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HomeMy WebLinkAbout01-03793 ~ I " " 'J. ~" - :.ilk' ,I, '. 'WILLIAM K. HUMMEL and LINDA O. HUMMEL, his wife, Owner IN THE COURT OF COMMON PLEAS CUM6ERLAND COUNTY, PENNSYLVANIA vs. TAYLOR HOME REMODELING, INC., Contl:actor NO. 0 1_ 3793 fh J... 0 T ~ . STIPULATION AGAINST LIENS WHEREAS, ~the Owners, WILLIAM K. HUMMEL and LINDA O. HUMMEL, are about to execute contemporaneously herewith a contract with TAYLOR HOME REMODELING. INC., tor interior alterations and improvements to the property loc..ted at 2424 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania. as more fully described on the attached ~IBI'1' "An, which is inCorporated herein by re,ference. NOW. June .;lD ,2001, at the time of anct immediately before the execution of tne principal contract, and before any authority has been given by said Owners to the said Contractor to commence work on the said building, or purchase materials for the same in considel:ation of the making of the said contract with Contractor and the further consideration of One Dollar, to Contractor paid by Owners, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contraotor, nor by any of the material men or workmen or any other persons for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to tile such liens being expressly waived. WI~$$, our hands and seals the day and year aforesaid. Signed. Sealed and Delivered in the presence of ~ ( ~'IJ '/~ifJxI /fl, OWNER . W~k q-J/AA1mJ W!LLIAM K. HUMMEL ~",,'H A\ 0, iJ.i?"'-r>" p L r: 0]\ O. HUMMEL I\TTEST: (Asst.) Secretary , iJJrtI'.Wo. (;/PI?d)ol 6' ~ /fu ",r-<<P /1^1'1'~~' . /,/Il'JJJJ1.1 1''/.' I. I', 'I' \..M ,IJ' , " ,I' NOTARIAl. SEAl. RIA J.COPPERSMITH, NoIary Nllk ~ HIli Boro, CUmlleI1and County 000lmI88ion Exp!1llS June 21. 2003 N~S.sa1 Catl1y L. v';"l\!IIllOOd. ~~~'"":;;. CfLmp HIlI eoro. Cumb.-"" '.JOttl'>ll !) My Commtso'.on EJ<Pires June 22. UOIl MtJl1b;f. i'inns;1vanIa AssOCIatIOn Ii .' .. -- ".;,,~K "__;'-"';"'.-j}'jWf41;i1l':j)jj~tiJ!ill!b~ltli_~~1!Ifl;&U~~~iil~nMl 1k'-' f~""'- e.e.J.L t;, L<h'~ ~ ~~ iJ/:.,j",1 ::to clc.:b.- ~"fI ~\)f ,~ ()o\ .~ .~ ..c, - ~:t.' r __~. ,'", ,"'.,,," _ '^~~'~.,~ ,~,,,'~,"o"'.w. , c ,~ "', u. v'~,.~'o ~" -'f (:; 1::': ;;~ -J C~~ -O:}C~) .fl;"TL ~-- ,', en', .4.. '~'. . r-::- c~ ~- Z(~ bCr -Pi;; '-. 2. _,.~. T. ~",,,",".",, __ ~", .,~~~ ,'..W' '" ," o . -- ';.;"::' .~ \'-') C:' -0 ~:;:,l> , CJ -\.\ ..-: -' .~ .' -:--- .\'--;'~ _.-:-',::;' ~;~.~{\ ~},,~(, :.J, .~, -;e; :;Z r-- .0 1 1 - ~,~=. "~r^,~~ . "',;;J_, , .' 9!2roposal Proposal Submitted to: Street: City, STATE Zip: William K. and Linda O. Hummel 2424 Yale Avenue Camp Hill, P A 17011 Phone Number: 717-761-0490 Date: June 14, 2001 Job Name: Hummel We hereby submit specifications for: Interior alterations at the above address SPECIFICATIONS These Specifications, along with the attached building plans, shall become a part of an agreement dated, June 14, 2001, between the parties hereto. Where plans and specifications are not specific, or where they are contradictory or incomplete, the Contractor/Seller shall have the option as to the material, plan, design or workmanship to be used. The Contractor may also substitute materials, if necessary, that are equal to or better than those originally specified. Brief Descriotion of work: Permits: . By others Demolition: . Remove O.H. garage door and make opening for window . Remove existing kitchen-garage wall . Remove closet door at basement stairs . .' , . · Remove closet walls at basement stairs · Remove wall at top of stairs on left side (2nd floor) . Remove bedroom closet door and walls · Remove three bedroom doors · Cut opening for pocket door to new walk in closet · Frame two pocket door opening at existing two bedroom doors . Remove existing driveway and walks per plot plan · Cut access door from basement to crawl space under kitchen · Relocate sewer line and cleanouts Excavation. foundation. and concrete: · Sewer ditch for new line to existing lateral at the property line Framine:: . lx3 furring on inside of existing garage wall . 2xlO floor joists spaced 16" O.c. #2 and better spf . Metal joist hangers as required . %" T&G floor plywood glued and nailed (at CD Fir) . 2x4 studding spaced 16" o.c. per plans stud grade spf . Replace one floor joist (1 st floor) Roofine:. sidinl!. and exterior: . Fill in brick to match existing as close as possible per plan . Continuous membrane flashing at head and sill of new windows . Seal new brick wi silicone water proofing Windows: . 3 A W TW 2062 wi screens, vinyl divided lite grilles and Low-E insulating glass . 1 A W TW 2662 wi screens, vinyl divided lite grilles and Low-E insulating glass Doors: . 3 flush birch 2/6x6/8xl-3/8" pocket door units . 1 flush birch 510x6/8xl-3/8" bifold door unit Electrical: , :1' , " ? ~ .. -.: -"~ ~~, I 1-; , . . 25 electrical outlets · 1 smoke detector · Light fixture allowance $500.00 · Run new 3 wire to existing outlets · New 200 AMP service · Electric baseboard heat (in toe kick in kitchen) · Install paddle fans supplied by others · AJlcopperwiring · AJI devices and plates to be white · Switches to be Toggle type · Run TV cable and phone line to kitchen-breakfast area as directed by owner Plumbinl!:: · Rough in necessary plumbing for kitchen sink-dishwasher and laundry wi shut off valves · Supply and install S.S. double bowl kitchen sink K33464 · Supply and install Moen chrome #784 I kitchen faucet . Install dishwasher supplied by others · Supply and install new schedule 40 sewer line with cleanouts to lateral at front of property line UVAC: · Electric baseboard in breakfast . Electric in toe kick in kitchen . I thermostat Insulation and wall coverinl!:S: . 2" perimeter insulation in crawl space exterior walls . %" foam insulation between furring . .006 Mil poly crawl space ground cover . 'Iz" drywall (all new framing) glued and screwed, finished and sanded Interior trim and shelvinl!: . 2-1/4" ranch window and door trim . 3-1/4" ranch baseboard . Birch Bds. To box in beams . Birch plywood banded shelves in laundry area Stair work: 1 " -".iff.; · Supply and install one oak or beech C4040 Newel post · Supply and install oak or beech C6010 handrail · Supply and install one oak or beech C 7019 opening cap · Supply and install one oak or beech C7337 Rosette · Supply and install oak landing *ead · Supply and install eight C5015 poplar balusters · Supply and install three brass handrail brackets for wall mounted rail · Supply and install wood pull down stairs to attic Floorinl!: · Ceramic tile kitchen and breakfast floor over '/:." cement bd. · Tile to be Laufen, 2 cornergon, LFCC800-l2 CG, white ice, l2x12, wlLaufen 2 cornergon dot. Raspberry, 3x3, }In;'',;<:J~ fUIl12A12 sepap: til~ at ~t~r u,.;allfi 8fla duu.l ....fl€miAgB' · Grout shall be Laticrete #589, smoke grey · All grout shall be sealed within 21 days after insulation . Total allowance $2,918.00 ~~ "fr Concrete work: . By others Miscel: · Install fa<;!oD.':built kitchen cabinets (supplied by others) . in(ltelII~;Q kitchen cabinet countertops (supplied by others) . Install kitchen appliances (supplied by others) · Clean up and remove all construction debris from job site /17' o/i."J ~~ 4 0.'" ~ ~.l, '\i:'i TERMS AND CONDITIONS · The cOl;rtract docwnents consist of this agreement with conditions of the contract(general, supplementary and other conditions), drawings, specifigations, addenda issued prior to the execution ofthis agreement, other documents listed in this agreement and modifications issued after execution of this agreement. The intent of the contract docwnents is to include all items necessary for the proper execution and completion of the work by the Contractor. The contract docwnents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the contract docwnents and reasonably inferable from them as being necessary to produce the intended results. . Taylor Home Remodeling, Inc. ("THR" or "Contractor") will be responsible to remove all excess material and debris from the job site. During the construction process Contractor will keep the site as clean as possible. At the end of the project, Contractor will broom sweep all hard services, vacuwn all carpeted floors and clean all windows installed, one time. v' · Contractor agrees to execute a stipulation against liens in favor of the Client and shall not commence work or purchase materials prior to the proper filing of said stipulation with other office of the Prothonotary of the county in which work is to be done. . Any blasting and/or additional equipment and labor required to remove rock will be an additional cost in excess of the contract and will be charged on a time and material basis to the Client. . Any fill required to be hauled to or from the project site will be charged to the Client on a time and material basis in addition to the contract price. . This contract supersedes all other specifications, drawings and/or any other infonnation provided by Client, unless otherwise noted on proposal. . Contractor is not responsible for the condition and/or function of materials provided by the Client. . Any extra work or material requested by the Client will be charged on a change order. All change orders will be priced in advance and paid for in accordance with the listings at the bottom of the change order. In addition, depending on the complexity of the change order, the completion will be extended and noted at bottom of the change order form. Unless otherwise <; ~. ~~ ~,L 'L:~i mutually agreed to the parties, the full amount of the change order will be collected by a THR representative upon execution of the change order up to $3000.00. Any amount over $3000.00 will be divided by 2. Half will be required upon execution of the change order and the second half will be required upon completion of the change order directive. · Contractor has the right to refuse any change orders after drywall is installed. Additional work will be scheduled after this contract is satisfied. · Contractor does not guarantee the survival of plants or shrubs disturbed during or by construction. · Client is responsible to provide clear access to all construction and Client accepts responsibility for damages caused by equipment and material and/or traffic using this means of access. . Client is responsible for the cost of all utilities needed for construction and maintenance of project, such as but not limited to, heat, electric, and water. . Client is responsible to carry sufficient homeowner's insurance coverage necessary to cover existing home including the cost of the project. Client's insurance coverage takes effect when any material is installed, fastened, etc., in or on the project. . Contractor will procure from a responsible insurance company authorized to do business in the Commonwealth of Pennsylvania, such insurance policies as may be needed to cover worker's compensation, and to cover public liability or motor vehicle liability in the amount of($l,OOO,OOO.OO) dollars. . If the Client uses any of their own suppliers, Subcontractors or their own laborer, the Client is required to provide company names, contract names, addresses and phone numbers for all said suppliers and Subcontractors. Any of these other companies or individuals working on the project while we are there, are required to work within THR schedules. If there is any additional work required due to the use ofthe Subcontractor or suppliers it will be billed directly to the Client on a change order. However, THR agrees to use its best efforts to coordinate with Client's suppliers and Contractors on a timely basis. . THR agrees to provide its b~st efforts to obtain required material and Subcontractors on a timely basis. However, due to material and labor shortages in the market place at times jobs are delayed. It is the responsibility ofTHR to communicate such delays to the Client at the time at which they are known. Ii . ~~ , """1';: · The price of this contract is given in good faith based on reasonable professional standards and on visual inspection and information available at the time of the original estimate. It has been our experience that although we do our best to prepare for the unexpected, all possible contingencies cannot be foreseen. The policy ofTHR concerning unexpected contingencies is to notify the Client immediately upon the discovery of such an item. Option will be discussed and construction will resume when an acceptable solution is agreed upon. · The Production Manager or Lead Carpenter will collect all progress payments in accordance with the payment schedule listed in the contract documents. We will try to notif'y you 2 days prior to presenting the invoice. All invoices are due upon receipt. THR reserves the right to stop all work if payment is not made on the due date. A service charge of 1 Y:z% per month will be charged to any past due amount. (Annnal rate equivalent to 18%). · Client agrees to pay court costs, including attorney's fees, and all other costs of litigation incurred in the collection of the payments due under the contract upon default by Client. · The Client and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to the covenants, agreements and obligations contained in the contract. Neither party to the contract shall assign the contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under this contract. . . Allowances are based upon the costs to THR. Any overage to the allowances will be marked up 20% .for overhead, 10% for profit (times 1.3) and charged to the owner. In addition, any amount lower that the allowance will be credited back to the Client at the same rate as the above shortage is calculated; 20% for overhead and 10% for profit (times 1.3). All differences in allowances will be calculated at the end of the job. . Any fine grading and seeding required due to construction will be the responsibility ofTHR. THR uses only high quality seed with a high germination percentage. Actual germination is dependent upon sufficient watering. It is the Client's responsibility to provide necessary water for germination and reseeding of any areas washed out due to water erosion. 7 .;,r."+,, · It is the Client's responsibility to move any and all furniture, accessories and personal property necessary to complete construction. IfTIIR is asked to move any of the items listed above, it will be billed at the rate of $25.00 per hour, per man. COMPLETION PROCESS · The following is the process for completing all projects: · Within a few days of the completion of the project after TIIR has worked to complete the project to the best of its ability, the Client and a TIIR representative (Lead or Production Manager) will inspect the project and generate a Final Walk Thru List agreed to and executed by both parties. This list will include those items that meet the "Substantial Completion" definition and those items that cannot be completed due to weather conditions and or availability of material. · The items to meet "Substantial Completion" will then be completed by TIIR and the final invoice will be presented less the cost of those items that are listed as not able to be completed due to weather conditions and or availability of material. . TIIR will work with due diligence to finish the uncompleted items. Any items over $1,000 will be invoiced as completed; otherwise the invoice will be presented when the list is completed. . "Substantial Completion" shall mean construction of exterior, interior rooms finished, floor coverings laid, interior painting completed, fixtures installed and generally ready for occupancy. Such term does not include final completion of grading & seeding, or driveway or exterior painting which may depend on the weather conditions or Subcontractors timing. . It is the intention ofTIIR to complete all projects in a timely and efficient manner. WARRANTY . The Contractor guarantees all labor and material for a period of one year from the date of the final billing.' Any manufacturer's warranty will supersede Contractors warranty. . During the warranty period, upon notice from the Client, Contractor shall proceed with due diligence at its expense to properly replace any damaged or R , ~ .....~,' " i :..J;.~ -"''''r1!fc defective items or materials or perform any labor necessary to correct any defect in the work. · Any minor cracking of paint and/or drywall due to drying and shrinking of the lumber and/or drywall compound is excluded from the above stated warranty. Q ['.-, ;1i PAYMENT We propose hereby furnish material and labor - complete in accordance with above specifications, for the sum of: · Thirty thousand, nine hundred, sixty-seven dollars $30,967.00 - f r./1</6 i to ,,^ _.r t1ec..~/'~~fr-'.II- . <l ~ -;f Payment to be made as follows: fI' ... ~ .,. ,. ~J · Deposit due upon signing this proposal ~ · Three equal biweekly payments of $7,742.00 · Payment due dates to begin on the 2nd Friday after commencement of project · Commencement of project to begin within 30 days after signing of contract Authorized Signature ~.... ~/ ~ Taylor Ho e Remodelin , Inc. Note: We may withdraw this proposal if not accepted within fifteen (15) days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature W~K 4j~. Signature~~ n / CD. 7C~I.""'-""?-! 0 ~ / Date of Acceptance ~ "'-0 / 0 L You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. 10 >,', ,.-' , - ,,-, ' I .~'''~i . NOTICE OF CANCELLATION (Date of Transaction) You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the Seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the Seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Seller's expense and risk. If you do make the goods available to the Seller and the Seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without further obligation. If you fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the contract To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to Taylor Home Remodeling, Inc., at 5103 Carlisle Pike, Mechanicsburg, PA 17050, no later than midnight of 3 business days after transaction date. I hereby cancel this transaction. / / Date Signature Signature 11