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HomeMy WebLinkAbout01-04017. ti COMMONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JYWCIAL DISTRICT 09-1-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by The District Justice on the date and in the case mentioned below: 9-1-01 Hon, Charles C1 6-22-01 CV 20 -0000254-01 LT 20 ThB block will be signed ONLY when this notation is required urder Pa R.CPJP. Nh 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case signature o/ Protnonorary a oep~ty Nappellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Juice, he MUST FILE A COMPLAINT within twenty (20) days alter tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section o/ /orrn ro be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action berore District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Eller rule upon Gi 7 h r} parthPmnrP R Tnanna Par1-hmnra , appellee(s), to file omplaiM in this appeal Name W aPPetieefs) (Common Pleas Nq a I - 4a (-~ )within twenty (20) days after service o « suf tr judgment of non pros, appeTnt or his ettorrrey or agent RULE: To Gil b rt Pathr~mn g/.Tnanna Partha(te(s). Name o/ appeeoeis) (1) You are ratified that a rule is hereby entered upon you ro file a complaint in this upped within twenty (20) days after the date of service of this rule upon you by personal service or by cerfified or registered mail (2) N you do not file a comphiM within this time, a IUDGMENi OF NON PROS WILL BE ENTERED AGAMST YOU. (3) The date of service of this ruk if service was by mail is the doll of mailing~~ ~ ~ ~ Dare: ~ nt ~ , 20~. L~/CI Y1~!"/ 1~ atue t Ranarom~y ar oepmy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY d .• } PE2l~®~' ®F S~Ft~II~~ O~ NQTICE flF 14PP~AL. ~eN® R~lL "fC~ F11®E CQMP~.AIN~° fThls proof of service MUST BE FILED WITHIN 1'EN (10) DAYS A7=TER filing fhe notice of appe,vL Check apptlc:able boxes) COMMON WEA4.TH OF PENNSYLVANIA COUNTY OF ss AFFf~AVII': B hereby swear of affirm that i served ^ a copy of the Notice of Appeal, Common Pleas No. _ _~__. _, upon the District Justice desgnated therein cn (daPe cfser/icej ___ __`__,, ^ Ly persona( serviee ^ fiy (certified} (registered) rnait, sen~~er's receipt attached hereto, and upon the appefle, (name) _ _ , an _ , ?0 ^ 6y persona€ service ^ by (certifsed) {nsgistered} mail, sender's receip4 attached t?ereto. ^ and further that !served the Rule fo File a Complaint a~:companying the above Notice: of Appeal upon the appe€!ee{s) to vahon? the Rule was addressed on _ ~~ ____ v _~,! , <':G___ EI by persona# service L°7 by (certified} (registered} mai3, sender's receipt attached hereto. SWORN AFF€RMED) AND SUBSCRIBED BEFORE ME TtflS DAY L?F , 20 _ w.___._,____ _` ___~ ___.__._ ___ ~~ _. . M 4 ~__ ~ ~'- '- Signature of affrant Signature of official before whom affidavit was made Title of official ~ ~-~~ .,___. My commission expires on ~,~_ __ , 7.G ~' 4~ - ~ , i?iJ• _ - ~:! . ._) tl t c _ i.' ~ l r ~. 4 . : -l f ..... _ .- t.7 .,r t.3 -G ~"`~MMONWEALTH OF PENNSYLVANIA C(ll INTY CIF CIIMBSRLAND Dist. No.: 09-1-01 - DJ Name: Han. ! ~ CHARLES A. CLEMENT, JR. Aadress: 1106 'CARLISLE ROAD CAMP HILL, PA rei€pnane: (717) 761-4940 17011 ATTORNEY DEF PRIVATE BRUC$ FOREMAN, ESQ. 4409 N. FRONT STRSST' HARRISBURG, PA 17110 TI~dS IS TO NOTIFY YOU THAT: -- Judgment:.. NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rPARTHEMORE, GILBERTB JOANNA 901 FIFTH STREET NSW CIIIYIBERLAND, PA 17070 L VS. c,~, J DEFENDANT: NAME andADDtaESs rNORTHERN CONSTRUCTION ASSOCIATES ~ 518 BRIDGE STRSST NEW CUMBERLAND, PA 17070 L J DocketNo.: CV-0000254-01 Date Filed: 5/04/01 Judgment was entered for: (Name) PAjjTHRMnRF.~ RTT.RRRT& .Tnnxn~n Judgment was entered ' gainst: (Name) NORTHRRTT .nNSTRiTCTTON A440 Tames in the amount~$ v ~> ~ ~ : (Date of Judgment) ~~2/n~ ^ Defendants ar'e joir(ly d~everall,~liable,..~ (Date & Time) ~~ ~ .~ _ P ^ Damages will ~ a~ssed on: ~ rv Q ~- ^ This case dism si sed without prejudice. Amount of Judgment Subject to ^ AttachmenUAct 5 of 1996 $ ^ Levy is stayed for days or ^ generally stayed. Objection to levy has been filed and hearing will be held: Date: ~~ Place: Time: Amdurit of Judgment Judgment Costs Intereston Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ i ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUS7 INCLUDE A COPY OF THIS NOTICE OF JUDGMENT(TRANSCRI~T FORM WITH YOUR NOTICE OF APPEAL. 6/22/2001 Date ~~. -District Justice I certify that this is a true and correct copy of the record,of the proceedings containing the judgment. Date ,District Justice My commission expires first Monday of January, 2002 SEAL AOPC 315-99 r . (.~) C.~ -~ ^%~ "" C.. ~ _ V' ~ ~ its"'. ; { 3 _ ~ ~ N d ~ %C=> -ct - __ /mo ^~ C_. ~~. pq ~ ~~ 4" ~~~ 4 pR.. tp~h9~R"~ ~ i r. o.,.,~ . rM'F~fteWS+xeR~^S~SNi*~?~w.c~~?~n i~+ro~9lwhaba. _ GILBERT PARTHEMORE and IN THE COURT OF COMMON PLEAS JOANNA PARTHEMORE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0.2001-4017 NORTHERN CONSTRUCTION ASSOCIATES, Et al., Defendant :CIVIL ACTION -LAW AFFIDAVIT OF SERVICE I, BRUCE D. FOREMAN, Esquire, certify that service of the Notice of Appeal from District Justice Judgment to the above-captioned term and number was made upon District Justice Charles A. Clement, Jr., by sending a certified copy of the said Notice by U.S. Mail, return receipt requested and received and acknowledged on July 2, 2001; and upon Plaintiffs by sending a certified copy of the said Notice by U.S. Mail, return receipt requested and received and acknowledged by Joamma N. Parthemore. True and correct copies of the receipts for certified mail and the domestic return receipt cards are attached to and made a part hereof. Bruce D. Foreman, < , s a ii' S S ~O Postage $ a -11 CeniSetl FSe 1 ~~ ry !L 1 Retdm Receipt Fee /5 IEntlorsementRequiratl) r, 5C~ Postmark Here 0 Restritted Delivery Fee (Endorsement Required - _ - - p ~ Total Postage & Fees $ U• - ' .O p (ipc/pients Name (Please Print Clearly) (to 6e torr~cle! by mane// - -ItV-1,1b~,~rk_£ J~tc r ~ a 'r ~~ ~:~ o II D _ . . .- 5 q A t. No.; or PQ\Btax~Na ~ ~~ ~ ~ ~ .._ . .mcz -:-. tti _~ _-~F =1.-Sl.l.-. - . ._._. cry rare, 9P F ~ ._... -...._ _....._.__-._.-..-._ - 110 ~~ ! - rr t +} ~i ^ Complete items 7, 2, and 3. Also complete item 4 ii Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the cartl to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ankle Addressed to: C~,{het- ~ aaa ^a ~~~ ~n~ b~-Z~~nJ.n/.yJ'1 ! W A. Received by (Please Print Clearly) B. Date of Delivery Tognnri I~ Par them .~,° G. Signature D. IS delivery address different from Item 7? If YES, enter delivery address below: 3. Service Type ~ertified Mail Registered ^ Express Mail eturn Receipt far Merchandise ^ Insured Mail C.O.D. 4. Restrict d Delivery? (Exha Fee) ^ Yes // ~7 lD PS Form 387 7, July 1999 - - _ Domestic Retum Receipt '1p2a95~99~M-t X99 ;t C7 ~ / \- r~. C 1: ti - r, J ~" ° rr~ ° t V , .butt f' - -- - - S Postage ~ ~`( - c0 ~ Certified Fea ~' (/~ postmark ___ Raturn Aecelpt Fee ~O Here r (Entlorsemenf Required) ~, - N ° Reskkted Oetlvery Fee ° (Endorsement Regviredl ° Totat Postage & Fees ~ / _ ° _ ~ apient's Name (Please Print Clearly) ([0 6e complefetl by mailer) ° Slrre refit/Ro[. a~~``'fo~~r PO}BOx NIOQ !~.r~ ° - y, rate, Z(P+4 -- `` ~mn ail a . ., - ^ Complete items f, 2, and 3. Also complete A. Received 6y (please Print Clearry) B. Date f Delivery item 4 if Restricted Delivery is desired. i ^ P ~ r nt your name and address on the reverse Sign ure so that we can return the card to you. - ^ Agent ^ Attach this card to the back of the maitpiece, )(. or on the front if space permits. ^ Addressee - - - ^ t. Article Addressed to: D. d very address dAferent from item 1? yes ^ N If Y S, enter delivery address below: o i~Gi'1. Cho..~te~, 1~ ~ Gl e rrter~+ v. 1\C~Lo GPI-1~t51e.~ . ~ k C~m~ ~ , ~ ~ `~ 1 ~or1 3. Service Type _, _ ,_ ~ _ Certified Mail ^ FxPress Mail . _ Registered }praReturn Receipt for Merchandise ^ Insured Mail IJ C.O.D. _ es 4. Restricted Delivery? (Extra Fee) ^ yes 2. Article Number (Copy from service 7abe!) 7~~) o t)~~~o ~aa~.. /moo ~5~_9 Pe Fnrm~~Tfv 7999 Domestic Retdm Receipt tozsss-se-m-f>ag ..~.____ -..-_. __ - - - - -- - ~'. _y.-. __ __ Cllr , ~..::: !_ ~ Jl -;. 1:i _ -"'7 r~ .~ ~'?'`~zi 1~^'~ai~o-nrr,.`pv'~?w, ~_~~iw^~,~-~irv,~Rrt~~a~.:, .., pd\ntc \cumberld.not GILBERT J. PARTHEMORE and JOANNA N.: IN THE COURT OF COMMON PLEAS OF PARTHEMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. DI "'Ck0~7 v. MICHAEL E. CARMAN and HARRY CIVIL ACTION GROSSMAN, Co-Partners, t/d/b/a NORTHERN CONSTRUCTION ASSOCIATES, Defendants NOTICE CIVIL TERM - LAW You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 PE\COM\PARTHEMORE. COM\8-01 GILBERT J. PARTHEMORE and JOANNA N. PARTHEMORE, Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O/- ~/b/7 ~ycQ /,,GGw.- MICHAEL E. GARMAN and HARRY GROSSMAN, Co-Partners, CIVIL ACTION - LAW t/d/b/a NORTHERN CONSTRUCTION ASSOCIATES, Defendants COMPLAINT AND NOW COME the Plaintiffs, Gilbert J. Parthemore and Joanna N. Parthemore, by and through their attorneys, Stone LaFaver & Shekletski, and file this complaint against the Defendants, Michael E. Garman and Harry Grossman, Co-Partners, t/d/b/a Northern Construction Associates, and in support thereof aver as follows: 1. The Plaintiffs are Gilbert J. Parthemore and Joanna N. Parthemore, adult individuals residing at 901 Fifth Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendants are Michael E. Garman and Harry Grossman, Co- Partners, t/d/b/a Northern Construction Associates, having a principal place of business at 518 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070. -1- 3. On or about November 29, 1995, the Plaintiffs and the Defendants entered into a Construction Contract, a copy of which is attached hereto, marked Exhibit A, and incorporated by reference herein as though fully set forth at length (hereinafter the "Contract"). 4. Under the Contract, the Defendants agreed to build a home for the Plaintiffs on property owned by the Plaintiffs at 901 Fifth Street, New Cumberland, Cumberland County, Pennsylvania. 5. In May of 1996, the Plaintiffs moved into their home at 901 Fifth Street, New Cumberland, Cumberland County, Pennsylvania, which home was built pursuant to the terms of the Contract. Approximately one year after the Plaintiffs moved into their home, they noticed that a part of their blacktop driveway directly adjacent to the garage of their home was gathering water and not properly draining after even a moderate rainfall. 6. The drainage and ponding problem with the Plaintiffs' driveway continued through the next several months. 7. The Plaintiffs contacted the Defendants to alert the Defendants of the drainage and ponding problem with the driveway. -2- 8. The Defendants acknowledged the aforesaid problem with the driveway and in the late spring or early summer of 1998 excavated and back-filled the low spot in the driveway in an attempt to fix the problem. 9. In the spring of 1999, the Plaintiffs once again noticed that the driveway area was ponding and not properly draining after only a moderate rainfall. Further, the Plaintiffs noticed that in the winter months the improper drainage of the driveway was creating an accumulation of ice which was hazardous for the Plaintiffs as well as their guests and invitees. The area in question in the Plaintiffs' driveway is an approximately 25 foot by nine foot area which, after a moderate rainfall, creates a puddle of water approximately one half inch to one inch in depth in the summer and which, in the winter months, creates a hazardous situation due to the build up of ice on said driveway. 10. In the spring of 1999, the Plaintiffs once again notified the Defendants of the ongoing problem with their driveway. 11. Under the Contract, the Defendants agreed to take responsibility to supervise and direct all work using best skills and attention. Further, the Defendants agreed to be solely responsible -3- r for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work under the Contract. 12. Under the Contract, the Defendants agreed to be solely responsible for all subcontractors employed on the project by the Defendants. 13. Under the Contract, the Defendants agreed that all work would be of a workmanlike quality. 14. The Defendants' installation of the Plaintiffs' driveway and attempted repair in the spring of 1999 were both performed in a defective and unworkmanlike manner contrary to the terms of the Contract. 15. As a result of the ponding and drainage problems on the Plaintiffs' driveway after only a moderate rainfall, the Defendants have failed to perform as required under the Contract and therefore breached the Contract between the parties. 16. The Plaintiffs have demanded that the Defendants properly perform and repair said driveway as required under the Contract, but the Defendants have refused and continue to refuse to properly repair the Plaintiffs' driveway. i -4- i 17. The Plaintiffs have fully performed all obligations required of them under the terms of the Contract. 18. The Plaintiffs have secured two independent bids to remedy the defective driveway construction by the Defendants. Copies of the two independent bids are attached hereto as Exhibits B-1 and B-2 respectively and incorporated by reference herein as though fully set forth at length. the Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against the Defendants for the cost to properly repair their driveway, together with costs of suit, interest, and such other relief as this Court deems just and appropriate. Respectfully submitted, STONE LaFAVER & SHEKLETSKI By Gerald J. ekletski, Esquire I.D. #40486 414 Bridge St., P.O. Box E New Cumberland, PA 17070 (717) 774-7435 Attorneys for Plaintiffs -5- pd\mis\1-ve ri£i.aff VER-FICATION Gilbert J. Parthemore and Joanna N. Parthemore, state that they are the Plaintiffs named in the foregoing instrument and that they are acquainted with the facts set forth in the forego- ing instrument; that the same are true and correct to the best of their knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. o,-~x.- GILB T J. PARTHEMORE ~ta~l `Y~ ~Panth,es~n.~.~. JOANNA N. PARTHEMORE i Date: a ""F`d~ pd\mis\lservice CERTIFICATE OF SERVICE I, Gerald J. Shekletski, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiffs, hereby certify that on this date I served a true and correct copy of the within instrument on Defendants' counsel of record by first class mail, postage prepaid, addressed as follows: Bruce D. Foreman, Esquire Nicholas & Foreman, P.C. 4409 North Front Street Harrisburg, PA 17110-1709 GE J. SHEKLETSKI DATE : ~ /~/~/~ ;1/29/1995 12:31 7.17-7511x55 r RF_/MAX REA~TV ASSOC PAGE D2 THI5 Construction Contract is made this e)~j~t_ day of November, 1995 between MICHAEL E. GARMAN and HARRY GROSSMAN, Co- Partners, t/d/b/a NORTHERN CONSTRUCTZON ASSOCIATES, hereinafter referred to as the Contractor and GILBERT J. PARTHEMORE and X JOANNI ~~r N. pARTHEMORE, adult individuals, hereinafter jointly and individually referred to as the Owner. 1, ~:'gZ1TRA~. This Contract consists of this Agreement; Plane an.~3 specifications attached hereto and a legal description of land =gar=ed by Ownex on which construction is .to take place hereaft~;;.. :~fer-r-ed to as the Lot. These docu~en~s "form this Constru<:=[- .rah _ Contract and, whether attached - ;ar• not, arP incorpo~~tt~d herein and made a part hereof. Location and ground elevata!+r, '??^.x.31 be determined by Contractor .~~d approved by owner. A"t t:'antractor'a eole discretion, trees maybe removed as necessary ~'o;~ construction. Contractor reserves the right to make chanyE in plans and specifications for the purpoAe Of mechanical incstallationa, building code requirements and architectural improvements. 2. I9i0 K TO BE RR ORntPn, Contractor agrees to perform all work and provide all materials set forth in the Contract and as set lerth in said Plana and Specifications, as necessary to EXHIBIT A ~~ ?.'./^^<9J?.995 ?.2:3?. .~. r7.7-76~ RE/MAX REA~TV ASSOC PAGF_ 03 eo»struct a residential house on Lot. All parties hereto have reviewed Plans and Specifications and accept the same. In the event that any materials specified cannot be readily obtained by Contractor, materials similar thereto may be substituted. 3. T2MF. ('nMMRNf`A'MF.NT AND COMPi_FtTZON. The WOTk tO be performed under this, contract shall be commenced no later than pC4[pJIG and completed within six (6) months of commencement. Not withstanding anything- herein to the contrary, Contractor shall not be obligated to commence construction until it has received satisfactory evic'e~zce of Owner`s ability to pay. Contractor shall not be liab3e for any failure or delay due to Owner; nor by sots or defaults -a~uaed by adverse weather conditions; acts o£ God; by strik,~~ labor disputes of any kind; goscit:~bental control or prop«:~`,t:,,;~,a, regulation or agencies, including-:~kaye in obtaining pexr~i;~s; shortage in supply of materials;-acts. of subcontractors ~°; ."'~^r?viers; or delay i» payments. Iz ~.~:~ -scent of any delay for risey listed reason, the time for completion- shall be extended the pea~aod of such delay. 4 • coN?~°eT ;Y~3. The Owners shall pay the Conr.ractor._for performance of work, subject only tv additions and deductlona by written change order or as otherwise pzovided in this contract, the total contract sum of One }8undred Eighty Thousand and 00/100 (S180,000.00) Dollars by bank draft or certified check. In ~~. addition to the contract price set forth, Owner shall be ~\ *3 days after settlement. on owners' construction financing with Integra L\~~~ ) Mortgage Company, r ?.?./29!?.995 ?.2 31 717-76.17.x55 RE/MAX RFA~TY ASSOC ~ PAGE gx responsible for all costs associated with additional fill dirt and compaction; unknown underground conditions, including but not limited to blasting, underground water, stone removal or required subfootings or abnormally deep foundation requirements. S- ~t(X+RFSR PAYMRNrc, Sased upon billings to beset forth in writing from Contractor to Owners, upon completion of work as provided herein, Owners shall make progress payments on account of the contract sum due to Contractor as set forth in Draw 9ehedule, labeled as 8xhibit ^a~~ and attached hereto. Payments shall be made by Owners to Contractor within ten i10) days after written invoice unless Owners produce evidence that the work billed for in the invoice and under this progress payment schedule has not been satisfactorily completed in full or that Contractor is not in compliance with all terms of this Contract. 6. EZivAr. PA F.nfT, Final payment, constituting the entire unpaid balance of the contract sum and any additions or deductions by written Change Order and set forth as the last payment under progress payments in the preceding paragraph shall be paid by Owners to the Contractor within fourteen (Ia) days after completion of work provided that all work has been satisfactorily completed, less punchlist items only, and a Certificate of Occupancy provided by Contractor to Owners. On final payment, possession of the newly constructed home shall be given to Owner. Occupancy of the home by Owner prior to finr~_1 ~~/Z?~/???fit°:x:2:31 7t,?-751!.4.55 RE/MAX REAI_TV A550C PAGF_ 95 payment, without the written consent of Contractor, shall constitute and be deemed acceptance by Owner of the home in its °as is" condition and shalt release Contractor from any obligations hereunder and shall require immediate final payment from Owner to Contractor. ~. Qg. It shall be the responsibility of the Contractor to supervise and direct all work using best skills and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and proc®dures ars,1 for coordinating all portions of the work under this cor~Yract. Contractor shall provide and pay fer all labor, meYc?~•ials, equipment, tools, construction .equipment, and nf;:=r::;ery, water, heat, utilities, trdnapo,~xation and other f~:.i!:Rties and services and shall be solely responsible For all sv.4zcvntractors empleye8 on the project by Contractor. rr'n~.aetor warrants to Owners that all materials and equipment incorporated into the premises will be new, unless otherwise specified, and that all work will be of a -workmanlike quality. Contractor shall pay all taxes due on construction purchases. Contractor shall give all notices and comply with all laws, building Codes, ordinances, rules, regulativne and orders of any public authority bearing on the performance of thin contract and shall comply with ail recorded Plana. contractor shall provide of cause co be provided ell insurance necessary to insure Contractor, Contraetor~s work and Contractor s subagents, ?.1/2?/.l9?5 ?.2:3?. 7?.7-75J.?.a55 RE/MAx REA-LTV ASSOC PAGE 96 employees, and subcontractors. Owner, at its expense, shall provide a Stipulation Against Liens to be executed by Contractor and rscorded by owner prior to the commencement of any work. contractor agrees and warrants that no Meohanic's Liens shall be filed on Lot and to provide a completed and verified Release of / ~ ~~ Liens before. receiving final payment. ContractoY agrees to abide y~ ,, by all zoning setback and building restrictions. Contractor d[3dfrshall supply a New Home Warranty upon completion or other warranty, which shall eenatitute Contractors sole warranty or obligation as to the condition of the newly constructed home following final payment. 8. Q1~;$. Owner shall be responsible for al.l real astl~te taxes, benefit assessments, water * gas* electrical *or other public utf lilies * groundrents and Home Owners Association ~'~ 1~, fee6 and all othex public or governmental charges. *upon occupan ~~~ 9. Contractor has allowed the allowances for specified items a9 set forth in Exhibit "S." To the extent that Owner chooses to expend sums beyond allowances, owner shall pay the same directly to supplier. Owner shall receive a credit for any amounts less than allowances expended. THIS Agreement is executed the day and year First above written. The undersigned signs on his on behalf and on behalf of the Contractor or Owner whom he purpozts to represent. The w: 21/2?/1?95 12:3' 717-7511x55 RF_/MAx RF_A~_TV ASSOC PAGE Q7 parties hereto represent that they are authorized to sign on behalf of the parties whom they purport to represent. OP1NLrRS ~~~ GILHE J. PARTHSMORE ~ JA N. PARTHEMORE JOANNA 9rrr corarRA~TOR: NORTHERN C'ti1y8TR~TCT2ON ASSOCI]1TE5 -~ EL F. GARMAN C~yv~~f- / ~~_ ~~_~? 11/291'.?95 12:3'. 7.17-', 511.55 FAGE @~ RF_/MAx REALTY ASSOC EXY3IBIT ~8' Contractor has calculated the following allowances for specified items. To the extent that Owner chooses to expend amounts in excess of allowances, the same shall be due from OwrJer directly to supplier. To the extent that Owner expends sums beyond the allowances, the same shall be given to owner by Contractor aN a credit. Ztems are as per specifications: KITCHEN APPLIANCES $1,250.00 LIGHTING $2,000.00 FINAL GRADE AND 3EEDiNd $2,200.00 05/12/69 21;.~51,t:^,'J7177747917 HE?NHOWER PAGE 01 .~. ,~; ' ~~ ~ E K SER191CESe INC. : i _. s~ J .~. ~YI~ ' ';~; ~ " ;+,~ ••r, ' I ~(a KDS Excavatin ~,.: u. ' ..r, '~° : ~' ~ ' : ~' .. 260 01d Yodi Road ~~ ~'': it a 170 0 ., "~~~~~ •~" :• ~ . ~' "' ~,~ l.; '~ ! M ~ M'~:, i'y .~ ..:.~. I ~ I ., ii~;';: .:...•~ Cu 4.79 I ~ .; , , 0 ; ; ~ ~ ' ~ ~ ~ „ ; :, .: :.(717) 77 13 ~~~ ~i '~r ~ 'S~ ' ~~~ ,. .I{ea , . ~' ~ ,:. •sG. ;I i. ' I' ~.1,~ , ~~ +' ' ~ .. . . _, .. .~. ~'I (7~7)~q-7917 . 4 . ~. v : .. .. . "~ " 1 it'.4 •r,; •:~.: j, fipNE ~ .,~ .,~~~ , DATE '?. , . ~ a' ig : A~~.i •; • x 8 ~'e ~ ~, ®~ t X74-1hY7 . e . r • 91AEET i r'I 1 -C~tP". .. ,. ~. ~ .I _ ~i~ ,`r~ 90 r~ 9th: '~+a1,..3 l ~: I $: LitY. STATE J p~"'y f ~ 1 :, L~t`rpTION .,t €'s~ ' l ' ~ }•• . I d y' ' hafn :w ~ . ~ ~ eV. [ ~ I New G _ •, ydacxllTecT ~: - '~ r f Da tw+s .. ~_ _, , ,~ , .11;,p~~pwla a. xJl~ We Hereby •., ~ ~ .. r. ~,~ .- .. ror'- .. RE: PAVE DBIVSWAY IN FRONT OF GARAGE TO CORRECT WATER LEM APPROR: 148 SY 1. Excavate P,ttieting blackcap in front of garage and remove .soil in - ' aFea whexr h74acktop 'has sunk and water lays. 2. Furnish ars:,~~~7ace-suitable fill !n this axes atui• ompaet with z _' r, X 51-~Nt~t~r...'~" 'Fk;. .~= _3~'~.~_ r PRZCB gDOTBD DO~S:~;',J~NCLUDE ANY PERMIT3 OR F88S ~___ - _- . \ . . ._. 1 . _ WE Pt'OpOSe hareny to furnish material and labor -complete in actor nce with above specifications, for the sum of: SEVEN TRODSAND-TWO ~u@1f+R8D-EIGdTY DOLLARS AND NO CENTS X7,280.00 i. ~~ dalarsfS Payment b be (node ea follows: N/30, 1}X FINAPiCE CRA8G86 Y8R NDNTH It an attorney is "requ re o o . e s a e a a so c re ataottnt due attorneyTa fear of 20X. All meletlal Ls gvarenteed to be ee epae00d All wont W se mnpbled In a wodoneNlke Authorized ' merino. amomin9 m emidant practlces. ArW alterepon ar devlatlon Ilvn above epeaOCaaore ' Involwng evlre Wwe wMl bs exeurbd only upon wdlren artlna, and W beopne an etdre gorge aver end above the 9ermafe, All agreenenm ealMpem upm eaaw, amitlade m delays baWnd our oalvd. owls( b tarty Ole. tomem and otlrer rlemetaly YlaadlllR Our b u nay a ~ ~ in 30 wahdrewrl y s It worlRre ere NYy covered by worernann Canpwweson smmerlce. a oreO oad wlm date. Acceptance of Proposal _Theabowsprbas,specdldatbns and I,nllfallgna ere eaaeleclary and ale MRby amepted. lbu are aumofized 10110 the SigroNre work as specified. Payment will 6e made as outlMed oboe. Dare of Aaeptence: Signahae EXHIBIT B-1 ®Toaaaaer• 0a/;,a/2@07. 0°:55 77.777?.55x5 I'ARTHEMOf2E 1 l~~3i •,.~ Inc. PAGE 02 205 CREEK RQAD. CAMP HILL, PA 17017 • FAX (777j 761-5019 STEELTON: 939-9586 CAMP HILL: 737-3A11 LOCUST POINT: 795-9000 70LAND: a86-5711 Larw,i aM+atl Canaeie - OuNwa arorm •- $Blyd - A,pApa PiNrra Mararww - Sb°M an0 privewv ConsWen°n - ROrtl isvin° - EQNOmMf Rnnral - &owri°n DATE: January 23, z001 PHOJEC'Ll Driveway Re~sirs - 901 S. 5~' St.-New Cumberland. PA TO: Kelly Humbert 625 York Road York Haven, PA 17370 We are pleased to submit the follotping quotation for the above captioned project Description: Co77structiou of± 165 SY to include: 1. Furnish and place 2" iD-2 Binder Course, 2. Furnish and place 1" ID-2 Wearing Surface. TOTAL COST: $3,660.00 The above quotation and proposal constitutes a ps•zsent offerto contract and may b¢ accepted in writing only by having this form signed where indicated below by an authorized ofFeer or agent of the purchaser and returned to the offices of Hempr Bros., Inc. no later that giM• rapt •+sys from the above date. Hempt Bros-, Inc., makes no warranties, express or implied, including an implied warranty of merchantability or fkness for a particular purpose, unless expressly seiforth fierein. Wewill not be responsible farfailure to make delivery when prevented by any causes or reasons b¢yond our control, including shortage of raw materials. Ths prices quoted eboVS are based en tests for labor end materials Drevahing on the date shown above and are subject to changeH there is an increase in our labor or materials Costs between the puotation date and date ~ delivery, provided that such increase shall only reflect attual labor and materiel cost changes as incurred by Hempt Bros., Inc, Our terms are thirty (301 days neC after:hirty !30) days from the date of any invoice, a delinquency charge in the amount of one percent (1°hl per - month will be assessed on any item or balance remaining unpaid, plusten percent (70%{ for cost of collection. If at any time thefinancial responsibility of customer becpmes impaired or unsatisfactory, Hempt Bros., Inc., reserves the right to require payments in advance or sadsfactory guarantee that invoices will be promptly paid when due. In the eventthetenure of a comraa is more than thirty 1301 days, Hempt Bros., inc., shall be paid monthly by the tenth of each month following the determination of the amount due. ((t is understood chat the prices quoted above are based on our operating open shop.) This proposal and the signed axeptenca thereon eonsiitutes the entire agreement between the parties, and there are no covenants, conditions, representations or agreements, oral or written, ether than those herein contained, nor is this proposal, if accepted, sttbjeot to further approval of the parties. We would appreciate your acceptance of the above offer and promise to pay Hempt Bros., Inc. forthe pertormance of same by signing the acceptance below, returning one copy to us, and retaining a copy for your records. Sincerely, - HEMIPT BRO C. By .....~~~~~ ............................................................... ACCE~'TANCE ............................................................._.._..................._...,................,........._._.,... gh~e~reabpy~accepts the above stated proposal and the terms of Payment. DATE....---~ ............................_.._......................,..................,................_.._...EXHIBIT. BU}~E..._.--~--................................,....._........,......... .......... ge./gin/2H9?. 99:55 ,7?.777?.5546 PARTHF_ML1RE HUbIDERT'S EXCA'V'ATING 5Z5 York Road York Haven, PA 17390 (717) 938.186 CONTRACT CONRACT S[TB141ITTED TO: DATE: Gilbert Parthemore Z/35!01 ADDRESS: 901 5i° Street New Cumberland, ~A 19070 JOB: Driveway We hereby agree to provide equipment and materials to do fire following swpe of work ._. iyaw cut and remove esisti~ biaclrtop at the top of driveway Rig out "sink bole" and remove material laeplace and compact "sink hole" area with 2A modit~ed stone ;?our cwmrete cap en top of stone to prevent ~Y farther slaking Baeldill and compact wlth ZA modified stone PAGE Total estimate: 45D0.00 ~~, ~ 3©CS ~ ~'' ~, ~' 2er~aJ ~ Cc_1I{~~ye1~~E!!f~ , Price includes work that is stated above only. Any otdeer work than stated above 7-" ` t ~ .. will beat an additional cast. This is a legal, binding contasct ofthe designated jobs and prices stated abceve. G+stomer agrees to lmy Iiumbert's Escavattng upon complyion of job or a Late rd~arge of 1.5% will be added monthly to baJattce. Custoater wifi also be responsible for al! wfiection and attorneys fees. ACCEPTED BX: DATE: c' .-:~ c: __ ~:; ` T ~_y J? r'(' C'~ t_> __ C-: ~ a _ ~,. . ~ lT L_' ~ ' (-i'7 .i; sue} _`i ~~ "< j~~, ., .. ~ .'.Ra~A.:~cix?E ~'c ,azr 4~ ,,,:, zar?~::nflv~as?~*~i~'~'±s~a~+_ .-.. pd\pra\ldiscont l GILBERT J. PARTHEMORE and JOANNA N.: IN THE COURT OF COMMON PLEAS OF PARTHEMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0. 01-4017 CIVIL TERM MICHAEL E. GARMAN and HARRY GROSSMAN, Co-Partners, t/d/b/a NORTHERN CONSTRUCTION ASSOCIATES, CIVIL ACTION - LAW Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued with prejudice. /// /j Date: /~` "~`o STONE, LaFAVER AND SHEKLETSKI By:. m~~ +~ Gerald J. Shekletski, Esquire Attorneys for Plaintiffs ~1 ,, c --- ca m ~ °I =- ~ `r r~1 __ ca.-: -(: ~ - k~ =a AS 3f .