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HomeMy WebLinkAbout10-12101b COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. fU - /a /D L41 yl I 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 referenced below. 7 IN MARK MARTIN V8 This block will be signed ONLY when this notation is required under Pa. If appellant was lavmant ( Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Ja ' , A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. SOW- o/P-N-d wy-Dep* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon LINDA K- FRTT7 appellee(s), to file a complaint in this appeal Name or amellee(s) (Common Pleas No. & - /? ? & if J within twenty (20) days after of rule or suffer entry of judgment of non pros. ofsppe0an1oraWfnsy orageW RULE: To LINDA K. FRITZ , appellee(s) Name of appeMee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. 1 Date: ?'? , 20 \ )04 If-I s olProft-ftiy-DepW YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of official before whom a/bdevit was made Signature ofa/riant rifle of official My commission expires on 20 C-) - n, M - Gv i C: (5 M 1 -3N V ?MONWEALTH OF PENNSYLVANIA VTY 17F: %:UJ&DJ5K1sAWM Dist. No.: , 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST , PA Telephone: (7 17 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS } rFRITZ, LINDA K. 324 CASCADE ROAD t MECHANICSBURG, PA 17055 L J vs. DEFENDANT: NAME and ADDRESS rTDHI SERVICES 913 WAKEFIELD AVE MECHANICSBURG, PA 17055 TDHI SERVICES L J 913 WAKEFIELD AVE Docket No.: CV- 0000483 - 09 MECHANICSBURG, PA 17055 Date Filed: 12/18/09 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Date of Judgment) Judgment:... ( Judgment was entered for: (Name) FRITZ, LINDA K. ® Judgment was entered against: (Name) TDHI SERVICES still 1 19 . in the amount of $ , F] Defendants are jointly and severally liable. Damages will be assessed on Date & Time ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs $ 1,600.00 $ 119.50 Interest on Judgment $ 06 Attorney Fees $ - Total $ 1,719.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST My commission-expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 2/01/10 11:52:00 AM 2/01/10 F rt1 Er LA ?SL E P rk C3 en OIL 30 N O i- is _.. )"o r l =« E i ie i I r3 r^9 T ,.:I F stare & Fees °"v (3 )t. Nc ; p B rNc SUET Y? ---- ..------------------------ O°°-------- (?O?.Y\ 1 l!J ? ?O Reverse for Ins? 2006 a^¦Nt•??[c-1-'l r[•fi'?Y-nt ?u?Ilcty[?!-7•rr=[?t•fa4u7ar•?•tad? r? i i t i on v sit our webs te a wwwuspc For delivery Informat MENWI PA !?95 co $ 44 0013 Postage Certified Fee I- _,I O? O Return Receipt Fee O (Endorsement Required) 7 C3 Restricted Delivery Fee (Endorsement Required) 4Q• ?O`Q Total Postage & Fees S : . Sent To °- won,K Y1?? ------------------------ -------------------------' p Street, Apt. N C3 or or PO PO ( C `- U _ Box No. . (? -- - ----------------- City, Rate, LP_ +4_ L\k WiMJ `it t O PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served L7 a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) ,/ 7-'- , 20 ry ? by personal service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) lr a.? K ,iL?-c T 2! on 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME t /' + 20 !'C ' '?? ? A F , ? . • r • Y O THIS D nature f affiant - t was made ?7lrr - rn f11 =7 C C', W J Title of official u z3b D My commission expires on 20 OOMMONWEAL C k.0 5 H OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq. Notary Public Auebaiard CMq ,. oaaoipion 2011 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LINDA K 'RITZ 324 CASCADE RD TAECHANICSBURG PA 17055 A. Sf t re B. R Wed by (Printed Name) D. Is delivery ad O* If YES, ent ? 2 Q Z rn ';. y 3. Service ire ?i Certified 1 ? Mail ? Registered Return Receipt for Merchandise ? Insured Mail ? G.O.D. 4. Restricted Delivery? (Ext?a Fee) ? Yes ? Agent U C.. Da of De'very CT c7r ,??•^ r2 1? ? Yes 1 No 2. Article Number (rrensfer from service la ?009 1410 000n 118 9 9 419 Domestic Return Receipt 102595-02-M-1540 PS Form 3811, February 2004 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1 le Addressed to: A. Signature X B. Received by (Printed Name) -- L Gc?-rtc-" D. Is delivery address different frc If YES, enter delivery address ? Agent HON MARK MARTIN 507 N YORK ST M -C`?ANICS'E3URG, PA 17055 C. Date of Delivery J jf z010 3. Service Type XCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Article Number ? Yes frransferfrom ,e„tk,* 7 0 0 9 1410 0000 1189 9426 PS Form 3811, February 2004 ---- Domestic Return Receipt 102565.02-M-1540 TFE F'"! 2 i? aF 15 l; b Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff Linda K. Fritz CUN" i f [ LINDA K. FRITZ, V. COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TDHI SERVICES, TD HOME IMPROVEMENTS, and DAVID BLACKBURN, individually and trading and doing business as TDHI SERVICES and TD HOME IMPROVEMENTS, Defendants : NO. 2010 - 1210 CIVIL TERM : CIVIL ACTION -LAW NOTICE 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 a 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 Complaint 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 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Attorneys for Plaintiff Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID #47077 Attorneys for Plaintiff Linda K. Fritz LINDA K. FRITZ, V. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 -1210 CIVIL TERM TDHI SERVICES, TD HOME IMPROVEMENTS, and DAVID BLACKBURN, individually and trading and doing business as TDHI SERVICES and TD HOME IMPROVEMENTS, Defendants CIVIL ACTION - LAW COMPLAINT Plaintiff Linda K. Fritz, by her attorneys, Snelbaker & Brenneman, P. C., submits this Complaint and in support thereof states the following: Background. 1. Plaintiff Linda K. Fritz is an adult individual residing at 324 Cascade Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant David Blackburn is an adult individual with a business address of 913 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Wakefield Avenue, Mechanicsburg, Pennsylvania, 17055. 3. Defendant David Blackburn trades and does business under the fictitious name of TD Home Improvements. 4. Defendant David Blackburn purports to hold himself out and do business under the unregistered fictitious name of TDHI Services. 5. Plaintiff is the owner of a parcel of land improved with a residential dwelling in which she resides located at 324 Cascade Road, Mechanicsburg, Pennsylvania (the "Property"). 6. On or about February 3, 2008 Plaintiff and David Blackburn, individually or trading and doing business as TD Home Improvements or trading and doing business as TDHI Services (the foregoing individual and entities collectively called "Defendant") entered into a contract (the "contract") whereby Defendant agreed to perform certain improvements and renovations to the residence owned by Plaintiff on the Property. A true and correct copy of the aforementioned contract is attached hereto and incorporated by reference herein as "Exhibit A". 7. In June, 2009 Defendant purportedly completed construction of the work undertaken by him under the contract. 8. Plaintiff has paid Defendant all sums required to be paid by her under the contract. COUNTI Breach of Implied Warranty. 9. The averments of paragraphs 1 through 8, above, are incorporated by reference herein. 10. Defendant, as a builder-vendor, impliedly warranted the work constructed and undertaken by Defendant for Plaintiff under the contract would be undertaken in a reasonably workmanlike manner and that the residence, once modified and completed, would be fit for habitation as a residential dwelling. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2 11. Subsequent to the completion of the work by Defendant, the following defects and deficiencies arose or were discovered and confirmed by Plaintiff with respect to the work performed by Defendant: a. the gable facia installed by Defendant is coming off; b. the patio columns installed by Defendant were not properly attached; C. the bathroom sink installed by Defendant was inadequately supported; d. the installation of flooring resulted in uneven and hazardous transitions between floor areas; the plumbing relating to the shower in the utility room installed by Defendant is leaking and causing mold; f. the shower door was improperly installed and out of line; g. Defendant installed inadequate pipe support and venting in the basement for the upstairs tub drain; h. Defendant failed to install shoe molding; i. Defendant improperly installed the kitchen floor surface resulting in the formation of multiple bubbles and ridges on the floor on or about areas where seams exist; the exterior siding was improperly installed in that is buckled and detaching from the structure allowing water infiltration and damage; k. the fan installed in the bathroom is not properly vented; 1. Defendant failed to perform his work under the contract in accordance with applicable codes; m. nail holes were not filled before painting and nails/nail holes are showing; n. painting was incomplete, uneven and hinges, switch plates and door hardware were painted over; o. Defendant damaged a bedroom doorframe; LAW OFFICES SNELBAKER & p. a new wall cupboard was installed too high and a wall outlet installed too BRENNEMAN, P.C. close to cupboard; q. the doorway between the kitchen and utility room is not even; and r. Defendant installed a sliding glass door that opened on the opposite side than specifications called for. 12. Due to the existence of the deficiencies and defects noted in paragraph 11, above, the work performed by Defendant has not been performed and constructed in a reasonably workmanlike manner and the residence, or portions of it, are not fit for habitation as a residential dwelling. 13. By reason of the defects and deficiencies noted in paragraph 11, above, Plaintiff is required to expend substantial sums well in excess of $5,000.00 in order to address and remedy same. WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of $50,000, together with interests and costs of this action. COUNT II Breach of Contract. 14. The averments of paragraphs 1 through 13, above, of this Complaint are incorporated by reference herein. 15. Pursuant to the terms of the contract, Defendant specifically represented that "all workmanship shall be first class" and "all workmanship shall produce level, straight, plum and true conditions". 16. Defendant undertook to perform remodeling and repair of the Property for Plaintiff pursuant to and in accordance with the terms and conditions of the contract. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 17. Defendant materially breached the contract with respect to his obligation that all workmanship shall be first class for the reasons set forth in paragraph 11, above, the averments of which are incorporated by reference herein. 18. Plaintiff materially breached the contract with Plaintiff with respect to workmanship being straight, plum and with true conditions in installing the shower door out of line. 19. As a direct and proximate result of Defendant's breach of the contract averred in paragraphs 17 and 18, above, Plaintiff has been damaged and required to expend sums well in excess of $5,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of $50,000, together with interests and costs of this action. COUNT III Breach of Express Warranty. 20. The averments of paragraphs 1 through 19, above, of this Complaint are incorporated by reference herein. 21. Commencing June 8, 2009 Defendant provided an express warranty with respect to his work, which warranty was applicable for a one-year period. The construction completion form signed by the parties in June 2009 noting the terms of the express warranty is attached hereto and incorporated by reference herein as "Exhibit B". 22. It is the parties' understanding and belief that the warranty given by Defendant to Plaintiff applied to defects in his workmanship and materials pertaining to the repair and LAW OFFICES SNELBAKER a renovation associated with Plaintiffs residence. BRENNEMAN, P.C. 23. In spite of the conditions and defects set forth in paragraph 11, above, the averments of which paragraph are incorporated herein, Defendant has failed to remedy the defects in workmanship and/or materials described in this Complaint. 24. As a direct and proximate result of Defendant's breach of warranty, Plaintiff has suffered damages in an amount well in excess of $5,000.00. WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in excess of $50,000, together with interests and costs of this action. COUNT IV Negligence. 25. The averments of paragraphs 1 through 24, above, of this Complaint are incorporated by reference herein. 26. For the reasons described in paragraph 11, above, the averments of which are incorporated by reference herein, Defendant was negligent, carelessness and recklessness in the matters associated with his repair and renovation of Plaintiffs residence. 27. As a direct, approximate and factual result of the negligence, carelessness and recklessness of Defendant, Plaintiff has been caused to sustain losses, damages and expenses well in excess of $5,000.00. LAW OFFICES SNELBAKER & BRENNEMAN,P.C. 6 WHEREFORE, Plaintiff demands judgment against Defendant in an amount not in LAW OFFICES SNELBAKER & BRENNEMAN, P.C. excess of $50,000, together with interests and costs of this action. By: Date: March 15, 2010 SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Linda K. Fritz 7 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ;Ld iK Fri tz Date: March 15, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 9 YElI?TS -A 90 Servicing Ce -drill PA for over 15 Yc=am Fk= UM U"-3 - F8I I71711MM En& TO Y2??aho0.= February 3, 2008 Proposal submitted to: Linda K. Fritz 324 Cascade Rd. Mechanicsburg, PA 17055 Dear Linda, We propose to do the specified work set out in the Work write up and specifications Housing Rehabilitation Program Contract: PHFA NINE CC 324 Cascade Road Mechanicsburg, PA 17055 For your consideration: We propose to furnish the materials and perform the labor necessary for completion of project - PHFA NINE CC Lump Sum Total 25 047.00 Written in bid: Twenty five thousand forty seven dollars and no cents Acc tance of ro sal Please call: (717) 576-8953 to schedule start time uvon acceptance Respectfully submitted, David Blackburn -Owner EXHIBIT A CONTRACT PHFA NINE CC Location: 324 Cascade Road Mechanicsburg, PA Property Owner: Linda Fritz Inspected By: William C. Varner GENERAL CONDITIONS A. The following specifications together with the work write-up containing a schedule of work items listed for each room and/or area that make up the complete job that is to be bid on. The contractors shall base their estimates only on work to be done as listed herein and/or as shown on drawings and shall assume all related responsibilities regarding coordination of and adjustment to surrounding work during the normal process of performing improvements and repairs. B. The submission of bids shall be evidence of the Contractor having acquainted himself with the job site and his willingness to conform to all applicable codes and project requirements without additional compensation. The Contractor shall submit his proposal/bid on his company forms and his bid shall be for all work listed in the work write-up. C. All materials shall be new. All materials used shall be exactly as those specified, in regard to color, weight, grade, or rating. All materials shall be installed as per manufacturer's specifications and shall conform with all applicable codes. The contractor's proposal will identify brand and model of materials not specifically specified in the Work Write-Up D. All workmanship shall be first class, and installation methods shall be in conformity with all applicable codes. All workmanship shall produce level, straight, plumb and true conditions. .3 E. The Contractor shall furnish all labor, materials and equipment necessary for the performance and completion of all work authorized by these contracts. The Contractor shall supply any protective equipment (such as tarps and ground cloths) necessary to protect property and the work of all trades against damage or injury caused by his activity. F. The Contractor shall be responsible for the removal and disposal of all waste or debris generated on the job site. All used rags, paint containers and any miscellaneous items used in the application of flammable materials shall be disposed of in a safe manner so as to avoid the danger of fire or personal injury. G. There shall be no extras allowed the Contractor unless written notice of the claim is submitted and approved by the homeowner, lending institution and the CUMBERLAND COUNTY REDEVELOPMENT AUTHORITY' Contracting Officer. H. Upon completion of the work, acceptance will be based on a Final Inspection approval from the Contracting Officer. CONTRACT PHFA NINE CC II. Work Write-Up and Specifications A. Exterior 1. Remove the remaining aluminum fascia from the west end of the house. Replace the rotted wood fascia and seal the new wood. Cover the entire fascia at the west end with white or matching aluminum fascia. 2. Install temporary support under the roof of the screened in patio at the rear of the house. Remove the screened wall around the patio. 3. Install a double 2" x 4" support header under the existing front edge of the patio roof and cover with formed aluminum. Install two extruded aluminum corner posts and two extruded aluminum intermediate posts. 4. Install a concrete ramp from the new level of the proposed closed in carport to the patio. 5. Install temporary support under the front edge of the carport. Remove the bowed front corner post and replace with a 6" x 6" post. 6. Remove the shed at the rear of the carport. Close the carport in at the front, rear and side to create one large room. The floor is to be elevated to the same height as the existing house floor with framing lumber. Floor joists are to be 16" o.c. covered with'/4" plywood underlayment and vinyl sheet flooring. Walls are to be of 2" x 6" studs 16" o.c. with top and bottom plates with sheathing Oon the exterior covered with vinyl horizontal siding. A new six foot (6') insulated glass by-passing patio door as chosen by the owner is to be installed in the front wall. The interior casing is to be ranch style. Installation is to include a lockset. One window is to be installed along the side. Window is to match the existing kitchen window. Install ranch style casing and window stool SEE DRAWING. 7. The floor, and walls are to be insulated with R-19 fiberglass insulation. The ceiling is to be insulated to R-38. 8. The walls and ceiling are to be covered with half inch drywall finished to manufacturer's specifications. The ceiling is to be installed over existing. 9. Seal all new drywall and paint walls and ceiling with two coats of semi-gloss wall paint. 10. Install 3 ''/z" ranch style baseboard at open wall areas. Seal and paint one coat of semi-gloss enamel: I 11. Install three receptacles on each sidewall and two on the rear wall on a dedicated circuit. 12. Install two receptacles on the front wall on a dedicated circuit. 13. Install a refrigerator receptacle on a dedicated circuit. 14. Install a freezer receptacle on a dedicated circuit. 15. Install a washer receptacle on a dedicated circuit. 16. Install a 220 volt dryer receptacle. 17. Install a globed ceiling light above laundry area. 18. Install a five blade, three speed, reversible ceiling fan with light controlled by two 3-way switches. 19. Construct a 2" x 4" wall covered with drywall to contain plumbing for the washer. Install plumbing for a washer. Water supplies are to be half inch PVC connected to an in wall washing machine box. Drain is to be two inch PVC extended from the existing in the basement. SEE DRAWING 20. Install a laundry tub, complete with supplies, drain and faucet where shown on the drawing. 21. Install a dryer vent to the outside. 22. Remove the existing rear door and frame. Install a new pre-hung, 36", insulated, steel door with a Schlagge F51 V ACC 505 lever handle lockset and a matching deadbolt lock, keyed alike. Install a concrete ramp from this door to the rear patio. See drawing. 23. Extend the existing hot water baseboard heat to the new closed in carport. Line the entire north wall and open section on the south wall. 24. Remove the large tree at the front of the carport. The tree is to be cut down as close to the ground as possible. 25. Build a closet in the northwest corner of the new room. The inside measurement of the closet is to be 6' 6" long by 3' deep. The door is to be a 5' hollow core, flush type, bi-fold. 3' of the closet is to have an upper and lower closet rod and shelf. The remaining is to have 1/4" good one side plywood shelving as shown on drawing detail. 26. Install a 36" x 60" x 72" four piece shower where shown on the drawing. Shower to be Aqua Glass, Sterling model 5905-595-G52. Installation to include half inch copper supplies, drain and permanently fixed single lever shower faucet and shower head with a portable hand held shower with a six foot flexible line. Installation to include heavy duty bypassing shower door enclosure. 27. Build shower end wall as needed. 28. Bring the freezer, washer and dryer up from the basement and install in the new room. 29. Install a flood type light with motion detector at the two front corners of the house. 30. Repave the driveway at the top half. 31. Install a concrete pad and ramp to the new patio door as shown on drawing. Concrete to be 4000 pound mix, floated and steel trowelled with a light broom finish. B. Interior 1. Kitchen a. Remove the top layer of kitchen flooring and underlayment. Install new plywood underlayment over the entire floor area and cover with vinyl floor tile. Install pre-finished molding around the perimeter. b. Paint walls, ceiling and woodwork two coats of semi-gloss enamel. c. Replace the countertop receptacles with new GFCI receptacles. 2. Bathroom a. Remove the existing tub, toilet and lavatory. Remove the ceramic tile from the walls b. Remove the floor down to the floor joists and install V plywood underlayment. Cover with vinyl sheet flooring. c. Cover walls with 3/8" drywall from floor to ceiling. Finish according to manufacturer's specifications. d. Install new high, handicapped toilet with new seat, wall hung lavatory and three piece tub/shower unit. Install new glass, bypassing shower door enclosure. Installation of toilet and lavatory is to include new supply lines with stops. e. Install new Moen or equal single lever lavatory faucet with pop-up drain, new tailpiece, PVC trap and waste. f. Install new Moen, or equal single lever tub filler and shower fittings with tub Waste and overflow. Install a portable hand held shower as per the other new shower. 6'6" -- 1 Coated Wire Rod And Shelf 15" 2' Shelves to be " 3' DeeD JI 15" 15" I I 5' 15" CLOSET DETAIL 324 CASCADE ROAD Top Shelf 2' Deep Fax "f rom 81-25-18 17:41 Pg : 11 t?. U 0 a w 0 4 G U M _w ?s xm $ a a? ?c s ?i ?mx • TOTAL P.011 • Fax from 01-25-10 17:39 Pg: 2 Fomift ,1 1 0b Receiv"I'du?Q?' ??h lt? 8vot : PHFA KEYSTONE RENOVATE AND REPAIR PROGRAM JUN 12 28M Construction Cum lA etion Form Homeownership Programs 13y signing and dating this form I am agreeing that all renovation and repair work specified in the work contract, specifically the paving work and a few warranty items as were specified, has been completed satisfactorily and any final payments due to the contractor upon work completion should be released. I3omeowner(s): L I 1,j 6 ,?l_ / 1;7R / -r Z Contractor: -rD N I The start of the one year warranty period provided by the contractor is from June 8 2009 - - - --- - - - -- - ..? .. -- - - - -- Month Day Year It is the homeowners' responsibility to initiate requests for warranty work and the contractor's responsibility to follow up on these requests, and perform the warranty work if the issues are with covered items, in a timely, professional manner. Contractor Contact Information: Namc: David Blackburn of TDI-II Phone Number: 512-7995 or 576-8953 Email: Tdhi_22(yahoo,com Business Address (riot P.O. Box): 913 Wakefield Ave. Mechanicsburg, PA 17055 Borrower: Fritz Linda (Last Name) (First Name) (Mr) Co-Borrower; (Last Name) (First Name) (M1) pr22g1y Address: Street: 324 Cascade St. City: Mechanicsburg Zip 17055 Count Cumberland .` AMS Number: 1677517 The original of this signed and dated form should be faxed by David Blackburn to the attention of Scott Mayberry at Member's First Credit Union, fax number 717-79_5-6037. The original should then be mailed by David Blackburn to Marisa Weaver Perwsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17101 Marisa will mail a copy of this original to David Blackburn, Cumberland County Redevelopment Authority, and Linda Fritz. EXHIBIT B Fax 6f rom l'iV wy.uu+e neuuvwe c. J%VyWI LAWI; ?tjI:Ll1 -Foim• 4Alob-FS%Z 01-Z5-1e 17:39 Pg : 3 / 0 Fublishc.12i2OO9 Number of PvS&w 1 PAPA -MLUONL RENOVAU AND REPAIR lROGRAM C'-ongfti ctioe Comoleyt on Form - FRTTZ By signing and dating this form I am agreeing that all renovation and repair work specified in the work contract, other th= 2avinz work, bw been complcW 8xtisPactorily and any finial payments due to the contractor upon work completion should be released. (I.et it be noted hf?y? *?'''' f ro c?t+v for t11c ?avyn + werk are i?einst retained in escrow until the weather is consistently. in gig sling of 2000-1 Hotneowne Contractor The start of the one year warranty period provided by the contractor is from Pebruary 18 2009 (Month Day Year) It is the homeowners, responsibility to initiate requests for warranty work and ft contractor's mponsibility to follow up on these requests, and perform the warranty work if the issues arc: with covcrc:d items, in a tamely, professional marmcr. Contractor Contact Information: Nancte: David 131ac:kbuan ofTDHI Phone Number- _512-7998 or 576-8953 Email: Tdhi_22@)yahoo.com Bussixms Addre, (not P.O. Box): 913 Wakefield Ave. Mechaaaicsburg 17055 %rrower Fritz (Iast Name) Ccs-Bdrrower• (Last Nslmc) Linda (First Name) (M!) (First Name) (Ml) lsrc+r, my Addre>4s: Street- 324 Caaoade St. City: Mcchanicsbumg Zip _17055 County: _Cumbcrland LSAMS Number.- 1677517 The original of this eagncd and dated form should be faxed by David Blackburn to the Attention elf Scott Mavberrv at Member x First Credit Union, fax number 717.795.6037. The origlard should then be mailed by David Blackburn to Roberta Schwalm ftunsylvania Aouleing Finance Agency 211 North Front Stcet Aarriaburg, PA 17101 Roberta will mail a copy of this original to David Mackburn, Cumberlaad County Redevelopment Authority, amd Linda Fritz TOTAL P.002 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 By: Date: March 15, 2010 SNELBAKER & BRENNEMAN, P. C. I&/A--" Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Linda K. Fritz LAW OFFICES SNELSAKER & BRENNEMAN, P.C. OF Cu David D. Buell z 4. ,10 474.e. Renee X Simpson Prothonotary , p 1st Deputy Prothonotary 0 , -=- 7 z irks. Sofionage, ESQ .A,*4,-- Irene E. Morrow Solicitor „50 2"i Deputy Prothonotary Office of the Prothonotary CumbertanciCounty, (Pennsylvania /0 /0,_10 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, TA 17013 • (717)240-6195 • Fa.,(717)240-6573