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HomeMy WebLinkAbout11-8139OCT-25-2014 p 1.48 PM ABRAHAM LA'x' OFF*C-=S 71758393;7706 P.02 ABRAHAM LAW gEEICI~ S. LLl 48 est Main &rat. Hummelstown. PA 17036 (717) $66-9380., Fax 566-9385 E-mail: abelawAg9meast.net - 7 Attorney Fob Plaintiff, LaPorte PO' t Jnc. .....E _.., ? ?.? f a ?J' C. ... `ii:. Ey} ors l G. L![ i yI LAPORTE PAINTING. INC. : IN THE COU?`TrFyl N PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ?- x'13 t Ci lei V. :NO. CONSTRUCTION SERVICES UNLIMITED, INC. : CIVIL ACTION - LAW Defendant 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 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ® y?, AO* * qp coo 'd a 1 C11 &87IPA Lai d(OLIqls LAPORTE PAINTING, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CONSTRUCTION SERVICES : CIVIL ACTION - LAW UNLIMITED, INC. Defendant : COMPLAINT AND NOW, comes Plaintiff, Laporte Painting, Inc., by and through its attorney, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown, Pennsylvania, and files the following: COUNT I - BREACH OF CONTACT 1. Plaintiff, LaPorte Painting, Inc. (hereinafter "LaPorte") is a Pennsylvania corporation with its main office located at 951 Peiffers Lane, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. Defendant Construction Services Limited, Inc. is a Pennsylvania corporation whose principal office is located at 110 Third Street, Suite 100, New Cumberland, Pennsylvania, engaged in the construction business as a general contractor. 3. Defendant, as a general contractor entered into a contract with Plaintiff, as a sub-contractor, for Plaintiff to provide painting materials, labor and services on behalf of Defendant at Immaculata University in Immaculata, Pennsylvania (hereinafter "the Property") from July 1, 2009 through October 31, 2009. A true and correct copy of the contract is attached hereto as Exhibit "A". 4. Plaintiff performed and provided painting materials, labor and services at the Property which totaled the amount of $11,360.00. 5. Plaintiff submitted a detailed invoice as to the materials, labor and services provided by Plaintiff at the Property to Defendant for payment of the amount due, however, Plaintiff and Defendant has not made any payments. A true and correct copy of the invoice is attached hereto as Exhibit "B". 6. Defendant is in breach of the contract with Plaintiff and/or contract to pay Plaintiff for the painting, material, labor and services provided by Plaintiff at the Property. 7. At all relevant times hereto, Plaintiff was in full compliance with the parties' contract to provide painting materials, labor and services to the Property and provided said materials, labor and services in a proper and workmanlike manner and in full accordance with industry standards 8. Defendant has benefited financially and otherwise from the painting materials, labor and services provided by Plaintiff at the Property. 9. Despite numerous attempts to resolve the outstanding amount due to Plaintiff without proceeding with litigation, Defendant has failed to pay the aforesaid outstanding balance due and/or have failed to pay said amount in full. WHEREFORE, Plaintiff requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of $11,360.00 in compensatory damages, with continuing interest thereon, as well as $2,500.00 in attorney fees and costs, which fees and costs are continuing. COUNT II - QUANTUM MERIT 10. Plaintiff incorporates herein by reference paragraphs 1 through 9. 11. As a result of the labor, materials and services performed and provided by Plaintiff, Defendant has been unjustly enriched and has financially and economically benefited therefrom, and Defendant is thereby liable to Plaintiff for the outstanding balance due to Plaintiff in the amount of $11,360.00. WHEREFORE, Plaintiff requests Your Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of $11,360.00 in compensatory damages, with continuing interest thereon, as well as $2,500.00 in attorney fees and costs, which fees and costs are continuing. Respectfully submitte James W. Abraham, Esquire Abraham Law Offices, LLC 45 East Main Street Harrisburg, PA 17101 (717) 566-9380 Attorney for Plaintiff, LaPorte Painting, Inc. DATE: 10/25/11 VERIFICATION I, Vincent J. LaPorte, Sr. , the undersigned, hereby verify and confirm that the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: jO --12- - / Vincent J. LaPorte, Sr. EXHIBIT "A" Construction Services Unlimited, LLC Equal Employment Opportunity Contractor SUBCONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 1'* day of July, 2009 Between the Contractor: CONSTRUCTION SERVICES UNLIMITED, LLC, (herein refined to as the scoNTRAcTOR-), 110 Third Street, Suite 100 PO Box 349 New Cumberland, PA 17070-0349 717-774-2084 (Phone) 717-7742876 (Fax) and the Subcontractor: (hereinafter referred to as -SU9coNTR4cToR7: LaPorte Pabdrig, Inc. 951 PoWers Lane Haerieburg, PA 17109 (717) 724.0759 (Phone) RECITALS On or about the tat day of July, 2009, CONTRACTOR entered into a prime contract with, Immaculate Univ mky (hereinafter calved OWNER), whose address is: 1145 King Road, Immaculete PA 19345 to perform the following work: NaureM Dining HaN Rwwvadon said work is to be performed in accordance with the Prime Contract and plans and specifications. Said plans and specifications have been prepared by or on behalf of STV Architects, Inc, Douglassville, PA SECTION 1 - ENTIRE CONTRACT §1.1 SUBCONTRACT DOCUMENTATION 1.1.1 SUBCONTRACTOR certifies and agrees that he is fully familiar with all of the terms, conditions and obligations of the Contract Documents, as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed, and that he enters into this Agreement based upon his investigation of all of such matters and is in no way relying upon any opinions or representations of the CONTRACTOR. 1.1.2 It is agreed that this Agreement represents the entire agreement. It is further agreed that the Contract Documents are incorporated in this Agreement by this reference, with the same force and effect as If the same were set forth at length herein, and that SUBCONTRACTOR and his Subcontractors will be and are bound by any and all of said Conb" Documents insofar as any part or in any way, directly or indirectly, to the work covered by this Agreemenrelate t. in art 1.1.3 SUBCONTRACTOR agrees to be bound to CONTRACTOR in the same manner and to C«h8atA0Mwnent Na m*M DkWQ Hall Rwwv&Wn the same extent as CONTRACTOR is bound to owner under the Contract Documents to the extent of the work provided for In this Agreement, and that is where, in the Contract Documents, reference is made to CONTRACTOR and the work or specifications therein pertains to SUBCONTRACTOR'S trade, craft or type of wait then such work or specification shall be interpreted to apply to SUBCONTRACTOR instead of CONTRACTOR. The phrase "Contract Documents" is defined to mean and include all documents enumerated in Exhibit One attached hereto. Where a provision of such documents is inconsistent with a provision of this agreement, this agreement shall govern. 1.1.4 This Subcontract Document shall not be construed as an agreement between any persons or entities other than the CONTRACTOR and the SUBCONTRACTOR. §1.2 CHANGES TO THE SUBCONTRACT DOCUMENTATION 1.2.1 Changes may be made to the contracted scope of work by: (1) Request by the Owner, (2) Unforeseen condition of project site. The Contract Documents may only be amended or modified by a Change Order Modification to the Contract. 1.2.2 The CONTRACTOR, upon receiving a change modification from the Owner subsequent to the execution of this Subcontract Agreement, shad promptly nobly the SUBCONTRACTOR of the c hm" to the work. Unless otherwise instructed, the SUBCONTRACTOR shall not then order materials or perform work which would be inconsistent with the changes in the work. 1.2.3 In the event of unforeseen conditions requiting alterations and/or unforeseen changes to the scope of work, SUBCONTRACTOR may submit in writing to the CONTRACTOR proposed scope, material, labor, extensions of time and respective cost of such for approval by CONTRACTOR. Documentation of such a change must be submitted in a timely manner to and approved by the CONTRACTOR before SUBCONTRACTOR continuation with the work. Failure of the SUBCONTRACTOR to mice a timely submission of proposed modifications could result in denial of payment from the CONTRACTOR. SECTION 2 - SCOPE OF WORK §2.1 SUBCONTRACTOR'S SCOPE OF WORK 2.1.1 The SUBCONTRACTOR agrees to furnish all permits, licenses, supervision, labor, services, methods, materials, irr?llartion, supplies, equipment, tools, insurance, taxes and other faadties of every kind and description required for the prompt and efficient execution of the work described herein and to perform the work necessary or incidental to complete spec section 09900, painting, furnish and install of wall mural as per G-002, A- 101, A-102, A-103 and A-104 dated June 15, 2009. (Exhibit A) §2.2 PERMITS, FEES, LAWS AND NOTICES 2.2.1 Unless otherwise stated, Subcontractor agrees to give notice to and comply with taws, ordinances, rules, regulations and orders of pubic authorities governing the performance and work of this Subcontract. The Subcontractor agrees to secure and pay all for permits and government fees, licenses and inspections necessary for proper execution and completion of the work of this contract Contract Agreement Nazwe& Dkft Ho Renovation 2 §2.3 RESPONSIBILITIES OF THE CONTRACTOR 2.3.1 The CONTRACTOR shall coordinate with the SUBCONTRACTOR all scheduling related to this work to avoid conflicts or interference with the SUBCONTRACTOR'S work. CONTRACTOR shall expedite in a timely manner all written responses to submittals, constriction schedules and/or any changes thereto to enable SUBCONTRACTOR to plan and perform the SUBCONTRACTOR'S work. 2.3.2 Unless otherwise stated, the CONTRACTOR shall provide suitable locations for storage of the SUBCONTRACTOR'S materials and equipment for the duration of the work. 2.3.3 As required by law, prior to exposure, the CONTRACTOR shall alert the SUBCONTRACTOR to any hazardous subaWmes and supply SUBCONTRACTOR with written notice of chemical composition thereof in sufficient detail and with sufficent time to permit the SUBCONTRACTOR'S compliance with such laws. 2.3.4 The CONTRACTOR shall not give orders or instructions directly to the SUBCONTRACTOR'S sub-subcontractors, or material suppliers unless such persons are designated as authorized representatives of the SUBCONTRACTOR. 2.3.5 Unless otherwise stated, the CONTRACTOR shall be considered the OWNER'S represetttal and solely shall communicate directly with the OWNER of this project and forward to the SUBCONTRACTOR in a timely manner any relevant information pertaining to the project including changes to the work, or changes to the construction schedule. §2.4 RESPONSIBILITIES OF THE SUBCONTRACTOR 2.4.1 The SUBCONTRACTOR shall supervise, direct, and coordinate the work of the SUBCONTRACTOR'S staff. SUBCONTRACTOR shall coordinate and cooperate with the CONTRACTOR to avoid any conflict, delay, or interference with the work of the CONTRACTOR or other Subcontractors. 2.4.2 The SUBCONTRACTOR shall familiarize itself with the CONTRACTOR'S schedule for the work. Within (7) days of receiving award of a subcontract from the CONTRACTOR, the SUBCONTRACTOR shall submit to the CONTRACTOR its proposed schedule for Performing the work for approval by the CONTRACTOR. The SUBCONTRACTOR'S proposed schedule shall, among other things demonstrate the foNowing: a) How work shah be performed and competed within the overall schedule of the CONTRACTOR b) The time required to prepare and approve shop drawings C) The time required to fabricate and deliver materials and equipment d) The time required to install the work e) The number of employees, supervisors, crews, sub-subcontractors, etc. who will perform the work - Numbers supplied in a `weekly basis' format SUBCONTRACTOR shall also within (7) days of receiving award of Subcontract, furnish to the CONTRACTOR a list of all major materials and equipment required for its work, including expected delivery dates to the project site. In agreeing to complete the work by Contract AWewn& : Nazareth Dining Mall Renovation 3 the agreed date of completing, Subcontractor has taken into consideration and made allowance for ordinary delays, and hindrances incident to such work, whether growing out of delays of common carriers, delays in securing material or workers, changes, omissions, alterations, or otherwise. 2.4.3 SUBCONTRACTOR shall promptly submit all required and requested schedules, shop drawings, product data, samples and related submittals required by the Subcontract Documents so as to cause no delay the project and/or completion of the work. All such submittals must be submitted by the SUBCONTRACTOR in enough time to allow review by the CONTRACTOR and/or Architect (if required) for possible revisions and/or resubmission and to allow such revisions and/or resubmission to be rectified and resubmitted for approval. The SUBCONTRACTOR stall not be relieved of its obligation to perform its work in accordance with the Subcontract Documents as a result of any submittal approvals by the CONTRACTOR or Architect, nor shall the CONTRACTOR or Architect incur any liability for deviations, errors, omissions, or similar mistakes from or to the Subcontract Documents by virtue of any such approvals. The only permitted changes es to work shall be those changes approved by the aforementioned Change Charges to Saboon6act Documenfabion). 2.4.4 The SUBCONTRACTOR shah submit to the CONTRACTOR an inclusive Schedule of Values allocating various parts of the SUBCONTRACTOR'S work which has ultimately composed the SUBCONTRACTOR'S contracted amount herein agreed upon. SUBCONTRACTOR understands and agrees that this Schedule of Values shall form the basis of and be required for SUBCONTRACTOR'S Application for Payment. 2.4.5 SUBCONTRACTOR shall pay for all labor, materials, and equipment used to carry out SUBCONTRACTOR'S scope of worts. SUBCONTRACTOR shall take any and all necessary precautions to properly protect all existing conditions (unless otherwise stated), all completed work, and all work of other Subcontractors. 2.4.6 If the SUBCONTRACTOR fails, defaults, or neglects to complete the portion of work herein agreed upon, SUBCONTRACTOR shall receive written notice from CONTRACTOR of deficiencies. If SUBCONTRACTOR fails within (3) working days to commence remedy and continuation of worts, CONTRACTOR shall issue final notice of deficiency. If SUBCONTRACTOR falls to respond within (3) days following final notice of deficiency, CONTRACTOR may without prejudice to any other remedy, make good such deficiencies and may deduct the reasonable cost thereof from the payments then or thereafter due the SUBCONRACTOR. If the expense of compietirrg the work exceeds the unpaid balance of this Contract, the Subcontractor shall pay the difference to the Contractor. 2.4.7 The SUBCONTRACTOR shah take all reasonable safety precautions to perform and complete the work of this Subcontract and shah comply with all safety practices and measures Initiated by the CONTRACTOR. Practices and measures shall comply with all Federal, State and local safety laws, ordinances, rules, regulations, and other orders of public authorities. SUBCONTRACTOR shall report to the CONTRACTOR within (24) hours any injury to an employee or agent of the SUBCONTRACTOR which occurred on the site. SUBCONTRACTOR shah indemnify CONTRACTOR from all claims, regardless of the nature of the claim and who is at fault. SUBCONTRACTOR shah have insurance inducting but not Imbed to comprehensive general liability insurance that protects CONTRACTOR from all dairy for which the CONTRACTOR may or may not be claimed to be liable. Cwh" Agreement Nazwefh Dining FIN Res cow 4 SECTION 3 - SUBCONTRACT PRICE §3.1 SUBCONTRACT PRICE 3.1.1 CONTRACTOR agrees to pay SUBCONTRACTOR for the strict performance of his work, the sum oF. Twwdy Seven Thousand Dolma (:27,000.00) subject to additions and deductions for changes in the work as may be agreed upon, and to make payment in accordanoe with the Payment Schedule, (Section 4 - Payment Schedcde). The SUBCONTRACTOR shall, on his time and expense, submit to the CONTRACTOR a release of all mechanics and material Boons and manufacturer warranty and material information for all materials installed prior to final payment of the corhsideration set forth herein. SECTION 4 - PAYMENT SCHEDULE 4.1.1 CONTRACTOR agrees to pay SUBCONTRACTOR, in monthly progress payments, 90.00% of labor and materials which have been placed in position for the period covered by the application for payment and for which payment has been made by OWNER to CONTRACTOR. Ten Percent (10%) shall be retained by CONTRACTOR until he receives fetal payment from OWNER, but not less than (35) days after the entire work required by the Prime Contract has been fully completed in conformity with the Contract Documents and has been delivered and accepted by OWNER, Architect, and CONTRACTOR. 4.1.2 Subject to the provisions of the next sentence the retained percentage shall be paid to SUBCONTRACTOR promptly after CONTRACTOR receives his final payment from OWNER. SUBCONTRACTOR agrees to furnish, if and when required by CONTRACTOR, payroll aflidevim, receipts, vouchers, releases of daime for labor, material and subcontractors performing work or furnishing materials under this Agreement, all required operation and maintenance manuals, product data, record drawings and guarantees, all in form satisfactory to CONTRACTOR, and it is agreed that no Palms hereunder shy be made, except at CONTRACTOR'S option, until and unless such payroll affidavits, receipts, vouchers or releases or any or all of them, have been furnished. Any payment made hereunder prior to completion and acceptance of the whxk, as referred to above, shag not be construed as evidence of acceptance of any part of SUBCONTRACTOR'S work SUBCONTRACTOR shall furnish lien releases to CONTRACTOR for both SUBCONTRACTOR'S payments and sub-Subcontrector's payments. when requested, and payment may be conditioned on the furnishing of ion releases. 4.1.3 The SUBCONTRACTOR further represents and warrants upon submittal of an application for payment (invoice) to the CONTRACTOR that all work for which applications for payment have been previously submitted and payments received shall be free and dear of liens, claims, security Interests or encumbrances In favor of the SUBCONTRACTOR, subSubcontrardom, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the work The SUBCONTRACTOR further shag Mmde to the CONTRACTOR such pedal Non releases in a form to be provided by the CONTRACTOR, with each application for Payment for any persons providing any labor or materials to the project through the SUBCONTRACTOR for which payment is sought under an application for payment. Contract Agmwnw t W Wrath Mft " Rmwabon 5 SUBCONTRACTOR shall submit all invoices to Construction Services Unlimited, LLC on the 25TH day of each month complete through the LAST day of that month. Those invoices received after the 2e day of the month wit be conakdersd part of the folwaft months Invoice. A cwWlrAte of Workers Comrupemmsation In wane slaty be 0*40red to the CONTRACTOR prior to the and invoke of the CONTRACTOR nay wNhhold a percentage to cover the labor costs. Any Invokes received after 90 days 11oNowing completion of contract will not be paid. SECTION 5 - DATE OF COMMENCEMENT and SUBSTANTIAL COMPLETION 5.1.1 Date of Commencement for this project is: July 1, 2009 5.1.2 Date of Substantial Completion for this project is: July 30, 2009 or (30) days from cornmencement. 5.1.3 In accordance with Section 1.2.3, no extension of time will be valid without the CONTRACTOR'S written consent after timely claim has been made by SUBCONTRACTOR. SECTION 6 - CERTIFICATES OF INSURANCE 6.1.1 Return with your subcontract a certificate of insurance. This certitcwte must be project specific. Certificate must contain a blanket additional insured and waiver of subrogation to general liability, auto and umbrella in respect to work perlba n d by insured. It is the subcontractor's responsibility to maintain a current certificate of Insurance with Construction Services Unlimited, LLC at all times. SUBCONTRACTOR's insurance shall Include, but not limited to comprehensive general liability insurance that protects CONTRACTOR from all the claims including claims for which the CONTRACTOR may or may not be claimed to be ale for pending and complete operations. If necessary, SUBCONTRACTOR shall purchase owners and contractors protective mobility policy. SUBCONTRACTOR shall also indemnify CONTRACTOR from ant claims, regardless of the nature of the claim and who is at fault Payment will not be made unless a current certificate of insurance is on file. SECTION 7 - SPECIAL PROVISIONS NOTICES: Any notice to be given under this Contract by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Email correspondence shall not be sufficient as written notice under this Contract. Notice to CONTRACTOR will be sufficient if made or addressed to the following: CONSTRUCTION SERVICES UNLIMITED, LLC 110 Third Street, Suite 100 P.O. Box 349 New Cumberland, PA 17070-0349 and to SUBCONTRACTOR, if made or addressed to the f blowing: LaPorte Painting, inc. 951 Poitiers Lane Harrisburg, PA 17108 Contract Aamono : NWWGM Dkft Hall Reno,?Ww Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice by giving notice of that change in accordance with the provisions of this paragraph. ARBITRATION: Any and all disputes, controversies or claims (collectively, "claims' or "claimw), whether preexisting, present or future, between the CONTRACTOR and SUBCONTRACTOR, or any of their officers, direc tors, employees, agents, affiliates, or shareholders, arising out of or related to this Agreement shah be decided by binding arbitration under the Construction Industry Argon Rules (the `Arbitration Rules'), of the American Arbitration Association currently in effect unless the parties tee otherwise. The party initiating the arbitration shall pay the filing fee required by the Arbitration Rules. The deposit and other regular and customary expenses of the arbitration shall be shared equally by the parties. However, any extraordinary expenses incurred, such as a court stenographer to transcribe the proceedings, shall be the sole responsibility of the party incurring the expense, absent an agreement of the Parties stating otherwise. The parties agree to be bound by the decision of the arbitrator and the decision of the arbitrator must comply with the substantive law of the Commonwealth of Pennsylvania. The arbitrator shay render a well-reasoned opinion that includes a statement of the factual determination and the concessions of law rendered by the arbitrator. Any issue as to whether this Agreement is subject to arbitration shall be determined by the arbitrator. This agreement to arbitrate will survive the termirotion of this Agreement SEVERABLILTY: If any provision of this Contract is held by a court of competent jurisdiction to be void, 'nvaW or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. BREACH: If either Party hereto breaches any provision hereof, the other party shah have the right, at his or her election to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-braaching ply shall be entitled to recover from the breaching party all cost, expenses, and legal fees actually incurred in the enforcement of the rights of the non-breaching party. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other beach or any provision of this Agreement APPLICABLE LAW: AN acts contemplated by this Agreernent shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the data of execution of this Agreement CONDITIONS OF THE CONTRACT INCLUDE THE FOLLOWNG: Hard Hats and safety glasses must be worn by your personnel on site at all times. O.S.H.A. Safety Standards will be followed and enforced on the job site at all times. CONTRACTOR'S OFFER EXPIRES: If a counterpart of this instrument, signed by both CONTRACTOR and SUBCONTRACTOR, is delivered to Contractor within Wow (15) days from date of this Subcontract Agreement, Agreement shall thereupon become a contract binding both CONTRACTOR and SUBCONTRACTOR. Otherwise, CONTRACTOR reserves the right to rescind this offer. SIGNAGE: The SUBCONRACTOR shall not erect any advertisement or signage of any type on the Project Site without the written consent of the CONTRACTOR. Consent shall be within the sole discretion of the CONTRACTOR. Contract Aweemwt NazanM MnkV Hal Renovation IN WITNESS WHEREOF: The parties hereto have executed this Agreement for themselves, their heirs, executors, success=, administrators and assignees on the day and year first above written. Name/Title k?IECrf¢ Name rme 4J pyr3 11, Date: Date: Z hol/0 9 specified in: [q"Corporation [ ]Partnership [ ]Proprietorship (Seal) ""UPON EXECUTION, PLEASE RETURN ALL COPIES OF THIS AGREEMENT. WE WILL FORWARD YOUR EXECUTED COPY'" COWW Apnaww t trt. f9M Dkft Hall Renovation 8 SUBCONTRACTOR: CONTRACTOR: LaPorte Palntmg, inc. r.0rHdn1P.tIM Ranrkr a& 1 Inimilna 11 f* EXHIBIT "B99 LaPorte Painting Inc. 951 Peiffers Lane Harrisburg, PA 17109 To: Conduction Services Unlimited, LLC 110 Third Strect, Suite 100 PO Box 349 New Cumberland, PA 17070-0349 Statement Date 5/14/2011 Amount Due Amount Enc. $11,360.00 Date Transaction Amount Balance Immaculata University- 08/21/2009 INV #5071. Dore 08/21/2009.Orig. Amount $16,380.00. 8,190.00 8 190.00 10/30/2009 1NV #5212. Due 1050/2009.Orig. Amount $3,170.00. 3,170.00 , 11,360.00 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE Amount Due 0.00 0.00 0.00 0.00 11,360.00 $11,360.00 David D. (Buea Prothonotary Office of the Prothonotary Cumberland County, Pennsy[vania Xir&S. Sofionage, FSQ Solicitor 13 9 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 Court/iouse Square 0 Suite100 e Car[isfe, �fq Phone 717 240-6195 0Tar 717 240-6573