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Home My WebLink About96-00905 \ '] o ~ t- O , t vi "7 I/J .~ 01 o 1 ~ '''', , , /' _./ p' ..- 4'~ E: ~ J n l() 0: v, .1 o Z Cn~":INV "Al TH OF Vi::NN:iYlVANIJ\ r ~~:UJEl~~~:~U~~;l~JN~:;~' f JUDICIAL 015fHI(;r Pf,NNSYLVA'IIA NOTICE OF APPEAL -/ J r HUi\l DISTRICT JUSTICE JUDGMENT COMMON PLEAS No 1996-905 Civil Term ~ -- .--.....- Filed February 20, 1996 NOTICE OF APPEAL No,,,,,, '\ '1""0'11., "", ,lppvll,III' h., I>lvd ,n till) .hoy" Cuw, ul Cummoll PI".'.II .Jpp",11 110m Ih" lu<l'I""1I11 ,,,",),,,,,<1 hy ,h., D'''"cI JuSl'CU lit) rh,' d,lll! .mll HI thl! CoJ5t! IlllltltHJl1ed hullJW ~':~'~~~s. -'~--_. -~~ .=-_'_ ,=~.-.==_=~~=~~~~_ __~~i~"; ;: O~~;.(;9_3_~~-- ....... ., ....".o, en. ..... _____._ """,0'_ 2200 Chestnut street 0 Harrisburg 0 PA 17104-1335 U.... gO' HHhU...., ,.. -,,""irc-;. ."i"ci,.;;:,--;", 1/22/96 lcrete Designs ---=-~[;.,""h not.Uion is rt!fJllirp. . '-~'~~-'----- c....,'" f't" - -~-~-'----------.- Jill Morr 0 ' '1).tu...;6 ".:;-o---';".;';.;j'-~'----+---~f1Cr- ' IOJFF, P.C. ..ll,..Eliq1Jir:~.__.__. CV 19 LT 19 0000490_95 rill') block will he "i1!JnOII ONLY when this 11 C PJ P Nil. 100B8. rhl~ Notlel! of ApIJt!..JI, whon reCtH\I~d hy th~ Dlsnlct JllSfICU, wI/I UpcrJtt! JS ,I SUPERSEDEAS ItJ thu jHd!ltllt.'lJt fur POSSI!5SIOn Irl thiS CdStl. JP/lfJlI.mt Wi'S Cldim,mr (St.'e Pi), R.C.P.J.p. No, 1001(6) m JL'tic)JJ bf!fOrt~ District Justice, ho MUST FILE ~ COMPLAINT Wilh,,, Iwellrv (20) cI.ys .fler """9 his NO nCE of APPEAL, S'!JII,HU,,, 0' P'lIt1IOfIUI,IfY or D~'Put'l ..__.__._._._----"'.._--_._--------~----_. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ITII,s S/!eflOll of farm to be liS/HI ONL Y wllell appel/.III w.... DEFENDANT Isee Pa. R.C.P.J.P. No. 1001(1),,, oction before D'Slrict Jllst,ce. IF NOr USED, (/fltJch from copy of notit..'e of llppeal to be served upon appellee). PRAECIPE: To P'o'hunolary Enler lule Upon (Common PIcas No. Ndme of oIppe/ltutfsJ , appellee{sJ. to file a camp/aim in this Jppea/ ) wllhin twunlV (20) uavs after s"rvice of rule or suffer unlrv of jUdgmunl of non pros. RULE: To Signature 01 ilppell/IIJr Of hi' aftame., or agent N<lme al.lP/Hllee(s} -, appe"U"(5) II) You .", no',f,eu Iha, a rule is hereby entereu Upon vou 10 file a complaint i" Ihis appeal within twentv (20) davs after 'he date of serVice of this rule upon you by person<11 service or bV certified Or registered mail. 121 If you do nol f,l" a complaint wilhin 'his time, a JUDGMENT OF NO~ PROS WILL BE ENTERED AGAINST YOU. fJJ The d.lt!! of service of this rule if service was bV mail is tho dare of mailing, oal.,_ ,19_ Signa tun ot Prothanol.'Y or DtJputy AOPC 312-90 : :nUrl! f P ,{ , "I i!L if; 1i/llIl eno n'!ONOTAHY " ~ ~ ~ , , \ .. ~~ ; .. , t. .") n ':,j ~* -- ;('') r-l '.iT) -:Jo ! ~ :'1 \4:; .. - -~ l~ '''---. _...-..-_.._--~"-_._._..._- '_'~_"_'_'_'M", PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO Fll OMPLAINT (ThiS prool 01 sefVIce MUS T BE FILED WITHIN TEN (10) DA rS AFTER hUng the nO/lce of appeal. hacl< appUcablfl Ooi</HiI) COMMONWEAL TH OF PENNSYLVANIA COUNTVOF_____ ;u AFFIDAVIT: Illt:rP.!JY SW!!ur or llftlrm rh,ill $1!t'JI!d .j (;upy of th~ Nortce uf Appeitl, CI)mnllJn Preen NLJ. _~_, upon the DIstrIct Ju!itice dusignated therein on rd,u;.' uf serv/r;e) ----->---------__, 19_. [] by pClS0I1.-.il5i~rl,ijCl: [] by (certified) jregisteruul millt, sender's f.:Ctlfll dtl.u:ht!d hertHIJ, <tlld urmll the Jppellce, 'rnalTleL_.____m -, .~______.."_____ _~_ _.,.__._______.__~. , on --, 19 --[] by plnson.11 'jHriJICf~ [.1 by (wrtJficdl (relJlShtrudl mail, sender's receipt attached herBra. <md furthf-f thal' I l'UVfld rhe Rule to FlIt: d COmJ-lluHlt whorn thll Rulu was JdrJrrI'ised on_~_.,,,,_.__ mull, sunder's receipt attached hertHa. ;,n;:c;OfT1p.JtlYlflH thlt dbovu Notice ot Appeal upon the ilpPlllleefs) to . 19 --'-' [] bV pt!r'Son.t1 \erviCf! [] by h::erttfled) (registered) SWORN IAFFIRMED) AND SUBSCRI8ED BEFORE ME THIS.u_____DAYOF_ .19_ S'9flo'IUf. ot .fl,Mr S"J",Jtu'" ul /.IfI(.'1.I1 b,:h)T'l who,,! ,lfflfJJlllt W,1,1 ItfJUt! r,rlt.. of atlll:I,)1 My C0l11I11'),HJtJ t'!<lJlIt:S Oil ,19_. Ii . .... " NO.7<l2 [M5 NO,702 004 NOTICE OF CONTINUANCE l5:58 .ONWEAl TH OF PENNSYLVANIA NN OF: CUMBERLAND PlAlNTlf'F ....e.... ...,_.. ~LLCRETE DESIGNS 2200 CHESTNUT ST. HARRISBURG, PA 17104-1335 L. -! .., ~.~NID 09-)-04 0..l~'l"Qfl GLtNN R. FAR.Nl:R ~ 5002 LENKER STREET MICHANICDBURG, PA ,_ (717) 761-8230 vs, OEFENIlANT: ... -....- 'MORROW, JILL, ET AL. 320 INDIAN CREEX DR MECHANICSBURG, PA 17055 L. 17055-0000 .., ...J ALLCRITE DESIGNS 2200 CHESTNUT ST. HARRISBURG, PA 17104-1335 ~ Docke! No,: CV-0000490-95 Dale Filed: 11/13/95 i . "--".'.' . (Chotgel (ChAlgo, Please .nol8 tnGt Ihe heating In \he above caplioned case, which was scheduled 10 oc;cur on: has been continued 10; 1/08/96 Dille; 1 22/96 9:30 AM. Place;DISTRICT COURT OJ-3-04 5002 LENKER STREET KECHANICSBURG, PA 17055-0000 TlI11i; If you have any C;uestions. please contact lt1is office immediately. , To appear as witness: t. . , .. , , . . Continuance requested by: DISTRICT JUSTICE " you .r. disabled and requlr. _~ance. pi.... contact the "'aglsterial Di.lrlc:t Clfflee at Ih. Iddr_ above. 1-...:l-9/. ~R.~._ I I ., -- . District Justice Date My commission expires first Monday of January, 19911. SEAL - .' NO. 905 CIVIL 1996 Z 349 SO;;,> ;;'>!l0 Receipt for Certified Mail Z 349 SO;;,> ;;'>!l2 Receipt for Certified Mail No Insuranco CO~QragQ Provided 00 nol USd lor Int"malionsl Mail IS Oil Aovllrsol rur, ~ - -:t:1f~~\ No InSlIfI"c. Covlrr.:.t;lJ ProvIded 00 not ute 'or InhU,',... ..uncll Mill 15uft Reve",,) ~ - .#I:1....\'=:\ t aIJ,d. 8! ~ ~ :i g CO CO> ! en ... ",.,t,.,I'.... ~. .11 " .",J f ~" ;I'''' ,... i;'"jJ,,~'. '"'' 'W,"_,.jilJt.,.",\r"" 1."..'.:..,;.;:...,.....,,(11.. illlSll'tlIdD.........., r.,. il"u,,,;1"':'l'Illl"<I"""'.., 'e, ....-",,,,, S lhh, U"'.''''',l Ii""," R.c-"'Ul .;hlWWTll I,: 'IO,-,)'n & 0..111 0"'''.'11<.1 ~"(",, a'<.II'Il' """"''''''0 ."",,,,, JJ4tu .ll'd "1J<l""~",, A,M..'" f(Jr.:lol ;>lltl.tij~ \'''''', ?'l~lrr.Jr. I)' <:l,1I'! ~..,,'n Hrf;.'~1 "'''J'''''''j III ,",r'llm (lJI.. ..".1011</.,..."..,011<1,'''", IlllAI P'IlI"'J" "'fI'" PO~trf'J'i. or O,lle $ $ h b. ~(.J, Iq'i~ c:J leJ alcrer , , @? U ! 0: 1= .~i 0 ii J ..8~1... illlll:. ,::- .....eI .. ..IX: t:. I~~ z IX: B ~ , >> go " u " ~ ~ " " '" " .. " " ~ - . ..~ " '" &; " '" ~ - . ,~ '0 .s-g ~2 iji; y .:: >>.. .J:) .~ u 0 ~ u -"-5 " ~ >> " " .3 :( . . " q Ii 'i i I I II II II Ii I , i II II 'I :1 I' ;1 i! Ii il !I il I, I I II II ALLCRETE DESIGNS, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA NO. 905 CIVIL 1996 CIVIL ACTION - LAW v. JILL MORROW and DAVID SHAFFER, Defendants JURY TRIAL DEMANDED 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 defen$es 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 claimad 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. I I I I I I I I I I i , ; i I i , Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 Respectfully submitted, i j I. CUNNINGllAM & P.C. Date: March 6, 1996 // ~' . ./ By: _ _ ~-'" ___ Edwin A. D. Schwartz, I. D. '75902 . 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiffs i I ire II !I II II il I' II !i !I II [I II I I! II " i! i' i i ALLCRETE DESIGNS, PlaintUt . . IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . v. I NO. 905 CIVIL 1996 I I CIVIL ACTION - LAW JURY TRIAL DEMANDED JILL MORROW and DAVXD SHAFFER, Defendants NOTICIA Le han demandado a uated en la corte. si uated quiere detenderse de estas demandas expuestas en las paginas diguientes, usted tiene viente (20) dias de plaJo al partir de la fecha de la demanda y la notiticacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avidaso que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. I i ! II [I LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TINE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, -'AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJOPARA AVERIGUAR DON DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. , I I Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 Respectfully submitted, I I I I March 6, 1996 I II !I [: ,I Ii i ~ CUNNINGHAM' CHERNICOFF, PoCo ..-c/ /Sf . / By: - Edwin A. D. SChwartJ, I. D. '75902 2320 1I0rth Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Attorneys for Plaintiffs I; I -- ". '-"-"-'~-_"V"" d )j 11 11 !I II II I i . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 905 CIVIL 1996 CIVIL ACTION - LAW JURY TRIAL DEMANDED ALLCRITE DESIGNS, Plaintiff . . v. . . . . JILL MORROW and DAVID SHAFFER, Defendants . . i I I !I H II II I I I i I , I II I COICPLAUl'1' AND NOW, comes Plaintiff, ALLCRETE DESIGNS, by and through its attorneys, CUnningham Ii Chernicotf, P.C., and brings this action against Defendants, Jill Morrow and David Shaffer, in assumpsit, by respectively averring as follows: 1. The Plaintiff, Allcrete Designs, a Pennsylvania partnership with its principle business office located at 2200 Chestnut Street, HarriSburg, Dauphin county, Pennsylvania. 2. The Defendants, Jill Morrow and David Shaffer, are adult individuals who reside at 320 Indian Creek Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. On or about May 19, 1995, the Plaintiff entered into an agreement ("Agreen:ent") with Defendants whereby the Plaintiff would apply a decorative stain to the basement floor ot the Defendant's residence at 320 Indian Creek Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. The agreed upon sum !or Plaintiff's work and Defendant's basement floor was One Thousand Five Hundred and 00/100 Dollars ($1,500.00). A true and correct copy of the Agreement entered into between the Plaintiff and Defendants is attached hereto and made a part hereof, and is incorporated herein by reference and marked as Exhibit "P-1". 5. At the time of execution of the contract, the Defendants paid the Plaintiff Seven Hundred Fifty and 00/100 Dollars ($750.00) pursuant to the terms of the Agreement executed on May 19, 1995. 6. The fair and reasonable value of Plaintiff's services is One Thousand Five Hundred and 00/100 Dollars ($1,500.00) and is the customary charge of the Plaintiff in like cases, and is the charge the Defendants agreed to pay. 2 - . '~--.....~. . . . . . . '. . '... 7. At a time wllich tile specific date is unknown, Defendants began to make numerous complaints to the Plaintiff alleging that certain areas of the basement floor were not uniformly stained and that different shades of stain had , \ , , i I appeared on the basement floor. 8. Plaintiff, pursuant to tile terms of the Agreement, was to have all work completed on or before June 33, 1995. However, at a time prior to tllis completion date, the Detendants refused to allow Plaintiff access to the basement floor so tllat the completion of the work might be accomplished by the aforementioned completion date. I I i II II 'I H ;[ !I ii il il :1 Ii !I ;1 .1 " 9. During numerous communications between the Plaintiff and the Defendants, the issue of this discoloration was discussed. The Plaintiff offered explanations as to the difference in the shading color in as lIiuch as the color applied to the floor will "mellow" over time and that certain factors such as concrete strength, density, finish ot the floor, and floor traffic over the floor all Ilave an .ffect on the final color of the stain. 3 100 On or about August 2, 1995 Plaintiff made an offer to Defendants to view the basement floor and complete any defects upon which the Defendants complained of on or by Auqust 20, 1995. Access to the basement was denied by Defendants. II. Since May 19, 1995, Plaintiff has not received any further payments under the Agreement entered into between Plaintiff and Defendants. 12. The services rendered by the Plaintiff to the Defendants were at all times proper, satisfactory, good, and workmanlike and consistent with, and in conformance with the Agreement between the parties. 13. The Defendants accepted Plaintiff I s services as they were being performed. Defendants have failed to pay the remaining balance of Seven Hundred Fifty and 00/100 Dollars ($750.00) as set forth in the Aqreement between the parties. 4 II d II ~ M...._ ,_~__..~ 14. On or about November 13, 1995 Plaintiff, filed a complaint betore District Justice Glenn R. Farner, 5002 Lenker Street, Mechanicsburg, Pennsylvania alleging nonpayment of the Seven Hundred Fifty and 00/100 Dollars ($750.00) owed to Plaintiff. 15. On or about January 2, 1996 Defendants, Jill Morrow and David Shaffer, tiled a counterclaim against Plaintitf, Allcrete Design for the return of the Seven Hundred Fifty and 00/100 Dollars ($750.00) deposit as paid under the original terms of the Agreement entered into by the parties. 16. On January 22, 1996 District Justice Farner entered judgment in favor of Defendants, Jill Morrow and David Shaffer awarding Seven Hundred Fifty and 00/100 Dollars ($750.00), to which a timely appeal was filed by Plaintiff, Allcrete Designs. ! WHEREFORE, the Plaintiff demands judqment in favor ot the Plaintiff and against the Defendants in the amount of Seven Hundred Fifty and 00/100 Dollars ($750.00), together with 5 '.... -..-- VERIFICATION Io , verify that the statements true and correct to the made in best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S.!i4904, relating to unsworn falsification to authorities. i ~ ! i ~YT?:t!!:::Of ALLCRETE DESIGNS , -.;~ --_if if. ~ Date: 3-(,-9~ li . -.----....... I .... J. ,... ..\lkr~tt.! Design:i :!:lIJO Che.tnut Street Ha.rrisburg, PA l7ltH 21'!.0355 :!J3.'!5,L:l AGREEMENT ,.;i, 1liIS AGREEMENT made thll / 1 day of, IV/ Pi . 199..2., therllna"er referrld to .s .CONTRACTOR") and ' }, I' " ",..H" (her.lna"lr reflrred to as .OWNERS.I. ~twel~~CRETE DESIGNS -11,11 ~J.".~~ WITNESSETH: That In consldlrltlon of thl ""utual covin ants anJ agr~imlnts hlrein conUllnldo the p.rties hlrlto agrle to thl following tlrms and conditions: ARTICLE 1 !HE CONTRACT DOCUMENTS 1.1 The ConUilct Documents consist of this Agreement, the Drawings. the Speclflcatlonso all Addenda issued prior to .nd all Modifications IIsued after execution of this Agreement. These fonn the Contract. and all are as fully a part of thl Contract as if attached to the Agreement or repeated herein. 1.2 Contr.ct Work. The Contractor agre.. to furnish all thl material and labor necessary for the installation of decorative concrete Ihereina,"er.lefarred to as "patwork") u n the prope~ of Owners. which property II located and situate at -' ~ ,J.n I (;~ '- I. . ~ ;.., Townshipo ..:.', ~'. IJe,. 10-.. -1 CountY. Pennsylvania. The said parlonned in accordance with certain plans and specificatioN known and r tv (;1'''' ~j €.....- ,jl]..n./JJ<. ,--,,+-t.. o-tu~ e... ARTICLE 2 CONTRACT PRICE 2.1 Owners sllall pay to the contractor the sum of ,1" " G dd endu. lo1-\ Dollars and 0011001$ .00) in slrict .ccordance with Article 3 hlreinbelow, and subject to additions and/or deductioN by change ortler as provided in Article 8 of thll ConUilct. ARTICLE 3 PAYMENTS 3.1 Owner agrees to make payment of the connct sum to conUilctor In the following maMlr: Upon execution of this contract. fifty percent 150""1 of the conUilct price as a downpaymlnl. The balance of the contr.ct sum shall be paid (together with balance due from change orders ..Icuted, if anyl upon tom pl. lion of all work pursuant to the provisions of Article 4. 3.2 Payments due and unpaid und.r the Conuact Documents shall bear inwea1 from the date payment is due at the rate of one and twentY.five hundredthS 11.25""1 percent per month. ARTICLE 4 r 1 ')"V fiNAL PAYMENT cUf . 4.1 Final payment constituting the unpaid balance of the ConUilct Price as adJuated by CNnQI Orders shall be due and payable upon completion, . ' . ' . . . . , ' , . ' ' -"'~"-""" 1......1 J. "... J~ , 5.1 ARTICLE Ii TIME OF COMPLETION ~ . Ql3 /99.r ~ I Th. '/!;Ork to be perform.d under this Contract shall b. complet.d on or b,'or. '-' ( g $1./ ~ (hI ': A''''' r. ~ -I Cf.''( -. . I T '" V'~ (I' "u ~ ""lV\ ARTICLE 6 INFORMATION AND SERVICES REOUIRED OF THE OWNERS 6.1 It shall be the responsibility of the Owners to properly Indicat. upon the site where and how thfl flatwork ahall be situated, giving elevations. bench markso and other data necellary for this purpose. If Owners fail to so locat. the flatwork prior to time Contractor commences worko then the Contractor may situate the f1atwork in such a position as he deems advisable with the approval of Owners and shall In no way be responsible for Improper location or elevation or for any consequential resulr.s whatsoever. 6.2 Owners agree to provide adequate water and utility services as may be required. ARTICLE 7 OBLIGATIONS OF CONTRACTOR 7.1 Contractor will provide all constr\lction. supervision. inspection. labor. materials. toolso equipmento and subcontracted items necessary for the execution and completion of the contract work. Contractor represenu that it has the knowledge and skill to perform Its duties under this contract properlyo promptly and efficiently. 7.2 Contractor will pay all sales. use, gross receipts and similar taxes related to the contract work to be provided by the Contractor, which taxes have been legally enacted at the time 01 execution 01 this Agreement. 7.3 The Contractor warranu to the Owners that all materiats and equipment Incorporated Into the conuact work will be new unless othlrwise specified, and that all contract work will be of good and workmanlike qualitYo In conformance with the contract documents. 7.4 Contractor shall be responsible lor the actS and omlulons 01 iu employees and all subcontractors engaged b'/ Contractor, their agenu and employ..S, and all ather persone performing any of the work or supplying any 01 the materials under this contract on behalf 01 or with the Contractor. ARTICLE 8 CHANGES 8.1 The Contractor Is under no obligation to make any changeso additione, or alteratlone In the work provided in the contract documents, Upon reasonable request of the Ownera, ContractOr may malul c:hangeI, additionso or alterations, but the r.ontractor shall not be required to do so until the parties have uecutad · written change order 0 which will became part 01 this contract. and the Own.ra have agrHd to pay the Cor.tractor for changes in the work on the same basis as the cost of the work Is defined In thIe contract. The Owners agree to make requests concerning any changeso additionso or alteratlone In the work to 1he Con1nCUIt and not to the workers. including subcontractors on the job. 2 .......c..........t..... .......1.1. ,... ARTICLE 9 L1MrTED WARRANTY 9,1 The ContraCtor agre.. to perform the work in accordance with the plans and splcifications. All work shall bl of good QualitY and &hall be performed in a good and workmanlike mannero and shall be tree from faults and deflCts. excepting allowable faults and dlflc:tS set forth hereinbelow. All work shall bl performld in accordance with all applicable provisions of thl building cod.. and ordinances of Iny governmental authoritY having jurisdiction over the work or real Istatl. In the absence of governmlntal authoritY over the work or real estatlo then all work shall be performed in accordancl with the local building standards. All materials and ilUtlllations incorporated into the wo:kshall be new. unless otherwise specifild. and shall be of good qualitY, The imprinted concr"e proceS$ is intended to achieve a rustic eHec:1. Some variations in finish t.rture. shading. sumping depth along with other irregularities are likely to occur and are part of the individualitY of the installation. These variations will not alt.r Ownero s or Contractor's obligations hereunder. Th. Contractor agrees to: 111 repair any cracks exceeding 3/16 inch In width ,nd 1/4 inch In vertical displac.ment. exc.pting cracks at expansion and control joint locations which may not exceed 3/4 inch in width and 3/B inch in vertical displacement and excePting any cracks caused by settlement of the sub-base due to expansion and contraction il the sub-base is not installed by Contractor; and (21 repair any scaling or color fading for a period of one year. The Contractor shall not be responsible after this period. The ContraCtor shall not be responsible for scaling or color fading if Owners apply salt or other agents harmlul to concrete surfaces. The Contractor shall not be responsible for Owners' negligence. The ContraCtor agrees to assist in securing lulfillment of warranties provided by the manufactur.r on the materials suppli.d by the ContraCtor. In the event d.fec:1S occur within th. above warrantY period, then the Contractor agrees to repair within thirty 1301 days of notice. weather permitting. The Contractor's obligation to .ff.c:1 repairs, as described above in this Paragraph, is the only guarantee or warrantY provided by The Contractor to Owners with respeCt to the work. The Contractor maKes no further warranties nor repres.ntations as to the condition or qualitY of the work, or any component of the work. ALL OTHER WARRANTIES ANO REPRESENTATIONS AS TO THE CONDITION OR QUALITY OF THE WORK, AND ALL PARTS. COMPONENTS AND ASPECTS THEREOFo BOTH EXPRESSED AND IMPLIED. INCLUDING. BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS AND OF FITNESS FOR A PARTICULAR PURPOSE AND OF CONOrTION AND HABITABILITY ARE HEREBY WAIVED AND DISCLAIMED. AND SHALL BE OF NO FORCE OR EFFECT WHATSOEVER. ARTICLE 10 INSURANCe 10.1 Indemnity. The ContraCtor agrees to indemnily and hold the Owners h'Jrmless from aU claims for bodily injury and propertY damage lother than the work itself and other propertY insured under paragreph 14.21 that may arise from the Contrac:1or's operations under this Agreement. 10.2 Insurance. The ContraCtor shall provide for itself and maintain at its own cOSt and IXIlenSl until the completion of the work tt>e following forms of insurance: workmen's compensation insurance in accordanc. with the lawS of the Sate of Pennsylvania. public liabilitY insulanee with limits of UabilltY In thl sum of ,J ! 00 {, l' .). :,' forinjury to anyone person and Yllo 0 0 () O. J c.. for anyone accidento and propertY t1amOlge liabilitY in the sum of ..p I ,.,,, U .,.). 0 - . ARTICLE 11 DELAYS AND EXTENSIONS OF TIMe 11.1 If the ContraCtor is delayed at any time in the progress of the construction work by any act, failure or neglect of the Owners or by changes ordered in the Project or by labor disputes. lire, unusual delay in transportation. adverse weather conditions not reasonably anticipatable. unavoidable COlsualties. or any COlUSes b.yond the Contractor's control. or a delay authorized by the Owners. Contractor shall notify the J _~r-'''''''' ..... J. U'" Owners in writing within fiftlln 1151 days of thl occurrence and thin the date for Completion .hall bl eKtended for the period of .uch dllay. 12.1 It is a covenant of the contract that the Owners do hereby grant and convey to the Contractor, its successors and assign., full and complete rights of ingress. regr..' and .uch occupancy or pos....lon of the premis" hereinbefore de.cribed as .hall be reasonably required by the Contractor lor the aforesaid conluucUon. Provided the Contractor is not in default. any refusal thereof after written notice from Contractor 0 is . default. by the Owners whereupon the full amount of the conuact price .hall become immediately due and payable. ARTICLE 12 BIGHT OF INGRESS AND REGRESS ARTICLE 13 DEFAULT 13.1 Default By Owners. If the Owners .hall default hereunder prior to the beginning of con.uucdon worko Contractor shall reuin the money paid by Owners as liquidated damages; and this Contract .hall thereupon terminate. If the Owners fail to make a Progrus Payment to Contractor as herein provided through no fault of the Contractor. the Contractor mayo upon .even daYs' wrinen notice to the Ownerso terminate the Contract and recover from the Owners payment for all work completed and for any proven loss sustained upon any materia!.., equipment, toolso and consuuction equipment and machinery 0 including reasonable profit and damages. r 13.2 The remedies herein provided shall be in addition to and not in substitution for the rights and I remedies which would otherwise be vested in the Contractor, under the terms of the Agreemento or otherwiseo all of which rights and remedies are speciallY reserved by the Contractor, and the failure to exercise the remedies herein provided shall not preclude the resort to any appropriate remedy, nor shall the use of the special remedies he"by provided prevent the subsequent or concurrent resort to any other remedy which by law would be vested in the Contractor for the recovery of damageso moneys dues, or otherwlseo in the event of a breach of any of the covenants, by the Owners. 14.1 It is muwally agreed that all materials delivered upon the said premises shall be regarded II the propertY of the Contractor until paid for by the Owners, and shall not be removed without consent of the Contractor. ARTICLE 14 9WNERSHIP OF MATERIALS ARTICLE 15 POSSESSION 15.1 Prior to the final payment. it shall be the dutY of the Owners or their agent to inspect the ~lWork in the pr..enC4 of the ConuactOr or the Contractor's representative and to give the Contractor at that time a signed punch Ii.t of any deficlencie. in workmanship or materials. 16.1 All rights and liabilities herein given to, or imposed upon. the respective parties hereto aND extend to and bind the several and respective heirs. executors. administrators, successors and assign. of said ARTICLE 16 SIDlERAL PROVISIONS 4 ~ "-'" .. -po .. .... 1. ,.... parties: and If there be more than Owners, they shall all b. bound jointly and s.verally by the t.rma, cov.nanu and agree menu herein. 16.2 The Conuact constitutll the entlr. agre.ment of the parti.s, and it may not b. chang.d .xcept by written agreement duly executad by th. lime parties. 16.3 SeverabUIIy. Each provision of thla contract la aaparable from every other provision of thla Contract, and if any provision Ia determined to be unenforceable or Ia reviled, it wUl have no effect on the enforceabilitY or validity of any other provision. 16.4 The applicable law governing thla agreement will be the law of the jurisdiction where the propertY Is located. 16.5 This agreement may not be assigned without the written consent of the ContractOr which shall not unreaaonably be withheld. 16.6 Written notice shall be deemed to have been duly served if delivered in person to the Owners oro 10 the ContraC10ro or if delivered at or sent by regisllred or cenified mail to the last busineu address known to the partY who provided the notice. 16.7 Wherever used in this Agreement, the singular shall include the pluralo the plural the singular and the use of any gender shall be applicable to all genders. This Agreement and all its terms and conditions shall extend to and be binding upon the parties hereto and upon their respective heirso executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties, Intending to be legally bound herebyo have hereunto s.t their hands and seals the day and year first above written. 1 ATTEST: CONTRACTOR: , , , I 1 I j -/9 - 93 By:Jl) ,~ a.J.. (' ~1r.jJ. r ../Ie/to WITNESS: OWNERS: 1 ~GJ9{ CfJL~ 5 ADDENDUM TO AGREEMENT May 19,1995 Submitted to: Jill MorrowlOave Sfhaffer 320 Indian Creek Or. Mechanicsburg, PA 17055 Specifications cA Job: Installation or stain on existing basement floor. - I ti e..tu.dtA./f .Lf.:l e/Y'l eA..l eb4C' Approximately 958 sq. ft.. $1,500.00 1-- 'u.Ni er&h.-t'1/' ~ . Ills utJ-U. Installation of spray on existing basement floor. ...tJl..teM.d.. ~ d..a-o~' I Approximately 958 sq. ft. $3,000,00 Color to specified by owner. .-.. ,-- " \ 1) 1"\ ,.0 ~;r - ALLCRETE DESIGNS, I IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I I No. 905 CIVIL 1996 I CIVIL ACTION - LAW I v. JILL MORROW and DAVID SHAFFER, IN ARBITRATION . . Defendants: ACCEPTANCE OF SERVIGB I hereby accept service of the Plaintiff's Complaint in the above matter on behalf of the Defendants, Jill Morrow and David Shaffer served upon me on March 14, 1996. B an J Puhala, Sr. Atty ID 52677 2108 Market St. Camp Hill, PA 17011 (717) 763-1800 Attorney for Defendants Dated: "bIIY/9C j .. . I 1 .1. j I ; , .: t ,I \. I :i. \ ~i' I: . ~ " i.f ,~ Y, ''>' ~ CBRTIFICATE OF SBRVICB I, Brian J Puhala, Sr., Esq., certify that I oaused to be served the attaohed document upon the following person(s) by depositing the same in the U.S. Mail, First Class, Postage Prepaid. Edwin A. D. Sohwartz, Esq. Cummingham & Chernicoff, P.C. PO Box 60457 Harrisburg, PA 17106-0457 J Puhala, Sr. Dated I March 14, 1996 ALLCRETE DESIGNS, : IN THE COURT OF COMMON PLEAS plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 1996 - 905 CIVIL TERM . . . JILL MORROW and DAVID : CIVIL ACTION - LAW SHAFFER, . . Defendant . . PRAECIPE TO SATIS~Y TO THE PROTHONOTARY: Please mark the above-captioned matter as satisfied and discontinued. Respectfully Submitted, CUNNINGHAM' CHERNICOFF, P.C. Date: 1/<50 - 9(; h- By: Edwin A.D. Schwartz, I.D. 175902 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 '1...