Appeal from the Order of the Court of Common Pleas of York County, in case of Stephen T. Keener and Deborah A. Keener, his wife v. L. Burton Curry and Bonnie L. Curry, and York Redevelopment Authority v. The City of York, Office of Housing Rehabilitation and P. Dale Shultz, No. 84-S-1078.
Robert A. Lerman, Kagen, Griffith, Strickler, Lerman & Solymos, for appellants.
Patricia A. Butler, with her, W. Scott Sandusky and R. Elliot Katherman, for appellees, Stephen and Deborah Keener.
President Judge Crumlish, Jr., Judge Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.
[ 101 Pa. Commw. Page 465]
The York Redevelopment Authority (Redevelopment Authority) and The City of York, Office of Housing Rehabilitation (City) appeal*fn1 the order of the Court of Common Pleas of York County denying their motions for summary judgment.
On September 15, 1982, Stephen T. Keener (appellee) fell and was injured while working as a subcontractor at property owned and in the possession of L. Burton Curry and Bonnie L. Curry (appellee/owners). The property in question was acquired by the Redevelopment Authority as part of the City Redevelopment Plan pursuant to Section 2 of the Urban Redevelopment Law, Act of May 24, 1945, P.L. 991, as amended, 35 P.S. § 1702. The property had been damaged by
[ 101 Pa. Commw. Page 466]
flood waters in June, 1972, and was one of many premises offered for sale as part of the "Back to the City Project" for which block grant funding was provided.
Appellee/owners agreed to purchase the designated uninhabitable premises on November 16, 1981, and in December of 1981, a Right of Entry Agreement was executed acknowledging the purchase of the property by the appellee/owners "as is" and permitting them to enter.
On June 22, 1982, settlement took place and legal title to and possession of the premises was transferred from the Redevelopment Authority to appellee/owners. Thereafter, appellee/contractor P. Dale Shultz, hired by appellee/owners, began renovation work. Mr. Shultz subcontracted with appellee Keener who was injured when he fell through the kitchen floor of the premises.
The City offers the services of rehabilitation specialists without charge to assist homeowners in coordinating the rehabilitation project, to assure that City Code Building Regulations are met, and to handle disbursement of the block grant funds.
At the time when appellee sustained his injuries, neither the Redevelopment Authority nor the City had legal title to the premises. The Redevelopment Authority held title until June 22, 1982, and the City never held title to the premises. However, prior to the sale of the property, the City, through its Office of Housing Rehabilitation employee, Terry Davenport, performed various services in connection with the property ...