SUNBURY -- A city man wakes each morning hoping he doesn't see the sky above his bed.

Rick Bingaman is out $7,700, fears his roof is about to cave in, and the Lewisburg contractor he hired in October to work on his Edison Avenue house is in jail on charges he swindled money from potential clients for his business.

Bingaman surfed the Internet for a reputable and honest roofer, spoke with various contractors, and chose "His Way Construction," owned and operated by Charles Smith, on whose business cards are three crosses, the words "Going About My Father's Business" and a Biblical reference to Isaiah 43:18-19.

That Old Testament passage reads: "Forget the former things; do not dwell on the past. See, I am doing a new thing! Now it springs up; do you not perceive it? I am making a way in the wilderness and streams in the wasteland."

Six months and $7,700 later, Bingaman worries about how he will repay the loan and get his roof repaired while Smith sits in his cell.

"I'm sick of the runaround," Bingaman said. "I've been waiting long enough."

Smith is incarcerated in Northumberland County Prison after being charged by Sunbury police in October with deceptive business practices, theft by deception and receiving stolen property.

Bingaman made the complaint after Smith kept delaying the roofing project, city police said.

Metal was ordered for the roof and was being held at Zimmerman's Metal, in Mifflinburg, Smith told police. Investigating officers then determined an order was never placed, according to court documents.

In September, Donna and Eugene Swanger, of Twelfth Street, Sunbury, contacted police and said they contacted His Way Construction to repair their roof.

The Swangers signed a contract with Smith and gave him a deposit of $3,742. More than two weeks later, no work had been performed, court documents said.

A short time later, His Way Construction employees showed up at the Swanger residence and said they could not work because Smith was in jail.

The Swangers contacted Sunbury police and an officer went to the Northumberland County Prison to speak with Smith, who said he could not work because he was incarcerated.

Bingaman, of Edison Avenue, said he spoke to several roofers before he met Smith.

"He came to the house and he went up on the roof and began assessing the damage," Bingaman said. "He came down and we spoke for quite some time and he even spoke about God."

Smith's business cards featured Bible quotes, Bingaman said.

"I trusted him," he said. "But I don't know what to do now."

What's the law

His Way Construction is not a registered contractor with the Pennsylvania State Attorney General's office, meaning Smith was violating the law just by doing business. But the Attorney General will likely not get involved as long as local prosecutors are going after Smith because the penalties in criminal court are stiffer, a spokesman said.

"Criminal cases are going to get priority," said Nils Frederiksen, of the attorney general's office. "However, if there are victims who local prosecutors or police do not feel can be included in the criminal case, we would encourage those people to contact us."

Under the consumer protection law, if one fails to register with the Attorney General, he is fined $1,000 every time he is caught, plus $3,000 each time he does business with a senior citizen.

If the office receives complaints about the contractor and he is registered, then the office "actively investigates and vigorously pursues" those complaints. Since the Home Improvement Consumer Protection Act took effect two years ago, the Attorney General's office has taken action against 300 contractors. Those actions included out-of-court settlements, lawsuits and in some cases, revoking the registration.

Who must register

Anyone who owns or operates a home improvement business or who offers, performs or agrees to perform home improvements in Pennsylvania must register with the Office of Attorney General unless he falls within two exceptions: small contractors (less than $5,000 of work in a calendar year) and large retailers (net worth or more than $50 million). All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above.

The toll-free telephone number for the Bureau of Consumer Protection that needs to be included in home improvement contracts is 1 (888) 520-6680. Consumers are able to call this number to check whether a contractor is registered with the Office of Attorney General.

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