Loading...
HomeMy WebLinkAbout00-00543 el','",',""".,"".'.',.'.'..,,',.,","","',.,,',',',..'..',',',', ',." , '.~,.': ". .'- :~. "-', ,-,; J--' _ ,'- -' _:,1- .'--- - LAW OFFICES 5NELBAKER. BRENNEMAN & SPARE ,,'r-',",;,) NELSON L. ENTWISTLE and ELEANOR L. ENTWISTLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 20.00- 6'13 t!aJ v. HAUBERT HOMES, INC. Defendant CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons directed to Defendant Haubert Homes, Inc, of 15 Central Boulevard, Camp Hill, Pennsylvania 17011. SNELBAKER, BRENNEMAN & SPARE, P. C. t!~,~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Nelson L, and Eleanor L. Entwistle ,.. Date: ;J4NI4.~ 2-, )... ~&i' _"'.. c'_ " -. '""~ ~-, " , -~, - ,.- ~ 'S -.J v.J '\:) " ~~ ~ '-. ~ '-J ~ c:\~ (}I ~~ ~ \ \j ~\ t\ \ ~ () c 'lJS: nl_1~?~1 Z~~.j 2;:3...--:;1 W>~ rs. i~:;; ~...._: :zc. 'j{:C, c ~ -,^ ~.., C5 ~r '- :l::.~ ~ i\,) OJ ;g .~-_~(~7 \t~~; .7'-?() t--~i;n j;! ::0 -< l:J ::I,:':: .e- " ~ ~ -t>,",,',',',' .. , .",' ~~Y' 1.- -~~., ~" "'. ",',- ,,' ~< Commonwealth of Pennsylvania County of Cumberland Nelson L. Entwistle and Eleanor L. Entwistle Court of Common Pleas VB. Haubert Homes, Inc. 15 Central Boulevard Camp Hill, PA 170.11 No, __uu~.9,QQ:;;_4L~i.yU_mm__nm 19_m In _mm~!yj..L~s:_t-tg!l.:-..:.r La"'___________m__ To ,___~?!!q~~t__~~_~L_Jll~~_______,__________ You are hereby notified that Nelson L. Entwistle and Eleanor L. Entwistle the Plaintiff S ha vecommenced an action in __..S:;,:!,yj,J,_Aqt!911_=_1.<;!W_________u____________________ against you which you are required to defend or a default judgment may be entered against you, (SEAL) ._----~-tig-li~-L9Jlg--________________________ Prothonotal)' Ilate ___g~~_~?J__~Q9_Q_______ ~---- ~ - ,'.'.v-d By ____~, __ ___g~~__aZ_____ , ' (/' Deputy "'7""7 ..r= ~~"'iJ!lll!lM~~j' ^,..ii _0 li'm-'~l'iIrJ,;"""'Iil..":Ill" ~-"""...... L 1 ,.~ '"" ,~,,,- . , ," L' 'lllv~ )~~1-~ " 'I' I' ',-- '::~ I! 'ii!.. "",1fII'- ii '~ I! I , ~ , , , , , , , , ~~:':""~rn 'n i""5r ~* "" rt-.Jro....ro::l If-'. '0 rt ...... n f-'- (D ,< ~~ ro "" '0 g~W='"f}t1 '"', r ~ 00 '0 I"" p:~~ ~ g I, ,Ul ro ~""& 0 ~ ,~ '.... >- I..c::: \On . (D 'n ""'1 I;-< Iw S 00 -.J oo~' >i Irt ""OJ:!: ~ t-< . In , W. ,tJj. '"" ~ ;~ j en 00 '~c' ,1:'1 Ig g'g' ,"" ~ RllQ ~ ~ W ,< , '"', 00' '1 ro :, "" ~. rtt I"" ~ ~~~I , .... " ",. , 'I;-< Cl -.JroH ",.00 , !~ O<::l 00 rt , ~' ::l "" tr' rt"" I "" . , "" . ""ro , rt -.J , ro , "', 0 i:'l , ~ - !-tI U1 OOl2'1 , ~ H1 Ul <? , 0, , I 00 1 , , , , 't1 . n . ,.iLUlllll I~L"" ,....".p,.." ,I. p- "" >~-'- ,-, , ~, -~ -, --~- - ."" -~ " ~ __ _ .,0"' ~, - - , " ~ ><=,'- ~_,,~--!iii<<) . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . , - . --~, .'r _ ~[<( -4' , " , "" NELSON L. ENTWISTLE <md ELEANOR L. ENTWISTLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 2000-543 CIVIL HAUBERT HOMES, INC., Defend<mt CIVIL ACTION - LAW 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Klhf11~ , Attorneys for Plaintiff I ;1 1\ . LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE . ~. .... , T ... NELSON 1. ENTWISTLE and ELEANOR 1. ENTWISTLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-543 CIVIL HAUBERT HOMES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs Nelson 1. Entwistle and Eleanor 1. Entwistle, his wife, by their attorneys, Snelbaker, Brenneman & Spare, P. C. file this Complaint against Defendant Haubert Homes, Inc. and in support thereof aver the following: BACKGROUND I, Plaintiffs Nelson 1. Entwistle and Eleanor 1. Entwistle, husband and wife, are, adult individuals residing at 1407 Eldindean Terrace, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendant Haubert Homes, Inc. is a Pennsylvania business corporation with an address and place of business located at IS Central Boulevard, Camp Hill, Cumberland County, Pennsylvania. 3. S & A Custom Built Homes, Inc, is a Pennsylvania business corporation with an address and place of business located at 1060 Trindle Road, Carlisle, Cumberland County, Pennsylvania. 4. Both Defendant and S & A are in the business of constructing residential dwellings. 5. The business address for Defendant identified in Paragraph 2, above, was a former business address and place of business of S & A. il . LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE , liliilllillliil . " , - 6. On or about June 26, 1995 Plaintiff entered into a written contract with S & A whereby S & A agreed, inter alia, to construct a one-story residential house with an exposed lower level basement on land being purchased by Plaintiffs located in Hampden Township, Cumberland County, Pennsylvania, A true and correct copy of the aforementioned contract is attached hereto and incorporated by reference herein as "Exhibit A". 7. By deed dated July 25,1995 and recorded August 1, 1995, Plaintiffs became the owners of a certain lot or parcel of ground identified as lot number 28 in the Final Plan of Phase 3 Tumberry, which lot is commonly known as 1407 Eldindean Terrace, Mechanicsburg, Pennsylvania (hereinafter the "Property"). 8. In accordance with the terms of the written contract between Plaintiffs and S & A, S & A agreed to provide all construction supervision, inspection, labor and subcontracted items necessary for the execution and completion of the work under the contract. 9, In accordance with the terms of the written contract between Plaintiffs and S & A, S & A agreed to supervise and direct the work under the contract, using S & A's best skill and attention. 10, In accordance with the terms of the written contract between Plaintiffs and S & A, S & A agreed to be responsible for the acts and omissions of its employees and all subcontractors engaged by S & A, their agents and employees, as well as all other persons performing any of the work under the contract on behalf of or with S & A. II. At or about the time Plaintiffs and S & A entered into the contract dated June 26, 1995, S & A provided Plaintiffs with a Pre-Construction Worksheet, a true and correct copy of -2- I . LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE . ~ , , - which is attached hereto and incorporated by reference herein as "Exhibit B", 12. Pursuant to the terms of the Pre-Construction Worksheet, S & A provided an express warranty pertaining to faulty materials and workmanship for a period of one year following closing. 13, Pursuant to the terms of the June 25,1995 contract, S & A provided an express warranty whereby S & A agreed to remedy any defects due to faulty materials, equipment and workmanship for a period of one year form the date of substantial completion of the parties' contract. 14. Final settlement on Plaintiffs' purchase of the house constructed by S & A took place on March 11, 1996. 15. At the time of final settlement, S & A, through its representative, provided Plaintiffs with a Customer Service Guarantee, a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit C". 16. Pursuant to the terms of the Customer Service Guarantee, S & A expressly warranted to Plaintiffs to have all of Plaintiffs' customer service needs corrected within ten (10) working u days. 17. At the time of final settlement on Plaintiffs' purchase of the house constructed by S & A, Don E. Haubert, Sr., as President of S & A, acknowledged in writing the responsibility of S & A for any necessary repairs to the masonry basement wall required in order to maintain the structural integrity of the house constructed by S & A. A true and correct copy of the aforementioned acknowledgement dated March II, 1996 is attached hereto and incorporated by -3- ii 'I Ii J . , LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . ", " t ) .. reference herein as "Exhibit n". 18. The acknowledgement made reference to in Paragraph 17, above, was given by S & A to Plaintiffs as a result of Plaintiffs having brought to the attention of S & A cracks in the basement walls prior to framing of the house commencing and Plaintiffs' continuing concerns about the structural integrity of the house. 19. On or about March 20, 1996, after the house was substantially completed, Plaintiffs fIrst occupied the house. 20, Within the fIrst year of Plaintiffs' occupancy of the house, the cracks in the block walls of the house increased in width and length and additional and substantial cracks continued to appear. 21. Although prior to Plaintiffs' occupancy of the house and thereafter, S & A attempted to repair the cracks in the basement walls, the cracks continued to expand and lengthen and new cracks appeared. 22. S & A materially breached the June 25, 1995 contract with Plaintiffs in the following particulars: A S & A failed to properly supervise and direct the construction and work: 1, By allowing the construction of the foundation, basement walls and house upon fIll that was not properly compacted; 2. By allowing the construction of the foundation, basement walls and house without conducting compaction analysis to verify bearing capacities; 3. By allowing the construction of the foundation, basement walls and house upon loose fIll; 4. By allowing the stepped down footer on the western end of the north and south basement walls to be designed, poured and constructed in parts independent of each other and not otherwise connected; -4- " , II .. , . , > , 5. By allowing construction of the house in violation of the Hampden Township Subdivision and Land Development Ordinance with respect to compaction of fill material, slope steepness and by providing no visible means to prevent surface water from damaging the sloping surface offill (Articles 504,9.C, 507,4 and 512.3.b, respectively); 6. ,By allowing construction of the house and the entrance way on the north side of the house within the required side yard setback area in violation of the Hampden Township Zoning Ordinance; B. By failing to use its best skill and attention in supervising work and in constructing the foundation, basement and house by permitting, engaging in and allowing the acts and omissions described in Paragraph 22.A.l through A.6, above, the averments of which are incorporated by reference herein. C. By failing to be responsible, and not being responsible for the acts and omissions of S & A, its employees and subcontractors, their agents and employees, as well as all others performing work under the June 26, 1995 contract on behalf of or with S & A, which acts and omissions are set forth in Paragraph 22.A.l through A.6, above, the averments of which are incorporated by reference herein; D. By failing to correct S & A's work and the work of its employees and subcontractors during the progress of the construction of the foundation, basement walls and house; and E. By failing properly to design a foundation and walls for the house that could be constructed on uncompacted fill material and adequately carry the weight or load of the house. 23, S & A breached the express warranties and assurances provided to Plaintiffs in the Pre-Construction Worksheet, the June 25, 1995 contract, the Customer Service Guarantee and the March 11, 1996 acknowledgement by Don E. Haubert, Sr. in the following particulars: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE A. By failing to repair, remedy and/or maintain the basement walls and the structural integrity of the house which were damaged and compromised by S & A's faulty workmanship, actions and omissions more fully set forth in this Complaint; and -5- ~" ' , . , , B. By failing to address and correct the customer service needs of Plaintiffs as they pertained to the basement walls and the structural integrity of the house within ten working days after repeated notice to S & A. 24, S & A, as a builder-vendor, impliedly warranted to Plaintiffs that the house constructed for the Plaintiffs would be constructed in a reasonably workmanlike manner and that it would be fit for habitation as a residential dwelling. 25. Due to the defects and deficiencies noted above with respect to the basement walls and the structural integrity of the house, the house constructed by S & A for Plaintiffs was not constructed in a reasonably workmanlike manner and is not fit for habitation as a residential dwelling. 26, S & A was negligent, careless and reckless in the construction of Plaintiffs' house in the following respects: a, By constructing the foundation, basement walls and house upon fill that was not properly compacted; b. By constructing the foundation, basement walls and house upon loose fill; c. By constructing the foundation, basement walls and house without conducting compaction analysis to verifY bearing capacities; d. By designing and utilizing a stepped down footer on the western end of the north and south walls which was constructed and poured without the footers being counected; e. By failing properly to supervise and direct the construction of the house by allowing the acts and omissions identified in Paragraphs 22.A. through D., above; LAW OFFICES SNELBAKER. BRENNEMAN & SPARE f. By failing to comply with the provisions of the Hampden Township Subdivision and Land Development Ordinance with respect to compaction of fill material (Article 504.9.C), slope steepness (Article 507.4) and by providing no visible -6- ~ " LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , . , J means to prevent surface water from damaging the sloping surface of fill (Article 512.3.b). g, By allowing construction of the house and entrance way on the north side of the house within the required side yard setback area in violation of the Hampden Township Zoning Ordinance; and h. By failing properly to design a foundation and walls for the house that could be constructed on uncompacted fill material and adequately carry the weight or load of the house, 27. As a direct, factual and proximate result of the breach of contract, breach of express warranties, breach of implied warranties and the negligence, recklessness and carelessness of S & A as set forth above, substantial settlement of the foundation of the house has occurred, resulting in large cracks in the basement walls and movement of the house in a downward and westward direction, compromising the structural integrity of the house. 28. As a direct, factual and proximate result of the breach of contract, breach of express warranties, breach of implied warranties and the negligence, recklessness and carelessness of S & A as set forth above, Plaintiffs are required to expend in excess of $124,000 to restore the structural integrity of the house by stabilizing the foundation and repairing and replacing the masomy basement walls, In addition, Plaintiffs have been required to expend funds for engineering and surveying services and will be required to expend funds to relocate themselves during the course of the repair and restoration of their house. -7- I . LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE , ' , , "'-' " ":.'>-- .- -' - .: " '. ~ . J COUNT I 29. The averments of Paragraphs 1 through 28, inclusive, are incorporated in this Paragraph as if fully set forth herein in their entirety. 30. Defendant was incorporated December 10, 1996. 31, Since December 10, 1996, Defendant's principal and registered address has been at 15 Central Boulevard, Camp Hill, Pennsylvania, which address was prior to December 10, 1996, a business address and office location of S & A. 32. Prior to December 10, 1996, Donald E. Haubert, Sf. was President of S & A. 33. On and after December 10, 1996, Donald E. Haubert, Sf. has been the Chief Executive Officer of Defendant. 34. Based upon information and belief, Defendant was organized and incorporated for purposes of engaging in business activity similar or identical to that of S & A. 35, Based upon information and belief, Defendant was organized and incorporated for purposes of continuing certain business of S & A in the same or similar geographical area in which S & A had conducted business, 36. Based upon information and belief, Defendant has had one or more shareholders, officer and directors who were shareholders, officers or directors of S & A. 37. Upon the organization and incorporation of Defendant, Defendant utilized the same telephone number and telefax number previously utilized by S & A. 38. It is believed and therefore averred that former employees, assets, equipment and good will of S & A were transferred or sold to Defendant. -8- I ..~ . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE . , ) 39. Defendant is in substance a continuation of S & A although under the name Haubert Homes, Inc. 40. Defendant is a successor to S & A and as a matter of law, is responsible and liable for the breach of contract, breach of warranties, breach of implied warranties, negligence of S & A and the damages resulting from the foregoing as set forth above, WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, which amount represents the lesser of the cost of repair or the difference in the fair market value of the house with and without the various defects created or caused by Defendant, together with engineering, surveying and relocation costs as well as interest and costs ofthis action. COUNT II 41. The averments of Paragraphs I through 40, inclusive, are incorporated in this Paragraph as if fully set forth herein in their entirety. 42. It is believe and therefore averred that Defendant is the legal or equitable assignee of the rights and liabilities of S & A under the June 26, 1995 contract, as well as the rights and liabilities of and under the Pre-Construction Worksheet, the Customer Service Guarantee and the written assurance provided Plaintiff by Don E. Haubert, Sr. on March 11, 1996. 43. For the reasons set forth above, Defendant as a matter oflaw is responsible for the breach of contract, breach of warranties, breach of implied warranties, the negligence of S & A and the damages resulting from the foregoing. -9- I , , LAW OFFICES SNELBAKER BRENNEMAN & SPARE , WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, which amount represents the lesser of the cost of repair or the difference in the fair market value of the house with and without the various defects created or caused by Defendant, together with engineering, surveying and relocation costs as well as interest and costs of this action, COUNT III 44. The averments of Paragraphs 1 through 43, inclusive, are incorporated in this Paragraph as if fully set forth herein in their entirety, 45. It is believe and therefore averred that Defendant expressly or impliedly assumed all liability with respect to all houses constructed in the Mechanicsburg area by S & A, which houses include the house constructed for Plaintiffs by S & A. 46. For all the reasons set forth above, Defendant is liable to Plaintiffs for the breach of contract, breach of warranties, breach of implied warranties, the negligence of S & A and the damages resulting from the foregoing. WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of $25,000, which amount represents the lesser of the cost of repair or the difference in the fair market value of the house with and without the various defects created or caused by Defendant, together with engineering, surveying and relocation costs as well as interest and costs of this action. -10- I ^ LAW OfFICES SNElBAKER, BRENNEMAN & SpARE . i . The amount claimed as damages by Plaintiffs in this action exceeds the amount for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. 1 BY: Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg,Pi\ 17055 (717) 697-8528 i\ttomeys for Plaintiffs Nelson 1. Entwistle and Eleanor 1. Entwistle Date: i\ugust 30,2001 -11- 1\ , ( LAW OFFICES SNELBAKER, BRENNEMAN & SPARE " " " , ' , VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4909 relating to unsworn falsification to authorities. ~~ Nelson 1. Entwistle Date: -S - 36 -6/ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities, ( gt~~-4/k~Ld_/~' eanor 1. Entwistle ' Date:~0/ I upon the' property of Buyer, which property is located and situate at '.",,; ",::::.:' The said work shall ' " .,;, be perfor!"ed in accordance with certain plans and spec:iliicati,ops. ' . . . " )~:;~': furnished by contract~:Zwn' qnd identified as ~1 /f k,Yf.u..,-' 9",,~ ., ../: WhiC~~-;/ ~~alled \y ~l~ p~rties her~t~U~~~c:~~i~~~;~s t~f bo'th ' ,,/":,~:;~:i: Buyer and Contractor pursuant to this Agreement. In considera~ion for J):: ::.~:;,;.: the work to be perform tier this tract, BUy'er shall ,t~ 9 ': /J '/ft!-,'(,"h. '~',':,: contractor the sum 0 u.x..o" W~. ?:.:?4;::i,[ ($ /r;.-Z '5'l"O.- ') in acco nce with paragraph 5 . ":;"::,:,:':::>" hereinbelow, and sub ec.t to additions and/or deductions by change " ..'....;.',' order as provid~d in paragraph 5.4 of this Contract. . : ,'-..", , ' , , \ ~~. ... - . S & A CUSTOH DUILT HO~IES, INC. Residential Construction Contract AGREllHENT made the ;2(1' day of ~;tALt) between S & A CUSTOH BUILT HOHES,INC. ~ ereinafter "Contractor") and _ ' 1..... a P'I-eqJ;/O'. of D 7l" ~ti1cct. ' I, . > (hereinafter referred to as "Duyer") WITNESSETH that in consideration of the mutual covenants and agreements herein contained, and intending to be bound legally hereby, the parties hereto do agree to the following terms and conditions: 1. Definitions. The following terms shall have the assigned meanings for the purpose of this agreement: Section 1.1 Contract Documents. The contract documents consist of this Agreement (including specific and general conditions hereto), any drawings, specifications, plans, amendments, and change orders relating to this Agreement. These aforesaid documents constitute the entire contract between the parties, and shall not be modified except by written amendment to the said contract documents. The contract documents do not include, and specifically exclude, any and all oral discussions, understandings, and agreements between the said parties prior to the execution of this Agreement. The contractor agrees to furnish all the construction of a ~ / THE ABOVE STATED CONTRACT PRICE IS DINDING UPON CONTRACTOR ONLY'IF THE CONTRACT WORK IS COMMENCED WITHIN SIXTY (60) DAYS AFTER. EXHIBIT A " J" ,I,.' ", '. ". ,,: ~':(" . j: '~~~,\"~i':.. . . . ~.~itl .:;~... , .....:': ; ~. ," ~-' '. " .... ..... .;\ ~; ,. .f." ,".:,,':'. . . .:~'~ :."I/~.. .r....'.,. ., .'- .' , ",- ."...:;'.... . ",""- .......:'. "" ,.. -:'. ~\'.;> '.~', " , ,.r '.,'. . : .~.. : :.,:::;~':~.<..:.;. . ',' .' '.. . ~. : .,' .. '. ". :.~,I ..... ',' :. :,');:; ,.:,., ..... '..."I....lI.. '" 3. Obligations of Buye.. 3.1. Prio. to the commencement of const.uction, Buyer ,shall obtain and de live. to cont.actor an attorney's certificate of, title to the property, which ce.tificate shall be in proper form, or other proof of Duyer's ownership of the premises which is satisfactory to contractor and its counsel. 3.2. Buyer shall review the plans and specifications submitted by Contractor and shall give prompt written notice to the Contractor of any fault or defect in the said plans and specifications. 3.3.' Buyer shall fu.nish to Contractor reasonable evidence satisfacto.y to the Cont.actor, prior to signing this Agreement, that sufficient funds a.e available and committed to pay for the work to be performed unde. this Agreement. 4. Obligations of Cont.actor. 4.1. Contractor will p.ovide all construction supervision, inspection, labor, ~ate.ials, tools, equipment, and subcontracted items necessa.y fo. the execution and completion of the cont.act wo.k. 4.2. Contracto. will pay all sales, use, g.oss .eceipts and similar taxes .elated to the cont.act work to be p.ovided by the contracto., which taxes have been legally enacted at the time of execution of ,this Ag.eement. 4.3. The Contracto. shall supervise and direct the work, using his best skill and attention. 4.4. The Contracto. warrants to the Buyer that all materials and equipment inco.porated into the cont.act wo.k will be new unless otherwise specified, and that all cont.act wo.k will be of good quality, in conformance with the cont.act documents. 4.5. Contracto. shall be responsible for the acts and omissions of its employees and all subcontractors engaged by Contractor, their agents and employees, and all other persons performing any of the work unde. this contract on behalf of or with the Contractor. -2- " " :.' " ". : " . ,.:.:.;:. ~ '" :-..";. ',' ,/.':::';:. . "':', ,. . ,'"Y' ";::;.>;," : . ,', ':~'" . .';", . ....,..' . .........~. ,~..: :".I.~;~.u,Ir,."'" '.- . 4.6. The Contractor shall at all times keep the premises_reasonably free from the accumulation of waste materials or rubbish caused by the operations of the Contractor. At the completion 'of the,work, the contractor shall remove all tools, construction equipment, machinery and surplus materials, and shall leave the work "broom" clean or its. equivalent, except as otherwise specified. 5. Payment of Contract Price, Progress Payments. ~, : 5.1. In consideration for the performance of .the Agreement, Buyer agrees to pay Contractor, in current fund~/ as' (717 fi' com~ation for,J1iyervic~, tJ,e,1?9#l~ri!ct Price of@tJt6:~~ YL...--tJr J/OQ:~LL~,~~pf'\{J~J,z;!!:fj$//?':::SC7.",- ).' ? (/ . 5.2.. The Contract Price shall be paid by Buyer to Contractor based upon written applications for payment which may be submitted to Buyer at the following times: 07. of the Contract Price upon the execution of this Agreement; .??'J 7. of the Contract Price upon the completion of the foundation; :?iJ 7. of the Contract Price when the roof is completed, when framing and sheathing are completed and when all windows are set in place; ;;;-0 7. of the Contract Price when the'insta11ation of electrical and plumbing systems, in rough form, are completed; OLe; 7. of the Contract Price when the interior drywall is sanded and ready for painting; ;?i) 7. of the Contract Price upon substantial completion of the building as defined herein or at the time of occupancy of the building by Buyer. , -3- I ,.1 " '" ~ ',J " ,', I , :-~ ; " , " ":' , . .. ~ .. ".'-1 :';;:) . ',' ','. :'''1 ':"'-'..1 " ,', , .', ............,.#O...,.....~I\........1 5.3. The Contract Price is for the materials and labor in construction of the Contract Work ONLY. The following items are also specifically included in the Contract Price: exterior and ,interior painting, utility connections, permits, outside concrete , sidewalks, water laterals, driveway, excavation and all other 'costs incurred in connect~on with the, installation of the materials provided for in the plans and specifications. The Buyers shall pay for any additional costs involved in providing extra engineering 'or foundation' work which may be required if the Contractor encounters abnormal or unusual subterranean conditions during the course of construction including,' but not limited to: (A) instal?! icf tha t / (j'J/(J' bloc nd labor necessary to onstruction'of, foundation in excess of blueprint Extra concrete the same for th may be requir. specificatio'ns. ;it- / (B) The cost of lab and materials needed to divert control sur ce or subsurface water found during the cours of construction. 5.4. The Buyer, without invalidating the Contract, may order Changes in the Work consisting of additions, deletions, or modifications, the Contract Sum and the Contract Time being adjusted accordingly. All such Changes in the Work shall be authorized by written Change Order signed by the Buyer. 5.5. A Change Order is a written order to the Contractor signed by the Buyer or his authorized agent and issued after the execution of this Agreement, authorizing a Change in the Project and/or an adjustment in the Contract Price, or the Performance time Schedule. ' 5.6. The Contract Price and the Performance Time Schedule may be c1)l\nged only by Change Order or as otherwise specified in this Agreement'. 5.7. The cost or credit to the Buyer from a Change in the Work shall be determined by mutal agreement. -4- , , .... . ,..:..:...... ..:, "', ,,' , ':.' .... " . ,M.": " I ~ ,. ....... '.. ..!., .....; :;, "'~I"-t,;-':tH'!" ,:. " .: < ~ .' 5.8. Final payment constituting the unpaid balance of ,the Contract Price as adjusted by Change Orders shall be due and payable when the Project is delivered to the Buyer, ready for beneficial occupancy, or when the Buyer occupies the Project, whichever event first occurs, provided that the Project is then substantially completed and this Agreement substantially performed. If there should remain minor items to be completed, the Contractor shall deliver, in writing, his guarantee to complete said items. within a reasonable time thereafter. I. 5.9. The making of final payment shall constitute a waiver of all claims by the Buyer except those arising from (1) unsettled liens, (2) faulty or defective work appearing within one (1) year after Substantial Completion, or (3) failure of the work to comply with the requirements of the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. ' Occupancy of the home by Buyer shall constitute acceptance of same by Buyer and Contractor, except as provided hereinabove, shall thereafter be under no obligation whatsoever to Buyer relative to the construction of said home. 6. Time of Performance. 6.1. The Work to be p~Jor ed~ ,; _t~s Contract shall be commenced on or abou ~~ ~~fifteen (15) days after the date Buyer has . filled all plig ions required by Paragraph 3 of this Contract, and except as otherwis'e provided or permitted by th ontract, s~ll be sups>5ntia ly comp ted not la~r than / ':>0 ' ~.-(' u~,<'>? ~' l .,c. _< ',_. c " , ' ,'" , " , .. ; . .'. " 6.2, . The Date of Substantial Completion of the Contract. Work is the date when construction is sufficiently completed in accordance' with the Plan and Specifications so the Buyer can occupy the construction work. Warranties called for by this Agreement shall commence on the Date of Substantial Completion of the construction work. ,- -5- '.. .... " '.' .... , .......u..~I.I.I.I~f ""_I'" ~.- . " "' 6.3. If the Contractor is delayed at any time in the progress of the construction work by any act failure or neglect of the Buyer or by changes ordered in the Project or by labor disputes, fire, unusual delay in ,transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Contractor's control, or a: delay authorized by the Buyer, then the Date for Substantial Completion shall be extended for tIle period of such delay. ' 7. Insurance. 7.1. Indemnity. The Contractor agrees to indemnify and hold the Buyer harmless from all claims for bodily injury and property damage ,(other than the Work itself and other property,insured under Paragraph 7,2) that may arise from the Contractor's operations' under this Agreement. 7.2. Contractor's Liability Insurance. The Contractor shall purchase and maintain such insurance as will protect it from claims under workmen's compensation acts and other employee benefit acts, from claims for damages because of bodily injury, including death, and from claims for damages to property which may arise out of or result from the Contractor's operation under this Contract, whether such operations be by it or by any Subcontractor or anyone directly or,indirectly employed by any of them. This insurance shall be written for not less than any limits of liability required by law and shall include contractual liability insurance as applicable to the Contractor's obligations under this Agreement. .. 7.3. Buyer's Liability Insurance. The Buyer shall be responsible, for purchasing and maintaining his own liability insurance and, at his option, may maintain such insurance as will protect him against claims which may arise from operations under this Contract~ ...' .....!..-. 7.4. Buyer's Property Insurance. Unless otherwise provided, the Duyer shall purchase and maintain property insurance upon the entire Contract Work at the site to the full insurable value thereof. This insurance shall include the.interests of the Buyer, the Contractor, Subcontractors and Sub-subcontractors in the Contract Work and shall insure against the perils of fire, extended coverage, vandalism and malicious mischief. Any insured loss is to be adjusted with the Buyer and made payable to the Duyer as trustee for the insureds as their interests may appear, "subject to the requirements of any mortgagee clause. The Buyer shall provide a copy of all policies to the Contractor prior to the commencement of the Work. The Buyer and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under this paragraph. The Contractor shall require similar waivers by Subcontractors and Sub-subcontractors. .... " : .!.. -6- ..........Ml.~...~':...;l,......~ 8. Correction of Work. The Contractor shall correct any Work that fails to conform to the requirements of the Contract Documents where such failure to conform appears during the progress of the Work, and shall remedy any defects due to faulty 'materials, equipment or workmanship which appear within' a period of one year from the Date of Substantial Completion of the Contract. The provisions of this paragraph apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. THE CONTRACTOR MAKES AND THERE EXISTS NO OTHER WARRANTIES, WRITTEN OR lMPLIED, CONCERNING THE CONTRACT WORK OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. I 9. Default by Buyer. If the Buyer shall default hereunder prior to the beginning of construction work, Contractor shall retain the money paid by Buyer as liquidated damages; and this Contract shall thereupon terminate. If the Buyer fails to make a Progress Payment to Contractor as herin provided through no fault of the Contractor, the Contractor may, upon seven days' written notice to the Buyer, terminate the Contract and recover from the Buyer payment for all Work completed and for any proven loss sustained upon any materials, equipment, tools, and construction equipment and machinery, including reasonable profit and damages. Upon default in payment of any installment as provided in Paragraph 5.2, the Buyer hereby authorizes and empowers any attorney of any Court of Record of Pennsylvania, or elsewhere, to appear for and to enter judgment against him (them) for the Contract Price, a sum certain, and for all moneys due under this Contract without defalcation, with costs of suit, release of errors, without stay of execution and with ten (l07.) percent added 'for collection fees; and he also waives the right of inquisition of any real estate that may be levied upon to collect this sum; and does hereby voluntarily condemn the same, and authorizes the Prothonotary to enter upon the fi. fa. his said voluntary condemnation and he further agrees that said'estate may be sold on fi. fa. and he hereby waives and releases all relief from any and all appraisement, stay or exemption laws of any state,' now in force or hereafter to be passed. 10. General Provisions. 10.1. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several and respective heirs, executors, administrators;' successors and assigns of said parties; and if there be more than Buyer, they shall all be bound jointly and severally by ,the terms, covenants and agreements herin', and the word "Buyer" or "Buyers" shall be deemed and taken to mean each and every person or party mentioned as an owner herein, be the same one or more; and if thereb~ more than one Contractor, they shall be bound jointly and severally by the terms, covenants and agreements herein, and the word "Contractor" or "Contractors" shall be deemed and taken to mean each and every person or party mentioned as a contractor herein be the same'one or more. -7- .;-1 . . " ! . j, ! ! '. ~ " ,', . . ~ " " , "'f .! .I , i " , ..: ".~..J , , ,\ 'i ! .': .,,", . ," I , I ,,;1"1 . . ~:. . . .: , " ., .:: . . ...~,.. ....... \, ......t.,...,_~'uoII~;~ '"_'-C_:,,, " 10.2. Neither the Buyer nor the Contractor shall assign his interes~ in this Agreement without ~he written consent of the other except as to the assignment of proceeds. 10.3. the location of this This Agreement shall be governed by the law in effect at Project. Contractor S & A Custom Built Homes, Inc. ~i'~>~ Buyer By: , \ dl~~_/.J~_~ Bu er -8- '..,: I ,I' ! i i .1 , , .. , I , i 1 " i , ! I .' .. " , .-.., , .'1';"[ ,:: I , , , . ..I "1 , ~ : ; ;-.::;..~\! " ::~i~~' . ....'.... ."". .I" . ,. . ':i':~f" ....,)~. ..' ......ol",. ii" -, - " -} - 0_' '_~. ~ .1 , . , , . Page ,}" ofl ~ . ADDENDUM TO SALES CONTRACT Ct" )',U../9 <s- Betwee;;ZZ and Development House Model 79tt -)'7S(1 7&3 .- ')t,;~ :2, (Phone II) (Sellers) Lot /I ~ , Base Price ;(':'1 fC.:?t. .-y,. .7~Y."~!'?, . ~~ . . . . . . . . . . . Lot Differential .......................................;............... E d B t i h Sid' G d L,If) ,,1 ''''',,1 1&-,,-, ;;Lf'5--:l... \,'071I(~"",, xpose J.as~em.en w t ~,~ng to , raJ e). .,~ .'.Y'i':;{.'.. Jr-::" '.-.-......,.. Gara ......\ - .0't..---tJ ._L lfl.\ \:' A.\!,,--V-t\" - \' ~ ge"" ...... . ... . . ... ..}.-". -I "'-'<t..' , ...". ,,> .-.......,'......... ~ I.t /, J I ~Feick' O'lr-P~i,O " . !'C-;-:.,~.... ./..... ~4'~' ~.. '/Z~-;.~:.;,;'" 'i;~:.e;,"'" rep ace~'';'(.'u... .-." .. "',41o<\.....(....~... <<'r; .k..... .'.. .... .'. ."-'~ ',?t;,.. r..... Central Air (~ with GRA Heat)/.cfC4i\ 6vjft1:!.'\{,~.'"!. i+:'-1>.~~.. Other Options: C(J..;e/-"_e'"L~ I.r:C,:j/~, Q (:;( "'r-Dt: ~..-t.1 '-- 0 A .--z.-J!-;rA A-rC_J~'/1,1 -~,\r i/10( 1"<-< ! J ((i) .,- v ,,'_ ~~, cfnJf: . Y:<L</ ~~ d /Ill. r,n{'l~.j dM'-L(' C{ t' 11 ,.".,,-,'--'1 UJ;-)7r:~~1 (p{)-!J ,- . t {. , -(, ' ..-f?-<<--c! , .~"--f -q,,-,,, h -1'1- .?' ~ 9r .d-f !J;u:). ' ,Q / ~I ( .~,O<.;/ ~ d,' - ,A::; ,.-97-----P. jf" J. ~-,,---l #-"7\) tf,w/../0'M".-{ .t-.vr-".-e;fUJI (' ~ a--<"A'_~~-?:...!_ tOJ ~~d ~6-. /L~5' 707 - $ I , . 3i, 7t1.J,- -4 Bo () -:- , 4~:- I .:;. ~ r-f) ,- .., f....,,'~ -::;.L '('u. W <-<,-iJ , .~~u-1) . --,1, j /l C(L.t-~c(o/ .. . ',' Total Options from Page 2 Total Construction Price ~'-<./. - $ ~(c>73. $ ;20t/, L/ lJt) .- $ 3(" '!()-(1-:- , - $ /ifl7,~. . i' \' '9: " Lot Price .. ~~., , ....., lar G<L'f-c'lC.. ,O~ -4 5i 6Z ,; H ~~~?:~t; ~r y!:>tl..,-etL 13")'"0.1" tllf~~ ., "~ ,-",/'," .. . . "II , , " Page /0 of ;, 6 , . ADDENDUM TO SALES CONTRACT (Continued) Other Options: - S!:' v.1/ $ f~. ' ~~f . Yl K;-f flrJ( ",,C ij/j3?~ ,;l f- 3 /1'-1:-<7 / ~'-<-/ . / f' !? I 11:'21.-' .A _1'-'-< A A,~' , _, _~(4J-tt /6V !d'/SU', IS p' I.J - ,'Ii-.srf.r CIS "!J'~ L/L/trO ,~ - iJ' ~ ) 3b ': 9?cb~--7 ':X ~o-t",;---t"uj....- - /.^.J--{~"../I" ~ J J t AI C. ~.J-Yf<......S!~ ':{.>J f ---!~c;;j, ~) ~-.2"""!vc''-''~' ;;Ls-D .- ,,- c7 --' 1- - ' /:? /. J,J<, ,- _ 2./L'-"-v1' _ ./' ,U-...-L 'J.d./ - 7 v-v ~{ T , ,.<(, .-x0 z-< : aI' ,7 '" ~ ::-" -~,..J .~~ , ,.--t'-;:yAt>...c.Y _~"-"'/. --1.:-',-1 . A-I.: Xi .~ /i.u--(". ,.:<-c-r-z=-.-/..-<,~/ -ol.0,(~ ,~/ r;;;cuJ /lc.,,;,J? ,'~..., ,0,p) DR ) 0/' bA- 02'/3 - ~\ ?Jl~~{!.~(.J_ DIZ /S;<,- 6 ' ! 6-6-AUsj..,-,'_ ' '~-^-?.....e~ .v 750 .- , '7' !3?<.? o.<y"" ~ ~\'_ ,.,f?)f'+f:-;.} T-'U (_ _ , 3toO.- U..J.>-:=l', -t ,r-/u:'" -J .:::;r;J'-€f? i1Y-AC'/ /J1..f ~1u.J.q AJ 6- 3's c-6 C/u-..-e.J. ~~<...h ~ta1 Options p~ge 2 $ II c-O 1'/S-e-tJ.- .f.e~' tli2.-R..<:',....<-''''-t'>-t''-'''~ ~- h.-(....OJ-O-.:~'L. ,J::ct?'~<J-A;. r:--z. .;2,?(; .- ~~ C77l ~ ~~ (00,- ,..-- flj(# f3._ --- -- -- A' <-, t LO '~~ ~:t. '" f \r ~: I II : 'I , , ,I , I I~ \ . ~ 1'1" OJ lIb, 1 "', I!, Ii;', I l 1,\ f ~.~ i ~ "I. ~ I:' iI:: . ~z; ~l :; , I! , .~~\ ~",;' ...0 I<!J ~ , , , '. ,. ,'q "~ '0-'"'' "".JI'/" 1 1~1 .,~ , ,"' -). . ~~~ ' i' ll~'__ t ~:. 'z' ~!,;,- ~\ "r ]A'.-"- ~,' ~'."~ ./ ".q r-Wt_ \jJ 'Jttl 6S\ 1" ,,/ '" I'-.~:~ , ./ 1 -r I ~!r. \'" ~i ~ uIQL./ 1I~ I ,; .J! -'-'I~ i~ : II'} r i I ~A'OV' (- .,,' ~ -;1 'Iill,~ J "N ;'''' I ", I ~ I 'fl. I-' _....~ =" _ _ . ~ril'J';.L /- - '_1,-.-, 4.,) 'ill , t / , jilr-{,-- If 1- ~ ' I /..t.".~ ~ 'jJf~" ~ -~. ~ ._"--" Li~\ .I ' ! ~.' .. '. . "J ".~, ", i\ -. I~ . ~ ". ~ '", 'EJ:,~ JL, ~ ',,, ,=- .~. '.L. ~.l- ~I}~f ' II" 'rnnp r-J~ ' I . ! 3'::0 ~ S ,... 1 ~,1 <Ii .~~~ -I!! ~ IS . . .' 'l" '.,..lL c i. /,...' ""'0 ~L I'" ' ,./ ''" ~ "..........""'... I ...-. ~ .......~ 05"....". UI. I ......L- 1. H -+...... 11.:...1. ;:: ;-.J.~"^,," ....... -1- ..M . .....t. ~i I " i, ~: i~ , ...,- l 'jJ' ~ 1,1 Iii! /! II!" ., H' !! I i I ~ I . . , I- I , , i - l ~ ~ . I J - ".... " , , , '''''.' - J ,,'.r L -~ .' .J. n~ ! , . z Q ~ -~ z~ u~ Q~ ~ ~"" 7D~~ ~~ ~ ~ ~ ~ <,f'fC'jI\J RANC'H ! A !R~5UlJCl;NCIE lFQG;I I ENl'Mi~1LE : t.El5CIJ e. El.EI>I-I:lt S~US=:SUOLV IE IBlIUDD.JDIEIhl :nDil<Ol <CAIhlIES oc..:....~"'" a:1Lr'",f"':'~'~:'" ,..."':.:. "'~lr........:;= -~"in~E:...~~'},,'"t..:." ,fa .~.............n ~- NIl".. . ii~"/!I' i;~ l'j,.1 l!;!l' , - :!'Il'! ,;, !'l i,.i 1,1' !I;' 1',11 .' .i:~x , ~ll , :ir a ~ '"* ~ ,l>> ~ dB OJ i ~ oz ~~ 8~ ~~ ~~ .~ ~5 .z J~ ~~ "~ ~ . j ~ ~ , , -@).- r. i I rF f.-I I' II I I I I I I ~ ~ I I , I I I I I I , I ~!I 1 I I ~ - k.._ '7 ~~~ Ii! :si~ !I':i I' ~ ''<r ..... ,-," I I ~ Il~V I c" j' I I ,. I !"~ II~ I I'''''''''''''' I ~, :]1 I Ii- I' ,r'i ~ ,,) '! I I li !II 1 ;;: ~I t (iEl 1 : ~ I ,I, I II I 11 I {B I 1<1$ : ... ~ I r ..' ~ '""'....1;) a~~~ l.r:~~ :1=~~ iiq~G\ ~~:~ ~q.02 o.l"~'" ~g'ij;~ ~~~ i~~ ~.> o>r ~ ts"<'"" "..",' ", '1 fl."...../'f...""S.... "'.."~.._T..Al.l....."" 'I 'f I .' , kJ I j i~ " '" j " ~"'., .- , ."'- r .....,.,..",. ."'.. ,,""- ...,..........,.. .,,'.~ ..."'.....,. ""'~.T..Q ""'I",' IU I ".... 5>">1",,' I <,f'f('JIIL R!'N('H " . t ... lR~SDENcre "'OR . ~c:.E!..f'.loNCRElJl'MilSlLE ,,,...- SPA. ClJS'D"~ IBlUOILT ~tlIOOOl1IES lfDi]1E I8IIUDO-IDJIEIR WDilOl ICAIRIES I..,;,:~' EB"..r /"1"trfLII...... 0)1'_ .~ " 1! l II,. I Ii I ~ I I"'!' I IEEl ""'T I I '''''&1 I I I I 1 I I I ..1. ""~. ~"'4 EEl}: ~ /1 Ie I I! I 1'- I I I L_ o " J ., o. zE ~~ t:~ "'..,,' , l~'~ l- 11 I' II i' T . ,., ~....~"'...". IllllIJftlr,,;:iIi-:- ""~f-}- III I I I I I . ,,~ ( 1\1 II ~~ ~~ I - .. ~ Lll>I'~<7....n~ i' h,. ,ri : 't' Jl II II f' ~~~ ~~~- I ..._ n... rt' .. I-r'iw." '...... . ,... : ~~ ' [ /Il~f l1P " (iEllj I , ,,~.n . " I~ ~rli!~:f'1~ 41, TU' ,,j' m '~Il:: ',~- , ;! I .,; A, 1 'oJ!; I ,',', ~; ~~ Ii I ~ . ~ f J ~ll I I 1\.000 oJ I LU. ,..... t ~q -[t~--+t l~ : ~ ""'A, "; ;(~ , s~ I ~s I lll.~' / ~~ I I':,', I I 1-' ,.~ / /,... ,- - ... .'... =ii , ~ i 4&J ~ l)<, ~ ~ i I .~ ~"''''IOH'~. ..J I~ _I. "- .' -,- r_," .nr.u......,,"'..... -'."".,..0.."......."" ....... M\>,.1I. ]:'". ~ r-I-==~ ..... L R.. ~ !C..~l; - ~ 6, .~,: 1, l N I- i!" l ~q II ~ l ,w, ' Oltbl, -, 1'--'> ~ I I I Ii I I I I :':'.~: I I I I I ~~1! I ~.t I !ill l~ " '.~ I I ~ " ~ ~ t, EEl I I I I I I I I I I Ii I I ) ~~~nl ~~~i; ~~5~ ;~~~ ~...< . !;g~~ rOO r-!..~;:; ~:tlb~ mfll...> . .; liI<Jl~'1S ~ " Z ~ il IL. I " 'I' . ,. o , !- Ii ,I I' d ..~ ~ p ~.i i ~ i ~ ~ EEl ,. ~~ t' l . , I I \ I - ",-,~~~ - .- ^,. ~... . S~ Custom Built Homes .. , PRE-CONSTRUCTION WORKSHEET Homeowner: Lot Address: Date: Phone: In order for your job to run as smoothly as possible, and to give you the best service and quality possible, it is very important for the customer and the builder to work together. While the perfect home has never been built, we will work with you every step of the way and do our best to give you the best built home possible. 1., Did you read your contract? Did you understand your contract? Do you have any questions? 2. After reviewing, please sign and ~ate the final working drawing. 3. After reviewing, please sign and date the selection sheet. 4. We cannot start your home until we have the following (check things needed) _____Copy of deed to your lot _____Plot plan showing setbacks; lot corners must be staked _____Septic system design _____Building Permit - water/sewer tap fees paid Homeowners Insurance Lighting Selection Selection Sheet Financing _____Deferred End Payment Program details 5. If your lender requires a foundation location survey, please have it completed once the foundation is started. It is your responsibility. 6. If you have your own subcontractor doing any work, they must contact us before the start of excavation. We .:111 build to standard S&A specifications unless notified in writing and during a personal meeting at our office or jobsite with our superintendent. It is the responsibility of your subcontractor to obtain our specs. Any deviations from these specs will be charged to you. Please provide us with a copy of your subcontractor's liability and their worker's compensation insurance. This is required pefore work is allowed to start. S&A is not responsible for delay caused by your subcontractor. 7. If you will be supplying any of your own materials (doors, lights, fans, etc.), S&A will install if contracted. Subcontractors will use reasonable care in installing the item, but it will not be warranted under S&A's homeowner warranty. The customer is responsible for defective, missing or damaged parts. No payment will be made to the customer for material or labor on items you will be doing until final settlement occurs. 8. Feasibility of basement baths and rough-ins can be decided only after excavation. S&A has 'the right to delete such work and~,will credit to you the cost of said option. A pit for future sewer pump can be installed at an additional cost if gravity flow can not be obtained. 5 & A Custom Built Homes, Inc. . 15 Central Boulevard. Camp Hill, P A 17011 (717) 761-7951 . FAX: (717) 761-4125 EXHIBIT B '"". L , , S~ Custom Built Homes tol;" t ,.J> , , ," " 9. Please be aware of who is responsible for any allowance items. They are listed as allowances on your contract. Make sure all parties understand allowances. 10. To have your job run as' smoothly as possible, changes are discouraged after construction begins. Notify your project manager of any changes you wish to make. Changes must then be approved by both manager and superintendent. A signed change order along with payment must be received prior to changes being made. Changes cause delay and allow for more chance of error. 11. Telephone and TV jacks are to be marked on print. 12. Any inspection other than standard building code inspections are the responsibility of the customer. These inspections may be required by your lender or insurance company and may include well, water test, soil compaction test, termite treatment, etc. They are your responsibility. 13. A lot inspection has been pexformed by us. This is done to establish a realistic es:timate on lot work and to minimize extra cost to you during construction. You will be kept pcgted on lot improvement costs during construction and given a final charge or credit at completion. Rock removal is not included in contract. 14. Concrete may develop some hairline cracks. This any problems with the integrity of your new home. concrete will not crack. is normal and does not cause S&A does not guarantee that 15. Any personal materials or equipment you leave on the jobsite is not the responsibility of S&A Homes. 16. Garages will only be drywalled on surfaces required by building code. This is usually (but not always) required on wall between house and garage and on the ceiling. Additional drywall work may be added on a change order. 17. When payments are requested, please act promptly so as not to delay your job. Payment must be received by us within (7) days of request. Any items that need correction will be corrected before completion. lB. Footer drains, stone, vapor barrier, asphalt coating, etc. are installed in your home to protect your basement from water. However, every building lot is unique'and may contain such characteristics as sub-surface water, under ground springs, etc. and we cannot warrant a dry basement. 19. Please direct any questions or concerns to project manager. Do not deal directly with our subcontractors; this can cause confusion and delay. 20. No personal property of any kind is allowed on jobsite before final settlement between customer and S&A Custom Built Homes, Inc. Only materials and supplies required for construct~on willpe allowed. 21. Final payment must take place before moving in. Builder and Customer will walk through your home to see if there are any items that need to be completed. A full one year warranty shall follow closing. This warranty is for faulty materials and workmanship. No Escrow Agreement will be accepted unless it is due to weather conditions o'r material shortages. No keys will be issued before final settlement. 22. Landscape Allowance is for one time seeding and planting of shrubbery. S&A is not responsible for erosion or dry weather. You must water, fertilize and weed control your own lawn. S & A Custom Built Homes, Inc. . 15 Central Boulevard. Camp Hill, P A 17011 (717) 761-7951 . FAX: (717) 761-4125 ,o~._~ ',,, ......''- .w , A; ,1 1)11 . ~ . . S4!A. Custom Built Homes I("J _\ . 23. Drive~ays contain a basecoat and topcoat. The Homeowner is responsible for sealing the driveway after the topcoat is in place. Driveways do settle and patches may be needed. Patches will not blend perfectly. 24. Drywall nail "pops" are common and may occur. These "pops" usually can be fixed by the homeowner and should fall under homeowner maintenance. If, however, the nail pops are excessive, S&A Homes will repair them one time after going through a heating season. 25. Many things were discussed with the sales person or realtor during the selling stage, but we will only honor what is written on your contract or plans. Please understand that no verbal changes can be honored. Changes must be documented. 26. Your home will be completed in approximately' 150 days from date of excavation. Please do not ask us to commit .:>r estimate' earlier completion dates. COMMENTS, CONCERNS, CHANGES: BUYER DATE BUYER DATE S&A SALES REPRESENTATIVE DATE DATE SUPERINTENDENT/PROJECT MANAGER S & A Custom Built Homes, Inc. . 15 Central Boulevard . Camp Hill, P A 17011 (717) 761-7951 . FAX; (717) 761-4125 . , .L.. t ')if { A . SQ Custom Built Homes "'.. ( . CUSTOMER SERVICE GUARANTEE S & A Custom Built Homes, Inc., guarantees we will respond to your customer service needs as follows: Emergency service work will be responded to within 24 hours by S & A Custom Built Homes, Inc., or one of our subcontractors. Emergency work is defined as: 1. Uncontrollable running water 2. Being without heat during the heating season 3. A potential electrical hazard ) All other customer service work will be handled as follows: Once you have contacted S & A Custom Built Homes, Inc. with a customer service need, S & A or the appropriate subcontractor will contact you within 3 working days to schedule an appointment to correct the customer service concern. These customer service concerns should be completed within 7 working days. with this Customer Service Guarantee you should have all of your customer service needs corr_ected within 10 working_days., , There may be times when additional material may have to be ordered (such as carpet or vinyl) to complete your service request. When this is the case your request will be handled as soon as the material is available. Additionally, S & A Custom Built Homes, weeks after you reported your customer your needs have been satisfied. Inc., will contact you two service concern~o v~ . ,---- ~~. S & A epresent1i ve '3/// / Cf& Date' , S & A Custom Built Homes, Inc. . 15 Central Boulevard . Camp Hill, P A 17011 (717) 761-7951,' FAX: (717) 761-4125 EXHIBIT C -,,'~""- ,-- ,J I'" . . . . StEA Custom Built Homes . March 11, 1996 Nelson & Eleanor Entwistle 1407 Eldindean Terrace Mechanicsburg, P A 17055 RE: Property located at 1407 Eldindean Terrace, Mechanicsbnrg, PA Dear Dr. & Mrs. Entwistle, 1, Don E. Haubert, Sr., President of S&A Custom Built Homes, Inc., hereby acknowledge responsibility of S&A for any necessary repairs to the concrete masonry basement wall required in order to maintain structural integrity. Sincerely, )d~~ ~'/{c~ \~t' - Don E. Haubert, Sr. 5 & A Custom Built Homes, Inc. . 15 Central Boulevard . Camp Hill, PA 17011-4208 (717) 761-7951 . FAX (717) 761-4125 EXHIBIT D ~, I .. . . LAW OFFICES SNELBAKER, BRENNEMAN & SPARE . ,. . . . ". . 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: Haubert Homes, Inc. 15 Central Blvd. Camp Hill, PA l701l Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street p, O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Date: September 6, 2001 , II ~iIl ." -..:!, " >, ..,. . . 1IIiIiI1ll1III-'-=- .' "'~-li!~.LJ ~H 11'-' ,,',"~,".. . , . b I ..' ,.. . . h a !~ ~~ " L;;-j.:", /) '-< ''1 T 1 rn~'r "0 [-'roo! ::g ~ " r'~"' I ~8B ej) '", C" --..:.: CJ ~~~~ ~ -0 " ;.-:-:~ :a <if': (0 ..'.'" z 0 ~{J )i; c: w c5rn z o-i J> =< (J1 J:J -< Ill. "..,"" '-~ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. NELSON 1. ENTWISTLE and ELEANOR 1. ENTWISTLE, Plaintiffs v. HAUBERT HOMES, INC., Defendant TO THE PROTHONOTARY: ~'" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-543 CIVIL : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, discontinued and ended with prejudice on your docket and indices. Date: September 11, 2006 SNELBAKER & BRENNEMAN, P. C, tI~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs - ... ....-- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ;; -,,--'",.'---':' 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 Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS: David Fitzsimons, Esquire Martson, Deardorff, Williams & Otto, P. C. 10 E. High Street Carlisle, P A 17013 SNELBAKER & BRENNEMAN, P.C. ,~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 170.55 (717) 697-8528 Attorneys for Plaintiffs Date: September 11, 2006 _1IIi1ll--~'ilf~ -''';'''~~c~~~~" li'illlijlllllillDli~;'~-~""'-' M_;~ -, -~'-,::".~ >,'.' , I.~ '~ ~ , ~',< ",' ., P ~:' ,-C_ z _..) -< ["''''0'' , " .., ,'. ... "" = c.;::; o~ (,/) r-q --u o -.., -1 I-r: nl~ -rJfil ~-"'lr') ('.ST ---Ie) {~-~t 7-:::;m ~ ~'> :D -< "V ::I~ 1~ r'J . d.-()OD _ 5'-13 Cl vi I -tat"- f: f\. +..... j s+l L -l.- + ~l vs *D-u..be.rf" H-OlA-f-S All Filings before o c; - " - rJ-60 ftJ Have not been scanned1 - J-. AL - ------ . LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. NELSON L. ENTWISTLE and ELEANOR L. ENTWISTLE, Plaintiffs v. HAUBERT HOMES, INC., Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-543 CNIL CIVIL ACTION - LA W : WRY TRIAL DEMANDED PRAECIPE Please mark the above-captioned action settled, discontinued and ended with prejudice on your docket and indices. Date: September 11 J 2006 SNELBAKER & BRENNEMAN, P. C. BY: rI~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs . . . LAW OFFICES SNELBAKER & BRENNEMAN. P.c. 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 Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POST AGE PREP AID. ADDRESSED AS FOLLOWS: David Fitzsimons, Esquire Martson, Deardorff, Williams & Otto, P. e. 10 E. High Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.e. I,J1WL- By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Date: September 11. 2006 --~ -1_ ;~; 1 .,,-, ....- r:.;~ F"_~ . .