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Home My WebLink About02-5439 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSEPH AND CHARITY PALUMBO, CIVIL ACTION - LAW Plaintiffs, v. No. ();l. 5'lf.3f tA;Y RICHARD MILLER AND JIM MILLER BUILDER aIkIa JIM MILLER CUSTOM BUILDERS aIkIa JIM MILLER BUILDERS, Defendants. PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY: Please issue writs of summons against the defendants in the above-captioned matter. The address for both of these defendants is 29 Tannery Road, Dillsburg, PA 17019. DATED: November 8, 2002 19683 1 ~~ '-... ~ w 9v " \)', ~ ~ <0 CA, ~' CA ~6i ~~1 ~ ~ ,~ ~1 ~ ~ /~~ " ~ f'\.).., '-....:::'J ',"" ? '- '- !'. .:-,... ...~ -; ..' -'-, Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Joseph and Charity Palumbo Plaintiff Court of Common Pleas Vs, No. 02-5439 Civil Term In CivilAction-Law Richard Miller and Jim Miller Builder a/kJa Jim Miller Custom Builders a/kJa Jim Miller Builders Defendant 29 Tannery Road Di11sburg. PA 17019 To Richard Miller and Jim Miller Builder a/kJa Jim Miller Custom Builders a/kla Jim Miller Builders You are hereby notified that Joseph and Charity Palumbo the Plaintiff has I have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date November 12, 2002 By *rMtL fI .)t,{4 fH Deputy Attorney: Name: Victor P. Stabile, Esq. Address: Dilsworth Paxson LLP 305 North Front St., Suite 403 Harrisburg, P A 17101 Attorney for: Plaintiff Telephone: 717-236-4812 Supreme Court ill No, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALUMBO JOSEPH ET AL VS MILLER RICHARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MILLER RICHARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 21st , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co 18.00 9.00 10.00 45.52 .00 82.52 11/21/2002 DILWORTH PAXSON ~ . Thomas/ lne _/ Sheriff of Cumberland County Sworn and subscribed to before me this Iff::: day ofA1.eu,~ :c2 /l"t 2., A.D. '-- I"}" j ,; (, J ' ~' ~1 d~' "~~ Prot onot SHERIFF'S RETURN - OUT OF COUNTY 'CASE NO: 2002-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALUMBO JOSEPH ET AL VS MILLER RICHARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JIM MILLER BUILDER AKA JIM MILLER CUSTOM BUILDERS AKA JIM but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 21st, 2002 , this office was In receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 11/21/2002 DILWORTH PAXSON ~ R. Thomas Kllne Sheriff of Cumberland County Sworn and subscribed to before me this 11'0- day of fU.tM......L. UJtJ)...... A.D. 0'('0 0 jp,Jo,., l~ Prothonotary' ~ . /o)J~ 4 ;1""1,3 "'to '1t~~~~s.12t~~~~~ 1!l5366-BU ~ II/IS-""'"' 1 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-91iOl SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONly LIE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Joseph and Charity Palumbo 2. COURT NUMBER , 02-5439 CiVll 4. TYPE OF WRIT OR COMPLAINT Writ of Summons 3 DEFENDANT/S/ B. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Richard Miller et al 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR: SOLD Richard Miller 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, 'IWP., STATE AND ZIP CODE) 29 Tannerv Road Dillsburq, PA 17019 7. INDICATE SERVICE' ClPERSONAL ClPERSON IN CHARGE .If DEPUTIZE Cll~~ CIOTHER Nnv~mh~r 13 , 20~ I, SHERIFF OF _ COUNTY P 0 hereby depu iz the sheriff of Ynrk COUNTYtoexecut ~tu to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY Cumberland OUT OF COUNTY CUMBERLAND SERVE .. AT { NOW ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may "..ve same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destrudion, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TElEPHONE NUMBER 11. DATE FILED VICTOR P. STABILE 305 N. FRONST ST. STE 403 HARRISBURG, PA 171(1 236-4812 11-12-02 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (ThIS area must be completed If notice IS to be mailed). CUMBERLAND CO. SHERIFF $PA.8Q.OWFOR USE OF 1lE SHERIFF - DO NOT WRITE BELOW'THIS L.N: 13. I acknowledge receipt of the wrrt 14. DATE RECEIVED or complaint as indicated above R . A H R E N 11-14 _ 02 15. Expiration/Hearing Date 12-12-02 16. POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( SEE REMII.RKS BELOW 22. REMARKS: <.. {J (w/~ 11-,19-02 49. DATE DATE RECEIVED &' [~)\&- THE f'fDflWG EXPR€ss. INC_ YORK, PA 17402 15S366-BU Cl II II S ~3;O' 2 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 4 TYPE OF WRIT OR COMPLAINT 1. PLAINTIFFISI 3 DEFENDANT/51 Joseph and Charity Palumbo Richard Miller et al Writ of Summosn SERVE { 5. NAME OF INDMDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ....... Jim Miller Builder aka Jim Miller Custan Builders aka Jim Miller Builders ~ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 29 Tannery Road Dillsburg, PA 17019 7 INDICATE SERVICE CJ PERSONAL CJ PERSON IN CHARGE /If DEPUTIZE BiR~~'1Jkng 0 1ST CLASS MAIL 0 POSTED CJ OTHER NOW November 13 , 20 OL I, SHERIFF OF ~ COUN!1. p~o hereby depu 'ze the sheriff of York COUNTY to execute~lJ~l!.!.akereturn -accorcling to law. ThiS deputlzation being made at the request and risk of the plamtiff. -"" ..t-~~'-~J< ~..,.,.,~~ SHERIFF OF co TY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY SHERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N,B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destrud.ion. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE VICTOR P. STABILE 10. TELEPHONE NUMBER 236-4812 11. DATE FILED 11-12-02 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed ff notice is to be mailed). CUMBERLAND CO. SHERIFF SPAee'.OW FOR USE OF fIE stIStFF.- 00 NOT WRITE BElOW TRS UNE 13. I acknOWledge receipt of the writ 14. DATE RECEIVED or complaint as indicated above. R. A H R ENS 11-14 _ 0 2 POE( ) SHERIFF'S OFFICE ( ) 15. ExpirationlHearing Date 12-12-02 16. OTHER ( SEE REMARKS BELOW 23. Advance Costs 33. Costs Due or Refund ,I Check No. 8. Signature of Foreign County Sheriff RN SIGNATURE 49. DATE nATt"'" ................ ___ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSEPH AND CHARITY PALUMBO, Plaintiffs, CIVIL ACTION-LAW v. No. 02-5439 CIVIL RICHARD MILLER AND JIM MILLER BUILDER alk!a JIM MILLER CUSTOM BUILDERS, a/k!a JIM MILLER BUILDERS Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD To: RICHARD MILLER AND MILLER BUILDERS a/k!a JIM MILLER CUSTOM BUILDERS, alk!a JIM MILLER BUILDERS You are hereby notified to file a written response to the within Complaint within twenty (20) days of service upon you or a judgment may be entered against you, DILWORTH PAXSON LLP By Victor p, Stabi e, squire 112 Market Street, 8th Floor Harrisburg, P A 1710 1 (717) 236-4812 Attorneys for Plaintiffs DATED: July 1, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSEPH AND CHARITY PALUMBO, Plaintiffs, CIVIL ACTION-LAW v. No. 02-5439 CIVIL RICHARD MILLER AND JIM MILLER BUILDER alk!a JIM MILLER CUSTOM BUILDERS, alk!a JIM MILLER BUILDERS Defendants. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiffs Joseph and Charity Palumbo, hereinafter "Plaintiffs", and file the following complaint against Defendant Richard MilIIer and Jim Miller Builders alk/a Jim Miller Custom Builders, alk/aJ Jim Miller Builders (sometimes collectively referred to as "Defendants") as follows: INTRODUCTION 1. Plaintiffs, by way of this action, seek to recover damages for the Defendants various breaches of a residential home construction contract for work not completed, work completed but not in accord with contract specifications, for defective work, and for repairs to work not properly performed, This action was first commenced against the Defendants by a writ summons, PARTIES 2. Plaintiffs are husband and wife who currently reside at 15 Appaloosa Way, Carlisle, Pennsylvania, 17013. 3, Defendant Richard Miller is an adult individual who resides at 29 Tannery Road, Dillsburg, Pennsylvania, 17019, 20548_1 4, At all times material hereto, the Defendant Richard Miller operated a custom home building business as a sole proprietorship, which he at various times material hereto, represented to the Plaintiffs as Jim Miller Builder, a/k/a Jim Miller Custom Builders, and Jim Miller Builders. 5, At all times material hereto, the Defendants conducted their business from a location known as 215 Old York Road, Dillsburg, Pennsylvania, 17019, BACKGROUND 6, Sometime in early 1998, Plaintiffs contacted the Defendant Richard Miller to discuss the construction of a new custom home in a development called the "Ridings" located in Middlesex Township, Cumberland County, Pennsylvania, 7, As a result ofthese discussions, the parties, on or about April 2, 1998, entered into an agreement for the construction of a new home in the Ridings where the Plaintiffs now reside with an address of 15 Appaloosa Way, Carlisle, Pennsy1vanila, 17013, 8, The documents executed between the parties consisted of a "Construction Agreement" and "Specifications", which together formed the basis for the agreement (herein collectively "Agreement") with the Defendants for the construction of their new home, A copy of the Agreement is attached hereto as Exhibit "A", 9, The agreed upon price for the construction of Plaintiffs new home under the Agreement as first executed between the parties before any changes subsequently agreed to between them was for $541,000, 10. Defendant Richard Miller executed the Agreement individually, and as "Jim Miller Builder", although at various times throughout the construction of thf' Plaintiffs' new home, either 20548_1 individually, or acting through others on his behalfrepresented himself either as "Jim Miller Custom Builders" or "Jim Miller Builders". 11, The Agreement called for the construction of the Plaintiffs home to be substantially completed in 210 days from commencement of construction with settlement on or before October 30, 1998, 12, On or about October 31,1998, the Plaintiffs performed an inspection of the home in anticipation of moving into the property and advised Defendants by facsimile dated October 31,1998 of the following work that still needed to be compkted under the Agreement: a) Five Lamposts were paid for in the contract and were to placed as per the drawing on the plan, 2 in the front of the driveway, 2 by the garage and one on the side of the house near the office. One ofthe lamposts is to include a mailbox; b) Dental molding to be installed outside the hDuse; c) Toilet bowl in powder room was wrong and needs to be replaced with what was ordered; d) Skylights needed to be installed in the two bedrooms where windows were eliminated; e) Chimney on the roof needed to be installed; f) Water testing and if needed a water purification system had to be installed; g) Door locks, handsets, knockers, kick plates Dn front doors, side doors, office door and garage door had to be resolved; h) Cable TV outlet was to be provided in the basement; i) Lawn sprinkler system was to be discussed; and 20548_1 j) The status of the concrete driveway and if money was left over, the amount to be applied to a stamp concrete border still had to be determined, 13, Plaintiffs moved into the home on or about November 4,1998, the date the parties closed on the property, 14, From the date of !he inspection of the property before possession until October 2001, Plaintiffs were in intermittent verbal and written communication with Defendants about items that needed to be completed, repaired or replaced in !h,e home to comply with their Agreement. 15, A list of work to be completed was subsequently typed and signed by Richard Miller and provided to the Plaintiffs the morning of closing, That typewritten list stated, in relevant part, the following work needed to be completed: a) Trim around mirror in Great Room; b) Moldings on Front of home; c) The 5 Exterior Columns covered in Dryvit; d) The false chimney; e) Landscape & Seed Planted; f) Final Grade; g) Replace Glass on Front Door; h) Security System Installed by ADT; i) Install Baldwin Locksets; j) Complete Exterior Painting; k) Fireplace Start Up and Glass Doors Installed; 20548_1 1) Seiffert Complete Kitchen According to Contract with Joe & Charity Palumbo; m) Hang Lights According to Specs; n) Central Vac installed; 0) Shower Door installed; p) Sink Bowl in Basement; q) Humidifier, Air Cleaner Installer; r) Carpet; s) Credits; t) Hardwood replaced or cleaned in den;. u) Skylight installed if possible; v) Some kind of window installed in computer room, 16, Handwritten notations to this list added banister and steps to be stained, port lights, and water by the garage for car washing, 17. Plaintiffs also notified Defendants on a separate piece of paper the morning of closing of the following additional items to be completed and/or repaired: a) The stamp concerete in the back balcony; b) Marble flooring that has to fixed or n:placed; c) Wood strip in the famly room and ofJlce; d) Weather strip on all doors; e) Pergo flooring in the basement almost all connections are protruding and will be dangerous in the future; f) Railings outside; 20548_1 g) Glass ofthe front door has still to be fixed; h) All the wood around the French doors are chipping and cracking, 18. After closing on the property, Plaintiffs in approximately latt) December 1998 or early January 1999, wrote Defendants reminding them that everything was to have been finished in a couple of weeks and further advised, inter alia, that: a) the french doors in front leak when it rains; b) the banisters were not stained; c) painting touch-up was not done; d) the heating vent in the master bath was not done; e) gutters leak; f) the door to Mr. Palumbo's office was tmacceptable; g) bookshelves were not complete; and h) that Plaintiffs should have held more money in escrow, 19, On or about June 4,1999, Richard Miller provided to Plaintiffs a two page handwritten "Punch List" of items the parties agreed needed to be completed at the newly constructed home on a Jim Miller Builder "Change Order" form that was revised to be a Punch List. 20. The Punch List was signed by Richard Miller and by Joseph Palumbo, 21, This Punch List specifically provided that it was to become a part of and in conformance with the parties existing contract. 22, The "Punch List" included the following items; a) Trim around mirror Great Room; b) Fix Mail Box and Address Plate; c) False Chimney; 20548_1 d) Clean up and mulch 2 sides of front; e) Replace glass on front door; f) Garage Doors Painted; g) Allcrete slab in back to be fixed; h) Seiffert Completion of bookshelves and desk; i) Hang light in Edward's Room; j) Landscape pillars; k) Change front and Back Rail; 1) Gate; m) Complete Flooring; and FIX n) Leak around Front Doors; 0) Repair Furnace and Air conditioning; p) Install moldings in Edwards Room; q) Change filter system; r) fix plywood in girl's bedroom; s) Replace screens; t) Paint touch ups; u) Repairs to Joe's Door; v) Credit for Air Purification System; w) Water spicket by garage door; x) Change water outside (not soft); y) Caulk door in basement and basement window; z) Gutter extension; 20548_1 aa) Extend sump pump drain; bb) Screw gutter in 23, By letter dated November 10, 1999 Joseph Palumbo advised Defendants that most items from the June 4, 1999 Punch List remained incomplete and made specific reference to certain needed repairs, 24. In fact, while Defendants attempted to complete certain work and make repairs, work has yet to be completed and/or some of the repairs made have failed, 25. On March 8, 2000, Plaintiff faxed to Defendant a message concerning the continued need for resolving items on the Punch List and further identifying damage due to neglect of repairs. 26, By letter dated October 9, 2001 and delivered by certified mail to Defendants at 215 Old York Road, Dillsburg, Pennsylvania 17019, Plaintiffs advised Defendants that they had expected to hear from him in regard to unfinished items on the June 4, 1999 "Punch List" and to discuss repair of the concrete back porch. Plaintiffs asserted that they would turn the matter over to their attorneys if they did not hear from Defendants by October 30,2001. 27, On October 18,2002, Plaintiffs again wrote Defendants advising that they had sought counsel and enclosed an estimate by another contractor to complete items on the Punch List and to repair defects, Plaintiffs also indicated that estimate did not include costs to: a) prevent damage to the basement caused by negligent installation of rain spouts, gutters, and improper grading; b) remediate mold in the basement, sliding doors and concrete areas and drains; c) install dentil molding; d) install a water spigot at the garage; 20548_1 e) repair/replace damaged floor areas in a bedroom caused by the need to caulk and insulate spaces under the floor; f) extend the sump pump to the sewer drain; g) repair molding surrounding the dining room mirror; h) regrade the side yard that was erroneously excavated for a foundation; and i) enlarge guest room to offset space lost by failure to install the central vacuum system, Plaintiffs, in this same letter, demanded $60,000 of Defendants, or suit would be filed, No response by Defendants was ever received, 28, Despite Defendants' few attempts to complete or repair work, most of the items complained of by Plaintiffs remain outstanding as of the date of this action, COUNT I - BREACH OF CONTRACT FAILURE TO COMPLETE WORK 29. The averments of paragraphs I through 27 are incorporated herein by reference as though the same were set forth herein at length, 30, As of the date of this action Defendants, despite demands to the contrary, have failed to complete at least the following items of work: a) dentil molding; b) installation of windows and/or skylights; c) the false chimney; d) mirror trim in great room; e) front home molding; 20548_1 f) replacement of front door glass; g) exterior painting; h) central vacuum installation; i) air cleaners; j) garage spigot; k) paint touch-up; I) garage door painting; m) driveway gate; n) bedroom moldings; 0) caulking on basement door and windows. p) installation of front door deadbolt and astrigal; q) second floor balcony moldings; 31, The Defendants failure to complete work agreed to under the parties Agreement constitutes a breach of the parties' contract. 32, As a result of the Defendants' breach ofthe parties' Agreement to complete work, the Plaintiffs have sustained damages of approximately $60,000, WHEREFORE, the Plaintiffs request that judgment be entered in their favor and against the Defendants for $60,000, plus interest, costs, and such other and further relief that this Court deems appropriate, COUNT II - BREACH OF CONTRACT DEFECTIVE WORK 33, The averments of paragraphs 1 through 32 are incorporated herein by reference as though the same were set forth herein at length, 20548_1 34. Throughout the course of the Defendants' performance und<:r the parties Agreement, the Defendants completed at least the following work in a defective manner: a) the stamped concrete back balcony; b) the front porch stamped balcony; c) the concrete stamped front steps; d) weather stripping on front door; e) Pergo flooring in the basement; f) front door glass; g) wood around french doors chipping and cracking; h) french doors leak when it rains; i) drywall at the front doors is buckled from moisture; j) mail box and address plate; k) plywood in girls bedroom; I) office doors not properly installed; m) rain spouts and gutters; n) improper grading; 0) side-yard excavation; p) sump pump drain not connected to sewer line, 35, The Defendants performance of defective work under the parties Agreement constitutes a breach of the parties' contract. 36. As a result of the Defendants' breach of the parties' Agreement in performing defective work, the Plaintiffs have sustained damages of approximately $60,000, 20548_1 WHEREFORE, the Plaintiffs request that judgment be entered in their favor and against the Defendants for $60,000, plus interest, costs, and such other :md further reliefthat this Court deems appropriate, COUNT III - BREACH OF CONTRACT FAILURE TO REPAIR WORK 37, The averments of paragraphs 1 through 36 are incorporated herein by reference as though the same were set forth herein at length. 38, Throughout the course ofthe Defendants' performance of work under the parties Agreement, the Defendants either attempted to repair defective work which continued to fail, and/or refused to repair defective work in at least the following respects: a) repairs to the stamped concrete back balcony failed; b) floor trim in the family room was replaced but failed; c) Pergo flooring in the basement was replaced and continues to fail; d) repairs to home office doors were not appropriate and trim has become damaged; e) repairs to front door leaks continue to fail; f) gutter extensions repairs not properly installed; g) damage from improper repairs to back balcony porch; h) mold in basement as a result of improper work and/or repaIrs; i) repair to bedroom floor dwe to failure to caulk or insulate floor; and 20548_1 j) failure to repair guest room due to failure to install central vacuum system. 39. The Defendants failure to properly repair work under the parties Agreement constitutes a breach of the parties' contract. 40. As a result of the Defendants' breach of the parties' Agreement to repair work, the Plaintiffs have sustained damages of approximately $60,000, WHEREFORE, the Plaintiffs request that judgment be enter,~d in their favor and against the Defendants for $60,000, plus interest, costs, and such other ,md further relief that this Court deems appropriate, ~'lli>i""d, Victor p, Sta lie, Esquire DILWORTH PAXSON LLP 112 Market Street, 8th Floor Harrisburg, P A 1710 I (717) 236-4812 Date: July 1, 2003 20548~1 VERIFICATION Subject to the penalties for falsification to authorities prescribed by 18 Pa C.S, 94904, I hereby certifY that the facts stated in the foregoing are true and correct to the best of my personal knowledge, information and belief. /;:/ /~f/~/. r~/~~ VERIFICATION Subject to the penahies for fulsification to authorities ]prescribed by 18 Pa, C.S. S4904, 1 hereby certifY that the facts stated in the foregoing are true and correct to the best of my personal knowledge, information and belief. r~ k ,"'T ( Exhibit A U4/14/Y8 U8:19 FAX 717 766 1294 CAPITAL lIARKETS ~ JOEPALUlIBO I!!I 003 JIM MILLER BUILDER 215 OLD YORK ROAD DILLSBURG PA 17019 PHONE: 432-3637 FAX: 432-0528 Jl? f. > P J' ' CONSTRUCTION AGREEMENT THIS AGREEMENT MADE THIS 2ND DAY OF APRIL, 1998, BY AND BETWEEN. JOSEPH & CHARITY PALUMBO RESIDING AT 9 ASCOT PLACE NORTH BRlJNSWICK N.], 08902 HEREINAFTER REFERRED TO AS THE OWNER, AND JIM MILLER BUILDER HEREINAFTER REFERRED TO AS THE CONTRACTOR. WITNESSETII, THAT THE PARTIES HERETO AGREE, AS FOlLOWS: PRICED: PAYMENT: THE OWNER AGREES TO PAY TO THE CONTRACTOR FOR THE PERFORMANCE OF THE WORK HEREIN SET FORTH, TIIE SUM OF 541,000,00 AS FOLLOWS: SETILEMENT TO BE ON OR BERFORE OCTOBER 30 1998 2. TIME OF COMPLETION: THE WORK TO BE PERFORMED BY THE CONTRACTOR SHALL BE SUBSTANTIALLY COMPLETE WITHIN 210 DAYS OF COMMENCEMENT OF CONSTRUCTION. EXCEPT AS OTHERWISE PROVIDED HEREIN. 3. PLANS INCLUDED IN AGREEMENT: THE AFORESAID BUILDING SHALL BE ERECTED IN ACCORDANCE WITH THE FINAL WORKING BLUEPRINTS AND SPECIFICATIONS, WHICH SHALL BE DULY EXECUTED AND WHICH ARE MADE A PART OF THIS AGREEMENT, AND WHICH ARE HEREAFfER CALLED "AGREEMENT". CONTRACTOR SHALL FURNISH ALL MATERIALS AND PERFORM ALL THE WORK AS REQUIRED TO COMPLETE THE BUILDING IN ACCORDANCE WITH THIS AGREEMENT, EXCEPT THAT WORK AND MATERIAL TO BE PERFORMED BY OWNER AS PROVIDED HEREIN. IN THE EVENT OF ANY DISCREPANCY BETWEEN THE DRAWINGS AND THE SPECIFICATIONS, THE SPECIFICATIONS WILL RULE. 4, LOCA nON OF BUILDING: EXCAVATION: THE CONTRACTOR WILL, AT IT'S OWN COST, STAKE OUT TIlE FOUNDA nON ON THE OWNER'S LOT USING o! [/1 ~ tJ~ . ~11J 41 / ~ tv {I?/ J 0 l:7 aD [it Ii ~1'f V't/1"1:lbQ VO:ZU J"AA 11i nit1 JZ~4 CAP !TAL IlARKETS 4 JOEPALUMBO ~004 CONTRACTOR'S JUDGMENT AS TO 1HE HOUSE PLACEMENT AND ELEVATION ADVISING OWNER OF SAME. CONTRACTOR WILL EXCAVATE AND ERECT THE FOUNDATION, MACHINE BACKFIll.. TIlE FOUNDATION WITH MATERIALS EXCAVATED UPON THE PREMISES AND COMPLETE TIlE STRUCTURE IN ACCORDAt'llCE WITH THE AGREEMENT, OWNER AGREES, TIlA T IN THE EVENT ADDITIONAL BACK-FILL IS REQUIRED, THAT IT SHOULD BE PROMPTLY SUPPLIED BY OWNER AT OWNER'S COST. 5. UNUSUAL CONDITIONS: (A) IN TIlE EVEI'<'T THAT TIlE CONTRACTOR ENCOUNTERS ANY UNUSUAL CONDITIONS DURING TIlE COURSE OF CONSTRUCTION, SUCH AS SOLID OR MACIDNE ROCK, QUICKSAND, SINK HOLES, WATER, SPRINGS AND TIlE UNUSUAL CONDITION REQUIRES ANY 01HER WORK WHICH. IN TIlE OPINION OF TIlE CONTRACTOR IS CONSIDERED TO BE UNUSUAL, SUCH AS 1HE REMOVAL OF ROCK BY BLASTING OR DRIu..ING OR THEm. SPECIAL EXCA VA TION, OR THE INSTALLATION OF SPECIAL FOOTINGS, SUB-BASE, FOUNDA TION WALLS OR DRAIN TILES, THE CONTRACTOR SHALL BE . COMPENSATED ADDITIONALLY BY OWNER FOR SUCH WORK AND MATERIALS PROVIDED AT CONTRACTOR'S USUAL RATES AND CHARGES, (B) UPON DISCOVERY OF THE UNUSUAL CONDITION, CONTRACTOR SHALL PROMPll. Y GIVE OWNER NOTICE TIlEREOF, OWNER SHALL HAVE TIlE OPTION OF AGREEING TO CONTRACTOR PERFORMING 1HE EXTRA WORK OR OF TERMINATING 1HIS CONTRACT, OWNER SHAll.. GIVE THE CONTRACTOR WRITTEN NOTICE OF HIS ELECTION WITHIN FIVE (5) DAYS OF OWNER'S RECEIPT OF THE CONTRACTORS NOTICE. IF OWNER ELECTS TO TERMINATE THIS AGREEMENT, OWNER SHALL PAY TO TIlE CONTRACTOR 1HE ACTIJAL COST PLUS FIITEEN (15%) PERCENT. TIlE CONTRACTOR SHALL APPLY ANY ADVANCES MADE BY TIlE OWNER TO SUCH PAYMENT DUE FROM TIlE OWNER UPON TERMINATION AS AFORESAID AND SHALL REFUND TIlE EXCESS, IF ANY. UPON TERMINATION AS AFORESAID, OWNER DOES HEREBY REMISE AND RELEASE CONTRACTOR FROM ANY CLAIMS WHATSOEVER ARISING OUT OF 1HIS AGREEMENT. IF TIlE OWNER FAILS TO REPLY IN WRITING WITHIN FIVE (5) DAYS TO 1HE CONTRACTOR'S NOTICE, TIlE CONTRAC'i'OR MAY, AT IT'S OPTION, ELECT TO TREAT1HIS AGREEMENT AS TERMINATED AND OWNER SHALL BE LIABLE FOR THE PAYMENTS UPON TERMINATION AS SET FORTH HEREINABOVE, CONTRACTOR SH,ALL GIVJ' OWNER l'RI~OTICE OF SAID ELECTIONA,.JP I!U04'J( /K/J7/-:J ,?/E..J 0_' //9'...a ~ (C) IN TIlE EVENT THAT ADDITIONAL CONCRETE IS REQU D FOR DEEPER FOOTERS TIIAN ARE HEREIN PROVIDED BECAUSE OF SITE CONDITIONS. OWNER HEREBY AU1HORIZES CONTRACTOR TO SUPPLY AND INSTALL TIIE V'fIJ.""/l:lQ va."''' I'n.A i:"t 100 .l"'~"l \.,.R.r 111\L J1AKJ\ln~ -+ JUJ:H"ALUMBU Ii!! 005 ADDITIONAL CONCRETE AND OWNER AGREES TO COMPENSATE THE CONTRACTOR FOR TIIE COST OF SUCH ADDITIONAL CONCRETE. 6. EXCUSED DELAYS: THE CONTRACTOR SHALL NOT BE LIABLE FOR ANY DELAY IN THE PROSECUTION OR COMPLETION OF THE WORK CAUSED BY THE ACT, NEGLECT, DEF AUL T OF THE OWNER, OR AS A RESULT OF CHANGES OR ALTERATIONS IN THE PLAN AND SPECIFICATIONS MADE BY THE OWNER, OR BY DAMAGE BY FIRE, EARTIIQUAKE OR OTHER CASUALTY FOR WHICH THE CONTRACTOR IS NOT RESPONSIBLE, OR BY ~ STRIKE, W ALK-OUTS OR ANY OTHER 1.01 OF IiHPJo S......:EIDOR SUPPLIERS 0 LABOR OR MATERIALS, OVER WHICH THE CONTRACTOR HAS NO CONTROL OR FOR WHICH THE CONTRACTOR IS NOT RESPONSffiLE. IN ANY SUCH EVENT THE TIME HEREIN FIXED FOR TIIE COMPLETION OF THE WORK SHALL BE EXTENDED FOR A PERIOD OF EQUIVALENT TO THE TIME LOST BY REASON OF ANY OF THE CAUSES AFORESAID, PROVIDED, HOWEVER, TIIAT NON-PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR IS EXCUSED WHEN SUCH NON-PERFORMANCE IS CAUSED BY AN ORDER OF ANY COURT OR OTHER PUBLIC AUTIIORITY, BY ANY GOVERNMENTAL CONTROL, REGULATIONS, RESTRICTIONS OR ALLOCATIONS OR LABOR, SUPPLIES AND MATERIALS INSTITUTED BY STATE OR MUNICIPAL OR GOVERNMENTAL AGENCY FOR ANY REASON WHATSOEVER. (7.) SURVEY REOUIRED: OWNER SHALL, PRIOR TO START OF CONSTRUCTION, PROVIDE CONTRACTOR WITH A PLOT PLAN AND SURVEY PREPARED BY A REGISTERED PROFESSIONAL SURVEYOR OR ENGINEER AND OWNER SHALL CAUSE THE LOT TO BE FIXED WITII STAKES OR PINS INSTALLED UPON TIIE AFORESAID PREMISES BY TIIE REGISTERED PROFESSIONAL SURVEYOR MARKING THE LIMITS AND BOUNDARIES OF OWNER'S LOT. (8.) PERMITS: lITILlTlES: THE OWNER HEREBY AUTHORIZES AND APPOINTS CONTRACTOR TO OBTAIN AT TIIE BUILDERS EXPENSE, ALL NECESSARY PERMITS OR AUTHORIZATIONS FROM ALL MUNICIPAL BUREAUS AND DEPARTMENTS OR UTILmES WHICH MAYBE REQUIRED FOR THE CONSTRUCTION OR OCCUPANCY OF SAID DWELLING HOUSE, AND TO THAT END, AUTHORIZES THE CONTRACTOR TO EXECUTE THEIR NAMES T~ ANY APPLICATIONS FOR SUCH PERMITS OR AUTHORIZATIONS.:rIm O'i\'HE SIIALL PROVIDE AND PAY FOR ~LECTRIC, WATER, SEWER AHlpm A TING "'~ fUEL OR DH?RQY W BE DEED ~IC COHS'fRUC'ffON. 'V (9.) WORK BY OWNER: IN THE EVENT OWNER DESIRES TO PROVIDE LABOR AND MATERIALS NOT INCLUDED IN THIS AGREEMENT, HE SHALL NOT DO SO WITHOlIT THE PRIOR APPROVAL OF THE CONTRACTOR AND SHALL DO SO ONLY IN SUCH A MANNER AS TO NOT DELAY TIlE PROGRESS OF THE CONTRACTOR'S WORK. OWNER FURTHER AGREES TO NOT INTERFERE \1"" 1-'t/ 170 VO; "':I: I'.t\.A (~I 100 J""t114 \jiU'l"1:AL MAK.K.ETS -+ JOEPALUMHO ~006 WITH THE MATERIAL PROGRESS OF THE WORK. IN TIlE EVENT OWNER DOES NOT PROMPTLY COMPLETE THE WORK HE IS OBLIGATED TO DO HEREUNDER, CONTRACTOR MAY COMPLETE IT AND OWNER SHALL PAY CONTRACTOR COST PLUS 15% FOR OVERHEAD, SUPERVISION, WORK AND MATERIALS. SHOULD THE OWNER, IN THE SOLE OPINION OF CONTRACTOR, INTERFERE WITH THE CONSTRUCTION OR FAIL TO SCHEDULED PAYMENTS WHEN REQUESTED. CONTRAcrOR MAY CONSIDER. SUCH FAILURE A BREACH OF THIS AGREEMENT AND THAT BREACH WILL EXCUSE CONTRACTOR FROM FURTHER PERFORMANCES AND CONTRACTOR SHALL RECEIVE ALL SUMS DUE HEREUNDER, INCLUDING PROFIT LOSS, (l D-A) INSURANCE: RISK OF LOSS: THE OWNER SHALL, DURING THE PROGRESS OF THE WORK, MAINTAIN INSURANCE ON TIlE SAME AGAINST LOSS OR DAMAGE BY FIRE, AS WELL AS INSURANCE TO PROTECT TIlE CONTRACTOR AND TIlE OWNER AGAINST ANY LOSSES, CLAIMS ACTIONS OR SUITE EITIlER AT LAW OR EQUITY FOR INJURY TO PERSONS OR DAMAGES TO PROPERTY, THE POLICIES TO COVER ALL OR INCORPORATED IN TIlE BUILDING, AND ALL MATERIALS FOR TIlE SAME IN OR ABOUT THE PREMISES, AND TO BE MADE PAYABLE TO THE PARTIES HERETO, AS THEIR INTEREST MAY APPEAR. OWNER DOES HEREBY AGREE TO BE RESPONSIBLE FOR ANY THEFT, MALICIOUS MISCHIEF AND VANDALISM UPON ALL MATERIALS IN OR ADJACENT TO TIlE STRUCTURE INTENDED FOR USE THEREON. OWNER DOES FURTHER AGREE THAT THE RISK OF LOSS OF ANY WORK OR MATERIALS PERFORMED OR FURNISHED UNDER TIlE TERMS OF TIllS AGREEMENT THROUGH FIRE, VANDALISM, TIlEFT, MALICIOUS OR ANY OTHER HAZARD SHALL BE UPON OWNER. (lD-B) BUILDER'S LIABILITY INSURANCE: THE BUILDER SHALL MAINTAIN SUCH INSURANCE AS WILL PROTECT HIM FROM CLAIMS UNDER WORKMAN'S COMPENSATION ACTS, AND FROM CLAIMS FROM DAMAGES BECAUSE OF BODILY INJURY, INCLUDING DEATH, WHICH MAY ARISE FROM AND DURING OPERATIONS UNDER THIS CONTRACT. CERTIFICATION OF SUCH INSURANCE SHALL BE FILLED WITH THE OWNER, 01) STIPULATION AGAINST LIENS: CONTEMPORANEOUSLY WUH THE SIGNING OF THIS AGREEMENT, TIlE CONTRACTOR SHALL EXECUTE AND DELIVER TO THE OWNER A PROPER STIPULATION AGAINST ANY AND ALL MECHANICS LIENS, WHICH STIPULATION AND WAIVER MAYBE FILED BY TIlE OWNER IN THE APPROPRlA TE PROTHONOTARY'S OFFICE AT OWNER'S EXPENSE. (12) COMPLIANCE WITH CODES: ADDITIONAL COST;JN THE EVENT THAT ANY MUNICIPALITY OR GOVERNMENTAL ORDINANCE, CODE OR REGULATION REQUIRES PLUMBING, ELECTRICAL, OR OTHER REQUIREMENTS DIFFERENT FROM OR IN ADDITION TO THE PROVISIONS OF Vt/L~/~O uO;lD rAA {ll IUU lZ~4 <:A1' l"lAL IlARKETS 4 JOEPALUMBO :{!,] 007 THIS AGREEMENT, CONTRACTOR SHALL GIVE OWNER NOTICE OF SAME, AND OWNER SHALL COMPENSATE CONTRACTOR FOR ANY ADDI'l10NAL WORK A}.,'l) MATERIALS REQUIRED BY T HE AFORESAID REGULATION OR ~ MUNICIPALITY AT CONTRACTOR'S USUAL RATE. \\,~~ (13) SUBSTITUTION OF MATERIALS: IN THE EVENT THAT THE CONTRACTOR ~ '\ IS 'UNABLE TO OBTAIN TIffi EXACT MATERIALS SPECIFIED ON THE PLANS ~rt AND SPECIFICATIONS OR ON THE OPTIONS A1T ACHED HERETO, THROUGH ,~~':JI THE CONTRACTOR'S ORDINARY AND USUAL SOURCES OF SUPPLY, THE b :JI~ CONTRACTOR SHALL HAVE THE RIGHT TO SUBSTITUTE MATERIALS OF \ SIMlLARPATIER, DESIGN AND QUALITY. <fX.<I.Ji,L (]4) OWNER'S WARRANTIES: OWNER COVENANTS, REPRESENTS AND W'f/'~N?r WARRANTS TIll.TlHS LAND CONf'OR:M3 'f0 ALL roHRIG, Pi A NT\IING Al'J"D OTIII3R BUlLDlNG RBQlJlREHEHfS, TIIAT IHS PARCCL OF LI.ND IS SUIT.~ ~r p Rf)l1 TIn' CONSnWCTION RI:QUlRID AND PROVIDL--D illlDER TIIE~ Ui:F,)4~ OF 1JJIS A GPRllUI;Hf; TIY.T THB PREMISES L~ uaVIilI.., FlUlIil Of TREES MlD MIY O-r:r,mR HST T:\1. CONDITIONS, milCH WILL ENT.'.IL-. ~f\T"In::ro:w A 1. COST ....ND B-XPCNSr; TO FRLFARE TIlE SITE FOR eOHSTRUC'fION Thn1U.>UN, iliA! !HEJlli 1S KVIUJ ACCESS Tf) 11iE .PRBl.fIEES, ALLOWRW TROUDLI: FRL-<E Al-lD UHRfffiItl\.UI'IBB MO'v'flMENT er VEIHCLI3S, MACllll4BltY ANI'} BQUIfMEHf, INCIDBNT/..L TO TIm WORK Of CON8TRrTCU9N; THAT HE IS TIffi OWNER OF RECORD OF THE AFORESAID PREMISES; THAT THERE ARE NO UNRECORDED DEEDS; THAT TITLE IS GOOD, MARKETABLE AND INSURABLE BY ANY REPUTABLE TITLE COMPANY; THAT A PERPETUAL RIGHT OF WAY EXISTS TO THE PREMISES; THAT THE SAID PREMISES IS FREE OF ANY LIENS, EASEMENTS, ETC,,; THAT THERE ARE NO ACTIONS, CAUSE OF ACTIONS, OR CLAIMS WHICH MIGHT AT A LATER DATE IMPAIR THE TITLE. THE OWNER SHALL,AT HIS EXPENSE, FORTHWITH REMEDY ANY BREACH OR VIOLATION HEREOF WHICH MAY EXIST OR ARISE AT ANY TIME. THE OWNER PARTICULARLY UNDERSTANDS AND AGREES THAT EACH COVENANT, REPRESENTATION, AND WARRANTY, HEREIN CONTAINED, IS SEVERALLY OF THE ESSENCE OF THIS AGREEMENT AND THE BREACH OR VIOLATION OF ANYONE SHALL EXCUSE PERFORMANCE OF CONTRACTOR ([5) INSPECTION: OCCUPANCY: CONTRACTOR AT ANY REASONABLE TIME PERMIT OWNER TO INSPECT SAID CONSTRUCTION AND BUILDINGS BUT OWNER SHALL NOT BE ENTITLED TO KEYS OR POSSESSION OF THE BUILDING PRIOR TO PAYMENT OF ALL SUMS DUE UNDER THIS AGREEMENT INCLUDING EXTRA WORK. IN NO EVENT SHALL THE OWNER OCCUPY OR TAKE POSSESSION BEFORE FINAL PAYMENT HAS BEEN MADE. IN THE EVENT OVlNER BREACHES TIllS PROVISION HE SHALL BE DEEMED TO HAVE EXCEPTED THE HOME "AS IS" AND DOES HEREBY WAIVE ANY U4/14/9~ O~:2~ ~~X 7"7 766 1294 CAP !TAL IlARKETS ~ JOEPALU1!BO lfIl008 CLAIMS AGAINST CONTRACTOR, A BREACH OF THIS PROVISION BY TIffi O'l..'NER, SHALL BE CONSIDERED A BREACH OF THE CONTRACT BY THE OWNER AND SHALL ENTITLE THE CONTRACTOR TO STOP WORK OR TERMINATE TIllS CONTRACT AND RECOVER FROM THE OWNER PAYMENT FOR ALL WORK EXECUTED AND ANY LOSS SUSTAINED INCLUDING PROFIT AND DA~{AGES, (16) TRANSFER TAXES: OWNER AGREES TO PAY ALL REALTY TRANSFER TAXES. OWNER HAS BEEN ADVISED BY THE CONTRACTOR THAT THE TAXING AUfHORffIES MIGHT DEMAND THAT ADDITIONAL REALTY TRANSFER TAXES BE PAID FOR THE VALUE OF ANY HOME TO BE CONSTRl'CTED ON TIffi OWNER'S LOT. OWNER AGREES THAT IF DEMAND IS MADE UPON CONTRACTOR FOR REAUTY TRA l\SFER TAXES, OWNER WILL WITHIN FIFIEEN (15) DAYS AFTER DEMAND THEREOF BY EITHER THE CONTRACTOR OR THE TAXING AUTHORITY, AND AFTER A FINAL DETERMINATION WITH REGARD TO TIffi lMPOSmON OF SAID TAX HAS BEEN MADE, PAY ANY AND ALL ADDITIONAL REALITY TRANSFER TAXES, INTEREST AND PENAL TIES CLAIMED TO BE DUE ON ACCOUNT OF SAID TRANSACTION AND WIIL INDEMNIFY AND HOLD HARMLESS CONTRACTOR FROM ANY AND ALL LOSSES, TAXES, INTEREST AND PENALTIES ARISING AS A RESULT OF REALITY TRANSFER TAXES IMPOSED UPON TIDS TRANSACTION. (17) ENTIRE AGREEMENT: CHANGES: IT IS UNDERSTOOD AND AGREED THAT TIIEENTIRE AGREEMENT OF THE PARTIES IS CONTAINED IN TIllS CONSTRUCTION AGREEMENT, PLANS AND SPECIFICATIONS. THE PARTIES WARRANT THAT TIffiRE EXISTS NO OTHER AGREEMENTS, WRITIEN OR ORAL PERTAINING TO TIllS TRANSACTION. ANY OTHER WRITTEN AGREEMENT REQUIRED BY A FINANCING INSTITIJTION HEREAFTER SHALL BE SUPPLEMENTARY HERETO. NO CHANGES WILL BE MADE IN THE PLANS AND SPECIFlCATIONS UNLESS A WORK CHANGE ORDER HAS BEEN PREPARED IN WRITING, SIGNED BY CONTRACTOR AND OWNER, SPECIFICAIL Y STATING THE DETAILS OF THE CHANGE IN CONSTRUCTION AND THE ADDITIONAL COST THEREOF OR CREDIT TO BE ALLOWED AGAINST THE CONTRACTOR PRICE OF CONSTRUCTION, CONTRACTOR RESERVES THE RIGHT TO REFUSE TO APPROVE CHANGES WIDCH RESULT IN A SUBSTANTIAL ALTERATION OF THE PLANS AND SPECIFICATIONS, (18) OWNER'S DUTY TO REPORT DEFECTS: OWNER AGREES TO EXERCISE REASONABLE DILIGENCE IN ASCERTAINING AND REPORTING TO CONTRACTOR, AS WORK UNDER TIDS AGREEMENT PROGRESSES, ANY 0~/14/98 08:31 FAX 717 766 1294 CAPITAL lIARKETS . JOEPALUIlBO ~009 DEFECTS, DEVIATIONS OR DEFICIENCY IN PERFORMANCE OR MATERIAL, THE FAILURE OF OWNER TO SO ASCERTAIN AND INFORM CONTRACTOR, SHALL BE CONSIDERED A WAIVER OF ANY CLAIM BY OWNER THEREAFTER FOR SAID DEFECT, DEFICIENCY OR DEVIATION, OWNER AGREES, mAT ANY PROGRESS PAYMENTS MADE BY OWNER AS SET FORTH IN PARAGRAPH I OF THIS AGREEMENT, SHALL BE DEEMED IN FULL AND COMPLETE ACCEPTANCE OF SAID WORK PERFORMED BY CONTRACTOR UP TO THE TIME OF SAID PAYMENT, EXCEPT FOR mESE DEFECTS, DEFICIENCIES OR DEVIATIONS WHICH OWNER HAS ADVISED COl'.'TRACTOR OF IN WRITING AS HEREIN SET FORTH. (l9-A) NOTICE OF COMPLETION: FINAL INSPECTION: EXCEPT AS SETFORm HEREINABOVE, TIlE DWELLING SHALL BE CONSIDERED COMPLETE WHEN IT HAS BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WIm THE PLANS AND SPECIFICATIONS HEREINABOVE MENTIONED, OR IF REQUIRED, WHEN A CERTIFICATE OR OCCUPANCY HAS BEEN ISSUED OR WHEN SAID DWELLING HOUSE HAS PASSED FINAL INSPECTION BY THE MUNICIPAL, BOROUGH OR TOWNSHIP BUILDING INSPECTOR, OR LENDING INS'ITfUTION, UPON COMPLETION OF PERFORMANCE OF THE AGREEMENT, CONTRACTOR SHALL WITHIN FIVE (5) DAYS TIlEREAFTER, GIVE OWNER NOTICE OF SAID COMPLETION AND OWNER SHALL THEREAFTER WITIIIN FIVE (5) DAYS OF SAID NOTICE BY CONTRACTOR, INSPECT THE PREMISES WITH CONTRACTOR AND ADVISE CONTRACTOR, IN WRITING OF ANY DEFECTS, DEFICIENCIES, (19-8) FAILURE OF OWNER TO: (1) INSPECT; AND (2) GIVE NOTICE AS AFORESAID; AND (3) ENUMERATE SAID DEFECTS, SHALL BE DEEMED A WAIVER OF ANY CLAIM THEREAFTER BY OWNER OF SAID DEFECT, DEFICIENCY, AND OWNER HEREBY RELEASE CONTRACTOR FROM ANY CLAIM ARISING THEREFROM. (20) WARRANTY PROCEDURE: CONTRACTOR WARRANTS THAT FOR A PERIOD OF ONE YEAR FROM DATE OF COMPLETION, CONTRACTOR WILL REMEDY OR REPLACE OR REPAIR DEFECTIVE WORKS OR MATERIALS. THE LIABILITY OF THE CONTRACTOR UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPLACEMENT OR CORRECTION OF SAID DEFECTIVE MATERIAL OR WORKMANSHIP AND NO OTHER CLAIMS AND DEMANDS WHATSOEVER SHALL BE MADE UPON OR REQUIRED TO BE ALLOWED BY THE CONTRACTOR, EXCEPTED AND EXCLUDED FROM THE AFORESAID WARRANTY, SHALL BE CHIPS, BREAKS. SCRATCHES OR MARS IN ANY MATERIAL USED IN THE HOME, THAT ARE NOT ITEMIZED IN WRITING TO CONTRACTOR PRIOR TO POSSESSION; FROZEN PIPES: BRICK U4J .14iH~ "':33 CAA 717 766 1294 CAP !TAL IlARKETS ~ JOEPALUMBO 5ird/P14 C,tPC/c:.; /" ~Jf"'~f...f wrll h f),.:w -/0 (/otV~IJ?/1 ga:-~ c;o.-Je. DISCOLORATION; FL05lt SQUEAKS; CAULKING AND GROUTING, GROUND SETILEMENT; WARP AGE OR OTHER DEFICIENClES RESULTING FROM FAILURE TO CON1ROL HUMIDITY; GRADING PROBLEMS, CRACKS IN CONCRETE, DRYWALL OR PLASTER, BRICK OR WOOD, SHRINKAGE AND OTHER SE1TLEMENT PROBLEMS, VARIATIONS IN STAlNED WOOD SUCH AS CABINETS, DOORS OR TroM; DRYWALL NAlL POPS. NO WARRANTY SHALL APPLY TO OUTSIDE FREE FLOWING CONCRETE SLAB WORK. NO WARRANTY SHALL APPLY TO DAMAGES CAUSED BY WEATHER CONDITIONS, WATER SEEPAGE, LAND SETTI..EMENT, SrfE CONDITIONS, TERMITES OR ornER INSECTS. IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS WARRANTY APPLIES ONLY TO SUCH ITEMS AS BEAR NO MANUFACTURERS WARRANTY COVERlNG ANY ITEM FUR"<lSHED UNDER THIS AGREEMENT. NO OTHER WARRANTIES; EIlliER EXPRESS OR IMPLIED SHAlL APPLY TO rnIS CONTRACT. THE WARRANTIES CONTAINED HEREIN ARE PERSONAL TO THE OWNER AND ARE NOT TRANSFERABLE OR ASSIGNABLE AND THE OWNER DOES HEREBY EXPRESSL Y WAIVE ANY OTIIER WARRANTY. IN THE EVENT THERE ARE ANY DEFECTS IN WORKMANSHIP OR MATERIALS WITHIN THE AFORESAID ONE (I) YEARPEPJOD, OWNER SHALL PROMPTLY GIVE CONTRACTOR WRITTEN NOTICE OF SAME AND CONTRACTOR SHALL BE AFFORDED TIlE OPPORTIJNITY TO REMEDY, REPLACE OR REPAIR TIIE SAID DEFECTIVE WORK. OWNER'S FAILURE TO GIVE cmn'RACTOR WRITTEN NOTICE AS AFORESAID AND OWNER'S FAILURE TO AFFORD CONTRACTOR THE OPPORTUNITY TO REPLACE, REPAIR OR REMEDY THE SAlD DEFECTIVE WORK OR MATERIt\~ SHALL CONSTITUTE A WAIVER BY OWNER OF ANY CLAIM FOR SAID DEFECTIVE tvi<\TERIAL OR WORKMANSHIP. (21) UNUSED MATERIALS: IT IS UNDERSTOOD ~ND AGREED THAT THE OWNER SHALL NOT BE ENTITLED TO ANY MATERIAL, WHICH HAS NOT BEEN INCORPORATED INTO TIrE CONSTRUCTION, EXCEPT WHERE HE HAS SPECIFICALLY P AlD FOR SUCH fv1ATERIAL FOR HIS OWN PURPOSE. (22) BINDING EFFECT: THIS AGREEMENT SHALL BE BINDING UPON THE PARTlES, THEIR HEIRS. EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. (23) AGREEMENT NOT ASSIGNABLE: THIS AGREEMr-:NT SHALL NOT BE ASSIGNED BY OWNER. CONTRACTOR SHALL HA VB THE RIGHT TO ASSIGN THIS AGREEMENT AS IN THEIR SOLE DIRECTION. ill) NOTICES: ALL NOTICES HEREUNDER, FOR CONTRACTOR AND OWNER SHALL BE SENT TO ADDRESSES ON PAGE ONE (1) 01' THIS AGREEMENT, UNLESS OTHERWISE NOTIFIED, ~010 ~ \J4/14/110 U~:30 f'1A.l -'17 7tHS 1294 CAPITAL IlARKETS ~ JOE PALUMBO IqJ 011 IN WITNESS WHEREOF, TIlE PARTIES HERETO, INTENDING TO BE LEGALLY BOUND HEREBY, HAVE HEREUNDER SET THEIR HANDS AND SEALS THE DAY YEAR FIRST ABOVE WRITTEN. WITN~OWN~' DATE: _, ;:(z.~ _ WITNESS AS TO CONTRACTOR: DATE: y- 9-;!.f R~ . ,~~LER BUILDER ~C!~ fkh;/ V4IL~/~O UO;~O VAA r~1 ICD LZ~4 (;AI'lTAL IlARKETS ~ JOEPALL'MBO Ii!I 012 JIM MILLER BUILDER 215 OLD YORK ROAD DILLSBURG PA 17017 432-3637 FAX 432-0528 OWNER: JOSEPH & CHARITY PALUMBO ADDRESS: 9 ASCOT PLACE NORTH BRUNSWICK N.J. 08902 PHONE: 732-247-2297 LOTLOCATION: THE RIDINGS SPECIFICATIONS (l) GENERAL CONDITIONS THE PLANS, TOGETHER WITH THESES SPECIFICATIONS, ARE TO FORM 1HE BASIS OF THE CONTRACT AND ARE TO BE OF EQUAL FORCR SHOULD ANYTHING BE MENTIONED IN THESE SPECIFICATIONS AND NOT SHO,^,'N IN THE DRAWINGS, OR VISE VERSA, THE SAME SHALL BE FOLLOWED AS IF SET FORTH IN BOTH. IF IT IS NOT MENTIONED IN THE SPECIFICATIONS OR SHOWN ON TIIE DRAWINGS, IT IS NOT INCLUDED, IT IS TIIE OWNERS RESPONSIBILITY TO SEE mAT ALL WORK TO BE DONE IS REDUCED TO WRITING AND INCLUDED IN THESE SPECIFICATIONS. AT TIMES IT MAYBE NECESSARY TO DEVIATE FROM TIIESE SPECIFICATIONS OR PLANS TO INSURE PROPER CONSTRUCTION DUE TO SPECIAL OR UNFORESEEN CONDITIONS THAT EXIST OR ARISE DURING CONSTRUCTION, ANY DEVIATIONS MUST BE APPROVED BY BOm PARTIES, NEITIffiR PARTY SHALL TAKE ADVANTAGE OF ANY DISCREPANCIES IN THE PLANS OR SPECIFICATIONS. (A) BLUE PRINTS & DRAWINGS: JMB (B) BUILDING PERMITS: JMB (C) SEWER & SEPTIC PERMITS: JMB (0) OmER PERMITS & FEES: JMB (E) TEMPORARY ELECTRIC: JMB (F) TEMPORARY HEAT: JMB (0) JIFFY JOHN: JMB (H) SUPERVISION: JMB (I) DArL YCLEANUP: JMB (J) PROFESSIONAL FINAL CLEA.....: JMB "'/14/~' "':37 "AX 717 766 1294 CAPITAL IIARKETS . JOEPALUMBO Ii!l 013 (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) (M) (N) (0) (P) (2) SITEWORK TREE CUITING: JMB ALL STUMPS WILL BE BURIED ON JOB SITE UNLESS OTHER WISE STATED & ALL TIMBER WILL BE PLACED ON LOT AT BUIWERS CHOICE OF PLACEMENT UNLESS OTHERWISE STATED. STRIP TOPSOIL: JMB -EXCA V A TION:.lMl! FOUNDATION: JMB UTILITY TRENCHING: JMB BACKFILL AND ROUGH GRADE: JMB SPREADING EXISTING TOPSOIL: JMB (ANY DIRT THAT MUST BE HAULED IN WILL BE A ADDITIONAL CHARGE. ) SEPTIC SYSTEM ALLOWANCE: PUBUC HOOK UP (COST OF SEPTIC SYSTEM WILL VERY DEPENDING ON THE DESIGN AND TYPE OF SYSTEM REOUlRED. ) WELL DRILLING AND PUMP ALLOWANCE: DEVELOPER PAYS (COSTOF WELL DRILLING WILL VARY WITH DEPTH. YIELD. PUMPSIZEAND CASING.) LAWN GRADE AND SEED ALLOWANCE: 4000.00 ~ If' LANDSCAPE & SHRUB ALLOWANCE: 5000.00 fi If; FOOTER DRAINS: JMB ",'" L' SUMP PUMP AND PIT: JMB t'./ vi,,;,, DRIVEWAY ALLOWANCE: 510,000.00 BLACKTOP e~;'~.4J~' MISCELLANEOUS: NONE -i . lJ<" ROCK! DYNAMITE INVOICED AT COST PLUS 10",4 SUPERVISORY. HAUUNG OF FILL GROUND TO OR FROM SITE IS NOT INCLUDED UNLESS SPECIFIED UNDER SITE WORK. (3) CONCRETE (A) FOOTINGS CONCRETE: 3500 # 8X20 (B) CONCRETE FLOOR LOCATION: BASEMENT & GARAGE (C) CONCRETE PORCH LOCATION: AS PER PLAN SPEC (COBBLE STONE) (D) CONCRETE STOOP LOCATIONS: AS PER PLAN SPEC (COBBLE STONE) (E) CONCRETE WALK LOCATION: FRONT DOOR TO DRIVE (COBBLE sn (F) PUBLIC SlDEW ALKS: NONE (0) PRECAST BASEMENT ENTRANCE: AS PER PLAN SPEC (PATIO DOOR) (H) MISCELLANEOUS: NONE. ALL CONCRETE AREAS WILL HAVE A MINIMUM OF 4 INCHES STONE BASE. CONTRACTOR IS NOT LIABLE OF CRACKS THAT MAY OCCUR IN FLOATING SLABS. AS IN PATIOS & WALKS & DRIVES. BECAUSE. (xJ fbr "'V~ ..,f"., 6J of X H ~ U4/J.4/t;1~ U~:3~ .t'"A.1. 717 766 1294 CAPITAL IIARKETS ~ JOEPALUMBO Ii!I 014 4, MASONRY (A) (B) (C) (D) (E) (F) (G) (H) (I) CONCRETE BASEMENT FOUNDATION: WALLS TO BE 8 FT. HIGH BY 8 INCHES & ALL CRAWL. GARAGE. PORCH FOUNDATION TO BE 8-INCH BLOCK NOT TO EXCEED 5 COURSES. Dr- MASONRY FIREPLACE ALLOWANCE: NONE rn~ f> {'ftf\ ANY SPECIAL COLOaMerraR JOINT WIL COST. BRICK TO GRADE ALLOWANCE: NONE LOCATION: NONE BRICK WALKS ALLOWANCE: NONE LOCATION: N/A BRICK PORCH ALLOWANCE: NONE LOCATION: N/A BRICK VENEER LOCATION: NONE ALLOWANCE: STONE VENEER LOCATION: NONE DRYVIT LOCATION: AS PER PLAN SPEC (FRONT OF HOME ONLY) MISCELLANEOUS: NONE 5. METALS (A) STEEL I BEAM LOCATION: TO BE LOCATED IN BASEMENT (B) WINDOW WELLS: NONE (C) PRE-FABRICATED FIRE PLACE (GAS) ALLOWANCE INCLUDING VENTING, MANTEL, FACING & LABOR: $6000.00 (D) MISCELLANEOUS: NONE 6. CARPENTRY (A) FRAMING DETAIL: PER BOCA AND TOWNSHIP CODE. FLOOR JOIST SIZE: 2XIO SUB-FLOOR SIZE & TYPE: 3/4 T&G EXTERIOR WALL FRAMING SIZE: 2X4 EXTERlOR WALL SHEATHING: 7/160SB .....'.&.~'DU VO.,*V rt\.A {J.f 100 J."~'1 lVi\.r.1.1AL JlA.K.fi.~T:S -+ JU.KPALlIMHU FIRST FLOOR: 9 FT CEIliNG HEIGHT ROOF FRAMING: TRUSS & STICK BUILT ROOF SHEATHING MATERIAL: 7/160SB INTERIOR WALL FRAMING: 2X42X6 ALL FRAMING SPACING WILL BE 16 INCHES ON CENTER. EXCEPT ROOF TRUSSES WILL BE 24 INCHES ON CENTER. (B) STRUCTURAL BEAMS PER TOWNSHIP CODES (C) LAMINATED BEAMS: PER TOWNSHIP CODES (D) 'BASEMENT STAIRS: FACTORY BUILT PER TOWNSHIP CODE. (E) MAIN STAIR SYSTEM: BUILT PER TOWNSHIP CODE (OAK) ALL RAILING FOR MAIN STAIR SYSTEM TO BE PAINT GRADE UNLESS OTHERWISE STATED. (F) INTERIOR TRIM: MATERIAL - PAINT GRADE BASE: 3 1/4 CASING: 2 1/4 WINDOWSIll: JMB ../I'-"" WINDOW BENCH LOCATION: MASTER BATH ~lA CROWNMOLDINGLOCATION~ 1Y1""~rcl ;:;1J CHAIR RAIL LOCATION:~ ~""Y ~ MISCELLANEOUS TRIM: AS PER PLAN SPEC UNFINISHED TRIM AREAS: GARAGE (G) WOOD DECK SIZE: NONE LOCATION: NONE (H) SPECIAL INTERIOR TRIM: AS PER PLAN SPE(~ (1) EXTERIOR TRIM LOCATION: AS PER PLAN (J) PORCH POSTS & RAILINGS: AS PR PLAN SPEC {X) WOOD SIDING: NONE (L) SPECIAL EXTERIOR WOOD TRIM: NONE (M) MISCELLANEOUS: NONE ALL SHELVING TO BE VENTILATED TYPE, WillTE UNLESS SPECIFIED OTHER IN TillS SECTION. ~015 u~'~~/~C L~;O~ r^A ILl IOU ~~~4 t.:Al'l'iAL JtAKKKfS ~ JOEPALUllBO (7) THERMAL & MOISTURE PROTECTION: (A) FOUNDATION WATERPROOFING: JMB (B) OTHER PROTECTION: lMl!. (C) INSULATION: TO MEET ACT 222 (D) ROOFING MATERIAL: 25-YEAR DIMENSIONAL SHINGLES (E) SIDING MATERIAL: VIlvYL DUTCHLAP AMERICAN LEGEND (F) SOFFIT & FACIA MATERIAL: JMB (G) ALUMINUM WRAP: JMB (H) GUTTERS: ALL GUTTERS TO BE SEAMLESS (I) VENTILATION: RIDGEVENT &: SOFFIT (J) SEALANT & CAULKING: JMB (K) FL.ASHING: JMB (L) MISCELLANEOUS: NONE (8) DOORS & WINDOWS: (A) METAL DOORS LOCATION: FRONT. GARAGE FRONT ENTRANCE DOOR ALLOWANCE: 2500.00 ALL OTHER METAL ENTRANCE DOORS TO BE 6 PANEL OR 9 liTE 2 PANEL. (B) GLASS DOORS: AS PER PLAN SPEC SLIDING TYPE: FRENCH: ATRIUM TYPE: 15 LITE SINGLE: (C) GARAGE DOORS SIZE: 1- 8X7 1-16X7WITH OPENERS ALL GARAGE DOORS TO BE PANEL STYLE AND INCLUDES OPERATORS. (D) INTERIOR DOOR STYLE: 6 PANEL ALL INTERIOR DOORS TO BE PAINT GRADE UNLESS OTHERWISE SPECIFIED. !i!I 004 U4/14/~b lZ:52 ~Al 117 766 1294 CAPITAL JlARKETS ~ JOEPALUXBO (E) MISCELLANEOUS DOORS: NONE (F) BASEMENT WINDOWS: AS PER PLAN SPEC (G) WINDOWS: ALL WINDOWS TO BE VINYL DOUBLE HUNG. TAN INSULATED GLASS WITH SCREENS AND GRILLS. (H) SPECIAL WINDOWS: AS PER PLAN SPEC (I) SKYLIGHTS: NONE (J) FINISH DOOR HARDWARE INTERIOR & EXTERIOR: 1MB ALL HARDWARE TO BE POLISHED BRASS IN COLOR UNLESS OTHERWISE SPECIFIED. (K) EXTERIOR SHlfITERS STYLE: AS PER PLAN SPEC SHU1TERS TO BE LOCATED ON FRONT WINDOWS ONLY UNLESS OTHERWISE SPECIFIED. (L) MISCELLANEOUS: NONE (9) FINISHES: (A) WALLS AND CEILINGS TO BE DRYWALL SMOOTH FINISH. MISCELLANEOUS: NONE UNFINISHED AREAS: (B) CERAMIC TILE ALLOWANCE INCLUDING WONDER BOARD AND LABOR: (C) CARPET ALLOWANCE INCLUDING PAD AND LABOR: (D) VINYL FLOOR ALLOWANCE INCLUDING UNDERLA YMENT AND LABOR: (E) WOOD FLOOR ALLOWANCE INCLUDING LABOR: NONE TOTAL FLOORING ALLOWANCE INCLUDING UNDERLA YMENT, LABOR & FINISH FLOORING PRODUCT: $42.000.00 (F) :eXTERIOR PAINTING: 1MB ii!J 005 V'iJ.l'i/tJO .l";0,) 1".1\...\ ().( {DO l.~t:f4 CAt' !TAL IIAI{J(I!'fS ~ JOEPALUMBO l!I 006 (G) INTERIOR PAINTING: JMB DOORS: PAINTED TRIM: PAINTED WALLS AND CEILINGS WILL BE THE SAME COLOR IN ALL ROOMS UNLESS OTHERWISE SPECIFIED. (H) MISCELLANEOUS: (10) SPECIALTIES: (A) SHOWER DOOR: AS PER PLAN PICTURE (B) MIRRORS, LOCA nON: ABOVE ALL BATH VANITIES (C) FOLDING STAIRS, LOCATION: NONE (0) BATH ACCESSORIES: SELECTED BY BUILDER TO COMPLIMENT FAUCETS UNLESS OTHERWISE SPECIFIED. (11) EQUIPMENT: (A) (8) (C) (D) (E) (F) (G) (H) (1) CENTRAL V AC:JMB APPUANCE ALLOWANCE: 55000.00 BUIWER DOESNOT INSTALL APPLIANCES. OUOTES TO PURCHASE APPLIANCES ARE TO INCLUDE DELIVERY. TAXAND INSTALLATION. l'pA ~I {if rL V.J'lti. LAuNDRY CABINETS & TOPS ALLOWANCE: KITCHEN CABINETS & TOPS ALLOWANCE: BATH CABINETS & TOPS ALLOWANCE: TOTAL ALLOWANCES FOR (C) (D) (E): 525.000.00 BOOKSHELF ALLOWANCE: AS PER PLAN SPEC LOCATION: SECURITYSYSTEM:lM!!.. "',Nllk-~d SOUND SYSTEM~ 1 'V"' l' MISCELLANEOUS: NONE V4r.1'f/:10 J.~:".IJ rAA. 11'1 nits 12~4 CAP 1'l'AL IIARKETS 4 JOEPALIDlBO (12) MECHAl'<1:CAL: h ~~ C~\ (A) PLUMBING: FIXTURES TO BE WHAT.JfuF & tffmy PICKED OUT AT FAGERS PLUMBING SUPPLY WITH DARREL FlXTIJRE COLOR: POLISH BRASS FINISH. FAUCETS: DELTA OR MOEN KITCHEN FAUCET: DELTA OR MOEN WHIRLPOOL: MASTER BATH SHOWER: MASTER BATH TUB SHOWER COMBO: IN 2ND UPSTAIRS BATH WATER HEATER SIZE: 80 GAL ELECTRIC # HAVE OUTSIDE FAUCET LOCA nONS: ~ GARBAGE DISPOSAL: !Ml!. MISCELLANEOUS: CERAMIC SHOWER (8) HEATING. VENTILATION. AND AIR CONDITIONING: TYPE HEAT: LP GAS AIR CONDmONING: ELECl'RIC HUMIDIFIER.: JMB ELECTRONIC AIR CLEANER: JMB (13) ELECfRlCAL: (A) FIXTURE ALLOWANCE: $4500.00 ALLOWANCE INCLUDES RECESSES LIGHTING THAT WILL BE SUPPLIED BY THE ELECTRICIAN. 150.00 EACH OUTLETS ALLOWED: TO MEET THE ELECTRICAL INSPECTION CODE. ALL OUTLETS IN EXCESS OF THIS WILL BE BILLED AT 25. 00 PER OUTLET. AN OUTLET IS DEFINED AS ANY SWITCH. FIXTURE OR RECEPTACLE. ANY CABLE TV PHONE JACK WILL BE COUNTED AS AN OUTLET. TWO TV & TWO PHONE JACKS ARE lNCLUDED IN ORIGINAL OUOTE. (8) POST LIGHT ALLOWANCE INCLUDING TRENCHING: 1MB (C) MISCELLANEOUS: ~007 ...~, ...~, QU ~",..J<J r.n.A I J. / tOO l..o:::~4 l;AYITAL nARliliTS ~ JOEPALUMllO ~008 GENERAL NOTES: (1) IF OWNER PURCHASES EQUIPMb"'NT OR FIXTURES TO BE INSTALLED BY BillLDER THE COST OF SUCH ITEMS WILL BE DEDUCTED FROM GIVEN ALLOWANCES. THE OWNER WILL BE RESPONSIBLE FOR DELIVERY, TAX AND ANY MATERIAL OR EQillPMENT DEFECTS, BUILDER HAS THE OPTION TO CHARGE AN INSTALLATION FEE. (2) IF OWNER VERBALLY REQUESTS EXTRA WORK TO BE DONE BY BUILDERS EMPLOYEES OR SUB-CONTRACTORS NOT INCLUDED IN THE SPECIFICATIONS, ALL SUCH WORK SHALL BE BILLED ON A TIME AND MATERIAL BASIS, (3) IF OWNER ELECTS TO OMIT CERTAIN AREAS OF WORK FROM THE CONTRACT TO BE DONE BY OTI-lERS, IT SHALL BE HIS RESPONSIBILITY TO UNDERSTAND THE EXTENT OF THE WORK HE IS UNDERTAKING BASED ON THE BUILDERS DEFINmON OF SUCH WORK. THE WORK WILL ALSO BE ACCOMPLISHED WITHIN THE BUILDERS TIME SCHEDULE, DEFINITION OF ALLOWANCES: THE FOLLOWING DEFINmON OF ALLOWANCES SHOULD BE READ AND UNDERSTOOD AND WILL BECOME A PART OF THE TOTAL AGREEMENT: BUILDING A CUSTOM HOME INVOL YES THE USE OF ALLOWANCES IN ORDER THAT A COST MAY BE DETERMINED AS QUICKLY AS POSSIBLE, THESE ALLOWANCES ARE ACTUALLY BUDGETED FIGURES AND AMOUNTS WHICH THE BillLDER AND OWNER MUST TRY TO WORK WITHIN, THE ALLOWANCES ARE SEPARATED INTO THREE (3) DIFFERENT TYPES. (I) UNKNOWN: RELATED TO SITE CONDmONS. SUCH AS: WELL DEPTH, WELL CASING, PUMP SIZE, and ROCK EXCA VA TION (2) SITE RELATED: BUT LARGELY DETERMINED BY LOCATION OF HOME ON THE SITE AND GOVERNED BY SUCH CONDITIONS AS SET BACK LIMITATIONS. SEPTIC SYSTEM LOCATION, SOIL CONDmON AND SITE TOPOGRAPHY. SUCH AS: DRIVEWAY, LAWN GRADE AND SEED, SEPTIC SYSTEM, FILL GROUND, TOPSOIL, BRICK TO GRADE, (3) CUSTOMER SELECTIONS: ARE ESTABLISHED BY THE OWNER AND THE BUILDER RELATIVE TO THE SIZE OF THE HOME AND THE DEGREE OF EXTRAVAGANCE DESIRED BY THE OWNER. SUCH AS: KITCHEN AND BA HI CABINETS, MIRRORS & BATH ACCESSORIES, FINISH FLOOR COVERINGS, HARDWARE, PLUMBING FIXTURES, ELECTRICAL OUTLETS, ELECTRICAL FIXTURES, BRICK COST AND OTHER AMENITIES, .......'~.....f..\J' ........., I'.",,"A tJ.t 100 ~."t2'" t.if\t'1 T^L MAKl\J:'..T~ .... .JOEPALUM.BO ~009 lliE SITE RELATED ALLOWANCES CAN USUALLY BE DETERMINED ONLY AFTER lliE PLANS ARE COMPLETE AND THE OWNER HAS MADE ALL DEFINITE SELECTIONS, ALL ALLOWANCES ARE INSTALLED COST, IF AN ALLOWANCE IS TO BE SUPPLIED BY OTHERS, THE INSTALLATION COST IS ADDED BACK INTO THE AGREEMENT. JIM MILLER BUILDER flL/ "d~'/ DATE: -9-<7r DATE: ~, /.;t! JIM MILLER BUILDER 215 OLD YORK ROAD DILLSBURG PA 17017 432-3637 FAX 432-0528 OWNER: JOSEPH & CHARITY PALUMBO ADDRESS: 9 ASCOT PLACE NORTH BRUNSWICK N.J. 08902 PHONE: 732-247-2297 LOTLOCATION: THE RIDINGS SPECIFICATIONS (1) GENERAL CONDITIONS THE PLANS, TOGETHER WITH THESES SPECIFICATIONS, ARE TO FORM THE BASIS OF THE CON1RACT AND ARE TO BE OF EQUAL FORCE, SHOULD ANYTHING BE MENTIONED IN THESE SPECIFICATIONS AND NOT SHOWN IN THE DRAWINGS, OR VISE VERSA, THE SAME SHALL BE FOLLOWED AS IF SET FORTH IN BOTH, IF IT IS NOT MENTIONED IN TIIE SPECIFICATIONS OR SHOWN ON THE DRAWINGS, IT IS NOT INCLUDED, IT IS THE OWNERS RESPONSIBILITY TO SEE THAT ALL WORK TO BE DONE IS REDUCED TO WRITING AND INCLUDED IN THESE SPECIFICATIONS. AT TIMES IT MAYBE NECESSARY TO DEVIATE FROM THESE SPECIFICATIONS OR PLANS TO INSURE PROPER CONSTRUCTION DUE TO SPECIAL OR UNFORESEEN CONDITIONS THAT EXIST OR ARISE DURING CONSTRUCTION. ANY DEVIATIONS MUST BE APPROVED BY BOTH PARTIES. NEITHER PARTY SHALL TAKE ADVANTAGE OF ANY DISCREPANCIES IN THE PLANS OR SPECIFICATIONS, (A) BLUE PRINTS & DRAWINGS: JMB (B) BUILDING PERMITS: JMB (C) SEWER & SEPTIC PERMITS: JMB (D) OTHER PERMITS & FEES: JMB (E) TEMPORARY ELECTRIC: JMB (F) TEMPORARY HEAT: JMB (G) JIFFY JOHN: JMB (H) SUPERVISION: JMB (I) DAILY CLEANUP: JMB (J) PROFESSIONAL FINAL CLEAN: JMB (2) SITEWORK (A) TREE CUTTING: JMB ALL STUMPS WILL BE BURIED ON JOB SITE UNLESS OTHERWISE STATED & ALL TIMBER WILL BE PLACED ON LOT AT BUILDERS CHOICE OF PLACEMENT UNLESS OTHERWISE STATED. (B) STRIP TOPSOIL: JMB (C) EXCAVATION:.lMl! (D) FOUNDATION: JMB (E) UTILITY TRENCHING: JMB (F) BACKFILL AND ROUGH GRADE: JMB (G) SPREADING EXISTING TOPSOIL: JMB (ANY DIRT THAT MUST BE HAULED IN WILL BE A ADDITIONAL CHARGE. ) (H) SEPTIC SYSTEM ALLOWANCE: PUBLIC HOOK UP (COST OF SEPTIC SYSTEM WILL v.ERY DEPENDING ON THE DESIGN AND TYPE OF SYSTEM REQUIRED. ) (I) WELL DRILLING AND PUMP ALLOWANCE: DEv.ELOPER PAYS (COST OF WELL DRILLING WILL VARY WITH DEPTH. YIELD. PUMP SIZEAND CASING.) (1) LAWN GRADE AND SEED ALLOWANCE: 4000.00 (K) LANDSCAPE & SHRUB ALLOWANCE: 5000.00 (L) FOOTER DRAINS: JMB A.IlI ^ (M) SUMP PUMP AND PIT: JMB r'- '/ ..f (N) DRIVEWAY ALLOWANCE: $10,000.00 BLACKTOP ~~;'..J J~ L (0) MISCELLANEOUS: NONE '" iY (P) ROCK! DYNAMITE INVOICED AT COST PLUS 10% SUPERVISORY. HAULING QF FILL GROUND TO OR FROM SITE IS NOT INCLUDED UNLESS SPECIFIED UNDER SITE WORK. (3) CONCRETE (A) FOOTINGS CONCRETE: 3500 # 8X20 (B) CONCRETE FLOOR LOCATION: BASEMENT & GARAGE (C) CONCRETE PORCH LOCATION: AS PER PLAN SPEC (COBBLE STONE) (D) CONCRETE STOOP LOCATIONS: AS PER PLAN SPEC (COBBLE STONE) (E) CONCRETE W ALK LOCATION: FRONT DOOR TO DRIv.E (COBBLE ST) (F) PUBLIC SIDEWALKS: NONE (G) PRECAST BASEMENT ENTRANCE: AS PER PIAN SPEC (PATIO DOOR) (H) MISCELLANEOUS: NONE. ALL CONCRETE AREAS WILL HA v.E A MINIMUM OF 4 INCHES STONE BASE. CONTRACTOR IS NOT LIABLE OF CRACKS THAT MAY OCCUR IN FLOATING SLABS. AS IN PATIOS & WALKS & DRIv.ES. BECAUSE. c:rJ fry At/r1 -.-;J~ .6J- ..x"(~ 4. MASONRY (A) (B) (C) (D) (E) (F) (G) (II) (I) CONCRETE BASEMENT FOUNDATION: WALLS TO BE a FT. HIGH Bya INCHES & ALL CRAWL. GARAGE. PORCH FOUNDATION TO BE a-INCH BLOCK NOT TO EXCEED 5 COURSES. Or- MASONRY FIREPLACE ALLOWANCE: NONE fY'pf>fi1'/l, ANY SPECIAL COLO:ru4eroR JOINT WIL COST. BRICK TO GRADE ALLOWANCE: NONE LOCATION: NONE BRICK WALKS ALLOWANCE: NONE LOCATION: N/A BRICK PORCH ALLOWANCE: NONE LOCATION: N/A BRICK VENEER LOCATION: NONE ALLOWANCE: STONE VENEER LOCATION: NONE DRYVIT LOCATION: AS PER PLAN SPEC (FRONT OF HOME ONLY) MISCELLANEOUS: NONE 5. METALS (A) STEEL I BEAM LOCATION: TO BE LOCATED IN BASEMENT (B) WINDOW WELLS: NONE (C) PRE-F ABRICA TED FIRE PLACE (GAS) ALLOWANCE INCLUDING VENTING, MANTEL, FACING & LABOR: $6000.00 (D) MISCELLANEOUS: NONE 6. CARPENTRY (A) FRAMING DETAIL: PER BOCA AND TOWNSHIP CODE. FLOOR JOIST SIZE: 2X10 SUB-FLOOR SIZE & TYPE: 3/4 T&G EXTERIOR WALL FRAMING SIZE: 2X4 EXTERIOR WALL SHEATHING: 7/160SB FIRST FLOOR: 9 FT CEILING HEIGHT ROOF FRAMING: TRUSS & STICK BUILT ROOF SHEATHING MATERIAL: 7/I60SB INTERIOR WALL FRAMING: 2X42X6 ALL FRAMING SPACING WILL BE 16 INCHES ON CENTER. EXCEPT ROOF TRUSSES WILL BE 24 INCHES ON CENTER. (B) STRUCTURAL BEAMS PER TOWNSHIP CODES (C) LAMINATED BEAMS: PER TOWNSHIP CODES (D) BASEMENT STAIRS: FACTORY BUILT PER TOWNSHIP CODE. (E) MAIN STAIR SYSTEM: BUILT PER TOWNSHIP CODE (OAK) ALL RAILING FOR MAIN STAIR SYSTEM TO BE PAINT GRADE UNLESS OTHERWISE STATED. (F) INTERIOR TRIM: MATERIAL - PAINT GRADE BASE: 3 1/4 CASING: 2 1/4 WINDOWSILL: JMB ...~ WINDOW BENCH LOCATION: MASTER BATH ~U CROWN MOLDING LOCATION~ /;1 cJ"~rcl -::J CHAIR RAIL LOCATION:~ ~.vy ~ MISCELLANEOUS TRIM: AS PER PLAN SPEC UNFINISHED TRIM AREAS: GARAGE (G) WOOD DECK SIZE: NONE LOCATION: NONE (H) SPECIAL INTERIOR TRIM: AS PER PLAN SPEC (I) EXTERIOR TRIM LOCATION: AS PER PLAN (1) PORCH POSTS & RAILINGS: AS PR PLAN SPEC (K) WOOD SIDING: NONE (L) SPECIAL EXTERIOR WOOD TRIM: NONE (M) MISCELLANEOUS: NONE ALL SHELVING TO BE VENTILATED TYPE, WHITE UNLESS SPECIFIED OTHER IN THIS SECTION. (7) THERMAL & MOISTURE PROTECTION: (A) FOUNDATION WATERPROOFING: JMB (B) OTHER PROTECTION: JMB (C) INSULATION: TO MEET ACT 222 (D) ROOFING MATERIAL: 25-YEAR DIMENSIONAL SHINGLES (E) SIDING MA TERlAL: VINYL DUTCH LAP AMERICAN LEGEND (F) SOFFIT & FACIA MATERIAL: JMB (G) ALUMINUM WRAP: lM!l. (H) GUTIERS: ALL GUTTERS TO BE SEAMLESS (I) VENTILATION: RlDGEVENT & SOFFIT (1) SEALANT & CAULKING: 1MB (K) FLASHING: 1MB (L) MISCELLANEOUS: NONE (8) DOORS & WINDOWS: (A) METAL DOORS LOCATION: FRONT. GARAGE FRONT ENTRANCE DOOR ALLOWANCE: 2500.00 ALL OTHER METAL ENTRANCE DOORS TO BE 6 PANEL OR 9 LITE 2 PANEL. (B) GLASS DOORS: AS PER PLAN SPEC SLIDING TYPE: FRENCH: ATRIUM TYPE: 15 LITE SINGLE: (C) GARAGE DOORS SIZE: 1- 8X7 1-16X7WITH OPENERS ALL GARAGE DOORS TO BE PANEL STYLE AND INCLUDES OPERATORS. (D) INTERIOR DOOR STYLE: 6 PANEL ALL INTERIOR DOORS TO BE PAINT GRADE UNLESS OTHERWISE SPECIFIED. (E) MISCELLANEOUS DOORS: NONE (F) BASEMENT WINDOWS: AS PER PLAN SPEC (G) WINDOWS: ALL WINDOWS TO BE VINYL DOUBLE HUNG. TAN INSULATED GLASS WITH SCREENS AND GRILLS. (H) SPECIAL WINDOWS: AS PER PLAN SPEC (I) SKYLIGHTS: NONE (J) FINISH DOOR HARDWARE INTERIOR & EXTERIOR: JMB ALL HARDWARE TO BE POLISHED BRASS IN COLOR UNLESS OTHERWISE SPECIFIED. (K) EXTERIOR SHUTTERS STYLE: AS PER PLAN SPEC SHUTTERS TO BE LOCATED ON FRONT WINDOWS ONLY UNLESS OTHERWISE SPECIFIED. (1) MISCELLANEOUS: NONE (9) FINISHES: (A) WALLS AND CEILINGS TO BE DRYWALL SMOOTH FINISH. MISCELLANEOUS: NONE UNFINISHED AREAS: (B) CERAMIC TILE ALLOWANCE INCLUDING WONDER BOARD AND LABOR: (C) CARPET ALLOWANCE INCLUDING PAD AND LABOR: (D) VINYL FLOOR ALLOWANCE INCLUDING UNDERLA YMENT AND LABOR: (E) WOOD FLOOR ALLOWANCE INCLUDING LABOR: NONE TOTAL FLOORING ALLOWANCE INCLUDING UNDERLA YMENT, LABOR & FINISH FLOORING PRODUCT: $42,000.00 (F) EXTERIOR PAINTING: JMB (G) INTERIOR PAINTING: JMB DOORS: PAINTED TRIM: PAINTED WALLS AND CEILINGS WILL BE THE SAME COLOR IN ALL ROOMS UNLESS OTHERWISE SPECIFIED. (H) MISCELLANEOUS: (10) SPECIALTIES: (A) SHOWER DOOR: AS PER PLAN PICTURE (B) MIRRORS, LOCATION: ABOVE ALL BATH VANITIES (C) FOLDING STAIRS, LOCATION: NONE (D) BATH ACCESSORIES: SELECTED BY BUILDER TO COMPLIMENT FAUCETS UNLESS OTHERWISE SPECIFIED. (11) EOUlPMENT: (A) (B) (C) (D) (E) (F) (G) (H) (I) CENTRAL V AC: JMB APPLIANCE ALLOWANCE: $5000.00 BUILDER DOES NOT INSTALL APPLIANCES. OUOTES TO PURCHASE APPLIANCES ARE TO INCLUDE DELIVERY. TAXAND INSTALLATION. /9 f"YW. Vf' LAUNDRY CABINETS & TOPS ALLOWANCE: KITCHEN CABINETS & TOPS ALLOWANCE: BATH CABINETS & TOPS ALLOWANCE: TOTAL ALLOWANCES FOR (C) (D) (E): $25.000.00 BOOKSHELF ALLOWANCE: AS PER PLAN SPEC LOCATION: SECURITYSYSTEM:JMB ....I"l~~d SOUND SYSTEM~ f ~ l' MISCELLANEOUS: NONE (12) MECHANICAL: 1u- a (,WW';\-1 PLUMBING: FIXTURES TO BE WHAT~ & MIDY PICKED OUT AT FAGERS PLUMBING SUPPLY WITH DARREL FIXTURE COLOR: POLISH BRASS FINISH. FAUCETS: DELTA OR MOEN KITCHEN FAUCET: DELTA OR MOEN WHIRLPOOL: MASTER BATH SHOWER: MASTER BATH TUB SHOWER COMBO: IN 2ND UPSTAIRS BATH WATER HEATER SIZE: 80 GAL ELECTRIC # HAVE OUTSIDE FAUCET LOCATIONS: l. GARBAGE DISPOSAL: JMB MISCELLANEOUS: CERAMIC SHOWER (A) (B) HEATING, VENTILATION, AND AIR CONDITIONING: TYPE HEAT: LP GAS AIR CONDITIONING: ELECTRIC HUMIDIFIER: JMB ELECTRONIC AIR CLEANER: JMB (13) ELECTRICAL: (A) FIXTURE ALLOWANCE: $4500.00 ALLOWANCE INCLUDES RECESSES LIGHTING THAT WILL BE SUPPLIED BY THE ELECTRICIAN. $50.00 EACH OUTLETS ALLOWED: TO MEET THE ELECTRICAL INSPECTION CODE. ALL OUTLETS IN EXCESS OF THIS WILL BE BILLED AT 25.00 PER OUTLET. AN OUTLET IS DEFINED AS ANY SWITCH. FIXTURE OR RECEPTACLE. ANY CABLE TV PHONE JACK WILL BE COUNTED AS AN OUTLET. TWO TV & TWO PHONE JACKS ARE INCLUDED IN ORIGINAL OUOTE. (B) POST LIGHT ALLOWANCE INCLUDING TRENCHING: JMB (C) MISCELLANEOUS: GENERAL NOTES: (1) IF OWNER PURCHASES EQUIPMENT OR FIXTURES TO BE INSTALLED BY BUILDER THE COST OF SUCH ITEMS WILL BE DEDUCTED FROM GIVEN ALLOWANCES. THE OWNER WILL BE RESPONSIBLE FOR DELIVERY, TAX AND ANY MATERIAL OR EQUIPMENT DEFECTS, BUILDER HAS THE OPTION TO CHARGE AN INSTALLATION FEE, (2) IF OWNER VERBALLY REQUESTS EXTRA WORK TO BE DONE BY BUILDERS EMPLOYEES OR SUB-CONTRACTORS NOT INCLUDED IN THE SPECIFICATIONS, ALL SUCH WORK. SHALL BE BILLED ON A TIME AND MATERIAL BASIS. (3) IF OWNER ELECTS TO OMIT CERTAIN AREAS OF WORK. FROM THE CONTRACT TO BE DONE BY OTHERS, IT SHALL BE IDS RESPONSIBILITY TO UNDERSTAND THE EXTENT OF THE WORK. HE IS UNDERTAKING BASED ON THE BUILDERS DEFINITION OF SUCH WORK.. THE WORK. WILL ALSO BE ACCOMPLISHED WITHIN THE BUILDERS TIME SCHEDULE. DEFINITION OF ALLOWANCES: THE FOLLOWING DEFINITION OF ALLOWANCES SHOULD BE READ AND UNDERSTOOD AND WILL BECOME A PART OF THE TOTAL AGREEMENT: BUILDING A CUSTOM HOME INVOLVES THE USE OF ALLOWANCES, IN ORDER THAT A COST MAYBE DETERMINED AS QUICKLY AS POSSIBLE, THESE ALLOWANCES ARE ACTUALLY BUDGETED FIGURES AND AMOUNTS WHICH THE BUILDER AND OWNER MUST TRY TO WORK. WITHIN. THE ALLOWANCES ARE SEPARATED INTO THREE (3) DIFFERENT TYPES, (1) UNKNOWN: RELATED TO SITE CONDITIONS. SUCH AS: WELL DEPTH, WELL CASING, PUMP SIZE, and ROCK EXCAVATION (2) SITE RELATED: BUT LARGELY DETERMINED BY LOCATION OF HOME ON THE SITE AND GOVERNED BY SUCH CONDITIONS AS SET BACK LIMITATIONS, SEPTIC SYSTEM LOCATION, SOIL CONDITION AND SITE TOPOGRAPHY, SUCH AS: DRIVEWAY, LAWN GRADE AND SEED, SEPTIC SYSTEM, FILL GROUND, TOPSOIL, BRICK TO GRADE. (3) CUSTOMER SELECTIONS: ARE ESTABLISHED BY THE OWNER AND THE BUILDER RELATIVE TO THE SIZE OF THE HOME AND THE DEGREE OF EXTRAVAGANCE DESIRED BY THE OWNER. SUCH AS: KITCHEN AND BATH CABINETS, MIRRORS & BATH ACCESSORIES, FINISH FLOOR COVERINGS, HARDWARE, PLUMBING FIXTURES, ELECTRICAL OUTLETS, ELECTRICAL FIXTURES, BRICK COST AND OTHER AMENITIES, THE SITE RELA TED ALLOWANCES CAN USUALLY BE DETERMINED ONLY AFTER THE PLANS ARE COMPLETE AND THE OWNER HAS MADE ALL DEFINITE SELECTIONS, ALL ALLOWANCES ARE INSTALLED COST, IF AN ALLOWANCE IS TO BE SUPPLIED BY OTHERS, THE INSTALLATION COST IS ADDED BACK INTO THE AGREEMENT. JIM MILLER BUILDER /!.JL/ ~f/'/ l-/1/;/ DATE: l{-9-'7,r DATE: CERTIFICATE OF SERVICE I hereby certify that I have this 1st day of July, 2003, served a true and correct copy of the foregoing upon the following by first-class mail, postage prepaid: Richard Miller 29 Tannery Road Dillsburg, PA 17019 Jim Miller Builder, alk/a Jim Miller Custom Builders, alk/a Jim Miller Builders 215 Old York Road Dillsburg, P A 17019 Jim Miller Builder, alk/a Jim Miller Custom Builders, alk/a Jim Miller Builders 29 Tannery Road Dillsburg, PA 17019 () Cl C " ~ ., , >>. "U P' c: , .. m " (-- ," ~, "'-- I 2"1 zr' " (/"l 1-::: (. '.. .~; " ~: (-, " _l: ... Tl ~(~, , , .. f~"'j L.{---S ,.....) i"fl )> ,. ;2'! c :z: ~ 5:J t~ -< JOSEPH AND CHARITY PALUMBO, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, v, : CNIL ACTION NO, 02-5439 RICHARD MILLER AND JIM MILLER BUILDER aJk/a JIM MILLER CUSTOM BUILDERS, aJk/a JIM MILLER BUILDERS Defendants, PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Anthony J. Foschi, Esquire, and the law firm of Shumaker Williams, P ,C, on behalf of Defendants Richard Miller and Jim Miller Builder aJk/a Jim Miller Custom Builders, aJk/a Jim Miller Builders in the above-referenced matt . Dated: By / AnthcS!ly J, Foschi, I.D, #55895 P,O, Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorney for Defendants Richard Miller and Jim Miller Builder aJk/a Jim Miller Custom Builders, aJk/a Jim Miller Builders ,157180 CERTIFICATE OF SERVICE I, Anthony J. Foschi, Esquire, of the law firm of Shumaker Williams, P,C" hereby certifY that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on this date by depositing a copy ofthe same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Victor p, Stabile, Esquire 112 Market Street 8th Floor Harrisburg, P A 1710 1 Attorney for Plaintiffs Dated: S,P,C. By / Anthony J, Foschi P,O, Box 88 Harrisburg, P A 17108 (717)763..1121 . o c S .'Ot::: [1,;'L! ~/;' o ~~~ .....:,. ...~_. C) (....l o -n ~ , .~ :....1 JOSEPH AND CHARlTY PALUMBO Plaintiff, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA v. CIVIL ACTION NO. 02-5439 RICHARD MILLER AND JIM MILLER BUILDER aIkIa JIM MILLER CUSTOM BUILDERS, aIkIa JIM MILLER BUILDERS Defendants, v. ROBERT G. SULTZABERGER, TABATHA SULTZABERGER and TIMOTHY L. YOHE tJdIb/a ALLCRETE DESIGNS 1065 Monroe Street Oberlin, PA 17013 Additional Defendants. PRAECIPE TO JOIN ADDITIONAL DEFENDANTS TO: Curt Long, Prothonotary Cumberland County Courthouse Please issue a Writ upon Robert G. Sultzaberger, Tabatha Sultzaberger and Timothy L. Y ohe tJdIb/a Allcrete Designs, 1065 Monroe Street, Oberlin, PA 17013, to be joined as Additional Defendants in this action. Dated g /:;2.5/03 SHUMA~IAMS. PC BY~ Anthony 1. F'oschi, Esquire, J.D. #55895 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendants Richard Miller and Jim Miller Builder aIkIa Jim Miller Custom Builders, aIkIa Jim Miller Builders :158276 CERTIFICATE OF SERVICE I, Anthony 1. Foschi, Esquire, of the law finnofShumaker Williams, P.e., hereby certifY that I served a true and correct copy of the foregoing Praecipe to Join Additional Defendants and Writ to Join Additional Defendants on this date by depositing a copy of the same in the possession of the United States Mail, first class, postage prepaid, addressed as tDllows: Victor P. Stabile, Esquire DILWORTH PAXSON, L.L.P. 305 N. Front Street Harrisburg, PA 17101-1236 Attorney for Plaintiff Robert G. SUltzaberger, Tabatha Sultzaberger and Timothy L. Y ohe t/d!b/a Allcrete Designs 1065 Monroe Street Oberlin, P A 17013 Dated g-! ;;"!5/0 ~ Attorneys for Defendants Richard Miller and Jim Miller Builder a!kIa Jim Miller Custom Builders, a!kIa Jim Miller Builders (') (-1 Q. c: .:..,;;' s:: 'r,:JI'Io ~~ -00,1 ,- ;,!J ~rT\ ':;'; .:~1 _ :1':\ "'0 CP ZC :~,-1 ~t u )S .r :.::;C'. -"'0 ' ~ -. ," , ~(':; .- r;:,~.~~~ ".U !'-, \,.-1 c: .-1 Z ',) oj:> :2 ::;0 ....J '< . Cumberland County, ss: The Commonwealth of Pennsylvania to Robert G. Sultzaberqer, Tabatha (Name of Addillional Defendant) Sultzaberger and Timothy L. Yohe t/d/b/a Allcrete Desiqns You are notified that Richard Miller and Jim Miller Builder a/k/a Jim Miller (Name (s) of Defendant (s) ) Olstan Builders, a/k/a Jim Miller Blli lei",.., has (have) joined you as an additional defendant in this action, which you are re- quired to defend, Date August 25, 2003 (SEAL) Curtis R. Long fuotlronotary ,-By ~a-,... 0 P,?:zr/l/).A'rr,_r- . Deput Robert G. Sultzaberger Tabatha Sultzaberger Timothy L. Yohe t/d/b/a Allcrete Designs 1065 Monroe Street Oberlin, PA pH3 ~~t~ ~~ ~~~ ~ ~ 19, c... '1 ~. s: ~ i6~ \-'.\-', ('l g 11 U1 ti:ti: (I) , QC~ 5-~ " ~~~~a~ r+ tlll @~ ::r ~!G) 0 ~~ a '" ~ oo~' 0 ...... . - tll ~ I 0' ...... . U1 . ~ ......(I)~ tll "" .... If-' en tlll1f-' ............ f-' ~ W ~ f-'(5I z ~ ztll~ ~ '" \-',en > ...,r+ ~~~ ~ & t"'_ t::m tll c... ('l f-' f-'p.~ c... \3' ~ \-', \-', ..., r+ <: f-' . . '=' 0 Wr+ &~.~ \3' :s: p. \-" 0 ~ f-' 00 :c 12 tfj Z \-"c... ii? I (I) (I) ~t:: \3. r.g "!j tfj ... li?~~ ~ t:j' tfj '=' ;: f-'(I)~ :;l 8 f-'11 (I) Z en ..., ~e~ ~ !. \-'-t" ~ '='> 'B' SZ t tll I ~en(l) - > en ~ r+11 r ~ ~g !I l5' ~ t;1 SHERIFF'S RETURN - OUT OF COUNTY '" CASE NO: 2002-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALUMBO JOSEPH ET AL VS MILLER RICHARD ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND , to wit: SULTZABERGER ROBERT G but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On September lOth , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing ..." Out of County Surcharge Dep Dauphin Co 18,00 9,00 10,00 38.75 ,00 75,75 09/10/2003 SHUMAKER WILLIAMS S~ : ~;.. ~ .....c R, Tomas Kline If h iff of Cumberland --- County Sworn and subscribed to before me this If" ~ day Of~,...~ ~ clfJ-o,J A . D . ~Onuu,~ ~. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALUMBO JOSEPH ET AL VS MILLER RICHARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND , to wit: SULTZABERGER TABATHA but was unable to locate Her in his bailiwick, He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On September 10th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 ,00 16,00 09/10/2003 SHUMAKER WILLIAMS County Sworn and subscribed to before me this k ~ day of .11"1/:i.-J" ..1rJv3 A,D. (l Q LJ~ i}d:, ~ prothonota~yJ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALUMBO JOSEPH ET AL VS MILLER RICHARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and YOHE TIMOTHY L T/D/B/A and inquiry for the within named ADD'TL DEFEND , to wit: ALL CRETE DESIGNS but was unable to locate Him in his bailiwick. He therefore serve the within WRIT OF SUMMONS deputized the sheriff of DAUPHIN County, Pennsylvania, to attached return from DAUPHIN On September lOth , 2003 , this office was in receipt of the Sheriff's Costs: Docketing Out of County Surcharge 6.00 ,00 10,00 ,00 ,00 16,00 09/10/2003 SHUMAKER WILLIAMS omas Kline iff of Cumberland County Sworn and subscribed to before me this j/, ~ day of J,~. . ()..ov.,3 A . D . Ch..l..- Q_ rs.uiiL4J ,PAf.: Prothonotary I ('7 In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph Palumbo et al VS Richard Miller et al VS. Robert G. Sultzaberger et al SERVE: Robert G. Sultzaberger No. 02-5439 civil Now, AUgust 27. 2003 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff ~~-~<~ Sheriff of Curn herland County, PA Affidavit ofSernce Now, ,20 ,at o'clock M. served the within upon at by handing to a copy of the original and made mown to the contents thereof So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE :MILEAGE AFFIDAVIT $ $ @ffite llf tlre ~lret'iff William T, Tully Solicitor J, Daniel Basile ChiefDeputy Mary Jane Snyder' Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PALUMBO JOSEPH vs County of Dauphin SULTZABERGER ROBERT G Sheriff's Return No. 2304-T - -2003 OTHER COUNTY NO. 02 5439 AND NOW:August 29, 2003 at 8:45AM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon SULTZABERGER ROBERT G by personally handing to TABATHA SULTZABERGER (WIFE) 1 true attested copy (ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 1065 MONROE STREET OBERLIN, PA 17113-0000 Sworn and subscribed to So Answers, J frJ$f- , Pa. ~ ,,,. "TH ~7J=; before PROTHONOTARY By Sheriff's Costs: $38.7 08/28/2003 RCPT NO 182226 KLINGER In The Court of Common Pleas of Cumberland County, Pennsylvania Joseph Palumbo et al VS Richard Miller et al VS. Robert G. SUltzaberger et al SERVE: Tabatha Sultzaoorger No. 02-5439 civil Now, August -27, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?' r:,~~~...<~ Sheriff of Cum berland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County. P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffite llf tIr~ ~4eriff William T, Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Depuly Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PALUMBO JOSEPH vs County of Dauphin SULTZABERGER ROBERT G Sheriff's Return NO. 2304-T - -2003 OTHER COUNTY NO. 02 5439 AND NOW:August 29, 2003 at 8:45AM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon SULTZABERGER TABATHA by personally handing to DEF 1 true attested copy (iesJ of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 1065 MONROE STREET OBERLIN, PA 17113-0000 e.. PROTHONOTARY Pa. Sworn and subscribed to before me this 29TH day of AUGUST, 2003 II -....By Sheriff's Costs: $38.75 PD 08/28/2003 RCPT NO 182226 KLINGER In Tbe Court of Common Pleas of Cumberland County, Pennsylvania Joseph Palumbo et al VS Richard Miller et al VS, Robert G. SUltzaberger et al SERVE: Timothy L. Yohe t/d/b/a Allcrete Designs No. 02-5439 civil Now, August 27 i 2003 , I, SHERlFF OF CU1v1BERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M, served the within upon at by handing to a copy of the original and made !mown to the contents thereof. So answers, Sheriff of County. PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ffitl~ llf t1r~ ~4eriff William T, Tully Solicitor J, Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant ChiefDeputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PALUMBO JOSEPH vs County of Dauphin SULTZABERGER ROBERT G Sheriff's Return No. 2304-T - -2003 OTHER COUNTY NO. 02 5439 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for YOHE TIMOTHY the DEFENDANT named in the within WRIT TO JOIN ADDITIONAL DEFENDANT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 29, 2003 NEED BETTER ADDRESS. TABATHA SULTZABERGER ADVISED DEPUTY KLINGER THAT TIMOTHY YOHE WAS THE PREVIOUS OWNER AND IS UNSURE OF HIS ADDRESS Sworn and subscribed to So Answers, Jf~ before me this 29TH day ~UGUST' 2003 C!-. {f)~-;, Sheriff of Dauphin County, Pa. PROTHONOTARY By Deputy Sheriff Sheriff's Costs: $38.75 PD 08/28/2003 RCPT NO 182226 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOSEPH AND CHARITY PALUMBO, CIVIL ACTION - LAW Plaintiffs, v. RICHARD MILLER AND JIM MILLER BUILDER a1kJa JIM MILLER CUSTOM BUILDERS a/kJa JIM MILLER BUILDERS, No. 02-5439 CIVIL Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter as settled, discontinued and ended with prejudice pursuant to Pa. R.C.P. 229. BY: ~~?:ck Victor p, S ile, Esquire DILWORTH PAXSON LLP 112 Market Street, 81h Floor Harrisburg, PA 17101 (717) 236-4812 (Attorney for Plaintiff) Dated: March 16,2005 22792_1 \ .c (;,