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07-0712
NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 09-2-02 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.Q L NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT I 'AG, DIST. NO. OR NAME OF D.J. ZIP COOK ADDRCSS OP APPELLANT t:/a Your Towne Builders CITY STATE 21 37 Embassy pi;-, #21aiacaster, PA 17603 DATE OF JUDGMENT IN HE CASE OF F,_?1J IDrrer?ear?rl 1/10/07 Jeanette &Richard Brady v Yowr Tnwne RuAlders t Al CLAIM NO FROM SIGNATURE OF APPELLANT OR HIS A CV LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Na a of appelle (s) (Common Pleas No. Iy?C ) within twenty (20) days after f r le or suffer entry of judgment of non pros. ?ry-% S' at re of appellant or his attorney or agent RULE: To rady appellee(s) Name of appe !ee sl (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this tune, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: $111-2-0 0 7 ?gna[ur f Prothonotary or Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE nF NOTICE OF APPEAL AND RULE TO. FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; .AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) ' 19 by personal service 0 by (certified) (registered) malt, sender's receipt attached hereto, and upon the appellee, (name) on 19 _ ; i by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19 by personal service [-? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SU13SC1RI$ D BtFQAE ME THIS DAY OF Signature of affiant Signature of official before whom affidavit was made Title of official (7) N 0 c-a CT ? 'i1 My commission expires on N j,. f ?. _0 t?'t r: r- / 1 ll? ? ems- {..? J COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE COUNTY OF: CMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA SR.EifBAKER Address: 1 COURTHOUSE SQ E WING CARLISLE, PA Telephone: (717 ) 240-6564 17 013 ATTORNEY DEF PRIVATE : LYDON, COLIN KELLY 327 N WASHINGTON AV APT/STE 606 SCRANTON, PA 18503 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: PLAINTIFF: NAME and ADDRESS -? rBRADY, JEANETTE x, 8T AL. 28 COURTYARD DR CARLISLE, PA 17013 L VS. J DEFENDANT: NAME and ADDRESS rDROGARIS, EDDIE, ET AL. 33 NO. XARKET ST %DROGARIS COMPANIES LLANCASTER, PA 17 6 0 3 J Docket No.: CV-0000285-06 Date Filed: 11/30/06 ® Judgment was entered for: (Name) (Date of Judgment) 1/10/07 BRADY • JEANETTE X, ET AL. X Judgment was entered against: (Name) ART2 • STZ" in the amount of $ 8.130.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F1 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees I Total Post Judgment Credits Post Judgment Costs $ J..iu.DV $ .00 $__!, 130 - Certified Judgment Total $ 1 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true Date , Magisterial District Judge rrect copy of the record of the proceedings containing the judgment. , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 09-2-a2 FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.0'7 - NOTICE OF APPEAL - Notice is given that the appellant has filed, in the above Court of Common f as,an $pPQal from the judgment ref oered by the District Aistiee on the date and in the case mentioned below. NAME OF A??F,,FP?CLLANTLr-eeyy MAO" DIST, NO, OR NAME OF 0"1" ADORCS F L NTH ?? ? y T -O Wne Bt"_d CITY- STAT I _ 21r CODE " E p 2137 i7603 DATE OF JUDGMENT G"eanette HE CASE OF 1 /10/07 & Richard r CLAIM NO. MA E OF A•?ELLANT OR HIS ATTOR Y OR CV X% LT 19 ? This !,flock will be signed ONLY when this notation is required under Pa. If appel/a t was Claimant (see Pa. R.C.P.J.P. R.C.P.J.P. No. 10086. , This Notice of Appeal, when received by the District Justice, will operate as No:` 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY.when appellant was DEFENDANT (see Pa.- R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appeilee(s), to file a complaint in this appeal (Common Pleas No. i 6'1 L ) within twenty (20) days after rsicif rule or suffer entry of judgment of non pros. - S' ar re of appellant or his attorney or agent RULE: To .. , appellees) arne o a=pe ee s 01 You are notified that a rule is hereby entered ulson yoLuto file a complaintfin this appeal within-'iwenty (20)" dayJ after the, date of service of this rule upon you by personal service or by certified or registered maiE (2) If you do not file a corfiplaint within this time, a JUDGMENT OF NON PRO!'WI'L't"BC"-F-NTERE'b AGArNaTYOU.' (3) The date of service of this rule if service was by mail is the date of mailing. Date: ft-M 0 7 lgnarur f Prothonotary or Deputy AOPC 312-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Laekawa na : ss AFFIDAVIT: I hereby swear or affirm that I served ' a copy of the Notice of Appeal, Common Pleas No. 07-CV ,,'4on the District Justice designated therein on .Mateofservice) Rphi p Xj@ $A•7 ? by personal service Q ,by (certifiedi (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) JeanettA R i --bard $raay on Fah 12 XXV- 4L7-? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. and further that. I served the Rule to File a Complaint accompanying the above Notice - of Appeal upon the appellee(s) to whom the Rule was addressed on R!ah, 12 1%44, [ by personal service by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME I• THIS DAY OF ga; -2407 Signature of affiant t e of official before whom affidavit was made Title of rifficia/ My commission expi onsam ?p tr -71 r IV TV p7- ¦ complete items 1, 2, and 3. Also complete Rein 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to + 1 J i ?? l3 A. RKature X Agent O Addressee S. Received by ( Printed Name) Date of Delivery D. Is delivery address difleggt fro? \ ? Yes K YES, enter deli addr?as defaM1N: ? No i 4 A 3. Type A / ;i?ta ed Mall Uiv 13 Regiatsred. eh mmReceipt for Merchandise ? insured man, ? C.O.D. 4. Restricted Delivery? (Erna Fee) O Yes 2. Article Number (rmnsfer from sWVke iatiaq 7 d fl 3`] 5 0 0 0 "4 1 J ?I B 915 6 Ps Form 3811, February 2004 a, Retum Rerelpt 10259&G2-W150, ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. X ? Agent 1. Article Addresso to: Rr?>4Rb ? JAN' Z X . ???,LISL ? ?X f 7013 B. Received by (Printed Name) / gyp. "We of D. Is delivery address diflererd from item It YES, enter delivery address below: 3. gervigaTYpe Mierttied Mau a Mail ? Registered Return Receipt for Mercher diss ? insured man 0 C.O.o. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number 7oa3 0500 aao4 1o9a 9 a9 Mansfer from service %bel) _ ? .. Ps Form 3811, February 2W4 Domestic Return ReoMpt 102595-rrz-M-1540 RICHARD M. BRADY and : IN THE COURT OF COMMON PLEAS OF JEANETTE M. BRADY, : CUMBERLAND COUNTY, PENNSYVLANIA Plaintiffs V. : CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE NO: 07-712 CIVIL TERM BUILDERS, INC. Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 RICHARD M. BRADY and : IN THE COURT OF COMMON PLEAS OF JEANETTE M. BRADY, : CUMBERLAND COUNTY, PENNSYVLANIA Plaintiffs V. : CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE NO: 07-712 CIVIL TERM BUILDERS, INC. Defendants : JURY TRIAL DEMANDED COMPLAINT Plaintiffs by their attorney, Taylor P. Andrews, Esquire of Andrews & Johnson Law Office respectfully represents as follows: 1. Plaintiffs, Richard M. Brady and Jeanette M. Brady, are adult individuals who resides at 28 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant COC Associates is a Pennsylvania limited partnership, maintaining a principal place of business at 33 North Market Street, Lancaster, Pennsylvania 17608. 3. Your Towne Builders, Inc. is a Pennsylvania corporation maintaining business at 2137 Embassy Drive, Suite 210, Lancaster, Pennsylvania 17603. 4. On or about May 22, 2002, Plaintiffs contracted with COC Associates for Plaintiffs to purchase condominium unit number 222 at 28 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013 for a consideration of $135,334.00 (A copy of the Agreement for the Sale of Real Estate and the Addendum to the Agreement of Sale are attached hereto as Exhibits 1 and 2). 5. The above referenced condominium unit number 222 was a newly constructed building that had not previously been occupied. 6. The condominium referenced above was constructed by Your Towne Builders, Inc. for COC Associates. 7. For purposes of this transaction, COC Associates has the legal status of a builder/vendor. 8. Settlement on the above referenced Agreement of Sale occurred on July 18, 2002 and the Deed from COC Associates to the Plaintiffs is attached here to as Exhibit 3. 9. At the above referenced settlement Your Towne Builders, Inc. extended an express Limited Warranty to the Plaintiffs for condominium unit 222 (a copy of the warranty is attached hereto as Exhibit 4). 10. After settlement Plaintiffs discovered widespread plumbing defects within the condominium unit. These defects are represented by discovered leaks as follows: a. Winter 2002: A leak was discovered in downstairs hall closet. This defect was repaired by warrantor and a cracked joint in the plastic piping was kept by the repairman. b. Winter early 2003: T -joint above the door jam in the master bedroom closet leaked. This was again repaired by the warrantor and the repairman kept a cracked joint which was the cause of the leak. C. May 2003: Staining on the powder room baseboard signaled a leak. When the wall was opened there was a great deal of mold forcing Plaintiff, Jeanette M. Brady, to vacate the premises. This leak was repaired by the warrantor. Again the cause of the leak was a cracked joint that was retained by the repairman. d. Late 2003: A T -joint in the kitchen ceiling leaked and was again repaired by the warrantor with the repairman retaining a cracked joint that was the cause of the leak. e. June 2004: Dripping water from the master bath ceiling heating-vent signaled another leak. This was again found to be caused by a cracked joint. f. Spring 2005: A leak in the wall between the garage and living room saturated the living room carpeting and padding which became mildewed. This leak was again caused by a cracked joint. g. September 2005: Another leak in the master bath ceiling above the vanity sink was discovered. This again resulted in mold. This leak was a result of a defective T -joint. h. September 2006: Black mold appeared in the ceiling of the master bath and moisture and mold were also found in the back of the hall closet as well as the woodwork of the powder room. This led to the discovery of four leaks; (1) ceiling of the master bathroom, (2) at another location in the ceiling of the master bathroom, (3) on the back wall of the hall closet and (4) in an adjoining wall of the powder room and master bathroom. 11. Your Towne Builders, Inc. repaired the first four leaks that were discovered prior to January 18, 2004. 12. A new builder on the scene of the condominium repaired the fifth leak, June 2004, without charge to the Plaintiffs. Your Towne Builders, Inc. denied responsibility for repairs of all leaks after January 2004. 13. In October 2006, after incurring extensive repair bills and replacement of tile and carpeting and without any assurance that the leaks would not continue to occur, Plaintiff contracted for new plumbing within the condominium unit. 14. As a direct cost of repairing the defective plumbing and the flooring and wallboard destroyed by mold resulting from the leaks, the Plaintiffs have incurred the following expenses: 7/20/05 - Barrick's Plumbing 9/28/05 - Barrick's Plumbing 10/16/06 - Besco Electric & Plumbing 11 /20/06 - Barner Builders 12/15/06 - Mackey's Flooring 1/4/07 - Mackey's Flooring 1/4/07 - Besco Electric & Plumbing 1/ 12/07 - Eric Hench carpet $ 94.00 (leak #6) $ 160.60 (leak #7) $3,800.00 (new system) $1,450.00 (wallboard) $ 215.78 (vinyl P.R.) $ 379.90 (vinyl Mba) $ 75.00 (remove/reinstall toilet) $2,803.90 (carpeting) $8,979.18 Count One Richard M. Brady and Jeanette M. Brady vs. COC Associates 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. As a builder/vendor COC Associates is deemed to have extended to Plaintiffs an implied warranty of workmanship and habitability with regard to the newly constructed premises. 17. COC Associates' attempt to disclaim or waive the above referenced implied warranties was ineffective because the waiver/disclaimer provisions were not sufficiently understandable nor sufficiently particular to give Plaintiffs adequate notice of the implied warranty protections that Plaintiffs were waiving, and the purported disclaimer did not refer to its effect on specifically designated potential latent defects. 18. COC Associates violated its implied warranties referenced above, and the violations of the warranties were a proximate cause to the above referenced damages suffered by Plaintiffs. WHEREFORE, Plaintiffs demand judgment against the Defendant, COC Associates in the amount of $8,979.18. Count Two Richard M. Brady and Jeanette M. Brady vs. Your Towne Builders, Inc. 19. Paragraphs through 1 through 14 are hereby incorporated by reference. 20. Your Towne Builders, Inc. was liable under its express warranty to correct the defective plumbing problems that existed in the premises. Though all the defective plumbing was not discovered due to leaks occurring after the warranty period, the defective plumbing existed during the warranty period and Your Towne Builders, Inc., as warrantor, is liable for damages caused by its failure honor its warranty. WHEREFORE, Plaintiffs demand judgment against the Defendant, Your Towne Builders, Inc. the amount of $8,979.18. Date: Z -27, (?7 By: ANDREWS & JOHNSON P. Andrews, Esq. Tfor Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 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. § 4904, relating to unsworn falsification to authorities. DATE: a .De) DATE: 6 `J 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 10 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-2K Thu them ptoqunsadd and sppm-W far. but tot tgetad n we by, the members of the P nAvrds Aswcisaw of RBAL70Rea (PAR} ' B WITH PA LICENSED RROKE4 3'?/SD BROKER (CompRgy PHONE N ADBSS FAX BROKER 14 T& Aftft 116h AaZe Da Wastled Agen for Seller, It appBabN: OR Broker b NOT Me Agent for Seger and Is able ? AGENT FOR BU1tl:R ? TAANSAGTtON LICSNS)M BUYER'S BUSINESS RELATIONSHEP WRH PA LICENSED BROKER BROKER (Company) PHONE ADDRF85 FAX BROKER IS THE AGENT FOR BUYER. DWgaated Agent(s) for Buyer, It oppNeabir. OR Broiler b NOT the Apat for buyer and is Alan: ? AGENT FOR S>? .UM ? SUBAGENT FOIL SB1..LEA ? TRANSACTION LICENSEE When the same broker is Apot for Seller and Apul for Buyer, Broker Is a Dual Agent. All of Broker's licenssss arc also, Dust Agents UNLESS there are separate Detlp akd Ageass for buyer and Seller. If the mane Memee b dedgaded for Seller and Buyer, the Lkansee b a Dual Agmt. 1 1. C? W Al 2 SELLZR(S): 3 Is between 1 s BUYER(S): , 6 7 0 0 10 n 12 13 14 1s 16 fl 1e is 26 21 22 23 24 25 25 27 is 21 30 31 32 33 34 35 30 37 30 36 40 41 at u 44 a 46 47 48 A# 50 51 52 53 54 56 56 57 5r 50 aHW "Seller," and 4 V v - 6 called "BUM!, 7 & PROPERTY (1-N) Surerbereby sews to selland cooeey to boyar, wia lseraby spew to purchase: s ALL TABU lot place of with boildX vrsaanb thecae , if amp known u: s 10 m or 11 County of in the ommonwa dd, of Pennsylvania, Z de 12 Identi6atioa a g., 21ro:ID N; Parcel M;14 Block; Deed Book, Page, Recording Data) 13 74 3. TERMS (1-02) .--- 1s (A) Purchase Prig -- ? ? ' U Dollars tit wbteh wW be paid is Sdkr by Buyer u h1lows: 1e 1. Cash or cheek at signing this Agteament: s is 2. thorebeckwiVyin days of the e9? of this 4. Cash, t ashler': or oatifiod cbe a at rime of sedemmt: S 22 TOTAL $ - 23 (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otbuwise stsud here: 24 25 (G) Senor's written approval to be e: before: - 20 (D) Settleroaat b be on or before if Buyer and Seller agree. 27 (E) Conveyance from Seller will be bllge simple deed of special warranty unless otbawise stated hero: 20 20 (1) Payment of transfer taxes will be divided cpally buwccn Buyer and Sella unless otherwise stated here: 30 31 (G) At time of settlement. the following will be adjusted pro-rats on a daily basal between Buyer and Seller. reimbursing where applicable: taxes 32 (See Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33 any: water and/or sewer fall. if toy, together with any otter Henable aaatieipal service. Me: charges we to be prorated for the period(#) 34 covered: Seller will pay up to and including the due of settlement; Buyer will pay for all days following settlement, unless otherwise stated 35 here: 35 37 4. McniREB R PERSONAL PROPERTY (I-M) 30 (A) INCLUDED in this sale and purchase price are all existing Tams permanently installed in the Property, feu of liens. including plumbing; 30 heating; lighting futures ('including chandeliers and ceiling tars): water neaten M systems; pool and spa ogoipment; garage door openers 40 and transmitters; television antennas; Asubbam plantings ad nopotred trees; any remaining heating and cooking fuels stored on the 41 Property at the time: of settlement wall to wall capering; window hardware, shades and lieds; built-in co ; built-in 42 app a and the ran vet unless otherwise stated Also included A.q (B) LEASED leans (not owned by Sella); EXHIBIT (C) EXCLUDED futures and items: 8 I S. DATFBRIME IS OF THE ESSENCE (1-02) (A) The said due for settlement and all other dates and tittles referred to for the petformmee of any of the obligations of this Agreem agreed to be of the essence of this Agrema t and ate binding. (B) For the purposes of this Agreement, number of days will be taunted from due dare of execution, by excluding the day this Agreement was s2 sr executed and including the last day of the time period 33 (C) The date of rettiement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 64 the parties. 55 (D) Certain Wee periods ae pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are to se 5e and may be c striking out the pee-printed text and inserting a different time period acceptable to all parties. 57 iV1 set buyer initials- A/S-29: Page 1 elf S Seller Its s0 P 011 of COPMGHT PENNYLVANIA ASSOCUMN RS 2002 REALT RSe 01102 +e, r r r, e r a r re r r,,. r. r no/till/2t3e2 22:08 7172509370 DORIS LAW JGRKGAUGHE PAGE 11 L MORTGAGE f>WnVI ENCY (1-02) so W 'ibis sale is Nor uam?nt as taWSW financing. O 61 0 A s2 (A) 'Phis sale is coadaleat upon Buyer financing as follows: tm 1. Amount of 1100141409 can S K 2. Miniasum7irm ?? ears • as w : 3. Type ofnott" as ? M 4. Intaeet rate howem, Btu Zees to mope the interest tale cell may be osmomlited by We mangep leader, not b 67 exceed s rwltiamam htawt leaf 4E _%. N 5. Discount points, loam Cdpostion, loft placement and other fees charged by the lender as a perceoup of the mmrtgage lose (excluding 69 Bay tmotcgage hisuranee pa miunis or VA fmtding fee) not to a weed ? % (0% if not spheeised) of the hshwwp loam. 70 The Internet case and few provision nga1rad by Breyer am sr»s5ed if a mortgage leader makes avallable to Buyer the right to guauamee sa 71 interest rate at or below the Maclean Interest Rate specified beteia with the paaceotap fees at or below the amount specified heroin. Buyer 72 gives Seller the tight, at Seller's sole option and us permited by the nsa t W leader and applicable laws, w oasto'buts finuicially, without 73 promise of fit, to the Buys and/or the mort" loader to make the above lama available to Buyer 74 (B) Within _ DAYS (10 days if cot specified) of she a wcutien of this Agtaernwt, Buys will maker a cariplaed, writes mortgage application 75 for tho martgage terns apeeiW above to a responsible war" lender. The Stater br Buyer, If my, atlseswin: the Brotar for Selley b 75 SgtbMlmd to o0mmadCOk a111b the maYpge Mader Ole spout thtaasMbug V the sla0etgage bell psoora 77 (C) 1. Meetpga oommiammi date If a writteo oommtifmtxlt is not received by Seller by the above dare, Buyer 78 and Soler agree to .Rased the so0rlpp eommittfemt dace! 092 Seller teroiWtea Ida Apeaaeat in wrlby antim to Buyax 78 2. Upon raccipt of a mori a eonuali asst, Buyer will prompty deliver a copy of die commitment w saner. so 3. Seller had ebe option to terminate this ApImment in writing. after rho mortgage eo nnitment date if the mortgage cotnmiument: e1 a. Is not valid umdl the date of setlemsnt OR 82 b. Is conditioned upon do axle and aeellesamt of any adw property, OR 93 c. Contains any ocher condition not. specified in tills Apeomont fit is not satisfied and/or removed in writing by the mortgage leader u wobw 7 DAYS alter the worgap aooaadisseot daft In parapitpb 6 (C) (1). U 4. If tlnisAgreethnent is termiaat0d ere tpnera 5ed in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all depoWt monies 96 pad on aecootu of purchase prim all be reined to Buyer, Buyer well be responsible fur any premin00s for machs in' lim inscrance andlor $I title search, or fee for cancellation of some, if say; AND/OR Boy peemiums for food 3aewmce, mine subsidence insurance andlar fire hsau- u near with extended eovaage, or cancellation fee, If %w, AND/OR any appeaissi fen ad cbagp paid in advance to the nsortpr lender of (D) If the mortgage lender requires repairs to die Propeny. Buys will, upon receipt; deliver a copy of tie simpp leader's tequttam is to Seiler. 90 Seller will, within _,.L DAYS of recipe of the rnoetgap lender's wFitemeaes, aotify Buyer whether Sailer will make the replied mpaii s 91 at Seller's expettsa. 92 1. if Seller choow to make the required repairs, Buyer will accept the Property std agree to the RELEASE set fortit in paragraph 25 of this 03 Agreement. 94 2. If Sella chooses mot to make the requited repairs, at K Samar Ida to mpand within the throe 0*$L Buyer will, wittia _ 5 DAYS, 95 notify Sella in writing of Bayer's choiz to kwd ate this Ap much t OR make the required repairs at Buyer's expense and with Seller's to pervisnion. which will not be unreasonably widdield. if Sella dcauic; Bayer permission to make flu rcq*W repairs, Buyer may, within 27 _3- DAYS of Seller's denial, semdssw this Agreement. in which sae all deposit monies paid on a scut of purdwsso prig wi11 be is returned ptompdy to Buyer and ids Apuem tit will be VOID, as M) SellarAulat 160 fs al 62 63 64 65 a 67 64 D r6 71 12 7; 74 70 7e 77 7s 79 B0 a1 u 63 6/ e5 ere 87 as e9 g0 91 62 93 N 9S 9e 91 a N 106 lei 102 103 104 106 106 107 lea tog 110 III 112 116 lie 115 I% 117 III Ili 120 121 122 126 124 125 120 127 126 129 100 131 131 133 134 135 136 137 in 139 140 141 141 143 144 145 Q AMICABLE IiPlNj)Cc??1viD 1xY: a maximu m, toward Bayer's costs as puamitied by the mo rtgage lerldv.')"©/? tat O 1t43 cal FHA/PA, WAMJCABL1c 105 (Ir) U is expressly agreed drat notwithstanding any other provisions of title eaaalim, Buyer will not be oblipied to complex the pumbue of the 106 Property described herein or to Incur any penalty by forftda re of earnest money deposits or otherwise unlen Buyer has ban given, in acct- 107 dance with HUD/FHA or VA requ3rrmmis, a wattan statement by the Federal Housing Colnmiuioner, Veterans Administration, or a Direct is$ EadOl7ga06u Lander acting forth tie appraised value of the Property of clot lea diem S (the dollar amount to be 109 Inserted is dote sales price as stated in this Agtamat). Buyer will have the privilege and option of proceeding with consummation of the con- lfo tract without rapd to *A amount of the Bppraised valuation. The appraided valuatica is arrived at to dwrinine the maximum mortgage the 111 Department ofHo sing and Urban Development will imMme. HUD does not warrant the value nor the condition of is Pmputy. Buyer should 112 satisfy himseMba if that the price aid condition of tie Property are accept". 113 Witting: Seedoi 1010 of Iltk t1l, U.S.C., Drpu moat of Housing and thbam Development acl f%deral Housing Adminisaado0 114 Tnnsacdons, provided, "Whoever fen the I"" of... influencing in any way the wdon of such Department, Auske;, pasta, utters or pub. In Us= arty stsswlent. knowing die 3atnc to be face ... ahai be flood under this title or imprisoned not more than two years, or both;' lie (O) US Daparfineaf of Bossing and Urban Development MUD) NOTICE: TO PI)B(.9IAmt& Buyer's Adw-ladrasaft 117 ? Buyer has received is HUD Notice "For Your Proteetiart 43d a Hoar Iospoctice" (ea Noticed and rote nnedon on Property Condition rte Inspections). Buyer understands the importance of getting m independent home inspection and her thought about this before signing this Ili Agreaasast. 120 anyar's hditb Data: Ill (H) Cagneadou Waft undersigned. Seller(s) sad Buyer(s) pare to tNs tansactioi each certify dart the terms of this convert for purchase arc 122 true to the beet of our kwwkdp and belief; and that any other agncmeat tattered into by any of these police in connection with We t wisec- 123 titre is attached to this Agteement 124 7. INSPECTIONS (142) 126 (A) Seller sgrew to permit inspections by authorized gVaiaKs, reputable certifiers, instum s mpresentatives, surveyors, municipal officials and/or cis Buyer as may be required by do mortgage lends if any, or insuring agencies. Seiler farther agrees to permit any other inspections required by 127 or provided for in the farms of this Agmemeat Buyer has the d* to aftW all inspections. 126 (B) Buyer reserved die right so make a pee-antemant walk-dn uSA inspection of the Property. Buyer's right to make this inspection is not waived 129 . by day odor provlden of the Agsessnar. 130 (C) Seller will have basting and all Kilities (including fuel(s)) on for the inspections. 131 OD) AD iespectara, inchiding home inspectors, am sunhaiwil by Buyer to provide a copy of any reports to Broker for Buyer. 132 8. PROPLrR Y NgSPECPION CONJI NGENCY (1-02) 133 Other provisions of this Asmament may provide for inspections and/or certifications that ale not waived or altered by Buyers cfeaion hat. 134 13 WAIM. Boyar understands that Buyer has the option to request inspections of the Property (tee Property Inspection Notices and in Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RRSASE set forth in paragraph 25 of rhb Aptement. in ? E pCrE^ 127 (A) 'Within DAYS (15 days if not specified) of the execution of this Agreement. Buyer. a Buyer's cxpmm may choose to have inspec- in bons and/or cortificaboas completed by licensed or otherwise qualified prof stionals (see Property Inspection Notice; and Environmental lag Notices). This contingency don not apply to the following odsting conditions "or its=: 140 141 (B) Should Buyer elect to have a boon inspection of the Property, as defined in die Pennsylvi tia Home Inspection Law, (me Information Ragadiig 142 the Home Inspection Law) such bnme inspection shall be performed by a full member in good standing of a national home in 143 stion, or by a person supervised by a full member of a national home inspection sawcisd0% ilk aaordeiee with the a 3 1u of eondn eti¢ of hhat association, its Aveir Initial: A!S-2K Page 2 u f$ Seller fBdtials: t 46 I" 05/0312002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 12 147 (C) K BMW is not "fiend with the condition of the P/oparly as shield in any wri teo report Buyer will: 141 141 ? Opd*lk L wlfhin tee d= 01011 for 00131111111111111111 b08peed*M in 145 1. Accept the property with the inf itmation stood in do mpat(I) and spec to the RELEASE ad forth in paragraph 25 of this Apcer omit. OR 149 IN 2. Tarlmimasa Aida Apsesaicat in wddq by w6ce to Seller, in which rase all deposit monies paid on aeoomot of purchase price will be mowed Ise 151 pmompdy w Bayer slid this Apocateat will be VOID, OR 151 152 3. Eater into a metody acceptable written apeetneat wish Seller providing for guy repairs or improvements to the Property anwor any credit 152 153 to Buyer at settlement as may be aecelitible to the mortgage lender, if my. 153 154 Should e$orta to reach a =WAY acceptable sptshmat fail, Buyer must choose to accept the Property or terminate this Apeement within 154 155 rile dame S wu air toopled" k9ectlora and seeardiag to the ptovisions in pwapapb 8(C) (Option 1) 1 acrd 2. 165 IN ? Oplim 2. wdldtt tie Ilma Bi'm far empleft inspection: ls5 157 1. Accept the Property with die information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of dtie Aprameat 157 I$$ UNLESS the total cost to correct the coodititws coosained In the report(s) Is more man S . /58 155 2. If the total can to correct the owdltlont contained in the report(s) EXCEEDS die amount specified h paragraph S(C) (Option 2) 1. Ise IN Buyi r will dd wr roe report(r) b saw withha tha 0M glvm far hIReA1011. lac 151 : a. Seller trill, within 7 DAYS of receiving the report(s), infiorm Buyer In writ of SCW3 choke to t to let (1) Maws repairs before settlement so that the remaining cost to repair cond(doc s cmoiuod in the mart(s) is less than or equal to 162 163 me amomt ape4lfied in pr WR* 8 (C) (Option 2) L isa 164 (2) Credit Buyer At souls m00t for the difloe s a between the estimated cost of rOpslting the cooditious 604talned to the report(s) 1N in and the mount specified in paragraph 8 (C) (Opsoa 2) 1. This option roust be acceptable to me mortgage leader, if any. 155 Ise (3) Not make tepArs and trot MM Buyer It IeClammt for arty costs to repair coodium contoloW In ma repast(s). tee to b. V Saner cboosas m matte repairs or =6 Buyer at /kdeaaaor as 5poe16od be patapaph 8 (C) (Option 2) 2, Buyer will accept the is? 161 Property and epee to me RELEASE ter form in paragraph 25 of this Agreement. 105 Ise C. If Seller ch n m K net to mob Amp dxs and to to Credit Buys at tettwonot, or K Sder bile to doom alp eptie11 within the thot IN 170 0w11, Buys wJL within _5 DAYS: 170 Ill (1) Accept the Property with do information hated in due report(g) and agree to the RELEASE sat forth in paragraph 25 of this 171 112 AreemooL OR In 173 (2) Taminam do Agreement in writing by notice to ScUm in which case all deposit monies paid on scomut of purchase price will 173 174 be rottnnad ptompdy to R"m and this ApeeIDRad will be VOID. 176 in 9. WOOD DMZS'E?TION INSPECTION CONTOMENCY (142) 175 176 ? WAIVED. Buyeertmdeastands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control In 177 to BUYER WAIVES OPTION and m die Sat forth In paragraph! 2S of skis Apaamrac. P'O/1 1?•`P?l(ur l?•i 177 Ara at Buyer's expense will obtain a writtxru "Wood ecified) d1e elocution eat this Agraamemt Boys if not s D(l3 da \Y j 175 t79 118 , ys p ythiot (A) ion Inspection Report" from a ratified Pant Comuol Operate and will deliver it and all supporting domizoonts mad Destroying lower tat no tit drawings providM by the pest Conwl Opeeatar m Selby. The spat tit m be made sadstactory to and in comphow with applicable laws, matt- let lea gage handers, uhdlor Eedraal Insuria6 Sad Gunamteaithg Agency 1C9t '? soy The inspection will include all readily visible and tae lea s ,.dble areas of all structures op die property etxoept dos allowing ItrmC mIIea tvlilcb will not be inspected: 193 134 195 (B) If the inspection reveals avxk-= of active mfaraeion(I), Sena agrees, at Seua's 0xpmu acid before sealenmat, to treat for active infan- 184 115 In don(s). in ecootdow with applicable laws. Ito IV (C) If me inspectim ovals damage tram active in inifion(s) at previous infestation(s), Buyer, at Buyer's Mcpeae, has the option to obtain a writ- 197 ill teen report by a pofational contractor. home inspection service, or struc11tral engineer that is limited to structural damage to the property caused Ise Ise by wood-destroying orgmioms and a proposal to repair tie damage. Buyer will deliver the structural damage report and corrective proposal to 115 11o Sella vrithiu 7._ DAYS of delivering the nrigi:dd ioapeeticn tepee. tse 751 (D) within 5 DAYS of receiving the structural damage report and corrective proposal Seller will advise Buyer whether Sella will repair, at III 192 SdWs e;W=w and behom selsamWa4 spy structural dump from actlva or previous iefeoHdon(e). 152 153 M if Seller, elhooses to repair structural damage revealed by the -poet, Buyer agrees to accept the property as repaired end agrees to the RELEASE 193 184 set forth in paragraph 25 of tide AgreemenL 114 195 If Seller chooses not to repair structural damage rovakd by the xpott o fags to respond ivithhs the One gMn, Buyer, within 5 DAYS, 155 115 will notify Seller in writing of Buyer's choice to: Aid 197 1. Accept the Property with the defects mveale d by die impaction. witbont abatement of price. and agree to the RELEASE set forth in pars- 117 tee papb 2S of this Agreement, OR tee Aso 2 Make die repairs before sademem4 if required by the mortgage lender, if any. at Buyer's expanse and with Sclkr's permission, wbicb will 199 206 not be unreasonably withheld. im wbkb cue Bayer accepts the Property and agree to the RELEASE ad forth in paragraph 25 of this no tot Apteepeet if Seller doides Buyer permission to make the repairs, Buyer may, within 5 DAYS of Seller's denial, Ltimlnate ttds 201 202 Agreement in writing, in which case all deposit monies paid on aewlmt of purchase price will be returned promptly to Buyer and this 202 203 Agreement will be VOID. OR 203 204 3. Tamlaw this Apicemcmt its which ogee all deposit monies paid em aecohmt of purchase price will be rebutted promptly to Buyer and 254 205 tog dig Agteamem will be VOID. 10. RESIDXNTLAL LSAD-BASED PAINT HAZARD REDUCTION ACT NOME REQLTDIF.D FOR PROPERTMS 258 zee 287 BV)M BEFORE 1978 (1-0Z) 217 me ter lr NOT APPLICABLE tae 205 210 ? APPLICABLE (A) Sdar nptaasnhs that Saw has no knowledge concemiog the prcm= of kad-bated paint and/or lead-based paint hoods in or about tie 214 211 Property. unless eliccitod below. 211 212 ? Selkr has kaowkdp: of the pceeence of lead-baaod paint sadly lead-based paint hazards in or about the Property. (Provide the basis for 212 213 determining that lesd-beeed paint and/or haraeds must, the locative(sl the co &dw of the painted surfiees, and other available infornsa- 21 3 214 den coocatrdog SeAa'I knowledge of the presence of kad-based paint miter lad-bead palm hazards.) 214 215 216 (B) Roorda/ltepwts: Seller has no reports or records panining to les&bued paint and/or k ed-based paint bamrds in of about die Property, zt5 216 217 union cbaclmd below. 217 218 ? SeAar has provided Buyer with all available records end reports pertaoxing to kad-based paim and/or kuid-baW paint hands in or about 216 218 due Property. (List documents) 211 220 220 221 (G) Bsger9 Acimmiedrinent: Buyer has received the pamphlet Prored Your Fmetfy jhrnh Lead in Your Hoot and We read the Lead Warning 221 22t Stdcriusnt ooataioad In this Apaement (ace Euvootonam l Notices). Buyer has tevwwed Seller's disclosure of known lad-based paint and/or 2zz 223 bad-bred paint hazards. as idemifud in paragraph 10(A) and has received the ttourcle and reports perta)nht8 to ktad-based paint and/or lead- zu 224 based paint hoards klendfled in paragraph 10MI u4 223 81yor's Ioidah Die us 22g (D) REM ASSESSMENT AMPEC'ITON. Buyer aclmowlc dges mat before Buyer is obligated to buy a roside%tiol dwening built before 1979, Buyer 225 227 hat _ 1Q , DAYS to conduct a risk assessment or inspection of the Property, fat die presence of cad-based paint soda load-bared paint hazards. 2ri 226 ? WAIVED- Buyer undermmrds that Buyer has me right to conduct a risk assessment or inspection of the property to determine the presence of 221 220 lead-based paint "or lad-based paint hazards. BUYER WAIVES THIS RIGHT and apes to the RELEASE sa forth in paragraph 25 221 230 this Apeametit. 239 231 O ELECTED 231 222 1 6 1. Buyer, at Buyer's eapen36, chooses to obtain a riak anawr m and/or inspection of the Property for lead-based p 32 2 233 asgessmomt Anwar inspection will be completed within _10 ._ DAYS of the axeattion of uTh gas 234 A/$-2K Pace 3 of 5 S Afar Lnitlala: Buyer Inltah: 234 M 231 te7 tae 200 240 241 242 243 244 245 245 247 2" 240 250 251 252 253 264 255 250 257 2511 260 260 291 292 200 264 Zee 2116 267 266 260 270 271 272 275 274 275 271 277 271 270 260 281 212 283 2111 205 281 287 2N 286 296 291 2!2 295 294 215 296 297 290 2" 300 301 302 303 304 305 306 367 3" M 310 311 012 au 314 015 311 317 311 319 320 B21 I" 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 13 2. Witlds Ow time at AtrIb ab6we for sbhddtag the rid; aea sommiht mod/er hypecdon of the Property for lead-based paint and/or 230 lead-haaed plot haaarda, Buyer easy dallwr to Seller a written list of the specific hazardous conditions cited in the report and those 236 coneatrom reined by Buyey along with a copy of the risk aacissmad insWor inspection report. zV 3. Seller may, within 7 DAYS of teelviing the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal 231 will include, but net be limited to. site nauc of the ramedfedion company and a projected completion date for cmwdve mrstaures. Seller no will provide won from a nak aaaeesor or mapeetor that corrective measures have been satisfactorily completed of or before the 240 pr*ctod compleuoa duos. 241 4. Upon ramiving due corrective proposal, Buyer, within 5 DAYS, will: 242 L Accept the coned ve propoW and the Property in wnbW and agree Its sine RELEASE set forth in paagraph 25 of dill Agteasneat, OR 243 b. Ttrmime this Agreement in writhrg, in which case all deposit monies paid on account of purchase price will be returned promptly 244 to Buyer said Ibis Agrearneet will be VOID. 245 5. Should Sailer hff to submit a wrinn corrective proposal within the flue set firth in paragraph 1003 of this Agreement. Buyer, 246 within 5 DAYS. will: 247 L Accept the Property in cutting, and agree to rho RELEASE set forth in paragraph 25 of this Agre cunt, OR 241 b. Tbrmiaatt tide Agreement in writing, in which ease all deposit modes paid an account of purdhaae price will be retuned promptly 240 to Buyer and this Agreement win be VOID. 260 6. Buyer's hJkn Is esrasiee any at BOWS trpttoW wltLm the three hmsih RM01111 to MIS paragraph wW consttute a WAIVER of 251 tide eaodogeoey aced Buyer accepts the Ptepesiy and agree to the RBLI7ASE ad Ibrth to paragraph 25 of this Apwatosnt. 252 (67 C,ert geodoi t By signing this Agre rs a t, Buyer and Seller certify the accuracy of drat twpective statements, to the best of their knowledge. 253 il. STATTJS I11 2sa (A) that Seller haw knowledge cotcunitg site presma or obsesses of radon unless checked below. 250 1. Sella has knowledge that the property was sated on the bates, by the methods (e g., charcoal canister, alpha back, cm), and with nor the results of all teen Indicated below: 257 DATB TYPE OP TTi4T RESULTS (piooaxiallhx or working levels) 250 251 266 COPIES OF ALL AVAILABLE TEST REPORTS will be delivaed to Buyer with this Agreemant SELLER DOES NOT WAR- 201 RANT EiI IER THE AIMIODS OR RESULTS OF THE TESTS. 262 ? 2. Seller has k werledge that the Ptvperty ender wad radon reduction measures an site date(s) and by the method(s) indicated below: 263 DATE RADON REDUCTION METHOD 264 265 207 M DMECA" CONMGMCY )X 207 - 5iAIVED. Buyer understands that Buyer has sire option to request that the haperty be ??n manta Notices: Radon). BUYER WAIVES THIS OPTION and agree to dia RELEASE Oat forth paragraph 25 of this Agremunt 209 ? ELECTED. Buyer, at Buyer's expense, has the option to obtains, t4om a certified inspector, a radon seat of the Property, and will deliver a copy 270 of the tat report to Sella within DAYS (15 days if not epecifted) of the execution of this Agreement. (Sea: Bovieotm arW Notices: 271 Radcrr) 272 1. If do feet report revtals the presmco of radon below 0.02 working ltwele (4 ptoootaiealiter), Buyer accepts the Property and agrees to the 273 RELEASE sat forth in paragraph 25 of this Agreement 274 2. If the out report reveals the presence of radon at or exceeding 0.02 worsting levels (4 pieoemies/liter). Buyer will. within - 7 DAYS 275 of receipt of the east results: 276 ? Opuw 1 277 e. Accept the property in writing and agme to the RELEASE set forth in peegraph 25 of this Agreement, OR 276 b. Terminate this Agreement in writing, in which case all dopoiit mania paid on account of purchase price will be r1wmcd promptly to buyer 276 and this Agreement win be VOID, OR 21a c. Submit a writna, corrective proposal to Seiler. The carrective proposal will include, but ant be limited to, the note of the ratified nsiti- 211 gation company; bleats for p ymoM Inaltubg rotten: and a pmjedad completion date for coaoetiva measures. 262 (1) Within 1_ DAYS of reeaiving the corrective proposal, Sena wan: 223 W Agree to the terms of the eorteedve proposal in wddng, in which ease Buyer accepts die Property end agrees to the 2114 RELEASE set Month in paragraph 25 of this Agreement. OR 285 (b) Not eg<ee to disc tense of due corrective proposal. 2" (2) Should Saner not agree to the tams of the corrective proposal or if Sella hills to respond within *a Wee Oven, Buyer will. within is? 5 DAYS, elect to. 211 (a) Accept the Property in writing and agree to the RELEASE act forth in paragraph 25 of this Agreemem OR tae (b) Tbmumato this Agreement is writing, in which ease all deposit hpe0ica paid on account of purchase price will be mtumed 290 promptly to Buyer and this Agreement will be VOID. 291 ? Option 2 292 a. Aocgx the Property in writing and agree to rise RELEASE sett forth in paragraph 25 of this Agteernam, OR 263 b. Submit a wawa, corracdve proposal to Se ft The corrective proposal will include, but not be limited to. the name of the certified mitt- 294 Station company: provisions for payment, including resorts, and a pro*W completion date for corrective measures. Seller will pay a mu- as insum of S toward the total cost of ternediadon and retests, which will be completed by settlement. 290 (1) If the total cost of romedisdon and mats EXCEEDS the amount quifeed in paragraph I I(B) (Option 2) b. Seller will, within 297 _ 5 DAYS of receipt ttf the coot of teruediadon, notify Buyer in writing isf Seller's choice to: 291 (a) pay for the tonal cost of remedisdon and retests, in which ease Buyer accepts the Property and agrees to the RELEASE set forth 299 in paragraph 25 of this Agreement OR 300 (b) Contibate towed the tool eat of ttanodiW= and rflGn otiy tbt mmoimt epackfird in pangiapb l l (a) (Option 2) b. 301 (2) N Seller chooses not to pay for the total coat of remediadon and roust, or if Seller hBs to choose either option within the One 302 Own, Buyer will, within.-5- DAYS, notify Seller in writing of Buyer's chasm to: 303 (s) Pay the differonec between Seller's contribution to remodiadot ad rwAn and the aeWSl east thereof, in which can 304 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agroeraent, OR 305 (b) Tim Oda Agnemad, in which can an deposit monies paid on account of petwhaae price will be returned promptly 3os to Buyer and this Agreement will be VOID. 307 12 STATUS O (7) 3011 (A) that the Property is served by: 3011 Public Ware all ? On-rite Vim S11 E3 COmmmetity Water' 1112 ? Name 313 ? 314 (B) WATER SEMCK IIVS Wn0N CONffiuIGENCY US ? WAIVER. Buyer vilmowledgn that Bgya has the option to request an inspection of the water service for the property. BUYER WAIVES 310 TTBS OPnON and agrees to the RELEASE sat forth in paragraph 25 of this Agieamatt 317 ? BLSC MD 1. Buyer has the option, within DAYS (IS days if not spacifiad) of the execution of this Agreement Nod at Buyd5 to 'ver 311 316 to San inspection report by a quanfted, professional water testing company of the quality and/or quaadty i 320 K i 321 w..o.. r..ta.r... / AX2K Pee 4 of 9 Seller Inhale: 322 323 324 320 326 327 328 3" no 331 332 333 334 335 336 337 336 339 so 341 342 343 374 345 346 347 341 349 350 331 302 353 354 356 sea 357 351 359 360 361 362 363 364 365 me 357 361 369 376 371 372 979 374 375 376 377 375 379 380 381 312 383 364 395 311 381 396 tee 390 391 32Z o" 304 396 390 397 396 s99 400 701 402 403 404 401 as 407 409 409 III 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 14 2. Seller Rom to locus and provide soceas to tha on site (0c Iadinvidwl) weer system, if applicable. at Seller's expense if required by elhe 323 inspection canpsgc Seller oleo agrees to meeteee the PIOpmy, as Seller's expeam prior to MaletnanG 324 3. If the report teva ds that the water service doe not meet the minimum standards of sty applicable ewanm anal authority and/or fails to 329 satisfy the re"hements for quality and/or "andty eat by the mortgage lender, if sty, then Seller will, widdn-J_ DAYS of receipt of 325 the report, notify Buyer in wrong of Stow Choice to. L UPS" the water lavice m the minimlmh WCapttble levels, before twttlemem, in which age Buyer accepts the Property and agrees 827 328 to Ina RELEASE art fostn in paragraph 25 of this Agreement, OR 329 b. Not upgrade the water service. no 4. If Sole chooses not to upgrade ere service to rttirdmomo adaptable levels. or figs to respond within the Wee given, Buyer will, within 331 _5 DAYS, either L Accept the Property and the water service std, if ragntred by the mortgage leader, if any. and/or any governmeani authority, upgrade 332 333 the water service before setdeament or within the time retitdred by the mcatilop lendm if any, and/or any ggovernm entol authority, at ' 334 Buyer s expense and with Sc&eo pion, which will not be unreasonably withheld, and alive to the RELEASE see forth in pan- 326 graph 25 of this Ag enema et. If Seller demos Buyer pemtission to upgrade the water service, Buyer may, withia7 DAYS of 336 Seller's dental, terminate dus Agreement in writing, in which are all deposit monies paid on account of purchase price will be 337 teuumed promptly to Buyer and this Agreement will be VOID. OR 331 K Tat nimte this Agreement is writing, in which case all deposit monies paid on aecount of pwchow price will be rttancd promptly 339 to Buyer and this Agreement will be VOID. us 13. $U"S OF SIEWER (I-M 341 (A) Sertapeapott tbat the hopcity is served by 342 Q POW Sewer 343 O Individual On-lot Sewage Disposal System On Sewage Nmke i) 344 0 individual OD-lot Sewage Disposal System in Pawdmity to Well (See Sewage Notice 1; see Sewage Notice 4. if applicable) 345 ? Community Sewage Disposal System a" ? Tim-acm Permit Exemption (See Sewage Notice 2) 347 ? holding Tank (See Sewage Notice 3) 341 ? Now (See Sewage Notice 1) $49 ? None AvailabklPeunit Lim Mons in Effect (Sec Sewage Notice 5) See ? 361 03) M1VIDUAL ON-LOT SEWAGE DEPOSAL DM%CnON CONr0KMVCY 352 ? WAIVED. Bayer adkaow1odgc5 drat Buyer has the option to request an individual on-lot sewage disposal Inspection of lha property. BUYER 353 WAIVES TM OPHON and agrees to eta RELEASE as forth in pmagraph 25 of this ASme mos. 354 ? ELECTED 1. Buyer has the option. within DAYS (15 days If not specified) of the execution of this Agreement and at Buyer's expense, to 366 356 deliver to Stapler a written inspection report by a qualified, professional inspector of the individual ml-lm sewage dispose) aysncra. 357 2. Seller, K Seller's expense, agrees, if and me requited by the inspection company. to locate, provide access to and empty the individual on- s56 lot sewage disposal system. Seller also agrees to restore the Property, K Seller's expenu. prior to settlement 359 3• If the report reveals dcfecu that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 360 7 DAYS of receipt of the report, rto* Bayer in writing of Seller's choice to: 361 s. Correct due defects before settlement, including retests, at Seller's expense, in which case Buyer accepts den Property and agrees to 352 the RELEASE set forth in paragraph 25 of this Agreement, OR 363 b. Not correct the defeeu. 354 4. If Seller choose not to correct the defects, or if Seller 64 to mepoatd within On tsar gpivon. Buyer will. within 5 DAYS, either: in V. Accept the property and the system and, if required by die mortgage lender, if any, and/or any govath MW authority, correct the 356 defects before settlernent or within the time regained by the mortgage leader, if any, and/or any governmental sudenity, In Buyer's 367 sob expense and with Selle's permission, which will not be unreasonably witlhheld. and agree to the RELEASE set forth in pus- 35e graph 25 of this Agreement If Seller denies Buyer pertueaion to erect the ddiccta, Buyer may, within 7 DAYS of Stier s s69 denial, wrinvuse this Agreement to writing, in which ease all deposit monies paid on account of purchase price will be returned 370 promptly to Buyer and this Agreemuu will be VOID. OR 371 b. Taminate this Agreement in writing, in which we all deposit monies paid an account of purchase price will be rationed 372 Promptly to Breyer and this Agpetatran will be VOID. 373 5. if the report reveals the cad to expand or replace the existing individual on-lot sewage disposal system. Seller may, within_ZL_ DAYS 374 of receipt of the repo; submit a corrective prop" to Buyer. Tic corrective proposal will include, but not be limited to, the new of to 375 lanedistion dompmy; provisions for payment. Including nests: and a projected completion due for corrective measures. Within 375 5 DAYS of receiving Stdlers corrective proposal, or K no cas sectwe proposal is received within the time giver, Buyer will: 377 a. Agree to the tams of the comtcdvd propped, if any, in wridn& in which cast Buyer accepts the Property std agrees to the RELEASE sis set Forth in paragraph 25 of this Agreement, OR 379 b, Accept the Property and the system and. if required by the mortgage leader, if amok and/or any governmemel autho ity, cotect the 340 ddmu before sculaeat or witdu the time required by due mortgage lender, if any, and/or any governmental authority, at Buyer's 311 sob expense and with Seller's permission, which will not be uni-eouably w(dtW4, and agree to Ox RELEASE set forth in pare- 312 graph 25 of this AgteemeaL If Seller lodes Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 363 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned ild promptly to Buyer and this Agroanent will be VOID, OR 315 c. 71erminm this Agmernent in writing, in which case Ali deposit monies pad on accmtnt of purchase price will be returned promptly 30e to Buyer and this Agreement will be VOID. 307 14. NO'gi M ASSESSNIPM Q CERTMCA.TES OF OCCUPANCY (i-M 383 (A) Sod a mprow?ts, as of Seller's execution of thin AgntehnerR, that a public lmprovcnm; comdondolum orhomeowner association aomrn +nts 309 have been etude against die Property which remain unpaid, and dent no nonce by any government or public authority has been saved upon 390 Seller or anyone on Seller's behalf, including notices relining to violations of zoning, housing, building. 3afrsy or fume ordinances which ri maim 39t uncorrected, and that Seller knows of no eondidon that would constitute vioMm of my such ordinances which remains uncorrected, unless 392 otherwise specified hate: 393 39 (8) Sella knows of no other tential notices (incl 110 rtding violation) old AgJEgSCnaata EAOEpt a follows: 5 391 39 (C) In the event any noticet (including violations) and anessmaas ate received after exertion of this Agreement and before settlement, Sella will 397 7 notify Bu yet in writing, witbin 3 DAYS of nteeiving the aotca cr asetsment, that Sella w)n: 398 1. Comply with notices and ameenmcats at Seller's expense, in whicb we Buyer accepts the Property and agrees to the RELEASE set forth 399 in paragraph 25 of this Agreement, OR 400 2. Not comply with notices anti anestmentf err Seller's expesim 401 3. If Shccr chooses riot to tsmtpy with actions and asessment$, or tally within the lime given to not fy Buyer If Seller will comply, Buyer 452 will notify Seller within _ 5 DAYS in writing that Buyer will either. 403 L Comply with notices and usepmenu at Buyer's expanse and apse to the RELEASE set forth in paragraph 2S of this Agreement, OR 354 b. TeminaOe this Aiireaneat, in which can all deposit monies paid on Accotmr of pwchne price will be rammed promptly to Buyer as and this Agreement will be VOID. 40 if Bayer 111alls to notify Seger within the trine given, Bnger accepts the Peopaty and agree to the 1LELIet froth WPM- graph 2S of this Agreement (D) Bu i th t 407 7 4os yer a a toad may require imu•+v of a highway occupancy pmt from the s s ,, Bu l m i b X A ? 409 m - u a : I A132K Pap 5 of 0 Seller Ld 410 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 15 All (E) if requited by law, within _ 5 DAYS of the execution of this Avccment Seller will order for delivery to Buyer, on or before seNevient: 411 412 1. A caWiication from the appropriate memkipd dgmrw mt or dvputmots disclosing notice of any uncorrected violations of zoning, hous- 412 413 ing, building, safety or fire ordinances. AND/OR 413 414 2. A eatifietan pttptittin$ oceupany Of the Pmpcdy. In the event repeirafunpfovements are required for the issuance of the cerofiare, Seller 414 415 will, within _ 5 DAYS of Seder's receipt of the uequirotmevts, notify Buyer of the requirements and whether Salter will make the 4t5 416 required repsiealmproveinents at Seller's exponse. Ate 417 if Sollor dwasea to make the required tepaus8srti avveatama, Buyer agrees to accept the Property as repaired and agrees to the RELEASE act 417 418 forth be patagrapb 25 of this Agram s. if Solar cbooses not to make the required repoitstimpnovemerob, Buyer will, within _$_ DAYS, 418 All notify SeDa in writing of Buyer's choice to terminate this Ape rent OR mane the repairs(mpmvements at Buyer's expense and with Seller's 419 420 permission, which will not be waeasortably withheid. N Seller devie; Buyerpo mission to make the required repairs nit Seller fails to regmmd 420 421 tdrAiD the *w glvw, Buyer mxY within 5 DAYS, terminate this Agreement in writing, in which case all deposit manes paid on account 4z1 422 of purchase price wilt be rattaned promptly to Buyer and this Apeman will be VOW. 422 423 11 TITLE, SURVEYS ik COSTS (1-02) 429 424 (A) The Property 19 to be conveyed free and clear of all lines, enammbrn+ces. and eascmwts, EXCEPTING HOWEVER the following: cxi3t g 424 425 deed restrictions, historic preservation restrictions at adin mce6, building restrictions. ongruinas, easements Of roads, easements visible upon 420 426 the ground, are occa of rowed. privileges ar rights of public service companies, if any; otherwise the title to the above described real estate 420 427 will be good and mnicetable and such as will be insured by a reputable Title Insurance Company at the regular rates. 427 428 (B) Buyer wit pay for the following: (1) Title search, tide iuauranee uWar modumics tic insusucc, or fee for c&W4lWon Of same. if any; 426 428 (2) Flood wamarea fire MTUMDM with extended covaago, mine subsidence insurance. or fee for cancellation of some, if any, (3) Appraisal 429 430 feu and charla paid in advmce to mortgage leader if any; (4) Buyer's custeaoary settlement costs and aecnuls. 430 431 (C) Any survey or surveys which may be required by the Mlle buanaavice Company or the abstracting amotney for the preparation of am adequae 431 432 legal description of the property (or the oweetion thereof) will be seated and paid for by Sena. Any survey or surveys desired by Buys or 432 483 required by the martgagt 1etWer will be secured and paid fa by Breyer. 433 434 (D) in the event Sager is unable to give a good and marketable title and such as will be Insured by a reputable 71tle Company at the regular rater, as 474 436 specified in paragraph 15(A). Buyer will have the option of. (1) taking each dde as Sena can give with no change to the purchase prim; or (2) being 435 438 repaid all mamas paid by Buyerto Sella Om account of purchase price and being reimbursed by Seller fa any costs incurred by Buyer for any inspect 439 437 Lions or ce:r cottons obtarrod ace%*q to the terms of the Age aeancok and for those items Specified in paragraph 15(B) items (1), (2), (3) and in 437 4x6 pnagnb 15(C), in which rase there wit be no further liability or obligation on wtber of the parties hereto and this Ag marmot will become VOID. 438 436 16. ZONING CLASSWICATION (1-02) 436 440 Fsilive of this Agreanew to contain the zoning clasrifiation (except in cases where the properly {and each parcel thereof, if subdividablel is zoned 440 441 solely or primarily to permit single-family dwellings) wM reader this Agreement voidable at the option of the Buyer, and, if voided. any deposits 441 442 tendered by the Buys will be returned to the Buyer without any requirement for court action. 442 443 Zoning C mAsmattou: 443 444 ? ELECTED. Within 15 DAYS of the execution of tbia Apeeruatt, buyer wad verify that die existing use of the Property as 444 445 is permitted. In the event the use is not permitted, Buyer wad, within the time 445 446 given for vaailiadonr notify Seller in writing that the =slag use of the Property is not permitted and tills Agraememt will be VOID, in which 446 s47 ease all deposit monies paid on account of purchase Oct will be returned promptly to Buys. Buyer's ftd(mte to mopoad wltLle the time 447 446 given wl4 owelftat e is WAIVES of this condiagancy aaad ell other terms of this Agreeatept r nabs In AM fosse and dfecL 446 x46 A?7' OnCE 17, CO 448 460 ?? O- 'NOT APPLICABLE 4149 451 ? APPLICABLE 451 452 THIS DOCUMWT MAY NOT St34.. CONVOY.7RANSIFM IIAM mE OR INSURE Till! TITLE TO Tut COAL AND MM OF SUPPORT UNDERMTH Try SURPACE W+n 462 453 DRUMED OR REPORRED TO IIERMN, AND THE OWNER Got trwN=$ of SUCH COAL MAY "AVR'ltls CObW= LEGAL R10Rr M 111140vE ALL SUCH COAL AND 453 454 tN t1W COMM19=1004, DAMAGE MAY RESULT TO THE SURFACE OF Tea LAM AND ANY NOUS4 JUMMI e6 OR MM STRUCTURE ON OR IN SUCH LAND. (This 454 455 modce is set forth in the manner provided in Section i of the Act of July 17,1957, P.I.. 984.) "Buyer acknowledges that he may not be obtaining the 455 450 right of protection against subsidence resulting from coal mining operations. and that the property described herein may be protected from damage 455 407 due to mine subsidence by a privatt contram wfAt the owvcn of the economic interests in tax cod. This ackoowle dgamo nt is made for the p mmc 457 456 of canplying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Lard Conservation Act of April 27,1966." Buyer agrees 458 466 to sign the deed from Setter which steed will contain the aforesaid provision. 489 460 18. POSSEL90N (1-M 4at All (A) Possession is to be delivered by deed, by$ and: 401 452 1. Physical possession to vaam Property Lee of debris. with all Structures broom-clean. at day and time of sealernerr6 AND/OR 462 463 2. Assignment of a msting last(s), together with airy security deposits and interest, at time of settlement, if Property is leased at the 493 464 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lesse(s) by initialing Bald kne(e) at 454 405 dire of euoeution of this AgramcaaL 465 466 (B) Saner will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written see 457 au COnsa t of Buyer. 19. RECORDING (3.0) This A$roement will not be recorded in the ORim for the Recording of Deads or to any other office cx place of public record 46? 461 469 sod if Buyer nausea or permits this Agreement to be recorded, Seller may elect to van such as as a breach of this Agreement. 459 470 20. ASSIGNMENT (3415) This AgreemM will be binding upon the pordes, bit respective heirs. puma) represatativa, guardians and successors, 470 471 and to the mucat anip0abla on the sesips of the parties heraw, it being expressly understood. however, am Buyer will not tnmafer or assign dais 471 472 Agreement without the written consent of Sell= 472 423 21. DEPOSIT R RECOVERY I?UND (1-02) 473 at (A) Deposits paid by buyer within .30 DAYS Of settlement will be by ash. cashier's or certified check Deposits, regardless of the form of 474 175 payment and Ax person designated as pay-, will be paid in U.S. Dollars to broker or party idtatiEW to paragraph 3(), who will retain them 475 Vs in am escrow &can= until covsummadon or termination of this Agreement in conformity with all applicable laws and regulations. Any uncasbed 476 4T7 cheek tendered as deposit worries may be held pending tba aceepance of this oft 477 4T/ (B) Upon termination of this Agreement, the Broker holding the dopapt monies will release the deposit monies in accaedance with the terms of a 471 410 fully executed wrium agreement between Buyer and SaPer. 479 400 (C) in the event of a dispmc over truida mom to dgmh nu:*W, a broker holding the deposit monies is required by the Rules and Regulations of ao 461 "Sum Rol Estate Commission (49 Pa. Code 135327) to mtsin the monies ice escrow mntil the dispute is resolved, in the event of litigation Am 402 for the return of deposit movies. a brokerwill distribute the monies a dimeted by a Anal order of court err the written Apowne t of the parties. 462 453 Buyer and Sella agree thot, in the event aoy brdmar or afBdmd licensee is joined in litigation far the return of deposit monies, the attorneys' s67 404 feu and cow of tax broker(s) and licensee(s) will be paid by the party jig this. 4p 465 (D) A Real Estate Recovery Fond exists to reimburse any persons who have obtained a $nd civil judgment against a Pennsylvania teal estate 485 4s6 licensee owing to thud, mitraptesatta4w6 at deodt in a teal am transaction and who have been unable to collect Ax judgment after exhaust- Ass 467 ing all legal and equitable remedies. For complete details about the Fund, all (717) 763-3638, or (800) M2113 (wWdn Pennsylvania) and 487 466 499 (7;7) 783.4854 (outside Pennsylvania). pDIDO COMMUNPIY(INOMEOWNERASSOCIATI RS$ALEN CE (1-02) 2i C 406 +s9 490 , Or NOT APPLICABLE 490 491 ? APPLICABLE: CONDOMIINMM. Buyer selsooWledges Ant the Property is a unit of a condominium that is primarily non by a unit owners' 491 492 aasocladoo. 13007 of the UWa m Condominium Ace of Pennsylvania requires Seller to flnmlab Buyer with a Certificate of Resale and copier m s93 of the condominium declaration (other than plea and plans). the bylaws, and the rules and regulations of the association. 4c3 494 13 APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOC LAMON). Buyer aekaowledges dra the Property a par of planned 494 486 community as defined by the Uniform Planned Community Act. (Se- Dcandtion of Planned Community Notice). §5407(a) uI es 405 446 d and Seiler to furuish Buyer with a copy of the Declaration (oche *,an plate and plane), the bylaws, the culm and regul x19 497 caaponsns ant forth in 1y5407(a) of the Ace. a Cotdficate t o-gro Z79 to 499 , _ Buren initiay: / 4 "442'17. ?1 AS-2K Pane 6 of 0 Seller ]rd .9e- 499 599 S01 502 503 694 565 IN 507 306 509 S10 511 sit $13 S14 515 $16 $17 Sit 519 S20 521 $22 527 524 525 526 IV 526 $22 On 531 532 533 534 $35 535 S$7 536 539 $40 541 542 $43 544 545 546 $47 fide 569 560 551 532 563 554 656 556 667 III 559 so 561 562 563 564 $06 Set 557 Ss 569 570 571 572 573 $74 Sys 575 577 576 Sn See set 582 583 S64 535 595 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 16 THE FOLLOWING APPLIES TO PROPER'11l$9 THAT ARE PART OF A CONDOM MUM OR A PLANNED CObV4UNI'rY (A) Within i s DAYS of the execution of this Agreement, Sella will submit a request to the association for a Certificate of Ratak and the doc- umenb naxgoy to enable Seiler to comply with tine Act. The Act provides that tine association is required to provide these dwairtenu within 10 days of Seller's request. 03) Sella will promptly deliver to Buyer all documents received from the association. Uvula 04 Act, Seller i6 not liable in Buyer for the failure or delay of the association to provide the Cadlicate in a dm* manner. nor is Sella liable to Buyer for any aromooes blormation provided by the aswddion and included io On r•.r:a...? (C) Buyer may declare this Agreement VOID at any that before Buyer's receipt of the association documa?u end for 5 days diaaafter, OR until settlement, whichever occurs first Buyer's notice declaring this Asreeneert void must be in writing, *Amj %w on deposit monies will be returned to Buyer. (D) To the event the association has the right to buy the Property (right of first refusal), and the association exercise that right, Sella will reimburse Buyer for all monies paid by Buyer on accocmc of purchase price and for any coati incurred by Buyer for: (1) 11de search, tide insurance and/or maheriuc lien inMUance, or fee fur cancellation of mane, if arty; (2) Flood insurance and/or fin insurance with extended coverage, mine sub- sidence insurance, or fee for cancellation of same, If any, (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 23. MA24TLXANCE iR ROK OF LOSS (1-M (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled Iwrein in its present condition, mumd wear and tear exccpnd. (B) 1n the event say system or appliance included in the We of the Property falls and Seller does not repair or replace the item, Seller will promptly notify Buyer is writing of Seller's choice so: 1. Repair or replace rite failed system or appliatnce before wide= or credit Buyer at aenlenron for rite fair market value of the failed sys- tem or appliance (dua option met be accept, a to the mortgage lendet, if any). In cub case. Buyer accepts the property and ogtees to the RELEASE set forth in paragraph 25 of this Agreement, OR 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or f Saw falls is notify Buyer d Seller's choice within the dime given, Buyer will notify Sellerin writing within „5__ DAYS or before settlement whichever is sooner, that Buyer will: L Accept the 14operty and agree to the RELEASE sa fhrdn in paragraph 25 of this Agieamcm, OR b. Taminete this Agtoemart, in whkb oast all deposit monks paid on account of purchase price will be retuned promptly to Buyer and this Agreement will be VOID. (C) Salle win bar risk of loss from fire or other casualties well time of set anent in due event of damage by fire or other asw?ties to any prop- any included in this sale that is rwt mpaired or roplacod prior to Settlement, Buyer will have die option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the property in its then condition togerber with the proceeds of any Insurance recovery obtainable by seller Buyer is hereby notified that Buyer may insure Buyer's equitable iotarest in this Property at of die time of execution of this Agreement. 24. WAiVRA OF CONM NGENCMS (1-02) if this Agreement IS condn;emt on Buyer's right to inspect and/or repair the Property, Buyer's f fire to e3urdse any of Diver's options within the time pmts ad forth to this Agreement wM eomtlwte a WAIVER or that coodegaraey and Berger accepts lba Property and agrees to the RUSE et birth in prsr"naph 25 of this Ap mart 2S. RELEASE (p•'M) Boyer hereby rdases, quit didw sad forever diseWnrges SELLER, ALL BROICBRS, dhdr LIMS MS, E49LOYM, and any OFFI- CFdt or PARTNER d are one or dm and my other PERSON, FIRM, or CORPOLMON who may be Wee by or throup them, from any and all elabos, Iowa or danwds, hrdmdimg, but act Bmited to, petamd htijaeles and property damap and all of The consequences there. of, whether now leamrn or no; vd" may arbor from the presence of tattnho or ether woed•bor" Insects, esdoa, lead-bated point ices- ands, urvirogundmial basards, any defects Is tie hWhidl ral en let sewage disposal 6ysinn or du6clancis In the on-edte water serrice systers, or any defects or eoodlderr an the Prop". Should SeAer be is default s cede r the teems of sk Agroanast, this release does not deprive buyer of ally right to p?wsm arty rrrn t" that way be available ender law or equity. This release will survive setdenent. 26. REPRESENTATIONS (1-02) (A) Buyer uodersaa li that any ropresentatioms, claims, advadsing, promotional activities, brochures or plans of any kind made by Sella, Brokers, their lktriseea, employees, officers. or partners ere trot a part of this Agreement unless expressly incorporated or noted in this Agreement. It is further undepatood dot dais Agtautaat wuwm the whole ag==e between Seiler and Buyer anti dine me no other nm obligations, covenants, representations, statements of rendition, end or otherwise of cry kind whauoeva concerning this sale. Furthermore, this Afire imern will not be altered, amended. changed, or modified, etaept in writlng exawted by the patties. (B) It Is nnWnteod that Buyer has inspected the Property before dpkg "ApetwAN (IncbdW` fixtures and any personal property speciEra y, adtedded baekn), or hr wah ed the right to des a% and boa sp%W to patv,Mrw rise Property is Its prssesa condition urdasa etierwYs noted in this Agraemehst. Buyer acknowledges that Brokers, dbair Ramoses, aapioyos, otlfears or prttaats have not mode an lodependapt Aa ntioadvin or determdwdba of On struck rd roundness of the Property, the age or condidoo of the components, envi. regimental conditions, the permitted rasa, or of co s0do r11 edstlag Its t ha looks where the Property Is situated; nor have they trade a machoded inspection or any of the system contained Mi rd0. (C) Any repairs required by this Apeernew will be completed in a worlonschlte mamma (D) Broker(s) may perform saviors to assist unrepresented patties in complying with the terns of (his Agreement (6 The headings, captions, and line numbers in this Agreement are mom only to rake it easier to fend the parapraphs. 27. DEFAULT (1-02) (A) Sugar has the option of rdWWng all sums paid by Buyer. including the deposit mans, should Buyer: 1. Fail to make soy addititmot payments ae speckled in paragraph 3: OR 2. Foram false or incomplete information to Seller, Broker(s), or the mortgage lender, if soy, concerning buyer's legal or financial status. or fail to cooperate in the processing of the mortgage loan application, which aces would result in the fatlun to obtain die approval of a rrnorigage loan commilme ar, OR 3. Violate or fail to fulfill and perform any other terror a conditions of this Agreement. (B) Uom othenrhe chadied In paragraph 27 (C), Seller may ekes to retain dose suns paid by Buyer, including deposit nmonies, in oat of the ftoilowimg mammas: 1. On of purcine ptiioc; OR y?,&Wm be apes breach. es. OR llgrddatad damages for r such uch br breach. (C) Q Sella is limited to henininp sums paid by Buyer, Including deposit moms, as liquidated damages. (D) If Sella retains all tams paid by Buyer, including deposit movies, s liquidated damages purtuant to paragraph 27 (B) or (C), Buyer and Sella win be released frorn father fi"ty or obligation and ibis Agiecmam will be VOID. 2L MEDIATION (7.116 ? NOSAVAn ABLE O W/dVED. Boyce and Salta undersund that they may choose to mediate sta leer date. Should a dispute aiac, but that these will be no obli- ,_,Amioa on the put of any party to do so. ELECTED (A) Buyer and Scher will try to resolve any dispute or claim that may arise from this Agreement daough mediation, in accordance with the Rules and Procedures of the Home SelletslRome Buyen Dispute Resoludon System Any agreement reached through a mediston conference and signed by the parties will be binding. (B) Buyer and Sdkr acknowledge that they have received, read. and understand the Rules and Procedures or the ZHItBuyera Dispute Resolution Sjurtm (pre Mediation Notice). (C) 7 his nrnen o is a disputes arising from dais Agreement will survive settlement. Bayer lnfuaha ._ AK.2lr Pacer 7 of a err.. 7..1 499 500 bet 592 50.1 504 505 005 507 Sae 599 510 $11 512 513 544 515 516 517 513 519 529 521 522 $28 324 525 526 5rr I" $29 S34 531 632 333 634 575 336 531 in S39 VO .41 542 W. 6,14 545 $46 547 so $49 550 551 552 368 594 355 555 557 5311 S59 569 561 set 563 564 585 506 557 568 669 $76 571 372 573 $74 515 576 517 578 $79 Sae 581 562 583 564 $86 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 17 117 UK sw 9w bet H2 517 See eei am in wl in Ice 911 IN M III ass es $87 no w0 u9 ell 612 eta Ha 615 rte 917 39. SPECIAL. CLAUSES (14M 617 (A) The to9swl" an pat of Ors Agreement R ebiacksd: In O sale alt: settlemoot of Othr Property ? Seownent of Otber Property Coatiogney Addendum (PAR Form 90P) 5111 Contingency Addond7m (PAR Farm SSP) O ?1 Addendum (PAR Font 1! NO ? we d: Sotdcato st of Ocher Property Coating ocy ? Nt with R*W to Contiooe Ma koting Add=&= an (PAR Form SSP-MO w/ an sea 557 Sw 5" an w1 IN Bayer and S@Ow ad[adrdedp reedving a copy of Gb Agmeeae t at the deal of dpb & as wt NOTKZ TO PARTIES; WSEN SIGNED, T1t28 AGREAbMNT 15 A BVWV4G CONTRAC'E Return by tls nde, kavoods m (PAX) of this as Agreerreyt, sad alt uddtnde, haas?g Ibr uipaaeara dab partla, cewUpt9s acoepsemw dteb Agrsasrcet Per ds tot is trrmwicton are sdvbed ass 19ageroery l 0 deft B'mq dedre bpd advice. ew ice ?? here rKdvad the Cooarear Naft a adapted by tee State Baal Bataq Commisdon at 49 Fa. Code }35336. 609 hw seal a deftwent of Bayer's athuted dodag cub" dbn dpbiig d& Apeemsat. 610 Boyer bee read used aodaduab the MdM laid wptuoatory hsiamdim art faith h dde Apseaeat- ell ? Buyer bastweb a SeBees Ftepatty Diadoem'e StaOamed btdon dpleg tbb Apiewace, if aeyairad bylaw (ace Ildormdlm Regarding 612 the Real Elute &Ber Diedeve a lAw), eta ? Buyer ban nedvad the Deposit Money Nodoe (f)ar cooparutw ado when Broker for Seger is holding depodt moary) bdo sipdng this art - M6 ? BUYER'S MM M AD UMS //? DSTr- aC!/ ?? Yltd lG,l? _ _ 6 , 4M4(2yX/+ I4M caLU! / 619 BUYER'S CTNUmE ): ale 11A Jjp__ in B DATE "a ?? in w2 SSN 112,W- Rgo If 623 j 1A a) wrrN BUYER DATE- a,o 4 Syy on :QA -- 44 $26 wrnffm B DA'Z'E 627 880E eu m oil IN 121 022 023 624 as in 627 628 US 070 931 032 633 034 on me 137 in in 600 661 642 943 644 9" 641 $47 W ens 660 631 IN 007 654 In see 697 ere BOB see set e6t Me 664 as on 607 eye 060 676 571 Seger haft approves do above comma this (dow) 63a and in eoadderaioo of die sari ices r ddered in procuring the Buyer. Sutler agrow to pay the named Broker for Sella a £ee of 531 of/hom the heron spehei[ted sde price. bt the event Buyer deft Wu bereunder, any monies paid on account WE be divided 632 Sellrt Btoka for Self but in 0o event wM tba Gam paid to the Brokor for Sella exceed die above specified Broker's fee. p3 /eat D' hag xudvad the Coanmsat Noft a adapted by ire Mate Real Rustic Cal Glow at 49 PL Code 435336. 635 bee ?? leas ratuleed a shoks e t of Seller's esdwaW dedag estt bden sipehsg dds Agn®ent. j &w bw read and understands Ore vadcas and wtpbedbory bfbradioa at forth Inc d b Ap'ement. 977 ^ 63e SELLER'S MAEUNG ADDRESS: on SELLER'S CONTACT - 640 641 641 pqz 143 ?a 1 Pa rt'i.e DATA 616 067 0q DATE $40 $$? t50 s91 Brtslarh/Iiteowa' C dacedow (deck s0 that an app abler 962 ? Re Wft iwad-Baad Fahat Rassods Dbdowne: Required Chose 1y was L?7"-. The i ndersiped Liemses involved iu 653 this transaction, on behalf of themselves ad dteir broken, oer* nut tenor statements aro one to she beet of thesis bwwledge and belief. 654 Adanowledowmah The Lioesesees involved in ddt tsaaseodoa have isefaalseed SaUa of Seller'6 obti gatio0e lutdetTbe ]lmidenCutlled-Ba6ed 666 Penn Hazard Rtdncton Act, 42 U.S.C. 44Md), and sro aw= of their rapoedMity to wuuro ooaoiance. 696 b'' 657 Reprdbig MU Martpges: The undersigned Lioenswo involved in deb aadsac ion. an behalf of damWves and their broker, cwdfy that ace tt6 terms of We contract far posnkse an sae to the best of dedr knowledge and belief, htd dW soy Oder agiraaoeut craned into by any of 890 draw parties in cwrmdm with fhb 0taneacdon is asabrd to ft A testa. 960 M RgWtiseg Mediation: The undeniped rolmr for seller ? Broker for Buyer agroe to submit to imtediatiod in sccordaoce with IN pwagr+ph 9e of dds Avmns BROIi £R FOR SR ACCBTCfia BY BROKER FOR BUl ACCFF"M BY A&2K Page a of 8 M 664 ees 666 187 ens we ve an riot VJ/ LI7nL : Z: UU LNVV1 11\1J 7172569370 _ _ DORIS LAW JGRKGAUGHE PAGE 05 ADDENDUM TO AGUEMENI' 0 SALT FOR A CONDOMJMtM t.T11T IN THZ COURZYMDS OF CARLISLE, A CONDObmn" COMMUNP,['Y This constitutes an s mendment to an Aeseemaat 199_, batwaen COC ASSOCIATES, a Petttt Nania litaitad boyar of thv Cond0MiNu1B Unit indicated bolew. les the ova the teusns of this Addendum and ft printed Real Estate Sala the tw= of this Addendum shall prevail. Sale dated and the undersigned of any inconsistencies betwe" to which it ii attached, 1, COMOMN1UM D,0=bm. '1'},e, Buyer scknowledets that it has received copla of the Declaration under which the Seller sltacl broil 71e Cowiyards of Carlisle, A C adomlttium Cmwmity, to the ?4M9Uylvsn16 Uttlfortn Co minium Act, and the BY-Laws adopted by The Courtyards of Carlisle Unit Owners Assoei ' n. Inc. T)w provisions of the Condominium Dowmer is are hereby incorporated herein by r0cren". Until IM oonve:yeeae:e of the &st unit by Seller to any purchaxr. Seller shall have 01 right, acting alone, to amend or modify the DwIvatiem, the Declaration Flan, and the ByL& reapotteibility to Buyer for say such Arnendme nt or MW;111e s right to terminate this Agreement by reason of such madiff change in the site or layout of the Unit or maternally affects allocated to the L All. Notwithstanding the incorporation of Documents into this Agreement of Sale:, if, for gay reason, 4 comply with the requirements of the Pemuyivatua Unifann be permitteel to onilater0y a mA the doments so u to E so 'd Seller shall We :to liability or n. The Buyer sWl not have the ion unlpi it materially affects a e percentage of r.0"unon intetest provisions of the Condominium Condominium Documents fail to Act, the: Seller shall therm into compliance. Buyer 0619988LIt, '10N Xdd aaa?a? J,ddtol .lag na Gz: EXHIBIT 1ZN- e shall be entitled only to those remedies, if any, provided to thr Buyer by the Act in the case of any such failure. Buyer acknowledges receipt, at or prior to the ex? ution of this Agreement, of the i Seller's Public Offering Statement and of the notice of Buyer's right to cancel the contract I contained therein. i The terms "Unit", ''Declaration", "Declnratio? Plan," , $*-Law", "Common i interests", "Undivided Share", "Common Elements", "Limitel Common Elements", and "The Courtyards of Carlisle, A Condominium Community", and alli outer terms used herein, to the extent aot specifically defined, shall have the meaning ascrib? to therm in the Declaration or under the provisions of the Act, 2. C0_ NSTRQ110N. Before settlement, 9 i eller gull substantially complete construction of a Unit and all utility services intended to macadam for the driveway and parking space serving the U1 or liable for any delay in such completion of construction of or length of such delay, and regardless of whether or riot attributable to Seller' 9 fault. In the event any such di commitment expiring or causes the mutest rate on Buyer's m( have the right to cancel this Agreement. The Unit shall be constructed by Seller the that and a base coat of Seller shall not be responsible I Unit. regardless of the causes delay is, in whole or in pan. results in Buyer's mortgage ge to increase, then Buyer shall in accordance with the floor i plan and outline specifications attached hereto, which has blen delivered to Buyer and shall inelvde the fixtures, appliances and items designated in the specifications. Seller shall have the i 2 b0 'd 061964Q 'ON Xvi t136;1df3 '8 y?dd??? ?•I3S5(16 aZ: t', ;.ni ee-91-63i Tight, at its sole discretion, to make substitutions of material w and expedient to do so, and he shall have the right to ma] construction technique or materials. Its the event of a than materials shall be substantially equal or better in quality and no size of the Unit or building. Floor plans, sketchas, models a attached hereto, shown to Buyer are for display purposes only e premise or warranty. Seller reserves the right. to make such specifications as are customary in the construction industry in and which may be occasioned by the practicality of particular field condition, current construction schedules and available Construction of this Unit for Buyer dote not Seller finds it necessary e minor changes in design or in materials, the substituted shall materially alter the sales drawings, except those do not constituts any implied from construction drawings and land County. Ptaissylvania, techniques in ligitt of and material. any agreement on Seller's or the Condominium itself to the part to improve the land or construct other Condominium Units I specifications of Buyer. Seller reserves the right to make all decisions wit regard to improvements of land and construction of the Condominium, including. without limitlation. changes in grade, removal of trees, placement of utility Wits and equipnteAt, location lux design of walks and driveways, landscaping and drainage, and all items of similar nature. ' e Unit shall be equipped with appliances, fixtures and floor and ceiluig coverings as indicated in the specifications. Any i additional items or changes, not incorromofld in the outline specifications attached to this Agreement, shall be deemed extra charges or shall const:ttre extra work. 3 SO A i i DEISM i1. 'ON Xdd HOW 1 IHIH? 113SSN B?,,it 3111 e6-31-8B At the time of settlement for this Unit, the Sell t?k may not have completed all of the Units in the Condominium. As disclosed in the Public Offering Statement deliveted to Buyer, I Seller intends, but is not obligated, to create a total of 142 Una in the Condominium. Seller is only obligated to complete those improvements which arc deeiOl ated "must be built" on the Plats and Plans of the Condominium. Seller $hatll not have the right ?o delay settlement because ofttr i Units are not substantially complete, or bemuse final grading, needing and landscaping bave rot i been completed, or because the final course of driveway materials has not beery installed. Ti:csc will be completed in acoordance, wiib Seller's construction s6edulc. At the time the Unit is corrvcyed to Seller un&7r this Agreement, other Units in i the building may not be substantially complete. 11 is *.c Seller' intention to complete Units only as Units have been sold and are conveyed to Buyer. Consequently, there will be wnstruction I activity occurring both inside and outside the building and in other areas of the Condominium property at the time of closing for this Unit. Seller acknowledges receipt of notice of this I construction activity W understands that noise, dirt, dust and other construction activity will, be i occurring around them in their new Unit. i 3, C i MQU ro UNIT AFjE$Zj Q ' CT. In the event Buyer i desites to make changes to the interior design of his Unit aft" the date of this Agreement, he may request waeh changes of Seiler, but Seller shall not be oblipted to make such changes. The parties acknowledge than the premises is a Condominium ano that changes to one Unit may I require changes to other ' huts which may not be feasible or, practical in Seller's exercise of i reasonable discretion. In the event that Buyer does request changes to wtz ch Seller agrees, the i 4 90 'd 0E I S£RL 1Z 'ON 0HEIM s IdJVO 113SS;18 8a:11 3111, 88-31-1,31 work on those changes shall ,iot owwrence until such time ai changes have been specifically agreed to in writing by Seller. Any increase in purchase price shall have been paid by Buyer to Seller, .4. WAftR4NTY. Seller warrants the Unit tp Buyer against Structural defects in the Unit or common elements for a period of two (2) year. The two (2) year period shall begin, as to each common element, whenever the con=oz elftnent has been completed, or, if later, at the time the first Unit in the building is conveyed to ? bona fide purchaser, A "Structural defect" is a defect in the comp§nents installed by the Seller or improvements performed on behalf of the Seller which reds the stability or safety of the pa-ticular item below expected standards or restricts the nonn4 intended use of such items and I requires repair, renovation, restoration or replacement. This; warmty covers specific defects i occurring in the common elements for two (2) years from the first conveyance of a Unit to an owner other than the Declarant. This warranty does not cover improvements to the Unit, nor items of maintenance relating to the common elements, and spacMoally excludes any defects i resulting from misuse or work performed by, or the actions o , any person or entity other than the Seller or employees on behalf of the Seller. The warranty contained in this section is the only applicable warranty from the Seller to the Buyer. I This limited warranty is in lieu of any other; warranty, expressed or implied. concerning the property or the Condominium, including, but ?ot limited to, implied warranties i of habitability, merchantability and fitness for a particular pur?osc. The obligation of the Seller is limited solely to the repair of the structurally defective component and does not extend to any I i S I Lo 'd OC ISMOL ON Xdj 838M 1 UJV N 11"MS BZ:11 TIL Be-91-83-A 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 06 damage or harm resulting thereby or therefrom. Except as set forth above, the preraiws *0 he sold "As Is". Seller neither assumes. MY avthotizea any perm to aaauae for Seller, any odw liability it coanatiOA with the sale or use of the promises, 'and there are oo atlreements or I warranties, either oral or written, collateral to or affeoaog 614reement of Sale. No action to safotoe the warranty created herein shall be commenoW later begins. At settlemenn, Sella will deliver to each Buyer a six (6) years 4er the warrauty from the contractor who built the guya's Vlait tact each Uait. and all equipment, ittrpisbtings, compomts, plumbing, electrical and all other portions thereof, of every kind and des?'!on, provided, construetcd or i wled try die contractor as part of the wrietruedon of the UT nit shall be tree from defects is material and %*rkmmhip for a period of a govern (19) moths horn and alter the date or settlemeat. This warranty shall be provided &reotly from the ?uildet and shall not be tom the Seller of the Unit. TM Seller stall tnasfet to Boa at settlement; all Manufammr's warranties o» appliances sold with the Unit if and to the exicat available anI assignable. Additionally. the Seller shall make available toy Buyer, at nc additional charge, a Tao Year Limited Warranty thtough a borne warranty Units ft mced thco* E. R A. ,-A 8o 'd OEIS£62LIL 'ON XVI to be sekctod by Seller for ail I HIM 4 bd Val 1133SM b? 2- 0£ ; 113M 88-91-834 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE SEMBR; COC Wa, a Pcn WIVAwa limited p4ttinaship 1 ft Co? - (WI e?ral ) BY-.4.- 1 Eddie r i r I 7 PAGE 07 BO 'd OE1566au 'ON Kid nano 9 imm 113ssm 1£:11 Tu 66-91-83A ? U vZ `71l Tax Parcel : dj,//VV,?,?-?(Z 4 ?Z THIS INDENTURE, MADE THE A Y day of in the year of our Lord two thousand two (2002) be wf een COC ASSOCIATES, a Pennsylvania Limited Partnership, hereinafter referred to as "Grantor", AND RICHARD M. BRADY and JEANETTE M. BRADY, husband and wife, hereinafter referred to as "Grantees" WITNESSETH, That in consideration of the sum of One Hundred Thirty-five Thousand Three Hundred Thirty-four and 00/100 ($135,334.00) Dollars, in hand paid, the receipt of which is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN unit in the property knows in the Declaration referred to below as "TI Carlisle, A Condominium Community", locate( Carlisle, County of Cumberland and Commonw( which has heretofore been submitted to the Pennsylvania Uniform Condominium Act, 68 P< et. seq., by the recording in the Office of in and for Cumberland County, Pennsylvania, dated February 26, 1999, and recorded Apri= Miscellaneous Book 610, Page 678 (together and supplements thereto recorded on or bef( and the Amendment to Declaration of Condom: of Carlisle, A Condominium Community dated recorded in Miscellaneous Book 628, Paae 7( named and identified e Courtyards of in the Borough of alth of Pennsylvania, provisions of the C.S.A. Section 3101, the Recorder of Deeds of a Declaration 22, 1999, in with all amendments re the date hereof) nium of the Courtyards October 26, 1999 and 0, and the Second Amendment to Declaration of Condominium of the Courtyards of Carlisle, A Condominium Community, dated May 3, 2000 and recorded in Miscellaneous Book 644 Page 624, and the Third Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated March 28, 2001 and recorded April 19, 2001, in Miscellaneous Book 672 Page 614, and the Fourth Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated October 16, 2001, and recorded December 31, 2001 in Miscellaneous Book 683 Page 2441, being and designated in said Amendment to Declaration and the herein described Declaration Plan as Unit No. 222, as more fully described in such Declaration, together with a proportionate undivided interest in the Common Elements as defined in such EXHIBIT Declaration, s UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights-of-way, easements and agreements of record, including (but not limited to) those contained in the Declaration and Declaration Plan. TOGETHER with the limited common elements appurtenant as more fully shown on the Declaration Plan recorded in Plan Book-78, Page 117, the Condominium Declaration Plat/Plan for a portion of Lot 1 (Phase I), Buildings 2 and 23 and Public Improvements recorded in Right-of-Way Plan Book 12, Page 83 on October 27, 1999, Amendments to Plots and Plans, Building 3, recorded in Plan Book 81, Page 9, and New Declaration Plan dated April 19, 2001 and recorded in Plan Book 83, Page 24, Building 4, covering units 41, 42, 44, and 45, and Declaration Plan Building number 21 dated December 31, 2001 and recorded in Plan Book 83, Page 89 and Plan Book 84, Page 85, Buildings 21 and 22, covering units 211 thru 225, and recorded in Plan Book 85, Page 9, together with all amendments and supplements thereto recorded on or before the date hereof. BEING PART OF THE SAME PREMISES which James S. Hall, by deed dated April 8, 1998, and recorded April 9, 1998, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book Volume 175, Page 88, granted and conveyed unto COC Associates, a Pennsylvania limited partnership, the Grantor herein. AND the said grantor hereby covenants and agrees that it will warrant Specially the property hereby conveyed. G? t ? iJ l rr! F - -j La Z r--i u a LL- C.,a. Cn F-- p -Z CV C\j .. .... ..i z '=:i i_t i ,r iii YC! .T Ri i rT 1'YI 'f7 ::Y ?"'° ?•'•' I•?'f !y'1 ?Y,,.,t 15 f ! `i i'•'1 1 "! !"! w J Ni Y aZ f.!.! U e ,-,,'. 'µ_.,i'.• . ,. . iV7 .'7,77 41'-' -•a 'rv ! f?f7 3 1 I '" , t?l . 1 •! .. .i ?...? t:'? .yam .,,,? ..,{ 'sy Cp ? i 7 "' ' - !-3 2 Y ? - •^`• 1`-.a Fe) ..G•- CJ w .K C7 k. :L .1 i 171 X7?; fu f l ! c l L. .I 3 .. :_ . : .t jil BOOK , ?..1 !..:.t ? r•-r r3°. F.•x?!7 C:•. r ?^_ ?.?7 c::i"• ?.,., `•t C.li t. !7 ?: r.. 252 PAGEe 973 IN WITNESS WHEREOF, said grantor has hereunto set its hand and seal the day and year first written. Signed, Sealed and Delivered In the Presence of Attest: COC Associates, a Pennsylvania Limited Partnership By: COC, Inc.,,.}ts sgk§ mineral partner By: Eddie P. rogar'.,, Se.cr tarv Eddie P. Drogar' , Pre ident STATE OF Anna. SS. COUNTY OF La ngw4,., on this, the Altay of 2002, before me, the undersigned officer, personally appeared Eddie P. Drogaris, who acknowledged himself to be the President and Secretary of COC, Inc., the sole general partner of COC Associates, a Pennsylvania limited partnership, and he as such President and Secretary, and being authorized so to do, signed the foregoing Deed in the names of COC Associates and acknowledged the foregoing Deed to be its act and deed and desired the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL ;4T MELODy AL J. MARTIN, ARY PUBLUO ST EApLlW p., COUNTY OF EXPIREUGUST 7C,2005R Cp{?!N@SSION INK eou 252 PA4974 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence and complete post office address of the wit in named grantee is •,Z4 If , 2001 State of Pennsylvania: SS. County of Agent for 2a ee RECORDED on this day of A.D. 2002, in the Recorder's office of said County, in Deed Book Volume Page Given under my hand and the seal of the said office, the date above written. Recorder. ( c';j-.x!': finis to he recorled I?1 Cuts beril and County PA Recorder of Deeds BOOK 252 FAU3975 G\Users\dls\CVR\courtyards.certificate.wpd:12/20/01 THE COURTYARDS OF CARLISLE, A CONDOMINIUM COMMUNITY CERTIFICATE OF SUBSTANTIAL COMPLETION I, Gary E. Weaver, of Tippetts, Weaver and Others Architects, Inc., certify as follows: I am a Registered Architect, License No. X 11624, in the Commonwealth of Pennsylvania. 2. This Certificate is given pursuant to Sections 3414(c) and (d) of the Pennsylvania Uniform Condominium Act, Act of July 2,1980, P.L. 286, No. 82, as amended, and pertains to The Courtyards of Carlisle, A Condominium Community, located in the Borough of Carlisle, Cumberland County, Pennsylvania. The Declarant is COC Associates, a Pennsylvania limited partnership. 3. All structural components and common element mechanical systems of the structure which contains Unit No. 222 of The Courtyards of Carlisle, A Condominium Community, are substantially completed to the extent required of the Declarant so as to permit the use of such unit and any limited common elements appurtenant thereto for their intended use and such unit is substantially completed in accordance with the description set forth in the Declaration and Public Offering Statement. IN WITNES"41EREO-F:, this Certificate of Substantial Completion is executed thiv4e? day of nit »?j ? i?l ? c ??p4 47. COMMOr?ALLTF V YLVANIA i tCOUNTY OF LANCASTER G r ss: On this, the / d `I day of d'L , 200,z , before me, a Notary Public, the undersigned officer, personally appe d G E. Weaver, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged th executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL MELODY J. MARTIN, NOTARY PUBLIC WEST EARL TWR, COUNTY OF LANCASTER W COMMISSION EXPIRES AUGUST 27, 2005 OZVL Tok Ai? BuunERs ;!? INC July 15, 2002 Richard & Jeanette Brady 28 Courtyard Drive Carlisle, PA 17013 Dear Richard & Jeanette, Welcome to your new home. We at Your Towne Builders are proud of the home we have built for you. Construction involved many different materials and subcontractors who exhibit the same care and integrity as we. Enclosed in this booklet is your warranty from Your Towne Builders Inc., and all of your product information and manuals. Please take a few minutes to read through the literature. Enclosed with your warranty are two warranty service request forms. The first form is your 30-day list for any items which may need corrected or adjusted after your first month of ownership. The second form is your 11-month list. Both of these lists should be mailed to Your Towne Builders Inc., at 2137 Embassy Drive, Suite 210, Lancaster, PA 17603. We suggest you keep a running list of items that need corrected as you find them. Again, welcome to your new home. in it. We hope you enjoy many memories Sincerely, "Stephen J. Artz President Your Towne Builders Inc. EXHIBIT T 2137 Embassy Drive • Suite 210 • Lancaster, PA 17603 • (717) 390-3080 • Fax (717) 390-3071 yourtowne@aol.com TpR? BUMBERS INC YOUR TOWNE BUILDERS, INC. PRESENTS THE LIMITED WARRANTY SUBJECT TO CHANGE This Limited Warranty does not cover consequential or incidental damages. Warrantor's total aggregate liability of this Limited Warranty is limited to the Final Sales Price of Physical Improvements. The Builder makes no housing merchant implied warranty or any other warranties, express or implied, in connection with the warranted Home, and all such warranties are excluded, except as expressly provided in this Limited Warranty. There are no warranties which extend beyond the face of this Limited Warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages by the Builder so all the limitations or exclusions of this Limited Warranty may not apply to you. F: MYOFFICOWINWORDIWARRANT"DENDUI3.DOC 2137 Embassy Drive • Suite 210 • Lancaster, PA 17603 • (717) 390-3080 • Fax(717)390-3071 yourtowne@aol.com Section 1. Definitions A. Introduction To help you better understand your Limited Warranty, refer to the following list of definitions which apply in this book. B. Definitions 1. Administrator Your Towne Builders, Inc. is the Administrator of this Limited Warranty. 2. Appliances and Items of Equipment, including Attachments and Appurtenances Water heaters, pumps, stoves, refrigerators, compactors, garbage disposals, ranges, dishwashers, washers and dryers, bathtubs, sinks, commodes, faucets, light fixtures, switches, outlets, thermostats, furnaces and tanks, humidifiers, purifiers, air conditioning materials, in-house sprinkler systems and similar items. 3. Registration of Warranty The form signed at closing by you, the Purchaser, and the Builder which identifies the location, the Effective Date of Warranty and the Final Sales Price of the enrolled Home. 4. Arbitrator A representative of the National Academy of Conciliators or another independent arbitration service agreed upon by you, the Purchaser, and the Administrator to determine coverage on an Unresolved Warranty Issue. 5. Builder The corporation which participates in the Limited Warranty Program and has provided this Limited Warranty for you. 6. Building Codes The following codes are acceptable to the Administrator of the Limited Warranty: a. Building Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Building Code (BOCA) b. Mechanical Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Mechanical Code (BOCA) c. Plumbing Codes (1) CABO 1 & 2 Family Dwelling Code (2) International Plumbing Code (3) National Plumbing Code (BOCA) d. Electrical Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Electrical Code (BOCA) 7. Consequential Damages All consequential damages including, but not limited to, personal property, costs of shelter, transportation, food, moving, storage or other incidental expenses related to relocation during repairs. 8. Cooling, Ventilating and Heating Systems All ductwork, refrigerant lines, steam and water pipes, registers, convectors and dampers. 9. Defect A condition of any item warranted by this Limited Warranty which exceeds the allowable tolerance specified in this Limited Warranty. Failure to complete construction of the Home or any portion of the Home, in whole or in part, is not considered a Defect. 10. Effective Date Of Warranty The date coverage begins as specified on the Registration of Warranty form. The effective date is the date of closing or occupancy, whichever occurs first. 11. Electrical Systems All wiring, electrical boxes and connections up to the house side of the meter base. 12. Home The single family dwelling, identified on the Registration of Warranty form, which may be a townhome, condominium or duplex. 13. Limited Warranty The terms and conditions contained in this publication including any applicable addenda. 14. Major Structural Defects (MSD) All of the following conditions must be met to constitute a Major Structural Defect: a. actual physical damage to one or more of the following specified load-bearing segments of the home: b. causing the failure of the specific major structural components; and c. which affects its load-bearing function to the degree that it materially affects the physical safety of the occupants of the home. Load-bearing components of the home deemed to have MSD potential: (1) roof framing members (rafters and trusses); (2) floor framing members (joists and trusses); (3) bearing walls; (4) columns; (5) lintels (other than lintels supporting veneers); (6) girders; (7) load-bearing beams; and (8) foundation systems and footings Examples of non-load-bearing elements deemed not to have Major Structural Defect potential: (1) non-load bearing partitions and walls; (2) wall tile or paper, ect; (3) plaster, laths or drywall (4) flooring and subflooring material; (5) brick, stucco, stone or veneer (6) any type of exterior siding; (7) roof shingles, sheathing and tar paper; (8) heating, cooling, ventilation, plumbing, electrical and mechanical systems; (9) appliances, fixtures or items of equipment; and (10)doors, trim, cabinets, hardware, insulation, paint and stains. 15 Owner See Purchaser. C16. Plumbing Systems All pipes located within the Home and their fittings, including gas supply lines and vent pipes. 17. Purchaser You. The Purchaser includes the first buyer of the warranted Home and any and all subsequent owners who take title within the warranty period. 18. Residence See Home. 19. Sewage Disposal system (Private or Public) This system includes, all waste, drainage, sewer pipes and lines, cleanouts, tanks, pumps, drainfields and seepage pits, outside and beyond the exterior wall of the home. 20. Structurally Attached An integral part of the Home being structurally supported by footings, block walls, or reinforced concrete and connected to the foundation of the Home. 21. Unresolved Warranty Issue All requests for warranty performance, demands, disputes, controversies and differences that may arise between the parties to this Limited Warranty that cannot be resolved among the parties. An Unresolved Warranty Issue may be a disagreement regarding: a. the coverages in this Limited Warranty; b. an action performed or to be performed by any party pursuant to this Limited Warranty; c. the cost to repair or replace any item covered by this Limited Warranty. 22. Warrantor Your Towne Builders, Inc. 23. Water Supply System (Private or Public) This system includes, all supply and distribution pipes, fittings, valves, pumps and wells, outside the exterior wall of the Home, which supply water to the Home. Section II. The Limited Warranty A. Introduction to the Limited Warranty 1. This publication provides specific details, conditions and limitations of the Limited Warranty including procedures for requesting warranty performance and for binding arbitration, in accordance with the procedures of the American Arbitration Association. Read this document in its entirety to understand the protections it afford the exclusions ap lip cable to it, the Warranty Standards which determine its interpretations and operation and your responsibilities. 2. This is NOT an insurance policy, a maintenance agreement or a service contract. It is an explanation of what you, the Purchaser, can expect from this Limited Warranty. 3. Appliances and Equipment included in the Home are not warranted under this Limited Warranty, but may be covered by separate warranties provided by the manufacturer or supplier. These warranties are passed on to you by Your Towne Builders, Inc. at closing and are separate from this Limited Warranty. Your Towne Builders, Inc. will assist homeowner in obtaining warranty services from the manufacturer or supplier of appliances and equipment items not included in this Limited Warranty. 4. You are responsible for maintenance of your new Home. General and preventative maintenance are required to prolong the life of your new Home. 5. This Limited Warranty is automatically transferred to subsequent Owners during the eighteen month term of this Limited Warranty. 6. This Limited Warranty is subject to changes required by various regulating bodies. FHA and VA, as well as some local agencies have mandated the additions noted in the Addenda Section of this Limited Warranty publication. These addendas may or may not apply to your warranty. B. The Limited Warranty Actions taken to cure Defects will NOT extend the periods of specified coverages in this Limited Warranty. 2. Only warranted elements which are specifically designated in the Warranty Standards are covered by this Limited Warranty. 3. The Warrantor has the choice to repair, replace or pay the reasonable cost to repair or replace warranted items which do not meet Warranty Standards and are not excluded in the Limited Warranty. 4. If a warranted MSD occurs during the appropriate coverage period, and is reported as required in Section IV, the Warrantor will repair, replace or pay you the reasonable cost to repair or replace the warranted MSD, limited to actions necessary to restore the MSD to its load-bearing capacity. C. Warranty Coverage Eighteen Month Coverage: Your Builder warrants that for a period of eighteen (18) months after the Effective Date Of Warranty, warranted items will function and operate as present Warranty Standards, Section III. Coverage is ONLY available where specific Standards and Actions are represented in this Limited Warranty. 2. Condominium Coverage: This Limited Warranty shall only apply to warranted common elements. Warranted common elements are those portions of the defined electrical, heating, ventilation, cooling, plumbing and structural systems which serve two (2) or more residential units, and are contained wholly within a residential structure. Warranty coverage for common elements shall be for the same periods and to the same extent as similar or comparable items in individual residential units. Examples of common elements which are covered by this Limited Warranty are hallways, meeting rooms and other spaces wholly within the residential structure designated for the use of two (2) or more units. A Conditions 1. This Limited Warranty provides coverage for items not covered by other warranties, whether collectible or not. 2. This Limited Warranty is binding on the Builder and you and your heirs, executors, administrators, successors and assigns. 3. This Limited Warranty shall be interpreted and enforced in accordance with the laws of the state in which the Home is located. 4. This Limited Warranty is separate and apart from your contract and/or other sales agreements. It cannot be effected, altered or amended in any way by any other agreement which you may have. 5. This Limited Warranty cannot be modified, altered or amended in any way except by a formal written instrument signed by you and the Administrator. 6. If any provision of this Limited Warranty is determined by a court of competent jurisdiction to be unenforceable, that determination will not effect the validity of the remaining provisions. 7. All notices required under this Limited Warranty must be in writing and sent by mail, postage prepaid, to the recipient's address shown on the Application For Warranty form, or to whatever address the recipient may designate in writing. 8. If actions by the Warrantor on any obligations under this Limited Warranty are delayed by an event beyond its control, such performance will be excused until the delaying effects of the event are remedied. Such events include, but are not limited to, acts of God, acts of the common enemy, war, riot, civil commotion or sovereign conduct, or acts or omissions by you or any other person not a party of this Limited Warranty. 9. Costs incurred for unauthorized repairs to warranted items are not reimbursable. Written authorization prior to incurring expenses must be obtained from the Administrator. 10. Whenever appropriate, the use of one gender includes all genders and the use of the singular includes the plural. 11. Under this Limited Warranty, the Warrantor is not responsible for exact color, texture or finish matches in situations where materials are replaced or repaired, or for areas repainted or when original materials are discontinued. 12. The Builder must assign to you all manufacturers' warranties on products included in the Final Sales Price of your Home. 13. You are responsible for establishing a written, final walk-thru inspection list of items in need of service prior to occupancy or closing, whichever is first. Cosmetic repairs (not workmanship or product related) of items including but not limited to: carpet, vinyl, tile, hardwood, paint, plumbing fixtures, cabinetry, countertops, appliances, window and door screens, glass and mirrors discovered after walk-thru are NOT covered under this limited warranty. The final walk-through list must be signed and dated by you and your Builder. Keep a copy for your records. E. Exclusions The following are NOT covered under this Limited Warranty: 1. Loss or damage: a. to land. b. to the Home, persons or property directly or indirectly caused by insects, birds, vermin, rodents, wild or domestic animals. c. which arises while the Home is used primarily for non-residential purposes. d. caused by soil movement, including subsidence, expansion or lateral movement of the soil which is covered by any other insurance or for which compensation is granted by legislation. e. resulting directly or indirectly from flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these (whether or not driven by wind), water which backs up from sewers or drains, changes in the water table which were not reasonably foreseeable, water below the surface of the ground (including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other structure), wetlands, springs or aquifers. f. from normal deterioration or wear and tear. g. caused by material or work supplied by anyone other than the Builder or its employees, agents or subcontractors, including the items listed as additional exclusions on the Registration of Warranty form. h. from your or the condominium association's failure to perform routine maintenance on the Home, common areas, common elements or your or the condominium association's grounds. i. to wiring, to and between communication devices from the source of power, whether or not connected to the interior wiring system of the Home. Such devices shall include, but not limited to, telephone systems, television cable systems, intercom systems, y; computer systems and security systems. Sources of power shall include, but not limited to, service entrance conductors, switches, outlets, receptacles and junction boxes. 2. Loss or damage resulting from, or made worse by: a. change in the grading of the property surrounding the Home by anyone except the Builder or its employees, agents or subcontractors. b. changes in grading caused by erosion. c. modifications or additions to the Home, or property under or around the Home, made after the Effective Date Of Warranty (other than changes made in order to meet the obligations of this Limited Warranty). d. intrusion of water into crawl spaces. e. the weight and/or performance of any type of waterbed or any other furnishing which exceeds the load-bearing design of the Home. f. the presence or consequence of unacceptable levels of radon, formaldehyde, carcinogenic substances or other pollutants and contaminants; or the presence of hazardous or toxic materials resulting in uninhabitability or health risks within the Home. g. acts or omissions by you, your agents, employees, licensees, invitees; accidents, riots, civil commotion, nuclear hazards, acts of God or nature, fire, explosion, blasting, smoke, water escape, windstorms, hail, lightning, ice, snow, falling trees, aircraft, vehicles, flood, mud slides, sinkholes, mine subsidence, faults, crevices, earthquake, land shock waves or tremors occurring before, during or after a volcanic eruption. h. your failure to perform routine maintenance. i. your failure to minimize or prevent such loss or damage in a timely manner. j. defects in, but not limited to, recreational facilities, retaining walls, bulkheads, sodding, seeding, subsurface drainage systems, lawn sprinkler system, off-site improvements, including streets, sidewalks, adjacent property and the like. k. defects in detached garages or outbuildings (Except those which contain plumbing, electrical, heating, cooling or ventilating systems serving the Home, and then only to the extent where Defects would affect these systems). A detached garage is one which is constructed on its own foundation, separate and apart from the foundation of the Home. A breezeway, fence, utility line or similar union shall not cause a garage or outbuilding to be considered attached. 1. negligent maintenance or operation of the Home and its systems by anyone other than the Builder or its agents, employees or subcontractors. m. any portion of a Water Supply System, private or public, including volume and pressure of water flow. n. quality and potability of water. o. any portion of a Sewage Disposal System, private or public, including design. 3. Failure of the Builder to complete construction of the Home or any part of the Home on or before the Effective Date Of Warranty or damages arising from such failure. An incomplete item is not considered a Defect, although the Builder may be obligated to complete such items under separate agreements between you and the Builder. 4. Any deficiency which does not result in actual physical damage or loss to the Home. 5. Any Consequential Damages. 6. Personal property damage or bodily injury. 7. Violation of applicable Building Codes or ordinances unless such violation results in a Defect which is otherwise covered under this Limited Warranty. Under such circumstances, the obligation of the Warrantor under this Limited Warranty shall only be to repair the defective warranted portion of the Home, but not to restore or bring the Home to conform to code. S. Any request for warranty performance submitted to the Administrator after an unreasonable delay or later than 30 days after the expiration of the applicable warranty period. 9. Warranted Defects that you repair without prior written authorization of the Administrator. 10. Any damages to, or resulting from a swimming pool whether located within or outside the Home, as a result of its construction, placement, use, equipment, maintenance, etc. 11. The removal and/or replacement of items specifically excluded from coverage under this Limited Warranty, such as personal property, items not originally installed by the Builder, such as wallpaper, where removal and replacement are required to execute a repair. 12. Any defect caused by moisture, rot, mildew, or rust, except where moisture, rot, mildew or rust is caused by a warranted item. 13. Sound transmission and sound proofing between rooms or floor levels. 14. Appliances and Equipment included in the Home are not warranted under this Limited Warranty, but may be covered by separate warranties provided by the manufacturer or supplier. These warranties are passed on to you by the Builder at closing and are separate from this Limited Warranty. F. Limitation of Liability 1. The Warrantor's liability and obligations are limited to the repair, replacement or the payment of the reasonable cost of repair or replacement of warranted items not to exceed an aggregate equal to the Final Sales Price of Physical Improvements of the Home as listed on the Registration of Warranty form or otherwise provided to the Administrator. The choice to repair, replace or make payment is the Warrantor's. 2. All other warranties, express or implied, including, but not limited to, all implied warranties of fitness, merchantability or habitability, are disclaimed and excluded to the extent allowed by law. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. CATEGORY OBSERVATION ACTION REQUIRED COMMENTS 1. FOUNDATION BASEMENT 1.1 Cracks appear in No action required. The expansion/contraction control joints. joint is placed to control cracking. This is not a deficiency. 1.2 Pit, depression or areas of unevenness in areas designed for living purposes. Builder will correct those areas in which Defect exceeds 1/4 in. within a 32 in. measurement. In rooms not initially designed as finished living areas or where a floor or a portion of a floor surface has been designed for specific drainage purposes, a slope which exceeds 1/4 in. within a 32 in. measurement is not a deficiency. 1.3 Cracks in poured concrete foundation walls. Builder will correct any crack which exceeds 118 in. in width Shrinkage cracks are common and should be expected. Surface patching and epoxy injection are examples of acceptable repair methods. 1.4 Cracks in block or Builder will correct cracks which Some cracks are common through veneer wall. exceed 1/4 in. in width. masonry and mortar joints. Cracks V4 in. or less are considered routine Owner maintenance. 1.5 Leaks resulting in Builder will correct. A one-time occurrence may not actual flow or trickling indicate a Defect. Owner must of water through wall maintain proper grading around or floor, causing an the Home and maintain any surface accumulation. water control systems installed by Builder. Dampness and condensation are normal conditions and are not covered by this Limited Warranty. 1.6 Disintegration of the Builder will correct disintegrated Disintegration caused by erosion concrete floor surface surfaces caused by improper due to salt, chemicals, implements placement of concrete. used and other factors beyond Builder's control is not a warranted deficiency. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. FOUNDATION (continued) 1.7 Cracks in concrete floor Builder will correct so Defect is Minor impressions in floor covering which rupture or signific- not readily noticeable when are not considered significant antly impair performance floor covering is in place. imperfections. of floor covering. 1.8 Condensation on walls, No action required. Maintaining adequate ventilation and joists, support columns moisture control is considered and other components Owner maintenance. of basement area. CRAWL SPACE 1.9 Cracks in poured concrete Builder will correct any crack Surface patching and epoxy foundation walls. which exceeds 1/8 in. in width. injection are examples of acceptable repair methods. Shrinkage cracks of 1/8 in. or less are common and should be expected. 1.10 Cracks in block or Builder will correct cracks greater Surface patching and epoxy veneer wall. then 1/4 in. in width. injection are examples of acceptable repair methods. Shrinkage cracks of 1/4 in. or less are common and should be expected. 1.11 Inadequate ventilation. Builder will install properly sized Maintaining adequate ventilation and louvers or vents. moisture control, including seasonal adjustment of vent openings, is considered Owner maintenance. 1.12 Condensation on walls, No action required. Maintaining adequate ventilation and joists, support columns and moisture control, including seasonal other components of the adjustment of vent openings, is crawl space area. considered Owner maintenance. SLAB ON GRADE 1.13 Cracks appear in control No action required. Expansion/contraction joint is joints. placed to control cracking. This is not a deficiency. 1.14 Pits, depressions or Builder will correct areas in which In rooms not initially designed as areas of unevenness in areas Defect exceeds 1/4 in. within a finished living areas or where a floor designed for living 32 in. measurement. or a portion of a floor surface has purposes been designed for specific drainage purposes, a slope which exceeds 1/4 in. within a 32 in. measurement is acceptable. 1.15 Disintegration of concrete floor surfaces. Builder will correct disintegrated Disintegration caused by erosion surfaces caused by improper placement of concrete. due to salt, chemicals, implements used and other factors beyond Builder's control is not a warranted deficiency. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. FOUNDATION (continued) 1.16 Crack in concrete floor Builder will correct so Defect is Minor impressions in floor covering which ruptures or signifi- not readily noticeable when floor are not considered significant cantly impairs covering is in place. imperfections. performance of floor covering. 1.17 Cracks in attached Builder will correct cracks which Surface patching and epoxy injections garage slab. exceed 1/4 in. in width or vertical are examples of acceptable repair displacement. methods. Shrinkage cracks are common and should be expected. 1.18 Cracks in concrete floor Builder will correct cracks which Surface patching and epoxy injections of unfinished area (no exceed 1/4 in. in width or vertical are examples of acceptable repair floor covering) or in displacement. methods. Shrinkage cracks are areas not designed for living. common and should be expected. 1.19 Cracks invisible face of Builder will correct cracks in Surface patching and epoxy injections foundation. excess of 1/8 in. in width. are examples of acceptable repair methods. Shrinkage cracks are common and should be expected. 2. FRAMING CEILING 2.1 Uneven ceiling. Builder will correct if unevenness Some minor framing imperfections exceeds 1/4 in. within a 32 in. should be expected. measurement. FLOOR 2.2 High and low areas. Builder will correct if high or low Some minor framing imperfections areas exceed 1/4 in. within a should be expected. 32 in. measurement. 2.3 Floor squeaks. Builder will correct if caused by a A squeak-proof floor cannot be defective joist or improperly guaranteed. Lumber shrinkage as installed subfloor. well as temperature and humidity changes may cause squeaks. ROOF 2.4 Split or warped rafters or No action required. Some splitting and warping is normal trusses. and is caused by high temperature effects on lumber. WALL 2.5 Bow or bulge. Builder will correct if bow or Minor framing imperfections should be bulge exceeds 1/4 in. within 32 in. expected. horizontal or vertical measurement. 2.6 Out-of-plumb. Builder will correct where out-of- Minor framing imperfections should be plumb condition exceeds 3/4 in. expected. within 8 ft. vertical measurement. 2.7 Wall is out-of-square No action required. A wall out-of-square is not a Defect. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. 3. EXTERIOR STRUCTURALLY 3.1 Wood twisting, warping Builder will correct only if due to Twisting, warping or splitting of wood ATTACHED WOOD or splitting improper installation. deck material is normal due to exposure DECKS to the elements. Owner maintenance is required. 3.2 Settlement Builder will correct slope of deck which exceeds a ratio of 2 in. in a 10 ft. measurement. 3.3 Loose railing or post. Builder will correct if due to improper installation. DOOR 3.4 Binds, sticks or does not Builder will correct if caused by latch. faulty workmanship or materials Some sloping is often provided to allow for water drainage. Owner maintenance is required. Seasonal changes may cause doors to expand and contract, and are usually temporary conditions. 3.5 Wood door panel No action required. Panels will shrink and expand and shrinks. may expose unfinished surfaces. 3.6 Warping Builder will correct warping which Seasonal changes may cause doors exceeds 114 in., measured to expand and contract, and are vertically, horizontally or usually temporary conditions. diagonally. 3.7 Split in panel. Builder will correct if split allows the entrance of elements. 3.8 Separation between door Builder will correct if daylight is and weather-stripping, visible or if entrance of elements occurs under normal conditions. 3.9 Screen mesh is torn or damaged. 3.10 Overhead garage door fails to operate or allows rain or snow to leak through. Splits which do not allow the entrance of elements are considered normal. Owner maintenance is required. Even with properly installed weather stripping, some movement of the door when closed, may be expected. Owner maintenance is required for minor alterations to adjustable thresholds and other parts of the door. Builder will correct only if damage Owner is responsible for establishing is documented prior to occupancy. a pre-closing walk-through inspection list. Builder will correct garage doors Some entrance of elements can be which do not fit or operate expected and is not considered a properly. deficiency. If Owner installs a garage door opener, Builder is not responsible for operation of door. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Read SectionII to determine if the following Warranty Standards apply. EXTERIOR (continued) ROOFING 3.11 Roof and roof flashing leaks. 3.12 Lifted, torn or curled shingles. 3.13 Inadequate ventilation 3.14 Water stays in gutters 3.15 Gutter or downspout leaks. SITE WORK 3.16 Standing water within 1 Oft. of the foundation. 3.17 Settling of ground around foundation walls, utility trenches or other filled areas where there has been excavation and backfill which affected foundation drainage. STRUCTURALLY 3.18 Settlement, heaving or ATTACHED movement. STOOP, PORCH AND PATIO 3.19 Concrete splatters on adjacent surfaces. Builder will correct if leak occu under normal conditions. Builder will correct if due to poor installation. Builder will provide adequate ventilation. 7 0 No action is required if leak is due to snow or ice build-up, high winds or driving rains. is required. Moisture accumulation in attics which are not adequately vented is a deficiency. It is Owner's responsibility to keep existing vents clear of obstructions to promote air flow. Builder will correct to limit standing Owner is responsible for keeping water depth at 1 in. gutters and downspouts clean. Builder will correct leaks at Owner is responsible for keeping connections. gutters and downspouts clean. Gutters may overflow during heavy rains. Builder will correct water which Standing water beyond the 10 ft. stands for more than 24 hours, or perimeter of the foundation is not more than 48 hours in swales. covered by this Limited Warranty. Owner is responsible for establishing and maintaining adequate ground cover. If final grading was performed by If settlement does not exceed 6 in., it Builder, he will replace fill in is Owner's responsibility to fill affected excessively settled areas only areas. The party responsible for once. establishing the final grade shall provide for positive drainage away from foundation. Owner is responsible for establishing and maintaining adequate ground cover. Builder will correct if movement Stoops, porches and patios which exceeds 1 in. from the home for are poured separately and simply stoops, porches and patios which abut the house are not covered by are structurally attached. this Limited Warranty. Builder will correct only if damage Owner is responsible for establishing is documented prior to occupancy. a pre-closing walk-through inspection list. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in Sectionll of this Limited Warranty. Read SectionIl to determine if the following Warranty Standards apply. EXTERIOR (continued) WALL COVERING 3.20 Entrance of elements Builder will correct entrance of Any separations 3/8 in. or less are through separations of elements or separations considered routine Owner siding or trim joints, or exceeding 318 in. by caulking maintenance. separation between trim or other metods. and surfaces of masonry or siding. 3.21 Cracks in stucco, cement and plaster surfaces. Builder will correct affected area if due to improper workmanship or materials. Hairline cracks are common. 3.22 Siding materials deteriorate, delaminate or come loose 3.23 Paint or stain peels or deteriorates. Builder will correct affected area if due to improper workmanship or materials. Builder will correct. If 75% of a particular wall is affected, entire wall will be corrected. Separated, loose or delaminated siding can also be due to improper maintenance. Wavy siding may be due to temperature changes and can be expected. Some fading is normal and is caused by weathering. Mildew and fungus on siding are caused by climatic conditions and are considered routine maintenance. Varnish or lacquer will deteriorate quickly and is not covered by this Limited Warranty. 3.24 Paint splatters and smears Builder will correct only if damage Owner is responsible for establishing on other surfaces. is documented prior to occupancy. a pre-closing walk-through inspection list. 3.25 Faulty application of paint on wall and trim surfaces. Builder will correct affected area. If greater than 75% of wall or trim piece is affected, entire surface will be corrected. Some minor imperfections such as overspray, brushmarks, etc., are common and should be expected. 3.26 Knot holes bleed through Builder will correct affected areas Knot holes will be apparent depending paint or stain. where excessive bleeding of knots on the quality of materials used. appear. 3.27 Vent or louver leaks. Builder will correct if caused by improper installation. 3.28 Cracks in masonry, veneer, Builder will correct cracks which stone, etc. exceed 1/4 in. in width. Properly installed louvers or vents may at times allow rain or snow to enter under strong wind conditions and is not a deficiency. Some cracks are common through masonry and mortar joints. Cracks 1/4 in. or less are considered routine Owner maintenance. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. EXTERIOR (continued) WINDOWS 3.29 Condensation or frost No action required. Condensation is relative to the quality on interior window surface. and type of windows. Temperature differences in high levels of humidity along with individual living habits will cause condensation. 3.30 Clouding or condensation Builder will correct only if damage Owner is responsible for establishing between panes of glass. is documented prior to occupancy. a pre-closing walk-through inspection list. 4. INTERIOR DOORS 3.31 Glass breakage. Builder will correct only if damage Owner is responsible for establishing is documented prior to occupancy. a pre-closing walk-through inspection list. 3.32 Excessive drafts and leaks. Builder will correct poorly fitted windows. 3.33 Difficult to open, close or lock. 4.1 Latch is loose or rattles. No action required. Builder will correct. 4.2 Binds, sticks or does not Builder will correct if due to faulty latch. workmanship and materials. 4.3 Warping Builder will correct warping which exceeds 1/4 in., measured vertically, horizontally or diagonally. Relative to the quality and type of windows, some drafts are normally noticeable around windows, especially during high winds. It may be necessary for the Owner to have storm windows installed to provide a satisfactory solution in high wind areas. All caulking materials expand and contract due to temperature variation and dissimilar materials. Maintenance of weather stripping is Owner's responsibility. Windows should open, close and lock with reasonable pressure. Some minor movement should be expected. Seasonal changes may cause doors to expand and contract, and is usually a temporary condition. Seasonal changes may cause doors to expand and contract, and is usually a temporary condition. 4.4 Excessive opening at Builder will correct gaps in excess Gaps under doors are intended for bottom. of 1-1/2 in. between bottom of air flow. passage door and finished floor or 2 in. between bottom of closet door and finished floor. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionIl to determine if the following Warranty Standards apply. INTERIOR (continued) 4.5 Rubs on carpet. WALLS, CEILINGS, SURFACES, FINISHES & TRIM 4.6 Cracks and separations in drywall, lath or plaster; nail pops. 4.7 Peeling of wallpaper. 4.8 Separated seams in wallpaper. Builder will correct. Builder will correct cracks in excess of 1/8 in. in width. Builder will correct nail pops which have broken finished surfaces. Builder will correct if not due to Owner neglect or abuses. Builder in not responsible if Owner installs carpet. Minor seam separations and cracks, along with other slight imperfections, are common and should be expected. Minor depressions and slight mounds at nail heads are not Defects. Builder is not responsible for wallpaper installed by Owner. Owner is responsible for maintaining adequate ventilation in areas of high humidity, such as kitchens and bathrooms. Builder will correct if wall surface Minor imperfections can be expected. is readily visible. 4.9 Lumps, ridges and nail No action required. Owner should insure that surface to pops in wallboard which be covered is suitable for installation appear after Owner has of wall coverings. wall covering installed by himself or others. 4.10 Surface deficiencies in Builder will correct readily apparent Owner is responsible for establishing finished woodwork. splits, cracks, hammer marks and a pre-closing walk-through inspection exposed nail heads, only if list. documented prior to occupancy. 4.11 Gaps between trim and Builder will correct gaps in excess Some separation due to lumber adjacent surfaces, and of 1/8 in. at trim joints and 1/4 in. shrinkage is normal and should be gaps at trim joints. between trim and adjacent expected. surfaces. 4.12 Cracks in ceramic grout Builder will correct cracks in joints. excess of 1/8 in. one time only 4.13 Ceramic tile cracks or Builder will correct only if becomes loose. documented prior to occupancy. 4.14 Cracking or deterioration No action required of caulking. Cracking of grout joints is common and is considered routine Owner maintenance unless excessive. Owner is responsible for establishing a pre-closing walk-through inspection list. All interior caulking shrinks and deteriorates. Owner maintenance is required. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. INTERIOR (continued) FLOOR COVERING 4.15 Wall or trim surfaces Builder will correct affected area. Some minor imperfections such as visible through paint. If greater than 75% of wall, trim overspray, brushmarks, etc., are piece, or ceiling is affected, entire common and should be expected. surface will be corrected. 4.16 Resilient flooring comes Builder will correct. Owner maintenance is required. loose at edge. 4.17 Fades, stains or discolors. Builder will correct stains or spots Fading is not a deficiency. Owner is only if documented prior to responsible for establishing a occupancy. pre-closing walk-through inspection list. 4.18 Premature wearing of carpet. No action required Excessive wear in high-traffic areas such as entryways and hallways is normal. Wearability is directly related to quality of carpet. 4.19 Visible gaps at carpet seams. 4.20 Carpet becomes loose or buckles. Builder will correct gaps. Builder will correct. Seams will be apparent. Owner maintenance is required. Some stretching is normal. Owner should exercise care in moving furniture. 4.21 Gaps at seams of resilient Builder will correct gaps of similar Minor gaps should be expected. flooring. materials in excess of 1/8 in., and 3/16 in. where dissimilar materials abut. 4.22 Fastener pops through Builder will correct where Sharp objects such as high heels, resilient flooring. fastener has broken through table and chair legs, can cause similar floor covering. problems, and are not covered by this Limited Warranty. 4.23 Depressions or ridges in Builder will correct depressions resilient flooring at seams or ridges which exceed 1/8 in. in of sub-flooring. height or depth. 4.24 Cuts and gouges in any Builder will correct only if floor covering. documented prior to occupancy This is determined by placing a 6 in. straight edge over ridge or depression with 3 in. on either side, and measuring height or depth at sub-flooring seam. Owner is responsible for establishing a pre-closing walk-through inspection list. SUB-FLOORING 4.25 Loose sub-flooring. Builder will correct if due to a Lumber shrinkage as well as defective joist or improper temperature and humidity changes fastening. may cause loose sub-flooring. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. 5. MECHANICAL ELECTRICAL 5.1 Circuit breakers trip excessively. Builder will correct if tripping occurs under normal usage. Ground Fault Circuit Interrupters (GFCI) are intended to trip as a safety factor. 5.2 Outlets, switches or fixtures malfunction. HEATING & 5.3 Condensation lines clog COOLING under normal use. 5.4 Noisy duct work. 5.5 Insufficient heating 5.6 Insufficient cooling. Builder will correct if caused by defective workmanship or materials. No action required. Builder will correct oil canning noise if caused by improper installation. Builder will correct if heating system cannot maintain a 700 Fahrenheit temperature, under normal operating and weather conditions. Temperature shall be measured at a point 5 ft. above center of floor in affected area. On extremely cold days, a 6° difference between actual inside temperature and thermostat setting is acceptable. All rooms may vary in temperature by as much as 4 degrees. Builder will correct if cooling system cannot maintain a 780 Fahrenheit temperature, under normal operating and weather conditions. Temperature shall be measured at a point 5 ft. above center of the floor in the effected room. On excessively hot days, where outside temperature exceeds 95° Fahrenheit, a difference of 17° from outside temperature will be difficult to maintain. All rooms may vary in temperature by as much as 4 degrees. Owner should exercise routine care and maintenance. Replacement of light bulbs is Owner's responsibility. Condensation lines will clog under normal conditions. Continued operation of drain line requires Owner maintenance. When metal heats and cools, ticking and cracking may occur and are not covered by this Limited Warranty. Orientation of the Home, location of rooms and location of vents will also provide a temperature differential. There may be periods when outdoor temperature falls below design temperature thereby lowering temperature in the home. Certain aspects of the Home including, but not limited to, expansive stairways, open foyers, sunrooms or cathedral ceilings may cause abnormal variation from these Standards and are not covered by this Limited Warranty. Orientation of the Home, location of rooms and location of vents will also provide a temperature differential. There may be periods when outdoor temperature rises above design temperature thereby raising temperature in the Home. Certain aspects of the Home including but not limited to, expansive stairways, open foyers, sunrooms or cathedral ceilings may cause abnormal variation from these Standards and are not covered by this Limited Warranty. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in Section1l of this Limited Warranty. Read SectionIl to determine if the following Warranty Standards apply. MECHANICAL (continued) PLUMBING 5.8 Pipe freezes and bursts Builder will correct if due to faulty Proper winterization of pipes is workmanship or materials. considered routine maintenance and Owner should maintain suitable temperatures inside the Home. 5.9 Noisy water pipe. 5.10 Plumbing fixtures, appliances and trim fittings leak or malfunction. 6. SPECIALITIES BATHROOM & 61 Cabinet separates from KITCHEN wall or ceiling. Builder will correct hammering Some noise can be expected due to noise if caused by improper flow of water and pipe expansion. installation. This is not a defect. Builder will correct if due to faulty Owner maintenance is required. workmanship and materials. Scratches, tarnishing or marring must be noted on a pre-closing walk-through inspection list. Builder will correct separation in Some separation is normal. Caulking excess of 1/4 in. is an acceptable method of repair. 6.2 Crack in door panel. Builder will correct only if Owner is responsible for establishing documented prior to occupancy. a pre-closing walk-through inspection list. 6.3 Warping of cabinet door Builder will correct if warp exceeds Seasonal changes may cause warping or drawer front. 3/8 in. as measured from cabinet and may be a temporary condition. frame. 6.4 Doors or drawers do not Builder will correct. Owner maintenance is required. operate. 6.5 Chips, cracks, scratches Builder will correct only if Owner is responsible for establishing on countertop, cabinet documented prior to occupancy. a pre-closing walk-through inspection fixture, fitting or appliance. list. 6.6 Delamination of Builder will correct only if Owner is responsible for establishing countertop. documented prior to occupancy. a pre-closing walk-through inspection list. 6.7 Cracks or chip in fixture. Builder will correct only if Owner is responsible for establishing documented prior to occupancy. a pre-closing walk-through inspection list. 6.8 Defective fixture, fitting Builder will correct. Owner maintenance is required. or appliance. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionlI of this Limited Warranty. Read SectionIl to determine if the following Warranty Standards apply. SPECIALITIES (continued) CHIMNEY & 6.9 Exterior and interior Builder will correct cracks in Some cracks are common in masonry FIREPLACE masonry veneer cracks. excess of 1/4 in. in width. and mortarjoints. Cracks 1/4 in. in width or less are considered Owner maintenance. 6.10 Firebox color is changed; No action is required. Owner maintenance is required. accumulation of residue in chimney or flue. INSULATION 6.11 Chimney separates from Builder will correct separation in Newly built chimneys will often incur the Home. excess of 1/2 in. within 10 ft, slight amounts of separation. 6.12 Smoke in living area. Builder will correct if caused by Temporary negative draft situations improper construction or can be caused by high winds; inadequate clearance. obstructions such as tree branches too close to the chimney: the geographic location of the fireplace; or its relationship to adjoining walls and roof. In some cases, it may be necessary to open a window to create an effective draft. Since negative draft conditions could be temporary, it is necessary that Owner substantiate problem to Builder by constructing a fire so the condition can be observed. 6.13 Water infiltration into No action required. A certain amount of rainwater can firebox from flue. be expected under certain conditions. 6.14 Firebrick or mortar joint No action required. Intense heat may cause cracking. cracks. 6.15 Air infiltration around No action required. Air flow around electrical boxes is electrical receptacles. normal and is not a deficiency. FAMSOFFICE\WIN WORDMARRANTY\ ADENDUM2.DOC Section IV. Requesting Warranty Performance A. Notice to Purchaser(s) If a Defect occurs, you must notify the Builder in writing. Your request for warranty performance should clearly describe the Defect(s) in reasonable detail. 2. Request for warranty performance to the Builder will not extend applicable coverage periods. Please note that a written request for warranty performance must be postmarked no later than eighteen months after the Registration Warranty period B. Purchaser's Obligations 1. Your notice to the Builder must contain the following information: a. Effective Date of Warranty; b. Your name, address and phone number (including home and work numbers); c. Reasonable specific description of the warranty item(s) to be reviewed; d. Photograph(s) may be required. You have an obligation to cooperate with the Builder's mediation, inspection, and investigation of your warranty request. From time to time, the Builder may request information from you regarding an alleged defect. Failure by you or your appointed representative to respond with the requested information within thirty (30) days of the of the date of the Builder's request can result in the closing of your warranty file. C. Mediation and Inspection Within thirty (30) days following the Builder's receipt of proper notice of request for warranty performance, the Builder will review and mediate your request by communicating with you, and any other individuals or entities who the Builder believes possess relevant information. If, after thirty (30) days, the Builder has not been able to successfully mediate your request, or at any earlier time when the Builder believes that the Builder and you are at an impasse, then the Builder will notify you that your request has become an Unresolved Warranty Issue. When a request for warranty performance is filed and the deficiency cannot be observed under normal conditions, it is your responsibility to substantiate that the need for warranty performance exists including any cost involved. If properly substantiated, you will be reimbursed by the Warrantor. D. Arbitration You begin the arbitration process by giving the Builder written notice of your request for arbitration of an Unresolved Warranty Issue. Within twenty (20) days after the Builder's receipt of your notice of request for arbitration, any Unresolved Warranty issue that you gave with the Warrantor shall be submitted to the American Arbitration Association or to another independent arbitration service upon which you and the Builder agree. This binding arbitration is governed by the procedures of the American Arbitration Association. If you submit a request for arbitration, you must pay the arbitration fees before the matter is submitted to the arbitration service. After arbitration, the Arbitrator shall have the power to award the cost of this fee to any party or to split it among the parties to the arbitration. The arbitration shall be conducted in accordance with this Limited Warranty and the arbitration rules and regulations to the extent that they are not in conflict with the American Arbitration Association. Within one (1) year after an arbitration award, either party may apply to the U.S. District Court where the Home is situated to confirm the award. The Builder's receipt of a written request for arbitration in appropriate form shall stop the running of any statute of limitations applicable to the matter to be arbitrated until the Arbitrator renders a decision. The decision of the Arbitrator shall be final and binding upon all parties. Since this Limited Warranty provides for mandatory binding arbitration of Unresolved Warranty Issues, if any party commences litigation in violation of this Limited Warranty, such party shall reimburse the other parties to the litigation for their costs and expenses, including attorney fees, incurred in seeking dismissal of such litigation. The Builder shall have sixty (60) days from the date of the Arbitrator's award to comply with the Arbitrator's decision. Warranty compliance will begin as soon as possible and will be completed within the sixty-day compliance period with the exception of any repair that would reasonably take more than sixty (60) days to complete, including, but not limited to, repair delayed or prolonged by inclement weather. The Builder will complete such repair or replacement as soon as possible without incurring overtime or weekend expenses. You may request a compliance arbitration within twenty (20) days after the sixty-day compliance period has expired by giving the Builder written notice of your request. You must pay the fees for the compliance arbitration prior to the matter being submitted to the arbitration service. 2. You must provide the Builder with reasonable access during normal business hours in order to perform its obligations. Failure by you to provide such access to the Builder may relieve the Builder of its obligations under this Limited Warranty. E. Conditions of Warranty Performance When your request for warranty performance is determined to be a warranted issue, the Warrantor reserves the right to repair or replace the warranted item. 2. Upon completion of repair or replacement of a warranted Defect, the repaired or replaced warranted item will continue to be warranted by this Limited warranty for the remainder of the applicable period of coverage. ? ? ? :? -mss -?; j ,?J _. ;., _ ' .? j?? ?,':r 'f {?? -k ?? r?3 ?? c? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD M. BRADY and JEANETTE M. BRADY, Plaintiffs NO. 07-712 CIVIL TERM V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC. Defendants PRAECIPE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Robert W. Hallinger, Esquire, and Appel & Yost LLP, on behalf of Defendant, COC ASSOCIATES, in the above-captioned action. Please serve all papers to Robert W. Hallinger, Appel & Yost LLP, 33 North Duke Street, Lancaster PA 17602. APPEL & YOST LLP BY Robert W. Hallinger Attorney I.D. No. 37066 Attorneys for Defendant 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 Date: C ° N LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE M. BRADY, his wife, Plaintiffs V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED DOCKET NO: 07-CV-712 NOTICE TO THE PLAINTIFFS AND CO-DEFENDANT: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW OFFICES OF THLEEN A. WALSH /11"V I C. Kelly Lydon, squire Attorney for Defendant, Your Towne Builders, Inc. LAW OFFICES OF KATHLEEN A. WALSH Colin Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE M. BRADY, his wife, Plaintiffs V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED DOCKET NO: 07-CV-712 DEFENDANT, YOUR TOWNE BUILDINERS, INC.' S ANSWER TO PLAINTIFFS' COMPLAINT The Defendant, Your Towne Builders, Inc., by and through its counsel, C. Kelly Lydon, Esquire, of the Law Offices of Kathleen A. Walsh, responds to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 2. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 3. Admitted. 4. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this 2 paragraph and they are, therefore, denied. 5. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 6. Denied. Answering Defendant denies that the condominium referenced in this paragraph was constructed by Your Towne Builders, Inc. Answering Defendant, Your Towne Builders, Inc., contracted with George Boyer & Sons of Harrisburg, PA to perform all work with the installation of all plumbing associated with the residence. 7. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 8. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 9. Admitted. 10. (a-h) Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 11. Denied in part and admitted in part. It is denied that Answering Defendant repaired the first four leaks that were discovered prior to January 18, 2004. It is admitted that Answering Defendant repaired four leaks that were discovered prior to January 18, 2004. 12. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 13. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 14. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. WHEREFORE, Answering Defendant requests this Honorable Court to grant in their favor and against Plaintiffs, with costs. COUNTI RICHARD M. BRADY AND JEANETTE M. BRADY v. COC ASSOCIATES 15-18. Denied. The averments contained in these paragraphs of Count I refer to Co- Defendant, COC Associates. As such, the Answering Defendant is informed and believes that it need not respond to these averments. COUNT II RICHARD M. BRADY AND JEANETTE M. BRADY v. YOUR TOWNE BUILDERS, INC. 19. The averments contained in paragraphs 1-18 above are incorporated herein as if fully set forth at length. 20. Denied. The averments contained in paragraph 20 are denied as stated and denied as conclusions of law to which no response is necessary. 4 WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against the Plaintiffs, plus costs. NEW MATTER By way of further answer, Answering Defendant avers the following New Matter: 1. If Plaintiff suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties unknown to Answering Defendant and over whom the Answering Defendant has no control. WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in it s favor and against the Plaintiffs, plus costs. NEW MATTER PURSUANT TO 2252(d) AGAINST COC ASSOCIATES 2. The averments contained in Plaintiffs' Complaint as they relate to Defendant, Your Towne Builders, Inc., are incorporated herein by reference without admission or adoption. 2. Based upon the foregoing, Defendant, COC Associates, is solely liable to Plaintiffs, or is solely liable or severally liable with Answering Defendant to the Plaintiffs, or is liable over to the Answering Defendant for damages claimed by the Plaintiffs in their Complaint. WHEREFORE, Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against all parties to this action. Respectfully submitted: LAW OFFICES OF KATHLEEN A. WALSH CJ-kj C. Kelly Lydon, quire Attorney for Answering Defendant, Your Towne Builders, Inc. VERIFICATION I, C. Kelly Lydon, Esquire, hereby verify that I represent the Defendant, Your Towne Builders, Inc., in the above referenced matter and that the statements set forth in the foregoing Answer and New Matter to Plaintiffs' complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, squire Date: 3 6 CERTIFICATE OF SERVICE 1, C. Kelly Lydon, esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter to Plaintiffs' Complaint upon the following person(s) listed below by U.S. First Class Mail on the _ day of 24?i? 12007. Taylor P. Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 LAW OFFICES OF KATHLEEN A. WALSH elly Ly on, Esquire Attorney for Answering Defendant, Your Towne Builders, Inc. 7 '? w r? CJ t rn -z ; RICHARD M. BRADY and JEANETTE M. BRADY, Plaintiffs V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC. Defendants PLAINTIFFS REPLY TO NEW MATTER IN ANSWER OF DEFENDANT, YOUR TOWNE BUILDERS, INC. Plaintiffs by their counsel, Taylor P. Andrews, Esquire of Andrews & Johnson Law Office respectfully respond to the New Matter in the Answer of Defendant, Your Towne Builders, Inc. as follows: 1. Denied. After reasonable investigation, the Answering Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW : NO: 07-712 CIVIL TERM : JURY TRIAL DEMANDED Respectfully submitted, ANDREWS & JOHNSON Date: ?(- 16 -d 7 By: T or . Andrews, Esq. tt ey for Plaintiff . Pomfret Street ;Zm Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 15641 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: DATE: 41 RICHARD M. BRADY and : IN THE COURT OF COMMON PLEAS OF JEANETTE M. BRADY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE NO: 07-712 CIVIL TERM BUILDERS, INC. Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that on this date q - a 2007 I mailed a copy of certified true copy of Plaintiffs Reply to New Matter In Answer of Defendant Your Towne Builders, Inc. to the following persons at the following addresses by U.S. Mail, delivered to: C. Kelly Lydon, Esquire 327 North Washington Avenue Suite 606 Scranton, PA 18503 Robert Hallinger, Esquire Apple & Yost, LLP 33 North Duke Street Lancaster, PA 17602-3508 Date: ?.-((•o , ndrews, Esquire for Plaintiffs C i r?? r-, O -_., ;?7 ;? t:`? -'T'a ? ??? - _ _ f . a -? ? LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE M. BRADY, his wife, Plaintiffs V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW JURY TRIAL DEMANDED DOCKET NO: 07-CV-712 Defendants PRAECIPE TO JOIN ADDITIONAL DEFENDANT TO THE PROTHONOTARY: Kindly issue a writ to join George D. Boyer & Sons, Inc. Mechanical Contractors as an Additional Defendant in the above captioned matter. LAW OFFICES OF KATHLEEN A. WALSH rc,. ? i "d- C. Kelly Lydon, s re Attorney for Defendant, Your Towne Builders, Inc. f ti CERTIFICATE OF SERVICE I, C. Kelly Lydon, esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe and Writ to Join Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors, upon the following person(s) listed below by U.S. First Class Mail on the day of A"- , 2007. Taylor P. Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, squire Attorney for Defendant, Your Towne Builders, Inc. r-' 1 WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS You are notified that YOUR TOWNE BIULDERS, INC., has joined you as an additional defendant in this action, which you are required to defend. Date: MARCH 27, 2007 /'!ff4 1?1 I& §ft==-4 Curti . Lo thou ary By: Deputy (Seal) No. 07-712 Civil Term RICHARD M. BRADY AND JEANETTE M. BRADY, HIS WIFE vs COC ASSOCIATES AND YOUR TOWNE BUILDERS, INC. Defendant GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS 639 ANTOINE STREET HARRISBURG, PA 17110 Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT C. KELLY LYDON, ESQUIRE PROFESSIONAL ARTS BUILDING 327 NORTH WASHINGTON AVENUE, SUITE 606 SCRANTON, PA 18503 LAW OFFICES OF KATHLEEN A. WALSH I.D. # 56368 Attorney for Defendant 1 ? V LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE I I COURT OF COMMON PLEAS M. BRADY, his wife, Plaintiffs CUMBERLAND COUNTY V. I I CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants I I JURY TRIAL DEMANDED V. GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS, DOCKET NO: 07-CV-712 Additional Defendant NOTICE TO THE ADDITIONAL DEFENDANT: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED JOINDER COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW OFFICES OF d LEEN A. WALSH C. Kelly Lydon, Es ire Attorney for Defendant, Your Towne Builders, Inc d T LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE COURT OF COMMON PLEAS M. BRADY, his wife, CUMBERLAND COUNTY Plaintiffs Defendants V. CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., V. GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS, JURY TRIAL DEMANDED DOCKET NO: 07-CV-712 Additional Defendant ORIGINAL DEFENDANT, YOUR TOWNE BUILDERS, INC. JOINDER COMPLAINT The Original Defendant, Your Towne Builders, Inc., by and through its counsel, Colin Kelly Lydon, Esquire, complains of the Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors, as follows: 1. The Defendant, Your Towne Builders, Inc., conducts business within the Commonwealth of Pennsylvania and has an office located at 2137 Embassy Drive, Suite 210, Lancaster, PA 17603. 2. The Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors, conducts business within the Commonwealth of Pennsylvania and has an office located at 639 Antoine Street, Harrisburg, PA 17110. 2 1 3. On or about February 27, 2007, the Plaintiff, Richard M. Brady and Jeanette M. Brady, husband and wife, were individuals with a mailing address of 28 Courtyard Drive, Carlisle, PA and filed a Complaint against, inter alia, the Original Defendant, Your Towne Builders, Inc., in the Court of Common Pleas of Cumberland County. (See Plaintiffs' Complaint attached hereto as Exhibit "A".) 4. The Original Defendant, Your Towne Builders, Inc., filed its Answer to the Plaintiffs' Complaint on or about March 26, 2007. (See Defendant's Answer attached hereto as Exhibit `B".) 5. On May 22, 2002, the Plaintiffs, Richard M. Brady and Jeanette M. Brady, purchased a condominium unit #222 at 28 Courtyard Drive, Carlisle, PA. 6. The Plaintiffs allege that their condominium unit sustained damage as a result of leaks from the plumbing joints installed in the unit. 7. The Original Defendant, Your Towne Builders, Inc., subcontracted with Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors to perform the installation of all plumbing work associated with the condominium unit. 8. The above alleged damages suffered by the Plaintiffs to their condominium unit set forth in their Complaint were caused solely and exclusively by the negligence and/or carelessness of the Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors and were in no way caused by the Original Defendant, Your Towne Builders, Inc. COUNTI ORIGINAL DEFENDANT, YOUR TOWNE BUILDERS, INC. vs. ADDITIONAL DEFENDANT, GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS 9. The Original Defendant incorporates herein by reference paragraphs 1 - 8 as if the same were fully set forth herein at length. 10. The negligence and/or carelessness of the Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors, includes the following: (a) failing to have its agents, servants and/or employees perform plumbing work in the condominium unit in a good and workmanlike manner; (b) failing to have his agents, servants and/or employees properly inspect the plumbing work installed in the condominium unit; and (c) failing to discover any defects and/or leaks in the installation of the plumbing work installed in the condominium unit. 11. In the event it is judicially determined that the Original Defendant, Your Towne Builders, Inc., is liable, then the Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors, is jointly and severally liable with the Original Defendant, and/or liable over to the Original Defendant for contribution and indemnity. WHEREFORE, the Original Defendant, Your Towne Builders, Inc., demands judgment in its favor and against Additional Defendant, George D. Boyer & Sons, Inc. Mechanical Contractors. Respectfully submitted: LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esqu e Attorney for Defendant, Your Towne Builders, Inc. 4 1 a VERIFICATION I, C. Kelly Lydon, Esquire, hereby verify that I represent the Defendant, Your Towne Builders, Inc., in the above referenced matter and that the statements set forth in the foregoing Joinder Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydo squire Date: 0 1' 07 5 RICHARD M. BRADY and : IN THE COURT OF COMMON PLEAS OF JEANETTE M. BRADY, : CUMBERLAND COUNTY, PENNSYVLANIA Plaintiffs V. : CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE NO: 07-712 CIVIL TERM BUILDERS, INC. . Defendants : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 TfR* F FMWft: ,,I Te,%M=yMdteroO?, hIt'1 Wei Mks I the SMI of 8Wd Cwt at ONW, » Exh. "A" aid c2 k?k r; 11 RICHARD M. BRADY and : IN THE COURT OF COMMON PLEAS OF JEANETTE M. BRADY, : CUMBERLAND COUNTY, PENNSYVLANIA Plaintiffs V. : CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE : NO: 07-712 CIVIL TERM BUILDERS, INC. Defendants : JURY TRIAL DEMANDED COMPLAINT Plaintiffs by their attorney, Taylor P. Andrews, Esquire of Andrews & Johnson Law Office .4 respectfully represents as follows: 1. Plaintiffs, Richard M. Brady and Jeanette M. Brady, are adult individuals who resides at 28 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant COC Associates is a Pennsylvania limited partnership, maintaining a principal place of business at 33 North Market Street, Lancaster, Pennsylvania 17608. 3. Your Towne Builders, Inc. is a Pennsylvania corporation maintaining business at 2137 Embassy Drive, Suite 210, Lancaster, Pennsylvania 17603. 4. On or about May 22, 2002, Plaintiffs contracted with COC Associates for Plaintiffs to purchase condominium unit number 222 at 28 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania 17013 for a consideration of $135,334.00 (A copy of the Agreement for the Sale of Real Estate and the Addendum to the Agreement of Sale are attached hereto as Exhibits 1 and 2). 5. The above referenced condominium unit number 222 was a newly constricted building that had not previously been occupied. 6. The condominium referenced above was constructed by Your Towne Builders, Inc. for COC Associates. 7. For purposes of this transaction, COC Associates has the legal status of a builder/vendor. 8. Settlement on the above referenced Agreement of Sale occurred on July 18, 2002 and the Deed from COC Associates to the Plaintiffs is attached here to as Exhibit 3. 9. At the above referenced settlement Your Towne Builders, Inc. extended an express Limited Warranty to the Plaintiffs for condominium unit 222 (a copy of the warranty is attached hereto as Exhibit 4). 10. After settlement Plaintiffs discovered widespread plumbing defects within the condominium unit. These defects are represented by discovered leaks as follows: a. Winter 2002: A leak was discovered in downstairs hall closet. This defect was repaired by warrantor and a cracked joint in the plastic piping was kept by the repairman. b. Winter early 2003: T -joint above the door jam in the master bedroom closet leaked. This was again repaired by the warrantor and the repairman kept a cracked joint which was the cause of the leak. C. May 2003: Staining on the powder room baseboard signaled a leak. When the wall was opened there was a great deal of mold forcing Plaintiff, Jeanette M. Brady, to vacate the premises. This leak was repaired by the warrantor. Again the cause of the leak was a cracked joint that was retained by the repairman. d. Late 2003: A T -joint in the kitchen ceiling leaked and was again repaired by the warrantor with the repairman retaining a cracked joint that was the cause of the leak. e. June 2004: Dripping water from the master bath ceiling heating-vent signaled another leak. This was again found to be caused by a cracked joint. } f. Spring 2005: A leak in the wall between the garage and living room saturated the living room carpeting and padding which became mildewed. This leak was again caused by a cracked joint. g. September 2005: Another leak in the master bath ceiling above the vanity sink was discovered. This again resulted in mold. This leak was a result of a defective T -joint. h. September 2006: Black mold appeared in the ceiling of the master bath and moisture and mold were also found in the back of the hall closet as well as the woodwork of the powder room. This led to the discovery of four leaks; (1) ceiling of the master bathroom, (2) at another location in the ceiling of the master bathroom, (3) on the back wall of the hall closet and (4) in an-adjoining wall of the powder room and master bathroom. 11. Your Towne Builders, Inc. repaired the first four leaks that were discovered prior to January 18, 2004. 12. A new builder on the scene of the condominium repaired the fifth leak, June 2004, without charge to the Plaintiffs. Your Towne Builders, Inc. denied responsibility for repairs of all leaks after January 2004. 13. In October 2006, after incurring extensive repair bills and replacement of tile. and carpeting and without any assurance that the leaks would not continue to occur, Plaintiff contracted for new plumbing within the condominium unit. 14. As a direct cost of repairing the defective plumbing and the flooring and wallboard destroyed by mold resulting from the leaks, the Plaintiffs have incurred the following expenses: 7/20/05 - Barrick's Plumbing 9/28/05 - Barrick's Plumbing 10/16/06 - Besco Electric & Plumbing 11/20/06 - Barner Builders 12/15/06 - Mackey's Flooring 1/4/07 - Mackey's Flooring 1/4/07 - Besco Electric & Plumbing l/ 12/07 - Eric Hench carpet $ 94.00 (leak #6) $ 160.60 (leak #7) $3,800.00 (new system) $1,450.00 (wallboard) $ 215.78 (vinyl P.R.) $ 379.90 (vinyl Mba) $ 75.00 (remove/reinstall toilet) $2,803.90 (carpeting) $8,979.18 Count One Richard M. Brady and Jeanette M. Brady vs. COC Associates 15. Paragraphs 1 through, 14 -are incorporated herein by reference. 16. As a builder/vendor COC Associates is deemed to have extended to Plaintiffs an implied warranty of workmanship and habitability with regard to the newly constructed premises. 17. COC Associates' attempt to disclaim or waive the above referenced implied warranties was ineffective because the waiver/disclaimer provisions were not sufficiently understandable nor sufficiently particular to give Plaintiffs adequate notice of the implied warranty protections that Plaintiffs were waiving, and the purported disclaimer did not refer to its effect on specifically designated potential latent defects. 18. COC Associates violated its implied warranties referenced above, and the violations of the warranties were a proximate cause to the above referenced damages suffered by Plaintiffs. WHEREFORE, Plaintiffs demand judgment against the Defendant, COC Associates in the amount of $8,979.18. Count Two Richard M. Brady and Jeanette M. Brady vs. Your Towne Builders. Inc. 19. Paragraphs through 1 through 14 are hereby incorporated by reference. 20. Your Towne Builders, Inc. was liable under its express warranty to correct the defective plumbing problems that existed in the premises. Though all the defective plumbing was not discovered due to leaks occurring after the warranty period, the defective plumbing existed during the warranty period and Your Towne Builders, Inc., as warrantor, is liable for damages caused by its failure honor its warranty WHEREFORE, Plaintiffs demand judgment against the Defendant, Your Towne Builders, Inc. the amount of $8,979.18. ANDREWS & JOHNSON Date: Z -2?, 61-;1 By: T P. Andrews, Esq. tt ey for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court ID No. 1.5641 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. § 4904, relating to unsworn falsification to authorities. DATE: oZ DU -1 DATE: .V 4 `7 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 10 STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-2X M asn to ww w aw swo..e lee, bat ac tswwwd w we by, the a+wtbn oltbe P"WAVoats A"oetedoo otltlALmp 0%4 PALCENSEDBRO W D SBARER FA7( moms 9 Iowan >g . DairastW tot Seller, If a bNt OR urdaer b NOT tin Asaat tit Sel a and bt alatt 13AGMT POR BUTER ? TLUGALMON 1JCXM at 2 3 1 i c t s 10 11 12 13 ,e 15 li n is 1s zr 21 22 22 21 ze is 27 n n 3s BUYER'S BUM M RRLATIONSW WrM PA LICENSED BROM BROKER (ComRany) PHONE ADDRB85 FAX BROKER IS THE AGENT FOR BUYER. Des4pated Apmt(s) for Buyer, If appDcaMe: OR Broke b NOT ire ASatt lee Buyer and is a/aa: O AGENT FOR SffiLUM (3 SUBAGENT FOR SELLER O TBANSAMON LLC@N= Wbesa die acme Broker bAgm for 800 wdApeat far Bayer, Broker R aDad Agent.AR s(Brol & Ucensea we aloe Dad Asserts UNLESS d mn an "spea"k Dedputed Ap w for Bayer Wad Shcw B'tha was Lka m b daiputed for SeW and Buyer, lbe 1kassee k a D W ASmt. SELL.ER(S)t , Is between /1 s. , . ,...? ?- .-. , called "Mor," aad BUYER(: called "Bailee" 2. mom" (1-") sera haft was to *A and "aver to Bum who batky apace to P ALL Tl%QCEITAIIV J* pr piece etpow4l rifh b ildbry r4Agsnavarmts theme0 "PlOW, If an, known u: - - - - - ' - tame ? of rr • , Corms) la the utmanww& of Patayl asla, 4"74.4:3 UewM= ion e,fi., Tb:t 1D Nt Pallid ih, Lot, Blocicl Dad Bodo Pap;, Rmardlag Date) 3. TER11S (1-02) (A) P"elt"s I U.B. MUM wb" WM be PM so &ft by BMW a ibrowte 1. Cash or cbc* at 6844 dtic AVOLMM?1? y,? n $ 3. 3. s 4. Cash; easbter's a exttifie cheese a dme of sademoeot S TOTAL $ (B) Deposits paid on account of Ptuebut price to be bell by Beol:sr for P Mw. ethUM odteswisa seated hater (C) SOW* apptov4 to ba a (A) Sextlaaatt b be on (E) Conmenee frost Seller will be bit simple dud of special werratdy vulva othawiw steed bete: z 3 i t 16 11 ,s 71 15 16 v u 1e 20 21 22 23 21 25 20 at brier" if Buyer and ScHw "gee, n 23 is (P) Payment of trsodir tied will be divided equally betwaea Buyer and SeDa rm(eas od?awwise atawd here 31 32 (ry, At time or mlea3ou4 dw followlas will be ad*W ptoata art a daily bans bemreea Buyer and Seller. nbahtning where applicable: wxae 33 (see lufaaudon Resaldlas T- PMMdaax rmw Isdaest at MW410 atsmapdons coubadaiom ten ad bomae"Mer saccishon foe, if U my: Water sadly sewn fees. N my, WgwhtC %J& say other llepabk nadalpd imvice. no dwom at to be prorated for the period(s) as coveted: SeDw wiD pay up to snd bola IIttj the due of settlement; Buyer will pay for all days following ovulamant, aaltes otherwise listed 31 has 37 31 4. FIXTURES do PERSONAL. nWPEM (1'00) 31 (A) INC,L.UOED In this salts std psta m pike are all existing hems penmfotatyr installed in the Property, fm of llens. including phtmbiagc a hating soft facwm (including dwowsum era eeubtg fan); wear gun" cyatams: pool and qw es) *Mmt: pvega doer openers AI and tesmmduats: television samovar A bbQty, Plae*s?'atd uo119a0d kris; saq tom WM 109M and molting foal[ stored of the Pnopetty at the dm of "Moment: war to we taaptbr. window aerie hudwu% shades utd hills. bust-Inge p? builWa u appNajtq; and the ram>Zo/oveu unless otherwise elated Abte leeltded l) l S11 /lea / . 1C l?'r14 _ ((o A! 1 . a+ MEN ss ?) L>3ASBD ib:ms (sot owned by SeDa): 17 (C) ID(tZtIDBD tlamtreu and icmuR ea At s. DATE84M 9.0 OF Therms FZMCE (14)2) 50 (A) The said dace for settleuttent and all other dams and times eefened to for the pedomsaee of airy of do obligations of chit 51 sorted to be of d s rag"a"" of this A,pmwm and an bindla. U (B) For rho purpooo of this AF=nmk number of days will be awned from the data of atecnNOn, by excluding dw day this Agreement was 33 exam tred sad iarda?ng the Isar day of the Htno period 51 (C) The date of w4emeat Is sot extended by any other provision of this Apetmout and may only be extended by muriw) writhe samemeat of f1 (D) Ce60 partics. staain butt periods tae pr*IW tmd b this Agreement as a oonveuimoe to the Buyer and Wks. Any pro-printed time periods ate Is 57 Wad may be dowd a Uft out the proonoed tart std ituaMa j a eli?Y rf dins period aeegWAx to sr purls. 5e 59 B><ya tuttta4e AM4x hp s ats 644 peea not COPYRiG rPENNMVAXUASSOCtAMN : ? REALTORS* 01/02 - - - 3e 31 az s3 U 35 35 3r 39 39 Ice 11 42 BIT a1 ss 61 r1s an n 51 87 Sa V so ?I 9a at a a w 96 N !t a a 71 71 72 79 74 70 70 n 70 79 N at a a 94 as N IT U N N n al 14 !9 N !7 it~ IN IN Ill In to 164 1a 116 107 in in eta 111 112 ++s 114 116 1+6 117 111 Ill In 121 122 u! 124 120 126 127 121 121 too 111 in 133 134 136 136 137 131 179 111 141 142 la 141 146 ..v, vVf iWW& cc. nc I1 I40MI.7 fa DORIS LAW JGRKGAUGHE PAGE 11 W hKIRTGAGE COR71NGENCY (1-" 0?? Thk Mile is Npl' coubo t an matgap BsancW- W Akin ads b etwioptttt upou Buyer doming u tallow:; 1. . Amtltat of mootpp om S 2 3B eo Tom ,, yom 3' Holfluo ° 4. 1aWat cue lgsrver, ADug?ar tiara to sooept d w Intaaft rase a nary to cowaebtad by Br wripp lerdar, our b .OLOeOd a maldmnm dm11aa11a10 of ?:l??'B. 3. DMcemtt pohta, loan oak pi9cemawt aM ricer Ikea durcysd by the lender u a peaatatMiga etf the mutgags lore (acdooilag aqy morrgigs hrndutee pnam>ms o V,A,1h?st !as) not to eltceed ? 9i (0% ii not epedBed) of tier taosttage litre. The ro=ar tare and tea po W= requited by Bayw m sodded N it mortgage leader m&w svaaabu to Btgw 16s right to peaata ,a ionaut coos at a blow the Matbmsua lftw Rue specified besde addu dw pacechp fees at or below this amu= VeMed be eio. Buyer gives gage do dgbr, at Sear': sob opdm add as per tW by do moths lender and wptppHcd* ltwy to occi dbow fAwch*, without ptomiu of 2dwobtuaseat, N the Buyer sadlee the mwngaga IcAder to milks dm above twta van" to Buyer (B) Widda -DAYS (10 dip elf not spwiffsQ of die tea vAw of this Apemook Buyer wM wh a computed, wtdmea mwtpup apokwon for to ww" trams specified am w a =Vond* msetgtlte lmdec The Bnakw for Mwe; Thep, otherwise do Drobr for Sei4 is atdbui d to aonowdew lrlth tb maipp MAder r In uses of usiftl 4 the werippe logy ptvoeaa (C) 1. bkr*p coawdeptmt d10 , Its wdbao capaAmoutis riot rwdvadby Sdbrby the shove dace, Dgyer rod Sd w rase to Mad der moatpp eo tmmt due tm10 Sdhr t4el0 uW *b A.peeaae d in wdtiag by aotlee to BlaM 2 Upon toWpt of a oftU a commhosaoy Bayer wig prompdy doUver a oopy of die emmilmem to Seam 9. Seller by too opde to woulutse this Agtenwal in wri t f, alter duo m%tM coconduncot date if dw v attfapn comodumem a. Is ea vdid ttddl the data of them, OR b. It eked wpm the sale sod Natlm "A at any other properv, OR c Coawn any o deer ewrAdm out a Wfkd In deb Agrcom ect that is not adsfed wAkr removed in wddng by ft tuogs s lender white 7_ DAYS tdtar the mortpge c1o dace Y patrhgrsph 6 (C) (Y). 4. lfthisAgleahhNl u retadaaiod r spoaifediapaa d (C)(1)w(?, adlettttxtgap lomh lasot obtawedfaaeetlataea6 a)1 depasb monies paid co sec ooat of purdox pt1N wO be awned to Blgw. Buyawa) be rupooeihb foray preudow for sombuies' Ha isaueaowe and/or We strut, w fee far taoaliadow of sae, Van; ANWOR any Femi ums to &W dattwonce, thine subddew im sew adkr am itaar- totar tVldl t0tnsldad 00VWaBe, err CawCCaid011 fN, I(aey; ANpPOR tiny apptainl red and ehatgOS grid is 4dvmce 1D the arortgage hhttde[ it die moelpfe Bader rsgWh a tepubs m des Propat>S, Boyer wad, upon rucoipt, delivers copy of die moetgafe btlder'a nqui m atu a seam Sella wig, widdn ,r3_ DAYS of recopt of the teewp indah mgaiaemco* goofy Bww wbsdW Sd w wai mdw dro ngohed regain u Sewer's atpeaw. 7. If Sella ehoow to tloalce the requited rtgnha, Buyer wa1 accept the Propeiw ad agme to the RELEASE act fad in paagrq* 25 of d6 APMUM 2. it SdIcr dtoows out io mdos doe req*W mpabs, at ff Sdim here to regmd widdo do Ow #m Buys wM white _ 5 DAYS, tw* Sepw in wd ttg cf Btrya's "cc to krodow lids Awes meet OR mike the requited rap&W at ftw's wWww and W jdi SWWs psooftloo. wbich wM roe be waawuably widdwld. V Sdk draoiex Buyer perm doo to m*e d¢ required repute, Buyer may, wtdda .._S- DAYS of Seller's dwK terndeate dds ApednesL in w" eve 40 dcpodt moldws pad on aooolmt of ptadwe price wi11 be raatemd promptly w Bays red die Apeae ed wal be VOID. ?) Shca'Aadst ? APPI1t:ABIB t? APPt? Sc wa pay. S , mommws, toward Bayees twat u permitted by the mortgage lender Y1,04 Ue-S 0 P W11A,VAPPUCABO (!? It Is cgmdy agreed dot achrlthataadins any other pmvbiams at dds cownw, Bayer wad pot be tfteed to ems too purcbye of duo Property ebscdW birch or to firer goy patty by bddma of earnest moony dsposb or odmwLlo taalaw Buyer has bees Siva. in weect• dance with RUDMIA or VA repiraarass, a wtiuut mtuum by the: PedeW Horsing t:oruadsslorm vmscw Admbdsuadoo, or a Ddleet Esdararat I ceder aft faith dr appraised vain of do rtopaq of rot lwa the s (too ddw atawant to be Worried is Ore sea price n rated In dds Apaanmt). Bayer w18 bare too privaega red option of proca ft with commmadca of the Coo. tact wid wt mgatd to the amoom of dw apprdwd vaboA . The gwmsed va Ammon u arrived at to daum tic the mL dw m mwpp the Dip Mines of fietning aid Urbm DaWapsom will iarAm MM does not wamst the valve nor dw coodhim of dw Pwpel.ty. Bays Omid saWy bkmdVherwlf that the price aid coudddon d the Yeoperty are tt 4q* bb. wM%ht. Secdoe 1010 of Tidw If; U.S.C., Depatmu t of Hotriq seid Urban Dovelopawa and ?Wad Housing AdmWsaaiom MIuxua km provides, uWhoever for the plapme of... WbwwJgg to my we do cedes of such Do wuum t, mtuha, peso, ttmra or pub. Idws any sma=L h owdn f do amro to be talae ..."be head widw ids We or impeiWned ant mm di a taro yore, or botb." (0) UL Dgwbmm of Hoeft and Urbaa DerdopuM MW) Nt7IICZ TO EUItC1ASi & Btgv'aAcWwwjedpam ? Buyer bu rewired the HUD Nodoo'For Yee T'7wkctiaa Oct' H=w k*06W (IN Notices and btfor AW= on hWaW Coodddon Inepeetioetl Huyar nndeertaads die imporntta of geaottg an ittdepatdatthntne iotpecdoe and hu tbttngbt about ebb before signing des Doyar's lritiab Dam (f0 Caftei n Ws des lmderadprd, SeDeM wAb" a(s) Pam soft ltanswioo ach entity dw the teems of Wx ewum lbr p w dtau. ac trot w the best of our kwwledp! and belief: and"arqodw opeaum centred into by arty of dhae pads in aomeatin with this tmse, tim is aaaehed to fts Ap mratt. 1NSPBCTIONB (1'0!) (A) SdW agrees ro permit kgmcilom by andtadtad apptaiaas, repwable catdfiers, k aner's reproodWver, ""w% mut» tdpd otl9cids and/or Boyer u mri be mgnttad by the amRpp leader. Bray, or homisS spucia. Sear fbrtbr swans m Pwa t goy ache Wpwdoes mqudad by or provided for in do to= dflds Apeamem Buyer bathe dght to raced d1 brpocdom. (B) Buyer reaeeva ills eight: a roabe a paaealemeet waat-dra fh dmpecdem a the PmpwW. Bayer's right to make tutu inVaeft is not waived . by saps odtr drovidos of deb AVmn= . (C) SAw wW hove beadett rod ag atelier (iodeddeg tbel(s)) an for tha Wpm% ws. (D) All tepee:tan, dnduding borne brpeatots, are ambalud by Buyer m provide a copy of airy reports to Broker for Buyer. ntormnT BW8CTION CO rMOENCY (I-q Odor ProvoIan: of this Apeaemt msy provide for dt pocdwm and/or wiffi ethnic that are no waived or adua d by Buywr't deadou bee. D WAIVED. Buyer wWwsMnds that Boyer bra dm opdas m ngant dtupee;dOm of the Property (sea Pmpetq bs mWm Notices and 0 ? m Nodc"). BUYER WAIVES THM OMM and spwt b dw REL ASfi at %M in paagaph 2S of ids Apwgq= . (A) WWI; DAYS (15 days goat specified) of dr eaWAWA of INI A.gommcat, Burya at Buyer's wtpowae, may cbowto to have inspa+ dam wAlor ourdfio doru =Wboed by lionised or *&win Vd1&d prolbsdotts (see Ptopt O Itte w*m Notice tend Envitaot=W NotiMx Tab conllnpmcy toes sot sWy to the following wdWq coadWm sudkr beau. 7. (B) Should Buyerdect ichere a home bu ccft of the Propmly, es dedhW in die Pemuayfvmia Hum Impacdoo Law, (secfdarowl o Ttspxdiat the liwme Impertoa Law) atdt htahla inpecboo rhea the pr4lbrlthcd by a Atl1 tntstnber io {rod atandint of a natloael horns tttioa, er by a person eupevised by a flit member of a nadonil boste iupeetian assoitaioo, Ie amadaaa wide the aa??nntt r Of COMO610 aocaow a e+ a a M N N 67 q N 7a >t 72 73 74 76 76 n 78 71 to n 12 a u as N 67 N of N n 92 13 N >S N 17 to / 1N 101 in la 14 tog 109 107 In 1N 110 111 112 113 114 lit lie 117 Ill 112 120 lit 122 127 IN 126 to 127 in in 136 isl 172 1S0 174 131 100 137 131 139 140 141 141 . 143 144 10 b5/n:ilace 22:ee 71725B'3379 DORIS LAW JGRKGAUGHE PAGE 12 to 141 NI IN 111 in 113 164 1es tat 187 in IN IN IV In In 164 in in te7 tat 1N 170 171 172 172 174 171 11e 177 m 171 tab 111 112 113 164 115 in 161 in in in 111 t12 12s 1M 115 to 117 1Y tip 3N n1 202 nit 204 to >S6 207 !N tab 210 211 z12 2,13 214 216 Ill 217 nor 211 In 221 z:p tti :x4 2ze !2S 227 2210 229 orb 231 tit 233 (C) R Barr fo not satisfied with the coalition at' lea hopMb w Stated in my wdtmm mat, Buys will: 147 ? Opdoa L wwft the d me given tar mmmpiidog h39odk4wt in 1. Accept to hopaly whh d w iu mudou sand Is dWmp") and agrom to the RBIRASB seat forth is pw4ppb 25 of this Agtmmma k OR in 2. Twmbaa20 thte Apmmhwt m wntiag by mtioe m Sd1m; is which ease ad deposit smes dos paid on aemomot of parchm pries WM be.amad 1N prom" w Seger ud this AVmmc t wM be VOA>, 0R 161 3. RaW hike appaeeal)y acceptable written speewNt Whit Sader ptovift for May repairs or improvanrwfa to tike Peopatty aadlor any QCdit 161 to Bcya at sOtriatmM a Maybe accWtible w the mmtpp W%K if st . 113. Shoulderorbtorarhawax4yaexxiwbbs8reaasmtfsil,3gwm=6oosewaeapttheihopatycrI w1aaw NIAasamsom sift 161 On gm gAs66t 8tt e0mpletfrtg Itigamilaal sad sowoft to the provisions in panpo B(C) (Option 1) 1 and 2 Its ? Opeiaw 2 Wf" tie throe Shea hr uomptaefb>g hnpecdooe: 161 t. Accept dw Piopaty with the kh melba Stated In fm sepat(6) surd aetee to the RBLBASB 8a Taft in pmsraph 23 of Ode Agreement. IV UNI S the tote] am to roam the Mud dote s waained in dw tepon(s) is raw than S 1S6 2. it rho total coat to ogtaest the coadltiume aonaiaad in die report(m) E CCEEDS die unow spoef6d im p apapb 8(C) (Option 2) 1. iN Biqa wW tdadivar the npm*) So Sager wa hk the dnts Om far btapagam, 166 a. Seller wA witlta 7 DAYS of mosi ft the repowt(s), h&= Buyer m vddi)g d SdWo dwice ur tit (1) Mahe repairs befaro santlermmt w lhatthe eamSithtB wet w ampWr eooditoms wnWwd i0 the npc*s) is less d m or egiW &o in rho woo arpSCibed let pasappi S (C) (Opts m 2) L tN (2) Credit B"m At saidemmt for the di meaoa beteeen 1'hc osdmmd cost of mpdda the 0046M McMbaed to the repoat(s) 104 and the annex VeMed itparurmb 8 (C) (OpBon 2) 1. TLe coo mart be acceptable to the mairipp lw, w, if any. 115 (3) Not males impair. Mad mat eaedlt Bmpm at I t for any wo to repair ccedideae commahesd in des topat*e IN b. Ir Sailer dmm w jeud o sepsisor aedh buyer at ovalcmm a spcciW is paampliph 8 (C) (Option 2) 2, Buyer wvil eocept to to Prmpen y and ape to do RELEASE m9f@dt m pu&gMh 25 of this Awwmwc in L M Salle ehoosel IN to maim mepadn and tat a *v dot At" at wid"a t, or R Se]kr hSe to des me arty option within the dame in giveq Bayer vA rrtdtin _5 DAYS: 170 (1) Accept the Foperq with dam idbesnadou Sated in the npmt(s) sod &;= w the RELEASE Set fatdf is puagtaph 25 of this 171 Agbeawtemr OR 172 (?a T}:miDM this Ag w=M in wiidmg by modce w Seller Lr wbicb rose an deposit morales paid on scocumt of pauelaasa price win 17a be ro med promptb to Paayar amt this Ag mawat will be VOM 174 9. WOOD DOWSUMN BaPECMN CONTDIMCY (1-0 175 ? WAiVBD. iiaga stndastamds tlr>tBuya bs1 the option btegmuttlta4dae latopelty be intipaed furwood imfettataa by a artfied Prat 4+pnntrmi 176 ppg?e? BUYER W AIVES 25 OPTION and a w ttw on Imhin petagraph 25 of the Apeamraat. ?' LLf p.S o'effc.-r l 177 17e -44 DATE vm (A) Wbbim DA TS drys if eat tpespeeiBed) tae axecutiam eat the Apeemaat, Boyer, sat Btrya's aahpeasa, will tsbtmm m wvdtxa "Pia7od 172 Da moylrag law Idaamm b9octioa Span ftom s cmdtied feat Coate] Operemr wd wW ddivaa it and all ampportin; dos a mock and in dnwhtp peovidedby the Pest Control Opeaator iD Seger. The spear is to be me& amWt sm to and in awmtpHum with "He" laws, ftwt. in pge loodem m w Federal Immmmg and Gumaaatamn Agcoq n jukemaAk%, N may UP igpoogot? wall incl u s sit tesdny visible and in aazuciblo areas of an w =m on the Ihopelly exogx des fonowing UnwhM whleb WB1 act be Inspected: 115 184 (B) N the imspeaion Mmie evldwas of sedve Naoadom(s), Salley Wass, ac Seale eatpemn and before saxdema:n4 w "a for active unlesw to d%*). )A ea0uld>pum with app>iwbb laws. 1N (C) If 6a laepeoyoa w-le damage from active imteoadom(s) at petAma Weamion(s), Bays, at Bayer's mpu mE, has tine Wdom to obmda a writ- in an wpm by a pe ofwload conmaeoor Lome mapoeton mvim cc sductuat a *Ww teat Is lmtted to s rucan>d dmmap w tits: PrOpmaty caused lee by wood-dauoyfmg orpeisms mad a propoal to repair the damage. Rom wM almtiva the whnoamat damage repose and coneaxivm proponl w in Smiles wAin _ 7 DAYS of delivc* to original ioapas *m trpcst. . 110 J_ DAYS of mots j the smvetmai &wp report and oariecdve proposal, Sclar writ advise Biqa whadem Sdcr wM xepm at (D) Within 121 _ Sdtla's aw msm tend bd= 4ed moeM say >tmetan) image hem active er previous iatat domie • 112 (0) If ScAer adapeles to repair strmaaanl amp mvnlyd by the report, Buyer agm mD weeps the Propeaty as repaimd and agrees to the MEASE 103 m forth in puagaph 25 of this Asmm=t. 124 (? gSelfa a3toosa not w 1Lpdr stmeanl d>om>ge ss+ealed ivy the report ear fia9a b respond wldttr the tae gl.a, buys wvjdrin 5_ DAYS, its way aft Sd h r in writing of BWWS Maim toy. tab ]. Accept the Prmpuly with tram ddcm tovcaaod by tiro mepccton, wit vA abatammt of ptics, mmd agree to tbm RELEASE not fertb in purrs. 117 graph 25 of tau ASeasmm% OR ne 2. Maio6 the mpab bd bur utdamemL if mqu hW by the a7amwp lw* if any, at Buyer's eatpe m sod with ScU m's pasmiWq% wbicb win 1s1 mot be mmaessomabip' whhbrld, in wUA ale )Burgs: &cap% the: Property and agsets to dim RELEASE sax fottb hi pmagrmph 25 of ids no Agceeaswk If Seller denies Bu3w permission to make des rgWta, Buyer may, wifta 5 DAYS of Setter's denial, tam chat the set AV mtmt in writing, in whkh cease all deposit mtmies paid on am= of purchase price w19 be roamed pompdy to Buyer and kids am Agraaman will be V01D. OR nit 3. Tkrda m the Agsvmam, Its wtdch we all deposit momiam paid ou acsottatt of ptmebue pd= will be retu med promptly to Buyer and n4 dra Avmmmt win ba VOID. NO Xo. B8&manuL L$ aim PAINT nAZARn REDUCTION ACT NOTICE RBQUIRM FOR PROPERTMS n6 B(+r r won im (I-" zD Or NOT APPI LCABLE 1011 O APPLICAMA ns (A) Seow tmpnaaab dot Sdcr less mo kwwlahdgm ommommg the praama of toad- mod palm mmdlor lead4mcd txirt huards iho or .bow do atal Pwpm% amlon eLedoed below. 211 G Sdkr has kwwlWp of the ptemsm of lad-bleed paint andlor bad baud pain ham* In or about six PkvgcM Ohmido the basic for ztl datermiaing drat load-blame! paint and/or hamda esitt, die location(s). Sae coadiflom of the ptsiotard adiees, and otter aw w" k&nma ria don amommimg SmAm's bmewWr of ohm ymm m of kod-bamed padat smdlor Lad-bned palm haw Y64 214 03) Recwdm1R Podw Soft has w sepaa err mootds pesukdmg to bsd?blsed paint >mdleat bmd•based peat baaorde in of :bout the Property, m wtba mbemisatd below. 217 O Seger ha provided Buyer with all a Wlible accred- >md tepoall pwtoiimg to lad-based pWm aoWw bad-buW pmmt Lmamlls m a about tta do Pwputy, o ist elw mu) 212 no (C) Rigor's Atimplefedgmeaft Buyer has nodved tie pamphlet Praxemt Yomr Finadlypous Lcad ba )bar How and he read the Lad Alsa g 211 Statetomu eaumtaiaad im ibis Agteaaeet (see Bnvftomeaad Nodaxs) Batyer lea rsvkwrod Seller's ?telassese oaf lgwwrm lead?ased pant and/or 22z b.d bmsad print haasmrds, au ialrndfl>d to pmtmpaph ICKA and hat moeivaei the mactda and reports patefmiag to lead4aaed palAt and/or led- V.3 based pale bmande ldamdbd In paragrmpb to(g), t24 guns ''s mBamh Data z1s (D} RMASBMBhMTXWF•CT'LONs BuyamelmowkdgrsthatDdoreBtryaYisohligatedrobagatasidwaadalweihngbmi)tiafara1978,Boya rte has _ip„_ DAYS to eon" a Trek asmtwook ericepeado 1 of dta P1apMty for six p waex of )esad-bond paint aod/aka&bnd paint ham* W ? wAIVIID. Boyar understmds cis Buyer has dam A& to eonefinet a rfek sass meat or kwpeedoa c(des Pmpetty to dwrosho the pretence of 22s load hued pains andeorled-based paint haazards BUYER WArvFS THIS RIGM and spa w the MEAN as forth im patagntpb u no the Agreement. no C) F[ACM 211 1. Burger. a Buye es expose, dmw a to obtain a risk aammomm and/or mspadam of dim property for lad-bued 1 232 pa(pt9antardf,'IbgP as carom Mhd/ur imipemdaaa will bur c meplaod within _10_ DAYS of the eoaaztim Of no zaa no sal At tit ore tH 212 fU 2u 246 245 !a7 M to so 231 at 251 251 to 250 267. 254 2A no tai t6• M M 191 20 ta/ no 271 ni 273 274 273 171 nt 271 27t 21M 231 212 to to tae in i17 M Z81 in ze1 net s93 214 225 2% 117 2" 722 100 fat Tot 30 301 M 304 M 391 all 312 311 art f11 f1• sit 311 317 NI 311 320 321 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 13 2. WKWA die then at brob above Lae adds &g td d* ateatmat =&or Mgftdon of the Properly for bird Woes pdtt mWa 230 lead4aW pallet haranly D"w xmy dafiwe to 8dler. writes Est d the godlfe batudous condidons cited ie the report and that tag Aleuts Willa a spy d 6a wit mamma* todlor iospeoHao report aated by Buyer eompMUM ra ta7 s p 3. Sella m* wldtba _ I DAYS Of reodviog aloe lie std aeport(e). submit a Meitmn e0lmedvc pr0pos.1 to Do7m 710 eaetecdve pwpoud 111. will ioomd4 bet not be dm[red tot, dot acme of die mme"ve compW tend ¦ p xjjaoW aompledon due for cea eaM warns. Seller zit will provide atd9cedon from a rink nomor ar wgeeix that cocractlva mat= have beet aadshady u nplewd on or before fm zN prgiatm d tampledom date, 241 4. Upon mceivieg du eotrodw; iuopoK Brye. "ft 5 DAYS, wnl: sat a A ooapt be erortnetive propotai and Ilse 3't0Pc1Y is wtitisg, std epee m the RP1.EA$E set forth m ptmipwph 25 e?f thi9 Asuaettett OR 213 b. Teminam dds Agreement in wdebrg, in which sae all doporh motive paid of accow of p wch m prior will be returned prnmpdy 2u . to 9rya =dchic Agmemeat wMbe VOID. a" S. Sbodal Saner Aug to wtbmk a written ootractbs paopoed wibin the time mt forth in paraVaph 10(D)3 of this AOramau. Buyer, z4s w1kin -.L_ DAYS. will: 247 L AOCerpt dot Property in wrkft std apes to dw RB EASE as fveh is pusgaph 2S of aids Apeemat, OR zw b. Tbt orb o this A,pmmcm in wri tg, io wbith rase all deposit mania paid an account of puaduse prise vA be returned pamhpdy to to Dryer ad dils Apeemea will be VOID. M 6. Btu's MM he stellar rep of Beyerh opdoos w0ba the time Nmitr eped9ed in U& pusg mph will anotitttte hl WAIVER d zbl Ildt etmdmsatrf sad Drga nccepb Iba Pt>1petAi and srVi to the REUU L? feu (brlh fn puvpVb .tf' d dds ApeamAL - 2U (2) Cwtilleaftm By sip* die Afire :mat, Bgyer sell Seller =*aloe w=iry of 6cir mpaaive stale aettb, is the bat of tbairlu0waedge. zu 1L STATUS OF (1-0? UA (,? . dud Sella bit no ktrotrhrdse comemi n the p etc ce or absetoe d nit tallow dwcbd below. tea 1. Seft hue kwwWp that tit0 Ptbp" vat Meted on fie 6016 by lht: M d?ods (94.. tdnlooal =b Mt. alpha intok, ctc.), std with zw the getups of all torn indicated below: 2s7 DA18 TYPl3 CF TEST FZSUL73 (picow ""low or waddsg levels) 26e zoo COMB OF ALL AVAA ABIE 7M kEFOA'PS will be del mod to Buys; wilt this ApeamaL SEAM DOES NOT WAR. 211 RANT ffiTlMTHEId rows ORRH5[MOFTHETESM 262 D 2. Seller his knowkrdse dui due Property underwent talon and cdw meam a w dot dete(r) and by be methAt) M cam below: m DATE RADON REDUC1'it H METHOD 294 rss ? 099 1 2 twBoyer h the opdon to mqm dwtbe hcperty be kgmcted for m&u by a cw" bupoctor (ea Earner- wxmw. Bqa mdmdmmdt 1 9 meomi NoAai: Radom BUYER WAIVES TIES OP71ON and apes to the REAM set forth In paragraph 25 of dale Apocamot 2te O EL.EcrM Btrye4 st Buyer's ettpeose, has do optbn to obmbk 6om a cutiliod bgxcmti a radon testof the ProM, std will deliver a amps 276 of the test roper to Sella within DAYS (15 days if not spoaiU) d dx man of ails AgmcataL (Soo EwAmumcnial Nod= 271 Rados 172 1. if do an ropoet reveals dhc promo of tallest below 0.02 wa)dns levels (4 pioocurlc Alter), Buyer awMm the Property ad apm to the nor Rlir EASE set loath io paogtapb 2S of this Agteaeaat 270 L If the teat report ravels dun pmemea of radon at or acceding 0.02 working levels (4 pieocmfiaffiw j Now will. within _ 7 DAYS 275 of raaaipt of the tot n wim nt O opBum L 2n L Accept due ptopeny is aeititt and agme to the RELEASE at foah in paragraph 25 of this Apeamm, OR M b. Temioate ddsAamem au in wdit in which an all doposkti mil paid on ucomt of pmdmw pries will be retorted pratoptly 4 Buyer no amd thin Apoetum will be VOID, OR 2N e. Submit a vdmM cmrwdve proposal to Seller. Ik omroodve p mposd will ktcludo, but not be I dAW tor, 60 Lama of the owl ied mid- m tea company, p oddow for payment, WWiag tetea0: std a projected completion dam for eoaroetire mv+eura tat (1) Widdm..5 DAYS of remrvbhs the eametiveprgxK Seder VA L• 2a (tor Agree M the term of dw oorteedve pmpoW in wddng, in wb1ch sae Bvya scoops Eta PmpWy and agree to die zu RELEASE at ALL in ptogmph 2S of this ApumheaL OR tea ro) Noe wooto dm teems of duo cea0adve piapML tea (2) Showd Sena rm aagm to the team of the eaaudya peopomd alf Sollerhb to swpand witldn aloe drat given, Buyer wi1L witbht zu 5 DAYS, tdect ten te4 W Accept the Property b wdfnag asd atmo tot t $ RMJ3ASE od tondo In partp* 25 of thus Apamem OR 2" (b) 76mdaw dds Apeccoad io wd oog, in wlpdr rasa all depo4 mocicr paid on woormt of pntduw ptiee will be returned eat Womptly to Buya=A do$ Apeaant win be VOID. 211 C3 Opdom 2; 2" a. AFoept the PmpM bt writing and ogee to the RELEASE sal Forth in puap* 25 of this Avoca m; OR 211 b. Submit a wdaoes. mmwdw proposal to Sage[ The vctwdva ptvpotd will include, bat not be Bollard ta. des acme of the cwdifed arid- to gadon me pay: Movielotu for Wymcit. bldWW mutes and a projected completion date fat eometim mmum. Seller will pity a not- m imam d i toward 40 total cost of tatedadon end meets, which will be completed by taint 206 (1) If aloe total cost of ratediatioe and MM MMMMS die amount specified ip paragraph 11(9) (Opcim Z) b. Sella will, within 2S7 5 DAYS of receipt of due ew of remadistim Cody Boyer (t writing of Seller's "co to: 211 (.) Pay for rite toW coat orremediuiou and meta, is wNeb eau Buyer aompis flu Pro" and apnea to On RELEASE set fords 2t2 in pmto ph 23 of We Apeamen, OR M1 (b) Canho toward die total a0 dlomodladon aid teoestf only the amount 6peei8wd Io paorgrapb l l(P) (Option 2) b. 361 (Z) Lf Sena dmm not to pLy fa des toad coat of mudoioa and rtaem, or if SdW h9e to choose eilba opdm within the time m glwo, Buyw win, w;;_ & A- DAYS, sodas Sena in wrkW of Buyor'a dako sm eat (a) Psy dot Affmauee between Seller's coolribudot to mmo4W= ad Iwo and the actual root dread. in whidr case 3a BOW aaepn the hopury asst apse w the RELEASE sat forth in pangaph 25 of this Apeemay OR 3es (b) 7btrdmos Nis Apoamietit, in whidt one all dapodt monies paid os wcanm of ptuchm price wan be returned promptly 361 to Buyer and this ApevenAm will be VO92 307 Ii SG11T18 or M (142) iN the o the (A)- do Property is lured by 301 Pob11o VAPM 611 13 owdes wager 311 p Corm c oily Water M D Now 313 E3 311 (0) WATIR SB MCE ITL ?WMON COIL ilr 6MMY its 13 WArM. Drys od mowledga that Buyer baa dot opdoe to mq= a impaction of die water somice for dot Ropaty. BUYER WANES 3a TSLS OPTION and epees to the 4tn va cn at foetb iP W ptpk 25 of thin Apam=L 317 ? BLBCw 311 1. Buyer hu the option, widdt DAYS (15 drys if cwt spa M4 of the execution d thisA.p u mes end at Boyar's Sts . echon report by a gealitf A pro&W and water Wbmg company of No qualify soft quapdty A to Sad?t j?y?, h?op 324 r ? 321 323 M 326 M W 321 331 M 331 332 M 334 321 334 337 as 330 340 ut 742 343 U4 34 346 347 341 343 301 3s1 353 351 364 as 356 357 331 359 300 361 782 363 714 305 306 367 361 360 370 V1 372 Sts 374 373 3r6 ,777 378 379 Ice set 312 303 044 316 700 317 3u 341 300 301 312 $p 314 303 301 307 311 set in al 401 413 404 in An 407 401 t_ 05/03/2002 22:88 7172589370 DORIS LAW JGWGALr+E PAGE 14 2 Sda spcer to bow and ptovhk aooen w the ce-dw (ab:avidmd) wua "own, if appUoable, at SAW$ ezpema, Nrupmed by the 323 I .1 1 ' " I eo0p g War 4W Apra p taken do Property, u Seller'S mpaale, prior to sutamem. 324 3. If die report revesh drat the water sarvba dew not mw the them mWevdk.of war W U=* govm6lnessl audw ley ardlor hilt m 3me Sasblfy 00 NTAMMnfs for q.W* =I* gwmdpr Brit by ha mwpp leader, N eaq, d= Sailor Will, WW90 Z_ DAYS of receipt of VA the Rpm; Asir. vqw in Wort mg of 3dws abda W. a27 a. Uppa& dw wormer service w the minimum accept" lean k, bedate sa to mem , im which ate Buyer arxxpm ftpropetb and asters 321 w die RELEASE Set fettle in pa mpgh 25 d 06 Aga ei4 OR Eta b. Nei sQpada die want trervloo. no 4. NSdar ehoasn amt to "We die rerWoe to mW= m aoaptabie kvdL or ho to ngmd wltida the dame swab Sam will, within 3a1 -5 DAYS. nlthoG 932 L Accept the Pebpraty and to water service std, if w1tdced by the w4roge larder. if alp', mWormy gover6memW ambor)gr, upgrade 333 Otis water service blase sedwwot or wtlhbi the time tleWW by the meltga,(<e baft N my, audlor any Sovatnmewd snhodty, u Sae Bayer's aspem and with SctUor's parch" wWcb will m be mmatrosab)y withheld, and apes to dw RBIEASE set fords in pan- 336 grgh 25 of 1Ws Apem ent. If Stellar dcdx Buyer perndsdw to upgrade the water semcc. Buyer mty, witldm-,J_ DAYS of oar S611ces dead, kmmlmatk 00 Apaement Lo wdfiug, in wMab con a8 deposit modes paid on scoocmt of pared price win be 337 tl mmmd promptly w Buyer and his Apwwu will be VOID, OR, • 331 k Tamino dots App mamt in wA tp, h7 which ease all deposit made paid om wcoumt dpmcbm Wm will be tstt zed p =Vdy an to Bays ad dds Agmement wM be VOID. 346 STUD M SEWF.Ii O-a 341 (A) jr*lf W the Property is served try: Ila Pabfic Sawa 343 ? Indtvidmtl Oa-lot Sewage D qmd System (Sal Stunage Not{a 1) 344 ? MvkbW 0*.k t Sewage Mqp Sy0c mt im Proximity to Well (See Sewsp Notice 1: see Sewne Notice 4. if applic") us ? Cammtmity Sawage Dbltoad SYuem W 13 Tam-acre Permit Mmmpd= On Swap Nodes 2) 147 ? holding Thalc (See Sewage No ca 3) aw ? Nola (See Sewage Notice I) 346 Q Noc AvaibbkTcoWt LimMom id Effm On SnW Notice see O ss1 (B) DiID1V XU ON-LOT SBWAGZ DWOSAL DM%CnM CWMfG &NCY an D WAIVIID. Bqw sdaotrledgm thud Btt wl= We opdon b rcgaem m hWividlai a*lot sewage cBgmd lss *Wm of site Property. BUYER Ira WA1VBS MW OPTION and epees to (be RELEASE set forth is parugiapb 2S of thisApoemeat. 354 E3 E SCW ash 1. Buyer hat the opdm, witbiu DAYS (IS days N not spedtled) of the aeatdw of des Apeetmu and K Buya'a aapmre, io 306 &Uva w Sethi a wduem WWc;G= report by a qua88ed, produdowl impactor of the indivW%W oe-19t wwage diapowd W* mo. 307 2 Seller, at Seller's apame, agrees, if and ore rogWxcd by d w impaction compaw. to locus, proWde access to and empty site individual ar ase lot sewW diepotal tysi m. Sdm also spm to reskae dw Property, at Scows expense prior to seulemaL 390 3. 1 the report ravub ddc* that do ad m*dm acps"m or replSeemtan of the wistins sewage dtapaa) system, Seller will, within 360 _ 7 DAYS dreceipt of tiro kcp0M nogry BuW io wdjW9 of Sailor's dmiee m: set L Correct site detects betae settlement, ineltt&q nowts, at Sd cr'3 expemt, in wbich sue Bum weepts du: Property and Wm to 362 the RELEASE sa fon8 hi patapsph 25 of this Apreemnu, OR 363 b. Not eoanu do ddbm. 364 4. IE Seller dxtosts teet.to exereet the elefoela, err if Seiler M1b b sgpe6sl witidm the the ghm, Boyer aid, wllbto _5 DAYS eitbw 36s a. A=pt fie Property mad the mum and. N rogukW by do wArWo leader, N any, and/or any Sovecammnl aatit", co rta the Ia6 ddbco be= mulanett or wMa site time required by rite mwpepe lauft N Amy, andlor any aut4arity, at BIDw's 367 sole expame ad with Seller's pamledan, abide will upt be awsmumbly wittmeld, std apa to the RELEASE set forth in pwa- 361 graph 25 of dds Apeeelest. if Seiler deidet Buyer pmaisim to cotrea the d*M Bayer may, widdm 5 DAYS of WWx a60 dagg t rmims thin Aplement to wideg, is abide sae SO deposit maim paid ou aceoumt of parcb m price will be rourrned 371 promptly to Btgw and dds Apaamaa will. be YOM OR 371 b. 'Llrinimse this AVemseut in writing, in wW& case alt deposit m=W paid w aaoum of purchase price will be returaw )n pmvmpdy m Bayer sad thin Apacco m will be VOID. 373 S. Ntbw tepoat reveals the read w Baud a aeplaa tha ariadmS brdivhfual os-la sewage eGsposai system Seller may. within_ DAYS 374 of receipt of dto impact, submit a attractive p epad m Bayer. T w cft=dw psoponl win W*de, but mat be limited w. Me trams of die 376 7atmdistice caupssy; povidumk for payma t, lpolnding rrnem sad a prgacmd eompletim darn for ourective masmes. Within AI 9 DAYS of teativiog Sdier's cog. ootive proposal, or N mo carzecdre preps it b iwdsed wMds On time shm, Buyer w0 k 377 L Agee u he hams of the msrucfive proposal, if ay. In wddnp In whkb ase St yar aceepu the Property and urees t oft RELEASE 371 set MA in pmagnph 25 of tick Apwria it. OR 371 b, Accept the Property and dw "M WA N required by 1110 mtagage W" if say, sndkr any govermnawd atukwrity, coaact die 361 del =% bcfw Ponk meet or widil6 do doe mgdmd by dw mmwp leads; d any, uWar any govanmeatal audtaity. at Buyer's M sole expense teed with SdWs petmholas, whidt will not be umcaspm * wttbittld, and spa to tba 8131SASS in fcath in pan- )set VVh 25 of thin Apearmt.13aller dada Boyer permit" to correct *A ddeas, Buyer may, widest 5 DAYS or seller's 303 demur, k MbM 06 Apaear?eat t1 wdthrg, is wWcb ase AU exposit mama psad on IWOtmt of perdu se ptaae will be stored 1u promptly tt Bayer and this ASrawant wM be VOID. OR 7os c. Tbnminue dds Agleeetamt tea wddn3, in vAith ease 4.Q deposit mamiw paid on wo mt of pvmhuo pike wiU be remmedpromptly me to buyer abed this App will be YOM. 317 NOTICES, ASSB.SS11MM h CL+'lt'L'MCAM OF OCCUPANCY (14)2) 364 (A) Sellermpresentt, n d seller's exam, of th$ Agmatwr4t, that m pubis hmptovemes; coodoretitdttm a horoeownmr auociuion mars 301 have bete me& asAmt the Property whkh remain unpaid, and dut no nodes by soy prrat maw or pubUc uft tf bee been Saved upon 311 Seller or atryow an SaUx's behalf, hiciudbtg acdcm rr a ft to vbiadotm of zmsdmg, bou tg, buiVag, sdely or firs asdmanoa wWeb randm )1t mcarmcmd, std dA Sella kawa of no atedides drat wail!) coe stimtte violadam of ui1' sua adinum wNdl larmint awOfratlad, unless 329 Ochmwbe "mod hem. 7aa 3" (B) Stoat kmota3 of m otlter potential ttotieess (iteduding vloladoms) rid ssteamwesn except a follows 3" Sea (C) In titer eva d airy modes 4dudiq vioMovs) erred aaaessmmMa aro received a11er exeatdw d tli t Apeematt and before kwtw nnit, Seiler ail 317 notify Buyer in arddmg, wkWn 5 DAYS of eaaiving the at7tlee a watmam, that Seller wilt: 336 1. Comply with 00*0 and ate 4t Saw# apems, in which am Bayer accepts die Propaty and Wm to the RSLEASS set torah 366 in pamcap* 25 otdb Agmemas, OR 466 2 Not eetrply wide mtdass and man mints u Seller's e» epelo? ,e7 3. NSW cr d MM not w extesguly wft mdaa and luusm=O orbAt wMu dad= g1ra to no* BUM NSager WE C=*, Buyer 162 willpacify Selkt wilt ?1_ DAYS Ln writing that Bnya WM ddur: 403 S. Cemeply with notice read mossmew at Buyer's upaua and rpm a ibe RBL EASE set fords in pwgmph 25d ids Agtu meet. OR spa b. Te mimtro sits Agmmmi ; ie whhdt e m dl deposit wonW paid w aeccm of p rdam peim wdtl bet mm mod p wady to Buyer 406 and this Apteamept wID b VOID. 466 UBayerhlb u boarSdbr **)a tie dw eta; Buy sampts"Pro"and AV= to the REMAV - 407 LrsPb 2S of tbk AV m wL X r 401 (D) Buys Is ady}agd situ tad may mgM isamm of a blgbwq, ompsucy peptic from dm of ' - .-- - / - -- 19. 406 14. 05/03/2092 22:08 7172589370 DORIS LAW 3GRKGAL01E PAGE 15 All " (E) If required by law, whbin 1_ DAY5 of 116 wou(m of this ApeematI Sella wgl order for ddIM to Bgya, on or bd $Wemsm. 411 412 1. Ac Wti$caiou fora rise app opi tO -addio department or dopdfmott &C101109 notice of any uncongosed vi0laions of zoning, bone- 417 411 roll, bWl ft sdmy or fns adiuaooos, AND= ua 414 2. A oettil9Cate permitting ouxxpapey of eta Polpaq lu tbp evaatrgWrwimprovrm to are tngWrad for d a kmaooe Of the emdf la SeUw 414 116 wig. waft ..3_ DAY$ of SaWs receipt of Me requirements. notify Buyer of the regrdtemeett and whether Sttk wig make dle 415 411 now M-Wam-enis at sdws -"am 410 m If Seger eb-05 to uulrc rise required tq*kl&nvMvAm@a% Bayer apua to accept the Ympetty d ropaeed and arm to the RMZASB set 417 All fbnh bt pmgp pb 25 of this A If Saga dm m not to maim the reelahed sapartlfrmprovemwte, Buyer wig, within . s DAYS, nt 411 nodfy Solaria wridag df Buyer's choice to terminate 16 Ara cant OR make one repalmimprovements err a ?0°a' and ? 411 In permission, which ltdll notbe umstlogably wkhheld If ilellar demca 8 epaln W?erpamiesioatomeb6tberequieedtapain a•?SellarWbforespond 421 421 nftplp fist ghee gi Bayer may, vritbia _ 5 DAYS, W mimak ebb Agrament hi wttdng, is which case an depoeh males paid on account 4n in of purchase price will be retuned promptly tv Buyer Bad this Agresum u win be VOID. 427 423 IL 7r1 E, svRn"& C0 x8 (1-q 423 424 (A) •7be Property is to be conveyed free and clear of all Baas, enctmlbraaca, and ulemco% BXCt? WG HOWOM fbc foDowlAS: rat dug 474 471 deed reatrictions, historic preservation restriodons or NltBnaaeee, billing rattdedons, ord mean asemena of tosdL ea0mertb vldb)e upon 421 490 the ground, eas moo of reootd privIescs or rishis otpubtie service cotepanies. If any, odwwise the ode to die above described real emre 42e 427 will be good end makeable and ruch as wig be Carted by a reptmbto Tide Insurance Company at the repo w takes. 417 441 (B) Buya will pay for in folkrwimg: (1) 7111e aarcb. dole insurance sndlor rawhada Bet of Same. if any; 470 421 (2) Flood imasoca, fm itaoraaco whit tatteWW comAge. min subaideace mrxum at fee ibr cancellation of same, If any-, (3) Am" 76 430 tees and china paid In advance to motig p kndrs; If any; (4) Bea' settlement can trod eoa Aso 461 1e (C) Any surray or surveys which may be tho Me htaaiaow Cm Y j04o1t? by tDtrRY or r the abstracting attorney far the presioBtafaR of as 4idegwte 411 Ant legal desaipdoc of die Property (or die W106iOp theredO will be we red mid paid fa by Sella Any nirm or wpm desired by Boyer or 4u 466 required by the mortgage loader will be ow and paid for by Bow.. 433 434 (D) In die event Sa W is enable to give a goad and makefable title and such as will be bauaad by a repuiable Tide Cornpany ere dro lar nuak as 436 An wo-oft In- Pffiro 13M Buyer M11 bive tip opt" or (1) bwq- each aw At = give wbb no choap to the purchase price; or C4) being as 431 repaid an nigher paid by Buyers; Sager an account df pnudm price Bud being reiubuned by Seger for my caste W=W by Buyer fa any ius at 431 .rings or wdficwjm obhirred = %%% to the terms of dK Armiumt, and for those items specified in parsipapb 15(B) hags (1), (2), (3) gad in qT An paapapb 15(C), in which ease there will be no father Babu7iey a obligation oo ddw of be patch baato sad this Agreement wW become VOID. 461 411 lei. Z0NMCIaA5MCA7'I0N(1-02) 431 441 FWhae of ode Agreement to contain du toning eluMa den (except is uses wham die poperty lard each pared diaNOt, if 14"vidable) Is zoned 440 441 solely or ptimaBy m permit dagle f nfly dwellings) wig raider this Apoe meat YOldable at the Orion of ft Buyer, end, If vol" any deposits 441 441 teddcad by the Buyer will be returned to die Boyer witbotu trey requirement for cunt action. 4A2 419 7aft Qftgiftati0at 443 444 ? ELEC=. VAthin _ 5 DAYS of die ezaeutipa of till Apeanart, Brayer wig verify that dt0 VdIdAg 1230 of the NVpGdy as 444 445 It PUMIM& In the even! 60 ON IS 00t pUMM4 BWW WID, Within the dw 443 441 gives for rat don, notify Sella in v4itiog d w the existing use of the Property is act pertained mad this Agromom whin be VOID. which 126 447 case all depo* morsel paid min amount of patdiare price wi11 be p t mid promptyy to Rays: Bayer's tailM to re/perd wNbIn the time 447 446 g o camsdi am it R'UM 9(&k emiingaq std an other eras of tlds Agreement remain In f4B fare tad effect. iva w 441 IIO 461 ?? * w 17. CBOT M NMAPPLICABLN 111 451 ? APPLDCA8L8 Aso 461 461 T= DOWM f MAY HOT MIA. WNVEY, TRAN916at, DUDE Olt m4SUtt IM MU To 111E COAL AND NOM OP SUPPORT 1A4Dt'RHPi H THE SURBACI LAM 412 A" MMW OR nPFArI IP TO HNSM, AND THIS OwNNR OR (7ATamt6 OF P= COAL MAY N4VR 7W COMPM LBOAL RIW TO REHM ALL A= COAL Arm 453 454 W TBAt C07010CTIDN, DAMAGE MAY R13U T 70 TNa AMPAt1 OF Thal LANb AND ANY 110M 1012MU G OR MM PRUCTURE ON OR 114 MM LAM. Md1 454 in notion b as forth in,bc m4a110r IEwidad in Section 1 of tine Act of J* 17,1957, FJ- 984.) "Buyer acimow(adgar that he may not be obtaining the 455 451 right of protection against subsidence twuhing fnm coal mhdng operations, gad the the property described herein may be pectoral from damage 451 467 due to mine subsidence by a private contract with the Owners of rite comondc 6loercan to the cad lids acboowiedge went is mad0 for tbt pmpese 437 Asa of cm*yittg wide the provisions of Section 14 of the Biwmieots Mine Subsidence aid the Lid Consavadon Act ofApdI 27,19156." Buyer agrees Asa 411 to rip the deed ft es Saga which deed wM comalm the dfore W ptovisim. 011 461 Ill. POS57 MON n- no hat (A) Possemica is to be ddiverW by deed, toys ant, All A62 1. Ppy3W pounWoa o vactrm PlopaW fee of debrit, with all omtu S koom--Iwx. at dsy and dme of aWaoma AMM 412 403 2 AeSignmast of uaeisdag lease(s), togedtar wig aryy leauilh a1Lpp1?f4 sad" its, at rime of sademm*, if Propa rly isleat4d a ore 403 454 exeatdon of dds Agreement or Ulm otherwise spedfiW h-L Bayer wig adwowledge aloft lease(s) by Initialing acid feriae) at 4sA 406 t1m; of mcowdon of this Aga t as 410 (B) Satter will not corer into trey acv leases, wrium enendon of existing lava, If my, or additional hares for the Property without the wfftten 400 407 on= of BuyCL 417 4u it. RECORDING (II-M 7bia Agreeme t win not be recorded in 116 Oflie ford* Renwding of Deeds or In arty adwr office; drplaw of public record 461 419 Ind d il"ar data. a pert/ in dfie Apsomw w be recalled, Sdkr miy Elea to ilea such act ere thud ofMASneement. 459 471 20. ASSIGNIlMBIYI' (340 73b Agramem wlli be, binding epos the patter, their respective heir. PWAW rfFrounwives, goads" and successors, no 4" gad to the =I= MeignBhk an the snips of the parties herein it being egrady onder3w& boweva that Buyer wig not master or assign this 471 n2 Agnume without the wtfaea wasena of Sdkc 472 An 2L DB? 81'P des RECOVERY PUND (1-0Z) 473 at (A) Deposhs pRW by Buyer wflWo 3_ DAYS of settlement will be by ash, cashier's or cwdf!W d=L Depolin, rega dies of the tam of 474 175 pym w and die I - x dstiguated u payee, win be paid in U.S. Dollas to 80akv or party klendflod is PWWVb 3(B), who will retain ism 476 471 is a aserow account rmdl consummation or trminadon ofthis Agmeam t in conformity with all applicable laws and tegulafim-Argr mnadied An 477 ebeck tendered as deposit monies nay beheld peo ft do acceptance of this aft 4TT 471 (B) Upon termination of this Agreement, the Br0W beidmg the deposit modes will release the deposit monies In accordance with the tams of a 471 471 fogy a xe tuned WriGln -IN emem between Buyer OW Sedlec 479 to (C) In the avant of a dlepm over adtia oast to deposit monks, a broker holding die deposit mOEia is mquhW by the Rules and Replations O( All All the Sp0 Real Batt Commission (49 PL Code 1135.327) to n9da dm monks in escrow vrA doe diW= is rmolved in the event of litigation 4s1 412 fbr din return of depw* monies, a broker wall dietibute die mmW a dkwW by a final order of court or die written Agreenara of the pales. 4U 413 DOW trod Sena agree that, is due avw any broker of d HIM4 license Is Plum! In Hoption fo the Mon of deposit mall, daa atomeys' As, 404 foes ad cow of tha brolw(s) trod 11censee(s) win be paid by On pan jwbdag them, 464 411 (D) A Red Bum Reeovey Fund Wo to rdmbons any parsons who have obta mad a final dvg AOgme t aping a Pennsylvania real mate 416 410 down owing to fi7md, minsposcom im or dwelt In a real am trusacdon ad who have brRm unable to collect the judgmam after exhaust. as 437 big erg legal amt equitable remedem Far complete dwgs about the Pod, call (717) 763.3638. or (800) 8=113 (within Patnsylvanis) and 467 411 419 (7p) 783.4854 Cain" Pamsyivania). All 2L C OD?O COMHUMW (00 MLOWNfBRASSOCIATI RBSAj C8 (1412) +a9 AN ( ? N07'AmicABLLr 460 All 13 AM MOLL, CONDOMD11UM. Buyer salmowledgu that the property is a emit of a condominium that is primarily run by a unit owners' 49i ass amodstloa. 17407 of the Vaifam Ceadoadnltrm Apt of Pamsylvaaia requires Boller to fiaaish Buyer with a Cerdffcaee of Re" Ord copies 121 W of *a eoadonddmm declaration pother ism piste ad plus), the bylaws, and doe ruins ad noadons of the mockdon, aq 414 ? APPLICARM PLANNED CMMMY (NOMBOWN1liR ASSOMA770N). Buyer adosvwi0dga dra the Property is pat of phtmW 414 496 community a defined by dw Udfom Planed CDmnthaify Alt (See Definition of Phoned Co mmueity Node). 1540'7 8) ulras 195 406 5tfla m Punish rays wilt a toPY d the Dalacadoe (odic dew pLts and phw), do bylean, the infra and reguiati and Ue 417 a Card9g d?,DVaian ad ihit t in 65407(a) of ft AeL ? Nr i ? : _.. - ..... ! J 1_? 05/03/2002 22:08 7172589378, DORIS LAW JGRKGAUGHE PAGE 15 do To FOLLOWJW Apr=TD PROFI'lr:TAtl3THAT AIM PART OF A CONDOMM M OR A PLANNED C011Q?iUNlt )G 419 sob (A) Within _ is DAdfS of the eawwoo of this Agreenew, Sealer will submh a request m the assodadca, fix a Cesd8es0e tf Rsale and the doc- $00 S61 ueeeats axwRary se awbie Seller to comply with dm Act The Aix. pwvides &K tp association b reWW W provide these dowmesua within 061 N2 10 drays d Shcar9 astPuet BE Ni (B) Seller will pbt deNver tc Buyer aU dpauaaett received irons the aaociadon Udder the Art, Seller iR cot Babb to 81tyer tot the instate a sell Nd tkby d the atwodadm to pitrrlde the CadAeate 1a a tttseb tsaoraer, mar b Seller Nabb to Sayer for aoay eoroneote laibemrtitish provided by Onu NS the wodadou.od bwkded in the Cadficats. on IN (C) Buyer may deviate this Aveetouat VOID at sage dean btdwe B1ryu's recelpt of do association doaaneate ad tar S days deareaft OR tstjl trot N7 snderawat, wislobaver oecnt6 Im Bayer's attice demlubg tiro Asmomrmt void most be in writing', these to all deport manias wig be 607 Nl retur7fed to Bqw on IN (>7) in the Cvellg the aaaodstiast has thetigl><ta bay tip Ptopany (dgk dMt refoai), and fie wioeladest exercises that right, Segac will rebabatse on pre Btryer for aU morrks paid by Buyeron tu?rdpatrdtamm pia and fbr shy costs loeanrod by Buyer foe (t) Title semb, tide bmurance arWa s16 $11 nrednicrr Bea iruuaaeee, a fa for wetelLdioa of same, if or. (2) Flood laxtri ao aaft Ara inss,tanre with co aded coverage, mine sub- sit sit sidence immnm or fee for cancellation of me^ if nay; (3) Appraisal tees and charge" pad in advance to mortgage Under, if any. 512 st3 a M&VnV ANM a RiBK OF LOSS p-M 513 114 W Seller will maintain the Property, gtaeads, fAWM , and any prrm W propeay W- tally scheduled hetde is its present condition, nermd lid tits wasr and sswentoepted sill a1s (B) in the evert soy system or rpplisn" secluded in do ale of the Phvpahr bits ad Saw does not repair of replace the item, SWJw willptauptly 516 517 no* Buyer in wddsg d Seller's choice = IV 616 I. Repsk or mplaca die furled system a apphwm bdxt mdoment or as& Buyer at settlement for ties tilt m 0a Was of Ate fried sys- 51a e11 tau or appliance (Aria apd o must be acceptable to the moripp letdea; if any) in teach ease. Buyer eomepts the Property and agrtx6 w 510 no the RE U ASB sat forth In pwwO 25 of this Agreement, OR 524 VI 2. Not repair or xplaee the JWW ayatcm or appliance, ad tow credit Baer u sottlement for the fair maeACt value of the failed system or 121 ett applla= If Soft does not rep* repku a offer a mAtfarthefined 6yslan or appliance, or if Sell it 66 to aodty bWw otsdiee's sn see dtnlee:withi4 the thm given. Buys wig no* Sellarin writing; within -DAYS or before settlement whichever is scorer, that Buyer 523 Its Will: 624 an a.. Accept the Property and sgros to rho RFiEASB sot tarn in psngrsph 25 4rf this Apeestmst, OR ore eta b. '(bmtinsas dtb Agtrxrwk to wbieb an as, depok meuis paid on accosts d porchsse pdee wig be mramed prrmnptty to Buyer 626 5X7 sod t b Agreement Will be VOID. in 526 (C) Seger wig bewr riot of leas from in or other cLuddes =M time of sedkn L b the event of damage by fire or other awsltin to any prop- oil sit sty uhcWW in 06 stir Awt is not tvpsbmd at rtplued prig to scelkmam Buyer will have doe option of nerd nft dds Agrewnem and 120 534 promptly vwdviq as, monies paid on ac wtmt of paudws prove or of ameptievg the Ptopca in its du condition wp *w whb the procoeds sae 3311 of any haze= recovery obainsbb by Series. Buyer is hereby notified d* Buyer may inane BuyWo egW*lc k ftm kit this property. as of sit sat the limn of atocudw of this ApeanaL on 573 2l WAIVER OF CONiI'QdG CM8 (144 ass no If title All wAM is owdqu a on Be er's right V WWM and/or repair the Property. Boyer', metre to aterdse MV of Btu's options within std 594 as dm tmdu net lbrth to aft Apse mad will emadmae a WAIVER of that cw*emq and Buyer secepts the Property and ¦y,? to the 515 sees RIZ'ASB art brib In pnt4pm* 25 of fW6 ApeemsM. in q7 A (1-%l $37 534 Bayer kwft tde uM go claim mad fe ever a1bdoW SI I.ER, ALL BAOMS, tbebt LICE45MM, R-OLOXiB!?fl, and coy OM- on 535 ca or PARTNER of may one o mast sod smy oiler PERSON, FIRM, or CORPORATION wbo me be MW by or ahem, hVw $ao me asp and» A tdatbs&, Iowa err denaads, badoditrg, but sot ladled m, Pasmd harries, and property demup and A urge ecou gmawas mere- So Set Ofi n44dhgr grow kiaoarte err eroy wbitb raq sties tAnast th6 praalee d Oermifa or odiar wood4bwing insecft t:adea, load4wmd pmt bar. 941 in ands, envltvnmaslal barard& my wads is du bt WAW on-lot sewage Asp*W sy6Mai or tiddsucks In the oarib WSW service symcen, m? S43 or any ddem w enadldeaa am the Property. Should Swat be k deb"k aadar On brew of 13de Apeemewi, tab Aelww doss naet deprive w Sae Boyar erae4 mitt to pa , oh' vedow" Wee any be waAnble wader law or equlW- This release will survive settlement, sat Ads 24. RMTJSWM ON(S (144 see 146 (A) Brrya ondaenards den'oD fepreseald c= daims, adrr4dit paomodanal acdvldes, brochures or plans of any ldnd made by Sel14r, Brokers, ads 517 their It" WK employees, of mL or pattne46 are trot It part of dais AgtmmW unties expressly incorporated or used in this Agrsament it is stir Ads tlrtdhw oadmtood that this Apeenteat contest the whole agemaent between Seller and Buyer and these era no other tans, obtigadom, 541 Sdo watts, rapae muttons, stakmmb at cw t w^ oW or otherwise d aw kind whatsoever mwevalmg this sale. Furthermore, this se goo AV"man will rot be ahered, amended, changed, or modified except in wdit executed by the prides. IN 351 (B) 11 b wrdaild"d thrt BWw bas m+peeted So Prolate boom iptiog itb AVeewa (bednd4sg Ar:tmra and my persanW ptvwW !31 su spedgQ* arimdded balm), w• bas waived the afgbd to de 0% and bas, agreed is pwcbw rite P unify in to pipe* eesditlat artless at 03 GMWWbe staged In ehb ApeewcAL Bayer scluanivieftes that Hrdw% dw1r Amaanu, wg4yeas, mAllaae or psttaew lurvm not suede $53 064 see iaadepmdteot wmlaatl4hn a aldsraaimmdoa dda shreeg6nd aahtmdsas dtba Preper4, the age or eoadltlm debe atrupotaeob, tavi? 304 656 roa6amW tmdWM We pers lli ed ours, or of COMBUM VC111 all Its the locale "bete the Property IS Wielded; nor have they nude a 555 tl06 medasninl is pedion at nay of du sysiew coadined memba, $ts 007 (C) Any repairs n*dmdby this Apw,eneat Will be monk" to a wvs kowbU maoM AM ISI (D) Bedew(s) may perfor en Sertt+im An assist matn(xeeeooed patties in cotoptiot wbb dap terms of this Ag OC1119 . 6N 630 (0). The headhnp, captions, and Una ambers in this Aprxarmt are meant only to tuix ill costa to find the pangs O& $51 Me 27. DEFAULT (1.02) ? Dot (A) se0w bat the opdoo of mt4ft at stuns, paid by Beyer, iodadfng the deposit mocks, dwwd Buyer let 652 1. Fail ip grakp soy addidoai laymen- w ipecdad to paragraph S; OR 3e2 663 2. lhwniah No or keemplea inift adds to Sella, Br*u(t), at that mwtpp left if any, conacraIg buyer's h gal or fitw)dal stems, 563 6N or fag to Wopetim hit the Weembg of the tnwtgap loan app wit, wWch aw aonld resole in ire Mum to obt bt the eppaovd of a 561 515 mortgage I= cotogoltmest; OR 301 ON 3. Violas or iii m NO mad p rfwm a4y rids tarn or cooddco4 of this Agreement. on 547 (B) 1)WW e"Wm dwelred in peragrapit 27 (C), Seiler may eloct w Tessin those sums paid by Buyer, indudkng deposit notice, in one of the 6E1 me follooft MUD= in sN of Poshest, Pdoe; OR 1. a me thle 2 o be applied to SdWe damegea OR $to 671 d damages for such breach. e sw $11 B72 (C7 imd to maki ng sums paid by Buyer, imciuding deposit metrm as gquird W damages. ft W 372 675 (D) ff Seiler sebdm as, gums paid by Buyer, irtelodhhg depaitroorues, w Ngoidaed damages ptusuant m paragraph 27 (0) or (C), Buyer and Seiler 573 e74 well be released Aom farther Oa My or obggadoo sad ddb Agrcamoat will be VOID. $74 it6 2L MEDIATION (T'" ors 576 0 NOTAVAZABLE sit 617 17 W VED, Buytx end Seller endarmnd that they may aboo6e to mediate u a later dote sbrwtd a dispute ad4e, but dpi done will beta obis- 517 571 on die part of any party to do a 576 Bta EFLMlD $71 in (A) Buyer and Sager will try to row1w sty dispute or eWm tut may arise h m this Agnaauet Ouo* nhcclisdoe, let accordance vdtb the Rolla in N1 and Procedu a6 of dtt Hama Sdknfflwm Buyers DLpole RewMa a System. Any speameat reached ftwO a matiladoe oonflereoce and sAi set aligned by the pteda wM bm binding. 302 sea (B) Buyer and Seller admowUdge due day have received, tad, and underhand tba Was and Procedures of the Eiorna a Buyers 56i 504 D equie Roubadau (see Mediates Notice). bid 515 Q (C) Th4 disputes uidex boon thb Agreement will survive eel AAnt d 616 05/03/2002 22:08 7172589370 DORIS LAW JGRKGAUGHE PAGE 17 29. SPECIAL CLUM (140 0 (A) The h§vw $ sans pst d tble Apeemeat df cA srr7oed: so ? wa k setdeam MOdw Pcopaw ? Seeeleaam t otOtbaPeopaety Cao6a8eary Addendum ?AJ2 Ptann 8Wh sae Comdneaaey Addondnm (PAR Fam SM WCOAddoaaAwaVAR Farm TM a Sala A Sotda ow ot0dw hoputy Cant aymy Mile Riebe w Continue Madaoto tAddwA m alt (FAR Form Sst? ala ?) i ter, a4d e, #rrM s 517 $at aw fit Betyer and SeDar emd*lee. e4py ot?e Aaw?»we rt 16a m+e d dpi. •a, aM NV= TO PARUM- VMN OIGN1mM TD98 AGBBD=ff LS A WMMG CMUCT.Reams by hralmb Ieaaaa l MA3Q K tbb su Apeareru, aed st4 addett?da.baathre da erpaaanee bra pnalas, aatleata aeoepaatw dtbte Aerseawst. beds u ebb hvmeatdow sreadrbed as Is Rom" bdm sipslep Rthey dedn bpd ad" 017 aN has nodved the Coeawasr Nogee a adapted by Ib Stab Kul Edw Cu ssabo a at b Pa. Code JUMC 66f . hu fsodrd a daO=W of Dtayer s afteled detlrte nab belay skit ft Apwa"A ail Dope has red and oodetetmdf ft mum and atp wumory labn >adise set br& fan lots Apsaeeat. n, ? Dqw hu nodvd a War% Propafy Dbdoaaeti Shbaaaot belon W ping thb Apsetow; K tegdred by kw (see Jdbr=0w Rep u*q fit the Bed Balch Seas Dbtiosms Lsw). na ? Duyv ba setdvad dw Deposit Macy Nodes Or aopraft ales wba Broker br Seller b bofkne deposit mousy) boast dp ft Orb na ADrasanasd. na DnYat's a?tAU?IG ADDR?: ?e DST 'r.0'?(07 7.7?i?yiU? ,?r_ n; we ?.J?rrrcx?cr tin t;aL?,L''f'-? na DUYSR'S Cr NUhiBE ): na al ?o? eZ"0 D `wT DDp? ?Tllf ~ atx W,1Aww amrRR pATE? oZ v`?-O,?ttw -77 __._ SS/ as an wmss D Dwax e27 8Sii stn an m Eta 821 art W w w e2e 627 M in as M an 6sa lu aaa a2a a7 as as aso an ut w ale as as 647 so au rm 651 eat {aa NA M as as7 6aa of us N, at IQs G" as us f67 ass sae Na 171 SWW hereby approva the above comma dais (due) sae and in eoodduatioa of the:writes nadxad In psaeashee the Btr m SdW apses w pay the named DMkff for Sonar aloe of 571 ovkm dte herein speedied sale price. fa des event Buyer do&Wm henaoda, ww meanies paid an ace not wM be divided "Z Soft . BMW far $A% but in so Most wM dto P= Paid to des DrvW tar Sadler a,oeed do above speeHld BMW. fan on ?kZ haa,harivtd aht Goaeemar Nt?tla u adopoea h, de Shb Itw Bute l?emtdeden at a Fa. Coda a9S?lG. in in M'AdFW Aw feerlsed a tdasumM of 5A2r% wMaMbd shine a& babes sipkoe AM Aeseaet. as BeDer bas tsad nand w derAwds the sodees wed a%pbeaaory iedMaa9 ad theta Is tbb Apuvoo t 137 S ste SELLER'S MAIIdNG ADORM- ` pa W SELLER'S CONTACTI UMUR(S)s 7r?-- a f I-76M x',127'. /?Z a„ so wrrNS4s s_ COG A as sore- G 1 Parl4xer /Inc wSI EM SELLER DATE aR all aq ap wrrxBSS SE[i.ER DAZE on sp., Ina Rl Dsoiter'allJtaaas' Caddadiom (d xk aD dug are appBcWM* at O Raptft XAm" and P" Rwanda Mclosom Ragdesd WPeppery. L4.- 11?a oederdped Lieaues iavdhad io w this ummai6a, oa behalf d dtemulvs wA their btokaa, oalddy 1liaat d1g7t elalt try avs d Iba bat d rhos laiowiadee std bold ass Tho Liaeasees lavoltmd b dos trso»edoe have hdormad Seller of Saaar'a obGeiioat noose Tbo ResffieaWel LnadrBated ash Pant AOard Reducdon Aa, 4E UJ.C.14s52(d), std ue awxo d &* rapondbihW w a me coaobn*s. 06 a67 ? Reprdiee FNA)M WWW The uodwfissad Ueaow" iovoived is Ibis tsanssabn oa bd ah' of thentrelvs and their wdmM sedfy the au the teems of dds c*Maed far POW= sae Itae to du beat of their bowlndee and b4d and the say otba aetaameot ae0aead into by any of tae dent ptutba is cowmdee with Idds ac action is smebed to dd6 Apoontat. M Reentdleg MWlsdlm: The tnedtrslgned al,;/ a for Seller 13 Broker for H w )tyror a6rea to submit to mockaliva is aeoae>iapae with Nt paapaph 28 of tbb ApeemaL _ BRORERPORSE Add BY DAN BROKER FOR )UYU ACC VM BY _ AM-sxPApa.a Ile Ka la _ u6 an 101 _ 10 an m ??? fjW cuvc cc. uo ?1 /'L?tfy;? Ib DORIS LAW JGRKGAUGHE PAGE 05 lJl\VUI11\1J . w• ? • ?.. ... , ' ? ?w?Wlu?w.W;i1A1M c ADDENDUM TO ACRtE4ff P 0 BALE TOR A CONDO 1M LTl1T IN THE C01URTY405 OF CARLISLE, A CONDOMIIV'Yt1M COMMURMY This wr4tuus an amendment to an Agrosmeat i", bt twaw COC ASSOCIATS9, a Pennsylvania IW%d buyer or the Condominium unit indkatcd Wow. to the eye the terms of this Addendum and the prthted lted T?AW Sala the tsrme of We Addendum SMU prevail. 1, Sale datcd,5" and the undets SW of any ineonsistaaeise bstweea to which it is ett diod, Buyer seknoNrledges that it bee r*Wved Copies of the Dtolaratlon tuhda which the Seller shall ' bmit no Courtyards of Carlisle, A Condcmittlum CommWty, to the Pwuylvatila Uniform Co diomird mn Act, and the By-Laws adoptcd by The Courtyards of Carlisle Unit Owners Assoei ?'on, Inc. The provisions of the Condommum Dwxnwtts uc homby incorporated hock by T? rw ce. Until tba oonveynce of the tau we t by Seller to any purcbew, Seller shall havs thi right, acting alvsse, to amend or mWIfy the Deelaratiom V Deelbration Plae, and the By.Lsa1 Seller shall have ao liability or rsegontilbtlity to Buyer fox any such amendment or uwdlfieetipn. no Buyer shell not have the right to terminate this Agreement by reason of such modification units h materially affects a chop in the sins or layout of the Unit or materWy affsett a powt ge of common intt3 at alloeated to the Um1t. Notwlibstandiq the iucotpondgn of provisions of the Conduminium Documents ints this Agreement of Stle, if, for any reason, th , Condominium OocumOats foil to can. ply with rho requirements of the Pemsylvaaia Vt ann Ondomin w Act, the Seller shall be pennitt it to rtniluera!ly erhend the doethments so u to bring them icto compliance. Euyet ED Id 0615£88LIL 'ON KH a?anl? 'i J.d ,18$Sl1tJ ?Z EXHIBIT o? ., ?. „ ren it 'yy 12 Sa F'. L'1 i shall he entitled only to those remodies, if any, provided to the Over by the Act in The case of any such failure. Buyer acknowledges receipt, at or prior to the exC tution of this Agreement, of the i Seller's Public Offering Statement and of the notice of Buyer's rigbt to moel the contract conudned therein. i The terms "Unit", ''Declaration", "Declaration plan", "By-Law", "Common l ntemu", "Undivided S)fC", "Common Elements", "Lirrate Common Elements", and "The Courtyards of Carlisle, A Condominium Community", and al other terms used herein, to the extent not specifically defined, shall have the meaning ascribid, to them in the Declaration or i under the provisions of the Act, i 2. CON MOZON. Before settlement, geller shall substantially complete eonstnictlon of a Unit and all utiWity services intended to solve the Unlit and a bast coat of macadam for the driveway and parking space serving the Unit Seller shall not be responsible or liable for sM delay in such completion ofconsiruetion of such Unit. regud'ess of the causes or length of such delay, and regardless of whether or not a delay is, in whole or in part, attributable to Seller's fault. In the event any such de y results in Buyer's mortgage commitment expiring or causes the InWest rate on Buyer's mortgage to increase, tben Buyer shall have the right to cancel this Agrectnebt. The Unit shall be constructed by Seller substantially its accordance with the floor plan and outline specifications attached hereto, which has b?n delivered to Buyer and shall include the fixtures, appliances and items designated in the specifications. Seller shall have the 2 M'd Oh;19E6 IL ON M 8t : t ? 3nI 86-81-131 I 4 Titht, at its sole discretion, to make substitutions of material wienever Seller finds it necessary and expedient to do so, and be shall have the right to ran! construction technique or materials. la the ovent of a than matorit is shall' be wbstantially equal or better in qu lity and no Aw of the Unit or building. Floor plans, sketches, models a attached hereto, shown to Buyer are for display purposes only a promise or warranty. Seller reserves the right to make such srecif c,idons as we customary in the construction industry in aa+d Mich may be occasioned by the practicality of particular field conditions, current construction schedules and available Construction of Ws Unit for Buyer dote not part to improve the land or eomtruct other Condominium Units specifications of Buyer. Seller reserves the right to make all decisions =4 construglon of the Condominium, including, without e minor changes in design or le in materials, the substituted change shall materially alter tha yd sales drawings, except those td do not constitute any implied from construction drawings and mberltu+d County, Pcntssylvania, io.struetion techniques in ligl*t of ibor and material. ?titutc any agreement on Seller's or the Condominium itself to the t regard to improvements of land atloa, changes in grade, removal of gees, plaoement of utility hates and equipment, location d"sip of walks and driveways, landscaping and drainage, and all heats of sindlar native. a Unit shall be equippod with appliances, fixtures and floor and ceiling coverings as indicted in the specifications. Any additional items or changes, not in(torpoWed in tbt outlini specifications attached to this I Agreement, shall be doomed extra charges or shall constitute Extra work. 3 5o A 3XIMU11, ON W i Mao I IMVS l 113SSM 9 N13nL Be-)1-634 At the time of settlement for this Unit, the the Units in the Condoxnrdum- As disclosed in ttu Public Sailer intends, but is not obligated, to create a total of 142 only obligated to complete those impmvamts which arc may not have completed all of Statement delivered to Buyer, in the Condominium. Seller is "must be built" on the Plats and Plans of the Condominium, Seller shall not have the right jo delay settlement because other Units are not substantially complete, or because final grading, been completed, or because the final course of driveway will be completed in woordance v4lb Seller's construction At the time the Unit is conveyed to Seller and landscaping have trot has not been installed These Ws Agreement. other Units in the building may not be substantially complete. 11 is the Scller'i intention to complete Units only as Units have been sold and are conveyod to Buyer. Conseytiently, there will be construction acd,Yity occurring both inside and outside the building and in ,other areas of the Condominium property at the time of closing for this Unit, Seller aekno*ledges receipt of notice of this construction activity and uadecStar?ds that noise, dirt, dust and #tha construction activity coil: be occurring &round them in their new Unit. 3. In the event Buyer desires to snake changes to the interior design of his Unit aft the date of this Agreement, he may request mtaiob changes of Seller, but Seller shall not be obli ated to make such changes. The parties acknowledge that the premises is a Condominium &0 that changes to one Unit may require changes to other Lints which may not be feasible reasonable discretion. In the went that Buyer does request 4 90 'd practical in Seller's exercise of to Mich Seller agrees, the OCISERL12 'ON g'dJ 838,180 81.d,? i ?13SStla az.lt 3f11, a8-91-03 work on those ehaejes shall act coimunence until such time cbanges have beep specifically agreed to in writing by Seller. Any increase in purchaac price hall have been paid by Buyer to Seger, .4. W? , Bella warrants the Unit Buyer against structural defects in the Unit or common elements for a period of two (2) year. The two (2) year period shall begin, as to each common element, whenever the common elrnent has been completed, or, if lour, at the time the first Unit in the building is conveyed to # bona fide purchaser. A "structural defect" is a defect in the eomp?nent.s installed by the Seller or improvements pexfonnod on behalf of the SCUcr which red the stability or safety of the particular hem below expected standards or restricts the norm intended use of such iter i and requires repair, renovation, restoration or replacement. This i warranty covers spmific defects oecwring in the common elements for two (2) years from the first conveyance of a Unit to an owner other than the Declarant. This warranty does not cover improvements to the Unit, nor items of maintenance relating to the common elements, and' pecifioally excludes any defects resulting from misuse or work performed by, or the actions v?, any person or entity other than the Seller or employees on behalf of the Seller. The warranty contained in this $wtlon is the only applicable warranty from the Seller to the Buyer. This limited warranty is in lieu of any other warranty, expressed or implied, concerning the property or the Condominium, including, but of limited to, implied warranties of habitability, merdwability and fitness for a par icular pus ose. The obligation of the Seller is limited solely to the repair of the struaturelly defective com onent and does not extend to any S L4 'd OC ISS IL 'ON Xdd BOND I IJId$N 1130a 62:11 T IL 66-91-839 war. «. uo (I , caoza 10 DURIS LAW JGRKGAUGHE PAGE 06 duumle or harm resulting themaby or thefd*om. Except u act Forth above, the prsttises will be sold "m le. Sella neither ass mef, not authorial any perm w awame fa Sella, eery ad= liability In CASOVAIM with the We or use of the premises, 6d that are oo agro ma u or wartu les, either oral or wfitten, Collateral to or afteodog Ibis ? pemew of S,le. No action to edome the warranty crewd herein 64 be commenced latex be=fns. • At 1014a wk 901141 will deliver to esch 8uya tl six (6) yam Alta the wwauty from the coniraotor'w'ho built the Dupee Ueit that tech Unit, And All egnipMent, ' OdnP, eotnpoesa?ts, plumbing, fur, decitieg ad all other ptdont thereof, of every kind And des Aptloa, provided, con:mvctcd or w"Ied lry die contractor as part of the conmedon of the Init-shall be free from defects in material and workMMbip for a period of elthwA (18) 4ths from and after the date or settiamont This wwawyr shall be ptovided &rtotly fm *A Oda and smell acct be, from the Seller of *1 Unit. TM SCUCr 3h111 traosfat to Buyer at uttlementltll ntanutamror s warranties or appliances sold with the Unit if ad to the exkAt available at? assignable. Additionally, the Seller sw make available t Buyer, at no additioeal charge, a Tea Year Lrited Wan" ttttough a borne warranty Ulnas f wrAd thto* E. K A. WYEL. 90 'd 0619£6UlL ON X04 to be sekctad by Sella for 411 131MSO 9 IM 4 1133snv De,lt MI 06-91-031 05/03/2002 22:08 717258 9370 80 'd O 19EB8 0t ON xvi DORIS LAW JGRKGAUGHE i SELLM. CM AS O pftas* By: CO By- Ti i a PCAMIVWA Gmitad 7 1 nonso 9 lam 113ssnv PAGE Wit ML 66-91-OU ,3D,6 0 of y'-")l ( Tax Parcel: ,f_tV - THIS INDENTURE, MADE THE A7)? day of in the year of our Lord two thousand two (2002) be ween COC ASSOCIATES, a Pennsylvania Limited Partnership, hereinafter referred to as "Grantor", AND RICHARD M. BRADY and JEANETTE M. BRADY, husband and wife, hereinafter referred to as "Grantees", WITNESSETH,.That in consideration of the sum of One Hundred Thirty-five Thousand Three Hundred Thirty-four and 00/100 ($135,334.00) Dollars,. in hand paid, the receipt of which is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referred to below as "The Courtyards of Carlisle,, A Condominium Community", located in the Borough of Carlisle, County of Cumberland and Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. C.S.A. Section 3101, et. seq., by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a Declaration dated February 26, 1999, and recorded April 22, 1999, in Miscellaneous Book 610, Page 678 (together with all amendments and supplements thereto recorded on or before the date hereof) and the Amendment to Declaration of Condominium of the Courtyards .of Carlisle, A Condominium Community dated October 26, 1999 and recorded in Miscellaneous Book 628, Page 760, and the Second Amendment to Declaration of Condominium of the Courtyards of Carlisle, A Condominium Community, dated May 3, 2000 and recorded in Miscellaneous Book 644 Page 624, and the Third Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated March 28, 2001 and recorded April 19, 2001, in Miscellaneous Book 672 Page 614, and the Fourth Amendment to Declaration of Condominium of the Courtyards of Carlisle, a Condominium Community, dated October 16, 2001, and recorded December 31, 2001 in Miscellaneous Book 683 Page 2441, being and designated in said Amendment to Declaration and the herein described Declaration Plan as Unit No. 222, as more fully described in such Declaration, together with a proportionate undivided interest in the Common Elements as defined in such Declaration, 4a UNDER AND SUBJECT to any and all covenants, conditions, % ? restrictions, rights-of-way, easements and agreements of record, including (but not limited to) those contained in the Declaration and Declaration Plan. TOGETHER with the limited common elements appurtenant as more fully shown on the Declaration Plan recorded in Plan Book-78, Page 117, the Condominium Declaration Plat/Plan for a portion of Lot 1 (Phase I), Buildings 2 and 23 and Public Improvements recorded in Right-of-Way Plan Book 12, Page 83 on October 27, 1999, Amendments to Plots and Plans, Building 3, recorded in Plan Book 81, Page 9, and New Declaration Plan dated April 19, 2001 and recorded in Plan Book 83, Page 24, Building 4, covering units 41, 42, 44, and 45, and Declaration Plan Building number 21 dated December 31, 2001 and recorded in Plan Book 83, Page 89 and Plan Book 84, Page 85, Buildings 21 and 22, covering units 211 thru 225, and recorded in Plan Book 85, Page 9, together with all amendments and supplements thereto recorded on or before the date hereof. BEING PART OF THE SAME PREMISES which James S. Hall, by deed dated April 8, 1998, and recorded April 9, 1998, in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in Record Book Volume 175, Page 88, granted and conveyed unto COC Associates, a Pennsylvania limited partnership, the Grantor herein. AND the said grantor hereby covenants and agrees that it will warrant Specially the property hereby conveyed. Ii 01 •--+ to F- -- j w Z r-•i moo= v° E 0 p 'Z N Mf1? i7.1 Q LU a C`J C-- x 7 ? ' '..7" ?•FI P f•!?1 1? S 17 f"?'i l' w ? = g (? ?f 7p? ( ?? ((?''''(( 11 FF ?? 'TT ?? ? f ? (+,--.4+ 1 1 fpf .-a r'18 iii 1W FR1s ( ( ? 'U na ?'"?? a? Ca 'V?1Y ' fY• ITi ITT 7Q Ir 4 o r-_t . ? ie 5 F1E"l ? 9 * ? N C 1 • AwY .? r7 -4 m E El . . 'Zx- - . 21 jy m " t tn i C GSM `i++ .• ?(Y Z2-- u .? ,:? r v r•, t: ? ?3 ? ? $OO?c 252 PACE3973 . IN WITNESS WHEREOF, said grantor has hereunto set its hand and seal the day and year first written. Signed, Sealed and Delivered In the Presence of Attest: COC-Associates, a Pennsylvania Limited Partnership By: COC, Inc.,,4 is sgliT-',#neral partner By : l? Eddie P. Droga.r` , Pre 'dent STATE OF A MO- SS: COUNTY OF (?4,,, . On this, the Altay of 2002, before me, the undersigned officer, personally appeared Eddie P. Drogaris who acknowledged himself to be the President and Secretary of COC, Inc., the sole general partner of COC Associates, a Pennsylvania limited partnership, and he as such President and Secretary, and being authorized so to do, signed the foregoing Deed in the names of COC Associates and acknowledged the foregoing Deed to be its act and deed and desired the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL MELODY J. MARTIN. NOTARY PUBUO WEST EARLTWp., COUNT? OP UWCASTF-It W OM MSSION pIp M AUGUST 27, 2005 annr 040 AANC61Q1A CERTIFICATE'OF RESIDENCE I do hereby certify that the precise residence and complete post office ddress of the wit 'n named grantee is If 2001 GG/ Agent for a ee State of Pennsylvania: SS: County of RECORDED on this day of A.D. 2002, in the Recorder's office of said County, in Deed Book Volume , Page Given under my hand and the seal of the said office, the date above written. Recorder. 'I certil`y this to be recorded In Cumberland County PA ?r W l its. ? r •a ? ,R jj/J `w 4 Q V ? Recorder of Deeds 0 \Users%As\CVR\comtyar&.cerdficate.wpd:12/20101 THE COURTYARDS OF CARLISLE, A CONDOMINIUM COMMUNITY CERTIFICATE OF SUBSTANTIAL COMPLETION I, Gary E. Weaver, of Tippetts, Weaver and Others Architects, Inc., certify as follows: 1. I am a Registered Architect, License No. X 11624, in the Commonwealth of Pennsylvania. 2. This Certificate is given pursuant to Sections 3414(c) and (d) of the Pennsylvania Uniform Condominium Act, Act of July 2,1980, P.L. 286, No. 82, as amended, and pertains to The Courtyards of Carlisle, A Condominium Community, located in the Borough of Carlisle, Cumberland County, Pennsylvania. The Declarant is COC Associates, a Pennsylvania limited partnership. 3. All structural components and common element mechanical systems of the structure which contains Unit No. 222 of The Courtyards of Carlisle, A Condominium Community, are substantially completed to the extent required of the Declarant so as to permit the use of such unit and any limited common elements appurtenant thereto for their intended use and such unit is substantially completed in accordance with the description set forth in the Declaration and Public Offering Statement. Certificate of Substantial Completion is executed thisiACvllp Gary eaver 7ANIA ) ss: On this, the day of 20012 ,before me, a Notary Public, the undersigned officer, personally appe E. Weaver, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 4611 c, e a NOTARIAL SEAL MELODY J. MARTIN, NOTARY PUBLIC "v?+?... • • qV ,,? WEST EARL TWP., COUNTY OF LANCASTER Notary Publ' MY COMCINSS?N Dt?IRES AUGUST 27, 2005 •`" 500K 252 mctr3g COUNTY OF LANCASTER k To* rlol A? BuILuFxs INC July 15, 2002 Richard & Jeanette Brady 28 Courtyard Drive Carlisle, PA 17013 Dear Richard & Jeanette,, Welcome to your new home. We at Your Towne Builders are proud of the home we, have built for you. Construction involved many different materials and subcontractors who exhibit the same care and integrity as we. Enclosed in this booklet is your warranty from Your Towne Builders Inc., and all of your product information and manuals. Please take a few minutes to read through the literature. Enclosed with your warranty are two warranty service request. forms. The first form is your 30-day list for, any items which may need corrected or adjusted after your first month of ownership. The second form is your 11-month list. Both of these lists should be mailed to Your Towne Builders Inc., at 2137 Embassy Drive, Suite 210, Lancaster, PA 17603. We suggest you keep a running list of items that need corrected as you find them.. Again, welcome to your new home. in it. We hope you enjoy many memories Sincerely, &,, L"Stephen J. Artz President Your Towne Builders Inc. EXHIBIT 2137 Embassy Drive •. Suite 210 • Lancaster, PA 17603 • (717) 390-3080 • Fax(717)390-3071 yourtowne@aol.com OA? 4 Tp*? BUILDERS " INC YOUR TOWNE BUILDERS, INC. PRESENTS THE LMTED WARRANTY SUBJECT TO CHANGE This Limited Warranty does not cover consequential or incidental damages. Warrantor's total aggregate liability of this Limited Warranty is limited to the Final Sales Price of Physical Improvements. The Builder makes no housing merchant implied warranty or any other warranties, express or implied, in connection with the warranted Home, and all such warranties are excluded, except as expressly provided in this Limited Warranty. There are no warranties which extend beyond the face of this Limited Warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages by the Builder so all the limitations or exclusions of this Limited Warranty may not apply to you. F: V4W FFICb1W1NWOW %WARRANnMDENDUI3.DX 2137 Embassy Drive • Suite 210 + Lancaster, PA 17603 • (717) 390-3080 • Fax(717)390-3071 yourtowne0ad.com Section 1. Definitions A. Introduction To help you better understand your Limited Warranty, refer to the following list of definitions which apply in this book. B. Definitions 1. Administrator Your Towne Builders, Inc. is the Administrator of this Limited Warranty. 2. Appliances and Items of Equipment, including Attachments and'Appurtenances Water heaters, pumps, stoves, refrigerators, compactors, garbage disposals, ranges, dishwashers, washers and dryers, bathtubs, sinks, commodes, faucets, light fixtures, switches, outlets, thermostats, furnaces and tanks, humidifiers, purifiers, air conditioning materials, in-house sprinkler systems and similar items. 3. Registration of Warranty The form signed at closing by you, the Purchaser, and the Builder which identifies the location, the Effective Date of Warranty and the Final Sales Price of the enrolled Home. 4. Arbitrator A representative of the National Academy of Conciliators or another independent arbitration service agreed upon by you, the Purchaser, and the Administrator to determine coverage on an Unresolved Warranty Issue. 5. Builder The corporation which participates in the Limited Warranty Program and has provided this Limited Warranty for you. 6. Building Codes The following codes are acceptable to the Administrator of the Limited Warranty: a. Building Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Building Code (BOCA) b. Mechanical Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Mechanical Code (BOCA) c.. Plumbing Codes (1) CABO I & 2 Family Dwelling Code (2) International Plumbing Code (3) National Plumbing Code (BOCA) d. Electrical Codes (1) CABO 1 & 2 Family Dwelling Code (2) National Electrical Code (BOCA) 7. Consequential Damages All consequential damages shelter, transportation, food, during repairs. including, but not limited to, personal property, costs of moving, storage or other incidental expenses related to 8. Cooling, Ventilating and Heating Systems All ductwork, refrigerant lines, steam and water pipes, registers, convectors and dampers. 9. Defect A condition of any item warranted by this Limited Warranty which exceeds the allowable tolerance specified in this Limited Warranty. Failure to complete construction of the Home or any portion of the Home, in whole or in part, is not considered a Defect. 10. Effective Date Of Warranty The date coverage begins as specified on the Registration of Warranty form. The effective date is the date of closing or occupancy, whichever occurs first. 11. Electrical Systems All wiring, electrical boxes and connections up to the house side.of the meter base. 12. Home The single family dwelling, identified on the Registration of Warranty form, which may be a townhome, condominium or duplex. 13. Limited Warranty The terms and conditions contained in this publication including any applicable addenda. 14. Major Structural Defects (MSD) All of the following conditions must be met to constitute a Major Structural Defect: a. actual physical damage to one or more of the following specified load-bearing segments of the home: b. causing the failure of the specific major structural components; and c. which affects its load-bearing fimction to the degree that it materially affects the physical safety of the occupants of the home. Load-bearing components of the home deemed to have MSD potential: (1) roof framing members (rafters and trusses); (2) floor framing members (joists and trusses); (3) bearing walls; (4) columns', (5) lintels (other than lintels supporting veneers); (6) girders; (7) load-bearing beams; and (8) foundation systems and footings Examples of non-load-bearing elements deemed not to have Major Structural Defect potential: (1) non-load bearing partitions and walls; (2) wall tile or paper, ect; (3) plaster, laths or drywall (4) flooring and subflooring material; (5) brick, stucco, stone or veneer (6) any type of exterior siding; (7) roof shingles, sheathing and tar paper; (8) heating, cooling, ventilation, plumbing, electrical and mechanical systems; (9) appliances, fixtures or items of equipment; and (IO)doors, trim, cabinets, hardware, insulation, paint and stains. 15 Owner See Purchaser. 16. Plumbing Systems All pipes located within the Home and their fittings, including gas supply lines and vent pipes. 17. Purchaser You. The Purchaser includes the fast buyer of the warranted Home and any and all subsequent owners who take title within the warranty period. 18. Residence See Home. 19. Sewage Disposal system (Private or Public) This system includes, all waste, drainage, sewer pipes and lines, cleanouts, tanks, pumps, drainfields and seepage pits, outside and beyond the exterior wall of the home. 20. Structurally Attached An integral part of the Home being structurally supported by footings, block walls, or reinforced concrete and connected to the foundation of the Home. 21. Unresolved Warranty Issue All requests for warranty performance, demands, disputes, controversies and differences that may arise between the parties to this Limited Warranty that cannot be resolved among the parties. An Unresolved Warranty Issue may be a disagreement regarding: a. the coverages in this Limited Warranty; b. an action performed or to be performed by any party pursuant to this Limited Warranty; c. the cost to repair or replace any item covered by this Limited Warranty. 22. Warrantor Your Towne Builders, Inc. 23. Water Supply System (Private or Public) This system includes, all supply and distribution pipes, fittings, valves, pumps and wells, outside the exterior wall of the Home, which supply water to the Home. Section IL The Limited Warranty A. Introduction to the Limited Warranty 1. This publication provides specific details, conditions and limitations of the Limited Warranty including procedures for requesting warranty performance and for binding arbitration, in accordance with the procedures of the American Arbitration Association. Read this document in its entirety to understand the p otections it afford the exclusions applicable to it the Warranty Standards which determine its interpretations and operation and your responsibilities. 2. This is NOT an insurance policy, a maintenance agreement or a service contract. It is an explanation of what you, the Purchaser, can expect from this Limited Warranty. 3. Appliances and Equipment included in the Home are not warranted under this Limited Warranty, but may be covered by separate warranties provided by the manufacturer or supplier. These warranties are passed on to you by Your Towne Builders, Inc. at closing and are separate from this Limited Warranty. Your Towne Builders, Inc. will assist homeowner in obtaining warranty services from the manufacturer or supplier of appliances and equipment items not included in this Limited Warranty. 4. You are responsible for maintenance of your new Home. General and preventative maintenance are required to prolong the life of your new Home. 5. This Limited Warranty is automatically transferred to subsequent Owners during the eighteen month term of this Limited Warranty. 6. This Limited Warranty is subject to changes required by various regulating bodies. FHA and VA, as well as some local agencies have mandated the additions noted in the Addenda Section of this Limited Warranty publication. These addendas may or may not apply to your warranty. B. The Limited Warranty 1. Actions taken to cure Defects will NOT extend the periods of specified coverages in this Limited Warranty. 2. Only warranted elements which are specifically designated in the Warranty Standards are covered by this Limited Warranty. 3. The Warrantor has the choice to repair, replace or pay the reasonable cost to repair or replace warranted items which do not meet Warranty Standards and are not excluded in the Limited Warranty. 4. If a warranted MSD occurs during the appropriate coverage period, and is reported as required in Section IV, the Warrantor will repair, replace or pay you the reasonable cost to repair or replace the warranted MSD, limited to actions necessary to restore the MSD to its load-bearing capacity. C. Warranty Coverage 1. Eighteen Month Coverage: Your Builder warrants that for a period of eighteen (18) months after the Effective Date Of Warranty, wan-anted items will function and operate as present Warranty Standards, Section III. Coverage is ONLY available where specific Standards and Actions are represented in this Limited Warranty. 2. Condominium Coverage: This Limited Warranty shall only apply to wan-anted common elements. Wan-anted common elements are those portions of the defined electrical, heating, ventilation, cooling, plumbing and structural systems which serve two (2) or more residential units, and are contained wholly within a residential structure. Warranty coverage for common elements shall be for the same periods and to the same extent as similar or comparable items in individual residential units. Examples of common elements which are covered by this Limited Warranty are hallways, meeting rooms and other spaces wholly within the residential structure designated for the use of two. (2) or more units. D. Conditions 1. This Limited Warranty provides coverage for items not covered by other warranties, whether collectible or not. 2. This Limited Warranty is binding on the Builder and you and your heirs, executors, administrators, successors and assigns. 3. This Limited Warranty shall be interpreted and enforced in accordance with the laws of the state in which the Home is located. 4. This Limited Warranty is separate and apart from your contract and/or other sales agreements. It cannot be effected, altered or amended in any way by any other agreement which you may have. 5. This Limited Warranty cannot be modified, altered or amended in any way except by a formal written instrument signed by you and the Administrator. 6. If any provision of this Limited Warranty is determined by a court of competent jurisdiction to be unenforceable, that determination will not effect the validity of the remaining provisions. 7. All notices required under this Limited Warranty must be in writing and sent by mail, postage prepaid, to the recipient's address shown on the Application For Warranty form, or to whatever address the recipient may designate in writing. 8. If actions by the Warrantor on any obligations under this Limited Warranty are delayed by an event beyond its control, such performance will be excused until the delaying effects of the event are remedied. Such events include, but are not limited to, acts of God, acts of the common enemy, war, not, civil commotion or sovereign conduct, or acts or omissions by you or any other person not a party of this Limited Warranty. 9. Costs incurred for unauthorized repairs to warranted items are not reimbursable. Written authorization prior to incurring expenses must be, obtained from the Administrator. 10. Whenever appropriate, the use of one gender includes all genders and the use of the singular includes the plural. 11. Under this Limited Warranty, the Warrantor is not responsible for exact color, texture or finish matches in situations where materials are replaced or repaired, or for areas repainted or when original materials are discontinued. 12. The Builder must assign to you all manufacturers' warranties on products included in the Final Sales Price of your Home. 13. You are responsible for establishing a written, final walk-thru inspection list of items in need of service prior to occupancy or closing, whichever is first. Cosmetic repairs (not workmanship or product related) of items including but not limited to: carpet, vinyl, tile, hardwood, paint, plumbing fixtures, cabinetry, countertops, appliances, window and door screens, glass and mirrors discovered after walk-thru are NOT covered under this limited warranty. The final walk-through list must be signed and dated by you and your Builder. Keep a copy for your records. E. Exclusions The following are NOT covered under this Limited Warranty: 1. Loss or damage: a. to land. b. to the Home, persons or property directly or indirectly caused by insects, birds, vermin, rodents, wild or domestic animals. c. which arises while the Home is used primarily for non-residential purposes. d. caused by soil movement, including subsidence, expansion or lateral movement of the soil which is covered by any other insurance or for which compensation is granted by legislation. e. resulting directly or indirectly from flood, surface water, waves, tidal water, overflow of a body of water, or spray from any of these (whether or not driven by wind), water which backs up from sewers or drains, changes in the water table which were not reasonably foreseeable, water below the surface of the ground (including water which exerts pressure on or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool, or other structure), wetlands, springs or aquifers. f. from normal deterioration or wear and tear. g. caused by material or work supplied by anyone other than the Builder or its employees, agents or subcontractors, including the items listed as additional exclusions on the Registration of Warranty form. h. from your or the condominium association's failure to perform routine maintenance on the Home, common areas, common elements or your or.the condominium association's grounds. i. to wiring, to and between communication devices from the source of power, whether or not connected to the interior wiring system of the Home. Such devices shall include, but not limited to, telephone systems, television cable systems, intercom systems, t computer systems and security systems. Sources of power shall include, but not limited to, service entrance conductors, switches, outlets, receptacles and junction boxes. 2. Loss or damage resulting from, or made worse by: a. change in the grading of the property surrounding the Home by anyone except the Builder or its employees, agents or subcontractors. b. changes in grading caused by erosion. c. modifications or additions to the Home, or property under or around the Home, made after the Effective Date Of Warranty (other than changes made in order to meet the obligations of this Limited Warranty). d. intrusion of water into crawl spaces. e. the weight and/or performance of any type of waterbed or any other furnishing which exceeds the load-bearing design of the Home. f. the presence or consequence of unacceptable levels of radon, formaldehyde, carcinogenic substances or other pollutants and contaminants; or the presence of hazardous or toxic materials resulting in uninhabitability or health risks within the Home. g. acts or omissions by you, your agents, employees, licensees, invitees; accidents, riots, civil commotion, nuclear hazards, acts of God or nature, fire, explosion, blasting, smoke, water escape, windstorms, hail, lightning, ice, snow, falling trees, aircraft, vehicles, flood, mud slides, sinkholes, mine subsidence, faults, crevices, earthquake, land shock waves or tremors occurring before, during or after a volcanic eruption. IL your failure to perform routine maintenance. i. your failure to minimize or prevent such loss or damage in a timely manner. j. defects in, but not limited to, recreational facilities, retaining walls, bulkheads, sodding, seeding, subsurface drainage systems, lawn sprinkler system, off-site improvements, including streets, sidewalks, adjacent property and the like. k. defects in detached garages or outbuildings (Except those which contain plumbing, electrical, heating, cooling or ventilating systems serving the Home, and then only to the extent where Defects would affect these systems). A detached garage is one which is constructed on its own foundation, separate and apart from the foundation of the Home. A breezeway, fence, utility line or similar union shall not cause a garage or outbuilding to be considered attached. 1. negligent maintenance or operation of the Home and its systems by anyone other than the Builder or its agents, employees or subcontractors. m. any portion of a Water Supply System, private or public, including volume and pressure of water flow. n. quality and potability of water. o. any portion of a Sewage Disposal System, private or public, including design. 3. Failure of the Builder to complete construction of the Home or any part of the Home on or before the Effective Date Of Warranty or damages arising from such failure. An incomplete item is not considered a Defect, although the Builder may be obligated to complete such items under separate agreements between you and the Builder. 4. Any deficiency which does not result in actual physical damage or loss to the Home. 5. Any Consequential Damages. 6. Personal property damage or bodily injury. 7. Violation of applicable Building Codes or ordinances unless such violation results in a Defect which is otherwise covered under this Limited Warranty. Under such circumstances, the obligation of the Warrantor under this Limited Warranty shall only be to repair the defective warranted portion of the Home, but not to restore or bring the Home to conform to code. 8. Any request for warranty performance submitted to the Administrator after an unreasonable delay or later than 30 days after the expiration of the applicable warranty period. 9. Warranted Defects that you repair without prior written authorization of the Administrator. 10. Any damages to, or resulting from a swimming pool whether located within or outside the Home, as a result of its construction, placement, use, equipment, maintenance, etc. 11. The removal and/or replacement of items specifically excluded from coverage under this Limited Warranty, such as personal property, items not originally installed by the Builder, such as wallpaper, where removal and replacement are required to execute a repair. 12. Any defect caused by moisture, rot, mildew, or rust, except where moisture, rot, mildew or rust is caused by a warranted item. 13. Sound transmission and sound proofing between rooms or floor levels. 14. Appliances and Equipment included in the Home are not warranted under this Limited Warranty, but may be covered by separate warranties provided by the manufacturer or supplier. These warranties are passed on to you by the Builder at closing and are separate from this Limited Warranty. F. Limitation of Liability 1. Ae Warrantor's liability and obligations are limited to the repair, replacement or the payment of the reasonable cost of repair or replacement of warranted items not to exceed an aggregate equal to the Final. Sales Price of Physical Improvements of the Home as.listed on the Registration of Warranty form or otherwise provided to the Administrator. The choice to repair, replace or make payment is the Warrantor's. 2. All other warranties, express or implied, including, but not limited to, all implied warranties of fitness, merchantability or habitability, are disclaimed and excluded to the extent allowed by law. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionlI of this Limited Warranty. Read Sectionll to determine if the following Warranty Standards apply. CATEGORY OBSERVATION ACTION REQUIRED COMMENTS 1. FOUNDATION BASEMENT 1.1 Cracks appear in No action required. The expansion/contraction control joints. joint Is placed to control cracking. This is not a deficiency. 1.2 Pit, depression or areas of unevenness in areas designed for living purposes. Builder will correct those areas in which Defect exceeds 1/4 in. within a 32 in. measurement. In rooms not initially designed as finished living areas or where a floor or a portion of a floor surface has been designed for specific drainage purposes, a slope which exceeds 114 in. within a 32 in. measurement is not a deficiency. 1.3 Cracks in poured Builder will correct any crack Shrinkage cracks are common concrete foundation which exceeds 1/8 in. in width. and should be expected. Surface walls. patching and epoxy injection are examples of acceptable repair methods. 1.4 Cracks in block or Builder will correct cracks which Some cracks are common through veneer wall. exceed 1/4 in. in width. masonry and mortar joints. Cracks 1/4 in. or less are considered routine Owner maintenance. 1.5 Leaks resulting in Builder will correct. A one-time occurrence may not actual flow or trickling indicate a Defect. Owner must of water through wall maintain proper grading around or floor, causing an the Home and maintain any surface accumulation. water control systems Installed by Builder. Dampness and condensation are normal conditions and are not covered by this Limited Warranty. 1.6 Disintegration of the Builder will correct disintegrated Disintegration caused by erosion concrete floor surface surfaces caused by improper due to salt, chemicals, implements placement of concrete. used and other factors beyond Builder's control Is not a warranted deficiency. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionIi of this Limited Warranty. Read Sectionn to determine If the following Warranty Standards apply. FOUNDATION (continued) 1.7 Cracks in concrete floor Builder will correct so Defect is Minor impressions in floor covering which rupture or signific- not readily noticeable when are not considered significant antly impair performance floor covering is in place. imperfections. offloorcovering. 1.8 Condensation on walls, No action required. Maintaining adequate ventilation and joists, support columns moisture control is considered and other components Owner maintenance. of basement area. CRAWL SPACE 1.9 Cracks in poured concrete Builder will correct any crack Surface patching and epoxy foundation walls. which exceeds 1/8 in, in width, injection are examples of acceptable repair methods. Shrinkage cracks of 118 in. or less are common and should be expected. 1.10 Cracks in block or Builder will correct cracks greater Surface patching and epoxy veneer wall. then 1/4 in. in width. injection are examples of acceptable repair methods. Shrinkage cracks of 1/4 in. or less are common and should be expected. 1.11 Inadequate ventilation. Builder will install properly sized Maintaining adequate ventilation and louvers or vents. moisture control, including seasonal adjustment of vent openings, is considered Owner maintenance. 1.12 Condensation on walls, No action required. Maintaining adequate ventilation and joists, support columns and moisture control, including seasonal other components of the adjustment of vent openings, is crawl space area. considered Owner maintenance. SLAB ON GRADE 1.13 Cracks appear in control No action required. Expansion/contraction joint is ' joints. placed to control cracking. This is not a deficiency. 1.14 Pits, depressions or areas of unevenness in areas designed for living purposes 1.15 Disintegration of concrete floor surfaces. Builder will correct areas in which In rooms not initially designed as Defect exceeds 1/4 in, within a 32 in. measurement. finished living areas or where a floor or a portion of a floor surface has been designed for specific drainage purposes, a slope which exceeds 1/4 in. within a 32 in. measurement is acceptable. Builder will correct disintegrated Disintegration caused by erosion surfaces caused by improper placement of concrete. due to salt, chemicals, implements used and other factors beyond Builders control is not a warranted deficiency. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionH of this Limited Warranty. Read SectiouR to determine if the following Warranty Standards apply. FOUNDATION (continued) 1.16 Crack in concrete floor Builder will correct so Defect is Minor impressions in floor covering which ruptures or signifi- not readily noticeable when floor are not considered significant cantly impairs covering is in place. imperfections. performance of floor covering. 2. FRAMING CEILING FLOOR ROOF WALL 1.17 Cracks in attached Builder will correct cracks which Surface patching and epoxy injections garage slab. exceed 1/4 in. in width or vertical are examples of acceptable repair displacement. methods. Shrinkage cracks are common and should be expected. 1.18 Cracks in concrete floor Builder will correct cracks which Surface patching and epoxy injections of unfinished area (no exceed 1/4 in. in width or vertical are examples of acceptable repair floor covering) or in displacement. methods. Shrinkage cracks are areas not designed for living. common and should be expected. 1.19 Cracks invisible face of Builder will correct cracks in foundation. excess of 118 in. in width. 2.1 Uneven ceiling. Builder will correct if unevenness exceeds 1/4 in. within a 32 in. measurement. Surface patching and epoxy injections are examples of acceptable repair methods. Shrinkage cracks are common and should be expected. Some minor framing imperfections should be expected. 2.2 High and low areas. Builder will correct if high or low Some minor framing imperfections areas exceed 1/4 in, within a should be expected. 32 In. measurement. 2.3 Floor squeaks. Builder will correct if caused by a A squeak-proof floor cannot be defective joist or improperly guaranteed. Lumber shrinkage as installed subfloor. well as temperature and humidity changes may cause squeaks. 2.4 Split or warped rafters or No action required. Some splitting and warping is normal trusses. and Is caused by high temperature effects on lumber. 2.5 Bow or bulge. 2.6 Out-of-plumb. Builder will correct if bow or Minor framing imperfections should be bulge exceeds 1/4 in. within 32 in. expected. horizontal or vertical measurement. Builder will correct where out-of- plumb condition exceeds 314 in. within 8 ft. vertical measurement. 2.7 Wall is out-of-square No action required. Minor framing imperfections should be expected. A wall out-of-square is not a Defect. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Limited Warranty. Read SectionII to determine if the following Warranty Standards apply. 3. EXTERIOR STRUCTURALLY 3.1 Wood twisting, warping Builder will correct only If due to Twisting, warping or splitting of wood ATTACHED WOOD or splitting improper installation. deck material is normal due to exposure DECKS to the elements. Owner maintenance is required. 3.2 Settlement Builder will correct slope of deck Some sloping is often provided to which exceeds a ratio of 2 in. in a allow for water drainage. 10 ft. measurement. 3.3 Loose railing or post. Builder will correct If due to Owner maintenance is required. improper installation. DOOR 3.4 Binds, sticks or does not Builder will correct if caused by Seasonal changes may cause doors latch. faulty workmanship or materials to expand and contract, and are usually temporary conditions. 3.5 Wood door panel No action required. Panels will shrink and expand and shrinks. may expose unfinished surfaces. 3.6 Warping Builder will correct warping which Seasonal changes may cause doors exceeds 1/4 In., measured to expand and contract, and are vertically, horizontally or usually temporary conditions. diagonally. 3.7 Split in panel. Builder will correct if split allows the entrance of elements. 3.8 Separation between door Builder will correct If daylight is and weather-stripping. visible or if entrance of elements occurs under normal conditions. Splits which do not allow the entrance of elements are considered normal. Owner maintenance is required. Even with properly installed weather stripping, some movement of the door when closed, may be expected. Owner maintenance is required for minor alterations to adjustable thresholds and other parts of the door. 3.9 Screen mesh is.tom or Builder will correct only If damage Owner is responsible for establishing damaged, is documented prior to occupancy. a pre-closing walk-through inspection list. 3.10 Overhead garage door Builder will correct garage doors Some entrance of elements can be falls to operate or allows which do not fit or operate expected and Is not considered a rain or snow to leak properly. deficiency. If Owner installs a garage through. door opener, Builder is not responsible for operation of door. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionII of this Read SectionII to determine if the following Warranty Standards apply. EXTERIOR (continued) ROOFING 3.11 Roof and roof flashing leaks. 3.12 Lifted, tom or curled shingles. 3.13 Inadequate ventilation. 3.14 Water stays in gutters. 3.15 Gutter or downspout leaks. SITE WORK 3.16 Standing water within 1 Oft. of the foundation. 3.17 Settling of ground around foundation walls, utility trenches or other filled areas where there has been excavation and backfill which affected foundation drainage. STRUCTURALLY 3.18 Settlement, heaving or ATTACHED movement. STOOP, PORCH AND PATIO 3.19 Concrete splatters on adjacent surfaces. Builder will correct If leak under normal conditions. Builder will correct if due to poor Installation. Builder will provide adequate ventilation. 7 a No action is required If leak is due to snow or ice build-up, high winds or driving rains. , is required. Moisture accumulation in attics which are not adequately vented is a deficiency. It Is Owner's responsibility to keep existing vents clear of obstructions to promote air flow. Builder will correct to limit standing Owner is responsible for keeping water depth at 1 in. gutters and downspouts clean. Builder will correct leaks at Owner is responsible for keeping connections. gutters and downspouts clean. Gutters may overflow during heavy rains. Builder will correct water which Standing water beyond the 10 ft. stands for more than 24 hours, or perimeter of the foundation is not more than 48 hours in swales. covered by this Limited Warranty. Owner is responsible for establishing and maintaining adequate ground cover. If final grading was performed by Builder, he will replace fill in excessively settled areas only once. If settlement does not exceed 6 in., it is Owner's responsibility to fill affected areas. The party responsible for establishing the final grade shall provide for positive drainage away from foundation. Owner is responsible for establishing and maintaining adequate ground cover. Builder will correct If movement Stoops, porches and patios which exceeds 1 in. from the home for are poured separately and simply stoops, porches and patios which abut the house are not covered by are structurally attached. this Limited Warranty. Builder will correct only if damage Owner is responsible for establishing is documented prior to occupancy. a pre-closing walk-through inspection list. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionU of this Limited Warranty. Read SectionII to determine If the following Warranty Standards apply. EXTERIOR (continued) WALL COVERING 3.20 Entrance of elements Builder will correct entrance of Any separations 318 in. or less are through separations of elements or separations considered routine Owner siding or trim joints, or exceeding 3/8 in. by caulking maintenance. separation between trim or other metods. and surfaces of masonry or siding. 3.21 Cracks in stucco, cement and plaster surfaces. Builder will correct affected area if due to improper workmanship or materials. Hairline cracks are common. 3.22 Siding materials deteriorate, delaminate or come loose. 3.23 Paint or stain peels or deteriorates. Builder will correct affected area if due to improper workmanship or materials. Builder will correct. If 75% of a particular wall is affected, entire wall will be corrected. Separated, loose or delaminated siding can also be due to improper maintenance. Wavy siding may be due to temperature changes and can be expected. Some fading is normal and is caused by weathering. Mildew and fungus - on siding are caused by climatic conditions and are considered routine maintenance. Varnish or lacquer will deteriorate quickly and is not covered by this Limited Warranty. 3.24 Paint splatters and smears Builder will correct only if damage Owner is responsible for establishing on other surfaces. is documented prior to occupancy. a pre-closing walk-through Inspection list. 3.25 Faulty application of paint on wall and trim surfaces. Builder will correct affected area. If greater than 75% of wall or trim piece is affected, entire surface will be corrected. Some minor imperfections such as overspray, brushmarks, etc., are common and should be expected. 3.26 Knot holes bleed through Builder will correct affected areas Knot holes will be apparent depending paint or stain. where excessive bleeding of knots on the quality of materials used. appear. 3.27 Vent or louver leaks. Builder will correct if caused by improper installation. 3.28 Cracks in masonry, veneer, Builder will correct cracks which stone, etc. exceed 1/4 in. In width. Properly installed louvers or vents may at times allow rain or snow to enter under strong wind conditions and is not a deficiency. Some cracks are common through masonry and mortar joints. Cracks 1/4 in. or less are considered routine Owner maintenance. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in Section1i of this Limited Warranty. Read Scction][1 to determine if the following Warranty Standards apply. EXTERIOR (continued) WINDOWS 3.29 Condensation or frost No action required. Condensation is relative to the quality on interior window surface. and type of windows. Temperature differences in high levels of humidity along with individual living habits will cause condensation. 4. INTERIOR DOORS 3.30 Clouding or condensation Builder will correct only if damage Owner is responsible for establishing between panes of glass. is documented prior to occupancy. a pre-closing walk-through inspection list. 3.31 Glass breakage. Builder will correct only if damage Owner is responsible for establishing is documented prior to occupancy. a pre-closing walk-through inspection list. 3.32 Excessive drafts and leaks. Builder will correct poorly fitted windows. 3.33 Difficult to open, close or lock. 4.1 Latch is loose or rattles. No action required. Builder will correct. 4.2 Binds, sticks or does not Builder will correct If due to faulty latch. workmanship and materials. 4.3 Warping Builder will correct warping which exceeds 1/4 in., measured vertically, horizontally or diagonally. Relative to the quality and type of windows, some drafts are normally noticeable around windows, especially during high winds. It may be necessary for the Owner to have storm windows installed to provide a satisfactory solution in high wind areas. All caulking materials expand and contract due to temperature variation and dissimilar materials. Maintenance of weather stripping is Owner's responsibility. Windows should open, close and -lock with reasonable pressure. Some minor movement should be expected. Seasonal changes may cause doors to expand and contract, and is usually a temporary condition. Seasonal changes may cause doors to expand and contract, and is usually a temporary condition. 4.4 Excessive opening at Builder will correct gaps in excess Gaps under doors are intended for bottom. of 1-1/2 in. between bottom of air flow. passage door and finished floor or 2 in. between bottom of closet door and finished floor. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SecdonII of this Limited Warranty. Read Secdonll to determine if the following Warranty Standards apply. INTERIOR (continued) WALLS, CEILINGS, SURFACES, FINISHES & TRIM 4.5 Rubs on carpet. 4.6 Cracks and separations in drywall, lath or plaster, nail pops. 4.7 Peeling of wallpaper 4.8 Separated seams in wallpaper. 4.9 Lumps, ridges and nail No action required. Owner should insure that surface to pops In wallboard which be covered is suitable for installation appear after Owner has of wall coverings. wall covering installed by himself or others. 4.10 Surface deficiencies in Builder will correct readily apparent Owner is responsible for establishing finished woodwork. splits, cracks, hammer marks and a pre-closing walk-through inspection exposed nail heads, only If list documented prior to occupancy. Builder will correct. Builder will correct cracks in excess of 118 in. in width. Builder will correct nail pops which have broken finished surfaces. Builder will correct if not due to Owner neglect or abuses. Builder will correct if wall surface Minor imperfections can be expected. is readily visible. Builder In not responsible if Owner installs carpet. Minor seam separations and cracks, along with other slight imperfections, are common and should be expected. Minor depressions and slight mounds at nail heads are not Defects. Builder is not responsible for wallpaper installed by Owner. Owner is responsible for maintaining adequate ventilation in areas of high humidity, such as kitchens and bathrooms. 4.11 Gaps between trim and Builder will correct gaps in excess Some separation due to lumber adjacent surfaces, and of 1/8 in. at trim joints and 1/4 in. shrinkage is normal and should be gaps at trim joints. between trim and adjacent expected. surfaces. 4.12 Cracks in ceramic grout Builder will correct cracks in Cracking of grout joints is common joints. excess of 1/8 in. one time only. and is considered routine Owner maintenance unless excessive. 4.13 Ceramic the cracks or becomes loose. Builder will correct only 9 documented prior to occupancy. Owner is responsible for establishing a pre-closing walk-through inspection list. 4.14 Cracking or deterioration of caulking. No action required. All interior caulking shrinks and deteriorates. Owner maintenance Is required. SECTION M. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SecdoaII of this Limited Warranty. Read SecdonII to determine if the following Warranty Standards apply. INTERIOR (continued) FLOOR COVERING 4.15 Wall or trim surfaces Builder will correct affected area. Some minor imperfections such as visible through paint. If greater than 75% of wall, trim , overspray, brushmarks, etc., are piece, or ceiling is affected, entire common and should be expected. surface will be corrected. 4.16 Resilient flooring comes Builder will correct. Owner maintenance is required. loose at edge. 4.17 Fades, stains or discolors. Builder will correct stains or spots Fading is not a deficiency. Owner Is only If documented prior to responsible for establishing a occupancy. pre-closing walk-through inspection list. 4.18 Premature wearing of carpet. No action required. Excessive wear in high-traffic areas such as entryways and hallways is normal. Wearability is directly related to quality of carpet. 4.19 Visible gaps at carpet seams. 4.20 Carpet becomes loose or buckles. Builder will correct gaps. Builder will correct. Seams will be apparent. Owner maintenance is required. Some stretching is normal. Owner should exercise care in moving furniture. 4.21 Gaps at seams of resilient Bullderwill correct gaps of similar Minor gaps should be expected. flooring. materials in excess of 1/8 in., and 3/16 in. where dissimilar materials abut. 4.22 Fastener pops through Builder will correct where Sharp objects such as high heels, resilient flooring. fastener has broken through table and chair legs, can cause similat floor covering. problems, and are not covered by this Limited Warranty. 4.23 Depressions or ridges in Builder will correct depressions resilient flooring at seams or ridges which exceed 1/8 in. in of sub-flooring. height or depth. 4.24 Cuts and gouges in any Builder will correct only If floor covering. documented prior to occupancy. This is determined by placing a 6 in. straight edge over ridge or depression with 3 in. on either side, and measuring height or depth at sub-flooring seam. Owner is responsible for establishing a pre-closing walk-through inspection list. SUB-FLOORING 4.25 Loose sub-flooring. Builder will correct if due to a Lumber shrinkage as well as defective joist or improper temperature and humidity changes fastening. may cause loose sub-flooring. SECTION M. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SectionIl of this Limited Warranty. Read SectionD to determine if the following Warranty Standards apply. 5. MECHANICAL ELECTRICAL HEATING & COOLING 5.1 Circuit breakers trip excessivey. 5.2 Outlets, switches or fixtures malfunction. 5.3 Condensation lines clog under normal use. 5.4 Noisy duct work. 5.5 Insufficient heating. 5.6 Insufficient cooling. Builder will correct if tripping occurs under normal usage. Builder will correct if caused by defective workmanship or materials. No action required. Builder will correct oil canning noise if caused by improper installation. Builder will correct if heating system cannot maintain a 700 Fahrenheit temperature, under normal operating and weather conditions. Temperature shall be measured at a point 5 ft. above center of floor in affected area. On extremely cold days, a 60 difference between actual inside temperature and thermostat setting is acceptable. All rooms may vary in temperature by as much as 4 degrees. Builder will correct if cooling system cannot maintain a 780 Fahrenheit temperature, under normal operating and weather conditions. Temperature shall be measured at a point 5 ft. above center of the floor In the effected room. On excessively hot days, where outside temperature exceeds 950 Fahrenheit, a difference of 170 from outside temperature will be difftcuft to maintain. All rooms may vary in temperature by as much as 4 degrees. Ground Fault Circuit Interrupters (GFCI) are intended to trip as a safety factor. Owner should exercise routine care and maintenance. Replacement of light bulbs is Owner's responsibility. Condensation lines will clog under normal conditions. Continued operation of drain line requires Owner maintenance. When metal heats and cools, ticking and cracking may occur and are not covered by this Limited Warranty. Orientation of the Home, location of rooms and location of vents will also provide a temperature differential. There may be periods when outdoor temperature fails below design temperature thereby lowering temperature in the home. Certain aspects of the Home including, but not limited to, expansive stairways, open foyers, sunrooms or cathedral ceilings may cause abnormal variation from these Standards and are not covered by this Limited Warranty. Orientation of the Home, location of rooms and location of vents will also provide a temperature differential. There may be periods when outdoor temperature rises above design temperature thereby raising temperature in the Home. Certain aspects of the. Home including but not limited to, expansive stairways, open foyers, sunrooms or cathedral ceilings may cause abnormal variation from these Standards and are not covered by this Limited Warranty. • SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in SecdonII of this Limited Warranty. Read SectionH to determine if the following Warranty Standards apply. MECHANICAL (continued) PLUMBING 5.8 Pipe freezes and bursts. Builder will correct if due to faulty Proper winterization of pipes is workmanship or materials. considered routine maintenance and Owner should maintain suitable temperatures inside the Home. 5.9 Noisy water pipe. 5.10 Plumbing fixtures, appliances and trim fittings leak or malfunction. 6. SPECIALITIES Builder will correct hammering Some noise can be expected due to noise if caused by improper flow of water and pipe expansion. Installation. This is not a defect. Builder will correct N due to faulty Owner maintenance is required. workmanship and materials. Scratches, tarnishing or marring must be noted on a pre-closing walk-through inspection list. BATHROOM & 6.1 Cabinet separates from Builder will correct separation in Some separation is normal. Caulking KITCHEN wall or ceiling. excess of 114 in. is an acceptable method of repair. 6.2 Crack in door panel. Builder will correct only if Owner is responsible for establishing documented prior to occupancy. a pre-closing walk-through inspection list. 6.3 Warping of cabinet door Builder will correct if warp exceeds Seasonal changes may cause warping or drawer front. 3/8 in. as measured from cabinet and may be a temporary condition. frame. 6.4 Doors or drawers do not Builder will correct. Owner maintenance is required. operate. 6.5 Chips, cracks, scratches Builder will correct only if Owner is responsible for establishing on countertop, cabinet documented prior to occupancy. a pre-closing walk-through inspection f ture, fitting or appliance. list. 6.6 Delamination of Builder will correct only if Owner is responsible for establishing countertop. documented prior to occupancy. a pre-closing walk-through inspection list. 6.7 Cracks or chip in fixture. Builder will correct only if Owner is responsible for establishing documented prior to occupancy. a pre-closing walk-through inspection list. 6.6 Defective fixture, fitting Builder will correct. Owner maintenance is required. or appliance. SECTION III. WARRANTY STANDARDS The following Warranty Standards are applicable only to warranted items stated in Sectional of this Limited Warranty. Read Sectionll to determine if the following Warranty Standards apply. SPECIALITIES (continued) CHIMNEY & 6.9 Exterior and Interior Builder will correct cracks in Some cracks are common in masonry FIREPLACE masonry veneer cracks. excess of 1/4 in. in width. and mortarjoints. Cracks 1/4 in. in width or less are considered Owner maintenance. INSULATION 6.10 Firebox color is changed; accumulation of residue in chimney or flue. 6.11 Chimney separates from the Home. 6.12 Smoke in living area. 6.13 Water infiltration into firebox from flue. 6.14 Firebrick or mortar joint cracks. 6.15 Air infiltration around electrical receptacles. No action is required. Owner maintenance is required. Builder will correct separation in Newly built chimneys will often incur excess of 1/2 in. within 10 ft. slight amounts of separation. Builder will correct if caused by Temporary negative draft situations improper construction or can be caused by high winds; inadequate clearance. obstructions such as tree branches too close to the chimney: the geographic location of the fireplace; or Its relationship to adjoining walls and roof. In some cases, it may be necessary to open a window to create an effective draft. Since negative draft conditions could be temporary, it Is necessary that Owner substantiate problem to Builder by constructing a fire so the condition can be observed. No action required. A certain amount of rainwater can be expected under certain conditions. No action required. Intense heat may cause cracking. No action required. Air flow around electrical boxes is normal and is not a deficiency. R*18OFFICEIW IN WO RDIWARRANM ADENDUM2.DOC Section IV. Requesting Warranty Performance A. Notice to Purchaser(s) 1. If a Defect occurs, you must notify the Builder in writing. Your request for warranty performance should clearly describe the Defect(s) in reasonable detail. 2. Request for warranty performance to the Builder will not extend applicable coverage periods. Please note that a written request for warrantyperformance must be postmarked no later than eighteen months after the Registration Warranty period B. Purchaser's Obligations 1. Your notice to the Builder must contain the following information: a. Effective Date of Warranty; b. Your name, address and phone number (including home and work numbers); c. Reasonable specific description of the warranty item(s) to be reviewed; d. Photograph(s) may be required. 2. You have an obligation to cooperate with the Builder's mediation, inspection, and investigation of your warranty request. From time to time, the Builder may request information from you regarding an alleged defect. Failure by you or your appointed representative to respond with the requested information within thirty (30) days of the of the date of the Builder's request can result in the closing of your warranty file. C. Mediation and Inspection Within thirty (30) days following the Builder's receipt of proper notice of request for warranty performance, the Builder will review and mediate your request by communicating with you, and any other individuals or entities who the Builder believes possess relevant information. If, after thirty (30) days, the Builder has not been able to successfully mediate your request, or at any earlier time when the Builder believes that the Builder and you are at an impasse, then the Builder will notify you that your request has become an Unresolved Warranty Issue. When a request for warranty performance is filed and the deficiency cannot be observed under normal conditions, it is your responsibility to substantiate that the need for warranty performance exists including any cost involved. If properly substantiated, you will be reimbursed by the Warrantor. D. Arbitration You begin the arbitration process by giving the Builder written notice of your request for arbitration of an Unresolved Warranty Issue. Within twenty (20) days after the Builder's receipt of your notice of request for arbitration, any Unresolved Warranty issue that you gave with the Warrantor shall be submitted to the American Arbitration Association or to another independent arbitration service upon which you and the Builder agree. This binding arbitration is governed by the procedures of the American Arbitration Association. If you submit a request for arbitration, you must pay the arbitration fees before the matter is submitted to the arbitration service. After arbitration, the Arbitrator shall have the power to award the cost of this fee to any party or to split it among the parties to the arbitration. The arbitration shall be conducted in accordance with this Limited Warranty and the arbitration rules and regulations to the extent that they are not in conflict with the American Arbitration Association. Within one (1) year after an arbitration award, either party may apply to the U.S. District Court where the Home is situated to confirm the award. The Builder's receipt of a written request for arbitration in appropriate form shall stop the running of any statute of limitations applicable to the matter to be arbitrated until the Arbitrator renders a decision. The decision of the Arbitrator shall be final and binding upon all parties. Since this Limited Warranty provides for mandatory binding arbitration of Unresolved Warranty Issues, if any party commences litigation in violation of this Limited Warranty, such party shall reimburse the other parties to the litigation for their costs and expenses, including attorney fees, incurred in seeking dismissal of such litigation. The Builder shall have sixty (60) days from the date of the Arbitrator's award to comply with the Arbitrator's decision. Warranty compliance will begin as soon as possible and will be completed within the sixty-day compliance period with the exception of any repair that would reasonably take more than sixty (60) days to complete, including, but not limited to, repair delayed or prolonged by inclement weather. The Builder will complete such repair or replacement as soon as possible without incurring overtime or weekend expenses. You may request a compliance arbitration within twenty (20) days after the sixty-day compliance period has expired by giving the Builder written notice of your request. You must pay the fees for the compliance arbitration prior to the matter being submitted to the arbitration service. 2. You must provide the Builder with reasonable access during normal business hours in order to perform its obligations. Failure by you to provide such access to the Builder may relieve the Builder of its obligations under this Limited Warranty. E. Conditions of Warranty Performance When your request for warranty performance is determined to be a warranted issue, the Warrantor reserves the right to repair or replace the warranted item. Upon completion of repair or replacement of a warranted Defect, the repaired or replaced warranted item will continue to be warranted by this Limited warranty for the remainder of the applicable period of coverage. • LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE COURT OF COMMON PLEAS M. BRADY, his. wife, CUMBERLAND COUNTY' cp Plaintiffs a CIVIL ACTION - LAW V. JURY TRIAL DEMANDED:-'(`_a Q COC ASSOCIATES and YOUR TOWNS BUILDERS, INC., DOCKET NO: 07-CV-712 , Defendants -- NOTICE TO THE PLAINTIFFS AND CO-DEFENDANT: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire Attorney for Defendant, Your Towne Builders, Inc. Exh. "B" • LAW OFFICES OF KATHLEEN A. WALSH Colin Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE M. BRADY, his wife, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs V. COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., CIVIL ACTION - LAW JURY TRIAL DEMANDED DOCKET NO: 07-CV-712 Defendants DEFENDANT, YOUR TOWNE BUILDINERS, INC.' S ANSWER TO PLAINTIFFS' COMPLAINT The Defendant, Your Towne Builders, Inc., by and through its counsel, C. Kelly Lydon, Esquire, of the Law Offices of Kathleen A. Walsh, responds to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 2. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 3. Admitted. 4. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this 2 paragraph and they are, therefore, denied. 5. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 6. Denied. Answering Defendant denies that the condominium referenced in this paragraph was constructed by Your Towne Builders, Inc. Answering Defendant, Your Towne Builders, Inc., contracted with George Boyer & Sons of Harrisburg, PA to perform all work with the installation of all plumbing associated with the residence. 7. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 8. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 9. Admitted. 10. (a-h) Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 11. Denied in part and admitted in part. It is denied that Answering Defendant repaired the first four leaks that were discovered prior to January 18, 2004. It is admitted that Answering Defendant repaired four leaks that were discovered prior to January 18, 2004. 12. Denied. After reasonable investigation, the Answering Defendant is without 3 sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 13. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied 14. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. WHEREFORE, Answering Defendant requests this Honorable Court to grant in their favor and against Plaintiffs, with costs. COUNTI RICHARD M. BRADY AND JEANETTE M. BRADY v. COC ASSOCIATES 15-18. Denied. The averments contained in these paragraphs of Count I refer to Co- Defendant, COC Associates. As such, the Answering Defendant is informed and believes that it need not respond to these averments. COUNT II RICHARD M. BRADY AND JEANETTE M. BRADY v. YOUR TOWNE BUILDERS. INC. 19. The averments contained in paragraphs 1-18 above are incorporated herein as if fully set forth at length. 20. Denied. The averments contained in paragraph 20 are denied as stated and denied as conclusions of law to which no response is necessary. 4 WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against the Plaintiffs, plus costs. NEW MATTER By way of further answer, Answering Defendant avers the following New Matter: 1. If Plaintiff suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties unknown to Answering Defendant and over whom the Answering Defendant has no control. WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in it s favor and against the Plaintiffs, plus costs. NEW MATTER PURSUANT TO 2252(d) AGAINST COC ASSOCIATES 2. The averments contained in Plaintiffs' Complaint as they relate to Defendant, Your Towne Builders, Inc., are incorporated herein by reference without admission or adoption. 2. Based upon the foregoing, Defendant, COC Associates, is solely liable to Plaintiffs, or is solely liable or severally liable with Answering Defendant to the Plaintiffs, or is liable over to the Answering Defendant for damages claimed by the Plaintiffs in their Complaint. WHEREFORE, Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against all parties to this action. Respectfully submitted: LAW OFFICES OF KATHLEEN A. WALSH C, C. Kelly Lydon, quire Attorney for Answering Defendant, Your Towne Builders, Inc. 5 1 VERIFICATION I, C. Kelly Lydon, Esquire, hereby verify that I represent the Defendant, Your Towne Builders, Inc., in the above referenced matter and that the statements set forth in the foregoing Answer and New Matter to Plaintiffs' complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, squire Date:^, 6 t CERTIFICATE OF SERVICE I, C. Kelly Lydon, esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter to Plaintiffs' Complaint upon the following person(s) listed below by U.S. First Class Mail on the day of 12007. 4269? Taylor P. Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 LAW OFFICES OF KATHLEEN A. WALSH J/-? elly Ly on, Esquire Attorney for Answering Defendant, Your Towne Builders, Inc. 7 CERTIFICATE OF SERVICE I, C. Kelly Lydon, esquire, hereby certify that I served a true and correct copy of the foregoing Joinder Complaint upon the following person(s) listed below by U.S. First Class Mail on the ?L 4- day of April, 2007. Taylor P. Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 LAW OFFICES OF KATHLEEN A. WALSH 6?1 C. Kelly Lydon, squire Attorney for Answering Defendant, Your Towne Builders, Inc. 6 r? O LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE COURT OF COMMON PLEAS M. BRADY, his wife, CUMBERLAND COUNTY Plaintiffs V. I CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants I I JURY TRIAL DEMANDED V. DOCKET NO: 07-CV-712 GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS, Additional Defendant NOTICE TO THE PLAINTIFFS AND CO-DEFENDANT: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED AMENDED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. LAW OFFICES OF KATHLEEN A. WALSH rx k C. Kelly L don, quire Attorney for Defendant, Your Towne Builders, Inc. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE I I COURT OF COMMON PLEAS M. BRADY, his wife, Plaintiffs CUMBERLAND COUNTY V. I I CIVIL ACTION - LAW COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants I I JURY TRIAL DEMANDED V. DOCKET NO: 07-CV-712 GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS, Additional Defendant DEFENDANT, YOUR TOWNE BUILDINERS, INC.' S ANSWER AND AMENDED TO NEW MATTER TO PLAINTIFFS' COMPLAINT The Defendant, Your Towne Builders, Inc., by and through its counsel, C. Kelly Lydon, Esquire, of the Law Offices of Kathleen A. Walsh, responds to Plaintiff's Complaint as follows: 1. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 2. Denied. After reasonable investigation, the Answering Defendant is without sufficient 2 knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 3. Admitted. 4. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 5. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 6. Denied. Answering Defendant denies that the condominium referenced in this paragraph was constructed by Your Towne Builders, Inc. Answering Defendant, Your Towne Builders, Inc., contracted with George Boyer & Sons of Harrisburg, PA to perform all work with the installation of all plumbing associated with the residence. 7. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 8. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 9. Admitted. 10. (a-h) Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in 3 this paragraph and they are, therefore, denied. 11. Denied in part and admitted in part. It is denied that Answering Defendant repaired the first four leaks that were discovered prior to January 18, 2004. It is admitted that Answering Defendant repaired four leaks that were discovered prior to January 18, 2004. 12. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 13. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. 14. Denied. After reasonable investigation, the Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and they are, therefore, denied. WHEREFORE, Answering Defendant requests this Honorable Court to grant in their favor and against Plaintiffs, with costs. COUNT I RICHARD M. BRADY AND JEANETTE M. BRADY v. COC ASSOCIATES 15-18. Denied. The averments contained in these paragraphs of Count I refer to Co- Defendant, COC Associates. As such, the Answering Defendant is informed and believes that it need not respond to these averments. 4 COUNT II RICHARD M. BRADY & JEANETTE M. BRADY v. YOUR TOWNE BUILDERS INC. 19. The averments contained in paragraphs 1-18 above are incorporated herein as if fully set forth at length. 20. Denied. The averments contained in paragraph 20 are denied as stated and denied as conclusions of law to which no response is necessary. WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against the Plaintiffs, plus costs. AMENDED NEW MATTER By way of further answer, Answering Defendant avers the following New Matter: 1. If Plaintiffs suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of third parties unknown to Answering Defendant and over whom the Answering Defendant has no control. 2. The claim of the Plaintiffs is barred by the applicable statute of limitations in that the Plaintiffs have failed to timely file suit within the applicable statute of limitations period. WHEREFORE, the Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in it s favor and against the Plaintiffs, plus costs. NEW MATTER PURSUANT TO 2252(d) AGAINST COC ASSOCIATES The averments contained in Plaintiffs' Complaint as they relate to Defendant, Your Towne Builders, Inc., are incorporated herein by reference without admission or adoption. 4. Based upon the foregoing, Defendant, COC Associates, is solely liable to Plaintiffs, or is solely liable or severally liable with Answering Defendant to the Plaintiffs, or is liable over to the Answering Defendant for damages claimed by the Plaintiffs in their Complaint. WHEREFORE, Answering Defendant, Your Towne Builders, Inc., requests that judgment be entered in its favor and against all parties to this action. Respectfully submitted: LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esq re Attorney for Answering Defendant, Your Towne Builders, Inc. 6 VERIFICATION I, C. Kelly Lydon, Esquire, hereby verify that I represent the Defendant, Your Towne Builders, Inc., in the above referenced matter and that the statements set forth in the foregoing Answer and New Matter to Plaintiffs' complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, E uire Date: l "Z1 6) 7 CERTIFICATE OF SERVICE I, C. Kelly Lydon, esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter to Plaintiffs' Complaint upon the following person(s) listed below by U.S. First Class Mail on the day o2007. Taylor P. Andrews, Esquire 78 W. Pomfret Street Carlisle, PA 17013 Robert W. Hallinger, Esquire Appel & Yost, LLP 33 North Duke Street Lancaster, Pa 17602 George D. Boyer & Sons, Inc. Mechanical Contractors 639 Antoine Street Harrisburg, PA 17110 LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire v Attorney for Answering Defendant, Your Towne Builders, Inc. c 'i1 TT - I I SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-00712 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Y BRADY JEANETTE M ET AL VS COC ASSOCIATES 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: COC ASSOCIATES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 16th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli Dep Lancaster Cc 38.93 Sheriff of Cu erland County Postage 2.94 78.87 #0-7 ?- 03/16/2007 TAYLOR ANDREWS Sworn and subscribe to before me this day of A. D. .ruin . • - ?? r SHERIFF'S OFFICE 3 H 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN 00 NOT DETACH ANY COPIES. 0 1 PLAINTIFF/S/ 2 COURT NUMBER Richard M. Brady et al 07-712 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT CDC Associates et al Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED. COC Associates 6 ADDRESS (Street or RFD, Apartment No.. City, Boro. Twp., State and ZIP Code) AT 33 North Market Street Lancaster, PA 17608 7 INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Cunberland Now, March 2 20 07 , I, SHERIFF OF M COUNTY, PA., do hereby d,?putize the Sheriff of -z?r?z County to execute this Writ4p&6 urn thereof ac to law. This deputation being made at the request and risk of the plaintiff. - .•I .r-? - SHERIFF OF id0 COU 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C nberland Please mail return of service to CLulberland County Sheriff. Thank you. 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 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, destruction or removal of any such property before sheriff's sale thereof. 8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE TAYLOR P ANDREWS ESn '?17-243-0123 2/27/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) CUMBERLAND COUNTY SHERIFF ONE COURTHOUSE SO CARLTST,F PA. 1.7013 SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15 Expiration/Hearing date or complaint as indicated above. f JACKTE MTCCTCHE 717-390-2309 { 3/5/07 I 3/25/07 16.1 hereby CERTIFY and RETURN that I ? have personally served, have legal evidence of service as shown in "Remarks", ? have executed as shown in "Remarks", the writ or complaint described on the individual, com any, corporation. etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19. 0NoService /n s c_ c+ D v T. ,m A 2 z ! /? / " P A 6 3" f c_ 7- t?0 R D ; N A a'DL Sea Rermarks Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No . City, Boro. Twp 21 Date of Service 22 Time State and Zip Code) 31816 ? 3, 3T 23. ATTEMPTS Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Dste Miles Dep. Int. Date Miles Dep. Int. 39 s ?a 24. Advance Costs R 150.00 25. Service Costs 36.54 26 Notary Cart 27 Mile geq7. N F. F 28 Total Costs 3O' • / `? 29 COs DUE OR REFUND ' 07 30. REMARKS S.T.A. 'Al. AFFIRMED and subscribed to before me this 34. day ?. b, a CY, (-r Cc I33 Dat 9 ,D ,G n... SHERIFF'S RETURN - OUT OF COUNTY lr CASE NO: 2007-00712 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRADY JEANETTE M ET AL VS COC ASSOCIATES 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'L DEFENDANT , to wit: GEORGE D BOYER & SONS INC but was unable to locate Them MECHANICAL CONTRACTORS deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within WRIT TO ADD'L DEFEN. County, Pennsylvania, to On April 11th , 2007 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answe - -'? - Docketing 18.00 -?- Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County Postage .63 72.88 ? yj/a?ta-7 4, 04/11/2007 SELECTIVE INSURANCE Sworn and subscribe to before me this day of A. D. w • In The Court of Common Pleas of Cumberland County, Pennsylvania Richard M. Brady et al VS COC Associates et al vs. George D. Boyer & Sons Inc Mechanical Contractors No. 07-712 civil Now, April 5, 2007 , I, SHERIFF OF CUMBERLAND COUNTY, PA, 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, within upon at by handing to a and made known to 20 , at o'clock M. served the copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT the contents thereof. County, PA ?eriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BRADY RICHARD M AND JEANETTE M BRADY, vs County of Dauphin GEORGE D BOYER & SONS INC Sheriff's Return No. 0520-T - - -2007 OTHER COUNTY NO. 07 712 CIVIL AND NOW:April 9, 2007 at 8:03AM served the within WRIT TO JOIN ADDITIONAL DEFENDANT upon GEORGE D BOYER & SONS INC by personally handing MECHANICAL CONTRACTORS to GEORGE BOYER 1 true attested copy(ies) of the original WRIT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at 639 ANTOINE STREET HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 9TH day of APRIL, 2007 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2010 So Answers, ?)( ez?? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$35.25 PAID BY COUNTY MILLER LAW OFFICES OF KATHLEEN A. WALSH C. Kelly Lydon, Esquire IDENTIFICATION NO. 56368 Professional Arts Building 327 North Washington Avenue, Suite 606 Scranton, PA 18503 Attorney for Defendant, Your Towne Builders, Inc. RICHARD M. BRADY and JEANETTE COURT OF COMMON P EAS M. BRADY, his wife, CUMBERLAND COUNT Plaintiffs v. CIVIL ACTION - LAW i COC ASSOCIATES and YOUR TOWNE BUILDERS, INC., Defendants JURY TRIAL DEMAND D V. DOCKET NO: 07-CV-71 GEORGE D. BOYER & SONS, INC. MECHANICAL CONTRACTORS, Additional Defendant TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED AND DISCONTINUED WITH PREJUDICE. 1 Respectfully submitted, Andrews, ?i) zu J 0 U KIM E. KEHLER, VS. Plaintiff WILLIAM H. SHOEMAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-812 Civil Term IN DIVORCE ORDER FOR ALIMONY AND NOW, this day of r C. , 2007, upon the joint motion of the parties, by their counsel, we hereby direct that the Defendant William H. Shoemaker, shall pay alimony to the Plaintiff Kim E. Kehler, as follows: 1. The amount of alimony shall be $1,000.00 per month and shall only be subject to modification upon Defendant's total disability which prevents his employment or working in any reasonable capacity. 2. The term of alimony shall commence with the final decree in divorce and shall continue until Defendant's 65th birthday, or until the death of the Defendant, the death of Plaintiff, Plaintiff's remarriage, or Plaintiff's cohabitation with another man, not her spouse, for a continuous period of sixty days or more, whichever shall first occur. 3. The alimony payments shall be made on or before the 1" day of each month and shall be paid through the Domestic Relations Office of this Court and the Pennsylvania Support Collection and Disbursement Unit. Defendant's wages shall not be attached to secure payment of the alimony pursuant to this order as long as Defendant makes the payments through a direct electronic transfer from his account to the Collection Unit, on a regular and timely basis. In the event that Defendant's payments are ten (10) or more days late on any two or more occasions, however, Defendant's wages shall be attached to effect the prompt and timely payment of the alimony pursuant to this Order. 4. Payments made by Defendant to Plaintiff pursuant to this Order shall be treated by both parties, for income tax purposes, as alimony. 4 ll? 5. We will retain jurisdiction of this matter to administer and enforce the provisions of this Order. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 Marlin R. McCaleb, Esquire (Attorney for Defendant) P.O. Box 230, Mechanicsburg, PA 17055 BY THE COURT, 0 Z •Z Wd I Z J-30 LODZ AdViQ; ti? i0dd 3x i 30 30UK D143 Ile- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF 1 _ . y PENNA. KIM E. KEHLER, Plaintiff VERSUS WILLIAM H. SHOEMAKER, Defendant No. DECREE IN DIVORCE 2007-812 CIVIL TERM zoos AND NOW, J)C - Ll IT IS ORDERED AND KIM E. KEHLER DECREED THAT AND WILLIAM H. SHOEMAKER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: ATTE T: U J. PROTHONOTARY _-7 W M