HomeMy WebLinkAbout01-2183 FX
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WHEATLAND CUSTOM HOMES, INC,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANlA
v.
CIVIL ACTION - LAW
LARRY JACKSON AND DEBORAH
JACKSON,
Defendant
NO 01 - .;)1J':3
G~~l'-r~
NOnCE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within Twenty (20) days after this Complaint and
Notice are served by entering a written appearance personally or by attorney and filing in writing
with 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
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Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede
entrar una .orden contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es
pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos
importantes para usted.
LLEVE EST A DEMANDA A UN ABODAGO INMEDIAT AMENTE. SI NO TIENE
ABOGADO 0 SI NO IlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VA Y A EN PERSONA 0 LLAME POR IELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUNENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR
ASISIENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, P A 17013
(717) 249-3166
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v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANlA
CIVIL ACTION - LAW
NO 0 1- ':2.1 V C!.wd 1-LtAM-
WHEATLAND CUSTOM HOMES, INC,
Plaintiff
LARRY JACKSON AND DEBORAH
JACKSON,
Defendant
COMPLAINT
AND NOW COMES the plaintiff, Wheatland Custom Homes, Inc., through its attorneys,
Adler & Adler, and respectfully represents the following:
1. Plaintiff, Wheatland Custom Homes, Inc, is a Pennsylvania corporation with a principal
place ofbllsiness located at 447 Granite Run Drive, Lancaster, PA 17601.
2. Defendants are adult individuals with a principal residence located at 6202 Crofton Court,
Mechanicsburg, PA 17050.
3. In February of 2000, plaintiff and defendants entered into a Building Agreement
(hereinafter "Building Agreement") in which plaintiff agreed to build a home for defendants for a base
price of$176,905.00. A copy of said agreement is attached hereto as Exhibit "A."
4. The home is located at the present address of defendants listed above.
5. The home was substantially completed by plaintiff on or about October 27, 2000.
6. Defendants moved into the home on or about October 28,2000.
7. Defendants had not paid plaintiff $84,797.00 as of the time they moved into the home in
violation ofthe Building Agreement.
8. Pursuant to Paragraph 4.0. of the Building Agreement, payment in full was due upon
occupancy ofthe premises by defendants.
9. Pursuant to paragraph 4.F. of the Building Agreement, late charges amount to interest on
the unpaid balance in the amount of 15% compounded monthly.
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10. $84,797.00 remained unpaid as of the time defendants moved into the home.
11. In violation of paragraph 5.B. of the Building Agreement, the Owner took possession of
the home without paying the full contract sum.
12. On November 8, 2000, plaintiff was paid $68,234.00 by defendants, 11 days after it was
due.
13. Late charges on this balance due accrued at $34.85 per day for 11 days amounts to
$383.85.
14. On November 8, 2000, in order to try to avoid a lawsuit and work with defendants,
although not required by the Building Agreement, plaintiff entered into an Escrow Agreement
(hereinafter "Escrow Agreement") attached hereto as Exhibit "B."
15. At the time the Escrow Agreement was entered into, William L. Adler, Esquire, was
holding $13,655.00 in escrow pursuant to that Agreement.
16. The Lender is holding $5,250.00 for $2,342.00 worth of work.
17. Plaintiff has repeatedly gone to the home to attempt to complete the punch list items as
provided for in the Escrow Agreement.
18. Defendants are now refusing to permit plaintiff to complete the punch list items.
19. Only minor items remain to be done on the punch list in the Escrow Agreement.
20. Defendants have refused to release any funds from escrow to plaintiffbut for $2,000.00.
21. On February 2,2001, a letter dated February 1, 2001 was sent by plaintiffs counsel to
defendants requesting that an inspector be hired pursuant to the Escrow Agreement.
22. Defendants have refused and continue to refuse to permit an independent inspector to
come to the property to review the workmanship of plaintiff and the completion of the punch list
items set forth in the escrow agreement.
23. Defendants continue to come up with additional items not covered in the Escrow
Agreement but which may be warranty items.
24. Defendants have breached the Building Agreement by not paying the contract price in
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full at the time of taking possession.
25. Late charges are due under the Building Agreement in the amount of at least $383.85.
26. Defendants have breached the Escrow Agreement by refusing to release any additional
funds pursuant to the agreement.
27. Defendants have breached the Escrow Agreement by refusing to permit plaintiff to finish
the items in the Escrow Agreement and by refusing to permit an independent inspector to review the
work of plaintiff.
28. Defendants owe plaintiff $383.85 in addition to late charges at the rate of$5.61 per day
beginning February 5, 2001, pursuant to the Building Agreement, on the outstanding balance being
held in escrow.
29. Defendants owe plaintiff $11 ,65 5.00 held in escrow by William L. Adler and $2,908.00
of the $5,250.00 being held in escrow by Lender representing the balance remaining due under the
Building Agreement and Escrow Agreement.
WHEREFORE, plaintiffs demand judgment against defendants in the amount of$14 ,947.00,
together with any damages suffered as a result of the signs being placed on the lawn of defednants,
together with interest and costs of suit which amount requested requires reference to compulsory
arbitration.
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William L. Adler, Esquire
ADLER & ADLER
P.O. Box 11933
125 Locust St.
Harrisburg, PA 17108
717-234-3289
Supreme Court ill Number 39844
April 6, 2001
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VERIFICATION
I VERIFY THAT THE STATEJ\1ENTS MADE IN THE FOREGOING PLEADING
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEJ\1ENTS HEREIN ARE
MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.SA Section 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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WHEATLAND CUSTOM HOJ\1ES, INC,
by Rick Martin, President
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BUILDING AGREEMENT
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J. Parties. THIS AGREEMENT, is made this _ day of February, 2000 by a d between
WHEATLAND CUSTOM HOMES, INC., a Pennsylvania Corporation, having its p 'ncipal place of
business at 447 Granite Run Drive, Lancaster, PA, 17601 ("Builder") and Larry and D borah Jackson,
having an address of 5007 Inverness Drive, Mechanicsburg, Pa, ] 7055 ("Owner"), Bu Ider's telephone
717-560-3400 and Owner's telephone: 717-737-3754 residence; 717-_- wor .
2. Premises, Owner represents and warrants to Builder that Owner has an unen umbered fee
simple title to certain real property located at Lot 302, Dove Ridge, Cumberland Count, Pennsylvania,
which property ("Premises") is more fully described in Owner's deed and the physic I boundaries of
which have been pointed out to the Builder by Owner. The Owner further represents a d warrants that
the various easements, deed restrictions, statutes and ordinances applicable to the Pre . ses permit the
Premises to be used for residential purposes and further permits the house ("House) contemplated
herein to be constructed on the Premises at the location as depicted on the Plot Plan (alt ched).
3. YiQrk. The Builder agrees to provide all labor, materials, tools and equipmen necessary to
construct the House on the Premises in accordance with the Plans and the Specifications dated 21
February, 2000, as mutually agreed upon and identified by the parties, and w ieh Plans and
Specifications are made a part of this Agreement. In the event of a conflict between t e Plans and the
Specifications, the contents of the Specifications shal! control and prevail.
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4, Q9ntract Sum,
A. Amount. Owner shall pay Builder for all labor, materials, tools, equi ment and
services rendered or which may be required to be rendered pursuant to the Plans and S ecifications the
sum of One Hundred Seventy-Six Thousand Nine Hundred Five Dollars ($176,905. 0) ("Contract
Sum"),
B. Manner ofPaYlJ1ent of the Contract Sum. The Owner shall pay the C Olract Sum to
the Builder as follows:
1. At the time of the signing of this Agreement $ 0
II. Progress payments in the amounts and at the time
enumerated in attached Draw Schedule.
Ill. Final payment, representing the full unpaid portion
of the Contract Sum, and all Changes, credits,
extras and costs over Allowances shall be due
,
and payable at the time of substantial completion
and prior to occupancy by the Owner,
C. PrOlzress Pllvments. Payments shall be due and payable upon receipt fthe billing
from the Builder, Any payment not received by Builder within two (2) weeks shall be considered late
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and be subject to Late Charges as specified in Section 4,F herein.
D. Final Pavment. Final payment constituting the entire unpaid balance the Contract
Sum shall be paid to the Builder at the time of substantial completion of the work For he purposes of
this Agreement the term "substantial completion" means the date on which the Hous is sufficiently
complete in accordance with the Plans and the Specifications to permit occupancy by the Owner
without unre8$onable inconvenience. The issuance of an Occupancy Permit by the 10 al municipality
wherein the Premises are located shall constitute conclusive proof that substantial com letion has been
achieved. In the event that Owner occupies the House prior to Builder's notificlltio of substantilll
completion, Owner hereby agrees to be responsible for any required municipal occupa permits, and
also Ilgrees to pay to the Builder the entire unpaid balance of the Contract Sum upon oc pancy,
E. Financing. This Agreement is contingent upon Owner obtaining finan ing, upon such
terms and conditions as are satisfactory to Owner, and if such financing is not obtaine by the Owners
on or before 1 April 2000, Owner agrees to extend this date by sixty (60) days and ther agrees to
authorize Builder to obtain such ,(inancing as a reputable mortgage banking institution uld qualij)r the
Owner for. In any event, at any time after the financing date specified herein, Builde , t its sole and
exclusive discretion, may tenninate this Agreement.
F. Late Charges. Any payments not received by the Builder at the times pecified herein
this Section 4 shall bear interest at the rate of fifteen percent (15%) per annum, compou ded monthly.
5, Completion.Occuoancy,
A Commencement. Completion. The Builder shall begin work on or ab ut 10 April
2000 and shall proceecl with Builder's scheduling in a prompt and diligent manner until I completion,
Substantial Completion shall be on or about 30 August, 2000. However, the Completi n date may be
extended if Builder's progress is delayed by Owner initiated Changes, Concealed Co itions, strikes,
non delivery of materials, or acts of God. In the event the Completion date is exten cd by Builder,
Builder shall notifY the Owner in writing of the new Completion date within seven (7) d ys of the event
that caused the delay, or a minimum of30 days prior to the Completion date herein.
B. PQssession. The Owner shall take possession of the House within ten 10) days of
notification by the Builder to the Owner that the House is substantially complete a after the full
Contract Sum has been paid to the Builder. Upon notification of substantial completio by the Builder,
the Owner will make an inspection of the House with the Builder. Should there any items of
construction which according to the Plans and Specifications are unfinished, such ite s will be noted
and the Builder will agree to complete them prior to delivery of the House. If any ork can not be
comJ?leted at this time because of weather conditions or other circumstances beyond uilder's control
and an escrow is required by the lending institution, the totlll unpaid amount of the Contract Sum,
extras, credits and Changes shall be deposited in the escrow account, such account t be held by the
lending institution or Builder's legal council, the amount to be held in escrow shall be e ual to Builder's
cost to perform the incomplete work and shall be released upon Builder's notificatio to the escrow
account holder that such work is completed. At such time the work is completed, 0 r shall arrange
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for Builder to be paid within ten (10) days, and if not so paid, Owner agrees to pay B ilder interest of
fifteen per cent (15 %) per armum compounded monthly on the unpaid amount.
6. Plans and Specifications. The Owner acknowledges that they have examined d approved
the Plans and the Specifications, incorporated herein by reference and has initialed uch Plans and
Specifications to evidence the Owner's acceptance of such Plans and Specifications. Th Owner further
aCknowledges that the Builder has explained the Plans and Specifications to Owner's full satisfaction,
7. Chllnge~. Owner may order changes in the Work consisting of additions, dele ions or
modifications to the Plans and Specifications. In the event of such changes, the Contr t Sum and the
time of substantial completion shall be adjusted pursuant to the terms contained herein. All changes in
the Work shall be authorized only by written change orders signed by both the Owner nd the Builder.
All such changes, including changes to the Contract Sum and/or the time of substantial . mpletion, may
be changed only by change order effectuated in accordance with the procedures enumer ed herein.
8. Selections, The Builder will provide the Owner with a list enumerating the va 'ous selections
to be made by the Owner. The Owner will make aU such selections according to the dat s on the list. If
the Builder has not received the Owner's selections by the dates on the list, Owner agr s to extend the
date for substantial completion accordingly.
9. Insulation, Pennsylvania Act 222 of 1980 sets minim.um standards of insulati for new
construction. The Owner hereby acknowledges that the Owner has revised the Plans an Specificlltions
and the Owner has satisfied themselves, of the extent to which the Plans and SpecifiCIl ions are or are
not in conformity to the standards and the Owner hereby releases and discharges the B i1der from any
responsibility, costs, suit or expense resulting from the Plans and/or Specifications b ng in variance
with the standards, it being understood thllt the Plans and Specifications represent th design of the
House desired by the Owner and Owner waives unequivocally all remedies available t the Owner for
the failure to meet the standards imposed by the aforesaid Act 222 or similar legislation.
10, Radon. Builder makes no warranties, express or implied as to the specific fa on level to be
found in the House, Owner hereby releases, quit claims and forever discharges B ilder. Builder's
agents, Builder's employees and subcontractors and any officer or partner or anyone them and any
person, finn or corporation, who may be liable by or through them for any and all c 'ms, losses or
demands, including personal injuries and aU of the consequences thereof, whether no know or not.
which may arise from the presence of radon in any room or portion of the House which the subject of
this Agreement.
11. ~. Builder shall not be held responsible for, and is hereby released from
liability, expense and consequential damages which may result by reason of any delay in
to inclement wellther, fire, storm. of other casualty, strikes, shortages of materials, dela
materials, walkouts or other labor disputesafi'ecting Builder or Builder's suppliers of
I loss,
ompletion due
in dfillivery of
teoal or labor,
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delay in issuance of permits, acts of war, emergency proclamations, sewer moratorium, governmental
regulations or matters outside of Builder's control, irre6pective of the cause, time an extent of such
delay or any other lIct6 or circumstances beyond the control of Builder whatsoever, her similar or
dissimilar to the foregoing, In the event of such delay, Builder may extend the dat of substantial
completion until such time as substantial completion of the House may be complete.
12. Warranty.
A, Builder's Warrantv. Providing the Owner meets the provisions of this Agreement
and subject to the limitations hereinafter set forth, Builder expressly warrants, in Ii of any other
wllrranties or representations, express or implied, that it will correct any material defect in the heating,
plumbing, air conditioning, electric roofing or major structural systems of the House. hat the Owner
shall, by written notice to the Builder, call to the Builder's attention within twelve (12 months of the
date of substantial completion, provided that such defects do not result in whole r in part from
alterations or other acts performed other than by Builder, acts of God or other cau es not directly
attributable to the Builder.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF L OTHER
WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY W TIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR HABITAB ITY AND IN
NO EVENT SHALL THE BUILDER BE LIABLE FOR CONSEQUENTI DAMAGES,
BUILDER GIVES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESP CT TO THE
EXISTENCE OF LEVELS OF RADON GAS OR RADON DAUGHTERS OR OTHER
INDOOR AIR POLLlITANTS.
B, Exclusions from Builder's Warranty. Specifically and without limitati n, no warranty
is given with respect to the following:
i, Any appliance, component equipment or the like for which the
thereof issues a separate warranty, except as to Builder's workmanship with respect to t
the equipment. Builder shall assign to Owner to the extent assignable all guarantee
extended by the manufacturer with respect to the equipment.
ii. All work completed by the owner shall not be covered under t
warranty nor shall builder or his subcontractors be held responsible for any liability that
said work
anufacturer
installation of
of warranties
builder's
ay result from
Hi. Any matters other than those expressly listed in subsection 12, hereof,
relating to the construction of the House, including without limitation, any of the followi g:
a. Nail pops, seam ridges and shrinkage in dry wall, lumbe , trim, doors,
millwork and wood floor. Owner hereby acknowledges that Owner understands d agrees that
shrinkage and the results thereof is not an indication of poor workmanship or defectiv materials and
Owner understa.nds and agrees that the repairs therefor are maintenance items and, therefore, the
responsibility of the Owner.
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b. Settling of the House (unless such settling shall cauSe st ctural
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damage), the presence or absence of earth in and around the foundation, utility trenc s or any other
excavated areaS and filled areas on the Premises,
c. Cracking, falling away, dripping or discoloration or im
grout, plaster or stucco, provided Builder will regrout cracks exceeding one quart
foundation or basement walls.
d. Shrinking or warping of doors less than three eighth (3 8) inches.
e. Color variations in fixtures, appliances, stained wood, t Ie, brick,
rfections in
(1/4) inch in
mortar or stucco.
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f Quantity or quality of the growth of grass. It is the res onsibilityof
the Owner to water, fertilize and reseed as necessary, Any soil washouts from rain r melting snow
from the date ofsubstantial completion are the responsibility of the Owner.
g. Absence of dampness or water in the basement, except hat if during
the period of one year from the date of substantial completion, the basement of the House shall be
flooded by reason of free running surface water from outside the House, Builder will un ertake to make
such repair to the House as shall be reasonably necessary to prevent a reoccurrence f such flooding
during that period from that cause, provided that this provision sh!\11 not apply to floodi g which results
from (a) a change of the grading or in the foundation plllntings around the House n caused by the
Builder (b) flood conditions, cloud bursts, flash floods, unusually long freezing spells with snow and
subsequent quick thawing or similar wet conditions or (c) any cause that is not d e to faulty or
defective construction. As a condition of Builder's obligation hereunder, Owner agrees to maintain the
grade of lot finished by Builder, to maintain and keep clean the gutlers, down spouts an splash blocks.
Owner further agrees not to build any stone, concrete or other garden edging, brick, st ne or concrete
terrace or retaining wall,or any,other structure on the Premises which will pocket wat r or in any way
change Builder's grading'or block the natural flow of water in any particular way,
h. Any defect or problem in the House, or the Premises
cause or effect, not brought to the attention of the Builder by written notice receiv
within twelve (12) months of the date of substantial completion.
D. Water System.
i. If Builder is to install service laterals connecting the House wat r system to a
public system, Builder agrees to do such connection in a workman like manner, su h as meets the
municipal specifications. Builder gives no warranty, express or implied, as to the s dency of the
amount, pressure or the purity of water available at the Premises.
E, Limitation of Builder's Liability. Owner agrees that Builder shall not e responsible
or liable for any damage to mechanical equipment, personal property of any other materi Is stored in the
bnsement or elsewhere in the House resulting from any of the foregoing conditions, it bing understood
that the maximum liability of Builder under this warranty shall be the replacement r repair of the
defective portion of the House. In no event shall the Builder be liable for special consequential
damages or personal injuries arising from any breach of this warranty or of this Agre men!. Builder
shall have the sole right to determine whether the defect shall be corrected by repair r replacement.
ardJess of
by the Builder
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The warranty shall not apply to the defective portion of the House that has been subj t to misuse or
damage by accident or has not been afforded reasonable care.
13. Insurance. Builder will procure and keep in effect worker's compensation a
liability insurances in sufficient sums and with reliable carriers and will, upon request of
certification of such coverage.
Owner agrees to maintain during the progress of the Work and at all times prior full payment
to the Builder at Owners cost an all risk builders risk insurance policy, includin extended and
vandalism coverage in an amou!1t of not less than the Contract Sum. Owner will deli er to Builder a
copy of said policy before construction begins. Builder and Owner shall be named as sured, as their
interests may appear, on all such policies, It is understood that the Owner bears the ,omplete risk of
loss due to fire, storm or other casualty including vandalism. As a result the Owne shall be solely
responsible in the event any loss is not covered by insurance or if the amount of i surance is not
adequate to fully cover all of the costs resulting from any such loss including the cos of demolition,
removal and reconstruction.
general
wner, provide
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14, Construction Site, The Work in every respect from the time of the signing this
Agreement, to the final acceptance, shall be under the charge of the Builder, Owner hereby
acknowledges that the Owner is aware that the Premises, during the progress of the Wo k, constitutes a
dangerous area. Any visits by the Owner or his representative or agent to the Pre ises during the
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progress of the Work shall be done at the Owner's sole risk and the Owner agrees to h Id harmless and
indemnify the Builder from any loss, expense (including attorney's fees), suit or cause 0 action resulting
from any damage or injury, personal injury of death suffered by the Owner, Owner's gents, invitees,
licensees, guests or employees. Owner shall not in any event during the progress of the ork disturb or
directly contact any of Builder's subcontractors or employees but shall direct all c munication to
Builder's designated representative,
15, Siin, Builder shall have the right to place upon the Premises Builder's sign oting Builder's
presence on the Premises, Such sign shall be removed at the time the Owner certifies he achievement
of substantial completion.
16, Arbitration. All claims, disputes and other matters in question between the wner and the
Builder arising out of or relating to this Agreement of the breach thereof shall be decid d by arbitration
in accordance with the Construction Industry Arbitration Rules of the American Arbitr ion Association
then obtaining unless the parties mutually agree otherwise.
17, Assignment This Agreement may not be assigned by the Builder or the 0 er without the
ex.press written consent of the other. Notwithstanding the preceding, this Agreement shall be binding
upon the respective heirs, executors, administrators and successors (to the axte t assignable in
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accordance with the terms contained herein). This Agreement is to be construed in ace rdance with the
'- Jaws of the Commonwealth of Pennsylvania.
18. Work Stoppage Builder shall have no obligation to commence Work prior to Owners
payment of the Deposit to the :Suilder in accordance with subsection 4.B hereof, Bu der's receipt of
evidence satisfactory to Builder of financing for the Home in accordance with sub see ion 4.E hereof.
and Builder's receipt of all permits necessary to commence construction,
Builder may discontinue the performance of the Work at any time if (a) any pro ess payments
are not received when due pursuant to attached Draw Schedule or (b) a Builder initiate change order is
not approved by the Owner within five (5) days of Owner's receipt of such a change ord r.
Any payment not received by the Builder by the date due according to the terms ontained
herein shall bear interest at the rate of fifteen percent (15%) per annum compoun d monthly. If
Builder either fails to commence or discontinues the Work for any of the foregoing rea ons, the date of
substantial completion shall be extended accordingly.
19. Default. If either the Owner or Builder defaults in the performance of their bligations
hereunder, in addition to the remedies set forth in Section 18 hereof. the aggrieved p rty may pursue
any remedy available at law or in equity.
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20. Mis((ellaneous,
A. Waiver. Xf in any situation the Builder waives the strict performance ccording to the
terms contained herein, such waiver shall apply to that instance only and shall not e deemed as a
continuing waiver nor shall it prohibit the Builder from requiring strict performance in ccordance with
this Agreement at all times thereafter.
B. Caolions. The captions of the sections noted herein are used for con enience only,
and such captions do not in any manner alter, modity, restrict and/or expand the provisi ns contained in
any given section,
C. Amendments. This Agreement may not be modified or amended exe pt in writing
signed by both of the parties hereto or by a duly authorized change order appwved in ccordance with
the terms contained herein.
D. Notices. All notices required herein shall be sent by regular mail, an shall
be deemed received by the addressee two (2) days after mailing. All notices shall be se t to the Builder
and the Owner at the addresses noted in Section 1 hereof
E Exhibits, The Following Exhibits are attached hereto and made a pa hereof:'
Site plan depicting location of the House
Plans and Specifications
Draw Schedule
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IN WITNESS WHEREOF, the Owner has set hislher hand and seal this
day of ebruary, 2000.
WITNESS:
OWNER:
IN WITNESS WHEREOF, Builder hereby approves this Agreement this _ day of Fe ruary, 2000.
ATTEST:
ATL CUSTOM HOME . INC.
lUCK MARTIN, PRESIDENT
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05/07/~?g4 07:c~
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I)JHEATLAf'~D CUSTOM I-lC'M
PAGE H3
. '
WHEA TLAND CUSTOM HOMES
~
DRAW SCHEDlJLE
Owner;
Contract Amount: $176,90
DRAW
AMOUNT
DESCRIPUON
#1 20%
Oue upon completion offoundation
and subfloors
3-4
#2 25%
Due upon completion of structural
framing, i,e,. weather dry roof
#3 )5%
Due upon installation of mechllJ1ical
rough ins, insulation, and drywall
10-1 weeks
#4 20%
Due upon substantial completion or
occupancy, whichever first occurs
'~
NOTES
Change orders mUSl be signed prior to making any changes. Payment for any ch nge
orders not required at time of the change shall be due per the same terms and co itions
as final payment.
Allowances are not adjusted until final payment,
First draw includes credit for the Deposit paid under Section 4.B,
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OWNER
ATLAND CUSTOM HOMES, INC,
RICK MARTIN, PRESIDENT
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OWNER
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85/07/1550 07:01
71 7 558 3d05.
W1E"'TUiN!) CUSTOM HOM
30.0ct.2000
COST SHEET
LARFlY AND DEB JACKSON
FEB. 1 PRICING
$169.400
500
1,000
1,000
250
LARGER DECK
GARAGE ATTIC ROUGH IN
GARAGE ATTIC DORMERS
GARAGE ATTIC HEAT ROUGH IN
FEB. 19 PRICING
ADP ONE GARAGE GABLE WINDOW
MASTER BED WINDOW \IS. GARAGE DOOR
6' WHIRLPOOL
.TRIM AND DRYWALL GARAGE ATTIC
. (PAINT AND FLOOR BY OWNER)
BRICK STOOP
BRICK ON STONE DUST WALK
ADD 3 FIRST FLOOR WINDOWS
GARAGE DOOR OpENEFlS
CONTRACT AMOUNT
APRIL 1 ADOS
285
o
200
3.100
240
o
930
INCLUDED
JUNE 1 ADDS
GARAGE SHED DORMER vs. FRONT DORMERS
FINISHING OORMER INTERIOR
ADD !'OWDER ROOM WINDOW
DINING ROOM BAY
GARAGE HEAVIER STEEL vs. COLUMN
ADD GARAGE WINDOW
ADD LAUNDRY WINDOW
ADD BONUS ROOM WALK IN CLOSET
LAUNDRY CHANGE
DELETE ANGl..E BAY. ADD TRIPLE WINpOW
GARAGE FLOOR DRAINS.
UNDERGROUND DOWNSPOUTS FlEAR
REDMWPLANS FOR LOT 305
9' vs. S' BASEMENT WALLS
5' ADDITIONAL SET BACK
WATER SOFTNER (@ MY COST)
BYPASS LINES FOR SINK, EXTERIOR
GAS RANGE AND DRYER HOOK UPS
aACKFIl..L DECK POSTS WI STONES
(970)
200
275
500
500
o
849
65
o
o
1,400
1,600
310
1,280
125
JUNe; n ADDS
310
310
300
o
Jl)LY 5
JULY 21
REVERSE HOUSE. DEEPER GA.RAGE WALLS
.. . EXTRA GRADING
UNDERGROUND DOWNSPOUTS, FRONT
UNFINISHED FRONT DORMERS
EXTEND GAMGE: ATTIC DORMER
;100
850
o
300
1!50
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PAGE 11
$1 6,905
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TIMBERI..lNE MAPLE CABINETS, CATHEDRAL
SWANSTONE KITCHEN SINK SAND FAUCET
APPLIANCES BY OWNER
ELECTRICAL ADDS:
4 CEILING FAN R I's
2 DORMER RECEPTS, SWITCH
2 od MASTER BED PHONE
3 TV OUTLE.TS
- I FRONT PORCH LIGHT OUTLET
UPGRADED KITCHEN HARDWARE
DINING ROOM CROWN MOLD
BONUS ROOM FLOORING
BONUS ROOM PAINTING
FLOORING
LIGHT FIXTURES ALLOWANCE
RECESSED
YALE
l;l.'1H!~j:" I u..).r'HJ LU':;:l1 UM HUM
200
75
40
120
~
1,000
400
m
MIRRORS, SHELVING
KITCHEN SINK FAUCET BY OWNER
SMALLER DECK
LARBOR TO INSTALL 2 CLOSET DOOR SWITCHS
CHANGE FIREPLACE MANTLE
TOTAL HOUSE COST
NOTES;
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450
230
(1,200)
410
105
N/C
m?
?m
o
~70
24
(200)
(500)
60
~
$185,508
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NOV. -08' 00 (Wi:DJ 15:00
ADLER & CLARAVAL
TEL: 71 i 2341670
. .
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ESCROW AGREEMENT
Tills ag;reement is entered illto this B'h day ofNovembor, 2000, between Larry Jackson and
Deborah Jackson, his wife (hereinafter known as "Buyers") and Wheatlalld Custom Homes, Inc.
(hereinafter known as "Seller")
WHEREAS, Buyers and Builder entered il!to a construction contract for Lot 302. Dove Ridge,
Cumberland County. PA, for Builder to construe! a home for Buyers in February of2000; and
WHEREAS, Buyers are ceady to complete settlement and convert the construction loan to
permanent ilnaneing; aru:I
WHEREAS. some items in the home need to be repaired or touched up; and
WHEREAS, the parties to this agreement have agreed to have William L. Adler hold funds in
e:ICCOW until said work is completed.
NOW THEREFORE, intending to be legally bound hereby, the parties agree as tallows:
1. Mortgagee shall hold $5,250.00 until the seeding and driveway lite completed in the
spring of2001, at which time these funds will be released to Builder upon completion of
grading and seeding.
2. William L. Adler, Esquire, shall hold $13,655.00 in escrow which shall be released to
B~ilder pursuant to the schedule set forth in the punch jist agreement of this date
3. A final punch list has been established as of November 8, 2000, by Buyers Thiti wilt be
the finallisl governIng tbi, escrow. Warranty items will still be honored by Builder, but
funds will not be held in escrow for those items.
4. Builder will be given the opportunity to perform the work betare having an inspector
review it. In the event that Builder considers that the required work on the punch list has
been completed. Buyers may examine the work relative to the completed items and if
satisfied with the work, may issue a written waiver of inspection by an inspector chosen in
connection with plltagraph 5 herein, as to anyone of the three phases ot'work. The
written waiver shall authorize releale of the pertinent draw then due. The Lise by Buyers
of one or more of such waivers, shall not prejudice Buyer's full righn to exercise the
procedures sel forth ill this AgreemenL
5. Certification that these items have been completed in accordance with acceptable
residential huilding standards in the industry ill this area shall be certified by a building
inspector mutually agreod upon by Builder and Buyers if Builder and Buyers have not
agreed otherwise as set farth in pil!agraph 4 No conferences or contact may be had with
s..id inspector unless all parties are included ill said conversations. Tills l1laY require tWO
01' three inspections, which cost will be shared equally between Buyers and Builder,
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ADLSR & CLARAVAL
TEL:7!7 2341670
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Unles. the il1!ipel.tor determines that the work ofBuilcler to be performed docs not meel
acceptable building standards in this area, the work will be acceptable and the escrows
paid to Builder in accordance with the above.
6. The inspector will be the final arbitrator a& to the acceptability of the work of Builder. ff
he or she signs off on certain work. or determines that work requested i 5 above and
beyond acceptable builcling standards lIS set forth above, and this is communicated in
writing to William 1. Adler, the funds as set forth above may be released by William L
Adler \0 Builder
7 All work required under this agreement, but for seeding and driveway. will be completed
by Builder within 45 days from the date of this agreement subject \0 availability of
materials. In the event it is not completed by that dllte aubject to availability or materials.
and the panies cannot agree on what remaining items must be repaired or replaced, either
party may tlle suit in the Court of Common Plea fCumberland County to have this
matter determined.
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Richard 1. Martin, President, Wheatland Custom
Homes, Inc.
Witness:
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Larry 1 acksc#'
V'!);it '^ t\ C{oJ~
Deborah lackson
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William 1-. Adler, Escrow Agent
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REVISED PUNCH LIST AGREEMENT
NOW COME Larry and Deborah Jackson~ hereinafter referred to as "
Buyers" and Wheatland Builders by and through Rick Martin hereinafter referred
to as "Builder" agree as follows:
Builder agrees to repair, restore and install all ofthe following listed items
to the full satisfaction of Buyers. No draw will be released by Buyers until
Builder signs this agreement. When Builder signs this Agreement, a draw in the
amount of$ 58,500 will be authorized to be released and the balance remaining of
the $77,405 check from Vartran Bank for the construction loan pay-off shall be
placed in Attorney William Adler's Attorney's Escrow Account. Buyers will pay
Builder $9,734.00.
Builder will pay the additional one-quarter point or $549 due to the
mortgagee as an increase in points from the necessity of having to extend the
completion and closing of this home sale beyond the November 3 expiration of the
financing commitment prior to the "Re-Lock" approved by Roslyn National
Mortgage.
Builder assures Buyers that he has reviewed this "punch list" and that he
agrees to repair, restore and install all ofthe following listed items to the full
satisfaction of Buyers unless the parties cannot agree on a particular item, in
which case an independent inspection is required under this agreement and the
accompanying Escrow Agreement.
Buyers agree that once closing is held Buyers will completely move into
the house and set up all their rooms. Builder will have the responsibility to
communicate their schedules to Buyers and Buyers will do every thing they can
to accommodate the workers (Clearing rooms, moving furniture, etc.)
The phrase "full satisfaction" shall mean Buyer's acceptance of work to be
done to correct all defects whether structural or cosmetic that may exist at
6202 Crofton Court, Mechanicsburg, P A (Lot 305, Dove Ridge). These
defects include all those items more particularly set forth in this agreement
and that certain Escrow Agreement sothat Buyers accept the work as
complete with the understanding that this is a new house and items that are
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not right, or repaired will be fully corrected. Items installed should not only
be new but look new. This is not to be deemed to be the refurbishing of an
did house; all repairs and subsequent damage to the adjacent areas must be
Gorrected properly in keeping with the Punch List herein. Due to the price
of the home being purchased from Builder, it is understood that the
workmanship shall be restored to quality standards befitting a home in this
price range. In the event Builder is aware of additional defects not
specified herein, such as any stmctural defect in the garage wall, as an
example, or should he become aware of such a defect, he agrees to fully
repair the defect so that it is permanently corrected.
FINAL PUNCH LIST
The following items must be corrected to the Buyer's satisfaction
prior to release ofthe funds to be escrowed by William Adler. Items 1, 22 and
33 on the "Punch List Agreement" are to be fully performed to Buyer's
satisfaction prior to the release of the first $5000 of the Escrow. Items 2,8,9, 11,
13, 14, 15, 16, 17, 18, 19,20,21,24,25,26,28,29,36,37 and 38 on the "Punch
List Agreement" are to be fully performed to Buyer's satisfaction prior to the
release ofthe second $5000 and items 3, 4, 10, 12,34,35, and 40 on the "Punch
List Agreement" are to be fully performed to Buyer's satisfaction prior to release
of the third $3655 draw set forth in the Escrow Agreement for an escrow by
Attorney William Adler.
Builder agrees to supply Buyers with a new costs sheet so that
adjustments can be made between the Buyers and the Builder prior to remaining
draws.
1. The bowed or concave wall in the garage will be straightened by
replacement of studs or other structural repair. All 4 x 8 OSB wall boards
should be removed versus cutting them out, to allow a more effective and even
replacement ofthese boards resulting in a straighter appearing wall.
2. Painting: Buyer will use post it notes to mark areas which have not
yet been painted properly, supplied by the builder. Additionally, there
many trim pieces that are cracked at the finger joints or elsewhere. Also, the
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. touch up paint does not appear to match the original paint color in certain areas,
especially in the master bedroom. The stair railihg is to be touched up.
3. Unless otherwise agreed due to weather conditions, prior to March 30, 2001,
per our verbal discussion, the sidewalk is to be repaired. However, the concrete
should have used concrete from an actual load. It appears to be a concrete patch
product of inferior quality (bondex). The repair is not level with the surrounding
surface and is not completely covering the area knocked out. Additionally, it is of
different color and consistency of the poured walk. Per our verbal conversation if
this does not make it through the winter, the entire area will be replaced.
4. The curb will be corrected as we discussed with an expansion joint
installed. Builder will correct the gap of significant size at the other expansion
joint.
5. This item was stricken per the verbal discussion on November 8, 2000.
6. This item was stricken, due to being covered by the mortgagee's escrow, this
Agreement and the parties' Escrow Agreement.
7. This item was stricken per the verbal discussion on November 8, 2000.
8. Various strike/guide plates are to be installed on the doors indicated
on our walk-through with the attorneys including the master double door
and the rear garage doors where the sliding locks go into the doorjambs.
9. The pop-up drains used in the whirlpool and the kid's bath need to be
replaced. Reaching through 18 inches of water to release a drain seems
inappropriate. A mechanical drain should be installed in these areas, befitting a
house ofthis caliber. Builder is requesting a new tub from Aqua Glass and on the
new tub the drain will be switched to a mechanical drain plug as requested by
Buyer. Builder confirms that Aqua Glass should have no problem replacing the
tub without charge to Buyers. The kids' bath drains will not be replaced if this
requires removing the tub or wall finish.
10. The window handle for the master bath casement window is missing, and
has been for some time. Please replace with the identical match.
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11. There are still a few holes in the garage drywall as a result of the
first garage pad being taken out. Per our con"ersation we paid for a
garage that was to have drywall installed and semi-ready for paint (semi-ready
should mean final sanding and touch-up).
12. Secure floor areas which have creaks especially in the dinette area. ( Other
areas of concern are in, but not limited too the dinette area, area by the thermostat,
about 10 feet in front of the fireplace, between the living room and dinette, the
stairs, and the upper hallway, and the bonus room floor in several locations, the
largest in the small area where the roof slants). These need to be identified and
repaired properly. Builder will use his best efforts.
i3 f2r /:J/'opo5cd puncJ, / /j + O:r;t,'Ecr ve,)./- reC(!#//4~",L.JIMs,
14. The trim by the basement walkout doors that was damaged by the soil
application was not fixed but trimmed off and then replaced with a jointer
piece. The whole piece needs replaced.
15. These is an excess amount of putty/sealant on the sidelight right of
the front door on the lower left-hand comer. These need to be trimmed and
painted properly.
16. The brick headers above the windows have not been painted and weather
sealed. The widows also do have chalking around them.
17. The interior window latches are to be made uniform so that every
window looks the same.
18. Parts that need to be replaced: Additionally, there are many seals,
window handles, and other pieces (screens) the need to be installed.
Per the window manufacture they verbally informed and E-mailed me
the correct way they should operate. Also, we need to address the problem
of the windows that do not line up with each other. Also the painter need to
re-install the window insulation they removed for painting purposes.
19. The water pipes on the water softener appear used. They are very, very
dirty. Builder will clean the water pipes.
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20. Correct the BIG DING on the front door steps. This is located on
the first step, on the left-hand side, near the end. Additionally, the
ding that was there from day one is still not corrected, on the forth step as
shown during our walk-through.
21. The foyer window needs work. Someone did not repair the marks left
when the window ledge was used to support a board for the worker to use.
Additionally the drywall around the bottom of the windows needs work.
22. Install the Glass door in the shower.
23. This item was stricken per the verbal discussion on November 8,2000.
24. The drywall repairs under the phone jack and electrical box are in
need of professional drywall work. They are both convex (sticking out) and
are poorly painted. These needs repaired so the wall is straight looks
good when compared to the back splash lines.
25. Correct the seal on the rear entry door. All area of the seal should
compress around the door evenly.
26. Clean the mud on the basement floor.
27. The Builder removed this item regarding leveling the water connector to the
water meter.
28. Level the kitchen counters and the bathroom counters.
29. Correct the gutters which had many holes in the support band and other
areas.
30. We had the whole house water softened - therefore the $65 change is
not applicable.
31. Builder will ensure that no copies of these exterior door keys should
exist anywhere else, but with the homeowners.
32. We paid for light bulbs with each fixture. but, we are missing the
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rear porch light, one front porch light.
33. The HV AC return panning under the leak in the powder room is was
totally wet and I have removed it and proper replacement by stapling to
the joist and under the conditioned airflow duct.
34. Builder will level the whirlpool tub. All damage incurred around
during the repair job is expected to be repaired to a level fitting a new
home.
35. There is a bleach stain in the hallway. This section of carpeting will be
replaced.
36. Clean up paint overspray at the front and rear doors.
37. Fix the garage floor errors.
38. Install a kick plate missing from the right hand side of the desk area
in the kitchen.
39. Doors that stick will be corrected. The rest of this item was stricken per the
verbal discussion on November 8, 2000. Painter will donate the paint for Buyer
to paint the unpainted surfaces on the doors.
40. The white, unmatching mortar in the bricks on the front of the home shall be
made a uniform shade or color with the rest of the brick mortar if this can be done
at reasonable expense to Builder and will result in a better product.
In the event grading, seeding and driveway for the home cannot be
completed by March 30, 2001 due to weather conditions and Roslyn National
Mortgage chooses to release its $5,250 Escrow for these items, the parties agree
that the mortgagee's escrow fund shall then be held in escrow by Attorney
William Adler pending completion and approval of these items by Buyers.
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Builder certifies that he has read this list and this agreement and that he
agrees that each ofthese listed items will be fully repaired, restored and corrected
as befits the home of the caliber intended by the pricing and location of this home
subject to e conditions 0 the Escrow Agreement.
Dated:
1/
BY.
Wheatland Homes Rick Martin
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Larry Jackson, Buyer
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Deborah Jackson, Buyer
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SHERIFF'S RETURN - REGULAR
..
CASE NO: 2001-02183 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHEATLAND CUSTOM HOMES INC
VS
JACKSON LARRY ET AL
BRIAN M. BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
JACKSON LARRY
the
DEFENDANT
, at 1943:00 HOURS, on the 19th day of April
, 2001
at 6202 CROFTON COURT
MECHANICSBURG, PA 17050
by handing to
LARRY JACKSON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.44
.00
10.00
.00
35.44
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R. Thomas Kline
Sworn and Subscribed to before
04/20/2001
W'LL"M ADLER k~
By: !MiJfII~
. Deputy Sheriff
me this ot~-f~ day of
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02183 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WHEATLAND CUSTOM HOMES INC
VS
JACKSON LARRY ET AL
BRIAN M. BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
JACKSON DEBORAH
the
DEFENDANT
, at 1943:00 HOURS, on the 19th day of April
2001
at 6202 CROFTON COURT
MECHANICSBURG, PA 17050
by handing to
DEBORAH JACKSON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
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R. Thomas Kline
Sworn and Subscribed to before
me this dl01~ day of
f A.D.
04/20/2001
W'LL'AM L. ADLER ~
By: ~f)1.
Deputy Sheriff
Proth no
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WHEATLAND CUSTOM HOMES, INC,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYL VANIA
v.
CIVIL ACTION - LAW
LARRY JACKSON AND DEBORAH
JACKSON,
Defendant
NO: 01-2183
PRAECIPE
Dear Prothonotary:
Please mark the above case settled and discontinued with prejudice.
Thank you.
;,~~~,~~
ADLER & ADLER
P.O. Box 11933
125 Locust 51.
Harrisburg, PA 17108
717-234-3289
Supreme Court ill Number 39844
October 25, 2001
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