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Home My WebLink About03-2442 QUALITY BUILDERS WARRANTY CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. OJ -~t.j'-/'J.... ~o~L'-r~ CIVIL ACTION PRESIDENTIAL HILLS, LLC, MATHEW R WILSON AKA RICK WILSON, INDIVIDUALL Y Defendants PRAECIPE FOR ENTRY OF JUDGMENT BY CONFESSION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the authority contained in the warrant of Attorney, a copy of which is attached to the complaint filed in this action, I appear to the Defendants, Presidential Hills, LLC, and Mathew R Wilson AKA Rick Wilson and confess judgment in favor of the Plaintiff, Quality Builders Warranty Corporation and against the Defendants, Presidential Hills, LLC, and Mathew R Wilson AKA Rick Wilson as follows: (Principal) Sum Attorney's Fees Total: $25,000 $ 3.500 $28,500 Said judgment is authorized and taken in accordance with Pa. RC.P. 2951 (b) and Pa. R C. P. 2953. By' ~ - - A. GILL, ESQUIRE Attorney ID # 41532 325 North Second Street W ormleysburg, PAl 7043 Attorney for Plaintiff Quality Builders Warranty Corporation Date: 5.-;2'J--cJ> QUALITY BUILDERS WARRANTY CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. PRESIDENTIAL HILLS, LLC, MATHEW R WILSON AKA RICK WILSON, INDIVIDUALLY DOCKET NO. CIVIL ACTION Defendants COMPLAINT CONFESSION OF JUDGMENT AND NOW, this 23 day of May, 2003, comes the Plaintiff, Quality Builders Warranty Corporation, by and through its Attorney, John A. Gill, Esquire, and files the within Complaint pursuant to Pa. RC.P. 2951 (b) - (c), Pa. RC.P. 2952, Pa. RC.P. 2953 and Pa. RC.P. 2955, judgment by confession, and avers in support hereofthe following: 1. Plaintiff is Quality Builders Warranty Corporation (Quality Builders), a Pennsylvania corporation with its principal place of business located at 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 2. Defendant Presidential Hills, LLC is a New Jersey corporation with its principal place of business located at 2 Madison Avenue, Pennington, New Jersey 08534. 3. Defendant Mathew R Wilson AKA Rick Wilson is an adult individual who resides at 1332 Moon Drive, Yardley, PA 19067. 4. Attached hereto and marked as Exhibit A, is a true and correct copy of the instrument duly executed by Defendants that contains the warrant of Attorney to confess judgment. 5. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. I . , , '1 . . . , . EXHIBIT A ~~_-~~-~ULL _~.W~ <..:.!l.-.n~... ' 0i......I. 10-.1./':"1-, =1 -,n:':r':",rI1~' '(~ AGREEMENT made this ---1 i day of between QUALITY BUILDERS WARRANTY CORP and PIi~. · -.nITJ"AL HILL, I.LC BU' ~o C""O ,.c. herein referred to as "OBW," 2 ~oi<<ll1 Avawe, Permi.ngtan, MJ AQore"ll 08534 Stale 2itl herein referred 10 as "Builder:' SeCTION A. MEMBERSHIP AND TeRM: 1. QaW administers a program Whereby home builders registered with QBW enroli homes they construct in the program and purchasers of those homes are protected by a Warranty against certain specified detects. 2. In order to develop and maintain a good reputatJon for providing protection to purchasers of well-built homes. aaw pro19C~S and p~omotes irs good-will by careful seleerion of builders to participate in its warranty program. 3. 8uilder desires to participate in OSW's warranty program and, to that end. agrees to abide by the proviSions of this Agreement and to conform its behavior to the standards expressed herein and in the Wmited Warranty Agreemerlt. SuUder warrants that all infonnatlon supplied to QBW in connection with its application Is true ana correot 4. All ~egistration fees (initial and annuai rescreening) are sat by QBW at its discretion and are non.refundable. 5. QBW, upon eXlcuting thIS Agreement, has accepted Builder as a member ot its warranty program, subject to the Builder's continuing performance of its obligation under this Agreement. 6. Builder's membership shall commence on the date of Execution by QSW and shall continue until terminated by either party in accordance with the terms of this agreement. aaw reserves the right to rescreen Builder annually. If QBW determines that Builder does not meet its approval standards upon rescreening then aBW may terminate Builder;s membership and the provisIons of Section B. paragraph 6, shall be in effect SeCTION B. HOME ENROLLMENT: 1. Requirements. As part ot its participation in caws warranty program, Subject to Q8W's acceptance, Builder agrees to enroll in the program every home, BuilClar. BUilde(s Principals, Or any entity under Builder's, or BUiUter's PrincipaJs common camrol: constructs in any state in which 08W operates and agrees to pay all fees l'equa:ed' by caw Fn the enrallment P1X1C:eSS. wl=Jidl fees shall be non-refundabie. 2. ProcedQfes. 8uil'der agrees 10 enroll its homes aCCOrding to Procedures established by Qaw. Builc!ef may enroil homes currently unoer const-ucrion and homes completed but not sold or. occupied (as of the cate of this Agreement or the oate of reacceptance following a period at SUsp-Emsiol'1l or non-gartic{patiar.l~ provided' that enrollment is made within 45 days of exe- cution of this Agreement or reacceptance, and oaw has inspected and approved the home. Homes whiCh remain in a Suik1er's inventory longer than 18 months must be enrolled by the end of the 19th month from construction Start date to qualJfy for enrollment The warranty will be issued to the Builder and the unexpired portion of lhe warranty will automatically transfer to the purchaser. When enrolling other than a detached Single family dwelling, Builder shall enroll eaCtl individual unit of any multiunit dwelling such as but not limited to duplexes, townhouses and condominium$. Far each home enrolled. tMe Builaer shall pay a warranty fae as determined by aBW within the time periOds estab- lished by oew. All warranty fees are non-refundable. A minimum warranty 1e9 of $100.00 shall apply. QaW will provide Suilder with a copy of the Limited Warranty Agreement and Enrollment form. Bui/Q'ir and (Jurchaser must complete and sign ttle enrOllment FOrm at closing, and Builder agrees to fumish oaw with a copy of the signed Enrollment form within ten (10) days of closing. Builder agrees not to charge the purchaser directly for the coet of the enroll- ment fee. A home wiil not be considered enrolled until oaw rec.ives and approves the fully executed and completed Enrollment Form. payment of all fees, and an approved final inspection. 3. Reservation of Power at !=Ieview. QBW reserves the right to reject any home submitted for enrollment in the program rf (a) the Builder is not a member in good standing; (b) the home is not constl'tlcted in accordance with the Warranty Standards or building codes specified in the Umited Warranty Agreement; (c) the Builder did not obS&l'\Ie the enrollment procedures; (d) misstates or misrep/"(lsents any information; (e) in any way falls to comply with the 1enns of this Agreement. 4. Assignmen1 of Rights. If a purchaser files a Complaint pursuant to the limited Warranty Agreement which the Builder fails to correct, the Builder hereby a$$igns to aaw or its insurer, as the case may be. any rights which Builder may have against a supplier, manufacturer, subcontractor or other pel'!on for work performed or materials suppffed in Connection with that claim. Builder agrees to COOperate fully with aaW and to provide CBW with all information whicn it requests pertaining ,c the claim. If Builder fails to So Cooperate, Builder agrees to Compensate and indemnify oaw for any damages sustained by such lack of COOperation. 5. Breach and Remedy. If Builder fails to enroll any eligible home as required by this Agreement, QSW may seek specific enforcement or other aporoprlate relief in legal or equitable proceedings, even if this Agreement has been terminated. _._--~-"--_.._~-,~~....,",.., JUN-28-00 05:4~ HM PRESIDENrlHL , I tJl::J-7 i ~ I o......~_ c-.v JUN-19-2aae lS:e3 QU~LITY BUILDERS ~RRANTY 717 737 4~88. P ~/~ t-ul'tnermore. r;;aUIIUtfl lS"ll:Ia~ .v "'ua"" '" 1 w"W ,........ . ._." ...__ __ Co . gc "'.. suffer as a resulf Of Builo'r's breach 01 this Agreement arid such losses and costs snail include reasonable attorney's lees and expert witness fees, Builder h~reby irrevocably authoriU8 and empowers any attomey or sny coun of record of Pennsylvania or eisewtlere to appear tor and contes! judgment against 6uUder 10r all a.mounts for which Builder may become lIacle to oaw ror :he brllcn of this Agreement, as evidenced by an affidavit signed by an otticar of oaw set1lng 1anh tn. amounts the" due. plus attorney's fee! incurred by oaw. with costs of suit and reles!e ot errors. Such authority snail not be exhausted by anyone e:llercise thereof but judgment may be confessed S! aforesaid Irom time !o rime as otten as there is a d.fault. Remedies stated herein are .lectlve and not exclusive and OBW may elect to proceed under this or any other ~ara. graph in ttlf! Agreement. 8. $uapensicm or Termination. oaw may terminate, or at its option. suspend 8lJilder'S participation in OBW's Warr8I1r>/ Program. Or anv entity or indIvidual whIch BUilder Is affiliated. if OSW determines that Builder nes done aMY of the IOllow- Ing. which shall b. deemed a breach ot this Agreement. (a) laila to ccm~ly rully with an provISions ot this Agreement: (b) fIlls to perlorm any of Its obligations under this Agreement, including, bur not limited to, cooperati"g in the operation of me program's Informai dispute resolution and arcitration ~rocedure: (e) faill to rescond to OSW'! notice of a homeowner's complaint: (d) lalls to comply with a decision wnlCI'\ Is renaerecl pUrsuant to complaint procedures: (e) lails to provide adequate uauranC9 10 caw with," len (' 0) days after II receives a writt.n request rrom caw for sucn u!urance that (within a reaaonable tlmetable istaDlished or aporoved ~V OSW) It is willing and able 10 cooperate In dispute settlement and to perlorm the Obligations under any decisIon which is rendered pursuant to suel'l procedures; (f) falls to otherwise cooperate In the operatIon ot the caw Program in accordance with the rules and regulation, ot the oaw Program: (g) rails to provide timely proof of compliance with thill Agreement. as and wMon raQueSfed. by caw; (t'I) rails to comply Wit" caw Warranty Standards and building coaes as ststed in the l.imlted Warrarny Agreement: (i) rails to comply with the enrollment procedures establiaheCl by caw; Q) fails to provide proof that enrOlled homll halle been !uCiected to requJrl~d inspections; (k) fails to respond to purchaser com~faints in a timely manner and as provided in rhe limited Warranry Agreement; (I) falls to perlorm Its obllgallon$ with professional competllnce or conduCt its operations trom a position 01 flnanclal stren~lh and stability; . (m) lails to notify OSW within 30 days ot a cl'lange in ownership, company name or com~8ny standIng, flnancial condition. or ot any other mati rial fact which might affect Bulld.r's ability to meet It3 obligatIons under this Agreement: ,n) tailll to meet ethical standards In Its cealings with CUSiomer6; or (0) m~statli6 or misrepresents any informatIon In connection witn Its application or in the rescreening "rocess. CBW reseNes the optIon to r,I",tate terminated affiliates Of the primary, terminated Builder If aaw deterTTUMS :tIat the terminated Suilder or its princi~ll! are not In a positlon to control the affiliated 6ullder. Termination ot Builder by oaw shall nat affect the rights or obligations of any of 'the parties to thl8 Agreement Wllh respect to the Warlanty Program i/"l dlct at the date of termrnatlon, subject to the proVisions pertaining to voidaOlllty. If Q Builder il suspended or terminated. he shall not represent himsel1 to be a member of the CSW Warranty Program nor off.r the oaw Warranty and shall not use its Logo or refer to the program In any way nor attempt to enroll any home. The auildtr shall immediately notify any Buyer currently under c:ontract to purchase a home of the suspension or termlna. tlon and that tne OSW Warranty F'rogram i'las been withdrawn. Upon rlClUtst. Builder s"elllmmediateiy return to caw ad materIals suppll.d by OSW and all material making re1erence to OBW. Should Builder 1ail to tlke these stlPS, it shaH indem- r'liry and hold harmleSI QSW and the Insurer against any and 1/1 expenses Incurred and IcaMs suffered. inClUding but no! limited to attorney fees. by lithc!r of them B! a result. In addition. aullder shall pay interest to caw at the rate of 18% per annum on all sums due to oaw ner.under It Buch sums are not paid within 30 days of d.mand by caw. BuilrJer may termInate tnls Agre.ment upon 30 dlys advanc:e written nolice to OBW. If 10 terminated by BUilder or by QBW, BUilder's obligations under thi, Agreement s"all continue as to those homes enrolled during the period in which ll1is Agreement wa. In effect. 7. Notice. If aew possesses a reasonable beliet that raeon exists to terminate or suspend II BUilder for violation of tMis Agreement, OBW may immediately terminate or suspend the Builder by providing it with written notice. If CSW electa to sus. pend the 8ullder, such suspension will remain In effect until Builder Mal! cured all defQcts to oaw's satisfaction. however, caw r...rves the ng"t to terminate any suspended Builder. 8. Voidablllty. caw reSGrves Ihe right to void any enrollment it Buildsr mIsstates or misrepresents any Intormation in It6 a~pli. cation or In the rescre.ning prClC:~SS or mj5s~ate! or miSrepresents any information In the enrollment of a particular home or ra!ls. to pay any te.s dlJl! (or enrollment of any ~8rtlcul3r home or fails to forward an enrollment fonn 'or a particular nome Within 10 days as reCluired. or tails to enroll all units Qt a multi unit building. SECTION C. aUILOER'S OBL1GATIONS: ,. Const~ctlcn Obllg..tiona. FolloWil'lg are t/1e 8uildar's obligations with respect to Q8W's Warranty Program: (al BUIlder $nall con~:rUct an homes In conformity with the Warranty Slandards provided in the LimIted Warrilnty Agreement. II:IrllAJ"",,. I" -,...""'f""""'.......lft, \a.I'~ ...____..._14 ~..tl...:__ __..J__ __. _......_... _.__~_.__ ..._._"-'1_............ ,...,..,., __.... '_ _u__... __ ..... ....__:_ '-'~ JUN-28-00 0~:42 ~M PR~~lD~Nl .H~ , I c.:;.,W _' -'.....;... -.t-,-,_ . .~r JUN-19~2aa0 15:02 QUALITY BUILDERS ~ARRANTY 717 737 4288 ~.a7~09 lnl.'tj YI ~VI'::'\lU"i..UII \ii' ~I.t~ 'WII''''''._ ......1.. --.. ... w . . menta o~ other means 0' prOlectlon with respect to any homes constructed by BUilder whlcn Q8W detemMls to be "High RIsks." . . (hI Builder agrees to have a/l homss l"lcected, IS ~equlred cy CSW, and to pay all tees for the Ins!:ltctlcn and to provide evidence of In~p.ctlon as and when r'Cluired by OBW. caw shall provide inspectors or shall approve govemmtt'ltil Inspectors. (e) oaw lIhall have tl'le right to perform scot InspectIons to verrfy S\,lilder's compliance wllh Ihls Agreement ana BUilder t;re.s to cooperate. . (d) rl'le Builder agrees to Indemnify and hold harmless OBW and/or its Insurer for Iiny losses or damages caw artd/or Its Insurer may surfer as I resull of the use ot lire reta.rdant treated plywood on any bl.lilding enrolled undtr :"e OSW Ten Y..r Warranty Program. Thul will inClude all claIms and Ilacillty for losses, damag86 ana .)Cpenees which Q8W .ndlor its Insurer may SUltaln. incur, payor be liable for by means of any investIgation settlement or lillgatlon 01 any claim or actIon which may be raised, made or brought due to the pot'nUal defects caused or likeiy to be caused by use oj :h8 suo/ecl plywood, (e) If th. Builder Is in10rmed by aew thlll it Is building In an area de6ignated as one with active 8011 conoitions. tne Builder agrees to oblaln such soils invesUgatlons and reports as may bt reQuired by Caw. If ~uch reports indicate 4 nled tor special found.lion design the Builder agrees 10 construe: the foundation according to the design of a r8~ISlered prolu- sional engineer to take into account tl'l. conditions alsclosed oy the soil last!. 2. Warranty Obllgationa. Builder I~rees 10 perform all oOJigationa anlln; from this Agreement and the ~imlted Warrat'll'y Agreement. The Builder shill al its own expense perform all Qbli~atlon8 as Sit lorin In the caw Warranty Program and this Agreement which includes meeting the warranty standards upon notice :rom t/'19 Purchaser Without th. ".cessity ot aaw Intervention. Curing years one .nd two under the OBW Warranty Program, I' the Builder fails or refus., 10 oerform its obligations in accordance with the Limited Warranty Agr.ement or this Agreem.nt, cew will p.n'orm the Builder', Obligations. however, the Builder agr..s to reimburse caw and/or Insurer for all expenses Incurred in performing !heir obligations. including but not limited to, cost of materials. cost of collection, labor, archlt.ct's fees. englne.nng tees and counsel fees. caw ana/or Insur.r r..eI'Ve all rights of subrogatJon. Quting years three through t." under 1M aew Warranty Program. oaw will perform its obligations with reS;)QCt [0 major Itructural defects IS set toM and defined in the limited Warranty Agreement Without the right ot subrogation agalns! the Builder provided that the detect, or symptOmS ot thE subsequent occurrence of ~ha d.fle:. first arose after lh. expira- tion of two years under the.OaW Warranty Program In ,"ect tor that home. and that Builder did l'lOt anempt to conceal or cosmetrcally repair the detect or symptoms at the sub..~u.nt occurrence of a defect and that the d.fec: d086 not an~' from 8uilCler'a failure to conltruct the home to ac~lIcabl6 oaw sfandards or adhere to Bulfder's responsibiliti.5 under the Builder Agreement. If the Sullder repairs a major structural defect during year! one or two, caw must be nQtlfled. Once notified. Q8W wlll perform a eompll~nc8 inspection, 3. Builder is authorized to advlrtise its memoership In the aaw Warranty I'rogram and to use its ~o\jo In its business, pro. vlded thet any reference to aaw or its Insurer, whether contractual or advertIsing COl'y, be approved by caw In wntmg In advance of its use. seCTION D. INFORMAL DISPUTe PROCEDURE: 1, Buila.r .Mould be aware that the L.imit.d Warranty Agreement providlS for an Informal dlsQute settlement and aroitration procedure to resolve complaints by purc:has.1'I under the Umited Warranty Agreement. Builder $hQuld become familiar with the s.ttl.m.nt procedures In order to be aware of Its tights and responsibilitill. Builder agrees to CCloperate fully In ltl. pro- cedure and to be bound by and to comply with any decillon at an Independent third party, or arbitrator. If th. Build.r fills to perform Its Obligations hereunder in a timely and workmanlike mBl'lner, such flill.lre shall be co.,- side red to be a refusal to perform governed by paragraph C.2 hereof. 2. The Builder agrees to pay all fets charged in connection with the informal dispute settlement and arbitration procedurts. SEcnON E. TERMS GOVERNINQ OPERATION AND INTERPRETATION: 1. Sullder agrees to perform its obligaciona under this Agreement In a timely manner, However, time provided for performance of obligations hereunder shall be 11Ittend.d by Ivents not subJlct to control by the person obllQated to perform. Such events ,nelud~ acts of God. or the public enemy, or riot. civil commotion, or governmental eondu~. 2. DeSerll'tlv$ headIngs as to the contents of particular provisions ot this Agreemenr are Intended for conveni.nce onlY ar.d an; not to be considered in construing this instrument. 3. in.is Aoreemtnt ~hall ,not constitute or be considered an iglncy, .mployer-employee relationship, jOint venture or f;lartn,r. ship between the part,", None 0' t"e Pll'li... nQr any of their employees or agents, shaH have the luthOr1ty to bind or oblig- ate the ott\er party except 81 provided by this Agreement. 4. S~ould any provisions 01 this Agreem.nt be determined by a court of competent jurisciction to be unenforceabl., that deler- mlnatlon wIll not affect the valIdity ot the remaining proviSions. JUL...-~W-':':'WUL 1.'). ~~i~ ,..;.~UI''- 1 j I 1.:'L. iL,;,..::.:-:=. !..')Mr:\.Hj'~J I . I 1 I ''-' j .........:...:,.= . t...'_' , · 5. This Agreement shall be inter ~d and enforced in aCCordance with the law~ the CommOnWealth of Pennsyivania. All suits inStituted UnOer this Ag!'8bt/lenl shall be brought in Pennsylvania in a court of competent :urisdiction. Builder hereoy consents to the personal juri~iction of the Pennsylvania courts. 6. Builder shall not assign tI'IJS Agreement without the prior wr.tten consent of OBW, 7, This Agreement shall inure to the benefit of and be binding upon the heirs, executors. administrators, assignee, and suc- cessors of the representative parties. 8. This instrument. and security documents and documents referred to Or incorporated herein by reference, contain the enth1 agreement between the parties, and no statement. promises. or inducements made by either party or agent of either party thaT is not contained in this written contract shall be valid or binding; and this contract may not be enlarged. rr.odified, or altered except in writing signed by the parties and endorsed hereon. 9. Failure of either pany to insist upon compliance witr. any provision of this Agreement shall not constitute a waiver of thaI provision _ 10. All notices required hereur.der must be in writing and sent by certjfied mail, POStage prepaid. retum receipt request9d. to the recipient at the respective address shown below. or to whatever address the party may designate in writing. ' 1. The effective date of this Agreement shall be the date of execution by Claw. QUAUTY BUILDEns WARRANTY CORPORATION Sy .;/{ &0 c-LI/V Date of eJ[8CutJon by Q8W: Builder', Registration No.: July 24, 2000 1OS03 DATE p,pM"-r.IAI. BILL, LLC BUILDER: 7-18-00 (Name Clt Builder. I'I...e prim or type) By see below ~$lln.tu,. 01 Aul/lgrfzlld "aprnellCltive _ Tille) (PIa. prlllt nalnllfttlle ot BlIlCutar) .2 lW"i-"<ln Avenue. Pem1:Inngt:an, RJ 08534 (Acldress) lDEMNIFJCA liON TIll: llNDE~GNED, im~ding to be l<sally bound, iointly and _ly do hereby ag,e. to indemni1j! and save banal... Quality Build.., Wtlmlnty C<>rpc>ronon _ any and aU actlons, claim, demand,_ liabililV or 10," \>Auit~" tltat may rasul' fro?, PllESlDENnAL ~L, LLCS l!Iell1bership in' Quality Builders W~ Corp~l1on, I O-~ Lmntcd Wanamy Pl'Ogr>m including. but 00t limited '0 actions, claims, demands, liability or 10'" cIt may result fitnn the executIOn and de/ivay of lb. within Builder ~ or ~ENTiAL HILI. LL.' IlOD--p~ of its dutias or obIi ions !he,-eunder, wlJich includes any liabiJity for IIQy Build'; pa;st, presem and future. SPOUSE DATE eK SON L33t.- ~ffi - ~dJa, HOME ADDRESS 7 (;IjW FaRM 050 1 VIlli Copyrigtl111188 QuaUty Builders Warranty Corporrdlon TOTAL ;::-.03 . . N (:) -~ 'i (;;:j ~ ~ ~~ ..cq, ~ .....0 () ~ 1 E 0 0 0.) -Tl <: -- ---I i'f ii,.. -0 'i,.:P ~~,.~ rnrr-: -< r j.~ -' Z"') N ~,._, ~:'_: z " S? "'..;;. L..> .) .....r..,; ~ (~) ~ :P- .-' -r 'J;:t-~-' ::s: :~ ~~5 Z-~, )>C' ,....., ;: ~-~. rTl C -" '-' -..-\ 2.: :..> ,j;; --4 -< \D :< QUALITY BUILDERS WARRANTY CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. OJ-J."l{~ ~~{~~ CIVIL ACTION ./ PRESIDENTIAL HILLS, LLC, MATHEW R. WILSON AKA RICK WILSON, INDIVIDUALL Y Defendants To PRESIDENTIAL HILLS. LLC. Defendant You are hereby notified that on May 23, 2003 judgment by confession was entered against you in the sum of $ 28,500 in the ~ve captiog. DATE: f/~(/~ ~~-h,J ~~ I Prothonotary ~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 I hereby certify that the following is the address of the defendant (s) stated in the certificate of residence. PRESIDENTIAL HILLS, LLC 2 MADISON AVENUE PENNINGTON. NJ 08534 A PRESIDENTIAL HILLS. LLC, Demando (s) DCBA-300 Rule 11.5 (a)-4/3/81-M-4/24/81-M Por este medio sea avisado que en el dia de 23 de May-un faIlo por admision fue registrado contra usted por la cantidad de $28.500 del caso antes escrito. Fecha: el dia 23 de May de 2003 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRRECCION SE ENCURENTRA ESCRIT A ABAJO PARA A VERIGUAR DONE SE PUEDE CONSEQUIR ASITENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 Por este medio certifico que 10 suquiente es la direccion del demando dicho en el En el certificado de residencia: PRESIDENTIAL HILLS, LLC 2 MADISON AVENUE PENNINGTON. NJ 08534 d--- Abogado (a) de Demandante(s) QUALITY BUILDERS WARRANTY CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 6.3- :2l/C1:L {J'ul(~~ CIVIL ACTION PRESIDENTIAL HILLS, LLC, MATHEW R. WILSON AKA RICK WILSON, INDIVIDUALLY Defendants To MATHEW R. WILSON AKA RICK WILSON. Defendant You are hereby notified that on May 23, 2003 judgment by confession was entered against yon in the snm of $ 28,500 in the above caption~ DATE: ,0fJI~; ~~~" k? I Prothonotary YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I hereby certify that the foIlowing is the address of the defendant (s) stated in the certificate of residence. MATHEW R. WILSON AKA RICK WILSON 1332 MOON DRIVE YARDLEY. PA 19067 ~~ tto ey for PlamtIff A MATHEW R. WILSON AKA RICK WILSON, Demando (s) Por este medio sea avisado que en el dia de 23 de May-un fallo por admision fue registrado contra usted por la cantidad de $28.500 del caso antes escrito. Fecha: el dia 23 de May de 2003 Protonotario LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABODAGO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRRECCION SE ENCURENTRA ESCRIT A ABAJO PARA A VERIGUAR DONE SE PUEDE CONSEQUIR ASITENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Street Carlisle, P A 17013 (717) 249-3166 Por este medio certifico que 10 suquiente es la direccion del demando dicho en el En el certificado de residencia: MATHEW R. WILSON AKA RICK WILSON 1332 MOON DRIVE YARDLEY. PA 19067 cJ - . Abogado (a) de Demandante(s) ~-__""""'~'~''''''~.m." QUALITY BUILDERS WARRANTY CORPORATION, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA v. : CIVIL ACTION - CIVIL PRESIDENTIAL illLLS, LLC, MATTHEW R. WILSON AKA RICK WILSON, INDlVIDUALL Y : DOCKET NO. 03-2442 Defendant NOTICE OF DEFENDANT'S RIGHTS To: Matthew R. Wilson AKA Rick Wilson A judgment in the amount of $28,500 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELEIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITillN TillRTY (30) DAYS AFTER THE DATE ON WHICH TillS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 :;-: John Gill, Esquire . Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 Attorney for Plaintiff Quality Builders Warranty Corporation (") c.) 0 h; r - "-:;1 ....' S. :::::l "OJ ,,-) ITlfP --i Z::r, , ::<:~... CF.?.:;_.. r,,; rse-" ~'I') <- ~C') _.:;.. L_C~ N j;C: -'" ~ :J1 U) QUALITY BUILDERS WARRANTY CORPORATION : IN THE COURT OF COMMON PLEASE Plaintiff : CUMBERLAND COUNTY : PENNSYLVANIA v. : CIVIL ACTION - CIVIL PRESIDENTIAL illLLS, LLC. MATTHEW R. WILSON AKA RICK WILSON, INDlVIDUALL Y : DOCKET NO. 03-2442 Defendant Return of Service "Notice of Defendant's Rights" '\ ",,' :~I:. \ r" ",. \\ ::.::',. \ r', .~. \ ,. 717 697 13605 p.01 . ,0> . t::,,~,;.', 1:".: 11".._, '. ,~;;~~~:~" ':.!:~ ':}.;' , '1 i~; , "'1'" l;.,~~' , .: ~Ir.::i::; "'j",'. .. I, ~ ,~" ' :~;~i'"\' ::",',' :,[[:tf:' ... .' I. I ::dra if:~t~~/ o.U.,ft\ ~ ~tJtUJ!.~A#d"-'~bS .,,7~)I.. 1~1'r;., . m#'k:2.YSY~ //~. r", /]()-S:3 w " ";';.i.. . Ru.. '!. P..IIII ~ul" ., eMl ~'''''''' ~ C L 0: . "~..'" .:'1eI .'lCT!~aN ", ~rJlSONS SU8.l1C'1' l'tI Sl.I'JICII<~ fT1 A..".,... en..." rat.......... 'lit.... 'I&:W..... .... ......e. . 'I" "'......u.au I.., "'..."..... U_Dl....... .......... ~....... ,,1[' '"""CIf "0JMe~ .......lUOtecIt..,.......... y........... DIf'\Irit ',' ,'..'WNCn.... hNl..... ."i,.... INN ."......1.......,,,... 11II001. 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IICSI'O"CllHQ l'tI Sl.I'JIC~ nt "'_- ....._.....__.___......."... --.-........"'....--..-........... ----......~_IlII.....- '~~_"........ at ..........,....N.-~Il _............__ .......................- . ....VT&___......... ---....... --",.... ~........" .,.....~ u....---.......~~'..at_ --............,.......,....... ..... -.. _I..... I......... ~.L. ~.. ....., Ie ....... 'JI4i - _ \,;n8Cked Post Off' -....-. . ._.......8 YVLlCl'f Aoa. F Ice - No Forward' - orwarding Adq~es.s '"9 ~ \~.f rC!lflI~ \id:' 16>Boro L~fi Mt!r(~1A , By Deputy r liU~llj~ !t] A. I Witness - At . o The above document a defendant as per inform . of Bucks. Com we So answers: Aftir~ed ,a.rfd " . f of Bucks ty -L&.>>-'t' S~:'b:~ before me on this day ..t ~LA._ Prothonotary Affirmed and subscribed --../ --../ _ ore ma on this day Notary Public My Com, Exp, 12- '6--0 p /I!,/G /0 C:y /2- Zl{---c.J;3 I C/(' 6 I(~? ciVIL ACTION - CIVIL ,LY DOCKET NO. 03-2442 E OF DEFENDANT'S RIGHTS :ick WilsonT : $28,500 hID! been entered against you and in favor of the hearing based on a confession of judgment contained in a .egedly sign(,~by you. The sheriff may take your money or at any time after thirty (30) days after the date on which this Ut.J:v..... t'~-r . notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELEIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE .ON WHICH TillS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS P APER'TO YOtJR LA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Gill, Esquire : I Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 #41532 fRUE COpy FROM RECOliD In Testimony w,lsre-Jf, I rere unto sGt my h,mQ '.j H"c<) ~! 0.1 ~W ~~ <~~. arlisle. !la. ,his ,,{~ day ~I~c.tl:-~ ~ , (Lt" (; <~ ,~. llmUICl1'lOml\' , Attorney for Plaintiff Quality Builders Warranty Corporation . In The Court of Common Pleas of Cumberland County, Pennsylvania Quality Builders Wa=anty Corporation VS. Predidential Hills LLC et al SERVE: Matthew R. Wilson aka RiCk wilson No. 03-2442 civil Now December 3, 2003 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~~~~~ Sheriff of Cmnberland COlUlty, P A Affidavit of Service ,20_, at 0' clock M. served the Now, within upon at by handing to a copy of the original . theconterits thereof. .l Sheriff of County, PA 20 i '- COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this ____ day of $ DA'i'E: 01/14/2'004 . TIME: 11:20 OFFICE OF THE SHERIFF BUCKS COUNTY, PA. MISCELLANEOUS DOCKET INFORMATION PAGE 1 > DOCKET # 2003 32810 CLASSy ASSUMPSI DEFENDANT S WARRANTY CORP VS WILSON 1332 MOON DRIVE YARDLEY,PA STATUS TERMINATED PLAINTIFF QUALITY BUILDER MATTHEW R 19067 10022003 COMPLAIN - CIVIL AC ION RECEIVED FROM CUMBERLAND CO SHERIFFS DEPT RA 12052003 RECEIVE IN SHERIFF' OFFICE FOR SERVICE. TRANSACTION #03-1-14646 RA AMOUNT PAID $48.00 12222003 SHERI 'RETURN, UNDER OATH, NOT FOUND BY DEPUTY FRENCH AT 1011AM RA DEFT TTHEW R WILSONaka RICK WILSON NOT SERVED. DEP MADE 7 ATTEMPTS TO SERVE.DEFT NOT HOME.DEP LEFT NOTES ON EACH ATTEMPT.NO RESPONE TO RA NOTES.DEP SUGGESTS ALTERNATE MEANS OF SERVICE. 12242003 INVOICE MAILED TO CUMBERLAND CO SHERIFFS DEPT ATTN:JOHN A GILL,ESQ RA TRANSACTION #03-1-14646 R. THOMAS KUNE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L SCHORPP SoDcitor OFFICE OF THE SHERIFF JODY S. SMITH Real Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. Edward Donnelly Bucks County Sheriff RE:. Quality Builders warranty Corporation. VS Pres.idential Hills LLC et al 03-2442 civil Dear Sir: Enclosed please find Notice of Defendant I s Rights to be served upon Matthew R. Wilson aka Rick Wilson 1332 Moon Drive Yardley, PA 19067 in your County. Kindly ~ake service thereof and send us your return of service. ".'/; "~,,,i~"<':<: ,', ..".,,:, . ;":;;""":,,,; ,,~/ "':',,ji:..,...,:p.:..:,:,,::,; , , ....1.'Encl&~ isth~adVaD'& ad entWhicli""oi} '.. U:~~d' .,~" '.~. . ..~ . . ...... 1, i }i' P ym;;!v'\~~.:r, ,.;~~,; . <,:~ I' ,:/tr".., ' ery LfwY'Y90SS . . ., .. . ?M.;'",~[~J' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania 'Enclosures: n c ~?'~ -',~ \ ";--j "_)1' ~ ( ~; =2 ...., ('.-:;:) => .r.- ...." ,." <:0 I CD ." :l\: Cd o 'T1 -f :r: m'Tl ~~ -0 =r!.- biJ ;7 C) (z:-n, .?; ;e.. ::.0 -< N QUALITY BUILDERS WARRANTY CORPORATION, PlaintiffIRespondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 03-2442 PRESIDENTIAL BILLS, LLC, MATTHEW R. WILSON a!kIa RICK WILSON, Individually, DefendantslPetitioners : CIVIL ACTION PETITION TO STRIKE AND/OR OPEN CONFESSED JUDGMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Defendants, Presidential Hill, LLC, and Matthew R. Wilson aIkIa Rick Wilson, (hereinafter referred to as "Petitioners") respectfully represents as follows: 1. Petitioners, Presidential Hill, LLC, and Rick Wilson, are the defendants above-named and Petitioners have a business address of2 Madison Avenue, Pennington, New Jersey, 08534. 2. Defendant, Matthew R. Wilson, is an adult individual with an address of 195 North Harbor Drive, Chicago, Illinois, 60601. 3. Respondent is Quality Builders Warranty Corporation (hereinafter "Respondent"), Plaintiff above-named which has a business address of 325 North Second Street, Wormleysburg, Cumberland County, Pennsylvania. 4. On or about May 23, 2003, upon information and belief, judgment was entered against Petitioners by the Prothonotary of this Honorable Court on a warrant of attorney in the 1 amount ofTwenty-Eight Thousand Five Hundred and 00/100 ($28,500.00) Dollars in favor of the above Plaintiff. 5. Upon information and belief, the Agreement between the parties upon which Respondent has relied in filing its judgment is the Builder Agreement dated July 18,2000. A true and correct copy of said Agreement is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth verbatim. COUNT I - PETITION TO STRIKE JUDGMENT 6. Paragraphs I through 5 above are incorporated herein as iffully set forth. 7. Your Petitioners believe, and therefore aver that the judgment as entered against Petitioners was deficient and therefore, should be stricken. 8. The warrant of attorney included in the Agreement was not sufficient in law to authorize the Prothonotary to enter the judgment against Petitioners. 9. Initially, the caption to this matter is incorrect in that Matthew R. Wilson is not known as Rick Wilson, but is a separate adult individual. 10. The judgment against Petitioner, Matthew R. Wilson, must be stricken because he did not execute any Agreement with Plaintiff nor is he involved with Presidential Hill, LLC. 11. The judgment against Petitioner, Rick Wilson (hereinafter "Petitioner Wilson"), must be stricken because Petitioner Wilson, by his signature on said Agreement, signed only the paragraph entitled "Indemnification". 2 12. Petitioner Wilson did not agree to permit Respondent to enter judgment by confession against him individually and/or personally, nor did he consent to personal jurisdiction of the Pennsylvania courts, Pennsylvania law as determinative, nor did he agree to the Commonwealth of Pennsylvania as the forum for any dispute. Therefore, the judgment should be stricken. 13. The judgment as entered against Petitioner, Presidential Hill, LLC (hereinafter "Petitioner Presidential Hill"), must be stricken because the Agreement, including the warranty of attorney upon which Respondent's confessed judgment is based, is not effectively executed by Petitioner Presidential Hill. 14. The Agreement is clear in that it states that the "Builder", which is further defined in the Agreement as Presidential Hill, LLC, authorizes and empowers any attorney to confess judgment against Builder. IS. The signature block of the subject Agreement designated to "Builder" which was to include the signature of an authorized representative and title of the Builder did not include a signature and merely indicated "see below". 16. Due to Petitioner Presidential Hill's nonexecution of the Agreement, Petitioner Presidential Hill did not agree to permit Respondent to enter judgment by confession against it, nor did it consent to personal jurisdiction of the Pennsylvania courts, Pennsylvania law as determinative, nor did it agree to the Commonwealth of Pennsylvania as the forum for any dispute. Therefore, the judgment should be stricken. 3 17. The Agreement upon which the judgment is based is defective on its face as against the Builder, as the Agreement maker, and Petitioner Wilson as the indemnitor and therefore, it should be stricken. 18. The confessed judgement amount as entered by the Prothonotary is for Twenty-Eight Thousand Five Hundred and 00/100 ($28,500.00) Dollars, which grossly exceeds any amount disputed by Petitioner Presidential Hill and Respondent. 19. Respondent's entry of a judgment for a grossly excessive amount is improper use of the authority given in the warrant, the effectiveness of the wa:rrant of attorney being disputed by Petitioners, and therefore, the entire judgment should be stricken. 20. Respondent's judgment amount is not ascertainable from the instrument upon which it is based and upon information and belief, it may contain items not set forth in the Agreement. 21. The Prothonotary has no authority to enter judgment and striking the judgment is proper when the noncomplaint procedure for confessing j udgment is followed and if the amount of a confessed judgment cannot be determined without resort to evidence outside the instrument upon which the judgment is based. 22. Due to its deficiencies, Petitioners seek to have the conf($sed judgment improperly entered against them in this proceeding stricken. WHEREFORE, Petitioners, Presidential Hill, LLC, and Rick Wilson, respectfully request that this Honorable Court grant to them a rule on the above Plaintiff to show cause why the confessed judgment should not be struck off and all proceedings stayed and further grant such other relief as this Honorable Court deems just and proper. 4 COUNT II - PETITION TO OPEN JUDGMENT 23. Paragraphs 1 through 22 above are incorporated herein as if fully set forth verbatim. 24. If Respondent's confessed judgment as entered against Petitioners is not stricken by this Honorable Court for the reasons stated above, then Petitioners seek to have the judgment opened. 25. Under Pennsylvania law, all requests forrelieffrom a confessed judgment must be contained in the same petition. 26. Despite the fact that the confessed judgment upon which this proceeding is based was entered on May 23,2003, Petitioners had no knowledge, of its existence until January 30, 2004, when Petitioner Presidential Hill was served with a Notice of Defendant's Rights in Pennington, New Jersey. 27. Petitioner Wilson and Defendant Matthew R. Wilson were never served with notice of the entry ofthe confessed judgment, although they are named as Defendants in this proceeding. 28. Petitioners have acted promptly in bringing this Petition to Strike and/or Open Judgment. 29. Respondent's confessed judgment is based upon a dispute for warranty coverage for Mr. and Mrs. Fernando Santos (hereinafter "Santos"), who purc;hased a home in Hopewell, New Jersey, from Petitioner Presidential Hill on or about August 23, 2001. 30. On August 4, 2001, a Final Closing Punchlist inspection was made of the house and the Santos signed this punchlist stating that "the above Final Punchlist comprises all of the items required for completion ofthe house in accordance with the Purchase and Sale Agreement. 5 Later claims of any kind cannot be made for any items which were acceptable and visible at the time of this Final Punchlist." 31. Petitioner Presidential Hill corrected the items of the Punchlist from August 4, 2001, and therefore, owed no further duty to Santos for additional defects. 32. The Santos made a claim for numerous additional alleged defects with Respondent on April 26, 2002. 33. Petitioner Presidential Hill attempted to correct those items which were deemed to be valid defects, although the Santos limited Petitioner Presidential Hill's access to the property to make the repairs and often refused to acknowledge that the repairs were completed. 34. Respondent is not entitled to its confessed judgment because Petitioner Presidential Hill did all that it could to address the alleged defects, yet it was prevented from doing so by the conduct of Santos and Respondent. 35. At times, subcontractors hired by Petitioner Presidential Hill to make the repairs traveled more than an hour's drive to make the repairs, only to be denied access to the property. 36. On July 1, 2003, Respondent sent by facsimile to Petitioner Presidential Hill a grossly inflated estimate to correct the alleged defects that they had received from Allita Roofing General Contractor for the sum of Eleven Thousand Five Hundred Fifty and 00/100 ($11,550.00) Dollars. 37. Petitioner Presidential Hill continued to attempt to assist with the alleged defects and in that regard, provided supplies which reduced the alleged costs in the grossly inflated estimate. 6 38. Although the figure sought in the inflated estimate is disputed by Petitioners, same is well below the confessed judgment amount of Twenty-Eight Thousand Five Hundred and 00/1 00 ($28,500.00) Dollars. 39. The damages assessed on the confessed judgment unjustly enrich Respondent and therefore, it should be opened. 40. The confessed judgment as entered by the Prothonotary is grossly excessive and is not determinable from the instrument upon which it was based. Therefore, the Prothonotary had no statutory authority to enter the judgment and if it is not stricken as requested above, it should be opened. 41. Petitioners must be permitted to raise their defenses and there are a number of issues in this proceeding that would require submission to a jury in a jury trial, and therefore, the confessed judgment must be opened, and a bond is not required. WHEREFORE, Petitioners, Presidential Hill, LLC, and Rick Wilson, respectfully request that this Honorable Court grant to them a rule on the above Plaintiff to show cause why the confessed judgment should not be struck off or opened permitting Petitioners to enter a defense with all proceedings stayed and further grant such other relief as this Honorable Court deems just and proper. 7 Dated: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL ~ 1!I~/o1 , , By: ~ct l;:11 Craig A. lehl, EsqUire Attorney ID No. 52801 3464 TrindJe Road Camp Hill, PA 17011-4436 (717) 763-7613 Attorney for Petitioners 8 FEB-24-04 05:11 PM 1111',: fEll. ;::4. <:004 4' 4SFM ~:,). !'., PRES I DEN-f IF==tL :~FCG ~ DI!I-L <!S0 61397376402 1'J).177 p.1I;.la P.02 f" { . ii', ~ ~... .1. . l .~ ti ( j;. i;:;'- ;'t.,' 1- ~. I' 1 " I I . :! ' QUALrI'Y BtlILDERS WARRANTY CORPORATION, 'lalaUlflRelpondut VI. : DOCKET NO. 03.2442 I I : . I ! I , ; IN THE COURT OF COM.~ON PLEAS or : ctJMBlRLA!iI,1) COtNrY, PINNSnV AmA ;.~, 'RESmENTIAL mLLS, LLC. MATTHEW R. wn.SON alkJa RICK WILSON,lDdiVidaalIy, DefondutslPcCltiollorl . : CIVIL ACl'ION I VF.RJFlCA TION I I, M!\UUCK WILSON. PresideDt ofPre.idtmtlal Hill, LLC, hereby ~ II1d Ilall!.hat = foregoing PEnnON TO STRlXE ANDIOR. OP2N JUDGMENT II tnJe cd COIfcct to the belt of ., i i ! my laiowledao. iDformatioll :md bellef,lI1d lbal I UIIlWItOIl4lb1t false Ilatellliel1ts bIroln .. made subject to the penalties of 18 Pa.C.S. ~4904. relating to WlIWOIJl fal.l1ieation to autborili... -~ 'j I I 1 ~:':, , j ;; ~. 'l .1: PRESIDENTIAL HILL, LLC I I , i .j i I " ..' I I I , ~. ,\1 I,;. ~ . Date: .;2. /J-'4 {"1 , I BY:~~ Men;ck Wiban, Prolidcnt f.1A-a' ~~ I , . , I ~, l I (. ,:':';, ,:i , i Y: < ; l-i< i ., <,.:" I I. ~ , I , '\!,,-. . l '" :~, , I , 'J ~, I ..~ , , I i ! , , I r I I ~ I 1 , I , I I' I I FEB-24-B4 05:12 PM PRESIDENTiAL , _w.~_.~~ ~,~~~" :RR:G ~ DI~HL ESO , ;,\ I ~J ~,: ~;,: ,;, ~" r',:': ;I.'j,'. :;H'! .,;f' 1. .,' .., ,l , '~ ".'jo '", ) _,1:' it i ,:'i'f ;.,~, :~." \ 1 :1 QU.,UTY BtJlLDli:1tS WARRANTY CORPOltATlON. PbUft~PODd.Dt 'VI. PRlSmlNTIAL HILLA, I.le, MATTHEW R. WILSON .JkJa RICK wn.sON,lIldMdully, DefendlntllPe&loal:n 6097376402 P.B3 ,t.IO.177 P.l1d2 In !11 , ,i! i;j ., , : IN THE COURT OF COMMON PU.U Of : CUMBERLANDCOINU,PENNSYLVA.'i'1A \ I :, :' i I ;i . I . J DOCKET NO. 03.2442 : CML ACtION VERtnCATION I I ., \ I, MER.RICK WlLSON,lIereby certify and ItItC chat the forellOiDi pmnox TO SnIKE ANDIOR OPEN JUOOMBNT is true IIDd comet 10 the beat of my laIowleGac, inful'l!llllol'llllld belief: IlIId !bat I undentlll!! tblIt fal.. Ilat.meab hmin are made lubjtot 10 the pMlltics of 18 PI,C,S. f4904. relating 10 unsworn falsification III tIl.tiIoritics. Date: .;.t~/o., I . Lt:L. I I :\ I I Merriclc Wilson aIkIa Rick W'Ison , Cl I'-.) Cl c;;;" C c;:;.! -n <.__e ~ -,-, ::;1 ri fii " w (.:0; r>1 r"<> ,"1 _i '( C) i.l .. '1 , (-j ) ITl C.': ::'1 --- ?~) :,.i -, "" ,-;'_.>'\-. ' ;"'L.. "....,-.,_,. _ ,-,1 :-r'~" _~_'J.'~____ ,\\(~) )) BUILf~RAGF1E~MENT ,,----'tJ I:Y \1. /) , AGREEiviEt-JT maoe this -----L \J day of -/.l~ I between QUALITY BUILDERS WARRANTY CORPdRATiO~. a Pennsylvania corporation, and PRE5IIlf,XrJ:Jl HILL, LLC ~ame ol euilder: (IMicale whOl~Ar II eOfporalion. P'3rtMrshiQ, individual 0: oltlerl _,01 , .20 G'"D herein ,eferred to as "OEW," AtJc;(lGG 2 I''''''!;""", Avenue. Pemtingtcn. ID 08534 5"', herein re1erred to as "Buildr;:L" Zip SeCTION A, MEMBERSHIP AND TERM: ,. OSW administers a program Whereby home builders regiS1ered wi;h OBW enroli homes they con'trucl In the program and purchasers of those hornes are protected by a warran1y against certain specified defects. . 2. In order to develop and maintain a good reputation for providing protection to purChasers of "eli-bUill homes. OBW protec:s and pcamotes i,s good-Will by careful "election of builders to participate In II,. warranty program. 3. Builder deSires to participate in OBW's warranty program and, 10 that end. agrees to abide by the proviSions of thiS Agreement and to conform its behavior to the standards e~pressed herein and in the Limited Warranty Agreement. Builder v/arranls thai ali information supplied to QBW in connection with ils appiicatlon is true and correat. d All 'agistration fees (initial and annual ,,'screening) are 56! by QSW al its discretion and are non.refundaOle. 5. OBW, upon executing thiS Agreement. has accepted Builder as a member of its warranty program. subject to the Builder's Qontinuing performance of its obligation under this Agreement 6. Builder's membership shall commence on the rJate or Execution by OSW and shail continue until terminated by either party in accordance with the terms of this agreement. aBW reserves the right to rescreen Builder annually. If aBW determines lhat Suilder does not meel its approval standards upon resc,eening t~en asw may terminate BUilders membership and the provisions of Section B. paragraph 6, shall be in ellect SECTION e. HOME ENROLl..MENT: 1. Requirements. As part 01 its participation in QBW's warranty program, subject 10 QSW's acceptance, Builder agrees to enroll in the program every home, Builder, Builde,'s Principals. or any entity under Builder's.. or Bud.der's Pril1Cipals common cornrc!: constructs in any state in which QSW operates and agrees to pay all fee$ r"'1uired' by aBW In t/le enrollment process. whl~h fees snail be non-refundable. 2. Proced'ufes. Builder agrees 10 enroll Its homes according to procedures established by QBW. Builde. may enroil homes currently unoer constn:lctlcn and homes completeli but not sold o. occupied (as of the. date of this Agreement or the d"te of reacceptance following a period of suspensiol1l or non-oarticipationi provided Il1at enrollm9nt is made with,n 45 daY3 of exe- cUllon of thiS Agreement or reacceptance. and aaw has inspected and approved the home. Homes which remain in a BUilder's inventory longer ~han 18 months must be enrolled by the end of the 19til month from construction slart date to qualify for enrollmen!. The warranty will be i'Hued to Ihe Sulider and the unexpired portion of the warranty will aulomatically transfer to the purchaser. When enrolling other than a detached single family dwelling, Bulider Hhail enroll eacl1 individual 'Jnlt of any multiunit dV':elling such as but nollimited to duplexes, townhouses and condominiums. F'Jr each home enrOlled, the Builoer shall pay a warranty fae as determined by aBW within the rime periOds estab- lished by a8W. All warranly iees are non-refundable. A minimum warranty lee of $100.00 shall apply. QBW will provide Builder with a copy of the Limited Warramy Agreement and Enrollmentlofm. Builder and purchaser must complele alia sign the Enrollment Fonn at closing, and Builder agrees to fumish asw with a copy of the signed Enrollment form within ten (10) days of closing. Builder agraes not to charge the purchaser dlrllCtly for the coat of the enroll- ment fee. A home wiil not be considered enrolled until QSW recQives and approves the fully executed and completed Enrollment Form. payment of all fees, and an approved final inspeClfon. 3. Reservation of Power of Review, QBW reserves the righl :0 reject any home submitted for enrollment in the program if r e) the Builder is nal a member in good standing; (b) the home is not constructed in accordance with the Warranty Standards or bUliding codes specified in the Limited Warranty Agreement: (c) the Builder did not observe the enrollment procedures; (d) m,"slales or misrepresents any information; (el in ary way fails to comply with the terms of this Agreement. i. Assignment of Rights. if a purchaser files a Complaint pursuant to Ihe Limited Warranty Agreement which the Builder fails to correct. the Builder ~ereby a.signs 10 aBW or lIs Insurer. as the caae may be. any rights which Builder may have against a supplier. manufacturer, subcontractor or other person for work perlorme.d or materials supplied in connection with thaI claim. BUlider agrees to cooperate fuily with OBW and to provide OBW wil~ all information which it requests pel1aJning tc the clamL If Builder taiis to so cooperale, Builder agrees to compensate and indemnify aBW for any damages sustained by such lack of cooperation. 5. BrP.ach and Remedy. If Builder fails to enroll any eligible home as required by this Agreement, aBW may seek specific an'creame1t or other aporaprlate relief in legal or equitable proceeolngs, even if this Agreemenl has been terminalQd. t::;.U " , --~ , , JUN-.28-0U U~ :.~~ HI'] PKe.::>llJl::.~ll iHL . ,_~~.:~~.2000H.1S'.03 .. GlURl!TY BUILDERS WRRRRNTY 717 737 4288 p, 08/0'3 ru,,,,,,,,,u,g, ",u,"uc' ..,.,cao ." "'~C"""'7 ~..~ ..... .....,..--- -- . suffer as a result at Builo,r's brnch ot this Agreemenl and such losses and coslS snail include reBsonable attorney s lees and expen witness feee, . . 8ullder hereby irrevocably IIuthonUS and .mpowers any .ttomey or sny coun of record 01 Pennsylvania or elsewhere to appear tor and conless judgmenl aQsing! 6ullder lor all amoun\s for which euilder may become Ilaele to asw lor :ha breach of thiS Agreement, ea evidenced by an affidavit signed by an officar ot OSW salling tonh the amounUl than due. plus attorney's tees incurred by aew. wi\h coets of suit and rtlease at errors. Such aulhori!')' snail not be exhausted by anyone exercise thsreof but judgment may be confeesed as aforesaid Irom time \0 time as otten ae there i6 a detault. Flemediee stated herein are tlectlve and not exclusive and OBW may elecl to proceed under this or any olner para. Qraph in thl~ AQreement. 8. Suspension or Termination. aBW may terminale, or !t its option, suspend Builder'S participation in 08W'~ WarranTY PrQgram, or sny entity or indIVIdual which Builder Is affiliated, If oaW delermlnee that Builder haa dona any of tht lolIOW- Ing. which shail bt deemed a breach 01 thie Agreement. (a) :aila to comply rully with an proviSionS 01 this AQreement: (bl falls 10 pet10rm any of \t~ obligations under this Agreement, including, but nlJt limited to. cooperatinQ in the operation of the progra",'. Informal dispute resolution end arbitration procedure: (el lails to resoond to C8W's notice of a homeowner's complaint: Id) fails 10 comply with a declalon whiCh IS renaered pursuant to complaint procedures: (e) fails 10 proviat adequate assurance 10 oaw within len (10) days after 1\ receives a written request Irom OBW for sucn lI!I~urance that (within a rllBsonable tlmelable sstaalished or approved by aSW) It is Willing and able to cooperate In dl~pute s.."lementand to pet10rm the obligations under any decision which is rendrarea purauanl to such procedures; (I) tails to otherwise cooptrale In the operation Ollhe aBW Program in accordllJ1Ce witn the rules and regulsllOna at the aBW Program: (g) lalls to provide timely proof 01 compliance with thi. Agreemenl. a.! and wMn requested by aaw: (h) lails 10 comply With cew Warranty Standards and butldlng codes as stated In the \.imlled Warranry Agreement: Ii) talle 10 comply wilh the enrollment procedures establisheO by QaW; G) taile to providt proot that enrolled homes hive been subjected to required inepections: (k) lail. to reeoond 10 purchaser complaints in S timely manner and a5 provided in the Umlled Warranty Agreement: (1) lalla to pet10rm Its obligations with protessional competence or conduCI its opt rations Irom a po.itlon of finanCial strengIH ar,d stabl1\ty; . Im\ lail5 10 notify OBW wltnin 30 daye ot a change in ownership, company name or company standIng, "nancisl condition. or ot any other material fact which mlghl affect BUilder's ability to meet Its Obligation. under this AQraement: nl laile to meet ethical standards in It~ oealings wllh customers: or (0) misstates or misrepresents any Information In connection with lIB application or in thl rescreening procass, oaw re.ervee the option to relnatate tarmlnated affiliates of Ihe primary, terminatad 6uilder II QSW determtnlS Il1at the terminated 8ullder or its principal. are not In a posillon to control the affiliated 6ullder. Terminalion of 8ullder by oaw shall nol affect the righUl or obllgatlons 01 any of .the panlas to thle Agreement 'Hlln 'espect to tht W3rlanty Program in titeot at the date of term,natlon. subjeellO the provleions pertaining to voidaolllly. If e Builder il suapended or terminaled. he shall not repreaent himself to be a mamber of the QSw Warranty Program nor ofl" tile asw Warranty and shell not use its Logo or raler to the program In any way nor attempt to enroll any home. The Cluilder snail immediately notify any Buyer currently under contract to purchase a home of the suspension or tarmlna. tlon and that the oaw Warranty ProQrlm haS been withdrawn. Upon request, Builder shelllmmediateiy relum to caW ad malerlals supplied by caw and all matenal making relerence to OBW. Should Builder tail to take thess stepS, a shall indem. nil'{ and hold harmi..s oaw and the Insurer a~ainst any and sll expenses Incurred and losses auffered. including but nOI limited 10 attorney fees. by tilher 01 them a~ a result. In addition. Bullaer shall pay inlerest to caw at the rate ot I e% per annum on all sume due 10 oaw hartunder If such sums are not peld wllhin 30 days of dtmand by Qaw. Bulk:er may terminate lhls AQr.eme"t ueon 30 days advance writtan notict to aBW, If $0 terminated by BUilder or by 08W, BUilder's obligations under this Agreement 8hall continue as to those homes enrolled dunng tne period in which this Agreement WIS In effecl. 7. Notloe. If aew possesses a reasonable beliet that reason existS to terminate or luspend a BUilder lor violation ollhis Agreement, aBW m.y immediately termlnale or suspend tne Builder by providing il with wrillen notice. If oaw elee~ to sus- pend the BUilder, such susptnllon will remain In effect until Builder hee cured all defQcts to 06W's satiefaction. hOweve" asw r..'tlleS the nghtto terminate any suspended Builder. 8. Voidablllty. OSW reseNes the right to void any ,nrollment if Builder militates or misraprasents any Information in Its appli. cation or In the rescreening proc.ss or misstates or misrepresents any information In the enrollment of a particular home or lallslo ;lay any fMS due for enrollment of any particular home or lail. to forward an enrollment form lor a panlcular home Within 10 days as ,equlled. or lalls to enroll ail unite or a multi unit builoing, SECTION C. BUILOER'S OBLIGATIONS: 1. Const~ctlon Obllgdions. following are tne Builder's obIiQallon,& with ra!lpect to caW's Warranty Pro~ram: (a) 8ullder Shall construct ~~ homes In conto~lty with Ihe WarranTy $Iandard~ provided in the Limited We.rrant;y Agreement. ____.._.... 1-0, ,11...,__ ~_..l__ __... __\.;.__ _~__..J___.. ____,-,,_,-..1 ,-, ........... __...J '- _u.._ .-..... '"._!- JUt 1-- 28 -LJ \j U:::.: ,-I....: H 1'\ ,- r<. t:.. :=. 1 lJ t:. r 1 , ~ H '-- ,~ JUN-19-2eoo 15'02 QUALITY BUILDERS WARRANTY 717 737 4288 P e7/09 "'''Y VI CU","VC,'U" ",,"~ ""'~".- .."., --.. ..' . m@ntB or other means at prOlecnM wilh re!pect 10 any homes constructed by Builder whlcn 08W determines to be 'High Risks: . ('0) Bvildor agree! to have all nomas Inspected, as required by caW, and 10 PIlY all Ieee for the In$~ettlcn and to provide evidence of Ins~eotlon as and when reQUired by QBW. aSW shall provide inspeCtors or shall approve govllrnmer,tal InspeClars. (c) caw shill have the nght \0 perform spot Inspections to veTlfy Builder's compliance wllh th's Agreement ana BUilder allrees 10 cooperate. . (d) The Builder agrees to Indemnify and hold harmless OBW Andlor its Insurer for any losses or damag'S CBW and/or Its Insurer may su~er as I rnUI! 01 Ihe use Of lire retardant treated plywood on any building enrolled under :ne CBW Ten Yesr Werran"'! Program. ThiS will include all claims and lIeoillty lor losses. damage6 ano expenses which aBW andlor its Insurer mllY SUSlZln. incur, pBy or be liable lor by '1'Ieana ot any inVeB!lgatlon S4nlement or litlgallon 01 any claim or Ilctlon which may be raised. mace or brought due to the potlnllal defecls caused or likely 10 be cllused by use oi :he subject plywood. Ie) If the 6ullder Is In10rmed bY QBW thaI it Is building in an arll designBted as one with active aod conoitions. the BUlld.r agrees \0 oblaln such soils in~BS\lgatlons and reports as may bl rloui,ed by caW. If auch ,eporte ,ndicate a nlld tor special toundalion design the Builder agrees to construcl1he foundation according to the deSign of a registered proias- sionll engineer to tBka imo account the conditions olsClol8d bY lhe aoillests. 2, Warranty Obllgatione. Builder agrees to perform all ooligationa anslng from this Agreement and lhe I..imlled WarrantY Agreement. The BUilder shall al Its own expenae perform all obligations as 511 lorth In the CBW Wllrrllnty ProQram and this Agreement which includes meeting tM warren"'! standards upon nOllce lram the Purchaser Without the neceaslty 01 QeW Intervention. During years one and two undar the oaW Warranty Program, ,I the Builder falls or r.fuSeS 10 Oerlorm its obligations in accordance with tha I..imited Warran"'! Agreement or Ihls Agreement, caW wdi perform the Builder's Obligations. however, the Bulld.r aQrees 10 reimburse OSW andlar Insurer lor all expeneee Incurred in perl arming 'neir obligl\tions. including but not limiled to, cost of materials. cost of collection, Illbor. architect's fseB. engln..nng fees and counsel fees. caw andlor Insurer rese1'l/e all rights of subrogation. During yeBrs three through ten under 1M oaw Warranty Program, QE\W will perform its obllga\lonS wllh respect 10 major atructural defects as set torth and deMed in the Limited WBrrllnty Agreement Without the nght of subrogation agalns! the 6ullder provided IMt tM defect. or symptOms of the subsequent occur"nce of :h9 detec:. flrit arOie aftar the Ixpira- tion 01 two yeBrs under the .QSW Werranty Program ,n effect for that home. and that Builder did Mt attempl to conotal or cosmetlally repair tna detect or symptome of Ihe subsequent occurrence of a detect and thatlne defect doee not anse Irom Bvil~er'a lallure to construct the home to aoplicable C6W standards or adhere \0 BUilder's responsibilitl's under Ihe Builder Agreement. If lhe sullder repairs a malor structural delect during yellrs one or two, CBW must be nOllfled. Onca notified. QBW Will perform a compliance inepecllon. 3. Suilder Is authorized 10 Bdvertise ils membership ,n the OSW Warranty Program and to use its I..ogo In Ita buainess, pro- VIded thel any reference to C8W or itS Insurer, whether contractual or adver1\s'ng copy, b' approved by oaw In wnMg in Ildvance 01 its use. Sf!CTlON c. INFORMAL DISPUTe PRoceOURE: t, Builder .hould be aware that the Limited Wlrranty Agreement providlS lor an Informal dlsPulll settlement and aroitration procedure \0 resolve complaints by purchasers under the Umited Wllrranty Agreement. Builder should become lamillar with the settlement proceduree In order to be eware of Ita righls and responsibilities. Builder agrees 10 cooperate fuily In the pro- cedure and \0 be bound by and to comply with any deciSion 01 an Independent third party, or aronrBtar, If lh. Builder falls to perlorm 119 obligBtions hereunder in a timely and workmanlike manner. such rBilure shail be con. sidered 10 be B retusal to perform governed by paragraph C.2 herlof. 2. The Builder agrees to pay all fus charged in connection with the informBI dispute se~lement and arbitration procedUTfS. SECTlON E. TERMS GOVERNING OPERATION AND INTERPRETATION: ,. Builder agrees to perform ite obligations under this Agreement In a timely mannsr. However, time provided for performance at obligations hereunder shall be extended by events not subject to control by tM oerson ob\1gated to perform. Such even19 ,nolude acts 01 God, or the public enemy, or riot. civil commotion. or govemmental oonduct 2. O.,o(1ptlve heedlngs .as to \he contents 01 particulllr provisions of Ihis Agreement are Intendad lor convenience onlY snd are ~ot to be conslcered In construing Ihis instrument. 3. This Agreement shall not canstllute or be considered an agency, Imployer.employee rellltlonShip, joint venture or panner. shlO between the parties. None of the plrtite, nor any of thlir employees Oi aglnts, shail hsve the authoMty to bind or o~lig' ate the o11'.er party except as provided by this Agreement. 4. Should any provisions ot this Agreement be determined by e court of competent juriscictlon to be unenlorceable, that dellr. mlMtlon will not B~ecl the validity of the ramlllnlng proviSions. } UL - '-'~ - .::..,_'U'_ J.. .~.' . "-''::'' '...;.II.JI'Ll I 1 L:'L...L_::=-;"''=' ".IM,.-"'.!-;I,I. ,. 5. This Agreement shall' be inter ld and enforced In accpr<.1an~s ,with the law! the Commonwealth of Pennsylvania. All . SUits instituted under this Agre..."snt shall be brought in Pennsylvania in a court of competent :urisdiclion. Builder hereby consents to the personal juli~dictiQn of the Pennsylvania C.:>urt5. 5. BUiider shall not assign thiS Agreemenr without the prior written consent 01 OSVI.'. 7. This Agreement shall inure to the benefit of and be binding upon the heir.;. execulors. administrators. assignee. and suc- cessors Of the representative parties. 8. This instrument. and security documents and documents referred to or inc()rporated herein by reference. contain lh~ entire agreement between the parties. and no stalement. promises. or inducements made by either party or agent of either party Illat is not contained In this written contract shall be valid or binding; and this contract may not be enlarged. ",odified. or .3itered except in writing signed by the parties and endorsed hereon. 9. Failure of either pany to Insist upon compliance with any provision of this Agreement shall not conslitute a waiver of that provision 10. All notioes required 11ereur.der must be In wliting and sent by certified mall. postage prepaid. reiurn receipt requested. to the recipient at the reepective address shown below. or to whatever address the party may designate in writing. 11. The effective dale of this Agreement shall be the date of execution by QBW. OUAUTY BUILDEnS WARRANTY CORPORATION Sy ----fi {?{1J7< ..LIu/U Date of execution by aaw: _" July 24, 2000 70503 Builder's Regietration No,: I'RBSIDI!Nt'IAL 1ll:t.I., u.c BUILDER: (name at Builder. pi.... print or type) DATE 7-18-00 By see below ~tlgnl!Jtufe ol Authartzlld fleprw""tltiv. - 1tthll) (plalM print nllmllliltlo of lJ)lec:ulor) 2 ~i""'l Avenue. J?enn:Inngton. J.IIJ 08534 (Address) IDEMNIFICA nON ~E UNDER.SIGl\f~D. im<mding to be legall~ bound. jointly and severally do hereby agree to indemnifY and Save .ann1e~ Quality Builders Warranty Corporanon agalmt any and all actions, claims. demands, liabiiitv or loss, \vhatso.ver, that may result from PRESIDENTIAL HILL LLC'S member hip' Q aI" B iJd 'm C ., .,. ,:s tn U Ity U ers VlalTantV orpo.r~uons IO-year Lurutcd Warranty progra~ including, but not limited to acrions, claims, demands, liability;r loss . mch may result from the .execu~on and de~ery of the within Builder AgrCl'ment or PRESIDENTIAL HILL, LL non-perfonnance of Its dunes or obligatIOns thereunder, which includes any liability for any Builder m past, present and future. / :f/fJ7./ tJ/A If ATE SPOUSE :/lial7 /?; (fOri? 7 SON ! 331- rt1th ffi HOME ADDRESS DATE copyrigll.1lHl8 Quality Builders warranty CQrporuUCln TOHL F.03 oew FCs:lM 050 1:''99 " ....~' (< n C'~ " _...J -< "'-' = ~2 -" 1"'1 C7~ N -.J o 'Il :"j~11 rn-- r- .;m :-uO ()cl ;J;~;~ _jlTl >,' :~ J'"1.'. -." co \C QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PRESIDENTIAL HILLS, LLC., MATTHEW R. WILSON a/k/a RICK WILSON, Individually, Defendants NO. 03-2442 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of March, 2004, upon consideration of Defendants' Petition To Strike and/or Open Confessed Judgment, it is ordered that: I. A Rule is issued upon Plaintiff to show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the petition within 2 I days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 49 days of the date of this order; 5. Argument shall be held on Thursday, May 20, 2004, at 2:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, . . ! . /,' ,.../ l i' -I J.! , j- J. liINWiU,SN[\!2d I ",lnIJri :-;, \"IIJ'~8/'''n'' IW" I '". -... '. .' ..t" 't. V L r :2 lid f:- H'\IIHODZ l'j'-!J'-/'QUJQUd :iHl JO "oJ ".LUIJ :l..!. u.... -.I 3Ji:i:lQ-031B John A. Gill, Esq. 325 N. Second Street Wormleysburg, PA 17043 Attorney for Plaintiff Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011-4436 Attorney for Defendants ~ _ .'A..J II ~'- 3-030'1 ~~, QUALITY BUILDERS WARRANTY CORPORATION, PIaintiffIRespondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLV ANIA vs. DOCKET NO. 03-2442 PRESIDENTIAL BILLS, LLC, MATTHEW R. WILSON a/kla RICK WILSON, Individually, DefendantslPetitioners CIVIL ACTION CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on February 27, 2004, a true and correct copy of Defendants' Petition to Strike and/or Open Confessed Judgment was served upon the following parties by way of United States First Class Mail, postage prepaid, addressed as follows: Quality Builders Warranty Corporation c/o John A. Gill, Esquire 325 North Second Street Wormleysburg, PA 17043 LAW OFFICES OF CRAIG A. DIEHL Date: ~ II) ,I 01 o C ? ~Fr:~~ " ~ :>'r-- ~2':" ~-::: ..:... "" "'" = ...,... ~ ~:n "0'- :og] g6 _c-r. o:n 2:0 gm ~';j -< ~ ..I,."... :co I U1 ...", _. ~. r;y U1 W QUALITY BUILDERS WARRANTY CORPORATION Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : DOCKET NO. 03-2442 PRESIDENTIAL HILL, LLC, MATHEW R. WILSON a/k/a Rick Wilson, Individually, Defendants/Petitioners : CIVIL ACTION - LAW PLAINTIFF, QUALITY BUILDERS WARRANTY CORPORATION'S REPLY TO DEFENDANTS' PETITION TO STRIKE AND/OR OPEN CONFESSED JUDGEMENT And now comes the PlaintifflRespondent, Quality Builders Warranty Corporation (QBW) and replies to Defendants/Petitioners Petition to Strike and/or Open Confessed Judgement: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the Petitioner is also known as Mathew R. Wilson. The remaining allegations contained in paragraph 2 are denied since QBW believes that Mathew R. Wilson also resides at 1332 Moon Drive, Yardley P A 19067. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that a true and correct copy of Petitioner's Builder Agreement is attached to the Petition and marked as Exhibit A. The Complaint in Confession for Judgement speaks for itself, which is incorporated herein by 1 reference, including all attachments and exhibits to the Complaint in Confession of Judgement as follows: COUNT I - PETITION TO STRIKE JUDGMENT 6. Paragraphs 1 through 5 are incorporated herein as fully set fOl1h. 7. Denied. The allegations contained in paragraph 7 are conclusions oflaw to which no reply is required. 8. Denied. The allegations contained in paragraph 8 are conclusions oflaw to which no reply is required. 9. Denied. Petitioners applied for membership in the QBW progJram in July 2000. The names of the individuals were used interchangeable by, "Rick Wilson". 10. Denied. It is specifically denied that Mathew R. Wilson is not involved with Presidential Hill, LLC. 11. Denied. The document speaks for itself. Rick Wilson was idlmtified as the President of Presidential Hill, LLC and it was explained to Mr. Wilson that prior to approval of the company in the QBW program, his personal indemnification was required to secure the performance of the company and Mr. Wilson executed the agreement as an individual and as President of Presidential Hill, LLC. The indemnification indicates, 'jointly and severally". Additionally, Presidential Hill, LLC was a registered builder in the state of New Jersey. All New Jersey builders are required to be a member of a warranty program either operated by the state or a private plan. Presidential Hill, LLC was approved in the 2 QBW plan based on the indemnification of Mr. Wilson and the Department of Community Affairs of the State of New Jersey, who licenses and regulates builders, was notified that Presidential Hill, LLC was an approved builder and able to construct homes in the state of New Jersey. The Petitioner is estopped from denying his membership based on his actions and the requirement of the New Jersey Law concerning buildllr's registration. 12. Denied. The agreement attached to Petitioner's petition, marked as Exhibit A, specifically authorizes QBW to enter judgement by confession and further indicates that the parties consent to the personal jurisdiction of the Pennsylvania Courts. 13. Denied. QBW incorporates, herein, its reply to paragraph I I of the within petition. 14. Admitted in part and denied in part. It is admitted that Presidcmtial Hill, LLC is the builder identified in the agreement. It is specifically denied that QBW could not confess judgement against the builder and the indenmitor. IS. Denied. QBW incorporates herein its reply to paragraph 1 I of the within Petition. 16. Denied. QBW incorporates herein its reply to paragraph I I ofthe within Petition. 17. Denied. The allegations contained in paragraph 17 are conclusions of law in which no reply is required. To the extent a reply is deemed necessary, QBW specifically denies the allegations. IS. Denied. The amount entered was based on the estimated amount of repairs and anticipated costs authorized by Petitioner's Builder Agreement and pursmmt to the Limited Warranty Agreement, which Petitioners issued to the Santos homeowners. A true and correct copy of the Limited Warranty Agreement and Enrollment Form are attached hereto, incorporated 3 herein and marked as Exhibit A. The Petitioners have misled the court and their attorney concerning the nature and history of this action which the pertinent parts concerning the Santos complaint can be summarized as follows with the corresponding Exhibits attached hereto: incorporated herein, and marked as Exhibit B 1 - 50: · On March 21,2002, QBW receivecd a copy of a letter from Santos, dated March 19,2002, directed to the Petitioner outlining problems they were exper:iencing with their residence. (Exhibit B 1). · March 22. 2002, QBW torwarded the intormation to the Petitioner tor their reply. (Exhibit B2) · April 2, 2002, QBW received a fax from Santos indicating the builder misstated the purchase price of their home on the Enrollment Form. (Exhibit B 3). The builder actually indicated to QBW the purchase price was $399,900,99, when in fact the actual purchase price was $617,050.00. It is believed the builder attempted to understate the purchase price to underpay the warranty fees since the fee is based on a price per 1000 dollars of the homes selling price. The Petitioners understated the purchase price by $217,150.00. · On April 17,2002, QBW forwarded another letter to Petitiom~r indicating that they have not had a reply as to how they intended to address the homeowner's outstanding issues. (Exhibit B 4) · On April 24, 2002. the Petitioner torwarded a letter to the homeowner with a copy to QBW and the New Jersey Department of Community Affairs taking the position that later claims, after settlement, cannot be made for items that were acceptable and visible at the 4 time of the final punch list. (Exhibit B 5). Such a position is contrary to the Petitioner's Builder Agreement, Lirnited Warranty Agreement. and the State of New Jersey regulations governing builders and repair obligations. In fact, the State of New Jersey Department of Community Affairs responded to the builder's allegations by letter dated April 25, 2002, (Exhibit B 6), which indicates that Petitioners statement is, "totally baflling". · April 25, 2002, QBW received a letter from the Department of Community Affairs indicating that the matter had been dragging on for too long with the Builder Member. (Exhibit B 7). · April 25, 2002, QBW letter to Petitioner indicating his position concerning repairs is not in accordance with New Jersey Law. (Exhibit B 8) · May 22,2002, QBW received a voicemail from Mr. Butcko indicating that this matter should proceed directly to Arbitration. · May 23,2002, QBW letter to the parties that this matter will be submitted to Arbitration, (Exhibit B 9). · May 23, 2002, QBW letter to Butcko indicating that the matter has been forwarded to Arbitration, (Exhibit B 10). · May 23,2002, Arbitration referral information to CAS, (Exhibit B 11). · June 3, 2002, received fax from Construction Arbitration Services indicating an additional $275.00 is due, (Exhibit B 12), which was paid to Construction Arbitration Service, (Exhibit B 13). Total original Arbitration Fee was $775.00 which cost is the builder's responsibility as identified in the Builder Agreement and Limited Warranty Agreement, 5 both of which are attached as Exhibits and incorporated herein. The builder did not pay as required. · August 13, 2002, Arbitration A ward signed by Arbitrator on August 6, 2002, identifYing defect which need to be corrected by builder, (Exhibit B 14). · August 19,2002, QBW letter to Petitioner requesting a repair specification document as required under the Limited Warranty Agreement, (Exhibit B IS). · August 19, 2002, Homeowner accepted the Arbitration Award, (Exhibit B 16). · August 28, 2002, QBW letter to Petitioner indicating that the RSD has still not been received, (Exhibit B 17). · September 11,2002, QBW letter to builder, still have not received the RSD, (Exhibit B 18). · September 12, 2002, received the builder's RSD, (Exhibit B 19). . September 13, 2002, QBW forwarded the builder the Builder's RSD to the homeowner, (Exhibit B 20) · September 30,2002, QBW received the homeowner's reply challenging aspects of the builders RSD, (Exhibit B 21). · October 2,2002, based on the elements of disagreements in the RSD's, QBW forwarded the matter to Construction Arbitration Services for a Repair Specification Document Arbitration. (Exhibit B 22). The fee for Arbitration was $500.00, which cost is to be paidm by the builder. The builder did not pay as required. 6 · October 13,2002, QBW received a letter from builder indicating the items which the builder claimed was completed at the Santos residence, (Exhibit B 23). · October 23, 2002, QBW received a letter from the homeowner identifying the items which were outstanding, (Exhibit B 24). · November 13, 2002, QBW received a copy of builder's ampliified Repair Specification Document, (Exhibit B :25). · December 2, 2002. QBW received a copy of the homeowner's Repair Specification Document dated, November 22,2002, (Exhibit B 26). The differences in method of repair are what is subject to the Repair Specification Document Arbitration. · December 30, :2002, QBW received a copy of the Arbitrator's Award under the Repair Specification Document Arbitration. The Award was dated December 23, 2002, (Exhibit B 27), the builder had 60 days in which to comply with all repair obligations. · January :2, 2003. QBW forwarded a letter to the builder to commence repairs, in accordance with the Arbitration Award. (Exhibit B 28). · January 17,2003, builder's letter to homeowner requesting dates of access. (Exhibit B 29) · January 24, 2003, homeowner's reply to builders letter of January 17,2003, regarding access dates, (Exhibit B 30). · February 4, 2003, builder letter to Butcko at the Department of Community Affairs indicating incorrect dates of repairs were given to homeowner. (Exhibit B 31). 7 · February 6, 2003, Butcko from the Department of Community Affairs of the State of New Jersey forwarded the builder a letter indicating that the, "drop dead date to have all repairs completed was February 28,2003". (Exhibit B 32). · February 10. 2003, homeowner letter to the builder regarding access dates for repairs. (Exhibit B 33) · February 16,2003, QBW received a fax from the homeowner containing a letter forwarded to the builder concerning nature and timing of repairs. (Exhibit B 34). · February 28, 2003, letter received by QBW from the homeowner indicating that the builder is in default, (Exhibit B 35). · March 6, 2003, QBW received a letter from the homeowner n:garding builder's inability to complete repairs, (Exhibit B 36). · March 6, 2003, homeowner requested a Compliance Arbitration, (Exhibit B 37). The purpose of the Compliance Arbitration is to establish whether the builder has met the repair obligations under the prior Arbitrator's award. · March 26, 2003, QBW received a letter from Butcko from the State of New Jersey, indicating that the builder would be in default if he failed to meet obligations as identified in the previous Arbitrations, (Exhibit B 38). · March 19,2003, QBW received a copy of a Case Assignment Memorandum from Construction Arbitration Service indicating that the Complianl;e Arbitrator would be Steven Rapp, (Exhibit B 39). 8 · May 12, 2003, one day prior to the Arbitration hearing the builder faxed a letter to the Arbitration Service indicating that he wanted a different Arbitrator, (although the Arbitrator was assigned approximately seven weeks prior to his request), (Exhibit B 40). · May 12,2003, Arbitration Service replied to the builder indicating that his request was untimely. (Exhibit B 41). · May 15,2003, Compliance Award from Arbitrator indicating builder in default and did not complete all required repairs. (Exhibit B 42). · May 21, 2003, homeowners request for clarification of item 100. (Exhibit B 43). · May 21, 2003, QBW letter to the homeowner summarizing the outstanding items and alerting the homeowner that QBW would have a contractor visit, a copy of the letter was forwarded to the builder. (Exhibit B 44). · May 22, 2003, QBW forwarded a check to the homeowner in the sum of $500.00 for an Arbitration fee reimbursement, which was required to be reimbursed to the homeowner by the builder. The builder did not pay as required. (Exhibit B 45). · June 3, 2003, Arbitrator's clarification indicating that item 100 on the Arbitrator's Award was not repaired by the builder. (Exhibit B 46). · September 15,2003, QBW received a copy of the homeowner estimated cost of repairs, ranging from $68,812.00 to $85,345.00. (Exhibit B 47). The estimates were to repair the items on which the builder defaulted. · September 19, 2003, QBW forwarded the homeowner's estimated cost of repairs to the builder to keep them advised of the situation. (Exhibit B 48). 9 . October 20,2003, QBW dispatched an Engineer to the site to visit the property to determine proper repair methods for the, "wavy ceiling", Item 59 on the Awards. The builder indicated that he simply wanted to mud and place drywall over the defected area. The defect consisted of approximately 1 Yz" bow in the drywall through the middle of the room. The homeowner wanted removed the entire roof over the area, therefore, QBW had the Engineer to evaluated to come up with a realistic repair method. (Exhibit B 49). · QBW offered the homeowner a monetary settlement in the sum of$ll, 550.00 to resolve the builder's default, however. the homeowner declined the otfer and based on their estimates, which QBW believed were unrealistic, QBW actually proceeded with repairs to the property on December 8. 2003. The repairs are currently underway. · December 12. 2003. QBW, once again, dispatched the Engineer to the site to review repairs to the wavy ceiling, item 59, to document repairs were done properly. (Exhibit B50). 19. Denied. QBW incorporates herein its reply to paragraph 18 of the within Petition. 20. Denied. The instrument permits entry of judgement for amourlts evidenced by an affidavit signed by an officer ofQBW. The affidavit was attached to the complaint of Confession of Judgement. 21. Denied. All proper procedures were followed for the entry of judgement. 22. Due to the sufficiency of the Confession of Judgement, QBW seeks to enforce the judgement. 10 WHEREFORE. Respondent, Quality Builders Warranty Corporation respectfully requests that Petitioners' Petition to Strike the judgement be denied. COUNT II - PETITION TO OPEN JUDGMENT 23. Paragraphs 1 through 22 are incorporated herein as if fully set forth verbatim. 24. No reply required. 25. No reply required. 26. Denied. QBW entered the judgement with the Prothonotary of Cumberland County on May 23, 2003. The Prothonotary was provided with the requisite stamped. addressed envelopes to forward the notices to the Petitioners. In fact, in September, 2003, an Attorney by the name of Lowell Mann, contacted counsel for QBW to inform him that he was representing the Petitioners in the Confession of Judgement matter. On September 25. 2003, Attorney Mann left a message at QBW's place of business indicating that the matter was being referred to an attorney in Carlisle. As such, even assuming Petitioners did not have notice until September, the Petition to Open is not timely filed. However. Petitioners received notice, via mail, upon entry of judgement as required by the Rules of Civil Procedure. By way of further answer, a Process Server did. in fact. hand deliver the notice of Defendant's Rights to Petitioners on January 30, 2004. A fe:w days prior to the delivery, the Process Server appeared at the Petitioners' Moon Drive address and was met at the door by Mr. Wilson who denied the fact that he was in fact Mr. Wilson. Additionally, the Sheriff of Bucks County attempted to serve the Petitioners on seven (7) different occasions. without success. 11 27. Denied. The Petitioners were properly served as in accordance with the rules of Civil Procedures. 2S. Denied. QBW incorporates herein as replied to paragraph 26 of the within petition. By way of further answer. Petitioners have intentionally mislead the court and their attorney by alleging that the tirst time they were aware of the existence of the Confession of Judgement was January30. 2004. 29. Denied. QBW incorporates herein its reply to paragraph IS. It is specifically denied that there is a dispute for warranty coverage. Rather the Builder Agreement, executed by Petitioners and the Limited Warranty Agreement provided to Ime Santos' required the builder to correct defects in workmanship exceeding the wammty standards within the tirst year of the warranty. If the builder fails to correct the items. QBW must do so. In the instant case, the builder disputed that items complained ot: by homeowner, exceeded warranty standards. The matter was referred to Arbitration in accordance with VI of the Limited Warranty Agreement. An Arbitration, as award was entered in August 2, 2002. which set forth Petitioners repair responsibility, (exhibit B 14). As required by the Complaint and Claim procedures under the warranty, the builder submitted a method of repair to which the homeowner disputed. A Method of Repair Arbitration was conducted and an award was rendered on December 23,2002, (Exhibit B 27). Under the terms of the Petitioners' Builders Registration with the state of New Jersey, and under the terms of the Limited Warranty Agreement. the builder had 60 days in which to effectuate repairs. The builder maintained that repairs were completed and the homeowner disputed the fact that 12 the builder completed repairs in accordance with the Arbitrator's award. A Compliance Arbitration was conducted on May 14, 2003, at which time the: builder was found to be in default, (Exhibit B 42). As such, QBW was required to assume the builder's obligations and repair the property or pay the reasonable cost of repairs. Given the nature of the homeowners estimates, between $68,000 and $S5,000, QBW elected to repair the property since it would be more economical for the Petitioners. The Arbitration is binding and the builder was bound to perform the repairs within the time perimeters. The Petitioner did not perform the repairs. 30. Denied. QBW is without knowledge as to the allegations as to the final closing punch-list. It is specifically denied that the builder did not have obligations beyond the closing date. Such a letter is in violation of the warranty and is not in accordance with the builder's responsibilities as identified by Mr. Butcko, (Exhibit B6). 31. Denied. QBW incorporates herein its reply to paragraphs IS, 29 and 30 of the within Petition. 32. - 35. Denied. QBW incorporates herein its reply to paragraphs 29 and 30 of the within petition. 36. Denied. QBW incorporates herein its reply to paragraph IS, 19 and 30 of the within petition. 37. Denied. At no time was Petitioner of any assistance. In fact, the Petitioners mislead QBW on numerous occasions as to the whereabouts of windows, which the Petitioner claimed they had in their possession to be installed in the Santos residence. Additionally, 13 Petitioner is under a gross misunderstanding as to the nature of the amount Confessed for Judgement. The amount is for the amount expended or to be expended by QBW for repairs, costs, attorney fees, etc, for which Petitioners are liable. 38. Denied. QBW incorporates herein its replies to paragraphs 18 and 37 of the within Petition. 39. Denied. QBW incorporates herein its replies to paragraphs 18 and 37 of the within Petition, 40. Denied. The Confession of Judgement is entered in accordar.ce of the terms of the instrument and the terms to which the Petitioners agreed. 41. Denied. Petitioners already attended three (3) Arbitration hearings, at which time, their obligations were established. The Arbitration hearings act as Res Judicata and Collateral Estoppel. In fact, Petitioners' Builders License with the state of New Jersey is in the revocation process based on their default in their repair obligations at the Santos residence. Additionally Petitioners have defaulted on repair obligations with two other homeowners. 14 WHEREFORE, Quality Builders Warranty Corporation respe'ctfully requests that Petitioners to Petition to Open in Judgement be denied. Respectfully Submitted, d~ o . Gill, Esquire Attorney For Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17043 (717) 737-2522 Attorney ID Number - 41532 15 VERIFICATION I, JOSEPH M. OLSHEFSKI, President of Quality Builders Warranty Corporation, hereby certify and state that the foregoing reply to PETITION TO STRIKE AND/OR OPEN JUDGMENT is true and correct to the best of my knowledge, information and belief; and that 1 understand that false statements herein are made subject to the penalties of IS Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: :?~J'6 - 0 f 16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Plaintiffs reply has been duly served upon the following part of record by depositing the same in the United States mail, postage prepaid, in Camp Hill, Pennsylvania on this 23rd day of March, 2004, and to the address listed below: Law Offices of Craig a. Diehl 3464 Trindle Road Camp Hill, PAl 70 11 ~ Slmffcr. Scrrettrry ENROLLMENT FORM 25567~ LM BUILDER REG NO : PRESIDENTIAL HILL, LLC :70503 EJITECTIVE CONDO ID SALES PRICE :$399,900.00 Land is included in above sales price :811/01 PURCHASER LOTIDEV COUNTY ADDRESS : SAi'lTOS. FERNANDO / SAt'lTOS. JULIE : 4.04/0AKRIDGE : MERCER : 15 CHEYENNE DRIVE PEl'lNINGTON :--II 08534 . ..,-?;;;":"''";~'''~~.5<4-c-. The etTecrive dare of the warranty on common eleme~i~:~,~~be the.~~'as-~~~eJf~~ij~f",ofthe warranty of the tiTSt occupied unit in that buildimz. No common elements coverag~llbe pmvidedlmless,ailunits-ii:rabuildiniare Pnri,1Ied. -;",,",",''''''':'''~~'.'.'.:.",'. ....."""- ~.j!.. ..'~r-- ~ - ~-_;.. ... ...........~.;. . .. """'."~ ,,,,, .#~'_ ~~.:.'...._.::-:_:"':',"".:-'_... _,"""l""- DAMAGES CAUSED BY SOIL MOVF~!;;~fFAND SUBSIDENCE ARE EXCLl~.~l'l2L'~.YERED BY THIS W A.RRA1'ITY. (Note: This exct~fdoes not apply to those homes firumcedtbrougll~.:.::Ti~~~.,,- L;'+~~,~_~ .-> .. ","--,,-- --_.....~<. "."~" SECTION N CS IS NOT APPLICABLE FOR TIffi ST~~"\.;..;,f.. 'c;?1\;, ~:;j";';''?'"Jl!:,_ *-i1:''''$l~~~~::' .. ~~';, CONSEQUENTIAL DAMAGES ARE EXCLUDED Al'lD NOn D B1MHlS W ARRANTY:-'i, 1;, ~_ .. ___.-' ~~~ .. c;~\ The Builder has supplie<j:the following i'1fo;:;';"tion pertinen?l"~" lete OIld ~rrect OIlY ~..~. inrormation and initiaL; .. .l" .. ,. ";, FINANCING FINANCING CO :CASH ':;~ ., :;:":").- HOUSE TYPE : SINGLE FOUNDATION: BLOCK BATHROOMS :3.5 PORCHES : 0 FIREPLACES : l HEATING : NATURAL GAS "i IL TYPE, : VIRGIN .. NT,TYPE D BAsEMENT S 1 , . . ~CHED GARAGE -'2 . .. ~ EXCLUSIONS: (ITEMS 'iOT:FUR1';ISHED BY THE BUILDER AND NOT (:QVERED BY THIS WARRANTY) :-lONE . '.i :ltT] . iT STORIES : 2 BE;DROOMS : 4 DECKS : l . CHIMNEYS : I AlC TYPE : CENTRAL )~" !S( ,;,.;' :t:FULL 01; .:NO :0 'YES Ft "~., ~i ..f ~,'.I If there is ~ cantlict or o~ion bet\;ee;> ~~~J1Q9k;\1!td the N~ P""\,~ e S~ or Guidelines,~~at the trme or contract. theN,.AHB. Perto~ce Sl3I1dllrds OIld Gilid~;m. es shall app~rer all horn. ejjlOc:lred m ~:. . t.- Montgomery County ."~ ' '''''"", , /i Both the builder and the p~e...r (s) must 51. 's_enro. llment ~Signing,"t.' purchaser ac '...........-that....... +.A"r",.r.ea d the attached Agreement and bas re~ed a copy of this ~greem.tself. The bwlder repres" ",.~t he lS,~,gistered with QBW, that the home has beenci!lsPe<ted and will be proce1lS'EII en~ and that he has p . l'.enrollmentor wilridoso as invoiced by QBW. Payment ofall'f'ec;sis a condit;ion precedent for enrollment and. QBW may voi . 'eritJorwhich Pa~~t has not been received. . ~t:0-.,. '-;iI~>' Date: ~/~!o I .."'--c~"'";'.2~~;;"",S"'i5i' ..j""t 1~/0- l~~l"~ AUTI-lORlZED BL1LDER SIGNATIJRE \.;(1; , 0/ ''-' BUILDER MUST RETURN THE ORIGINAL SIGNED ENROLLMENT FORM WITHIN 10 DA YS TO: Quality Builders Warranty 325 North 2'" Street W ormleyshurg PA 17043 Exhibit A (.. i i _1 J '\J I '"-,(/ , ) . 301 02.'02/200! NEW' JERSEY ENROLLMENT NO. Builder Job No. LIMITED WARRANTY e Insurance Company Ins Under This Agree Liberty Mut 676 East Swedesford R ayne, PA OCopyright 1986 Quality BUilders Warranty Coroorallon OSW FOAM 300 ;RE'I ,"lEW JERSEY 9100) Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 (717) 737-2522 Dear Homebuyer: ClJngratuiarions on the purchase of your new home. This is probably the largest most important smgle investment you' ve ever made :lnd we wish you many ye:lfS of enjoyment. Since you' ve chosen a quality Builder. a recognized- leader in residential construction. your investment is unusuaily well prOtected. This booklet explains why and we hope you will take the time to READ IT CAREFULLY. This insumnce-backed limited warranty affords you protection for ten full years or home ownership. During the first two years, your limited warranty stands behind your Builder and protectS you in the unlikeiy event your Builder is unable or unwilling to perfonn. subject to the conditions and exclusions listed herein. During the next eight years. your limited warranty protecrs your home against any major smJCturaJ defect which may occur. This Agreement includes procedures for informal sentemenr of disputes. including arbitration. Certain defects are covered for periods of one or two years only. Please note that QBW must receive a written notice.. via certified mail. of claim within thirty days after the expiration of the applicnble limited warranty period. For example. if the defect is one which is covered under the Builder1s onewyear limited warranty period. notice must be received by QB\V within thirty days of the end of the first year. or the notice will not be honored. This notice must contain the following infonnation: (1) The enrollment number and etJective date of limited wurrantyj (2) The Builder's name and address; (3) Your name., address, and phone number (both home and work); (4) A specified description of the defect; (5) The page and section number of this Agreement containing the applicable limited warranty standanl(s); and (6) A copy of your written notice to the Builder. Additional information may be received by calling QBW at 717-737-2522. Take. a minute to read this booklet in its entirety so that you will be familiar with its coverages and limitations. Your Builder will be able to answer any questions you may have about the limited warranty or specific construction standards and how they apply to your home. Again. congratulations and enjoy your new home! Very truly yours. QUALITY BUILDERS WARRANTY CORPORATION (For additional information regarding the claims process. you may contact [he New Jersey Depanment of Community Affairs. Bureau oj Homeowner Protection at (609) 633-6366.) (REV NEW JERSEY 9/00\ LIMITED WARRANTY AGREEMEl'.! r I. Introduction auality Builders Warranty Corporation ("QBWj administers a progr.im whereby homebuilders registered with asw enroll homes they construct in the program and purchasers of those homes are protected by a limited warranty against certain specified defects. Although homeowners are responsible for the regular maintenance of the newly-constructed home, this program allows builders to warrant that the new home will be free from specified deviations from the Warranty Standards set forth in Part V of this agreement and from structural defects as defined in Part II of this agreement. NOTE: This Umited Warranty Agreement includes a procedul'8 for intonnal settlement of disputes. Homeowners should read this entire Agreement carefully in order to understand the protection which it provides, the exclusions which are applicable to it, and the Warranty Standards according to which the Builder's compliance will be measured. For additional information. contact asw at (717) 737-2522. The following pages describe in detail the aBW Umited Warranty Agreement. Part II defines the transactional terms used in the agreement. Part III sets out the problems and defects not covered by this Agreement. Part IV highlights the protection provided by the Agreement. the rights and respcnsibilities of the parties. and other general terms and conditions that affect coverage under the Agreement. Part V sets forth the technical Warranty Standards against which the Builder's compliance will be measured. Part VI details the procedure for filing complaints under the Agreement. Homeowners should carefully review the claims procedure. including the provision for informai settlement of dispL~es. in order to preserve their rights under this Agreement. Finally, this Agreement contains the Enrollment form to be completed by the parties who want to take advantage of the protection offered by asw through this Umited Warranty Agreement. Homeowners should note that this limited warranty is automatically transferable without cost to subsequent purchasers of the home during the life of the AgJ'1l!e111ent. This limited warranty is non- cancellable by aaw or Its insurer. II. Definitions For the purpose of this agreement. and as used in this agreement. the following definitions shail apply: A. PurchaserlHomeowner. Shall include the first person to whom the home is soid and any and all successors in title. lessees having a leasehold interest in the home of at least ~;O years. and a mortgage in possessIon. B. Builder. The person. corporation. partnership or other entity whic:h is a participating member of asw, who is a named insured under the insurer's policy. C. Insurer. The established insurance company which insures the performance of warranty obligations at the time this Agreement is executed. D. Home. A single-family dwelling unil or a two-or-more unit structure which may be conveyed as a single unit. As used in the Agreement. the common elements which comprise 1he building in which a condominium Ul11t is situated are also included in the definition of "Home: E. Major Structural Defects. 1. Only actual physical damage to the load-bearing portion of the home or damage to the home itself. damage due to subsidence, expansion or lateral movement of the soil (excluding movement caused by flood or earthquake) which affeds its load-bearing function and which vitally affects or is imminenUy likely to vitally affect use of the home for residential purposes. The load-bearing portion of the home is defined as the !ramin!l members and the structural elements that transmit both dead and live loads of the home to the supporting !lTOUnd. Examples of load-bearing elements are: roof rafters and trusses: ceiling and floor joists: bearing partitions: supporting beams. columns. basement and foundation walls. and footings. The following are excluded as major structural detects: -1- (REV. NEW JERSEY 9100) 1) Changes by the owner to the established grade lines affecting basement and foundation walls: 2) Movement caused by flood or earthquake: 3) Actuai or resultant damage caused by lightning, tornado. unnatural high winds or hurricanes: 4) Damage caused by additions or alterations to the home: 5) Improper loading over and above the design criteria for which that portion of the house was intended: 6) Resultant structural damage due to fire: 7) Changes in the water level which is caused by new deve.lopment in the immediate area or can be directly traced to an act of nature: 8) Water seepage in basement or crawlspace after the fimt year of coverage. 2. A structural failure will not be considered a defect until it has been established by Quality Builders Warranty Corporation as an actual or pending structural failure of some part of the load-bearing system as defined in (1) above. To be eligible. such defect does not have to render the home uninhaoitable. however. it must be of such a serious nature that it vitaliI' affects the use of the home for residential purposes. F. Soil Movement. Subsidence. expansion or lateral movement of the soil. but excluding floods and earthquakes. G. Fixtures, Appliances and Equipment. Water heaters. pumps. stoves. refrigerators. compaclOrs. garbage disposals. stoves and ranges. dishwashers. w~lshers and dryers, bathtubs, sinks. commodes. faucets and valves. lights and fixtures. switches. outlets. circuitbreakers, thennostats. furnaces ano oil tanks. humidifiers. oil purifiers. ventilating fans. air conditioning material and similar items. H. Electrical System. All wiring, electrical boxes, and connections up to the public utility connection. I. Plumbing System. All pipes. supply and waste. and their filtings. Including septic tanks and their pipe drain fields. on-site wells as well as gas supply lines and vent pipes. J. Cooling, Ventilating and Heating Systems. All ductwork. refrigerant lines. steam and water pipes. registers. convectors and d'lmpers. III. Exclusions In addition to the non load-bearing elements excepted from the detinitlon of Major Structural Defects. the following damages. losses. deficienCies or defects are not covered by this Agreement (in addition to those named on the Enrollment form of thiS Agreement): A. Any portion of a covered home which is not completed by the warranty date: except that. after completion. such portions will be covered until the end of the warranty period specified for that portion. pursuant to the Limited Warranty Agreement. In 0111 cases. the warranty period shall be deemed to have commenced on the warranty date. B. Defects in outbuilding (except that outbuildings which conta.n the plumbing, electrical. heating. or cooling systems serving the home are covered). swimming pools and other recreational facilities. driveways, walkways, unattached patios, boundary walls, re!laining walls which are not necessary for the home's structural stability, fences, landscaping (including sodding, seeding, shrubs. trees and plantings), offsile improvements. or any other improvements not a part of the home itself. C. Bodily injury. damage to personal property. or damage to real property which is not part of the home. D. Any damage to the extent it is caused or made worse by: 1) Negligent or improper maintenance or improper operation by anyone other than the builder or his employees. agents or subcontractors. or: 2) Failure of anyone other than the builder or his employees. agents or subcontractors to comply with the warranty requirement of manufacturers of appliances. equipment or fixtures. or: 3) Failure to give notice to the builder of any defect withm the time frame established under the Limited Warranty Agreement. 4) Changes of the grading of the ground by anyone otherthan the builder. or his employees. agents or subcontractors. or: 5) Failure to take timely action in emergent cases to minirr;:ize any loss or damage. (REV. NEW JERSEY 9100) 2 E. Any defect in. or caused by, materials or work supplied by anyone other than the buiider, or his employees. agents or subcontractors. The builder sh13l1. however. be responsible for any defects in or ciamage to any materials or work not installed by the builder when the defect or damage is the direct consequence of defects in materials or work installed by the builder which is not in accordance with accepted industry standards: F. Normal wear and tear or normal deterioration in accordance with normal industry standards: G. Accidental loss or damage from acts of nature such as. but not limited to: fire. explosion. smoke. water escape, changes which are not reasonably foreseeable in the level of the underground water table. glass breakage. windstorm. hail. lightning, fallin9 trees, aircraft. vehicles. flood and earthquake. However. soil movement (from causes othe,r than flood and earthquake) is nO! excluded: H. Insect damage; 1. Any loss or damage which arises while the home is being used primarily for non-residential purposes: J. Changes. alterations. or additions made to the home by anyone after imtial occupancy, except those performed by the builder as his obligation under this; program: K. Any defect caused to a fimshed suriace material or any work supplied by anyone other than the BuilderlWarrantor. or his employees. agents. orsubcontrac1:Ors in that. it is determmed the Installer has accepted the Builder/Warrantor's surface to apply the finish material: L. Any materials and/orworkmanship furnished and installed by the Builder/Warrantorthat does nO! comply With the specificatiOns in a sales agreement or contract which is not deiective: M. Consequential damages to personal property are excluded. consequentiai damages to real property as a result of a deiect or repair of a defect are covered. Other exclusions are included in the warranty standards to better define those standards and are identified lly "Exclusion." IV. General Tenns and CondltlonsIRlghts and Responsibilities A. Coverage Provided. This Agreement provides the following protection. effective as of the date on the Enrollment form: 1. During the first year of this Agreement. and subject to the terms and conditions listed herein. your Builder warrants your .home against faulty workmanship and materials. defects In appliances. fixtures and equipment, defects in wiring. piping and duct work in the electrical. piumbing, heating, cooling, ventilating and mechanical systems. and Malor Structural Defects (See Definition. Section II-E) due to non-compiiance with the Umited Warranty StandardS. 2. During the first and second years of this Agreement, and subject to the terms and conditions listed herein. your Builder warrants that your 'home's cooling, heating. and ventilating. electrical and plumbing systems will be free from defects due to non-compliance with the Umited Warranty Standards set forth in Section V of this document. Your Builder further warrants that your home will have no Major Structural Defects in that period. (See Definitions. Section II-E). Umited Warranty coverage on appliance. fixture and equipment defects is for only one year. The Manufacturer's warranty may provide longer coverage. No warranty on appliances. fixtures or equipment shall exceed the len9th and scope of the warranty offered by the manufacturer. 3. In years three through ten of this Agreement. aBW warrants that your home will be free from any Major Structural Defects as that term is defined in Section II-E of this document. 4. The Builder is the warrantor during the first two years of this Agreement. CBW through its insurer provides insurance coverage insuring the Builders performance hereunder during the first two years of this Umited Warranty and is the warrantor providing insurance protection, through its insurer, against Major Structural Defects, as defined in Section B. during the third through tenth years of this Warranty. auality Builders Warranty Corporation ("CBW") will administer the limited warranty prol~ram for participating Builders. The protection provided under the limited warranty prclgram is automatically transferable to subsequent Purchasers during the ten year term of this Agreement. B. Rights and Responsibilities. If any defect subject to the terms and conditions of this Agreement occurs and fails to meetthe Umited Warranty Standards, within the first two years, your Builderwiil repair. replace or pay you the reasonable cost of repairin9 or replacing the defective item. If your Builder fails to perform. aBW will. aBW will repair or replace. or pay you the reasonable cost of repairing or replacing, the defect or item determined to cause a Major Structural Defect in years three through ten. In any case, actions to correct Major Structural Defects will be limited to those necessary to restore load bearing capacity or to repair any deiects which make the home unlivable. 3 (REV. NEW JERSEY 9/tX C. General Conditions. Nc....lthstanding your Builder's responsibility" maintain the standards established by this Agreement, the following conditions will apply: 1. The decision whether to repair or replace. or to pay the reasonable cost of repair or repiacement, resides with the Buiider. If the Builder is unabie or unwilling to perform. the decision resides with OBW. (II the Builder or QBW is not affclfded the first right to repair or resolve, no warranty coverage will be effective on that item a~ld no rights lor any recovery or reimbursement shall be pennitled. The choice 01 the method 0>1 repair resides with the Builder or QBW.) 2. This Agreement is subject to certaindeductibles. II your Builder or OBW performs its obligations under this Agreement, you agree that upon request you will assign the proceeds of any other insurance or warranty which you may own covering the same defect to your Builder or QBW. as the case may be. Such assignments shall not excee,d the cost and expenses to your Builder or OBW to perform its obligations under this Agreement. 3. When your Builder or OBW completes its obligations under this Agreement, you agree to sign and deliver to your Builder or OBW a full and unconditional release of all legal obligations with respect to that defect 4. Actions taken to cure defects hereunder will not extend specllfied periods of coverage. 5. The total liability of this Umited Warranty Agreement is limited to and shall not exceed the sales price of your home, as stated on the Enrollment form of this Agreement. 6. . II your Builder does not fulfill his obligations for years one and Itwo underthis Agreement. OBW will be responsible for his obligations, subject to the deductible in Section IV-C-8, infra. 7. In years three through ten. or in years one and two if the Builcierfails to perform. the decision whether to repairor replace. orto pay you the reasonable cost of repairing orreplacing, resides with OBW. 8. OBWs liability hereunder. for a Major Structural Defect ciaim in years three through ten, is subject to a one time deductible of $250. 9. When the Builder finishes repairing or replacing a defective itllm or prior to the Builder paying you the reasonable cost of doing so. you must sign and cleliver to the Builder a full and unconditional release of all legal obligations with respect to the defect. If OBW fulfills such obligations ofthe Builder, you must sign and deliver to OBW a full and unconditional release of all legal obligations of OBW with respect to the defect wloen OBW finishes repairing or replacing a defective item or prior to OBW paying you the reasonable cost of doing so. 10. Other than the Expressed Warranties contained herein. there are no other warranties expressed or implied including Implied Warranty of Merchantibility or Implied Warranty for Particular Purpose, which implied warranties are specifically excluded. D. Condominium Coverage. II your claim involves a common element in a condominium. it may be made only by an authorized representative of the condominium association. Subject to that limitation, however. coverage will include common elements of the condominium structure used for the residence ofthe structure. such as hallways, meeting rooms or other spaces. and any part of the cooling. ventilating, heating. electrical or plumbing systems that service two or more residential units. Common elements will be covered for the same periods and to the same extent as comparable items which are part of individual homes. The deductible for a Major Structural Defect. in years three through ten. under condominium coverage is an aggregate $250 per claim affected by the common elements defect. E. General Tefl'ls Governing Interpretation and Operation. Certain generally applicable terms and conditions will govern th'e interpretation and operation of this Agreement. These terms and conditions are: 1. It is intended that the use of one gender herein includes all g.enders and the singular includes the plural. 2. This Agreement includes the entire agreement of the parties, and cannot be modified. altered or amended in any way except by a formal written instrument:signed by all ofthe parties hereto. 3. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which the home is located. 4. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 5. This Agreement is separate and apart from your contract with your Builder. It cannot be altered or amended in any way by any other agreement which you h!lve. Contractual matters shall not involve OBW. (REV. NEW JERSEY 9100) 4 ,- -..... -,. Q) t. 6. Your Builder must assign to you and provide you copies at all manutacturers' warranties on products included in the sales price of your home. 7. All notice required hereunder must be in writing and sent by certified mall (return receipt requested), postage prepaid, to the recipient at the respective address shown on this Agreement, or to whatever other address the party may designate in writing. 8. This Agreement is deemed to be binding on the Builder, aBW anlo the insurer and the purchaser, his heirs, executors, administrators, successors and assigns. 9. Whatever timely performance is called for hereunder, the time lheretore shall be extended to the extent performance is delayed by an event not caused by the conduct at the person obilgated to perform. Such events include acts at God or the common enemy, or riot. civil commotion or sovereign conduct. V. Warranty Standards A. The applicability at these Warranty Standards is conditioned upon Ihe purchaser's proper maintenance at the home to prevent damage due to neglect. abnormal use or improper maintenance. Common elements wiil be covered tor the same periods and to the same extent as comparablE> items which are par;.:>tindividuai homes. B. The applicability at these Warranty Standards is conditioned upon the fact that your home is constructed in comoliance with the local building codes as well as one at each group of the following model codes or the Mimmum Property Standards at the U.S. Department at Housing ana Urban Development: One and Two Family Dwelling Code BOCA Basic Buiiding Code Standard Building Code. Southern Building Code Congress Uniform Building Code National Building Code BOCA Basic Mechanical Code Uniform Building Code. Volume II. Mechanical Standard Mechanical Code. Southern Building Code Congress Electrical Code tor One and Two Family Dwelling National Electrical Code BOCA Basic Plumbing Code Uniform Plumbing Code Standard Plumbing Code. Southern Building Code Congress C. The table below establishes the standards by which it will be detemlined whether your home has a problem or detect covered by this policy and whether it is the obligation of your Builder. aBW or its insurer to correct these detects. Where specific standards and obligations are not set fc.rth, the standards shall be the generally accepted Industry practice tor workmanship and materials. 5 tAE'1. NEW JERSEY 9/00) WARRANTY STANDARDS AND COVER,AGE FOR YEAR ONE Possible Deficiency Builder/WalTantor Responsibility Perlonnance Standard Grading: Settling of ground around foundation walls. utility trenches orather areas or. the prooerty where excavation ane bacK fill have taken piace that affect aralnage away from the house. Drainage: Improoer grades ana swales 'Nnlch cause stanolng water ana aftec~ the aralnage In the ,mmeOlate area surrounOlng the home. ~ Grassed or landscaped areas wntch are olsturbed or damagea aue to worK on me procertv In correcting a deficIency 1 CaSi:-m place concrete: Basement or foundation wall cracks. other than expan- sion or control joints. 2. Cracking of basement floor. 3 Cracking of attacneo garage floor slab (REV. NEW JERSEY 9/00) (A) SITE WORK Settling of ground around foundation. walls. utility trenches or other filled an:!as: which exceeds a maximum of six inches from finished grade establisneo by the BUlloer/Warrantor, Necessary grades and swales shall be established to provide proper drainage away tram the house. Site drainage under :hls warranty is limlteo to those immetliate grades and swales surrounding the hClme. Standing or pan ding water within the immediate surrounding area of the hCJme snail not remain for a Deriod longer than 24 hours after a rain. Where swales are draining from adjOIning propel1ie!i or where a sump pump discharges. an ex~ tended period of 48 hours is to be allowed for the water to dissipate. The possibility of stancing water after an unusually heavy rainfall should be anticipated ana IS not to be considered a deficiency. No grading determination is to be made wtllle there IS frost or snow or when the ground IS saturated. Landscaped areas which are disturbed dunng repaIr worK is a defect. (B}CONC:RETE Non-structural cracks are not unusllal in concrete foundation walls. Cracks one- eighth inch in width or greater are con- sidered excessive. Minor cracks in concrete basementfloors are common. Cracks exceeding one quarter inch width or one quarter inch in vertical displacement is a deficiency. Cracks in a garage floor slab in eXCE!SS of one quaner inch in width or one quarter inch in vertical displacement is ~l de- ficiency. 6 If Builder/W;arramor has provided final grading, Builder, shall till settled areas affecting proper drainage, onetime only. dunng the first iyear Warranty perioa. 8uilderiWarrantoris then responsible for removal and reolacement of shrubs ana other landscaping installed by the buiider,Warrantor affected by piscernent of the fill. Responsible tor initially establishing the proper grades. swales and drainage away from the home. The owner is responsible for mamtaining such grades and swales once property established by the Builder/ Warrantor to prevent runoffs and erosion of the soil. Standing or ponding water on the property which does not directly affect the immediate area surrounaing the foundation of the home. caused by unusual grade conditions. retainage of treed areas. or sodding done by the home- owner IS not considered a defect. Soil erosion and runoff caused by failure at the owner to maintain the proper1y estab- lished grades. drainage structures and swales. stabilized SOIL sodded. seeded and lanascaped areas. are excluded from the Warranty. . Restore grades. seed and landscape to meet onglnal condition. Replacement at trees and large bushes which existed at the time the house was constructed or those added by. the owner after OCCU- pancl or those which subsequently die are excluded from Warranty Coverage. Repair non-structural cracks in excess aT one-eighth inch by surface patching. These repairs should be made toward the end of the first year of ownership to penn it normal stabilizing of the home by settling. Repair cracks exceeding maximum toler- ance by surface patching or other meth- ods. as required. Repair excessive cracks by chipping out and surface patct'ling or other methods. as may be requireo. Possible Deficiency PMarmance Standard Builder/Wanantor Responsibility 4. CracKs in attached patio slab. 5. CracKS in concrete slab-on grade floors. with finish floonng. 6. Uneven concrete floor slabs. 7 Pitting, scaling or spailing of concrete work. ~. Excessive powaering or chalking of concrete surfaces. 9. Separation of brick or masonry edg- ing from concrete slab aoO step. 10. Separation or movement 01 concrete slabs within the structure at construction and control joints. 1. Unit masonry (brick. biock and stone): Cracks in non-bearing or non- supporting walls. 2. Cracks in bearing or supporting masonry walls. Cracks in excess at one Quarter inch in width or one quarter inch in vertil:al displacement are defects. An "attached patio" is defined as a concrete patio slab on grade which is an integral part of the home being structurally supported by footings. block waJls. or reinforced c(m- crete and connected to the foundation. Patio slabs which are poured separatE,ly, and abut the house are excluded fmm warranty coverage. Cracks which rupture or significantly im- pair :tie appearance or performance of the finIsh floonng matenal. is adericiency. Exceot for basement floors or wherle a floor orportionotfloor has been designed for specific drainage purposes. concrete floo", in rooms designed for habitability shall not have pits. depresSions or are,!! of uneveness exceeding 1/4 inch in 32 Inches. or slopes in excess ot 1/24CI at room width or length (i.e.: 10.0 wide room - not to exceed 1/2 inch ou:t of leveh. Concrete surfaces shall not disintegrate to the extent that the aggregate is exposed and loosened under normal conditions of weathering and use. Excessive powdering or chalking of con- crete surfaces is a deficiency, but ShCIUid not be contused with normal surface dust that may accumulate for, a shan' period after the home is occupied. It is common forthe jointto crack between concieteand masonry due to the dissiml- lanty of the materials. Cracks in exce;os of one quaner inch is a deficiency. None. Concreteslabs within the structure are designed to move at construction and control join1S and is not a deficie"cy. (C) MASONRY Smail shrinkage cracks are not unusual running through masonry and m()nBr joints. Cracks in excess 01 one-ei~~hth inc:'l in width is a deficiency. Vertical or diagonal cracks which del not affect the structural ability of masclnry bearing walls, are not unusual. Crac~<s in excess of one-eighth inch in width <:lre a defic:ency. 7 The Builder/Warrantor shaJl make repairs as required. Where cracks are caused by settlementorimproperinstaJlation. Build- er/Warrantor shall replace that portion which has settled and finish as ctose as possible to match the existing surface. Where a major portion at the patio has cracked. the entire slab shall be replaced. Determine the cause for the cracking, and correct (remove and reciace if r~ quired). Repair cracks as reauirea. so as not to be aoparent when the fimsh floor material is in place. Repair or replace finish floonng. Determme cause and repair/replace to meet the Standard. Where acplicable. surface patching is an accepted methoc of reoair. Reinstall or replace any finisn f100nng material as necessary. Take whatever corrective action IS neces- sary to repair or replace defective con- crete surfaces. Deterioration caused by salt, chemicals. i~plements used ana other factors beyond Builder/Warrantor control are excluded from the Warranty. Take whatever corrective acrion is neces- sary to treat. repair or resurtacedefective areas. Grout crack fully and reset loose masonry wi1ere reouired. Replacement of masonry material. if required. shall match the existing as close as possible. None. Homeowners responsibility: Main- tenance of joint material. Repair non-structural shrinkage cracks in excess Of 1/8 inch by pointing or patching. Repairs shaH be made near the end of the first year warranty period. Repair shrinkage cracks in excess of 1/8 inch by pointing or patching. Where the structural integrity of the wail is affected. suitable repair or replacement snail be done to eliminate the condition. (REV. NE'# JERSEY 9100) Possible DeftcienC'/ Perfonnance Slandard Builder/Warrantor ResponsibiRty 3. Honzontal cracks in basement and foundation waJls. 4 Cracks In masonry walls or veneer aOQve grade. ..... Cracking. settling, or heaving 01 stoOps and steps, 6. Stanaing water on stoops. steps. porches. and attacned concrete patios. i Crackmg or soalling OT Stucco ana cement plaster. 1. Floorssqueak.dueto improperinstaf- lation or loose subfloors. Uneven wood framed floors. (REV. NEW JERSEY 9/00) HonzonW cracks in the joints at masomy waJls are not common but may Qc::::ur. Cracks one-eighth inch or more in width are deficiencies. Small cracks are common in mortar Joints at masonry construction. Cracks one--eignth inch or greater in width are aeticlencies. Stoops and steps are not to settle or heave in excess of one inch in relation to the house structure. Cracks. except h,alr- line cracks less than one-eighth inch. are not acceptable in concrete stoops. A separation of up to one-half inch is permitted where the stoop or steps abut the house or where an expansion srnp has been installed. Standing water is a deficiency if it is a hazard to individuais and/or causes damage to the home. or in cases where standing water exists due to settlement or heaving as defined unoer paragraph above. Hairtine cracks in stucco or cement pl.3St- er are common especially if applied directly to masonry back-up. Cracks greater than one-elghth inch in widtt1 or spalling of the finish surlace is a defi~ clency. (D)CARPENTRY{ROUGH~N) A large area of floor squeak whicl, is noticeable. loud and objectionable is a defect. Squeak proof floor cannot be guaranteed. an isolated floor squea,K; is not a defect. Floors which are more than one quarter inch out of level within any 32 ilnch measurement is a deficiency. Roar sllope within any room which exceeds one-two hundred fortieths of the room width or length is a deficiency (that is. 10'0" wide room - not to exceed one-half incn out of level). 8 The BuilderJWarrantor shall repair cracks betWeen one-eighth and three-sixteenths inch in width by pointing and patching. Crncks exceeding three-sixteenths inct shail be investigated by the Builder to determine the cause. Builder shall take the necessary steps to remove the cause and make repairs by pointing and patcn- ing, reinforcement or replacement of the detective courses. Repair cracks and voids in excessot one- eignth inch by surface pointing. These repairs snouJd be made toward the end otthefirsr:yearwarranty penodta permit the home to stabilize and normal settle- ment to occur. Builder/Warrantor is not responSible for color variations between eXisting and new mortar. However. it shall be made to match as close as possible. Take wnatever corrective action is requir- eO to meet acceotable standards. I n a case wnere repair is made to the concrete surface. it is required that such repair match the adjoining surfaces as closely as possible or the entire area be resur- faced or replaced. Take wnatever corrective action is neces- sary to eliminate stanoing water. Scrape out cracks and spalled areas. Fill with cement plaster or stucco to match fimsh and color as close as pOSSible. Builder not responsible for failure to match color or texture. due to nature at the matenaL Correct the problem if caused by faulty construction within reasonable repair capability. Where a finished ceiling exists under the floor, the corrective work may be attempted from the floor side. Where necessary, remove the finish floor ma- terial to make the repair and reinstall or replace if damaged. Correct or repair to meet the allowances at the acove standard. Possible Deficiency pertormanca Standard Builder/Warrantor Responsibility 3. Bowed stud wails or ceilings. 4. WOOd frame walls out of plumo. .... WarpIng, cnecl<ing or sptitnng 01 waoo framing. 6. Extenor sheathmg ana subfloonng whicn delaminates or swells. 1. Unsatisfactory quaJity of finisned ex- tenor trim ana workmansnip. ? Unsatlsfac-:ory Quality at finisheo in- terior trim ana workmansnic. ~. Surfaceaefects In fimsned wQoowork and millwork suen as cnecks. solits. and hammer marks. 4. Exposed nail heaas in woodwork. All interior and exterior frame wails or ceilings have siight variations on the finish surtaces. Bowing should not be visible so as to detract from the finist1ed surface. Wallsorceiiings should nott:IQw more than one-quarter Inch within a 32 inch horizontal or vertical measuremlmt. WOOd frame wallswnlch are out 01 plumb more than three quarters inch in an eight foot vertical measurement IS a deficiency. Minor waroing, checking or splittin9 of wood frammg IS common as the WOOd dries out. ana is not consicerea a defi- cIency. Sheathing anasubfloonng when propl~rly installed for Its intenced use and delamI- nates or swells on the side a finish material has ceen applied is a oeficiency. (El CARPENTRY (FINISH) Joints betWeen exierior trim eiements. and siding or masonry which are in axcess ot three-eighths inch is a defi- cIency. In all cases. the exterior lnm abutting masonry and siding shall be capable at peOOrming Its tunc:ton to exciude the elements. JOints between moldings and adjacent surfaces wn;ch exceeo 1/8 inch In Width IS a detect. Finished woodwork and millwork is TlJ be smooth and without surface marks. F;n- Isned surlaces which fall beyond the limits at the Quality Stanoards of the Architectural Woodwork Institute is a deficIency. Material used to fill nail holes hetS a tendency to shrink and dry up attler a period of time and is not considen!d a deficiency. Nail holes which have not been tilled on finished painted wood worle is a deficiency. Exterior and interior trame walls or ceil- ings bowed in excess of the allowable standard shall be corrected to meet the allowances at the standard. Make necessary repairs to meet the atJow- ance standard. Where a problem eXists and the surface material IS affected. Builder snail repair. reo lace or stiffen the frame member as reaUJreo. The Builder/Warrantor shall repair or replace subflooring or sheathing as r~ qUlred. Replacement of the fimsh mater- ials when necessary shall be done to match the eXIsting as closely as pOSSible Repair open loints and 'touch up finish coating where required to match eXisting as close as pOSSible. Caulk open jOlOts between diSSimilar materials. RepaIr detective jOints and louch up finIsh coating where reaulred to mate:' as close as pOSSIble. Correct repaIrable defects: sanding. fil- lina. or puttymg is acceotable to retum the surface to its origimll conditIon. R~ place material not repairable. retinlsh and restore to match surrounding sur- faces as closely as pOSSible. Fill nail holes where reouired and if necessary, touch UP paint to match as close as possible. Nail holes do not have to be filled where the surface finish is not conducive or so designed to have nail holes filled because of the product 1. Waterproofing: Leaks in basement or in foundation/crawlspace. (F) THERMAL AND MOISTURE PROTECTION L.eal<s resulting in actual trickling ot water through the walls or seeping through the floor are deficiencies. Leaks cause<i by landscaping improperly installed by clwn- er, orfailure by owner to maintain proper grades are excluded from the wam:ilnty. Dampness in basement ana foundation walls or in concrete basement and cr:awl- space floors is often common to new construction and is not a defic:ency. 9 Take SUCh action as is necessary to correct basement and crawlspace leaks. except where the cause is determined to be the result at owner negligence. Where a sump pit has been installed by the Builder/Warrantor in the affected area but the sump pump was not contracted for or installed by the Builder/Warrantor. no action is required until a property SiZed pump is installed by the owner in an attempt to correct the condition. Should the condition continue to exist. then the Builder/Warrantor shalt take necessary action to correct the problem. {REV. NE'N JERSEY 9/00\ Possible Deficiency Perionnance Stand8rd Builder/Warrantor Responsibility 2. Insulation: Insufficient insulation. 3. Louvers and vents: Insufficient attic and crawtscace ventilation. d Leaks due to snow or driven rain through louvers and vents. 5. Exterior siding: Delammatlon, split- ting, Jomt separation or deterioration of extenor siding. 6 Damaged siding or broken shingles. 7. Loose or fallen siding. 8. Rooting: Roof or flashing leaks. 9. Wfted. curled or tom roof shingles. 10. Standing water on built-up roofs. 11. Sealants: Water or air leaks in ex- tenor walls due to inadequate caulking. (REV. NEW JERSEY 9/00) Insulation which is not installed around all habitable areas in accordance with established codes is a deficiency. Attics and crawispaces which are not property vented causing mOisture to accumulate resulting in damage to sup- porting membern or insulation is a de.- ficiency. Improcerly installed louvers and vents that permit penetration 01 the elements under normal conditions is a deticlem;y. Properly installed louvers or vents may at times allow penetration at ram or snow under strong wino conditions and is nClta deficiency. Exterior siding wIth jOint separations or which delaminates. solits or deteriora'tes is a deficiency. Damaged Siding or broken shingles 15 a deficIency if documenteo on a pre-dOSing walk through inspection form. If no walk througn repon eXists the deficlency stlall be reported in wrlting within 30 days of occupancy . All Siding which is not lnstallea prope~rjy so as not to come loose or fall aff i:s a deficiency. Roof or flashing leaks that occur unljer normal weather conditions is a deficiency. Exclusion: Where cause ;s determined to result from severe weather conditicms such as ice and snow buiid-up; h:igh winds and driven rains. Roof shingles which lift or curl during the first year of warranty coverage or tear loose during normal weather conditions is a deficiency. A properly pitChed built-up roof is to drain water except for minor ponding. Standing or ponding water is not CIJn- sidered a deficiency. Dead flat roofs will retain a certain amount of water. exces- sive ponding otwaterwhich causes leak- ing of the built-up roof is a deficiency. Joints and cracks in exterior wall sUrta1ce5 and around openings which are not prlo~ ertycaulked to excludetheentryofwc:lter or excessive drafts is a deficiency. 10 The Builder/Warrantorshall install insula- tion of sufficient thickness and character- istics to meet the codes. In the case of dispute. cost for investigating the suffi. ciency of insulation and restoring areas to prior condition is to be borne by the horneownerif it is found that the standard has been met by the Builder. The BuiiderlWarrantor shaH install prop- erly Sized louvers or vents to correc: deficiency. Take necessary steps to eliminate pene- tration ot rain or snow unoer normal conoitions if it is oetermined the Installa. hon was Imorooer. Repalrl replace only the damaged Siding. Siomg to match the anginal as close as possible. however. the owner shall be aware that the newtinish may not exactly match the original surface texture or color. The Builder/Warrantor shaH replace or reoair damaged siding if noted on a pre- closing walk through inspectIon form. if Builder/Warrantor .does not perform a pre-closmg walk througn then the BUlider/Warrantorwil1 be responsible tor the aeticlency if reoorted by the owner. Reinstall or replace Siding anO make :t secure. Correct any root or flashing leaks Wnlc:, are verified to have occurred under nor- mal weather conditions. Repair or replace lifted. curied or tom shingles. Repair all leaks due to or caused by standing water. Repair and/or caulk joints or cracks in exterior wall surtaces as required to cor. re~ deficiency one time during the first year of the warranty period. Owner responsibility: Maintain caulking once the condition is corrected. PoSIIible Deficiency Pertonnance Stanciarti Builder/Warrantor Responsibility '2. Sheet metal: Gutters and down- spouts leak. 1. Warpage at intenor or exterior doors. 2. Door binds agamst jamb or heao of Claar frame. Does not lock. 3. Door Panels shrink and expose bare wood. 4. Door panels split. 5. Bottom of doors rub on carpet ,uriace. 6. Excessive opening at the bottom of interior doors. 7. Garage doors (attached garage): Garage doors fail to operate or fit property. 8. Malfunctions at wood. plastic and metal windows: Gutters and downspouts which leak i:s a deficiency. Gullerswhicn are improperly pitched to drain water is a de1iciency. Standing water in gutters is acceptabh:! if it does not exceed one inch in depth. (G) DOORS AND WINDOWS Interior and exterior doors that warp so as to prevent normal closing and fit i:s a deficiency. The maximum ailowablew:ar- page at an interior door is one-quarter inch when measured from top to bottnm vertically or diagonally. Passage doors that do not open and close freely without binding against the door frame is a deficiency. Lock bolt iSi to fit the keeper to maintain a closed position. None. Door panels will shrink due to the nature of the material. exposing bare wood at the edges and is not a deficiency. Door panels that have split to allow liqht to be visible through the door iSi a deficIency. Where it is understood by Builder/Warr.;m- tor and Homeownerthat carpet is planned to be instaJled as a floor finish. whether by the Budder/Warrantor or Homeowner. the bottom of the doors which rub or disturb the carpet is a deficiency. Wht~re carpet is selected by the Homeowner having excessive high pile. the Home- owner is responsible fer any additional aeor undercutting. Passage doors from room to room that have an opening betWeen the botton'! of the door and the floor finish material in excess at one and one-half inches is a deficiency. Closet doors having an 01>'0- ing in excess of two inches is a deficiency. Garage doors 1I1at do not operate and fit 1I1e door opening wi1l1in 1I1e manufac- turer's installation tolerances is a d,efi- ciency. Some entrance of 1I1e eiernenlS can be expected under heavy wea1lher conditions and is not considered a deficiency . Windows which do not operate in cl:Jn- formance with manufacturer's design standards is a deficiency. 11 Repair leaks and pitch gutters to drain property to meet standard. Owner re- sponsibility: Responsible to keep gutters and downspouts free from leaves and debris to prevent overflow. Repair or replace as may be required. New doors to be refinishec to match the original as close as possible. Adjust ooor and keeper to acerate freelY. None. If light is visible. fill crack and fimsh panel to match as close as possible. Correct one time during first year at warranty. If pan~ cannot be repaired to hide crack. the panel or the door itself shall be replaced and finished to match anginaL Undercut doors as reQUlreo. Make necessary adjustment or replace door to meet the required tOlerance. Make necessary adjustments to meetlhe manufacturer's installation tolerances. No adjustment is required when cause is determined to result from the owner's installation 01 an electric door opener. Consult with manufacturer when neces- sary and make necessary adjustments for windows to operate and meet the Standard. (REV. NEW JEFlSEY 9100) Possible Deficiency Perlonnance Standard Builder/Warrantor Responsibility 9. Double hung windows do not ~..ay in place when open. 10. Conaensation or frost on wincow frames and glass. :, Hardware does not work prooeny, rails :0 lock or perform Its !ntendea purpose. ,2. Storm doors ana wmaows do nor operate or tit properly. I";;. Screen panels do not ~it property. Screen mesh IS torn or damaged. 1.:1 Weatherstnpplng and seals: Drafts aroune doors and wIndows. 15. Broken glass. , 6. Clouding and condensation on in- side surfaces of insulated glass. I. Cracks In plaster wall and ceiling surfaces. (REV. NEW JERSEY 9/00) Double hung windows are permitted to move within a two inch tolerance. up or down when put in an open position. ,Any excessive movement exceeding the tnler- ance is a deficiency. None. Window glass and frames will collect conaensation on the frame and glass surtacewhen humidity and temper- ature differences are present. Conden- sation IS usually the result of temperature! humidity conditions in the home. All hardware installed on doors and Win. dOWS wnIch does not operate properly is a deficiency. Storm doors and windOWS when instculea and do not operate or fit properly to provide the protection for which they are Intended is considered a deficiency. Rips or gouges in the screen mestl re- ported on a pre-closing walk through inspection report or openings betvl,een the screen panel and frame are detic:ien- cies. The owner shall be responsible to notify Builder/Warrantor within 30 days from the warranty date or the dam on which the screens are furnished if there was no pre-cJosing walk through inspec- tion. Weatherstnpplng IS required on all doors leading directly to the outside fmm a habitable area. Some infiltration is nor- mally noticeable around doors and win- dows. especially during high winds. Ex- cessive infiltration resulting from opening in poorty fitted doors or window$. or poorly fitted weatherstripping is a defi- cIency. Broken glass isa deficiency if it is reported on a pre-closing wajk through inspei::tion report. Owner shall notify the Builder! Warrantor within 30 days from wan-anty date if no pre-ctosing walk through In- spection report exists. Insulated glass whicl1 clouds up 0" has condensation on the inside SUrtacl!S of the glass is a deficiency. (H) FINISHES Noticeable cracks in plaster wall and ceiling surlaces is a detidency. 12 Adjustsash balances onetime only during the first year warranty period. Instruct the owner on the method of adjustment for future repair. None. The BuJider/Warrantor snail adjust. repair or replace hardware as reqUIred. The Buiider/Warrantorshal1 makeneces- sary adjustments10r properiit and opera- tion. Replace wne" adjustment can not be mace. The Builder/Warrantor shall reaair or repiace rips ana gouges in the screen mesh jf reponed on the pre-closing walk through inspection. The screen paneis shall be adjusted to fit property in frame one time only during the first year of warranty. If there is no pre-closing walk through inspection the Builder/Warrantor IS responsible to repair deficiency when reported by owner. The Builder/Warrantor shall adjust o~ correct poorly fitted Windows or door or poorly fitted weatherstnpplng. The Builder/Warrantor shall replace if reported on a pre-closmg walk through inspection report. If no report exists. the Bulider/Warrantor shall replace if defi- ciency is reported by owner. The Builder/WanantorshaJl replace glass in accordance with window and glass manufacturer's requirements. The BuilderlWarrantorshall repair cracks and touch up paint to match as close as possible. one time only. Such conditions should be reported near the end ot the first year warranty date to allow for normal movement in the home. Possible Deficiency ~ormance Standard Builder/Wanantor Responsibility 2. Gypsum wallboard: Detects caused by poor workmanship such as cracks over door and window frames. over arch- ways. blisters in tape. excess compound in joints. exposed corner beads. nail pops. or trowel marks. 3. Hard suriace flooring (flagstone, marble. quarry tile. slate. ceramIc tile. etc.) cracks or becomes loose. <1 Cracks appear In grouting of ceramic tile joints or at junctions with other matenal such as a bathtub or shower. 5. Nail poes appear on the surface of resilient flooring. 6. Depressions or rlages appear in the resilient flooring due to subtloar Irregu- larities. 7. Resilient flooring or base loses ad- hesion. 8. Seams or shrinkage gaps show at resIlient floonng joints. Slight detects such as occasional nail pops. seam lines and cracks are comrnon gypsum wallboard installations. Blisters in tape. cracks over doer and window frames and over archways. excess CIJrn- pound in joints. trowel marks. nail pop- ping and exposed corner beads are defi- cIencies. Nail pops are a defect only when there are signs of spackle c()m~ pound cracking or falling away. Decres- sions or slight mounds at nail heads are not considered deficlenCles_ Ceramic tile. flagstone or Similar ~lara suriacec sanitary flooring whicn crack or become loose is a defect. Cracking ana loosening 011100ring caused by the Own- er's negiigence is not a deficiency. Sub- floor ana wallboard are reqUired tel be structurally sound. rigid and sUitable to rece;ve. finish. Cracks in grouting at ceramIc tile jClints are deficiencies. Regrouting of tt1ese cracks is a maintenance responsibili1ty of the homeowner within the life of the home after the tirst year at wammty. Open cracks or loose grouting. wllere the wall surface abuts the flashIng lip at a tub or shower basin, are considl!!red Owner's man'ltenance ana any reswtant damage to other finish surfaces due to leaks. etc. are not considered a Ijeti- clency. Readily apparent nail pops are a Ijefi- clency. Readily apparent depressions or riejges exceeding one-eighth inch is a deficiEincy. The ridge or depression measuremE!nt is taken as the gap created at one end of a six-inch straight edge placed ovel' the depression or ridge with three inches on one side of the detect held tightly to the floor. Resilient flooring or base that lifts. bub- bles. or becomes unglued is a deficiE~ncy. Gaps in excess of one-eighth inch in width in resilient floor covering joints is a deficiency. Where dissimilar matE~rials abut. a gap in excess 01 three-sixtee!nths inch is a deficiency. 13 The BUlider/Warrantorshall correct such detects to acceptable tolerance and re- paint affected areas one time only to match as close as possible. Where exces- sive repair has been made the entire area shall be painted. Such conditions shall be reported near the end of the first year warranty date to aHow for normal settle-- men! at the home. The Builder/Warrantor snail determIne and correct the cause for the cracking or loosening at the finish materiaL Replace cracked material and reset loose tloonng. The BUilder/Warrantor is not responSIble for slignt color and panern variatIons or discontinued patterns of the manufac- turer. It shall not be required to replace the entire finiSh when the new matenal consists at less than 25 percent of the finish area. The Builder/Warrantor shall repair grout- ing as necessary one time only Within the first year of warranty. The Builder/Warrantor shall correct nail. pops that have caused damage to floor material and repair or replace damaged floor covering in the affected area Builder/ Warrantor is not responSible for discon- tinued patterns or color variatIons. The Builder/Warrantorshall take required corrective action to bring deficiency With- in acceptable tolerances so as to be not readily visible. Builder is not responsible for discontinued patterns or color varia- tions in floor covering, owner neglect or abuse. nor installations pertormed by others. The BuilderlWarrantor shall repair or replace resilient flooring or base as re- quired. Builder is not responsible for discontinued patterns or color variation. Builder/Warrantor shall take reauired action to correct the cause of the defi- ciency. The Builder/Warrantor is not re- sponsible for discontinued patterns or color vanations 011loor covering. (REV. NEW JERSEY 9100) POSllitlIe Deficiency Perionnanca Standard Builder/Wa...dllor Responsibility 9. Plywood waJl covering: Vartations in Janeling color. scratches or checks on the finished surface. 10. Fimshedwoodfloonng: Dents. chi os. knotpops. open Joints or cracks in wood floonng. '1 Painting: Knot and wood stams appear tt1rough pamt on extenor. 12. Exterior pamt or stain peels. deter- Iorates or fades. I.,), Painting required as corollary repair because at other work. 14. Mildew or fungus fonns on painted or factory finished surfaces. 15. Deterioration of varnish or lacquer fimshes. (REV. NEW JERSEY 9/00) Plywood paneling pattemand color wiill otten vary and this is not a deficiencl. Scratches an the paneling surface an!! deficiencies if reponed on a pre-closin!:J walk through inspection report. Thle owner shall notify the Builder/Warrantcr within 30 days at warranty date if no p"'- closing walk through inspection repol1 existS. Dents and chips are deficiencies if report- edon a pre-closing walk through inspec- tion report. The owner shall report such deficiencies to 8uilder/Warrantor within 30 days of the warranty date if the", was no pre-closing walk through inspection. Dents. chips. knotpops. open joints elr cracks in floor boards of finished wood floonng which exceed the manufacturer's quaiity standards of the wood flooring grade are considered deficiencies. Manu- facturer's grade quatity standards shaH be as defined by: Wood and Synthetic Aoonng Institute. National Oak Flooring AsSOCIatiOn. Maple Flooring Manu1ac;- turer's Association. Excessive knot and wood stains which bleed through the paint are considered de,ficiencies. Extenor paints or stains that peet cJr deteriorate dunng the first year at owne!r- snio is a deficiency. Fading, however. is normal and subject to the orientation (Jf painted surfaces to the climatic condi- tio:ns which may prevail in the are,a., Fading is not a deficiency. Necessary repair of a painted surface requIred under this warranty is to be refinished to match surrounding areas;:lS closeiy as possible. None. Mildew or fungus that foms on a painted or factory finished surface who," the structure is subject to various expc>- sures (that is. ocean. lake, riverfrorlt, heavily wooded areas or mountains) is not a deficiency. Natural finishes on interior woodwmi< which deteriorate during the first year I:>f ownership is a deficiency. Vamish-ty'pe finishes used on the exterior will deter- iorate rapidly and are not covered by ttle warranty. 14 The Builder/Warrantor shall repair or replace damaged paneling when tile defi- ciency has been repc>rted on the pre- closing walk through inspection "'port. Builder is not responsible for discon- tinued panel or color variations. If dam- aged paneling cannot be replaced wrth new paneling to owner's satisfaction. the deficiency may be ",paired within reason- able standard of good materials and wor1<manship. The BuilderlWammtor shall detennine the cause for deficiencies and correct. Dents and chips are to be corrected if recorted on a pre-closing walk through inspection report. If the inspection was not conauc:ed. then the BuiJderlWarrnn- tor shall correct if notified by the owner. For ",pairallle deficiency, repair craeXs. chips or dents by filling and refinlsl1ing to match the wood surface as dose as possible. For non-repairable deficiencies reolace and finish affectea area to match remaining flooring as closely as possible. The BuliderlWarrantor shall seat affeaed areas where excessive bleeding of knots and stains acpear and toucn up paint to match_ Builder/Warrantorshail properly prepare and retinisn atfec1ed areas. matching color as closeiy as possible. Where finish repairs affect the majority at tt1e suriace area.thewholeareashould Ilerefinished. The warranty on the newly repainted surfaces will not extend beyond the origi- nai warranty period. The BuilderlWarrantor shall refinish re- paired areas to meet the standard as required. None. The BuilderlWarrantor shail refinisl1 af- fected areas ot nattJraJ finished interior woodwork. matching the color as closely as possible. POSSible Deficiency Pet10nnance Standard Builder/Wanantor Responsibility 16. Interior paint coverage. 17. Paint splatters and smears on finish suriaces. i8. Peeling of wallcovering installed by bUilder. 19. Mismatching in wallcovering pat. tern. 20. Lumps ano ridges and nail pops In wallboard whIch appear after owner has wallcovenng installed by others. 21 Seams in carpet. 22. Carpeting comes loose or exceSSIve stretchIng occurs. 23. Spots on carpet, minor fading. Interior paint not applied in a manner sufficient to visually cover wall. ceiling and trim surfaces is a deficiency. Paint stains on porous surface which are excessive that detract from the finish and which cannot be removed by normal cleaning methods and are reported on a pre-closing walk through inspection repen are considered defiCIencIes. The owner shall notify the builder within 30 days at the warranty date if a pre-closing walk through inspection report Waf, not completec. Minor paint splatter and smears on impervious surfaces which cannot be easily removed is considered as homeowner maintenance and riot a deficiency. Peeling of waHcovering is a de1icje!ncy, unless it is due to owner's abuse or negligence. Mismatched waJlcovering pattern over a large area that severely detracts from its intended purpose due to poor workman- ship is a deficiency. None. Owner shall insurethatthesuliace to receive waUcovenng is suitable and assumes full responsibility should lumps. rrdges. and nail pops occur at a later ,jate. Seams In carpeting that separate dlJe to improper installation is a deficiency. Car- peting material is not covered under the warranty. Wall to wall carpeting that comes loelse is a deficiency. Stretching that may clccur in the carpeting is subject to the quality and surlace over which it is laid and is not a deficiency. Spots or stains on the carpeting is a deficiency if reported on a pre-<:lclSing walk through inspection report. The owner shall notify the Builder/Warr..ntor within 30 days from the warranty date if no pre-closing walk through inspection report exists. Fading is not a deficil!ncy, and builder has no responsibility. 15 The Builder/Warrantor shall repaintwall. ceiling or trim surfaces wnereinadequate paint has been applied. Where a large area is affected the entire surtacesnaJI be repainted. The Builder !Warrantor shall remove paint stains without affecting the finish at the material. or replace the damaged surface it stain cannot be removed if reported on a pre-closlng walk through insoection reoort. If no such inspeGion was done. the Builder/Warrantor shall correct :f notified by the owner. The Builder/Warrantor shaH reoair or reolace defective wallcovenng. The Builder/Warrantorshall remove mis- matched wallcovering and replace. Builder/Warrantor is not responsible for discontinued patterns or variations in color. None. The Builder/Warrantor snail correct to eiiminate the separatlon. The Suilder/Warrantor shall resec:.Jre loose carpeting one time dUring the first year ot warranty coverage. The Builder/Warrantorsl1all removespots and stains on a one time basis if reported on a pre-<:Iosing walk through inspection report. Replace when excessive spots and stains cannot be removed. If no pre- closing walk through inspection report exists. the BuilderlWarrantor shall cor- rect wnen notified by owner. (REV. NeoN JERSEY 9/00) Possible Deficiency Performance Standard Builder/Warrantor Responsibility I. Fireplaces: Rreplace or chimney does not draw properly causing smoke to enter the house. 2. Chimney separation from structure to wIlich it is attached. 3. Built-in sauna and steam bath units: Reter to the pertinent section of these Standards for deficiencies that may exist in construction. matenals. finish and equipment of a steam bath or sauna unit constructed on-site. (I) SPECIALTIES A property designed and constructe,; fireplace or chimney is to function as intended. It is normal to expect that high winds can cause temporary negative draft situations. Similariy. negative draft situations can also be caused by obstructions such as large branches of trees too close to the chimney. In addition, the geographic location of the fireplace or its relationship to adjoining wails and roof may be the cause (Jf negative draft conditions. In same case:s, it may be necessary to open a window slightly to create an effective draft. Since negative draft conditions could be temporary, it is necessasy the ownl9r substantiate the problem to the Build.", Warrantor by constructing a fire so the condition can be observed. Newly built fireplaces will often incur slight amounts at separation. Separation which exceeds one-half inch from the main structure in ariy. 10 foot vertic:aJ measurement is a deficiency. Built.in equipment such as sauna and steam bath units are to be constructloo and must operate property under U;'Ie same applicable standard for finishes and mechanical and electrical equip- ment involved. Any deficiencies in finish materials or equipment teferred to in these standards are considered deficiencies. When determined the maUunction is based upon improper construction of the fireplace then take the necessary steps to correct the problem. Where it is determined that the fireplace is property designed and constructed, but still malfunctions due to natural causes beyond the Builder's control, Builder is not resconsible. The Builder/Warrantor shall detennine the cause of separation and correct. Caulking or grouting is acceptable up to one half inch displacement. The Builder/Warrantor shall make aU necessary repairs or replacements in- cluding equipment covered under a manufacturer's warranty. (oJ) KITCHEN CABINETS & "ANITIES 1. Kitchen or vanity caoinet doors and drawers maJfunction. 2. Surface cracks, delaminations and chips in high pressure laminates of vanity and kitchen cabinet countertoos. (REV. NEW JERSEY 9/001 Cabinet doors, drawers and other operat4 ing parts that do not function as designed are deficiencies n they lire reported on a pre-closing walk thro.,gh inspectioQ report. The owner shall nolify the Builder/Warrantor within 30 days of the warranty dale n a pre-closing walk through inspection was not conduded. Countertops fabrtcated with high pres- sure laminated coverings that delaminate, have chips, scratches, or surface c:'Sc:ks or joints between sheets exceed one sixteenth inch are considered deficiendes if reported on a prEH:losing walk through inspection report. The owner shail ncrtify the Builder/Warrantor within 30 days of the warranty date if a pre-dosing report does not exist 16 The BuilderlWarrantor shail repair or replace operating parts n a pre-dosing walk through inspection report exis1s. If no report exists. the Builder/Warrantor shall correct if notified by the owner. The BuilderlWarrantor shail repair or replace laminated surface covering hav;ng chips, cracks, scratches or joints exceeding the allowable width n reported on a pre-closing reporL If a pre-closing walk through inspection report was not periormed. the BuildertWarrantor shall correct when notified by the owner. Possible Deficiency Pertormance Standard Builder/Wammtor Responsibility The Builder/Warrantor shall correct or replace door or drawer front as required. 3. WaJ1Jing at kitchen and vanity cabi- net doors and arawer fronts. 4 Gaps between cabinets. ceiiing ana walls. PlumbIng: Plumomg pICes freeze. 2. Faucet or valve leak. 3 Defective pJumOlng fixTures. appli- ances or tnm fittings. 4 ChlOped or damaged plumbmg fix- tures and appliances. 5. Staining of plumbing fixtures due to high iron content in water. Warpage that exceeds one Quarter inch as measured from the face of the cabinet frame to the funner most point of warpage on the drawer or door front in a cll)sed position is a deficiency. Countermps. splash. base and wall cabi- nets are to be securely mounted. Gacs in excess of one quarter inch between wail and ceiling surfaces is a deficiency. (K) MECHANICAL SYSTEMS Dram. waste and water pipes are to be adequately prOtec!ed to prevent treE!Zmg dunng normaily anticlpatea COld weather. Freezmg of plces is a ceficlency and covered only cunng the first year of the warranty. A valve or faucet leak due to matenal or workmanshIp is a defiCIency. Le2lKage cause<:! by worn or defectIve washE~rs or seai are a homeowner mamtenance item Fixtures. appliances or fittings are to be Judged: according to the manufactlJrers standams as to use and operation. ChIps. cracks. or other such aama,ge to plumbing fixtures and appliance:s are aeficlencies if they are included in:3 pre- closing walk through inspection n~oort. The ownershaU notify 8uilder/Wanantor within 30 days of warranty date if m::J pre- closin'g walkthrough inspection was per- formed. High iron content in the water suppiy system will cause staining of plumbing fixtures. 17 The Builder/Warrantorsnall make neces- sary adjustment of cabinets and top or close gap by means of moulding SUItable to match the cabinet or counter top finlsn: or other acceotaOle means. The BUilder/Warrantor shall correct the condItion responsible for pipes freeZing. and repair pipIng damagea by freezing. The owner IS responsIble to maintain SUItable temperatures 10 the home :0 prevent pipes trom freezing. Homeswhlch are periodically occuplea such as sum- mer homes. or where there will be no occupancy for an extended penod of time must be properly wlntenzed or per- iodically checked to insure a reasonable temperature is maintained. Leaks occur- ring due to owner's neglect and resultant damage are not the Builder's responsibility. The Builder/Warrantor shall reoalr or replace the leakl':lg faucet or valve. The BUilder/Warrantor snail replace or repair any fixture or fittmg wnlC~ IS outSIde of acceptable standards as ae- fined by the manufacturer The Builder/Warrantor shail repaIr any ChipS or cracks If included in the pre- clOSing walk through InspectIon report. If repair cannot be made. the fixture or appliance is to be replaced to match the original. If a pre-closing walk through inspection was not performed. the Build- er/Warrantor shall correct if notified by owner. Where a fixture is built into sur- rounding wall areas such as a tub or shower basin which requires repair, re- placement is not covered under the war- ranty except where the deficiency causes the fixture to be unusable. None. Maintenance and treatment of the water is the homeowner's responsibility. (REV. NEW JERSEY 9/001 Possible Deficiency PerfonnanCl! Standard Builder/Warrantor Responsibility 6. Drinking water supply is not potable. 7' Water supply system falls to deliver water: or pressure IS low. Low water pres. sure IS defined as follows: Use otthe cold water supply at anyone Single fixture drastIcally reauces the cold water supply at anyone other Single fixture. 8 Norsv water pIpes 9- Inadeauate heat (REV. ~EW JERSEY 9/00) All water must be free from contamina- tion that would affect its potabiiity. P"t- able water is defined as water fit "or human consumption. In many Casl~S. weil water tests wiilshow contamination that exceeds the recommended amounts permitted under applicable Federal and State standards. however. it still may be considered potable.ln order to make tl,i5 determination, the owner must previae Written documentation from an IndepE!n- dent testing laboratory or a board of health providing such service stating that the water is unfit for human consumptl()n. Water test reports furnished by a com- mercIal treatment company cannot be sued to make such a determination. Water IS considered eotable when a cer- tificate of compliance is Issuea by the local! county board of heaJth. Any recom- mendatlo" for treatment of the water by the local/county board of health is con- tractual between owner and Builder and cannot be conSldereo a defiCIency. All servIce connections to municipal water main or private water supply are the Builder/Warrantor's responsibility wl'ilen installed by hIm. Some nOIse can be expected from .:tle water pICe system. due to the flow of water. Water hammer In the supply syst1em IS a deficiency and is covered only dunng the first year of the warranty. Noises ctue to water flow and pipe expansion are 110t considered deficiencIes. A heating system shall be capable of pro- ducing an inSide temperature of 70 degrees Fahrenheit as measured in the center of the room at a height of five feet above the floor. under local outdc:lor winter design conditions as specified in the latest edition of the New Jer.sey U.C.C. Energy Subcode and ASHRAE Handbook in effect at the time the home was constructed. The outdoor design temperature established by ASHRAE varies geographically throughout the State of New Jersey. There may be periods when the outdoor temperature falls below the design temperature. thE!re- by lowering the temperature in the home. Orientation of the home and location of rooms will also provide a temperature differential. especIally when the heating system is controlled by a single therrno- stat for one or more floor levels. 18 The Builder/Warrantor shall suppiy pot- able drinking water. Water which be- comes non-potable atter certification by a source beyond the control of the Buildel shall be excluded from coverage. The BUilder/Warrantor snail repaIr as reqUired. if failure to supply water is the result of deficiency in workmanship or matenals. tf conditions exist which dis- rupt or eliminate the sources ot water supply that are beyond his control. then the Builder is no~ responsible. The Builder/Warrantor shalt correct to eliminate "water hammer." The Builder/Warrantor shall correct heat- Ing system as reQuireo to provide the required temoeratures. BaJance dampers. regIsters and make minor adjustments one time only, dunng the first year of the warranty. Possible Deficiency Performance Standard Builder/Wanantor Responsibility 10. Inadequate cooling. 11 Ductwork ana heatmg ;JiOlng not insulated in umnsulated areas. 12. Condensate lines clog-UD. 13. I moroper mechanical oceratlon 01 evacorative cooling system. 14 Duc::work nOIsy. 15. Ductwork separates, becomes un~ attached. 1. Bectrical conductors: Failure of wir- ing to carry its designed circuit load to switches and receptacles. 2. Switches and receptacles: Fuses blow, or circuit breakers kick out. Where air conditionmg is provided., the cooling system is to be caoanle oT main- taining a temperatureot78 degrees Fahr- enheit as measured in the center of each room at height of five feet above the "floor. under tocal outdoor summer deSIgn con- ditionsasspecified in the latest edition of the New Jersey U.C.C. Energy Subcode and ASHRAE Handbook in effec.: at the tIme the home was constructed. the cooling cycle outdoor design terncerature estaDlished by ASHAAE provides for a maximum 0112 degree temperature dif- ferentIal between the outaear ani:] the indoor temperature. There may be~ per- Iods when the outdoor rtses above the oeslgn temperature. thereoy raising the temperature in the home. Orientation at the home and locatIon of rooms will also provide a temperature dIfferential. es- pecially when the air conditioning system is controlled by a single thermostat for one or more floor levels. Ductwork and heating pipes that are run In uOlnsulated crawlspaces. gara~;:les or attics are to be insulated. BasementS,are not "uninsulated areas." and no insulation IS reauired. Condensate lines will clog under normal conditions. Eouipmentthat does not functIon p:;oper- !y at temcerature standaro set is a aefi- clency. NOIse in ductwork may occur for ,:]. ~nef period when the heating or cooling begIns to functIon and is not conside'red a deliciency. Continued noise In thE~ duct~ work during its normal operatIon is a deficiency. Ductwork that is not intact or securely fastened is a deficiency. (L) ELECTRICAL SYSTEMS Wiring that is not capable of carrying the designed load. for normal residential use to switches and receptacles and equip- ment is a deficiency. Fuses and circuit breakers which Ijeactl- vate under normal usage. when rlese! or replaced is a deficiency. 19 BuilderrWarrantor shall correct cooling system to meet the above temperature requirements aunng the first year of the warranty. The Builder/Warrantor shall install re- quirea insulation. The BUilder/Warrantor shall provlce clean and unotlstruc::ed lines on warranty date. Continued ooeratlon of drain line is home-owner maIntenance item. The SUlider/Warrantor shall correct and aajus! so that :Jiower and water system operate as desIgned. The Builaer/Warrantor shall take neces- sary steps to eliminate nOise in the duct- work. The Builder/Warrantor shall reattach and resecure aU separated or unattached duct- work. The Builder/Warrantorshall check wiring and replace wiring if it fails to carry the deSIgn loao. The Suiider/Warrantor shall check wiring and repiace wiring or breaker if it does not perlorm adeauately or is aefectlve. (REV. NeN JERSEY 9/00) Possible DeflcienC"1 Performance Standard Builder/Wanantar Responsibility None. '1. Drafts from 8ec:ricaJ outlets. 4. MalfunctIon of electncal outlets. switches or fixtures. v. Service and distribution: Grouna fault Interrupter tnps frequently. The electrical junction box on exterior walls may produce aslight airflow wtlere- by the cold air can be drawn through the outJet into a room. This problem is normal in new home construction. All switches. fixtures and outtets whicti, do not operate as intended are considerec deficiencies. Ground fault interrtJctors are sensltive~ safety devices installed imo theelectricail system to provIde protection against etec-' trical ShOCK. These devices are sensitivE! and can be tripped very easily. Grouncl fault interruptors are requirea on outlets located in the kitchen. bath and powder rooms along with all exterior outlets. Ground 1ault outlets which do not operatE! as intended are considered aeticiencies. The Builder/WarrantorsnaJl repairorr~ place defective switches. fixtures anc outlets. The Builder/Warrantor snail reo lace the device if defectNe. WARRANTY STANDARDS AND COVERAGE FOR YEARS ONE AND TWO ONLY Possible DeiicienC"{ Pertonnance Standard Builder/Wanantor Responsibility Septic tank systems: Septic system faits to ocerate proper1y. Septic system IS to be cacable of properly hanoling normal flow of household efflu- ent. It is. however, possible that due tn freezing, soil saturation. changes in th~~ groundwater table or excesSive use ot plumbing or appliances. an overflow can occur. Periodic pumping of the septic: tank IS considered homeowner mainte- nance. and a normal need for pumping i:5 not a deticiency. The BuilderlWarrantorshall take correc- tive action as reqUIred. jf it is determined that malfunction is duete improper design or construction. 8uilderis not responsible for malfunctions which occur through owner negligence or abuse. Builder is also not responsible for malfunctions which occur dueto aC1'.s at naturesucn as freezing and ct'langes 'in the ground water table. Exdusian: The following are considered owner negligence or abuse as an exclus.ion under the warranty: (A) Excessive use at water suc~ as overuse at washing machine and Clisnwasher. including their simultaneous use. (8) Connection ot sump pump, roof drains or backwasn from water conditioner. to the system. (C) Placing of non-biodegradable items in the system. (0) Addition at any harsh chemicaJs. greases or cleaning agents: and excesSive amounts of bleact'les or cram cleaners. IE) Use of a food waste disposer not supplied by Builder. (F) P!acement at impervious surfaces over the disposal area. (G) Allowing vehicles to drive or pari< over the disposal area. (H) Failure to periodically pump out the sectic tank, wnen r8CUlred. 2. Leakage tram any piping. 3. Stopced up sanitary sewers. fixtures and sanitary drains are deficiencies. J. Refngerant lines leak. (REV. NEW JERSEY 9/00) Leaks in any sanitary soil. wastevent anlj water piping are deficiencies and a"" covered durlng the first and second year of the warranty. Condensation on pipin'a does not constitute leakage. and is not a deficiency. except wIlere pipe insuJatioln is required. Sanitary sewer, fixtures and sanitary drains should operate and drain proper1y and are covered during the first and second year of the warranty. Refrigerant lines that develOp leaks during normal operation aredeficienc:es during the first year and second year at the warranty. 20 The BuilderlWarrantorshall make neces- sary repairs to eliminate leakage. Where detective constrUction is shown to be the cause. the Builder shall make necessary repairs. Sewers. fixtures. and drains which are ciogged through the owner's negligence. the owner shall assume repair costs. 8uilder responsi- bility tor defective sewer lines extends to the property line on which the home is constructed. The Builder/Warrantor shall repair leak- ing lines and recharge unit as required. VI. Complaint and Claim Procedure YEARS ONE AND TWO A. Step One. Upon discovery at some fault or defect whic.~ you believe is covered by this agreement, you shouid first send a clear and specific written notice to your Builder. You must mal", your home avaiiable for inspections and repairs during normal working hours. Notice to your Builder does lUll constitute notice to QBW. B. Step Two. If, atter receiving notice. your Builder does not respond within a reasonable time. you should then give written notice of your compiaint to CBW by certified mail, return receipt re'quested. OBW must receive written notice at your compiaint no more than thirty (30) days atter the expiration ot the applicable warranty period. If your compiaint is received by CBW atter 30 days from the expiration at the limited warranty on the item. itwilllWi be honored. Notice to your Builder does !I!l1 constitute notice to QBW. The notice to OBW must include: your warranty number and effective date. your name, address and telephone number, Builder name and address. as well as a description of the detect and the warranty standard which applie's specifying the page and section at the limited warranty, as well as all previous written correspondence to the 13ullder pertaining to the detect. Telephone compiaints will not be honored as notice. Photographs are not necessary, but if supplied wlil not be returned. C. Slep Three. CBW will review your complaint and. if necessary, OBW will cause an investigator, who may be an employee at OBW, to view the detect and to report to both you and your Builder. The investigator's report will be completed within twenty (20) days at receipt at your request. The repol1 will state the Builder's obligations. Upon receipt olthis report. you have thirty (30) days to accept the report. Where a ciaimed detect is filed that cannot be observed or detennined under normai conditions, it is the homeowner's responsibility to substantiate that the condition does exist. Any cost invoived shall be pald by the owner. and it properly substantiated. reimbursement shall be made by your Builder or asw. whichever is liable tor the claim. It the homeowner disputes the amount of a cash settlement offer for a c:overed detect. made by a buildertwananty program, based upon an estimate obtained by said buildertwarranty pmgram and refuted by an estimate obtained in writing by the homeowner, the dispute will be submitted to Arbitration. D. Step Four. It you disagree with the investigator's report. you have thirty (30) days to notify aBW and the Builder in writing, that you disagree. In such event. disputes on covered items shall be submitted for arbitration to the American Arbitration Association (AM) or such other independent ar1Jitration service as may be designated by OSW. tor resolution in accordance with the rules and regulations at the AM or such other service. The Builder will pay the cost of arbitration. Upon delivery at an arbitration award ("Award") to the parties. any party may, within twenty (20) days. request an appeal at the Award. A request tor appeal must be sent. together with the appropnate administrative tee, to aBW, with copies at the request simultaneously being sent to all other parties. Upon receipt at the request tor appeal and the appropriate administrative tee. asw will forward the application to the AM, or other service, tor administration. The AAA. or other service. will appoint an appellate arbitrator. in accordance with its procedures. to review the matter, and visit the home and view the subject matter at the Purchaser's complaint. Within ten (10) days at receipt of notice of appeal from the AM, or ottler service. the other parties must deliver a written reply to the appeal to the AM, or other service. and simultaneously send it to all other parties. The AM. or other service, will transmit copies at the appeal and the reply to the Appellate Arbitrator. The Appellate Arbitrator will schedule an additional hearing at the home. The Appellate Arbitrator shall render a decision regarding the application for appeal and reply, if no party wishes a site hearing, or within twenty (20) days after the site hearing. The Appellate Arbitrator may nat review arrf new or different comptairml, but may modify or change the Award if he or she finds that the Award exceeds or does not meet the scope of 1I1e ILlmited Warranty or its coverage. The AM, or o1l1er such party, will notify all parties at the decision of the Appellate Arbitrator, which will be final. The Builder and CBW have agreed to be bound by the final award of arbitration or appellate arbitration. as applicable, in all states. Judgment upon the final award rendered in arbitration may bE' entered in any court having jurisdiction in those states where such arbitration is binding upon all parties thereto. 21 (REV. NEW JERSEY 9/001 This request for Arbitration shall occur only after the investigation process has been compieted. In states where this arbitration can be legally binding on all parties to the arbitration. then this arbitration is binding. In states where this arbitration is not binding on one or more parties to the arbitration. then arbitration in accordance with this contract shall be a condition precedent to the commencement of any litigation by the homeowner or the Builder to compel compliance with the warranty documents or to seek relief for any dispute arising out of this program. In the eventthe decision Of the arbitrator requires c1ariiicatilon. either party or the division may request the arbitrator's junsdiction be reinstated for the sole purpose of clarification of the award. Repair Specification Documents (RSD) ie. proposed fix. prepared by the builder/warranty program to satisfy an Aroltration Award must be presented to the insured homeowner. When the insured homeowner disagrees with the proposed fix based upon competent analysis of the RSD by the homeowner's engineer, architect. registered builder or contractor, the elements of disagreement will be submitt.!d to Arbitration. ,. Acceptance. If you accept the deCISion, you must sign a copy of that decision which will be provided for this purpose and you must then return the signed copy to asw within thirty (30) aays of its date. Your Builderwill then perform as reauired by the deciSions. but neither aBW nor the Builaer will be responsible for damages caused or made worse by your delay in accepting the deCISion. If the deCision places a time period on your Builder's performance. the time allowed Will be measured from the date aBW receives your acceptance of the deCISion. Sixty (60) days will be the standard time for compliance. weather conditions pE!rmltting. 2. Rejection. If you decide to relect the aeclSlon. your Builder IS under no obligation to perform. 3. Right of Access. You must provide the BUilder. or if applicable. aBW, with reasonable weekday access during normal bUSiness hours In order to perform ItS obligations under this Agreement. Failure by you to provide such access to the BUilder or aBW may relieve the Builaer or aBW of ItS obligations under thiS Agreement. ........ . YEARS THREE THROUGH TEN NOTICE OF MAJOR STRUCTURAL DEFECT CLAIM TO ClBW; TIME OF NOTICE If vou have a claim as a result of a Malor Structural Defect occurnng during the third througn tenth years of thIS Agreement. you should notify aBW and aBW will investigate the claim. All such claims must be presented in writing 10 aBW (not the Builder) by certified mall. return receipt requested. within a reasonable time after the Major Structural Defect arises but m no event later than thirty days after the expiration of the term of this Agreement. Claims recelveo after thiS penod Will not be honored. Notice should mclude the Information requested IrI ,tern B above. VII. Remedy Exclusive. Pursuant to New Home Warranty and Builders Registration Act (P.L. 1~177, c.467) the filing of a claim against the warranty specified by thiS subchapter shall constitute the election of a remedy and shall bar the owner from all other remedies. Nothmg herem shall be deemed to limit the owner's right to elect other remedies exceptthat such election shall bar the owner from pursuing the same claim under the limited Wlltranty specified in this agreement and in accordance with the procedures related hereto. Forthe purpose of this section. election of other remedies shall mean the filing of a complaint. counter-claim. cross-claim orthird party complaint in any court that alleges matters covered by the limited warranty in particular or unworkmanlike construction in general. (RE'I. NE'# JEASEY 9/00) 22 March 19,2002 ~AR21~ -:if" ;L JoJ . /1,0 Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Mr. Rick Wilson Presidential Hill, L.L.C. 2 Madison A venue Pennington, NJ 08534 Dear Mr. Wilson: After many phone messages, written correspondences and face-to-face discussions with you regarding the fixing of many defects found in our home located at 15 Cheyenne Drive, Pennington, New Jersey, our written and verbal notices continue to be ignored. You continuously disappoint us with your uncooperative sltyle, lack of responsiveness and lack of performance, not to mention the lack of quality in workmanship throughout the entire house. We are enclosing a list of outstanding items that require Presidential Hill's immediate attention and shall be corrected/fixed by no later than April 30, 2002. Since all the items listed have been discussed at various times with you since June 200 1 through January 2002, the April 30, 2002 timeframe is reasonable, fair and most generous. Please note that the enclosed list is not all-inclusive. As other items surface, they will be added to the list and will be discussed with you at which time a completion date will be agreed upon by both parties. Looking forward to working with you to have all the items corrected in a timely manner. Please contact us at 609-818-0697. Thank you. Sincerely, ~/ ~ t ------'> 'l~.d~ rnando & Julia Santos cc: William R. White, Municipal Construction Official Paul E. Pogorzelski, P.E., Township Engineer Kenneth Butko, Borough of Homeowner Protection Chad Harvey, Quality Builders Warranty Corporation Exhibit B I Outstanding Items List Outside . Exposed electrical wire (driveway) · Garage and foyer circle top window frames broken - to be replaced · Gutter above garage improperly pitched · Water in basement due to water running down dining room and garage wall · Front entrance - separation of brick edging from concrete slab and step · Rain water accumulates at front entrance; the pitch is towards the house instead of going away from the house; big crack around the basc~ meeting wall · Caulk required at seam of deck by siding · Missing piece of J-Channel rear slider by deck · Clean up construction debris from back yard (back in wildemess) · Septic tank pipes filled with dirt and rocks . Septic tank pipes to be cut (flush with ground) . Lawn grass seeding · Study wall light fixture to be removed · Missing roof tile from walkout basement . Driveway -lose pavement · Window screens/patio door screens to be installed and some to be replaced because of tares · Study outside wall- cracking of stucco and cement pilaster Guest Room · Nails popping out of walls . Squeaky floors . Nail coming thru base trim · Bowed back wall - uneven · Missing window screen . Telephone wiring Guest Bathroom: · Nails coming thru wall and ceiling · Improper spackling · Caulking - cracked between shower and tiled floor · Shower floor improperly secured (loose) Master Bedroom · Nails coming thru walls . Loose floorboards . Cracked walls · Improper spackling where ceiling meets wall in dome · Cracked ceiling - dome Master Bathroom . Cracked and wavy ceiling · Improperly finished hot tub · Grout missing from tiles . Nails coming through walls · Broken marble slab · Improperly finished trimming (vanity) · Improperly caulked shower · Bathroom door doesn't close/lock Boys Room . Broken windowsill · Nails coming thru walls · Missing cable TV & telephone wiring and outlets Jack and Jill Bathroom · Improper spackling throughout wall · Improper spackling around switch fixture · Chipped tub · Sloppy trim work (poor workmanship) · Grout missing from tiles · Sloppy caulking around tub floor (poor workmanship)l . Nails popping from wall · Cracked wall · Cracked ceiling Girls Room · Nails coming thru wall · Cracked wall above window . Missing window screens · Missing cable TV & telephone wiring and outlets . Wavy ceiling - Upstairs Hallway · Uneven floor by master bedroom door · Squeaky and loose floorboards · Cracked ceiling · Improperly finished trap door · Nails coming thru walls and ceiling Foyer · Cracked ceiling · Cracked base trim · Inside trim missing from foyer window · Loose hand rail on staircase · Staircase railings need painting (has polyurethane) · Staircase steps need painting (vertical piece-white) · Missing circular oak piece from first step of staircase. Once in place, needs to be sanded and polyurethane. · Unfinished wall under stairs · Hole in wall between steps · Cracked uneven wall in front entrance · Foyer switch box - uneven wall; improper spackling · Bottom of stairs - globs of plaster; improper finish · Door to basement does not lock · Crack in wood floor between foyer and den. Dining Room · Wavy ceiling · Nails coming thru walls · Cracked column base · Wood floor - cracks throughout house · Wall cavity for AC return not lined (air riding on insulation) · Cracking of ceiling between hall way and dining room Great Room · Cracked wall at side of steps · Nails coming through walls · Cracked wood floor · Improperly finished - wall meets steps . Wavy ceiling Den · Nails coming thru walls · Loose outlet box Powder Room Hallway · Cracks in wood floor · Nails popping through ceiling and wall · bnproperspackling Powder Room · Cracks in wood floor · Exhaust fan not working properly; very noisy Study · Unfinished study; final inspection required · Insulation required under floor · Non-functional electrical boxes in ceiling and wall to be removed · Unfinished window - trim on outside · Missing cable TV & telephone wiring and outlets Kitchen Hall to Deck · Uneven floor (bump) and crack · Deck Slider (Door) broken; doesn't run smoothly, doesn't close (security lock) and loose handle (unable to tighten) Kitchen · Dishwasher is improperly installed (sideways-crooked) · Dishwasher makes "Hammering" sound when taking in water (noticed same sound present when using outside garden hose) · Cabinet door above dishwasher - big and deep scratch · Adjustment required on bottom second cabinet door from oven (doesn't close proper! y) Basement · Crack in basement wall on side of garage · Cracking of basement floor · Exposed hanging electrical wire by breaker box · Rain water getting in basement from outside wall between garage and dining room wall · Basement sliding door handle loose (unable to tighten) · Electrical panel improperly grounded Garage . Crack in garage floor · Rain water getting in garage from outside wall (dining room side) '--._-~- Presidential Hill, L.L.C. 2 Madison Avanue Pannington, NJ 08534 7:' 609-737.2323 F: 609-737-6402 \l~~ 21 '1Jl)1 )60Jo/6).J ompallY Ow 1/ +y ?PI' Ider-5 AIt.n/lon (!jy;; d J/or/Je &I' num fir ~Jl-'7 1-4;;). 8 From:'i(;ei~ ()J/!::50f) .Ie 3-Qo -OQ I I Total pagas, inoluding cov9r:~ , SUBJECT: ~~Ht--t 0503 .sa. rrf0::3 '-. - -.....,...--.. -- ---_.. - _n ... .n.........~~__.,.,...~_~,..__~,._. ,.,'~____ ._._~_. _',_".. _'_'_' ,,___ _ ___... -....,. -.--- --..---.-.- -.-.-----... - '_'n_ ~~~_. _._._._. .,___. _..,.__.____,__.. _.___ ... ..... _ . .__'__... _..~.___ _~. ...._ -- ...__,~___u~<....,_.. _. "'" __ __~_"'''''__.'''__'''_._"..._.___,___..,,,~ _'_'._,~__._ - -----.---. - ~..~---_._- '--- ..- .,-- -'-"--._-... .._....~_._-_.~-----., . --.-------.- ---'- --------_._--~,-~- --....._-- ',..__._._~ -. _. _....._--,---- -... '-.--- ---.. ,,----... _. ---. PreSldlnUII Hili LLC. Phone (609) 737-2323 Fax (609) 737.6402 2 Madison A \'C. Penningtun, N.J. 08534 March 20, 2002 Fernando and Julia Santos IS Cht:yenne Dr. Penninglon, N.J. 08534 Dcar Mr. and Mrs. S;mtos: Enclosed please find the Final Closing Punchlist which you signeu on Augusl 4, 200 I. As it slates above your signatures; '.The above Finall'unehlisl comprises all of the itellls rC4uired for completion of lht: house in accordance with lhe Purchase anu Sale Agreement. !.illi:[J.:WUICl m..any kind cannot he made ror an~ilem. which wen' aceepwhll:..ilIld visible uU.hJ.:JiIlll;.IlL'lllis [jIlllLl~IIlu:hllii1. n The 4 page list you prcpart:d on March 19, 2002, accompanied by your leUer which sillies thutthis list is not all-inclusive, violates the terms of the Purchase and Sale Agn:elllent, unu the Final Closing Punchlist you signed. It is apparentlhalthe majorilY of ilems spccilied on your March 19 list were clearly visible and acceptable at the time of till: Finall'unchlisl, and dOl1ot appear on lhe final Punchlist of August 4, 200 J. Therc is 110 qucstiol1 Ihul all of the Willis ill1d ceilings were clearly visible and acceplable on Augllst4, 200 I, and du not appear onlhe Finul Punchlisl. The walls and ceilings were not "wavy", the trim was not "sloppy" anu was finished. Ihe base trim was nol cracked, th.: caulking was nol "sloppy" and was finished, kilchen e.lhincts Wcre not scratched, the bathtub was not chipped, the spackling was not impropcr. elc.. If there ar.: items on your leiteI' of March] 9, 2002 which wcre nol visiblc Oil ^ugllsl 4, 2001, und which are items covered under the Limited Warranty, slIch as nail pops. kindly set up a time when you an: available n'om 9:00 AM tu 5:00 PM, Monday lhru Friuay, slIlh,111 CUll inspcd these items with you. Sincerely, ~~ .. Merrick Wilson President cc: William White, Ilopewell Twp. Construction Official Chad Harvey, Quality Builders Warranty Corpornlion Presldendllllll LLC. 2 Madison Ave. Pennington, N.J. 08534 609.737.2323 Oak Ridge Park Final Closing Punchlist Fernando and Julia Santos 15 Cheyenne Dr. Pennington, N.J. 08534 Block 7S Lot 4.04 Dale of Inspection: August 4, 2001 Pagl~: / Z9M 11111) .5 i"h..? J n~: Completed ll~,'., . II.I. ?J~'U' I A.....II~ Acknowledied FN:.r .. ,(/(,;/.,.. ..l,oc YlO,,;'lt ~'1nf.l rfl/lJ;CL. 10 '7DJ~Jf )J(Ji\ f1~('O"It.~IJ/I."tJ '~'I lllJ'1t>.v ~~S L-',J~ 1..1 il.4~0'UJ'l" i.~ - C~:~ ~T~~,O~ LJHC>>~ JI!&J71'.J~~) . ~Q0. ~ fd"dt,. . G uJ a.A;)J 11'/ "tr.tl/'- The above Final Punchlist comprises all of the items required for l::ompletion of the house in accordan with the Purchase and Sale Agreement. Later claims ()f any kind cannot be made for any' ms hich were acceptable and visibf at the ,time of this ir1Punchlist. '.. i QUALITY BUILDERS \V ARRANTY CORPORA TION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 March 22, 2002 SENT VIA FAX (609) 737-6402 Mr. Rick Wilson Presidential Hill, L.L.C. 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr. & Mrs. Fernando Santos, IS Cheyenne Drive, PI:nningtOn, NJ 08534 Dear Mr. Wilson: Attached is a copy ofa letter, which we received from the Santos', dated March 19, 2002, which was directed, to you. We received a copy of your reply of March 20. At this point in time you should contact the homeowner to visit the property to review any outstanding items that they claim to see if they exceed. any warranty standards. At that point in time if items do exceed standards you can identifY those items to the homeowner and your intentions on repairing the same. If you and the homeowner are in disagreement as to any issues after your visit the homeowner has the opportunity to request that a Defect Inspector be dispatched to resolve the warranty coverage issues. In any event, I note from your letter directed to the homeowners dated March 20, 2002 you stated that many of the items were not identified on the Pre-Settlement Walk Through List and must therefore be acceptable. I do not know which items to which you refer but naturally if items arise after Settlement which exceed the warranty standards you are responsible for correcting the same. Therefore, we are requesting that you contact the homeowner to schedule an appointment and advise the undersigned of the date of the appointment. Exhibit B 2 Mr. Rick Wilson March 22. 2002 Page Two By copy of this letter to the homeowner I am asking that they also attempt to contact you as well to schedule an appointment to view the outstandim! items thev have identified in "" " their letter of March 19.2002. Very truly yours. (/f)/" % . / .-'1 </~ Chad C. Harvey Complaint Administrator CCH:dlI cc: Mr. & Mrs. Fernando Santos Mr. Kenneth J. Butko New Jersey DCA Sent Via Fax (609) 984-7954 .. APR 02 '02 12: 38PM TELEcr '1UNICATIONS , ,i I F. .J./3 ! ~R ~.~ 10Cla , -:tf J.80~- "joV I , i I FACSIMILE TRANSMITTAL SHEE1T TO: Chad Haxvey !'ROM, Julia Santos COMPANY: DI-TE.: Quality Buildas Wauamy F iIX N UMBEX, 717-737-4288 Incouect Sales Price of Home & Date 04/02/02 i T01'AL NO. or- PAnES"INCLUOJNG COVER.: 3 ~ , SENOE.ll.'S ltEFERENC,l NUM'El\, ., Enrollment #,255674 YOUR REFERENCE NU~E)l, PHONE NUMBER. 717-737-2522 RZ, o URGENT o FOR ltF.VlllW o PLllASll COMMENT , I X PI.EASE R.EPLY " , , . I o PLEASE RECYCLE , , I , Hi Chad, . , I have enclosed the Settlement S",u:ment of our prop""ty. Please note tile Sales Pace of $617,050 an~ the settlement date of August 8, 2001. Please ensure that the Warranty :e:nrollment FOIUl is COIICcted to reflect the appropriate information. Pleasc call me upon receipt of this ~oformation. Thanks. : -- -_.,~~ . .-.." ~~)/ ~ . V. SantOs 609-730-3476 Exhibit B 3 ,..,,.:;~ c:J.:. 8':' c: ~:::;:-"I - - - , .- - '. " " . I1tID.. 1 VNIfORM SETTLEMENT STATEMENr I . ,?MB Approval No. 2502.-026! . 1 I. I; A- U.S. DEPARTMENT Of HOfJSINO AND URBAN DEVELOI'MENT SElTLEMENTSTATEMENT S. TYPE Of LOAN 6. Filc'NwnDQ': . I. " Lain Nwnber: 1. FHA 2. FmHA oi b S2l 62l0S04 J. X Conv. Vni.... 4. VA S. Conv.flli. a, ,Monpp InSlIlIn" gue Number I ,:i C. NOTE: nu. form i. fiIrrUdI,d hl cive you &ILllcmerIl otlCtUal ",d.menl CIUII, .t\InOIIntspaid.1o tillS by Ibc .lIetUemeoIlP( IR .boVin. Itcrllll marked ip.a.c..)" were paid 0uu.i4e me cl03ms: Ihcyarcahown hCR torintonnauonal pwposes and an not inuwied in Ibe tota.is, ': . NOTE: TIN - TUllaverl1dcntiticuion Number . D. NMfE AND ADDRESS Of SOD.OWER.: E. NAME. ADDRESS AND T(N OF SELLER.: F. NAME AND ADDRESS OF LENDER: I I' , I Fernando Santos Presidential Hill, L.L.C.' Merrill I.ync:h:Credit Corp. Julia Sant.os 4802 Oeer l.ak.e Drive E.as't 217 West Colfax Avenue 2 Mad.1scn Avenue JaCli:5onvii~e', .j FL 32246-648' Roselle Park, NJ 07204 Penninqt.on, NJ 08S3. , , .. ,.,E O. PROPEJ.TY LOCATION: H. SETTl.EMENT AGENT NAME. ADDRESS AND TIN' " I I .., I lS Cheyenne Drive Valerie J. Pepe. Esq. , ' ,'2~+3440la7 Hopewell TWp., NJ OBS2S 285 S. Church Street, Suite 5. Mooreetown.' NJ !: 0805'7 Mercer County rLAa: Of SBTlUM6NT l.. 'ETTLEMEmD~TE I .1 Lot 4. 04. Block 7S Presidential Hill, L.L.C. 08/09/20Ql;. . Pennin",ton, .'. NJ ,I I J. SUMMARY OF BOItROWU'S TRANSACTION K. SUMMARY OF SELLER'S 'J'RA,N'SACTION 100. GROSS AMOUl'fT DUE FROM BO!lROW!.R: 0400. GROSS AMOUNTIl)UE TO SELLER.: 101. Conklclnlu ri.. 6l7.050.00 401. Contncu.Jes ice I 6l7.050.00 lOl.Pmonal 402. Pemmal rapeny 103. ScnIement CU....ClIO bam:JWel' e 1400) 22 088. .:4 403. I 104. ,... 105. 40S. Acfustments 1I:Ir illlN ., niler in adwnec AdjWlllDena (i)r itlmS lid ..Ucr'in advance 106. Cl"'I_.... 08 /09/200l-0 9/30/ 200l 5l6.32 <06. Ci.,._.... Il8/09/200l-09/30/200l Sl6.32 107. CCllinNlUea -407.Cllun .." l03..A.ssessmena 408. AslUSmatts lOP. ..... ItO. 410. :' ~ I 111. 411, 'I 112. 4J2. I 120, OAOSS AMOUNTDtJB FROM 80U.OWElt. 639 654.86 420. GR.OSS AMOUNT DUE TO SELLER. 6l7.S66,32 .. 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE. TO SELLER:' 201. sif or camcllt me 6S.nO.00 SOl.Exces:sde osit I. I 65.HO.00 201.Princ I amount afncwloen(' 480.000.00 S0.2,Sc~eml:ftf :sto leller(L'ftC:; 1400l .1 4l.2l3, OS 203. Existina 101R ,) takn aull'cct!.CI 503. ExistiDIIOIIl(I) ukettsub',ctto ,. I 2... .504. Payofl'oCfil$t mcll'U!lce Iou. NONE I 2o,,'Relo. Credit~aid bv MLCC ~- 19.622.S0 50S. 'a)'Oftohecand mortllle lna 206. 506. .. 2.,. 507. 201. SOl, I 20!" SOt, I Ad"'U1tlnlMl lar items ~id by seller Adjuaanctlll t~'r items UfIpliil by s~JIa- 110. Cityhown taxa 510. Cit)'1\Gv.In tIXU i 21l, ..... SIl.CoIm ..... ! " . .212.A.IIearnIIltl 512..~lI , lU. '13. .1 214. $14. 215. SU. I ,. 116. S16. i .. ':i 117. '17. : , zll. 511. : 219, m. . -;-:-'12.D:..TOTALP.-.uwlY!P0180~WEIl-'-: .. - "56~-.'r62."S0. "120. TOTAl: Ja!DUC'1l0N ~OUNT'I)t1S SSJUI;""I':' I;; 1 0"6,/1353 ;'0 : I I': I' 300. CASH AT SITTl.EMENT F.ROMITO BORROWER 600. CASH AT SETIJ.EM2NT FROMITO SELLeJt. . JOt 01"osumoUll~d\Ie(rorn~(Linl120 639,654. 86 601, OtOSS 1/Nl\,\ft1 dIM: ~ nller fLillt: "20 I 6l'7.S66.32 302. t.caJ>>nIOlUlt laid IDI'b~ . c220) S64.762.~O 601. LCN rcdllctian in unaunl due seller (Line 520) 106,353.05 303. CASH FROli BORROWER 74.892.36 603, CASH TO SEI.LER I ,. 511,213.2'7 . SBUER.'S STATEMENT , Thc inlimnatio.l cOlluiud in Blocks S, G, H. and I IIld on line 40l (or. it~inc 40'1 icastcrisked.linC ",OJ-WId .1(04) is impot;ln~ b.~ infonNtion and is bellliJ flJTTlished lO Ihe lnt4mal R.nenuc Service (see SeUer Ccrtilicltion.). It you ." required to 61t I~, a ncSliscncc pcn.slty ar orb" IIn~an __ill be impend on yov.1Cthis itrm Ui reqaim:l hl be rcpOl1ed ~nd Ute IRS 4elUl'niPCI WI it hie nol been RPOrted, YOIi lte reqllirW to provide rile Scttlcmmt Alent wilh YOIIraom:ct tall:p&y'cr idcntilic.tian numbct-. JlyOl. do ..~~:_A.""..;th ,.,,,""'"" ,,,,,.,,,,,...fi"'i.. .."'b",,.,....,. bm~'" In d~1 "'nm,n.r ,en.'." i.".." b, I.". Un'" ,...,.".r ,,,,..,,1 . ~;~_"sh"""~:'''''_''''''''''i''''fi'''i.n'''''''b''' :. I ($cll='. Sitn~1\IR!) Preside.rft~al Hill, L.L.C. (SCllt:'$S~IUR) . .. ': CI EASY SOFT. 11'10:. 1999 Prcviou.s ed.itiOnl are absolelC h!:~ J (onnHl/D.1 (J/JfiltcfHandbook4JOS.2 ~FR JZ '02 ~2:~3F~ .:::..::....:;;'V_,'1i...:.,...., _....".: L SETI'LEMENT CHARGES Seller Do ;.'::::::::"~::".n"'''sm~''''i "....~dK'~"."""loC 'SeaJen'\eIlcAIO",C Valerie J. P pe, Esq. Dice WARNING: It it. airnc: 10 kaowinlly mae ta1Ie tLntmenu to !be Unilad Sa.leS on thQ or any oltln llimilu ((11M. impritonmcnt. For dctail"noc: Tille La u.s. Code Section 1001.114 Section 1010. e EASY SOFT. lr\c. 199!l1 Prtviota editions Ire Clbsole:lC Pa.ce 2 100. TOTALSALESJBROKER'.COMMlSSIONlluNCla,nce J 617, 050. 00 ~ DividoD. o(ColllZ!liaion liIIc 100 U (Clllow.: 'OI.S 23. 996. 00 to Re/Max Premiere Pro ertJ.es 10U '03.Co1MlissiClll d.cSccdrmcnt '04. too. rrEMS PAY,uU IN CONNttTlON wITH LOA.~ &01. LoMOri iMbOlll Fee 0.500\ $ to MLCC '02.~DdeCI\lnt2.000' $ to MLCC 103. A Ln1PeelClto Lex Crane 804.Cteditre toE uifax Mort a e Services 105.1.emIcI"3" .on'" 806. Mot!' IDSW'IIlCI A licuion Fft to 807. don Fcc 101. Tax Service Fee to First American 10'. Flood Cert. Fee to FCSI 110. Final Ins ection Fee to Lex Crane III. 9GLITEMS RE UlRED BY UNDU TO BE PAID IJ4 ADVANCE 901.rncermfi'om06/09/2001-0S/31/2001 eo $85.4BO per eta 902. MCI Irls\lnnce PlBmitam fat !lI03. HUIInl inllUllftee Pn:mium tor 1 ear (s) to .... 905. lQOO. RESERVES DEJ'OSITED WITH LINbEll lOCI. Huard iAstlrane. 1002. MClrT: e inwl"lZtco 1000.Ci Pto l:l1YTues 1004. CClunl PrCl Taxes 1005. AnnlW utenrncnat 1006. 1007. 1008. rt lie AC<<I\lnun AcfUltrnatt 1100. TITLE CHARGES II01.Seulementorc1osin CleW 1102. AbllnCUr tiUc acarch IIll 1103. TilloSXm.iaation to 1104. ntle iuwanc:e blader to JI05.Do;mncm l:i0l't1O J106.NCI lbc:sla 1107.Auomey'.IJesIClValerle J. Pe e, Es . includes line nwabccs: 1101. TidcWtIf'1/lCc10 Infinit Title A enC' Inc. U397910 (iadll4esJincft\lrUm: 1102. 1103, 1104 & Notice ot Settlement H09. Lcndcr'uovcrl SO. 00 IIIO.o..tIcr'scovt: c S 611050.00 111I.Ex ress Mail Fees to Valerie J. I?e e, Es . - Ta."Ces to T tll2. 1113. 1200. GOVERNMENT R.ECOJU)lNG AND TRANSFER CHARGES 1201.1W:ordin tRS: t)ccdS (0,00 M S 1202. Ci lent)' tullOImpS: . need S M S J20J.Stltetu/s D.eedJ Mon eS 1204. Realt Transfer Tax to Mercer Count 11O.l. 13fO. ADDITIONAL SErrLEMENT CHARGES 1301.S toGr bowski Grou , P.C. 1302. Pst eetiCln to 13M. Oak Rid e Park III Homeowners Association 13~.lst, 2nd ~ 3rd uarters 2001 Taxes + Intereat to Ho ewell T IJ~.Tax Sale Cert. *00-12 Redem tion + Interest to Ho ewell T t306. Escrow for Oinin Room l.102. . 1301. 1401.TOTALSETTLEMENTCHA.RG.E.S enwronltusl03.SlCdnJud5D $ecdoaK) i "22~Oa8.54. 41.213.05 CEll N: I have ClRlWly lQvicwe4 dM: H1.ID-I SctUcmalt Statement and Ul 1M b~t Il(my lcnowlnl'li'" bcllef,'Jl is 'I tNc and ICCW'llle "lIcmenl o(1lJ1 receipts' II di made cu rD)' eouncorbymemdlisll'llnsaction. I funherceni& tbu (nccivrcl I copy oflhcHL1O_' SClC'~tStatemenL . . I, 'I, ~";;': '0~_ ~~rna~; do nto. _____'?-=--('-o ,: JUlial, 0$ : dsdisbumcl. Cllto be dilbwsed,by me und'crsilJled IS parlofttle lettlemctltf :1 i , PAlDFROM . SORltOWER'S ' " ' FUN'DSA'I" . SETT'LEMnrT ' PAID FROM SEllER.'S FUNDS AT SllTTUIIIENT 23.996.00 " , 2,400.00 9.600.00 505.00 14.00 i 80.00 . ~9. 00 95.00 1.966.04 " :1 900.00 I, 50.00 RcJcueS 50.00 : 90.00 50..00 I'll!- 2.562.50 . 400.00 .500.00 1.893.33 3.248.72 12.000.00 -~.. ,""'..... . Seller Preside .i~l Hill 08/09'\2001 . . . ~CI1_I~~ upoG eCll1v~etion ClUt include _line: and , : 'Coma HtJD-J (3/115) ~(Handboa.lt4305.2 Ql~.-\LIT"{ BUILDERS \\~_-\RR_~I\'Tl~ CORPORA TION 325 N. Second Street. Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 April 17, 2002 SENT VIA FAX (609) 737-6402 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr. & Mrs. Fernando Santos, 15 Cheyenne Drive, Pminington, NJ 08534 Dear Rick: 1 am writing in follow up to the copy of the letter you received on April 12, 2002 that was directed to the above referenced homeowners. Please note that it is nearly one month since we have received the initial letter of complaint from these homeowners and to date it does not appear that you have contacted them to review their outstanding warranty items. Please be advised that unless they are contacted by April 22 to review their items and set up a schedule for their repair we will be forced to assign a Defect Inspection to be billed at cost to you. Very truly yours, ~ Chad C. Harvey Complaint Administrator CCH:dll Exhibit B 4 - A~R-24-02 85:15 PM PRESIDENTIAL 6eS7:,s7=,.::,.e:: . Presidential Hill L.L. C 2 Madison Ave. Pennington, N.J. 08534 609-737-2323 Fax 609-737-6402 April 24, 2002 Fenando and Julia Santos 15 Cheyenne Dri ve Pennington, NJ 08534 RE: 15 Cheyenne Dri ve Dear Fernando and Julia: We understand that you will be home on Friday April 26th. 2002, J would like to schedule a walk through at that time since I understand that you are making claims for 110 defective item;. Please be aware that this home was thoroughly inspected by the Hopewell Township Construction Official or his inspectors prior to obtaining a certificate of occupancy. These defects did not appear as any violation of the building code at the time of the inspections. We also had a walk through inspection of your house prior to closing on August 4th 2001 at which time both Fernando Santos and Julia Santos signed a punch list of all outstanding items. You signed the final punch list; "The above Final Punch list comprises all of the items required for completion of the house in accordance with the Purchase and Sale Agreement. Later claims of any kind cannot be made for any items which were acceptable 1!lld visible at the time of this Final Punch list". Jfyou have any questions. please give me a call 11.1609-737-2323. Very truly your;. 1zJkL Merrick Wilson cc: Mr. Kenneth J Butko New Jersey DCA Senl Via Fax: 609-984-7954 John A. Oill, Esquire Quality Builders Warranly Corporation g,'nt ViII. Fax: 717-737-4288 Exhibit B 5 . A~~ L~ 2aG2 Z~:~~ iK 62:=',=,:;,;;",:::>-, i~ ::;.:.. _' ,.)'....:::=:i::. :.L_ _~ ~tate uf ~cit:r W=e-g DEPARTMENT OF COMMUNITY AFFAJRS JAMES E MCGREEVEY Grme>rnof I SUSAN BASS LeVIN Ct.1mmi~~io'l!'r April 25, 2002 Fernando and Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 RE: Santos v Presidential Homes LLC (Q8W) Dissemination of Erroneous and Misleading Warranty informiltion Dear Mr. And Mrs. Santos: I am in receipt of a copy of a letter sent to you by Merrick Wilson of the above captioned builder dated 4/24/02. Please be advised of the foliowing: l> Your Limited Ten Year Warranty does not warrant again!~ Code Defects but does war"'nt against what are known as Perfonnance Standard Defects. Therefore, there is no relationship between what the iocai Construction Official does to produce a Certificate of Occupancy and your right:s under the New Jersey Administrative Code 5:25-1.1 et. seq. The local official was not inspecting for warranty defects. l> There are only ten (10) items that must be listed on a PfI~ Closing Walk Through Inspection Report or a thirty-day list in order to provide recovery. For your information and Mr. Wlison's edification by copy of this letter I am endosing that list. l> Mr. Wilson's statement that "later claims of any kind cannot be made...," is totaliy baffiing. Under the Code your builder, Presidential Homes:, is responsible for the correction of all Year I &. II performance standard defects, wily nily of whether or not you initialed a list at your closing, except for the items mentioned above. Please take care in listing each and every warranty defect in your home and follow the instructions in your warranty booklet to preserve your rights. If YClu have any questions please feel free to call me at my office. C: J. Gill, Q8W; R. Wilson; Hopewell Township CO endosure NLW Ter!iey I!: All Equal Opportunity Employt:1' . P,.il1ted on Recycled Pap!'r Rl'ld RecycJilbJ( Exhibit B 6 OW:-::=''"'f, :::'_ N: JERSEY DEPARTMENT OF COMMUNI'. .FFATRS BL,,,"AU OF HOMEOWNER PROTECTION PRrv A TE NEW HOME WARRANTY SECTION ,..-, ',.' :...J.Jlt- ~i'\~" ,It/-) ~J.-bbJ- Kennelh J. Butko. PP. AICP: Manage' To: Chad Harvcy: QBW Fax: From: Ken Butko Date: April 25, 2002 PO Box 805, Trenton, NJ 08625 Re: Santos v Presidential Homes, LLC Pages: This One Only CC: File Reach FAX: (609) 984-7954 or Me: e-Mail: kbutko(@dca.slate.n;_us . . . . . . . . . ~nt o For Review o Please Comment OPlease Reply o Please Recyole This matter bas bcen dragging on too long on th. part of your Member Builder. The homeowner still has a Temporal)' Certificate of Occupancy. He is sUpposed to show up tomorrow for a defect inspection_ Ifhe fails to show up he will be in default. ' rfhe does showup, based upon QBW's Step Three process. h" will be there in lieu of your inspector and produce a detailed report within the twCIlty (20) days. If not, he will be in default and the matter will become an unn:solved dispute and eligible for arbitration if the homeowner so desires. The copy ofh;s letter that I sent you this morning demonstrates the builder', cavalier attitude toward his responsibilitics. '---- (0.,~ -t, ./ I / (j.-, l:;' /0/ , ( t: c 1.~--cJ /10-rv. /-c' //5;) [Iv"i/.....( ,:i~~/ v kr'. " , ') Exhibit B 7 QIJ.A.LIT1:T BIJILDERS '\11.A.RRA.NT)7 COR PO RA TI 0 N April 25, 2002 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 SENT VIA FAX AND MAIL (609) 737-6402 Mr. Merrick Wilson President Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr. & Mrs. Fernando Santos, 15 Cheyenne Drive, Pennington, NJ 08534 Dear Mr. Wilson: I received a copy of your letter of April 24 directed to the Santos'. It is my understanding from our conversation on April 24 that you will be visiting the Santos residence of April 26 to review any issues, which may have arisen after the Settlement date. A Defect Inspector has been assigned and if you are unable to resolve any outstanding issues at that point in time the Defect Inspector will issue a report as to any items in dispute. As I explained to you in detail in our conversation the languag'~ which you cite in your Sales Agreement which states that a homeowner cannot make a claim of any kind for any items which were acceptable and visible at time of final punch list does not apply in certain situations. If a defect arises after the Settlement date which exceeds New Jersey Warranty standards the builder is responsible for correcting that item in accordance with New J'~sey Law and the terms of the Limited Warranty Agreement_ I thought this was painstakingly clarified to you in our conversation and I assume the letter, which you forwarded to the homeowner, is simply to document the final closing punch list. By copy of this letter to the Santos I would request that they contact us after your visit on Friday so we can determine the nature of the items subject to a Defect Inspection. Very truly yours, JAG:dll cc: Mr. & Mrs. Fernando Santos Mr. Kenneth J. Butko NJDCA Sent Via Fax: 609-984-7954 Exhibit B 8 Ql~~~LITy7 Bl-Il.DERS v\-_c\RR'-\~Tl~ COR PO RA TI 0 N 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717737-2522 fax: 717 737.4288 May 23. 2002 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington. NJ 08534 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington. NJ 08534 RE: Emollment # 255674 Effective Date: 08-01-01 Property Located at: 15 Cheyenne Drive. Pennington, NJ 08534 Dear Parties: Given the lapse of time in this matter and the fact that numerous unresolved issues still exist we have forwarded this matter to Construction Arbitration Services, Inc. for resolution. CAS should be contacting you both shortly to arrange for a mutually acceptable Arbitration date as well as to confirm all issues in dispute. If you have any questions pertaining to the Arbitration please contact CAS directly. Very truly yours, IJ1 Chad C. Harvey Complaint Administrator CCH:dll Exhibit B 9 ~************** -COMM.JOURNRL- ******************** DAT~ MAY-23-~:002 ****~ iJM~ :5:27 *** P.o: roaDs = MEMORY TRANSMIS~ION 5TH~T=MAV-23 1:;: 26 :::ND=MA':'-23 1=,:27 rILE NO.= 12131 NO. COM ABBR/NTWK STATION NRME/ TELEPHON::: NO. PAG~= PRG.NJ. PROGR~~ NRME 001 OK a: 161399847954 13131/001 ************************************ - - ***** - - ********$ QUALITY BUILDERS \\1 ARRANTY CORPORATION 325 N. Second Sueet. Wormleysburg. PA 17043 telephone: 717 737-2522 fax: 717 737-4288 May 23, 2002 SENT VIA MAlL AND FAX: 609-984-7954 Mr. Kenneth J. Butko, PP. MCP, Manager Private New Home Warranty Plans Section Bureau ofHomeovmer Protection P.O. Box 805 Trenton, NJ 08625 RE: Enrollment # 255674 Effect;ve Date: 08-01-01 Mr. & Mrs. Fernando Santos, 15 Cheyenne Drive, Pennington, NJ 08534 Dear Mr. Butko: I am writing in reply to your voice mail left with our office on May 22, 2002 regarding the above referenced matter. As you arc aware we bad assigned Mr. John Wardell to conduct a Defect Inspection at the above referenced homeowner's property. Due to a scheduling conflict in early May on the part of the hom"owner and a scheduling conflict in middle to late May on the part of the builder the Inspection was assigned for June 7. 2002 as the earliest elate that all parties could attend. Nonetheless. we will tbllow your suggestion and remit tbis matter directly to Arbitration. If you have any questions, please do not hesitate to contact me. Very truly yours, ~ Chad C. Harvey Complaint Administrator CCH:dJl Exhibit B 10 REQUEST FOR ARBITRATION COVER LETTER Date: 23-May-02 To: Construction Arbitration Services, Inc. 2777 Stemmons Freeway. Suite 1452 Dallas. TX 75207 Re: QBW Enrollment#: 255674 Please process the arbitration request for the referenced file. The pertinent information and parties to this arbitration are set forth below. Warranty Information Warranty Co. Contact Information Warranty File Number: Effective Date of Warranty: First Written Notice: 255674 08/01/01 03/21/02 Warranty Contact: Chad C. Harvey Address: Quality Builders Warranty Corporation 325 North Second Street Wormleysburg. PA 17043 Telephone: 717-73'7-2522 Facsimile: 717-73;'-4288 Builder Information Homeowner Infonnation Name: Presidential Hill. LLC Name: Mr. & Mrs. Fernando Santos Contact: Rick Wilson Address: 15 Chey,enne Drive Pennington, NJ 08534 Home Phone: 609-818-0697 Work Phone: Address: 2 Madison Avenue Pennington. NJ 08534 Telephone: 609-737-2323 Attomey: Address: Facsimile: 609-737-6402 Attomey: Address: Telephone: Telephone: Exhibit B 1 I Q"CA..l.IT)- Bl-ILDIRS \"'A..RR~~T)- CORPORA TJ'ON 325 N. Second Street. Wormleysburg. PA 17043 telephone: 717 737.2522 fax: 717 737.4288 May 23, 2002 Ms. Heidi Bizzell Case Administrator Construction Arbitration Services, Inc. 2777 Stemmons Freeway, Suite 1425 Dallas. TX 75207 RE: Arbitration Enrollment # 255674 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 Effective Date: 08-01-01 First Notified QBW: 03-21-02 Dear Ms. Bizzell: We hereby designate Construction Arbitration Services, Inc. to resolve a dispute between the homeowners and the Quality Builders Warranty under the terms of the Informal Dispute Resolution procedure set forth in our Limited Warranty Agreement. Name and Address of Homeowner: Mr. & Mrs. Fernando Santos IS Cheyenne Drive Pennington, NJ 08534 Phone: (609) 818-0697 (H) The effective date of the homeowner's Warranty is August 01, 2001. Name and address of Builder: Mr. Rick Wilson Presidential Hills, LLC 2 Madison A venue Pennington. NJ 08534 Phone: (609) 737-2323 Ms. Heidi Bizzell May 23, 2002 Page Two We hereby designate Construction Arbitration Services. Inc. to resolve a dispute between the homeowners and the builder under the terms of the Informal Dispute Resolution procedure set forth in our Limited Warranty Agreement. Enclosed is a specimen warranty and a copy of the file. Please have an arbitrator assigned to the case and contact the homeowner and builder to arrange a mutually convenient arbitration date. Also enclosed is a check in the amount of $ 500.00 made payable to Construction Arbitration Services. Inc. for the cost of the Arbitration. Sincerely, ~ Chad C. Harvey Complaint Administrator CCH:dll Enclosures cc: Mr. & Mrs. Fernando Santos Mr. Rick Wilson Presidential Hill, LLC -. o - OJ 1I1 1I1 OJ -. 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OJ 0) ,<", '" NO) 0) , N o o N n o :J Ul rt " o c :1> ~ ::; -< OJ C ;= o m ;0 <n ~ ;0 ;0 :1> :z .., -< " o ;0 ." o ;0 :1> .., 6 z :r> H 0- f-'. n- H OJ rt f-'. o :J Ul ill H <: f-'. (l ill Ul I-" CO en en CO ....'~.. ..~ ~_ "'-'l. ~.... Construction Arbitration Services 2777 Stem mons Freeway, Suite 1452 Dallas, Texas 75207 ,,',,'\,. ,. ~ \ " . ,'.' ,")'DV iJoo) FAX COVER SHEET DATE: June 3, 2002 TO: Chad C. Harvey TIME: PHONE: FAX: 10:34 AM 717-737-4288 FROM: Heidi Bizzell PHONE: 214-638-2700 Ext. 502 FAX; 214-638-4054 Number of pages inCluding caver sheet:[ 1 ] Chad, In reference to your file #255674(5antos) We will nE~ed an additional $275.00 for the additional defects there are a total of 115 all together. Thanks, Heidi CONFIDENTIAliTY NOTE, THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALL Y PRIVILEGED AND CONFIDEiNTlAL INFORMA TION INTENDED ONL Y FOR THE USE OF THE INDIVIDUAL 0,1 ENTITY NAMED HEREIN, IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. You ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINA TlON, DISTRICUTlON OR COpy OF THIS TELECCPY IS STRlcn Y PROHIBITED. IF You HA VI, RECEIVED THIS TELEECOPY IN ERROR, PLEASE NOTIFY US IMMEDIA TEL Y BY TEL EPNONE AND RETURN THEE ORIGINAL MEiSSAGE TO US AT THEi ADDRESS ABOVE VIA THE UNITEiD STA TES POSTAL SERVICEi. THANI( You. Exhibit B 12 -. o - OJ [TJ U-J U-J -. o U-J'" 00 -~ UJ~ 0< .... , O:J~ r!ii [TJm .-:. ~ r " l.Il1;; o U-Jo m [TJ~ O~ ~~ ~ ~ {,~, j! , ~i " ~ z >, ::! ;;1 , ~~(j ~~ OCf.lNCl OJ C -.J 0 ~ ~- -.J::l l-' rr -...I Ul OJ ill rt Ul Ul" ,.... rt "'-ill ~U'1a>, XN:3t-i o 0- :J f-'. (Jl CO' H '<JOJ H rt ill "'- ill 9 :;: ~ OJ '<CIl ill " <: f-'- (l ill (Jl -.J '" N o -.J .., > ., 3: g 1-3 ~ :;: o :>: S Q. " ill 0- Ul ill <: ill :J n- '< I '" f-'-' <: ill OJ :J 0- o o ...... ,.... o o o o ,.... ,.... 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August 13, 2002 Mr. & Mrs, Fernando Santos 1 5 Cheyenne Drive Pennington, NJ 08534 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: CAS File # 02-1856 QBW Enrollment # 255674 Dear Parties: By direction of the arbitrator, we are enclosing the Award in the above captioned matter. Any Party to the Arbitration, per Section 23 of the Rules, may appeal the Award if such Party feels that the Arbitrator has exceeded, or has not met the scope of the warranty or its coverage, The home owner has thirty (30) from the signed date shown on the Award in which to accept the decision of the Arbitrator, The home owner accepts the decision by placing a signed copy of the Award in the mail addressed to: Quality Builders Warranty P. 0, Box 271 Camp Hill, PA 17011 Thank you for your cooperation in resolving this matter through the arbitration process. Yours very truly, /'~1 ~~. / Heidi Bi~ Case Administrator Enclosures as noted: cc: Chad C, Harvey, QBW Stephen Rapp 27T: St~mmons Fre::way. Suite 1-1.52. Dallas. Tc":.b ~520"7. ':::i-1-) 1138-2700. F:lx 121-t) fJ3X--l.05- Exhibit B 14 CONSTRUcrION ARBITRATION SERVICES +---------------------------------------+ In the matter of the Arbitration between: Mr. & Mrs. Fernando Santos Homeowner(s) C~S File # 02-1856 C~W Enrollment # 255674 -and- AWARD Presidential Hill, LLC Bui lder +---------------------------------------+ I, Stephen Rapp, was appointed as Arbitrator to hear and determine disputes which had arisen between the homeowner(s), Mr. & Mrs. Fernando Santos and the builder, Presidential Hill, LLC involving a home located at 15 Cheyenne Drive By a letter dated July 12, 2002, I advised the parties that a hearing would be conducted at: 15 Cheyenne Drive on: August 06, 2002 Present on that date were: Mr. & Mrs. Fernando Santos Mr. Rick Wi lson The disputes existing between the parties were set forth on a "Request for Arbitration/Dispute Settlement" form dated May 23, 2002 and may be summarized as follows: 1. Exposed electrical wire (driveway). 2. Garage circle top window frame broken - to be replaced. 3. Foyer circle top window frame br,~ken - to be replaced, 4. Gutter above garage improperly pitched. 5. Water in basement due to water ~~ing down dining room wall. 6. Also garage wall. 7. Front entrance - separation of beick edging from concrete slab and step. 8. Rain water accumulates at front 'entrance; pitch is towards the house instead of <;roing away from house. 9. Big crack around the base meetin;r wall. 10. Caulk required at seam of deck by siding. 11. Missing piece of J-Channel rear slider by deck. 12. Clean up construction debris from back yard (back in wilderness). 13. Septic tank pipes filled with diet and rocks. 14. Septic tank pipes to be cut (flush with ground), 15. Lawn grass seeding. 16. Study wall light fixture to be removed. 17. Missing roof tile from walkout basement. 18. Driveway - loose pavement. 19. Window screens/patio door screens to be installed and some to be replaced because of tears. 20. Study outside wall - cracking of stucco and cement plaster. 21. Guest room: nails popping out of walls, 22. Squeaky floors. 23. Nail coming thru base trim. 24. Bowed back wall - uneven. 25. Missing window screen. 26. Telephone wiring. 27. Guest bathroom: nails coming thru wall and ce ng, 28. Improper spackling. 29. Caulking - cracked between shower and tiled floor. 30. Shower floor improperly secured (loose). 31. Master bedroom: nails coming thnl walls. 32. Loose floorboards. 33. Cracked walls. 34. Improper spackling where ceiling meets wall in dome. 35. Master bathroom: cracked and waV':z' ceiling. 36. Improperly finished hot tub. 37. Grout missing from tiles. 38. Nails coming through walls. 39, Broken marble slab. 40. Improperly finished trinuning (vanity). 41. Improperly caulked shower, 42. Bathroom door does not close/lac};. 43. Boys room: broken windowsill. 44. Nails coming thru walls. 45. Missing cable TV and telephone wiring and outlets. 46. Jack and Jill bathroom: improper spackling throughout wall. 47. Improper spackling around switch fixture. 48. Chipped tub. 49. Sloppy trim work (poor workmanship). 50. Grout missing from tiles. 51. Sloppy caulking around tub floor (poor workmanship) . 52. Nails popping from wall. 53, Cracked wall. 54. Cracked ceiling. 55, Girls room: nails coming thru wall. 56. Cracked wall above window. 57. Missing window screens. 58, Missing cable TV and telephone wiring and outlets. 59. Wavy ceiling. 60, Upstairs hallway: Uneven floor ~r master bedroom door. 61. Squeaky and loose floorboards. 62. Cracked ceiling. 63. Improperly finished trap door. 64. Nails coming thru walls and ceiling. 65. Foyer: cracked ceiling. 66. Cracked base trim. 67. Inside trim missing from foyer window. 68, Loose hand rail on staircase. 69. Staircase railings need painting (has polyurethane) . 70. Stiarcase steps need painting (v'~rtical piece - white) . 71. Missing circular oak piece from :Eirst step of staircase. Once in place, needs to be sanded and Polyurethane. 72. Unfinished wall under stairs. 73. Hole in wall between steps, 74. Cracked uneven wall in front entrance. 75, Foyer switch box - lU1even wall; improper spackling, 76, Bot tom of stairs - globs of plas':er; improper f' ;h. 77. Door to basement does not lock, 78. Crack in wood floor between fOYElr and den. 79. Dining room: wavy ceiling. 80. Nails coming thru walls, 81. Cracked column base. 82. Wood floor - cracks throughout house. 83. Wall cavity for AC return not lined (air riding on insulation). 84. Cracking of ceiling between hall way and dining room. 85. Great room: cracked wall at sidE> of steps. 86. Nails coming thru walls. 87. Cracked wood floor, 88. Improperly finished - wall meets steps, 89. Wavy ceiling. 90. Den: nails coming thru walls. 91. Loose outlet box. 92. Powder room hallway: cracks in wood floor, 93. Nails popping thru cei ling and wall. 94. Improper spackling. 95. Powder room: cracks in wood floor. 96. Exhaust fan not working properly; very noisy. 97. Study: Unfinished study: final inspection required. 98. Insulation required under floor. 99, Non-functional electrical boxes in ceiling and wall to be removed, 100. Unfinished window trim on outside. 101. Missing cable TV and telephone l~iring and outlets. 102. Kitchen hall to deck: uneven floor (bump) and crack. 103. Deck slider door broken; does not run smoothly, does not close (se=ity lock) and loose handle (unable to tighten). 104. Kitchen: dishwasher is improper::y installed (sideways-crooked). 105. Dishwasher makes "hammering" sotmd water (noticed same sound present outside garden hose). when taking in when using 106. Cabinet door above dishwasher - big and deep scratch. 107. Adjustment required on bottom second cabinet door from oven (does not close properly). 108. Basement: Crack in basement wall on side of garage. 109. Cracking in basement floor. 110. Exposed hanging electrical wire by breaker box. 111. Rain water getting in basement from outside wall between garage and dining room wall. 112, Basement sliding door handle loose (unable to tighten) , 113. Electrical panel improperly grounded. 114. Garage: crack in garage floor. 115. Rain water getting in garage from outside wall (dining room side). After reviewing such claimed arguments of the parties and and Award as follows: defects and hearing the proofs ana-~" after due deliberations, I find CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE ---------------------------------------------.----------------------------------- CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE --------------------------------------------------------------------------------- 9. 10. 11. 12. 13. 1. Exposed electrical wire (driveway), 2, Garage circle top window frame broken -, to be replaced. 3. Foyer circle top window frame broken - to be replaced. 4. Gutter above garage improperly pltched. 5. Water in basement due to water running down dining room wall, 6, Also garage wall. 7. Front entrance - separation of brick edging from concrete slab and step. 8. Rain water accumulates at front entrance; pitch is towards the house instead of going away from house. (SAME AS #7 ABOVE) Big crack around the base meeting wall. (FRONT PORCH SAME AS #7 ABOVE) Caulk required at seam of deck by siding. Missing piece of J-Channel rear sl ider IJY deck. Clean up construction debris from back yard (back in wilderness). Septic tank pipes filled with dirt and rocks. YES PG 10, F,l1 PG 6, A.2 YES PG 3, III,E YES PG 3, IILE NO PG 11, F.12 YES PG 9, F,l YES PG 9, F.l YES PG 6, A.2 YES PG 6, A.2 YES PG 6, A.2 NO PG 10, F,ll NO ---'PG 10, F,7 NO PG 2, III.B YES PG 20, 1 CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE ---------------------------------------------.----------------------------------- 14. Septic tank pipes to be cut (flush with ground), NO PG 20, . 15. Lawn grass seeding. NO PG 2, III.B 16. Study wall light fixture to be removed, NO PG 4, E,5 17. Missing roof tile from walkout basement. NO PG 10, F.6 18. Driveway - loose pavement. NO PG 2, III,B 19. Window screens/patio door screens to be installed NO PG 12, G.13 and some to be replaced because of tears. 20, Study outside wall - cracking of stucco and cement plaster. YES PG 8, C.7 21. Guest room: nails popping out of walls. NO PG 13, H.2 YES PG 8, 0,1 YES PG 9, E.4 YES PG 9, 0,3 NO PG 2, IILA NO PG 4, E.5 ------- NO PG 13, H.2 22. Squeaky floors. 23. Nail coming thru base trim, 24. Bowed back wall - uneven. 25. Missing window screen. 26. Telephone wiring. 27, Guest bathroom: nails coming thru wall and ceiling. 28. Improper spackling. YES PG 13, H.2 CLAIMED DEFECT EUILDER RESPONSIBILITY REFERENCE ---------------------------------------------.----------------------------------- 29. Caulking - cracked between shower and tiled floor NO PG 13, H.4 30. Shower floor improperly se=ed (loose) . NO PG 17, :<.3 31. Master bedroom: nails coming thru walls. NO PG 13, H,7 32. Loose floorboards. YES PG 8, D.l 33, Cracked walls, NO PG 13, H,I 34. Improper spackling where ceiling meets wall in YES PG 13, H.2 dome. 35, Master bathroom: cracked and wavy ceiling. YES PG 13, H.:i.. NO PG 13, H.4 NO PG 13, H.4 NO PG 13, H,2 NO PG 13, H.3 NO PG 4, IV,E NO PG 13, H.4 NO PG 11, G.2 YES FG 3, III,E 36. Improperly finished hot tub. 37. Grout missing from tiles. 38. Nails coming through walls, 39. Eroken marble slab. 40. Improperly finished trimming (vanity), 41. Improperly caulked shower. 42, Eathroom door does not close/lock, 43. Boys room: broken windowsill. (OlJI'SIDE) 44, Nails coming thru walls. :<10 PG 13, H.2 CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE ---------------------------------------------,----------------------------------- 45. 46. 47. 48. 49. 50, 51. 52. 53. 54. 55. 56. 57. 58, 59. Missing cable TV and telephone wiring a,nd outlets NO Jack and Jill bathroom: improper spackling YES throughout wall. Improper spackling around switch fixture. YES Chipped tub. YES Sloppy trim work (poor workmanship). YES (GAP BETWEEN FLOOR AND DOOR JJI.!1B) Grout missing from tiles. NO Sloppy caulking around tub floor (poor NO workmanship) , Nails popping from wall, NO Cracked wall. NO Cracked ceiling, YES (TWO NAIL POPS NEAR DOOR) Girls room: nails corning thru wall. NO Cracked wall above window, NO Missing window screens, NO Missing cable TV and telephone wiring and outlets NO Wavy c811ing, YES PG 4, E.5 PG 13, H.2 PG 13, H.2 PG 17, K.4 PG 9, E.2&3 PG 13, H.4 PG 13, H.4 PG 13, H.2 PG 13, H.1 PG 13, H.l PG 13, H.2 PG 13, H.1 PG 2, III.A PG 4, IV.E.5 PG 4, E,5 PG 9, D.3 CLAIMED DEFELT BUILDER RESPONSIBILITY REFERENCE -------------------------------------------------------------------------------- 60. 61. 62. 63. 64. 65. 66, 67, 68. 69, 70, 71. 72, Upstairs hallway: Uneven floor by master bedroom YES door. Squeaky and loose floorboards. YES Cracked ceiling. NO Improperly finished trap door, YES Nails coming thru walls and ceiling. NO Foyer: cracked ceiling, NO Cracked base trim, YES (GAP AT TOP OF RIGlIT STRINGER AT LANDING IN FRONT HALL) Inside trim missing from foyer window. (GLAZING STOPS) YES Loose hand rail on staircase. NO Staircase railings need painting (has polyurethane) . NO Stiarcase steps need painting (vertical piece - white) . YES Missing circular oak piece from first step of staircase. Once in place, needs to be sanded and Polyurethane. NO Unfinished wall under stairs. YES PG 9, D.2 PG 9, D.l PG 13, H,1 PG 9, E.3 PG 13, H.2 PG 13, H.2 PG 13, H,: ?G 9, E.3 PG 3, III,E PG 3, IILE PG 15, H.16 PG 15, H,16 PG 9, E,2 PG 9, E.2 CLAIMED DEFEX::T BUILDER RESPONSIBILITY REFERENCE -------------------------------------------------------------------------------- 76. 77. 78. 79. 80. 81. 82, 83. 84, 85, 86, 87. 73, Hole in wall between steps. 74. Cracked uneven wall in front entrance. 75. Foyer switch box - uneven wall; improper spack I ing. Bottom of stairs - globs of plaster; improper finish. Door to basement does not lock. Crack in wood floor between foyer and d,en. Dining room: wavy ceiling. (AT HALLWAY TO KITCHEN) Nails coming thru walls. Cracked column base, Wood floor - cracks throughout house. Wall cavi ty for AC return not lined (all: riding on insulation). Cracking of ceiling between hall way and dining room. Great room: cracked wall at slde of steps. Nails corning thr~ walls, Cracked wood floor, NO NO NO NO NO NO YES NO YES NO NO NO NO NO YES PG 9, E.2 PG 13, H.l PG 13, H.2 PG 13, H.2 PG 12, G.ll PG 14, H.10 PG 9, D.3 PG 13, H,2 PG 9, E.3 PG 14, H.10 PG 19, K,II PG 13, H,I PG 13, H.l PG 13, H.l 2G 14, H.10 CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE ---------------------------------------------.----------------------------------- (2 CHIPS IN FLOORING)E 88, Improperly finished - wall meees seeps. NO PG 13, H,2 NO ?G 9, D.3 NO ?G 13, H.2 NO FG 20, L.4 NO ?G 14, H,10 NO PG 13, H,2 NO ?G 1.3, H.2 NO PG 14, H,10 NO ?G 191 K.14 ~IO ?G .::., III,A 89. Wavy ceiling, 90. Den: nails coming thru walls, 91. Loose outlet box. 92. Powder room hallway: cracks in wood flcor, 93. Nails popping ehru ceiling and wall. 94. Improper spackling. 95, Powder room: cracks in wood flocr, 96. Exhaust fan nOe worklng properly; veri noisy, 97, Study: Unfinished seudy: final inspeceion required. 98. Insulation requlred under floor, NO ?G 10, F,2 99, Non-functional elecerical boxes in ceiling and wall to be removed, NO PG 4, E.5 100, Unfinished window trim on outside. (MISSING J CHANNEL; IMPROPER INSTALI.ATION OF FLASHING) YES PG10,F.7 101. Missing cable TV and :elephone 'tliring anc. outlets ~10 FG 4, "" 0 ........J CLAIMED DEFECT BUILDER RESPONSIBILITY ~CS _____________________________________________0___________________________________ 102. Kitchen hall to deck: uneven floor (bunlp) and crack, YES PG 8, D.2 103. Deck slider door broken; does not run smoothly, does not close (se=ity lock) and loose handle (unable to tighten), YES PG :'2, t"'" " ~. ..- 104. Kitchen: dishwasher is improperly installed (sideways-crooked). ~O PG 4, S.5 105. Dishwasher makes "hammering" sound water (noticed same sound present outsi~e garden hose). when takmg in wher., using YES PG 18, :{.8 106. Cabinet door above dishwasher - big and deep scratch. YES PG :6, - -, 107. Adjustment required on bottom second cabinet door YES from oven (does not close properly), (DOOR WARPED) PG :7, J.3 108, Basement: Crack in basement ~"all on side of YES PG 7, C.2 garage, ( SIDEWALL OF GARAGE FOUNDATION) 109, Cracking in basement floor. NO ?G 6, E.2 110. Exposed hanging electrical wire by breaker box. NO PG '0 ~, - --, -,- Rain water getting in basement from outside wall YES PG 9, ..L...J... ........ --. between garage and dining room wall, 112. Basement sliding door handle loose (unable to tighten) , ~n:'<::: I~ PG --, G. ~~ :13. Electr:ca: panel improper~y grounded. ~o 2G , 0 --, CLAIMED DEFECT BUILDER RESPONSIBILITY REFERENCE -------------------------------------------------------------------------------- 114, Garage: crack in garage floor, NO PG 6, B.3 115. Rain water getting in garage from outslde wall (dining room side). YES PG 9, F,1 116, Cracked granite hear kitchen sink (resulted from YES plumber trying to balance dishwasher - advised Kathy 6/28/02), PG 3, III.E 117, Water dripping down chlmney. YES PG 10, F.8 118, Siding in back of house coming apart (loose). YES PG10,F,7 119, Cracked foundation outside wall -kitchen side, YES 2G8,C.7 120, Gaps be~ween windows and trim in k:tchen and girls room. YES PG 9, This constitutes my complete AWARD as to all items in dispute submi~ted to me for determination. A:i3 to any item for ~mich I have found Bui Ider Responsibility, the Builder has sixty (60) days upon its receipt of the Award in which to comply wi th this Award. Dated: -6J l.? \ 0'2..- Uj~~ Stephen Rapp i i , I , Ql~~~.LIT1- Bl-llDERS \V_-\RR-\.0"T)C CO RPORA TION 325 N. Second StreeT. Wormleysburg, PA i 7043 te!eohone: 717 737~2522 rax: 717 737-J288 August 19. 2002 SEXY VIA FA.X A,'ID ~A1L: 6ll9-73i-ii402 :'vIr, Rick Wilson P7eside::J.tial HilL LLC :: Yladison Avenue Pennington. NJ 085:3..1 RE: Enrollmem # 255674 Effective Date: 08-01..01 :'vIr. & :'vrrs, Fernando Samos. 15 Cheyenne Drive. Pennington. NJ 085:3..1 Dear:'vIr. Wilson: Enclosed please find a copy of the Arbitration Award in the above maner. I assume ;;ou have received your copy by separate mail. Please immediately torward :l ~eDair Speciiication Cocumem (RSD) to the homeowner, with a copy to us, so chat the homeowner may accept the document and repairs may proeeed as soon :l.S po::;sibie. _.i. RSD is a desC:-:ption of how you intend to fix each of the items :lwarGed cy the .~birrator, which documem is required by New Jersey Law. If you have any questions. piease do not hesitate to contact this office. '/ cry truly yours~ ffl/~/ f-t/!" Chad C. Harve:.r ': c'mplaint: "...\.dminiSl:ro10r CC:-I:dU Enclosure c~. :'vrr. & :'vrrs. Fernando Santos Exhibit B 15 ~ This const1T.utes lIlY complete AW1I1ID as to all i terns in dispute submitted to me for detennination. P.s to any item felr Whicb ! have found Builder Responsibili ty, the Builder has sixty (60) days upon its receipt of the Award. in Whic!'l to comply wi th this Award. Dated: ~ l.?\ 0"2..- /'U-c ~ ,,^- a_(Cy~'1Ce. jJL~~ Stephen Rapp ~;; 4':, / (/ ~~F ,/ ! ( .~ Exhibit B 16 Ql~~e-\LIT1~ Bl~ILDERS 'VVA.RR-\~T\~ CORPORA TION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737.2522 fax: 717 737.4288 August 28, 2002 SENT VIA FAX (609) 737-6402 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr. & Mrs, Fernando Santos, 15 Cheyenne Drive, Pennington, NJ 08534 Dear Mr, Wilson: I am writing in follow up to a letter I forwarded to you on August 19, 2002 asking for a Repair Specification Document (RSD). To date we have not received this information from you and it is my understanding from speaking with you on August 22 that you would be forwarding it to us. Please forward a copy of the RSD that you will be sending to the homeowner directly to us upon your receipt oftlris letter. Very truly yours, *- Chad C. Harvey Complaint Administrator CCH:dll Exhibit B 17 QUALITY BUILDERS "TARRANTY CORPORATION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737.4288 September 11,2002 SENT VIA FAX (609) 737-6402 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr. & Mrs, Fernando Santos, 15 Cheyenne Drive, PlmningtOn, NJ 08534 Dear Mr. Wilson: As you are no doubt aware I have attempted to contact you numerous times during the past two weeks regarding the RSD we have yet to receive in the above referenced matter, Please forward this RSD directly to our office by close of business today and send a copy to the homeowners as well. Failure to do so will require us to Confess Judgment against you, Very truly yours, " Chad C. Harvey Complaint Administrator CCH:dll Exhibit B 18 PrlsldlIIII.11I UC. Phone (609) 737-2323 Fax (609) 737-6402 2 Madison Ave, Pennington, N.J, 08534 September 12, 2002 Quality Builders Warranty Corporation 325 N, Second Street Wonnleyburg, PA 17043 Attn: Chad C. Harvey Complaint Administrator RE: REPAIR SPECIFICA nON DOCUMENT Enrollment# 255674 Mr, & Mrs. Santos 15 Cheyenne Drive Pennington, NJ 08534 Dear Chad, Attached is the Repair Specification Document (RSD) that you r,equested. As my assistant, Kathy explained to you on the phone today, the Santos' have failed to respond to our calls and letters over the past two weeks for us to schedule contractors to make the required repairs, As you are aware, the Warranty specifically requires the homeowner to be available during nonnal working hours fo:r repairs. They have failcd to do this for the past two weeks. Accordingly, we demand that the sixty (60) day time period be extended until the Santos' allow us access into their home for repairs. If you have any questions please do not hesitate to contact me at 609-737-2323, ~;;rr~JO\ .~ Merrick Wilson President cc: Mr. & Mrs. Fernando Santos page I of I Exhibit B 19 ~EP-13-a2 ~~;4~ ~I~ ,- r<..- ~ * .......::.... , .. "..... "'11III111II1111 LU. 2 Madison Ave, Pennington, N.J. 08534 Phone (609) 737-2323 Fax (609) 737-6402 REPAIR SPECIFICA nON DOCUMENT Enrollment# 255674 Mr, & Mrs. Santos 15 Cheyenne Drive Pennington, NJ 08534 I. Exposed electrical wire (driveway) Cover exposed wire with dirt. Seed and mulch. 2, Garage circle top window frame broken Fixed with plastic epol[}' provided by manufacturer 3, Foyer circle top window frame broken Fixed with plastic epoxy provided by manufacturer 5, Water in basement due to water running down dining room wall Caulk roof valley 6, Also garage wall Caulk roofvalley 7, Front entrance - separation of brick edging from concrete slab and step Done- replaced concrete slab 8. _ Rain water accumulates at front entrance; pitch is towards the house instead of going away from house (same as #7 above) Done - replaced concrete slab 9. Big crack around the base meeting wall (front porch same as #7 above) Cement the crack page I of 5 13 Septic tank pipes filled WIth dirt and rocks Clean out 20, Study outside wall - cracking of stucco and cement plaster Repair and reapply cement stucco 21. Squeaky floors Screw and glue floor 23, Nail coming through base trim Counter sink nail, spackle, sand and paint 24, Bowed back wall - W1even Apply spackle until wall is even. Sand and paint. 25, Improper spackling Re-apply spackle, sand and paint 32, Loose floor boards Screw loose floor boards 34. Improper spackling where ceiling meets wall in dome Re-apply spackle, sand and paint 35, Master bathroom: cracked and wavy ceiling Re-apply spackle, sand and paint 43. Boy's room: broken window sill (outside) Repair with manufuturer supplied epoxy 46, Jack & Jill bathroom: improper spackling throughout wall Re-apply spackle, sand and paint 47, Improper spackling aroWld switch fixture Re-apply spackle, sand and paint page 2 of 5 48. Chipped tub Repair chip 54. Cracked ceiling, (two nail pops near door) Counter sink nail pops, apply spackle, sand and paint 59, Wavy ceiling Apply spackle, sand and paint 60, Upstairs hall way: Uneven floor by master bedroom door. Remove carpeting toru: suh floor and reinstall carpeting 61 Squeaky and loose floor boards Screw floor down 63, Improperly finished trap door Install new trim 66, Cracked base trim, (gap at top of right stinger at landing in front hall) Spackle, sand and paint 67 Inside trim missing from foyer window (glazing stops) Install trim 70 Staircase steps need painting (vertical piece white) Paint 72 Unfinished wall under stairs InstaU trim 79, Dining room: wavy ceiling (at hallway to kitchen) Apply spackle, sand and paint 81. Cracked column base Apply spackle, sand and paint page 3 of 5 87 Cracked wood floor Repair crack, sand and fmish 100, Unfinished window trim on outside (missing J channel; improper installation of flashing) Install J channel and fiDish exterior window trim 102, Kitchen hall to deck; uneven floor (bump) and crack Sand and refinish Ooor 103. Deck Slider door broken; does not nul smoothly, does not close (security lock) and loose handle (unable to tighten) Repair guide, fix lock and screw handle tight 105, Dishwasher makes "hammering" sound when taking in water (noticed same prescnt when using outside garden hose) May tag service scheduled to come out on September 3rd, 200:2 106 Cabinet door above dishwasher - big deep scratch Replace cabinet door 107, Adjustment required on bottom second cabinet door from oven (does not close properly) (door warped) Adjust cabinet door 108 Basement: crack in basement wall on side of garage, (sidewall of garage foundation) Repair crack III, Rain water getting in basement from outside wall between garage and dining room wall. Caulk roofvalley 112, Basement sliding door handle loose (unable to tighten) Screw tight 115, Rain water getting in garage from outside wall (dining room side) Caulk roofvalley page 4 of 5 SEP-13-02 09:42 AM PRESIDENTIAL 61;:'97376402 p.0-r 116, Cracked granite near ki. "n sink (resulted from plumber trying to b....d1ce dishwasher - advised Kathy 06-28-02) Epoxy joint 117 Water dripping down chimney Caulk chimney cap 118 Siding in back of house coming apart (loose) Re-installloose siding 119, Cracked foundation outside wall - kitchen side Repair crack 120, Gaps between windows and trim in kitchen and girls room. Caulk gaps page 5 of 5 Ql~.c~LITr- Bl-1LDER~ \'YA~.RR~~T'l- CORPORATION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717737-4288 September 13,2002 Mr. & Mrs, Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Dear Mr. & Mrs. Santos: Please find enclosed with this letter a copy of the Repair Specification Document we received from your builder's office. I assume you have ah'eady received a copy directly from the builder but in the event you have not please take the time to review the enclosed document, It is my understanding from speaking with the builder that they have had difficulty in contacting you to schedule repairs to all outstanding warranty items. Please contact the builder upon your receipt of this letter to arrange for the scheduling of repairs. Hopefully this will begin to successfully conclude this matter, Very truly yours, -J#- Chad C. Harvey Complaint Administrator CCH:dll '\ Exhibit B 20 September 24, 2002 ,1"'\f\'---~ . ", ('l\:.!~l.i ~', . , (iJ :~.. :__' ,J r;)_ ' D :R ))bJ.,J SENT VIA FAX (717-737-4288) SENT VIA FAX (609-737-6402) Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Mr. Chad Harvey Quality Builders Warranty 325 North 2" Street Wormleysburg, PA 17043 Re: Enrollment #: Effective Date: Builder: 255674 August 1, 2001 (Settlement Date 08/09/01) Presidential Hill. LLC Dear Mr. Harvey: We are in receipt of your letter dated September 20, 2002 requesting that we forward a listing of dates our home will be available for repairs. A copy of this letter will be faxed and sent today to the builder via FedEx. The available dates for repairs are as follows: . September 27,2002 (Friday) 7:00am - 5:00pm . September 30. 2002 (Monday) 12:00pm - 5:00pm . October I, 2002 (Tuesday) 12:00pm - 4:00pm . October 3, 2002 (Thursday) 2:00pm - 5:00pm . October 4, 2002 (Friday) 12:00pm - 5:00pm . October 7, 2002 (Monday) 7:00am- Il:OOam . October 8, 2002 (Tuesday) 12:00pm - 4:00pm . October 9, 2002 (Wednesday) 1:00pm - 4:00pm . October 10.2002 (Thursday) 7:00am - 5:00pm . October II. 2002 (Friday) 12:00pm - 5:00pm . October 14. 2002 (Monday) 7:00am - 12:00pm The above dates and times are well beyond the 5 days the builder stated he needed to complete all interior repairs, Upon the builders review, we are kindly requesting that he send us in writing a letter indicating which agreed upon repairs. per the Repair Specification Document. he will be making with dates and times corresponding to the above listing. In the past, many scheduled appointments were made for the spacklers, painters, flooring people. electrician, and plumber to come in and repair the deficiencies and they did not show. There were many lost work-days on our part. To avoid this. it is expected that when appointments are made and confirmed, the builder abide by them and should the repair person not be at the home at the scheduled date and time. the builder will have defaulted and we do not have any further obligation to grant the builder additional time to make the repair. The following lists the items. per the Repair Specification Document. by which we have Agreed or Disagreed with the method of repair per the builders list dated September 12, 2002: Outside I. Exposed electrical wire (driveway) Agree - Builder is to cover exposed wire with dirt; seed and mulch. Exhibit B 21 2. Garage circle top window frames broken - to be replaced Disagree - According to the arbitrator's decision, the frame is to be replaced. The frame is broken (big pieces missing), The silicone caulk/plastic epoxy is unacceptable, We paid for new windows not broken windows. 3. Foyer circle top window frames broken - to be replaced Disagree - According to the arbitrator's decision, the frame is to be replaced, The frame is broken (big pieces missing), The silicone caulk/plastic epoxy is unacceptable. We paid for new windows not broken windows. 5. Water in basement due to water running down dining room wall Agree - Builder is to caulk roof valley to prevent water from seeping into the basement, 6. Also garage wall Agree - Builder is to caulk roof valley to prevent water from seeping into the basement, 7. Front entrance - separation of brick edging from concrete slab and step Agree 8. Rain water accumulates at front entrance; the pitch is towards the house instead of going away from the house (SAME AS #7 ABOVE) Agree 9. Big crack around the base meeting wall (FRONT PORCH SAME AS #7 ABOVE) Agree 13. Septic tank pipes filled with dirt and rocks Agree - Builder is to clean out the pipes. 20. Study outside wall - cracking of stucco and cement plaster Disagree - Builder has reapplied cement stucco but crack still remains. Guest Room 22. Squeaky floors Disagree/Agree - Not enough detail to base decision, If builder means he will lift carpet, repair floor (lift plywood, glue, screw) and then re-install carpet to current state, then we Agree, 23. Nail coming thru base trim Disagree - Builder needs to replace trim because trim is damaged (big V-shaped cut) beyond spackle. 24. Bowed back wall - uneven Disagree - Bow exceeds over .y.,", Applying spackle/compound to correct deficiency is not acceptable nor is it within building standards. Applying over .y.," of spackle/compound to such a large area will cause wall to crack once spackle/compound is dry, Guest Bathroom 28, Improper spackling Missingfrom Builder's List Mater Bedroom 32. Loose floorboards Disagree/Agree - Not enough detail to base decision, If builder means he will lift carpet, repair floor (lift plywood, glue, screw) and then re-install carpet to current statc, thcn we Agree, 34. Improper spackling where ceiling meets wall in dome Agree Master Bathroom 35. Cracked and wavy ceiling Disagree _ Bow exceeds over lI,", Applying spackle/compound to correct deficiency is not acceptable nor is it within building standards, Applying over lj," of spackle /compound to such a large area will cause ceiling to crack once spackle/compound is dry, Boys Room 43. Boys room: broken windowsill (OUTSIDE) Disagree _ The windowsill is broken (large piece missing), Silico"e caulk/plastic epoxy will not fIX the broken, missing piece, We are not able to open the window because' the insects get in through the large broken windowsill, despite the screen on the window, We paid for n'tw windows not broken windowsills, Jack & Jill Bathroom 46. Jack and Jill bathroom: improper spackling throughout wall Agree 47. Improper spackling around switch fixture Agree 48. Chipped tub Agree 49. Sloppy trim work (poor workmanship). (GAP BETWEEN FLOOR AND DOOR JAMB) Missing from Builders List. 54. Cracked ceiling (TWO NAIL POPS NEAR DOOR) Agree Girls Room 59. Wavy ceiling Disagree - Bow exceeds over Ilj,", Applying spackle/compound to correct deficiency is not acceptable nor is it within building standards, Applying over Ilj," of spackle/compound to such a large area will cause ceiling to crack once spackle/compound is dry. Upstairs Hallway 60. Upstairs hallway: Uneven floor by master bedroom door Disagree/Agree - Not enough detail to base decision, If builder means he will lift carpet, repair floor (lift plywood, glue, screw) and then re-install carpet to current state, then we Agree. 61. Squeaky and loose floorboards Disagree/Agree - Not enough detail to base decision. If builder means he will lift carpet, repair floor (lift plywood, glue, screw) and then re-install carpet to current state, then we Agree. 63. Improperly finished trap door Agree Foyer 66. Cracked base trim (GAP AT TOP OF RIGHT STRINGER AT LANDING IN FRONT HALL) Agree 67. Inside trim missing from foyer window (GLAZING STOPS) Agree 70. Staircase steps need painting (vertical piece-white) Agree 72. Unfinished wail under stairs Agree Dining Room 79. Dining room: wavy ceiling (AT HALL WAY TO KITCHEN) Disagree - Bow exceeds over '4", Applying spackle/compound to correct deficiency is not acceptable nor is it within building standards. Applying over '4" of spackle/compound to such a large area will cause ceiling to crack once spackle/compound is dry. 81. Cracked column base Agree Great Room 87. Cracked wood t100r (2 CHIPS IN FLOORING) Agree Study 100. Unfinished window - trim on outside (MISSING J CHANNEL; IMPROPER INSTALLATION OF FLASHING) Disagree - Finish of exterior window is unacceptable (sloppy finish), Installation of J channel is acceptable, Kitchen Hall to Deck 102. Uneven t100r (bump) and crack Agree 103. Deck slider door broken; doesn't run smoothly, does not close (security lock) and loose handle (unable to tighten) Disagree - Unable to tighten handle (broken-unrepairable), Do agree with repairing guide and fixing lock if builder is able to fIX handle, Kitchen 105. Dishwasher makes "Hammering" sound when taking in water (noticed same sound present when using outside garden hose) Disagree - A plumbing issue, Condition also occurs when using garden hose, 106. Cabinet door above dishwasher - big and deep scratch Agree 107. Adjustment required on bOllom second cabinet door from oven (doesn't close properly) (DOOR WARPED) Agree Basement 108. Crack in basement wail on side of garage (SlDEW ALL OF GARAGE FOUNDATION) Agree Ill. Rain water getting in basement from outside wall between garage and dining room wall Agree 112. Basement sliding door handle loose (unable to tighten) Disagree - Unable to tighten handle (broken-unrepairable), Do agree with repairing guide and fIXing lock if builder is able to fIX handle, Garage 115. Rain water getting in garage from outside wall (dining room side) Agree Miscellaneous 116. Cracked granite near kitchen sink (resulted from plumber trying to balance dishwasher - advised Kathy 06/28/02) Disagree -Granite is uneven (off balance) and cracked, 117. Water dripping down chimney Agree 118. Siding in back of house coming apart (loose) Agree 119. Cracked foundation outside wall- kitchen side Agree 120. Gaps between windows and trim in kitchen and girls room Disagree -Gaps too big, approximately 1),", Windows improperly installed, Windows must be re- installed and aligned, Please note that by accepting to repair the above agreed upon items. the builder is responsible for clean up and ensuring that all furniture and accessories are covered to prevent spackle dust and paint from settling on furniture and floor. Past performance by the builder. or la.ck thereof, has made it necessary to include this clause. We have had to pay cleaning services to clean our home several times after the builder's contracted help spackled/sanded and painted the walls. Please contact us should you have any questions. You may contact Julia at 609-730-3476 during the day or contact us during the evening at 609-818-0697. We thank you for your assistance in trying to resolve this matter, Kind regards. C~ - / ,. ./' .' ,"-~'r~-<':<-~i.iC'/.kkcj~ / I----=--'" /' /' ,I , ~y ~~'t:~ -reryando & Julia Santos~ 0 '- Cc; Rick Wilson, Presidential Hill L.L.c. Heidi Bizzell. Construction Arbitration Services REQUEST FOR ARBITRATION! COVER LETTER Date: 2-0ct-02 To: Construction Arbitration Services, Inc. 2777 Stemmons Freeway, Suite 1452 Dallas, TX 75207 Re: QBW Enrollment # 255674 Please process the arbitration request for the referenced file, The pertin'~nt information and parties to this arbitration are set forth beiow. Warranty Infonnation Warranty Co. Contact Infonnation Warranty File Number: Effective Date of Warranty: First Written Notice: 255674 8/1/01 3/21/02 Warranty Contact: Chad C. Harvey Address: Quaiity Builders Warranty Corporation 325 NClrth Second Street Wormi,eysburg, PA 17043 Telephone: 717-737-2522 Facsimile: 717-737-4288 Builder Infonnation Homeowner Infe,rmation Name: Presidentiai Hill, LLC Name: Mr. & Mrs. Femando Santos Contact: Rick Wilson Address: 15 ChE!yenne Drive Pennington, NJ 08534 Home Phone: 60.9-818-0697 Work Phone: Address: 2 Madison Avenue Pennington, NJ 08534 Telephone: 609-737-2323 Attomey: Address: Facsimile: 609-737-6402 Attomey: Address: Teiephone: Telephone: Exl\ibit B 22 QU.A.LITY" BUILDERS \\/~A.RR-\~TY~ co RPORA TI 0 N 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 October 2. 2002 Ms, Heidi Bizzell Case Administrator Construction Arbitration Services, Inc. 2777 Stemmons Freeway, Suite 1425 Dallas, TX 75207 RE: Arbitration Enrollment # 255674 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 Effective Date: 08-01-01 First Notified QBW: 03-21-02 CAS Case #: 02-1856 Dear Ms, Bizzell: We hereby designate Construction Arbitration Services, Ine" to resolve a dispute between the homeowners and the Quality Builders Warranty und,:r the terms of the Informal Dispute Resolution procedure set forth in our Limited Warranty Agreement. Name and Address of Homeowner: Mr, & Mrs, Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 Phone: (609) 8 I 8-0697 (H) The effective date of the homeowner's Warranty is March 21,2002, Name and address of Builder: Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 Phone: (609) 737-2323 Ms, Heidi Bizzell October 2, 2002 Page Two Enclosed is a specimen warranty. Please schedule a Method of Repair Arbitration and have an arbitrator assigned to the case, We have also enclosed a copy of the Builder's Repair Specification Document as well as a letter from the Homeowner noting the items they disagree with. Additionally please contact the homeowner and builder to arrange a mutually convenient arbitration date. Also enclosed is a check in the amount of $ 500.00 made payable to Construction Arbitration Services. rnc, for the cost ofthe Method of Repair Arbitration, Sincerely. /!If Chad C. Harvey Complaint Administrator CCH:dll Enclosures cc: Mr, & Mrs, Fernando Santos Mr, Rick Wilson Presidential HilL LLC . CD M M en M. N o o N "'M ,.-; ,.-;.w o\u ,.-;0 i..: ;j ,,- .J:l" =0 S..::a=: Z <..> ..:<J! <">U ~ o Ul Q) U 'M Z :> o .... ~ ~ ~ <:: '" 0 o 'M U .w >- (1j !Z .... .0: .w '" 'M '" .0 .0: .... ;; o<C <n '" :g .... ..J .w 5 Ul '" <:: >- 0 >- u ::; .0: :0 o <= ~ .. E- N o " ~ <..>'<') .-10 o ~ ~IO .= I ,...., ~ ~ S ~ ......., ~ ~ .... t ~..... ::: -.... ~ ... "> ....... ~~ ~ ~ '*" t: b.:. ~ ~ c;:" ~ ~ '\0.;> \:; ~ ...... ...... .. ~ ~ CD M M en M '" :z ~~ WM u~ o:~ w", :;0 :;'" o u z o '" en i= r-: 2; ex: <l: u)'" w ex:o~ OOza. ...J 0..0 . -ex:u(') :::lOw", Cll <n:J >UIIIl I- >I-~ - 1-0:: L.U ...Jzo-l <l: <l:z:; :::J a:~ a:: CJ ex: ",0 <l: ;; ~ " o ...0 ~o "0 ~U") < - ,.-; <J}- ~ ~ . N .._0 :::0 ~N M .w u o Q) <:: g 0 ;:; ~ Ul .... 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Best regards, p~ Kathy Callahan Exhibit B 23 15 Cheyenne Drivll Items Compk,ted .. ~------- .- 1TEM# LOCATION PROBLEM 5 outside lWater in basement due to water running completed down dinino room wall -.. 6 outside also oarae wall completed .- 7 outside Front entrance - separation of brick completed edaino from concrete slab and steo -- 8 outside r' .."",,,,,m"ote..l1ro,' i completed ntrance; the pitch is towards the hOUise instead of g~ing away from the house I . same as #7 -,. 9 outside Big crack around the base meeting w.i11 completed front porch same as #7) '.--."., 28 Guest Bathroom Imeroper spacklina com2!eted 34 Master Bedroom Improper spackling where ceiling mee'~ completed wall in dome ..... 46 Jack & Jill Bathroom Improper spacklina throuohout wall completed ." 47 Jack & Jill Bathroom Improper spackling around light sWitchj completed ~xtu re -_.. 48 Jack & Jill Bathroom Chiooed tub .J comeleted .- 49 Jack & Jill Bathroom Sloppy trim work (gap between f10Dr al~dl completed Idoor iamb) --, 54 Jack & Jill Bathroom Cracked Ceiling (two nail pops near completed Idoor) .-- -. 63 Uostairs hallwav Imorooerlv finished trae dDor completed .-, B6 Foyer Cracked base trim (gap at top of right completed strlnaer at landine in fronl hall) 67 - Foyer Inside trim missing from foyer window Trim installed but Mr I(olazino stoosl Santos did not apprQ, 701 Foyer Staircase steps need painting (verticle completed piece. wMe) (Last time the painter - there) ___ 72 Fover unfinished wall under stairs comeleled -, 81 Dinin!l room Cracked column base com Dieted .- 106 Kitchen Cabinet door above dishwasher - big compleled and deeD scratch --_. 108 Basement Crack in basement wall on side of completed aaraoe (sidewall of oaraoe foundation) 111 Basement Rain water getting in basement from completed putside wall between garage and dining "" :room wall -- 115 Garage Rain water getting In garage from completed outside wall-Idinlna room walll . 117 -Miscellaneous Waler drieDina down chimnev completed -- 11 B 1__Mi.~cellaneous Siding in back of house coming apart completed (loose) -- ---, I ~~ ,~ l -I I I I "1 ..-j "--1 I I ~._-l I -l I ::i ve I wasl I --j , I i j . 15 CheYllnnll Drive Items Complel:ed Miscellaneous Cracked foundation outside wall - kitchen side ] completed _J V\.. 1 e....:: we.. .....;....4",I'i Ic......c..' <"Jf'ILJI'1l.\..-Hl-i0i'1:' r-. 1/ e.. , -' !, li~'11 . , " f .' j i J ,0;U ~JOOr ! I I ' , , FACSIMILE TRANSMITTAL SHEET TO: l"ROM: Julia Santos DATE: Cha.d Harvey COMPANY: Quality BuildeIS Wammty r:.'\X NUMBU: 717-737-4288 , TOTAL NO, OP'PAGJ,S INCLUDING COVEll: 10/23/2002 ' , " PHONE NUMBER: 717-737-2522 2 SENDER'S REF6RF.NC:E NUMnnn: ' Enrollment # 255674 , llE.: YOUR. ltEfEllENCE NUMBER; Request of Dates I o URGENT 0 FOR RF.VIEW o PLEASE COMMENT X PLEASE REPLY; " , I : 'I o PLE,,\SE I\Etyd1.E , I ' , I I. I , ,I , Hi Chad, ; , I As requested, the following dates and times should be given to the builder to ha~'" the floor, items #8~ and #102, fh:ed and repaired: 'I ' , i : , 1 , ' October 24,2002, Thursday 11:00am - 5:00pm October 25, 2002, Friday 2:00pm - 5:00pm , I O'nee again, QBW has given the builder an ""tension of time when he ";.,, clc:uly defaulted, It 'is m~ i undersro.nding that the builder had until October 18,2002 to repair the items that were agreed upo4- The builder had sufficient time to get all items repaired and failed to do so, The following ag!:eed upon items till ~n";.,~ " " , I lUes OUtso.a.o~. !.' I ' I . , "I #5 - Wacer in b.sement due to wat"" moning down dining room w.ll i #6 - War"" in basement due to wat"" running down SW'se ",all. #13 -Septic tank pipes /illed with dirund rocks, #67 - Inside trim missing from foy"" window (Glazing stops) #81 - Cracked column base #87 - Cracked wood floor #102 - Uneven floor (bump) and crack in kitchen hall to deck,' #111 .:. Rain w.ter getting in b.sement from outside #115 - Rain Water getting in garage from outside w.1l (dUUng tOom Side) #117 - Water dripping down chimney , : , , , I .'11' " I I , . . . ! . . . . . . '; , I i I I, I, '! Exhibit B 24 v\-. C":: '-'''- ....... --+::1-1(1 I l:..L: JI'If'IGi'1~\-M 1- ..i.VI'l~ '-.C i. I' I I , i , I We have continuously gone ou, of ow: way to accommodate the bu.ildeJ .od abi~e by dBW'S reque~'s, aod in the end the builder still h.. the upper hand despite his lack of c"bpet.aoi! and his Uilw:e '0 Iepair the deficiencies. I I is clear that the W2mIIlty ptocess has failed"" and ".;e are v6:y disappointed with the outcome. ! . I ; I I, ! I've jus, spoken with the flooring repaiIInan and he ""'P"essed his inabi~ty to pe:zfoml die work if tht Iepair to the plywood/beams is 00' dooe by the builder first. The builder must first rep:w: the deficiency I "I unclemeath the flooring before the actual floor goes down, i , ' i I Jusr forthe record, you stared that our of the 120 items that were on the originai arbilnrlon list" approximately half have made it to the Repair Specificaaon Document. j11>a, is the c..~ becaUse, at: QBW's IequeSt, we wen: to allow the builder to come in '0 repair the i'~ prior to the larbitution date. Thus, many smaller items WCIC addressed by the builder and came off ,ne list, Meaning the arbitIatoI evidenced the fact that they were addressed and indicored a "No". Ifw~'were notto allpwthe build,Cr in prior to the arbitIaaoo dare, pnctically all 120 items would remain, ""ceopt fOI a j>aodful'of contractual items. :, ii,' I' i I , , I A~, I express my discootcIlt and have concluded that the wananty 01> our ho?se is not to protect;the homeowner but to protect the build... Thor is a sad statemen' to be m~de in this great FOuntty of ours. Please contact me as soon .s possible to confirm d.tes and times. Th>rak you. .gards, Z <~ ~p; i 609-730-3476 I , I " , I I ! " : : I -"--'-~~-'-'- ~_. - PresldeOUa. .11. LLC. 2 Madison Ave, Pennington, N.J. 08534 Phone (609) 737-2323 Fax (609) 737-6402 November 13. 2002 Heidi Bizzcll Construction Arbitration Services 2777 Stemmons Freeway Suite 1452 Dallas, Texas 75207 Re: CAS Case #02-3081 QBW Case #0255674 Denr Ms. !line!: Pursuant 10 the above dispule and Method of Repnir, the following method of repair is proposed for the disputed items, per the repair list daled September 12,2002: #2 Garage circle top window frame - piece chipped on edge Repair: The window manufacturer, Silverline Windows, has provided u.~ with an epoxy repair kit. which they recommend for cosmetic repair of vinyl window frames, The chip does not effect the integrity or operation of the window, After repair of this cosmetic trim, it will be the same in integrity, appearance, and durability as a new frame, The window is not broken, Repair as specified by the manufacturer is the proper method of repair, #3 Foyer circle top window frame chipped, Repair: the window manufacturer, Silverline Windows, has provided us with an epoxy repair kit, which they specify for repair of cosmetic vinyl trim on their windows, This material provides the same strength, durability, and appearance as the original vinyl. The window is not broken, and functions perfectly. This cosmetic repair is all that is required, and specified by the manufaclurer. #20 study outside wall - cracking of cement on foundation wall Repair: Cement parging will be reapplied \0 the foundati,on wall seclion with the crack, or cement with a polymer bnse will be used to fill the crack. #22 Squeaky !loors Repair: the carpet will be lifted, and the subnoor nailed with as many nails as required 10 eliminate the squeak, The carpet will then be reinstalled. No building codes require screwing of sub floors, Exhibit B 25 #23 nail coming thru base trim , ' Repair: nail will be pulled out; wood putty will be applied to any cut, whIch will be sanded to match the trim; and the finished wood will be painted, #24 bowed back wall in Guest room Repair: Bow will be repaired with coals of spackle to bring the wall to wi~in 1/4 inch over a 32 inch vertical surface. Coating the wall with spackle to correct the bow WIll not cause cracking when it dries, After spackling, it will be painted, This is the correct method of repair, #32 loose floorboards in Master bedroom Repair: the carpet will be lifted; the sublloor will be rena.iled using as many nails ~ required to secure the subl1oor; and the carpet will be re-installed. No building codes reqUire screwing of subfloors, #35 cracked and wavy ceiling in Master bedroom Repair: Any cracks or waves will be repaired with spackle to bring the ceiling to within 1/4 inch over a 32 inch horizontal surface standard, O)ating th,: wall.with spackle to correc,t any waviness or cracks will nol cause eracking when it dries, After spackling, it will be painted. This is the correct method of repair. #43 Boys window, chipped vinyl trim on windowsill Repair: the window manufacturer. Silverline Windows, has provided us with an epoxy repair kit, which they specify for repair of cosmetic vinyl trim on their windows, This material provides the same strength, durability, and appearance as the oril~inal vinyl. The window is not broken, and functions perfectly. This cosmetic repair is all that is required, and specified by the manufacturer, #59 wavy ceiling in girls room Repair: Any waves will be repaired with spackle to bring the ceiling to within 1/4 inch over a 32 inch horizontal ~urface, Cnating the wall with spackle to correct any waviness or cracks will not cau~e cracking when it dries. After spackling, it will be painted. This is the correct method of repair, #60 upstairs hall, uneven floor by master bedroom door Repair: the carpet will be lifted; the subnoorwill be sanded or planed down and renailed using as many nails 8S required to securlrthe slIbfloor; and the carpet will be re-installed. No building codes require ~crewing of subfloors, #61 squeaky and loose floorboards in upstairs hallway Repair: the carpet will be lifted; tJ,e subfloor will be renailed using as many nails as required to secure the sub floor; and the carpel will be re-installed, No building codes require screwing of sub floors, #79 Dining room wavy ceiling Repair: Any waves will be repaired with spackle to bring the ceiling to within 1/4 inch over a 32 inch horizontal surface. Coating the wall with spackle to correct any waviness or cracks will not calise cracking when it dries. After spackling. it will be painted, This is the correct method of repair. ~ - - -- #100 Unfinished window trim on outside of study Repair: The side of the house is faced with vinyl siding, Vinyl siding buts up against vinyl windows in J channels ] channel has been correctly placed against the circular window. No other method of repair is indicated for vinyl siding installation. # 1 03 Deck slider door Repair: The door handle will be tightened, and reinstalled so it locks properly. The door will be reset.on the track so it slides smoothly, # I 05 dishwasher hammering sound has been fixed by the, manufacturer # 112 basement sliding door handle loose Repair: The door hiUldle will be tightened, If it cannot be tightened, it will be replaced with a new handle, # 116 granite near kitchen sink Repair: The granite is not cracked. The seam between two pieces of granite needs to be epoxy repaired to close the seam, This repair is what is done by all granite installers, #120 gaps between windows and trim and kitchen and girls room Repair: If there is a gap. the gap will be spackled or caulked to close the gap. If spackled, it will be painted ailer spackling. Respectfully ~tL Merrick Wilson President . Dee-O/-OZ 05:17pm F rcm-G,OBA, STRA, : OUTSOURC I NG 609-730-7848 H95 POI H9l FACSIMILE TIlANSMITTAL SHE:E,T Chad Harvey COMl'^NY~ Quality Builders Watt.my f:h'X NUMBER: 717-737-4288 FROM: Julia Santos TO: !M1"E: 12/2/2002 1"0'1'.'\1. NO. Or ll'hCSS INCl.UOlNG COVER: 27 717-737-2522 st:Nonn:s R1!r:r::ItE:NCl:: NUM~J!Jl: Entoilmem # 255674 l'IIONr:: NL'M&Sl\: rm.: YOUR tlr,rrmnNct: NI:JM611R: Request of Dates o URCEN1' 0 POI' RolN1CW o PLEASE COMMENT X PLEASE: REFLY D FLEASE RECYCLJ; Hi Chad, Enclosed i. the Method of Rep";,, document along with Exhibits (A-G) that WlIS sent [0 CAS, Heidi Bizzell, on November 22, 2002, I mc:3nt to send this to you earlier but the week became quite shoEt due '0 the Thanksgiving holiday. Please review and let me know QBW's re"olution as it IelateS [0 ,he Agreed !rems still outstanding, n.oks. ~--/~~~ 609,730-3476 Exhibit B 26 D,e-OZ-OZ 05:11pm From-GLOBAL SiW' ': OUTSOURUG ciu8-i'~G-:'6t;.Ci I'-';~: ,..~, .--I<l.:l 22 November 2002 F emando & Julia Santos 15 Chey=e Drive Pennington. NJ 08534 Phone: 609-818-0697 Work: 609-730-3476 Ms, Heidi Bizzell ConstrUction Arbitration Senrices, Inc. 2777 StemmeD:! Freeway, Suite 1452 DaHos, Texas 75207 Phone: 214-638-2700 Fax: 214.638-4054 Re: CAS File #02-3081 QBW File '# 0255674 Dear Ms, Bizze 11. The below method of repair is proposed for the dispured items per the Award letter dated August 13, 2002 and the: repair list dated September 24, 2002. Please note that document!: from external sourceS supporting proposals for a Method of Repair to bring the defecr(s) Within warranty standards are enclosed. The documents are as follows: . Exinbit A - Township of Hopewell Memorandum from Mr. Dr.ke Rizzo Building Inspector . Exhibit B - AI' A Requir"""",ts . Exinbit C - 1996 BOCA National Building Code Chapter 16 . Exhibit 0 - Wellisch ArchiteclS AlA Inc. - Proposal/Method of Repair . Exhibit E - PMT Contracnng Company, Inc, - ProposallMetbod of Repair . Exhibit F - Nation-Wide Building & Remodeling- Proposal/Method of Repair . Exhibit G - SilverLine Manufacturing Window Company - Proposal/Method of Repair Disae:ree Items #2 Garage circle top window frames broken -to be replaced Please refer to Exhibit A. Exhibit F and Exhibit G for more detail, - Per window manufacturer, Silverline Windows, Edward Schultz - Dmoclor, the epoxy kit would not l'epair the frame especially since the pieces are missing and the breaks are not straighr. Even if attempted, the repair would not bave the same integrity, appearance and durability of a new fr=. Whether or not the damage effects the operation of the window is irrelevant. We paid for new windows not broken windows, (When you buy a new car, you expect Q new car no' a dented car.) Window must be replaeed. #3 Foyer circle top window frames broken - 10 be replaced Please reler ro Exhibit A. Exhibit F and Exhibit G for more detail. - Per Window manufacrurer, Silverline Windows, Edward Schultz - Director, the epoxy kit would not repair th,: frame especially since the pieces are missing and the breaks are nor straight, Even if anempted, the reparr would not have the snme integrity, appearan~ and durability of a new frame, Whether or not the damage effects the operation of the window is irrelevant. We paid for new windows not broken windows. (When you buy a new car, you expect a new car not Q denIed car.) Window must be replaced. #20 Study outside wall- cracking ol'stucco and cement Per site visit by Nation-Wide Building & Remodeling. Gary Krusch. on November ll, 2002, cement must be removed and wire mesh musr be placed over new plywood wan and pre-existing foundation cinder-block wall. StuCCO must then be reapplied :ll;f05S entire: :iurface. In addition, the aluminum aim wh=t"c it meets lof4 De,-D2-02 05:17pm Frcm-GLOBAL STRA' : OUTSOURCING m-m-ISI,s i-295 P u; HIS the vinyl siding must be repl.1ced, Furthermore, the style of the vinyl siding used on some areas of tbe study out>id. wall does nor match the s,ding on the entire house, Unmatched siding must be removed and replaced with the same style used throughout entire house, #22 Squeaky floors Please refer to Exhibit A, Exhibit B and Exhibit D for II1DTe dt'tail. - Per Wellisch An:hitects - Yuval Welliscb, carpet must be lifted, lift plywood, glue and screw and then re-lIlStall carpet to current condition. Per the AY A requirements, "to ensure the panels will be firmly and p=anenrly secured [0 the jOlSts, wipe away waler, dusI and debris before applying glue, Apply glue..... #23 Nail coming rhru base trim Please refer 10 Exhibir A and Exhibil D (method of repair included in #2~.) for more detail, - Trim must be replaced due to excessive damage. #24 Bowed back waU- uneven (Guest Room and HaUway) Please refer to Exhibit A, ExJubit C llIld Exhibit D for II1Dre delllil. - Per Wellisch Architects - Yuvel Wellisch, wall musr be opened, sheetrock removed and replace 2x4', to properly align wall, Not a spaclding issue. Wall must then be rcconslnlcted to proper condition to satisfy 1996 BOCA National Building Code Chapter 16, Section 1604,5,6, #32 Loose floorboards Please refer to Exhibit A, Exhibit B and Exhibit D for more detail. - Per Wellisch Architects - Yuval Wellisch, carpet must be lifted, lift plywood, glue and serew and then re-install carpet to cum:nt condition. Per the AYA requiremenls, "to ensure lbe panels will be fltll1ly and pennanenrly secured to the joists, wipe away water, dusr and debris before applying glue. Apply glue..,.. #35 Cracked and wavy ceiling - Master Bathroom Please refer to Exhibit A, Exhibit C and Exhibit D for more detail. - Per WeUisch Architects - Yuval Wellisch, deficiency is due to poor framing, Not a spackling issuc, COITective action, which is to rebuild roof and redo framing, is not feasible without performing major recon;lrUction, Ceiling would then be reconslnlcted to proper condition to satisfy 1996 BOCA National Builchng Code Chapter 16, Section 1604.5.4, WelIisch Architects suggests monetary sertlement but notes that collar ties must be placed in attic to connect rafters in order to relieve some of the pressure that i. caused by the weight on the roof thereby creating bows on the ceiling. #43 Boy. room: Broken windowsill (Outside) Please refer ro Exhibit A, Exlubit F and Exlubit G for morc detail. - p." window manuf.cturer, Silverlin< Windows, Edwurd Schul12 - Director, the epoxy kit would nor repair thE: frame especially since the pieces are missing and the breales are not straight. Even if attempted, the repair would not have the same integrity, appearance and durability of a new frame, Whether or not the damase e:fIeclS the operation of the window is irrelevant. We paid for new windows not broken windows, (When you buy a new car, you expecr a new car not a dented car,) Window must be replaced. #59 Girls room: Wavy ceiling Please refer to Exhibit A, Exlubir C and Exhibit D for II1DTe detail. - Per Wellisch Architects - Yuval Wellisch, deficiency is due to poor framing. Not a spackling issue. Corrective action, which is to rebuild roof and redo framing, is nor feasiblc WlthOUl performing major teconslnlction, Ceiling would then be ,econstructed 10 proper condition to satisfy 1996 BOCA National Building Code Chap,er 16, Section 1604.5.4. Wellisch An:hitects .uggest. monetary settlement but notes that collar ties must be placed in attic to connect rafters ill order to relieve some of the pressure that is callsed by the weight on the roof thereby crearing bows on the:' ceiling. #60 Upsrair. hallway: Uneven Ooor by master bedroom door Please refer to Exhibit A, Exhibit B md Exhibit D for more detail. - Per Wellisch Atchitecrs - Yuval Wellisch, Clltpet musr bc lifted, lift plywood, cut plywood to appropriate length, apply smoothing bond jf 20f4 0,c-02-02 05:18pm From-G,OBAl Sii~ 'C OUTSOURCING 60S-ilQ-1848 T-295 P 04 F-iE3 necessary to ensure floar is leveled, gluc and screw and then reinstall carpet to. CU1TCIlt candition to. cnnfnrm 10. the 1996 BOCA Natin",,1 Building Code, Chaptet 16, Sectinn 1604.5.4, Furthcrmore, pet the A:PA requirements, "to. ensure the panels will be fltmly and permanently secured to. the: jnists, wipe away water, dust and debris befare applying glue. Apply glue..... #61 UpsuJr. haUway: Squeaky and 1005e floorboards Please refer to Exhibit A, Exhibit B and Exhibit D far more detail. .. Per WeUisch Architects - Yuval Wellisch, carpet must be lifted, lift plywaad, glue and screw and then re.install carpet to CUlTent eandition. Per the A:PA requirements, "0. ensure the panels will be firmly and petIl=ently secured to. the jnists, wipe away water, dust and debris befnre applying glue, Apply glue..... #19 Dining room: wavy ceiling (at hallway to kitchen) Please refer to Exhibit A, Exhibit C and Exhibit D fnr mnte detail. -. Per Welliseh ArchitectS - Yuv.1 Wellisch, deficiency is due to paor framing, Not a spackling is.'ll<. Om.crive actian, which is to. rip up ceiling and redo frammg, is Ion costly and nnt feasible wilhnut perfnmling major re<:nnsltuction. Ceiling wnuld [hen be recnnstrUcled to proper cnndilinn to satisfy 1996 BOCA Natinnal Building Code Chapter 16, Sectinn 1604.5.4. Wellisch AIchitectS suggests an alternative solutian; header shauld be built to hide the deficiency and finished with molding to. be prnperly cnnnected to existing molding ar existing mnlding to. be replaced to. include spackling and painting. #100 Unfinished window - l1'im on outSide (missing J channel; impr.,per install.tion of n.shing) Please refet 10. Exhibit A and Exhibit F fnr mnre delail. - Per Natian-Wide and Building Inspeclnr, installation nf a dnuble hung window with a pasl nr a one windaw with a factory installed mullinn would repair the deficiency. Currently, the windows ar not aligned with the ",ullion thetefore the rainwaleI getS under the siding and eventually rots the wood, Pnorly dnne. Addilic'n.l1y, some of the siding mllSt be replaced with the cnrrect style nf siding used thrnughaur the e"tire hause, #103 Deck slider door Please refet to Exhibit A and Exhibit F fnr I1",Ore detail. - Per Nation-Wide Building & Remodeling, damage is beyond repairable, Entire unit needs to. be replaced, #105 Dishwasher "hammering" noi.e fiXed by plumher not the man"racturer. Not a manufacturer defect. #112 Basement sliding door Please refer to. Exhibit A and Exhibit F for I1",Ore derail. - Per Narian-Wide Building & Remodeling, damage is beyond repairable, Entire umt needs to. be r""laced, #116 Cracked granite near kitchen sinl< (resulted from plumber tryi,ng \0 balance disbwasher) Please refer to Exhibil A and Exhibil E fnr more detail, - Per Princ:elnn Matble and Tile ConlI1eting Cnmpany, cnunter InpS musl be repiaced. Repair of chip will make ..,am lOa wide by appraximately \4" which is unacceptable and not within industry standards. Therefnr. en,tire counttrtap muSI be replaced in arder for granite to. match since it is from "natural stone" and must be fr(,m the same Int to match, #120 Caps between windows .nd trim in kitchen and girl. ronm Caull: gaps and then paint, Structural Deficiency Bosement - Lally Plate missing from support column Please refer In Exhibit D, ., Per Wellisch ArchitectS -Yuva! Wclliseh, lally plate must be presenl at 10.1' of beam. Beam can not be cut; must cut column to insm lally plate. 3nf4 Dec-Dl-Ol 05:18pm From-GLOBAL STRA' 'OUTSOURCING 6U9-i3D-7848 7..,5: I., " H93 Aereed Items bUl no work was done 10 remedy deficiency (still outstanding), PiclUl'es andlor video available, Build.... bas defaulted many tUnes on lhese items and lherefore will nOl be givon anotha oppornmity to remedy deficiencies, itemS are to be settled by Quality Builders Warranty in the form of complete repairs, nOl 10 be performed by Presidential Hill or its ,ubcomr!clors, or in the fonn of a value senlement The items ate as follows: . #5 Water in basement due to warer running down dining rOom wa.ll . #6 Also in garage wall . #13 Septic tanK pipes filled with dirt and rocks . #67 inside trim missing from foyer window (Gluing SlOpS) Please note that per Exhibit F, window must be replaced since it is manufactured as a whole unil. The inlegrity of lhe window has been compromised. Conclusion: Window must be replaced. . #81 Cracked column base . #87 Crad",d wood floor . #107 Adjustment required on bottom second tabinet door from oven (doesn't dose properly) (Door Warped) . #111 Rain water getting in basement from outside wall . #117 Water dripping down ellimney Thank you for your assistance in this maner and let me know if you or Mr. Rapp have any questions, Please call me at (609) 730-3476 work or (609) 818-0697 home, I look forward 10 a notification regarding the Arbitration Date. Thank you. egards, ~ -,' /,/~-~ .~ ~ /Ja V, Santos , Cc: Chad Harvey, Quality Builders Warranty Kenneth. Butka, BUIeau of Homeowner Protection Willi.'UIl White, Municipal Construe110n Official 40f4 Oec-OZ-QZ 05:18pm From-GLOBAL Si, ;IC OUTSOURCING eOHsa-rS48 j-iS5 ? uc r-r"E3 E )( ~ ; b ,. -I- A TOWNsmp OF HOPEWELL MEMORANDUM TO: William White, Municipal Construction Official FROM: Drake Rizzo, BuildingfFire Inspector DATE: October 24, 2002 SUBJECT: 15 Cheyenne Punch List Blocl.. 75, Lot 4.04 Outside 2), Garage circle top window frame The window manufacturer should replace th,~ exterior window flange due to excessive damage. Please follow the manufacturer's installation instructions to maintain the manufacturer's warranty, 3). Foyer circle top window frame Guest Room The window manufacture should replace the exterior window flange due to excessive damage. Please follow the manufacturer's installation instructions to maintain the manufacturer's warranty, 22). Squeaky floors Please follow the attached AP A requirements: Steps to Construct a Solid, Squeak-Free Floor System. 23), Nail coming through base trim Builder should replace this section at base trim due to excessive damage. 24), Bowed back wall uneven Please review the attached min, code requirements, Refer to New Jersey's current adopted 1996 BOCA National Building Code Chapter 16, Section 1604.5,6 Walls: #1. After perfonning the calculation 1/180 = 'Iz allowable deflection in 8' - 0', Remediation will requir,: a repair plan and inspections, 0,e-02-02 05:18pm From-GLOBAL STR! 'C OUTSOURCING 60;-;30-;848 HiS P 07 HS3 Page 2 Block 75, Lot 4,04 Master Bedroom 32), Squeaky floor Please foltow attached AP A requirements, Steps to Construct a Solid, Squeak-Free Floor System. 35). Cracked and wavy ceiling Please review the attached min, code requirements: Refer to New Jersey's current adopted 1996 BOCA National Building Code Chapter 16, Section 1604.5.4 Floor/Ceiling. After performing the calculations 1/360 = allowable I" in 30' - 0", Boys Room 43), Broken window sill (outside) The window manufacture should replace the windowsill due to excessive damage, Please follow the manufacturer's installation instructions to maintain the manufacturer's warranty. Girls Room 59), Wavy Ceiling Please review the attached min, code requirements, Refer to New Jersey's current adopted 1996 BOCA National Building Code, Chapter 16, Section 1604,5.4 Floor/Ceiling. After performing the calculations 1/360 = allowable I" in 30' - 0". Upstairs Hallwav 60). Uneven floor at master bedroom door Please review the attached min. code requirements, Refer to New Jersey's current adopted 1996 BOCA National Buildil1g Code, Chapter 16, Section 1604.5.4 Floor. After performing the calculations 1/360 = allowable I "inch in 30' - 0". D,c-Q2-DZ as: Ilpm F rom-G,OBAL SiR! I C OUiSOURC I NG tluS-f30-r'84b I'-'~O r ..alia r-r'~J Page 3 Block 75, Lot 4.04 61), Squeaky and loose floor boards Please follow the arrached AP A requirements "Steps to Construct a Solid, Squeak-free Floor System, Dininl:! Room 79). Hallway to kitchen Please review the attached min, code requiremenrs, Refer to New Jersey's current adopted 1996 BOCA National Building Code, Chapter 16, Section 1604.5.4 Floors, After perfonning the calculations 1/360 allowable l"inch in 30' - 0". Studv 100), Unfinished window Window manufacturer should determine the installation of (2) two separate single double hung windows with a post or (1) one window with a factory installed mullion. 103). Deck slider door broken Alternate means at ingress and egress must bel in proper working order, Please contact the door manufacturer to visit the site and evaluate the condition at the door. Replace the entire assembly unless appropriate repairs can be made, Kitchen 105), Dishwasher has water hammer Consult Plumbing Official Basement 112). Basement sliding door has a loose handle Alternate means of egress and ingress must b,~ in proper working order, Please contact the door manufacturer to visit .the site and evaluate the condition at the door. Replace the entire assembly unless appropriate repairs can be made. Dec-02-02 05:18pm From-GlOBAL SiRI 'C OUTSOURCING 609-150-11148 H95 P 09/28 H95 Page 4 Block 75, Lot 4,04 Miscellaneous 116). Cracked granite near kitchen sink Please contact the manufacturer of the granitt~ and the installer (Kitchen Cabinet Company) to visit the site and evalwlte the current condition at the fmished surface. Replace the entire top unles:s suitable repairs can be made. 120), Gaps between windows and trim (interior) The window manUfacturer needs to visit the !lite and evaluate each and every condition regarding the installation of the windows, Provide suitable repairs that satisfy the manufacturers installation instructions and the min, code requirements, In conclusion, please provide copies of writtc:n reports, repair plans, and results of the manufacturers' field represental:ive's inspections and evaluation results to the Hopewell Township Construction Office. Dec-02-02 05: 18pm F rom-G,D6A, SiR!' " C OUiSOURC I NG o~S-i3u-I';~46 ;-,SO r', i ~I '0 r"'{=~ Exh:~,+ j lTEP1TD CONSTRUCT R ~OllD, 'SOUERK-FREE HonR SYSTEM If not inst:alled properly. floor systemS em squeak, buckle, and cause nail-pop, To cut callbacks due to these problems, Collow the simple D.oor construction stepS below. APA recommends a glued floor system. Step 1: Choose rhe correct materials. Dry lumber Is more dimensionally srable than green lumber, As it dries, green dimension lumber tends to cause nail-pop, making bumps under the finish flooring, These bumps can lead to squeaks and to accelerated wear of the finlsh floating, APA SlIUCtur.U panels are manufactured in a variety of grades and thlci<nesses, When selecting your floor panel, consider the applied load, joist spacing. finish flooring and floor system (Le, , single floor or subfloating plus underlayrnem), See Table 1 Cor the panel that Is best Cor your job, Step 2: Panel spacing is recommended, leaYIng room for expansion due lD changes in moisture content. From dWr initial milJ..dry State. panels will expand as they reach rheir equilibrium moisture content. II they are installed without room to expand. panels may buclde. APA recommends leaving 118M space at all sheathing and Sturo-l-F1oor edge and end joints. 1ncIudlng tongue-and-groove joints. See FIgure 2 for tongue-and-groove spacing. 10 further minimize the potential for panel buckling. allow panels to accli- matize prior to installation, 10 do this, stand panels on edge for several day.;. allowing air circulation to all sides, Step 3: If using a glued floor sysrtm, , select an adhesive conforming to AP<\ PerformanceSpedficationAFG-Ol. To prevmt premature chyout of the adlle- stYe, spread enough glue to lay ONlY 1 or Z panels at a time. 10 insure the panels will be 6rmly and permanently secured to the joists, wi~ away watel; dust and debris before applying glue, Apply glue (aboUt l/4-inch diameter bead) to framing membels in a contin- uous line. or in a setpetlDne pattern in wide areas. Glue all tonguMnd-groove joints by spreading glue in groove. Avoid squeeze-out by applying a thinner line Cllbout l/8-inchl than on joists. Complete all naillng oC each panel before the glue sets or skins = Check glue manufacturer's recommendations for allowable time, Remembel; wann weather acceletateS glue setting. FIGURE 1 l/S' "",<ing ii_ended at 011 end and edg8 joints unless oIhetwise indicated bY panel manur..ctu....., Stagger end joiMl (optionot for .ubil_ panelsl T__nd.g_ edges (ot ~.Iumber bIocIdng ""'-" mpports Of minImum lW Ihick >>A Under- =~ ~ joinflloflootall_ 2' from ..me-Ioinlll NOte: fIrroyIde odequote 'fentllotion and UM QtOC.Ind CCJrtt8I' 'lCJpor relaid" in uawt_. I\molo must be dry bolo... app1ylna finish floor. Si....,pofred g1u.. botto joiIIs and tongue--and-QI"OOY'I joint (or between panels and edge bIaclOng) 2lc I"'''', plywood....bbod "1" jais1s ... 1_ ""....-16.. 19.2", ~"ar3Tac (4x "'ppa.... ..r 48" ac .paclng) >>A IloNId SIurd~.fIoor or APA Rated Shecrthlng APA The Engineered Wood AssoclatlCln Oee-a/-i/ 05: 18pm F rcm-O,OBAl SiR.' 'i C OUTSOUR.Cii10 ..'; ciu~-r3a-r'S4ci .,.",' Huwru MINIMIZE BUCKlIN6 OF RSPHRt T Cn MPOSITIO N IHIN 6LfS Of all the residential roofs in the United StateS, 95 percent are sheathed with stn1c~ral wood panels, That's beC3use the panels are easy to install and form an =ellent substrate for finished reefing such as organic and fiberglass/asphalt shingles. Proper installation is important, however, if you want CO ensure optimum performance of the shingle roofing and reduce roof callbacks and complaints, Roof coverings such as asphalt composition shingles may buckle when moisture conditions Clluse the roof covering or deck substrate to move, Buckling may occur over deck joints, Buckling is not a new phenomenon, but it has become more common with shingles as their weight and compo- sition have changed. With,careful appliC3tion of your materials, howevel; you can minimize the potential for shingle budding and improve the cosmetics of the finished job. The following suggestions perrain to the handling and application of Struc- tural panel roof sheathing and prepared roofmg materials such as felts, and organic and fiberglass/a.<phalt shingles. 1. Ventilate AItic.s. Energy-efficient buUding designs call for consnuction features that prevent moisture buildup in attics, Significant amounts of moisture vapor introduced into living spaces (e.g" showers, dishwasher.;, humidifiers, clothes dryers, ete.) must not be allowed to collect and condense in attics. Good venDlation should be incorporated. The most effective attic venDlation system is a combination of both eave and ridge vents, Model building codes require that the net free ventilation area be lJ300th of the c:e:iling area, provided there is either a vapor retarder in the ceiling. Or at least half of the ventilating area is in the upper parr of the attic wi m the balance provided by eave or soffit vents. If neither of these conditions exists, the net free ventilating area shall be not less than 1/150th of the ceiling area. These requirements were estab- lished 35 years ago, With tOday's super- insulated and sealed homes, more vend- lation may be necessary. NOTE: A worc/ oj caution on ventilaling ilTea: The -nel.frc'c ventilating area - is a froaion oj me overall size oj (J. vent Depending on vmtilatDr design. it ~ be one-thinl to one,half oj till: gross area. MeW sure me ventilawr is sized on a lit! fa arca basis. Vent bath and kitchen exhaust fans through the roof to outside ait 2, Install a Vapor Retarder, A vapor retarder on the warm side of the ceiliI18 minimizes me amount of warer vapor entering the attic and reduces the venti,. lation requirements as noted above, Openings in the ceiling created for eIectrkal fixtures and plumbing stacks should be sealed so there is no air leak- age between the living area and the attic: space. A vapor retarder should also be used on gtlIcie in crawl space houses. A P A The EnRine'e'Tcd Wood AUOc:idtiol'l i-,~j r I i/,d ~-(S~ , ,'.~ , .. ';'.'~.'I' ';", ~.~.~.. .,~,....,..;. 3. Store Panels on Saingcrs or Suppons, It is good practice to acclimatize panels prior to installation, whenever pOSSIble, Howeve.; the shead1ing should be protected against direct exposure to inclement weathet Panel bundles should be stored on level 4x4 scringer.; or other supports, so they are not in direct contaCt with the ground. Ar.least three stringer.; should be used to suppOrt 8-root panels - one centered and the other two approlci- mare1y 12 to 16 inches from the ends. Even though the weather will not affect the saucrutal integrity of APA Rated Sheathing. it should be covered when stored outside to la:ep ir clean and to prevent uneven accumulation of moisture. If moisture accumulation is expected, CUt steel banding on panel bundles to prevent edge damage. If plastic sheets or tarps are used, keep them open and away from sides and bottom of piles in order to assure good air circulation around me panels, of. Space Panels 1/8 Inch. Due to the manufacturing process, sheathing may be very low in moisrore content when produced. Because panels will increase in length and width as they pick up moisture hom humid air or from rain, panels should be spaced at least 118 inch at ends and sides when they are fastened to framing. 0,,-02-02 05:19pm Frem-GLOBAL STRI IC OUTSOURCING 609-130-11148 H85 P 12128 F-i63 WURKE R 58 FETY ON PITCHED ROOFS Worker safety is important on any constrUction job site. Piu:hed roofs are no exception, There are several factors that contribute to avoidable accidentS while installing strUctural wood panel roofs. This Builder TIp from The Enginemn Wood Assodation describes those faCtolS and simple precautions that can improve the smty of working conditions on roofs. FilSt. it is impOrtant to understand the faCtors that can contribute to accidenrs. 1. Pitch of rooE The steeper the pitch, the more difficult it is for workers to maintain their footing without additional smty protection, 2. Moismre. Rain, snow or frost may cause slippety surface conditions on roofs. 3.Sawd.ust and dirt on the roof su~ If worl= alt and aim panels on the roof. they may leave sawdust on the roof surface. Sawdust or dirt particles may cause slippery conditions on roof surfaces. 4. Foocwear. The tnlction of shoes Clt boots varies with the type of materi<tl used on the soles, A worker who WealS shoes or boots with poor traction is at ~ter risk of slipping on the roof deck S. Tripping Hazards. 10015, electric cords, articles of clothing, eu:., can contribute to a tripping hazard, Safety Recommendations You can address these roof safery factolS with the following precautions: 1. T....ofL On steeply pilChed roofs, make sure that IOofworkets wear a safety belt and that they are securely' tied off to a fall-resistant device. Even a roof which is not steeply pitched ll1lLY require such safery devices if the risk of serious injury or death is present because of the distance of any fall or for other reasons, 2. Avoid working on wet roofs. If a roof is slippery from raln, snow or frost, the best precaution is to wait un til the roof surface is dIy, If work must continue, consider additional APA The Engineered Wood Associa[ilJn safery precautions, such as tieing of[ workers and using special roof shoes with skid-resistant clears. 3. Keep the roof surface clean. Keep a dust brush or broom handy to sweep the roof to remove any loose sawdust, particles, or dirt. 4. Vkar robber-soled shoes or boots. Rubber~led boots typically provide better aaction dum leather~led boors. Some crepe-soled boots also ' have good craction. Regardless of sole type, workers should not wear shoes or bootS that have worn soles or heels. Special roofer's boots with small skid- resistant metal clears are also available. 5, Use skid-resistant side of APA Perlormance Rated Panels, Frequendy, Onented Sn-and Board (OSB) panels are textured or splatter- coated on one ,side to increase traction on the panel surface. When installing OSB panels on a ioo~ malcr:,sure that the skid-resistant side is up. Continued on back D8C-02-02 05:19pm From-GLOBAL STR/I C OUTSOURC I NG c05-i30-itl48 i-295 I, ,/28 HS. , , , " .HORR6E "NO HRNOllN6 Of UP H lR ROE M R R KED P R N H S To assure optimum performance, APA trademarked strUctural wood panels musr be srored and handled properly, The following guidelines will help prorecr panels from damage in scorage, during shipmem, and on rhe jobsire. Handling In Transit Take precautions [0 prorecI panel ends and edges during shipmenr, especially with rongue-and-groove and shiplap-edged producl:S, Place panels on pallel:S or bunks before moving them with a forklift, Build plarform of cull panel ana $Cf'Qp lurnber'" . <4$ fa, tlacklng poneIs. Stretch plaslic film OV8' platform '0 block passoge of ground moiS!t,ltf:. If panels are shipped on open trUckbeds, cover rhem wilh a wp, ];or open railcar shipment use lumber wrap ro keep panels dry and clean. Storage in the Yard and on the Jobslte Whenever possible, srore panels under a rooL l<eep sanded panels and appl:ar- ance-grade plOduclS aW9:f from high traffic areas ro prevent dsmage lO surfaces. Use pieces of lumber [0 weighr down the lOp panel in a stack 10 reduce warpage from humidity. If moisture absorption is expecred, CUI sleel bands on bundles ro prevenr edge damage, Nail film to top panel and drape over ends for prOlec1ion ogQinll driving rain. Weienl lower end with 2 )C 4. A P A The Enginttfed Wood Association If panels mUSI be stored outside, srack them on a level pLatfonn suPPOrted by at leasllhree 4lc+s ro keep them off rhe ground, Place one 4x4 in the center and the other twO 12 [0 16 inches from the ends, Never leave panels or the plarfonn in direcl conraCI with lhe ground. Cover rhe srack loosely with plastic sheel:S or rarps, Anchor the covering al the lOp of the srack, bUI keep ir open and away from the sides and bottom to assure good ventilation, Tight coverings prevenl air circulation and when exposed lO sunlighl, may promore mold or mUdew, Lay two 2 X 4$ on top of stade. Stretch film'owr track and $8C"'fI 10 tie-down 5tolcai. D80-02-02 05:18pm Frcm-GlOBAL STRA' : OUTSOURCING 608-iJO-7i46 HiS P i4m Hil , CUT'Cn lLD a CK5 WITH PROPER ~PHCIN6 UNO NaiLING Spacing Recommendations fur APA Rated Sheathing, APA Rated Stura-I- Floor; and APA Rated Siding. Plywood and other wood sauctural panels. lil<e all wood products, will expand or shrink slightly with changes in moisture con=t, If expansion is prevented by tightly butted paneljoin,ts, buckling can OCCUt And that can me.;ltl costly. timlXonsuming callbacks. To prevent buckling and to assure best perlonnance, follow these panel spacing and nailing recommendations. Spacing Hint: A lOd box nail may be used to I!iluge liS-inch spacing between panels, Spacer-type panel edge clips may also be used for roof sheathing applications, See reverse side for nailing schedule. Ed._ Joints: 1/." $pacing j, recom. mended at 011 panel edge joints unlus Oth8rwj~ indicated by Ino mOl'lufClou(8(. A P A The Engineered Wood Association End Join'" 1/1" spacing is I'KOm. mended at all panel end joints unless otherwise indicated by the monvlactv..r, D80-02-02 05: 190m From-GLOBAL STRA' C OUTSOURCI NG .09-130-i848 HE5 r i5m i-iS; RPRPRN EU , . fOrS'OHIT ApPLI[RTlONS APA trademarked panels can enhance the appearance of almost any roof overhang, Quality APA panels are also an appealing alternative to other materials used in soffii applications., Other advantages include: . . Stiffness and strength . Lightweight . Negligible shrinkage. warping, or twisting . Ease of fabrication and installation . Availability There is a variety of APA face grades from which to choose. Selecting the appropriate panel depends primarily on whether the soffit is open or closed. Recommended spans for open and closed panel soffits are given in Tables 1 and 2, The recommen- dations in Table 1 for open soffits also apply to combined root'ceiling construction. Panels are assumed continuous over twO or more spans with the long dimension or strength axis across supports for both applica- tions. ror spans of 32 or 4S inches in open soffit constrUction, provide adequate blocking, tongue-and- groove edges, or other edge suPPOrt such as panel cUps, Minimum capac- ides are at least 30 psi live load, plus 10 psf dead load. fiGURE I Open Soffit APARat.d ----------=~ Sheath;~9 Shim at each raker for flum joint. at cncnae of p'onellhidcncm. ,fn.c....ry / Proled edges or Exp~l,jro l sheathing Qgoinst pltf'monenl exposure fa woafhel' Use ony appropriate API>. &terior Qf Ex!)osur. 1 ponal erode and IhieknO$l for desired oppOClrcnce and load-cany!n; cClpClcity (See Table 11 TABLE 1 APA Panels for Open Soffit or for Combined Roof Decl<ing_CeilingC.)Cbl (Long diftleuion across supports) Maximum Panel: Dc.scripdon Span _,a, fop...... 1 Spcdcs Group (Inches) QnUlla1:.,;m -na;~) f.r 15132" IIPA RAlCO SIDING 303 1.2.3.+ 16 15m" IIPA Me'O ancl Sanded PI)"NOOd 1.2.3.4 15/32" IIPA ,!ATED SIDING 303 1 15m"IIPA MOO ond Suulcd Plywood 1.2,3 H 19m" APA RATED SIDING 303 1,2,3,4 19132" Al'A MeO ond Sended Plywood 1.2,3.4 f.PA RATED ~MlD.I.fLOOR 16 ec 19/32"IIPA 'IlATED SIDING 303 1 19132" IIPA MOO and Sanded PI)"NOOd 1 32 23m- IIP~, Tatum! Plywood 1.2.3.4 23m" Al'A MOO ond Sanded Plywood 1.2,3,4 APA RAlEJ SlnJRD.l,FLOOR 20 ec 1,IJ8'" APA TI:XlIlm! PI)"NOOd \.2,3,4 48 J.PA RAlCO Sl:um.l.FLOOR 48 ec (I) All panels will suppon 1llto1<, 30 pslllvetead plus 10 psCdead toed al tnelOmum'l"n, (h) Fat 'ppwmc< PUTpoS<S, bloclQng, longu..and-uoOY< odges 0' o,her ..I<&ble ed,e suppans should be pravi.c.ed. APA The Engineered Wood Auodacion 00c-02-02 05:19pm F rom-GLOBAL sm' 'c OUTSOURC I NG 6GH,o-ra48 j-lS5 r Ict26 r"'I'6~ P'RDPER INSTRLLRTlON OF APH RRTED ~HIRT H I N 6 FO R ROD F R P P LI C R TI 0 N S Like all consaucdon materials, APA Rated SheadUng panels must be installed correcdy to insure best perfor. mance. Nearly all roof sheathing com. plailllS are due to incorrect installation, Following these simple consauction stepS will provide Dest perlormance and minimize complaint callbacks, STEP 1. Always check for Jeve\ nailing surlace. This can be done with a piece of lumber (6 Ceet to 10Jeet long) or a long carpenter'S level Trusses or raftelS should be shimmed as necessary to provide a leveJ nailing surface, If top chords of ttUSSeS or t:lfrers are warped or bowed, install bloclOng to straighcen, STEP 2. Provide roof veruiladon accord. ing to building codes (see hints below), Pane! space,.rype edge clips Shingle under1aym~' felt Roof shingle, Sequence 1. Inslall roof framing Clnd check alignment - de no' fnrCoed Span Rating shown on sheathing PQne'~. 2. Provide for adequate ventilation. 3. Place and nail J,lA pCIIM8ls with lone dimension perpendicular '0 suppom, unless atrength Qxit is othel'W'i.. identified Ispocing is recommended}. lach piece mull b. continuous over at lea.' fWo 'Pans. Use minimum 24oo1n..wlde panels. 4.1""011 .ninele .nderlorment, 5. Install roof COWInn;. Ventilation hints 1, Minimum net &ee ventilation area cf 960 square inches for each 1,000 sqUlIl'e feet of eeUing area is required. When vents are located at eaves or soffits and near peak or along ridge for ma.'<irnum air flow, &ee vent area may be reduced (minimum '180 square inches per 1,000 sqUare Ceet), 2. Vent exhaust air from lcitchens and bath to outdoots with vent pipes tha't run through the rooC cavity or attic te. roof ventilatots. Do not vent exhaust air directly intO roof cavity or attic. 3, lnsrall hames between framing anellor under roof sheathing at eaves to insure that ceiling or rooC insulado'n A PA Th. Engineered Wood A,sodati,)n does not block ventilation paths. For vaulted or cathedral, roof constnlction, provide free ventilation path from eaves to ridge between all nifteIS. STEP 3, Panels should be fastened with a minimum of ad eommcn nails spaced at a maximum of 6 inches on center at supponed panel ends and edges, At. internlediare supportS, fasten panels 12 inches on cente:t In high wind areas more fasteners may be tequired. Fastenets should be nominally 318 inch from panel ends and 3/8 inch from panel edges (see hints on following page). For pitched roofs wur skid. resistant shoes. Place screened ' surface of panel or side wilh skid. resistant coating up. lIe- spoco at pgnel end, and .de" recom- mended "nl~ otherwise indi. cated by pon~ manufacturer Stroightedge or carpenter's lINt! Ventilated blocking 08C-OZ-OZ as: 19pm F rem-GLOBAl SiR 'IC OUTSOURC I NG 609-790-;646 HSO P Ii/Z6 i-iS9 <PROPER SELECTION RNO INHR1LHTlON oFR'PR PLYWOOD UNDERlHYMENT Allow underlaymem panels to adjust [0 aanosphelic conditions by standing them on edge for severo! days in the woms where they will be installed, 3. Installing Underlllymenc. Inspect the sublloor for smoothness along joints and fiallles5 between joists, When necessary. sand the subfioor N:ar joints; install ema blocking and re- fasten the subOoor to llatrel1 uneven areas, Also check the sublloor for squeaks 3Ild re-fasren as necessary beWre installing the underlayment. Install plywood underlaymem smooth side up, on a dry subfioor, immediately before laying the finish fIooting. For maJCimum stiffness, under1ayment should be installed with the face grain perpendicular to floor joists, Stagger end joints ofundedayn>ent pands ~e Fig. I). All Joints of the underlayment panels also should be olfset &om the joints of the sublloor panels a minimum of two inches unless othetwise One of the keys to good petformance in flOOlS is the right combination of sub- floor, underlayment and finish Ilooring. Whi1e MA Rated Srord-I-Floor is an excellent bese for carpet and pad, a separate layer of plyWood underlaymen[ is recommended for some types of finish flooring (see Table 1). 1. Selecting Onder1aymeut. Underlaymcnt grades of plywood have a tcUch-sanded or fully-sanded face and a special imler-ply collStrUction that resists dents and puncrures, AppUed as recommended. plywood Ul'Ider\ayment also provides excellent dimensional stabUiry and smoothness. If a resilient floor covering such as sheet vinyl or tile 'is to be installed, use plywood gtades recommended in Table 1, Where DoolS may be subject to unusU2l moisrure, use Exterior type panels, 2, Handling Onderlll~ent. Always proteCt plywood undertayment from moisture or d2mage prior to installation. FIGURE 1 APA Plywood Underlaymenl 1t81iliIJnt t;1. or sheet CJoocls. carpet or nonrlruaural hOOring APA plywood underlayment (See Table 1 for underlayn'llltnl rKOmmendotiol\$ fOf finfsh flooring productsl Provide 1/32'"' space between undertoyment butt jointl Na'e: For flOOR inttalled ow'" a Crcrwllpclce. use 0 ground vapor retarder and provide venlilotion 10 mee1 building code requirements and prevent mccO'SSlve \'Gfiotion& in tnoll1ure con..nt of subfloor and ~nderloyment. A PA The Engineered Wood "'uocialion recommended by the finish Hooting manufacruret Space underlayment panels 1132 inch at ends and edges, ... Fasteners and Fastenillg Schedules. Recommended fasteners and schedules are given in Table 2, Fas= should not peneuate framing. Begin installing fasteners at an edge and move toWard the opposite edge. maldng sure the panel lies fiat. Do not overo.tive or undero.tiVe fastenelS, Overdriving can result in "lelegraphing" fastener or panel joint location through resilient tile or sheet fiooting, fastenelS puWng through underlayment panels i! later exposed 10 moisture. or fioor squeaks due 10 movement betWeen underlay- ment and subfioor panels, Check 10 insure that fasteneX heads are flush with. orslighdy below the panel ' surlace. If staples are used, install with the Staple crown pmllel to the face grain direction of the plywood, to prevent "chipping" ohhe face ply. StoQGOfOd end join1s optional for &ubRoor ponall Stagger end ioin1S in underloyment ponels (optional undor carpel ond pod) and offset 011 jo;n.. from _ of . the subfloar panels I>J'A Rated S"""thlno or board subflooring (subAoor mu5t b. dry before laying underlaymont) ------------ No blodcinu r.quir.d if underloyme"1 join" 0111 offset from aubRoor join', Dec-02-02 05:20pm Frcm-G,OBAl SiRA-C OUiSOURCiNG 609-13O-i848 HIS I, ans i-ISO EX-h;b:+ t CHAPTER 16 STRUCTURAL LOADS SECTION 1601.0 GENERAL 1601.1 Scope: The provisions of this chapter shall control the su;ucroral design of all buildings and strUctures, or portions , thereof, hereafter erected, * SECTION 1602,0 DEFINITIONS 1602,1 General: The following words and terms shall, for the purposes of this chapter and as used elsewhere in this code, have the meanings shown herein, Balcony (exterior): An exterior floor projecting from and sup- ported by a strUCtlll'e without additional independent supports (see Section 1606,0). Deck: An exterior floor supponed on at least twO opposing sides by an edjacent StrUctUIe, posts, piers or other independent supporu (see Section 1606,0), Load: Forces or omer acdons that arise on strUctural systems from the weight of all permanent constrUCtion, occupants and their possessions, environmental effects, differential settl.. ment and restrained dimenSional changes. Dead laad: The weight of all materials of constrUction incor- porated into the building, including but not limited to, walls. floors, roofs, ceilings, srairways, built-in partidons, fmishes, cladding and other similarly incotponlted architectural and strUcrural components, and fixed service equipment inclnding the weight of CnlItes. Duration of load: ~ period of continuous application of a given load, or the aggregate of periods of intermiaent appli- cations of the same load. EaYthqualu /Dad: The assumed lat....a1 load acting in any horizonlal dii'ecdon on the stnlctural frome due to the dy- namic actiOn of earthquakes. Impact load: The load resulting from moving machinery, elevators, craneways, vehicles and other similar forces and kinetic loads, Lolera/ soil load: The lateral pressure in pounds per square foot (psf) (pascals (pa)] due to the weight oithe adjacent soil, including due allowance for hydrostatic pressure and possible surcharge from tixed or moving loads, Liy, load: Those loads produced by the occupancy of the building or slrt1cture, not including constrUcdon loads or environmental loads such as wind loads, snow loads, rain loads, e~rrhqUQke loads, flood loads or dead loads, Live loads on a roef arc those produced during maintenance by workers, equiJ?"\e!'t and materials, and during the life of a strUcture by peopic.:\\iid moveable objects, I 1 Wl1Id load.. The lateral pressure on the building or strUcture in pounds per square foot (PSt) [pascals (pa)] due to wind blowing in an)' direction, Panel (part ot .. structure): The section of a floor or wall comprised between the supporting frame of two adjacentrows ofcolUltUlS ODej girders Or column bands offloor constrUction. Wall Loadbearing wall: A wall supporting any venical load in addition to its own weight, N onloadbeal"lng wall: A wall which does not support vertical loads other mlln its own weight, SECTION 1603,0 CONSTRUCTION DOCUMENTS 1603.1 General: Consrruclion docum,n" shall show the size, secdon and relative locations of all srructural members with floor levels, column centers and all offsets fully dimensioned. The design loads and ether information pertinent to the strUctural design required by Sections 1603,2 through 1603,7 sbalI be clearly indicared on the construction docum.1lLS for all pll!tS of the building or SIIUcture, 1603.2 Floor lin load: The uniformly distributed, concentrated and impact floor live load utilized in the design shall be indicllled for all floor areas (Section 1606,0). Live load reduction of the uniformly distributed floor live loads (Section 1606,7), if util- ized, shall be incOcated, 1603,3 Root lin load: The roof live load utilized in the design shall be indicate,1 for all roof areas (Section 1607,0), 1603,4 Roof SD,BW load: The ground snow load (P ~ shall be indicated (Secrlcln 1608,3).ln are., where the ground snow lead (P ~ exceeds 10 pounds per square foor (pst) (479 Pal, the fOllowing additi"nal information shall also be provided, regard- less of whether lillOW loads govern design of the roof: 1, Fiat-roof snow load (P J (Section 1608,4); 2, Snow O1lp,osure factor (C,) (!'able 1608.4)::md 3, Snow load importance factor (l) (Table 1609,S), 1603.S Wind lo,ad: The following information related to ",Wi ' loads shall be shown, regardless of whether wWi loads govern the lateral desig~ of the building: 1. Basic wind speed,(mph) (Section 1609,3); 2, Wind load importance factor (I) (Table 1609.S); 3, Wind eXE,osure - if more than one wind exposure is utilized. ~'e wind exposure and applicable wind direcdon shall be indicated (Section 1609.4); and 157 Dec-Ol-Ol 05:l0pm From-G,OBAL STRI 'C OUTSOURCING THE BOCA NATIONAL BUILDING CODE/1SS6 4. Wind design pressure (P) - If more ,han one exposure is utilized, P for each exposure shall be indicaled (SectIon 1609.7). 1603.6 Earthquake design dala: Where earrhquake loali.. are applicable, the following earthquake design data shall be indi- cated on the constructiDn document1~ I. The peak velocity-related acceleration (A) in accordance with Secllon 1610.1.3; 2, The peak acceleration (A,) in accordance with Section 1610.1.3; 3. The Seismic Hazard Exposure Group in accordance with Section 1610,1.5; 4. The Seismic Performance Category in accordance with Section 1610.1.7; 5, The soil-profile type in accordance with Table 1610.3.1; 6. The basic s!NCtural aystem and seismic-resisting system in accordance with Table 1610,3,3; 7, The re.ponse modification factor (R) and the deflection amplification factor (C) in accordance with Table 1610,3,3; and 8, The analysis procedure utilized in accordance with Section 1610.4 or 1610.5 as applicable. 1603.7 Spedalloads: Special/oads (Section 1612,0) which ere applicable to the design of the building or structure shall be indicated. SECTION 1604,0 DESIGN SAFE LOAD 1604.1 BaslereqlliremenlS: The basic requirements of strength, serviceability, self-straining forces and analysis for buildings and Other strUctures shall be in accordance with Section 1.3 of ASCE 7 listed in Chapter 35, 1604,2 General structural integrity: The requirements for gen- eral structural integrity shall he in accordance with Section 1.4 of ASCE 7 listed in Chapter 35, 1604,3 In-situ load tests: The code official is authorized to require ;m engineering analysis or a load test, or both, of any COn&lIUction whenever there is reason to question the safety of the conslIUction for the intended occupancy. Engineering analy- sis and load tests shall be conducted in accordance with Section 1707.0 or 1709,0, 1604.4 PrecODlltruction load tests: Materials and methods of cotUtrUction which are no! capable of being designed by ap- proved engineering analysis or wbich do nO! comply with the applicable material design Standard ,listed in Chapter 35, or alternative test procedure, in accordance with Section 1707.0, shall be load tested in accordance with Section 1710,0, 1604.5 DeDection limitations: The deflection of structural member, shall nOt exceed the more stringent limitations of Sections 1604.5.1 through 1604.5,3 or Sections 1604.5,4 through 1604,5,6, 1604,5.1 Reinforced concrete: The deflection of reinforced concrete structural members shall not exceed that permitted by ACI 318 listed in Chapter 35, ' 1604,5.2 Steel: The deflection of 'leel strUCtural mtmbers shall not exceed that permitted by AISC ASD, AlSC LRFD, 158 508-130-1648 HS5 P IS/28 HSl AISl CFSD-ASD, ASCE 3, ASeE 8-SSD-LRFD/A5D and the smnd"lrd specitlcations of 5Jl Standard Specificntlons, Load Tab(.. arnt IVeighr Tables far Sleel 101m and laiSf Gird~rs lined in Chapt.' 35 as applicable, 1604.5.3 Masonry: The deflection of masonry structural members shall nOl exceed ,he limitations permitted by ACI 530lASCE 5rrMS 402 listed in Chapter 35, 1604.5.4 lnoors: The deflection due to live load of .rructural members lupporring floors shall not exceed >'360 of the span. ] 604.5.5 Roofs: The deflection due to live, snow or wind load of Slructulral members supporting roofs shall not exceed the following: l. \1,60 of the span where a plaster ceiling is attached or suspended; 2. \1'80 of the span for high slope (more than three in 12) . raft,,., constrUction without a ceiling load; 3. '1,so of the span for SttUClural members supporting metal she,:ting and without a ceiling load, provided the, roof me"ts the minimum design slope in Section 1507.5; or 4. \124(' oflhe span for other structural members supporting roofs or suspended ceiling' other than plaster. 1604.5.6 Walls: The deflection ofSlructural members in walls shall not c~xceed: I. \l18C! of the span of stru=1 memben; in interior walls or partitions when subjected 10 the horizontal load spedfied in Section 1606,9; , 2, ~"of the span of structural membe.. in exterior walls whc~ subjccted to the design wind laud; or 3, \I'2C' of the span of structural m~mbers in exterior walls supporting metal siding or that are designed to accom- modale the deflection when subjected to the design win d load, SECTION 1605.0 DESIGN DEAD LOAD 1605.1 Weii:ht:l orm~terials nnd construction: In estimating d~ad laads for the purposes of structural design, the actual weights of materials and constrUctions shall be utilized. In the absence of 11efinite information, anY values assumed by the designers Willi be subject to the approval of the code official. 1605.2 Weii:ht of rL"ed sernce equipment: In estimating d~ud loads for thle purposes of design, the weight of fixed service equipment such as plumbing slocks and ris<!rs. electrical feeders, heating, ventilating, air conditioning andfire prt>lectio;uymms, shall be included, SECTION 1606,0 LIVE LOADS 1606.1 Design live load: The live loads to be assumed in the design of buildings and structures shall be the, greatest load produced by the intended occupancy; bUl not less thail )he mi1!i- mum unifonnly distributed unit loads required in SeCtion 1606.2 for specific (lceupancies. 1606.1.1 :Loads nOl specified: The code official ~ajJ approve [he required liv~ load for any occupancy not~pecifically provided for in Table 1606. ',"I Dec-02-02 05:20pm From-GLOBAL STR 'IC OUTSOURCING 60S-;;o-ii45 i-iS5 ? iO/li i-r~l . Ex.h:~:t JJ ....... Welliscb Arcbltects AlA ~rNC. 1010 Springllcld ATe. Suite 103 Tel: (908) 654-7'00 Mountainside, NJ 07091 Fa: (908) 654-7111 TO: COMPANY: ATTN: ~5A-N"O 5 FAX NUMBER: (,,0 q -7':?Je> -~r7q BUSINESS PHONE: FROM: ~u"flJ- w~ISc.H FAX NUMBER: (908)--654-7112 Business phone: (908}-654-7900 DATE &TIME: ~ o~ PAGES: 3 ' U5 qJf'l ~o~ = cgrJ~ ~f{f~f(JR'l 1=OP- -rlk= c /1/ C - IV ~';2 Ar ~D"F 1..tJdTiiOrJ. RE: A ;)'fcn DrJ NE ~I"E., f'E.Nt4lAJc.-C C1'I Ti'Jf. '!J f.... b.rtt6 ....nilce plell5<l .<<fe. t4 ,'t" C..mm. "U,OIb... w\1en ClILUn'i, . Dec-OZ-OZ 05: ZOpm f rom-G,OBAL STRA' 'C OUiSOURWG ou~-:3G"ia4C ,-,:;,::;j ;;.. il 'c ,.-r:: WUQlAIIHIEtI'UC 1lllD6I..lGIIUl.... IIIlUNfIIIII.IIG1111 Wellisch Arebited5 Method of Repair Guest Room 1122 SqLlWY f100n Uft carpel. Y~pair floor by liJling ply."rJod, IllAe and sc''''l4' and Ihen re-irural1 ,.tupel In .;JUn!nl coMJrW"- #24 Bowed back wall- uneven (Guest Room and HallwllY) Wall needs !o be o)pen.ed, JMtl7rJel: re_d el/lll replalle 2x4 's I" properly "lip wail, If larger prob~m is WICo\lt!red, build!:Y"'JUt cOf/..,cllh. d.JidlmC:Y to oblllin fIlig_nl within c:ode Q1Id JKl1S inspection. O/'K'e iJLfPeceion has been pa..,ry:J. wan MIL" be built and fl/liJ#ied 10 incbuJe spoeHing. painting CJ1Jci rrim "'pltKtld "nd pui1lled. Muter Bedroom #32 Loose flQ(lrboards Ujt crz;pe~ T'fIpoir floor b)'I!fliJIg ptyw(lod. gl~ and 1C1.~1tI and lIten 1e-in.\'TalJ carper to ClIrUfIJ condiJion. MasUr Ba&hroom #35 CrICked and wavy c8i ling Poor framing, Correc:tivt ucn/ln (rebuild 1fXlf and red,) flamingj i.r lUll feJlsible wilbollr perfo",.inr major reC01LdT1l(;oon, Suggest prmiJ!!s come 10 a fair 1D14 agre_hl. lIIJIOunl whereby ho~o_r is co'rtp"n.r"teti.'fauiy alUl JUSI~~. NOlcel nu collar lies 10 "(lII71eCI rfJ/ter,f in allie from side ro sid,e. Too "'lIClt weighl "It 1M reof rht:rrby plArrillg 100 much p.enu.c "" rile c;,iling Clreartll' bows CoUar ties Iffust be pl~ed /11 ani<' to C01ln.ct ~fi.rx Thereby ."li.1!ing sOllie of rn" preSJwe. GIr\8 Room #59 Wavy ceiling , Poor Jl'GIftint:, CorrecTille cu:rion (,ehllild "wf and redl> f,aming) is Flolfeaslblt w/lJlout peifol'ming major reconn",cl/ort. Suggf.'Jl pa,ti",. ,"m"'" tQ all Qgret:4ble Q1f1O"'" whereby hDme_r is compcJU(lIcdJal.I), arllJftutly. Nrltcd lID cullar lies to (:O""'CI rQ/ters in mIL,' from sitU 10 sit:U. 700 "..",/, wcirlu on lite Not rJurcby pWltiltg te", mMch P'l!S,JIA'. "" ,be ceilllll c/'tarillg bo..." C"llur lie" IlULJt be plQJ:cd in anic 10 ('"nIUCI 1IJ.fttlTS wr~by reUeviFlI SIlI"C of the presslI"" vpsum HaD".y #60 Uneven noor by muter bedroom door Lift teuptlt. repuir ~JO' by liftinSl'lywood. ClAt plYWI)I1d' 10 appropriate lenIJTh, apply smoothing bond ifNlccl3ary 10 er&$lll'tflolJr i.lellded, glut: wid screw and then re-Insrall carper 10 c;lIrrelll cOluJillofl. ' Diniaa Room #79 Wavy Ceiling (al hallway 10 kitchen) . Dee-D2-D2 05:21pm From-GLOBAL STR! IC OUTSOURCING iOH3o-iW H95 P WI! i-i:3 -..-..... w: m.. - poor framing. Too cOSIly t~ solution: Heutlu j/wrJd be 10 Inc!lIde !PGcklill' lVId . lAP ceilillg /JIId redo framing. AlternatIve ,ill 10 Aide IN dlflcie1U.") ..:ndfini.hcd wun muuun8 I, I1Ig, BuemtDt Lally plmc milsing from III POTI, lXlIUlllll. TAlly pUJ/e 1ft"" 10 b,:U;Jc - ewn ''UIIMt be cuI; mllst ,,~r coiunln, Sii"atUre: N:l.me: ~ Title: C. NJ pc. /411/(; III U Che;rcnne Drive, Pe,anin:ton, New Jersey, I pinion tbal: the; abo~ met:!Ioc1a of repair will satisfy Aa the original archilcct of the h he,l'eby acknowledge an4 it is of my rhc dc:fiQencies outlined aOOn, . Dec-QZ-OZ 05:11pm From-'''OBAL SiR' -Ie OUTSOURCi~G OW:-f';U-: d4d ,-L;::: . -.:u..: E~ h: lo:{- E ~ p.a_ ._"TIIO PMT Contracting company, Inc, ~....a 1 r-o....~JXMII 4lI1_v...."..., ,._141 rr:;n __1.s7l11 Fe:lII>>34\-wrr Toe JUUASI'NfOS Fcc 609-730 am 7 ~4fl ..... 80&-730-347'8 F_ JOE ABOAIJ.A ...... 1INCLU011~G COVER _ 11/18102 .. EXIstiNG COUNTER TOP c;Q o u..... C .,........._ 0...... c..... Jl r~ o..........-v c po ~_:. II .c PLEASE: FIND THE FO~OWlNG QUOTE FOR REPLACEME!NT OF COUNTER TOpS AS PER MEASUREMENTS USING 11/4" "USA TUBA" GRANITE. REPAIR OF CHIP WILL MAKE seAM TOO WIDE BY APPROXlMl\TELY Yo' WI"tlCI-IIS UNACCEPTABLE AND NOT WITHIN INDUSTRY STANDARDS, THEREFORE, rr IS ADVISED THAT THE ENTIRE couNTERTOP BE REPLACED IN OROER FOR THE GRANITE TO MATCH. IT IS IMpQSSlBLE TO MATCH THE EXISTING GRANITE AS "JIIA TURAL STONE" IS fROM THE EARTH AND MUST COME FROM THE SAME LOT IN ClRDER FOR IT TO "MATCH" OR "COMPUMENr AS THERE ARE COLOR AND GRAIN VARIATIONS, TOT,IU..: $3,470.00 IF YOU HAve ANY QUES110NS REGARDING THIS MATTEI,{ P1..EASE. CALL ME.. THANK YOU, JOE ~ (609) 84'~380 OFI'ICEf (609) 341-9700 Received Noy-1S-0! 01;24.. From- Tc-CLCIBAL sT~ATEC I C OUT P..e 01 . , ' Deo-02-02 05:21pm rrom-G,CSAl SiRI . _ 11/14/02 14:47 FAX 215 9 ..... -'- 'iC QUiSOURC,',G ~415 ciUa"f.3G-iij4~ i-'~;; r' ,,,,,d ~-,~. '!;lV' E~h:b,'+ r NATION-WIDE RELIABLE SERVICE SINCE 1955 FAX TRANSMISSION DATE: AlTN: FP\X #: 3uh~ skfus - ! TO: RE: Cs-h\Y\c,rk ~Q (;.)\~~0 ,JoOI{" ~Q(~- Including this cover page, there are a total of pages. If not legible, please contact the sender lat 800-245-0565. , J Processed by: . Oec-oZ-oZ 05:21pm 11/19/02 13;22 From-G~CSAL SiR! FAX 215 91 "Ie OUTSOURCING 1415 IiU~-(~U-f'~4e 1-'== t ..:., ~: ,'-1 ;.; E:><-h:lo;'t G 'awalW\,J. u. JgJ Ut'O\olClO NADON.WlDE B1JJLDING &: REMODELING PROTECTING HEALTH" HoME S'N'~E 1955 " 1.800-233-0565' p .. ~ Bltt ~q)1 IDAllE N:I "I II /tV@>,7 JOIII..OC4.T10t.l JCB'Pl'IONI! AI-l(;l'llll.Cl Wo ."lcroby cl.lbm;L il:PQ~"'r..~LiorIlI ;ar'ld oc:lim~LCIiII IQr: ~P.';o.Cr: ~~~~::,~~~l:~::t~. ~~ I V1 ~lact)(L L '-..:l .. ctN' ~ rio ~-~ ~ n ( ~, ~~~:f.~j"~';\d.-~'1f1\"S+~ EN ,;Uh' I~Ou.l" Ml ~u~~ie-n ~ ___,0 --.---.. -....- We propose hereby 10 furnish material and labor - complete in accc'rdanae with above specifications, far the sum of: doll.'" ($ ), flsymem 10 OR mSGII:aS fQllClwSt: All fMlI:fl&l i$. gwarltllllllUU \0 Qn ~ ~1'lC:lfi" All wortc 10 be oompllfld In a .",otk/rl&ll/lk8 ""ilMelf ~1Ol"'9 tel 'WlOiVCI p,aoaOOD. M., alleflWj)l\ 01 ~.."'laU"" ',om =crvll $pOOIIQCCM ...uhari:::8d ;n~olv'"9 elll'8 eu;;lS wm nlf ClltCleLIltd onl., lJpon written arae.rs, ana WIll Declfl'l"lfl an eaifa Signalure crwg. QVer enlf ac~1!: 1M elllmulc. All t1,reamllln'll cornin;ent ~plJn sft'1WI., aOOCletll$ Of OGl"}" ceyQflQ our COl"llfl)l. owner Ig CO\ITV fil"lC. \elmlCla anQ olnar neei&&liry rtllSl.l~ce. Ol.lf Note::. This Pl'OpOMJ tntty IiIc \lll)riceff iff luny ~ ~y WOl'll.I1'l3"" C~"'p~,,~.wO" 11"I'l.lranCA. wimdrllNln Dy 1,;:5 if not :u:cectad wftnln days. Acceptance of PropOSal-TnC,._pm=,sPscil'oa,onl and condibon~." .\1l1sfactory:utd ",G hQrGb)' :iccaptCtd. 'full QlN .utnom:ad to d= the :Slgnllure work I)S :aoetlfled. Pl.Ivrnerrl wtll b. Msde -'S ol1!:lined OlbQW. Oafe of ACCep14n~ . _ SIgnature - .- R.,olvod Kov-1i-0~ 01,990m €S To A_ lIU'V\.$I,ji;asao or nabs-com ~ro.-216 il& U1S To-GLOBAL STIUTEGIC oUT Paae 02 ..- f ! . " :. ~ ~ . I. i . ~ iii i# '1 'I ; ~ I I ~ ~ it ,~ ,. .. ~ I ~., ?:: J ~ ':-J -~ .., ii ~ I ! . ciUi-:'~Q-r'a4~ I'-(.~: ," 'old r-f;,; 0,,-02-02 05:21pm from-a.DBAL SiRA' ,11/14/02 14:47 FA! Z~S 9 . C OUiSau~C I ,~G 0415 ,..mvc-I""". "" ~U~ . ...~~ """ :'," '1'; \ " ',.ll . \ I : , ' . : I ':' . '~, I" ", ':' "f".: ,. , . .i '1'" I , ;, ~. ii" , I . -I. "'j I" i"I,," &1 A, 'DONWIDE ," ", ",'" 1~ - ,',,'."')'::',;", 'BVIJ.PING at REMODElING "~"'H"."'tIU"" . :;:;~;;,;~~C~/H~ HEALTH & HOME,S/NCE 1955 ~:''''I''''''IiIIl:, ....., 1.80o-233-0~6S .', . ~t,n..'lru.nl~", "1';; ,I , I. 1/:".. ..,~, ~ , . . ... ,,~, ,,, . . I OATS u1nJ~( "\ dl~\. ,q , , STAEt:' ," , , I ,~ .' " , .x.LQCATION . Ci,'y, STJiTE-OInll ..Ioe PHON; AFlCl11To:T " " ATE OFr'\.,A.NS """,'01"'.:: '" . Ut. .llt~~l'Il"'t.I'''" ftw... ~ Sl~cOD6( ")...~ )sro~) '- ./ Y 90. ;# J '19fJ . .f qffl. .Sl '~: J( ~~C:;-O. ~~F'JO. or;:fHll'.'- \~ -~ "'T,(w---." Wal~- 0'nJY)1 \J v\ rt- ~\~~ ~:~ ~~~K We Propose ~ereby to furnish material and labor - complete in accordance with above specifications. for t~e sum 0 tS: (J P/) l~ doUars ($ Payment \0 be mad. illi IcIlO~: day All mSf8flal i& gLllol'llUeea to Cle Ai ipecilied. .AJ1 .0.... \Q De colTlple~c ,r\ & wonunanllks matll'VJl' a=I'Q\rIg [Q W1nQ1IG p~. Nit iIV'iDOl'l " c>>wtuon !rom IDCwe ~CliIlQOM Ittwotwln.g .au. caI4 .111 tie IM8C\,IIcICl GMt, ....., Wl1I'-n IIrQa1no, aMI ..wI b__l'PIC "" ~ cI'llll'96 o'oll!r and aDQW lI'le 6ll1Wn&t8. Ill' lIQreem8"ta conungont ..peln 11I1111et8, eCQdenlB or Gel~ tlllYgtld 01.11' ccntrcl. Otmdr ID QJTy fitv, LOmi@ ana Iitl.r nocas.&al')' fll;UrarlCe. Ck.lr _w:cr:: ~rc: lull)' ~ad bj' Wo.-km:In':I: Compcl"lSOOricn Im1I~. Authoria.,Q SignaaJre _ Acceptance of PropOSal-T...oI>""".('..."..QJ;~iO"" aM condluons are. lan~iI'tory anct IlU neftiby' ac:cepllld. 'lCu ilIrc au'll\DnZeCllCl co me Signarure 'frtOIK a$ specified, Paymenl wiU Del Rlllut"~ uu\llnud IIbc;r.e. Dille 01 Acceptance: Signalurg /BiiilJ To floIllde" ~orneD6.mm . 505"730-7843 i-i55 r 27/,S r-I'S~ TO: ,7321 7848 P.il211'il212 Doc-D,-D, DS:,!pm From-GLOBAL SiRI IC CUTSOURC,IG NOV-21-221il2 11:22 FROM: /' .' r t:' ",0.:,.,...,.7 'So sa_~ L I N E CO.PORATE HEADQUARTERS ONE SILVER LINE DRIVE N 0 B. 'I" H B B. U N 5 "I'll I C It,. N J 0 8 9 0 2 TEL: (73:2.) 43S-101~O X 4417 P A X : ( , ,3 2) 5 1 4 - 0 7 !; 5 6 M " t t. J R.~b}~T2'tif~iln.,.l:""wi:u3"'W' ,.nm FACSIMILE TRANSMITTAL SHEET TO: <Tv.!t.~ .f~ s COMPANY, FROM: ED SCHI.JI.TZ Di<c.,lor of s........ DATE: PAX NUMIlEll: 60?-75o-78"'f?' PHONE NUMBEll.: &001-730 -3lf7" TOTAL NO. OF PAGES INCLUDING COVER: ;'l BE: bJ-4 ~"'11 W':I"T ~W -k~.c..s. C URGENT ~R REVIEW CJ PL:eASE COMMENT C PL.EA5E :REPLY ;/U-/' A.J '10 t-(f /J7 ./..c..r 1''<-- ./~uh'n_ ~ 0 U r ~ I/,l. y 6<t{,4A. &LF e....a.. ~ yo (;f r ~ X -/0 n'7'<"'- ~ II/!<;/~;J.. /$ ~rr-c.~ z:: A.c....'-<...- Sf''jV'l'''~ -I-4~ # X ~ -Hr VI'JK." r",l. c.ey<<'.r. CONFID NOTE: ' 'DC doaaIl." lICCICIln~ ~ UICOW ~ c:aoa.io ____ hal Silva- Li_ 1\tn'1dioC' pl'or:haft. Cotp).r:llw.. .bic:h .. coo&.Icnrial trlAI_ pciriIc;rcd. 'XM Woftu,'lio,A" Yw:DcLcd DUIf' roc du: 1M d u. .dMd..... Of cwuicr cauacd <aft diM 1nPIllI'Iriu'iatl Ibrc-c. It'" u: DOt dac ~ tcc:ip.ianr..)'VU "II: __b, DUCificd Itw lIIIV d~ f>>~ ...:.w,...n __ cftG ~ 01 Nr7 "~.ia adYwi_ _ .- ___..t...... clCQI.,. .....0...-......'rI'Wy plDbif;liaI,:aad. dIat: Ihc ..&oc::urDC'a..tbcNld be rcmmcd IOSawru-N~. .111_~ jI)'IN...... ~'Cb.iI ~..~pk:ue: _..,. ,.. ..,.~.immftlZ.lIIIIy_"'.""eClllA~ rlllr_~.'_.~Vo;wn~...._atDO~ID"''''' R,o.,v,. Ng,-ZI-OZ 11:11.. Prom- Tg-GLCISAL STRHEGIC OUT P.., 01 . Oec-02-02 OS: 21 pm F rom-G,OBA, SiR' 'I C OUTSOURC I NG . NOV-21-221t!12 11:22 !'"ROM: Nov-18-GZ OZ:45pm From-aLOIAL STRATEGIC OUTSOURCINa 609-i,0-i946 'ran [-,S5 ~ ,S/ZS f-(S3 73t!1 7848 P,t!lt!l2't!lt!l2 801'130-7141 T-ZTT P,OI/GI F-TSC J'ACSIMIJ.B T1lAN5MITTAL SHE~~r Mr, :Ed Schula COlDMlf't: Silvedine MAn..&.cNI'iDs W>ndDw Co, P,o\lll<ul4llEll: ~2-S1+075S PlIO"': ..U....... 866-337.6866 x4417 "&Cl~ J\IIia V. San'll:lO' gAT.ti:: 11/19/2002 TnT'" NO. or 'I'CllS INCl.\JPlI10 covlil.l 1 SUNDElL"$, B.Enl.!!.'NCf! NlJ..MBSal TO, YO\111. :am!'lir.1l&1rICI. N'UWBEJL: AU. 'lkokca F">:llID= o ultGI!NT C POIt 1!.llVl~'" o l'UOAS1l COMMENT X PUlASJl Jl,lll'l.Y C 1'1.E.\SB lu,aCLF. HiEd, 'J:UD1<you Ie m.,ch fm:talW>s1:he Ii=lO IpalnD_lOllay. A5YOIlJc,OOW, the: &mIc:s OIl soma of my wiDdO\Uo ..... btoken (pil:c.eS~' Boted CI1111Uf lchophone ~o"VCS'Icicm yeN :soocd tha. me: "POll)' k:i< wouIt! ._ "'I'm me: ~ e5[1ec:iol1v aiDee lhe gjec:=l 1:= GliaUng UllIcO! braks ale not ilUaight. Even iJ _ptcd. cbe ~...oal4 ZlOt baw: Wl .....e lAtclrit)'. 'Pi Cl't"ft.,., "":1 d=loili<y ef 0 """'" fo=e. th=fore you reccm>tIlc:>2ded mat the ....l!ll'II' be :epw:cd. Ed. ~\e!llllll.et IIIC kaow if my iarsptc:ClUou .. ,.,.,..,.,"" A fuo ,,_,__, ad~dD:s would b.. DIO'If appRclomal. pwrse call me u60g.1S0.3476 be:fore .eading th" r.... My.... _bar.. 609-730-7&48, Tl=>k y"" fe. JOUI help. >>: /;., ~~~'J" J~~~~ J..<4<-..G<!'U // :z. '" ft a... - Recllved Nov-Z1-0Z 11:11" FrQIIl- To-GLCiBAL STRATEGIC OUT P,.. 02 J~,,\)2 ~ ~ ~ bO~' Construction Arbitration Services, Inc. December 30, 2002 Mr, & Mrs, Fernando Santos 1 5 Cheyenne Drive Pennington, NJ 08534 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: CAS File # 02-3081 aBW Enrollment # 0255674 Dear Parties: By direction of the arbitrator and in accordance with the Rules for the Arbitration of Home Warranty Disputes, we are en,~losing the Award in the above captioned matter. Please contact this office if you have any further requEists in accordance with the provisions of the above referenced Rules. YO;;P'Y/ ;t~ Case Administrator Enclosures as noted: cc: Chad C. Harvey, aBW Stephen Rapp Exhibit B 27 2777 Stemmons Freeway' Suite 1452' Dallas. Texas 75207 ' (214) 638-2700 'Fax (214) 638-4054 CONSTRUCTION ARBITRATION SERVICES -----------------------------------x In the matter of the Arbitration between Mr. &: Mrs. Fernando Santos, Homeowner(s) CAS FILE #02-3081 QBW FILE #255674 -and- AWARD Presidentia~ Hi~~, LLC, Bui~der -----------------------------------x I, Stephen Rapp, was appointed as Arbitrator to hear and determine disputes which had arisen between the homeowner(s), Mr, & Mrs. Fernando Santos, and the builder, Presidential Hill, LLC, involving a home located at 15 Cheyenne Drive. The disputes existing between the parties were set forth on a letter dated October 2, 2002 from the homeowner requesting Method of Repair Arbitration on the following defects: 2. Garage circle top window frames broken - to be replaced. 3. Foyer circle top window frames broken - to be replaced. 20. Study outside wall - cracking stucco and cement plaster. 22. . Squeaky floors. 23. Nail coming thru base trim. 24. Bowed back wall - uneven. 28. Improper spackling. 32. Loose floorboards. 35. Cracked and wavy ceiling. 43. Boys room: broken windowsill. (OUTSIDE) 49. Sloppy trim work (poor workmanship) . (GAP BETWEEN FLOOR AND DOOR JAMB) 59. Wavy ceiling. 60. Upstairs hallway: Uneven floor by master bedroom door. 61. Squeaky and loose floorboards. 79. Dining room: wavy ceiling. (AT HALLWAY TO KITCHEN) 100.Unfinished window trim on outside. (MISSING J CHANNEL; IMPROPER INSTALLATION OF FLASHING) 103.Deck slider door broken; does not run smoothly, does not close (security lock) and loose handle (unable to tighten). 10S.Dishwasher makes "Hammeringn sound when taking in water (noticed same sound present when using outside garden hose) . l12.Basement sliding door handle loose (unable to tighten). l16.Cracked granite near kitchen sink (resulting from plumber trying to balance dishwasher - advised Katy 06-28-02) . l20.Gaps between windows and trim in kitchen and girls room. ***************************************************************** After reviewing such claims and hearing the proofs and arguments of the parties and 'after due deliberations, I find and Award as follows: METHOD OF REPAIR As to Defect #2. Garage circle top window frames broken - to be replaced. . (THE HOMEOWNER'S METHOD OF REPAIR DATED NOVEMBER 22, 2002 IS SUFFICIENT TO BRING THE DEFEC'l' INTO COMPLIANCE WITH THE WARRANTY) As to Defect #3. replaced. (THE HOMEOWNER'S METHOD SUFFICIENT TO BRING THE Foyer circle top window frames broken - to be OF REPAIR DATED NOVEMBER 22, 2002 IS DEFEC'l' INTO COMPLIANCE WITH THE WARRANTY) As to Defect #20. Study outside wall - cracking stucco and cement plaster. (THE BUILDER'S METHOD OF REPAIR DATED NOVEMBER 13, 2002 IS SUFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #22. Squeaky floors. (THE BUJ:LDER'S METHOD OF REPAIR DATED NOVEMBER 13, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFEC'l' J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #23. Nail coming thru base trim. (THE BUJ:LDER'S METHOD OF REPAIR DATED NOVEMBER 13, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFEC'l' J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #24. Bowed back wall - uneven. (THE HOMEOWNER'S METHOD OF REPAJ:R DA'rED NOVEMBER 22, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFEC'l' J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #28. Improper spackling. (NEJ:THER PARTY SUBMITTED METHOD OF R:i:PAJ:R) As to Defect #32. Loose floorboards. (THE BUJ:LDER'S METHOD OF REPAJ:R DATElJ NOVEMBER 13, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFECT J:NTO l~OMPLJ:ANCE WITH THE WARRANTY) As to Defect #35. Cracked and wavy c.:iling. (THE HOMEOWNER'S METHOD OF REPAJ:R DA~rED NOVEMBER 22, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFECT J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #43. Boys room: broken l/lindowsill. (OUTSIDE) (THE HOMEOWNER'S METHOD OF REPAIR DA~rED NOVEMBER 22, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFECT J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #49. Sloppy trim work (poor workmanship) . (GAP BETWEEN FLOOR AND DOOR JAMB) (THE HOMEOWNER'S METHOD OF REPAJ:R DA~rED NOVEMBER 22, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFEC'l' J:NTO COMPLJ:ANCE WITH THE WARRANTY) As to Defect #59. Wavy ceiling. (THE HOMEOWNER'S METHOD OF REPAJ:R DA~~ED NOVEMBER 22, 2002 J:S SUFFJ:CJ:ENT TO BRJ:NG THE DEFECT J:NTO COMPLJ:ANCE WJ:TH THE WARRANTY) As to Defect #60. Upstairs hallway: lJneven floor by master bedroom door. (THE BUJ:LDER'S METHOD OF REPAIR DATEIl NOVEMBER 13, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WJ:TH THE WARRANTY) As to Defect #61. Squeaky and loose floorboards. (THE BUJ:LDER'S METHOD OF REPAIR DATEI) NOVEMBER 13, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #79. Dining room: wavy ceiling. (AT HALLWAY TO KITCHEN) (THE HOMEOWNER'S METHOD OF REPAIR DA~~ED NOVEMBER 22, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WJ:TH THE WARRANTY) As to Defect #lOO.Unfinished window trim on outside. (MISSING J CHANNEL; IMPROPER INSTALU.TION OF FLASHING) (THE HOMEOWNER'S METHOD OF REPAIR DA~~ED NOVEMBER 22, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #103.Deck slider door broken; does not run smoothly, does not close (security lock) and loose handle (unable to tighten) . (THE HOMEOWNER'S METHOD OF REPAIR DA~~ED NOVEMBER 22, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #lOS.Dishwasher makes "Hammering" sound when taking in water (noticed same sound present when using outside garden hose) . (NEITHER PARTY SUBMJ:TTED A METHOD OF REPAIR. BOTH PARTIES STATE THAT ISSUE HAS BEEN REPAIRED) As to Defect #112.Basement sliding door handle loose (unable to tighten) . (THE BUJ:LDER'S METHOD OF REPAIR DATED NOVEMBER 13, 2002 IS SlJFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #116.Cracked granite ne,ar kitchen sink (resulting from plumber trying to balance dishw,asher - advised Katy 06-28- 02) . (THE BUILDER'S METHOD OF REPAIR DATE:D NOVEMBER 13, 2002 IS SUFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) As to Defect #120.Gaps between windows and trim in kitchen and girls room. (THE BUILDER'S METHOD OF REPAIR DATE:D NOVEMBER 13, 2002 IS SUFFICIENT TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY) This constitutes my complete AWARD as to all items ill dispute submitted to me for detennination. As to any item for which I have fOlUld Builder responsibility, the Builder has sixty (60) days, upon Quality Builders Warranty Corporation's ts) acknowledgment of the receipt of the Award, in which to comply with this Award. (R ~<?aw 12/23/02 Stephen J. Rapp - Arbitrator Dated Ol-_-\.L1T):- Bl-ILDERS \\-~-\.RR~.0T)- ~ CORPORATION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 January 2, 2003 Mr, Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-01 Mr, & Mrs. Fernando Santos, 15 Cheyenne Drive, Pennington, NJ 08534 Dear Mr, Wilson: Please find enclosed with this letter a copy of the Award from the Method of Repair Arbitration regarding the defects at the above referenced property. I assume you have already received a copy of the Award from CAS but in the event you have not I have enclosed one for your review. Please contact the homeowner and the appropriate subcontractors upon your receipt of this letter to schedule the repair pursuant to the Arbitrator's decision. Additionally, I am forwarding to you via U.S. mail the Method of Repair that the homeowner's submitted to CAS, Please refe'r to the enclosed information when coordinating all repair work involving the homeowner's method of repair, Finally, given the lengthy nature of the Award I would like to receive weekly updates from your office every Friday advising me of the status of repair work. These updates should be in the form of a letter faxed directly to our office listing all warranty work that is either completed or scheduled. It should reference ea,:h defect by number, as the Arbitration Award does, and be as specific as reasonably practicable, Thank you in advance for your assistance in this matter and I look forward to hearing from you. Very truly yours, , Chad C. Harvey Complaint Administration CCH:dll Enclosures EXhibit B 28 9-03 03:58 PM PRESIDENTIAL 61,,-:;'7376402 r..W...:. Presidelltial Hil LC 2 Madison Ave, Pennington, N.J. 08534 609-737-2323 Fax 609-737-6402 January 17. 2003 I'ernando and Julia Santos 15 Chcyenne Dri ve PelUlington, NJ 08534 RE: CAS Filel/ 02-3081 QI3W Enrollment# 0255674 Dear Mr, & Mrs, Santos: Pursuant to the Construction Arbitration Services, Inc. decision on Dccember 30, 2002. below is the list of itcms that we will be repairing. llemll20 Ilem 1122 Item 1123 Ilem 1132 Item 1160 Ilem 1161 Item 1179 Itcmlll16 Ilem # 120 Study outside wall - cracking stucco and cement plaster, Guest room - squeaky noor Guest room - nail coming thru base trim Master I3edroom - loose Ooor boards Upstain! hallway - Uneven Ooor by masl'~r bedroom door Upstairs hallway - squcaky and loose Ooorboards Dining room wavy ceiling at hallway to kitchen, Cracked granite near kitchen sink Gaps between windows and trim in kitchcn and girls room Thc time required \0 complcte the above items is as follows: January 28, 2002 January 30, 2002 January 31. 2002 T'cbruary 2, 2002 February 3. 2002 3 :00 PM 104:00 PM Nced access to home to make a matcriallisting and review areas 0 r loose noor boards, squeaky Ooors and uneven noors. 8:00 AM to 4:00 PM 8:00 AM to 4:00 PM 8:00 AM to 4:00 PM 8:00 AM Lo 4:00 PM The above schedule docs not preclude us from requiring supplementary days in order to completc the repairs itemi7cd in this lettcr. All furniLure, picLures on walls and personal effecLs must be removed by you from the dining room bcfore Bny work can be done in reference to wavy walls or ceilings, All fumiture must bc fCmoved by you in any rooms requiring Ooor and caq:et repain!. You must also clearly Page I of 2 Exhibit B 29 9-03 03:59 PM PRESIDENTIAL " Presidential Hill' ',.C t;.l::.l';;>. ~ . c-.....w_ 2 Madison Ave, Pennington, N.J. 08534 609-737-2323 Fax 609-737-6402 identify and mark which areas of the noor have loose Ooor boards. squeaky fioors and uneven Ooors. If you have any questions, please give my assistant Kathy Callahan a call at 609-737-2323, Yery truly yours, ( /;lul ~~ Merrick Wilson President I, Femando Santos ancIlor Julia Santos fully and uncondi:tionally release Presidential Hill L.J..C. or all legal obilgatiolls with respect to the items Iisled above. Femado Santo Dale Julia Santos Date cc: Chad C, Harvey QwJiity Builders Warranty Corporation Sent Via Fax: 717-737-4288 Page 2 or 2 -,;.' j>- JRN-24-2003 13:53 CCTS 5092740253 P,01/01 January 24, 2003 SENT VIA FAX (717-737-4288) , 1JSj ....~'\\ t l; ,\ bY wr.r J. be).. Fernando & Julia Santos 15 Cheyenne Drive Pennington. NJ 08534 Mr Chad Harvey Quality Builders Warranty 325 North 2nd Street Wormleysburg, PA 17043 Re: QBW Enrollment # 255674 CAS File# 02-3081 Builder: Presidential Hill, LLC Dear Mr. Harvey: As follow-up to our telephone conversations on Wednesday, JanUll.ry 22, 2003 and Friday, January 24, 2003, with respect to Mr. Rick Wilson's letter dated January 17, 2003 (received January 22,2003), the following points were made and discussed: . The dates and times are acceptable, however, details as to specific times and tasks arc to be obtained from Presidential Hill prior to commencement of work. . If it is Presidential Hill's intention to repair/replace all the items in the Arbitration Award, signed and dated December 23, 2002. that have not been mentie,ncd in the January 17, 2003 lctter, a schedule must be obtained outlining the specific dates/times and tasks to be completed, If it makes sense to repair/replace multiple items on the days outlined in the January 17, 2003 letter, please schedule as appropriate, in writing, to obtain efficiency. . We are not in agreement with the statement "The above schedule does not preclude us (presidential Hill) from requiring supplementary days in order to complete the repairs itemized in this letter." We have agreed on the specified dates and in no event will we grant Presidential Hill additional time for missed appointments by Presidell!ial Hill or its contractors, . All items contained in the Arbitration Award, must be rectified in accordance with the Method of Repair as outlined in the Arbitration Award. All items found to be Presidential Hill's responsibility, must be satisfactorily repaired/replaced on or before February 28, 2003. . Under no circumstances do we release Presidential Hill L.L.C. of all legal obligations Presidential Hill is bound and must adhere to all required laws and regulations. In addition to the above, Presidential Hill is responsible for the removal of all construction debris and clean up. The carpeting must be installed and returned to its original fonn. Furthermore, Presidential Hill will also be responsible for any deficiencies that may arise as a rl:sult of improper or below standard workmanship, Please contact me at 609-730-3476 (work) or 609-818-0697 (hon'e), We thank you for your assistance. Zar~.~ ,\ ~\' Svll't1.s;;,,, J..,s" J . V. Santos Cc: Rick Wilson, Prr:sjd~ntia.J tIill LL. C. Fax: 609-737-6402 Exhibit B 30 "'-=-';;:..:l-,.;,I...,.-0;;..I";' <..J_.":"~ - '.....- -~- PreSIdential HIH LLC. 2 Madison Ave. Pennington, N.J, 08534 Phone (609) 737-2323 Fax (609) 737-6402 February 04, 2003 Ken Butko N.J. Dept. of Community Affairs P.O. Box 80S Trenton, N.J. 08625 Re: Santos, IS Cheyenne Dr., Pennington, N.J. Dear Mr, Butko: In follow-up to our discussion today, on Friday, January 31, 2003, my assistant, Kathy Callahan, spoke with Mrs, Santos, and told her that contractors would be at her house on Tuesday, February 4, 2003 to undertake repairs noted on the arbitration list. Ms, Santos did not tell Kathy that this date was unacceptable or that no one would be home, Today, JCMO Painting, traveling from almost an hours' distance, showed up at the Santos' house at 10:20 A.M" to paint repaired areas, No one was home, Today, at 11:10 A.M., Irvington Carpel, traveling from almost one and a half hours' distance with tw,o repainnen, showed up at the Santos' to do carpeting repairs. No one was home. Today, at II ::30 A.M., PM Constnlction Co" traveling from almost one and half hours' distance with three: carpenters, showed up at the Santos' to do repairs on the arbitration list. No one was home. Today, Stone Surfaces Co., traveling from almost one and a quarter hours' distance, was scheduled to repair the granite countertop. As of noon, no one is home. On Thursday, JanlWY 30, 2003, I brought a carpenter over to the Santos' to fix the squeaks on the floor in the Master bedroom, guest bedroom, and 2nd floor hallway; subfloor loose boards; eliminate a hwnp in one location in the 2nd floor hallway; install a header in the 1st floor hallway to eleviate a wavy ceiling; and close a doorway gap of 1/2 to the floor in the 2nd floor tub, all on the arbitration list of repairs. The carpenter spent nearly six hours at the Santos' house, due to the Santos' refusal to pinpoint the specific areas of the floors that squeaked, and their insistence that the entire floor be refastened, instead of just the specific squeaky areas noted during the arbitrator's inspection. On Friday, January 31, 2003, J&R Drywall went to the Santos' house to sheetrock and spackle the header on the I st floor hallway, and spackle any cral~ks in the ceiling. Mrs. Santos was in the house while J&R Drywall worked. On Monday, February 3, 2003, J& R Drywall went to the Santos' house to spackle the header. Mrs. Santos elderly parents and another women were i.111 the house while J&R Drywall worked. Exhibit B 31 . Fc;.a-~"'->::;.l';; <;;;.I"';'~"';'~ <, -' ~ . .- - The Santos' have refused to "sign and deliver to the Eluilder a full and unconditional release of all legal obligations with respect to the defect" as n:quired when a repair item was completed, according to IV.C.9 of the New Jersey Warranty standard Limited Warranty Agreement of the Quality Builders Warranty Corporation manual, 9/00, page 4. The above is being brought to your attention to docmnent the 1ICtua1 cowse of events, and difficulty we are having in responding to the Santos' repair delT\lllllds, We have notified the Santos' that additional days are l'l~uired to complete the repairs, especially in light of their failure to provide access to their house on February 4, 2003, and difficulty in re-scheduling all the contractors who wasted their time going to the house to find no one home. Please see the attached notice. If they refuse to provide access during nonnal working hours, or fail to be home when workmen show up during scheduled dates of repair, it is impossible to complete the repairs, and a breach of the te:nns of the Limited Warranty Agreement. Respeotfully, ~~ Rick Wilson cc: Chad Harvey Quality Builders Warranty Faxed to: 717-737-4288 F.trj~,l . ,- .::.~._.;.,-.- Presiilential Hill L C 2 Madison Ave. Pennington, N.J. 08534 609-737-2323 Fax 609-737-6402 February 4, 2003 RE: CAS File# 02.3081 QBW Enrollment# 0255674 Fenando and Julia Sanlos IS Cheyenne Drive Pennington, NJ 08534 On Friday January 31, 2003, I was made aware thaI two incorrect dates had been specified on our letler dated January 17, 2003 as to the days when we required access 10 the Santos' home. Mistakenly, Sunday's date of February 2, 2003 and Monday February 3, 2003 were listed on the letter. It should have been Monday February 3, 2003 and Tuesday February 4, 2003. I promptly call Chaded Harvey at Quality Builders Warranty to inform him. I then called Mrs. Santos at her home to explain that we needed Monday and Tuesday not Sunday and Monday to finish the repairs. Mrs. Santos advised me that she Wlould let me know if it was going to be a problem for her to be home on Tuesday. She also was dil'pleased that only one contra(;tor showed up on Friday. I tried to explain 10 her that since the carpenter was unable 10 eliminate the minor squeak left in the guest room when he was there on Th\ll'liday, we had to bring in another clll]lenter to eliminate the squeak. Mrs. Santos next inquired when the balance of the items would be repaired. She specifically stated that if we tried to repair the windows instead of replacing them, she would stand between the windows and us, and that she would physically stop us by what ever means were necessary. In response to this, I informed Mrs. Santos that we were all adults and that adults do not use physical means to resolve issues. Our conversation then ended. I then called Chad Harvey at Quality Builders Warranty to make him aware of my conversation with Mrs. Santos. Approximately one hour after my conversation with Mrs. Santos, Mr. Santos called, He too, was upset that only one contra(;tor showed up. I tried to exl)lain to him what was going on bul it seemed that he did not WlIIlt to hear it. I politely informed Mr. Sanlos that I would relay his message to Rick. This ended our conversation. , 't\if" ~~~ ~c ~~~~ ll;~~ ~~ b~gg847g54 TO g17177374288 P.01/12l1 s:jj)Q~ ~)J ~ ,.)b $ J Db~ JAMES E. MCGREEVEI' Gov"nor February 6, 2003 Sl'SA.\S BASS LFVIN Commi:>>iul1t:f Fernando and Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Merrick Wilson T/A Presidential Hill, LlC 2 Madison Avenue Pennington, NJ 08534 Chad Harvey Quality Builders Warranty Corporation 325 N. Second Street Wormleysburg, PA 17034 RE; Effectuating the Completion of the Fixes Required by the Initial and RSD Arbitrations Dear Parties; It is my understanding that the Arbitrator has issued a "drop dead date" of February 28, 2003 in the alternative dispute settlement process provide by New Jerse}' Statute and Administrative Code. Failure of either party to demonstrate good faith in carrying out the order of the Arbitrator may either prevent recovery or create protracted litigation and dl!fault that could result in Suspension or revocation, I'm sure that all parties do not wish to see this instant lack of cooperation and understanding to tum into an unproductive and costly miasma and quagmire, I, as one, certainly do not wish to see any more pitfalls and snares hamper the positive outcome of the several arbitrations that have taken place to this date. A judge, as another, probably wouldn't wish to see an alternative dispute process, deSigned to keep things out of the court system, in court! C; C. Olsen, Construction Arbitration Services File#02-3081 BY FAX and Regular Mail I New ]!rsey Is An Eq!lD./ OpportunihJ Employa . Pn'nted on R,'cycU:li Pap!!r Qnd RticycltlbJ,. Exhibit B 32 Feb-ID-03 05:45pm From-GLOBAL STRI IC OUTSOURCING 609-730-71;48 T-416 P02/03 F-024 February 10.2003 Kenneth Butka State of New Jersey Department of Community Affairs Trenton, NJ Mr, Rick Wilson Presidential Hill, L,L.C. 2 Madison Avenue Pennington, NJ 08534 Chad Harvey Quality Builders Warranty Corp. 325 N. Second Street WOnnleysburg,PA 17034 Re: Schedule of Repairs Dear Parties: In response to Mr. Butko's letter dated February 6, 2003, I am taking the iiniriative, in good faith, to schedule dates and times and to give once again Presidential Hill every opportunity, as has been done in the past, to address the items that have been awarded to us per the Award dated December 23, 2003, The following schedule must be adhered to without exception: Date Time ItemS to be Completed Wednesday,Febnuayl2,2003 8:00am - 7:00pm Finish the following itemS that were listtd on Presidential Hill's letter, dated Jan. 17,2003: #20, #22. #23, #32, #60, #61, #79. #116 and #120, Per Rick Wilson. on January 28, 2003. the itemS below went to Appeal. We consulted with QBW and CAS on January 28, 2003 and Anneal was not e:ranted. February 17 - February 21, 2003 8:00am 7:00pm #2 Garage drcle top window . Wil~OW must be replaced. February 17 - February 21,2003 8:00am-7:00pm #3 Foyer ciJrele top window . Wil~ow must be replaced. February 17 - Febnuay 21.2003 8:00am - 7:00pm #24 Bowed back w:lll (Guest Room and Hallway) . Wall muSt be opened, sheetrock removed iUld replacc 2x4's to properly align wall. Not a spac1ding issue, Wall must then be reconstructed to proper condition to satisfy 1996 BOCA Na'~ona1 Building Code Chapler 16, Section l604,S,6, February 17 - February 21, 2003 8:00am - 7:00pm #35 Crackclil and wa.vy ceiling - Master Bathroom . Deficiency is due to poor framing, Not a sp"ckling issue. Corrective action. which is to rebuild roof and redo framing. is not feasible wi,'hout nerformino maior reconstrUCtion, lof2 Exhibit B 33 Feb-IO-OS 05:45pm From-GLOBAL STR, IC OUTSOURCING iOi-m-7UB T-41i P,OS/OS F-024 Rcglll:dless, collar ties IllllSt be placed in attic to COIllll.ct rafters in order to relieve some of the preSS1= that is caused by the weight on the roof thereby =ting bows on the ceiling. February 17 - February 21, 2003 8:00am - 7:00pm #43 Boys room: Broken windowsill (Outside) 0 Window must be replaced. February 17 - February 21, 2003 8:00am - 7:00pm 1159 Girls roollD: Wavy ceiUng 0 Dew:icucy is due to poor framing, Not a spaelding issue. Corrective action, which is 10 rebu'~d roof and redo framing, is not feasible without performing major recOllSlnlction, Reg.ord1css, collar lies mIlSt be placed in attic to COllllLCCt rafters in order to relieve some of the pre"..... that is caused by the weight on the roof therl!by creating bows on the ceiling. February 17 - February 21, 2003 8:00am - 7:00pm #100 SWdy Window (side of the bouse, ne:r.'t to kitcben) (missing J clulDnel; improper installation of nllShins) 0 Instllllation of a double hung windOw with a post or a one window with a faClory installed mullion wou~d repair the deficiency, Additionally, some of itle siding must be' rop laced with the correct styl" of siding used throughout the entire house, February 17 - February 21, 2003 8:00am - 7:00pm #103 Deck slider door 0 Damage is beyond repairable, Entire lmit needs to be ';"laced. February 17 - February 21, 2003 8:00am -7:00pm #11:1 Basem'Dt sliding door 0 Handle r""laced and new one installed, We have been giving Presidential Hill sufficient time, far and beyond reason, to address the above items, Please refer to our lener dated February 5, 2003 for details, We continue to give Presidential Hill generous amounts of time to resolve the outstanding issues yet Presidential Hill continues to default and consequences for his lack of compliance are not evident, Weare continually asked to give in, mala, exceptions, etc, and everything remains "statuS quo", If Presidential Hill defaults on anyone item above, Qunlity Builders Warranty must step in and resolve the outstanding issues within the appropriate warranty guidelines, Please cootaat us at 609-730-3476 if you have any questions. Thank you. -// ' /~~ ~ - la V, Santos ' 2of2 FSQ:-16-03 Q4:56pm rrcm--.i..u~AI. ~iRp'- .l~ wUrSGu~CII~~ Cl,j~-: .;U-: OtiC ,~4"O r.; I'..; ,._'..;.. '. ' FEB 1 'j 2003 7062-10,2 PACSIMILE TRANSMITTAL SHEJ;T TO: John Gill Chad Harvey C()MPANY! Qu2lity Buildczs Wa.rranty FAX HUMBEa, 717-737-4288 fROM: Julia SantOs OATE.. 02/16/03 '!'01'^L NO. 01" II^Gl:::) lNGl.l.'CrNG r.nvrm, 3 PJol'ONE NUMl\Ei\. 717-737-2522 SENPItR'S AE.F'Ii;R.IiNCl:: l\lUM.I5t::R: CAS Filciil 02-3081 Follow-up to telephone conv=tion dated 02/12/03 with Mr, Gill 'YOuR. lUiFc.KbNCI::. r.rUMl:olil\: QBW File # 0255674 RE: o URGliNT 0 FOR REVIEW o np,,\SF. COMMl:NT X j'~liAS.: REP~Y o 1'I,F.A$F. RJ,CYCI.li Enclosed is . follow-up lem:. to the February 12, 2003 telephone convE:r..tion with MI. GilL Plc:lse call me with .ny quesnons. Th:mk you, 609.730-3476 -- Exhibit B 34 Feb-16-03 04:56pm From-GLOBAL STP ~IC OUTSOURCING 608-I3O-i848 i-416 f,Ol/03 i-osa January 24, 2003 SENT VIA FAX (717-737-4288) Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Mr. John Gill Quality Builders WalTlUlty 325 North 2" Street Wornlieysburg,PA 17043 Re: QBW Enrollment # 255674 CAS File# 02-3081 Builder: Presidential Hill, LLC Dear Mr. Gill: As follow-up to our telephone conversation on Wedncsday, Febluary 12, 2003, the following was discussed: . Presidential Hill's method of repair ror the ceilings was to place sheetrock on the existing ceilings, thereby covering up the deficic"llcies, The bow on the ceilings would still remain. Obviously, Presidential Hill would not be fixing the items according to the arbitrator's Award of December 23,2002 whereby it states "The Homeowner"s method ofrepair dated November 22, 2002 is sufticient to bring the defect into compliance ,,~th the warranty," In looking at the Homeowner's method of repair, ceiling items #35 and #:59, require the fonowing corrcctive action, "Corrective action, which is to rebuild roof and n~do framing, is not feasible without performing major reconstrUction, Ceiling would then be reconstrUCted to proper condition to satisfy 1996 BOCA National Building Code Chapter 16, S,ection 1604.5.4, Well ish Architects suggests monetary settlement but notes that collar ties must be placed in attic to connect rafters in order to relieve some of the pressure that is caused by the: weight on the roof thereby creating bows on the ceiling." If Presidential Hill plans to fix the ceilings in accordance with the arbitrator's Award, he must perform major reconstrUction which is to rebuild roof and redo framing, Placing the collar ties must be done regardless ifJ'residential Hill chooses to do major reconstrUction or not, If Presidential Hill chooses not to abide by the arbitrator's Award dated December 23,2002, we will go through Compliance Arbitrs,tion, . Per oW' letter dated February 10, 2003, Presidential Hm was to finish the items listed on Presidential Hill's lener dated January 17,2003, on Wedne:;day, February 12, 2003, The items, such as the ceilings and the guestroom wall, were to be bandied during the week of February 17 _ February 21,2003 therefore Mr, Rick Wilson's alleb'lltion of the rooms not being ready for his contractors is unwarranted and is all "hot air". If Mr. Wilson's intention was to work on the ceilings and walls, the guestroom was all empty yet his contractor did not work on it when he was there in the morning. Only when I brought up that point did Mr, Wilson send his contractor back in the aftCl'tloon from 2:30 -3:00 to only remove the sbeetrock from the guestroom wall. . I had expressed to Mr. Wilson that 1 would bc vr:ry willing to empty the rooms (girls room and master bathroom) thaI day but would need to call my husband to help me unless he (Mr, Wilson) could help me, Mr, Wilson became more agitate:d than he was, yelling at me in my own home that his contractors required the rooms empty in order to work. Mr, Wilson knew the ceilings were to be done the week of February 17 - Febnw-y 21, 2003 so why was he expecting the rooms to be ready on Wednesday February 12, 2003? We gOt a call from Kathy Callahan on Tuesday night, February II, 2003, stating that the sheetrock would be dropped off on Wednesday, February 12, 2003 beTWeen 7:00am and 8:00am. We were not notified that the Feb-I6-03 04:56pm From-GLOBAL STR' IC OUTSOURCING 609-730-7848 T-426 P03/0, ,-050 ceilings would be worked on, Again, another attempt by Mr, Rick Wilson to discredit our intentions, . Per the letter dated February 10,2003, Presidential Hill's contractors were to be working at the house from 8:00am _ 7:00pm. Presidential Hill had 11 hours to make the necessary repairs, In total, the contractor's were at the home 90 minuteS that is 14% of the total allotted time, The details are as follows: . 7:30am-7:45am Dropped off sheetroek . 10:ISam-l1:00am Carpenter did trim in dining room . W:30am-ll: 1 Sam Drywall conn-aC'tOT did not work. Had various conversations with Kathy Callahan and Rick Wilson regarding Ire solution of ceilings. . 2:30pm -3:00pm Drywall conn-actor came bac:~ and removed guestroom wall Now that Mr, Wilson is clear, once again, on what he needs to do in order to comply with the arbitrator's Award dated December 23, 2002, our home continues to be open to ,Presidential Hill and his contractors on the specified dates and times as per our February 10. 2003 letter. It is more than obvious that we continue to be very accommodating, yet Presidential Hill continues to make his own rules and continues to get away with inappropriate and non-compliant behavior, Go figure,.. Please contact me at 609-730-3476 (work) or 609-818-0697 (home), We thank you for your assistance, ---~y~ Cc: Rick Wilson, Presidential Hill Kenneth Butko, Bureau of Homeowner Protection Karen Ballew, ConstrUction Arbin-ation Services Chad Harve')', Quality Builders Warranty - F,b-1H3 11:110m From-GLOBAL m ~iC OUTSOURWG SOH30-184E 7-4SQ F uZ/G3 r-~E5 February 28, 2003 SENT VIA FAX (717-737-4288) Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Mr, John Gill Quality Builders Warranty 325 North 2" Street Wormleysburg, PA 17043 Re: QBW Enrollment # 255674 CAS File# 02-3081 Builder: Presidential Hill, LLC Dear Mr, Gill: I am in receipt of Mr. Wilson's letter dated February 24, 2003, The:!'e are many inaccurate statements throug.lwut the entire lener specifically as it pertains to dates, Please note the following: . Presidential Hill was not ref~ed access to our home, As a maner of facrt, throughout the week of February 17, 2003, we kept asking Mr, Wilson to give us additional dates and times that would be required for completion of the repairs. He never gave us a written or verbal schedule, . On Friday, February 21, 2003, we spoke with Kathy Callahan regarding additional time and she suggested Wednesday, February 26, 2003 but due to lmcerta.intY of delivery of windows, it was agreed that Thursday, February 27, 2003 would be bemn-, We agreed and Kathy would schedule all the trades for Thursday, February 27, 2003, to complete all the repairs, as per attached e-mail. . Presidential Hill had 60 days to complete the repairs, not only one day, Presidential Hill's failure to plan or schedule the repairs appropriately and the failure to "show" on the scheduled dates and times does not constitute an obligation on our part to give Presidential Hill additional time beyond February 28, 2003, We continually give examples of "no shows" by Presidential Hill and Thursday, February 20, 2003 and Friday, February 21, 2003 are no exceptions. On Thursday, February 20, 2003, only the carpenter came to the home for Jess than an hour, That is, 99% of the scheduled time was wasted and could have been appropriately scheduled for completion of repairs. Furthermore, on Friday, February 21, 2003, only the spackler came in for a half hour. Again, the entire day wasted, Under no circumstances, is Presidential Hill absolved of the responsibilities that have been specified by the arbitrator in the December 23,2002 Award. Presidential Hill had until February 28, 2003 to make the appropriate repairs. Since many of the items, as per the December 23, 2002 Award, were either incompJet':, inappropriate or not addressed, Presidential Hill has defaulted. Another letter will follow shonly, listing the items still in question that will require Quality Builders Warranty's intervention and/or immediate resolution. Please note that on Thursday, February 27, 2003, the carpet contractor came in and assessed the workload for 15 minutes and left because he did not have padding a:nd carpet to complete the job, At the request of Kathy Callahan and again on "good faith" on our part, w,~ agreed to give Presidential Hill one more day, Sarurday, March 1, 2003 to complete the repairs, Please note that this is the very last chance that Presidential HiJ] will be given the opportUnity to repair all items" Please contact me at 609-730-3476 (work) or 609-818-0697 (home) with any questions. Thank you. Exhibit B 35 . Feb-1H, 11:11pm From-GLOBAL 57 'GIC OUTSOURCING Kind regard~ ~ () # -;;.::;y ~ ~ ~s' Cc: Rick Wilson, Presidential Hill Kenneth Butko, Bureau of Homeowner Protection Karen Ballew, ConstrUction Arbitration SeTVices Chad Harvey, Quality Builders Warranty 609-730-i848 H50 P 0,/01 F-OSS . "".. ." -. ~ March 6, 2003 SENTVlAFAX (717-737-4288) Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Mr, John Gill Quality Builders Warranty 325 NorJ12'd Street Wormleysburg, PA 17043 Re: QBW Enrollment # 255674 CAS File# 02-3081 Builder: Presidential Hill, LLC Dear Mr, Gill: We are in receipt of Ms. Callahan's letter dated March 3, 2003, I realize that it has come to a "he said she said" situation but all I can do is present the fucts and set the record straight. We appreciate Ms, Callahan's diligence and willingness in trying to work with all parties but it is obvious that Ms. Callahan does not have the sequence of events correct nor has she portrayed ma,ny of the scenarios accurately, The following should be noted: . Poor planning on Presidential Hill's part does not constitute an emergency on our part. Presidential Hill's poor planning, ''no shows" and unwillingness to cooperate has brought us to this situation, . We have always made our home accessible during the agreed upon dates and times. As a matter offact, we have gone far bcyond reason to accommodate Pr':sidential Hill in every way possible so that the items could be completed by Februaxy 28, 200,3, We were even willing to give Presidential Hill an additional day at Ms. Callahan's rec,uest, March 1, 2003, beyond the Februaxy 28th deadline as per the letter dated February 28, 2003. . We never agreed on the Monday, February 24, 2003 date, When Mr. Harvey spoke to us, he mentioned that Ms, Callahan requested Wednesday, Febnwy 26'h but upon speaking to Ms. Cal1ahan. it was agreed by both Ms. Callahan and us that Thursday, February 27, 2003 would be bener because of the window delivery, We then e-mailed both Ms, Callahan and Mr. Harvey confirming the Thursday, February 27, 2003 date, In addition, we called Mr. Harvey and left a message stating that Thursday, February 27, 2003 was agree,d upon by both Ms, Callal1llIl and us and that Ms, Callahan would be scheduling all the trades for that day, . Ms, Callahan mentions the carpeting in the girl's room, I suggest that Ms. Callahan speak to her carpet contractor, He was the one who noticed the lump O~I the floor and lifted the carpet. The carpet was touched by Presidential Hill's contractor and therefore it is Presidential Hill's responsibility to get the carpet re-installed. . We did not receive any letters dated February 18, 2003 and February 20, 2003. The only letter requesting additional time beyond the February 28th deadline is dated February 24, 2003 from Mr, Wilson, We responded with a letter dated February 28, 2003 where we indicate Presidential Hill has defaulted. "Presidential Hill had 60 days to complete the repairs, not only one day, Presidential Hill's failure to plan or schedule the repairs appropriately and the failure to "show" on the scheduled dates and times does not constitute an obligation on our part to give Presidential Hill additional time beyond February 28, 2003," . Please note there is inconsistency between Ms. Callahan's letter dated March 3, 2003 and Mr. Wilson's letter dated Februaxy 24,2003, Mr, Wilson states that on February 19th he informed us of the need for additional time/access to our home yet Ms. Callahan states that we were Exhibit B 36 informed via letteTs sent on February l81ll and the 20'h, Both statements are inaccurate and inconsistent. We are in the process of preparing the list of items that still need I') be addressed by Quality Builders Warranty. You will receive tlus shonly. Please. contact me at 609-730-3476 (work) or 609-818-0697 (home) with any questions. Thank you. Kind regards, __~~0 Cc: Rick Wilson, Presidential Hill Kenneth Butko, Bureau of Homeowner Protection Karen Ballew, ConsU'UCtion Arbitration Services Chad Harvey, Quality Builders Warranty ~ai....,jc-'~~ ~,: :.;.::~m (' .,;;ii-'.l.......:."I1. .., ,,,' ,.. ..... ....."... .. ~M<, ~ E ?SjIJ"O cl-- ,..{.~~( L L - ~ FACSIMILE TRANSMITTAL SHEET John Gill Chad HllIVey COM1'hNY. Quality Bullde.."5 W=ty r^:<. NUMI3l:::R: 717-737-4288 1~I{OM: JulU Santos 1'0: Uh'r:!.: 03/06/03 T01'A!. NO. OF p^GP'S TNCT.UDING CovER.; 5 PHON1'. NU)JH~lL 717-737-2522 S\;,.NOI!n."::; KJ:::1-ERB.NCE NUMDER: CAS FiletF 02-3081 RE' Compw.nce Arbib:at1on Letter YOUR ltJ:FEJU:::NCl::: NuMBER: QBW File # 0255674 o URGENT 01'011. REVIEW o Pl.EAS.!:: COMMENT X PLEASE n.12P1.Y o rr.F-ASE. lUiCYCLf: Enclosed is the Compliance Arbi,ntion Jetter to gC't the process St"",ed, Please call me with any questions. 1'hllnk you. Reg:u:ds. ~p-. . ~antos Exhibit B 37 Mar-G6-u3 J2:CSpm rrcm-'j,..WOfli. ~ I'~t I~ ,"i.li'~WW~~,i'iu ; 1,;';-' ,;.. - ,;..~ March 6, 2003 Fernando & Julia Santos J5 Cheyenne Drive Pennington, NJ 08534 Phonc: 609-818-0697 Work: 609-730-3476 Ms. Karen Ballew ConsttUcnon Atbitrarion Services, Inc. 2777 Stemmons Freeway, Suite J452 Dallas, Texas 75207 Phone: 214-638-2700 Fax: 214-638-4054 Re: CAS File #02-3081 QBW File 11 0255674 Dear Ms. Ballew, The following items are not in eompJiance with the Method of Repair awarded as per the Award dated December 23, 2002: (Pleasc note the mentioned Exhibits are referenced in ~ Method of Repair document dated November 22,2002.) Items not Addressed bv Builder #2 Garage circJe top window frames broken -to be replaced Homeowner'. Method awarded _ PJease refer to Exhibit A, Exhibit F and Exhibit G for more detail. - Per window manufacmrer, Silverline Windows, Edward Schultz - Director, the epoxy kit would not repair the frame especially since the pieces are missing and tbe breaks are not sttaight. Even if attempted, the repair wouJd not have the same integtity, appearance and durability of a new frame, Whether or not the damage effects the operation of the window is irreJevant. We paid for new windows not broken windows. (When you buy a new car, you expect a new car not a dented car.) Window must be replaced. #3 Foyer circle lOp window frames broken - to be replaced Homeowner's Method awarded - Please refer to Exhibit A, Exlubit F and Exhibit G for more detail. - Per window manufaclUter, Silvcrline Windows, Ed"iard Schultz - Director, the epo"y kit would not tepair the frame especially since the pieces are missing and the breaks are not straight. Even if attempted, the repair wouJd not have the same integrity, appearance and durability of a new frame. Whether or not the damage effccts the opetation of the window is irrelevant. We paid for new windows not broken windows. (When you buy a new car, you expect a new car not a dented ear,) Window must be replaced. #24 Bowed back. wall- uneven (Hallway), as per August 8, 2002 leller Homeowner's Method DroDoSed _ Please refer to Exlubit A, Exhibit C and Exlu"bit D for more dttail. - Per Wellisch Architects - Yuval Wellisch, wall must be opened, sheetrock temoved and replllce 2x4's to properly align wall, Not a spackling issue. Wall must then be reconstructed 10 proper condition to satisfy 1996 BOCA National BuiJding Code Chapter J6, Section 1604.5.6. #43 Boys room: Broken windowsill (OutSide) Homeowner's Method awarded - PJease refer to Exhibit A, Exhl"bit F and Exhibit G for mote detail. - Per window manufacturer, SiJverline Windows, Edward Schultz - Director, the epoxy kit wouJd not repait the frame especially since the pieces are missing and the bteaks are not str>1ght. Even if attempted, the repair would not have the same integrity, appearance and durability of a new frame. Whether or not the damage effects the operation of the window is irrelevant. We paid for new windows not broken windows. (When you huy a new car, you expect a new car not a dented car.) Window must be replaced. lof4 . Ai:-~~-~~ w~;~~~i~ "',,; '~....;.". #100 Unfin;"hed window -trim on outside (missing J channel; improper installation oC na.shing) Homeowner's Method awarded _ Please refer to Exhibit A and Exhibit F for mote derail, - Per Nation- Wide and Building Inspector, insrallarion of a double hung window with a post or a one window with a factory installed mullion wouJd repair the defiClency, Cunently, the windows or not aligned with the mullion therefore the rainwarer gers under rbe siding and eventually rots the wood. Poorly done. Additionally, some of the siding must be repiaced with thc correct style of siding used throughout the rnrire house, Structural Deficiency Basement _ Lally Plare missing from support column Homeowner" Method nronosed - Please refor to Exhibit D. - Per Wdlisch .A.rchirects -Yuval Wdisch, !ally plate must be present arrop of beam. Beam can not be cut; must cut column to insert Jelly pJate. Awarded and A2reed Items (still outstanding since Oct. 18, 2002), The i= are as follows: . #5 Water in basement due to warer running down dining room wall . #6 Also in garage wall . #13 Septic tank pipes filled with dirt and rocks . #67 Inside trim missing from Coyer window Please note that per Exhibit F, window must be replaced since it is manufactured AS a whole unit. The integrity of the window has been eomprornised. Conclusion: Window must be replaced. . #107 Adjusnnent required on bottom second cabinet door from oven (doesn't close property) (Door Warped) . #111 Rain waler getting in basement Crom outside wall . #117 Water dripping down chimney Items not Completed to Award Specifications #20 Study outside wall- cracking oC stucco and cement Builder's Method awarded but defidenc:'V still Dre5ent therefore Homeowner's Method oroDosed w Per site visit by Nation-Wide Building & Remodeling, Gary Krusch, on November I J, 2002, cement must be removed and wire mesh muSt be placed over new plywood walJ and pre-existing foundation cinder-bJock wall, StuCCO must then be reapplied acroSS entire surface. In addition, the aluminum trim whote it meets the vinyJ siding must be teplaced. Furthennore, the style of the vinyl siding used on some areas of the stUdy outSide wall does not match the siding on the entire house. Unmatched siding must be removed and toplaced with the same style used throughout entire house. Crack is sriU present. #22 Squeak-y floors (Guest room) Builder's Metl10d awarded but deficiency still oresenl therefore Homeowner's Method orooosed - Please refer to Exhibit A, Exhibit B and Exhibit D for more detail, - Per WeJlisch Architects - Yuval Wellisch, carpet must be lifted, lift plywood, glue and screw and then re-instal\ carpet to current condition. Per the A:i A requirements, "to ensure the panels will be firmly and permanently secured to IDe joists, wipe away water, dust and debris before applying glue, Apply glue,.," Per contraccor, it app""rs thar the floor jolsrsltrusses IlT< loose. Floor panels must be lifted and floor joists secured before OIlY additional work rakes place. 2 of 4 il"'.......... .... .... #59 Girls room: Wavy ceiling Homeowner'. Method awarded - Please refer to Exhibit A, Exhibit C and Exhibit D for more detail. - Per Wellisch Architects - Yuval Wellisch, deficirncy is due to poor framing. Not a spackling is$ue. Corrective .ction, which is to rebuild roof and tedo framing, is not feasible without performing major reconstrUction. CeiJing would then be reconstrUcted to proper condition to satisfy 1996 BOCA Natiolllll Building Code Chapter J6, Section J604.5.4, Wellisch Architects suggests monetaI)' settlement but notes that collar ties must be placed in attic to connect rafters in otder to relieve some of the pressure that is caused by the weight on the roof thcreby creating bows on the ceiJing, Attempt to repair ceil/II.!: failed due to puur framillg. Ae.theticaJ/y, the ceiling looks wurse thall before hecause of opellings and patches made by rhe contractor ro invesligatl! the deficiency.. #79 Dining room: wavy ceiling (at hallway to kitchen) 'A' omeowner's Method swarded - Plcase refer to Exhibit A, Exhibit C and Exhibit D for more detsil. - Per WeJlisch Architect$ - YuvaJ Wellisch, deficiency is due to poor framing. Not a spackling lSsue. Corrective action, whieh is to rip up ceiling and redo framing, is too costly and not feasible without performing major reconstruction, Ceiling wouJd then be teconstIUcted to ptoper condition to satisfy J996 BOCA National Building Code Chaprer 16, Section 1604.5.4, WeUisch Architects suggests an alternative solution; header should be built to hide tho deficiency and finished with molding to be properJy connected to existing molding Ot existing moJding to be repJaced to include spackling and painting. Header is now uneven. Olle side is blgg.r rhlUt the other. #102 Kitchen hall to decl<, uneven floor (bump) and crack Homcowner's Method swsrded - Bump in floor repaired but crack still remains. In addition, the trim on both sides of the wall has been damaged as a result of tepairing the floor, Crack in floor must be repaired and trims must be replaced, installed and painted. #103 Deck slider door Homeowner's Method awarded - Please refer to Exhibit A and Exhibit F for more derail. - Per Nation- Wide Building & Remodeling, damage is beyond tepairable. Entite unit needs to be replaced, The sliding door was r.plac.dbut performing Inadequate/y. The door does not slid., close or lock prop.rly. #116 Cracked granite near kitchen sink (resulted from plumber trying to balance dishwssher) Builder's Method awardC!d but defidenev still oresenT therefore Homeowner's lVlethnd oraDosed . Please refer to Exlubit A and Exhibit E for mote dt:lAil, - Per Princeton Marble and Tile Contracting Company, counter topS must be tepJaced. Repair of chip will make seam too wide by apprOldmateJy \(," which is lUlACceprable and not within industry standard.>;. Therefore entire countenop must be replaced in otder for granite to match since it is from ''natural stone" and mUSt be from the same Jot to match, Granire srill aneven and cracked (chipped). Gap benveen granite pieces is too wide. #120 Gaps between windows and trim in kitchen sad girls room Builder's Method awarded but deficiency still Dresent - Caulk gaps and then paint. Caulk was only dime in the girls room. Please note that pictures and/or video are .vaiJable for any of the items above, Please Jet us know if you wish to receive piC'tUtes and/or video. I do not understand why those items that have not been addressed by the Builder must go to Compliance AIbitration. Shouldn't QBW be obligated to handle them in accordance 'With the Method of Repair awatded as per the Award dated December 23, 2002'1 I thought only those items that were addressed by the Builder but not completed to the Award specifieations were to be handled through Compliance Arbitration. Please clarify my understanding of this process. J am enclosing a cheek in the amount of $500 to begin the CompJianee ptocess, I look forwatd your explanation of the process and notification of the Compliance Arbltration date. Plea.se let me know if you hove any questions. You =y call me at (609) 730-3476 work or (609) 818-0697 homc. Thank you. 30f4 .zm ~tnf2 of ~2tu ]2r521J DEPARTMENT OF COMMUNITY AFFAIRS ~ -:(:(..-::-(1... / JAMES E. MCGREEVEY Govemor SUSAN BASS LEVIN Commissioner III ,!~ March 26, 2003 Mr. & Mrs. Fernando Santos l5 Cheyenne Drive Pennington, NJ 08534 RE: QBW File #0255674 Compliance Arbitration Dear Mrs. Santos, Per your written inquiry (2/24/03) please be advised that if your builder fails to complete any or all items awarded in the previous arbitration he will be in default and the compliance fee will be promptly refunded. KB/co C: C. Harvey, QBW Bureau of Homeowner Protection PO Box 805, Trenton, New Jersey 08625 Fax 609/292-2839 Exhibit B 38 ;'Ie:.1} ,Ie':'':'?'..' Is An E.wal Ov!':ortunity Employer. ?r-intd J'tt .'ZeC'Jc!ed Paver ar.:-l Rec1!ciable Case Assignment Memorandum CAS FHe #: 03-431 QBW Enrollment #: 0255674 Homeowner : SANTOS, FERNANDO QBW Rep: Chad C. Harvey From : Heidi Bizzell Date : March 19, 2003 Re : Assignment of Arbitrator Please note that Stephen Rapp has agreed to act as an arbitrator for this case. , 1" ,/) I\~,JC;, I~j=- vt \-,,_'--L ' , , ' j rJ~ 'fY(CJ-* I ~;C l' ( . _! II Art ~~' Exhibit B 39 Presidential Hill L.L. C 2 Madison Ave. Pennington, NJ, 08534 ----.--------------------- - ------------ Tel 609-737-2323 Fax 609-737-6402 May 12, 2003 Construction Arbitration Services, Inc. 2777 Stemmons Freeway Suite 1425 Dallas, Texas 75207 Attn: Heidi Bizzell Sent via fax to: 214-638-4054 RE' CAS File# 02-3081 QBW Enrollment# 0255674 Dear Ms. Bizzell: In reference to the hearing which is scheduled for Tuesday, May 13, 2004 at Il :00 am at the Santos residenence, I am requesting that Mr. Rapp not be assigned to decide this arbitration, I request that an unbiased arbitrator be assigned to arbitrate this matter. I feel Mr. Rapp has allowed items into this arbitration which were excluded by Quality Builders Warranty from the warranty, He also has permitted the homeowner, after the one year warranty period and thirty day notice of claim, to add items which were not on the original listing of defects to be arbitrated, which violates the time reporting restriction of the warranty. This matter must be resolved by an impartial arbitrator who can be fair to both parties. If you have any questions, please do not hesitate to contact me. Very truly yours, / c'" Merrick Wilson President CC: John Gill . Quality Builder Warranty Co. Faxed to: 7l7-737-4288 Chad Harvey - Quality Builder Warranty Co, Faxed to: 717-737-4288 Exhibit B 40 MAY-12-03 MON 12:14 p~ ~AX NO, r, UUU.:I Construction Arbitration Services, Inc. May 12,2003 Merrick Wilson Presidential Hill LLC 2 Madison Avenue Pennington, NJ 08534 RE: CAS File # 03-431 QBW Filc # 02.3081 Dear Mr. Wilson: Your request to disqualify Arbitrator Rapp is denied, Such application must be suggcsted by specific facts and not disagreement with an arbitrator's findings. Moreover,lhe request is barred because it was not made in a timely manner when this hearing was scheduled, YOulS very truly, ~ Karen Ballew Case Administrato: ce: Chad Harvey, QBW John Gill, QBW 2777 Stemmon, Freeway' Suite 1452' Dalla" Tem 75207 - (2\4) 638.2700 -Pax (214) 63R-4054 Exhibit B 41 Vtf4.'< \ ~ 'LGG3 Construction Arbitration Services, Inc. May 15, 2003 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: CAS File # 03-431 OBW Enrollment # 0255674 Dear Parties: By direction of the arbitrator, we are enclosing the Compliance Arbitration in the above captioned matter. Thank you for your cooperation in this process. Yours very truly, :0~..;0'lC~ Je e ha Northcutt Case Administrator Enclosures as noted: cc: Chad C. Harvey, OBW Stephen Rapp Exhibit B 42 2777 Stemmons Freeway' Suire 1452' Dallas, Texas 75207. (214) 638-2700' Fax (214) 638-4054 CONSTRUCTION ARBITRATION SERVICES -----------------------------------x In the matter of the Arbitration between Mr. & Mrs. Fernando Santos, Homeowner(s) CAS FILE #03-431 QBW FILE #255674 -and- AWARD Presidential Hills, LLC, Builder -----------------------------------x I, Stephen J. Rapp, was appointed as Arbitrator to hear and determine disputes which had arisen between the homeowner(s), Mr, & Mrs. Fernando Santos, and the builder(s), Presidential Hill, LLC, involving a home located at 15 Cheyenne Drive. By a letter dated April 23, 2003, I advised the parties that a hearing would be conducted at 15 Cheyenne Drive on May 13, 2003. Present on that date were: Mr. & Mrs, Fernando Santos Mr. Rick Wilson Ms. Kathy Callahan Mr. C~ad Harvey The disputes existing between the pa~cies we~e set forth on a le~~e~ received by Construction Arbitration Se~vices on March 10/ 2003, from the homeowner(s) requesting Arbitration and Compliance Inspection on the following defects: ARBITRATION ITEMS: 1, Basement - Lally plate missing from support colun~. COMPLI.~~CE ITEMS: 2. Ga=age circle t8p wi~dow fyames b~~ke~-co ce . . rep_a::ec... 3. Foyer circle top window frames broken-to be replaced. I I i I 5. Water in basement due to water running down dining room wall. 6. Also in garage wall. 13. Septic tank pipes filled with dirt and rocks. 20. Study outside wall - cracking of stucco and cement plaster. 22. Squeaky floors. 24. Bowed back wall-uneven. 43. Boys room-broken windowsill. (OUTSIDE) 59. Girls room wavy ceiling. 67. Inside trim missing from foyer window. (GLAZING STOPS) 79. Dining room wavy ceiling. (AT HALLWAY TO KITCHEN) 100.Unfinished window trim on outside. (MISSING J CEANNEL, IMPROPER INSTALLATION OF FLASHING) 102.Kitchen hall to deck uneven floor (bump) and crack. 103.Deck slider door broken; does not run smoothly, does not close (security lock and loose handle unable to tighten) . 107.Adjustment required on bottom second cabinet door from oven (does not close properly), (DOOR WARPED) 111.Rain water getting in basement from outside wall. 116.Cracked granite near kicchen sink (resulced :rcm plumber tryi~g to balance dishwasher - advised 6/28/02) . l17.Water dripping down chimney. l20.Gaps between windows and trim in kitchen and girls room. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * After reviewing such claimed defects and hearing the proofs and arguments of the parties and after due deliberations, I find and Award as follows: ARBITRATION ITEMS: Claimed Defect Builder Resoonsibilitv Reference 1. Basement - Lally plate missing from support column. NO Pg. 1, II. E * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * After reviewing such claimed defects and hearing the proofs and arguments of the parties and after due deliberations, I find and Award as follows: COMPLIANCE ITEMS: As to Defect #2. Garage circle top window frames broken-to be replaced. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #3. Foyer circle top window frames broken-to be replaced. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. Water in basement due to water running down As to Defect #5. dining room wall. THE BUILDER HAS DONE INTO COMPLIANCE WITH CORRECTIVE WORK NECESSARY TO BRING THE DEFECT THE WARRANTY. As to Defect #6. Also in garage wall. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defec~ #13. Septic tank pipes filled wi~~ d~y- a~d ~ocks. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #20. Study outside wall - cracking of stucco and cement plaster. THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #22. Squeaky floors. THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #24. Bowed back wall-uneven. THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #43. Boys room-broken windowsill. (OUTSIDE) THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #59. Girls room wavy ceiling. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #67. Inside trim missing from foyer window, (GLAZING STOPS) THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #79. Dining room wavy ceiling. (AT HALLWAY TO KITCHEN) THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #lOO.Unfinished window trim on cutside. (MISSING J CHANNEL, IMPROPER INSTALLATION OF FLASHING) THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #102.Kitchen hall to deck uneven floor (bump) and crack. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #103.Deck slider door broke:l; does not ru:: smeot!:lv, dces noc clese (security lock and loose handle unab:e ~o t~g~te;, THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #107.Adjustment required on bottom second cabinet door from oven (does not close properly). (DOOR WARPED) THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #lll.Rain water getting in basement from outside wall. THE BUILDER HAS DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #116.Cracked granite near kitchen sink (resulted from plumber trying to balance dishwasher - advised 6/28/02) . THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #117.Water dripping down chimney. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. As to Defect #120.Gaps between windows and trim in kitchen and girls room. THE BUILDER HAS NOT DONE CORRECTIVE WORK NECESSARY TO BRING THE DEFECT INTO COMPLIANCE WITH THE WARRANTY. This constitutes my ccmplete AWARD as t8 all item(s) in dispute submitted to me for ~~termination. Dated: Sil4l03 ~~Q~ Stephen Rapp Ma~-21-'J3 i 2: ~ 1 pm r- rom-'~~00AL. ~i;; "II::;.. i~i:..,~~, .I~ ~u;r:.:u-'';'fC I ~-: = 0 ;' ,,', ,~.; I ...... 21 May 2003 Fernando & Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 Phone: 609-818-0697 Work: 609-730-3476 :vIs. J eTetha Northcutt Construction Arbicration Services, Inc. 27i7 Stemmons Freeway, Suite 1452 Dallas, Texas i5207 Phone: 800-777-8119 ext.502 Fax: 214-638-4054 Re: CAS File # 02-308 1 QBW File # 255674 Dear Ms, Northcutt, Weare submitting a Request for Clarification/Modification on item #lOO Unfinished Window - trim on outside (missing J channel; improper installation of flashing). Please note that on December 23, 2002 the Homeowner's Method of Repair dated November 22, 2002 was awarded to us and therefore the builder, Presidemial Hill, was obligated to repair the defect in accordance with the Homeowner's Method of Repair. The builder failed to repair the defect. The Homeowner's Method of Repair was as follows: "Per Nation- Wide and Building Inspector, installation of double hung window with a post or a window with a factory installed mullion would repair the deficiency. Currently, the windows are not aligned with the mullion theTefore the rainwater gets under the siding and evenrually rots the wood. Poorly done. Additionally, some of the siding must be replaced with the correct style of siding used throughom the entire house." Tne buildeT did not make the repair. He tried to cover up the deficiency by placing a trim around the window but that was not the Method of Repair that was awarded to us. Acmally, water is seeping into the wood nnderneath therefore the deficiency is still present. We do not undeTstand how it can be possible to place the item in favor of the builder when the builder neVeT complied with the :vrethod of Repair that was awarded to us and the deiiciency still exists, It is our understanding that CAS wiil send ",'Us Request for ClarificatloI1t':'vfodification to Mr. Stephen Rapp at which time a clarification/modification judgement will be made. Thank you for your assistance in this matter and let me know if you have any questions. Please call me at (609) 730-3476, Thank you. Exhibit B 43 . May-21-u3 ,2:31pm from-GlOBAl SiR ;C OUTSOURC:iG dDS-!3G-:S48 :-~s~ ; J3/G3 F-u3D Cc: Chad Harvey, Quality Builders Warranty Kenneth Butko, Bureau of Homeowner Protection QUALIT'"Y BL'ILDERS \Y~--\RR--\~T\r CORPORATION 325 N. Second Street. Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 May 21, 2003 Mr. & Mrs_ Fernando Santos 15 Cheyenne Drive Pennington. NJ 08534 RE: Enrollment # 255674 Effective Date: 08-01-0 I Dear Mr. & Mrs. Santos: I am writing in follow up to the conversation I had with Mrs. Santos the morning of May 2 L 2003. As we discussed. Quality Builders Warranty (QBW) stands ready to complete the items listed in the Compliance Arbitration received on May 19, 2003. All work will be done in accordance with the repair specification docume'nts that have been previously been arbitrated. So as to remove any confusion from which items will be addressed I have listed them as follows: HOMEOWNER'S AWARDED RSD REP AlRS l. Defect # 2 - Garage circle top window frames broken- r,epIace the window 2. Defect # 3- Foyer circle top window frame is broken- replace the window 3, Defect # 43- Broken window sill in boy's room- replace the window 4. Defect # 59- Girls room: wavy ceiling Please refer to Exhibit A. Exhibit C and Exhibit D for more detail. - Per Wellisch Architects- Yuval Wellisch, deficiency is due to poor framing. Not a spackling issue. Corrective action, which is to rebuild roof and redo framing, is not feasible without performing major reconstruction. Ceiling would then be reconstructed to proper condition to satisfY 1996 BOCA national Building Code Chapter 16, Section 1604.5.4. Wellisch Architects suggests monetary settlement but note's that collar ties must be placed in attic to connect rafters in order to relieve some of the pressure that is caused by the weight on the roof thereby creating bows on the ceilings. Exhibit B 44 QlLc\LIT)' BUILDERS \VA.RRc\~T)' CORPORA TION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 5. Defect # 79- Dining room: wavy ceiling- Build header and finish with molding to connect existing mo Iding to repaired area then spackle and paint 6. Defect # 103- Deckslider door broken and does not run smoothly (security lock and loose handle) - replace the entire sliding door unit. Note: the_doQr has already been replaced and adjustment to the new unit should bring this into compliance BUILDER'S AWARDED RSD REPAIRS I. Defect # 6- Garage wall has water running down it- repair is to caulk roof valley 2_ Defect #13- Septic tank pipes filled with dirt and rocks.. affected pipes will be cleaned ou!- 3. Defect # 67- Inside trim missing from foyer window- n:pair and install the trim 4. Defect # 102- Kitchen hall to deck has an uneven floor with a bump and a crack- floor should be sanded and fmished 5. Defect # l16- Cracked granite near kitchen sink- the repair involved an epoxy of the jo int 6. Defect # l17- Water dripping down the chimney-chimney cap should be caulked 7. Defect # l20- Gaps between window and trim in kitchen and girl's room- gaps should be caulked QUA.LIT)' BLILDERS 'rvTA.RR~~T-Y CORPORA TION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717 737-4288 The above listed summarizes the outstanding defects as awarded in the Compliance Arbitration dated May 14.2003 as well as the various methods of repair as awarded in the Method of Repair Arbitration decision dated December 23,2002. We anticipate having contractors visit your site very soon to review these items and arrange for the necessary repair work. , Thank you in advance for your assistance with this matter, Sincerely, 1/ Chad C. Harvey Complaint Administrator CCH: tlg CC: Mr. Ken Butko NJ Department of Community Affairs Bureau of Homeowner's Protection Sent Via Fa.x: (609) 984-7954 Mr. Rick Wilson Presidential Hill, LLC 2 Madison Avenue Pennington.. NJ 08534 Sent Via Fax: (609) 737-6402 ., 0 ~ 0 ~ ~. 0 c: = ~ ...., ~ = ;I> g '" c: 0 g. 0 0 ~ 0 ;s: s < o (;. 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['- en o o n.J o ~ QUALITY BUILDERS \V ARRANTY CORPORA TION 325 N, Second Street, Wormleysburg, PA 17043 telephone: 717 737-2522 fax: 717737-4288 May 22, 2003 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington., NJ 08534 RE: Enrollment # 255674 Effective Date: 08-OJ-OI Dear Mr. & Mrs. Santos: Please find enclosed with this letter a check in the amount of $500. This check is for the amount of the arbitration fee for the Compliance Arbitration that you previously forwarded to Construction Arbitration Services, Inc. (CAS). Since thirteen of the items on the Compliance Arbitration listing were deemed to require correction, the $500 Arbitration fee is being refunded to you. Sincerely, #- Chad C. Harvey Complaint Administrator CCH: fig i;UN 12 ~ Construction Arbitration Services, Inc. June 3, 2003 Mr. & Mrs. Fernando Santos 15 Cheyenne Drive Pennington, NJ 08534 Presidential Hill, LLC 2 Madison Avenue Pennington, NJ 08534 RE: CAS File # 03-431 QBW File # 0255674 Dear Parties: Please find enclosed the arbitrator's response to the Homeowner's: request for Modification and/or Clarification of items in the award rendered in the above referenced case. As to item # lOO, unfinished window-trim on outside, Arbitrator Stephan Rapp stated that the Builder has not done corrective work necessary to bring the defect into compliiance with the warranty, We hope this is of some assistance to you. Yoursv~~uJJ~ ~Orthcutt - ~t.t:nnistrator cc: Chad C. Harvey, QBW Stephen Rapp Exhibit B 46 2777 Stemmons Freeway' Suite 1452' Dallas. Texas 75207 . (214) 638-2700' Fax (214) 638-4054 d.. co vi> - /0"2. SEP 1 g 200a FACSIMILE TRANSMITTAL SHEET Mr. John A. Gill, Esquire General Counsel FROM: JulU Santos TO: COMPANY' Quality Builders Warranty DATE: 09/15/03 FAX NUMBER: TOTAL NO. OF PAGES INCLt.:DING COVER: 717-737-4288 22 717-737-2522 SENDER'S REFERENCE NUMBER: CAS File# 02-3081 PHONE NCMBER: RE: YOUR REFERENCE NUMBER: Bid Proposals QBW File # 0255674 o URGENT 0 FOR REVIEW o PLEASE COMMENT X PLEASE REPLY o PLEASE RECYCLE Dear Mr. Gill, Enclosed is the letter, Bid Proposal Analysis Worksheet and supporting documentation for your review and response. Please call me with any questions. Looking forward to speaking to you very soon. Thank you. ulia V. Santos 609-730-3476 Exhibit B 47 September J 5, 2003 SENT VIA FAX (717-737-4288) and Certified MaiJ Fernando & Julia Santos J 5 Cheyenne Drive Pennington, NJ 08534 Mr. John A. Gill, Esquire General Counsel Quality Builders Warranty 325 North 2nd Street W ormleysburg, P A J 7043 Re: QBW Enrollment # 255674 CAS FiJe# 02-3081 Builder: PresidentiaJ Hill, LLC Dear Mr. Gill: Based on my August 8, 2003 letter, you are aware that we have been in the process of obtaining cost estimates for the items in question. PJease note that we have fmally obtained three quotes, after numerous phone calls and countless contractors' appointments, for the items that we are not in agreement with, as per QBW's monetary settJement, Aluta's proposal attached. In my attempt to simplify this process, I've prepared a Bid ProposaJs Analysis Worksheet (attached) outlining the items and Method of Repair awarded along with QBW's proposal and the three additional bids obtained. 1 also attached invoices/supporting documentation where applicabJe for your reference. Please note, however, 1 did not include monetary damages for time lost from work due to no-shows from the l1uiJder and architect's fees. Prior to obtaining the three quotes, all generaJ contractors, recommended to us by our Township construction officiaJs, requested a letter from a certified structural engineer commenting on the structural soundness of the home, specifically as it reJated to item #59, I've attached Raval Engineering Company's Jetter for your reference. Please note that only the first item pertains to our current claim with QBW. The second item will be referenced in our notice to QBW of Major Structural defects, which will be forthcoming. During our quest to obtain the required estimates, I also made many attempts to contact your contractor AJuta Roofmg & Chimney Repair, per my August 8, 2003 letter. I attempted to contact AJuta Roofmg at the business number (61O-759-J835) but the number was not in service. I then placed five separate voice messages on Mr. Farnack's personal number (610-759- 2930) between August 7th - August J2tb and still no response. 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ROOFING aeNEAAL CONTRACTOR i_i.: 'I- ~ I' ~u 11--''::';';'::; oVr,('",,--:I'1 I . ....,.'-.:~ DUIIC1' DI!S~.I"'let.I SiSII1 ,O.,K1.2 Ger. Cl~ "'P wind_ '......_11......... ,.pl_lh. "'indllW S 1,800.00 2 Oefeclll3 Foy.r Circl' top ..i~do'N Ir.me i. brolutn. rep\lCe the wInd_ S , ,000.00 3 o..ect"3 it'olttn WllIaaw 1111 In 1I0Y" room- r.,laeo 1M winaOW S 900.00 Girll _m: ",avy "",~in8. POI' W.lli'eft .Arellitaoll - YuvII WeIlIllOl\. cIeIIClllllCy il OUI ID poor (ramm" Not 1 I"tcldinll isSUe. Con1IO\IVt action. wnich .. 10 rollolild -'end "dO framina. IS n"l f..sible wllnoul CClnlll~on 10 Htitlv , HI BOCA IIIlli_1 &ulldilllJ CClde ChapWr 16, Soclion '804,5.4, w.ailcll ArchllKU nolelllll' collar 1_ muS1ll11 pllKoDd in alllc: 10 .,,"tel ,.,..ra In ord.r llll'llliev. 10m. 01 '" ,_re the! I. ceUS" by 1h8ll11l1iltrl on lhe roof . cefec:t' Sf! \IIefWlly _ling _. 0'" \he ".,lIng.. I 2,500.0\1 Oirlinll room; w~ eaaine- Buld had8t IIId fillle" wIlt1 moldinlllo 5 0,181:I' 79 ClOllnelOl .mUng moldin, 10 rlpllirad ..... tllen IpICkle end p.nl $ , ,200.00 Oeck8liclw door broklJland dOlI no! run smclolllly (eacunly loci 6 Oefect if '03 anO 10_ hlndll) - r.p1.;e I~. ,nlira tlldlrlg door unM. a.._ Note: lilt 0_ ..... .....dy llIIon reolllcad ....., M1jultmenllD lIle ,... ""II .hwld llr"'V Ihis ....10 _plianD8 7 OelKl' & OaI'llV- well ha wolle.' .uMing lI_n iI- "'Cllllr is to caulk roe! velley See III Septic lank pip.. fdlld with dirt end rc;b- .Ifeeled pip.. will be 8 Oe18c;IIU I:lClInud Q\jl. See N8 9 I;leflllll U7 InlilGe trim ml......; ftom foyer wlnll""'- ral'lir and inotall th. trim NOTE: The ..pslr COlt fer 1II11 111m inc;ludll deledl '103, 6. '3,67 ."d 117 S 300.00 '0 OwIMIll 102 l<ilcl1an hall jg deck h.. In Il"'_~ """" ...nh a bump t/ld ~ Cl'lCIl- f\aOr ,hollld III ..ndlld _nc1 ftnlshed S 800.00 11 OtIleat'11t! Cracked llranite n'.. kltctlen .i~k.l~a re~lr lnvclwd all epoxy or "'1 joinl S 700.00 '30.,1lCl.120 w..., drlpplnv doWn !h. ;\Iirnn.~imney OlD Ihould be ;aullled G. betwe'" windOlll end trim In ki1elltn Ind;iri'a room. \I-pi ahovltl ~ CII...tktcl $" 1#9 12 0IlICt1 117 SMlIG ~";e 1 TOTPoL P.<l:l Received Jul-D7-Dl 01 :47om From-717 717 4Z88 To-GLOBAL STRATEGIC OUT Pa.e DZ -L.JL-i2i7-2003 01-"--- l~;~'::::' .l....., I ..;:.Uii........C;"\.;:; Wr"1I"\,-";;',"'"lI'l1 , ,_. -.<-..:.'- ,...... ..ROOfING GiNENoL CON'l'RACTOR unlinilMll..1nclOW . lrim Oil oUlSid. . per NllIlIln-WllSll."d a~~ding lnapecw. In.tallelion of . doUble i\ullg wlllclClW willi' polt or , one wlndow willi . 'aGlOry In,'-ad mullion would "pIIr \tI. defioieney'. CUlft/ltly tile windoW. .. noll8liO,,1II willi 1118 mullion ItII"fllrt ilia rllllW.- lI'"la unaatllle sicline ..nd 1IlI1MIlIIIIIV roll \he wOOd. AlIGlllOn8llJ. _ 01 tile .ieli", '"~ be r.'ICll4 Vlith \tie COII'8CI 1. o.f8cl' 1 DO styl. of tiding uHCI uuouellOUI \I1e onlirtlllouae. S IlOO.CO SUBTOTAL S 10.5S0.00 PLUS 10,," EXPENI.S .,.,..veL. S 1.0&0.00 8I&TO'&I. 111.11000 By: ~~..~.q Irr rnaCk 6-3~-c>3 DatI! p.~ Received Jul-07-03 01 :47pm From-717 737 4288 To-GLOBAL STRATEGIC OUT TOTAL P.12I3 Pa,e 03 ~ Raval Engineering Company, LLC Consulting Structural Engineers Princeton Windsor Office Park BuiJding I, Second Floor 379 Princeton - Hightstown Road Cranbury, NJ 08512 Telephone: (609) 443-6400 Fax: (609) 443.5998 Page 1 of2 August 19, 2003 Mr. & Mrs. Fernando Santos IS Cheyenne Drive Pennington, NJ 08534 Re: REC Project # 2003-73 Inspection of Roof & Floor Beams in One Family Dwelling at IS Cheyenne Drive Pennington, NJ 08534 Dear Mr. & Mrs. Santos: As requested by you, I visited your house on last Friday, August IS, 2003 and met with you. The purpose of my visit was to observe and assess, from the point of view of a structural engineer, sloping ceiling of a second floor bedroom at front of the house and also sloping floor in the ftrst floor dining room area. The following are my observations and comments regarding the subject. I. Second Floor Bed Room Ceiling: I observed that parts of ceiling is sagging and looks unsightly. Upon going into the attic area, I observed that a beam made up oftbree (3) l%" x 9\1," parralam (or similar) wood members is provided to support parts of roof and attic construction. This beam has deflected thus causing sag in the ceiling below. My calculations revealed that this beam under full dead + live load conditions will be over stressed and the live load deflection will exceed the code specifted limit of span / 360. This condition is both aesthetically and structurally unacceptable and must be rectifted. 2. Excessive Slope in First Floor Construction Near Dining Room Area: I observed that the dining room floor has an excessive (as much as 2") slope. I also observed similar slope in an archway between the dining room area and kitchen. Upon examination of the ftrst floor construction from the basement below, I observed that this area of the house is supported by a wood girder made up of(3) 2xl2 and spanning a distance of approximately 15'-6". My calculations revealed that this girder under full dead + live load conditions will be overstressed as much as 50%, and the live load deflection, will exceed the code specifted limit of span / 360. Not only this condition is aesthetically and structurally unacceptable, but also it is potentially unsafe. It requires immediate rectiftcation. My review of the architectural drawings used in construction of the house revealed that a post at midspan was specifted under the wood girder in question but was, apparently, never installed. Before permanent repair measures can be implemented, I called you and asked you to install two (2) adjustable type pipe posts at midspan of this girder. The permanent repairs may be as follows: ~ Raval Engineering Company, LLC Consulting Structural Engineers Princeton Windsor Office Park Building J, Second Floor 379 Princeton - Hightstown Road Cranbmy, NJ 08512 Telephone: (609) 443-6400 Fax: (609) 443-5998 Page 2 012 Re: REC Project # 2003-73 Inspection of Roof & Floor Beams in One Family Dwelling at 15 Cheyenne Drive Pennington, NJ 08534 a. Provide a new steel pipe or tube post supported by a new reinforced concrete footing at midspan of the girder. b. In order to minimize sag in the fust floor construction, it will be necessary to jack-up the wood girder. I caution you, however, that the jacking up procedure will produce numerous cracks in walls and ceiling surfaces above. I am enclosing some photographs of the conditions observed by me during my visit to your house. I trust the above information is useful to you and to ail other concerned parties. Very truly yours, Mahendra N. P. E. Managing Member RA V AL ENGINEERING COMPANY, LLC MR/hp Enclosure ~ Raval Engineering Company, LLC Consulting Structural Engineers Project No.: Project Name: 2003-73 Sheet No.: 1 of 4 The Santos House at 15 Cheyenne Drive, Pennington, NJ 08534 379 Princeton - Hightstown Road, Bldg 1. Cranbury, NJ 08512 By: MR Photo Date: 08-15-2003 0) f:.c--kft.. L/ If:t.-J OF H-l/V f", o ~N1 L1/(--L.} tJf- /+vl/fl.;-- ct::{ UN tj 110m IN -rm~ II EO ~1Jn HAt DYL{;-(,-1~ CA-'U S I M- ~ f.4c; IN e..e-IL/&.i. c;:- ~ Raval Engineering Company, LLC Consulting Structural Engineers Project Name: Project No.: 2003-73 Sheet No.: 2 of 4 The Santos House at 15 Cheyenne Drive PennlnQton, NJ 08534 ' 379 Princeton - Hightstown Road, Bldg 1. Cranbury, NJ 08512 By: MR Photo Date: 08-15-2003 CD CAt" t1:- IS No7' P{Z.rJ)/fUf:{) A1 -tins {'Of-r G 7'l-hl (1? 'Z-X I'L &OuO L) IfL{JE-Il... l.s cJVl]l.S7'IlMJ~ /rN 0 I-+7f-j P (--FL E-c -t C:-{) r- CIJn:; S I H.1 l' f\-t; IN f1l1-J1 FL~ ~ Raval Engineering Company, LLC Consulting Structural Engineers Project Name: Project No.: 379 Princeton - Hightstown Road, Bldg 1. Cranbury, NJ 08512 By: MR 2003-73 Sheet No.: 3 of 4 The Santos Ho~se at 15 Cheyenne Drive, PenmnQton, NJ 08534 Photo Date: 08-15-2003 o Gu...,. /7k1J~ / N C; (1-iJ(-{L /1'-1 tJ t4J{-t\, -to Lf:v~ -(~ Pf-cfb1\.. !hJ dVl.r @ f] Ai (-f7 b11 Ft--~ UJ441t:J1y {..Jffl:fL-,<- A 1'1 C:u foS'1 ~ fftJV UJ 1J (.- jJ L'1"d. W tANH /t IH-1.-J p-vlJ -71 t-J. ') . ~ Raval Engineering Company, LLC Consulting Structural Engineers Project Name: Project No.: 2003-73 Sheet No.: 4 of 4 The Santos Ho~se at 15 Cheyenne Drive, Penmngton, NJ 08534 379 Princeton - Hightstown Road, Bldg 1. Cranbury, NJ 08512 By: MR I I II Photo Date: 08-15-2003 o /'7/! en vi ("'l..J CJf- f{/n(--j'7(.--1'f'r ~JYt-c ~ FLtY7srL ..J"lf,t) 10 olld !nO ~Iom lVS010-0! SBBSBI>I>B09.WOJ. WdBl:ZI BO-SI-dOS PO^!oooij ~ Raval Engineering Cornpany, LLC Consulting Structural Engineers PrinectOn Windsor omce Park Building 1, Secon<l Floor 379 Prin~n" BJ.ght~ Road Cratlbury, NJ 08512 Telopbomo; (609) <Ll3.6400 PlIO<, (609) 443-5998 Pilge 1 of1 August 19, 2003 Mr. &; Mrs. Fernando Santos ] 5 Cheyenne Drive Pennington, NJ 08534 Re: REe Project # 2003-73 Inspection of Roof & Floor Beams in One Family Dwelling at 15 Cheyenne Drive Pennington, NJ 08534 INVOICE # 2003-73-1 : FOR PROFESSIONAL SERVICES (to date): ------------------------------------------- $ 600.00 Visit to house, report with photographs. Thank you. Terms: Net 30 days PAID BY CHECK 8- I 9-2003 ~ ---==--- - -----..... td WdSt:tt ~00c St odas -- 6u~~aau~6u3 le^ea WOq~ 866S~vv609 : 'ON XI:l.:J . PROPOSAL Walter Korl'llsinski / 7 Johnson Road Lawrenceville, NJ. 08648-3706 Tel. (609) 883-1507, (609) 924-3212 Fax: (609) 530-1383 www.wkconstruction.com Date: Sept 9/2003 Proposal submitted to: Julia & Fernando Santos J 5 Cheyenne dr Hopewell, NJ Home # 609-8 J 8-0697 We hereby submit specifications and estimates for the following repairs. Front bedroom second floor (Girls room) waivy ceiling visible to the eye, Remove existing roof shingles sheating rafters and ceilling beams, above front bedroom of the house. Remove main header above paladium window make neccessary repairs as needed. Reinstall new header ceilling beams rafters roof sheating and new roof shingles. Install new sheatrock, spackle (3 coats), prime and paint. Total cost labor and material........................................................ ($48,980.00) Dining room ceiling area remove sheat rock and header beam shim out ceiling beams hallway area to dining room, Reinstall sheatrock, speckle, and paint as necessary. Total cost labor and material........................................................ ($3,850.00) Kitchen area, remove existing hardwood floor and sub floor, level off the main beam across kitchen area to meet floor beams. Reinstall new subfloor new hardwood floor kitchen area only, ( there is a chance that the new kitchen floor will not match ex.issting hallway floor) Owner will chose the color to match) Total cost for labor and material................................................... ($ 12,900,00) Water running down garage wall. Remove roofmg shingle along the garage wall, built a small cricket on button where main entrance bumps out, install proper flashing and cut in counter flashing. Total cost labor and material........................................................ ($1375.00) Fireplace chimney is leaning badly on top of the roof. Needs to be taken down reframed, resided and new chimney cap put on. There is a small leak now the concern is that is may fall on top of the roof and do some serious damage. , Total cost for a new chimney labor and material.......................... ($3,850.00) New trim needs to be installed around window and gaps caulked in kitchen and girls room. Total cost labor and material........................................................ ($650.00) Siding needs to be replaced on garage side wall, few peaces were installed in different profile duthclap and siding on the main house is Double 4. The is a good probability the color has faded and it will not match. If that side needs to be replaced the total cost for labor and material will be $1,600. Total cost labor and material........................................................ ($395.00) Granite near kitchen sink is chipped on both side of the joint, remove granite cut and polish both sides level out the cabinets reinstall granite. Total cost labor and material........................................................ ($J,650.00) All debris associated with this job will be removed from the property. All work to be completed in a workmanlike manner according to standard practices. Any alternations or deviations from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, wind damage and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Pa)11lents will be made as outlined above. Signature,.......... .........,."..........,........... Date of Acceptance.................................. J.M. HAYES CARPENTRY, Inc. 6 Douglas Street Lambertville, NJ 08530 Phone: 609-397-8483 Fax: 609-397-5778 IFIBl(Q)IF(Q)~IL Date: September 7. 2003 Page I af3 TO: Mrs. Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 DESCRIPTION AMOUNT Item #59 Remove top main roof rafters, roof shingles, roof sheathing; remove improperly-sized L VL paralam, re-frame, re-sheath, re-roof, re-drywall ceiling; install mechanical fasteners, drywall finish, paint as required Construction permits: 1,000 Dumpster fees: l,300 Construction materials: 6,875 Construction labor: 19,050 Electrician: l,750 Painting: l,200 Landscaping remediation: 2,500 Roofing: 3.700 TOTAL $ 37,375 Item #6 Fabricate copper cricket on inside comer; install deflector on top of gutter $ 785 Item #117 Re-caulk and seal chimney metal cap $ 265 Item #120 Re-trim interior casings Materials: l56 Labor: 685 Painter's services: 468 TOTAL $ 1,309 > J.M. HAYES CARPENTRY, Inc. 6 Douglas Street Lambertville, NJ 08530 Phone: 609-397-8483 Fax: 609-397-5778 JPIffi(Q)JP(Q)~JL Date: Sunday, September 07, 2003 Page 1 o!3 TO: Mrs. Julia Santos 15 Cheyenne Drive Pennington, NJ 08534 DESCRIPTION AMOUNT Item #116 Replace granite top, remove and re-level base cabinets for new granite top installation Granite: 5,392 Carpenter: 1,685 Plumber: 478 Electrician: 686 Tile installer: 985 Dumpster fee: 328 TOTAL $ 9,554 Item #79 Remove drywall ceiling, straighten framing drywall and drywall finish; trim and paint Dumpster fee: 200 Materials: 485 Labor: 3,275 Electrician: 585 Painter: 1.675 TOTAL $ 6,220 Item #100 Remove vinyl siding, replace with new siding Dumpster fee: 100 Materials: 85 Labor: 225 TOTAL $ 410 J.M. HAYES CARPENTRY, Inc. 6 Douglas Street Lambertville, NJ 08530 Phone: 609-397-8483 Fax: 609-397-5778 JPIRlCQ)JPCQ)~IL Date: Sunday, September 07, 2003 Page3 of 3 TO: Mrs. Julia Santos l5 Cheyenne Drive Pennington, NJ 08534 DESCRIPTION AMOUNT Item #102 Remove flooring, remediate sub floor, install new flooring; disconnect and remove major kitchen appliances Reconnect: Remove flooring: Install flooring: Plumber: Electrician: TOTAL 244 720 2,475 395 240 $ 4,074 General Notes: . A Certificate of Insurance will be provided prior to starting work. . All labor costs subject to 6% NJ sales tax where applicable. . Due 'to unforeseen price increases on materials, this proposal is valid for a period of thirty (30) days. Payment Schedule: To be determined. Acceptance of Proposal: Sign both copies; return original to above address. Note: Please do not forward first payment until you receive an invoice from us, Work will be scheduled after receipt of this signed contract. Signature Date Robert G. Jones Restorations 1 York Street Lambertville, NJ 08530 (609) 397-8923 (609) 397-7440 Fax Estimate Date Estimate # 9/15/2003 31 Name I Address i Julia Santos 15 Cheyenne Drive . Pennington. NJ Project Description Total i 59. Girl's Room - Wavy ceiling - Remove existing shingles and framing I Rebuild roof, rebuild framing to correct sagging in the ceilings 79, Dining Wavy Ceiling at hallway to kitchen Removing existing sheetrock. straighten joist where needed, reploce sheetrock, spackle paint and replace new moldings 100, Unfinished window - aluminum siding(vinyl siding) Remove siding install correct vinyl to match the rest of the house 102. Uneven floor Remove existing oak flooring and sub floor, plane joist, replace sub floor and oak flooring. Sand an finish entire floor 6. Water going into garage 'Remove shingles off the garage, Install copper flashing, replace new shingles 13. Septic Tanks - not included in the estimate 117. Water dripping down chimney Remove stack, install correct flashing on top of chimney 120. Gaps between windows and trim in girl's room Reset 2 windows - Remove vinyl siding, remove existing window. reinstoll windows ond vinyl siding 116. Cracked granite near kitchen sink Remove existing counters and base cobinets, install base cabinets correctly(level) instoll repaired granite counter top, repair tile backslash where needed 42,000.00 7.500.00 475.00 3.400,00 5,200.00 1,250.00 1,900,00 14,800.00 Total $76,525.00 Signature Ql-_-\LIT)- BtILDER5 \V_-\RR~-\.~T-Y CORPORA TION 325 N. Second Street, Wormleysburg, PA 17043 telephone: 717737-2522 fax: 717 737-4288 September 19, 2003 SENT VIA FAX (609) 737-2323 Mr. Rick Wilson Presidential HilL LLC 2 Madison A venue Pennington. NJ 08534 RE: Emollment # 255674 Effective Date: 08/0l/0l Mr. & Mrs_ Fernando Santos, l5 Cheyenne Drive, Pennington. NJ 08534 Dear Mr. Wilson: For your information, I am enclosing a packet received from the homeowners containing the bid proposals that they received in connection with the arbitration hearing in the above matter. Naturally, we do not agree with the amounts set forth in their proposals, but I thought the information should be forwarded to you to keep you abreast of the situation since you will be ultimately responsible for the final cost to resolve this issue. Sincerely, ilL Esquire General Counsel JAG:jlt Exhibit B 48 -2 :..;.(,~ ~ -~;.> '-- PA PE Lie. #011520-E JOHN E. HALBING. P.lE. Professional Engineer 1 5 WEST Cfu'ITER STREET NAZARETH. PA 18064-2002 phone: 610-759-6646 fax: 610-759-6649 e-mail: desi!mlion@enter.net NJ PE Lie. #21496 MO PE Lie. #9476 DE PE Lie. #4646 O""T 2 .. '}iY(~ v..,. .'."-" OH PE Lic. #38632 INSPECTION REPORT REPORT DATE: TO: SUBJECT OF INSPECTION: October 20, 2003 John A. Gill, Esq., General Counsel Quality Builders Warranty Corp. 325 N. Second Street Wormleysburg, PAl 7043 15 Cheyenne Dr., Pennington, NJ, MIM Santos, owners ENR# BUILDER OR DEVELOPER: INSPECTION DATE(S): EXHIBITS TO THIS REPORT: October 15, 2003 One page drawing One page offour (4) photographs Mr. and Mrs. Santos & Mr. Gill PRESENT DURING INSPECTION: The primary purpose of the inspection was to examine conditions relative to a sag in the ceiling of the front second floor bedroom. The drawing depicts a section view, looking toward the front of the house, along with two detail views, enlarged for clarity. The photographs show conditions in the attic space above the subject bedroom: photo #l is a view of the main house rafters supported by a 5-1/4" X 9-1/2" Microlam beam at the location of the ceiling sag and the reverse-A roof beyond; photo #2 is a closer view of the beam; photo #3 is a general view of the same area; and, photo #4 is a view of the front exterior of the house. The beam supports not only the main roof rafters, but ceiling joists anchored to both sides of the beam. There are three conditions to be addressed. The fust is to provide proper support to each of the main rafters notched with a reversed "bird' s mouth" at the Microlam beam. The "Hanger Detail Rafter To Beam" detail on the drawing shows a Simpson brand adjustable rafter hanger to be installed at each rafter-beam connection. It is recommended that the rafter be clamped prior to tightly installing the hanger, to close any gap in a rafter split. This work is to be done fust, before the work outlined below. The second is to remove as much as possible of the sag and/or out-of-Ievel condition in the Microlam beam and ceiling. The suggested corrective work is as follows and is to be performed in the order given: I. Construct the framing shown as dashed lines in the drawing section view, including fulllengtb 2x8 "sisters" on each side of the reverse-A roof rafters closest to the position of the Microlam beam, a lower 2x8 horizontal tie beam (leaving about a 3" space above the Microlam), an upper 2x8 tie, and a double 2x4 tension member, with blocking and through-bolting as shown and as required. 2. Remove ceiling drywall under the beam location as necessary to expose the framing. 3. With adequate support, proceed to gradually jack the beam up in increments of v..". This procedure should be monitored by the undersigned to minimize or avoid effects on other conditions, such as roofing, by over jacking. 4. When the beam has been jacked up to the maximum height possible, hardwood or metal shims should be placed in any resulting gaps under the beam ends at bearing walls, if possible. 1. Exhibit B 49 QBW Report - Santos October 20, 2003 Page Two 5. Install the Simpson # ST-22 strap ties (or equal), one on each side of the horizontal2x8 tie beam to each corresponding side of the Microlam beam, in four places, using l6d nails, and per Simpson specifications. The locations shown on the drawing are approximate, to be determined by accessibility and joist locations. The third is to install a new ceiling. Remove additional ceiling drywall as necessary so that a new drywall ceiling can be constructed, using joist "sisters" or furring strips, or some other method to adequately support the drywall, using appropriate screw fastening. Repair any damaged or opened drywall on walls. Tape, spackle, apply primer-sealer and finish paint. This report, which includes any exhibits listed above, contains infonnation and opinions concerning materials and conditions observed and examined by the undetsigned. Only visual observations and measurements were employed in the subject inspection and no physical testing of materials was perlonned. The corrective measures referred to above are based upon general construction practices and upon the experience of the undelSigned. All statements contained in this report, including any stated professional opinions, are not intended to serve as a guarantee 0' warranty of any kind. r---~.. ~ ~ Sillmutted b)': '\ )-5 ~/- JohU E. Halbing;P.E. 2. EXISTING 2 X 10 RAFTERS, , 2 X S TIE, BOTH SIDES OF SISTERED RAFTERS '" " '~.~'~, . ~ ' , / , /"'-.h.. ,~ / ' /'.'/ ",1 ". ~~, , ~5<.' )/-;- -",. .)~. 3/S"THRU BOLTS "'. ,~/ XI I L~ .'~ LOCATIONS & PATTERN ~ . / I ' "', / AS SHOWN . / /' ., ""./," ,,;/ . / I '" j::: '. rl ~ ,. " (2) 2 X 4 TENSION MEMBER WITH 2 X 4 BLOCK BE1WEEN / AT UPPER & LOWER . HORIZONTAL COLLAR TIES & (1) 2X4XS" BLOCK AT MID-POINT 2 X S "SISTER", EACH SIDE OF RAFTER BOTH SIDES OF ROOF, AT RAFTER CLOSEST TO MICROLAM POSITION " , , 2 X 8 TIE, BOTH SIDES OF SISTERED RAFTERS WITH (3) 2 X 4 BLOCKING 1W0 PLACES / ///J. . . //0/ --v: - />-" yf- - ~. 11 1',.1 '" "+ '" "" MAIN ROOF RAFTERS />( SIMPSON # LSSU 210~~ iA1 1.1 AT EACH RAFTER " I . , , "'.. 5-1/4" X 9-112" MICROLAM ..J -10:-- .... .... (8) SIMPSON # ST-22 STRAP TIES, 2 EA. SIDE, IN APPROX. LOCATIONS AS SHOWN, CLEAR OF JOISTS, 16d NAILS PER SIMPSON SPECS. HANGER DETAIL RAFTER TO BEAM SECOND FLOOR BEDROOM SECOND FLOOR BATH RAFTER ----c; l I , , RAFTER "SISTERS" I f u 2X4BLOCK. VERTICAL 2 X 4 TENSION MEMBERS HORIZONTAL TIE MEMBERS u FIRST FLOOR - DINING ROOM I I J ARRANGEMENT OF RAFTER .SISTERS", HORIZONTAL TIES, TENSION MEMBERS I REFER TO WRITTEN REPORT I I FOR SEQUENCE OF WORK SCHEMATIC SECTION (VIEW TOWARD FRONT OF HOUSE) AND DETAILS SANTOS, PENNINGTON, NJ NOTTOSCALE JEH 10120I1)3 .c .c ell ell .~ .~ (') (') 0 0 -- -- It) '1 It) ...... ...... -- ............, -- 0 0 ...... ...... ., ., z z c: c: 0 0 ..... ..... Cl "- Cl c: c: c: c: c: c: ell ell a.. ,. a.. J 1Il 1Il 0 0 ..... ~ ..... c: c: Cll .---L Cll (/') (/') 'V N ~ ~ r \ h. \ oJ .c .c ell ell .~ .~ (') (') 0 0 -- -- It) It) ...... ...... -- -- 0 0 ...... ...... ., ., z z c: c: 0 0 ..... ..... Cl Cl c: c: c: c: c: c: ell ell a.. a.. 1Il 1Il 0 0 ..... ..... c: c: rc Cll (/') (/') (') ...... ~ ~ J.l,",.. .Ii.. ~'.'-' _ n."., ....,;, j~ JOHN lE. HALBING, P.lE. Registered Professional Engineer 15 WEST CENTER: STREET NAZARETH. PA 1$064,-2002 phone: 610-759-6646 fax: 610-759-6649 INVOICE FOR PROFESSIONAL SERVICES December 12, 2003 TO: Mr. John A. Gill, Esq., General Counsel Quality Builders Warranty Corp. 325 N. Second Street Wormleysburg, PA l7043 FOR: Insnection - renair sunervision: Santos. Penninlrton. NJ. 12/12/03: 2.50 hours total inspection/measuring time 0.00 hours drafting/sketch/estimating time 0.00 hours engineering, design, calculations, etc. 2.5 hours total travel & miscellaneous time 0.00 hours computer/CAD/printing time 0.00 hours preparation offinaI notes/report, etc. 0.00 hour court appearance as expert witness: miscellaneous reimbursable printing or plotting costs: reimbursable mileage/travel expense: 1 l8.8 miles @ $0.365: other reimbursable expenses: Bridge tolls: reimbursable mailing/shipping costs: reimbursable photo & printing costs: 5-stage new construction inspections & reports @ $50.00 per hour: @ $35.00 per hour: @ $50.00 per hour: @ $20.00 per hour: @ $40.00 per hour: @ $30.00 per hour: @ $50.00 per hour: $ l25.00 0.00 0.00 50.00 0.00 0.00 0.00 0.00 0.00 43.36 0.75 0.00 0.00 0.00 1 page of 5 photos @ $5.00: (N/C) @ $500.00 residential flat rate: $ TOTAL AMOUNT DUE: $ 218.36 Respectfully submitted., '--- ~ ~4("..-=> John E. Halbing, . . end: one page of five photographs Exhibit B 50 #1 Santos 12/12/03 jeh bracing in attic _L #3 Santos 12/12/03 jeh b.r. beam before shim #5 Santos 12/12/03 jeh siding near garage #2 Santos 12/12/03 jeh bracing, close-up #4 Santos 12/12/03 jeh b.r. beam, 1/8" shim <,Ii , /e 7/(/~ ?<?pA'$/ {)Pd,!li.f ;::;."p. /5 "1/-:;7";:'# ~:"I'" '~ "u,/ ,7",,9/K//?f' ~/ ~fif' (t?c;p,l/lJ' /# .:? ?"~5" :r,H,J /4/-'Z-J.) AlF.t7" /P "';,,4iI',,44";') Santos, Pennington, NJ 12/12/03 JEH .---" ......, , " " c_ ....0. ~~_ \ ----.I. ~:~ --: o ~ .- '\ ",., ~~7; () ..t.;..- -;1 ~:: '-/ =C_ 1'1\__:" -'1in ::!j t:J ~0~) ,f?$ -;;...; ---.:' ~~:;: .,',C" ---,.J ,"\.) W ':~J . ' QUALITY BUILDERS WARRANTY CORPORATION, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 03-2442 CIVIL TERM PRESIDENTIAL HILL, LLC, MATTHEW R. WILSON afkla Rick Wilson, : CIVIL ACTION - LAW Defendants PETITION FOR CONTINUANCE To The Honorable J. Wesley Oler, Jr.: AND NOW COMES Defendants, Presidential Hill, LLC and Matthew R. Wilson, by and through their counsel, Law Offices of Craig A. Diehl, and respectfully present this petition for continuance of the oral argument scheduled for May 20, 2004, setting forth the following reasons and facts relied upon to justify a continuance: 1. Defendants filed a Petition to Strike and/or Open Confessed Judgment on or about February 27, 2004. 2. Pursuant to an Order of Court dated March 3, 2004, argument on the Petition is to occur on May 20, 2004. 3, Plaintiff filed a Reply to Defendants' Petition on or about March 23,2004. 4, On or about March 23,2004, counsel for PlaintiiI contacted counsel for Defendants to schedule the deposition of a representative of Presidential Hill, LLC. 1 . ' . ' 5, Counsel for Defendants is also a Certified Public Accountant and informed Plaintiff's counsel that any depositions would need to occur subsequent to April 15, 2004. 6. Counsel for Plaintiff is on vacation or out of town from April 19 through April 23, 2004. 7, Counsel for Defendants is scheduled to be on a family vacation from Sunday, May l6, 2004 until Thursday, May 20, 2004, and has already purchased airline tickets. 8. Counsel for Defendants has sought the concurrence of opposing counsel, however, he is out of the office this week. 9, This is the first request for a continuance. WHEREFORE, Defendants, Presidential Hill, LLC and Matthew R. Wilson, respectfully request that this Honorable Court grant a continuance of the argument date and extend the period for conducting any depositions. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: April 22, 2004 By: (' ~,'1ft0i ~eh1, Esquire Attorney ID No. 5280l 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendants 2 '-," . , ~ -u'!i- nlt~ ~.~;r~l t,j'\- -<::,,': t:;:(j "b; <=":;ooC' ~C~ )>C Z ~ ...., = = """" :1>0 ""1:) :::e N ...... !:j:l ~11. ~ 5 ~ " :JC CtJ C) .&- QUALITY BUILDERS WARRANTY CORPORATION, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PRESIDENTIAL HILLS, LLC., MATTHEW R. WILSON aIkIa RICK WILSON, Individually, Defendants NO, 03-2442 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of May, 2004, upon consideration of Defendants' Petition for Continuance, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 5 days of the date ofthis order. BY THE COURT, !Lb~ esley Oler, Jr., John A. Gill, Esq. 325 N. Second Street Wormleysburg, PA 17043 Attorney for Plaintiff Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011-4436 Attorney for Defendants ~~ /J. -' ~-'_ O'l.os' /J'h.~ Q~. \iiNv'1\1A8;'~N]d A1NilO') (1:; t):J;:Wino SO:8 Hd 8- AVW~nOl AbVJ.ONOH.lOtid 3H.l. :lO 381:HQ-Q31I:l QUALITY BUILDERS WARRANTY CORPORATION Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-2442 CIVIL TERM PRESIDENTIAL HILL, LLC, MATHEW R. WILSON aJk/a Rick Wilson, Individually, Defendants : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this A day of May, 2004, upon consideration of stipulation of the parties it is ordered that: 1. The argument set forth for Thursday, May 20, 2004, at 2:30 PM in Courtroom No.1, Cwnberland County Courthouse, Carlisle, Pennsylvania, is continued and rescheduled for ~ /~ .,)OO'-{ a;f,;J'<{.5;? /11. I 2. Briefs in support of the Petition to Strike and/or Open Confessed Judgement be submitted on or before May 13, 2004. 3. The time set forth for depositions to completed shall not be enlarged and the parties are to submit their briefs on the existing record. BY THE COURT D~ tf\\' o z. \ j esley Oler, Jr., J. ~ ~J ~II/~ tf~ --, 'v'\!\}\Jl\ll\S',\\\;'\E~d I 'N~{-n (I'" ,"" .'-'''1<ln'' ~ \\>"),,,' ,,,,,,,,:..,,~,1""':\f ...J 6 I : I Hd I \ ,,\,IW ~nnl },\:!\IlONOH10Ckl 3\11 :\0 38\:J:lQ-G31\:l MAY. 5.20044 1:07PM CRAIG A DIEHL ESQ R9 WAR~ANTY . 717N9-, ~5~88 P .,2(?,31'l34 " .'. :~ Joh" A: Gill Arromey ar Law , :r;.",' .'! :\ II ~ May 5, 2004 I ,', " " Houorable J. Wcst!ey Oler, Jr. Judge ; , I Court HO~e Square :' " , Cariisle, PA 17013 ". ' RE: Quality Bui1dtrs Wanmty ~OI]lOratioa ~ PresideDtilll. Hill, u.c ct. aJ Civil Acticm-Law ' No. 03-2442 Civil Term ,~ Dear ludp Oler: Ii The Def-'ll.1l.ts 1D above caption reQuested a CoDtiDullDcnftbe ~ 4*ie omently schedule for May 20. 2004. ~ partieIl have stipuhded tb4t the ~~f date be 00Dtinucd with the briefing and deposition dealUiMs temabliag imact, in accordanc:e with your Order ofMa1ch 3, 2004. . " , . :' .,1, I've encJosed a form, "Order ofCoprt", in ~e with tI1l1l parties' stipqlatiQIIS. " , Thank you for your assistallCe in 11$ mattef'. Sincmly, ! " ~ . Gill. Esquire Attomcy for Plaintiff Quality Bui1dets Warranty Corporation ',t, , " :1 , ~f , \ JAG:rss Bnc10llUlll 325 North Second Street. 'l\brml...."bun.. Ao.........lu....I" 7-rIlAQ . 1'7'7.., ..~n. ".,.... _ "'. V ''7''', ..".. _00 t. QUALITY BUILDERS WARRANTY CORPORATION, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW PRESIDENTIAL HILLS, LLC., MATTHEW R. WILSON a/k/a RICK WILSON, Individually, Defendants NO. 03-2442 CIVIL TERM IN RE: DEFENDANTS' PETITION TO STRIKE AND/OR OPEN CONFESSED JUDGMENT ORDER OF COURT AND NOW, this 17th day of June, 2004, upon consideration of Defendants' Petition To Strike and/or Open Confessed Judgment, and following oral argument held in the chambers of the undersigned judge, it is ordered and diflected as follows: I. Plaintiffs judgment is stricken as it pertains to Defendant Matthew R. Wilson a/k/a Rick Wilson; and 2. In all other respects, Defendants' petition is denied. BY THE COURT, J John A. Gill, Esq. 325 N. Second Street Wormleysburg, PA 17043 Attorney for Plaintiff . Vit\l\/Sl;\S~.l>..1.~Jd I ,,,,,,,,' '" ,. ..-.-, "A('''' i\lJ\i ll.J,; , " ',;' ! "."ji<1 Iv SZ:I lId LI NnnOOZ I\.:HIV"\I!"': ':U-'" , "Hi -10 ALj.._ . .v.l..... 1....10 ::J -- 381:1:10.O3ll:l Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011-4436 Attorney for Defendants ~~ (..11-0c; L;--- QUALITY BUILDERS WARRANTY CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : DOCKET # 03-2442 vs. PRESIDENTIAL HILL, LLC, MATHEW R. WILSON alk/a Rick Wilson, Individually, Defendant : CIVIL ACTION - LAW PRAECIPE To: Prothonotary Please mark the judgement in above captioned Action as "Satisfied". cJ -d- i~o5 DATE B~~~ 10 A. GILL, ESQUIRE Attorney for Plaintiff Quality Builders Warranty Corporation 325 North Second Street Wormleysburg, PA 17043 Attorney J.D. # 41532