HomeMy WebLinkAbout99-05803 (2)"
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NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE,
Plaintiffs
V.
S & A CUSTOM BUILT HOMES,
INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- TPW etc?c
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF SUMMONS
LAW OFFICES
SNELSAKER.
BRENNEMAN
& SPARE
TO THE PROTHONOTARY:
Please issue a Writ of Summons directed to Defendant S & A
Custom Built Homes, Inc. Of 1147 Harrisburg Pike, Carlisle,
Cumberland County, Pennsylvania.
SNELBAKA., ER, BRENNEMAN & SPARE, P. C.
By: e
Richard C. Snelbaker, Esquire
Keith 0. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: September 21, 1999 Attorneys for Plaintiffs
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Commonwealth of Pennsylvania
County of Cumberland
NELSON L. ENTWISTLE AND
ELEANOR L. ENTWISTLE
Court of Common Pleas
va
No. ____99=5803 -Civil -Term ___ 19
S A CUSTOM BUILT HOMES, INC.
1147 HARRISBURG PIKE In ----- CiA1_PsQtlOn-__Law------------------
CARLISLE, PA 17013
To __ S_&_A Custom Built Homes, INc.
- - - - ------------
You are hereby notified that
Nelson L. Entwistle and Eleanor L. Entwistle
----------------------
- - --------------------------------------------------
the Plaintiff ha s commenced an action in ------ CiYjj_AfftjQrL_-:
--------"----------
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
----------- CU.rtiS R,_Long---------------------
Prothonotary
Date ---- 9M9Pbe 21------------ 19_99 Y4 Deputy
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-05803 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ENTWISTLE NELSON L ET AL
VS.
S & A CUSTOM BUILD HOMES INC
BRIAN BARRICK , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon S & A CUSTOM BUILT HOMES INC the
defendant, at 15:28 HOURS, on the 23rd day of September
1999 at 1147 HARRISBURG PIKE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to BRAIN NOLL (SALES ASSOCIATE)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So aerie
Docketing 18.00
Service 3.10 ?
Affidavit .00
Surcharge 8.00 $ R-I omafi s Kane; 5 eri
uSN LBAKER, BRENNEMAN & SPARE
by
Deputy er
Sworn and subscribed befo e me
this 19day of
A-
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NELSON L. ENTWIS"fLli and IN TI IE COURT OF COMMON PLEAS OF
ELEANOR L. EiNfWIS"I'LE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 99-5803 CIVIL
S & A CUSTOM BUILT 1IOMES, :CIVIL ACTION -LAW
INC.' JURY TRIAL DEMANDED
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and filing in writing with a court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the Court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:_ Iii;f"??
Attorneys for Plaintiff
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
A0
A
NELSON L. ENTWISTLE and IN THE: COURT OF COMMON PLEAS OF
ELEANOR L. ENTWISTLE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 99-5803 CIVIL
S & A CUSTOM BUILT HOMES, CIVIL ACTION -LAW
INC., JURY TRIAL DEMANDED
Defendant
COMPLAINT
Plaintiffs Nelson L. Entwistle and Eleanor L. Entwistle, his wife, by their attorneys,
Snelbaker, Brenneman & Spare, P. C. file this Complaint against Defendant S & A Custom Built
Homes, Inc. and in support thereof aver the following:
BACKGROUND
1. Plaintiffs Nelson L. Entwistle and Eleanor L. Entwistle, husband and wife, are adult
individuals residing at 1407 Eldindean Terrace, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendant S & A Custom Built Homes, Inc. is a Pennsylvania business corporation
with an address and place of business located at 1060 Trindle Road, Carlisle, Cumberland
County, Pennsylvania.
3. On or about June 26. 1995 Plaintiff entered into a written contract with Defendant
whereby Defendant agreed, inter alia, to construct a one-story residential house with an exposed
lower level basement on land being purchased by Plaintiffs located in Hampden Township,
Cumberland County, Pennsylvania. A true an correct copy of the aforementioned contract is
attached hereto and incorporated by reference herein as "Exhibit A".
LAW OFFICES
SNELBAKER.
BRENNEMAN 4. By deed dated July 25, 1995 and recorded August I, 1995, Plaintiffs became the
9 SPARE
owners of a certain lot or parcel of ground identified as lot number 28 in the Final Plan of Phase
A lip 1 ? r
3 Tumberry, which lot is commonly known as 1407 Gldindean Terrace, Mechanicsburg,
Pennsylvania (hereinafter the "Property").
5. In accordance with the terms of the written contract between Plaintiffs and Defendant,
Defendant agreed to provide all construction supervision, inspection, labor and subcontracted
items necessary for the execution and completion of the work under the contract.
6. In accordance with the terms of the written contract between Plaintiffs and Defendant,
Defendant agreed to supervise and direct the work under the contract, using Defendant's best
skill and attention.
7. In accordance with the terms of the written contract between Plaintiffs and Defendant,
Defendant agreed to be responsible for the acts and omissions of its employees and all
subcontractors engaged by Defendant, their agents and employees, as well as all other persons
performing any of the work under the contract on behalf of or with Defendant.
8. During the course of the construction of the home on the Property and prior to framing
of the house commencing, Plaintiffs observed cracks in the block masonry walls of the basement
level of the house.
9. Plaintiffs, after calling the basement wall cracks to the attention of Defendant, were
assured by the Defendant that that condition would be corrected.
10. On or about March 20, 1996, after the house was substantially completed, Plaintiffs
first occupied the house.
11. Within the first year of Plaintiffs occupancy of the house, the cracks in the block
LAW OFFICES I walls of the house increased in width and length and additional and substantial cracks continued
SNELBAKER.
BRENNEMAN _
& SPARE 2
ii_ 11 11W .01
to appear.
12. Although prior to Plaintiffs' occupancy of the house and thereafter, Defendant
attempted to repair the cracks in the basement walls, the cracks continued to expand and lengthen
and new cracks appeared.
COUNTI
Breach of Contract
13. The averments of Paragraphs 1 through 12, inclusive, are incorporated in this
paragraph as if fully set forth herein in their entirety.
14. Defendant undertook to construct the house for Plaintiffs in accordance with the
terms and conditions of the contract dated June 26, 1995.
15. Defendant materially breached its contract with Plaintiffs in the following
particulars:
a. Defendant failed to properly supervise and direct the construction and work:
By allowing the construction of the foundation, basement walls and house
upon fill that was not properly compacted;
2. By allowing the construction of the foundation, basement walls and house
without conducting compaction analysis to verify bearing capacities;
By allowing the construction of the foundation, basement walls and house
upon loose 611;
4. By allowing the stepped down footer on the western end of the north and
south basement walls to be designed, poured and constructed in parts
independent of each other and not otherwise connected;
LAW OFFICES
SNELSAXER.
aRENNEMAN
& SPARE II
.3
A (} AY a
5. By allowing construction of the house in violation of the Hampden
"fownship Subdivision and Land Development Ordinance with respect to
compaction of fill material, slope steepness and by providing no visible
means to prevent surface water from damaging the sloping surface of fill
(Articles 504.9.C, 507.4 and 512.3.6, respectively); and
6. By allowing construction of the house and the entrance way on the north side
of the house within the required side yard setback area in violation of the
Hampden Township Zoning Ordinance;
b. By failing to use its best skill and attention in supervising work and in
constructing the foundation, basement and house by permitting,
engaging in and allowing the acts and omissions described in Paragraph
15.a.1 through a.6, above, the averments of which are incorporated by reference
herein.
c. By failing to be responsible, and not being responsible for the acts and omissions
of Defendant, its employees and subcontractors, their agents and employees,
as well as all others performing work under the June 26, 1995 contract on behalf
of or with Defendant, which acts and omissions are set forth in Paragraph 15.a.1
through a.6, above, the averments of which are incorporated by reference
herein;
d. By failing to correct Defendant's work and the work of its employees and
subcontractors during the progress of the construction of the foundation,
basement walls and house: and
e. By failing properly to design a foundation and walls for the house that could be
constructed on uncompacted fill material and adequately carry the weight or load
of the house.
16. As a direct result of Defendant's material breach of the June 26, 1995 contract with
Plaintiffs as set forth above, substantial settlement of the foundation of the house has occurred,
resulting in large cracks in the masonry basement walls and movement of the house in a
downward and westward direction.
LAW OFFICES II 17. As a direct result of Defendant's material breach of the June 26, 1995 contract with
SNELBAKER.
BRENNEMAN
& SPARE
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i i1- _ 41
Plaintiffs as set forth above, Plaintiffs are required to expend in excess of $124,000 to restore the
structural integrity of the house by stabilizing the foundation and repairing and replacing the
masonry basement walls. In addition, Plaintiffs have been required to expend funds for
engineering and surveying services and will expend funds to relocate themselves during the
course of the repair and restoration of their house.
18. All conditions precedent to Plaintiffs' right to bring this action have occurred or
taken place.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of
$25,000, which amount represents the lesser of the cost of repair or the difference in the fair
market value of the house with and without the various defects created or caused by Defendant,
together with engineering, surveying and relocation costs as well as interest and costs of this
action.
COUNT II
Breach of Express warranty
19. The averments of Paragraphs I through 18, inclusive, are incorporated in this
paragraph as if fully set forth herein in their entirety.
20. At or about the time Plaintiff's and Defendant entered into the contract dated June 26,
1995, Defendant provided Plaintiff with a Pre-Construction Worksheet, a true and correct copy
of which is attached hereto and incorporated by reference herein as "Exhibit B".
LAW OFFICES 21. Pursuant to the terms of the Pre-Construction Worksheet, Defendant provided an
SNELSAKER.
BRENNEMAN express warranty pertaining to faulty materials and workmanship for a period of one year
9 SPARE
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`III I.
following closing.
22. Pursuant to the parties' June 25, 1995 contract, Defendant provided an express
warranty whereby Defendant agreed to remedy any defects due to faulty materials, equipment
and workmanship for a period of one year fonn the date of substantial completion of the parties'
contract.
23. Final settlement on Plaintiffs' purchase of the house constructed by Defendant took
place on March 11, 1996.
24. At the time of final settlement, Defendant, through its representative, provided
Plaintiffs with a Customer Service Guarantee, a true and correct copy of which is attached hereto
and incorporated by reference herein as "Exhibit C".
25. Pursuant to the terms of the Customer Service Guarantee, Defendant expressly
warranted to Plaintiffs to have all of Plaintiffs' customer service needs corrected within ten (10)
working days.
26. At the time of final settlement on Plaintiffs' purchase of the house constructed by
Defendant, Don E. Haubert, Sr., as President of Defendant, acknowledged in writing the
responsibility of Defendant for any necessary repairs to the masonry basement wall required in
order to maintain the structural integrity of the house constructed by Defendant. A true an
correct copy of the aforementioned acknowledgement dated March 11, 1996 is attached hereto
and incorporated by reference herein as "Exhibit D".
27. The acknowledgement made reference to in Paragraph 26, above, was given by
LAW OFFICES Defendant to Plaintiffs as a result of Plaintiffs having brought to the attention of Defendant
SNELBAKER.
BRENNEMAN -6-
& SPARE
cracks in the basement walls prior to framing of the house commencing and Plaintiffs' continuing
concerns about the structural integrity of the house.
28. Defendant breached the express warranties and assurances provided to Plaintiffs in
the Pre-Construction Worksheet, the June 25, 1995 contract, the Customer Service Guarantee
and the March H. 1996 acknowledgement by Don E. Flaubert, Sr. in the following particulars:
a. By failing to repair, remedy and/or maintain the basement walls and the
structural integrity of the house which were damaged and compromised by
Defendant's faulty workmanship, actions and omissions more fully set forth in
this Complaint; and
b. By failing to address and correct the customer service needs of Plaintiffs as they
pertained to the basement walls and the structural integrity of the house within
ten working days after repeated notice to Defendants.
29. "rhe defects in and relating to the basement walls of the house were made known to
Defendant both prior to and within one year of closing on the purchase of the house and within
one year of substantial completion of the June 25, 1995 contract.
30. As a direct result of Defendant's breach of its express warranties and assurances as
made reference to above, Plaintiffs are required to expend in excess of $124,000 to restore the
structural integrity of the house by stabilizing the foundation and repairing and replacing the
masonry basement walls. In addition, Plaintiffs have been required to expend funds for
engineering and surveying services and will be required to expend funds to relocate themselves
during the course of the repair and restoration of their house.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of
LAW OFFICES I $25,000, which amount represents the lesser of the cost of repair or the difference in the fair
SNELBAKER.
BRENNEMAN -7-
& SPARE
market value of the house with and without the various defects created or caused by Defendant,
together with engineering, surveying relocation costs as well as interest and costs of this action.
COUNT 111
Breach of Implied Warranty
31. The averments of Paragraphs I through 30, inclusive, are incorporated by reference
in this paragraph as if fully set forth herein in their entirety.
32. Defendant, as a builder-vendor, impliedly warranted to Plaintiffs that the house
constructed for the Plaintiff would be constructed in a reasonably workmanlike manner and that
it would be fit for habitation as a residential dwelling.
33. Due to the defects and deficiencies noted above with respect to the basement walls
and the structural integrity of the house, the house constructed by Defendant for Plaintiffs was
not constructed in a reasonably workmanlike manner and is not fit for habitation as a residential
dwelling.
34. By reason of the defects and deficiencies noted above with respect to the basement
LAW OFFICES
SNELEAKER.
BRENNEMAN
& SPARE
walls and the structural integrity of the house. Plaintiffs are required to expend in excess of
$124,000 to restore the structural integrity of the house by stabilizing the foundation and
repairing and replacing the masonry basement walls. In addition, Plaintiffs have been required to
expend funds for engineering and surveying services and will be required to expend funds to
relocate themselves during the course of the repair and restoration of their house.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of
$25,000, which amount represents the lesser of the cost of repair or the difference in the fair
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market value of the house with and without the various defects created or caused by Defendant,
together with engineering, surveying and relocation costs as well as interest and costs of this
action.
COUNT IV
Ncgli aencc
35. The averments of Paragraphs I through 34, inclusive, are incorporated by reference
in this paragraph as if fully set forth herein in their entirety.
36. Defendant was negligent, careless and reckless in the construction of Plaintiffs' house
in the following respects:
a. By constructing the foundation, basement walls and house upon fill that was not
properly compacted;
b. By constructing the foundation, basement walls and house upon loose fill;
c. By constructing the foundation, basement walls and house without conducting
compaction analysis to verify bearing capacities;
d. By designing and utilizing a stepped down footer on the western end of the north
and south walls which was constructed and poured without the footers being
connected;
e. By failing properly to supervise and direct the construction of the house by
allowing the acts and omissions identified in Paragraphs 15.a. through e., above;
f By failing to comply with the provisions of the Hampden Township Subdivision
and Land Development Ordinance with respect to compaction of fill material
(Article 504.9.C), slope steepness (Article 507.4) and by providing no visible
means to prevent surface water from damaging the sloping surface of fill
(Article 512.3.b);
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE II
9
g. By allowing construction of the house and entrance way on the north side of the
house within the required side yard setback area in violation of the I-lampden
Township Zoning Ordinance; and
h. By failing properly to design a foundation and walls for the house that could be
constructed on uncompacted fill material and adequately carry the weight or load
of the house
37. As a direct, factual and proximate result of the negligence, carelessness and
recklessness of Defendant, substantial settlement of the foundation of the house has occurred,
resulting in large cracks in the basement walls and movement of the house in a downward and
westward direction, compromising the structural integrity of the house.
38. As a direct, factual and proximate result of the negligence, carelessness and
recklessness of the Defendant, Plaintiffs are required to expend in excess of $124,000 to restore
the structural integrity of the house by stabilizing the foundation and repairing and replacing the
masonry basement walls. In addition, Plaintiffs have been required to expend funds for
engineering and surveying services and will be required to expend funds to relocate themselves
during the course of the repair and restoration of their house.
WHEREFORE, Plaintiffs demand judgment against Defendant in an amount in excess of
$25,000, which amount represents the lesser of the cost of repair or the difference in the fair
market value of the house with and without the various defects created or caused by Defendant,
together with engineering, surveying and relocation costs as well as interest and costs of this
action.
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
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The amount claimed as damages by Plaintills in this action exceeds the amount for
mandator}' arbitration in Cumberland Cotutty.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY: " t0/41-,
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Keith O. Brenneman, Fsquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintifls
Dale: August 30. 2001 Nelson L. Entwistle and Eleanor L. Entwistle
VERIFICATION
I verity that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unswom falsification to authorities.
Date:
S-3c-e/
Nelson L. Entwistle
VERIFICATION
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
1 verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
Date:
Eleanor L. Entwistle
S & A CUSTOM BUILT IIONES, INC.
Residential Construction Contract
AGREEMENT made the 2tp day of rc.l 1925; by and
between S & A CUSTOM BUILT HOMES INC. ereinafter referred to as
"Contractor") and_/S
of / 0 7G.• 4L>pcpc /U.. . iJ?-e- Arai) cis, /c,.-n 0.4 !7i
(hereinafter referred to as "Buyer") `-`-
WITNESSETII that in consideration of the mutual covenants and
agreements herein contained, and intending to be bound legally hereby,
the parties hereto do agree to the following terms and conditions:
1. Definitions. The following terms shall have the assigned
meanings for the purpose of this agreement:
Section 1.1 Contract Documents. The contract documents consist of
this Agreement (including specific and general conditions hereto), any
drawings, specifications, plans, amendments, and change orders
relating to this Agreement. These aforesaid documents constitute the
entire contract between the parties, and shall not be modified except
by written amendment to the said contract documents. The contract
documents do not include, and specifically exclude, any and all oral
discussions, understandings, and agreements between the said parties
prior to the execution of this Agreement.
2. Contract Work. The contractor agrees to furnish all the
materi3. and labgr nncessaW' for the construction of a
upon the property of Buyer, which property is located and situate at
The said work shall
be performed in accordance with certain plans and specif, atiop s
furnished/by contractor/ nd knpwn and identified as ?Y?YL'i nV'o
^?-- , m_?i> ..4. duplicate copies of '
which ha ,/e been initialled by the parties hereto and delivered to both
Buyer and Contractor pursuant to this Agreement. In consideration for
the work to be perform der this?c ntract, Buyer shall to y e
contractor the sum o ty. y -%P-U-1,` ?, p( ig)
) in, - accb nce with paragraph' S
hereinbelow, and subj-ect to additions and/or deductions by change
order as provided in paragraph 5.4 of this Contract.
THE ABOVE STATED CONTRACT PRICE IS BINDING UPON CONTRACTOR ONLY'IF
THE CONTRACT WORK IS COMMENCED WITHIN SIXTY (60) DAYS AFTER.
EXHIBIT A
7. Obligations of Buyer.
7.1. Prior to the commencement of construction, Buyer
all obtain and deliver to contractor an attorney's certificate of .
title to the property, which certificate shall be in proper form, or
her proof of Buyer's ownership of the premises which is satisfactory
to contractor and its counsel.
3.2. Buyer shall review the plans and specifications
submitted by Contractor and shall give prompt written notice to the
Contractor of any fault or defect in the said plans and
specifications.
7.7. Buyer shall furnish to Contractor reasonable
evidence satisfactory to the Contractor, prior to signing this
Agreement, that sufficient funds are available and committed to pay
for the work to be performed under this Agreement.
4. Obligations of Contractor.
4.1. Contractor will provide all construction
supervision, inspection, labor, materials, tools, equipment, and
subcontracted items necessary for the execution and completion of the
contract work.
4.2. Contractor will pay all sales, use, gross receipts
and similar taxes related to the contract work to be provided by the
contractor, which taxes have been legally enacted at the time of
execution of this Agreement.
4.3. The Contractor shall supervise and direct the
work, using his best skill and attention.
4.4. The Contractor warrants to the Buyer that all
materials and equipment incorporated into the contract work will be
new unless otherwise specified, and that all contract work will be of
good quality, in conformance with the contract documents.
4.5. Contractor shall be responsible for the acts and
omissions of its employees and all subcontractors engaged by
Contractor, their agents and employees, and all other persons
performing any of the work under this contract on behalf of or with
the Contractor.
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r Wr.
i
4.6. The Contractor shall at all times keep the
premises reasonably free from the accumulation of waste materials or
rubbish caused by the operations of the Contractor. At the completion
of the work, the contractor shall remove all tools, construction
equipment, machinery and surplus materials, and shall leave the work
"broom" clean or its, equivalent, except as otherwise specified.
5. Payment of Contract Price, Progress Payments.
5.1. In consideration for the performance of the
Agreement, Buyer agrees to pay Contractor, in current funds as
compensation fo?is_G4ervic , t trct Price of
?Ueso/ yc ?t7
5.2. The Contract Price shall be paid by Buyer to
Contractor based upon written applications for payment which may be
submitted to Buyer at the following times:
of the Contract Price upon the execution of
this Agreement;
?T 7 of the Contract Price upon the completion of
the foundation;
1 of the Contract Price when the roof is
completed, when framing and sheathing are
completed and when all windows are set in
place;
aY? 7 of the Contract Price when the installation of
electrical and plumbing systems, in rough form,
are completed;
' 7 of the Contract Price when the interior drywall
is sanded and ready for painting;
7 of the Contract Price upon substantial
completion of the building as defined herein
or at the time of occupancy of the building by
Buyer.
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5.3. The Contract Price is for the materials and labor
in construction of the Contract Work ONLY. The following items are
also specifically included in the Contract Price: exterior and
interior painting, utility connections, permits, outside concrete
sidewalks, water laterals, driveway, excavation and all other costs
incurred in connection with the installation of the materials provided
for in the plans and specifications. The Buyers shall pay for any
additional costs involved in providing extra engineering or foundation
work which may be required if the Contractor encounters abnormal or
unusual subterranean conditions during the course of construction
including, but not limited to:
(A) Extra concrete bloc nd labor necessary to install,
the some for th onstruction of•foundation that /?J((
may be requir in excess of blueprint
specifications.
n
(B) The cost of lab and materials needed to divert or ? '
control sur ca or subsurface water found during i
the tours of construction.
5.4. The Buyer, without invalidating the Contract, may
order Changes in the Work consisting of additions, deletions, or
modifications, the Contract Sum and the Contract Time being adjusted
accordingly. All such Changes in the Work shall be authorized by
written Change Order signed by the Buyer.
5.5. A Change Order is a written order to the
Contractor signed by the Buyer or his authorized agent and issued
after the execution of this Agreement, authorizing a Change in the
Project and/or an adjustment in the Contract Price, or the Performance
time Schedule.
5.6. The Contract Price and the Performance Time
Schedule may be changed only by Change Order or as otherwise specified
in this Agreement.
5.7. The cost or credit to the Buyer from a Change in
the Work shall be determined by mutal agreement.
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.... .. ..,.. .... .
5.8. Final payment constituting the unpaid balance of
the Contract Price as adjusted by Change Orders shall be due and
payable when the Project is delivered to the Buyer, ready for
beneficial occupancy, or when the Buyer occupies the Project,
whichever event first occurs, provided that the Project is then
substantially completed and this Agreement substantially performed.
If there should remain minor items to be completed, the Contractor
shall deliver, in writing, his guarantee to complete said items. within
a reasonable time thereafter.
5.9. The making of final payment shall constitute a
waiver of all claims by the Buyer except those arising from (1)
unsettled liens, (2) faulty or defective work appearing within one (1)
year after Substantial Completion, or (3) failure of the work to
comply with the requirements of the Contract Documents. The
acceptance of final payment shall constitute a waiver of all claims by
the Contractor except those previously made in writing and still
unsettled. I
Occupancy of the home by Buyer shall constitute
acceptance of same by Buyer and Contractor, except as provided
hereinabove, shall thereafter be under no obligation whatsoever to
Buyer relative to the construction of said home.
6. Time of Performance.
G.I. The Work to be pe¢',T or ed/un r th?s Contract shall
be commenced on or abou 4 Y fifteen (15) days
after the date Buyer hes filled all blip ions required by
Paragraph 3 of this Contract, and except as otherwise provided or
permitted by they contract, s 11 be sub s antiall complfeted not lat r
than ak? ,
1 ,.
6.2., The Date of Substantial Completion of the Contract,
Work is the date when construction is sufficiently completed in accordance
with the Plan and Specifications so the Buyer can occupy the construction
work. Warranties called for by this Agreement shall commence on the Date of
Substantial Completion of the construction work.
-5-
6.3. If the Contractor is delayed at any time in the progress
of the construction work by any act failure or neglect of the Buyer or by
changes ordered in the Project or by labor disputes, fire, unusual delay in
.transportation, adverse weather conditions not reasonably anticipatable,
unavoidable casualties, or any causes beyond the Contractor's control, or a'
delay authorized by the Buyer, then the Date for Substantial Completion shall
be extended for the period of such delay.
7. Insurance.
7.1. Indaunity. The Contractor agrees to indemnify and hold
the Buyer harmless from all claims for bodily injury and property damage
(other than the Work itself and other property insured under Paragraph 7.2)
that may arise from the Contractor's operations under this Agreement.
7.2. Contractor's Liability Insurance. The Contractor shall
wopurcharkmensesand maintain aemployee protect it from
from claims claims under
damages because of bodily injury, including death, and from claims for damages
to property which may arise out of or result from the Contractor's operation
under this Contract, whether such operations be by it or by any Subcontractor
or anyone directly or indirectly employed by any of them. This insurance
shall be written for not less than any limits of liability required by law and
shall include contractual liability insurance as applicable to the
Contractor's obligations under this Agreement.
7.3. Buyer's Liability Insurance. The Buyer shall be
responsible. for purchasing and maintaining his own liability insurance and, at
his option, may maintain such insurance as will protect him against claims
which may arise from operations under this Contract.
7.4. Buyer's Property Insurance. nless otherwise provided,
the Buyer shall purchase and maintain property insUurance upon the entire
Contract Work at the site to the full insurable value thereof. This insurance
shall include the.tnterests of the Buyer, the Contractor, Subcontractors and
Sub-subcontractors in the Contract Work and shall insure against the perils of
fire, extended coverage., vandalism and malicious mischief. Any insured lose
is to be adjusted with the Buyer and made payable to the Buyer as trustee for
the insureds as their interests may appear,' subject to the requirements of any
mortgagee clause. The Buyer shall provide a copy of all policies to the
Contractor prior to the commencement of the Work. The Buyer and Contractor
waive all rights against each other for damages caused by fire or other perils
to the extent covered by insurance provided under this paragraph. The
Contractor shall require similar waivers by Subcontractors and
Sub-subcontractors.
„ I
-6-
B. Correction of Work. The Contractor shall correct any Work that fails
conform to the requirements of the Contract Documents where such failure
conform appears during the progress of the Work, and shall remedy any
defects due to faulty materials, equipment or workmanship which appear within
period of one year from the Date of Substantial Completion of the Contract.
The provisions of this paragraph apply to Work done by Subcontractors as well
as to Work done by direct employees of the Contractor. THE CONTRACTOR MAKES
AND THERE EXISTS NO OTHER WARRANTIES, WRITTEN OR IMPLIED, CONCERNING THE
CONTRACT WORK OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
:
9. Default by Buyer. If the Buyer shall default hereunder prior to the
beginning of construction work, Contractor shall retain the money paid by
Buyer as liquidated damages; and this Contract shall thereupon terminate. If
the Buyer fails to make a Progress Payment to Contractor as herin provided
through no fault of the Contractor, the Contractor may, upon seven days'
written notice to the Buyer, terminate the Contract and recover from the Buyer
payment for all Work completed and for any proven loss sustained upon any
materials, equipment, tools, and construction equipment and machinery,
including reasonable profit and damages.
Upon default in payment of any installment as provided in Paragraph 5.2,
the Buyer hereby authorizes and empowers any attorney of any Court of Record
of Pennsylvania, or elsewhere, to appear for and to enter Judgment against
him (them) for the Contract Price, a sum certain, and for all moneys due under
this Contract without defalcation, with costs of suit, release of errors,
without stay of execution and with ten (10X) percent added for collection
fees; and he also waives the right of inquisition of any real estate that may
be levied upon to collect this sum; and does hereby voluntarily condemn the
same, and authorizes the Prothonotary to enter upon the fi. fa. his said
voluntary condemnation and he further agrees that said estate may be sold on
fi. fa. and he hereby waives and releases all relief from any and all
appraisement, stay or exemption laws of any state, now in force or hereafter
to be passed.
10. General Provisions.
10.1. All rights and liabilities herein given to, or imposed
upon, the respective parties hereto shall extend to and bind the several and
respective heirs, executors, admiristrators,•successors and assigns of said
parties; and if there be more than Buyer, they shall all be bound Jointly and
severally by the terms, covenants and agreements herin, and the word "Buyer"
or "Buyers" shall be deemed and taken to mean each and every person or party
mentioned as an owner herein, be the same one or more; and if therebe more
than one Contractor, they shall be bound Jointly and severally by the terms,
covenants and agreements herein, and the word "Contractor" or "Contractors"
shall be deemed and taken to mean each and every person or party mentioned as
a contractor herein be the same-one or more.
-7-
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i
10.2. Neither the Buyer nor the Contractor shall assign his
nterest•in this Agreement without the written consent of the other except as
o the assignment of proceeds.
10.3. This Agreement shall be governed by the law in effect ut
he location of this Project.
Contractor
S & A Custom Built Ilomes '
Inc.
Buyer
Authorized Signature Bur
Page % of/O
ADDENDUM TO SALES CONTRACT
House
794 /`isc?
(Buyers) 263 •- 0 '2) (Phone A)
Sellers)
Lot 4 0??
Base Price nv^/9- (..-:':??.•..l.C`wiv??2;4.? :4i-`'-:;L,............
Lot Differential .......................................................
Exposed Basement with Siding to Grade
?.?`l?'.N;-?;IJI??'?-: c2.f'5:...•??k;;?;.a
Garage 11 /.S ?k{.?h:.'.?.'i.?a<4•?c.h?:?'?.JAY?A., ...
.
Deck o•r-Ra-aio ................. ...............9...... .
FireplacezA-IC-C.. 0 ; vie. lr ....C??Z?.?C•c
Central Air (Tmfra with GHA Heat)/_&C,(.•K.C.^?J
Other Options:
$ /-/S 707.
Rcn 7
t? L
?. 3 r,')
r4 D,
Total Options from Page 2
Total Construction Price
qte)
Lot Price // $
House, 'c7 $ /Z'7. ,•
Sollcr ?4juy G Lr
Page /D of / 6
ADDENDUM TO SALES CONTRACT (Continued)
Other Options: -
7 Total Options Page 2
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S CA_
Custom Built Homes
PRE-CONSTRUCTION WORKSHEET
Homeowner: Lot Address:
Date=
In order for your job to run as smoothly as possible, and to give you the beat
service and quality possible, it is very important for the customer and the
builder to work together. While the perfect home has never been built, we will
work with you every step of the way and do our beet to give you the beet built
home possible.
1.. Did you read your contract? Did you understand your contract? Do you have
any questions?
2. After reviewing, please sign and date the final working drawing.
3. After reviewing, please sign and date the selection sheet.
4. We cannot start your home until we have the following (check things needed)
Copy of deed to your lot
Plot plan showing setbacks; lot corners must be staked
Septic system design
Building Permit - Water/sewer tap fees paid
Homeowners Insurance
Lighting Selection
Selection Sheet
Financing
Deferred End Payment Program details
5. If your lender requires a foundation location survey, please have it
completed once the foundation is started. It is your responsibility.
6. If you have your own subcontractor doing any work, they must contact us
before the start of excavation. We will build to standard S&A specifications
unless notified in writing and during a personal meeting at our office or jobsite
with our superintendent. It is the responsibility of your subcontractor to
obtain our space. Any deviations from these specs will be charged to you.
Please provide us with a copy of your subcontractor's liability and their
worker's compensation insurance. This is required before work is allowed to
start. S&A is not responsible for delay caused by your subcontractor.
7. If you will be supplying any of your own materials (doors, lights, fans,
etc.), S&A will install if contracted. Subcontractors will use reasonable
care in installing the item, but it will not be warranted under S&A's
homeowner warranty. The customer is responsible for defective, missing or
damaged parts. No payment will be made to the customer for material or labor on
items you will be doing until final settlement occurs.
8. Feasibility of basement bathe and rough-ins can be decided only after
excavation. S&A has the right to delete such work and will credit to you the
cost of said option. A pit for future sewer pump can be installed at an
additional cost if gravity flow can not be obtained.
S & A Custom Built Homes, Inc. • 15 Central Boulevard • Camp Hill, PA 17011
(717) 761-7951 • FAX: (717) 761-4125
EXHIBIT B
A. .
Custom Built Homes
9. Please be aware of who is responsible for any allowance items. They are
listed as allowances on your contract. Make sure all parties understand
allowances.
10. To have your job run as smoothly as possible, changes are discouraged after
construction begins. Notify your project manager of any changes you wish to
make. Changes must then be approved by both manager and superintendent. A
signed change order along with payment must be received prior to changes being
made. Changes cause delay and allow for more chance of error.
11. Telephone and TV jacks are to be marked on print.
12. Any inspection other than standard building code inspections are the
responsibility of the customer. These inspections may be required by your lender
or insurance company and may include well, water test, soil compaction test,
termite treatment, etc. They are your responsibility.
13. A lot inspection has been performed by us. This is done to establish a
realistic estimate on lot work and to minimize extra cost to you during
construction. You will be kept pouted on lot improvement costs during
construction and given a final charge or credit at completion. Rock removal is
not included in contract.
14. Concrete may develop some hairline cracks. This is normal and does not cause
any problems with the integrity of your new home. S&A does not guarantee that
concrete will not crack.
15. Any personal materials or equipment you leave on the jobsite is not the
responsibility of S&A Homes.
16. Garages will only be drywalled on surfaces required by building code. This
is usually (but not always) required on wall between house and garage and on the
ceiling. Additional drywall work may be added on a change order.
17. When payments are requested, please act promptly so as not to delay your job.
Payment must be received by us within (7) days of request. Any items that need
correction will be corrected before completion.
18. Footer drains, stone, vapor barrier, asphalt coating, etc, are installed in
your home to protect your basement from water. However, every building lot is
unique and may contain such characteristics as sub-surface water, under ground
springs, etc, and we cannot warrant a dry basement.
19. Please direct any questions or concerns to project manager. Do not deal
directly with our subcontractors; this can cause confusion and daisy.
20. No personal property of any kind is allowed on jobsite before final
settlement between customer and S&A Custom Built Homes, Inc. Only materials and
supplies required for construction will be allowed.
21. Final payment must take place before moving in. Builder and customer will
walk through your home to see if there are any items that need to be completed.
A full one year warranty shall follow closing. This warranty is for faulty
materials and workmanship. No Escrow Agreement will be accepted unless it is due
to weather conditions or material shortages. No keys will be issued before final
settlement.
22. Landscape Allowance is for one time seeding and planting of shrubbery. S&A
is not responsible for erosion or dry weather. You must water, fertilize and
weed control your own lawn.
S & A Custom Built Homes, Inc. • 15 Central Boulevard • Camp Hill, PA 17011
(717) 761-7951 • FAX: (717) 761-4125
46 A,
• A. A
S&AI,
Custom Built Homes
23. Driveways contain a basecoat and topcoat. The Homeowner is responsible for
sealing the driveway after the topcoat is in place. Driveways do settle and
patches may be needed. Patches will not blend perfectly.
24. Drywall nail "pope" are common and may occur. These "pope" usually can be
fixed by the homeowner and should fall under homeowner maintenance. If, however,
the nail pope are excessive, S&A Homes will repair them one time after going
through a heating season.
25. Many things were discussed with the sales person or realtor during the
selling stage, but we will only honor what is written on your contract or plane.
Please understand that no verbal changes can be honored. Changes must be
documented.
26. Your home will be completed in approximately' 150 days from date of
excavation. Please do not ask us to commit or estimate earlier completion datas.
COMMENTS, CONCERNS, CHANGES:
BUYER
BUYER
S&A SALES REPRESENTATIVE
SUPERINTENDENT/PROJECT MANAGER
DATE
DATE
DATE
DATE
S & A Custom Built Homes, Inc. • 15 Central Boulevard • Camp Hill, PA 17011
(717) 761-7951 • FAX: (717) 761-4125
S&46.
Custom Built Homes
CUSTOMER SERVICE GUARANTEE
S & A Custom Built Homes, Inc., guarantees we will respond to your
customer service needs as follows:
Emergency service work will be responded to within 24 hours by
S & A Custom Built Homes, Inc., or one of our subcontractors.
Emergency work is defined as:
1. Uncontrollable running water
2. Being without heat during the heating season
3. A potential electrical hazard
All other customer service work will be handled as follows:
Once you have contacted S & A Custom Built Homes, Inc. with a
customer service need, S & A or the appropriate subcontractor will
contact you within 3 working days to schedule an appointment to
correct the customer service concern. These customer service
concerns should be completed within 7 working days. With this
Customer Service Guarantee you should have all of your customer
service needs corrected- within 10 working days.
There may be times when additional material may have to be ordered
(such as carpet or vinyl) to complete your service request. When
this is the case your request will be handled as soon as the
material is available.
Additionally, S & A Custom Built Homes, Inc., will contact you two
weeks after you reported your customer service concern o ve
your needs have been satisfied.
2&w
S & A epresenta ive
.:3/// Date-
S & A Custom Built Homes, Inc. • 15 Central Boulevard • Camp Hill, PA 17011
(717) 761-7951 • FAX: (717) 761-4125
EXHIBIT C
-i+1, n A.
• L
S
CA-
Custom Built Homes
March 11, 1996
Nelson & Eleanor Entwistle
1407 Eldindean Terrace
Mechanicsburg, PA 17055
RE: Property located at 1407 Eldindean Terrace, Mechanicsburg, PA
Dear Dr. & Mrs. Entwistle,
1, Don E. Hauben, Sr., President of S&A Custom Built Homes, Inc., hereby acknowledge responsibility of
S&A for any necessary repairs to the concrete masonry basement wall required in order to maintain
structural integrity.
Sincerely, d /
CL.I.:?W-?/? t?.f
Don E. Haubert, Sr.
S & A Custom Built Homes, Inc. + 15 Central Boulevard • Camp Hill, PA 17011-4208
(717) 761-7951 • FAX (717) 761-4125
EXHIBIT D
,,to I.
CERTIFICATE OF SERVICE
r L .
1, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that 1 have on the below date,
caused a true and correct copy of the foregoing Complaint to be served upon the person and in
the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS:
S & A Custom Built Homes, Inc.
1060 Trindle Road
Carlisle, PA 17013
Aqp???
Keith 0. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717)697-8528
Attorneys for Plaintiffs
Date: September 6, 2001
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
?= 1
I
I •
' V : .
.
v
V
+p" j' .Jr?- .MT.
MAY 2 1 2003 ?,
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE.
Plaintiffs
V.
S & A CUSTOM BUILT HOMES
INC..
Defendant
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE.
Plaintiffs
V.
HAUBERT HOMES. INC..
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 99-5803 CIVIL /
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 2000-543 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this l Jn+C day of -11/ . 2003 upon consideration of
Plaintiffs' Motion For Consolidation of Actions Pursuant to Pa.R.C.P. 213(a) and counsel's
concurrence for the Defendants therewith, it is hereby ORDERED that the Civil Actions
docketed to No. 99-5803 Civil and No. 2000-543 Civil are hereby consolidated pursuant to
Pa.R.C.P. 213(a) for purposes of discovery and trial.
BY THE COURT:
uw OFFICES
SNELBAKER,
SRENNEMAN
& SPARE
1s1 dtj"K?, IQ 10
J.
k9G
? J(am)
9:'/o M ?'??'tl??. f j?
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE,
Plaintiffs
V.
S & A CUSTOM BUILT HOMES.
INC..
Defendant
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE.
Plaintiffs
V.
IN TFIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5803 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NO. 2000-543 CIVIL
HAUBERT HOMES, INC.. CIVIL ACTION -LAW
Defendant JURY TRIAL DEMANDED
MOTION FOR CONSOLIDATION OF
ACTIONS PURSUANT TO Pa.R.C.P. 213fa)
Plaintiffs, by their attorneys, Snelbaker, Brenneman & Spare, P. C., submit this Motion to
consolidate the above two actions for purposes of discovery and trial and in support thereof, state
the following:
1. On September 21. 1999 Plaintiffs initiated the above-captioned action docketed in this
Court to No. 99-5803 Civil against Defendant S & A Custom Built Homes. Inc. by Praecipe for
Writ of Summons.
2. On January 28, 2000. Plaintiffs initiated the above-captioned action docketed in this
Court to No. 3000-5=43 Civil against Defendant Haubert Homes. Inc.. by Praecipe for Writ of
II Summons.
SNELBAKEP
e PeNNEMAN
& SPARE
3I Complaints have been tiled by Plaintiffs in both actions. Defendants S & A Custom
Built Homcs, Inc. and I laubcrt Flores, Inc. are represented by the same counsel, David A.
Fitzsimons, Esquire of Mette, Evans & Woodside, P. C.
4. The two civil actions identified above arise from the same transaction or occurrence:
that is. the construction ofa residential dwelling for Plaintiffs at property commonly known as
1407 Eldindean Terrace. Mechanicsbure. Pennsylvania. Plaintiffs allege the Defendants in the
two actions are liable to them for defects that Plaintiffs claim exist in the residential dwelline as
a result of its construction.
5. Consolidation of the two actions for purposes ot'discovery and trial would avoid
unnecessary costs and avoid the waste of duplicate court and judicial resources that would occur
if the two actions would proceed and be tried separately.
6. Counsel for Defendants S & A Homes and Haubert Homes, Inc. consents to this
Motion, as noted by his correspondence indicating same, which is attached hereto and
incorporated by reference herein as "Exhibit A".
WHEREFORE. Plaintiff requests this Court to issue an Order consolidating the above-
captioned actions for purposes of discovery and trial.
SNELBAKER. BRENNENIAN & SPARE. P. C.
BY: r' Z U L'1, ,
'_AW 0v1=
SNELBAKER
SRENNEMAN
3 sons=_
)ate: May 19, 2003
Keith O. Brenneman. Esquire
44 W. Main Street
Mechanicsburc. PA 17055
(717)697-8528
Attornevs for Plaintiffs
Nelson 1.. and Eleanor L. Entwistle
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of IS Pa.C.S. Section
4904 relatinc to unsworn falsification to authorities.
Keith O. Brenneman
Date: May 19, 2003
LA.Y OFFiCE3
SNELBARE.P,
BRENNEMAN
9 SPARE
NSFTTF, E VAL'NS & WOODSIDE
A PROPB:09IONAL CORPORATEON
ATTOR`IEYs AT LAW
HOWELL C.METE KATRIt"L.SimmoN 5401 NORTH FRONT STREET
ROBERTMOORE
CHARLES B
ZWALLY P.DANIELALTLAND P.O. BOX 5050 VICKY ANNTRINI.YIER
.
PETER J
REMLER ANDREW H. DOWLI.NG RAR HTJRG, PA 171300950 TIIIOTIIVA. HOY
.
LLOYD R
PERSIIS MICRAEL D. REED KATIILEE.N DOYLE YANINEK
.
CRAIGA.STONE PAULA J. LEICHT
GARY J. HEL,N AIRS NO,
43-3985005 JAMUNLSTRO.NO
JENNIFER A. YANKANIEII OFCOUNSEL
JAMES A. ULSN DAVID A. FITMIJIONS RANDALL G. HURT' JA'YIE3 W. EYANS
DANIEL L.SUILIVAN GUY P. HEFEVLNTANO TELEPHONE 1C\Y MARK D. HIPP
STEVLND.SNYDER TIIONLL9 F. SAIIDA (7171254.5000 (717) 45&1830 RONALD L. FI.YCK
JEFFREY A. ERNICD JOIIN F. Y,LUTAEK•
http://www.mo"B.00m SCOTT C. SECFERT
'?Llxluso BAx
May 15, 2003
Keith 0. Brenneman , Esquire
SNELBAKER, BRENNEMAN & SPARE, P.C.
44 W. Main Street
Mechanicsburg, PA 17055
Re: Nelson L. Entwistle and Eleanor L. Entwistle v.
S & A Custom Built Homes Inc.
Dear Keith:
This confirms my agreement on behalf of S&A and Haubert Homes to your
Motion to Consolidate the above-referenced claims by the Entwistles.
I will proceed with an appropriate joint filing in response once the
consolidation is completed and with the other agreement that we are working on
towards potential resolution of this matter. You should feel free to attach this letter
as proof of my agreement to the consolidation.
Sincerely yours,
IVIETTE, EVANS & WOODSIDE
DAF/mah David A.' simons
J]G7a)
EXHIBIT A
C'ERlll'ICA'I'E OF SERVICE
1. KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Motion to be served upon the person and in the
manner indicated below:
FIRS"f CLASS MAIL. POSTAGE PRI-PAID ADDRESSFD AS FOLLOWS-
David A. Fitzsimons. Esquire
Mette. Evans & Woodside. P. C.
P. O. Box 5950
Harrisburg. PA 17110-0950
Keith 0. Brenneman, Esquire
SNELBAKER. BRENNEMAN & SPARE. P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Date: May 19, 2003
LAW OFFICES
SNELSANER
BRENNE!AAN
& SPARE
ii '• _
L:
u
?; ?
?J
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE.
Plaintiff's
V.
S & A CUSTOM BUILT HOMES,
INC.,
Defendant
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLF;,
Plaintiffs
V.
HAUBERT HOMES, INC.,
Defendant
IN TIIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5803 CIVIL.
CIVIL ACTION - LAW
.JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-543 CIVIL /
CIVIL ACTION - LAW
JURY TRIAL- DEMANDED
ORDER
AND NOW, this z z"Aday of rho l 2003 upon consideration of
Plaintiffs' Motion For Consolidation of Actions Pursuant to Pa.R.C.P. 213(a) and counsel's
concurrence for the Defendants therewith. it is hereby ORDERED that the Civil Actions
docketed to No. 99-5803 Civil and No. 2000-543 Civil are hereby consolidated pursuant to
Pa.R.C.P. 213(a) for purposes of discovery and trial.
BY TIIE COURT:
LAW OFFICES J.
SNELBAKER.
BRENNEMAN
& SPARE
r.
Fc B?SiLVA?IA
7
r7
CJ"
j
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE,
Plaintiffs
V.
S & A CUSTOM BUILT HOMES,
INC.,
Defendant
NELSON L. ENTWISTLE and
ELEANOR L. ENTWISTLE,
Plaintiffs
V.
HAUBERT HOMES, INC.,
Defendant
IN TI IG COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5803 CIVIL.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-543 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
MOTION FOR CONSOLIDATION OF
ACTIONS PURSUANT TO Pa.R.C.P. 213(a)
Plaintiffs, by their attorneys, Snelbaker, Brenneman & Spare, P. C., submit this Motion to
consolidate the above two actions for purposes of discovery and trial and in support thereof, state
the following:
1. On September 21, 1999 Plaintiffs initiated the above-captioned action docketed in this
Court to No. 99-5803 Civil against Defendant S & A Custom Built Homes, Inc. by Praecipe for
Writ of Summons.
2. On January 28, 2000, Plaintils initiated the above-captioned action docketed in this
Court to No. 2000-543 Civil against Defendant HaLlberl Homes, Inc.. by Praecipe for Writ of
Summons.
LAW OFFICES
SNELRAKER
13RENNEMAN
& SPARE
3. Complaints have been filed by Plaintiffs in both actions. Defendants S & A Custom
Built Homes, Inc. and I laubert Homes, Inc. are represented by the same counsel, David A.
Fitzsimons, Esquire of Mette, Evans & Woodside, P. C.
4. The two civil actions identified above arise from the same transaction or occurrence;
that is, the construction ofa residential dwelling for Plaintiffs at property commonly known as
1407 Eldindean Terrace, Mechanicsburg, Pennsylvania. Plaintiffs allege the Defendants in the
two actions are liable to them for defects that Plaintiffs claim exist in the residential dwelling as
a result of its construction.
5. Consolidation of the two actions for purposes of discovery and trial would avoid
unnecessary costs and avoid the waste of duplicate court andjudicial resources that would occur
if the two actions would proceed and be tried separately.
6. Counsel for Defendants S & A Homes and Flaubert Homes, Inc. consents to this
Motion, as noted by his correspondence indicating same, which is attached hereto and
incorporated by reference herein as "Exhibit A".
WHEREFORE. Plaintiff requests this Court to issue an Order consolidating the above-
captioned actions for purposes of discovery and trial.
SNELBAKER, BRENNEMAN & SPARE, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
LAW OFFICES Mechanicsburg, PA 17055
SNELBAKER,
BREN14EJEMAN MAN
(717)697-8528
Q SPARE Attorneys for Plaintiffs
Date: May 19, 2003 Nelson L. and Eleanor L. Entwistle
VERIFICATION
verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
LAW OFFICES
SNELSANER.
BRENNEMAN
& SPARE
Date: May 19, 2003
Keith O. Brenneman
NIETTE, EVANS & WOODSIDE
A PROM501ONA6 CORPORATION
ATTORNEYS AT LAW
HOWELLC.METTE KAT11RYNL.SIMRoN 3401 NORTH FRONT STREET VICKY AmTkimmER
Room MOORE P.D.ANIELALTLAND P.O. Box 6060 TLMOBIv A. ROY
CHARLES B. LWALLY
ANDREW It. DOWLING
HARRISBURG. PA 17110.0060
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PETER J. RESSLER 51101AEL D. REED JAMESSI.SIRONG OFCOUNSEL
LLOYD R. PLR60N PAULA J. LEICXT 1R9 NO JONIFLRA.VANKANI01 JAMESW. EVANS
CRAIUA.STDNe GARY J. HEM 2y1988008 RANDALL G. II URSTA
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IWIASF.SMIO SCOUC.SCL'FERT 'AhMODBAR
JEFFREY A. ERNICO Jon F. YANINEK• hfp://WWW.mefe.com
May 15, 2003
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P.C.
44 W. Main Street
Mechanicsburg, PA 17055
Re: Nelson L. Entwistle and Eleanor L. Entwistle v.
S & A Custom Built Homes. Inc.
Dear Keith:
This confirms my agreement on behalf of S&A and Haubert Homes to your
Motion to Consolidate the above-referenced claims by the Entwistles.
I will proceed with an appropriate joint filing in response once the
consolidation is completed and with the other agreement that we are working on
towards potential resolution of this matter. You should feel free to attach this letter
as proof of my agreement to the consolidation.
Sincerely yours,
METTE, EVANS & WOODSIDE
\\`
David A. FJttsunons
DAF/mah
:326240 I
EXHIBIT A
CERTIFICATE OF SF.RVICI;
I, KEITFI O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Motion to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
David A. Fitzsimons, Esquire
Mette, Evans & Woodside, P. C.
P. O. Box 5950
Harrisburg, PA 17110-0950
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Date: May 19, 2003
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
?. Li.
_._ i
L. ENTWISTLE and
R L. ENTWISTLE,
Plaintiffs
V.
& A CUSTOM BUILT HOMES, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5803 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
THE PROTHONOTARY:
Please mark the above-captioned action settled, discontinued and ended with prejudice
your docket and indices.
SNELBAKER & BRENNEMAN, P. C.
BY: ft ?
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
September 11, 2006 Attorneys for Plaintiffs
LAW OFFICES
SNEL6AKER &
BRENNEMAN, P.C.
CERTIFICATE OF SERVICF,
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
a true and correct copy of the foregoing Praecipe to be served upon the person and in the
indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
David Fitzsimons, Esquire
Martson, Deardorff, Williams & Otto, P. C.
10 E. High Street
Carlisle, PA 17013
SNELBAKER & BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Date: September 11, 2006
LAW OFFICES
SNELSAKER &
BRENNEMAN. P.C.
C\l
J L j
?L
ca J
IV
1. ? ?
AS OF
09-11 - aooG
CASE# 1909 - Sg0 3 ?i-j;i t
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
C
N L. ENTWISTLE and
OR L. ENTWISTLE,
Plaintiffs
V.
S & A CUSTOM BUILT HOMES, INC.,
Defendant
THE PROTHONOTARY:
Please mark the above-captioned action settled, discontinued and ended with prejudice
on your docket and indices.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5803 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
SNELBAKER & BRENNEMAN, P. C.
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Date: September 11, 2006 Attorneys for Plaintiffs
LAW OFFICES
SNEL13AKER &
BRENNEMAN, P.C.
r . •
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
a true and correct copy of the foregoing Praecipe to be served upon the person and in the
indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
David Fitzsimons, Esquire
Martson, Deardorff, Williams & Otto, P. C.
10 E. High Street
Carlisle, PA 17013
SNELBAKER & BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Date: September 11, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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