HomeMy WebLinkAbout07-2399FCOMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of ~urv~,~-~q/vp
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. p7 ~ X399
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
: ~r Arrttuarv i ~ ~pMG- ~S!'/VS NNG/m ~ 9'Fl~
E 'fN~MPSonI~ OEN~SF THoMPs7+rJ
LESS OF APPELLANT
P U ~n x X437 Nt 1N Kr~v~s
O'FJJUDGMENT IN THE CASE OF (Plainrtilf)
7 'OS" 07 e~~~ ~DIIN ~-
CET No.
G~ O Dd o ~ 30 -o~
49-3~w ~ Th~,~ytas g, ~la~e
cIT~' STATE
Pit i ~o~ z
(De%ndanf)'
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDERS to the judgment for possession in this case.
was
~nl.
R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Rothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon '~>o ko ~ Jol'~N ~.. ~eNNtTtr appellee(s), to file a complaint in this appeal
~ ,(Jame/Jo/ a ppellee(s)
(Common Pleas No. 0 7"~9~ ~~,~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros.
X
` ig ature o/ appellant or attorney or agent
RULE: To ~e~a•I-~ °~"oYlnl, ,>~,,, !~'eN1V~efr- , appellees)
Name o/ appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. /~ /~ ~
Date: o2t`i , 20Q~ `7c..P/,'i.~rro. /~ 1Y - ~.li
Signature of Pr9 on t or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLA/NT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of fhe notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby {swear) (affirm) that I served
^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on
(date of service) , 20 ^ by personal service ^ by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ^ by personal service ^ by (certified} (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20
Signature of official before whom affrdavit was made
Title of official
My commission expires on
20
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•~- COMMONWEALTH OF PENNSYLVANIA
G~UNTY nF• CD88ERLAND
Mag. Dist. No.:
MDJ Name: Hon.
TH011tA8 A. PLACEY
Address: 104 S SPORTING HILL >6tD
111[ECHANICSBU>btG, PA
P. O. BOE 387 ~~~ ~ 1 ~~~ j Docket No.: CV-0000130-07
~1$iP EINGST0/~, PA 17072 Date Filed: 3/01/07
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME andADORESS
rJEaoT, Josh ~ Jffi~1fIIFE>6t ~
5815 ASPEN LAIAE
ENOLA, PA 17025-3308
L J
VS.
"' DEFENDANT: NAME and ADDRESS
rTH011[PSOli<, DAVE, ET AL
P.O. BOZ 387
TEN SINGSTOi11fI, PA 17072
-r., •;.~ ,awn -~ -Fte• „ r~
80lIIE DS9IG~8 D1~I,IffiITED ~'~~' "~~~~ ~~~ ~ ~•~
09-3-04
THIS IS TO NOTIFY YOU THAT:
_ . _ .: __ ._ ~ DEFAIILT . JOD~P . PL~F._. 4 05
.....Judgment: - _ - ... (Date of Judgment)- / /07
® Judgment was entered for: (Name) JEZOT, -JOHN 6e .T81f~IFEB
® Judgment was entered against: (Name) TH011tPSON, DAVE
in the amount of $ 8,132.5
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
correct copy of the record of the p
-ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST _
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY SI= ISSUEb 6Y fii~ AItAGISTEFIIICL DfSTRTC'Y'~JObG~ . ~ -'
UNLESS THE JUDGMENT 15 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED-IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~y~', ,::~~' `~,~ Date
I certify that this is a true
;' ; -`~ ..;N ; ~ Date
My commission expires first Monday of January, x010
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
!Total
~ 8,000.00
$ ~~a
$ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
i Magisterial District Judge
ings containing the judgment.
Magisterial District Judge
SEAL
,~ ,.
J
AOPC 315-06
DATB PZLIIQTEDs 4/05/07 10:33:00 A11t
c-~~-
eoivlnnolvwEAl_TH of PENNSYI_vANIA _ NOTICE O~ JUDGMENT/TRANSCRIPT
~:
COUNTY 01=: co>~a~t>~D :. CIVIC-CASE,
;.~. ; ,1 >~ >~=aalssOwa, pA 1072
Dffi~ISE TSOI[PSON ~" -~
P.O. BOa 387 ~"` ~~ ~ ~ ~~'~_: DocketNo.: CV-0000130-07
rT81I »I1~AST0~, .PA 17072 Date Filed: 3/01/07
a . 49.a
THIS IS TO NOTIFY YOU THAT:
DEFAULT JODOJ!![8>51'P PLTlr ___:.____(Date__of;Judgment).,,__ .4/05/07
~, ~•: Judgment was entered for ..` (Name) ~~'~.~.. ~ ~ ~ _
® Judgment was entered against: (Name) TS011[PSOIit, DAVE
in the amount of $ 8,132.5
Amount of Judgment $ 8.000.00
Defendants are jointly and severally liable. Judgment Costs $ •
Damages will be assessed on Date & Time Interest. on. Judgment $ •
Attorney Fees $ . 00
This case .dismissed without prejudice. Total $ 8,132.50
.Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 post Judgment Credits $
$ Post Judgment Costs $
0 Portion of Judgment for physical damages arising out of
residential lease $ Certified Judgment Total $
ANY PARTY- HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
~-
COME ~M OM ~ME CO RT OFF C~i~MMgN PLEA ANDQ NO UFi~' ~R PLO C~O Mql( EOII)I)=ff BX tHE M/CG STEF~fALCDISTRICTJUDGE
_ UULES$ THE JUDG~ENT IS ENTERED IN T~E .COURT OF C~MMON PLeA$, ANYONE fNTER~RTED41N fiHE JUDGMENT MAY FILE
A REQUEST FOR' ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
N J
J '.:.
,~~_ ~~'"~,.% Date
I certify that this is a true a
~ ..~ ~;...~rr~ Date
~rd•Of~the pace
~ \ w • /~
Y' ~. i't~ti .. '
~.,
M~gisterial,.District Judge =-
ings containing the judgment. ; ;
Magisterial District Judge
~~,
My commission expires first Monday of January, 2010 .SEAL"
w.
AOPG 315-06
.,::OATS PR*)s1T8D: 4/05/07 '10:33:00 ,.AM... .., . _~
,~. t~;oMMONWEALTH OF PENNSYLVANIA .NOTICE OF JUDGMENT/TRANSCRIPT
.. ; ,;
, ~,; • , ._. ;, ,.,...CIVIL- CASE
CE~l1NTY ~~F• CUMB$$IA][l~D -
PLAINTIFF: NAME and ADDRESS
~JEZOT, JODT de JENNIFE~t ~
5815 ASPffi~ LANE
ffi~OLA, PA 17025-3308
L J ,
VS.
" DEFENDANT: NAME and ADDRESS
rTSOILPSON, DAVE, ET AL . ~
.. .~, ~ .~,~ ~ ~P . O . BOZ 3 87 ;
.~.,~_...:~:, ~,...~. ~. ''~w ~~ .~'I~BPP ZINGSTOi11fI, PA 17072
DAVE T80I[PSON J
~, '~ 1 t L~~7 L_
°P.O. BOE 387 DockefNo.: CV-0000130-07 _
NSiP lCI1~GSTONN, _PA 17072 Date Filed: 3/01/07.
THIS IS TO NOTIFY YOU THAT:
DEFAIILT JUD®IiSNT PLTF 4 05
,~_._-.._ ___~ ;itrdgment~----_____.__._ . _._--.---____ -----_-_-_- _~ _..----__..(Date._Qf_Judgmeni) ~ /07
•, JOT '>,Jb
. ~ Judgment was entered'~or: (Nam®) : ~ ~ • ' "
;~
®' Judgment was entered against: (Name) T80]sItPSON, DEIfIISE
in the amount of $ 8.132.5
Amount of Judgment $ 8.000.00
Defendants are jointly and severally liable. Judgment Costs $ 3 .5
Damages will be assessed on Date & Time Interest on Judgment $ •
Attorney Fees $ . 00
This case dismissed without prejudice.. $ 8,132.50
Total
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $
$ Post Judgment Costs $
Portion of Judgment for physical damages arising out of
residential lease $ Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYlCLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL'PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
-~Il1QfaFME@I7~1.QL~?,~H,,ELE.~eI$,'LQ~N,TER.ZdF,;~~.p~a~IIQFNT IN~THE COURT OF COMMON PLEAS _ ALL FURTHER PROCESS MUST
_ ~ UNLESS THE :IUDG~IAENT S fNTE~tED N TWE CURT OF COMMON PLA$ MID-NYONE~NTERE~TED~N `THE UdGMEWT MAY F LEDGE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL`DISTRICTDUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
:SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
• 6Y t~~atEtte~rr,+r;,~
~ ~ ~ , ~~
~ '~QS~~ .Date , •~llagisteriai`bls`tnct ,~dg~:.
I certify that this is a true a ect copy oft record of t e eedings contalrYing the judgment • ~~,
.~(~.. ~ ~ Date ~~ , :Magisterial District~J.udge ,
~.~. 2 010
My commission expires first Monday of January;, SEAL~'•• •
,,. AOPC 315-06
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RViCE OF NOTICE OF APPEAL AND RULE TO FlLE COMPLAINT
(This proof of service MUST BE FILED WfTHIN TEN (10) DAYS AFTER ftling of the notice of appeal Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF GNM/S t:72tA~NO ; ss
AFFiDAVtT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas 67„Z34' ,upon the District Justice designated therein on
(date of service) A-PIQ.r; L 3 0 , 20 0'1 ^ by personal service ~ by (certified} (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) ~~ J ?'ems-(~,, ~'~k,i.. , on
/~PRlC. ,30 , 20 D') ^ by personal service ~ by (certified) registered) mail,
sender's receipt attached hereto.
(SWQRN)~(AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS 30 ~'` h~AY-OF /~PRI L , 2047
E~~V46~'7GGA~ Signature of afiiant
Signature of offici before whom affi avit was made
Title of official i~ -
My commission expir
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TA OP PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of ~u,~.ti,ifj' ,G.r.~gtvp
'" `
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
I COMMON PLEAS No. ~ 1 ,,:.~ '~1~ ~ 4;~,,,,,,
NOTICE OF APPEAL
Notice is given that the appellant. has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
~•••m~ yr „rr~",•ry ~ ~-JOn'+C a St fN5 Gt Ntlm r 'rE ,d nw~. mss, . nv. naMe of o.~.
QL4~IE 3F1vM~StlfJ. OEMSE THuM~Su~ f3R- ?s~t"ti ?"hoMaS A. ~l~~ey
"O~'~i7
IN
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~V- OvDo t 30.07
Y when this notation
vs % I1 JM Il~w/ ~i~ ~!_
was CTaimaifh.Ysee Pa.
rt
~.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgrratae wProtrwnorary or UePury
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (sea Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon ~ >° ~~ •~- ~~~~, ~}. ~E' NNt ~`~T appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. i-~~ .,% . ~ ~f~~ Inil )within twenty (20) days after service of rule or suffer entry of judgment of non pros.
~/`` furs of appeNant or attorney a agent
RULE: To ~ o~, 7~~N ~ ;~PNr<If"t t?f ~ appelleje(s) ;~ {. '
Name of appeilee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file.a.complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The. date of service of this rule if service was by mail is the date of the mailing.
Date: ,~ . .. , 20~r "~ r. ; ~ .~ ! ~° _ ~
'd .F
~Mb ~ ass~'[i S' n ure of Prothonof or Deputy
YO(J MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
JOHN JEKOT and JENNIFER JEKOT
Plaintiffs
vs.
DAVE THOMPSON, DENISE
THOMPSON, and HOME DESIGNS
UNLIMITED, LLC,
Defendants
o7-a39 R
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. CV-0000130-07
CERTIFIED MAIL RECEIPT CARDS
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Bradley A. Walker, Esquire
WALKER & ASSOCIATES, PC
2411 North Front Street
Harrisburg, PA 17110
(717) 635-2050
walker.lawt~comcast. net
JOHN S. JEKOT and
JENNIFER JEKOT,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
DAVID THOMPSON and
DENISE THOMPSON, individually and
And d/b/a HOME DESIGNS UNLIMITED
Defendants.
. NO. d'1 - ~ 3 ~~
CIVIL ACTION -LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you mus# take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance personally
or by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the Court without
further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Lawyer Referral Services
Cumberland County
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
NOTICIA
Le han demandado a usted en la torte. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de
plazo al partir de la fecha de la demanda y la not~cacion. Usted Debe presentar una
apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita
sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado
que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra
usted sin previo a viso o not~cacion, y por cualquier queja o alivio que es pedido en la
petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes pars usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referral Services
Cumberland County
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(800) 990-9108
Bradley A. Walker, Esquire
WALKER 8 ASSOCIATES, PC
2411 North Front Street
Harrisburg, PA 17110
(717) 635-2050
walker. taw@comcast. net
JOHN S. JEKOT and
JENNIFER JEKOT,
Plaintiffs,
v.
DAVID THOMPSON and
DENISE THOMPSON, individually and
And d/b/a HOME DESIGNS UNLIMITED
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. d`~ - ~-3~`I
CIVIL ACTION -LAW
COMPLAINT
AND NOW, come Plaintiffs, John S. Jekot and Jennifer Jekot, by and through the
undersigned counsel, Bradley A. Walker, Esquire, who aver the following:
1. Plaintiffs John S. Jekot and Jennifer Jekot are married adult individuals
who currently reside at 5815 Aspen Lane, Enola, Pennsylvania, 17025.
2. Defendants David and Denise Thompson are married adult individuals
who currently reside at 199 Beagle Club Road, Carlisle, PA 17013.
3. Plaintiffs and Defendants entered into a written contract, dated February
24, 2003 and effective February 28, 2003 (the "Agreement"), pursuant to which Plaintiffs
agreed to buy from Defendants the residential single-family house known and
numbered as 5815 Aspen Lane, Enola, Pennsylvania (the "House"). A copy of the
Agreement is attached hereto as Exhibit "A" and is incorporated herein.
4. Defendants were, at the time the parties entered into the Agreement, and
are currently, in the business of constructing and selling homes.
5. De#endants were selling the House to Plaintiffs as anewly-constructed
"spec" home.
6. Defendants constructed and sold several homes in the development,
Westbury, where the House is located.
7. Relying on Defendants' apparent experience as a homebuilder, and the
fact that the House was newly-constructed, Plaintiffs waived their inspection rights
under the Agreement.
8. Closing under the Agreement occurred on May 23, 2003.
9. At closing, Plaintiffs and Defendants executed an Application for Warranty
with Residential Warranty Corporation (the Application for Warranty and the related
Warranty documentation is collectively referred to as the "Warranty"). A copy of the
Warranty is attached hereto as Exhibit B and incorporated herein.
10. The Warranty provides limited warranty coverage for only limited and
speck categories of potential defects.
11. Defendants, as a matter of course, cause their customers, including
without limitation, Plaintiffs, to purchase the Warranty in an effort to avoid being
responsible for fundamental defects in their homes.
12. The Application fior Warranty contains a blanket waiver of all other
warranties, express or implied, by Defendants.
13. Notwithstanding the waiver of warranties, the waiver language does not
specifically identify latent defects for which the Plaintiffs would be waiving warranties, or
any other language which would enable Plaintiffs to know what they are waiving.
14. In November, 2004, rain water began entering the House through and
around multiple windows on the front of the house and the front door of the House.
15. Rain water continues to enter the House and has caused significant
damage to the House, as well as black discoloration consistent with the formation of
mold in areas of the House.
16. Plaintiffs repeatedly called Defendants to view and correct the problem.
17. Despite repeated calls by Plaintiffs, Defendants did not respond in any
way or attempt to correct the problem.
18. In July, 2005, PlaintifF John Jekot noticed Defendant, Dave Thompson at a
neighbor's property, apparently evaluating a similar problem at the neighbor's house.
19. John Jekot asked Dave Thompson to get out of his truck and come see
the House and the resulting damage which was occurring.
20. Dave Thompson reluctantly got out to observe the House.
21. Dave Thompson recognized and acknowledged there was a problem, and
offered to contact American Siding and Insulation, one of Defendant's subcontractors, to
remedy the problem.
22. Thereafter, Defendants and American Siding continued to be
unresponsive.
23. After numerous broken appoin#ments by American Siding, Plaintiffs sent
Defendants a letter dated August 30, 2005 by certified mail reiterating and outlining the
problems. A copy of the letter and the certified mail receipt are attached hereto as
Exhibit C and incorporated herein.
24. Defendants did not respond to Plaintiffs certified letter.
25. in September, 2005, after repeated phone ca11s from Plaintiffs, American
Siding attempted to apply limited flashing to certain areas, but water continued to enter
the House.
26. Defendants continued to be unresponsive.
27. Plaintiffs engaged Criterium Yingst Engineers (uYingst°) to perform a
detailed inspection of the House on October 20, 2005.
28. Yingst determined that, among other things, (i) there were no sealant
joints or flashing befinreen the siding and stone veneer on the front of the house, (ii)
inadequate flashing and no sealant joints around the windows, (iii) windows were not
installed in accordance with the manufacturer's instructions and (iv) no diverter flashing
around the door. A copy of the Yingst report is attached hereto as Exhibit D and
incorporated herein.
29. The defects described in the Yingst report are latent defects which the
Plainfiffs did not and could not discover by visually inspecting the House.
30. Defendants did not construct the House with good and reasonable
workmanship.
31. Numerous houses built by Defendants (or their subsequently formed LLC)
in the Westbury development have had and continue to have problems similar to
Plaintiffs.
32. Plaintiffs obtained an estimate firom C & Z Construction dated February 9,
2007 to remedy the problems that continue to plague the House. A copy of the estimate
is attached hereto as Exhibit E and incorporated herein.
33. Plaintiffs did not proceed under the Warranty due to the timing of the
discovery of the latent defects and the nature of the defects, which do not appear to be
covered or addressed under the Warranty.
COUNT I -BREACH OF IMPLIED WARRANTY OF HABITABILITY
34. Paragraphs 1-33 are incorporated herein by reference as if fully set forth
at length.
35. By virtue of the Agreement, Defendants, as the builder and seller of the
House, had an implied obligation under Pennsylvania law to sell Plaintiffs a home which
was habitable and constructed using reasonable and good workmanship.
36. By selling Plainfiffs a home with latent defects including, wkhout limitation,
no flashing, sealants or other customary and fundamental materials used to prevent
water penetration in an around windows, doors and stone veneer, Defendants have
breached their implied warranty of habitability.
37. The waiver of warranties in the Warranty is inadequate as it does not
adequately or specifically disclose to Plaintiffs the nature of latent defects for which they
wou{d be waiving warranties.
38. To date, despite repeated requests, Defendants have not remedied the
defects and water continues to enter the House.
WHEREFORE, Plaintiffs demand judgment against Defendants, David and
Denise Thompson, in the amount of thirteen thousand four hundred eighty-six
($13,486.00) dollars, together with the costs of this action, attorney's fees, engineering
fees and any other relief deemed just and appropriate.
COUNT 11-UNJUST ENRICHMENT
39. Paragraphs 1-38 are incorporated herein by reference as if fully set forth
at length.
40. Plaintiffs paid De#endants the purchase price for the House in full.
41. Plaintiffs could not reasonably expect that they would be purchasing a
house without such fundamental construction materials such as flashing around the
windows, doors and transition areas between exterior surfaces which would keep water
and other elements from entering their new home.
42. By receiving payment in full for the House, without including those items
fundamentally necessary to prevent water and other elements from entering the House,
Defendants have been unjustly enriched in the amount of thirteen thousand four
hundred eighty-six ($13,486.00) dollars, the amount estimated to properly install such
items.
WHEREFORE, Plaintiffs demand judgment against Defendants, David and
Denise Thompson, in the amount of thirteen thousand four hundred eighty-six
($13,486.00) dollars, together with the costs of this action, attorney's fees, engineering
fees and any other relief deemed just and appropriate
VERIFICATION
We, JOHN S. JEKOT and JENNIFER JEKOT, verify that the statements made in
the foregoing COMPLAINT are true and correct. We understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn
falsification to authorities.
~' _., , ~
Date: ~ ~ ~ o ~ ~
S. JEKO
/ L
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Maa 15 07 02:39p John Jekot ?17-?66-1281 P•2
02/2772007 18:10 FA7[ 717 852 9261 HOl/ARD HANNA DST -~ PYSO {003/003
STANDARD AGREEMEN'T' 1~OR THE SALE QF REAL ESTATE: A!S•2K
t~ ~es,mo.ni+d.oa.wm,iw 1aa beer aaa retdnr ao ee ear. `omaw r a^ t'seaylwe. Aaeoaaa'ui. otApiusaaas. a.1W.
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(A) Patelrse Price 1T
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whiti,a wri Ik }dl ee Serer *7 EsOer as taBeets: s _ 7 Od d . 1!
1. Cash a a3aecY r iafdr f this Apaemeat zt
2 Cash a elect within T alga of the eseaoaas d this AEmemmt: S ~
3.
4. Cash. cmDier's a oettifled cLeclc r time of seo>Gmmt: ~~ S --~"j~ 00 ~
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(B) Depmbtla 4a1d m acoaaass of putrbsm >~ m be held by Hcolmr far Salk , velar astwwiae stated here: :.
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(C) . Se-er's wrnew approve to be m axbatfattw 2 oc bdae Y Bra and Sores efttt. ~
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~) SetlYment a ba: ao deed dapeolJ ~ uatess oaherwiK atatod bas:
~ Cmveysace $om SaaUer wi8 be by 21
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hetwvxa Buyer and Seller smites otbeewiae atatea base:
(~ paymmil d naoda taxer srif he divided agnslly 71
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wiDDe adjaseed Pm'+ata m a ~y Dank betwea Bayerand Sr]lar, tdmbvem8 wbsra apphnDie: ~+
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est as o>o u
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(C) BXCLUDBD S:ctueea and iteate: u
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eseatted aaod lachadisf tDr last day a[ the time period. aphis Ageemaot sad anal attly he eaueaded M mrioad v+ttaea aRe®eae of
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May 15 07 02:39p John Jekot 717-766-1281 p.3
60 ~ i. MORTGAGE CONTINGENCY (1-02) s
et ^ WANED. This sale is NOT contingent on mortgage finanr:ing. e'
K ~ FJEC-'PID t
e7 A This sate is commgeat upon Buyer obtaini mortgage fusus:ing as follows:. 8;
se 1. Amount of mortgage ban E 1 (~. ~1 o a F
6S 2 ARinirtnan Term ~ O years •-- li:
N 3. Type of matgagc (,p3.-u+~~?~"~ a
67 4. Interrat rase ~.,,. %: however, Bair ayes to aooept the iamneat tau as tttay lx canamittal by the mortgage lmdeG rtes to 6:
60 exceed a maximum interrst rate of b ~S %. !!
69 5. Diacouttt poistu. loan aigtrratiea, loan placemeru and Dater bras ~arged~ the koda ere s pacattage of the mortgage loan (excltrdmg B
70 say matYage iraarance prcntituas err VA funding tee) nut tb exceed % (096 if not specified) of the tttortgage ban. 71
n The inter45t ram and fees pmvisiom taptirod by Buya ato satisfied if a mortgage leader maltta available ro Buyer the right ro guarantee an n
7i irttaest fate at a babes the Maxirnnm IMactt Rate SpaYfxri herein with the peromtage fees at or below the aorount specified herein. Buyer 72
77 gives Seller the right. at Seller's sole option sad as pantittcd by the mortgage !coda and applicable laws, ro contribute finanaally, without 71
7a promise of rcimbrusanatt, ro the Buyer andlot the mortgage lends ro make the above ae»m available to Btrya. 7J
75 (B) Within _ DAYS (10 days if not specified) of the eatxutitm of dris Agtxrneat, Buyer will mdoe a canplasd, wriuen mortgage applitxtion 7s
78 [nr the anrtgage tams specified above ro a reapoasibk rnoctgage lender: 77te Hrslrer ter Buys, g atty. olhes~seise the Bsvker for Seger, n 7e
n antltesiaed eo eerie wirer the slerlgsge 1 der for the purposes o[ snaietirg b the atsrtgage bras pates. n
IB (C1. 1. Mortgage t date O ~,~~1f a trrittert commitment is not roaivcd by Sallee by the above date, Buyer 7e
7! and Sailer agrrx b etRead ~ mortgage onmsoitoeent date tratY Seller ta'atimeea thsAgtawmeat in writing by nalke ro soya: 79
80 2. Upar receipt of a mortgage wtaoiimrent, Buyer will prontpdy defivcr a copy of the casamitraeat ro Seller. , ~ j,,.~ry !6
n 3. Shca has the oprien ro tesmiease this Agreement in writing, at2a the mortgage oommimrent dose if the mortgage wrrtrnitmeor`~~~~f~~h
eY a. is sot valid until the date of settlerrteat, AR ~~ X72
p b. Ice catditioned upon the sale aed at[ttlssuffi of say other property, OR J~ p
M c. Caetaioa any other condition not apccdud in this Agteemart that is Dot satisfied a~/or removed in writing by the mcatgage knda ee
~ within ~_ DAYS after the mortgage eammitmaataate in paragraph i (C) (1). a
I6 4. If this Agreement is laminated ere specified in paragraphs t5 (G~ (L) er(3), or the mortgage ktur is rrotobtained for seulemeat, all deposit tttoniea et
m paid on account of ptachase price will be tenoned to Buys: Buyer wU! be tespont:ibk for enY premiums for atectraaip' lies insaraoce and/a e7
ea title soazch. err fee fa canodlation of sear. if soy; AND/OR any prmuutoe far flood iaurmx4 mine snbsidare inquaax artdlor fire insur- 6e
as anoe with extended coverage. err tyoccliatbn fee, if soy; ANDADR say appdisal fxs sad ~ paid in advmtoc to the mortgage lerdrz 69
!! (D) If the mortgage leoda regairea repels ro the Property, Bn)c wi]!, upon tiecap4 deliver a enPy of the mortgage !coda's tequirwtmts ro Seller. 91
!t Seger will, within ~~ DAYS of receipt of the mortgage kndar's regruremwts, notify Buyer whether Sdkr wilt mate the required repairs !M
92 at Seller's expense. 92
93 1. H Seller chooses a make the required repairs, Boyer will accept the Property and agree ro rite RQ.EASE set forth is paragraph 25 of this !3
>H Agreemem. 91
% 2. ff Seller clrooses Dot ro make fix required repairs. or if Soler faire to nesprrad wiltdn the time given, Buyer wii2, within ~_ DAYS. 0.5
96 notify Sella is writing of Buyer's Chace to ternraate this Agrtsenteat OR make the mluited repairs at Buyer's caperge and with Seller's 9t
97 Permission, which will not be unreraombty withheld. If Sr.Ua deaa Buys peamiasion ro make the tegttired repairs. Bnya may. within 87
w ~- DAYS of SeDcr's denial, terminate this Agrcetnatt, in whidr case all deposit sorties paid on aocount of ptmchase price will be 9e
!! tenoned Promptly to Buyer and this Agroemem will be V01D. %
ten (b7 SelyxAmtst tee
t!t }~ NOTAPPL[CABIE lot
t02 ^ APPLICABLE. Sella Will pay: 102
t0T ^ S , malCimnm, toward Btiycr's casts ere Penmued by the ttr0[tgagt kadei tq
tW ^ -. 1&1
1~ FHAJVA, IF APPLICABLE t06
t06 (F) St is expecssly agreed that rtotwithstartdiog any other provisions of thin contract, Buyer will ~t be obligated ro oompleee tix psmcFtaee a the 106
7m Property desatbed herein m ro incur enY PAY by farhimce of earnest money dgtosits m otherwise unless Buyer has ban gives, in actor- te7
tee dance with HUD1FtfA or VA requtremend, a wri[tea stateaxra by the Fodetal Hattaiog Commissiooeti Vdaanc Administration, or a Direct 100
108 Eodotserrtcm Leoda setting forth the appraised value a< rite Property of not has Aran S (the dollar amount ro 6e te9
t10 located is the sales price as stated in this Agroanent). Buyer will have fhc privilege sad option of proceeding with Wsatrmmatioa ~ the con- i1D
1tt tract withaa regard ro t!x amount of the appraised vahratiat. Tltc appnisod valuetioa is arrived at ro determine the maximum mortgage the fit
tt2 DePartmen at Hoesing and Urban Devdopsrreat will insure. HUD does not werrrru the value not dre ceadRion of the Property. Bayer ahouki 1ti
119 satisfy hitnsdf/hersdf that the price and condition of rho Property arc aoceptabk. t17
174 Warafog: Section 1010 .of Title Ig, US.C., DepaAnteat of [dousing aed Urban Devebpmertt and Federal Routing Administration t1a
its Transactions, provides.'"Wlaever for the putpttae of ...influencing in any way the solos of streh Depacnrteat, make,, Passer, utttas or pub- rte
tt6 lichee any ataumerrt, knowing the carne ro 6e fake ...shall lx brtcd urtda ibis title atitttpriaaned Dot more Bran two years, or bdh." 1t!
t7 (G) US. Departtnestt of Fiouuhtg sad urban Desdopment (EfITDy NO'I'ICL TO PUBCIIAS)BFS: Btrya1 Adraowledgensent t n
n8 ^ Buyer has rettivcd the HUD Notice Far Your Proxctioa Cox a Home
ti! Ltapersbona). Buyer uttdesatattda the' ~O°" (~ Notions and Iafeaawtioa an Property Condition 110
nnporlancc of gertiag an irtdepeadent hoax insperxion grid has thought about this before signing [his ti9
tie Agroernear- 120
121 Buyer's laiiia)s Dam t21
122 (Hl C,ertiBauila 1Ve the tmdersigoed, Seller(s) and Buyer(s) patty w this transaction each oatify that the terms of this connect for purchase arc 122
127 ante m the best of our knowledge and bclie$ end thnz any orbs agreermerrt entered into by any of these patties in comtection with this tnnsaa iii
12t lion is attached ro this Agreemem. 12a
1m 7. IIYSPECfIONS (1-02) tzs
126 (A) Sella agree b perms rnspections by aslbetized appaaisas, repnt:drle aRifiers, iostrner's reptcsaastives, surveycss, mwsicipd officiaht and/or tie
1z7 Buytx m may he togaired by the matga®e leader, if en , or imurin
Y g . seller ftndra agrees to permit any orbs irrspations rerprired by tt7
tie err provided fain the terms of this Agroenxat Buyer has the righu ro spend ail inspections, tze
128 (B) Boyer tesaves the tight ro make a p[osertirincat welt-t[nargir impectioa of the Property. Buyer's right to make this inspection is trot waived 129
17o by any other provision of this Agroanertt t70
171 (C~ Sella will have heating and all etititiCa Curcluding fuel(s)) oo far the inspections. tat
17z (D) All inapeaars, iochxYog home inspectors, are authairrd by Bu3rr' ro provide a copy of say reports ro Bmka for Buyer. t22
f 77 8 PROPSitTY INSPS(,170N COltIT7NGENCY (1-0~ t37
i7a provisions of this Agreement auy provide for mepecoionc aodlar certitrcations riot are sot waived or allaod by Brrya's dection here. 19e
176 WAIVED. Buyer uoderstandt that Buyer has the option u. rcytreat irppootions of ate Property (sue Property Lrspcaion Natim and t35
t~ EovueeuornW Notias). BUYER WAIVES THIS OPTION and agtrxa ro thn RELEASE set forth in paragraph 2S of this Agrxarcnt. t7s
t77 ^ ~ ~^
187
t9e (A) Within DAYS (15 days if not spedPed) of the exegniorr of this Agroament, Buyer, at Buyer's etrPense, may dtooac ro have irapx- 130
t79 Lions andlot oatifi,cations completed by licensed err otherwise. qualifxd ptofeaeionNs (see Property Ltr~ection Notices and Fmvironrnrntal t79
tat Notices). 71ris cartingency does nor apply ro the following existing ooadtfioas artdbr items: tIo
tat
tat
tat {B) Should Boyar ek>ct ro have a home igspoctiotr of t~ Proprxty, as defnted in the Penmytvania Homo Impaxiea Law• (sae hrfamration Regarding tae
tp dx Horrte Iaspcction Ixty) such home intperxion shall ba perf«mod try a fop member in good standing of a national bonne ioapcction aaxoci- tea
ia4 atioe, or by a person snpetvised by a toil member of a national borne inepoerion auociazion, in aocaduxe with the ethical and code 1a4
ts5 of rxticJ of that assxiatiau, ~.~C t~
tae Bayer IoitiaB• (` A!S-2K Page 2 of 8 SeBcr Ialtlais: Y- tab
May 15 07 02:39p John Jekot
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717-766-1281 P•'I
(C) If Buyu is not satisfied with the condition of the Prapaty a: stated in any wrilte.A report, Buyer 'R'ill: t4
^ opflm I. withka the time gMea for omnpidiog iorpecdotts:
I. Accept the Propety with the infamRion sated in ~k report(s) and agree m the RELBASE set Earth in paragraph ZS of this Agncamettt, OR 1M
tx
2 Terminese this Agteeraat in writing by entice m Setter, in which case all deposit monies paid on account of purchase price will be rclumed t5t
promptly m Buyer and Chia Ageanenl will be VO1D, UR 15
3. Enter into a ltattttafly acceptable writlea agrearmnt with Seller providing f« eery repass or improvements m the Prop«ty andlor any crctlit 151
to Buya u actUetoent. as may 6e acceptable m the mortgpge lardu; if any. 15l
ld rSfarta to reach a mutually acceptable agreeatntt fail, Buyu enact chews m accept the Fmpecty «u2m)nate this Agtocmeat wN4ia
Sh 75[
ou
the time given far oampletag mapeetioaa and acca ding m the provisiam in paragraph 8(C) (Opton 1) 1 and 2. 15t
^ Option Z~ ~Yitlwl the 7Snne giren for compreting ir>gset,boast 756
1. Accept the PtnptYty with the inforatatioo stated in the rcport(t} and ttgtee m the 1LFLEASE set forth in paragraph 25 of this Agrtxment, 1b7
UNL.FSS the total coat m correct bite woditioas eontaitted in the ncpon(s) is 1nt1rC than i 151
2 If the total wst m correct the conditions contained in rite report(s) E)CCE~S the amount specified is paragraph 8(C) (Option 2) 1, t59
Bayer wilt dNlver the report(s) to Seiler witiiu dre time ghm for baspection. 7W
a. Seger will. within ~_ DAYS of receiving the report(aJ, inform Buyu in wtitittg of Seller's circles m: 16t
(1) Make repairs beforo sAtlegtea[ so that the I~ttaittiag aost m tepee condiltoos c«aained in the rsprxt(a) is less Ihatr «etlrral m 102
the amount apeeifiod is paragraph 8 (~ (t~ttion 2)1. 1W
(2} ~.P' Cdlt BLLYCC 8l aClflpnvlt fOr tllC [CC hdWCdl B1C CBflmWtd Coat Of rCpai[Itlb tI1C COndltl~la COnfalnGd in tl1C r!p«L(a) 16{
and the amount speafied in paragraph 8 (C~ (Option 2) L'1'his optiaa<tmut he acceptable m the tttostgage lei if any. ti5
(3) Not make rrpaea and act credit Baya at settltxoatt pot any costs m sepaa condieona contained in the report(s). 166
b. If Seller chooses to malts repairs «credit Buytx at settlement as specified le paragtapit 8 (~ (Option 2) 2. Buya will adapt the tai
Property aced agree to dte RELEASE sa forth in paragraph ?S of this Agroanatt. 7a8
c 1£ Sella dtoosea not m cactus repair and not b rndit Bayer at sdtleatmt, «lf Seller fafk to chose any option wt>bin the Woe 169
gitso, Buya will, within ~_ DAYS: 17a
(1) Accept the Property with the infon6tadon Rated in the report(s) a~ agree m the RELEASE act forW in paragraph 25 of thin 17t
t QR t72
(2) Temrinate this pgreematt in writing by mice m Sella, in whidt case all deposft ntasus paid on axottd of purchase price will 177
be rcnuned preanptly to Buya and this Agreement will be VOID. 774
9. INFESTATION INSPECTION CONTINGENCY (1~) t75
WAIVPD. Buya andcratartds that Brayer hat t~ option m terln+S1 thatthe Property be inspected for wood infiestation by a certdled PeR Control 776
Operator. BUYER WAIVES THIS OPTION and agree m the RELEA5E set f«th in paragraph 25 of this Agreement. to
^ rte
(A) Vfu6ia DAYS (IS days if act specified) of the exxutioa of this Agstximwty Buya, at Brryer'a exponae, will obtain a writga "Wood- 7 7!
Destroying insect Infestation inspection Report fittm a txRificrr Pest Control Oprrarar and wig deliwx it and all snppartirtg doatmads and ta0
drawioga provided by the PeR Control Operat« m Settee The repeat is m be nladetatiafactary mend m eompliwtce wilt applicable rawa, rtmat- tat
gage lenders, aod7« Federal rnsuriag and Gttaratreciag Agatcy rcgttiromerrbt, if coy. The ittapaxiert wig include all readily vaible and 782
acoesaililc areas of all abucnara Oa rife Propmy except the following sntsc4rtes, which wt7l not be inspected: tag
1q
(B) If the irupcction morals evidence of active infeatatioa(s), Shcu sgtaY, at Seller's expense and before settlentatt, m treat for active infests- tar
turn(s), m aeoordaace will[ applicable laws. tai
(C) If the ittapoction mosaic datnsge from active infeRatioa(a) «p~evious infes<atioa(s). Buyer, at Bttya's ettpense. bas the option m obtain a writ- 187
ten reprnt by a profeasanal conaactar. home impaction service. «strucmral eogima that is limited to swtxtttaT damage m the property caused tea
by wood-datroyiag organisms and a proposal m tepaa the damage. Buyer will deli«er the anucnual damagCC report and careAive propoaal 60 789
Seller within ~_ DAYS of delivering the aaiginai impedioa n.parr. 79a
(D) Within _.~ DAYS of moeivmg the atttr.Wral dame®e repot:sod corrective proposal, Seltu will advise Bttya whether Shcu will repair, at t91
SeBer'a eapmae and bef«e satle~tent, any stntcarral damage fiotn active «pevious infesmtioa(a). 7ffi
{b7 rf Sella chooses m repair atrtrenual daatage mvealod by thereport, Bttyar agtoes m accept the Prnpaty as repaired and agrees m the RELEASE 193
set fath in paragraph 25 of this Agreanent. 79r1
(FI if Seller c(looses na m repair suttctaral darrytge reveaiod by the repot or fttiis to t+eapoed lalthlu tke tiara gFcen, Buya. witltin _~_ DAYS, t!s
will notify Seller in writing of Htrya's choice m: 196
1. Accept the Proputy with rho defects mvnleA by the inspoeticta, without abatement of prig. and agrtx m the RELEASE set forth in pare tai
gr'aPh ZS of this Agmement, OR 190
2. Make dte repairs before settkateat, if regttieed by the mttngage leader, if ate, at Buyer's expense and with Seller's pamiasion, which wiU t!9
act be unaeawnaMy withheld, in which case Buya aaxiNS the Pmpeny and agrees m the RELEASE set fordr is paragraph 25 of this 200
Agrtanatt. if Seller denies Buys ptrarsecia m make ttw repairs. Buya [nay. within ~.,_ DAYS of Seller a denial. temtirtste thin rat
Agtxment in writing, in which cane aR deposit monies pain as aceortnt of pttrclgae pritx wit! be tehrrnod prtanptly m Buyer tend this Tat
Agreement will be VOID, OR t6a
3. Temtitutle this Agceemmt, in which case aU deposit mtaliCa paid O/r aanmR Of purchase peito wig be re4>tacd promptly m Buyer and TM
this Agreement wi]1 bo VOID. zas
10. R~SIDffi~fITAL I.FAD-BASED PAWT HAZARif RFDUCfYON ACT NOTICE REQUIRED FOR tROPFItTfE4 2e6
B T BEFORE 1978 (1-02) ten
0~ NOTAPPL[CABLE zee
^ APPLICABIE 2H
(A) Setks• eepsrurats that Sella has as kaowledgo omecuniag the ptraence of lead-based paint andkr lead-based pea[ hazards in «abaR the 219
Property, ttatass choked below. 2tt
^ Sella has knowledge of the pracace of kxd-based paint ~trl/a lesld-based pallor hazacda in ar about the Property. (Provide the baaia f« 2t2
dderrninittg thatload-based pairu attdla hazards ex>:t, the locatioa(a), The caodid6n of the paittoed sttrfrtees, std other avai)abte inf«rrta- Tt7
uoa oonarniag SeBa's knowledge of rite patxertoe of lead-based paint attd!« kxd-based palm hautdsJ 2u
2t5
(B) RtxotdaiReparts: ScBa has no teptuta or rtxotds pertaining w lead~based paint mdlor lead-based paint hazmds is «about ebc Property, 2t6
unlew checked below. 217
^ Sella has provided Saya wish all avatlabk ceoads cad reports pertaining mlead-bated paint and/a~ kid-bated paint hazards in or about ire
the Proptxty. ttSst documents) _. 2t!
. 226
(C) Buyer's AcleaowlMgsnsmC Buyu has received the pmtpblct Prared Yew Fmnify jronr Lead 'rat Your Rarte cad has ccad the Lead Warning 221
S'tatmnxu atrdainod in this Agroatteor (sin Environmental Notices). Buyer has reviewed Seller's diaclowrc of knawa lead-based paint aad/« T22
lead-based paint hoards, as idaaified in paragraph I Q(A) orb has tooeived Hre records and reports pertaining m lead-based paint and/orlead- 227
based paint hrrrards identiLed in paragraph 10(B). 224
Buyer's IrtiWtis Date 225
(D) RiSRA9S0.95MIdNT/IIVSPECI'fON: Brayer ackaowlalges thta before Buya is obligated m buy a residential dweUiagbuikbefae 1978, Buya 226
Ina ~, DAYS m rnnduct a dale apeaanau «imperzim of the Property far the praseace of Ind-based paint anN« kad-booed paint beards. 227
^ WAIVED. Bnya wtdersmads that Buyer has the right m candttd a risk taaaaneat «inspection the Property to deWtoine the pmaatce of 228
lead-Isssed palm andlor lead-based paint hatarda. BiJXF7i wAiVFS '17IIS RIGHT cad agrxs m rite RBLP.ASE six fottlt in paragraph as of 229
this Agtertrtent 270
^ 11.EC1'ED 231
1. Buya, at Bnyu's expense, cho«rs to obtain a risk assessnaertt attdl« inspection of the Property for teed-based paint andf lead-based 23z
' t bar s.1 ment andl« inspection wiA ire totryrleted within _1Q_- DAYS of the execution of this A 277
Bu7er'Iritiala:~ ~' A!S-T7CPage3d8 Segerlnltiats:4 224
Ma8 15 07 02:40p John Jekot
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2. Within the tbmo act tenth above [or oblaitaiug Cite risk aswaatnent atttUar utspa2ion of the Property fir lead-bawd paint
Imd-based paint bararda, Bttyer may deliver to Setkr a written list of the specific bazardoers epnditi~s cited in the report and rhos
cotrectitxts rogaased by BuytX along with a cePY of the risk assessment and/or itapetxart report.
3. Seller may, within _~ DAYS of receiving the Ii:R and report(s), sabmit a written cotroctil~c proposal a Buys: The aulerxive
will include. but not be ltmited to, the name of the tetnexliatim eompaoy and a projected completion due foe ootrotxtve ttteaaues. S
will provide ccrtiGation firrnrt a risk assessor a iasltcexar Thu eonectivc tneasetta have been satiafactotiiy completiod om m before
Projected coatpletiom date.
4. Upon recavimg the aottective proposal, Brayer, within __~. DAYS. will:
a. Accept the rnrrective proposal and the Propxry in writing, and agree a the RF.[PASE set fortlt in paragaple 25 of this Agttxasern,
b. Terminate this Agteenutn is writing, in whiede case aQ deposit monies Paid an account of purchua price will b¢ :edxncd pro
to Buyer sad this Agta+emmt will be VOID.
5. Shookl Sdkr fa7 to antrmit a wtittm corrective proposal within the three set forth in paragraph 10(D)3 of this Agreerttettt, B
within ~,_ DAYS, will:
a. Accept the Property in writing, noel agroe to the RI';LEA.SE sex Earth is paragraph ZS of this Agcoemtea4 OR
b. "IS•rsoittata this Agreetmea in writing, in which case aU depait monies ptid on arxount of purchase pritx an71 be rWtrned pmmptl
to Buyer and dtis Agneantmt wil! be VOID.
6. Bayer4 [aiure 9o ezetrime arq of Buyer's opliaaa within the time Moils apa~ied is thic paragraph 4riY areb3ptse a WAiVBR
this aaotmgtutey and Bayer aatotpts thcProperty and algmrs to lire RELfiASE set lath in paragaph tS of titia Agraateat.
(EI Certl6eadw: BY dgtring this Ag:oematt,'Bmyer and Seller e:ettify the axuraey of their tapective atan'trtenia. to the best of their know
11. S'GT[1S OF RADON (i-02)
(Aj Seger rspraeerHa that Seller has no ktawkdge ooteoattbtg the presence or abseooe of radon unless checked Ix1ow.
^ 1. Seller has knowledge that the Property was fatal art the dates, by the rtetitoda (erg., charcoal canister, alpha track, rue.), and
tiu results of aR tests indieated blow:
DAZE TYPH OF TEST RESULTS (pieocurieetiter err wohing kve3a)
COPIES OP ALL AYAIIABLE TEST REPORTS will be delivered a Buyer with this Agrenneatt SL•l,L~t DOES NOT WAR
RANT ETIZ~ll THE METHODS OR RBSU17'S ~ THE TESTS.
^ 2. Seller has knowledge thu the Property undenvcnt radon redaxtiom treantres oo ttu dose(s) std by the rmrthod(a) indicated below:
DATE RADON REDUCTION AiE'TFIOD
RADON tNSPE((-1ION CON[IIriGFNCY
WAIVED. Bayer umdastuds that Httyer hu the option w request that the Praprtty be iuepocrod for radon by a certified imapoceor (stx .
mental Notices: Radon). BUYER wAIVFS TH6S OPTION and agues W the RELEASE sat fmnh is p~magraph 25 ofthisAgnxrnmt.
^ BLECTED. Buyr; at Buyer's espeau, hero the optima to obtain frost[ a oerti6ed iopocta, a ton test of the Property, sad will ddiva a
of the nest report b Seiler within DAYS (l5 days if a<u specified) elf the el(octitiom of this Agtoentetu. (See EmviremmenW Notices:
Radon)
i. if tlu test report reveals the presertoe of radon bdov: 0.02 working Levels {4 pioocuriesAiter),Buyar accepts flu Property std agree to
R6[LtASB aCl fortis In Qaragaph 25 of this Agreerneac
2. Nthe teat report revaa-s the preatnce oaf radon at err eaccediog 0.02 wmrJting levels (4 pieoauiaJliter), Buyer wiU, within ~_ DAY3
of receipt of the feu tesdu:
^ Optl~ 1
a Accept the Pttrperty in writing and agree m the RELEASE set loath in paragraph 25 of this Agtoemaat, OR
b.. Terntimate this AHoeeaaattim writing. in which case sR deposit monies paid om aocountof parcltase price will be retutrred Promptly a Buyer
send this Agtneroeat will be VOID. OR
c Sttbttrit a writen, carauive proposal to Seller. The torective pmpossl will include. hot not be limited 00, the rrerte of the oatifxd miti-
E~ Y: provitriats for payt>xnt, ittcdltdmg neacsts; and a projceted compktian date fm rnn+ective measures.
(1) Within .~_ DAYS o[ rocavimg the corrective protan:al. Seller wt11:
(a) Agree to the terms of the etOrective propts.~J in writing, in which case Buyer accepts the Ptopaty and agues to the
RELEASE sec lath in paragraph 25 of this Agroexttemt, OR
(b) Not agree to the 4xms of tba oaemetivc proposal
{2) Should seller not agree to the [emu oithe corrective proposal or if Seller [elk to respond 4tithht the time given. Buyer will, within
5 _ DAYS, ales oo:
(a) AootPt the Property is writing send agroc ten the R1:1.EASE set fmnh im paragraph 25 of this Agrecrmcnt, OR
(b} . Texmimate This Agreement in uniting, in which tax all deposit crannies paid on aoooemr of purcluae price will be rUmned
promptly to Buyer and this Agrtxtttetrt will be VOID.
^ Opfisa 2
a. Accept the Property im writing and agree m dte RELEASE sett forth it partgcaph 25 of this Agreematt, OR
b. Submit a wtiaea coorertlvc propmeal to Seiler. The cotncctive proposal will inedude, btu tat be limited a, the name of the satifitd rtati-
gasioncompany:provisions far payment, incitrdiog hats: and a projected emmpletion date fa oomective mcaatnrs. Seller will pay a mu-
imum of S toward the fatal cost of ttaastiatioa and ruts. which wi[I be exxnpletM by cettlrnteat.
(1) 1f rite bras east of mrtefiation and mtats EXCEEDS tlu amoaat specified is paragraph ]l(B) (Option 2) b, Seller will, witl»n
~, DAYS of receipt of the Doer of remediarian, notify Buyoer is writing ad SeBa'a choice to:
(a) Pay for the total cost ~ remediatimn and rewests, in wllitdt sae Buyer aeoepts the Property and agrees at the RELEASE act fort}[
im patagraph 25 of this Agroentent, OR
(b) Coneribuu toward the total cast ttf retmeedia4aart and relesa ody the amount specified in paragraph 1I(Bj (Option 2) b.
(2) ff SeOez ctaoses tat to pay for tiu total ~ of mnedi+uiea sad rtxcsa, or if Seller fadY in dtaeae raBrer aptl9n 7rHhia the time
glt+m, Buys will, withiq„~,_ DAYS. rarity Solltr in writing of Buyer's choir to:
(a) Pay the dif[erertce between Seller's cemtribtaiat to relnediation etd meals and the acttrai cost thenaf, in which case
Bayer aceepts the Property and agttta W ttu RELEASE set forth in paragraph 25 of this Agcranen4 OR
(b) Tenmirtate this Agreemrnt, im which case all deposit rmomies paid on socottm of pordtase price will be returned pmmptiy
to Buyer noel this Agrcemrat will be VOID.
IR. 3TAT[IS OF WATER {1-02)
(A) rtgtrrsenu that the Property is served by:
Public Water
On-sift water
^ fbmmuniry Watu
^ Neese
(s> wATe1Q sr,RV[c~ nasPECTtorl coNrnv4;>~vcsr
^ WAIVED. auy« adtnowkdga that Buyv has rite option to rrrprexl ao ittapection of flu warx service for ttu Prolxaty. BUYER WAIVES
THIS OP170N and agrxs to the RELISASE set fad[ in paragraph 2S of Ibis Agreattent.
^ ELBCIED
1. Buyer has the option, within DAYS (IS days if not apecifie~ of fix exaanian of this Agtetateat and at Buyer's expense, to deliver
to Scher writaerr inspection report by a quati6ed, ptofessieaeal water tatLtg cattpany of the quality at>dlor quantity of the waur sexvioe.
a7'K Irdlialx A/S-Z1C Page 4 art S Seller ~~;
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May 15 07 O2:41p John Jekot ?17-766-1291 p•6
323 ~ 2. Seller agttfea ro locate and provide sores ro the at-cite (or atdvidael) water system, if applieaWe, u Seller's expense, if toquired by the 32t
x24 iaapeaion company. Se![a also agrtYS ro nseore the Pnfpaty, u 5ellcr'a expense, prior ro setttenaertt. a2~
3z5 3. if the report reveals thu the water service dux not mxt the arhfiman sleadsads of say applicable govermoeutal atnlarity atxUor fails to 32t
x26 satisfy the requirements far quaUey and/or tlaaadty eat by the moAgage hinder, if any, then Seller will, witfriq,l_ DAYS of texipt of alt
x21 the mPm• notify Buyer in writing of Selta's choice ro: 327
326 a Upgrade the watnr service ro the minimum acxpt:thh; levels, before settlemmt, in which case $uya accepts the Proputy rind agrxa alt
329 to the RELEASfi sd lath in paragraph 25 of this Agreement, OR x29
3x0 b. Na upgrade the water service. 830
sat 4. If Seller chooses not to upgrade die aorvix w mirrinumt acceptable lcvek, a faUf ro respond within the tinne glren. Buyer wir4 within Sat
3x2 _,~ DAYS, eKtax: 3x2
x89 a Aceept the pt+opetty and the water serrtioe sod, if required by the mortgage leadrr, if arty, andlw any govL7nnteatal aurhoriry; upgrade x33
394 the water service beforo Setderrlent «within [he time requited by dfe tmrtgage lender, if any, atd/or any govemmattal authority, at 334
x35 Bnya'a expeoee and with. Seilsx's pmrtiasion, which will not be nnreaseaably withheld, std agree ro the RELEASE sa fanh in pare- 335
3x6 graph 25 of this Agrermart. If Sella denies Burr pt;{misaion ro upgrade t!e water service, Buyer rosy, vrithirt~~, DAYS of 336
937 Seller's deatial, terminate this Agreetrreat in writing, in which case aQ deposit trrotries paid on attrouM of purchase price wiL be x37
x36 returned ptanptfy ro Suya and this Agneemeal will be VOID, OR 33t
8a9 b. Ttrtniaate this Agtatrrem is writing, in which cast al[ deposit trtoaira paid on account of pu:cltase prix wi11 be mumod proayKly aa9
348 ro Huya and this Agrxmeat will be VOID. 341
a4t 13. STATUS OFSEWF.R (1-02) a4t
342 (A) rep[aents that the Property is saved by: 342
a4s public Scwa 343
x44 (~ individual Oo-la Sewage Disposal System (See Sewage Notice t) x44
x45 ^ individual On-ter Sewage Disposal System in Ptusrimity to Wdl (See Sewage Notice I: see Sewage Notice 4, if app]cable) x45
346 ^ Community Sewage Diepoca1 SY~ 34i
347 ^ Ten-axe Peratit Excrrrption (See Sewsge Notice 2) 347
341 ^ Hording Tank (Sa Sewage Notice 3) a4a
aN ^ None (See Sewage Naive ll 349
x56 ^ Noce Available/Permit Limitations in Effort (See Sewage Notix S) 361
~t ^ .. 3st
352 tB) INDIVIDUALON-LOT SEWAGE DISI?OSALINSPSCITONCONTIlriGENCY 952
ass ^ WA1Vi'.D. Huya arJmowlodges that Buyer has the trption ro aqueat an individual ao-lot sewage disposal inspection of @fe Property. BUYER ass
954 WAIVES THIS OPTION and ageeea ro the RFLEASB sa fartlt is paragraph 25 of this Agrxnreat ago
~ ^ 13,BL1fiD 355
356 1. $ttya has the option, withiq DAYS n S days if nor sped6ed) of the examion of tltis Agreement aad at Buyer's expense, to x56
35t deliver to Seller a written inapcetioa tiepott by a gaslifred, luofpsional inspector of the individual oo-lot sewage dupasal system. 357
a6t 2 Seller; at Seller's expense, agrees, if and as [eguifed by the inspection compattq, ro locate, provide access ro and empty the individual co- x56
359 la sewage disposal syetenL Se34s also agrees m testae the Ptopaty, u Sellds expelsc, pmt ro settlttrrtai 359
368 3. If the report ravels dcftaa that do not require etcpansion « repiatxeneat of the existing sewage disposal system, Selhx will, within x68
Nt _Z„ DAYS of receipt of the report, notify Bayer io writing of Selhr'a choice to: 361
312 a. C«I[xt the defects before aetllerxfeal, including tctesLS, e< $e$N'e arpraae, in which Caere Buyer aDCCp1E dcC Property and a$[OCS ro 312
9ia the RELEASE set foRh in paragraph 25 of this Agrounent, OR 983
9W b. Not Contact the defects. 364
x65 4. If Seller chooses trot to ceaect the d~'eeta, a if Seller Odls to rttsp0nd wifhia tie time giveq Buyer will, within .~_ DAYS, cith~ar: 366
366 a. Acxpt the Property and the syatan and, if required by the mortgage lertdes; if any, and/or mY govermnrntal atuthority, correct the x66
967 defects before settlement « within the bate ttsluiretl by the mortgage fender, if arty, and/or any govattmagat authority, at Buyer's 361
361 sole expense aad with Seller's poratission, which will not bo ttareasormbty withlteid, and agree ro the R$I,P.ASE set forth in pacer- 368
x66 graph 25 of ibis Agteurtent Zf Shca dories Buyer pcrwu~on w eaeect the defects. Buys may. within _~ DAYS of Sella'a 9p
x78 dertia[, terminate this Agteaoettt is writing, in wltit:h case a{i deposit aronirs paid oa account of purchase prier will he remraed 310
m prarrrptly ro Buyer and this Agreetent will be VOID, OR
3N
x72 b. lixmirtate this Agreement in writing, is which case all deposit crania paid oa aooourrt of purchase price will be mottled 972
a7a pmagtfly ro Buys send thin Agreement will be VOro.
x73
x74 S. If thereport reveals the nerd ro expand or ttplace the existing ittdividusl m Sot sewage disposrtt system, Seller may, within .~ DAYS 374
975 of receipt of the repro; submit a ca[rraai3ve proposal to Buyer. The correctite proposal will include, bar trot be fitnited ro, the resole of the 375
376 renrodiuioa company: provisions for paymerrt, iradudinp; retests: and a pmjated dale f« camtivre meawra. tiVtthsr 376
x77 ~ DAYS of rexfving Seller's camxtive pmpocal, «R' ao corrective psgro9ei k eeadved wlttitn the there given, Buyer will: x77
378 a Agrtx ro the sa:rns of the cotteaive ptopeeal, if say, in writing, in which Cate Bays acupta flee Pmpaty and agrees ro the Rk1.FASE E78
379 set forth in paragraph 25 of this Agroerrfwt, OR
x79
a9/ b. Atxept the Property and the system std, if requirar by rte mortgage lender, if aqs atd/ar any govanmer~! authority, cot>'ect the 310
x91 defects before sdtkmertt or wittdn rife tune required try the rrrortg;ge letrdcc if any, ataYa eery gavamraerttel authority, at Bayer's 311
a6z sole cxpeore and with 5e0a's pattrission, which will not he am~oably withheld, and agree ro the RELEASE set fartlt in pore- aaz
x93 graph 25 of this Agrsamcat. If Seller denier Bayer pttimiasian w oorfect t1e defecfa. Bayer rosy, within ,_~ DAYS of Shcer's 9x3
x64 denial, terminate this Agtewrerft in writing, in which case all deporii mania paid on atx!otmt of prnChace prix will be rcbnned 384
eras promptly ro Buyer sad this Agreement will be VOID, OR
385
_
case ~ deposit monies paid on aCCOtmt of purdutae prig will be retorted promptly
~ w
m 3x6
x17 and this'' Agraarfe»t
wiA be VOIi). 96i
381 14. NOTICES, ASSF.SSbIENTS rI< CEirITFICATES Of? OCCUPAN4'Y (1-02j ~
as9 (A) Senor tepreseau, as of Seller's exetaxion of this Agreernmt, tint no public impmvmtcat, condominium or homeownrx associaticm assrgsmerda 369
990 have been made against the Property which remain uapsid, and that no notice by any govemnfeat « public mthoriry hu been served upon x98
39t Seller «anytme on Self«'a behalf. inclrtding erotica rraaeng to violatiaos of zoning, housing, building, safety «fue ardittmu:ea which ranain 3!t
~ unrorreCted, acct that Sella knows of no condition that would constitute violation of eery such ordinances wlticlt remains urtxrrected, unless age
393 otherwise specified here: ~
x94
394
x96 (B) Seller laowa of ao otitrr potential notices (incltrdiag vidatiares) and xsseasmmw except u follows:
__- 395
~ a!6
x97 (l;~ In the erad any notices (inchulirfg violstietfs) and asseasmeots ate received afbc execution of this
AB-ce°x+k sad before acttkrra:ot, Sctkx will 391
x98 notify Buyer in wthn within
g, _~ DAYS of tecxiving the ratio: or assasmcat, that Shca will: ale
369 1. Comply widt notices sad assasmetAS at SeUrr'a expense, in tivhich cans Buys accepts the Property sad agtacs ro the RELEASE set forth 391
410 in paragaph 25 of this Agreeureat, OR ,~
481 2. Not comply with notices sad assnssmwu at Seler's expwac. ~
412 3. !t Seller citooees nor to comply with aodces and ascasmems, «fdls witiha tie lime give b eati<y B4tya' u SeAer mil rnmpiy, Buyer 462
40.9 will notity SeOa within _ ~ DAYS in writing that Huya will either: ~
4N a Comply with notices and assessmeatr u 13ttyec'a expense a,d agree to the Arn i+a cr: set Earth m 25 of this A
L gteeaferft, 0It
464
468 b. Terraioate this Agrtxnfeot, io which can cep deposit monies paid oa aocatot of purchase price will be returned P~t~Y ro Bnya 485
a6 and this Agtnematt will be VOID. ~
407 If Bayer falls to notify SeNcr witlin the three given, Buyer soeepfs the Propay and to the REI-IrASE eat forth m Ipra- N7
ere grapi 2s athfe Ageemeni
486
469 (D) Buy 's 1 acct Zhu ,~ pttbtic road may require isntaox of a highway occupancy p4rmit from the Department of T tics 409
n6 Buyer A/S-2K Page s d 8 Beier lnithds• D~ 4ta
May 15 07 02:41p Jahn Jekot 717-766-1281 p•7
tit (E) If rcquirod by Iaw, within ~~ DAYS of the execution of this Agtwaxit Seller wit! order for delivery w Bttya. oa or before settkuriatt:
ate 1. A eertifiration ftrrm the appropriate rtitHriapal delNattarnt ar departments disclosing notice of soy uttcarected violatrona of zoning, hotts-
as ing, btiiklimg, aafery a fire ordinances, AND/OR
Ito 2. A cer66catc ptrmittiag Oocuputclr of tht Property. [B tlx: event nepaitalratprovemeats are required far the issuance of the certificate, Sella
at5 will, within ~_ DAYS of Belle's receipt of the tequireDteuts, notify Buyer of the sequirtrrxnts aitd whether Seller will stake the
118 requited repausJimprovemertts at Setla's cxpetrsa.
n7 if Sella cttooscs w make the inquired repain!unprw~eataits. Bttyrcr agar w accept the Property as reprizcd and agtces w the RfiLEASE set
eti forth in paragraph 25 of this Agreement If Sally chooses not w make the regrriind aepxxirs/improsroarnts. Buyer will, within _,~. DAYS,
119 rtotify Seller is writing of Buyer's choice w terminate this Agreerornt OR maloc the repairs(tmprovcments at Buyer's expetrse and with Seller's
e28 pamisaioq which will rtotbe tuuemomably withheld. If Seller denies Buya permission to trialce the regtriretl repairs or RStt9eYfaik b respond
alt within the thoe giYen. Btrya may; within -~,._ DAY5, tenuittete this Agrrxment in writing. is which eau all deposit monies paid on account
422 of purchase price tvill be returned promptly to Buyer and flrix Agacment will he VOID.
tt3 1S. T1Ti.E, SURVEYS & COSTS (1-02)
62t (A) The Property is to be otinveyKd free std clear e~ a0 liens. «tcurobrareee, and easerncnts, EXCEPTING HOWEVER the following: existhtg
425 eitxd tcstrictions, historic pnxcrvation rs:striuioru or ordimacea, building resttiGions, otdinaooes, casements of roads. eaaenrents visible tipam
426 the Bound, aaserttemis of recwrd, privileges or riShta of public service oanpamies, if arty; otherwise the title w Ore above described real esma
427 will be good and tnadcerabie and arch as wit! be iastrred by a reptrmble Title hisurmtce Comirrny at the regular rates.
420 (B) Btrya will pay fern the following: (1) Title acarrh. title instuarrx and/or mechanics lien iostirattee. or ftx far cancellation of sattae, if say;
428 (2) blood insurance, fire instuancc with extended rnveiage, name subsidertoe itistitattce, a fee far canodlatlon of sane. if any; (3) Appraisal
438 fen and charger paid in advatxe w matgalro lender; if any; (4) Buya's auwttiary settlement coats and accruals.
437 (L7 Amy survey ar surveys which may be required by the TSUe hLwuana Cormpaay or the absaratdBg attorney for the preparation of r rtdequete
432 legal description of the Property (a'the cerectian thereol) will be seaaed and paid far by Seller. Any survey err tarrvcys desired by Buyer ar
ass rr4tirod by the mortgage leads will be accord amd paid for by Buyer.
4~4 tT)) In the went Seller is unable: w give a good and ttwkembh: title sad attdi u rvrll be itnured by s reptrtable Title Compmiy at the reBuhtr ratan, as
435 :pacified in parngmph 15(A), Bu}u will have the option of (1} taking saris title as Seller can give with ra change ro the purchase prier: a (2) bang
438 repaid al! ntooirs paid byBtt}xrw SeOa an ticcountof pnrchase prig and bang rcnimbtased by Seller for any costs imetutted by Buyer for any irtapce-
a3t liners or etmtifiations obtaned according to the ternn of der Agrtxmaat, sad far those lama specified in paragraph 15(B) iw7s (1). (2X (3) and b
438 paragraph 15(C), in which cox there will be no further liability w obligation on eit6a of the parties hereto sad this Agtamnt will [secanie VOID.
439 16. TAKING CLASSDrICATION {1-02)
a46 Failure d this Agreement w cetrHain the zoning classification (csa~t in eases whero the property {sal each patual thereof. if subdividablej is maicd
ttt eddy ar primarily w permit siagkrfaauy dwe{lings) will reader this Agramerit voidable at the option of the $uye; and. it voided. amy deposits
142 fertdered by the Bttya wit] be returned toflie f wi any roquirtxneat for oast action.
M3 7.gdng Cfaasitkatltni: ~~
444 ^ E[.ECl'ED. Within ~,_ DAYS of die execution of this AgtoemerN, Buya will vari[y that the existing tree of she property as
as _ is prrniitted. In the evert the tine is ant patsdt6ed, Bays wiN, within the t3nie
148 glum for vai6ieatioa, rtatify Sella in writing that die existing use of the Property is tat pemtittcd and this AgaeerDCnt will be VOID, in which
44i case all deposit t[toniea paid om accamt of purchase price will be teuunad prornpOp w Buyer. Hnyer's failort b trtpTtend nkhin rile tlme
448 Blunt vn'6 cotrgiitntc a WAIVER d this oootiogtney and all oth4v raters o[ this Agreement tmiBin in !loll iota std ett'ed.
4<9 17. ~ALNOTICE
45B N01'APPLICABLE
a51 APPLICABLE
452 TtRS DOtSaeFrtY atAY NOT 511L, OOerwbY, TRANSpER, IrKLilDli OR ItaSUttL~, TftET'Lt787'0 7t® COALAND R10HTS OP SOPPORI' Or[DERNFiO7lt7t6 SURFACE I.A7tD
as3 tiESCRtB~ OR IrWRRED 7+O t~7fFFdr, AND I7[E Otvs~R OR 044lIER9 OM 5L'C]L COAL MAY HAVE 7t1E CQ11F1EIE L6GAl. RtGHi'TO ttFMOVE AIL Stxli GOAL AND
451 iN 7HAT OOPA'®('1HJtY, DAD4ArE MAY IttSULT 1A 77SE SURFACE t)t+TErG LAND AND ANY NOOSE, B[ALODatr OR OTHER SrRUCIt7R£ ON ~ a SUCff t.A.'S). iT1BS
155 notice is sa faeb in the trssnrta provided in Section 1 of the Ace cif Idy 17,1957, P.I.. 984.) "Betya aciatowledges that he tray rat be obtaiauig the
4S6 tight of prateaiort against arbsidencc trxuhing Irons coal tninurg operatio¢s, asd thu rile property described htaeia may be protecad from damttga
a57 dtte tq mine anbsiderta by a privaa contras with the owners of the ce:orwmic ittteresu io the coal This ackrwwledgement is made for the purpox
466 of cernph'ag with theprovisions of Setxioa I4 of the Bituminous Mine Strbaideoce and the Lind Cooacnaoion Aex of Apri127, 1966.° Bayuagrcaa
159 wage the dad from Seller which dad will twntain the aforesaid proviaioa.
466 18. P08SES3ION (1-02)
Iit (A) Possession is to be delivered by deed. keys and:
462 1. Physical possession w vacant Property tree of dt~ris, with :tfl atrtieturea baopD-clean, at day «td time of sGtletnwt, AND/OR
4W 2. ASargnnrru of existing lease(s). bgetha with arty aerxrrrry deposits and imterest, at time of trclth7Rent, if Property is leased e< the
IB/ execution of this Agtectttent a tiniess otherwise tpeafied hexda. Buyer wilt
185 dine ~ eacecution of bier Agreeateat. ~ enucti[tE kysc(s) by initiaGag said lease(s) at
16i Bl Sdhx will not ertta inw say nevi leases. written extaosion of exiaing heroes, if any, or additional kasea far the Property without the wriltetl
a6i ceasatt of Buyer.
460 19. RECORDIIVG (9-+3b') This Agreement will not be recorded in be Office: for the Recadiag of Deeds or is mty other officer or place of public reeasd
46! and if Buys causes or pamita this Agteempit b be rtcordad. Se11a rtnty ekxx w treat anvil act ~ a breach of this AgtexrnerrL
OB Z0. A53ICsT~'ff.NT (386) Thies Agroernrrtt will he 6itdittg upon the parties. their teapectiva heirs. personal represeritatives, guardians and successors, 4
471 and w the extent auignable, am the aasigrte of the partiec herew, it being tucpreply anderstaod, howeve , thu Buyer will ~t tnnafer or aaign this a
tT2 A$retmerrt without the wrrtan cotrtettt of Seller.
473 Z1. DEPOSIT iE RECOVERY FUIm {t-02) 4
e7e (A) Depaaits paid by Buyer within ~_ DAYS of settlrnamt will be by case. cashiu'a ~ eutified rlteck. Dt~oaits, regatdkss d the font d 4
175 payment std the ptrsaa designated at payer, will be paid is U.S. Dollars w Brolaa or pally idenpfied ie paragraph 3(s). who will remim them
478 in aD escrow account anal comstrmaoat~ a taminetion dlhisAgaemea in mrfeerttity with aUapplecable lawn rw1 regulatio»s. Any aticasfted 4
t77 diode tendered as deposit rDOnies rosy be held pending the arxx3amrae of drier OgCL
Q0 (B) Upaa [ermnation d this Agreentpit, the Brnicer holldirtg the deposit mionies wilt release the depaait mauler is ac~rdwtce witli the tams of a •
179 luny ezoctued written agrament between soya and sewer. /
188 (C) [n the evem of a ditptae ova mtitka7em w dcpasir tnomica, a bntitu holding rho deposit rnoaies is requu+od by rile Rules and Regulations of
e17 the State Real Erma Commission (49 Pa Ueda §35.327) w remirt Orr rnorries in escrow until the dispute is resolved. la the evesrt of litigation
182 fa the return of deposit rtwtteES, a broker will diatrilroa the monies as tleected by a f nsl order of cant or tfee written AgnxJment of the parties.
403 Buyer and Sella agree that. in the event any broker a at7iliatod liccrosee tie joirmd in litigation for the return of tlcposit monies, the at4omeya'
441 fees and coats of the broker(s) and licuisoe(s) well be paid by the party josaiug tlterrL
485 (D) A Real Esma Recovery Fumd exiHS w ueimbtrrx any pcraons who have obtained a final dvil judgrtrat against n Pn7nsylvartia rral estate
186 licrnteo owing b fraud, mittepewtmtion, ar decal in a real career tr•toa«ion and who have beeaunable w colka thelud8mcer alh;r extrauat-
487 ing all Iega1 sal equitable remedica. For completer details abort dtc Fuad, call (717) 783-3658, a (800) 822 2113 (wibim PLrorrsylvarris) noel
41q (71 T) 783-4854 (outside Permsytvarria). t
489 2t, D COM1VitJN1T'Y (HOMPAWNER Ab'SOCIATTON) RESALII: NOTICE (1-0Z)
188 l7 NOTAPPLICABl.E 4
491 ^ APPLICABLE: CONDOMINIUM. Huya arJuiowkdges tbu the Property is a unit of a txtrrdorniaitrm that is psnriarily run by a omit owners' " 6q'
492 association. §3407 of the Uniform Caidmmimium AM of Pamrylvaaia requires Seca w fumiah Buyer vrith a Certificate of Resale and copies 4!i
a93 _ of the condominium declaration (otixr than Pirus sad plans). din byhtws. and lira wiles and ecgolatiats of the ataoaiation.
a9t ~ APPLICABLE: PLANNED COh9i1I1NI'1 Y (HOMEOWNER ASSt)CIA1'!ON). Bayer acltnowlcdges that the Property is par of a plamrM
435 cotrtmuaity as defined by dte Uniform Plaruied Cesrasatnity Ace. (See Uefinitiou of Plamd Community Notice). §540T(a) of the Act rapiires 4
485 Sella to fratish with a of the DeeLrorion (abet than plats and plans). the byLwa, the mica and tegtitations of the x iation, and
197 a fork in §5407(a) of the AeL ~ a
art Buyer 4dttatq• A/S.2K Pose 6 of 8 Seller ~
e9e
41
41
t1
/1
47
n
4T
17.
p!
4L
4r
err,
ez:
Q4
42i
424
421
42t
429
NB
431
eat
433
434
43S
436
437
436
439
4N
441
442
043
444
415
446
447
e49
a9
451
451
452
453
454
465
458
467
458
454
408
467
462
163
464
485
46B
467
469
469
7e
71
673
73
34
475
7i
677
74
466
467
482
463
404
405
as
40T
a
aa9
4e
4!4
95
ao6
97
May 15 07 02:42p John Jekot 717-766-1281 P•8
199 ~ TH6 FOLLOWING APPLIES TO PROPSRTISS THAT ART. PART OFA CONDt)1[~@iIITM OR A PLANNED COMMUN[T1t a9!
508 (A) Within ~_ DAYS of the ueation of thisAgteeaterty Scpa will submit a request m qu an:ociatian for a (:atifictne of Rraale and Una floc- SOt
51t umans ntxessaay ro enable Seller m comply with the Act The Ad provides that the association is required ro provide these dotutncntx widen 5pt
502 10 days ~Seller'stequest ~
SW (B) Sdbr will promptly deliver m Buyer all dotmntmts received from the association, Under the Act, Seller is not liable m Bayer for the faihua a 51:
SOS delay of Ure association to provide the Certificate in a timely rnaa6Cl, nor is Setter liable m Huger for say erroneow infomoation provid~ad by 511
515 the associausm ~ it[claded in the Catifuate. ~
908 (C) Bayer rosy dcctae this Agrxmaa YOID a< any time before enya's receipt of the assot9atim documents and for 5 days draeatier; OR unfit 508
587 acnlcmmt, tvhichevcr scars fast. Baya's online dedatvtg this Agraaneat void must be in writing; thereafter al! deposit ttrotries wit! be 517
b8s temrrtcd ro Buys sob
sot (D) In the event the aesaciatioa hart the right ro buy the Ptapaty (riidtt of first refusal), and the association exorcises that right, Boller wr71 raimMnse bh
610 Buyer foe all monies paid by Boyer on aocouat of putclme prier: sad foe any oozes irrcttmed by Buyer far: (7) Title acerb, tide iacmartrs arnl/ar 511
6t1 tnedtamca lice insurattee, or fw fa caaeetlatlar of same, if guy: (Z) t?~odtasnrance stellar far iwuruta: with extcaded coverage, mine sub- 5tt
ati sideaa insurance. a foe for cancellation of same, if say: (3) Appraisal foes sad charges paid in advance m mortgage kxtder, if eay. bt2
Sit 23. AiAINi'ENAIVCE d[ RLSK OF LOSS (1-0'1) sts
578 (A) Seller wiB maintain Ibe Property, grounds, fixtures, and anY l~+!d P~Y'~~~Y sc}sMt»led htscin is its parent amdiQOq tartoal Sts
515 west and tear excepted. 575
576 (B) In ttrc evaK say system a applianca included in the sale of tfx: Property fails amt Sdkr does not repair or replace flee loam. Selig wiU promptly alb
b17 aoafy Buyer in writing of Seller's cltoicC ro: 517
Std I . Repair a ttplaoe the failed syskan or appliance before saUe»ratt err astir Buyer az setiietoettt for the fob' tnarket value of the failed sys- rte
st1 tan or appliaae (this option moat be axephbic ro ibe mtatgage Leader, if utyr). is each case. Buyer acxpts the Pinpaty and agrex m 51!
520 the RPZF.ASB sa forth in paragtaplr 25 of t>ris Agreea[att, OR 521
527 2 Na repair a replax the failed aysoem a appliance, and not audit Buyer az sealemeat far the fair market value of the tailed sysLan or stt
s22 appliance. If Seller does sat tzttair, roplaxa oTfa ac[edit far the failed system m appliance, or i[Seller fsrib to notify Bayer dSelkr's 622
823 dtdx, Bayer will testify Seller ip wrmng vrithin _•~_ DAYS or before settlement, vrbtcheva is stwoet: Otst Buyer will: 623
52s a. Accept the Properly and agra m the RELEASE set forlh in paragraph 25 of this Agreeaterrt, OR s2:[
525 b. Terminate this Agreement, is which case all deposit monies paid cn account of purchase prix will be re4rrned promptly ro Buyer 525
S26 aced Ibis Agreumatt will be YOID. 528
527 (C7 3e11a will bear risk of loss from fire or tneir casuattiex unlt~ time of settlement. Tor the event of datmge by fire a orbs wsaatties ro soy prop` 527
Sm arty iactaded in this sale that is trot repaiaed or repLxd prig m settltmteat, Buyer will have the opriat of tesciading this Agtemr-att aril 521
529 prompNy receiving all rrarria paid ~ aooount of purchase prix err of aoceptirtg the Property in its then oonrlitiaa ooged[er with the poooeeds s29
530 of any inaurarrce recovery obtainable b7 Seller. Buys is ttcaeby notified that Sayer may insure Hnya a eipritable iaarca is this Prapaty as of s38
531 the time of exocutiort of thin Ageetuent 531
532 20. WAIVER OF CONTINGENCIES (1-02) 532
533 If this Agneeromt is amdogeat oa Buyer's right m inspect aod/a repair the Properly, Bayer's fafisre to eatxcbe am o[ Buyer's options within ss3
Sss Iht time limits set form Io fhb Agra~art will oomKtufe a WAIYER o[ that eaamrgeaey and Bayer awxeplt t9te Property sad ttgrets b the s7t
575 RELEASE set farm ~ pasagrnptt l5 0[ tlis Ageeetnent. 535
Ssb 25. RBLBASE (1-02) 536
537 Btryrx hereby reknes, gait claims sad fwsver disciargs SIiLi•ER, ALL BROKER5, their LIC6NSIiZrS, FMPI,OYBBS, and say OFFl• 537
571 CER or lART]VER d say sae d thw and stay other PBRSON, TDtM, or CORPOitATiON who my ba UaWe by ee >7rmrtgh theta, (Yon[ 538
531 soy and err dolour, Isssa au•dtaaaods, iodsdhtg, bat ant Itoaited tor, Personal ~ soil PreP~7 damageand ~ aF theme there- 539
511 ttF, whemer sow known or ray wlthir mtp arise tram the pttssence ~ hntdtea or tttdta vraod-bodog irtseetss radon, trail-based lariat has- 5~St1
Sat arils, eavkoomenhl , say ddects io the laddvidwl oa-lot xwage dispoal syaeo of de8derrdea ip the on~ile raster service systeob 547
9s2 a say details or ataditioas mr the Propaij Shaald Seller be is ddaall tends the farms d this Agmemmy fhb release dues not depHre 542
st3 Buyer ~ a% right hs pnraae a0y rmadta mat may be availalde soda mw or egaity. Tbb release w7l a,mive amt, sa3
sµ 2~. REPResasNTATIONS (x-02) Bra
Sts (A) Bayer underatatds that atry rapcaetrtations, etaims, advatiaing, promotianl aerividea, brochtues or plans of atry idnd o[ade by Shceq Brokers, bs5
Sae their [ioeascea, emptoyas, officers, or pautrters arse not a past of this Agia[ornt tmkss eapreas-y incasporatcd or stated is this Agrxarem. R is 518
sal further turdastrrod that tltis Agreemdtt atataios the while agrecrnem between Seller sad Buyer and drtae are no other terms, obligaCOas, 5r7
58t aYVWOts. trpreoertmtioaa, stetwtrnts a cottditioaE, sal W odtax9se of say kind rvhusxver cora:aning aria sale. Ft[[dwrrrnre, this 549
ti+a Agteetawt wt71 ten[ be aloud, amended, dtaaged, a trrodificd w:acpt in writing executed by the parties. 54g
558 (B) its oadenstload that Bays lw iaspaeted tlae Pr+opa4y prime ttigtrisg fhb Agreement (indadfag Ratarss sad ary persoof[ Property S58
581 fpeOtllwBy stiednled UtardnL Ot' has waived (ire right to do sa, and bas agreed t0 pnrehaae ffie Propay is tis present eattdition naksa 557
552 othatvise stated >n flrie Agroammt. Bayer adosovrkdges that Bmkeas, tYrir ]loreseet, aoployaa, atl[eerx ra' partoas have not mad! 5s2
553 aeiadepradmtmmioatiooordKErrdoatiaudthtalraCtraaisYrmahraaoffhr:Prvpe[tyrfheagtOr'ooatlitioaoFthecampopEats,~ti• 553
s5s rtsameatal cooditiotts, the permitted roes, a M caaditiots tatbtiog m t6C locale wit/a+e me Property b situated; trot have may made a 551
555 nteduaieal hapoetion at any of the trystmrs ooohioed thrt+eia 555
~ tt7 AnY t~m> itY this Agrxntmt wilt be completed is a vrctrkrmatliko maanc. 556
567 (D) Bmka(F) may paforat services m artist umeptmeatod parties is compiyiag wkh the toots of this Agteaaeat. 557
5S1 ~ The headings, captions, and line numbers in this Ageematt arc tarsal only m make it easier m fled fire ptaagraphs. Sfi1
559 37. DFFAULT(1-02) ~
s80 (A) Sella bas the option of retaining all wme !raid by Buyer, iacltrding the deposit naonitw. altatlld Buyer. 5m
s6t 1. Fail [o mater any additional payments as apeci6od m paragr.Vb 3:Olt 567
582 2. Amriah false or itrcanpleta irdarnatioa m Seller, Broker(s), Or the arorlgage leader, if say, coaucning Buyu's Iegai or financial status, 5/Y
SID a fait m cooprrxe in the ptttceasing of the mortgage toga appliatitat, which ass would resuh is the failure m obtain the approval of a 589
~ tttortgage ben comtmtmeas; OR ~
si5 3. Violate a [ail ro fnlfili aril perform any otdx terms a caditians of Ills Agreetneat 565
56t (B) 17tdess atherwiae drerdoed hr pauatgnph 17 (C1, Sella may elect ro mlaia those cuaas paid by Buys, iocludtag depaeit monies, in one of t>ti St6
567 fallowing tnarerra: ~
iris t. Oa socouM of purctnse price; OR sit
589 2 As atorriea m be applied ro Seller's dattngra; OR ~
578 3. As liquidated damages for aneb breach. Ae
S71 (C) ~ Seiler is limited ro retaining aorta paid by Suva, including dtYxsdt rrteaies, as lirpridated daroagea. sr
ST! (D) if Seller retains ail moos paid by Buye4 including depoant atosrres, as liquidated danagtx pursuant to pstagraph T! (B) or (C). Huya and Seller 572
573 wit! be released tram fuctlter liability or obligation and this Agrwra:nt will be VOID. ~
sla ~, MEDfATION (7.96) s7a
575 ^ NOT AYAIIABLE ~
s76 `Q( WAIVID. 8uyx and Seger uodps[md that they may choose ro ntodiau at a larrr dates, should a diapae arise, Ins! that them wit! be no abli-
•~ 571
b77 getioa on dte put of say parry ro do ao.
577
sn ^ IIECtF.D 678
579 (A) Buys sail Seller wiR try to tesotvc any dispnee a claim that rosy arise from this Agreemmat through mediation, is aocotdaftoc with the Rules 579
51e sad Ptoxdttres of the Game ShcaslFlome Buyers Dispute Rno(nticm Sytarm Arty agrermeat reached through a n[odiatiaa conference and 581
587 signed by the parties will be biatGrrg.
511
512 (B) Buyer sod Sdkr aolmowledga that they have received. read. tad mtderatrtd the RtrLa zed Prncedurea of the xome SeUas/llome Huyers 582
yes Dispute Rtxolution System (see Mediation Notice). ~
5N (C~ Ibis m mediate disputes arssutg 5om flair Agreeaam[ will survive acaleroent s1a
586
~ ~
586 Btpier' ~ A/S.2K Pape 7 of 8 Seller Iuirials: ~
7•~ 516
May 15 07 02:~43p Jahn Jekot
717-766-1281 P•9
set i9. SPF.CfAL CLAtISFS (t-0T) 2~~Y~3 ~'
886
584 (A) TTre fdtotrLng arc Part oI this Agreeoreat if cheeped:
^ Ssk do Settlement of Other Property ^ Settlement of Other Property Contingency Addtatdam (PAR Forts SOP) ' 5N
590 t.,omingearyAddcndum (PA1t Fotm SSP) D S 'cd yAddeadtml (PAR Faaa TOP
591 ^ Ssk & Seldcmmt of Other Pcoperiy t;gntingeocy ~(
yg2
69a
she with Ttight m Continue INatloetiirg Addeadtrm Q
(PAA Form SSP-CM) Q
B) 1) l~a:rdwotxl t=l~of„~ In l_lvituJ r4=
5a1
~
~ 1~ -' - d~ Cerc,.r.~;.c,~ik ~ rod ~labrt jn l~tltl..... g• ~k "eal:'~ag;- NoolC• a- s!:
~
'
Y
i
'
~ 3
~ O.n.n s
3 ~ C
(
16~.
n COQ }ile #'
udu~ (.app -}t~ U I Nt~ ~ . f
$~ ~ /r ~'
6a
661 Q
~I~pe ~~~r.-4iu ~-4~ rea,.y~~ 6yc,~_sL{~t}- door ,~,-- ~s c~S~-e-~t~ ~I~s~nJ,
\!J n /.~~,,,~~s,-- i ~
~
t
em
H2
we !`
tLJ{T J ~
Btryv anti Selkr adroowlodgtraeiviag a copy of this Agceemast at the tune o[ aagniag. ~
~
60S
NOTTCE'Lt0 lAB1'Q+S: WHEN SLGNSD, TTTLS AGRBEA~1t1T IS A BINDING CONTRACT: ITefaen by 6atadk Qartsmbaioa (FAJn of fhb ~
t~
506 Agtteeaxsa, and all dtlmda, bearing 0e slgasrttres of ale parties, mawtidrtee acoeptaaoe of thbAgreameat. Partks to this darsaetioa are advised ee6
887 b oaruadt an attorney 6eTore sigotrrg it shay desire kgat advice. ~
656
600
8aya Ass reodved the Censaata Notice as adopted by the $taic Beat Betels Cemloiraisa at ~ Pa. Code #35336. ~
600
610 ~ t3nyer has teod.ad a stanmleot at Bayer's estimated cbsiog costs before aigahtg this Agreemnt By
6tt ~ Bayer has dead and uadentaods the cation nerd esgdalutory hdoesaatksr eel teeth id lids Agreemmt ~ 611
012 ^ Bayer hat received a ScQer's Psepe+ty Disclosus+e Sttataseet before ~ this Apeafserat, it repaired b7 Low (nee ia[orma0far Regsrdirg 612
013
Sts the RaT F.aate Sd4x Disdaenre Irw).
^ Bayer has 4ecdved the Deposit Moony Natioe ([err cooperative sties vrhea Broker for Shcri is haldhrg depastt awney} before si~ieg tbb 813
Ott
615
e16
Agretlaeat. ~~ ~~ l ~~
~_, j~_J~
O ~ ~R 816
516
b/7 •
BUYER'S MAf LBVG ADDRffiS:._n ,~ i _ ~-r _ 6n
Blt
Bt9
625
621
8t2
827
62A
625
626
627
626
679
676
63f
672
.tpa
ie4
676
67i
677
6K
p9
816
en
642
bee
61t
6e5
ue
64T
BN
6M
661
662
K7
661-.
655
666
967
t.a
658
iB0
861
662
86i
664
66
666
667
6th
669
67D
6ri
BUYER'S CONTACT NOMBEA(S):
626
VYITIVF.83 BUYER. DATE 82t
SSA! ~_ i28
625
Seger haebY approves tits above Contract this (dale) 636
and is twosidaatiat at' die aavioea tam in proeoaag the IIuyeb Seller agues m pay the Warned Broker far Selbx a fee of • 63t
ob~fiom dx hertirt specified sak price. bt the evom Buyer defanlta haenorla, nay monies paid an aoaotua wilt be divided 672 •,
SalTa. . Broker far Sella, bat in tto event wilt tits sttm paid m the Brdoa ftx Sella exceed the.above specified Btvkec'a fee. p3
634
^ 9eletr hw received !ha Coeta4aroer Ndia >t adapted h3' the State Real Peale Cosodeiaa st 49 I?a. Celtic 436.336. i35
^ Sdkr hs roodvad a sl:8emmt of Seger'a estimated elOShrg coals before sigahsg this Agreement. 676
Q Selkc hac read and aaderst®ds the omiers and agrlarsatory isttortaatfoa net (ortit lA fhb Agrtaolau. e37
696
SELLER'S MAIT.IIYC. ADDRESS' 1~~ tQ.. ~+4 ~~i'1 638
Sffi.L$R'S CONTACT'
_ 61a
819
i28
DAT$ ~ 621
822
623
DATE_~~ 824
825
DATE~_
DATE~~
WIT1VE55 SELLER^ DATE '
SSiI
Breber'SIlioensces' Cesft&atlom (ehedt alt tllat nos sPplkabk)•.
^ Regndiag Lad-Based Patat 1latur~d6 Dbdaaetee: RaTaited if Prtrperty was built 6dotrc 197>k The tmdaaig:ad Liwaas involved in
t[tia trsaaactioa, oa b~alf ~ thmselves s41d ihoa bmken, entity tkrc then atatandtts ue are m the best of their Imowitsige and lroliaf.
~ The I,iceasaa involved in this transaction have infamsed Sally of Belle's obtigatioas tadaThe Iteaidasial Lad•Bseed
Paint Hnud Reduction Act. 42 U.S.C. 44852(d). and are aware of their mparm'biiity m tenure c4mpliattce_
O
Re6udiag 1?HA Martg9ges The lavdexsagoed T dcrs~ iavoiwcf in this traasactiou. on 6eLalf of themselves and rhea brokers, cecch that
the tams of this mnt[aCt for ptuabssC ate aoc W the btxt of thdr kuovrkdge artd belief, and that any other agteemrat emceed lam by my of
these patties is connnxian widt this traasactiaa is atrxhcd b this Agrcertreat
Regard;ag Mediation: The unrkaigned ^ Broker for Sella ^ Broker for Buyer agree to submit m rrtediatwa in aocotdna with
paragraph 28 of this Agroement. _
ItROKER FOIL SELL.6R (ca4gtaary Name)
A SY _~
BRORSR FOR BUYER (Caapagy
ACCEPTED BY
AfS ZK Page 8 d b
SELLER'S COPY
641
642
W
W
515
816
647
641
619
551
652
6St
634
665
656
657
658
6»
866
661
982
663
684
885
6K
867
BN
K9
670
m
ALL-STATE LEGAL" 800-222-0510
APPLICATION FOR WARRANTY FORM Application No `' i
ODE"""` Ytesidential Warrant Cor oration-New Home Warrant , ~ ~ ~; _
ARRANTY Y P Y s .L ~,_ _ s~1 ~;+i ~?.x~,_~ i
~ oRroRAnorA Complete ALL information in spaces provided. ':}' f' ~~~" 5 ' } r i~ ?
5300 Deny Stres4 Hurisburg, PA 171 I1 See back for detailed instructions. , % ~~ 's ~ .;A ,~;
Ph: 717.561-4480 Fax: 717-561-4494
Attach a copy of the settlement sheet to this form.
1. Builder Name) t .' ~(`; ':~ ~ r~`a,.> , .~ t : ` i° ~~bs.) Registration Number .:~ ;- %:
2. Lot/Job # ~ ~ Block # DevelopmenUSubdivision ~~ , ± ~'~' ,_ .'' ;~ '~~`
r r~ r~t'~.Y ,..
House Number and Street Name _~ .-,1. ~ ;, _ ~ s!,~~~ ,.,~~
City t~ t~it~L; ~ State x ~ Zip ~ ;/ ;~ `.' `:
Township r{ E " f'j) ~, ~i County ~~, ~~ } ,' i r ,,T: ;
3. If the mailing address to be used for this home is different from #2, please indicate below:
4. SettlemendClosing Date:~_-'t~~~"r.~~. ~- ~ ? 1 - ~. First Occupancy Date: ``:
Effective Daft OjWarranty for FXA homes is the SetdemenNClosing att. On al! other homes, Effective Dave Of Warranty is the SettlemendCia
or Occupancy dace, whicheveroccurs first
5. Final Sales Price (maximum liabili~y,_),$ x'~is-~ = i ~C`~. C)C~
6. Type of Financing (check one): t~ ConventionaUCash/Other ^ VA ^ FHA Case #
7. Exclusions: The Purchaser acknowledges that the listed items, if any, will not be warranted by the RWC Warranty since they were not furnished by the Builder,
are excluded by contract or are not included in the final sales price. (Builder and Purchaser must initial any listed exclusions.)
Builder:~..~'~~` Purchaseri}~' ~ a.
Builder. ~::=k=T'=Y" Purchaser:'' •t ~..f~b. i,-.i~~('!-•"`'--
.ti -1 ~~
Builder .~~T"t Purchaser` - d `3 c.
` t.1
8. Type of Soil (check one): ~--~ Virgin Soil ^ Active Soil ^ Fill ^ Other
9. CoNOOS o1vcY: RWC Condominium ID#: Effective Date on Common Elements:
IO. NEW JERSEY ONLY: Municipal Code:
Number of units in building (circle one): 1 2 3-4 5+ Number of Stories (all types of structures):
Owner Type (check one): ^ Homeowner's Assoc. -fee simple ^ No Homeowner's Association -fee simple ^ Condo/Cooperative
11. Check here if this home is also being enrolled in the Platinum Advantage Extended Warranty Program If coverage is being waived, the homeower(s) m
initial here
Your Builder certifies that he or she is registered with the RWC Program and that
the home is incompliance with RWC standards, has been properly inspected and
all necessary approvals for processing of the home have been obtained.
Both the Purchaser(s) and the Builder must sign this Application acknowledg-
ingthat: (a) this warranty is an express limited warranty administered by RWC; (b)
WPIC's liability is specifically limited by the terms and provisions of the RWC
Warranty Program; (c) a copy of this Application, the appropriate RWC warranty
.book and any forms needed to comply with state or local governmental require-
ments have been provided to the Purchaser(s); and (d) this warranty includes a
provision for binding arbitration. After signing this Application, the Builder must
send the designated copies to RWC with a check for the Total Due.
This signed Application is to be received by RWC before your warranty can be
validated. Validation is not guaranteed, but is conditioned on the satisfactory
completion of all required inspections, upon Builder's compliance with all RWC
13. Purchaser's E-mail Address: enrollment procedures, and upon Budder remalmng a member m good standing of
the RWC Warranty Pro
ram
Your validated wa
r
ill
i
t
f thi
A
li
g
.
r
anty w
cons
s
o
s
pp
-
14. SIGNATURES: I/We have read and understand the RWC Warranty book. cation For Warranty, the RWC warranty book indicated at the top of this form, and
rl -.
(~`, ~ } `s, ,= , r ~
~ ~' ~-r
any endorsements added thereto. This warranty is invalid until a validation sticker,
Purchaser s Nazne (pent or type)
Phone # _ issued by RWC, is attached to the RWC warranty book (not applicable in NJ). Pur-
chaser tmderstands and agrees that, if the warranty is validated, it is provided by the
X ' _, 'l' , ~ ?~,t t ~ s; ` '~ ~ r :r t °,a Builder in lieu of all other warranties, oral agreements or representations, and
Purcha'ser's- Sigtature ~ Date Builder makes no warranty, express or implied as to quality, fitness fora pacticu-
`'`.-~ ~ ,, _
`
' " ~ ~ ~
` ` ~ wt ~, -:, ~
~ ~
~ ~~ ~ lar purpose, merchantability, habitability or otherwise, except as is expressly set
- ''
t t forth in the Program.
Purchaserr s Name (print or type) j ,1
~ Phon # Notice: This Warranty will be found to be invalid if this Application is not fully
t
,x _.# ,; _ ' ~ ( ~~ > >
', r
~ -,~ , ; ;
"~~
completed, if revisions or alterations are made to this Application without written
Purchaser's Signature ~~ _
• ~` Dat consent of RWC or if the requested copies and fees from the Builder are not re-
_.,, ,...-~
k z'~ty ~L' ~' • -... l-~~:. r~~. >`.-~-..~~ ~ ceived by RWC within ten (10) business days after the Effective Date of Warranty
' -I (` i ' '~(t~~-K`k ~~' ~#~(#4 above.) Only original Applications will be accepted unless an RWC Represen-
Name/'~itle of P,e'rson r J mpleti g Application (print or type) Phone # tative has signed here:
ff
~ ; ~C, ,
Y~{~~-"•
~ `
~~ ~
~
;
.
~ -
'
Builder Representative's Signature ~
'
~,'~
at~ INGEORGIAANDTIIVIVFSSEE: BYsignir-gYourinitialsinthespaceprovided,
BUILDER send to RWC: (5300 Derry Street, Harrisburg, PA 17111-3598)
/ Top 2 copies of this form / A copy of the settlement sheet
/ A check for TOTAL DUE (see calculation above)
~9/?{~il"397
you acknowledge that you have carefully rtad and understand the section in your war-
rantybookexplaining arbitration procedures.
initials dae i»rtiats dae
RWC #316 Rev. 5/02
01990 Harrisburg, PA
WHITE 8c YELLOW -RWC (Include copy of settlement sheet & check for total due) PINK -PURCHASER GOLD -BUILDER
ESIDENTIAL
ARRANTY
10 Year New Home Warranty
RESIDENTIAL WARRANTY CORPORATION
PRESENTS
THE LIMITED WARRANTY
~ O YEAR WRITTEN WARRANTY FOR NEW HOMES
Within 90 days after receiving this War-
ranty book, you should receive a
validation sticker from RWC. If you do
not, contact your Builder to verify that the
forms were properly processed and sent to
RWC. You do not have a warranty without
the validation sticker.
Any addenda fisted below are integral parts of the RWC
Warranty applicable to this home.
Warranty Validation No. 2290288052303
WP1C 319 REV. 09199
"'*~"'AUTO"'MIXED AADC 173 37
JENNIFER JEKOT
5815 ASPEN LN
ENOLA PA 17025-3308
i~~~l~titt~f~l~tttittlitt~tf~~~i~al~~f~I~al~t~ri{~r~>t~r~l~~{~~rtrlr~~
This Limited Warranty does not cover consequential or incidental damages. The Warrantor's total aggregate liability
of this Limited Warranty is limited to the Final Sales Price listed on the Application For Warranty form.
The Builder makes no housing merchant implied warranty or any other warranties, express or implied, in connection
with the attached sales contract or the warranted Home, and all such warranties are excluded, except as expressly
provided in this Limited Warranty. There are no warranties which extend beyond the face of this Limited Warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages by the Builder so all of
the limitations or exclusions of this Limited Warranty may not apply to you.
For your Limited Warranty to be in effect, you should receive the following documentation:
• Limited Warranty #319 • Application For Warranty form #316 (Refer to I.B.3. for applicability) •
• Validation Sticker #385 •
Insurer: Western Pacific Mutual Insurance Company, A Risk Retention Group
1996 Humsbury+, PA
Itev. 9/01
WPIC x319
~' I
RESIDENTIAL WARRANTY CORPORATION
5300 Derry Street, Harrisburg, PA 17111-3598 (717) 561-4480
dear Home Buyer,. I~
Congratulations on the purchase of your.
new home, This. is probably one of the
largest, most important investments you've
ever made and. we wish you .many years of ,
enjoyment.. You've chosen a home built by a
leuding'Builder which includes the RWG
Limited Warranty, assurance that your
investment. is well..- protected: This book
explains the Limited Warranty in its _.
entirety, and we encourage you to .take time
to READ7T CAREFULLY.
..This Limited Warranty provides you with
protection in accordance with this warranty..:.:
book for ten full years of home ownership. ,
During the first ttivo `years, your Builder is
responsible for specified warranty obliga-
tions. In the'. unlikely event your Builder is
unable or .unwilling to perform, thee- War-
ranty is provided subject to the conditions,
terms and exclusionslisted. Far the remain-
ing eight years, your Warranty applies to
Major Structural Defects as defned in this
book.
.This is not a .warranty service. contract,
but a written ten year limited warranty
which your Builder-has elected to` provide
with your home.
Take time now to read this book. Famil-
iarize yourself with the Warranty and its.
limitations. Contact your Builder regarding
specific construction. standards and how
they dpply to your home.
Again, congratulations and enjoy your
new home!
Very truly yours,
RESIDENTIAL
WARRANTY
CORPORATION
TABLE OF CONTENTS
Section I. Definitions ............................................1
Section 11. The Limited Warranty ...........................3
Section II1. Warranty Standards ..............................7
Section IV. Requesting Warranty Performance .....18
Section V. Addenda ..............................................20
A. Newark, Delaware
B. State of New York
C. State of Indiana
D. HUD (Applicable to VA/FHA financed homes only)
E. Maryland Addendum
page 319.1
1996 hlamsburg. P:1
Rcv. 9:01
W PIC )19
Q ~snti n n l A. Introduction
L To help you better understand your Limited Warranty,
refer to the following list of definitions which apply in this
Definitions ` book.
B. Definitions
1. Administrator
Residential Warranty Corporation (RWC) is the
Administrator of this Limited Warranty. RWC is
neither Warrantor nor Insurer.
2. Appliances and Items of Equipment, including At-
tachments and Appurtenances
Water heaters, pumps, stoves, refrigerators, com-
pactors, garbage disposals, ranges, dishwashers,
washers and dryers, bathtubs, sinks, commodes,
faucets, light fixtures, switches, outlets, thermo-
stats, furnaces and oil tanks, humidifiers, oil
purifiers, air conditioning materials, in-house sprin-
kler systems and similar items.
3. Application For Warranty
The form signed at closing by you, the Purchaser,
and your Builder which identifies the location, the
Effective Date Of Warranty and the Final Sales
Price of the enrolled Home. If the Builder is par-
ticipating in the RWC electronic enrollment
process, the Application for Warranty form is elimi-
nated.
4. Arbitrator
A representative of an independent arbitration ser-
vice agreed upon by you, the Purchaser, and the
Administrator to determine coverage on an Unre-
solved Warranty Issue.
5. Builder
The person, corporation, partnership or other entity
which participates in the RWC Limited Wan-anty
Program and has obtained this Limited Warranty
for you.
6. Building Codes
page 319.1
?'~I~W6 Hxrtis6u e, P.4
Rev. 9101
WPIC 4119
The following codes are acceptable to the Insurer
of the Limited Warranty:
a. Building Codes
(1) CABO 1 & 2 Family Dwelling Code
(2) National Building Code (BOCA)
(3) Southern Building Code (SBCCI)
(4) Uniform Building Code (ICBO)
(5} International Building Code (IBC), (IRC)
b. Mechanical Codes
(1) CABO 1 & 2 Family Dwelling Code
(2) National Mechanical Code (BOCA)
(3) Southern Mechanical Code (SBCCI)
(4) Uniform Mechanical Code (ICBO)
(5) International Building Code (IBC), (IRC)
c. Plumbing Codes
(1) CABO 1 & 2 Family Dwelling Code
(2) International Plumbing Code
(3) National Plumbing Code (BOCA)
(4) Southern Plumbing Code (SBCCI)
(5) Southern Gas Code (SBCCI)
(6) Uniform Plumbing Code (ICBO)
(7) International Building Code (IBC), (IRC)
d. Electrical. Codes
(1) CABO 1 & 2 Family Dwelling Code
(2) National Electrical Code (NEC)
7. Consequential Damages
All consequential damages including, but not lim-
ited to, damage to the Home that. is caused by a
warranted Defect but is not itself a warranted De-
fect and costs of shelter, transportation, food,
moving, storage or other incidental expenses related
to relocation during repairs.
8. Cooling, Ventilating and Heating Systems
Ali ductwork, refrigerant lines, steam and water
pipes, registers, convectors and dampers.
9. Defect
A condition of any item warranted by this Limited
Warranty which exceeds the allowable tolerance
specified in this Limited Warranty. Failure to com-
plete construction of the Home or any portion of the
Home, in whole or in part, is not considered a De-
fect.
10. Effective Date Of Warranty
The date coverage begins as specified on the Appli-
cation for Warranty form. If the builder is
participating in the electronic enrollment process,
the effective date is date of closing or occupancy,
whichever occurs first.*
11. Electrical Systems
All wiring, electrical boxes and connections up to
the house side of the meter base.
12. Home
The single family dwelling, identified on the Appli-
cation For Warranty form, which may be a
townhome, condominium or duplex.
13. Insurer
Western Pacific Mutual Insurance Company, a Risk
Retention Group (WPIC). Located at 1655
Lafayette Street, Suite 200, Denver CO 80218.
*FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
Sectioi
f.
Definition
(continue
page 319.2
u'~I996 Hxrtisburg, PA
Rev. 9lOI
W PIC 'i319
Phone: 303-388-5688.
14. Limited Warranty
The terms and conditions contained in this book
including any applicable addenda.
15. Major Structural Defects (MSD)
All of the following conditions must be met to con-
stitute aMajor Structural Defect:
a. actual physical damage to one or more of the
following specified load-bearing segments of
the home;
b. causing the failure of the specific major struc-
tural components; and
c. which affects its load-bearing function to the
degree that it materially affects the physical
safety of the occupants of the home.
Load-bearing components of the home deemed to
have MSD potential:
(1) roof framing members (rafters and trusses);
(2) floor framing members (joists and trusses);
(3) bearing walls;
(4) columns;
(5) lintels (other than lintels supporting ve-
neers);
(6) girders;
(7) load-bearing beams; and
(8) foundation systems and footings.
Exam ples of non-load-bearing elements deemed not
to have Major Structural Defect potential:
(1) non-load-bearing partitions and walls:
(2) wall the or paper, etc.;
(3) plaster, laths or drywall;
(4) flooring and subflooring material;
(5) brick, stucco, stone or veneer;
(6) any type of exterior siding;
(7) roof shingles, sheathing* and tar paper;
(8) heating, cooling, ventilating, plumbing,
electrical and mechanical systems;
(9) appliances, fixtures or items of equipment; and
(10) doors, trim, cabinets, hardware, insulation,
paint and stains.
16. Owner
See Purchaser.
17. Plumbing Systems
All pipes located within the Home and their fittings,
including gas supply lines and vent pipes.
18. Purchaser
You. The Purchaser includes the first buyer of the
warranted Home and any and all subsequent owners
who take title within the warranty period.
19. Residence
See Home.
20. Sewage Disposal System (Private or Public)
This system includes, but is not limited to, all
waste, drainage, sewer pipes and lines, cleanouts,
tanks, pumps, drainfields and seepage pits, outside
and beyond the exterior wall of the Home.
21. Structurally Attached
An integral part of the Home being structurally sup-
ported by footings, block walls or reinforced
concrete and connected to the foundation of the
Home.
22. Unresolved Warranty Issue
All requests for warranty performance, demands,
disputes, controversies and differences that may
arise between the parties to this Limited Warranty
that cannot be resolved among the parties. An Unre-
solved Warranty Issue may be a disagreement
regarding:
a. the coverages in this Limited Warranty;
b. an action performed or to be performed by any
party pursuant to this Limited Warranty;
c. the cost to repair or replace any item covered
by this Limited Warranty.
23. Warrantor
Your Builder in Years 1 and 2; the Insurer in Years
3 through 10 and in Years 1 and 2 if your Builder
defaults.
24. Water Supply System (Private or Public)
This system includes, but is not limited to, all sup-
ply and distribution pipes, fittings, valves, pumps
and wells, outside the exterior wall of the Home,
which supply water to the Home.
*FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
Section
~1.
Tlte;
Limited-,
Warranty
page 314.3
s'~I996 Hamsbwg. PA
ftev. 9101
WPIC k319
A. Introduction to the Limited Warranty
1. This book provides specific details, conditions and
limitations of the Limited Warranty including pro-
cedures for requesting warranty performance and
for binding arbitration, in accordance with the pro-
cedures of the Federal Arbitration Act. Additional
information may be received by calling RWC at
(717) 561-4480. Read this document in its entirety
to understand the protection it affords, the exclu-
sions applicable to it, the Warranty Standards which
determine its interpretations and operation and your
responsibilities.
2. This is NOT an insurance policy, a maintenance
agreement or a service contract. It is an explanation
of what you, the Purchaser, can expect from this
Limited Warranty.
3. Appliances and Equipment included in the Home
are not warranted under this Limited Warranty, but
may be covered by separate warranties provided by
the manufacturer or supplier. These warranties are
passed on to you by your Builder at closing and are
separate from this Limited Warranty.
4. You are responsible for maintenance of your new
Home. General and preventative maintenance are
required to prolong the life of your new Home.
5. This Limited Warranty is automatically trans-
ferred to subsequent Owners during the ten-year
term of this Limited Warranty.
6. This Limited Warranty is subject, to changes re-
quired by various regulating bodies. FHA and VA,
as well as some local agencies have mandated the
additions noted in the Addenda Section of this Lim-
ited Warranty book. Notations throughout indicate
where the Addenda apply.
B. The limited Warranty
1. Actions taken to cure Defects will NOT extend
the periods of specified coverages in this Limited
Warranty.
2. Only warranted elements which are specifically desig-
nated in the Warranty Standards are covered by this
Limited Warranty.
3. The Warrantor has the choice to repair, replace or
pay the reasonable cost to repair or replace war-
ranted items which do not meet Warranty Standards
and are not excluded in the Limited Wanranty.
4. If a warranted MSD occurs during the appropriate
coverage period, and is reported as required in Sec-
tion IV, the Warrantor will repair, replace or pay
you the reasonable cost to repair or replace the war-
ranted MSD, limited to actions necessary to restore
the MSD to its load-bearing capacity.
C. Warranty Coverage
1. ONE YEAR COVERAGE: Your Builder warrants that
for a period of one (1) year after the Effective Date
Of Warranty, warranted items will function and op-
erate as presented in the Warranty Standards of
Year I, Section III.A. Coverage is ONLY available
where specific Standards and Actions are repre-
sented in this Limited Warranty.*
2. TWO YEAR COVERAGE: Your Builder warrants that
for a period of two (2) years from the Effective
Date Of Warranty, specified portions of the heating,
cooling, ventilating, electrical and plumbing sys-
tems, as defined in this Limited Warranty, will
function and operate as presented in the Warranty
Standards of Years 1 and 2 only, Section III.B.$
3. TEN YEAR COVERAGE: Major Structural Defects
(MSD) are warranted for ten (10) years from the
Effective Date Of Wan-anty.
Your Builder is the Warrantor during Years 1 and 2
of this Limited Warranty and the Insurer is the
Warrantor in Years 3 through 10.
4. CONDOMINIUM COVERAGE: This Limited Warranty
shall only apply to warranted common elements.
Warranted common elements are those portions of
the defined electrical, heating, ventilating, cooling,
plumbing and structural systems which serve two
(2) or more residential units, and are contained
wholly within a residential structure. Warranty cov-
erage for common elements shall be for the same
periods and to the same extent as similar or compa-
rable items in individual residential units. Examples
of common elements which are covered by this
Limited Warranty are hallways, meeting rooms and
other spaces wholly within the residential structure
designated for the use of two (2) or more units.
Examples of common elements which are not cov-
ered under this Limited Warranty are club houses,
recreational buildings and facilities, exterior struc-
tures, exterior walkways, decks, balconies, arches
or any other non-residential structure which is part
of the condominium.
D. Conditions*
1. This Limited Warranty provides coverage only in
'~FHANA Homeowners, refer to HUD Addendum, Section V.D.
Homeowners in Indiana S'OFP.T Yn RYAtP nA Indiana a AAA.,A~~n, e.,,,.:.,., v ~
5E'Ct1011 excess of coverage provided by other warranties or
insurance, whether collectible or not.
~~+ 2. This Limited Warranty is binding on the Builder
The. and you and your heirs, executors, administrators,
Limited successors and assigns.
Warranty 3. This Limited Warranty shall be interpreted and en-
(continued) forced in accordance with the laws of the state in
which the Home is located.
page 319.4
~~1996 Ha`rishurg, PA
Rcv. 9i01
W PIC .431 Y
4. This Limited Warranty is separate and apart from
your contract and/or other sales agreements with
your Builder. It .cannot be affected, altered or
amended in any way by any other agreement which
you may have.
5. This Limited Warranty cannot be modified, altered
or amended in any way except by a formal written
instrument signed by you, your Builder and the Ad-
ministrator.
6. If any provision of this Limited Warranty is deter-
mined by a court of competent jurisdiction to be
unenforceable, that determination will not affect the
validity of the remaining provisions.
7. All notices required under this Limited Warranty
must be in writing and sent by certified mail, return
receipt requested, postage prepaid, to the recipient's
address shown on the Application For Warranty
form, or to whatever address the recipient may des-
ignate in writing.
8. If actions by the Wan•antor on any obligations un-
der this Limited Warranty are delayed by an event
beyond its control, such performance- will be ex-
cused until the delaying effects of the event are
remedied. Such events include, but are not limited
to, acts of God, acts of the common enemy, war,
riot, civil commotion or sovereign conduct, or acts
or omissions by you or any other person not a party
of this Limited Warranty.
9. If your Builder fails to complete any part of the
Home that is reasonably foreseeable to cause struc-
tural damage to the Home, then it is your
responsibility to complete such parts of the Home
to avoid the structural damage. If you fail to com-
plete the work, then any resulting structural damage
is not covered under this Limited Warranty.*
10. Costs incurred for unauthorized repairs to war-
ranted items are not reimbursable. Written
authorization prior to incurring expenses must be
obtained from the Administrator.
11. Whenever appropriate, the use of one gender in-
cludes all genders and the use of the singular
includes the plural.
12. Under this Limited Warranty, the Warrantor is not
responsible for exact color, texture or finish
matches in situations where materials are replaced
or repaired, or for areas repainted or when original
materials are discontinued.
13. Your Builder must assign to you all manufacturers'
warranties on products included in the Final Sales
Price of your Home. Neither the Insurer nor the
Administrator shall be liable for your Builder's fail-
ure to do so.
14. You are responsible for establishing a written, final
walk-through inspection list of items in need of ser-
vice prior to occupancy or closing, whichever is
first. This list must be signed and dated by you and
your Builder. Keep a copy for your records.
E. Exclusions
The following are NOT covered under this Limited
Warranty:
1. Loss or damage:
a. to land.
b. to the Home, persons or property directly or
indirectly caused by insects, birds, vermin, ro-
dents, or wild or domestic animals.
c. which arises while the Home is used primarily
for non-residential purposes.
d. caused by soil movement, including subsid-
ence, expansion or lateral movement of the soil
which is covered by any other insurance or for
which compensation is granted by legislation.*
e. resulting directly or indirectly from flood, sur-
face water, waves, tidal water, overflow of a
body of water, or spray from any of these
(whether or not driven by wind), water which
backs up from sewers or drains, changes in the
water table which were not reasonably foresee-
able, water below the surface of the ground
(including water which exerts pressure on or
seeps or leaks through a building, sidewalk,
driveway, foundation, swimming pool, or other
structure), wetlands, springs or aquifers.
f. from normal deterioration or wear and tear.
g. caused by material or work supplied by anyone
other than your Builder or its employees,
agents or subcontractors, including the items
listed as additional exclusions on the Applica-
tion For Warranty form.
h. from your or the condominium association's
failure to perform routine maintenance on the
Home, common areas, common elements or
your or the condominium association's
grounds.
*FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
Section
~~.
I The.- ..
~, Limited' '
Warranty
l (continued`,
i. after Year 1, to, resulting from, or made worse
by all components of structurally attached
decks, balconies, patios, porches, porch roofs
and porticos.
j. after Year 1, to, resulting from, or-made worse
by elements of the Home which are constructed
separate from foundation walls or other struc-
tural elements of the Home such as, but not
limited to, chimneys and concrete floors of
basements and attached garages.
k. to wiring, to and between communication de-
vices from the source of power, whether or not
connected to the interior wiring system of the
Home. Such devices shall include, but not be
limited to, telephone systems, television cable
systems, intercom systems, computer systems
and security systems. Sources of power shall
include, but not be limited to, service entrance
conductors, switches, outlets, receptacles and
junction boxes.
1. to recreationa! facilities; driveways; walkways;
patios, porches and stoops not structurally at-
tached; decks and balconies which are not
bolted to or cantilevered from the main struc-
ture of the Home; boundary and/or retaining
walls; bulkheads; fences; landscaping, sodding,
seeding, shrubs, trees and plantings; subsurface
drainage systems (other than footer drains);
lawn sprinkler systems; off-site improvements,
including streets, sidewalks, adjacent property
and the like; or any other improvements not
part of the Home itself.
2. Loss or damage resulting from, or made worse by:
a. changes in the grading of the property sur-
rounding the Home by anyone except your
Builder or its employees, agents or subcontrac-
tors.
b. changes in grading caused by erosion.
c. modifications or additions to the Home, or
property under or around the Home, made after
the Effective Date Of Warranty (other than
changes made in order to meet the obligations
of this Limited Warranty).
d. intrusion of water into crawl spaces.*
e. the weight and/or performance of any type of
waterbed or any other furnishing which ex-
ceeds the load-bearing design of the Home.
f. the presence or consequence of unacceptable
levels of radon, formaldehyde, carcinogenic
substances or other pollutants and contami-
nants; or the presence of hazardous or toxic
materials resulting in uninhabitability or health
risk within the Home.
g. acts or omissions by you, your agents, employ-
ees, licensees, invitees; accidents, riots, civil
commotion, nuclear hazards, acts of God or na-
ture, fire, explosion, blasting, smoke, water
escape, windstorms, hail, lightning, ice, snow,
falling trees, aircraft, vehicles, flood, inud
slides, sinkholes, mine subsidence, faults, crev-
ices, earthquake, land shock waves or tremors
occurring before, during or after a volcanic
eruption.
h. your failure to perform routine maintenance.
your failure to minimize or prevent such loss or
damage in a timely manner.
defects in, but not limited to: recreational fa-
cilities; driveways; walkways; patios, porches
and stoops not structurally attached; decks and
balconies which are not bolted to or cantile-
vered from the main structure of the Home;
boundary and/or retaining walls; bulkheads;
fences; landscaping, sodding, seeding, shrubs,
trees and plantings; subsurface drainage sys-
tems (other than footer drains); lawn sprinkler
systems; off-site improvements, including
streets, sidewalks, adjacent property and the
like; or any other improvements not part of the
Home itself.
k. defects in detached garages or outbuildings
(except those which contain plumbing, electri-
cal, heating, cooling or ventilating systems
serving the Home, and then only to the extent
where Defects would affect these systems). A
detached garage is one which is constructed on
its o~vn foundation, separate and apart from the
foundation of the Home. A breezeway, fence,
utility line or similar union shall not cause a
garage or outbuilding to be considered at-
tached.
negligent maintenance or operation of the
Home and -its systems by anyone other than
your Builder or its agents, employees or sub-
contractors.
page 319.5
~sle9s HuR~sn~~~s. PA
Rev.9i01
W'PIC #319
m. any portion of a Water Supply System, private
or public, including volume and pressure of
water flow.*
n. quality and potability of water.
o. any portion of a Sewage Disposal System, pri-
vate or public, including design.*
p. dampness, condensation or heat build-up
*FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
Section
{`. ':
The
Lirni#ed;
Warranty
page 319.6
'e`~1996 Harrisburg, PA
Rev. 9101
WPIC A319
caused by your failure to maintain proper venti-
lation.
3. Failure of your Builder to complete construction of
the Home or any part of the Home on or before the
Effective Date Of Warranty or damages arising
from such failure. An incomplete item is not con-
sidered aDefect, although your Builder may be
obligated to complete such items under separate
agreements between you and your Builder.
4. Any deficiency which does not result in actual
physical damage or loss to the Home.
5. Any Consequential Damages.
6. Personal property damage or bodily injury.
7
8.
Violation of applicable Building Codes or ordi-
nances unless. such violation results in a Defect
which is otherwise covered under this Limited War-
ranty. Under such circumstances, the obligation of
the Warrantor under this Limited Warranty shall
only be to repair the defective warranted portion of
the Home, but not to restore or bring the Home to
conform to code.
Any request for warranty performance submitted to
the Administrator after an unreasonable delay or
later than 30 days after the expiration of the appli-
cable warranty period.
Warranted Defects that you repair without prior
written authorization of the Administrator.
10. Any damages to, or resulting from a swimming pool
whether located within or outside the Home, as a
result of its construction, placement, use, equip-
ment, maintenance, etc.
11. The removal and/or replacement of items specifi-
cally excluded from coverage under this Limited
Warranty, such as landscaping or personal property,
items not originally installed by your Builder, such
as wallpaper, where removal and replacement are
required to execute a repair.
12. Any Defect consisting of, caused by, contributed to,
or aggravated by moisture, wet or dry rot, mold,
mildew, fungus or rust.
13. Sound transmission and sound proofing between
rooms or floor levels.
14. Appliances and Equipment included in the Home
are not warranted under this Limited Warranty, but
may be covered by separate warranties provided by
the manufacturer or supplier. These warranties are
passed on to you by your Builder at closing and are
separate from this Limited Wananty.t
F. limitation of Liability
1. The Warrantor's liability and obligations are lim-
ited to the repair, replacement or the payment of the
reasonable cost of repair or replacement of war-
ranted items not to exceed an aggregate equal to the
Final Sales Price of the Home as listed on the Ap-
plication for Warranty form or in the absence of an
Application for Warranty form, as otherwise pro-
vided to the Administrator by the Builder. The
choice to repair, replace or make payment is the
Warrantor's.
2. All other warranties, express or implied, including,
but not limited to, all implied warranties of fitness,
merchantability or habitability, are disclaimed and
excluded to the extent allowed by law.
t Homeowners in the State of New York, refer to State of New York Addendum, Section V.B.
*FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply t
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
BASEMENT 1.1 Cracks appear in No action required. The expansion/contraction joint is placed to
control joints. control cracking. This is not a deficiency.
1.2 Pit, depression or areas Builder will correct those areas in In rooms not initially designed as finished
of unevenness in areas which Defect exceeds 1 /4 in. within living areas or where a floor or a portion of
designed for living a 32 in. measurement. a floor surface has been designed for
purposes. specific drainage purposes, a slope which
exceeds 1/4 in. within a 32 in. measurement
is not a deficiency.
1.3 Cracks in poured con- Builder will correct any crack Shrinkage cracks are common and should
Crete foundation walls. which exceeds 1/8 in. in width. be expected. Surface patching and epoxy
injection are examples of acceptable repair
methods.
1.4 Cracks in block or Builder will correct cracks which Some cracks are common through masonry
veneer wall. exceed 1/4 in. in width. and mortar joints. Cracks 1/4 in. or less are
considered routine Owner maintenance.
t.5 Leaks resulting in Builder will correct. A one-time occurrence may not indicate a
actual flow or trickling Defect. Owner must maintain proper
of water through wall grading around the Home and maintain any
or floor, causing an surface water control systems installed by
accumulation. Builder. Dampness and condensation are
normal conditions and are not covered by '
this Limited Warranty.
1.6 Disintegration of the Builder will correct disintegrated Disintegration caused by erosion due to
concrete floor surface. surfaces caused by improper salt, chemicals, implements used and other
placement of concrete. factors beyond Builder's control is not a
warranted deficiency.
1.7 Cracks in concrete floor Builder will correct so Defect is not Minor impressions in floor covering are
which rupture or signif- readily noticeable when floor not considered significant imperfections.
icantly impair perfor- covering is in place.
mance of floor covering.
1.8 Condensation on wails, No action required. Maintaining adequate ventilation and
joists, support columns moisture control is considered Owner
and other components maintenance.
of basement area.
CRAWL SPACE 1.9 Cracks in poured con- Builder will correct any crack Surface patching and epoxy injection are
Crete foundation walls. which exceeds 1/8 in. in width. examples of acceptable repair methods.
Shrinkage cracks of 1/8 in. or less are
common and should be expected.
1.10 Cracks in block or Builder will correct cracks greater Surface patching and epoxy injection are
veneer wall. than 1/4 in. in width. examples of acceptable repair methods.
Shrinkage cracks of 1/4 in. or less are
common and should be expected.
1.11 Inadequate ventilation. Builder will install properly Maintaining adequate ventilation and
sized louvers or vents. moisture control, including seasonal
adjustment of vent openings, is considered
Owner maintenance.
1.12 Condensation on walls, No action required. Maintaining adequate ventilation and
joists, support columns moisture control, including seasonal
and other components adjustment of vent openings, is considered
of the crawl space area. Owner maintenance.
page 319.7
'~1196R ~ q/Q~~~' PA t Homeowners in the State of New York, refer to State of New York Addendum, Section V.B.
w~ic a3iv
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
SLAB ON GRADE 1.13 Cracks appear at control No action required. Expansion/contractionfoint is placed to
joints. control cracking. This is not a deficiency.
1.14 Pits, depressions or areas Builder will correct areas in which In rooms not initially designed as finished
of unevenness in areas Defect exceeds 1/4 in. within a 32 in, living areas or where a floor or a portion of
designed for living measurement. a floor surface has been designed for
purposes. specific drainage purposes, a slope which
exceeds 1/4 in. within a 32 in. measurement
is acceptable.
1.15 Disintegration of con-
crete floor surface.
Builder will conect disintegrated
surfaces caused by improper
placement of concrete.
Disintegration caused by erosion due to
salt, chemicals, implements used and other
factors beyond Builder's control is not a
warranted deficiency.
1.16 Crack in concrete floor
which ruptures or signifi-
cantly impairs perfor-
mance of floor covering.
1.17 Cracks in attached
garage slab.
1.18 Cracks in concrete floor
of unfinished area (no
floor covering) or in areas
not designed for living.
1.19 Cracks in visible face of Builder will correct cracks in Surface patching and epoxy injections are
foundation. excess of 1 /8 in. in width. examples of acceptable repair methods.
Shrinkage cracks are common and should
be expected.
CEILING 2.1 Uneven ceiling. Builder will correct if unevenness Some minor framing imperfections should
exceeds 1/4 in. within a 32 in. be expected.
measurement.
FLOOR 2.2 High and low areas. Builder will correct if high or low Some minor framing imperfections should
areas exceed 1/4 in. within a 32 in. be expected.
measurement.
2.3 Floor squeaks. Builder will correct if caused by a A squeak-proof floor cannot be guaranteed.
defective joist or improperly Lumber shrinkage as well as temperature
installed subfloor. and humidity changes may cause squeaks.
Builder will correct so Defect is not
readily noticeable when floor
covering is in place.
Builder will correct cracks which
exceed 1 /4 in. in width or vertical
displacement.
Builder will correct cracks which
exceed 1/4 in. in width or
vertical displacement.
Minor impressions in floor covering are
not considered significant imperfections.
Surface patching and epoxy injections are
examples of acceptable repair methods.
Shrinkage cracks are common and should
be expected.
Surface patching and epoxy injections are
examples of acceptable repair methods.
Shrinkage cracks are common and should
be expected.
RooF 2.4 Split or warped rafters or No action required. Some splitting and warping is normal and
trusses. is caused by high temperature effects on
lumber.
WALL 2.5 Bow or bulge. Builder will correct if bow or bulge Minor framing imperfections should be
exceeds ll4 in. within 32 in. expected.
horizontal or vertical measurement.
2.6 Out-of-plumb.
Builder will correct where out-of-
plumb condition exceeds 314 in.
within 8 ft. vertical measurement.
Minor framing imperfections should be
expected.
page 3i9.8 2.7 Wall is out-of-square. No action required. A wall out-of-square is not a Defect.
<'%19)6 1{om.~burb, PA
Rev. 9; 01
WPIC X319
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
STRUCTURALLY 3.1 Wood twisting, warping Builder will correct only if due to Twisting, warping or splitting of wood
ATTACHED or splitting. improper installation. deck material is normal due to exposure to
WOOD DECKS the elements. Owner maintenance is
required.
3Z Settlement. Builder will correct slope of deck Some slope is often provided to allow
which exceeds a ratio of 2 in. in a for water drainage.
10 ft. measurement.
3.3 Loose railing or post. Builder will correct if due to Owner maintenance is required.
improper installation.
DOOR 3.4 Binds, sticks or does Builder will correct if caused Seasonal changes may cause doors to
not latch. by faulty workmanship or materials. expand and contract, and are usually
temporary conditions.
3.5 Wood door panel
shrinks.
No action required.
Panels will shrink and expand and
may expose unfinished surfaces.
3.6 Warping.
3.7 Split in panel.
3.8 Separation between
door and weather-
stripping.
3.4 Screen mesh is torn or
damaged.
3.10 Overhead garage door Builder will correct garage doors Some entrance of elements can be expected
fails to operate or allows which do not fit or operate proper]y. and is not considered a deficiency. If Owner
rain or snow to leak installs a garage door opener, Builder is
through. not responsible for operation of door.
Builder will correct warping which
exceeds 1/4 in., measured vertically,
horizontally or diagonally.
Builder will correct if split allows
the entrance of elements.
Builder will correct if daylight is
visible or if entrance of elements
occurs under normal conditions.
Builder will correct only if damage
is documented prior to occupancy.
Seasonal changes may cause doors to
expand and contract, and are usually
temporary conditions.
Splits which do not allow the entrance of
elements are considered normal. Owner
maintenance is required.
Even with properly installed weather
stripping, some movement of the door,
when closed, maybe expected. Owner
maintenance is required for minor
alterations to adjustable thresholds and
other parts of the door.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
ROOFING 3.11 Roof and roof flashing Builder will correct if leak occurs No action is required if leak is due to snow
leaks. under normal conditions. or ice build-up, high winds or driving
rains.
3.12 Lifted, torn or curled
shingles.
Builder will correct if due to
poor installation.
Owner maintenance is required.
3.13 Inadequate ventilation.
3.14 Water stays in gutters.
3.15 Gutter or downspout
leaks.
Builder will provide adequate
ventilation.
Moisture accumulation in attics which are
not adequately vented is a deficiency. It is
Owner's responsibility to keep existing
vents clear of obstructions to promote
air flow.
Builder will correct to limit standing Owner is responsible for keeping gutters
water depth at 1 in. and downspouts clean.
Builder will correct leaks at Owner is responsible for keeping gutters
connections. and downspouts clean. Gutters may over-
flow during heavy rains.
page 319.9
01996 Nnrrisburg, pA
Rcv. 9i0{
W P{C x319
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
SITE WORK 3.16 Standing water within Builder will correct water which Standing water beyond the 10 ft. perimeter
10 ft. of the foundation. stands for more than 24 hours, or of the foundation is not covered by this
more than 48 hours in swales. Limited Warranty. Owner is responsible for
establishing and maintaining adequate
ground cover.
3.17 Settling of ground If final grading was performed by If settlement does not exceed 6 in., it is
around foundation walls, Builder, he will replace fill in Owner's responsibility to fill affected
utility trenches or other excessively settled areas only once.* areas. The party responsible for establishing
filled areas on property the final grade shall provide for positive
where there has been drainage away from foundation. Owner
excavation and backfill is responsible for establishing and
which affected maintaining adequate ground cover.
foundation drainage.
STRUCTURALLY 3.18 Settlement, heaving or Builder will correct if movement Stoops, porches and patios which are
ATTACHED movement. exceeds 1 in. from the Home for poured separately and simply abut the
STOOP, PoxcH stoops, porches and patios which are house are not covered by this Limited
& PATIO structurally attached. Warranty.
3.19 Concrete splatters on Builder will correct only if damage Owner is responsible for establishing a
adjacent surfaces. is documented prior to occupancy. pre-closing walk-through inspection list.
WALL COVERING 3.20 Entrance of elements Builder will correct entrance of Any separations 3/8 in. or less are
through separations of elements or separations exceeding considered routine Owner maintenance.
siding or trim joints, or 3/8 in. by caulking or other
separation between trim methods.
and surfaces of
masonry or siding.
3.21 Cracks in stucco, cement Builder will correct cracks which Hairline cracks are common.
and plaster surfaces. exceed 1/8 in. in width.
3.22 Siding materials Builder will correct affected area Separated, loose or delaminated siding can
deteriorate, delaminate if due to improper workmanship also be due to improper maintenance.
or come loose. or materials. Wavy siding may be due to temperature
changes and can be expected.
3.23 Paint or stain peels Builder will correct. If 75% of a Some fading is normal and is caused by
or deteriorates. particular wall is affected, entire weathering. Mildew and fungus on siding
wall will be corrected. are caused by climatic conditions and are
considered routine maintenance. Varnish
or lacquer will deteriorate quickly and is
not covered by this Limited Warranty.
3.24 Paint splatters and Builder will correct only if damage Owner is responsible for establishing a
smears on other surfaces. is documented prior to occupancy. pre-closing walk-through inspection list.
3.25 Faulty application of Builder will correct affected area. Some minor imperfections such as over-
paint on wall and trim If greater than 75% of wall spray, brushmarks, etc., are common and
surfaces. or trim piece is affected, entire should be expected.
surface will be corrected.
3.26 Knot holes bleed Builder will correct affected areas Knot holes will be apparent depending on
through paint or stain. where excessive bleeding of the quality of material used.
knots appear.
3.27 Vent or louver leaks. Builder will correct if caused by Properly installed louvers or vents may at
improper installation. times allow rain or snow to enter under
strong wind conditions and is not a
deficiency.
page 319.10
+~~1996 H~xisburg, PA
Rev. 9/01
WPIC X319
*FHANA Homeowners, refer to HUD Addendum, Section V.D.
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
WALL COVERING 3.28 Cracks in masonry, Builder will con'ect cracks which Some cracks are common through masonry
~CONTINUED~ veneer, stone, etc, exceed 1/4 in. in width. and mortar joints. Cracks 1/4 in. or less are
considered routine Owner maintenance.
WINDOWS 3.29 Condensation or frost No action required. Condensation is relative to the quality and
on interior window type of windows. Temperature differences
surface. in high levels of humidity along with indivi-
dual living habits will cause condensation.
3.30 Clouding or conden-
sation between panes
of glass.
3.31 Glass breakage.
3.32 Excessive drafts and
leaks.
Builder will correct only if damage
is documented prior to occupancy.
Builder will correct only if damage
is documented prior to occupancy.
Builder will correct poorly fitted
windows.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
Relative to the quality and type of
windows, some drafts are normally
noticeable around windows, especially
during high winds. It may be necessary for
the Owner to have storm windows installed
to provide a satisfactory solution in high
wind areas. All caulking materials expand
and contract due to temperature variation
and dissimilar materials. Maintenance of
weather stripping is Owner's responsibility.
3.33 Difficult to open, close Builder will correct. Windows should open, close and lock with
or lock. reasonable pressure.
Doors 4.1 Latch is loose or rattles. No action required. Some minor movement should be
expected.
4.2 Binds, sticks or does Builder will correct if due to
not latch. faulty workmanship and
materials.
4.3 Warping. Builder will correct warping which
exceeds 1/4 in., measured vertically,
horizontally or diagonally.
4.4 Excessive opening at Builder will correct gaps in excess
bottom. of 1-1/2 in, between bottom of
passage door and finished floor or
2 in. between bottom of closet door
and finished floor.
4.5 Rubs on carpet. Builder will correct.
Seasonal changes may cause doors to
expand and contract, and is usually a
temporary condition.
Seasonal changes may cause doors to
expand and contract, and aze usually
temporary conditions.
Gaps under doors are intended for air flow.
Builder is not responsible if Owner installs
carpet.
page 319.11
X1996 Hnrtisburg, PA
Rev. 9/01
\VPIC #319
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
WALLS CEILINGS 4.b Cracks and separations Builder will correct cracks in excess Minor seam separations and cracks, along
SURFACES, FINISHES in drywall, lath or of 1/8 in. in width. Builder will with other slight imperfections, are
& TRIM plaster; nail pops. correct nail pops which have broken common and should be expected. Minor
finished surface. depressions and slight mounds at nail heads
are not Defects.
4.7 Peeling of wallpaper. Builder will correct if not due to Builder is not responsible far wallpaper
Owner neglect or abuses. installed by Purchaser. Owner is respon-
sible for maintaining adequate ventilation
in areas of high humidity, such as kitchens
and bathrooms.
4.8 Separated seams in Builder will correct if wall surface Minor imperfections can be expected.
wallpaper. is readily visible.
4.9 Lumps, ridges and nail No action required. Owner should insure that surface to be
pops in wallboard which covered is suitable for installation of wall
appear after Owner has covering.
wall covering installed
by himself or others.
4.10 Surface deficiencies in Builder will correct readily Owner is responsible for establishing a
finished woodwork. apparent splits, cracks, hammer pre-closing walk-through inspection list.
marks and exposed nail heads, only
if documented prior to occupancy.
4.11 Gaps between trim and Builder will correct gaps in excess Some separation due to lumber shrinkage
adjacent surfaces, and of i/8 in. at trim joints and I/4 in. is normal and should be expected.
gaps at trim joints. between trim and adjacent
surfaces.
4.12 Cracks in ceramic grout Builder will correct cracks in excess Cracking of grout joints is common and is
joints. of 1/8 in. one time only. considered routine Owner maintenance
unless excessive.
4.13 Ceramic the cracks or Builder will correct only if docu- Owner is responsible for establishing a
becomes loose. mented prior to occupancy. pre-closing walk-through inspection list.
4.14 Cracking or deterioration No action required. All interior caulking shrinks and deterior-
ofcaulking. ates. Owner maintenance is required.
4.15 Wali or trim surfaces Builder will correct affected area. Some minor imperfections such as over-
visible through paint. If greater than 75% of wall, trim spray, brushmarks, etc,, are common and
piece, or ceiling is affected, entire should be expected.
surface will be corrected.
page 319.12
~~~ ~ 49h Harriabur!~. PA
uw.n;oi `
wric s;i~~
The following Warranty Standards are applicable only to warranted items stated in Section [I of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
FLOOR COVERINC* 4.16 Resilient flooring comes Builder will correct. Owner maintenance is required.
loose at edge.
4.17 Fades, stains or
discolors.
4.18 Premature wearing
of carpet.
4.19 Visible gaps at carpet
seams.
4.20 Carpet becomes loose or
buckles.
4.21 Gaps at seams of resilient
flooring.
4.22 Fastener pops through
resilient flooring.
Builder will correct stains or spots Fading is not a deficiency. Owner is
only if documented prior to responsible for establishing apre-closing
occupancy. walk-through inspection list.
No action required. Excessive wear in high-traffic areas
such as entryways and hallways is normal.
Wearability is directly related to
quality of carpet.
Builder will correct gaps. Seams will be apparent. Owner
maintenance is required.
Builder will correct. Some stretching is normal. Owner should
exercise care in moving fumihue.
Builder will correct gaps of similar Minor gaps should be expected.
materials in excess of 1/8 in., and
3/16 in. where dissimilar materials
abut.
Builder will correct where fastener
has broken through floor
covering.
4.23 Depressions or ridges in Builder will correct depressions
resilient flooring at or ridges which exceed l/8 in. in
seams of sub-flooring. height or depth.
4.24 Cuts and gouges in any
floor covering.
4.25 Hollow sounding marble
or tile.
Builder will correct only if
documented prior to occupancy
Sharp objects such as high heels, table and
chair legs, can cause similar problems, and
are not covered by this Limited Warranty.
This is determined by placing a 6 in.
straight edge over ridge or depression,
with 3 in. on either side, and measuring
height or depth at sub-flooring seam.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
No action required.
Hollow sounding marble or the is not a
deficiency of construction and is not
covered under this warranty.
SUB-FLOORING 4.26 Loose sub-flooring. Builder will correct if due to a Lumber shrinkage.as well as temperature
defective joist or improper fastening. and humidity changes may cause loose
sub-flooring.
page 319.13
~'~~~~~~~ ii.~rt~,n«~~, ra '"FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
iz~,. ~roi
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
ELECTRICAL 5.1 Circuit breakers trip Builder will correct if tripping Ground Fault Circuit Interrupters (GFCI)
excessively. occurs under normal usage. are intended to trip as a safety factor.
5.2 Outlets, switches or Builder will correct if caused by Owner should exercise routine care and
fixtures malfunction. defective workmanship or maintenance. Replacement of light bulbs
materials. is Owner's responsibility.
HEATING & COOLING 5.3 Condensation lines clog No action required. Condensation lines wilt clog under normal
under normal use. conditions. Continued operation of drain
line requires Owner maintenance.
5.4 Noisy duct work.
Builder will correct oil canning
noise if caused by improper
installation.
When metal heats and cools, ticking and
cracking may occur and are not covered
by this Limited Warranty.
5.5 Insufficient heating.
5.6 Insufficient cooling
5.7 Refrigerant line leaks
Builder will correct if heating
system cannot maintain a 70 degree
Fahrenheit temperature, under normal
operating and weather conditions.
Temperature shall be measured at a
point 5 ft. above center of floor in
affected area. On extremely cold
days, a 6 degree difference between
actual inside temperature and thermo-
stat setting is acceptable. All rooms
may vary in temperature by as much
as 4 degrees.
Builder will correct if cooling
system cannot maintain a 78 degree
Fahrenheit temperature, under normal
operating and weather conditions.
Temperature shall be measured at a
point 5 ft. above center of the floor
in the affected room. On excessively
hot days, where outside temperature
exceeds 95 degrees Fahrenheit, a
difference of 17 degrees from outside
temperature will be difficult to
maintain. All rooms may vary in
temperature by as much as 4 degrees.
Builder will correct.
Orientation of the Home, location of rooms
and location of vents will also provide
a temperature differential. There may be
periods when outdoor temperature falls
below design temperature thereby lowering
temperature in the Home. Certain aspects of
the Home including, but not limited to,
expansive stairways, open foyers,
sunrooms or cathedral ceilings may cause
abnormal variation from these Standards
and are not covered by this Limited
Warranty.
Orientation of the Home, location of rooms
and location of vents will also provide a
temperature differential. There may be
periods when outdoor temperature rises
above design temperature thereby raising
temperature in the Home. Certain aspects of
the Home including, but not limited to,
expansive stairways, open foyers,
sunrooms or cathedral ceilings may cause
abnormal variation from these Standards
and are not covered by this Limited
Warranty.
Owner maintenance is required on the
system.
PLUn1BING* 5.8 Pipe freezes and bursts. Builder will correct if due to Proper winterization of pipes is considered
faulty workmanship or materials. routine maintenance and Owner should
maintain suitable temperatures inside the
Home.
5.9 Noisy water pipe.
Builder will correct hammering
noise if caused by improper
installation.
Some noise can be expected due to flow
of water and pipe expansion. This is not a
Defect.
5.10 Plumbing fixtures,
appliances and trim
fittings leak or malfunction.
Builder will correct if due to
faulty workmanship and materials.
Owner maintenance is required. Scratches,
tarnishing or marring must be noted on a
pre-closing walk-through inspection list.
page 319.14
s~lv~a H~'sb~8' Pn *FHA/VA Homeowners, refer to HUD Addendum, Section V.D.
Rev. 9101
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
BATHROOM I 6.1 Cabinet separates from
& KITCHEN 4 wall or ceiling.
6.2 Crack in door panel.
Builder will correct separation in
excess of 1/4 in.
Builder will correct only if
documented prior to occupancy.
Some separation is normal. Caulking is an
acceptable method of repair.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
6.3 Warping of cabinet door
or drawer front.
6.4 Doors or drawers do not
operate.
6.S Chips, cracks, scratches
on countertop, cabinet
fixture, fitting or
appliance.
6.6 Delamination of
countertop or cabinet.
6.7 Cracks or chips in
fixture.
6.8 Defective fixture,
fitting or appliance.
Builder will correct if warp exceeds
3J8 in. as measured from cabinet
frame.
Builder will correct.
Builder will correct only if
documented prior to occupancy
Builder will correct only if
documented prior to occupancy.
Builder will correct only if
documented prior to occupancy
Builder will correct.
Seasonal changes may cause warping and
may be a temporary condition.
Owner maintenance is required.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
Owner is responsible for establishing a
pre-closing walk-through inspection list.
Owner maintenance is required.
CHIMNEY I b.9 Exterior and interior Builder will correct cracks in
& FIREPLACE l masonry veneer cracks. excess of 1 /4 in. in width.
6.10 Firebox color is changed; No action required.
accumulation of residue
in chimney or flue.
6.11 Chimney separates from Builder will correct separation in
the Home. excess of 1/2 in. within 10 ft.
6.12 Smoke in living area.
6.13 Water infiltration into
firebox from flue.
6.14 Firebrick or mortar joint
cracks.
Builder will correct if caused by
improper construction or
inadequate clearance.
No action required.
No action required.
Some cracks are common in masonry and
mortar joints. Cracks 114 in. in width or
less are considered Owner maintenance.
Owner maintenance is required.
Newly built chimneys will often incur
slight amounts of separation.
Temporary negative draft situations can be
caused by high winds; obstructions such as
tree branches too close to the chimney;
the geographic location of the fireplace; or
its relationship to adjoining walls and roof.
In some cases, it may be necessary to open
a window to create an effective draft. Since
negative draft conditions could be temp-
orary, it is necessary that Owner substan-
tiate problem to Builder by constructing a
fire so the condition can be observed.
A certain amount of rainwater can be
expected under certain conditions.
Intense heat may cause cracking.
INSULATION 6.15 Air infiltration around No action required. Air flow around electrical boxes is
electrical receptacles. normal and is not a deficiency.
page 319.15
~31~w6 Harrisburg, PA
Rev. 9/01
wo~r st~o
The following Warranty Standards are applicable only to warranted items stated in Section II a
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
ELECTRICAL B.1 Wiring fails to carry Builder will correct if failure is due Switches, outlets and fixtures are applicabl
specified load. to improper installation or materials. to Year 1 Coverage Only.
B.2 Duct work separates. Builder will correct.
Owner maintenance is required.
PLUMBING B.3 Pipe leaks. Builder will correct. Condensation on pipes does not constitute
leakage. Faulty faucets, valves, joints and
fittings are applicable to Year 1 Coverage
Only.
B.4 Water supply stops.
B.5 Clogged drain or sewer
page 319.16
i~ 1996 Harrisburg, PA
R.~ Olllt
Builder will correct if due to faulty
workmanship or materials inside
the Home.
Builder will correct clog within
structure caused by faulty
workmanship or materials.
Drought or causes other than faulty
workmanship and materials will not be
covered under this Limited Warranty.
Clogs and stoppages beyond the exterior
wall are not covered by this Limited
Warranty. Routine Owner maintenance
and proper use is required.
The following Warranty Standards are applicable only to warranted items stated in Section II of
this Limited Warranty. Read Section II to determine if the following Warranty Standards apply.
CATEGORY OBSERVATION ACTION REQUIRED COMMENTS
MAJOR STRUCTURAL, 4 C•1
DEFECTS
Structural Detects
The criteria for establishing the existence
of a Major Structural Defect is set forth in
Section I.B.15 of this Limited Warranty
Agreement.
The Warrantor will correct Major
Structural Defects, limited to such
actions as are necessary to restore
the load-bearing capability of the
component(s) affected by a Major
Structural Defect.
page 319.17
01996 liarris6ur~. PA
Rcv. 9l01
WPIC pll9
Section
V.
Requesting
Warranty
page 319.18
~[t996 Hartisburg, PA
Rav. 4i01
WPIC g3I9
A. Notice to Warrantor in Years 1 & 2
If a Defect occurs in Years 1 and 2, you must notify
your Builder in writing. Your request for warranty per-
formance should clearly describe the Defect(s) in
reasonable detail.
2. Request for warranty performance to your Builder
does not constitute notice to the Administrator, and it
will not extend applicable coverage periods. You must
provide the Warrantor with reasonable weekday access
during normal business hours in order to perform its
obligations.
3. If a request for warranty performance to your Builder
does not result in satisfactory action within a reason-
able time, written notice must be given to RWC,
Administrator, 5300 Derry Street, Harrisburg, Pennsyl-
vania 17111-3598, Attn: Warranty Resolution
Department. This notice should describe each item in
reasonable detail and should be forwarded by certified
mail, return receipt requested.
4. Please note that a written request for warranty perfor-
mance must be mailed to RWC and postmarked no
later than thirty (30) days after the expiration of the
applicable warranty period. For example, if the item is
one which is warranted by your Builder during your
second year of coverage, a request for warranty per-
formance must he mailed to RWC and postmarked no
later than thirty (30) days after the end of the second
year to be valid.
B. Notice to Warrantor in Years 3-10
If a Defect related to a warranted MSD occurs in Years
3 through 10 of this Limited Warranty, you must notify
the Administrator to review the item. All such notices
must be presented in writing to RWC, Administrator,
5300 Derry Street, Harrisburg, Pennsylvania 17111-
3598, Attn: Warranty Resolution Department, by
certified mail, return receipt requested, within a rea-
sonable time after the situation arises. Any such notice
should describe the condition of the MSD in reason-
able detail. Requests for warranty performance
postmarked more than thirty (30) days after the expira-
tion of the term of this Limited Warranty will not be
honored.
C. Purchaser's Obligations
I. Your notice to the Administrator must contain the
following information:
a. Enrollment # and Effective Date Of Warranty;
b. Your Builder's name and address;
c. Your name, address and phone number (including
home and work numbers);
d. Reasonably specific description of the warranty
item(s) to be reviewed;
e. A copy of any written notice to your Builder.
f Photograph(s) may be required.
You have an obligation to cooperate with the
Administrator's mediation, inspection and investiga-
tion of your warranty request. From time to time, the
Administrator may request information from you re-
garding an alleged defect. Failure by you or your
appointed representative to respond with the request
information within thirty (30) days of the date of t:
Administrator's request can result in the closing
your warranty file.
D. Mediation and Inspection
Within thirty (30) days following the Administrator's recei
of proper notice of request for warranty performance, the A
ministrato:r may review and mediate your request 1
communicating with you, your Builder and any other inc
viduals or entities who the Administrator believes posse
relevant information. If, after thirty (30) days, the Administr
for has not been able to successfully mediate your request,
at any earlier time when the Administrator believes that yo
Builder and you are at an impasse, then the Administrator w
notify you that your request has become an Unresolved Wa
ranty Issue. At any time following the receipt of proper noti~
of your request for warranty performance, the Administrat
may schedule an inspection of the item. You must provide tl
Administrator reasonable access for any such inspection
discussed in Section IV.E.2. The Administrator, at its discr
lion, may schedule a subsequent inspection to determi~
Builder compliance.
When a request for warranty performance is filed and tl
deficiency cannot be observed under normal conditions,
is your responsibility to substantiate that the need fl
warranty performance exists including any cost involve
If properly substantiated, you will be reimbursed by tl
Warrantor.
E. Arbitration
1. You begin the arbitration process by giving the Ai
ministrator written notice of your request f~
arbitration of an Unresolved Warranty Issue. With
twenty (20) days after the Administrator's receipt
your notice of request for arbitration, any Unresolve
Wananty Issue that you have with the Warrantor shat l t
submitted to an independent arbitration service upc
which you and the Administrator agree. This bindin
arbitration is governed by the procedures of the Feder
Arbitration Act, 9 U.S.C. 1 et. seq. If you submit
request for arbitration, you must pay the arbitration feE
before the matter issub-miffed to the arbitration servic
After arbitration, the Arbitrator shall have the power i
award the cost of this fee to any party or to split it amor
the parties to the arbitration. The arbitration shall t
conducted in accordance with this Limited Warranty ar.
the arbitration rules and regulations to the extent th;
they are not in conflict with the Federal Arbitration Act
Within one (1) year after an arbitration award, eithi
party may apply to the U.S. District Court where tl
Home is situated to confirm the award. The Admen
strator's receipt of a written request for arbitration i
appropriate form shall stop the running of any statue
of limitations applicable to the matter to be arbitrate
until the Arbitrator renders a decision. The decision c
the Arbitrator shall be final and binding upon all pa:
ties.t
Since this Limited Warranty provides for mandator
binding arbitration of Unresolved Warranty Issues,
any party commences litigation in violation of the
t Hnmerna;nPrc i„ rhA CrorA.,PAio,,. v,..i, .-.,a.._.,. c.,,.,...c>,r_._. v__r. n a~. n._..__ ..
Section
~V.
(continued)
page 319.19
91996 Harrisburg, PA
Rev. 9/01
W PIC #319
Limited Warranty, such party shall reimburse the other
parties to the litigation for their costs and expenses,
including attorney fees, incurred in seeking dismissal
of such ]itigation.*
In Years 1 & 2, the Builder shall have sixty (60) days
from the date the Administrator sends the Ar-bitrator's
award to the Builder to comply with the Arbitrator's
decision. In Years 3-10, the Warrantor shall have sixty
(60) days from the date the Administrator receives the
Arbitrator's award to comply with the Arbitrator's de-
cision. Warranty compliance will begin as soon as
possible and will be completed within the sixty-day
compliance period with the exception of any repair
that would reasonably take more than sixty (60) days
to complete, including, but not limited to, repair de-
layed or prolonged by inclement weather. The
Warrantor will complete such repair or replacement as
soon as possible without incurring overtime or week-
end expenses.
You may request a compliance arbitration within
twenty (20) days after the sixty-day compliance period
has expired by giving the Administrator written notice
of your request. You must pay the fees for the compli-
ance arbitration prior to the matter being submitted to
the arbitration service.
You must provide the Warrantor with reasonable
weekday access during normal business hours in order
to perform its obligations. Failure by you to provide
such access to the Warrantor may relieve the Warran-
tor of its obligations under this Limited Warranty. If
your Builder does not fulfill its obligations under this
Limited Warranty, the Admini- strator will process the
request for warranty performance as described in this
Limited Warranty and subject to the provisions in Sec-
tion IV.F.
F. Conditions of Warranty Performance
1. When your request for warranty performance is deter-
mined to be a warranted issue, the Warrantor reserves
the right to repair or replace the warranted item, or to pay
you the reasonable cost ofrepair or replacement.
2. In Years 1 and 2, if your Builder defaults in its war-
ranty obligations, the Administrator will process the
request for warranty performance provided you pay a
warranty service fee of $250 for each request prior to
repair or replacement.**•
3. In Years 3 through 10 you must pay the Administrator
a warranty service fee of $500 for each request.**•
4. If the Administrator elects to award you cash rather
than repair or replace a warranted item, the warranty
service fee will be subtracted from the cash payment.
5. If the Warrantor pays the reasonable cost of repairing a
warranted item, the payment shall be made to you and to
any mortgagee or mortgagee's successor as each of your
interests may appear; provided that the mortgagee has
notified the Administrator in writing of its security in-
terest in the Home prior to such payment. Warrantor
shall not have any obligation to make payment jointly to
the Purchaser and mortgagee where the mortgagee has
of its security interest in the Home prior to such pay-
ment. Any mortgagee shall be completely bound by any
mediation or arbitration relating to a request for war-
ranty perfotmancebetween you and the Warrantor.*
Prior to payment for the reasonable cost of repair or
replacement of warranted items, you must sign and de-
liver to the Builder or the Administrator, as applicable,
a full and unconditional release, in recordable form, of
all legal obligations with respect to the warranted De-
fects and any conditions arising from the warranted
items.
Upon completion of repair or replacement of a war-
ranted Defect, you must sign and deliver to the Builder
or the Administrator, as applicable, a full and uncondi-
tional release, in recordable form, of all legal
obligations with respect to the Defect and any condi-
tions arising from the situation. The repaired or
replaced warranted item will continue to be warranted
by this Limited Warranty for the remainder of the ap-
plicable period of coverage.
8. If the Warrantor repairs, replaces or pays you the rea-
sonable cost to repair or replace a warranted item, the
Warrantor shall be subrogated to all your rights of re-
covery against any person or entity. You must execute
and deliver any and all instruments and papers and
take any and all other actions necessary to secure such
rights, including, but not limited to, assignment of pro-
ceeds of any insurance or other warranties to the
Warrantor. You shall do nothing to prejudice these
rights of subrogation.
9. Any Warrantor obligation is conditioned upon your
proper maintenance of the Home, common elemen*~
and grounds to prevent damage due to neglect, abnor-
mal use or improper maintenance.
10. Condominium Procedures:
a. In the case of common elements of a condo-
minium, at all times, owner(s) of each unit
affected by the common elements in need of war-
ranty performance shall each be responsible to
pay the warranty service fee ($250 in Years 1 and
2, $500 in Years 3 through 10) for each request
for warranty performance.**
b. If a request for warranty performance under this
Limited Warranty involves a common element in a
condominium, the request may be made only by
an authorized representative of the condominium
association. If the Builder retains a voting interest
in the association of more than 50%, the request
may be made by unit owners representing 10% of
the voting interests in the association.
c. If a request for warranty performance under this
Limited Warranty involves a common element af-
fecting multiple units, and all affected units are
not warranted by the RWC Warranty Program, the
Insurer's liability shall be limited to only those
units warranted by the RWC Warranty. The limit
of liability shall be prorated based upon the num-
ber of units warranted by this Limited Warranty.
not notified your Builder or the Administrator in writing ~ *FHA/V'A Homeowners, refer to HUD Addendum, Section V.D.
Homeowners in Maryland, refer to Maryland Addendum, Section V.E.
*NnmPmm~arc in No.„ar4 rlPla.x,a~P rrfnr to NPwar4 T1PIav,arP AriArr,rl.,m QPrTlnn V 4
Section I A. Newark, Delaware, Addendum
V.
Addenda.:
page 319.20
-~199C Hamis6urg, NA
Rev. 9/01
The warranty service fee as described in Sections
IV.F.2 and IV.F.3 will be waived for homes built
in the city of Newark, Delaware.
B. State of New York Addendum
2.
3.
Except as expressly provided in this Addendum, the
warranties and rights listed herein are in addition to,
and are not exclusive of, any warranties or rights
listed in this Limited Warranty.
Appliances and Items of Equipment -Subject
to other terms and conditions listed in this Limited
Warranty, the exclusion concerning deficiencies in
Appliances and Items of Equipment described in
Section II.E.14 of this Limited Warranty shall not
apply during the first two (2) years of the warranty
term wherever (i) such appliances and items of
equipment are components of the cooling, ventilat-
ing, heating, electrical or plumbing systems; and (ii)
the deficiencies in such fixtures, appliances or items
of equipment are the result of defective installation
by your Builder.
Standards -Section III- If the statutes of the
State of New York provide greater coverage than
the provisions of this Limited Warranty, those pro-
visions shall modify the warranty to allow for the
greater coverage.
Alternative Dispute Resolution -When making
a request for warranty performance pursuant to Sec-
tion IV.E, of this Limited Warranty, you have no
obligation to submit to binding arbitration, nor do
you have to pay any fee or charge for participation
in non-binding arbitration or any mediation process
concerning your request. However, any Unresolved
Warranty Issues must be submitted to arbitration
before a legal proceeding may be commenced. Fur-
ther, if an Owner resorts to Litigation, the rights and
obligations imposed by Section IV.E shall apply to
such litigation.
C. State of Indiana Addendum
The warranties and rights Listed above are in addition to,
and are not exclusive of, any warranties listed in this book.
Notwithstanding anything contained in the attached
printed form of the RWC Limited Warranty, this Limited
Warranty shall include the following protection per Sec-
tion II.C, and is amended to read as follows:
Two YEAR COVERAGE -Commencing on the Ef-
fective Date of this Limited Warranty as specified
on the Application For Warranty form, and subject
to the terms and conditions listed herein, your
Builder warrants that for a period of two (2) years
your Home will be free from Defects due to non-
conformity with the Warranty Standards set forth in
Section III of this Limited Warranty. With respect
to fixtures, appliances and items of equipment, the
Warranty is for one (1) year or the manufacturer's
written warranty, whichever is less.
YEARS 3 AND 4 COVERAGE ONLY - DUring the th
and fourth year following the Effective Date
Warranty as specified on the Application For W
ranty form, and subject to the terms and conditic
listed in this Limited Warranty, your home will
free from Defects caused by poor workmanship
materials in its roof and roof systems.
D. HUD Addendum (Applicable to VA/FH~
Financed Homes only)
1. Section I.B.12 Effective Date Of Warranty
The following language is substituted: The Eft
tive Date Of Warranty will be the date on wl•
closing or settlement occurs in connection with
initial sale of the Home. In no event will the Ef:
tine Date Of Warranty be later than the date of F
endorsement of your Mortgage on the Home.
2. Section LB15 Major Structural Defects -
following language is substituted for a.c.: A M
Structural Defect is actual physical damage to
designated load-bearing portions of a home cat
by failure of such load-bearing functions to the
tent that the home becomes unsafe, unsanitary
otherwise unlivable. The following languag
added: Delamination or rupture of roof sheatl
shall be deemed a Major Structural Defect in r
of warranty performance.
3. Section II.C.1 One Year Coverage -The fol
ing language is added: Notwithstanding anythir
the contrary contained in this Limited Warr
during the first year of coverage, your Builder
repair or restore the reliable function of Applia
and Equipment damaged during installation or
properly installed by your Builder. In addition,
Builder will correct Construction Deficiencie
workmanship and materials resulting fxom the
ure of the Home to comply with standard
quality as measured by acceptable trade pracl
Construction Deficiencies are Defects (not
structural nature) in the Home that are attribu
to poor workmanship or to the use of inferior r
rials which result in the impaired functioning c
home or some part of the Home. Defects rest
from your abuse or from normal wear and tee
not considered Construction Deficiencies.
4. Section II.C.4 Condominium Coverage-Th~
lowing language is substituted: The Lir
Warranty shall only apply to warranted con
elements which are those portions of the de
electrical, heating, ventilating, cooling, plun
and structural systems which serve two (2) or
residential units and are contained wholly wig
residential structure that, if defective, would c
Lute a health or safety condition for the occu
Examples of common elements which are cove
this Limited Warranty are hallways, meetings r
stairwells and other spaces wholly within the
dential structure serving two (2} or more unit I~
Section -
V,
Addenda
(continued)
page 319.21
~;. r~71996 Hartisburg, PA
Rev. 9101
WPIC 9319
structurally attached balconies, arches and decks.
Examples of common elements which are not cov-
ered under this Limited Warranty are club houses,
recreational buildings and facilities, walkways, exte-
rior structures, or any other non-residential structure
which is part of the condominium.
5. Section II.C -The following coverage is added for
the State of Colorado ONLY: The builder's war-
ranty for basement slabs in the State of Colorado is
extended from the first through the fourth year.
b. Section II.D -The following statement is added:
This agreement is non-cancelable by the Warrantor.
7. Section II.D.9 is deleted.
8. Section II.E.l.d -The following language is sub-
stituted: Loss or damage caused by soil movement,
including subsidence, expansion or lateral move-
ment of the soil which is covered by any other
insurance or for which compensation is granted by
state legislation.
9. Section II.E.l.e-the following language is substi-
tuted: resulting directly or indirectly from flood,
waves, tidal water, overflow of a body of water, or
spray from any of these (whether or not driven by
wind), water which backs up from sewers or drains,
changes in the water table which were not reason-
ably foreseeable, wetlands, springs or aquifers.
Surface water and underground water which cause
an unforeseeable hydrostatic condition with result-
ant damage to the structure are covered.
10. Section II.E.2.d is deleted.
11. Section II.E.2.m -The following language is sub-
stituted: any portion of a public Water Supply
System, including volume and pressure of water
flow.
12. Section II.E.2.o -The following language is sub-
stituted: any portion of a public Sewage Disposal
System, including design.
13. Section II.E.2.p. -exclusion is deleted.
14. Section II.E.S-The following language is substi-
tuted: Consequential Damages to personal property
are excluded: Consequential Damages to real prop-
erty as a result of a defect or repair of a defect are
covered.
15. Section IILA
a. SITE WoRIC -The following language is sub-
stituted:
(1)3.17 (Action Required) If final grading was
performed by the Builder, he will replace fill in
excessively settled areas.
b. Fl,ooe COVERING -The following language is
added:
(1)4.2b (Observation) Gaps or cracks between
finished floor boards. (Action Required)
Builder will correct gaps or cracks which ex-
ceed 1/8 in. in width. (Comments) Finished
wood floors expand and contract due to humid-
ity changes in your home. Cracks and gaps
which shrink and disappear in non-heating sea-
sons are considered normal.
(2) 4.27 (Observation) Cupping, crowning or
loose finished floor boards. (Action Required)
Builder will correct only if caused by a defect
in installation. (Comments) Finished wood
flooring cups from gaining or losing moisture
on one side faster than the other. Some cupping
and crowning should be considered normal due
to growth rings in the tree and the part of the
tree used. The Builder is not responsible for
natural properties of the product, or for cli-
matic conditions and personal living habits
which can affect moisture content of floor
boards. Cupping or crowning action may have
loosened nails or adhesive. Owner is respon-
sible if condition is caused by conditions
beyond Builder's control.
(3) 4.28 (Observation) Ceramic the cracks or loos-
ens. (Action Required) Builder will correct only
if documented prior to occupancy. (Comments)
Owner is responsible for establishing apre-clos-
ingwalk-through inspection list.
c. Pwn~rBrNC -The following language is added:
5.11 (Observation) Septic system fails. (Ac-
tion Required) Builder will correct if damage
is due to poor workmanship or materials, which
are not in conformance with Sewage Enforce-
ment Officer's instructions as per design and
installation only. (Comments) Builder is re-
quired to abide by state or local requirements
for the installation of on-site sewage disposal
system. Any deficiency or failure which oc~-
or is caused by a condition other than fau,~,
workmanship or materials, such as design, is
not covered by this Limited Warranty. Owner
is responsible for routine maintenance of sys-
tem, which may include, but not he limited to:
pumping the septic tank; adding chlorine to a
chlorinator; and refraining from driving or
parking vehicles or equipment on the system.
Damages caused by freezing, soil saturation,
underground springs, water run-off, excessive
use and an increase in level of water table are
among causes not covered by this Limited
Warranty.
16. Section III.B.b-The following language is added:
(Observation) Septic system fails. (Action Re-
quired) Builder will correct if damage is due to
poor workmanship or materials, which are not in
conformance with Sewage Enforcement Officer's
instructions as per design and installation only.
(Comments) Builder is required to abide by state or
local requirements for the installation of on-site
sewage disposal system. Any deficiency or failure
which occurs or is caused by a condition other than
faulty workmanship or materials, such as design, is
not covered by this Limited Warranty. Owner is
responsible for routine maintenance of system,
which may include, but not be limited to: pumping
the septic tank; adding chlorine to a chlorinator; and
Section
V.
Addenda.
(continued)
17
18
refraining from driving of parking vehicles or
equipment on the system. Damages caused by
freezing, soil saturation, underground springs, water
run-off, excessive use and an increase in level of
water table are among causes not covered by this
Limited Warranty.
Section IV.E.1 Arbitration -Because HUD does
not require binding arbitration, the following is de-
leted: Since this Limited Warranty provides for
mandatory binding arbitration of disputes, if any
party commences litigation in violation of this Lim-
ited Warranty, such party shall reimburse the other
parties to the litigation for their costs and expenses,
including attorney fees, incurred in seeking dis-
missal of such litigation.
Section IV.F.2, F.3, and F.lO.a -The following
language is substituted: In the first two (2) years, if
your Builder does not fulfill its obligations under
this Limited Warranty, the Insurer will be respon-
sible for your Builder's obligations, subject to a
one-time warranty service fee of $250. The
Insurer's liability in Years 3 through 10 under this
Limited Warranty is subject to a warranty service
fee of $250 per request for warranty performance.
In each instance, you must pay the fee prior to the
Insurer's repair or replacement. In the event of pay-
ment, the fee will be subtracted from the cash
payment. In the case of the common elements of a
condominium, the warranty service fee shall be
$250 per home affected by each common element in
need of service, limited to a maximum of $5,000
per free standing structure.
19. Section IV.F.S -The following language
added: Where a warranted Defect is determined
exist and where the Warrantor elects to pay the re
sonable cost of repair or replacement in lieu
performing such repair or replacement, the cash ofl
must be in writing. You will be given two (2) weeks
respond. Cash offers over $5,000 are subject to an o
site review by a HUD approved fee inspect
(inspection costs will be paid by the Warrantor) u
less:
a. the cash offer is made pursuant to a binding b
by an independent third party contractor, whi~
will accept an award of a contract from yl
pursuant to such bid;
b. payment is being made in settlement of leg
action;
c. you are represented by legal counsel.
E. Maryland Addendum
You should contact the Administrator personally
verify the existence of your Warranty. Further, yc
should report any Warranty problems, which are n
promptly resolved by your Builder, to the Admini
trator.
1. Section IV.F.2 and IV.F.3 are not applicable f
the state of Maryland.
RESIDENTIAL WARRANTY CORPORATI®N
~r_*.1996 H:unsburg. PA
Rev, 9101
WPIC X319
"'b'k~
John and Jennifer Jekot
5815 Aspen Lane
Enola, PA 17025
August 30, 2005
Dave and Denise Thompson
Home Designs Unlimited (HDU)
P.O. BOX 387
New Kingstown, PA 17072
As you are aware from our conversation (HDU's Dave Thompson and John and
homeowners Jennifer and John Jekot) on Wednesday, July 20, 2005 (at 5815 Aspen
Lane, Westbury Development), and your subsequent phone call made to American Siding
and Insulation representative Tom Roh, we have a problem with water entering the front
of our house in several areas which aze detailed below. The continuous contacts made to
American Siding and Insulation have left us a month and a half later with no repair and
numerous broken appointments. On Wednesday, July 20, 2005, we also notified you of
water problems with the windows imbedded in the veneer stone on the front of our house.
Dave and Denise, as our builders, we feel it is best to submit this letter, so that a meeting
may be established to resolve these problems, which were due to faulty workmanship
during construction. As we have mentioned before, we love this house, and we know you
would want to resolve these issues as much as we need them resolved.
The problem areas include:
• Rain water entering through gaps in the flashing, vinyl siding, OSB sheathing
and headers in azeas above the front door (including azeas around the picture
window located above the front door). The water is uhimately entering through
the trim work that outlines the perimeter of the inside door structure.
• Rain water is also pooling at the base of the front door due to improper drainage
- where J channels are redirecting rain water back in under the door as opposed
to pushing it away from the house. This water, on one occasion, has made it's
way into our basement.
• Lastly, water is gaining access into the house through both sets of windows
imbedded in the veneer stone. As with other HDU houses experiencing similar
problems in Westbury -this is due to improper installation of water vapor
barriers (felt paper/flashing) behind the stone, vinyl headstone and around the
windows and has nothing to do with wear and tear from natural elements.
This issue has absolutely consumed us and has caused a great deal of unneeded stress
over the past few months. With young children and Jen being pregnant, we are very
concerned about water damage and mold. I am requesting that you contact us at 717-579-
1931 (cell) or 717-728-1788 (home) as soon as possible.
~.~e~,~ ~
CENTRAL PA:
421 W. CHOCOLATE AVENUE
HERSHEY, PA 17033
TEL 717 533-3346
1 800 231-3346 (PA)
FAX 717 533-3376
January 3, 2006
YINGST
Mr. John Jekot
5 815 Aspen Lane
Enola, PA 17025-3308
Re: Water Leakage at Front of Home -October 20, 2005
5815 Aspen Lane
Enola, PA
Job Number OS-0585
Dear Mr. Jekot:
WESTERN PA:
322 FAWCETT CHURCH ROAD
BRDIGEVILLE, PA 15017
TEL 1 800 231-3346 (PA)
FAX 717 533-3376
INTRODUCTION
At your request an inspection of the above property was performed on October 20, 2005. The
report that follows has been prepared based on that inspection. The primary purpose of the
inspection and this report was to perform a preliminary evaluation of water leakage around the front
door and window above.
This inspection was performed by and report written by Stephen M. Yingst, P.E.
As you requested, this evaluation is limited in scope, focusing on the above items only. A detailed,
room by room inspection, and our other, more comprehensive services are not included.
This inspection report is limited to observations made from visual evidence. No destructive or
invasive testing was performed. The report is not to be considered a guarantee of condition and no
warranty is implied.
This inspection and report have been conducted in compliance with the standards of practice of the
National Academy of Building Inspection Engineers.
For your reference while reading the report that follows, the following definitions maybe helpful:
Excellent - Component or system is in "as new" condition requiring no rehabilitation
should perform in accordance with expected performance.
LICENSED
PROFESSIONAL
ENGINEERS
BUILDING DIAGNOSTICS
INSPECTIONS
ANALYSIS
MAINTENANCE PLANNING
~ DESIGN
~~
ENGINEERS
Jekot
January 3, 2006
Good - Component or system is sound and performing its function, although it may show
signs of normal wear and tear. Some minor rehabilitation work maybe required.
Fair - Component or system falls into one or more of the following categories: a)
Evidence of previous repairs not in compliance with commonly accepted
practice, b) Workmanship not in compliance with commonly accepted standards,
c) Component or system is obsolete, d) Component or system approaching end of
expected performance. Repair or replacement is required to prevent further
deterioration or to prolong expected life.
Poor - Component or system has either failed or cannot be relied upon to continue
performing its original function as a result of having exceeded its expected
performance, excessive deferred maintenance, or state of disrepair. Present
condition could contribute to or cause the deterioration of other adjoining
elements or systems. Repair or replacement is required.
All ratings are determined by comparison to other buildings of similar age and construction type.
Further, some details of workmanship and materials will be examined more closely in higher quality
homes where such details of workmanship and materials typically become more relevant.
For purposes of this report, all directions (left, right, rear, etc.) are taken from the viewpoint of an
observer standing in front of the building and facing it.
DESCRIPTIONBACKGROUND
This home is asingle-family, detached, two-story residence. There is an attached garage at the right
side of the home. There is a full basement under most of the home with the garage constructed slab-
on-grade.
The exterior of the wall around the front door and window above are fmished with horizontal
vinyl siding. The interior around the door and window is finished with typical drywall and wood
trim. There is some stone veneer on the exterior of the home at the left front. (See Photographs 1,
2 and 3.)
You reported that the home was completed and you moved in during May of 2003. You first
observed water entry around the front door and window in November of 2004. Periodically you
have observed water entry, including during the remnants of hurricane Ivan in the Fall of 2005.
The water entry is observed as water dripping out of the trim at the inside top of the front door
and on the interior of the drywall around the door and window. Water also leaks onto the first
floor at the left and right sides of the front door.
Between November 2004 and the Fall of 2005 repairs were made by American Aluminum and
Insulation, however, water entry continued, particularly during periods of driving rain against the
front of the home. You also removed some of the vinyl siding and installed flashing between the
top of the door and the window yourself, however, the water entry continues.
Criterium-Yingst Engineers, Inc. 2
Jekot
January 3, 2006
INSPECTION FINDINGS
During my site visit on October 20, 2005 the exterior and interior of the front wall around the
front door and window above were visually inspected. The front of the basement below the front
door was also visually inspected. A moisture meter (Tramex Moisture Encounterer) was used to
spot test the wood flooring and drywall around the door and window above. A few pieces of the
horizontal vinyl siding were also temporarily pulled back around the door and window.
A portion of the baseboard trim and drywall at the left side of the front door had been removed
prior to my site visit. As a result a small portion of the wall cavity and heating duct interior was
visible.
The following observations were made:
1. No house wrap was present on the outside of the wall sheathing in the areas that were visible
when the siding was pulled back. Based on minimum building code standards (2000
International Residential Code)I a house wrap or air infiltration barrier is not required with
vinyl siding. The purpose of this code is to provide minimum requirements to safeguard life
or limb, health and public welfare2 and do not necessarily represent the typical construction
practices in upper end homes. In my experience, house wrap is routinely installed in other
homes of this intended quality to reduce air infiltration and minimize the potential for water
leakage.
2. There are no sealant joints or flashing between. stone veneer and vinyl siding at front left
center (photo 5) and at left front corner of home. As a result there is a visible gap that will
allow water to get behind the stone veneer and vinyl siding. Normal construction practice
includes caulking and/or flashing all joints between dissimilar building materials. In
addition, the building code3 requires aweather-resistant exterior wall envelope with flashing
as needed to prevent water entry into the wall cavity.
3. At the double windows to the left of the front door (first floor and second floor), the shutters
were installed over aluminum caps the same size as the shutters prior to installing the stone.
As a result, the stone was simply butted to the edge of the shutter with no sealant joint (photo
6). As a result there are visible gaps that will allow water entry between the shutters and the
masonry. By pulling the shutter back slightly, you can actually see the OSB wood sheathing.
The felt paper or barrier material behind the stone was apparently not run behind the
aluminum or the shutter. Similarly, there are gaps at the accent pieces above the windows
(photo 7).
4. I also pulled back some vinyl siding above the front door. Some membrane and metal
flashing was visible in this area. You reported that you added this flashing and it runs
between the bottom of the half-round window to the top of the door. The membrane material
also extends approximately 6" to 12" up the sides of the window. Beyond that, there is no
other building paper/house wrap or any flashing materials over the OSB around the window
~ Table R703.4 of the 2000 International Residential Code for One- and Two-Family Dwellings, international Code
Council, Country Club Hills, IL.
z Section R101.3 of the 2000 International Residential Code for One- and Two-Family Dwellings, international
Code Council, Country Club Hills, IL.
s Sections R703.1 and R703.8 of the 2000 International Residential Code for One- and Two-Family Dwellings,
international Code Council, Country Club Hills, IL.
Criterium-Yingst Engineers, Inc. 3
Jekot
January 3, 2006
and door. You also provided the two attached photographs taken during construction as the
vinyl siding was being installed that clearly show that the windows were not flashed.
The windows are Integrity brand by Marvin, double-hung and fixed units. The attached
Integrity Installation Instructions require air barrier material and/or building paper as well as
flashing and sealants around the windows as they are installed. Based on the areas that were
visible and your photographs during construction, the windows were not properly installed as
no air barrier/building paper or flashing was installed. The windows were also not sealed
around the perimeter as required in the finishing step of the instructions. As noted in the
Integrity Installation Instructions, all windows and doors must have properly installed
flashing and sealant systems at the unit perimeters ar the manufacturer's warranty will be
void.
5. The front door has some head flashing above it. This was apparently added when American
Aluminum made repairs on the front of the house after the first leakage occurred.
6. You indicated that you also pulled the kickboard below the door and installed membrane
flashing behind it in an attempt to stop the leakage. However, there was no pan flashing
installed under the door threshold during original installation of the door and the membrane
flashing only butts to the bottom of the door threshold. Thus any water coming down from
above the door threshold can still leak into the wall cavity at the base of the door.
7. The baseboard had been removed in the area to the left of the front door and in the right front
corner of the office (the office is at the left front of the first floor next to the entry foyer).
Obvious water stains are visible on the wall studs and flooring in the exposed wall cavity (see
Photographs 8, 9 and 10). The drywall screws are also heavily rusted near the floor level.
Black discoloration typical of mold is also visible in the return air duct under in this area,
however, no mold testing was performed at this time.
8. There is no diverter flashing above to the left side of the octagon window at the front center
of the home (see Photograph 4). There is also no diverter flashing at two roof edge areas in
the vinyl sided bump-out area to the right of the front door. Without diverter or kickout
flashing in areas where the first floor roofs adjoin the front wall, water entry into the wall
cavity is common. Diverter flashing should have been installed at all three of these locations.
9. The front door weather-stripping is torn on the bottom of the front door, however, that does
not appear to be where the bulk of the water is entering as indications of water entry were
well above this point were noted.
10
The moisture meter on scale 1 was used to spot test the hardwood flooring around the front
door and at the front. of the office. Elevated moisture levels were found at the right s~a° ~~
the door (from 10% to 12% increasing to 15%) and at the left side of the front door
10% to 12% increasing 20% to pegging the meter). Slightly elevated levels were also
at the base of the front wall in the left front of the office (from 10% to 12% to 14%).
Criterium-Yingst Engineers, Inc. 4
Jekot
January 3, 2006
CONCLUSIONS/RECOMMENDATIONS
Based on the information reviewed and visual conditions observed during my site inspection it is
my opinion to a reasonable degree of engineering certainty that the water leakage you have been
experiencing at the front of your home is the result of improper installation of the windows and
doors during original installation. Specifically proper flashing, sealants and air barrier or
building paper were not installed. As a result of the improper installation continuing water
leakage should be expected. If water entry continues, over time, rot development will occur and
mold growth is likely. The discoloration observed inside the wall cavity may be related to mold.
Furthermore, the window manufacturer's warranty has likely been voided by the improper
installation.
Water entry is further compounded by the lack of flashing at the stone to vinyl siding areas,
around the perimeters of the windows and doors, and by the missing diverter flashing.
Based on the photographs taken during construction it is likely that improper window installation
has occurred on all sides of the home. As a result, water leakage in these areas should also be
expected.
To fully correct the water leakage the following steps are recommended:
• Remove all of the vinyl siding from the home and save for reinstallation.
• Remove the stone veneer at the front of the home.
• Remove and reinstall all windows and doors to meet the manufacturer's
specifications.
• Reinstall the vinyl siding with diverter flashing.
• Install new stone veneer with diverter flashing.
• Install flashing/sealant at vinyl-to-stone joints.
• Install sealant around windows, doors and penetrations per manufacturer's
recommendations.
• Replace weather-stripping at bottom of front door.
To address only the problems at the front door and window above it as well as the double
windows in the stone veneer area the following approach is recommended. However, this repair
will only address the issues in that portion of the exterior and water leakage may be occurring in
other areas.
• Remove all of the stone veneer (since pulling it around the windows would leave very
little remaining and it would be difficult to match aesthetically and from a flashing
standpoint)
• Remove the vinyl siding from the front bump-out area to the stone veneer and °°~~°
for re-installation.
• Remove and reinstall the windows and door in the repair area with proper flashir.
• Reinstall the vinyl siding with diverter flashing.
• Install new stone veneer with diverter flashing.
• Install flashing/sealant at vinyl-to-stone joints.
Criterium-Yingst Engineers, Inc. 5
Jekot
January 3, 2006
• Install sealant around windows, doors and penetrations per manufacturer's
recommendations.
• Replace weather-stripping at bottom of front door.
As with any investigation, the above conclusions are based on visible evidence and reported
information provided to date. As a result, we reserve the right to review and revise our comments
and opinions should additional information become available or additional investigation be
performed.
This letter is presented as an inspection report and general outline of the recommended repairs. It is
not a detailed plan of repair. If you desire, we can provide additional sketches and specifications for
the repairs, however, there would be an additional charge for this service.
This report has been prepared in strict confidence with you as our client. No reproduction or re-use
of this report for the benef t of others is permitted without expressed written consent. Further, we
will not release this report to anyone without your permission.
Very truly yours,
~.
e, si ~ .e`' ~ a
r y~'.'~
((E ~i ._..~._ ...k.
Stephen M. Yingst, P.E. ; -;
~,,
CRITERIUM-YINGST ENGINEERS,INC. `"~ ,~
SMY/mlc `'~~~,~ ,~
OS-0585 Field Notes.doc
Enclosures: Photographs
Invoice
Criterium-Yingst Engineers, Inc.
6
~i
.~
~~~ ~.~.,..~,. ~ .~, ~,,,~ .~,,,,: ~N_ _ .,......,.,o
,~
Location:
5 815 Aspen Lane
Enola, PA
Photo Taken Bv:
S. M. Yingst, P.E.
Date:
October 20, 2005
Description:
Close-up of
previous
photograph
showing black
discoloration in
return vent
PHOTOGRAPH
9
Location:, ,
5815 Aspen Lane
Enola, PA
Photo Taken Bv:
S. M. Yingst, P.E.
Date:
October 20, 2005
Description:
Rusted nails and
water stains on
wall between foyer
and left front office
at front of home
PHOTOGRAPH
~ _ ~ ,~ ~~~~,yS~ {. ~} ' to
~~': ~.
~v _ _ ~ ~` ~° ,~. '_ ~~
~xti;b;f E
a _
All labor warrantied for one year. All materials Note: This proposal may be withdrawn by us if not
covered under manufacturer's warranty.
accepted within days.
Authorized
CONSTRUCTION signature
4825 Derry: Street * Harrisburg, Pennsylvania 171,11
(717}:564-4202 or (717)-9888
- FAX (T17) 564-4343
PROPOSAL SUBMITTED TO PHONE DATE
John Jekot 579-1931 2/9/07
STREET JOB NAMEMUMBER
5815 Aspen Lane ;, ~,
CITY, STATE AND ZIP CODE , `~ "
Enola, PA -17025 PAGE 1 of 2
We hereby subm8 speeificattorrs and estimates for:
pp ppportuni to vlsitr out home, and look forward to wo g y y improvements.
We a reciate the .,-(
__.. _._ _ : ; _ ~ Y, rkm .:.with ou on our
- __--
` C&Z Construction proposes to do the attached scope of work. Please note text overrules prints which if provided are for
visual aid only,
RE: Proposal to correct water infiltration at front of house.
Remove aN the stone veneer and replace with stone veneer of the same quality.
ihstaH new Tyvek house wrap.
Remove and reinstall all windows on entire house and replace: front door on front elevation with same style door: Replace
weather stripping at bottom of front door. Alf interior finishes to be done by others.
Remove the vinyl siding from the bump out area to the stone veneer and save for reinstallation. Install Tyvek house wrap
and fiash all windows. -
Remove and reinstall the windows and doors on entire house with new flashings and sealant on entire house.
Remove and reinstall the vinyl siding with proper diverter flashings on the entire house. Install sealant around all windows
and doors-and penetrations as-per manufacturer's re~commendat~ons.. ~ ;_ __
Insta(I new stone veneer with diverter flashings.
Insta(I flashing sealant at vinyl to stone joints.
We Propose hereby to furbish material and labor -complete in accordance with above specifications, for the sum of: $
Oa taehslf of myself end fhe owners of the'abov® premises, the underspnerl ergapgs C 8 Z Cohstruction to perform the above.vrork. In corrsideraton of providing sudh services. it ie mutnalty agreed
that the;liabrhy of C & Z Construction ie limited tq refund of arty payment received an aCCOUm of this worfc'order: `
Paymerd outline: 259 DepOSil; 25% slart;~lwo draws equaling 45% at conttactor's request; 5% at completion.
Any sumr::becoming 'due from insurenca canpanies a. other parties because of casualty to the premises are assigned to C & Z Construction to the extent necessary2o pay for those services: A copy
of this agreement shall cw#inue direction and BuUIOriZatiOn 20 said carriers to pay C & Z COnstrtntion directly fpr its services. '
The undereigned and the owners of the premises agree to pay C & 2,Construction within li0 days of the atxrre data in the'eveM that payment is not received from athird-
pay attorney's lee if payment is rx# made at the expiration of that time. Party end further agree to
I acknowledge raeslpt of a Dopy of this agnanant which has exproesed tM complete understanding with C 6 2 Conatructlon.
Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are autlronzed to do the work as speafied. Payment will be made es outlined above.
Signature Signature Date of Acceptance
All labor warrantied for one year. All materials Note: This proposal may be withdrawn by us if not
covered under manufacturer's warranty.
accepted within days.
Authorized
CONSTRUCTION signature
4825 Derry Street * Harrisburg, Pennsylvania 17111
(717) 564-4202 or (717) 9888
FAX (717) 564-4343
PROP03gL SUBMITTED TO PHONE DATE
John Jekot 579-1931 10/24/06
STREET JOB NAMEMUMBER
1
CITY, STATE AND ZIP CODE
Enola PA 17025 PAGE _~ OF ~~
We hereby sutxnlt speafications and estimates for.
C&Z will not be responsible for any interior finishes or any landscape damage.
The following would be the draw schedule for your project 25% due at signing; 25% due at stark 45% due upon request
and finally 5% due at completion. Your foreman would have envelopes for your convenience to send in the payments.
C&Z Construction prides themselves on maintaining a neat and presentable job site at all times. All job related debris will
be removed and disposed of in a certified landfill.
This proposal is bid using curcent market value of materials. Any sudden or unexpected increase of materials may affect the total bid price at time of acceptance.
If for any reason C&Z does not approve the final appearance of their work, they reserve the right to remove it. C&Z reserves the right to three service calls on all products installed by
C&Z. All remaining unsatisfactory installations will go to arbitration.
AI! exterior wood products are recommended for a iwo year maintenance program by Ct3Z Construction at the homeowner s expense.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of canceflatan form for an
expianaiion of this right.
We Propose hereby to furnish material and labor -complete in atxordance with above specifications, for the sum of: $ 13,486.0
On behaM of myselt and Ure owners of the above premises, the undersigned engages C & Z Construction to perform the above work. !n consideration ~
providing such services, lt is mutually agreed
that the liability of C 8 Z Construdion is limited to refund of any payment received an account of this work order:
Paymam outline: 25% Deposit 25% start; two draws squaring 45% at contractor's request; 5% at completion.
Any sums becoming due from insurance companies or other parties because of casualty to the premises are assigned to C & Z Constructan to the extent necessary to pay for those senvices. A copy
of Mis agreement shall continue direction and authorization to saki carriers to pay C & 2 Constructan directly for its services.
The undersigned and the owners of the premises agree to pay C & Z Construction within 60 days of the above date in the event that payment is not received from a tMrd-party and further agree to
pay a°wney's fee i( payment is not made at the expiration of that time.
I acknowledge reeelpt of a Dopy of thle agreement wMch has axprosaed tits complete understanding whh C 6 Z Construetlan.
Acceptance of Proposal -1Te above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speeif~ed. Payment will be made as ougined atwve.
Signature Signature Date of Acceptance
Bradley A. Walker, Esquire
WALKER 8 ASSOCIATES, PC
2411 North Front Street
Harrisburg, PA 17110
(717) 635-2050
walker. law~comcast. net
JOHN S. JEKO~ and
JENNIFER JEKOT,
Plaintiffs,
~.
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 01 a3 9~
DAVID THOMPSON and
DENISE THOMPSON, individually and
And d/b/a HOME DESIGNS UNLIMITED
CIVIL ACTION -LAW
Defendanfis.
CERTIFICATE OF SERVICE
1, Bradley A. Walker, Esquire, hereby certify that I am serving the foregoing
CoYnplaint upon the following named individual this day by depositing the same in the
United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania,
addressed as follows:
Samuel L. Andes, Esquire
525 North 12~' Street
P.O. Box 168 ~,-•~
Lemoyne, PA 17,.03
Date: May 21, 2007 C_-
Bradley A. Walker,
1-.
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JOHN S. JEKOT and JENNIFER JEKOT, ,
Plaintiffs
vs.
DAVID THOMPSON and DENISE
THOMPSON, individually and d/b/a HOME
DESIGNS UNLIMITED,
Defendants
NOTICE
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
N O. 07-2399
TO PLAINTIFFS NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED NEW MATTER AND
COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT
MAY BE ENTERED AGAINST YOU.
6 June 2007
Samuel L. Andes
Attorney for Defendants
Supreme Court ID 17225
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
JOHNS. JEKOT and JENNIFER JEKOT, ,
Plaintiffs
vs.
DAVID THOMPSON and DENISE
THOMPSON, individually and d/b/a HOME
DESIGNS UNLIMITED,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 07-2399
ANSWER, NEW MATTER AND COUNTERCLAIM
AND NOW come the above-named Defendants, by their attorney, Samuel L. Andes,
and make the following Answer to Plaintiff's Complaint, with New Matter and Counterclaim:
1 through 6. Admitted.
7. Defendants admit that Plaintiffs waived all of their inspection rights under the
contract but deny that they know why Plaintiffs did that because that information is within the
exclusive control of the Plaintiffs and Defendants deny those statements and demand proof
thereof at trial.
8 and 9. Admitted.
10. Denied as stated. The warranty is a general warranty which covers all types of
defects or alleged defects or problems. Moreover, the document speaks for itself and further
characterization of it is not required.
1 1. Denied. Defendants frequently provide home warranty coverage to their
customers as a benefit to their customers and not in an attempt by Defendants to avoid
responsibility for any problems with the home.
12. Admitted. By way of further answer, Defendants state that the document speaks
for itself and incorporate the documents herein as part of their answer to this paragraph.
13. Admitted in part and denied in part. It is admitted that the language of the
document does not list defects, latent or otherwise. The provisions of the agreement speak
for themselves and no further characterization is required. Defendants, by way of further
answer, incorporate herein by reference the averments set out in their New Matter.
14. Denied. Defendants have insufficient information to form a belief as to the truth
or accuracy of the averments in this Paragraph because such information is within the
control of the Plaintiffs and so Defendants deny the same and demand proof thereof at trial.
15. Denied. Defendants have insufficient information to form a belief as to the truth or
accuracy of the averments in this Paragraph because such information is within the control of
the Plaintiffs and so Defendants deny the same and demand proof thereof at trial.
16. Denied as stated. Defendants were eventually aware that Plaintiffs had
complaints about the property but deny that Plaintiffs repeatedly called Defendants to review
or correct the problem as stated in this paragraph. In fact, Defendants were first aware of the
alleged problem in July of 2005.
17. Denied as stated. Defendants deny that Plaintiffs repeatedly called Defendants
or that Defendants did not respond. By way of further answer, however, Defendants state
that Plaintiff's responsibility was to contact the warranty company to initiate a request for
corrective action. Defendants incorporate herein by reference the averments set out in their
New Matter.
18. Denied as stated. It is admitted that Mr. Jekot approached Defendant sometime
in July of 2005 but is denied that Mr. Thompson was evaluating a "similar problem" at another
home.
19. Admitted.
20. Denied as stated. Mr. Thompson agreed to look at the alleged problem but
denies that he did so reluctantly.
21. Denied. Mr. Thompson told Mr. Jekot, if there was a problem, the subcontractor
should be responsible to correct it and stated that he would contact the subcontractor to
inspect the problem.
22. Denied. Defendants were responsive to the extent they were required to be.
Plaintiffs failed to contact the warranty company and pursue the procedures required by the
warrant and that caused much of the problem.
23. Admitted in part and denied in part. Defendants have no knowledge of "broken
appointment" by American Siding because information regarding such matters is within the
exclusive control of Plaintiffs and other third parties, so Defendants deny those averments and
demand proof thereof at trial. Defendants acknowledge receiving the letter dated 30 August
2005.
24. Denied. Defendants did respond by telephone and followed up with a contact to
American Siding in an effort to assist Plaintiffs in getting this matter resolved. By way of further
answer, Defendants state they had no obligation to undertake those actions but did so only to
try to assist the Plaintiffs.
25. Defendants are not aware of any work done or not done by Aluminum Siding or
',, whether such work solved the problems of which Plaintiffs complain because that information
is within the exclusive control of Plaintiffs and Aluminum Siding and so Defendants deny those
claims and demand proof thereof at trial.
26. Denied. Defendants were not unresponsive because they were not aware of the
continuing problems.
27. Denied. Defendants are without sufficient information to form a belief as to the
truth or accuracy of the averments in this paragraph because such information is within the
control of Plaintiffs or other third parties and not available to Defendant. Defendants deny
the averments and demand proof thereof at trial.
28. Denied. Defendants are without sufficient information to form a belief as to the
truth or accuracy of the averments in this paragraph because such information is within the
control of Plaintiffs or other third parties and not available to Defendant. Defendants deny
the averments and demand proof thereof at trial.
29. Denied. Defendants are without sufficient information to form a belief as to the
truth or accuracy of the averments in this paragraph because such information is within the
control of Plaintiffs or other third parties and not available to Defendant. Defendants deny
the averments and demand proof thereof at trial.
30. Denied. Defendants constructed the home properly and with good and
reasonable workmanship to the standard of the industry at the time and place the home was
constructed.
31. Denied. Homes constructed by Defendants and their company have not
generally had problems and there have not been continuing problems as claimed by Plaintiffs
in this paragraph.
32. Denied. Defendants are without sufficient information to form a belief as to the
truth or accuracy of the averments in this paragraph because such information is within the
control of Plaintiffs or other third parties and not available to Defendant. Defendants deny
the averments and demand proof thereof at trial.
33. Denied. Defendants cannot admit or deny the reason why Plaintiffs did not take
certain action because that information is within the exclusive control of Plaintiffs and so
II Defendants deny these averments and demand proof thereof at trial. Defendants deny,
however, that the nature of the alleged defects in Plaintiffs' home were not reasonable
known to Plaintiff and were not covered by the warranty.
COUNT I -BREACH OF IMPLIED WARRANTY OF HABITABILITY
34. No answer required. To the extent an answer is required, Defendants incorporate
herein the averments set out in the preceding paragraphs of this Answer and the averments
of their New Matter and Counterclaim which follow.
35. Denied. Defendants owed no warranty to Plaintiffs because the home warranty
program, and the application which the Plaintiffs signed, expressly waived all warranties,
express or implied.
36. Denied for the reasons set forth in the answer to Paragraph 35.
37. Denied. The documents are adequate to place Plaintiffs on notice of their
voluntary waiver of warranties and the replacement of such warranties with a written and
express warranty issued by the warranty company. If Plaintiffs did not understand the effect
of the document they signed, such misunderstanding on their part is not sufficient to validate
what they signed or the warranty program or the express waiver of other warranties resulting
from those documents.
38. It is admitted that Defendants have not done additional work on Plaintiffs' home
but denied that Defendants have any obligation to do additional work or to correct any
alleged defects.
WHEREFORE, Defendants demand that Plaintiff's complaint be dismissed and that
judgment be entered in favor of Defendants in accordance with their Counterclaim.
COUNT II -UNJUST ENRICHMENT
39. No answer required. To the extent an answer is required, Defendants incorporate
the averments of the foregoing paragraphs of this answer and of their New Matter and
Counterclaim.
40. Admitted.
41. Denied. Defendants deny that "fundamental construction materials" were
omitted from the house and deny that Defendants did anything incorrect or improper in the
construction of the property. Plaintiffs had repeated opportunities to inspect the property, or
have it inspected by others, prior to the purchase and waived all of those opportunities.
Defendants incorporate herein by reference, the averments in their new matter.
42. Denied. Defendants have not been unjustly enriched. They were paid a fair
price for the property which they sold to Plaintiffs. Plaintiff's claim of unjust enrichment is
nothing more than an attempt to avoid their waiver of all warranties by Defendants and their
failure to pursue their rights under the home warranty program which Defendants provided to
them. Moreover, Plaintiffs' claim of damages is not related in any way, to their alleged theory
of unjust enrichment and is not supported by the averments Plaintiffs make in their pleadings.
WHEREFORE, Defendants demand that Plaintiff's Complaint be dismissed and that
judgment be entered in favor of Defendants in accordance with their counterclaim.
NEW MATTER
By way of further answer to Plaintiffs' Complaint, Defendants set out the following New
Matter:
43. Plaintiffs waived their right to inspect the property before completing the
purchase of it and waived their right to have the property inspected by other parties prior to
their purchase.
44. Plaintiffs waived all warranties by Defendants, express or implied. Plaintiffs were
aware of their waiver when they executed the application for warranty form and accepted
the limited warranty booklet which are attached as Exhibit B to Plaintiffs' complaint.
45. Defendants provided at their expense, a home warranty program provided by
Residential Warranty Corporation, to protect Plaintiffs and assure Plaintiff's protection in the
event that there were any problems or alleged problems with the residence.
46. Plaintiffs were aware of the RWC home warranty program and its terms and
conditions because they were provided with an explanatory booklet and signed an
application which expressly referred to that booklet. Both of those documents are attached
to Plaintiff's Complaint as Exhibit 6.
47. Plaintiffs failed to pursue their remedies under the home warranty program by RWC
and, as such, waived any claim for damages for the alleged defects in their property.
48. The documents signed by Plaintiffs with RWC, which are attached to Plaintiffs'
Complaint as Exhibit B, contain an arbitration clause that require all claims and disputes
arising out of the home warranty program, and therefore out of complaints regarding the
construction, condition, or alleged defects of the home to be submitted to binding arbitration.
49. Plaintiffs have not complied with the arbitration provisions of the home warranty
program and, by doing so, hove waived and forfeited their rights to make claim now against
RWC or Defendants.
50. The agreement of sale between Plaintiffs and Defendants, a copy of which is
attached as Exhibit A to Plaintiff's Complaint, provides, in Paragraph 25, a complete release
of Defendants from any and all claims, losses, or demands including any claim for any defects
or conditions of the property. That language bars Plaintiffs' claim in this matter.
51. Plaintiffs' claim is barred by the statute of limitation.
52. Plaintiffs' claim is barred by the doctrine of waiver.
53. Plaintiffs' claim is barred by the doctrine of estoppel.
WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed and that
judgment be entered in favor of Defendants on their Counterclaim.
COUNTERCLAIM
In addition to the above Answer and New Matter, Defendants assert the following
Counterclaim against Plaintiffs in this matter:
54. The averments set out in the foregoing paragraphs of Defendants' Answer and
New Matter are incorporated herein by reference.
55. The Application for Warranty Form signed by Plaintiffs and attached as part of
Exhibit B to their Complaint, states " ... this warranty includes a provision for binding
arbitration."
56. As a result of the clear language of the application for warranty Form, Plaintiffs
knew, or should have known, that the warranty program for which they had applied, and
which they were eventually granted, required their claims to be submitted to binding
arbitration.
57. The Home Warranty documents issued by Residential Warranty Corporation, which
are attached to Plaintiff's Complaint as Exhibit B, provides, in Paragraph E.1. as follows:
Since this Limited Warranty provides for mandatory binding arbitration of
Unresolved Warranty Issues, if any party commences litigation in violation of the
Limited Warranty, each party shall reimburse the other parties to the litigation for
their costs and expenses, including attorneys fees, incurred in seeking dismissal
of such litigation.
58. Plaintiffs have not proceeded with arbitration in accordance with the Home
Warranty Program.
59. Plaintiffs have commenced this action in violation of their obligations under the
home warranty program, specifically including the documents attached as Exhibit B to their
Complaint.
60. Defendants will incur legal fees to seek the dismissal of this action. At the present
time Defendants do not know the amount of those fees but expect they may be substantial.
61. Pursuant to the express language of the home warranty program documents,
Plaintiffs are indebted to Defendant s for the counsel fees they have incurred or will incur to
seek the dismissal of this action.
WHEREFORE, Defendants demand that judgment be entered against Plaintiffs, for the
attorneys fees and expenses which they incur in this action, the precise amount of those fees
not yet being known.
--~~
Sa I L. Andes
Attorney for Defendants
Supreme Court ID # 17225
525 Norfh 12"' Street
P.O. Box 168
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penatNes of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Ho Designs Unlimited, LLC
D G~"'"Gl
ate.
DAVID R. THOMPSON
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon counsel for
the Plaintiffs by regular mail, postage prepaid, addressed as follows:
Bradley A. Walker, Esquire
Walker 8~ Associates, PC
2411 North Front Street
Harrisburg, PA 171 10
Date: 6 June 2007
Amy M H rkins
Secretary for Samuel L. Andes
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Bradley A: Walker, Esquire
WALKER & ASSOCIATES
2411 North Front Street
Harrisburg, PA 17110
(717) 635-2050
walker.) aw@comcaster. net
JOHN S. JEKOT and : IN THE COURT OF COMMON PLEAS
JENNIFER JEKOT, : OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
VS. N0.07-2399
DAVID THOMPSON and DENISE
THOMPSON, individually and d/b/a CIVIL ACTION- LAW
HOMES DESIGNS UNLIMITED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled, satisfied and the docket
discontinued.
Respectfu
Bradley A. alker, Esquire
I.D. No. 78 67
WALKER & ASSOCIATES
2411 North Front Street
Harrisburg, PA 17110
(717)635-2050
Dated: July 23, 2007
r
CERTIFICATE OF SERVICE
AND NOW, this 23~d day of July, 2007, I hereby certify that I have served a
true and correct copy of the foregoing document upon the following via first-class mail:
Samuel A. Andes, Esquire
525 North 12 Street
P.O. Box 168
Lemoyne, PA 17043
Bradley A. Walker, Esqu
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