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HomeMy WebLinkAbout08-01716 Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 7741357 RENEE SZCZEPANSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 68- -0171 (21vil lerrYl v. LaNOUE HOMES, LLC., Defendant 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 must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 USTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de is proximos viente (20) dias despues de la notification de esta Demanda y aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en la Corte por escritosus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tornar accion como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad y otros direchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO CONSEGLJTR UNABOGADO. ST USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVTCIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUECUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 7741357 RENEE SZCZEPANSKI, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. LaNOUE HOMES, LLC., Defendant : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Renee Szczepanski, is an adult individual with an address of 835 Wellington Drive, Carlisle, PA 17013. 2. Defendant, LaNoue Homes, LLC., is a limited liability company organized under the Laws of the Commonwealth of Pennsylvania with an address of 313 Walnut Street, Boiling Springs, PA 17007. 3. On May 17, 2006, the Plaintiff entered into a contract with the Defendant for the construction of a home on Lot 33, Nottingham Development, Wellington Drive, Carlisle, PA 17013. See attached hereto as Exhibit "A" a true and correct copy of the contract. 4. Prior to the completion of the house, the Building Supervisor for the Borough of Carlisle determined that a retaining wall had to be built along the south side of the driveway. 5. Prior to the closing on the house, the Defendant through its agent, servant, worker or employee G. Edwin LaNoue represented to the Plaintiff and Commerce Bank that he had obtained a temporary certificate of occupancy. 6. The Plaintiff closed on the house on April 16, 2007 and the Defendant received the final draw for the construction of the house. 7. The Plaintiff avers that she contacted the Building Supervisor for the Borough of Carlisle on or about April 17, 2007, the day after the closing. 8. On April 17, 2007, the Building Supervisor for the Borough of Carlisle informed the Plaintiff that the Defendant was not intending to issue a temporary certificate of occupancy. 9. The Building Supervisor for the Borough of Carlisle indicated that a certificate of occupancy was not going to be granted because of the issues involving the retaining wall, the Defendant filled within twenty (20) feet of the drainage easement and the downspouts along the south side of the house were not placed at the toe of the slope but close to the top of the slope. 10. The Plaintiff eventually obtained a temporary certificate of occupancy for ninety (90) days from the date of the closing. 12. The Plaintiff had the work performed on the property at her own expense that was required to obtain the permanent certificate of occupancy. 13. The Plaintiff paid $21,598.00 to have the worked performed. See attached hereto as Exhibit "B" the paid invoices for the work performed. COUNT I - BREACH OF CONTRACT 14. Paragraphs 1 through 13 are incorporated herein by reference as though set forth at length. 15. On or about May 17, 2006, Plaintiff and Defendant entered into a contract for the construction of a home on Lot 33, Nottingham Development, Wellington Drive, Carlisle, PA 17013. 16. The Defendant had a duty pursuant to the contract to build a house which could be occupied. 17. The Defendant breached this duty by building a house for which a permanent certificate of occupancy would not be issued. 18. As a result of the Defendant's breach of its duty, the Plaintiff paid an additional $21,598.00 to have additional work performed that would allow a permanent certificate of occupancy to be issued. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendant, in the amount of $21,598.00; b. Granting Plaintiff its expenses and costs incurred in connection with this action; c. Granting Plaintiff interest at the statutory rate; and, d. Granting such other relief as the Court deems equitable and just. COUNT II - BREACH OF IMPLIED CONTRACT 19. Paragraphs 1 through 18 are incorporated herein by reference as though set forth at length. 20. Beginning on or about May 17, 2006, Defendant agreed to construct a home for the Plaintiff. 21. Implied in this agreement was a condition that the house would be able to be occupied when construction was completed. 22. The Defendant breached the implied contract by failing to build a house for which a permanent certificate of occupancy could be issued. 23. As a result of the Defendant's breach of the implied contract, the Plaintiff paid an additional $21,598.00 to have additional work performed that would allow a permanent certificate of occupancy to be issued. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as follows: a. Granting judgment for the Plaintiff and against Defendants, in the amount of $21,598.00; b. Granting Plaintiff its expenses and costs incurred in connection with this action; c. Granting Plaintiff interest at the statutory; and, d. Granting such other relief as the Court deems equitable and just. /?, L??? , i Brian K. Zellner Attorney ID 59262 Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 [717] 774-1357 Attorney for Plaintiff VERIFICATION I, Renee S?c? av? ?, /c.• hereby state that I am the authorized representative of the Plaintiff in this action and that the statements of fact made in the foregoing Complaint are true and correct to the best of my information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. & 4904 relating to unsworn falsification to authorities. Date: Y??,jj 0 1 -) e ski EXHIBIT "A" C. Edwin LaNoue DBA LaNoue Homes 313 Walnut St. Boiling Springs, Pa. 17007 717-258-0908 Contract submitted to: Date: May 17, 2006 Renee Syczepanski SPECIFICATIONS: Job: Lot # 33 Wellington Dr. Nottingham Dev. Carlisle, PA. Hereby propose to construct house on Lot# 33 Wellington Dr. Carlisle, Pa. as per plans and discussions according to attached specifications. Any extras will be done on a time and materials basis above and beyond quoted price. We hereby propose to furnish material and labor in accordance with the above referenced specifications for the sum of: Two Hundred Eighty Eight Thousand Dollars ($ 2889000.00) Payment terms are as follows: Minimum 5 Draw Schedule Authorized Signature Note: This proposal will be considered null and void if not accepted within a 30-day period. CONTINUATION OF PROPOSAL: ALL MATERIAL IS GUARANTEED AS SPECIFIED. ALL WORK WILL BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATIONS OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE CONSIDERED EXTRA WORK AND WILL BE CHARGED OVER AND ABOVE THIS ESTIMATE. OWNER HAS THE RESPONSIBILITY TO CARRY THE NECESSARY AND REQUIRED PROPERTY INSURANCE. THE CONTRACTOR SHALL CARRY GENERAL LIABILITY INSURANCE. AS THE CUSTOMER AND BY EXECUTING THIS DOCUMENT WITH AN AUTHORIZED SIGNATURE; I DO HEREBY ENTER INTO A BINDING CONTRACT. DATE CUSTOMER UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN- BOTH COPIES. RETAIN ONE COPY FOR YOUR RECORDS AND RETURN THE OTHER COPY FOR OUR FILES. G. Edwin LaNoue DBA LaNoue Homes New Home Specifications for: Renee Syczepanski Lot # 33 Wellington Dr. Carlisle, Pa. 17013 Section 1 -- PLANS & PERMITS 1. Provide final construction documents and specifications 2. Obtain building permit, along with water & sewer hook up fees Section 2 -- SITE CLEARING & EXCAVATING 1. Topsoil removed and stockpiled 2. Excavating basement to bottom of footers 3. All frost wail footers to be trenched to proper bearing Section 3 -- FOOTERS & FOUNDATIONS 1. Concrete footers 8" X 20" minimum 2. Basement walls 8' high 8" thick poured concrete with #6 rebar 3. Garage and porch wails 4' high 8" thick poured concrete 4. Basement walls waterproofed foundation coating 5. Footer drains around basement 4" pipe and crushed stone 6. Radon ventilation pipe in basement floor, 7. 8" crushed stone under basement floor Section 4 -- CONCRETE 1. Concrete basement floor minimum 4" thick 2. Concrete garage floor minimum 4" thick 3. Concrete porch floor minimum 4" thick 4. Concrete walk 3' wide from driveway to front porch minimum 4" thick 5. 10' X 12' shed slab 4" thick, provided for shed 6. Trowel finish all slab surfaces, broom finish all ext. slabs Section 5 -- UNIT MASONRY 1. Stone as per plan on facade of house 2. vinyle Siding on remainder of house. Section 6 -- STRUCTURAL STEEL 1. Steel beams as per plan 2. Adjustable steel columns bolted to beam Section 7 -- ROUGH CARPENTRY 1. Framing lumber SPF #2 or better 2. Floor joists to be 2 X 12 SPF # 2 with engineered LVL beams 3. Sub floor to be 3/4" T/G APA underlayment 4. Exterior wall studs to be 2 x 4 spaced at 16" center 5. Exterior wall sheathing to be 1" high R sheeting 6. Roof trusses 24" on center and rafters 24" on center 7. Roof sheathing to be 7/ 16" OSB Section 8 -- FINISHED CARPENTRY 1. Interior trims to be 2-14" paint grade casing and 3 1/4" paint grade base 2. Interior doors to be 6 panel HC finger jointed split jamb 3. Oak railing, stairs, and bailasters to be stained Section 9 -- CASEWORK 1. Cabinets, vanities and countertops to be chosen by owner within allowance of $ 12,900.00. Section 10 -- ROOFING 1. Roof covered with #30 felt paper 2. 30 year fiberglass laminated shingles (architectural style) 3. Cobra ridge vent or equivalent Section 11 -- INSULATION 1. Caulk and foam insulation package 2. R15 fiberglass insulation in main house & garage walls 3. R 38 blown fiberglass insulation in ceiling of main house 4. Soundproof insulation in walls separating 1 st & 2nd floors Section 12 -- GEOTHERMAL & EXTERIOR 1. Main house wrapped with TYPAR (or equal) house wrap 2. Aluminum fascia & spouting 3. Exterior vinyl soffits 4. Vinyl siding-double 4-1/ 20 Dutch Lap Section 13 -- WINDOWS & DOORS 1. Anderson 200 series double hung, tilt windows, with grills between glass and full screens.or equivalent 2. Steel front door and steel patio doors 3. Insulated steel exterior door from garage to laundry area 4. (2) 9'X7' raised panel insulated metal garage doors 5. (2)1/ 2 horsepower garage door openers Section 14 -- GYPSUM DRYWALL 1. 1/ 2" drywall on interior house walls, painted one color, flat 2. 5/ 8" fireproof drywall on garage house walls and ceiling of garage Section 15 -- FLOOR COVERING 1. Oak pre-finished flooring throughout the house at $ 3.00/sq ft material cost only 2. Vinyl in bathrooms, master bath and kitchen 3. Oak treads (stain grade) on main staircase w/ oak risers 4. Carpet runner on stairs Section 16 -- PAINTING 1. Interior paint to be high quality 2. Interior ceilings and walls to be two coats, one color, latex flat 3. Interior painted wood trims and doors to be two coats, one color, latex semi-gloss finish 4. Exterior trim and steel doors to be two coats, 1 color, exterior latex, semi-gloss Section 17 -- MECHANICAL & -HVAC 1. Gas furnace, high efficiency 2. Central air conditioning sized to house EXHIBIT "B" A Touch of Green 180 Kerrsville Road Carlisle, PA 17015 Bill To Renee Szczepansld 835 Wellington Drive Carlisle, PA 1713 ?veise Date Invoice # 10123/2007 704 P.O. No. I Terms I Proiect Net 15 Quantity Description Rate Amount 1 Installation of yard: grading, seeding, straw application, and- fertilization 1 Install retaining wall along the north end of the house 1 Plant shrubs along the driveway and the front and side of the house, add mulch and stones 1 Plant Red Maple tree in the front yard 6% sales tax 3,200.00 3,200.00 3,200.00 I 3,200.00 1,100.00 1,100.00 175.001 175.00 6.00% 0.00 T0121 $7,675.00 RICK L. S ENSON CELL(240)357-0050 DQI)MP7 PROFE55IONAL SERVICE A. L. FENCE CO. P.O.BOX 541 BIGLERVILLE, PA 17307 CHA.MBER59UP6 267-3776 CARLISLE 245-9771 FAX (717) 677-4654 L SUBMITTED TO _ lp" 0 CITYATATE and ZIP CODE HAVOVER 632-5947 BIGLERVILLE 677-6141 DATE OF PLANS %wmnehs.c - r.Qj?.asa1l : A.L. FENCE CO. P.O. Box 541 31GLERVILLE, PA 17307 17) 632-5947 677-6141 17) 267-3776 245-9771 FAX (717) 677-4654 V?" JOB NAME JOB LOCATION DATE JOB PHONE We hereby submit specifications and estimates for: y. °- ,1 ?' ?g'?"I _ fY?f?^? ?Y?? /°` :_1 ??• .f°? r'? ? ? ? ? - a,• J' ? .? - ,?^'?,?w' y ? y/f ' -y ?)y/' ,? J ? - ? t --- J We Fropose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: r1 f dollars ($ ? . Payme to maaJdee as (follows: F?pJ /.Jy Oy ?{ J.?•} ?? `L ti I 1 Yi ???? ;/ / ..:f•P`1 .!- ? .'' JY? ..Y?O 7 ? ??i1 ? 1O' }?/L = O . „ .... - - / ..6?J1. i sad.. Y .. s"s i ? ? All material is guaranteed to be as specified. All work to be completed in a - r' workmanlike manner according to standard practices. Any alteration or deviation' from above specifications involving extra costs will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance.0ur Authorized 'y workers are fully covered by Workman's Compensation Insurance. 1112% late charge Signature per month. Additional footage will incur an additional charge. Location of property w lines, location and damage to private utility lines, and location of fence placement is Aote: This proposal may be to be the sole responsibility of the property owner. withdrawn by us it not accepted within - y r days. CLi' tarter, ar Frayjasa l - The above prices, specifications and con Itions are satisfactory and are hereby accepted. You are authorized to Signatures t? y .:; Page No. of Pages G._: Rel. No: G 245505966 • • A Touch of Green 180 Kerrsville Road Carlisle, PA 17015 Bill To Renee Szczepanski Date I7/24/2007 P.O. No. Quantity 1 I retaining wall 6% Sales tax Description Terms Rate 10,600.00 6.00% Total Project Amount 10,600.00 0.00 $10,600.00 NAvARRo & WRIGHT 1 '• Corporate office 151 Reno Avenue New Cumberland, PA 17070 Ph: 717-441-2216 Ph: 717-441-2218 INVOICE Invoice Number: 3097 July 16, 2007 Renee Szczepanski 835 Wellington Drive Carlisle, PA 17013 Project: SL004 Retaining Wall Testing Professional Services for the Period: 7/7/07 thru 7/13/07 Laboratory Testing Services Method Cost Quantity Charge USCS Full Classification (Sieve, Hydrometer,and Atterburg) D 2487 $190.00 1 Direct Shear (peak) $190.00 D 3080/T236 $460.00 1 $460.00 $650.00 **". T0fidADvoice_Arnount_*** D. Foust, P.G. - Laboratory Testing Manager IM-00- I 7-14--a7 Date Chambersinitcl 717-263-865 5007 Philadelphia Avenue Carlisle 717-249.8443 Chambersburg, PA 17201 Waynesboro 717.765-1624 TIE Corporate Office Gettysburg 717-337.9128 Frederick 301-663.0061 Y01Lr Or TRIT CARi? Fax: 717-263-6fi13 Hagerstown 301-714-0130 Billing Address: Telephone:H) W) C) YI ; - 5-11s- IeA c- ?. . 1#7 °• fy- C.,-tA r a f - 1 1 Special Remarks. All .vork will conitlrm to ANSI L 133.1 Safety Sltuldards and ANSI A-')00 Standards [or Pruning, ('ablinty-Bracing, Fenilization, and Lightning, Protection Estimate prepared by: Fred Schrom ISA Certified Arborist VD-0442A Local Office: Carlisle Branch Manager Accepted by: f' .01 f See reverse for terms and conditions Name: c- a")s?r Estimate t S} 'r%/?. f ?f 7 Date: Worksite: , f"i" ?f 7tf 1 y c-:a + tyres 975 V ?,/ ? v D Y -r7 ' P f ` J; y L < 0 David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant RENEE SZCZEPANSKI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LaNOUE HOMES, LLC., Defendant : NO. 08-171 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD To: Renee Szczepanski c/o Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower level New Cumberland, PA 17070 YOU ARE HEREBY notified to plead to the within Answer of Defendant LaNoue Homes, LLC within twenty (20) days. DATE: February ??, 2008 CALDWELL & KEARNS i By Davi J. Lanza Attorneys for Defendant LaNoue Homes, LLC David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant RENEE SZCZEPANSKI Plaintiff V. LaNOUE HOMES, LLC., Defendant 1. Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-171 CIVIL TERM : CIVIL ACTION -LAW ANSWER 3. Admitted in part. Denied in part. Plaintiff and Defendant entered into a contract. Defendant has failed to include a complete copy of the Contract. Defendant has omitted crucial portions of the aforesaid Contract which portions made clear that Defendant bore no responsibility for items contained in Plaintiff's Complaint, including landscaping items. A true and correct copy of the complete Contract is attached hereto as Exhibit "A". 4. Admitted in part. Denied in part. The construction of a retaining wall has no bearing on the Contract between Plaintiff and Defendant. 5. Admitted. Defendant obtained a Temporary Certificate of Occupancy, a true and correct copy of which is attached hereto as Exhibit "B". 6. Denied. Plaintiff never "closed on the house". Defendant never received the final draw for the construction of the house. Commerce Bank continues to hold substantial proceeds representing all or most of the final draw. 7. Denied. Defendant has no knowledge of this averment and the same is hereby denied. It is denied that "closing" has taken place. 8. Denied. It is denied that the Building Supervisor for the Borough of Carlisle made any such statement. The Defendant received a Temporary Certificate of Occupancy which Defendant provided to Plaintiff. 9. Denied. Issues regarding a retaining wall have no bearing on the Contract between Plaintiff and Defendant, as Defendant had no duty to construct a retaining wall. 10. Denied. Defendant has no knowledge of whether Plaintiff obtained an additional temporary certificate of occupancy. Defendant has knowledge only of the Temporary Certificate of Occupancy obtained by Defendant and attached hereto as Exhibit "B". It is denied that "closing" has taken place. 11. Denied. Plaintiff's Complaint contains no such paragraph. 12. Denied. Defendant has no knowledge of what Plaintiff performed at her own expense. By way of further denial, any such work would have been beyond the scope of the Contract between Plaintiff and Defendant. 13. Denied. The invoices attached to Plaintiffs Complaint have no bearing on the duties existing in the Contract between Plaintiff and Defendant. Plaintiff bore the duty to perform the aforesaid work from the inception of the Contract. COUNT I - BREACH OF CONTRACT 14. Denied. Defendant incorporates its denials as if set forth in full. 15. Admitted in part. Denied in part. Plaintiff and Defendant entered into a contract. Defendant has failed to include complete copies of the Contract. Defendant has omitted crucial portions of the aforesaid Contract which portions made clear that Defendant bore no responsibility for items contained in Plaintiffs Complaint, including landscaping items. See Defendant's Exhibit "A"attached hereto. 16. Admitted in part. Denied in part. Defendant's duties are set forth in the Contract. By way of further denial, Defendant constructed a house in accordance with the terms of the Contract. 17. Denied. To the extent that a permanent Certificate of Occupancy depended on items not included in the Contract such as a retaining wall, this averment is irrelevant to the issues of this case. By way of further denial, Defendant fulfilled its duties under the Contract. 18. Denied. The items for which Plaintiff claims to have paid go beyond the scope of the Contract. WHEREFORE, Defendant seeks judgment against Plaintiff and an Order dismissing Plaintiffs Complaint. COUNT II - BREACH OF IMPLIED CONTRACT 19. Denied. Defendant incorporates the answers and denials of paragraphs 1 - 18 as if set forth in full. 20. Admitted in part. Denied in part. The terms of the Contract are set forth in Defendant's Exhibit "A". 21. Denied. Defendant constructed the residence in accordance with the terms of Defendant's Exhibit "A". To the extent that an occupancy permit was denied due to the lack of a retaining wall, such item is beyond the scope of the Contract. 22. Denied. No implied contract existed. The Contract attached as Defendant's Exhibit "A" constituted a complete contract. By way of further denial, the house was completed in a manner for which a permanent Certificate of Occupancy could be issued. The issues related to the external retaining wall have no bearing and go beyond the Contract. 23. Denied. No implied contract exists. The "additional work" demanded by Plaintiff goes beyond the scope of the Contract. WHEREFORE, Defendant seeks judgment against Plaintiff and an Order dismissing Plaintiffs Complaint. NEW MATTER 24. Defendant incorporates the denials of paragraph 1 - 23 as if set forth in full. 25. To the extent that Plaintiff's Complaint relies upon alleged duties not appearing in the Contract, such Complaint is barred by the Statute of Frauds. 26. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 27. Plaintiff fails to set forth any alleged consideration for the additional items that do not appear in the aforesaid Contract. 28. Plaintiff has redacted vital portions of the Contract attached to Plaintiff's Complaint, which portions directly contradict Plaintiff's allegations. 29. Plaintiff's conduct in removing crucial portions of the Contract has been in bad faith obdurate, vexatious and dilatory, thus entitling Defendant to attorney fees under 42 Pa.C.S.A. §2503. 30. Plaintiff's Complaint is barred by the Doctrine of Estoppel, as Defendant relied upon the existence of the Contract as attached to Defendant's Answer, as well as Plaintiff's course of conduct in accepting Defendant's performance pursuant to said Contract during the construction process. 31. Plaintiff is estopped from seeking performance that is not required by or included in the written Contract. 32. Plaintiffs allegations are barred by the Parol Evidence Rule. COUNTERCLAIM 33. Defendant incorporates the denials and averments of paragraphs 1 - 32 as if set forth in full. 34. On or about May 17, 2006, Plaintiff and Defendant entered into an Agreement ("Agreement" or "Contract") a true and correct copy of which is attached hereto as Exhibit "A". Defendant's Exhibit "A" constitutes the complete Agreement, all pages of which were included at the time of execution. 35. Pursuant to the aforesaid Agreement, Plaintiff was required to pay to Defendant the sum of $288,000.00. 36. Defendant has fully performed its obligations pursuant to the aforesaid Contract. 37. Plaintiff has paid only $274,400.00 and has failed to pay the remaining balance of $13,600.00 or any part thereof. 38. By virtue of Plaintiff's failure to pay the remaining balance, Plaintiff is in breach of the aforesaid Contract. 39. Defendant has demanded the aforesaid sums but Plaintiff has refused and neglected to pay the same or any part thereof. WHEREFORE, Defendant demands judgment against Plaintiff in the amount of $13,600.00 plus interest from and after April 27, 2007 plus attorney fees. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant 08023-001/128482 ??, ? ?? ;. Edwin LaNoue DBA LaNoue Homes 313 Walnut St. Boiling Springs, Pa. 17007 717-258-0908 Contract submitted to: Date: May 17, 2006 Renee Syczepanski SPECIFICATIONS: Job: Lot # 33 Wellington Dr. Nottingham Dev. Carlisle, PA. Hereby propose to construct house on Lot# 33 Wellington Dr. Carlisle, Pa. as per plans and discussions according to attached specifications. Any extras will be done on a time and materials basis above and beyond quoted price. We hereby propose to furnish material and labor in accordance with the above referenced specifications for the sum of: Two Hundred Eighty Eight Thousand Dollars ($ 2889000.00) Payment terms are as follows: Minimum 5 Draw Schedule Authorized Signature Note: This proposal will be considered null and void if not accepted within a 30-day period. CONTINUATION OF PROPOSAL: ALL MATERIAL IS GUARANTEED AS SPECIFIED. ALL WORK WILL BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATIONS OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE CONSIDERED EXTRA WORK AND WILL BE CHARGED OVER AND ABOVE THIS ESTIMATE. OWNER HAS THE RESPONSIBILITY TO CARRY THE NECESSARY AND REQUIRED PROPERTY INSURANCE. THE CONTRACTOR SHALL CARRY GENERAL LIABILITY INSURANCE. AS THE CUSTOMER AND BY EXECUTING THIS DOCUMENT WITH AN AUTHORIZED SIGNATURE. 1 DO HEREBY ENTER INTO A BINDING CONTRACT. DATE CUSTOMER UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN BOTH COPIES. RETAIN ONE COPY FOR YOUR RECORDS AND RETURN THE OTHER COPY FOR OUR FILES. G. Edwin LaNoue DBA LaNoue Homes New Home Specifications for: Renee Syczepanski Lot # 33 Wellington Dr. Carlisle, Pa. 17013 Section 1 -- PLANS & PERMITS 1. Provide final construction documents and specifications 2. Obtain building permit, along with water & sewer hook up fees Section 2 -- SITE CLEARING & EXCAVATING 1. Topsoil removed and stockpiled 2. Excavating basement to bottom of footers 3. All frost wall footers to be trenched to proper bearing Section 3 -- FOOTERS & FOUNDATIONS 1. Concrete footers 8" X 20" minimum 2. Basement walls 8' high 8" thick poured concrete with #6 rebar 3. Garage and porch walls 4' high 8' thick poured concrete 4. Basement walls waterproofed foundation coating 5. Footer drains around basement 4" pipe and crushed stone 6. Radon ventilation pipe in basement floor, 7. 8" crushed stone under basement floor Section 4 -- CONCRETE 1. Concrete basement floor minimum 4" thick 2. Concrete garage floor minimum 4" thick 3. Concrete porch floor minimum 4" thick 4. Concrete walk 3' wide from driveway to front porch minimum 4" thick 5. 10' X 12' shed slab 4" thick, provided for shed 6. Trowel finish all slab surfaces, broom finish all ext slabs Section 5 -- UNIT MASONRY 1. Stone as per plan on facade of house 2. vinyle Siding on remainder of house. Section 6 -- STRUCTURAL STEEL 1. Steel beams as per plan 2. Adjustable steel columns bolted to beam Section 7 -- ROUGH CARPENTRY 1. Framing lumber SPF #2 or better 2. Floor joists to be 2 X 12 SPF # 2 with engineered LVL beams 3. Sub floor to be 3/4" T/G APA underlayment 4. Exterior wall studs to be 2 x 4 spaced at 16" center 5. Exterior wall sheathing to be 1" high R sheeting 6. Roof trusses 24" on center and rafters 24" on center 7. Roof sheathing to be 7/ 16" OS13 Section 8 -- FINISHED CARPENTRY 1. Interior trims to be 2-14" paint grade casing and 3 1/4" paint grade base 2. Interior doors to be 6 panel HC finger jointed split jamb 3. Oak railing, stairs, and ballasters to be stained Section 9 -- CASEWORK 1. Cabinets, vanities and countertops to be chosen by owner within allowance of $ 12,900.00. Section 10 -- ROOFING 1. Roof covered with #30 felt paper 2. 30 year fiberglass laminated shingles (architectural style) 3. Cobra ridge vent or equivalent Section 11 -- INSULATION 1. Caulk and foam insulation package 2. R15 fiberglass insulation in main house & garage walls 3. R 38 blown fiberglass insulation in ceiling of main house 4. Soundproof insulation in walls separating 1st & 2nd floors Section 12 -- GEOTHERMAL & EXTERIOR 1. Main house wrapped with TYPAR (or equal) house wrap 2. Aluminum fascia & spouting 3. Exterior vinyl soffits 4. Vinyl siding-double 4-1/ 2" Dutch Lap Section 13 -- WINDOWS & DOORS 1, Anderson 200 series double hung, tilt windows, with grills between glass and full screens.or equivalent 2. Steel front door and steel patio doors 3. Insulated steel exterior door from garage to laundry area 4. (2) 9'X7' raised panel insulated metal garage doors 5. (2)1/ 2 horsepower garage door openers Section 14 - GYPSUM DRYWALL 1. 1/ 2" drywall on interior house walls, painted one color, flat 2. 5/ 8" fireproof drywall on garage house walls and ceiling of garage Section 15 -- FLOOR COVERING 1- Oak pre-finished flooring throughout the house at $ 3.00/sq ft material cost only 2. Vinyl in bathrooms, master bath and kitchen 3. Oak treads (stain grade) on main staircase w/ oak risers 4. Carpet runner on stairs Section 16 -- PAINTING 1 _ Interior paint to be high quality 2. Interior ceilings and walls to be two coats, one color, latex flat 3. Interior painted wood trims and doors to be two coats, one color, latex semi-gloss finish 4. Exterior trim and steel doors to be two coats, 1 color, exterior latex, semi-gloss Section 17 -- MECHANICAL & HVAC 1. Gas furnace, high efficiency 2. Central air conditioning sized to house i/ This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) - r rest PHONE ADDRESS / 71:4 V • FAX OR Broker is NOT. the Agent for Seller and is a/an: ? AGENT FOR BUYER BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) ltC _ O- PHONE :;.111 ADDRESS / 3y GrJ-? Si . C.f .iG .z, i 7erJ/ FAX BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE 2 3 4 5 6 7 B 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.' If the some Licensee Is designated for Seller and Buyer, the Licensee Is a Dual Agent. 1. ? 1<St ?Srrrment, dated is between SELLER/BUILDER: ' called "Seller," and BUYER(S): N ?s c z ++A.t..? l ?? 2. PROPERTY (11-00) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece of ground with buildings and improvements to be erected thereon, if any, known as: Name of Subdivision /Vo 7.v??/iwn'J Phase Lot # Model Street Address Vk_ . in the ///yw/G, of i. (.? , County of in the Commonwealth of Pennsylvania, Zip Code l 70/ 3 Identification (e.g., Tax ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date) dy ? ? -oy7g ? d?l?'1 3. PURCHASE PRICE (1-02) (A) Total Purchase Price / -&,W ??? ?- E?/ t ..,,slims / di.?rs vi ?l? which will be paid to Seller by Buyer as follows: (B) Base Price (C) Lot Premium, if any (D) Total Options/Extras/Alterations (see attached addendum) _ TOTAL PURCHASE PRICE 4. PAYMENT TERMS (1-02) (A) Cash or check at signing this Agreement: (B) Cash or check within days of the execution of this Agreement: (C) Non-refundable pre-paid options/extras/alterations paid to Seller on or before (D) 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (E) Cash, cashier's or certified check at time of settlement: called "Buyer." U.S. Dollars z oc 2 irk, 09P sa 2 kknme $ TOTAL PURCHASE PRICE S (F) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: (G) Seller's written approval to be on or before: (H) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (I) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated .here: (.I) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- pal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 45 5. SCHEDULE OF CONSTRUCTION (11-00) / 46 (A) Commencement Date: Seller estimates that Seller will commence construction on or about Seller 47 reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance 48 with Paragraph 6. 49 (B) Completion Date: Seller estimates completion of construction on or about Buyer 50 hereby acknowledges that the above estimated time of completion on the part of Seller is made as an accommodation to Buyer to assist Buyer 51 in formulating future plans. However, if commencement, completion, and/or settlement are delayed due to inclement weather, strikes, delays 52 in issuance of permits, unavailabilty of labor or materials, or.any other reason beyond Seller's control, such times and settlement hereunder 53 will be automatically extended accordingly, and time is not deemed to be of the essence. 54 (C) Settlement: Settlement hereunder will be held on a date which is within 10 days (unless otherwise specified here ) 55 after Seller supplies Buyer with a written notice of settlement. However, at the time of settlement, the house and premises will have been 56 substantially completed. If the municipality or governmental authority requires a Use & Occupancy permit, Seller will provide one at 57 settlement. 58 Buyer Initials: A/S-NC Page 1 of 6 Seller Initials: $ S 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 m COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2004 Pensusylv =16 Asseclati of REALT RS° lioa l tJ WAIVED. This sale is NOT contingent on mortgage financing, 61 t, ELECTED 62 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 63 1. Amount of mortgage loan $ DR'; 64 2. Minimum Term 30 years 65 3. Type of mortgage hwd,. __/ 66 4. Interest rate ?,ZT %, however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to is 1 67 exceed a maximum interest rate of %. 68 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding me. 69 any mortgage insurance premiums or VA funding fee) not to exceed not to exceed % (0% if not specified) of the mortgage loan. r$f! 70 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an 71 interest rate at or below the Maximum Interest Rate specified. herein with the percentage fees at or below the amount specified herein. Buyer 72 gives Seller the right; at Seller's sole, option, and as permitted by. the mortgage lender and applicable laws, to contribute financially, without C? 73 promise of reimbursement, to the Buyer and/or lender to make the above terms available to Buyer. 74 (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms speci- 75 fired above to a responsible mortgage lender. The Broker, for Buyer, if any, otherwise the Broker for Seller, is authorized to communicate 76 with the mortgage lender for the purposes of as istin in the mortgage loan process. 77 (C) 1. Mortgage commitment date 2 If a written commitment is not received by Seller by the above date, Buyer to 78 and Seger agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 79 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 80 3. Seller has the option to terminate this Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment: 81 a. Is not valid until the date of settlement, OR 82 b. Is conditioned upon the sale and settlement of any other property, OR 83 c. Contains any other condition not specified in this Agreement. 84 4. In the event Seller does. not terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if the mortgage commitment: a 86 a. Is not obtained by or valid until the date of settlement, OR 87 b. Is conditioned upon1the sale and settlement'of any other property which do not occur by the date of settlement, OR 88 c. Contains any other condition not specified in this Agreement which Buyeris unable to satisfy by the date of settlement. y 89 5. If this Agreement is terminated as specified in paragraphs 6 (C)'(2), (3) or (4), all deposit monies paid on account of purchase price will 90 be returned to Buyer. Bu*f will be responsible for any; premiums for mechanics lien insurance and/or title search, or fee for cancellation 3+ 91 of same, if any; AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or can- 92 cellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender, 93 (D) Seller will not be responsible to Buyer or Buyer's mortgage lender to escrow any funds for any reason. In the event Buyer's mort gage lender 94 requires an escrow of funds as a condition to complete settlement, then Buyer agrees to provide such escrow funds and complete settlement 95 hereunder as specified in this Agreement. This paragraph will survive settlement. 96 (E) Seger Assist 97 0(-NOT APPLICABLE, V 98 ? APPLICABLE. Seller will pay: 99 ? $ maximum, toward Buyer's costs as permitted by the mortgage lender. 3 100 ? 101 102 FHAIVA, IF APPLICABLE 103 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the 104 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- 105 dance with HUD/FHA or VA requirements, a written statement by theYederal Housing Commissioner, Veterans Administration, or a Direct 106 Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be insert- 107 ed is the sales price as stated in the Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract with- 108 out regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department 109 of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy him- 110 self/herself that the price and condition of the Property are acceptable. 111 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration 112 Transactions, provides, "Whoever for the purpose' of ... influencing in anyway the action of such Department, makes, passes, utters, or pub- 113 lishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both." 114 (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 115 ? Buyer has received the HUD Notice "For.Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 116 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 117 Agreement. Buyer understands that FHA will not perform 'a home inspection nor guarantee the price' or condition of the Property, 118 Buyer's Initials - Date 119 (H) Certification We the undersigned; Seller(s), and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are 120 true to the best of our knowledge and belief, and'that any, other agreement entered into by any of these parties in connection with this transac- 121 tion is attached to this Agreement. 122 7. INSPECTIONS (1-02) 123 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 124 Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller finther agrees to permit any other inspections required by 125 or provided for in the terms of this Agreement. Buyer has the right to attend all inspections. 126 (B) Pre-settlement Inspection 127 1: Buyer reserves the right to make a pre-settlement' walk-through inspection of the Property when the Property is substantially complete. 128 Seller will notify Buyer prior to settlement-of theAate and time of Buyer's pre-settlement walk-through inspection of the Property. 129 2. At the pre-settlement inspection, Buyer and Seller will'complete and sign a list of items (punch list) to be completed, modified, or replaced 130 within thirty (30) days after settlement. Items that cannot be completed, modified, or replaced within 30 days of settlement due to events 131 beyond Seller's reasonable control will be completed by Seller as soon as is reasonably possible, not to exceed one year or days 132 after settlement. This paragraph will survive settlement. 133 3. Buyer's failure to inspect the Property on the date of the scheduled pre-settlement inspection or Buyer's failure to complete and sign the 134 pre-settlement inspection form constitutes a waiver of Buyer's right to inspect the Property, and Buyer will accept the Property at settle- 135 ment in its then present condition without obligation of modification or replacement. 136 4. Buyer's right to make this inspection is not waived by any other provision of this Agreement. 137 5. Seller will have heating and all utilities (including fuel(s)) on for the pre-settlement walk-through inspection. 138 Buyer Initials: A/S-NC Page 2 of 6 Seller Initials. 8 8 91 9: 9i 9: 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 141 142 143 9. 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 SSeller will provide evidence that there are no wood-boring insects on the Property, if required by lender. If a wood infestation inspection is required, 140 Buyer agrees to reimburse Seller for the cost of the inspection. If active infestation(s) exists, Seller agrees, at Seller's expense and before settlement, 141 to treat for active infestation(s), in accordance with applicable laws. RADON CONTINGENCY (11-00) 142 El Seller will not install preparatory work for a radon mitigation system. (See Radon Notice) 143 fif- 144 Seller will install preparatory work for a radon mitigation system. (See Radon Notice), 145 146 10. STATUS OF WATER (11-00) - Seller represents that at time of settlement. this property will be served.,bT Public Water - Name of Service Provider ? On-site Well Water which meets applicable governmental standards ? Community Water 11. STATUS OF SEWER (11-00) Seller represents that property is served by: R. Public Sewer - Name of Service Provider 4 ? Individual On-lot Sewage Disposal System (See Sewage Notice 1) ? Community Sewage Disposal System ? Holding Tank (See Sewage Notice 3) 12. NOTICES, ASSESSMENTS Sc GOVERNMENTAEQUIREMENTS (11-00) (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, building, safety or, fire ordinances which remain uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here: 1. 1 (B) Seller knows of no other potential notices (including violations) and assessments except as follows:- (C) Seller will be responsible for .any40ice of improvements or assessments received on or before the date of settlement. - 14 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. (E) All necessary permits will'be obtained and paid for by 'Seller prior to settlement. (F) Seller will comply with all restrictions and requirements imposed by any governmental authorities. 13. TITLE, SURVEYS, & COSTS (11-00) (A) : The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. (B) In the event Seller is unable to give a good'and marketable title and'such as will be insured by a reputable Title Company at the regular rates, as specified in paragraph 13(A), Buyer will have the option of taking such title as Seller can give without changing the price or of being repaid all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items specified in paragraph 13(C) and in paragraph 13(D) items (1), (2), (3); and in the latter event there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. (C) Any survey or surveys which may be required by the Title Insurance 'Company or the abstracting attorney, for the preparation of an adequate legal description of the Property (or the correction thereof), will be secured and paid for by Seller. (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender; if any; (4) Buyer's customary settlement costs and accruals; (5) Initiation fee or capital funding fee, if any: $ (E) Buyer has reviewed the final subdivision plan and is familiar with the grading plans, showing the location and contour of the lot being pur- chased, storm drainage plans including piping and easements, alluvial soils, conservation easements, wetlands, or 100 year flood plain condi- tions on or surrounding Buyer's lot. 14. ZONING CLASSIFICATION (I1-00) Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits ten- dered by the Buyer will be returned to the er `wi put any requirement for court action. Zoning Classification: /rY?.?5?/,?? 15. LANDSCAPING & DRIVEWAY (11-00) (A) Seller will attempt to preserve as many of the ezisting'trees or shrubs as reasonably possible during the construction of the improvements and house on the premises. It is expressly agreed that Sellerdoes not guarantee or warrantthe survival of any trees or shrubftxisting on the premises prior to construction. Any existing trees or shrubs that may die after settlement are the sole responsibility of Buyer. Seller will be responsible to grade and seed the disturbed areas only. Any soil washouts from rain of melting snow or burnouts due to droughts after settlement are the sole responsibility of Buyer. As to the quality or quantity of the growth of grass, it will be Buyer's responsibility to water, fertilize'and reseed as nec- essary after settlement. (B) Buyer acknowledges that, due to adverse weather conditions and other events beyond Seller's reasonable control, items including the driveway surface, grading and seeding, exterior painting'or'staining; and exterior concrete surfaces may not' be completed at time of settlement. Unless otherwise agreed, no portion of the purchase price or option payments will be placed in an escrow account or withheld from Seller at settlement to compensate for incomplete items.' Seller will'comple'te the items withirt a reasonable'time after settlement as weather conditions permit. (C) This paragraph will survive settlement. 16. SUBSTITUTIONS (11-00) BUYER AND SELLER ACKNOWLEDGE THAT THE BUILDINGS AND IMPROVEMENTS ON THE PREMISES- WILL BE SUB- STANTIALLY SIMILAR TO THE ESTABLISHED BUILDING SPECIFICATIONS. BUYER ALSO ACKNOWLEDGES THAT SELLER HAS THE RIGHT TO MAKE SUBSTITUTIONS OF MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER QUALITY AT SELLER'S SOLE DISCRETION, AND THAT ACTUAL MATERIALS AND PRODUCTS MAY VARY FROM SAMPLE MATERIALS AND ODUCTS. Buyer Initials: A/S-NC Page 3 of 6 Seiler Initials: 147 148 149 150 151 152 153 154 155 156 1S7 158 159 160 161 162 163 164 165 166 167 166 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 oTHIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUP- 218 219 PORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH 219 220- COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY 220 221 RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice 221 222 is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right 222 223 of protection against subsidence resulting from coal mining operations, and that the property described herein maybe protected from damage due to 223 224 mine subsidence by a private contract with the owners of the economic interests in the coal This acknowledgement is made for the purpose of com- 224 225 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to 225 226 sign the deed from Seller which deed will contain the aforesaid provision. 226 227 18. POSSESSION (11-00) Possession is to be delivered by deed, keys and physical possession to a clean building. The lot and building(s) will be free 227 228 of debris at day and time of settlement. 228 229 19. RECORDING (3-85) This Agreement will not be recorded.in the Office for the Recording of Deeds or in any other office or place of public record 229 230 and if Buyer causes or permits this Agreement to be recorded, Seller,may elect to treat such act as a breach of this Agreement. 230 231 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 231 232 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 232 233 Agreement without the written consent of Seller. 233 234 21. DEPOSIT & RECOVERY FUND (1-00) 234 235 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment 235 236 and the person designated as payee, will be paid to individual identified in paragraph 4(F), who will retain them in an escrow account until con- 236 237 summation, or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed' check tendered as deposit 237 238 may be held pending the acceptance of this offer. 238 239 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 239 240 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 240 241 return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer 241 242 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and 242 243 costs of the broker(s) and licensee(s) will be paid by the party joining them. 243 244 (C) A Real Estate Recovery "Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licens- 244 245 ee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all 245 246 legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783- 246 247 248 4854 (outside Pennsylvania). ?,.e?`? 22. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNERASSOCIATION) PUBLIC OFFERING STATEMENT (1-00) 247 248 249 fii?_ NOT APPLICABLE 249 250 ? APPLICABLE: CONDOMINIUM 250 251 (A) Buyer acknowledges that the Property is a unit of a condominium as defined by the Uniform Condominium Act. Seller is a declarant of 251 252 the condominium and is required to provide Buyer with a public offering statement. (See Condominium/Uniform Planned Community 252 253 Notice for definitions of declarant, public offering statement, and condominium.) 253 254 (B) The delivery of the public offering statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel 254 255 this Agreement within fifteen (15) days after receiving the public offering statement and within fifteen (15) days of receipt of any amend- 255 256 ment to the Statement that materially and adversely affects Buyer. 2` 257 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 251 258 (A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. Seller is a 258 259 declarant of the planned community and is required to provide Buyer with a public offering statement. (See Condominium/Uniform 259 260 Planned Community Notice for definitions of declarant, public offering statement, and planned community.) 260 261 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Buyer executes 261 262 this Agreement. Buyer may cancel this Agreement within seven (7) days after receiving the public offering statement and within seven (7) 262 263 days after receiving any amendment to the contract that would materially and adversely affect Buyer. 263 264 23. MAINTENANCE & RISK OF LOSS (11-00) Seller will bear risk of loss from fine or other casualties until time of settlement. In the event of dam- 264 265 age by fire or other casualties to any property included in the sale that is not repaired or replaced prior to settlement, Buyer will have the option of 265 266 rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of extending settlement until such time as Seller 266 267 can deliver the property in completed condition. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the 267 266 time of execution of this Agreement. 268 269 24. RELEASE (11-00) Buyer and Seller hereby release, quit claim and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 269 270 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through 270 271 them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the conse- 271 272 quences thereof. This release will survive settlement. 272 273 25. REPRESENTATIONS (11-00) 273 274 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures, plans, building specifications, or warranties 274 275 trade by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated 275 276 in this Agreement. 276 277 (B) Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an assessment of the plan, drawings, specifi- 277 278 cations, or such documents as have bearing on the nature and quality of the structures to be built by Seller. Furthermote, Brokers, their licensees, 278 279 employees, officers, and partners make no representation with respect to permits or such other evidence of government approval for the 279 280 construction of the strictures to be built by Seller, of the environmental conditions, the permitted uses, the financial condition of Seller, or the 260 261 conditions existing in the locale where the property is situated; nor have they made an inspection of the components, appliances, systems, or 281 282 consumer products to be installed in or about the Property. 282 283 (C) It is further understood that this Agreement contains the whole Agreement between Seller and Buyer and there are no other terms, obligations, 203 284 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement 284 285 will not be altered, amended, changed, or modified except in writing executed by the parties. 285 286 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 286 287 Buyer Initials: A/S-NC Page 4 of 6 Seller Initials: 287 ?i WARRANTIES (11-00) 9 (A) Assignment of Manufacturer's Warranties: Seller hereby assigns to Buyer the manufacturer's warranties on all appliances, equipment, and 290, other consumer products to be installed in or on the Property. Copies of these warranties will be delivered to Buyer. Seller makes no warranties, 291 representations, or guarantees, with respect to the appliances, equipment and consumer products and all such warranties, representations, and 292 guarantees are hereby disclaimed. The sole remedy, of. Buyer as to any such items will be to make such claims as are appropriate under the man- 293 ufacturer's warranties. 294 (B) Limited Warranty: Except as set forth in any limited warranty that may be provided herewith, SELLER MAKES NO OTHER REPRE- 295 SENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS, OR, IMPLIED, INCLUDING BUT NOT, LIMITED TO, THOSE 296 OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, QUALITY OR OTHERWISE AS TO THE 297 PROPERTY AND THE RESIDENCE AND OTHER IMPROVEMENTS CONSTRUCTED THEREON, AND SELLER HEREBY 298 EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES. Buyer hereby acknowledges and accepts such dis- 299 claimer and agrees to waive any and all rights Buyer, may. have by virtue of such representations and warranties. Except for the warranties pro- 300 vided by Seller, Buyer assumes the risk of any and all damage, from the date of settlement, occurring in or appearing on the Property regardless 301 of the cause thereof. Buyer's assumption of this risk is partially, in consideration of the amount of the purchase price of the Property which is 302 lower than it would be if Seller was to be held responsible for any such risks by virtue of said expressed or implied representations or warranties. 303 27. DATES/TIME IS OF THE ESSENCE (1-02) 304 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are 305 agreed to be of the essence of this Agreement and are binding. 306 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was 307 executed and including the last day of the time period. 308 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 309 the parties. 310 (D) Certain time periods are pre-printed in, this Agreement as a, convenience to the Buyer and Seller. Any pre-printed time periods are negotiable 311 and may be changed by striking out the pre-printed texkand inserting a different time period acceptable to all parties. 312 28. DEFAULT (1-02) 313 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 314 1. Fail to make any additional payments as specified in paragraph4; OR 315 2. Furnish false or incomplete 4ormation to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, or 316 fail to cooperate in the processing of the mortgage loan application, which acts would-result in the failure to obtain the approval of a mort- 317 gage loan commitment; OR 318 3. Violate or fail to fulfill and p?orm any other terms or conditions of this Agreement. 319 (B) Unless otherwise checked in paragraph 28 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 320 following manners: 321 1. On account of purchase price; OR 322 2. As monies to be applied to Seller's damages; OR 323 3. As liquidated damages for such breach. 324 (C) 14 Seller is limited to retaining sums paid. by Buyer, including deposit monies, as, liquidated damages. 325 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 28 (B) or (C), Buyer and Seller 326 will be released from further liability or obligation and this Agreement will be VOID. 327 29. MEDIATION (7-96) 328 ? NOT AVAILABLE 329 ?. WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 330 gation on the part of any party to do so. 331 O ELECTED 332 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 333 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 334 signed by the parties will be binding. 335 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers 336 Dispute Resolution System. (See Mediation Notice.) 337 (C) This agreement to mediate disputes arising from this Agreement. will, survive settlement. ?4 338 Buyer Initials: A/S-NC Page 5 of 6 Seller Initials: 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 JJJ 340 1 341 342 342 343 343 344 344 345 345 346 31. SPECIAL CLAUSES (11-00) 346 347 (A) ., Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 347 348 (B) KBuyer and Seiler have received a statement of their respective estimated closing costs before signing this Agreement. 348 349 (C) ? Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before sign- 349 350 ing this Agreement. 350 351 (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Note: The Seller's 351 352 Property Disclosure Law does not require a disclosure form when: 352 353 1. A one-year written warranty covering the construction will be provided; 353 354 2. The building will be inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; 354 355 AND 355 356 3. A certificate of occupancy or a certificate of code compliance will be issued for the dwelling. 356 357 (E) The following are part of this Agreement if checked: 357 358 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 358 359 Contingency Addendum (PAR Form SSP) ? 359 360 ? Sale & Settlement of Other Property Contingency ? 360 361 with Right to Continue Marketing Addendum ? 361 362 (PAR Form SSP-CM) 362 363 (F) The following exhibits are made part of this Agreement if checked: 363 364 .Plot Plan of Lot ? Options/Extras/Alterations 364 365 19f 17 p5-House Plan/Floor Plan/Elevation ? New Construction Warranty 365 366 ? Floor Plan Reversed ? Restrictive Covenants/Deed Restrictions 366 367 ? Other f ? 367 368 OBuilding Specifications A I_11(11(14&e ? 366 369 ? Standard Features ? 369 370 Buyer and Seller acknowledge that they hire read and understand the notices and explanatory information set forth in this Agreement. 370 371 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 371 372 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this 372 373 Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 373 374 to consult an attorney before signing if they desire legal advice. 374 375 376 377 BUYER'S MAILING ADDRESS: 'C li /07/.+r" • , wnr BUYER'S CONTACT NUMBER(S): 378 WITNESS 379 WITNESS 375 376 377 378 BUYER DATE 379 380 WITNESS BUYER DATE 380 381 Seller hereby approves the above contract this (date) 381 382 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of 382 383 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided 383 384 Seller, , Broker for Seller, but in no event will-the sum paid to the Broker for Seller be in excess of the above specified Broker's 384 385 fee. 385 386 387 388 SELLER'S CONTACT 369 WITNESS 390 WITNESS 391 WITNESS SELLER A DATE 386 367 386 389 390 SELLER DATE 391 382 Brokers'/Licensees' Certifications (check ail that are applicable): 392 393 ? Regarding FHA Mortgages: The undersigned. Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 393 394. the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of 394 395 these parties in connection with this transaction is attached to this Agreement. 395 396 ? Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agrees to submit to mediation in accordance with 396 397 paragraph 29 of this Agreement. 397 396 Broker for Seller (Company Name) SY G . 398 399 ACCEPTED BY DATE 399 400 Broker for Buyer (Company Name) 400 401 ACCEPTED BY ????..? DATE // /E.?+ro 401 402 A/5-NC Page 6 of 6 402 SELLER'S MAILING ADDRESS: /`? s 6xw,i ?3 Borough of Carlisle Te Certificate of Occupancy Valid for _3 months from ate gf ism (July 27.2007) Requires ins don/ approval of final grading, roof drainage discharge, and retaining wall and fence along driveway before issue of fmal certificate. Date of Certificate: Aril 27.2007 V.-Ate of fiual iwpe dm: Apn'12L 2007 'T'sar pared so.: 04-21?049HV QZWappiicaat: Renee Sys Addreea: 835 Nftllinatnn Dr Cljple ? 1 . IN. In of inspection: Final mgmamy Permit no.: Qft§ I 1 IA"tioe of etructure: 835 Wellington Dr. C.UWIe, pa. 170J3 lhortiod of structure: Npw single-family Nome U- se and occupancy of structure: Rffii tiaUsingle foily t :ode edition: 2003 International Rnifttial Cock "ti vWm was luspoc W for ow plhmm with tbC Pennsylvania Unh%tm Consavodon Code AUTOMATIC SPURnMER SYSTEM tS NW PROVIDED ?r Craig A. Doll B.Q.C. Code Enforcement Officer eo ' d 60/60 39Vd NU 61;60 800z-10-83A 3nONd-1 806089ZLTL 86:60 800Z/T0/Z0 VERIFICATION I, George LaNoue owner of LaNoue Homes, LLC verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. &' 3 Date: - ?' By: George LaNoue CERTIFICATE OF SERVICE AND NOW, this day of ? a 8 1 hereby certify that I have served a copy of the within document on the fol o ing by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower level New Cumberland, PA 17070 By: CALDWELL & KEARNS C 1 -713 ai SHERIFF'S RETURN - REGULAR CASE NO: 2008-00171 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SZCZEPANSKI RENEE VS LANOUE HOMES LLC WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LANOUE HOMES LLC the DEFENDANT at 0900:00 HOURS, on the 14th day of January , 2008 at 313 WALNUT STREET BOILING SPRINGS. PA 17007 GEORGE LANOUE by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 'Az/d 18.00 5.76 .58 10.00 .00 34.34 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/15/2008 MICHAEL HYNUM _ cam- By: Deputy Sheriff of A. D. v Brian K. Zellner, Esquire Hynum Law Atty. ID #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 RENEE SZCZEPANSKI, Plaintiff v LaNOUE HOMES, LLC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-171 CIVIL TERM : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM ANSWER TO NEW MATTER 25. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. 26. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. 27. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. 28. Denied. The Plaintiff avers to the contrary that she attached the copy of the contract that was in her possession. i 29. Denied. The Plaintiff avers to the contrary that she attached the copy of the contract that was in her possession. 30. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. 31. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. 32. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response if required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff demands judgment in her favor and against the Defendant. ANSWER TO COUNTERCLAIM 33. The Plaintiff incorporates her Answer to New Matter as if set forth in full herein. 34. Denied. The averments contained in this paragraph reference a writing which speaks for itself. 35. Admitted in part and denied in part. It is admitted that the Plaintiff agreed to pay the Defendant the sum of $288,000.00. It is denied that the Defendant completed its obligation pursuant to the Agreement. The Plaintiff avers to the contrary that the Defendant did not provide the Plaintiff with a house for which a certificate of occupancy could be issued. 36. Denied. The Plaintiff avers to the contrary that the Defendant did not provide the Plaintiff with a house for which a certificate of occupancy could be issued. 37. Admitted in part and denied in part. It is admitted that the Plaintiff paid $274,400.00. It is denied that the Plaintiff is entitled to the remaining $13,600. 00. The Plaintiff avers to the contrary that the Defendant did not provide the Plaintiff with a house for which a certificate of occupancy could be issued. 38. Denied. The averments contained in this paragraph are Conclusions of Law as to which no response is required. 39. Denied. The Plaintiff avers to the contrary that the Defendant is not entitled to the additional monies because the Defendant did not provide the Plaintiff with a house for which a certificate of occupancy could be issued. WHEREFORE, the Plaintiff demands judgment in her favor and against the Defendant. Brian K. Zellner, Esquire Attorney ID 59262 Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 [717] 774-1357 Attomey for Plaintiff VERIFICATION It rwv,- 'hereby state that I am the authorised representative of the Plaintiff in this acpm and that the statements of fed made in the foregoing Complaint are true and correct to the best of my information and belief. The undersigned urxferstwWs that the statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unswom falsification to authorities Date: nski i " CERTIFICATE OF SERVICE On this 18 day of February, 2008, 1 certify that a copy of the foregoing document upon Counsel for the Defendant, by placing the same in the United States mail, first class, postage prepaid, addressed as follows: David J. Lanza, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Brian K. Zellner, Esquire Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 Attomey for Renee Szczepanski ixl ^ ` ? ' ? ? l r, _ti David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant RENEE SZCZEPANSKI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LaNOUE HOMES, LLC., Defendant : NO. 08-171 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ATTACH EXHIBIT To the Prothonotary: Please attach as Exhibit "A" to Defendant's Answer the complete copy of the Contract attached to this Praecipe. Respectfully submitted, By: David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant 08023-001/129601 CX?Jb?? C. Edwin LaNoue SBA LaNoue Homes 313 Walnut St_ Boiling Springs, Pa. 17007 717-258-0908 Contract submitted to: Date: May 17, 2006 Renee Syczepanski SPECIFICATIONS: Job: Lot # 33 Wellington Dr_ Nottingham Dev. Carlisle, PA. Hereby propose to construct house on Lot# 33 Wellington Dr. Carlisle, Pa. as per plans and discussions according to attached specifications. Any extras will be done on a time and materials basis above and beyond quoted price. We hereby propose to furnish material and labor in accordance with the above referenced specifications for the sum of: Two Hundred Eighty Eight Thousand Dollars ($ 2881,000.00) Payment terms are as follows: Minimum 5 Draw Schedule Authorized Signature Note: This proposal will be considered null and void if not accepted within a 30-day period. CONTINUATION OF PROPOSAL: ALL MATERIAL IS GUARANTEED AS SPECIFIED. ALL WORK WILL BE COMPLETED IN A WORKMANLIKE MANNER ACCORDING TO STANDARD PRACTICES. ANY ALTERATIONS OR DEVIATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS WILL BE CONSIDERED EXTRA WORK AND WILL BE CHARGED OVER AND ABOVE THIS ESTIMATE. OWNER HAS THE RESPONSIBILITY TO CARRY THE NECESSARY AND REQUIRED PROPERTY INSURANCE. THE CONTRACTOR SHALL CARRY GENERAL LIABILITY INSURANCE. AS THE CUSTOMER AND BY EXECUTING THIS DOCUMENT WITH AN AUTHORIZED SIGNATURE, 1 DO HEREBY ENTER INTO A BINDING CONTRACT. DATE CUSTOMER UPON ACCEPTANCE OF THIS PROPOSAL, PLEASE SIGN BOTH COPIES. RETAIN ONE COPY FOR YOUR RECORDS AND RETURN THE OTHER COPY FOR OUR FILES. G_ Edwin LaNoue DBA LaNoue Homes New Home Specifications for: Renee Syczepanski Lot # 33 Wellington Dr. Carlisle, Pa. 17013 Section 1 -- PLANS & PERMITS 1. Provide final construction documents and specifications 2. Obtain building permit, along with water & sewer hook up fees Section 2 -- SITE CLEARING & EXCAVATING 1. Topsoil removed and stockpiled 2. Excavating basement to bottom of footers 3. All frost wall footers to be trenched to proper bearing Section 3 -- FOOTERS & FOUNDATIONS 1. Concrete footers 8" X 20" minimum 2. Basement walls 8' high 8" thick poured concrete with #6 rebar 3. Garage and porch walls 4' high 8'° thick poured concrete 4. Basement walls waterproofed foundation coating 5. Footer drains around basement 4" pipe and crushed stone 6. Radon ventilation pipe in basement floor, 7. 8" crushed stone under basement floor Section 4 -- CONCRETE 1. Concrete basement floor minimum 4" thick 2. Concrete garage floor minimum 4" thick 3. Concrete porch floor minimum 4" thick 4. Concrete walk 3' wide from driveway to front porch minimum n 4 thick 5. 10'X 12' shed slab 4" thick, provided for shed 6. Trowel finish all slab surfaces, broom finish all ext slabs Section 5 -- UNIT MASONRY 1. Stone as per plan on facade of house 2. vinyle Siding on remainder of house. Section 6 -- STRUCTURAL STEEL 1. Steel beams as per plan 2. Adjustable steel columns bolted to beam Section 7 -- ROUGH CARPENTRY 1. Framing lumber SPF #2 or better 2. Floor joists to be 2 X 12 SPF # 2 with engineered LVL beams 3. Sub floor to be 3/4" T/G APA underlayment 4. Exterior wall studs to be 2 x 4 spaced at 16" center 5. Exterior wall sheathing to be 1" high R sheeting 6. Roof trusses 24" on center and rafters 24" on center 7. Roof sheathing to be 7116" OSB Section 8 -- FINISHED CARPENTRY 1. Interior trims to be 2-14" paint grade casing and 3 1/4" paint grade base 2. Interior doors to be 6 panel HC finger jointed split jamb 3. Oak railing, stairs, and ballasters to be stained Section 9 -- CASEWORK 1. Cabinets, vanities and countertops to be chosen by owner within allowance of $ 12,900.00. Section 10 - ROOFING 1. Roof covered with #30 felt paper 2. 30 year fiberglass laminated shingles (architectural style) 3. Cobra ridge vent or equivalent Section 11 -- INSULATION 1. Caulk and foam insulation package 2. R15 fiberglass insulation in main house & garage walls 3. R 38 blown fiberglass insulation in ceiling of main house 4. Soundproof insulation in walls separating 1 st & 2nd floors Section 12 -- GEOTHERMAL & EXTERIOR 1. Main house wrapped with TYPAR (or equal) house wrap 2. Aluminum fascia & spouting 3. Exterior vinyl soffits 4. Vinyl siding-double 4-1/ 2" Dutch Lap Section 13 -- WINDOWS & DOORS 1. Anderson 200 series double hung, tilt windows, with grills between glass and full screens.or equivalent 2. Steel front door and steel patio doors 3. Insulated steel exterior door from garage to laundry area 4. (2) 9'X7' raised panel insulated metal garage doors 5. (2)1/ 2 horsepower garage door openers Section 14 - GYPSUM DRYWALL 1. 1/ 2" drywall on interior house walls, painted one color, flat 2. 5/ 8" fireproof drywall on garage house walls and ceiling of garage Section 15 -- FLOOR COVERING 1. Oak pre-finished flooring throughout the house at $ 3.00/sq ft material cost only 2. Vinyl in bathrooms, master bath and kitchen 3. Oak treads (stain grade) on main staircase w/ oak risers 4. Carpet runner on stairs Section 16 -- PAINTING 1 _ Interior paint to be high quality 2. Interior ceilings and walls to be two coats, one color, latex flat 3. Interior painted wood trims and doors to be two coats, one color, latex semi-gloss finish 4. Exterior trim and steel doors to be two coats, 1 color, exterior latex, semi-gloss Section 17 -- MECHANICAL & -HVAC 1. Gas furnace, high efficiency 2. Central air conditioning sized to house Section 18 -- PLUMBING 1. All copper H2O supply 2. All PVC drainage pipe 3. water saver commodes (white) 4. Bathroom fixtures to be Moens (or equiv) single lever controls in upstairs bathrooms 5. One piece cultured marble vanity tops 6. (3) 5 ft. fiberglass tub and shower units (one in place of whirlpool tub) one fiberglass 4 ft shower unit (no tile) 7. Safety handrail in tub/shower area in master bath 8. 50 gallon gas hot water heater Section 19 -- BATH ACCESSORIES & CLOSET SHELVING 1. Towel rods and toilet paper holders in all bathrooms 2. 1/ 4" thick mirrors above bathroom vanities with light above 3. Ventilated closet shelving, 12" single shelves Section 20 -- ELECTRIC 1. 200 AMP Electrical service 2. Washer and dryer outlets provided 3. 6 telephone jacks 4. 6 TV jacks 5. Smoke detectors to code 6. Dining room and all bedrooms prewired for ceiling fans 7. Recessed light fixtures inn kitchen as per plan 8. Fan/ light combinations in bathrooms (per code) Section 21 -- DRIVEWAY 1. 8" minimum sub base slate/ black top finish Section 22 -- LANDSCAPING 1. Top soil spread 2. Starter lawn seeded, strawed and fertilized Section 23 -- ROCK 1. Any blasting or bursting of rock will be extra and charged on a time and material basis. ALLOWANCES Light fixtures ................................................................................$ 750.00 Floor coverings vinyl (installed) .......................................$ 24.00 per yd. Hardwood flooring ..................................................................$ 3.00 sq ft Kdchen cabinets and tops .............................................$12, 900.00 Appliance allowance ..........................................................$2,200.00 Excavation ...........................................................................$10, 000.00 UPGRADES Builder will provide optional bedroom #4 (any vaulted or raised ceiling will be an additional charge) Builder will frame and insulate were necessary in the unfinished bonus room. Will provide a square balcony not curved balcony. SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) PHONE ADDRESS i 3g 12tP/? FAX 2?r c". cA OR Broker Is NOT. the Agent for Seller and is a/an: BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: ? AGENT FOR BUYER ? TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) ?rrp, 7_gde PHONE ADDRESS / 3r1 W Sr. .s .iG L,7d/? 31FAX d __?HT, jQla9 ?1 BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, If applicable: OR Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE when toe same broker is Agent for Seller and Agent for Buyer, Broker is 'a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller: If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. z 3 4 5 6 7 6 9 to 11 12 13 14 15 Is 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 1, t 4i$ ?1greemnt, dated SELLER/BUILDER: BUYER(S): , is between called "Seller," and called "Buyer." 2. PROPERTY (11-00) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot or piece of ground! with buildings and Improvements to be erected thereon, if any, known as: Name of Subdivision /1/0 V4;_ rrr?J Phase Lot # 3.2 Model Street Address "// lae . in the 17741w111, of County of In the Commonwealth of Pennsylvania, Zip Code Identification (e.g., Tax ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date) -O y 71 3. PURCHASE PRICE (1-02) (A) Total Purchase Price / t..10 ??.•? ¢-??,??,r? U.S. Dollars which will be paid to Seller by Buyer as follows: (B) Base Price $ (C) Lot Premium, if any $ (D) Total Options/Extras/Alterations (see attached addendum) $ TOTAL PURCHASE PRICE S Z 4. PAYMENT TERMS (1-02) (A) Cash or check at signing this Agreement: $ (B) Cash or check within day s of the execution of this Agreement: $ , (C) Non-refundable pre-paid opdons/extras/alterations paid to Seller on or before $ (D) $ (E) Cash, cashier's or certified check at time of settlement; $ azn TOTAL PURCHASE PRICE $ (F) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: (G) Seller's written approval to be on or before: (H) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (I) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated .here: (,n At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- pal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 5. SCHEDULE OF CONSTRUCTION (11-00) / (A) Commencement Date: Seller estimates that Seller will commence construction on or about (? /r/j : Seller reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance with Paragraph 6, (B) Completion Date: Seller estimates completion of construction on or about 1Z??/// (rr Buyer hereby acknowledges that the above estimated time of completion on the part of Seller is made as an accommodation to Buyer to assist Buyer in formulating future plans. However, if commencement, completion, and/or settlement are delayed due to inclement weather, strikes, delays in issuance of permits, unavailabilty of labor or materials, or any other reason beyond Seller's control, such times and settlement hereunder will be automatically extended accordingly, and time is not deemed to be of the essence. (C) Settlement; Settlement hereunder will be field on a date which is within 10 days (unless otherwise specified here_ ) after Seller supplies Buyer with a written notice of settlement. However, at the time of settlement, the house and premises will have been substantially completed. If the municipality or governmental authority requires a Use & Occupancy. permit, Seller will provide one at settlement. 58 Buyer Initials: Pomsylvanis Associ4Mon of REALTORS' A/S-NC Page 1 of 6 Seller Initials: COPYRIGHT PENNSYLVANIAASSOC[ATION OF REALTORSO 2004 7/04 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 3$ 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 63 64 1 s: 65 y 66 ). 67 99 100 101 102 103 104 tos 106 107 108 109 Ito 111 112 113 114 115 116 117 ' 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 36 37 18 X ELECTED (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 1. Amountof mortgage loan $ 2. Minimum Term 3 0 years f 3. Type of mortgage 1, lee- S41 ? ,,/ 4. Interest rate 0"',7C' %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of 0 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed not. to exceed % (0%o if not specified) of the mortgage loan. The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an interest rate at or below the Maximum Interest Rate specifiedberein with the percentage fees at or below the amount specified herein. Buyer gives Seller the right, at Seller's sole option.,and as permitted,by,the mortgage lender and applicable laws, to contribute financially, without promise of reimbursement, to the Buyer and/or lender to make the above terms available to Buyer.. (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms speci- fied above to a responsible mortgage lender, The Broker, for. Bayer, if any, otherwise the. Broker for. Seller, is authorized to communicate with the mortgage lender for the purposes of as is tin . a the mortgage loan process. (C) 1. Mortgage commitment date a If a written commitment is not received by.Seller by the above date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 3. Seller has the option to terminate this•Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment: a. Is not valid until the date of settlement, OR b. Is conditioned upon the sale and settlement of any other property, OR c. Contains any other condition not specified in this Agreement. 4; In the event Seller does, not terminate this Agreement- as provided above, Buyer has the option to terminate this Agreement in writing if the mortgage commitment: a. Is not obtained by or valid until the date of settlement, OR b. Is conditioned uponlthe sale and settlemedt'of any other property which do not occur by the date of settlement, OR c. Contains any other condition not specified in this''Agreement• which Buyer is unable to satisfy by the date of settlement. 5. If this Agreement is terminated as specified in paragraphs 6 (C) '(2), (3)'or (4), all deposit monies paid on account of purchase price will be returned to Buyer. Bu}`1 f'i" will be responsible: 11oi.any premiums for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or can- cellation fee, if any;'ANDJOR'any appraisal fees and charges paid in advance'to mortgage lender. (D) Seller will not be responsible to Buyer or Buyer's mortgage4crider to escrow any funds for any reason; In the event Buyer's mortgage lender requires an escrow of funds' as a condition to complete settlement, then Buyer agrees to provide such escrow funds and complete settlement hereunder as specified in this Agreement. This paragraph will survive settlement, (E) Seller Assist la-rvOT APPLICABLE 17 APPLICABLE. Seller will pay: O $ maximum, toward Buyer's costs as permitted by'the mortgage lender. FHA/VA, IF APPLICABLE (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in, accor- dance with HUD/FHA or VA requirements, a written statement,by,the, Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not_less than $ (the dollar amount to be insert- ed is the sales price as stated in the Agreement), Buyer will have the privilege and option of proceeding with consummation of the contract with- out regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine, the, maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy him- self/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, U.S.C„ Department of Housing and Urban Development and Federal Housing Administration Transactions, provides, "Whoever for the purpose of... influencing in anyway the action of such Department, makes, passes, utters, ur pub- lishes any statement, knowing`the same to be false. , shall'be fined under this title or imprisoned not more than two years, or both." (G) U.S. Department of Housing and Urban Development' (HUD) NOTICE TO PURCHASERS Buyer's Acknowledgement 13 Buyer has received the HUD Notice "For.Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition Inspections), Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer understands that.FHA will not perform'a home inspection nor guarantee the price' or condition of the Property, Buyer's Initials - Date (H) Certification We the undersigned; Seller(s); and Buyer(s). party' to this transaction each certify that the terms of this contract for purchase are true to the best of our'knowledge and belief, and'that any-other agreement entered into by any of these parties in connection with this transac- tion is attached to this Agreement. 7. INSPECTIONS (1-02) (A). Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in the terms of this Agreement. Buyer has the right to attend all inspections. (B) Pre-settlement-Inspection 1. Buyer reserves the right to make a pre-settlement` walk-through inspection of the Property when the Property'is substantially complete. Seller will notify Buyer prior to settlementW the date'and'time of Buyer's pre=settlement walk-through inspection of the Property, 2. At the pre-settlement inspection, Buyer and'Seller will'complete'and sign a list of items (punch list) to be completed, modified; or replaced within thirty (30) days after settlement. Items that cannot be completed, modified, or replaced within 30 days of settlement due to events beyond Seller's reasonable control will be completed by Seller as soon as is reasonably possible, not to exceed one year or days after settlement. This paragraph will survive settlement:' 3. Buyer's failure to inspect the Property on the date of the scheduled pre-settlement inspection or Buyer's failure to complete and sign the pre-settlement inspection form constitutes a waiver of Buyer's right to inspect the Property, and Buyer will accept the Property at settle- ment in its then present condition without obligation of modification or replacement. 4. Buyer's right to make this inspection is not waived by any other provision of this Agreement. 5. Seller will have heating and all utilities (including fuel(s)) on for, the pre-settlement walk-through inspection. Buyer Initials: v /l A/5-NC Page 2 of 6 Seller Initials: t E s e e 8 8 8 9; 9 9; 91 s? 9E se 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 11s 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 w X141' 142 1431 144 145 148 Buyer agrees to reimburse Seller for the cost of the inspection. If active infestation(s) exists, Seller agrees; at Seller's expense and before settlement, to Treat for active infestation(s); in accordance with applicable laws. 9. RADON CONTINGENCY (11-00) ? Seller will not install, preparatory work for a radon. mitigation system. (See Radon Notice), . Seller will install preparatory work for a radon mitigation system. (See Radon Notice) 141 142 143 144 145 14T 146 146 10. STATUS OF WATER (11-00) 147 149 Seller represents that at time of settlement. this property will be served:py: 148 150 Public Water - Name of Service Provider 149 151 ? On-site Well Water, which meets applicable governmental standa;ds 150 152 , ? Community Water 151 153 152 ? 154 11. STATUS OF SEWER (11-00) 153 155 Seller represents that property is served by: .. 154 156 Public Sewer - Name of Service Provider 155 157 ? Individual On-lot Sewage Disposal System (See Sewage Notice 1) 156 156 ? Community Sewage Disposal System 157 156 159 ? Holding Tank (See Sewage Notice 3) 159 160 161 12. NOTICES, ASSESSMENTS & GOVERNMENT,REQUIREMENTS, (11-00) 160 161 162 (A) Seller represents as of Seller's execution of this Agreement, that no public,improvement, condominium or homeowner association assessments 162 163 have been made against the Property which remain unpaid and that no notice by any government or public authority, has been served upon Seller 163 164 or anyone on the Seller's behalf, including, notices relating to violations of zoning, housing, building, safety or, fire ordinances which remain. 164 165 uncorrected, and that Seller knows of no condition that would, constitute violation of any such ordinances which remains uncorrected, unless 165 166 otherwise specified here: 166 16T 167 tee (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 168 169 169 (C) Seller will be responsible for.anyrlolice of improvements,or'assessments received on or before the date of sett lement. 170 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 171 (E) All necessary permits will'be obtained and paid forby'Seller prior to settlement. 172 (F) Seller will comply with all restrictions'and requirements imposed by any governmental authorities: 173 13. TITLE, SURVEYS; & COSTS (11.00) 174 (A) ' The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed 175 restrictions, historic preservation restrictions or ordinances, building restrictions, ,ordinances, easements of roads, easements visible upon the 176 ground; easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will 177 be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. 178 (B) In the event Seller is-unable to give a good'and marketable title and''such as will be insured by a reputable Title Company at the regular rates, 179 as specified in paragraph 13(A), Buyer will have the option of taking such' title as'Seller can give without changing the price or of being repaid 180 all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items 161 specified in paragraph 13(C) and in paragraph 13(D) items (1), (2), (3); and in: the latter event there will be no further liability or obligation on 182 either of the parties hereto and this Agreementwill become VOID. 183 (C) Any survey or surveys which may be required by the Title Insurance'Cornpany or the abstracting attorney, for the preparation of an adequate 184 legal description of the Property (or the correction thereof), will be secured and paid for by Seller. 185 (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; 166 (2) The premiums for flood insurance and/or five insurance with extended coverage, insurance binder charges or cancellation fee, if any; 187 (3) Appraisal fees and charges paid in advance to mortgage lender; if any; (4) Buyer's customary settlement costs and accruals; (5) Initiation fee 186 or capital funding fee, ifany:'$ 189 (E)'= Buyer has reviewed the final subdivision plan and'is familiar with the grading plans, showing`the'location and contour of the lot being pur- 190 chased, storm drainage plans including piping and easements, alluvial soils, conservation easements, wetlands, or 100 year flood plain condi- 191 tions on or surrounding Buyer's lot. 192 14: ZONING CLASSIFICATION (11.00) 193 Failure of this Agreement to'contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is zoned 194 solely or primarily to permit' single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided; any deposits ten. 195 dered'by the Buyer will be returned to the/B}. er wi ut any requirement for court action. 196 Zoning Classifleadon: ? l?y?.?5?/.0?? _ ts7 15. LANDSCAPING & DRIVEWAY (I1-00) 196 (A) Seller will attempt to preserve as many of the existing"trees or shrubs as reasonably, possible"during the construction of the improvements and 199 house on the premises. It is expressly agreed that Seller"does•no`t guarantee or warrant the survival of any trees or shrubskxisting on the premises 200 prior to construction. Any existing'trees or shrubs that may die after settlementare the'sole responsibilityof Buyer. Seller will be responsible to 201 grade and seed the disturbed areas only. Any soWwashouts from rain or"nieldn* g Snow 6r burnouts due to droughts after settlement are the sole 202 responsibility of Buyer, As to the quality or quantity of the growth of grass, it will be Buyer's responsibility to water; fertilize'a`nd reseed as nec- 203 essary after settlement. 204 (B) Buyer acknowledges that, 'due to adverse weather conditions and other events beyond Seller's'reasonable control, items including the driveway 2o5 surface,'grading and seeding; exterior p'amting'or'starning, and exterior concrete surfaces may not' be completed at time of settlement. Unless 206 otherwise agreed, no portion ofthe purchase price oroption payments will be'placed'in an escrow account or "withheld from Seller at settlement 207 'to compensate for ncompleteitems:'Se11er wiil't6rrio It s' the ttemwlthiii a're"onable`time'aga1 settlement as weather conditions permit, Zoe (C) This paragraph will survive settlement, f 209 16. SUBSTITUTIONS (11-00) 210 BUYER AND SELLER ACKNOWLEDGE THAT THE BUILDINGS AND IMPROVEMENTS ON THE PREMISES WILL BE SUB- 211 STANTIALLY SIMILAR TO THE ESTABLISHED BUILDING SPECIFICATIONS. BUYER ALSO ACKNOWLEDGES THAT SELLER 212 HAS THE RIGHT TO MAKE SUBSTITUTIONS OF MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER 213 QUALITY AT SELLER'S SOLE DISCRETION, AND THAT ACTUAL MATERIALS AND PRODUCTS MAY VARY FROM SAMPLE 214 MATERIALS AND ODUCTS. 215 Buyer Initials: A/S-NC Page 3 of 6 Seller Initials: ?? 216 . 11 .:)THIS DOCUMENTMAY NOT SELL, CONVEY,'! KANSI'EK; INCLUDE OK INSUKr: Itit IIILL tU ltih t UALANU IUUMIJ Ur JUr- PORT U 216 219 1. NDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH 219 220° COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION DAMAGE MAY 220 221 , RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND (This notic 221 222 . e is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may, not be obtaining the right 222 223 of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to 223 224 mine subsidence by a private contract with the owners of the economic: interests in the, coal. This acknowledgement is made for the purpose of corn- 224 225 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to 225 226 sign the.deed from Seller which deed will contain the aforesaid provision. 226 227 18. POSSESSION (11-00) Possession is to be delivered by deed, keys and physical possession to a clean building. The lot and building(s) will be free 227 228 of debris at day and time of settlement. 228 229 19. RECORDING (3-85), This Agreement, will not be recordedin the Office for the Recording of Deeds or in any other office or place of public record 229 230 and if Buyer causes or permits this Agreement to be recorded,,?eller,may.elect to treat such act as a breach of this Agreement. 230 231 20. ASSIGNMENT (3-85) This Agreement will be binding upon: the parties, their respective heirs, personal representatives, guardians and successors. 231 232 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 232 233 Agreement without the written consent of Seller. 233 234 21. DEPOSIT & RECOVERY FUND (1-00) 234 235 (A) Deposits paid by Buyer within 30 days of settlement will be by cash; cashier's or certified check. Deposits, regardless of the form of payment 235 236 and the person designated as payee, will be paid to individual identified in paragraph 4(F); who will retain them in an escrow account until con- 236 237` summation, or termination of this'Agreement in conformity with all applicable laws and regulations. Any uncashed'check tendered as deposit 237 238 may be held pending the acceptance of this offer. 238 239 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 239 240 Real Estate Commission (49 Pa: Code §35.327) to retain the monies in escrow until the dispute' is resolved. In the event of litigation for the 240 241 return of deposit monies, a broker will distribute the monies as directed' by a final order of court or the written Agreement of the parties. Buyer 241 242 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and 242 243 costs of the broker(s) and licensee(s) will be paid by the party joining them. 243 244 (C) A Real Estate Recovery'Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licens- 244 245 ee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all 245 246 legal and equitable remedies. For complete details about the Fund; call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783- 246 247 248 22. 4854 (outside Pennsylvania). CONDOMINIUM/PLANNED COI&UNITY (HOMEOWNER ASSOCIATION) PUBLIC OFFERING STATEMENT (1-00) 247 248 249 fiZ- NOT APPLICABLE 249 250 ? APPLICABLE: CONDOMINIUM 250 251 (A) Buyer acknowledges that the Property is a unit of a condominium as defined by the Uniform Condominium Act. Seller is a declarant of 251 252 the condominium and is required to provide Buyer with a public offering statement. (See Condominium/Uniform Planned' Community 252 253 Notice for definitions of declarant, public offering statement, and condominium.) 253 254 (B) The delivery of the public offering statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel 254 255 this Agreement within fifteen (15) days after receiving the public offering statement and within fifteen (15) days of receipt of any amend- 255 258 ment to the Statement that materially and adversely affects Buyer. 2` 257 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 25i 258 (A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. Seller is a 256 259 declarant of the planned community and is required to provide Buyer with a public offering statement. (See Condominium/Uniform 259 260 Planned Community Notice for definitions of declarant, public offering statement, and planned community.) 260 261 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Buyer executes 261 262 this Agreement. Buyer may cancel this Agreement within seven (7) days after receiving the public offering statement and within seven (7) 262 263 days after receiving any amendment to the contract that would materially and adversely affect Buyer. 263 264 23. MAINTENANCE & RISK OF LOSS (11-00) Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of dam- 264 265 age by fire or other casualties to any property included in the sale that is not repaired or replaced prior to settlement, Buyer will have the option of 265 265 rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of extending settlement until such time as Seller 266 257 can deliver the property in completed condition. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the 267 268 time of execution of this Agreement. 266 269 24. RELEASE (11-00) Buyer and Seller hereby release, quit claim and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 269 270 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through 270 271 them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the conse- 271 272 quences thereof. This release will survive settlement. 272 273 25. REPRESENTATIONS (11-00) 273 274 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures, plans, building specifications, or warranties 274 275 trade by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated 275 276 in this Agreement. 276 277 (B) Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an assessment of the plan, drawings, specifi- 277 278 cations, or such documents as have bearing on the nature and quality of the structures to be built by Seller. Furthermore, Brokers, their licensees, 278 279 employees, officers, and partners make no representation with respect to permits or such other evidence of government approval for the 279 280 construction of the structures to be built by Seller, of the environmental conditions, the permitted uses, the financial condition of Seller, or the 280 261 conditions existing in the locale where the property is situated; nor have they made an inspection of the components, appliances, systems, or 281 282 consumer products to be installed in or about the Property, 262 263 (C) It is further understood that this Agreement contains the whole Agreement between Seller and Buyer and there are no other terms, obligations, 283 284 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement 284 285 will not be altered, amended, changed, or modified except in writing executed by the parties. 285 286 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 286 287 Buyer Initials; A/S-NC Page 4 of 6 SeUer Initials: (?/, 287 (A) Assignment of Manufacturer's Warranties: Seller hereby assigns to Buyer the manufacturer's warranties on all appliances, equipment, and 289 other consumer products to be installed in or on the Property. Copies of these warranties will be delivered to Buyer. Seller makes no warranties, 290 representations, or guarantees, with respect to the appliances, equipment and consumer products and all such warranties, representations, and 291 guarantees are hereby disclaimed. The sole remedy,of Buyer as to any such items will be to make such claims as are appropriate under the man- 292 ufacturer's warranties. 293 (B) Limited Warranty: Except as set forth in any limited warranty that may be provided herewith, SELLER MAKES NO OTHER REPRE- 294 SENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS, OR, IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE 205 . ,, OF WORKMANLIKE. CONSTRUCTION, HABITABILITY, DESIGN CONDITION QUALITY OR OTHERWISE AS TO THE 296 , , PROPERTY AND THE RESIDENCE ANA: OTHER IMPROVEMENTS, CONSTRUCTED THEREON, AND SELLER HEREBY 297 EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES. Buyer hereby acknowledges and accepts such dis- 298 claimer and agrees to waive any and all rights Buyer, may have by virtue of such representations and warranties. Except for the warranties pro- 299 vided by Seller, Buyer assumes the risk of any and all damage from the date of settlement, occurring in or appearing on the Property regardless 300 of the cause thereof, Buyer's assumption of this risk. is partially in consideration of the amount of the purchase price of the Property which is 301 lower than it would be if Seller was to be held responsible for any such risks by virtue of said expressed or implied representations or warranties, 302 27. DATES/TIME IS OF THE ESSENCE (1-02) 303 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are 304 agreed to be of the essence of this Agreement and are binding.. 305 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was 306 executed and including the last day of the time period. 307 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 308 the parties. 309 (D) Certain time periods are pre-printed in this Agreement.as a, convenience to the Buyer and Seller. Any pre-printed time periods are negotiable 310 and may be changed by striking out the pre-printed text,and inserting, a different time period acceptable to all parties. 311 28. DEFAULT (1-02) 312 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer; 313 1. Fail to make any additional payments as specified in paragraph 4; OR 314 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, or 315 fail to cooperate in the processing of the mortgage loan.application, which acts would-result in the failure to obtain the approval of a mort- 316 gage loan commitment; OR 317 3. Violate or fail to fulfill and p6oorm.any other terms or conditions. of this Agreement.. 318 (B) Unless otherwise checked in paragraph 28 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 319 following manners; 320 1. On account of purchase price; OR 321 2. As monies to be applied to Seller's damages; OR 322 1. As liquidated damages for such breach. 323 (C) AWC Seller is limited to retaining sums paid by Buyer, including deposit,monies, as, liquidated damages. 324 (D) If Seller retains all sums paid by Buyer, including deposit monies, as- liquidated damages pursuant to paragraph 28 (B) or (C), Buyer and Seller 325 will be released from further liability or obligation and this Agreement will be VOID. 326 29. MEDIATION (7-96) 327 ? NOT AVAILABLE 328 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 329 gation on the part of any party to do so. 330 ? ELECTED 331 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with 'tho Rules 332 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 333 signed by the parties will be binding. 334 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers 335 Dispute Resolution System, (See Mediation Notice,) 336 (C) This agreement to mediate disputes ansing from this Agreempnt,wil?, survive settlement.. 337 11 338 Buyer Initials: ?*, ?? A/S-NC Page 5 of 6 Seller Initials: 338 M 342 343 344 345 346 31. SPECIAL CLAUSES (11-00) 347 (A) X Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 348 (B) 1.Buyer and Seller have received a statement of their respective estimated closing costs before signing this Agreement. (C) ? Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before sign- 350 ing this Agreement. 351 (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Note: The Seller's 352 Property Disclosure Law does not require a disclosure form when: 353 1. A one-year written warranty covering the construction will be provided; 354 2. The building will be inspected for compliance with the applicable building code or, if none, a nationally recognized model building code; 355 AND 356 3. A certificate of occupancy or a certificate of code compliance will be issued for the dwelling. 357 (E) The following are part of this Agreement if checked: 358 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 3$9 Contingency Addendum (PAR Form SSP) ? 360 ? Sale & Settlement of Other Property Contingency ? 361 with Right to Continue Marketing Addendum ? 362 (PAR Form SSP-CM) 363 (F) The following exhibits are made part of this Agreement if checked: 364 .Plot Plan of Lot ? Options/Extras/Alterations 365 Mouse Plan/Floor Plan/Eievation ? New Construction Warranty 366 ? Floor Plan Reversed ? Restrictive Covenants/Deed Restrictions 367 ? Other p 368 OBuilding Specifications A4 AisliQto f ? 369 ? Standard Features ? 370 Buyer and Seller acknowledge that they h4 read and understand the notices and explanatory information set forth in this Agreement. Buyer acknowledges receiving a copy of this Agreement at the time of'signing: NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement, Parties to this transaction are advised to consult an attorney before signing if,they desire legal advice. BUYER'S MAILING ADDRESS: I2 ''gC G /,T, e w,j 7dj f'r BUYER'S CONTACT NUMBER(S): WITNESS WITNESS J4u 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 360 WITNESS BUYER- - DATE 380 381 Seller hereby approves the above contract this (date) 381 382 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of 382 383 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided 383 384 Seller, , Broker for Seller, but in no event will.,the. sum paid to the Broker for Seller be in excess of the above specified Broker's 364 386 fee. 385 386 387 388 $89 190 SELLER'S MAILING ADDRESS: ?/ <e/,?'?..•v- J"i ?oi i_fot/ s SELLER'S CONTACT WITNESS WITNESS SELLER A - DATE 386 387 388 389 390 91 WITNESS SELLER DATE 391 i2 Brokers'/Licensees' Certifications (check all that are applicable): 13 ? Regarding FHA Mortgages: The undersigned. Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 14 ' the terms of this contract for purchase are true to the best of, then knowledge and belief,,and that any other agreement entered into by any of 15 these parties in connection with this transaction is attached to this Agreement. 6 ? Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agrees to submit to mediation in accordance with paragraph 29 of this Agreement. Broker for Seiler (Company Name) q? C ACCEPTED BY DATE ^/G C:l! Broker for Buyer (( ACCEPTED BY 392 393 394 395 396 397 398 399 400 401 A/S-NC Page 6 of 6 402 BUYER DATE CERTIFICATE OF SERVICE AND NOW, thi ?? day of February 2008 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower level New Cumberland, PA 17070 By: CALDWELL & KEARNS _ ?_? ?y ?? „-r a ?,' J (", 1 C:F.J ', '. 1 ,. ?:1 ?1 -rt .__.y .- -T1 :;?•,1 -rte t`C i1 10 David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant RENEE SZCZEPANSKI, Plaintiff V. LaNOUE HOMES, LLC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-171 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. A copy of this notice of intent, including the proposed subpoena, is attached to this certificate, No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ?o David J. Lanza Attorney for Defendant 08023-0011134858 David J. Lanza Attorney I.D. No. 55782 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Defendant RENEE SZCZEPANSKI, Plaintiff V. LaNOUE HOMES, LLC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-171 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT- TO RULE 4009.21 TO: Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 Defendant intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to this subpoena. If no objection is made, the subpoena may be served. 15 Dated: Respectfully submitted, CALDWELL & KEARNS By: 'z& A David J. Lanza Attorney I.D. #55782 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants 08023-001/133868 RENEE SZCZEPANSKI, Plaintiff V. LaNOUE HOMES, LLC., Defendant NO. 08-171 CIVIL TERM CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commerce Bank, N.A., Carlisle Commons, 20 Noble Boulevard Carlisle PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents relating to the real estate situated at Lot #33 Wellington Drive Carlisle Pennsylvania 17013, including the construction of any structures on the aforesaid premises an y documents revealing the existence or disposition of any proceeds related to construction at this address, any document related to Renee Szczepanski or LaNoue Homes LLC including construction documents or loan documents or related agreements and any documents related to any inspection or appraisals of the premises at the aforesaid address at an time at Caldwell & Kearns, 3631 North Front Street Harrisburg PA 17110-1533 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the. certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. NAME: David J. Lanza, Esquire ADDRESS: Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 TELEPHONE: (717) 232-7661 SUPREME COURT ID# 55782 ATTORNEY FOR: Defendant, LaNoue Homes, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BY THE COURT: Prothonotary, Civil Division Date: Deputy Seal of the Court 08023-001/133872 CERTIFICATE OF SERVICE AND NOW, this day of June, 2008, I hereby certify that I have served a copy of the within documents on the following by depositing a true and correct copy of the same via U.S. first class mail delivery service at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 CALDWELL & KEARNS By: ?4L '?) ? E ? ?} ? ? ': i=. ' ? . -i • -- _ C,w3 a -Y"5 -- ?L_:r J _? ?',t ??.J ? , ?. -.u .?Y ??? ? / ?^! AP David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant RENEE SZCZEPANSKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LaNOUE HOMES, LLC., Defendant NO. 08-171 CIVIL TERM CIVIL ACTION - LAW NOTICE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Defendant, LaNoue Homes, LLC, with regard to the above-captioned matter. Respectfully submitted, Dated: By: David J. Lanza Attorney I.D. #55782 2132 Market Street Camp Hill, PA 17011 (717) 730-3775 Attorney for Defendant 08023-001/140828 V CERTIFICATE OF SERVICE AND NOW, this l, day of November, 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same via U.S. first class mail delivery service at Harrisburg, Pennsylvania, postage prepaid, addressed to: Brian K. Zellner, Esquire Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 CALDWELL & KEARNS By: _/?A ?-? r, .,? ..,., .. a, _ _n ? ry{ . ?...3 C ? „'? Y. ? ?? ...+ " e 5 teeu,s?? fk U:-k,{F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA L N Nove ?tv?1e3, LLC, NO. 0 8 ' i 1 , Uv,1 20 C)$ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: DAVID Lq rrA , counsel for the plainti efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S 111 ?1 I • hb The counterclaim of the defendant in the action is l 3 U? fib b The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: BFi A^ -Ze+1A.r WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sub 'tt ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY 9 1) 7-1 „} Ct cte c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Renee Szczepanski Plaintiff V. La Noue Homes, LLC NO. 08-171 20. Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian K. Zellner , counsel for the plamtiffldefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 21 , 5 9 8.0 0 The counterclaim of the defendant in the action is $1 3 , 6 0 0.0 0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brian K. Zellner, Esq. and David J. Lana, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, netition. Esa.. and , 200___, in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY m . Uzi A C «? ..? Err ?S k V, L N N o v e l? bw• es, L C/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 111 , UVI A 20 v$ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: D Av I d L A W-M , counsel for the plainti bfendant in the above action (or actions), respectfully represents that: I . The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ Z IL_-Y The counterclaim of the defendant in the action is J %6 o b b The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: 8/- 1 u„ Zal14Cr WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sub * ORDER OF COURT AND NOW, petition, ." Esq., and captioned A ion (or. as prayed for. ' IPrs Maji ZA' 1 Yid ? Qr, E- 200 9 , in consideration of the for oing Esq., and Esq., are appointed arbitrators in the above By Court,Ml?? EDGAR B AYLEY W Zelm Brio a114 R Q Q ` + . -3111 ? ''-= try q '- RENEE SZCZEPANSKI, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LaNOUE HOMES, LLC., DEFENDANT 08-0171 CIVIL TERM ORDER OF COURT AND NOW, this 0 day of February, 2009, the appointment of William A. Duncan, Esquire, as the chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. Harold S. Irwin, III, Esquire, is appointed in his place. Harold S. Irwin, III, Esquire Court Administrator :sal eo pY r i at Lck ?1 [glaq By the °= ? - ?Sf, ? ?€ ' ?_t_ .? .. -,1 _ < < : - r-.. _ . ?? .? --} L V ±_ ? L,.? C`?3 1CG flee- Sh e xejaza Plaintiff G4 / ?/OuG ?d?we?? l !? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. C9_--912/_ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with delhi ?ignature Si t e Signature z l,G??i.? C/1w C Law Firm r4 S Address city, zip , Jmt-?z L vS (-rG d(e L SOUNtl( Name Name / Gu /Y?ij?i l(JDIU t u ans Law Firm Law Firm to F ? k V Address Ca4l<sc? r ?301 3 City, zip z Uye?+ ?h S Address cult el6 VK- yW1,5 city, zip -.2f IM6 © l Awirr? . ? /00.2;Z-, We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) !/o, lJoo. as - . Arbitrator, dissents. (Insert name if Date of Hearing: 5/2,7 A ,y Date of Award: 7 Notice of Entry of Award Now, the day of Mzj 20?_, at fie: c?A,.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ?j S?n .,nh By: othonotary Deputy Name (Chairman) FILED (.,9 ?1,t3S;i t._ b? ?l9 All 10: Sirll i''?? 0 20P' ;.I"4. lac, r =tyk David J. Lanza I.D. No. 55782 2132 Market Street Attorney for Plaintiff Camp Hill, Pennsylvania 17011 (717) 730-3775 RENEE SZCZEPANSKI, Plaintiff V. LaNOUE HOMES, LLC, Defendant PRAECIPE FOR JUDGMENT To the Prothonotary: NO. 08-171 CIVIL ACTION - LAW Please enter judgment in favor of Defendant in the amount of $10,000.00 based on the Award of arbitrators of May 27, 2009. Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA By: David J. Lanza Attorney I.D. No. 55782 2132 Market Street Camp Hill, PA 17011 Telephone (717) 730-3775 Attorney for Defendant 243-1 OF Tu -2 Alli i l CUB gmoo -P cL A4-? 0- 131 .2 go Ik4t te- .y.?,t SEC