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HomeMy WebLinkAbout08-3687 CHARTER HOMES AT THE PRESERVE, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : V. Civil Action No. Q$ - 3(0 $ 7 lei v? I 1erM DAVID W. IVEY and CAROL L. IVEY Defendants : ACTION TO QUIET TITLE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 MCNEES WALLACE & NURICK LLC By I. Kimberl M. Colonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Tel. 717-237-5278 Dated: June 20, 2008 2 CHARTER HOMES AT THE PRESERVE, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Civil Action No. ),F- 307 C,? 7' DAVID W. IVEY and CAROL L. IVEY : ACTION TO QUIET TITLE Defendants COMPLAINT Plaintiff Charter Homes at the Preserve, Inc. for its complaint in this action to quiet title states as follows: The Parties 1. Plaintiff Charter Homes at The Preserve, Inc. ("Charter Homes") is a Pennsylvania corporation with offices at 114 Foxshire Drive, Lancaster, PA 17601. 2. Charter Homes is the developer of "The Preserve," a housing development located in Hampden Township, Cumberland County, Pennsylvania. The Subdivision Plan for The Preserve is recorded at Cumberland County Plan Book 90 at page 101. 3. Defendants David W. Ivey and Carol L. Ivey (the "Iveys") are adult individuals who reside at 6120 Log Cabin Trail, Enola, PA 17025. The Iveys' residence is located on Lot 88 of The Preserve. 4. The Iveys' purchased Lot 88 and their residence from Charter Homes in December 2006. The Disputed Premises 5. Charter Homes brings this action pursuant to Pa. R. Civ. P. 1061(b), providing in part that, where a dispute regarding ownership of real property exists, an action to quiet title may be brought "to compel an adverse party to commence an action in ejectment." 6. The premises that are the subject of this quiet title action (hereinafter the "Disputed Premises") are two strips of land adjacent to Lot 88 of The Preserve and are shown as the highlighted area on the subdivision map that is attached hereto as Exhibit A. 7. One part of the Disputed Premises consists of the westerly portion of Lot 87 of The Preserve. The other part of the Disputed Premises consists of the portion of Open Space Area E of The Preserve that is adjacent to Lot 88 to the north. Both areas of the Disputed Premises are highlighted in yellow on Ex. A. Action for Ouiet Title 8. On or about December 29, 2006, the Iveys purchased a home located on Lot 88 of The Preserve, which has a street address of 6120 Log Cabin Trail, Enola, PA. 9. In early 2008, as Charter Homes started construction on Lot 87 of The Preserve, it discovered that the Iveys had expanded the driveway to their home and installed a yard and landscaping materials in areas that were outside of the boundaries of their property, Lot 88. 10. Portions of the driveway expansion and the yard and landscaping materials encroached upon Lot 87 and Open Area E of The Preserve, in the areas that constitute the Disputed Premises in this matter. 2 11. Charter Homes directed the Iveys to remove the improvements that encroached upon the Disputed Premises because the Disputed Premises are part of Lot 87 and Open Space E, not part of the Iveys' property (Lot 88). 12. Initially, the Iveys refused to remove the improvements from the Disputed Premises. Instead, the Iveys posted signage, rope, and tape around the Disputed Premises. A photograph showing the signage, rope, and tape posted by the Iveys is attached hereto as Exhibit B. 13. At various times in or around April 2008, the Iveys asserted that Lot 88 included the Disputed Premises. 14. By letter dated April 9, 2008, the Iveys, through their counsel, asserted to Hampden Township officials that they disputed the location of the boundary line between Lot 88 (which the Iveys own) and Lot 87. A true and correct copy of the April 9, 2008 letter is attached hereto as Exhibit C. 15. In or around April 2008, the Iveys obtained a survey of their property, Lot 88. 16. The survey confirmed that the Disputed Premises are not part of Lot 88, the property owned by the Iveys. 17. Despite the fact that their surveyor confirmed that the Disputed Premises were not part of the Iveys' property, the Iveys have refused to acknowledge the actual location of the boundary lines of Lot 88. 18. By letter dated May 21, 2008, the Iveys' counsel agreed to remove the Iveys' materials that encroached upon the Disputed Premises by no later than Friday, June 20, 2008, but they refused to acknowledge the actual location of the boundary lines of Lot 88. The letter also 3 purported to reserve the Iveys' right to assert claims with regard to the location of the Lot 88 boundary lines. A true and correct copy of the May 21, 2008 letter is attached hereto as Exhibit D. 19. Despite further demand from Charter Homes, the Iveys have refused to acknowledge the location of the boundary lines of Lot 88 and have refused to acknowledge that they have no right to the Disputed Premises. 20. The Iveys have no rights to the Disputed Premises under any legal theory. 21. The Iveys were not in actual, adverse, continuous, visible, open, notorious, distinct, exclusive and hostile possession of the Disputed Premises for a period of time in excess of twenty-one years. 22. Charter Homes is in possession of the Disputed Premises because the Disputed Premises forms the side yard and setback area of Lot 87 and the Open Space Area E of The Preserve. In connection with construction activity on Lot 87, Charter Homes has installed a silt fence in the area of the Disputed Premises. A photograph showing the silt fence installed by Charter Homes is attached hereto as Exhibit E. 23. The home that Charter Homes is presently constructing on Lot 87 is subject to an Agreement of Sale with a third-party purchaser, and the sale is expected to close in August 2008. 24. The Iveys' claim to some right, title, or interest in the Disputed Premises creates a cloud on the title of Lot 87 and Open Space Area E that are owned by Charter Homes. 25. The cloud on the title of Lot 87 will delay or inhibit the sale of Lot 87 to the third- party purchaser that is scheduled to close in August 2008. 4 26. Charter Homes brings this quiet title action to compel the Iveys to set forth the nature of their right, title, or interest in the Disputed Premises by filing an action in ejectment against Charter Homes, or else to be forever barred from making any claim to any right, title, or interest in the Disputed Premises. WHEREFORE, Charter Homes requests that this Court order Defendants, their heirs, devisees, administrators, executors, successors and assigns, and any person or persons having or claiming any right, title, estate, lien or interest in the Disputed Premises through or under the Defendants to set forth the nature of their several claims by an action in ejectment filed within 20 days or else be forever barred from having or claiming any right, title, estate, lien or interest in the Disputed Premises. Plaintiff further requests that it be awarded its costs of suit. MCNEES WALLACE & NURICK LLC By /-M . KColonna I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Tel. 717-237-5278 Dated: June 20, 2008 5 VERIFICATION Subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities, I hereby certify that I am authorized to execute this verification, that have reviewed the foregoing and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. CHARTER HOMES AT THE PRESERVE, INC. By ?- " James E. Brubaker Vice President Dated: June ±L, 2008 -, , oi? PCIN 111:"' a` / `k?' ?yy ? ? ? / / -_ `?\' _ \ ' ????r`?? ?? ???? ??? ? t ? § ? X11 ? ? T LA ?? ? ??, . , •?? (?R f'vA6??Es ( hi 11? .01 \ L, 1 `r FLO- SERF Ex- l,I b; t g ?1 h OD Ar- 4';r NIN ALL STATE LEGAL 800-222-05''.0 ED11 RECICIED Exk,61+ C 04/99/2008 11:07 7179094jd9 1 REAGER & ADLER Pt? REAGiER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 170114642 717-783-1383 TELEFAX 717-730-7386 WEBSffE- ReagerAd*WC.com THEODORE A. AD ER + DAVID W. FWAQER LINUS E. PENICLE THOMAS O. VALLI 1M$ PEMK WILSON Wfte* 5 MdAddnw: Lrtnid**RaWAdprP(`=m April 9, 2008 PAGE 02 W W NE op M. . SUSAN H. CONFAIR JOHN H. PIETRZAK RICHAM J. JOYCE 401111W CNN TIW SPWWM VIA BAND DELIVERY Board of Commissioners Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050-3097 Zoning Hearing Board Hsmpden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050-3097 Building Code Board of Appeals Hampden Township 230 South Sporting Hill Road Mechanicsburg, PA 17050-3097 RE: 6110 LOG CABIN TRAIL, ENOLA, PA Lot No. 87 of the Preserve, Charter Homes at the Preserve Dear Board of Commissioners, Building Code Board of Appeals, and Zoning Hearing Board: We represent Mr. and Mrs. David W. Ivey, the owners of 6120 Log Cabin Trail, Enola, Hampden Township, Pennsylvania, Lot 88 of the preserve, 7bc purpose of this letter is to serve as an Appeal of the lot grading requirements approval of Hampden Township of March 11, 2008, in regard to Lot 87 of the Preserve, and Building Permit No. 1807 issued by Hampden Township on March 26, 2008, for the property located at 6110 Log Cabin Trail, Edala, Hampden Township, Pennsylvania, copies of which are enclosed horein. Specifically, the Appeal relates to the rotting information on the building permit, which reflects a left side yard setback of 10 feet. At the present time, there is ongoing construction on Lot 87. In the lot grading requirements (as approved by Hampden Township) and the building permit (as approved by Hampden Township), there is shown to be a 10 foot 4 inch setback in regard to the new construction on Lot 87, from the property line of Lot 88 owned by my clicats. There is a dispute between my clients and Charter as to the boundary line betwom Lot 87 and Lot 88. The outcome of this boundary line issue could impact the setback in regard to the home being constructed on 6110 Log Cabin Trail, on Lot 87. Accordingly, this Appeal is. filed on behalf of Mr. and Mrs. David W. Ivey, as to the identified setback in regard to the issuance of the tot grading requirements plan and the building permit for Lot 87. The construction of this home on Lot 87 may 1 i 04/09/2008 11:07 7179094IJ39 REAGER & ADLER PC PAGE 03 Board of Commissioners of Hampden Township Building Code Board of Appeals of Hampden Township Zoning Hearing Board of Hampden Township April 9, 2008 Page 2 not meet the required setback for a side yard under the Hampden Township Zoning Ordinance if the property line is contrary to what is depicted on the Lot 87 site plan and building permit. Again, the purpose of this protective Appeal is to preserve the legal rights of my clients, since construction is ongoing. I am enclosing a check in the amount of $230.00, made payable to the Hampden Township Zoning Hearing Board, for the filing of this Appeal. Thank you for your kind attention to this matter. ve y yours X, ve?? Linus E. Fenicle LEF/sam cc: John Albright, Charter Homes (via fax) 717-560-1138 Keith Brenneman, Solicitor for Hampden Township (via fax) 717-697-7681 Mr, and Mrs. David W. Ivey (via e-mail) ???b??, ? REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 W EBSITE: ReagerAdlerPC.com THEODORE A. ADLER + DAVID W. REAGER LINUS E. FENICLE THOMAS O. WILLIAMS PETER R. WILSON Writer's E-Mail Address: LFenicle®ReagerAdlerPC.com May 21, 2008 VIA E-MAIL AND U.S. MAIL E-mail address: ccourtnev®mwn.com Charles M. Courtney, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 RE: CHARTER HOMES - MR. AND MRS. DAVID W. IVEY Dear Charles: SUSAN H. CONFAIR JOHN H. PIETRZAK RICHARD J. JOYCE +Certified Civil Trial Specialist This letter is in reply to your letter to me of May 19, 2008. Contrary to your statement, Mr. and Mrs. Ivey have never spoken to any prospective purchasers of any property in The Preserve. Secondly, the Iveys put up the yellow tape on the line that they were led to believe was their boundary line, which line was told to them by Charter officials was their boundary line during the construction of the home. That tape has been removed. I did indicate to you that the only way to possibly resolve this boundary line issue, short of litigation, was if Charter would be willing to grant some form of permanent easement to the Iveys. I set forward that approach as a mechanism to resolve this dispute, and not a request for an easement to permit a trespass. As I indicated to you, this matter is going to proceed into litigation and become quite involved. It would certainly seem in the best interests of all parties to consider a resolution of this dispute that was caused by Charter employees and officials informing the Iveys of where their boundary line was between their lot and Lot 87. Subsequently, when Charter commenced construction of the home on Lot 87, Charter's employees determined that the boundary line was at a different location. It is incomprehensible to me that Charter can sit there and take no responsibility whatsoever for this situation. The Iveys have paid in excess of $700,000.00 for the home, and were led to believe (directly by Charter) that the property line was at a location different than where the actual surveyed property line is. The Iveys are going to remove the items that you reference in your letter. This removal is not being done based on the Iveys admitting the boundary line is where the surveys say it is, and the Iveys reserve the Charles M. Courtney, Esquire May 21, 2008 Page 2 right to pursue any and all claims against Charter Homes in regard to the location of the boundary line being where Charter officials and employees told the Iveys it was. You requested that the items be removed by June 6, 2008. Because of the removal process and entire situation, the Iveys will have them removed by June 20, 2008. I will assume that this date will not be an issue. Finally, the stormwater issue remains, and Charter continues to direct the stormwater off of Lot 87 and onto the Iveys' property, together with mud. The Iveys have not been able to utilize certain areas of their property because of the ongoing direction of stormwater and mud onto their property, and the failure and refusal of Charter Homes to take any steps to prevent this stormwater runoff, or to clean up the damage that they have caused to the Ivey property. The impact of Charter's actions on the Iveys in regard to the issues that the Iveys are now facing is a very serious matter, and of extreme importance to the Iveys. The Iveys have not only invested considerable monies in the purchase of this home and this property, but they have put their lifelong dreams into this purchase. Charter's "I-could-care-less" attitude is simply unbelievable and unacceptable. The Iveys will pursue appropriate legal action. Very tru yours, Linus E. Fenicle LEF/sam cc: Mr. and Mrs. David Ivey (via e-mail) ????? ? ?x /? ?, J }?, C?..T P ?.? C?v f....? ` ?.? [..i'. .1 -? r ? , ??.., ' 1 ?? ,,} 'l' ? .? ? .1 .. ? ? ?? L . ? , . C -3r.AGER & ADLER, P.C. By: Linus E. Fenicle, Esquire Attorney I.D. No. 20944 Email: LFenicleAReagerAdlerPC.com By: John H. Pietrzak, Esquire Attorney I.D. No. 79538 Email: J ietrzak a,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs, David and Cgol Ivey CHARTER HOMES AT THE PRESERVE, INC., PENNSYLVANIA : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, Plaintiff V. DAVID W. IVEY and CAROL L. IVEY, Defendants : No. 2008-3687 : ACTION TO QUIET TITLE NOTICE TO PLEAD To: Charter Homes at the Preserve, Inc. c/o Kimberly M. Colonna, Esquire McNees Wallace & Nurick, LLC 100 Pine St. P.O. Box 1166 Harrisburg, PA 17108-1166 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: July 9, 2008 Respectfully submitted, RE ER ADLER, P.P. J H. ietrz , ZEsqu2ire Attorney I.D. No. 79538 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-138 REAGER & ADLER, P.C. By: Linus E. Fenicle, Esquire Attorney I.D. No. 20944 Email: LFeniclegReagerAdlerPC.com By: John H. Pietrzak, Esquire Attorney I.D. No. 79538 Email: Jpietrzakgu ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Plaintiffs David and Carol Ivey CHARTER HOMES AT THE PRESERVE, INC., Plaintiff V. DAVID W. IVEY and CAROL L. IVEY, Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-3687 : ACTION TO QUIET TITLE ANSWER 1. Admitted. 2. Admitted, upon information and belief. 3. Admitted. 4. Admitted with the clarification that settlement on the property occurred on December 29, 2006. 5. This paragraph contains a legal conclusion to which no response is required. 6. Denied. The dispute as to the property boundary concerns only the strip of land between lots 87 and 88. Plaintiff's Charter Home at the Preserve, Inc.'s ("Charter") Exhibit A attached to the copy of the Complaint provided to Defendants (the "Iveys") does not contain any highlighted areas. Therefore, the Iveys cannot admit or deny that either of the purported highlighted areas that may exist on Charter's Exhibit A filed with the Court correspond to the t 4110. one disputed area of land between lots 87 and 88. By way of further Answer, the Iveys incorporate by reference their New Matter, which follows. 7. Denied as stated. There is only one area of disputed land at issue, which is that strip of land between lots 87 and 88. Charter's Exhibit A attached to the copy of the Complaint provided to the Iveys does not contain any highlighted areas. Therefore, the Iveys cannot admit or deny that either of the purported highlighted areas that may exist on Charter's Exhibit A filed with the Court correspond to the one disputed area of land between lots 87 and 88. By way of further Answer, the Iveys incorporate by reference their New Matter, which follows. 8. Admitted. 9. Denied. After settlement on the property, the Iveys had a patio installed and the driveway extended into areas that Charter had consistently represented were the Iveys property. Charter installed the "yard" referred to in this paragraph as part of the premium landscaping package included in the Iveys' sales agreement with Charter. As part of the premium sales package, Charter graded the disputed area and planted trees and grass in this area after settlement took place on December 29, 2006. Charter consistently and affirmatively represented to the Iveys that the disputed area, including the "yard" referred to in this paragraph was within the boundaries of the property that Charter conveyed to the Iveys on December 29, 2008. 10. Denied as stated. The Iveys admit that a very small part of their driveway extension and a portion of the patio extended into an area that Charter now claims is part of Lot # 87. The driveway extension and patio were entirely installed into areas that, until April 3, 2008, Charter had represented and agreed was part of the Iveys' property. The Iveys cultivated grass and installed some plantings in to the open area behind Lot # 88 only to mitigate erosion that was occurring in this open area due to Charter's failure to plant anything in this open area. The Iveys have never claimed that they possess or hold title to any part of the open area to the rear of Lot # 88 and do not make any claim on this area now. It is denied that any part of the open area behind 2 'E Lot # 88 make up part of the "disputed property" as the only area in dispute is the property boundary between Lots 87 and 88. 11. Admitted in part; Denied in Part. It is admitted that Charter directed the Iveys to remove the portions of improvements that encroached into areas that Charter now claims are part of Lot # 87 and the Open Space. It is denied that the disputed area between Lots 87 and 88 is not a part the Iveys' property. 12. Denied as stated. It is denied that the Iveys "initially refused" to remove the improvements from the disputed premises. When Charter initially informed the Iveys that Charter had been mistaken about the property boundaries, they erected the signs and tape shown in Charter's exhibit B merely to document that there was in fact a dispute concerning the location of the property line. The Iveys conceded to Charter's demands that they remove the improvements from the disputes areas and in fact did remove all improvements from the disputed area in question. The Iveys removed these improvements while reserving their right to pursue their legal remedies relating to Charter's error concerning the property boundaries. 13. Admitted. 14. Denied as stated. The April 9, 2008 letter is a written document that speaks for itself. The Iveys deny Charter's characterizations of the contents of this letter to the extent they are not consistent with the written document. 15. Admitted. 16. Denied. The survey confirmed that the property boundaries that Charter now contends are the correct boundaries for Lot # 88 are the same as those set forth in the documents referred to in the deed. This does not mean that the Disputed Premises are not a part of Lot # 88. Charter and the Iveys intended that the Disputed Premises were to be included in the boundaries of Lot # 88 at all times prior to, during and after the time Charter conveyed the property to the Iveys. 3 17. Denied. The Iveys contend that the boundaries of Lot # 88 as intended by the parties at the time Charter conveyed the property to the Iveys are different than those shown in the deed or the survey. Both Charter and the Iveys intended to include the Disputed Premises between Lots 87 and 88 in the property conveyed by Charter to the Iveys on December 29, 2006. The description in the deed is the result of a mutual mistake and does not set forth the boundaries as intended by Charter and the Iveys when the property was conveyed. 18. Denied as stated. The May 21, 2008 letter is a written document that speaks for itself. The Iveys deny Charter's characterizations of the contents of this letter to the extent they are not consistent with the written document. 19. Admitted in part; Denied in part. It is admitted that the Iveys have refused to accept the property boundary between Lots 87 and 88 as Charter now contends it exists. It is admitted that the Iveys have refused to acknowledge that they have "no right" to the Disputed Premises between Lots 87 and 88. The Iveys deny that they have "no right" to the Disputed Premises between Lots 87 and 88. Charter, from the time it started construction of the home until 15 months after conveyance of the property, intended and represented that the Disputed Premises between Lots 87 and 88 was part of the Iveys property conveyed from Charter. 20. This paragraph contains a legal conclusion to which no response is required. 21. This paragraph contains a legal conclusion to which no response is required. By way of further Answer, the Iveys do not need to have been in continuous adverse possession of the Disputed Premises between Lots 87 and 88 in order to make a claim on that property where Charter intended to convey that area and would have but for a mistake in the deed. 22. Denied as stated. Charter is in possession of the Disputed Premises between Lots 87 and 88 because they constructively evicted the Iveys from that area on April 3, 2008 when Charter first informed the Iveys that they now contended that area was a part of Lot 87. It is admitted that Charter has taken action to utilize the Disputed Premises as the set back for the 4 ? ! house it is building on Lot # 87, despite the ongoing dispute regarding the proper boundary line between Lots 87 and 88. Charter did not install the silt fence shown in Exhibit E to the Complaint. The Iveys installed that silt fence after Charter directed storm runoff from several lots, including Lots 86 and 87, onto the Iveys' property and refused for more than a year to take any remedial action. The fact that Charter actually believes that it installed the silt fence is indicative of their lack of attention to detail that led to the instant property line dispute. 23. Upon information and belief, it is admitted that the home that Charter is building on Lot # 87 is subject to an agreement for sale. The Iveys do not have sufficient information to admit or deny whether the sale is expected to close in August 2008. 24. This paragraph contains a legal conclusion to which no response is required. 25. This paragraph contains a legal conclusion to which no response is required. 26. This paragraph contains a prayer for relief to which no response is required. By way of further Answer, the Iveys filed a Complaint in Equity with the Court of Common Pleas of Cumberland County on or about June 24, 2008 setting forth their claims to the Disputed Premises between Lots 87 and 88. WHEREFORE, Defendants David and Carol Ivey request the Court enter judgment in their favor and against Plaintiff Charter Homes at the Preserve, Inc. NEW MATTER 27. Defendants incorporate the averments contained in paragraphs 1 through 26 as if fully set forth herein. 28. Charter's Complaint is barred by the doctrines of mutual mistake, equitable estoppel, justification, consent, fraud and laches. 29. In or around June 2006, the Iveys met with Charter's authorized sales representative, Meredith Distefano, to discuss the purchase of a lot on which to build their home. 5 The Iveys ultimately purchased Lot # 88 in the Preserve, a planned residential community being developed by Charter. 30. Prior to the purchase of Lot # 88, the Iveys discussed with Distefano their requirement that the lot must have adequate side yards after construction of the home. 31. The Iveys also informed Charter that they wanted Charter to clearly identify the property boundaries of the lot so that the Iveys knew where the property boundaries were located. To this end the Iveys requested that Distefano show them where the property pins were located for lot # 88, the lot that the Iveys ultimately purchased. 32. Distefano stated that the pins were not yet placed on Lot # 88, but did show the Iveys Charter's "Site Plan" that showed side yards for the house to be build on Lot # 88. Distefano assured the Iveys that their home would be built on Lot # 88 with adequate side yards. 33. Charter's representations that there would be adequate side yards were a material factor in the Iveys' decision to purchase Lot # 88 and to have Charter construct their home for them on this lot. 34. On or around June 12, 2006, the Iveys again met with Distefano to go over the Sales Agreement, prior to signing. The Iveys again asked to be shown where the property pins were located on Lot # 88. Distefano reiterated to the Iveys that the pins would soon be placed on Lot # 88. 35. The Iveys executed a New Home Purchase Agreement (hereinafter the "Sales Agreement") with Charter on or about June 14, 2006, whereby the Iveys agreed to purchase Lot # 88 in the Preserve, in Enola, Hampden Township, Cumberland County, Pennsylvania, and to have Charter construct a home upon this lot, for the price of $691,970.00, including the lot premium and initial design selections. The Sales Agreement is dated June 23, 2006. A true and correct copy of the aforementioned Sales Agreement is attached hereto, and made a part hereof, as Exhibit "A". 6 ? r 36. Under the terms of the Sales Agreement, Charter retained sole ownership and control over Lot # 88 and the home to be built on this lot, until final settlement with Plaintiffs. 37. On or around June 22, 2006, the Iveys met with Distefano to go over some design selections for their new home. The Iveys again asked Charter to provide the dimensions of Lot # 88 and to identify the rear property lines. This request was written on an addendum to the Sales Contract that was titled Selection Sheet as of Change Order 4. Charter again failed to provide the dimensions of the lot. A true and correct copy of Selection Sheet as of Change Order No. 4 is attached hereto and incorporated herein as Exhibit "B". 38. On June 27, 2006, the Iveys executed an addendum to the Sales Agreement, titled the Selection Sheet as of Change Order 6, which amended their design selections and added $113,910.00 to the price of the house/lot package, for a total contract price of $726,900.00. The Iveys again asked Charter to identify the property boundaries for Lot # 88. Distefano stated that the stakes had not been placed on Lot # 88 yet. A true and correct copy of Selection Sheet as of Change Order No. 6 is attached hereto as Exhibit "C". 39. Charter placed stakes to mark the outline of the Plaintiffs' house in preparation for digging and placing the foundation. Charter incorrectly staked the house to be set back 25 feet from the front of the property instead of 40 feet from the front property line as previously agreed by the parties. After initially refusing, Charter re-staked the house 40 feet from the front property line and broke ground several days later. Charter did not give the Iveys an opportunity to review this staking of the house prior to the digging of the foundation. At this time, Brian Temple was Charter's "Neighborhood Builder" and Matt Tenny was Charter's "Team Builder." 40. Charter placed a white wood stake marking the right front corner of Lot # 88. Charter placed the stake next to a painted white mark on the curb that was also aligned with a split in the curbing. Charter did not place any stake marking the right rear corner boundary of the lot, despite repeated requests from the Iveys that they do so. 7 ? . 41. Charter installed the sidewalk at the front of Lot # 88. The sidewalk ended on the right side of the lot by lining up with the stake that Charter had previously placed by the white mark on the curb, signifying the right front corner of Lot # 88's boundary. 42. Upon information and belief, throughout the neighborhood, Charter consistently marked the right front lot corner boundary with a stake placed in the ground next to a white mark painted on the curb, marking the right corner boundary. Charter's placement of the stake at the right front corner of Lot # 88 was consistent with this practice. 43. The Iveys reiterated to Charter's builders Brian Temple and Matt Tenny that it was important that there be an adequate side yard beyond the driveway that was to be placed on the right side of the home. In a fax email to Brian Temple dated October 16, 2006, the Iveys informed Charter that they wanted to discuss how the driveway was to be placed. A true and correct copy of the Iveys' October 16, 2006 fax is attached here to as Exhibit "D". 44. Charter informed the Iveys in a letter dated November 1, 2006, that Charter was making changes to its construction personnel. A true and correct copy of Charter's November 1, 2006 letter is attached hereto as Exhibit "E". 45. On November 3, 2006, the Iveys met with Charter's new Team Builder, Trey McDonald to discuss placement of the driveway. The Iveys again reiterated the importance of a side yard between the driveway and the boundary with the neighboring lot, Lot # 87, and again requested that Charter place markers showing the boundaries of Lot # 88. 46. From the time the home was being constructed through April 2007, Charter's builders, Greg Hoedecker, Dwight (last name unknown), the Neighborhood Builder, Trey McDonald, the Team Builder, Robert Malpass from Malco, and Clay (last name unknown), Malpass' assistant, repeatedly represented that the right side property boundary extended to the rear of the property, from the stake placed at the right front corner of Lot # 88, along a line parallel with the driveway to the back corner of the lot. 8 • i 47. Charter's builders were identified by Charter as Charter's employees and/or agents. The builders had business cards identifying them as Charter's employees and/or agents. 48. In preparation for the settlement that was to occur on December 29, 2006, the Iveys obtained a copy of Charter's Build Plan from Hampden Township on or around December 26, 2006. The Iveys discovered that there was a sewer easement shown on the Build Plan that extended along the left side of Lot # 88. 49. Charter had never informed the Iveys that any easement existed on Lot # 88. 50. The Iveys contacted Charter's new Neighborhood Sales Manager, Lori King, who had replaced Meredith Distefano, and asked why Charter had not informed the Iveys of the easement and asked what were the implications of the easement. King refused to speak to The Iveys about the easement, stating that Distefano should have handled it and that she (King) could not answer any questions because needed she to prepare for a Realtors' luncheon at the model home in the Preserve. 51. Based upon the Charter's authorized representations as to the boundary line between Lots 87 and 88, the Iveys proceeded to settlement. 52. The Iveys proceeded with the settlement on their home on December 29, 2006, although construction was not completed. During the brief orientation, the Iveys again asked Trey McDonald, Charter's Team Builder about the location of the right rear boundary of the property, because Charter never placed a stake to show the location of the right rear corner due to a large mound of dirt in that area. Charter again informed the Iveys that their right side property line extended from the stake placed at the right front corner, along a line parallel with their driveway to the back corner of the lot. 53. The property line as represented by Charter's authorized representative, both before and after settlement placed the right front corner at the stake at the white mark on the curb 9 r. and followed a line parallel along the right side of the lot approximately 9'6" from the right edge of the driveway, to the corresponding right rear corner of the lot. 54. The Iveys spoke to Dwight, Charter's Neighborhood Builder both prior to and after the December 29, 2006 settlement date about the placement of trees along Lot # 88's right side property line. 55. During January 2007, Charter planted two large trees, which were part of the landscaping package provided by Charter pursuant to the sales agreement and change order No. 6, within the area that Charter had represented as the right-side boundary line of Lot # 88 and which Charter now refers to as the Disputed Premises between Lots 87 and 88. 56. In April 2007, Charter's landscaper returned to perform final grading and plant grass along the right boundary of Lot # 88, in the area that Charter now refers to as the Disputed Premises. Again, Charter performed grading and planted grass in an area consistent with that previously represented by Charter to be the right side boundary, from the front stake marker along a line parallel to the driveway to the back right corner of the lot. 57. In Spring 2007, the Iveys consulted the lot grading requirements of Charter's Build Plan, which had been filed with and approved by Hampden Township, and confirmed that the right boundary line of Lot # 88 runs parallel to the driveway, and shows a side yard between the driveway and the boundary line. 58. Based upon the representations made by Charter regarding the location of the right side property line, and after confirming that the Charter's Build Plan shows that Lot # 88's property line runs parallel with the driveway installed by Charter, the Iveys contracted with a paving company to have the driveway extended by approximately 26 feet along the side of the home. The driveway extension did not increase the width of the driveway, but only extended it towards the rear of the property, along the side of the house. 10 59. Based upon the representations made by Charter regarding the location of the right side property line, and after confirming that the Charter's Build Plan shows that Lot # 88's property line runs parallel with the driveway installed by Charter, the Iveys had a flowerbed and patio installed in the back yard. 60. The Iveys asked Charter at various times prior to, during and after construction of the house, up to and including at the time of conveyance of the property from Charter to Plaintiffs, to identify the boundaries of Lot # 88. Charter consistently told the Iveys that the property line between Lots 87 and 88 ran the from the front stake marker placed by the white mark and cut in the curb, along a line parallel to the driveway to the back right corner of the lot. 61. Charter started preparations to build a house on Lot # 87, which is adjacent to Plaintiffs' Lot # 88, in March and April 2008. 62. Lot # 87 is narrower than Lot # 88 and Charter had represented to the Iveys that only a smaller "spec home" without the large conservatory room could be built on Lot # 87. 63. Charter's Neighborhood Sales Manager, Lori King, told the Iveys that any home to be built on Lot # 87 could not have a conservatory because Lot # 87 was too narrow. 64. The site plan depicted in Charter's model home depicted Lot # 87 as having a "spec house". 65. On April 3, 2008, Mike Barron, Charter's Team Builder, informed the Iveys that Charter had incorrectly marked the right side property line of Lot # 88 during the construction of Plaintiffs' home and that the actual property line starts at the right front corner of the lot approximately 4'6" to the left of the previously marked stake and cuts negatively into the Iveys' lot to a point approximately 14 feet to the left of where Charter had previously represented the right rear lot boundary to be located. 66. Barron informed the Iveys that the trees that Charter planted along the right side boundary of Lot # 88 as part of the Iveys' landscaping package, as well as other landscaping, the 11 Iveys' patio and a portion of the driveway extension, were not actually on the Iveys' property but were across the property line onto Lot # 87. 67. Charter apparently was able to locate pins establishing this new property line on April 3, 2008 even though Charter had been unable or unwilling to find these pins at any time from June 2006 through the completion of the Iveys' home in the spring of 2007, despite many requests by the Iveys that Charter do so. 68. Charter first showed the Iveys the right front property pin on April 3, 2008, which was located approximately 14 inches below the surface. 69. The new property line no longer runs parallel with the Iveys' driveway but instead cuts across the lot at an angle, so that the property line crosses exactly at the right apex of the original driveway and cuts diagonally across the Iveys' driveway extension. 70. Due to the new property line, the Iveys now have no side yard whatsoever between their driveway and Lot # 87. 71. The trees that Charter planted and represented as being on the Iveys' lot were now located completely across the new property line and onto the neighboring lot, Lot # 87. 72. Charter has refused to honor the boundaries that it established by its many representations and actions during construction of the Iveys' home and that Charter agreed marked the boundaries of Lot # 88 before, during and after construction of the home and at the conveyance of the property to the Iveys. 73. Charter demanded that the Iveys remove the trees that Charter planted in the Disputed Premises, which is an area previously agreed by the parties to be part of Lot # 88. 74. Charter has further demanded that the Iveys remove the flowerbed and patio from their back yard, and remove a corner of the driveway extension, which are now across the new property line established by Charter. 12 75. The Iveys have removed these items, while reserving their rights to take legal action. The Iveys' action in removing the trees, landscaping and patio in no way constitutes agreement with Charter regarding the true position of the property line as intended by the parties during and after construction of the Plaintiffs' home. 76. The Iveys commissioned a survey of the property boundaries by CEDG Engineers (hereinafter "CEDG") on or about April 8, 2008, which confirmed that the property line as now asserted by Charter is that which is set forth in the documents referenced on the deed for Lot # 88. 77. CEDG's survey established that the property line now asserted by the Charter results in property boundaries with a frontage of 135 feet and a rear width of 110.8 feet instead of the boundaries previously represented by the Charter, and as intended by the parties, with a frontage of 139.5 feet on the street and a rear width of 124.8 feet. 78. The property line shown on the documents referenced in the deed is not that which the parties intended to be the property line during and after construction of the Iveys' home and at the conveyance of the property from Charter to the Iveys. 79. CEDG's survey further showed that Charter moved the footprint of the home 22.5 feet from the left to the right side of Lot # 88 when Charter restaked the footprint after Charter initially staked it too close to the front of the lot in September 2006. 80. Upon information and belief, it is contended that Charters shifted the footprint of the house to the right side of the lot to account for the sewer easement running along the left side of the lot, which Charter failed to disclose to the Iveys and which the Iveys discovered on their own just prior to the December 29, 2006 closing. 81. CEDG's survey establishes that Charter shifted the footprint of the house 7.5 feet further to the right than was needed to meet the 15 foot set back requirement from the sewer easement. 13 82. The deed does not set forth the boundaries that Defendant as the grantor represented and that the parties intended or agreed upon when Defendant constructed Plaintiffs' house and conveyed the property to Plaintiffs on December 29, 2006. 83. At all times prior to, during and after Charter's conveyance of Lot # 88 to the Iveys, Charter represented, and the parties agreed and intended that the property line for the right side boundary of Lot # 88 was to be marked at the front right corner by the stake placed in the ground by the white mark and cut in the curb and continue to the right rear corner of the property along a line parallel to the driveway installed by Charter. 84. This intention continued concurrently up to and including at the time of conveyance, as evidenced by Charter's repeated actions and representations regarding the position of the right side property line both prior to and during construction of the Iveys' home and also prior to, during and after the conveyance of the property on December 29, 2006. 85. At all times, until April 3, 2008, Charter acted in conformance with the parties' intention that the right side property line of Lot # 88 was to be marked by the stake placed in the ground by the white mark and cut in the curb and continuing to the right rear corner of the property along a line parallel to the driveway installed by Charter. 86. The parties' intent at the time the property was conveyed on December 29, 2006 was to convey the property in conformance with the right side property line as established by Charter's actions and representations up to the time of conveyance. 87. The property description in the deed conveyed by Charter, including the position of the right side property line, was conveyed as a result of mutual mistake by both the Iveys and Charter. 88. Neither The Iveys nor Charter realized at the time of conveyance that the right side property line as described in the deed was different from the right side property line 14 established by the actions, representations and intent of both parties up to and during the time of conveyance on December 29, 2006. 89. Both the Iveys and Charter continued to believe and act in accordance with their mutual intent that the right side property line was marked by the stake placed in the ground by the white mark and cut in the curb and continued to the right rear corner of the property along a line parallel to the driveway installed by Charter following conveyance of the property. 90. Charter showed its intent to continue to honor the previously established property line after the December 29, 2006 conveyance by placing landscaping in accordance with this established property line in January and April 2007. 91. The Iveys showed their intent to continue to honor the previously established property line by extending their driveway and installing a patio and additional landscaping in accordance with the established right side property line in the spring of 2007. Charter acquiesced to these actions by the Iveys. 92. As further evidence of the parties' actual intent and the mutual mistake contained in the deed, the Iveys made it clear to Charter prior to and after the execution of the Sales Agreement that they required an adequate side yard to the right of the driveway to be placed on Lot # 88 and Charter repeatedly agreed that Charter would provide the Iveys with an adequate side yard to the right of the driveway. 93. Conformance with the property line as described in the documents referenced in the deed would cause the property line to cross exactly at the right apex of the original driveway installed by the Charter and cut diagonally across the driveway extension installed by the Iveys, effectively eliminating the entire side yard to the right of the house. This was never intended by the parties. 15 94. Conformance with the property line as described in the documents referenced in the deed would cause the trees planted by the Charter to now be entirely on the neighboring Lot # 87, which was never intended by the parties. 95. Charter apparently discovered the mutual mistake of the parties on April 3, 2008 when it began preparations to construct a home on Lot # 87. 96. Instead of conforming the deed to the actual intent of the parties at the time of conveyance on December 29, 2006, Charter instead seeks to force the Iveys to accept a new property line that was not intended by either of the parties. 97. Charter only desires to alter the established property line at this time to conform with the mistaken property line described in the deed because it has contracted to build a larger house on Lot # 87 than it originally intended or represented would be possible and now needs the extra space to fit a conservatory on the house to be built on Lot # 87. 98. The Iveys and Charter were mutually mistaken as to the right side boundaries of Lot # 88 at the time Charter conveyed the property to The Iveys and the deed was prepared on or around December 29, 2006. 99. This mutual mistake regarding the property line boundaries concerns a material element of fact on which the conveyance of the property was made. 100. This mutual mistake regarding the property line boundaries was unknown to either party at the time of settlement on December 29, 2006, when the property was conveyed or when the deed was prepared. 101. This mutual mistake concerning the property line boundaries had a material effect on the parties' performance of the contract. 102. Due to the mutual mistake, Charter has failed to perform in accordance with the agreement between the parties by, among other things, failing to provide a side yard beyond the 16 driveway, which was a material condition for the Iveys entering into the transaction, and failing to provide the landscaping package required under Change Order No. 6. 103. The Iveys did not bear the risk of the mistake. 104. Charter made numerous consistent representations to the Iveys both before, during and after conveyance of the property, that the right side boundary of Lot # 88 began at the right front corner where the stake was placed by the white mark on the curb and the curb cutout and extended along a line parallel to the driveway installed by Charter to the corresponding right rear corner of the lot. 105. Charter further confirmed this as the proper right side boundary line when it installed trees, grading and grass along this line in January and April 2007, for the Iveys' benefit. 106. On or about April 3, 2008, Charter discovered that it was allegedly mistaken about the position of the property line and informed the Iveys that Charter believed the actual property line was 4.5 feet to the left at the right front corner and 14 feet to the left at the right rear corner from where it was previously represented to be. 107. Charter was mistaken about the position of the property line both before, during and after Charter conveyed Lot # 88 to the he Iveys. 108. The Iveys reasonably relied on Charter's mistaken representations concerning the placement of the right side boundary line of Lot # 88 and expended considerable money and effort placing improvements along the disputed property line. 109. The Iveys' improvements include trees and landscaping placed along the disputed line by Charter that were part of the premium landscaping package the Iveys purchased from Charter pursuant to change order number 6 to the Sales Agreement. 110. The Iveys' improvements include the driveway extension that The Iveys' installed at their expense after taking possession of the property. 17 111. The Iveys' improvements include additional landscaping, grass and a brick patio that they paid to have installed in the disputed area after taking possession of the property. 112. The Iveys reasonably relied on Charter's misrepresentations concerning the property line, to their detriment. 113. Charter permitted the Iveys' reliance to continue for approximately 15 months after Charter conveyed the property to The Iveys. 114. Charter is now estopped from demanding possession of the disputed area. 115. It would be patently unfair to permit Charter to take possession of the disputed strip of land after The Iveys relied to their detriment on Charter's numerous, consistent misrepresentations concerning the position of the right side property line. 116. Charter is in the business of construction and real estate development. 117. The Iveys are consumers and reasonably relied on Charters misrepresentations concerning the location of the property line. 118. Charter was in possession of the information necessary to determine the proper property boundary line at all times since The Iveys first contacted Charter in June 2006. 119. The Iveys constantly requested Charter to definitively determine the proper boundary line from June 2006 through settlement on December 29, 2006. Charter failed to do so. Charter should have acted upon the information in their possession while Charter was under control of Lot # 88 and not waited until more than a year after the Iveys took title and possession of the property and made significant improvements to the condition of the disputed property. 120. Charter has altered the grading on Lot # 86, Lot # 87 and other areas so that storm water runoff now runs directly from Lots 86 and 87 onto the Iveys' property. 121. The storm water runoff caused erosion on the Iveys' property and also causes mud, sediment and debris eroded from Lots 86 and 87 to collect on the Iveys' property. 18 122. During and after periods of rain, heavy storm water runoff runs onto the Iveys' property from Lots 86 and 87 and forms a "river" that runs down the Iveys' driveway, across landscaped areas, sidewalks and out into the street. 123. The storm water runoff reaches a depth of several inches during and after rain events and leaves caked mud on the Iveys' grass, sidewalks, driveway and landscaped areas. 124. The Iveys could not access their garage or use the rear walkway to their deck due to the large amount of sediment and mud left behind by the storm water runoff from Lots 86 and 87. 125. The Iveys have notified Charter on numerous occasions over the course of the past 16 months about the storm runoff and damage caused thereby. Charter has promised to take action to remediate the problem and clean up the mud and debris left on the Iveys' property but to date have done nothing to remedy the situation. 126. Charter owed a duty to the Iveys to manage the quantity, velocity and direction of storm water runoff to protect the Iveys' property from injury. 127. Charter owed a duty to the Iveys not to alter the flow of surface water from property owned, controlled, or developed by the Charter, to limit the extent of alteration, or to take measures to prevent alteration from causing harm to the Iveys. 128. Charter is further obligated to comply with all state, county, municipal and other local rules, regulations and ordinances controlling storm water management. 129. Charter has altered the flow of surface water on Lots 86, 87 and other areas so that storm water runoff flows on to the Iveys' property, causing damage to the Iveys' property. 130. The Iveys erected a silt fence along the border that Charter now contends is the correct property line between Lots 87 and 88 in order to mitigate the damage from the storm runoff and because Charter failed and refused to take any action to mitigate the flow of storm 19 runoff onto the Iveys' property. The silt fence that the Iveys erected is shown in the picture Charter attached to its Complaint as Exhibit "E". 131. The Iveys filed a Complaint against Charter in Cumberland County on June 24, 2008, under Docket No. 2008-3740, setting forth their claims to the Disputed Property between Lots 87 and 88. WHEREFORE, Defendants, David and Carol Ivey respectfully request this Honorable Court to rule in their favor and to dismiss the Complaint to Quiet Title filed by Plaintiff, Charter Homes at the Preserve, Inc. Respectfully Submitted, REAGER & ADLER, P.C. Date: July 9, 2008 I.'Pietrzak, Esquire Bey I.D. No. 79538 E. Fenicle, Esquire . No. 20944 Attorneys for Plaintiffs. 20 Attorney I.D ?X????? ? ;r t 114 Foxahire Drive T 717.560.1400 Lancaster, PA 17601 F 717.560.1138 charterhomes.eom r i CHARTER Homes& Neighborhoods June 29, 2006 Mr. & Mrs. David Ivey 1009 Good Hope Road Mechanicsburg, PA 17050 Dear Mr. .& Mrs. Ivey: Enclosed please find a ratified copy of your Purchase Agreement and Homeowner Association documentation relating to Lot #88 in the Preserve at Hampden neighborhood. Please feel free to contact your Neighborhood Sales Manager if you have any questions. Thank you for purchasing your new home from Charter Homes. Sincerely, CHARTER HOMES Jennifer Todd Contract Administrator Enc. NEW HOME PURCHASE AGREEMENT By this Agreement, dated the 23rd day. of June, 2006 ("Agreement Date") David lvey and Carol Ivey (the "Buyer") with an address of 1009 Good Hope Road Mechanicsburg. PA 17050 agrees to purchase and Charter Homes at The Preserve, Inc., a Pennsylvania corporation (the "Seller") with an address of 114 Foxshire Drive Lancaster PA 17601 agrees to sell Lot 88, in The Preserve, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for The Preserve, a Planned Community in Hampden Township, Cumberland County, Pennsylvania ("Declaration'D of record in the Office of the Recorder of deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 705, Page 4220, as amended„ 6120 Log Cabin Trail Enola, PA 17025 (the "Property"), together with a Home, built or to be built by Seller in a good and ___wnrkmanlike manner in accordance with the home plan and options as set forth on the SELECTION SHEET attached to this Agreement for the TOTAL PURCHASE PRICE of: ...................................................................................................................... $691,970.00 1. EARNEST MONEY DEPOSIT. To guarantee performance by Buyer of Buyer's obligations in this Agreement, Buyer has paid an Earnest Money Deposit in the amount of ................ $10,000.00 to SELLER. Seller will hold and disburse the Earnest Money Deposit in accordance with all applicable laws. 2. OPTION/CUSTOM CHANGE DEPOSITS. If Buyer changes or options are incorporated into the Home Buyer agrees to pay OPTION/CUSTOM CHANGE DEPOSITS to Seller As follows: . a. Prior to or with this Agreement Buyer has paid .............................. 0.00 b. Buyer will pay OPTION/CUSTOM CHANGE DEPOSITS in accordance with the SELECTION SHEET and any CUSTOM CHANGE REQUESTS agreed to by Buyer and Seller. If Buyer does riot complete Settlement for any reason (except default by Seller), the OPTION/CUSTOM CHANGE DEPOSITS will be retained by Seller, not as a penalty, but to reimburse Seller for the cost of CUSTOM CHANGE REQUESTS and/or OPTIONS incorporated into the Home. At Settlement, Seller will credit Buyer in -the amount of the total of OPTION/CUSTOM CHANGE DEPOSITS paid by Buyer to Seller. 3. The RELEASE DATE is ........................................................................... 7/14/2006 The RELEASE DATE is that date on which all contingencies to this agreement will terminate. If Buyer does not complete and execute the SELECTION SHEET for the Home on the Property on or before the . RELEASE DATE, Buyer will be in default of Buyer's obligations pursuant to the terms of this Agreement. 4. Subject to completion of construction of the Home by Seller in accordance with, the terms of this Agreement, the estimated SETTLEMENT DATE is .................................................... 12/06 +- 30 days Printed: 06/23/2006 1 Initia tl'' Date -J - O b Initials Date (,f -lq -D (ri 5,. CONTINGENCIES Until, and only until, the RELEASE DATE, this Agreement is subject to the following CONTINGENCY(IES): NONE If any and all CONTINGENCIES are not satisfied on or before the RELEASE DATE: (1) either Buyer or Seller may terminate this Agreement in writing on or before the RELEASE DATE and, if so terminated, any Earnest Money Deposits and/or Option/custom Change Deposits paid by Buyer will be returned to Buyer and neither Buyer nor Seller will have any further obligations to the other under this Agreement, or (2) if this Agreement is not terminated in writing on or before the RELEASE DATE, alI CONTINGENCIES will terminate on the RELEASE DATE. and thereafter Seller and Buyer will be obligated to perform their respective obligations pursuant to the terms of this Agreement. Unless otherwise set forth in this Agreement, the failure by either party to perform any obligation hereunder shall constitute a default in the performance of this Agreement by such party. Buyer acknowledges that if Buyer secures a Mortgage Loan Commitment which is later withdrawn for failure to meet conditions of the commitment, such as failure to sell and/or to complete settlement on property which Buyer currently owns, Buyer will still be obligated to complete Settlement. 6. RECEIPT AND ACKNOWLEDGMENT OF DOCUMENTS AFFECTING PROPERTY OWNERSHIP. Buyer acknowledges that Buyer has received, or will receive, on or before thirty (30) days after the Agreement Date of this Agreement, the following documents and information regarding ownership of the Property: The Public Offering Statement applicable to the Property, including copies of the Declaration, as amended, and the actual or proposed budget and homeowner assessments of The Preserve Neighborhood Association ("Property Documents"). Property ownership in The Preserve is subject to the provisions of all documents of record including, but not limited to, the recorded Declaration, as amended, and the recorded Subdivision'plan(s) (referenced in the Public Offering Statement). Buyer shall notify Seller in writing if Buyer has not received the Property Documents on or before thirty (30) days after the Agreement Date and the absence of such notice, on or before forty (40) days after the Agreement Date, shall be conclusive proof of the receipt by Buyer of the Property Documents on or before thirty (30) days after the Agreement Date. Buyer acknowledges that Buyer has had the opportunity to understand all of the provisions of the Property Documents and all other documents of record (including, but not limited to, easements and restrictions encumbering the Property and its use, covenants naming with the land, and obligations which attach to Property ownership); Buyer acknowledges that the Property will be conveyed to Buyer subject to all of the rights and duties as established by documents of record; and Buyer agrees to accept the responsibilities of ownership as stated in all documents of record. 7. CONSTRUCTION OF HOME. Seller will have the sole right to make all decisions regarding the construction of the Home and the development of the Property including, but not limited to, establishment of and changes in grade, removal of trees (if any are present), placement of utility lines and equipment, location and design of driveways, walks, landscaping and drainage (including swales), and all items of a similar nature. Seller shall solely determine which trees are to be removed for placement and construction of the home, driveway and other improvements, including access. Seller will not be required to restore any trees removed. Seller does not represent nor warrant that any existing trees will survive. Printed: 06/12/2006 s Initias - Date `a Initials Date 8. DESIGN IMPROVEMENTS. As part of a continuing program of home designs improvements, the Plans and Specifications are subject to change in accordance with any product changes provided to the Buyer and the terns of this Agreement. The Home may differ from any Model Home or information in sales materials (including brochures and displays) as a result of, but only as a result of, amendments or revisions to the Plans and Specifications and normal construction tolerances and variances. 9. FIXTURES NOT INCLUDED IN THE SALE. This sale and purchase does not include any furniture, furnishings, decorator wall and floor coverings, light fixtures, landscaping, and items of a similar nature unless specifically stated in the Specifications and/or on the SELECTION SHEET attached to this Agreement. 10. ACCESS TO PROPERTY. A HOME, CONSTRUCTION SITE IS A HAZARDOUS AREA, If Buyer enters the Property prior to Settlement, Buyer agrees to indemnify and hold Seller harmless for any resulting bodily injury or property damage. 11. NO UNAUTHORIZED WORK. Because the Property and the Home are property of the Seller until settlement, no unauthorized work may be done in the Home or on the Property. Unauthorized work done for or by Buyer will be removed by Seller, at the expense of the party who did, or attempted to do, unauthorized work. 12. LOSS PRIOR TO SETTLEMENT. Except for loss or damage resulting from Buyer entering the Property prior to Settlement, or resulting, directly or indirectly, from work by or for Buyer which Seller did not authorize, Seller will be responsible for any loss or damage to the Property prior to Settlement. 13. COMPLETION OF CONSTRUCTION. Settlement will occur, without holdback or escrow of any portion of the Purchase Price, when a Certificate of Occupancy or a Use and Occupancy Certificate is issued for the Home on the Property. A minor amount of work, not affecting the livability of the Home, may not be complete at time of Settlement. Seller will remain obligated to complete any such incomplete work following Settlement. If, because of incomplete work, Buyer's mortgage loan lender requires funds to be placed in escrow as a condition of providing mortgage financing, any such funds shall be provided by and deposited in such escrow by Buyer. 14. WARRANTY. Seller has provided to Buyer, prior to execution of this Agreement, Seller's warranty applicable to the construction of the Home ("Your-Warranty" together with the "One Year Limited Warranty" and "Performance Standards" which are collectively referred to as the "New Home Warranty") contained within the "Post Settlement" portion of the Building Your New Home Manual. The terms and conditions of the "New Home Warranty" are incorporated in this Agreement by reference and made part of this Agreement. . Buyer acknowledges that Buyer has read, understands, and agrees to the terms of the New Home Warranty Buyer including the waivers of implied warranties of habitability, reasonable workmanship, merchantability, Initials and fitness for purpose. Buyer expressly acknowledges and agrees that Buyer accepts the New Home Warranty as a fair, complete, and clear warranty of the obligations of Seller for the improvement of the Property and the construction of the Home in accordance with the terms and conditions of this Agreement. ' Buyer accepts the New Home Warranty in satisfaction of, and in lieu of, any and all other warranty or warranties, whether express or implied, relating to the construction of the Home. There are no warranties which extend beyond the New Home Warranty contained within the "Post Settlement" portion of the Building Your New Home Manual. The dispute resolution provisions of this New Home Purchase Agreement as set forth in Section 25 of this New Home Purchase Agreement shall apply to and govern the determination and resolution of any and all disputes and/or claims pursuant to the terms of the New Home Warranty. The provisions of Section 25 of this New Home Purchase Agreement shall survive settlement of the purchase of the Prbperty. 15. NEW HOME ORIENTATION. Prior to Settlement, a representative of the Seller will go through the Home with Buyer, together with no more than one additional individual, for an Orientation of the Home at which time the Seller's representative will acquaint Buyer with the Home and its features, answer questions, and verify that the Home has been constructed in accordance with the terms of this Agreement. Printed: 06/12/2006 3 Initial 1 Date ?-+-069 Initials Date S?/u Ole 16. SETTLEMENT.. The Settlement will be held within five (5) days after a Certificate of Occupancy, a Use and Occupancy Certificate or Permit, or other similar governmental approval of occupancy of the Home on the Property is granted ("Occupancy Approval"). Failure to settle within five days after notice from Seller to Buyer that Occupancy Approval has been obtained will constitute default by Buyer. At Settlement: a. Seller will convey title to and deliver possession of the Property to Buyer by a Special Warranty Deed, conveying good and marketable title (insurable by a licensed title insurance company), free and clear of all encumbrances and liens of record except easements, conditions, covenants and restrictions existing at the time of Settlement. b. Seller will provide any and all Certificate(s) of Occupancy or Use and Occupancy Certificate(s) which are required to be issued by any and all governmental entities having jurisdiction of such certificates c. All Transfer Taxes due on this sale and purchase will be paid one half (1/2) by Seller and one-half (1 /2) by Buyer. Property taxes and homeowner association assessments, if any, affecting this Property will be pro rated, with each party paying such party's share. d. Seller will 1) prepare the deed and any releases of mortgages, liens or judgments against the Property (Seller will not pay for the preparation of these documents by anyone else) and 2) pay for the recording of any such releases. e. Buyer will be responsible for and pay any charges of any mortgage lender providing funds to Buyer, any charges of the title insurer insuring Buyer's title (including title search, title insurance, endorsements, and any as-built or other survey), and any charges of the person or. firm conducting Settlement (including costs of recording the deed .. and mortgage, any settlement fees and disbursement charges). 17. RELEASE OF LIENS. Seller will not be obligated to furnish any release of liens signed by the contractors, subcontractors or suppliers providing labor or materials for the construction of the Home. However, Seller represents and wan ants to Buyer (and to any entity insuring Buyer's title to the Property) that no claims will be asserted against Buyer or the Property by any contractor, subcontractor or supplier with whom Seller has contracted and who has provided labor or materials for the construction of the Home; and this warranty shall remain the Seller's obligation after Settlement (survive Settlement) 18. RADON GAS. Seller makes no representation regarding the absence or presence of radon gas on the Property. Buyer agrees that Seller will not be responsible, now or in the future, for any costs associated with the testing and/or mitigation of radon, nor for any losses or claims, including injuries, which may arise from the presence of radon. 19. MOLD. Seller has provided Buyer (as a part of the "Building Your New Home" Manual in the section entitled "Special Conditions"), information regarding the occurrence of Mold in residential dwellings and has informed Buyer of Seller's construction procedures and specifications regarding mold avoidance. Buyer has reviewed Seller's mold avoidance construction procedures and specifications, and Buyer agrees that Seller will not be responsible for any damages caused by mold occurring on the Property, including but not be limited to property damage, personal injury, adverse health effects, and any consequential damage. 20. BUYER DEFAULT. Seller's performance of Seller's obligations pursuant to the terms and conditions of Agreement are undertaken and performed in reliance upon the representations, warranties and covenants of Buyer set forth in this Agreement. The remedies of Seller for default by Buyer shall not, in any way, be limited and may include, but shall not in any way be limited to, retention of Earnest Money Deposits and Option/Custom Change Deposits paid to Seller as Liquidated Damages and not as a penalty. 21. SELLER DEFAULT. Seller will not be liable for delays or failure-to perform this Agreement due to factors beyond Seller's control including, but not limited to force majeure, war, civil unrest, actual or econorDic unavailability of labor and/or materials or unavailability of land, site improvement work, utility services, or permits or approvals to be obtained by others. If the Home is not substantially complete within eight (8) months after the Release Date, Buyer may (but is not required to) terminate this Agreement In the event that this Agreement is terminated pursuant to the previous sentence, or if Seller defaults in Seller's obligations under this Agreement, all Earnest Money Deposits and Option/Custom Change Deposits, if any, will be returned to Buyer and Seller will pay to Buyer the amount of any mortgage or title costs which Buyer has incurred for this purchase including title insurance application, mortgage application, appraisal, and fees such as rate lock-in fee, and this Agreement will be void, and neither party will have any further obligation to the other. Buyer may not sue Seller for specific performance of Seller's obligations. Printed: 06/12/2006 4 Initia 1 Date F Initials Date /-blo 22. TIME OF ESSENCE. Time is of the essence of all obligations of the parties to this Agreement. 23. NOTICES. Notices will be considered given upon delivery (provided a signed receipt or notarized affidavit of delivery is obtained if hand delivered or delivered by any delivery service) or three (3) days after deposit with the US Postal Service first class mail postage prepaid, return receipt requested, to the address of the recipient as stated in this Agreement. 24. ENTIRE AGREEMENT, PARTIES BOUND. This Agreement contains the whole agreement between Seller and Buyer regarding the subject matter of this Agreement and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this transaction. No broker, agent or salesperson has authority to make, or has made, any statement, agreement or representation (either oral or written) in connection with this transaction modifying, amending, adding to or changing the terms of this Agreement. No custom or prior or other dealings between the parties will contradict, add to, or modify the terms of this Agreement. Seller is not responsible or liable for any agreement, condition or stipulation not specifically set forth in this Agreement. No modification of this Agreement shall be binding unless in writing and signed by both parties. This Agreement shall benefit and bind the parties hereto, their respective heirs, personal representatives, successors and assigns. 25. DISPUTE RESOLUTION. In the event of an unresolved dispute or a claim relating to this New Home Purchase Agreement, the rights and obligations hereto, or any.other claims or causes of action relating to the performance of either party arising out of, or relating to, this Agreement or the breach thereof, either party may elect to submit the dispute or claim for decision in accordance with the construction Industry Arbitration Rules of the American Arbitration Association by filing notice of the demand for arbitration in writing with the other party to this Agreement and with the American Arbitration Association within a reasonable time after the dispute has arisen. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with the applicable law in any Court having jurisdiction thereof. Alternatively, either party may institute an action or proceeding in the Court of Common Pleas of the county in which the Property is located and in the event of such action or proceeding, the non-prevailing party in the adjudication of any Preliminary Objections, judgment on the pleadings or summary judgment (including partial summary judgment), shall pay the prevailing party's attorneys' costs incurred in litigating such Preliminary Objections, judgment on the pleadings or summary judgment. 26. REAL ESTATE BROKERS. Buyer and Seller each represent that they have not dealt with any real estate agents or brokers in this transaction and that no real estate commissions or fees are payable as the result of the sale and purchase of the Property in accordance with this Agreement. [Remainder of this page intentionally left blank] Printed: 06/12/2006 Ini als 1 Initials Date Date l /? This Agreement is not binding on Seller until ratified by the President, a Vice President or a Director of Homebuilding of Charter Homes at The Preserve, Inc. By signing this Agreement, BUYER agrees to be bound by th f this Agreement. BUYER By signing this Agreement, SELLER agrees to be bound by the terms of this Agreement. Charter Homes at The Preserve, Inc., a Penn T is corpo By ' Assistant Vice President Ratified By Printed: 06/12/2006 6 Initial Date 6 ") I 06 Initials Date Vice President or Director of Homebuilding ?xl? ?b ? ? T MO. VIL"/m; nks 3 o a*4s 'irom .teaser . Selection Sheet ti As of Change Order 4 ADDENDUM TO CONTRACT BETWEEN ?` We, wa,^ k y?,e, hG David Ivey and Carol Ivey, Buyer ?/ ?er?,oun???n And ?vt'cl.IC.. WhR.r^e, c^ Charter Homes at The Preserve, Inc., Seller tO?O`'k ? Dv Date: 06/22/2006 Homesite: 088/0000 O Agreement of Sale Dated: 06/12/2006 Address: 6120 Log Cabin Trail N Enola, PA 17025 Neighborhood: The Preserve at Hampden Swing: Right Plan/Elevation Name: Henley Elevation C-30 Plan/Elevation Cod : a3930c30/* C{,r 7f 1' We, wc?x?k ko sue- ??•e, clcvah'o?n )Or,ex, V,,,? o? ?,? a ,rvjxv ly. Selected Options *cfc30 Great Room/Family Room: Level 30 Carpet F $450.00 1 $450.00 *X1f30 Additional Lav. Faucet: Master Bath; Level 30 Devonshire. Adds second faucet to existing package. F $520.0 - 1 $520.00 *XGF30 Powder Room: Level 30 Devonshire Polished Brass Plumbing Package F $450.00 1 $450.00 *XJF30 Master Bath; Level 30 Plumbing: Devonshire Polished Brass Package F $910.00 1 $910.00 ace30 Electric Range 3 F $0.00 1 Included acm20 Microwave 2 F $0.00 1 Included ad30 Dishwasher 3 F $0.00 1 Included a g10 Garbage Disposal 1 F $0.00 1 Included c1 c20 All Carpet - Silver F $0.00 1 Included c1 c 1 Carpet Pad Throughout - Lvl 10 F $0.00 1 Included c1c Carpet Pad Throughout - Lvl 40 F $3,530.00 1 $3,530.00 c1v10 All Vinyl Flooring - Silver F $0.00 1 Included cah10 Ktchn/Bkft Hardwood - Silver - May include the Butler's Pantry in some plans F $0.00 1 Included cdh10 Dining Rm Hardwood - Silver F $0.00 1 Included ceh10 Foyer Hardwood - Silver F $0.00 1 Included c h10 Pwdr Rm Hardwood - Silver F $0.00 1 Included c't10 Mstr Ba Crmc FlrTile- Level 10 F $0.00 1 Included c't40 Mstr Ba Crmc FlrTile- Level 40 F $300.00 1 $300.00 c'tb4 Mstr Bath Tub Tile - Premier F $840.00 1 $840.00 c tl0 Bath 2 Crmc Flr Tile- Level 10 F $0.00 1 Included c tl0 Bath 3 Crmc Fir Tile- Level 10 F $670.00 1 $670.00 ct h1 Garden Rm Hardwood - Level 10 F $0.00 1 Included cuh10 Sunroom Hardwood Fl - Silver F $0.00 1 Included Custom matching options discount F $-25,000.00 1 $-25,000.00 cwt10 Laund Rm Ceramic Tile -Lvl 10 F $0.00 1 Included Initials Date Initials Date Selection Sheet (Rev. 01120/2005) ©2001-2003, G1440, Inc. Page 1 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: Ivey fai10 Gas Fireplace - Silver - Signature F $0.00 1 Included Fireplace, with fire box framing in the interior of the house. Appalachian Mantle with slate surround. fzs20 Marble Surround ILO Slate F $260.00 1 $260.00 icr1 c 1 c Crown - Living Room F $0.00 1 Included icr1 e 1 c Crown - Foyer/Upper Hall F $0.00 1 Included icr1 h 1 c Crown - Stud F $0.00 1 Included icr27 2pc Crown -? oo (>16') - F .$1,020.00 1 $1,020.00 Add 2 pc. Crown Mould to additional room not specifically available on options list, any dimension longer than 16'. icr2c 2 pc Crown - Living Room F $710.00 1 $710.00 icr2d 2 pc Crown - Dining Room F $710.00 1 $710.00 icr2e 2 pc Crown - Foyer/Upper Hall F $1,020.00 1 $1,020.00 icr2f 2 pc Crown - Family Room F $710.00 1 $710.00 icr2i 2 pc Crown - Master. Bedroom F $0.00 1 Included id0at Cased Opening w/Transom 3/0 F $520.00 4 $2,080.00 S idOmt Cased Opening w/Transom 2/6 F $840.00 2 $1,680.00 Db idOwt Cased Opening w/Transom 3/0 F $890.00 1 $890.00 Db is1 cx Metal Spindles-Clsd Trd Bsmt - F $350.00 1 $350.00 Level 10 Matte Black Finish istco Oak - Closed Tread Stairs Main - F $890.00 1 $890.00 Includes stained oak treads, painted risers & stringers. Landings to be finished in hardwood. All other stair parts to be unaffected by this option. Applies to main stair run only, 2nd & 3rd stair sets to be added by selecting additional quantities and indicated on the marketing brochure. Basement steps to be custom requested in all cases. ixtd1 Tray CeilIn #1- Dining Rm F $0.00 1 Included ixti4 Tray Ceiling #4- Master BR - F $0.00 1 Included ***Note: May be built up into the trusses or built down from the standard ceiling depending on the truss layout.** k1011 All-Std Cbnt/Door 10/Wood 10* - F $0.00 1 Included Square Raised Panel Maple Door Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 2 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 8 000 Buyer Name: 1yey k1081 All-Std Cbnt/Door 80/Wood 10* - F $6,390.00 1 $6,390.00 Yorktowne Royalle Maple cabinets ILO std. kac20 Upg-Kit/BP CorianTops-Premier - F $0.00 1 Included This option upgrades the countertops in the Kitchen and Butler's Pantry to Corian, Premier. Standard islands will also receive the Corian, Premier. NOTE: Option kac10 MUST be selected IN ADDITION to this option. kac30 Upg-Kit/BP CorianTops-Prestige- F $1,170.00 1 $1,170.00 This option upgrades the countertops in the Kitchen and Butler's Pantry to Corian, Prestige. Standard islands will also receive the Corian Prestige. NOTE: Option kac10 MUST be selected IN ADDITION to this option. kaxb1 Add Wet Bar - Layout 10* - F $0.00 1 Included Design and location varies. See plan specific cabinet drawings and notes for more information. May only be available with certain onn? fr o.ni kitchen configurations. kaxxb Add Kitchen Waste Basket- F $210.00 1 $210.00 Single pull out waste basket. Size and location of cabinets vary per plan. See plan specific cabinet drawings for more information m03 Ext Veneer Upgrade - 3 Sides F $0.00 1 Included m0f1 Paintd Fnd to Grd-All Sides* F $0.00 1 Included m a10 25 Yr Architectural Shingle Rf F $0.00 1 Included 11 Add Brk Pvr Std Frt Prch rclr-44 e-V% d 4-o F $3,040.00 1 $3,040.00 qtjm 10'Wx 12'D Treated Wood Deck* '%en 'VtY,nVA'-o F $0.00 1 Included - Treated wood deck with 5/4 x 6 Decking. Treated wood ballustrade all open sides. Includes treated wood steps w/ o? bap cw rail to grade. x150 Premium Landscape - Level 50 When is t ,,s F $0.00 1 Included sabe English Garden Room F $19,690.00 1 $19,690.00 sak Sitting Room off of MBR - See F $3,360.00 1 $3,360.00 drawings for plan layouts. May include built-ins in some plans saq Bath 3 - Includes upgrading of F $3,180.00 1 $3,180.00 water heater to 75 gallon ?1oor;n;} should bc, DInitials Date Initials Date Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 3 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: Ivey sau23 Conservatory #2- Brick (13x24) - F $43,450.00 1 $43,450.00 Conservatory includes the w2 option to provide even temperatures in weather extremes; Level 10 Hardwood flooring; Brick from grade to sill on 3 sides:-window units fit between cast moulded columns and cornice; Tray Ceiling #1; Full Basement under Conservatory. This Option is designed for the Living Side of a plan. Any other location needs to be submitted as a CCR. sax09 Add 1' Height to Bsmt Walls - F $0.00 1 Included Adds 1' to the overall height of a basement foundation wall. May not be combined with the saxl0 option. sbj10 Master Bath - Alt Layout 10 - vi?L%fi Whot F $8,370.00 1 $8,370.00 Design varies per plan. :s ??t1u?ded. Reference plan for specific PAV. 0309%06+ information pocrct dwor• sbpl0 Bath 2 - Alt Layout 10 - Design F $0.00 1 Included varies per plan. Reference plan fors specific information s g20 2 Car Side Ent Garage F $0.00 1 Included sg30 3rd Car Addtn to Side Ent Grg - F $0.00 1 Included Typically adds 7' to front of garage. Adds (1) 16 wide overhead door ILO (1) 9 wide overhead door. Req's PLO Include or Buyer Selection of s Q20. ska42 Hearth Kitchen - Cabinet F $9,360.00 1 $9,360.00 configurations and appliance locations vary per plan. Appliance features: Dishwasher 80, SS Gas Cooktop 90, Vented Hood Assembly byCab. Supplier, Elect. Micro / Wall Oven Combo 80, Disposer 60. Other features: Gas Line to Cooktop, Ceramic Tile Lvl viq'`1 50 behind Cookto . skw30 Laundry Room Layout 3 - Design Sps.N aZ?,- F $16,140.00 1 $16,140.00 varies per plan. Reference plan "VV%C,.V `t A S forspecific information V "` ' tOh 1 "Pitcher" Handleset ILO Std F $0.00 1 Included Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) ©2001-2003, G1440, Inc. Page 4 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: I- gy tOxb Bilco Style Basement Door - F $3,400.00 1 $3,400.00 Include steel insulated door unit in basement wall; precast concrete stair unit; steel access door; . switched weatherproof light inside of unit uxhw Add'I Wood Hopper Basement o +%A"a F $260.00 4 $1,040.00 Wdw - Locate this additional K"o +vnd.cws window on Brochure Drawing. op"N Use of this option subject to e?>rt ??l `? Desi n considerations. ?' ??'?'`?^+• vbu10 Garage Door Opener w/1 Remote F $0.00 1 Included vc 10 Ext Lam Post Light BrassGuard F $0.00 1 Included vf110 Light Fixture Pk - Silver F $0.00 1 Included A Alarm System Complete - F $0.00 1 Included Standard system includes protection of all 1 st floor openings, 2 keypads, 16 zone master panel w50 Level 50 HVAC System F $0.00 1 Included x000K All Kohler/Sterling Plumbing - All F $0.00 1 Included Plumbing fixtures and faucets to be Kohler or Sterling. xaf35 KitchnFct-Extensa PI/Out Spray F $0.00 1 Included xribf Full Bath Bsmt - Rough In Only - F $1,050.00 1 $1,050.00 Includes risers for future tub/shower, toilet and sink hook- ups tied in below the slab emptying into a sewage pit set into the slab. **This option requires the purchas st 2 w1na?- dues forms of baseme a ress.* his Mean 7 xriim Ice Maker Line F $0.00 1 Included xx2co 2" Conduit - BSMT to ATTIC F $0.00 1 Included 440W wvavnY. OV&S"Icke spimp+0 1 o?n c?araG.e- s t ae. a ry c? one. t n tO QP_x QAWCX JM &Ic'r"he. S0Rq%'c;;env_Y of tAeekvvew ou{Ie SJ W" owita:r ah ow?-s?de, o? houses a?c?lo,r n ?or `u?,e; Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 5 . - Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hamgden Homesite: 08810000 Buyer Name: IM Desicn Center Items ;e), v,1 1000. EXTERIOR 1010. Stone Shape - Color -- Mortar 1020. Brick Color -- Mortar Color: Ben Franklin Brick w/ KLM Mortar 1030. Accent Brick Color -- Mortar 040. Stucco Color ai &Vtx = CT- ska?nd ;bc -7 050. Window Color Color: 1060. Shutter Color Colo ICI Paints; tewart House Brown; 50YR 06/081 1070. Front Door Color Exterior / Interior Color: TCTPMhTs-, Stewart House Brown; 50YR 06/081 1072. Other Exterior Door Colors Color: To Match Siding 1074. Garage Door Color Color: To Match Siding 1080. Siding Color Color: Heritage Cream 1090. Soffit / Fascia / Gutter Color Color: Frost 1092. Specialty Roof Color 1100. Downspout Color Color: Frost 1110. Stamped Concrete: Pattern --- Base Color --Ms Agent Color 1120. INTERIOR 1130. Wall Color other than standard color 1140. Trim Color other than standard color 1150. Railing Stain color other than match hardwood 1160. Fireplace Surround: FR Color -- LR Color --- Other Color Color: Cream Marble 1170. ROOM FINISHES 1180. KIT/BP/FR 1190. KIT/BP/FR Cabinet Door Color: Ro alle 1200. KIT/BP/FR Cabinet Wood Color: Maple NaturalHearth Area Cabinets ONLY-rGlacier White w/ Mocha Graze Z-6 -tl.:c Cwixe T 1210. KIT/BP/FROptional Finish 1220. KIT/BP/FR Hardware Color: C03 1230. KIT/BP/FR Main C-To Type Color: Corian; Aurora 1240. KIT/BP/FR Main C-To Color 1250. KIT/BP/FR Accent C-To Type 1260. KIT/BP/FR Accent C-To Color 1270. KIT/BP/FR Sink Faucet Ste Color: Coralais; Biscuit 1280. KIT/BP/FR Faucet Finish 1290. KIT/BP/FR Appliance Color Color: Stainless Steel 1300. KIT/BP/FR Fixture/. Sink Color: W A B Color: Biscuit 1310. KIT/BP/FR Details: Glass Doors / pr -- Roll Out Shelves -- App Garage -- Waste Basket Color: Waste Basket Pullout --ow.& ptal ci-VF t 40--L, &5k o-NowV pull oU.}s 1 h M lam?/ 5 1320. MBATH 1330. MBATH Cabinet Door Color: Ro alle 1340. MBATH Cabinet Wood Color: Maple; Natural 1350. MBATH Optional Finish 1360. MBATH Hardware Color: C17 Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 6 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 8Q$ /0000 Buyer Name: Ivey 1370. MBATH Main C-To Type Color: Cult. Marble ?White on Whit 1380. MBATH Main C-To Color 1390. MBATH Sink Faucet Ste Color: Devonshire; Polished Brass bees 41%1-C 1 C=jc 1400. MBATH Faucet Finish 1410. MBATH Shower / Door Glass: C 0 Color: Clear 1420. MBATH Fixture / Sink Color: W A B Col iscult 1430. BATH 2 1440. BATH 2 Cabinet Door Color: Ro alle 1450. BATH 2 Cabinet Wood Color: Maple; Natural 1460. BATH 2 Optional Finish 1470. BATH 2 Hardware Color: C18 1480. BATH 2 Main C-To Type Color: Cult. Marble; White on White 1490. BATH 2 Main C-To Color 1500. BATH 2 Sink Faucet Ste Color: Standard; Chrome Consi ae oan w V- 1510. BATH 2 Faucet Finish 1520. BATH 2 Shower / Door Glass: C 0 1530. BATH 2 Fixture / Sink Color: W A B Color: Biscuit 1540. BATH 3 1550. BATH 3 Cabinet Door Color: Ro alle 1560. BATH 3 Cabinet Wood Color: Maple; Natural 1570. BATH 3 Optional Finish 1580. BATH 3 Hardware Color: C18 1590. BATH 3 Main C-To Type Color: Cult. Marble; White on White 1600. BATH 3 Main C-To Color 1610. BATH 3 Sink Faucet Style Color: Standard; Chrome "wsi dear are 1620. BATH 3 Faucet Finish 1630. BATH 3 Shower / Door Glass: C 0 1640. BATH 3 Fixture / Sink Color: W A B Color: Biscuit 1650. BATH 4 1660. BATH 4 Cabinet Door 1670. BATH 4 Cabinet Wood 1680. BATH 4 Optional Finish 1690. BATH 4 Hardware 1700. BATH 4 Main C-To Type 1710. BATH 4 Main C-To Color 1720. BATH 4 Sink Faucet Style 1730. BATH 4 Faucet Finish 1740. BATH 4 Shower / Door Glass: C 0 1750. BATH 4 Fixture / Sink Color: W A B 1760. POWDER 1770. POWDER Cabinet Door 1780. POWDER Cabinet Wood 1790. POWDER Optional Finish 1800. POWDER Hardware 1810. POWDER Main C-To Type 1820. POWDER Main C-To Color 1830. POWDER Sink Faucet Style Color: Devonshire; Polished Brass 1840. POWDER Faucet Finish 1850. POWDER Fixture / Sink Color: W A B Color: Biscuit Initials Date Initials Date ray. Selection Sheet (Rev. 01/20/2005) ©2001-2003, G1440, Inc. Page 7 -ff Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: Ivey 1860. LAUNDRY 1870. LAUNDRY Cabinet Door Color: Ro alle 1880. LAUNDRY Cabinet Wood Color: Maple; Natural 1890. LAUNDRY Optional Finish 1900. LAUNDRY Hardware Color: C03 1910. LAUNDRY Main C-To Type Color: Wilsonart Laminate; Coral Roca 4839-38 1920. LAUNDRY Main C-To Color 1930. LAUNDRY Accent C-To Type 1940. LAUNDRY Accent C-To Color 1950. LAUNDRY Sink Faucet Style Color: Standard; Chrome ?oris:dcr wn v?. 1960. LAUNDRY Faucet Finish 1970. LAUNDRY Fixture / Sink Color: W A B Color: Biscuit 1980. MUD ROOM 1990. MUD ROOM Cabinet Door 2000. MUD ROOM Cabinet Wood 2010. MUD ROOM Optional Finish 2020. MUD ROOM Hardware 2030. STUDY 2040. STUDY Cabinet Door 2050. STUDY Cabinet Wood 2060. STUDY Optional Finish 2070. STUDY Hardware 2080. ENTERTAINMENT CENTER 2090. ENTERTAINMENT CENTER Cabinet Door 2100. ENTERTAINMENT CENTER Cabinet Wood 2110. ENTERTAINMENT CENTER Optional Finish 2120. ENTERTAINMENT CENTER Hardware 2130. LIGHTING Color: Standard BrassGUARD 2140. Breakfast: Model No. -- Finish 2150. Dining Room: Model No. -- Finish 2160. Foyer: Model No. - Finish 2170. Powder Room: Model No. --- Finish 2180. Ext. Post Lam : Model No. --- Finish 2190. Ext. Front Door: Model No. - Finish 2200. Ext. Other Door: Model No. --- Finish 2210. FLOORING 2220. Kitchen: Flooring Style --- Size/Color/Grout Color: Wood; Dundee; Natural T,le,? 2230. Kitchen: Hearth Tile Color: Selce; Terracotta SL53 6x6 with Sand Beige 2240. Kitchen: Backs lash Color: Tile; Selce; Yellow Mars SL52 6x6 with Saltillo Grout 2250. Break/Morning: Flooring Style --- Size/Color/Grout Color: Wood; Dundee; Natural 2260. Livin : Flooring Style -- Size/Color/Grout Color: Carpet; Georgian Ba ; Hone Cake 23211 2270. Dining/Formal: Flooring Style --- Size/Color/Grout Color: Wood; Dundee; Natural 2280. Foyer: Flooring Style - Size/Color/Grout Color: Wood; Dundee; Natural Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) ©2001-2003, G1440, Inc. Page 8 Selection Sheet As of Change Order 4 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: IM 2290. Family/Great: Flooring Style -- Color: Carpet; Madness ZL210; Pat of Butter 00225 Size/Color/Grout 2300. Powder. Room: Flooring Style -- Color: Wood; Dundee; Natural Size/Color/Grout 2310. Stud : Flooring Style --- Size/Color/Grout 2320. Master BR: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2330. Master Bath: Flooring Style -- Color: Tile; Bella Vista; Light Noce; 12x12 w/ Almond Grout Size/Color/Grout 2340. Master Bath: Tub Tile Color: Tile; Bella Vista; Light Noce; 6x6 w/ Almond Grout and Accent Listello 2350. Master Sitting: Flooring Style -- Size/Color/Grout 2360. Bedroom 2: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2370. Bedroom 3: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2380. Bedroom 4: Flooring Style -- Color: Carpet; Georgian Bay; Honey Cake; 23211 Size/Color/Grout a -1 2390. Bedroom 5: Flooring Style -- W?, Sc .Iry ? Size/Color/Grout lv 2400. Bath 2: Flooring Style --- Color: Tile; French Provincial; Matte Finis ; 12x12 Almond Size/Color/Grout Grout 2410. Bath 3: Flooring Style --- Color: Tile; French Provincial; Matte Fini ; 12x12 / Almond Size/Color/Grout Grout 2420. Bath 4 / PR2: Flooring Style -- Size/Color/Grout 2430. Loft / Computer: Flooring Style --- Size/Color/Grout 2440. Flex Space: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 /Location: Game Size/Color/Grout Room 2450. Sunroom / Conservatory: Flooring Style - Color: Wood; Dundee; Natural - Size/Color/Grout 2460. Mudroom: Flooring Style -- Size/Color/Grout 2470. Laundry: Flooring Style -- Color: Tile; Sierra Aspen 1525; 12x12 w/ Sand Beige Size/Color/Grout Grout/Location: Studio 2480. Garden Room: Flooring Style -- Color: Wood; Dundee; Natural Size/Color/Grout ? 2490. Main Stairwell: Flooring Style --- Color: Wood; Dundee; Natural/Location 2nd Hallway; Carpet; Size/Color/Grout Georgian Ba ; Hone Cake 23211 2500. Basement Stairwell: Flooring Style -- Size/Color/Grout Initials Date Initials Date Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 9 Selection Sheet As of Change Order 4 ' Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: 1yey Earnest Deposits Option Deposits Purchase Price Details Base Home Price $597,990.00 Lot Premium $15,000.00 Total Options Price $112,840.00 Total Purchase Price $725,830.00 David Ivey Date Sales Representative Carol Ivey Date Seller Date Date Initials Date D Initials Date Selection Sheet (Rev. 01/20/2005) ©2001-2003, G1440, Inc. Page 10 ?xhib?? ? Selection Sheet As of Change Order 6 ( ADDENDUM TO CONTRACT BETWEEN David Ivey and Carol Ivey, Buyer And Charter Homes at The Preserve, Inc., Seller Date: 06/27/2006 Homesite: 088/0000 Agreement of Sale Dated: 06/12/2006 Address: 6120 Log Cabin Trail Enola, PA 17025 Neighborhood: The Preserve at Hampden Swing: Right Plan/Elevation Name: Henley Elevation C-30 Plan/Elevation Code: a3930c30/* Selected Options .... s z . ? ,.:. _ ....: ? w rice *cfc30 Great Room/Family Room: Level F $450.00 1 $450.00 30 Carpet 1 *X1f30 Additional Lav. Faucet: Master F $520 0 1 $520.00 Bath; Level 30 Devonshire. Adds second faucet to existing j *XGF30 acka e. Powder Room: Level 30 F $450.00 1 $450.00 Devonshire Polished Brass Plumbing Package * l h l 0 bi B L F 1 _ 00 XJF30 ; eve um ng: Master at 3 P $9 0.00 1 $9 0. Devonshire Polished Brass Package ace30 Electric Range 3 F $0.00 1 Included acm20 Microwave 2 F $0.00 1 _ In d ad30 Dishwasher 3 F $0.00 1 Included a g10 Garbage Disposal 1 F $0.00 1 _Included c1c20 c1c 1 All Carpet - Silver Carpet Pad Throughout - Lvl 10 F F $0.00 $0.00 1 1 _ included i Included c1 c 4 c1v10 Carpet Pad Throughout - Lvl 40 All Vinyl Flooring - Silver F F $3,530.00 $0.00 1 1 $3,530.00 i Included cah10 Ktchn/Bkft Hardwood - Silver- F $0.00 1 Included May include the Butler's Pantry in _ cdh10 some plans Dining Rm Hardwood - Silver F $0.00 1 _ Included ceh10 Foyer Hardwood - Silver F $0.00 1 Included cgh 10 _ Pwdr Rm Hardwood - Silver F $0.00 1 _ Included j cti0 Mstr Ba Crmc FlrTile- Level 10 F F $0.00 300 0 1 1 Included 00] $3 tl 40 Mstr Ba Crmc FlrTile- Level 40 $ . 0 ___ . c'tb4 Mstr Bath Tub Tile - Premier F $840.00 1 $840.00 ? cpt10 lath 2 Crmc Fir Tile- Level 10 F $0.00 1 _ _ Incl ldoed c t10 _ Bath 3 Crmc Fir Tile- Level 10 F $670.00 _ 1 $67D.66 ct h1 Garden Rm Hardwood - Level 10 F $0.00 1 Included cuh10 i _ _ Sunroom Hardwood FI - Silver F $0.00 1 Included, 5 000 00 Custom ; matching options discount F $-25,000.00 1 . $-2 1 cwt10 , Laund Rm Ceramic Tile -Lvi 10 F 1 Included - L f Initi Date b , Initials Date Selection Sheet (Rev. 01/20/2005) rG2001-2003, G1440, Inc. Page 1 1rf eN. ?3 ht Selection Sheet As of Change Order 6 rhood: The Preserve at Hampden Homesite:088/0000 ?? Buver Name: Ivey fai 10 Gas Fireplace - Silver - Signature F $0.00 1 Included Fireplace, with fire box framing in the interior of the house. Appalachian Mantle with slate surround. fzs20 Marble Surround ILO Slate F $260.00 1 $260.00 icrlc 1 c Crown - Living Room F $0.00 1 Included icrl e 1 c Crown - Foyer/Upper Nall F $0.00 1 Included icrlh 1 c Crown - Stud F $0.00 1 Included icr27 2pc Crown - Any Room (>16') - F $1,020.00 1 $1,020.00 Add 2 pc. Crown Mould to additional room not specifically available on options list, any dimension longer than 16'. icr2c 2 pc Crown - Living Room F $710.00 1 _ $71..00 icr2d 2 pc Crown - Dining Room F $710.00 1 $7 .00 icr2e 2 c Crown - Foyer/Upper Hail F $1,020.00 1 $1,020.00 icr2f 2 pc Crown - Family Room -' F $710.00 1 $71P.00 icr2i 2 pc Crown - Master Bedroom F $0.00 1 Incf ed id0at Cased Opening w/Transom 3/0 y F $520.00 4 $2,080.00 S _ Q idOmt Cased Opening w/Transom 2/6 F $840.00 $1,680.O ii Db idOwt Cased Opening w/Transom 3/0 F $890.00 1 $890.00 i Db islcx Metal Spindles-Clsd Trd Bsmt- F $350.00 1 $350.00 Level 10 Matte Black Finish istco Oak - Closed Tread Stairs Main - F $890.00 1 $890.00 I lncludes stained oak treads, painted risers & stringers. Landings to be finished in j hardwood. All other stair parts to j be unaffected by this option. y Applies to main stair run only, 2nd ( & 3rd stair sets to be added by I selecting additional quantities and indicated on the marketing ; I brochure. Basement steps to be custom requested in all cases. I _ ixtd1 Tray Ceiling #1- Dining Rm F $0.00 1 Included] ixti4 Tray Ceiling #4- Master BR - F $0.00 1 Included i ***Note: May be built up into the trusses or built down from the standard ceiling depending on the j truss layout.** _ k1011 All-Std Cbnt/Door 10/Wood 10* - F $0.00 1 Included Square Raised Panel Maple Door &Jj'? Selection Sheet (Rev. 01/20/2005 ) CG2001-2003, G1440, Inc. Date 6+ Initi V Initials Date Page 2 I 11 Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: Ivey I w. ?;$g yh ~. <.t 0 T?Ie k1081 All-Std Cbnt/Door 80/Wood 10*- F $6,390.00 1 $6,390.00 Yorktowne Royalle Maple cabinets ILO std. kac20 Upg-Kit/BP CorianTops-Premier - F $0.00 1 Included This option upgrad h co he itche and try Co 711-h, Premier. utl=e s a ris ands willalso receive / ? the Corian, Premier. NOTE: Option kac10 MUST be selected IN ADDITION to this option: kac30 Upg-Kit/BP CorianTops-Prestige- F $1,170.00 1 $1,1 .00 This option upgrades the countertops in the Kitchen and Butler's Pantry to Corian, Prestige- Standard islands will also receive the Corian Prestige. NOTE: i Option kac10 MUST be selected IN ADDITION to this option. kaxb1 Add Wet Bar - Layout 10* - F $0.00 1 Included' Design and location varies. See plan specific cabinet drawings and notes for more information. May If only be available with certain kitchen configurations. m03 Ext Veneer Upgrade - 3 Sides F $0.00 1 Included mof1 Paintd Fnd to Grd-All Sides* F $0.00 1 Included m a10 25 Yr Architectural Shingle Rf F $0.00 1 Included 11 Add Brk Pvr Std Frt Prch F $3,040.00 1 $3,040.00 qtjm 10'Wx 12'D Treated Wood Deck* F $0.00 1 Included - Treated wood deck with 5/4 x 6 Decking. Treated wood ballustrade all open sides. Includes treated wood steps w/ rail to grade. x150 Premium Landscape - Level 50 F $0.00 1 Included sabe English Garden Room F $19,690.00 1 $19,690.0 0 sak Sitting Room off of MBR - See F $3,360.00 1 _ $3,360.00 drawings for plan layouts. May _ include built-ins in some plans saq Bath 3 - Includes upgrading of F $3,180.00 -1- _ 1 ,180.00 1 I water heater to 75 gallon ::!! I In' ials Date ! ?. Initials Date LCD •- Selection Sheet (Rev. 01120/2005) 02001-2003, G1440, Inc. P` Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Bu er Name: Ivey sau23 Conservatory #2- Brick (13x24) - F $43,450.00 1 $43,450.00 Conservatory includes the w2 option to provide even temperatures in weather extremes; Level 10 Hardwood flooring; Brick from grade to sill on 3 sides; window units fit between cast moulded columns and cornice; Tray Ceiling #1; Full Basement under Conservatory. This Option is designed for the i Living Side of a plan. Any other location needs to be submitted as a CCR. sax09 Add 1' Height to Bsmt Walls - F $0.00 1 Included Adds 1' to the overall height of a basement foundation wall. May not be combined with the sax10 option. sbj10 Master Bath - Alt Layout 10 - F $8,370.00 1 $8,370.00 i Design varies per plan. Reference plan for specific information sbp10 Bath 2 - Alt Layout 10 - Design F $0.00 1 Included varies per plan. Reference plan .forspecific information s g20 2 Car Side Ent Garage F $0.00 1 included sg30 3rd Car Addtn to Side Ent Grg - F $0.00 1 Included Typically adds 7' to front of garage. Adds (1) 16 wide overhead door ILO (1) 9 wide overhead door. Req's PLO Include or Buyer Selection of s g20. ska42 Hearth Kitchen - Cabinet F $9,360.00 1 $9,36 configurations and appliance locations vary per plan. Appliance features: Dishwasher 80, SS Gas Cooktop 90, Vented Hood Assembly byCab. Supplier, Elect. Micro / Wall Oven Combo 80, { Disposer 60. Other features: Gas I Line to Cooktop, Ceramic Tile Lvl I 50 behind Cookto . skw30 Laundry Room Layout 3 - Design F $16,140.00 1 $16,140.00 varies per plan. Reference plan forspecific information tOh 1 "Pitcher" Handleset ILO Std F $0.00 Initia Date Initials C Date Selection Sheet (Rev. 01120/2005) ©2001-2003, G1440, Inc. Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hamoden ` Homesite: 08810000 Ij Buyer Name: Ivey r 2 r tOxb Bilco Style Basement Door- F $3,400.00 1 $3,400.00 Include steel insulated door unit in basement wall; precast concrete stair unit; steel access door; switched weatherproof light inside of unit uxhw Add'I Wood Hopper Basement F $260.OQ 4 $1,040.00 Wdw - Locate this additional window on Brochure Drawing. Use of this option subject to Design considerations. vab Telephone Receptacle F $60.00 2 $120.00 vac Cable TV Receptacle F $60.00 2 $120.00 vah Basement Receptacle F $80.00 3 $240.00 vbr CIg FanlBraced Fxt Box RI - F $100.00 3 $3 00 This is Rough-In Only for a future l Ceiling Fan Installation. Includes f (1) Switch and Blank Cover for Ceiling Box. Ceiling connection box is braced for ceiling fan mounting vbsp2 Built-InSpeakers-Silver (1 Pr) - F $500.00 1 $500.00 Includes (1) pair of speakers wired in a single room to a common location, a wall mount volume ` control in the same room and speaker housing. Note: Please indicate locations of speakers, location of volume control and whether speakers are ceiling mounted or wall mounted on . Locator Drawing. Please indicate location of common signal source vbu10 Garage Door Opener w11 Remote F $0.00 1 Inc! ded vc 10 Ext Lam Post Light BrassGuard F $0.00 1 Included vfl 10 Light Fixture Pk - Silver F $0.00 1 Included A Alarm System Complete - F $0.00 1 Included Standard system includes protection of all 1 st floor openings, 2 keypads, 16 zone master panel _ W50 Level 50 HVAC System F $0.00 1 Included x000K All Kohler/Sterling Plumbing -All F $0.00 1 Included f Plumbing fixtures and faucets to be Kohler or Sterling. xaf35 KitchnFct-Extensa PI/Out Spray F $0.00 1 _ I fucnl de??d ???{ 1 L? Initrod?W`Date Initials 0 -lel Date ZO Selection Sheet (Rev. 01120/2005) ©2001-2003. G1440, Inc. Page 5 t Selection Sheet ° As of Change Order 6 Neighborhood; The Preserve at Hampden Homesite: 08810000 Buyer Name: Lvey xribf Full Bath Bsmt - Rough In Only- F $1,050.00 1 $1,050.001 Includes risers for future tub/shower, toilet and sink hook- ups tied in below the slab emptying into a sewage pit set into the slab. "This option requires the purchase of at least 2 forms of basement egress.* xriim Ice Maker Line F $0.00 1 Inc! ed xx2co 2" Conduit - BSMT to ATTIC F $0.00 1 Included I i 0 t pate ` ? 6, Ini 9?;P. Initials`?` g g Date (0 A Selection Sheet (Rev. 01120/2005) 02001-2003, G1440, Inc. Page 6 Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: L%Ley Design Center Items 1000. EXTERIOR { 1010. Stone Shape -- Color--- Mortar 1020. Brick Color --- Mortar Color: Ben Franklin Brick w/ KLM Mortar 1030. Accent Brick Color --- Mortar 1040. Stucco Color _ 1050. Window Color Color: White 1060. Shutter Color _ Color: ICI Paints; Stewart House Brown; 50YR 06/081 1070. Front Door Color Exterior / Interior Color: ICI Paints; Stewart House Brown; 50YR 06/081 1072. Other Exterior Door Colors 1074. Garage Door Color Color: To Match Siding Color: To Match Siding 1080. Siding Color Color: Heritage Cream 1090. Soffit I Fascia / Gutter Color Color: Frost 1092. Specialty Roof Color _ 1100. Downspout Color Color: Frost 1110. Stamped Concrete: Pattern --- Base Color --Rls Agent Color 1120. INTERIO R 1130. Wall Color other than standard color 1140. Trim Color other than standard color - _? 1150. Railing Stain color other than match hardwood 1160. Fireplace Surround: FR Color --- LR Color: Cream Marble Color --- Other Color 1170. ROOM FINISHES _ 1180. KIT/BP/FR 1190. KIT/BP/FR Cabinet Door 1200. KIT/BP/FR Cabinet Wood Color: Ro alle Color: Maple; NaturalHearth Area Cabinets ONLY; _ Glacier White w/ Mocha Glaze KIT/BP/FROptional Finish 1210 . 1220. KIT/BP/FR Hardware Color: C03 1230. KIT/BP/FR Main C-To Type Color: Conan; Aurora 1240. KIT/BP/FR Main C-To Color 1250. KIT/BP/FR Accent C-To Type 1260. KIT/BP/FR Accent C-To Color _ 1270. KIT/BP/FR Sink Faucet Style Color: Coralais; Biscuit 1280. KIT/BP/FR Faucet Finish _ 1290. KIT/BP/FR A liance Color Color: Stainless Steel _ 13007 KIT/BP/FR Fixture/ Sink Color: W A B Color: Biscuit 1310. KIT/BP/FR Details: Glass Doors / pr -- Color: Waste Basket Pullout Roll Out Shelves --- App Garage --- Waste Basket 1320. MBATH 1330. MBATH Cabinet Door Color: Ro alle 1340.,MBATH Cabinet Wood Color: Maple-, Natural 1350. MBATH Optional Finish 1360. MBATH Hardware Color: C17 Init4--?"' Date G ' V Inibals(?(9 Date Selection Sheet (Rev. 01/20/2005 j 02001-2003, G1440, Inc. Page 7 R l _ Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: !yey 1370. MBATH Main C-To Type Color: Cult. Marble; White on White 1380. MBATH Main C-To Color 1390. MBATH Sink Faucet Style Color: Devonshire; Polished Brass _ 1400. MBATH Faucet Finish 1410. MBATH Shower I Door Glass: C O Color: Clear 1420. MBATH Fixture I Sink Color: W A B Color: Biscuit 1430. BATH 2 1440. BATH 2 Cabinet Door 1450. BATH 2 Cabinet Wood 1460. BATH 2 Optional Finish 1470. BATH 2 Hardware Color: Ro alle Color: Maple; Natural Color: C18 _ 1480- BATH 2 Main C-To Type Color: Cult. Marble; White on White 1490. BATH 2 Main C-To Color 1500. BATH 2 Sink Faucet Style Color: Standard; Chrome 1510. BATH 2 Faucet Finish _ 1520. BATH 2 Shower / Door Glass: C O 1530. BATH 2 Fixture / Sink Color: W A B Color: Biscuit 1540. BATH 3 I 1550. BATH 3 Cabinet Door Color: Ro alle 1560. BATH 3 Cabinet Wood Color: Maple; Natural I 1570. BATH 3 Optional Finish i 1580. BATH 3 Hardware Color: C18 j 1590. BATH 3 Main C-To Type Color: Cult. Marble; White on White 1600. BATH 3 Main C-To Color 1610. BATH 3 Sink Faucet Style Color: Standard; Chrome 1620. BATH 3 Faucet Finish 1630. BATH 3 Shower / Door Glass: C 0 1640. BATH 3 Fixture / Sink Color: W A B Color. Biscuit 1650. BATH 4 1660. BATH 4 Cabinet Door _ 1670. BATH 4 Cabinet Wood 1680. BATH 4 Optional Finish 1690. BATH 4 Hardware i 1700. BATH 4 Main C-To Type _ 1710. BATH 4 Main C-To Color 1720. BATH 4 Sink Faucet Style _ 1730. BATH 4 Faucet Finish 1740. BATH 4 Shower / Door Glass: C O 1750. BATH 4 Fixture / Sink Color: W A B 1760. POWDER _ 1770. POWDER Cabinet Door 1780. POWDER Cabinet Wood 1790. POWDER Optional Finish _ -- 1800. POWDER Hardware ? 1810. POWDER Main C-To T e _? 1820. POWDER Main C-To Color - 1830. POWDER Sink Faucet Style Color. Devonshire; Polished Brass 1840. POWDER Faucet Finish 1850. POWDER Fixture / Sink Color: W A B Color: Biscuit Initia / Date Initials L-?Date , _-.2 7 -ckk Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 8 Selection Sheet As of Change Order 6 Neighborhood: The Preserve at Hampden Homesite: 088/0000 Buyer Name: Ivey 1860. LAUNDRY -- - 1870. LAUNDRY Cabinet Door Color: Ro alle 1880, LAUNDRY Cabinet Wood Color: Maple; Natural _ 1890, LAUNDRY Optional Finish -? 1900. LAUNDRY Hardware _ Color: C03 1910. LAUNDRY Main C-To Type Color: Wilsonart Laminate; Coral Roca 4839-38 1920. LAUNDRY Main C-To Color 1930. LAUNDRY Accent C-To Type 1940. LAUNDRY Accent C-To Color 1950. LAUNDRY Sink Faucet Style Color: Standard; Chrome 1960. LAUNDRY Faucet Finish 1970. LAUNDRY Fixture / Sink Color: W A B Color: Biscuit -1 1980. MUD ROOM -- - 1990. MUD ROOM Cabinet Door 2000. MUD ROOM Cabinet Wood 2010. MUD ROOM Optional Finish 2020. MUD ROOM Hardware ?- 2030. STUDY 2040. STUDY Cabinet Door 2050. STUDY Cabinet Wood 2060. STUDY Optional Finish 2070. STUDY Hardware _ 2080. ENTERTAINMENT CENTER -? -? 2090. ENTERTAINMENT CENTER Cabinet Door _ 2100. ENTERTAINMENT CENTER Cabinet Wood ( i 2110. ENTERTAINMENT CENTER Optional Finish 2120. ENTERTAINMENT CENTER Hardware 2130. LIGHTING Color: Standard BrassGUARD 2140. Breakfast: Model No. --- Finish f 2150. Dining Room: Model No. --- Finish _ 2160. Foyer: Model No. --- Finish 2170. Powder Room: Model No. -- Finish 2180. Ext. Post Lam : Model No. --- Finish 4 2190. Ext. Front Door: Model No. -- Finish 2200. Ext. Other Door: Model No. --- Finish 2210. FLOORING _ 2220. Kitchen: Flooring Style --- Size/Color/Grout Color: Wood; Dundee; Natural _ 2230. Kitchen: Hearth Tile 2240. Kitchen: Backs lash 2250. Break/Morning: Flooring Style --- Size/Color/Grout Color: Selce; Terracotta SL53 6x6 with Sand Beige Color: Tile; Selce; Yellow Mars SL52 6x6 with Saltillo Grout Color: Wood; Dundee; Natural 2260. Livin : Flooring Style --- Size/Color/Grout 2270. Dining/Formal: Flooring Style -- Size/Color/Grout Color: Carpet; Georgian Ba ; Hone Cake 23211 Color: Wood; Dundee; Natural -? 2280. Foyer: Flooring Style -- Size/Color/Grout Color: Wood; Dundee; Natural, Init Is Date L,,;? Initials ?tJ?`ti? Date!? Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 9 a Y t , 3 Selection Sheet As of Change Order 6 Neighborhood: Thp Preserve at Hampden Homesite: 088/0000 Buyer Name: !)Ley 2290. Family/Great: Flooring Style --- Color: Carpet; Madness ZL210; Pat of Butter 00225 Size/Color/Grout 2300. Powder Room: Flooring Style _-- Color: Wood; Dundee; Natural Size/Color/Grout 2310. Stud : Flooring Style -- Size/Color/Grout 2320. Master BR: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2330. Master Bath: Flooring Style --- Color: Tile; Bella Vista; Light Noce: 12x12 w/ Almond Grout Size/Color/Grout 2340. Master Bath: Tub Tile Color: Tile; Bella Vista; Light Noce; 6x6 w/ Almond Grout and Accent Listello 2350. Master Sitting: Flooring Style --- Size/Color/Grout 2360. Bedroom 2: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2370. Bedroom 3: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 Size/Color/Grout 2380. Bedroom 4: Flooring Style --- Y :Color: Carpet; Georgian Bay; Honey Cake; 23211 Size/Color/Grout _ 2390. Bedroom 5: Flooring Style Size/Color/Grout 2400. Bath 2: Flooring Style --- Color: Tile; French Provincial; Matte Finish; 12x12 w/ Almond Size/Color/Grout Grout _ 2410. Bath 3: Flooring Style --- Color: Tile; French Provincial: Matte Finish; 12x12 w/ Almond Size/Color/Grout Grout 2420. Bath 4 / PR2: Flooring Style --- Size/Color/Grout - 2430. Loft / Computer: Flooring Style --- Size/Color/Grout 2440. Flex Space: Flooring Style --- Color: Carpet; Georgian Bay; Honey Cake 23211 /Location: Game Size/Color/Grout Room 2450. Sunroom / Conservatory: Flooring Style - Color: Wood; Dundee; Natural - Size/Color/Grout - - -- 2460. Mudroom: Flooring Style --- Size/Color/Grout - -- 2470. Laundry: Flooring Style -- Color: Tile; Sierra Aspen 1525; 12x12 w/ Sand Beige Size/Color/Grout Grout/Location: Studio 2480. Garden Room: Flooring Style --- Color: Wood; Dundee; Natural Size/Color/Grout 2490. Main Stairwell: Flooring Style --- Color: Wood; Dundee; Natural/Location: 2nd Hallway; Carpet; Size/Color/Grout Georgian Ba ; Hone Cake 23211 2500. Basement Stairwell: Flooring Style --- ? Size/Color/Grout _- ?- - In .als 1 Date--,-?-- Initials C ?R?? Date (o-_.2 7 Selection Sheet (Rev. 01/20/2005) 02001-2003, G1440, Inc. Page 10 Selection Sheet 4 As of Change Order 6 x Neighborhood: The Preserve at Hampden Homesite: 088!0000 Buyer Name: l ey Earnest Deposits 06109/2006 $10,000.00 Check 1 Total Earnest Deposits: $10,000.00 Option Deposits I Purchase Price Details 51. Base Home Price $597,990.00 Lot Premium $15,000.00 Total options Price $113,910.00 Total Purchase Price $726,900.00 - S4als David Ivey Date Carol lvey Date Seller Date I n Date I v als Initials C t&, Date J~' 5 S Selection Sheet it (Rev. 01120/2005) 02001-2003, G1440, Inc. Page 11 i v v .. RELEASE TO CONSTRUCTION AMENDMENT to NEW HOME PURCHASE AGREEMENT dated the 7th day of_June, 2006_. I tbr: PROPERTY: 6120 Lo Cabin Trail Enola, PA 17025 SELLER: Charter Homes at The Preserve, Inc. -- BUYER: David Ivey and Carol Ivey DATE OF AGREEMENT. 12th day of June, 2006 - - -- ' `- ' - Buyer hereby removes any and all contingencies to this Agreement including, but not limited to, Mortgage Financing Contingency and/or Sate of Property Contingency. This Agreement is now NOT CONTINGENT on Buyer obtaining Mortgage financing, nor on the Sale and Settlement of Other Property, nor on any other condition. CONSTRUCTION. Seller will construct a Home on the Property in a good and workmanlike manner, substantially in accordance with the home plan and options as set forth on the FINAL SELECTION SHEET and ACCEPTED CHANGE AGREEMENTS attached to this Addendum. (The FINAL SELECTION SHEET supersedes and replaces all other or previous Selection Sheet(s) regarding this Property.) PURCHASE PRICE: In accordance with the FINAL SELECTION SFIEF.T attached to this Addendum, the TOTAL PURCHASE PRICE of the Property is, or is revised to EARNEST MONEY DEPOSITS A. Earnest Money Deposit(s) previously paid by Buyer: B. Total amount of OPTIONS as set forth on the FINAL SELECTION SHEET: C. Total amount of ACCEPTED CUSTOM CHANGES: D. [OPTIONS (B) less ACCEPTED CUSTOM CHANGES (C)] x 20% _ E. ACCEPTED CUSTOM CHANGES (C) x 50%= F. Buyer hereby deposits an additional non-refundable Earnest Money Deposit in an amount equal to the sum of the amounts set forth in sections D and E above to be held by Seller for the purposes set forth in this Agreement G. Total non-refundable Earnest Money Deposits paid by Buyer to date (A+F): 8726.900.00 $10,000.00 $113,910.00 $ 22782.00 $22,782.00 $32,782.00 1 _ RELEASE TO CONSTRUCTION. Buyer and Seller hereby authorize and direct the construction of the Home on the Property in accordance with the terms of this Agreement. Because Seiler will proceed with the preparation of construction drawings and will enter into agreements with, and issue purchase orders to, suppliers and subcontractors, and will obtain permits from all governmental entities having jurisdiction, all in reliance on this authorization and direction, Buyer(s) acknowledge that the items set forth on the attached FINAL SELECTION SHEET and ACCEPTED CHANGE AGREEMENTS may not be added to, canceled, nor changed or modified after the date of this Amendment. CONFIRMATION OF RECEIPT OF PROPERTY DOCUMENTS. Buyer hereby confirms that Buyer received ail Property Documents (as defined in Section 5 of this Agreement) on or before twenty (20) days prior to the date of this Amendment (or, if checked here o, at this later date: and Buyer has reviewed, and understands all effects of, the Property Documents and all documents of record as identified in Section 5 of this Agreement. Except as modified by the foregoing, all other terms and conditions of this Agreement shall remain unchanged and of full force and effect. This Amendment is not binding on z ra r by the President, a Vice President or Director of Homebuilding of hanter Homes at The Preserve, Inc. J 1 i L ( f C'?k I BUYE? , BUYER Charter Homes at The Preserve, Inc., a Pennsylvania corporation Assistant Vice President Ratified By Vice President or Director of Hornebuildin< 1 - ?, \n ?b, 'K ) a P.O. Box 7274 Mechanicsburg, PA 17050 717-909-6602 fax 717-906-6606 facsimfle 1rmsmittal To: Brian @ Charter Homes Fax: 717-728-0231 From: David Ivey Date: 10/16/06 e • Various items . Pages: . 1 For Review ? Please Comment ? please Reply RE: Various items 10/16/06 Hi Brian, . Please take note of the bulleted items below that we need to discuss: ? Please Recycle ? Timeline for construction of our home. It is approaching November and our home is not completely framed. With the framing crew off on Tuesdays and Thursdays how long is this going to take? By the way, contrary to your understanding, no one worked this past Saturday. With dosing some sixty +/- days away we need to structure and define the specific timeline. ? We are choosing the oval window that is used in the Avery (behind the conservatory) for the upstairs bedroom that faces the back yard. We want two windows placed in this room. Please let me know the reasonable cost and I will write you a check. They should fit as is. ? We want to put additional shutters on the house front windows outside the library and the dining room. ? We need to go over furnace placement. ?Y ? We wish to put a more substantial garage door in. Please review with me. ? We need to talk about driveway configuration. We need to have a say in how it is placed. ? Lets set up a regular time to meet each week so that Carol and I can stay on top of all the details. Thanks for all of your efforts. Lets talk soon. Regards, Dave Ivey ????b?k ? 114 Foashire Drive Lancaster, PA 17601 charterhomes.com CHARTER Homes & Neighborhoods November 1, 2006 Mr. & Mrs. David Ivey 1009 Good Hope Road Mechanicsburg, PA 17050 Dear Mr. & Mrs. Ivey, T 717.560.1400 F 717.560.1138 Charter Homes & Neighborhoods is committed to providing excellent service and a great experience for our customers. We wanted to take this opportunity to communicate that there have been some recent personnel changes at Charter Homes & Neighborhoods. Please expect to hear from Greg Hodecker, your Director of Homebuilding, if you have not already, regarding any questions or concerns you may have. I assure you that we will make this change in personnel as seamless as possible. Your neighborhood building team is committed to working together to address your needs and concerns in the professional manner in which you deserve. Should you have any questions, please feel free to contact me at (717) 560-1400. Sincerely; CHARTER HOMES & NEIGHBORHOODS Jim Boyer . Vice President VERIFICATION I, David W. Ivey, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -O v f • VERIFICATION I, Carol L. Ivey, hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: 7- $ - 0 $ By: Q-?-L Carol. L. Ivey - ? . CERTIFICATE OF SERVICE AND NOW, this 9th day of July, 2008, I hereby verify that I have this day caused a true and correct copy of the foregoing document to be served via first class mail, postage prepaid, and addressed as follows: Charter Homes at the Preserve, Inc. c/o Kimberly M. Colonna, Esquire McNees Wallace & Nurick, LLC 100 Pine St. P.O. Box 1166 Harrisburg, PA 17108-1166 REAGER & ADLER. PC - (I/jA, Jo . Pietrzak, Esquire ' ri c..`? ?. C ? C°. ,? ? ?`- ' " sr ?: +.: c` .?' _ '?, ? ? _j? ? {? ? Y: ? 5'; ?<- ...." " ? , ?- ?.. . 3 ? u C .?. j ..G : .-? C3' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: AFFIDAVIT OF SERVICE 0 ?: 3&97 Charter Homes at the Preserve, Inc. vs. David W. Ivey and Carol L. Ivey Commonwealth of Pennsylvania County of Dauphin Be. I, John Shinkowsky, a competent adult, being duly sworn according to law, depose and say that at 6:48 PM on 06/20/2008, I served David W. Ivey at 6120 Log Cabin Trail Road, Enola, PA 17025 in the manner described below: ® Defendant(s) personally served. ? Adult family member with whom said Defendant(s) reside(s). Relationship is ? Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ? an officer of said Defendant's company. ? Other: a true and correct copy of Notice, Complaint, Verification issued in the above captioned matter. Description: Sex: Male - Age: 46 - Skin: White - Hair: Brown - Height: 5' 11 " - Weight: 1 Sworn to and subscribed before me on this J Shinkowsky _ day of 2QqS'. S nkowsky Inve 316 Fawn Ridge Harrisburg, P (800) 276-0202 O Y PUBLIC tions 7110 Atty File#: - Our File# 4255 Law Firm: McNees Wallace and Nurick, LLC Address: 100 Pine Street, Post Office Box 1166, Harrisburg, PA, 17108 Telephone: (717) 232-8000 COMLIONIMEALTti OF PENNSYLVANIA mOTARiAL SEAL LAURA A. TARASEWN, NOWY COUNtY Pnbtk Twp my Cassion Ey*esw?30 200 c? > r- m -73 f ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO.: AFFIDAVIT OF SERVICE Charter Homes at the Preserve, Inc. -3 &,q 7 vs. David W. Ivey and Carol L. Ivey Commonwealth of Pennsylvania County of Dauphin as. I, John Shinkowsky, a competent adult, being duly sworn according to law, depose and say that at 6:48 PM on 06/2012008, I served Carol L. Ivey at 6120 Log Cabin Trail Road, Enola, PA 17025 in the manner described below: ? Defendant(s) personally served. ® Adult family member with whom said Defendant(s) reside(s). Relationship is David W. Ivey. Spouse. ? Adult in charge of Defendant(s) residence who refused to give name and/or relationship. ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). ? Agent or person in charge of Defendant's office or usual place of business. ? an officer of said Defendant's company. ? Other: a true and correct copy of Notice, Complaint, Verification issued in the above captioned matter. Description: Sex: Male - Age: 46 - Skin: White - Hair: Brown - Height: 5' 111' - Weight: 11m Swg4eko and su scribed before me on this n Shinkow ?1??` day of 200 rinkowsky I Fawn Rid Harrisburg, (800) 276-02 NOTARY PUBLIC Atty File#: Law Firm: McNees Wallace and Nurick, LLC Address: 100 Pine Street, Post Office Box 1166, Harrisburg, PA, 17108 Telephone: (717) 232-8000 ions 17110 - Our File# 4256 COMMONWEALTH OF PE14NSYLV14 A NOTARIAL SEAL Put?ic L?y A A. TARASE"CH. Notary (Pehanne TWP.' Dauphl 20 0 wnmissi on Expo c na CM. (D ca t ?` ARQ' c_.,. te _ r - - (L i;3 -z rn r , CHARTER HOMES AT THE PRESERVE, : IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. DAVID W. IVEY and CAROL L. IVEY Defendants Civil Action No. 2008-3687 ACTION TO QUIET TITLE JOINT STIPULATION STAYING PROCEEDINGS Plaintiff Charter Homes at The Preserve, Inc. ("Charter Homes") and Defendants David W. Ivey and Carol L. Ivey (the "Iveys") through their undersigned counsel state as follows: 1. This action to quiet title was commenced on June 20, 2008, by the filing of a Complaint by Charter Homes. 2. The Complaint alleged that there is a dispute between Charter Homes and the Iveys regarding the ownership of two strips of property that consist of parts of Open Space E and Lot 87 of The Preserve (the "Disputed Premises"). The Complaint requested that the Court order the Iveys to file suit setting forth the basis upon which they claim any right, title, estate, lien or interest in the Disputed Premises. 3. In response to the Complaint, the Iveys filed an Answer and New Matter on July 9, 2008. The Iveys' Answer and New Matter conceded that the Iveys have no ownership interest in any part of Open Space E of The Preserve. 4. The Iveys' New Matter also asserted that they had filed a Complaint against Charter Homes, under Docket No. 2008-3740, in which they had set forth their claims of property rights in the portion of the Disputed Premises that constitutes part of Lot 87 of The Preserve. 5. The Iveys have, in fact, filed a separate action against Charter Homes, which is docketed as David and Carol Ivey v. Charter Homes at the Preserve, Court of Common Pleas of Cumberland County, Pennsylvania, No. 08-3740. 6. In the Complaint filed at Docket No. 08-3740, the Iveys have asserted various claims, including claims pursuant to which they contend they have property rights in a portion of the Disputed Premises. 7. The parties expect that the Iveys' claims to ownership in the Disputed Premises will be resolved through the litigation initiated by the Iveys at Docket No. 08-3740. The parties wish to avoid duplicative litigation that will unnecessarily burden the parties and the Court. 9. The parties stipulate and agree that further proceedings in the above-captioned case are stayed while the Iveys' claims of ownership in the Disputed Premises are litigated in the case filed at Docket No. 08-3740. 10. The parties stipulate and agree that, during the time when the stay of proceedings is in effect, neither party shall be required or permitted to file any pleading, motion, or other paper with the court in the above-captioned case and neither party shall initiate any discovery in the above-captioned case. 11. The parties further agree that the stay of proceedings in this action can be terminated by either Plaintiffs or Defendants for any reason. If any party desires to terminate the stay, it shall provide written notice of the termination of the stay to the counsel of record for the 2 r+ opposing party, and the stay shall terminate on the 21St day after such notice is served upon to the counsel of record for the opposing party. Respectfully submitted, McNEES WALLACE & NURICK LLC Date d a BY Ki brly ? Colonna Attorney I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5278 Attorneys for Plaintiff Charter Homes at The Preserve, Inc. REAGER & ADLER, P.C. By Da 07/ (7 to Jo H. Pietrzak orney 1. D. No. 79538 Linus E. Fenicle Attorney I.D. No. 20944 2331 Market St. Camp Hill, PA 17011 717-763-1383 Attorneys for Defendants David W. Ivey and Carol L. Ivey i? no C7) OF THE PROM -MARY 2010 JAN -5 AN 11 -' 4 7 . CHARTER HOMES AT THE PRESERVE, : IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : Civil Action No. 2008-3687 DAVID W. IVEY and CAROL L. IVEY : : ACTION TO QUIET TITLE Defendants : PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action discontinued with prejudice. McNEES WALLACE & NURICK LLC B 466J? - Kimberly M. Colonna Attorney I.D. No. 80362 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 717-237-5278 Attorneys for Plaintiff Charter Homes at The Preserve, Inc. Dated: January 4, 2010 _ . CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing document was served by U.S. mail, first class, postage prepaid, upon the following: Linus E. Fenicle, Esq. John H. Pietrzak, Esq. Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Kimberly M. Colonna Dated: January 4, 2010