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HomeMy WebLinkAbout08-4587 Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Ph: (717) 232-5000 rlfinck@mette.com GARY AND MICHELLE STOVER, Plaintiffs V. ALTIERI ENTERPRISES, INC., t/a ALTIERI HOMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Bpi- t/SJ7 Gil Ui l 71- oh? CIVIL ACTION - LAW/EQUITY 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 COUNT BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 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 accibn dentro de los prbximos veinte (20) dias despues de la notificacibn 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 accion 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 reclamacibn 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 0 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S, BEDFORD STREET CARLISLE, PA 17013 800-990-9108 11 Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Ph: (717) 232-5000 rlfinck@mette.com GARY AND MICHELLE STOVER, Plaintiffs V. ALTIERI ENTERPRISES, INC., t/a ALTIERI HOMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O ?_ ll ?? 7 c 1 J` ??/M 7 : CIVIL ACTION - LAW/EQUITY COMPLAINT The Plaintiffs, Gary and Michelle Stover ("Plaintiffs"), file this Complaint against Defendant, Altieri Enterprises, Inc. t/a Altieri Homes ("Defendant") averring as follows: PARTIES 1. Plaintiffs are adult individuals with a principal address at 311 Liberty Court, Mechanicsburg, PA 17050. 2. Defendant is a foreign business corporation with a principal address at 9017 Red Branch Road, Suite 201, Columbia, MD 21045. JURISDICTION AND VENUE 3. Jurisdiction and venue are appropriate in this Court because this matter relates to real estate located in Cumberland County. 4. Jurisdiction and venue are appropriate in this Court because the events and transactions giving rise to the Plaintiffs' cause of action occurred in Cumberland County, Pennsylvania. BACKGROUND 5. Plaintiffs entered into an Agreement of Sale for the construction of a home with the Defendant dated July 28, 2007. A true and correct copy of the Agreement and its Addenda ("Agreement") are attached hereto as Exhibit "A" and made a part hereof by reference. 6. As required by paragraph 1 of the Agreement, Plaintiffs tendered $15,000.00 to the Defendant at the time of execution of the Agreement. 7. Commencement of construction of the new home occurred on or before October 1, 2007. 8. Paragraph 11.2 of the Agreement provides that unless extended pursuant to the terms of the Agreement, the new home shall be substantially complete within nine (9) months of the commencement of construction of the new home. 9. Defendant failed to substantially complete the Plaintiffs' new home within nine (9) months as required by the Agreement. 2 10. Defendant's inability to complete the home within nine (9) months was not caused by an act of God, inclement weather, labor disputes, Defendant's inability to obtain materials or labor, or Plaintiffs' failure to make timely payment of progress payments. COUNT I - BREACH OF CONTRACT 11. The averments of paragraphs 1 through 10 above are incorporated herein by reference as if fully set forth. 12. Defendant failed to substantially complete the new home within nine (9) months from the beginning of construction as required by the Agreement. 13. Because the Defendant has failed to substantially complete the Plaintiffs' new home within nine (9) months from the date of commencement of construction, the Defendant is in breach of the Agreement. 14. It is believed and therefore averred that the partially completed new home is not constructed in accordance with the performance standards set forth in the Agreement. 15. Upon demand, the Defendant has refused and continues to refuse to return the Plaintiffs' $15,000.00 down payment. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against the Defendant in the amount of $15,000.00, together with prejudgment interest from July 27, 2007 until the date of judgment and post judgment interest, at the legal rate of six (6%) percent per annum, together with Court costs, and such other relief as this Court deems just and appropriate under the circumstances. 3 COUNT II - UNJUST ENRICHMENT (IN THE ALTERNATIVE) 16. The averments of paragraphs 1 through 15 above are incorporated herein by reference as if fully set forth. 17. Plaintiffs provided a benefit to the Defendant with a value of $15,000.00. 18. The Defendant retained the benefit provided by the Plaintiffs. 19. It would be unjust to permit the Defendant to continue to retain the benefit bestowed by the Plaintiffs without making payment to the Plaintiffs. 20. Plaintiffs have been damaged in the amount of $15,000.00, plus interest, as a result of the Defendant's unjust enrichment. Said damages are continuing. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and against the Defendant in the amount of $15,000.00, together with prejudgment interest from July 27, 2007 until the date of judgment and post judgment interest, at the legal rate of six (6%) percent per annum, together with Court costs, and such other relief as this Court deems just and appropriate under the circumstances. 4 Respectfully submitted, METTE, EVANS & WOODSIDE By: (2.nA?& :4"- 4A Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs Date: July 29, 2008 5 VERIFICATION I, MICHELLE STOVER, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED ? Lai 0 LDJ&?? MICHELLE STO CR 498742v1 .?' ?`'.-' A".• AgfflgI HOMES 'W&m &mlknw isa family Tivdiftao' COVER SHEET COMMU, M/LOT: Foxwood Estates / 11 PROPERTY ADDRESS: 14 Foxwood Blvd. Mechanicsburg, PA 17050 PURCHASER INFORMATION Name(s): Gary & Michelle Stover Address: 311 Liberty Court Mechanicsburg, PA 17050 Home Phone: 717-691-4799 Work Phone (Her) 703-200-2262 Work Phone (Him): 703-869-6306 Agent Name: N/A Broker Name: Broker Address: Home Phone: Office Phone: Cell Phone: Fax Phone: AI?IERI HOMES ""ere Excellence is a Family Tradition' ADDENDUM: GENERAL Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Altieri. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. 1. BUYERS ARE TO RECEIVE A SELLER INCENTIVE OF'/2 OFF TOTAL OPTIONS. THIS WILL BE DETERMINED UPON COLOR SELECTION AT THE DESIGN CENTER. 2. SELLER AGREES TO SPLIT THE 2% TRANSFER TAX WITH THE BUYER. 3. SELLER AGREES TO REFUND BUYERS TOTAL DEPOSIT OF $15,000 IF CONSTRUCTION ON SAID HOME HAS NOT BEEN STARTED IN SIX (6) MONTHS FROM AGREEMENT DATE, THIS AGREEMENT WILL BE NULL AND VOID UPON REFUNDED DEPOSIT. All other items and provisions of the Agreement shall, except as modified hereby, remain in fun force and effect. Purchaser _ V-/\ ?6- Date 7• Z ? -O-7 Purchaser. Date 1-) ? 07 ACCEPTANCE The terms and conditions of the above are hereby ratified, adopted, approved, and confirmed as of $ Z 0 By AuZ7!!7e`entaHv carer sso, . , . h...r lV. :V-114 ?Ia? a ALM:E HOMES 'Where Exae/krim is a Fwws/ Tivdition' AWeement of Sate for Pennsylvania This AWeement of Sale ('Agreement) is made this _ 8 day of July 20Q7 _, by and between Alfieri Enterprises, Inc. doing business as AMW Homes ("Altierl"), and Gary 8. Michele Stover ("Purchases"). That for and in consideration of the mutual covenants and promises of the parties hereto and subject to the conditions hereinafter set forth, Purchaser agrees to buy and Alfieri agrees to construct in its entirety and in a good, workmanlike manner, a residential house for occupancy by Purchaser in accordance with the Plans and Specifications, and as required by applicable law, building codes and performance standards, as hereinafter defined ("New Homel on lot 11 in the subdivision referred to by Albert as Foxwood Estates Cumberland County, in the State of Pennsylvania ("Lot'), also known as 14 Foxwood Blvd. MechorikAxaa. PA 17050 ("Street Address"). The New Home shall be constructed In accordance with all applicable building codes in effect at time of construction of Dw New Home. The parlies acknowledge there exists performance standards adopted by the National Association of Home Builders wNh regard to construction of New Homes. Allied shall comply with these performance standards in construction of the New Home. These performance standards shall prevall M the performance of the Agreement and any arlArallon or adjudkallon of a claim arising under teals Agreement The actual construction, including labor, materials and equipment necessary to produce the New Home, all of which shad be furnished by Albert, is sometimes hereinafter referred to as the (Work"). 1. PURCHASE PRICE, DEPOSIT AND ADDITIONAL PAYMENTS. The price of the New Home being solo hereunder is S 441.480 . as defined in the price summary addendum, which sum Purchaser shall pay to Alfieri in cash or check as follows: (a) S 15.000 upon submittal of this Agreement by Purchaser to Alfieri. (b) S -0- on or before N/A (c) Balance due at settlement and required additional payments towards options herein are subject to adjustments as stated herein. (d) It more than two (2) additional payments: Submit general addendum outlining payment schedule. The required Deposit of 4A% of the total sales price at time of contract, receipt of which is hereby acknowledged, shall be held in a non-interest bearing account by Anted. Once its. design confer process begins arid/or f1A ban approval is acN.wd, t w bbd payments will become non-r ksidabl.. Additional non-refundable payments may be required for purchases made during your selection process. 2 FINANCING. 2.1 Purchaser shah, within five (5) days of the acceptance of this Agreement, make application for a first mortgage and shall, at their sole cost and expense, completely provide all necessary documents and information as may be required by a lending institution. Fab" of Purchaser to complete all necessary documents and pay any cost associated with obtaining said loan shall give Alfieri the right to declare a forfeiture of the Deposit. Purchaser shop obtain a non-contingent written commilnnent within twenty-one (21) days of the date of this Agreement for a first mortgage secured on sold real estate and New Home in the amount of $ T.B.D. 2.2 in the event that Purchaser, through no fault of its own, is unable to obtain and deliver to Aftd a written mortgage conmihnent satisfactory to Alfieri, within twenty-one (21) days from acceptance of this Agreement, then and in such event AMed may terminate the Agreement. Upon such temiiriation Altleri shall return all Deposits paid, thereunder by Purchaser. Mort. at its sole discretion, may extend this fine period for Purchaser to receive a mortgage until such mortgage is approved or derided. it Purchaser has been denied a mortgage loan through a recognized lending iuHtuflon, Allied has the option to consider this Agreement null and void and all Deposit moneys paid to date shall be refunded to Purchaser or, Alfieri has the option to require Purchaser to try to procure a mortgage loan through at least two 12) other recognized lending institutions approved by Allied In writing. If, after this additional effort, Purchaser has rat received a mortgage comrmilment within a time frame specified by AHierl then this Agreement shall become null and void and all ROVMW October 2WO - Penn Mrde -1- ? / GO Deposit money paid to date shag be refunded to Purchaser. 2.3 Purchaser agrees to allow the lending institution to disclose to Alfieri and/or any of it's agents any and all information regarding Purchaser's mortgage ban application, the credit report and any other information connected to Purchaser's mortgage loan, whether in process or approved waiting for settlement. 2.4 if Purchaser makes any financial transaction or any other transactions that would cause the mortgage ban to be denied, then Purchaser will be considered to be in default of this Agreement and Alfieri shag retain the Deposit. 2.5 Purchaser has the right to select the lender of their choice. Purchaser acknowledges they are required to submit application to one lender from Altieri's preferred lender list regardless of whether they use that lender or not. Purchaser and Altleri acknowledge that a financial incentive may be offered in return for Purchaser's selection of a mortgage institution from Altieri's approved vendor list. Once ban approval is secured from the lender, and the Seger and Purchaser have identified a tentative settlement time frame, the Purchaser may not change lending companies. If Purchaser changes lenders and is not ready to close at the designated date, then Seller wig charge interest carry fees as detailed in section 10.2 of this agreement. 3. ARCHITECTURAL AND ENGINEERING FEES. TIME is of the essence in regards to the start of the New Home. Upon release of all contingencies as set forth in this Agreement and subject to any delays caused by Purchaser, developer or any governmental authority, Alfieri will initiate the preparation of the Plans and Specifications. Upon completion of the Plans and Specifications, Afieri will then proceed with the engineering work covered under this Agreement and make application for building permit as soon as practical. It is agreed that if the Work does not go forward, for any reason, including Purchasers failure to obtain financing, then the Deposit and any other nurhoer architectural fees shag be retained by Alfieri to pay for the costs of preparing the Plans and Specifications banns as aforesaid. An itemization of these costs incurred by Alfieri in anticipation of commencing the Work is set forth below. Initial Drafting Costs for Drawing $3,000.00 Partial Drafting Costs for Drawing $75 per hour per revised drawing Site Engineering Costs for Site Plan $1,000.00 Grading Plan $ 550.00 County Building Permit (actual) $1,500.00 - $6,000.00 Permit Processing Service $ 285.00 Altieri's Fee to Process $2A00.00 The Deposit shall not be so retained if the failure to go forward is as a result of a default under this Agreement by Alfieri. THa PARAGRAPH DOES NOT APPLY FOR TOWNHOME& 4. INTERIOR AND EXTERIOR FINISH SCHEDULE AND OPTIONAL EXTRAS. At time of contract, Purchaser must schedule a design center appointment to be held within in ten (10) days of this Agreement. Purchaser agrees to complete the selections required and identified in the price summary addendum attached hereto and made a part hereof. within twenty-one (21) days of this Agreement. It is agreed that if Purchaser does not make selections by such time, Alfieri shag have the right to make such selections, at its sole discretion. Alters reserves the right to substitute selections of comparable quality to those designated in the Plans and Specifications or selection sheets and to make any required changes, which are in accordance with the applicable building codes. It is understood that after Purchasers selection sheets have been completed, they become part of Altieri's construction and finish schedule and the Plans and Specifications and may not be modified by Purchaser. For each day Purchaser delays completion of the selection sheets beyond the time required by this paragraph, the time for completion of the New Home by Afieri or as set forth in Paragraph 11 hereof, shag be delayed at a minimum of two (2) days. In addition to the foregoing, In the event Purchaser delays making such selections for more than five (5) days, then for each day thereafter Purchaser so delays, it shall be charged one hundred fifty dollars (;150.00) per day. If Purchaser changes a selection after the selections have been made and approved by Attleri, then any additional time spent by Alters or its staff in canceling the previous order wi'be handled as a change order. The minimum fee to charge a signed selection will be five hundred dogars ($500.00) per change. Altleri reserves the right to decry any requested change orders by Purchaser at any time after the final selection sheets have been ratified. Purchaser realizes that samples used in the selection process may vary somewhat from products installed. Variables in production mace this unavoidable and Purchaser agrees to accept such immaterial variations. Purchaser Purchaser rearmes that there will be more variations in any natural product selected such as marble, stone, bads wood, etc. The scope of this Agreement does not allow for 'hand picking' material or sending anything bock because it is not an exact match with sample. (NOT ALLOWED TO RELY ON MODEL HOMES, ADVERTISEMENTS, etc...) 5. CHANGE ORDERS. Prior to the completion of the selection sheets and pre-construction meeting, Purchaser may request additional work to be completed or request a deletion from the work, or request a substitution of materials. w.ehm r Revised October 2008 - Peniryhania -2- ?1?/ ?? In the event that the Purchaser deletes any options from the price summary addendum, Purchaser will receive a credit for the value of the option. Alfieri reserves the sole right to approve any such deletions. AFTER THE COMPLETION OF THE SELECTION SHEETS, NO MORE CHANGE ORDERS WILL BE PMMMED. No change, modification, addition, deletion, or redesign shall be valid unless authorized by Altied and Purchaser in writing on a form to be known as a "Change Order". If the amount of the change order is unable to be added to the mortgage amount and unless otherwise detailed in the change order, Purchaser shall pay, at the time the change order is signed by the parties, the amount of costs or expense to Alfieri, in cash or cash equivalent, prior to Alfieri being obligated to perform the work identified on the change order. If Purchaser fans to pay for the change order, as required, then Alfieri will riot perform the work reflected in said change order and the work will be completed as though said change order did not exist. The estimated completion date and delivery of the work shall be extended by time necessary to complete any change order. Any expense incurred by Allied In assembling custom items identified on a change order will be billed to Purchaser as a change order, at rates to be determined by Alfieri. The Price shall be increased or decreased as required by the modifications to the work as identified in change orders. Alfieri reserves the right to refuse to do any change order if, in its sole discretion, the change order would materially affect Altierl s operations or violate local building codes, or any other governmental regulations. Alfieri will most likely refuse to mace last minute changes or changes that will result in tearing out work already installed. Purchaser will not be allowed to request a change order that will adversely affect Altferl's ability to build a complete New Home or Work that may affect any Agreement previously made with an architectural review committee, the County or local applicable governmental authority or a lending institution. 6. INSPECTION/ACCESS. If Purchaser wishes to engage any outside person for advice as to the construction of the Work, then they are free to do so, but Altierf Is not obligated to do additional Work based on their opinions. If Purchaser wishes to have a third party inspect the home at any stage, then Purchaser shall coordinate that inspection with Aft d at a mutually agreeable time. No inspection may occur outside of the presence of an approved representative of Alfieri. Allied will not respond to any third party comments unless submitted to Alfieri in writing through Purchaser. Along with said comments, Purchaser will ensure that the third partes credentials as an inspector are included. In order to compy with insurance requirements and to assure the safety of Purchaser and Altied's personnel, Purchaserwill not have access or entry to the New Home or the construction site during construction, nor may he store any of his possessions in, on, or about the New Home under construction, lot, or the construction site prior to substantial completion and acceptance of title at settlement. Any violation of this Paragraph 6 may, at the election of Attieri, be considered a material breach of this Agreement and, in addition to any other remedies available to Alfieri, Afieri may declare this Agreement void. In such event, Alfieri may retain any amount paid toward the price as liquidated damages. Further, should Purchaser enter the New Home and/or construction site any time in violation of this Paragraph 6, Altieri assumes no liability or responsibility for any Injury suffered by Purchaser or his guests or invffees while visiting the construction site. No failure or delay by Allied to insist upon strict performance of the terms hereof, or of any other Paragraph in this Agreement, shall constitute a waiver of any such tern, or preclude Alfieri from exercising or enforcing its rights under such terms. As used herein, Purchaser shall be deemed to Include members of Purchaser's family, as well as friends and agents of Purchaser. Notwithstanding the foregoing, Purchaser may visit the lot and construction site upon scheduling such a visit with a duly authorized agent of Alfieri. However, it is understood that at no time during such visit, or at any other time, shall Purchaser give written or verbal instructions, orders, directions or questions to Allied's employees and subcontractors, nor shall Purchaser engage any other subcontractor without Al ied's prior written consent. Purchaser shall direct any inquiries or concerns directly to Alfieri's agent or customer service representative. Purchaser shall pay all costs and expenses to correct any defects or damages to any of the Work caused by friends and agents of purchaser or arising from Purchasers interference with Altieri's personnel. No Work will be done on this project by Purchaser or his agents. In addition, the Purchaser wrl be required to pay Alfieri for all costs required to remove changes or validate installation made by the Purchaser and/or restore the home to its proper conditim If the changes made by the Purchaser are shuctur9al, electrical, mechanical, plant tg, or HVAC and Impact the permits of Alfieri ruera.v subcontractors, the Purchaser will be responsible for any permit violation penalties. Allied will not apply or rink install any products supplied by the purchaser. Any violation of this requirement OWN constitute a material breach under this Agreement. 7. RESALE CONTINGENCY. This portion of the contract is not applicable (purchaser's initials CP OR 7.1 This. Agreement shall be contingent upon Purchaser obtaining a contract of sale, acceptable to Purchaser, on their present home. better known as: on or before days from the date of find ratification of this Agreement, by all parties. 7.2 During the. above-mentioned period. Allied's home (contract property) shall remain on the market, for sale, for the purpose of obtaining "back-up" offers to purchase. Rw and October 2MMS - Pennsylvania -3- l?/?? V 7.3 In the event Alfieri receives a second, or "back-up offer to purchase their home that is more acceptable to them than this offer to purchase, they shall give the first Purchaser, above mentioned, or his agent, written notification of receipt of some. The W Purchaser shall then have 48 hours, from the time of receipt of such notification, through self or their agent, to: () Provide Attied with written notification of the release of the contingency of the sale of their home; and continue with this Agreement, to settlement, with all other terms and conditions in this Agreement remaining the same. or (i) Provide Altieri, in writing, within the specified 48 hours, that they choose not to remove the contingency of the sale of their home. At ied then shall have the option of declaring this Agreement null and void. In this event, all further rights and obligations between the parties shall cease and Albert shall be free to enter into a contract with the "back-up" purchasers. At the time Aftd declares this Agreement null and void, Allied shall notify the fast Purchaser, or his agent, in writing and shall promptly refund all money on Deposit to Purchaser under this Agreement. 7.4 If no written response is received from Purchaser within the specified 48 hours of written notification from Allied of receipt of a more acceptable "second" or "back-up" offer, then Alfieri has the option of declaring this Agreement null and void. In this event, all further rights and obligations between the parties shall cease and ARW shall be free to enter into a contract with the 'back-up' purchasers. At the time Allied declares this Agreement null and void, they shall notify the first Purchaser, or his agent, in writing and shall promptly refund all money on Deposit to Purchaser under this Agreement. 7.5 Purchaser agrees to rot the existing residence for sate within five (5) days from the date hereof with a licensed, multiple fated Realtor doing business In the area in which the existing residence is located and to diligently pursue the sale or rental of the existing residence. 7.6 Purchaser and ARW agree that the release of contingency shall deem the earnest money Deposit to be non-refundable by Alfieri to Purchaser. 7.7 Alfieri will not start construction of any residence until all of the following conditions are complete: () all contingencies are released, in writing, by Purchaser. There must be a signed release from Purchaser, (It) a copy of the contract of sale for the purchase of Purchaser's existing residence is received by Aliei (if that sale is contingent, Alfieri may not start the home); (M) a copy of the loan commitment for the new residence is received by Alfieri; (iv) Albert will rot accept liability for the secondary purchasers (the purchasers of Purchasers home); and (v) any sale predicated on Purchaser's sale of their home must be accompanied by a market analysis from their Realtor and a copy of the listing contract. Alted will not accept contracts contingent on resale with sale by owner. & CONSTRUCTION/WORK. 8.1 Allied agrees that the Work shall be completed in a good workmanlike manner according to standard local practices for New Home construction in Curnbedand County, Pennsylvania, for single-family residences. Subject to the terms and the qualifications of this Agreement construction shall be in accordance with the Agreement's Plans and Specifications agreed to between the parties, which are attached hereto and made a part hereof ("Plans and Spedflcofions"). All blueprint details are ?' - approximate and represent exterior dimensions. Actual dimensions will vary but will not exceed the Residential Corshuction Performance Guidelines as adopted by the National had& Association of HorntAxAlders. Plans and Specifications, which include but are not limited to the site plan, record plat and architectural drawings, are instruments of service belonging to Atiieri and shall not become the property of Purchaser, whether or not the Work is commenced or completed Purchaser may not use the Plans and Specifications for any other purpose without the prior written consent of AMA Attied shall be the sole interpreter of the Plans and SpecWkxr ions. Purchaser acknowledges that no structural changes, square footage changes, floor plan alterations, or any other such changes or variations from the Plans and Specifications are inckrded in the Price. AN such changes and variations shall be at an additional cost and expense to Purchaser and shall be handled by change order as set forth in Paragraph 5 hereof. 8.2 Alfieri reserves the right to make such changes or substitutions in the construction, materials, and equipment with respect to the work, as may be required, authorized, or approved by the WKkV institution or governmental agencies having jurisdiction thereof, if required, together with such other reasonable charges as Attled may deem necessary by reason of unavailability of certain maledais or equipment or by reason of peculiar engineering and construction requirements or topography of the lot. Altteri reserves the right to modify the location of mechanical and electrical equipment such as HVAC, water heater, sump pump, vertical flue, water storage tanks, pkxmbing equipment, etc. as required to meet engineering, construction, best use, equivalent function or code requirements. 8.3 It is further agreed that the location of the driveways, walkways, patios, grading, planting, and landscaping, including the disposition of eAslirg trees and the control of water flaw, the inclusion or exclusion of retailing walls, and other site details are subject to change at rf"N Revbed October 2406 - PerwwoveMa .4- / (44'° the reasonable discretion of Alfieri, depending upon site or job conditions encountered or any governmental authority having jurisdiction. Purchaser hereby expressly recognises that grades, area, and location of walkways, building and unit area may not necessarily conform to those of the aforesaid plans. 8.4 Alfieri has created and retains ownership of all architectural plans, site plans, specifications, drawings and any and other documentation associated with the construction of the New Home on the lot. These items are copyrighted by Allied and can be used by Purchaser only for this particular project on this particular lot. Reproductions of these Plans and Specti'icalions are strictly prohibited. The plans shall remain the property of Alfieri and are not for use by Purchaser or any other party. 8.5 The location, area and ground elevation of the New Home on the lot: elevation of the dwelling unit the location of the basement exit, It applicable: and the reversing of the plan, if necessary, to conform to the existing contours are to be determined by Alfieri with an engineer's recommendation. 8.6 Unless otherwise specified in this Agreement, all cleared materials within the "units of clearing" defined as twenty-five (21) feet from the foundation, will be removed from the LS site and no Work will be done outside the '1 tuffs of clearing" by Affied except as required by the Installation of driveways and UtIHIO . Homesites of one acre or more will have a limited amount of disturbance, which usually results in a minimum amount of fine graded area for naeeanr seeding with the remainder of the homesite left undisturbed. Alfieri is not responsible for "iOas' removal of logs, dead branches, dead trees, stumps or debris in undisturbed areas of large one acre plus lots. THIS PARAGRAPH NOES NOT APPLY FOR TOWNHOMES. 8.7 Alfieri agrees to maintain 'builders risk insurance' on the building to be constructed at Alder's expense. 9. NEW HOME PRE-SETTLEMENT ORIENTATION. The parties hereby agree that approximately ten (10) days prior to substantial completion of the New Home, as defined herein, Purchaser and Allied shah, during normal business hours, inspect the New Home and nxrtuaNy note in the quality control inspection report, provided by Al ied, any incomplete ffems. Thereafter, either on the day before or the day of the issuance of a certificate of find inspection, by the appropriate governmental authority Purchaser and Altted shall, during normal business hours, re-inspect the New Home and indicate which items listed in said quality control inspection report have been completed. During the official quality control walk-through, Purchaser, Purchaser's real estate agent and Alden s representative will be the only people in attendance. Thereafter. Purchaser agrees to hold Alfieri free from liability for any visible defects not specifioolly noted in said quality control Inspection report which could reasonably have been observed at the time of inspection, other than liability for defects covered by warranties, express or implied, statutory or otherwise. A fieri hereby agrees to correct the items on the quality control inspection report as promptly as weather, workload and avaNabiflly of materials permit. At the discretion of AItieri, settlement shall not occur until all items from the quality control inspection report have been corrected and approved by Alfieri. It Purchaser moves any belongings into the New Home or occupies the New Home before all of the punch-list work Is completed, this is a material breach and Purchaser waives all of its rights to have said items repaired unless Alfieri agrees in wri ft to repok said items after occupancy. It is understood and agreed that subsequent to occupancy, Purchaser shah provide access to the New Home during normal business hours to Alfieri and its representatives for completion of the Item(s) set forth in the quality control inspection report. The denial of such access by Purchaser shall constitute a waiver by Purchaser of its right to have such Work performed, and shall further constitute a waiver of its right to enforce any warranty obligations. All Inspections of the Work and improvements to the Work shall occur between Mondays through Friday during the hours of 7:30 A.M. to 4:00 P.M. 10. SETTLEMENT. 10.1 After completion of construction in accordance with Paragraph 11, Alfieri shall give Purchaser at least fort~t hours (48) hours notice of settlement. Purchaser understands that the settlement date may cbange unexpectedly due to conditions not under the control of Al ied. Upon payment by Purchaser of the balance due hereunder and expenses of settlement and all proper fees and charges in connection therewith, Alfieri shall execute and deliver a deed containing covenants of special warranty and further assurances conveying the property to Purchaser. title to be good and marketable, free of Hens and encumbrances except as specified encurbrances except for use and occupancy restrictions of public record, publicly recorded easements for public utilities and any other easemenh which may be observed by an inspection of the property. 10.2 in the event Purchaser falls to settle on the date of settlement as herein provided, the "total purchase price" may, in Al ieri's sole discretion, be increased by a late settlement charge equal to OAS% of the "total purchase price" for each day following the date that such settlement was to have occurred until settlement. 10.3 in this Agreement, the parties agree that the cost ofd recordation taxes and state and local transfer taxes shall be paid by Purchaser. AN settlement costs, fcluding but not Revised October 2408 - Pwasylvanis -6- / r-? 5 limited to, recording fees and conveyancing, title search and insurance, survey, mortgage fees and prepaid expenses will be paid by Purchaser. Taxes and charges of every kind against the property, which are or may or may not be payable on an annual basis, including but not Fruited to, metropolitan district, sanitary commission, or other benefit charges and assessments for water, sewer, drainage or other public New Homes and for the use thereof, shall be apportioned between Purchaser and Alfieri as of the date of settlement and shall be assumed and paid thereafter by Purchaser. If Purchaser elects not to accept the builder incentive package then Allied will not pay any portion of the state transfer tax. All costs in excess of the 1% that are associated with the recordation taxes and state and local transfer taxes shall be paid by Purchaser. AN settlement costs, including but not limited to, recording fees and conveyancing, title such and insurance, survey, mortgage fees and prepaid expenses will be paid by Purchaser. Purchaser shall pay for the cost of all transfer tax and documentary stamps. Purchaser and Alfieri acknowledge that a financial incentive may be offered in return for Purchaser's selection of the lender and title company from Atlieri s approved vendor list. Purchaser has the right to select his awn title insurance, settlement, or escrow company or title attorney. 11. TIME 11.1 The date of commencement of construction of the Work will be the worldng days when all of the following items are complete: 0) this Agreement is fully executed and all deposits have been made; (d) a building permit and all necessary approvals and permits have been obtained from the appropriate County or local applicable governmental authority by Allied at its sole cost and expense, which permits Alfieri shall diligently pursue; (in) Purchaser provides evidence to Alfieri or of his ability to pay the Price as set forth in the draw schedule in the form of a firm, written corn mil ment for the loan; (v) approval from the architectural review cornmittee, R applicable which approval shall be diligently pursued by Alfieri; and (vi) satisfaction of the financing contingency as described in Paragraph 2. 11.2 The entire price due hereunder shall be paid to NOW on the date of substantial completion of the work. For the purposes of this Agreement, Purchaser shall be deemed to be able to occupy or utibe the New Home for use as a personal residence upon issuance of a final inspection certification by the appropriate County or local applicable governmental authorities and upon completion of the work including punch-list items. This shall include full utility service to the lot. Unless extended pursuant to the terms of this Agreement, the New Home shall be substantially completed within nine (9) months of the commencement of construction of the New Home. However, tl Afieri is unable to complete the New Home by the aforesaid date because he shall be so delayed in the progress of construction by an "act of God, inclement weather, labor disputes, AHied's Inability to obtain materials or labor, or Purchaser's failure to make timely payment of progress payments as set forth in the draw schedule, Purchasers failure to make limey selections, and any other causes beyond the reasonable or practical control of Alfieri, Including, but not limited to, change orders as a result and pursuant to this Agreement; in any one or more of such events, the substantial completion date shall be extended for a reasonable period of time, but in no event less than a period of time equal to such delay. 11.3 Between November 1 st and June 15, the Work shall be considered substantially complete and ready for occupancy under the terms hereof even though exterior painting, lot grading, seeding, sodding. planting, retaining wads, patios, fences, sidewalks and/or driveways and other minor items of a cosmetic or seasonal nature are not complete. No escrow will be withheld from Alfieri and no draw will be delayed due to inability to complete exterior work because of weather conditions. 11.4 Under no circumstances shad Purchaser occupy the New Home until final payment of the price is made and all defects and "punchdsP items noted on the quality control inspection report have been completed. In the event Purchaser occupies the New Home before final payment of the Price is made, any and all warranties, of whatsoever kind, given to Purchaser hereunder or by law, shall be void and of no force and effect and unenforceable against Alfieri. Further, *KxAd Purchaser violate this section, then Purchaser will owe Alfieri one hundred fifty dollars ($150.00) per day extra for each day Purchaser occupies the New Home in violation hereof. Purchaser will also be liable to Allied for any additional expense incurred by Alfieri as a result of premature occupancy. Any violation of this paragraph will be deerned a material breach of this Agreement. 12 MANDATORY DISPUTE RESOLUTION. If a dispute should arise between the parties under or in connection with this Agreement the parties shall promptly meet and attempt in good faith to resolve the dispute. Any unsettled disputes, regardless of amount, shall be decided exclusively by arbitration in accordance with the applicable ales of the Mandatory Arbitration Rules then pertaining. The award rendered by the arbitratorwld be final, and judgment may be entered upon, it accordance with the applicable law in any court having jurisdiction thereof. The award of the arbitrator shall include an award of reasonable attorneys fees for the prevailing party. Unless otherwise instructed by the Purchaser, in writing. MQeri may carry on the work and maintain Us 141progress during any arbitration proceedings. Alfieri shad be entitled to receive Its draws for the work. unless ?uchmw the work disputed is the subject of such arbitration proceedings. THIS PARAGRAPH SURVIVES SflTLEMEM. aMab RWIWW OftW 2006 - Pennsylvania -4- ( / fL 13. TERMINATION OF THE AGREEMENT BY ALTIERI. In addition to any right to terminate specified elsewhere in this Agreement, Allied may terminate this Agreement If O) Purchaser fails to make a payment due hereunder or otherwise defaults after written notice thereof to Purchaser and a reasonable opportunity to cure; (1) Purchaser falls to accept title and tender funds called for herein at the scheduled settlement time, or n Purchaser, or any agent, affiliate, successor or related person thereto interrupts, impedes or otherwise disrupts completion of the Work as set forth in Paragraph 1 l hereof. If Alfieri is unable to initiate the construction of the home within a period of 180 days from the date of this contract due to Governmental actions, moratoria, legal actions, architectural committee action/homeowner association actions, or lack of a building permit, then Altfed has the option of terminating this contract. Should Alfieri exercise this clause, It will return all deposits to the Purchaser and this contract will be terminated. Without irmiting the generality of the forgoing, the commission by Purchaser or any person apparently acting on Purchaser's behalf, of any verbal or physical threat or abuse against any employer, agent, contractor, subcontractor or other representative of Attied shall be conclusively deemed a mutual disruption of completion of the work herein, enifiing Alfieri to terminate this agreement herein, and to the remedies as set for in the following paragraph. Verbal abuse or harassment in person, via telephone, or email by Purchaser or any person acting on Purchaser's behalf shall also be considered a mutual breach of the contract entitling Alfieri to terminate this agreement. In the event of such termination, Purchaser shall forfeit and Atfied shall retain Purchaser's Deposit, which Deposit shall include all nonrefundable advances for opfkmd extras referred to in Paragraph 4 above and all payments received as Alt ed's sole remedy hereunder, and thereafter both parties shalt be relieved from further liability hereunder. In the event of termination, Allied shall recover from Purchaser any other right or amount available to Alfieri pursuant to the terms of this Agreement and may seek specific performance of this Agreement or any part thereof in any court of competent jurisdction. N Alfieri and Purchaser resolve to continue, the time for substantial completion shall be amended for a number of days, which is two (2) times the number of days the progression of Work was delayed. 14. TREES AND LANDSCAPING. Aflied may remove trees from the lot as it may deem necessary and it shall riot be responsible for any damage to or destruction of the remaining trees during the process of construction or thereafter. Any shrub, plant, tree or sod planted by ANieri Homes as part of the landscaping package that are alive as of settlement package and die thereafter are not the responsibility of Afieri Homes. This is the responsibility of the buyer. Aided Homes does not take responsibility for un-wafered lawns, plants or trees. In disturbed areas, which have been graded and seeded, Alfieri Homes' policy is to provide seed and straw with 75% germination/coverage providing the buyer maintains proper care of the burn. Raking, removal of straw, watering, fertilization and re-seeding are the buyer's resporulbtity. Aftleri Homes will re-seed bare spots in the lawn one time in the spring or in the fall of the fist year as appropriate. Purchaser shill not plant or install any trees, shrubs, or mailboxes or take any action that interferes with or encroaches upon or impacts on public rights of way. 1& GOVERNMENTAL ACTIONS. In the event governmental codes and regulations affecting the work are changed after the date of this Agreement, which changes require additional cost to Alfieri, or any other governmental action imposed adds additional costs to complete the work, Allied may, at its option, require Purchaser to pay for those costs. All notices of violations of County or State or local applicable governmental authority orders or requirements noted or awed by the County or State in which the lot is located, or prosecutions in any of the Courts of the State or elsewhere on account thereof against or affecting the Work or New Home at the date of settlement of the Agreement, shall be compiled with by Allied and the Work or New Home conveyed free thereof. 16. WARRANTIES. Alfieri provides no express wamonties. Purchaser is entitled to the benefit of all implied warranties consistent under applicable Pennsylvania taw. Allied hereby disclaims responsibility for all warranties on any consumer products installed in the New Home, including, but not limited to. appliances, air conditioners, fumace, floor coverings and water heaters. This disclaimer does not affect the warranties, N any, provided by the manufacturers of such items, which warranties will be assigned to Purchaser at settlement. 17. SUB-SURFACE CONDITIONS AND LOT. 17.1 In ent that Alfieri shall rock, stone, water, or removal of trees or 'ng in addillormd or other sub-nxfoce co g /With or pfpd uding the of basement. any of the N Home In f1le manner in the PIa and alions, Pur pay, u said deco ,the cost of forthe a Work and 6?S necessary to to the construction according to the price summary addendum and l any change orders. 17.2 Alfieri is relieved of arty responsibitty as to dampness of the basement until the lot has been seeded, grass has gram, dirt is placed high around the New Home and ebows and splashblocks are extended on all downspouts. The discovery of underground springs I R-1 0ctober2006-Pennsy1van1a ?aeboaer NSA beneath the foundation will be remedied with the recommendation of an engineer and in accordance with state and county or local applicable governmental authority regulations. The buyer acknowledges that he/she understands that it is not uncommon for the budder to discover water courses or underground springs when digging the foundation of the home. In such cases, A tied will remedy this situation based upon recommendations of an engineer and in accordance with state, county and local applicable governmental authority regulations. 17.3 Purchaser will be responsible with respect to any wells dulled on the property, well depth, yield of well, well going dry and/or type of water produced. Any remedies or corrective measures necessary to correct the water type and/or conditions, and any chlorination tests, which may be required so that water will meet and pass County and/or State and/or local applicable governmental authority Health Department Standards shall be the sole responsibility of Purchaser. 17.4 In the event that the appropriate authority will not Issue any permit necessary for construction of the New Home without a change of grading, or the imposition of unusual sediment control or storm drainage or sediment controls in order for the permit to be issued, or Purchaser may declare this Agreement null and void and the Deposit shall be refunded, less any expenses. Allied shall not be responsible, nor does Alfieri make any representations as to hydric sods, wetlands or upland wetlands, or any other representations as to the quality or suitability of the soil located on the construction site. 17.5 After settlement, Albert shall not be Gable for any erosion on the lot caused by weather. 18. SURVEY/TERMITL In connection with your purchase of the New Home, a Licensed Pennsylvania Surveyor will be engaged to prepare a location drawing. A location drawing Is generally satisfactory for purpose of either purchase or refinancing. Since a location drawing Is not a boundary survey and does not identify property corners or lines physically established on the ground, State Regulations require us to have this approval form signed. If you wish, the surveyor can be engaged to perform a boundary survey, which includes a location drawing described above. This survey will mark property boundary comers, and can be used for various purposes, for example. erecting a fence, a garage, pod, or other improvements on the property. A location drawing will cost approximately $250 A boundary survey which includes a location drawing will cost approximately 5500 I / We approve the preparation of a location drawing. I / We have read and n understand that, in the absence of any problem revealed by or during the preparation of this drawing, It hrrchwer will be all that is required for settlement. him to QV1 1 / We request a boundary survey that will include a location drawing, and will choic*. Went" property boundary lines and mark property boundary comers. I/We have read and understand 'rem that this may not be required for settlement purposes and will increase the cost of the services. Purchaser agrees to reirnburse Allied for the costs of the termite treatment at settlement. THE LOCATION DRAWING IS THE ONLY CHOICE FOR TOWNHOMES. 19. RADON GAS. Alfieri makes no representations of any kind, about the existence of, or acceptable levels of, radon gas or any hazardous substance, on the let or in the New Home, or elsewhere. Purchaser understands that Allied cannot and does not warrant that any radon gas-related testing has been done, or will ever be done, on the let, in the New Home, or in the surrounding area The warrantles provided herein are hereby expressly limited to preclude any recovery for radon4elated or hazardous substance conditions, and Purchaser hereby assumes any risk thereto. Purchaser hereby releases Alfieri from any claim he may ever have of any kind against Alfieri, in anyway related to the existence or amount of radon gas or hazardous substances, If any, on the lot, in the New Home, or in the subdivision. 20. PURCHASER'S WARRANTIES. Purchaser represents to Alpert that he has axarninod the let and that he has not rolled upon any sales plans, adverlbemeM, brochure, rep e-mviaMon, warranty, model, or staternent of any nature made by Allied or otherwise, Including but not NrnRed to the description, physical condition, or ananilles of the New Home or the subdivision when completed, the size or the dirnensions or charactwisfics thereof excepl as set forth in the Plans and Specillcallorm Allied has mode no representallon or statement other then as herein speciflcally set forth. 21. PRIOR WRITTEN AND ORAL STATEMt:91T8 OR PROMISES. ORAL STATEMENTS OR PEOMIMES OFTEN CAUSE SERIOUS DISPUTES BETWEEN ALTIERI AND P11,:O PURCHASERS OF NEW HOMES: THIS PARAGRAPH OF THE AGREEMENT ATTEMPTS TO y-F- ALLEVIATE POTENTIAL PROBLEMS. UNLESS OTHERWISE SPECIRCALLY STATED HEREIN, NO ?vwchaa. Ma h RwAaW Odobw 2008 - Psnmylvw1a _ 8 - (1?\ IYj qk5 ORAL MODIFICATIONS TO THIS AGREEMENT SHALL BE ENFORCEABLE UNLESS SIGNED BY ALL OF THE PARTIES HERETO. PURCHASER ADDITIONALLY RECOGNIZES THAT ALTIERI SHALL HAVE NO RESPONSINLTTY FOR ANY REPRESENTATIONS BY ALTIERI, ITS AGENTS AND/OR EMPLOYEES, SUBCONTRACTORS OR ALTIERI IF NOT SPECIFICALLY SET FORTH IN WRITING AND MADE A PART OF THIS AGREEMENT. THIS AGREEMENT CONTAINS THE FINAL ENTIRE AGREEMENT BETWEEN THE PARTIES HERETO. 22. ASSIGNMENT. It is distinctly understood and agreed that Purchaser or Alfieri cannot assign this Agreement without the prior written consent of the other party. In no case can the written consent of either party be unreasonably withheld. 2S- ADMINISTRATIVE TIME As part of this Agreement, Alfieri has allowed thirty (30) hours of administrative time to assist Purchaser. This time includes pre-construction meeting, selection assistance by sales, pre-settlement demonstration (2 hours), plumbing, NVAC, electric, pre-drywall), a meeting with a private inspector, and pricing of three (3) custom options. TIME spent will be during normal business hours (9:00 A.M. to 5:00 P.M., Monday through Friday). If Purchaser requires attention and time other than during normal business hours, then the time will be charged (or deducted from allowed time) at double time. Additional time requested by Purchaser will be charged as a change order at the rate of W dollars ($50.00) per hour. 24. ADVERTISING. Purchaser authodaes and grants Attieri permission to take pictures before, during and after the work and to use, those pictures in advertisements, displays, or promotions at Attleri's discretion, and authorizing Allied to place advertising signs on the lot during construction, provided such signs are in conforrnttywith applicable sign ordinances. 25. CONSUMER NOTICE. Attieri and Purchaser have received a Consumer Notice Form, as required by state law, which is made a part of this Agreement. 26. SEWAGE TREATMENT. This property Is corrreefed to the F A Ir sews. If Properly is not connected to public sewer, Purchaser acknowledges receipt of proper addendum 27. OFFER TO PURCHASE Purchaser acknowledges that this Agreement as signed by Purchaser alone consulates an offer to purchase and that this Agreement shall not be binding upon Allier! until executed by Alfieri. The agent or representative recommending approval is not Allied. This offer by Purchaser is revocable only by written notice of revocation given to and received by AHted prior to acceptance by Alfieri. 28. MISCELLANEOUS. 28.1 The Invalidity or unenforceabiy of any provision of this Agreement shall not affect the validity or enforceability of arty other provision set forth herein. 28.2 The principals of this Agreement mutually agree that it shall be binding upon them, their and each of their respective heirs, executors. administrators, successors, and assigns: provided, however, that Purchaser shall have no right to assign this Agreement without the prior written consent of Alfiei. 28.3 This Agreement contain the final and entire Agreement between the parties hereto, and they shall riot be bound by any terms, conditions, statements, warranties or representations, oral or written, riot herein contained. 28.4 Agreement shall be construed and interpreted in accordance with the laws of the State of Pennsylvania. 28.5 Notim required to be given to Auiert by this Agreement shall be in writing and effective as of the. date of which such notice is delivered to Adler! at 9017 Red Branch Road. Suite 201, Columbia, Maryland 21045. Notices required to be given to Purchaser by this Agreement shall also be in writing and effective either when delivered to Purchaser or mailed to Purchaser's address indicated below. RevieW WOW 2006 - Penrry aft -9- 1 JAN, ??? Street Address: City & State: IN WITNESS WHEREOF, the undersigned hereby ratify, accept and agree to the above Agreement and acknowledge it to be their act. Purchaser Date: ) Purchaser. QV/l? if Date: 7-,:;,79-o7 ACCEPTANCE The terms and conditions of the above are hereby ratifted, adopted and con as of Q / fyrt Aced Re Reviaad Odobw 2006 - Perm"Wanin HOMES 'Wham Excd/knce is a family TindW07 INCENTIVE ADDENDUM Standard Agreement of Sole Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Altled. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. rurchaeer and ANNA acknowledge Not Purchaser has ow absokrte fight under law top! - any recopbed lender kom whtah to procure a nodgoge conwnNm*rr! and to select Nre line Compaq to handle Nre setNwrwwt on Nw fled ? "way kvnaeNon m Nsled le Nfe above referenced Agreement of Sale. In - 1 11- n, P wehoser aid Anted odmowledge tot ANM has the absokate rW* under law to oiler Incmdlws le Nre yurehmer to sheet ANfed'a approved mortgage lender and pndwred TWe Company. Purdrasw adraowbdgos b responnbOy to fuN¦ pre obNgarmu as spedlNd In the Agnornm0 of sale, kwkding, but not Nmiled to. making prompt; dNlgent and huff*d appNcaMon wN 6 7 days of the date hereof to: Lender: First Horizon Address: 9515 Deereco Rd, Ste 302 Office/Fax Phones: Timonium, MD 21093 410-308-1547 fax 410-308-1832 Loan Officer. Bill Matson TM* Company: Fountainhead Title Group Address: 200 Bailey Drive, Ste 201 Stewartstown, PA 17363 Office/Fax Phones: 717-993-9921 fax 717-9938091 Contact Person: Kim Schertle PURCHASER MUST INITIAL ONE OF THE FOLLOWING: 1. t' Purchaser hereby indicates that financial incentives have been received from Aftri in return for selecting Altieri's approved mortgage lender and preferred rifle Company as listed above. The financial incentives are listed below: A) The amount of contribution paid towards allowable closing costs is up to; 1 /2 of Transfer Tax and inclusive of any contribution towards state or local transfer/recordoflon fees and any mandatory contribution towards state transfer taxes for first time homebuyers. Alfleri's approved mortgage lender may contribute a portion of the total allowable closing costs referenced above. If the amount of allowable closing costs is less than the specified amount of contribution, the unused portion will not be refunded. The amount of contribution paid towards options as shown on the price summary addendum is 13.000.00 All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. Purchaser Date 12A6 7 Purchaser A 1 yid Date jQ? C l ACCEPTANCE The temp and cone ftni; of the above are hereby raffled, adopted, approved, and coMirmed ar of d By 'P rd October 2006 - PermovaNe A ITIM ' 'H0 Minn 'Where Excellence is a family Tradition' ADDENDUM: AGENCY DISCLOSURE Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Altied. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. UNDERSTANDING WHOM REAL ESTATE AGENTS REPRESENT Before you decide to will or buy or rent a home you need to consider the following Information. Agents Who Represent AitW gamAlbert's agent works for the real estate company that fists and markets the property for Alfieri, or landlords, and exclusively represents Altieris or landlords. That means that he or she may assist the Purchaser or tenant in purchasing or renting the property, but his or her duty of loyalty is only to Altieris or landlords. Albert pays Allied's agent's fee as specified in a written listing agreement. Coooenelina Aaerrt: A cooperating agent works for a real estate company different from the company for which Albert's agent works. The cooperating agent can assist a Purchaser or tenant in purchasing or renting a property, but his or her duty of loyalty is only to Alberts or landlords. The cooperating agent's fee is paid by Alfieri or landlords through Altieri's agent's company. Agents Who Represent the Purchaser Presumed Purchaser's Agent (no written agreemeefx When a person goes to a real estate agent for assistance in finding a home to buy or rent, the agent is presumed to be representing the Purchaser and can show the Purchaser properties that are not listed by the agent's real estate company. A presumed Purchaser's agent may not make or prepare an offer or negotiate a sale for the Purchaser. The Purchaser does n2t have an obligation to pay anything to the presumed agent. If for any reason the Purchaser does not want the agent to represent him or her as a presumed agent, either initially or at any time, the Purchaser can decline or terminate o presumed agency relationship simply by saying so. Purchasers Agent (by wrMten agreement): A Purchaser or tenant may enter into a written contract with a real estate agent which provides that the agent will represent the Purchaser or tenant in locating a property to buy or rent. The agent is then known as the Purchaser's agent. That agent assists the Purchaser in evaluating properties and preparing offers, and negotiates in the best interests of the Purchaser or tenant. The agent's fee is paid according to the written agreement between the agent and the Purchaser or tenant. If you as a Purchaser or tenant wish to have an agent represent you exclusively, you must enter into a written Purchaser agency agreement. Dual Agents The possibility of dud agency arises when the Purchaser's agent and Altieri's agent both work for the some real estate company, and the Purchaser is interested in property listed by that company. The real estate company, or broker, is called the "dual agent." Dual agents do not act exclusively in the Interests of either Alfieri or Purchaser, or landlord or tenant, and therefore cannot give undivided loyalty to either party. There may be a conflict of interest because the interests of Alfieri and Purchaser may be different or adverse. if both Allied and Purchaser, or landlord and tenant, agree to dud agency by signing a Consent For Dual Agency form, then the real estate company (the "dual agent") will assign one agent to represent Alfieri or landlord (Altieri's "intro-company agent") and another agent to represent the Purchaser or tenant (the Purchaser's "infra-company agent"). Infra-company agents may provide the same services to their clients as exclusive Albert's or Purchaser's agents, including advising their clients as to price and negotiation strategy, provided the clients have both consented to be represented by dual agency. M..er 2eei .' . 1 /? r.ws?ynraela °°?? ff?? If eMtrer party does not agree to dud agency, the real estate company may withdraw the agency agreement for that particular property with either the Purchaser or Aitied, or both. If Altied's agreement is terminated, Alfieri must then either represent him or herself or arrange to be represented by on agent from another real estate company. If the Purchaser's agreement is terminated, the Purchaser or tenant may choose to enter into a written Purchaser agency agreement with an agent from a different company. Alternatively, the Purchaser or tenant may choose not to be represented by an agent of his or her own but simply to receive assistance from Altieri's agent, from another agent in that company, or from a cooperating agent from another company. No matter what type of agent you choose to work with, you have the following rights and responsibilities in selling or buying or renting property. Real estate agents are obligated by law to treat all parties to a real estate transaction honestly and fairly. They must exercise reasonable care and diligence and maintain the cordkk" fatly of clients. They must not discriminate in the offering of properties,, they must promptly present each written offer or counter offer to the other party, and they must answer questions truthfully. Real estate agents must disclose all material facts fhaf they know or should know relating to a property. An agent's duty to maintain confidentiality does not apply to the disclosure of material lack about a property. All agreements with real estate agents should be in writing and should explain the duties and obligations of the agent The agreement should explain how the agent vAl be paid and any tee- sharing agreements with other agents. You have the responsibility to protect your own interests. You should carefully read all agreements to make sure they accurately reflect your understanding. A red estate agent Is qualified to advise you on red estate matters only. If you need legal or tax advice, it is your responsibility to consult a licensed attorney or accountant. Any complaints about a real estate agent may be Sod with the Pennsylvania it" Estate Comn*sion at P.O. BOX 2649, Harisburg, PA 17105-2649. The phone number is (717)763-3658. All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. This notice is information required by law and is NOT A CONTRACT . We, the Purchasers/Tenants acknowledge receipt of this disclosure and that AMkri Homes (firm name) and _Sandy WRidnson (salesperson) are working as AMted/Landlord's agent . We further understand and acknowledge that AMiert Homes (firm name) and Sandy WNdnson (salesperson) may also be the Purchaser's Agent. Notice: Only the principals of Allied are able to agree to any contract. No party, agent, or other individual is allowed to enter into an Agreement on behalf of Alfieri. Z L?-? -11 Purchaser Date --SL -?l aij01 Purchax Date Mu eb tN1 .2- 0J-U:S- rsyrvam V Y ALTIM ' HOMES '"ere Excellence is a family Tradition' ADDENDUM: PROCESS & PROCEDURE Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Altieii. in the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. In keeping with the time frames detailed in your sales agreement, please be advised of the information listed below: Loan Process: 1)•?lr /Y,,;_ (Purchaser initials required) As stated in Section 2 of the sales agreement, the Purchaser has 5 days to make loan application for this contract of sale. As stated in Section 2 of the sales agreement, the Purchaser has 21 days to have formal loan approval in order. House Plan Sign CW. ? 645 (Purchaser initials required) Altieri Homes company policy requires sign off on base house plans with highlighted options at time of contract. Design Center: 4 ?/CC? , (Purchaser initials required) Altleri Homes company policy requires your design center appointment to be held within 10 days of contract. Requirements for this policy are as follows: 1. Your design center appointment must be scheduled at time of contract with your community sales manager. 2. Your design center appointment Is structured as a 5-hour appointment with a design center staff member. 3. It is important to remember that appointments are scheduled during normal business hours for the design center and these appointments typically occur during weekdays so plan accordingly. Scheduling: ?V/GKS (Purchaser initials required) Section 23 of the Standard Sales Agreement and / or Section 25 of the Custom Home Agreement define normal business hours of the company. It is Important to remember that all appointments are scheduled during these normal business hours for Altieri Homes, which typically occur during weekdays. You are encouraged to plan accordingly around personal and work schedules in order to have all administrative processes needed to start construction within 30 days after contract. Ravhed October 2006 '17c xw (? C54? 5 J i? ?I ?I I? ?I I? ?I I? ?I I ?I ? ?I I I) ?I ? ?I I II I OK 4K .11 a V < Ulf pL11F1U HON 'Where Excellence is a family Tradition" ADDENDUM: ESTIMATED COSTS AND RETURN CERTIFICATION Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This Addendum is attached to and forms and integral part of the certain afore mentioned Agreement between Purchaser and Altieri. In the event of any conflict between the items and provisions of this Addendum and those of the Agreement, the items and provisions of this Addendum shall control. Consistent with the requirements of Title 49 - Professional & Vocational Standards, Chapter 35 - State Real Estate Commission, Section 334. Purchaser shall be provided the following by the Brokers involved in the transaction: "Statement of Estimated Cost" to Purchaser: Purchaser hereby attests to the following: "I/We have read and received a copy of the estimated settlement costs and estimated monthly carrying charges prior to the signing of an Agreement of Sale to purchase the Property noted above. "I/We understand that the above costs are estimated and based on the best information available at this date and that they are subject to change, particularly in the case of the escrow charges such as taxes, water and sewage, rent and insurance." All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. Purchaser: Date: _ ?? -r?'1 Purchaser: - C-I?ua Date: a8 - o ACCEPTANCE The terms and conditions of the a^biov are hereby ratified, adopted, approved, and confirmed as of tQ ? By , P Adfho " 7 ? epre Kitchen Countertop: Laminated, self edged, choice of colors. Vanity Cabinets: To match kitchen cabinets, dimensions per plans in hall and master baths. Vanity Tops: White on white cultured marble, integral bowl in hall and master baths. Butler's Pantry: "Optional". Wet Bar. "Optional". )MI. CLOSET SYSTEM i BATH ACCESSORIES: Closets/Pantry: Vinyl clod wire shelving and hanger system in all closets and pantry per plan. Baths: Powder room - chrome towel bar and paper holder with oval beveled glass mirror. Master bath - chrome towel bar and paper holder. Hall bath - chrome towel bar and paper holder. A Range: GE-cleaning gas range or equivalent (white or almond with black door). Cook-top: "Optional". Dishwasher. GE Potscrubber or equivalent. Range Hood Vent: Standard without exterior venting. Disposal: GE or equivalent. Refrigerator. "Optional". Washer/Dryer. "Optional". Microwave: "Optional" without exterior venting. Appliance Colors: See Design Center Consultant for available colors. XIX EXTERIOR FINISH: Front Stoop: Concrete. Leadwalk: 3 ft. wide, concrete. "Optional" 4 ft. wide leadwalk. Walkout Door Slab: 3' X 5' poured concrete pad. Exterior Lights & Lamp Post: Standard black iron style. Mailboxes: Standard black iron style, location determined by developer. Driveway: Concrete. For "optional" side entry garage, standard pad is 20 ff. by 30 ft. Landscaping: Weather permitting, sodded front yard and seeded side and rear yards. Only those areas disturbed by construction will be seeded. Front yard will include mulched bed with shrubs. Public Walks: Located per site plan I applicable. Electric Transformers: Located in right of way areas per utility plans. Builder cannot specify or detail location of transformers, house meters or other structures associated with cable and phone service. The undersigned hereby acknowledge that they have read and reviewed the plans and specifications dated Altierl Homes continually strives to improve its product line. Therefore, all plans, specifications and prices are subject to change without prior notice. However, changes or substitutions in material or specifications during construction are to be of substantially equivalent quality and value. All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect Purchaser Date - f? Purchaser (ynu Date ACCEPTANCE The terms an conditions of the above are hereby ratified, adopted, approved, and confirmed as of By 6rized s ativ rawr.a sept r *w s, 2016 -4. at - area per plans. Icemaker Connection: Standard. Basement Rough4n: Standard 3 piece. Location determined by builder. Sub Slab Ventilation: "Optional" passive ventilation provided via 3" PVC beneath stab and vented to exterior. Laundry Tub: XI FIREPLACES: "Optional", location per plan. . Gas Fireplace: Standard with slate surround in family room. "Optional" raised hearth, XIL HEATING t VENTILIATION mantel and various other surrounds available. Type: : Forced air, multiple return system. Heating/Cooling System: Manual J per plan, natural gas. Natural gas for first zone and if applicable, for second zone. Ductwork: Metal and flexible duct. Ventilation: Powder room and baths: exhaust fans. Zones: As specified below, modifications to square footage may require a secondary zone. Bradford-0ne zone. A?' Abbott Lawrence-one zone. Careron-one zone. L M h oncos r-one zone. Chades WRRam-one zone. Kenton-one zone. 6 o e 9 P nd ll n-oe zone XIIL ELECTRICAL- Service: 200 AMP standard. Wiring: Household circuits, copper, heavier circuits, aluminum SEU/SER cable. Exterior Outlets: Two GFI outlets, located at front and rear of house. Telephone: Three standard locations in kitchen, master bedroom and one to be determined by purchaser. Doorbell: Front door with chime in foyer. Lighting Fixtures: Per schedule and plans per community. Smoke Detectors: Per County plans. Television Wiring: Two standard locations per house. Lamppost: Standard. Floodlights: XIV. INSULATION: "Optional". Exterior Framed Walls: 3 5/8" butt with R-13 rating on 2 X 4 walls. Basement Walls: Bott insulation with facing to below grade with R-i l rating. Flat Exterior Ceilings.. Blown fiber insulation with R-30 rating. Air Sealant: Caulking at exterior joints, seams and openings around door and window jambs. Caulk or Insulate all exterior panel joints, around window and doorjambs and electric and plumbing penetrations. Overhangs: 6" bait with R-30 rating. Cathedral Ceilings: "Optional'. House Wrap: XV FLOOR FINISH: "Optional'. . Foyer. Hardwood. Powder Room: Hardwood if adjacent to foyer. Vinyl N adjacent to kitchen. Kitchen: Standard with vinyl. Baths: Standard with vinyl. Hardwood/Ceramic: See Design Center Consultant for details. Carpet/Pad: XVL CABINETRY- See Design Center Consultant for details. Kitchen: 42" oak cabinets (raised panel). Any extensions affecting the kitchen area will not automatically odd cabinets. See Design Center Consultant. rROVIN" 8"*Gmbw A sus .:. VI CO) Glazing: Double pane insulated glass, except basement utility windows. Half Screens: On all windows except foxed windows. Trim: Window sill with 2'A" trim below; window return is drywall. VI. FLOOR & STAIR SYSTEM: Joists: Minimum 2" X 10" kiln-dried 16" O.C. per plan. Subfioor. Glued and nailed, %" tongue and groove OSB. Main Stairs & Rails: Carpet grade stairs (with white painted or oak stained balusters). Basement Staos & Rails: Pine box with drywall to basement per code. Step Down in Family Room: "Optional". VII. INTERIOR WALLS: Partitions: Minimum 2" X 4" studs at 16" O.C., 9 ft. high ceilings on all floors per plan. Drywall: %" gypsum board; waterproof board in tub/shower area. In garage, there is fire rated drywall on ceiling and all wails, which will be taped only. Joint Treatment: Tape, comer bead. Paint Finish, Ceiling/Walls: Latex flat, two coats of paint; limited choice of colors; semi-gloss trim. See Design Center Consultant for optional upgraded colors and finishes. Pre-hung sic panel doors or equivalent. Closet: Pre-hung sic panel doors or equivalent. Door Hardware: Schloge locksets, or equivalent with polished brass finish. Door Trim: 2'/." beaded edge casing, finger joint. "Optional" 3'/," available. Base: 3'/," wood, ogee, finger joint. "Optional" 5'/." available. Door & Trim Paint Finish: Latex semi-gloss paints; limited choice of colors. Mouldings: Crown moulding in dining and living rooms. Chair rail in dining room only. Windows: "Optional" casing. Decorative Columns: "Optional". Display Niches: "Optional". IX EXTERIOR DOORS & TRIM : Front Entrance Door. Fiberglass door, wood frame with compression weather stripping. Garage/Mud Room Entry: Insulated steel with compression weather stripping. Garage Door. Non-insulated steel door without glass windows and with compression weather stripping. Breakfast Area: 5' or 6' vinyl sliding doors with colonial gull and screen per plan. Door Hardware: Schloge exterior locks or equivalent. Note: All polshed brass will tarnish when exposed to the elements. This is a normal occurrence and is not covered by warranty. Trim Finish: X PLUMBING: White aluminum or vinyl. Water Piping: CPVC. House Drain/Groundwork: PVC. Water Heater. 50 gallon, natural gas. Sump Pump: Standard, Installed in optimum location. Exterior Hosebibs: Front and rear locations per plan with interior shut-offs. Kitchen Sink: Double bowl stainless with single lever faucet by Moen or equivalent. Powder Room: Pedestal sink with chrome faucet by Moen or equivalent. Secondary Baths: Hall bath - one piece shower/tub enclosure in bone or white finish with chrome faucets (Moen or equivalent). Master bath - one piece shower/tub enclosure in bone or white finish with chrome faucets (Moen or equivalent). "Optional" separate shower combination with glass door (clear or obscure needs to be specified) with chrome faucets by Moen or equivalent. "Optional" brass finishes. Water Closets: Round front 1.6 GPF water conserving toilet or equivalent. Whirlpool: "Optional". Aker or equivalent in Neu of soaking tubs when optional tub selected. Washer/Dryer Hookups: Electrical hook-ups and "optional" natural gas. Located in laundry Rwwa sepbiwbw 16 2110411 ?? '_/ .2- :ALT ' HOMES e•e 'Where Excelknce isa Family Tradition' SPECIHCATIONS (PACKAGE Q ADDENDUM: FOXWOOD Purchaser Name: Gary & Michelle Stover Subdivision/Homesite #: Foxwood Estates / 11 Date of Agreement: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Alfieri Homes. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. 1. FOUNDATION/BASEMENT: Footings: Poured concrete (8" X 16" on eight-inch wall areas and 8" X 20" on ten- inch wall areas per plan). Foundation Walls: 8" or 10" poured concrete wall, 8 ft. high ceiling in basement per plan. Exception: If a walkout condition exists, it is at the builder's discretion to utilize either poured concrete or framing with 2" X 6" studs for the rear wall. Girders: Steel beams per plans. Concrete Floor. Wire mesh over 4 mil poly on 4" gravel base. Dampproofing: Foundation walls below grade. Interior perimeter drain tile. Basement Windows: Aluminum: location per plan. Basement Exits: Walkout with sliding glass door or 3 ft. parallel areaway. "Optional" 6 ft. areaway. "Optional" larger windows in lieu of standard basement windows available on walkout lots. Location of exit will vary per site 11 EXTERIOR WALLS conditions and will be determined by builder/engineer. . : Framing: Walls: 2" X 4" wood studs - 16" O.C. - typical, per plans. Sheathing: "Fiber Brace" sheathing or 7116" OS8 sheathing at builder's discretion. Siding: Standard vinyl 5" double dutch. Rakeboards, Fascia: Aluminum with synthetic board per plan. Soffff and Comerboard: Aluminum and synthetic board per plan. Bay Windows: "Optional". Virryl/aluminum and synthetic board details per plan with shingled roof. Shutters: Plantation style per plan. Brick Front Elevations: Brick is standard in assorted colors not including returns. See design consultant for information regarding brick colors. Full Stone Front: "Optional", areas with stone may not necessarily include returns. See III ROOF SYSTEM sales manager for details. . : Trusses: 24" O.C. with 6/12 or 8/12 pitch per elevation. Conventionally framed rafters in select locations per plan. Cathedral Ceilings: "Optional" in master bedroom. Sheathing: 7/16" OSB. Shingles: 30 year fiberglass over i 15 felt underlayment. Vent: SPOUTS O Standard ridge vent per plan. : IV, GUTTERS A D WN Gutters: 4" seamless aluminum. Downspouts: 2" X 3" aluminum with PVC splashblocks. V. WINDOWS: Standard: Single hung vinyl window. Colonial grill between glass. R-1- M s.111rar.s.r so teas - - V ,e. ALTIERI ' HOMES "When Excellence Is a Family Tradition" ADDENDUM: PURCHASER'S RECEIPT OF PUBLIC OFFERING STATEMENT Purchaser Name: Gary & Michelle Stover _ Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This Addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Alfieri. In the event of any conflict between the items and provisions of this Addendum and those of the Agreement, the items and provisions of this Addendum shall control. The undersigned Purchaser(s) of the above referenced Property acknowledge they have received a Public Offering Statement as required by the Pennsylvania Uniform Condominium Act or the Pennsylvania Uniform Planned Communities Act. They also acknowledge their right to cancel the Agreement to purchase this Property within (15) days after first receiving the Public Offering Statement and all currently effective amendments thereof. All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. Purchaser _ Date 2-9 Purchaser I AU- Date '1- a q 01 ACCEPTANCE The terms an c nditions of the above are hereby ratified, adopted, approved, and confirmed as of RIZ101- . By 0 Al Mwah 2"1 Fa.o 1 of 1 remm"hMma jr?) ME H061FS "Where Excellence is a Family Tradition" RECEIPT OF "OUR NEW HOME MANUAL" Purchaser Name: _ Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Alfleri. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. Purchaser acknowledges that they have received the "Our New Home" workbook. Within this workbook is the Home Care Manual, which outlines our warranty policies and other valid information regarding the purchase of an Altied Home Purchaser. Date 2d` Y Purchaser bS!/zl?4 j6jA1_ Date -7I ZQ /C,7 ACCEPTANCE The terns and conditions of the above are hereby ratified, adopted, approved, and confirmed as of & 001, By P . AO*?? e esen Rsrisad Apr12004 -I- • ALTME ' HOMES ..•.• "When EAXWICace is a Family Trodifioa" ADDENDUM: MEDIATION Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This Addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Altieri. In the event of any conflict between the items and provisions of this Addendum and those of the Agreement, the items and provisions of this Addendum shall control. The Purchaser(s), Altieri and Broker(s) agree that disputes relating to this Agreement of Sale SHALL be submitted to mediation in accordance with the rules and procedures of the dispute resolution system established by the Greater Harrisburg Association of Realtors, and that if any agreement is reached by the Purchaser(s), Altieri and broker(s) pursuant to a mediation conference, it shall be binding upon them. Costs of mediation to be shared equally by Purchaser(s), Altieri and Broker(s) named in the dispute. This duty to mediate disputes shall survive final settlement. All other items and provisions of the Agreement shall, except as modified hereby. remain in full force and effect. Purchaser ? kl--XT-- Date Zg? Purchaser C& 1?14 Date ACCEPTANCE The terms d conditions of the above are hereby ratified, adopted, approved, and confirmed as of Z By A t uW ah 2"1 .11. EHOWS `Where Excelknce is a Family Tradition" ADDENDUM: HOUSE LOCATION Purchaser Name: Gary & Michelle Stover Subdlvision/Lot: Foxwood Estates / I I Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Alfieri. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. Purchaser needs to select one of the choices: q ?z KS A) Regarding the house location, Purchaser agrees to comply with the kw&% recommendation of an engineer and to follow all applicable governmental requirements. Altied will site the house in an optimal location with an appropriate and cost effective manner. Factors affecting the house location include but are not limited to the building restriction lines, lot clearing, driveway length, distance to utility connection, constraints of a well and septic system, topography of the lot, close proximity to the front of the lot and minimal amount of dirt redistribution with regard to the garage being placed on the high side of the lot. I_ B) Regarding the house location, Purchaser would like to site the house ? according to the attached drawing and following all applicable governmental requirements. Taking into consideration the factors affecting the house location as referenced in item A, changes beyond the optimal location chosen by Altieri may result in additional fees being incurred by the Purchaser. All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. Purchaser. Date 1 ' 2 Purchaser. Date - - D? ACCEPTANCE The temps and conditions of the above are hereby ratified, adopted, approved, and confirmed as of Rlzl©?__. By u -I- 0g@ffl*:H0hMES "Where Excellence is a Family Tradition" ADDENDUM: HOA DISCLOSURE Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 This addendum is attached to and forms an integral part of the certain aforementioned Agreement between Purchaser and Alfieri. In the event of any conflict between the items and provisions of this addendum and those of the Agreement, the items and provisions of this addendum shall control. Purchaser acknowledges that the Property is subject to a Declaration of Covenants, Easements and Restrictions for the Foxwood Estates Community and for the operation of the Home Owner's Association. This Declaration provides, among other things, for the maintenance and control of the open spaces in the Community, easements and fights for development of the Property, architectural control and requirements, assessments for maintenance and operation of the open spaces and Community Association. Purchaser agrees to be bound by the provisions of this Declaration and the regulations and By-Laws of the aforementioned Association, and to pay the assessments established therein. Purchaser acknowledges receiving a copy of the Declaration, either at the time of or prior to, execution of Agreement. If Purchaser does not settle, for any reason, and the documents are not returned to Altieri in excellent condition, then $250.00 will be withheld by Altieri from Purchasers' deposits. All other items and provisions of the Agreement shall, except as modified hereby, remain in full force and effect. Purchaser Date -] 2-6 --0 Purchaser L2V?'?vr?l Date -l -9 4. - o7 ACCEPTANCE The terms ar conditions of the above are hereby ratified, adopted, approved, and confirms s of By Au eprese March 20011 POWNWh-ft Dual Agency: Dual agency is a relsfionsbip whore the licensee aces as the agent for both the seller/landlord and ft Wyer/tmant in We same traction with the written ceneent of all parties. Dust agents owe the additional chilies of: • Taking no action that is adverse or detrimental to either party's interest in the traction. • Unless otherwise agree to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract • Confidentiality, except that a licensee is required to disclose known material defects about the property. Designated Agency: In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confidential mfi m uc a The designated agent(s) shall have the duties as listed above under seller agency and buyer agency. In designated agency, the employing broke will be a dual agent and have the additional duties of _Taking reasonable care to protect any confidential information disclosed to the licensee. • Taking responsibility to direct and sopuvm the business activities of the hoe== who represent the seller and buyer while taking no action that is adverse or detrimental to either party's i lerest in the transaction. The desigwacn may take place at the time that the parties eater into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed. Transaction Licensee: A twnsactien licensee is a broker or salesperson who provides communication Of document pteptaa M services or performs other acts for which a license is rngoira I WITHOUT being the apd or advocate for either the selleMandlord or the buyeettenwt Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed: • The sellwilandlord will accept a price less than the adingllisting price. • The bayerItenant will pay a price greater than the price submitted in a written offer. • The seller/landlord or buyer/tenant will agree to 8ianeiog trams other than those offered. Other information deemed confidential by the consumer shall net be provided to the transaction licensee. OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS The following are negotiable and shall be addressed in an agreemmUdisclosrue statement with the licensee: _The duration of the employment, listing agreement or contract. • The fees or oommi • The scope of the activities or practices. • The broker's cooperation with other brdim , including the sharing of fees. Any sales agreement must aontam the zoning classification of a property except in cases where the property is zoned solely or primuily to permit single-family dwellings. Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, murepreseotation, or deceit in a real estate transaction and who has been unable to collet the judgment after exhausting all legal and equitable remedies. For complete details about the Purl, call (717) 793-36% ACBNOWIaDGNUM I acknowledge that I ban received this disclosure. Date: u `l r Cln c F oUt' 2 Au ?? Print (Canau ma) Print (Consruna) Print ( )) ,i-t (Consumer) d 1tm Signed Ca er) Signed (Consu w) Signori ( inter) Signed (Consumer) Address (Optional) Address (Optional) Address (Optional) Address (Optional) Phone Number (Optional) Phone Number (Optional) I certify that II have provided this document to the above consumer. Date: SANDY WI IQNSON c+1;a.t Pent (Licensee) -- gocd (I iceosoe) Adopted by the State Red Estate Cosanisdoo at 0 P36 Code ¢33.336. 2°' Page Consumer Notice "- -66 Q1W CONSUMER NOTICE THIS IS NOT A CONTRACT Purchaser Name: Gary & Michelle Stover Subdivision/Lot: Foxwood Estates / 11 Agreement Dated: 7-28-2007 Pennsylvania law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase residential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of the tenant of the business relationsbips permitted by the real estate licensing and registration act This notice rout be provided to the eoesamer at the first contact where a sabdantive discussion show red estate ocean okss as oral disdosore bas bees previously provided H the oral disclosure was provided, this notice mast be provided at the in* meeting or the first that a property is sown to the coma' by the broker or salesiserson- Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRZSZNT 94G YOU. A business rdaNowhip of any kind will NOT be preaamed but must be established between the comumer and the Mcensee. Any licensee who provides you with real estate services owes you the following dories: • Exercise reasonable professional skill and care which meets the practice staff required by the Act • Deal honesdy and in good fain. .Present, in a reasonably ale period of time, all offers, oamteavllers, notices, and communications to and from the parties in writing. The daty to present written offers and counteroffers may be waived if the waiver a in writing. • Comply with Beal Estate Sella Disclosure Act • Account for escrow and deposit finds. • Disclose all conflicts of iatereat in a reasonably practicable period of time. • Provide assistance with document pcepariifian and advise the consumer regarding com&uce with laws pertaining to real estate transaction. .Advise the consumer to seek expert advice on matters about the transaction that an beyond the licensee's expertise. • Keep the consumer informed about the tmnsectim and the tasks to be completed. .Disclose financial inaerest in a service, such as financial, title transfer and prgarertion saviors, inamance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used. A licensee may have the following busmess relationships with the consumer- Seller Agency: Sella agency a a relationship wbere the licensee, upon entering into a written agreement, works only for a sells/ landlord Seller's agents owe the additional duties of • Loyalty to the selkdlandlad by acting in the seiler's/laudlord's best interest. • Confidentiality, except that a licensee has a duty to n:veal known material dam about the property. • Making a aoretinreoms and good faith effort to ford a buyer for the property, except while the property is subject to an existing agreement _Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent. A seller's agent may compensate other brokers as subagents if the seller/tandlmd agrees in writing. Subagents have the same duties and obligations as the sdler's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents. If you enter into a written agreement, the kiansees in the real estate company owe you the addgiend duties identified above ender sells agency. The exception a designated agency. See the designated ageary section m this notice for more information. Buyer Agency: Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Bayer's agrees owe the additional dories of • Loyalty to the bayer/tmant by acting in the bayer'shenant's best interest. • Confidentiality, except that a hicensee is rexprire I to disclose known material defects about the property. • Making a continuos and good faith effort to ford a property for the buyer/tmant, except while the bayer/teosnt is subject to an existing contract .Disclosure to other parties in the transaction that the licensee has been engaged as a buyees agent A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the selledlandlord, will represent the inbaests of the buyediamant. If you eater into a writban agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for mere information. \Pt ' OXS Pre-Construction Meeting: L/?_ (Purchaser initials required) At the Pre-CornkucKon MeeN np - No changes will be allowed to the house plans. Purchaser. Date ?b Purchaser XN lr2e4 Date '7- 4? -o ACCEPTANCE The terms and conditions of the above are hereby ratified, adopted, approved, and confirmed as of 7.A U By uth . presen I ReviwW October 2008 ALTIERI HOMES DESIGN CENTER DISCLAIMER-FWii DISPLAYSAMPLES: Our samples suggest goods to be delivered, and are only typical of the general color and marking, but an exact match is neither implied nor guaranteed. The statement pertains to all samples In the Design Center, such as stone, brick, paint, carpet, vinyl, laminates, solid surface countertops, cabinets, hardwood, etc. CARPET CHARACTERISTICS: Carpet dye lots will vary between samples and the actual carpet Installed in your home. Carpets are subject to color changes and fading. Areas exposed to sunlight are subject to a more dramatic color change and darker colors tend to fade more than light colors. Shading is an apparent color change that is most evident in cut pile carpets. This condition does not involve a true color change, but rather a difference in light reflections as tufts are bent in different directions by traffic or vacuuming. At different times of the day, from various directions, you will see highlights and dark shades in your carpet. No carpet is stain proof! Though treated with some form of stain protection, and claimed stain resistant by the manufacturers, carpets can and will stain. All carpeting will experience filtration soiling, defined as accumulation of airborne soil, dust, smog, tobacco smoke, and other pollutants where airflow is concentrated and directed over a carpet's pile. Filtration soiling does not indicate a defect in carpet. Carpet will also show tracking and vacuum marks, and will mat down In traffic areas. Seams will show in your carpet and there may be some peaking at the seams. Berber carpets show seaming more than other carpets. CERAMIC TILE CHARACTERISTICS: Ceramic tiles will vary in shades, color, and finish, as no two tiles are exactly alike. These characteristics are conditions Inherent in the product and are considered to add to the aesthetic beauty. A listeilo stripe or accent tiles in a backsplash may interfere with electrical outlets on the wall. Accent layouts vary from house to house and may vary due to the Installer's Interpretation and Installation. Tile that Is cut will not have the same smooth edge as a finished tile. MARBLEANDGRANITE: Marble and granite are products of nature. Natural color, patterns and veining in marble and granite will vary from one the or slab to another, and from one area to another. Marble is soft and scratches easily. Seams in solid surface countertops are typical and are dependent upon countertop layout, support needed and material usage. Installer determines seam placement. HARDWOOD: Hardwood flooring is a natural product that develops character with age. Its' natural variations in graining and color are what make it desirable. Natural occurring wood characteristics such as variations in grain, color, mineral streaks, and knots are not considered defects. Hardwood expands and contracts according to moisture and temperature levels. Gapping of hardwood up to the thickness of a dime is considered normal. Each piece of flooring sands differently depending on Its grain type, making It virtually Impossible to attain a completely flat surface. Minor differences in the height are to be expected. Due to color variations of product and/or samples, Altieri Homes is not responsible for the consumer matching flooring to other wood products, such as cabinets, stair railings, trim and mouldings. CABINETS: Cabinet doors and structures are made of wood, a natural product with Irregular grain and knots. Natural woods may vary in color, characteristics and exhibit subtle changes as they age. Sunlight, smoke, household cleaners and other environmental conditions may also affect the color match over time. These variations are considered to be the nature of the material and variations in grain structure are not considered defects. I/We understand that by signing below we aelmowledge that I/We have read and reviewed the above stated information. // Y n y Pur r (Read, Reviewed & Agreed) Purchaser Read, Reviewed & Agreed) - o7 Date S' -19 -07 Date MHBR No. 7 N a Dm aC N E vi 0 NZ D m - Q Q 75 so O -0 0 co W [ :;= 0- O Q?0- „ZI ?M 0 M M a m O ch 1 } co .0- c N N? D> 'co s~l -? 2 ..,r co M L Y U- D rnU Dm 3 c:2 wo•cD? Q0 U o N U XN r- N C? I vw Z/ L Jall!d c ? m M , 4) N o o co C'l m?•cN? XN -- ---- Or??N W ail 8w Q A a o„ 0Q iA Est I s? I? 14 ??V ?N N-i ?(nT ((tS?? rrryry 4 N% 1 FUler 3.. fmor ®3" r N Q Q ? OP ? t? 73 m S? 11 B lit Fitle+r ® 3 F I s I ?s 1 'II 1 1 1 N i 1 , , r ; , , , 4 , Ftl ? 3 Filler '02, 1 1 ? T I co w?< r j.j,4 O t %- 0- 0 FiL --- ?® 5' 1jer Fillers Q.NN N?? ? !2 -? ?j 6 S Q j b 0 o m?x??c? ; Q 1 2„ rs © / ? Fille d 1 1/2„ Fillers @ YypCS t,) 0 70 U3 ? N N rs ,Z Fille QED .Q `?o ate. 0 O 0 R} C v+ tD Q? Ull X } H s? N lot e? p P I 'IR COL. b? 114' Tr n a ©N will MR = w Or N A 02 Mer 0 1 /T CooktoP CA ® 51" t M Purchasers: Gary & Michelle Stover Selection Date: 8/13/07 Model: Randolph/II Address: TBD a etin Hardwood Ceramic Resilien Type Color Stock Number Grade Dinin Room Carpet Aspen Lakes Sunstruck 00200 U 3 Stud Carpet Aspen Lakes Sunstruck 00200 U 3 Great Room Carpet Aspen Lakes Sunstruck 00200 U 3 Stairs/Hall Carpet Aspen Lakes Sunstruck 00200 U 3 Master Bedroom Carpet Aspen Lakes Sunstruck 00200 LI3 Bedroom 2 Carpet Aspen Lakes Sunstruck 00200 U 3 Bedroom 3 Ca rpet Aspen Lak Sunstruck 00200 U 3 Bedroom 4 Carpet Aspen Lakes Sunstruc k 00200 U 3 Basement stairs Carpet Aspen Lakes Sunstruc k 00200 U 3 Theater Room Carpet Aspen Lakes Sunstruck 00200 U 3 Exercise Room Carpet Aspen Lakes Sunstruck 00200 U 3 Basement Stora a Room Carpet Aspen Lak Sunstruck 00200 U 3 Rec Room Carpet Aspen Lakes Sunstruc k 00200 U 3 Foyer Hardwood Gunstock CB421 Std Powder Room Hardwood Gunstock CB421 Std Kitchen/Breakfast/ Butlers Pantry Hardwood Gunstock CB421 Upg 1 Pan Mudroom Resilient Kennett S Can on Ride KS161 U 1 Laundry Resilient Kennett SQ/Cleffnont KS232 U 1 Master Bath Floors Resilient Kennett S Clermont KS232 U 1 Master Bath Tub Deck Ceramic White 6x6 Std Master Bath Shower Walls Ceramic White 6x6 U 1 Hall Bath Floors Rtafflot Kennett S Clermont KS232 U 1 Basement Bath Floors Resilient Kennett SQ/Clerrnont KS232 U i Padding: Upgrade 2 padding to all carpeted areas Tub/shower surrounds: White I/We understand that by signing below we acknowledge that these Final Selection Sheets represent the final selections for my/our home. This document is a legal and binding contract between the below-signed home Purchaser(s) (hereinafter called "Purchaser") and Altieri Homes. It Is the Purchaser's responsibility to ensure that the cost of the upgrades is added to the sales price and subsequently, the mortgage amount. In the event that the upgrades are not reflected in the mortgage amount, Purchaser agrees to pay the outstanding amount to Altieri Homes at the time of the signed Change Order. Purchaser is responsible for the accuracy of all features, products, model numbers and color selections. Any changes made to the above selections must be approved by Altieri Homes and will be assessed a minimum change order fee of $500.00 - this fee is non-negotiable and non-refundable. Payment must be made directly to Altieri Homes, payable at time of change. Purchaser ( ad, Reviewed & Agreed) Date urg AirUn, 9-1-07 P er (Read, Reviewed & Agreed) Date Seller MHBR No. 7 Designer: Brashears 8/17/2007 Date 1 0 Model: Randolph/II Address: TBD Kitchen Bath Faucet • Kitchen: Moen: Salora: Stainless: 7570SL • Powder room/Hall bath/Basement Bath: Moen: Chateau: Chrome: Lavs: L4621, shower/tub: L2353 • Master bath: Moen: Chateau: Chrome: Lavs: L4621, shower: L2352, roman tub: T990/4999 Plumbin HVA • 3 Piece rough-in • Ice maker hook-up • Gas lines: fireplace, cooktop • Double bowl sink In hall bath • 50 and 75 gallon water heaters (2 water heaters in total) • Shower seat to master bath, per plans • Full bath to basement, per plans • One piece surrounds to hall/basement baths • Shower pan to master bath Vent cooktop to outside Electrical • 7 telephone prewires: kitchen, all bedrooms, basement, study • 9 cable prewires: great room, all bedrooms, theater room, basement (3) • 3 additional interior outlets to basement (by cable prewires) • Ceiling outlet for future projector to theater room Dedicated outlet to garage • Surround sound prewire to theater room, 4 locations • 2 garage door openers w/ exterior keypad • 4 recessed lights ILO fluorescent + one above sink to kitchen • 1 recessed light above master bath shower • 4 recessed lights to finished basement 8 ceiling mount lights to finished basement • (storage area to basement to Include ceiling mount light (s) and outlets) • 2 ceiling mount lights (1) to study and (1) to master sitting area • Dimmer switch to basement recessed lights • Dimmer switch to kitchen recessed lights • 5 ceiling fans: 1558-85 (Acanthus) to all bedrooms and great room • Executive lighting package: Canterbury, nickel/pewter finish: 2 Story Foyer: 3414-786; Dining room: 3413-786; Breakfast room: 31051-962; Master/Powder Room: 40011-773; Hall Bath: 40010-773; Ceiling Mount: 77050-962 • Exterior lighting: (Black) Front entrance/garage (2 lights to garage: one on either side of doors): 8840-12, rear entrance: 8812-12 • Lamp post: (Black) 8238-12 Designer: Brashem 8/17/2007 t S. Purchasers: Gary & Michelle Stover Model: Randolph/II Selection Date: 8/13/07 Address: TBD nterior Doors rims Mouldin Hardwar • 2 pc. Crown moulding in living room, (where appticable) dining room • 2 pc. Chair rail in dining room • 6 panel interior doors • Schlage round brass knobs/hinges on all interior doors • Interior trim package: 2 1/4" beaded casing on interior doors, 3 1/4" base moulding • Chrome trim in baths • Obscure shower doors Paint Selection • Exterior Trim: One Coat White • Front Door: Duron: Persian Plum • Interior Walls: Antique White • Interior Trim: Brite White Appliance • Appliance color: Black on Black • 30" gas cooktop: JGP990BELBB w/ 2 (2) burner modules: JXGB90B • Grille: JXGG90L and Griddle: JXGL90L for cooktop Dishwasher: GLD680ONBB • Double oven: JTP55BMBB • _ Microwave: JNM1731DMBB Disposal: GFC520F • Refrigerator: PSS26MGTBB • Washer: WCVH6600HBB • Electric Dryer: DCVH660EHBB Kitchen Cabinets Counterto • Gourmet layout w/ butlers pantry • 42" Cabinets: Classic F.P. Maple: Square, stain: Wiley Brown • Countertop: Corian: Matterhorn, ogee edge • 2 sided 11" overhang to island, per attached layout • 24" depth cabinet above fridge, per attached layout • Vent cooktop to outside • NO Hardware Bath Cabine Master/Hall/Basement: Sussex R.P. Oak, stain: Gold • Double bowl sink in hall bath • NO Hardware iiCultured Marble Counterto • Master bath/Hall Bath/Basement Bath: Country Gray/White #117 Sinks oilet • Pedestal sink in Powder room • Kitchen sink: stainless steel, single bowl undermount: Blanco: 510-876, 10" depth Bath Fixture Colo • Powder room/Hall bath/Master bath/Basement bath: White Purchasers: Gary & Michelle Stover Designer: Brashears 8/17/2007 Selection Date: 8/13/07 4 ? FOXWOOD ESTATES, LOT 11 FINAL SELECTION SHEET Purchasers: Gary & Michelle Stover Selection Date: 8/13/07 Model: Randolph/II Address: TBD Garage: Left Foundation 8 ft foundation wails . Full finished basement w/ full bath, per plans Walkout or 3 ft parallel areaway, lot depending Brick to grade, front only, including returns Exterio . Roof Shingles: 30 year, dimensional, Tamko, color: Rustic Black . Brick front, not including returns: Brick selection: Monticello w/ gray mortar Brick to grade, front only, including returns, brick selection: Monticello w/ gray mortar Siding: S" double dutch, Revere Siding color: Canyon Clay Battenboard Shutters: Dinesol: Black 3 ft wide cement leadwalk . Cement stoop and step Front door: 6 panel fiberglass with sidelights and transom Garage: 2 car, 2 door, front entry garage, non-insulated, color: White 2 garage door openers w/ exterior keypad Housewrap Screw all subflooring 12'x 20' trex deck w/ vinyl handrails and steps to grade Trex selection: Gray Structural . 9 ft. main level ceilings 2' rear extension (all floors), per plans . 12'x 20' trex deck w/ vinyl handrails and steps to grade Trex selection: Gray . Master bedroom expansion over garage, per plans Full finished basement w/ full bath, per plans Modify shower from 3'x5' to 3'x7', per plans Shower seat to master bath, per plans . Delete wall to master sitting area, per plans Add storage area to basement, per plans Carpet grade stairs 6 ft windows, 16t level, front elevation only, per plans . Single hung windows Window to hall bath, per plans Stain rails to match hardwood, balusters stained Fire lace • Gas fireplace with slate surround/hearth in family room Designer: Brashears 8/17/2007 Aitieri Homes Change Order Addendum a .6 Page i of 2 Designer: Brashears C onstruction Status: Contract Submitted X Change Order #: FW11CO Pre-Con meeting Today's Date: 8/13/2007 Foundation Community/Lot: Foxwood Estates/11 Framing Homeowner(s): Gary & Michelle Stover Pre Close - In Model/Elevatlon: Randolph/11 Drywall ** THESE CHANGES ARE REFLECTED ON THE FINAL SELECTION SHEET This Addendum to the Agreement of Sale Is kpally bindng on Buyer and Seller upon acceptance of Seller. All terms, conditions, and provisions of the aforementioned Agreement of Sale apply to this Addendum as though fully stated herein. Buyer and Seller agree to the following changes to the Agreement of Sale (Clearly write `add' or `delete' or'modify with and option charge. Wherever necessary, charges must be accompanied by nnoM numbers, color sdecftu, and make of pro*At ) 1 A dd additional light to garage 200.00 2 Add 2 garage door openers 960.00 3 Add exterior heyped .00 4 Add u 1 to basement bath 7.00 5 Add rifle option to cooktop 240.00 6 Add riddle option to cooKop 140.00 7 Add microwave: 3NM173IDNBB 750.00 8 Add u 1 hardwood to brew butlers pantry $3,664.00 9 Add u 1 vinyl to paintryffigWroom 129.00 10 Add u 3 corian w 2 skied overhang, 767.00 11 Add undermount sink: Blanco 510-876 500.00 12 Add salora faucet to kitchen: 7570SL 295.00 13 Mod cabinet above frill to 24" depth 200.00 14 Add refrigerator PSS26MGTBB $1,890.0.0 15 Add 4 recessed lights ILO fluorescent 490.00 16 Add u 1 vinyl to master bath boors 236.00 17 Add u 1 vinyl to hall bath floors 74.00 18 Add double bowl vanity to hall bath (kV sheet 8/13/0 10.00 19 Add u 2 ma cabinets to kitchen 1152.00 20 Add u 3 carpet to great room 649.00 21 Add u 3 carpet to study 325.00 22 Add u 3 carpet to dining room 14.00 23 Add upg 3 carpet to sta Ill 604.00 24 Add upg 3 carpet to mester bedroom .00 25 Add upg 3 carpet to bedroom 2 23.00 26 Add u 3 carpet to bedroom 3 23.00 27 Add u 3 carpet to bedroom 4 342.00 28 Add u 3 carpet to basement $2,859.00 29 Add u 2 padding to all cwpeted areas 5.00 .30 Add u 1 vinyl to laundry room 31.00 31 Add 5 ceiling fans: 1558-85 to all bed reat room 950.00 32 Add 2 MEN mount lights to study(master sittiarea 20.00 33 Add I P-1- I tht above master bath shower 150.00 34 Add 2 dinxrier switches 1 to basement 1 kitchen 140.00 35 Add eO outlet to thimiter room 250.00 36 Add 7 additional cable outlets .00 37 W3 additional MWrior outlets 390.00 , 38 Add 4 additional phooe outlets 0.00 39 Add dedicated outlet to garaW 160.00 40 Add Surround sound prewire to theater mom 75.00 41 Add additional water heater 75 Ilon 680.00 42 Add su to be screwed 10.00 4 Add 12' x 29 trex deck rL steps to grade 180.00 44 Add washer: WUH $1,179.00 45 Add electric dryw. ea 12.00 46 Delete wall to master area (log sheet 8/13/07) N/C 47 Mod Ify shower from 3x5 to 3x7 (log sheet 8113/07) 380.00 40 Add Storage area to basement (log sheet 8/13/07 5.00 Change Number DescrNMw of Chanae Prim Altied Homes Change Order Addendum 49 Mod' Pedestal to 30" van' to bsmnt (log sheet 8/13/07) 1 N/C 50 Add u 1 the to master bath shower walls 365.00 51 Add Credit for overcharge of gourmet -;250.00 Sub-Total: $47,188.00 Design Center Albwance• $0.00 Incentive: 1/2 off all options: -$79,954.00 Total Change Order: -$32,788.00 Contract Sales Price: $441,480.00 New Sales Price: $408,894.00 Total options including structural and design center options: $159,908 Buyer must Initial one of the Mowing two st ate wrfs. Buyer(s)' Initlals will signify agreement to the Item (1) The total amount of the Change Order, including the $5W.00 processing fee, where applicable, will be paid for by the attached funds. (2) The total amour of the Change Order, including the $5W.00 proca1 g feer where applicable, will be ached to the buyer(sy mortgage. Buyer(s)' understand and agree that, If fbr any reason, the mortgage amount does not cover the bal of met of the changes, the buyer(s) will fund the total amount of the changes prior to settlement 614 All other Item and provisions of the of Sale shall, a mpt as modified hereby, remain in full face and effect k uu-0-1 Date Buyer A 1 0-7 Date Buyer ACCEPTANCE The terms and conditions of the above am hereby n 0led, adopted, approved, and confirmed as of By Au thortnd Representative INTERNALISE ONLY ADM. APPROVAL PRICE APPROVAL rzz, ?' Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Ph: (717) 232-5000 rlfmck@mette.com GARY AND MICHELLE STOVER, Plaintiffs V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 08-4587 ALTIERI ENTERPRISES, INC., t/a ALTIERI HOMES, Defendant CIVIL ACTION - LAW/EQUITY AFFIDAVIT OF SERVICE I, Ronald L. Finck, do solemnly swear that I served the Complaint in the above- referenced matter upon the Defendant by certified mail. The original certified mail receipt and the original confirmation of service from the United States Postal Service are attached hereto as Exhibit A. Respectfully submitted, METTE, EVANS & WOODSIDE By: 6Z'.? g - Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs Date: September 17, 2008 UNITED STATES Am POSTAL SERVICE Date: 08/27/2008 RON FINCK 3401 N FRONT ST HARRISBURG, PA 17110-1462 Dear RON FINCK: The following is in response to your 08/27/2008 request for delivery information on your Certified item number 7005 1820 0005 2033 6723. The delivery record shows that this item was delivered on 08/07/2008 at 01:27 PM in COLUMBIA, MD 21045. The scanned image of the recipient information is provided below. Signature of Recipient: ml C 11vU Address of Recipient: --- ------ -- W ?)? ?xr? ??aw 2d j Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service m rU m m 0 N Ln m m m O tv co a V7 0 0 r- OFFICIAL USE Patep. S b GeAgIedFYe -? ?De1wrY?N? `? ! VG TOM Poetope & Few $ 1 ` s b Al 1-0 ti4?i#X;o§nterprise, Inc-..d/b`/- 9017 Red Branch Rd, Ste. 201 Columbia,?MD 21045 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Altieri Enterprises, Inc. t/a Altieri Homes 9017 Red Branch Road - Suite 201 Columbia, MD 21045 Respectfully submitted, METTE, EVANS & WOODSIDE By: Q-M? ; C, ?',?t, - Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff Date: September 17, 2008 501296v1 N t? r, Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Phone: (717) 232-5000 rlfinck@mette.com GARY AND MICHELLE STOVER, Plaintiff V. ALTIERI ENTERPRISES, INC. t/a ALTIERI HOMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4587 CIVIL ACTION LAW/EQUITY PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiffs and against Defendant, Altieri Enterprises, Inc., t/a Altieri Homes, in the above-captioned matter, for failure to plead to Plaintiffs' Complaint, in accordance with Rule 1037(b) of the Pennsylvania Rules of Civil Procedure and assess Plaintiffs damages in the amount of $16,035.83 plus interest at the legal rate from the date of judgment until paid in full. 4 I hereby certify that the attached Notice of Default was forwarded to Defendant, Altieri Enterprises, Inc. t/a Altieri Homes on September 4, 2008 in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure. There is no attorney of record. Respectfully submitted, By: Date: September 29, 2008 METTE, EVANS & WOODSIDE gtU? ;4 - 4.4.? Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs ENTRY OF JUDGMENT Judgment entered for Plaintiffs, Gary and Michelle Stover, and damages assessed in the amount of $16,035.83 against Defendant, Altieri Enterprises, Inc. t/a Altieri Homes. Date: o IDR A* P thonotary w' ,h Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Ph: (717) 232-5000 rlfinck@mette.com GARY AND MICHELLE STOVER, Plaintiffs V. ALTIERI ENTERPRISES, INC., t/a ALTIERI HOMES, Defendant : CIVIL ACTION - LAW/EQUITY TO: ALTIERI ENTERPRISES, INC. t/a ALTIERI HOMES 9017 Red Branch Road - Suite 201 Columbia, MD 21045 DATE OF NOTICE: September 4, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-4587 Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 r METTE, EVANS & WOODSIDE By: 9 ?,t,,,?.•?. Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. BOX 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs Date: September 4, 2008 501293v1 U.S. POSTAL ERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Re eived From, %opt Oct One piece of ordinary mail addressed to: A a 3 M y-0Ksl?+ s - 90?7 Rc?. S«•?? A z Go\?yhy Gam, MO '210C19 PS Form 3817, Mar. 1989 GPO : 1993 0 - 151-05 r? P dj. r` .n lip, 02 ?_? ??? may S n rh rn .a A ¦ 0 4 C 3 GARY AND MICHELLE STOVER, Plaintiff V. ALTIERI ENTERPRISES, INC. t/a ALTIERI HOMES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4587 CIVIL ACTION LAW/EQUITY CERTIFICATE OF RESIDENCE I hereby certify that the name and address of the proper person(s) to receive this notice is: Altieri Enterprises, Inc. t/a Altieri Homes 9017 Red Branch Road - Suite 201 Columbia, MD 21045 Respectfully submitted, METTE, EVANS & WOODSIDE Date: September 17, 2008 By: Q j4j?- ? -1 . 01; Ronald L. Finck, Esquire Sup. Ct. I.D. No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiff 501926v1 SA 1 - t ? cn c l F, 71 R ?t ?? ITI