HomeMy WebLinkAbout09-0194D~
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
ROBERT L. GOODALL AND ALICE S.
GOODALL, Husband and Wife,
2304 Arcona Road
Mechanicsburg, PA 17055
Plaintiffs
No. Oq - 019' ~,i~~(-"j-ct-wc
JURY TRIAL DEMANDED
v.
TRADITIONS OF AMERICA, LP
201 King of Prussia Road
Suite 370
Radnor, PA 19087
And
TOA PA VII, LP
201 King of Prussia Road
Suite 370
Radnor, PA 19087
Defendants
COMPLAINT
AND NOW come Plaintiffs, Robert L. Goodall and Alice S. Goodall, by their attorneys,
Pecht & Associates, PC, and make the following complaint against the Defendants,
Traditions of America, LP., and TOA PA VII, LP, and in support thereof aver the
following:
1. Plaintiffs herein are Robert L. Goodall and Alice S. Goodall, husband and
wife, both of whom currently reside at 2304 Arcona Road, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. Defendant Traditions of America, LP is believed to be a duly registered
Pennsylvania Limited Partnership which is believed to maintain a principal
place of business at 201 King of Prussia Road, Suite 370, Radnor,
Pennsylvania 19087.
1
3. Defendant TOA PA VII, LP, is believed to be a duly registered Pennsylvania
Limited Partnership which is believed to maintain a principal place of business
at 201 King of Prussia, Suite 370, Radnor, Pennsylvania 19087, and a
satellite office at 15 Presidents Drive, Mechanicsburg, Pennsylvania 17055.
4. At all times relevant hereto it is believed, and therefore averred, that
Defendant Traditions of America, LP, is or was a residential development and
construction company which owned and developed a residential real estate
subdivision known as "Traditions of America at Silver Spring" in Cumberland
County, Pennsylvania.
5. It is believed, and therefore averred, that Defendant Traditions of America,
LP, is the sole owner of the real estate development company known as TOA
PA VII, LP, (Co-Defendant), the purpose of which is to develop and construct
personal residences in Silver Spring Township, Cumberland County,
Pennsylvania, at a real estate subdivision known as "Traditions of America at
Silver Spring."
6. Plaintiffs shall hereafter refer to Defendants Traditions of America, LP, and
TOA PA VII, LP, collectively as "Defendants."
7. In or around August 2008, Plaintiffs did view and respond to an advertisement
offered by the Home Builders Association of Metropolitan Harrisburg
(hereafter "HBA") for the "Parade of Homes" which advertisement did include
Defendants' "Traditions of America at Silver Spring" residential development.
2
8. Plaintiffs did, on or about August 4, 2008, tour the Defendants' Parade of
Homes Model at Traditions of America at Silver Spring and thereafter decided
to purchase from Defendants a residential dwelling and real estate within the
aforementioned subdivision. A true and correct copy of a similar
advertisement is attached hereto, incorporated herein by reference and
marked as Exhibit "A."
9. Plaintiffs advised Defendants' agent, workman, salesman, and/or employee,
Danica Koppenheffer, that Plaintiffs wished to purchase the exact "Lincoln"
model residence which was offered for sale in the HBA Parade of Homes to
be constructed on a different, less expensive lot, within the Traditions of
America at Silver Spring development.
10. Plaintiffs believe, and therefore aver, that as a condition precedent to
participating in the HBA's Parade of Homes, each
builder/developer/participant agrees to offer for sale to prospective buyers
any residence exhibited at or during the Parade of Homes at the exact price
advertised for sale by the builder/developer's HBA Parade of Homes model.
A true and correct copy of the HBA 2008 Parade of Homes Participation
Agreement is attached hereto, incorporated herein, and marked as Exhibit
«B „
11. Plaintiffs, with this knowledge, inter alia, agreed to purchase from Defendants
the "Lincoln" model home to be constructed on lot number 64 in Traditions of
America at Silver Spring development.
3
12. On or about August 4, 2008, Danica Koppenheffer did represent to Plaintiffs
the only thing Plaintiffs needed to do to purchase the home was sign a "Non-
Binding Reservation Form" and that Plaintiffs could return later to sign an
Agreement of Sale ("AOS"); she represented further that Plaintiffs, with a
representative of Defendants, would together choose and decide upon
specific flooring, counter tops, appliances, and the like at a later time.
13. Koppenheffer never indicated to Plaintiffs that the price would be different
than the price of the model home.
14. In fact, Plaintiffs were led to believe that the cost of their home would be less
than the price of the model home because of the lower lot premium.
15. Plaintiffs did sign the "Non-Binding Reservation Form" on August 4, 2008. A
true and correct copy of the Non-Binding Reservation Form is attached
hereto, incorporated herein as though set forth at length, and marked as
Exhibit "C".
16. Plaintiffs, based upon the representations of Koppenheffer, and their
knowledge and understanding of the requirements that a builder participant in
the HBA Parade of Homes agree to build the model home for the price
advertised in the HBA Parade of Homes to prospective buyers, agreed to
execute the Non-Binding Reservation Form on August 4, 2008, and an
Agreement of Sale on August 11, 2008, and also provided a $34,630 down
payment to the Defendants without having chosen the exact flooring,
cabinets, counter tops, appliances, trim, and like. A true and correct copy of
4
the AOS is attached hereto, incorporated herein as though set forth at length,
and marked as Exhibit "D."
17. Plaintiffs believe, and therefore aver, that the Lincoln model which was
offered in the HBA Parade of Homes was listed at $468,000; however, that
model home was built on a lot offered for sale at $35,000 which lot was
$20,000 more than the lot on which the Plaintiffs chose to build their home.
18. As such, Plaintiffs had a reasonable expectation that the cost of the home
would be no more than $448,000 after deducting a "Founders Circle Credit" of
$5,000, a free option credit of $5,000, and an additional incentive of $2,500
for agreeing to settle by February 9, 2009. (See Addendums to AOS.)
19. Plaintiffs believe, and therefore aver, that based upon the foregoing, they had
a reasonable expectation, that the home which they were purchasing "on the
lot they chose would cost no more than $448,000."
20. Plaintiffs believe, and therefore aver, that after signing the AOS and after
giving Defendants the $34,630 down payment, that Defendants for the first
time, advised Plaintiffs that Defendants were unwilling to build the exact HBA
Parade of Homes Model for Plaintiffs at the price advertised and as
represented by Koppenheffer and as listed in the AOS but, instead, that the
home Plaintiffs had chosen would cost approximately $550,000 to construct.
21. Plaintiffs believe, and therefore aver, that when they questioned the
Defendants as to why the home was going to cost them $82,000 more than
the maximum price anticipated and $52,000 more than represented in the
HBA Parade of Homes advertisement, that the Defendants stated they had
5
been "given" various materials and upgrades which upgrades and materials
were used in the construction of the HBA Parade of Home models, for which
Plaintiffs would have to pay.
22. Plaintiffs believe, and therefore aver, that at the time they executed the
Agreement of Sale they were advised by Danica Koppenheffer that although
the contract price for the home and lot was listed for $346,300 that, once the
options are actually chosen, the cost of the home would increase, but the cost
would not exceed the cost of the model home less the lot differential, which
Plaintiffs were lead to believe would be $448,000.
23. Defendants, after these issues were raised by Plaintiffs, increased the listing
price for the model home to $498,852.
24. Plaintiffs believe, and therefore aver, that when they met with Defendants'
representative to make a final decision on the options, they were advised for
the first time that the price of the home would be $550,000 and not the price
of $448,000 as represented by Defendants' agent and as was advertised in
the Parade of Homes circular.
25. Plaintiffs believe, and therefore aver, that the home which they had chosen,
having been built on a less expensive Lot, and after the builder's incentives
checks, should have been no more than $448,000 and, as such, offered to
pay the builder the $448,000 amount; however, the builder rejected the offer
and advised the Plaintiffs that it "could not replicate the house for $448,000"
again stating that Defendants had received numerous upgrades and other
materials for the home gratis.
6
26. Plaintiffs believe, and therefore aver, that when they told Defendants that
Defendants were not permitted to charge a higher price for a model home
offered in the Parade of Homes in excess of the HBA Parade of Homes
advertised price, Defendants stated that Defendants' representative was not
aware of the HBA Participation Agreement requirements; that the Defendants
appreciated Plaintiffs pointing out the contractual requirements; and that
Defendants would need to withdraw from the HBA Parade of Homes as a
result, but that Defendants were still not willing to construct a home for
Plaintiffs at the price advertised.
27. Plaintiffs believe, and therefore aver, that Plaintiffs then advised Defendants
that since the parties were unable to come to an agreement as to the cost of
the construction and the purchase of the lot, that their down payment of
$34,630 must be returned.
28. Defendants then told Plaintiffs that they were not. done "adding up" the costs
of Plaintiffs' home, but the price would be well over $550,000.
29. Defendants have failed and otherwise refused to return the down payment
and have further refused to construct the exact model home offered in the
HBA Parade of Homes for Plaintiffs as indicated in the advertising circulation.
7
Count I
Goodall v. Traditions of America LP and TOA PA VII LP
Nealiaent Misrepresentation
30. Paragraphs 1 through 29 are incorporated herein by reference as though set forth at
length.
31. At all times hereto, Defendants knew or should have known that consumers
responding to Defendants' HBA Parade of Homes advertisement would be aware of
the requirements with which a participant builder in the HBA Parade of Homes must
comply.
32. Plaintiffs believe, and therefore aver, that Defendants' agent, workman, employee,
servant, or representative, Danica Koppenheffer did represent to Plaintiffs that the
base price of the home was $346,300 and that the price of the home after all charges
for the flooring, counter tops, appliances, and the like, would not exceed the cost of
the Lincoln model home offered in the Parade of Homes.
33. Plaintiffs believe, and therefore aver, that Defendants knew, or should have known
that an individual purchasing a home in response to Defendants' advertisement as a
participant in the HBA Parade of Homes would rely upon the representations made
by the HBA Parade of Homes advertising including, specifically, that all builders
participating in the HBA Parade of Homes must be able to offer for sale a residence
identical or substantially similar to that advertised in the HBA Parade of Homes for
the price so advertised. (See the Participant Agreement attached previously as
Exhibit "A").
34. Plaintiffs believe, and therefore aver, that Defendants' agent, employee, workman,
servant, and/or representative, Danica Koppenheffer, knew or should have known
that the statements which she made to Plaintiffs at the time they executed the Non-
Binding Reservation Form and Agreement of Sale would be relied upon by Plaintiffs.
8
35. Plaintiffs believe, and therefore aver, that the representations made by Koppenheffer
were made with a careless, negligent, and reckless disregard for the truth in as much
as Koppenheffer knew, or should have known, of the HBA Parade of Homes
requirements and that a prospective purchaser would rely upon those terms and
conditions.
36. Plaintiffs believe, and therefore aver, that they justifiably relied upon the
requirements of a participant builder in the HBA Parade of Homes and the
statements of Koppenheffer when entering into the Non-Binding Reservation Form
and Agreement of Sale with Defendants and further submit that their belief that the
residence which they desired to purchase should cost between $346,300 and
$448,000 was reasonable under the circumstances.
37. Plaintiffs believe, and therefore aver, that the statements, which Danica
Koppenheffer initially made on April 4, 2008, and uttered again on or about August
11, 2008, were made in order to induce Plaintiffs to sign the Non-Binding
Reservation Form and the Agreement of Sale.
38. Plaintiffs believe, and therefore aver, that absent the statements of Defendants'
agent, workman, employee, or representative, Danica Koppenheffer, they would not
have signed either document with their knowledge of the rules and regulations for a
builder's participation in the HBA Parade of Homes.
39. Plaintiffs believe, and therefore aver, that the representations made by Koppenheffer
were careless, reckless, and otherwise negligent and were the direct and proximate
cause of the harm to Plaintiffs.
40. Plaintiffs believe, and therefore aver, as a result of the negligent misrepresentations
of Koppenheffer, Plaintiffs have suffered damages in the amount of $34,630 plus
interest, attorney fees, and costs of litigation.
9
WHEREFORE, Plaintiffs Robert L. Goodall and Alice S. Goodall, demand judgment in their
favor and against Defendants Traditions of America, LP, and TOA PA VII, LP in an amount
less than $50,000, together with attorney fees, interest, and costs.
Co_
Goodall v. Traditions of America LP and TOA PA VII LP
Breach of Contract
41. Paragraphs 1 through 40 are incorporated herein by reference as though set forth at
length.
42. Plaintiffs believe, and therefore aver, that the Non-Binding Reservation Form signed
on August 4, 2008, and the Agreement of Sale signed August 11, 2008, were
essentially an agreement to enter into a contract contingent upon the parties'
agreeing on a final price for the construction of a residence.
43. Plaintiffs believe, and therefore aver, that they agreed to provide Defendants the
aforementioned $34,630 down payment in exchange for Defendants agreeing to
construct for them the Lincoln model residence identical to or substantially similar to
the HBA Parade of Homes model on lot 64 for a cost of between $346,300 and
$448, 000.
44. Plaintiffs believe, and therefore aver, that Defendants, despite the representations of
its agent, workman, servant, and/or employee to the contrary, subsequently indicated
to Plaintiffs that they were unwilling to construct the chosen residence for less than
$550,000.
45. Plaintiffs believe, and therefore aver, that as a result of Defendants' failure to fulfill its
obligations to build a residential dwelling identical to or substantially similar to the
Lincoln model offered in the Parade of Homes, Defendants have breached the
parties' agreement.
10
46. Plaintiffs believe, and therefore aver, that Defendants' failure to agree to construct an
identical or substantially similar home to the Lincoln model offered for sale and
advertised in the HBA Parade of Homes is a material breach of the parties' contract.
47. Plaintiffs believe, and therefore aver, that Defendants' subsequent attempts to offer
to construct a "stripped down" Lincoln model for Plaintiffs for the amount of $346,300
does not cure Defendants' breach.
48. Plaintiffs have made demand upon Defendants to return the $34,630 down payment
but, as of the date of this Complaint, Defendants have failed or otherwise refused to
return said deposit.
49. Plaintiffs believe, and therefore aver, that Defendants' failure to return the $34,630
down payment is yet another breach of the parties' agreement.
50. Plaintiffs believe, and therefore aver, that as a result of Defendants' breach of the
parties' agreement, Plaintiffs have suffered damages in the amount of $34,630
together with interest, attorney fees, and costs of litigation.
WHEREFORE, Plaintiffs Robert L. Goodall and Alice S. Goodall demand judgment in their
favor and against Defendants in the amount of $34,630 together with interest, attorney fees,
and cost of this litigation.
Count III
Goodall v. Traditions of America LP and TOA PA VII LP
Uniust Enrichment
51. Paragraphs 1 through 50 are incorporated herein as though set forth at length.
52. Plaintiffs believe, and therefore aver, that Defendants have wrongfully refused to
return their deposit: to-wit, the sum of $34,630.
53. Plaintiffs believe, and therefore aver, that the $34,630 deposit was tendered in good
faith and in contemplation of Plaintiffs choosing the exact flooring, cabinets,
countertops, appliances, trim, and the like and the parties agreeing on the final cost
for the home to be constructed.
11
54. Plaintiffs believe, and therefore aver, that as a result of the parties being unable to
agree upon the exact flooring, cabinets, countertops, appliances, trim, and the like
nor the cost for the house to be constructed, Plaintiffs are entitled to a return of their
$34,630 deposit.
55. Demand has been made upon Defendants to return the $34,630 deposit but
Defendants, as of the date of this Complaint, have refused and otherwise failed to
return said monies.
56. As a result of Defendants' unjustified retainage of the $34,630, Plaintiffs have
suffered damages in the amount of $34,630 together with interest, attorney fees,
and costs in connection with this action.
WHEREFORE, Plaintiffs, Robert L. Goodall and Alice S. Goodail, demand judgment in their
favor and against Defendants Traditions of America, LP and TOA PA VII, LP in the amount
of $34,630 together with interest, attorney fees, and costs of litigation.
Co_
Goodall v. Traditions of America LP and TOA PA VII LP
Conversion
57. Paragraphs 1 through 56 are incorporated herein as though set forth at length.
58. Plaintiffs believe, and therefore aver, that Defendants have wrongfully retained
Plaintiffs' $34,630, which funds rightfully belong to Plaintiffs.
59. Plaintiffs believe, and therefore aver, that Defendants' failure to return said $34,630
is a willful and wanton disregard of Plaintiffs' right to said funds.
60. Plaintiffs believe, and therefore aver, that Defendants have converted property of
Plaintiffs to Defendants' benefit and to the detriment of Plaintiffs: to-wit, Defendants
have wrongfully retained and kept as their own Plaintiffs' deposit in the amount of
$34,630.
12
61. Plaintiffs believe, and therefore aver, that as a result of Defendants' converting said
funds to their use, Plaintiffs have suffered damages in the amount of $34,630
together with interest, attorney fees, and costs.
62. Plaintiffs believe, and therefore aver, that as a result of Defendants' willful and
wanton disregard for the right of Plaintiffs to the funds, that Plaintiffs are entitled to
an award of punitive damages in the amount deemed appropriate by the trier of fact
at the time of trial.
WHEREFORE, Plaintiffs, Robert L. Goodall and Alice S. Goodall, demand judgment in their
favor and against Defendants Traditions of America, Inc. and TOA PA VII, LP in an amount
in excess of $50,000 together with interest, attorney fees, and costs.
Co_
Goodall v. Traditions of America LP and TOA PA VII LP
Violation of the Pennsvlvania Unfair Trade Practices and Consumer Protection Law
63. Paragraphs 1 through 62 are incorporated herein as though set forth at length.
64. The Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-1 et
seq. is a remedial statute designed to protect consumers from unscrupulous sales
and business persons and makes it unlawful to engage in any fraudulent conduct
which creates the likelihood of confusion or misunderstanding.
65. The Pennsylvania Unfair Trade Practices and Consumer Protection Law (hereinafter
"UTPCPL") declares it unlawful to engage in unfair methods of competition or certain
acts or practices in the conduct of any trade or commerce specifically addressed in
the Act.
66. The UTPCPL makes the following conduct, committed by Defendants and/or their
agents, employees, servants and partners, unlawful:
13
a) Advertising goods or services at a certain price and then steering
the consumer to a more expensive version of the advertised
goods or services;
b) Advertising goods or services with intent not to sell them as
advertised;
c) Advertising goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a
limitation of quantity; and
d) Engaging in any other fraudulent or deceptive conduct which
creates a likelihood of confusion or of misunderstanding.
67. The conduct of Defendants as set forth herein created confusion and
misunderstanding in the minds of Plaintiffs as to the price of the subject house.
68. The conduct of Defendants as set forth herein created the belief in the minds of the
Plaintiffs that the home would cost them $448,000 or less.
69. The conduct of Defendants as set forth herein created the belief in the minds of the
Plaintiffs that the house, as advertised, would be available to them and would be sold
to them for the price advertised by Defendants.
70. Plaintiffs believe, and therefore aver, that the conduct of Defendants was a classic
"bait and switch" in which Defendants offered a home at one price and then
attempted to sell Plaintiffs an identical, but higher priced home.
71. Plaintiffs justifiably relied upon such representations, misrepresentations, omissions
of material facts, and non-disclosure to their detriment.
72. Plaintiffs were harmed as a direct and proximate result of the conduct of
Defendants.
14
WHEREFORE, Plaintiffs request judgment in an amount in excess of $50,000.00, plus
treble damages, and attorney's fees as authorized by the Pennsylvania Unfair Trade
Practices and Consumer Protection Law, plus interest, costs, and such other relief as the
court deems appropriate.
Co-_
Goodall v. Traditions of America LP and TOA PA VII LP
Common Law Fraud
73. Paragraphs 1 through 72 are incorporated herein as though set forth at length.
74. The failure of Defendants to inform Plaintiffs that the home could not be built at
the price represented was a misrepresentation and anon-disclosure of a material
fact, about which Defendants knew Plaintiffs had a right to know.
75. Defendants acted with knowledge of the significance of the information they withheld
and of their wrongdoing in withholding that information.
76. Plaintiffs justifiably relied on the misrepresentations and omissions of material
facts to their detriment and were harmed as a direct and proximate result of the
misrepresentations and omissions of material facts.
77. Punitive damages are warranted in this case in that Defendants' conduct was
outrageous, malicious, wanton, willful, oppressive and showed a reckless
indifference to the interests of Plaintiffs, and, in fact, was purposefully designed
to have Plaintiffs execute the AOS.
15
WHEREFORE, Plaintiffs request judgment in an amount in excess of $50,000.00, plus
punitive damages, and interest and costs, and such other relief as the court deems
appropriate.
Date: ~~ ' `f ~~
Respectfully Submitted,
PECHT & ASSOCIATES, PC
By:
Wayne M. Pecht, Esquire
I.D. No. 38904
Herbert P. Henderson, Esquire
I.D. No. 56304
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
Phone: (717) 691-9810
Fax: (717) 691-2070
Attorneys for Plaintiffs
16
VERIFICATION
I, Robert L. Goodall, state that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief; and I am aware that any
false statements made herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: November ~ , 2008
obert L. Gob'c~all
VERIFICATION
I, Alice S. Goodall, state that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information, and belief; and I am aware that any
false statements made herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: November Z~ , 2008
A .Goodall
18
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Landmark Homes-$243,700
I-835 to Rte 581, ExH 3/Rte 115, right on CarNsk Plke/Rte
115,1.8 mi, left on Salem Church Rd, immediate fight on
Brookhollaw Dr to community.
Walden
14 Ellington Aoad, Medwnksburg
Charter Homes and ~-$257,790
I-81 to Rte 114E, left on Woods Dr. OR, Rte 581, fight on
(ariisle Plke, left on Silver Spring Rd,tight ar Woads Dr.
~Weatherstone
303 Weatherstone Drire, New Cumberland
Classic Communities Corporatlort-$383,750
1-835 to Lewisberty Rd exM, d9M on lewisbeny Rd/Rte
114, dgM on Evergreen Rd, right arWeatherstone Dr at
development entrance.
Westgate
~ 217 Westgate Ddve, MC Holly Springs
Home Designs Unlimitad,LLO-5292,700
1-815 to Rte 345 to Mt HoRySprings, d9M on Pine St (2nd
Ilght),1.5 ml, fight on Woodvkw Dr, fight on Westgate Dr.
~Endave at Camp Hill
107 Ashfird Way, Camp HIII.
x. Hovnanian Homes--5296,000
I-81 to Rte 581E, Exft 5A/Camp HRIIRte 11N, approx. 3 mi,
right on 17th St; The Enclave is on left. OR, Rte 11 to Market
St, left on 17th St; The Endaveis apprwt. OS ml. on fight
~~randywine
ti11595 WlQiamsburgWay, Mechanksburg
Y)ngst Homes, Inc.-$304,013
Rte 581W, Creekvkw Rd exit right on Creekvkw Rd, left on
demsalem, right an Rhremlall, left on Wllllamsburg.
Yil ?4 Dougherty Ddve, Lemoyne
Classic CommunitiesCorporation-$323,449
Rte t i/15N, right on Market St left on 12th St left at top of
hill irrto community.
Penn Valley
i l 8 Redwood Drive, Enola
Wheatland Custom Homes, Inc.-5329.900
1-815; Wert:vllk Rd exit, left oa Wertzvllle Rdr kit on
Valley Rd, right on Salt Rd to developmem, rlghtan
Maplewood Dr, left on Redwood Dr.
~Carmella
417 Wrmella Drive, Med-aniaburg .
LandmarkHams-$347,600
1-83 to Rte 581W, ExR 3/CarNsle PAk/US 11, tight oe
Rte 115, 2.5 ml, left anNogestovm Rd/PA 114E, 0.9 roi, left
on Woads Dr, Carmella on right
Woodbridge Farms
13 319 Waodb'Idge Ddve; Etters
S & A Home-5357,900
1-835, ExN 3WRshing Creek, left onfishingCreek Rd/
Ate 262, right on 01dYork Rd/Rte 177, left on Valley gd,.left
on Behrhower Rd, right on Woodbrklye Dr, model on left.
~ArborFieW
2133 Arbor Court, Medraniaburg
FBHtteAl Construction, Inc: 5391,000
Rte 15, Rte 114/8ovvmarndaleexit atstopsign, Non Rte
114 to Medtanksburg, left ah Gettysburg Pike (1 A Ifghtl,
OS mi, fight an Flsher Rd, Atborfield on fight
~Millfording Hightands
15 112 Balfour , Medranlaburg
Gasstc Communities Corp~ation-$456,288
Rte 581 to Cade Pike W, right on Sample Bridge Rd, fight
IMO community.
16 VVindirig Hills ,
605lnared urt, Mechanksburg
EG Stoltzfus Homes, LLC-$463,470
Ate' 155, Cumberland Pkwy/Windhrg Hills axle, left at light
proceed dP hNl to left at Ight, left on f Winding Hill Rd to
devebpmenfar fight.
Good Hope Farms South
17 5116 South Deerfield Avenue, Medunicsbung
1NcNaughton Homes-S464,9p0
Rte 58t to GrlWe Pike W, fight on Skyport Rd, 0.9 mi, right
on 3 Deerfield Ave. `
Traditions of America at Silver Spring
18 312 founders Way, Medtarrlaburg
ltaditi0rlf OfAmerica--$498,500 '
I-81, Hdt 57IRte 1147Medianiisbrrrg,114E to Rte 115/
Carlisle PRte,1.6 mi, left onHempt Rd (tumslnto State Rd),
2.2 mt, SIhKr Sptlng entrance on fight.
trindk Station
19 710 Genevieve Drlve, Mechanicsburg:
15manini Homes, LLC-5498,853
I.81, Rte 114to MedwnlrSMrrg, straight on York St right on
Marble St bear left on WIIRams Grove Rd, right on William
Way, left on Genevieve Dr, home on left.
805Tavb•1odtAoad,Mechanksburg
W Market St C~tp~ H II try Ort Bridge Rd,
1.8 mi. on left across from ArmRage GaNCourse.
~FairHitl "
21 2205 Dewey Lane, Medranksburg
Charter Homes and Neighborhoods-S499,990
I-81, Nkrtrvgk Rd exit W on WertzvRle Rd, right on
lambs Gap Rd, approx. OS ml, Falr Hill on left.
Highlands
22 42 Ia Ylsta Drive, Mechanksburg'
Charter Homes and Neighborhoods-5501,061
Rte 581 in W on Wdisle Pike, rfgltt on Rich Valley Rd,
canmunlty on left OR, I-81, E on Carlisle PIke,left on
Rkh Valley Rtl, community on left.
Hunters Gate
23, 6295 Appaloosa Drive, Medtaniaburg
Stephen Bladt Brdkfers,Inc.-5539,900;:
I-81, Exit 61fRte 944, W on Wertiville Rd, left on lambs
GapRd,apprwr.l mi, community on left.
Liberty Point
24 1112 Liberty Cove, Medwnkaburg
Roland Bulkier, lnc:--5583,000.
Rte 15, Rossmoytre Rd/Nksley Dr exit take Rossaroyne Rd,
fight onLisMrm Rd, 0.5•ml, IeftonThOmpson ln, emrance
h 0.5 ml on right
VVaiden'
25 % House HIII, Mechanksbunj
Charter Homes and Neighborhoods-5659,689
I-81 to Rte 114E, left on Woods Dr. OR, qte 581, fight on
Carlisle PHce; left a- Silver Spring Rd, dgM on Woods Dr.
~~ Cider Press Estates
3d 101 Benau Avenue, Medranksburg
RMS Custom Nomes-5684,900
Rte 155, to 5fatrNRl Rd, fight on Slate Hlll Rd, fight on
Lisbwn Rd, left on Rte 114/Maln SWsDum, rIgIN onMaore's
MourrlaM Rd, fight on Siddonsborg Rd, left on&ncru Ave.-
~Braaburn Estates at Winding Hills
27 407 Park Cirde, Mechaniaburg
`Mkltael L. Mahn Horner, Inc.-$860,000 .
Rte 155,Cumberland Pkvry/1Hlnding HIIlsexit left at light
pros 1 to~ light, left on E Winding HNI Rd to
SterNn Gkn
~4 Sterlkrlgg6knWay, Mechanksburg
Custer Homes, Inc.-5894,900
I-81, Rte 114E exR toQrlWe PNce, cross Carlisle Pike, 0.8 mi,
left on Woods Dr, left on Sterlingblen Way.
The Ea~tes at The Preserve
29 6165 Run Cross lane, Enola
Charter Homes and Neighborhoods-5999,990
1-81 to Werfiv8le Rd exR; W on Wertzvllle Ad, rlght on
lambs Gap Rd, appra3. t mi, dghton Run Cross ln.
r Park View at Waverly
501 Pond View Court, Harrisburg
R& I. Construction Company-$158,900
I-8 Exit 69/Progress Ave, N on Progress Ave, approx.
2 mi to Linglestown Rd, stay on N Progress Ave, right on
Cor iinental Dr, left on Glenbrook Dr, left on Pontl View Ct
1st I ouse on left. '
Maplewood -
25000akwood Lane, Harrisburg
EG 'itoltzfus Homes, LLC-$190,775
18'~'~, Progress Ave exit, left on Progress Ave, fight on
The: Dr, left on Elmwood Dr, fight on Oakwood Ln.
Deer Run .. _
695 Stoverdale Road, Hummelstovrrr
Charter Homes and Neighborhoods-$209,990
Rte 183, Vine St exit (N), left on Deer Run Drtommunity,
on right. OR, Rt. 322, Middletown Rd exit (5), right on Deer
Run )r, community on right
33 ~' Ivy Ridge
548 Princeton Road, Harrsburg
Triple Crown Corporation-$249,900
I-835, Paxton St exit left on Paxton St (at Bass Pro Shop);
fight on Friendship Dr, Lefton Hardsburg5t dghton ,~
OrchaM 5t community on right
The Townes at Chatham Glenn -
iiiM 6138 5awgrass Court, Harrisburg
.Classic Communities Corporation-$261,454 •
I-83 to Rte 321E toward Hershey, Leh on Mushroom HIII Rd
left on Grayson Rd, dghton S 63rd $ left on Derry St dgb:
on 61 st St dghton 2nd Chatham Glenn Way, fight on'Glen
Way, fight on Sawgrass Ct. ~ -
The Woodlands.
105 South 82nd Street Hartfsburg
FWK,LLO-$269,000
Rte :322 to S 82nd St (Chambers HIII/Grayson Rd), S on S ;
82nd St to The Woodlands.
The Townes at Autumn View
6209 Autumn View Diire, Hartisburg .
Classic Communities Corporation~S271,265 ;
I-81, Linglestown exit; N on N Moumakr Ad, right on
Linglestown Rd/Rte 34, rlgM ar Balthaser, left on Warren
fight on Griffin, left on Autumn Vkw Dr. ,
Wyndhurst Manor ,
4297 North Victoria Way, Harrisburg
Classic Communities Corporation-$273,710
I-81, Exit 69, N on Progress Ave, right on Rte 39Nn~esto
Rd, left on Colonial Rd, rlgM on N Vidorla Way.OR,1~83
Colonial qd exit N on Colonial Rd,.rlght on N Vktorla Way
~Arondale
6%2 Derrick Road, Harrhburg
Yingst Homes, Inc.-$280,990
Rte 22E/Allentown Blvd, right on Jonestown Rd (IIghG
by Bradford Village), left on Sarhelm Rd, straight to
development on fight
2008 PARADE OF HOMES PARTICIPATION AGREEMENT
Parade entry addr+ess/city/stat:e/zip:
Community name•
The undersigned builder (hereinafter "Builder"') and the Home Builders Association of Metropolitan Harrisburg (hereinafter
"HBA'~, intending to be legally bound agree as foikyws:
The undersigned agrees td participate in the 2008 Parade of Homes Event (the'Event7 sclreduled for October 4"' to 12"'
2008. In submitting this Agreement, it is that the General Inforrrratiorr Sheet -Terms and Conditions of
Participation CTerms and Conditions' for the Event has been neoeived, reviewed, and the undersigned agrees th pertomt
and comely with all requirements stated therein. The Terms and Condition Sheet is by reference incorporated into this
Participation Agreement and the undersigned agr~s to pertorm and abide in accord with the Terms and Conditions.
1. The Early Bird Registration fee of X2,550, completed entry form whid~ includes answering all questions 1 through
25 on the entry form i.e. written description of the company, written description of the Home(s) (150 words) for the
website and no more than 5 lines for the bullet pants in the show guide (B5 d~an>tcters), listing price fiotal of each
Home entered to include any/all °extras" contained in the Home ir~ludmg the lot and detailed directions fio the
Homes shall be provided by the Builder, camera ready company logo and clear fkxx plans (no blueprints)
submitted to Maday & Shoemaker Graphics, and completed participation agreement The deadline is Friday,
May 23,.2008.
2. The Regular Entry fee of X2,800, completed entry form which includes answering all questions 1 through 25 on
the entry form i.e. written description of the company, written description of the Home(s) (150 words) for the
website and no more than 5 lines for the bullet points in the show guide (65 characters), listing price toted of each
Home entered to include any/all "extras" contained in the Home including the tit and detar7ed directions to the
Homes shall be provided by the Builder, camera ready company logo and dear floor plans (no blueprints)
submitted to Maday & Shoemaker Graphics, and completed participation agreement. The deadline ~ Monday,
July 28, 2008.
3. Previously entered Parade homes entry fee of X1,800, completed entry form which includes answering all
questions 1 through 25 on the entry form (unless using the existing entry form fiwn the previous year entemd) i.e.
written description of the company, written description of the Homes
than 5 lines for the bullet ooin~in~e_ghrw~ ~~~~ ~aa ..~,~.e.,....,
-- _, ~.-- ~~....~,, w„moo ~~,r wm~ny pogo ana clear poor plans (no tilt) submitted to Maday &
Shoemaker Graphics, and completed participation agreement. The deadline is Monday, July 28, 2006.
4. Only new homes (custom, model, spec homes) which have never been occupied and for which construction will
be cxxnpleted on or before September 22, 2008, including landscaping, all services finished, and fodures installed
and finished floors. If Home(s) are not in safe condition they will not be available for viewing.
5. Also, it is understood that either 5096 of the early bird entry fee or the regular entry fee, per home, is refundable
until Monday, July 28, 2008, after which date the fee becomes non-refundable.
6. At all times of the Event, the Bulkier shall have a reasonsble n~resentative at the home(s). The Buikder may, of
course, staff the home(s) at any other times at his/her discretion. Parade hours are: 4:00 p.m -7:00 p.m.
Sys (Monday--Friday) and 12:00 p.m -7:00 p.m. Weekends (Saturday and Sunday).
7. The Builder must maintain general liability insurance and builders risk. insurance for each Parade entry horns in
the Event, which must name the Home Builders Association of Metropolitan Harrisburg (hereinafter., "HBA' as an
additional insured. The general liability insurance shall have a minimum coverage of ~Z,000,000. The Certificate
of Insurance shall be delivered to the HBA no later than Friday, August Z8, 2006.
8. Furthermore, Builder shall indemnify, defend and holed harmless the HBA from and against any and all claims and
demands of loss whatsoever, caused to any person or property, arising directy or indirectly out of the business
concluded in, or about Builder's Horner or arising directly or indirectly from any act or omission of the Builder, its
servanth, its employees, its contractors or agents and from or against any and all crest, expenses (including
reasonable attorney's fees) and liability incurred with any claim or proceeding brought thereon.
9. In the event the Builder sells the home(s) enrolled in the Event prior to the Event, and desires that the home
remain in the Event, Builder must have a lease with the owner(s) and furnish a Dopy to the HBA no later than
Friday, August 27, 2008, which shall contain, at a minimum, the tem~rs as set forth in the HBA Event suggested.
10. Final Information Deadline - ShowguideJWebsite Content Any revisions regarding your home infomration,
including floor plans, text and price must be submitted in writing to the HBA no later than Wednesday, August
13, 2001:. Absolutely no changes will be accepted after this date. The HBA shall provide representation of the
Homes in the Parade of Homes Guidebook ff these conditions and deadlines are met.
Home Builders Association of Metropolitan Harrisburg
2416 Park Drive, Harrisburg, PA 17110 • (717) 232-5595 ~ Fax (717) 232-5605
Laura(a7harrisburybuilders corn ~ www.paparadeofhomes corn
1 i. Parade Home Photography. Included in your entry fee* is a professionally prepared photograph of your Home
taken the week of August 18, 2008. This photo becomes your property. ff you prefer to supply a photograph or
a rendering; Rendering (line drawing) -minimum 5' x 5', 300 dpi, cobr or grayscale, saved as an .eps, .tif, .jpg.
Photo -minimum 5` x 5", 300 dpi, saved ~ an .eps, .tif, .jpg, ff the supplied photo or rendering does not rriset the
BAs requirements, no graphic representation will be used with the photo at+ea covered with text "no photo
available". n is the Builder's responsibility to notify the HBA in writing by Wednesday, August 13, 2008, if you
prefer that the HBA not take the photo. Simple ns-touching (adding grass and blue sky) will be billed ~ $85/hr,
not to exceed 1 hour. Additional retouching will be invoiced at this rate. Exterior Photography pictures and/or
renderings of Parade Homes will be finished in all aspects. 't:'hotograp/ry is not gd in the Previousty
Entered Home Entry Fee.
12. Additional charges: $85 an hour for photo retouching, editing your page on the parade of Homes website, any
changes after the deadline/sign-off meeting of August 27, 2008. In addition there will be an $85 plus travel
expenses to re-photograph your Parade entry Home (if it is less than an hour you will be prorated accordingly).
13. Final Proof meeting will be held at the HBA office, 2416 Park Drive, Harrisburg PA, 17110 in the Educational
Facility on Wednesday August, 27, 2008, ATTENDANCE IS MANDATORY.
14. Green, mature lawns are desirable and highy recommended, but the ground shall be seeded and covered with
straw if the lawn is not mature. Landscaping shall be otherwise completed by September 30, 2008.
i S. A labeled key shalt be submitted by the Builder to the HBA for each Home entered and must be reaeived by
Friday, Sepbamber 12, 2008. The key will be used only for access to judge the Homes. Builders are responsible
for picking up keys at the HBA office on Monday, September 29, 2008 after judging has been completed.
16. Homes will be judged prior to the opening of the Parade on Tuesday, Sepbmber 23, 2008 (hereinafter "Judging
Days' between the hours of 9:00 a.m.-5:00 p.m. The Fulton Awards will be judged on Wednesday, September
24, 2008 beginning at 9:00 a.m. until completed. homes must be ready for Judging and ~o aM is to be in the
Homes during the judging process. Homes shall be complete with all services finished aid fixtures installed.
Horner not presented in such condition on Judging Day will not be judged. Builder shall not confer with the judges
at any time. Any homes that were judged in past years cannot be entered for judging..
17. Each entry will be assigned by the HBA to a specific category for judging purposes based upon such factors as:
single family home, town home, price etc. The Builder must therefore accurately state in the application the
speafic and total sale price of each Home entered to include any/all "extras" contained in the Home including the
lot. Absent advance notification and approval of the HBA, this price may not be increased by more than five (596)
percent for the period of the Parade event and thirty (30) days thereafter. Absent approval of the HBA, to any
price irxxease in vio~tion of this paragraph will result in the rerrroval of the Home in the judging or, as applicabb,
the forfeiture and return of any awards received."
18. If your home(s) are to be judged a Photo CD will be due to the HBA office no later than Wednesday, September
24.2008. The CD should include up to fifteen interior photos & four exterior photos (at least one each of iGtctien,
Master Suite/bathroom, Landscape, Interior, and Decoration). These photos will be used in the slide show at the
Gala if your home wins an award. tf you have multiple entries, each home must be on a separate CD. Picture
resolution should be no more than 1024 x 768 and 300 dpi, and should be in JPEG format. Label each photo with
your company name, entry address, and category: `XYZ Builder--123 Main Street-KITCHEN.jpg'. Label the CD
19. S'~ your company name and Parade entry address.
ignage: A fee of $5 per sigNstake will be charged for any unretumed Parade of hoomes directional and house
signs/stakes.
20. Parade of Homes directional signs cannot be placed on non-Parade Homes.
21. Any violation of the Participation AgreementlContractrnay result in rejection of future entries.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal this day of , 2008.
Company Name (print):
Builder Representative Name (print):
Builder Representative Authorized Signature:
Home Builders Association of Metropolitan Harrisburg Representative Signature:
Date:
2
Home Builders Association of Mett+opolitan Harrisburg
2416 Park Drive, Harrisburg, PA 17110 ~ (717) 235595 • Fax (717) 232-5605
Laura~7nharrislwrsbuilder$ corn ~ www.paparadeofhomes corn
~^~4 r nrrrcv.•, cr nwcwr:• sr ...
. 4~~~';
l~`I ~ ~ ~ PIING
Traditions of America at Silver Spring, L.P.
Mechanicsburg, Pennsylvania
Non Binding Reservation Form
3 -~ 7-12-60
~4 ~ Z-23-63
~o ~ ~~~~
I'rospectivc~y~•c.ascr(s r ~0~~ t L t' ~.
Name: ,_ L ' Social Security Niunbcr: _~1o3"s~C-"T ~~,~
Name:
I'honc:
Address:
Social Security Number: ~" ~- Z
f:ma i L (~{,~ ,,
r nec;G~.a.,~ ~ ~ ~~~~_..
Location: # lo~
ModcL• L.INt~~-~ Elevation: ~ ~
I lome Cost Summary: Room Additions:
Iiasc I-louse $ ~~8 ODO. ~ Description: $
second door ~; 33 3~ • = Room Cost: $
I3aSe111Cl1t $ ,t! Dire Place: $
Location Premium $ / . fi0O. ~'-
'1`LESS fin/ Total house Cost $ ,3 G, .3L1C~. ~ '~ Total Room Cost: $
Ct~nvrcS : - s S, c~ o ~~NO~es' Gl~c't.~, - ir~<,. ems, fxE~ ~°no.~ ~'.7„ ~'s/~~ - a S~•oFi~T
The Reservation Deposit will consist of two checks ($250 and $750) made payable to TOA PA VII, L.P. Theses
$250 fee is for preparation of a location plan. The $750 fee is refundable within 7 days of the elate of this ~~ 9J
reservation form.
• If Purchaser cancels this Reservation within 3 to 5 days of the date on this Reservation form,
all monies will be returned to Purchaser.
• li'Purchascr cancels this Reservation anytime atier the site plan has been ordered, the $250 is
non -refundable and the $750 is refundable.
Agreement signing date: 8~~ / ~C~ j Time: // : 30 /~avl
0°o Deposit al Agreement signing ~3~ ~ ~- ~
5% Deposit if using Preferred Lender (Wells Fargo) ~ /~ 3/S. `"° f- ~ 3 TS. "=°
25% Deposit of Options at Agreement signing: _~~/~q
The non-binding reservation deposit will be held in our office until the Agreement of Sale has been signed.
This non-binding reservation form dots not obligate you or the Seller in any way. The terms set forth herein
arc for discussion purposes only and will be subject to the terms and conditions set forth in the agreement of
sale.
Revised: January 7, 2008
'I'OA I'A VII, L,.P.
Y~
A Rcprescntativc of TOA PA V .,.I'.
TRADITIONS OF AMERICA AT SILVER SPRING CONDOMINIUM NO.1
AGREEMENT OF SALE
THIS AGREEMENT made this 11~' day of August, 2008 (this "Agreement") between TOA PA VII,
LP, a Pennsylvania Limited Partnership ("Declarant"), and Robert L. Goodall and Alice S. Goodall ("Purchaser").
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREIN
AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES AGREE AS FOLLOWS:
1. Basic Information and Certain Defined Terms.
(a) Names and Addresses:
(1) Declarant: TOA PA VII, L.P.
(i) Address: 15 Presidents Drive
Mechanicsburg, PA 17050
(ii) Telephone: (717) 766-9557
(iii) Fax: (717) 766-9557
(iv) Email address: dkoppenheffer@Traditionsofamerica.com
(2) Purchaser: Robert L. Goodall
Alice S. Goodall
(i) Home Address:
(ii) Telephone:
(iii) Business Address
(iv) Cell Phone
(v) Telephone:
(vi) Fax:
(vii) Email address:
2304 Ancona Road
Mechanicsburg, PA 17055
(717)554-6292
(i) Social Security No: 163544402 & 105566204
(b) Unit(s) being purchased at Traditions of America at Silver Spring Condominium No. 1,
Cumberland County, Pennsylvania (the "Condominium"): (the "Units")
Lot# 00000064, Left Driveway-LINCOLN, 2 STORY BEDROOM & BA~'H S ON GRADE
~ ;, Side--Ent~- CsGa12~G 81-t~a6
} ' Address known as: 31 Presidents Drive ,Mechanicsburg, PA 1
-1-
AOS 2-28-0
~:
(c) Each Unit's Initial Appurtenant "Percentage Interest" in the Common Elements shall be
determined by a certain Declaration of Condominium for Traditions of America at Silver Spring Condominium No. 1,
(as such document may be amended from time to time, the "Declaration"), which Declazation shall be in accordance
with the provisions of the Pennsylvania Uniform Condominium Act, 68 PA. C.S. §3101 et. seq. (as the same may be
amended from time to time, the "Act").
(d) Price and Terms:
(1) Total Purchase Price (the "Purchase Price"): $346,300.00
(2) "Earnest Money" (includes reservation
deposit previously paid, if any): $ 34,630.00
(3) "Balance Due at Settlement": $311,670.00
(e) "ESTIMATED SETTLEMENT DATE": 02/24/2009
(fj Broker, if any: Jack Gaughen ERA, Market Street, Camp Hill, PA 17011 Agent: Stephania Libel
(g) The "Settlement" is that meeting at which the Purchaser is obligated to pay the balance of the
Purchase Price due at Settlement and other sums described herein and the Declarant is obligated to convey title to the
Unit(s) to Purchaser.
(h) The "Settlement Date" is that date on which the Settlement is to occur as described in this
Agreement.
(i) All other capitalized terms not defined herein shall have the same meanings as they are given in
either or both of the Declaration and the Act.
2. Sale.
(a) Declarant agrees to sell to Purchaser and Purchaser agrees to purchase from Declarant the Unit(s)
in the Condominium together with: all property and work included in the Purchase Price as described in Exhibit A
attached hereto (the "Declarant Work Specifications"); and an appurtenant undivided proportionate ownership interest
equal to the Percentage Interest in the Common Elements, as the same are described in the Declaration (including the
Plats and Plans).
(b) The Unit shall be constructed substantially in accordance with the Plats and Plans and the
Declarant Work Specifications. Purchaser agrees the Unit and Building may be modified, improved or changed from
time to time in compliance with Declazant's design standards and that the deviations aze customary in the construction
industry and are occasioned by expediency, practicability and availability of materials or products if the materials or
products so substituted are substantially equal or superior in quality to the materials or products specified.
(c) Purchaser acknowledges that measurements shown on the Plats and Plans and floor plans used in
marketing are approximate and actual dimensions may not be exactly as shown. Declarant shall not be required to
install or provide any fixtures or appliances not actually installed in the Unit at the time of inspection pursuant to
Section 6(b) or otherwise agreed in writing to be installed by Declarant. Declarant shall have the right to make minor
changes in the dimensions of any portion of the Condominium and to substitute substantially equivalent materials for
any of the same set forth in any sales or other documents and to make such modifications or substitutions as may be
required by any governmental authorities asserting jurisdiction over the Condominium, or any construction or
permanent lender or as may be reasonably necessary.
(d) Declarant has no obligation to make any improvement, modification or addition to the Unit unless
Declarant and Purchaser have specifically made those changes part of this Agreement by causing them to be included in
a Customizing Work Amendment to this Agreement of Sale and Purchaser has paid Declarant for such options and
AOS 2-2 -0
V !
-2-
customizing work. The cost of the options and customizing work shall be in addition to the base Purchase Price. The
monies paid for the options, but not customizing work shall be placed in escrow. If Declarant agrees to Purchaser's
request for additional options and customizing work after the execution of this Agreement, an amendment to this
Agreement must be signed by Declarant and Purchaser to reflect such additional options and customizing work.
(e) Declarant, in its sole discretion, may refuse Purchaser's request for options and customizing
work, without regazd to Purchaser's willingness to pay therefore and without regard to Declarant having made the same
or a similar options and customizing work in other units within the Condominium. It is understood and agreed by
Purchaser that no person is authorized by Declarant to make any commitments for alterations or variations. In the event
Purchaser contracts with someone other than Declazant for options and customizing Work or any other improvements to
the Unit, Purchaser agrees that this work shall not commence prior to Settlement and shall be done subject to the
applicable provisions of the Declaration, Bylaws and Rules and Regulations.
(f) .Purchaser agrees to makecolor, or material selections in writing and deliver the same to Declarant
five (5) months prior to Settlement. All selections shall be final. In the event Purchaser does not make any selection
within the specified time, Declarant shall have the right to make the selections on Purchaser's behalf. Further, should
any selections be unavailable due to circumstances beyond Declarant's control, Declarant reserves the right to substitute
colors or materials which, in its sole judgment, aze compatible with the decorating scheme.
(g) All renderings, brochures and other sales materials provided by Declarant and the conditions,
improvements and furnishings in any model units aze for illustrative purposes only and shall not be construed as a
representation or deemed to be binding on Declazant.
3. Condominium Documents.
(a) Purchaser acknowledges having received and reviewed a copy of Declazant's current Public
Offering Statement for the Premises including all attachments and exhibits thereto. It is understood and agreed by
Purchaser that until the first recorded conveyance of a Unit in the Condominium from Declarant to any third-parry,
Declarant shall have the right, acting alone, to amend any or all of the Declaration (including the Plats and Plans), the
Bylaws, Public Offering Statement and the Rules and Regulations (collectively, the "Condominium Documents") for
the Condominium and the Master Condominium (as described below); provided, however, that if any such amendment
materially adversely affects the rights of Purchaser, Purchaser shall have the right of rescission. Prior to the recording
of the Declaration, Declarant shall also have the right, acting alone to: (i) change the location, size and layout of all
Units and Common Elements in the Condominium other than the Unit; and (ii) change the Percentage Interests of other
Units in the Condominium, provided that such changes do not affect the Percentage Interest of Purchaser's Units, unless
by reason of adding Units to the Condominium by conversion of Convertible Real Estate as set forth in the Declazation.
(b) Purchaser agrees to be bound by and comply with the terms and conditions of the Condominium
Documents from,and after the completion of the Settlement hereunder, which agreement shall survive such Settlement.
(c) As described in the Public Offering Statement, the Condominium is asub-condominium of
Traditions of America at Silver Spring Master Condominium (the "Master Condominium") and it is currently expected
that all powers and duties of the Association shall be delegated to and exercised and performed by the Master
Association on behalf of the Condominium and other sub-condominium associations that are part of the community.
(d) UNLESS PURCHASER CHOOSES NOT TO HAVE DECLARANT PROVIDE MORTGAGE
LOAN APPLICATION AND PROCESSING ASSISTANCE THROUGH ITS PREFERRED LENDER PROGRAM
BY PUTTING PURCHASER'S INITIALS WHERE INDICATED AT THE END OF THIS- AGREEMENT, Declarant
shall provide the services of such Program for Purchaser. Notwithstanding anything contained herein, nothing in this
Agreement shall be construed to require that Purchaser obtain financing as a condition to Settlement under this
Agreement.
4. Price and Terms.
(a) Upon execution of this Agreement, Purchaser has paid by cash or check the receipt of which cash
or check (subject to collection if paid by check) is hereby acknowledged by Declarant, the amount set forth in Section 1
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as Earnest Money. Purchaser agrees to pay the Balance Due at Settlement on the Settlement Date by cashier's check,
title company check or wire of immediately available funds to an account designated by Declarant. Interest earned on
the Earnest Money, at local bank money market rates, shall be added to the Earnest Money and paid or credited to the
pazty otherwise entitled to the Earnest Money.
(b) Unless otherwise provided for herein, all Earnest Money shall be held in escrow by Declarant
until consummation or termination of this Agreement, pursuant to the Pennsylvania Uniform Condominium Act.
Deposits of Earnest Money paid to the Declarant shall be retained in an escrow account at a local FDIC insured bank
until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Declarant
may hold any uncashed check tendered as Earnest Money, pending the acceptance of this offer.
5. Possession and Title.
(a) Possession of the Units (exclusive of the Percentage Interest) shall be given at Settlement by
delivery of a special warranty deed (which shall be drawn by Declarant), conveying the title to the Units as described in
subparagraph (b) below. Purchaser's membership in the Association shall commence automatically upon the
completion of the Settlement hereunder without the necessity for any documentation thereof.
(b) Title to the Units shall be good and marketable or insurable as such, with the benefit of and
subject to the rights, covenants, benefits, restrictions and title exceptions set forth in: (i) the Condominium Documents,
as each of them may be amended as provided herein; (ii) the title exceptions set forth in the sample title report which is
part of the Public Offering Statement, incorporated herein by reference and made a part hereof (the "Title Exceptions");
(iii) easements and agreements with entity companies and governmental agencies and authorities; (iv) liens or other
matters insured over by the title insurer at Declazant's cost; (v) restrictions, conditions and easements existing or created
by Declarant at or prior to Settlement and reasonably customary and appropriate for the development by the Declarant
of the Condominium; and (vi) applicable zoning and building laws and ordinances. NOTWITHSTANDING THE
FOREGOING, SELLER MAY BE UNABLE TO CONVEY TITLE TO THE UNIT FREE OF ANY AND ALL
MECHANICS' LIENS THAT MAY BE ASSERTED BY CERTAIN CONTRACTORS. IN THE EVENT THAT
SELLER IS UNABLE TO CONVEY TITLE TO THE UNIT FREE FROM ANY AND ALL MECHANICS' LIENS,
BUYER HEREBY AGREES TO TAKE TITLE TO THE UNIT SUBJECT TO ANY AND ALL MECHANICS' LIENS
THAT MAY BE ASSERTED. IN THE EVENT THAT THERE ARE ANY MECHANICS' LIENS CLAIMED AS A
RESULT OF SELLER'S CONSTRUCTION ACTMTIES OR DUE TO SELLER'S ACTIONS OR INACTIONS,
SELLER SHALL INDEMNIFY AND HOLD BUYER HARMLESS FROM AND AGAINST ANY AND ALL
MECHANICS' LIEN CLAIMS.
(c) If Purchaser consists of husband and wife, title to the Units shall be conveyed to such persons as
tenants by the entireties, unless otherwise specifically stated in Section 1.
(d) If the Units to be purchased are to be conveyed to more than one individual, and such individuals
are not husband and wife, the Units shall be deeded to such individuals as tenants in common in equal shares, unless
otherwise specifically stated in Section 1.
(e) Subject only to the Special Warranty contained in the deed to the Units and the warranties
described in Section 11 hereof, and to the completion of any insubstantial Declarant Work remaining to be performed in
or on the Units (exclusive of the Percentage Interest) as permitted by the terms hereof, the acceptance by Purchaser of
the deed to the Units shall constitute a complete release and discharge of all warranties, obligations and liabilities of
Declarant to Purchaser, expressed or implied with respect to: (i) the construction of the Units and the Common
Elements; (ii) any injury, loss or damage to the Purchaser, to the Units, or to the Common Elements resulting from any
cause whatsoever; and (iii) all of the covenants and obligations of Declarant herein contained.
6. Time of Settlement; Finishing Work.
(a) The time and place of Settlement (in reasonable proximity to the Condominium} shall be as
selected by Declarant by giving at least ten (10) days' notice thereof to Purchasers, but Settlement shall not be held
before Substantial Completion of the "Declarant Work"(as described in the Declarant Work Specifications attached
hereto as Exhibit "A"l. "Substantial Completion" means that the improvements to be done by Declazant have been
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.I
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completed to the extent of the Declarant Work Specifications attached as Exhibit "A" subject only to completion of
minor finishing, adjustment of equipment, and other minor construction aspects of the Declarant Work which will not
materially interfere with the use and occupancy of the Unit and the Unit may be occupied lawfully. If grading, seeding,
driveways, and walkways cannot be completed prior to Settlement due to inclement weather, Settlement shall
nonetheless take place in accordance with the terms hereof, and Declazant's only obligation shall be to complete same at
such time after Settlement as weather and reasonable scheduling permit. Purchaser agrees that Declarant will not
escrow funds, at time of Settlement, for any reason. If a lender requires escrows, it will be Purchasers' responsibility.
(b) By Declarant giving notice thereof to Purchaser, Declarant shall schedule a preliminary
inspection of the Unit at which time a punchlist of outstanding items of Declarant Work, if any, shall be agreed upon.
Declarant shall use reasonable efforts to complete the punchlist items prior to Settlement, but there is no assurance of its
ability to do so. Shortly before Settlement, Declarant shall schedule a brief, pre-settlement walk-through inspection and
the punchlist will be updated. Punchlist items will not delay settlement and no Declarant funds may be retained in
escrow. Within a reasonable time after Settlement), Declarant shall complete the punchlist items.
(c) Declazant presently estimates (but does not represent or warrant) that the Declarant Work will be
Substantially Complete by the applicable Estimated Settlement Date. If Declarant shall fail to complete its work and
schedule Settlement by the Estimated Settlement Date for any reason, whether or not within Declarant's control,
Declazant shall not be subject to any liability to Purchaser. Except as otherwise expressly set forth herein, Declazant's
failure to complete its work and schedule Settlement by the Estimated Settlement Date shall not in any respect affect the
validity or continuance of this Agreement or any obligation of Purchaser hereunder. Declarant may substitute materials,
appliances, fixtures and equipment of equal or better quality or make minor changes in plans and specifications
regarding the Declarant Work, provided the appearance of the Unit is not materially altered thereby.
(d) Purchaser may terminate this Agreement by notice thereof to Declarant within ten (10) days after
the failure of Settlement to be held within six (6) months after the Estimated Settlement Date, as its sole remedy for any
delay, provided, however, if Declarant is not prepared to complete Settlement and has not substantially completed the
Common Elements within two (2) yeazs after the date hereof, subject to extension for delays due to causes beyond the
reasonable control of Declarant and constituting valid excuses for performance under Pennsylvania law, Purchaser may
cancel and seek any remedy available at law or in equity.
(e) Any changes or additions to the work requested or ordered by Purchasers will be set forth in
writing setting forth the change, the cost thereof and the additional time for completing the work caused thereby, signed
by Purchasers. Declarant is not obligated to agree to make any changes. The cost of any such changes or additions as
requested and ordered by the Purchasers after execution and delivery of this Agreement will be paid to the Declarant at
the time of signing a Customizing Amendment, need not be placed in escrow and shall benon-refundable.
7. Settlement.
(a) Nothing contained in this Agreement shall be construed as requiring Purchaser to use any title
insurance company recommended by Declazant or mentioned herein.
(b) UNLESS PURCHASER CHOOSES NOT TO HAVE DECLARANT PROVIDE TITLE
INSURANCE PURSUANT TO THE AFFILIATED BUSINESS DISCLOSURE ATTACHED HERETO, Declarant
shall provide, at Purchaser's cost, an Owner's Title Insurance Policy issued through Traditions Closing Services, LP,
207 N. 19th Street, Allentown, PA 18104, Attn: William Kulp (hereinafter called the "Title Insurer") in the full amount
of the Purchase Price subject only to the matters set forth in Section 5(b) hereof and acts done or suffered by Purchaser
(including, with respect to the Owner's Title Insurance Policy, Purchaser's mortgage). The Owner's Title Insurance
Policy shall be furnished upon completion of Settlement. If such title insurance is provided through Title Insurer, the
rate shall be the so-called "builder's rate" which is 90% of the Depaztment of Insurance fixed reissue rate. In the event
of a defect in Declarant's title, so that a reputable title insurer selected by Purchaser is not prepared to issue its Owner's
Title Insurance Policy, Declazant may, at its option, adjourn the Settlement to a Date not more than sixty (60) days after
the Settlement Date. If, after using reasonable efforts to do so, Declarant is unable to clear such defect prior to the
extended Settlement Date, this Agreement, at Purchaser's option and as its sole and exclusive remedy (exercised by
written notice to Declarant within ten (10) days after the expiration of said sixty (60) day period) shall become null and.
void and all funds paid by Purchaser to Declarant shall be returned to Purchaser. In the absence of such notice,
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Purchaser shall be deemed to have accepted the status of title and shall be obligated to complete Settlement within five
(5) days after the expiration of said ten (10) day period. THE OWNERS AND INVESTORS OF THE TITLE
INSURER ARE SIMH.AR TO THE OWNERS AND INVESTORS OF THE DECLARANT. PURCHASER IS
HEREBY INSTRUCTED TO READ THE AFFII.IATED BUSINESS DISCLOSURE ATTACHED HERETO.
(c) At Settlement, Declarant shall deliver the deed and pay all costs incurred for clearing Declarant's
title and 50% of applicable realty transfer taxes.
(d) At Settlement, Purchaser shall pay the Balance Due at Settlement and the following costs: (i)
deed and mortgage recordation and conveyancing charges; (ii) 50% of applicable realty transfer taxes; (iii) the premium
for any title insurance obtained by or for Purchaser including, but not limited to, the cost of any mortgagee's title
insurance policy and mechanics' liens insurance; (iv) all costs imposed by Purchaser's mortgage lender (if any); and (v)
an amount equal to three (3) months installments of the Declazant's initial estimate of monthly assessments for Common
Expenses for the Unit pursuant to the Declaration, which payment shall be in addition to Purchaser's regular monthly
assessment for Common Expenses. The payment described in clause (v) of the immediately preceding sentence shall be
paid directly to the Association, shall benon-refundable and shall provide working capital for the Association to be used
by the Association when needed, and for such purposes as the Executive Board may determine. Notwithstanding the
foregoing sentence, if Declarant has akeady paid to the Association the amount described in clause (v) of the first
sentence of this subparagraph (d), the payment described in clause (v) of the first sentence of this subparagraph shall be
paid to Declazant.
(e) Declarant and Purchaser shall apportion the following items at Settlement:
(i) Current real estate taxes and all other governmental assessments, if any,
(each of which is hereinafter called a "Governmental Chazee") against the Units that are payable directly by Unit
Owners rather than by the Association, and any other items customarily prorated shall be apportioned as of the
Settlement Date and Purchaser shall reimburse Declarant at Settlement for the portion thereof applicable to the Units
and theretofore paid by Declarant. In the event that at the time of Settlement the Units have not been billed separately
from the balance of the Real Estate for any Governmental Charges against the Real Estate, the amount thereof to be
prorated shall be determined by multiplying the amount of such Governmental charges by the Units' Percentage
Interests. Real Estate taxes shall be prorated on the basis of the last ascertainable bill and reprorated when the actual bill
is presented (even if such reproration shall occur after the Settlement Date).
(ii) The amount of Common Expenses assessed against the Units for the
calendar month during which the Settlement hereunder takes place, if any, shall be apportioned between Declarant and
Purchaser on a per diem basis as of the Settlement Date and Purchaser shall reimburse Declarant at the Settlement for
the portions thereof that are allocable to the portion of the month commencing on the Settlement Date and that
theretofore have been paid by Declarant. Such payment by Purchaser shall constitute Purchaser's share of the Common
Expenses for the calendar month during which the Settlement hereunder takes place.
(f) In the event that Purchaser is delinquent in completing Settlement, and Declazant does not elect
the reined as set forth in Sec 'fin c~h,,e~r~ ut elect s ead to e t d e ettlement Date to a date certain the
"Extended Settlement Date")~1~~'ur~cse- r sli~allt pay tO~De~claran.t}a~,..~lara~t~~^ts m,rh P9~aneiou~ an ~`~~
extension fee in the amount of $100.00 per day for each day of such extension, which shall not be held in escrow, shall
not be applied to the Purchase Price, and shall not be refundable. In addition, all adjustments shall be as of the
Settlement Date and not the date the sale actually closes. In the event Purchaser fiils to close the sale on the Extended
Settlement Date, Declarant shall have the remedies set forth in Section 8(c) hereof.
8. Defaults.
(a) Tender of deed or Purchase Price shall not be necessary where the other party has defaulted.
(b) Each of the following shall be a default by Purchaser hereunder: (i) recordation by Purchaser of
this Agreement or any memorandum thereof; (ii) Purchaser's failure to appeaz at the tune and place as stated in the
notice of the Settlement Date; (iii) Purchaser's failure to complete the Settlement hereunder in accordance with the terms
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AOS 2-28-08
of this Agreement; or (iv) Purchaser's refusal to carry out any other obligations of the Purchaser under the terms of this
Agreement and any supplemental agreement.
(c) If Purchaser shall be in default hereunder, then, at Declazant's election (as Declazant's sole
remedy) all Earnest Money (with interest earned thereon) and other sums theretofore paid by Purchaser with respect to
the Unit shall be forfeited as liquidated damages and shall be paid to or retained by Declarant, and this Agreement shall
then automatically be null and void. For the purposes of this Agreement, the Earnest Money shall include any and
all cash deposits submitted by Purchaser to Declarant in connection with this Agreement and sny and all
obligations under a certain promissory note executed by Purchaser for the benefit of Declarant (the "Note").
The parties hereto agree that Declarant entered into this Agreement based, in part, on Purchaser's execution of
the Note securing Purchaser's obligations hereunder. It is the expressed understanding that in the event of a
default by Purchaser under this Agreement, in addition to any cash deposit paid by Purchaser to Declarant on
even date herewith, all sums evidenced by the Note shall become immediately due and payable as liquidated
damaged under this Section 8(c).
(d) In the event: (i) Declarant shall fail or be unable to deliver title to the Units as herein provided on
account of title defects which Purchaser is unwilling to waive; (ii) Declarant notifies Purchaser that Declarant is unable
to complete Settlement hereunder notwithstanding Declazant's good faith efforts to do so; or (iii) Declarant is otherwise
in default hereunder, then this Agreement shall automatically be null and void, and all Earnest Money (including interest
earned thereon, if any) shall be returned forthwith to Purchaser as Purchaser's sole and exclusive remedy.
(e) Time is of the essence of this Agreement.
(f) Notwithstanding the incorporation of the provisions of the Public Offering Statement into this
Agreement, Purchaser shall be entitled only to those remedies granted by the Act for one or more violations of the Act
by reason of the information contained in the Public Offering Statement or information which the Act requires to be
included in the Public Offering Statement but which is not so included. Unless the Act otherwise provides, the failure
of Declarant to comply with all of the requirements of the Act with respect to the Public Offering Statement shall not be
deemed a default under this Agreement nor shall such failure in any way affect Purchaser's obligation to complete
Settlement hereunder.
(g) Purchaser and Declarant agree that all disputes which before or after the Settlement arise or
maintain unresolved between the parties, shall be resolved by binding arbitration in accordance with 42 Pa. Cons. Stat.
§ 7301, et sue. and the Commercial Rules of the American Arbitration Association, as in effect on the date of the
recordation of the Declaration. The decision of the arbitrator shall be final and the arbitrator shall have authority to
awazd attorneys' fees and allocate the costs of arbitration as part of any final award. In the event the parties cannot
agree on the selection of the arbitrator, the parties shall submit the dispute to the American Arbitration Association,
which shall select the arbitrator. Notwithstanding the foregoing, if Declarant provides a warranty to the Purchaser,
either directly or through a third party, the terms, provisions, procedures and requirements of that warranty must first be
followed and completely exhausted before Purchaser can pursue any claim for arbitration described herein.
(h) Purchaser hereby acknowledges and agrees that the Association shall not be entitled or obligated
to institute any legal action against the Declarant on behalf of any or all of the Unit Owners which is based on any
alleged defect in any Unit or any damage allegedly sustained by any Unit Owner by reason thereof; but rather, that all
such actions shall be instituted only by the Person(s) owning such Units or allegedly sustaining such damage.
(i) The provisions of subparagraph (g) and (h) shall survive Settlement and delivery of the deed.
9. Assignment. Purchaser shall neither transfer nor assign this Agreement or any interest herein without
the prior written consent of Declazant, which Declarant may withhold for any reason or for no reason whatsoever. Any
purported assignment of this Agreement in violation hereof shall be voidable at the option of the Declarant and shall
constitute a default hereunder. Declazant's refusal to consent to an assignment shall not entitle Purchaser to terminate
this Agreement or give rise to any claim for damages against Declarant. Declarant may assign its rights hereunder and,
if such assignment shall be for the purpose of securing a lender to Declazant, Purchaser's rights hereunder shall, at the
option of such lender, be subject and subordinate to the rights of such lender. Upon foreclosure or deed in lieu thereof,
such lender may terminate this Agreement, whereupon the Earnest Money shall be returned to Purchaser, and Declazant,
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AOS 2-28-08 ~~
such lender and Purchaser shall be released from any further liability or obligation hereunder. Subject to these
limitations, this Agreement shall be binding upon and extend to the respective heirs, executors, administrators, and
personal representatives, successors and assigns of the parties hereto.
10. Brokers. Purchaser warrants that no broker, sales person or any other party, other than Declarant's
sales staff and Broker (if any Broker is identified in Section 1(f) above), was instrumental in submitting, showing or
selling the Units to Purchaser. Purchaser agrees to indemnify and hold harmless the Declarant from and against the
claims of any and all brokers and other intermediaries employed by, acting on behalf of or claiming to be employed by,
or claiming to be acting on behalf of Purchaser in connection with the sale of the Unit other than Broker. Declarant will
pay fees and commissions payable to Broker only if and in the manner set forth in a separate, written agreement
between Broker and Declarant.
11. Warranties.
(a) As used in this Section 11, "structural defects" means those defects in components consisting of
any Units or Common Element which reduce the stability or safety of the structure below accepted standards or restrict
the normal intended use of all or part of the structure and which require repair, renovation, restoration or replacement.
Nothing in this Section shall be construed to make the Declarant responsible for any items of maintenance relating to the
Units or Common Elements.
(b) Declarant warrants that there are no structural defects in the Units or the Common Elements.
(c) No action to enforce any warranty created by this Article 11 shall be commenced later than six
years after the warranty begins. The duration of the foregoing warranties shall be two (2) years beginning, as to a Unit,
upon conveyance of the Unit by Declarant and, as to the Common Elements, upon the later of completion of the
Common Element or the time the first Unit in the Condominium is conveyed by Declarant.
(d) THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER
WARRANTIES, EXPRESSED OR IIv1PLIED, INCLUDING BY WAY OF ILLUSTRATION AND NOT
LIMITATION, IlvIPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE AND HABITABILITY. DECLARANT NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO
ASSUME FOR DECLARANT ANY OTHER LIABILITY IN CONNECTION WTTH THE SALE OR USE OF THE
UNITS SOLD HEREUNDER, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR
WRITTEN, COLLATERAL TO OR AFFECTING THIS AGREEMENT.
(e) DECLARANT SPECIFICALLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NEITHER MAKES NOR ADOPTS ANY WARRANTY,
EXPRESSED OR IlVIPLIED, AS TO THE ITEMS OF PERSONAL PROPERTY BEING SOLD TO PURCHASER
PURSUANT TO THIS AGREEMENT (OR AS TO ANY "CONSUMER PRODUCT," AS SUCH TERM IS DEFINED
IN 15 U.S.C. §2301(1), WHICH MAY BE CONTAINED IN THE UNIT), EXCEPT THAT NO DISCLAIMER IS
INTENDED AS TO ANY WARRANTY REQUIRED TO BE MADE BY DECLARANT UNDER APPLICABLE
FEDERAL, STATE OR MUNICIPAL STATUTES, REGULATIONS OR ORDINANCES. WHERE NEW
CONSUMER PRODUCTS ARE COVERED BY A MANUFACTURER'S WARRANTY, DECLARANT SHALL,
SUBJECT TO THE PROVISIONS OF THIS SECTION 11, PROVIDE WARRANTIES OF NO GREATER SCOPE
NOR DURATION THAN THAT GRANTED BY SUCH MANUFACTURER'S WARRANTY.
(f) The warranties set forth herein shall not apply if the defective part of the Units or of the Common
Elements has been subjected to misuse or damage by accident or has not been afforded reasonable care. The liability of
Declarant under this warranty or for negligence or other breach of this Agreement is limited to replacing or repairing
any defective parts or materials which do not comply with this warranty and in no event shall such liability exceed the
replacement cost of the Units. In no event shall Declarant be liable to Purchaser for consequential damages arising from
any breach of this warranty or for the negligence of Declarant or other breach of this Agreement by Declarant.
Declarant shall have the sole right to determine whether the defect shall be corrected by repair or replacement, and
Purchaser shall make every reasonable effort to make the Units, together with reasonable access thereto, available to
Declarant and its agents and invitees during normal business hours in order to permit such repair or replacement to be
made.
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AOS 2-28-08
(g) No claim aiising out of any of the foregoing warranties may be brought unless, prior to the
expiration of the warranty periods set forth above, Purchaser shall have delivered notice to Declarant of all alleged
breaches of these warranties that would give rise to such a claim.
(h) Declarant's maximum liability for breach of any warranty under this Agreement or under the law
is limited to replacing or repairing any defective parts or materials which do not comply with such warranty. In no event
shall such liability to Purchaser exceed the Purchase Price. Seller shall not be liable to Purchaser for special or
consequential damages or personal injuries arising from any breach of these warranties or any other breach of this
Agreement by Declarant. Declarant shall have the sole right to determine whether the defect shall be corrected by repair
or replacement. Purchaser shall make every reasonable effort to make the Unit, together with reasonable access thereto,
available to Declarant and its agents and invitees during normal business hours in order to permit such repair or
replacement to be made.
12. Zoning and Code Violations. Declarant hereby also warrants and represents that the proposed use of
the Unit is in compliance with the zoning laws and ordinances pertaining thereto; and as of the Acceptance Date there
are no outstanding notices of any uncorrected violations of the applicable housing, building, plumbing, electrical, safety
or fire ordinances applicable to the Unit that will not be cured prior to the Settlement Date.
13. Offer. If Purchaser shall execute and deliver this Agreement together with the Earnest Money
required hereunder without Declazant's execution hereof, then this Agreement shall be considered a firm offer by
Purchaser which shall remain open in consideration of Declarant reserving the Units for Purchaser for a period of ten
(10) days from the date of Purchaser's execution hereof, and may be accepted and executed by Declarant at any time
during said period. Upon execution by Declazant, an executed copy of this Agreement shall be sent to Purchaser;
otherwise the offer shall be considered rejected and all funds paid by Purchaser to Declarant shall be promptly refunded
to Purchaser.
14. Cations, Etc. The Section captions are for the convenience of the pafies and shall not be used in
interpreting or construing the meaning of any pazt of this Agreement. The singulaz number denotes the plural numbers
and the masculine gender denotes the feminine or neuter genders wherever appropriate.
15. Condemnation or Destruction.
(a) As between Declazant and Purchaser, risk of loss or damage to the Units between the date of this
Agreement and the time of delivery of the deed to the Units is assumed by Declarant.
(b) In the event that a Unit or such portion of the Common Elements as is reasonably necessary for
safe and comfortable access to a Unit is destroyed or materially damaged or taken by eminent domain proceedings prior
to the Settlement Date, Declarant may, as its option, by notice to Purchaser within thirty (30) days following such
destruction or material damage, cancel this Agreement, in which event the Earnest Money with interest earned thereon
shall be refunded to Purchaser. Declazant's liability in such event shall be limited to the return of the Earnest Money. If
Declarant does not elect to terminate this Agreement as aforesaid, then Purchaser shall not be relieved of his/her duties
hereunder, unless the damaged or destroyed portions of the Building are not restored to the condition they were in prior
to the damage or destruction, or the Building, after such taking, is not restored to its full utility and use within one (1)
year from the date of such damage or destruction, or taking, as the case maybe, in which event Purchaser shall have the
right to terminate this Agreement by notice to Declarant within thirty (30) days after expiration of said one (1) year
period. In the event of such taking or destruction, if Declarant and/or Purchaser do not elect to cancel this Agreement
pursuant to this Section 15, the Settlement Date shall be delayed until the completion of repairs or restoration of the
Unit. For the purposes of this Section 15, damage or destruction to a Unit shall be "material" if a reasonable estimate of
the cost of repair thereof shall exceed an amount equal to one-half of the Purchase Price of the Unit and damage or
destruction to the Common Elements shall be "material" if a reasonable estimate of the cost of repair thereof shall
exceed $100,000. If "damage or destruction" occurs which is not "material" as defined in this section, Declazant shall
repair the damage or destruction not later than the Settlement Date and Declarant may delay the Settlement Date to
accomplish same.
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16. Entire Agreement.
(a) This Agreement constitutes the entire agreement between the parties with- respect to the subject
matter hereof and there are no other terms, obligations, covenants, representations, statements or conditions, oral or
otherwise, of any kind whatsoever that are not herein referred to or expressly incorporated by reference. Any agreement
hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of this Agreement in whole
or in part unless such agreement is in writing and signed by the party against whom enforcement of the change,
modification, discharge or abandonment is sought. All amendments, supplements or riders hereto, if any, shall be in
writing and executed by both parties.
(b) THERE ARE NO COLLATERAL UNDERSTANDINGS, REPRESENTATIONS OR
AGREEMENTS OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN OR IN THE PUBLIC OFFERING
STATEMENT, NO SALESPERSON, EMPLOYEE OR AGENT OF THE DECLARANT HAS THE AUTHORITY TO
MODIFY THE TERMS HEREOF, OR HAS ANY AUTHORITY WHATSOEVER TO MAKE ANY REFERENCE,
REPRESENTATION OR AGREEMENT NOT CONTAINED IN THIS AGREEMENT OR THE PUBLIC OFFERING
STATEMENT AND ONLY THOSE CONTAINED HEREIN AND IN THE PUBLIC OFFERING STATEMENT
SHALL BE BINDING UPON DECLARANT, OR SHALL GRANT ANY RIGHTS TO PURCHASER OR IN ANY
WAY AFFECT THE VALIDITY OF THIS AGREEMENT OR FORM ANY PART HEREOF. PURCHASER
ACKNOWLEDGES THAT, OTHER THAN EXPRESSLY STATED HEREIN AND IN THE PUBLIC OFFERING
STATEMENT, NO REPRESENTATIONS HAVE BEEN MADE BY DECLARANT, TTS AGENTS OR
EMPLOYEES, IN ORDER TO INDUCE PURCHASER TO ENTER INTO THIS AGREEMENT OF SALE.
PURCHASER ACKNOWLEDGES THAT ANY INFORMATION RECEIVED BY IT FROM DECLARANT OR
DECLARANTS PARTNERS, AGENTS OR EMPLOYEES RELATING TO CARRYING COST, TAX BENEFITS
OF OWNERSHIP, OR OTHERWISE WAS OFFERED AS AN ESTIMATE ONLY AND PURCHASER DECLARES
THAT PURCHASER DID NOT RELY THEREON IN ENTERING INTO THIS AGREEMENT.
(c) Furniture, wallcoverings, furnishings or the like as shown in or about any model unit aze for
display purposes only and aze not considered a part of such unit for the purposes of this Agreement. Further, the
location of wall switches, thermostats, chases, plumbing, electrical outlets and similar items may vary from unit to unit
and may not be as shown in any model unit. Any floor plans, sketches or sales drawings shown to Purchaser other than
those which are a part of the Plans or the Public Offering Statement are for display purposes only and may not be
exactly duplicated. The Unit is being sold unfurnished and will contain only the appliances and equipment installed at
the time of inspection of the Condominium Unit by Purchaser. Declarant will finish and equip the Unit only in
accordance with Schedule A. Any scale model of the project is only an artist's conception and is subject to change.
17. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of
the Commonwealth of Pennsylvania, including the choice of law rules thereof. A defined term shall be deemed to
include all derivatives thereof, unless a contrary intent is expressed.
18. Notices. All notices, demands, requests and approvals that may or are required to be given by either
party hereto to the other shall be in writing and shall be deemed to have been sufficiently given if deposited in the
United States Mail, registered or certified, return receipt requested, with all postal chazges prepaid, and addressed to the
addresses stated in Item I of the Schedule (the Home Address for Purchaser) or to such other address as such party may
have fixed by written notice given pursuant to this Section 18. Notices mailed as aforesaid shall be deemed received
three (3) business days after the date of mailing thereof.
19. Severabilitt ,Merger. The invalidity of any provision of this Agreement shall not affect the validity or
enforceability of any other provision set forth herein. The terms hereof shall be merged into and extinguished by
delivery of the deed at Settlement except for Sections 5(e), 7(d), 7(e), 7(f), 10, 11, 16, 19 and 20 which shall survive
delivery of the deed and shall not be merged therein.
20. Master Insurance Policy. If not delivered to the Purchaser prior thereto, on the Settlement Date,
Declazant shall deliver to Purchaser an insurance certificate disclosing the types and amounts of Association insurance
in force.
21. Intentionally Deleted.
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AOS 2-28-0 r~~~ /`~
22. Occu~ancy. Purchaser acknowledges that AT LEAST 80% OF THE UNITS WITHIN THE
CONDOMINIUM ARE PRESENTLY INTENDED FOR OCCUPANCY BY PERSONS 55 YEARS OF AGE OR
OLDER. Purchaser further acknowledges that, with limited exceptions, the Declaration of Condominium (the
"Declazation") currently requires each occupied Unit to have, as a permanent resident therein, at least one person who is
age 55 or older and prohibits occupancy by any person under the age of 19. Purchaser agrees to provide with execution
of this Agreement and again at Settlement, evidence acceptable to Declarant of the names and ages of the intended
occupants of the Unit and to execute at Settlement an affidavit, in such form as Declarant may request, affirming that
such occupancy will be in compliance with this occupancy restriction. Notwithstanding this, Purchaser acknowledges
that the Declaration may be amended and that any such amendment could eliminate these age restrictions or modify the
restrictions on occupancy to permit occupancy by families with young children without Purchaser's consent.
23. Radon. As a precaution, Declarant shall prepare the Home for radon mitigation with the rough-in
installation of a radon mitigation stack. Purchasers recognize that any collection of radon gas after the completion of
the Home will be Purchasers' sole responsibility and the provisions for ventilation therefore shall be at Purchasers' sole
cost without any liability on the part of the Declarant.
24. Mold. Mold is found in both the indoor and outdoor enviromnent, including homes. Mold growth is
highly dependent on the presence of moisture. When a mold spore comes into contact with a wet or damp surface
indoors, the mold begins to grow. Mold spores will not grow unless there is moisture present in the Home. Therefore,
as homeowners, whether or not Purchasers experience mold growth depends to a lazge extent on how Purchasers
maintain the Home and whether there is source of moisture present in the Home. As a homebuilder, Declazant's
responsibility is limited to things that Declazant can control and which aze provided for in the warranty. By executing
this Agreement of Sale, Declarant is not responsible for any damages caused by mold, including but not limited to,
property damage, personal injury, loss of income, emotional distress, loss of use and adverse health effects.
25. Title Insurance. Unless Purchaser elects otherwise as set forth at the end of this Agreement beneath
the signatures, the Purchaser hereby authorizes Declarant to order title insurance from the Title Insurer. At Settlement,
Purchaser shall pay all premiums and other costs chazged by the Title Insurer for the title insurance. Purchaser agrees
that in the event Purchaser later decides to use a title company other than the Title Insurer, or to not obtain any title
insurance, Purchaser shall be responsible for all charges imposed by the Title Insurer for expenses incurred on behalf of
Purchaser prior to the date Purchaser informs Declarant of his/her decision to not use a title company or use a title
company other than Title Insurer.
26. Mortgage Loan. Unless Purchaser elects otherwise as set forth at the end of this Agreement beneath
the signatures, the Purchaser hereby authorizes Declarant to process Purchaser's mortgage loan application. Purchaser
shall pay all fees, points, escrows and other costs charged by the lender for the application, commitment and loan.
Purchaser agrees that in the event Purchaser later decides to use another lender, or to not obtain any mortgage loan,
Purchaser shall be responsible for all chazges imposed by the lender for expenses incurred on behalf of Purchaser prior
to the date Purchaser informs Declarant ofhis/her decision to not use the lender or use another lender.
27. Construction Site Entry. CONSTRUCTION SITES ARE INHERENTLY DANGEROUS. Purchaser
agrees not to enter the construction site without express prior permission from Declarant. Purchaser hereby assumes all
risk of personal injury and damages resulting from such construction site entry, and further agrees to save and hold
Declarant and its contractors and subcontractors harmless from any injury or damages sustained or suffered by
Purchaser and Purchaser's invitees while present at the construction site.
28. Riders. The following Riders aze attached hereto and made a part of this Agreement:
(a) Notice of Affiliated Business Arrangement Disclosure Statement.
29. Approvals. This Agreement is conditioned upon the Declarant obtaining all governmental
approvals for the Traditions of America at Silver Spring Condominium.
[SINGATURE PAGES TO FOLLOW]
-11-
AOS 2-28-08
~'
PURCHASER(S) (Seal)
Robert L. Goodall
(Seal)
Alic S Goodall
DECLARANT: TOA PA VII, L.P.
by , a general partner,
By.
Date: t3 '~~1~
(Deemed to be the date of the Agreement)
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AOS 2-28-08
EXHIBIT "A"
DECLARANT WORK SPECIFICATIONS
EXTERIORS FEATURES KITCHEN FEATURES
42" hei t cabinetry with crown molding and brass or
_ Solid color beaded vinyl siding, with stone/brick. _ ~
Aluminum gutters and down spouts. chrome knobs
Pull out shelves in all base cabinets
-_ Aluminum wrapped trim and window surrounds. -_ Electric range with self-cleaning oven
_ Varied roof pitch. Multi-cycle dishwasher.
_ 30 year warranted roofing shingle. - Belt-in microwave above
_ Ridge and soffit venting for natural cooling in
summer and reduced condensation in
winter.
_ Andersen, Low E double hung, insulated windows
that tilt in with screens.
_ Shutters on selected windows.
_ Steel overhead gazage doors with automatic door
opener with keyless entry.
_ Insulated front doors with sidelights and brass
hazdwaze, doorbell and kick-plate.
_ Private covered front entry.
_ Two frost-proof hose bibs.
_ Concrete service walks to driveway.
_ Patio or Deck in selected Locations.
_ Underground utilities.
_ Streetlights.
_ Public water and sewer.
_ Two exterior weatherproof GFI safety outlets.
_ Landscaping packages, front yard sodded, remaining
area seeded.
_ Shrub bed and lawn maintained by Homeowners
Association.
INTERIOR FEATURES
_ Nine foot ceiling throughout first floor.
_ Master bedrooms with walk-in closet(s).
_ Volume, sloped, tray and vaulted ceilings where
shown on plan.
_ Entry foyer with durable ceramic the floor or
hardwood.
_ Two-car gazage with storage shelf.
_ Permanant or pull-down attic stairs for extra storage
over garage, when applicable..
_ Six panel colonial doors throughout home.
_ Brass lever style handles on all doors.
_ T'V cable and telephone outlets in selected rooms.
_ Separate laundry room.
_ Wall to wall carpeting in living areas.
_ Vinyl clad closet shelving.
_ Rocker switches throughout.
Wood window trim with 3" window sill.
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AOS 2-28-08
-13-
range.
_ '/a horsepower garbage disposal.
_ Double bowl stainless steel sink.
_ Single lever faucet with side sprayer.
_ No wax vinyl flooring.
_ Water line for icemaker hook up.
Overhead kitchen lighting.
_ pantry cabinet-style closet
BATHROOMS
_ Chrome or brass strip lighting.
_ Anti-scalding chrome tub or shower faucets
_ Chrome lever handle sink faucet.
_ 48" Tri-View medicine cabinet.
_ Cultured marble sinks.
Shower with glass shower enclosure.
-_ Mirrored medicine cabinet with beveled edge.
_ Raised vanities.
_ Linen closet for all bathrooms
_ Ceramic file floors
_ Exhaust fanlight combo in all bathrooms.
17" Elongated Commode.
ENERGY EFFICIENCY
_ Natural gas forced air heating with 90-x" %
efficiency.
_ 13 SEER Central au' conditioning'
_ Low E double hung, insulated windows that tilt in
with screens.
_ Energy saver 50-gallon gas hot water heater.
_ 200 AMP electric service
_ Roof vent and vented soffit to maximize attic
ventilation.
_ Fiberglass front door with core insulation.
_ R 15 wall insulation & R 40 ceiling insulation (R 30
in volume ceilings).
_ Expandable foam installed at all exterior penetrations.
All homes covered with Tuff-R for energy efficiency
CUSTOMIZING AMENDMENT TO
AGREEMENT OF SALE
Traditions of America at Silver Spring Condominium No. 1
DECLARANT: TOA PA VII, L.P., a Pennsylvania limited partnership
PURCHASER(S): Robert L. Goodall and Alice S. Goodall
UNIT
PURCHASED: Unit#Ot)000064 -LINCOLN, 2 STORY BEDROOM & BATH SLAB ON GRADE, Left Driveway
Address known as: 31 Presidents Drive ,Mechanicsburg, PA 17050
DATE OF
AGREEMENT
OF SALE: 08/11/2008
Pursuant to this Amendment, Purchaser and Declarant hereby amend the above-referenced Agreement of
Sale (the "A~reement") to account for additions and/or deletions to the Declazant Work Specifications set forth in Exhibit
"A" of the Agreement, as follows:
1. Declarant may offer .Purchaser vazious color selections, upgrades, and/or extras on items that
may be installed in the Unit (collectively the " tions"). Purchaser shall notify Declazant of Purchaser's decision regarding
the Options no later than five (5) days after the Options are presented to Purchaser. If Purchaser fails to notify Declarant
within the time required, Purchaser conclusively shall be considered to have authorized Declarant to select the colors, to
have accepted the standard items, and to have elected no extras. If Purchaser selects any upgrades or extras as offered by
Declazant, Purchaser immediately shall pay to Declarant the cost of the upgrades and extras, and Declarant shall have no
obligation to do any of such work until payment is redeemed. Sums paid for upgrades or extras shall be paid to Declarant,
shall not be placed in escrow and shall benon-refundable. The cost of the Options, as defined below, shall be added to the
Purchase Price, as defined in the Agreement, so that the Purchaser pays the Purchase Price and the cost of the Options set
forth herein at Settlement.
2. Purchaser hereby elects the following structural upgrades and extras ("Options"):
AdLustments to the Unit Cost + or -
(a) Founders Circle Credit
(b) FREE Options: Sign AOS by 8/15/08
(c) FREE Options: Settle by 2/09
(d)
(e)
(fl
(g)
(h)
(i)
G)
(k)
Total amount due for options
25% deposit payable upon execution of Agreement
Total amount due at Settlement for Options
$-5,000.00
$-5,000.00
$-2,500.00
$
$
$0.00
$0.00
$0.00
TOTAL PURCHASE PRICE INCLUDING OPTIONS
C -1-
AOS 2-28-08 1
$ 333,800.00
3. Except as expressly modified wand ~ ~n hanged here y. terms, covenants; conditions and
provisions of the Agreement shall remain in full force and e
Executed by Purchaser(s) this 11th day of August, 2008.
PURCHASER(S) ~ (Seal)
Robert L. Goodall
eal)
ice 1
Accepted by Declarant this ~ ~ ~ ~Y o~~20v9
sy.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ROBERT L. GOODALL AND ALICE S.
GOODALL, Husband and Wife,
Plaintiffs
V.
TRADITIONS OF AMERICA, INC.
and
No. 09-0194 Civil Term r-1 r -,
JURY TRIAL DEMANDED
=C)
TOA PA VII, LP A Pennsylvania Limited :
Partnership,
Defendants
PRAECIPE TO SETTLE, SATISFY and DISCONTINUE
To: David D. Buell, Prothonotary
Please mark the above-captioned action settled, satisfied, and discontinued.
Respectfully Submitted,
Date: March 21, 2012
By:
PECHT & ASSOCIATES, PC
1205 Manor Drive, Suite 200
Mechanicsburg, PA 17055
(717) 691-9808
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that on this day, I served the foregoing document upon the following
person, by depositing a true and correct copy in the United States mail, first-class postage
prepaid:
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Dated: March 21, 2012 By