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Home My WebLink About09-1519II `Z) HOME DESIGNS UNLIMITED, LLC, Plaintiff vs. MARK A. WHITMOYER and DEBBIE WHITMOYER, his wife, Defendants NOTICE TO DEFENDANTS NAMED HEREIN: IN THE COURT OF COMMON PLEAS O CUMBERLAND COUNTY PENNSYLVANIA CIVIL AC , ION - LAW NO. Ll q ? / 519 r- Q, YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFT CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TI TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AT' WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION: FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL T, MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE EN7 BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTI YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMI .ND AGAINST THE EKE ACTION WITHIN SERVED, BY 'ORNEY AND FILING IN TO THE CLAIMS SET DO SO, THE CASE ERED AGAINST YOU LAIMED IN THE D BY THE PLAINTIFF. ORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P. CUMBERLAND COUNTY BAR ASSOCIA 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 HOME DESIGNS UNLIMITED, LLC, ) Plaintiff ) MARK A. WHITMOYER and DEBBIE ) WHITMOYER, his wife, } Defendants ) COMPLAINT IN THE CC PLEAS OF COUNTY, CIVIL ACT NO. D 5 AND NOW comes the above-named Plaintiff, by its attorney, makes the following complaint in this matter: 1. The Plaintiff is Home Designs Unlimited, LLC, a limited k under the laws of the Commonwealth of Pennsylvania with its princi Club Road in Carlisle, Cumberland County, Pennsylvania. 2. The Defendants are Mark A. Whitmoyer and Debbie Wh reside at 837 Sandy Hollow Road in New Bloomfield, Perry County, 3. Plaintiff has been engaged in the construction business suit. 4. In June of 2006, Plaintiff and Defendants entered into a contract whereby Plaintiff was to construct a contemporary home witi Defendants at their property in New Bloomfield, from which the Defei Plaintiff the sum of $491,433.00. A copy of the residential construct hereto and marked as EXHIBIT A. 5. The home and garage to be constructed pursuant to the designed by Defendants and, in particular, Mark A. Whitmoyer. Atta as EXHIBIT B are copies of the plans prepared by Defendants and p construction of the home. 6. During the course of the construction of Defendants' pror to a series of modifications of the scope of work and the terms of the Plaintiff was to provide certain additional or modified services and up agreed to pay additional sums or, in some instances, the parties agre receive a credit. The changes to which the parties agreed, including and the scope of work to be done are described in nineteen change c Plaintiff and submitted to Defendants. Copies of those change order marked collectively as EXHIBIT C. vs. ?URT OF COMMON CUMBERLAND PENNSYLVANIA N -LAW /,5-1 C/ c ",`l *ck L. Andes, and ity company organized offices at 199 Beagle coyer, his wife, who :nnsylvania. all times relevant to this construction detached garage for cants were to pay n contract is attached id contract was ,d to Plaintiff for the hereto and marked ,ders prepared by arty, the parties agreed agreement whereby rades and Defendants 'd Defendants would changes in price, credits, are attached hereto and 7. The changes in work and the charges and credits for such described in the change orders attached hereto as EXHIBIT C are th which Plaintiff and Defendants agreed upon regard to the change in 8. Pursuant to the agreement of the parties, payments were Defendants or their bank to Plaintiff at Plaintiffs office in Carlisle. T changes, as listed and e prices and changes :he contract work. to be made by iroughout the construction of the home, payments were made by Defendants or th it bank to Plaintiff at their place of business in Carlisle. 9. Plaintiff well and truly performed its obligations under the the residence and garage for Defendants in accordance with the con order. 10. Section 5.2 provides that the balance of the contract payments required by the contract would be made by Defendants to of the following events: (1) substantial completion of the building; (I certificate of occupancy to Defendants; or (3) occupancy of the build 11. The construction of the property was substantially comp 2007, at which time the appraiser engaged by the bank which grante issued a "satisfactory completion certificate." A copy of that certifu marked as EXHIBIT D. 12. Defendants took occupancy of the residence and garage exact date of their occupancy is not known to Plaintiff but is believed of 2008. 13. As a result of the satisfactory substantial completion of and Defendants' occupancy of them, Plaintiff is entitled to payment ii 14. During the course of Plaintiff's work on the project, Defei a series of substantial payment to Plaintiff against the contract price, change order. Further, as a result of the changes in the work to be d parties agree upon several credits to which Defendants were entitled change orders attached hereto and marked as EXHIBIT C. 15. As a result of the payments made by Defendants and thi against the contract price to which the parties agreed, the balance DE Plaintiff on the contract price, as modified by the change orders, befc Defendants have owed Plaintiff that amount since March of 2008. 16. Despite repeated requests and demands by Plaintiff, Defy refused to pay the balance owed to Plaintiff for its work under the cor Defendants, by their conduct, have injured Plaintiff in the amount of S act by constructing plans, and change and any other laintiff upon the earliest Plaintiff providing a g by Defendants. ted in December of Defendants' financing, is attached hereto and sometime in 2008. The c) be prior to November residence and garage full under the contract. dants or their bank made is modified by the )ne by Plaintiff, the as set forth on the bank, and the credits naams now owe interest, is $52,485.96. lants have failed and ct and change orders. ,485.96. WHEREFORE, Plaintiff demands judgment against Defendar $52,485.96, plus interest from and after 1 March 2008, plus costs of SaMuel L. Awes Attorney for Plaintiff Supreme Court ID #1' 525 North 12U' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 in the amount of it. 5 I verify that the statements made in this document are true that any false statements in this document are subject to the pen,, (unsworn falsification to authorities). Date: 31101 Oq correct. I understand of 18 Pa. C.S. 4904 HOME DESIGNS UNLIMITED, LLC. t:" ? IK 74 David R. Thompson, Residential Construction Contract L AGREEMENT made the, ' day of , 20 o U by and between Home Designs Unlimded, LLC (hereinafter referred to as "Contractor') and of (hereinafter referred to as "Buyer") 3'3 A WITNESSETH that in consideration of the mutual covenants and Teenux herein contained, and in intending to be legally bound hereby, the parties hereto do agree to the follterms and conditions: 1. Definitions. The following.tenns shall have the -assigned meanings r the purposes of this agreement: 1.1. Contract Documents. The contract documents consist of this (including specific orders relating to this agreement. These aforesaid ? the entire contract between the parties, and shall not be modified except by writtt imomt to the said contract documents. The contractdocuments-da not include specificallyexclude any and all oral discussions, understandings, and agreements between th: said parties prior to the execution of this agreement. See Exhibit A, B & C 1.2. Allowances. An allowance, as used in this agreement, means the Contractor's good faith estimate of the cost to provide the work, supply, material or 'cal advice necessary to complete the portion of the project identified, which may be adj up or down when actual costs have been calculated. Buyer shall .immediately pay for any allowance overage at the time of the calculation Fail= to pay for any wance overage will cause Contractor to stop work until payment is made. 2. Contract Work. The Contractor agrees to furnish all material and lab necessary for the construction of at CbctNfnvrj%r bra "n >>E t MJ.,L..X eZaa,, ^ property of Buyer, which property is located and situated at work to be performed under this contracct, Buyers shall pay to the accordance with pwagrao (5) herein below, and subject to payments in accordance with p ph (f)i herein bei t3d. by subparagraph (53) of this contract. THE ABOVE STATED CONTRACT IS BINDIN UPON CONTRAI CONTRACT WORK IS comet ENCED wnuN, TJ35(yS AFTER THE CONTRACT. IN THE EVENT CONTRACT WORK IS NOT COMMI] N( FROM THE DATE OF TW CONTRACT, BECAUSE OF -PERMIT, WEB SUBCONTRACTOR DELAY OR A DELAY FOR ANY OTHER REAS SOLE OPTION, MAY TERMINATE THIS C NTRA AND PRICE WITH BUYER. X Af A.w.?.u.. / 3. obligations amuyer. 61-81M A upon the In considavAon for mtractor the sum of z($ AQ1,s??? : nn ) in d/or deductions for other order as provided in IR ONLY IF TRE TE OF THLS OD WITTI N,46 DAYS iER OR MATERIAL OR y, )ONTRACT OR, AT ITS A NEW C6NTi'RACT l `?er Ner,01 a b.? 3.1. Prior to the commencement of construction, Buyer shall: 1) obb an attorney's gertificabe of title to the property, which certificate other proof of Buyer's ownership of the premises which is sat-isf legal counsel, and 2) sign a -Stipulation against Liens fimn to be expense, in the Office of the Prothonotary in the coon y where ti 3.2. Buyer shall furnish to the Contractor all necessary surveys descri characteristics, soils, reports and subsurface investigations, restri restrictions, legal limitations, utility locations, and a legal descril Buyer shall review the plans and specifications. submitted by Coi prompt written notice to the Contractor of any fault or defect in t specifications. 3.3. Buyer shall pay to Contractor all sums due and owing in accords (6) herein below and shall maintain the insurance required by par 4. QbfigpfigW of Contractor. 4.1. Contractor will provide all construction supervisions, inspection, equipment, and subcontracted items necessary,for the execution 9 contract work. 4.2. Contractor will pay all sales, use, gross receipts and similar taxes to be provided by the Contractor, which taxes have been legally e execution ofthis agreement. 4.3. Contractor shall supervise and direct the work, using his best SHE 4.4. Contractor warants to the Buyer that all materials and equip contract work shall be new unless otherwise specified, and the at good qty, in conformance with the contact documents. 4.5. Contractor shall be responsible- for the acts'and omissions of its el sum engaged by Contractor,.. their-agents andearploym performing any of the weak under this contract on behalf of or wi 4.6. The Contractor shall at all times keep the premises reasonably fro waste materials or rubbish caused by the options of the Contras the weak, the Contractor shall remove all tools, construction equi; surplus materials, and shall leave the work "broom" clean or its eG otherwise ifiecL 5. Payment of Contract Price Frogs Payments 5.1. Inconsideration for the performance of the contract work, Buyer a current fiords, as compensation for its services, the contract price ( Oil _!? -- [Lnti A i elo?. E 0 tt??cttnr? c..> .A n.1 .(S •q t 5.2. The -, ( to -prov?ons ?ofpwagraph (2) price shall be paid by Buyer to Contractor by tank the bared upon written applications for payment which may be submit following times: $ Deposit due upon execution of this Agreement Ccr,kr-ca._?{' % of the.Contract. upon the completion 6 ` 2 )? n and deliver to Contractor hall be in proper form, or *ory to Contractor and its romptly filed, at Buyer's property is located. ing the physical hve covenants, building ion of the building site. ractor and shall give said plans and with Paragraphs (5) and rph (7) of this contract. or, Mded ls, tools, completion of the to the contract work at the time of and attention. - incorporated into the contcecx work will be of Ployees and all .and all other persons ? the Contractor. from the accumulation of or. At the oompleti m of Owkt, machinery and dvalent, except as FD-)W to Pay Contractor, in or certified check by Buyer at the ? Tom;. n '00 V l ? 4 U % of the Contract Price when the roof is completed, are completed and when all windows are set in place; % of the Contract Price when the installation of elec in rough form, are completed; % of the Contract Price when the interior drywall is 1ainfing; Balance of Contract Price, and any other payments required by paragraph (6) earliest to occur of- 1) substantial completion of the building as outlined here certificate of occupancy to Buyer, or 3) at the time. of occupancy of the buddi (Bank/Mortgage Co. payments and or Draw Schedule to override payment scl exception of Non Refimdable Deposit, if given prior approval by Contusctor). 5.3. The Buyer, without invalidating the contract, may order changes i additions, deletions, or r>?odificatioans, the contract sum and thew accordingly. All such.changes in the work shall be authorized by signed by the Buyer. 5.4. A change order is awritten order to the Contractor signed by the ] agent and issued after the execution of this agreement, autbariziq and/or an adjustment in the Coact Price, or the performance tin 5.5. The cost or credit to the Buyer for a change in the work shall be d firming and sheathing and plumbing systems, and ready for rein under, upon the 2) Contractor providing a by Buyer. of contract, with the work consisting of tract time being adjusted fitten change-order yer or his authorized change in the project schedule. =fined solely by 5.6. The of final payment shall constitute a waiver or all c by the Buyer except those arising from (1) unsettled liens (2) faults or defects appearing one year after completion. or (3) failure of tine work to comply with the of the oontract documents. The acceptance of final payment shall constitutc a er of all claims by the Contractorexoept those preciously-made in x?vriting Snot still 6. OtbwftMuO . The following item" be paid by the Buyer in • The cost of excavating which includes the cost of rock removal, rel removal requires the aid of explosives. o Additional costs involved in providing extra engineering or founds required by the towM&Wbcnough-or .in the cappinion of-Ca or, abnormal or unusual subterranean conditions during the course of c • The cost of extra concrete block and labor necessary to install the a foundation that may be required in excess of blueprint specification • The cost of labor and materials needed to divert or control surface t during the course of construction • The cost of all fill and topsoil required to back6ll.and ode the job • The cost of removal of all excess dirt and fill from the job site. o All real estate taxes, benefit assessments, water, gas, electrical or of rents and homeowner's association fees and other public or govemr • The cost of excessive snow or rain waxer removal. incl,/udeiM?Buyer, the Coeto the cont 7. Inusurance. Unless otherwise. provided, the -Buyer shall purchase end upon the entire contract work at the site to the full r?ubc e ract price. of whether such work which may be Contractor emaounters for the conshucdon of subsurface water found ECICT)CiC public utilities, ground tal charge. property insurance insurance shall on)rag work and M X shall insure against the perils of fire, extended coverage, vandalism and malicious mischief; any insured loss to be adjusted with the Buyer and made payable to the B er as trustee for the insureds as their interests may appear, subject to the requi rents of at y mortgagee clause. The Buyer shall provide a copy of all policies to the Contractor prior to the mmencement of the work. The Buyer and _Contractor waive all.rights.agamst each other fbi damages carrsedby.fire or other perils to the extent covered by insurance provided under this pam pWk The Contractor shall require similar waivers by Subcontractors: 8. COnvotion of Work. The Contractor shall correct any work that fails conform to the requirements ofthe contract documents where such hilure to-conform- during -the progress of the work, and shall remedy any defects due to faulty materials, equri or wmimumship which appear within a period.of one year from the date of completion o the contract. The provisions of this paragraph apply to the w+Ork of Subs as we as to work done by direct employees of rte Contractor. Contractor does not warrant a waLerproo or damp proof basement. Contractor agrees to provide Buyer with a complete list of warrantable non ca ble items The Contractor makes,.and-there exist; no other warranties, written or ' . plied, concerning the contract work or any other subject matter of this agreement. 9. Contract Comma mcment and Completion. 9.1. The work to be performed under this contract shall be commencec on or about bxot *# or within 15 days after the date Buyer has fulfilled all obWons by paragraph (3) of this contract, and within 15 .days after the issuance of the b ' permit by the borougbhownship, whichever last occurs, and except as otherwise provided or - - itted by the contract shall be substanhAW completed no later than -2 4o Fmo-a. sqa.4- dC Con*W 9-2. If the Contractor is delayed at any time in the progress of the con 'on work by any act or failure or neglect of the Buyer or by changes ordered in the prc j . or by labor disputes, fire, unusual delay in transportation, adverse weather conditions, unav dabl a casualties, or any causes beyond the Contractor's control,-or a4elay-authorized by th -, Buyer, then. the-date for substantial completion shall be extended by a period of time equal the period of such delay. 9.3. Buyer accimowledges and understands that commencement and con letion times represent the best professionpl won of the Contractor. Unless odwavis e provided herein, Buyer shall be responsible for any and all rem, utilities and mortgage' enses, rater lock ) and relock fees or other fees during tire-eatut construction pro of WIMAW additional time is required for construction to be completed dverse ; a conditions, vweadw, permit delays, scheduling problems, material ability, or for any other reason beyond the Contractor's control. • Neither the Buyer nor the Contractor shall assign their or its respective ' interests in this agreement without the written consent-of the other, except. to the assignment of prmmd % Er D This BOO p agreement shall be governed by the laws in effect at the 1 'o n thus pff sect. 4 s III / III In witness whereof, the parties hereto, INTENDING TO BE LEGALLY (BOUND, have signed this agreement as of the date first above written. Home Designs UnHmihd, LLC Design & Constimetion Contractor If ?, ,1 F `? -,, Nr B Authorized Signadre ?ant?c?c!-c?r' ?cees ?, nSo°r c???; cci.?e or ?re?1? ccL}e, s?s? j'?'s , Cia.si JcC}S , Q.r1r? 1 -?S a'1- can c?-Y?. 041 c,? OheA i-; n ,.k ? y +0 , I pe'r'm; ss' on F ra") Oac is r ?OG"? IF-up"R 17 t 5 Job Name Mark and Debbie Whitmoyer Location 837 Sandy HoUaw Rd. New B, PA 17068 Date I. FAdmates =d Anawaaces - ---.....,...,us. Fixed F h*W 1+ Mstieg, Back511ing, Rough Grade X Drlveway Stone X Dymmift Bering Clean & Grub See Item #6 of Consau X Top Soil & FM See Item #6 of Como w TOTAL ESTMATES / ALLOWANCES FOR EARTHMOVING 1 2 3 4 5 6 7. x 9 IR il. 12. 13. 14. 15 16. TOTAL FORM[SCELIANEOUS ESTIMATES /ALLOWANCES TOTAL OF ALL ESTIMATES / ALLOWANCES INCLUDED IN SECTION I IL Rorie Contract a- s? m?.rN Oak 3' IQ. Howe Featares/Optlem Iad¦ded I Secti m I **See Addemmlim „C^ Spedgexdm lkwDwlffla v r ` r Exhibit A Junes, 2006 7I7--703-3659 717-514-0168 $ .12,600.00 $ _ 3,000.00 $ s $ $ $ I$ h $ $ S $ 4,3M00 $ S 191,987.00 $ 204.587.00 $ 491,433.00 p capy Standard Specifications Lwedor Choice of Interior Doors.-From, Standard Line • 3 %: Colonial Baseboard Trim • 2 Yr Colonial Casing • All Windows Trimmed - Inc Largo Window Sills • Maytag (or equel) Appliances to Include Range, Hood or Microwave, Dishwasher, and • Choice of Cabinet SEyles.- From Standard Line • Choice of Dior Floor Coverings - From Standard Line ( carpeting installed-on 61b pa • Choice of Countertops (choice of formica or cultured marble tops in baths) • Beveled Edge Kitchen Cops ` Fiberglass T ub,lShower Combinations - Choice of White or Bisque • Moen-Monticello Series Faucets in all Baths # 4551 Lav Faucets / Chrome • R-38 Ceiling Insulation (R-30 in cathedral areas where applicable) • R-19 Sidawall Inwulation • R-19 Floor Fiore (where applicable) • 80 Gallon Electrical Water Heraber ex/ 50 Callon nas when A le • IEgh Efficiency Gas, Electric or Propane Furnace with Central Air • TV & Phone Jacks as per Plan ( 5 Phone Jacks & 5 TV Jaclm ) • 2 Dimmer Swig per Plan, • All Bedrooms wired for FmAUghtCombo slang with Switched Recycles • 1 Fan/Light Combo with Switch Receptacle in Family Room/Don • Smoke Detectors as per Code (including all bedrooms) - **See Lighting Allowances • (3) Garage Electrical Outlets • Steel Insulated Exterior Doors • Jell-wen (or equal) Series Front Door - Sidelights as per Plan ( choice of full or half g • Insulated Vinyl Windows with IU Featuremid.Grills • Vinyl Soffits and Fascia • Aluminum Seamless Guam and Downspouts • 25 Yew Dhmensioosl Fgxwgbm. Shin • 2 Outside Hose Bibbs{frost free} • 2 Outside Electrical Outlets • Door Chime at Freant Entry Door - **See Lighting Allowances • Lights at all Exterior Doors - Pole Light were ApphicWe- **See Lighting Allowances • All Framing Sizes to meet Code ` 2x6 Exterior Walls with 7/16" OSB Sheathing • %" T&G Sub Floors • 2x6 Pressure Treated Sill Plate • W, Und a maot Under all Vinyl Areas • 3" Perimeter Foundation Drains as Required Radon System • as Required 200' Amp Service • WatchDog Waterproofing System • 12 Year Residential Warranty Program (RWC) f- I DJ (where applicable) pad) ?Oo G'y Exhibit B Addendum "U7 to Construction House Features-and Options Scattered Lot - Mark and Debbie Whitmoyer 837 Sandy Hollow Rd. New Bloomfield, PA 17068 The contractor shall provide all necessary labor and materials and pe complete the building within the scope of these Addendum "C" sp, specifications in accordance with the plans attached hereto and made a Provided by Buyer: Building Permits as Required - Building Permit # 25 Permit # Q 24361 4-Tree Trunks for Wwny- Support * Stone for Fireplace Application -Labor Included -as Part * Modular Units / Solar Water Heater *.-" Velux Skylights - To be Ordered by Buyer / Funds All( Allowances To Include the FoIIowmg: fr U a all work required to rations and Exhibit B hereof and Sewage Disposal in Contract **See * All HDU Standard Specifications as Applicable - **See Ai * All Utility Hook Ups as Required - **Does not Inciu& Line Extension Fees or Tap on Fees - Standard insl AUowanas * All Remaining Site Work Excavation as Required - **See * Passive Radon System as Required * 162 S/F Floating Ratio Slab - 3500 PSI * 4" 3500 PSI Cone in Basement, Breezeway and Garage * 8'x 18' Treated Deck w/ Choice of Almond or White Vint * Completion of 24' x 48' Detached Garage per Plans , Termite Shields - **See Attached * Breezeway w/ Vinyl Phillips Windows and .(2) Storm Door, Exterior: * Concrete Service Walk to Front Enftwce Door (3' Wide) - * Seeding Package to Include Disturbed Areas Around House * Stone Driveway - **See Allowances 11 LAA * StegIeo1m w/ Openers - (1) .16' x 8'.and (1) 9' x 4ZOV X tched Exhibit "B" any Utility Company Railing id specs. to Include .Per Plan Id Layout • VAJSX L-A fit bIanarng beam Metar x001 to tncnull • Vinyl Siding w/ Insulation Backing (Crane Board/Sob Color Selection) and. Sto on Exterior of Home as Per Pla Ste Application • Aluminum Gutters, Soffits and Facia • Phillips Vinyl Double Hung Windows - Choice of Whil Between Glass - Low E Glass & Argon Gas as Per Plan • Marvin Integrity Window - Choice of White of Ahnoj Glass & Argon Gas as Per Plan • Veiux Skylights as Per Plan (Ordered by Buyer) - **See Interior: ice QL snow Lxuar'Q Core Siding - Standard. - **See Allowances for or-Almond w/-No.l "I UE-S a el 1185 1 RY, w/Nol- LowE J U Ll u * 8ft Poured Concrete Foundation Walls w/ Foam Insulado 1!,,. , ,`T'uff and Dry Waterproofing Application on House Fount Waterproofing Application on Garage a -. -deo Thermal Radiant Floor Heating System - **. See Alk • - 80 Gallon Electric Water Heater - - 1Gl mibiock Pl uubing System 6--,iasement R/I for Kitchen as Per Plan *r` R/I for Future Laundry Tub in Garage to Include Lines & 4 Electric Dryer Hook Up in Laundry Room a''`ce Maker Line in Kitchen For Central Vac System From Basement W Garage -- J6 -''Run Conduit for Future Electric & Data Lines From Bases S,?ring for Sub Panel in Garage -- in c%deg 94A Aw e I 0..:. All Electrical Outlets as Per Code *"Stain Grade Trim & moor Frames/ Flat Trim Style ---'Gerior Doors to be Pain able Masonite - Jeldwen / Choica Standard Line 0-'-tever Door Handles Thra Out - Brass •--- 'gtairs to Include Wood Treads w/ Open Risers ° T&G Wood Flooring in Foyer, Loft and Balcony - Stained •-?-All Interior Railing to be Fitz Brand Wrought Iron w/-Clea - , Handrails and Newl Wood Burning Fireplace Unit per Owner Supplied Specs / ,Allowantc wi , Lakeview Kitchen and Bath Cabinets - As Per JH Myers i Allowances 4,--Kitchen Hardware Knobe = $6 Allowance per Knob Av-Solid Surface Kitchen Countertop to Include Kitchen Sink k--,' One Unit Moen Faucet w/ Sprayer - Extensa / #7560 +- --'Standard Appliance Package - **See Allowances •- Fedastal Sink-in Powder Room ` L d6 to Total R-20 Lion & Watchdog nt to Garage w/ Pull ?Ww of Style from Finish . Stainable Popular - **See - **See **See Allowances ?OLr i-laarble Tops in All Bathrooms - Virginia Marble / Gres **See Allowances ,i'P?ncil Edge Minors in All Bathrooms *,-f Viaster Bath to Include Whirlpool Tub w/ Ceramic Deckii flBlae Dot) & Cabinet Door Fronts Master Bath to include All Ceramic Shower w/ Clear Gla • Wire Mesh Shelving in all Closets to Include Standard Le **Master Bedroom Walk In Closet to include Linen Shel and Double Hanging Shelving • Bath Accessories from Harbor Isle Line or Equal / Choic 9,-..-flooring Finishes as Per Plan - **See Allowances / Blue Ceramic Finishes and Rift & Quartered Wid1te Oak 3" All Painting and Staining as Required - One Color Flat L w/ Drywall, Sealer Applied on Face Block as Per Buyer S Exposed Foundation Walls in Office. #1 and #2 and. Stain Trim and Stairs **Some Colors May be Extra U Dot Price Tier - from Standard Line Sides Only ut as per plan - ig, Single Hanging of Finishes )ot Pricing Tier for Hardwood lex on Walls Finished Jection, Paint on md. Sealer on Interior ; ??Opv Mme'Pes a tJMWItea, LL(: DW*n A Cora ""don P.O. Box 387 New Kingstown, PA 17072 Change order Policy Due to the mmwm of our business, changes are sometimes necessary to comps your home to strive to meet your needs and build your home with all moons that you request at o process. Because of this, we ask that you read amd understand dw Change Omer Promm A Change Order may be generated under the followmg conditions: 1. Customer Allowance falls above or below the dollwamount defined in Item #12 of Residential Construction Cantract _ this is domed up related to said allowances, Payments are cue for the allowance overag credits that are due will be refunded at SW settlement. 2. Customer requests 4 clump to the original Residential Constnictioau G discusse& lm Clump des4M & ring, cabimefty, etc.) Q communicated im WTItiutg by the cower, paid-for in. fill and require b m? lbese changes may add time depending on t] related to the stage of eoeatruction on yon' project h is at it Unlimited, LLC as to Awther or not your requested change will add ad completion date. U Cicu oes such as weatheromditions,. rock.remowd, extra block, etc., not imchmded in original construction contract - Renee Construction Contract. These unftreseen circumstimm will add a" completion date ofyow construction conhwZ you a c ion. Wean continuing time tout the won e ContraM**See the reconci"hW'an of an costs prior to Placing the order. Any specifHadons as originally ofthis nature asst be aocuwner-s-e upon the dwV and the timing of the sole discretion om me Designs ticmcd time to The tact aMe glrafgtut'-till its, m #6 at the Residential time to the construction It is Bowe Dry UlRONW4 LLCpolicy that a Chanp paid for in fuIIprlor to the of , arhich is requested for as descx?7uedm #2 above, mast be ordering any mWerish and/or items required to implement the received, M*rbnt* we may not be able to make the rtoqq noted ?P is n? requested change, IU ymoee, a in payment nu??-ne .ia a in construction and a deley in the anted completion date as provided for in hem 9 of the Gnstrnction Cant UL It is further oar policy that any customer changes (Condition 2) and/or fimsl allowance (Condition 1) that we made at the drywalh stye or beyond will add a minimum oft" days per oils and/or allowance deci m. All C2muge Order Items and/or Allowaaces. must be. paid for in firth prior to final settlement and occupancy. omeovnxr. Hans Designs Unlimited will hold nay credits dux as of result of an allowance reconciiliation and/or requested until final settlement. In fotlowving our chugs order polio,, we should be able to make all requests and and process of caUStruchm arse. effCiemtly to ease the achievMg cxsnplete-srtison with your new ltomse. By si pAng bet '' I b ce?r* that I have read, umde?d and agree to the Cl-, Order Policy stated above set forth by ?U LLC. Home Designs -1 G?/7 e Daft unange urger Home Designs Unlimibed, LLC Desip and Conaruemm P.O. Sm 387 NOw iCi otmn. PA 17072 (717) 980.0295 Note: This revMm becomes part of. and in conforrearrce wph, the 9 oordract. WE AMM hereby to make amens as spedW above, at this Price S - Date a...:....-.. S - ACCEPTED: The above prices arhd V@MMWM of this Change Order are *"Wftlmy and we hereby mod. At work to be pertormmed wider same ?y ? Wwftd in origbad wmft ction tordract and chores order iW i pr ? atiF*Od. 1 undera?rhdand hsraby agree to Pay tills dmree in AA If an&tr ft m required to krolornat tW chores. ra0eIL we unkemw* MW not be able to t "ISM the m*wslod dwees. Home Deaipm WamMut LLC is rmt Uft for decays in neoeiring change osier pepwo. C (?(D p 0 FD, u FX ?; b;4 v 1 13 L] J 4 . 4 . .,.) ® O 0 X V\ 1 ®? 7u s r r U4 Exhibit c?A h r-. Z 'Al ? 9 N `s Q 1 W N ? O ? ZII T ? , W C O? A r=) Y z jO ?K L`i W" n J? h N of J Y O Z V 4 N ? M X K ,a IN 1o J IA oZZ p lit I?Fn? ?,j a Gv `i? Z?J Zal vvwvk. W / ra OOOLLL P z o„ J_ obi 43 i ' z ? ?L • l o _ ? ?' L W J x O 1-L v & OL O Or ti, ? f" O I ZN I C J 3 O 3 J J -1 -- U. 3 ¢ W _o a o F ...... spa H b ti . ? r p I ? ?.?F emu. ii r ??? 1 11 11 1 i i = i ? t ! f I I i s 9 1 J t: A ? iy ?? ??JJ ?? a o[ _ ... e !; is :: . .__ .... ...... '_ _.... ' ? Iii (( i x? ?? 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I I i n , 1"4- A CO o 5 . ki GI I ?. I i ¢! ' I I. ? I I N , ! v { C I h l j +-vo cam[ ! I I Z Z ! ?j I i f 1 1 . j c L I ? I O, W? W,I ; Z I i I I , f? f °? F i fr lJl vl i I j 1 0 ?'•"l I ! O F ?l f? I I I I ' I I .? ' I `O ! u.; i j I w I L n ? I w i 1 i I I ? I If ? C4 i i. j - 'I d v ,ar i3 ?N -? n S i v `?` ,' L :,t C^ ? III \` ? O II { J LIM . . . _ CI- ---t-..-..? _. ?_ .: 'h^ `? ?? a ? 0 0 ?? ?? I Z 4 cz, _C . i l i is w a=-- z a.. 1 \??JJ t iII ''a t - 1 j _ i 1i1 \'r ??,?b?{' • Change Order Home Designs Unlimited, LLC j V zo Design and Conshucft P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 I a Mark and Debbie Wh 376 Hollow Church Road 1 New Bioombld PA 17088 11 837 Hollow Rd. 717.6 4-(f# _ New Bloorr>held, PA 17086 WWWWRIM Ptsvlor? Datancs from # .?; X048 , 000 Wads a 10, P 1 yy Haeee and Ca Nrad Wells for both Puns = 8' 2352.00 Wage and . `"Ttrn+a wIN be no tilrither btNed to the t?01 tllhe IfNNMee hl Well ottlar than Woae tltat atlbct the ailowancee for Mae 2 Credit iDr 2'16 discount hN?h of Velux Dated xffchaft ' o See Vella Allowance ?? credit to be at time of peym9ft 908.68 i Recv'd Ck#545 dated 11/Z9f0& Si 3.32 Plots: Tfds ?avtsion baootrrsa Part of, and in conforrrrance with, the existing contract At3REIE hereby m changes as specified above, at this price $ Dabs November 13, 2006 Previous Co Tract S 1 Ravi µ?.d„y,,,,y r ?? S 492? ACCEPTED: The above pries and Miens of this Change order are satisfactory and are hereby acce t d p e . Ali work to be performed under same terms and conditions as spec?(red in original construction contract and ch ange order Polley unless otherwise etlpuWW- I understand and hereby agree to pay this change 10 RM Prior to ordering any materials and/or b= required to implement this change, unless otherwise noted. If Payment is not received, we unfortunately may not be, able to make the requested chan ges. Home Designs Unlimited, LLC is not liable for delays in construction due to delays in receiving change order Payments. i Authorized Signature • . III nge Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New I(ingstowm, PA 17072 (117) 960-0295 IOMMMMMMM? . v? Hite vraer are saftftckxy and are hereby accepted. All work to be performed under same terns and Conditions as specified in original construction contract and change order fulpol Prior unless l otherwise stPulatad. I understand and hereby agree to pay this change in ordering any materials and/or Items required to implement this change, unless otherwise noted. If payment is not received, we unfortunately may not be able to make the requested changes. Nonce Designs Unlimited, LLC is not lilable for delays in contraction due to delays in receiving change order payments. 0 A I Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 Mark and De" Whitrrro r 375 Sandy Hoffow Church Road New Bloornlield, PA 17088 837 Sandy Hoibw Rd. New t3loortrfield, PA 17068 ACCEPTED: The above prices and specitications of this change O saWac Cory and are hereby accepted. AN work to be person rod and tarme and conditions as spwMad in original construction contract ar Policy unless otherwise stipulated. 1 understand and hereby agree ti full prior to ordering any mats and/or items required to Implemer unless otherwise noted. N Payment Is not received, we unfbrturaftb to make the requasled due to delays Home Daa%M UnNmlbd, LLC Is lays in receiving change order payments. ue i I 2 1/7/2007 7M814-0108 l11Q/2008 o.l>D adea ? • : 0. . 619200. Rw A i:U f $6192 :W) Eating contract ce ----? $ 6,192.00 E Pry 492,976.32 A ±t$ 499,OtN.32 der are rr same d change order pay this change in t this change, may not be able not liable for delays Dees Daea I •...... •-o.,s u, IIMK@ cnanges as specified above, at this pr Date January 3, 2007 - III Change Order Home D*WWa UnU mired. LLC Design and Construction P.O. Box 387 New Kingstown, PR 17072 (717)960- M Now 837 NOW haoornms Part 14 sad mdconenmaoes tk tha Ming r to ke changes as specified above, at offs price .lamniuy.1 200, r A= FM: The abo?a WIMS end opmo mm of this Cmnp orciar We ? Mind m i? ==Pied. All work m be P«fansd unclar same apecMed in arf0brd am*ucft eonttec* and d.rga oidar P w"" olba"u`e e***d. I wWWsWw sad hereby opens to M &b dswge p SIV rralerhiis WWW kWM M**W to W*Mmwe VO doW, unless oAlm ea nosed. K praysunt In not rao&@4 wa nqy sot be sh" to MW the wpneeoed changes. Hoare Dssi,ns tJmMU0 d. = is not Wft fta* In cmftuc m din to delays in rocaivirg change adsr peya wib. Acttfrorisrd sign" v Dole / a .- s Z,d "M 096 L 6L l s evilla 0 $ 4UMML32 P.O. Box 367 Now. Kingstown, PA 17072 (717) 890*2Utf Phone (717) OW-8744 Fax e-mail: hdu®homwmignstmiimtfied.com Unfimi ited TO: Mwk Whitmoyer Frame NwdeeThompson ? Faye (717) 582-2126 Pagesr 3 - indudng fax Phoned (717) 5M-2126 Date January3, 2007 Rm Change Ordw#2 cc: urgent 0 For Review o Prense comm.nt 0 Pke a neply o PNwe macyab • Comments: Mark, Per your conversation with pave, eitlac hed is Change Order I Reconciliation. Please note these are additional charges no contract. Please bring the signed change order along with a chec 2007 meeting at 2 pm, so that we can begin the requested wolf questions, please contact pave at (717) 5541374. Thank you, Denise Thompson Home Deslgna Unlimited, LLC. for the Heating included in your to the January 4, ff you have any mome I Design & Visk Our Website @ ./ 1 f • Change Order ENTERED Home Designs UnKirnked, LLC Dw4n and P Be 387 n MAY 0.9 2007 New Kingstown, PA 17072 (717) 960-02% Prwloua Balance from # -01 • 0.00 4 Reaerei Irrd Re?Marhb QNft. amp U-Spas .hdt land E?ft GoArse, d Labor and Mabrhft . 0 ..... ....... .. . 1300.00 To the Vvork. Verbal Merle on 1-4-07 " Paid WU 850.00 Pd Ck #548 2/19107 50.09 NOW This tsvtsien' ...w..s __..- ---?--__-- _ 1t? A to make dhanges as specified above, at this price January 26, 2007 P"8 i 850.00 i 499,068.32 Revised i 499,718.32. aar.y - - - ?....., ........ wp,uFunume wlm, uw ax s" contract. ACCEPTED: The above prices and apecfiMttons of this Change Omer are satisfactory and are hereby accepted. AN work to be performed under same terms and conditions as Specified in original construction contract and change order poky unless otherwise stouiated. I understand and hereby agree to toil prior to pay this change in ordering any materials and/or items required to kMiament this change, unless Wwwbe noted. If payment is not received, we unfortunately may not be a to make the requested changes. Home Designs Unlimited, LLC is not Nable for in Construcdon due to debt's In recel ft change order payments. Date E-1 _ I III! Change Order Home Designs U Design and P.O. Burr 387 New Kingawae. PA 1 (7 17) 960-02% ACCEPTED: The above Prices and specifMtions of this Change Ord satisfactory and are hereby accepted.-. Ail work to be perlbrned unit terms and oondRtons as specified in original construction contract and Ply unless otherwise stipulated. 1 understand and hereby agree to U Prior to 9 any materials and/or Items required to krom ent UnPOSRUNWAIMS noted. tf payment is not received, we unfpftumately r to aka requested . Home Designs Unlimlbed, LLC Is n in bin d?? charge order paymerrts, IF17/n - I edI LLC on 072 II -00 1/?31Z0p; 717-614.018! 0.00 1 &9 Contract. I -"?? S 1 .00 S 499,068.32 Revl.ed Is ,Z er are W+qq'ts? same change order MY #6 dwqe in his change. lay not be able A Rable for oafs I Date ntimib Conshucd 7 - -- a° t. / V? Mark snd D" M&W t3lasryr Road Maw PA 17068 637 MoNoerr Rd. ft w PA 17088 P.O.: Box 387, New. Kingstown, PA 17072.•. Office 71:7-960-0295 • Fax HDUGHomeb6signsUnilm ted:com -960-97.44 r i Change Order ENTERED Home Designs Unlimited, LLC Design P Box MAY a 9 2007 New Ktngstown, PA 17072 (717) 960-0285 Note: This revision bsco1aee part of, and in eonfommncs with, the G)ft trig conbm;L make changes as specified above. at this price $ 1,074.44 March 21, 2007 Previa w $ 499,718.32 AMOM Revised Conba ;. 60.792.76 Anna rt ACCEP ED: The above prices and specifications of this Change Omer are satisfactory and are hereby acoepted. All work to be performed under same tem>a and cortklons as specified in original constnrctlon contract and change order Policy unless ottrerme stipulated. i understand and hereby agree to pay this change in full prior to ordering any materials and/or Nerns required to implement this charge. unless odwwise noted. If payment is not received, we unkMmmy may not be able to make the requested granges, Home Designs UniknNsd, LLC is not liable for delays In construction due to delays in receMgg change order payments. 0 Change Order Hcnw Designs UnNmu)K LLC Design and Candnjcdon P.O. BOx 357 New KhVG w^ PA 17072 (717) 98040298 PraYlous t -03: old lih 6 Cw8 fbr§%qM Front Door 337. 7 Cma Uarzrwr Marta YHiadow 8 Add to PWM in Itala: Y4ta Kvbion bwom s part Ot and in aonlarahanp WW ilhOo t ft Ooeba?t AWIM hereby to make charges as op mMed aborts, at ihb price iftwh 21,2W7 S 1A74M : toi ACCE PTM The above pica and sped kMbns of ttde Change Order are Ild 11m) and are hweby aooepba al wo* b be performed under same bull he and con Of'' t as spwr*d In mlglnal awnst uoft contrail sad dharhg¢ afar , po0gl uNese ottheradee etlpulabd. t uhhdenhtarhd and theroby go" m pey thb cbmfgs in ful prior to ordo tg any melorieta a xft ttenm b keplenwt thb dwiM urdeea o#vwAlbe noted. W payment b riot M&L- d, terra ualbrtaaatety mar not be abts . 4 not Nabla tbrdekays In oon*ucdm *A to deep In reoetrbg dmmp order pwflnoft. • Z.d ?.• Mks ,.? ?. „,..,.:. ?.. 5 Change Order ENTERED Home Designs UNimMed, LLC DesIgP Box co?"`?°" MAY 0.9 208? New Kingstown, PA 17072 (717) 960-0295 Mark arld "MOM 37? : uKro hRoad 4I30f2007 W Homlkid 7 1 837 Sandy f Rd 717.6140188 New A 1 ti100B 0 Nobs: This revision becomes part of, and in conformance with, the SKkft eonbea WE AGREE hereby to make changes as specified above, at this price S 402.50 April 30, 2007 Previous $ 500,79276 Reviedd S 601,195.26 ACCEPTED: The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same berms and conditions as specified in original construction contract and change order policy unless OthenMse simulated. 1 understand and hereby agree to pay this cxtange? In full prior to ordering any materials and/or items required to Implement this change, unless othereries noted. If payment is riot received, we unfortunately may not be to make the requested changes. Home Designs Unlimited, LLC Is W liable for de In construction due to delays in receiving change order payments. e ? MA AA"- a. ?. 9 0413012007 10:39 71-lb8 'Ll'Lb IA • TM Dave Toot 4mm- }tome Deal" Unkm Fie= Meek Raxs 717-OBW44 Pmem 1 Pbwm 7174M D4M 00m 4r.AQ 07 No ReplytD"of4l27M7 CCs 0 u ftw* 0 Igor ftvkw 0 Pbas* cww? t a Plaaso Rapt III 0 Plasafa Adele • Corernan4n • #1 - We have dedrled to add one more Window #g In the west upper go* of the suruom at ytwr quoted Weled cost o?*" Please ceder It AW. #2 -,Vm the S -face CWJa from lfrtwuoe acct mane rice the fia*fta quote. Pius lie t %#w mi*wn cededio Mold the avkV l itge, we have tteolded iD !io gn coiortbr sM CMU woas w..,?P{l?ads eae aka ft order to kwkxk wdy itteclor ".FO" to a toted of 7V2 (gtis?yDudee the IRfUIIiA #:W ??, ply, (t YrPI Ct?O P ) ately WOO In setup charges, but the total wM all be about more then the previous rkxL We have been aWft for a bnealtdow-i of pte "Fsoeblodc L & M I SW se you t figured It in order to hence mat Idee of where we alerW YM these coeds, so could malae deoisic about the CMU colors, 61r. We realae that you can't provide herd numbers unN you git quotes. At this point fire question Is moot, as wa have opted for one CMU color bt order limn their coat at mush as possbl& #3 -I'm glad to hearthat the stairs have been ordered. Has the wood furnace?treplace been ordered? Regam*V the sdmduing of a awetkV Sommal weeks ago 00" began :?; tact Denise to request acme k* io as , in in our purchase of 6W tt wAss, sic, When afire Dante Is the orte who suggested a meeting. and said !eat she would be in touch wlh ble dates andtlTw& We are agresebie to a rttes"I when you am needy, but on't have the requested Wo• -%4k • i • Mark and Deb 375 Sandy He New 8bo"Mie 837 S a* Ho New Biooffft Provious Balance dhorrr a 10 to Kohler- Ice I Standard T, VWWA-z PAID CHECKII NOW This revision bom m E AGREE hera r . .ayr.y w . ACCEPTED: The above pr satisfactory and we hereby terms and condkiorrs as spc poky unless oditrmwbe slip ftA prior to ordsrin9 any mad unless otherv ise noted. If; to make the requested Chan in c onshudion due to delay: d S AD Sign re Change Order Home Designs UNimited, LLC Design and Conshuction P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 f 'P.O. Boot 387 Now KkVdowM PA 17072 (717) 9604M Phone (717) 860-97" Fax e. : umilse@hdupacom 0. Toc Mark & OebWe '_/.Itmayer FOM 717,582-2126 Pleoe?se 7174W,'426 1"1?e 1 Design & vstoLirvvenb@ ,Ullitnited ^X ED From. Dave Thmvww ?nW Peres: 3 Tout Pages Datm SHOW Ree Phnnbing Fi &wm / Change Order CC: ClUr9ent El For Review ? Pieaee Comment D Please ftp?o pft? ftaywe ? Comments; in ftNOIA e* with our neeeti m Asst *"Rehm vro WN ]" M to e1wisw the Aeeod a shmWom that "u d md&W on *w your be& md4w R you we in age+seereent, FIN now own the f x and MUM to =W **AM Fbcbwes Kahkw Beard PnxkK is . Room a<m (?) Ddn Prdestai. (1) Toilet m Shupw / (1) Stm-dmd Tub/Sb w theft, (1) abm? T~ hater M-w" as ice MW** 1(4) TkdN (1) Sftm?md ToNt * ngs Ordar L4grade. = S$M©O If YM WO std eI qussdleg to eeww to ----m d rrlfir the it> er color upgrades Please And GM a+®lMd Cherege Order R"MW. We wo yon tberft to sign and eatene to us ;m ea<ness OkM vrlfift p¦ eef: t" onr rrceipt, vue rviR place the order f?or Y r Bade Alm - the upe e hoeuw we told You to weft it old= to the malp"a Couttt?ssetop eYllfortil NOW WE not be opeee this 9wWWW6 B y=l std VAN* t6.'' May 10, 2007 by please call Dove an his call phone and he will gins you the kwation of the key to get in the house. Vft would also Mw to schedule o next /11 me th to vvorkft of the flnidu solectiouus. -Next week we harms for an appoi?rtnuerut. Could you berth please toted[ your schedules and let us know N this will work? We will kook forward to hearing *=n ywL Davis & Denise 0 IIP:]OfhiiW 741Q Personal i4inter/F6dCopledScanner. • • Log for Home DeshM OrdimMad 7179609744 May 10 2007 4:43PM LSt Tin Date -TD'-q- Type May 10 4 42PM Fax Sent ldentificadon 5822126 Pacm R u6 1.08 3 OK • • "It E Change Order Home Designs Unfimfted, LLC Design and Construction P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 Mark and Debbie 378 HoNow Church Road -07 New Bbwntleid, PA 17068 5/4 2007 MAM 837 Sandy Hollow Rd. 717-6 MAMIlmo ed New BloomfIeK PA 17088 y NEW 1 8/82000 Note: This revision becomes part of, and in conformance with, the exiwng contract. REE hereby dianges as specified above, at this price L? / T ED May 4, 2007 Previous 202.42 F i--391;Q20 26 Revised $ 502,822.88 ACCEPTED: The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original construction contract and change order policy unless otherwise stipulated. I understand and hereby agree to pay this change fult prior to ordering any materials and/or items required to implement this change, unless otherwise noted. If payment Is not received, we unfortunately may not be able to make the requested changes. Home Designs Unfimtbed, LLC is not liable for deh in construction due to delays in receiving change order payments. X -* 66 ? Sty CA* I 1? i • Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 Mark and Debbie Whitrrro 375 Hollow Church Road 514/2007 New Bloomfield, PA 17068 F 717-514-0168A Sandy 837 Hollow Rd SWINknoye NewB0xnlIeld,PA17M MAKIN E Previous Salance*orn 0 -08• 0.00 10 Racondllatlon of Wood Stove / Furnace Unit w/ Flu AB : 1202.4.42 1202 avarroe: i8 600.00 Allowance Actual Cast rder Unit kO 1 ,2027, as "Nabs: TMs does not kwkWs the tabor to Install Unit - This MR t+riil be billed at later date O NM._ Thus anviea- Mww...e? si . ___?_ .... ._........ wwn,w 1-, N, WNU M GOFFFOflfMESS wan, the axis" conflacL WE AGREE hert3by make changes as specified above, at this price i 1,202.42 ate May 4, 2007 V Previous Agot" i 501,195.26 ' Revised $ . 802,397.88 WWAdM* ACCEPTED: The above prices and spectficabons of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original construction contract and change order policy unless otherwise stipulated. I understand and hereby agree to pay this change in full prior to ordering any materials and/or Rams required to implement this change, unless otherwise nosed. If payment is not received, we unfortunately may not be able to make the requested changes. Home Designs Unlimited, U-C Is not liable for dehys In construction due to delays In receiving change order payments. • Pura 9f cx;mntw ?; w f Sn m ,L oak- h4m,-4 ? 3 Cl7 r.M ?t S ec s 2`t? , rr fr 2' 2 res?Cr /Fazka6m Sk --e e ! tic lns-qla b7 .n -S ielJ 44i #s4&e, F-las4r 49 starm co Aar. 11 314 13.// 6 3$ 2 D . 82. 17.5 j? 70 1152. ' 'C 92 1S-SS if 2.3s 78. ZS- 103.2 8 9 Sal 9 35- q2 V & 21.q ! 2 Gvall s?,? -5-9,62 2 TO PLACE AN GIRDER OR FOR AMY QUA BEFORE OL OERING CALL,: i • M•F 8-4 3p . ?'?r87?6 ??2t8?. • F117C 218-3?-1 - Sat 9-2 EFO=?cao?s --? ATE: halet L ...-' .. ... ... ... .. ........ .. _ .... ... . . . - . 1 Pei Rigbt Hand API Lem Head Fmebioe - S-4- ------------- ? q Cedd air Bieteom ...................................... add l?Jo .. $ E???wwoo?iL chm"t :::::::::?.:::::__..._ ........ ..............' ..$ II ....................... Rigk Hand Fhaplow? ............................ -4 Cola[A* ....... ._.•....._. ...-- -...aM}iA_ .. $ w QAs ------------------- -------------- Gm UZ& So be on dgk side L_p D? - L P Kt .......... add nm .. $ Chazzmaster i G83 Unk to be im left ske Chas Unk to be an tight she L.E exw,- , LP. Mt .......... w 78. Q0 . _ $ ............................. Cas Unit m be ass agbt siele_T Cues____ li' .. ? BM? A dwr Not Dm"--_..... ?e?c 40 ?3 .?'V-- H9.0(- s'41 ? ? ?---- -7dd I4T.011 VIOIs v?•?Kop? ...sdd 6 ?, . -$ i ?i t .........._.......?. ". ?„_.?.`- add 39.Q()r- $ 1f >> Ihlwa?aadlbeAeaaido??r i ?PrN'4?d?14elMhaRl???npye???plt?ly?b I? 1?? ltanao?eanOe=eippb- AmYme,st *vMI be aa,dc by ?} Check Mutercud V-tsa 40 • Card No. Exp. Dace Sim ! - -- _ _, D NAME ' ADDRESg DAYTIME PHOA . 7 Jro Yore For Your Order - WeAPPrecj,,re yoarBr?siwee?+ ZIP • Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 « Mark and Debbie Wh-krnoyer 373 H616w Church Road New , PA 17088 BIS?1007 837 Sandy Hollow Rd. 71714.0168 Now Bbomfleld, PA 17068 Quo 6/812008 Previous from * -O7: 120$.42 1'1 and Bath .911:11, I'll, 1 .OO Allowance , Adual Quote based on final sebROW- Credit Due $461.26 12 Allowance Reconciliation $1800.00 Credit Due ?. and Instaped 1'? Purratassd l!)'' I'll'Ornomw and is the of homeowner DisMslher = SHE43CA2UC M - wIW Ranee at w ?.- ???, t.ayout, Plumbing and .R n and 0 1 I e na s.,. N"q on current Se?WO is I NOW. This hwislon balsa part of, and In conformancewith, the wdsting contract WE AGREE hereby to make chainges as spectied above. at this orioa June 5, 2007 Revised Con It;' ACCEPTED: The above prices and spans of this h Change Order are sa*dactmy and are hereby 000909d. All work to be performed under same h lambs and oondrtions as apecfisd in original construction contract and change order PAY unkhse Ol herwbo stipulated. 1 Understand and herebY agree to Pay this change in full Prior to 00816V any rr>atedals andMr items required to knplament this charge, unless ctwake noted. If payment Is not received, we unfortunately may not be able to make the request charges, Home Designs Unlimited, LLC Is not liable for delays In construction due to delays in receiving change order payments. New Kingstown, PA 17072 (717) 960.0296 c _ fl W? f^? 1M J V -a a? b a a 0 a? a? t? b b? i Q 3 ti 4 U Z a3 U N ti A • T Change Order Home Designs Unlimited, UC Deelp and Box 387n FAX IM0 . New Kingstown, PA 17072 (717) 980.0295 JUN, 2 6-1007 • • Mark and Debbie Whitrn 375 Sandy Hollow Chutdi Road New Bloomfiaid, PA 17068 837 Sw* Hollow Rd. 6/2812007 717-51441e8 Nsw d PA 17088 Previous Babe from # ?- won" 058.$Q 71 13 7 - Addifinfud Man", for ihtM Allowance R?oron - tau 6/25J07 771.82 "See Attached •• to IraMMINUM wM be recondped and M- at later drrbe Note: ThN revision beconree Part Of, and In conformance WW% the exlating con&act WE AGREE hereby to make changes as specified above, at this price $ (287.02) June 26, 2007 Prevk Arrount 4 Revised Cord Amount ad 501 ACCEPTED: The above Prices and specifications of this Change Order are satisfactory and" hereby aooapted• All work to be Performed under same terms and condkions as specified in original construction contract and change order Policy unleas otherwise Stipulated. I understand and hereby agree to pay this change 10 full prior to ordering any materials and/or items required to implement this change, unlesa otherwise noted. If Payment Is not mcehred, we unfortunaksly may not be able to make the requested changes. Home Designs Unlimited, LLC is not liable for delay in oonsMrction due to delays in receiving change order payments. 6/72 Si m Date Date 1 spl 3-j3 + s MIC tat 'rk 'b?snct 1 +.-L "abrtarY??r 1L: 41 7175822126 Mark A Whitmoyer 375 Sandy Hdfow Church Rd Now B1oomffeid, PA 17068 717-582-2128- Phone 717- 5a2-2128 - FAX "*n0Yer&W.net CONSERVATION CONCEPT PACE 81 a COQ TO HM* Des0% U*rftd CIO Dave me* Thm"m Fans 7174W4744 PaNG" 2 ?? 717-89p.p2? ousts W7 !i tes Cmmr e)ronder CCs © t hment is For MmSew p a prem. nepty b ? . Y Bat the needed W. from . *W9 ohn at QwmasW. !? desiprt to PW- uh pm*. t wNl be &d 10 ?p +a„er Me °f . wilt twb 2and me • a revlegd list of shim details M !emu (;WWw ? fi? between SAO hftWd bby $218.82. We are #..r. M P As YOU d?cost Cher" Ordw by Picking the anier d h Yaw fan of 8n5rp7, (Tt You we _?e 44 etgn and restart the CO as Pro$2 PmMde Jy and can have a dteck for you et our ea straw I'm .) might am have WWUM. Me M horn c oommy. (ft convd me if PLEME order #* Y and hart Proceed wo out OW taft the ? ASAP'I As you are awar+s, k cwM delays trcnra has m with 0 1her work b ft -ddeyed as detaii, but the As t believe you Dom. So ... '1Ih e k of awsm we am under ON~ In qmV #* crft 'm Pvmmovi rg ftm w bw* t° Pa VW9 a (;o Wkftn so a *m date can edherW ko: w pm* o f? I await wand fir ag to year: How sM =nhg wlh pcbxft savings from . wNh the 50 yew We took d b rreetlrg with Mario You ? Y M ?? 0E/25/2007 12:42 7175922126 ryryf? . )"'t ?i n 4, Jp CONSERVATION M4CE*T PAGE 02 ,` yr Gil t ?oiver Avfi5e, ?1} V ?Pescf7 71" 12 1 AG 06 Sn a ?o??? der 3?y cA m Secii n - S' a,ra/ 2 ?c 6f3 ?z 112 75S ISIS lCi?- 70 Nz 35- 3 Z JO lC O it ?i q2 ' 3 0 °C'l?ow Z e/Jowl ?-- l SLtra °jz I .73 b6 2 J Tres&p A47694 Seel i c. lnsnra t?o-? tie/d. ''z 9 Y6' S14 z 103-28 S5?f? r -- 5 ivr?n co /lam 9 ? 9.35- f F CA Cao /0 s ,;rk- arres6v.- 9 8 'S o 2 ktla `( Sera 012 -S 2,91-A9 .59. 6 O - sous o Lea j - 28c?5:4?2 2l 2 . Jul 17 07 02:19p Home Designs Unlimited '7179609744 P.5 , Change Order • Home Deslpns Ungm tad, LLC Design and ConshwUM P.O. Box 387 New Kam. PA 17072 (717) 960-029.5 ACCEPTED The above prices Grid aped of this Change 3adsfadory and am hereby aooepted. AN murk to be Perlbmwd under same terms and conditions sa sPw tod in cftk al cOnShuction contract and change order full WICY e o?rd Oth"90 st*Kdated. I understand and hereby agree to pay this charge in prior furless of ovdar noted. matedaio andMr lams required to implament this change, payment is not received, we ? nary not be able b make the +equeeted dfargss. i hm Designs UnUM1* i, LLC is not Noble for delays in con$hWftn due to delays in receiving change order payments. 1t 7 717.5144181 Vol BIS1"?008 257.02 4329.71 ice Prevlow Conbad Re4 d Contras Amount 4.042.69 S 501,33:1,24 S 696`582.96 r rder are i O Mark and Debbie 375 Hobw Church Road N@w Bloornf,W%& PA 17x68 SS7 Sw* *io_ Rd. Wsw Bloonrfieid, PA 17068 0 Job # Whitmoyer 837 Sandy Hollow Rd. New Bloomfield, PA 17068 ?I Reconciliation of Earthmoving and Utilities Allowan C!es I as Of 11/15106 Earthmoving Allowances = $12,600.00 Retaining Wall Allowance= $ 4,000.00 Utilities Allowances - 31 000.00 acv GrandTota: $479,60.00 Bills to date: 565.00 x< G&R Westbrook Invoice 11/10/06 11/15/06 6,375.75 )< G&R Westbrook Invoi1a 10/23/06 34,157.45 Y Westbrook Excavating Invoice 11/01/06 l Grand Total: $41,098.21 II Reconciliation of Earthmoving, Retaining Wall and Utility Aliow?nces as of 7/02/07: Balance @ 11/15/06: $41,098.21 3,700.00 K Retaining Walls - NYce ncrete 367.50 k Bascmcnt Stone 1,057.50 )(Foundation Drains 950.00 )<Backo & Basement 1,877.50 ;K Backfill & Rough Grade l of 1,584.00 x GEC Utility Installation 1.295.00 X-Bob Means - Utility • $51,929.71 Grand Total to Date • Balance to Date for Overages: $47,600.00 Allowances 51 929.71 Costs as of 7/02/0 $ 4:,329.71 Balance Due Final Grade and Completion of Utility Trenches Utility Fees from PP&L if Applicable Driveway Stone Patio and Breezeway Stone • II II Q Jul 07 02:18p Home Designs Unlimited 71 79609744 P.3 Change Order HMO Designs un??, rLLc Design and ? P.O. eorr 387 New KkWdm rr, PA 17072 (717) 980-0295 r. • NOW. TMia rwMion becomes part o1, and le coafonsance fhe exiatlng contrae6 July 16, 2007 ACCEPTED: The above prices and epeclflcabom of this Change Omer are ssdsfactory and are hereby acmpbd. All work to be performed ender same leans and conMons as epedQed in origlrret consbucdon oonhict end change order Apo y unless otlrerwlse atipulaled. 1 understand and hereby agree to pay this mange ardertng any materfats and/or gems required 1o ifrpienmd this charge. unless odmw*i a nabsd. If payment Is not mcelved, vie unfaawwi* may nol be able to make the requssled charges. tbmo O**Iyra Uni.,. d..LLC is not Gable for dais in constnxtion due to delays in receiving change order payments. = 5.483.®9 S 508.562.95 S W,103.95 • ?C-atffmyv g E/ectrica/Contracting 131 Spring Drive flsburg, PA 17019 IqW To Home Designs Unlimited Project Whitmoyer L Extras a Wiring to power (3) awnings i. $120.00 b. Power for pet door i. One high track light installation & one single pole switch 1. $184.00 e. Master Bathroom i. One high paddle fan installation & one single pole switch 1. $220.00 f. Sun room i. Two high paddle fan installations & one single pole switch 1. $395.00 g. Craft room i. One standard light installation 1. $63.00 - *' d%--. 1- % ?ou,ble. L1oor c. Utility work i. $1,584.00 1. Re-configure conduits and wiring to well ami septic. ?2. Underlab conduits from meter to remote I cation of panels d Kitchen 11 ,tom ?h e h. Exterior -(- i. One additional standard light installations 1. $63.00 ii. Three spot light installations with two single pole sw switches. 1. $356.00 • II. Total labor and materials a $3,025. 00 Your signature below authorizes the above mentioned work to be performed terms. lfichael J. Gaffney Ill Gajfney's Electrical Contracting Denise Yhompson Home Designs Unlimited • Service Upgrades • Design Ruilo oC\ R? & two three way ?? 1?? atl Cl0 the normal payment Date / / Office: 717 432 9473 www aq ffneyselectrical com T Fox: 717.432.0759 Commercia//Residenticry • Serving Central PA Since 1990 Proposal Thursday, July 12, 20070Ln*ed) • Change Order Home Dmlwm Unilmked, LLC Design and Construct m P.O. Boot 387 New l6ngstown, PA 17072 it (717) 960-0295 1 new Woomneid, PA 17068 717140188 837 Sandy Hollow Rd. New Bbon fmW- PA 17nRR B?anoe tirom # -11 16 Addton far Fred Ar>derso v nom------- .. - .. . • This laWslon becomes part of, and In conformance with, the existlng coribmL WE AGREE hereby ke changes as specified above. at this price 10. $ 960.00 m Conhaat CE)a July 30, 2007 PrevkK Amount $ 507,103.95 Rewbed AmohrtsCer;Z i 608,083.96 ACCEPTED: The above prices and spedfications of this Change Order are saffsbctory and are hereby accepted. AN work to be pelf rued under same terms and conditm as specified in original construction contract and change order POkY unless otherwise stipulated. I understand and hereby some to pay this change In u ll Phi otherwise not anwor iterns aequired to kvbn t this change, payment is not mwlvsd, hie unfortunately my not be arts to make the requested charges. Home Designs Un6ndU4 LLC is not Nable for delays in construction dire to delays in receiving change order payments. -xm IM u 1. 30. 2091 4:11 PM NE IMAM GROUP No. 0536 P. 1 Cheer Order Hans 0609M UNNOW, uC 0"W e" CeAleeden PA. 367 Mw Kimgdownw4 , w? l7672 c?+?f Leo-ors • ?h•r: 1 r ?: :• • lr it ?.1 .?.••, '.tip ? {t 1J t.J.•.Sys•.?. f•. i ?.• 'ti :: h•i: :J.?•1.J?S ? •.v:-"•! .%'• n . ?•?+. ... .. . :.'.•.' •. . L7 lun ? R• IA Mo efdelbn 27 so= w1l" lRf oakum ACCO W. •lA P0m SW qmdkzom M aq Chmp Gomm sI?eMI010Q? a11d maway mmgft & J1 w& t trbo Is in IIII?d u w sww bmn ew/ eseidllleae as aretftd ft e000d eensbtdps WMM*4 ed du"m older Poft WON 4*dwid It go -0 !u? pl?f 011?111? ?OIIIM awMlld6 SIN b N ?e in My tMWbk aI1ft Wj*ftd 10 ?eies dOblll M Oeym9M bad w*lki Kwn LvdxftwAM*raW iW M able lb I t?a0ea• Henn Dn ft a L%WWAft4 UA is eat Nable br d fto In tlur b din ?aoelNlsg ebalgs cedar pyamnb, >. z'd "Lom u p+nun GMH dWM LO of lnP • 0 Page 2 c P.O. Box 387ji9w M n, PA 17072 (717) 960.M Phone . (717) 9604744 Fax . e-mall: denhdupa.com L -K:? M TM Mark & Debbie Whitmoyer Fax: 7174126 PIWN 717.682-Z1 Home D?o Design & Cc Visit Our Whbft .unlimited From. Tonna ftWW 3 Tobd Pages 26 Date: MW Re: C/O p12 HVAC CC: Debbie ! 703-074? ?U H For Review O Please Comment 0 pkase RIMOYO P1 Recywe • • Comments, Mark & Debbie, Attached is a do for Heat tlDpply to the Breeseway. Please end fax back to our of lice today if P?bie. we vMOrad br have sonmmie from HIMU stop by the )ob site to collect 40 aims d chmgp order. Piesee let nee know whet day We If You ham any queatknn Please IeM fr+se to corms our a Have a Great DW 0 T Wign the abed c/o nWM than happy to yarn check for the wrek wpsdd be best. NM Thank You and c: HP? Of11et 7410 P atonal Printer/FOWCopiedScanner TYM . Identification Fax Sent 7030743 Log for Home Designs 7179809744 Jul 30 2007 2 Duration. P Result 0:58 3 OK 0 • HP OAicejet 7410 Aets"l Printer/FaWcopieNScanner Log for Home Designs Orftrtited 7179609744 I Jul 30 2007 2:?BPM Last Tra 12@g ft Date Time Jul 30 2:35PM TVDe !d_ Durafi?n Pages R It Fax Sent 5822926 1:21 3 OK i I II r. Change Order Home Designs Unlimited, LL.C Design and Construction P.O. Box 387 New lOngstown, PA 17072 (717) 980-OM V MWICON Debbie Whftmw -13 Mtmw 375 ft* Hollow Cbumh Road . 101842007 New Bloomlisld PA 17088 V 717-614-0188 837 Sandy Hollow Rd. . Now Bloom%M. PA 17088 g 00B Prevbus Balenee from 0 -12• 0.00 . 7 on Flo EbetricAl ?? fOt Standard FIOOr Boxes ' 160.00 Ej Included Em Ieft Concrete Pacicige to the ftilowing 752.00 '"See Attadwd FIve Options Included 19 14.10 , 46W.00 - Akwwancein* 4891.18 Advanced QuoEe 2g.07 42214 John H Aifa- 814.10 Allarrammoe 13916000 flue 20 LN-Ow Allowance won 1359. 300000 Aftwence in Contract 1 64DA3 1 19i mw -9 AUowanoe Fteoonr,Bt4irnh See Attached 1 350.57 Credit Balance Due 21 Excavation Allowance Raoondistion '"See Attached 818.94 8 3.84 Ebcbic 0kch Stone Brothers 6 60.00 Site Work and Lawn 8 5.30 Witariels - My ftme Depot) 8 Note: This n 18.94 wision becomes part of, and In conformance wBh, the exWna Paid the contract 181 2985.4 i4tB9? twlot? -Zsrrrlia< d=Vft as sp0fied sham, at this pride 3 2,%&47 ate October 9, 2007 j Previous t: Arnour ntrad it $ 508,063.95 .. tf? .- Revised $ 511,049.42 r*Ad.r.+sur..r ACCEPTED: The above prices and specifications of this Change Order are satisfactory and are hereby accepted. AN work to be performed under same berms and editions as specified in original construction contract and change order policy unless othevaise stipulated. I understand and hereby agree to pay this Chang P In full prior to orde ft any materials and/or items required to Implement this change. unless otherwise noted. If payment is not deceived, we unfortunately may not be ale to make the requested changes. HomwPosigns Unlimited, LLC is not gable for do ays in construction due to delays in receiving change order payments. y ' vcT P4:j/AM NEIMAN GKUUP No. 078%oP. lip Change Order H°me . LLC P.O. amt 3W t*w ern. PA 17M (717) 9OS•Q W • -\ kM Acce"m Tft*ftP*aswommimam of Oftchwwawerate mmawmal"Um + a o+ d and a b "'? "W&S . I wwwa .ne.,,l, Ate, ante. fo p e ? °t ,1111,11In'?'ivIt?"'b il.ttts,r?p?d,,,n?i?„? ea ? aa,,q,t13,,q y tme q,,e1 Ya+q? aot bo abi. i aa? ?+Mne +?+tN.?, u,c ra twr aa61e ?. in /V»naMun dw fo ata? ?, Parit?aam d?ra to //o 0 "llwwLt wmuo? OW43 O=t to 60 po ' P.O. Ow 887 New Kingstown, PA 17072 (717) Phone Harm Des ns .Unlimited t7m Fax Design & Co ?ctzon e-mail: t>dwpxximckansunNmbed.com To. Mark & Debbie vaonow Visit our Websle @ Frww Tome Frnc (717) 582-2128 Pages 6 - kxko m tax suer Phone: (717) 5822126 Dais: October 9. 20(Y7 Rae AMWMwIC* 8MCk rP - CO M - Mbr- CCc DehWe • 0 urgent Ed For Redow 0 Please Conrrnerrt Q Please RelMv 0 Mftee Recycle • Comments. Hi Mark & Debbie, Please find attached the backup for CO #13. Please sign the back to our office. Please contact me to make payment attached change order so we can schedule the work tq be Can you sign the Lighting Allowance Reconciliation sheet la change order. If you have any questions with the attached, please do not hes' Si ly, Tonna Order and fax Tents for the fax back with the to contact us. HIP Of t 7410 Personal Printer/Fax/Copier/,vWnner Log for Deniw Thorn w 7179M44 Oct 00 2007 12;42PM I Lost Tmnsac w Date Time Tyne Id?tification ftm Ewa Oct S 12:40PM Fax Sent 5822126 2:311 6 OK i II II ICI J HP Offlcejet 7410 Personal Printer/Fax/Copier/Scanner U for Denise Th=ps?on L?w • 71796W44 Oct 09 2007 11? :39PM Date Time Tye Oct 9 12:37PM Fax Sent 7030743 VIII ?a ? .P?es R?tt 1:46 IIII 6 OK III IIII 0 i y fnev, ri Calmaw; o dt Spring Oriwe &I/ , PA 17019 7ijH" "? k liCIS Setvbrg CAM&W PA Simes 10" ClesmV OrAw RegxW 0 4 WeAreetft AmgmW A 2007 To Hame Designs Unkniteed • phyed Whit"r L Floor Boons a Up rade (2).naor banesform s bmw vo &utlfe b=W. We will be wing o CarioiK 823 6 11 Total labor and materials Z @ $80.W L $160. 06 III Your stnatwe below aw*orbw& the above memtiared woes to bepeirf?raed ode the normtal laaymemt tom ICI Dente Awsael J Ciey Ill DenLw T hwMs w ( y's Flectrlcalcal Contracting How Desigma Uidimfed 14- E Offvs 7t ARZA " Aw. 77 -02.05"M 1 .1 AAAA y. ? n d A? Q ?Q ..M.J V T 1 Q ti u ? U W U 7 • i AAAA 'AAf V 1 it WY-29-200T 05:12PM FROM-Advanced Kitchens A Baths . ADVANCED KITCHENS & BATH INC. 5252 EAST TRINDLE ROAD I'NECHANICSBURGI PA 17055 PHONE: 747-07-0567 FAX: 717-897-0642 Customer Name: HDU Retail Job Nom:Whltmoyer Phorm: Fax: MEGMfTE Bsaksh A 8OuoS e MIST C B D GRAM E BOULDER ti i i i I Inlay At Edge Inlay At Sink C h W Cowl 81okepbsh Tile Rise Dralnhoard U DEalnhowd square MOLE BOWL SINK DOL BOWL SINK 40.00 29 3,715.1® 4y241.10 5,128.20 $M-8Q $=.00 NIC iM.00 $1,x.40 $1418.oo $200.00 7176970642 TIN P-008/003 F-235 Full I.M. 03 'B M* F d? C, "Moo $3 woo "rS O voz t, U/:16 :.toy by: VAMP HILL (07:'i17) Pg 2 of 2 Lumber e Millwork • Builders' Supplies Rentals • Hardware • Flooring • Kitchens Mailing Address: P. O. Box 1924 • York, PA 174015 "Visit us at wwwJhmson.com" 2200 MONROE STREET • YORK. PA 17404 • PtWW 792-25W 217 EASTMAPLE STREET -a&LAW0YW. PA 17313-Phahs 244.4077 109 RAM DINE • HA WftPA 17331 • PhWW SU-M7 SOLD TO 3442 sW nM FERRY ROAD • CAWJAL• PA 17011. PAorN M-071 PTO 9090 s. MAIN srREEr • CHAwastssURG. PA 17201 • Phan 293.9131 ROME DESIGNS UNLIMITED LLC ROME DESIGN UNLIMITED LLC P.Q. BOX 387 837 SANDY HOEXjM RD. SUB: 162 NEW KINGSTOWN, PA 17072-0000 NEW BLOOMFI , PA 17068-0000 QUOTE # TERMS DATE ENM 1 8 EMR AWN D ATE 1592 80001053 _ NET 10TH PROX ::1 10/01/0 JLP 10/06/07 ORDERED .,,e? olm9lso M - DESCRIPTION PR ICE * AMOUNT 1 1 A EA w** (NOTE ***: i MASTER BATHROOM VANITY TOP 37112-75B RODE 404 PINE GRANITE 1 14"R & L RIGHT SIDE SPLASH .BASEMENT VANITY TOP 25X22 SB RODE G213 BLACKBERRY 12 1/2" R& L it sill i 83.000 116.000• 83.00* 116.00* October 2, 2007 07:15:55 OT:TRS MERCHANDISE 399.00 ********* * QUOTE * sHP VIA OTHER 0.00 r ********* PAGE 1 OF 1 TAX 6.000% 23.94 FREK`Fa tT 0.00 TOTAL 422.94 v%l t• iv. cvvr t I.iIniei nimma unuur No. U/Ub Y. 1 r HOMO i s Unt mftd UgtdMg / ronoe R&MIUMtion Iota! Blow- C?iwNar ANta1N?ROwt f.0at? # R, 1 SW dl. odd tags woaa # RsaMSQ ei" 6 Oo o Mill ack 0 RsOr WW OoMd ets oo s staymem" o Rmes"d ep-11 ,1 ROC do s?o1 ooE.d, Dow eM lm ado eeh Fdrllt W Combos 643A2 ss.dbs..?u.n. 0 11Clm oalwkm 175A0 7 sw. omm au *m to g MIS ftim" Cubm m 1~ cn?eam Mamebrlat Hwftowwuuwrrnftdfooa.o+rywtgarN =mbc L trw mmwm i?tte digs ,osdMM4wl?oaktm Mstsbw& wlb'Mw ftftbAoeenMW espwas+ te?+any.u..yv?su.+e+?.etsorwt+ts?+rthsa?.r?rwurr?tr?ISR I ?s 0 40-ftsmo~- 40 °d! Own LO 60 )DO YALE ELECTRIC SUPPLY COMPANY 6490 Carlise Pike Mechanicsburg, PA 17055 717-766-0258 HOMEDE BILL TO: HOME DESIGNS UNLIMITED PO BOX 387 NEW KINGSTOWN PA 17072-0387 CUSTOMER P.O.NO. WHITMOYER 4223384-01 I 399 07/19/07 Branch #4 Customer Pick UP i rayu c ur z s14L9i0 ' I INVOICE REMIT TO:. ALE ELECTRIC SUPPLY O. BOX 647 LEBANON, PA, 17042-0647 19/02/07 11:26:54 AM SHIP TO: ROME DESIGNS 199 BEAGIB C CARLISLE CUSTOMER P.O.W. WHITMOY 468 WHITMO= ror or ddWo e ME=" cooeaaWUnor ? Tnib 1S YOUR INVOICE ?' •'* • - MAWAX AMUMM c • cawou col • -?ecprwcn=FMt •e -am••eiacrarr=V$WA ®tlf r - rrrataAsaant . wM _JWWRIAL CWT BE WTUN EO YYITHOUT ll? 710N'APDWILL BESUSJECTTOA NET TERMS: PROX 25 DUE: 08/25/07 CE' •** ORDER COMPLETED *** FASTDW FA C1N S,? SUSJEGT TO 1.896 F IRSi a XIOPTB 8/88 4223384-01 RD PA 17013 07/20/07 B I 1 TOTAL .CHAfAF FOTHER TAX 43. 0 17? CCL(u-V?t ?rl, uV, t-( `I i ii sill A6 I-nr-e- 0 • CRUSHED "E INVOICIE •TRANSrf fitiXED HElY?.?? ??® •y ?1?1 °SAND •G1 Mb iC • CONCRETE 205 CREEK ROAD ° P.O. BOX 278* CAMP HILL, PA 17001-0278 • PHONE. (717) 737-3 11 • FAX: (717'76-5i-* • ASPHALT PAYING PLANT LOCATIONS MATERIAL 205 Creek Rd. :.:.... Camp H8. PA _ 737.3811 • DRAINAGE • PAVWG 1001 South Front SL ............ Steetk n, PA . .. 795 • EXCAVATION 55 Locust Point Rd. .......... Machankslwrg, PA ........................ 7J5.9000 . • MELIf AND M&WAY Sand 6 Gravel Plant .................. Toland. PA .................. f ... .... 4865111 CONSTRUCTION 1% PER MONTH DELINQUENCY CHARGE AFTER 30 DAYS Bill To: 003000 Job: HOMES DESIGN UNLIMITED PLANT P O BOX 387 NEW KINGSTOWN, PA,...1707.27 .0000 Invoice: 511189 Project No PLANT Invoice Date 09/17/07..... . Date Ticket 09/07.30240573' 43 Pri 800` T x:9.4 Product Summary. Total 83.64 $78.91 4stomer # Purchase Order PERRY COUNTY ?0 V/ Page 1 of Payment Terms NET 30 DAYS Luc t , < . ' :S2t Misc. Tax Invoice Amt Re $0.00 $4.73 $83.64 ipt Amt Bal ce Dtm $0.00 r$83.64 Tak', x.73 Invoice # • Quality Lawn Works, Inc. 7840 Wertzvine Road Carlisle, PA 17013 I I BW To ikmo Designs POB=387 Now JaVV&DWB, PA 17072 L P.O. No. TWM y Prokd Nd 30 Rabe - } Amount 350.00 •300.00 6.00% Total 350.00 300.00 0.00 $650.00 1 P.O. Box 387 Now Kingstown, PA 17072 (117) 9604M95 Phone (717) 9OW44 Fax . e-maq: chm @bdupa.com arw Tm Mark & Debbie Whibnoyer ftM 717- 2 2126 Phones 717-b8 -M Res Allowance / CO Ibans OUrgent r COI Dens 'UMimted Design& n Visit Our Webs1e aG ww W .hdupmcom FA, 3C OCT 0 3 2007 e r) From Tonna Pages: 1I Tb-ixk Qc Date: 101=7 Cm Debbie 0 703-4174 0 For Review ? Please comment 0 Please Please Recycle e Comments; .4a fternr?v 14 Hi Mark & Debbie, ?5,?°?rac •?o?j-? Please sea the attached a/or allowance in[onnation and op?tio0 Once=. YOU return the attarlleel v o keioemis we gspmInja q mcklam the 9 W&W that home airsady been approved. Your tights that you have pIII Chased from YtileBectric v tit to be sit Y4KW home by October 15th. I lotus contacted Lt advedule, d'eitvtery of Yaw . ? for the middle of next week. 1AAren the apse pCh,ig was tnpbtfodl for the 1 the 'front door) Myout - Dave wanted me to let you km W that he d d tacos the *WvhW into acc+oant for the final per. M you have any questions wIM the buck up please feel *es l to contact our otrlce. Piave a Great Dayl • • lc? a a as "y f + .?Q Z/f a : I4/f1 'oN .a ' Jnnvn f14B11TLi uff7r•7 IAA7 ,.. • • ?Q ?a ie ac Y l c>l l Z 'a 19/0 'ON Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New Wngstown, PA 17072 (717) 960-0295 • • a Mark and Debbie Whitmoyer 375 HoNow CMxdh Road -14 10J19/2007 New Bbondieid, PA 17068 717-514-0168 837 Sw* Holow Rd. Now Bloomfield. PA 17066 6/8/2006 Pnsvlous BahrKx from 0 -13: :.. •..• 22 Fbxile Due Per Quote From Quality Stone'. 4 .07 " See atacthed 1427.93 Credit Bad Allowance in Contract Re Quote Fnmh Stone 10-19-07 4 283.07 Balance Due Paid 10-22-007 Cheek 91183 LEMbIm=W,Wn=WcL,rt of, and QMWILIO with, the existing contrrct WE AGREE hereby to make changes'as specified above, at this price $ 4,263.07 October 19, 2007 Previou Amount s $ 511,049.42 Revised Amount $ 515,31249 ACCEPTED: The above prices and speciesdons of this Change Order are aeuafaIdM and are hereby accepted. AN work to be performed under same lemma and oondkbns as specified in original construction contract and change order policy unless otherwise stipulated. 1 understand and hereby agree to pay this change In full prior to ordering any materials andfor items required to implement this change, unless 0"Mwise noted. If PaYmBM Is not received we unbounatey may not be able to make the requested changes. Home 130:1Ws UMimbed, LLC is not gable for delays in construction due to delays in receiving change order payments. III Oct.22. 2001 9:30AM NEIMAN GROUP No. 0835 P. 1 Change Order u.c 0048 ow P.O. oft "T " mXbWbml, PA 17072 • 4" 0"r to mw ?IwMarsPiNRwtd ??? iiee?Mhdantlq??o?r *oft ?? DLLs b no "a ib *ws Inl26YC r? ?J Zd W4096U1 tel. MR7R... dg&:Xo to 84 pp QUALffY STONE -L E TO ? DIVISION • 0M OW P", Uftl sb M PA 17340 Ph (717) 359,4 Fox (717) 359-4472 Date: Dcbober a8, 2007 ??ed To; Novae Designs UGMAW Po Box 387 New MWtM PA 17072 Phase number: (717) 950-OM Fax Number : (717) 960.9744 Joe Nm&- Whblrroyor 1 ReMo We /tsroey=omit an esNtM 'Tor a?kftr And Flea s pOr PIMM 342 sgli"t @16.50 m $5,891.00 ?rle?ct?o style . m"WWW> h rnstertderw"wcor a 8r Mf MUM flseeUl W ft 1040 -0 408 Ah week et b* cwnpew AW o &Vftn or I I lior, Aa. aeartl «dra %WVa M aMS show" Q~awdatone ffi.eMY,a,a All nb 10 ? ?. aM olhr nooasur ineeaarwe? W* nw!? wlMwraw Ods proposed if ept aeoepeeel ww* T Cnwo appfflesfflon aawt be s 1 1 a - d ane before alrnrMN.beeed onyour now* -10t lddo AN dnpoahr at Mw abogre isiew a tin wj aad cofldlBom alA audwkod w do Gm wort as apecMaC Payment wn be f3igllltbr?s : . . =V" d pn*a wl must he rsoelrad Ikt Job ID: talfifi6 IIII b 011 III ?,II w 1?ita0are ?r s f worn m" of : wia nL BMW wU •?ow =74M )urwerleersaaelY* YtipMpgpn II to 19" b* *dWdmlA be nM*Md belb?eIob r no subjed a?and em ? A. fiaaNq shone ? as ovMtned _ Daftie : job Cad be t C9 ; t. L ii i 'A 'i ?? .1 ?111 ?- .,? 40 Lj A , ' i C4 - U? 3 I3K Wj WZ LOOT 'S I. ,l/1 d 14L0 '?N - 0 • ? I ?GL cLAI c e- O's, cF II II ?a 3 0`1 j . 6,?- IT 0 .. 859 Cleveland Avenue P.O. Boa 692 ?I Il?ADVAI+tCE ORDER -RIITTEAFIOl1SE MASONRY PRO CBI PA 17201 Transaction D 859 CLEUEt.AW AM (717) 267-4500 a1e/Z7in?e 5102/07 10:. CHAMBERSBURG, PA 17201 www-niftmbouse.COM ? I 7172874500 C 4 R Y SLi To 06107i2007 08:40 ral ? Jobs 80N0-1Z g? tNLna= :Sat 1 ? = ob 1. o= WHITMY= w r? t P .O. Data 3ArIDY HOLLOW RD. Transaction # 1 Ordered a D'? N ALS,PA 17099 Card Type : MasterCard &U/67 Aoc : Uft""wif-Im- Sf*"3206 [? .. Entry: Manual Sal:: 5208 _ G7 GROMM B'C it/sC Uaft FutGaae: 361239 4w J 94 6.780 .006 4' Full Pallets 141 Planes 31136'76 Respot?s0: AP361234 AUS Resp.: 124 WRUR I+S XQR M" T"Z S 75# 7" ,000 270.89 Neither address, 23 Pleass nor 2IP matches 161 C0VB&; PALL$T A BOTMK. M W 006 2.25 . 101 cP • 1?s - s,? . r s4 -.. _.. • - __... .2.256 AZ saw-' x,50 0144 ?' Ig.920 -000 ?.31.16 BD?LS .000. -103 PALLa?S T$BiiBb ON DBL. OEM 14.108• 42.60 23.0A6 - .006 23.00 ;03 ALLSTB low= 13.#60 .000 63.00 113 mom TRO.1` DSLIVffity ammm .000 ?.40000 247.06 EC D - I I I I I I I I I I I I ' I - - aff W& 1mvD IT0 AM B,OMD d00D8 !•• '*• 3ligot4ve 91/01/07. uItterhouse x3.11 not sater.la. Please do not return for an ? t ? spossl. 3575.66 247.00 14.096 34.58 PA 35t & 3 ***"***"'?"*'?31.06 *MOM ben Shlppiw Tastrmationsa *#* mr MUZZIALS TM= TSB Fx=nm WALL TO TSB RIMT Direationsa 81 N.TO BZIT 47 T/L ON HANOVER ST.OO?Tl'ISON OIW 12.14 OW OP TOT OD P 850 R. AND M: T/L ON RAMBO NMI, RD.T/T.. = BASM BOSUM AD.AD APM 1 RIVW.LOS AT BOOS 1 ARAM IS TO TRS LEFT. WT JU9WtIALB TomW T RBTAIR2MG MALL TO THE RIG=. BMW TBRRB ALSO. RZTWI+iPaIXy-_ Mwrnnm?t6e bpa nlab?irdr dgsd !rte m--wwb.biw =ddw6bam ll l?ew..aa?e.a?.r1 `c'i z ir.?L...r°'? wil. 4rrl.?4PM& bnm=WmAlr* c,?Urrrore?.r"e,?•?maep.a is and other mist you for ym= oomeration. ... 6208.61 6108.67 .00 B02K MI.OE 120o" A 08-2T-200T 88:ITam Fr=41 tterhouse Masonry Products, LLC P noun Below WW WOW P.O. Bm 397 WLW MNQ 1MFA 17072 +7172OU527 T-810 P_001/001 F-085 859 Cleveland Avenue PJV=W - OW/07 P.O.1km 692 CLe nbasburg, PA 17201 (717) 267-4500 www.niuadma.com CWWOW 1100x660 ft Name womdvm Chet P.O. UtiOeted By DA'VZ Sb* Date 6127106 1 Za ridaas IAO Si-1691 L?VBB.]PA&W A ]Krly r In" 3.0011 I Z -- =Am C3." 9= SAO 9?-I VZGKXW 6W 9011 9-94 1.000 81--146Ci v bE1;IVmty cod= mval+m own 35620 DffidTfma 6/261107 13:A4 RismlNmp Below unuam Inv= 121MUCE 4DT 8OUA)W XD. A 17090 Mo. mWW 2RA19 mm age= Guam we 7.430 .800 174.89 RUM 2.= .000 2.25 Um 1430 AN 42.40 PACK 10.930 .080 87.36 -on 1 1611.4001 168100 •.. Amt +?,?? stseati+. Os/ot/074 tlttasbanaa wlll snotc?as?a !os an aatado P and oeh?z ss.a. wa?ert a. ammi do aat satv?ra !or aswe?e or ?. :110t sawn Coopwatiaw. 140% ?'4 29A 52436 r+?#•'x''3206 Ammo3 t Umdered ... 173.E SWJ9 tbaogO .00 Dir.Ctieaa. 81 1.T9 urr 47 TA CK sA9o= ST.CWT.CN RT.24 CM 01 TM AO #AM 1108$ M.8SO Y. MW4. T/f. CN BMW BILL AD-T/1. an emy RpLWW aD. 00 AODIIKt1C i.s Ms.l os 410". B89 sAWI 100LLOb1 AD. 1flOt]CY A ?r.?sia??ikM.iBY.1`?Aaao??"0'`•••I??wYe?.?ru.M.iftWd ,mrsba+aI Are pw+rcwa? 1?a?r.?rw?sw ,.?arrwir•e?}i ? oao?*?n^?p""?"?"°"aj01?'rtr?. I w..+w...w.re•rw?..a?n?ra Ritner Steel, inc. 131 Stover D&e Carlisle, PA 17015 *voice: 717-249-1449 Fax: 717-249-6829 HOME DESIGN UNLIMITED, LLC P.O. BOX 387 NEW KINGSTON, PA 17072 i x6? invoice Number: 50317 InvoicQ Date: Jun 14, 2007 Page: 1 Dupicate CPU Net 30 CPU 2.00 L3 X 3X 1 /4 1.00 L3X3X1/4 2.00 L3X3X1/4 1.00 L3X3X1/4 1.00 L6X6X5/16 1.00 L6X6X5/16 1.00 PL 1 /4 1.00 PL 1/4 1-00 TOTAL 617/()7 7/14/07 L3X3X114X6'-O(P) L3X3X1/4X5'-0(P) L3X3X1/4X4'-.6.(P) L3X3X 1/4X2'-8(P) L6X6X5/16X3'-0(P) L6X6X5/16X3'-4(P) PL114X0'-5X4'-6 (NO PAINT) PL 1/4X0'-5X2'-8(NoPAINT) TT1 FOR ABOVE 655.00 655.00 r I P01 C, AE vr R Chedc/Credit Meng No: • Subtotal Sales Tax Total lnVOloe Amount Payment?C' re& App ii F #'-Cy f WE RESERVE THE RIGHT TO CHARGE INTEREST OF 1.5% PER MONTH ON X BALANCE x • II! F. rareY8 m fiAit nil) ? Iii 7R7I2007 bd07J48 Hamc IZesi?s Unlimited - ?? Y O Box 3a7 II New K.in?PA 17072 a" 62.3 Forams Hoots 66 ?onHwts 43 Tender lames t11'50 z Fed IDX23-253 IV? 4 • I f ?? I • s?:s?1•i?'..f.7i ? s?S riie T+:? . tj' i .Ti h ?"'•r'?6?? it fy_Y I Am 4M 33.W . L et 5 Y-? '? Q 1 U2'ip0 2,d4Q,Ot{ 1,506.00 , $7.27.00 0/ 1 i Quality I.aWn works, Inc. ! tnvoic? 7,800 Wertzville Rolla Carlisle, PA 17013 Date iny? 7/9/2007 1666 am TO EbMe POBox3877 ?ni f,f7G Mw MUPUYNR, PA. 17072 P.Q. Wo. Terms pn* Nat 30 QuanWy Desc dg ffon pift Amount Perry comlyproperiy 250.00 250.04 B&gblwkiWDb=ement. dada mderaxk. PA Safes Tax 6.00% 0.0( Tout $250.66 • • HP Offlc eW 7410 L" for Personal Nnter/FmdCopiedScanner Denise ThwVp w 7179609744 Oct 03 2007 0:16 Last Tmnawfl n Date Time . Oct 3 5:19PM TYM Identification I Pam Result Fax sent 7030743 0:39 2 OK 0 • U I ?,??rGJt. 1?r,r•C? _Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 7 New Kingstown, PA 17M `4 (717) 980-0285 Note: This rsvtsion becomes pert of, end in Conformance October 12, 2007 $ 2,516.00 $ 515,312.49 S 517,828.49 0 ACCEPTED: The above prices and smdffca des of this Change Order are satisfactory and are hereby accepted. AN work to be perfomu®d under same terms and conditions as specified In original oonstruction contract and crhange order policy unless otherwise stipulated. I understand and hereby agree to pay this change in full prior to ordering arty materials and/or items required to knplement this change, unless od a noted, if ant Is not received, we unforkmatey may not be able to make the requested changes. Home Designs UrdMd d, LLC Is not liable for delays in conatrudion due to delays in receiving change order payments. the oxbmng Contract Fj R?D tool Oct. 30. 2001 12:20PM NEIMAN GROUP No. 0855 P. 1/1 Chan" Order Ham Dmkm u+ . um o.*n mm as eox Pe7 • escai.s. PRA mm b a.?sne.ws` t1..o g oclubw,k n" Amp; ra.+usr.prrow.r,d,pac?e,go?aeq,n,pna+dran. sohhdmyawm -p NMvdtbo P afnndarssm. Ma1ls.nd aanfrom n aparrfia is od " oonksot aid CIWMVord.r ? aMN?Mk i?nu ? ?+d1? ? e' P?4?? dance in Unl0s Othmpke nom_ a rM"W'd b tn?p.nMa,t tlas dti.?e? pyrrwnt 1r not rsaeir.d. y n,.y nay a ablo q? pdbr ps??. J11A41.)" 101 A Z7d "L6096LLL G - 7t. eel ? a?saaw u 41. CI d80.Z1 Lo 9Z mo P.O. Box 387 New Kirtgstown, PA 17072 Home (717) ?°' Phone Des Un1lomrted Jeff. h ?8 @h Fax Mimftd.com Design & CQ CZZOY! i VSit our website @ wv? w.Wnedes nsunrjrnited.com II Fax, FAXED CT 2 X007 To. Mark & Debbie Whitrnoyer From Tones lync (717) 5R-2126 Pa9m 2- fa?QMW PNonae (717) 582,2126 Dates October, 25, 2007 RUCloO S 1S CC: Debble G 7 ? UgWd 9 For Review ? Prsase Consnent EF poesee. 0 phase Rsayd. • COMMM ts: Hi Mark and Deice, Based on your meeting with Dave and John at site on Tuesday I uWetakm #W all issues with the My Apowan©e have been adder and . I am fm&V a revised do #15 wtnch retlerts your payment record for FkAs and the . balance due for the UtFlty tce. Ploase ?n the altachsd c/o and fax back our office and let me knm when it would be Possbe to pick a d z k up for this do_ If you have any que a regarding this please deny hssft% to John or our . Have a Great Day! cm*ct , I Tonna 11 • WP Oet 7410 Personal PriLast Transadien 9- AM T„w Oct MR-VARNM 26 12:08PM Fax Sent 7030743 °i for IIII?? Denise Thm?xm 7179909 " Oct 25 200 12:WM fl 2 OK ?I III II ?I III ?I I 0 0 • HP OMCOJet 7410 Personal Ponter/Fax/Copier/Scanner Log for Denise Tha 7179508744 Oct 25 200 12:10PM Last Tr Date ensactLon Time TVDS Identification Peres Result Oct 25 12:09PM Fax Sent 5822128 0:0 I I, II I 2 OK c: Change Order Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New Kkhgsto+nm, PA PA 17072 ?i (717) 960-0295 0 0. Mark and Debbie)t&Itmo r SM -18 375 Sandy Hollow Church Road 11118007 NewBbom881d, PA 17068 717-014-0168 837 Sand Holt Rd. New Blowftid, PA 17068 8/8/•1006 Previous Balance from # -15• 0.00 24 Cost to front door from a Brass 3 Handle and Deadbok to Aged Bronze 716 3 Handle and Deadbolt ... tis . ....: ..... 134.88 this cost reilecb a .00 credit from the original Brass S Handle and DwKi oft 25 Credit due to cxrstomer for $100.00 Bank I nspection Fee From fax dated 10-31-07 100 Note: Thra rnviahnn AGREE hereby to make changes•as specified above, at this price $ 34.88 November 5, 2007 Previous Contract $ 517,828.49 • Revisedpurhou?rt ? $ 82M,37 urrrra*r.y ACCEPTED: The above prices and sparcations of this Change order are satisiactory and are hereby accepted. An work to be performed under same terms and conditions as specified in original construction contract and change order Poky unless otherwise stipulated. I understand and hereby agree to pay this change in fu/ prior to ordering my materials and/or items required to Implement this charge, NOV Q 5 unless otherwise noted. If payment is not received, we unfa tunW* may not be able to make the requested changes. Home Deatgrre UnIkilted, LLC Is not liable for delays in construction due to delays in receiving change order payments. 00 ON, S•?an« ?"J F -*71 led 46-411 Nov. 7. 2007 4:52PM • • NEIMAN GROUP Change Order Hans DnlM un d,11C Dowon and Ooialww mm PA. am W7 nvmwmt. PA 17on n17) g 04= r? as 110 Navara6ar 5, 2oar $ ACCW TM OlavIkft awd WoOaftm o W& OWW On WW. ?aMotory awt an Newby angPbd N wads 1s IN P xftmd w W r asim ?1 w oaois w odlUiM miwEruoron oadwd and vwVa cedar s b a aNiallMb alepd, i and bswl4Pspa? to p? tbie ahstan in anl?ahalw(alt.edlfor twaw ww?dwd ? ? tlds d? antes arwwbw adimL 1f p"mwM b west roakK ws dq b N WWW6p ?aa9@ adwi I m is. r-. \ _ . . I £ d b4LowutL No. 0925 P. 1 3?.D0 a? dQM LO 90 AON P.O. Box 387 NeW Kingstown, PA 17072 -.+ (717) 960-OM Phase Home n1n 980.9744 i=x Design c" "Cons • e-mail: dentse@hdupa.can VrA Our Web61lE: @ 1AANW.? or To: Mark & Debbie Whitrnoyer Fa]c 7174682.2126 Phorec 717-M-2126 Re: Yost,}Voo '5QO _ Unlimited FFA3CED From: Tonna Pages: l- Including Cover Date: 10131/07 Cc: Debbie a 7034Y743 OUrgent 0 For Review O Please Commeeft Eff Please RepFyp Please Recycle 0 e Comte Hi Mark & Debbie, Per Your phone -w m i sation with Denise, Florae Designs the $'1oo" h:specMon toe on the next change order. Tonna wlil cndlt 11 t sHp"OIcg9t 7+410 Personal Nnter/Fax/Copier/Scanner • Last Transecoon Date Time TVDO Oct 31 12:41 PM Fax Sent • II Log for Denise Thumps 7179609744 Oct 31 2007 1 Identification Durati PWes Result 7030743 0:25 1 OK 10 r HP "bice* 7410 j Personal Printer/Fax/Copier/Scanner Log for Denise Thompson 7179609744 Oct 31 2007 ? T?mwart Date Time Twe Oct 31 12:42PM Fax Sent lie Identification 5822126 Durst, Pages Result 0:29 1 OK 10 Change Order Home Designs UMU Ned, LLC Design and Constrodion P.O. Box 387 Now lingstown, PA 17072 (717) 980-0295 i 6bbie Mwi 375 Sw* Hotbw *Iffc h Road -17 New Asid,PA 17088 11?ROOT •? 8arody Hol 837 low Rd. 717.614-0188 Now BbwtdlaK PA 17OW 602006 Pew from m1 -18: 34.x8 28 Emotion A&PA CS F%CM)Cbftn **&a AftChed 11 **As of -7-07 1490.12 ' 900.00 3ms Work Q? Lawn Works 525.00 amt work Lawn works PE M MA btone Am Bros Inc / --l C/O rRt3 1490.12 Balonoe pyre Paid check# 119311 12-07 1325.00 Mobs: This revision bem:orhmas pert of. and in contionnence wkh, the exhdlng contract AGREE hereby to ma cmanget as specified above, at "I price $ 1,525.00 November 7, 2007 Previous Amount of $ 5 7 1,M.37 RevlMd Armwe $ 519,363.49 ACCEPTED: The above prices and specifications of this Change Order are ? and we hereby as specified in accepted. All work to be performed under same Policy unless otherwise original construction contract and change order stipulated. 1 understand and hereby agree to pay this change full prior to ordering any materials and/or moms required to Impfernent this change, unless otherwise named. If Payment Is not received, we unbriunatefy may not be able to make the requested dnanges. Home Dsoigns Unihnfled, LLC is not liable for dab in construction due to delays in re;Q.,L.1 change order payments Sim . 'L, . !. II 4 DEBRIS ,? WHiTAN, t i 193 - i?#ti1S8Clgt3,. P!A ?17t? s7g9 - , - ?•: ?'.?'. =.y _ .. •[-:, tom. r ?- II 0 E • INVOICE • CRUSHED STONE E M P T ? • SAND • GRAVEL *TRANSIT C MIXED ®S e INC. 205 CREEK ROAD 9 0 • P.O. BOX 278 • CAMP HILL, PA 17001-0278 • PHONE: (717) 737 3411ii • FAX: (717) 761-5019 CONCRETE P awr MUM • ASPHALT PAVING 205 Creek Rd. .. .. . CafV HM, PA . , MATERIAL!. 1001 South ronc St . ............ Steelton. PA ..... 737-3411 ..... • DRAINAGE • PAVING 55 Locust Point Rd. .......... Mechanicsburg. PA .. . .................... ..... t ..... • EXCAVATION Sand & Gravel Plant .................. Taiand. PA 7 STREET AND DRIVEWAY 196 PER MONTH DELINQUENCY CHARGE AFTER 30 Q CONSTRUCTION D?A? ? / Bill To: 003000 J HOMES DESIGN UNLIMITED Job: P O BOX 387 PLANT NEW KINGSTOWN, PA .17072_0000 Invoice: 510684 `Projett --No -1 I_nvaic`e _. Dat P Page 1 of 1 LANT I 09/10/07 - __ ? .L.La z:j = vraex,- . _.. _ .. - ?Pa .. PERRY COUNTY _. NET 30 DAYS Total 65.12 r , f 3? Mayer a $61.43 Omer # bw ?,. Misc. Tax Invoice Amt Recei t Amt $0.00 $3.69 $65.12 i$0.00 0 ce Due $65.12 Invoice # Quality Lawn Works, Inc. 7800 Wertzville Road Carlisle, PA 17013 BM To Hame Designs PO Boot 387 New Ki VIOVyp, PA. 17072 P.O. No. Q48nft Description 10/15/07 Spread top soil, fine grade & seed at Perry County property PA Sales Tax \?"'`` ®® O A CC t? 0& papmeot will be appreciated. Invoice Date _ Invoice # 10/19/2007 1744 it arms Net 30 Rate 525.00 6.00% Total Project Amount 525.00 0.00 $525.00 i X51113/ Lawn Works, Inc. 7800 Werizville Road Carlisle, PA 17013 881 To Hama Dedgm PD Boot 387 Now Kingstown, PA. 17072 Deliver 1 load cf 2D. Extend footer drains. DiS poach footer. Sub-grading. Dust around tranatormer pad and backm Close utility tnaeh at street I0/15/07 Stab>Tme bank with straw Fitt in grade for cony to patio Dig footer for fit= parch colmnn Set home owner rock at and of patio PA Sales Tax Invok Date Invoice 10/15/1007 1743 II Trams.. Net 30 Description Rate Amount 10/12/07 Wads done at Perry County loc• fim- 900.00 900 Deliver 1 loadofiust OL payniwt is vpmdde& III III' 6? III r? COW 0. Total $900.0 • 0 P.O. Box 387 New iCingetwwo, (717) 9604)285 Phone (717) 8609744 Fax e-mail: (nto@hdupe.com PA 17072 Horne Desi om UnUmNed Design & Co ' n vise Otu Wdxb @ hdWa.oom 7 2#61 To: Marc & Debbie Whitrroyer Fhmr. Tonna Fam 7185=-2126 Page= 5 - induding;C~ Phone 717-M-2126 Date: 1115107 Re: CIO # 17 CC: Debbie 0 7=-WT o CC: Dave T a mpeor: ?Urgeet H For Review O Please Corrueent H Please Pfes®e Raplyp Recycle e Comments; M Mark & Debbie, Attached Is the Excavating Allowance on CC *17. Please review and let me know when wo can expect PaYnenL mount due includes the bye foi CM 81% that i will also need and faxed to our ofNce so we can place the order and keep on track.) Please feel free to contact oar office wigh any questions y?u rosy have. TOMS • Log for Denise Thompson 7179609744', Nov 07 20 7 5:26PM HP OMOOJet 7410 ' Personal Printer/Fax/Copier/Scanner • 9 Last Tin Date Time Tie Identification Pam Result Nov 7 5:24PM Fax Sent 7030743 1:0 5 OK II E a HP OIYic ojet 7410 ' Personal Nnter/Fax/Copier/Scanner Log for Denise Thom 7179609744 1 Nov 07 20071 528PM Leis Ton Date Time TVQe Nov 7 5:26PM Fax Sent C Identification 5822126 III Duration Pam Result 1:4d 5 OK III II VIII ?I II II III III IIII ?I LOU for Denise Thomson 7179609744 Nov 05 20071 2:58PM HP Offkeet 7410 Personal Printer/Fax/Copier/Scanner • Last Transaction Date Time Tyge Nov 5 2:57PM Fax Sent identification 7030743 Pages Result 3 OK 9 HP 61110 jet 7410 Personal Printer/FaxlCopier/Scanner • Log for Denise Thom" 7179609744 Nov 05 2007!I 3:OOPM Last Transaction Date Time Type Identification Du Parm Result Nov 5 2:59PM Fax Sent 5822126 1:2 3 OK I VIII 0 CHANGE ORM Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New Kingstown, PA 17072 (717) 960-0295 ° Mark and Debbie Whitmo r o"W ft. -18 375 Sandy Hollow Church Road 12/5/2007 Now Bloomfield, PA 17068 717-514.0168 837 Sandy Hollow Rd. AVh yer New Bloomfield, PA 17068 618/2006 Previous Balance from # -17- f .......... 27 Mason allowance exhausted see attached invoice 405.00 HDOM1 for block washdown note: This revision becomes part of, and in conformance with, the existing contract i AGREE hereby to make changes as specified above, at this price ' P. S 405.00 Date December 5, 2007 Prevkws ithi ct $ 519,353.49 Revised Arrwtr?t $ 519,751).49 I ACCEPTED: The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original construction contract and change order policy unless otherwise stipulated. I understand and hereby agree to pay this change iri full prior to ordering any materials and/or items required to implement this change, unless otherwise noted. If payment Is not received, we unfortunately may not be able to make the requested changes. Home Designs Unlimited, LLC Is not liable for delays in construction due to delays in receiving change order payments. Authorized Signature s Date 'f t%p si9?a4u?+cs a p?yn?cn;- rpn%Ar C CHANGE ORM Home Designs Unlimited, LLC Design and Construction P.O. Box 387 New I(Ingstown, PA 17072 (717) 960-0295 k and Debbie Wh er -19 Sandy Hollow Church Road 12/122007 Bloomfield, PA 17068 F 717-514-0168 Sandy Hollow Rd. Bloomfield, PA 17068 61842008 Previous Balance from # -18: 465.00 ?N0 28 ::::•::•:•::::•:•::•:•:•::•::•:•:• :::.:.:.:.:. Credit issued to customer for "Wing packne included in contract dated 06406-06 - not completed b Builder .•. . .•.•.•.•.•.•.•:.•.•.•.•.•.•.•.• 1200.00 29 Refund to homeowners for Flexlite Payment on Go #14. Work will be once weather permits. "Full P n t (5.691.00) in the amount of $5.691.00 will be requi from Buyer t0 Home Designs Unlimited LLC rior to the scheduli of the tlexlite application. Builder reel to hold pricing ed as proposed on 1011207 Qualtly Stone Veneer, Inc. - - see attached letter dated 1217/07. "'Credit will be issued to Buyer upon the rscei t of the final contract payment due from construction funds at Suntrust Mortgage. Nnfs- This rrvlsin.. 1- -- - --? ---- •-- --..._... _..? ......, ...a v........2/ .wousw. WE AGREE hereby to make changes as specified above, at this price 10. Is (6,488.00) Date December 14, 2007 $ 519,756.49 Revised Amount $ 512,887.49 ACCEPTED: The stove prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original construction contract and change order policy unless otherwise stipulated. i understand and hereby agree to pay this change in full prior to ordering any materials andfor items required to implement this change, unless otherwise noted. if payment is not received, we unfortunately may not be able to make the requested changes. Home Designs Unlimited, LLC Is not liable for delays in construction due to delays in receiving change order payments. ccedil? I 40jr 09asi ftAta VAO 6 SneAu-irfs. e-?ax+ of ? ?SI?; ? ? . 12/20/2007 12:39 FAX 7176008965 SUNTRUSt-MORTBA6E 001/002 mm A. ny m4L AOMMMALS "778FACrMy COMPLETION CERTIFICATE FUM rft On AWO ??MP . Mirk! ?BPWWNW by T6*appr" f4WV..t tt« "101111 wnWmkft C3 mpsk% or been n%, and any mp*w ?PAP" ?O m 0o in a s.et roeM? In Ihe.p eo1t?11tMbn twos haw bank doM In a wwwom" mww. must any praperv nw"qa or 00 "o of VON N kk In dw appraNal aPpt and s do not •Nynau to tha ",port ,n* ",d 0"" 00 Wo guMftnft* aw4ft" i , th' wawa np,aw p? aeoere"p +wtn u+. pm ?OGy PD Pape S. Exhibit i w rw cn ID =-c HOME DESIGNS UNLIMITED, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW MARK A. WHITMOYER and DEBBIE DOCKET NO. 09-1519 WHO TMOYER, his wife, Defendants. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Home Designs Unlimited, LLC, Plaintiff, c/o Samuel L. Andes, Esq. 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 You are hereby advised to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof. SMIGEL, ANDERSON & SACXS, LLP I Date: ?/v°/D? By: Ater . Good, Esquire ID #64316 Stuart S. Sacks, Esquire ID #18059 River Chase Office Center, 3ra Flr. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor pgood4i?sasllp_com 4431 North Front Street Stuart S. Sacks, Esquire Harrisburg, PA 17110 ssack rusasllp.com (717) 234-2401 Attorneys for Defendants HOME DESIGNS UNLIMITED, LLC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MARK A. WHITMOYER and DEBBIE WHITMOYER, his wife, Defendants. CIVIL ACTION - LAW DOCKET NO. 09-1519 JURY TRIAL DEMANDED WITH NEW MATTER AND COUNTERCLAIM TO COMPLAINT AND NOW COMES, Defendants Mark A. Whitmoyer and Debbie Whitmoyer (hereinafter "the Whitmoyers") by and through their attorneys Smigel, Anderson, & Sacks, LLP and make the following Answer with New Matter and Counterclaim to Plaintiff, Home Designs Unlimited, LLC (hereinafter "Home Designs") Complaint. 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The Whitmoyers do not have sufficient information or knowledge to fo a belief as to the allegations contained in paragraph 3. i 4. Admitted. 5. Denied. The document Home Designs references is a writing which speaks for itself and therefore any summaries, conclusions or characterizations made regarding that writing are specifically denied. To the extent that a further answer is deemed required, it was Home Designs' responsibility to perform the Contract in a professional and workman like manner. 6. Admitted. 7. Admitted. 8. Admitted. i 9. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, there were numerous instances throughout the performance of its obligations that Home Designs did not perform in accordance with its contract plans and change orders. 10. Denied. The document Home Designs references is a writing which speaks for itself and therefore any summaries, conclusions or characterizations made regarding that writing is specifically denied. 11. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a resp nse is deemed required, the Whitmoyers aver that there remain numerous items that have l not ?een completed by Home Designs by the Contract. 12. Admitted. 13. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the Whitmoyers aver that the residence and garage have not been satisfactorily completed and that Home Designs is not entitled to any further payments. By way of further answer, and as set forth more fully in its counterclaim contained herein, the Whitmoyers aver that Home Design owes them substantial sums as a result of either incomplete or inferior performance pursuant to the Contract. 14. Admitted. 2 15. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the Whitmoyers aver that they do not owe Home Designs any money and in fact there is money owed to them for Home Designs failure to complete its Contract work. 16. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants Mark A. Whitmoyer and Debbie Whitmoyer respectfully request that this Court enter Judgment in its favor and against Plaintiff, Home Designs Unlimited, LLC on all claims as set forth in the Complaint. DEFENDANTS' NEW MATTER AND COUNTERCLAIMS 17. Defendants Mark A. Whitmoyer and Debbie Whitmoyer hereby incorporate parajgraphs 1 through 16, inclusive, as if fully set forth herein. 18. Plaintiffs Complaint fails to state a claim for breach of contract upon which relief can pe granted. 19. Plaintiffs claims may be barred, in whole or in part, by the doctrine of laches. 20. Plaintiffs claims may be barred, in whole or in part, by the doctrine of unclean hands. 21. On June 6, 2006, the Whitmoyers and Home Designs entered into a Residential Construction Contract by which Home Designs was to construct a home with garage for the Whitmoyers at their property in New Bloomfield, Pennsylvania. 22. The parties understood that the home was to be built using energy-conserving details including high levels of insulation, quality windows and doors with insulating glass and 3 that seal tightly against air leaks, vapor barriers, caulks and foam sealants, proper building- cavity ventilation and energy efficient appliances and lighting. 23. The parties understood that the design and construction of the home was detailed and specifically intended to minimize heating and cooling loads so that as much as possible of the remaining loads could be satisfied with renewable energy sources. 24. The Contract provided that Home Designs warrants to the Whitmoyers that all ma4rials and equipment incorporated into the contract work shall be new unless otherwise specified, and that all contract work will be of good quality, in conformance with the contract documents. 25. The construction was to commence in June 2006 and be substantially completed no later than 240 days from the start of construction. 26. Construction was delayed and did not commence until October 2006 and in December 2007 an appraiser issued a satisfactory completion certificate. 27. Despite the issuance of the satisfactory completion certificate, there are numerous instances throughout the performance of its obligations that Home Designs did not perform in accordance with its contract plans and change orders. 28. Home Designs failed to install a HVAC system pursuant to the Contract spe Iifications which states that the HVAC would be a geothermal heating system with radiant heated floors. 29. The geothermal heating system installed by Home Designs is inadequate and was not installed in accordance with the Contract and the plan designs. 30. The Whitmoyers would incur a cost of $6,123.62 including tax plus an estimated additional charge of $4,400 for excavation charges to install a discharge line to remedy the 4 incq'rrectly installed HVAC unit. A true and correct copy of an estimate from Novinger Enterprises for this work is attached hereto as "Exhibit A." 31. Home Designs failed to correctly install insulation by failing to install a vapor barrier and by failing to install baffles between the insulation and the roof in the home pursuant to the Contract specifications. 32. The Whitmoyers have incurred costs of $10,111.57 to partially remedy this breach by having vapor barrier paint applied to the ceilings, and by vapor-sealing the ceiling fixtures to the extent possible. A true and correct copy of the paid contractors invoice from S & R Construction, Inc. for this work is attached hereto as "Exhibit B." 33. Home Designs failed to install metal snow guards on the roof of the home pur§uant to the Contract specifications which states that "Fabrel standing seam metal roof to include ice and snow guards." 34. The Whitmoyers would incur a cost of $5,700.00 to remedy this breach by having the correct snow guards furnished and installed. A true and correct copy of an estimate from Nicholas Evanoff, Co. for this work is attached hereto as "Exhibit C." 35. Home Designs failed to properly install the skylights in the home pursuant to the Contract specifications and pursuant to the instructions of the skylight manufacturer. 36. The Whitmoyers would incur a cost of $13,600.00 to remedy this breach by having the skylights installed correctly. See estimate from Nicholas Evanoff, Co. for the work attached hereto as Exhibit C. 37. Home Designs breached the Contract by failing to substantially complete con truction 240 days from the start of construction pursuant to the Contract. 5 38. Home Designs began work in October of 2006 and were not substantially complete until December 2007, more than 6 months after the work was contracted to be completed. COUNTERCLAIM I Mark A. Whitmoyer and Debbie Whitmoyer v. Home Designs Unlimited, LLC. Breach of Contract 39. Defendants incorporate the above paragraphs by reference as though set forth in full.) 40. The parties had a valid contract by which Home Designs agreed to construct the Whitmoyer's home in accordance with the expressed ideas and input of the Whitmoyers and the Whitmoyers agreed to pay Home Designs the sum of $491,433.00. 41. Home Designs materially breached the contract by: a. Failing to install a HVAC system pursuant to the Contract specifications; b. Failing to correctly install insulation and a vapor barrier in the home pursuant to the Contract specifications; C. Failing to install metal snow guards on the roof of the home pursuant to the Contract specifications; d. Failing to install the skylights in the home pursuant to the Contract specifications and pursuant to the instructions of the skylight manufacturer; e. Failing to complete and perform all contract work of good quality in conformance with the contract documents; and f. Failing to substantially complete construction 240 days from the start of construction pursuant to the Contract. 6 42. Home Designs was provided notice of its breaches and an opportunity to cure said breaches but it has refused to do so. 43. As a direct and proximate result of Home Designs' material breaches, delays, and inefficiencies the Whitmoyers have suffered damages in an amount in excess of $35,000.00 plus incidental and consequential damages and they have not received the benefit of their bargain pursuant to the Contract. WHEREFORE, Defendants Mark A. Whitmoyer and Debbie Whitmoyer respectfully i request this Honorable Court to enter judgment in favor of Defendants Mark A. Whitmoyer and Deb?ie Whitmoyer and against Plaintiff Home Designs Unlimited, LLC in an amount believed to be in excess of $35,000.00, as well as interest, attorneys' fees, and such other relief that is just and equitable. COUNTERCLAIM II Mark A. Whitmoyer and Debbie Whitmoyer v. Home Designs Unlimited, LLC. Breach of Pennsylvania UTPCPL 44. Defendants incorporate the above paragraphs by reference as though set forth in full. 45. For the reasons set forth above, Home Designs engaged in unfair or deceptive acts or practices in violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("U PCPL"), 73 P.S. § 201-1, et. seq., including but not limited to Section 201-2(4)(ii), (v), (vii), (xiv) and (xxi). 46. As a result of Home Designs' deceptive acts or practices, the Whitmoyers sustained damages as set forth above. 47. The Whitmoyers also seek to treble their damages and recover their attorney's fees and costs as permitted under section 201-0.2 of Pennsylvania's UTPCPL, 73 Ps. § 201-9.2 7 48. Under 73 P.S. § 201-9.2, the Whitmoyers request an award of three times the actu?l damages they sustained, reimbursement of their costs, and reasonable attorneys fees, together with such additional remedies as the Court deems appropriate. WHEREFORE, Defendants Mark A. Whitmoyer and Debbie Whitmoyer respectfully request this Honorable Court to enter judgment in favor of Defendants Mark A. Whitmoyer and Debbie Whitmoyer and against Plaintiff Home Designs Unlimited, LLC in an amount believed to be in excess of $35,000, as well as interest, attorneys' fees, and such other relief that is just and equitable. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Dat B? Peter M. Good, Esquire ID ##64316 Stuart S. Sacks, Esquire ID ##18059 River Chase Office Center, Yd Mr. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants 8 HOME DESIGNS UNLIMITED, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW MARK A. WHITMOYER and DEBBIE DOCKET NO. 09-1519 WH'ITMOYER, his wife, Defendants. : JURY TRIAL DEMANDED VERIFICATION I, Mark A. Whitmoyer, verify that the statements contained in the foregoing Answer with New Matter and Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?- o2c) Mark A. Whitmoyer 04/30/2009 08:49 7175822126 CONSERVATION CONCEPT PAGE 02104 N0V*JGM ENT HVAC SALES $ DIET. 1SA FALLEN ST. Mai?m?ag, Pa 17055 717 766OM FAX 717 7®60737 March 11, 2008 MARK WHITMOYER 375 SANDY HOLLOW CH RD. NEW BLOOMFEILD, PA. 17068 Dear Sir CONTRACT PERSONAL HOME MULTI-ZONE DAMPER CONTROL. FIEXISTING SYSTEM 6-ZONE W/10 MOTORIZED DAMPERS. GEO PUMP AND DUMP FIEXISTiNG 2-TON COMMAND AIR UNIT REVISED 3/17/08 We propose to furnish AND INSTALL the following: 1. GEO PUMP AND DUMP 1'/ 1 PE plastic discharge plumbing system for existing Command Air heat pump. To include all necessary pipe and fittings to install. System to be buried from point of exit at bottom of property to be trenched by others to exit point at existing spring dewatering system. To include necessary 24volt control valves, water strainer, and flow controls. 2. EWC UZC Zone damper control system, to include a 6-zone damper system w/PC controller to include 10 EWC 24volt motorized dampers in a zone control arrangement for 6-zones. To include 6ea. Honeywell focus pro thermostats. 3. Line and low voltage wiring as needed to complete and power control systems. 4. All digging and trenching by others and not apart of this quote. 5. All necessary duct changes to accommodate zone dampers, to include removal of existing r/a duct, to install dampers. To connect existing r/a pans and reinstall r/a duct system. Total for above proposal: Personal home $5,777.00 PLUS SALES TAX Terms: deposit (52,500.00) plus sales tax, and remainder on finish and completion. FUEL SURCHARGE WILL BE ADDED AND NOT A PART OF THIS QUOTE BILLED AT TIME OF DEIVERY. ACCEPTED; The above prices and conditions are satisfactory and are hereby accepted: BY Date, Thank you for the opportunity to quote. 717-766-0736 Your Comfort Is Our Business WARRANTY: ALL PARTS AND LABOR 2-YEARS, JOB SITE WILL BE LEFT CLEAN AND DEBRIE FREE AT THE END OF EACH WORKDAY. JOB SITE WASTE IS THE RESPOSABILITY OF G.C. 04/30/2909 08:49 7175822126 11/24/0 09:57 FAX 717 238 9410 l G ?%?n,?.rPS ,?_ 9s?- ??.sT3 TO: CONSERVATION CONCEPT PAGE 04/04 DS 001 s? ? C CTOR?s INVOICE WORK PE RMED AT DATE YO R WQRK ORDER NO: TR BID NO.. ' . +?rrr i r all r S: 9:9 f Ar' I 'D All Matert ?or Is guaranteed to be as specified, and the abre as performed In accordance with the drawings and specifications provided the above work, and was complete to a subs let workmanlike manner for the agreed sum of Walter$ (S This is a b partial invaioa due and payable by: t?.y,3 0 Monih oft y In accordahce with our meet 0 Proposal No._a unted S Month Day Year MTC$'22 ?. ,naoe w CONTRACTORS INVOICE 05/ 201/2008 16:29 717582212,., MAY-20-2008JUE1 13:14 NICHOLAS EV9•iOi=F CO AS VANOFF co. Rubber A Shingle Roofing Gutters & Down Spouts Custom Sheet Metal CONSERVATION CONC, (FAX)7175644E49 P.O. Box,9222.997 Polffers Lane, Harrisburg, Pennsylvania 17111 Phone: (717) 5644904 Fax: (717) 5644649 May 20, 2008 VIA FACSIMILE: (717) 882-2126 Mark Whitmoyer 375 Sandy Hollow Church Road New Bloomfield, Pa. 17068 Re: Whitmoyer House Dear Mark: This correspondence is being forwarded in reference to our recent conversation and jobsite meeting of today. We propose to provide material, labor and equipment required to perform the following roofing work for the sum of $ 13,600.00. 1. Remove and reflash 8 each skylights per your scope of work. 2. Repair the damaged folded end tabs of the standing seam metal roof caused by sliding ice. 3. Reflash both ends of the highest part of the garage roof (item Number 5 on Attachment a Punch list). 4. Reflash and straighten the chimney (Item Number 9 on Attachment a Punch list), a. Reflash wall flashing at the west end of the sunroom wall (Item 10 on Attachment a Punch list). Add $ 5,700.00 to furnish and install 291 each RT-300 painted snow guard Add $ 4,800.00 to furnish and install 219 each plastic adhesive attached snow guards. PAGE 01/02 P. 001 /002 05/20/2008 16:29 7175822i?o MAY-20-2008 ME) 13:14 NICHOLAS EVANOFF CO Page Two (2) CONZSERVATION CON?_'T PAGE 02/02 (FAX)7175644649 P.002/002 Our insurance coverage's are as follows: General Liability $ 1,000,000 per occurrence $ 2,000,000 aggregate Excess/Umbrella $ 1,000,000 per occurrence $ 2,000,000 aggregrate We do not include the following: 1. Velux material to be purchased and supplied by Owner. 2, Work on existing metal roof other than items stated above. 3. Permits. If you need additional information, please contact us. Sincerely, Nicholas Evanoff Company /?4 Kenneth R Lon 9 Estimator/Project Manager HOME DESIGNS UNLIMITED, LLC, Plaintiff V. MARK A. WHITMOYER and DEBBIE WHITMOYER, his wife, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : DOCKET NO. 09-1519 : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter M. Good, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Answer with New Matter and Counterclaim upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: i Samuel L. Andes, Esquire 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (Attorney for Plaintiff) SMIGEL, ANDERSON & SACKS, L.L.P. Date lzff??f . l 1016 ?j By. Y Peter M. Good Esquire ID #64316 Stuart S. Sacks, Esquire ID #18059 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants OF TF, F, ) NRY I 3 2cp,QIf`y-I F HOME DESIGNS UNLIMITED, LLC, Plaintiff VS. MARK A. WHITMOYER and DEBBIE WHITMOYER, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1519 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND COUNTERCLAIMS AND NOW comes the above-named Plaintiff, by its attorney, Samuel L. Andes, and makes the following Reply to Defendants' New Matter and Counterclaims: 17. No answer required. To the extent that a response is required, Plaintiff incorporates herein, by reference, the averments set out in their original Complaint. 18. Denied. Plaintiff incorporates herein, by reference, the averments in his original complaint. 19. Denied. Plaintiff's claims are not limited in any way by the doctrine of laches. 20. Denied. Plaintiff's claims are not barred in any way by the doctrine of unclean hands. 21. Admitted. By way of further answer, Plaintiff states that the particulars of the agreements between the parties are set out in Plaintiff's Complaint and the attachments thereto. 22. Admitted. By way of further answer, Plaintiff states that the home was designed by Defendants themselves and that Defendants designed and specified all of the energy-conserving features of the house. 23. Admitted. The averments set forth in Parauranh 77 ahnve arP inrmmnrnti-A hi,-Pin by reference. 24. The contract speaks for itself and Plaintiff incorporates herein the averments made in its Complaint and the documents attached thereto. No further answer is required. 25. No answer is required. The statements in Paragraph 24 are incorporated herein by reference. 26. Admitted. 27. Denied. Plaintiff fully performed its obligations under the contract. Although Defendants have complained about various features of the house and Plaintiff has attempted to resolve those complaints by compromise, Plaintiff well and truly performed all of its obligations under the contract, the plans and specifications, and the change orders. 28. Denied. Plaintiff installed the HVAC system designed and specified by Defendants. 29. Denied as stated. The HVAC system installed by Plaintiff fully complied with the design prepared by Defendants and with the contract documents. To the extent that the HVAC system is "inadequate" to meet Defendants' demands or expectations, it is because of the design of the system by Defendants themselves and because Defendants themselves elected not to install all of the component parts of the HVAC system they originally designed. 30. Denied. It may well be that Defendants will incur costs to upgrade the HVAC system they designed. Plaintiff denies, however, that it incorrectly installed the HVAC unit or that it is responsible for any problems with the HVAC system that was installed. The averments set forth in Paragraph 29 are incorporated herein by reference. 31. Denied. Plaintiff fully complied with the contract documents and specifications. It is admitted that a dispute arose regarding a vapor barrier and baffles but Plaintiff denies that it failed to comply with or perform its obligations under the contract documents. 32. Denied as stated. It is admitted that Defendants voluntarily incurred costs to paint a portion of the property. Plaintiff denies, however, that it is responsible for that expense or that it failed to comply with or perform its obligations under the contract documents. 33. Admitted. 34. Denied. Plaintiff has offered to return or have its subcontractors return to install the snow and ice guards or to take other reasonable measures to remedy the problem. Defendants have refused to permit Plaintiff to do that work and have refused to accept a reasonable credit so that they can do the work themselves. 35. Denied. Plaintiff properly installed the skylights in accordance with the contract documents. 36. Denied. Plaintiff did not breach the contract between the parties and is not responsible for any costs resulting from any such alleged breach. 37. Denied. Plaintiff substantially performed its obligations under the contract within the contract time, after giving consideration to the delay in Plaintiff's work caused by changes in the contract specifications, plans and documents made by Defendants. The contract documents and change orders attached to Plaintiff's Complaint are incorporated herein by reference. 38. Denied for the reasons set forth in the Answer to Paragraph 37 above, which is incorporated herein by reference. WHEREFORE, Plaintiff demands judgment against Defendants in accordance with Plaintiff's original Complaint in this matter. COUNTERCLAIM I - BREACH OF CONTRACT 39. The averments set forth in Plaintiff's Complaint and the foregoing paragraphs of this Reply are incorporated herein by reference. 40. Denied. The parties had a valid contract by which Plaintiff agreed to construct a residence for Defendants as specified in the contract documents, including plans and specifications prepared by Defendants, as modified by the change orders executed between the parties. Plaintiff did not agree to construct a home "with the express ideas and input" of Defendants other than as set forth in the contract documents as amended by change orders. 41. Plaintiff denies it breached the contract. Specifically: a. Plaintiff did not fail to install a HVAC system pursuant to the contract specifications. The averments set forth in the foregoing paragraphs of this Reply are incorporated herein by reference. b. Plaintiff did not fail to correctly install insulation and a vapor barrier. The averments set out in the foregoing paragraphs of this Reply are incorporated herein by reference. c. Plaintiff did not breach the contract by not installing the ice and snow guards, but was deprived of the opportunity to complete that work or correct that problem by Defendants. The averments set forth in the foregoing paragraphs of this Reply are incorporated herein by reference. d. Plaintiff did not fail to install the skylights in accordance with the specifications of the contract or the requirements of the manufacturer. The averments set forth in the foregoing paragraphs of this Reply are incorporated herein by reference. e. Plaintiff did not fail to complete and perform all contract work of good quality in conformance with the contract documents. The averments set forth in the foregoing paragraphs of this Reply are incorporated herein by reference. Plaintiff states that its work was of good quality and in full conformity with the contract documents. f. Plaintiff did not breach the contract by failing to complete the work on the project within the time specified in the contract because the delay in the completion of the work was caused by Defendants and their repeated changes of work on the project. 42. Denied. It is admitted that various disputes have arisen between the parties. Plaintiff has offered repeatedly to remedy the problems, frequently by agreeing to do work it was not obligated to do under the original contract, and Defendants have refused those offers. 43. Denied. Plaintiff did not breach the contract. Did not delay completion of the contract, and is not guilty of any "inefficiencies" which caused Defendants any damages. To the contrary, Plaintiff substantially completed all of its obligations under the contract and has still not been paid an excess of $50,000.00 by Defendants. It is Plaintiff who has been injured by Defendants' breach of the contract. The averments set out in Plaintiff's Complaint are incorporated herein by reference. WHEREFORE, Plaintiff prays this court to dismiss Defendants' Counterclaim I and enter judgment in favor of Plaintiff in accordance with their original Complaint. COUNTERCLAIM II - BREACH OF PENNSYLVANIA UNIFORM UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 44. Plaintiff incorporates herein the averments set out in its original Complaint and in the preceding paragraphs of this Reply, by reference. 45. Denied. Plaintiff did not engage in unfair or deceptive acts or practices and did not violate the Pennsylvania's Unfair Trade Practices and Consumer Protection Law. 46. Denied. Plaintiff did not commit any deceptive acts or practices and did not cause Defendants any damages. 47. Denied. Defendants are not entitled to any damages, much less treble damages, on account of any conduct of Plaintiff with regard to this matter. 48. Denied. Defendants are not entitled to any damages from Plaintiff because Plaintiffs are not guilty of any improper, deceptive or unfair acts or practices. WHEREFORE, Plaintiff prays that this court dismiss Defendants' Counterclaim II and enter judgment in favor of Plaintiff in accordance with its original complaint. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 121' Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: b HOME DESIGNS UNLIMITED, LLC. David R. Thompson, M tuber CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendants herein by regular mail, postage prepaid, addressed as follows: Stuart S. Sacks, Esquire SMIGEL, ANDERSON & SACKS, LLP 4431 North Front Street, 3rd Floor Harrisburg, PA 17110-1778 Date: ?D /?• 0`7 Qemu)?71 (*/?Ad Amy arkins Secretary for Samuel L. Andes F ALF s?F _ OF HE F f")7-1?)",;,TARY 2009 , UIN 12 P i": t; 0