HomeMy WebLinkAbout04-3635S&A CUSTOM BUILT HOMES, INC.
Claimant
V3.
CYNTHIA J. BISSONETTE
Owner
and DAVID EMMONS
Terre Tenant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. Ou^ 343S M12 ` k
Mechanics Lien Claim
MECHANICS LIEN CLAIM
S&A Custom Built Homes, Inc. files this Mechanics Lien Claim against Cynthia J.
Bissonette, Owner or Reputed Owner, and against David Emmons, terre tenant, and against the
building hereinafter described and the curtilage appurtenant thereto for the payment of a debt due
S&A Custom Built Homes, Inc. as contractor in the construction of a home on the premises.
The following is a statement of the claim of S&A Custom Built Homes, Inc.:
1. The name of the claimant is S&A Custom Built Homes, Inc., with its principal office
at 1060 Trindle Road, Carlisle, PA 17013 who files this claim as general contractor.
2. The name and address of the Owner or Reputed Owner at the time of furnishing the
labor, goods and materials and the attaching of the lien therefor is:
Cynthia J. Bissonette
89 Stony Lane
Newburg, PA 7240
3. The Claimant contracted with S&A Custom Built Homes, Inc., general contractor,
pursuant to a written contract, a copy of which is attached hereto, incorporated by reference and
marked Exhibit "A", to supply all material and labor necessary for the construction of a
residence identified as a new ranch style home with basement upon the property of the owner
located at 89 Stoney Lane, Newburg, PA 17240.
4. The nature and character of the labor and materials furnished pursuant to the contract
was all labor and materials necessary for the construction of the house as aforesaid as further set
forth in the addendum to the contract. The price charged for the labor and materials is
$22,020.00 which is the usual, just and reasonable charges for said home construction. An
invoice for the amount due is attached hereto, incorporated by reference an marked Exhibit "B".
5. The amount or sum claimed to be due for the labor and materials is $22,020.00, plus
interest on the unpaid balance from the date of completion.
6. Claimant delivered and installed the materials beginning on or about September 16,
2003 and completed work on March 26, 2004.
7. This lien is claimed against the fee simple interest of the Owner or reputed Owner in
the aforesaid premises.
WHEREFORE, Claimant claims to have a lien upon the premises herein described in the
amount of $22,020.00 plus interest from March 26, 2004, plus costs, against Owner or Reputed
Owner and the premises.
By: Susan JIL lCc r `j
,Esquire
Attorney for Claimant
1 Irvine Row
Carlisle, PA 17013
Attorney ID# 65184
717-249-7780
Dated: July 25, 2004
F{`l STpN Lf/NE, ?Ec Fi?VL/i ?_4 11... - -
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WITNESSETH that in consideration of the mutual covenants and agreements herein contained, and intending to be legally
bound hereby, the parties hereto do agree to the following terms and conditions:
1. Definitions. The following terms shall have the assigned meanings for the purposes of this Agreement:
Section 1.1. Contract Documents. The contract documents consist of this Agreement (including the Specific and General
conditions attached to the Agreement), any drawings, and where applicable, the Radon Disclosure Addendum, specifications, plans,
schedules, amendments and change orders relating to the Agreement. These documents constitute the entire contract between the
Contractor and Buyer, and shall not be modified except by written amendment to the affected contract documents executed by both the
Contractor and the Buyer. Any and all oral discussions, understandings, and agreements between the Contractor and the Buyer
before the execution of the Agreement which are not specifically covered by the Contract documents are void and are not enforceable
against either the Contractor or the Buyer.
2. Cntract Work. The Contractor agrees to furnish all material and labor necessary for the construction of a residence
identified as: .-AMCU- 5T?LC:-6- lfOM& / JrF1,1 ?&&n6 Tthe "Contract Work") upon the property
Q 5frLW. L/ " t 4V&"-q 1417Z`/O(the "Property"). The Contract Work shall
of Buyer located at Cf
be performed in accordance with Schedule "A", plans and specifications famished by the Contractor and known and identified
as 5,11tEGt?.r 2she N , duplicate copies of which have been signed by the Con-
tractor and the Buyer hereto and delivered to both parties at the time ofor before execution of this Agreement. The Buyer shall pay to die
Contractor the sum of FrFry Fr Vt: _RVv'&A%Z giNdt tk&r," A-_ V J Ttf.ex t (: tic
(S 5s r $-3 T ) (the "Contract Price") for the Contract Work in accordance with paragraph 5 subject to additions and/or
reductions by change order as provided in paragraph 5.4 of the Agreement.
THE CONTRACT PRICE IS BINDING UPON CONTRACTOR ONLY IF THE CONTRACT WORK IS COM-
MENCED WITHIN SIXTY (60) DAYS AFTER THE DATE OF THIS AGREEMENT. IN THE EVENT THE CONTRACT WORK
IS NOT COMMENCED WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS AGREEMENT, THE CONTRACTOR, AT ITS
SOLE OPTION. MAY TERMINATE THIS AGREEMENT AND NEGOTIATE A NEW CONTRACT WITH THE BUYER.
3. Obligations of Buyer.
3.1. Prior to the commencement of construction, Buyer shall obtain and deliver to the Contractor proof of Fee Simple
Title to the property in the form of (a) an attorney's certificate of title, (b) a Title Insurance Policy, or (c) a commitment to Title
Insurance evidencing Buyer's ownership of the property in form or content satisfactory to Contractor and its attorney.
3.2. As owner of the Property, Buyer acknowledges responsibility for and assumes all risk of encountering subsurface
conditions of the land which may arise before commencement, during, or after completion, of construction by Contractor. Buyer shall
furnish to Contractor all existing surveys and reports describing the physical characteristics, soils, subsurface conditions, restrictive
covenants, building restrictions, legal limitations, utility locations, and a legal description of the Property. Buyer shall review the
Schedule "A", plans and specifications submitted by Contractor and shall give prompt written notice to the Contractor of any fault or
defect in the said plans and specifications.
321 Buyer acknowledges the right to retain engineering services, at Buyer's expense, to investigate the Property for
suitability for construction. Whether or not such services are engaged, Buyer shall be responsible for any and all costs arising from
conditions of the land, including but not limited to: additional excavation and blasting, additional reinforced foundation work and
suitable fill material. Buyer shall hold Contractor harmless of aforementioned costs.
3.3. Buyer shall have furnished to the Contractor reasonable evidence satisfactory to the Contractor, prior to starting work
under this Agreement, that sufficient funds are available and committed to pay the Contract Price.
X Buyer's Initials
(Revised: 1012002) 2 90a Seller's Initials
3.4. It shall be the responsibility of the Buyer to meet with Contractor to agree on the placement of the Contract Work on
the Property including locating the lot comers, elevations and other data necessary for this purpose. If the Buyer fails to provide the
Contractor with directions to locate the Contract Work on the Property priorto the time that the Contractor commences the Contract
Work, the Contractor may place the Contract Work on the Property but shall be released, indemnified and held harmless by the Buyer
for any liability under the Agreement or otherwise for any claim, demand or cause of action whatsoever arising out of the location of the
Contract Work on the Property.
3.5. The Buyer shall be responsible for determining the applicability of building restrictions, restrictive covenants,
zoning and land use ordinances and regulations to the Contract Work and whether the Contract Work as governed by the plans,
specifications and drawings conforms with applicable building restrictions, restrictive covenants, zoning and land use ordinances and
regulations prior to commencement of the Contract Work. The Buyer shall specifically describe to the Contractor in writing any part
of the Contract Work which does not conform with these restrictions and limitations.
3.6. The Buyer shall be responsible to clearly establish and mark every Property corer and boundary line prior to the
commencement of the Contract Work.
3.7. The Buyer shall be responsible for assuring that all public utilities and/or municipal services required during comple-
tion of the Contract Work as well as for use of the Property for residential purposes have been extended to the Property right-of-way line.
3.8. The Buyer shall be responsible for assuring that all public utilities and/or municipal services required during
completion of the Contract Work as well as for use of the Property for residential purposes have been extended to the Property right-
of-way line. Where appropriate and initialed here by the parties, septic and/or well release/ disclosures are attached and indorpomted.
Contractor Buyerlsl
If the Property will be served by either a private well or an on-lot sewage disposal system, the Contractor shall have
no liability to the Buyer and the Buyer specifically indemnifies, releases and holds harmless the Contractor from and against any claim,
demand or cause of action whatsoever arising out of the acceptability or suitability of the private well and/or on-lot sewage disposal
system including but not limited to, the suitability of the water supply for human consumption, or the adequacy of the water supply as well
as the soil suitability, soil absorption, maintenance and operation of the on-lot sewage disposal system.
4. Obligations of the Contractor.
4.1. The Contractor will provide all construction supervision, inspection, labor, materials, tools, equipment, and subcon-
tracted items necessary for the execution and completion of the Contract Work.
4.2. The Contractor will pay all sales, use, gross receipts and similar taxes related to the Contract Work to be provided
by the Contractor, which taxes have been legally enacted at the time of execution of this Agreement.
43. The Contractor warrants to the Buyer that all [materials and equipment incorporated into the Contract Work will
be new unless otherwise specified, and that all Contract Work will be of good quality, in conformance with the contract documents.
4.4. The Contractor shall at all times keep the premises reasonably free from the accumulation of waste materials or
rubbish caused by the operations of the Contractor. At the completion of the Contract Work, the Contractor shall remove all tools,
construction equipment, machinery and surplus materials, and shall leave the work area "broom" clean or its equivalent.
4.5. The Buyer hereby authorizes, directs and appoints the Contractor to act as the Buyer's agent and attomey-in-fact
in the Buyer's name and at the Buyer's expense to procure all applicable permits and approvals. The Buyer agrees to reimburse the
builder for actual fees and other costs charged by the issuer of any applicable permit or approval to the extent such fees or costs are
advanced by the Contractor within ten (10) days of the Buyer's receipt of the Contractor's invoice for such fees and/or costs. The
Buyer shall cooperate with the Contractor to the extent necessary to acquire all necessary permits and approvals including but not limited
to, executing all required forms and applications, expeditiously providing the Contractor with all information required to complete the
forms and applications. Within five (5) days after the date of execution of the Agreement, the Buyer shall provt ontractor with a
list of all permits, impact fees, and approvals applicable to the Contract Work as required by the loan comRa p at authority. The
Buyer's Initials
(Revised: 1012002) 3 B00__Seller's Initials
Buyer releases, indemnifies and holds harmless the Contractorwith respect to any claim, demand or liability whatsoever arising out ofthe
Contractor's failure to obtain any permit or approval not specifically listed by the Buyer.
5. Payment of Con tract Price, Deposit, Progress Payments.
5.1. As compens Ion for he c e t to Contract Price, the Buyer agrees to pay the Contractor, in current
funds. the Contract Price of '(' F tvt< ,an' Vie
(s (subject to the provisions of paragraph 2 of
this Contract and in this paragraph 5).
5.2. The Contract Price shall be paid by the Buyer to the Contractor according toShe following Draw Schedule upon
written applications for payment submitted by the Contractor to the Buyer: A deposit of to 1" Dollars
(s 1; t(00 ) to be applied to total cash due and payable at Settlement t
go" q?n7
-30 % of the Contract Price upon the completion of the foundation;
7C) % of the Contract Price when the roof is completed, when framing and sheathing are completed and when all windows are
set in place;
V, of tha Contract Price whon the installation of olectrioal and plumbing cyntonts, in rough form, arc complotad;
k of tho Contract Prico when the interior drywall is candod and ready for painting;
;50% of the Contract Price upon substantial completion the building as defined in the A ?reement or at the time of occupancy
of the Contract Work by the Buyer. ( 04Sff F/NF?,C/ NGj?
This Draw Schedule may be modified in writing by the Buyer and the Contractor to conform to the Schedule of Advances required by
the Buyer's construction mortgage lender.
5.3. The Contract Price includes estimates all wances for certain items of work as more specifically set forth on
Schedule "A" attached hereto and made a part here ER UNDERSTANDS AND AGREES THAT THE CONTRACT
PRICE IS SUBJECT TO DECREASE OR INCR A $AS UPON THE ACTUAL COST OF SUCH WORK PLUS A 10% FEE
FOR OVERHEAD AND THAT NO SUCH CHANGE SHALL INVALIDATE THIS AGREEMENT.
The Contract Price shall be subject to change if the Buyer's lot conditions require additional foundation work in excess
of the plans and specifications, including Engineering, design, and inspection costs of same,
5.4. A Change Order or Amendment to the Schedule 'A' is a written order to the Contractor signed by the Buyer or
their authorized agent and issued after the execution ofthis Agreement, authorizing a change in the Contract Work, Contract Price or
Contract Time.
An Amendment to the Schedule'A' is utilized up until the time your home is started. A Change Order is used after
the house is started.
5.5. The Buyer, without invalidating the Agreement, may order changes in the Contract Work consisting of additions,
deletions or modifications, The Contract Price and the Contract Time shall. where appropriate, be adjusted accordingly. All such
changes in the Contract Work shall be authorized by written Change Order or Amendment to the Schedule 'A'signed by the Buyer and
the Contractor's Representative. No Change Order work shall be commenced until a Change Order signed by the Buyer is received by
the Contractor. Buyer shall make payment in advance for all Change Order work.
5.6. The Contract Price, Contract Work and the Contract Time may be changed only by Change Order or Amend-
ment to the Schedule 'A' or as otherwise specified in this Agreement.
5.7. The cost or credit to the Buyer from a change in the Contract Work shall be determined by mutual agreement.
5.8. Final payment constituting the unpaid balance of the Contract Price as adjusted by Change Order shall be due and
payable when the Contract Work is delivered to the Buyer, upon substantial completion, or when the Buyer occupies the home,
whichever event first occurs. If there should remain minor items to be completed, the Contractor and the Buyer shall jointly list such
items after a joint "walk-through" inspection of the Contract Work (hereinafter referred to as "Punch List'). Completion of such
items by the Contractor shall not extend Substantial Completion of the Contract Work nor delay payment of the b• e?of the Contract
Price. The Buver shall not occupy the Contract Work until the Contract Price has been paid in full. a0
Buyer's Initials
(Revised: 1012002) 4 Boo Seller's Initials
5.9. The making of final payment shall constitute a waiver of all claims by the Buyer except those arising from (1) unsettled
liens. (2) faulty or defective Contract Work appearing wi thin one (1) year after substantial completion, (3) failure of the Contract Work to
comply with the requirements of the contract documents, or (4) completion of the Punch List. Acceptance of final payment shall constitute
a waiver of all claims by the Contractor except those previously made in writing and still unsettled.
Occupancy of the home by the Buyer shall constitute acceptance of same by the Buyer, and the Contractor, except as
provided above, shall thereafter be under no obligation whatsoever to the Buyer relative to the construction of said home.
6. Time of Performance; Substantial Completion.
6.1. The Work to be performed under the Agreement shall be commenced on or about
fifteen (15) days after the date the Buyer has fulfilled all obligations required by Paragraph 3 of the
Agreement, and except as otherwise provided orpermitted by the Agreement shall be substantially completed not later than 9O days
after commencement of excavation for the foundation; the Date of Substantial Completion.
6.2. The date of Substantial Completion of the Contract Work is the date when constntction is sufficiently completed in
accordance with the Plans and Specifications so the Buyer can occupy the Contract Work. Warranties called for by the Agreement
shall commence the Date of Substantial Completion.
6.3. If the Contractor is delayed at any time in the progress of the Contract Work by any act, failure or neglect of the
Buyer or by changes ordered in the Contract Work or by labor disputes, fire, unusual delay in transportation, adverse weather
conditions not reasonably anticipated, unavoidable casualties, by any action or inaction of a subcontractor or any contractor retained
directly by Buyer, or any other cause beyond the Contractor's control, or a delay authorized by the Buyer, then the Date for Substantial
Completion shall be extended for the period of such delay.
6.4. Issuance of occupancy permits by the appropriate governmental agency shall be deemed by Buyer and Contractor as
conclusive proof of compliance with all codes and ordinances then in effect in the location of the Property. Buyer's acceptance of the
said occupancy permit shall constitute a complete waiver and release of any claim based upon alleged failure to comply with any such
codes and ordinances.
7. Insurance.
7.1. Indemnity. The Contractor agrees to indemnify and hold harmless the Buyer from all claims for bodily injury and
property damage (other than the Work itself and other property insured under Paragraph 7.2) that may arise from the Contractor's
operations under this Agreement subject to the limitations of §8 below.
7.2. Contractor's Liability Insurance. The Contractor shall purchase and maintain such insurance as will protect it
from claims under Workmen's Compensation acts and other employee benefit acts, from claims for damages because of bodily injury,
including death, and from claims for damages to property which may arise out of or result from performance of the Contract Work.
This insurance shall be written for not less than any limits of liability required by law and shall include contractual liability insurance
as applicable to the Contractor's obligations under this Agreement.
7.3. Buyer's Liability Insurance. The Buyer shall be responsible for purchasing and maintaining liability insurance and,
may maintain such insurance as will protect against claims which may arise from performance of the Agreement and circumstances
arising from §8 below.
7.4. Buyer's Property Insurance. The Buyer shall purchase and maintain property insurance upon the entire Contract
Work to the full insurable value thereof. This insurance shall include the interests of the Buyer, the Contractor, the Subcontractors
and Sub-subcontractors in the Contract Work and shall insure against the perils of fire, extended coverage, vandalism and malicious
mischief: Any insured loss is to be adjusted with the Buyer and made payable to the Buyer as trustee for the insureds as their interests
may appear, subject to the requirements of any mortgagee clause. The Buyer shall provide a copy of all policies to the Contractor prior
to the commencement of the Contract Work. The Buyer and Contractor waive all rights against each other for damages caused by
fire or other perils to the extent covered by insurance provided under this paragraph.
(Revised: 1012002)
L /71
Buyer's Initials
a iJ? Seller's Initials
8. Buyer's Access to Property During Construction.
8.1. Miscellaneous Provisions. Completion of the Contract Work within the Contract Time is expressly conditioned upon
the Contractor being provided with free and uninterrupted access to the Property as well as the free and uninterrupted opportunity to
perform the Contract Work. The Buyer specifically covenants and agrees to not interfere with or obstruct the Contractor's performance
of the Contract Work under the Agreement.
The Buyer shall have the right to periodic and reasonable inspections of the Contract Work but shall direct all questions and
communications concerning the Contract Work to the Contractor's project manager ?97- Ceai t tS"le- and shall at
no dine communicate with or interfere with the Contractor's employees and subcontractors while on the premi s or otherw?iise. /l
/ 02/G/fr? •-?yf
8.2. If Buyer is to personally perform or independently subcontract work on the residence ur der construction, at such
work shall be expressly approved,. in writing, by Contractor and scheduled with Contractor's project manager, with the schedule
confirmed in writing.
In the event that the Buyer does personally perform or independently subcontract work on the residence under construc-
tion, Buyer agrees to indemnify, hold harmless and defend Contractor from any and all claims whatsoever arising because of or related
to the performance of such work.
8.3. In order to obtain Contractor's approval to personally perform or subcontract work under 8.2, Buyer, Buyer's
agents, subcontractors or invitees shall obtain and famish proof of valid liability insurance specifically naming Contractor as an
additional insured and providing for coverage indemnity and defense of Contractor in the event Buyer, Buyer's agents, subcontractors
or invitees are injured or suffer property damage while on the Property.
9. Limited Warranty. Within thirty (30) days after the Date of Substantial Completion, the Contractor and the Buyer
shall complete t lication for Builders Limited Warranty Insurance to Professional Warranty Service Corporation in the form
attached to this Agreeme ade a part hereof and marked Attachment 1. All costs, fees, premiums, taxes, and other amounts payable
with respect to the application a issuance of the "Builders Limited Warranty Insurance" shall be paid by the Contractor. By
executing the Application the Buyer wt nowleclu tot the Buyer has reviewed and understands all of the terms, conditions, and
limitations applicable to the "BUILDER'S LI 6W7 RANTY" as described in Document PWC #107 attached to this Contract
and made a par hereof, and marked Attachment 11, an ny disp with Professional Warranty Service Corporation relating to the
BUILDER'S LIMITED WARRANTY will be submitted to bin ' a ' tion.
The Buyer further acknowledges that the Contractor has made \ ntation to the Buyer concerning the terms,
conditions, and limitations of the BUILDER'S LIMITED WARRANTY other than a cribed in Attachment 11.
The Contractor makes no warranties, express or implied, other than as set forth in [ ILDER'S LIMITED WAR-
RANTY described in Attachment 11. Specifically, the Buyer hereby acknowledges and agrees that the warran of habitability and/or
fitness for intended use, which might otherwise be implied by law, are agreed to be specifically excluded from this ment. Other
than as described in the BUILDER'S LIMITED WARRANTY, there are no other warranties or representations, written o lied,
concerning the contract work or any other subject matter of this Agreement.
The Buyer's remedies resulting from faulty or defective work or failure of the contract work to comply with the require-
ments of the contract documents shall exclusively be and limited to those remedies described in the BUILDER'S LIMITED WAR-
RANTY attached as Attachment II.
10. Homeowner Guide. The Buyer acknowledges that the Buyer has reviewed the S&A Homes Homeowner Guide and
understands that it contains important information about the maintenance. care, safety and health of the home.
11. Default by Buyer.
If the Buyer shall default hereunder prior to the beginning of Contract Work, Contractor shall retain the Deposit money paid
by Buyer as liquidated damages: and this Contract shall thereupon terminate.
Buyer will be in Default and will forfeit Buyer's rights under this Agreement if Buyer fails to
• obtain timely Mortgage financing
• cooperate with Contractor in making timely selection of products to be incorporate 0ntract Work
4B Initials
(Rc vised: 1011002) 6 ZU Seller's Initials
• make timely payments under this Agreement
If the Buyer fails to make a Progress Payment to Contractor as herein provided through no fault of the Contractor,
the Contractor may, upon seven (7) days' written notice to the Buyer, terminate the Contract and recover from the
Buyer payment for all Contract Work completed and for any proven loss sustained upon any materials, equipment,
tools, and construction equipment and machinery, including reasonable profit and damages and reasonable attor-
neys' fees and costs.
• settle as scheduled
• disclose all requested credit information; or
• otherwise comply with this Agreement.
If the Buyer Defaults, Contractor at its option, may do the following:
end this Agreement and retain Buyer's Deposit and Progress Payments as Liquidated Damages
seek specific performance of this Agreement, or
exercise any other right or available remedy under applicable law
/ 12. Transfer Tax on Improvements.
In the event the Pennsylvania Department of Revenue (herein the "Department") imposes transfer tax on the value of
improvements constructed on the Property pursuant to this Construction Agreement, the tax so assessed shall be paid equally by
Contractor and Owner within the time required by the Departnent. In the event the Department assesses any interest and penalties on
the foregoing transfer tax assessment, Contractor shall hold Owner harmless from any such interest and penalties with regard to any
assessment by the Department pursuant to 72 P.S. §8101(c). Owner agrees to cooperate with Contractor in defense of such a tax
assessment should Contractor elect to contest the assessment.
13. General Provisions.
13.1. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind several
and respective heirs, executors, administrators, successors and assigns of said parties; and if there be more than one Buyer, they shall all
be bound jointly and severally by the terms, covenants and agreements herein, and the word "Buyer" or "Buyers" shall be deemed and
taken to mean each and every person or party mentioned as an owner herein, be the same one or more; and if there be more than one
Contractor, they shall be bound jointly and severally by the terms, covenants and agreements herein, and the word "Contractor"
or"Contractors" shall be deemed and taken to mean each and every person or parry mentioned as a contractor herein be the same one or
more.
13.2. Neither the Buyer nor the Contractor shall assign his interest in this Agreement without the written consent of the
other except as to the assignment of proceeds.
13.3. This Agreement shall be governed by the law in effect at the location of the Property.
13.4. The parties hereto hereby warrant that they have read and are fully familiar with the terms and conditions of this
agreement and agree to be legally bound hereby. The parties further acknowledge that this is a negotiated agreement and that they have
each had the opportunity to consult with legal counsel regarding the aforesaid terms and conditions.
CONTRACTOR:
S&A CUSTOM BUILT HOMES, INC.
By:
Authorized Signature 4-e?s, /AV 44/O3
Approved by Division Manager
Buyer Buyer xC? ?`I(Y/((,
B1.1yer's Initials
(Revised. 1012002) 7 Seller's Initials
RADON DISCLOSUREADDENDUM
R ESH) ENTIAL CONSTRUCTION CONRACT
THIS ADDENDUM TO AGREEMENT made the L day of 20 03 , by and between
S &A CUSTOM BUILT HOMES, INC. (hereinafter referred to as "Contractor") and Dgt/r EmM/t S / C/^Qy fS/SfrME?af
(J S S77Jrv,/ (A",5- / AArC-?+3v12r7 12 /1 /7Z VD (hereinafter referred to as "Buyer').
Contract.
WHEREAS, the Contractor and Buyer have contemporaneously herewith entered into a Residential Construction
NOTICE TO BUYERS REGARDING RADON GAS
1. Radon gas is an odorless, colorless gas that is produced naturally by the normal decay of uranium and radium.
Uranium and radium are widely distributed in trace amounts in the earth's crust.
"radon progeny."
Uranium decays into radium, which, in turn, decays into radon gas. Radon gas breaks down into "radon daughters" or
2. Various studies indicate that extended exposure to high levels of radon gas or radon daughters can result in an
increased risk of lung cancer.
3. Radon gas originates in rock and soil formation, and can be found everywhere in the atmosphere. However, radon
is not found in high concentrations outside of buildings because it quickly disperses. Besides being found in the atmosphere, radon can
also move into enclosed air spaces, such as basements, crawl spaces, and caves, and can reach high concentrations in such enclosed
areas. When radon reaches high concentrations in indoor structures, severe adverse health consequences may result.
4. If a house has a radon problem, the problem can usually be remedied by either (a) increasing ventilation and/or (b)
preventing the radon gas from entering the house.
5. The Environmental Protection Agency ("EPA") has established guidelines on levels of radon in a home that are
considered safe. Levels in a residence are measured in terms of picocuries per liter of air (pCi/1) and the EPA has set its standard at
4pCi/l. Above this level, the EPA recommends corrective action.
6. Further information on radon gas can be secured from the Radon Project Office, 1100 Grosser Road, Gilbertsville,
PA 19525, telephone 1-800-23RADON.
REPRESENTATIONS AND AGREEMENTS ON CONTRACTOR AND BUYER
1. The Contractor makes no representations concerning the presence or absence of radon on or under the Buyer's land.
2. The Contractor's responsibilities under the Residential Construction Contract do not include any responsibility for
defects or problems, structural or otherwise, which may result in the accumulation of unacceptable levels of radon gas on Buyer's
property or the residence to be constructed pursuant to the Residential Construction Contract. Any and all warranties, expressed or
implied, which purport to impose such a responsibility or liability upon the Contractor are hereby specifically disclaimed and excluded.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto set their hands and seals
as of the first day and year written above.
CONTRACTOR:
S & A CU. TOM BUILJ/' HOMES, INC.
/n
BUYERS:
?r--?J P'?( J
Buyer's [nitials
(Revised: 1011002) 8 Seller's Initials
n
r
S &A HOMES, INC'.
SCHEDULE A
CONTRACT PRICE SHEET
CUSTOMER NAME: David Emmons & Cindy Bissonette DATE: 08/04/03
PHONE: (H) 423-6791 (W) 372-4775 Cindy's cell DIVISION: Carlisle
EMPLOYER: TITLE: JOB NAME: Emmons
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PLAN NAME: Special Ranch ID #: 434 TYPE OF HOME: Ranch
ELEVATION: SWING CODE: LH SQ. FT. OF HOME: 1,482 s.f.
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1. TOTAL BASE HOUSE CONTRACT PRICE $51,300.00
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It. ALLOWANCES:
LOT PRICE .......................................................................................................................... By Owner
EARTHMOVING:
Excavation $ By Owner
Clearing and tree removal $
Fill and hauling $
Stone for driveway/basements/garages and foundation drain $
Dig foundation and footing $
Trenching and material for utilities $
Backfill/rough grade $
Blasting/rock removal $
Other $
TOTAL EARTHMOVING ...................................................................... ............................... By Owner
UTILITY AND OTHER ALLOWANCES
Hook up of existing Well By Owner
Hook up of existing septic By Owner
Permits and fees By Owner
Non recurring closing costs $
Construction fee $
Other allowances $
Seeding and Landscaping By Owner
TOTAL UTILITY AND OTHER ALLOWANCES ............................................... ................. ..................... By Owner
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S&A Homes, Inc.
Schedule A Page 1
S &A HOMES, INC'.
SCHEDULE A
CONTRACT PRICE SHEET
CUSTOMER NAME: David Emmons & Cindy Bissonette
III CUSTOMER SPECIFIC OPTIONS
OPTION # CUSTOMER SPECIFIC OPTIONS
Construction Details
8" x 8' poured concrete foundation walls--full basement
14'x 8' concrete front porch with reverse gable roof and vinyl
posts and railing
Simonton single hung/single tilt vinyl windows with low-e-argon
6/0 x 6/8 swing-door in Dining Room
2" x 4" exterior walls with 1/2" insulated sheathing
7/16" OSB sheathing in place of 1/2" insulated
30 year Elk Dimensional shingles
Pre-engineered Woist flooring system
Upgrade vinyl siding to Alcoa Lake Forest
Optional stone veneer at porch area in place of siding
Concrete flatwork for porch; basement & side stoop
1 3 egress window well units with 4040 slider windows
3 standard 2813 foundation windows
All interior framing as per plan
Remaining Phases of Construction
All Mechanicals
All insulation & drywall
All trimwork & painting (interior & exterior)
All cabinets, vanities & tops
All plumbing and lighting fixtures
All flooring & underlayment
All other remaining finish work
TOTAL CUSTOMER SPECIFIC OPTIONS
DATE: 08/04/03
OPT. PRICE
Included
Included
Included
Included
Included
250,00
Included
Included
925.00
840.00
Included
2,520.00
Included
Included
By Owner
By Owner
By Owner
By Owner
By Owner
By Owner
By Owner
$4,535.00
S&A Homes, Inc.
Schedule A Page 2
S & A HOMES, INC.
SCHEDULE A
CONTRACT PRICE SHEET
CUSTOMER NAME: David Emmons & Cindy Bissonette DATE: 08/04/03
IV. CREDIT ALLOWANCES:
CREDIT # CREDIT DESCRIPTION CREDIT PRICE
Work/items
Subtotal
Option credits
Subtotal
TOTAL CREDIT ALLOWANCES: ............................................................................................
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TOTAL SALES PRICE (Total of Sections I. ll. II. And IV.)
Initial Deposit Amount ' t ('00
OWNER: J\ ,?0(Jr?Y/r?/?'
OWNER:
Date Deposit Received: 'S'- L -0 3
S & HOMES REPRESENTATIV9
SOLD BY
S&A Homes, Inc.
Schedule A Page 3
$0.00
$55,835.00
S & A Custom Built Homes
Division- Carlisle
Homeowner's Name
Address
Home Phone
Date Completed
Date Settled
David Emmons & Cindy Bissonette
89 Stony Lane, Newburg PA 17240
423-6791
Date of Homeowner Occupancy
House Financed By Cash
Base House Contract Price
Lot Price
Allowances:
Earthmoving:
Excavating, Backfilling, Rough Grade Est.
Stone in Basement
Driveway Stone
Dynamite Blasting
Clean and Grub
Final Grade Estimate
Total Earthmoving
Well & Pump
Septic System Est.
Construction Fees
Permits and Fees
Non Recurring Closing Costs
Other Allowances
Seeding of lawn
Settlement Price Sheet
Trueline # 309138
Job Number 0930036
Work Phone
Manager Name
Foreman Name
Salesman Name
Contract Over/Under Actual
Allowance Variance Cost
3724775 cell
Wes Thompson
Rich Jones
Brian Noll
51,300.00
By Owner
By Owner
Total Allowances By Owner
House Options:
Option # House Option Description Option Sales Amount
As Per Contract (Schedule A) $4,535.00
Siding to grade $350.00
Optioq # House Option Description
Total House Options
Credit Allowances:
Credit # Credit Description
Credit Stone Veneer upgrade
Credit Siding upgrade (lake forest)
Credit all gutters and downspouts
Credit siding to grade
Credit all siding, soffit & fascia
Total Credit Total
Total Actual Sales Price
Total Received to Date
Balance Due
Amount Received at Settlement
Balance after Settlement
Amount Escrowed
Amount Refunded
Owner
Owner
Option S2tles Amount
$4,885.00
Credit Amount
(840.00)
(925.00)
(375.00)
(350.00)
(3,075.00)
($5.565.00)
$50,620.00
$28,600.00
$22,020.00
S&A
Homes Representative
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AFFIDAVIT OF SERVICE
I, Susan J. Hartman, Esquire, being duly sworn according to law, do swear that I
delivered unto Cynthia Bissonette and David Emmons a formal notice of intention to file a
mechanics' lien claim by sending a copy addressed to Cynthia Bissonnet and David Emmons, 89
Stony Lane, Newburg, PA 17240 postage prepaid, certified mail, return receipt requested on June
29, 2004.
iusan J. H Esquire
Sworn to and subscribed before me
this jjQ_ day of July, 2004.
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(SEAL)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03635 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
S & A CUSTOM BUILT HOMES INC
VS
BISSONETTE CYNTHIA J ET AL _
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
EMMONS DAVID
the
ADDTL DEFT. , at 1602:00 HOURS, on the 2nd day of August 2004
at I 81 SOUTHBOUND REST AREA
NEWVILLE, PA 17241 by handing to
DAVID EMMONS
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 6.66
Affidavit .00
Surcharge 10.00
.00
22.66
Sworn and Subscribed to before
me this y day of
uQ1 ?QDY? A.D.
14 rotho ota? ry
So Answers:
ivy
R. Thomas Kline
08/03/2004
DUNCAN HART DOUGLAS
By:
i
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03635 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
S & A CUSTOM BUILT HOMES INC
VS
BISSONETTE CYNTHIA J ET AL
SGT. DAVID ZEIGLER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within MECHANICS LIEN CLAIM was served upon
BISSONETTE CYNTHIA J
the
OWNER , at 1327:00 HOURS, on the 2nd day of August 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
CYNTHIA BISSONETTE
a true and attested copy of MECHANICS LIEN CLAIM together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 13.32
Affidavit .00
Surcharge 10.00
.00
41.32
Sworn and Subscribed to before
me this day of
.zovy A..DD..G,
/?
rothonotary
So Answers:
R. Thomas Kline
08/03/2004
DUNCAN HARTMAN DOUGLAS
1 ??
By:
Dep ty f'
S&A CUSTOM BUILT HOMES, INC
Plaintiff
VS.
CYNTHIA J. BISSONETTE
Defendant
To The Prothonotary
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
3b 3S,
:NO. 04-03645 MLD
PRAECIPE
Please mark the above-captioned matter paid in full, settled and discontinued.
Thank you.
DUNCAN & HARTMAN, P.C.
L t
uire
Susan J. HartI
1 Irvine Row, CVVs PA 17013
717.249.7780
Dated: 10107 10 1
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