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HomeMy WebLinkAbout11-3975Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DUANE DONISON 2 Marcella Way Carlisle, PA 17015, v. Plaintiff PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 355 ?,v.l NO . • r :o CIVIL ACTION - LAV' x. o-n C-_'? M CA r PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: JURY TRIAL DEMANDED Kindly issue a Writ of Summons in the above-captioned action upon the Defendants as follows advising them that the Plaintiff has commenced an action against them and that they will be required to defend: PENNSYLVANIA BUILDERS & MADISON & SONS CONSTRUCTION, LLC DEVELOPERS, LLC 3145 Spring Road 337 Lincoln Street Carlisle, PA 17013 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER Date: April 18, 2011 By: Mark C. D 149 :4356$4 $q? . o v ,? d- any ?? 3ba 3? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Duane Doniion 2 Marcella Way Carlisle, PA 17015 Plaintiff Vs. No. 11-3975 Pennsylvania Builders & Developers, LLC 337 Lincoln Street Carlisle, PA 17013 And Madison & Sons Construction, LLc 3145 Spring Road Carlisle, PA 17013 In CivilAction-Law Defendants To , Pennsylvania Builders & Developers, LLC and Madison & Sons Construction, LLC, You are hereby notified that the Plaintiff, Duane Donsion, has commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) avi4 uell, Pr honotary Date April 29, 2011 By Deputy Attorney: Mark C. Duffle, Esq. Address: Johnson, Duffie, Stewart & Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No. 75906 F€ ! k.`? C JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie, Esquire I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.c;om P12 FEB -3 PM 2. 0 Attorneys for Plaintiff 'MMBEIRL N0 t;; UNI PENNSYLuANIA DUANE DONISON, Plaintiff V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC and MADISON & SONS CONSTRUCTION, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO., 11-3975 Civil Term CIVIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint that was originally filed in the above-captioned matter on December 12, 2011. A copy of the Complaint is attached hereto. Respectfully submitted, Date: February 3, 2012 480081 JOHNSON, DUFEIE, STUtVA r & WEIDNER By: Mark C. Duffie, flsqulre Attorney I.D. No. 06 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff At7l c?= 375 9 ,??# ?7 0 630 DUANE DONISON IN THE COURT OF COMMON PLEAS OF 2 Marcella Way OF CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff NO. 11-3975 X'• CIVIL ACTION PENNSYLVANIA BUILDERS & DEVELOPERS, LLC n '--" r 337 Lincoln Street Carlisle, PA 17013 ar m rn-=' t- = 70 and A MADISON & SONS xc:) C--' CONSTRUCTION, LLC - '' 3145 Spring Road =- Carlisle, PA 17013, Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Pennsylvania Builders & Developers, LLC and Madison & Sons Construction, LLC, Defendants. Papers may be served at the address set below. B Aette. Madison Supreme Court I.D. No. 76309 Attorney for Defendants 3147 Spring Road Carlisle, PA 17013 717-243-8799 Dated: March 9, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DUANE DONISON 2 Marcella Way Carlisle, PA 17015 Plaintiff v. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013 and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants : NO. 11-3975 CIVIL ACTION ANSWER FILED ON BEHALF OF DEFENDANTS COUNSEL OF RECORD Babette L. Madison Supreme Court I.D. No. 76309 3147 Spring Road Carlisle, PA 17013 Telephone: 717-243-8799 DUANE DONISON 2 Marcella Way Carlisle, PA 17015, Plaintiff V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013 and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants : IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3975 CIVIL ACTION ANSWER Defendants, PENNSYLVANIA BUILDERS & DEVELOPERS, LLC ("PA Builders") and MADISON & SONS CONSTRUCTION, LLC ("Madison & Sons"), by and through their attorney, submit the following as its Answer and Affirmative Defenses to Plaintiff's Complaint in the above-captioned matter. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendants admit in part and deny in part the allegations as stated of paragraph 6. By way of further response, while PA Builders entered into the Standard Agreement for the Sale of New Construction, attached hereto and incorporated herein as Exhibit A, PA Builders did not perform the actual construction of the residence. 7. Defendants deny the allegation as stated of paragraph 7. By way of further response, Plaintiff did not allow Madison & Sons to fix items on the one-year punch list, attached hereto and incorporated herein as Exhibit C, and Plaintiff failed to mediate any disputes as required by the Standard Agreement for the Sale of New Construction. 8. Defendants deny the allegation as stated of paragraph 8. 9. Defendants deny the allegations as stated of paragraph 9. By way of further response, the allegations of Paragraph 9 are incomplete, and Defendants therefore deny the same. 10. Defendants deny the allegations as stated of paragraph 10.a. (inclusive of items i- vii), l O.b., 10.c., 10.d., 10.e. and 10.E. Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 10.g. and, therefore, deny the same. Defendants deny the allegations as stated of paragraph l O.h. and 10. i. 11. Defendants deny the allegations as stated of paragraph 11. By way of further response, Defendants have repeatedly tried to fix items on the one-year punch list. 12. Defendants deny the allegation as stated of paragraph 12. Any and all allegations which have not been specifically admitted as indicated above are generally denied herein. Nup/ 'LlAr7zx FIRST DEFENSE The Complaint, in whole or in part, fails to state a claim upon which relief can be granted. SECOND DEFENSE The Complaint must be rejected as Plaintiff agreed in the Standard Agreement for the Saie of New Construction to try to resolve any dispute or claim by mediation. THIRD DEFENSE Plaintiff s own conduct caused or otherwise contributed to the actions of which it now complains. Plaintiff assumed the risk of its own conduct in this matter. FOURTH DEFENSE Plaintiff's claims are barred, as Plaintiff's own conduct rendered Defendants' performance impossible. FIFTH DEFENSE Plaintiff's claims are barred, in whole or in part, by equitable doctrines, including but not limited to, the doctrines of waiver and estoppel. SIXTH DEFENSE Plaintiff s claims are barred as Plaintiff accepted the express limited warranties in the Standard Agreement for the Sale of New Construction and Construction Agreement, attached hereto and incorporated herein as Exhibit B. WHEREFORE, having fully answered the Complaint, Defendants demand that the Complaint be dismissed, with prejudice. Respectfull submi ed, By: Babette L. Madison Supreme Court I.D. No. 76309 Attorney for Defendants 3147 Spring Road Dated: March 9, 2012 Carlisle, PA 17013 (717) 243-8799 DUANE DONISON 2 Marcella Way Carlisle. PA 17015, Plaintiff V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013 and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3975 CIVIL ACTION VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, that he is an authorized agent of Pennsylvania Builders & Developers, LLC and Madison & Sons Construction LLC, Defendants herein, and that lie is duly authorized to make this Verification, and that the answers set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. f Dated: March 9, 2 Dirk J. ij(on & Sons Construction, LLC Vice Pre ffient, Pennsylvania Builders & Developers, LLC CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing Answer to the Complaint was served via first class mail on the following: Mark C. Duffie, Esq. Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. BOX 109 Lemoyne, PA 17043-0109 Dated: March 9, 2012 Babette L. Madison, Esq. 11/12/2007 17:21 FAX 717 245 2255 RE/MAX STERLING ASSOC. SK4NMWA0"RWWZ"W-WW8,4LE -OF NEW CONSMUMON TgieYOnnaecolr?atdedsm epproved?hy,beeltuarneca tod to me tier, to mcmba..f%6e rmneytre,;. A..t;..6CUAf.TMP TAR). Z002/016 AIS-NC a 1PSOrttr 11 ?(- a1- FAX• ., . de(a)r 9eiier icap eabiea,.. .. pjt.: , , . .3'..1`Atc.1+4?.a: • ??,.? P-eao?e? . r °?scakei^b NQr the Agent for seuer xudf U dm: d •A1QZ -F0P BUM O T, ANSACnON UCENEM . PALICENSED AD8A s8 f j mod? ,A- FAX /-7-/4Z 5 F ?tOKPB•IS T?:¢i?Bi X Rp8 Da_ 1?A A[?5, tf app+btO: 13roke;.is r O.T,the Age>1t•for Bayer and Is alga: ?.AGENT FOR SELLER 13,SURAGENT #Olt $ELLEtt ? TRANSACE014 LACEWEE ' ftin tfie eamel3rvlier is AgeeR' w Seler and Ajert iocls..yer, ft*w fs a Dual Ageut dill of$rokery }lemmeea are airoQ7nal Agents U7NIYM tk seP*to.01 ae*,'noted; app 141Bttya' aeid-Seller,' r die same Liconeae la eta ated for•$el)rr and?o ?. y? n iga yex•tbe•T:IrtnseeboT)aalAl:aL 1 psi 4kgr id, •a.t?d ??1 t?(f.,??2 f Q 7 _ Is between .. A' a ,• r 70 . n 12 13 14 /5 16 17 la In 20 21 22 23 24 25 26 27 as 26 N 31 aZ ?..a 34 35 36 37 30 41 42 p 44 46 47 40 to •61 53 W 56 66 37 6a `Selleq" and ?? aNgl `Buyer." L -PROPF.R'11F (>1aw 71,71-4 SF11pr1?eby.atoa®oar.convayt+D?gayw).o.hembysgreafapnrrLare: . ,. .. ALL THa CERTAHd7ot: .plme of and nth and:•7mProtremaata abbe erected t6e+eon..li asyti Imowu ne: . 1galmemf SabAMdon Le". • . .. , // Anodd ey StreetAddrus _2 M? _ LJAin 3: US. DoOsra wideb wilile pali to Seller by Buyer ai #oaow.: 1'? (')?) Base PflCe' a (C) I or Pa?rtmriFeay' ?Y G2? $ (D) SAO OptionzTxftWAlt a=ns (sae attached addendum) $ -- TOTAL PLji! crosz PRICE S 4. PAYMM TERMS (141) v! b ?,? (A) Cult or check * signing this Agreement $ ' (B) Cash or check within _ days of the examnion of this AVt=ccjc S ' (C) I4034efondoble prapakl optlaos/a ttpayaitentioas Paid to Seller on or Wore S ai) Cash, casmcr's of eertifisd check at time of sctsamtat S °? TOTALPMC ASEPRICE $ (F) Dopoeils paid em aocwtmt cfpornha4e prix to behold by Broker for Boller, urns Am wise saaed•taw (OD Seller's wriaea npp:o.at to M oq or bc&w,, ca"4 011ce 6:xksosw,4I a by fee simple dead of spetw-waimsty unless otherwise stated here: (1] Payment of tlagl?er ilrxee wet be dillded equally between lllrya and Sella enders otherwise sorted here: (» rents; time of saffiament, the following awn r adjusted Pto ffi ana daaly basis between Buyer as d 3^64:mMb__;a9 Where molicabic: foxes; candaniaiam $m and bnmtatwer oosoeiation fete, if any; wetter and/or sewer fens, if itgy, togpther with any other Hesehle ,s iei- 'Pal serie's' The charges -to be pm-rued for tbe•Period(6) covered: Seller will pay up to and iuchodmg the date of aettiammq.4 Buyer will pay foi all days I7 bllotiving seafamme UaleOt otherwise seen d hero: 5. EU bf CONSTREYCYION (U40) (A) Cumtoeoceism Deist, Salter estimates that Sellei will Wesmence eonem.,ioa as or sbcot t/ ?. Sao, eawee the right to delay ce[>o?moem®t of tousttuet m until Beyer hu received and signed a valid•mwpp mmitmeld in sec4)rdsace wilt PanagrAph 4• (&j) Coopkdon D flee Sel)a estimuos ea»phtiaa of oootlnuxinn oa or aboius'? x, ?Do? Bayer LmntiyP0kxxlwledges'thatdheabwaostimatedtimeofcompletiononthopartofsenefris6na,aaseeacomodationtoBuyer toassist Buyer • ui llxtnnbttitlgl'ynuti Place: HOWever, ifcommppaeofent, eompletion, sadtor eentement are,de)ayed ,tic t0 iociemeot weather, sue. delays ill iastr>xe a>f t"I'liil,"ry Of U&r x materials, orally other rayon beyond 3ellar's coaaul, such times and settlement hereunder will ba atuolmaticaDy exkaded ably, and Lori "r not dt.'emtA Fo be a[ the eieanae: (C) Setdemeat SOdLernmd haeander will beheld an a date wiuc h is within 10 days (union otherwise spud has After Seller supplies Buyer wish a written whee of sesdacco R. Bowavey at the time of scWosoz ay Ise bouse sad prmses welt bave been sabatautrelly cousPlete& if the Mora etpaluy or SwemmeuW aotllarity mquirts a Use & Occapancy permit, Seller will provide sae at settlement AIS-NC Page 1 of 6 Seller feiesle:- , ?41taas2aaaoaiatYanap COPY-eta?PXM-MV MAAMOaATIONOFRSaLTnM*7M4 dth of Psaiwivania. Zip Code 'Deed 8005 ,Sago, Recording Date) t 3 i 6 6 7 e 9 is n t2 t9 ,a 73 I6 17 to to 20 a 22 23 24 25 29 27 20 29 as 31 32 33 34 35 30 37 al 39 40 41 42 43 u 45 46 47 40 45 50 31 62 63 54 5s Ph 67 w Enclosure 11/12/2007 17:21 FAX 717 245 2255 RE/MAX STERLING ASSOC. W 90 61 a a as 65 67 e8 ell 70 71 72 74 74 75 71 R 79 79 Be et s2 q 91 96 99 97 al es !ro u k 4b 4S so 97 to .ss. im . ,m 102 103 104 105 106 107 ice 109 Ito 111 112 .113 r14 11S 116 tip t18 ill tan .tat 122 @003/016 a. MUltlliAl9E LVf11lP1(:ffiP46.Y (1^4rL) , Cl _ WAIVED. ',Chia we is Nor contingent on toofo a finemug. HLE= (A) Tbm Oak is ConlingeatUPDA Buyer clot' ` i, two ,a 8es Colloars: " 1, AMO%W of.lzwgp .teaa'S 2. WkimurnTerm , 3. Type of mOil !! to 4. lpraest rata tiowsie , er to tempt the?aieivst nES as maybe °om>nrifed by the mortpp lender, norm c tweed s maxhn= iattt 'eat rltz Of' . ' %. .5. Discom pbmlr, Joan orildwom 1hon placement tmd other cbmged by the kndtz is a pes0enlagc'Of the'morVP loan (ac'kft amy Mipce itidiaimco prmd6dne'or VA fiatding'fo) ttdtto ekeeedbot to tyiaeadl 94 (DV ifnet Vidk l)'af t k nr0atgege'IOML The interest rate and Res ptoyWa s rtpkW by Buyer ate letlsSed if. mottg> a ieatla>ratus awailable'to Buyer 9'1e'iY rtni geacaitec an iumest rate at or below due Msximem laWtat Rest q*mfer7 baditwith the pmeewkge fcee at or below Ste amount Voulfied heroin. Buyer #ivcs Seller the riglit 'at Sellars sole ordoa-w as pecmitQ'by'the Mu cigtigdlem& ''W eppf(cable'lmw%'tb conur' left tlitmaeWly, witlid'ut promive of mimburaement, to fbe$itytr and/or iemdeittl wake tM a'bovf tetras avai0eble to' Buyer. (B) Withia 10 days of the ctenedon of this Agreen,em, Buyer-will wake a d ociptoted, *itndu lfim aga'a¢*ar=T rtbc nWrtgage thma'spa i= 5rd above to a responOle mortgage lender. Tb Brotltw [or DaM if asty, odar.rtie ft*okw fun Seger lo amLarized to tomu®cate with the mmTSage leader nor the 44sio6gtothe beer load'pt o as. (C') 1. ltfartgage tmtmitmext date /Y ft JU -- W writfea coarmi,m-Crw* t is not fWMved by Seller by the aboVedere, Buyer and Seller agree to extelyd ft mortga otaa6kfineot 4afQ lmdl Salter t=m& tWW# A#Azaawlst rdkltrig ti >i Acirto Btryik 2. Upon'reeeipt of a marlop 0o Whinent, Buyer -rill promptly deliver a tally of the Cadent to-sellea 3, Seller has the option to terminate this Agreement in4rming, on or after the •m°r%W commifmcut date, if dw nuu4m e0samilment a. iS 4WttlaIldODb1 the daft Of eettteaoca; OR b. Is amd tgton the seek aW tatdetaeat of my ether property, OR t. Contains awry otheneondition not %mci icd cq this Agmament 4. ]a the avant Sella dOCt.net,» a this Agaxxodat aaptO,ddW above, Bayer has d e• option to um hate dos Agreement is -drag if the rooewpa caam itramt a ie cot obtaurai by or volidiaWA dte4ft otwoUmem, OR b. Is eoodid0aadvan the t' Wand-sd9ampht of aq"del p)opeZCy.wid9h do noto0cm,b+y W.daae of seaiemcat OR C. CO»laim emy"o@ter r?haiat not speri8ed m this A?eetaear -huh Iitry?9a ttuablem satisfy by due date otsettta?t s. Iethis Agroemeuc i8 teraai?eod as sp1?dB in poncgraphs 6 {Cj (Z), (3)'or (a), aH•deposit alamiea•pldd un acratmF•af puur]mse pain vnal be realrned to Buycz Bltyer wilt beaespc='bWfbf any premiums formeehowas lien iasuancc and/or title woot:16 or fee hr eaceallatiw. of gimme, if ally;AND/OR say peemilaas ? fltiodiawraace'aad/tn fees insrnmoe+¢igt ea<tmded cevaaga, insroanac hiod¢efurgea oreaa- coila -fee,if-r;AMIOAaarWx'aieetees.anda*?Pp paidja.sdr•,aae4omust jCpdet (D) Sella moral mot be real orterble to Buyer or Buym ra morgopitadst m eacrow axy.hWs.f'ar•aayrsa,on. In die ram Buyer's mortgages kdder: rt*dm an mow of fiords ask 000dibes, to tOmplafa atltlomttrir tbea.BuytT apem to pmtide aanh•elemw fettle and =Mfr *5erguot ha mad er as OpdKSed 4n this Agrleeargat. Thee peraBrapb will survive setdwtwt (E) StScAeatee .)ZC NOTAPPUCABLE ? APPLICABLE. Seiler will pay. maximum, Wwwd ms's 00t; to paMittt;d by ihalmoWMe kadec E3 $ FRAlVA, IF A•MICABL,'16 (F) It is ty agrted tbat,tom iltow4ing arty other prmwiow of thin contract. Buyer anal nc obHpxd to eourpkfe floe pfaehW Of the pro, bad hacu, or to it= arty peadty by forfeiwre Of eamtraI mrmey'drpoeirs 3Affiwwm wkss Boyar has bw24Mn,-ut tom denc° faith or VA tequiremw% a written by the Federal ow, Veleram At>miaistradon, or a Direct PndmseQamrt OetHttgfortlfAuaji?usieaxl{?shteOf bfaofifals - - - (shfedaliffiamur?tiabei?ert- edisdo"to et*4 9iVieAgemn?[)' privi1W aptlAnbf WA e AMOMWfauoftfir:•i 6blact4idt ohtiagad'tothe ro£tbeap?aaa?vsivati iit"11rd"W lbotnaAmtvil nkftp 6c of Housing and Urban will i®tne. ' oYd1e Iteoperty. Bcyer'e?wrrld'mtie$'bi?,-' "Wborowthatdieprice Oftha eraa Wmdnpt Sectioh 1010 Of 18, 'U.S.C., eat d /ban Deveiopsoant and Federal Iioasiag Administration Traoauxiuns, pa,pides, ' W weer. opla •4nyaeaceaw,k kwwhvdw a (G) U-& Deparament Of BT.Oaahrg weed ? Buyer has received the MW 1 Agleeraurc }tryst, 4 AFF.Rh V4 Biller°s Initials 0 Ca$Se t ion ?ffiztrue to da b wwWps and bodef: and titan is grotm®t, •7. ,n1rsP'ECrIONS n-0zl , .. inthtanemg anyway the,aytkarafeaah Daps?way ?cs,.PAascs, uarae, anpub- :.shad,befOW:miler.thisiitlcorimptiaar,?d,aotmarePoanearOa,hr,th.", • amt (HtI1D) N01'IC8 ?'W •Ri,AtCHakBIdL;f;: 9M1Ar's Amt Pratectiae: Get a Hoene Inspection" (sae Notices and Information on Properly Caodition Vf gemog a rllhk pbndent home mapeoaoa and bas thought about ft before up"Thi? ahoanRwonnW dietwice7,couditlonalIreProgeny. hate Ha7a(s) totbiatraoeactionllath ca,tify thettl2a s of fts c0xhaa for, part°baec ai° , that mry,omor eatared int. byway af1he".j.Wca in coo¢ection wdh tbb tron. , F7 9 '70 Y1 79 77 T6 79 a 91 el der e4 N 85 67 69 ; 69 90 91 92 os 94 :a" t6 V to 69 ,m tot 107 103 104 ila its 107 tea 109 lie 111 111 119 114 116 116 117 its 119 130 131 123 (A) Seiler agrees to •perma mepeontoe by w todzed 121 +plAS,atra' rep,meblo cer°Sa°' xteatcr's tepresartati>,m, sfuveyma, mrmiopsiotlaaak manor 113 Bayer ere may beta puW by tbe.®mop leader, if my, w *4ating gmcm Se4afm8rer agaves b permit ai,y oRa'i sspe ua 4°? by IN 126 orinovlded for in dte OM of111ieAgreement. Buyerttasthe right to Stead ell u, owaom 125 124, (?) Feathespetaoo 125 t27 L. BUM r° Wfi the Yl& in maim. a pre WOM1eat 1?31 hr 1* m pection of llas FP Opeaty wb- dw 1<raperty is whemdislly . IV 728 Sallee Will notifyBuyarpewToaetfl4enenr.otd-dons andtime ofHoAm'spsgserlmoor?wallo-dmoo iaspectionoftbe?rojp,y_. tls tree 2. AttimR°'sbdementm!P°otion,'SPyerepdSehtawralOOmpferemd'!ignalistofib-( I?mc`991}t4bet4otp1t4d modWicktoc replaced in lees within dmty (30) days amen aeQlemeo? Items %a cum be completed, utoWed, or r*bccd widtia.30 days of edtlpama due tp tso tat beyond SalWs reasombie coamroi vh11 be oompktoatry seller see soon a9 is ieaaohebly pos6iblq not to wwt*d one year ta1 as saki wMenowt This pwavvh wffl amnuae umcmmt t? 199 3. Btlyet'9 fialrae ro iaapcct 1ha pr0peay.on th?A, radn Of iba.9[b tiled - orHtryee'c Smlm2 m cample0a and aip *e 181 to preaatd®eat fmmt oonedaaes a warver'oYBO yrr'e right i08poet the Property and Buys w,7I a°eetrt the 1'c0patyat eoWa 194 137 aXnt rata 1hea,pt+eseae CADtlihm tvl?Ont a a?fmo?Slamun or 135 119 4. Bayu'4n9ht 10 hokoh its mlpaehan7a notaraivedhy my.olher Provision, Qf firs ¢gzee ' 136 ,n. 1 Selierwill have hc9&4 and all utllitiee 000113rbxg fitel(e)),m k c dledpt"ademwt waa- toullb inspection. 187 1 BQy°r - Z Ai9-NC Page 2 ofd Sell- hdow f ? ,3a 11/12/2007 17:21 FAX 717 245 2255 RE/MAX STERLING ASSOC. ? 004/016 ...?w..nu•mra?aasw..vva+a uaNlri??.a ?rav.q ?,, 140 "Se11er W111 p a d& twudence-that 'them are'n0 woo&boring resents en dw'P vyw ?; if,*Ldrw by lender If& wood-Wascatio4 IffipeCUon to regavd, er agrees, at ScHor's ezpease aadbef= BW1= aq cal 141 Btlyee agSGeauu,semtbmsear,^5{Ipc Eo1; the.wyt of tho mspp?lioa. If aerive mfgelatipu(s) earists.'S 142 to treat Rr active ion(s), in aesmdena with applicable lava., ,42 RADON C41V71NG6NCY o1-061 144 ?. WpA.L . lit _ ,.9eltergs' 'v?et+llPrePaAi?YY? toratadonmitigatioa.BSa4aa.(,Sa,Radon•Notia) tm.• ' 1 t to io. sTATUS OF WATER (n-66) Se11tr .at tam of:actrlemaa: rbia:Fmpercywill be sawed by: 160 O f.ublic. Water Nam-of Swnee Prwnda .i 151 on4gn Wen Waxer which meet sppla:able goveaumccol standards 152 ? 1,;010>9?Ity.water 454 ii, STATUS OFSIWER(U-M 156 Set6er'rePeteemta thatplvpatyu saved by: • - . IM Public Sewwr - Name of Service PrDwWu t61, ? - Individual Ondot Sewage Disposal EO= (See. Savage NMoe d) 15a ? ^-?tmnttry' SewaBa DiaP°esl'SYsoem ,w ? Holding Tack (See Sewage Notice 3) 1B 140 1!t iffi 149 141 t4b ..,, ta4 147 143 W 150 1st 161 153 1St ins 106 187 tea 159 ,tae 1aJ 132 169 164 .165 165 167 166 168 170 171 172 179 174 116 176 1T] 176 179 196 191 162 193 in t? t:a 1a1 its ' In ' lw 191 in 12, NQ'1t9 cE&ASVASmEM & COQ R1QUH4EbfMTS (1146) 152 (A) .S'ella repaeaeote a of SeOa'a eceCtrpinn oElhia AE;<ocmunt, tbat,nopubfic,improvameny rAnd9mialum a hvmaowner 3aeocie3irm s®gpnenl9 163 hatrebetmmadoagsieettbePmpestywhlrhiealaio•napaidandtwoonotice byasugo're®ectpr.pablieaumomyhas bamaervetupwWcc 164 m' obyg3a on the Belief's belhakF,;mcitldmg lralteef Aalalmgt0 4tOletioOe of 2wnmg, hnusmg, butldmg stfrs)' ov 5to otdmaacea>vvhirh terrain 165 uwcuadwe and 1W selka knows cf no aeodition that arMll wa3dtate Molatiou of my =6 ardmances-which rem" unconvowdrxle6a 166 ltdwiv1ae gKAO -bem: 167 tee (H) Se11a laows oftro rotber poktihai6avtica (itlehtding violaliore) sad a?eaammta except u foliolrs: 168 170 (G) Sella ta;pt be rteeponmbkYoriatty notice of impzovamea0e tu;esrecavod oa ce before the de0e of setrL7mant m (D) Bttyee is advised 89et eecnsto apub[ie tad may regain iasuanee of 4 highway oaa>psacy permit from the Depatuaat of mmsportatioa rte (? A11 fle<neaty pamlits vs11! be 41bts1» 9d and paidfw by Seller prlar to.?«7 ± 119 (Ftj ' 3eDt?'owdl cdmpl? 1ii61 sll 1eMhiCtI011a and tequ?t i imposed by eaY govet»csttsl iudtmifles 174 13. '1'PFi.E,WWRYS,'&t[ M9<11-06) 175 (A)' Tlie Ptllpaty is tares t7oaVeyed f>tie affielearofelLl4lna , and oaemti z t? 22'I1Ida^r Y.OSYS'R «.e ?g dad 776 1:C8trr0anR4, hist®7C pte+lp'1'a4011 SY[IOCtlena t7'b[?ICea,'blliftg4g''?i?d?.'M.9EmaGt4 of rVaa6i Vlllbla Rpon die 177 0-4 easements of record, pav*.&% er rion of public seav'im comp-Sours, iffy; olhawi(te the title ib the above described real estaihe will tte be good and nuadceabkeod snAtbe'wtT bii ittsulndby a tint 71te Lan7t®de'GomDatsy aftlu te¢97er#ats. 779 (B) 7n ffie ev>:m seller is unable to give a goodaW +earkatelia We and sorb w +owili be, insured byaxeepotabk'•tltk Company at the regulan'aws, 180 as ipsacd fn pamsg s h 9%) Bay-wtll'havC tk option of taxing s kh ti9dae S> lc cd gese' w shout eNs the piiedor of'be og:repm`d 181 Amaniaspaid by'8ayw015alleran aeauc tufpirch s Wimatld1dierwillie'tmbiaaeHayerfor•my' mcttaedtry''9tiyti[for4rmeituns 182 9paabd in pmegreph 13(C) snd'La peedph t3(D) itam? (1), (2}, (3); abd'io t]te Later diet eta 'tie ao 1ldtltnlalily:t»rnbligation oa 7 s1 eillter 6f The pattiaa headu and this A,giat tN77 betama'VtiID. .. . ? . 154 (P) Air sitrvt y or sn veya w1dih mdybe *ofiW*,th6?Me 5eirteaeee'Cotspiiity'or thc'sdatraetdg'attomey, fat the ixi patshm of n-adsq 763 !qd dent Ap$oe of tlrc Psoparty 0 to ? t hWjo, will be swtsrrd Wd paid for by Seller, in (D) DLWa Wl4 Pal iitr the folowmg: (1) The w=*m f0s mxhames 6ea Wgurance and/or title sgub, or fee for rauc autina of same, if or, 147 (2) The premiums ftdood nournow and/or'firc mmsaaeo with e1tlmw owetage, imut®ra binder chmgae or amen fee, if any; t9e (3) Appraisal &rs'adlta(iar?et!P*d m advmcitomar 1-114 if*W, (? Buyer's castam+my seoJ®eat costs atid`artamb; (9) Lritistlcm fez 144 or ?pitus fimdlhg 6ce'if soy: $ _WIA .1. tou (B) Bnyar'}lids reriowcd 1be al'6abdiviaibi phm recd is f ilial wish the g ply, shdwmg the ]ocatioie and eotttow of the lot loving peo- 1 '" ThaaedaaMraq rll?0 Srll4/e Milli ^h*.d.. s sn tti ?.': e ri .1.9air ^?*^? ^?^^ - - 'Jim 171 1'02 1AL 194 19S 196 197 in 190 2w 2st a0z 203 404 209 206 2w 200 210 211 212 219 214 215 226 .?-?•? _ _ 19Z ZONIiWi: t.AS81>8IC1Rpi-i0) 193 Fab= orWj AVwM t tboaobm thr w ft cbsM=fton (except m eases w&fE thi;ptopelty'(W each gaud rl?wcbt d tiobFSvidebie) is mmed 194 coldly orprimocily m pesmitaii>gtafi>tdly ddsatlfngs) wtlI rmdea,hLrAgreemeat voidable et the aptitla ofthb 8&yd< sad, if •ostbd, eny tiepoeits Tan. ios detnd by tfm Bttya will be r to teeBaywr taithou! abYYCQIfEdlrCdt iln•tmttrt action 1M6 13. LANDSCAPING & DRIVEWAY (11-06) to (A) Sella will attempt in pmsava as many efthe existing trees or shrubs as tresmably poaeffide dialog the censtructiooz ofthe ia?ttuvem? and 1tMl hamsWhap1em9a4ltiseltpseatlyagteediliat Sellkldde9aotFnarsa3e -WaaamtLeemrivalofany, orihrubecditingae/hepiezu'-` "'in prior m consC wd= Any aratinctroos or shrubs *Amy due shell wale mot am the so%riap udUity bfBt4m Seller wil! be regimdg m 20c Fade sad coed the 40d6ed ems aWY. Airy soil washouts floor thin ormdkiog enow orbt¢avals'&ae'to ere the sole Zm rEeglo7telbitiry ofHnya Ai to the gitaliry a quantity of lire gtowdi'of graaa'it brdi•be Eliryri'e neepona?b1>&y,k waDee , fanliuand mead 3s tree ens assary a$er settlemau 404 (B) Hager admowledges blur, due to adverse wadin con"om and other events beyond 3eiltr'e rasoaa3tle rnoaoi, imm iachdio the driveway 20 sarfawt geadasgaml eeedigg,'axteaia pooaiagbr sag, xd endemar alai?es m? naf 6e ca?iplemdiai time set8emmt iJnlass me othaivi9a'sgread,no portiti6 tffthe pmchatiepa?e or optiuaipeyspemis will'be'pLtced finem esciow eexoumit'oFdMlt3eld fivm Sd1a a sealex9ear m7 tb mapensa0s for itioompkte 06.-Werwt7l eoinpkte the iW6 widika t+caeonablo'tio7e after sett&&mt au Wed&brtwditlane peu.L 209 (C) T16a ptragiaph 1aU titavive seWbmeae Y09 15 SURRTMnONS (14 06) 219 BUYM AND WLi.SR ACRNOWUM GE THtrrT' TER BUKOI NGS AND FdPROVRMEM ON THE PREMEWS WILL BE SUB- 211 STANTALLY-SUM.okRTO'PffiESTABLIMWBUKDIr4GWECPW-i=OV6.HU•Y17tAMACKNOWLWGBSTRaSE7M eta BAS TIM RWFU TO MUM SUB97TIU' OM OF 19M%=L1'i5 OR PRODUCTS OF SUHSWUALLY EQUAL OR BETTER 213 QUALiTYATSzLL19R•3 S= D3 ION, AND THATACTUALMATERUES AND (PRODUCTS M" VARYPROM SAMPLE 274 AVWWJ AND PROI3UUM 215 Hltyerlallhtb ?ut`?Il1?! r? AM-NC rise3or6 merhimn ? 210 11/12/2007 17:22 FAX 717 245 2255 RE/MAX STERLING ASSOC. 217 17. 216 219 220 n1 222 221 221 225 "a 227 728 229 238 231 232 233 134 235 219 227 238 290 240 tat 242 aM 20 248 2A 218 a46 25D 25t 251 265 2% 237 255 ,ass 750 201 262 203 COALNOYICE. UAW, TRAMFM IN( nm DOCUMRU =5 PORT UNDERNT1l /lCB LdND.D83CR1HED OR COAL' MAY lTAVKiTkE'CO 4z LBGAL'R1(;m TO RESULTTOTHEbTRFACM)P ANDANY901 ,B i4 sat fiot9t in tba ramntx•peovided m5 thy' Jal'y'17, Digs-teclioa*eFncFscb-idalf¢e`iemiting.finm'. dp°°tib° 14 11005/016 217 TKE TITLZ TO THE COALAND RIQKPS OF SUp- 20 "AND THE OWNER OR'OwN8R5`OF's9UL CB 2f9 7EEVY , AND IN t= C0141JE'1'SON,. AA;yI'AQB B+IAY zzo tt) 3TRfJCIVIHriON OR IX SUCH LAND: l;l'his Alice zet owle<lges t6t le may nisi be a btab*;111t•d{dtt 222 desdibad•hetetnmaybepro -tedfmmdsmagc?&;tto 2aa 6 in ilia cod. This admowlodkemeot is mabe-fcr the 1Wi69e oftam- 214 sm. d the Land Conservation Act dfApsil 21,1966." Bays Rases to 225 226 18, pOggggg * (11-"D V asdasion is tidflfitiflliveted by deed, bars stud physical posou sion to a clean MaWing. T6e7ut and linldarg(9) will be free 221 df dabtis-m dsy anirdme of sedibmaat zz 19. 3&C;60 W&.'0'-84 'I7iti AgrVC-6;1 tcot be reeard?m die Office ft flu Recording of Deady or is any dd k ofaCe or place of p bile resmd 220 andifBrryer aatx,Bas'oi pcmii? this Agreement to be mcotrfei Seller may elect to treatsach aiet as'e bceaclt•of flue Agtemmt, 2% 10. A66IGNIVH+NT (3 ` IttisAgteta(eltlvvill Ba iriiiding utporrllue patties their'toepu 5ve'13eits,'petsoml' 2 ePimeuti' fe, gt>adi?s And socciasore. 22i and to the extent ateigmbl0. on the M94 M oB'ebd parties harem; ic'being c gn=ly understood, however, tiW Bttym wi11 Dot )iaasfei or. assign ifus z= 2 Agrr en- wif m ft t ftm conseat of Seum 293 71- nsPOSiT Ii EC;t)V6RY gt7ND (10v) rA (A) Deposits paid by Buyer widtim 39-d". ofeenlement will-b"yycpah,,cadda's or cedifidd-etieck Depoeits, regardless of the faxm ofpyymeat me anxidwspmsmt dcftimtdd at,pam wilHm paid to individusLidadfud'in pare rqh 4(F), wbawt&j5*BFn?*tm iu m•estaow account until cm- 296 6111=2613A urbe<mmaDm•df this AVeMnent is C091wmity wi&a VpUMbler4M sad tegudadaom:,AzV mn asked obecklandard Ss deposit 227 maybaheldpeadhfg.dwatmprmcs of &a offer . %., . . 231 (B) In-dw-tw it o8a dispute ova engtlemmexa deposit moniae, a kokw holding the deposit isaquimd by the Rules end Rtgala4om of thmSWe us RedEskte Cozomissien (49 Pa Code §35.327)40mmin4 a nimin in ascrow wsil the disputo.is resdve& J:a.thteveot of lidgation•farthe ter rd aaof depos t monies, steels r wtll•dtafr>7+ate the+ eaa+ dmcbed by.a final wrier of eoort brthe written A®ta nrofiha •pasti6& Buyer 241 • and Sdcr.epw that *,tbeevaod tmy'b74 leer ar affilaued liceam is joingd.m htgsdonfor thBrgtaTrl;6fdepoelt menie9,'ffiG:smomgs' fees and 242 costs of the bmbc*) aM lieamae( anal bmwdlw the party jolningihool. 243 ([) ARealBafareRxovasyFwdexiswgy?iatb9aaamyPas9orawbaltave-0btaixdaSnaLci.iljadg®mvegaittsta:eaasyiveaisnr?le9taaeliccns 244 ee awaagto &md >mmatmmon; m dceeit t&8 rvael estate tYBnpChlmelYl who bavebeenanable m collect the judgment afitr exhaerenng all 24s 168d UdexptitebleremedieexForoopletadetsfl6about the Ftmd;;all (717) 753-3639; or (800) 822-211.3•(wit1ia:Pwmsylvaa1a) and (717) 783. 244 4854•(ooUft Pemsyhm& 247 21 COMO:?D'COI?IdTY (NOM6OWMASS)CIATION) PUB IC OFTEMG STA'tffi? MW (1-00) tae NOTAPPLI('ABLE 249 ? ARMCABLE: CONDOM![ iIUM 250 (A) Haym admowledggs thtp the P.ropeay b a unit of a emdon" m as-defined by.the Unftm •( ondammimn Att. Seller is's declarant of 251 the•Ftmdamini m-and is.mp Fxed,to rmyide'Buyer with a public offering aatenuat {See Condonuodnml(lniform Pleased Coaamu nky 292 Notice for deflaidons of 1leekeamtt, public offering ettl mmit„md eondomWam). (B) The delivery of the public aframg sommaient rturaatre.madovo•lm4saltm flip rite the Bayer execaew this Apeament. Buyer may cancel 254 bsAgmenent withal flttean (15) days aflarxece erg thepubhcafi'aiag amtmearend witiua fifi m (15) days of viceO of any aulmd- 235 want to the Smamant that mabetislly and adversely affects Bayer 256 Q APPLICABLE, PLANT CO1V1Er1[Ir nT.(HOM>30WC BLMSOCXAT10N). 257 (A) Beyer acimowkdges that the Pwpmty is put of a planned mmmw ity as dafinad-by ft Uaifio= Phoined Community Act Seller is a 2m dalacad of the phoned comunni ty and, is tequtiW •tb, provide. D»yta•. with a public offaiug Mammem (Sec Condom iimi lnfforn 259 Pleanai Canmmtity Notice for deSrmions of 4 wWroak public offm g e- , ent, and planned commtmity) 280 (8) The detAmimt must provide Buyer with a copy of the public of ming sWWw= and ids amadma& ao l mp• than the date Buyer exeemas 261 this Agro meat Buyer may camel this Aveaacat within seven (7) days afbarreccivmg the public offaingatM4nCffi and wiihia seven (7) 262 dais of rwofving eery ammdmtad to ft comsat that v; Wd mattsially and adversely oftat Ruyw.. 263 tima.afrr?_ s4•aa.. ? .?. 91k MaY..A.V (H40) Bltgw sad SA-b-* rd-,4 quit balm rind foreru ttbeh.r>se ALL'HROIC£[tS. sir'; ie>:IVS>,> s, &I4A'fAYEES, rr9 =d=rQTFjCZRorZ4R7N=of2nyoaeoritl?ml•uyotlterP$RSQluI,•FiUina;orCt)RP©RATIONvdltemaybeliablebsortlaottgh 271 : tbem, fm=; utydad xM tdldmy10080 ax dmanderbduftp, bat AaOgmlaed?to+perassal lalmd" madproltetty. damage and all of the tenth 272 gaeaoaa d moot This nkm WM survive settlement - 273 25. R18PR1'ATIONS (11-00) 271 (A) Buyer a4adbaistidd died >ayrepr subtinns, dlS.- udveffisbng, promotional gravities, brochures, plans, building speaffiUdons, or watssmdes a73 madeby Sdiq.l ?' lideaaees, ®plalmes, offices. or ptdidars etc act age a this?re"atw!ese eupress[y inaaporated err gtakd sag in U Agm memt Sn. (B) Buyer AftowledgesThat Brakm% ** lim-,.mrploycm offieera cc paemms barve notmade.an "ma neat ofthe plan, &awbgm specir- Va caaam or such doclmr4ams ra have bearing on de nature and quality ofthe sbucum to be hmltby Seller. Ptathamamn, Brokers, their hcmseas, 279. amplayees, affice:s,. and punt- mobs no rep ummpott with aspect to pauents. or suck other evidence of goymment approval for the 200 consts cti ft oft* Muctsms to be bull by Sally of the aavirormmW ooadidoas, the pem tted nee, lha rSasucW condition of Salle, or the m oon&dm mdaft in the loosle wheat: the Property is eiteamd; our have they made an iospectiom of slit cosaponwts, appliances, syswms, err 262, ca utmer products lo-be inaodled in or ,bow the Property, 263 (C) U is flaA understood that this Agre med cmaiiu the whola Apeammot between Sella sad Dwyer and there arem other berms, abligatiaas, tea . ovverpmt,rrprrx?mnoee,sta?mb•ucendjbom,oWorolhe6wn&ofmybndwhastmnwcommnmgtbisage, Furtheamore,thisAgecmcat 9q? will nor be altmA, mmadad. A-gad, or modified uxcmpt m wrifing C7teaaed by ffie pads. ? .. 2m (D) Thu heaufmxgf, captions. and lime mtmtha:sin this Agen®ad am mcmat only to make it easimto find the paragrsphs. 284 m 284 267 2m 249 of 272 m Us 275 Z79 m m 279 200 261 262 283 264 266 2W Btger LWala: A/9-MC rode 4 of 6 Sam Inala6: 2s7 11/12/2007 17:22 FAX 717 245 2255 RE/MAX STERLING ASSOC. 1j006/016 296 26. WAMANTlBt3 (U-M IN (A) Amt of Mmmftctrrer'e Vyarrantla; Seiler hereby assigoe to Buyer d msau(ack.'s wooomnties on all @pplianack equipment, and 290 other consumer p md" to be iasta?od in or on the Property. Copies of them waaandoe will be delivered to Buyer. Sella makes no warraniw, 291 reprasentatiom, or goatamtees, with mespttt to the sppHaaad, equipment and consumer products and all such watrmtiea, representations, and 292 - gwrar+tms arc hereby disclaimed. The sole remedy of Buyer as to 102y such ite319 WW '8d to md6c cool c1'aim9 are are appropnattuaderthe mm- 29a uActmes wsraudc& N4 (B) Ltmlted Warratty: Bxeept as set fact in Say limited wamly that may be provided herewidr; SERER MAIM NO OTam RRFR& 295 WNrATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR nvn LND, INCLUDING 'BUT N4Yr MffIED To, THOSE 299 OP WORKMANL= CONE`1 UCMN, WWTABILM, DEl G , CONDITION, QUAWTY l9R 9'1?'AVTD 'fly 257 PROP =ff AND THE RUMIENCE AM O'1' EM OPV?MNTS CONSTRUCTED TAN, AND SELLtl9(1)k MY 2aa ;EMW 3LY DISCLADH ANY SUM 1MP=bV1r0N6 OR WARRANTM. Bayer hemby edmoWledges and kepis such d1- 29e claimer and Sgnxs to waive any and all sighs Buys may have by virtue of each rtpreecotitions sad vriirtsnfies. Baccpt for rye warranties pro- sec -.tided by Sell=, Buyer assures the risk of any and all dump from tin date of setdemeoy oc ammg in'grvpearigq on the Property regardieas sot of the ease du: co£ Buyer's essamptioo of this risk is partially in ovnsidaadon of the mmouot'of the pmehdae priba`df the Property which is 302 lower thsu it wouldbe ifS211a wak to beheld responsible for soy such risksby vbtw dfsaid expressed or kokd representatiotis or weamr6ea 3oa 27. DATEB/nM 18 OF T0Z ESSENCE (1.61) s04 (A) 11re said date for settlement and all other datta and' times referred to for the petfotmence of say of the obligatioma of this Agreement are nos agreed to be•oi'the caseate of this Agreement and are binding. 901 ($) For ma purposes of th s AgractocM number of days still be wuzmdl 'om the due of amroan, by'enchlding the day this Ape®eat was 367 executed and inoluding the last day of the time period. 300 (C) Tbc'date of settlement is nM mmended by say otter provision ofdvs Agreement end may only be extended by mutual written agrement of s09 the parties. 310 (D) Cedaintime podods meyraprhoad is this Agrectaent as a convenieaae m the Buyerand Seller. Any pre printed time periods are negotiable 711 and may be ahiuged by Wildag urn the pre-printed text aad'iascmug a diffacut, time period acceptable to all partite. 912 2& DEFAULT (lam) 313 (A) Seller has the option of rooming all sums paid by BuyeS imclndimg the deposit mimes, should 3uyw. SU 1. Pail to maloc any addiii0tWpaymaaa as Vevcified is gs'ggnph 4; OR ate 2. Fur sh dtlae or iocosmpleta information to Sella, Braka{Q. orthe mort¢iigc leade; Davy, coocemiog Buyees lept or Sdsocial stems, or W fat to coopaate in the pa tossing of the Wavage loan application, which am would result in the bthae To obtain the approval of a mort- $17 Pr loan commitme?t OR ale 3. Violsse or fait to h= aad'perform any od= beams ar conditions of dtie Agreement 319 (B) Ualea otlraa'wise dwjcbd m paralmle 26 (G); Sella may elect to:elaiis those sums paid by auyel, inckulimg deposit monies, in one of the 320 following mpmm= 321 L On amucat of purchase price OR ra 2. As madca to be applisd m Shca's OR :2a As Sluidoad eta mega fr such breath. 324 (C)'s Seller is bM3k d m tevacong same paid-by Buyer, molidimg depo9d monies, ea liquidated dardagea. in (D) If Sella rearms all same paid by Buse, imdading deposit moaica, u liguidoloddanues poratumt to peragropL428 (B) or (Ck Bayer and Sella 326 will be released film :lades liability or obligation and this Agream®t will be VOID. 327 C9. MEDLATmN (7.%) m O NOTAVAILAMB 348 O WArM. Bayer ad Se lwvndwb that they nary alttose m mediaee at a later Nett, should a di" arise, but that there Hall be mo abli- me gxboa on to pmt df any petty to do ono. 331 X F.[ EEC I'PID are (rA) Buyer and Seiler will ty tu resolve army diWM or claimthstoW srW f ua this Agrsmreat thraagh totdistioo, a ad dem with the Rules ea+ and Pmeetham of the Rom selkneome Buyers Dispute Resolution System Any zFeconemt reached On, a h a modiation conf rence and am signed by the parties wilrbe binding. 335 (B) Buyer and 9olla ackoowkdge that tray have received, read, mad understand the Rules and P:rt ueas of the Home SelltM7Hnme Buyers 326 1 iapase Resolution System. (See MMiaboo Notice) W (C) This ngrutamtto mete disputes art" from thin Awoemwltwill survive setdamemt 289 M. 290 291 297 293 794 296 zas 297 298 299 300 361 70'2 303 364 705 roe 3tr7 she acre 310 all 712 913 914 315 Sit $17 319 319 32D 321 as ?d 314 923 327 229 319 32a 331 322 399 eras Sae W 331 Bayer mad AB-Kc Page 5 of 6 Seiler luldwlr; ? ? . eras . ,t 11/12/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. 007/016 3eo 30, SPECIAL PROVISIONS (IEANY) ? DItJS 141 , is 543 942 943 3Q 944 344 343 346 346 31. SPECIAL CLAUSES (11-00) 344 347 (A) and Seller bave received the Conaoraer Notice as adopted by the State Real Eeu%tc Commieaion at 49 Ps., Code §35.336. 147 Sae (B) oycr and SQ r haw wceived a statement of their respective estimated closing costs before signing this Agreement. sae MV (C) QMuyur has received the Deposit Many Notice (for cooperative sales when Broker for Seller is holding deposit money) before eigo- 343 sea ing this Agreement (?D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Now. The Seller's 361 951 gropexty Disclosure Law does not requap a discloone form when: 3$2 36a CL A o-year wriem wwmty wwrieig the construction will be provided; 353 354 2.. The boilding will be inspected for compliance with the applicable building code or, if none, a nationally recognized model building coda; 354 145 AND 365 1 A eatificm of occupancy or a exrtifi= of codc compliance will be issued for the dwelling. 358 367 (E) The following are part of this Agreement If ebwjwd: 367 O Sale & Sarlemcot of Odra Property ? Settlement of Othc Property ContiagencyAddeadum (PAR Form SOP) 358 359 CoMmgency Addendum (PAR Fong SSP) ? 350 350 ? Sale & Settlement of Other Property Contingency ? no Set with Right tp Contatoo Mackcting Addendum 0 361 38Z (PAR Form SSP-CK 362 362 (F) Thetfellla wing eoddbib are made part of tbls Agreement tf elr 363 3e4 knot Plan of Lot s/ExtraVAlterefions 3*4 95 Warranty 36$ *0 XF10or.Ptan Revetzed._ i (p().s ,R- 'cdve ons 365 3s7 ? Other il•S 367 988 Sptx:if1CAfiMe 13 ' O , 3aa 399 , p5c,-l . E3 _ S4aaldmd Besttuva S P am 370 Bayer and Seller aelmowiedge that they have crag and understand the nadees and mp mry Inforwariah set forth id this Agresmant j0X0 7370 371 Bayer actaowi4slgea rroneivlgg a copy of this Agneemerrt at the tree of slpdag 371 372 NO---CE TO P-rInW; WEEN S1GNE07 7105 AGREEMENT IS A BINDING CONTRACM Return by facsimile dviasta udon (FA)Q of this 372 M t)Agrvamant, and aD addenda, bawbg the dpataes of all psur ies, oooslitda swepbOmx of flihApument Psrtks is dW b%Wsatloa are advised 373 374 to to salt so dterney bdum dying if tboy 6wim legal advio- 374 376 BUYER'SMAMINGADDAESSr )el,;, a2-rt ,lr iLl? r 1 : l/,11?" - a7e ?U BUYER'S CONTACT NUMBER(M,: a" W1TNF.SS ?6 , 22'?'?`?' yYE 1 IDyTE/?t Mara lS`t "I sm vin7 m BUYER RATE 379 800 w171VESS BUYER DATE 300 an Seller hereby uppovee the above ibis (date) 3h 302 and'in consideradoe of tho services rendered in proerirbug the BaM Seller agtoeo to pay the named Broker for Seiler a f= of 302 383 ofYfrom the here'ia specified sale price. In the event Buyer ddadts hwnsodw, my mamas paid an scomdill be divided 902 ass &UM Broker for Seller, but in no event will the sum paid to the Broker for Seiler be in a== of the above specified Broker's 3a4 985 fee, 3a5 a68 SELLER'S MAILINGADDRESS: Sea ae7 3" 8B8 SELLER'S COMPACT NUMH)CR(Sj Sat 30 VirrNFSS SL''LLER-DATE ?l ? 12? ? sea MPyJAp.tG Mme- I , 39o WI'Clel'ESs, SELLER DATE 890 w1TN&SS SELLER DATE wt M Brourriumnew, Certleedfem (check all shit an appikaw. M ? Regarding FBA Mta'N"W- The mdmW d Licrosea involved in dig h®sectioq on behalf of tboaselves and their brdcet3; certify that 395 the VMS of this contract fort po[Chtto are tme to the beat of lheir knowledge aced btdiel; and that stn. other Worm eakted into by any of 3% 39a these pasties in eonatetlm withthis tsanseeftn is attached to tide AgreerucuL ass 860 ? RePIMSM60111tfoo: Thermdtsaigned ? BtvkrrforSeller ? BmlcaforBuyer agreestosubmitmmedlstioninaccosdarreewidr 606 paragraph 29 of this Agrxmmt Sat 300 F for Seller (Company Name) 369 ?/ ACCRPTED BY 4w Barak rforBsgmr 4c1. ACCBPTEDBI 4@ MS-MC Page 6 of 6 M an 400 40/ 402, Rt=1 I =We farms X 11/12/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. R008/016 ILA A f% 1mffirrWISON & SONS CONSTRUCTION, LLCa 3945 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717) 243-9333 PROPOSAL, Date: October 26,2007 Name: Duane Donison Address: 159 Ringneck Drive Harrisburg, PA 17112 Telephone: Ruth Osborne , Realtor - (732) 513-7127 Description: Chandler Model - Crawl space, 3 car garage on comer Lot #16 HOUSE PROPOSAL INCLUDES: Basement: 4' high poured concrete foundation 4" concrete floor French-drain with 213 stone Pressure treated sill plates on foundation Steel support beams where needed 1 floor drain/sump pump option Radon piping 4 crawl space vents ess from master bedroom closet , Framing: Flooring with crawl space Engineered I floor joists 3/4" OSB T & G floor decking Interior Walls 27x4" interior 16" OC 2"x6" plumbing chase wall, if necessary Ide 'E r- 15 " 1 Buyer :4, 11/12/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. Exterior Walls 2"x6" exterior studs, 16" OC 7/16" OSB sheathing, nailed 8' ceilings Roof 1/2" OSB sheathing with H clips Arch self-sealing shingles (30 year warranty), high profile Full shingled ridge vent 12" over hang with 6" fascia and fully vented vinyl soffit Truss system (minimum 6/12 pitch) 2009/01G Insulation R-38 blown ceiling R-19 exterior walls Basement ^ R-1 9 in floor ,?,' Heating: e?? y i [XI Ducane Electric Heat Pump Electrical: 200 amp main service with circuit breaker protection; 40 breaker panel 3 exterior flood lights (See Buyer Selection Sheet) 2 recessed front porch lights 2 exterior receptacles 12 TV jacks; 12 phone jacks; 5 smoke detectors; 1 carbon monoxide detector 1 master bath fan/lighVvent 1 hall full bathroom fan/light/vent Bar lights above master and hall full bathroom mirrors Bedrooms and laundry room have ceiling mounted lights with switch (pre-wired)-fnr 1 paddle fan in living room Dining area hanging light Recessed eyeball light in family room over fireplace Recessed lights (See Buyer Selection Sheet) Ceiling lights in all closets on switch 2 front exterior decorative lights next to garage 3 crawls-pace porcelain lighht?s? ;183 d 2 er I. 11/12/2007 17.23 FAX 717 245 2255 RE/MAX STERLING ,ASSOC. 2 010/016 (9 Plumbing: Maniblock System 60 gallon energy saver hot water heater (depending on heating system) Delta faucets (or equivalent) PVC waste lines Shut off valves on all fodtures 3 hose bibs (1 hose bib in garage) Exterior Finish: Paneled steel insulated front door, 360x6'8" Full view slider with screen door In rear of kitchen, 36"x6'8" Double hung tilt vinyl windows with low E glass (internal grids) with screens Seamless gutter and down spouts 4/4 ship-lap vinyl siding Stone veneer as per owner's choice of style and color Shutters for front of house Painting of front door Included (all other doors can be painted at an additional cost) Front porch is concrete Schlage locks on all doors, keyed the same Circle vent centered above garage Interior Finish: 112" finished drywall walls - painted - primer and two coats Colonial casing and base mounting (5" ba3eboard/3 1/2" trim) Rounded comers 6 paneled Interior doors - painted Privacy locks on bath and all bedrooms - Schlage locks Door stops Ventilated vinyl-clad metal closet shelving (custom closet up to allowance) Direct vent fireplace - propane Ceramic file - 6" tile, master bath, hall full bath Laminate - kitchen, foyer Carpet - living room, bedrooms, halls (See Allowances) Vinyl - laundry closet 2 pocket doors for laundry closet Kitchen: Quality custom cabinets (Kohl's, Lowe's, Home Depot, Swartz Supply, Lezzer Lumber, Myers Lumber) • Raised paneled doors • Self=closing hinges and drawer guides Sink with faucet and sprayer ppjaaee?Stove, microwave and dishwasher, (See Allowances) er 6uyvr 3 'a 11/12/2007 17:23 FAX 717 245 2235 RE/MAX STERLING ASSOC. a 011/016 Bath; Quality custom vanities (Kohl's, Lowe's, Home Depot, Swartz Supply, Lezzer Lumber, Myers Lumber) Plate glass mirror In master bath, hall full bath Solid surface countertops, 2 formed lavatory bowls in master bath, single formed lavatory bowel In hall full bath (See Allowances) 2 -1,6 gallon water saver toilets Master Bath - shower tub, double sink, toilet and faucets Hall Full Bath - shower tub, single sink, toilet and faucets Garage: 2"x4" exterior studs (where possible), 16" OC with double plate 7/16" OSB sheathing, nailed 4" concrete floor 3 - 8'x8' paneled exterior steel garage door, insulated with openers Garage is drywalled, finished and painted with flat paint Side steel door to exterior with glass mesh window (See Extras) Lot improvements: Sidewalks - 3 feet on all road frontage (Development Re uirement) Lot #16 will have two sidewalks: one on Marcella Way and one on Young Drive Walkway - From driveway to front door or porch (See allowances) Grading and seeding Concrete slab at garage side door Concrete slab -12x14 patio 2 red oak trees 2 decorative street lights - Pricing will vary with each job. Basement excavation may cost more (see Rock Clause below); so will well, rather than public water and sewer. "-'"' ROCK CLAUSE - Blasting/drilling Is not included in bid and will cost homeowner additional funds. Homeowner will be contacted prior to any blasting. '" WELL DRILLING CLAUSE - In drilling, any well depth will vary and quality of water will vary. We do not expect not to hit water, but it may take more than one well (at homeowner's expense) to meet the household needs. CHANGE ORDERS - Prior to construction, all changes wi0 be materials and labor only; during construction, it will be $500.00 plus materials and labor. or Buyer 4 4 11/12/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC [AD 12/016 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717) 243-9333 "We Make Your Dreams A Reality" Due to the intrinsic nature of concrete, minimal cracking can occur. LLCP • Contractor cannot verify soil or ground type; therefore, cost estimates can only be figured on fair digging. If your excavator encounters rock or other hard material, you could incur extra costs. • All additions or changes must be discussed and approved through the job superintendent. Field employees and sub-contractors do not have the authority and do not have permission to take responsibility to make changes on site. • Flat paint Is not washable, but Is easily retouched. • Contractor will keep all building grounds as clean as possible at all times. • After home is completed, the structure will be broom cleaned and free of debris. • All selections must be made before construction commences. • Completion date will be scheduled before construction commences. • , A final "walk through' with home purchaser will be scheduled before occupancy. • Final settlement Is required prior to occupancy of new home. Keys and garage door openers will be given to homeowners at final settlement, • All extra materials delivered to job site are property of Madison & Sons Construction, LLC. Example - extra stone or brick will be taken to fob site to ensure that enough material of same dye lot. is on stock to complete work. The remainder will be returned to supplier. • it is agreed that Madison & Sons Construction, LLC is not responsible for damage caused by fire, lightning, windstorm, theft, and other such perils during the course of construction. Buyer should purchase a Homeowners or Builders Risk Policy at their own expense from their personal agent. We propose to fumish material and labor in accordance with the above specifications, plus or minus options or alterations as extras, for the sum of., Two hundred thirty thousand three hundred thirty five dollars and zero cants. ($230,335.00) 11/12/2007 17:24 FAX 717 245 2255 RE/MAX STERLING ASSOC. Qj013/016 \10% Draw Schedule: To be paid in six stages throughout the construction process. Draw #1 to be disbursed at settlement. Lot Cost $61,900.00 Lot #16 Draw #1 10% $16,843.50 10% of total cost of construction Initial Settlement Payment $78,743.50 (Closing costs not included) Draw #2 20% $33,687.00 Draw #3 20% $33,687.00 Draw #4 20% $33,687.00 Draw #5 20% $33,887.00 Draw #6 10% $16,843.50 Lot Price $61,900.00 Home Price $168,435.00 TOTAL 100% $230,335.00 Permits/staking, excavation/lot preparation, footing foundations, well, drain the and waterproofing basement Framing, joists, sub floors, exterior sheathing, roof,,Mndows and exterior doors Rough in electric, plumbing, heating system and rough in drywall Exterior brick, siding, walks, stoops, driveway, fireplaces, flooring, interior doors, trim, hardware, kitchen cabinets and tops Outside paintistain, interior decorations, finish electric, heating, plumbing, septic, air conditioning, gutters, downspouts, finish grading, sod/seed and landscaping. Fully completed and ready for occupancy. Signature of Acceptance: Date fo??'?T Signature of Acceptance: Date WitnessE Date 10-7 Signature of BuZ???? Date Witness: Date -? Contract price quote good for 45 days from beginning of contract. After the 10% deposit, price will remain in effect for a months. ,q w 1111212007 17 24 FAX 717 245 2255 RE/MAX STERLING ASSOC. ['? 014/016 IAAr% '`. MrWL N & SONS CONMUCT? N, LLCO 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 5124.599 Fax: (717) 243-9333 ALLOWANCES, UPGRADES & EXTRAS Name: Duane Donison Address: 159 Ringneck Drive Harrisburg, PA 17112 Telephone: Ruth Osborne - Realtor (732) 513-7127 Description: Chandler Model - Crawl space, 3 car garage on comer Lot #16 NOTE: If the actual costs of the items listed below are more than the allowance provided, buyer is responsible for the outstanding balance. If the actual costs are less than the allowance provided, Madison and Sons, LLC will only charge for the actual cost of the item(s). Additional conduit for electric service is not included in allowances. Standard conduit distance for service line in Red Oak Estates Is 48 feet. Additional power hook-up fees are also considered extra. Allowances: Excavation Limestone $ 3,800-00 (at)*** Well/ m 1 well, 1 um $ 3,800. 0 iese.i*** Grading (landscape) $ 1,200.00 (.a.) Lawn seed! /shrubs $ 400.00 eat Blackto i (Rough and final cost u to 500 square feet $ 2,000.00 ast.) Sidewalks (Contractor will supply 1 walkway from front of house to driveway not exceeding 25 feet and a 3 foot sidewalk in front of the home across the entire lot) (Additional footage extra $ 2,400.00 (eat) LI htin fixture allowance $ 1,300.00 Cabinedvan' allowance Kitchen & Bath $ 5,000.00 Counterto vani to allowance Kitchen & Bath $ 1,100.00 Floorin allowance - Hardwood Tile & Carpet $ 6,480.00 Exterior stone allowance $ 3,100.00 Appliance allowance $ 2,350.00 Plumbing fixture allowance: faucets, toil ts, kkch n sink, Id hose bib & garbage disposal,, $ 1,900,00 Bui der 1 CRE1 Buyer 11/12/2007 17.24 FAX 717 245 2255 RE/MAX STERLING ASSOC. Permits/Utiliti®s/Hook-Ups. Z 015/016 Closet allowance $ 1,200.00 Heating system $ 6,500.00 Power di in cost $ 1,000.00 Sewer hook-up $ 1,875.00 (est) Sewer permit $ . 2,445.00 (ast) Bulidln permits & subdivision $ 1,065.00 Extras/Upgrades/Alterations: Drivewa turnaround and extra paving for 3rd garage $ 1,150.00 Side steel door to exterior from garage $ 185.00 Outlet for freezer No charge Extra hose bib in rear No cha e Gas Nne to patlo o charge TOTAL $ 1,335.00 *** Pricing will vary with each )ob. Basement excavation may cost more (see Rock Clause below); so will well, rather than public water and sewer. ***` ROCK CLAUSE - Blasting/drilling is not included in bid and will cost homeowner additional funds. Homeowner will be contacted prior to any blasting. * *** WELL DRILLING CLAUSE - In drilling, any well depth will vary and quality of water will vary. We do not expect not to hit water, but it may take more than one well (at homeowner's expense) to meet the household needs, CHANGE ORDERS - Prior to construction, all changes will be materials and labor only; during construction, it will be $500.00 plus materials and labor. Buil r 2 BuXer `t , 11/19/2007 17.24 FAX 717 245 2255 a? Z a fi F E 1r? V1 9 4 n 1 ro A?z ,-kit RE/MAX STERLING ASSOC. 1 JN E -7 t S, (? 016/016 MADMON 9ONS CONSTRUCTION, LLC. 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717) 243-9333 "We Make Your Dreams A Reality" ONE 01 YEAR =6 Homeowner's Name: A a_ r i )c> Dryw cracks in corners room #1 B om #2 Maste Master Bath #1 Hallway Stairway KitcherdUning Living Room Bath #2 Loose door knobs (please list): Doors that are loose or jiggle (please list): ]HR-QUO8 CH19Q6WST C r Phone* Drywall screw pops (Mark lightly with pencil) Bedroom #1 Bedroom #2 Master Bedroom Master Bath Bath #1 Hallway Stairway Kitchen/Dining Living Room Bath #2 Kitchen doors that do not close or operate Siding that is loose or missing (please list location): list): Outlets or switches that do not work properly (please list Plumbing drips or loose conne6ti6ns (pleasNist): This one year home warranty covers aesthetics and comrno mechanical insufficiencies that occur in the first year at a new home resulting from settling.... We do not cover wear and tear items do to misuse or abuse. Exterior wood that has not treated within the first six months is the responsibility of the homeowner. G r? uosspeW r 40.40;n d60:01 LO irZ 4 a Homeowner must provide builder with ceiling paint and wall paint to repair cracks in drywall. Builder is not responsible for paint that does not match. Paint # Waft Paint # CeftV Please complete this worksheet and return it to the address listed in the heading five (5) days. We will call you to schedule an appointment for your one year walk h after we receive the worksheet. adison and Sons Construction is proud to provide quality homes to our buyers. Please free to make any comments on your new home including floor plan, doors, windows, clb?ines, etc. i Again, thank you for purchasing a Madison and Sons home. E'd L9*T-6*,2-LIL-T uosipew r 40401n -1E0=21 1..0 i"Z '40r Johnson, Duffiie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com DUANE DONISON 2 Marcella Way Carlisle, PA, 17015, Plaintiff V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants Attorneys for Plaintiff ?2 -ri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3975 CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, DUANE DONISON, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., and files this Reply to Defendant's New Matter by respectfully stating the following: 1. First Defense. Denied. The averments contained in the paragraph titled First Defense are conclusions of law to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 2. Second Defense. Denied. Mediation clause in the standard agreement for the sale of new construction does not preclude the initiation of an action by way of complaint. 3. Third Defense. Denied. The averments contained in the paragraph entitled Third Defense are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 4. Fourth Defense. Denied. The averments contained in the paragraph entitled Fourth Defense are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 5. Fifth Defense. Denied. The averments contained in the paragraph entitled Fifth Defense are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. 6. Sixth Defense. Denied. The averments contained in the paragraph entitled Sixth Defense are conclusions of law and fact to which no response is required. If a response is deemed to be required the averments contained therein are specifically denied. WHEREFORE, Plaintiff, Duane Donison respectfully requests that the New Matter of the Defendant be dismissed and judgment be entered in his favor. Respectfully submitted, JOHNSON, DUFFIEJ;TEWMT & WEIDNER By: r Mlark C. Duffie 301 Market Stre P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 29th day of March, 2012, addressed to the following: Babette L. Madison 3147 Spring Road Carlisle, PA 17013 JOHNSON, DUFFIESTEWP, 8kWEIDNER By: Mark C. Duffie 489905 41 BI ON u r K ULAKIS L i P? 2. ? Jason V. Kutulakis, Es wre y Attorney T.D. r 80411 2 West fIlgh Street ?M _, 'S' _ V j/ PeT? t/?L iJ Carlisle, PA 17013 N14 ? (717) 249-0900 DUANE DONISON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLV. VS. : NO. 11-3975 CIVIL TERM PENNSYLVANIA BUILDERS AND DEVELOPERS, LLC AND MADISON & SONS CONSTRUCTION, LLC Defendants CIVIL ACTION -LAW TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendant, Madison & Sons Construction, LLC, the above-captioned matter. Respectfully submitted, ABOM & KUTULA"S, LLP DATE ?_/?_/z Jf on P. KA lakis, 2 West High Street Carlisle, PA 17013 (717) 249-0900 ID No. 80411 AND NOW, this 13" day of July, 2012, I, Shannon Freeman, of ABOM & LLP, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Mark Duffie, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Plaintiff And Babette L. Madison, Esquire 3147 Spring Road Carlisle, PA 17013 Counsel for Defendant, Pennsylvania Builders and Developers, LLC ABOM & KUTULAKIS, LLP DATE S on Freeman , k Johnson, Duffie, Stewart & Weidner , By: Mark C. Duffie , I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com ..� DUANE DONISON IN THE COURT OF COMMON PLEAS OF 2 Marcella Way CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff NO. 11-3975 V. CIVIL ACTION PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes the Plaintiff, DUANE DONISON, by and through his attorneys, Johnson, Duffie, Stewart &Weidner, and files this Motion for Leave to Amend Complaint, and in support thereof avers as follows: 1. .On December 12, 2011, the Plaintiff filed a Complaint seeking damages for negligent construction of the Plaintiff's single family detached residence. 2. The Defendants were duly served a copy of the Complaint. 3. On March 9, 2012, the Defendants, by and through their counsel, Babette L. Madison, filed an Answer and New Matter to Plaintiffs Complaint. 4. Shortly thereafter, the Defendants retained Jason P. Kutulakis as counsel. 5. At that time, Attorney Kutulakis contacted counsel for the Plaintiff and requested leave to amend Defendants' Answer and New Matter pursuant to Pa.R.C.P. No. 1033. 6. On August 31, 2012, the undersigned counsel for the Plaintiff entered into a written Consent to Amend Defendants' Answer and New Matter on August 31, 2012. 7. During the course of the Plaintiff's investigation as to the condition of the property, Plaintiff consulted with other contractors and subcontractors with respect to the condition of the property. 8. In the spring of 2013, the Plaintiff retained the services of Brehm-Lebo Engineering, Inc. to review the construction and condition of the subject property. 9. As a result of Brehm-Lebo Engineering, Inc.'s investigation of the property, Brehm-Lebo Engineering, Inc. prepared a report dated April 25, 2013. 10. As a result of Brehm-Lebo Engineering, Inc.'s report, the undersigned counsel for the Plaintiff requested of counsel for Defendants leave to amend Plaintiff's Complaint. 11. It is believed and therefore averred that the results of the Brehm-Lebo Engineering, Inc. report would provide a basis for additional counts to the Complaint under the Pennsylvania Unfair Trade Practice and Consumer Protection Law. 12. The undersigned counsel for the Plaintiff made a request for leave to amend Plaintiffs Complaint and counsel for the Defendants denied said request. 13. Granting the relief requested by the Plaintiff would fulfill the policy of the Pennsylvania Judicial System of favoring liberal leave to amend pleadings. 14. No judge has ruled upon any other issue involved in this matter. .f j WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter an Order granting Plaintiff leave to amend his Complaint to include a count under the Pennsylvania Unfair Trade Practice and Consumer Protection Law. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ` Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :571419 Y CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and corre Plaintiffs Motion for Leave to Amend Complaint b depositing co United States Mail at Lemoyne, Pennsylvania, with first-class a copy of same in the fir _ copy of the foregoing day of August, 2013, addressed to the following: st class postage prepaid on the Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 JOHNSON, DUFFIE, ST WART& WEIDNER By: Mark C. Duffie DUANE DONISON, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • • PENNSYLVANIA BUILDERS & • DEVELOPERS, LLC, AND MADISON & : SONS CONSTRUCTION, LLC, DEFENDANTS : 11-3975 CIVIL TERM ORDER OF COURT AND NOW, this I day of August, 2013, upon consideration of Plaintiffs Motion for Leave to Amend Complaint, a Rule is issued on Defendants to show cause why the requested relief should not be granted. Rule returnable twenty-one (21) days after service. By the Court, 7.X77*r47/T. Albert H. Masland, J. ✓ Mark C. Duffie, Esquire For Plaintiff ,,Jason P. Kutulakis, Esquire For Defendants d :sal „J. I` C'''am L. OM THE PRO f l ioud A;a ': & 2013 SEP 10 PM 3: 39 Jason P. Kutulakis,Esquire Attorney I.D.No:80411 CUMBERLAND COUNTY 2 West high Street PENNSYLVANIA Carlisle,Pennsylvania 17013 (717)249-0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS 2 Marcella Way : OF CUMBERLAND COUNTY, Carlisle, PA 17015 : PENNSYLVANIA Plaintiff v. : NO. 11-3975 CIVIL : CIVIL ACTION—LAW PENNSYLVANIA BUILDERS & DEVELOPERS, LLC • 337 Lincoln Street • Carlisle,PA 17013 • And • MADISON & SONS • CONSTRUCTION, LLC • 3145 Spring Road Carlisle, PA 17013 Defendants RESPONSE TO MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, this 9th day of September, 2013, comes the Defendant, Madison & Sons Construction, LLC, by and through its attorney,Jason P. Kutulakis, Esquire of Abom&Kutulakis, LLP, and files the within Response to Motion for Leave to Amend Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Defendant is without knowledge to confirm or deny what Plaintiff did during the course of his investigation into the condition of the property. If an answer is deemed required, Defendant specifically denies this averment. 8. Defendant is without knowledge to confirm or deny what services Plaintiff retained. If an answer is deemed required, Defendant specifically denies this averment. 9. Defendant is without knowledge as to the result of the Brehm-Lebo Engineering investigation of the property and any such report. If an answer is deemed required, Defendant specifically denies this averment. 10. Admitted. By way of further answer, Defendant believes that allowing Plaintiff to amend the Complaint to include additional counts prejudices Defendant as the statute of limitations on these matters has already expired. 11. Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 11. By way of further answer, Defendant believes that allowing Plaintiff to amend the Complaint to include additional counts prejudices Defendant as the statute of limitations on these matters has already expired. 12. Admitted. By way of further answer, Defendant believes that allowing Plaintiff to amend the Complaint to include additional counts prejudices Defendant as the statute of limitations on these matters has already expired. 13. Admitted. By way of further answer, allowing Plaintiff to amend the Complaint to include additional counts prejudices Defendant as the statute of limitations on these matters has already expired. 14. Admitted. WHEREFORE,in consideration of the foregoing, Defendant respectfully requests that the Court deny Plaintiff's Motion for Leave to Amend Complaint. Respectfully submitted, ABOM&KUTULAKIS, L.L.P. Date: I0A).& By: vu...." C Jason P. Kutulakis, Esquire Attorney ID No: 80411 Abom & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 facsimile CERTIFICATE OF SERVICE f> ��� AND NOW, this day of 11b-ei - , 2013, I, Shannon Freeman of ABOM & KUTULAKIS, LLP,hereby certify that I did serve or cause to be served a true and correct copy of the foregoing DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT via United States First Class Mail addressed as follows: Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney Jr o Plaint sShlaklik_ 19A-airtC44) nnon Freeman DUANE DONISON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC, AND MADISON & : SONS CONSTRUCTION, LLC, DEFENDANTS 11-3975 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2013, upon consideration of Plaintiff's Motion for Leave to Amend Complaint and Defendant's Response thereto, it is unclear from the pleadings if and when the statute of limitations has expired. Therefore, we afford the parties a period of forty-five (45) days from this date to conduct depositions and augment the record. Thereafter, the court will hear argument on the motion on Tuesday, November 19, 2013, at 1:30 p.m., in Courtroom Number 1, with briefs due in chambers five days prior to the argument. By the Court, Albert H. Masland, J. Mark C. Duffie, Esquire , For Plaintiff c =� /ason P. Kutulakis, Esquire For Madison & Sons Construction, LLC y c :sal DUANE DONISON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PENNSYLVANIA BUILDERS & DEVELOPERS, LLC, AND MADISON & SONS CONSTRUCTION, LLC, DEFENDANTS 11-3975 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2013, upon consideration of Plaintiff's Motion for Leave to Amend Complaint, Defendant's Response thereto, Brief of Plaintiff in Support of Motion for Leave to File an Amended Complaint, and argument on the matter, Plaintiff's motion is hereby GRANTED. The statute of limitations for private enforcement actions brought under Pennsylvania's Unfair Trade Practices and Consumer Protection Law is six years, Gabriel v. O'Hara, 534 A.2d 488, 494-96 (Pa. Super. 1987), and therefore Plaintiff's claim is within the statute of limitations. Plaintiff shall file an amended complaint within twenty (20) days of this Order. By the Court, Albert H. Masland, J. ✓Mark C. Duffie, Esquire For Plaintiff c ✓Jason P. Kutulakis, Esquire '`' For Madison & Sons Construction, LLC COP-,es 'leo( Ill .c- Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com DUANE DONISON : IN THE COURT OF COMMON PLEAS OF 2 Marcella Way : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff • NO. 11-3975 • v. • CIVIL ACTION • PENNSYLVANIA BUILDERS & • DEVELOPERS, LLC • 337 Lincoln Street Carlisle, PA 17013, =pi r, _ and r- MADISON & SON - S 7,7 CONSTRUCTION, LLC --� 3145 Spring Road PA 17013, Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acciOn dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaciOn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i { s Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com DUANE DONISON : IN THE COURT OF COMMON PLEAS OF 2 Marcella Way : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff : NO. 11-3975 v. CIVIL ACTION PENNSYLVANIA BUILDERS & DEVELOPERS, LLC • 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants AMENDED COMPLAINT AND NOW, this day of December, 2013, comes the above-named Plaintiff, DUANE DONISON, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files this Amended Complaint against the Defendants listed above and in support thereof avers as follows: 1. Plaintiff, DUANE DONISON ("Donison"), is an adult individual currently residing at 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Defendant, PENNSYLVANIA BUILDERS & DEVELOPERS, LLC ("PA Builders"), is a limited liability company duly organized under the laws of the Commonwealth of Pennsylvania with a registered address of 337 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant, MADISON & SONS CONSTRUCTION, LLC ("Madison"), is a limited liability company organized under the laws of the Commonwealth of Pennsylvania with a registered address of 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On or about November 9, 2007, Donison entered into a Standard Agreement for the Sale of New Construction with PA Builders pertaining to Lot No. 16, Red Oak Estates with a municipal address of 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. A true and correct copy of the Standard Agreement for the Sale of New Construction is attached hereto and incorporated herein as Exhibit A. 5. On or about November 6, 2007, Donison entered into a Construction Agreement with Madison pertaining to the construction of a single family detached residence on Lot No. 16, Red Oak Estates. The model was known as "The Chandler" model. A true and correct copy of the Construction Agreement is attached hereto and incorporated herein as Exhibit B. 2 6. Both PA Builders and Madison agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model on Lot No. 16 for a total consideration of Two hundred thirty thousand three hundred thirty-five ($230,335.00) dollars. 7. The Plaintiff has fulfilled all of the provisions of the Standard Agreement for the Sale of New Construction and Construction Agreement on his part to be performed. 8. The Defendants have not fulfilled the provisions of the Standard Agreement for the Sale of New Construction or the Construction Agreement on their part to be performed. 9. Defendants have wholly neglected to do and perform certain things which were expressly or by necessary implications required to be done and performed by the Agreement as follows: 10. The Defendants have performed in a poor, improper and unworkmanlike manner certain other things which were expressly or by necessary implications required by the Agreement to be done and performed in a proper and workmanlike manner, as follows: 3 a. Throughout the residence, the walls and ceilings were constructed but are not level and plumb. In some cases, the walls are one to two inches off plumb, which causes the following conditions: (i) Base boards are separated from the wall in certain places and drywall is cracking along the ceiling/wall junctions throughout the home. (ii) There are crooked door frames throughout the home, which causes difficulty in opening doors and undesired airflow throughout the home. (iii) The Pergo floor is separating at the joints. (iv) The kitchen cabinets are separating from the wall and the countertop is not square/flush with the wall or cabinets below. (v) The fireplace mantel is separating from the wall. (vi) There is a 2X4 truss web member in the attic that is split and has a splice attached. (vii) There are cracks in the slab in the garage. The concrete floor is cracked around the sump pump and there are minor cracks in the poured concrete foundation walls. b. The electrical work done on the residence by the Defendants failed to comply with the National Electric Code Section 1110.14(B) as the Defendants failed to properly ground the outlets and switches. 4 Imimmommommomim There were 86 outlets corrected, 49 ceiling lights corrected, 46 light switches corrected and 5 smoke detectors corrected. c. The blacktop driveway that was installed by the Defendants is cracking and sagging as the Defendants failed to compact the ground before installing the same. d. The Defendants improperly installed the flashing on the plumbing stack on the roof. e. The latching mechanism on Bilco doors accessing the crawl space in the property were not properly attached allowing water to enter the crawl space. f. On the exterior of the residence, in a number of places, the vinyl siding was installed improperly. Head flashings are missing, metal wraps are open to weather and several open areas in the siding. g. The storm door at the main entrance does not latch or lock properly. h. The sliding rear door to the property is not framed properly and as a result the door is difficult to close and/or lock and the weather stripping was not properly trimmed. i. Due to the improper framing of the house and/or insulation and mounting of the garage doors, the garage doors when closed do not seal against the concrete floor allowing water to enter the garage. Further, the concrete floor is uneven and the framing around the garage doors is too wide which allows air to come into 5 the garage and creates a separation between the garage door and frame. j. The concrete slab which is the foundation's slab to the property is humped and the floor is cracked. k. There are a number of areas where there is separation between the bottom of the sill plates and the foundation wall. The sill plate is improperly anchored to the top of the foundation wall and the anchor straps fail to comply with building codes and are insufficient to prevent the home from lifting off the foundation in the event of an extreme storm event. With respect to the floor system, the steel beam supporting the I joist is not properly anchored to the sill plate. The steel beam needs to be properly anchored to ensure against uplift and lateral displacement. m. The garage slab in the central and exterior garage bays is cracking and heaving as a result of improperly compacted soils and/or improper concrete curing or mixture. n. The drywall at the ceiling/wall locations are separating throughout the house. The interior walls are not properly fastened to the truss bottom chords in violation of local building codes. Further, there are several intersections of walls and ceilings where no joint pound is present resulting in visible cracking. Further, there is a gap at 6 some of the intersections as a result of installing the ceiling panels after the wall drywall panels are installed. o. The roof system and trusses were connected with toe nails over the living space rather than hurricane ties installed at each truss bearing location in violation of local building codes p. The vinyl siding is separating at joints and exposing the underlying sheathing. As a result, it is evident that the Defendants failed to install a water-resistive barrier over the sheeting material as required by local building codes. Further, the vinyl siding panels are improperly fastened by nails providing no means of proper expansion resulting in warping or buckling. q. The laminate wood flooring and the base cabinets were improperly installed. The base cabinets were installed on top of the laminate flooring which does not allow the flooring to expand and contract due to temperature changes. r. Many of the doors throughout the property are out of plumb and do not function properly. This is a result of the doors and the door openings being improperly installed and constructed and, as a result of the Defendants failing to use shims to keep the doors square and plumb. s. The Defendants' failure to properly construct the home as outlined above results in wind forces and other natural forces continuing to cause damage to the home and the property. 7 M t • 11. The Defendants have failed and refused, and still refuse, to cure the aforesaid breaches despite Plaintiffs repeated demands. 12. The reasonable costs of remedying the aforesaid breaches is in excess of the arbitrable limit in Cumberland County. COUNT I BREACH OF CONTRACT DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA & DEVELOPERS, LLC 13. Paragraph's 1 through 12 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 14. Plaintiff contractually engaged the Defendants, PA Builders and Madison to build the residence in question. 15. Defendants breached their written contract for failing to comply with applicable building codes, deviating from plans, using inferior materials and failing to meet industry standards. 16. Defendants breached their written contract as set forth above and, as a result, the Plaintiff suffered damages to his home. Plaintiff's home has substantially diminished in value due to Defendants' breach of contract. 8 17. Plaintiff will continue to suffer additional damages until the aforementioned deficiencies are remedied. WHEREFORE, Plaintiff demands judgment be entered against Defendants for damages in an amount in excess of the limits for compulsory arbitration and such other relief as this Honorable Court deems appropriate. COUNT II BREACH OF IMPLIED WARRANTIES DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 18. Paragraph's 1 through 17 of Plaintiff's Complaint are incorporated herein by reference as'if set forth in full. 19. Implied warranties of habitability and reasonable workmanlike construction arise upon executing a contract for construction of a residential dwelling. 20. Upon executing a construction contract with the homeowner, the contractor impliedly warrants that the house will be constructed in a reasonable workmanlike manner and it will be fit for habitation as a residential dwelling. 9 21. As such, under Pennsylvania law, the Defendants must provide to Plaintiff a residence that is constructed in a reasonable workmanlike manner and is suited for residential dwelling. 22. As plead, the Defendants have breached their warranty of habitability through their inadequate and unworkmanlike planning, design and construction of the property which have caused significant damages to Plaintiff's property which continue to become more severe. WHEREFORE, Plaintiff demands judgment be entered against the Defendants for damages in an the amount in excess of the limits for compulsory arbitration, prompt and complete remediation and such other relief as this Honorable Court deems appropriate. COUNT III NEGLIGENCE NEGLIGENT CONSTRUCTION DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 23. Paragraph's 1 through 22 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 24. As plead herein, the Defendants development and construction of the Plaintiff's property was negligent. 10 25. This negligence has caused serious injury to Plaintiff's property, both through structural damage, subsistence, and related property damage as well as severely decreasing the value of Plaintiff's property. 26. The necessary repairs to the property to correct the ongoing damage caused by Defendants' negligence are estimated to be substantial. 27. The Defendants' negligence is the cause of the structural damage, subsistence and foundation cracking of the property resulting in damage. 28. Plaintiff advised Defendants of their negligence and the damage to the property cause thereby, however, Defendants have failed to make any permanent and effective corrective measures. 29. Defendants' conduct in failing to correct the defects in its development and construction of the property has caused and will continue to cause severe structural damage to Plaintiff's property unless abated. WHEREFORE, Plaintiff demands judgment be entered against the Defendants for damages in an the amount in excess of the limits for compulsory arbitration, prompt and complete remediation of their common law negligence and such other relief as this Honorable Court deems appropriate. 11 COUNT IV UNFAIR TRADE PRACTICE DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA BUILDERS AND DEVELOPERS, LLC 30. Paragraph's 1 through 29 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 31. The Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL") provides that it is a violation to make "repairs, improvements or replacements on tangible, real or personal property of a nature and quality in failure to or below the standard of that agreed to in writing." 32. The UTPCPL also provides that it is a violation to engage in "fraudulent or deceptive conduct which created a likelihood of confusion or misunderstanding." 33. As pleaded, the Defendants utilized materials and provided services that were inferior to those commonly provided in the industry and in violation of local and building codes. 34. As pleaded, the resultant structure constructed by Defendants is below standards agreed to in writing. 12 35. Defendants were issued an occupancy following municipal inspections of the property for materials and labor that failed to meet local building code requirements. 36. As a result of Defendants' fraudulent and/or deceptive conduct, the occupancy certificate was issued and the home sold to Plaintiff. 37. The Defendants knew or should have known that the product was in violation of local building codes. 38. When presented with the list of issues or problems Plaintiff was experiencing with the structure, Defendants failed to disclose or reveal the design and construction deficiencies. WHEREFORE, Plaintiff demands judgment be entered against Defendants in the amount in excess of the limits for compulsory arbitration in Cumberland County for compensatory and treble or punitive damages, recovery of litigation costs and 13 reasonable attorney's fees and such other relief as this Honorable Court deems appropriate. Respectfully submitted, JOHNSON, DUFFIE, ST RT & WEIDNER By: Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :596510 14 VERIFICATION I, Mark C. Duffie, attorney for Duane Donison, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. �� G Mark C. Duffie Dated: 1t' I '13 15 v , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the It " day of December, 2013, addressed to the following: Babette L. Madison, Esquire 3147 Spring Road Carlisle, PA 17013 and John P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART WEIDNER By: "Virk C. Duffie • 11/12/2007 17:2,1 FAX 717 245 2255 RE/MAX STERLING ASSOC. 1 002/016 • •. ". , 4 W:M .A f ,.STALE OF NEW CONSTRUCTION A/S-NC llatsronnmammnaea maepprave4fr, gneaiatiam ew by,the mcm6ae oft Pees ytvaoiaAseooi.tion of REALTOR2*U'Alq. Z. • .R'S':,4h tea3•-'i,,,fielrAgsiNS191'?R'YfIRP'A - ENNA)BR1 R . • • l4CARIC 153.I ' /..= • •v. ! i -.' —s PONE 7/7–. ----id/AV tB lilS'ffi'A rrai°'•FOR.SEL'LE :Dt 4, `ted Agent(a)to Seiler; if ep•t cattier.- . • . .. . ,.,•, .OR.;: • 'r.• fEGti+4e " •ed:rea co.,•ad[?EC.eR*- , . . i' ttkertis NOT the Agent far Seller antis arm CI AQENT•FOR&U" R 0 TRANSACTION I10ENsEE- • • . • :.el,• R'S B S t.:s.....E L•T><ONNBIP.' k'.A LICENSED SRO r y .�7 • ,+� r y •a O# t jCsm /�AV,p�y: - .�•.-E,t�"p-�, a•�'�i �• !?� , . •PHflni-✓/!^ reel C8) i AIMLESS J1i ri.,,eLri9JKSMi 721 41112,1, SJIS�' FAX /-7/7--.V c' c)" ■•-• ..r$ f:aCR IS THE¢G;&NT,BOR B s: Design..>.•Ag�nto a:;as, ,I spplicsjll0: . .. • , •tSroker.is NOT,the Agent-for Bayer and 1s a/att: ❑•AGENT.FOR SELLER•D.SUBAGENT f+OR SELLER ❑TRANSACTION LICENSEE t Wings the Same Broker Is Ageatifar•Sefer and Agent forfuyer Broker Is a Dead agent All ufBrolcer'a ilceneeee are abo Daal Agents MUSS r..th seperaieT4ea!glisted4teriia for Buyer add Seller.'Ii the seine Licensee lvdeslgnatt �►,^� for•9 eller imdBuy,.he t,'l cebsee is a DuaIAgent 1 4 B 9EZfQfGt,'doped a! ,is between , SELLER/HUZ37ER: wo . �.�/A ��r r f.s.- i t ! . U. -, _..__ • ea •• • .a,J,t•►�.1:._' • iC • .. i.: .• �c• • :milled ..A• -STFY'ER(S)r . .717 des , - . • • - `Seller"and s -••fo . - 1111,2 ft 74!;/,r! ,Slit i ../LLB. • ir:-. «Y.I}' S*1071--f _ called'Buyer." 6 ::. S PROPPRi (110) / - --/;f. 4. 6 ,• i' Seller hereby Agrees to sin and.conveytt*Buyer,wbo.herebyagrees to purchase: . . ,. • . ,. .. 7 , •s- • • AI I.,WHAT.CERTAIN lot: see of un/d bull .end;improvements tae be erected therton,41 any,lopow:n as;.. .. . 5 AP Ialamaof Subdivision ��, �! le i„ Phase Z_. 9 . io. Lott•• . fdodel /j-��p,01,1 e�! !'i 10 . it Street Address Q/�/J� ""}'` , > 11 . 12 ,In th of _ >_,__ C f_ _ 12 13 County of the Commonwealth of Pennsylvania,,Zip Code r y ' 13 14 Identification(a.g.,Tai 1D11),Pce1.t6;-Lot andAldclq Plan Refit V me,Page;Deed Book,Sage,Recording Date)_ 14 is `/ 1 d ?� 4� to •is 3: Pi]RCHASE PRICE(ILO) . . •, . . . is • tr (A) Totai•Pttrchase Price / _9,3 17 to _IL&Dollars to to which will•he pall to Seller by Buyer au follows: • - 15 •m (B) Base Pax' $ • 20 21 ' • (C) Lot PrrniYaaa,-ikey •Pef id a•-• - S • G'j.,I - 21 22 (D) 'iota]Options/Extrae/Altcrations(sea attached addendum) $ `^- 22 23 . . . . TOTAL.PLIRCSASE PRICE.S .��J + _� b .24 4. PAYMENT TERMS(1.02)• e, - .., .• 24 25 (A) Cam or check et aignieg this Agreement: .. • • o.I - ,i'e. _ $•4-5-.46, '43 26 ' 26 (B) Cash or check within days of the execution of this •:••,• • S L Et 20 . 2/ (C) Non•refondable pre-paid opdaodestru/alteratlens paid to Seller on or before $ 2r 9s (D) S � N ZO m $ C/ as as . 3 se• 31 . Cash,ca.s145's or certified check et time of settlement: $ `3 a2 TOTALPURCBASE PRICE 's . b� S n "es (F) Deposits paid on account of pureha4e price to be held by Backer for Sella,unless otherwisee stmed,here: 33 44 35 (0) Seller's written tipptuvel to be on or before: • u 3e '(H) Conveyance item_Seller Willie by fee simple deed of special warranty Orders otherwise stated here: as 17 - TT 3e (i) Payment of tern*.taxes win be didided equally between Buyer and Seller mime otherwise stated here: m as 39 40 (I) Attiroe of settlement,the following will be adjusted pro-ram on daily basis between Buyer and t;fileit mitibtme.MEr where applicable;taxes; 4 41 rants;condominium fees and homeowner association fees,tinny;water ml/or sewer fees,if any,together with any other Ratable mumei- 41 42 ,psi service.The elierges are to be pro-rated for the period(a)coveted:Seller wilt pay up to and including the date of settlement,Buyer will 42 • 43 •pity in days following settlemen *era t; a otherwise stated hero: 44 , ,fo"r 44 45 S LiLE OF CONSTRUCTION(11-00) �Y 49'' (A) Commeneeineut Dater Seller estmatee that Seiler will eeemence construction oar or about LYGt pj/�/ a9 .Seller 4s . 47 means the tight to delay commencement of construction until Buyer has rtceived and arirmed a valid-mortgage'coinmimmm in accordance 47 4s afith Paragrsph G. 48 ''42 Completion Dated Seiler•estimates conviction of amettvcfien On or abpaa . /Cefd?'- / c a�OQ� .Buyer 49 so esti rapbrinwledgestbet.theaboveeshmatcdtimeofcompletionon'theps:tofSollcriemadedveneceom modationtoBuyertoassistBuyer , se *Si •in fotmnlipiing Somre plans However,if oomm4loement,completion,and/or settlement acede)ayed,due to melement weather,strikes,delays Si 52 • ' -in'iesoance of perimits,tinnvaalal•;thty of}sbsor or materials,or any other reason beyond'Seller's control,such times and settlement hereunder 52 53 will be automatically extended accmr3mgly and time is not deemed ito•be of the Mince. • • to 64 (C) Settlemeatr Settlement hereunder will beheld on a date which is within 10 days(unless otherwise specified here ) . 54 56 after Seller supplies Buyer with a written notice of settlement,However,at the tins of settlement,the house and premises will have been 53 . to substantially completed.If the municipality or governmental authority requires a Use&Occupancy permit,Seller will provide one at 66 s7 settlement sr 5s ,:user Initials:. • .ice A/S-NC Page I of 6 seller Initials: I'1 v 1f,��'s se a COYYRIGST YEN NSYLVAN IAASsOczAuuoN OFn6S i'ORBm 2064 1e -. ,�,_,_ ,,�,, "°4 Enclosure • . . e. 11/12/2007 17:21 FAX 717 245 2255 RE/MAX STERLING ASSOC. BJ003/01S as u mvtttt.:e►tic a vrYlll tt:15.NLA tr-trtl , • - s, op 0 WAIVED.This side is NOT contingent tin mortgage financing. e0 n AK ELECTED Bt e2 (A) This sale is contingentupnn Buyer o m e fidartlgas i 1ldws:" se a9' 1: Amonat of.mortgagcdean'S•:-y > "'� 03 a► 2. bfim>mrm Tctm ✓ yf�s r- f as 3. 'type of utetlgagc Coq l�/ffjP*1L1�� i l l f L�'Q12 a' ss 4. Interest rated arc %>&veneerer B'•e Oil becept'the4nierdat rate as maybe committed by the mortgage lender,tatty es s7 rotted a maximum interest rate Of• . %. et ea 5. Biseceat pbiats,'loan dtigulabon,!ben placie eot and other Y'eta c'basge:d by the lender he a percentage'of the'mortgage lean(excluding 6a es any merlgege insurance premittane Or VA funding''fee)tenth eitcaed'not'o T.XOeed %(0%if not speci$eti of thh mortgage'loan, 60 70 The interest rate and fees provisions required by Buyer are tattered if a mddgage'leatlarmakes available to Beyer die flg(itin gaarsdte¢an 75 71 interest rate at or below the Matzmnm Interest Rare specified herelitwith the percentage fees at or below the amount specified herein.Beyer 71 72 SeAer the rigli;'at Seller a sole option and as permitted by he tnoeigttga'iehbet hid epplicable'laws,'ty aontithdto fioancx y;4:41 a 72• 73 premise of reimbursement,to thd$ityer end/dr iendartb'tnake el h'above tetma available to'Bn'er. �9 74 (B) Wirttia 10 days of the exenotion of this Agreement,Buyerwill wake a completed,Witten Mortgage pliom3oa`for'tlie tttertpnge tfsms'speci- '74 76 fled above to a tesponeible mortgage lender.The Brolter for;aeryer,if arty,otherwise the:Broker far Seller,is authorized to communicate 79 79 with the mortgage tender teeth; res&Y using in tfie4ao j ildiptoresa. ' . - 7e 77 (C) 1. Mortgage rammlmtettt Otte /V4)/3 . written commitment is not received by Seller by the ebove•date, Tr it end Seller agree to extend UM mortgage 4.°mrdimseat rtiate untl Seiler' '�Rgedbment''in Witting by dddtea'.to )gc 76 79 2. Upon receipt of a mortgage eemntimtent,Buyer will.promptly deliver a copy of the commitment to-Seller: 79 m .3. Seller has the option to terminals this Agreement in?writing,oe or after the mortgage commitment date.if the mortgage commitment • as • 91 a. Minot valid urea the dole of settlement,OR et et b. Is conditioned upon the sale and settlement of=rather property,OR n el c. Contains any otheecondition not specified-e this Agreement ea 94 4. In the evert Seller does not terminate lhie'Agrwnent aspmvidod above.Buyer has the.option to terminate this Agreement in writing if 04 is the mortgage commitment . 54 as a, se not obtained by or v l idutttil tlte,d�se entitlement,OR . • 05 27 b, Is conditioned Mon the ea e'and eetllen'eht of'anr)utter peopeXty whisll de not oceta byelte.dase of settlement OR 57 a c. Cattails snyrOffier erddili'n not specified in this Agreement which Bemis unable.m satisfy,by the date of nd*tm� • 99, se 5. If this Agreement is temp as epcfiied in paragraphs 6,(C)(2),(3).or(4),elldeposit reordempeid on accatm,of porehese price will IS 09 be returned to Boyce Buyer will beeesponaiblefot any premiums formechanlss lien immune=end/or title search,or foe for eaccelLfion. 90 ,at ereante,if any,AND/OR any premima=fttfltod•ihaarante'and/brfire insurance with extended covierage,ine neebindar.chargtsgr.egn- .le re collation fee,ifenyi AND/OR men appraisaltees.end&nee paid ixt advance to moclgag4:ender. . . .• . , • • , 02 as (D) Senor'will not be responsible to Buyer or Buyers%moregege•lends,to escrow any s..for•anyreason.In the event Buyer:a mortgage/ceder: •e3 sec requites an esaow offends ue a contrition to complete settlement,tben.Beyer agrees to prni ide sneh,airuaw fonds and complete settlement :93 is buemlda as specified in this Agreement This paragraph will survive settlement , . • M' as (B) SeBerAssiat ss 97 '. NOTAPPLICABLE ., 97 • e5 ❑ APPLICABLE.Seller will pay: to • ,get, 0 $ ,maximum,toward Beyer'e*stela permitted by the mortgage lender, . a 11 100 ❑ 191 151 101 112 FelA/TA,IF APPLICABLE 102 tag (F) It is ... :ashy agreed that notwitheta2ding any other provisions of this eonhact.Buyer will not• obligated to complete the purchase of the 1*3 too • ••., •esat'bed herein or to inter any penalty by forfeiture of earnest money tepee-its or-t•..•' unless Buyer has beert:giv4;n,-ln meor- tee t15 dance with '/PHA or VA requirements,a written: by the Federal H, .:'one,Veteran Administration,or a Direct tae tmm Endoisement'-•tier sett foforth the to d obie of,;e- 'Ofitotit:ssth:;'--"•-� ('fie dhiter amatmt'tdrbc insert t08 107 sells the eelca me stated idMbe Agreement)_bill- ' ':Privilege epithet bf. . •-, :With aonsuremi ioti offire'amtract iiith 107 151 Oat hug rdltr the ,of the apinaised vahiiati, ...:'- ..f s`armrod dbirminb theluaxim0tuis Maur loge the D 119 10e of Honing end Urban'- =lopment will insure. `i. ::'.. .'ot•,:.,:; t eel' 'F° tine oY the Property.Boyer'u1d'saLisfjj hods-• 109 1 to self/herself that the price:.. ..•'.'on of the• ..-,. are,. ;et"A 110 ftt Warning: Section 1010 of a 18,U.S.C., ► eat • and Utben Development and Federal Housing Admimatisti n tit . 112 Transactions,provides,"Whoever. . the.purpase,•,.-influencing• any way the agdnarofsuch Department,makcs,.pasets,=ere,onprrb- 112 .113 3ishee;enyataameot,knowing the melee.-be..... ,...,ehali,be fined+tinder•this eitle-or imprisoned,not pore than•two y�abode, , 113 .tt4 (Cl) U.S.Department of Housing and U U . . ekipment(11IUD)NOTICE TO PURCHASERS:Buyer's Acltaowledgement 114 115 0 Buyer has received the HUD ble,.-"For ,m Protection:Chet a Home Inspection"(see Notices and Information on Property Condition 116 11a Inspections).Buyer on..- a the impoc .-.ci gehiog arithatneadeat home inspection and has thought'about this before signing this 111 tv Agreement.Beyer.. •.:.deeleeF_3Arare.• .•.••a home i lionnor„gumentet the price pr.coadltion of the Property.. . 117 113 Beyer'.Initiate, i . •.. Date . us eV (H) Certiftntioa We undaraigned,Sellers)end,Btryur(s).•••.,to this nimsaction path certify bait iim4eiums offing contract forpmebase see, 110 tm true to the b our knowledge and aeliefeand that anyeather:.. •. entered into by any.of'these.parlies in connection with this trenearet. 120 .121 lion is to this Agreement . tit 122 7. ,.ITiSP CTtONS(1-On 122 tea (A) Seller agrees to permit imapections by authorized appraisers,reputable testifiers,insurer's repr tivrs,surveyors,mtmieipal•offiaale and/or 121 „123 Buyer as may beetemi ed by thamortgage lender,if, ee haunting agencies.Seger further agrees to pc�nit any ether iospo tione regtaed by in 123 . • or provided for in the terms of this Agreement.Buyer bas the right to talent ell inspections, 123 124, (B) Pre.aettltmpent lnepeetion' 125 . 1$7 I. Buyer resolves tie right to=ken presettlemear walk-through,i spection,of the,?rupert.y when the'1?ropercy fa substantially la. ter WA Seller will notify Buyer,pnior to.settlement,of the dam and time of,Buy is lne settlements elk-through inspection of theProperty-,, 125 /El 2. At the pre.satdement inspc tion,•Btryeranti Sales will complete and'sign alist of items( h 1)pt)so be,to�tleted,modifh orrepieeed tie too •within thirty(30)days air as Items that cannot be completed,modified,or replaced within.30 days of settleenatt airs t0 tea tat beyond Seller's reasonable control will be eompletedby Seller to soon as is ieaaohably possible,not to termed one y tit , .133 after settlement This paaagrph well[revive settlement ,. . tar 11a • 3. Buyer's farlmt to itlspeetthe.Prapszcy oa therda4c of me•scbednled)im'serthtment.inspection,et er'e failure to r apltta and sign the tat 194 pre-settement inspection fame eonatiattes a waiver'of Buyer's rialto inspect the Property:fwd Buyer well accept the Property at settie.' 1t1 535 meat hits thheo,preseat condition evitheet obligation of.morGficatien or replacement ...,a 135 110 4. Bu n'e.rigbt tn.makathis inspectiemis not waived by tny.ether pour q(this Agreement lay 137. _ 5, SeSeillm-well have heating end all railitiea(inelad'ng Hrel(s))•on for the;pre-settlement walk-dueugh inspection. (� in t. - �i y Al5-NC Page 2 aid Stiller teitlatrt I Y r'L tss 11/12/2007 17:21 FAX 717 245 2255 RE/MAX. STERLIt1S ASSOC. X004/015 . . 4 a.u•.w ai...7.n=•.case a u.Vivll4 4 hint.'" "' 140 /1" •-SOQer will provide evade 717..24 5e are ae wood tsoring viseets ou. S.T .R L I'aft .C.O by lends If a wood infe9eation itlspection ie scqus:ed, ids 141 BgyeaegSeee maeimb use spec for tLQ COyt of the ins aeon IEactive•infaerations)artery.�eller agrees,at Scller'e�penso endbc our sedtlemea9 141 ; 142 to treat the active infestations),in accordance with applicable laws• . , . ,,. . , ,. a 142 143 C RADON CONTINGENCY pt-AA) 143 144. ., ❑. -Sellet•w,'liiiotigatall nepeteeny,wfg-asadoamitigatiea.syatan(SeeRadonNoeice)• ...• .• . .144 146 . ;, .Seller cap's install preprntrny work for a radon itigatien-system.(See RadateNotice).;,. - .. . 145. ., toe. , . . . .. . . . .t4a t 147 ue 10. STATYIS OF WATER(1100) 145 SeU : tbat.at rinse ofsetalemalrt thin:pe pe?1y.witt be served by ... 14 150 ❑ Pubiin Water.Name-of Service Provider . .1 , leS 151 On-sibs Well Water which meets applicable governmental standards 1st i42 ❑ Community.Water - 452 134 155 144 11. STATUS OF SEWER(11.00) . .754 14S Sollerrep%CBCSta tinter:petty is screed by:•; - 15s lab •..Public Sewer-Name of Service Provider 15s im, ❑ •individual On-lot Sewage Disposal System(Sec Sewage Notice 4) . 157 154 ❑ Community Sewage Dirgoaal•3ystem _ its 129 ❑ Holding Tank(See Sewage Notice 3) 159 151) ,140 let 12. rNOT'ICSS,ASSESSMENNT3&c4y�i4T REQUIREMENTS(11-00) • 101 . 182 (A).Seller represents as of Seller's a eecetion of this Agreement,thst,ro.public,improvement,condominium or homeowner association asacaemer� 161 163 have been.made agaiastthe Properly widchrrmain-unpaid and that no notice try any g ovr�mentpcpublic authority has been sexvednponSe1tec us • 164 or anyone on the Scher's behalfr;including notices relating to violations of zoning,housing,buildig42 safety or full ordinances which remain 164 161 onconeeted,and that seller knows of no•condition that would.cons to Violation of any bads ordinances-which remains uncone tedruniets •165 . 158 otharwise SpchHSedtere: . 156 ts7 , . . _ ty ins . (B) Seller knows ofno'o9lerpoteetialntiticm(eic4wtl'Eviolations)sodatsenammteexcept ft,follows:_ 16$ 155 . 149 170 (C) Seller will be responsible for any notice of improvements wr;essessmenis.heceived an or before the date of settlement 170 171 (D) Buyer is advised that access tx a'public toad may require issue Dee of obighway occupancy;permit from the Department of Transportation. 171 172 (E) All enemy permit will be.obtained Ind paid for by Seiler prim to.settle meat 172 173 CO*Seise r will cdmply wilt all tcstrictioua and r tiremind�se4 by any govemmental iuthotities. t72 174 13. TTTLE,BURVEYS,&CbSPS(11-00) . . • 174' 175 (A)'TheProperty istotetieveyedfree end clearofaQ•Gens;eitctmrbtanhos,and awinteits,EnisrrttmNCUOWllV R15$-wtr -g i 'deed 175 f B lesgiotious,histoe c pteaetvation tectdctions oonidinaincce;•tatteg''resuictioma;'wdiotweir,'easemennts of roan ea mtmte visible upon the 174 177 ground.,eaQPme+ts of raord.pnivifeges or rights of public a avice:companids,,if>itry;olhcwib the title 03 the above deieribed real eatate will 177 175 be good end marlcetabk'aad sudtl he'w4l lop insured by a reptefabl'elitse Insur16ilCampauy at'91e�. 171 179 tB) In the event Seller is unable to give.a good•end marketable this and each as wail he mewed by.a•rtputablc•Title Company at this regular-rates, 176 160 • as ficd m T3 A;B ' epeci pamgrapti eA) uyerwifilluwe the option of taking such tiflda-e Seller entilbe without cltattg,ag the puce or of baingmpmd•160 • 161 alimonies paid byBuyesto Seller onaccooatnfp ehasepricyaiii'SetlQwillieaabmacBnycrfofmny'costs=md+taedby'Buyaforthoseitems let 1e2 speeifed'in paragraph 13(e)end•in paragraph t3(D)itemat1),(2),(3);a del—that r dent iitaee acihTis no 9irthe rthlity:OrObligatlon on in tea tither of the parties hereto and thsAgreinierir WEI become'VOID.'.' . 154' 164 (C) sinvey or surveys which to regtires3'by•the Tide htsiaeaceCoinpaiiy'or 1he'iNl' 'ids atfonael5 fit the prepelal On of an-adequate 154 111 'legal description of the Property Otte Lvaectlaii thereof),will' 'seeused Ml paid fin by Seller. 54. 119 (D) Buyer will pay for the.following:Cl)The premium for mechanics lien insurance and/tatitle aam-cb,or fee for ourseltatlna of ae m,if any; Sob 1a7 (2)Tht premiums for good insurance and/or'fin insurance with extended coverage,insurance binder charges Or cancellation fee,if any; t87 141 (3)Appraisal theiadd eh'argea'paid ili,sai' to mnrtgagolaatrrr.if any;(4)Buyer's eustomar'q settlement Una.;and`arcr s;(5)Initiation fee' tea • tee ' or Capital fimding:fiee,'if any':$ • !b fi� 189 or (E) Biryea flea reviewed the Yrlal 0obdivisiaa pleb mad is fanlrliar with the gradmgplans,showing the location and contour of the lot being par- Ise 100;.' 192 '# 152 103 14, EONWG'CIA.SSI'ICAtforP(11-00) • • tat 194 Fallout bftlde Agreement cis ooltmin the,zoulng elinfu laoan(except in cases tv$er`'th0 property'{acid each parcel thereof,i#is tt:ivodable)is zoned 154 • nu . Riley orptiamalyto permitsingle-fainriy d4ra inga)writ rendeithis'Agre voidable at the option afire Myer,end,Twirled,'my deposits tan- Ise 156 d'ered by the Buyer wilrbe resumed to the Bayer without any-remise-rent for-court action 1as 157 zontn urn- _ �•.2 • �: ,�,r ,�/ 1n us 13, LANDSCAPING&DRIVEWAY(11-00) Ins • 199 (A) Seller will attempt to preserve as many of the existing hers or shrubs as reasonably possible during the caostructinn-of the aaprwamedis and 199 200 house onhepttrmiscs.Itisaxpaeeslyagaeed't1alSetler eea•aot guarantee'orwanant the atm•Ylsal of any trees or chub exacting onthe premises sin 201 poor to eonsinteticn.Any extantiglrees or shrubs ihaimay die ettei settlement are the soli:nsponst'bilrty ofTuyez Seller will be responat7rle to 251 202 grade nod seed the diehdtied areas burly. g soar washouts 9vm-tain or milting snow or bornottts'doe'rc droughla'a&r'tettlti ant are the 4o1C 242 2a4 rteponail1tlity of Buyer.A2 to tine quality or quantity offhe growthof graas,•it twllbe Buyers ieaponsfbiiltY•to weter,•feinbze and•reseed as tree, xis 204 .esamy after settlement. 204 2m (B) Buyer acknowledges that,due to adverse weather conditions and other events beyond Seller's rememutble control,tusks i iel tt,,,g the driveway tae 204 'Surface,gredingaml•eeeding,'exteaor paiotingror staining,toad end®oi conatrto stt�tas.may not'`ba's rplecmdiat time settlement' Unless 2o6' 227 otherwise agieed,•rio porch a(lithe purchase prrhe or aptidnxpayrpeats will'be•placed hap esciow eeoouneds Withheld from Sella as settlement m7 20 ' to Compensate fit itmamplete iTenib.'Seller will eoinpicte the itet is wither a teesoimblo'tinx atten aettt •as wca0htreo lditlons permit 205 209 (C) Tifi4 pamginph well stew we settlemer t. • ,' P09 210 Id. SUBSTI A u s'IONS(11-00) 210 241 BUYER AND SELLER ACKNOWLEDGE THAT THE BUIIJDINGS AND 11VIPROVEMENES ON THE PREMISES WILL BE SUB- 211 212 STANTIALLYSIMI.ARTO THE E TBL2 MED BUILINNGSPECDTCATIONS.BUYER ALSOACBNOWLEDGES THAT 8ffi.LER 212 eta HAS THE RIGHT TO MARE SUBSTrTUUONS OR MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER 213 2t4 QUALTTEAT,sFT1's'.R's SOLE DISCRETION,AND THAT ACTUAL MATERIALS AND PRODUCTS MAY VARYFROM SAMPLE 214 21S • AND PRODUCTS. . 215 215 Buyer Initials: AO-NC Page 3of6 Seller initalu _ate F 11/12/2007 17:22 FAX 717 245 2255 RE/MAX STERLING fg'j005/016 217 I7. COAL NOTICE- 217 218 THIS DOCUMENT M OT SELL,CONV'E'Y,TRANSFER,INCLUDE e: 1 •a-T TIME TO.THE COAL AND R1GRTS OF SUP- 218 us Poles tltd]ERNP.AT1l -t: .ma•-ACE LAND.OBSCRIBED OR•u-i'lMe' .�: t,;.AND TIE OWNER OR'OWNERS ,.SUCH 2ts 226 'COAL:MAY FfAVis'TfjE'CO't'• [ LffiGAL Mafia'TO ,- 8 �V✓ Y I AND lT1111AT CO14NBC17oN,DAIXAGE NIAY 220 221 RESULTTOTFmsuPFAC!E�.'t)F •-1-s. r ANDADrYEtO ,B t r t'G!E 17 r:1A'-� iZ CURE-ON OR IN'SUCFIL:A.NO•(Thisaotiea 227 222 is sat faith is the manner•provided in Setti." .ft '• • hity ly 7 �'9: . ,tyke eckeawxedg w Hitt he may not be abminia5 tlic•ri¢:s 222 275 • ofprotedioa.ageFnsfrutisideitiie'iesolting!mm•.• - _OPMatiOns, ihatam -.- descnbelt'herda may'bepromoted&omitamage'duet 2234 221 mere cabs irywatt c th2 .�t with:the: - :moneh>tle`."•_:,.is the coal:This edmoaledgemem is meteor laptops 6: b4m 224 223 plyhrg`aiDr-tliep¢n' vlsib'neof test den 14 of IM:c hots' i,. • ubsidem2e end the Land Con3eriation Act elf April 27,1966." Bye/agree agrees to 225 2234 ai :8ic`b -oM c vviiicti.ded-, ,cov�7VOteaforesaidpsrm..n. - ' . 226 227 18. POSSESSION,(11 1Possession is tie liea181ilvercd by deed,k ye and physical poll anion to a cleanbwlding•The lot and lrorlding(s)Vilna free H 228 d£debris�day.am8'time of settlement J s o 19.•R CORID31"':0183)'TI'uo Agreement- 1Seot be rerordF ui the Office for the Recordmg of Deeds or iu toy Other oliiSc or place of public record 222 230 . andifB'uye-eauses'vi pernfdt3 this Agitament to be recOrilefl,9'oII r may elect to treat such act as breach,of bile Agreement 230 231 20. A1SSIGPTNBENT(3-80 T&is°AgcEelrfeht.win be Wiidiag upoir her parties,their'IespccGvc`lleis,parsonal'repieselki Wits,guaidians Bad successors. 221 232 maim the extent assignable,on the assigns oftbe peaies hereto;k'being expressly unden:tood,however,that Buyer will not.transfer di assign this za2 233 Agreement without the written consent of SOUR. 223 234 FL DEPOSIT&RECOVERY FEND(1-00) , 294 29e •(A) Deposits paid by Buyer within 3D•days.afeeetellemtmtivi4'bo-byeash,,nshier'tar-cedificd'cieck,IJtepoeite,regardless of the foncofp8ymeat 236 2 7 5 • anddheperaon d e s i g n a t e d aepayeq V willobe paid t o i n d i v i d u a t i d d i t t l r e d in p i n g-m p h 4(F),w h o ceuuntaatil con- 298 227 •susomation,ortermmation•ofthis Agreement inconformity witbtall applieablelaws and eegnlatioon:Aoy-uneashcd cheekrendccd es deposit 227 228 maybe held peadhtg,tho•acesptance of this offer. -y,:,. 238 258 (B) tn-the.evpnt of a dispute over eeetlament,•roideposit monies,a boater holding:the deposit is2Cgttiired by the Rules end Regulations ofthe,State 228 Zee Real Estate Commission(49 Pq.Code§35.327)rto retain the monies in escrow until the dispute.is resolved.3n•the•e vent of litigatioafor the 246 241 n:humof deposit monies,abroker wilt-distribute thc4mtieees directed by.a final order of condor the uea•Agteemen'of the•paftiCe,Breyer 241 242 and Sege:ragies that.03 heerms6B ryl:rotte err'affiliated licensee is joined•in litigation•forttae nturd Ofdeposit-moniea,•lheenotaeys•fees and 242 2 4 3 c o s t s of t h e b t n l r r(a)sad l i e e n a e e(a)•x d I t be paidhythe party joiningthan. ASSOC.. . . 243 244 (C) AReal Estate'Recovery Fond uisla tpzeintbo pee.artty persons'whe have obtained,a final eiviljhvirnao rragamstesrennsylvaniercal estate licans- 244 248 ere owing to hand,misrepresentation;or deceit ins teal estam•tMosac ou end Whq+bave;beearanable to collect the judgment,eit th haunting all 245 246 • legal Zmd•.equitableremediee-•Frs complete detain:about the road;call(714)783-3658,.or(800)822-2193•(wathin:Pete ylvania)and(717)783- 248 2cr 4854•(calsidePennsylvania), • 247 346 72. CO NID RD'COMMU1VIeTY(ROMEO' 41RASSOCrA14ON)PUBLIC OFFER2NG sTAtMENT(3-00) 235 248 NS, NOT APPLICABLE ., . 248 250 0 APPLICABLE: CONDOMINIUM - . . 25e 251 ' (A) Buyer acknowledges teethe Property.is a unit oft condominium as•de&nod lty.the Uniform Condominium Act-Seller lea declarant of 251 sse the•4ogdoneinhun-and is required∎to provide,:Beyer with-a public offering statement'(See Ca ndominitrmlUnil'orm'Pla1med Community 232 2334 Notice for dtfinitiotrs of deelatant,public offering stetement,,twd condominium). 2534 254 (B) The delivery of the public offering statement=stbe.made tole te r than lit date•the Buyer executes this Agreement.Buyer may cancel 264 255 this Agreement within illteen(15)days after receiving deepublicaffetilg statemant-and within fifteen(15)days of tecci t of any emend- 225 eta moot to the Statement that materially and adversely affects Buyer 2Ss 257 0 APPLICABLE PLANNED-COistalUKF1Y(HOMEOWNERABSOOIATION). . V •. 257 253 (A) Buyer acknowledges that the Property is part of a planned community as.defreedby the Uniform Planned Community Act.Seller is a ass ,258 ,,. -.declarant of the planned community cold.is regyieed•tb,provide.Buyer.with a public.offering statement(Sec CondomisinmRlniform 252 260 P19nned Community Notice for demailions of doalmant,public offering statement,and planned community) 288 281 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Beyer executes 281 262 this Ammo:ant Buyer may cancel this Agreement within seven(7)days athr rcceivhtg she public effeiing•etatement and Within seven(7) 262 282 days after receiving any amandmtot to the contractible materially and adversely affect 13uyetr. 263 "ieee "�'.'.,... -, ._ Lcc . ,i � .. _ ... •,i, .. • ._ ... 'a• ..n-:,, m t, o eVepO ,. , 284 �� �gIC '., ,0!'.AtiS�.a6U61t1G2 W ..i•vu,_. .._•- -.:.-- -.... :t ... - 26 .ol „, meat utvrnll .. J .. _.".,. . : s . ,r.,r• .,: _ 266 -..- ..-- -• :,. ...._ -_ _----._. -. _. - _ .._ . ..__..__ .. _ .,,, ,a:a�:, ...,u..,, .,. , -. -... _ - 267 266 t• 24, RELEASE MAO)Buyer end Seller hereby release,quit claim and forever dlachaoge ALL•BROICESS, r'LICENSPES,Y WLQ EES, 289 •2t8 . ,2ledeoyOFFICER or-PARTNER of any one oftheuttmd.anyUther PEH,SON;•FDiM;or CORPORATIONmiba maybe Wbleby or through 278 271•,.• .. :thew,frnm;aayamd all clatmb,'loprs or damendeylneIudleg:butpet iimlted.to,.persoml!Mader a d•property damage=dell of the cause- 271 272 geenees thereof,This release will survive settlement. V, . • 2r2 272 25. REPBES] JTATIONS(111-00) 272 271 (A) Buyer nder8Asridei first say tepresentahtms,•glades,advertising,promotional Bedsides.brocliurca,plans.building speeifiratiOna,of wanantie3 art 273 made.by Sellerdato ens,their licensees,employees,officers,or lamas are not apart.of ths!:p_csncata?aleee cepre sly incorporated or Stated 275 1178 • in this Agreement . ere sIr , • (B) Baytr ACknawledgea.that Brokers,rhea liconsees,-ttmpleyas,officers=partners have notmade.an assessment of the plan,drawings,speciS- 277 278 . canons,or such doe mtents as have beating on the name and quality of the anuetu rti lobe hmlr by Seger;Furthermore,Brokers,their licensees, V8 278 , •employees,otfz5cers,.and.partners make no representation with respect to remits.or such,other evidence of government approved for the 271 • 266 . construction of the structures to be built by Seller,of the mvirotn tcntel conditions,the pernritted ones,the financial condition of Seller,or the tea sat conditions existing in the locale where the property is eitoated;nor have they made an inspection of the con poneate,appliances,systems,or 281 282, cam611011•products to.be installed in or about the Property. 222 • 2341 • (C) It is$other understood that this Agreement contains the whole Agreement between Seller sad Buyer and there amen other terms,obligation, '2x3 2634. cuver*mts,rgrnxmmrmns,statementsmconaltitmt,orS]orothenuie-oferykindwhatsoeverccneerniagtmasale.Forthermere,thisAgreement 284 243 will oat 6e dared Amended,changed,or modified except in writing executed by the pales. 286 set (D) The heading,captions,and line numbersin this Agreement are mean only to snake it easier to find the paragraphs. 255 Buyer UMW,: Y APS-NC Page 4 of 6 Seller Ietliehe y 287 • 11/12/2007,17:22 FAX 717 245 2255 RE/MAX STERLING ASSOC. 0061016 Zee 26 WAxxANTIES(11-00) 228 tea (A) Aestgament of Manmfacturer'e Warranties; Seller hereby eseigx a to Buyer themeaufectpree weeranties on all appliances,equipment,and tea.. 299 other consumer products to be installed in or on the Property.Copies of these waamrNea will be delivered to Buyer.Seller makes no warranties, 280 291 representations,or guarantees,with respect to the eppliaacea,apripmwt and consumer products and all such warranties,tepxesenttioas,sad 291 281 • guarantees arc hereby disclaimed The sole remedy of Buyer as to weir such items' wtl(f!e to mac eutb cfXicis ad art appiopriste under the than- arc 293 IIf7lctwer'9 wwmntica, 293 2se (B) Limited warranty Except as set forth in any limited warranty that may be provided herewith;SETXER MANES' NO OTHER REM- Zaa 225 3ENTArIoNS OR WARRANTIES OF ANY NATURE,EXPRESS OR IMPLIED,INCLUDING 21E NOT LIMITED TO,THOSE sae etc OF'R'ORiOIANLII�eoPl6`1'Ri7CPSC7 1'd,'ff.4'BI't'11$till'1`Y1I1'E'S1GN;'C0NATITON,QUALIFY t7x•'OI'Ht;R'WISE"21'$�T[3'1'H!r aaa 237 'PROPERTY AND THE RESIDENCE AND OTHER RO9•EMENTS CONSTRUCTED' N,AND SELL•Eit'fIEREBY 297 2se EXPRESSER DISCLAIMS ANY S B PRES IONS OR w#RRANT�4,ltuyce hereby erlmoreledgrs and aeccpls such die. 222 292 claimer and agrees to waive any cad all rights Buyer may have by virtue of such and win-rarities.Sacept for the warranties pro- 299 350 rides by Salle Buyer assumes the risk of any and all damage from the data of a tdemear,decun erg in'or'appearing oa the Yropertytt gardless 300 Jot of the muse thereof Buyer's assumption of this risk is partially in consideration of the amount bf the Purchase pri8e`df the Property which is Jet sot lower then it would be Seller wet to be held responsible for any such riaks'by virtue df said cxprtcsed or impGtB repteneatatioris or warranties, 302 Jab 27.DATES/TINE�TiE IS OF THE ESSENCE(1.02) 203 sat (A) The said date for settlement and all other dates aitd'times rmf6rred to for the performance of any of the obligations of this Agreement are 30s gas agreed to be of the essence of this Agreement and are binding. sea Sap (B) For the proposes of this Agreement,number of flays will he comriedliorn the data of execution,by'winding the day this Agreement was sea 3a7 =cured and including the last day of the time period 307 Job (C) T hwdate�of settlement beet extended by any other provision ofthis Agreement and may only be Cxtettded by mutual written agreement of sap Jos the parties- tag eta (D) Certain time Naiads arapre-ptirated in this Agreement as a convenience to the Buyer and Seller.Any pre-printed time periods are negotiable tie 31t and array lrc changed by ctrl thsg oin the pro-ptinted text and'inserting a different time period acceptable to all parties. 211 311 28. DEFAULT(1-02) a1z 313 (A) Seller has the option of maiming all sums paid by Bayer,including the deposit monies,should Buyer: 313 314 1. Pail to make any additioerai•paydttsds as specified ia'g_'ag mph 4;OR su 315 2. Furnish false or incomplete information to Seller,Broker(s),tithe mirtgttge leaden If ray,conamiag Buyer's legal or financial rams,or 3x6 3tp fart to cooperate in the processing of the mortgage loan application,which acts would result in the failrueto obtain the approval of a moR- ate 317 gage loan cor®itmeafi OR Sr, 511 3. Violate or fail In fulfill mad perform any other tams or conditions of this 4gtaemenG 218 21s (B) Unless otherwise cbeclded lu paragraph 2$(C);Seller may elect tore/denim auras paid by Buyer,including deposit monies,in one of the sir rm following mamma: 320 521 1. Oa account ofprrmtraseprice OR 321 JZr 2. As monies to be applied to Sarkis daoxagm;OR 322 :ere Aslquid�.dd for each breach. sit S21 (C) i Seller is i�itad'to retaiiiirg arms paid-by Bayer,iaitadiag deposit monies.ere liquidated damisgea. 324 set (D) If Seller retains all suns paid by Buyer,including deposit manioc,as liquidated damages pursuant to paragrriph'28(B)or(C)i 8ayrir and Seller 325 326 • will be released Ham nattier liability or obligation end this Agreement will be von). 820 �9, MEDIATION(7-96) 327 ❑ NOTAVAILABLE alp Ll WANED.Bayer and Seller understand that they may choose to mediate at a later date,should a dispute arise,bit that there will be no obli-:327:328 ganon on the part df amy party to do so. 3m 331 (A) Buyer and Seller will try to resolve any dispute or claim therm arise liar this Agreement through mediation,in alcctdance with the Rules 332 ter+ and Procedures of the Rome SeIlas'lfome Buyers Dispute Resolution System Any agreement reached through a mediation conference and 338 sa. signed by the parties will be binding. - . 394 035 (B) Buyer and Seller a�ovetedge that they have received,reed,and�etetand the Roles and Procedures ale Home Selleza/B•nme Buyers 335 at6 Dispute Resolution System.(See Mediation Notice.) $4 sex (C) This agreernem to mediate disputes arising from this Agcamem will survive settlement. t8T 238 Buyer Idtials AIS-NC Pane 5 of 6 Ter Initialer 229 • e , 11/12/2007 17'23 FAX 717 245 2255 RE/MAX STERLING ASSOC. Q 007/016 SOO 30,9PECLSL PRDVTSLONS 0EA7i1) Jai LDIAJ Y�� �, � ct �nftd14404../leer J •341 S� 1/Agi d.0 444. r'”? E '4t1 342 �� 943 343 342 344 344 ass 345 346 31.SPECIAL.CLAUSES(11-00) 3as 347 (A) uyer and Seiler have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code 05.336. 374 (B) aycr and Seller have received a statement of their respective estimated closing costs before signing this Agreement. 34a 390 (C) has received the Deposit Money Notice(for cooperative sales when Broker for Seller is holding deposit money)before sign- 350 ing this Agreement 950 ID (p) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement,if required by law.Note:The Seller's art • 392 �ropedy Disclosure Law does not require a disclosure form whin: 352 Me Ct, A one-year written warranty covering the construction will be provided; 353 354 2. The building will be inspected for compliance with the applicable building code or,if none,a nationally recognized model building code; 320 335 AND ass 358 3. A certificate of occupancy ore certificate of code compliance will be issued far the dwelling. 395 3s7 (E) The following are part of this Agreement If checked: 367 369 0 Sale&Settlement of Other Property ❑Settlement of Other Property ContingencyAddondwn(PAR Form SOP) lee 350 Contingency Addendum(PAR Fay SSP) ❑ 359 360 ❑Sale&Settlement of Other Property Contingency ❑ 310 Set with Right to Continue Marketing Addendum ❑ 351 sea (PAR Form SSP-CM) 36.2 °° (F) The.fo�llowing exhibits are made part of this Agreement If cheeky • 363 sat . t'lot Plan of Lot tions/Extras/Alteradona led 305 ew Construction Warranty ass 365 ryioor.Plen Reversed.. IZ4,f) ,p7-' 'antra Covenants/ -• • ' ors 366 367 !! 0 Other t'O rip e ,.jjhn4l y;,j/ �. I) . . .rs • �, v ..LS • 367 � " �Specifications proposal• 0 —��' 11 `% Je s� 3� 3" Buyer and Seller eclmowledge that they have read and understand the notices and exp, , rosy]oformeli f set forth in t11ft Agreement A - 370 eft Buyer acknowledges receiving a copy of this Aga'eemeht at the time of signIng. 371 372 NOTICE TO F RTfE&WREN SIGNED;IBIS AGREEMENT IS A BINDING CONTRACT,Return by Lsesimile transmission(FAX)of this 3.72 372 Agreement,and aU addenda,bearing the signatures of all parties,cooefltutm ecerptehee of thisAgreescnt Parties to this trahssepon are advised 573 37d to eomult an attorney before signing if they ddesire legal advice. - —y 374 • BUYER'S MAILING ADDRESS: ,/..g.4 / l - 5r BUYER'S CONTACT NUMBER(S): WITNESS AT- Ode t rikkOZ lS- lee s78 WITNESS BUYER DATE 37s 8$b WETNESS BUYER DATE 305 351 Seller hereby approves the above contract this(date) 931 352 and'in consideration of the services=dared in procuring the Buyer,Seller agrees to pay the named Stoker for Seller a fee of 332 333 of/from the herein specified sale price.In the event Buyer defaults hereunder,any monies paid en accowtt will be divided sus nil Segel Broker for Seiko hut in no event will the sum paid to the Broker for Seller be in excess of the above specified Broker's 384 335 fee 385 305 SELLER'S MAILING ADDRESS: 8t8 357 367 M8 SELLER'S CONTACT NUMHER(S)r se! 365 WITNESS SELLER '1\k DATE It l2.`t+r�_ MN AO.MG(\ eaerl..am WITNESS SELLER DATE 380 35t WITNESS SELLER DATE 551 sae Brnkees'/Ideensees'Certieratfens(check all that are applicable): 392 331 ❑ Regarding FHA Mortgages:The undersigned Licensees involved in this transaction,on behalf of themselves and their h ass 394 the semis of this contract for parches°are mire to the beat of their knowledge and ballet and that broker's,certify ge ate other agreement entered into by any of 394 305 these parties in connection with•this tmeasetion is attached to etas Agreement 305 890 ❑ Rega rdiiglidediattm:The undersigned 0 firokor for Seller ❑Broker for Buyer agrees to submit to mediation in accordance with Sat 317 patag aph 29 of this Agrennemt str7 398 1ker for Seller(Company Name) an 388 ACCEPTED BY DATE acs 4/446 Broker torturer(Comp Name) ✓ ^ �� � /f 2, too +01. ACCEPTED BY r/ oo, a32 MS-NC Page 6 of 6 ,tot SIP I Eon' r''Aw • • 11/12. 2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. 16008/016 MADISON & SONS CONSTRUCTION, U.C. 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717) 243-9333 PROPOSAL Date: October 26, 2007 • Name: Duane Donison Address: 159 Ringneck Drive Harrisburg, PA 17112 Telephone: Ruth Osborne- Realtor- (732) 513-7127 Description: Chandler Model -Crawl space, 3 car garage on corner Lot#16 HOUSE PROPOSAL INCLUDES: Basement: 4' high poured concrete foundation 4"concrete floor French-drain with 2B stone Pressure treated sill plates on foundation Steel support beams where needed 1 floor drain/sump pump option Radon piping 4 crawl space vents ess from master bedroom closet , Framing: Flooring with crawl space Engineered I floor joists 3/4" OSB T&G floor decking Interior Walls 25x4" interior 16"OC 2"x6" plumbing chase wall, if necessary 1Li ' {de Buyer 1 q. • r 11/12(2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. 009/016 C1-2' Exterior Walls 2°x6" exterior studs, 16" OC 7/16" OSB sheathing, nailed 8' ceilings Roof 1/2" OSB sheathing with H clips Arch self-sealing shingles (30 year warranty),.high profile Full shingled ridge vent 12" over hang with 6"fascia and fully vented vinyl soffit Truss system (minimum 6/12 pitch) Insulation R-38 blown ceiling R-19 exterior walls �'`"" Basement R-19 in floor �!� _ _ - __r -'- it). �/y Heating: [X] Ducane Electric Heat Pump d'"P Electrical: 411(AlitrAdilkl 200 amp main service with circuit breaker protection; 40 breaker panel 3 exterior flood lights (See Buyer Selection Sheet) 2 recessed front porch lights 2 exterior receptacles 12 TV jacks; 12 phone jacks; 5 smoke detectors; 1 carbon monoxide detector 1 master bath fan/light/vent 1 hall full bathroom fan/light/vent •�= Bar lights above master and hall full bathroom mirrors r/ ~ Bedrooms and laundry room have ceiling mounted lights with switch (pre-wired)-fvr 1 paddle fan in living room Dining area hanging light Recessed eyeball light in family room over fireplace Recessed lights (See Buyer Selection Sheet) Ceiling lights in all closets on switch /> 2 front exterior decorative lights next to garage _ 3 crawl space porcelain lights � 2 I 404.e4. - leca-A1-Awk. B I.d_ ::T pr an , (see_ 40567 .4//'. 4.2g1- 2 �. • r X11/:1212007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. I�010/016 • T Plumbing: Maniblock System 60 gallon energy saver hot water heater(depending on heating system) Delta faucets (or equivalent) PVC waste lines Shut off valves on all fixtures 3 hose bibs (1 hose bib in garage) Exterior Finish: Paneled steel insulated front door, 36"x6'8" Full view slider with screen door In rear of kitchen, 36"x8'8" Double hung tilt vinyl windows with low E glass (internal grids)with screens Seamless gutter and down spouts 4/4 ship-lap vinyl siding Stone veneer as per owner's choice of style and color Shutters for front of house Painting of front door included (all other doors can be painted at an additional cost) Front porch is concrete Schlage locks on all doors, keyed the.same Circle vent centered above garage interior Finish: 1/2"finished drywall walls- painted • primer and two coats Colonial casing and base mounting (5" baseboard/3 1/2'trim) Rounded corners 8 paneled Interior doors - painted Privacy locks on bath and all bedrooms- Schlage locks Door stops Ventilated vinyl-clad metal closet shelving (custom closet up to allowance) Direct vent fireplace- propane Ceramic tile -8"tile, master bath, hall full bath Laminate- kitchen, foyer Carpet- living room, bedrooms, halls(See Allowances) Vinyl- laundry closet 2 pocket doors for laundry closet Kitchen: Quality custom cabinets (Kohl's, Lowe's, Home Depot, Swartz Supply, Lezzer Lumber, Myers Lumber) • Raised paneled doors • Self-closing hinges and drawer guides Sink with faucet and sprayer r`p• - =� - Stove, microwave and dishwasher,.(See Allowances) • 'er `� 8uypr 3 , 11/12/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. 413011/016 Bath: Quality custom vanities (Kohl's, Lowe's, Home Depot, Swartz Supply, Lezzer Lumber, Myers Lumber) Plate glass mirror In master bath, hall full bath Solid surface countertops, 2 formed lavatory bowls in master bath, single formed lavatory bowel In hall full bath (See Allowances) 2 - 1,6 gallon water saver toilets Master Bath - shower tub, double sink, toilet and faucets Hall Full Bath -shower tub, single sink, toilet and faucets Garage: 2"x4"exterior studs (where possible), 16"OC with double plate 7/16"OSB sheathing, nailed 4"concrete floor 3 - 9'x8'paneled exterior steel garage door, insulated with openers Garage is drywailed, finished and painted with flat paint Side steel door to exterior with glass mesh window(See Extras) Lot Improvements: Sidewalks- 3 feet on all road frontage (Development Re•uirement) Lot#16 will have two sidewalks; one on Marcella Way and one on Young Drive Walkway- From driveway to front door or porch (See allowances) Grading and seeding Concrete slab at garage side door Concrete slab- 12x14 patio 2 red oak trees 2 decorative street lights *** Pricing will vary with each job. Basement excavation may cost more (see Rock Clause below); so will well, rather than public water and sewer. ***" ROCK CLAUSE - Blasting/drilling is not included in bid and will cost homeowner additional funds. Homeowner will be contacted prior to any blasting. ****"WELL DRILLING CLAUSE In drilling, any well depth will vary and quality of water will vary. We do not expect not to hit water, but it may take more than one well (at homeowner's expense)to meet the household needs. CHANGE ORDERS - Prior to construction, all changes will be materials and labor only; during construction, it will be $500.00 plus materials and labor. • der Buyer 4 y, • . :11412/2007 17:23 FAX 717 245 2255 RE/MAX STERLING ASSOC. a012/O1G 0 . MADISON & SONS CONSTRUCTION, L.I.G. 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717)243-9333 • We Make Your Dreams A Reality' • Due to the intrinsic nature of concrete, minimal cracking can occur. • Contractor cannot verify soil or ground type; therefore, cost estimates can only be figured on fair digging. If your excavator encounters rock or other hard material, you could incur extra costs. • All additions or changes must be discussed and approved through the job superintendent. Field employees and sub-contractors do not have the authority and do not have permission to take responsibility to make changes on site. • Flat paint Is not washable, but Is easily retouched. ll • Contractor will keep all ll building grounds as clean as possible at all times. . • After home is completed, the structure will be broom cleaned and free of debris. • AN selections must be made before construction commences. • Completion date will be scheduled before construction commences. • A final "walk through"with home purchaser will be scheduled before occupancy. • Final settlement is required prior to occupancy of new home. Keys and garage door openers will be given to homeowners at final settlement, • All extra materials delivered to job site are property of Madison & Sons Construction, LLC. Example -extra stone or brick will be taken to Job site to ensure that enough material of same dye lot is on stock to complete work. The remainder will be returned to supplier. • It is agreed that Madison &Sons Construction, LLC is not responsible for damage caused by fire, lightning, windstorm, theft, and other such perils during the course of construction. Buyer should purchase a Homeowners or Builders Risk Policy at their own expense from their personal agent, We propose to furnish material and labor in accordance with the above specifications, plus or minus options or alterations as extras,for the sum of: Two hundred thirty thousand three hundred thirty five dollars and zero cants. ($230,335.00) \�\A :1141212007 17:24 FAX 717 245 2255 RE/MAX STERLING ASSOC. Z013/016 Ort Draw Schedule: To be paid in six stages throughout the construction process. Draw#1 to be disbursed at settlement. Lot Cost $61,900.00 Lot#16 Draw#1 10% $16,843.50 10% of total cost of construction Initial Settlement Payment $78,743.50 (Closing costs not included) Draw#2 20% $33,687.00 Permits/staking, excavation/lot preparation,footing foundations, well, drain tile and waterproofing basement Draw#3 20% $33,687.00 Framing, joists, sub floors, exterior sheathing, roof, windows and exterior doors Draw#4 20% $33,687.00 Rough in electric, plumbing, heating system and rough in drywall Draw#5 20% $33,687.00 Exterior brick, siding, walks, stoops, driveway, freplMcwes, flooring, interior doors, trim, hardware, kitchen cabinets and tops Draw#6 10% $16,843.50 Outside paint/stain, interior decorations,finish electric, heating, plumbing, septic, air conditioning, gutters, downspouts,finish grading, sod/seed and landscaping. Fully completed and ready for occupancy. Lot Price $61,900.00 Home Price ' $168,435.00 TOTAL 100% $230,335.00 Signature of Acceptance: '- Date b ) T Signature of Acceptance: Date Witnesst„ _� e% 4I, 41" 1 Date /020 Signature of Bui • _a Date //-/L-' Witness: d----' --z--- ;��a Date (f i -aFi' Contract price quote good for 46 days from beginning of contract. After the 10%deposit, price will remain in effect fore months. •, . a i ' *11/12x2007 17:24 FAX 717 245 2255 RE/MAX STERLING ASSOC. 0014/016 MADISON & SONS CONSTRUCTION, LLC. 3145 Spring Road Carlisle, Pennsylvania 17013 Telephone: (717) 512-4599 Fax: (717) 243-9333 ALLOWANCES, UPGRADES & EXTRAS Name: Duane Donison Address: 159 Ringneck Drive Harrisburg, PA 17112 Telephone: Ruth Osborne- Realtor(732) 513-7127 Description: Chandler Model - Crawl space, 3 car garage on corner Lot#16 NOTE: If the actual costs of the items listed below are more than the allowance provided, buyer is responsible for the outstanding balance. If the actual costs are less than the allowance provided, Madison and Sons, LLC will only charge for the actual cost of the item(s). Additional conduit for electric service is not included in allowances. Standard conduit distance for service line in Red Oak Estates Is 48 feet. Additional power hook-up fees are also considered extra. Allowances: Excavation (Limestone) $ 3,800.00 404*** Well/pump (1 well, 1 pum9) $ 3,800.00 (4240 6** Grading landscape) $ 1,200.00 rest) Lawn seeding/shrubs $ 400.00 (est.) Blacktopping (Rough and final cost up to 500 square feet) $ 2,000.00 ( -) Sidewalks (Contractor will supply 1 walkway from front of $ 2,400.00 row house to driveway not exceeding 25 feet and a 3 foot sidewalk in front of the home across the entire lot)(Additional footage extra) Lighting fixture allowance $ 1,300.00 Cabinet/vanity allowance (Kitchen& Bath) $ 5,000,00 Countertop/vanity top allowance (Kitchen &Bath) $ 1,100.00 Flooring allowance- Hardwood,,Tile&Carpet $ 5,480.00 Exterior stone allowance $ 3,100.00 Appliance allowance $ 2,350,00 Plumbing fixture allowance; faucets, toilets, kitchpn sink, $ 1,900.00 . hose bib & garbage disposal1 r - £thk Bui der Buyer ■ 1 ,t . 11;,/12/2007 17:24 FAX 717 245 2255 RE/MAX STERLING ASSOC. 0015/018 Permits/Utilities/Hook-Ups: Closet allowance $ 1,200.00 Heating system $ 6,500.00 — Power dj in cost $ 1,000.00 Sewer hook-up $ 1,875.00 (est.) Sewer permit $ _ 2,445.00 (esL) Building permits& subdivision _ $ 1,065.00 Extras/Upgrades/Alterations: Driveway turnaround and extra paving for 3rd garage $ 1,150,00 Side steel door to exterior from garage $ 185.00 Outlet for freezer No charge Extra hose bib in rear No charge Gas line to:patlo No charge TOTAL $ 1,335.00 'rr*Pricing will vary with each Job. Basement excavation may cost more (see Rock Clause below); so will well, rather than public water and sewer. 1' ROCK CLAUSE - Blasting/drilling is not included in bid and will cost homeowner additional funds. Homeowner will be contacted prior to any blasting. *`*"'*WELL DRILLING CLAUSE - In drilling, any well depth will vary and quality of water will vary, We do not expect not to hit water, but it may take more than one well (at homeowner's expense)to meet the household needs. CHANGE ORDERS - Prior to construction, all changes will be materials and labor only; during construction, it will be $500.00 plus materials and labor. jej,e1 Buil _r Buyer • 2 _• • • • . , v 1`11'.1e/2007 17:24 FAX 717 245 2255 RE/MAX STERLING ASSOC. 0016/016 0 � .. ��! . t"- -- - -1, • • ; d , ,4 IN , I �` f-II .N 1 fir" .. ........ 111, 1.j - _---?.. \ 4 I ' p'. r . s:5( ' r , •,.., 14)-.:.! 3 . 4-q-,'q-7, 1 _ . - 3 '< 'S4k \ -1-- 1 8,,• :i-crat�,.. . ----11 I I L It%. y 0 (11 .1 ,' 1C1iC-Ve J :i?Q p . : a $ U1 iipti 1 . I cp S) p-0' 1 i, f B: r- .rti . ra 17 owe , 1 . _ . cp . —, 'I • Ic 6g. n . . o * . [ ;.i. p ---., . sigi WM . F. gage- . . . . ISAk t \A fr- .IAo n// t� f , 1......t . „., —_1 s, ,• i c. TABIOM LITLILAKIS L , P;EC 30 F'I, 3 Jason 11.Kutulakis,Esquire Attorney I.D.#: 80411 � ? E 'L � • 2 West High Street ryE N N S Y LV A N U�,r i�t j E' Carlisle;PA 17013 (717)249-0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS 2 Marcella Way : OF CUMBERLAND COUNTY, Carlisle, PA 17015 : PENNSYLVANIA Plaintiff V. : NO. 11-3975 CIVIL CIVIL ACTION—LAW PENNSYLVANIA BUILDERS & DEVELOPERS,LLC 337 Lincoln Street Carlisle, PA 17013 And MADISON & SONS CONSTRUCTION,LLC 3145 Spring Road -Carlisle, PA 17013 Defendants NOTICE TO PLEAD TO: Plaintiff,Duane Donison C/O Mark C.Duffie,Esquire Johnson,Duffie,Stewart&Weidner 301 Market Street Post Office Box 109 Lemoyne,Pennsylvania 17043 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS TO PLAINTIFFS'AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING. Respectfully Submitted, ' AB'OM & TULAKIS,L.L.P. �? I Date Jas n �utulakis,Esquire Su reme urt I.D. 80411 2 est High Street Carlisle,PA 17013 (717) 249-0900 i -� OM CSC" &U ULAKIS Jason P.Kutulakis,Esquire Attorney I.D.No:80411 2 West High Street Carlisle,Pennsylvania 17013 (717)249-0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS 2 Marcella Way : OF CUMBERLAND COUNTY, Carlisle, PA 17015 : PENNSYLVANIA Plaintiff V. : NO. 11-3975 CIVIL CIVIL ACTION—LAW PENNSYLVANIA BUILDERS & DEVELOPERS,LLC 337 Lincoln Street Carlisle,PA 17013 And MADISON & SONS CONSTRUCTION,LLC 3145 Spring Road Carlisle,PA 17013 Defendants PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this 30`h day of December, 2013, comes the Defendant,Madison & Sons Construction,LLC, by and through its attorney,Jason P. Kutulakis,Esquire of Abom& Kutulakis, LLP, and files the within Preliminary Objections to Plaintiffs Amended Complaint and in support thereof avers as follows: 1. On April 29, 2011, the Plaintiff,Duane Donison, filed a Praecipe for a Writ of Summons in this action. 2. On May 3, 2011, Defendant,Madison& Sons Construction, LLC was served with the Writ of Summons. e 3. Thereafter, on or about December 12, 2011,Plaintiff filed the Complaint in this action. 4. On or about August 12, 2013, Plaintiff filed a Motion for Leave to Amend the Complaint. 5. On or about December 16, 2013,Plaintiff filed an Amended Complaint. 6. The within Preliminary Objections are to the Plaintiffs Amended Complaint filed on or about December 16, 2013. Defendant's First Preliminary Objection—Count III Pa. R.C.P. 1028(a)(4) Demurrer 7. Paragraphs 1 through 6 are incorporated by reference as if set forth fully herein. 8. Where tort claims are intertwined with breach of contract claims and the duties allegedly breached are created and grounded in the contract itself, the gist of the action is breach of contract and not in the tort claim. 9. Claims of negligence in the performance of the contract are barred under the gist of the action doctrine. Hart P.Arnold, 2005 Pa. Super. 328, 884 A.2d 316. 10. More specifically, "the gist of the action doctrine bars tort claims that: (1) arise solely from a contract between the parties; (2) where the duties allegedly breached were created from a contract between the parties; (3) where the liability stems from a contract; or (4) where the tort essentially duplicates a breach of contract claim or the success of which is wholly dependent on the terms of the contract." Price v. Freese &FriZZ, Inc., 11 Pa.D.&C. 5t" 486, 491-92 (Pa.Com.Pl. 2009)(6itin eToll Inc. aElias/Savion Adverb ing Inc., 811 A.2d 10, 19 (Pa. Super. 2002)). 11. Plaintiffs' Amended Complaint attempts to claim tort damages at Count III for alleged negligence in the performance of a construction contract. 12. However, Plaintiffs' counts for breach of contract and negligence arise out of a common set of facts and circumstances. 13. More specifically,Plaintiffs'allegations relating to negligence rely upon the same facts as those relating to Defendant's performance of a construction contract. 14. Therefore, Plaintiffs' claim of negligence in Count III is barred under the gist of the action doctrine because of the existence of the Contract between the Plaintiff and the Defendant and should be dismissed as legally insufficient. WHEREFORE, Defendant respectfully requests that this Honorable Court grant its Preliminary Objection as to Count III and dismiss said Count for legal insufficiency. Defendant's Second Preliminary Objection— Pa.R.C.P. 10280(3) —Insufficient Specificity 15. Paragraphs 1 through,14 are incorporated by reference as if set forth fully herein. 16. Plaintiff's Complaint alleges that Defendants violated"building code(s)"in paragraphs 15,33, and 37. 17. However, Plaintiffs offer no citation to the building code(s) violated throughout the entire Complaint. 18. Without knowing what building code was allegedly violated,Defendant has no way to properly prepare a defense to the instant matter. 19. As such, Plaintiffs Complaint is insufficiently specific regarding violation of "building code(s)." WHEREFORE, Defendant respectfully requests that this Honorable Court grant its Second Preliminary Objection and dismiss the Plaintiffs Complaint for insufficient specificity. Defendant's Third Preliminary Objection— Pa.R.C.P. 10280(3) —Insufficient Specificity 20. Paragraphs 1 through 19 are incorporated by reference as if set forth fully herein. 21. In Count IV of Plaintiffs Complaint, Plaintiffs allege that the Defendant violated the Unfair Trade Practices and Consumer Protection Law. 22. However the Plaintiff does not specifically cite which sections of the Unfair Trade Practices and Consumer Protection Law the Defendants have violated. 23. Without knowing what sections of the Unfair Trade Practices and Consumer Protection Law was allegedly violated, Defendant has no way to properly prepare a defense to the instant matter. 24. As such, Plaintiff's Complaint is insufficiently specific regarding violation of the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendant respectfully requests that this Honorable Court grant its Third Preliminary Objection and dismiss the Plaintiff's Complaint for insufficient specificity. Defendant's Fourth Preliminary Objection— Pa.R.C.P. 1028(a)(4) —Demurrer 25. Paragraphs 1 through 24 are incorporated by reference as if set forth fully herein. 26. In Count IV of Plaintiff's Complaint, Plaintiffs allege that the Defendant violated the Unfair Trade Practices and Consumer Protection Law. 27. However the Plaintiff does not specifically cite which sections of the Unfair Trade Practices and Consumer Protection Law the Defendants have violated. 28. The Plaintiff does states that a violation of the Unfair Trade Practices and Consumer Protection Law occurs when a person "[makes] repairs, improvements, or replacements on tangible, real or.personal property, of a nature or quality inferior to or below the standard of that agreed to in writing." 29. However,the Plaintiffs fail to allege what the standard agreed to in writing was for the repairs, improvements,or replacements at the property,rather Plaintiffs merely aver that the"resultant structure constructed by Defendants is below standards agreed to in writing." 30. Therefore, the Plaintiffs have failed to make out a claim that is legally sufficient to move forward and Count IV of Plaintiff's Amended Complaint should be dismissed. i WHEREFORE, Defendant respectfully requests this Honorable Court grant its Fourth Preliminary Objection and dismiss Plaintiffs'Claim for violation of the Unfair Trade Practices and Consumer Protection Law due to the legal insufficiency of the Plaintiffs' claim. Respectfully submitted, ABOM&KUTULAKIS, L.L.P. Date: hoba By: Ja on tutu a 's, Esquire A torn ID No: 80411 Al om utulakis,LLP 2 West High Street Carlisle,PA 17013 (717) 249-0900 (717) 249-3344 facsimile CERTIFICATE OF SERVICE AND NOW, this 30' day of December, 2013, I, Shannon Freeman of ABOM& KUTULAKIS,LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT via United States First Class Mail addressed as follows: Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Plaintiff Skanon Freeman PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE e~ �= (entire caption must be stated in full) -0 `4' 72 1c - Duane Donison r=a -< � t._ _.• r_ vs. CD CD .:l Pennsylvania Builders & Developers, LLC al >cz. �? w: ? ° No. 11-3975 Civil Tertni ?� -A, 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Amended Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Mark C. Duffie, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 (Name and Address) (b) for defendants: Jason P. Kutulakis, Esquire, 2 West High Street, Carlisle, PA 17013 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February14,2013 :Lature Vir n Y Print your name Defendant, Madison&Sons Construction, LLC Date: December 30, 2013 Attorney for /e r/5 e / ��� 7 INSTRUCTIONS: C# 6-3o 1. Original and two copies of all briefs must be filed with the COURT � � ��� ADMINISTRATOR (not the Prothonotary) before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not-the Prothonotary) after the case is relisted. Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com DUANE DONISON • IN THE COURT OF COMMON PLEAS OF 2 Marcella Way : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff • NO. 11-3975 • v. • CIVIL ACTION • PENNSYLVANIA BUILDERS & • DEVELOPERS, LLC : ' 337 Lincoln Street `''` Carlisle, PA 17013, and , MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acciOn dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd @jdsw.com DUANE DONISON • IN THE COURT OF COMMON PLEAS OF 2 Marcella Way : CUMBERLAND COUNTY, PENNSYLVANIA Carlisle, PA 17015, Plaintiff • NO. 11-3975 v. • CIVIL ACTION • PENNSYLVANIA BUILDERS & • DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants SECOND AMENDED COMPLAINT 41- AND NOW, this 1 1 day of January, 2014, comes the above-named Plaintiff, DUANE DONISON, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files this Second Amended Complaint against the Defendants listed above and in support thereof avers as follows: 1. Plaintiff, DUANE DONISON ("Donison"), is an adult individual currently residing at 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Defendant, PENNSYLVANIA BUILDERS & DEVELOPERS, LLC ("PA Builders"), is a limited liability company duly organized under the laws of the Commonwealth of Pennsylvania with a registered address of 337 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Defendant, MADISON & SONS CONSTRUCTION, LLC ("Madison"), is a limited liability company organized under the laws of the Commonwealth of Pennsylvania with a registered address of 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. On or about November 9, 2007, Donison entered into a Standard Agreement for the Sale of New Construction with PA Builders pertaining to Lot No. 16, Red Oak Estates with a municipal address of 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. A true and correct copy of the Standard Agreement for the Sale of New Construction is attached hereto and incorporated herein as Exhibit A. Said Agreement incorporates by reference the Construction Agreement and the New Construction Warranty in Paragraph 31(f). 5. On or about November 6, 2007, Donison entered into a Construction Agreement with Madison pertaining to the construction of a single family detached residence on Lot No. 16, Red Oak Estates. The model was known as "The Chandler" model. A true and correct copy of the Construction Agreement is attached hereto and incorporated herein as Exhibit B. 2 6. Both PA Builders and Madison agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model on Lot No. 16 for a total consideration of Two hundred thirty thousand three hundred thirty-five ($230,335.00) dollars. 7. The Plaintiff has fulfilled all of the provisions of the Standard Agreement for the Sale of New Construction and Construction Agreement on his part to be performed. 8. The Defendants have not fulfilled the provisions of the Standard Agreement for the Sale of New Construction or the Construction Agreement on their part to be performed. 9. Defendants have wholly neglected to do and perform certain things which were expressly or by necessary implications required to be done and performed by the Agreement as follows: 10. The Defendants have performed in a poor, improper and unworkmanlike manner certain other things which were expressly or by necessary implications required by the Agreement to be done and performed in a proper and workmanlike manner, as follows: 3 a. Throughout the residence, the walls and ceilings were constructed but are not level and plumb. In some cases, the walls are one to two inches off plumb, which causes the following conditions: (i) Base boards are separated from the wall in certain places and drywall is cracking along the ceiling/wall junctions throughout the home. (ii) There are crooked door frames throughout the home, which causes difficulty in opening doors and undesired airflow throughout the home. (iii) The Pergo floor is separating at the joints. (iv) The kitchen cabinets are separating from the wall and the countertop is not square/flush with the wall or cabinets below. (v) The fireplace mantel is separating from the wall. (vi) There is a 2X4 truss web member in the attic that is split and has a splice attached. (vii) There are cracks in the slab in the garage. The concrete floor is cracked around the sump pump and there are minor cracks in the poured concrete foundation walls. b. The electrical work done on the residence by the Defendants failed to comply with the National Electric Code Section 1110.14(B) as the Defendants failed to properly ground the outlets and switches. There were 86 outlets corrected, 49 ceiling lights corrected, 46 light switches corrected and 5 smoke detectors corrected. 4 c. The blacktop driveway that was installed by the Defendants is cracking and sagging as the Defendants failed to compact the ground before installing the same. d. The Defendants improperly installed the flashing on the plumbing stack on the roof. e. The latching mechanism on Bilco doors accessing the crawl space in the property were not properly attached allowing water to enter the crawl space. f. On the exterior of the residence, in a number of places, the vinyl siding was installed improperly. Head flashings are missing, metal wraps are open to weather and several open areas in the siding. g. The storm door at the main entrance does not latch or lock properly. h. The sliding rear door to the property is not framed properly and as a result the door is difficult to close and/or lock and the weather stripping was not properly trimmed. i. Due to the improper framing of the house and/or insulation and mounting of the garage doors, the garage doors when closed do not seal against the concrete floor allowing water to enter the garage. Further, the concrete floor is uneven and the framing around the garage doors is too wide which allows air to come into the garage and creates a separation between the garage door and frame. 5 j. The concrete slab which is the foundation's slab to the property is humped and the floor is cracked. k. There are a number of areas where there is separation between the bottom of the sill plates and the foundation wall. The sill plate is improperly anchored to the top of the foundation wall and the anchor straps fail to comply with International Building Code (IBC) Section 2308.6 and are insufficient to prevent the home from lifting off the foundation in the event of an extreme storm event. With respect to the floor system, the steel beam supporting the I joist is not properly anchored to the sill plate. The steel beam needs to be properly anchored to ensure against uplift and lateral displacement. m. The garage slab in the central and exterior garage bays is cracking and heaving as a result of improperly compacted soils and/or improper concrete curing or mixture. n. The drywall at the ceiling/wall locations are separating throughout the house. The interior walls are not properly fastened to the truss bottom chords in violation of IBC Section 2308.10.4.1. Further, there are several intersections of walls and ceilings where no joint pound is present resulting in visible cracking. Further, there is a gap at some of the intersections as a result of installing the ceiling panels after the wall drywall panels are installed. 6 o. The roof system and trusses were connected with toe nails over the living space rather than hurricane ties installed at each truss bearing location in violation of local building codes p. The vinyl siding is separating at joints and exposing the underlying sheathing. As a result, it is evident that the Defendants failed to install a water-resistive barrier over the sheeting material as required by International Residential Code (IRC) Section R703.2. Further, the vinyl siding panels are improperly fastened by nails providing no means of proper expansion resulting in warping or buckling as required by IRC Table R703.4. q. The laminate wood flooring and the base cabinets were improperly installed. The base cabinets were installed on top of the laminate flooring which does not allow the flooring to expand and contract due to temperature changes. r. Many of the doors throughout the property are out of plumb and do not function properly. This is a result of the doors and the door openings being improperly installed and constructed and, as a result of the Defendants failing to use shims to keep the doors square and plumb. s. The Defendants' failure to properly construct the home as outlined above results in wind forces and other natural forces continuing to cause damage to the home and the property. 7 11. The Defendants have failed and refused, and still refuse, to cure the aforesaid breaches despite Plaintiffs repeated demands. 12. The reasonable costs of remedying the aforesaid breaches are in excess of the arbitrable limit in Cumberland County. COUNT I BREACH OF CONTRACT/BREATH OF WARRANTY DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA & DEVELOPERS, LLC 13. Paragraph's 1 through 12 of Plaintiffs Complaint are incorporated herein by reference as if set forth in full. 14. Plaintiff contractually engaged the Defendants, PA Builders and Madison to build the residence in question. 15. Defendants breached their written contract for failing to comply with applicable building codes as set forth in Paragraph 10 hereof, deviating from plans, using inferior materials and failing to meet industry standards. 16. The Agreement of Sale incorporated by reference a Home Warranty which warrants against structural defects that occur due to poor workmanship or material defects for ten (10) years. Paragraph 10 outlines the structural and material defects resulting from Defendants' construction of the home and, despite repeated demands, Defendants have failed to remedy said structural and material defects. 8 17. Defendants breached their written contract as set forth above and, as a result, the Plaintiff suffered damages to his home. Plaintiff's home has substantially diminished in value due to Defendants' breach of contract. 18. Plaintiff will continue to suffer additional damages until the aforementioned deficiencies are remedied. WHEREFORE, Plaintiff demands judgment be entered against Defendants for damages in an amount in excess of the limits for compulsory arbitration and such other relief as this Honorable Court deems appropriate. COUNT II BREACH OF IMPLIED WARRANTIES DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 19. Paragraph's 1 through 18 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 20. Implied warranties of habitability and reasonable workmanlike construction arise upon executing a contract for construction of a residential dwelling. 21. Upon executing a construction contract with the homeowner, the contractor impliedly warrants that the house will be constructed in a reasonable workmanlike manner and it will be fit for habitation as a residential dwelling. 9 22. As such, under Pennsylvania law, the Defendants must provide to Plaintiff a residence that is constructed in a reasonable workmanlike manner and is suited for residential dwelling. 23. As plead, the Defendants have breached their warranty of habitability through their inadequate and unworkmanlike planning, design and construction of the property which have caused significant damages to Plaintiff's property which continue to become more severe. WHEREFORE, Plaintiff demands judgment be entered against the Defendants for damages in an the amount in excess of the limits for compulsory arbitration, prompt and complete remediation and such other relief as this Honorable Court deems appropriate. COUNT IV UNFAIR TRADE PRACTICE DUANE DONISON V. MADISON & SONS CONSTRUCTION, LLC AND PENNSYLVANIA BUILDERS AND DEVELOPERS, LLC 24. Paragraph's 1 through 23 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 25. The Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL") provides that it is a violation to make "repairs, improvements or 10 • replacements on tangible, real or personal property of a nature and quality in failure to or below the standard of that agreed to in writing." 73 P.S. §201-2(4)(xvi). 26. The UTPCPL also provides that it is a violation to engage in "fraudulent or deceptive conduct which created a likelihood of confusion or misunderstanding." 73 P.S. §201-2(4)(xxi). 27. As pleaded, the Defendants knowingly utilized materials and knowingly provided services that were inferior to those commonly provided in the industry and in violation of building codes as set forth in Paragraph 10. 28. As pleaded, the resultant structure constructed by Defendants is below standards agreed to in writing. Defendants incorporated their Warranty into the contract warranty against "poor workmanship or material defects" thereby warranting workmanship of the product. 29. Defendants were issued an occupancy following municipal inspections of the property for materials and labor that failed to meet local building code requirements. 30. As a result of Defendants' fraudulent and/or deceptive conduct, the occupancy certificate was issued and the home sold to Plaintiff. 31. The Defendants knew or should have known that the product was in violation of building codes as set forth in Paragraph 10. 11 32. When presented with the list of issues or problems Plaintiff was experiencing with the structure, Defendants failed to disclose or reveal the design and construction deficiencies. WHEREFORE, Plaintiff demands judgment be entered against Defendants in the amount in excess of the limits for compulsory arbitration in Cumberland County for compensatory and treble or punitive damages, recovery of litigation costs and reasonable attorney's fees and such other relief as this Honorable Court deems appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEAti RT & WEIDNER By: Mark C. ID uffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :601497 12 VERIFICATION I, Mark C. Duffie, attorney for Duane Donison, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mark C. Duffie Dated: (° i7_ly 13 11/12/2007 17:21 FAX 717 245 2255 RE/I•1AX STERLINR ASSOC. a 002/016 •, i ' i i SALE• NEW CONSTRUCTION A/S-NC - Tlda Yonareemameased.ad appraved'lar,lh,amsateciatiose webs,rte m mibere olio Pemasylvema Assoowi;.a emu:•roles"(P.A 14 • R'S' ,twr:i, It0d''L Al.9Aet'?WTfraPA ICENSEDBRt R n : $;(Con'Pay%) .}/ 4f e +' • ' / A - _Jr F13ON 7•., —3d't�l•• . . -,tea t:r 1.��* -VI ; y 7 ►r FAX .. . : wdS'' 'Aei51 t rlat;tRSE11 .11 i5ee•`F•'ted*gangs)* Seller,.if all'ccabier. •• ,.,,. .GR.;• "T,'IYi'tti.,ti.prz ' •&.;a4.-,54..-P-P...Ecoe -•, . . t 4$r�ukeii ie i1*QT the Agent for Seller audio arse; o a1'COENTROR 8.1717E11. 0 TRANSACTION LICENSEE- . • • • :.fd• ''S B 1 6:r..,-,• .QiVS'731P.:y Ai:LICENSED SI;b _} ' Cam Ii - _ .1`�� yf/ . /�- ^,4 LryJ ■ ADDRESS a�iril vi»�ra w.` FAX /7/7— 7 o9CSd" dix4.01cPus mx4C$riT,1 s;'. .Der! g a:'>la r II.9pplicat�le: O& .•:.:.. , '. '� M.6+, /17c -•. -• ,,.,f&rolcer•ie NOT,the Agent for Buyer and h elan: D.AGENT SOR SELLER•Q•SITIAGENc f.OB'SELLER Q TAANBaCaION LICENSEE 't When the lame-Briikes Is Agent ter•Seler and Agent forBeydy Broker•Is a Nod Agent dl ofBrotter's licensees are abutted Agents UNLESS ' ' ..1, v separatb7}esOtated•.Agnita for Buyer acid Serer.'If fie same Licensee is.deslgn3.tte}d�d'-or.-,Seller rind 3lByFC,.the•Llcehie4 is a DuaLAgeL 1 .L 111;0 nt.,Anted .Ay�y- y.,/�. ! .off' if ,. . ,is between 1 SEILICRWBUILd'OER: e.' *fr-_"13 2 --...- : 7• ty;;,, . . _.4.. ea _,• du.....:. :a • n.:.>. =•r• • :ca!!ed"Seller,"and 3 -A. • •-TtuyaER(6')s- . __�>7- s ?A �.�s,,, - • • 4 . •- 41Ir a +..'�i61_L'��>•sir� >._ 31 c`alT./led'Bum" s / - - —(i404-4? a 7 Seller hereby!latest,a a B and.eonvayto B u y e r,w b o.h e r e h y.agrees to purchase: . • ,. .. •, . ,- .. 7 •0• • • ALT,1134.t.CSRTAlN lot: gleee of d;rids �ndlmproveanenta td•be erected therettnelf my,known set•• - . 5 9.. Kamm(Subdivision • 1�! G ?� Phew' ,` �. 4 . 10. Lott" Model ,Ce " , . . • to 11 Street Address Q I./.) +, 11 12 ,In of _ 7"/J�.7 C h0.vrs 12 13 County of l r+'.f/ .+_ ' .• the the C�nwealth of Pennsylvania,Zip Code 13 14 Identification(a4,Tax13141t1ipeeL773Tot"AArad• -75,p cS.Plen Boo e,Fags;'Deed Booty rage,Recording Date)_ 14 16 �•` I/ <d 15 Z. 3. P1JRC1rAS PRICE(i4 i - _ •�^ is II (A)•TotalfircbasePric6 . n le _U.S.Doles 1a 'is • which wilibe paid to'Seller by Buyer 39 follows: . w 20 (B) Bins Piles' ' 'p, $ 20 21 ' ' (C) Lot play 'Yip`/4tP.- $ 21 22 (II) Total OrionilEgrae/Alterations(sae aftsohcd addend) $ _"^ 22 23 . : • - TOTAL PLjRCgASE PRICE'$ ,qr0/ 22- 24 4. (AY1lt4sh o TERMS n-0� 415 26 m (A) �or check at signing this Agtxmdtt:'� �7�j•� ..r:' S c���s '� 26 ' is (B) Cash or check within_days of the execution of this - S ' ` 29 27 ' (C) Nou•refnndable pro-pad optians/e>tlr2Ualteratiom paid to Seller on or before S 77 95 (D) • $ al to 5 )---"- :9 0 - 3 9e 31 • Cash,easbior s of certified check at time of scttlemenk 12 - 'TOTAL.PDRCBASE FTtICk •$' �i 'R?r5. 3e •".'eta (F) Deposits paid on account of preheats price to be bold by Broker for Sella;,mless otherwise stated.here: 93 be 34 35 1:O) $effer's written approvnd to be on or before•. - 33 36 '(li) Canvoyeuce fl'om-Seltr will be by fee simple deed of spacial werrauty 001454 otherwise&tated here: 30 37 _ 17 3s' .0 Payment of hawses learn will be chided Nosily between Buyer and Seller pnless otherwise snaed hers:'' ' se 0 ' ' 3i 40 (T) }!,aims of sMieroeau,the following'Abe adjusted pro-rte one dally basis between Buyeorend Sal.a:=.'17.03 vvbae anplimble:tasty; 45 41 rents;amdoonu,mm been and homeowner association fee,if say;water sod/or seWer fees,if any,together with any other lieaeble mum- 41 42 ,pa19ei vin.The charges are to be pro-rated for tbe•period(s)covered:SnIler will pay up to end including the date of aettlemen;Buyer will - 42 ••a- . ' • • pay far all days following settlement,un1e s otherwise elated hem: is a ' w ' is 5 i)LS OF CONST1tTC1ION(11-00) 4s 4s'' (A) eta n encaneut Duet Seller estimates that Seller will commence eoasttuc(iou an,'er shout �a� / .sera r 46 . 47 reserves the tight to delay wu cot of cmletructioa until Buyer has receit+ed and Piped a valid-mortgage fCammitmam in accordance 4t 45 ei`Yi434 Pas e,�ph6. - '•w Completion Irate Set erevtimare9 completion of donitweiioa as or about . >4t!. e O47/S .Boyer 49 so hmebrag'kovwledpea'that obeabovaestimsird time ofrumpleliononthepertof Selleris Made s neccommada tionto Buyer to assist Burt • so • '61 ' . 'h'trondenngfmtnep!an":However,if cmmmt Oemcnt,coanpletion,armor setrleement ate.de)aged due to mctement weather,sitikes,delays us 52 ' ' -in-ssuay+ce ofpeemita.imaradablry of lab or materials,or aay �en,bey�Seller's control,sorb times and settlement hereunder 92 53 wtil be automatically e%tt:oded icecestaiili,and time is not deemed po•be of the essence: • ha o4 (C) Settlement Settlement hereunder will beheld m a date which is within 10 days(unless otherwise specified here ) - 54 56 after Seller supplies Buyer with a written notice of settlement Howevec at the time of settlemem,the house and premises will bare hem 53 . to substantially completed.If the municipality or governmental authority requires a Use&Occtrpen y permit,Seller will provide one or 66 rt settlement. ♦ 57 SI .,layer f •.' .1~1, A/S-NC rage I sf 6 Seller Tnissle:ra ee I ■AMOt:Iallae of COPYRlGaTPEENSYLVANIAA. TION OFRE*LTnlm x/04 ,,r,3 Enclosure 1i `, • alw_ Eg 'l /t Rt R /°L� ` ' 11/12/2007 17:21 FAX 717 245 2255 RE/NAX STERLING ASSOC. a003/016 -" es a MVHilia iE WIY11191i5%t+LY 1:4-5r4 . • , sy Sit d WAIVED.This sale is NOT contingent on inoitgsg Su em& So at (A) This sale is ccmtingtetnpon Buyer ob' iRg tnort.Qaee.. .rip fellows: t s' 1., of tnorlgagc lea�l'S•�C71 i0i -'^r • st 2 Minimum Tana �// , a 3- Type of mmtgege_ 14 rJ�_., ' gyp /e7 as se 4. Interest rats-7;a� 3o;'fiowa4tr;ie er " ' stiineceptthehtleithe rate as maybe committed by the mortgage lender,notes as 67 areced a mazimnm interest rate of , °°/a- sr as 5. Disc:mot pbinis,'loan onlidstioa,holm pla,emont and oth a Yece c'nmged by the lender ha a percantegc of ihe'mortgagaloan(=Outran se 54 any mortgage l�th s anco gremlin='or VA fortding'tbc)ttndtto eteeed`notie tot ten V.(0%if not eel)eftiie mortgage loan. so 70 The inameat rate and fens provisions required by Boyer are 6ettsiied if a mdrtgage'lerttamakes available to Buyer theiighttO imamate en 70 71 interest tate at or below the Maximum interest Rats specified hereittwhh the percentage fees at or below the emotmt epaaticd be=ein•Boyer h 72 ' -)3ives Seder the tigii`t,at Seller's sole option sod as permitted bf'the snengitgel9eVider•nisi eppllcableiaws,'td contrejnts froatmi'dty,iihtidfn 72 75 premise of r lrelneremeot,to the Slayer and/or ieadertd Make•th hh'ithortilerma syadiabi6 to'Buj is 73 74 (B) Within 10 days of the eremitism of tlria Agreement,Buyerwitl make a ttp1eted,*rinds mortgage'ap}pl;orsonTrailid mortgage terms'sp er- '74 79 fled above to a rasponarblo urortgsee lender.The Broker for Beyey Keay,ofhrzwhe ate°Broker fur Seller.b authorized to communicate 75 7e with the snortpgelesder tor`ten es•cY'ns iingInthe idtiti'ph'57' • . . . 7s n (C) 1. Mortgage eonmi anent date NDlI�. /30 o -written oonmanne tt is not received by Seller by the ebovedatn,Baer 7r 75 end Seller agree to extend ant:mortgege•comawitment dlate until Seller termlda ititrm AgSi eatid Ri4acg by ila'Fiei:-to=Htlyce is 79 2. Upon receipt of a mortgage commitment,Boyer will promptly deliver a copy of the commitment%Seller, 79 XI .1 Salter has the option m terminate this Agreement im;writing,on crafter leer mortgage commitment date,if the mortgage commitment . so• 91 a $s not vend until the teen of settlement,OR • at FS b. Is conditional non the safe end.stticinqaitol nay other propc OR • .. a•an e. Contains any othamonditi n not egxeeidah ht this Agreement . 93 ten 4. In the event Sella does•npt.rgminatte Mir•Agreonms aaptm.idad above.Bayer beer MP.option to,aminate this Ag eolnot in wattiog if s4 46 the mortgage commitment . . . as 99 s. 75 clot obtained by or viliduntd the•doe of senirmcm,OR • . . • ere 5r b. Is eenditicued Wan the 2210+214d ndilwmtlitt ofanrother ptopestywhiob do nor:occur try tbe.date of sot4emelt,OR 67 55 c. Contains ehyrriher cnatirlion not specked in this Agreement which Bemis ouablat6 satisfy,by the date of,settlement • to to 5. If this Agreement is terminated as epec4ed in paragraphs 64C)(2).(3)•or(4),ell-deposit m oies•paid on aacormi•of purchase prior wrli ss ND be manned to Beyce Buyer will be.rasFonsbt9fbt any premiums formechenics lien insurance and/or title search,or foe for eaccefed on. 90 ,a1 oftomp,if any,AND/OR arty premium fdtfltiodirma —'am3/brfoematers o"ithexaxdedcoverage,iaswenoehinderchargestritom• .st .. R collation fee,ifsay;:AND/OR any apprsiesl'Ps.ar d char paid es..admagita moilgage.lgtdee . . •• . . . • • , 9t as (D) Seller well not be reeponslble to Buyer or Boyars roormage.itudist to escrow sayfoodsforanyleason.In the event Buyct'a merge.leader: la 54 requites en tea m of feuds as a eoeditioei to complete settlement thenBayer agrees to provide soeh.eyemw funds and complete settlement .9a e5 baeaader as specified-in this Agreement This paragraph will survive settlement • m- ss (B) Seiler Assist 96 97 ...)2C NOTAPPLICABLE . N • Of . 0 APPLICABLE.Seller will par. as .m. ❑ $ ,maximum,toward Buyer't**Pal pttaritied by the mortgage lender . ,-a se we ❑ too tar . .,02 FILANA°IFAPPLICABI.X ttt 102 (F) It is ,.•, ty agreed that notwithstanding any other provisions of this contract.Buyer will not- obligated toe bligared to compltde tLe pinchese of the to •''lie - .ad herein or to Mar rely many by forfeiture of mmast money deposin or-.•-• unless Boyer has biraegi ,-ln awe:- tot . 105 dance with • or VA requirements,a Federal 100 ememt written .•—by ••_ - one;Veterans Administration,or a Direct 1as derre fitsforttea aitted4rahieof•.e y 'Ofaafitesth., ._ (�elallsremomtitibein ere 109 It? ed is tlta sales. alaed;d VreAg )•: - . e :Allege ttpieitiabf. . ...with consutt»edion of$ra• lee tint iegaid'to rho•... :.•tiftw appraised valirati• .-...._, . Ie arrived _ the Drier with ma '� •• the mintage 7�ejmrla»�' x63 199 of Housing andUrlxms-.-.,�....twilliunme 's:a:-_; , . ..eVii r"° ..,.•oinks)Property.Biyaidthuld lutist' tee self/baser that the prise.,.. Son of the ••- are: 0.,-- v!! ill Wander Sectboh 1010 of ■ 2l,U.S.C., a.-•:.> -.t •f-a- ,? Wed' -• Develop:now and Taal Ifoasing Adtairdshation 1,1 . 112 T'[i1183121011S,provides,' baever•9. dm purpose>',..sfliencimg••any way the.egtimtaaauth Deg mcnf,nrakes,.pnsses,tunas,or pub- no 313 -.•phehany.etate,nent.knowin$tist Sarno' be.-- .....eballbe Sold mid=this side-or impnaoµpdAataaolethanes°years,celmth". . 113 • .514 (G) V.B.Department of Dousing and D ,. . • sloppiest($UD)NU'rlt ETOPUBCBABEXS:Tholes ithatowledgemelit ne lie ❑ Buyer has received the MD 1d.•. "For Prat Get a Nome Inspection"(see Notices and Information on Property Condition 115 116 leapeodj ,�- .:the l.......,.-.. " ors).Bayer , 'geeing tnr home inspection and has fhmrgtx'ebont,Lu ttelme signing this tut ? DtUt B'2�.'. alsatitFi)A�71 aLOn•ti auaorguerateecde pr,cper8aonortbePrapeey ter 115 Bayer's Initials• , eta ,. � . -�.. Mate : 1>S (H) Cer itiaition We .•_undersigned,Seiba(s)and,Bnyer(s).-•-,to Ibis/mamma=Paoli certify tt>tether•erome oldie connect forpardse/e arc, 118 120 true to the b-< our knowledge and batie4•end that any,,other - ,egad into by any of'thesa purties is caonection,wilh this hmsaa:, 120 .121 tionia ..-.totlisAgreement - . 121 12z 7. ,2∎SPK17ON$(3� 122 123 (A) sailer agrees to permit inspections by authorized r reputable certifiers.5766324'1 reprzgcaativea,surveyors,mrmicipa•offittials and/or in ,•12A B a y s a s may ba'regoixed by tbe.> ge lender if any,Or instating agencies.Seiler further agrees to permit e y oilier'6rspe gtio6e etTindil 124 29 orpmvided for in the tams ofthisAgceemtat.Dttya fine the right to attend hip inspections. 129 12ti. (i;) Pre-feWasrontlnspection - 7P$ li7 1. Dons=some;the right to make a Por ahlerneat l'a,a1k#bto ,insractiQn of the.Prvp eety when the-$vpe y is rnhst eilaily two, 127 555 Seller wall notify Bmargttittrtoscelementaf the date and time afBayrr'epnt senLammt wallo-@monnh.Inspectiam of the Prop Y 125 tz9 2. Attie pre-eautementfnspcx•n• 'am,'Baye.wsdler wilcompleteand.sipalietofh tans Hot)14bc.ep igeted.ayodi orrepiemd 123 113 "within�y(30)days ether .Teems that anti[be completed,modified,or t1�witlrn.II)days of settlement dare t? ISO 111 beyond Seller's reasonable control will be completed'by Seller as soon as is itearthably posdrble,rut to exceed one year 111 ' , real altar set leme nt.This paeagrat h Will setrive sedium:M. Mt • IR - 3. Buyer's facture to inspect 1he.Etaprmy:on tbprdffi -of else.erhpc4dedpm,eertt nc,inspecdoo,or Brrygr's foam m rcothie a and sign the tun 114 pro-settlement inspection rim emeritus*a waiver Of Bayer's rigid to inspect the Property,and Bityn-will accept the Propetyat sotie- hug tes mar lags thea,lhsesem ooatfidaq wrmont oLtle aoa ofatafrfica titm or mp loceameut •-, t13 IX 4. Buyer's.right tosneke.tbnsi:Mien•is cola/aired Ity aortal=fami:i�Q( ypg ti is 157._ 5. Seller•will Lave heeling end al1utilities(inc1oting Ste1(s))•on fa dre;pre-settlement wa$.tluvitgb inspection. IV ni , A/S-NC Page 2 ofd Seller Blair is•• . 11/12/2007 17:21 FAX 717 245 2255 RE/MAX STERLING ASSOC. 1 004/016 ' - ^^' 140 `" '-Seller will provide evidmecthea-t5eae att•no wood-haring insects on tie-PiDperty,`ffi> vued by lend=If a woad•iofeswcoe inspection is required, us 141 $tusw eamrteimbiusehS4U for thvorat oftheimpectiva.ISaeBveillffgstatico(s)exist:014vogmes,atScncr'se^p®se b mtxttkmealt 141 142 to treat for active infestetian(e),in accardnoee with applicable 16x6., ,, • , .. r . • 142 145 I y. RADON CONTINGENCY(11-O0) !43 144. qEi�,.,,-Sellerwillra<a instil repatatory;.woakfope,ados=16gadoasystem.(SeeRadon-Notice)• - 141 143 .sr,.SellerwaT install pope for 7Artsk for axedonmitigation-system.(Sec Rea hNoti ._ ..•, .. . t46. , 146 14t 6- t • 141 10. STATUS OF WATER(11-00) 146 Sollt700Cpreit fume of:settlement hiapraper1y-wili be served by: ..• 1% 0 Public Water-Name-of Service Provider .) . .1m 161 ,On-site Wen Water which moms applicable governmental standards ts1 162 ❑ G,mamuaitp.Water , 162 134 •- • 166 t56 11. STATUS OF SEWER(11.00) . .154 1S SOIlerrL eats 1I1R4•1:rOpeIlyl9 Served by: - . 1e5 its • xFtsbic fiver—Name of Scavice provider 16e la ❑ ,Individual On-lot Sewage Disposal System(See.Sswage Notice t). . 107 166 0 Co m pity Sewage Disposal System _ . • . Ise 159 ❑ Bolding Tank(See Sewage Notice 3) 169 no ,y„ . . . ,140 tot 12. 4O TC$6.ASSF.SSMENT9 as GOY V!»REQUntE0DINTS(11-00) . .. 1st . Its (A)Seiler represents as of Seller's eaxution of this Agrcrment,W6 t•aapub0c,implovemeny condominium or homeowner. Meociadan asacasmeda iso 169 havere mmadeagainsthePmpettyavlilehzwain•nnpaidand thatnonoticebysoygoternmtnt.p publieauhorityhasbem•eerndesponSeflec us • 184 or anyone on the Bellow's behaikincludiug notices dating,to violations of zoning,housing,building safety or the etdinaoces whidt remain Ise 1s t>ncoaetfcd,and that Seller]mows Olio condition that woald.conetitate violation of any earth ordinances-which remains tancoa*mred,onus .165 . we otberwies sprAlfiedtre: . • - - ism 167 . . . - 1y 150 (B) Seller knows of other pato leiti:ill=(including wiolationa)and aesessmemle except as follows: 166 159 - 153 170 (C) Seller will be responsible for'soy nodes of improyemeots or aaussmemle,received on or before the date of vesicant 170 171 (D) Buyer is advised that somas to'apub1ic road may require issuance of abigbway o ant permit from the Department of Transportation. 171 172 (E) AS necessary permit will be.obtained and paid for by Setter prier to mttleznent 172 173 (1t)'Sellui-wa)amply*Rh all rethietIois and requirement:imposed by ally govemeowial atatloiitiea. 173 174 13. TITLE,BuR EYS,&COSTS(31-00) ' 174• .. moll torten i76 (7:)'PtieFropaiyisfo�bel;oc�veye8fttieattdelearof�lL1'iEGa:�ICt ,andea�m�.=ni,�titr'ari30,.ai°Di,.,.•.w•V'e'th =-°F"—$mod 176 173 eamtiohoas,bistevia yreaetvgtiah restrictions ortndmaacce,..btuffng• ictionm mammolit,''easementa of rosiitc eeeemenra visible upon the 170 177 ground,easements of record,prielfeges or rights of public vimt:ornpenide,,tf in olh..wig the title to the above dateritxd real estate will 177 171 be good and ma4ostabfeand ea&Isi.will bii insured by reput laYel5tle Imanance4Iampami•st tinereeAlei°Yaees. 175 Tin (B) In the trent Seller is unable to give a good•aad marketable title and such es writhe inroad by a rtputable Tit16 Company at the regular roes, 179 150 • ad speeifea;o poragmpli 19(A),-Beier wilFhave the Option Of taking melt iiities Seller emi without chasm;ttie piie io r ofbeinghapsui'1% • 151 all manias paid byBuytsto Seller onaerdmtepmstlassr Price as Seer will fa-unwise Bayer-folm°y' teraredbirDnyerfortheitems le :let opecfibd'in paragraph 13( and id paragraph 13(D)ita'(1),(2),(3);Win-tile ba u e tent Ie will e no llt>> iluyprmialigatlon on 159 is either ofthe parties hereto and foi, ecmintwr'$becom"VOID.'- -' tss• 794 (C) Aiiisirvey o7 01115'070 which mii the relleadby th Title aassoce-eoap y Or tibe'aUetrac't�g+attofiney,fat the prepsegkel of an•addquata 194 in 4egal deaaipfion of the Prerperty(14ellie tva6ctlai thereof),will be secrced still paid Sir by Seller. 1% 136 (D) Buyer will pay for the.fallow eg:(1)The praniton for mechanics Gnu Macrame and/aatitle Muck or fen for titan of same,if may; tae 167 (2)The premiums for•flood insurance and/or"fire insurance with rxtudedreoverage,insurance binder charges or camoentaiso fee,if any; ter Us (3)Appraisal foeis ud-ofiaegeo'paidia,ad'veac�mmaitgage'londeyi en y;(4)Buy er'9euatom erylseldemeatcostsand`acattdis;(5)Initiation fee tin - 156 • or invite:fimdingYee,'ifany:$ • A/i9 . lb ' . 103: (B) 'Buyer ti6la Tcricwed toe 1.eubdiviaiaa plan mid is famrliar'with the g Iug'plans,showing the local' and Contour Of the lot being pm. 1s3 000' . -' "-r 192 in ii. T.oNiNO'C.,Ab3u+IC4t9:Xat•Fi1-40) � ' -Ito 194 Failure bftis Agreement ti30omain thermal:otae ft aloe(except is cases ehier0 the:propeooy(tuid soar p oast there'd£if snbflividab1e}is zoned 194 • 195 001*401111ar1tytoperntitsingle-farthly dieeilinp)will nada ithittAstemminevidable at dm oplibn of the Beyer,and,lfvoided,say deposits len- 195 •156 dbiedbythe Bayer win'be tamed to tic Bayer without attytegrfiremrat fonourt action. • 190 ' 1W 7.osdn trot •7.0 i, j..j- - • 167 is 15. LANDSCAPING Sr DRIVEWAY(1i-00) • ism 196 (A) Seller will attempt to preserve as many of the existing trees or shrubs as reasonably pessffile during the construction-n(6a®pmvemonte and 196 Zoe house ontiercemiser.Itis expressly agreed'thatSelledash'aotguarentee'ci w�ne the atavival deny tresorehn>6eeriietingon the `�0' 260 prior to comstisction.Any mtisdtigirees or shrubs that may die alter abet m®t are the aeit resianialstlity Off:d es Seller will be responerlrlo to at 2 0 2 grade and seed the d R t d ti e d teens cuy.Any soil washouts lidm-txin or me lting snow u r btuaad3•due'to drouglithathethrnenseist are the sole am 203 respon6nbitity ofBuyes As to the gtraiity or g9mtity ofihe growth ofgtarnt'it bushes Bilkers reaponarbil:tgtu Waieg-feioilizeand teased as mew 287 204 .starry after settlement. ' 204 . 200 (B) Buyer aolmowledges that,doe to adverse weather maims and other events beyond Seller's non:aeble caoteol,tans iaehsdmg the driveway eras_ 7d6 g g"aaf- peintl staining,end a cvnia§temn xs.maynotYra'c lstt9uiihitt®e ` 'alteea ass• 261 • otherwise atgeed,no porting tTlhe pnvcheae pilbe or aptiaripayt arils willrepleeed in no theism eccomit' dfain Seller at settlement m7 208 • £o nrvnp taro foe itloomplete iten t'Selier will complex a itenfe •within a oe aoambia'tiuw tttda 6 as wasitrt5onditlnns penal. 200 200 (C) Tins psmgiaph writ survive aeWorwent' . ' • am - 216 Id. BURSTTIUTIONS(11.00) - no gel BUYER AND SELLER ACKNOWLEDGE THAT THE BUILDINGS AND IMPROVEMENTS ON THE PREBEIRLS WILL BE gUH- alt 212 STiNTI L►Y-SBH3 ARTOTHE ES TABTzSHEDBUIL DING'SPECIFICATIONS.HUYEI54L SOACRNOWLEDGESTHATSELLER 21a 213 HAS THE RIGHT TO MAKE SURYIIT TIONS OF MA.TEBIAIS OR PRODUCTS OF SUBSTANITALLY EQUAL OR B&TnR 213 214 QUALITYATSELLER'S SOLE DISCRETION,AND THAT ACTUAL MATERIALS AND PRODUCTS MAY VARY FROM SAMPLE as 209 AND PRODUCTS, . Zs 219 Buyer Initials: A/,9-NC Page 3 of 6 Seller Ihtidaler 21e a OM& LITULAKIS Jason P. Kutulakis,; Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249 -0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : NO. 11 -3975 CIVIL : CIVIL ACTION — LAW PENNSYLVANIA BUILDERS & DEVELOPERS, LLC And MADISON & SONS CONSTRUCTION, LLC Defendants NOTICE TO PLEAD TO: Plaintiff, Duane Donison C/O Mark C. Duffie, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING. 3 PN Date Respectfully Submitted, A M & KU ULAKIS, L.L.P. Jaso P. K lakis, Esquire Su. eme Co t .D. 80411 2 West High Street Carlisle, PA 17013 (717) 249 -0900 OMB' ,LITLILAKIS Jason P. Kutulakis, Esquire Attorney II). No: 80411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249 -0900 DUANL+i DONISON : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : NO. 11 -3975 CIVIL : CIVIL ACTION — LAW PENNSYLVANIA BUILDERS & DEVELOPERS, LLC And MADISON & SONS CONSTRUCTION, LLC Defendants CD 1 t:> ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NEW MATTER AND NOW, this 2nd day of March, 2014, comes the Defendant, Madison & Sons Construction, LLC, by and through its attorney, Jason P. Kutulakis, Esquire of Abom & Kutulakis, LLP, and files the within Answer to Plaintiffs Second Amended Complaint and New Matter and in support thereof answers the following: 1. Admitted. It is specifically admitted that Plaintiff Duane Donison ( "Donison "), is an adult individual currently residing at 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Admitted. It is specifically admitted that one defendant, Pennsylvania Builders & Developers, LLC, is a limited liability company duly organized under the laws of the Commonwealth of Pennsylvania with a registered address of 337 Lincoln Street, Carlisle, Cumberland County, l;ennsylvania, 17013. Admitted. It is specifically admitted that the Defendant, Madison & Sons Construction, LLC, .1 is a limited liability company organized under the laws of the Commonwealth of Pennsylvania With a registered address of 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania, 117013. 4. Admitted with clarification. It is specifically admitted that on or about November 9, 2007, Donison entered into a Standard Agreement for the Sale of New Construction with PA Builders pertaining to Lot No. 16, Red Oak Estates with a municipal address of 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. By way of further answer, Pa Builders was solely responsible for selling the lot and not for constructing the home. 5. Admitted. It is specifically admitted that on or about November 6, 2007, Donison entered in a Construction Agreement with Madison pertaining to the construction of a single family detached residence, known as "The Chandler," on Lot 16, Red Oak Estates. 6. Admitted in part, denied in part. It is specifically admitted that Madison agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model on lot No. 16. It is denied that the total consideration for construction of the home by Madison was for $230,335.00. By way of further answer, the total consideration for construction of the home was $168,435.00. It is specifically denied that Pa Builders agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model. By way of further answer, Pa Builders sold the lot at a price of $61,900.00 to Donison for Madison to construct the home On. 7. Admitted. It is specifically admitted that the Plaintiff has fulfilled all of the provisions of the Standard Agreement for the Sale of New Construction and Construction Agreement on his part to be performed. 8. Denied. It is specifically denied that the Defendant, Madison, has not fulfilled the provisions of the Standard Agreement for the Sale of New Construction or the Construction Agreement on their part. Strict proof to the contrary is demanded. 9. Denied. It is specifically denied that the Defendant, Madison, has wholly neglected to do and perform certain things which were expressly or by necessary implications required to be done and performed by the agreement as follows. Strict proof to the contrary is demanded. By way of further answer, Defendant, Madison, numerous times offered to come back to the property to address the issues Donison outlined on his punch list; however, access was denied to Defendant Madison by the Plaintiff. 10. Denied. It is specifically denied that the Defendants have performed in a poor, improper and unworkmanlike manner certain other things which were expressly or by necessary implications required by the Agreement to be done and performed in a proper and workmanlike manner, as follows: Strict proof to the contrary is demanded. a. Admitted in part, denied in part. It is specifically admitted that the walls and ceilings were constructed and may not be level and plumb. It is specifically denied that in some cases, the walls are one to two inches off plumb. By way of further answer, it is normal for walls and ceilings to not be perfectly plumb. i. Admitted with clarification. It is specifically admitted that base boards may indeed be separated from the wall and that drywall may be cracking along the ceiling/wall junctions throughout the home. By way of further answer, in new construction this is completely normal as the home settles, which is why Defendant Madison revisits homes after one year in order to fix things such as cracking drywall or separating baseboards. Donison refused to let Madison into the home to make any repairs at the one year mark. ii. Denied. It is specifically denied that there are crooked door frames throughout the home, which causes difficulty in opening doors and undesired airflow throughout the home. iii. Denied. It is specifically denied that the Pergo floor is separating at the joints. iv. Defendant Madison lacks sufficient knowledge or information to admit or deny this statement. By way of further answer, Donison had a new countertop installed after construction was completed so that the original countertop is no longer in the home. v. Denied. It is specifically denied that the fireplace mantel is separating from the wall. By way of further answer, the caulking around the mantel may be cracked giving the perception to Plaintiff that the mantel is separating from the wall. vi. Admitted. It is specifically admitted that there is a 2x4 truss web member in the attic that is split and has a splice attached. By way of further answer, the truss was split during delivery to the home and was fixed to code by the splice. vii. Admitted with clarification. It is specifically admitted that cracks may appear in the concrete. By way of further answer, the subcontractor pouring the concrete commonly leaves crack joints to allow the concrete room to expand arid contract depending on the conditions. b. Denied. It is specifically denied that the electrical work done on the residence by the Defendants failed to comply with National Electric Code. By way of further answer, the home was inspected by an electrical inspector and passed inspection prior to occupancy. Defendant lacks sufficient information as to the number of outlets allegedly corrected, number of ceiling lights allegedly corrected, number of light switches allegedly corrected, and number of smoke detectors allegedly corrected. c. Denied. It is specifically denied that the blacktop driveway is cracking and sagging as the Defendants failed to compact the ground before installing the same. By way of further answer, the driveway subcontractor visited the home and indicated the driveway was not a problem, but that he would reseal the same for the Plaintiff. d. Defendant lacks the knowledge and sufficient information to admit or deny this statement. However, to the extent a response is required, Defendant denies that the flashing and plumbing stack on the roof were improperly installed. e. Defendant lacks the knowledge and sufficient information to either admit or deny this statement. f Denied. It is specifically denied that the vinyl siding was improperly installed. The Defendant lacks the knowledge and sufficient information to either admit or deny that head flashings are missing, metal wraps are open to weather, and several open areas in the siding. By way of further answer, siding generally expands and contracts depending on the elements. g. Defendant lacks the knowledge and sufficient information to either admit or deny this statement. By way of further answer, the storm door was not included in the contract for the home and Dirk Madison installed the storm door on his own. h. Denied. It is specifically denied that the sliding rear door to the property is not framed properly and as a result the door is difficult to close and /or lock. By way of further answer, Defendant adjusted the sliding rear door when the Plaintiff first complained that it would not close. i. Defendant lacks the knowledge and sufficient information to admit or deny this statement. By way of further answer, the Defendant has had a third party look at the garage and the third party indicated the garage door and seal were fine. j. Defendant lacks the knowledge and sufficient information to admit or deny this statement. k. Defendant lacks the knowledge and sufficient information to admit or deny this statement. By way of further answer, the home was thoroughly inspected by code enforcement officers prior to occupancy and the home passed all inspections. 1. Denied. It is specifically denied that the steel beam supporting the I joist is not properly anchored to the sill plate. By way of further answer, the home passed the requisite code inspections prior to occupancy. m. Defendant lacks the knowledge and sufficient information to admit or deny this statement. By way of further answer, the home passed all requisite code inspections prior to occupancy. n. Defendant lacks the knowledge and sufficient information to admit or deny this statement. By way of further answer, cracking is normal and Defendant Madison would normally fix any cracking at the one year inspection; however, Donison never gave Defendant an opportunity to fix the matters for which he is complaining. o. Admitted in part, denied in part. It is specifically admitted that the trusses over the living area were connected with toe nails rather than hurricane ties. By way of further answer, hurricane ties are not required to be installed on every truss, but only on the exterior trusses. It is specifically denied that the roof system and trusses are in violation of local building codes. By way of further answer, the home was thoroughly inspected by code enforcement officers and passed inspection prior to be occupied. p. Denied. It is specifically denied that the Defendants failed to install a water-resistive barrier over the sheeting materials. It is also specifically denied that the vinyl siding panels are improperly fastened by nails providing no means of proper expansion resulting in warping or buckling. By way of further answer, the home was wrapped with a water-resistive barrier over the living areas as the garage does not need to be wrapped. Moreover, the home was thoroughly inspected and passed code inspection prior to occupancy. q. Denied. It is specifically denied that the laminate wood flooring and base cabinets were improperly installed. By way of further answer, Defendant knows of two different ways to install cabinets and flooring including installing the cabinets on top of the flooring r. Defendant lacks the knowledge and sufficient information to admit or deny this statement. s. Defendant lacks the knowledge and sufficient information to admit or deny this statement. By way of further answer, it is specifically denied that the defendant's failed to properly construct the home. 11. Denied. It is specifically denied that the Defendants have failed and refused, and still refuse, to cure the aforesaid breaches despite Plaintiffs repeated demands. By way of further answer, Plaintiff would not allow Defendants the opportunity to correct the one year punch list. By way of even further answer, the electrician has been back to Plaintiff's home at least eight times since construction was completed to fix issues that Plaintiff alleged. 12. Defendant lacks the knowledge and sufficient information to admit or deny this statement. COUNT I 13. No response necessary as this is a paragraph of incorporation. 14. Admitted. It is specifically that Plaintiff contractually engaged the Defendant Madison to build the residence in question. 15. Denied. It is specifically denied that Defendant Madison breached the written contract for failing to comply with applicable building codes, deviating from plans, using inferior materials, and failing to meet industry standards. By way of further answer, the home was inspected by code enforcement officials prior to occupancy. 16. Admitted in part, denied in part. It is admitted that the Agreement of Sale incorporated a Home Warranty which warrants against structural defects that occur due to poor workmanship or material defects for ten (10) years. It is specifically denied that Defendant Madison's construction of the home resulted n structural and material defects and that despite repeated demands, has failed to remedy said structural and material defects. 17. Denied in part. It is specifically denied that the Defendant breached the written contract. As to the rest of averment 17, Defendant lacks the knowledge and sufficient information to admit or deny this statement. 18. Defendant lacks the knowledge and sufficient information to admit or deny this statement. COUNT II 19. No response.necessary as this averment is a paragraph of incorporation. 20. Denied as a conclusion of law. 21. Denied as a conclusion of law. 22. Denied as a conclusion of law. 23. Denied. It is specifically denied that the Defendants have breached their warranty of habitability through their inadequate and unworkmanlike planning, design, and construction of the property which have caused significant damages to Plaintiff's property which continue to become more severe. COUNT IV 24. No response necessary as this averment is a paragraph of incorporation. 25. Admitted. 26. Admitted. 27. Denied. It is specifically denied that the Defendant knowingly utilized materials and knowingly provided services that were inferior to those commonly provided in the industry and in violation of building codes. 28. Denied. It is specifically denied that the resultant structure constructed by Defendants is below standards agreed to in writing. 29. Admitted in part, denied in part. It is specifically admitted that Defendants were issued an occupancy following municipal inspections of the property. It is specifically denied that Defendant used materials and labor that failed to meet local building code requirements. 30. Denied. It is specifically denied as a result of Defendant's fraudulent and /or deceptive conduct, the occupancy certificate was issued and the home sold to Plaintiff. 31. Denied. It is specifically denied that the Defendant's knew or should have known that the product was in violation of building codes. By way of further answer, the home was not in violation of building codes. 32. Denied. It is specifically denied that when presented with the list of issues or problems Plaintiff was experiencing with the structure, Defendant failed to disclose or reveal the design and construction deficiencies WHEREFORE, Defendant respectfully requests this Honorable Court dismiss the Plaintiff's Second Amended Complaint. NEW MATTER 33. The preceding paragraphs one (1) through thirty -two (32) of Defendant Madison's Answer to Plaintiffs Second Amended Complaint are incorporated herein by reference if set forth in full. 34 Plaintiff refused to allow Defendant Madison back into the home after submitting the one year punch list to Madison. 35. Plaintiff refused to allow Defendant Madison to fix any of the problems Plaintiff complained were wrong with the home. 36. Plaintiff employed other individuals to remodel and /or change items in the home after construction was completed and Plaintiff moved into the residence. 37. Plaintiff's roof suffered damage during a hailstorm after Plaintiff moved into the residence. 38. Plaintiff's roof warranty through GAF contained a clause that it would be void due to hail damage. 39 Plaintiff indicated to Defendant Madison that he did not want to pay his $5,000.00 insurance deductible to get the roof fixed after the hail damage to the roof occurred. 40. Plaintiff failed to maintain his home properly causing damages to the home. 41. Plaintiff's own conduct contributed to the condition of his home. 42. Plaintiff's Second Amended Complaint is barred by the doctrine of waiver and estoppel. 43. Plaintiff's Second Amended Complaint is barred by the doctrine of impossibility. 44 Plaintiff's Second Amended Complaint is barred by the doctrine of justification. 45. Plaintiff's Second Amended Complaint is barred by the doctrine of lathes. 46. Plaintiffs Second Amended Complaint is barred in whole or in part by contractual provision. 47. Plaintiff's Second Amended Complaint is barred by contributory negligence by the Plaintiff's own conduct and for failing to maintain his home in good condition. 48. Plaintiff's claims are barred by the statute of limitations. 49. Plaintiff failed to promptly notify Defendant Madison of issues. 50. Plaintiff failed to mitigate his damages. 51. Plaintiff failed to provide notice of damages until expiration of the warranty. WHEREFORE, the Defendant, Madison & Sons Construction, LLC, respectfully requests this Honorable Court dismiss the Plaintiff's Second Amended Complaint. Date: By: Respectfully submitted, M & KUTULAKIS, L.L.P. Jaso P. Ku alai quir Atto ney ID No: 80411 Ab & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 facsimile Attorney for Defendant, Madison & Sons Construction, LLC VERIFICATION I, DIRK MADISON, verify that the statements made in the foregoing ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date ptlaglizi `ice► DIRK ADISON CERTIFICATE OF SERVICE AND NOW, this 4th day of March, 2014, I, Shannon Freeman of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT via United States First Class Mail addressed as follows: Mark C. Duffie, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Plaintiff annon Freeman Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043 -0109 (717) 761 -4540 mcd @jdsw.com DUANE DONISON 2 Marcella Way Carlisle, PA 17015, Plaintiff Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11 -3975 v. CIVIL ACTION PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants REPLY TO NEW MATTER c, I AND NOW, comes the above -named Plaintiff, DUANE DONISON, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Reply to New Matter and in support thereof states as follows: 33. Paragraph 33 is an incorporation clause to which no response is required. However, to the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 34. Denied. Plaintiff invited Defendant Madison to call to make arrangements to come back into the home but Defendant never made arrangements to do so. 35. Denied. Plaintiff invited Defendant Madison to call to make arrangements to come back into the home but Defendant never made arrangements to do so. 36. Admitted in part; denied in part. It is admitted that the Plaintiff installed a new solid surface countertop molded to fit the uneven walls after Plaintiff moved into the residence. This is due to the fact that the countertops that were installed had separated from the wall permitting water to infiltrate between the countertops and the walls. This was necessary to curb any future water damage to the home. With respect to any other remodeling or changes to the home after construction, the averments set forth in Paragraph 36 are denied. 37. Denied. The Plaintiff is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 37 and the same is therefore denied and strict proof thereof is demanded at the time of trial. 38. Denied. The Plaintiff is without knowledge or information to form a belief as to the truth or falsity of the averments contained in Paragraph 38 and the same is therefore denied and strict proof thereof is demanded at the time of trial. 39. Denied. The Plaintiff told Defendant Madison about the insurance deductible after having viewed evidence of hail damage to the siding only. There was never any reference made in said conversation to the roof. 40. Denied. Plaintiff has always maintained the home properly. 41. Denied. Plaintiff's conduct in no way contributed to the condition of the home. 42 - 48. Paragraphs 42 through 48 set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demand at the time of trial. 49. Denied. Plaintiff did promptly notify Defendant Madison of issues. 50. Denied. Paragraphs 50 sets forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demand at the time of trial. 51. Denied. Plaintiff provided notice of damages as soon as those damages became evident and prior to the expiration of the warranty. WHEREFORE, Plaintiff, Duane Donison, respectfully requests this Honorable Court to dismiss the New Matter of Defendant, Madison & Sons Construction, LLC, Respectfully submitted, JOHNSON, DUFFIE, S ART & WEIDNER By: :614795 Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Reply to New Matter by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 31 ss, day of March, 2014, addressed to the following: Babette L. Madison, Esquire 3147 Spring Road Carlisle, PA 17013 and John P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 JOHNSON, DUFFIE, By: T T WEIDNER 'Markt. Duffie OM & ,LITLILAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff G v. : NO. 11-3975 CIVIL -oma 1'riW` CIVIL ACTION — LAW rncam-)) r-- r rte' -0 t'. `s c) = - And c) PENNSYLVANIA BUILDERS & DEVELOPERS, LLC MADISON & SONS CONSTRUCTION, LLC Defendants NOTICE TO PLEAD TO: Plaintiff, Duane Donison C/O Mark C. Duffle, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NEW MATTER WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING. Respectfully Submitted, BOM TULAKIS, L.L.P. 11son . Kutulakis, Esquire preme Court I.D. 80411 West High Street Carlisle, PA 17013 (717) 249-0900 OM& UTULAKIS Jason P. Kutulakis, Esquire Attorney I.D. No: 80411 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 DUANE DONISON : IN THE COURT OF COMMON PLEAS. : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : NO. 11-3975 CIVIL : CIVIL ACTION — LAW PENNSYLVANIA BUILDERS & DEVELOPERS, LLC And MADISON & SONS CONSTRUCTION, LLC Defendants ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NEW MATTER AND NOW, this 12th day of August, 2014, comes the Defendant, Pennsylvania Builders & Developers, LLC, by and through its attorney, Jason P. Kutulakis, Esquire of Abom & Kutulakis, LLP, and files the within Answer to Plaintiff's Second Amended Complaint and New Matter and in support thereof answers the following: 1. Admitted. It is specifically admitted that Plaintiff Duane Donison ("Donison"), is an adult individual currently residing at 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. 2. Admitted. It is specifically admitted that one defendant, Pennsylvania Builders & Developers, LLC, is a limited liability company duly organized under the laws of the Commonwealth of Pennsylvania with a registered address of 337 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Admitted. It is specifically admitted that the Defendant, Madison & Sons Construction, LLC, is a limited liability company organized under the laws of the Commonwealth of Pennsylvania with a registered address of 3145 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 4. Admitted with clarification. It is specifically admitted that on or about November 9, 2007, Donison entered into a Standard Agreement for the Sale of New Construction with PA Builders pertaining to Lot No. 16, Red Oak Estates with a municipal address of 2 Marcella Way, Carlisle, Cumberland County, Pennsylvania, 17015. By way of further answer, Pa Builders was solely responsible for selling the lot and not for constructing the home. 5. Admitted. It is specifically admitted that on or about November 6, 2007, Donison entered in a Construction Agreement with Madison pertaining to the construction of a single family detached residence, known as "The Chandler," on Lot 16, Red Oak Estates. 6. Admitted in part, denied in part. It is specifically admitted that Madison agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model on lot No. 16. It is denied that the total consideration for construction of the home by Madison was for $230,335.00. By way of further answer, the total consideration for construction of the home was $168,435.00. It is specifically denied that Pa Builders agreed to construct for Plaintiff a single family detached residence known as "The Chandler" model. By way of further answer, Pa Builders sold the lot at a price of $61,900.00 to Plaintiff. 7. Admitted. It is specifically admitted that the Plaintiff has fulfilled all of the provisions of the Standard Agreement for the Sale of New Construction and Construction Agreement on his part to be performed. 8. Denied. It is specifically denied that the Defendant has not fulfilled the provisions of the Standard Agreement for the Sale of New Construction or the Construction Agreement on their part. Strict proof to the contrary is demanded. 9. Denied. It is specifically denied that the Defendant has wholly neglected to do and perform certain things which were expressly or by necessary implications required to be done and performed by the agreement as follows. Strict proof to the contrary is demanded. 10. Denied. It is specifically denied that the Defendant, Pennsylvania Builders and Developers have performed in a poor, improper and unworkmanlike manner certain other things which were expressly or by necessary implications required by the Agreement to be done and performed in a proper and workmanlike manner, as follows: By way of further answer Pennsylvania Builders and Developers sold the lot and did not construct the home. Strict proof to the contrary is demanded. a. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. i. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. ii. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. iii. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. iv. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. v. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. vi. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. vii. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. b. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. c. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. d. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. e. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. f. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. g. Defendant lacks the knowledge and sufficient information to either admit or deny this statement. By way of further answer, the storm door was not included in the contract for the home and Dirk Madison installed the storm door on his own. h. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. i. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. j. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. k. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 1. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. m. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. n. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. o. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. p. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. q. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. r. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. s. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 11. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 12. Defendant lacks the knowledge and sufficient information to admit or deny this statement. COUNT I 13. No response necessary as this is a paragraph of incorporation. 14. Denied. It is specifically denied that Plaintiff contractually engaged the Defendant, PA Builders to build the residence in question. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 15. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 16. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 17. Denied in part. It is specifically denied that the Defendant breached the written contract. As to the rest of averment 17, Defendant lacks the knowledge and sufficient information to admit or deny this statement. 18. Defendant lacks the knowledge and sufficient information to admit or deny this statement. COUNT II 19. No response necessary as this averment is a paragraph of incorporation. 20. Denied as a conclusion of law. 21. Denied as a conclusion of law. 22. Denied as a conclusion of law. 23. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. COUNT IV 24. No response necessary as this averment is a paragraph of incorporation. 25. Admitted. 26. Admitted. 27. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 28. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 29. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 30. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 31. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. 32. Defendant, Pennsylvania Builders and Developers, lacks sufficient knowledge or information to admit or deny this averment. By way of further answer, Pennsylvania Builders and Developers sold the lot at a price of $61,900.00 to Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss the Plaintiff's Second Amended Complaint as to Pennsylvania Builders and Developers, LLC. NEW MATTER 33. The preceding paragraphs one (1) through thirty-two (32) of Defendant PA Builders Answer to Plaintiff's Second Amended Complaint are incorporated herein by reference if set forth in full. 34. Pennsylvania Builders and Developers, LLC, only role in the process with the Donison house was selling Plaintiff the lot at a price of $61,900.00 to Plaintiff. 35. Plaintiff's Second Amended Complaint is barred by the doctrine of waiver and estoppel. 36. Plaintiff's Second Amended Complaint is barred by the doctrine of impossibility. 37. Plaintiff's Second Amended Complaint is barred by the doctrine of justification. 38. Plaintiff's Second Amended Complaint is barred by the doctrine of laches. 39. Plaintiff's Second Amended Complaint is barred in whole or in part by contractual provision. 40. Plaintiffs Second Amended Complaint is barred by contributory negligence by the Plaintiff's own conduct and for failing to maintain his home in good condition. 41. Plaintiff's claims are barred by the statute of limitations. 42. Plaintiff failed to promptly notify Defendant Madison of issues. 43. Plaintiff failed to mitigate his damages. 44. Plaintiff failed to provide notice of damages until expiration of the warranty. 45. Answering Defendant had no involvement whatsoever in the improvements made to the subject parcel purchased by Plaintiff. 46. Answering Defendant had no involvement whatsoever in the construction of the subject residence. WHEREFORE, the Defendant, Pennsylvania Builders and Developers, LLC., respectfully requests this Honorable Court dismiss the Plaintiff's Second Amended Complaint. Date: Respectfully submitted, ABOM & KUTULAKIS, L.L.P. By: ,iii i1 — Jas • . 'utula _ Esquire At • rney ID No: 80411 om & Kutulakis, LLP 2 West High Street Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 facsimile Attorney for Defendant VERIFICATION I, DIRK MADISON, verify that the statements made in the foregoing ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date U ) Z' DIRK MADISON • CERTIFICATE OF SERVICE AND NOW, this 12th day of August, 2014, I, Shannon Freeman of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S SECOND AMENDED COMPLAINT via United States First Class Mail addressed as follows: Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorneyfor Plaintiff nnon Freeman 40 - Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.corn DUANE DONISON 2 Marcella Way Carlisle, PA 17015, Plaintiff FILED- • C(.: ,• THE PROTH NO -TAR - 20 -11i SEP -8 Pi 29 Attorneys for PliNpigENENRC.sAyLtivOACNOIAUNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-3975 v. CIVIL ACTION PENNSYLVANIA BUILDERS & DEVELOPERS, LLC 337 Lincoln Street Carlisle, PA 17013, and MADISON & SONS CONSTRUCTION, LLC 3145 Spring Road Carlisle, PA 17013, Defendants PLAINTIFF'S REPLY TO DEFENDANT, PENNSYLVANIA BUILDERS AND DEVELOPERS, LLC'S NEW MATTER AND NOW, comes the above-named Plaintiff, DUANE DONISON, by and through his attorneys, Johnson, Duffle, Stewart & Weidner, and files this Reply to New Matter and in support thereof states as follows: 33. Paragraph 33 is an incorporation clause to which no response is required. However, to the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. *.t 34. Denied. Defendant, Pennsylvania Builders and Developers, LLC was a party to the contract which included both the sale of the lot as well the home. 35-39. Paragraphs 35 through 39 set forth legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 40. The averments set forth in Paragraph 41 are legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. By way of further response, it is denied that the Plaintiff failed to maintain the home in a good condition. 41. The averments set forth in Paragraph 40 are legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 42. Denied. Plaintiff promptly notified Defendant Madison of all issues as he became aware of the same. 43. The averments set forth in Paragraph 43 are legal conclusions to which no response is required. To the extent a response is deemed necessary, said averments are denied and strict proof thereof is demanded at the time of trial. 44. Denied. The Plaintiff provided notice of damages prior to the expiration of the warranty and as those damages and issues became apparent to Plaintiff. 45. Denied. Defendant, Pennsylvania Builders and Developers, LLC, were a party to the contract in which the Plaintiff purchased the lot and the improvement. 46. Denied. The Plaintiff is without knowledge or information to form a belief as to the truth or falsity of averments contained in Paragraph 46 and the same is therefore denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff, Duane Donison, respectfully requests this Honorable Court to dismiss the New Matter of Defendant, Pennsylvania Builders and Developers, LLC. Respectfully submitted, JOHNSON, DUFFIE E RT & WEIDNER Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Plaintiff :649870 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Reply to New Matter by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 6 44 day of September, 2014, addressed to the following: Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 JOHNSON, DUFFI TE RT & WEIDNER By: ark C. Duffle