HomeMy WebLinkAbout05-0746REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
V.
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: U L?t
Civil Action - Law
Jury Trial Demanded
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take
action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by
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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.
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CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP,
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
0
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LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO IENE ABOGADO O SI NO TIENE EL
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OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attornevs for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
V.
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.:
Civil Action - Law
Jury Trial Demanded
COMPLAINT
Plaintiffs are David and Crystal Morris (hereinafter "Morrises"), husband and
wife, who reside at 505 West Perry Street, Enola, Pennsylvania, 17025.
2. At Your Service Home Builder, LLC, Defendant (hereinafter "At Your Service")
is a Pennsylvania limited liability company with a principle place of business at 1817 Potts Hill
Road, Etters, Pennsylvania 17319.
Defendant Apex Homes, Inc. (hereinafter "Apex") is a Pennsylvania corporation
with a principle place of business at 247 U.S. Highway 522 North, Middleburg, Pennsylvania
17842.
4. On or about October 3, 1999, the Morrises executed a contract with At Your
Service (hereinafter the "Contract") for the erection of a pre-manufactured custom modular home
(hereinafter the "Modular Home") to be placed at their current address of 505 West Perry Street
in Enola, Pennsylvania (hereinafter the "Residence") as fully set forth and defined by the
Contract. A copy of the Contract is attached hereto as Exhibit "A".
5. The Modular Home was manufactured and provided by Defendant Apex pursuant
to a contract between Apex and At Your Service.
6. Pursuant to the Contract, the Residence was to be constructed as a single-level
ranch home with an unfinished sub-grade basement. The foundation of the home was
constructed in part by excavating an area for the sub-grade basement and framing the basement
with a pre-manufactured wall system provided by Superior Walls of America, Ltd. (hereinafter
"Superior Wall system").
Pursuant to the Contract, the Modular Home was to be placed on top of, and
secured to, the Superior Wall system.
8. At Your Service commenced construction on the Residence in or about
November, 1999.
9. In or about November, 1999, At Your Service constructed the foundation by
excavating an area for installing the Superior Wall system.
10. In or about February, 2000, Apex Homes delivered the Modular Home to the
construction site and placed the Modular Home on top of the Superior Wall system.
11. During placement of the Modular Home, Apex initially misplaced the home and
had to drag the Modular Home along the Superior Wall System in order to properly set the home.
12. In or about February, 2000, At Your Service attached the Modular Home to the
Superior Wall system by placing a rim board along and on top of the perimeter of the Superior
Wall, and attaching the Modular Home to the rim board.
13. In or about December, 1999, At Your Service poured a concrete slab for the three-
car garage of the residence.
14, During pouring, the concrete pour shifted the east foundation wall inward,
pushing the center floor beam that supported the home toward the west.
15. At Your Service continued construction and finish work on the Residence,
including, but not limited to, installation of electrical, water and other utility systems, installation
of flooring, painting, and finish work.
16. At Your Service, through a subcontractor, placed backfill against the Residence.
17. In May, 2000, At Your Service notified the Morrises that the Residence was
substantially completed.
18. The Morrises occupied the Residence in late May 2000.
19. In October 2001, the Morrises became aware that the Superior Walls of the
basement and the rim board attaching the Superior Walls to the Modular Home were leaning
inward and twisting.
20. The Mortises notified At Your Service of the problems with the wall system on or
about October 8, 2001.
21. At Your Service responded to the Morrises on October 9, 2001, indicating that
they provided a temporary bracing system. At Your Service alleged that the cause of the
problems was improper grading and inadequate downspouts. A copy of At Your Service's
October 9, 2001, letter is attached hereto as Exhibit "B".
22. Upon further investigation, the Morrises learned that the cause of the problems
was improper bracing of the Superior Walls by At Your Service and improper setting of the
Modular Home by Apex.
23. The malfunction of the wall system and continued movement caused and
continues to cause damage to the interior of the residence including:
(a) walls not level and/or plumb
(b) support beams and wall studs cracking and splitting; and
(c) Inadequate load support for the Modular Home.
24. In addition to the deficiencies noted above, At Your Service failed to complete
construction of the residence in accordance with the requirements of the Contract by failing to
provide the following items of work:
Count I: Breach of Contract
(Morrises v. At Your Service)
25. Paragraphs 1 through 24 are incorporated by reference as if fully set forth herein.
26. Pursuant to the Contract, At Your Service agreed to construct the Residence in
accordance with the plans and specifications provided.
27. The Contract provides that the Modular Home will be attached to the Superior
Wall System in accordance with good construction practices and Superior Wall requirements.
28. At Your Service failed to complete the work required by the Contract.
29. At Your Service failed to construct the Residence in a workmanlike manner by
failing to properly place, construct and attach the Superior Wall system to the Modular Home.
30. At Your Service failed to construct the Residence in a workmanlike manner by
placing the concrete slab of the garage in a faulty manner.
31. At Your Service failed to construct the Residence in a workmanlike manner by
failing to adequately shore and backfill the foundation.
32. At Your Service breached the Contract with the Mortises.
33. The Morrises have or will incur damages in an amount of $28,167, to repair faulty
and defective work, complete work left unfinished and to pay other costs in connection with said
work.
4
WHEREFORE, Plaintiffs, David and Crystal Morris respectfully request this Honorable
Court to enter judgment against Defendant, At Your Service Home Builder, LLC in the amount
of $28,167 plus lawful interest and costs as provided for by law.
Count II: Breach of Warranty
(Morrises v. At Your Service)
34. Paragraphs 1 through 34 are incorporated by reference as if fully set forth herein.
35. At Your Service breached the express and implied warranties contained in the
Contract.
36. As a result of the aforementioned breaches of warranty the Mortises have or will
suffer damages in the amount of $28,167 to repair faulty and defective work, complete work left
unfinished, and to pay other costs in connection with said work.
WHEREFORE, Plaintiffs, David and Crystal Morris respectfully request this Honorable
Court to enter judgment against Defendant, At Your Service Home Builder, LLC in the amount
of $28,167 plus lawful interest and costs as provided for by law.
Count III: Breach of Warranty
(Morrises v. Apex)
37. Paragraphs 1 through 37 are incorporated by reference as if fully set forth herein.
38. The plans and specifications for the Modular Home were prepared by Apex. A
copy is attached hereto as Exhibit "C".
39. Apex delivered and set the Modular Home on the Superior Wall System in a
manner that caused the Superior Walls to deflect.
40. Apex failed to notify the Mortises that the walls had deflected.
41. Apex failed to correct the damage to the Superior Walls.
42. Apex breach the implied warranty of fitness for a particular purpose.
43. The Mortises have or will incur damages in the amount of $28,167 to correct the
deficiencies that resulted from the improper workmanship of Apex.
WHEREFORE, Plaintiffs, David and Crystal Morris respectfully request this Honorable
Court to enter judgment against Defendant, Apex Homes, Inc. in the amount of $28,167 plus
lawful interest and costs as provided for by law.
Count IV: Violation of the Unfair
Trade Practices and Consumer Protection Law
(Mortises v. At Your Services)
44. Paragraphs 1 through 44 are incorporated as if fully set forth herein.
45. At Your Service represented to the Mortises that they were experienced in the
erection of Superior Wall systems and their methods of attaching the Superior Wall system to the
Modular Home were standard accepted construction techniques.
46. The Contract provides that At Your Service "use[s] standard accepted
construction techniques to construct our basements with first class materials."
47. The methods utilized by At Your Service of erecting the Superior Wall system,
attaching the system to the Modular Home, and finishing the grade work for support of the Wall
system were not "standard accepted construction techniques... with first class materials."
48. The acts of At Your Service constitute "unfair trade practices" as defined by §§
201-2(4)(vii) (representing that goods or services are of a particular standard, quality or
grade.. if they are of another), 201-2(4)(xiv) (failing to comply with the terms of any written
guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods
or services is made), and 201-2(4)(xvi) (making repairs, improvements or replacements
on...real...property, of a nature or quality inferior to or below the standard of that agreed to in
writing) of the Unfair Trade Practices and Consumer Protection Law, Act of Dec. 17, 1968, P.L.
1224, as amended, 73 P.S. § 201-1 - 201.9.3.
6
49. The acts of and representations made by At Your Service caused damages to the
Morrises by providing a Residence to the Morrises that is of a quality inferior to that as
represented by At Your Service. Due to the numerous defects and deficiencies in the
construction of the Residence, the Morrises have incurred $28,167 in damages and will incur
substantial costs in the future to correct and / or complete the construction.
WHEREFORE, the David and Crystal Morris respectfully request this Honorable Court
to enter judgment against Defendant, At Your Service Home Builder LLC in the amount of
$28,167, treble damages, costs and attorneys fees pursuant to 73 P.S. § 201-9.2(a); and such
other damages deemed by this Court to be just and proper.
Respectfully submitted, -?
REAGER & A
Date. February 10, 2005 t?
Theodore A. Adler, Esquire
AGREEwNr
TWIS AGREEMENT is entered into this 3 day of October, 1999, between
AT YOUR SE.RMI! BIOME BUILDER,LLC., a Pennsylvania firMod liabillity company, referred to as the 'Contractor,' and
David and Crystal Morris , referred to as the "Owners'
A. The Owners represent that they are the fee simple owners of a certain lot of ground located in the
Township/Borough of Enois, County of Cumberland, Pennsylvania, at 501 West Perry Street
B. . T1ta Owners and the Contractor agree that the Contractor will furnish a pre-manufactured Custom Ranch nodular
tome from Apex Homes, Inc. to the Owners on the land referred to above on the terms and conditions stated below:
1. Sc»neefWrl& The Contractor will furnish and supply a modular home and perform all work necessary to Install the
home on the M of the Owners in accordance with the plans and specifications that are attached to this Agreement as Exhibit "A."
Both the ContraMr and the Owners have signed the plans and specifications and agree that the piano and specifications are par
of this Agreement. This home is built on an individual custom basis, according sizes may Vary slightly as wall as materials
depending on availability.
2.. Ed= The Owners shall pay the Contractor for the Work to be performed by the Contractor under this Agreement
the total stmt ($156,585.00 ) Mortars, which shall be paid according to the schedule below:
a. Down,,f°ayment
b. ,At the completion of the foundation
c. Upon delivery of the hOM to the lot
d. At completion of the mechanical systems
e. At Completion of Garage
f. At completion of the house
$12,000.00
$ig,000.00
$92,225.00
$7,000.00
$17,925.00
$7,585.00
Total $11661686.AA
The Contractor shelf furnish the Owner a Corporate indemnity Agreement to the Customers title company in lieu of a
release of Bans by Subcontractors and Suppliers,, Thera will be an additional charge of $11,400.00 for a,release of liens form
requiring signatures from Subcontractors and Suppliers.
3. F-hmnce Charge A finance charge of 1 112% per month or and Annual Percentage Rate of 18% will be paid by
the Owner on all amounts due to the Contractor that are not paid when due. COWWW h.10 Me righttO SbP WOtk ifPAIM MS
are not paid when due,
4. MW far CbMndeiiarr Contractor strati complete the work to be performed under this Agreement within one hundred
eighty (180) days from date of star. The ttme for completion shag b6 extended W the Contractor is delayed at any time in the
progress of this work by oranges ordered in the work, labor disputes, unusual delay in transportation, adverse weather conditions
that the Contractor could not reasonably anticipate or other causes beyond the Contractor's control, such as the manufacturer's
irtabifity to deliver the pro-manufactured housa on a timely basis. Time for Completion does not include completion of punch list
items.
Page I
'5: PLQA?e-C(y Lines, The Ov s are responsible for marking the boundary 11, -of the lot for the Contractor. The cost
of correcting any errors resulting from an incorrect marking of the boundary lines shall be uorne by the Owners.
6. Protection of Work Prooerjy and Person The Owners shall furnish prior to the commencement of work, standard
builders' risk, storm and fire insurance policy, with extended coverage for the full contract price. The Owners' and the Contractors'
interests as they may appear shall be jointly protected under the policy of insurance until the completion of the contract. Both the
Owners and the Contractor shall be named insureds on the policy.. The Contractor shall maintain public liability insurance and
worker's compensation insurance for the Contractor's employees.
7. 017USuaiCondidons• In the event that the Contractor finds any unusual conditions during the course of
construction, such as solid or machine rock, quicksand, sinkholes, water springs and the unusual condition requires any other work
which in the opinion of the Contractor is considered to be unusual, such as the removal of rock by blasting or drilling, or the
installation of special footings, sub-base, foundation walls or drain tiles, the Owners will pay the Contractor for such work and
materials provided at the Contractor's usual rates and charges.
6. Chames in the Work: The Owners may order changes in the work if a work change
order has been prepared in writing. signed by the Contractor and the Owners, specifically stating the details of the change in
construction, end the additional cost of the change, or a credit to be allowed against the contract price for the change. The
Contractor may refuse to approve changes which result in a substantial alteration of the plans and specifications. No changes may
be made in the specifications of the modular home once the manufacturer has begun production of the modular home.
9. LM M27 The Owners shall provide and pay for electric, water, sewer and energy to be used during the course of
construction.
10_ Substitution of Materials, If the Contractor is unable to obtain the exact materials specified on the plans and
specifications, through the, Contractor's ordinary and usual sources of supply and/or site conditions, the Contractor shall have the
right to substiute materials of similar. pattern, design and quality.
10a. /arena/s: It is hereby stipulated and agreed that all materials which is delivered to the Premises by the Contractor
or his supplies shall be the property of the contractor and only the material used in the construction shall become the property of
the Owner afpr payment to the Contractor under this agreement is paid.
11. WaMnhr The limited warranty attached to this Agreement is the only warranty given by the Contractor to the Owners.
The limited wiranty does not come into effect until the Owners have paid the Contractor the full amount due under this Agreement.
The Contracts does not warrant the modular home or any appliances or equipment contained in the modular home. The Contractor
will assign tolhe Owners any and all rights which the Contractor might have under any warranties given by the manufacturer of the
modular homy and/or the appliances and equipment. The contractor does not warrant any type of foundation or any water problems
resulting fromdefects in the foundation or foundation waterproofing. Concrete cracking is a normal condition and is not warranted. If
the contractolis required to install concrete walks, there shall be no warranty whatsoever due to ground settling at the time of
construction.
12. b-Snectia and Occupancy: The Contractor shall permit the Owners to inspect the construction and building at any
reasonable title, but the Owners shall not be entitled to keys or possession of the building prior to payment of all sums due to the
Contractor uiler this Agreement to no event shall the Owners occupy or take possession before final payment has been made to
the Contracts If the Owners do occupy the property without the consent of the Contractor prior to the time that the Owners have
paid the Corrector all sums due under this Agreement, the Contractor shall be entitled to stop work and terminate this Agreement.
CLIENT INMLS
Page 2
13. Plans and Specifications: T -)wners have no ownership rights in the plane -id specifications used in this Agreement.
The Owners shall not be entitled to re-use or re-sell the plans and specifications.
14. Z= Contractor shall be entitled to display a sign on the job site until the construction is completed.
15. ommenoement: The Owners shall present the Contractor written evidence that the Owners the financial ability to pay
the contract price and that all necessary permits have been obtained. If any of the financing is provided by the Owner, an amount
equal to the amount of financing provided by the Owner shall be placed in an escrow account to used as payment for this
aggreement' only.The Contractor shall be under no obligation to order the home from the manufacturer until the Contractor has been
furnished with evidence satisfactory to the Contractor that the Owners are able to pay for the contract. The Contractor may cancel
the Agreement within sixty (60) days if the Owners are unable to fumish the Contractor with written evidence of the Owner financial
responsibility. If the project is not started within thirty (30) from the date of settlement of the construction loan or Sixty (60) from
the data of this agreement, witchever comes first, the Contractor has the right to adjust the price of the project according to the
prevailing price of materials at the time of commencement of the project or cancel this agreement.
16. Owner's DUtV to Report' The Owners agree to report immediately any defect deviations or deficiencies in performance or
material that the Owners notice in the project.
17. . Owners'Default: The parties agree that any lending institution, escrow agent or mortgagee may make progress
payments on behalf of the Customer directly to the Contractor and that any payment due under this Agreement is not paid within a
period of five (5) days after the payment becomes due and payable. the Contractor may stop work on the project. Any delay
caused by Owner or agents of Owner for over thirty (30) days without the written consent of Contractor shall consititute a breach of
this agreemenl and Owner shall then be liable for payment upon demand for services previously rendered and materials previously
furnished. In tki event the Contractor employs an attorney to collect sums due to the Contractor from the Owners under this
Agreement. The owners shall reimburse the Contractor for the cost of the Contractor's reasonable attorney's fees..
17a. I b ftatlons: Any controversy or claim arising out of or related to this Agreement, or any breach thereof, shall be
settled by arbliation in accordance with the construction Industry Arbitration Rules of the American Arbitration Association, and
judgement upn award -rendered by the arbitrators may be entered in any court having jurisdiction. Notice of the demand for
arbitiration shd be filed in writing with the other party to this agreement and with the American Arbitration Association. Any such
claim shall bewaived unless the demand for arbitration shall be made within two (2) years after completion of work. The
Contractors lidilfty, under any action shall in no event exceed the purchase price paid for said item. In no event, including the case
of a claim ofoegligence, shall contractor be liable for any special, incidental or consequential damages or for any damages arising
from the useor failure of the equipment, materials, machinery or work provided for hereunder. The parties futher specifically agree
and consent ) the jurisdiction of Harrisburg, Pennsylvania for any arbitration or other legal action betweem the parties to this
contract and to application of Pennsylvania law.
18. Qylers' ftht to Cancel: The Owners have an unconditional right to cancel this Agreement, without penalty or
obligation. url midnight of the third business day after the date Of this Agreement In order to cancel this Agreement the Owners
must deliver (written statement of cancellation to the Contractor. Upon cancellation, within the third business day, the Contractor
shall refund Ythe Owners any. payments made by the Owners and any negotiable instrument within ten (10) business days
following the Contractor's receipt of the cancellation notice.
CLIENT INITIIS
Page 3
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19, Permft.Few, The owners are responsible for providing and payhxl for all permits required to complete the
construction, including but not limited to any building permit, zoning permit: sewer or septic permit, driveway permit and inspection.
fees. If at any future time any fee, permits and/or taxes that may or may not become due, will be the responsibility of the Owners.
20. SYAQWMC= And Work Progress-- The Contractor is under no obligation to work on the project continuously, since it.
might be necessary for the Contractor to leave the job site from time to time because of scheduling conflicts, tack of materials,
inspections or other reasons. The Customer egrets to refrain from site visits between the hours of Sam and 5pm and further
agrees to refrain from communication with Subcontractors. '
21. Sub%7199,1 t,gMp-lafiQrt: The house shall be deemed substantially completed when a certificate of occupancy has
been issued or when the house has passed final Inspection by the local building inspector or lending Institution. Upon completion,
the Contractor shaft give the Owners notice of the completion and the Owners shalt inspect the premises within five (5) days in the
presence of the Contractor and advise the Contractor. in writing, of any defects, deficiencies or deviations in labor or materials. If
the Owners fail to inspect or fail to enumerate any deficiencies, the owners waive any right to recover any claims from the
Contractor for any defects that were apparent at the time of completion. In the event there are any Items incomplete to the extent
the Customer's lender requires an oscrow, it is hereby agreed the amount of the escrow will only be escrowed pursuant to the
Contractors Hem cost in eXibit "A". Upon oomplation of back fill of basomer, the owner agrees to divan all water away from home
In any manner possible.
22. IVQHCM Any notices required to be sent under this agreement shalt be sent by United States Mail, certified, first
class. postage prepaid addressed as follows:
To The Contractor: At Your Seance Home Builder,LLC. To The Owners: David' and Crystal Morris
P.O. Box 232 174 Wyoming Avenue
Lewisberry, PA 17339 Enole, PA 17025
23. /e - ?ho Contractor shall dean up and remove all construction debris from around the exterior of the house. All
debris shall be removed from the interior and broom oleertod. The finial interior cleaning is the responsibility of the Owner, unless
stated otherwise on the Owners responsibilities under 'Exhibit A'.
24. Radon sdosure: The U.S. Environmental protective Agency (EPA), the U.S_Department of Health and Human Services.
and the U.S. Public Health Service have expressed concern over the presence of radon gas in homes. Prolonged exposure to high
levels of indoor radon or its progeny may affect the hoalih of residers. Although such conditions may exist,the builder has made
no investigation to determine whether radon gas or other environmental pollutants are present in the home or affecting the
prerses. The builder has made no analysis or verification of the extent of the environmental or health hazard, If any, that may
affect the premises or residents.
The builder makes no representation or warranty as to (a) the presence or look of radon or hazardous environmental
condition nor (b) the effect of radon at any such condition on the premises of residents.
25. Af/rJ4yMpce5.' An allowance is an amount set aside for a specific Item. If the item's real cost is more then the
allowance the owner will pay the contractor the amount over the allowance. Items included in allowances shall include, but not
limited to, excavation, septic system, well, landscaping, sewer connection and/or top foe, driveway, walks and stoops. Tan percent
(10%) for handling may be added for well, septic. system, utility lines, earth moving and site improvements paid by the contractor.
2&. aft r"ifent: This AWaamerd constitutes the ontire Agreement between the parties and there are no other
agreements between the parties other then the agreement contained in this document.
Page 4
'27. Binding Effect This Agr, 'pnt is binding upon the Contractor, the Owne -their respective successors, heirs,
administrators and executors.
2& if Me Contractor pays any closing costs, they will be limited to one (1) percent of the land costs only. It is the
Buyers responsibility to pay all other transfer tax and or other fee or costs that may and could arise in the future.
29. Hold Harmless: The buyer is purchasing a modular home manufactured by a modular home manufacturer and the
home is not built by the Contractor, who is acting as a consultant only. The buyer will hold the contractor harmless in any disputes
over the construction and/or quality of the home.
IN WITNESS WHEREOF. the parties have signed this Agreement as of the day and year written above.
LLC,
WITNESS,- OWNERS:
(SEAL)
_ (SEAL)
Page 5
ATTEST,- CONTRACTOR,-
F,XNIBIT `A"
ONE YEAR LIMITED WARRANTY
At Your Service Home Builder, LLC. 1 (one) year Limited Warranty covers work and
materials supplied by us only. AT YOUR SERVICE HOME BUILDER, LLC. MAKES NO
WARRANTY WHATSOEVER IN RESPECT TO LABOR, ACCESSORIES, MATERIALS OR
PARTS NOT SUPPLIED BY AT YOUR SERVICE HOME BUILDER, LLC. The Buyer will
hold At Your Service Home Builder, LLC. harmless in any disputes over the construction
or quality of the modular home they have purchased. At Your Service Home Builder, LLC.
shall have no responsibility for any defect in any material, parts or labor for which there
exists a warranty from the Sub-contractor and/or manufacturer thereof or homeowners
neglect. Should a defect occur, the homeowner must notify At Your Service Home Builder,
LLC. in writing as to the defect. We will repair or replace at our option. At Your Service
Home Builder, LLC, will not be responsible for removing, repairing, replacing or paying for
any homowners-instaiied items such as: fences, landscaping, sprinkler systems, furniture,
wallpaper, paint or any other homeowner-added improvements. All consequential damages
including, but not limited to cost of shelter, transportation, food, moving, storage or other
incidental expenses related to relocation during repairs are not covered under the builders
warranty. Owner must allow the builder or his sub contractors access to the home during
normal business hours when the home requires warranty servicing. At Your Service Home
Builder, LLC. makes no other warranties, express or implied, including but not limited to
the warranties of good workmanship and habitability. Cracking of concrete is a normal
occurrence, and as such, is not warranted. At Your Service Home Builder, LLC. does not
warrant any basement, craw space or foundation to be water tight and from cracking in
concrete surfaces. Water and its affects are an act of nature and therefore can not be
controlled by man. We use standard accepted construction techniques to construct our
basements with first class materials.
THIS WARRANTY SHALL NOT APPLY TO, AND AT YOUR SERVICE HOME BUILDER,
LLC. SHALL NOT BE RESPONSIBLE FOR, PERSONAL INJURY OR PROPERTY
DAMAGE FROM OR BECAUSE OF AN ACCIDENT, NEGLIGENCE, ALTERATION,
ABUSE,'ABNORMAL WEAR AND TEAR, NEGLECT OR MISUSE. AT YOUR SERVICE
CONTRACTORS, INC. TOTAL LIABILITY UNDER THIS WARRANTY IS LIMITED TO THE
SALES PRICE OF SAID DEFECTIVE ITEM. THE WARRANTY SET FORTH UNDER THIS
ARTICLE IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESSED OR IMPLIED
WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND OF ANY OTHER OBLIGATIONS OR
LIABILITY ON THE PART OF AT YOUR SERVICE HOME BUILDER, LLC., AND AT
YOUR SERVICE HOME BUILDER, LLC. NEITHER ASSUMES NOR AUTHORIZES ANY
OTHER AGENT, REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITY IN CONNECTION WITH ITS WORK OR THIS AGREEMENT. THE
BUYERS ARE PURCHASING A MODULAR HOME, MANUFACTURED BY A MODULAR
HOMES MANUFACTURER AND THAT THE HOME IS NOT BUILT BY AT YOUR
SERVICE HOME BUILDER, LLC.. THE BUYERS WILL HOLD AT YOUR SERVICE HOME
BUILDER, LLC, HARMLESS IN ANY DISPUTES OVER THE CONSTRUCTION OR
QUALITY OF THE HOME THAT THEY ARE PURCHASING.
Warranty shall commence upon the date of completion of the Agreement or house is
occupied which ever occurs first. This Warranty shall have no effect if the Agreement price
is not paid in full,
All Claims must be submitted in writing to At Your Service Home
Builder, LLC., P.O. Box 232, Lewisberry, PA 17339
ifvo/cE
t Your Service Home Builder,LLC ustomer:
O. Box 232 orris
ewisberry, PA 17339
717-938-5729
Date: 2121100
Item Amount
etaina eon basement draw
ange order # 1
Plumbing Draw $1 500.00
$1885.00
$7A00,00 ?-
t.
"
ara a Draw
Total
$28,310.00
redt for hot water i ing and labor
Total $28010-50
Pa this Amount $28,010.50
Tl1a»k You
G
/?Q -2,2-T. 00
Change Order
At Your Service Home Builder, LLC
P.O. Box 232
Lewisberry, PA 17339
717-93&5729
Date: 2121/00
Owner. Morris
ProJect no:
Change order no: 2
Original contract date:
Change (add or delete) the following work to the original contract:
Install hardwood flooring provided by owner in Living Room $1,296.00
Change the original contract amount by: $ $1,296.00
Payment to be made as follows:
At completion
We agree to furnish labor $ materials to complete above additional work to be performed unde
the same conditions as specified in original contract unless other-wise stipulated.
Work to be done in accordance with the above specifications at above stated price.
At Your Service Home Builder, LLC. Date
Owner Date
/Vote: This change order becomes part of the original contract.
STATEMENT
At Your Service Home Sullder,LLC.
P.O. Box 232
Lewlsber7y, PA 97339
797-938-5729
2/21/00
Moms
Char es and Credits Balance
yaws and extras to date $48,575.77
Payments to date $48,575.77
Allowance for driveway & Excavation. $7,000.00
Amount used to date $2,942.54
Note; not billed for trenching/stone on drive/sewer
1..046 r "A"
BASEMENT SPECIFICATIONS
SIZE; 27`6`/31"6" x 70°
Precast Concrete. by Superior walls.
TWWfCAL SPE'CFICArIONS;
5,MO psi high strength, fibermeshs reinforced, low water to cement
concrete.
T foam insulation
Monolithic footings
2 - Microlam beams -16' long
Windows and Dams;
50 - 38" x 41" windows
Buyer
Page -1
EXHIBIT "A"
GARAOE SPECIFICATIONS
SIZE; 24" X 36"
Walls 2x4 - 24" 0. C.
7116 OSB sheathing
7/12 roof truss - 24" O.C.
7116 OSB roof sheathing
Shingles to match house
Vinyl siding
Alum. facisa
Alum. ridgevent
2- 38"x 41" SH vinyl windows
3 - 8x7 steel garage doors
4" concrete (3500#) floor
Buyer
At Your Service Home Builder, LLC.
PROJECT COST
Job Title
David and Crystal Morris
Address
174 Wyoming Ave
Date 1011199
House
Custom Ranch
Description
Base house price
Building Permits
Superior basement 9'
3 .Car Garage 24` x 36'
Driveway allowance ($3,000)
Excavation allowance ($4,1900)
Sub Total
city & State
Enola, PA
Telephone #
732-2445
Box 232, Lewisberry, PA 17339 -Phone 935-5729
EXHIBIT "A" Ac- 1
FINISH COLOR SELECTIONS
FLOOR COVERINGS Kitchen
Foyer 0OtCT_ Ran a hood color 94e
Living Room 6m Ir Cabinet color I zs/"/
Dining Room 4w IT- Counter to color v- 33 -d4,2 a
Breakfast-NM - Appliance color
Kachefr Cabinets ?Qm?P
Den-- #&AO& iAl
Gr®a#-ROM
Bedroom #1 erNd?«o? ,? Bathroom #1
Bedroom #2 cHgrkoaoccd Fixture color t •4[,
Bedroom #3 Vanity to color Lv /8'
Bedfeem-#4 - Bathtub
Bathroom #1 46 aim uao AT
Bathroom #2 Bathroom #2
Bathroom #3 Fixture color WOOF- C.
Hal( Vanity to color w14
Laundry 61110Z - Bathtub 11z,
Exterior Bathroom #3
Siding type reyr44 Fixture color
Siding color /v ar. Ga Vanity to color
Shin ler type '11L4. Bathtub
Shingles color a ,u
Soffit-OSW color rc-,
Shutters color 4f
'6ACr 6,,ef?rlv
Interior
Moulding color AM
i0f?-flu?7r'2 N?Bv4'f
U?iT-Go
.A ,
At Your Service Home Builders, LLC
Kowre 938.9729
FAX.- 9324958
Facsimile
To: David Morris
Date: 'Tuesday, October 9, 2001 @ 6:36PM
Re. Basement walls
Pages: 2; ux Wing this page
This is to confirm the phono message of Monday I 0JR/0I . In response to your call on Friday.
IM101 as to finding a condition of the riw board of yaour house twisting. Upon investigation of
this couxditioa I found that the basement wall is pushing inward at the top of the wall in two
locations along due &one of the house causing the titan board mtat . Upon titrther iuvestigatian I
found that the grade along the front of the house is level or sloped into the walls, also these are no
Ivrrget any extensions on the ands of the down spouts along the t?ont of the house, therefore all
the water frotn the down spouts is nLwang into the ground at the bLuawant wall. This is the cause
of the basement wall pushing urward.
I notified you when we finished the co;istruction that you needed more fill or should cut
do?Nm the front yard to pro%rido drainage away Cram the house and I asked you if you wanted our
excavator to bring in All and complete the grading, Your assured us that you hod a friend with a
skid loader and would take care of this as soon as you found fill. I also told you that the
extetmioos on the down "p its were needed to divert the water away from the bautne t walls-
As a courtesy to you we provided temporary bracing to hold the walls in position and will
contact our kmiatue carrier. T don't know wets this sill lead since our warranty has expired.,
I am itechudiug the inwmtance guide from Superior Walls that was attached to the wall at
the t nx of installation of the was.
We are willing to help you resolve tliis problem in any way we can.
Thanks. Mike
MAINTENANCE GUIDE FOR HOMEOWNER
When r>wnpq% npuarAit:hw4d
tx eherkrd mioo r year to inm*
pmvxT wwk in 4 ;undid an.
Spoutings must be kept clean of leaves and
debris,splash bloeksordown spoutextensions
must be used to drain water away from
foundation.
A finish grade slope of i" per foot for a
minimumof 8' from wall, or accordingto
your local code.
Settling of the ground will occur for several
years after the house is f inished. This mustbe
filled in with ground to the proper slope.
Clean snowdrifts away from house. failure
to do so could cause damming of water to a
level that permits it to flow into window, or
cause possible window breakage.
Drying ofsoil and concrete for a numberofyrars followinghouse completion places moisture into
xhc air. Each yard of concrete, which is poured in the floor area of house, contains approximately
50 gal lens ofwater (or approximately 800 gallons per house). In add iti on, newly excavated ground
contains approximately 40% moisture. Until thelevel of moisture is stabilized, at least for the first
several years following construction, the use of a dehumidifier is recommended. Also, it is not
unusual for concrete to develop surface shrinkage cracks. They are usually a hair line crack, up to
approximately 1/16 in width, which will not affect your house structurally or increase the
possibility of water penetration. The exposed area of the foundation can be coated for cosmetic
reasons, if you desire. Shrinkage is anorrtaloccurrence when conc;eteiscuring, and ifcracks occur
they are not covered under warranty.
A&N_IhC When converting this area of exposed insulation
to finished space, the Dow Styrofoam" insulation must be
covered with a code acceptable fire barrier by using the
a,-ached wood lath. Insulation must be protected from all
potential sources of ignition suchasrquipment,wateeheaters, Superior Malls
furnaces, stoves or chimneys in a code approved mannar re,alwrd C'a "w wdb
APEX HOMES INC AT YOUR SERVICE Job No Quota No Serial No Page
247 US HIGHWAY 522 NORTH 1817 POTTS HILL ROAD 11752 8077 1 of 4
MIDDLEBURG, PA 17842- ETTERS, PA 17319 Job Site Location Ship Date
Phone: (570) 837.2333 Phone: (717) 938-5729 FAX (717) 932-3958
; a ^' /
FAX: (570 837.2346
Retail Customer Name 1 ''
pS '
ENOLA, PA
-
E-Mail: INFO@APEXHOMES.NET a yEE
MORRIS ? ?,?'' p F.a ).:?r rv,w p OPY
County CUMBERLAND ; I?
Order Date
I Payment Method Model Description
I Boxes Carriere Sales Rep Sales Rep Email
91211999
.O.D. CERTIFIED
C
"CUSTOM RANCH
4
4
#12 DM
Dmarx(aADexhorres.net
LENGTH OF HOME ILF 32 W RANCH -APEX SERIES 1 1 341 LOH I I
'LENGTH OF HOME ILF 28 W RANCH -APEX SERIES 361 LF
FLOOR SYSTEM -1ST STORY 12x10 OPEN JOIST 2000 FLOOR TRUSSES 34 LOH
FLOOR SHEATHING • 757 518 0 S B. i
STORY
CEILING HEIGTH -157 STORY ie' CEILINGS ? -T-
rau iur ndvwei t u7^ TOUreensP - -. T
EXTERIOR WALLS 12x8 @ 24 O.C.- T--
!EXTERIOR WALL SHEATHING 7/16 O.S.B
'ROOF SYSTEM 7112 RAFTER Q 16" O.C. -32 WIDE LOH
'ROOF SYSTEM 7/12 RAFTER C 16" O.C. 128' WIDE 38 LOH
SECTION ----
ROOF SHEATHING i7/16"O.S.B. ---
ROOFOVERHANGS 10 EAVE OVERHANGS
GABLE END OVERHANGS 10 GABLE END OVERHANG - 5.7/12 ?-
LF OF INTERIOR WALLS _-2x4 @ 24" O.C. -- -?-? 190 LF --? ---
ADDITIONAL SINGLE BOX 7RANCH OR 2-STORY 2 EACH
VALLEY SET -9)12 THRU 12/12 CONSTRUCTED TRUSS 8 SHEATHING 28 LF
ROOF SYSTEM VAULTED CEILING/GREAT ROOM 19/12 58 LF -
. ___.__.._ PITCH
T___
.
COLLAR TIES REQUIRED IN
BALL CLG. DRYWALL INSTALLED ON SITE ,
_,._
._.
j
VAULTED CLG. AREA 'FUR VAULTED AREA / DRYWALL AND -"'---'------`"
'COLLAR TIES SUPPLIED ONLY BY APEX
L = -- - _ _
DECORATIVE DORMER 7112 PANELIZED DECORATIVE DORMER 5 LF 1
DECORATIVE DORMER 0EXTENSION 5 LF -T j
PORCH COLUMNS ON SITE
;BY OTHERS
FLOOR INSULATION
CEILING INSULATION
WALL INSULATION
EACH REPL I EACH 40 GALLON
LECTRIC SHIP LOOSE
LOHPFI
DOOR CHIMES (FRONT 8 REAR
- -
KITCHEN LIGHT _ OMIT
_ ? _ 1 1EACH ($85A0) 1 EACH OMIT REPL 1 EACH MODEL NO
KW2U4ES (2x2 FLOURESCENT)
KITCHEN SINK LIGHT MODEL NO 16VTU115WX002 1 ?`S
DINING ROOM. LIGHT (MODEL NO 9309-02 (BOXED CHANDE_LIER)1 __ _?
i _ ,
HALL LIGHT MODEL N05346-02 -
_r- i-^- ?- --'
'FLOUR. LIGHT FIXTURE IN
WALK-IN CLOSET _ --`- - ----- -- - -- ----- -
DRYER HOOK-UP^ ELECTRIC 1 LEACH 5100.00
WASHER HOOKUP 11EACH 5100.00
TELEPHONE JACK 3 EACH $90.00
Printed: 9/28199 1:16:34 PM Date Of Acceptance Signature
OMES INC AT YOUR SERVICE Job No Quote No Serial No Page
HWAY 522 NORTH 1817 POTTS HILL ROAD 11752 8077 2 of 4
RG, PA 17842- ETTERS, PA 17319 Job Site Location Ship Date
0) 837.2333 Phone: (717) 938-5729 FAX: (717) 932-3958
) 837.2346
L(570) Retail Customer Name ENOLA, PA
FO@APEXHOMES.NET MORRIS County CUMBERLAND
Payment Method escription Carrie Sales Rep ales Rep Email
C.O.D. CERTIFIED "'CUSTOM RANCH 4 4 #12 DM Dmarx@Apexhomek.net
UTILITY
option
TV JACK IRGS - S EACH 590.00
BOX & BLOCKING FOR d EACH 5780.00 _.
PADDLE FAN
'CANUGHTS (MODEL NO LUP-MB 6 EACH 5350.00
at WINDOWS
#3 WINDOWS
C D000.S
O D60 RS SHINGLES
S 3048 DH _
SHIPPED LOOSE I INSTALLED ON
BY OTHERS
SHIPPED LOOSE / INSTALLED ON
BY OTHERS
IMATRU CS102/CLEAR OVAL
/28
SOFFIT & ROOF TRIM VINYL & ALUMINUM OFFIT
GREEN
SAFETY GLAZED WINDOW ABOVE WHIRLPOOL
SHUTTERS RAISED PANEL/ FRONT ONLY '.GREEN
SK_YLITE _ 13046 FIXED (SHIP LOOSE) I INSTALLED ON
___
- - (SITE BY OTHERS /KITCHEN AND GREAT
INTERIOR DOORS :SLIDER ASSEMBLY (DBL. DOOR.
ISEDROOMS #2 & #3 AND FOYER
[ONLY
ANTERIOR DOORS OCKET DOOR ASSEMBLY I OX
LOH
EACH
INTERIOR TRIM _ _?PINE _ fwnlle I I
WINDOW STOOLS MW PINE H(TE-„ __ 18 EACH
STAIRS FIXED STAIRS REPL PULL DOWN STAIRS EACH
VAL REPL 7 EACH THERMATRU CS_210
EACHTHERMATRU F0510 REPL1
HERITAGE II-7/12.32
LF TAMKO ELITE
INYL & ALUMINUM REPL 1 VINYL &
IMINUM
:FOYER (OMIT VINYL ONLY 1 { 4.51 LF 1 ($22.00) .5 LF OMIT VINYL ONLY REPL 4.5 LF
INYL W/ 114' LUAN _
LAUNDRY ROOM VINYL W/ 1/4" LUAN _ 59902 8.53331 LF _
KITCHEN OMIT VINYL ONLY T- ? 15 LF I ($75.00) I15 LF OMIT VINYL ONLY REPL 15 LF
------------ VINYL W/ 114" LOAN
(VINYL WI 114" LUAN 1011 I
Printed: 9/28199 1:16:37 PM Date Of Acceptance Signature '
APEX HOMES INC AT YOUR SERVICE
247 US HIGHWAY 522 NORTH 1817 POTTS HILL ROAD
MIDDLEBURG, PA 17842- ETTERS, PA 17319
Phone: (570) 837-2333 Phone: (717) 938.5729 FAX: (717) 932.3958
FAX: (570) 837.2346 Retail Customer Name
E-Mail: INFO@APEXHOMES.NET MORRIS
Ofdef Date Payment Method Model Description eozes
912/1999 C.O.D. CERTIFIED "CUSTOM RANCH 4
FLOOR COVERING
OptionlD Specification Color Qj
BATH #2 VINYL W/114" LUAN 1
GREAT ROOM (OMIT GORMAM CARPET 8 PAD
,..-_GORM_... _AM _CARPET -..._- 8 PAD _...._.___
DINING ROOM ;OMIT _.__..r.
BEDROOM #1 'GORHAM CARPET W/S LB. PAD EMERALD
- - REEN-N75T4?:
BEDROOM #2 yGORHAM CARPET W/5 LB. PAD EMERALD
. _.__. ?..._-- __ _- _ GREEN -H757d
BEDROOM #3 IGORHAM OARPETW/S LB. PAD COUNTRY-
HALL
'BASE CABINETS
30" WALL CABINETS
Job No Quote No Serial No Page
11752 8077 3 of 4
Job Site Location Ship Dale
ENOLA, PA
County CUMBERLAND
riers Sales Rep Sales Rep Email
4 #12 DM Dmarx@ApexhomeS.net
LF ($480.00) 32 LF OMIT GORMAM CARPET 8 PAD
REPL 32 LF GORHAM CARPET W/5 L8.
PAD
LF (5214.00) 1425 LF OMIT GORMAM CARPET 8 PAD
REPL 14.25 LF GORMAM CARPET WI5
LB. PAD
LF GORMAM CARPET W15 I.B.
REPL 30.5 LF
RANGE HOOD ? _-
COUNTERTOP 25" PROFILE - 433 REPL STD S LF
(HUNTER 27.75 V700
27.75 LF 25' PROFILE - 433 REPL STD
NEBULA-4827 `
,REPL 27.75 LF 25- PROFILE - 100
ISO
-___?.__.__..
KITCHEN SINK !6" DEEP DOUBLE BOWL- KOHLER PRO
_.13322-64
!KITCHEN FAUCET IKOHLER NO K-12754721 WITH SPRAY =
SITE BY OTHERS
BATHROOM#1
A WHIRLPOOL
HEAD
VANITY BASE -SPRINGFIELD IVSB30 (NATURAL
'VANITY TOP IMARBLE ALMONDIWI
VANITY FAUCET KOHLE0. NO K•P75181 -
WATER CLOSET ROUND WATER SAVER - KOHLER NO ALMOND
402015 _ .. __._... _.. .
MEDICINE CABINET 18z24 STANDARD W/ LIGHT BAR (NATURAL
SPECS
1EACH
GARDENIA WHIRLPOOL W/
AND SHOWER HEAD REPL 1
3"TUBI SHOWER -KOHLER NO
KOHLER K-1215101 FAUCET
Printed: 9!261991:16:46 PM Date Of Acceptance Signature
APEX HOMES INC AT YOUR SERVICE Job NO Ouot0 No Serial No Page
247 US HIGHWAY 522 NORTH 1817 POTTS HILL ROAD 11752 80774 of 4
" MIDDLEBURG, PA 17842- ETTERS, PA 17319 Job Site Locaflon - Ship Date
Phone: (570) 837-2333 Phone: (717) 938-5729 FAX: (717) 9323958
FAX: (570) 837.2346 Retail Customer Name ENOLA, PA
I
E-Mail: INFOQAPEXHOMES.NET MORRIS County CUMBERLAND. '
Order Date Payment Method Model Description Boxes Carriers Sales Rep Sales Rep Email
912/1999 C.O.D. CERTIFIED "CUSTOM RANCH 4 4 412 DM Dmarx@Apexhomes.net
BATHROOM
Total
Option
IBATH UNIT 600 CCSWP CORNER WHIRLPOOL W/ MOND 1 EACH
$950.00 1 EACH 2600 CCSWP CORNER
" GREENBOARD SURROUNO IRLPOOL WI GREENBOARD
SURROUND REPL 1 EACH 60" TUB I
' SHOWER • KOHLER NO 1532 WIKOHLI
WHIRLPOOL MODEL WITH ENO
SKIRTED SIDES
BATH UNIT .36'
_ W/
WATER CLOSET
MEDICINE CABINET
GREEN
i STALL - KOHLER NO
K-P15111 FAUCET
NO K-P15181
DOOR
EACH
1EACH
Printed: 9128199 1:16:40 PM Date Of Acceptance Signature
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VERIFICATION
We, David Morris and Crystal Morris, verify the averments of the foregoing document
are true and correct to our personal knowledge, information and belief. We understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn
falsification to authorities.
Date: 2-, 7 " 0 T- By:
David Morris
Date: 9-q -b S By: ?O Q U, 1 ?tJk o
Crystal rris
1
1 Ll I ?-?
VD
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
V.
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.,
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 05-746
Civil Action - Law
Jury Trial Demanded
PRAECIPE
Please reinstate the above-captioned Complaint.
Date: March 17, 2005
Respectfully submitted,
REAGERR)& ADL , P.C.
Theodore A. Adler, Esquire
Attorneys for Plaintiffs
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
V.
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 05-746 - Civil
Civil Action - Law
Jury Trial Demanded
CERTIFICATE OF SERVICE
I, Christine M. Ciccocioppo, verify that on March 11, 2005, I caused the Notice which is attached
hereto as Exhibit A to be placed in the United States mail, first class, postage prepaid and
addressed to Defendant at, Apex Homes, LLC, 247 U.S. Highway 522 North, Middleburg, PA
17842. A copy of the certificate of mailing is attached hereto as Exhibit B.
Christine M. Ciccocioppo, Paralegal
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: THOMAS O. WILLIAMS, ESQUIRE
Attorney LD. No. 67987
Email: Twilliams@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
AT YOUR SERVICE HOME
No.: 05-746 - Civil
BUILDER, LLC, and Civil Action -Law
APEX HOMES, INC.,
Defendants Jury Trial Demanded
IMPORTANT NOTICE
TO: Apex Homes, LLC
247 U.S. Highway 522 North
Middleburg, PA 17842
DATE OF NOTICE: March 11, 2005
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP,
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
EXHIBIT "A"
U.S. POSTAL SERVICE CERTIFICA EALF AI ING
MAY BE USED FOR DOMESTIC AND INTERNATION MAIL, DOES NOT
PROVIDE FOR INSURANCE-POSTMASTER
Received From:
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011 I
r
One piece of ordinary mail addressed t¢
''yam
Apex Homes, LLC
Middleburg PA 17842
a rurm 36 17, Mar. l atrs
Affix fee here in stamps
or meter postage and
post mark. Inquire of
?1 fib
fR
i
E 4 f ?r
a^ I R`.1
of
rn
EXHIBIT "B"
DAVID MORRIS and
CRYSTAL MORRIS,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
AT YOUR SERVICE HOME BUILDER, LLC, JURY TRIAL DEMANDED
and APEX HOMES, INC.,
Defendants NO.: 05 - 746 CIVIL
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of Defendant, Apex Homes, Inc.
TH(?MAH (`CLARK. F ll.
Date: March 18, 2005
cc: Theodore A. Adler, Esq.
At Your Service Home Builder, LLC
THOMAS C. C P.C.
13. Thomas C. Clark
Attorney for Defendant,
Apex Homes, Inc.
431 East Main Street
P. O. Box 57
Middleburg, PA 17842
(570) 837-0091
Atty. Id. # 07661
f^J
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C_;
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'7 ??
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N
DAVID MORRIS and : IN THE COURT OF COMMON PLEAS
CRYSTAL MORRIS, : OF CUMBERLAND COUNTY,
Plaintiffs : PENNSYLVANIA
V. CIVIL ACTION - LAW
AT YOUR SERVICE HOME BUILDER, LLC, JURY TRIAL DEMANDED
and APEX HOMES, INC.,
Defendants NO.: 05 - 746 CIVIL
NOTICE TO PLEAD
TO THE PLAINTIFFS:
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment may be entered against you.
THOMOCL C.
BYl omas . arAttorney for Defendant,
Apex Homes, Inc.
Atty. Id. # 07661
431 East Main Street
P.O. Box 57
Middleburg, PA 17842
(570) 837-0091
m:,e?`?
Ta? .na.
PXOFE590Ma CORFOBXIlpl
P 0 BOX 57
i
DAVID MORRIS and
CRYSTAL MORRIS,
Plaintiffs
V.
AT YOUR SERVICE HOME BUILDER, LLC,
and APEX HOMES, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NO.: 05 - 746 CIVIL
ANSWER AND NEW MATTER OF DEFENDANT APEX HOMES, INC.
1. The averments of numbered paragraph 1 are admitted.
2. The averments of numbered paragraph 2 are admitted.
3. The averments of numbered paragraph 3 are admitted.
4. The averments of numbered paragraph 4 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
5. The averments of numbered paragraph 5 are admitted.
6. The averments of numbered paragraph 6 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
7. The averments of numbered paragraph 7 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
8. The averments of numbered paragraph 8 are denied since after reasonable
THONA9 CFCWRK. P. C.
3`EAST MI ,„Sra g.?o' 13T
10 x s,
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
9. The averments of numbered paragraph 9 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
10. The averments of numbered paragraph 10 that Defendant, Apex Homes, Inc.,
delivered the Modular Home to the contract site are admitted; however, Defendant, Apex
i Homes, Inc., did not place the Modular Home on top of the Superior Wall system.
11. The averments of numbered paragraph 1 I are denied; Defendant, Apex Homes,
Inc., did not set the Modular Home; Defendant, Apex Homes, Inc., only manufactured the
Modular Home and delivered the home to the site.
I
12-21. The averments of numbered paragraphs 12 through 21 are denied since after
reasonable investigation, Defendant is without knowledge or information sufficient to form a
belief as to the truth of the averments and strict proof thereof is demanded.
22. The averments of numbered paragraph 22 that Morrises learned that the cause of
the problem was improper bracing of the Superior Wall by Defendant, At Your Service Home
Builder, LLC, is denied since after reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments and strict proof thereof is
demanded; however, it is denied that Defendant, Apex Homes, Inc., improperly set the Modular
Home since Defendant, Apex Homes, Inc., did not set the Modular Home.
23. The averments of numbered paragraph 23 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
TAONAAOV'. CLAA%.V?'-
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NI-Eg? G Pox 150430055
24. The averments of numbered paragraph 24 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded.
WHEREFORE, Defendant, Apex Homes, Inc., requests that Plaintiffs' Complaint be
dismissed and that judgment be entered in favor of Defendant, Apex Homes, Inc., and against
Plaintiffs.
COUNT I: BREACH OF CONTRACT
(Morrises v. At Your Service)
25-33. No answers required by Defendant, Apex Homes, Inc.
COUNT II: BREACH OF WARRANTY
(Morrises v. At Your Service)
34-36. No answers required by Defendant, Apex Homes, Inc.
COUNT III: BREACH OF WARRANTY
(Morrises v. Apex)
37. No answer required.
38. The averments of numbered paragraph 38 are admitted.
39. The averments of numbered paragraph 39 are admitted that Defendant, Apex
Homes, Inc., delivered the Modular Home; however, Defendant, Apex Homes, Inc., denies
setting the Modular Home on the Superior Wall system in a manner whatsoever since Defendant,
Apex Homes, Inc., did not set the Modular Home.
40. The averments of numbered paragraph 40 are admitted since Defendant, Apex
Homes. Inc., did not set the Modular Home.
41. The averments of numbered paragraph 41 are admitted because Defendant, Apex
Homes, Inc., had no liability for the damage, and had no knowledge of the damage.
42. The averments of numbered paragraph 42 are denied; the Modular Home was
manufactured and delivered pursuant to the contract with Defendant, At Your Service Home
Builder, LLC, which Modular Home properly conformed to all contractual requirements and
Defendant, Apex Homes, Inc., breached no warranties whatsoever, express or implied.
43. The averments of numbered paragraph 43 are denied since after reasonable
investigation, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the averments and strict proof thereof is demanded; in further answer, even if Plaintiffs
incurred damages, Defendant, Apex Homes, Inc., has no legal liability therefor since Defendant,
Apex Homes, Inc., had no contract with Plaintiffs and Defendant, Apex Homes, Inc., properly
manufactured and delivered the Modular Home to Plaintiffs' site.
WHEREFORE, Defendant, Apex Homes, Inc., requests that Plaintiffs' Complaint be
dismissed and that judgment be entered in favor of Defendant, Apex Homes, Inc., and against
Plaintiffs.
COUNT IV: VIOLATION OF THE UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW
(Morrises v. At Your Service)
44-49. No answers required by Defendant, Apex Homes, Inc.
THONAH C. CL.1RA. YA'. I
ca0311n11? nN1-11T
?OB ?5?
?oo?Ea?A??P n- oas? ?I,
<..Os,o a31e so os,
NEW MATTER
AND NOW, comes the Defendant, Apex Homes, Inc., and in further defense alleges the
following New Matter:
50_ Defendant, Apex Homes, Inc., properly manufactured the Modular Home
pursuant to a contract with At Your Service Home Builder, LLC.
51. Defendant, Apex Homes, Inc., had no contractual relationship with Plaintiffs and
owes no legal liability to Plaintiffs whatsoever.
52. Defendant, Apex Homes, Inc., delivered a Modular Home to Plaintiffs' site but
did not set the Modular Home.
WHEREFORE, Defendant, Apex Homes, Inc., requests that Plaintiffs' Complaint be
dismissed and that judgment be entered in favor of Defendant, Apex Homes, Inc.
Date: March 18, 2005
xaoNn9 c. aLeRK P.c
I vaos[SSiam« coavonenorv '.
441 EAST MAJN siass*
niom[BURG PA 17842 Bo57
r¢SVHOrvs ?s,meav-oos?
THOMA4CLA P.C.
BY;? ?.
Thomas C. Clark
Attorney for Defendant,
Apex Homes, Inc.
Atty. Id. # 07661
431 East Main Street
P.O. Box 57
Middleburg, PA 17842
(570) 837-0091
I i
VERIFICATION
I, Kent L. Jenkins, Vice President of Finance and Development of Apex Homes, Inc.,
verify that the statements made in the foregoing Answer 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.A. § 4904 relating to unworn falsification to authorities.
I '
KENT L. JEN S
LAW ?I`Fr?F OF
T.U.11, U I E",
.
431 EAIIT MAIN ATF-T
MIDDLEBURG. PA 17842 0057
IAA
CERTIFICATE OF SERVICE
On the 18`h day of March, 2005, I, Thomas C. Clark, Attorney for Defendant, Apex
Homes, Inc., do hereby certify that the foregoing Answer and New Matter was served by
depositing same in the U.S. Mail, postage paid, addressed as follows:
Theodore A. Adler, Esq.
Reager & Adler, P.C.
2331 Market Street
Camp Hill, Pennsylvania 17011
At Your Service Home Builder, LLC
1817 Potts Hill Road
Etters, Pennsylvania 17319
THOMAS C. CLARK
Attorney for Defendant,
Apex Homes, Inc.
Atty. Id. # 07661
LAW OFFICE OF
THONMY C. Cf.ARR. l'.C.
PRO
11 1 MwiN -Al T
A/APEX.MORRIS-ANSWER
JRW(TCC-9596)
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REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: Tadler@ReagerAdlerPC.com
Attorneys for David and Crystal Morris
DAVID and CRYSTAL MORRIS,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.,
Defendants
No.: 05-746
Civil Action - Law
Jury Trial Demanded
PLAINTIFFS' REPLY TO NEW MATTER OF
DEFENDANT, APEX HOMES, INC.
50. Denied. After reasonable investigation, Plaintiffs are
information sufficient to form a belief as to the truth of the averments
and strict proof thereof is demanded at trial.
51. Denied as a legal conclusion.
52. Denied. Plaintiffs incorporate the averments of paragraphs 1
Complaint as if set forth fully herein.
WHEREFORE, Plaintiffs, David and Crystal Morris respectfully
Iknowledge or
in paragraph 50
11 and 39 of their
this Honorable
Court to enter judgment against Defendant, Apex Homes, Inc. in the amount
lawful interest and costs as provided for by law.
Date: April 6, 2005
REALER & A ER, P.
$28,167 plus
A. Adler,
VERIFICATION
We, David Morris and Crystal Morris, verify the averments of the
are true and correct to our personal knowledge, information and belief. We
statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
document
that false
to unsworn
falsification to authorities.
Date: V"l" C) 5
By:
az--? /A
David Morris
Date: vr? By:
Crystal
CERTIFICATE OF SERVICE
AND NOW, this 6`h day of April, 2005, I hereby verify that I have caused a true and
correct copy of the foregoing Plaintiff's Reply to new Matter of Defendant, Apex Homes, Inc. to
be placed in the U.S. mail, first class, postage prepaid and addressed as
Thomas C. Clark, Esquire
431 East Main Street
P.O. Box 57
Middleburg, PA 17842-0057
At Your Service Home Builder, LLC
1817 Potts Hill Road
Etters, PA 17319 /-
Christine M. Ciccociopp6, Paralegal
y t7
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.
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r: (; --141
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?y C. (V t--?ffl
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-00746 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORRIS DAVID ET AL
VS
AT YOUR SERVICE HOME BUILDER
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
AT YOUR SERVICE HOME BUILDER LLC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May 11th , 2005 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 27.34
Postage 1.11
65.45
05/11/2005
REAGER & ADLER
Sworn and subscribed to before me
So answers:
R. Thomas Kline
Sheriff of Cumberland County
this day of
1.6T A. D.
Prothonotary'
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-00746 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
S DAVID ET AL
VS
AT YOUR SERVICE HOME BUILDER
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
APEX HOMES LLC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of SNYDER County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On May 11th , 2005 , this office was in receipt of the
attached return from SNYDER
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Snyder County 22.20
.00
47.20
05/11/2005
REAGER & ADLER
So answer
R. 'Thomas Klirfe `
Sheriff of Cumberland County
Sworn and subscribed to before me
this 13'- day of
A. D.
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-00746 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORRIS DAVID ET AL
VS
SERVICE HOME BUILDER
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
AT YOUR SERVICE HOME BUILDER LLC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of YORK
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On May 11th , 2005 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 35.39
Postage 1.75
74.14
05/11/2005
REAGER & ADLER
Sworn and subscribed to before me
So answers
R. Thomas Kline
Sheriff of Cumberland'County
this 132? day of
iZ ti`L A.D.
° 'Prothonotary
?
In The Court of Common Pleas of Cumberland County, Pennsylvania
David Morris et al
vs.
At Your Service Hone Builder LLC et al
SERVE: same
No. 05-746 civil
Now, February 14, 2005
hereby deputize the Sheriff of
York
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
20_, at o'clock M. served the
n
r-?
i
J,
copy of the original
So answers,
Sheriff of
Sworn and subscribed before
me this , day of 20?
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
-77
N
the contents thereof.
County, PA
In The Court of Common Pleas of Cumberland County, Pennsylvania
David Morris et al
vs.
At Your Service Home Builder LLC et al
SERVE: Apex Homes LLC
No. 05-746 civil
Now, February 14, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Snyder County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
copy of the original
and made known to the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE $
me this _ day of , 20 MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
SAVED DISK # 05-746 MISC. DKT. BOOK # 33
PAGE # 247
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DAVID and CRYSTAL MORRIS NO: 05-746
NOTICE AND COMPLAINT
VS
AT YOUR SERVICE HOME
BUILDER, LLC, and
APEX HOMES, INC.
AFFIDAVIT OF SERVICE
AND NOW, February 17, 2005 I Lucas Bingman, Deputy Sheriff for Joseph S. Reigle, Jr., Sheriff of Snyder County,
Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint was served
upon Apex Homes, Inc., named defendant, on February 16, 2005, at 1:25 P.M., at 247 US Highway, 522 North, Middleburg,
Snyder County, Pennsylvania, by personally handing to Robert Nipple, President a true and correct copy of the above
described Notice and Complaint and made know to Robert Nipple the contents of the same.
SO ANSWERS
JOSEPH S. REIGLE, JR., SHERIFF
SNYDER COUNTY, PA.
BY:
DEPUTY LU S BINGMAN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SNYDER SS:
SWOR ,TO AND SUBSC D BEFORE ME
THIS ?J DAY OF 2005
n PR9T'HONOTARY
DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA.
SNYDER COUNTY SHERIFF'S FEES-
Docketing - Service, Etc. $ 18.00
Mileage 120
Notary 3.00
TOTAL: $ 22.20
Deposit 75.00 Receipt #:3516
FCOhIIC1Dhl IN I Mrt"v.. 4t
PAID TO COUNTY CHECK #
REIMBURSED TO PETTY CASH CHECK #
Refund: 52.80 Check #:2886
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE I INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN If PLEASE TYPE ONLY LIM 1 THRU 12
DO NOT DETACH ANY COPIES
•^?? 1 GVUHI NUMC
DAVID CP.YSTAL MORRIS 05-746 civil
4 TYPE OF WRIT OR COMPLAINT
3. DEFENDA T/
[N04r YOUR SL'I:VICE HOME BUILDER, LLC & APEX HOMES IN CICA
SERE 5 NAME OF INDIVIDUAL COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD
AT YOUR SERVICE ;TOME BUILDER
6 ADDRESS STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO. T WP STATE AND ZIP CODE)
AT 1517 (STREET HILL RD. ETTERS, PA
7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE U DEPUTIZE J CERT MAIL U IST CUSS MAIL U POSTED 'J OTHER
NOW 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of
COUNTY to execute this Writ and make return thereof -according
to law. This deputization being made at the request and risk of the plaintiff
SHERIFF OF YORK COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WALL ASSIST IN EXPEDITING SERVICE
OUT OF gTATfi COUNTY
CUMBFRLAND
ADVANCE FEE PD BY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.a. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment without liability on the pan of such deputy or the sheriff to any plaintiff
herein for erry loss, destruction, or removal of any property before sheriff's sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED
THI, D0;1" ADLE, 2331 NARYET ST. C- HILL PA 3-7011 763-13 3 2-10-05
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is to be marled)
CUP9ll;:;P,TI ND CO SHERIFF
SPACE 13ELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LMVE
13. I acknowledge receipt o/ the writ 14. tM7E RECEIVED 15. ExpuaboNHeanng Date
or complaint as lndinted above. I:. 111II11 INS 2-15-05 3-12-05
16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW
17. I flneDy certrp and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.)
16. E AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Seance
21. ATTEMPTS( Dale I Time I Mitpvs I Int. I Date I Time Miles I Int I Date I Time I Mlles j IM I Date I Trme I Miles I Int I Date I Time I Miles I Int. I Dale I Time I Miles I Int.
L-1- CV"-Y 1d ?1Q0* }A;114 , d- " A _d C'-
al -1" bfk(cl c ??
ac?&UJ--? .
23. Advance Costs
loo.oo S rv ce Costs N/F
Q7 26 Mflea a 27 Postage Z28 Tclial 29Pound 30 Notary
LY7 31Surchg 32 TotCoss
3 33 Cos
. ue or l eck No
74318
K. Foreign County Cosh 11 ]5Atlvance Costs 36 Service Costs 37 No 38. M9eage/Postage/NOl Found 39 Total COSIS 10 Costs Due or Refund
41
AFFIRMED and subscribed to before rite this SO ANSWERS
.
42 tlaY Of y `.:: (? ii : 2oLia 63. - ?- 2 44 Sgnature of
DeP. Shenrt 45 DATE
PR, Y' BArY
"
i 46. Sign If of York
County Sheriff
Y6w?C?/ 47 DATE
. 48 Signature of Forego
Cou
my Shenrt 49 DATE
KNOWLEDGE RECEIPT OF THE SHE IF ETUR SIG NATURE 51 DA TE RECE IVED
of AUTHORIZED ISSUING AUTHORITY AND TITLE
I. WHITE - IssWng Aldhonty 2. PINK - Attorney 3. CANARY - Shefnr3 Office 4. BLUE - Sherllrs Office
COUNTY OF YORK
RICE
7)7711 6 -9601 LL
OFFICE OF THE SHERIFF S( 1
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE INSTRWTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LME 1 THRU 12
DO NOT DETACH ANY COPIES
1. PLAINTIFF/S/ 2. COURT NUMBER
David and Crystal Morris
3. DEFENDANT/S/
Home Builder LLC et al
1.
Notice and Complaint
SERVE it a. NAMI, Ur INUIYIUUPL. UUMVANT. GUKYUKAI PUN, I, IG IU StKVE UK UES(;KIY I ION DY PROPER IY ID BE Ll: IEU, ATTACHED, OR SOLD
Thcrnas M. Stewart as president of At Your Service Home Builder
6 ADDRESS (STREET OR RF0 WITH BOX NUMBER, APT NO CITY, BORO. TWP . STATE ANO ZIP CODE)
AT 1817 Patts Hill Road Etter:, PA 17319 t
7. INDICATE SERVICE D PERSONAL U PERSON IN CHARGE U DEPUTIZE R rmi-1 -MT111T11L U 1 ST CLASS MAIL U POSTED 'J OTHER
NOW March 18 20P-5 1, SHERIFF OF fCjWCOUNTY PA o hereby de u the sheriff of
York COUNTY to executeJ+Rfa e uj% ord ng
to law. This deputization being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. rland
L6vYl?"EJL
I?,,j Please mqi?, return of sgtyice•to?g nberland County Sheriff. Thank you.
NOTE: ONLY APPLICABLE ON WRIT OF EXEI;UTION: 0/5. WAIVER OF WAttHMAN - Any deputy sherM levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found id session, after notifying person of levy or aftachmertl without liability on the pan of such deputy of the shenfl to any plaintiff
herein for any loss, destruction. or removal of any property before sheriffs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 . DATE FILED
DD( r? #r ?0/L ?? 1 nl'Le 9 S -- djxP /'//%Mf /7L
7/v 3- 139S S--7-U5
/W 1- I
12. SE!JQNOTICE OF SERVICE COPY TO NAME ANO ADORESA BELOW. (This area musf be completed it no6Ce is to be maned)
. ^M oc1.w" run 4x Nr 1 rw- anltcscrr W mi I VP I r 0=11Jw 11'p LOW
13. 18cItntlMed indicated the wed 1?DEIVED 15. Eapwa' Hepri?Dal!
or complaint as as indicated above.
16. HOW SERVED: PERSONAL ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE( ) OTHER ( ) SEE REMARKS BELOW
17 O 1 hereby certify and return a NOT FOUND because I am unable to locale the individual, company, etc. named above. (See remarks below. )
18. AND TITLE OF INDIVIDUAL SERVED I LIST AD ESS HERE IF NOT SHOWN ABOVE {Relationship ko Defendant) 19. Oa of Service 20 Time of Serw,
21 . ATTEMPTS Date Lme Mile Date Time Miles Int. Date Line Mlles Int. Date Time Miles Ink. Date Time Miles Inl. Dale Time Miles Int.
22. REMARKS. Wl+to /
GQ PA-PI'9- TL7 '7-'? t' OY? l 16, l7oc>?,?
5
Gpsta\ 124 ServiceCosts J 25 N/F 126. Mileage 27 Postage 28. Sub Total 29 Pound 30 Not
County Cosh 35. Advance Costs J6?Serv,ceCOSts 37 NotaryCert. 38. Maea0Posla9eJ/
41. AFFIRMED and subsc lPeld to 0OWe me this K
44. Signature of
42. day of 3-l?ay ,.20°1'L1 47. Dep Sher ff
PRO tY /NOTARY 46. Sgnature of ak
County Sheriff
50 1 'CKNOVYLEDG OF AUTHORIZEDEIRECEIPT %ID T T ETURN SIGNATURE
1 WHITE - Issu109 Authority 2. PINK - Attorney 3. CANARY Sheriffs Office 4. BLUE - Sherlfrs Office
try 31. Smcng. 72 Ta. Co Coils Refund eck
77
P
]
74 ,
F n
d 39 Total Costs 40
Due or RefunO
O ANSWERS
45 D
47 TE
5/5/x/
/05
_
49 DATE
51. DATE RECE IVED
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberralab Cauntp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
i)s- nia CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 2an_4s'7'2