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HomeMy WebLinkAbout14-1820 Supreme Court ofiPennsylvania COUr of Common Pleas For Prothonotary Use Only: Civil Cover Sh6 t CUM �� l•� Docket No: ; r..• S, BRLA'ND County The informatiota collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S X! Complaint EJ Writ of Summons Petition 0 Transfer from Another Jurisdiction at Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Philip A. McCarthy and Marcy J. Douglas Lawmen Construction LLC Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Yes No (check one) ❑x outside arbitration limits O N Is this a Class Action Suit? M Yes E No Is this an MDJAppeal? 0 Yes E No A Name of Plaintiff /Appellant's Attorney: Shawn M. Stottlemyer, Esq. Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection: Credit Card E3 Board of Assessment 1©= Motor Vehicle El Debt Collection: Other C_i Board of Elections 0 Nuisance 10 Dept. of Transportation Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) �J Employment Dispute: Slander/Libel/ Defamation Discrimination C [E Other: Employment Dispute: Other Zoning Board , Negligence ❑— Other: I 0 Other: O MASS TORT El Asbestos N E] Tobacco Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Other: D Ejectment 0 Common Law /Statutory Arbitration B D Eminent Domain /Condemnation E3 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute [_i Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial Quo Warranto Dental Partition Replevin 0 Legal 0 Quiet Title E3 Other: 0 Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP A. MCCARTHY and MARCY J. DOUGLASS _p Plaintiffs, - s ° r_.) CD vs. CIVIL ACTION -LAW -< ` '" LAWMEN CONSTRUCTION LLC, ,` --x, GRANT MARSHALL d/b /a MARSHALL )q. �� C%G csr ENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC, and ADVANCED CONCRETE SYSTEMS, INC. NOTICE Pursuant to PA RCP No. 1018.1 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 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 S. Bedford Street, Carlisle, Pennsylvania Telephone number 71.7- 249 -3166 iO - 7s�d ej4_ 4/z- - A l 4 5 A 303�5350 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP A. MCCARTHY and MARCY J. DOUGLASS Plaintiffs vs. CIVIL ACTION -LAW LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b /a MARSHALL ENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC, and ADVANCED CONCRETE SYSTEMS, INC. COMPLAINT AND NOW COME Plaintiffs, Philip A. McCarthy and Marcy J. Douglass (hereafter known as Plaintiffs), by and through their attorneys, Mooney and Associates, by Shawn M. Stottlemyer, Esquire, and file this Complaint, whereof the following is a statement, to wit: 1. Plaintiffs are Philip A. McCarthy and Marcy J. Douglass, married individuals, currently residing at 169 Kerrs Road, Carlisle, Cumberland County, PA 17015. 2. Defendant Lawmen Construction LLC (hereafter known as Lawmen) is a Pennsylvania Limited Liability Company, having a registered address of 149 Kerrs Road, Carlisle, Cumberland County, PA 17015. 3. Defendant Grant Marshall d/b /a Marshall Engineering, is an individual with a residence of 149 Kerrs Road, Carlisle, Cumberland County, PA 17015 and is also an owner of Defendant Lawmen. 4. Defendant Middle Department Inspection Agency, INC, (hereafter MDIA) is a Pennsylvania corporation, having an address of 3901 Hartzdale Drive Suite 112, Camp Hill, PA 17011. 5. Defendant Advanced Concrete Systems, INC,(hereafter Advanced Concrete) is a Pennsylvania corporation, having an address of 55 Advanced Lane, Middleburg, PA 17842. 6. On May 14, 2007, Plaintiffs and Lawmen entered into a contract for the sale of real property to be located at 169 Kerrs Road, Carlisle, Cumberland County, Pennsylvania. Attached as Exhibit A is a full and accurate copy of that contract. 7. The contract price for the property was $264,900. 8. The house located at this address was under construction when the parties entered into their contract, said construction being completed pursuant to blueprints developed by Grant Marshall. Attached as Exhibit B are full and accurate copies of the blueprints submitted by Grant Marshall. 9. Prior to beginning construction of the home, Lawmen failed to secure all necessary permits associated with the construction of the home. 10. Without verifying that the proper permits were secured Advanced Concrete began installation of the Superior Walls foundation. 11. As such, the initial work in constructing the home, including initial location marking, digging, and setting of a Superior Walls foundation were done without all necessary permits. Attached as Exhibit C is the construction permit issued by West Pennsboro Township on December 01, 2006. 12. Due to the work beginning without all necessary permits, review and approval, the foundation was set one foot and eight inches forward in violation of a sixty -foot setback required by Zoning Ordinance Article 4, Section 407A. 13. The foundation consisted of a product called Superior Walls, which has specific use guidelines and installation requirements. 14. Attached as Exhibit D is the Builder Guideline Booklet from Superior Walls. 15. At this point in construction, the Superior Walls foundation was not connected at the top of the Superior Walls panel (sill plate) and the floor slab at the bottom of the Superior Walls panel. 16. All construction of the home was stopped for six weeks due to this Order as Lawmen applied for a Variance to the sixty -foot setback. Attached as Exhibit E is the Variance Request dated November 3, 2006. Attached as Exhibit F is the public notice of the Variance Request. Attached as Exhibit G is the Order granting the Variance dated November 22, 2006. 17. Superior Walls Builder's Guideline Booklet clearly states that to comply with building code requirements, the framing /decking connection at the top of the Superior Walls panel (sill plate) and the floor slab at the bottom of the Superior Walls panel must be complete prior to backfilling. It further states that backfill shall not be placed against the wall until the wall has sufficient strength and has been anchored to the floor above, or has been sufficiently braced to prevent damage by backfill. 18. Prior to the set -back issue, backfill was improperly placed against the erected Superior Walls Foundation without proper support. 18. Prior to the set -back issue, backfill was improperly placed against the erected Superior Walls Foundation without proper support. 19. Due to the setback issue, this improper construction without support was left for over four months. 20. After the Variance was granted, it is believed and therefore averred nothing was done by Lawmen or Advanced Concrete to remedy the improperly constructed Superior Walls. 21. Further, the Superior Wall foundation was not connected properly to the rest of the house. 22. Despite the improper placing and fastening of the Superior Wall foundation MDIA issued a Certificate of Occupancy on July, 17, 2007. 23. The Plaintiffs were unaware of the improper construction of their foundation at the purchase of their property. 24. In January, 2013 the Plaintiffs had contractors in to remodel their basement. 25. The contractors were able to determine at this time the basement was caving in. 26. On January 22, 2013 a Superior Walls serviceman was sent out to look at the basement. 27. The serviceman determined the front wall is leaning 3.85 inches, presently 4.00 inches, with 3 inches considered catastrophic. The west side basement wall is leaning 1.0 -1.75 inches, the back basement wall is leaning 2.0 -2.85 inches, presently 3.00 -3.25 inches, and the garage basement wall has some lean to it. 28. The serviceman also determined all basement wall sill plates are buckled and separated in areas allowing a person standing inside the basement to be able to see outside through the sill plates. 29. Finally, the serviceman determined the front and rear basement walls are separating. 30. As a result of his inspection, the serviceman recommended immediate bracing on front and rear walls. 31. Additionally, the interior house walls are cracking, and after attempted remediation they continue to separate and crack and new cracks are developing. 32. The sheet rock located in the interior of the house is cracked and separated in almost every corner and ceiling joint. 33. It is believed and therefore averred the house shifts with the wind due to the improperly constructed foundation and its attachment to the rest of the house. 34. It has been determined by Plaintiffs that repair of this condition requires the following pursuant to the requirements set forth in the Superior Walls guidebook: a. excavation to push the Superior Walls back into place, b. the floor joists will need to be fastened to the top sill plate of the wall, c. in areas where the damage is too great, the sill plates will need to be replaced, d. the floor joists and subfloor will require fastening, e. backfilling the walls properly. Attached as Exhibit H is the letter detailing needed repairs from Advanced Concrete Systems dated January 24, 2013. . 35. On March 8, 2013 Epic Building Group estimated that the work needed to repair the problems with the Superior Walls would require $71,548.75. Attached as Exhibit I is a Proposal from Epic Builders dated March 8, 2013. 36. Bennett's Backyard Landscape Contractor estimates a cost of $23,807.89 to return the yard to its former condition after completion of the construction. Attached as Exhibit J is an Estimate from Bennett's dated February 19, 2013. 37. Lawmen Construction LLC willfully ignored the Superior Walls Builder Guideline Booklet. The decisions to backfill the walls, leave the walls standing unsupported for four months, and the failure to secure the Superior Walls to the sill plate were done in a reckless indifference to the rights of the Plaintiffs. 38. Despite Superior Walls' provided instructions, which were in the possession of Lawmen when the home was being constructed, the instructions on proper construction of the foundation of Plaintiffs' home were not followed. 39. Despite Superior Walls' provided instructions Grant Marshall prepared and approved plans and began construction without obtaining the necessary permits to begin said construction resulting in the premature laying of the foundation. 40. Despite Superior Walls' provided instructions, which were in the possession of Advanced Concrete when the foundation was being constructed, the instructions on proper construction of the foundation of Plaintiffs' home were not followed. 41. At no time did MDIA warn Plaintiff's, Lawmen, or Grant Marshall that the Superior Walls were improperly installed, improperly fastened, that the floor joists will need to be fastened to the top plate of the wall or that the home was unfit for occupancy. 42. Defendants knew, or should have known, that ignoring these instructions created a high degree of risk of physical harm to another and deliberately proceeded to act in a conscious disregard or indifference to that risk. 43. The Plaintiffs' damages were caused solely as a result of the combined conduct of the Defendants named herein, jointly and severally, and were due in no manner to any act or failure to act on the part of Plaintiffs. Count I: Breach of Contract Against Lawmen Construction, LLC: Latent Construction Defects: Walls and Floor Joists 44. The Plaintiffs incorporate paragraphs 1 through 43 as though set forth at length here. 45. The Plaintiffs have completed performance to which they are obligated under the home construction contract by paying Lawmen Construction in the amount of $264,900. 46. Lawmen Constructions is in breach of the contract in its failure to perform the following: a. Lawmen failed to follow local zoning laws before beginning work on construction, causing a delay for a variance to be granted leaving the Superior Walls standing, without being secured to any floor joists and being backfilled for a period of four months, b. Lawmen failed to perform "all work" in "a workman like manner according to standard practices," in particular, by failing to follow the Builder's Guidebook for the installation of the Superior Walls, c. Lawmen failed to complete work "in a workman like manner according to standard practices," when it failed to comply with the building code requirements to make certain the framing /decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel was ever completed, d. Lawmen. failed to complete work "in a workman like manner according to standard practices," when it failed to comply with the building code requirements to make certain the framing /decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel was ever completed before they backfilled, and e. Lawmen failed to complete work "in a workman like manner according to standard practices," when it failed to make certain backfill was not placed until the walls had sufficient strength and had been anchored to the floor above, or had been sufficiently braced. 47. Lawmen's breach of contract actually and proximately caused the basement walls of the Plaintiffs house to cave in and have catastrophic damage to the entire home. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count II: Negligence Against Lawmen Construction LLC 48. The Plaintiffs incorporate paragraphs 1 through 47 as though set forth at length here. 49. Defendant Lawmen had a duty to follow the instructions set forth in the Superior Walls Builder Guideline Booklet. 50. Defendant Lawmen had a duty to gain all necessary permits and ensure compliance with all zoning laws before beginning construction on the home. 51. The damages to the home were caused directly and proximately by the negligence, recklessness, and /or outrageous conduct of Lawmen by failing to follow said instructions, gain the necessary permits, and follow all zoning ordinances. 52. As a direct and proximate result of Defendant's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the foundation of the home. 53. As a direct and proximate result of Defendant's negligent, reckless and/or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the landscaping surrounding the home. 54. Lawmen Construction LLC willfully ignored the Superior Walls Builder Guideline Booklet and their decision to backfill the walls, leave the walls standing unsupported for four months, and the failure to secure the Superior Walls to the sill plate were done in a reckless indifference to the rights of Plaintiffs. 55. Superior Walls provided instructions directly to Lawmen who knew or should have known that ignoring these instructions created a high degree of risk of physical harm to another and deliberately proceeded to act in a conscious disregard or indifference to that risk. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count III: Breach of Implied Warranty of Workmanship Against Lawmen Construction LLC 56. The Plaintiffs incorporate paragraphs 1 through 55 as though set forth at length here. 57. A person working on a construction project impliedly warrants that he will do his work in a good and workmanlike manner. 58. The builder of a residential unit is held to have extended the implied warranty of workmanship to the purchaser. 59. Lawmen failed to complete work in a workmanlike manner when it failed to follow the instructions set forth for building on the Superior Walls foundation causing substantial damage to the Plaintiff's home. 60. Lawmen failed to complete work in a workmanlike manner when it failed to use materials that were sound for the construction of the home when it allowed the Superior Walls to lay for over four months unsecured and backfilled. 61. The basement walls are leaning in to the extent that the inside of the home is exposed to the elements, allowing, among other items, cold air, water, and animals to enter the home. 62. The home is structurally unsound and described by the Plaintiffs' insurance company as being in a state of catastrophic failure, rendering the property to be uninsurable. 63. The result of the breach will be that Plaintiffs have or will incur substantial costs in the repair of the home. 64. The result of the breach will be that Plaintiffs have or will incur substantial costs repairing the landscaping surrounding the home. 65. The home is less than seven years old. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count IV: Breach of Implied Warranty of Habitability Aizainst Lawmen Construction LLC 66. The Plaintiffs incorporate paragraphs 1 through 65 as though set forth at length here. 67. A warranty of habitability is implied in a construction contract. 68. The builder of a residential home is held to have extended the implied warranty of habitability to the purchaser. 69. The basement walls are leaning in to the extent that the inside of the home is exposed to the elements, allowing, among other items, cold air, water, and animals to enter the home. 70. There are also numerous cracks in the drywall and sheetrock. 71. The home is structurally unsound and described by the Plaintiffs' insurance company as being in a state of catastrophic failure, rendering the property to be uninsurable. The result of the breach will be that Plaintiffs have or will incur substantial costs in the repair of the home. 72. The result of the breach will be that Plaintiffs have or will incur substantial costs repairing the landscaping surrounding the home. 73. The home is less than seven years old. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count V: Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law ( "UTPCPL "), 73 P.S. § 201 -1 (v) and (ix) Lawmen Construction LLC 74. The Plaintiffs incorporate paragraphs 1 through 73 as though set forth at length here. 75. The Pennsylvania UTPCPL, 73 P.S. § 201 -2 (vi) enumerates as a violation of that statute the following: "Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand; 76. It was represented to Plaintiffs that the Superior Walls foundation was original or new. 77. In fact, the Superior Walls foundation had been deteriorated and altered due to prolonged exposure, improper installation, premature backfilling, and lack of sufficient support. 78. In justifiable reliance upon this represented standard of quality, Plaintiffs entered into Exhibit A and contracted with Defendant Lawman to build their home. 79. The Pennsylvania UTPCPL, 73 P.S. § 201 -2 (xxi) enumerates as a violation of that statute the following: "Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding." 80. Plaintiffs were never informed of the delays during the stop work order, the variance request, or the delay in obtaining the proper permits. 81. Lawmen engaged in deceptive or fraudulent conduct when Plaintiffs were never informed of the consequences that these delays could have on the Superior Walls foundation or that the foundation had actually been laid during the delay. 82. Additionally or in the alternative, Defendant Lawman did not provide the Plaintiffs with goods and services of the characteristics and benefits they represented they had. 83. As a result of Plaintiffs' reliance on the standard of quality to which they and Defendant Lawman agreed, and /or their reliance on Defendant's representations concerning the characteristics and benefits of their goods and services, the Plaintiffs sustained the damages set forth at length above in the above paragraphs. Wherefore, the Plaintiffs respectfully ask this Court to award them the following under the Pennsylvania UTPCPL, 73 P.S. § 201 -9.2: a. A statutory award of up to three times the $ 95, 356.64 in actual damages the Plaintiffs have sustained, calculated as follows: $71,548.75 for repairs to the house and 23,807.89 for repairs to the landscaping. b. A statutory award of up to three times the Plaintiffs actual unliquidated damages for work still in progress on the above repairs. c. Reasonable attorney's fees and costs. Count VI: Breach of Implied Warranty against Grant Marshall individually d /b /a Grant Marshall Engineering 84. The Plaintiffs incorporate paragraphs 1. through 83 as though set forth at length here. 85. Grant Marshall was the engineer who designed the plans for the construction of the home, obtained the permits and the variances associated with the home, and at all times oversaw the construction of the home. 86. It is well established that the issuer of detailed plans and specifications impliedly warrants that the project is capable of being constructed in accordance with those plans and specifications. 87. The home was built in accordance with the plans and specifications issued by Grant Marshall. 88. The basement walls are leaning in to the extent that the inside of the home is exposed to the elements, allowing, among other items, cold air, water, and animals to enter the home. 89. The home is structurally unsound and described by the Plaintiffs' insurance company as being in a state of catastrophic failure, rendering the property to be uninsurable. 90. The home is less than seven years old Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred, and Count VII: Negligence against Grant Marshall individually d/b /a Grant Marshall Engineering 91. The Plaintiffs incorporate paragraphs 1 through 90 as though set forth at length here. 92. Defendant Grant Marshall had a duty to issue plans and specifications in accordance with in the Superior Walls Builder Guideline Booklet. 93. Defendant Grant Marshall had a duty to design plans and specifications that were in compliance with all zoning laws before issuing the plans and specifications. 94. The damages to the home were caused directly and proximately by the negligence, recklessness, and /or outrageous conduct of Grant Marshall by failing to issue specifications in compliance with all applicable zoning laws and by willfully ignoring the Builder Guideline Booklet provided by Superior Walls. 95. As a direct and proximate result of Defendant's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the foundation of the home. 96. As a direct and proximate result of Defendant's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the landscaping surrounding the home. 97. Grant Marshall willfully ignored the Superior Walls Builder Guideline Booklet. 98. Grant Marshall's decision to issue plans and specifications not in accordance with the Builder Guideline Booklet provided by Superior Walls was done in a reckless indifference to the rights of Plaintiffs. 99. Superior Walls provided instructions directly to Grant Marshall who knew or should have known that ignoring these instructions created a high degree of risk of physical harm to Plaintiffs. 100. Grant Marshall deliberately proceeded to act in a conscious disregard or indifference to the risk to Plaintiffs. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count VIII: Negligence against Middle Department Inspection Agency 1.01. The Plaintiffs incorporate paragraphs 1 through 100 as though set forth at length here. 102. Defendant MDIA had a duty to properly inspect the home to ensure it was ft for occupancy. 103. Defendant MDIA had a duty to inspect the home to ensure its compliance with all zoning laws before issuing the plans and specifications. Attached as Exhibit K is the MDIA plan review approved December 29, 2006. 104. MDIA approved the footing on November 1.4, 2006, the foundation on November 30, 2006 and the framing on January 18, 2007 before issuing a final approval on July 17, 2007. Attached as Exhibit L is the Middle Department Inspection Agency Application dated July 19, 2007. 105. MDIA knew or should have known the framing/decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel must be complete prior to backfilling. 106. MDIA knew or should have known backfill should not have been placed against the wall until the wall had sufficient strength and has been anchored to the floor above, or had been sufficiently braced to prevent damage by backfill. 107. At no time did MDIA warn Plaintiff's, Lawmen, or Grant Marshall that the Superior Walls were improperly installed, improperly fastened, that the floor joists will need to be fastened to the top plate of the wall or that the home was unfit for occupancy. 108. The damages to the home were caused directly and proximately by the negligence, recklessness, and /or outrageous conduct of MDIA by failing to correctly identify that the specifications were not in compliance with all applicable zoning laws and by willfully ignoring the Builder Guideline Booklet provided by Superior Walls. 109. As a direct and proximate result of MDIA's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the foundation of the home. 11.0. As a direct and proximate result of MDIA's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the landscaping surrounding the home. 111. MDIA willfully ignored the Superior Walls Builder Guideline Booklet. 112. MDIA's decision to issue inspection approval was done in a reckless indifference to the rights of Plaintiffs, despite the Superior Walls requirements and instructions. 113. MDIA knew or should have known that ignoring the instructions created a high degree of risk of physical harm to another and yet MDIA deliberately proceeded to act in a conscious disregard or indifference to that risk. 11.4. MDIA issued a Certificate of Occupancy on July, 17, 2007. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Count IX: Fraud against Middle Department Inspection Agency 115. The Plaintiffs incorporate paragraphs 1 through 114 as though set forth at length here. 116. MDIA misrepresented the fact that the proper inspections were ever completed. 117. Despite several invoices approving various phases of the construction and the issuance of a Certificate of Occupancy, there is no evidence that the inspections were done properly or even done at all. 118. Despite numerous attempts by the Plaintiffs to obtain an inspection report, both through MDIA and numerous Right to Know requests through all levels of governemnt, no inspection report has ever been produced. 119. MDIA acted with an intention that the Plaintiffs would be induced to purchase the house constructed by Lawmen. 120. MDIA's website claims "Middle Department Inspection Agency, Inc. is an independent inspection company, which is an outgrowth of the Middle Department Association of Fire Underwriters, an organization of fire and casualty insurance companies that began making inspections in Pennsylvania and Delaware in 1.883. MDIA boasts a continuous involvement in the inspection industry, entering our third century, operating in six states in the mid - Atlantic region (Pennsylvania, New York, Delaware, Maryland, Virginia and West Virginia). Since 1883, MDIA's reputation and capabilities have grown to include a full range of safety inspection services, including plan review, building, plumbing and fire protection in addition to electric." 121. Plaintiffs acted with a justifiable reliance upon the misrepresentation of MDIA that the home was suitable for occupancy. 122. As a direct and proximate result of MDIA's intentional misrepresentation, Plaintiff has or will incur substantial costs in repairing the landscaping surrounding the home. 123. Plaintiffs' costs are caused directly and proximately by the misrepresentation of MDIA when they issued a Certificate of Occupancy without correctly inspecting the home or not inspecting the home at all and never compiling an inspection report. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred, and d. punitive damages. Count X: Negligence Against Advanced Concrete Systems, Inc 124. The Plaintiffs incorporate paragraphs l through 123 as though set forth at length here. 125. Defendant Advanced Concrete had a duty to ensure that the instructions set forth in the Superior Walls Builder Guideline Booklet were followed correctly. 126. Defendant Advanced Concrete had a duty to ensure that all necessary permits and all zoning laws were followed before beginning installation. 127. The damages to the home were caused directly and proximately by the negligence, recklessness, and /or outrageous conduct of Advanced Concrete by failing to ensure that said instructions were followed, the necessary permits were gained, and all zoning ordinances were followed. 128. As a direct and proximate result of Defendant's negligent, reckless and /or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the foundation of the home. 129. As a direct and proximate result of Defendant's negligent, reckless and/or outrageous conduct, Plaintiff has or will incur substantial costs in repairing the landscaping surrounding the home. 130. Advanced Concrete willfully ignored the Superior Walls Builder Guideline Booklet. 1.31. Advanced Concrete's decisions to backfill the walls, leave the walls standing unsupported for four months, and the failure to secure the Superior Walls to the sill plate were done in a reckless indifference to the rights of Plaintiffs. 132. Superior Walls provided instructions directly to Advanced Concrete who knew or should have known that ignoring these instructions created a high degree of risk of physical harm to Plaintiffs 133. Advanced Concrete's deliberately proceeded to act in a conscious disregard or indifference to the risk to Plaintiffs. Wherefore the Plaintiffs respectfully ask this Court to award them the following: a. damages in the amount of at least $71,548.75 to repair and reset the foundation, b. damages in the amount of at least $23,807.89 to repair the damage to the landscape during the repair of the foundation, c. damages for substitute repairs, foreseeable consequential property damage, substitute housing during repairs, and incidental costs not yet incurred. Respectfully submitted, MOONEY & ASSOCIATES By: Shawn M. Stottlemyer, Esquire Attorney for Plaintiff I.D. # 312794 2 S. Hanover Street Carlisle, PA 1701.3 FROM FAX NO. :17172450603 Jun. 01 2 007 10:56AM P3 a 1AJNDARD AGREEMENT FOR THE SALE OF NEW CONSTRUCTION This form macaw ended and approved for, but not restricted to use by, the members of The Pennsylvama.Assoc; ion of REALTORS- (PAR). ' A/s ,vc SELLER'S BUSINE BROKER (Company) ED SS RELATIONSHIP WITH PA LICENS BROKF,R � ADDRESS I ! d SC4RTE$ PHONE Z�3 (e(cts i BROKER iS THE AGENT FOR SELLER Designated Agent(sf or Seller, if applicable: FAX 2 OR Q6 If Broker is NOT the Agent for Seller and is alan: ❑ AGENT FOR BUYER ❑TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) �Q, p W �1-( 640 �jL <tE 5� CE S6; �i20 I ADDRESS I5rZ= O YE, (E PHONE 245 -2-10a BROKER IS THE ACENT FOR BUYER, Designated Agents) for Buyer, 1f applicable: FAX 24S -6�g OR L Broker is NOT the Agent for Buyer and is a/an: 11 AGENT FOR SELLER ❑ SUBAGENT FOR SELLER [0J TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seiler and Buyer, the Licensee is a Dual Agent. t I. AIS AgTPtnUllIf dated f d 2 SELLERBUILDER: M(�nJ CONS 2 C7'(orQ is between 3 4 B s UYER(S): N I LAR A . he- /'.t -� rH r ,y. M RiLC J? J y , called "Seiler" and ' a 6 2. PROPERTY (11 -00) called "Buyer." 5 7 Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: 6 6 ALL THAT CERTAIN lot g, r piece ofp ound with buildings and improvements to be erected thereon, if any, known as: 9 Name of Subdivision VEAJAJ F AIO L4- e 19 Lot 0 _ Model Phase 9 11 StreetAddress itt, �kRu.se.E ;o 12 ,in the TQ_WgSbf( P of E 4 (3oR0 13 County of ('t,t,,•+1/aj In the Commonwealth of Pennsylvania, Zip Code (_7015 12 14 Identification (e.g., Tai IDN; Parcel k; Lot and Block; Plan Book Volume, Page; Deed Book Page, R 3 I5 yL -QT- 0(177 - bg/ ecording Date) 14 16 3. PURCHASE PRICE (I -02) 15 17 (A) Total Purchase Price �tq i �{„OpR s 1e _Sntt�s fa Sh�l� rlrAJ L ,Oe�fl n 19 which will be paid to Seller by Buyer as follows: U.S. Dollars 16 29 (B) Base Price 19 2 10 S 2 ( .4,4 1. (C) Lot Premium, if any 22 (D) Total Options/Extras /Alterations (see attached addendum) $ 21 23 $ 22 TOTAL PURCHASE PRICE S _'Z�Y q60 23 24 4, PAYMENT TERMS (1 -02) 25 (A) Cash or check at signing this Agreement: 24 26 (B) Cash or check within da $ �VOO 25 of the execution of this Agreement. 27 (C) Non- refundable r p P z8 p o tions/extres /alterations aid to Seller on or before 5 2-5 4 26 (D) 29 $ _ 28 3a $ 29 31 (E) Cash, cashier's or certified check at time of settlement: $ ) SOd - 32 31 TOTAL PURCHASE PRICE S �p _ 32 33 (F) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 33 3+ 36 (G) s wntten approval to be on or before: Q 34 36 35 (H) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 36 37 — 36 (I) Payment of transfer 7 nsfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: s 39 y 33 49 (J) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; ao 41 rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- 41 42 pal service. The charges are to be pro -rated for the periods) covered: Seller will pay up to and including the date of settlement; Buyer will 42 43 pay for all days following settlement, unless otherwise stated here: 43 45 5. SCHEDULE OF CONSTRUCTION (11 -00) 04 45 46 (A) Commencement Date: Seller estimates that Seller will commence construction on or about QJOGJ 4W)6, L C aAJ5tk1ttT0� JSoP er 46 4 7 reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance d7 48 with Paragraph 6. 49 (B) Completion Date: Sellcr estimates completion of construction on or about 71%'(07 46 . B uyer 4s w hereby acknowledges that the above estimated time of completion on the part of Seller is made as an accommodation to Buyer to assist Buyer 58 51 in formulating future plans. However, if commencement, completion, and/or settlement are delayed due to inclement weather, strikes, delays 51 52 in issuance of permits, unavailabilty of labor or materials, or any other reason beyond Seller's control, such times and settlement hereunder 52 63 will be automatically extended accordingly, and time is not deemed to be of the essence. 53 54 (C) Settlement: Settlement hereunder will be held on a dale which is within 10 days (unless otherwise specified here 55 after Seller supplies Buyer with a written notice of settlement. However, at the time of settlement 5,1 , the house and premises wil! have h 57 substantially completed. If the municipalily or governmental authority requires a Use & Occupancy permit, Seller will provide one at 56 57 settlement. 57 /07 I PLAINTIFF'S 58 Buyer Initials: �� 7 A /S -NC Page 1 of 6 Seller Initials 58 EXHIBIT Perm (varda Aatotlon of COPYRIGM PENNSYLVAMA .4SSOCIATION OF REAI.3'ORSa 2gaa q REALT�RSs tta y04 06/04/2007 16:36 FAX 7172450683 lih0021007 g'IANDARD Al.rl(E hiV1.LXI' P'L)K I fIL BALL Uk iNL W LUINa A RtuJ _ 1 awls This fomt recommended and approved for, but not rosaictcd to use by, die members of the Pemaylvania Association of REALTORSa (PAR). SELLER'S BUSINESSS RELATIONSHIP WITH PA LICEfNtSED BROKER BROKER (Company) As; e L : T A5544 A Te5 PHONE S -(e (q S ADDRESS L3,Cj (� 1�.((,jq C *A ULS LC, A. Fax 7_ QXq q BROKER IS TIM AGENT FOR SELLER. Designated Agent(s) for Seller, If applicable: OR Broker 19 NOT the Agent for Seller and is a/an: ❑ AGENT FOR BUYER ❑ TRANSACTION LICENSEE BU'YER'S BUSINESS RELATIQNSHIP WITH PA LICENSED BROKER BROKER (Company) �+L�Wr..L� f3k711K�2 ylESrECE SEQ �F' PHONE_ 2-45 -2.1 ADDRESS '? P4 AVE. TE 4 LS L.E FAX '245'— dr-9 � BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: t OR Broker Is NOT the Agent for Buyer and Is a/an: C) AGENT FOR SELLER 0 SUBAGENT FOR SELLER ❑ TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker Is a Dual Alient. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Setter. If the some Licensee Is designated for Seller and Buyer, the Licensee is a Dual Agent. 1 I. IfIS �grzzIT rot dated J I f (0'7 , Is between 1 2 SELLER/BUILDER: A e AJ CCIU 1 7ra to CT(O N U—G 2 3 called "Seller," and 3 4 BIJYER(S)t L.-1 y M VK A.CiJ �CAr— Arc 4 5 called "Buyer." 5 6 2. PROPERTY (11.00) a 7 Seller hereby agrees to sell and convey to Buyer; who hereby agrees to purchase: 7 a ALL THAT CERTAIN lot qr piece of road with buildings and improvements to be erected thereon, If soy, known as: e a Name of S bdivision A10 4,4 Phase s to Lot # Model 10 ll StreetAddress i R4.L St..F, fi, 11 12 in the TLx.J1US [ P of _ +r;k 80l`(� 12 13 County of In the Commonwealth of Pennsylvania, ZIP Code / 13 14 Identification (e.g., Tax ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date) 14 15 YL - 6 7 ^ 0 4 7 7 — d$/ is 16 3. PURCHASE PRICE (1 _ 16 17 (A) Total Purchase Price IWO /�Cr N /�'/� S(�T `� h�LI R ' 4Sh�� t (J /AJ F / ff' - 4 ✓a _ 17 is U.S. Dollars is is which will be pald to Seiler by Buyer as follows: ``'' 79 2e (B) Base Price $ 2 (o ry, 9 20 21 (C) Lot Premium if any S 21 22 (D) Total Options/Extras/Ahcrations (see attached addendum) S 22 23 TOTAL PURCHASE PRICE S 23 I 24 4. PAYMENT TERMS (1 - 02) 24 25 (A) Cash or chock at signing this Agreement: S /Opp 25 26 (B) Cash or check within ___q days of the execution of this Agreement. $ 7-OC30 _ 26 27 (C) Non- refundabie pre -pald options /extraslaltoratlons paid to Seiler on or before Z C S _ 27 28 (D) $ 28 i 29 $ 29 30 $ 30 31 (E) Cash, cashier's or certified check at time of settlement: i 50d 31 lf� i 32 TOTAL PURCHASE PRICE S Q44 32 1 33 (f) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 33 74 !j y� 34 G" (G) ws written approval to be on or before: O 35 3e (I•I) Conveyance from Seller will be by foe simple decd of special warrunty unless otherwise stated hero; 3s Ja (1) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stored hare: 30 30 19 40 (J) At time of settlement, the following will be adjusted pro -rata on a daily basis between Buyer and Salter, reimbursing where applicable: taxes; 40 41 rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- 41 42 pal service. The charges arc to be pro -rated for the period(s) covered: Seller will pay up to and including the date of Settlement; Buyer will 42 43 pay for all days following settlement, unless otherwise stated here: tJ 44 44 45 S. SCHEDULE OF CONSTRUCTION (11 -00) d5 46 (A) Commencement Date: Seller estimates that Seller will commence construction on or about N;GL i A)fApZ kiTR4Cfid! 46 47 reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance 47 48 with Paragraph 6. as 49 (B) Completion Dater Seller estimates completion of construction on or about 7 /U ( . Buyer 40 so hereby acknowledges that the above estimated time of completion on the port of Seller is made as an accommodation to Buyer to assist Buyer 50 51 in formulating future plans- However, if commencement, completion, and/or settlement arc delayed due to inclement weather, strikes, delays si 52 in issuance of permits, unavoilabilty of labor or materials, or any other roason beyond Seller's control, such times and settlement hereunder 52 S3 will be automatically extended accordingly, and time is not deemed to be of the essence. s3 54 (C) Settlement: Settlement hereunder will be held on a date which is within 10 days (unless otherwise specified here 7 O 54 55 after Seller supplies Buyer with a written notice of settlement. however, at the time of settlement, the house and premises will have been _- 6e substantially completed. If the municipality or governmental authority requires a use. & Occupancy parrot, Seller will provido one at 55 57 settlement. 57 58 Buyer Initials: /O`er A/S -NC Page 1 of 6 Seller Initials: 3e I Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCL OF REALTORS- 2004 REALTORS® 7104 06/04/2007 16:36 FAX 7172450683 - 1@003/007 se 6. MORTGAGE CONTINGENCY (1 -02) t1 WAIVED. This sale is NOT contingent on mortgage financing. e { 1 61 ELECTED 66 62 (A) This sale is contingent upon Buyer obtaining mortgage financing as follow : 6z t ra 1. Amount ofmortgageloan s - 2esre0 _ Sao�35 sa 2. Minimum Term 0 years / e5 3, e e - %; however . p GSM 64 �V 6a 4G' 65 ju. , Buyer agrees to ace pt c e tere�t rate erg m er ay as b a e mmltted by the mortgage lender, not to Qty 6 exceed a maximum interest rate of — l a - 7 - 5 /, . 7, .� ,��/" 69 5. Discount points, loan origination, loan placement and other fees charged by the len 7 percentage of the mortgage loan (excluding ea 6o any mortgage insurance premiums or VA funding fee) not to exceed not to exceed % (0% if not specified) of the mortgage loan. 6s 70 (_�'� The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right m guarantee an 76 71 � interest rate at or below the Maximum Interest Rate specified herein with rho percentage fees at or below the amount specified herein. Buver rt n gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without 72 Promise of reimbursement, to the Buyer and/or lender to make the above terms available to Buyer. 73 (B) Within 11 days of the execution of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms speci- 74 7 n, fied above to a responsible mortgage lender. The Broker for Buyer, If any, otherwise the Broker for Seller, is authorized to communicate 75 76 / with the mortgage lender for the peruses of assisting in the mortgage loan process. 7e 77 (C) 1. Mortgage commitment date / —£o ­j 7 If a written commitment is not received by Seller by the above date, Buyer n To and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 7e 79 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 79 ao 3. Sailor has the option to terminate this Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment: as gt a. is not valid until the date of settlement, OR 61 62 b. Is conditioned upon the sole and settlement of any other property, OR at 53 c. Contains any other condition not specified in this Agreement. ea 04 4. In the event Seller does not terminate this Agreement as provided above, Buyer has the option to rerminate this Agreement in writing if g4 the mortgage commitment ere a Is not obtained by or valid until the date of settlement OR 06 67 b. Is conditioned upon the sale and settlement of any other property'which do not occur by the date of settlement, OR 87 as c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. Be 09 5. If this Agreement is terminated a9 specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of purchase price will as 90 be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, of fee for cancellation 90 91 of game, if any; AND /OR any premiums for flood insurance and/or are insurance with extended coverage, insurance binder charges or can- 91 92 collation fee, if any; AND /OR any appraisal fees and charges paid in advance to mortgage lender. 02 03 (D) Sailor will not be responsible to Buyer or Buyer's mortgage lender to escrow any funds for any reason. In the event Buyer's mortgage lender o3 9 requires an escrow of funds as a condition to complete senlemen% then Buyer agrees to provide such escrow funds and complete settlement 94 9s hereunder as specified in this Agreement. This paragraph will survive settlement 95 ee (E) Seller Assist e6 97 i r NOT APPLICABLE 97 go E3 APPLICABLE. Seller will pay: oo 99 ❑ S maximum, toward Buyer's costs as permitted by the mortgage lender. 99 too ❑ 101 too lot FHA/VA, EF APPLICABLE tot toe 103 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will ndt be obligated to complete the purchase of the 103 104 Property described herein or to incur any penalty by forfeiture of eamest money deposits or otherwise unless Buyer has been given, in accor- 104 105 dance with HUD/FHA or VA requirements, a written statement by the Federal Housin Comm'asiener, Veterans Administration, or a Direct 105 log Endorsement Lender setting forththe appraised value ofthe Property of not less than 40 (th dollar amount t0 be insert 105 107 ed is the galas price as stated in the Agreement). Buyer will have the privil option ofprocading with consummation of the contract wide 107 100 out regard to the amount of the appraised valuation. The apprais uation is arrived at to determine the maximum mortgage the Department log IN ofHousing and Urban Development will insure, HlJT d of warrant the value nor the condition of the Property. Buyer should satisfy him- 1o9 Ito self/hersalf diet the price and condition of rho Pro are acwptable. 0 111 Warning: Section 1010 of Title 18, Department of Housing and Urban Development and Federal Housing Administration n1 ttz Transactions, provides, "'Whoever a purpose of in in any way the action of such Department, makes, passes, utters, or pub. 112 11s lishes any statement, Imo a same to be false. .. shell be fined under this tit)c orimprisoncd not more than two years, or both" u; 114 (G) U.S. Department ousing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 114 115 (� Buyer received the HUD Notice "For Your Protection: Get a Home Inspection" (see Noticcs and Information on Property Condition n5 116 pectin a). Buyer understands the importance of getting an independent home inspection and has thou about this before signing this 11s 111 Agreement Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. 117 Ile Buyer's Initlals Date 11e 119 (In Certification We the undersigned, Seller(s) and Buycr(s) party to this transaction each certify that the terms of this contracr for purchase are 119 lie true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac- 12o 121 don is ansched to this Agreement. 171 122 7. INSPECTIONS (1 -02) 122 123 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and /or 123. 124 Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by 124 125 or provided for in the terms of this Agreement. Buyer has the right to attend all inspections. 125 126 (B) Pre - settlement Inspection 126 127 I. Buyer reserves the right to make a pro - settlement walk-through inspection Of the Property when the Property is substantially complete. IV 126 Seller will notify Buyer prior to settlement of the data and time of Buyer's pre- settlement walk - through inspection of the Property. 120 129 2. At the pre- sctticmcut inspection, Buyer and Seller will complete and sign a list of items (punch list) to be completed, modified, or replaced 120 130 within thirty (30) days after settlement. Items that cannot be completed, modified, or replaced within 30 days of settlement due to events in 131 beyond Seller's reasonable control will be completed by Seller as soon as is reasonably possible, not to exceed one year or _ days 131 132 after settlement. This paragraph will survive settlement. 132 133 3. Buyer's failure to inspect the Property on the date of the scheduled pre- settlomant inspection or Buyer's failure to complete and sign the in 134 pre- senlement inspection form constitutes a waiver of 9uyer's right to inspect the Property, and Buyer will accept the Property at settle- no 135 ment in its dim present condition without obligation of modification or replacement. 195 131 4. Buyer's right to make this inspection is not waived by any other provision of ibis Agreement. rag 137 5. Seller will have heatin end all utilities (including fuel(s)) on for the pre - settlement walk- through inspection. 137 138 Bayer Initiala: A/S- NC Page 2of6 Sellerinitists: AAM lie FROM FAX NO. :17172450603 Jun. 01 2007 10:59AM p5 "` -110) IQ Seller will provide evidence that there are no wood - boring insects on the Property, q y 041 Buyer agrees to reimburse Seller for the cost of the inspection. If active infestation(s) exists, Seller agrees, at Seller's expense and before settlement, 140 p rty, if re uued b lender. If a wood infestation inspection is required, 140 142 to treat for active infestation(s), in accordance with applicable laws. 143 9. RADON CONTINGENCY (I1 -00) 144 Q Seller will not install preparatory work for a radon mitigation system. (See Radon Notice) 142 144 145 �" Seller will install preparatory work for a radon mitigation system. (See Radon Notice) 143 146 147 145 140 10. STATUS OF WATER (11.00) 1 46 149 Seller represents that at time of settlement this roe _ 147 150 ❑ Public Water —Name of Service Provider P w111 be served by: 149 Al 149 151 On - site Well Water which meets applicable governmental standards 150 152 Q Community Water 15,7 151 154 11. STATUS OF SEWER (11.00) 152 153 155 Seller represents that property is served by: 154 Ise Q Public Sewer — Name of Service Provider 155 157 ( Individual On -lot Sewage Disposal System (See Sewage Notice 1) 156 158 ❑ Community Sewage Disposal System 157 159 ❑ Holding Tank (See Sewage Notice 3) 05e 160 159 161 12. NOTICES, ASSESSMENTS & GOVERNMENT REQUIREMENTS (11 -00) 160 162 (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 162 163 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 163 164 or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 164 165 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 165 166 otherwise specified here: 167 t6fi 1 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 167 169 168 170 (C) Seller will be responsible for any notice of improvements or assessments received on or before the date of settlement. 165 171 (D) Buyer is advised that access to a public road may require issuance of a lughway occupancy 170 172 (E) All necessary permits will be obtained and paid for by Seller prior to settlement, y permit from the Department of Transportation. 71 173 (F) Seller will comply with all restrictions and requirements imposed b an 172 eq p y y governmental authorities. 174 13. TITLE, SURVEYS, &COSTS (I1 -00) 173 175 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed v5 176 restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the 175 177 ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will 177 178 be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. 179 (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, 179 180 as specified in paragraph 13(A), Buyer will have the option of taking such fide as Seller can give without changing the price or of being repaid 180 lei all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items let 102 specified in paragraph 13(C) and in paragraph 13(D) items (1), (2), (3); and in the latter event there will be no further liability or obligation on taz 183 either of the parties hereto and this Agreement will become VOID. 183 194 Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate 184 18s legal description of the Property (or the correction thereof), will be secured and paid for by Seller. 166 (D) Buyer will pay for the following: (t) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; 1e6 187 (2) The premiums for flood insurance and/or fire insurance with exteriEled coverage, insurance binder charges or cancellation fee, if any; 1e7 166 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals; (5) Initiation fee 168 169 or capital funding fee, if any: $ 190 (E) Buyer has reviewed the final subdivision plan and is familiar with the adin plans, showing the location and contour of the lot being 188 g P g g pur- 181 chased, storm drainage plans including piping and easements, alluvial 190 soils, conservation easements, wetlands, or 100 year Flood plain condi- 191 182 [ions on or surrounding Buyer's la[. 193 14. ZONING CLASSIFICATION (11 -00) 192 1e4 Failure ofthisA 193 greement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable) is zoned 194 195 solely or primarily to permit single - family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits ten- 195 196 dered by the Buyer will be returned to the Buyer without any requirement for court action. 197 Zoning Classification: S 1�5 rE>Fr.VTr,c> 198 15, LANDSCAPING & DRIVEWAY (11 -00) 197 199 (A) Seller will attempt to reserve as man of the existing trees or shrubs as reasonabl 198 P P y g y possible during the construction of the improvements and 199 200 house on the premises. It is expressly agreed that Seller does not guarantee or warrant the survival of any trees or shrubs existing on the premises 200 201 prior to construction. Any existing trees or shrubs that may die after settlement are the sole responsibility of Buyer. Seller will be responsible to 2C1 202 grade and seed the disturbed areas only. Any soil washouts from rain or melting snow or burnouts due to droughts after settlement are the sole 202 203 responsibility of Buyer. As to the quality or quantity of the growth of grass, it will be Buyer's responsibility to water, fertilize and reseed as nec- 203 204 essary after settlement. 205 (B) Buyer acknowledges that, due to adverse weather conditions and other events beyond Seller's reasonable control, items including the driveway 205 206 surface, grading and seeding, exterior painting or staining, and exterior concrete surfaces may not be completed at time of settlement. Unless 206 207 otherwise agreed, no portion of the purchase price or option payments will be placed in an escrow account or withhold from Seller at settlement 207 208 to compensate for incomplete items. Seller will complete the items within a reasonable time after settlement as weather conditions permit, 200 209 (C) This paragraph will survive settlement. 210 16. SUBSTITUTIONS (11 -00) 209 211 BUYER AND SELLER ACKNOWLEDGE THAT THE BUILDINGS AND IMPROVEMENTS ON THE PREMISES WILL BE SUB- 211 212 STANTIALLY SIMILAR TO THE ESTABLISHED BUILDING SPECIFICATIONS. BUYER ALSO ACKNOWLEDGES THAT SELLER 212 213 HAS THE RIGHT TO MAKE SUBSTITUTIONS OF MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER 213 215 MATERIALS AND PRODUCTS. 214 QUALITY AT SELLER'S SOLE DISCRETION, AND THAT ACTUAL MATERLALS AND PRODUCTS MAY VARY FROM SAMPLE 204 215 216 Buyer Initials: A/S -NC Page 3 of 6 Seller Initials: 216 FROM : FAX NO. :17172450623 Jun. 61 2007 11:01AM F'6 218 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUP- 218 219 PORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH z 220 COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN T HAT CONNECTION, 221 RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND, DAM AGE MAY 220 (This notice 221 222 is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right 222 223 of protection against subsidence resulting from coal mining operations, and that the ro 224 mine subsidence by a private contract with the owners of the economic interests in the coal d acknowledgement s made forr them damage due - 223 225 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of Auy 21 226 sig t he deed from Seller which deed will contain the aforesaid provision. is l 27, 1966." Buyer agrees 5 227 18, POSSESSION (11 -00) Possession is to be delivered by deed, keys and physical possession to a clean building. The lot and building(s) will be free 227 228 of debris at day and time of settlement. 229 19• RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds ar in any other office or place of public record 229 230 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act e a breach of this Agreement. 231 20. ASSIGNMENT (3 -85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 230 232 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer wi 233 Agreement without the written consent of Seller. ll not transferor assign This 42 234 21, DEPOSIT & RECOVERY FUND (1.00) 233 235 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of a 235 236 and the person designated as payee, will be paid to individual identified in parag p .mint 235 237 summation or termination of this Agreement in conformity with all applicable laws and regulations. Any d check tender d s 237 con- 236 238 may be held pending the acceptance of this offer. 239 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 239 248 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 240 241 return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer 241 242 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and 242 20 costs of the broker(s) and licensee(s) will be paid by the party joining them. 244 (C) A Real Estate Recovery Fund exists to reimburse an c 243 y persons who have obtained a final civil judgment against a Pennsylvania real estate l 24 5 ee owing to fraud, misrepresentation, or deceit in areal estate transaction and who have been unable to collect the 'ud icens- 244 246 legal and equitable remedies, For complete details about the Fund, all (717) 783 -3658, or (600) 82Z -2 t 13 (within Pennsylvania) and (717) 783' gas 247 4854 (outside Pennsylvania). 248 22, CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) PUBLIC OFFERING STATEMENT 1.00 247 249 f� NOTAPPLICABLE ( ) 248 250 ❑ APPLICABLE: CONDOMINIUM 249 251 250 (A) Buyer acknowledges that the Property is a unit of a condominium s defined by the Uniform Condominium Act. Seller is a declarant of 251 252 the condominium and is required to provide Buyer with a public offering statement. (See Condominium/Uniform Planned Community 252 253 Notice for definitions of declarant, public offering statement, and condominium.) 254 (B) The delivery of the public offering statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel 254 255 this Agreement within fifteen (15) days after receiving the public offering statement and within fifteen (15) days of receipt of any amend- 255 256 ment to the Statement that materially and adversely affects Buyer. 267 ❑ APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) z. 256 (A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. Seller is a 256 259 declarant of the planned community and is required to provide Buyer with a public offering statement. (See Condominium/Uniform 259 260 Planned Community Notice for definitions of declarant, public offering statement, and planned community) 260 261 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Buyer executes 261 262 this Agreement. Buyer may cancel this Agreement within seven (7) days after receiving the public offering statement and within seven (7) 262 263 days after receiving any amendment to the contract that would materially and adversely affect Buyer. 264 23. MAINTENANCE & RISK OF LOSS (11 -00) Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of dam- 264 265 age by fire or other casualties to any property included in the sale that is no4paired or replaced prior to settlement, Buyer will have the option of 265 266 rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of extending settlement until such time as Seller 266 267 can deliver the property in completed condition. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the 267 266 time of execution of this Agreement. 269 24. RELEASE (11 -00) Buyer and Seller hereby release, quit claim and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 269 270 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through 270 271 them, from any and all claims, losses or demands, Including, but not limited to, personal Injuries and property damage and all of the copse- z71 272 quences thereof. This release will survive settlement. 273 25. REPRESENTATIONS (11 -00) 272 273 274 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures, plans, building specifications, or warranties 274 276 made by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated 275 276 in this Agreement, 276 277 (B) Buyer acknowledges that Broken, their licensees, employees, officers or partners have not made an assessment of the plan, drawings, specifi- 277 278 cations, or such documents as have bearing on the nature and quality of the structures to be built by Seller. Furthermore, Brokers, their licensees, 276 279 employees, officers, and partners make no representation with respect to permits or such other evidence of government approval for tile 279 280 construction of the structures to be built by Seller, of the environmental conditions, the permitted uses, the financial condition of Seller, or the 280 281 conditions existing in the locale where the property is situated; nor have they made an inspection of the components, appliances, systems, or zit 282 consumer products to be installed in or about the Property. 282 283 (C) It is further understood that this Agreement contains the whole Agreement between Seller and Buyer and there are no other terns, obligations, 283 264 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement 284 2B5 will not be altered, amended, changed, or modified except in writing executed by the parties. 266 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 286 287 Buyer Initials: \% "v 1 A/S -NC Page 4 of 6 Seller Initials: G fs� 287 FROM : FAX 110. :17172450683 Jun. 01 2007 11:03AM R7 286 26. WARRANTIES (11 -i10) 269 (A). Assignment of Manufacturer's Warranties: Seller hereby assigns. t0 Buyer the manufacturer's warranties on all appliances, equipment, and 289 292 290 other consumer products to be installed in or on the Property, Copies of these warranties will be delivered to Buyer. Seller makes no warranties, zoo 291 representations, or guarantees, with respect to the appliances, equipment and consumer products and all such warranties, representations, and 291 guarantees are hereby disclaimed. The sole remed f Bu er as to an such items will be to make such claims as are a 293 ufacturer's warranties. y y y 294 e provided herewith, SELLER MAKE appropriate under the man- 292 (B) Limited Warranty: Except as set forth in any limited warranty that may b 295 SENTATIONS OR WA 293 RRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIh1 Ell TO, THOSE z9s 296 OF WORKMANLIKE CONSTRUCTION, ITABILITY 297 HABITABILITY, DESIGN, CONDITION, QUALITY OR OTHERWISE AS T PROPERTY AND THE RESIDENCE AND OTHER LMPROVEMENTS CONSTRUCTED THEREON, AND SELLER HEREBY 201 286 EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES. hereby O THE 296 299 claimer and agrees to waive any and all rights. Buyer may have by virtue of su c p esenia ors andwarrant acknowledges Except t d a ccepts uc pro- 299 dis- 29a 300 vided by Seller, Buyer assumes the risk of any and all damage from the date of settlement, occurring in or appeali on the Property regardless a00 c 301 of the cause thereof. Buyer's assumption of this risk is partially in consideration of the amount of the purchase price of late Property 302 lower than it would be if Seller was to be held responsible for any such risks by virtue of said expressed or implied representations or warranties. .0 $03 27. DATESITIME IS OF THE ESSENCE (1 -02) 304 (A) The said. date for settlement and all other dates and times referred to for the Performance of any of the obligations of this Agreement are 303 305 30.7 agreed to be of the essence of this Agreement and are binding. 366 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was 05 307 executed and including the last day of the time period. 3 308 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 308 309 the arti parties. 310 (D) Certain time Pe pre-printed rinds are er and Seller. Any 309 in this Agreement 8r Bement as a convenience to the Buyer 311 and may be changed by striking out the pre- printed text and inserting a different time period acceptable to t all partiesPeriods are negotiable 310 312 28. DEFAULT (1 -02) 3t 1 313 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 312 314 1. Fail to make any additional payments as specified in paragraph 4; OR 313 315 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, or 315 316 . fail to cooperate in the processing of the mortgage loan' application; which acts would result in the failure to obtain the approval of a Mort- 316 317 gage loan commitment OR 318 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 317 31 9 (B) Unless otherwise checked In paragraph 28 (C), Seller may elect t 31a 320 follow Y o retain those sums paid by Buyer, including deposit monies, in one of the 319 following manners: 321 1. On account of purchase price; OR 320 322 2. As monies to be applied to Seller's damages; OR 321 323 3.. As liquidated damages for such breach. 322 324 (C) if p Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 323 us (D) If Seller retains all sums Y aid b B including de es pursuant to par 28 - 324 P Y g P d monies, as liquidated dama P (B) 328 will be released from further liability or obligation and this Agreement will be VOID. . or (C), Buyer and Seller 325 327 29. MEDIATION (7 -96) 326 328 ❑ NOTAVAILABLE 321 329 ❑ WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 329 330 gation on the part of any party to do so. 331 X ELECTED 330 332 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 332 333 and Procedures of the Home Sellers/Rome Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 333 334 signed by the parties will be binding. 335 (B) Buyer and Seller acknowledge that they have received, read, and underitand the Rules and Procedures of the Home Sellers/Home Buyers 335 336 Dispute Resolution System. (See Mediation Notice.) 337 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 336 337 336 Buyer Initials: A/S -NC Page 5 of 6 Seller Initial __6A'P 338 FROM FAX NO. :1717245 0633 Jun. 01 2007 11:04 P8 339 30. SPECIAL PROVISIONS (IFANY 340 r, A n r�� 341 5 G* q- 0DeU(3ct.AA Q rv�2.✓( h'S 339 JJ 3 342 40 343 341 344 342 345 343 344 31. SPECIAL CLAUSES (11 -00) 345 347 346 (A) W7 Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 347 348 349 (B) Buyer and Seiler have received a statement of their respective estimated closing costs before signing this Agreement. 346 350 (C) Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before sign- 349 ing this Agreement. 351 (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Note: The Seller's 350 362 Property Disclosure Law does not require a disclosure form when: 353 1. A one-year written warranty covering the construction will be provided; 352 354 2. The building will be inspected for compliance with the applicable building code or, if none, a nationally rec 355 AND ognized model building code; 354 356 3. A certificate of occupancy or a certificate of code compliance will be issued for the dwelling. 355 357 (E) The following are part of this Agreement if checked: 356 358 ❑Sale &Settlement of Other Property 357 359 P y ❑ Settlement of Other Property Contingency Addendum (PAR Form SOP) 356 Contingency Addendum (PAR Form SSP) ❑ 350 ❑ Sale & Settlement of Other Pro 359 361 perry Contingency ❑ 360 with Right to Continue Marketing Addendum ❑ 362 (PAR Form SSP -CM) 361 363 (F) The following exhibits are made part of this Agreement if checked: 362 364 Plot Plan of Lot 383 366 a ❑ � / Options /Extras /Alterations 364 Ia4 �1 House Plan/Floor Plan/Elevation New Construction warranty 365 366 ❑ Floor Plan Reversed 367 Restrictive Covenants/Deed Restrictions ass ❑ Other ❑ 368 367 Building Specifications ❑ 369 ❑ Standard Features 368 370 Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth In this Agreement. 360 371 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 371 372 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this 372 373 Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 373 374 to consult an attorney before signing if they desire legal advice. 374 375 BUYER'S MAILING ADDRESS: 376 1 32 5'r `/6 � kF Ci �okf -rawnJ 4 UA 23053 375 377 BUYER'S CONTACT NUMBER(S): — 376 f 377 378 WITNESS / BUYER DATE 37e 379 WITNESS BUYER DATE 7379 380 WITNESS BUYER DATE 360 381 Seller hereby approves the above contract this (date) 5 1 t J l0 Z 181 382 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seiler a fee of _ S ol 382 383 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided So % 383 384 Seller, 5 8 " /is , Broker for Seller, but in no event will the sum paid to the Broker for Seller be in excess of the above specified Broker's 384 385 fee. 385 386 SELLER'S MAILING ADDRESS: 3 387 86 388 SELLER'S CONTACT NUMBER(S): 387 388 389 WITNESS SELLER �— DATE S /y 07 389 390 WITNESS SELLER BATE 390 351 WITNESS SELLER DATE 391 392 Brokers'/Licensees' Certifications (check all that are applicable): 392 383 ❑ Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 393 394 the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of 394 395 these parties in connection with this transaction is attached to this Agreement, 395 396 ( Regarding Mediation: The undersigned Broker for Seller ❑ Broker for Buyer agrees to submit to mediation in accordance with 396 387 paragraph 29 of this Agreement. 347 388 Broker for Seller (Compan Name) EO t; E CA t� 4 � OGr/E'r 5 399 ACCEPTED BY 308 DATE ( Q 399 400 Broker for Buyer (Company Name) 401 ACCEPTED BY 400 DATE 4 402 A/S -NC Page 6 of 6 4 402 06'/04/2007 16:37 FAX 7172450683 0004/007 - ADDENDUM/ENDORSE1N1ENT TO AGREEMENT OF SALE ASA - PROPER''X A0 Ci F ERRS C U$ l e (k OCZ5eAELLER LAW ,-+ EIJ CA- 15T -kJ LLf BuxR � 1�ILA p �te N� * 61eC _I �4G DATE OF AGREEMENT 5l fto7 popcxp� `ta /.APP &A(Si5 Ar 1 pprtor! p 0ecC +/ q '-Nis • 5Eu.e7- Acremes /a P t.�r y'l�ow w�N war �e�N4'r p cs O PEAJ t N G, / w A-�-D . Sid s m l w E w h 4l T o are k Lever A-, P 0 5 > (3 LC '1b - P-wNr � re PkO r14 A00I rldN 6k-j&-0U0 '� ( P 5 , r- - ��,�.a� -E T6' - t4c. k r AOJ'J APPP-ar-b"AtLyJ 2 (144 L A)* NS L &J( % • 13we,00— Pa V-Ov t o £ �(ae &)At- V VAAAA ?IAN r sco B,r' 454► VC16r r Y Tc ' 'CtTr"/-6 . 3 2kjEtjo f3Ac-cc GAV- ig D R- 0&) r; L-ota 7 k rz r w l BaYEx- `f4 Q(SC US S P 4-.A•v5 A/7- A CT? ALLY T N c S A c N4: $At'WA E"J r 6 1 5(2-�8 7 , P67 IN &i O ED I !J SA UES pxice - s j8 i ' + h •S C�- �b�tcf �'u- �rG�c��, C .y �. Gen f ; 4 S4 !<5 01 re.e�. 40 ha re. ho rn e. wspe -row , 4,0-'--r sp.` • 3�-�� a,,, ns�o -,o�. cb o C Z(5T trcAtS (kU re • �ui l�l e ✓ �, ve, Lrej; -f C) f)�.v I C?F C- ✓P w C, � t - ��� � � C,a�e P�� S EZCaer �� � �� ��� ��►�.cs S�c.P�C �i v Eti �� ( 1 Ctrl P 7- W a' Lb P ex .5 l *r� ` . Ee)o.4i Q Pkv ) All other terms and conditions of the Agreement of Sale remain Unchanged and in full force and effect. J WITNESS BUYER DATE 51 Q WITNESS4 BUYER DATE WITNESS BUYER DATE WITNESS __ SELLER r DATE �:! 01 _ WITN1iSS SELLER DATE WITNESS SELLER DATE Pennsylvania Asamlatlon of COP YRIGHT PENNSYLVANIA ASSOCIATI OF REAI.TORSV 2002 REALTORS® 9/ �w;o� n. wb. irrtrllD�.ti....rr..n 4' --2V2° 04260 SECT � REGISTERS Q2E`a0 3636 € REGISTER GISTEJ co — DINING ROOM _ G *_ -- 6 ° s MASTER --- --- AUK ' B ED R OOM e { CL WALK IN CLO. ' �W REGISTER 2 a 2� 2'X6' WALL REG�jSt$R "_�0 3'-4'x 1'-6' RE ISTER I S 12' — �" LINEN CL0. Q G ' KITCHEN G BATH J .t• —__ - - ----� Q s BEDROOM . �.. , ®� g Cif �: � t �f 1 F REF ' REGISTER a i-- — — . — — — — — — —. 9 t 3 t 2 33 k ! € PLAINTIFF'S 2 ? -- — — — — — — — i EXHIBIT 6' -0' 81 FOLD 3• s T 20. -0" 12'"6 s 4 # § (` Q s � t W 3 � I z i Q IC I t # # � b a ffi R tST R REGISTER Ec E 6 � T (2) 4260 T BEDROOM tmm� �M------ ,_- -.----- -_.r_� . FOUNDATION / WALL BELOW COVERED WOOD PORCH Li REGISTER REG[ TER C 7 (r ; d2? 4260 2 `-O� 20' -0$ 4 3' -0 " ELECTRIC S) BOt. S S lABOL DE RIPTI0N SYMBOL OE CRI PTION � n. . C — — IN � #f �/0 DUPLEX t A R RODE OUT LET ' -� G � �m� - I,�,TLr s P ULL . CHAP a. ,. a G J. , ? W f 0 6J T L E 4 1 $ 6 '8 i� �. POLE p ' MOUNTED - .fXTURE � THREE �' . =BITCH L ts, 4,rtT v Ra ? < $ FO �IT(�# f _ V r E ' �A3O OL T 3,.EUt 1L ',`- CONVENIENCE OU �i 5 ......... _... _. I - 3 V,, R! M I I a FLOOR PLAN 1/ 1 1 x} 1-011 !J' OSB W/ CLIPS COVERED W/ 30' FELT PAPER AND 30 YR. ARCH. SHINGLES HURRICANE STRAPS ON EACH TRUSS DRIP EDGE 12 6F ALUM. SPOUTING ' ENGINEERED TRUSSES BY OTHERS 2'X6' SUB FACIA COVERED WITH BLOWN R38 INSULATION ALUM. FACIA 12 G.W.B. PERF. VINYL SOFFIT OVER (2) 2' X 6' TOP PLATE HANG' OVERLAP CORNERS I �J' G.W.B. ON 2 STUDS o 16' O.C. W/ R19 INSULATION VINYL SIDING OVER TYVEK HOUSE WRAP 00 2 6' SOLE PLATE ON 160SB. SHEATHING R15 INSULATION LFOUU' ADE AWAY FROM 3 A'T &G SUB FLOOR ON 6' IN FIRST 10' -0' 2'x10' JOIST Q 16' O.C. RIM BOARD s i e �� 'e o 2 P.T. SILL PLATE ON SILL I SEALER o SECURE T F WITH DIA D 0 F /�-- _ -:, UNDISTURBED OR WELL A14LHURS (15' LONG X 2' LEG Q C -0' O.C. COMPACTED SOIL • n AND 12' FROM EA. CORNER • o n v WATERPROOFING p • • 10' SUPERIOR WALL ao • o n o • Ill,l�= •n °• EXP. JOINT 71 1 o ° 1,1 �= n �• 4'3000 PSI CONC. 0 • o O n O o . nq . a 6 MIL POLYETHELENE VAPOR BARRIER -- T ON 4 OF 2-8 STONE 4' DIa. SGH 20 PVC ""'�' —� 1(� lI� 1 ='I•1 1 -111 1 =11 1 41 4 DIA. SCH. 20 PVC RADON ABATEMENT FTG. DRAIN WITH 71 7 51 i�l� �-- FABRIC COVER UNDISTURBED OR WELL COMPACTED SOIL SECTION A: A ft icidle DOPUrtMonf Kns OCx � ilon Agency st plane anaior documents have been reviewed and ; 1 1 t waybe Issued "ieteilx uat ehcnwa ehail'meet the Uniforn+ Construction t W! t - .o satrucElun 4W ttt >tp the •tfse Group ar Orescrihed In dw l =This an review :or Archi ect/ I)e � i thefesp n %compliance wlth .9111M a d �, I fdinances or othe At � •• ••• •�, Date • � — �; G � • IJIY. V' �Y Ii.H •L• � awmen Builders Residence MARSHALL Keers Road 149 Kerrs. Road Carlisle, Pa. 17015 Carlisle, Pa. 17015 (717) 776 -3008 Sheet Number Scale: 1 / 4 " m 1' -0" i �4 3 of 3 Date Oct. 17, 2006 f WEST PENNSBORO TOWNSHIP BUILDING / ZONING PERMIT Name• , aer A A A Permit Number: Address: Effective Date: I Zoning District: Expira 'on Date: ft Property Location: G � � 7NS Permit To: to !x This certifies that subject named above has complied with the requirements of the West Pennsboro Township Zoning Ordinance and has been issued a building /zoning permit for work being performed at this job site. This permit card is to be displayed at the job site until all construction work has been completed. CONTACT TOWNSHIP Date: /Z� �� 6 ZONING OFFICER AFTER Signed: iiil * to / COMPLETION OF CONSTRUCTION FOR POST West Pennsboro Town p INSPECTION. Zoning Officer � PLAiMiFF EXHIBIT s� i Superior Walls ■ BUILD ON A SUPERIOR FOUNDA1 ow ■ PLAINTIFF'S NAHB SUPERIO1 X -TRA INSULATION CC EXHIBIT RESEARCH �.......�_..._ . _ ..... � CENTER \ �% GREEN APPROVED u MAN 2- Introduction We have written this Builder Guideline Booklet to assist you in successfully using Superior Walls on your project. At Superior Walls we believe that our products and the structures they support need to last for generations. In order for that to happen you must give thoughtful consideration to the details of your wall system and utilize the guidelines provided in this booklet. Additional copies of this booklet are available for download at www.superiorwalls.com. Proper site preparation and framing connection details are of particular importance. You will note that we have provided excerpts from the 2009 International Residential Code® for One- and Two- Family Dwellings (often referred to as the "IRC "). These excerpts are included to aid in your understanding of the details or application being discussed in the various sections of this book. Please be aware that your municipality may have other requirements beyond those in the model code. For additional information or for help with site - specific conditions and details, please consult your de- sign professional or contact your local Superior Walls representative (find your Authorized Dealer on our website, www.superiorwalls.com). Be Safe! Superior Walls of America urges you to maintain a safe working environment. The protection of the health and safety of everyone on your jobsite needs to be your primary concern. Construction work can be particularly hazardous and involve many potential areas of concern. Per- sonal protective equipment and other precautions are essential for a safe construction work envi- ronment. We encourage you to: • Work to prevent accidents and injuries • Understand and obey requirements of environmental and occupational health and safety laws and regulations • Increase safety awareness • Establish safety responsibilities for your employees and subcontractors PLEASE NOTE: Certain products may not be available in all market areas. Please contact your local Supe- rior Walls representative to find out specifically which products and/or wall heights are available in your market area. All rights reserved. This 2010 Builder Guideline BookletTM is copyrighted work owned by Superior Walls of Amer- ica, Ltd. This Builder Guideline Booklet can be downloaded from the Superior Walls of America, Ltd. website, printed, copied and used in conjunction with the erection and deployment of the products licensed from Superior Walls of America, Ltd. This Builder Guideline Booklet, however, may not be used in any manner not in conjunc- tion with the erection or deployment of the products licensed by Superior Walls of America, Ltd., or amended, modified, changed, or altered in any manner without the specific advance written permission from the copyright owner. For information relating to the use of this Builder Guideline Booklet, please contact: Technical Operations, Superior Walls of America, Ltd., 937 East Earl Road, New Holland, PA 17557 [Phone (717) 351 - 9255]. 2nd Printing: January 2012 ©2010 Superior Walls of America, Ltd. 1 Builder Guideline Booklet TM Table of Contents Builder / Owner Responsibilities ......................................................... ............................... 3 How the Crushed Stone Footing Works ............................................... ............................... 4 SitePreparation .................................................................................... ............................... 5 -10 SoilsVerification ......................................................................... ..............................5 Minimum Depth of Crushed Stone Footing ................................ ..............................6 Excavation................................................................................ ............................... 7 FoundationDrainage ................................................................ ............................... 8 Crushed Stone Footings ........................................................... ............................... 9 ColdWeather Practice .............................................................. ............................... 9 Corner Pin and Benchmark Placement ....................................... .............................10 Road Accessibility / Overhead Obstructions ............................. ............................... 10 CraneAccessibility ...................................................................... .............................10 Special Excavation Issues ................................................................... ............................... 11 -17 Intersecting Walls (Overdig Procedures) .................................. ............................... 11 -12 Trenching.................................................................................. ............................... 13 Daylight Basement (Frost Areas) ................................................... ..........................14 -16 Daylight Basement (Non -Frost / Shallow Frost Areas) ............. ............................... 17 Procedure to Pour Concrete Floor ....................................................... ............................... 18 -19 TypicalFloor Pour ..................................................................... ............................... 18 RaisedFloor Pour ..................................................................... ............................... 19 CrawlSpace Procedures ..................................................................... ............................... 20 -21 Crawl Space with Wood Bracing .............................................. ............................... 20 Crawl Space without Wood Bracing ............................................ .............................21 Porches, Garages and Other Inside Fill Conditions ............................. ............................... 22 -23 GarageWall .............................................................................. ............................... 23 Framing Connection at the Top of the Wall ...... ............................... Typical Floor Connection with Joists Perpendicular to Foundation Wall ................. 25 -26 FasteningSchedule .................................................................. ............................... 27 Typical Floor Connection with Joists Parallel to Foundation Wall ........................... 27 -29 "I" Joist Blocking Detail / Plywood Fabricated Blocking ............ ............................... 30 Floor Truss Connection — Top Chord Bearing .......................... ............................... 31 Floor Truss Connection — Bottom Chord Bearing ..................... ............................... 32 ModularConnection .................................................................... .............................33 Typical Roof Truss Connection ................................................. ............................... 34 ShearWalls .......................................................................................... ............................... 35 Stairwell Header Procedure ................................................................. ............................... 36 -38 Backfilling............................................................................................ ............................... 39 PointLoading ....................................................................................... ............................... 40 BeamPockets ...................................................................................... ............................... 40 PrecastColumn Pads .......................................................................... ............................... 41 -42 SupportLedges ................................................................................... ............................... 43 HomeownerGuide ............................................................................... ............................... Appendix A Checklists............................................................................................. ............................... Appendix B -F Suggestion for Improvement 92010 Superior Walls of America, Ltd. 2 Builder Guideline Booklet T°" Builder / Owner ,Resgons b lities The builder / owner is responsible for the following items: 1. Building Permits and Inspections 2. Soils Verification Page 5, 6 3. Excavation Page 7 4. Placement of Drain Pipe and Sump Pit Page 8 5. Placement of Crushed Stone Footing Page 9 6. Installation of Filter Membrane Page 8 7. Cold Weather Practice Page 9 8. Placement of Building Corner Pins and Establishing Grade Page 10 9. Setback Requirements (Distance from road / property line) Page 10 10. Site Accessibility for Trucks and Crane Page 10 11. Installation of Sill Plate and Framing Attachments Page 24 12. Shear Wall Determination Page 35 13. Completion of the Framing / Decking connection at the top of the Superior Walls panel and the Floor Slab at the bottom of the Superior Walls panel prior to backfilling Page 39 14. Grading of Soil and Installation of Gutters Page 39 In order for your Superior Walls supplier to install a product that fully meets the design and performance requirements of your project, you must provide the following information: ❑ Soil type or bearing capacity ❑ All building floor plans and elevations ❑ Design load per linear foot on the foundation ❑ Beam and column locations, sizes and point loads ❑ Additional point loads and locations, if any ❑ Determine location of Shear Wall(s), if required ❑ Window and door locations and rough opening sizes ❑ Egress considerations ❑ Locations and sizes of support ledges (brickledge, slab supports, etc.) ❑ Interior stairway locations and opening sizes ❑ Inside fill conditions (as with garage, porch or crawlspace frost walls) ❑ Exterior basement entry system specifications ❑ Chimney details ❑ Backfill conditions (rough grading plans) ❑ Top -of -wall benchmark reference / Finished grade elevation ©2010 Superior Walls of America, Ltd. 3 Builder Guideline Booklet TM How the Crushed Stone Footina,Works The physics of the crushed stone footing: Code Reference: 1. The purpose of any wall footing is to distribute the 2009 IRC Section: R403.4 wall's load over a sufficiently large area of soil so R403.4 Footings for precast concrete that the weight- bearing capacity of the soil is not foundations. Footings for precast con- crete foundations shall comply with Section exceeded. R403.4. (See Section R403.4.1 Crushed 2. The load of the building is carried by the Superior stone footings.) Walls panel and is transferred to the 1/2" clean crushed stone. 3. The load distribution path through the crushed Crushed Stone Footing / Effective stone is at an angle approximately 60 degrees Bearing Width Chart from the horizontal. 4. As the depth of the crushed stone layer increases, Crushed stone Effective Bearing the effective bearing width on the underlying soil Footing Depth Width (inches) also increases. (See Figure 1 .) (inches) 5. The tables in this booklet identify the required 4 14 -7/8 depth of the crushed stone footing for various wall 5 16 loads and soil bearing capacities. 6 17 -3/16 7 18 -5/16 8 19 -1/2 Load 9 20 -5/8 10 21 -13/16 11 22 -15/16 12 24-1/8 13 25-1/4 14 26 -7/16 15 27 -9/16 16 28 -3/4 10 1/4" 17 29 -7/8 18 31 -1/16 19 32 -3/16 20 33 -3/8 21 34-1/2 . 60° ,;- + 22 35 -5/8 'MD 1/2" Crushed Stone Footing Depth oe 0o (See Page 9 for Stone Specifications) Virgin Soil Load Distribution Path Effective (Shaded Area) Bearing Width Figure 1 ©2010 Superior Walls of America, Ltd. 4 Builder Guideline Booklet TM Site Preparation Soils Verification 1. Determine your soil type from Table 1 on this page and stone depth requirements from Table 2 on page 6. Superior Walls panels may be used on virtually any type of soil that has a bearing capacity of 1,500 PSF or better. For assistance identifying your soil type consult with: • Building Department • County Agricultural Extension Service • County Conservation District Officer • Soils Technician • Web Soil Survey website ( http : / /websoilsurvey.nres.usda.gov • Excavator 2. Determine allowable Load - Bearing Pressure and Drainage Characteristics. (See Table 1 .) This will affect the required depth of the 1/2" clean crushed stone footing. 3. Establish combined footing load per linear foot. (Consider dead load, live load, snow and wind load.) Acquire loading information from building designer or engineer. 4. Determine required depth of the 1/2" clean crushed stone footing. (From Table 2 . Remember to allow for this depth when determining excavation depth.) Table 1 Properties of Soils Classified According to the Unified Soil Classification System Table reference: 2009 IRC Table R405.1 Soil Group Unified Soil Soil Description Drainage Frost Heave Volume Presumptive Classification Characteristics Potential Change Load - Bearing System (a) Potential Pressure Expansion (b) (PSF) (d) Group I GW Well graded gravel, gravel -sand mixtures, little or no Good Low Low 3000 Excellent fines GP Poorly graded gravels or gravel sand mixtures, little or Good Low Low 3000 no fines SW Well- graded sands, gravelly sands, little or no fines Good Low Low 2000 SP Poorly graded sands or gravelly sands, little or no fines Good Low Low 2000 GM Silty gravels, gravel- sand -silt mixtures Good Medium Low 2000 SM Silty sand, sand -silt mixtures Good Medium Low 2000 Group II GC Clayey gravels, gravel - sand -clay mixtures Medium Medium Low 2000 Fair to Good SC Clayey sands, sand -clay mixture Medium Medium Low 2000 ML Inorganic silts and very fine sands, rock flour, silty or Medium High Low 1500(c) clayey fine sands or clayey silts with slight plasticity CL Inorganic clays of low to medium plasticity, gravelly Medium Medium Medium to Low 1500(c) clays, sandy clays, silty clays, lean clays Group III CH Inorganic clays of high plasticity, fat clays Poor Medium High 1500(c) Poor MH Inorganic silts, micaceous or diatomaceous fine sandy Poor High High 1500(c) or silty soils, elastic silts Group IV OL Organic silts and organic silty clays of low plasticity Poor Medium Medium By Test Unsatisfactory OH Organic clays of medium to high plasticity, organic silts. Unsatisfactory Medium High By Test PT Peat and other highly organic soils Unsatisfactory Medium High By Test (a) The percolation rate for good drainage Is over 4 inches per hour, medium drainage is 2 inches to 4 inches per hour, and poor is less than 2 inches per hour. (b) Soils with a low potential expansion typically have a plasticity index (PI) of 0 to 15, soils with a medium potential expansion have a PI of 10 to 35 and soils with a high potential expansion have a PI greater than 20. (c) Where the building official determines that in -place soils with an allowable bearing capacity of less than 1,500 psi are likely to be present at the site, the allowable bearing capacity shall be determined by a soils investigation. 2009 IRC Table R401.4.1. (d) Presumptive Load - Bearing Values of Foundation Materials data from 2009 IRC Table R401 A.1. (e) CH, MH, OL, OH, and PT are unsuitable as backfill material. ©2010 Superior Walls of America, Ltd. 5 Builder Guideline Booklet TM Table 2 Minimum Death of 1/2" Clean Crushed Stone Footing Inches Soil Type & Load Bearing Capacity (PSF) Construction Type 1500 2000 3000 4000 (Assumed Wall Loading) MH, CH, SC, GC, CL, ML SM, GM, GP, GW SP, SW Conventional light -frame construction 1 - Story (1100 pounds per linear foot) 4" 4" 4" 4" 2 - Story (1800 pounds per linear foot) 7" 4" 4" 4" 3 - Story (2900 pounds per linear foot) 14" (a) 9" (a) 4" 4" Masonry veneer over light -frame construction 1 - Story (1500 pounds per linear foot) 5" 4" 4" 4" 2 - Story (2700 pounds per linear foot) 13" (a) 8" 4" 4" 3 - Story (4000 pounds per linear foot) 22" (a) 14" (a) 7" 4" (a) Crushed stone must be consolidated in 8" lifts with a plate vibrator. (b) Table allows for 361 pounds per linear foot for self weight of foundation wall. (c) See Page 9 for Stone Specifications. (d) Consult your Superior Walls drawing for the required depth of the crushed stone footing for your project. Typical Crushed Stone Footing Detail X 104" -j Filter Membrane j \ \j \ \�Backfill \ \ / \ \j (By Others) / \ \ / / \� Area Vapor Retarder � Concrete Floor Drain Pipe to / ( B Y Others Sump or Daylight \ \j \\ \ (Footing Below Frost .Line) 1/2" Clean Crushed Stone - (By Others) *STONE DEPTH ACCORDING -� I F I I_� -� -� -� TO TABLE ABOVE Virgin Soil Alternate Drain Pipe Position Locate Drain Pipe Locate Drain Pipe at Least One Foot (12 ") at Least One Foot (12 ") Beyond Panel / Wall Beyond Panel / Wall Figure 2 02010 Superior Walls of America, Ltd. 6 Builder Guideline Booklet TM Excavation Code Reference: 2009 IRC Section: R401.3 • Confirm that you are working from the approved R401.3 Drainage. Surface drainage shall drawing prior to digging, be diverted to a storm sewer conveyance or • See Figure 3 , below, for the typical basement other approved point of collection so as to not create a hazard. Lots shall be graded so as excavation detail with full backfill. to drain surface water away from foundation • Allow a 2' -0" overdig at base of excavation. walls. The grade away from foundation walls shall fall a minimum of 6 inches (152 mm) • Ensure compliance with OSHA regulations. within the first 10 feet (3048 mm). • Slope grade away from foundation walls to fall a minimum of 6" within the first 10' -0" to divert Code Reference: ground water away from the foundation. 2009 IRC Section: R404.1.6 • Remember to dig for sump pit (if applicable). R404.1.6 Height above finished grade. Concrete and masonry foundation walls shall Note: When using an Excavator who is not familiar extend above the finished grade adjacent to with Superior Walls, provide them with a copy of the the foundation at all points a minimum of 4 inches (102 mm) where masonry veneer is Builder Guideline Booklet or copies of the pages re- used and a minimum of 6 inches (152 mm) lated to excavation including the Excavator's Checklist e found in Appendix C. ¶ter IIVI Slope Away From Foundation IIAI 6" in 10' -0" (Minimum) — — — — — — — 6" (Minimum) I ; � G:'IIIIIIII I I (Top of Wall to I', Ill 11 I I _— III — III — III — Finished Grade) I ;ji j -III —I 11 =1 I —1 11 =1 I I —I I :1111;111 111 I I — — ,1;11111111 4f1 II ill =1 I I l' 111111;1 I I -III I �Ij111111 � I I I =III 1 1111;111 ` I1 = I [ :111;1111 I I — III t'.1;1;;11 I 1 =1 [ 1 II �I I II1 � 1 I !11;11;1 I I I = Minimum L 11I111� I1 - III — III — 24 !:.111;1111 II ' — III — I 1 — III Overdig I —I 1 —I —I at Base of I' I'IIjIj1 I — 111 Excavation I llill II =1 � I— III —III ('1;111111 `� I I 111 I �'IIIIIIiI I I -1 11 =1 11 =I I,• 111111;1 I I - 1 — III —I I; IIIc111 1 I (Footing Below — III — Filter Membrane 1;;•111111;1 I I Frost Line) — I — (By Others) - 111 = III 1 11111111 11 Vapor Retarder � III — I 0 1111111 11 Concrete Floor :I I — III — I 11 (B Others) — III —III I;IlJL., -I I I � III �• n o - � ➢.... > • :.�� .:: �: .. . _ — III o d °• 9. 4. `° 'n• 1/2 Clean Crushed — III — gs?gd•o� ® g o = Stone (By Others) i -1 � I '� _ a � , �" • �. ��: ,. ,. I — III —I � I r —111 =1 111 111 =111 III =111 =1 =111 =1 == 1 =11 -1 (Determine Stone Drain Pipe to Locate Drain Pipe Depth From Tables 1 & 2) Sump or Daylight at Least One Foot (12 ") Beyond Panel / Wall Virgin Soil Alternate Drain Pipe Position See Foundation Drainage on Page 8 J Figure 3 ©2010 Superior Walls of America, Ltd. 7 Builder Guideline Booklet T"" Foundation Drainage Code Reference: Install perforated drain pipe 2009 IRC Section: R405.1.1 • Use a 4" perforated drainage pipe and locate on either R405.1.1 Precast concrete foundation. the interior or exterior side of the panel /wall. Precast concrete walls that retain earth and enclose habitable or usable space located • Install pipe below the base of the panel / wall in the below -grade that rest on crushed stone foot - crushed stone. ings shall have a perforated drainage pipe installed below the base of the wall on either • Locate pipe at least one foot (12 ") beyond the nearest the interior or exterior side of the wall, at least edge of the panel / wall. one foot (305 mm) beyond the edge of the • One foot (12 ") dimension applies to both interior wall. If the exterior drainage pipe is used, an approved fitter membrane material shall cover or exterior pipe location. the pipe. The drainage system shall discharge • When the Minimum Depth of the 1/2" Clean into an approved sewer system or to daylight. Crushed Stone Footing is greater than 20 ", the pipe must be located at a greater distance than one foot (12 ") to ensure that the pipe is not lo- cated within the Crushed Stone Footing "Load Distribution Path ". (See Figure 1 .) Install Sump Pit / Daylight Drain. • Direct pipe to sump or daylight drain. (A second sump pit or a second outlet to daylight should be considered for large foundations and in areas where you expect a high water table.) • Sump Pump, supplied by others, must be checked regularly to ensure proper working order. • If a daylight drain is used, a backwater valve must be installed to prevent the backflow of moist air into the stone footing area. This will reduce the likelihood of excessive interior humidity. CAP FLOW _ _ _ _ -_ � DIRECFION ♦ -� . RAP DFAT AOOY FLAP Example of a Backwater Valve Install filter membrane. • An approved filter membrane must be installed over the crushed stone footing area on the exterior of the panel / wall prior to backfilling (even if pipe is located on the interior side of the panel / wall) to reduce the likelihood of the stone becoming clogged with the backfill material and not draining properly. • "Approved" in this case is defined in the 2009 IRC as "ac- ceptable to the building official." NOTE: The above requirements are for precast concrete walls that retain earth and enclose habitable or usable space located below -grade that rest on crushed stone footings. Perimeter drain (4" perfo- rated pipe) is not required on frost wall applications that are below the frost line. 02010 Superior Walls of America, Ltd. 8 Builder Guideline Booklet TM Crushed Stone Footings Code Reference: Place the crushed stone footing. 2009 IRC Section: R402.3 • Depth of stone as determined on page 5 and R402.3 Precast concrete. Precast concrete foundations shall be designed in accordance Table 2 on page 6. with Section R404.5 and shall be installed in • Superior Walls panels must be supported on accordance with the provisions of this code clean crushed stone. Clean crushed stone and the manufacturer's installation instruc- shall be free from organic, clayey or silty soils. tions. Crushed stone shall be angular in nature and meet ASTM C33, with the maximum size stone Code Reference: not to exceed 1/2 inch. The crushed stone shall 2009 IRC Section: R403.1 have a 1/2 inch nominal or smaller stone size. R403.1 General. All exterior walls shall be • Place the crushed stone footing on virgin / un- Supported on continuous solid or fully grouted masonry or concrete footings, crushed stone disturbed soil. footings, wood foundations, or other approved • If crushed stone footing is deeper than 8 ", place structural systems which shall be of sufficient stone in 8" lifts and consolidate each lift with a design to accommodate all loads according to Section R301 and to transmit the result - plate vibrator. ing loads to the soil within the limitations as • Evenly grade the stone to within +/- 1 inch of determined from the character of the soil. level. Footings shall be supported on undisturbed • Be sure to have enough material on hand for natural soils or engineered fill. use in final grading by the Superior Walls Certi- Code Reference: fied Installation crew. • See Figure 2 on page 6. 2009 IRC Section: R403.4.1 • Note: Other code - approved stone sizes may be R403.4.1 Crushed stone footings. Clean used under the floor slab, adjacent to the clean crushed stone shall be free from organic, clayey or silty soils. Crushed stone shall be crushed stone footing and the "Load Distribution angular in nature and meet ASTM C 33, with Path" (Figure 1 on page 4). When using other the maximum size stone not to exceed 1/2 code - approved stone sizes under the slab, the inch (12.7 mm) and the minimum stone size not to be smaller than 1/16 -inch (1.6 mm). transition from the "Superior Walls specified Crushed stone footings for precast founda- stone" shall occur two feet (24 ") from the interior tions shall be installed in accordance with Figure R403.4(1) and Table R403.4. Crushed edge of the panel / wall. The perforated drain stone footings shall be consolidated using a pipe must be located in the "Superior Walls vibratory plate in a maximum of 8 -inch lifts. specified stone." Crushed stone footings shall be limited to Seismic Design Categories A, B and C. Cold Weather Practice / Crushed Stone Frost Protection • Do not excavate the site too far in advance of the scheduled set date. Do not place footing on frozen soil. • After the site has been excavated, insulate the area where walls are to be set and protect this area with a waterproof covering. • Mixing calcium chloride into the stone footing and then covering it will help prevent frost infiltration. (Do not forget to treat the "extra" stone pile — you may need it to fill -in low spaces in the crushed stone footing.) • Note that 6 inches of straw has approximately the same "R" value as 3' /V of fiberglass insulation (see chart below). Insulating Values of Common Building Insulation Materials Insulation Material Approximate "R" Values 1" of Straw 2.0 1/2" of Plywood 0.6 1" of Fiberglass Batt 3.3 1" of Extruded Polystyrene 5.0 Insulated Blankets or Tarps Per Blanket Manufacturer Note: These recommendations are compiled from a variety of industry sources. ©2010 Superior Walls ofAmerica, Ltd. 9 Builder Guideline Booklet TPA Corner Pin and Benchmark Placement 1. Establish a benchmark to identify your required top - of -wall elevation. It is critical to properly establish the foundations' elevation to allow for adequate final grading to accommodate code regulations. (Clearly communicate the elevation requirements to your excavator and Supe- rior Walls supplier.) 2. Set pins that define the building corners • Pins should represent the exterior face of the Superior Walls foundation. • Verify setback requirements. NOTE: Check with your Superior Walls supplier or sales rep- resentative for specific requirements. Road Accessibility / Overhead Obstructions • Consult with your Superior Walls supplier or sales r pre- sentative for specific details for your jobsite. • The driveway must be wide enough to allow for trailer and crane access. • The driveway surface and any culverts or bridges must be able to accommodate the weight of the vehicles. • 9' -0" and 10' -0" walls are delivered on a drop deck trailer and have limited ground clearance. • Verify that trees, wires and other overhead obstructions do not block site access. • The Builder / Homeowner is responsible for any addi- tional equipment or costs necessary to provide access to work area. Crane Accessibility • Consult with your Superior Walls supplier or sales repre- sentative concerning specific details for your jobsite. • Access to the foundation area should be prepared so the crane can be positioned in a location that allows it to reach to either side of the foundation or as specified on the drawing. • Prepare a level crane pad area with a solid base, free of overhead obstructions (trees, wires, etc.) next to the foundation. • Provide a level area for the trailer to be parked near the crane. ©2010 Superior Walls of America, Ltd. 10 Builder Guideline Booklet TM Saecial Excavation Issues Intersecting Walls • When a wall such as a garage wall or crawl space wall intersects the basement wall and rests on a precast ledge, the overdig must not exceed 5' -0 ". (See Figure 4.) • See page 43 for support ledge details. Overdig Procedure Intersecting Superior Walls Panel 0 Maxmmm 5' -0 to Firm Bcaring �, +p d A.at 4 $jP " �� - 11 =1 I I—I 11 =1 I I -1 11 =1 I =1 LI -1 1 =111 =1 11 -1 I —I 1 —111 =1 11 =1 11 =1 11 -1 11 =1 11 Shim as Required I; III =1 11 =1 11 =1 11 =1 11 =1 I I 1=1 I I—I 11—I 11 =1 11=1 11 =11 1 0 II 1 =1 11 =111=1 11 =1 11 =1 11 =III —I -1 I I— III —I 11 =1 11— II I —I I I— =1 I I—I 11 =1 11 =1 11 =1 11 —I 1I— i —I 11 =1 I I 71 11 =1 11 -1 II -1 1I— ' 11 =111 -1 I —I 11 =1 I GI 11 =111— Filter Membrane = III =1 11 =1 11 —I 11—I 11 =1 11 =1 11 =_ -1 I I— III —I 11 =1 11 =1 I I— III —III —I =1 11 =1 I I -1 11 =1 I —I I - 1I1 =1I —I I1 —I I1= 1I1=1I1 =1I I —I 111 i= 1I1= 1I1= 1I1= 1I1= 1I1 =1II —III_ � :' 1 =1 11 =1 11 =1 11 =1 11 =1 11 =1 11 =1 I I° 1• � >. ••� ° Virgin Soil ' -111 i I I I= III = III = III = III = III — III = III = III = III - III = III - III =I I I I_I 11 =1 11=1 11 =1 I I -1 11 = I I .I 11 =1 I I —I 11 =1 11 =1 11 —I 11 =1 11 —I I '' -III ��III�� Figure 4 ©2010 Superior Walls of America, Ltd. 11 Builder Guideline Booklet TM Intersecting Walls (cont.) • When an overdig is more than 5-0 ", an intermediate support column is required unless project - specific engineering is provided. (See Figure 5 .) • See page 43 for support ledge details. Excessive Overdig Procedure Intersecting Superior Walls Panel . 10 10' -0" Maximum Overdig Span With One Support Maximum Y-0 to Firm Bearing S -0 Maximum P t�,ge �.; •6 p a NC =111=1 11 =1 11 = I � I FI 11 =1 1= III— J� —I�— L=III= I I— III — III —I I1- 111 =111— Shim as Required -I II— III —I I1 =11I— III —I I1 =I II Column Pad Size =1 11 =L=111IZLI I I-1 I P 1=1I I Based on Load o - III — III =11 I —III —I I =11 See Tables 7, 8, 9, or t0 Concrete or Masonry Column _III —I 11� I I =1 I I =11 Iz I =11 ) - I1 =1I —I I1 =1I1 =1 1=111=1 IZ4 I I—I 11 =1 I la 11 =1 I I= ' � =LI I =1I I— III —JJ I —I I I— ' —I I I-1 I IE� 11 =111 =1 1I— = 1I1 =1I —1I I =1I I=1I II— Filter Membrane 1 =1 I IEEI I 1 =1 11= 111 -111— Virgin Soil �� '111= 111 =111= III =111— I I M I =11 III -111 111 I M 111 =1 11 —III -111 � I I -111 111 —III III I I aa: �,..• - .:. , : �: ao ' .I I 1 =1 I 1 =I I I1 =1 I 1 =1 I I — I �° oa • o'g4aie a � `s� � = - �°e"� $ � �' " � : ,^� - 11=ll1= JJl= jjj =Jll •r ••„•'�.¢ �°P�� �s � �,;.� - < ..,�:�. � •. '= III = III = III — III — III— I—- 1 = — —_— —--———- - - — — —- -i I I —I I I -1 I I —I 11 —I 11 =1 11 =1 11 =1 11=1 I I=1 11 =1 11 =1 11 =1 11 =1 11=1 11=1 I I -1 11=1 11 =1 11 =1 11 =1 11 =1 I H I I =1 1 1=1 I I '� .I I I� i � l l l III —I 11 —II I I I 1 =1 I I I I 1 =1 I I —I I I� I I —I 11 =1 11 =1 11 =1 11 =1 I I —I 11 =1 I I I I 1 =1 I I —III I I I� 11 =1 I I I II I I -1 I I I I L- III -1 I I� 11 =1TI -1 I I- 1TI -1TI I I 1 -1TI -1 11 -T -1 I I -1 I I -1TI -1 I I-1 11 -1 I L -1 I L. Figure 5 02010 Superior Walls of America, Ltd. 12 Builder Guideline Booklet TM Trenching • Trenches are typically used for Crawl Spaces, Frost Walls, Garages, and Porches. • Trenches must be ug to provide a minimum of 24" at base of excavation (both sides of wall.) • The trenches MUST be dug below frost line. • Depth of crushed stone per Table 2 . • Walls placed in trenches, as illustrated in Figure 6 , do not require a perforated drain pipe to be installed. T 3 2009 IRC Section R318.4 Foam Plastic Protection u In Areas Where the Probability of Termite Infestation is "Very Heavy "... Remove Foam Insulation a Minimum \ \ \ \/\\/\\//\ \// of 6" Above Exposed Earth. II � — I — III —III I 11I - 1 I IE I \\ \\ \\ \Trench / \ / \ / \/ / \/\ / \- Trench \ / / \ / / \ / / \ / / �\ \ /\\ \\ \ \ \ \ \ —III =1 - II— \ /i \ /i \ /i� Ar !i \ /i \� /i \� /i / \ / /i\ /X area % /i \ iii� \ i =1 11 =1 I I —III \ \ / / \ \i / \ \i i I I =1 11 =1 I —I /\ \\�X\ /i I_ I I =1 I I -1 I I \ (Footing Below Frost Line) ,� e ,� ?�Q,� �9v �— II I — II I —III ° pa °u o �" 08 P a Po °ao pa�$o �B b 4a 11 =111— III — 11° g o B a o „E pt III III - 111 - 111 III -111 —I I— III -111 — I I — III — M = - 11 E I — I 11 = 111 =1 I I — 11 = 1 1 = 111 - 111 =1Ii =III =11 1 III =11 1 — III - 111 =III — I I — I 11 =1I 1— I I - I I—I I I -111 — 11 = 111 - 111 — III - 111 — I I III - 111 - 111 =111 — I I I - 111-111 — 11 —I I I � 111 - 111 - 111 =111 —III =111 —III III — =F1 - 11— I —III —I I 1 =1 I1 =1I —1 I1- I I I� i 1 1 11= 111_111— III =111 = I I 111 — III =1 11 III = III - 111 =111 —III =� I I- —111 I— I I III 1 111„111 1 1 1 — I _111, ; ,111- III,, III - III —III —" Virgin Soil Extend Crushed Stone Footing Below Frost Line Figure 6 ©2010 Superior Walls of America, Ltd. 13 Builder Guideline Booklet TM Davliaht Basement /Above Grade Walls (Frost Areas) OPTION 1: Superior Walls Panels as Frost Walls Projects using Superior Walls panels as frost walls should be detailed according to Figure 7. Additional requirements include: • Place backfill carefully to avoid displacing frost walls. • Bend slab connectors into concrete floor pour, if provided. • Bolt upper and lower walls together with 1/2" x 7" bolts at a maximum of 48" on center. • See trenching notes on page 13. o' o 1111111 = 1 =1111 II III= k I LI Ef11 - I I 1 I I II1 =1 I I III I I —III_ III =1 1 1 1 1 111 Slab Connector For Furtha information / / \ / / \ / / \ //ti —I — See Figure 3 - 111= 111 =11 /\ \ \ / / \ \ =1 %�' %��� \ \ /�r��'i�� /��� /\ — I 1 =1 stone Bae III = III —III /� \ \i /� \ \� �\v \ / / / \ \ / I I I I_I i I 1 11 =1 11= / �� i �� i \� i �;••�i / ��� �� /X i / � I I I I I I I I I I I I I I I I I I II III \ 1 \ — III = III =11vv /ivv /ivv /iv % ivviwivvi�iw III =III= /� —1 I i_Iil —Iii_ z > n TI—Virgin Soil - :aa ., r x +;., 4s.�.• ° R =111 —I I- 111 =11 - I 1 —I 11 111 =111— III -11 =111 =_ Stone Depth —I 11= 111 = I — I - 11 = 111 = 111 = 111 =11 — 11 =111= .accordin to Table 2 11 - 111 - 111 -1—I I I— Ill= 111 -111 —I I I —I I —I 1- — III —III =111 =1 11 =111 =1 I I =111= I I =1 i (— Figure 7 ©2010 Superior Walls of America, Ltd. 14 Builder Guideline Booklet TM Daylight Basement /Above Grade Walls (Frost Areas,) OPTION 2: Crushed Stone Trench Footing Projects using Crushed Stone Trench Footings should be detailed according to Figure 8. Additional requirements include: • Trench must be in virgin / undisturbed soil. (Bottom and both sides.) • Width of trench is 36 ". • Bottom of trench must extend below local frost depth. • Provide an outlet (4" pipe) to daylight or to a sump pit with pump. (Do NOT place a continuous pipe in the trench due to the possibility of pipe crushing which could cause wall settlement.) • Install a backwater valve on the outlet drain pipe to prevent the backflow of moist air into the stone footing area which will reduce the likelihood of excessive interior humidity. (See page 8.) • Fill trench with 1/2" clean crushed stone, vibrating in 8" lifts with a plate vibrator • An "approved" filter membrane must be installed per code. (See page 8.) • Bend slab connectors into concrete floor pour, if provided. • Cover the exposed stones on the exterior of the wall with backfill or patio construction (to pre- vent air and water infiltration), properly sloped away from the wall. Backfill or Patio Construction As Required Filter Membrane Slab Connector R U ko —III— III - I I - I I - I I - I I =1 I I -1 I ao Q aa o�og — III III 11 —111 111 1 I I I F 0R9 - 9 A g , A � A� A� a 0'oTfNt7'<7T]Q'(�y�• 'p' pbdy'd : [oT10° — 11 = I -1 11 =1 1 =1 I— III —I I N 1 III =III Virgin Soil �— _III_ —III° Clean Crushed Stone B (y Other � I III — III = III — III = I I =III = I I —•$ � �° �g ��� � ��p . 111= — III — III III III III IIIIIII = I = I I = =III =1 1 = 11 =III °° 11= (Footing Below 4" Outlet Pipe s " $`'' Frost Line) _ III —III _III — III — III — III - III -1 I I .P , I° p a° p• � °I I _ I ° I I — Virgin Soil 36" Required Width Figure 8 ©2010 Superior Walls of America, Ltd. 15 Builder Guideline Booklet TM Dgvlight Basement /Above Grade Walls (Frost Areas) OPTION 3: Fill- crete* Trench Footing Projects using Fill- crete* Trench Footings should be detailed according to Figure 9. Additional requirements include: • Trench must be in virgin / undisturbed soil. (Bottom and both sides.) • Minimum width of trench must comply with local building code requirements or Table R403.1. (See Below.) • Bottom of trench must extend below local frost depth. • Fill trench with Fill -crete (500 psi minimum compressive strength, air - entrained) to sub -grade elevation to allow for topping -off with the required depth of clean crushed stone. • An "approved" filter membrane must be installed per code. (See page 8.) • Bend slab connectors into concrete floor pour, if provided. • Cover the exposed stones on the exterior of the wall with backfill or patio construction (to pre- vent air and water infiltration), properly sloped away from the wall. * Note: Fill -crete is also known as: • Flowable Mortar • Flowable Fill • Lean -mix backfill • Controlled Low Strength Material (CLSM) Code Reference: • Flow -crete 2009 IRC Table: R403.1 Consult your local concrete supplier for TABLE R403.1 appropriate mix specifications. MINIMUM WIDTH OF CONCRETE, PRECAST OR MASONRY FOOTINGS (inches) a LOAD - BEARING VALUE OF SOIL (psf) 1,500 2,000 1 3,000 ? 4,000 Conventional light -frame construction 1 -story 12 12 1 12 1 12 2 -story 15 12 12 12 3 -story 23 17 12 1 12 4 -inch brick veneer over light frame or 8 -inch hollow Backfill or Patio core masonry Construction as Required 1 -story 12 12 12 12 Filter Membrane \ \ / / \� / % \\ ;(' 2 -story 21 16 12 12 Slab Connector 3 -story 32 24 16 12 8 -inch solid or fully grouted masonry 1-story 16 12 12 12 I — I I I M I I= III —� 1 =1 I I 2 -story 29 21 14 12 I I—I I El I I =1 I —I I El I I—I I I —I I I —I I I I —I — III —I I — I I —I I El I I — I I -1 I I —I I I —I I Fill Crete —III= 3-story 42 32 21 16 .1 1 I — I I I—I I I Virgin Soil 11 — I I I — I I I — I I I � I — I I I = For SI: 1 inch = 25.4 mm, 1 pound per square foot = —I I —I I 1=1 I I— III — 1 —I I I =I I I — I I —I —III —I 0.0479 kPa. 1= III = III III = III —III III — III III :.III — a. Where minimum footin width is 12 inches, use of a —I I III — III — I I— III —I — ) —I — III — � single wythe of solid or fully grouted 12 -inch nominal I — I 1=1 I = I I —I I I = I I I I I (Footin Below concrete masonr units is permitted. —I 1= III — III — III —I I — I — III —I —I I — I —I Frost Line) ' I,;, III — Virgin Soil Width Per Local Code Figure 9 ©2010 Superior Walls of America, Ltd. 16 Builder Guideline Booklet TM Daylight Basement (Non Frost/ Shallow Frost Areas • Footing must be on virgin / undisturbed soil. • Footing shall extend at least 12" below the undisturbed ground Code Reference: surface. 2009 IRC Section: R403.1.4 • Use a 4" perforated drainage pipe and locate on either the inte- R403.1.4 Minimum Depth. rior or exterior side of the panel / wall. (See page 8.) All exterior footings shall be placed at least 12 inches (305 mm) below the undisturbed • Direct pipe to sump or daylight drain. (See page 8.) ground surface. Where applicable, the depth • An "approved" filter membrane must be installed per code. (See of footings shall also conform to Sections page 8.) R403.1.4.1 through R403.1.4.2. • Bend slab connectors into concrete floor pour, if provided. • Cover the exposed stones on the exterior of the wall with backfill or patio construction (to prevent air and water infiltration), prop- erly sloped away from the wall. • A shear wall may be required in certain uneven backfill or open floor plan conditions. (See page 35.) 0 0 III -i I I- —I I III= 0 1 =1 III- I II I- 111 AM III =III 11 =III- Backfill or Patio Construction as .Required 1 -1 1= Slab Concrete Floor III —I Filter Membrane Connector (By Others) — (By Others) III Sa 6 ,, gg�� r k b g �a b �t� P m • y °% a� ta• e ft , oo e l " 0 �8: • �+"�^$e �°. , $ �' °� °8, ye .en •. y , LaePya,' o I I I I — — —I - - - - - — _ $ d•�.o: e� �e���,� 1= III —III= For Further Information _ III —_ —III —I I 1 =1 11 = 1 I I— I I See Fi 3 —III —I — III — III =1 I —I 11= 1= I� 1 =1 1 =1 1 =1 - 1/2" Clean Crushed Virgin Soil Stone (By Others) Drain Pipe Alternate Drain Pipe Position See Foundation Drainage on Page 8 Figure 1.0 ©2010 Superior Walls of America, Ltd. 17 Builder Guideline Booklet T^^ Procedures to Pour Concrete Floor Typical Floor Pour Detail Code Reference: • Bend slab connectors into concrete floor pour if provided. 2009 IRC Section: R506.1 • Fasten a piece of lath at the desired height of the con- R506.1 General. concrete Slab -on- ground floors shall be a minimum 3.5 inches (89 crete floor to form a screed board (see Figure 11 ), or omit mm) thick (for expansive soils, see Sec - the screed board and allow concrete floor pour to flow tion R403.1.8). The specified compressive between the stud cavities on top of the Superior Walls strength Section R 4 concrete shall be as set forth in 402.2. footer beam. • Install a vapor retarder per code. • Typically allow a minimum of a 2" direct contact between Code Reference: wall footer beam and poured concrete floor. (See Figure 2009 IRC Section: R506.2.2 11 below.) • For an insulated slab edge procedure, please contact R506.2.2 Base. A4- inch -thick (102 mm) base course consisting of clean graded sand, your local Superior Walls representative. gravel crushed stone or crushed blast - furnace slag passing a 2 -inch (51 mm) sieve shall be placed on the prepared subgrade when the slab is below grade. Exception: A base course is not required when the concrete slab is installed on well - drained or sand - gravel mixture soils classi- fied as Group I according to the Unified Soil Classification System in accordance with ° Table R405.1. -� I i- = \ /// Backfill = II I = / //� j��i /�/\ Screed Board Code Reference: (Optional) 24" /\ " 2009 IRC Section: R506.2.3 \\ \\Minimum " Vapor Retarder Filter Membrane /� Overdig �/\ R506.2.3 Vapor retarder. A 6 mil (0.006 \ Concrete Floor inch; 152 pm) polyethylene or approved vapor (By Others) retarder with joints lapped not less than 6 Pipe =:b�° g:� ;dam & �� Drain Pie °o bg ° °a inches (152mm) shall be placed between the _ a Crushed Stone concrete floor slab and the base course or the Footing prepared sub -grade where no base course Soil g Virgin Soi— I I_ — II —� exists. Exception: The vapor retarder may be omit - Screed Board ted: (Optional) 1. From detached garages, utility buildings and other unheated ac- Vapor Retarder cessory structures. 2. For unheated storage rooms having s Concrete Floor an area of less than 70 square feet (By Others) (6.5 m=) and carports. o � o - Qd o� OQ oQ ;; 4 ; � n < 3. From driveways, walks, patios and Ty allow a minimum other flatwork not likely to be en- °o5 YP Y °o &).Z ° ° of a 2" Direct Contact closed and heated at a later date. Between Wall Footer Beam 4. where approved by the building of- ficial, based on local site conditions. and Poured Concrete Floor Virgin Soil Crushed Stone Footing Figure 1.1 ©2010 Superior Walls of America, Ltd. 18 Builder Guideline Booklet TM Raised Floor Pour Detail To pour the basement floor at an elevation higher than the typical Code Reference: elevation shown on page 18: 2009 IRC Section: R318.4 Option A (Figure 12) R318.4 Foam plastic protection. • Cut and remove the foam insulation below the desired In areas where the probability of termite in- festation is "very heavy" as indicated in figure floor surface. R301.2(6), extruded and expanded polysty- • Cut and remove the interior stud facing below the desired rene, polyisocyanurate and other foam plas- tics shall not be installed on the exterior face floor surface. or under interior or exterior foundations walls • Install a vapor retarder per code. or slab foundations located below grade. The clearance between foam plastics installed above grade and exposed earth shall be at Option B (Figure 12) least 6 inches (152 mm) • Leave foam insulation and interior stud facing on Supe- Exceptions: rior Walls panel and pour concrete floor, allowing direct 1. Buildings where the structural members of contact between the Superior Walls footer beam and the walls floors, ceilings and roofs are entirely of concrete floor p our. noncombustible materials or pressure- preser- vative- treated wood. • Install a vapor retarder per Code. 2. When in addition to the requirements of R318.1, an approved method of protecting the foam plastic and structure from subterra- Rcmovc Foam Below Floor nean termite damage is provided. to Allow Direct Contact Between 3. On the interior side of basement walls. Wall and Raised Floor o Cut Interior Stud Facing Raised Floor (F oot i ng t Line) elo Backfill \ \ / \ \/ —I \ \ \ \ Area � \ / / \/ � =1 I I \ \ \ / \ \ / \ \j �y �y \ \ / \ \/ Vapor Retarder \ \ \i Crushed Stone -I I I =I I I_\ \i \ \i \ \i \ \i \ \i \ \i ' :II I- 111 =III `:m � • ?� �c 4. II1 =11 =111 =1 I I — I I- I _ _ _ _ _ _ III — 1 = — I I M — I I -1 I I — III —I I I —I I I I I — I I I I I I —I 1 =1 11 = I I —I 11 =1 11 -1 I I- 11 =1 1 — I 11 = 1 11 = 1 11 = 1 I I — I 11 =1 1 -1 11= 11 =1 I I —I I =1 11 =1 11 =1 I I— 11 =1 I I— I I —I I I—I 11 = I I - 1 I I —I I I— I I M [+ Vir Soil -111-1 11-1 11 =1 11 =1 11 -1 11 =1 11 -1 11 =1 11 =1 11-1 11 = 11 =1 1 I_ = l Figure 12 - Option A o Allow Direct Contact Between Wall and Poured Concrete Floor Raised Floor (Footing Bet) w Frost Line Backfill A rea Vapor Retarder N . Crushed Stone 1— III —III \� \ \� \ \� \ \� \ \� \\ '� • : • ¢ gyp. alp. I I1 =1 :111= 1I1 -1II — III — I 1 —I . � s,� ' � ,� • • III —I 11= — I - 111 - 111 — I I — III - 111 —I I I— III — III —III — 11 -1 11 =1 I I —III —I II— III — III — III — III — III — III — III — III — III III III II1 —III =1I' =1 =1 I —I 1 - I - 1 1 - 111 - I —I 1 — 1 - I I - I I -1 I —� —= Vir Soil -11 -1 I -1 1 =1 1 —I 11 —I1 I -11 1 -111 111 -1 I -1 1 -111 -1 1 = Figure 12 - Option B ©2010 Superior Walls of America, Ltd. 19 Builder Guideline BookletTM Crawl Saace Procedures Crawl Space with Wood Bracing Code Reference: 2009 IRC Section: R408 • Wood Bracing for Joists parallel to Superior Walls panels is shown in Figure 13. R408 UNDER -FLOOR SPACE. See code for • For Joists perpendicular to Superior Walls panels, nail requirements. Wood Bracing securely into side of Joist. NOTE: A concrete floor poured against the bottom of the wall, at a minimum thickness of 2 ", may be used instead of the Wood Bracing. This is the recommended method for condi- tioned crawl space applications. (2X4) From Sill Plate to End of Solid Blocking Nailed to End Wall Bracing and Bottom of Floor Joists (6) - l Od Nails Through Subfloor Into Solid Blocking 4' -8" Panel (Maximum) (2X6) End Wall Bracing Solid Blocking (5) - 1 Od Nails Nail Brace Securely Treated Sill Plate Into Blocking Using 16d Nails Treated (2X4) @ 48" O.C. iBackfill \/ \ /\ Area \ Remove Foam Insulation From Wall (Footing Below Behind Brace to Achieve a Tight Fit Frost Line) �� 0.���m rn o8aad �• K� ° l� a d • ib �p vo v= P�' oc� a B P�*° da v ,yw� 6•sgQ� 0,�6���esn�a�� B� o� °m �n.s�� 1/2' Clean Crushed v�5r P` g o a�� a� P oQ Pe a p ° Stone (By Others) - III = I I I iii I ;III I= III - III -III - �- (Determine Stone NOTE: A Concrete Floor Poured Against The Bottom of The Wall, At a Depth From Tables 1 & 2) Minimum Thickness of 2 ", May Be Used Instead of The Diagonal Bracing. Figure 13 I i r 9)2010 Superior Walls of America, Ltd. 20 Builder Guideline Booklet TM Crawl Space without Wood Bracing Code Reference: For project details similar to the illustration below: 2009 IRC Section: R408 • Fill inside and outside simultaneously to secure bottom of R408 UNDER -FLOOR SPACE. See code for wall. requirements. • Perimeter drain pipe is not required on frost walls that are below frost line. Code Reference: 2009 IRC Section: R318.4 NOTE: A concrete floor poured against the bottom of the wall, at a minimum thickness of 2 ", may be used to brace the wall. In area Foam plastic protection. In areas where the probability of termite in- This is the recommended method for conditioned crawl space festation is "very heavy' as indicated in figure applications. R301.2(6), extruded and expanded polysty- rene, polyisocyanurate and other foam plas- tics shall not be installed on the exterior face or under interior or exterior foundations walls or slab foundations located below grade. The clearance between foam plastics installed above grade and exposed earth shall be at least 6 inches (152 mm) Exceptions: Minimum Distance of Blocking 1. Buildings where the structural members of Per Table 3 walls, floors, ceilings and roofs are entirely of noncombustible materials or pressure- preser- vative - treated wood. 2. When in addition to the requirements of R318.1, an approved method of protecting (6) - 10d Nails Through the foam plastic and structure from subterra- � ubfloor into Solid Blocking nean termite damage is provided. ++ 3. On the interior side of basement walls. 1 6" (M 2009 IRC Section R318.4 Foam Plastic Protection. In Areas Where the Probability of Termite Infestation is "Very Heavy "... \ B Remove Foam Insulation a Minimum Area /// /// / \\ \, Area \ \\ of 6" Above Exposed Earth. Vapor Retarder per code i \ /\ / \ / \/\ /\ \ 13ackfill \/ — \ \ \ \ \/ \ \/ /� Area �// I - Virgin Soil I- 12" (Minimum) (Footing Below \ / \ / \ / \/\ / \� Frost Line)�U�Pm a 4 Wv m 1- AT p ap rr _ 1/2' Clean Crushed P H u b. � I I � —III= Stone (By Others) 1=1 I 1 I I I III I III I I I I I I I I I 1 1 I I I III II1 =1 11 1 ( Determin e Stone Depth From Tables 1 & 2) Figure 14 ©2010 Superior Walls of America, Ltd. 21 Builder Guideline Booklet TM Porches, Garages a, nd,Oth,er Inside Fill Conditions For project details similar to the illustration below: • Maximum backfill differential is 36 ". (Additional reinforcement can be added to most Superior Walls panels for project applications that require backfill differential greater than 36 ". Additional reinforcement must be discussed with your Superior Walls rep- resentative prior to panel manufacturing.) • Use flat washers and nuts to fasten a 1/2 inch all- thread rod every 24 inches through precast holes in the bond beam. • Bend the rod so that it is parallel to the floor pour and centered in the concrete. • Rod length should extend at least 24 inches beyond the inside edge of the bond beam. • Use temporary bracing on the exterior of the wall until concrete floor is poured and cured. • Bottom of wall must be restrained to resist the lateral pressure of the infill material. Nuts and Washers at — 24" Minimum Top and Bottom of Double Nut Bond Beam Concrete Floor o D a oo °� o� Crushed Stone o ao °off cPoo Bend 1/2" All- Thread Into Concrete Floor @ 24" O.C. (Supplied By Others) j \\ j \\ j/ 36" Maximum — / 13ackfill Area Interior Exterior ;; \\ j \ \ / Area � Virgin Soil (Footing Below Frost Line)o� op DODO D ppoQ �p q �0 1 po�$pp� o ° o p O000�-[�� N% 1/2" Clean Crushed oovo °° ° 4 pop a o pppo aD Stone (By Others) I — — — — (Determine Stone = = Depth From Tables 1 & 2) Figure 15 ©2010 Superior Walls of America, Ltd. 22 Builder Guideline Booklet T"" Garage Wall • This wall type is used primarily for garage frost walls. • For other inside fill conditions, see instructions on page 22. • Perimeter drain is not required on frost wall applications that are below the frost line. �I 4 1/2" d ' ° a d ° Concrete Floor 4 Dp �o��`n o doo�DB° �Qb ' \ ' °�o ° ° �� ��oo °e o ° c� Stone Base 8q \ \ \ \ \ / \ \ \ / \\ /\ \ / \ \/� i \ / / /X// \ / // \ ackfil \ \ /BackfiII j Area \ \ /\\ Are \ \/, \\ \\ \\ \\ \ \\ \\ \\ \\ \\ % /jx �o�ODD D Q°o aD °Q Q ° D ° oo oo °00° oD� �po pa „ cc�� 1/2 Clean Crushed �o� D D O�o Qa ° �Qp �° ° Stone (By Others) 0o Q oo0 °a 4��0� o O° 0 _Virgin Soil — (Determine Stone — Depth From Tables I & 2) - III -III III - III =1 I I � Figure 16 ©2010 Superior Walls of America, Ltd. 23 Builder Guideline Booklet TM The Framing Connection at the Toa of the Wall To comply with building code requirements, the framing / decking connection at the top of the Superior Walls panel and Code Reference: the floor slab at the bottom of the Superior Walls panel MUST 2009 IRC Section: R404.1.7 be completed prior to backfilling. R404.1.7 Backfill placement. Backfill shall not be placed against the wall until the 1. Sill Plate wall has sufficient strength and has been anchored to the Floor above, or has been suf- • Construction adhesive is recommended between the bond ficiently braced to prevent damage by backfill. beam and the sill plate. Exception: Such bracing is not required • 2x10 treated sill plate is recommended. for walls supporting less than 4 feet • Bolt the sill plate with minimum 1/2" x 5 -1/2" bolts using two (1219 mm) of unbalanced backfill. washers (one above the wood sill plate and one between — the nut and the underside of the bond beam) through the Code Reference: precast holes provided in top bond beam. (Refer to fasten- 2009 IRC Section: R403.1.6 ing schedule in Table 3 on page 27.) R403.1.6 Foundation anchorage. • Use 1/2" x 3" bolts (with inserts provided in the Superior ...wood sill plate Shall be anchored to the Wall) to attach sill plate to top of wall above window / door foundation with anchor bolts spaced a maxi - headers and garage walls shown in Figure 16 on page 23. mum of 6 feet (1829 mm) on center ...Bolts shall be at least '/. inch (12.7 mm) in diameter • Sill plate must be bolted within 12" of the end of all plate ...A nut and washer shall be tightened on sections. See 2009 IRC — R403.1.6. each bolt to the plate ... There shall be a minimum of two bolts per plate section with • Sill plate splices must be at least 4' -0" away from any foun- one bolt located not more than 12 inches (305 dation panel joint. mm) or less than seven bolt diameters from • Clamps may be used to temporarily secure sill plate in posi- each end of the plate Section. tion prior to bolting. (Nails or other methods could result in Exceptions: cracking of the concrete.) 1. Foundation anchorage, spaced as re- quired to provide equivalent anchorage to 1 /2 2. Floor Joists Perpendicular to the Foundation Wall inch diameter (13 mm) anchor bolts. • Nail each joist securely to sill plate with two 16d nails or ac- See code for other exceptions. cording to code. For modular home connections, see Table 4 on page 33. Code Reference: 2009 IRC Section: R317.3.1 3. Floor Joists Parallel to the Foundation Wall R317.3.1 Fasteners for preservative-treat Nail a 2 x 6 end wall brace securely to the sill plate with five ed wood. Fasteners for preservative- treated 10d nails every 48" on center. (Braces must be within 12" wood shall be of hot dipped zinc - coated galvanized steel, stainless steel, silicon from the interior of each corner.) See Figure 19 on page 27 bronze or copper. Coating types and weights and Figure 20 on page 28. for connectors in contact with preservative- Use 1 Solid block if backfill is 0' to 7' -6 ". Nail the block in treated wood shall be in accordance with the line with the 2 x 6 end wall braces. (See page 27.) connector manufacturer's recommendations... • Use 2 Solid blocks if backfill is between 7' -6" and 9' -6" for Exceptions: joists less than 10" in height. (See page 27.) 1. One - half -inch (12.7 mm) diameter or • Use 3 Solid blocks when backfill is between 7' -6" and 9'- greater steel bolts. 6" for joists that are greater than or equal to 10" In height. See code for other exceptions. (See page 27.) • See Figure 22 on page 30 for solid blocking details for "I" Joist construction. Note: 1) See fastening schedule and details on pages 25 -34. 2) Warning: Pressure treated lumber requires special fastener considerations; see code reference at right. ©2010 Superior Walls of America, Ltd. 24 Builder Guideline Booklet TM Floor Connection Joists Perpendicular to Superior Walls Panels (cont.) ar Co a 0a ct ors d Fl for 1/2 �o t :. B �i od Join to C coo rdln� � To °r .: a ils '.. 1 6d 0' J' e �c o, Figure 18 ©2010 Superior Walls ofAmerica, Ltd. 26 Builder Guideline Booklet TM Table 3 Fastening Schedule Backfill Joist Sill Plate Brace & Block Number of Solid Minimum Distance Height Height Bolting Spacing Blocks Required of Blocking 7' -6" - 9' -6" >_ 10" One (1) 1/2" Bolt Three (3) 5' -0" at 24" OC 48" OC / One (1) 1/2" Bolt 12" from the 7' -6" - 9' -6" < 10" at 24" OC interior of Two (2) 4' -0" Any One (1) 1/2" Bolt each corner 0' < 7' -6" Height at 48" OC One (1) 2' -0" Floor Connection Joists Parallel to Superior Walls Panels Minimum Distance of Blocking Per Table 3 (6) - l Od Nails Through Subfloor Into Solid Blocking I 1 2 3 Solid Blocking (2X6) End Wall Bracing (5) - l Od Nails Treated Sill Plate ° O a Figure 19 ©2010 Superior Walls of America, Ltd. 27 Builder Guideline Booklet T"" Floor Connection Joists Parallel to Superior Walls Panels (cont.) Be Re r � l s red w9 e�tlo " St oan (M ai ° � �y W 111j11�� lilac C 0pmStlioSlpace Fia for a °��4 e\0 , � d Haij s � 1 � � le B�0 trap h O °;c �, Ea S s O ? � a1l i 1 ,0 tb e O f 6 ' 1 p o�Oa�IS c S O�m "0o sol Pi td, Ad 6 ojg our did B j° F � r St �1 otl � ` a oyPI I "o" Co JO�St s S° id B�OCk�n� S�eOhd JOj • o.r A• �h'rd 10�s F`Fth J °t 'w :: st Figure 20 ©2010 Superior Walls of America, Ltd. 28 Builder Guideline Booklet T"" Floor Connection Joists Parallel to Superior Walls Panels (cont.) Alternate Blocking to Accommodate HVAC Equipment To accommodate for HVAC ductwork that is located where Solid Blocking is shown in Figure 19 on page 27 and Figure 20 on page 28, additional blocking is required as shown in Figure 21 (below). • All requirements of Table 3 remain. (See page 27.) • Solid Blocking is replaced with 2x6 Flat Blocking. (Locate Flat Blocking between the joists and in line with the 2x6 End Wall Braces.) (See Figure 21 .) • Add Solid Blocking to the next open joist bay to replace the Solid Blocking that was removed to accommodate for the HVAC duct work. (Number of Solid Blocks must comply with Table 3 .) Solid Blocking is Replaced with (6) - IOd Nails Through (2x6) Flat Blocking Between the Joists Subfloor Into Solid Blocking and in Line with the End Wall Brace. 1 2 3 • Solid Blocking Add Additional Solid Blocking to Replace s the Solid Blocking that was Removed. (2X6) End Wall Bracing (Number of Blocks Must Comply with Table 3.) (5) - l Od Nails Treated Sill Plate n O Figure 21 ©2010 Superior Walls of America, Ltd. 29 Builder Guideline Booklet TM Floor Connection "I" Joist Blocking Detail Minimum Distance of Blocking Per Table 3 (6) - III Nails Through Subfloor Into Solid Blocking 1 2 3 T „ 1 Use "I Joist" Material, "Traditional Framing Lumber," or Plywood Fabricated Blocking (Below) (2X6) End Wall Bracing as Solid Blockin (5) - IOd Nails (Engineered Lumber may have specific Blocking Requirements) Treated Sill Plate (6) - IOd Nails Through Subtloor Into Blocking (2X4) .. 3/4" Plywood O (6) - l Od Nails (Typ.) Notc: 1. Glue and Nail (2X4)'s to the Plywood. 2. Nails Must Penetrate All Three Members and be in Double Shear Example of Plywood Fabricated Blocking d � je vai i1 1 tt f St rap S (2y � tO� M eft' Bad W e t I�ro, ' ad A ° mum s s ara� dot the pl)^.� a {ed l6 tl N 1 lat e f a ��l e in7 � o: � °e i d 00' e nslre a7' 'C 2 a S911Y t is du1 2 f f f00 t rg 5al � 01 k �iOglSgb�b t Solid dlor First J °ls . o t dtilo'lo— Z S o � Ond So JOI o . Third Jol F st oUrth J01St �¢ ,! F fth JOiSt Figure 22 ©2010 Superior Walls of America, Ltd. 30 Builder Guideline Booklet TM Floor Truss Connection Top Chord Bearing Floor Truss Floor Truss Parallel to Superior Walls Panel Minimum Distance of Blocking Per Table 3 IN (2X6) End Wall Bracing TE 0 Figure 23 Floor Truss Perpendicular. to Superior Walls Panel A!" 2: 2: (2X6) End Wall Bracing J 0 Figure 24 ©2010 Superior Walls of America, Ltd. 31 Builder Guideline Booklet TM Floor Truss Connection Bottom Chord Bearing Floor Truss Floor Truss Parallel to Superior Walls Panel Minimum Distance Per Table 3 (6) - 10d Nails Through Plywood Into Solid Blocking 1 2 Concentrate (3) - l Od Nails At Each (2X6) End Wall Brace (2X6) End Wall Bracing Use "I Joist" Material, (5) - l Od Nails "Traditional Framing Lumber," or ME Plywood Fabricated Blocking (Page 30) Treated Sill Plate as Solid Blocking 0 Figure 25 Floor Truss Perpendicular to Superior Walls Panel Nail Each Truss Using (2) - 16d Nails or According to Code \Solid Blocking Example 0 Figure 26 ©2010 Superior Walls of America, Ltd. 32 Builder Guideline Booklet TM Modular Connection Sill Plate / Blocking • Modular manufacturer may attach the sill plate in the factory during the modular construc- tion, or the sill plate can be attached to the top of the Superior Walls panel prior to the modular placement. • When sill plate and required blocking are completed during modular construction, attach the modular construction as shown in Figure 19 and Table 3 on page 27. • Construction adhesive is recommended between the bond beam and the sill plate. • Bolt the sill plate with minimum 1/2" x 5-1/2" bolts using washers tightened to the wood sill plate and the underside of the top bond beam concrete through the precast holes provided. (Refer to fastening schedule in Table 3 on page 27.) • When sill plate is attached to the top of the Superior walls panel (Separate from the Modu- lar), nail each joist securely to sill plate with two 16d nails or according to code, or use Superior Walls Framing Straps where it is difficult to nail the joists to the sill plate. • The Framing Strap lies between the band joist and the sill plate and is fastened with 1 -1/2" (.148" x 1.500 ") galvanized nails provided. Use 1 nail in every hole of the Framing Strap. Nail the Framing Strap to sill plate before setting the structure. (See Table 4 .) • Nail 2x6 end wall braces securely to the sill plate, every 48" on center, using five 10d nails. (Braces must be within 12" from the interior of each corner.) See Figure 19 on page 27 and Figure 20 on page 28. • Add Solid Blocking per Table 3 on page 27, as shown below in Figure 27 . • A shear wall may be required in certain uneven backfill or open floor plan conditions. See page 35 for more information. (6) - 10d Nails Through Subfloor Into Solid Blocking or [Apply Construction Adhesive to Top rface of Blocking for Finished Modular Floors. 1 2 3 a (2X6) End Wall Bracing Framing Strap Treated Sill Plate Table 4 Top Bond Beam Framing Strap Requirements Sill Plate Backfill Height Framing Strap Spacing Framin strap 7'6" - 9'6" 32" OC 0' < 7'6" 48" OC Figure 27 02010 Superior Walls of America, Ltd. 33 Builder Guideline Booklet"' Typical Roof Truss Connection Detail CAUTION: Depending on plan dimensions, site conditions, and design details, roof trusses may require structural cross bracing and / or uplift clips. Consult your design professional. Fasten Each Truss According to 1RC Section R802 1/2" Bolts (with Washers) Soffit 0 a 0 Slab Connector j\ \/` Area ::.. a ;: .< .:• :. , : ,,g ;a • / / \ \ / / \ \ / / \ \ / / \ \ / / \ \/ ° c4cpbq.�geb�o7� ,46 •;' • °!"�°'�q°'?,04d�!y�b��$b� 'xY `�s "$ "oe °.o. q�doB n � d � � �. sn �• � q • dG tl Virgin Soil Figure 28 1/2" Clean Stone ©2010 Superior Walls of America, Ltd. 34 Builder Guideline Booklet TM Shear Walls A shear wall is a mechanism designed to ensure lateral stability to a structure. A shear wall may be required in certain uneven backfill or open floor plan conditions (See Figure 29 ). It can be constructed by the builder from wood, concrete, masonry (CMU) or steel. If the Architect or Engineer has specified a shear wall for the project, these specifications should be documented in the Architectural drawings. The specifications required from the design professional for shear walls consist of, but are not limited to: Location, 'Length, Bottom of wall connection and Top of wall connection. The Table 5: Shear Wall Table below, provides a guideline to help determine when a shear wall is needed. When the maximum wall lengths exceed the limits shown in Table 5 , a shear wall will be required and the project must be individually reviewed by a design professional. Other site conditions such as adjacent driveways or other conditions may necessitate the need for a shear wall even when the wall lengths do not exceed the dimensions in Table 5 . Table 5: Shear Wall Table Maximum Wall Length Without a Shear Wall Wall Height Differential Soil Type Backfill Height SC, CL GM, SM, GC, GW, GP, SW, ML SP 8' - 2 " < 7' -6" 27' -0" 36' -0" 54' - 0 " <_ 7' -0" 32' -0" 44' -0" 66' -0" <_ 6' -0" 52' -0" 70' -0" 105' -0" 9' - 0 " <— 8' -4" 21' -6" 29' -0" 42' -0" <_ 7' -0" 36' -0" 48' -0" 72' -0" <_ 6' -0" 58' -0" 76' -0" 116' -0" 10' - 0 " <_ 9' -4" 18' -0" 23' -0" 34' -0" <_ 8' -0" 27' -0" 36' -0" 54' -0" <_ 7' -0" 40' -0 54' -0" 80' -0" <_ 6' -0" 64' -0" 86-0" 128' -0" Figure 29 ©2010 Superior Walls of America, Ltd. 35 Builder Guideline Booklet TM Stairwell Header Procedure Stairwell openings adjacent to the foundation wall require special consideration because they often result in the foundation wall acting as a retaining wall with no top of wall restraint. For stairwell openings up to 9' -6" in length and within 8' of the foundation panels (see Figure 30 on page 37 and Figure 31 on page 38) (see table for Allowable Backfill material): • Use construction adhesive between the Allowable Backfill material for sill plate and the top bond beam of the 9' -6" Stairwell Opening Superior Walls panel. wall Height (xi i R -5) • Build a support beam (2x10 sill plate and Soil Type 8' -2" 91 10 two M's), without splices, 2' -0" past each GW, GP, end of the stairwell opening. sw, SP OK OK OK • Bolt the support beam with 1/2" bolts, us- GM, SM, ing washers tightened to both the wood GC, ML OK t t sill plate and the underside of the top SC, CL t t t bond beam, through every precast hole t - Backfill with clean crushed stone. provided over the length of the support * - Maximum height of backfill is 6" below the top of the wall. beam. • For stairwell openings larger than 9'6" in length, or for an alternative Stairwell Header Reinforce- ment Detail, consult an engineer or your Superior Walls supplier. 02010 Superior Walls of America, Ltd. 36 Builder Guideline Booklet T" N O O U c (�D Bolt Through (2 X 8) Beam In 0 All Existing Bolt Hole Locations (2 x 4) Nailed Through (2 X 4) Every 2' -0" O.C. — C Subfloor At Solid Block With Additional Support At S11 Rim Joist Joist Hangers N O 3 SECTION A -A 2 -(2 X 8) Beam Top Flange Joist Hanger (� (N Continuous (2 X 8) Beam 0 No Splices N (2 X 1.0) Sill Plate Bond Beam O r 0 a (D Q i DETAIL A J n O -- - - - -- - r'* k O fn rl � O A n � � y o0 A y W A C CL � 0 0 C. 0 Q N o TOP VIEW N iA O O (D i N O O U c C (D N Bolt Through (2 X 8) Beam In CD All Existing Bolt Hole Locations _ v With Additional Support At VT 11k Rim Joist Joist Hangers (D O M D Top Flange Joist Hanger Q SECTION A -A (D 3 2 -(2 X 8) Beam - Z tD -' Continuous 2 X 8 Beam ' ( ) Bond Beam n O No Splices (2 X 10) Sill Plate 0 r n a (D 0- A (D DETAIL A f1Q A A Q W 8 Q,vo W b tb - - ------------- - - - - -- ---- - - - - -- = m0 35 C- 0 U N L L N A W i C CL 0 0 ^ o L= CL TOP VIEW (D N W O O fD i Backfilling Recommendations WARNING To comply with building code requirements, the framing / decking connection at the top of the Superior Code Reference: Walls panel and the floor slab at the bottom of the Superior 2009 IRC Section: R401.3 Walls panel MUST be completed prior to backfilling. R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does • It is the builder's responsibility to ensure proper site con- not create a hazard. Lots shall be graded ditions. to drain surface water away from foundation • For Backfill Requirements, see Table 6 below. walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 • Do not use expansive soil or topsoil for backfill. For mm). soil type, see Table 1 on page 5. Backfill should not exceed 60 pounds per cubic foot Exception: See code for exception. • (PCF) equivalent fluid pressure (EFP) for any Supe- rior Walls application. [Note: While Xi wall panels are Code Reference: rated to handle up to 100 PCF, framing connection details 2009 IRC Section: R404.1.6 illustrated in this booklet have not been evaluated for ap- R404.1.6 Height above finished grade. plications exceeding 60 PCF equivalent fluid pressure.] Concrete and masonry foundation walls shall • When backfill exceeds 60 pounds per cubic foot (PCF) extend above the finished grade adjacent to the foundation at all points a minimum of 4 equivalent fluid pressure (EFP) consult a design profes- inches (102 mm) where masonry veneer is sional or other person competent in applying the struc- used and a minimum of inches (152 mm) tural design principles involved. elsewhere. • Maximum allowed height of backfill is 6" below the top of the Superior Walls Table 6 panel. Backfill Requirements • Always slope ground away from the Product Line and Wall Height foundation according to local code or Xi Walls R -5 Walls not less than 6" fall within the first 10 feet. Provide functioning rain gutters, Soil Type Heights All 4' " SW, SP 8 -2 9' 10' downspouts, and run -outs. GW GP, • Allowing heavy equipment to operate OK OK OK OK OK near backfilled walls may adversely GM, SM, affect the Superior Walls panels. GC, ML OK OK OK OK OK • In a condition where there is more Fill with clean backfill inside than outside, the maxi- SC, CL OK OK OK OK crushed stone mum differential is 36 ". (Additional All Others Consult an Engineer reinforcement can be added to most Superior Walls panels for product ap- plications that require backfill differential greater than 36 ". Code Reference: Additional requirements must be discussed with your Su- 2009 IRC Section: R404.1.7 perior Walls representative prior to panel manufacturing.) R404.1.7 Backfill placement. Backfill shall not be placed against the wall until the wall has sufficient strength and has been anchored to the floor above, or has been suf- ficiently braced to prevent damage by backfill. Superior Walls does not permit Exception: Such bracing is not required for IN the utilization of this exception. walls supporting less than 4 feet (1219 mm) of unbalanced backfill. ©2010 Superior Walls of America, Ltd. 39 Builder Guideline Booklet TM Point Loading It is important to identify any concentrated load that will rest di- rectly on the sill plate or bond beam. • The maximum uniform load capacity on top of the Supe- rior Walls panels is 5500 pounds per linear foot (PLF). • When ordering, identify concentrated loads so that the factory can evaluate the load to provide the proper struc- tural members to support it. • Concentrated loads that must be considered include: a) a load that exceeds the project's uniformly distributed load on the wall b) any isolated load such as a column load. Beam Pockets Beam pockets are designed to support beams that will be located Code Reference: below floor joists. When ordering, always specify the location, 2009 IRC Section: R606.14 size (width and height), and design loading. R606.14 Beam supports. Beams, girders or other concentrated loads supported by a wall or column shall have a bearing of at least 3 inches (76 mm) in length measured parallel to the beam upon solid masonry not less than 4 inches (102 mm) in thickness, or upon a metal bearing plate of adequate design and dimensions to distribute the load safely, or ° upon a continuous reinforced masonry mem- ber projecting not less than 4 inches (102 mm) from the face of the wall. �l it O 0 r �l it 0 0 R -5 Beam Pocket Xi Beam Pocket Figure 32 ©2010 Superior Walls of America, Ltd. 40 Builder Guideline Booklet"' Precast Column Pads • The following Precast Column Pad tables only apply to pads that conform to the Supe- rior Walls pre- engineered specifications. For locally designed footing elements, follow the directions of the design professional involved. • Precast column pads may be ordered for the support of columns designed for the loads indicated on the following charts. • Crushed stone must be consolidated in 8" lifts with a plate vibrator. ** • "Depth of Stone" assumes 1/2" clean crushed stone, beneath pad, on virgin soil. Con- sider soil bearing capacity and stone depth requirements when selecting. • Capacity values assume that the load is centered on the pad and that the column base is a minimum of 6" square. • Interpolation for other soil bearing values is permitted. • Capacity was analyzed in accordance with ACI 318 -05.* Table 7 2'x 2'x 4 -1/2" Precast Column Pad Depth Excavation Allowable Load (lbs.) (Based on soil bearing capacity) of Width Structural Column Stone (Minimum) 1500 psf 2000 psf 3000 psf 4000 psf B others #3 Rebar soil soil soil soil 24" X 24" X 4 1/2" Concrete Floor 0" 2' -0" 6,000 8,000 12,000 15,400* Column Pad By Others 2" 2' -3" 7,210 9,614 14,421 15,400* 4" 2' -5" 8,532 11,375 15,400* 15,400* 6" 2' -7" 9,964 13,285 15,400* 15,400* Depth of Stone� 8" 2' -10" 11,508 15,344 15,400* 15,400 * ":�a �p 10" ** 3' -0" 13,162 15,400* 15,400* 15,400* Load Transfer Width (Excavation Width) 12" ** 3' -2" 14,928 15,400* 15,400* 15,400* 14" ** 3' -5" 15,400* 15,400* 15,400* 15,400 Figure 33 * Denotes pad limit ** Crushed stone must be consolidated in 8" lifts with a plate vibrator. Table 8 Tx 3' x 6" Precast Column Pad Allowable Load (lbs.) Depth Excavation (Based on soil bearing capacity) Structural Column of Width By Others '14 Rebar Stone (Minimum) 1500 psf 2000 psf 3000 psf 4000 psf soil soil soil soil 36" X 36" X 6" Concrete Floor 0" 3' -0" 13,500 18,000 27,000 28,000 Column Pad By Others 2" 3' -3" 15,288 20,383 28,000* 28,000* P ' e"d$ • adnA ' s 3' -5" 17,186 22,915 28,000* 28,000* o ... 4 Jf:. ;•h5 e q�d � - T = - - �. - - - �. - - _ -�. - - ala.%i�i.K.°•.��a�$ * * ..v�..k ^'-r ° •� a .8 ^ . 96F�,..; YS1," e 'F..; . .Y s `f,.'.:,•Y s f • ` v ' ' '.tii Yv! °':•.yaP• .�Y•.= �... °S �s.,?b. 6" 3' -7" 19,196 25,595 28,000 28,000 Depth of Stone s (t .- G V -0p? "�q °4paa°p ° a� i� {$t {a ° agaadogv�o- °d es° F � �° ' 8" T-1 0" 21,317 28,000* 28,000' 28, 000*# � �e�1ag 8 -0�?�ega �v 10" ** 4'-0" 1 23,549 28,000* 28,000* 28,000* I~ Load Transfer Width (Excavation Width) 12" ** 4' -2" 25,892 28,000* 28,000* 28,000* 14" ** 4' -5 28,000* 28,000* 28,000* 28,000* Figure 34 * Denotes pad limit ** Crushed stone must be consolidated in 8" lifts with a plate vibrator. ©2010 Superior Walls of America, Ltd. 41 Builder Guideline Booklet Table 9 4'x 4'x 8" Precast Column Pad Allowable Load (lbs.) Depth Excavation c S tru ctural Column Of Width ( Based on soil bearing p y) B Others SI 4 Rehm 1500 psf 2000 psf 3000 psf 4000 psf Stone (Minimum) as° x aa" x s" Soil soil soil soil Concrete Floor Column Pad By Others 0" 4' -0" 24,000 32,000 41,366* 41,366* M 2" 4' - 3" 26,365 35,153 41,366* 41,366 * � g Q 4" 4' -5" 28,841 38,455 41,366 41,366 a 9" �d , °.° __ __ ___ __ •. •, De of',, b� dd:' odd. >dd` odd. >dd:'odd. >dd:'odd.odd.'odd> Oo' ����• -• th one ¢"•' a� "a.°.�r•�OnSa�ao•.ao�3aa�.ao', aoS r•oa oo6a�ad'oaayd y?Ft �$° 6" 4' -7" 31,428 41,366 * 41,366 * 41,366 * P a°°Q`�' `�° q "''�'�� �°�°� °• �$;z • 1 1a °.3�?a a" �1.°*5z 8" 4' -10" 34,126 41,366* 41,366* 41,366* Tr ans fe r *,r * + * (Excavation Width) �l 10" 5' -0" 36,936 41,366 41,366 41,366 12" ** 5' -2" 39,856 41,366* 41,366* 41,366 Figure 35 14 "** 5' -5" 41,366* 41,366* 1 41,366* 41,366* * Denotes pad limit * Crushed stone must be consolidated in 8" lifts with a plate vibrator. Table 10 28" Diameter x 4 -1/2" Precast Column Pad Allowable Load (lbs.) Depth Excavation (Based on soil bearing capacity) Structural Column of Width By Others n4 Rebar Stone ( Minimum) 500 psf 2000 psf 3000 psf 4000 psf ) soil soil soil soil R C lu a U2" Concrete Floor. Roud Column Pad By Others D" 2' -4" 6,414 8,552 12,828 17,104 2" 2' -7" 7,516 10,021 15,032 20,042 a: 4" 2' -9" 8,705 11,606 17,409 23,213 Depth of Stone. ri a g °FdoPgy° ga 6" 2' -11' 9,981 13,308 19,962 26,616 -) sa 8" 3' -2" 11,344 15,126 22,689 28,000* Load Transfer Widt (Excavation Width) 10" ** 3' -4" 12,795 17,060 25,590 28,000* 12" ** 3' -6" 14,333 19,111 28,000* 28,000 Figure 36 14" ** 3' -9" 15,958 1 21,278 1 28,000* 1 28,000* * Denotes pad limit ** Crushed stone must be consolidated in 8" lifts with a plate vibrator. ©2010 Superior Walls of America, Ltd. 42 Builder Guideline Booklet TM Support Ledges • You may specify either a 4" or 5 -1/2" projection for ledges to support: Code Reference: - Brick or stone veneers 2009 IRC Section: R703.7 - Adjoining walls R703.7 Stone and masonry veneer, gen- - Garage, porch or patio floor pours eral. See code for requirements. These ledges may be either continuous or intermittent. You must specify their vertical and horizontal location. • Wall ties are needed when the ledge is intended to support ma- sonry veneers and is 16" or more below the top of the Superior Walls panel. • 4" and 5 -1/2" support ledges are rated for 2,900 pounds per linear foot. • See building code reference for flashing requirements. a e. Specify 4" or 5 1/2" 0 Ledge Projection as Figure 37 ©2010 Superior Walls ofAmerica, Ltd. 43 Builder Guideline Booklet TM This page is intentionally left blank. aupellor Wang HOMEOWNER GUIDE Rev: 06101/10 Additional copies of this Homeowner Guide are available for download at www.superiorwalls.com. Controlling Humidity and Condensation Modern construction methods have resulted in tighter, more energy - efficient homes that require planning for the control of hu- midity and condensation. Because a Superior Walls wall panel is constructed with a high - performance concrete mix and lined with closed -cell foam insulation, it prevents the free flow of moisture through the wall panel. Though this is a good thing when seeking to keep ground water out of your basement; it also acts to keep moisture vapor inside the house. In certain conditions of high interior humidity and low exterior temperatures, it is possible that condensation may form on the interior surface of the Superior Walls panel. Condensation can occur anytime moist air contacts a surface that has a tempera- ture less than the dew -point of the air. Condensation may be controlled in a number of ways: 1. By reducing the amount of moisture in the air: a. Limit moisture - producing sources or activities like non - vented clothes dryers or hot -tubs. b. Use a dehumidifier. 2. By preventing the moisture from reaching the cold wall surface: a. Remove the moist air with an exhaust fan or other ventilation. 3. By increasing the temperature of the room: a. Add heat and the air will hold more moisture. b. Increase the room temperature and you will also increase the temperature of the wall surface. It is usually most effective to use more than one of these methods in order to effectively control condensation. "Original Equipment" Foam Insulation All Superior Walls products are tested to the UL1715 fire test standard and comply with the requirements of the 2009 Inter- national Residential Code - Section R316 (Foam Plastic). No additional thermal barrier is required UNLESS additional foam insulation has been added after the panel was manufactured. Superior walls are delivered to your job site with either 1" or 2' /2" foam insulation installed as a part of the system. This gives the walls an R -5 or R -12.5 rating respectively. Exterior Helpful Hints • Grade —Slope the ground away from the home a minimum of 6 inches within the first 10 feet from the wall (additional slope may be required by your local building code). Re -grade if soil settles over time. • Gutters and Downspouts - Keep gutters and downspouts free of leaves and debris. Splash blocks or down spout extensions should be used to divert water away from the foundation. Interior Finishing of Superior Walls Panels • Corner Studs and Blocking — Always use preservative- treated lumber for corner studs and nailers placed against the concrete. For areas where there will be objects fastened to the finished walls between existing studs, install appropriate wood blocking. (i.e. For curtain rods, cabinets, doorstops, or electrical and plumbing fixture loca- tions.) • Wiring and Plumbing — Using the pre -cast holes in the studs, install all electrical wiring and small plumbing lines according to local codes. Holes may be drilled through the top bond beam for wiring and plumbing drops. • Drywall and Interior Finishes —After the corner studs and all blocking are in place, the Superior Walls panels are ready for drywall. Regular W drywall is recommended to span the stud spacing. It is best to leave a V gap be- tween the concrete floor and the bottom of the drywall to prevent moisture absorption into the drywall. This moisture can cause drywall deterioration and paint finish problems. Attach the drywall using 1" drywall screws (fine thread / 02010 Superior Walls of America, Ltd. Homeowner Guide Appendix A sharp point). A solid bead of construction adhesive should be applied to the top bond beam and the face of the stud. The use of paneling or other similar products should still be backed with a layer of drywall. • Exterior Holes in Superior Wall Panels —Any exterior holes that may be required for such things as sanitary soil lines, electrical service entrance cables, or chimney flues, should be made following these simple proce- dures: 1. Mark -out the location and size of the hole required. 2. Use a masonry hole saw or a hammer drill with a small bit (to drill a series of holes around the perimeter of the hole). With a hammer and chisel start to work the area inside the small holes until the hole is the required size and shape. 3. After the pipe is installed, completely seal the entire area around it with a flexible sealant to prevent water penetration. A one part urethane or polyurethane sealant, available from your local hardware store, is recom- mended. (Do not use Acytoxy -cure silicones.) Adding Insulation to a Superior Walls Panel There are two insulation methods that will consistently yield satisfactory results and prohibit condensation from forming within the wall cavity: • Spray -on 2 -part polyurethane foam. This is a closed cell material and completely closes off the cavity from moisture penetration. It can be obtained both professionally and as a DIY kit. Several DIY kits are available on the internet. Foam can be sprayed to the required thickness to achieved the desired R- value. • Add extruded /expanded polystyrene foam board between the studs, and seal between the foam board and studs with a ( "great stuff - type ") canned polyurethane. The polystyrene foam board is closed cell; moisture cannot pass through, and when used in conjunction with the canned foam, completely closes off the cavity from moisture penetration. Foam board is readily available for the DIY market, as is the canned polyurethane foam. Generally speaking, after adding any type of exposed foam insulation to the interior of a wall assembly, the building code requires that you cover the insulation with a thermal barrier to protect the insulation from fire - see your local building code for details. When adding other types of insulation to a Superior Walls wall panel, it is important to consider two factors to ensure that water vapor does not condense within the wall cavity: 1. Controlling the moisture content of the air trapped in the cavity while adding the insulation. (Use of a dehumidifier is recommended.) 2. Restricting moisture -laden air from entering the cavity from the living space or from the earth beneath the wall. (This may be accomplished through the use of paints, sealants, and spray foams. Daylight drains require a trap on the drain line to prevent a back -flow of moist air.) The essential issue is that you must stop moisture from entering the stud cavity. • Fiberglass batt, cellulose, Icynene®, or other materials may perform satisfactorily if the considerations noted above are properly dealt with. NOTE: This information is, general in nature and may not be applicable in every situation. Your design professional (i.e. builder, architect, engineer, or supplier) can assist you in special conditions. When in doubt, please ask for guidance concern- ing your particular application. Still have questions? Contact your Superior Walls representative for answers to your questions. Find your local repre- sentative at www.superiorwalls.com using the Rep Locator link. ©2010 Superior Walls of America, Ltd. Homeowner Guide Appendix A supenoor Walt BUILDER'S CHECKLIST Rev: 06/01/10 For use by builders and general contractors to ensure proper foundation design, construction, installation, and performance. All page references made below use the Superior Walls of America Builder Guideline Booklet (Revised June 2010) and the 2009 International Residential Code. Additional copies of this checklist are available for download at www.superiorwalls.com. 1. Provide your local Superior Walls representative with: F7 Floor plans and elevations ❑ Design load (total pounds) per linear foot on the foundation ❑ Beam and column locations, sizes and point loads ❑ Additional point loads and locations ❑ Window and door locations, rough opening sizes ❑ Egress considerations ❑ Exterior finishes requiring support ledges ❑ Interior stairway locations, opening sizes (affects panel lengths) ❑ Inside fill conditions ❑ Exterior basement entry system specifications ❑ Chimney details 2. Prepare Site: ❑ Building Permits and Inspections ❑ Soils Verification o Excavation F Placement of Drain Pipe and Sump Pit ❑ Installation of Filter Membrane ❑ Cold Weather Practice ❑ Placement of Crushed Stone Footing ❑ Locate Building Corner Pins and Establish Grade ❑ Site Accessibility: Truck and Crane Access, Trailer Unload Area, Crane Pad(s) ❑ Installation of Sill Plate and Framing Attachments ❑ Backfill After Concrete Floor has been Poured and Framing / Decking Connection is complete 3. Provide checklist from Builder Guideline Booklet for: ❑ Excavation ❑ Concrete floor ❑ Framing ❑ Inspection 4. Provide approved drawings (Date: Revision: ) for: 1-.1 Excavation 0 Concrete I:. ] Framing 5. Soil characteristics (Pg. 5) ❑ Determine type and allowable Load - Bearing Pressure (Table 1 on Pg. 5) ❑ Determine combined footing load per linear foot 6, Crushed stone footing (Pg. 6) ❑ Determine stone depth (Table #2 on Pg. 6) ❑ Communicate stone depth to excavator ©2010 Superior Walls of America, Ltd. Builder's Checklist Appendix B 7. Excavation (Pg. 7) 0 Provide elevations ❑ Set corner pins C_l Communicate to excavator: site accessibility needs (trucks and crane) 8. Drain system and daylight drain or sump (Pg. 6, 7 & 8) ❑ Communicate to excavator: placement of perforated drain pipe in reference to corner pin location (Figure 2 on Pg. 6, Foundation Drainage on Pg. 8) ❑ Communicate to excavator: location of daylight drain and trap (Pg. 8) or location of sump accumulation tank(s) El Install filter membrane 9. Shear walls (Pg. 35) ❑ Verify need for shear walls ❑ If required, verify that shear walls are attached to floor, outside wall and joist(s) above F1 Choose shear wall construction: —Superior Wall panel or Other construction ❑ If Other construction, communicate construction to framers 10. Concrete floor (Pg. 18) NOTE: To comply with building code and Superior Walls of America, Ltd. requirements, the framing / decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel MUST be completed prior to backfilling! ❑ Communicate need to embed Superior Walls Slab Connector (if included) into concrete floor pour ❑ Communicate thickness (3'/z'), sub base (4 "), concrete psi, vapor retarder under floor (as required per code), and floor reinforcement if required 11. Crawl space (Pg. 20 & 21): Choose one of the following: ❑ Treated wooden bracing at 48" O.C., or ❑ 12 ". minimum inside fill, or u 2" minimum poured concrete floor 12. Framing / Modular connection (Pg. 24 to 33) NOTE: To comply with building code requirements, the framing / decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel MUST be completed prior to backfilling! ❑ Determine fastening schedule (Table #3 on Pg 27) ( " OC) I_I Communicate fastening schedule to framers ❑ Bolted not more than 12" from the ends of each sill plate section (R403.1.6) 1-7 Framing strap (if used) lies between band joist and sill plate (Figure #27 on Pg. 33), is fastened with 1-%` nails provided, 1 nail per hole, Verify strap spacing (Table #4 on Pg. 33) 13. Electrical / Plumbing ❑ Communicate proper method to drill / cut holes through Superior Walls panels. Exterior Holes in Superior Wall Panels –Any exterior holes that may be required for such things as sanitary soil lines, electrical service entrance cables, or chimney flues, should be made following these simple procedures: 1. Mark -out the location and size of the hole required. 2. Use a masonry hole saw or a hammer drill with a small bit (to drill a series of holes around the perimeter of the hole). With a hammer and chisel start to work the area inside the small holes until the hole is the required size and shape. 3. After the pipe is installed, completely seal the entire area around it with a flexible sealant to prevent water penetration. A one part urethane or polyurethane is recommended. (Do not use Acytoxy- cure silicones.) ©2010 Superior Walls of America, Ltd. Builder's Checklist Appendix B supellor want EXCAVATOR'S CHECKLIST Rev: 06/01/10 For use by excavators to ensure accuracy of excavation, efficiency in foundation installation, and proper backfilling and grading. All page references made below use the Superior Walls of America Builder Guideline Booklet (Revised June 2010) and the 2009 International Residential Code. Additional copies of this checklist are available for download at www.superiorwalls.com. 1. Builder Guideline Booklet ❑ Obtain your personal copy of the SWA Builder Guideline Booklet 2. Site drawings ❑ Confirm you are working from the approved drawing before you dig F1 Drawing date: Drawing Rev: 3. Building placement ❑ Obtain required benchmark elevations from builder ❑ Excavate per set pins from builder 4. Excavation (Pg. 7) ❑ Trench dug below frost line ❑ Verify with builder either: sump pump or daylight drain ❑ If sump pump, number of accumulation tanks ❑ Provide minimum 2' -0" over -dig at base of foundation (both sides of wall) (Pg. 7) ❑ Properly bench banks (for excavations more than 5-0" deep, bench or slope in accordance with OSHA Standard 1926.652) ❑ Provide ramp for access to hole if required ❑ Pile soil a safe distance from hole ❑ Excavate for column pads as required ❑ Prepare access driveway, trailer location pads, and crane pad(s) 5. Crushed stone footing (Pg. 9) I Obtain required stone depth from builder (_inches) ❑ Dig footing per required stone depth (Table #2 on Pg. 6) ❑ Use 4 inch perforated pipe (Figure 2 on Pg. 6) and locate pipe (Foundation Drainage on Pg. 8) ❑ Place drain pipe (Figure 2 on Pg. 6 and Foundation Drainage on Pg. 8) 17 Clean crushed stone (1/2" Max; Pg. 9) ❑ Consolidate stone in a maximum of 8" lifts with plate vibrator ❑ Direct drain pipe to accumulation tank(s) or daylight (Foundation Drainage on Pg. 8) ❑ Evenly grade the stone to within + / -1 inch of level ❑ Leave enough stone behind for use in final grading by the wall installation crew ❑ Install filter membrane on top of stone footing prior to backfill (R405.1.1) 6. Concrete floor (Pg. 18) ❑ Clean 4" base provided (R506.2.2) ©2010 Superior Walls of America, Ltd. Excavator's Checklist Appendix C 7. Backfilling (Pg. 39) ❑ Get approval to backfill from builder NOTE: To comply with building code requirements, the framing / decking connection at the top of the Superior Walls panel and the floor slab at the bottom of the Superior Walls panel MUST be completed prior to backfilling! 8. Final grading (Pg. 39) ❑ Slope the final soil grade a minimum of 6" fall within the first 10' -0" to divert groundwater away from foundation (Pg. 37 and R401,3) ❑ Finished soil grade must be at least 6" below top of the Superior Walls panel (Pg. 39 ) ©2010 Superior Walls of America, Ltd. Excavator's Checklist Appendix C SU: perl waug CONCRETE WORK CHECKLIST Rev: 06/01/10 For use by concrete flatwork contractor in pouring the basement floor. All page references made below use the Superior Walls of America Builder Guideline Booklet (Revised June 2010) and the 2009 International Residential Code. Additional copies of this checklist are available for download at www.superiorwalls.com. 1. Builder Guideline Booklet P Obtain your personal copy of the SWA Builder Guideline Booklet 2. Building drawings L. Confirm you are working from the approved drawing C :1 Drawing date: Drawing Rev: 3. Crawl space (Pg. 20 & 21): Confirm, with builder, one of the following: ❑ Treated wooden bracing at 48" OC, or ❑ 12" minimum inside fill, or ❑ 2" minimum poured concrete floor thickness 4. Concrete floor (Pg. 18) [ - - _I Clean 4" base (R506.2.2) ❑ Install vapor retarder under floor pour as required by local code (R506.2.3) ❑ 3'/2" minimum concrete floor thickness (R506.1) ❑ Fasten lath at the desired height of the concrete floor to form a screed board L Bend slab connectors (if present) down before pouring concrete floor ❑ Provide 2" minimum concrete contact between base of wall and concrete floor 5. Raised concrete floor (at a level higher than the typical elevation) (Pg. 19) [ I Clean 4" base (R506.2.2) i._l Install vapor retarder under floor pour as required by local code (R506.2.3) ❑ 3 ' /2 ' thick minimum floor thickness (R506.1) Fasten lath at the desired height of the concrete floor to form a screed board ❑ Cut and remove foam insulation at the desired floor surface ❑ Cut and remove the interior stud facing at the desired floor surface 02010 Superior Walls of America, Ltd. Concrete Work Checklist Appendix D This page is intentionally left blank. super walig FRAMER'S CHECKLIST Rev: 06101110 For use by framing contractors to ensure proper framing connection to top of Superior Walls panels. All page references made below use the Superior Walls of America Builder Guideline Booklet (Revised June 2010) and the 2009 International Residential Code. Additional copies of this checklist are available for download at www.superiorwalls.com. 1. Builder Guideline Booklet Obtain your personal copy of the SWA Builder Guideline Booklet 2. Building drawings L Confirm you are working from the approved drawing 0 Drawing date: Drawing Rev: 3. Crawl space (Pg. 20 & 21): Confirm, with builder, one of the following: ❑ Treated wooden bracing at 48" OC, or ❑ 12" minimum inside fill, or E. 2" minimum poured concrete floor thickness 4. Sill plate framing connection (Pg. 24 to 27) C' Obtain sill plate bolting frequency from builder (Table #3 on page 27) (_24" OC or _ 48" OC) ❑ Use 1 /2" x 5 ( minimum length) bolts with washers in top bond beam ❑ Fasten above window & door headers (Pg. 24) ❑ Use a minimum of 2 bolts per sill plate section and u Bolted not more than 12" from the ends of each sill plate section (R403.1,6) ❑ Sill plate splices are at least 48" from any foundation panel joint 5. Perpendicular floor joist connection (Pg. 24) ❑ Each joist nailed to sill plate with two 16d nails (or three 8d nails per code) 6. Parallel floor joist connection (Pg. 24) 1 2 x 6 end -wall braces and joist blocking located every 48" and within 12" from the interior of each corner (Figures 19 & 20 on Pg. 27 & 28) ❑ Nail same 2 x 6 end -wall brace to sill plate with five 10d nails ❑ Obtain number of solid blocks required from builder 0 1 solid block used if backfill is 0' to 7' -6" ❑ 2 solid blocks used if backfill is between 7' -6" and 9' -6" for joists less than 10" in height F] 3 solid blocks used if backfill is between 7' -6" and 9' -6" for joists that are greater than or equal to 10" in height. (See fastening details on Pg. 27 to 33) ❑ Blocking requires six 10d nails through floor (conventional construction) or construction adhesive on top of blocking (modular construction) (Pg. 33) 7. Modular connection (Pg. 33) ❑ Obtain required spacing (32" or 48" CC) for framing straps from builder (Table #4 on Pg. 33) 0 Install framing straps between band joist and sill plate (Figure #27 on Pg. 33) [, Nail framing strap with 1 '/2" nails provided with straps C. - 1 1 nail in every nail hole ©2010 Superior Walls of America, Ltd. Framer's Checklist Appendix E 8. Wooden Shear wall (Pg. 35) ❑ Determine from builder if a wooden shear wall is required (_ Yes _ No) ❑ Shear wall attached to concrete floor, wall and floor joist(s) above (per design professional specifications) 9. Stairwell header (Pg. 36 to 38). ❑ Is the long side of the stairway opening within 8' of the parallel Superior Walls panel? ❑ If "YES ": • Support beam (2 x 10 sill plate and two 2 x 8's) 2' -0" past each end of the opening without splices • Use '/2" bolts in every precast hole through the bond beam • Openings larger than 9' -6" must be reviewed by an engineer 10. Roof truss connections (Pg. 34) ❑ Obtain sill plate bolting frequency from builder per table #4 on page 28 (_24° OC or _ 48" OC) ❑ Verify with builder what structural cross bracing (for wind loads or backfill) is required for the trusses (per manufacturer's specs) ❑ Verify with builder if uplift clips are required for the trusses ©2010 Superior Walls of America, Ltd. Framer's Checklist Appendix E File Job Name Builder Directions Address - no twift SUP81 1wou CODE INSPECTOR'S CHECKLIST Rev: 06/01/10 For use by building code inspectors to simplify and expedite the inspection process with Superior Walls foundations. All page references made below use the Superior Walls of America Builder Guideline Booklet (Revised June 2010) and the 2009 Inter- national Residential Code. Additional copies of this checklist are available for download at www.superiorwalls.com. 1. Verify soil characteristics (Pg. 5) u Minimum 1,500 PSF capacity (Table R401.4.1) 2. Verify crushed stone footing (Pg. 6 8, & 9) ❑ Stone depth (Table #2 on Pg.6) ❑ Clean crushed stone (1/2" Max) ❑ Filter membrane by others prior to backfill (R405.1.1) 3. Verify excavation (Pg. 7) ❑ Trenches / excavation dug below frost line 4, Verify drain system / sump pump (Pg. 6, 7 & 8) 0 Drainage pipe installed (Figure 2 on Pg. 6 & Foundation Drainage on Pg. 8) 0 Accumulation tank for sump if not draining to daylight 5. Verify concrete floor (Pg. 18) ❑ 4" base provided (R506.2.2) ❑ 3 -1/2" thick minimum floor thickness (R506.1) 0 Vapor retarder provided under floor as required (R506.2.3) 0 2" minimum concrete contact between base of wall and concrete floor 0 Slab connectors (if present) bent into concrete floor pour 6. Verify crawl space construction if present (Pg. 20 & 21) and the presence of one of the following; 0 Treated wooden bracing at 48" OC, or ❑ 12" minimum inside fill, or ❑ 2" minimum poured concrete floor thickness 7. Verify sill plate framing connection (Pg. 24) Ci Bolted using minimum 1/2" x 5 -1/2" bolts with washers in top bond beam ❑ Bolted using 1/2" x 3" bolts above window / door headers 0 Attached per (Table #3 on page 27) and 0 Minimum of 2 bolts per plate section and ❑ Sill plate splices must be at least 4' -0" away from any foundation joint, and ❑ Bolted not more than 12 ", nor less than 7 bolt diameters, of the end of all plate sections (R403.1.6) 8. Verify perpendicular floor joist connections (Pg. 24) ❑ Each joist nailed to sill plate with two 16d nails (or three 8d nails per code) (R602.3(1)) ©2010 Superior Walls of America, Ltd. Code Inspector's Checklist Appendix F 9. Verify parallel floor joist connections (Pg. 24) ❑ 2 x 6 end -wall braces located within 12" from the interior of each corner (Figures 19 & 20 on Pg. 27 & 28) R Same 2 x 6 end -wall braces nailed to sill plate with five 10d nails ❑ 1 solid block used if backfill is 0' to 7' -6" (nailed in -line with the 2 x 6 end -wall brace) ❑ 2 solid blocks used i backfill is between 7' -6" and 9' -6" for joists less than 10" in height D 3 solid blocks used if backfill is between 7' -6" and 9' -6" for joists that are greater than or equal to 10" in height (See fastening details on Pg. 27 to 33) 1 Blocking requires six 10d nails through floor (conventional construction) or construction adhesive on top of blocking (modular construction) 10. Verify modular connection (Pg. 33) ❑ Framing strap lies between band joist and sill plate (Figure #27 on Pg. 33) ❑ Framing strap is fastened with 1 -1/2" nails provided with straps Li Verify 1 nail per hole ❑ Verify strap spacing (Table #4 on Pg. 33) 11. Verify shear walls (Pg. 35) ❑ If present, verify that shear wall is attached to floor, outside wall and joist(s) above ❑ Shear wall must be either a Superior Walls panel or other approved construction 12. Verify stairwell header (Pg. 36). Is the long side of the stairway opening within 8' of the parallel Superior Wall? If "YES ": ❑ Support beam (.2 x 10 sill plate and two 2 x 8's) 2' -0" past each end of the opening without splices ❑ Use 1/2" bolts in every precast hole through the bond beam ❑ Openings larger than 9' -6" must be reviewed by an engineer or be an alternative Superior Walls Stairwell Header Reinforcement design. 13. Verify backfilling (Pg, 39) ❑ Before backfilling, basement floor must be poured and first floor framing / decking properly attached (R404.1.7) ❑ Height of finished soil grade must be at least 6" below top of Superior Walls Panel (R404.1.6) 14. Verify inside fill conditions (Pg. 22) ❑ Must not exceed 36" more inside fill than outside fill 15. Verify final grade ❑ Slope the final soil grade a minimum of 6" fall within the first 10' -0" to divert groundwater away from foundation (R401.3) El Height above finished soil grade must be at least 6" (R404.1.6) 02010 Superior Walls of America, Ltd. Code Inspector's Checklist Appendix F Superior walls Suggestion for Improvement Rev: 06/01/10 So that we may continually improve upon the quality of the materials we offer, please take a few moments to complete this Suggestion for Improvement form. General Information Name: F or mail this completed form to: Address: alls of America, Ltd. City. r Guideline Booklet Committee State: arl R oad Zi d, PA 17557 P one: 0) 452 -9255 E -mail: Fax: (717) 351 -9281 Please rate the following: Content / Technical Level g c� �_ Disa ree Neu Agree Information in this publication is presented in a logical fashion .... o 0 0 Each topic / section flowed smoothly to the next ............... o 0 0 The content of each topic / section is sufficient ................ o 0 0 If you disagree was it: Too much? o Too Little? o Comments / Suggestions: ©2010 Superior Walls of America, Ltd. BGB Suggestion for Improvement NOTES _. �.... ___.__._. _..._..!._...... __. _ ... ; r i I I 1 i r ± i i I 1 � I � f f i ( i f i � I t i f � I I j t i i 1 i i { {[ i 1 I 1 i ! 1 1 f �_ 1___ _....._._... _............_.__....1._.. l i : upon -3113 �` ��°` F �} ` � _ � ? ,. � ��;° ! p ,.l '`� ,'� J = (y� w"`'""� �' t�- �' ��¢} f q �° �"" . �`�� ',, �y' > ` µ, �`{�' °`- --- �''� :"., ; •._" �r.��`"`v,�3 p.+ �.x'� _. ° A ♦ � ` q ,L,, l t }. Y �.N � 11.' �l; .��:, 'las,� � .F # S h� � 4' 7 .�. ` �� { j3� ,+<' v i �F g,PS For National Green Building i Certification i This is to signify that the fo lomting products for residential construction Superior Walls Insulated precast Concrete Walls Manufactured by N j ! Superior W alls of America, Ltd. Licensees T Have been approved for points toward National Green wilding Certification G R E L ' to the ICC 7OG -2008 National Green Building Standard as shown on page 2 of this certificate. The NAHB Research Center hereby authorizes accredited verifiers to award APPROVED these points toward certification when the products are used in accordance with the conditions shown on page 2 and the manufacturer's installation instructions. This information has been verified by independent third -party testing or evaluation. Certificate #0007 Signer; _ Issuance [late:. September o, 2003 Expiration pate; :September 30, 2412 Robert L, }Fill, Director Laboratory Sciences and Certification Programs NAHB Research Center • 400 Prince George's Boulevard - Upper Marlboro, MD 20774 anwww nahbrc.corn. This rertifioute is no; ca reepm %%atom, wranty, cr guarantee of product performance or cartificaticn otcode'wmoanw F o- deans of the prwuci %wrrwty, c0ulj,t ft Product manvfact '•:& I - - :::. t'..'4t ;k!:, ).. .:Ix�3t';' e . -'. i }iv3t.'3. t A . _ Green approved Products. Certificate #00071 Page 2 of 2 P roducts: Superior Walls Insulated Precast Concrete W N R Manufacturer: Superior Walls of America, Ltd. Licensees C ENT E R GREEN APPROVER The.use of these products- Is approved to receive points to certification under the National Green Building Standard practices as noted below: POTENTIAL. PRACTICE # PRACTICE DESCRIPTION POINTS ADDITIONAL CONDITIONS OF USE TO AWARD POINTS AvA IIABLE 801 2 Structural systems /advanced framing techniques optimize rn. ateria To be awarded points, wall system is used for at least usa e. 3 85 ° l0 offoundation walls or above rode exteriorwalis. Precuttpreasseinbled components, panelized, or precast 601.5(1 -3} assemblies are utilized for a minunium of 90% of floor, wall, and /or 4 To be awarded points, this product must be utilized for roof system If points claimed for these systems, points cannot be 90% or more of the wall system: claimed for Modular or Manufactured home construction. 607,1 Products containing fewer materials are used to achieve the same To be awarded,poinis wall system is used for at least end -use requirements as conventional products. 3 85;0 of foundation walls or above grade extedorwalls, t i t be installed in accordance with local code 701.4,3.1 1 su Inlation is installed' in accordance witlrthe manufacturer's Must (s ) and Mandatory the manufacturer's instructions. Other insulation in the instructions or local code. Mandatory forcertification. building must also meet this practice. 903.2.2 Capillary break,is added on footing. 3 Walls must be on a minimum 4 inch thick gravel bed With appropriate foundation drainage. Signed . ' Issuance. Gate: September 3, 2009 EY4*ation Date: September 30, 2012 Robert L. Hill, Director Laborator7 Sciences and Certification Programs NAHB Research. Center - 400 Prince George's Boulevard • Upper Marlboro, 1V1D 20774 • waiw.nahbrc.com �6s .�k;fcata is nut "a relfresw^?at,on, r�rrant+�, cr gua:an *.ee of prdiiuS r>erforn�rce cr cetfication of code ::nmp ±ian�::. Fiir details of heprdJuct warranty, u.nault :he rr•afi;ct manufacturer. SU Orlor Walls ri 17 T If you need further assistance, please contact your local Superior Walls Representative. Superior Walls of America, Ltd. 937 East Earl Road New Holland, PA 17557 Your local Superior Walls provider is an independently owned and operated licensee of Superior Walls of America, Ltd. Builder Guideline Booklet, Superior Walls, the Superior Walls logo, and the Split Square symbol are trademarks of Superior Walls of America, Ltd. WEST PENNSBORO TOWNSHIP ZONING HEARING BOARD Date.: %% 3. .040 Docket No.# _�2 00 Cn To: Zoning Hearing Board -of West Pennsboro Township ..2150 Newville Road, Carlisle, Pa . '17013 I . Name & Address of Applig L �� S tl,�C i� ��c ctic11'71cn Z.� 11. <S t C-L"I UY� J .G "Lr Il 5 Je Phone: '776--: f ` �h. Vccl %l'��r.r� 4.;.,, - 2. Applicarif's Attorney & Address (if applicable).: . r ...,,,_ , ' .. .. .. 3.' Applicant is the ( D .'. (TENANI)(PURGHASER)(OTHER) of. property. . 4:. If applicant is not the -'owner, foinish name and address of ,owner: . 5. ' The subject property `is described; located and used'as set forth on the plan as attached -hereto. 6. Tlie.(SPECIAL EXgPTl011� $ (I�VTER�RL�IATIO,N)�(APPEAL) sought by •the Applicant, Biting present zoning classif Cc tibii of property. ;arid sect- o of Zoning Ordinance :under which request is presented- ,' 7. The reason(s) Applicant's request of above is as follows:' �L / �/AN'P' ✓C.'1'i'�:1 b f'` ' SF 734 N "1 . Vt/n S. / �• ru.� J C`^D: ?Kfi'►) i+ s!�H/1'f •�Zoi� /i�1 C'`CJ9 ` `� E�/t�l4GN�'S .. l.!. •i`vi -t � - C .vrwt9'tT ��:, �, h. �' . ' c K . ti T":.. �i G ` • . . . 8: The following are adjoining property owners and respective. addresses: CC, - <e rr a 9. Fee $350.00 10. Signature of Applicant; �3GC C:X��� r 11 L i PLAINT IFF' S . .. � EXHI BIT jl-scc;ae ZONING NOTICE WEST PENNSBORO TOWNSHIP Interested persons are hereby notified that West Pennsboro Township has received a request for a: l�a/'i�r� a► involving this property. Name of Property Owner: Address of Property Owner: 6 wh ' 71 0A! r I� Name of Applicant: J�r/_'�tltA Address of Applicant: Zoning District where property is located: Other Information:V&/je,�,�� �} � ,� �p�� /� WW ��i� ff earing o �t is eqPe c eJu�e�� ��`�j For: 240l Time: G:oO&I? 1W. ' P lace: �St�dS�'7.r Poste - _ 111110 4 Z�So /�ktt�y %/G iQd Al � Signed: /yam , 7 -- PS R e�is�� PR ��o�s — BEFORE THE ZONING HEARING BOARD OF WEST PENNSBORO TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA In re: Application of: Docket No. 2006 -22 Grant Marshall Lawman Construction Application for Variance from Section 407 A ` Regarding front yard setback FINDINGS OF FACT 1. The Applicant is the owner of Lot #4, Penn Noll subdivision, known as 169 Kerrs Road, Carlisle, PA 17015. 2. The Applicant's property is zoned agricultural. 3. Applicant began construction of a residence on the lot and-staked out the footers based upon the setbacks listed on the approved plan (forty feet). The current setbacks are sixty:feet. 4. The foundation of the home encroaches into the front yard setback by one foot eight inches. 5. The township directed that construction be hafted at the property in question pending resolution of the setback,encroachment and the applicant complied with the townships�directive to cease building. 6. A hearing was held in this matter on November 22, 2006 at 6:00 p.m. at the West .Pennsboro Township Municipal Building with all notices given in accordance with Pennsylvania law. PLAINTIFF'S WIBIT Z W a I WEST PENNSBORO TOWNSHIP ZONING HEARING BOARD Joh Madden, Chairman .f Jerrald Hollowell, Member ANY PERSON AGGRIEVED BY THE DECISION OF THE WEST PENNSBORO TOWNSHIP ZONING HEARING BOARD MAY APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. THE APPEAL MUST BE FILED WITHIN 30 DAYS FROM THE DATE OF THE SIGNING OF THESE FINDINGS OF FACT AND CONCLUSIONS OF LAW. NO CONSTRUCTION MAY BEGIN UNTIL A BUILDING PERMIT IS ISSUED. APPLICANT SHALL ABIDE BY ALL FEDERAL, STATE AND LOCAL LAWS AND ORDINANCES PERTAINING TO PERMISSIONS GRANTED BY THIS DECISION. APPLICANT SHALL PROCEED PURSUANT TO THIS DECISION AND IN ACCORDANCE WITH THE TESTIMONY AND EXHIBITS PRESENTED AT THE HEARING. • e - ■ Sup erior w a li t M 55 Advanced Lane iddleburg, PA 17842 �► Add bete 1 -800- 521 -3788 Fax (570) 837 -1182 January 24, 2013 Mr. Phil McCarthy 169 Kerrs Road Carlisle, PA 17015 Dear Phil, Per your request our serviceman was to your home on January 22, 2013 to inspect your Superior Walls foundation. Following are his findings and recommendations. • No 2x6 end wall bracing • Joist not nailed to sill plate • Several panels have moved and will need to be repositioned. Recommendations for repairs- • Excavator on site to remove backfill the day the walls will be repositioned. Have on site 2B stone for backfill after the walls are in position. • Repositioning of the wails - Advanced Concrete Systems, Inc. • Caulking of walls - Advanced Concrete Systems, Inc. • Materials on site and the blocking and bracing installed when walls are back into position — Owner /Contractor Should you have any further questions, please feel free to call. I will contact you in the spring to arrange a time to proceed. Sincerely, } LA V �/ Ginger B er Service Department 7 PLAINTIFF'S ErIBIT a P1 :::.:::t►o. BUILDING.GRO.UP Formal Proposal March 08, 2013 Submitted to: Submitted by: Phil McCarthy Epic Building Group 169 Kerrs Rd. 75 Spring Lane Road Carlisle, Pa 17015 Dillsburg, Pa 17019 Home: (7I7) 776 -1 133 Business: (717) 432 -8105 Mobile: (757) 719 -0544 Mobile: (717) 777 -1204 Fax: (717) 432 -7051 *The contractor shall provide all necessary labor and materials to perform all work in this proposal. (Unless specified otherwise.) Scope Of Work Excavation General Project Contents EXCAVATION -Dig out all fill on front wall, wall to Iett, and rear wall. (Superior walls to push back into place. - Remove front porch railing and posts and temporarily prop roof with temporary posts. - Remove 21'x8' front porch and 20'x12' rear deck framing and decking and replace with new pressure treated framing and composite decking. - Remove 21' front sidewalk and re -pour new sidewalk at completion of project. - Disconnect heat pump and store for duration of project. - Remove 5'x5' concrete pad for beat pump and re -pour new pad at completion of excavation. - Backfill along house with excavated dirt. - Grade, Seed, and Straw yard where needed. *Refer to page 39 of superior walls handbook for proper backfill schedule.* WALL FASTENING - Install. (2) 2x6x8 on front and back wall to stop any further movement. - Fasten all floor joists to top plate of wall. - Install proper blocking in 2 end joist bays and fasten. *Refer to page 26 -27 of superior walls handbook for proper fastening schedule.* Sub -Total is $71,548.75 Project Cost is $71,548.75 PLAINTIFF'S EXHIBIT *This proposal is valid for (30) days. * *Down payment of 30% is due upon acceptance of this proposal. (Unless otherwise stated.) ACCEPTANCE OF PROPOSAL The prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined in this contract. Signature Date: Signature Date: Page 2 of 2 ............................... .......... ........ ............................ . Bennett's Backyard Estimate 800 Bentzel Road Lewisberry, PA 17339 1- 888 - 774 -4205 ryan@bennettsbackyard.com bennettsbackyard.com Name 1 Address �� BACKYARD Phillip McCarthy LANDSCAPE CONTRACTOR 169 Kerrs Road Carlisle PA 17015 Date Estimate # 2119/2013 2312 Project Description Qty U/M Rate Total Yard Repair and Sod Installation Sod - Zoysia Grass 8,000 sqft 0.44 3,520.00T Delivery Charge 600.00 600.00 Pallet Charge 20 ea 10.00 200.00T Starter Fertilizer (501b) i ea 76.99 76.99T Unscreened Topsoil 2 TriAx 379.80 759.60T Equipment and Labor 1 7,620.00 7,620.00 SUBTOTAL 12,776.59 Flower Bed (Rear) - Dig out existing, burlap, replant for temporary storage, replant in new bed Labor - Transplant - Arborvitae 'Emerald Green' 6 -7' 6 ea 156.225 937.35 Labor - Transplant - Pieris 2 ea 130.00 260.00 Labor - Transplant - Black Dyed Mulch 2 Yds. 37.99 75.98 Labor - Transplant - Maple 1 ea 175.00 175.00 Labor - Mulch Spreading 2 Yds. 49.50 99.00 Labor - Bed Edging 1 65.00 65.00 Biotone Root Starter - 25 lb. bag 1 Bag 38.99 38.99T SUBTOTAL 1,651.32 Flower Bed (Front) - Dig out existing, burlap, replant for temporary storage, replant in new bed Labor - Transplant Multiple Perennials (conellowers, sedum, etc) 1 ea 275.00 275.00 Labor- Transplant - Gold Thread Cypress Mop 2 ea 180.00 360.00 Labor - Transplant - Alberta Spruce 2 ea 130.00 260.00 Labor - Transplant - Juniper'Blue Star' 3 45.00 135.00 Labor - Azalea 1 ea 75.00 75.00 Labor - Black Dyed Mulch 6 Yds. 37.99 227.94 Subtotal Sales Tax (6.0 %) Total PLAINTIFF'S Page 1 EXHIBIT 0 Z W a v Bennett's Backyard Estimate 800 Bentzel Road Lewisberry, PA 17339 1 -888- 774 -4205 ryan a bennettsbackyard.com Name /Address BACKYARD Phillip McCarthy LANDSCAPE CONTRACTOR 169 Kerrs Road Carlisle PA 17015 Date Estimate # 2/1912013 2312 Project Description Qty U/M Rate Total Labor - Mulch Spreading 6 Yds. 49.50 297.00 Labor - Bed Edging 65.00 65.00 Biotone Root Starter - 25 lb. bag 2 Bag 38.99 77.98T Juniper Wichita 1 ea 300.00 300.00 p SUBTOTAL 2,072.92 , Side Island Bed Maiden Grass'Moming Light' 6 ea 18.20 1.0T Labor - Planting 2 -3 Gallon b ea 20. 12200.000 Fountain Grass'Hamcln' - 3 Gallon 1 ea 15.66 0 .0T Labor - Transplant - Birch 1 ea 330.20 33300.000 Labor - Transplant - Arborvitae 'Emerald Green' 1 ea 155.23 156.23 2 ea 165.00 330.00 Labor - Transplant - 1linoki Cypress 4 Yds. 37.99 IS].9bT Black Dyed Mulch 4 Yds. 49.50 198.00 Labor - Mulch Spreading Labor - Repair Rock border, dry creek bed, reinstate boulders 1 390.00 390.00 Labor - Bed Edging 65.00 65.00 SUBTOTAL 1,865.99 Paver Removal and Reinstallation Separation Fabric 1 ea 108.60 108.60T Base Stone 4.5 Ton 21.09111 94.91T Bedding sand for walls and patios 1 Ton 28.80 28,80T Paver Edge Restraint 8 ca 12.90 103.20T Edge Restraint Spikes - 10" (Box) 2 ea 70.95 141.90T Disposal of Debris 3 90.00 270.00 Equipment and Labor - Remove Existing Slabs 1 260.00 260.00 Labor - Excavation 1 1,290.00 1,290.00 Subtotal Sales Tax (6.0 %) Total Page 2 Bennett's Backyard Estimate 800 Bentzel Road Lewisberry, PA 17339 1- 888 - 774 -4205 ryanQnbennettsbackyard.com Name !Address PBACKYARD Phillip McCarthy LANDSCAPE CONTRAC 169 Kerrs Road Carlisle PA 17015 Date Estimate # 2/19/2013 2312 Project Description Qty U/M Rate Total Labor - Geotextile Installation 1 520.00 520.00 Labor - Base Installation 1 1,258.00 1,258.00 Labor - Paver, Edge Restraint, Polymeric Sand Installation 1 1,040.00 1,040.00 SUBTOTAL 5,115.41 Subtotal $23,482.23 Sales Tax (6.0 %) $325.66 Total $23,807.89 Page 3 MIDDLE.-DEPARTMENT INSPECTION AGENCY, INC. APP. D1 :� e Flo APPLICATION A�+E�� APPLICATION FOR 011MOM INSPECTION APPLICANT. PLEASE PRINT, FIRMLY. Pe Date Municipality � � 17 � r 11J� . unty State Lot /.' Street Address ?..- CC ed Zip Owner if _Occupant Occupied AS Q f Authorized Agent Ph # Applicant's . ppfiaant read an agrees to terms an condrtrons on reverse ' Signature Type of Work - ❑ New ❑ ADDITION [] REMODEL 7/A ' Licar - # ) ryp - e of Construction (IBC Chap. 6) - ii ❑ A ; B Ilk❑ A ❑ B - Applicant's Address 111 ❑ AD B N: 0 V: ❑ A ❑ .. B RECE City : State Zip Code use_& Occupancy Class. (IBC Chap. 3) __ .. F'hptJe # .. _. Fire Suppression System YES- NO M - 0 3 7M E LIST ALL BELOW: .. . H OURS CALL 24 - •• TO INSPECTION ., Roof .. _.. New Coruction Sq _�_. . Ft. Other Fence nst " RehoVatioris, Alterations Sp. Ft. t5ebk - .Demolition •. - Fre - lace P Shed 1.6 Ground _.. _.. _ _...... V/ooi)buming Stove M, - # bedrooms _ vnmmm Pools - - Above Ground ` Code Date insp. irtittals and # Approved Rejectec COMMERCIAL-- :_-•-- .-- - -:- � -.. _. __ ..._.. _ - - - - - .. ;_. . Fee Plan Review A. : New constnic8on sp. ft. :Footing 8. Renovations sq. ft.. - Foundation C. ? Swimming Poof _._... Framing p- llidustraatiied/rtiantlfactured buiidin -- - -' ' - -" g Insuliition E. Other _... .. _ Wallboard REStpEf 1TIAt • . _.. _;.._ `<.. --- -.. ..... Final F $ M �t ...._ Other G Af lkift dwelling _.- L F r_�itii€cs S , D ,1 ulfi farrt(I '# ._... RA tached accessory structure m Tr tvi. F466lieview tifted i Date $ Muniapality Applicant Contractor tender Owner Fee Paid Q - E TIFF'S 7104 Green Office Cppy. - Pink - Inspector Copy, Yellow - Municipal Copy . MIDDLE DEPARTMENT INSPECTION AGENCY, INC. App. 38 - 4 �7 No.: �(��' lS��r/lf M"CTI AGE� APPLICATI ® IV ®R BUILDING INSPECTION 81 APPLICANT. PLEASE PRINT FIRMLY._ Permit Date Municipality �� County State Lot Street Address Zip Owner �— f Occupant qq Occupied As 1 ` AuthonzedAgent Phone # Applicant's. Applicant as rea an agrees to terms an conditions on revers IAN 0 3 702 Signature T)Te pe of Work ❑NEW ❑ ADDITION ❑ REMODEL _ Lice se # of Construction (IBC Chap. 6) - 1: ❑ A ❑�, ..Applicant's Ac1iiress 111: ❑ A ❑ R IV: ❑ V:❑ A❑ IJ t City State Zip Code Use & Occupancy Class. (IBC Chap. 3) - JAN i Z Bhoiie Fire Suppression:System - YES ❑ NO CALL 24 HOURS PRIOR TO INSPECTION x New Coristructiiiri Sta. Ff. Fence Roof er Renovation "s; tilteraCroris Sq. Ft. Deck D emolition _ ; fl 7T 1111 1 9- 797 Firepiabi3 Shed In Ground Swimming Pools _ *6 . 'in Stove „0 bUrra g SFD - wb#drooms - Above Ground Code Date Insp. "initials and # Approved Rejected 'COMMERCIAL' Fee Plan Review A. ` - "Mew co'nsthiction sq. ft. Footing �UQ lei /a B. un Renovations sq. ft. Foundation t C.'" Swlriming�ool Framing D: Intl %Iiz6drr anu%ctured building Insulation E.. `016e1 .. .... Wallboard RESIDENTIAL Final - 7z7 42 F. - industrialized Housing Other G. Single "family dwelling H." Swiiriming'Pobl I. T6Wnhouses/condos # units J. Multi - family'# units {. Detachbd accessory structure Other J. Plan Review Notified /Date $ # Municipality' Applicant Contractor Lender Owner -ee Paid ❑ ma PLAINTIFF'S EXHIBIT 7/04 Green - Office Copy Pink - Inspector Copy. Yellow - Municipal Copy 9 a a Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY (c.0004.^ 70bA�P // �� ���� � APR ^ . ^ �' �- " CUMBERLAND � COUNTY PENNSYLVANIA Philip A McCarthy vs, Lawmen Construction LLC (et al.) Case Number 2014-1820 SHERIFF'S RETURN OF SERVICE 03/31/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Advanced Concrete Systems, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Snyder, Pennsylvania to serve the within Complaint & Notice according to law. 0401/2014 06:02 PM - Deputy Dennis Fry, be/ngdu|yswonnoncovdingto(avv. served the requested Complaint & Notice by "personaily" handing a true copy to a person representing themselves to be the Defendant, to wit: Grant Marshal) at 149 Kerrs Road, West Pennsboro, Cadio|e, PA 17015. DENN[S FRY, DEPU 0401/2014 06:02 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Grant Marshall, part owner, who accepted as "Adult Person in Charge" for Lawmen Construction LLC at 149 Kerrs Road, West Pennsboro Township, Cadia|e, PA 17015. 04/02/2014 11:40 AM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Wayne We er, Manager, who accepted as "Adult Person in Charge" for Middle Department Inspection Agen at ^^01 Hortzda|aDhve. Lower Allen, Camp Hill, PA17O11. A CLINE, DEPUTY 04/04/2014 01:25 PM - The requested Complaint & Notice served by the Sheriff of Snyder County upon Ella Easker, Receptionist, who accepted for Advanced Concrete Systems, Inc., at 55 Advanced Lane, Middleburg, PA 17842. Joseph S. Reigle, Jr., Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $109.22 SO ANSWERS, April 08, 2014 tic) CountySuite Sheriff, Teleosoft, RONNYR ANDERSON, SHERIFF SAVED DISK # 14 -1820 MISC. DKT. BOOK # 43 PAGE # 29 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHILIP A. MCCARTHY and NO: 14 -1820 MARCH J. DOUGLAS NOTICE AND COMPLAINT VS LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b /a MARSHALL ENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC. and ADVANCED CONCRETE SYSTEMS, INC. AFFIDAVIT OF SERVICE AND NOW, April 4, 2014, I, Lewis F. Briggs, 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 Advanced Concrete Systems, inc., named defendant, on April 4, 2014, at 1:25 P.M., at 55 Advanced Lane, Middleburg, Snyder County, Pennsylvania; by personally handing to Ella Tasker, Receptionist a true and correct copy of the above described Notice and Complaint and that I made known to Ella Tasker the contents of the same. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDER COUNTY, PA. DEP TY LEWIS F. BRIGGS COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: SWORN 0 AND SUBS . RIBED' . EFORE ME THI DAY OF f �,;, 201 ..f _ s� COM w `r�s,'E4UH OF PENNSYLVA(ytA vOTARIAL SEAL CATHERINE A REID MIDDLEBURgNblic BORotary O.Pu, SNYDER COUNTY My Commission Expires Jul 29. 2017 DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $18.00 Mileage 5.00 Postage 2.00 Notary 5.00 Deposit: $ 75.00 TOTAL: $ 30.00 Receipt # 15571 Refund: $ 45.00 Check # 9949 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # PHILIP A. MCCARTHY and MARCY J. DOUGLASS V. LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b/a MARSHALL ENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC. And ADVANCED CONCRETE SYSTEMS, INC. TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14-1820 - Civil ENTRY OF APPEARANCE R3 Kindly enter my appearance on behalf of Defendant, Middle Department Inspection Agency, Inc., with regard to the above-captioned matter. By: Date: O'CONNOR KIMBALL LLP Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendant, Middle Department Inspection Agency, Inc. CERTIFICATE OF SERVICE I, Michael P. O'Connor, Esquire, hereby certify that a true and correct copy of the within Entry of Appearance was served this day upon the following via e-mail: Attorney for Plaintiffs Shawn M. Stottlemyer, Esquire Mooney & Associates 2 S. Hanover Street Carlisle, PA 17013 (717) 243-4770 sms@mooney4law.com By: Date: O'CONNOR KIMBALL LLP Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendant, Middle Department Inspection Agency, Inc. F:\FILES \Clients \13539 Lawmen Construction, LLC \13539.2 \13539.2.pol.wpd Revised: 4/21/14 1:55PM 1.:, THE PJiO i HONG l iii David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLERZ Iii APR 21 PM 1: 10 MARTSON LAW OFFICES I.D. 41722 CUMBERLAND Y PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendants Lawmen Construction, LLC Grant Marshall d/b /a Marshall Engineering PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 -1820 : CIVIL ACTION - LAW LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b /a MARSHALL : ENGINEERING, MIDDLE DEPARTMENT: INSPECTION AGENCY, INC. and ADVANCED CONCRETE SYSTEMS, INC.: Defendants PRELIMINARY OBJECTIONS TO: PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs, and their attorney, SHAWN M. STOTTLEMYER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendants Lawmen Construction, LLC and Grant Marshall d/b /a Marshall Engineering, and file the following Preliminary Objections: Preliminary Objection Pursuant to Pa. R.C.P. 1028 (a) (4) (Demurrer) on behalf of Grant Marshall d /b /a Marshall Engineering. 1. Plaintiffs have attempted impermissibly to include Grant Marshall d/b /a Marshall Engineering as a party to the instant action. 2. Plaintiffs have not and cannot allege any contractual privity with Marshall Engineering. 3. Plaintiffs' Complaint does not and cannot allege a single fact establishing Grant Marshall d /b /a Marshall Engineering as an appropriate party to the suit at bar; all averments directed towards Marshall being based solely upon conclusions of law without any basis in well - pleaded fact. WHEREFORE, for the reasons above stated, Defendants Lawmen Construction LLC and Grant Marshall d/b /a Marshall Engineering pray that this Honorable Court will enter an Order dismissing with prejudice the portions of the suit against Grant Marshall d /b /a Marshall Engineering and all Counts directed toward Grant Marshall, individually, or d/b /a Marshall Engineering with prejudice, together with such other relief as the Court deems just and reasonable under the circumstances. Preliminary Objection Pursuant to Pa. R.C.P. 1028 (a) (4) (Demurrer) on Behalf of Lawmen Construction regarding Count V: Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law 4. Plaintiffs' Count V is framed as a claim for violation of the Pennsylvania Consumer Protection Law and cannot be maintained either under the circumstances of this case or the manner in which it is pleaded by Plaintiffs. 5. Plaintiffs' first allegation of violation under the UTPCPL under Section 201 -2(6) is misstated and inapplicable relating to goods indicated as original or new; such conclusions alleged by the Plaintiffs in their pleading being materially inconsistent with the facts alleged in their Complaint. 6. Plaintiffs' Complaint fails to allege, because they cannot, any action undertaken by Defendant Lawmen with regard to the installation of the Superior Walls' foundation was knowingly improper or undertaken regardless of such knowledge with the intent to harm Plaintiffs. 7. Plaintiffs' claim under Section 201 -2 (xxi) enumerating a claim under the "catch -all" provision of the UTPCPL also must fail because Plaintiffs have not and cannot specifically allege facts supporting the conclusury allegations of deceptive or fraudulent conduct either within the allegations of their Complaint or the events that actually transpired during the course of construction on the property. WHEREFORE, for the reasons above stated, Defendant Lawmen Construction LLC prays that this Honorable Court will enter an Order dismissing with prejudice Count V of the Complaint, together with such other relief as the Court deems just and reasonable under the circumstances. MARTSON LAW O . ES By David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Defendants Lawmen Construction, LLC Grant Marshall d/b /a Marshall Engineering Date: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102. Shawn M. Stottlemyer, Esquire Mooney & Associates 2 South Hanover Street Carlisle, PA 17013 Advanced Concrete Systems, Inc. 55 Advanced Lane Middleburg, PA 17872 MARTSON LAW OFFICES By Dated: 4Z///y �,�►� /�l'I4 / Trivia D. - c , enroad Ten East High Street Carlisle, PA 17013 (717) 243 -3341 R. JAMES REYNOLDS, JR., ESQUIRE Pa. Supreme Court I.D. No. 10252 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Direct Dial: (717) 760-7505 Facsimile: (717) 975-8124 E-Mail: jreynolds@margolisedelstein.com ' • r 1,7 fiu)(1I0 23 PP! 2: S CLitlEfi COUNT`i' PEN NtlYliPtil Defendant 20144 R Advanced Concrete Systems, Inc. PHILIP A. MCCARTHY AND MARCY J. DOUGLASS, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 14-1820 LAWMEN CONSTRUCTION, LLC, GRANT MARSHALL D/B/A MARSHALL ENGINEERING, MIDDLE : DEPARTMENT INSPECTION AGENCY, INC., AND ADVANCED CONCRETE : SYSTEMS, INC., : CIVIL ACTION-LAW DEFENDANTS PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of Defendant Advanced Concrete Systems, Inc. in the above-captioned matter. Date: ka R. t ES RE • ', JR. PA Attorney ID No. 10252 Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-760-7505 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 07,91 day 'Dr / 2014, served a true and correct copy of the foregoing Praecipe to Enter Appearance upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Shawn M. Stottlemyer, Esquire Mooney & Associates 2 South Hanover Street Carlisle, PA 17013 (Attorney for Plaintiffs) Michael P. O'Connor, Esquire O'Connor Kimball Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 (Attorney for Defendant Middle Department Inspection Agency, Inc.) David A. Fitzsimons, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 (Attorney for Defendants Lawmen Construction, LLC and Grant Marshall d/b/a Marshall Engineering) MARGOLIS EDELSTEIN M:\mdir\1 Penn Nationah21500.4-00060 McCarthy v. Lawmen Construction \PleadingsTOA.4-22-14.wpd THE F'R'O ! ;ONOitii`x' 2.014 HAY -9 Pjf 3: 29 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILIP A. MCCARTHY and MARCY J. DOUGLASS Plaintiffs vs. LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b/a MARSHALL ENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC, and ADVANCED CONCRETE SYSTEMS, INC. �Lf CIVIL ACTION -LAW ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiffs, Philip A McCarthy and Marcy J. Douglas by and through their attorneys, Mooney & Associates, by Shawn M. Stottlemyer, Esquire, and files the within Answer To Defendants Lawmen Construction, LLC and Grant Marshall d/b/a Marshall Engineering Preliminary Objections, wherein the following is a statement, to wit: ANSWER 1. This statement constitutes a conclusion of law to which no response is required. 2. Denied. By way of further answer contractual privity is not a required element of negligence or breach of implied warranty. An architect who plans construction work is under a duty to exercise ordinary care for the protection of any person who foreseeably and with reasonable certainty could be injured by his failure to do so, even though such injury occurred after his work had been accepted by the person engaging his services. When the consequences of Page 1 of 3 1 negligence can reasonably be foreseen, liability does not depend upon privity of contract. 3. Specifically denied. This statement constitutes a conclusion of law to which no response is required. By way of further answer, Plaintiffs have alleged that Grant Marshall d/b/a Marshall Engineering was the engineer who designed the plans for the construction of the home, obtained the permits and the variances associated with the home, and at all times oversaw the construction of the home and that the home was built in accordance with the plans and specifications issued by Grant Marshall. 4. Admitted in part and denied in part. Plaintiffs admit that Count V alleges a violation of Pennsylvania Consumer Protection Law. The rest of the statement constitutes a conclusion of law to which no response is required. 5. This statement constitutes a conclusion of law to which no response is required. 6. Denied. Plaintiffs' complaint alleges Defendant Lawmen, despite having detailed instructions for Superior Walls installation, left the unsecured Superior Walls exposed for an unacceptable period of time, backfilled the walls without proper support and improperly secured the walls to the home itself 7. Denied. Plaintiffs' complaint alleges that Defendant's actions were deceptive and fraudulent in that they failed to inform Plaintiffs that during the Superior Walls installation construction was halted while Defendant secured the necessary permits and a setback variance. During this time, the unsecured Superior Walls were left exposed for an unacceptable period of time and the walls were backfilled without proper support, despite Defendant knowing that this was contrary to the instructions in the installation handbook. Page 2 of 3 WHEREFORE, Plaintiffs respectfully request this Honorable Court dismiss Defendants preliminary objections with prejudice. Respectfully submitted, MOONEY & ASSOCIATES Shawn M. Stottlemyer, Esquire Attorney for Plaintiffs I.D. # 312794 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 Page 3 of 3 CERTIFICATE OF SERVICE I, Shawn M. Stottlemyer, Esquire, attorney for the above Plaintiffs, hereby certify that on this 9th day of May, 2014, I have forwarded a copy of the Answer to Defendant Lawmen Construction, LLC and Defendant Grant Marshall d/b/a Marshall Engineering Preliminary Objections, in the above -captioned action to the following individual by regular U.S. Mail as set forth below: David A. Fitzsimmons, Esquire Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 R. James Reynolds, Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Respectfully submitted, MOONEY & ASSOCIATES Shawn M. tott emyer, Esquire Attorney for Plaintiffs I.D. # 312794 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Lawmen Construction, LLC Grant Marshall d/b/a Marshall Engineering flLi Dfi--0F F j0: THE PR0THONO iARY 20114 NOV _5 PH 2:01 CUMBERLAND COUNTY PENNSYLVANIA PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-1820 : CIVIL ACTION - LAW LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b/a MARSHALL : ENGINEERING, MIDDLE DEPARTMENT: INSPECTION AGENCY, INC. and ADVANCED CONCRETE SYSTEMS, INC.: Defendants MOTION FOR A STATUS CONFERENCE AND NOW, comes Defendants, Lawmen Construction, LLC, Grant Marshall d/b/a Marshall Engineering by and through their attorneys, MARTSON LAW OFFICES, and in support of their Motion for a Status Conference avers as follows: 1. A Complaint was filed in this matter on March 28, 2014. 2. Preliminary Objections on behalf of Defendants Lawmen Construction, LLC, Grant Marshall d/b/a Marshall Engineering are pending, but are not yet listed. 3. Agreement between counsel have placed the responses of Defendant Middle Department Inspection Agency and Defendant Advanced Concrete Systems, Inc., on hold. 4. Plaintiffs have recently advised that they wish to proceed with substantial repairs to their home. 5. Petitioners respectfully request in accordance with the Local Rules that this Honorable Court schedule a status conference to have a case management order entered, and in particular, to explore the opportunity to enter negotiations, possibly through mediation. 6. Counsel for the parties have been provided copies of this Motion ten (10) days prior to its filing, and their concurrence is given. 7. To date, there has not been a judge assigned to this case. WHEREFORE, Petitioners, Lawmen Construction, LLC, Grant Marshall d/b/a Marshall Engineering request that the court schedule a Status Conference. MARTSON LAW OFFICES David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Defendants Lawmen Construction, LLC Grant Marshall d/b/a Marshall Engineering Date:06v' ) i I CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Status Conference was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Shawn M. Stottlemyer, Esquire Mooney & Associates 2 South Hanover Street Carlisle, PA 17013 Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 R. James Reynolds, Jr., Esquire MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 MARTSON LAW OFFICES TriciD. Ec nroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated:01)46 koJ y F :WILES \Clients\ 13539 Lawmen Construction, LLC \ 13539,2\ 13539.2.motion for status conference.wpd Revised: 11/4/14 3:I9PM PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014-1820 : CIVIL ACTION - LAW LAWMEN CONSTRUCTION LLC, GRANT MARSHALL d/b/a MARSHALL : ENGINEERING, MIDDLE DEPARTMENT: INSPECTION AGENCY, INC. and ADVANCED CONCRETE SYSTEMS, INC.: Defendants ORDER AND NOW, NOW, this Aday of nat-194,...atir , 2014, upon request of counsel, a StatusConferenceConference regarding the above matter is scheduled for 2014, at q 0 A .m., in the Chambers of the undersigned. Cc: -vid A. Fitzsimons, Esquire Aichael P. O'Connor, Esquire . James Reynolds, Jr., Esquire 4/Shawn M. Stottlemyer, Esquire CO I CS if -LI -I'LL ii/1/32-Pgi BY THE COURT, \FILES\Clients\13539 Lawmen Construction, LLC\13539.2\I 3539.2.motion for status conference.wpd Revised: 12/18/14 15:18 PM PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014-1820 CIVIL ACTION - LAW LAWMEN CONSTRUCTION LLC, : GRANT MARSHALL d/b/a MARSHALLENGINEERING, MIDDLE DEPARTMENT INSPECTION AGENCY, INC. and : ADVANCED CONCRETE SYSTEMS, INC. Defendants ORDER AND NOW, this 17th day of December, 2014, a Scheduling Conference having been requested by defense counsel and conducted in Chambers; Counsel for Defendants have confirmed their respective clients' willingness to share the cost of an attempt at a mediated settlement of the action; It appearing that an attempt at mediation in or around January 2015 will not procedurally delay the action, but may lead to meaningful options for a mutually advantageous resolution of the case; It is hereby Ordered that any party shall within 45 days after the date of this Order have the option to request that the Court again convene counsel to set a specific schedule for adjudication of the case. In the interim, the parties, with the encouragement and approval of the Court should engage in an attempt to schedule mediation to explore resolution of the case. Cc: ' David A. Fitzsimons, Esquire ichael P. O'Connor, Esquire R. James Reynolds, Jr., Esquire awn M. Stottlemyer, Esquire , (12.§-t /a%IQ//( BY THE COURT, k\k, \o - M. L. Ebert, Jr., J.