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HomeMy WebLinkAbout14-6399 Supreme CO» o Pennsylvania Cou r otCdin o leas For Prothonotary Use Only; C11 i1JCOve Sh +wt Docket No: County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S l Complaint 0 Writ of Summons Petition E ] Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Ann Wetmore Traditions of America, 1_P Dollar Amount Requested: Owithin arbitration limits Are money damages requested? ,X Yes 0 No a (check one) loutside arbitration limits N Is this a Class Action Suit? 0 Yes G1 No Is this an MDJAppeal? Yes El No A Name of Plaintiff/Appellant's Attorney: Peter M.Good, Esquire,and Joseph S. Swartz, Esquire 0 Check Isere 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 R Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 10 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation 0 Premises Liability Cl Statutory Appeal:Other S 0 Product Liability(does not include E mass tort} 0 Employment Dispute: 0 Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board T 0 Other: I 0 Other: o MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS [� Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations I Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental El Partition '-i Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: E] Other Professional: Updated 1/1/2011 Caldwell& Kearns,P.C. Peter M. Good,Esquire I.D.No. 64316 3631 North Front Street Joseph S. Swartz,Esquire I.D.No.314878 Harrisburg,PA 17110 pgood@CKLegal.net/jswartz@CKLegal.net (717)232-7661 /(717)232-2766(fax) Attorneys for Plaintiffs ANN WETMORE AND IN THE COURT OF COMMON PLEAS EDWARD WETMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, ; 7- V. TRADITIONS OF AMERICA, LP, and : ov t `r;`~w xr TOA PA VII, LP, JURY TRIAL DEMANDED w w rCD. Defendants. CIVIL ACTION—LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 0 a�,J 0115--IS* a 0�' to YL?V6 R# 3( 3w? ANN WETMORE AND IN THE COURT OF COMMON PLEAS EDWARD WETMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. TRADITIONS OF AMERICA, LP, and TOA PA VII, LP, JURY TRIAL DEMANDED Defendants. CIVIL ACTION—LAW AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en Ia demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Caldwell&Kearns,P.C. Peter M. Good,Esquire I.D.No. 64316 3631 North Front Street Joseph S. Swartz,Esquire I.D.No. 314878 Harrisburg,PA 17110 pgood@CKLegal.net/jswartz@CKLegal.net (717)232-7661 /(717)232-2766(fax) Attorneys for Plaintiffs ANN WETMORE AND : IN THE COURT OF COMMON PLEAS EDWARD WETMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. TRADITIONS OF AMERICA, LP, and TOA PA VII, LP, Defendants, CIVIL ACTION—LAW COMPLAINT Plaintiffs, Ann Wetmore and Edward Wetmore, by and through their attorneys, Caldwell & Kearns, P.C., file the following Complaint against Traditions of America, LP and TOA PA VII, LP, and in support thereof aver as follows: Parties 1. Plaintiffs, Ann Wetmore (hereinafter "Ann") and Edward Wetmore (hereinafter "Ed") (hereinafter collectively "Plaintiffs"), are married adult individuals residing at 3609 Horsham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Traditions of America, LP, is a Pennsylvania limited partnership with a registered business address of 201 King of Prussia Road, Suite 370, Radnor, Delaware County, Pennsylvania 19087. 3. Defendant, TOA PA VII, LP is a Pennsylvania limited partnership with a registered business address of 1 Saucon View Drive, Bethlehem, Northampton County, Pennsylvania 18015. 4. Defendant Traditions of America, LP, and Defendant TOA PA VII, LP, are hereinafter collectively referred to as "Defendants." Venue 5. Venue is proper in Cumberland County pursuant to Pa.R.C.P. 2130 because the transaction or occurrence out of which Plaintiffs' cause of action arose took place in Cumberland County. Facts 6. This action arises out of an agreement of sale for new construction (hereinafter the "Agreement") between Plaintiffs and Defendants. A true and correct copy of the Agreement is attached hereto as Exhibit"A" and incorporated herein by reference. 7. Plaintiffs' first contact with Defendants was in late September 2012, when Ann attended an open house at Defendants' Silver Springs development in Mechanicsburg, Pennsylvania. 8. On or about September 30, 2012, Plaintiffs walked through the model homes at the Silver Springs development and were provided a base pricing sheet for all models and a standard options list without prices shown. 9. The next week, Plaintiffs walked through the Hancock model home and began identifying the options they wanted to consider. 10. The next day, on October 7, 2012, an employee and agent of Defendants, Amanda Francis (hereinafter "Francis"), created a marked-up floor plan of the Hancock model home, which she purported would be used to provide Plaintiffs with pricing of the options. A true and correct copy of Francis' marked-up floor plan is attached hereto as Exhibit "B" and incorporated herein by reference. 11. In an email dated October 26, 2012, Francis outlined the costs of the options that Plaintiffs selected and indicated at the bottom that'the "total pricing with all of your Incentives, Home Assist Bonus Plus your Referral Bonus & Half Off Option Incentive * $336,333." A true and correct copy of the October 26, 2012 email is attached hereto as Exhibit "C" and incorporated herein by reference. 12. Plaintiffs discussed some revisions to the list of options with Francis, who confirmed these revisions in an email dated October 28, 2012, indicating a revised total price of $338,380.00. A true and correct copy of the October 28, 2012 email is attached hereto as Exhibit "D" and incorporated herein by reference. 13. Later in the afternoon on October 28, 2012, while Plaintiffs were at Defendants' design center at the Silver Springs development, Francis asked Plaintiffs to stop by her office to sign a few papers before they left, explaining that the prices of the homes were going up and that Plaintiffs needed to sign an agreement of sale in order to guarantee the price of the home they had discussed up to this point. 14. Plaintiffs signed the Agreement and gave Defendants $16,495.00 as "Earnest Money." 15. When asked directly by Plaintiffs whether any additional funds beyond the $16,495.00 deposit denoted on the Agreement as "due at signing" would be required prior to settlement, Francis indicated that no other funds would be necessary. 16. The space titled."Options Deposit — Due at Signing" in the Agreement was left blank. 17. Defendants provided Plaintiffs with an estimate of Plaintiffs' expected closing costs (hereinafter "Estimate"), which is attached hereto as Exhibit "E" and incorporated herein by reference. 18. The Estimate, signed by Francis, indicated that $307,257.45 would be needed at closing. 19. The Estimate indicated that there were "Total Costs" of$323,752.45. 20. The Estimate apparently did not include the cost of the options which were to be selected, a fact which was never disclosed to Plaintiffs. 21. The Estimate and Francis' representations led Plaintiffs to believe that the total cost pursuant to the Agreement would be $323,752.45, and that only $307,257.45 would be required at settlement. 22. The week after signing the Agreement, Ann was told by Defendants' receptionist ("Renee") that they were supposed to have provided a deposit of 25% of the cost of their chosen options, a fact which was not explained to Plaintiffs as they were rushed into signing the Agreement,purportedly in order to avoid a price increase. 23. On or about November 21, 2012, while Plaintiffs were reviewing designs at Defendants' place of business, Francis informed Plaintiffs that additional fees would be necessary to move forward with the custom home design. 24. Specifically, Francis indicated that Defendants would require $2,000.00 for the custom design work and $375.00 for an appraisal fee. 25. When questioned by Plaintiffs about prior discussions relating to additional fees required prior to settlement, Francis indicated that these two fees should cover the rest; Francis never mentioned the 25% option deposit called for in the Agreement. 26. Based upon Francis' representations on November 21, 2013, Plaintiffs issued two checks to Defendants in the amounts of$2,000.00 and $375.00. 27. On or about February 14, 2013, due to delays in the design process, Plaintiffs agreed to extend the settlement date. 28. On February 15, 2013, Defendants sent Plaintiffs a list of design prices as discussed (hereinafter "List of Options"), which was reviewed by Plaintiffs the next day. A true and correct copy of the List of Options is attached hereto as Exhibit "F" and incorporated herein by reference. 29. The List of Options indicated a total sales price of$390,225.28, over $50,000.00 more than Francis' October 28, 2012 estimate as indicated in Exhibit"D." 30. The List of Options included prices that were different than those quoted by Francis in Exhibits "C" and "D," and included options that were not included or chosen by Plaintiffs. 31. A revised list of option prices (hereinafter "Revised List") was provided to Plaintiffs on or about February 19, 2013, which indicated a total sale price of $371,871.21, a price still over $30,000.00 more than Francis' October 28, 2012 estimate as indicated in Exhibit "C." A true and correct copy of the Revised List is attached hereto as Exhibit "G" and incorporated herein by reference. 32. The Revised List also included inflated prices and options which were not chosen by Plaintiffs. 33. Considering the delay in providing design and option pricing and the fact that Defendants were not providing Plaintiffs with an estimate commensurate with what they were led to believe would be the cost of the options they selected, on or about the weekend of February 23, 2013, Plaintiffs contacted Francis and requested a refund of all funds paid to date and cancellation of the Agreement. 34. On March 6, 2013, Ed spoke with Nathan Jameson (hereinafter "Jameson"), regarding the request for return of deposit money and funds paid to date. 35. In the interest of being fair, Ed informed Jameson that Plaintiffs would agree to forego the $2,000.00 charge that was used to pay to prepare blueprints, but reiterated his request for the remaining funds paid to date. 36. In response, Jameson offered Plaintiffs $4,000.00 in exchange for a general release. 37. Plaintiffs provided Defendants with written notice of cancellation on April 15, 2013. A true and correct copy of emails evidencing Plaintiffs' cancellation and Defendants' acknowledgement of receipt of such cancellation is attached hereto as Exhibit "H" and incorporated herein by reference. 38. Around that same time, Ed visited some of Defendants' model homes to see whether option lists or option prices were being posted since the subject dispute began. 39. After several more discussions regarding settlement of Plaintiffs' claims, Mr. Jameson eventually wrote to Plaintiffs stating that if they visit any of Defendants' model homes unaccompanied by Defendants' staff in the future, it would be considered trespassing and that the police would be called to remove them from the property. 40. Despite repeated demands, Defendants have failed and refused and continue to fail and refuse to return or refund the amounts paid by Plaintiffs. 41. Plaintiffs paid Defendants $16,495.00 in earnest money, $2,000.00 for "custom design work," and $375.00 for an appraisal to be performed, for a total of$18,870.00 in money paid by Plaintiffs to Defendants. COUNTI—FRAUD 42. Plaintiffs incorporate paragraphs 1 through 41 as though fully set forth herein. 43. Defendants, by and through their agents, misrepresented the estimated price of options to be provided as outlined in Exhibits "C" and "D." 44. Defendants, by and through their agents, misrepresented to Plaintiffs that the "Total Cost" for their home would be $323,752.45, as outlined in Exhibit"E." 1 45. It is believed and therefore averred that Defendants' October 28, 2012 statement, by and through its agents, that the price for the subject property would go up soon unless Plaintiffs signed the Agreement on that date, was false and intended to induce Plaintiffs to enter into the agreement before they received a firm estimate for the cost of their selected options. 46. Defendants, by and through their agents, specifically stated that no additional funds would be necessary prior to settlement when asked about the $2,000.00 design fee and $375.00 appraisal fee, despite the fact that Defendants knew that they would require a 25% options deposit prior to settlement. 47. Defendants intended that Plaintiffs would be induced to act by the above misrepresentations, specifically by agreeing to sign the Agreement in order to lock in the price, providing a$16,495.00 deposit, and expending additional funds in furtherance of the Agreement. 48. Plaintiffs were justified in relying upon Defendants' representations in executing the Agreement and making additional payments in furtherance thereof. 49. Plaintiffs have experienced damages in the amount of$18,870.00 as a proximate result of their reliance upon Defendants' misrepresentations, and have incurred legal fees in order to assert their rights. WHEREFORE, Plaintiffs, Ann Wetmore and Edward Wetmore, respectfully request that this Honorable Court grant judgment in their favor and against Defendants, Traditions of America, LP, and TOA PA VII, LP, in the amount of$18,870.00, together with costs and attorney's fees as deemed appropriate by the Court. COUNT II—UNJUST ENRICHMENT 50. Plaintiffs incorporate paragraphs I through 49 as though fully set forth herein. 51. By paying the deposits, fees and costs enumerated above, amounting to $18,870.00, Plaintiffs conferred benefits upon Defendants. 52. Defendants have appreciated the benefits conferred upon them by Plaintiffs. 53. Defendants have accepted and retained the benefits conferred upon them by Plaintiffs. 54. Under these circumstances, it would be inequitable for Defendants to retain said benefits. WHEREFORE, Plaintiffs, Ann Wetmore and Edward Wetmore, respectfully request that this Honorable Court grant judgment in their favor and against Defendants,Traditions of America, LP, and TOA PA VII, LP, in the amount of$18,870.00, with costs and attorney's fees as deemed appropriate by the Court. COUNT III—UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. §201-1 et seq. 55. Plaintiffs incorporate paragraphs 1 through 54 as though fully set forth herein. 56. The pricing estimates provided to Plaintiffs on October 26 and 28, 2012, were deceptive, in that the estimates were much lower than the actual cost of the options selected by Plaintiffs. 57. The pricing estimates provided to Plaintiffs on October 26 and 28, 2012 caused Plaintiffs harm, in that they justifiably relied upon the estimates in deciding whether to execute the Agreement, making their deposit and all funds expended in preparation of the home design non-refundable. 58. The representation by Defendants to Plaintiffs that, after the payment of the design and appraisal fees, no additional funds would be necessary prior to settlement was deceptive, in that Defendants intended to require Plaintiffs to make a deposit on the options they selected prior to settlement. 59. The representation by Defendants to Plaintiffs that no additional funds would be necessary prior to settlement caused harm to Plaintiffs, in that they justifiably relied upon the reassurances of Defendants' agent in agreeing to pay an additional $2,000.00 for a design fee and $375.00 for an appraisal fee. 60. The lists of options attached hereto as Exhibits "C" and "D"contained false or misleading statements concerning the reasons for, existence of or amounts of price reductions, as evidenced by the discrepancies between the amounts listed in Exhibits "C" and "D" compared to the amounts listed in Exhibits "F" and "G." 61. Defendants engaged in fraudulent and deceptive conduct, as described above, which created a likelihood of confusion and misunderstanding on the part of Plaintiffs. 62. The misrepresentations outlined above were deceptive and caused harm to Plaintiffs, forcing them to hire legal counsel to assert their rights and incur legal fees as a result. 63. The Agreement concerned the sale of goods and services primarily for household use, in that it was for the sale and construction of Plaintiffs' personal residence. 64. Plaintiffs have suffered approximately$18,870.00 in actual damages as a result of Defendants' actions, inactions, omissions, misrepresentations and other conduct outlined above, in addition to costs and attorney's fees. 65. Defendants' actions, inactions, omissions, misrepresentations and other conduct outlined above are malicious, wanton, willful, oppressive, outrageous and egregious, and Defendants exhibit a reckless indifference to Plaintiffs' rights. WHEREFORE, Plaintiffs, Ann Wetmore and Edward Wetmore, respectfully request that this Honorable Court grant judgment in their favor and against Defendants, Traditions of America, LP, and TOA PA VII, LP, in the amount of triple their actual damages, $56,610.00, together with costs and attorney's fees as deemed appropriate by the Court. Respectfully submitted, CALDWELL & KEAR S, P.C. Dated: November 3, 2014 By: Peter M. Good, Esquire I.D. #64316 Joseph S. Swartz, Esquire I.D. 4314878 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 / (717) 232-2766 FAX pgood@CKLegal.net/jswartz@CKLegal.net Attorneys for Plaintiffs Ann Wetmore and Edward Wetmore 14512-001-036/FL*16406 VERIFICATION I,Ann Wetmore, verify that the averments in this Complaint are.true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. 4904, relating to unsworn falsification to authorities. Date Ann Wetmore VERIFICATION I, Edward.Wetmore, verify that the averments in this Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. �'Aa Date Edward Wetmore �� ! l AGREEMENT OF SALE HOMEAssist On this 28th day of October , 2012, the Purchaser and the Declarant, as such terms are defined below, by their signature, hereby agree to the terms and conditions contained in this Agreement of Sale (the "Agreement"). 1. Basic Information and Certain Defined Terms. BY THEIR SIGNATURE AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS : CONTAINED HEREIN AND INTENDING TO BE LEGALLY BOUND HEREBY, THE PARTIES AGREE AS FOLLOWS: PROPERTY PURCHASED PRICING Location 38 at Traditions of America at Silver Base Home Price $309,900.00 Spring Condominium(the Second Floor N/A "Condominium") Basement N/A Address 83 Presidents Dr. Mechanicsburg PA Location Premium $20,000.00 17050 Total Base Price $329,900.00 Description Hancock one story slab on grade right drive-way Additions: Structural Options PURCHASER 1• $ 0.00 Name Edward A. Wetmore and 2• $ 0.00 Ann M. Wetmore 3. $ 0..00 Address 3609 Horsham Dr.Mechanicsburg PA Total Gross Price $329,900.00 17050 Adjustments: Telephone 717-512-6373 1. Home Assist Credit $(10,000.00) Cell 717-724-7291 2. Referral Bonus $(2,000.00) Fax N/A 3. '/2 off options up to E-mail ewetmore@bkwllc.com 30K SS # awetmore@wkwllc.com - 1d- {�GTotal Adjustments $ 12,000.00 t$ Total Purchase Price $317,900.00 Existing 3609 Horsham Dr.Mechanicsburg PA Home 17050 Earnest Money—Due at $16,495.00 Signing DECLARANT Deposit on Account $(1,000.00) Name TOA PAVII , LP Options Deposit—Due at Address 15 Presidents Dr. Mechanicsburg Signing PA 17050 Total Due at Signing $15,495.00 Telephone 717-766-9557 Due at Settlement $301,405.00 Fax 717-766-9559 E-mail Afrancis traditionsofamerica.com SETTLEMENT Estimated Settlement Date 6/30/13 Homestart Signoff Date Design Signoff Date 1/30/12 r I hereby elect the following (check the one that applies): „ n�,,�� yTBD I would like Traditions Closing Services, L.P. to provide title insurance, settlement services �(I� and other closing services as described in Section 7. ` TBD I would like Wells Fargo Bank,N.A. to provide mortgage services as described in Section 7• Initials,�/,P'/A(N�,THE AGE(S) OF THE RESIDENT(S)/OCCUPANT(S) WILL AFFECT THE LEGAL`RIGHT TO OCCUPY THE UNIT. BY YOUR INITIALS,YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ SECTION 18 AND UNDERSTAND THAT AT LEAST 80 PERCENT OF THE HOMES AT THE CONDOMINIUM ARE INTENDED PRIMARILY FOR THE HOUSING OF PERSONS 55 YEARS OF AGE OR OLDER AND PERSONS UNDER THE AGE OF 19 ARE PROHIBITED FROM RESIDING IN THE UNIT. YOU FURTHER UNDERSTAND OCCUPANTS WILL BE REQUIRED TO SHOW AGE VERIFICATION AT SETTLEMENT, ON AN ANNUAL BASIS AND AS OTHERWISE PROSCRIBED BY THE FAIR HOUSING ACT. PURCHASERS DECLARANT - TOA PA VII , L.P. Edward A. Wetmore By th thorized Party of the Ge er Ann M. Wetmore [AGREEMENT CONTINUED ON NEXT PAGE] TERMS AND CONDITIONS 2. Sale. (a) Declarant agrees to sell to Purchaser and Purchaser agrees to purchase from Declarant the Unit pursuant to Exhibit A, and an appurtenant undivided proportionate ownership interest equal to the Percentage Interest in the Common Elements, as described in the Declaration. (b) Each Unit's Initial Appurtenant"Percentage Interest" in Common Elements shall be determined by the Declaration for the Condominium, (as amended from time to time, the "Declaration"), which Declaration shall be in accordance with the provisions of the Pennsylvania Uniform Condominium Act, 68 PA. C.S. §3101 et. seq. (the "Act" (c) At"Settlement"Purchaser is obligated to pay the balance of the Purchase Price and other sums described herein and the Declarant is obligated to convey title to the Unit(s)to Purchaser. The"Settlement Date"is that date on which the Settlement is to occur as described in this Agreement. (d) The Unit shall be constructed substantially in accordance with the Plats and Plans and the Declarant Work Specifications on Exhibit A. Purchaser agrees the Unit and Building may be modified, improved or changed from time to time in compliance with Declarant's design standards and that the deviations are customary in the construction industry and are occasioned by expediency, practicability and availability of materials or products if the materials or products so substituted are substantially equal or superior in quality to the materials or products specified. Declarant shall have the right to make minor changes in the dimensions of any portion of the Condominium and to substitute substantially equivalent materials for any of the same set forth in any sales or other documents and to make such modifications or substitutions as may be required by any governmental authorities asserting jurisdiction_over the Condominium,or any construction or permanent lender or as may be reasonably necessary. (e) Declarant has no obligation to make any improvement, modification or addition to the Unit unless Declarant and Purchaser have signed an Amendment for the work and Purchaser has paid Declarant for such options and customizing work over the base Purchase Price. Declarant may refuse, it its discretion, a request for options or customizing work. Purchaser is not permitted to have any work completed by any third party prior to Settlement. (f) All renderings, brochures and other sales materials provided by Declarant and the conditions, improvements and furnishings in any model units are for illustrative purposes only and shall not be construed as a representation or deemed to be binding on Declarant. Furniture, wallcoverings, furnishings or the like as shown in or about any model unit are for display purposes only and are not considered a part of such unit for the purposes of this Agreement. Each Model Home has a disclosure in the home with the upgrades and additions in that model. In addition,upon request, Declarant will furnish a list of extra options in each model home. Further,the location of wall switches,thermostats, chases,plumbing, electrical outlets and similar items may vary from unit to unit and may not be as shown in any model unit. Any floor plans, sketches or sales drawings shown to Purchaser other than those which are a part of the Plans or the Public Offering Statement are for display purposes only and may not be exactly duplicated. The Unit is being sold unfurnished and will contain only the appliances and equipment installed at the time of inspection of the Unit by Purchaser. Any scale model of the project is only an artist's conception and is subject to change. 3. Condominium Documents. (a) Purchaser acknowledges having received and reviewed a copy of Declarant's current Public Offering Statement, including all attachments and exhibits, comprised of the Declaration (including the Plats and Plans), the Bylaws, Public Offering Statement and the Rules and Regulations (collectively, the "Condominium Documents") for the Condominium. Purchaser agrees to be bound by and comply with the terms and conditions of the Condominium Documents from and after the completion of the Settlement hereunder,which agreement shall survive such Settlement. All other capitalized terms not defined herein shall have the same meanings as they are given in either or both of the Declaration and the Act. 4. Price and Terms. (a) Upon execution of this Agreement, Purchaser has paid by immediately available funds cash, the amount set forth in Section 1 as Earnest Money. Purchaser agrees to pay the Balance Due at Settlement on the Settlement Date by cashier's check, title company check or wire of immediately available funds to an account designated by ' Declarant. There shall be no interest accrued on the Deposit for the benefit of Seller. The Earnest Money and the Design Deposit are hereinafter referred to as the Deposit. (b) The Earnest Money shall be held in an escrow account at a local FDIC insured bank controlled set up by Declarant until consummation or termination of this Agreement,pursuant to the Pennsylvania Uniform Condominium Act. 5. Possession and Title. (a) Possession of the Units shall be given at Settlement by delivery of a special warranty deed conveying the title to the Units as described in subparagraph (b) below. Purchaser's membership in the Association shall commence automatically upon the completion of the Settlement without any further documentation required. (b) Title to the Units shall be good and marketable or insurable as such, with the benefit of and subject to the rights, covenants,benefits,restrictions and title exceptions set forth in: (i)the Condominium Documents; (ii)the title exceptions which are an exhibit to the Public Offering Statement, incorporated herein by reference and made a part hereof (the "Title Exceptions"); (iii) easements and agreements with entity companies and governmental agencies and authorities; (iv) liens or other matters insured over by the title insurer at Declarant's cost; (v) restrictions, conditions and easements existing or created by Declarant at or prior to Settlement and reasonably customary and appropriate for the development by the Declarant of the Condominium; and (vi) applicable zoning and building laws and ordinances. In the event that there are any mechanics' liens claimed as a result of Seller's construction activities or due to Seller's actions or inactions, Seller shall indemnify and hold Buyer harmless from and against any and all mechanics'lien claims. (c) If Purchaser consists of husband and wife, title to the Units shall be conveyed to such persons as tenants by the entireties, unless otherwise specifically stated in Section 1. If the Units to be purchased are to be conveyed to more than one individual, and such individuals are not husband and wife, the Units shall be deeded to such individuals as tenants in common in equal shares,unless otherwise specifically stated in Section 1. (d) Subject only to the Special Warranty contained in the deed to the Units and the warranties described in Section 11 hereof,and to the completion of any insubstantial Declarant Work remaining to be performed in or on the Units (exclusive of the Percentage Interest) as permitted by the terms hereof, the acceptance by Purchaser of the deed to the Units shall constitute a complete release and discharge of all warranties, obligations and liabilities of Declarant to Purchaser, expressed or implied with respect to: (i) the construction of the Units and the Common Elements; (ii)any injury, loss or damage to the Purchaser,to the Units, or to the Common Elements resulting from any cause whatsoever;and(iii)all of the covenants and obligations of Declarant herein contained. 6. Time of Settlement,Finishing Work. (a) The time and place of Settlement shall be as selected by Declarant by giving at least ten (10) days' notice thereof to Purchasers. The Unit shall have a certificate of occupancy and shall be substantially complete subject only to completion of minor finishing, adjustment of equipment, and other minor construction aspects. If grading, seeding, driveways, and walkways cannot be completed prior to Settlement due to inclement weather, Settlement shall nonetheless take place in accordance with the terms hereof, and Declarant's only obligation shall be to complete same at such time after Settlement as weather and reasonable scheduling permit. Purchaser agrees that Declarant will not escrow funds, at time of Settlement, for any reason. If a lender requires escrows, it will be Purchasers'responsibility. (b) Declarant presently estimates (but does not represent or warrant) that Settlement shall occur on the Estimated Settlement Date. If Declarant fails to complete its work and schedule Settlement by the Estimated Settlement Date for any reason, whether or not within Declarant's control, Declarant shall not be subject to any liability to Purchaser. Except as otherwise expressly set forth herein, Declarant's failure to complete its work and schedule Settlement by the Estimated Settlement Date shall not in any respect affect the validity or continuance of this Agreement or any obligation of Purchaser hereunder. (c) Purchaser may terminate this Agreement by notice thereof to Declarant within ten (10) days after the failure of Settlement to be held within six (6) months after the Settlement Date, as its sole remedy for any delay; provided, however, if Declarant is not prepared to complete Settlement within two (2) years after the date hereof, Purchaser may cancel and seek any remedy available at law or in equity, but Declarant's damages of any kind and for any loss or expense in such event shall not exceed in the aggregate a sum equal to the amount of the Earnest Money. 7. Settlement. (a) Nothing contained in this Agreement shall be construed as requiring Purchaser to use any title insurance company recommended by,Declarant. The owners and investors in the partnership interests of Declarant are also partial owners in the partnership interests of TRADITIONS CLOSING SERVICES, L.P. and receive financial benefits from the ownership. You are NOT required to use TRADITIONS CLOSING SERVICES,LP as a condition to purchasing the subject property. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. The above signed certifies that he/she has read this disclosure, and understands that Declarant is referring me/us to TRADITIONS CLOSING SERVICES, LP. and will receive a financial or other benefit as the result of this referral. YOU UNDERSTAND THAT YOU ARE FREE TO CHOOSE ANY TITLE COMPANY OR SETTLEMENT SERVICE PROVIDER. (b) If Purchaser chooses Traditions Closing Services, L.P., 207 N. 19th Street, Allentown, PA 18104, Attn: William Kulp, Traditions Closing Services,L.P. will provide, at Purchaser's cost, an Owner's Title Insurance Policy issued(the "Title Insurer")in the full amount of the Purchase Price subject only to the matters set forth herein and acts done or suffered by Purchaser (including, with respect to the Owner's Title Insurance Policy, Purchaser's mortgage). The Owner's Title Insurance Policy shall be furnished upon completion of Settlement. In the event of a defect in Declarant's title, so that a reputable title insurer selected by Purchaser is not prepared to issue its Owner's Title Insurance Policy, Declarant may, at its option, adjourn the Settlement to a Date not more than sixty (60) days after the Settlement Date. If, after using reasonable efforts to do so,Declarant is unable to clear such defect prior to the extended Settlement Date,this Agreement, at Purchaser's option and as its sole and exclusive remedy(exercised by written notice to Declarant within ten(10) days after the expiration of said sixty (60) day period) shall become null and void and all funds paid by Purchaser to Declarant shall be returned to Purchaser. In the absence of such notice, Purchaser shall be deemed to have accepted the status of title and shall be obligated to complete Settlement within five(5)days after the expiration of said ten(10) day period. At Settlement,Declarant shall deliver the deed and pay all costs incurred for clearing Declarant's title and 50%of applicable realty transfer taxes. Declarant hereby also warrants and represents that: (i) the residential use of the Unit is in compliance with the zoning laws and ordinances pertaining thereto; and (ii) as of the date of the Agreement there are no outstanding notices of any uncorrected violations of the applicable housing, building, plumbing, electrical, safety or fire ordinances applicable to the Unit that will not be cured prior to the Settlement Date. (c) At Settlement,Purchaser shall pay the Balance Due at Settlement and the following costs: (i)deed and mortgage recordation and conveyancing charges; (ii) 50% of applicable realty transfer taxes; (iii) the premium for any title insurance obtained by or for Purchaser including, but not limited to, the cost of any mortgagee's title insurance policy; (iv)all costs imposed by Purchaser's mortgage lender(if any);and(v) an amount equal to three(3) months installments of the Declarant's initial estimate of monthly assessments for Common Expenses for the Unit pursuant to the Declaration, which payment shall be in addition to Purchaser's regular monthly assessment for Common Expenses: The payment described in clause (v) of the immediately preceding sentence shall be paid directly to the Association, shall be non-refundable and shall provide working capital for the Association to be used by the Association when needed,and for such purposes as the Executive Board may determine. Notwithstanding the foregoing sentence, if Declarant has already paid to the Association the amount described in clause (v) of the first sentence of this subparagraph(d),the payment described in clause(v)of the first sentence of this subparagraph shall be paid to Declarant. (d) Declarant does not receive any compensation if you use Wells Fargo to purchase your home. You are NOT required to use WELLS FARGO BANK, N.A. as a condition to purchasing the subject property. THERE ARE OTHER MORTGAGE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. (e) Declarant and Purchaser shall apportion the following items at Settlement: (1) Current real estate taxes and all other governmental assessments,if any,(each of which is hereinafter called a"Governmental Charge")against the Units that are payable directly by Unit Owners rather than by the Association, and any other items customarily prorated shall be apportioned as of the Settlement Date and Purchaser shall reimburse Declarant at Settlement for the portion thereof applicable to the Units and theretofore paid by Declarant. In the event that at the time of Settlement the Units have not been billed separately from the balance of the Real Estate for any Governmental Charges against the Real Estate,the amount thereof to be prorated shall be determined by multiplying the amount of such Governmental charges by the Units'Percentage Interests. Real Estate taxes shall be prorated on the basis of the last ascertainable bill and reprorated when the actual bill is presented (even if such reproration shall occur after the Settlement Date). (2) The amount of Common Expenses assessed against the Units for the calendar month during which the Settlement hereunder takes place,if any,shall be apportioned between Declarant and Purchaser on a per diem basis as of the Settlement Date and Purchaser shall reimburse Declarant at the Settlement for the portions thereof that are allocable to the portion of the month commencing on the Settlement Date and that theretofore have been paid by Declarant. Such payment by Purchaser shall constitute Purchaser's share of the Common Expenses for the calendar month during which the Settlement hereunder takes place. (f) In the event that Purchaser is delinquent in completing Settlement,and Declarant does not elect the remedy as set forth in Section 8(c)hereof,but elects instead to extend the Settlement Date to a date certain(the "Extended Settlement Date"),Purchaser shall pay to Declarant,at the time Declarant grants such extension,an extension fee in the amount of$100.00 per day for each day of such extension,which shall not be held in escrow, shall not be applied to the Purchase Price,and shall not be refundable. In addition,all adjustments shall be as of the Settlement Date and not the date the sale actually closes. In the event Purchaser fails to close the sale on the Extended Settlement Date,Declarant shall have the remedies set forth in Section 8(c)hereof. 8. Defaults. (a) Tender of deed or Purchase Price shall not be necessary where the other party has defaulted.Time is of the essence of this Agreement. (b) Each of the following shall be a default by Purchaser hereunder: (i)recordation by Purchaser of this Agreement or any memorandum thereof; (ii) Purchaser's failure to appear at the time and place as stated in the notice of the Settlement Date; (iii) Purchaser's failure to complete the Settlement hereunder in accordance with the terms of this Agreement; or (iv) Purchaser's refusal to carry out any other obligations of the Purchaser under the terms of this Agreement and any supplemental agreement. (c) If Purchaser shall be in default hereunder,then, at Declarant's election(as Declarant's sole remedy)all Deposits (with interest earned thereon) and other sums theretofore paid by Purchaser with respect to the Unit shall be forfeited as liquidated damages and shall be paid to or retained by Declarant, and this Agreement shall then automatically be null and void. (d) In the event: (i) Declarant shall fail or be unable to deliver title to the Units as herein provided on account of title defects which Purchaser is unwilling to waive; (ii) Declarant notifies Purchaser that Declarant is unable to complete Settlement hereunder notwithstanding Declarant's good faith efforts to do so;or(iii)Declarant is otherwise in default hereunder,then this Agreement shall automatically be null and void, and all Deposits(including interest earned thereon,if any)shall be returned forthwith to Purchaser as Purchaser's sole and exclusive remedy. (e) Notwithstanding the incorporation of the provisions of the Public Offering Statement into this Agreement, Purchaser shall be entitled only to those remedies granted by the Act for one or more violations of the Act by reason of the information contained in the Public Offering Statement or information which the Act requires to be included in the Public Offering Statement but which is not so included. Unless the Act otherwise provides,the failure of Declarant to comply with all of the requirements of the Act with respect to the Public Offering Statement shall not be deemed a default under this Agreement nor shall such failure in any way affect Purchaser's obligation to complete Settlement hereunder. (f) Purchaser and Declarant agree that all disputes which before or after the Settlement arise or maintain unresolved between the parties, shall be resolved by binding arbitration in accordance with 42 Pa. Cons. Stat. §7301, et seg. and the Commercial Rules of the American Arbitration Association, as in effect on the date of the recordation of the Declaration. The decision of the arbitrator shall be final and the arbitrator shall have authority to award attorneys' fees and allocate the costs of arbitration as part of any final award. In the event the parties cannot agree on the selection of the arbitrator,the parties shall submit the dispute to the American Arbitration Association, which shall select the arbitrator. Notwithstanding the foregoing, if Declarant provides a warranty to the Purchaser, either directly or through a third party,the terms,provisions,procedures and requirements of that warranty must first be followed and completely exhausted before Purchaser can pursue any claim for arbitration described herein. t�1,lJi !'1 (g) Purchaser hereby acknowledges and agrees that the Association shall not be entitled or obligated to institute any legal action against the Declarant on behalf of any or all of the Unit Owners which is based on any alleged defect in any Unit or any damage allegedly sustained by any Unit Owner by reason thereof, but rather,that all such actions shall be instituted only by the Person(s)owning such Units or allegedly sustaining such damage. (h) The provisions of subparagraph(f)and(g)shall survive Settlement and delivery of the deed. 9. Assignment. Purchaser shall neither transfer nor assign this Agreement or any interest herein without the prior written consent of Declarant, which Declarant may withhold for any reason or for no reason whatsoever. Declarant may assign its rights hereunder and, if such assignment shall be for the purpose of securing a lender to Declarant,Purchaser's rights hereunder shall,at the option of such lender,be subject and subordinate to the rights of such lender. Upon foreclosure or deed in lieu thereof, such lender may terminate this Agreement, whereupon the Earnest Money shall be returned to Purchaser, and Declarant, such lender and Purchaser shall be released from any further liability or obligation hereunder. Subject to these limitations, this Agreement shall be binding upon and extend to the respective heirs, executors, administrators, and personal representatives, successors and assigns of the parties hereto. 10.Brokers. Purchaser warrants that no broker, sales person or any other party, other than Declarant's sales staff, was instrumental in submitting, showing or selling the Units to Purchaser. Purchaser agrees to indemnify and hold harmless the Declarant from and against the claims of any and all brokers and other intermediaries claiming to be acting on behalf of Purchaser in connection with the sale of the Unit. Declarant will pay fees and commissions payable to a broker only if and in the manner set forth in a separate, written agreement between broker and Declarant executed prior to this Agreement and attached as an Amendment to this Agreement. 11. Warranties. (a) As used in this Section 11, "structural defects" means those defects in components consisting of any Units or Common Element which reduce the stability or safety of the structure below accepted standards or restrict the normal intended use of all or part of the structure and which require repair, renovation, restoration or replacement. Nothing in this Section shall be construed to make the Declarant responsible for any items of maintenance relating to the Units or Common Elements. (b) Declarant warrants that there are no structural defects in the Units or the Common Elements. (c) No action to enforce any warranty created by this Article 11 shall be commenced later than six years after the warranty begins. The duration of the foregoing warranties shall be two (2) years beginning, as to a Unit, upon conveyance of the Unit by Declarant and, as to the Common Elements, upon the later of completion of the Common Element or the time the first Unit in the Condominium is conveyed by Declarant. (d) THE FOREGOING WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND HABITABILITY. DECLARANT NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR DECLARANT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE UNITS SOLD HEREUNDER, AND THERE ARE NO AGREEMENTS OR WARRANTIES, EITHER ORAL OR WRITTEN,COLLATERAL TO OR AFFECTING THIS AGREEMENT. (e) DECLARANT SPECIFICALLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NEITHER MAKES NOR ADOPTS ANY WARRANTY, EXPRESSED OR IMPLIED,AS TO THE ITEMS OF PERSONAL PROPERTY BEING SOLD TO PURCHASER PURSUANT TO THIS AGREEMENT (OR AS TO ANY "CONSUMER PRODUCT," AS SUCH TERM IS DEFINED IN 15 U.S.C. §2301(l), WHICH MAY BE CONTAINED IN THE UNIT), EXCEPT THAT NO DISCLAIMER IS INTENDED AS TO ANY WARRANTY REQUIRED TO BE MADE BY DECLARANT UNDER APPLICABLE FEDERAL, STATE OR MUNICIPAL STATUTES, REGULATIONS OR ORDINANCES. WHERE NEW CONSUMER PRODUCTS ARE COVERED BY A MANUFACTURER'S WARRANTY, DECLARANT SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION ll, PROVIDE WARRANTIES OF NO GREATER SCOPE NOR DURATION THAN THAT GRANTED BY SUCH MANUFACTURER'S WARRANTY. (f) The warranties set forth herein shall not apply if the defective part of the Units or of the Common Elements has been subjected to misuse or damage by accident or has not been afforded reasonable care. The liability of Declarant under this warranty or for negligence or other breach of this Agreement is limited to replacing or repairing any defective parts or materials which do not comply with this warranty and in no event shall such liability exceed the replacement cost of the Units. In no event shall Declarant be liable to Purchaser for consequential damages arising from any breach of this warranty or for the negligence of Declarant or other breach of this Agreement by Declarant. Declarant shall have the sole right to determine whether the defect shall be corrected by repair or replacement, and Purchaser shall make every reasonable effort to make the Units, together with reasonable access thereto,available to Declarant and its agents and invitees during normal business hours in order to permit such repair or replacement to be made. (g) No claim arising out of any of the foregoing warranties may be brought unless,prior to the expiration of the warranty periods set forth above,Purchaser shall have delivered notice to Declarant of all alleged breaches of these warranties that would give rise to such a claim. (h) Declarant's maximum liability for breach of any warranty under this Agreement or under the law is limited to replacing or repairing any defective parts or materials which do not comply with such warranty. In no event shall such liability to Purchaser exceed the Purchase Price. Seller shall not be liable to Purchaser for special or consequential damages or personal injuries arising from any breach of these warranties or any other breach of this Agreement by Declarant. Declarant shall have the sole right to determine whether the defect shall be corrected by repair or replacement. Purchaser shall make every reasonable effort to make the Unit, together with reasonable access thereto, available to Declarant and its agents and invitees during normal business hours in order to permit such repair or replacement to be made. 12.Condemnation or Destruction. (a) As between Declarant and Purchaser,risk of loss or damage to the Units between the date of this Agreement and the time of delivery of the deed to the Units is assumed by Declarant. (b) In the event that a Unit or such portion of the Common Elements as is reasonably necessary for safe and comfortable access to a Unit is destroyed or materially damaged or taken by eminent domain proceedings prior to the Settlement Date,Declarant may,as its option,by notice to Purchaser within thirty(30)days following such destruction or material damage, cancel this Agreement,in which event the Deposit with interest earned thereon shall be refunded to Purchaser. Declarant's liability in such event shall be limited to the return of the Deposit. If Declarant does not elect to terminate this Agreement as aforesaid,then Purchaser shall not be relieved of his/her duties hereunder,unless the damaged or destroyed portions of the Building are not restored to the condition they were in prior to the damage or destruction,or the Building,after such taking,is not restored to its full utility and use within one(1)year from the date of such damage or destruction,or taking,as the case may be,in which event Purchaser shall have the right to terminate this Agreement by notice to Declarant within thirty(30)days after expiration of said one(1)year period. In the event of such taking or destruction,if Declarant and/or Purchaser do not elect to cancel this Agreement pursuant to this Section 15,the Settlement Date shall be delayed until the completion of repairs or restoration of the Unit. For the purposes of this Section 15,damage or destruction to a Unit shall be "material" if a reasonable estimate of the cost of repair thereof shall exceed an amount equal to one-half of the Purchase Price of the Unit and damage or destruction to the Common Elements shall be "material" if a reasonable estimate of the cost of repair thereof shall exceed$100,000. If"damage or destruction" occurs which is not"material" as defined in this section,Declarant shall repair the damage or destruction not later than the Settlement Date and Declarant may delay the Settlement Date to accomplish same. 13. Entire Agreement. (a) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever that are not herein referred to or expressly incorporated by reference. Any agreement hereafter made shall be ineffective to change, modify, discharge or effect an abandonment of this Agreement in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of the change, modification, discharge or abandonment is sought. All amendments, supplements or riders hereto, if any, shall be in writing and executed by both parties. (b) THERE ARE NO COLLATERAL UNDERSTANDINGS, REPRESENTATIONS OR AGREEMENTS OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN OR IN THE PUBLIC OFFERING STATEMENT,NO SALESPERSON,EMPLOYEE OR AGENT OF THE DECLARANT HAS THE AUTHORITY TO MODIFY THE TERMS HEREOF, OR HAS ANY AUTHORITY WHATSOEVER TO MAKE ANY REFERENCE, REPRESENTATION OR AGREEMENT NOT CONTAINED IN THIS AGREEMENT OR THE PUBLIC OFFERING STATEMENT AND ONLY THOSE CONTAINED HEREIN AND IN THE PUBLIC OFFERING STATEMENT SHALL BE BINDING UPON DECLARANT,OR SHALL GRANT ANY RIGHTS TO PURCHASER OR IN ANY WAY AFFECT THE VALIDITY OF THIS AGREEMENT OR FORM ANY PART HEREOF. PURCHASER ACKNOWLEDGES THAT, OTHER THAN EXPRESSLY STATED HEREIN AND IN THE PUBLIC OFFERING STATEMENT, NO REPRESENTATIONS HAVE BEEN MADE BY DECLARANT, ITS AGENTS OR EMPLOYEES, IN ORDER TO INDUCE PURCHASER TO ENTER INTO THIS AGREEMENT OF SALE. PURCHASER ACKNOWLEDGES THAT ANY INFORMATION RECEIVED BY IT FROM DECLARANT OR DECLARANT'S PARTNERS, AGENTS OR EMPLOYEES RELATING TO CARRYING COST,TAX BENEFITS OF OWNERSHIP, OR OTHERWISE WAS OFFERED AS AN ESTIMATE ONLY AND PURCHASER DECLARES THAT PURCHASER DID NOT RELY THEREON IN ENTERING INTO THIS AGREEMENT. 14.Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania,including the choice of law rules thereof A defined term shall be deemed to include all derivatives thereof,unless a contrary intent is expressed. 15.Notices. All notices,demands,requests and approvals that may or are required to be given by either party hereto to the other shall be in writing and shall be deemed to have been sufficiently given if deposited in the United States Mail,registered or certified,return receipt requested,with all postal charges prepaid, and addressed to the addresses stated in Item I of the Schedule(the Home Address for Purchaser)or to such other address as such party may have fixed by written notice given pursuant to this Section 18. Notices mailed as aforesaid shall be deemed received three(3)business days after the date of mailing thereof. 16. Severability;Merger. The invalidity of any provision of this Agreement shall not affect the validity or enforceability of any other provision set forth herein. The terms hereof shall be merged into and extinguished by delivery of the deed at Settlement except for Sections 5(d),7(c),7(e), 10, 11, 14, 18, 19 and 20 which shall survive delivery of the deed and shall not be merged therein. 17.Master Insurance Policy. If not delivered to the Purchaser prior thereto,on the Settlement Date,Declarant shall deliver to Purchaser an insurance certificate disclosing the types and amounts of Association insurance in force. 18.Occupancy.-IMPORTANT NOTICE-AGE RESTRICTED ASSOCIATION (a) This notice is to inform you that the age(s) of the resident(s)/occupant(s)will affect the legal right to occupy the home you are seeking to purchase. Occupancy of at least 80 percent of the homes at the Condominium are intended primarily for the housing of persons 55 years of age or older,although persons over the age of 19 years old are not restricted from living in a home as long as it is in accordance regulations set forth in the Declaration and the Condominium Documents. (b) At settlement you are required to sign a Certification of Occupancy confirming the name(s)and age(s) of the occupant(s) of the home you are purchasing. You will also be required to show proof of the age(s) of the occupants of the home in compliance with the terms of the Declaration,the Condominium Documents, and the Fair Housing Act. Finally,the Association may require a recertification of the age(s)of the occupant(s)for the homes in the Association on an annual basis. (c) Purchaser acknowledges that AT LEAST 80% OF THE UNITS WITHIN THE CONDOMINIUM ARE PRESENTLY INTENDED FOR OCCUPANCY BY PERSONS 55 YEARS OF AGE OR OLDER. Purchaser further acknowledges that,with limited exceptions,the Declaration currently requires each occupied Unit to have, as a permanent resident therein, at least one person who is age 55 or older and prohibits occupancy by any person under the age of 19. Purchaser agrees to provide with execution of this Agreement and again at Settlement, evidence acceptable to Declarant of the names and ages of the intended occupants of the Unit and to execute at Settlement an affidavit, in such form as Declarant may request, affirming that such occupancy will be in compliance with this occupancy restriction. Notwithstanding this, Purchaser acknowledges that the Declaration may be amended and that any such amendment could eliminate these age restrictions or modify the restrictions on occupancy to permit occupancy by families with young children without Purchaser's consent. e,W. �,� 19.Radon. In the event that collection of radon gas is found at levels that are above the permitted limit within one year from the settlement of the Home, Seller shall take reasonable measures to mitigate the gas by installing a collection system. After one year from the completion of the Home, Purchasers recognize that any collection of radon gas will be Purchasers' sole responsibility and the provisions for ventilation therefore shall be at Purchasers' sole cost without any liability on the part of the Declarant. 20.Mold. Mold is found in both the indoor and outdoor environment,including homes. Mold growth is highly dependent on the presence of moisture. When a mold spore comes into contact with a wet or damp surface indoors, the mold begins to grow. Mold spores will not grow unless there is moisture present in the Unit. Therefore, as homeowners, whether or not Purchasers experience mold growth depends to a large extent on how Purchasers maintain the Home and whether there is source of moisture present in the Unit. As a homebuilder, Declarant's responsibility is limited to things that Declarant can control and which are provided for in the warranty. By executing this Agreement of Sale, Declarant is not responsible for any damages caused by mold, including but not limited to, property damage, personal injury, loss of income, emotional distress, loss of use and adverse health effects. 21.Mortgage Loan. Unless Purchaser elects otherwise as set forth in this Agreement, the Purchaser hereby authorizes Declarant to process Purchaser's mortgage loan application. Purchaser shall pay all fees,points, escrows and other costs charged by the lender for the application, commitment and loan. Purchaser agrees that in the event Purchaser later decides to use another lender, or to not obtain any mortgage loan, Purchaser shall be responsible for all charges imposed by the lender for expenses incurred on behalf of Purchaser prior to the date Purchaser informs Declarant of his/her decision to not use the lender or use another lender.Notwithstanding anything contained herein, nothing in this Agreement shall be construed to require that Purchaser obtain financing as a condition to Settlement under this Agreement. 22.Price Protection. Seller is permitted to modify pricing of the models and the various elevations of the models at anytime. The price modifications may be in the form of either price increases or price decreases. (a) In the event that Seller reduces the base house price of the identical model,identical elevation and same delivery timeframe(with identical specifications)as the Buyer's Unit at this community(the"Listed Unit")and the reduction is in affect at the time of Settlement under the Agreement of Sale,Seller herby agrees to reduce the base house price of the Buyer's Unit to the same base house price of the Listed Unit. (b)Notwithstanding anything contained herein,this Section shall not apply to Seller changing the specifications of any base house,shorter delivery periods, a price modification of any options or upgrades,specific lot clearance sales or special offers related to specific lots or homes or any promotions that do not directly relate to a change in the base price of the Listed Unit. 23. Design Selections. Purchaser agrees to make color,or material selections in writing and deliver the same to Declarant five(5)months prior to Settlement.All selections will be final.When you complete your selections,a deposit will be required,Twenty-five percent(25%)by check(the"Design Deposit")on the gross amount of the design order without any offset for specials. (a) COMPLETION AND PAYMENT OF YOUR OPTION ORDER,IS ESSENTIAL FOR US TO COMPLETE YOUR HOME ON TIME. FAILURE BY PURCHASER TO COMPLETE THE DESIGN PROCESS BY THE DESIGN DUE DATE IS A DEFAULT. IN THE EVENT YOUR OPTIONS ARE NOT SELECTED BY THE DATES DESCRIBED ABOVE,DECLARANT MAY PROCEED WITH BUILDING BASED ON OUR STANDARD DESIGNS AND MATERIALS. OPTION ORDERS WILL NOT BE PROCESSES WITHOUT THE REQUIRED PAYMENTS (b) DUE TO LOCAL PERMITTING CONSTRAINTS, SETTLEMENT TIMING AND/OR THE UNIT'S POSITION IN A BUILDING OF TWO,THREE OR FOUR UNITS, SELLER MAY REQUIRE BUYER TO COMPLETE A HOMESTART DETAILING THE STRUCTURAL SELECTIONS IN THE UNIT IN ADVANCE OF DESIGN SIGNOFF. In the event a Homestart is required,Buyer shall pay to Seller twenty-five percent(25%) by check on the gross amount of the structural options selected on the Homestart upon Homestart Signoff. (c) Declarant may offer Purchaser various color selections,upgrades,and/or extras on items in lieu of the design selections previously selected by Purchaser in the event one of Purchasers selections are discontinued or not = `i✓VUw available. Purchaser shall notify Declarant of Purchaser's decision regarding the alternative selection no later than five(5)days after the options are presented to Purchaser. If Purchaser fails to notify Declarant within the time required,Purchaser conclusively shall be considered to have authorized Declarant to select the colors,to have accepted the standard items,and to have elected no extras. If Purchaser selects any upgrades or extras as offered by Declarant,Purchaser immediately shall pay to Declarant the cost of the upgrades and extras,and Declarant shall have no obligation to do any of such work until payment is redeemed. (d) Sums paid for upgrades or extras shall be paid to Declarant,shall not be placed in escrow and shall be non-refundable,unless refundable pursuant to Section 24. The cost of the Options,as defined below,shall be added to the Purchase Price,as defined in the Agreement, so that the Purchaser pays the Purchase Price and the cost of the Options set forth herein at Settlement. (e) In the event Purchaser does not make any selection within the specified time,Declarant shall have the right to make the selections on Purchaser's behalf. Further, should any selections be unavailable due to circumstances beyond Declarant's control,Declarant reserves the right to substitute colors or materials which,in its sole judgment,are compatible with the decorating scheme. (g)Any credit towards options reflected on Page 1 of this Agreement must be used towards Options.In the event that the credit towards Options is not used,it shall be forfeited and shall not be a credit against the Purchase Price. 24.HomeFree. Purchaser has no obligation to settle on the Lot or any Alternative Lot if(i)they comply with the terms of this Section,and(ii)do not sell the Existing Home. In the event that the Existing Home is sold pursuant to a valid contract,this Section 24 will automatically be satisfied,the parties hereto shall have no further rights or obligations under this Section 24,and the Agreement of Sale will no longer be contingent on the sale of the Existing Home. However,the satisfaction of the contingency contained in this Section 24 will have no impact on the Agreement of Sale or the enforceability,terms,conditions or validity of the Agreement of Sale. (a) Traditions Realty, an affiliate of the Declarant,has significant knowledge and expertise in the sale of residential real estate. Traditions Realty shall act as the Managing Agent to assist Purchaser with the sale of the Existing Home. In this capacity,Traditions Realty agrees to provide the following services to Purchaser: (1) Identify qualified real estate brokers to market and sell the Existing Home; (2) Request Competitive Market Analysis(CMA)from qualified brokers to aid in evaluating the current market value of the Existing Home and/or order appraisal,if deemed necessary; (3) Request marketing proposals from competing qualified brokers; (4) Assist in the negotiation of a listing agreement with a qualified broker(Traditions Realty will not be the"Listing Agent"); (5) Consult with Purchaser and listing agent(the"Listing Agent")on any required repairs or improvements to maximize the home value of the Existing Home; (6)Direct Purchaser and Listing Agent with the negotiation of offers and counter-offers on the Existing Home and control the negotiations with potential buyers; and (7) General consultation with Purchaser on tasks required for closing the sale of their home(e.g., deeds,title issues,inspections,etc.). (b) TRADITIONS REALTY WILL PERFORM THE ABOVE SERVICES FOR A FEE OF$375.In addition,Traditions Realty may be entitled to a referral fee from the Listing Broker.Traditions Realty will be the Managing Agent for the Purchaser for as long as this Addendum is valid. (c) Purchaser agrees that while Traditions Realty is acting as the Managing Agent,Purchaser shall: (1) Permit access to the Existing Home and cooperate with Traditions Realty representatives, appraisers and/or real estate agents. Access will be required within 30 days of the date of this Agreement. (2) Execute a Listing Agreement with an approved agent satisfactory to Traditions Realty. Any of the following shall be considered a default by Purchaser under this Agreement, 1)If Purchaser enters into a listing agreement without the consent of Traditions Realty,2)if Purchase does not cooperate during the Home Valuation Process to be started within 30 days of the date of this Agreement,3) Purchaser does not ensure that the Traditions Realty referral fee is included in the HUD-I and paid by the Listing Agent,or 4)Purchaser lists Purchaser's Existing Home on their own through a"for sale by owner"or some other similar means; (3) Traditions Realty will determine the Home Value during the Home Valuation Process.In the event that Purchaser does not agree with the Home Value,Purchaser may terminate the Agreement within ten(10)days after the Home Value.is determined by providing written notice to Traditions Realty and receive a refund of the deposit(excluding the$375 fee to Traditions Realty). If Purchaser sends the objection letter within the necessary time period,the parties will execute the necessary documents to terminate the Agreement of Sale; (4) Make all reasonable efforts to prepare the Existing Home for sale as recommended by Traditions Realty and/or the Listing Agent; (5) Immediately provide all written offers to Traditions Realty for direction on course of action from Traditions Realty. (6) At all time use their best efforts to cooperate with the Listing Agent and Traditions Realty to sell the Existing Home,including making the Existing Home available for showing to potential buyers; (d) Traditions Realty will set the List Price,which is the price the home will be marketed for sale. Furthermore,Purchaser agrees to the following: (1) In the event that the Existing Home is listed for sale for forty-five(45)days,Purchaser must reduce the List Price provided by Traditions Realty by 2%to 98%of the original List Price. (2) In the event that the Existing Home is listed for seventy-five(75)days,Purchaser must reduce the List Price provided by Traditions Realty by another 2%to 96%of the original List Price. (3) In no event shall the reduced list price affect the amount Purchaser must accept as set forth in subsection(e)below. (4) Notwithstanding the foregoing,Traditions Realty reserves the right to modify the List Price up or down at Traditions Realty sole discretion,provided however that Purchaser is not obligated to accept any offers unless required under subsection(e)below. (5) In the event that Purchaser already has signed a listing agreement with an agent,Traditions Realty will assist Purchaser and the listing agent with the sale of the Existing Home in accordance the terms of this Section 24. (e) Purchaser must accept the following offers on the Existing Home("Acceptable Offer"): (1) Any offer at or above the Home Value. (2) Any offer up to Twenty Thousand Dollars($20,000)below the Home Value. In the event that the offer is below the Home Value,Declarant will match dollar for dollar the amount below the Home Value up to a maximum of Ten Thousand Dollars($10,000). By way of example,in the event the Home Value is set at$300,000 and there is an offer of$290,000,the offer shall be accepted with Declarant contributing$5,000 in the form of a HomeFree Credit. In the event that there is an offer below the Home Value and Declarant is required to provide a Homefree Credit,Declarant will provide a credit to Purchaser applied to the Purchase Price in the amount of the Homefree Credit at Settlement of the Unit. (3) Any offers which are Twenty Thousand Dollars($20,000) or more below the Home Value must be accepted if(1)Traditions Realty directs the Purchaser to accept the offer,and(2)Declarant agrees to an additional HomeFree Credit beyond the$10,000 credit as set forth in Section 24(e)(2) above. In the event that there is an offer below the Home Value and Declarant opts to provide an additional Homefree Credit,Declarant will provide a credit against the Purchase Price at Settlement of the Unit. (4) In the event that there is an Offer to purchase the Existing Home below the Home Value, Traditions Realty reserves the exclusive right and sole discretion to direct the negotiations and determine whether to accept the offer or negotiate. Traditions Realty will notify Purchaser of Traditions Realty's decision on the course of the action prior to implementation. Purchaser shall be obligated to follow the direction of Traditions Realty and execute all applicable and necessary documentation. In no event shall Purchaser be obligated to contribute more than$10,000. (5) Notwithstanding anything contained herein, any credits,reductions or issues that occur during or arising out of the home inspection process,title,the condition of the property or any and all other issues after signing an agreement of sale shall be the sole responsibility of the Purchaser. (f) Declarant shall not offer the Primary Lot for sale to any other buyer for one hundred and twenty(120) days from the date of the executed listing contract on the Existing Home(the"Holding Period").After the Holding Period,Declarant may sell the Primary Lot to another buyer.If Declarant receives an offer on the Primary Lot, Declarant will notify Purchaser immediately upon receipt of said offer.Purchaser will have two(2)days to notify Declarant that they either(i)waive any home sale contingency set forth herein and close pursuant the terms set forth in the Agreement of Sale, in which case this Addendum will be terminated, or(ii)select an Alternative Lot, as defined below.In the event that Purchaser selects an Alternative Lot,the Agreement of Sale shall be amended to reflect that Purchaser is obligated to purchase the Alternative Lot under the Agreement of Sale.All notices will be in writing. In the event that Purchaser elects to select an Alternative Lot,Purchaser shall select a lot mutually acceptable to Declarant (the"Alternative Lot").As used herein,the Unit shall be defined as the Primary Lot,until such time as Purchaser must select an Alternative Lot,as required above.In such event,the Unit shall be defined as the Alternative Lot selected by Purchaser. (g) If Purchaser transfers to an Alternate Location,the Purchase Price under the Agreement of Sale shall be amended to reflect a Purchase Price consistent with the above schedule. Declarant has the right to offer any Alterative Lots for sale to any other buyers, at anytime. In the event that all of the Alternate Lots and the Primary Lot are no longer available,Purchaser will select another Lot. (h) If the Existing Home is listed for sale for twelve(12)months and there has not been an Acceptable Offer,either Purchaser or Declarant may cancel the Agreement of Sale and all obligations will cease and the deposit under the Agreement of Sale shall be returned. (i) Declarant agrees to complete design orientation meeting and a structural design meeting. This design process will allow the basic home elevations and floor plans to be established.Purchaser will deposit 25%of the options with Declarant.However,this deposit is refundable as long as this Addendum is in effect. 0) To qualify for the HomeFree Program and this Addendum,Purchaser must receive a credit approval from Wells Fargo. (k) Purchaser shall indemnify and save Traditions Realty and Declarant harmless from all liability, claims,any expense,action,allegation,threatened litigation,other matter,or losses arising out of or occurring in connection with Traditions Realty's management,negotiation, marketing,or sale of the Existing Home or from any alleged claim of negligence by Traditions Realty arising out of the terms of this Section 24 of the Agreement. The provisions of this paragraph shall survive the conveyance of all Units under this Agreement. (1) The Estimated Settlement Date will be amended once the contingency under this Section 24 is released or waived. f 1 FIRS i FLOORHikNCOCK 1 01 , �V `�'T One Level - 2,314-'-square feet r --I r------------- ILCi ---- I i _---1 I OPTIONA/. i L FlREPuce I I 1 PA T10 "xaa�^ I MAST^ ER S(I/TE �.�JJ. I YCE/LINC7 I F+IMJLYROO�N i i lI:I"z 1670" I f5711"x 104" i ct I I ItoC LL /� 11IRREPLA �' 1077":0711"su* HIS U I L------ Tj"1 ---- �I'•I Pl:aurLERs I 'i' �/ If PANTRY _----- v u EN ' ..I 1 I -xh'cHE y El 1173"z!' 3 ,!}k n�,/_ MASTER' _ —_ PA 7RY O ' 'r {/ IL BA.T — — I + � . � 6a'A , o ,NTRY REP 1 , CIO Z .]. LINEN HALL _ [� /"ti CLOSET j1.- ..` S T Com" t BEDROOMIl2 � n�i�urrl i f II�PT.I'tJIri4W� - Dili Rpt I ulLp UN RY 1AI n� I -1 ROOM ST.IIRS T 61I"s9'-7" � '+ � (1 DTIC I I I I I I I 1 I I i /f % �J /� I I I I I I \�,J//J 1 �r Z:. If c�=� �l Ti✓O-L'At?GARAGE � ,� W DEN + i �� PORCH �urr.CLOSET ( � i. .. � � _ r. ,�_ Y i 1. J l i � i� i i i { � i / ( � �i _ � �: II \. t �. � 1 �. if .� i. _ _` i 1 � � ' `1 - �, /.. _ 4 �. - � �� .. � � L i � 1 J l F \. i,. (, i i J i \. � I '� � r ;% � � ,i r J P r 1. _ - _ - �� { � " 4- -- -- .. �_... __ _ -- - I Amanda Francis From: Amanda Francis Sent: Friday, October 26, 2012 11:54 PM To: Amanda Francis Subiect: As promised ...Your work up for the Hancock I for Mr. & Mrs.Wetmore �l V Dear Mr.&Mrs.Wetmore, Thank you both so much for your visit and all of your time today.It's my pleasure to review your Hancock with you. Hope you find the provided very helpful. Thank you,. Amanda Francis New Home Counselor Traditions of America at Silver Spring Afranci.s(dAraditionsofamerica.com Cell 717-422-6853 Office 717-766-9557 The Hancock I Singh Story...............$309,900 Your desired Homesite ......Beautiful sought after Homesite backing to Open Space # 38 ................................................$20,000 e 6 " e Included Features: 30 year Architectural Shingles..........................................Included Carolina Beaded Siding featured throughout the Exterior .......Included 1 Door Garage Doors with 1 Garage Door Openers.............................Included 8 x8 Patio in Concrete in the rear of home..................Included Please see your Features&Benefit List from your brochure detailing all the plentiful Included Features found in a Traditions of America Home! Your Desired Structural E,xX as: Gorgeous Gas Fireplace in Family Rm ...Featuring Slate Front and Yorktowne Mantel...$4000 Divide Included Twin Windows in Great Rm to allow for desire Fireplace.........$50 Beautiful Bay Window in Master Bedroom with 6'windows"Like the model",.$5240 Make all additional windows throughout the 1St Floor 6' ilo included 5'....$681 est Relocate Master Bedroom Side window to Bedroom#2 ......................$100 Carriage Style Garage Door(s)with Windows a desired....$1570 Add a total of(2) Pocket Doors ilo Included Doors...(1) from Laundry Rm to 1St Floor Hall and(1)from Master Bath to w/c...................................$468 x 2=$936 Your Desired Interior Extras. Gourmet Kitchen Design featuring 42" Kitchen Cabinetry with Crown Molding,Cabinetry Hardware, Featuring Whirlpool Stainless Steel Gold Series Wall Oven&Electric or Gas Cook Top, 2 x Microwave & Dishwasher................ .......$3621 Stately 5 1/a"Wider Molding Throughout..........................$1050 Candle bight Transformer package and individual per Candle price $230+$150 per Candle ( Please let know which windows you would prefer the candles to be in...Presently not in total) Custom Closet Organizers in His Closet...est$1300 Custom Closet Organizers in Hers Closet est$1600 Your desired;Floor_in�: Looking forward to sharing with you the various beautiful flooring choices you both have Your desired Custom Features: Custom Tray Ceiling in New Expanded Foyer...................$550 Vaulted Ceiling in Kitchen/Nook and Great Rin.....Presently we are working with Shelly Trusses on your behalf to create some dramatic choices...Our moving the Kitchen has made this a bit of a challenge but impossible as Shelly is preparing a 3D Imagery for us...tbd Move entire Kitchen Wall forward 6' to create larger Kitchen &Nook ...Extended Kitchen Island 3 in Gourmet Level 0 Cabinetry with Gries Pearla Granite........................ Move Den wall back 4' with Double French Door to create a larger study plus the addition of a Triple Window(Like Lincoln Dining Rm) in New Dining Rm............$24.50 Relocate Included Twin Dining Rm window to New expanded Den Side Wall...$100 (should you desire for $50 your twin window could be divided/trimmed) Add a Bay Window with Window Seat and Storage .......$1250 Add Butler Pantry in Gourmet Level 0 Cabinetry with Gris Pearia Granite,Single Undermount Sink and Bar Faucet.............................. ........I................$1,900 Upgraded Walk in Shower featuring Laredo 11 Tile 12 x12 on all walls with a 6 "Mosaic border and Steppington 2 x 2 Tile on the Floor(I'm happy to share the 4 rendering with you both).......$5485 (Of course you both may like to choose different the and style....I thought this would be of help for price point) Your Desirable Included Features Hardwood or Ceramic Tile in Included Level for the Entry Foyer..INCLUDED Hardwood or Ceramic Tile in Included Level Kitchen/Nook...... INCLUDED Ceramic Tile Laredo II in Master Bath Floor... ...............................INCLUDED- Ceramic Tile Laredo II in Hall Bath Floor...... .................................INCLUDED Ceramic Tile Laredo on 2nd Floor Bath(With 2nd Floor purchase).....INCLUDED Crown Molding in Entry Foyer......................................................... INCLUDED Crown Molding in Dining Rm...................................................... ...INCLUDED Tray Ceiling in Master Bedroom........................................................INCLUDED Recessed Lighting ...4 Additional lights+ 1 Included.............„.....INCLUDED Granite Included Level in Kitchen on ALL Counter Tops ..............INCLUDED Your total upgrades$33.433 Your "H-ALF OFF INCENTIVES "on Up To $30,000 in total options for a Max Incentive of $15,000* 5 N four Hancock I total pricing with all of your .Incentives ,Home Assist Bonus Flus your Referral bonus & Half Off option. Incentive * $336,333 17) G 6 3/21/x3 HKWLLC Mail-As promised...Your revised work up for the HancockI for Mr.&Mrs.Wetmore Gmail[ Ed Wetmore <ewetmore§hkwIlc.r.*rr>> byf_;cac���l� As promised ...Your revised work up for the Hancock I for Mr. & Mrs.Wetmore 1 message Amanda Francis<atancis@traditionsofamerica.com> Sun, Oct 28, 2012 at 12:49 PM To: "ewetmore@hkwIIc.com" <ewetmore@hkwIIc.com>, "awetmore@hkwIIc.com"<awetmore@hkwIIc.com> Dear Mr.&Mrs.Wetmore, Thank you both so much for your visit and all of your time yesterday.It was such a pleasure meeting with you both. Attached;as promised please find your revised work up noting all of the great features wee spoke of yesterday.Please note all of your revisions are noted in Green.I hope you find your new work up helpful. Please feel free to call me any thoughts or questions you may have upon your review. Thank you, Amanda Francis New Home Counselor Traditions of America at Silver Spring Afrancis@traditionsofainer.ica.com Cell 717-422-6853 Office 717-766-9557 The Hancock I Single Story...............$309,900 I Air !7 3/21/13 HKWLLC Mail-As promised...Your revised workup for the Hancock I for Mr.&Mrs.Wetmore Your desired Homesite ......Beautiful sought after Homesite backing to Open Space# 38 ................................................$20,000 YourHome Assist Bonus. . . . . . 00000000000000 $10,000)!! Your Referral Bonuse9e . . . . 00000 * 0000ooeoee9 * . .(-$2,000)!! Included Features: 30 year Architectural Shingles..........................................Included Carolina Beaded Siding featured throughout the Exterior .......Included 1 Door Garage Doors with 1 Garage Door Openers.............................Included 8 x8 Patio in Concrete in the rear of home..................Included Please see your Features&Benefit List from your brochure detailing all the plentiful Included Features found in a Traditions ofAmerica Home! Your Desired Structural extras: Gorgeous Gas Fireplace in Family Rm ...Featuring Slate Front and Yorktowne Mantel...$4000 hftps://mail.g oog le.corrdmaii/ca/?ui=2&i k=5a99e7O7lf&view=pt&cat=New Home&search=cat&th=13aaB473812814f6 W 3/21 1-3 HKWLLC Mail-As promised...Your re\Ased work up for the Hancock I for'Mr.&Mrs.Wetmore Divide Included Twin Windows in Great Rm to allow for desire Fireplace.........$50 Make all additional windows throughout the 1St Floor 6'ilo included 5'....$681 est Relocate Master Bedroom Side window to other location in Master Bed .........$100 Divide your included rear Master Bedroom Windows to create 2 separated windows for ease of furniture placement .............................................$50 Add a total of(2) Pocket Doors ilo Included Doors...(1) from Laundry Rm to 1St Floor Hall and (1) from Master Bath to w/c...................................$468 x 2=$936 Add light filled Transom Window above Front door........................ $350 Add Gas Line for use with future Gas Grill ...........................................est$350 Your Desired Interior Extras: Gourmet Kitchen Design featuring 42" Kitchen Cabinetry with Crown Molding,Cabinetry Hardware, Featuring Whirlpool Stainless Steel Gold Series Wall Oven&Electric or Gas Cook Top, Microwave &Dishwasher ..............................$3621 Add your desired Level 1 Granite in Uba Tuba throughout all traditional Gourmet with Island Countertops....$1222 Stately 51/4" Wider Molding Throughout..........................$1050 ,..---•---.-- 3/21/13 HKWLLC Mail-As promised...Your revised workup for the Hancock I for Mr.&Mrs.Wetmore Your desired Floorin Your Desired Hardwood Level 0 in Sable for the Extended Foyer ...$1576 Your Desired Hardwood Level 0 in Sable for the Hall to Bed 2 ...$434 Your Desired Hardwood Level 0 for the entire Great Rm.........$3272 Estimate for Hardwood Level 0 in New Dining Rm,Extended potion of Kitchen Only&NEW Den .......................................total $4453 Your desired Custom Features• Custom Tray Ceiling in New Expanded Foyer.................. $550 Vaulted Ceiling in Kitchen/Nook and Great Rm....-Presently we are working with Shelly Trusses on your behalf to create some dramatic choices...Our moving the Kitchen has made this a bit of a challenge but impossible as Shelly is preparing a 3D Imagery for us... tbd Move entire Kitchen Wall forward 6'to create larger Kitchen&Nook ...Extended Kitchen Island in Gourmet Level 0 Cabinetry with Gries Pearla Granite...........................................$1550 (*Please note need to add your desired Uba Tuba) https://maiI.g oog Ie.com/maiI/cal?ui=2&ik=5a99e7O7lf&view=pt&cat=N ew H orne&search=cat&th=13aa8473812814f6 do 3/21/?,3 HKWLLC Mail-As promised...Your revised workup for the Hancock]for Mr.&Mrs.Wetmore Move Den wall back 4'with•Double French Door to create a larger study plus the addition of a Triple Window,(Like Lincoln Dining Rm) in New Dining Rm............$2450 Relocate Included Twin Dining Rm°window to New expanded Den Side Wall...$100 +$50 (to divide) (should you desire for$50 your,twin window could be divided/trimmed) Add a Bay Window with Window Seat and Storage .......$1250 Add Butler Pantry in Gourmet Level 0 Cabinetry with Gris Pearla Granite,Single Undermount Sink and Bar Faucet.......................................................$1,900 (*Please note need to add your desired Uba Tuba) Upgraded Walk in Shower featuring Laredo II Tile 12x12 on all walls with a 6"Mosaic border and Steppington 2 x 2 Tile on the Floor(I'm happy to share the rendering with you both).......$5485 (Of course you both may like to choose different tile and style....I thought this would be of help for price point) Your Desirable Included Features Hardwood or Ceramic Tile in Included Level for the Entry Foyer..INCLUDED Hardwood or Ceramic Tile in Included Level Kitchen/Nook...... INCLUDED hftps:/lmail.google.corrVmail/ca/?ui=2&ilc=5a99e7O7lf&view=ot&cat=NawHnrrwR�Aa.�r_ 3/21/13 HKWLLC Mail-As promised...Your revised work up for the Hancock I for Mr.&Mrs-Wetmore Ceramic Tile Laredo II in Master Bath Floor... ...............................INCLUDED' Ceramic Tile Laredo II in Hall Bath Floor...... ..................................INCLUDED Ceramic Tile Laredo on 2nd Floor Bath (With 2nd Floor purchase).....INCLUDED Crown Molding in Entry Foyer......................................................... INCLUDED Crown Molding in Dining Rm.............................................................INCLUDED Tray Ceiling in Master Bedroom........................................................INCLUDED Recessed Lighting ...4 Additional lights + 1 Included....................INCLUDED Granite Included Level in Kitchen on ALL Counter Tops ..............INCLUDED Yourtotal upgrades $35,480 Your "HALF OFF INCENTIVES "on Up To $30,000 in total options for a Max Incentive of$15,000* Your Hancock I total pricing with all of your Incentives ,Home Assist Bonus Plus your .Referral Bonus & Half Off Option Incentive * $338,380 https://mail.goog le.conVmai I/ca/?ui=2&i k=5a99e7071f&vievwpt&cat=New Home&search=cat&th=13aa8473812814f6 F/7 3/21/13 HKWLLC Mail-As promised...Your revised work up for the Hancock I for Mr.&Mrs.Wetmore hftps:HmaiI.google.corrVmaiI/ca/?ui=2&ik=5a99e7O7lf&view=pt&cat=New Horae&search=cat&th=13aa8473812814f6 �� Traditions of America at Silver Spring Buyers Closing Costs ESTIMATED Ed Wetmore Buyer 1 Homesite#38 Ann Wetmore Buyer 2 Purchase Price: $317,900:00 Description Amount Balance Purchase Price $317,900.00 Transfer Tax (1% of Sale Price) $3,179.00 Title In (.55% of sale price) $1,748.45 Endorsements $200.00 Notary, Recording & Processing fee $200.00 Condo Association Capital Contribution $525.00 Subtotal Mortgage Costs: $5,852.45 Mortgage Fees To Be Determined Appraisal &Credit Reports Mortgage Document Prep Mortgage Recording Prepaid Interest E Tax escrows Insurance Escrows Subtotal Mortgage Costs: To Be Determined Total Closing Costs $5,852.45 Purchase Price $ Total Costs 317,900.00 Less: Deposit with Seller(includes a credit $323,752.45 at settlement) $16,495.00 Estimated Cash Needed at Closing $307,257.45 The above figures are estimates and may be higher or lower at settlement. The undersigned acknowledges receipt of these estimated costs. Changes to the purchase price will affect these costs. r Seller: (,{ Buyer Name: Ed Wetmore Representative of TOA VII, L.P. Signature ��� Buyer Name: An etmore SignatureA .� } 1 �` x. ADDENDUMIENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E P. I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 001 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $317,900.00 1. This agreement of sale shall be amended as follows: Qty Option Description Sales Price 900 Custom Options 1 00001 CUSTOM HOME PROGRAM-Initial Fee of$2,000 to be paid which includes: custom $2,000.00 design, engineering, and unlimited plan changes during the design process. ; 1 90002 STRUCTURAL: Elevation 1 -2 story exterior on a 1 story home-this includes stone $1,077.00 skirting on front of den which is standard on a 2 story home; no stone in returns to front door or around front door.90003 must be attached. CUSTOM HOME. 1 90003 STRUCTURAL:Add a vaulted ceiling- 19' high in the great room, kitchen and nook; $13,492.00 no ceiling fans or pre wires as standard. 90002 must be attached. CUSTOM HOME. 1 90004 STRUCTURAL: Move kitchen wall forward 6', but move island forward only 4'adding $1,385.00 2 extra feet on island (cabinetry cost on other option). Move rear wall of den back 4', creating larger dining room and deleting living room.Add double french glass 15 lite doors into den. 1 90008 CUSTOM MASTER BATH: Rearrange master bath/closet area, enlarging the bath, $1,520.00 decreasing the size of the master closets, enlarging the toilet room, adding pocket door, adding pedestal sink rough in, free standing bath tub rough in, 2nd 48"vanity with 2_.doors,.std, sink and faucet,file shower, 3'X 6'with standard threshold; cost of pedestal, vanity and top, tub and file shower on othei option;for homestart only includes all rough in's. 1 90050 WINDOWS: Change all standard S windows to 6% move standard double window in $270.00 living room to the dining room (living room deleted); must be chosen with 35004- fireplace option which changes double to 2 single windows. 1 90051 WINDOWS:Add a DH3060 window in garage. $607.00 1 90052 WINDOWS: Change single 3060 window to double 3060 window in bedroom 2. $524.00 1 90053 WINDOWS: Change double to 2 single window in master bedroom(changed to 60 $50.00 windows on 90052) 1 90054 WINDOWS: Add a double 3060 window with obscure glass in the master bath over $1,295.00 the tub. 1 90055 CUSTOM MASTER BATH: Rearrange master bath/closet area, enlarging bath, $1,177.00 decreasing size of master closets, enlarging toilet room, adding pocket door. PRICING FOR REARRANGING BATH & POCKET DOOR ONLY. PRICING DOES NOT INCLUDE ANY PLUMBING, CABINETS OR CREDITS FOR STANDARDS IN BATH CONTINUED..... ( ) ( ) ( ) ( ) SELLER DATE BUYER DATE 'M Fri,Feb 15 2013 11:50 AM Page 1 of 3 ADDENDUMIENDORSEMENT TO AGREEMENT OF SALE TRADITIONS 0 f A tis E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 001 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore &Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price 1 90056 PLUMBING: Master bath free standing tub-Maxx, Sax,#105797, 60 X 22 X 25; white $2,234.00 with white skirt, chrome standard Coralais deck mounted faucet, includes rough in and all required plumbing. 1 90057 TILE SHOWER : Custom master bath-change the 4'fiberglass shower to a 3 X 5 X $2,034.00 78"H.tile shower with white fiberglass base, no seat, standard threshold, 12"W X 21" H recessed tile niche, L0, Laredo, 12 X 12,Taupe tile on 3 walls with Emperador Onyx Diamond border on 3 walls;#40 Latte grout(no epoxy) Door on other option. Includes credit for standard shower unit 2. Total of any previous addendums: $0.00 Additions/Credits selections as noted above: $27,665.00 New Options Total: $27,665.00 3. The sales price of this Agreement of Sale shall be changed as follows: Base Sales Price: $309,900.00 Less Incentives: $12,000.00- _:. _.Lot-Premium. _ Options Total: $27,665.00 Total Sales Price: $345,565.00 4. Buyers deposit amount shall be increased by: $0.00 CONTINUED..... ( )( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:50 AM Page 2 of 3 ADDENDUMIENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDERM OO Z SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE NO'ADDITIONS OR CHANGES ARE ACCEPTED"AFTER-BUYER INITIALS EACH PAGE OF THIS DOCUMENT. It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale shall be modified to include the.addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended, the Agreement of Sale is hereby ratified and affirmed in all respects, and all terms and provisions of the Agreement of Sale shall remain as set forth therein. The Buyer and Seller have read this Addendum and agree to be legally bound by signing below. (Signature) (Entity) Seller (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Fri,Feb 15 2013 11:50 AM Page 3 of 3 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 002 SELLERS: TOA PA VII LP- Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore &Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST sETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $345,565.00 1. This agreement of sale shall be amended as follows: Qty Option Description Sales Price 000 Structural Options 1 00295 Plumbing only for a double bowl vanity. Must include vanity upgrade option. $300.00 050 Patio and Decks 44 05100 Concrete Patio Extension -priced per square foot $396.00 10'8"WX10' D 230 Interior Millwork 1 23000 6 Panel single pocket door ILO 6 panel hinged door $463.10 laundry room 350 Fireplaces 1 35004 Single sided gas fieplace, direct vent with shed roof ILO twin 3050 window-2 single $4,000.00 3050 Windows on eitherside remain-includes the Yorktown"mantle painted white With " a black slate surround and hearth-flush with the floor. GREAT ROOM-SLATE AND YORKTOWN MANTEL TO REMAIN-NOT CHANGED ON OTHER OPTION 500 Plumbing 1 50002 Add Gas line to Patio location $461.53 FOR FUTURE FIRE PIT-APPROVED BY DB; NEED VARIANCE 1 50010 Additional Hose Bib $178.57 garage and great room/master bedroom wall ( 1 included in home) 550 Electrical Options 1 55083 Single Floor Receptacle on Concrete surface to include cover plate(location and color $300.00 must be specified when selected) den 800 Custom Options CONTINUED..... ( ) ( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:51 AM Mage 1 of 3 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 002 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore &Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN 1 HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Pilce 1 90005 STRUCTURAL: Create a 12"deep window seat in nook extending out 12"with shed $1,204.00 roof and painted seat w/2060 DH Twin Window same as dining room window seat in Adams model in SS. 1 90006 INTERIOR ALTERATIONS: Create a tray ceiling in the foyer 10'deep floor to inside of $550.00 tray, shape as noted on custom plan. 1 90007 STRUCTURAL: Change opening height of entries to 8' between the kitchen and $77.00 dining room and from great room into master bedroom hall as noted on custom plan. 1 90014 PLUMBING: Master bath free standing tub- Maxx, Sax,#105797,60X22x25, ; white $1,964.00 with white skirt, chrome standard Coralais deck mounted faucet; rough in on 90008. 1 90020 INTERIOR MILLWORK: Change all door hardware finish to Venetian Bronze, $385.00 including exterior doors, all hinges and front door kickplate. 1 90035 INTERIOR MILLWORK: Change the standard crown molding in the foyer and dining $1,363.00 room to 2 piece crown -5"crown with Ogee molding below 3"and wall between painted with trim paint; crown to stop at corner of laundry room on right side and behind kitchen pantry in dining room on left side. 2. Total of any previous addendums: $27,665.00 -Additions/Credits selections as noted above. .. . .. $11,642.20 New Options Total: $39,307.20 3. The sales price of this Agreement of Sale shall be changed as follows: Base Sales Price: $309,900.00 Less incentives: $12,000.00- Lot Premium: $20,000.00 Options Total: $39,307.20 Total Sales Price: $357,207.20 4. Buyers deposit amount shall be increased by: $0.00 CONTINUED..... { H ) ) { ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:51 AM Page 2 of 3 i ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADIT10NS O F A M, E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDERM 002 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE NO ADDITIONS OR CHANGES ARE ACCEPTED AFTER BUYER INITIALS EACH PAGE OF THIS DOCUMENT. It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale shall be modified to include the addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended, the Agreement of Sale is hereby ratified and affirmed in all respects, and all terms and provisions of the Agreement of Sale shall remain as set forth therein. The Buyer and Seller have read this Addendum and agree to be legally bound by signing below. (Signature) (Entity) Seller (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Fri,Feb 15 2013 11:51 AM Page 3 of 3 ADDENDUMIENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O f A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/2612012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $357,207.20 1. This agreement of sale shall be amended as follows: Qty Option Description Sales Price 440 Cabinets 1 44400 Bath 2 Upgrade Vanity(Choice of Door Styles) Hall Bath Yorktowne Level 1 Door Styles $195.26 Greenfield Maple Flat Panel Full Overlay-Java 52 46002 Cabinet Hardware Price for Board D 1-27 (each) $314.60 D-16-kitchen and butlers pantry drawers; D-14-kitchen and butlers pantry doors 500 Plumbing 1 52410 Kitchen Sink McAllister 11600 Under mount single bowl stainless steel 32"x 18" -9" $573.57 deep- 113 gauge(include perimeter polishing). Includes cutout,finish and installation. 550 Electrical Options 3 55011 Additional Single Pole Switch (Non-standard location) $300.00 extended foyer-for eyeball in front of butlers pantry, pre wire over soakiirig tub, kitchen: island lights 2 55040 Single 6" Eyeball Light-switch sold separately $280.00 Great room fireplace, use existing switched outlet, deleting switched outlet; extended foyer(switch on other option) 2 55043 Single 6" Recessed Light- ILO standard fixture $100.00 extended foyer 3 55051 Additional Television jack $225.00 2-great room, master bedroom, bedroom 2, den(2 included in home) 1 55072 Interior GFI Duplex receptacle $125.00 garage 5 55142 Ceiling or wall mounted fixture pre-wire. Switch sold separately. Light fixture sold $700.00 separately. Master bedroom(use existing switch, delete switched outlet), master bath over soaking tub, 2-kitchen island, 2nd added master vanity(switched with existing vanity) 580 Appliance Options CONTINUED..... ( ) ( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:51 AM Page 1 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDERM 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price 1 59118 Whirplool Single Oven Upgrade, Stainless, Gas 30" Cooktop, Dishwasher, Microwave $540.85 -Gas line included. ILO Gourmet or Design Kitchen Standard Appliances 730 Flooring -Tile 1 73000 Tile Flooring Standard Areas includes wood base (Choice of Color&Grout) Master Bath Standard Tile Area $0.00 Laredo Taupe, 12 X 12-Grout:#40, Latte Hall Bath Standard Tile Area $0.00 Laredo Taupe 12 X 12-Grout:#40, Latte 770 Flooring -Vinyl 1 77000 Vinyl Flooring Standard Areas (Choice of Styles/Colors) Foyer ****NIA**** $0.00 Laundry Rm Standard Vinyl Area $0.00 Venture Kingsbridge VR140 Powder Room NIA $0.00 801 Flooring -Carpet 1 80000 Carpet Flooring Standard Areas(Choice of Styles/Colors) Master Bedroom&WIC Standard Carpet Area $0.00 Red Bud-?? Bedroom 2 Standard Carpet Area $0.00 Red Bud-?? SunRoom/Screen Prch Standard Carpet Area $0.00 1 80200 Carpet Padding Upgrade to 1/2"8-lb Bonded (Included in Berber& Level 4) Bedroom 2 Upgrade Bonded Padding $142.80 Bedroom 2 hallway **** NIA**** $0.00 CONTINUED..... ( )( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:51 AM Page 2 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDERM 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN I HANCOCK EST SEM DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price 900 Custom Options 1 90015 CABINETRY/COUNTER/BATH ACC.: Master bath -change the 2-48"vanities on $2,832.00 90008 to L1, Greenfield, maple, Java, HEP-CVDB4821/6 (1 door, 6 drawers, hinged rt. on one cab, and left on other)with 2 tops, center single bowls on each, #424, Shimmer Granite, no sidesplashes,free standing vanites; delete plate glass mirror and side medicine cabinet. 90008 attached. 1 90016 INTERIOR MILLWORK: Add sound deadening insulation between master bedroom $0.00 and great room walls, around laundry, bath 2 and master bath backing up to bedroom 2. 1 90018 INTERIOR MILLWORK: Change all door and window casings to L2, #97P, 31/2". $1,395.00 1 90019 INTEIROR MILLWORK: Change all baseboards to 5 114". $901.00 1 90022 PLUMBING: Rough in for future water softener in storage room above garage; $572.00 includes required outlet. 1 90025 FLOORING-WOOD: Change the standard carpeting to wood in the den, extended $9,056.00 foyer, dining room, hall to bedroom 2, great room to L0, Harrington, Sable; same (P wood as standard flooring in foyer, kitchen and nook. (Custom Home) 1 90026 CUSTOM KITCHEN: Gourmet kitchen layout with following changes: add 2'onto $5,844.00 island and sink wall; add double trash cab., tilt down soap tray, beadboard on rear of island.wrapping.around half wall and returning to side of island (not on side of island); 3 drawers under cooktop(top false), 3 drawers in BT27 of island and rope/crown molding. L1-Greenfield, maple, antique white all cabinets but island to be Greenfield, L� maple, Java. KITCHEN PRICED IN ITS ENTIRETY-NO OTHER OPTIONS ATTACHED. INCLUDES STANDARD GOURMET APPLIANCES. 1 90038 LIGHTING: Change the finish on the 4 standard ceiling lights in the hall to bedroom 2, $25.00 hall from great room into master bedroom, master bedroom walk in closet, and laundry to 10835 OZ. (finish change only) 1 90058 BATH ACCESSORIES: Change the standard 4' hinged shower door with fixed panel $0.00 in the master bath to a 5' Infinity semi frameless slider, silver frame, clear glass to be used on a 5'the shower, standard threshold, fiberglass base. 1 90059 CABINETRY/COUNTER/TILE FLOOR: Change the single master vanity to 2 separate $3,718.00 vanities, 48", L1, Greenfield, maple, Java, HEP-CVDB4821/6(1 door, 6 drawers, hinged rt. on one cab. and left on other)with 2 standard color cultured marble tops, center bowl, no sidesplashes-mirror change on other option. Includes rough in for 2nd sink and 2nd std. faucet. STANDARD TILE FLOOR UNDER VANITY BACK TO WALL-OPEN TOE KICK. 1 90060 CABINETRY/COUNTER/TILE FLOOR: Change the single master vanity to 2 separate $1,823.00 vanities, 48", L1, Greenfield, maple, Java, CVC4821T-2 doors,2 drawers with 2 standard color cultured marble tops, center bowl, no sidesplashes-mirror change on other option. Includes rough in for 2nd sink and 2nd std. faucet. CONTINUED..... ( ) ( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11:51 AM Page 3 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADIT10NS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A, Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK ESTSETTLDATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price 1 90061 BATH ACCESSORIES: Delete master vanity mirror and side medicine cabinet; $62.00- standard mirror and side medicine cabinet to remain in bath 2. 1 90062 CABINETS/COUNTER: Butlers pantry-standard design deleting SB24, leaving a 24" $3,417.00 Jf opening for future undercounter refrigerator; no glass doors, no sink or faucet, L1, Greenfield, maple, Java with standard granite counter(Gris Perla) no backsplash, roundover edge. 2. Total of any previous addendums: $39,307.20 Additions/Credits selections as noted above: $33,018.08 New Options Total: $72,325.28 3. The sales price of this Agreement of Sale shall be changed as follows: Base Sales Price: $309,900.00 Less Incentives: $12,000.00- Lot Premium: $20,000.00 Options Total: $72,325.28 Total Sales Price: 390,225.28 4. Buyers deposit amount shall be increased by: $0.00 yv�cti-p ^� �� evss th CcAt- L-S \.1! , G ni V'111'5 l q o c" e c) i O .PN ii-J,, G✓� i� 10� -`�. iv C Yv l C tag � -' .0 <P , CONTINUED..... C ) ( ) ( ) ( ) SELLER DATE BUYER DATE Fri,Feb 15 2013 11;51 AM Page 4 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/1712012 BUYERS: Edward A.Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/ HANCOCK EST SETTS DATE: 06/30/2013 ELEVATION: 101/1 STORY SLAB ON GRADE NO AQDITIONS OR CHANGES ARE ACCEPTED AFTER BUYER INITIALS EACH PAGE OF THIS DOCUMENT. It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale shall be modified to include the addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended, the Agreement of Sale is hereby ratified and affirmed in all respects, and all terms and provisions of the Agreement of Sale shall remain as set forth therein. The Buyer and Seller have read this Addendum and agree to be legally bound by signing below, Seller (Signature) (Entity) (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Fri,Feb 15 2013 11.51 AM Page 5 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADIT10NS O F A M E A I C A DEV: TOA at Sliver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDERM 001 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: $3 Presidents Drive AGREEMENT DATE:10/2612012 Wetmore MODEL: HAN/ HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $317,900.00 1. This agreement of.sale shall be amended as follows: Qty Option Description Sales Price 900 Custom.Options 1 00001 CUSTOM HOME PROGRAM-Initial Fee of$2,000 to be paid which includes: custom $2,000.00 design,engineering, and unlimited plan changes during the design process. 2. Total of any previous addendums: $0.00 Additions/Credits selections as noted above: $2,000.00 .New Options Total: $2,000.00 3. The sales price of this Agreement of Sale shall be changed as follows: Base Sales Price: $309,900.00 Less Incentives: $12,000.00- Lot Premium: $20,000.00 $2;000.00 _. Total Sales Price: $319,900:00 4.. Buyers deposit amount shall be increased by: $0:00. CONTINUED..... ( ) ( ) ( ) ( ) SELLER DATE BUYER DATE Tue,Feb 19 2013 04:02 PM Page 1 of 2 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRtA. DIT10NS D F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 001 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A. Wetmore &Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE NO~ADDITIONS OR CHANGES ARE ACCEPTED AFTER BUYER INITIALS EACH PAGE OF THIS DOCUMENT. It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale shall be modified to include the addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended, the Agreement of Sale is hereby ratified and affirmed in all respects, and all .terms and provisions of the.Agreement of Sale shall remain as set forth therein. The Buyer and.Seller have read this Addendum and agree to be legally bound bysigning below. (Signature) (Entity) Seller (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Tue,Feb 19 2013 04:02 PM Page 2 of 2 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADIT10NS O F A M E R I C A DEV: TOA at Silver Spring Harrisburg HOUSE: 00000038 CHANGE ORDERM 002 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A.Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10126/2012 Wetmore MODEL; HAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $319,900.00 1. This agreement of sale shall be amended as follows: Qty Option Description Sales Price 000 Structural Options 1 00295 Plumbing only for a double bowl vanity. Must.include vanity upgrade option. $300.00 050 Patia.and Decks 44 05100 Concrete Patio.Extension-priced per square foot $396.00 10'8"WX10'D 230 Interior Millwork 1 23000 6 Panel,single pocket door ILO 6 panel hinged door $463.10 laundry room 350 fireplaces 1 35004 Single sided gas fieplace,direct vent with shed roof ILO twin 3050 window-2 single $4,000.00 3050 winddws Of either sid i.remain ihcludes the"Yorktd ftn mantle painted white with a black slate surround and hearth-flush.with the floor. GREAT ROOM-SLATE AND YORKTOWN MANTEL TO REMAIN-NOT CHANGED ON OTHER OPTION 500 .Plumbing 1 50002 Add Gas line to Patio location $461:53 FOR FUTURE FIRE PIT-APPROVED BY DB.; NEED VARIANCE 1 50010 Additional Hose Bib $178.57 garage and great room/master bedroom wall( 1 included in home) 550 Electrical Options 1 55083 Single Floor Receptacle on Concrete surface to include cover plate(location and $300.00 color must be specified when selected) den 899 Discounts 1 89999 Discount-Customer Concession $2,601.00- CONTINUED..... 2,601.00-CONTINUED..... ( )( ) ( H ) SELLER DATE BUYER DATE Tue,Feb 19 2013 05:29 PM Page 1 of 3 ADDENDUM/ENDORSEMENT TO AGREEMENT OF.SALE TRADITIONS 0 f A M E R I C A DEV. TOA at Silver Spring Harrisburg HOUSE: 00000038 CHANGE OR ER : 002 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 11/21/2012 BUYERS: Edward A.Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price Customer Concession Option 90018 &90019-1,246.Option 90062 difference between level 0&level 1 -1355. 900 Custom Options 1 90002 STRUCTURAL: Elevation 1 -2 story exterior on a 1 story home-this includes stone $815.00 skirting on front of den which is standard on a 2 story home; no stone in returns to front door or around front door.90003 must be attached. CUSTOM HOME. 1 90003 STRUCTURAL:Add a vaulted ceiling-19'high in the great room, kitchen.and nook; $4,99.0.00 no ceiling fans or pre wires as standard.90002 must be attached. CUSTOM HOME. 1 90,004 STRUCTURAL: Move kitchen wall forward 6', but move island:forward only 4'adding $1,385.00 2 extra feet on island (cabinetry cost on other option). Move rear wall of den back 4', creating larger dining room and deleting living room.Add double french glass 15 lite doors into den. 1 90005 STRUCTURAL: Create.a 12"deep window seat in nook extending out 12"with shed $1,204.00 roof and painted seat w/2060 DH Twin Window same as dining room window seat in Adams model in SS. 1 90006 INTERIOR ALTERATIONS: Create a tray ceiling in the foyer 10'deep floor to inside $550.00 of tray,shape as noted on custom plan. 1 ._ ___. 90007 STRUC fURAL:,Change opening:height of entries:to8'between the kitchen and _. dining room and from great room Into master bedroom hall as noted on custom plan: 1 90050 WINDOWS: Change all standard 5'windows to 6'.; move standard double window in $270.00 diving.room to the dining room (living room deleted); must be chosen with 35004- fireplace option which changes double to 2 single windows. 1 90051 WINDOWS:Add a DH3060 window in garage. $607.00 1 90052 WINDOWS: Change single 3060 window to double 3060 window in bedroom 2. $524.00 1 90.053 WINDOWS: Change double to 2 single window in master bedroom(changed to 60 $50.00 windows on 90052) 1 90054 WINDOWS:Add a double 3060 window with obscure glass in the master bath over $1,295.00 the tub. 1 90055 CUSTOM MASTER,BATH: Rearrange master bath/closet area, enlarging bath, $1,177.00 decreasing size of master closets,enlarging toilet room,adding pocket door. PRICING FOR REARRANGING BATH& POCKET DOOR ONLY. PRICING DOES NOT INCLUDE ANY PLUMBING, CABINETS OR CREDITS FOR STANDARDS IN BATH 1 90056 PLUMBING: Master bath free standing tub-Maxx,Sax,#105797, 60 X 22 X 25; $2,234.00 white with white skirt, chrome standard Coralais deck mounted faucet, includes rough in and all required plumbing. 1 90057 TILE SHOWER: Custom master bath-change the 4'fiberglass shower to a 3 X 5 X $2,034.00 78" H.tile shower with white fiberglass base,no seat,standard threshold, 12"W X 21" H recessed tile niche, L0, Laredo, 12 X 12,Taupe the on 3 walls with Emperador Onyx Diamond border on 3 walls;#40 Latte grout(no epoxy)Door on other option. Includes credit for standard shower unit CONTINUED..... Tue,Feb 19 2013 05:29 PN )( ) ( )( ) Page 2 of 3 SELLER DATE BUYER DATE ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITI0AFS O F A M E R I G A DEV: TOA at Silver Spring(Harrisburg) HOUSE: 00000038 GAGE ORD R : 002 SELLERS: TOA PA V11 LP-Silver Spring CASE: 00000404.3 ENTERED: 11/21/201.2 BUYERS: Edward A.Wetmore&.Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:IO/26/2012 Wetmore MODEL: HAN/HANCOCK EST SML DATE: 08/07/201.3 ELEVATION: 101/1 STORY SLAB ON GRADE 2. Total of any previous addendums: $2,000.00 Additions/Credits selections as noted above: $20,710.20 New Options Total: $22,710.20 3. The sales price of this Agreement of Sale shall be changed as follows: Base Sales Price: $309,900.00 Less Incentives: $12,000.00- Lot Premium: $20.,000.00 Options Total: $22,710.20 Total Sales Price: $340,61.0.20 4. Buyers deposit amount shall be increased by: $0:00 NO-ADDITIONS OR CHANGES AREACCEPTED-AFTER'BUYER]NITIALS"EACH PAGEOF THIS-DOCUMENT."" It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale .shall be modified to include the addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended,the Agreement of Sale is hereby ratified and affirmed in all respects,and all terms and provisions of the Agreement of Sale shall remain asset forth therein. The Buyer and Seller have read this Addendum and agree to be legally bound by signing below. (Signature) (Entity) Seller (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Tue,Feb 19 2013 05:29 PM Page 3 of 3 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS 0 f A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 HANGE ORDERN: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 0.00004043 ENTERED: 12/17/2012 BUYERS: Edward A,Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT RATE:10126/2012 Wetmore MODEL: HAN/HANCOCK EST SETTL DATE: 08/07/2013. ELEVATION: 101/1 STORY SLAB ON GRADE SALES PRICE: $340,610.20 1.This agreement of sale shall be amended as follows: .Qty Option Description Sales Price 440 Cabinets 1 44400 Bath 2 Upgrade Vanity(Choice of Door Styles) Hall Bath Yorktowne Level 1 Door Styles $195.26 .Greenfield Maple Flat Panel Full Overlay-Java 52 46002 Cabinet Hardware Price for Board D 1-27(each) $314.60 D-16-kitchen and butlers pantry drawers;D-14-kitchen and butlers.pantry doors S00. Plumbing 1 50022 'Rinnai R7.5LSi Tankless Water Heater $575.71 1 52410 Kitchen Sink McAllister 11600 Under mount single bowl stainless steel 32"x 18"-9" $573.5.7 .deep- 18 gauge(include perimeter polishing). Includes cutout,finish and installation. 550 Electrical Options 3 -55011 --Additional-Single-Pole-Switch-(Non=standard locationp- $300:00: extended foyer-for eyeball in front of butlers pantry, pre wire over soaking tub,kitchen 'island lights 2 55040 Single 6"Eyeball Light-switch sold separately $280.00 Great room fireplace,use existing switched outlet, deleting switched outlet; extended foyer(switch on other option) 2 55043 Single 6"Recessed Light-ILO standard.fixture $100.00 extended foyer 3 55051 Additional Television jack $225.00 2-great room, master bedroom,bedroom 2, den (2 included in home) 1 55072 Interior GFI Duplex receptacle $125.00 garage 1 55076 Additional Duplex Receptacle $75.00 Butlers pantry above counter with std,outlet below for undercounter ref. 5 55142 Ceiling or wall mounted fixture pre-wire. Switch sold separately. Light fixture sold $700.00 separately. Master bedroom(use existing switch,delete switched outlet), master bath over soaking tub, 2-kitchen island, 2nd added master vanity(switched with existing vanity) CONTINUED...... SELLER DATE BUYER DATE Tue,Feb 19 2013 05:29 PM Page 1 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS 0 f A M E R I C A DEV: TOA at Silver Spring(Harrisburg) HO 00000038 RANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 00.0004043 ENTERED: 12/17/2012 BUYERS: Edward A. Wetmore&Ann M. ADDRESS: 83 Presidents Drive .AGREEMENT DATE.10/26/2-012 Wetmore MODEL: HAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty . Option Description Sales.Price .580 Appliance Options 1 59118 Whirplool Single Oven Upgrade, Stainless, Gas 30"Cooktop, Dishwasher, Microwave $.540.85 -Gas line included. ILO Gourmet or Design Kitchen Standard Appliances 730 Flooring -Tile 1 73000 Tile Flooring Standard Areas includes wood base (Choice of Color&Grout) Master Bath Standard Tile Area $0.00 Laredo Taupe, 12 X 1.2-Grout:#40, Latte Hall Bath Standard Tile Area $0.00 Laredo Taupe 12 X 12-Grout:#40, Latte 77.0 Flooring-Vinyl 1 77000 Vinyl Flooring Standard Areas(Choice of Styles/Colors) Foyer ****NIA**** $0.00 _.Laundry Rm : StandardVinyE Area...... $0:00 Venture Kingsbridge VR140 Powder Room ****NIA**** $0.00 :801 Flooring Carpet 1 80000 :Carpet Flooring Standard Areas(Choice of Styles/Colors) Master Bedroom &WIC Standard Carpet Area $0.00 Red Bud-?? Bedroom 2 Standard Carpet Area $0.00 Red Bud-?? SunRoom/Screen Prch ****N/A**** $0.00 1 80200 Carpet Padding Upgrade to 112"8-Ib Bonded(Included in Berber&Level 4) Bedroom 2 Upgrade Bonded Padding $142.80 Bedroom 2 hallway ****N/A**** $0.00 CONTINUED..... ( )( ) ( )( ) SELLER DATE BUYER DATE Tue,Feb 19 2013 05:29 PM Page 2 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS 0 f A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA Vil LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A.Wetmore &Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: }-IAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty Option Description Sales Price 840 Flooring-Hardwood 1 80405 Hardwood Upgrade ILO Standard Carpet Halt to Bed 2 Level 0 $310.62 Sable 900 Custom Options 1 9001.5 CABINETRY/COUNTER/BATH ACC.:Master bath-change the 2-48"vanities on $2,832.00: 90008 to L1,Greenfield, maple,Java, HEP-CVDB4821/6.(1 door, 6 drawers, hinged rt.on one cab,and left on other)with 2 tops,center single bowls on each,#424, Shimmer Granite,no sidesp(ashes,free standing vanites;delete plate glass mirror O and side medicine cabinet: 90008 attached. 1 90016 INTERIOR MILLWORK:Add sound deadening insulation between master bedroom $0.00 and great room walls, around laundry,bath 2 and master bath backing up to bedroom 2. 1 90018 INTERIOR MILLWORK:Change all door and window casings to L2,#97P.,3112". $1,395.00 _...:.4 ...__-90019-INTEIROR-MILLWORK:-Change:all baseboards:to 5.1./4",......._ -.__ _.. ...._._ . .-.-.---$901:00 1 90020 INTERIOR MILLWORK:Change all door hardware finish to Venetian Bronze, $385.00 including exterior doors, all hinges and front door kickplate. 1 90022 PLUMBING: Rough in for future water softener in storage room above garage; $572.00 includes required outlet. 1 90026 CUSTOM KITCHEN: Gourmet kitchen layout with following changes:add Z onto $5,844.00 island &sink wall;add double trash cab,tilt down soap.tray,beadboard on rear of island wrapping around half wall&returning to side of island (not on side of island),3 drawers under cooktop(top false),3 drawers in BT27 of isid and rope/crown molding. L1-Greenfield, maple, antique white all cabinets but island to be Greenfield,maple,Java. KITCHEN PRICED IN ITS ENTIRETY-NO OTHER OPTIONS ATTACHED. INCLUDES TOP&APPLIANCES 1 90030 INTERIOR ALERATIONS:Add a 2 X 6 wall between the kitchen and dining room, $100.00 turn studs behind the refrigerator to create a 4" recess;framing dimension: 50"W X 75" H.; include a recessed outlet for ref.;extra 2"taken from dining room. 1 90035 INTERIOR MILLWORK: Change the standard crown molding In the foyer and dining $1,363.00 room to 2 piece crown-5"crown with Ogee molding below 3"and wall between painted with trim paint;crown to stop at corner of laundry room on right side and behind kitchen pantry in dining room on left side. 1 90036 ELECTRIC: Change the 5 standard kitchen recessed lights to 5-6"eyeball lights due $223.00 to ceiling change to vaulted on other option. CONTINUED..... SELLER DATE BUYER DATE Tue,Feb 19 2013 05:29 PM Page 3 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) HOUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A.Wetmore&Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE'10/26/2012 Wetmore MODEL: HAN/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Qty. Option Description Sales Price 1 90037 LIGHTING: Delete standard light fixtures over vanities in master bath-1 and bat 2-1 25.00- for a total of 2;customer to install after settlement. 1 90038. LIGHTING:Change the finish on the 4 standard ceiling lights in the hall to bedroom 2, $25.00 hall from great room into master bedroom, master bedroom walk in closet, and laundry to 10835 OZ. (finish change only) 1 90058 'BATH ACCESSORIES:Change the standard 4'hinged shower door with fixed panel $0.00 in the master bath to a 5'Infinity semi frameless slider,silver frame, clear glass to be used on a 5'the shower,standard threshold,fiberglass base. 1 9006.0 CABINETRY/COUNTER/TILE FLOOR: Change the single master vanity to 2 $1,541.00 separate vanities,48", L1, Greenfield, maple,Java, CVC4821 T-2 doors, 2 drawers with 2 standard color cultured marble tops,center bowl, no sidesplashes-mirror change on other option. Includes second faucet 1 90061 BATH ACCESSORIES: Delete master vanity mirror and side medicine cabinet; $62.0.0- standard mirror and side medicine cabinet to remain in bath 2. 1 90062 CABINETS/COUNTER: Butlers pantry-standard design deleting SB24, leaving a $3,417.00 24"opening for future undercounter refrigerator;no glass doors, no sink or faucet, L1, Greenfield, maple, Java withstandard.granite counter(Gris Perla) no backsplash, roundover edge. 1 90064 FLOORING-CARPETING: Upgraded 8 Ib. padding in master bedroom and walk in $319.60 ......_._. .._. 1 90065 FLOORING-WOOD: Change the std.carpeting in the extended foyer to LO wood, $1,522.00 Harrington, Sable(custom home) 1 90066 FLOORING-WOOD: Change the std.carpeting in the den to LO wood, Harrington, $1,680.00 Sable (custom home) 1 90067 FLOORING-WOOD: Change the std.carpeting in the dining room to LO wood, $1,557.00 Harrington,Sable(custom home) 1 90068 .FLOORING-WOOD: Change the std.carpeting in the great room to LO wood, $3,213.00 Harrington,Sable(custom home) 2. Total of any previous addendums: $22,710.20 Additions/Credits selections as noted above: $31,261.01 New Options Total: $53,971.21 3. The sales price of this Agreement of Sale ishall be changed as follows: Base Sales Price: ~ $309,900.00 Less Incentives: $12,000.00- Lot Premium: $20,000.00 CONTINUED..... SELLER DATE BUYER DATE Tue,Feb 19 2013 05:29 PM Page 4 of 5 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE TRADITIONS O F A M E R I C A DEV: TOA at Silver Spring (Harrisburg) OUSE: 00000038 CHANGE ORDER#: 003 SELLERS: TOA PA VII LP-Silver Spring CASE: 000004043 ENTERED: 12/17/2012 BUYERS: Edward A.Wetmore&.Ann M. ADDRESS: 83 Presidents Drive AGREEMENT DATE:10/26/2012 Wetmore MODEL: HAN"/HANCOCK EST SETTL DATE: 08/07/2013 ELEVATION: 101/1 STORY SLAB ON GRADE Options Total: $53,971.21 Total Sales Price: $371,871.21 4. Buyers deposit amount shall be increased by: $0.00 NO ADDITIONS OR CHANGES-ARE-ACCEPTED-AFTER BUYER-INiTIALS-EACH PAGE-OF THIS DOCUMENT. It is hereby understood and agreed by and between Buyer and Seller that: 1. The Agreement of Sale shall be modified to include the addition of structural options herein. 2. The Purchase Price and Deposit in the Agreement of Sale shall be amended herein. 3. Except as herein expressly amended,the Agreement of Sale is hereby ratified and affirmed in all respects,and all terms and provisions of the Agreement of Sale shall remain as set forth therein. The Buyer and Seller have read this Addendum and agree to be legally bound by signing below. (Signature) (Entity) Seller (signature) (Date) Buyer(1) (signature) (Date) Buyer(2) Tue,Feb 19 2013 05:29 PM Page 5 of 5 4/19/13 HKWLLC Mail-Wetmores Ann Wett'nore <awetmore@ilkwllc..--oM'- t,Oca3lc Wetmores Ann Wetmore <awetmore@hkwllc.com> Mon, Apr 15, 2013 at 3:40 PM To: njameson@traditionscapital.com Mr. Jameson, We received your letter dated April 10, 2013. Ed and I have consulted with legal counsel and have been advised that we are entitled to a refund of the monies paid to Traditions of America. In order to avoid the cost of litigation, I would like to meet with you to discuss a mutually agreeable resolution. Please let me know when you are free to meet. Regards, Ann Wetmore Ann M.Wetmore Henderson Kashmere Wetmore,LLC 717-214-1182 hNnc•//mail nnnnla rnm/mailhdN?ni=2&ilrf63ric92c6f&Nev�--ot&search=sent&mso=13e0f36c400b5174 1/1 4/19/13 HKWLLC Mail-Wetmores A., j� Ann Wetmore <awetniore@hkW11c.c0rn> Wetmores Nathan Jameson <niameson@traditionscapital.com> Tue, Apr 16, 2013 at 12:00 AM To: Ann Wetmore <awetmore@hkwllc.com> Mrs. Wetmore: This e-mail will acknowledge receipt of your electronic communication below. In my experience, cancellations of this sort are very rare, but I have yet to,find an attorney who believes the Seller's Remedies in the Agreement unclear. When we originally spoke, I believe that as a courtesy I offered to retain less than the full deposit. Of the $16,495 in earnest money deposit, I offered to refund $4,000 and retain $12,495. The fees paid for the Custom Home plans were due when paid and unrecoverable. In an effort to resolve this quickly and amicably, I will once more extend the same offer as I did on the phone — a refund of $4,000 of the $1.6,495. If this is acceptable, we will send to you a Release evidencing our agreement. If it is unacceptable, you may have your legal counsel send any future correspondence to me. Very truly yours, Nathan Nathan W.Jameson,Director of Operations IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW ANN WETMORE AND EDWARD WETMORE, Plaintiffs, TRADITIONS OF AMERICA, LP and " • " E TOA PA VII, LP, : No. 14 -CV -6399 Defendants. • C-) ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendants, TRADITIONS OF AMERICA, LP and TOA PA VII, LP, in the above -captioned matter. Date: Respectfully Submitted: FANELLI, EVANS, & PATEL, P.C. By: 1 IJO, ALi E . PR's C " QUIRE Court ID# 208315 The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW ANN WETMORE AND EDWARD : No. 14 -CV -6399 WETMORE, Plaintiffs, TRADITIONS OF AMERICA, LP and TOA PA VII, LP, Defendants. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the foregoing Entry of Appearance upon the person and in the manner indicated below. Date: SERVICE BY U.S. FIRST CLASS MAIL, ADDRESSED AS FOLLOWS: Peter M. Good, Esquire Joseph S. Swartz, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 FANELLI, EVANS & PATEL, P.C. BY: E ` C P OC , ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION—LAW c�. ANN WETMORE AND EDWARD : No. 14 -CV -6399 WETMORE, Plaintiffs, TRADITIONS OF AMERICA, LP and TOA PA VII, LP, Defendants. DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Traditions of America, LP and TOA PA, VII, LP, by and through the undersigned counsel, and respectfully submit the following preliminary objections to Plaintiffs' complaint, and in support thereof state as follows: 1. On or about November 4, 2014, the Plaintiffs, Ann and Edward Wetmore ("Plaintiffs") filed a three -count civil complaint against the Defendants, Traditions of America, LP ("TOA") and TOA PA VII, LP ("TOA PA"), alleging claims of fraud, unjust enrichment, and violations of the Unfair Trade Practices and Consumer Protection Law ("UTPCPL") purportedly arising out of a contractual agreement to purchase a home. 2. Plaintiffs admit that the above -captioned action is premised upon a Sales Agreement for new construction at the Silver Springs residential development in Mechanicsburg, Pennsylvania. Complaint at ¶¶ 6, 7. 3. Plaintiffs aver that on October 6, 2012, they walked through a Hancock model home at the Silver Springs development and began identifying options they wanted to consider. See id. at ¶ 9. 4. Plaintiffs contend that on October 7, 2012 an employee of the Defendants provided them with a marked -up floor plan of a Hancock model home. See id. at ¶ 10. 1 5. Plaintiffs allege that on October 26, 2012, the same employee outlined the estimated cost of the options they had selected and indicated that the total pricing would be $336,333.00. See id. at ¶ 11. 6. During an alleged subsequent discussion with the employee on October 28, 2012, revisions were made to the list of options Plaintiffs selected, which resulted in a new price estimate—$338,380.00. See id. at ¶ 12. 7. Later that day, Plaintiffs allege that Defendants' employee informed them that they would need to sign a Sales Agreement in order to guarantee the price of the home they had discussed up to that point. See id. at ¶ 13. 8. Plaintiffs contend that they signed the Sales Agreement and provided Defendants with $16,495.00 in Earnest Money. See id. at ¶ 14. 9. Plaintiffs attached the Sales Agreement to their Complaint as Exhibit A. The Sales Agreement is dated October 28, 2012 and is executed by both Plaintiffs and an authorized agent of TOA PA. The Sales Agreement is not signed by any authorized representative of TOA. 10. The Sales Agreement indicates that the Total Purchase Price was $317,900.00. That price quote was based upon the base price of the home and did not include any extra charges for additional options or upgrades. 11. The Sales Agreement indicated that after credit was given for the Earnest Money deposited at signing, $301,405.00 would be due at Settlement. 12. However, the Sales Agreement clearly and unequivocally indicated that TOA PA reserved the right to adjust and/or modify the pricing of the model homes and the various elevations of the model homes at any time. 2 13. Moreover, the Sales Agreement also clearly and unequivocally provided that the Total Purchase Price did not include the costs of options and upgrades and that the costs of options and upgrades would be added to the Total Purchase Price so that the Plaintiffs would be required to pay the Total Purchase Price and the cost of options and upgrades at the time of Settlement. 14. The Sales Agreement also stated that options, upgrades, and design selections were required to be made five (5) months prior to Settlement and that a deposit in the amount of twenty-five percent (25%) of the gross amount of the design order was due at the time of selection. 15. At or around the time of executing the Sales Agreement containing the foregoing terms and conditions, Plaintiffs were allegedly given an estimate of their closing costs, which included all applicable fees and costs, including but not limited to mortgage fees, transfer taxes, and title insurance. See Complaint, at Exhibit E. The estimated costs provided to the Plaintiffs totaled $323,752.25, which meant that approximately $307,257.45 would be due at closing. See id. 16. Plaintiffs allege that on or about November 21, 2012, they were informed that additional fees would be required to move forward with custom design. See Complaint at ¶ 23. Specifically, they were purportedly told that a $2,000.00 fee for custom design work and a $375.00 appraisal fee would be required. See id. at ¶ 24. 17. Plaintiffs apparently asked whether additional fees would be required at Settlement, and they were allegedly told that no additional fees would be required. See id. at ¶ 25. Plaintiffs allegedly paid the aforementioned additional fees. See id. at ¶ 26. 3 18. Plaintiffs contend that on or about February 15, 2013 they received lists of options related to their custom built house. See id. at ¶ 28. Plaintiffs contend that the prices reflected therein were different from, and higher than, initial price quotes and that some of the options included in the lists of options were not chosen by them. See id. at ¶ 30. 19. Plaintiffs assert that revised lists of options were provided to them on February 19, 2013. See id. at ¶ 31. The Plaintiffs allege that the prices included in the revised lists of options contained inflated prices and options that were not chosen by them. See id at ¶ 32. 20. Plaintiffs subsequently requested cancellation of the Sales Agreement and a refund of all monies paid by them to TOA PA, which totaled $18,870.00. See id. at ¶¶ 33, 41. 21. Defendants, having done nothing wrong and being under no obligation to refund the deposits, refused to do. 22. The Plaintiffs proceeded to file the above -captioned complaint on or about November 4, 2014. 23. Defendants were served with the complaint on or about November 19, 2014. 24. As explained in more detail in the accompanying brief, the Defendants file the instant preliminary objections on the following grounds: (i) Defendant TOA must be dismissed from this litigation because the complaint lacks facts establishing that TOA played any role in the transactions or events undergirding the complaint; (ii) The entire complaint must be dismissed because there is a binding, enforceable Arbitration Clause and the subject matter of this complaint falls within the fair scope of that Clause; (iii) The common law fraud claim (Count I) must be dismissed because the Gist of the Action Doctrine and the Parol Evidence Rule preclude it by law, and because the basis for the claim is prohibited by the very terms and conditions of the Sales Agreement; 4 (iv) The unjust enrichment claim (Count II) must be dismissed because quasi - contract remedies are unavailable in situations like that at bar, where a written, enforceable contract exists; (v) The UTPCPL claim (Count III) must be dismissed because the Gist of the Action Doctrine and Economic Loss Doctrine preclude it by law, and because the basis for the claim is prohibited by the very terms and conditions of the Sales Agreement; and (vi) The Plaintiffs' damages must be limited to recovery of their $16,495.00 deposit pursuant to the terms and condition of the Sales Agreement. WHEREFORE, the Defendants, Traditions of America, LP and TOA PA, VII, LP, respectfully request that this Honorable Court grant the instant preliminary objections in their entirety for the reasons set forth both herein and in the accompanying brief. RESPECTFUL ITTED, 4ERI . PR C , E IRE Attorney I.D. No. 208315 FANELLI, EVANS & PATEL, P.C. The Necho Allen No. 1 Mahantongo Street Pottsville, PA 17901 570-622-2455 (phone) 570-622-5336 (fax) Counsel for Defendants 5 VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent it is based upon information I have given to counsel, it is true and correct to the best of my knowledge, information and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A Section 4904, relating to unsworn falsification to authorities. PETER YESNER Director of Corporate Operations Traditions of America, LP VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent it is based upon information I have given to counsel, it is true and correct to the best of my knowledge, information and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A Section 4904, relating to unsworn falsification to authorities. PETER YESNER Director of Corporate Operations TOA PA, VII, LP SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny Sheriff R Anderson E 4. PRO; Jody S Smith rtl' I r Chief Deputy L i Q� © P i Richard W Stewart Solicitor �:;��s� . r,rr _ �i,,,gRirc cu:Mp 5'�(LVNNIA9 4 Ann Wetmore (et al.) vs. Traditions of America, LP (et al.) Case Number 2014-6399 SHERIFF'S RETURN OF SERVICE 11/19/2014 11:05 AM - Deputy Brian Barrick, being duly sworn according to law, served the requested Complaint Notice by handing a true copy to a person representing themselves to be Theresa Wolfe, Office Coordinator, who accepted as "Adult Person in Charge" for TOA PA VII, LP/ 15 Presidents Dive, • e Spring Township, Mechanicsburg, PA 17055. � BRIAN BARRIC , DEPUTY 11/19/2014 11:09 AM - Deputy Brian Barrick, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Ther -_a Wolfe, Office Coordinator, who accepted as "Adult Person in Charge" for Traditions of Amer', a, P at 15 Presid Drive, Silver Spring Township, Mechanicsburg, PA 17055. N BARRICK, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, November 21, 2014 RONN'S' R ANDERSON, SHERIFF tc? CountySui:e Sherifr, Teieosott Inc.