ISAOO. Coal 2016-23391-9 Declared? Wm Downy Helm-maven ammo 1-39 m. Foe Judleieisntomoihmm Cm mumwhumd Humanitarian Monaco IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PA CIVIL ACTION - LAW COMMONWEALTH OF NO. 2016-2389] v. THE CUTLER GROUP, INC. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR STAY OF PROCEEDINGS PENDING THE DISPOSITON OF THE APPEAL TO THE SUPREME COURT IN COMMONWEALTH OF v. GOLDEN GATE NATIONAL SENIOR CARE LLC Defendant The Cutler Group, Inc. (?Cutler Group" or ?Defendant? ?les this Memorandum of Law in support of its Motion to Stay the Proceedings in this matter pending the Supreme Court?s ruling on the appeal in Commonwealth of v. Golden Gate Nationoi Senior Core. LLC. 1. MATTER BEFORE THE COURT The matter before this Honorable Court is Defendant Cutler Group?s Motion to Stay the proceedings in this case pending the Supreme Court?s ruling on the appeal in Commonwealth of v. Golden Gate National Senior Care, LLC, which is a pending action now before the Supreme Court that will be dispositive of numerous issues material to the present matter. II. STATEMENT OF THE QUESTION QUESTION 1: Should the Court grant a stay of all proceedings in the present matter until the Supreme Court issues a ruling in the currently pending appeal of the decision in Commonwealth ofPennsyivonio v. Golden Gate National Senior Care. LLC, e! oi. No. 336 MI). 2015. (Commonwealth Court EM 5) l6 MAP 2017]? - Gammra-Mt-QWH Commonernmaasam.m $0.00. SUGGESTED ANSWER: Yes. This Court should enter an Order (in the form attached hereto) staying this matter until the Supreme Court issues its ruling in Commonwealth of v. Golden Gate National Senior Care, LLC because the Court may eliminate Plaintiff?s ability to bring a claim for restitution and disgorgement of pro?ts as a matter of law which would significantly narrow and potentially dispose of the issues in this case and it would be a waste of judicial resources as well create an tumecessary expense for the parties to proceed with the ?ling of preliminary objections piecemeal and commence discovery on matters that may be eliminated. Ill. STATEMENT OF THE RELEVANT FACTS AND PROCEDURAL HISTORY On October 3, 2016, the of Of?ce of Attorney General (hereinafter ?the Commonwealth" or ?Plaintifi"), ?led a Complaint in the instant action alleging that the Cutler Group violated the Unfair Trade Practices and Consumer Protection Law (hereinafter, ?Consumer Protection Law?), 73 RS. et seq., by failing to comply with building code, manufacturers? recommendations and industry standards in constructing new homes using stucco as part of their exterior ?nish (Count by failing to comply with the express warranty it gave to the original purchasers of the homes (Count 11); by making substandard repairs and failing to address defects as promised and warranted (Count Ill); by failing to comply with the implied warranty of habitability (Count and for failing to comply with the implied warranty of workmanship (Count V). A true and correct cepy of the Complaint is attached hereto as Exhibit The Commonwealth brings these claims on behalf of approximately [84 consumers of which approximately 133 of the claims are barred as a matter of law. More speci?cally, 91 of the claims are barred by the applicable statute of repose; 47 (20 of which are not included in the $0.00. The filer certi?es that this filing complies with the provisions of the Public Access Policy of the Uni?ed ?ling con?dentiai information and documents di??erentiy than non-con?dentiai information and documents. Caseti 2016-23891'9 Docketed at Montgomery County Prothonotani on 0?/1 8/201 8 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial Courts that require claims subject to the statute of repose) are brought on behalf of secondary purchasers and therefore are barred pursuant to the Supreme Court?s decision in Conway vi Cutler, 77 A.3d 1257 (Pa. 2013) which precludes secondary purchaserfrorn pursuing claims based upon breach of the implied warranty of habitability; and 30 (22 of which are not included in the claims subject to the statute of repose and/or are not secondary are involved in independent litigation against the Cutler Group and therefore their claims cannot be pursued by the Attorney General in this action. Of the remaining consumers, only approximately 26 out of 184 cases brought to the attention of the Consumer Protection Agency are original owners who have purportedly suffered any damages and have standing to actually bring claims which are subject to all of the Cutler Group?s defenses. As part of the remedy it requests in each Count of its Complaint, the Commonwealth asks for inj unctive relief, and requests that the Cutler Group be required to pay full restitution pursuant to Section 201?4.l of the Consumer Protection Law and disgorge all pro?ts it derived from the complained of transactions [Complaint, Exhibit pp. 15, 18, 21, 25, 28]. However, approximately nine years before the Commonwealth brought this action, the Cutler Group ceased using any type of stucco exterior ?nish on any heme it constructed and has not built a home with stucco since 2008. Accordingly, even if the Supreme Court rules in its favor, the Commonwealth would be precluded from obtaining injunctive relief for the 26 consumers who even have standing Since the Cutler Group has ceased building stucco homes so that the complained about conduct would not reoccur absent an injunction and would therefore be barred from obtaining any monetary relief. See Commonwealth of 12. TAP Pharmaceutical Products, 36 A.2d 1197, 1243 (Pa. melth that a grant of injunctive relief is a prerequisite to an award of restoration under the 73 RS. ?ling con?dential information and documents differently than non~oon?dential information and documents. Cast-zit Docketed at Montgomeiy County Prothonotaly on 07/18/2018 9:39 AM, Fee $0.00. The filer certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed - Judicial System of Case Records of the Appellate and Trial Courts that require Recognizing that it has not used stucco for over ten years and the majority of consumer claims against the Cutler Group are barred as a matter of law, the Commonwealth nonetheless has selectively opted to pursue only the Cutler Group while not prosecuting the larger national retail builders such as Toll Brothers, Pulte and K. Hovnanian who have built more stucco homes than Cutler and are believes to have continued to use stucco after 2008. After being served with the Complaint and through June 14, 2018, the Commonwealth gave the Cutler Group an inde?nite extension of time to ?le a responsive pleading and the parties jointly agreed to stay this matter so that they could conduct settlement negotiations. Signi?cant to these discussions was an opinion issued by the Commonwealth Court on March 22, 2017 in Commonwealth of v. Golden Gate National Senior Care, LLC, 158 A.3d 203 (Pa.melth. 2017) holding, inter alia, that the Commonwealth of was not a ?person? as de?ned in the Consumer Protection Law and, therefore, cannot recover restoration damages under Section 4.101" that law. lot, 158 A.3d at 227230. The Commonwealth Court?s determination relied on the 2014 Supreme Court decision in Meyer v. Communioi College of Beaver County, 93 A.3d 806 (Pa. 2014), that speci?cally held that the legislature did not intend the de?nition of ?person? in the Consumer Protection Law to include political subdivisions and their agencies and, therefore, the Commonwealth and its agencies could not be a ?person? liable under the provisions of that law. Golden Gate, supra, 158 A.2d at 227, quoting Meyer, supra, 625 Pa. at 814. The Commonwealth Court then discussed the decision of the United States District Court for the Southern District of New York in In re: Methyl Tertiary Buiyl Ether (MTBE) Products Liability Litigation, 2015 WL 4092326 (S.D.N.Y, Master File No, i:00~1898, MDL 1358 July 2, 20l5) which was speci?cally presented with the issue of whether the Commonwealth could be The ?ler certi?es that this ?ling complies with the provisions of the Pablic Access Potlcy of the Unified Judicial System of Case Records of the Appellate and Trial Courts that require ?ling con?dential information and documents differently than non-con?dential information and documents. Casett 2016-23891-9 Docketed at Montgomery County Prothonotery on 07/18/2018 9:39 AM, Fee entitled to restOration damages under the Consumer Protection Law and held that, because a political subdivision agency could not be a ?person? liable under the Consumer Protection Law, it could not be a ?person in interest? entitled to restitution under the provisions of that law. Further, as defendants point out, counting the Commonwealth as a ?person in interest? would stretch the statutory de?nition beyond its plain meaning. It is even more troubling to give ?person? different meanings in different sections of the same Statute, especially after the Supreme Court recently de?ned the term without explicitly limiting its meaning. After considering various statutory interpretation arguments, the Meyer [11] Court excluded the and its agencies as ?persons? under the and gave no indication that the result would or should be different in the enforcement context. A contrary ruling in this case would appear to defy Meyer and do violence to the statutory scheme. Golden Gate, supra, 158 A.3d at 230. The Commonwealth Court held, Accordingly, the District Court concluded that the Commonwealth was prohibited from seeking restoration under the We ?nd the District Court?s analysis compelling and, 'forfthe reasons stated therein, similarly conclude that the Commonwealth may not seek restOration under the in this case. Golden Gate, 158 A.3d at 230. Under the decision by Commonwealth Court as aforesaid, the Commonwealth in this action would be precluded from recovering any restitution damages. The Commonwealth appealed the Golden Gate case to the Supreme Court [No 16 MAP 2017] and oral argument was held on May 16, 2018. If the Supreme Court?s ruling affirms the holdingtha?t the Commonwealth cannot recover restoration damages under Section 201 .41 from a defendant under the Consumer Protection Law, the issues in this matter will be signi?cantly narrowed, making a settlement in this matter substantially more likely as the Commonwealth?s claims for restitution and disgorgement of pro?ts would be eliminated. Based on its wellvreasoned opinion, M, Fee $0.00. The ?ler certi?es that this ?ling'complies with the provisions of the Public Access Policy of the unified ?ling con?dential information and documents differently than non-con?dential mfonnatlon and documents. Cases! 2016-23891?9 Docketed at Montgomery County Prothonotary on. 0W1 $2018 9:39 A. Judicial System of Case Records of the Appellate and Trial Courts that reqwre the Supreme Court is likely to af?rm the Commonwealth Court?s holding in Golden Gate, which would necessarily warrant the dismissal of the Commonwealth?s claims for restitution and disgorgernent of pro?ts in this matter. In addition, because the Cutler Group completely ceased using any type of stucco exterior ?nish on any home they constructed many years before the Commonwealth brought this action, the Commonwealth?s request for injunctive relief is meot. See TAP Pharmaceutical, supra. This issue will be the subject of preliminary objections which should be ?led together with any issues resulting from the decision in Golden Gate National Senior Care. On April 27, 2018, a Case Management Conference was scheduled in this action for June 6, 2018. Because the parties were unavailable on that date, an Order was issued on May 18, 2018 continuing the Conference. A subsequent Order was issued on June 4, 2018 rescheduling the Case Management Conference for July 26, 2018. Following the rescheduling of the Case Management Conference, on June 14, 2018, the Commonwealth?s counsel sent Notice of 'l?errnination of Extension of Time to File a Response to Complaint and directing the Cutler Group to ?le a responsive pleading to the Complaint on or before July 17, 2018. Counsel for the Cutler Group requested that the Commonwealth agree to a stay of proceedings until the resolution of the Golden Gate ease and the request was refused in light of the pending Case Management Conference and the Cutler Group?s refusal to include secondary home buyers in any settlement as a result of the Conway decision. Based on the following, a stay should he issued. 1V. ARGUMENT In it is well settled that ?the trial court has inherent power to stay the proceedings in one case during the pendency of another case which may resolve or moot the case ?ling con?dential information and documents differently than non?con?dential information and documents, Casett 2016?23891-9 Docketed at Montgomery County Pmthonotary on 07/18/2018 9:39 AM, Fee $0.00. The ?ler certi?es that this filing complies with the provisions of the Public Access Policy of the Uni?ed Judicial System of Case Records of the Appellate and Trial Courts that require which has been stayed.? Gwynedd Properties, Inc. Port of Supervisors of Lower Gwyn-edict Twp, 635 A.2d 714, 718 1993). See also In re Perm Delco School District, 903 AM 600 (Pa.meith. 2006) (?atrial court possesses broad discretion to grant or deny stay or place the matter in abeyance. . . [w]ithin its discretion, a trialcourt possesses the inherent power to stay a case during the pendency of another matter which may resolve the stayed case?). In Luckett v. Blaine, 850 A.2d 811, 819 (Pa.melth. 2004), the court con?rmed that ?[e]very Court has the inherent power to schedule disposition of the cases on its docket to advance a fair and ef?cient adjudication. Incidental'to this power is the power to stay proceedings, including discovery. How this can best be done is a decision properly within the discretion of the trial court.? Luckett, 850 A.2d at 819. Applying this established precept, the court in Lucketi stayed discovery before ruling on the preliminary objections of the defendants in the nature of a demurrer. Id. The Lucketz Court reasoned that a party should not be burdened with discovery demands before being given the opportunity to Show that the claims raised in the Complaint fail to state a legally cognizable cause of action. Id. In the present matter, if the Supreme Court of af?rms the Commonwealth Court?s decision in Golden Gate hoiding that the Commonwealth cannot recover restoration damages in an action under the Consumer Protection Law, it inevitably foliows that Plaintiff?s claims for restitution and disgorgement of pro?ts would have to be dismissed as a matter of law. Undoubtedly, it is a waste of judicial resources and expense for the parties to proceed with pieadings practice and discovery when the present state of the law on appeal requires dismissal of the Plaintiff?s claims for restitution and disgorgernent of pro?ts, and the Supreme Court is now going to be determining the validity of the legal theory before this Court and most likely will eliminate Piaintifi?s ability to bring a ciairn for restitution and disgorgernent of pro?ts $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed tiling con?dential information and documents differently than non-con?dential information and documents. Casett Docketed at Montgomery County Prethonotaiy 9:39 Alli, Fee Judicial System of Case Records of the Appellate and Trial Courts that requrre as a matter of law. Plaintiffs wOuld not be prejudiced by the imposition of a Stay because the Cutler Group ceased using any type of stucco in the exterior ?nishing of its houses as alleged in the Complaint many years before the instant action was brought, therefore obviating any need for immediate injunctive relief. IV. CONCLUSION AND REQUEST FOR RELIEF Because the Supreme Courtfs decision in Commonwealth of v. Golden Gate National Senior Care, LLC will most likely eliminate the Commonwealth?s claims I for restimtion darnages and disgorgement of pro?ts, and because a stay will not prejudice the Commonwealth in any way, it is respectfully requested that this Court stay the instant matter until the Court issues its decision in Commonwealth of v. Golden Gate National Senior Care, LLC, at al., No. 16 Respectfully submitted, SPECTOR GABON ROSEN, P.C. BY: Attorney ID. #13396 ennifer Myers Chalal Attorney -I.D. #77841 1635 Market Street, Floor Philadelphia, PA 19103 215-241?8888 Dated July 17, 2018 Counsel for Defendant, The Cutler Group, Inc. 07/18/2018 9:39 AM, Fee $0.00. The ?ler certifies that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed Case# 2016-23891?9 Docketed at Montgomety County Prothonotary on Courts that require ?ling con?dential information and documents differently than non-con?dential information and documents. Judicial System of Case Records of the Appellate and Trial Exhibit provisions of the Public Access Policy of the Uni?ed -con?dential information and documents. 3* zom-mram $0.00. The ?ler certi?es that this ?ling complies with the Courts that require ?ling con?dential information and documents di??erently than non zen?anew: Casett 2016-23891-9 Docketed at Montgomery County Prothonotary on 0711812018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial I?ll! For Protbonotary Use Only Docket No: lag/2 r" {if The infomzation 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: Complaint Writ of Summons Petition [3 Transfer horn Another Jurisdiction [3 Declaration of Taking Lead Plaintiffs Name: Load Defendant's Name: Commonwealth of PA, Of?ce of Attorney General The Cutler Group Inc, dlbla The David Cutler Group 7 Dollar Amount Requested: Ewithin arbitration limits Are money damages requested? Yes No (check one) .outside arbitration limits Is this a Class Action Suit? UYes No Is this an MDJ Appeal? Yes No Name Attorney: SARAH A. E. FRASCH, Chief Deputy Attorney General Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an to the left of the QNE case category that most accurately describes your 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) Intentional Malicious Prosecution Motor Vehicle Nuisance Premises Liability a Product Liability (does not include muss tort) El Slander/Libel! Defamation Other: NIASS TORT Asbestos Tobacco Toxic Tort - DES Toxic Tort - Implant Toxic Waste Other: CONTRACT (do not include Judgments) Buyer Plaintiff [3 Debt Collection: Credit Card [3 Debt Collection: Other Employment Dispute: Discrimination Employment Dispute: Other Complaint ivil Action Fee:5270.00 Mark Levy - MonICo Prothonotary CIVIL APPEALS Adminish?ativetAgencies Board of Assessment Board of Elections Dept. of Transportation Statutory Appeal: Other Board 2016~23891-0000 10 5 2016 10:17 AM 3 10985756 PROFESSIONAL LIABLITY [3 Dental Legal Medical Other Professional: REAL PROPERTY Ejectment - Eminent Domain/Condemnation Ground Rent Landlord/Tenant Dispute Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial Partition Quiet Title Other: MISCELLANEOUS Common Law/Statutory Arbitration Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order Que Warranto Replevin Odler: . .Actlon pursuant to PA Unfair Trade Practices and Consumer Protection - Law, 73 P.S. 201?1, et seq. Updated 1/1/20} $0.00 Theater certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed ?dential information and documents di??erently than non-confidential information and documents. (Deceit 2016438918 Docketed at Montgomery Gaunty Prothonotary on (17/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial Courts that reqmre ?ling con IN THE COURT OF PLEAS OF MONTGOMERY COUNTY, CIVIL TRIAL DIVISION COMMONWEALTH on Of?ce of Attorney General Term, 2016 v. Plaintiff No. 2., CIVIL ACTION - EQUITY THE CUTLER GROUP, INC. d/b/a The Bath! Cutler Group 5 Apollo Road, Suite One Plymouth Meeting, 19462 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action Within twenty (20) days after this complaint and notice are served, byentering 'a written appearance personally or by attorney and ?ling 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 HERE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT FEE OR NO FEE. LAWYER REFERENCE SERVICE MONTGOMERY BAR ASSOCIATION Airy Street (REAR) NORRISTOWN, PA 19401 (610) 279-9660, EXTENSION 20}. 00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed? ?dential information and documents differently than non~confidential information and documents. ?9 Docketed at Montgomery County Prothonotety on 07/18/2078 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial Courts that reqwre filing con Case?! 2016-23391 SARAH A. FRASCH Chief Deputy Attorney General PA Attorney ID. #203529 Of?ce of Attorney General Bureau of Consumer Protection 15th Floor, Strawberry Square Harrisburg, 17120 Telephone: (215) 560-2414 Facsimile: (215) 560 2494 Email: sfrasch@attorneygeneral. gov THOMAS J. BLESSENGTON Senior Deputy Attorney General PA Attorney ID. #36674 Of?ce of Attorney General Bureau of Consumer Protection 21 South 12* Street, Floor Philadelphia, 19107 TelephOne: (215) 560-2414 Facsimile: (215) 560 2494 Email: Attorneys for Plaintiff ts. $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed the Appellate and Trial Ceurts that require ?ling con?dential information and documents differently than non~con?dential information and documen Casett 2016?23891-9 Docketed at Montgomery County Prothonotary on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of THIS IS NOT A COWULSORY ARBITRATION CASE - This case has been brought by the ComOnWealth 0f under the Unfair Trade Practices and Consumer Protection Law, 73 PS. 201-1, et seq. AN ASSESSMENT OF DAMAGES HEARING IS REQUIRED SARAH A. E. FRASCH Chief Deputy Attorney General PA Attorney ID. #203529 Of?ce of Attorney General Bureau of Consumer Protection 15th Floor, ?Strawberry Square Harrisburg, 17120 Telephone: (215) 560-2414 Facsimile: (215) 560 2494 Email: sfrasch@attorneygeneral.gov THOMAS J. BLESSINGTON Senior Deputy Attorney General PA Attorney ID. #36674 Of?ce of Attorney General Bureau of Consumer Protection 21 South 12th Street, 2nd Floor Philadelphia, 19107 Telephone: (215) 560-2414 Facsimile: (215) 560 2494 Email: Attorneys for Plainli? IN THE COURT OF COMIVION PLEAS OF MONTGOMERY COUNTY, CIVIL TRIAL DIVISION COWONWEALTH OF Of?ce of Attorney General Term, 2016 V. CIVIL ACTION - EQUITY $0.00. The ?ler certi?es that this ?ling can'tpiies with the provisions of the Public Access Policy of the Uni?ed ?dential information and documents differently than non?con?dential information and documents. fie/2018 9:39 AM, Fee ase# 2016m23891?9 Doeketed at Montgomeiy County Prothonotary on?OT . Sudiciai System of Case Records of the Appellate and Tnal Courts that require ?ling con THE CUTLER GROUP, INC. d/bla The David Cutler Group 5 Apollo One Plymouth Meeting, 19462 Defendant COMPLAINT AND NOW, comes the Commonwealth of acting by Attorney General Bruce R. Boomer, through the Bureau of Consumer Protection, which brings this action on behalf of the Commonwealth pursuant to the provisions of the Unfair Trade Practices and Consumer Protection Law, 73 PS. 201, et seq, (herein referred to as the ?Consumer Protection Law?) to restrain by permanent injunction unfair methods of competition or unfair or deceptive acts or practices in the conduct of any trade or commerce declared unlawful by the Consumer Protection Law. The Commonwealth seeks restitution pursuant to Section 201?4.} of the Consumer Protection Law. Additionally, the Comonwealth seeks appropriate civil penalties pursuant to Section 201?8(b) of the Consumer Protection Law for all violations of said law, and other equitable relief as authorized by law. In support thereof, the Commonwealth respectfully represents the following: JURISDICTION 1. This Court has original jurisdiction over this action pursuant to Section 931 of the Judicial Code, 42 mesa. 931(5). 1 2. Venue lies with this Court pursuant to Pa. R.C.P. 1006(a)(1). THE PARTIES 2 rovisions of the Public Access Policy of the Unified con?dential information and documents. $0.06. The ?ler certi?es that this ?ling complies with the tiling con?dential information and documents differently than non~ M, Fee llate and Trial Courts that require Casett 2015~23891-9 Docketed at Montgomery County Prothcnotaiy on 07/18/2018 9:39 A Judicial System of Case Records of the Appe 3. Plaintiff is the Commonwealth of acting by Attorney General Bruce R. 'Bee'rhoi?, through the Bureau Of Consunier ProtectiOn (herein rare?ed teases ?Commonwealth? and/or ?Plaintift?), with of?ces located at 21 South Street, Second Floor, Philadelphia, 19107. 4. Defendant, The Cutler Group, Inc. (herein referred to as ?Cutler? and/or ?Defendant Cutler? and/or ?Defendant?) is a for?pro?t business corporation registered with the Department of State, Bureau of Corporations and Charitable Organizations: Corporations Section (herein referred to as ?Corporations Bureau?), with a registered business address of and principal place of business located at 5 Apollo Road, Suite 1, Plymouth Meeting, 19462. BACKGROUND 5. This case involves Defendant Cutler failing to comply with relevant building codes, mannfacturers? recomendations, and industry standards in Defendant Cutler?s installation of stucco, either by itself or in connection with brick and] or stone (herein?referred to collectively as ?Cladding?), ?ashings, and other parts of construction of new homes in the Commonwealth of where stucco was used as part of the exterior ?nish of the homes, which Defendant Cutler?s failures led to water in?ltration into the homes and caused damage such as rot, decay, and mold in the homes. 6. At all times relevant and material hereto, Defendant Cutler engaged in trade and within the Commonwealth of under the name ?The David Cutler Group? by developing, constructing, and selling residential homes to consumers from a business address of 5 Apollo Road, Suite 1, Plymouth Meeting, 19462. 7. According to its current website, Defendant Cutler advertises itself as ?the largest 3 con?dential information and documents. $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Unified . Courts that require ?ling con?dential information and documents differently than non- Case?: 2016~23891e9 Docketed at Montgomery County Prothonotary on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial privately held residential builder in the Delaware Valley. A leader in the home building industry, ?David Cutler Group has'coriStructed thouSands of'exqui'site' horse's ?iareaasylvanias most coveted locations. Old world fabrication. Meticulous attention to detail. Exceptional customer service. David Cutler Group weaves these elements together to provide an unsurpassed home-buying experience. At the David Cutler Group we make the American dream of home - ownership possible.? A true and correct copy of the website is attached hereto and incorporated herein as Exhibit A. 8. The name ?The David Cutler Group? is registered with the Corporations Bureau as a ?ctitious name owned by Defendant Cutler. 9. At all times relevant and material hereto, Defendant Cutler acted, approved, endorsed, directed, rati?ed, controlled and/or otherwise participated in the conduct alleged herein. 10. At all times relevant and material hereto, Defendant Cutler acted through agents, contractors, and employees, all of Whom were acting within the course and scope of their agency, contractor and! or employment relationship with Defendant Cutler, to develop and construct the homes. FACTS ll. At all times relevant and material hereto, an employee of Defendant Cutler was to be on the premises during construction, and was to oversee the construction to ensure that the development plans were being followed and that the construction was being performed properly. 12. Stucco is a building material that is not watertight. As such, water will transfer through the stucco?exterior of the home to the weather?resistant underlayment or barrier (herein referred to as which serves as the last line of defense between water and the interior 4 provisions of the Public Access Policy of the Unf?ecl con?dential information and documents. $0.00. The filer certifies that this ?ling complies with the 18 9:39 AM, Fee Judicial System of Case Records of the Appellate and Tn?al Courts that require ?ling con?dential information and documents dl?erently than non Casett 2016-23891-9 Docketed at Montgomery County Prothonotery on 07/18/20 structure of the home. If the stucco system is not installed correctly or is too thin, the homeownerwm finishthat ?it"esuer "forward to" in?ltrate, and the longevity of the stucco will be reduced. When more water in?ltrates than the WEB is designed to handle, water in?ltration to the interior environment of the house can occur. Conversely, if the exterior stucco itself is preperly applied, but the WRB protection beneath that stucco is de?cient, water in?ltration to the interior of the home can also occur. 13. Southeast typical climate includes humidity, rain, snow, and sleet, unlike dryer parts of the country.1 14. When building homes with stucco exteriors in Southeastern it is essential to prevent bulk water from entering into the home and also to prevent water entrapment in the home; as such, correct installation of the Cladding and the WRB is necessary in order to withstand the weather and to ensure that proper draining and drying will occur (herein referred to as ?Perform?). 15. Certain building and installation methods that are acceptable for stucco homes in drier or more temperate climates will not Withstand the excess moisture of Southeastern weather, where such excess moisture leads to a higher rate of stress on the stucco, a higher incidence of cracks in the stucco, and higher destructive levels of water in?ltration. 16. In particular, construction details that allow the stucco to expand and contract, and that allow for proper sealing of dissimilar Cladding, such as the proper use of expansion joints and control joints to reduce cracking or separating from adjacent building materials, are of the utmost importance to construction in this area, are crucial, and require attention to detail to avoid i The average precipitation for Horsham, is 48.18 inches of rain per year and 26 inches of snow. In comparison, the average precipitation for Phoenix, Arizona is 8.84 inches. 172, 5 ions of the Public Access Policy of the Uni?ed Courts that require ?ling con?dential information and documents differently than non-con?dential information and documents. $0.00. The ?ler certi?es that this ?ling complies with the provls Casett 2016-23891~9 Dockets-d at Montgomely County Prothonotary on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial in?ltration of water. 17: In addition, stuccosysterns will inevitably have? some water entering the system, so it is essential that there exist continuity of the WRB and unobstructed ?ow of water, there exist properly installed ?ashings around windows, doors, and utility penetrations; at intersections of dissimilar Cladding; at the intersection of chimneys or other masonry construction with ?ame or stucco walls; under and at the ends of masonry, wood or metal copings and sills; continuously above all projecting wood trim; at the intersection of exterior walls and porches and decks; at wall and roof intersections; and at built?in gutters (herein collectively referred to as ?Flashings?), and there exist a meters for the moisture to escape the system, such as a Weep screed, in order to provide a weather-resistive envelope and to prevent entrapment of water. 18. The aforementioned construction details were understood to be requirements of the industry-acceptedstandards and accepted engineering practices of stucco construction in Southeastern during the relevant time period. 19. In many instances, Defendant Cutler, independently and/or through its agents, contractors, and/or employees, failed to provide a weather-resistant exterior, failed to properly install the stucco, failed to install a means of drainage or weep screeds, failed to properly install the WRB, and failed to properly install Flashings. Such failures were contrary to building codes, manufacturers? recommendations, and industry standards, Which are defects that caused damage such as mold, rot, and decay in consumer homes. 20. While the International Residential Code (herein referred to as the Building O?cials and Code Administrators International, Inc. Code (herein referred to as and the council of American Building Of?cials Code (herein referred to as 6 revisions of the Public Access Policy of the Uni?ed fidentiai information and documents di?ercntiy than non-confidential information and documents. $0.00. The ?lerceiti?es that this tiling complies with the Courts that require ?ling con 7/18/2018 9:39 AM, Fee Cassi-t 2015-23891-9 Docketcd at Montgomery County Prothonotaiy on?o Judicial System of Case Records of the Appellate and Tool have changed over the relevant time period, Defendant Cntler?s building practices and methods of Cladding, installation ?or ,and inStallation, or lack thereof, of ?ashings as described above herein consistently constituted noncompliance with the applicable building codes and industry standards, including, but not limited to, the following: a. The failure to design and construct the exterior wall to prevent wind and rain. For example, Section 1403.3 of the 1996 BOCA requires that ?the exterior walls shall be faced?with an approved weather-resistant covering that is properly attached to resist Wind and rain. The cellular spaces shall be so ventilated as not to vitiate the ?reblocking at ?oor, attic and roof levels, or shall be provided with an approved interior noncorrodible vapor retarder, or other approved means to avoid condensation and leakage of moisture.? Another example, Section R703.l General of the 2006 states, ?the exterior wall envelope shall be designed and constructed in a manner that prevents the accumulation of water within the wall assembly by providing a water?resistant barrier behind the exterior veneer as required by Section R7032 and a means of draining water that enters the assembly to the exterior.? b. The failure to construct homes in compliance with referenced standards. For example, Section 102.4 of the 1996 BOCA incorporates the referenced standards into the Code by stating ?The standards referenced in this code and listed in Chapter 35 shall be considered part of the requirements of this code to the prescribed extent of each such reference,? and more speci?cally, Section 2506.3 of the 1996 BOCA incorporates the American 7 Society for Testing and Materials (herein referred to as C926 "cos of the Public Access Policy of the Unified - ?ling con?dential information and documents differently than non-confidential information and documents. $0.00. The ?ler certi?es that this ?ling complies with the provisr Courts that require -23891~9 Docketed at Montgomery County Prothenotary on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial Case# 2016 and ASTM 1063mm are case, by stating ?Installation of aese m?ie?eis shall be in compliance with ASTM Standard Speci?cation for Application of Portland Cement-Based Plaster ?and ASTM Standard for Installation of Lathing and Earring to Receive Interior and Exterior Portland Cement-Based Plaster, listed in Chapter 35 and Section 2506.4. Another example can be found in the 2006 IRC Section R7036 Exterior Plaster, ?Installation of these materials shall be in compliance with and ASTM C1063 and the proirisions of this code.? Failure to provide a means of drainage. For exainple, 1996 BOCA Section 2506.3 references ASTM C926 which requires a means of drainage. Another example can be found under the 2006 Section R703.6.2.1where it is required that ?a minimum 0.019?inch (0.5 mm) (No. 26 galvanized sheet gage), corrosion-resistant weep screed or plastic weep screed, with a mien vertical attachment ?ange of 31/; inches (89 mm) shall be provided at or below the foundation plate line on exterior stud walls in accordance with ASTM 926. The weep screed shall he placed a minimum of 4 inches (102 rnrn) above the earth or 2 inches (51 mm) above paved areas and shall-he of a type that will allow trapped water to drain to the exterior of the building.? Failure to have appropriate flashings. For example, Section 14053.1() of the 1996 BOCA states, ?Approved corrosion-resistant ?ashings shall be provided at the top and sides of all exterior Window and door openings in 8 ?ling con?dential information and documents differently than nonacon?dential infonnatlon and documents. such a manner as to be leakproof. Approved corrosion~resistant ?ashings shallbe installed at the intersection cf chimneys or other masonry. construction with frame or stucco walls, with projecting lips on both sides under stucco copings; under and at the ends of masOnry, wood or metal copings and sills; continuously above all projecting wood trim; at the intersection of exterior walls and porches and decks; at wall and roof intersections; and at built~in gutters.? Another example can be found in the 2006 IRC Section R7038 Where it is required to have, ?approved corrosiouwresistant ?ashing shall be applied shing1e~fashion in such a manner to prevent entry of water into the wall cavity or penetration of water to the building structural framing Flashing at exterior window and door openings shall extend to the surface of the exterior wall finish or to the water-resistive barrier for subsequent drainage.? Defendant Cutler?s defective construction as stated above herein led to failure of certain consumers? homes? Cladding systems, resulting in damage to homes, compromise of structural integrity, impairment of home values, in?ltration of water reaching behind the WRB and/or the interior of the homes, moisture penetration, and water entrapment in and through the Cladding system, leading to mold, rot, decay and other water damage Within the home. Defendant Cutler impliedly warranted that the homes were in a workmanlike manner and in accordance with industry standards. Defendant Cutler impliedly warranted that the homes would be constructed in a way that was habitable and free of latent defects that would affect habitability. In many cases, Defendant Cutler issued an express warranty to the purchasers Case# 2016323891-9 Docketed at MontgomeryCounty-Prothonotary on 07/18/2018 9:39 AM, Fee $0.00. The ?ier certi?es that this filing complies with the provisions of the Public Access Policy of the Uni?ed Judicial System of Case Records of the Appellate and Trial Courts that require 9 one of the Public Access Policy of the Uni?ed .00. The ?ler certi?es that this ?ling complies with the provlsl $0 Trial Courts that require ?ling con?dential information and documents di?erently than non-con?dential information and documents. -2389'1~9 Docketed at Montgomery County Prothonotary on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate an CasedE 2016 who bought the homes from Defendant Cutler, warranting that, ?your home has been constructed by skilled tradesmen, using both modern methods and materials,? ?your home has been constructed in accordance with the accepted home building practice of this locality,? and the, ?premises [shall be] free of structural or mechanical defects for a period of one (1) year from the date of settlement, and Seller shall be responsible for the correction of such defects found at the premises during said one (1) year period, and shall act with reasonable promptness to repair, reconstruct or otherwise correct [such defects].? A true and correct copy of a redacted warranty of Defendant Cutler is attached hereto and incorporated herein as Exhibit B. The same or a similar warranty was used by Defendant Cutler at all times relevant and material hereto. 25. Defendant Cutler consistently failed to comply with its warranty in that Defendant Cutler?s work was not performed using modern methods in accordance with accepted building practice or certain homes were not free of structural defects. 26. Consumers reasonably reiied on Defendant Cutler?s warranty that the home was constructed using modern methods and materials and in accordance with accepted building practice. 27. Based upon the conduct and representations of Defendant Cutler, consumers reasonably believed that new homes constructed by Defendant Cutler would be built in compliance with the building code, manufacturers? recommendations, and industry practices, to be habitable, and in a workmanlike manner, when the consumers agreed to purchase the homes from Defendant Cutler. 28. The consumers who perchased homes Defendant Cutler which included defective or inferior workmanship, were not aware of Defendant Cutler?s defects in the homes at the time they purchased the homes. 10 revisions of the Public Access Policy of the Unified con?dential intonnation and documents. $0.00. The ?ier certi?es that this ?ling complies with the Courts that require ?ling con?dential information and documents dili'erently than non- Casett 2016-23891?9 pocketed at Montgomery?ounty Prothonotaiy on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial 29. The consumers would not have purchased the homes from Defendant Cutler if they had known of defects in the construction of the homes. 30. Various defects of Defendant Cotler?s construction are not readily seen or noticeable by the consumers, as the damage caused by such defects is often hidden and only discovered once the Cladding is removed, and/or the mold, rot, and decay have time to manifest; and as such, in many instances, the consumers are not aware of the defects and damage for many years after they purchased the homes from either Defendant Cutler, or as a subsequent purchaser. 31. In some cases, the defects of Defendant Cutler?s construction are so severe that the consumers experience noticeable effects Within Weeks of taking possession of their homes. 32. In one case, a consumer who purchased a home from Defendant Cutler that had been previousiy been rented to another consumer by Defendant Cutler was concerned about going forward With the purchase after seeing homes in the neighborhood being remediated for faulty construction by Defendant Cutler, but the consumer went forward with the purchase after Defendant Cutler assured him there were no issues with the home, only to discover leaks around the windows and basement shortly after moving into the home. 33. Another consumer experienced leaks around the windows shortly after moving into the home, and Defendant Cutler eventually caulkedaround the windows after the consumer contacted Defendant Cutler on numerous occasions, only to later discover that the caulking did not the problem and now the home has signi?cant rot, decay, and mold, and is in the process of remediation costing the consumer over One Hundred Twenty Thousand and 00/ 100 Dollars 34. In many instances, consumers contacted Defendant Cutler about the defects, and in some cases Defendant Cutier failed to repair the defects. ll revisions of the Public Access Policy of the Unified. ?dential infonnation and documents. $0.00. The filer certi?es that this ?ling complies with the Trial Courts that require ?ling con?dential information and documents differently than non-con Casett 2016-2389149 Docketed at Montgomery County Prothonotan/ on 07/18/2618 9:39 AM, Fee Judicial System of Case Records of the Appellate and 35. In some cases, upon being noti?ed of defects and water in?ltration, Defendant Cutler made repairs, including caulking of wiridoWs, doors, and utility penetrations, or replacing small sections of stucco. Such attempts at correCtive action did not remediate the extensive underlying issues as the home still did not Perform, nor were the repairs as Defendant Cutler failed to address similar systemic issues in the home. 36. In a number of cases, Defendant Cutler ignored consumers? attempts to contact them regarding the defects or refused to remediate the defects 37. Defendant Cutler?s defective construction caused damages that required consumers to incur ?nancial costs for repairs, inability for the consumers to re-sell their homes at market value, as well as potential health risks associated with the presence of mold. 38%? Even after Defendant Cutler was put on notice of the defects, Defendant Cutler continued to use the same substandard construction practices. 39. The Of?ce not" Attorney General, Bureau of Consumer Protection (herein referred to as ?Bureau?) has received numerous consumer complaints against Defendant Cutler?s business practices. 40. The Commonwealth believes and therefore avers that there are additional consumers Who have not ?led complaints with the Bureau and have also been harmed due to the methods, acts and practices of Defendant Cutler, Which include, but are not limited to, those as alleged herein. These consumers are both those who purchased the home directly from Defendant Cutler, and additionally those consumers who subsequently purchased homes constructed by Defendant Cutler, but who were not original purchasers of the homes, and were not aware of the defects at the time they purchased the homes. 41. The Conunonwealth has reason to believe that Defendant Cutler has used, is l2 ans of the Public Access Policy of the Uni?ed formation and documents. 00. The ?ler certi?es that this ?ling complies the provlsl Fee 1 ate and Trial Courts that require ?ling con?dential information and documents di?'erently than non-con?dential in - Cassi: 2016-23891?9 Docketed at Montgomery County Prethonotary on 07/18/2018 9:39 AM, Judicial System of Case Records of the Appel using, or is about to use methods, acts or practices declared unlawful by Section 201-3 of the Consumer Protection Law. 42. The Commonwealth believes that the public interest is served by seeking a permanent injunction from this Honorable Court to restrain the methods, acts and practices of Defendant Cutler. The Commonwealth believes that the public is suffering and will continue to suffer harm unless the acts and practices complained of herein are permanently enjoined. COUNT I VIOLATIONS OF THE CON PROTECTION LAW DEFENDANT CUTLER FAILED TO COMPLY WITH BUILDING CODE, AND INDUSTRY STANDARDS IN consrnucrmo NEW HOMES 43. The averrnents and allegations of the preceding paragraphs are incorporated as though the same were more fully set forth herein. 44. As speci?cally discussed herein above, Defendant Cutler failed to comply with relevant building codes, manufacturers? recommendations, and industry standards in Defendant Cutler?s installation of Cladding, ?ashings, and other parts of construction of homes in the Commonwealth of Where stucco was used as part of the exterior ?nish of the homes, which Defendant Cutler?s failures led to water in?ltration into the homes and caused damage such as mold, rot, and decay, and other deterioration to the homes. 45. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201~3 of the Consunaer Protection Law, as de?ned by Section including, but not limited to, the following: a. Section representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, bene?ts or quantities that they 13 revisions of the Public Access Policy of the Uni?ed fgdicial System of Case Records of the Appellate and Trial Courts that require ?ling con?dential information and documents differently than non-con?dential information and documents. se# 20155-238916 Docketed at Montgomery County Prothonotary on 07/18/2018 9:39 AM, Fee a $0.00. The ?ler certi?es that this ?ling complies with the do not have or that a person has sponsorship, approval, status, af?liation or connection that he does not have; b. Section representing that goods or services are of a particular standard, duality or grade, or that goods are of a particular style or model, if they are of another; and 0. Section engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 73 RS. 201-3, and (vii), and (xxi). 46. The commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201-8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/ 100 Dollars for each violation of the Consumer Protection Law, including enhanced civil penalties of Three Thousand and 00/100 Dollars for each violation involving consumer victims age sixty (60) or olden-in addition to other relief sought, as appropriate. 47. The Commonwealth believes that the public interest is served by seeking before this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution ?for consumers and civil penalties for Violation of the law. 'i?he Commonwealth believes that Citizens of the Commonwealth are suffering and will continue to suffer harm unless the acts and practices complained of herein are permanently enjoined. WHEREFORE, the Commonwealth of respectfully requests that this Honorable Court issue an Order: A. Declaring Defendant?s conduct to be in violation of the Consumer 14 as 00. he ?ier certi?es that this ?ring complies with the provisions of the Public Access Policy of the Uni?ed and Trial Courts that require ?ling con?dential infonnation and documents di?erently than non-confidential information and documents. ry on 07/18/2018 9:39 AM, Fee Cassatt 2016-23891-9 Docketed at Montgomery Judicial System of Case Records of the Appeilaz?e Protection Law; B. Permanently enjoining Defendant and all other persons acting on its behalf, directly or indirectly, from violating the Consumer Protection Law and any amendments thereto, including, but not limited to: 1. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, bene?ts or quantities that they do not have or that a person has sponsorship, approval, status, af?liation or connection that he does not have, as prohibited by Section of the Consumer Protection Law, 73 PS. 2. Representing that goods and or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another, as prohibited bylSection of the Consumer Protection Law, 73 PS. 201u2(4)(vii); and I 3. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section of the Consumer Protection Law, 73 RS. Prohibiting Defendant from otherwise idolating the Consoi'ner Protection Law and any amendments thereto; I D, Permanently enjoining Defendant from representing that the stucco, ?ashings, and WRB had been installed properly when they had not; B. Directing Defendant to make restitution pursuant to Section 201?4.1 of the Consumer Protection Law to all consumers ?who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law; 15 revisions of the Public Access Policy of the Uni?ed ?dential information and documents. $0.00. The ?ler certi?es that this ?ling complies with the ?ate and rial Courts that require ?ling con?dential information and documents differently than non~con Casett 2016?23891~9 Docketedat Montgomezy County Prothonotary on ems/2018 9:39 AM, Fee Judicial System of Case Records of the Appe F. Directing Defendant to forfeit and pay to the Commonwealth civil penalties of One Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law, and Three Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law involving consumers aged sixty (60) or older as Victims; G. Directing Defendant to disgorge and forfeit all pro?ts it has derived as a result of their unfair and deceptive acts and practices as set forth in this Complaint; H. Requiring Defendant to pay the Commonwealth?s investigative and litigation costs in this matter; and I. Granting such other general, equitable and/or further relief as the Court deems just and proper, including, but not limited to, the appointment of a receiver. COUNT II VIOLATIONS OF THE CONSUMER PROTECTION LAW DEFENDANT CUTLER FAILED TO COMPLY THE EXPRESS WARRANTY FOR ORIGINAL PURCHASERS OF THE HOIMES 48. The averments and allegations of the preceding paragraphs are incorporated as though the same were more fully set forth herein. 49. Defendant Cutler issued an express warranty to the purchasers who bought the homes from Defendant Cutler, as speci?cally alleged herein above. 50. As alleged more fully above herein, Defendant Cutler failed to comply with its warranty as speci?caliy alleged herein above. 51. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited 'by Section 201~3 of the Consumer Protection Law, as de?ned by Section 2013(4), including, but not limited to, the foilowing: 16 0. 00. The ?ler certi?es that this tiling complies with the provisions of the Public Access Policy of the Uni?ed ?dential information and documents differentw than non~con?dential information and documents. Courts that require ?ling con 7/18/2018 9:39 AM. Fee Casett 2016-23891?? Docketed at Montgomery County on. 0 Judicial System of Case Records of the Appellate and Tnal a. Section failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; and b. SectiOn engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 73 RS. 2016, and and (xxi). 52. The Commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201-?8 of the Consumer Protection Law, the Commonvvealth seeks the imposition of civil penalties of One Thousand and 00/ 100 Dollars for each violation of the Consurner Protection Law, including enhanced civil penalties of Three Thousand and 00/100 Dollars for each violation involving consumer victims age sixty (60) or older, in addition to other relief sought, as appropriate. 53. The Commonwealth believes that the public interest is served by seeking before this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution for consumers and civil penalties for violation of the law. The Commonwealth believes that citizens of the Commonwealth are suffering and will continue to suffer harm unless the acts and practices complained of herein are permanently enjoined. WHEREFORE, the Commenwealth of respect?illy requests that this Honorable Court issue an Order: A. Declaring Defendant?s conduct to be in violation of the Consumer Protection Law; B. Permanently enjoining Defendant and all other persons acting on its 17 one of the Public Access Policy of the Uni?ed con?dential information and documents. ?ler certi?es that this ?ling complies with the provis: $0.00. The .. ?ling con?dential information and documents differently than non- M, Fee Courts that require Casett 2016~23891?9 Dockets-d at Montgomery County Prothonotery on 07/18/2018 9:39 A Judicial System of Case Records of the Appellate and Trial behalf, directly or indirectly, from violating the Consumer Protection Law and any amendments thereto, including, but not limited to: 1. Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made,- as prohibited by Section of the Consumer Protection Law, 73 PS. 201? 2(4)(xiv); and 2. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section of the Consumer Protection Law, 73 PS. C. Prohibiting Defendant from otherwise violating the Consumer Protection Law and any amendments thereto; D. Permanently enjoining Defendant from representing that the stucco, ?ashings, and WRB had been installed properly when they had not; B. Directing Defendant to make full restitution pursuant to Section 2014.1 of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law; F. Directing Defendant to forfeit and pay to the Commonwealth civil penalties of One Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law, and Three Thousand and 00/100 Dollars - for each instance of a paSt 'or present violation of the Censumer Protection Law involving consumers aged sixty (60) or older as Victims; G. Directing Defendant to disgorge and forfeit all pro?ts it has derived as a 18 revisions of the Public Access Policy of the Unified ~con?dentiai information and documents. $0.00. The ?ler certi?es that this tiling complies with the ?ling con?dential information and documents di?erently than non 7/18/2018 9:39 AM, Fee Courts that require of Trial 23891?9 Docketed at Montgomery on 0 Judicial System of Case Records of the Appellate an Case# 2016- result of their unfair and deceptiue acts and practices as set forth in this Complaint; H. Requiring Defendant to pay the Commonwealth?s investigative and litigation costs in this matter; and i. Granting such other general, equitable and/or further relief as the Court deems just and proper, including, but not limited to, the appointment of a receiver. COUNT wo?LArrons or Inn CONSUMER PROTECTION LAW DEFENDANT CUTLER MADE SUBSTANDARD REPAIRS THAT FAILED TO ADDRESS THE DEFECTS AS PROMISED ANDWARRANTED 54. The averments and allegations" of the preceding paragraphs are incorporated as though the same were more fully set forth herein. 55. As speci?cally alleged herein above, in some cases, consumers noti?ed Defendant Cutler of defects and water in?ltration. 56. Defendant Cutler represented and assured those consumers that appropriate repair and! or other remediation steps would be taken to address the defects. 57, Defendant Cutler failed to live up to those promises and assurances. In the limited occurrences that Defendant Cutler responded to the consumers, Defendant Cutler made minor repairs, including caulking of windows, doors, and utility penetrations, or replacing small sections of stucco. Such attempts at corrective action did not remediate the extensive underlying issues as the home still did not Perform, nor were the repairs all?inclusive as Defendant Cutler failed to address similar systemic issues in the horns. 58. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201?3 of the Consumer Protection Law, as de?ned by Section including, but not limited to, the following: 19 a. Section 201 making repairs, improvements or replacements on tangible, real or personal property, of a nature of quality inferior to or below the standard of that agreed to in writing; and b. Section engaging in any other fraudulent or deceptive Conduct which creates a likelihood of con?rsion or of misunderstanding. 73 RS. 20b3, and and (xxi). . 59, The Commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201 -8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/ 100 Dollars for each violation of the Consumer Protection Law, including enhanced civil-penalties of Three Thousand and 00/100 Dollars for each violation involving victims age sixty (60) or older, in addition to other relief sought, as appropriate. 60. The Commonwealth believes that the public interest is served by seeking before this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution for consumers and civil penalties for violation of the law. The Commonwealth believes that citizens of the Commonwealth are suffering and will continue to suffer harm unless the acts and-practices-complained of herein are permanently enjoined. WHEREFORE, the Commonwealth of respectfully requests that this Honorable Court issue an Order: A. Declaring Defendant?s conduct to be in violation of the Consumer Protection Law; B. Permanently enjoining Defendant and all other persons acting on its 20 revisions of the Public Access Policy of the Unified formation and documents. information and documents di?enently then non?con?dential in ?ler certi?es that this ?ling complies with the $0.00. Th Trial Courts that require ?ling con?dential ?:tProthonotely on 0771812018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Cases! 2016-23891-9 Docketed at Montgomery County behalf, directly or indirectly, from violating the Consumer Protection Law and any amendments thereto, including, but not limited to: 1. Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing, as prohibited by Section of the Consumer Protection Law, 73 PS. 201? 2(4l)(xvi); and 2. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section 201v2(4)(xxi) of the Consumer Protection Law, 73 PS. C. Prohibiting Defendant from otherwise Violating the Consumer Protection Law and any amendments thereto; D. Permanently enjoining Defendant from representing that the stucco, flashings, and WRB had been installed properly when they had not; B. Directing Defendant to make full restitution pursuant to Section 2014.1 of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law; I i F. Directing Defendant to forfeit and pay to the Commonwealth civil penalties of One Thousand and 001?100 Dollars for each instance of a past or present violation of the Consumer Protection Law, and Three Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law involving consumers aged sixty (60) or older as victims; G. Directing Defendant to disgorge and forfeit all profits it has derived as a 21 . . ll?n complies with the provisions of the Public Access Policy of the Uni?ed seat 2016m23891-9-Docketed at Mont emery County Prothonotary on 07/18/2018 9.39 AM, Fee $0 00 The'?ler certi?es that t? . . . deicial System of Case gecords of the Appellate and Trial Courts that require ?ling con?dential information and documents differently than non-con?dential mfonnatlon and documents. result of their unfair and deceptive acts and practices as set forth in this Complaint; I-I. Requiring Defendant to pay the Commonwealth?s investigative and litigation costs in this matter; and l. Granting such other general, equitable and/or further relief as the Court deems just and proper, including, but not limited to, the appointment of a receiver. COUNT IV VIOLATIONS OF THE PROTECTION LAW DEFENDANT CUTLER FAILED TO COMPLY WITH THE IMPLIED WARRANTY OF HABITABILITY 61. The averments and allegations of the preceding paragraphs are incorporated as though the same were more fully set forth herein. 62. As speci?cally alleged herein above, Defendant Cutler impliedly warranted that the homes would be habitable and free of latent defects affecting habitability. 63. Consumers justi?ably relied on Defendant Cutler?s implied warranty of habitability. 64. As speci?cally alleged herein above, Defendant Cutler?s poor construction contained latent defects that led to failure of certain consniners? honies? Cladding systems, ., resulting in damage to the homes, compromise of structural integrity, impairment of home values, in?ltration of water reaching behind the WRB andlor the interior of the homes, moisture penetration, and water entrapment in and through the Cladding system, leading to mold, rot, decay and other water damage within the home, which ultimately caused some homes to be uninhabitable. 65. Defendant Cutler failed to comply with the implied warranty of habitability. 66. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201-3 of 22 provisions of the Public Access Policy of the Uni?ed ?dentlal information and documents. $0.00. The ?ler certifies that this ?ling complies with the Courts that require ?ling con?dential information and documents di?erently than non~con Cassatt 2016?23891-9 Dooketeo' at Montgomery County Frothonotaiy on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial the Consumer Protection Law, as de?ned by Section 201-204), including, but not limited to, the following: a. Section representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, bene?ts or quanti?es that they do not have or that a person has sponsorship, approval, status, a?liation or connection that he does not have; b. Section representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; c. Section failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made; and 61. Section engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 73 RS. 201-3, and (vii), (xiv) and (xxi). 67. The CommonWealth alleges that all of the practices described above were perfonned Will?rlly. Accordingly, and pursuant to Section 201*8 of the Consumer Protection Law, the Commonwealth seeks the imposition-of civil penalties of One ThouSand and 00/100 Dollars for each violation of the Consumer Protection Law, including enhanced civil penalties of Three Thousand and 00/100 Dollars for each violation involving consumer victims age sixty (60) or older, to other relief sought, as appropriate. 68. The Commonwealth believes that the public interest is served by seeking before 23 revisions of the Public Access Policy of the Unified ?dential information and documents. $0.00. The filer certi?es that this ?ling complies with the Courts that require ?ling con?dential information and documents differently than non?con Casett 2016438914 Docketed at Montgomery County Prothonotaiy on 07/18/2018 9:39 AM, Fee Judicial System of Case Records of the Appellate and Trial this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution for conSurners and civil penalties for violation of the law. The Commonwealth believes that citizens of the Commonwealth are suffering and will continue to suffer harm unless the acts and practices complained. of herein are permanently enjoined. WHEREFORE, the Commonwealth of respectfully requests that this Honorable Court issue an Order: I A. Declaring Defendant?s conduct to be in violation of the Consumer Protection Law; B. Permanently enjoining Defendant and all other persons acting on its behalf, directly or indirectly, from violating the Consumer Protection Law and any amendments thereto, including, but not limited to: 1. Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, bene?ts or quantities that they do not have or that a person has sponsorship, approval, status, af?liation or connection that he does not have, as prohibited by Section 201?2006!) of the Consumer Protection Law, 73 PS. 201w2(4)(v); I 2 I Representing that goods and or services are of aparticular standard, duality or grade, or that goods are of a particular style or model, if they are of another, as prohibited by Section of the Consumer Protection Law, 73 RS. 3. Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made, as prohibited by Section of the Consumer Protection Law, 73 PS. 201? 2(4)(xiv); and 4. Engaging in any other fraudulent or deceptive conduct which 24 . his ?ling complies with the provisions of the Public Access Policy of the Uni?ed - at Mont ome Coon Pmthonotary on 07/18/2018 9.39 AM, Fee $0.00. the'?ler certi?es thatt . Case geccr?d?s of the? Appellate and Trial Courts that require ?ling con?dential information and documents differently than nomcon?dential information and documents. creates a likelihood of confusion or of misunderstanding, as prohibited by Section of the Consumer Protection Law, 73 PS. C. Prohibiting Defendant from otherwise violating the Consumer Protection Law and any amendments thereto; D. Permanently enjoining Defendant from representing that the stucco, ?ashings, and WRB had been installed properly when they had not; E. Directing Defendant to make fullrestitution pursuant to Section 201 ?4.l of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consumer Protection Law; F. Directing Defendant to forfeit and pay to the Commonwealth civil penalties of Dne Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law, and Three Thousand and 003100 Dollars for each instance of a past or present violation of the Consumer Protection Law involving consumers aged sixty (60) or older as victims; G. Directing Defendant to disgorge and forfeit all pro?ts it has derived as a result of their unfair and deceptive acts and practices as set forth in this Complaint; H. Requiring Defendant to pay the Commonwealth?s investigative and litigation costs in this matter; and l. Granting such other general, equitable andfor further relief as the Court deems just and proper, including, but not limited to, the appointment of a receiver. COUNT VIOLATIONS OF THE CONSUMER LAW DEFENDANT CUTLER FAILED T0 COMPLY THE IMPLIED WARRANTY OF WORKBIIANSHIP 25 ions of the Public Access Policy of the Unified ts differently than non?con?dential information and documents. ?ier certi?es that this ?ling complies with the provis $0.00? The liate and Trial Courts that require ?ling con?dential information and documen Case# 2016-23891?9 [Jocketed at Montgomery County Prothonotary on AM, Fee Judicial System of Case Records of the Appe 69. The averments and allegations of the preceding paragraphs are incorporated as though the same were more fully set forth herein. 70. As speci?cally alleged herein above, in addition to any express warranty as alleged above herein, Defendant Cutler irnpliedly warranted that the consumers? homes would be constructed in a workmanlike manner and in accordance with industry standards. 71. Consumers justi?ably relied on Defendant Cntler?s implied warranty of workmanship. I 72. As more speci?cally alleged herein above, Defendant Cutler failed to construct the homes in a worlonanlikc manner and in accordance with industry standards and building code. 73. The aforesaid methods, acts or practices constitute unfair methods of competition and unfair acts or practices in the conduct of trade or commerce prohibited by Section 201?3 of the Consmner Preteen-on Law, as de?ned by Section 2015291), including, bot not limited to, the following: a. Section representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style - or model, if they are of another; Section 201m2(4)(xiv), failing-to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or a?era contract for the purchase of goods or services is made; and 0. Section engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 26 one of the Public Access Policy of the Uni?ed dentlal information and documents, 00. The ?ler certifies that this ?ling complies with the provisi . Hale and Trial Courts that require ?ling con?dential information and documents differently than non-con m. honotely on 07/18/2018 9:39 AM, Fee Cassatt 2016~23891~9 Docketed at Montgomery County Prot Judicial System of Case Records of the Appe 73 RS. 2013, and (xiv) and (xxi). I 74. The Commonwealth alleges that all of the practices described above were performed willfully. Accordingly, and pursuant to Section 201-8 of the Consumer Protection Law, the Commonwealth seeks the imposition of civil penalties of One Thousand and 00/ 100 Dollars for each violation of the Consumer Protection Law, including enhanCed civil penalties of Three Thousand and 00/100 Dollars for each violation involving consumer victims age sixty (60) or older, in addition to other relief sought, as appropriate. 75. The Commonwealth believes that the public interest is served by seeking before this Court a permanent injunction to restrain the methods, acts and practices described herein, as well as seeking restitution for consumers and civil penalties for violation of the law. The Commonwealth believes that citizens of the Commonwealth are sn?ering and will continue to suffer harm unless the acts and practices? complained of herein are permanently enjoined. WHEREFORE, the Commonwealth of respectfully requests that this Honorable Court issue an Order: A. Declaring Defendant?s conduct to be in violation of the Consumer Protection Law; B. Permanently enjoining Defendant and all other persons acting on its behalf, directly or indirectly, from violating the Consumer Protection Law and any amendments thereto, including, but not limited to: l. Representing that goods and or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another, as prohibited by Section of the Consumer Protection Law, 73 PS. 27 revisions of the Public Access Policy of the Uni?ed. ?dential information and documents differently than non-confidential infon'nation and documents. $0.00. The filer certi?es that this ?ling complies with the Courts that require ?ling con 7/18/2018. 9:39 AM, Fee Casett 2015-2389149 D'ocketeo? at Montgomery County Pmthonotary on. 0 Judicial System of Case Records of the Appellate and Trial 2. Failing to comply with the. terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made, as prohibited by Section of the consumer Protection Law, 73 P.S. 20% 2(4)(xiv); and 3. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding, as prohibited by Section 201 -2(4)(xxi) of the Consumer Protection Law, 73 PS. C. Prohibiting Defendant from otherwise violating the Consumer Protection Law and any amendments thereto; D. Permanently enjoining Defendant from representing that the stucco, ?ashings, and WE had been installed properly when they had not; E. Directing Defendant to make restitution pursuant to Section 201?4.l of the Consumer Protection Law to all consumers who have suffered losses as a result of the acts and practices alleged in this complaint and any other acts or practices which violate the Consents}? Protection Law; F. Directing Defendant to forfeit and pay to the Commonwealth civil penalties of One Thousand and 00/100 Dollars for each instance of a past or present violation of the Consumer Protection Law, and Three Thousand and 00/ 100 Dollars for each instance of a past or present violation of the Consumer Protection Law involving consumers aged sixty (60) or older as Victims; G. Directing Defendant to disgorge and forfeit all pro?ts it has derived as a result of their unfair and deceptive acts and practices as set forth in this Complaint; H. Requiring Defendant to pay the Commonwealth?s investigative and 28 Casett 2016-23891~9 Docketed at Montgomery County Prothonotary on 07/18/2018 9:39 AM, Fee $62.00. The ?ler. certifies that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed Judicial System of Case Records of the Appellate and Trial Courts that require tiling con?dential information and documents differently than non-confidential information and documents. litigation costs in this matter; and I. Grantmg such other general, equitable and/or ?irther relief as the Court deems just and proper, including, but not limited to, the appointment of a receiver. Respect?illy Submitted, COWONWEALTH OF OFFICE OF ATTORNEY GENERAL BRUCE R. BEEMER Attorney General ROBERT A. MULLE First Deputy Attorney General JAMES A. DONAHUE, Executive Deputy Attorney General Public Protection Division C: Date: /0 3 By: SARAH A. E. FRASCH ChiefDe?ptity Attorney General PA Attorney ID. No. 203529 Bureau of Consumer Protection 15TH Floor, Strawberry Square Hattisburg, 17120 Telephone: (2 1 5) 5 60-24 14 Facsimile: (215) 560 2494 Email: sfrasch@attorneygeneral.gov Date: /0 4 By: THOMAS J. BICESSWON Senior Deputy Attorney General PA Attorney 1.1). No. 36674 Bureau of Consumer Protection 21 South 12th Street, Second Floor Philadelphia, 19107 Telephone: (215) 560-2414 Facsimile: (215) 560 2494 Email: tblessington@attomeygeneral. gov 29 Fee 3 $0.00. The ?ler certi?es that this ?ling complies with the provisions of the PublicAccess Policy of the Uni?ed filing con?dential information and documents di?erently than non-confidential information and documents. Casett 2016-23891-9 Docketed at Montgomeiy County Pmthonotary on_07/18/2018 9:39 Judicial System. of Case Records of the Appellate and Trial Courts that reduce VERIFICATION 1, Michael D. Carroll, hereby state that I am a Senior Consumer Protection Agent with the Of?ce of Attorney General, Bureau of Consumer Protection, and am authorized to make this veri?cation on behalf of the Plaintiff in the within action. I hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief. I understand that the statements contained herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsi?cation to authorities. Date: 49 . Michael Carroll Senior Consumer Protection Agent Casett 2016-23891-9 Docketeo? at Montgomery County Prothonoteiy on 07/18/2018 9:39 AM, Fee $030. The ?ler cezti?es that this tiling complies with the provisions of the Public Access Policy of the Uni?ed Judicial System of Case Records of the Appellate and Trial Courts that require ?ling confidential information and documents differently than non-con?dential information and documents. .- 4, 1.. i 3 gill op. . Exhibit A 89143000 10 3 Compla mama-3?03 1 '14 Feei?S 016 19:27 3M int Civil Author} 270.00 Exhibit A. Hark Levy - MomCo Prothonotan? . I 2 i998 ?with? a u- . V, "frfw? j'kmun" .. - r; ?am- ?i??ffi?T'A?n . a I, 3 ?r ?ling con?dential information and documents differently than non-con?dential information and documents. thonotary on 07/13/2018 9:39 AM, Fee $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed llate and Trial Courts that require Casetl 2016-23891-9 Docketed at Montgomery County Pro Judicial System of Case Records of the Appe . . . .-- .- . . . . . .. a ran: ?regent-21:43? -- Hummus-q . Let-tins: ., -.. but ?came .2 David Cutler Group Welcome Home Page 1 of 1 HOME VIEW HOMES COMMUNITIES ABOUT DCG CONTACT PHOTO GALLERY CONTACT A .i WELLUN a. '33 HOME Welcome to the David Cutter Group the largest prlvately held residential bulkier In the Delaware Valley. A leader In the home building Industry, David Culler Group has constructed thouaands of exqulsite homes in most coveted locations. Old world fabrication. Metiwloue attention to deleiL Exceptional customer service. David Cutler Group weaves these elements together to provide an {3 unsurpassed home-buying experience At the David Ell-J .5 .. Cutter Group we make the American dream of home ownership possible. Your new home is waiting. 1. i Exciting things are Click on the blog 5?37: I link below for details on the purchase of Center 3738: Square Golf Club. 35% Qulck Dellvery at Ridings of Open 1:13} House June 26th El: ll i GRAND OPENINGS EATURED PROPERTY The Meadows at Parkview Lot #43, Waterforde Custom - 2 Montgomery Township of Warwick 3899.900 4 Bed. 3 Bath 0 2011 David Cutler Group Suite One. 5 Apollo Road. Ptymouth Meeting. PA 19482 610~940-9800@ of?ceQdavldcu?deromupmml Legal Site Map I designed by MOD davidcutlergroup.com/ 6/21/2016 complies with the provisions of the Public Access Policy of the Uni?ed ~con?dential information and documents. 8 9:39 AM, Fee $0.00. The ?ler certi?es that this ?ling trequire ?ling con?dential information and documents dtfferently than non Case# 2016-23891-9 Docketed at Montgomery County Prothonotary on 07/13/201 Ju icial System of Case Records of the Appellate and Trial Courts tna REP: 2016-3 ZOE-23891.00 Exhibit 0%033Piimt (1 ?t 201610 *33 174 Mark Lev},- 3t . 21m 3 i? :x'?ACtion 1093575 ee:$2 70.00 Exhibit 13 MomC?o Prothonotan? 8 II II A 31?? r. 9: 39 AM, Fee= $0 00 The filer certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed Ce seit 2015-?23891- 9 Docketed at Montgomery County Prothonotary on 07/18/2018 trequirei ?ling con?dential information and documents differently than non-confidential information and documents udI'cial System of Case Records of the Appellate and Trial Courts the - anew?..- _W"mnmw -.I.- 11533-3. Jim: Fr! '5 5.31; ?r f. v.3? . .1 - ?nun-pm . A 1 l-1i?: a: I .l -l'i .- ?nned-u $92? 115,.? 311-. "2135:1573. . .. Homeowner Guide To Warranties And Maintenance . Imus -m LARGEST PRIVAIEEY HELD BUILDERIN THE DELAWARE VALLEY DAVID CUTLERGROUP 1* --A ?aw-c. .2. i w-v-n?w. ru. .4. I - mm?Muir ?mew-V7 . hm: nu, s-zun. -: -{va ?an-o??ht?l?l v' 'j a 5.11awn4.4.23: 000. The ?ler certifies that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed ?dential information and documents di?erently than non~con?dential infonnatlon and documents. M, Fee Courts that require filing con ?9 Docketed at Montgomery County Pro?thonotary on 9:39 A Judicial System of Case Records of the Appellate and Trial Casett 2016-23891 1.. hum-n? ?mural.-.? UWIONS an: in Order' now that ?nal mamas: has ml. . 1m lace. THE DAVID GROUP would {die to take this op enun'ty an an urt?umtl SCOPE 1 mm in Your new home. 9 yua 30 CK ?I?d-Pi LONG LIFE . mews PECTIDN use Buyer or his agent shall inm- she opportunity to in spent the pmn?see pains- to sei?cment. L: plate items {the}! be hsted by Buyer. Sai? list is to be aim: to Seller or ?rm of seniemezst 1:313:13? 33 masonic time It ?reggae:- manor permit ?ea} some, mama and . _e mar Se 6: shat] agree to have it comm as Sm 3 Incompletioncmams Esta-dental notd 1 - - - 1"?th ?nal clean condition. . 3 gay settlement by Buyga: Stile; ska}: deiwcr the prumses to Buyer In Piazza Note-Buyarhaainsgwedangiags .- . . .. .- van kitsch - 1 . nets, manor ems, mammal! app?ms, rai?fngs, rail 5mg; ?oo?ng and near manage at this pro?Wen walk-?lm. Any items EQIZEQEEQ 4m 11: 3: inspection worm sheet that pertains to that: Emma WW 3 pre- 2. Although there is a tandem (a report hen: Expe' hasshomus . may . ma?tufwi ?11er You may win- $111151 gammy mm? that our company is not . mm Betwm structural defects and maintenance items are 9133? . med :9 ti: HOME WWAGW winch we highly recummeat} that you read. endeared ponefble ta udjustafter this period are sum? I Please realize that your superman is hmssaxy' In Intam? videp?idemsa'vs' - BMWum- mpreseam are unable jte obtain an appointment with .. I 7 . you, your warm! nest placed in the meme?le; i?lo appointment will be made for exterior maintenance 5111:3361: :m 12:: my request one. No weekend appt?nhnants mavaihhle. "me eaveo omen oxide? ?lm .1 in.? 1:3 1.. 1? 1 .. 7.. :ct-r: we n, .5. - a "with? .: ah taxi.?- a .1 W. Taggaoup 5m ?fth: prom-Wm: came-new 21mm: The foibwing is ails: a?icms Io mm: 1. KW walla. . . Himabaadvbdot?ibar - . . . tummy-? - i . 333313133? . ?mn ne-.u #7 (?uh i- z. t. r. ?dential infonnation and documents. . deu'?mum after swim revisions of the Public Access Policy of the Unified 5 i EasEs; ln', .. J..- . ?u I meg.m-meW? i gamma db _MYWesbt . (hated owner. - Basement windows sin as: was} or ?r?ph g?hk responsibility to limp them covered mid ?uorite and snow build Sip anti any attic: We 3 2. 330m GLASS {Inclu?ingl?dimrsj I I The: David 01112: an: is We i 3. CONCRETE (luck: my devils in mm: {9 expandigs and thawed 1: ice of ?at? 011mm. (Envew in: if 0 .. i that whom Wis nm?cd. is the mw?ggs I. it 1 $0.00. The ?ler certi?es that this ?ling complies with the ?ling con?dential information and documents differently than non-con . We; pom. hazelnuts. ?oors or dag g: ?18 cwmguz: occur. mm?? hccauxe 1.5.??31343?dliiyh' .ti93U u, .1 e. up i 955? mun 2-9 3 :3 . we: titty-,W'?n?ag of comm . i owner?s in sea with ?3:23:3ng wwgemme is not nii'eczad. To 2:3: Coder Group 2) m3: m3 ?7 WEB maid occur it it an: responsibility am? pm,? a. DRIVEWAYS - - Trial Courts that require 12 it 1% 5 I: it 15unloaded, insult! the rb mg Mm?cngm marks - my se?eusi DUI '1 ?hug?fi?ammtmui_ I . remix] - i . ?Ragga: and scat the draw-way and my; mm it. mi: 323%? mm: Cutler Group only be, musty. Any use or outside commutes; fur dxivzwuy mania? at i? "am, ?mm mi cov- . . mm. m. -23891~9 pocketed at Montgomeiy County Prothonotary on 07/18/2018 9:39 A Judicial System of Case Records of the Appellate an Case# 2016 M, Fee Casett 2016-23891-9 Docketed at Montgomery County. Prothonotaqr on 07/18/2018 9:39 A $0 00. The ?ler certi?es that this filing complies with the provisions of the Public Access Policy of the Um?ed ?ling con?dential information and documents di?erently than non-confidential information and documents. Judicial System of Case Records of the Appellate and Tn'al Courts that requrre 5. ELK Any to 60:22ch wart: done by the asters: Atty electrical .5th which have Wt?lci arm: tarnished an: mt bitty of the David Cu?zr?zuttp. ti. EXTERIOR nouns Alt auricular: are ?aw by the in yottrhom sleet and or ?berglass an roam cum. At Iimut. especiwy with? heavy ra?msuhcy my not open ur tries: us at other times. This is Because wood fume: absorb and :rwelL The (tours wlli mitts: ?lmlves in the comet: elu normal prom Hasty cutting a: piun?tng of the Want! core is not War will in Water] ?y the tkgme to which door it exposed in the elements. Wemltur stripping providers the dam- ml the frame to trinket}: the cold out and the 31cm in. Dr? nut paint Winner-stripping nr remit: any small putts wtti'ctz me attached to doors at ?wjmuba 1h 5:1' Iva.? and 1t .- in! 3?5 :94! d; Seasonal and humidity wilt mute: the weather to change sltapu' mad .m not mettle? . GARAGE DOORS: The lmprapter instalhttiurt at tiimr spatter; can? attain am and. drtmagtt tn um truck 53mm and river pants shamans. Th: David Cattle:- Crap thmfort mat warranty any ?lm which has an unnam- installers altar magnum FLOORANB STAR SQHEAKS Extensive mural: on this widget com ?at meet: is: keen ampli?ed in avoiding ?oor and stair wants. but cadmium avoidance is alums; Generally. We will Wand disappear whit change: in weather cdnt?dm, Dttviti Cutter Gi??np sesame no mtponslbitiry {nt- squeaks unless they an: of mujur simian! This la an 1mm elm ham-owner will b: for and sun part al? mutt-'AIlr? 111. .i?ili} meme-ti hurnu?uety void: the electrical ?uted at: tile pre-lupwlan ?st are main: MW it!? ?15. . 5 5 admit Omsk}: at: if llu Your inland mending lot gm?u wweumhlisltui to [arm-inclining? away Item the building'rltc builder assumes no mnemlbtitty ill! the grading ifoxtnliished patterns are altemtl an rd WHEY are muted by improper timing; 3mm campmy nn?sm-?rrm ?rm not installed by the builder m- m: ?ammability af?x: but:rtnr.Wc cannot guar- antee lawn regard to erotica control. want: out: are a minn- sihitity. David Cutie: Gratin be mm: tituu happy to help your waslteun by presiding you with a l?nv hud??h of lopsni - - TREES - The price ?your lot is maimed an my number: at rm. Seller may remove such trees was they deem mat-y mitts, able. and the continued ?re at my 3mm; men It not guaranteed. News tart marines: not, be gaudcd. mind at netted. After armament. haw: {outta untamed lira or removal army mt Seller that! out be required to trail lures or erect whining walls. Existing nutmnt trees are the hnmemmar's and mm: mm viewable by the Datid Cutie; Group. 9. CERAMKC TILE AM) GROUT Separation at 11!: item it tut: tire interaction atme tab ledge tn the ?all and the wall to lit-tor connectian with Olhn!? materials: resulting in tense y?all is patcllatt?y is named by Iht natural extranx'sun amt nits)! mat:- tints Inmlved is an item aluminum amt can tn: easily trad by Lawnmower with tilt: a: sealant ubtaincrt Imp; alumni any hardware Lime, Any Simulation nf grout, that a not noted at: lht: {are-inspection will be the human? ct?: Tilt: I: t: rigid product which is sumpt??z to mang. Any tile crack net listcd an the tyre-matted ?.51 mil ha Clams! nadir warratzly. tn. amt-immune With the unmet-at: whit: auditions the North 8:15; ?patterned In the 12.565 ms. In: dam mtr; farm in your guitars or root. musingmter leakage into home. It]; the of the homeowner to clear these itt?. 6mm. Cloning ta: anus allow; ulnar tn ma on the roof instant! of entering the ml} 313th. gusset: wundcmutix the mat: ?liltl?t?l. 93.. .. n'VERTS: It is: nut unanmma rain ta blow inmtitrn?tc ?131?. um caused by this mum-um art: not covered by tilt: David Cutie: Group. . aw: (HEATING, s: mnmonmct Bill: to mum tinge, it is: litu Warmer}; mm?i??ly at: tempura} return registers depending can he!? remit at: new they Gestalt: each mm. PM the must nutrient umgc, the ?lament-mar shank! be warn that all annml utr require and the cleaning: (if mt ?tters. 3" .4 l' hint mmvuntl Tim cleaning um: runner most be time at a yuur l?ttr np?mnm Went). Damages as a mutt at ioclt at nmintutmnar not sowed nude wan-mtg memoam CRACKS Flutter mm. drywall cracks, planting crucial tettletnmt market need shrinkage new harm: tut-um ut?dr?ng out and Erma! expansion and mammalian ottlte. wood or masonry to wind: it hue been seemed. ?this is natural. Manure: {natal by rematch have: ham taken In nruld these mutt: tut mad: as ventilate, hut campiale ultmirtnlion scents lmpnaslhic. Slight impurfmlinnst sash as mi} pups. mam Elms and malts not exceeding 113? in wi?lh m: in gypsum lnatnllutimts ant} are rancid Wt; wilt provi?t: :3 Gem?! Enlahuw repair oniy cracks exceeding your net; home an your 90 day list. . 't.t .. mail pup: ur Helms may appear ad??mu?w?tbt?t -. . Ala-n5 :vti?u?r sch-?Mm? .5 tn .-, 3.. s??m . . i i I $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Unified filing con?dential information and documents di?erently than non-con?dential information and documents. 18/2018 9:39 AM, Fee Case# 2016-2389199 Docketed at Montgomery County Pmthonotaiy on? 07/ Judicial System of Case Records of the Appellate and Trial Courts that require vii: t. . .. 532;; "nvv- - n. 1mm; min the. hitting: of goodwill the David Cutie: Gum}: \vlii gravid: to can can ui? touch up paint, to . 96mm any drywall repaired armstimApt-lsilivetiminugo meemuixlniugd. Entitled swicmanii?tite ml or send is me: meat. the mism?l??q; begin: at tilt aim at pinbamtm. an; nod 03? seed Wilt mt 'und gnaw dependx on tits cure it lxgivnn mar it i1 taint . In . timid wakingis mlial. Thu Druid filler 2? (3an is nut forged and W3 out Mam it has taken root. 3_stimuli sum found. anytime: mas minis; on she'pmpuny - H. attestingwhite powdery substance uttm farm: on 112:6:me 'Iltit um he removed with t: and a woe): acid solution. Emu: cumin: must be mad in foaming thy instructions for use of (his mitt. Nmiienmy at ?ypmnac of untiqtut Wh?ck is to in minded. Brick may discolor dint: to :iieulstm.min. nmoll} or Newtonian, mint. lturdnux'rttad [actually at tummy and ml! is tenornmmittd that pit masonry produets ingested with an 19130ch water Buyer is to impact the brick tutti lmttaltatinn of mote-prior to milieu-mu. any incomimncla mast ix: mini on the pre-tn'qtecliat: ?st. or they will be un?ltered future h?mnwnut? 21155an items. l5. . - Crack: may develop in mortar used in hunting This; is a stoma! condition due to in either the mortar ?ta-masonry. Some making is common and bi: expected trill) certain miemnces. Cmtitzs it: Malt veneer greater tlutn ii-i" In be mind by painting or patchingtt?thizt-Uu first year. An color mlnit can not its: mused. The David Ctstinr Group is not MWHE for guitar but will attics: at clusniy it: possible. ?91m Variations {must be detcmt?ttc? will: an mortar 301m and the brick work. Note: limpinut: 'tmrittr is ?great and steed: ELI be cured and tempera? bcl'ttr'ts being to mm item. When fuss; used. mint ym'r tits-pine: with 2 or 3 small lint:- - 16. PAINT Coio?ri?nsm: tinder conditions of ?poems to sun nod weather can not be maintained, allitungtr wood atrium: will Still have tit: Checks. CmCiL?t and peeling are 8153123011 Hunt is: to cums othzet than paint urns agitation (sate. uitnwi 233 {awn rapt-i hitter to it]! pukitnd men will gritty ?duo: lit: tii?c of painted involved). Vat-lasers in ma! 33111:: 33:50:13 tilt: ?ilt?: stain Vl??liofil?. can not be controlled. Exterior paint will only be warranted fora 3mi- mi crane (1)3231. in when touciwy palm oithc 90 day (hymn ttpliim is af?xed ~?i?he Group Wham amiss mottled by _lhl: drywall with the Any men: that have bet-ll minted with cusmm (talent - pus: gctiicmetai - WILL NOTBE FWD. Dis! it: variations in wall mm and paint nml?y. lillf. touchaup was may not match patently. mm mums an: inevitable and (an not be controlled. PLUMBING - . - it is net for {waits 6:39ng after on days or so it new hm The wastm have in be and it it it :?mutimt'of immeotmx mt?mmcc. it is not memmsihiilty of tin Bald Cutie: Group it: more: toilets main! dit- I a r5; i?nlmixg grim-Mir: . mic?~4- .14. . Cm. I with-tat a? ?3ft. ?1 W. 2% . pawl; ii is me Emmr?s melting.- is) pasted; dm?m ail pipes to tam-do: hast: him lfpifm ?that pmpuiy dmimal this i may mm in hurtling which is nature momiillity of tit: Dttvitl Cutter Omit]: in repair or ?plat?. Finishing ?xtures lit?ti sue mater immd that an: nut name Or: the pre-impmticu illil am not the or the David Cutier-Gmuymm David Cutlcr?t'ottp is ?290133le lot the intagrity of the maritime! than the lions: luthc'm: to: two Wars. in the even: the ?wet-lateral crack: or mm mil is tin: of the homeowner to have it palm}. RESWIHARDWODDILAMINATE Big}: n?els ititd mmiln're can mm dime and ltieitti?catioa [twist or; militia. imlimtu ant} hartiweml liners, Emmion and comedic?! militant matterh't?: n?tny mum .buitjnims in the ?out?t; to show. '11an am: chumrlexis?c of tho: mutual and do tam afloat tit: inherent (ti-the Hour. The {David Cattle: Grotip will an}; be for tickets mind on the list.??1tcsu delta! will in patched. t: it i: -3 TX. at. Nails popping tluwglt militias - flaming will only he rqxtitcd if m: mil .tma Matt titmugit the. ?ooring, if it is determines that maids limited. patched am: not replaced. Floating "remains out unending 114 inch mm at: common anti not covemit Separation: {mu-gen ?nished liner is nutmiti liu? in and humidity changes, separations not acclaim}; iH"m b. Came: stunting a: fading on 9911;?erng is no: name: m1 pie-Emotion list it not tit: mimib?ity at E. tint Dmitri Cutler Group. . Due to the siru?ttmti mutigup of your new home. 15th of litter ?litmus; may octan- more the Wood floor members meet Iim tmmburs at tile fit-3t ?ee: am. it is obvious thatmdziiq?r mm shrink and with a dliimnt . .ms. scenic: alum lite tmxtuml'stwl my mew born: continue: in tutti: these mm settle into tithir ?nal position. with only minor deptmiing an amide change. This is :m it?lcrc?t :ixuracteristic at lum- bar and steel. and will is: found in the. {tear sweat of any new items that tint-5 not}: of ?rst: ruute?ulxaimultunenutlgt .--. . -. mud: :75} 8 ave-?f: - 5 E.) . . 1-.- smug?: 3005s -. . '38 Q. a, 'c $3 SIDEHG: Dumas: 51 3 must bs sddresaed an the 1351. Any slang Elam may Insane 309:: will b: 8 cu ,3 no. Exec -- . . 31% a .g Sm?gh mayhlmah 30m: smmopimms thawing the mar-me. Mud 321311:th mum muf?n: mumpomiblu for I7- (L g? G.) M: d?l 53871?. Stucco m3] war. In" Luge-3.. a 3 Lumm1m.msm - If; 93;: a, 21. mews - - [35me?)?mma .55, a bashes ILL . A mi .3 7 I ?0-7 m! ?bit-a. .. . I ?1.22.comma-r10?: a: mean Cnndenn?un am! that on windows is caused by beam? 111:: :s 5 inla?m and ll?: mum: of the ham. as Well as use pusauni habits of {he Decimals. 11m cum?tlom are. beyond the 2 mm; oral: Burk} mum Gmup and will not be a dorm. c: 21 won!) CRACKS f?j .. ?55. Who-xi will shrink during 3h: mam ofyour home, and it is a natural cianmmerlsilc of WDGLE madame :3 ?3do and comma wixh ma changing humldit . ?whim: of punch! doom. mam casings. mile-mi crows clawing and 1 . 0 r; am: When: drywall and melding means well as solid paneling my Ogmn upJ?hls in manual; maturation in nppenm 0 . - - a 3 fmndorz of 3 ., 23. WOOD 93:0me Wow will my in-mlning'md will expand and comma as change. The Winn: appaadag in . .22 a dam. airings. panellng. Ham. bembm?s, emrlur ?lms. ?Mar Jams, milln'gs and duck: should l3 expand. _j 0 They de mn?bulhchouse Mumily. Al the ml painting. cyan joint: um wand and mm. Emma] mods, wood ?him-1 Wink ?8d dam 3311 Wife ?Imam 51" Wad grain. Miner Wan-um ?lm? and Cabinet doors ?equenliy 5 ?g mimem va?allons . t: a, INTERIOR woos AND DOORS - Wood cai?mts. Ham's, wading. dams and want! s?m all haw: varlnlim In wood 3min: and calm. As the dirt 3 5mm wand: age mes: va?ailnns my became gram: or lcs'm am: my imam: mare mourned trim homes. a; q; cu These Yudations Demo: be lnlm'ar dam upland and momma mu: the Stamns and may bind mum A simpl?a shaving {if the Una: by will mm! this 113%va pm_ $2 24. ?lemma am .: - U) 535 On wooded arms the imllder will mew-sumac cm? ta Swap as may mesa: pussiblc. Dun so working con?- f: - .c 7.5 dlilcms. me slap ofnmamc?m uquipmmt. and 1h: my mi?ly 1m necessary to {mild yew-hum. it is 1mm lama-110w: ii I- many nflhu um. men will n91 12:21szth mks: may insure": with i cu lty lint: a: final grading. Tim: buiicierahnl} not 55 was: in wall mu removed. Fulinwing WWI, the builder 5: 8 a; will no: fol-me mvai ofdmd mm: is tha- Mponn?bilhy crux: hammwam. 6% 25. mums a n. A minim} amofmi al? watatenm?mg'the d?my {fun and surfacing With the father he a anemone: dating I i a, 1 wind swupl wins and is: net coward. 11> ?2 5. While all hams an: insulated amply win: mules-u and muniu?paiwds am: at: mamas-am Islam Ir: pm drum - it - uw?mplace?hmdm?smbemmimlmd with lb: 93751233 than: hui mm he: ix: u?rr?nmcci and an: no: waxed. 5 ?26. 3mm 1 9 clips. (tracks. matches, dads. stairs and mm ln ?le. mumm, wlminw weed ?aws. vinyl '3 i Hem. walls. marble; glazes, pemdnim brick. minus. plumbing (Rimes, inks. yum, may tops. malty cabinets. kitchen cuhlaas. built-ins, milhigs, rail gun; md apols m3 omitting (if Included In home} lbs! m: net new! 1h: pm?? "on list, an: Milan mpr?llyul? tilt halide: GB spots on muf?n will Occur if all is alluvial la 5mm! um! gamma; Tim but ptutctixm is am pm. . b. Ema plpe: or sillcucks failure tn elm crawl space vans in; ?aq?ng Whit? mby failure Ln drain [island's and claim cur-QR wlvc; 12:: cf the Wilderanaemia a! what! and :3.an {an ?133 Iran. m: mammcn? 1h: im?mlw of a sham: dear. Th: . T. 51311:: dear-will gravkic \Q?fow?ng. unified m: safety m'ywr (may. $3 in your best d. if raginmat has Been Mammal hy thc' 11mm Cutler Bump in bu 1119139: qr mm?ve ?ction mm? a: . adequall?y' magi: a it shall Mundarxtm? 1th dupum?ng an lire material being re?ned. in must [ashram . Um no! mulch 2n culartmd lawn. The ?995d Cumu- 8mm) wl, (interns-e, ml bumpnusibla far my ?930! mismatch rim: to mammals nt'mufuduw-s nvm?ix?wll?y' in match the lawn} pmdact. For the m?ously mammal. mpl?mem w?ll b: waxidmed as a suitable mean a ugly as I a last man. Exam? amt-til: allusion an: as New; . l? lurch: la nan; and carpal Win?u ls; mum mzi shim "8 dam Damien?: in We ?le honotary on 07/18/2018 9:39 A 2016-23891-9 Docketed at Montgomery County Prat . giggial System of Case Records of the Appellate and Tnal Courts that reqwre formation and documents di?erentiy than non-con?dential Information and documents. Case# 2016?23891-9 Docketed at Montgomery County Prothonorary on 07/18/2018 9:39 AM, Fee: $0.00. The ?ler certi?es that this ?ling complies with the provisions of the Public Access Policy of the Uni?ed Judicial System of Case Records of the Appellate and Trial Courts that require ?ling confidential in magma?: ?51311in Dd dull] autumn?, my Natural or minim! Humans armctaa tn mum; 5W 1 PM. 0mm ?Milan-ma menAm-ad am.? I W?m?n Manhunt I ?Hanna-5mm! ?Mousse: h?mm ma?a-yum A we, w? ?waits; 3mm mama . ?"99?le mehm hm . manuabovc ch? hm$tl$u In?urollwiug?m ?3?75??ng r? gamma? 3-erwm. LFBmace -. ?rm par-95:35:15 I mmiau-r-rwzs, Imus.nir' 5-6 Mfr-'47. md??mm m. -.-. .. . Owpn?a?l?- w? 1' . 1.. 1 .2 ?x-I?593 ?LIMITED WARRANTY . HOME WARRANTY AGREEMENT . . . ?i a If at any time within 1hr: warranty period. any persons besides those contracted by THE DAVID CUTLER ,3 or tho maniacal-log or equipment, tampons, repairs. or my Emma with regard to the homo declares the 13 wan-attly on that system to be null and WM. - 3 f. This warranty is not Manolo. Atty obligation under ll terminates if lite 1.. . property or shall cause to be occupied by the homeowner to whom it is originally issued. . g. All repairs ENE adjustments will be rammed to She limits so: forth in this warranty. ll. Other 'fmumnca. {11 lb: event the Builder repairs or rcplacnt, or pays that cost of repairing or rcplaclng, any defect coveted by warmly For you are covemd by (aha; insurance. you must, upon tequest by the Builder. assign the: pro-owls of such insumnce to the Buildcr'm the extent of Ella cost to the: Baillie: of such repair or i. Ulla-r Rigfzis. This gives you speci?c legal rights. You morals-l: have other legal rigitu which vary {mm sum: to sultan This agreement does not affect any right: ofyon 'or 131C Builder undcr my or implied wan-duly. j. from Crml'mcl. This km?oorncm is of that contract bemoan you and the Builder fog tho mammal; oflhe house miller its talc to you. Nothing conmlnod in lhat annuals; many othor contract between you 11ml the Builder can made: or ovat?tlc like provisions of this. You and the Bm?ldcr may contract for mldillonul standards or requirements. but only the: am'npplimlbl: under this . R. General! any provision of ll?s-nyeemmtbo doomed by a cum of competent to ho unmforccahie. that dctorn?ltolion will not affect l1}: mfommhility Grille remaining prov'mioos. This mm?! is to be bind- ing upon the. patios. their heirs. mime. summos-s. 'an? assigns. Use of on: gutdcr in this agreement includos all other genders; and 1:59, of the plum} includes the all as may b5 This agreement is In be Gov-? cred by and construcd in accordance with the laws of the state in whlcia the home is loome?. l. 'l?lslg agrecmnl cannot be: changed or Miami in My Way. ulnar-:- t. Ms: .. w. Tau-mm? 3 ?mewt . EXCLUSIONS The following are not oovcmd by the: womanly: ll Defects in outbuildings (excopl that oulbulltl?mgt; which contain the: plumbing. elactriml. or cooling systems serving the home covered). pool: and other recmmloual lacilitlos: drivoways. walkways: polio-ts: bound- my walls. retaining walls which we not meow for the home?s structural stohlil 1y: fences: lantlsaaping {including sodd?mg, sealing, shrubs. was and plantings): off-site improvements: or any other improvements not a pan of the harm: itself. $0.00. The filer certi?es that-this ?ling complies with the ?ling con?dential information and documents dl?erently than non-confidential Bodily damage to {29.13an promo}: or (3515133: in real property which is not part of tho home which Wm; includtd Sr: the gumlmso prim ?lled in on the. Walling page. - or 3. Any damgc to the extent ll it named or made worst; by: Nogligoncc, improper. mammogram or lmprognr operation by anyone other mm: tho Builder or his employms. ?goon: a? mbcommztom?. "or . . failure of myooc-olhar ?rm the Builder or kl}; employ-ms. agents or subcommclors to comply with 83:; Wllr- - nutty mulmntanis of mmfgotusem or nopl?mnnes. cquEpmcm or or . . Milan: :9 more :13 the Builder of any detract within a momma time; or i on 07/182018 9:39 AM, Fee Trial Courts that require - conga ol' the grading of tho ground by anyone other than the Boilder. or itls cmploycmc. agcms or salmon~ truism. 4. My dcfoot in, or caused by. mammals or Wall: (including. but no: to. items sham on any matched ?Addcn'dmn to Home Warraraly Agreem") supplied by anyone. other than the Bulldm, urltix employees. agents or 5. Normal wear and tear or normal dcm?omtiort a. loss or?damtzge no; mum! by a {Safest in the construction of tho home by tho builder, or his omploym, agents or sn?oconlractom. but insulting from accidents or acts of God. irwlmiingt bin not limlted to: ?re. cmlusion. smoke waler camps, chaagts which am not foresccahlo lat the level of the un?crgmuml table, glass bloakoge. storm. hall. falling ms. airmail vehiclos. flood and .. 7. Any :11:me caused by soil movement lot which con: p-ensa?ott ls pmvidcd by legislation or which is covum? by olhcr Emmanuel . i S. lnS?cl damage 9. loss or damage which grim: while the home is balm; usczl primarily for 1Q. Any (folk-ct which docs; nol mull in actual loss or {imagm Any sawmills; installed over new walls for pedal of me ?Jammy, Pmthonolary 2016?23891-9 Docketed at Montgomery County Judlcral System of Case Records of the Appellate and