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Home My WebLink About97-05989 , .. i ~ i " I - I - :I i ~ I I ~ ~ , .. U ~ . "" tI ~ ,. ;' h ~;' lJ' \1 d ;0.- .. .:>> Il ... CJ .. 0- ... \q . . t-- c:r- . ~ C~k" "'~~fHD"IHNnLy._HIA -- - COU.,'-O' cOMMoN -'LIAS NOTICE OF APPEAL 9 t h JUDICIA. DIUIICY I _J fltOM DISTRICT JUSTICE JUDGMENT (OMMeN PLUS N.. 9/l-S9l?9{1~d'_1L/uYJ NOTICE OF APPEAL Notice i. gi_ thaI the oppelloot ho. filed in the abo-e Courl 01 Common Plea. 00 appeallram the judgmenl rendered by .he Oi.llict N.tice on the date and in the ca.. mentioned below 1iM<lNAftflANf'---'-' - --,---, ,- --'-''''-'--- -'....IiiAllDilfN6'lliNAiJUrrr--- .!ia,.-1rl'ul~iI.s..u 11~!L!db;\_..fQ!!,LS ~!:.'Lt~,~.!LC,Q ------..'.'"Y-..' ..-----.-Q2'j~;i'!U..-., - ._-/. COOl -i~ ",KJz1,:i Gap BSb'["'tiiC.iliOi"iT\irl"'i ,...Qllrllll.le_.....___,____,___..i'.A.,fi;\;.....,...,__-.l10 13 CO. ~~~L ~::: -9;-::::~::kLQUU!.<.9tJ:_:7:":~~tJ'ftT:. '0"' 'mice. This block win be oigned ONLY when thi. nolalien i. required under P~R.cP.J:P.~'-- ,iijiJPijiiani was CLAIMANT (see Pa, R.C'p,J.P. No, 10088. Thi. Notice a' Appeal, when I1Icei..d by the Oi.llict Ju.tice. Will operate a. a 1001(6) maclionbeforeOlstflctJustlce, he MUST SUPERSEOEASIa the judgment fat pa....sian in this co... FILE A COMPLAINT within twenty (20) days alter liIing his NOTICE 01 APPEAL. Sif1lJturo 01 ProlhonoliJI'l Of Qeiiiry-'-- --'-_.. "----.- PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 loon to be used ONLY when awcllanl was DEFENDANT (see Po. HC.P.J.P. No, 1001(7) In actlOf! belore Oislfict Juslice. IF NOT USED, detach Irom c<y>y 01 notICe 01 awcal to be served upon awclleel, PRAECIPE, Ta Prothonotary Ent",rvleupan Domini",k & (;"..1 N"rnnn.. ,appellee(.).tofileacamplainlinthit~ N.ltrlfJuI~IIct.>(s} (Cammon PIeo. No. 9^1-.$'9P9 (?jr"./'-J;fUi!J"ithin twenty (20) day. aft", 'l"'vice af rule '" .u'tr:,\ of j~ 0' non pros. \'v'-',-~~ ~~ """"""'-"'''''-'''- RULEI fu Dominick & Gael Nardone ~oI~.sJ , appeIIee(.). (tl You are nolified that a rule is he<eby entered upan you Ia file a complaint in this appeal within twenty 120) day. after the dote al ""vic. of thit rule upon you by personal .",vice '" by c",tified '" registered moil (2) ~ you do nol file a complaint within this time. a JUDGMENT OF NON PROS Will BE ENTERED AGAINST YOU. (3) The date al ""vic. al this rule if ""vice was by mail i. the date af moiling. Date:C\:.i- .;}fl ,19~. ,--A~ D Q ~~:_~~ / AOPC .)1;1.&4 '.,\ '-l'- ;f a~ Iv") L-, ~ ri a~, . ..J:~ ~ --- 'b,. t~ , ~ V) ~ ::tj b <Y .,' I" '. l,.' , , (;- ,. . .. '-81' UO 18J!dxa UOltlIWWO::J A~ 1,,:JljjOJO 8U'l spew u',.... IlAflPl/lfI WOlJ.... 8JOJaq /fI'JIJjO jO 'In/fulJ,s ,ur/JlII /0 eJnlllutJ,S ~O^\fO SIHl -6~' 3~ 3l:JOH8 0381l:J:JSanS ON\f (03~l:JI~~\f) Nl:JOMS '019J04 P04:JRUB Id!a:>aJ s,Japuas 'IU1W (pa,als,6.,) (pall!p.o) Aq 0 ."^'OS lauos,od Aq 0 -61 . uo passa,ppu SUM al"l:J aUI WOW" 01 (S).OlladdD Dul UOd" IDaddv 1000nON O.O"D Oul 6U1Auudwooo" IUlUldwo:J D O,,~ 0101"l:J OUI pa^'OS IID'II 'oulmJ pUD 0 'Ol9Ja4 pa4:>el1e Id!o:>aJ S,JOpU9S 'new (p9JOIS!6aJ) (patl!lJO:>) ,(q 0 OJI^JOS IBlJOS~ad A.q U 6l' uo' (9WIW) 'aalJadda 94l uodn pUB 'OlBJtl4 pa4:lBUH Id!a:>aJ s,JOpuas 'new (paJelS16aJI (paWU9:>) ,.{q 0 a:JIMOS .Quosled A.q 0 1-6l ' (O:JtAJ8S JO SIBpl uo UIiJJiHH pall:!U6!sap 9:JUSnr 1:>I1ISIO 841 uodn ' 'ON seeld UOUJwo:J 'Ieaddv JO aJI10N 9lH 10 Ado:) U 0 PO^'OS II"ul WJlUD '0 'DaMS Aqo'Oul :.lI^VOI:l.:Hf II , ~O AlNnO:l YINY^lASNN3d ~O HllUMNOI'lIllO:l (S9'Oq 9/q9",ddo ~O.II:J ,ooddolO OOl'OU ou/ 641/'1 !ill i'l SA '10 (Oil N 31 N/Hl/M a 31'~ 38 lsnw .OW9S /0 /oo,d Slul) J.NIV'dWOO 311:1 OJ. 3'm~ ONV 1V3ddV :10 301J.ON :10 301M~3S :10 :lOOUd ,\ . . ..",; . -, .r.OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PlAINTIFF: IrrWlIIf attdACX:A:1lI ~ARDONE, DOMINICK' GAEL I 2 PEACH COURT GARONERS, PA 17324 L ~ "9 DIl p.a 09-3-03 OJ~.tCI'I SUSAN K. DAY ~ 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA VS, NAME'" AO[RII mARY J. MULLEN DBA FOUR 40 KINGS GAP ROAD CARLISLE, PA 17013 L ~ DEFENDANT: SERVICES C~ ._ (717)486-7672 ATTORNEY OEF PRIVATE : 17065 MICHAEL R. RUNDLE, ESQ. 28 S. PITT ST. P.O. BOX 208 CARLISLE, PA 17013 Docket No.: Dete Aled: ..........." - THIS IS TO NOTIFY YOU THAT:' Judgment: ~ Judgment was entered for: (Name) ~ Judgment was entered agalnet: (Name) . FOR PLAINTIFF NARnnN~. nnMTNTrK " ~"~r~ GARY .J. MUl.T.EN DBA FOUR SERVICES CO in the amount of $ (Dete 01 Judgment) 10/08/97 2,149.73 on: o Oemages will be assessed on: (Date & TIme) o This case dismissed without prejudice. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees $ 2,070.0 $ 79.73 $ .0 $ .0 $ 2,149.73 TOTAL o Levy is stayed for _ days or 0 generally stayed, o Objection to levy has ~n ft~ed and heari~g will be held: Date: Place: TIme: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT 8Y flUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLJ!A8. CML DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH .'fQl,lR NOllCE OF APPE.IU.. ,/"', / 0 - f -/7 Date&"~' . ~ I' f.' "",,,' /]:) .....,.'.A. t~'~ # < (..., iC-- ,I . I ~1rtct'jj.ttoe . U ~ . . .'... .. " . ' '~ ~ I ce~ that this. is:. lrue~~ ~ect ~y ~ the r~d 01 the proceedings con,talnlrfg.~ ~,...nf.: ~ :. J > , {'" '" /.{ ....: 3. ./ _ '. l:.. . "" ., v-...., ":,!'/''/ Date~.. ~._ ,'. ,>-,1, /,... ~~, 1 I k ~ ,..' . ....---,JDiS~JueIIoe tj '....~v :., ..~. ,...1/ ''', ~. ... '~'8eAl::: ' ..... ....'. ,,' ..'. My commission expires ftrst Monday of Janu8lY, 1998 AOPCS1H7 . COMMOHWIAllH O' 'IHHIYLVANIA - --,o,f."'-oi .COMMON,iIAJ NOTICE OF APPEAL , fROM 9 t h JUDICIAL DlnllCf DISTRICT JUSTICE JUDGMENT '_~~~=:-='~=,__________,_,._c...OM""'N 'U~S~.. (l "j -.59 a Cu' (fGLfl') NOTICE OF APPEAL NoHc. i. gi_ that the appellant has liled in lhe above Cour I of Common Plea. on appeal "om ,he judgm.nl ,.ndet.d by the Di.trKl Ju.tic. on lhe da.. and in tho co.. mentioned be'- ~or""fTIANr ------- "- -1~"NOOiNA'" 01 o. Services ,5::.2______,_________ ~lli!..,lU..-, CITV fAj 1. COOl Garv J. Mullen tdba Four ~"B!'Of Aff'fl..l.A/'lT ~ I\W~ Gat;) Rd. CarlLlle p~ 17013 10~08-9~ l~:~~"n:';'"~~l Na!:dor __,__, '" Gar... J. MU11e~"7::a Four s.rvic;~ -a..... No 1\:4 (,Ill 01 4P1WANf&'li!TrrCitiv i5i"~t'4T CV 19 97-0000256 ,. n I ) I) r , LT 19 .. L'-At.lV " \.:::L"",,l,.,14..... This block will be lig-..d ONLY when this nofaHon i. required under Po. R.CPJP. No. If appellant was CLAIMANT (see Pa, R.C.P.JP. No. tOO8& This Nolice 01 Appeal, when rec.ived by lhe Di.lrict Ju.lic.. will op.rale a. a 1001(6) in action before District Justice, he MUST SUPERSEDEAS fa the judgment fa< panenian in lhi. ca... FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Slf}flQttlfe 01 Prolhonol~J/V Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 frxm to be used ONLY whcn appellant was DEFENDANT (s..", Pa. HC.P.JP. No. 1001(71 In action be/ore Oistncl Juslice. IF NOT USED, detach Irom copy 01 notlCc 01 appeal to be served upon appellee). PRAECIPE. To Prolhonotary Enter Me upon nnmi., ~ ,..lr " Gael "'''~none ,oppelle.{I),tolil. a complaio-, in thUappeaI Nane 01 ~11cQ(sJ ell" Ik ruotrilhin twenly {20} day. aft... ~vic. of rule or .."..,.ent')l of i~1 01 non pro~ \' ' (\(l\1 \_ ','vo '-~ \~ .:.......,...'--""-1... .$;gwtIre 01 ~. Q. h4 atto'ney Of agenr (Conwnon Pleas No. 9 ^! - -5'9,p::; RULE I To Dominick & Gael Nar-donE> Nsme at dWfNlOC(s) .appellee{.). , (1) you.... nolified that 0 rule ~.......by en....ed upon you 10 fil. a complaint in this appeal within twenly (20) day. after the do.. of ..vice of this rub upon you by per~ servK:& or by certified or registered moil (2) If you do nol file a complaint within this time, 0 JUDGMENT OF NON PROS WIU 8E ENTERED AGAINST YOU. (3) The dale of >ervic. of this rule ~ ....vic. woo by mail ~ lhe dole of mailing. Dote:~.19~, '-- bhr'<l r 9 S?Jl~:~~ " IOP'C )12-14 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT l T!ll$ proof of .'JOfI(ICIJ MUS r BE FILED W! n-IJN rEN I 10) 011 YS AP rER t/I/flf} ,"U flOtlC6 of applJdl Checlc appflciJb1e bOXBS) COMMONWEAL TH OF PENNSYLVANIA Cumberland COUNTY OF ___________. _....__ ..,..", ; II AFFIDA VIT: I hereby .wear or a!form that' served 97-5989 Civil ' , ~ a copy uf the Nollca at Appual. Common Plai'IS No, _____~_. ,upon the District Justice deSignated therein on (da,e of s.mc.) October 28 ,19J!L, 0 by persollal '.'VIC. QI by (r.erhlled) (regl.tered) mall. sender's ,.celpt att.ched hereto. and upon the appellee, (nam.I...Qominic!LlUld.~ardone ,on October 28, . 19~ by pe..onal."rvlceltl by (cerlll..d) (reglSlorod) mail. sender's receipt attached hereto, ~ and lurlher that I ser...ed the Rule to File a Complalnl accompanYing the above Notice of Appeal upon the appelles(l) lowhom the Rule was addre...d on n.,~nhP.. ?'L___. 19.91-. [1 by p.rsonal .erVlce [jj by (certifl.d) (,egistered) mall. sender's receipt attache-d hereto SWORN (AFFIRMED! AND SUBSCRIBED BEFORE ME THIS 28th DAY OF October . 19~ \\""c t~\}~'Li,:-,_ S!gflillur. 0' ul/,';-',t; ""Io'fi "",!,:y~ d/!<:...'. .....i f!'Idl1lt 'tl'j) ir, CdKV S,gn.tuf.ol,II/ln, T;rl.oloif,cIdJ . MV cQmJl1t~slon t&J1~np5 on .19_. IlOTA"Al SlAl lIlCHAfl A RUNIJ.E, NOTARY PUBliC BeAO Of CARLISLE CUMBEALAND COUNTY MY COMMISSION EXPmES DlW,oBfllln '9". ('I c i .CclmIliM';'" 1 an4'ar :I Jot IddlioneI ",*-, .~........ ...1nlI 411, I .,. your,...,... ... ....... on IN ..... 01_ !ann eo NI .. '*' 11IlUm" -...... .ArIaah "'" IDfm 10 "" ltoI1 of h1~, Of on....... if..OI doeI not . .e:::".;..". """'~on'" ~ bIkIw '" 1ItIde~. . en. fWwn ~ MlIhow to WIlham.... IItIde .......Id Ind the dMe I- I _to: Susan K. Day 229 Mill Street, Box 167 Mt. Holly Springs, PA 17065 I ..... wteh to ........ ... ~_(""In ..... 1M): 1.0__'1__ . 2 0 R_ DIiIwry .I CorlIIJIt poe- "" 1M. f .... AI1lclI NurnbIt P269 343 290 41>. SaMel Typl j o Regiltered OC CerUlIed o e.p,... Mall u ,_ ~ o Aotum!looeipl lot MIn:Nnd.. 0 COD 1 .. I J 1 '.. 7. DIll Iu..>S~'Jl601l<J "".-~,,-,-,- i i I , I f c _ .', .~.;". l11W11012 for IddIIonIII NMc:eI, -ComI:MM.... 3,... and 4b. _PdnIi YOW nIfM .nd wIdtIu on 1M! AIWl'M of IhiIIDrm to N we can tIlIIum thi, -..- -Ahd'I..1Dnn D!he fronI of the~. ot on IhI o.dr if JI*II '** nee .w_~,...", ~ ~on thI rNIPIoI billow.... arttde 1UtIbIt. -The RIIIwn Rece6plwll.now 10 ~ "" tIUdI waf dIherId Ind 1M deN _. 2. 0 R_ 0eIIYIIy ConIuIt pclIlmUta, "" 1M. ..., MtcIe NIi'Jlbe< P269 343 432 4b. SelVice Type o FIIgIltered OJ Certl1Ied o e.preaa Mall 0 1_ o AotumRlc:all>lIot_ 0 COO 7. 0111 of Dell ry C' 't' 8.Addr 'IAddr_IOnIyIf_ted III1d lee Is plIkJ) I 8110 wteh to ,8CIlW 1he foIIowtng - ("" In ..... I..): . 1.0 Addr.llt.'.~ ! I j I .. I J 3. MtcIe r_to: Dcminick and Gael Nardone 3 Peach Court Gardnet's, PA 17324 l~iI80119 f". ",_ I. r-, \ /' L' L' CJ ~ l') o ! ~ 0 ~ " i ~ ~ ~ ~ ~ ~ ~ : ~ ~<(~~ ~ t; , , \ , , , , DOMINICK M. NARDONE and GAEL C. NARDONE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GARY MULLEN and DEBORAH MULLEN t/dlb/a FOUR SERVICES COMPANY Defendants NO. 97,5989 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT, If you wish 10 defend against the claims set fonh in the following Complaint, you must lake action within twenty (20) days after this Complaint and Notice are served, by entering a wrinen appearance personally or by anomey and filing in writing with the Coun your defenses or objections 10 the claims set fonh 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 funher 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 righlS imponantlo you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Coun Administrator, Fourth Floor Cumberland County Coun House Carlisle, PA 17013 Phone: (717) 240-6200 DOMINICK M. NARDONE and GAEL C. NARDONE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GARY MULLEN and DEBORAH MULLEN tldlb/a FOUR SERVICES COMPANY DefendanlS NO. 97-5989 CIVIL TERM COMPLAINT The above-referenced Plaintiffs, DOMINICK M, NARDONE and GAEL C. NARDONE, by and through their attorney, Paul Bradford Orr, Esquire, respectfully sets forth the following cause of action: I. Plaintiffs, Dominick M. Nardone and Gael C. Nardone, are adult individuals residing at 2 Peach Court, Gardners, Cumberland County, Pennsylvania. 2. Defendants, Gary Mullen and Deborah Hullen, trading and doing business as Four Services Company with a principal place of business at 40 Kings Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about January 2, 1996 Plaintiffs and Defendants executed a certain written agreement for the sale and purchase of real estate. A true and correct copy of the agreement is attach and Plaintiffs Exhibit" A". 4, The Plaintiffs have fulfilled all of the provisions of the agreement on their part to be performed. BREACH OF A CONSTRUCTION CONTRACT/UNWORKMANLIlKE PERFORMANCE/FAILURE TO COMPLETE 5. Paragraphs I through 4 are hereby incorporated by reference. 6. The selllement with regards to above the referenced Plaintiff's Exhibit" A", was on or about January 26, 1996, 7, At the selllement !able, the Defendant provided a wrillen one year warranty covering the construction of the residential dwelling located at 2 Peach Coun, Gardners, Cumberland County, Pennsylvania. A true and correct copy of that warranty is at !ached hereto and marked Plaintiffs Exhibit" B" . 8. On approximalely twelve occasions from January 26, 1996 until October 1996, significant water damage occurred to the lower level of the bi,level residential dwelling constructed by Defendant. Funhermore, from October 1996 until the present, water damage continues to accumulate each and every time any significant rainfall occurs. 9. Defendant was made aware of the water damage on numerou occassion and failed to remedy the problem under the warranty Defendant had given Plaintiff on the date of settlement. 10, Upon Defendants failure to remedy the problem under the warranty, Plaintiffs ob!ained an estimate from a local contractor for the construction of swale around the nonh side of the residential dwelling. A true and correct copy of the estimate is anached hereto and marked Plaintiffs Exhibil "Crt. II, On October 8, 1997 a hearing was conducled before Dislricl Justice Helen B. Shullenberger whereby judgment was entered in favor of the Plainliffs in lhe amount of $2,149.73. A true and correcl copy of the Notice of Judgment is allached hereto and marked Plaintiffs Exhibit "0". 12. Defendant has performed in a poor, improper, and unworkmanlike manner certain other things which were expressly or by necessary implication required by the agreement to be done and performed in a proper and workman like manner, as follows: a) door frame 10 downstairs living area was nol secured to the opening; b) some of the slone work on the front of the house was not properly secured with monar and thus some slones fell from the facing; c) front side walk inunedialely cracked in two separate places; d) bo!h septic tanks extensions and lids exposed approximately IS inrhes above ground; I e) aluminum siding damaged on rear of house; f) exterior front entrance light rusled; g) all bulb sockels on exterior front entrance and interior front entrance have "blackened" ; f) paint peeling from exterior front entrance way; g) wood on exterior wood deck warped; h) two of the four light sockets in !he two car garage can not be utilized due to !he improper inslallation of !he garage door opener; i) !he wall containing the electric/cable/phone/security alarm system is not I I enclosed nor insulated, !hereby during !he winter mon!hs wiring and exposed t I exterior wall are covered with frost and ice. ! i t j) downstairs ba!hrooms toilet waler consistently "runs"; t k) upstairs master ba!hroom toilet has not flushed properly since date of r i possession by Plaintiffs; ! I I) screens were never provided by Defendant although screens were negotiated for in contract; m) faulty installation of heater/air conditioner unit requiring disassembling of unit to replace fillers. 13, Defendant has failed and refused, and still refuses, to cure the aforesaid breaches, despite Plaintiffs repeated demands. 14, The reasonable cost of remedying the aforesaid breaches is in excess of $4,000.00. I verify that the statements made in the foregoing Complain! are true and correcl. I understand thaI false statements herein are made subject to the penalties of Pa, C,S. f 4904, relating to unsworn falsification to authorities. DATE: II-fly? ~_. /./-' /,iA ~ A'2f;.~ . :;?//.,/ ;{." - r" 'bominick M. Nardone, Plaintiff AgrCl'lllcnt for the Sale and Purchase of Real Estate 'fI/lS AGREEMI:'Nf. Il\ad~ lhis 2'''' day of January, 1996. I. PRlNGPALS: Between Garv Mullen and Deborah Mullen, his wife, of 40 Kings Gap Road, Carlisle. PenllSvlvania 17013, hereinafter called Sellers, and Dominick M. Nardone and Gael C. Nardone, his wife, of 70 Chestnut Ridge Road, Gardners, Pennsvlvania 17324, hereinafter called Buyer, 2. PROPER.IT: Sellers hereby agree to sell and convey to Buyer, who hereby agrees to purchase, all that certain lot or piece of ground with buildings and improvements thereon erected, if any. known as 2 Peach Court, Gardners (Dickinson Township). Pennsvlvania 17324, 3. TERMS: a. Purchase price, one hundred thirty thousand dollars ($130,000.00), to be paid to Sellers by Buyer as follows, b. Deposit, at the signing of this Agreement, receipt of which is herebv acknowledged $ 2,000.00 c. Deposit paid directly to sellers, at the signing of this Agreement, receipt of which is hereby acknowledged 5 10,000.00 c. Cash or certit1ed check at settlement 118,000,00 d. Total $130,000.00 e. Settlement to be made at the convenience of the parties on or about January 19. 19%. bUI in no e\'Cnl later lhan )anuar)' 31. 1996, f. TIle following shall bt' al'l'C1lliClnl'lll'ro rata as of and at time of setllemt'nt Taxes as levil'd and ;1~~l"S",d. It'IllS; Inlt'rest on mortgage assulllptiollS; condominium fees and hun\t'(J\\,ner associations fees. if any; water antVor sewer rents, if anv. togt'lhl'l with anv other lienable municipal services. All realty transfer laxes .~hall bt' divided t'venly unless otht'rwise provided herein. 4. MORTGAGE CONHN( ;J,M ,'Y; This Agreement is not conditional or contingent upon the sale or settlement of anv other real estate but is contingent upon sellt'rs obtaining a mortgage or financing as hereinafter provided. a. If contingent, mortgage principal amount $117,000.00 Type Conventional Minimum term 30 years, variable rate Maximum initial interest rate 5.99% Tenninal date for obtaining mortgage commitment January 12,1996 Broker may advise Buyer of possible sources of mortgage funds but cannot assume responsibility for obtaining Buyer's mortgage. If said mortgage loan cannot be obtained as herein provided, this Agreement shall be null and void and all deposit monies shall be ret\lrn~d to Buyer on or before date of settlement as provided herein, subject, however, to the provisions in paragraphs 4b and 4c, b. Buyer shall make a completed application to a responsible mortgage lending institution for the mortgage loan within 5 days from Sellers' approval hereof. Should Buyer fail to make such completed application within the specified time, it shall be at the option of Sellers, within five (5) days thereafter, to: i) Declare this Agreement null and void, at which time all monies paid on account will be forfeited to Sellers as liquidated damages. subject to the Rules and Regulations of the Pennsylvania Real Estate Commission, or ii) In absence of written notice to Buyer by Sellers declaring this 'J ~ Agrl'eml'nt null :llld \"id Iii,' ,'ondition and contingl'ncy provided for in this par;\~r;\I,11. I. 'gt'lht'r with any othl'r mortgage loan contingencies th;lllll;\\, I", ht'l't'in or endorsed hereto, shall no longer prevail and this Agn"'ll11'l\t shall remain effective according to its tenlls in the sanw nlanllt'l as if the condition and contingency wert' not a part hereof c. Sellers or agent must receive a written commitment for the mortgage loan. valid until the date of settlement. on or before the terminal date as specified. If the said connllilment is not furnished with the terms as specified herein, or on other terms accl"ptl'd in writing by Buyer, on or before the specified date. Sellers shall have the option, at that date or any other time thereaftl'r during lhe term of this Agreement, until but not beyond the date of receipt of lht' commitment by Sellers or agent, to declare this Agreement null and void by written notice to Buyer of their decision to cancel, at which timt' all deposit monies paid on account shall be returned to Buyer. subject to the payment required, if any. provided for in paragraph lOb. items i, ii and iii. d. Sellers hereby agree to permit inspections by authorized appraisers, reputable certifiers ancVor Buver as mav be required by the lending institution or insuring agencies, 5. STATUS OF WATER AND SnVl:R: Sellers warrant that this property is serviced by private water and private sewer. Further, Sellers warrant that these systems are fully paid for and. as of the date of this Agreement, are in satisfactory operating condition. Sellers warrant that thev have no infomlation that public water ancVor sewer will be assessed or installt'd for at least six (6) months after the date of settlement as aforesaid, 6. MUNICIPAL IMPROVEA'lfNTS: Sellers have no notices of municipal improvements. 7, SPECIAL CLAUSfS: a. Sellers to provide satisfactory water certificate. b. Sellers to provide termite. and pest.free certification if the land was not treated prior to construction, :\ S ['FUS( )NAL'IY: All existillg 1,11IIld,ill.\:. l\t',,'ill.~, air-conditioning and lighting fixturt's (including chandelil'nl ,llld W""IlI', "I'pmtellanl thereto and forming a part thereof, and other pellll""t'lll Ihlllll". ,,~ well as all ranges, laundry tubs, ldevisioll antennas. masts and rolnr 'V'I"IllS. logl'thl'f with wall-to-wall carpeting, screens, stornl sashes ancVor doors, sliad..." a\\1Iillgs, vellt'tian blinds, couplings for automatic washers and drvers etc , r"diator covers, cornices, kitchen cabinets. drapery rods, drapery rod hardware, curtain rods, curtain rod hardware, all trees, shrubbery, plantings now in or on propt'rtv. garage door openers, if any. unless specifically excepted in this Agrel'melll. arl' included in the sale and purchase price. None of the above-nll'lIlioned items shall be removed or substituted by Sellers from premises after date of this Agreeml'lIl, Any remaining heating ancVor cooking fuels stored on the premises at time of seltleml'1It are also included under this Agreement. Also includt'd are microwave oven. dishwasher, wood stove, curtains, outdoor motion lights. all poolmaintenancl' l'quipment, and all ceiling fans, Sellers hereby warrant that they will deliver good title to all of the articles descri bed in this paragraph and anv other fixtures or items or personalty specifically scheduled to be included in this sale, 9, INSULA T/ON: Urea.formaldehvde insulation, a possible toxic Insulating material, is not known to be present. 10, J1TLE AND COSTS: a. The premises are to be conveyed in fee simple by special warranty deed, free and clear of all liens, encumbrances and easements. excepting, however. the following: Existing building restrictions, ordinances. easements of roads, privileges or rights of public service companies, if any, or easements or restrictions visible upon the ground; otherwise, the title to the above-described real estate shall bc good and marketable or such as wl1l be insured by a reputable title insurance companv at the regular rates, b. Buyer will pay for the follo\\'ing: i) The premium for title insurance. mechanics lien Insurance ancVor title search. or fee for cancellation of same, if any. H) The premium for flood insurance ancVor fire insurance with extended coverage, insurance bindcr charges or cancellation fee, if any. I -~;. iii) Appraisal fees ;lIld ch;lIgn ,,:tid ill :tdvallcl' 10 mortgagee. if any, iv) Buyet's non11al seltlen\l'nl C"~l~ :tlld acrmals. unless otherwise stated herein, (', Any surveyor surveys which mav be n~quircd by the title Insurance company or the abstracting attofllev lor the preparation of an adequate legal description of the premises (or thl' mrrectionthereof) shall be secured and paid for by Sellers, However, anI' sllrvey or surveys desired by Buyer or required by his mortgagee shall be s,'cured and paid for by Buyer. d. In the event Sellers are unable to give a good and marketable title or such as will be insured by a reputable title company, subject as aforesaid, Buyer shall have the option of taking such title as Sellers can give without abatement of price or of being repaid all monies paid by Buyer to Sellers on account of the purchase price. and Sellers will reimburse buyer for any costs incurred by Buyer for those items specified in paragraph lOb, items i, ii and iii, and paragraph I Dc; and. in the latter event, there shall be no further liability or objection on either of the parties hereto and this Agreement shall become null and void, II, PiI YMEN'J' OF DEPOSIT: Deposits or hand monies shall be paid to attorney for Sellers, Michael Rundle, Esq" who shall retain the same until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Attorney for Buyer, Loudon L. Campbell, Esq" shall hold any uncashed check tendered as deposit or hand monies, pending the acceptance of this offer. 12, l'OSSESS/ON AND TENDl:'l/: a. Possession is to be delivered by deed, kevs and physical possession to a vacant building, if any, at day and time of settlement, or by deed and assignment of existing lease(s) at the time of settlement if premises is tenant-occupied at the signing of this Agreement, unless otherwise specified herein, Buyer will acknowledge existing Il'ase(s) by initialing said lease(s) at time of signing of the Agreement of Sale if tenant-occupied. b, Fon11al tender of an executed deed and purchase money is hereby waived, c, Buyer reserves the right to make a pre-settlement inspection of the subject rJ prt'misl's and will execute appropri:ll<' dill llllll'nlation of such inspection. I 'I IUSK ()F L< )SS: a. Sellers shall maintain property (including all items mentioned in paragraph 8 herein) and any personal properlV spedtlcally scheduled herein in its present condition, normal wear and tear excepted. b. Sellers shall bear risk of loss from t1rt' or other casualty until time of settlement. In the event of dam:lgt' 10 the property by fire or other casualty, Buyer shall have the option of rescinding this Agreement and receiving hand money paid on account or of accepting the property in its then condition with the proceeds of anv insurance recovery obtainable by Sellers. Buyer is hereby notified that he mav insure his equitable interest in this property as of the time of the acceptance of this Agreement. 14, IU1'RESEN'fA'fIONS: It is understood that Buyer has inspected the property or hereby waives the right to do so, and he has agreed to purchase it as a result of such inspection and not because of or in reliance upon any representation made by Sellers or any other officer. partner or emplovee of Sellers or by the agent of Sellers or in its present condition unless othem;se specified herein. It Is further understood that this Agreement contains the whole agreement between Sellers and Buyer and there are no other terms. obligations, covenants, representations. statements or conditions, oral or otherwise. of any kind whatsoever concerning this sale, Furthennore, this Agreement shall not be altered, amended, changed or modified except in writing executed by the parties hereto. 15, Rl:CORDING: This Agreement shall IlOt be recorded in the Office for the Recording of Deeds or in any other ofl1ce or place of public record, and if buyer shall record this Agreement or cause or permit the same to be recorded, Sellers may. at their option, elect to treat such act as a breach of this Agreement, 16, I\SS[(;NA.ll:N'I: This Agreement shall be binding upon the respective heirs, executors, administrators, successors and, to the extent assignable, on the assigns of the parties hereto; it being expressly understood. however, that Buyer shall not transfer or assign this Agreement without the written consent of Sellers being first obtained. 17, lJJ:'FI\UI.T--f'l'\'I/: IS OF nIl: J:SSfNCI:': Thc said timc for settlement and all other items referred to for the perfonnance of any of the obligations of this 6 Agn"'1I1"1I1 is h''1t'hv agreed to be of the t'SSt'lICt' "lilli', i\\:rt't'1I1"lIl. Should Buyer: a) Fail to make any additional paVT11ents as 'I",,'itin! ill paragraph 3; hl FUrrlish false or incomplete informatioll It> Sellns, Sellers' agent, or the mortgage lender concerning Buyc-r's legal or financial status, or fall to cooperate in the processing of the mortgage loall application, which acts would result in the failure to obtain the approval of a mortgage loan commitment; or c) Violate or fail to fulfill and perform anv of the terms or conditions of this Agreement . then, in such case, all deposit monies and othl'r sums paid bv Buyer on account of the purchase price, whether required by this Agreement or not, may be retained: i) By Sellers on account of the purchase price, or H) As monies to be applied to Sellers' damages. or Hi) As liquidated damages for such breach as Sellers may elect; and in the event that Sellers elect to retain the monies as liquidated damages in accordance with paragraph 17. item iii, Sellers shall be reJeased from all liability or obligation. as this Agreement shall be null and void, 18, LJI:Sc/W'nVl; IIFADING: The descriptive headings used herein are for convenience onlv and thev are not intended to indicate all of the matter In the , . sections which follow them. Accordingly. they shall have no effect whatsoever in determining the rights or obligations of the parties, 19, ,\GIU:J:MLNT THIS AGREEMENT CONTAINS THE WHOLE AGREEMENT BETWEEN SELLERS AND BUYER. THERE ARE NO OTHER TERMS, OBLIGATIONS, COVENANfS, REPRESENfATIONS, STATEMENTS OR CONDITIONS, ORAL OR OTHERWISE, OF ANY KJND WHATSOEVER CONCERNING THIS SALE. EXCEPT AS ATIACHED TO THIS CONTRACf. 7 Al'/'/U 1\',,\1 II r III 'riON, In witness whereof. the part v ht'Il"", intt'llding to be legally bound h'Tdl\', I\.IS ht'ft'lUlder St't his hand and seal the dav alld vt'ar first above written, Witness as to Buwr (SEAL) Dominick M, Nardolle. Buyer Witness as to Buyer (SEAL) Gael C, Nardone, Buyer APPROVAL BY SELLERS: Sellers hereby approve contract this 1996, day of Witness as to Seller (SEAL) Gary Mullen. Seller Witness as to Seller (SEAL) Deborah Mullen, Seller Il Qi)urt! Jj. ~UUell ,1/faur ~eruicel/l ClIompnnrJ 111umbillg - ,l{l'lltiUg - ~ltrlrirlll - QIol1etrurtiul1 a1l1rliele. 'II. 17013 Jl~lIl1e: (717) 486-7754 (,,J ....! ~j (I.. I. ,\ . II \ \ L l (( ~ ,'Y\..,- "fZ..~L;--J . <_,l...'.'\ ' , (',:' ~ td-- ) "...... , t.JI\ e t L.l (\ ( I), J .f\..0l\..t..1 f1.~()\ " \ , ---r-- C~ r _CLtc... d CCl.'c &4- I O'Y\....L '1--<' .: v l..- l 0 o.A-.. - () ,,{I " ~ ~ ITCc,/"}.,1..uvLl. . ~) P!w,tC-- _.._...~",...,.:..u___,....... JOHN W. GLEIM, JR., INC. EXCAVATING CONTRACTOR ~ PROP 90 STOVER DRIVE CARLISLE, PA 1/013 (l1I)24J 1160 166,~/0 PAGE 1 OF 1 PROPOSAL ------------------- -------------------------------------------------- TO: l'::>minick M. Nardune PHONE: ('11"/) 486-';.174 - 'l~;o p<;!acn-Coucf..'..---,..-------. DATE: september 25, 1996 G'~rd!!~.!'.!!.J=rA~~.r~}lL-=-~~-~.=__= LOCATION: Two_.Peacl!. c~~jL__.______. - -.......-----..----.------------------------------------------------ 1m pr:ltJOse ':0 llupply and I :lstall all equipment, labor, and mater ials r~;u:~~d to =~nf:tr~c': ~he ~~ll~~i~;: CONSTRUCT SWALF; ARorjND HOUSE..,."..".,..,....., $fl96. 00 PLACE STONE IN SWALE WHERE ERROSION IS OCCURING..$686,OO -- INSTALL SPOUTING DISCHARGE LINE TO DISPLACE WATER AWAY F'ROM HOUSE........................ .$488.00 $2,070.00 ---- -- ._---- ---.--.---- ~=-. ..:::.- _ ':.....':..~;..: ..:=~.;:;:.r. ~:.::::;..';...:=--=::::..=...~ -= ;:=.;:;.~.;;::=~=:.==:;:;:::;====:.=.;:;==========::::==============::r We prGpos~ to furnjs~ ffidtarial a~d labor - complete in ftccordance with ,.h'!! "bov!' !.'pecificatiulls, for the sum of:$2,070.00............*. 'l'WO ThOllSAN;) 5f;VENTY DOLLARS AND NO CENTS............................. --------------------.---------.------------..--------------------------- Payment to be wade as follows: Net 15, A finance charge of 1 1/2~ per month (18\ annually will be chacg~d en halance over JO days, (50% construction completed / 50% retcn~ion due - lOOt construction completed / 100% retention due. Maximum retention held, 10%) --------------------------------------------------------------------- ACCEPTANCE OF PROPOSAL - The above prices, specifications and ",,:,,",'-1; t ~ nrp:: .',,""r.'. s~+:isf:,:t:f'~!"~: ~,"'d:!r~ h9_t::,by :~,,:,'..:.gpt~.:L Y"Y':. :?I.:-C dut~0riz~J to do the w~rk U~ specified, Payment will b~ maJe as 0ut ilned above. -------------------------------.-------------------------------------- 'PI" n Jt.horize the start of '"ork, sign th~ accel?tanc.:e helow and return Oll'~ '''''I'.t '-lith your ~mrk ordeJ:jGontract to valldate c'>lIstruction. --------.---------------------..-------------------------------------- ;, !'.j!'!:: ;, This propo<:lal may b" withdrawn b~' uS .if not accepted within j,J day~.. :~~.Tr: (:1 .V.;t'EPT/'.NCE.: ~i !::h,'-':.'~:!~t:: SI~;NA'.i'{fi:tg ,'.I!':~1C,;': I~:.::'.-;,~~~:AT\J;;,~JZ-~~~/~ ____ _, __ ~=~_-~ DJl~E: .~ (,.:.,9(;---- .- .c:-,c, .' .-.--,-.-"- ~.,-..;"_';7,~,~.- I", :-:ii,'. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: . CUMBERLAND NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE PlAINTIFF: ........ .,.., Al'.U '.'. ~ARDONE, DOMINICK & GAEL I 2 PEACH COURT GARDNERS, PA 17324 L ~ .--.---- -.--.-."- ------- MlIJ D. No 09-3-03 llJ......"'" SUSAN K. DAY ~_ 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA VS, ,_ (717 )486-7672 17065 ATTORNEY FOR PLAINTIFF PAUL B, ORR, ESQ,L,( I 78 W. POMFRET ST, ~ \ CARLISLE, PA 17013~ 1\ DEFENDANT: NAME.nlJ "'LU._~ ~ARY J. MULLEN DBA FOUR SERVICES C~ 40 KINGS GAP ROAD CARLISLE, PA 17013 L ~ OocketNo,: CV-0000256-97 Dale Filed: 8/18/97 THIS; IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was enlered for: _-4..' FOR PLAINTIFF (Name) _ NARDONE. DOMINIr.K " aAET. ~ Judgment was entered against: (Name) GARY.T" M1JT,T,EN DBA FOllR SERVICES CO In the amount 01 $ (Date 01 Judgment) (Date & Time) 10/0R/ll7 2,149.73 on: o Damages will be assessed on: o This C;8Se dismissed WiUloul prejudice. Amount 01 Judgment Judgment Coats Interest on Judgment Attorney Fees $ 2.070,00 $ 79.73 $ .00 $ .00 2.149.73 TOTAL $ o Levy is stayed lor _ doy~ or 0 generally stayed, o Objection to levy has been nled and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH yOUR NOTICE OF APPEAL I . District Ju.stice Date ", I CBrtity that this Is a true and correct copy 01 the record 01 the proceedings containing th,e judgment.: , Date ,Dls~,lcf Justice ." My commission expires nrst Monday 01 January, 19 91l SEAL , , ,1i!XHIIIT AOPC3HHl1 J ....., -. .... - ~ D DOMINICK M, NARDONE and GAEL C, NARDONE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW GARY MULLEN and DEBORAH MULLEN t/dlb/a FOUR SERVICES COMPANY Defendants NO. 97-5989 CIVIL TERM CERTIFICATE OF SERVICE I hereby cenify that on this dale, November 11~1997. I mailed a copy of the Complaint as caplioned above to the Defendants counsel at the fl)lIowing address by U,S. Mail. po.tage prepaid, cenified mail, relUrn receipt requested 10: Michael Rundle, Esquire 28 Soulh Pi It Slreet Carlisle. PA 17013 Date: n ~6V l ~~1 t9 Paul Bradford Orr, Esq,