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< GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY e. WEAVER
No. fY) - ~:J I ~~
CUI(Y~
v,
JACK GAUGHEN, INC, t/d/b/a JACK
GAUGHEN REAL TOR ERA, MARTHA e.
WHITE, and DILLSBURG SEPTIC &
EXCAVATING a/k/a DILLSBURG
SEPTIC, EXCA VA TING & PAVING, INe.
TO THE WITHIN DEFENDANTS:
NOTICE
You have been sued in court If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering
a written appearance personally or by attorney and filing in writing with the court your defense 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator
Cumberland County Courthouse
I Courthouse Square, 4th Floor
Carlisle, PA 17013-3387
GER, BYLER & THOMAS, P,C.
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By:
George T. Cook, Esquire
Attorney LD, #62664
28 Penn Square
Lancaster, PA 17603
(717) 299-11 00
Attorneys for Plaintiffs
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, GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER
No. 0'0- (. .l.J3 CU;;..( I~
v.
JACK GAUGHEN, INC. t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA C.
WHITE, and DILLSBURG SEPTIC &
EXCA V AnNG a/k/a DILLSBURG
SEPTIC, EXCAVATING & PAVING, INC.
COMPLAINT
1. Plaintiffs, David Michael Weaver and Amy C. Weaver, are husband and wife and
reside at 2338 South Market Street, Mechanicsburg, Pennsylvania 17055.
2. Defendant Jack Gaughen, Inc. is a Pennsylvania corporation trading and doing
business as Jack Gaughen Realtor ERA, a fictitious name owned by Jack Gaughen Inc., with a
registered office located at 3800 Market Street, Camp Hill, Pennsylvania 17011.
3. Defendant Martha C. White is an adult individual residing at 2828 Momingside
Drive, Camp Hill, Pennsylvania 17011.
4. Defendant Dillsburg Septic & Excavating a/k/a Dillsburg Septic, Excavating &
Paving, Inc., collectively ("Dillsburg") is a Pennsylvania corporation with its principal place of
business located at 516 Range End Road, Dillsburg, Pennsylvania 17109.
5. On July 13, 1999, Plaintiffs entered into an Agreement for the Sale of Real Estate
("Agreement") with Defendant White. A copy of the Agreement is attached hereto as Exhibit A.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
6. Pursuant to the Agreement, Plaintiffs agreed to purchase 2338 South Market Street
(the "Property"), in Upper Allen Township, Cumberland County, Pennsylvania from Defendant
White for the purchase price of$144,850.
7. At all times during the course of events set forth herein, Defendant Jack Gaughen,
Inc. t/d/b/a Jack Gaughen Realtor ERA was acting as an agent for both the Plaintiffs and Defendant
White.
8. Negotiations for the sale of the property were handled by Defendant Jack Gaughen,
Inc.
9. In connection with the sale of the property, Defendant White completed a Seller's
Property Disclosure Statement on July I I, 1999. A copy of the Disclosure Statement is attached
hereto as Exhibit B.
10. In response to question 8( d) of the Disclosure Statement, Defendant White stated the
property had an on site septic tank.
11. In response to question 8(h) of the Disclosure Statement, Defendant White stated she
was unaware of "any leaks, backups, or other problems relating to any of the plumbing, water, and
sewage related items."
12. In response to question 12( e) of the Disclosure Statement, Defendant White indicated
that a swimming pool was included in the sale ofthe property.
13. In response to question I2(j), Defendant White indicated that the swimming pool was
not in need of repair or replacement.
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, GTC:SPP:jap: 199978.1 (19373.001 ) 9f7100
14. Prior to the closing, Defendant Dillsburg was retained by the Plaintiffs to perform an
inspection of the septic system at the property.
15. Defendant Dillsburg inspected the septic system and issued its report on July 20,
1999. A copy of the Report is attached hereto as Exhibit C.
16. The report issued by Defendant Dillsburg lists no defects or malfunctions with the
septic system.
17. Plaintiffs purchased the property for the sole purpose of using it as their residence.
18. Plaintiffs took title to the property on September 17, 1999.
19. Following the closing date, it was discovered that the dishwasher and laundry disposal
systems were not hooked into the septic system. Rather than flow into the septic system, water from
the dishwasher and washing machines flowed uncollected into the yard.
20. The condition of the septic system was not discernible to the Plaintiffs upon their
examination of the property prior to the sale and was not an obvious defect of the property.
21. Plaintiffs relied on Defendant Dillsburg's expert evaluation of the septic system.
22. Defendant White, as the prior occupant of the property, had direct knowledge of the
malfunctioning septic system.
23. Prior to Plaintiffs' taking title, neither Defendant White, Defendant Jack Gaughen,
Inc. or Defendant Dillsburg ever disclosed the condition of the septic system to the Plaintiffs.
24. The condition of septic system existed at the time the Agreement was negotiated and
executed but remained undisclosed to Plaintiffs until after Plaintiffs took title and discovered the
defect on their own while using water within the property.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
25. To remedy the malfunctioning septic system, it will be necessary to replace the entire
system. Such replacement will cost Plaintiffs between $10,000 and $20,000. A copy of an estimate
for replacing the system is attached hereto as Exhibit D.
26. Following the date of the closing, Plaintiffs leamed of a leak in one of valve lines into
the swimming pool.
27. Plaintiffs are unable to use the broken valve line.
28. Defendant White, as the prior occupant of the property, had direct knowledge of the
broken valve line.
29. The condition of the broken valve line was not discernible to Plaintiffs upon their
examination of the property prior to the sale and was not an obvious defect of the property.
30. Prior to Plaintiffs' taking title, neither Defendant White or Defendant Jack Gaughen,
Inc. disclosed the condition of the broken valve line.
31. Repair of the valve line will cost Plaintiffs approximately $5,000.
COUNT I - Breach of Contract
Plaintiffs v. Defendant Martha C. White
32. Paragraphs 1 through 31 of this Complaint are incorporated herein by reference.
33. Plaintiffs and Defendant White had a contract for the sale of real estate.
34. Defendant White breached the contract by failing to convey a property with a properly
functioning septic system and a properly functioning swimming pool.
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35.
Plaintiffs will incur expenses in order to achieve the expectations they had when they
initially purchased the property.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
36. Defendant White is liable to Plaintiffs in the amount of $25,000 plus costs.
WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant Martha C.
White for breach of the Agreement of Sale of Real Estate in the amount of $25,000, plus costs and
other relief this court deems just and proper.
COUNT II - Breach of Contract
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsburg Septic. Excavating & Paving. Inc.
37. Paragraphs I through 36 of this Complaint are incorporated herein by reference.
38. Plaintiffs and Defendant Dillsburg had a contract for an inspection of the septic
system on the property.
39. Defendant Dillsburg breached the contract by failing to perform a proper inspection
which would have revealed the malfunctioning condition of the septic system.
40. Plaintiffs will incur expenses in order to achieve the expectations they had when they
retained Defendant Dillsburg to inspect the septic system and when they purchased the property.
41. Defendant Dillsburg is liable to Plaintiffs in the amount of $20,000 plus costs.
WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant Dillsburg
for breach of the Agreement of Inspection of the Septic System in the amount of $20,000, plus costs
and other relief this court deems just and proper.
COUNT III - Fraud
Plaintiffs v. Defendants Jack Gaughen. Inc. t/d/b/a
Jack Gaughen Realtor ERA and Martha C. White
42. Paragraphs I through 41 of this Complaint are incorporated herein by reference.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9/7/00
43. Defendants White and Jack Gaughen, Inc. made false and material statements and
omissions to the Plaintiffs with respect to the functionality of the septic system and the swimming
pool system.
44. Defendants White and Jack Gaughen, Inc. failed to disclose that the dishwashing and
laundry systems were not connected to the septic system and failed to disclose that the swimming
pool valve line had a leak.
45. Defendants White and Jack Gaughen, Inc. failed to disclose that the water from the
dishwashing and laundry systems ran into the yard.
46. Defendants White and Jack Gaughen, Inc. represented in the Seller's Property
Disclosure Statement that there were no problems relating to the septic system.
47. Defendants White and Jack Gaughen, Inc. represented in the Seller's Property
Disclosure Statement that the swimming pool was not in need of repair or replacement.
48. Defendants White and Jack Gaughen, Inc., by and through their agents, intended that
Plaintiffs rely on the above statements and omission.
49. Plaintiffs did, in fact, rely on Defendants White and Jack Gaughen, Inc.' s statements
and omissions in entering into an agreement of sale.
50. As a result of Defendants' statements and omissions, Plaintiffs will incur additional
expenses totaling $25,000 for repair of the swimming pool and replacement of the septic system.
51. Defendants' conduct is outrageous and was undertaken with gross negligence and
reckless indifference to Plaintiffs' rights and interests.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants Martha C.
White and Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA, jointly and severally, in the
amount of $25,000 and in the amount of at least $100,000 for punitive damages, plus costs and other
relief this court deems just and proper.
COUNT IV - Fraud
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsburg Septic. Excavating & Paving. Inc.
52. Paragraphs 1 through 51 of this Complaint are incorporated herein by reference.
53. Defendant Dillsburg made false and material statements and omissions to the
Plaintiffs with respect to the functionality ofthe septic system.
54. Defendant Dillsburg failed to disclose that the dishwashing and laundry systems were
not connected to the septic system.
55. Defendant Dillsburg failed to disclose that the water from the dishwashing and
laundry systems ran into the yard.
56. Defendant Dillsburg, by and through its agents, intended that Plaintiffs rely on the
above statements and omission.
57. Plaintiffs did, in fact, rely on Defendant Dillsburg's statements and omissions in
entering into an agreement of sale with Defendant White.
58. As a result of Defendant Dillsburg's statements and omissions, Plaintiffs will incur
additional expenses totaling $20,000 for replacement of the septic system.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9/7/00
59. Defendant Dillsburg's conduct is outrageous and was undertaken with gross
negligence and reckless indifference to Plaintiffs' rights and interests.
WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant Dillsburg
in the amount of$20,000 and in the amount of at least $100,000 for punitive damages, plus costs and
other relief this court deems just and proper.
COUNT V - Pennsylvania Unfair Trade Practices and Consumer Protection Law
Plaintiffs v. Defendants Jack Gaughen. Inc. t/d/b/a Jack Gaughen
Realtor ERA. Martha C. White. and Dillsburg Septic & Excavating
a/k/a Dillsburg Septic. Excavating & Paving. Inc.
60. Paragraphs I through 59 ofthis Complaint are incorporated herein by reference.
61. A defendant liable for fraud as set forth in Count III and Count IV above is also liable
in a consumer transaction under the Pennsylvania Unfair Trade Practices Act and Consumer
Protection Law, 73 P.S. ~ 201 et. seq., for treble damages and attorney's fees as set forth in Section
9.2 of the Act, 73 P.S. ~ 201-9.2.
62. The transactions between Plaintiffs and Defendants set forth herein are consumer
transactions since they were undertaken for Plaintiffs' personal, family and household purposes, as
set forth in Section 9.2(a) of the Pennsylvania Unfair Trade Practices Act and Consumer Protection
Law, 73 P.S. ~ 201-9.2(a).
WHEREFORE, Plaintiffs demand judgment in their favor and against all Defendants, jointly
and severally, and demand relief in the amount of three times $25,000, plus reasonable attorneys'
fees, plus costs and other relief this court deems just and proper.
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GTC:SPP:jap: 199978.1 ( 19373.001 ) 9f7100
COUNT VI - Negligent Misrepresentation
Plaintiffs v. Defendant Jack Gaughen. Inc. t/d/b/a
Jack Gaughen Realtor ERA and Defendant Martha C. White
63. Paragraphs 1 through 62 of this Complaint are incorporated herein by reference.
64. Defendants had a duty to disclose the malfunctioning septic system and the broken
swimming pool valve line to Plaintiffs.
65. Defendants had a duty to disclose all defects know to be material to the transaction
between the parties.
66. Defendants knew that the malfunctioning septic system and the broken swimming
pool valve line were material to Plaintiffs who intended to use the property as a family residence.
67. Plaintiffs made their intentions to use the property as a family residence known to
Defendants through their real estate agent during the course of negotiations for the purchase of the
property .
68. Defendants breached their duty of disclosure by failing to disclose the malfunctioning
condition of the septic system and the broken swimming pool valve line.
69. Defendants knew or should have known of malfunctioning septic system and the
broken swimming pool valve line and/or the anticipated need for repair or replacement of the system
and line.
70. Defendants failed to use reasonable care and competence in obtaining and
communicating information concerning the septic system and swimming pool.
71. Defendants negligently misrepresented to the Plaintiffs the condition of the septic
system and swimming pool.
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WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants Martha C.
White and Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA, jointly and severally, and demand
relief in the amount of $25,000, plus costs and other relief this court deems just and proper.
COUNT V - Negligence
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsburg Septic. Excavating & Paving. Inc.
72. Paragraphs 1 through 71 of this Complaint are incorporated herein by reference.
73. Plaintiffs' damages were caused by the negligence and carelessness of Defendant
Dillsburg in that it:
(a) failed to conduct an adequate inspection of the septic system;
(b) failed to discover that the dishwashing and laundry systems did not connect
to the septic system;
( c) failed to discover that the septic system would be wholly inadequate for the
Plaintiffs' needs;
(d) failed to inquire or failed to adequately inquire into the system's past
mechanical history; and
(e) failed to discover that the septic system had previously allowed untreated
waste water to run into the yard.
74. As a result of Defendant Dillsburg' s negligence, Plaintiffs will incur substantial costs
in replacing the septic system.
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GTC:SPP:jap: 199978.1 (19373.001) 9f7100
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor
and against Defendant Dillsburg in the amount of $20,000, plus costs and other relief this court
deems just and proper.
Respectfully submitted,
BLAKINGER, BYLER & THOMAS, P.C.
By~q- ~
George T. Cook, Esquire
Attorney LD. #62664
28 Penn Square
Lancaster, PA 17603
(717) 299-11 00
Attorneys for Plaintiffs
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. 'SPP:JAP: 199978.1 (19373.001) 8/2100
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the best
of my knowledge, information and belief. This verification is made subject to the penalties of 18
Pa. C.S.A. S 4904, relating to unsworn falsification to authorities.
"
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avid Michael Weaver
Dated:
Cf)?
(
,2000
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STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
n", f,,,,,, ,,,,,g,,,mc,,,",d .1"d 'rr,n'e.l r~,. 1>." ",. ""'"ern),~ o<e ~y. rhe ""'In""" fif 'he PeM.,I",",. A,,,,,,;.,,,," or REAl.TORS'" rPAR)
AlS Residential
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8 Address ././},. -'..r."'''' /,';",,' - <'~ -";/
9 J'::'A Zip Code J ,-Y.-cl:J hereofter "Buyer."
to 2. PROPERTY (1-98) Seller hereby agrees 10 sell and convey to Buyer, who hereby agrees to purchase: 11}
11 " ALL THAT CERTAIN lot or piece of ground with buildings and im'p.!!'vements Jhereon eret:ted.iC~; known as: -~. ..~ " 11
12 \ :?~7.:.9--, <n,y'::" /J"'1.<.1,J-:r-=' C-r~.,.--r /) .:x...../~...~,,-/.!('$.OJ'7 12
13 " '. : . in the --.'<:::"'v......... _l'j.. (. -' of I \'j:-, -r '" ;p 11'(" "".-' 13
1,\. CountyoC /F~' _~f'.~',,_.l in the Commonwealth oCPenll5ylvania, Zip Code )-;J("',,;-~ 14
%;') J5) IdenUncalion (e.g., Tax 10#; Parcel II; Lot, Block; Deed Book, Page, Recording Date), 15
\1 ... ~~~.."., ,......J "".16
'~,.;;r.:_I.~.) ERMS(1-98)(A}PurchasePrice ("'y..J:> ;..1, ..../Jr/"'....~~.~~~:, ~,~~_. t.:~=t;-/.j1-0,.'~O;I~~ ::
" 9 which shall be paid to Seller by Buyer as follows: / 19
8 (B) Cash or check at signing this Agreement: $ ,.(y"~. c:. '.J 28
~> :~i :::'O~:::'~'O:':::;':~'h,,"tl;m'Of,,"['m,"' r._ : ;::t-~ 7~ ~",~)
\;: TOTAL $ _ - ,-- ~. ~-'.1~
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PA LICENSED BROKER
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AGENT FOR SELLER
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SUBAGENT FOR SELLER
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AGENT FOR BUYER -C~.-:"'i:: /y-"...<t:v,-) k:"'.-~ i.J,,/
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1. tl)fe lllljreement d..,d
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Deposits to be held by Agent for Seller. unless othe~ise s,t~t,ed ~~~
Written approval of Seller to be on or before: /' - ,.:_ :? ..
Settlement to be made on or before: q - ~ (J-7~
Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
. Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
At time of settlement. the following shall be adjusted pro-rata on a daily basis between Buyer and Seller. reimbu~ing where applicable:
taxes; rents; interest on mOl1gage assumptions; condominium fees and homeowner association fees, if any; water andJor sewer rents. if
any, together with any other lienable municipal service. The chilrges are to be pro-rated for the period(s) covered: Seller will pay up 10
and including the date of settlement; Buyer will pay for all days following settlement. unless otherwise stated here:
"
4. FIXTURES AND PERSONAL PROPERTY (1-98) 37
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Propeny. free of liens. including plumb-- JR
ing; healing; lighting fixtures (including chandeliers and ceiling fans); water treatment s}'slems: pool and spa e~uipmenl; garage door 39
openers and transmitters; television antennas; Shrubbery. plilntings i1nd unponed trees; any remilining heating ant! cooking fuels stored .10
on the Propeny at the time of settlement; Willi to wall carpeting; shades. blinds. window covering hardware; b~i1t-in air conditioners; .11
built-in appliance.~; and the range/oven unless otherwise stilled. Also included: .1<
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(B) EXCLUDED fixtures and items: .1d
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S. SPECIAL CLAUSES (1-98)
(A) ~uyer and Seller acknowledge having received a .~tatement of their respective estimated closing costs before signing this Agreement
of Sale.
(B) ~..uuyer acknOWledges receipt of Seller's Property Disclosure Statement before signing this Agreement. if required by law. (See
Notice, Information Regilrding the Seller's Propeny Disclosure Act.)
(C) j(Buyer i1cknowledges receipl of the Deposit Money Notice (for cooperative sales when Agent for Seller is holding deposit money)
before signing this Agreement.
(0) The following are a part of this Agreement if checked:
,PrLimited Dual Agency Addendum (PAR Form 140)
o Sale & Settlement of Other Propeny
Contingency Addendum (PAR Form 130)
o Sale & Settlement of Other Property Contingency
with Right to Continue Marketing Addendum
(PAR Fonn 13 I)
I
~Setllement of Other Property Contingency
(PAR Form 133)
o Tenant-Occupied Property Addendum (PAR Form TOP)
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Buyer Initials: X il/' .,;...1
AJS Residential Page 1 or 8
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COPYRIGHT PENNSYLVANL\ ASSOCIATION OF REALTORSel998
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6~ ,0 WAIVED. This sale is NOT contingent on mortgage financing.
. 70 )Kl ELECTED
71 (A) This sale is contingent upon Buyer ob~g;rr~rtgage financing as follows:
n I. Amounlofmortgageloan$ ,~~O
~3 2. Minimum Term ::'C" ~'ears
74 J. Type ofmon~ag:.. r:/..'_.~ ' ." ': 1
... 4. Interest rale '/' ~--t I %; however. Buyer agrees to accept the intereo;t rate as may be_committed by themo gage lender, not to
76 exceed a maximum interesl raleof y" '1'c-. , ,_.... ':- .'" ,. ." '. k"
,;..... . .,.! ,." , ...
77 5. D_iscount points, ~?an origination, loan placement and other fees ~~ro:gcd by ~er as a percent.age o.f the mort age loan (excluding
78 any mortgage insurance premiums or VA funding fee) not 10 exceed -< % of the mortgage loan.
79 The interest rate and fees provisiuns required by Buyer are satisfied if a ;ortgage I~nder makes avai!able to Buyer the 'ght to guarantee an
IIQ interest rate at or below the Maximum Interest Rale specified herein with tlie percentage fee.~ at or below the amount s Hied herein. Buyer
El gives Seller the right, al Seller's sole option and as permined by the lending institution and applicable laws, to contribu financially, without
82 promise of reimbursement. to the Buyer and/or lender-to'make the above term.~ available to Buyer.
8~ (B) Within 10 days of the execution of Ihis Agreement. Buyer shall make a completed, wrilten mortgage application to a re.c;po sible mortgage lend-
Bf, ing instilutilln through the office of Agent for Buyer. if an}'..otherwi~e through the office of Subagent for Seller, if any, r Agen! for Seller, if
as any. This Al!enl is authorized to communicate wilh the lender for the purposes of assisting in the mortgage loan p cess.
a~ (C) I. Upon recdpt of a mortgage commitment, Bu'yer a.nd/or Agent will promptly deliver a c.opy of the commitment to A ent for Seller, if any,
r.~ otherwise to Seller.
llU 2. Mortgage commitment date 9 - /b -"7 S . ,If a written commitme t is not received by
1I~ Agent for Seller. if any. otherwise by Seller, by the above date, Buyer and Seller agree to extend the commitment ate until Seller ter-
9(1 minates this Agreement in writing.
91 3. Seller has the option 10 lerminate this Agreement in writing, on or after the mortgage commitment date, if the mort age commitment:
!12 a. Is nol valid until the date of settlement, OR
93 b. Is conditioned upon the sale and settlement of an~; other propert)'. OR 93
94 c. Contains any other condition not specified in this AgreemenL 94
95 4. In the event Seller doe~ not terminate this Agreement as provided above. Buyer has the option to terminate this Ag ement in writing if 95
9E the mortgage commitment: 96
97 a. Is not obtained by or valid until the date of settlement, OR 97
9P. b. Is conditioned upon the sale and settlement of any other property which do not occur by the date of settlem nl, OR 9&
<J!: c. Contains any other condition not specified in this Agreement which Buyer i~ unable to satisfy by the date of s ttlemenl. 99
1{111 5. If this Agreement is terminated as ~pecified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account 0 purchase price shall 100
1111 be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or title search. r fee for cancellation 101
1112 of same, if any; AND/OR any premiums for nood insurance and/or fire insurance with extended coverage, insur ce binder charges or
10~ cancellation fee. if an~: ANDIOR any appraisal fees -and charges paid in advance to mortgage lender.
10~ (D) If the mortgage lender requires repair.; to the Property, Buyer will, upon receipt. deliver a copy of the mortgage lender's r quirements to Agent
in!', for Seller. if any. otherwise to Seller. Seller ~hall, within 5 days of receipt of Ihe lender's requirements, notify Buyer whet er Seller shall make
10~ the required repairs at Seller's expense.
1m I. If Seller chCX?ses to make repairs. Buyer shall accept the Property an'd agree to the RELEASE set forth in paragraph 6 of t~is Agreement. .
l:JS 2. If Seller chooses nollo make the required repairs, Buyer will, within 5 days, notify Seller in writing' of Buyer's ch ice to terminate the
109 Agreement of Sale OR make the required repairs at Buyer'~ expense and with Seller's permission, which shall not unreasonably with-
1~~ held. If Seller denies Buyer permission to make the required repairs,' Buyer may, within 5 days of Seller'~ denial, Ie nale this Agreem~nL
111 If Buyer terminates this Agreement, all deposil monies paid on account of purchase price shall be re.!Vrned promp Iy 'to Buyer and this
HZ \ Agreement of Sale will be NULL and VOID,
11;; \ (E) Seller Assisl
i:'h4 j \ ~ NOT APPLICABLE
J '~. J -..;;t!r APPLICABJ.,E. Seller shall pay:
.... 16....('-1 )if.$ LI, )L/:)"". 5""0 ,maximum, toward Buyer's costs as permitted by the mortgage lender.
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(FJ It is expre~sl)' agreed that notwithstanding any other provisions of this contract. Buyer shall nl?t be obligated to complet the purcha.~e of the 121
Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has en given, in accor- 122
dance with HUDIFHA or VA requirements. a wriucn stalement by the Federal Housing Commissioner, Ve~dmin straiion, or a Direct 123
Endor.;ement Lender setting forth the appraised value of the Property of not Ics~ than $ _____ (the dollar amount 10 be 124
inserted is the sales price a~ stated in Ihe Agreement). Buyer shall have the privilege and option of proceeding with con~u malion of the con. 125
tract without regard to the amount of lhe appraised valualion. The appraised valuation is arrived at to determine Ihe ma imum mongage the It6
Department of Housing and Urban Development will insure. HUD doe.~ not warmnt the value nor the condition of the P pet1y. Buyer should 127
~atisfy himselflherself ~at the price and condition of the Property are acceptable. , . . 128
Warning: Seclion 1010 of Title 18, I.S.c.. Department of Housing-and Urban Development provides, "Whoever for the urpOM: of,.. innu. 12~
encing in any way the action of ~uch depanment. . . makes. pas~es, utters or publishes any statement knowing the same t be false. .. shall be 130
fined nol more than $5,000 or i'!lpnsoned not more than two years, or both." 131
(OJ U.s. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: 132
THE IMPORTANCE OF A HOME INSPECTION 133
HUD does not warrant the condition of a property. (See Noti~s and Information on Property Condition In~~clions.) t34
(1-1) Certification We Ihe undersigned, Seller(s) and Buyer(s) party to Ihis transaction each cct1ify that the lerms of this conI act for purcha~e are 135
true to the best of our knowledge and belief, and that any other agreement enlered into by any of lhe~e parties in connecti n Wilh this transac- 136
tion is attached 10 this Agreement of Sale. 137
7. INSPECTIONS (1-98) 138
(A) Seller hereby agrees to permit inspections by authoriz.ed appraiJrers, reputable certifiers, insurer's rcprc~entative~, surveyo. municipal officials 139
and/or Buyer a.~ may be required by the lending institulions. if any. or in~uring agencies. Seller further agrees to permit a yother inspections 14.0
required by or provided for in the terms of this Agreement. 141
(8) Burerrescrves the right to make a pre-settlement walk-t~rough inspection of the Property. Buye(s right to make Ihis ins ction is not waived 142
by any other provision of this.Agreement. ' " 143
eCl Seller will have healing and all utilitics (including fue1(s)) on for the in~pections. 144
8. PROPERTY INSPECTION CONTINGENCY (1-98) 1.15
o WAIVED. Buyer understands that Buyer has the oplion to request inspection~ of the Property (see Property Inspection and Environmental 14li
. ~otices). ~~:~R WA!V~ THIS OPTION and agrce~ to the RELEASE set forth in paragraph 26 of this Agreement. '. 147
148 BuyerIndlals:"( ~..IJ AIS Residential Page20fa Seller Initials:' ~l ';" ._,J 148
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. lA) Within ~ (Jays nfthe C:\:CCUlIOIl of 11m Agreement. Buycr.lll Buyer s expense. may ch()o~c 10 have m.~pc~t'ons am!lnrlccrlll.'~atlon~ ~IJ~~ ',,~
pleted by ]it:cn.~~d or \Jlhcrwi~c qu.l1ilicu prnfcssionals (see Propo:rly Inspection amI Environmental Notices). Other proVIsions nl thts
Agrccnu;nl m,IY rlnlVidc for in~pcclillns and/of ccrtilic:llluns Ilml :lfC nnl waived or altcrctl by Buyer's electinn here. If Buyer is not salislictl '-'1
. /with the condition of the Property ,IS ,stilled in any writlCIl report. Buyer will, within the time lIiven for comp1ctinll inspcclillns:
)?J OpOllll I . . .
1. Accept the Property with, the inforlllnlioll -,lated in the rcpnrl(s) and agree In the RELEASE set forth 10 parngrJph ~6 IIf tillS
AgrcC111Cnl.OR ::,.,
2. Tcrminalc tflc Agrecmcnt Df Sule in writing hy notice to Agent for Seller, if tmy, olhcrwise to Sclkr, within the time given For inspection, :'j;
in which case all dcpnsit mllnies paitl on ,lC\:OUnI of purchase price shall be returnetl promptly to Buyer ami this Agreemcnl will :0,,1
be NULL arld VOID.
o Option 2
I. Accept lhe Property with lhe infornmtion Slated in the rcportls) and IlgrcC to Ihe RELEASE set Furth in pal".lgmph 26 of this
Agreement. UNLESS the !tltlll cns! In cOlTCl'tthe cnntlitions contained in the rcp\lrt(sJ is mnre th:ll1.$
2. If the towl ~llst to cnrrcct the contlitinns con\i1incd in the reptlrt!s) EXCEEDS the mouunl spccifieu in paragmph RiA) iOptinn :!} I.
lIuyer will (lclh'cr Ihe repIJrl(s) III AAent for Seller, iF lmy. ntherwise tn Seller, wilhin Ihe time given for inspection.
a. Seller will, within ~ days of rct:eiving lhe repm1{s). inFonn Buyer in writing of Seller's choice tn:
I} Make repairs hefore settlement Stl thill the rem"ining CIlSt to repairt:onditions contained in the reportls) is less than urequal to
theanmuntspccHieuinp:lragraph8(A/iOptinn2) I.
2) Credit Buyer at _'e\llcl11ent ror the difference belween the estimuted cost Ill' rep:liring the ctllltlilillns cnntaineu in the rcpnrtr.~)
arId the am~1l1nt spccilledln paragmph 8. (Al (Option 2) I, Thi~ QPtim\ must he t1Cccptuble tt! the mortgage lender. if any.
J) Not nmke repairs anti not credit Buyer ut,<;e\llernent for any derecls in conditions eontaincu in the report(s).
b. IF Sdk'r chllo.~es tll make repairs or credit Buyer at settlement as specified in pnragmph 8 (AJ (Option 2J 2, Buyer shall accept the
Prnper(y and agree to the RELEASE .~ct forth in par.lgraph 26 of this Agreement.
c. If Seller chooses nOl to make repairs und nOI to creuit Buyer at settlement, or if Seller fails 10 choose any option within the lime
givl!n. Buyer will within _ d.1YS:
I) Accept the Property with the infonnation stated in the report(s) and agree to lhe RELEASE set Forth in paragraph 26 of thi,~
Agreement. OR
2) Tcnninnte the Agreement of Sale in writing by notice to Agent for Seller, if any. otherwise 10 Seller, in which case all deposit
monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL anu
VOID.
(B) Buyer's failure to exercise any of ntlyer',~ options within the lime Iimils specified in Ihis paragraph shall constitute a WAIVER of this
contingency 3ml Huyer accepts the Property and agrees to the RELEASE sel forth in paragraph 26 of this Agreement.
9. WOOD INFESTATION CONTINGENCY (1.98) ...
o WAIVED. Buyer understnnds that Buyer has the option to request thnt the Property be inspected for wood inFestation by a certified Pest Control
, .-operator. BUYEIt WAIVES THIS OPTION nnd agrees (0 the RELEASE set forth in paragraph 26 of this Agreement.
$ ELECI'EO
(A) ,Wjlhin ~ day~ of the execution of this Agreement,
~ Buyer.atBlJyer'sexpense,
o Buyer. at Seller's expense. not 10 exceed $
~hal1 obtain n writtcn "Wood-De~troying Insect lnfe~tation Inspection Report" from a eertilied Pe~t Control Operator and will deliver il and all
supporting docunlent~ and drawing~ provided by the Pest Control Operator to Agent for Seller, if nny. otherwise to Seller, The report i~ 10 be
made satisfactory to <lnd in compliance with applicuble hlwS. mortgngc and lending institutions, and/or Federal Insuring nnd Guaranteeing
Agency requirements, if any. The inspection will include nil readily visible <lnd accessible areas of nil ~tructures on the Property c:\cept the fol-
lowing structure~, which will not be inspected:
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(B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's e:\pense anu beFore settlemenl,lo treat for active infestation(s),
in accordtmce with npplicable lnws.
(C) Tfthe inspection rcveal~ dnmage From active infe.~tntion{s) or previous infestation(~). Buyer. at Buyer's expense. hns the option to obtain a writ-
ten report by a prOfessional contractor. home inspection service. or structural engineer that is limited to structural damage to Ihe Property c:mseu
by wood-destroying organisms and a propos...1 to repair the dnmage. Buyer will deliver the slructural damage report and corrective proposal 10
Agent for Seller, jf nny. otherwise to Seller, within ~ days of delivering the original in~pection report.
(0) Within 5 dnys of receiving the structural damage report and cOITCcti\'e proptlllal. Seller shall advise Buyer whether Seller will repair. at Seller's
expense and before settlement, any structural damage from nctive or previous inFestation(s).
(E) If Seller chooses to repair structural dnmage revealed by the report. Buyer agree.~ to nccept the Property n.~ repaired nnd agrees to the RELEASE
set forth in paraginph 26 of this Agreemenl.
(F) If Seller chooses not to repair structural damnge revealed by the report, Buyer, within 5 uays of receiving Seller'~ notice, will notify Seller in
writing of Buyer'~ choice to: ,
I, Accept the Property with the defects revealed by lhe ins peel ion. without abatement of price and agree to the RELEASE set forth in para-
graph 26 of this Agreement. OR
2. Make Ihe reJ:mirs before settlement. if required by the mortgnge lender, if any, <ll Buyer's expense and with Seller's pennission, which shall
nol be unreasonubly withheld, in which cn.~e Buyer accepts the Property and ngrees to lhe RELEASE set Forth in paragrnph 26 of this
Agreement. If Seller denies Buyer pennission to muke the repairs, Buyer may, within 5 dnys of Seller's deninl. tenninate this Agreement,
rf Buyer lerminates this Agreement, nil deposit monies paid on account of purchase price shull be returned promptly to Buyer anu Ihi,~
Agreement of Sale will be NULL and VOID, OR
3. Tenninale this AgreemenL in which case all deposit monies paid on account of purchase price shall be returned promptly 10 Buyer and
Ihis Agreement of Sale will be NULL <lntl VOID,
(G) Buyer's failure to exercise any of Buyer's options within the time limits specilied in Ihis paragraph shall constitute a WAIVER nf this
contingency and Buyer accepts the Properly and 3grees to the RELEASE set forth in paragraph 26 of this Agreement.
10. ....CEjtTIFICATE OF OCCUPANCY (1-98)
~ NOT APPLICABLE 1L
o APPLICABLE
{A> Buyer and Seller acknowledge thnl a certificnte pennitting occupancy of the Property may be required by the municipnlity lmdlor govern-
mental authority,
(B) If a certificate is ~quired, Seller shall, at Seller's expense and wilhin _ days of the execution of this Agreemenl. order the certificntc For
delivery to Buyer on or before seulement.
(C) Tn the event repair'sfrmprovemenrs are required for the issuance of the ccrtificnte, Seller shnll. within 5 days of Seller's receipt of the require-
ments, notify Buy~r of the requirements :lnd whether Seller shnll make the required rcpairslimprovements nt Sdler's expense.
(DJ If Seller ehoose~ not to mnke the required repairslimprovements. Buyer will. within 5 tlays, notify Seller in writing of Buyer's choice to
terminate Ihe Agreement of Sale OR make the repairslimprovements at BUyer'~ expense and with Seller's pennission, which shnll not be unren-
sonably withheld. If Seller denies Buyer pennission to mnke the required repairs, Buyer may. within 5 days of Seller's denial, terminate this
Agreement. If Buyer tenninnles this Agreement. nil deposit monies pnid on ;}Ccoum of purcha.~e price shall be returned promptly to Buyer and
this Agreement of Sale will be NULL and VOID.
11. RESIDENTIAL LEAP-BASED PAINT HAZARD ~DUCTION ACT NOTICE REQUIRED FOR PROPERTIES
BUILT BEFORE 1978 (1-98)
,Q.. Nor APPLICABLE
~ APPLICABLE
(A) ~~er represents that: (check I OR 2)
A"JI. Seller has no knowledge concerning Ihe presence of lead-based paint and/or lead-ba.~d paint haznrds in.or aboul the Property,
02. Seller has knOwledge of the presence of l~nd-bascd paint and/or lead-based paint hal..urus in or about the Property, (Provide the bllsis for
detennining thnt lend-bused paint nnd/or haznrds exist, the location{s). the condition of the painted surfnces. and OIher available infonna-
tion concemirlg Seller's knowledge of the presence of leud-bn.~ed paint amJlor leud based paim hazard.~,)
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Buyer Initials:
AIS Residential Page J or 8
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. Seller h<l5 no reports or rccord~ [JCrtaining to lead.ba~cd paint :lndior lC<ld-based pai"1 hazards in or about the Property.
02. Seller ha~ provided Buyer with nll available rcconJs and rcport.~ pertaining 10 lend-based paint .mdlor lead.based paint hazards in or about 2.t;:
the Property. (Li~1 documents)
(C)~~f's ACknowledgment . ... ,
~I., Buyer has received the pOlrnphlct P";'rect Your Family [mill Let/II ill Your Home and has read the Lead Waming~lalemcnl co~taincd in this 252
Agreement (See Envir~~.C~I;]) Not~es). J /_.1 ~-7S
Buyer's'Inilillls _ J~""""'\_ I. ~.I.. Date '
02. Buyer hlls reviewed Seller's disclosure of known lelld-b~ed lJilint and/or lead-bused paint hazards, as id.enlifie~ in paragraph II(A) and
hilS received the records and reports pertaining to lead-bnsed paint and/or lead-bused painl hazards identified in parngraph II(B).
Buyer's Initials Dale
(D) RISK ASSESSMENTflNSPECTION. Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978,
Buyer hns a 10 day pcriod (unles~ Buyer and Seller agree in writing to a different period of time) to conduct a risk a.~se~sment or Inspection uf
the Property for the presence of lead-based paint andtor lead-ha.~ed painl halllrd~.
c[ WAIVED. Buyer under.;tands thnt Buyer has the right to conduct a risk Msessment or Inspection of the PEroLEA""rtS'EIO dertennl.ne the presehnce OFr
lead-based paiot and/or lead-based paint hnlard.~. BUYER WAIVES THIS RIGIIT lIod agrees to the R . set orth to parngrap 26 II
this Agreement.
o ELECTED
1. Buyer. at Buyer's expt:nse, chooses to ohtnin a risk o.~sessmenlllodfor inspection of the Property For lead-based puiot and/or lead.based or,;
paint hazards. The risk assessment ancllor inspection shaH be completed within _ days of the execution of this Agreement of Sale
(insert "\0" unless Buyer and Seller agree 10 adi[[erent \lCIiod of lime).
2, Within the time sel forth above for obtaining the risk assessment and/or inspection of tbe Property for lead-based paint and/or
lead-based paint hazards, Buyer may deliver to Agent for Seller. If any, otherwise to Seller, a written list of the specific hazardou~
conditions ciled in the report and tho~e corrections requested by Buyer, along with a copy of the ri~k ilSSes.~ment ancllor inspection report.
3. Seller may; within _ day.~ of receiving the list and reportfs). submit a written corrective proposal to Buyer. The corrective proposal 1.11
. will include, but not be limited to. the name of the remediation company lInd 0 completion dale for corrective mellsures. Seller will pru.
vide certification frum a risk a.~sessor or inspector that corrective mea.~ures have been made satisFaelOrily on or beFore the completion dllte. ~73
4. Upon receiving the corrective proposal. Buyer, within 5 doys. will: .
a Accept the correelive proposal and the Property in writing, and ogree to the RELEASE sel forth in pmograph 26 of this Agreement. .~75
OR
b. Tenninme this Agreement in writing. in which case all deposit monies paid on nccount of purchase price shall be relurned promptly 277
to Buyer and this Agreement of Sale will be NULL and VOID.
5. Should Seller fail to submit a written corrective proposal within the time set Forth in paragmph II (D)3 of this Agreement. then Buyer,
within 5 dOlYS. will;
a. Accept the Property in writing. and agree to the RELEASE set forth in pal1lgmph 26 of this Agreement. OR
b. Terminate this Agreement of Sale in writing, in which ca.~e all deposit monies paid on lIccount of pun::hase price shllll be returned 222
promptly to Buyer and this Agreement of Sale will be NULL and VOID.
6. Buyer's failure to exercise any of Buyer's options within the time limits specified In this paragraph shall consUtute a WAIVER of
this contingency and Buyer accepts the Property and agrees to the RELEASE set forlh in paraRraph 26 of Ihl~ Agreement.
(E) Certification By signing this Agreement. Buyer and Seller certify the accuracy of their respective statemcnl~. 10 the best of their knowledge.
12. RADON CONTINGENCY (1~98)
(A) Seller represents that: (check appropriate response(s))
A'I. Seller has no knowledge concerning the presence or absence of radon.
02. Seller has knowledge that the Property was lestI'd on the dates, by the methods (e.g.. charcool canister, alpha track. ele.). and with the
results of all tests indicated below:
DATE METHOD
RESULTS (picoCurieslliter or working levels)
294
'"
COPIES OF ALL AVAILABLE TEST REPORTS will be deli\'ered to Buyer with this Agreement. SELLER DOES NOT WARRANT ~~~
EITHER THE METHODS OR RESULTS OF THE TESTS. L'.l7
03. Seller hlls knowledge that the Property underwent radon reduction measures on the date(s) ond by the melhod(s) ind!cated below; 2!'3
DATE RADON REDUCTION METHOD :~9
o WAIVED. Buyer understands thot Buyer has the option to request thai the Property be iospected for mdon by 0 certified inspector (see Radon
Notice). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragmph 26 of this Agreement.
]);v-- ELECTED
(B) Buyer. at Buyer's expense, has the option to pblain. From a certified inspector. a radon test of the Propt:rty and will deliver a copy of the test
report. to Agent for SeUbr. if any. otherwise to Seller. within / (.,..... days of the execUlion of this Agreeme~t. (See Radon Notice.)
I. If the test report reveols the presence of radon below 0.02 working levels (4 picoCurieslliter), Buyer accepts the Property and agrees to the
RELEASE set forth in paragrnph 26 of this Agreement.
2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picoCuries/liler). Buyer will. within _ days
of receipt of the test results:
}lr OprIon I
a. Accept the Property in writing and agree to the RELEASE set forth in paragmph 26 of this Agreement. OR
b, Terminate this Agreement in writing, in which case all deposit monies paid 00 account of purchase price shall be returned promptly
to Buyer and this Agreement of Sale will be NULL and VOID, OR
c. Submit a written, corrective proposal to Agent for Seller. if any. otherwise to Seller. The corrective proposal will include, but not be 31ij
limited to. the name of the certified mitigalion company; provisions for payment, including reteSlS; and completion date For correc-
tiveme.asures,
I)
Within 5 days of receiving the corrective proposal. Seller will:
a) Agree to the terms of the com:ctive propmal in writing, in which CMe Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 26 of this Agreement, OR
b) Not agree to the [enns of the com:ctive proposal.
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L) ::'llOUltI'::'CIIt:f nOI ilgrcc III lIl<': ll'hll.~ 01 lIl';l,;UlIC,-UVC VLUVU~"IUI lJIl ,t) '''''P''"U 'v,,,,,,, ..... .."'-11 ''''''', UU)'-' """ .."",,, '" '"'J'''
elect lo:
a) Acc~pt the Property. in writing and agree to .the RELEASE set forth in paragraph 26, of this Agrcemcn,. OR
b) Tcrminalb iois Agreement in writing, in which case all deposit monies paid on account of purchase price shall he returned
promptly to Buye.r a!ld this Agreement of Sale, will be NULL and XOID. ,
o Oplion2,. _ .~. . ,
II. Accept the Property in writing and agree, to the RELEASE set fonh in paragraph 26 o( this',Agreement. OR . .
b. Submit a 'wrillen, corrective proposal to Agent for Seller, if any, otherwise to Seller. The corrective proposal wiU include, but nllt he
limited to, the name of the certified mitigation companr, provisionS" ftir' payment, including retests: and completion date for COITCC-
tive measurer;. Seller shall pay 'a mmllmum of $ " ..;,.--- ,. toward the tntal cost of remediation and retests, which shall be
completedbyselllcment. ;'-. .. ~ ,.: . .
I) If the total cost of remediation and retests EXCEEDS the amount specified in parngrilph 12(B) (Option 2) b, Seller will, within
5 days of receipt of the cost of remediation, nomy Buyer of Seller's choice to- p..1Y for the tolnl cost of remediation and retests
OR not pay for the lotal cost of remediation and retests. .! . ;'
2) If the Seller,chooses not to pay for the total cost of remediation and retests. Buyer will. within 5 days of receipt of Seller's
notification, notify Seller, in writing, of Buyer's choice to:
a) Pay the difference between Seller's contribution to remediation and relests and the actual cost thereof. in which case
Buyer accepts the Property and agrees to the RELEASE set forth in paragrnph 26 of this Agreement. OR
b) Tcnninale this Agreement, in which case all deposit monies paid on account of purchase price shall be returned promptly
to Buyer and this Agreement of Sale will be NULL and YOID. . .
(C) Buyer's failure to exercise nny of Buyer's options within ihe time limits specified .in this parngraph shall conStitute a WAIVER of this
contingency and Duyer accepts the Property and agrees to the RELEASE set forth'ln paragraph 26 of this Agreement.
13. STATUS OF WATER (1-98)
(A) Seller represents that this property is served by:
'j;r Public Waler
,0 On-site Water
o Community Water
o None
o
(B) WATER SERVICE INSPECTION CONTINGENCY
;;r WAIVED. Buyer acknowledges thilt Buyer hilS the option to request an inspection of the water service for the Property. BUYER WAIYES
_TInS OPTION and agrees to the RELEASE set forth in paragrnph 26 of this Agreement.
o ELECTED '
I. Buyer has lhe option, within _ days of the execution of this Agreemenl and at Buyer's expense, 10 deliver 10 Agent for Seller. if
any, otherwise to Seller, a wrillen inspection report by a qualified; professional water testing company of. the quality and/or
quantity of the waterserviee.
2. Seller agrees to locale and provide access 10 the on-site (or individual) water system. if applicable, at Seller's expense, if required by the
inspection company. Seller also agrees to restore the Property prior to seulemenl.
3. If the report reveals that the water service docs not meetlhe minimum standards of any applicable governmental authorities andlor fails to
satisfy the requirements for quality andlor quantity set by the mortgage lender, if any, then Seller shall, within _ days of receipt of
the report. notify Buyer in writing of Seller's choice to:
a. Upg11l.de the water service to the minimum acceptable levels, before settlement. in which case Buyer accepts the Property and agrees
to the RELEASE set forth in paragraph 26 of this Agreement. OR
b. Not upgrade the water service.
4. If Seller chooses nnt to upgrade the water service to minimum acceptable levels, Duyer will, within _ days of Seller's notice
not to correct, either:
a. Accept the Property and the water service and. if required by the mortgage lender, if any, and/or any governmental authority, upgrade
the water service before settlement or within the time required by the mortgage lender, if any. and/or any governmental authority, at
Buyer's expen~e and with Seller's pennission, which shall not be unrellsonably withheld. and agree to the RELEASE set fonh in
paragrnph 26 of this Agreement. If Seller denies Buyer pennission to upgrade the water service. Buyer may, within 5 days of Seller's
denial, tenninate this Agreement. If Buyer tenninates this Agreement. all deposit monies paid on account of purchase price shall be
returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR
b. Tenninate this Agreement, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer
and this Agreement of Sale will be NULL and YOlO.
5. Buyer's failure to exercise any of Buyer's options within the lime limits specified in this paragraph shall conslilute II WAIVER of
this continaency and Buyer alXepls the Property and agrees to the RELEASE set forth In paragraph 26 of this Agreement.
14. STATUS OF SEWER (1.98)
(A) Seller represents that Property is served by:
o Public Sewer
~ Individual On.lot Sewage Disposal System (See Sewage Notice I)
o Individual On-lot Sewage Disposal System in Proximity 10 Well (See Sewage Notice I: see Sewage Notice 4, if applicable)
o Community Sewage Disposal System
o Ten-acre Pennil Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
o None (See Sewage Notice I)
o None AvailablelPennit Limitations in Effect (See Sewage Notice 5)
o
(B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges that Buyer has the option to request an individual on,lot sewage disposal inspection of the Property. BUYER
~WAlVES TIllS OPTION and agrees to the RELEASE set forth in paragrnph 26 of this Agreement.
}X ELECfED '
I. Buyer has the option, within ~ days of the execution of this Agreement and at Buyer's expense, to deliver to Agent for Seller. if
any, otherwise \0 Seller. a written inspection report by a qualified. professional inspector of the individual on-lot sewage disposal system.
2.. Seller agrees to I~ate and provide acce"ss to the individual on-lot sewage disposal sysl~m. and. if required by the inspection company,
empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to senlement
3. If the report reveals defects that do not require expansion' or replacement of the existing sewage disposal system. Seller shall, within
......s::..--.: days of l'e{;eipt of the report. notify Buyer in writing of Seller's choice to:
a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to
the RELEASE set forth in paragrnph 26 of this Agreement. OR
b. Not correct the defect~. in which case Buyer will, within ----s:..- days of Seller's notice not to correct the defects. either:
I) Accept the Property and the system and, if required by the mortgage lender. if any, and/or any governmental authority, correct
the defects before settlement or within the time required by the mortgage lender, if any. and/or any governmental authority, al
Buyer's sole expense and with Seller's permission. which shall not be unreasonably withheld. and agree to the RELEASE set
forth in paragraph 26 of this Agreement. If Seller denies Buyer pennission to correct the defectS, Buyer may, within 5 days of
Se.ller's denial, tenninate this Agreement. If Buyer tenninates this Agreement, all deposit monies paid on accounl of purchase
prtce shall be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID. OR
2) Tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price shall be returned
promptly to Buyer and this Agreement of Sale will be NULL and YOID.
4. If the ~port reveals the need ~o expand or replace the existing individual on-lot sewage disposal system, Seller may, within _ days
of receIpt o.f {~e report, submIt a corrective proposal to Agent for Buyer, if any, otherwise to Buyer. The corrective proposal will include,
but not be limIted to, the name of the remediation company: provisions for payment, including relests: and completion date for corrective
~~~'lures. Within 5 days of receiving Seller's corrective proposal. or if no corrective proposal is received within the given time. Buyer
a. Agree to the tenns of the correctIve proposal, If any, In wnlmg, in which case Buyer accepts the Property and agrees to the RELEASE
set ronh In parajaPh 26 of thIS Agreement. OR
. I.!:.:.h} fl.('~
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d~I'~<.:h hd()r~ ~cttkn1er1t or wilhin tht: lime r~quircd hy the l11Urlgagc lender, if :lny. :lnu/or .my governmental a Ihurity, at nllyer'~
_~(llc c.'rcn~e and wilh Sc11cr'~ rermi~sitm, which ~h;J11 nOl be unre3~olmhly wilhheld, am! agree to lhe RELEASE set I'orth in p;lra.
gr,lph 26 (11' Ihis Agrcement. If Seller deaies Fluyer pcrmis~ion to <.:orreCI the defecl~. all deposit monies paid un accnunl of purchase
price shall ~ relurned promptly hI Buyer lmd this Agreement uf Sale will be NULL and YOID, OR
e. Tcrminah,: Ihh Agrecmenl in writing. in whi<.:h case all deposit monies p:lid on aeC\.1unt Ill' purchase price shall be returned pT\llllplly
to Fluyer ;md lhis Agrecmem or S,lk will he NULL and YOlO. ,
5. Huyer's f:lilul't' to eXerds~lIny of lIu}'er's options within the time Iirnil~ specified in this para~nlph shall cnnslitute a W;\IVI';I{ of
this cnnlin~encr :md lIu)'l'r aCCl'pts the I'roperty :lnd agrel'S to the RELEASE set forth in puragraph 2(, of this Agreement,
n 15. NOTICF}i & ASSESSi\IE~TS (1-98)
(A) Sellcr represcnls :IS of Scllcr's e:l:eculillll or this Agrecment, thnl no public improvcmcnt, condominium or homeowner association aS~C~~l11enl.~
have heen made agaimtlhe Property which remain unpllid ilndthat on notice hy ,my guvernmcnt tIT puhlic atlthurity has hcell served upon Seller '..
ur anyone un Scllcr\ hchulL including nutices relating to violations of luning, housing, huilding, safety or fire urdinances which ren111in
uncorrected. and th.1t Sellcr know~ of no CIlndition lhat would constilll1e violation uf any such ordinances which remains uncorrecteu. unless
ntherwisespccifh.:d hcre;
(B) Sellcr knows of no o.her pmemi:ll nntkes and aSSCJismcnl.~ exccpl as follow.~;
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(CI In the event nolices and aS~CJi.~menls arc received alkr execution of lhis Agrecment and before sctth.:ment, Seller will nmify Buyer in writing,
wilhin 5 days or recci\'ing lhe notice or asses.~mcnl. that Seller .~hall:
I. Comply Wilh notice~ <lnd assc~smeJ1ls at Seller's cxpense. in whkh case Buycr accept~ Ihe Property und agrecs tnlhe RELEASE ~et I"orlh
in parograph :::6 or lhis Agreement. OR
:::. NOT comply with noticcs Imtl a.~scssments lit Seller'.~ expense. in which c:lse Buyer will notify Seller within 5 day,~ in writing that
Buycrshall:
a. Comply with lhe nntiee~ and assessmcms at Buyer's expen~e and ugree to the RELEASE sct fOl1h in par:1graph 26 of lhis Agreemclll.
OR
b. Tcrmin:lle this Agreemcnt. in which cuse all deposit monics Plliu on account uf purchase price shall be returned promptly 10 Buyer in
and lhis A!!reement of Sale will be NULL and VOID.
If Buyer fails t~ notify Seller within the given time, nuyer accepts the Property and agrees tll (he RELEASE set forth in paral(rnph
2fi of this Agreement. 1~.~
(D) Buyer is ildvised that acccs~ to u public road may require i;suancc of a highwoy occupuncy l}Crmit from lhe Departmenl "fTn1llspOI1:1lil1ll, k,;
(E) Ifrequirctl by law. Seller shall deliver to Agent for Buyer, ifany, otherwise 10 Buyer. on or hcfore settlement. a certification from the appropri- 1~ I
ate municipal depurtlTlenl or dcparlmcnts disclosing notice of any unconectetl violation of zoning, housing, building. .~afelY or tire ordinances, --' ,
l6, TITLE, SURVEYS. AND COSTS (1-98)
(A) The Property i.~ to be conveyed free 3nd clear of all liens. cncumbr.lTlccs, and e3scments, EXCEPTING HOWEYER thc following: e!tisling
deed restrictions. building restrktions, ordimmcl's, CitSemcnl.~ of muds, e<lsements visible upon lhc ground, easemenls of recortl. privile~s ur I~,\
rights of public .~ervicc comp.mies. if uny: otherwise lhe title 10 lhe ubove described rea] estale shall be good and murketoble anti such as will I';',
be insured by a reputahle Title Insurance Company atlhc regular rates,
(S) In the event Sellcr is unable to give a good ami marketable title and such as will be insured by a reputable Tille Compnny at 1he regular ralc.~.
:IS specilied in purJgrnph 1(iIA), Buyer shall have the oplion of to king such title as Scllercan give without changing the price or of being rep:1iu
illl monies paid hy Buyer to Seller on account of purchase price llntl Scller shull rcimhur.~c Buyer for ;lny costs incurrClI by Buyer for lhose ilems
specified in parJgraph ]6(C) und in parugrnph 1610) ilems (11.12). IJ): and in the latter event there shall be no further liabiliLY orobligallon 011
either of the p3nies hereto and this Agreement shall become NULL 3nd YOlO.
(e) Any ~urvey or ~ur\'eys \~hich ma)' be required by the Title In~urnnce Compuny or the abstT<lcting "Uomcy. for the prepomtion of:m adequale
legal description or Ihe Property (or lhe correction thereoO. shall ~ ~ecured and paid for hy Seller. However. any surveyor surveys desiretl by
Buyer IlT required by the mongilge lender shall be sccured 3nd paid for by Buyer.
(D). Buyer shall pay for the following: (I) The premium for mechanics lien insurance andlor title search, or fec for cancellation of same, if .IllY; 16g
(2) The premiums for nood insurance an{VOr tire insumnce with extended covefllge, insurance binder ch<1rges or canccllation fcc, if any: l7r.
Jl1 (3) Appraisol fees anti charges paid in ouvoncc to mortgage lcnder, if any; (4) Buyer's customary settlement costs and accruals.
172 17: ZONING CLASSIFICATION (1.98)
Failure of this Agreement to containlhe toning classification (except in ca.~es where the property land each parcel thereor. if subdividable J is
zoned solely or primtuily to permit single-family dwellings) shall render this Agreement voidable at the option of the Buyer, and, if voided, any ,"
deposits tendered by the Buyer shall be returned to the Buyer wilhout any requirement for court action.
Zoning (..1assification:
o ELECTED. Within _ d3YS of lhe execution of this Agreement, Buyer will verify that the existing use of lhe Property as
is permilled. In lhe event the use is not pennitted, Buyer will, withiu the time gh'en for
verification, nOlify Agent for Seller, if any. otherwise Seller, in wriling that Ihe existing use of [he Property is not permiUerl and this Agreement
will be NULL and YOlO. in which C3se 311 dcposit monies paid on account ofpurehi1$e price shall be returned promptly 10 Buyer. nuyer's fnil-
ure to respond within the given time shall constitute a WAIVER of this contingency and all other terms of this Agreement of Sale remain
In full foreeand effect. '
18, COl\,L NOTICE
pr:- NUT APPLICABLE
o APPLICABLE
THtS DOCUMEf'fT MAY NOT SElL. CONVEY. TR.~NSFF.R. INCLUDE OR tNSURE THE mLE TO THE COAL ,\ND RIGHTS OF SUProRT UNDERNEATI-f THE SURFACE L\ND
DESCRJDED OR REFERRED TO lIEREIN. AND TltE OW:-lI3R OR OWNERS OF SUCH COAL MAY IlJ\VF.. TIlE COMPLETE LEGAL RIGHT TO REMOVE ,\LL SUCH COAL _~ND
IN Tl-fAT CONNECTION. DA:>l.l.GE ~IAY RESL'LT TO THE SURFACE OF TltE L\ND .~"D ANY HOUSE. BUILDING OR OTl-fER STRUCTURE ON OR IN SUCH LAND. (This
notice is set forth in the manner provided in Set:tion I of the Act of July 17, 1957, P.L. 984.) "Buycr acknowledges that he may not be obluining the I~'!
right of protet:tion against subsidence resulting from coal mining operations. and thatlhe property described herein may be protected from damage I'm
due to mine subsidence by a pri\'ale conlract with the ownen; (If the economic interests in. the coal. This ocknowledgment is made for the purpose of I~'
complying with the pro\'i~ions of Section ]-1- of the Bituminous Mine Subsidence and the Land Conservation Act of April 27. ] 966:' Buyer agrees
to sign the deed from Seller which det:d will conlain lhe 3fore.~aid provision.
19, POSSESSION'(1~98) f '
(A) Possession is 10 be deliveretl by deed. keys and:
I. Physical possession to a vacant building (if :my) broom clean. free of debris at day ancltime ,)1' selllement. AND/OR
1. Assignmenl of existing rea.~e'SJ. together wilh uny security depo~ilS and interest, at lime of settlement. if Properly is tennnt occupied at the
execution of this Agreement or unless otherwise specitied herein. Buyer will acknowledge existing lease(s) by initialing said leuse(sj at
time of signing of this Agreement of Sale. if Propeny is lenant occupied.
IB) Seller shall not enter iOlo any ~w le:J..~es. written extension of existing leases, if any, or :ldditional leases for the Property without expressed :';.1
wriltencon.~enl of Buyer.
211, RE<:=OROING (3--85) This ~gre~menl shall nOI be recorded in the Office for the Recording of Deeds or in any other office or place' of public record
nnd If Buyer cau.ores or perml\s th1S Agreement 10 be recorded. Seller may elecl to lreat such act ns a breach of this Agreement.
21. ASSIGNMENT (3-85) This Agreement sholl be binding upon the parties. their respective heirs, personal representntives. guartfian,s and successors,
and to the extent assignable. on the :J..ssigns of the p:trties hereto, it being expressly understood, however. that Buyer shall not transfer or a.~sign this
Agreement without the wriuen consent of Seller,
22. DEPOSIT AND RECOVERY FUND (1-98)
(A) Deposits poid ?y Buyer within 30 days of ~ett]ement 5h311 be by ca.~hier's or certified check. Deposits. regardless ufthe fomlof paymcnt nnd
the pernon des1gnatetl as payee. shall be pa1d to Agent itlentilled in parogrnph 3(A, who shall retain them in an escrow account until cnnJiUm-
mntion or lerminution of this Agreement in _conformity with all applicoble laws and regulations. Agent may hold any unea.~hed cheek tendered
a.~ deposit pending the acceptance of this olrer. Stl
{S} In the event of n dispute overenlit]el11ent 10 deposit mOnies, the Agent holding the deposit is required by the Rules and Regulations nflhe State
Reul ESI~le C\l~lmiss~on 149 Pa, Cncle ~J5.J27} to retain the monies in escrow until the dispute is resulved. In the event of litigution ror lhe
relurn uf dcposlt I11tlOl.es. Agent shull distribule the monies as directed by a final order or court or the written Agreement of the panics. Buyer
and Seller agree thut. 1I11he event uny Agent herein is joined inliligalion for the return of deposit monies. lhe uttorneys' fees and costs of the 'i'~
Agenlls) will be paid by the party joining the Agent.
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licensee owing to fraud: misrepresentation. Of deceit in':i 'rc:li C.~lnte Ir:Jn~nCt.lon iind wIn) have been-unable tb collcct the juqgrhcnt :lrtcr exhaust-
,iog a111egal and equitable remedies. For complete details aboll,t the,Fu~d. call (717) 183.3658.. or (800) 882-2113 (within Pennsylvania) and
(717) 783-4854 (ou,tside Pennsylvania): ""., J., :;',,_;' ~';",
23. ..w~gr:~~~:.LE~0: N:~CE (8-~5) ,. '-:TIi~. ',:"
D. APPLICABLE . P--,. ',' ,', ";"'-:'; "~l:'jl _"I
(A) Buyer acknowledge.~ that the P~orerty ill a unit of a con?omini~m that is prim~']y run by ~'~nit b'wi1~r~' a.~5Ocialioil... - ~--' '. * '
(B) *3407 of the Uniform CondominIUm Act of Penn~ylYama reqUlre~ Seller to fuml~h Buyer with a Certificate of. Resale and COplC.'; of the condo-
minium declarntion (other than plat~ and plans), the bylaws. and the rules and regulations of the association.
(C) Within _ days of the execution of this Agreement, SeUer shall submit a request to the a.'Isocialion for a Certificate of Resale anu the doc-
uments necessary to enable Seller to comply with the Act. The Act provide.~ Ihat the associatiun is required to provide these documents within
10 days of Seiler's reque~1. .
(D) Under the Acl, Seller is not liable to Buyer for the failure or uelay of the association to provide the Certificate in a timely manner, nor is Seller
liable to Buyer for any erroneous information provided by the a....'Iociation and included in the Certificate.
(E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the Certificate of Resale and for 5 days thereafter, OR
until settlement. whichever occurs first. Buyer's notice ueclaring the Agreement void must be in writing; thereafter all deposit monies shall be
returned to Buyer.
24. ,"",ANNED COMMUNITY (HOMEOWNER ASSOCIATION) NOTICE fOR PURPOSES OF RESALE ONLY (1-97)
~ NOT APPLICABLE
o APPLICABLE
(A) Buyer acknowledges that the Property is part of a planncd community a.~ dcfined by the Uniforn1 Planned Community Act. (See Dcfinition of
Planned Community Notice for the definition contained in the Act).
(B) ~5407(a) of the Act requires Scller to Furnish Buyer with a copy of the Declaration (othcr than plals and plans). the bylaw~, the rules and regu.
lations of the association. and a Certificate containing the provisions set forth!~ *5407(a) of the Act.
(C) Within _ days of the execution of this agreement. Sel1er~hal1 !!\Ibmit 'ii"request to the a~~ocialion for a Certificate and the documents nec-
essary to enable Seller to comply wilh the Act. The Act provides that the association is reqoired to provide these documents within 10 days of
Seller's request. .
(D) Under the Act. Sel1er is not liable to Buyer for the failure or delay of Ihe a.~sociation to provide the Certificate in a timely manner, nor is Seller
liable to Buyer for any erroneous information provided by the Association and included in the Certificate.
(E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR 55t
until settlement. whichever occurs first. Buyer's notice declaring the Agreement void must be in writing: thereafter all deposit monies shall be 552
retumed to Buyer. 553
25. MAINTENANCE AND RISK OF LOSS (1-98) 554
(A) Seller shall maimain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, llf!rmal 555
wear and tear excepted. - 556
(B) In the event any system or appliance included in the sale of thc Propcrty fails and Sellcr does not repair or replace the item, Seller will promptly 557
notify Buyer in writing of SeHer's choice to: 553
I. Repair or replace the failcd sy~lem or appliance before settlcmcnt or credit Buyer al ~ettlement for the fair market value of the failed ~ys- 55~
tern or appliance (Ihis option must be acceptable to the mortgage lender, if any). In each case, Buyer accepL'Ilhe Property and agrees to
the RELEASE set forth in paragrnph :!6 of this Agreement.
2. Make no repairs or replacements. and not credit Buyer at settlement for the fair market value of the failed sy.~tem or appliance, in which
case Buyer wi11 notify Sel1er in writing within 5 days or before ~ettlement, whichever is sooner, that Buyer shall:
a. Accept the Propeny and agree 10 the RELEASE set Forth in paragrnph 26 of thi); Agreement, OR 56.1
b. Terminate this Agreement. in which ca.~e all deposit monies paid on account of purchase price shall be returned promptly to Buyer ~li:J
and this Agreement of Sale will be NULL and VOID.
(C) Seller shall bear risk of loss from fire or other casualties until time of selllemenl. In the event of damage by fire orotherca.'I~alties to any prop-
erty included in this ~ale that is not repaired or replaced prior 10 settlement, Buyer shall have the oplion of rescinding this Agreement and
promptly receiving all monies paid on account of purchase price or of accepting the Property in ils then condition togethcr with the proceeds
of any insurance 1'C1:overy obtainable by Sel1er. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in Ihis Property as of 570
the time of execution of this Agreement.
Buyer's failure to exercise any of Buyer's options within the lime limits specified in this paragraph shall constitute a WAIVER or this con-
tingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of thi.~ Agreement.
26. RELEASE (7-96) - Buyer hereby releases, quit claims and forever discharges SELLER, ALl. AGENTS, their 'SUBAGENTS, EMPLOY-
EES, and any OFFICER or PARTNER of anyone oflhem and any other PERSON. FIRrvI, or CORP'ORATION who may be liable by or
through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of
the con.~equences therenf, whether now known or not, which may arise from the pre.'Ience of tennites nr other wood-boring insects, radon,
lead-based paint hazards, environmental hazards, any defects In lhe individual on.lot sewage disposal syslem or deficiencles in the on.site
water service system, or any defects or conditions on the Property. This release shall survive setllement.
27. REPRESENTATIONS (1-98)
(A) Buyer understand.~ that any representations. claims, advenising, promotional activities, brochures or plans of any kind made by Seller, Agents jll \
or their employees are not a part of this Agreement. unless expressly incorporated or statcd in lhis Agree'ment. ~R2
(B) U is understood that Buyer has inspected the Property before signing this Agreement of Sole (including fixtures and an). personal prop- 303
erty specifically scheduled herein), or has waived the right 10 do !'iO, and has a~reed to pun:ha'le it in it.. present condition unless 53-1
otherwise stated in this Agreement. Buyer acknowledges that the Agents have not made an independent examination or determinatioll ;3;;
of the structural snundness of the Property, the age or condition of the components, em.irnnmen!al conditions, the pennitted uses. or
of conditions existing in the locale where the Property'is situated; nor have they made a mechanicalln.'Ipectinn of any of tlte systems
CQntained therein.
(C) It is further underslood that this Agreement contains the whole agreement between Seller and Buyer and there are no other tenns. obligations, ;G~
coven3\1ts, repre~enlations. statements or condilions. oral or otherwise of any kind whatsoever concerning this sale, Funhennore, this ~9C
Agreement shall not be altered, amended. changed, or modified except in writing executed by the panies. t ,91
(D) 1be headings. captions, and line numbers in this Agreemenl are meant only 10 make it easier to find the paragraphs.
28. DEFAULT-TIME OFTHE ESSENCE (1-98) ~!i3
The said time for settlement 3\1d all other times ref~rred to for the perfonnance of any of the ohligations of this Agreement are hereby agreed tn be 'l9J
of the eSsence of this Agreeme~1. For the purpOses of this Agreement, number of days shall be counted from 'the d.ate of execuliori,'by excluding the '\95
day this Agreement was executed and including the la.~t day of the time period. Should Buyer:
(A) Fail to make any additional payments as specified in paragraph 3: OR
(B) Furnish false or incomplete infonnation to SeHer. Agent for Seller, Agent for Buyer, or lhe mortgage lender, if any, concerning Buyer's lcgal or
financial status, or fail to coopernte in the processing of the mortgage 103\1 application, which acts would result in thc failure to obtain the
approval of a mortgage loan commitment; OR
(C) Violate ot fail to fulfill and perfonn any other lerms or conditions of this Agreement: .
Ihen in such C::lse, Seller shaH ha'.e the option of retaining all deposit monies and other sums paid by Buyer on account of purchase price
~ether required by this Agreement or not, only 0.'1 elected below: (Check only one) ,
,EI As liquidated damages. In this event Buyer and Seller shall be released from further liability or obligation and this Agreement shall be
NULL and VOID.
o On ~~count of purch~e ~rice. or as monies to be applied to Seller's damages, or as liquidated damages for such breach, as Seller may
elect. In the event of liqUIdated damages. Buyer and Seller shall be released from further liability or obligation and this Agreement shall
be NULL and VOID.
29, AGENT(S.) (1-98) It is expressly undef$tood and agreed between the panies that the named Agent for Seller, any Subagents, their salespeople,
employees, officers and/or partners, are Agent(s) for Seller, and that thc named Agent for the Buyer, their salespeople, employees. officers and/or
~artne~, are Ag:nt(~) for Buyer. If there is no Agent for Buyer, Agent for Seller or Subagent for Seller may perfonn services for Buyer in connec.
lIOn WIth financmg, Insurance and document preparalion, with written disclosure 10 Buyer and Seller,
, ' !, I
, .'1 :J'.J"
BuyerInitial&,.....~ I ...."4
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Seller Initials:
\\ '-
AlS Residential Page 7 of 8
-
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511
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618 30. MEPIATIOr'!' (7.96)
6111 0 NOT AVAILABLE h
6~O 0 wANED, Buyer and Seller understand that they may ch(l(l!ie to mediate at a laler date, should a dispute arise, but that t ere will be no oblig-
621 ation on the part of any party'to do so. . . , ',. . , ,
622 )(f ELECTED , , ' " ,':"
623 (A) Buyef and Seller will try 10 resolve any dispute or claim that may arise from this Agreement of Sale through mediation, il;l accordance with the
52~ Rules and ProcedJlfCs of the Home SellersIHome Buyers Dispute Resolution System, Any agreement reached through_ a ~ediatid'n conference
625 and signed by the parties will be binding.
626 (8) Buyef and Seiter acknowledge that they have received, read,_ .a,nd understa~d the Rul~. and Proc~u~, of the 1:Iom!? .~e:Ue.rslHome Buyers
627 DisputeRe.~olutionSystem.(SeeMediationNotice.) ..:.. _ ' " ','h_ "':." ". ','._,:J.:. , .'
628 (C) This ttgreement to mediate disputes arising from this Agreement shall survive settlement.
62g ,',.
630 Buyer and Selll!r acknowledge that they have read and understand the notices and explanatory information regarding property condition Inspec.
531 ' lions set forth on the back of this form. .
6J2
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641
.42
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5.15
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NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this
Agreement of Sale, and all addenda, bearing the signatures of al~ parties, c':lnstitut~.accepta~ce of this:,AgreemenLJ'arti~ to tbis transaction
are advised to consult an attorney befl?re signing if they desire legal advi~~
~../ '.)..
WITNESS ~ // /,~.-' . BUYER. -
WITNESS ::.~~ BUYER i\'
WITNESS BUYER
DATE
DATE
DATE
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"
SELLER
SELLER
SELLER'
DATE
DATE
'DATE
WITNESS
WITNESS
WITNESS
.56
."
&52 Services to Buyer
&53 In conjunction with this Agreement of Sale, by initialing below, Buyer-authorizes Subagent for Seller, if ahy, or Agent for Seller to perfonn the following
654 services on Buyer's behalf:
655 i lol Jill J "
656 ~ ';'.,J '" L I. Drder Title Insurance from any, reputable Title Insurance Company.
651 Buyer',tnitials
.68
.69
660 Buyer"lnili."
'"
662
663 Buyer"Initial.
66'
.65
.66
667
66.
66'
".
'"
672 Buyer'.lnilial.
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614 Seller's Ackno,..ledgment
675 Seller acknowledges receipt of a separate Buyer's services agreement with Agent for Seller or Subagent for Seller.
676 Sdler'Jlnilial.
677
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'68
699 SUBAGENT FOR SELLER (Company Name)
laa ACCEPTED BY
701
702
703
70.
Order Homeowner's Insurance with coverage in the amount of $
Order Fire & Extended Coverage Insurance with coverage in the amount of $
or
Order Flood Insurance with coverage in the amount of $
B"Y"f'sInilials
.: I';').J.J A(. ~er's Services
BlI)'er'sln;ci.ls
)i .G.v'\}SA<::J-, <''''\
7$'.6<:,
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Fee: $
Broker'slAgent's Certifications (check all that are applkable):
~ Regarding Lead.Based Paint Hazards Disclosure: Required if Property was bu!1t before 1978: The undersigned Agents involved in this
tr:msnction. on behalf of themselves nnd their brokers, certify that their statements are tnIe 10 the best of their knowledge and belief.
Agents' Acknowledgment: The Agents involved in this transaction have infonned Seller of Seller's obligatioos under The Residential Lead
Paint Hazard Reduclion Act, 42 U.S.C. 4852(d), and are aware of their responsibility 10 ensure complinnce.
o Regarding FHA Mortgages: The undersigned Agents involved in this tr:l.nsaction, on behalf of themselves and their brokers, certify that the
terms of this contTact for- purchase are hue to the best of their knowledge and belief, and that any other agreement'~nlered into by any of these
partie.~ in connection with this transaction is attached to this Agreement of Sale. ',: . \.
)q-' Regarding Mediation: The undersigned
. ~ jJ~' .Agentror~lIer p.Ag~tforBuyer;'O Subagent for Seller " . _ :1' ~"--",.. ,
on bel1a1f 6f themselvd'imd their brokers, agree to-submit to mediation in accordance with paragraph 30 of this Agreement:
AGENT FOR Sf-LLER (Company Name)
ACCEPTEP BY
(SjgrtllNteO~"
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DATE --.;t. J~. ~-j
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DATE
(Signalure of Broker or SaJespelWfl)
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AGENT FOR BUYER (Company Nall}S)./
ACCEPTED BY ~~-- ~.
lOipiNreof Broker6rSaJeSP6sort)
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DATE
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Buyer Inltials,.--/ /' - ~
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AJS Residential Page 8 of 8
Seller Initials:
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620
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625
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627
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657
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.62
66'
66'
66'
66.
681
.68
66'
'76
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672
67J
67.
'75
.76
671
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'81
662
583
5"
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68.
687
.88
.86
600
."
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60'
."
700
701
762
703
70.
7"
706
707
788
70'
710
71'
=~-
1 Property Address: ~.33 8 ~ <:;:
2
3 Seller:
4 A seller mus disclose to a buyer all known material defects about property being sold that are not ~adily observable. This disclosure
s statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the property being
6 considered.
7 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for
6 any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or
9 representation by any listing real estate broker (Agent for Seller), any real estate broker, or their agents. Buyer is encouraged to address
10 concerns about the conditions of the property that may not be included in this Statement This Statement does not relieve Seller of the
11 obligation La disclose a material defect that may not be addressed on this fonn.
12 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the
13 residential real property or that involves an unreasonable risk to people on the land.
. 14
15 1.
16
17
16 2.
19
20
21 3.
Zl!
23
2'
25
26
27
26
29
30 4.
31
32
33
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40 5.
41
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4S
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48 6.
49
50
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52
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56
57
56
;':i>il!i'R
SELLER'S PROPERTY DISCLOSURE STATEMENT
C'r\ 14.0 Ie! ~ T.
Fonn 128-2
.. pc. l'"1il~::
C::;"1:
C'Y\ t:;c:..\:\-t>.,t-J \C.~\), Lt." C
SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, or other areas related to the
construction and conditions of the property and its improvements, except as follows:
OCCUPANCY Do you, Seller. currently occupy this property?
If "no," when did you last occupy the property?
~Yes
o No
":.
ROOF
(a) Date roof installed: 1<=1 '1''1' Documented? U;YYes 0 No 0 Unknown
(b) Has the roof been replaced Or repaired during your ownership? Mes 0 No
If yes, were the existing shingles removed? lid"Yes 0 No 0 Unknown
(c) Has the roof ever leaked during your ownership? lW'Yes 0 No
(d) Do you know of any problems with the roof, gutters or n spouts?
Explain any "yes" answers that you give in this section:
BASEMENTS AND CRAWL SPACES (Complete only if applicable)
(a) Does the property have a sump pump? 0 Yes ~o 0 Unknown
(b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space?
If "ye~," describe in detail:
DYes
lld'No
(c) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
o Ye~ l1riIo
If "yes," describe the location, extent, date, and name of the person who did the repair or control effort:
TERMITESIWOOD DESTROYING INSECTS, DRYROT, PESTS
(a) Are you aware of any termites/wood destroying insects, dryrot, or pests affecting the property? 0 Yes
(b) Are you aware of any damage to the property caused by termites/wOod destroying insects, dryrot. or pests?
(c) Is your property currently under contract by a licensed pest control company? 0 Yes riJ..1'fo
(d) Are you aware of any termite/pest control reports or treatments for the property in the last five years? 0 Yes
Explain any "yes" answers that you give in this section:
~o
DYes
1id-1'l0
~o
STRUCTURAL ITEMS
(a) Are you aware of any past or present water leakage in the house or other structures? 0 Yes ~o
(b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other struc-
tural components? 0 Yes ~o
(c) Are you awars,.of any past Or present problems with driveways, walkways, patios, or retaining ";"o1ls on the property?
DYes Ikl"'No
~xplain any "yes" answers that you give in this section. When explaining efforts to control or repair. please describe the loca-
tIOn and extent of the problem, and the date and person by whom the work was done, if known:
Page 1 of4
SeIler's Initials: ~c-~ 0
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS~ 1997
COPIES: WHITE-BUYER; GOLD-
rT1 Pennsylvania Association Qf
U3 REALTORS"
REAUOA8'no._......._.ft_,....
5/97
59 7.
iO
61
62
63
64 8.
65
66
61
68
89
10
11
12
73
14
75
76
17
78
79
00
81
82
83
84
85
00
81
80
09
90 9.
91
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96
97
90
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105
106
101
100
109
110
111
112
113
1,.
115
'ADDITIONSIREMODELS
'0 Yes .~
If yes, describe:
I I
Have you made any additions, structural changes, or other alterations to the property?
5'
6
6
6
6
6
6
6
,
6
6
7
7
WATER AND SEWAGE
(a) Wh~ the source of your drinking water?
[B"'Public 0 Community System 0 Wen on Property Other (explain)
(b) If your drinking water source is not public:
When was your water last tested?
Is the pumping ~ystem in working order?
If uno," explain;
(c) Do you have a softener, filter, or other purification system? 0 Yes rn-Mo
If yes, is the system 0 Leased 0 Owned
(d) Wh~s the type of sewage system? 0 Public Sewer 0 Co~unity Sewer
[l?""On-Site (or Individual) sewage system
If On-Site, what type? 0 Cesspool ~rainfield 0 Unknown 0 Other (specify):
Is there a septic tank on the Property? ~es 0 No 0 Unknown
If yes, what is the type of tank? 0 MetaUsteel 0 Cement/concrete 0 Fiberglass W11"nknown
o Other (specify);
Other type of sewage system (explain):
What was the result of the test?
o Yes 0 No
7
7
7
7
7
7
7
.,
':.
5
8
8
8
a
8
8
8
8
8
(e) When was the on-site sewage disposal system last serviced?
(f) Is there a sewage pump? 0 Yes ~o
If yes, is it in working order? 0 Yes 0 No
(g) Is either the water or sewage system shared? 0 Yes ~o
If "yes," explain:
(h) Are you aware of any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-related items?
o Yes [J;rlfo
If "yes," explain:
~~
~pper ~anized ~'<1 0 PVC
PLUMBING SYSTEM
(a) Type of plumbing:
Other (explain):
(b) Are you aware of any problems with any of your plumbing fixtur;:; (e.g., including but not limited to;
room fixtures; Wet bars; hot water heater; etc.)? 0 Yes J;a"No
If "yes," explain:
o Unknown
9
9
,
kitchen, laundry, or bath- s
9
9
9
9
9
9
10
10
10
o No 10
10
10. HEATING AND AlR CONDITIONING
(a) Type of air conditioning: 0 Central Electric 0 Central Gas
Number of window units included in sale Location
(b) List any areas of the house that are not air conditioned:
o Wall
~one
(c) Type of heating: 0 Electric ~ Fuel Oil 0 Natural Gas 0 Propane (On-site)
Are there wood or coal burning stoves? 0 Yes ~ No If yes, how many? _ Are they working?
Are there any fireplaces? 0 Yes 0 No If yes, how many? _ Are they working? 0 Yes
Other types of heating systems (explain):
o Yes
o No
10
(d)
10
10
10
10
11
11
11
11
11
11
11
11
"
11
If yes, how many? ~
Are they working?
l1YYes
o No
Are there any chimneys? J:!l. Yes 0 No
When were they last cleaned? .
(e) List any ar~as of the house that are not heated:
(f) Typ of water
Other:
(g) Are you aware of any underground fuel tanks on the property?
If yes, describe:
Are you aware of any problems with any item in this section?
If "yes," explain:
~ Electric
o Gas
o Solar
o Yes
\Sl-1II 0
o Yes
id"No
116
117
118 I L ELECTRICAL SYSTEM
119 If "yes." explain:
120
')'~-I
~o
Are you aware of any problems or repairs needed in the electrical system?
o Yes
Page 2 of4
~
1:
Seller's Initials:
,~_=.,"",,,,""ll-
121 12. 'OTHER EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete 0 y if appli ble). "
Equipment and appliances ultimately included in the sale will be determined by. negotiation mad according to the terms of the 12
Agreement of Sale. 12
(a) 0 Electric Garage Door Opener No. of Transmitters 1;:
(b) 1M' Smoke Detectors How many,," I Location .2b;o>-,.~ -. "io(- "
(c) 0 Security Alarm System 0 Owned 0 Leased Lease I:formatiorl-l ,.
(d) 0 Lawn Sptinkler No. 0 Automatic Timer ,.
(e) ~ Swimming Pool 0 Pool Heater 0 SpaIHot Tub 1:
\ Pool/Spa Equipment (list): ,.
(f) 0 Refrigerator . 8l. Range 0 Microwave Oven 0 Dishwasher 0 Trash Compactor 0 Garbage Disposal "
(g) 0 Washer 0 Dryer 1:
(h) 0 Intercom "
(i) ~ Ceiling fans No. Location l,.( \"'C'C' IJ-. ^. . o'
mOther: "
Are any items in this section in need of repair or replacement? 0 Yes U?"'No 0 Unknown 1:
If "yes," explain: 1:
1f2.'
123
124
12S
126
127
128
129
130
131
132
133
134
135
136
137
138 13. LAND (SOILS, DRAINAGE, AND BOUNDARIES)
139
140
141
142
143
144
145
146
147
148
149
1S0
151
152
153
154
155
158
157
158
159
160
181
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176
177
178
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102
.4U!I!f<J~,
1:
(a) Are you aware of any fill or expansive soil on the property? 0 Yes ILJ..-Mo 1:
(b) Are you aware of any sliding, settling, earth movement, upheaval, subsidence. or earth stability problems that have occurred on ,.
or affect the property? 0 Yes ~ o' .,.
Note to Buyer: The properry may be subject to mine subsidence damage. Maps of rhe counties arohz}ines where mine subsi. ,.
dence damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine ,.
Subsidence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (412) 941-7100. ,.
(c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? 1.
Ofu ri 1
To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? ~s 0 No ~. - .... ~~
Do you know of any past or present drainage or flooding problems affecting the property? 0 Yes 1iJ-?/0 ,.
Do you know of any encroachments, boundary line disputes, or easements? 0 Yes rn--No ,.
Note to Buyer: Mosr propenies have easements running across them for utility services and other reasons. In many cases, the 1
easements do not restrict the ordinary use of the properry, and. Seller may not be readily aware of them. Buyers may wish to
determine the existence of easement and restrictions by examining the properry and ordering an Abstract of TItle or searching ,.
the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale.
Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls. etc.) or maintenance agreements?
o Yes fiJA'l0
Explain any "yes" answers that you give in this section:
(d)
(e)
(f)
(g)
1:
14. HAZARDOUS SUBSTANCES 1
(a) Are you aWare of any underground tanks or hazardous substances present on the property (structure or soil) such as, but not 1
limited to, asbestos, Polychlorinated biphenyls (PCBs), Urea Formaldehyde Foam Insulation (UFFI), etc.? 0 Yes @--No
(b) To your knowledge, has the property been tested for any hazardous substances? 0 Yes . E"No
(c) Do you know of any other environmental concerns that might impact upon the property? 0 Yes ~o
Explain any "yes" answers that you give in this section: .
1
1,
(d) Do you know of any tests for radon gas that have been performed in any buildings on the Property?
If yes, list date, type, and results of all tests below:
DATE TYPE OF TEST REsULTS (picoCurieslIiter or working levels)
~o
o Yes
(e) Are you aWare of any radon removal system on the Property? 0 Yes DYNo
If yes, list date installed and type of system, and whether it is in working order below:
DATE lNS'l'AllED TYPE OF SYSTE."I
WORKING ORDER
o Yes 0 No
o Yes 0 No
o Yes 0 No
(f) If Property was constructed. or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the
Property. Are you aware of any lead-based paint or lead-based paint hazards on the Property? 0 Yes ErNo
If yes. expl'lin how you know of it, where it is, and the condition of those lead-based paint surfaces:
Page 3 of4
Seller's Initials: ('y-." ~
.~.....
'"'T'
183
184 '
185
186
187
188
189
190
191
192
193
19.
195
196
197
198
199
ZOO
ZOI
ZOZ
Z03
Z04
ZOS
Z06
Z07
Z08
209
Z10
Z11
Z12
Z13
ZI.
215
21.
If Property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint "
on the Propert;:. Are you aware of any reports or records regarding lead-based paint or lead-based paint hazards on the Property? 18
DYes 1D'N0 18
If yes, list all available reports and ,ecords: 18
"
IE
15. CONDOMINIUMS AND OTHER HOMEOWNERS ASSOCIATIONS (Complete only if applicable) "
Type: 0 Condominium 0 Cooperative 0 Homeowners Association or Planned Community "
Other "
Notice regarding COlldominiums, Cooperatives, and PUlllned Communities: According to Sectioll 3407 of the Vllifomz COlldo- IS
minium Act [68 Pa. C.S. g3407 (relaring to resale of units) and 68 Po. C.S. g4409 (relating to resale of cooperative illterests)] and IS
section 5407 of the Vnifonn Planned Community Act [68 Pa. C.S. g5407 (relating to resale of units)], a buyer of a resale unit ill a "
condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the by- "
laws, the rules or regulations, and a cenificate of resale issued by the association in the condominium, cooperative, or planned com- "
munity. The buyer will have the option of canceling the agreement with the return of all deposit monies until the certificate has been 15
provided to the buyer alld for five days thereafter or until conveyance, whichever occurs first. 15
(gl
15
16. MISCELLANEOUS 2e
(a) Are you aware of any existing or threatened legal action affecting the property? 0 Yes ~o zo
(b) Do you know of any violations of federal, state, or local laws or regulations relating to this pItoperty? 0 Yes aYNo 20
(c) Are you aware of any public improvement, condominium or homeowner association assessmellts agains,t the property that remain 20
unpaid or of any violations of zoning, housing. building, safety or fire ordinances that remain, uncorrected? 0 Yes ii:?'No 20
(d) Are you aware of any judgment, encumbrance, lien (for example co-maker or equity loan) or other debt against this property that 2,
cannot be satisfied by the proceeds of this sale? 0 Yes 0-:No 2t
(e) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 2e
property? 0 Yes (V'l\fo ze
(f) Are you aware of any material defects to the property. dwelling. or fixtures which are not disclosed elsewhere on this form? 2[
o Yes ~o 21
A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of 21
the residential real property or that involves an unreasonable risk to people on the land. 21
Explain any "yes" answers that you give in this section: 21
Z1
21
ZI
217 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 21
of Seller's knowledge. Seller hereby authorizes the Agent for Seller to provide this information to prospective buyers of the prop- ZI
erty and to other real estate agents. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORJ\iIATION Z1
CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in 'writing of any information supplied on this form Z2
which is rendered inaccurate by a change in the condition of the property following completion of this form. Z2
Z18
Z19
zzo
ZZ1
22Z
ZZ3
ZZ.
ZZS
Z26 SELLER
227 SELLER
ZZ8 SELLER
"'
22
Z2
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22
DATE
DATE
DATE
7-)(-99
Z:
Z,
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Z:
229
Z30
Z31
Z3Z
Z33
I Z3'
. 235
I' 236
23i
I Z38
I Z39
I Z'9
i 241
, Z.Z
1 243
I 244
I
I
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EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to the provisions of the "Real Estate Sellcr Disclosure Acto" the undersigned executor, administrator or trustee is not required to fill out a Seller's Property
Disclosure SUltement. The executor, o.dministr.llOr or trustee. should, however. disclose nny known material defect{s) of the property.
DATE
Z~
Z:
Z:
z,
z,
RECEIPT AND ACK.J.~OWLEDGEMENT BY BUYER
The unde.rsig~ed Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that. unless
stated othe~e in the sales contract, Buyer is purchasing this property in its present conditioll. It is Buyer's responsibility to satisfy himself or herself as
t~ ~he condition oC the property. Buyer mOlY request that the property be inspected, at Buyer's expense and by qualified professionals, to detennine the con-
;~~/ DATE 76~~;
BUYER ~ DATE -,' fCf
BUYER . DATE
z:
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"
24
"
Page 4 of4
2'
~--
Ju1-~3-99 12:S8P JGR Relocat;on Dept.
717 Ehz 8483
P.06
Dillsbutg Septic & Excavatil1g
UUVINa~rI"ONIS" I
(7171 ~J2.971J~
(7171 '~5.2r.lo
"AX ('1/7) ~J2.3Rg9
5/r. RAnee !;IIJ 1t".J
UlIl.buII. I'A /7019
I'AVIN(.: NHVV &: It"l'Allt
Set,lI" lly.lellI' Cledllell · I".lnl/cd . Ilellnlre,1
Un.eme"l r;.<cnvdllun . lJl.dlllll · Ildckhne Selvlce.
Wnler. Sewet line! InslnU.d lit Re,'nlred
July 20, 1999
Martha White
2338'5 Market Street
Mechanicsburg, Pa. 17055
RE: 2338 5 Market ~treet
Mechanicsburg, iPa.
RE:
x
Cleaning and Inspection
Surface insped.loll
x
To \ihom It Nny Concern:
In ncc:o['(lnnce "'ith your. recent r.eques t, IHL!$f!URG s~lTrrc (1, F~('JW^TI NG
performed nn inspection of the scptic system at the above noted prpl'N'l.y
on Julv 19. 1999 .
PortIons of the system were tlot naturally exposed 011 the dRY of thp lll"pccLi.on
"'E!re not eXllmlned, and neither functionality nor integratiol1 Is v('jdfi cd.
. . System parts examined include:
700
Septic 'l'nnk 51 ze olld Cotll.li Lioll
OK
OK
System Accel'ttlnce of Effluent
Proper Toilet Flush
.lhe system inspecti.on ",hieh "'ns
on innecessi.ble' parts of the s stem
system functlon311ty.
1hi.s is a small system according to
performed Cor. you inchKles no! rf"pol"l
alit of ",oter discharge, o~ lolnt
today's requirements.
Poge 1
-,_.~
I"
.-
,."
Jul~23-99 22:S7P JGR Relocat;on Dept.
717 612 8 83
P.DS
. .
.
Dillsburg' Sept.ic & Exc~vating
"LIVINOSTON'SlJ I
, (717) 432.9704
.(717) 545-2610
I'AX (7171 432.3899
516 Rat1ge End Road
DilIsburg. rA 17019
PA VING; .Nll"\X" & H.I::PAIi~
Septic Systems Clcahed . Installed. Repaired
Basement F.xcavatlon . Grading' Backhoe Services
Water. Sewer Unes Installed & Repaired
This letter is intended only as a report of present conci'tions of the
septic sYstem, based on what was obserVed, in light of our co siderable
on site waste water technology. DILLSBURG SEPTIC & EXCAVATIN doe not
warrant or guarantee the proper functioning of the sytem for ny time in
the future. The conditions of the sytem in the future will d pend upon
the size of the family that utilizes the system, the IDaintena ce sch~ule
employed by that family, the family water conservation practi es, and
weather conditions.
Because of the numerous factors that may effect the prop
of the septic system, ns well as the inability of DII~BURG S
to monitor the use or maintenance of the system, this report
only as a report of the operating condition of the system on
inspection. DILLSBURG SEPTIC & EXCAVATING specifically DISC
or assurance, either expressed or implied, associated with th
of the system, the inspection of the syste~, or this report.
r operation
PTIC & E:XCAVATING
hall be construed
he date of the
IMS any warranty
future performance
. ,
SEE ArrAmED MAINTENANCE LEITER.
Pa~e 2
j':_~
~!
~
11/05/99 14:08 FAX 7173994127 TABOR COB>> 8ERV
~ t .JI.E Eni:srprises F'I-DE Kl.. : 938371J!l
/"
14102
.1..,. lils 2aOO 1Q4: <GPI1 F'2
.
. .
Proposal
h;:~o ~_: 13"j
L~nl..(.*I"~"
'pt,n,..rJ1ol.T
J&nUYV.1tv.~
aFud Pfr/IfIhr
-".......
,*",_IO.Papr~
..... ...... ....-_ ~ lJMd If z.... J.7~
NAHEI J\DOII.EBS
M:iklC Weaver
2338 S. MaEket 8t
Mech. PA. \7055
__~~~ROJecr
CEllCRIPTlQN
"~.
S.1
prlciug
ThIs price includes pere. prqbe and design at above l~aV"" to determine stage 2
900.00
Stage 2 This price is det.:.u4io.edon 'the oUtf'J'\~ of stage 1 although a fair rmgct for
~_ purposes would be 10.000.00 to 20,000.00
Since Ihere is a nnrn...... of dift'e..e(J.t ::.,~te~s _ sizes that could apply. it is nearly
impossible to get more acumte tbanlbis untiIl stage 1 is complete.
I
.
~
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TOTAL
81GNA1\Il'Ui
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. ,
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-
.
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.
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.
.
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~ C '-.-' e
~ ~ 0 -=c'- (:')
It ~..
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-. (9 8 2::-
0 '" ,
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r , c::c;
~ ~~
"'0 -.:rl F! ~ S:~;
!-J z :.51 :.rJ
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~
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.. 1 - ~:
IN THE COURT OF COMMON PLEAS OF CUMEBLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs
: No. 00-6213 - Civil Term
JACK GAUGHEN, INC., t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA
C. WHITE, and DILLSBURG SEPTIC &
EXCA V AnNG a/k/a DILLSBURG
SEPTIC, EXCAVATING & PAVING,
INC.,
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of the Defendant, Dillsburg Septic &
Excavating a/k/a Dillsburg Septic, Excavating & Paving, Inc., in the above-captioned
matter.
Dated: September 25, 2000
Of Counsel
Respectfully submitted,
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania 17108-1998
(717) 233-7691
~Ltu/l~
~~~/
Thomas S. Beckley, Esquire
Attorneys for Defendant Dillsburg
Septic & Excavating a/k/a Dillsburg
Septic, Excavating & Paving, Inc.
. ~,. , ,'"
-",
IN THE COURT OF COMMON PLEAS OF CUMEBLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs
: No. 00-6213 - Civil Term
JACK GAUGHEN, INC., t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA
C. WHITE, and DILLSBURG SEPTIC &
EXCA V AnNG a/k/a DILLSBURG
SEPTIC, EXCA VA TING & PAVING,
INC.,
Defendants
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the persons and in the manner indicated
below:
SERVICE BY FffiST CLASS MAIl,
George T. Cook, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, Pennsylvania 17603
Jack Gaughen, Inc.
3800 Market Street
Camp Hill, Pennsylvania 170 II
Martha C. White
2828 Momingside Drive
Camp Hill, Pennsylvania 170 II
DATED: September 25, 2000
~*~/
Thomas S. Beckley, Esquire
'". ~~, , -, ,- r "r,~ - -'. '- .n"'-_~__ -,
.,,-
.~
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-06213 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER DAVID MICHAEL ET AL
VS
GAUGHEN JACK INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
DILLSBURG SEPTIC & EXCAVATING A/K/A DILLSBURG SEPTIC E~ AL
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pen~sylvania, to
serve the within COMPLAINT & NOTICE
On September 27th , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10.00
35.60
.00
72.60
09/27/2000
BLAKINGER,
c~~
, Thomas Kline .
Sheriff of Cumberland County
BYLER & THOMAS
Sworn and subscribed to before me
this ..;~
day of (}J~
,2fr/.J"O A.D.
~C;L~~)
prothonotar
"""'::~
0'--
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06213 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER DAVID MICHAEL ET AL
VS
GAUGHEN JACK INC ET AL
ROBERT L. FINK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
GAUGHEN JACK INC T/D/B/A JACK GAUGHEN REALTOR ERA
the
DEFENDANT
at 0014:45 HOURS, on the 19th day of S~ptember, 2000
at 3800 MARKET ST
CAMP HILL, PA 17011
ANN DALDO (PERSON IN CHARGE)
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Aff idavit
Surcharge
6.00
8.06
.00
10.00
.00
24.06
Sworn and Subscribed to before
me this 'IE.- day of
{} q;; >>uiJ AD
-A- (l ~.J $'7)
othonotary /
-"'''''''-1'''_''I["'lIl'
~ ,
So Answers:
~~"il"<t:~,
R. Thomas Kline
09/27/2000
BLAKINGER, BYLER & THOMAS
BY:~ .d~
. --' ~
eputy She~iff
~ "
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06213 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEAVER DAVID MICHAEL ET AL
VS
GAUGHEN JACK INC ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn actording to law,
says, the within COMPLAINT & NOTICE
was served upon
WHITE MARTHA C
the
DEFENDANT
, at 0016:33 HOURS, on the 19th day of ~fptember, 2000
I
at 2828 MORNINGS IDE DRIVE
CAMP HILL, PA 17011
by handing to
MARTHA C. WHITE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
~~ ~-t:~t?
R. Thomas Kline
09/27/2000
BLAKINGER, BYLER & THOMAS
Sworn and Subscribed to before
By:
~~
De Sheriff
me this '-/~
day of
(p~ 02-~ A.D.
(J,.. () IkJP, AD~
~.;u;onotary , I ~
-"':;om~4_ "
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK, PA17401
SHERIFF SE.RVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
..... . ....... ................ ........N~L...L.;;.;;;...C'.;;.E;;;:;
INE'!fC'rOC';j'2'f;f;;;';
}l."GQPIES;T....
1, PLA1NTIFF}S} 2. COURT NUMBER
Dav"d M h 1 W er t 1 20-6213 Civil
~ ic ae eav ,e. a .
3. DEFENDANTISJ 4. TYPE OF WRIT OR COMPLAINT
Jack Gaughen, Inc., et. al. Notice & Complaint
SERVE.{ 5. NAME OF INDIVIDUAL COMPANY, CORPOAATI9N. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO ~ LEVIED, ATTACHED, OR SOLD.
..... ". Dillsburg Septic & Excava ting ,a/jk/ a DillsburgSept ic, Excav.
..,... 6. ADDRESS {STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORd, TWR, STArE AND ZIp CODE
AT .. 516 Ranqe End Road, Dillsburq, PA 17109
7. INDICATE SERVICE: 0 PERSONAL q PERSON IN CHARGE '''DEPLtrlZE Cu~!irI:1~1I;ld 0 1ST ClASS MAIL
NOW . 9/13/00 .20_ 1, SHERIFF OF~~~~hereb .
Vnrk . COUNTY to ex t ke
to law. This deputation being made at the request and risk of the plaintiff. . .
SHERlF Oll@)mcOUNTY
Cumberland
& PaVing
Inc.
o POSTED, .. 0 OTHER
ize the sheriff of
re f according
6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDlTlNG SERVICE:
'.'OQfOF GOUNTY
. <';U!ViBERLIl,NP
ADVANCED FEE PAID BY CUMBERLAND CO. SHERIFF'
NOTE ONLY ApPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under wlthin writ may leave same
without a watchman, in cuslo_dy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriff's sale thereat
9. TYPE NAME AND ADDRESS of ATTORNEY I ORIGINAtOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
GEORGE T. COOK, 28 PENN SQUARE, LANCASTER, PA 17603 . 2gg~1100 9-12-00
12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
.. .' .'. ...... '.' '.. "'>$"AC:~$~I.,()W FOROSE()FTHESHERIFF,,'Q'ONO~WRIT~$~j;.()Wta'$I.,'tJE>"'"
i 3. I acknowledge receipt of the writ 14. DATE RECEIVED 15. :~~p'j.r~t!~,~.H.~.ar.i~g Date
or complaint as indicated above. '-"-"-"-:"'::~:'i.2~:do
OTHER (
SEE REMARKS
16. HOW SERVED: PERSONAL ( J
RESIDENCE ( )
POSTED ( )
peE
SHER~FF'S OFF ( J
44. Signature of
Dep. Sheriff
SEPTEMBER 0') . 4 Signature of York
. NotanaJ ::-Jest ~ _ County Sheriff
Jame.s V. Vangreen. Notary .PubllC \vILLIAM M. HOSE
'-'York, York County, PA' 46. Signature of Foreign
My Commission ExpIres Jlim. ~.2. 2001 :' .Coun Sheriff
50. I 'c HERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AN~TITLE ....
1. WHITE ~ Issuing Authority 2. PINK - Attorn~y _ ,_~..,CA'N,b.'~y. :.sf;ll:lriff's Office 4. BLUE - Sheriffs Office
42.d
21st
t? 23. Advance Costs
o
.~ 34. Foreign CoU"nty Costs
~
41. AFFIRMED and subscribed to before me this
9/21/00
49. DATE
51. DATE RECEIVED
e>:3iMlh:;"1"'-"
J' r~~E G I,. ~ VL: ;",; ..
eFFICE OF z;HL i, ;
YORK, Pi\
'00 SEi' 15 Prl J 35
-'0-
",b."l"L.L.il~lh.l!jU"J.Il"",Jl,.,,. .:U.IL"
~
. .
REAGER, ADLER & COGNETTI, PC
By: LINUS E. FENICLE, ESQUIRE
Attorney J.D. No.20944
2331 Market Street
C8.lnp Hill, P A 17011
Telephone: (717) 763-1383
Attorneys for Martha C. White
DAVID MICHAEL WEAVER and
AMY C. WEAVER
: IN THE COURT OF COMMON PLEAS OF
Cl.JMBERLAND COUNTY
Plaintiffs
v.
: No. 00-6213 - Civil Term
fi
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i-I
'I
n
[1
If
Ii
1'1
fJ
fJ
JACK GAUGHEN, INC., t/dlb/a JACK
GAUGHENREALTORERA,MARTHA:
C. WHITE, and DILLSBURG SEPTIC : CIVIL ACTION - LAW
& EXCAVATING a/kla DILLSBURG
SEPTIC, EXCAVATING & PAVING,
INC.
Defendants
:'!
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
,
I,:
,
,
!
I,
:.,
,
;.]
i
'I
:'!
I
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!-,
,.'
[,j
I",;
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,
,
,
!'!
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Please enter our appearance on behalf of Martha C. White in the above captioned matter.
Respectfully submitted,
Dated: q/1;/OO
LER &~TTI, PC
~.
S E. FENICLE, ESQUIRE
Identification No. 20944
2331 Market Street
Camp Hill, P A 17011-4642
(717)763-1383
Attorney for Martha C. White
~ . .
'.
CERTIFICATE OF SERVICE
(h
AND NOW, this 1'1 day of September, 2000, I hereby verify that I have caused a true and
correct copy of the foregoing Praecipe to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows to the following individual(s):
Thomas A. Beckley, Esquire
Thomas S. Beckley, Esquire
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, P A 17108-1998
Jack Gaughen, Inc.
3800 Market Street
Camp Hill, P A 17011
George T. Cook, Esquire
BLAKINGER, BYLER & THOMAS, P.C.
28 Penn Street
Lancaster, P A 17603
"-;
_. .U
ictl
,~ .
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:i Ill' IflIT~'"'^'nir'". "~""r\~'
-
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IN THE COURT OF COMMON PLEAS OF CUMEBLAND COUNTY
CIVIL ACTION -LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs
: No. 00-6213 - Civil Term
JACK GAUGHEN, INC., t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA
C. WHITE, and DILLSBURG SEPTIC &
EXCA V A TING a/k/a DILLSBURG
SEPTIC, EXCAVATING & PAVING,
INC.,
Defendants
DEFENDANT DILLSBURG SEPTIC & EXCAVATING
a/k/a DILLBURG SEPTIC, EXCAVATING & PAVING, INC.'S,
PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT
AND NOW comes the Defendant, Dillsburg Septic & Excavating a/k/a Dillsburg
Septic, Excavating & Paving, Inc. ("Dillsburg Septic"), the Defendant in the
above-captioned matter, who, by and through its attorneys, Thomas A. Beckley, Esquire,
Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files these Preliminary
Objections to Plaintiffs', David Michael Weaver and Amy C. Weaver's, Complaint
pursuant to Pennsylvania Rule of Civil Procedure 1028.
1. On September 12, 2000, Plaintiffs filed a Complaint in this action against
Dillsburg Septic, Martha White, and Jack Gaughen, Inc., t/d/b/a Jack Gaughen Realtor
ERA, for damages Plaintiffs allegedly sustained when it purchased a new house from the
Defendant Martha White.
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2. Plaintiffs have asserted claims for breach of contract, fraud, violation of
Pennsylvania's Unfair Trade Practices and Consumer Protection Law ("UTPCPL") and
negligence against the Defendant Dillsburg Septic relating to the property's septic system.
3. Essentially, Plaintiffs' Complaint alleges that the Defendants failed to inform
the Plaintiffs that the dishwashing and laundry disposal systems were not connected to the
septic tank contained on the property, and that Plaintiffs now need an entirely new septic
system installed.]
I. DEMURRER TO COUNT II - BREACH OF CONTRACT
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsburg St:ptic, Excavating & Paving. Inc.
4. Dillsburg Septic hereby incorporates paragraphs I through 3 of these
preliminary objections as though set forth here at length.
5. In Count II of their Complaint, Plaintiffs have asserted a breach of contract
action against the Defendant Dillsburg Septic.
6. In order to properly plead a breach of contract claim, a Plaintiff must aver that
the contract was supported by consideration, and must set forth the material terms of the
contract. 4 Standard Pa. Practice 2d S 22:9.
] Plaintiffs' Complaint further alleged that one of the valve lines leading into the
swimming pool was damaged prior to Plaintiffs' purchase of the house and needs
replaced, however, Plaintiffs have not alleged that Dillsburg Septic is responsible for the
valve line. (Compl., W 26-31.)
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7. Plaintiffs have failed to allege that its purported contract with Dillsburg Septic
was supported by any consideration and failed to set forth the material terms of the
contract.
8. Count IT of Plaintiffs' Complaint fails to state a claim upon which relief may
be granted against Dillsburg Septic for breach of contract.
WHEREFORE, Defendant Dillsburg Septic & Excavating a/k/a Diillsburg Septic,
Excavating & Paving, Inc., respectfully requests this Court to enter an Order dismissing
Count IT QfPlaintiffs' Complaint.
II. DEMURRER TO COUNT IV - FRAUD
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsbvrg Septic. Excavating & Paving. Inc.
9. Dillsburg Septic hereby incorporates paragraphs I through 8 of these
preliminary objections as though set forth here at length.
10. In Count IV of their Complaint, Plaintiffs have asserted an action for fraud
against the Defendant Dillsburg Septic.
II. In order to properly plead a claim for fraud, a Plaintiff must aver that the
Defendant either concealed a fact which the Defendant had a duty to reveal, or made an
affirmative misrepresentation to the Plaintiff. Martin v. Hale Products, Inc., 699 A.2d
1283, 1288 (Pa.Super. 1999) ("Mere silence in the absence of a duty to speak cannot
suffice to prove fraudulent concealment").
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12. Plaintiffs have failed to allege that Dillsburg Septic had any duty to inform
the Plaintiffs that the dishwasher and laundry disposal systems were not connected into
the underground septic tank, or that Dillsburg Septic made any specific affIrmative
misrepresentations.
13. Count IV of Plaintiffs' Complaint fails to state a claim upon which relief may
be granted against Dillsburg Septic for fraud.
WHEREFORE, Defendant Dillsburg Septic & Excavating a/k/a Dillsburg Septic,
Excavating & Paving, Inc., respectfully requests this Court to enter an Order dismissing
Count IV of Plaintiffs' Complaint.
m. DEMURRER TO COUNT V - PENNSYLVNIA'S
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
Plaintiffs v. Defendant Dillsburg Septic & Excavating
a/k/a Dillsburg SE:Ptic, Excavating & Paving, Inc.
14. DiIlsburg Septic hereby incorporates paragraphs 1 through 13 of these
preliminary objections as though set forth here at length.
15. In Count V of their Complaint, Plaintiff have asserted an action against the
Defendant Dillsburg Septic for violation of Pennsylvania's Unfair Trades Practices and
Consumer Protection Law ("UTPCPL"). 73 P.S. 9201 et seq.
16. In order to assert a claim under the UTPCPL, a plaintiff must allege that he
"purchase[ d] or lease[ d] goods primarily for personal, family or household purposes." 73
P.S. 9201-9.2 (Supp. 2000).
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17. Plaintiffs have failed to allege that they purchased or leased any goods or
services from Dillsburg Septic.
18. In addition to asserting the existence of a purchase of goods or services, in
order to assert a claim under the UTPCPL, a plaintiff must allege that the defendant's
actions constituted one of twenty specifically enumerated "unfair methods of
competition" listed in the UTPCPL, or that the defendant's conduct falls within the
"catchall" provision. 73 P.S. ~ 201-2(4)(i-xxi).
19. In order to assert a claim under the "catchall" provision contained in the
UTPCPL, a plaintiff must allege the elements of fraud in his complaint.
20. Plaintiffs' Complaint fails to allege that Dillsburg Septic's actions constituted
any of the twenty specifically enumerated unfair methods of competition listed in the
UTPCPL.
21. Plaintiffs' Complaint fails to allege that Dillsburg Septic's actions constituted
fraud because Plaintiffs' have failed to allege that Dillsburg Septic had any legal duty to
inform the Plaintiffs that the dishwasher and laundry disposal systems were not connected
into the underground septic tank. See Martin v. Hale Products, Inc., 699 A.2d 1283
(Pa.Super. 1997).
22. Count V of Plaintiffs' Complaint fails to state a claim upon which relief may
be granted against Dillsburg Septic under the UTPCPL.
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WHEREFORE, Defendant Dillsburg Septic & Excavating a/k/a Dillsburg Septic,
Excavating & Paving, Inc., respectfully requests this Court to enter an Order dismissing
Count V of Plaintiffs' Complaint.
IV. DEMURRER TO COUNT V - NEGLIGENCE2
Plaintiffs v. Defendant DiIlsburg Septic & Excavating
a/k/a Dillsburg Septic, Excavating & Paving, Inc.
23. Dillsburg Septic hereby incorporates paragraphs 1 through 22 of these
preliminary objections as though set forth here at length.
24. In Count V of their Complaint, Plaintiff have asserted an action against the
Defendant Dillsburg Septic for negligence.
25. In order to plead a cause of action in negligence, a plaintiff must assert that
the defendant owed a duty to the plaintiff. Ney v. Axelrod, 723 A.2d 719 (pa.Super.
1999).
26. Plaintiffs' Complaint fails to state a cause of action against Dillsburg Septic
because Plaintiffs' have failed to allege that Dillsburg Septic had any legal duty to inform
the Plaintiffs that the dishwasher and laundry disposal systems were not connected into
the underground septic tank.
27. In addition to asserting the existence of a legal duty, in pleading a cause of
action against a defendant for negligence, a plaintiff must allege that he suffered either
2Although the Complaint labels this as Count V, it appears it should be numbered as
Count VIT.
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damage to his property or some type of personal injury, not merely economic loss. New
York State Elec. & Gas Corp. v. Westinghouse Elec. Corp., 564 A.2d 919 (Pa.Super.
1989).
28. Plaintiffs' Complaint fails to state a cause of action for negligence because
Plaintiffs failed to allege that they suffered damage to their property or any type of
personal injury, rather Plaintiffs' have merely alleged that they suffered an "economic
loss" which does not support a claim for negligence.
WHEREFORE, Defendant Dillsburg Septic & Excavating a/k/a Dillsburg Septic,
Excavating & Paving, Inc., respectfully requests this Court to enter an Order dismissing
Count V of Plaintiffs' Complaint.
Dated: October 11,2000
Of Counsel
Respectfully submitted,
BECKLEY & MADDEN
212 North Third Street
Post Office Box 11998
Harrisburg, Pennsylvania l7l 08-1998
(717) 233-7691
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Thomas . Beckley, Esq Ire
Attorneys for Defendant Dillsburg
Septic & Excavating a/k/a Dillsburg
Septic, Excavating & Paving, Inc.
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IN THE COURT OF COMMONPLEAS OF CUMEBLAI<D ~UNTY
CIVIL ACTION - LAW ,
i
DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs
: No. 00-6213 - Civil Term
JACK GAUGHEN, INC., t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA
C. WHITE, and DILLSBURG SEPTIC &
EXCA VA TING a/k/a DILLSBURG
SEPTIC, EXCAVATING & PAVING,
INC.,
Defendants
CERTIFICATE OF SERVICE
I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct
copy of the foregoing document was served upon the persons and in the manner indicated
below:
SERVICE BY FIRST CLASS MAIl,
George T. Cook, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, Pennsylvania 17603
Linus E. Fenicle, Esquire
Reager, Adler & Cognetti, P.C.
2331 Market Street
Camp Hill, Pennsylvania 17011-4642
Jack Gaughen, Inc.
3800 Market Street
Camp Hill, Pennsylvania 17011
DATED: October II, 2000
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DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs,
v.
JACK GAUGHEN, INC. t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA C.
WHITE, and DILLSBURG SEPTIC &
EXCA VA TING a/k!a DILLSBURG
SEPTIC, EXCAVATING & PAVING, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-6213 Civil Term
CIVIL ACTION
NOTICE TO PLEAD
To:
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David M. Weaver and Amy C. Weaver, c/o
George T: Cook, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, PA 17603
AND
Martha C. White
282~ Morningside Drive
Camp Hill, PA 17011
AND
Dillsburg Septic & Excavating a/k!a
Dillsburg Septic, Excavating & Paving, Inc., c/o
Thomas A. Beckley, Esquire
Thomas S. Beckley, Esquire
Beckley & Madden
212 N. Third St. IP.O. Box 11998
Harrisburg, PA 17108-1998
You are hereby notified to file a written response to the enclosed Answer Together with
New Matter and Cross Claim to Plaintiffs' Complaint within twenty (20) days from service
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hereof or a judgment may be entered against you.
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76032.11OflllOO
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SAUL EWING LLP
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Paige Macdonald-Matthes
Attorney ID No. 66266
2 North Second Street, 7th Floor
Harrisburg, PA 17101
(717) 238-7675
Attorney for Jack Gaughen, Inc.
t/d/b/a Jack Gaughen Realtor Era,
and its successor in interest
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER,
Plaintiffs,
No. 00-6213 Civil Term
v.
JACK GAUGHEN, INC. t/d/b/a JACK
GAUGHEN REALTOR ERA, MARTHA C.
WHITE, and DILLSBURG SEPTIC &
EXCA V A TING a/k/a DILLSBURG
SEPTIC, EXCAVATING & PAVING, INC.,
Defendants
ANSWER TOGETHER WITH NEW MATTER AND CROSS-CLAIM TO COMPLAINT
AND NOW, comes Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA
(hereinafter "Gaughen"), by and through its counsel Saul Ewing LLP, and files its Answer
Together with New Matter and Cross-Claim to the Complaint filed by David Michael Weaver
and Amy C. Weaver (hereinafter collectively referred to as "Plaintiffs"), and in support thereof
avers as follows:
1. Admit.
2. Admit.
3. Gaughen is without knowledge sufficient to form a belief as to the truth of the
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averment set forth in Paragraph 3 of Plaintiffs' Complaint and strict proof of the same, if
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relevant, is demanded at the time of trial.
4. Gaughen is without knowledge sufficient to form a belief as to the truth of the
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5. Admit.
6. Admit.
7. Admit.
8. Admit.
9. Admit.
10. Admitted only to the extent that Defendant White completed a Seller's Property
Disclosure Statement on July 11, 1999. By way of further reply, the Seller's Disclosure
Statement speaks for itself.
II. Admitted only to the extent that Defendant White completed a Seller's Property
Disclosure Statement on July 11, 1999. By way of further reply, the Seller's Disclosure
Statement speaks for itself.
12. Admitted only to the extent that Defendant White completed a Seller's Property
Disclosure Statement on July 11, 1999. By way of further reply, the Seller's Disclosure
Statement speaks for itself.
13. Admitted only to the extent that Defendant White completed a Seller's Property
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Disclosure Statement on July 11, 1999. By way of further reply, the Seller's Disclosure
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14. Admit.
15. Admit.
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17. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 17 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
18. Admit.
19. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 19 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
20. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 20 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
21. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 21 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
22. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 22 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
23. Admitted in part and denied in part. It is admitted that prior to Plaintiffs taking
title Gaughen did not discuss the condition of the septic system with Plaintiffs. It is denied that
Gaughen had any obligation to discuss the condition of the septic system to Plaintiffs in that
Defendant White duly executed a Seller's Disclosure Statement wherein she assumed full
responsibility for any representations concerning the condition of the subject premises.
76032.110111100
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24. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 24 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial. By way of further reply, it is denied that Gaughen
failed to disclose any information concerning the property that Gaughen was aware of.
25. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 25 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
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26. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 26 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
27. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 27 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
28. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 28 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
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29. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 29 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
30. Admitted in part and denied in part. It is admitted that prior to Plaintiffs taking
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title Gaughen did not disclose the condition of the valve line. It is denied that Gaughen was
aware that the valve line was "broken". It is further denied that Gaughen failed to disclose any
76032.110111100
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information concerning any aspect of the subject premises to Plaintiffs prior to Plaintiffs taking
title.
31. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 31 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
COUNT I - BREACH OF CONTRACT
PLAINTIFFS v. DEFENDANT MARTHA C. WIDTE
32. Incorporation paragraph -- no response required.
33-36. The averments set forth in paragraphs 33 through 36 of Plaintiffs' Complaint are
not directed to Gaughen and consequently no response is required.
WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs Complaint with prejudice,
and further award Gaughen all such other relief as is proper and just.
COUNT II - BREACH OF CONTRACT
PLAINTIFFS v. DEFENDANT DILLSBURG SEPTIC & EXCAVATING
a/k/a DILLSBURG SEPTIC EXCAVATING & PAVING
37. Incorporation paragraph - no response required.
38-41. The averments set forth in paragraphs 38 through 41 of Plaintiffs' Complaint are
not directed towards Gaughen and consequently no response is required.
WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs Complaint with prejudice,
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COUNT III - FRAUD
PLAINTIFFS v. DEFENDANTS JACK GAUGHEN, INC.
t/b/d/a JACK GAUGHEN REALTOR ERA and MARTHA C. WHITE
42. Incorporation paragraph - no response required.
43. It is denied that Gaughen made "false and material misstatements and omissions
to the Plaintiffs with respect to the functionality of the septic system and the swimming pool
system." To the contrary, Gaughen made no representations whatsoever to Plaintiffs
concerning the septic system or the swimming pool system.
44. Denied. It is denied that Gaughen failed to disclose that the dishwashing and
laundry systems were not connected to the septic system and failed to disclose that the
swimming pool valve line had a leak. It is further denied that Gaughen had any knowledge
that the dishwashing and laundry systems were not connected to the septic system or that the
swimming pool valve line had a leak. Finally, by way of further reply, Co-Defendant White
duly executed a Seller's Disclosure Statement whereby Co-Defendant White assumed sole
responsibility for any representations made therein concerning the condition of the subject
premises.
45. Denied. It is denied that Gaughen failed to disclose that the water from the
dishwashing and laundry systems ran into the yard. By way of further reply, Gaughen did not
have any knowledge that the water from the dishwashing and laundry systems ran into the
yard. Finally, by way of further reply, Co-Defendant White duly executed a Seller's
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Disclosure Statement whereby Co-Defendant White assumed sole responsibility for any
representations made therein concerning the condition of the subject premises.
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46. Denied. It is denied that Gaughen "represents in the Seller's Property
Disclosure Statement that there were no problems relating to the septic system." It is further
denied that Gaughen completed or in any way participated in the completion of the Seller's
Property Disclosure Statement.
47. Denied. It is denied that Gaughen "represented in the Seller's property
disclosure statement that the swimming pool was not in need of repair of replacement." By
way of further reply, Gaughen did not assist or in any way participate in the completion of the
Seller's Property Disclosure Statement.
48. Denied. It is denied that Gaughen intended that Plaintiffs rely on any statements
and/or omissions. By way of further reply, it is denied that Gaughen made any statements
and/or omissions concerning the condition of the subject premises.
49. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 49 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial. By way of further reply, it is denied that Gaughen
made any statements and/or omissions in regard to the subject premises.
50. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 50 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
51. Denied. It is denied that Gaughen's conduct was "outrageous" and was
undertaking with "gross negligence and reckless indifference to Plaintiffs' rights and interests. "
WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
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judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs' Complaint with
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prejudice, and further award Gaughen all such other relief as is proper and just.
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COUNT IV - FRAUD
PLAINTIFFS v. DEFENDANT DILLSBURG SEPTIC & EXCAVATING
a/k/a DILLSBURG SEPTIC, EXCAVATING & PAVING, INC.
52. Incorporation paragraph - no response required.
53-59. The averments set forth in paragraphs 53 through 59 of Plaintiffs' Complaint are
not directed towards Gaughen and consequently no response is required.
WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs' Complaint with
prejudice, and further award Gaughen all such other relief as is proper and just.
COUNT V - PENNSYLVANIA UNFAIR TRADE PRACTICES
IN CONSUMER PROTECTION LAW
PLAINTIFFS v. DEFENDANTS JACK GAUGHEN, INC. t/b/d/a JACK GAUGHEN
REALTOR ERA, MARTHA C. WIDTE, and DILLSBURG SEPTIC & EXCAVATING
a/k/a DILLSBURG SEPTIC, EXCAVATING & PAVING, INC.
60. Incorporation paragraph - no response required.
61. The averments set forth in Paragraph 61 of Plaintiffs' Complaint state
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Complaint are denied.
62. The averments set forth in Paragraph 62 of Plaintiffs' Complaint state
conclusions of law to which no response is required. In the event that it is later judicially
determined that an answer is so required, the averments set forth in Paragraph 62 of Plaintiffs'
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Complaint are denied.
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WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs' Complaint with
prejudice, and further award Gaughen all such other relief as is proper and just.
COUNT VI - NEGLIGENT MISREPRESENTATION
PLAINTIFFS v. DEFENDANTS JACK GAUGHEN, INC.
t/b/d/a JACK GAUGHEN REALTOR ERA and MARTHA C. WffiTE
63. Incorporation paragraph - no response required.
64. The averments set forth in Paragraph 64 of Plaintiffs' Complaint state
conclusions of law to which no response is required. In the event that it is later judicially
determined that an answer is so required, the averments set forth in Paragraph 64 of Plaintiffs'
Complaint are denied. By way of further reply, Gaughen has no knowledge of a
"malfunctioning septic system" , and/or of a "broken swimming pool valve line. "
65.
The averments set forth in Paragraph 65 of Plaintiffs' Complaint state
conclusions of law to which no response is required. In the event that it is later judicially
determined that an answer is so required, the averments set forth in Paragraph 65 of Plaintiffs'
Complaint are denied.
66.
Denied. It is denied that Gaughen knew that the septic system was
"malfunctioning" or that Gaughen knew that there was a "broken swimming pool valve line. "
As to the balance of the averments set forth in Paragraph 66 of Plaintiffs' Complaint, Gaughen
is without knowledge sufficient to form a belief as to the truth of those averments and strict
proof of the same, if relevant, is demanded at the time of trial.
76032.11OIllJ(X)
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67. Gaughen is without knowledge sufficient to form a belief as to the truth of the
averment set forth in Paragraph 67 of Plaintiffs' Complaint and strict proof of the same, if
relevant, is demanded at the time of trial.
68. The averments set forth in Paragraph 68 of Plaintiffs' Complaint state
conclusions of law to which no response is required. In the event that it is later judicially
determined that an answer is so required, the averments set forth in Paragraph 68 of Plaintiffs'
Complaint are denied.
69. Denied. It is denied that Gaughen knew or should have known of malfunctions
of septic system and the alleged broken swimming pool valve line. It is further denied that
Gaughen knew of should have known of the "anticipated need for repair or replacement of the
system and line."
70. Denied. It is denied that Gaughen failed to "use reasonable care and
competence in obtaining and communicating information concerning the septic system and the
swimming pool. "
71. The averments set forth in Paragraph 71 of Plaintiffs' Complaint state
conclusions of law to which no response is required. In the event that it is later judicially
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determined that an answer is so required, the averments set forth in Paragraph 71 of Plaintiffs'
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Complaint are denied. By way of further reply, it is denied that Gaughen misrepresented any
information to Plaintiffs concerning the condition of the septic system or the swimming pool.
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WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs' Complaint with
prejudice, and further award Gaughen all such other relief as is proper and just.
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COUNT VIII - NEGLIGENCE
PLAINTIFFS v, DEFENDANT DILLSBURG SEPTIC & EXCAVATING
a/k/a DILLSBURG SEPTIC, EXCAVATING & PAVING, INC.
72. Incorporation paragraph - no response required.
73-74. The averments set forth in paragraphs 53 through 59 of Plaintiffs' Complaint are
not directed towards Gaughen and consequently no response is required.
WHEREFORE, Gaughen respectfully requests that this Honorable Court enter
judgment in its favor and against the Plaintiffs, dismiss the Plaintiffs' Complaint with
prejudice, and further award Gaughen all such other relief as is proper and just.
NEW MATTER
75. Incorporation paragraph - no response required.
76. Gaughen did not breach or violate any duty or obligation they may have had
with respect to Plaintiff.
77. Plaintiff's alleged injuries and losses, if any, were caused by actions or events
outside the control of answer Defendants.
78.
Plaintiff's injuries and losses, if any were caused by Plaintiff's own actions, or
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by Plaintiff's own failure to act.
79. Plaintiff specifically represented by virtue of executing the Agreement of Sale,
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(a copy of which has been attached to Plaintiffs' Complaint and marked as Exhibit B), that
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and any personal property specifically scheduled herein), or waived the right to do so, and
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agreed to purchase [the premises] in its present condition unless otherwise stated in the
Agreement." Plaintiff further acknowledged in Paragraph 27 of the Agreement of Sale that
"the agents did not make an independent examination or determination of the structural
soundness of the property, the age or condition of the components, environmental conditions,
the permitted uses, or of the conditions existing in the local where the property is situated; nor
did they make a mechanical inspection of any of the systems contained therein."
80. Pursuant to Paragraph 8A of the Sales Agreement, Plaintiff, had the option of
choosing to have an inspection and/or certification completed by a licensed or otherwise
qualified professional concerning the property prior to settlement, but failed to do so.
81. Plaintiffs' alleged injuries were caused by acts or omissions of a person or
persons other than Gaughen.
82. Gaughen substantially complied with all of their duties and obligations under the
law.
83. If Gaughen is found to have made any representations to Plaintiff regarding the
condition of the subject premises, which is expressly denied, Gaughen at no time
misrepresented a material fact.
84. Plaintiff has failed to state a cause of action against Gaughen for which relief
may be granted.
85. Plaintiff has failed to mitigate its damages.
86. Pursuant to Paragraph 30 of the Agreement of Sale, Plaintiff is obligated to
participate in mediation to resolve any dispute and thus Plaintiff's Complaint is prematurely
filed.
76032.110/11100
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87. If Plaintiff establishes that he has suffered injuries and damages as alleged in his
complaint, which allegations Gaughen specifically denies, said injuries and damages were
caused solely by the negligence, recklessness and carelessness of Defendant Seller and/or
Dillsburg Septic & Excavating, by their acts and omissions as described in the proceeding
paragraphs.
88. If, as a result of the matters alleged in Plaintiffs' Complaint, Gaughen is liable
to Plaintiff for all or such injuries or damages as they may have sustained, Defendants Seller
and Dillsburg Septic & Excavating are the parties primarily liable for such injuries and
damages and are liable over to Gaughen by way of contribution or indemnification for all such
damages as may be required paid to Plaintiff.
WHEREFORE, Answering Defendant Jack Gaughen, Inc. t/d/b/a Jack Gaughen
Realtor ERA respectfully requests that this Honorable Court enter judgment in their favor, and
against the Plaintiff, dismiss the Plaintiffs' Complaint with prejudice, and further award
Gaughen all such other relief as is proper and just.
CROSS CLAIM PURSUANT TO PA R.C.P. 2252(d)
DIRECTED TO MARTHA C. WlllTE
AND DILLSBURG SEPTIC & EXCAVATING
89. Incorporation paragraph - no response required.
90. Should Gaughen be found liable to Plaintiffs in any way, Gaughen avers that
any and all liability rising from these allegations is the result of acts and/or omissions made by
Defendants White and/or Dillsburg Septic & Excavating, who are solely liable to the Plaintiff.
Alternatively, Defendant White and/or Dillsburg Septic & Excavating may be jointly and or
severally liable for Plaintiffs injuries and or damages, if any, and accordingly, Gaughen asserts
a claim for contribution from Defendant White and/or Dillsburg Septic & Excavating.
76032.110/11/00
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Date: October \':2..,2000
76032.110/11/00
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Respectfully submitted,
SAUL EWING LLP
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Attorney ID No. 66266
2 North Second Street, 7th Floor
Harrisburg, PA 17101
(717) 238-7675
Attorney for Jack Gaughen, Inc. t/d/b/a
Jack Gaughen Realtor Era, or its successor
in interest
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OCT 04 2000 12:45 FR SERS 717 238 4622
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7172384622 TO 4023~12523~75996 P.17/17
VERIFICATION
I, Karen Stone, hereby verify and confirm that I am authorized to sign this
Verification on behalf of Jack Gaughen, Inc. tld/bla Jack Gaughen Realtor ERA in this action,
and I further acknowledge that I have read the foregoing inStrUmeDt and that the facts stated
therein are true and correct to the best of my knowledge, information and belief.
I understand also that any false statements herein are made subject to the
penalties of 18 Fa. C.S. ~ 4904, relating to unsworn falsification to authorities.
Date: OctoberS, 2000
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Jack Gaughen, Inc.
t/dlb/a Jack Gal.lghen Realtor ERA
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** TOTRL PRGE.17 **
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CERTIFICATE OF SERVICE
I, Paige Macdonald-Matthes, attorney for Defendant Jack Gaughen, Inc. t/d/b/a Jack
Gaughen Realtor ERA, hereby certify that on this l:z..day of October, 2000, I served a true and
correct copy of Answer Together With New Matter And Cross-Claim To Complaint by U.S.
First Class Mail, postage prepaid, addressed as follows:
George T. Cook, Esquire
Blakinger, Byler & Thomas, P.C.
28 Penn Square
Lancaster, PA 17603
Martha C. White
2828 Morningside Drive
Camp Hill, PA 17011
Thomas A. Beckley, Esquire
Thomas S. Beckley, Esquire
Beckley & Madden
212 N. Third St.
P.O. Box 11998
Harrisburg, PA 17108-1998
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Paige Macdonald-Matthes
76032,110111100
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GTC:JAP: 211936.1 (19373.001) 11/21/00
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
CIVIL ACTION - LAW
DAVID MICHAEL WEAVER and
AMY C. WEAVER
No. CI-00-6213
v.
JACK GAUGHEN, INC. tJd/b/a JACK
GAUGHEN REALTOR ERA, MARTHA C.
WHITE, and DILLSBURG SEPTIC &
EXCAVATING a/k/a DILLSBURG SEPTIC,
EXCAVATING & PAVING, INC.
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above matter, including all crossclaims and counterclaims, settled, ended,
discontinued and costs paid.
BL~GER, BYLER & THOMAS, P.C.
By: Lt~~ 4-; ~~
George T. Cook, Esquire
Attorney I.D. #62664
28 Penn Square
Lancaster, P A 17603
(717) 299-11 00
Attorneys for Plaintiffs
BECKLEY & MADDEN
By: -<~~-/~
Thomas S. Beckley, Esquire
Attorney I.D.# 7704 tJ
212 North Third Street
P.O. Box 11998
Harrisburg, P A 171 08-4642
(717) 233-7691
Attorneys for Defendant,
Dillsburg Septic & Excavating, a/k/a
Dillsburg Septic, Excavating & Paving, Inc.
SAUL, EWING, REMICK & SAUL, LLP
By:
Linus E. Fenicle, EsqUire
Attorney I.D.# 20944
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorney for Defendant,
Martha C. White
BY:~~. ~o~~.~~~M
Paige Macdonald-Matthes, Esquire
Attomey I.D.# 66266
2 North Second Street, 70, Floor
Harrisburg, P A 171 0 1-1604
(717) 238-7675
Attorney for Defendant,
Jack Gaughen, Inc., a/k/a
Jack Gaughen Realtor Era
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