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HomeMy WebLinkAbout07-1532CONODOGUINET IN THE COURT OF COMMON PLEAS OF INVESTMENTS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2007- J 53 CIVIL TERM JOSEPH M. THOMPSON and TRACY L. THOMPSON, CIVIL ACTION-LAW husband and wife, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiff, Conodoguinet Investments, LLC, to the Defendants, Joseph M. Thompson and Tracy L. Thompson. Date: a' 1 1 Please serve the Defendants as follows: Joseph M. Thompson 217 Hilltop Road Boiling Springs, Pennsylvania 17007 Tracy L. Thompson 217 Hilltop Road Boiling Springs, Pennsylvania 17007 O'BRIEN, BARIC & SCHERE David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/corporate/conodoguinet/24marshdrive/summons.wrt 0 \1 ?? Q n n ^? C L7 ?° ? Q ? (_ f'? r, ?? ? tTl: ??,-. . N , ?{_, ?: r?- `v .. :? `rs __ ? ? t- . ? .? ?- ? ..? ? t4 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Conodoguinet Investments, LLC Plaintiff Vs. Joseph M. Thompson and Tracy L. Thompson, husband and wife 217 Hilltop Road Boiling Springs, PA 17007 Defendant Court of Common Pleas No 2007-1532 Civil Term In CivilAction-Law To Joseph M. Thompson andTracy L. Thompson, husband and wife, You are hereby notified that Conodoguinet Investments, LLC the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Curtis R. Lon i thonry Date March 21, 2007 By Attorney: David A. Baric, Esq. Name: O'Brien, Baric & Scherer Address: 19 West South Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: (717)249-6873 Supreme Court ID No. 44853 Deputy SHERIFF'S RETURN - REGULAR CAST' NO: 2007-01532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONODOGUINET INVESTMENTS LLC VS THOMPSON JOSEPH M ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon THOMPSON TRACY L the DEFENDANT , at 1854:00 HOURS, on the 23rd day of March 2007 at 217 HILLTOP ROAD BOILING SPRINGS, PA 17007 by handing to JOSEPH THOMPSON HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 -/jb7 , 1 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 00/00/0000 L By: -7 Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE'NO: 2007-01532 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CONODOGUINET INVESTMENTS LLC VS THOMPSON JOSEPH M ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon THOMPSON JOSEPH M the DEFENDANT at 1854:00 HOURS, on the 23rd day of March , 2007 at 217 HILLTOP ROAD BOILING SPRINGS, PA 17007 by handing to JOSEPH THOMPSON a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 Postage .39 y10v16 -7 `M v' 3 3 . 19 Sworn and Subscibed to before me this day of , So Answers: / ,-- R. Thomas Kline 00/00/0000 By. eputy Sheriff A.D. CONODOQUINET INVESTMENTS, LLC, Plaintiff, V. JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1532 CIVIL TERM CIVIL ACTION-LAW 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 CONODOQUINET IN THE COURT OF COMMON PLEAS OF INVESTMENTS, LLC, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 2007-1532 CIVIL TERM V. CIVIL ACTION-LAW JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants. COMPLAINT NOW, comes Plaintiff, Conodoquinet Investments, LLC, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff is a Pennsylvania limited liability company with a principal place of business located at 901 Hillside Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Joseph M. Thompson, is an adult individual with a residence address of 217 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Defendant, Tracy L. Thompson, is an adult individual with a residence address of 217 Hilltop Road, Boiling Springs, Cumberland County, Pennsylvania. 4. On or about, May 2, 2006, Plaintiff and Defendants entered into an Agreement for Sale concerning real property owned by the Defendant known as 24 Marsh Drive, Carlisle, Cumberland County, Pennsylvania. A true and correct copy of the Agreement for Sale is attached hereto as Exhibit "A" and is incorporated by reference. 5. Prior to the execution of the Agreement for Sale, Defendants completed and signed a Real Estate Disclosure form. A true and correct copy of the Real Estate Disclosure form for this matter is attached hereto as Exhibit "B" and is incorporated by reference. 6. On May 25, 3006, a closing was held and the real property was transferred to Plaintiff with the purchase price being $170,000.00. 7. At the closing, Defendants produced and provided a signed and notarized Owner's Affidavit a true and correct copy of which is attached hereto as Exhibit "C" and is incorporated by reference. 8. The Owner's Affidavit provides, in relevant part, as follows: 444. That there has been no work done or notice received that work is to be done, by the Municipality (City, Borough or Township), or at its direction, in connection with the installation of sewer or water or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or sidewalks, or any other municipal work having been done or ordered to be done for which a municipal claim could be filed against the premises;" 9. The Owner's Affidavit was signed by the Defendants when they knew, or reasonably should have known, that the affirmation was false. 10. Defendants made the representation in the Owner's Affidavit with the intent of misleading the Plaintiff into relying upon the representation and the misrepresentations were made wilfully. 11. The Plaintiff was justified in relying upon the representations of the Defendants. 12. Subsequent to closing, Plaintiff received a notice from the solicitor for the South Middleton Township Municipal Authority indicating that legal action would be taken against Plaintiff if it did not immediately take steps to connect the septic for the real property to the sanitary sewer service installed by the Authority. 13. Upon inquiry by Plaintiff, it was discovered that the Defendants had been directed by the Authority to make a connection to the sanitary sewer service within ninety (90) days of letter sent to Defendants by the Authority on June 13, 2005 and the Defendants had failed to make the connection. 14. At no time prior to the closing for the real property did the Defendants disclose to Plaintiff that the Defendants has been ordered and directed to make the connection by the Authority. This nondisclosure was not privileged and the actions of Defendants were intentional concealment calculated to deceive Plaintiff. 15. As a consequence of these actions, the Plaintiff has been required to make the connection all at its cost and expense at a total cost of $7,238.74. COUNT I-MISREPRESENTATION CONODOQUINET INVESTMENTS, LLC v. JOSEPH M. THOMPSON and TRACY L. THOMPSON 16. Plaintiff incorporates paragraphs one through fifteen as though set forth at length. 17. The Defendants failed to disclose the necessity of connecting the real property to the sewer line installed by the Authority. 18. Said failure to disclose was material to the transaction. 19. The Defendants affirmatively misrepresented to the Plaintiff that no work had been ordered to be done which work would include the sewer connection as set forth in the Owner's Affidavit attached as Exhibit "C" hereto. 20. Plaintiff was justified in relying upon the representation of the Defendants that no work had been ordered to be done in the Owner's Affidavit. 21. The affirmative misrepresentation of the Defendants in the Owner's Affidavit was material to the transaction. 22. As a direct and proximate result of the misrepresentation, Plaintiff closed on the transaction without taking into account expenses necessary to make the ordered connection and was required to expend the amount referenced above to make the connection after purchasing the real property. WHEREFORE, Plaintiff requests a judgment in its favor and against Defendants for the sum of $7,238.74, plus interest and costs, punitive damages and attorney fees. COUNT II-NEGLIGENT MISREPRESENTATION CONODOQUINET INVESTMENTS, LLC v. JOSEPH M. THOMPSON and TRACY L. THOMPSON 23. Plaintiff incorporates by reference paragraphs one through twenty-two as though set forth at length. 24. The misrepresentations of Defendants were of material fact to the transaction. 25. The Defendants knew the statements were misrepresentations or made the misrepresentations without knowledge as to their truth or falsity or made the misrepresentations under circumstances in which they ought to have known of their falsity. 26. The Defendants made the misrepresentations intending the Plaintiff to rely and act upon the misrepresentations. 27. The Plaintiff was justified in relying upon the misrepresentations. 28. As a direct and proximate result of the misrepresentations, Plaintiff has incurred damages of $7,238.74 to make the connections. 29. The Defendant's had a duty to Plaintiff not to misrepresent facts material to the transaction. 30. The Defendant's breached this duty to Plaintiff. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for the sum of $7,238.74 plus costs, expenses and interest. COUNT III-BREACH OF CONTRACT CONODOQUINET INVESTMENTS, LLC v. JOSEPH M. THOMPSON and TRACEY L. THOMPSON 31. Plaintiff incorporates by reference paragraphs one through thirty as though set forth at length. 32. The Agreement of Sale executed by the parties included, in relevant part, the following: 12. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (A) Sellers represent, as of Sellers' execution of this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Sellers or anyone on Sellers' behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain uncorrected, and remains uncorrected, unless otherwise specified here: 33. Defendants breached the Agreement of Sale by failing to inform Plaintiff of the notices provided by public authorities relating to the installation of sewer lines and connections for the property. 34. As a direct and proximate result of this breach, Plaintiff's closed on the purchase of the property and were then required to incur the costs and expenses set forth hereinabove. WHEREFORE, Plaintiff requests judgment in its favor and against Defendants for the sum of $7,238.74 plus interest, costs and expenses. Respectfully submitted, RIEN, BARIC & CHERE 1 i - David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/corporate/conodoguinet/24marshdrive/complaint. pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: 'ezq - O -'/- Mary Investments, LLC AGREEMENT FOR THE SALE OF REAL ESTATE THIS AGREEMENT, dated this day of 2006, is by and between Joseph M. Thompson and Tracy L. Thompson ("Seller") and Co odoguinet Investments, LLC ("Buyer"). Sellers hereby agree to sell and convey to Buyer, who hereby agrees to purchase: 2. ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: 24 Marsh Drive, Carlisle, Pennsylvania, for the purchase price of One Hundred Seventy Thousand and 00/100 Dollars ($170,000.00), which shall be paid to Sellers as follows: $2,000.00 at the time of executing this Agreement and the remaining balance at closing. Settlement to be made on or before May 25, 2006. Conveyance from Sellers will be by fee simple deed of special warranty. Payment of transfer taxes will be divided equally between Buyer and Sellers. At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Sellers, reimbursing where applicable: taxes, including County and School; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Sellers will pay up to and including the date of settlement; Buyer will pay for all days following settlement. 4. INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; window covering hardware, shades and blinds; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stated. Also included: Refrigerator in garage to be placed in kitchen by Sellers. Stove from Seller's new house to be installed in this property by Seller EXCLUDED fixtures and items: Refrigerator, stove, large propane gas tank, gas lamp and currently unused furnace located in basement (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are agreed to be of the essence of this Agreement and are binding. (B) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the Buyer and Sellers. EXHIBIT "A" (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: (1) Amount of mortgage loan $125,000.00; (2) Minimum term 15 years; (3) Type of mortgage: fixed. The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified above. (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application for the mortgage terms specified above to a responsible mortgage lender and shall promptly provide notice to Sellers that said mortgage application has been made. Sellers are hereby authorized to communicate with the mortgage lender for the purposes of assisting in the mortgage loan process. (C) Mortgage Commitment Date: If a written commitment is not received by Sellers by May 8, 2006, Buyer and Sellers agree that Sellers are not required to extend the mortgage commitment date; but may elect to do so in Sellers' sole discretion. In the event that Sellers refuse to extend the mortgage commitment date, Sellers shall immediately terminate this Agreement in writing by notice to Buyer. Upon receipt of a mortgage commitment, Buyer shall promptly deliver a copy of the commitment to Sellers. Sellers have the option to terminate this Agreement in writing after the mortgage commitment date if the mortgage commitment (1) is not valid until the date of settlement; or (2) is conditioned upon the sale and settlement of any other property; or (3) contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender within five (5) business days after the mortgage commitment date in the above paragraph. If this Agreement is terminated as specified above, or the mortgage loan is not obtained for settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer shall, however, be responsible for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insurance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. (D) If the mortgage lender requires repairs to the Property, Buyer shall, upon receipt, deliver a copy of the mortgage lender's requirements to Sellers. Sellers will, within five (5) business days of receipt of the mortgage lender's requirements, notify Buyer whether Sellers will make the required repairs at Sellers' expense. (1) If Sellers choose to make the required repairs, Buyer shall accept the Property and agree to the RELEASE set forth in paragraph 22 of this Agreement; (2) If Sellers choose not to make the required repairs, or if Sellers fail to respond within the time given, Buyer will, within five (5) business days, notify Sellers in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and without right of set-off against the purchase price, but with Sellers' permission, which shall not be unreasonably withheld. If Sellers deny Buyer permission to make the required repairs, Buyer may, within five (5) business days of Sellers' denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (E) Sellers Assist. There shall be no Buyer's assistance available from Sellers. (G) Buyer's Acknowledgment of Right to Independent Home Inspection. Buyer herein acknowledges that Buyer has been advised by Sellers of the Right to have an Independent Home Inspection performed. Buyer acknowledges and understands the importance of getting an independent home inspection and has considered this right before signing this Agreement. BUYER UNDERSTANDS THAT SELLERS WILL NOT PERFORM A HOME INSPECTION NOR GUARANTEE THE PRICE OR CONDITION OF THE PROPERTY. 8. (A) If this 8(A) is initialed by Buyer, Buyer has elected to waive the Independent Wood Destroying Insect Inspection Report and hereby agrees to the Release set forth in paragraph 22 of this Agreement. (B) If Buyer does not waive the Independent Wood Destroying Insect Inspection Report, within ten (10) business days of the execution of this Agreement, Buyer, at Buyer's sole expense, will obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all supporting documents and drawings provided by the Pest Control Operator to Sellers. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the Property. (C) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infestation(s), in accordance with applicable laws. Sellers shall have the right to cancel this Agreement should they choose not to treat for active infestation. (D) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's sole expense, has the option to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corrective proposal to Seller within ten (10) days of delivering the original inspection report. (E) Within five (5) days of receiving the structural damage report and corrective proposal, Sellers will advise Buyer whether Sellers will repair, at Sellers' expense and before settlement, any structural damage from active or previous infestation(s). (F) If Sellers choose to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set forth in paragraph 22 of this Agreement. (G) If Sellers choose not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within five (5) days, will notify Sellers in writing of Buyer's choice to: (1) Accept the Property with the defects revealed by the inspection, without abatement of purchase price, and agree to the RELEASE set forth in paragraph 22 of this Agreement; OR (2) Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and without abatement of purchase price, but with Sellers' permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 22 of this Agreement. If Sellers deny Buyer permission to make the repairs, Buyer may, within five (5) days of Sellers' denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID; OR (3) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 9. STATUS OF RADON (A) Sellers represent that Sellers have knowledge concerning the possible presence of radon. X 1. Sellers have no knowledge that the Property was tested for radon or about the methods (e.g., charcoal canister, alpha track, etc.), and/or the results of any such tests conducted: 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD (B) RADON INSPECTION CONTINGENCY x WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 22 of this Agreement. ELECTED. Buyer, at Buyer's sole expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will deliver a copy of the test report to Sellers within fifteen days of the execution of this Agreement. If the test report reveals the presence of radon below 0.02 working levels (4 picocuries/liter), Buyer accepts the Property, without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, within five (5) days of receipt of the test results: a. Accept the Property in writing and, without reduction or abatement of the purchase price, agree to the RELEASE set forth in paragraph 22 of this Agreement, OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase prices will be returned promptly to Buyer and this Agreement will be VOID, OR C. Submit a written, corrective proposal to Sellers. The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests; and a projected completion date for corrective measures. (1) Within five (5) days of receiving the corrective proposal, Sellers will: (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property, without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement, OR (b) Not agree to the terms of the corrective proposal. (2) Should Sellers not agree to the terms of the corrective proposal or if Sellers fail to respond within the time given, Buyer will, within five (5) days, elect to: (a) Accept the Property in writing, without reduction or abatement of the purchase price, and agree to the RELEASE set forth in paragraph 22 of this Agreement, OR (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 10. STATUS OF WATER (A) Seller represents that the Property is served by: Public Water x On Site Well (B) The Buyer agrees to pay for well inspection. If said report indicates the necessity or desirability of any treatment or repairs, then the Seller shall have the option of making the required treatment or repairs or terminating this Agreement. 11. STATUS OF SEWER (A) Seller represents that the Property is served by: Public Sewer x On Site Septic (B) The Buyer agrees to pay for septic inspection. If said report indicates the necessity or desirability of any treatment or repairs, then the Seller shall have the option of making the required treatment or repairs or terminating this Agreement. 12. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (A) Sellers represent, as of Sellers' execution of this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Sellers or anyone on Sellers' behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain uncorrected, and that Sellers know of no condition that would constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here: (B) Seller knows of no other potential notices (including violations) and assessments except as follows: (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Sellers will notify Buyer in writing, within five (5) days of receiving the notice or assessment, that Sellers will: Comply with notices and assessments at Sellers' expense, in which case Buyer accepts the Property, without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement, OR Not comply with notices and assessments at Seller's expense. 3. If Sellers choose not to comply with notices and assessments, or fails within the time given to notify Buyer if Sellers will comply, Buyer will notify Sellers within five (5) days in writing that Buyer will either: a. Comply with notices and assessments at Buyer's sole expense and agree to the RELEASE set forth in paragraph 22 of this Agreement, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. If Buyer fails to notify Sellers within the time given, Buyer accepts the Property, without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement. D. If required by law, within ten (10) days of the execution of this Agreement Seller will order for delivery to Buyer, on or before settlement: 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances, AND/OR 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of the certificate, Sellers will, within five (5) days of Sellers' receipt of the requirements, notify Buyer of the requirements and whether Sellers will make the required repairs/improvements at Sellers' expense. If Sellers choose to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement. If Sellers choose not to make the required repairs/improvements, Buyer will, within five (5) days, notify Sellers in writing of Buyer's choice to terminate this Agreement OR make the repairs/improvements at Buyer's expense, without reduction or abatement of the purchase price, and with Sellers' permission, which will not be unreasonably withheld. If Sellers deny Buyer permission to make the require repairs or if Sellers fail to respond within the time given, Buyer may, within five (5) days, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 13. TITLE, SURVEYS & COSTS (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record and land use restrictions pursuant to property enrollment in a preferential tax program, if any, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. (B) Buyer shall pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate legal description of the Property (or the correction thereof) will be secured and paid for by Sellers. Any survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. (D) In the event Sellers are unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, as specified above, Buyer will have the option o£ (1) taking such title as Sellers can give with no change to the purchase price; or (2) being repaid all monies paid by Buyer to Sellers on account of purchase price. Sellers shall not reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement. Upon return of the monies paid by Buyer on account of the purchase price, there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 14. ZONING CLASSIFICATION The Property is zoned commercial. Zoning Classification: ELECTED. Within five (5) days of the execution of this Agreement, Buyer will verify that the existing use of the Property as Residential is permitted. In the event the use is not permitted, Buyer will, within the time give for verification, notify Sellers in writing that the existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer. BUYER'S FAILURE TO RESPOND WITHIN THE TIME GIVEN WILL CONSTITUTE A WAIVER OF THIS CONTINGENCY AND ALL OTHER TERMS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. 15. POSSESSION (A) Possession is to be delivered by deed, keys and: Physical possession to vacant Property free of debris, with all structures broom- clean, at day and time of settlement. 16. RECORDING. This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 17. ASSIGNMENT. This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this Agreement without the written consent of Seller. 18. DEPOSIT AND RECOVERY FUND. Deposits, regardless of the form of payment and the person designed as payee, shall be paid to Attorney for Sellers who shall retain them in a non- interest bearing escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. In the event of litigation for the return of deposit monies, Attorney for Sellers will distribute the monies pursuant to a final order of court or the written agreement of the parties. Buyer and Sellers agree that, in the event Attorney for Sellers herein is joined in litigation for the return of deposit monies, the attorneys fees and costs of Attorney for Sellers will be paid by the partyjoining the Attorney for Sellers. 19. CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE Applicable x Not Applicable 20. MAINTENANCE & RISK OF LOSS (A) Sellers will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. (B) In the event any system or appliance included in the sale of the Property fails and Sellers do not repair or replace the item, Sellers will promptly notify Buyer in writing of Sellers' choice to: Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). IN each case, Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 22 of this Agreement, OR 2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or appliance. If Sellers do not repair, replace, or offer a credit for the failed system or appliance, or if Seller fails to notify Buyer of Sellers' choice, Buyer will notify Sellers in writing within five (5) days or before settlement, whichever is sooner, that Buyer will: a. Accept the Property, without reduction or abatement of the purchase price, and agree to the RELEASE set forth in paragraph 22 of this Agreement, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (C) Sellers will bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any property included in this sale that is not repaired prior to settlement, Buyer will have the option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the Property in its then-condition together with the proceeds of any insurance recovery obtainable by Sellers. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement. 21. WAIVER OF CONTINGENCIES. If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's options within the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property, without reduction or abatement of the purchase price, and agrees to the RELEASE set forth in paragraph 22 of this Agreement. 22. RELEASE. Buyer hereby releases, quit claims, and forever discharges SELLERS, and/or Sellers' Agent, representative, employees, heirs, assigns, and successors, or any one of them and any other PERSON, FIRM, or CORPORATION 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 consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, or any defects in the individual, on lot sewage disposal system or deficiencies in the disposal system or deficiencies in the on site water service system or any defects or conditions on the Property. This release will survive settlement. 23. REPRESENTATIONS. (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Sellers and/or Sellers' agents, representatives, employees, heirs, assigns and successors, are not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is further understood that this Agreement contains the whole agreement between Sellers and Buyer and there are no other terms, obligations, covenants, representations, statements, or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless otherwise stated in this Agreement. (C) Any repairs required by this Agreement will be completed in a workmanlike manner. (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 24. DEFAULT. Should the Sellers fail or refuse to convey as herein before provided, the Buyer shall be entitled to the return of their deposit or escrowed monies paid by Buyer and shall be entitled to the reimbursement of all monies paid by Buyer that were required under this Agreement of Sale in which event this Agreement of Sale shall become null and void and both parties release of all further liability hereunder. In the event of default of Buyer, Sellers shall be limited to retaining the deposit money and shall be entitled to reimbursement of all monies paid by Seller that were required under this Agreement of Sale in which event this Agreement of Sale shall become null and void and both parties released of all further liability hereunder. 25. MEDIATION. There is no agreement between Buyer and Sellers to mediate any dispute under this Agreement. 26. SPECIAL CLAUSES. (A) Sellers' Disclosure Statement is made a part of this Agreement as Addendum A. (B) Seller will be responsible for the removal of any cars, car parts, motor oil and fuel oil which currently exist or may exist on the property prior to settlement. (C) Sellers must remove the following items from the property prior to closing: dog run, basement partitions and all other personalty except excess siding, stone for exterior wall and patio block from the property. Buyer reserves the right to perform a final walkthrough of the property to confirm completion of the removal. (D) Per Buyer's request, Seller has removed the treehouse, gas tank and outdoor gas light. Buyer has inspected and approved these removals. 27. BROKERS. Both parties hereby acknowledge that there are no broker fees or commissions in connection with this transaction and each party agrees to hereby indemnify and hold harmless the other with respect to the same. This indemnification shall survive the Date of Closing or termination hereof. Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. Certification. We the undersigned, Seller(s) and Buyer(s), Parties to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these Parties in connection with this transaction is attached to this Agreement. (THIS SPACE INTENTIONALLY LEFT BLANK) NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. BUYER'S MAILING ADDRESS: F a a e!8 1. -76 BUYER'S CONTACT NUMBER(S): 6.0 ?j (o -7 Witness J Y-ad, A Buy r SSN: Date: Witness SELLER'S MAILING ADDRESS: SELLERS' S CONTACT NUMBER(S): Witness Witness Buyer SSN: Date: .3 a - O 6 S er SSN: Date: S- L - P?. L Seller SSN: Date: 5' Z - n? SELLER'S PROPERTY DISCLOSURE STATEMENT Property Address: LA MOf?,A) OIL V6FA-4SUS Seller. ?-90d M A Seller must disclose to a Buyer all known material defects about property being sold that are not readily observable. This disclosure statement is designated to assist Seller in complying with disclosure requirements and to assist Buyer in evaluatii the property being considered. 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 any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind b) Seller or a warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. _ Buyer is encouraged to address concerns about the conditions of the property that may not be included in this Statement. This Statemerr does not relieve Seller of the obligation to disclose a material defect that may not be addressed on this form. 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 residential real property or that involves an unreasonable risk to people on the land. 1. Seller's Expertise Seller does not possess expertise in contracting, engineering, architecture, or other areas related to construction and conditions of the property and its improvements, except as follows: 2. Occupancy (a) (b) 3. Roof Do you, Seller, currently occupy this property? If "no," when did you last occupy the property? Have there been any pets living in the house o If "yes," describe: ] GAT'S l q1- ZO! ,)(Yes ? No (a) Date roof installed: 1% Documented? ? Yes ? No (b) Has the roof been replaced or repaired during your ownership? ? Yes )( No (c) If "yes," were the existing shingles removed? ? Yes ? No ? Unknown (d) Has the roof ever leaked during your ownership? ? Yes 0( No (e) Do you know of any problems with the roof, gutters or dovxnspouts? ? Yes K No Exklain any "yes" answers that you give in this section: CC - - • - - 4. Basements and Crawl Spaces (complete only if applicable) (a) Does the property have a sump pump? ? Yes X No ? Unknown (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? N Yes ? No If "yes," describe in detail: Co4/4Cnisn??1 A ".?,,n 'TA,4c - S EU? l? ?S1c?M1? 14itgL- (c) Do you know of any repairs or other attempts to control any water or dampness problem in the basemen or crawl space? 4w Yes ? No If " es," desccrri?bp the location, extent, date and name of the person who did the repair or control effort: _ Ye.5v,an Pr "239, ya?F,?,,- (3Dscn - 10461L -1- EXHIBIT "B" 5. Termites/Wood-Destroving Insects, Drvrot, Pests (a) Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property? ? Yes ¢ No (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? ? Yes gkNo (c) Is your property currently under any contract by a licensed pest control company? ? Yes ?K No (d) Are you aware of any termite/pest control reports or treatments for the property in the past five years? ? Yes ?No Explain any "yes" answers that you give in this section, including the name of any service/treatment provider, if applicable: 6. Structural Items (a) Are you aware of any past or present water leakage in the house or other structures? ? Yes )k No (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other structural components? ? Yes YA No (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property? gYes ? No (d) Is your property constructed with an Exterior Insulating Finishing System (EIFS), such as drivit or synthetic stucco? ? Yes KNo ? Unknown If "yes," describe any known problems: (e) Are there any defects in flooring, including stains? ? Yes IX No If "yes," explain: Explain any "yes" answers you give in this section. When explaining reports to control or repair, please describe the location and extent of the problem, and the date and person by whom the work was done, if known: 6LpA.rr _s C ,fp nw ASS 'N Atai 36 pwn,a? 7. Additions/Remodels. Have you made any additions, structural changes, or other alterations to the property? ,(Yes ? No If "yes," describe: Ci kM1_r W A- &-000-oN? T r ,Lnnc;,? 8J h pSt,c 8. Water and Sewage (a) What is the source of your drinking water? ? Public Water V On-Site Water (Well on Property) ? Community Water ? None ? Other (explain): (b) If your drinking water source is not public: When was your water last tested? L_ What was the result of the test? Q L. Is the pumping system in working order? )(Yes ? No If "no," explain: (c) Do you have a softener, filter, or other purification system? ? Yes ,XNo If "yes,", is the system ? Leased ? Owned (d) What is the type of sewage system? ? Public Sewer Individual On-lot Sewage Disposal System ? Individual On-lot Sewage Disposal System in Proximity to well ? Community Sewage Disposal System ? Ten-acre Permit Exemption ? Holding Tank ? None ? None Available/Permit Limitations in Effect If Individual On-lot, what type? ? Cesspool ? Drainfield ? Unknown ? Other (specify): -2- 9. 10. 11 Is there aseptic tank on the Property? 11Yes o No ? Unknown If "yes," what is the type of tank? ? Metal/Steel q(Cement/concrete ? Fiberglass ? Unknown Other (specify): Other type of sewage system (explain): (e) When was the on-site sewage disposal system last serviced? ZOO 1 (f) Is there a sewage pump? ? Yes YNo If "yes," is it in working order? o Yes o No (g) Is either the water or sewage system shared? ? Yes JKNo 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? ? Yes '5t No If "yes," explain: Plumbing System (a) Type of plumbing: ( Copper ? Galvanized o Lead XPVC ? Unknown o Other (explain): (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bathroom fixtures; wet bars; hot water heater; etc.)? ? Yes V No If "yes," explain: Heating and Air Conditioning (a) Type of air conditioning: ? Central Electric ? Central Gas ? Wall 'None Number of window units included in sale 0 Location .(b) List any areas of the house that are not air conditioned: (c) Type of heating: X Electric o Fuel Oil ? Natural Gas Are there wood or coal burning stoves? o Yes XNo If "yes," Are they working ? Yes ? No Are there any fireplaces? KYes ? No if "yes," how many? If Other types of heating systems (explain): 1X Propane (On-site) how many - Are they working? )'Yes ? No (d) Are there any chimneys? (Yes ? No if "yes," how many? Z Are they working? PtYes ? No When were they last cleaned? Kl oucg, (e) List any areas of the house that are not heated: _nT (f) Type of water heating: k Electric )?- Gas ? Solar ? Other: (g) Are you aware of any underground fuel tanks on the property? ? Yes ?Oo If "yes," describe: If tanks are not owned, explain: (h) Are you aware of any problems with any item in this section? o Yes txNo If "yes," explain: Electrical System. Are you aware of any problems or repairs needed in t " " he electrical system? o Yes No If yes, explain: -3- 12. Other Equipment and Appliances Included in Sale (Complete only if applicable) Equipment and appliances ultimately included in the sale will be determined by negotiation and according to the terms of the Agreement of Sale. (a) Electric Garage Door Opener No. of Transmitters (b) Smoke Detectors How many? Location (c) ? Security Alarm System ? Owned ? Leased o Leased Information: (d) ? Lawn Sprinkler No. ? Automatic Timer (e) ? Swimming Pool ? Pool Heater ? Spa/Hot Tub o Pool/Spa Equipment (list): (f) N Refrigerator o Range q(Microwave Oven )(Dishwasher o Trash Compactor o Garbage Disposal (g) o Washer ? Dryer (h) ? Intercom (i) Ceiling fans No. _S Location LI y,ndi Aoo r, 00 M L_r n- wa•J. 6i f As (j) ? Other: Are any items in this section in need of repair or replacement? ? Yes &No o Unknown If "yes," explain: 13. Land (Soils. Drainage and Boundaries (a) Are you aware of any fill or expansive soil on the property? o Yes No (b) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have occurred on or affect the property? ? Yes k No Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsidence Insurance Fund, 3913 Washington Road, McMurry, Pennsylvania 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100 (outside Pennsylvania). (c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? o Yes %No (d) To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? ? Yes) f No (e) Do you know of any past or present drainage or flooding problems affecting the property ? Yes X No (f) Do you know of any encroachments, boundary line disputes or easements? ? Yes ?No Note to Buyer. Most properties have easements running across them for utility services a d other reasons. In many cases, the easements do no restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to determine the existence of easements and restrictions by examining the property 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. (g) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? ? Yes kNo Explain any "yes" answers that you give in this section: 14. Hazardous Substances (a) Are you aware of any underground tanks (other than fuel tanks) or hazardous substances present on the property (structure or soil) such as, but not limited to, asbestos, Polychlorinated biphenyls (PCBs). Ureaformaldehyde Foam Insulation (UFFI), etc.? ? Yes KNo (b) To your knowledge, has the property been tested for any hazardous substances? ? Yes ? No -4- (c) Do you know of any other environmental concerns that might impact upon the property? ? Yes KNo Explain any "yes" answers that you give in this section: (d) Do you know of any tests for radon gas that have been performed in any buildings on the property? ? Yes kNo If "yes," list date, type and results of all tests below: DATE TYPE OF TEST RESULTS (picocuriesAiter or working levels) NAME OF TESTING SERVICE (e) Are you aware of any radon removal system on the property? If "yes," list date installed and type of system, and whether it is in working order below: DATE INSTALLED TYPE OF SYSTEM PROVIDER WORKING ORDER ? Yes ? No a Yes ? No ? Yes ? 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? ? Yes ? No If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: (g) If property was constructed, or if construction began before 1978, you must disclose any reports or records of lead-based paint or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based paint hazards on the property? ? Yes ? No If "yes," list all available reports and records: 15. 16. Condominiums and Other Homeowner Associations (Complete only if applicable) Type: ? Condominium ? Cooperative ? Homeowner Association or Planned Community Other: Notice regarding Condominiums, Cooperatives and Planned Communities: According to Section 3407 of the Uniform Condominium Act j(68 Pa. C. S. § 3407 (relating to resale of units) and 68 Pa. C. S. § (relating to resale of cooperative interests)] and Section 5407 of the Uniform Planned Community Act [68 Pa. C. S. § 5407 (relating to resale of units)], a buyer of a resale unit in a condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the bylaws, the rules or regulations, and a certificate of resale issued by the association in the condominium, cooperative or planned community. The Buyer will have the option of canceling the agreement with the return of all deposit monies until the certificate has been provided to the Buyer and for five days thereafter or until conveyance, whichever occurs first. Miscellaneous (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? ? Yes P(No (b) Are you aware of any existing or threatened legal action affecting the property? ? Yes )(No -5- (c) Do you know of any violations of federal, state or local laws or regulations relating to this property? ? Yes I?kNo (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? ? Yes ? No (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obligation, or other debt against the property that cannot be satisfied by the proceeds of this sale? o Yes tK No (f) 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 property? o Yes )a( No (g) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? o Yes ;(No 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 residential real property or that involves an unreasonable risk to people on the land. Explain any "yes" answers that you give in this section: THE UNDERSIGNED SELLER REPRESENTS THAT THE INFORMATION SET FORTH IN THIS DISCLOSURE STATEMENT IS ACCURATE AND COMPLETE TO THE BEST OF SELLER'S KNOWLEDGE. SELLER HEREBY AUTHORIZES THE AGENT FOIZ3E!?LER TO PROVIDE THIS INFORMATION TO PROSPECTIVE BUYERS OF THE PROPERTY AND TO OTHER REAL ESTATE AGENTS. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THIS STATEMENT AND AGREES TO NOTIFY AGENT FOR SELLER IMMEDIATELY IN WRITING IF ANY INFORMATION SET FORTH IN THIS DISCLOSURE STATEMENT CHANGES IN ANY WAY. SELLER AGREES TO HOLD AGENT(S) HAR Lr-zS FROM ANY AND ALL CLAIMS ARISING OUT OF SELLER'S FAILURE TO PROPERLY DISCLOSE ANY OONDITION. WITNESS: SELLER: L E: ly, WITNESS: SELLER: _DATE: EXECUTOR, ADMINISTRATION, TRUSTEE SIGNATURE BLOCK According to the provisions of the "Real Estate Seller Disclosure Act," the undersigned executor, administrator or trustee is not required to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known material defect(s) of the property. Date: RECEIPT AND ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED BUYER ACKNOWLEDGES RECEIPT OF THIS DISCLOSURE STATEMENT. BUYER ACKNOWLEDGES THIS STATEMENT IS NOT A WARRANTY AND UNLESS STATED OTHERWISE IN THE AGREEMENT OF SALE, BUYER IS PURCHASING THIS PROPERTY IN ITS PRESENT CONDITION. IT IS BUYER'S RESPONSIBILITY TO SATISFY HIMSELF OR HERSELF AS TO THE CONDITIONS OF THE PROPERTY. BUYER MAY REQUEST THAT THE PROPERTY BE INSPECTED, AT BUYER'S EXPENSE AND BY QUALIFIED PROFESSIONALS, TO DETERMINE THE CONDITION OF THE STRUCTURE OR ITS COMPONENTS. WITNESS: BUYER: DATE: WITNESS: BUYER: DATE: -6- dun 27 07 08:46p Waymaker (717) 245-9277 p.3 I SALZMANN HUGHES, P. C. OWNER'S AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF BE IT KNOWN that on this, the day of May, 2006 before me, the subscriber, a Notary Public in and for the above Commonwealth and County duly commissioned, personally appeared the undersigned, who, being duly sworn according to law, depose(s) and say(s) 1. That JOSEPH M. THOMPSON AND TRACY L. THOMPSON, is/are the owner(s) of the premises located, 24 Marsh Drive, Carlisle, South Middleton Township, Cumberland County, and is/are the same person(s) as the Grantee(s) in Deed Book , Page , and the facts relating to any other person(s) named in the said Deed Book are true and correct; 2. That there are no liens or encumbrances (Mortgages, Deeds of Trust, Judgments, Tax Liens, Mechanics' Liens, Easements, Notes, Pending Suits, Bankruptcies, etc.) known to the undersigned which are not being properly provided for in this transaction; 3. That there have been no repairs, additions or improvements made, ordered or contracted to be made on or to the premises, within four (4) months from the date hereof, nor are there any appliances or fixtures attached to said premises which have not been paid for in full, and that there are no outstanding or disputed claims for any such work or item; 4. That there has been no work done or notice received that work is to be done, by the Municipality (City, Borough or Township), or at its direction, in connection with the installation of sewer or water or for improvements such as paving or repaving of streets or alleys, or the installation of curbs or sidewalks, or any other municipal work having been done or ordered to be done for which a municipal claim could be filed against the said premises; 5. That there are no openings in any of the party walls; EXHIBIT "C" Jun 27 07 08:46p Waymaker (717) 245-9277 p,4 6. That no notice has been served by any governmental authority for the removal or abatement of any nuisance, for the violation of any zoning regulation . of concerning the condemnation of any portion of said premises; 7. That there has been no violation of any restrictions affecting the premises and that there are no disputes with any adjoining property owners as to the location of property lines or the encroachment of any improvements; 8. That there are no purchase money obligations being created in the transfer (secondary financing); 9. That the Grantor(s)/Mortgagors(s) in this transaction is/are in actual possession of the entire premises, and there are no unrecorded leases or agreements or adverse occupancy claim(s) or any other adverse claim of title affecting the premises in question; 10. That no fixtures, material or equipment have been placed in premises during his/her/their its ownership which have not been paid for in full; 11. That the present transaction is bona fide and for present fair consideration and is not made for the purpose of hindering, delaying or defrauding any creditors of said owner(s) and does not come within the provisions of the Bankruptcy or Insolvency Acts (or any amendments thereof); 12. That the said Deponent(s) has/have not been divorced and that there are no divorce proceedings pending in any jurisdiction between the undersigned; 13. That the said Deponents(s) is/are of full legal age (over 18 years of age) and sui juris; 14. Deponent(s) do further aver that they have not received any notice of any interim tax assessments nor bills for the same; 15. There has been no violation of restrictions affecting the premises; 16. That all real estate taxes assessed upon said premises have been paid in full to and including the 2005-06 School Taxes and the 2006 County/Borough/Township Taxes and water and sewer rent as of the date hereof; 2 . . Jun 27 07 08:47p Waymakar (717) 245-9277 P.5 17. That the said Deponent(s) in this transaction are in every respect competent to convey or encumber the title to the premises in question; 18. Deponent(s) warrant(s) that to the best of his/her/their knowledge, information and belief no toxic waste or hazardous materials have been deposited on the premises which warranty shall survive settlement. Deponent(s) further represent(s) and warrant(s) that the within premises has not been designated as a wetland area by any agency of the United States Government which warranty shall survive settlement; 19. Deponent(s) have/has no obligation of support over Thirty (30) days in arrears which could constitute a lien on the insured premises; 20. No support arrearages are due or owing from either of the undersigned to any party in any jurisdiction; 21. That as to each Gran tor/A-Mortgagor who is an individual: A. If presently married, that he/she is neither separated from his/her spouse nor a party to any pending divorce proceeding in any jurisdiction. B. That any interest in the premises has never been awarded or distributed to or liened in favor of any current or former spouse nor is his/her interest in the premises subject to the continuing jurisdiction of any court for support obligations or possible future awards or distributions to any current or former spouse; and 22. That as to each Grantor/Mortgagor who is a Corporation or a Partnership: A. That the premises in question do not constitute 51% or more of the real estate of said corporation in Pennsylvania. B. That there are no corporate taxes due the Commonwealth of Pennsylvania by said corporation. C. That all parties signatory to documents in this transaction are duly authorized to execute same on behalf of the Corporation and/or the Partnership. D. That the Corporation and/or the Partnership has been duly formed according to the laws of its incorporation or formation and is in good standing. E. That no stockholder consent is required by the Corporation, nor limited partner(s) consent required by the Partnership to this transaction. 3 Jun 27 07 08:47p Waymaker [7173 245-9277 p.6 This Affidavit is made for the purpose of enabling SALZMANN HUGHES, P.C., its duly authorized agent, or any title insurance company insuring title to the above premises, to remove certain title objections and Deponent(s) aver(s) the foregoing statements are true and correct to the best of his/her/their knowledge, information and belief. Sworn and subscribed before me on the day and year aforesaid. i (SEAL) Notaral Se Notary Kandy L. Coyle. Notary Pu +c PTO EPH M. THO ON Carlisle Boro, Cumberland Coun My Commission Expires Jut;: ?. 24J6 Nemt er, Penr.<ytva,:i? p?c Iaf n rlf _ _ n.es - (SEAL) Notary- TRA L. TROMP ON Notarial Seal Kandy L. Cnvla Notary Public Carlisle Boro r;?:;-' ,!ard County My Comms:.; or suty 3, 2006 ttl8mber. P2r-?s,•ha?,.. ?n ? anon 0(Notanes 4 4?` ra "i'1 - - "'' ._? _..., ?. - __ 1 i::= ? G` _. ?. - ,. ,t;; ` i_,. ?:._.? ?' ='^= James D. Hughes, Esquire Attorney ID # 58884 Scott B. Granger, Esquire Attorney ID # 63641 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Defendants, Thompsons CONODOQUINET INVESTMENTS, IN THE COURT OF COMMON PLEAS LLC, OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. : NO: 2007-1532 CIVIL JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants CIVIL ACTION - LAW ANSWER AND NOW, comes the Defendants, Joseph M. Thompson and Tracy L. Thompson, husband and wife, by and through their attorneys, SALZMANN HUGHES, P.C., and files this ANSWER to the Plaintiff s Complaint and avers as follows: 1. Admitted upon information and believe. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. It is admitted that a closing was held on May 25th, and that the subject property was transferred to the Plaintiff at the purchase price of $170,000.00. It is specifically denied that the closing took place in the year 3006. To the contrary, the closing took place in the year 2006. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that the Owner's Affidavit contains Paragraph 4 pertaining to notices issued by Municipalities. To the extent that this paragraph attempts to paraphrase the Owner's Affidavit it is denied. As a written document, the Owner's Affidavit speaks for itself and must be read in the context of the entire document. 9. Denied. It is specifically denied that the Owner's Affidavit was signed by the Defendants when the Defendants knew or reasonably should have known, that the affirmation was false. To the contrary, the Defendants signed the Owner's Affidavit at a time when the Municipality had verbally agreed that the Municipality would not require the Defendants to connect the existing structure to the new sanitary sewer main. 10. Denied. It is specifically denied that the Defendants made any representations in the Owner's Affidavit with the intent of misleading the Plaintiff into relying upon the representations. It is also specifically denied that there were misrepresentations made in the Owner's Affidavit. Furthermore, it is specifically denied that the Defendants made any willful misrepresentations whatsoever. To the contrary, the Plaintiff knew or should have known that the Municipality had installed a new sanitary sewer main along the roadway in front of the subject property. Also the Plaintiff knew or should have known that the Municipality had informed the Defendants that it would not be necessary for the Defendants to connect the existing structure to the new sanitary sewer main. 11. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil 2 Procedure and the same are therefore denied. By way of further response, the Defendant incorporates its responses to paragraphs 9 and 10 above, and 13 and 14 below, by reference as if fully set forth. 12. Denied. It is specifically denied that the Defendants received a notice from the Solicitor for the South Middleton Township Municipal Authority indicating that legal action would be taken against Defendants if it did not immediately take steps to connect the septic for the real property to the sanitary sewer service installed by the Authority. Furthermore, after a reasonable investigation, the Defendants are without sufficient information or knowledge to either admit or deny the allegations in this paragraph and they are therefore denied. Strict proof thereof is demanded at time of trial. By way of further response, the Defendant incorporates its responses to paragraphs 9 and 10 above, and paragraphs 13 and 14 below, by reference as if fully set forth. 13. Admitted in part, denied in part. It is admitted that the Defendants received the subject letter from the Authority on June 13, 2005. It is specifically denied that the Authority ever attempted to enforce the terms of the letter. To the contrary, the subject property was sold on May 25, 2006. The Authority took no action to enforce the terms of the June 13, 2005 letter for almost an entire year because the Defendants and the Authority had reached an agreement that it would not be necessary to connect the existing structure to the new sewer main. But rather, the Municipal Authority instructed the Defendants to pay the Tapping Fee ($4,600.00), and to begin paying the quarterly minimum water ($35.00) and sewer ($66.00) bills. The Defendants paid the Tapping Fee and began paying the quarterly minimum water and sewer bills, and the Municipal Authority verbally agreed to not enforce the terms of the June 13, 2005 letter pending the sale of the subject. Furthermore, the Plaintiff knew or should 3 have known all of the above. See also, the Defendants' responses to paragraphs 9,10 and 12 above, and paragraph 14 below, by reference as if fully set forth. 14. Denied. It is specifically denied that the Defendants did not disclose to the Plaintiff that the Defendants received the June 13, 2005 letter containing the Municipal Authority's Notice to connect to the new sewer main. To the contrary, the Plaintiff told the Defendants that the Plaintiff received the same June 13, 2005 letter at two of the Plaintiff's adjacent properties. By way of further response, to the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, it is specifically denied that any of the actions of the Defendants were acts of intentional concealment calculated to deceive the Plaintiff. By way of further response, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, and 13 above by reference as if fully set forth. 15. Denied. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further response, the averment of special damages in this paragraph lacks sufficient specificity to apprise the Defendants of the issues to be litigated, to allow them to adequately prepare and assert defenses to Plaintiff s allegations, and/or to identify and join any potentially responsible parties as additional defendants, all in violation of Pa. R.C.P. 1019(f). 16. Incorporation paragraph, no response required. 4 17. Denied. It is specifically denied that the Defendants failed to disclose the necessity of connecting the real property to the sewer line installed by the Authority. To the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 18. Denied. It is specifically denied that there was any failure to disclose. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further response, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 19. Denied. It is specifically denied that the Defendants made any affirmative misrepresentations to the Plaintiff. To the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 20. Denied. It is specifically denied that the Defendants made a representation that "no work had been ordered to be done." Furthermore, to the extent that this paragraph attempts to paraphrase the Owner's Affidavit, it is denied. As a written document, the Owner's Affidavit speaks for itself and must be read in the context of the entire document. Additionally, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further response, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 5 21. Denied. It is specifically denied that the Defendants made any affirmative misrepresentations. Furthermore, to the extent that this paragraph attempts to paraphrase the Owner's Affidavit it is denied. As a written document, the Owner's Affidavit speaks for itself and must be read in the context of the entire document. Additionally, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. By way of further response, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 22. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied. Finally, the averment of special damages in this paragraph lacks sufficient specificity to apprise the Defendants of the issues to be litigated, to allow them to adequately prepare and assert defenses to Plaintiff's allegations, and/or to identify and join any potentially responsible parties as additional defendants, all in violation of Pa. R.C.P. 1019(f). WHEREFORE, the Defendants respectfully request that this Court dismiss the Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and award 6 the Defendants monetary damages that include costs, attorney's fees, interest, and punitive damages, and any other remedy as this Court deems just. 23. Incorporation paragraph, no response required. 24. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 25. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 26. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 27. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph 7 are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 28. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied. Finally, the averment of special damages in this paragraph lacks sufficient specificity to apprise the Defendants of the issues to be litigated, to allow them to adequately prepare and assert defenses to Plaintiff's allegations, and/or to identify and join any potentially responsible parties as additional defendants, all in violation of Pa. R.C.P. 1019(f). 29. Denied. It is specifically denied that the Defendants made any misrepresentations. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 30. Denied. To the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. WHEREFORE, the Defendants respectfully request that this Court dismiss the Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and award the Defendants monetary damages that include costs, attorney's fees, interest, and punitive damages, and any other remedy as this Court deems just. 31. Incorporation paragraph, no response required. 32. Admitted in part, denied in part. It is admitted that the Agreement of Sale contains Paragraph 12 pertaining to notices, assessments and certificates of occupancy. To the extent that this paragraph attempts to paraphrase the Agreement of Sale it is denied. As a written document, the Agreement of Sale speaks for itself and must be read in the context of the entire document. 33. Denied. It is specifically denied that the Defendants failed to inform the Plaintiff of notices provided by public authorities relating to the installation of sewer lines and connections for the property. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. 34. Denied. It is specifically denied that the Defendants breached any duty owed to the Plaintiff. Furthermore, to the extent that the averments contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil 9 Procedure and the same are therefore denied. Additionally, and to the contrary, the Defendants incorporate the Defendants responses to paragraphs 9, 10, 12, 13 and 14 above by reference as if fully set forth. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied. Finally, the averment of special damages in this paragraph lacks sufficient specificity to apprise the Defendants of the issues to be litigated, to allow them to adequately prepare and assert defenses to Plaintiff's allegations, and/or to identify and join any potentially responsible parties as additional defendants, all in violation of Pa. R.C.P. 1019(f). WHEREFORE, the Defendants respectfully request that this Court dismiss the Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and award the Defendants monetary damages that include costs, attorney's fees, interest, and punitive damages, and any other remedy as this Court deems just. Respectfully Submitted, SALZMANN HUGHES, P.C. aes D RugKs, Esqui Attev ID # 58884 Scott $. Granger, Esquire Attorney ID # 63641 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Dated: ZS-,*74V7 Attorneys for Defendants, Thompsons 10 CONODOQUINET INVESTMENTS, LLC, Plaintiff vs. JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2007-1532 CIVIL CIVIL ACTION - LAW VERIFICATION I, Joseph M. Thompson, Defendant, hereby certify that the facts set forth in the foregoing ANSWER are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: IQ-2 S - 0 -7 J seph M. Thompson CERTIFICATE OF SERVICE AND NOW, this 25th day of October, 2007, I, Scott B. Granger, Esquire, hereby certify that I served a copy of the within ANSWER this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Conodoquinet Investments C/o David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff D. , Esquire I. D. No. 58884 Scott B: Granger, Esquire Attorney I.D. No. 63641 SALZMANN HUGHES, PC 354 Alexander Spring Road Carlisle, PA 17015 (717) 249-6333 Attorneys for Defendants Joe and Tracy Thompson a ra -tjQj C.r u t ; ?t t t?i?'. . G CONODOQUINET INVESTMENTS, LLC, Plaintiff VS. JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1532 CIVIL 20 CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Baric counsel for the plaintiffl OV"tc in the above action (or actions), respectfully represents that: 1. The above-captioned action ?iixoficm* is (mx) at issue. 2. The claim of plaintiff in the action is $ 8,659.99 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit asarbitrators: David A. Baric, Esq., James Hughes, Esq., Scott Granger, Esq. , Ralph Godfrey, Esq., Donna Godfrey, Esq., Salzmann Hughes, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. tfu4ly sub ed, Z IpsRe 1, 1, David A. Baric, Esquire ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. , 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY 4A 77 C ? A : ?v 1 CONODOQUINET INVESTMENTS, LLC, Plaintiff VS. JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1532 CIVIL 20 CIVIL ACTION - LAW RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Baric counsel for the plaintif111K in the above action (or actions), respectfully represents that: 1. The above-captioned action f6cxo6om* is (xx) at issue. 2. The claim of plaintiff in the action is $ 8,659.99 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit aswbitmtors: David A. Baric, Esq., James Hughes, Esq., Scott Granger, Esq., Ralph Godfrey, Esq., Donna Godfrey, Esq., Salzmann Hughes, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ly sub ed, l? David A. Baric, Esquire ORDER OF COURT AND NOW, D23 200 in consideration of the fo egoin petition, ?e Esq., and A 1"41 LAA [)At Esq., and Esq., are appointed arbitrators in the ove captioned action (or actions) as prayed for. BY urt, EDGAR B. BAYLEY L-U rr i 0 cn U? CC. ez :7 CJ C^J i..Lu r-_ 0 apo a? i cSt (A Y , V_ -- fl{ C b A(IVM CONODOGUINET INVESTMENTS, LLC, Plaintiff JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants In The Court of Common Pleas of Cumberland County, Pennsylvania No. 2007. 1532 CIVIL Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the uties of our office wi fidelity. Si afore Signature Signature LIZ '/arlin R. McCaleb Elizabeth J. Saylor Edward P. Seeber Name (Chairman) Law Offices - Marlin R. McCaleb Law Firm TIN 23-2393754 219 E. Main Street Address Mechanicsburg, PA 17055 City, Zip Name Xa<w Offices - Peter J. Russo Law Firm Soo C E • T7 keth- Address 1 7010 PA -1.7$x-1 /Y1Cer???fi City, zip Name James Smith Dietterick & Connelly Law Firm P.O. Box 650 Address Hershey, PA 17033 City, zip lr q? rA and We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of the Plaintiff and against the Defendants in the 7 amount of dissents. (Insert name if applicable. Date of Hearing: - zZdr e . Date of Award: Notice ofllifitry of Award Now, the A.)Jday of v , 20 at //. , _&.M., the above award was entered upon the docket and notice thereof 'ven by mail to the parties or their attorneys. Arbitrators' compensa ' n to be paid upon appeal: $ -2rn, ao By: rothonotary Deputy If OD ?." -r, rrQ v 1 1'? t -? a ?_• t? I, CONODOQUINET INVESTMENTS, LLC, Plaintiff, V. JOSEPH M. THOMPSON and TRACY L. THOMPSON, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1532 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the judgment entered in this matter against Joseph M. Thompson and Tracy L. Thompson on May 22, 2008 as having been satisfied. 1? D? Date: All Respectfully submitted, B , BARI & SCH R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/corporate/conodoguinet/24marshdrive/satisfyjudgment.pra 00 ' CERTIFICATE OF SERVICE I hereby certify that on September 1 * , 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Scott Granger, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, Pennsylvania 17013 /. David A. Baric, Esquire 'ag