HomeMy WebLinkAbout03-4865PETER J. SMITH and
MARILYN FULLER-SMITH
737 Colonial Court
Mechanicsburg, PA 17050
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
1752 Olmstead Way
Camp Hill, PA 17110
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION NO. 03 -- ~//~
: CiVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PETER J. SMITH and
MARILYN FULLER-SMITH
737 Colonial Court
Mechanicsburg, PA 17050
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
1752 Olmstead Way
Camp Hill, PA 17110
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: C1VIL ACTION - LAW
: JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes Plaintiffs Peter J. Smith and Marilyn Fuller-Smith by and through
their attorneys Caldwell & Keams and files the within Complaint and in support thereof aver as
follows:
1. Plaintiffs, Peter ii. Smith and Marilyn Fuller-Smith, husband and wife, are adult
individuals who reside at 737 Colonial Court, Mechanicsburg, Cumberland County,
Pennsylvania.
2. Defendants James S. Ramsey and Pamela W. Ramsey, husband and wife, are adult
individuals, residing at 1752 Olmstead Way, Camp Hill, Cumberland County,
Pennsylvania.
3. Plaintiffs and Defendants entered into a Standard Agreement for the Sale of Real Estate
dated May 26, 2(}03, fully executed May 29, 2003, whereby Plaintiffs, subject to the
terms and conditions set forth in the said Agreement agreed to purchase real property
located at 505 Ninth Street, New Cumberland, Cumberland County, Pennsylvania. A tree
and correct copy of the aforesaid Agreement is attached hereto and made a part hereof in
Exhibit "A".
2
Plaintiffs, within ten days of the execution of the aforesaid Agreement, made a completed
mortgage application seeking mortgage funds within the terms specified in the Mortgage
Contingency Clause, paragraph 6(A) of the aforesaid Agreement.
Plaintiffs submitted to their mortgage lender, Wells Fargo Home Mortgage, Inc., not only
a written completed mortgage application but also a copy of the said Agreement with the
Mortgage Contingency Clause with the request that the lender commit to the conventional
mortgage and swing loan within the terms of the Mortgage Contingency Clause.
Plaintiffs authorized Wells Fargo Home Mortgage, Inc., to undertake an appraisal of their
existing home for purposes of assessing its value and determining whether the swing loan
would be granted within the terms of the Mortgage Contingency Clause of the said
Agreement.
Plaintiffs cooperated fully and in good faith with their lender for the purpose of obtaining
the mortgage financing identified in the Mortgage Contingency Clause.
Despite their good faith efibrt to obtain the loans, Plaintiffs' lender did not issue a
mortgage commitment on or before June 20, 2003, whereupon pursuant to the terms of
the Agreement of Sale, paragraph 6 (C) Defendants had the right to terminate the
Agreement of Sale.
On June 27, 2003, Plaintiffs received a telefaxed letter from their lender, Wells Fargo
Home Mortgage, Inc., informing them that Wells Fargo was unable to approve their loans
according to the terms requested. A copy of the aforesaid notice is attached hereto and
made a part hereof in Exhibit "B".
10. Plaintiffs have demanded of Defendant return of their $5,000.00 deposit paid on account
of the purchase price pursuant to paragraph 6 of the Agreement, and Defendants have
denied said request.
WHEREFORE, Plaintiffs Peter J. Smith and Marilyn Fuller-Smith demand judgment in
their favor and against Defendants in the amount of $5,000.00 together with interest and costs.
Respectfully submitted:
CALDWELL & KEARNS
[ ~-~ Ja~J~L.~oldsmith,~Esquire
/~]0) ~ Attorney I.D. Number 27115
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiffs
4
06/13/20.03 FRI 09:27 FAX 717 751 1455 RESIAX REALTY ASSOC ~002
' J:~-:..: STANDARD AGRF, E,M.,?NT FOR THE SALE OF REAL ESTATE A/S-2K
(Comp{my) ~.~,,.; .,2'. PI:[ON {<'m
BROKER ~ T~'AGKN'r FOR SELL.I,;R. ~i~led Age~t(~) for Seller, ~'.'apOHcahlc:- · .j
Broker ~ N~ ~ Agent for SeH*r aud iz a/nm ~ AG~N'I' ~OR B~R ~ T~HSA~ION
. ~Y~R'S ~1~S5 ~ATIO~ WITH PA LICENSED BROKER
ggO~R ~ TH.E AGE~ FOR BURR. D~gn~d A~ut(/) for Bu~r,. if applicable: - . .
Broker is NO'E the A~I for Ihiyer. au~ ~ ~an: ~ AG~ ~g S~L~R ~ S~/BAG~ FOR S~I.~R ~ TRXN~A~0N ~IC~NSEE
&LC T~'r CERT~.~ ot p;e~e of~un~jh bt~&ngm and ~pr~,,tent~ the$~ ex~cted,~ any, kno~'
~2 County of /~ in thc Cummoawcalth of P~nsylvmtia, Zip Code
lz {deull~callon (e,g., 'l~x ID #; Pared #: Lot, Block Deed Book Page, Record ng D ~) . 13
~, ~ ~ ? ~' ~ . "~~.~ .~, ~ -'~ .
.~ ~ ~~ ~~~ -. ~ ~ . .~ o,,,.. --
] ~
NOTICES AND INFORMATION
INFOR/VIATION REGARDING TAX PRORATION'
F(~r purposes of prorating real estate taxe~, the '-per,ods coveted" t~y me tax bills are as fo ows fo~ all dount es and mun c p~hti~ in P~ffhsylv,mia, ~ nd for
the Phdadelphm. Pittshurgh, and Scranlon school dismct,,, me lax bills are fm tne period January I Io December 31 For all other school districts, the pertod
covered by the tax bill is luly ' to June 30.
COMMUNICATIONS WITIt BUYER AND/OR SELL'ER
O6 13/2003 FRI 09:2S FAX 717 761 1455
REMAX RI~ALTY ASSOC,
W. MORTGAGE CONTI~GENC]~ (1-02)
[~. ~'~'~D. ~'hJs ~ole ~ NOT continent
(A) ~ l~ ~s contmgen~ LP~n Buyer ~l~
d ~tcl~s~ t~ ~ ~ ~v; however Buyer ~ /
[u~ ~c ~o~g~e ~ sp~ed'~vc o a
e~ a. Is nut valid un~ ~ do. of ~cmeu~ OR '
~{ with~ ~ DAY~ ufl~ ~e mortg~e,t~ent
"~cc ~i~ ex~d~ c~v~a~e~ ~r ~ fee~ ~ ~; ~ ~y ~ppr~ ~ and c~em ~d ~n ~v~ w ~e m~"ga~e ~
(D) [f Ih~ ~o.~age lend~ ~qu~'em mpairz
ss 2 ~ 5eU~ choos~ not to ]u~e Ihe
- no~ ~]er in ~ of Buyer'~ choice to
101 ~ NOT ~p~L~
NOTICE TO BUYERS SEEKING MORF(,AGE FINANCING
The appraised value of the Properly is used in determining the mitxilD[lnl anqotlnl of the /oall anti may be different from the purchase price and/or market
value.
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS
U.S. Department of Housing and Urban Development
FHA Loans:
For Your Protection: Get a Home Inspection
What the FHA Does for Buyers... and What We Don't Do
your potential new home and give you the information you need to make a wise declszon,
from a home inspecuon. Appraisals are
Appraisals and Home Inspections are Different
for ende's home inspections are for buye's T e ender does an appfai~al:for thre~rqasons:
· To make sure that the house meets FHA mini, ~nsl~uff).l~'operty
Appraisals are not home inspections.
Why a Bm ~,m' %t. ecm~ u Ihmu. [mt~p~?cm~ ~ ',;
A home . '. . . , '.,..'er m. '. L":,Ee.I h': ' ,3.:~ an appraisal information you need to make a wise decision. In a home inspectiom a
qualified: ',".'. .~ ..k~a an ". !ell~,-.u .":,,,.'..' :oak a: .: .," .iai new home to:
, I '.. I ' '.' :!,*~:st..., ~di~': .:r'.~'tm~ ..... : · and mechanical systems
. ~ . -. . '~.,~ ~'. , ·
What G,,~.,
A home" ..-~ ,i, [~}., -.: hm ,,.. -, . , · ' . m of thc overall condition of the home and imms that need to be repaired or replaced. The
inspection g~ves h ~iled report on the condition of U~e structural componcnls, exterior, roofing, plumbing, electrical, heating, insulation and ventilation, air
conditioning, and ~i'ors.
Be an Informed Buyer
It is your responsibility to be an ir]formed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to carefully examine your
potential new hame with a qualified home inspector. You should arrange to have a home inspection before you purchase your home. Make sure your con-
tract states that the sale of the home depends on the inspection
If yml believe you have been subject to discrimination because of your race, color, religion, sex, handicap, familial s atus, or na ona or g n, you should call
the HUD Fair Housing and Equal Opportunity Complaint Hotline: (800) 669-9777.
This statement must be delivered to you at Ihe time of initial loan application Return one copy to your lender as proof of notification and keep one copy for
your records.
You, the borrower(s), must be certain that you understand the transaction. Seek professional advice if you are uncertain.
06/13/2003 FRI 09:29 PAX 717 781 1455 REMAX REM~T¥..~.S$OC, ~1004
(C) I~uyeri~.h~t~a~hcd ~fl ~eo',.C~lionofd~.Pml~r{y
~ OpfiOlL I, Wit~a ~e ~me given fur completing iuap~ol~
c: · ,~f Seller ch~o~ n?[ ~ m~ ~pni/.s and hq[ ~ c~d/~ ~Oyer ~ ~cH~c~cnt. o,. ff ~cller f~ to ch~ xoy.opOon ~ hln ~h~ ~
OonLs), i~ ~L~ord~ ~ith ~pplJcabl¢ laws
ten r~ b~a pm~,~skm~d con~actor. Immc ~sp¢cdo~ service. ~,r s~c~'~ enb~r ~at is linti(e~ lo s~c~l'~l ~inal~ Ip (~.~ ~d l~e
s! Jolaadsu! atuoq *ql luql 1o 9~dsul otlloq p,/{q UOtlUlUOs*1doJ ua I~l,,a t! UO 'uol ~1 S3^u[ uopuadopu! lnoql:ta 'q [eJ poo~ u[ ,(l~a ol P~t I u* *q [[eqs .~w{nq V
· os!qaue,lj u se pmeaodo ou si pue s~seq 19o.M-.~oj-lou ~ uo pme.lodo sI (D
Property Inspection: Inspections of the Property can be performed by professional contractors or a home inspector, and may include inspections of: qtruc-
;ur;II compo1~e111s; roof; exterior windows and exlcrior doors: exlerior siding, fascia, gutters, and downspouts; appliances; elecnical, phmmbing, heating, and
cooling systems; water penetration; and any other items Buyer may select Other inspections or certifications might include: Environmema] Hazards (eg,
Mold, Indoor Air Quality, Asbestos, Underground Storage Tanks, etc), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Properly
Boundary/Square Footage Verification, and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (includ-
ing any historic preservation restrictions or ordinances) that apply to tbe Property and to review local zoning ordinances.
Flood Plains: If the Property is located in a flood plain, Buyer may be required to ca~y additional insurance.
Properly Bonndary / Square Footage: Buyer is advised tbat geller bas not had tl~e Property surveyed and that any fences, hedges, walls and other natural
or consn'ucled barriers m;ty or may not represent tile n'ue boundary lines of the Property Buyer is also advised that any numerical representations of square
foolage of tl~e structure(s) and/or Iol size are approximations only and may be inaccurate. Buyer is advised to engage a professional surveyor or obtain a~a
independent measurement of tl~e structure(s) and/or lot size if Buyer wisbes to make this sale contingent on Buyer's approval of the Property's boundaries
or square ibotage.
Water Service: Buyer may elect to bave the water service inspected by a professional water testing company, In addition, on-site water service systems
may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender.
Wood-Des/toying Insect hffestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, 9a~enter ants, carpenter bees,
and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies a~q~le to make inspections to
determine whedmr wood-destroying insects are present Because of the way these insects functmn, damage to wood~.~n.~ Careful select~on should
be made of skilled experts in Ibc lermite/pest corm'el field to insare a proper determinalion of whether wood-herin nt damage is present
Ester,or h,s,,latlon and Fl.lsh Systems (EIFS): Exter*or Insular,on and Fm,~b Systems --sometg~es refOwe~~Co are multi-lay-
ered wall systems that are a *pbed to d*e extermr of some homes, Poor or ~mprope~ mstallanon of E~ may result ~n me,stare D~t~ng the surface of a
6R Pa ('.~,A',;~T~ql. et, S~q,
exchange, installment sales contract, leage ~ ~ optioll t0 b~y;~[am or other transfer et an interest in real property where NOT LESS THAN ONE AND
~o, {~om rn ~ ~o~ ~ m:sfiii~;i,t~'m~ ~ LU~TS ~,.~ i.vo~¥~ S~ Information Regardin~ The Real Estate Seller Disclosure La~
. . . , ;'i.~' . :~.... , ~, ~
terns air and wa~{ty tennis courts and playground equipment pollutants toxic chemicals and environmental hazards. The scope ora home inspection
Home inspection report: A written report on the results of a home inspection,
A home inspection report shah include:
(I) A description of the scope of the inspection, including witbout limitation an identification of the structural elemems, systems and subsystems covered by
the report.
(2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent
of the defects and any corrective action that should }:e taken. A "material defect" that poses an unreasonable risk to people on the property shall be con-
spicuously identified as such.
A home inspector shall not express either orally or in writing all estimate of thc cost to repair any defect found during a home inspection, except that such
an estimate may be included in a home inspection report if:
(I) the report identifies the source of the estimate;
(2) the estimate is stated as a range of costs; and
(3) the report states that the parties should consider obtaining an estimate fi'om a contractor who performs the type of repair involved,
Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared.
Home inspector: An individual who performs a home inspection,
06/13/2003 FRI 09;31 FAX 717 701 ]455
CO~hons4~qurzted.b~ B~ycr, ~oOS wJ~ a copy ~[ ~.~ as~sament ~d/or ins~c~on re~t, ~t
11. ~TU~ OF ~ON. (1~2) ~4
COP~ OP' ~ AV~L~ TE~T RF,~S ~ ~ ~ve~d ~u Buycr wi~ ~i~ A~=mcut, S~ER ~E~ NO~ W~. ~1
DA~ R A.DON ~DU~[ON ~OD 2~
ENVIRONMENTAL NOTICES
Asbestos: The heat~resistant and durable nature of asbestos makes it useful in construction and industry· The physical properties thal give asbestos its resis-
tance to heat and decay are linked with several adverse human heahh effects. Asbestos can easily break in~o microscopic fibers that can remain suspended in
the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis and various forms of cancer.
Inquiries or requests for more information about asbestos can be direcled to Ihe US. Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Ave., N.W., Washington, D.C. 20460~ and/or the Department o£ Health, Commonwealth of Pennsylvania, Division of Environmental Health,
Harrisburg, PA 17120,
Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that EMFs pose
health risks does not exist at presenL and Pennsylvania has no laws regarding this issue~
Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances the use
law. Generally, if hazardous substances are found on a property, it is the property owner's
and a list of hazardous substances, contact U.S~ Environmental Prolection Agency~ Ariel Rios Building,
20460, (202) 260-2090.
I of which are restricted by
For more information
~.W, Washington, DC.
Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wisl
mental engineer to determine if permits for plans to build, improve, t)r develop the pro
wetlands.
Lead: (For Properties built before 1978)
Lead Warning Statement: Every purchaser of any residential dwelling was built prior to 1978 is
notified that such property may 1".' '.: ' ". . ' .. young children at risk of developing lead poisoning
.. .~ ..-: .,...- ,
Lead poisoning in young childr,: .. .~e pe,?~.. ,,.': n',tu:': :!c,~]",~.~,lr'~.~t.~.'· : learning disabilities, reduced intelligence quotient,
behavioral problems, and impai~ . .~... l.,;~,, I,'. · a.~o,i.; ,..,' " . '~i~?:~';; ,.' 'egnant women. The seller of any interest in residen-
tial real property is required to ': .lo [;te !?;l'.','r ~ . ' ''. ?rt.v'.r.l!.· ' . . , · hazards from risk assessments or inspections in tile
sellel s possession and noflfy,,~tl~ '....!,: .'. ~ .~ne',~' ,e~'p~:,. · . ,essment or mspecuon for pass ble ead-based pa n
l.vad Ilat;ll'(I.~ I)is,'lil:iilrt, P,e( UJl'~l,llenl.,. In a nco ~lth the Residenlial Lead-Based Paint Hazard Reduc ion Act, any seller of property
· ' · "...,! ~¢-, ' .~,l pro, · ' .' ,tirOl' '.. an EPA-approved lead hazards inf(~rmation pamphlet titled Protect Your Family From Lead in Your
"· 'All b! {.I , ~.se .c ti ..'. ~;r tl ' Broker s) be known presence of lead-b sod pa n and/or ead-based pa nt hazards n or on he prop-
'~'x .'.,:" ;!l~...]:Ic. :, 'nS t~e Olt~ II,ed . , termmmg thai lead-based paint and/or lead-based paint hazards ex s the Iocatlon of lead-based pa n
ali:! or !~'.;l..::?e~l~.:' : .~.tard,.'.~an~' :~...~mon of painted surlaces. An,r seller of a pre-1978 structure must also provide the buyer with an',
:.:.:l}rd%~~' r~?¢?rl~..a',j~d.e" : .' ,'...' "..' . ning to lead-based paint and/or lead-based paint hazards in or about the property being sold~ the com-
et?. ~ '~,~, ' t,"l~'r .~!~': .': ..: ,'.. ' · ' ~ult~-famdy housing. The Act further reqmres that before a buyer ~s obhgated to purchase any hous-
· .' ¢9,p,.~d~;,,?,..,,.., :...':~" · ,. ', · ~' ,.' :' . ,lye the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a
risk a~ent or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk
inspec~'i~ may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller. Housing built in 1978 or later is not
subject to the Act.
Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium· Studies indicate that extended expo-
sure to high levels of radon gas can increase the risk of lung cancer Radon can find its way into any air-space, including basements and crawl spaces and
can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02
working levels or 4 picocuries/liter. If a house has ti radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. Any
person who tests, mitigates, or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental Protection. Information
about radon and about certified testing or mitigation firms is available through Department of Environmental Protection, Bureau of Radiation Protection, 13th
Floor, Rachel Carson State Office Building, fO, Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON or (717) 783-3594,
Mold/Fungi and lndoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen, and viruses) have been
associated with allergic responses including upper respiratory congestion, cough, mucous membrane irritation, fever, chills, muscle ache or other transient
inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious infection, immunosuppression
and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine the presence and scope of any indoor con
tamination. Because individuals may be affected differently, or not affected at all, by mold contamination, the surest approach to determine the presence of
contamination is to engage the services of a qualified professional to undertake an assessment and/or sampling Assessments and samplings for the presence
of mold contamination can be performed by qualified industrial hygienists, engineers, laboratories and home inspection companies that offer these se~wces
Information pertaining to indoor air quality is available through the United States Environmental Protection Agency and may be obtained by contacting IAQ
INFO, P.O. Box 37133, Washington, D.C, 20013-7133, 1-800-438-4318.
06/13/2003 FRI 09:32 FAX:.717 7§1 1455
.... RE~AX REAI~TY ASSOC. ~006
STATUS OF SEWER (1-02) ~1
[] P~bilc Scw~ ~
~ Tcn-~rc Pc~ EXCUl~oI~ (Sc~ Scw~e No~c~ 2) ~
SEWAGE NOTICES
NOTICE 1:
I~I¢¥V?CE 2:
NOTICE 5:
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAIEABLE FOR THE SUBJECT PROPERTY
Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for constmcmm,
alter, repair or occupy any building or structure for which an individual sewage system is to be i~stalled, without first obtaining a permit
Buyer is advised by this notice lhat, heft>re qigning this Agreement, Buyer should contact" ' · ' . ' ,", .'2 '~itll ;*d '
THIS PROPERTY IS SERVICED BY' AN INDIVIDIJAL SEWAGE sYST~M.,, INS1 [I,I.Fll I Mil' R I !II: 'l'Fq- X'~';RF' PI R\IIT
EXEMPTION PROVISIONS OF SECTION * O~ THE §~:~G~'. · U ~1 ~r~.~ u ~. , ... r.,..
wdna] ,~ewage syslel,n where a ten-acre parcel or lot IS subdlvt3¢d from a parent tract after Ji '~ .irx I.,.. i9~-. YL , at qo~ls anti
THIS PROPERTY IS SERVICED BV ?, HOLDINg,; T~\NK (PERh/~ ~,N~N'~' ~)R TEMPORARY) TO WHICIt SEWAGE IS CON-
VEYED BYA WATER CARRYING SVqTEM AND WHICH Iq D~x[/;'NED AND CONSTRUCTED TO F,kCILITATF ULTIMATE
THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to minimum horiTontal
REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED
THEREUNDER.
06/13/2003 FR! 09;34 FAX 717 761 1455 REMAX REALTY ASSOC, ~007
(.E) ~ requl)~d by law, within ] 5 DAYS of ~he ~xeculk,n uf ~ A~mem Sel[~ will o~' t~' delivery I~) Buy~, on t{~ b~forc ~]cmcu~; 4~1
16. ZON~G CLA$S~CATION ( 1 ~2) sz~
~ NOT A~I.ICABI.E ,iSa
~ APPLICABLE ((~ ~sm
06/13/2003 FRI 09;55 FAX 717 751 1455
REMAX REALTY A$30C, ~] 008
'THE FOLLOWI~G APPLIF. S TO PROI'ERTIES '1'~'1' AI~ PART OF A C()~OM~ OR A PI,A~D CO~.'
(A) ~1~ l~
10 day~ ~ S~r'~
(C~ ~uyc~ may &clam thi~ A~mcnl VO~ al any time before Buyer's Zcccipt Of thc association documents ~d fro' 5 days ~e~. OR un~
(D) ~ ~c evcm ~c as~ciafion has ~e rlglll 1o buy fl~e l't'op*~ (d~t of ~st ~s~), ~d O~e ~ociation exercises ~at right, Sell~' will rehnbm.se
~. ~INTF. NANCE & RISK OF LOSS
(A) S~]Ivr will ~m~ thc ~opcrty, ~mmds. fi~turc~, and ~y pv~on~ prvpc~ zpcc~c~ly ~hcdulcd h~ ~ H~ prc~cn~ condition,
tcm or app~ancc (~ option mu*~ bc ~cccptablc to 0~c mmlgagc lender, if ~ny). ~ each case, Buyer ac~p[* 0~ lh-o~ ~d a~'ccs
(C) ScUcr ~11 ~ l~sk of loss ~m fu~ or o0~er ca*u~des un~l ~ of seffi*ment. ~ ~e evenl of dmnage by fi~ or ogler c~u~tles to m~y plOp-
vf ~y ~urancc ~*~vcU ob~uablc by Stiles. Buyer Is hereby notified ~at Buy~ may ~*t~r~ Buy~'s equha~le [ntere~l In fl~is l'r~
~c ~ of ~xecn~on of d~s A~eement.
~4. WA~R OF CONT~GENC~S O-02)
28, ~L~E (1~2)
CER or PA RT~R of any ~c or Ihgm ~od toy olber PF. RSON~F~I, ur caPeTIaN who may be ~nble by or ~ugb I~em, f~
~ny ~nd aH da~,lo~ or demands, ~clnd~g, but not ~iled ~, pe~oonl ~es and p~per~ d~a~e mid ~ of ~he co~q~enco
or any dcl~cts Or comlitlons on the Property, Sba. Id S~ller bo ~ d~rau[~ under ~e {~ of ~ A~ment, t~s ~ d~ not deprive
Buyer or a~ ri~l Io pu~a any ~medies ~ ~y be ava~able und*r law or eq~. T~ ml~e ~ ~u~ve ~tOemmt.
26, REP~ENTAT1ONS
spccillcally schooled hCrCln)~ or h~E~ wa/~d th~ tight to do so, and has a~d ~ pu~a~ ~a ~ ~ J~ p~ut cou~tioa
olh*r~i~ stat~ in th~ A~*meut. B~y~ ac~owl~go that Brakes, ~e~ Uce~eo, ~uploy~ offices or go.em Im*e not utode
(~ Any ~cp~s mqu~ by ~ A~cmcut wUI ~ complc~cd in a wo~e
~. DEFA~I' (1~2)
3. ~ola~c or fa] to luWfll and pcffo~ ~y o~cr ~s or ~ndiSons of dos Agreement.
'g) ·
2, As ~cs (o ~ app~cd w ~Ucr's g~mg~z; OR
(C) ~ ScU~ is ~ted w Iet~ ~ums p~d by Buyer, b~cltt~)g d~posit mno~es, ~ Uqtgdot~ ~nagen.
(D) If Seller mt~s ~ ~ums p~d by Buyer, im~lud/ng deposi~ mo~es, as Uq~da~d d~nage~ pu~u~l to g~a~ph 27 (B) or (C), ~uyer a~ ~eller
~1 ~ relr~d fi'om ~ffim' Uabffi~ or obUgafloa ~d ~ls A~eement wlU ~
~ W~D. Buyer ~d ScUcr und~l~d O~a~ ~ey may choose to me,ate at a later date, ~hould a dispute ~}se, bu~ Omi ~ere will ~ ~o obli-
ga~on va ~c p~ of m~y ~ to do so.
si~cd Oy ~c p~es will ~ bin~ng
(B) Buy~ ~ld ~ller acknowledge that they hove ~e~*~, re~, and unO,and thc Rules and ~cdmc* of die Home Sellerf/Home Buyetl
Dispu~ Re*olution $~tem (see M~iati~n Noti~).
DEFINITION OF A PLANNED COMMUNITY
The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownership of an interco, in
any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real
property taxes, insurance, manltenance, repair, lmprnvement, management, administration or regulation of any part of the real estate other than the portion
o~ interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or condominium may be part of a planned
community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in real
estate. The term includes non-residential campground communities.
Exemptions from the Uniform Planned Community Act - When a Certificate of Resale Is Not Required
The owner of a property located within a planned community' is not required to furnish the buyer with a certificate of resale under the fo]lowing circum-
stances:
A. The Planned Community contains no more than 12 units, provided there is no possibility of adding rea] estate or subdividing units to increase the size
of the planned community.
The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale
provisions are nevertheless to be followed.
C. The Planned Community or units are located outside the Commonwealth of Pennsylvania.
D. The transfer of the unit is a gratuitous transfer.
E. The transfer of the unit is required by court order.
F. The transfer of the unit is by the government or a governmental agency.
G The transfer of the unit is the result of foreclosure or in lieu of foreclosure.
Notices Regarding Public Offering
11' Seller is a Declarant of the condominium or planned community,
amendments. For condominiums, the delivery of the Public Offering Statement
may cancel this Agreement within 15 days after receiving the Public Offerir
planned communities, the Declarant must provide the Bu
executes this Agreement. Buyer may cancel this Agreement withi
ly and adversely affect Buyer.
g Statement and its
~greement. Buyer
. and adversely affect Buyer For
:', no later than the date the Buyer
· .':' .' ..' any amendments that material-
Generally ~'p ." nk :-7
mustmak.,. ~, ..
exchange, .'..: ,.' '.. ,' ,. .
NOT MORI.. I'll
1.1%(;
agreement of sale is signed, the seller in a residential real estate transfer
in a form defined by the law. A residential real estate transfer is defined as a sa]e,
property where NOT LESS THAN ONE AND
S are involved.
The Law ,.,'Il
l.
2.
3.
:'
5.
6.
7.
8.
9.
10.
, ·. do not have to be made:
, '.-,cra '":...'..~ ' :' :' . >uyer's default and subsequent foreclosure sales that result from default.
I?, '-':' c: I r,'.' .L'..:.".',I '.'
that result from divorce, legal separation, or property settlement.
a corporation, partnership or other association to its shareholders, partners or other equity owners as parl of a plan of liquidation.
Transfer of a property to be demolished or converted to non-residential use.
Transfer of unimproved real property,
Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust.
Transfers of new construction that has never been occupied when:
a. The buyer has received a one-year warranty covering the construction;
b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model building
code; and
c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding common
areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominium and cooperative interests
EXECUTION DATE
All changes to the Agreement should be initialed and dated. The date of execution is the date when Buyer and Seller hav~ indicated full acceptance of this
Agreement by signing and/or initialing it.
06/13/-200~ FRI 09:36 FAX 717 761 1455
~1~ IIU~ ER'S M~dLING ADDRESS:
29. SPECIAL CLAUSES (1-02)
tpA~ Form
RFMAX REALTY ASSOC,
NO'['IC~ TO I~AE'I'U~S: WI~N SIOn; TH~ AG~
tv con'/~lt aa atmrvuy ~l'u~,Sfgnlng ir they d~n
~Buycr hah rcceived a ~eUer's ~o~ Disd~u~ ~t~m~nt b~fo~ Signing thls Ag~cmen~ If ~qui~d I)y law (see 1~o~6o0 ~gar~g
~he R~ ~state SeUey O~os~ Law), .
WITNESS
BUTER
'RROKER FOR SELLER Company N~mc)
^¢CEPTED BY t".~~ L'''d'~' ~
BROKER'S COPY
· DATE
DATE
. DATE
Broker's/Licv. n~e,~' Certificatiu~ (ch~k uU that ar~ applicable): :
l{elKatdSng Lead-Ba:~ Paiat Hazards Dbd~mu~: Requlr~d E Prup~rD wa~ ])uPi beror~ 1978: The ar,dern,gned L,censeen involved
SELLER
SELLER'S CONTACT
WJTNESS
SELLER'S MAILI~IC ADDRESS:
1~ . SeUex ha~ ~ceivcnt a ata(em~al;t of SeUeW$ eslimale~ cl~ing cosh bv. rorv.$ignlng ·this Agreemem.
~35 E} $~AJer h~ receAved4he Consumer Noti~ as adopted by thc. St~te Re0] Esr. ate Commission al dy lYa, Code
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing to mediate
under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement of sale, or through a
separate written agreement.
2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS
Transmittal Form (Transmittal Form) to the local Association of REALTORS® (hereafter "Administrator"). The Transnrittal Form should be available
through the Administrator's office. The initiating party should try to include the following information when sending the completed Transmittal Form
to the Administrator;
a. A copy of the written agreement to mediate if there is one, OR a request by the initiating parry to have the Administrator contact the other par-
ties to the dispute to invite them to join the mediation process.
b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known
to have received notice of the dispute or claim and the corresponding file or claim number.
c. A brief statement of the facts of the dispute and the damages or relief sought.
3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a copy of
the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to review the list of mediators, cross off the
Balne of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint the first available mediator who
is acceptable to all parties involved.
A mediator who has any financial or personal interest in the dispute or the results of the mediation
pames are informed and give their written consent.
pure, unless all
4. Mediation Fees Mediation fees will be divided equally among the parties and will be pak
the payment terms contained in the mediator's fee schedule.
will follow
5. Time and Place of Mediation Conference Witl3in ten days of being appom the set the date,
time and place of the mediation conference The mediator must give at least conference should
6. on(lu('l ol Mt(halit)n ( ouh r(nc(. I .'."., .:' .~g,lh, ,ediatio; .
· '.~,:'~7"~.~ '::"
.
'2, .1' ,,iF~.~'p ::~'~n:' '. ;:'att~,i'. ,..,: .: ..... · .,. . . solution.
...... no ,.at. ~t .~,,~.1,.~ t.I 9 ... . . ,~on, or to force the parties to reach a settlement.
~ ~? .~..,. .~.,: E~,,.
I ormal.rd~e~f ~'ld~will 11ol n~"}: In till.' nle(li,ninn t'nlllt, l'kll(i..
other pa~ie~ntent at least ten days before the conference,
8, Confidentiality, No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding, This includes,
No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all pariies and the mediator,
Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or other
proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties.
Neither the mediator nor the Administrator can he compelled to testify in any proceeding regarding information given or representations made either in
the course of the mediation or in any confidential communication.
9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties will sign
the written agreemenl within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign the written agreement
at the end of the conference,
10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS®, THE
PENNSYt.VANIA ASSOCIATION OF REALTORS®, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL
PROCEEDINGS RELATING TO MEDIATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES BE LIABLE TO ANY
PARTY FOR ANY AC]] ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION
SYSTEM.
JUN 27 2003 14:24 FR LJELL$ FARGO HONE MTGlZ ~12 1727 TO 917]77725~7E P.Ol×OI
WELLS FARGO HOMI~ MORTGAGE, INC.
2701 Wells Fargo Way
MINNEAPOLIS, MN 55408
ATTN: Collin Gilbert
To: Peler J'. Smith nnd Marilyn B. Fuller-Smith
Re: Loan g0129576617
T~ purpose ~f tiffs k'it~ is to in,tm yo~ that Wclh F~ ~mc ~n~ is ~lc ~ ~c yo~ Joan
ac~ng to ~ t~ ~ue~ d~ m i~d~ ~ ~ue of ~e p~ 1~ at ~ N~ SL N~
~rl~ PA 17070. ~e ~xim~ ~o~t We~ F~go Ho~ Mo~ga~ i~ ~lc ~ ~d on ~is px~ ~
$180,~0. ~ con~ me at 1~66-285-5~50, ~t 76854 ff~u ~d I~ ~ ~~ofi~ ~ ~a
~ mon~ of $120,~0 ~d a ~nd movie ~ $80,0~, or to l~ me ~ow l~w you in~d ~o ~
$iacet'ely,
Coffin Gilbe~
Mongagc Spedali~
c¢'.fllo
TOTAL PAGE.OI **
VERIFICATION
I verify that the averments in this document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom
falsification to authorities.
Date:
MARILYI'I/FULLER- SMITH
VERIFICATION
1 verify that the averments in this document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom
falsification to authorities.
By:
PETER J. SMITH and : IN THE COURT OF COMMON PLEAS OF
MARILYN FULLER-SMITH CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
CIVIL ACTION NO. 03-4865- CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
I accept service of the Compliant on behalf of Defendants James S. Ramsey and Pamela
W. Ramsey and certify that I am authorized to do so in this case.
Dated: ~" ~ Z- ~ 3
STONE LAFAVER & SHEKLETSKI, ESQUIRE
414 Bridge Street
New Cumberland, PA 17070
717-774-7435
PETER J. SMITH and
MARILYN FULLER-SMITH
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION NO. 03-4865- CIVIL TERM
:
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
ORDER
AND NOW, this ~q
day of
foregoing petition ~'~
arbitrators in the above-captioned action as prayed for.
,2003, in consideration of the
, Esquire,
, Esquire, and
, Esquire, are appointed
By the Court,
fJ.
PETER J. SMITH and
MARILYN FULLER-SMITH
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION NO. 03-4865- CIVIL TERM
:
: C1VIL ACTION - LAW
: JURY TRIAL DEMANDED
PETITON FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SA1D COURT:
James L. Goldsmith, Esquire, counsel for the Plaintiffs in the above action respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $5,000.00.
3. David H. Stone, Esquire of Stone Lafaver & Shekletski, 414 Bridge Street, New
Cumberland, PA 17070, is counsel for Defendants and otherwise disqualified to sit as an
arbitrator.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbirators
to whom the case can be submitted.
Respectfully submitted:
CALDWELL & KEARNS
Jame7L. Goldsmjth/,~s~tuire
/ Atto/ney I.D. N~_er 27115
[~631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiffs
CERTIFICATE OF SERVICE
AND NOW, this,,?ff'44day of_/_.{~/.d4~A L / ,2003, I hereby certify that I have
served a copy of the within document on the following by depositing a tree and correct copy of
the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
David H. Stone, Esquire
STONE LAFAVER & SHEKLETSK1, ESQUIRE
414 Bridge Street
New Cumberland, PA 17070
CALDWELL & KEARNS
By ~,/~.,~_*j
03-492/64259
pd\ntc\20day.pld
PETER J. SMITH and MARILYN
FULLER-SMITH,
Plaintiffs
JAMES S.
P~AMSEY,
RAMSEY and PAMELA W.
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03-4865 CIVIL TERM
:
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
PLEASE TAKE NOTICE THAT YOU ARE REQUIRED TO FILE A REPLY TO THE
DEFENDANTS' COUNTERCLAIM WITHIN 20 DAYS FROM THE DATE OF SERVICE HERE-
OF OR JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU.
STONE LaFAVER & SHEKLETSKI
y at Law
414 Bridge Street, PO Box E
New Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Defendants
Pd~ans\RAMSEYsmith
PETER J. SMITH and MARILYN
FULLER-SMITH,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 03-4865 CIVIL TERM
J3d~IES S. Rg~VlSEY and PJ~qELA W. : CIVIL ACTION - LAW
RAMSEY, : JURY TRIAL DEMANDED
Defendants :
DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT
AND NOW comes the Defendants, James S. Ramsey and Pamela W.
Ramsey, by and through their attorney, David H. Stone, and sets forth
the following answers to Plaintiffs' complaint:
1o Admitted.
2. Admitted.
3. Admitted.
4. Denied. The Defendants are without knowledge to either admit
or deny the averments of paragraph 4 and proof thereof, if relevant,
is demanded at time of trial.
5. Denied. The Defendants are without knowledge to either admit
or deny the averments of paragraph 5 and proof thereof, if relevant,
is demanded at time of trial.
6. Denied. The Defendants are without knowledge to either admit
or deny the averments of paragraph 6 and proof thereof, if relevant,
-1-
is demanded at time of trial. By way of further answer, the letter of
Wells Fargo Home Mortgage, Inc., attached as Exhibit B makes no
reference to the Plaintiffs' then existing home.
7. Denied. The Defendants are without knowledge to either admit
or deny the averments of paragraph 7 and proof thereof, if relevant,
is demanded at time of trial.
8. Denied. With regard to the good faith effort to obtain a
loan, the Defendants are without knowledge to either admit or deny the
averments of paragraph 8 and proof thereof, if relevant, is demanded
at time of trial. With respect to the issuance of the mortgage
commitment, it is denied that the Plaintiffs had any right to
terminate the Agreement of Sale.
9. Denied. The Defendants are without knowledge as to whether
Plaintiffs received any telefaxed letter from Wells Fargo Home
Mortgage, Inc., on June 27, 2003, proof thereof, if relevant, is
demanded at time of trial.
10. Admitted.
WHEREFORE, Defendants request your Honorable Court to enter
judgment in their favor and against Plaintiffs.
-2-
DEFENDANTS ' COUNTERCLAIM
~ NOW come the Defendants, James S. Ramsey and Pamela W.
Ramsey, by and through their attorney, David H. Stone, and set forth
the following counterclaim:
11. The averments of paragraphs 1 through 3 of Plaintiffs'
complaint are incorporated by reference.
12. The Plaintiffs, along with two other parties, had entered
into competitive bidding for the Defendants' property resulting in the
Plaintiffs entering into a contract to purchase the Defendants'
property at a purchase price in excess of the list price by
$10,000.00.
13. The Defendants accepted the Plaintiffs' offer despite the
fact that Defendants had received an offer in excess of the proposed
$200,000.00 purchase price.
14. The Defendants' acceptance of the Plaintiffs' offer was in
part because of the financial strength of the Defendants and the
representations made to the Defendants of ample equity in the
Plaintiffs' existing property at 234 Poplar Avenue, New Cumberland,
Pennsylvania.
15, The Plaintiffs breached the standard agreement for the sale
of real estate by failing to timely apply for the $120,000.00 mortgage
loan and swing loan of $84,000.00 to be secured by the 505 9th Street,
-3-
New Cumberland, Cumberland County, Pennsylvania property as well as
the Plaintiffs' then existing home at 234 Poplar Avenue, New
Cumberland, Cumberland County, Pennsylvania.
16. The Plaintiffs' breach of the agreement was precipitated by
an appraisal below the proposed purchase price of $200,000.00.
17. Despite repeated requests for the same, Defendants were
never provided proof that Plaintiffs were denied a mortgage and swing
loan secured by both 234 Poplar Avenue and 505 9th Street, New
Cumberland, Pennsylvania.
18. Under the terms of the standard agreement for the sale of
real estate, paragraph 27(c), Defendants are entitled to retain the
sums paid by buyer in the form of a deposit as liquidated damages.
W~EREFORE, Defendants demand judgment against the Plaintiffs for
$5,000.00 together with interest and costs of suit.
Respectfully submitted,
STONE LaFAVER ~ SHEKLETSKI
I.D. #39785
414 Bridge St., P.O. Box E
New Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Defendants
VERIFICATION
PAMELA W. RAMSEY, states that he/she is the
Plaintiff/Defendant named in the foregoing instrument and that
he/she is acquainted with the facts set forth in the foregoing
instrument; that the same are true and correct to the best of
his/her knowledge, information and belief; and that this state-
ment is made subject to the penalties of 18 Pa. C.S.A, ~4904
relating to unsworn falsification to authorities.
PAMELA W. RAMSEY ~
pd~mis\lservice
CERTIFICATE OF SERVICE
by first class mail, postage prepaid,
I, DAVID H. STONE, Attorney at Law, of the law firm of Stone
LaFaver & Shekletski, attorneys for Defendants, JAMES S. RAMSEY and
PAMELA W. RAMSEY, hereby certify that on this date I served a true and
correct copy of the within instrument on Plaintiffs' counsel of record
addressed as follows:
James L. Goldsmith, Esquire
Caldwell & Kearns
3631 North Front Street
Harrisburg, PA 17110
PETER J. SMITH and
MARILYN FULLER-SMITH
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4865- CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' ANSWER TO DEFENDANTS' COUNTERCLAIM
11. No answer required.
12. After reasonable investigation Plaintiffs are without knowledge or information sufficient to
form a belief as to the truthfulness of the averment of this paragraph and the same are hereby
denied.
13. It is admitted that Defendants accepted Plaintiffs' offer. With respect to the remainder of the
averments of paragraph 13, Plaintiffs, after reasonable investigation, are without knowledge
or information sufficient to form a belief as to the truthfulness of the same and they are
thereby denied.
14. Denied. After reasonable investigation Plaintiffs are without knowledge or information
sufficient to form a belief as to the truthfulness of the averment of this paragraph and the
same are hereby denied. Additionally, Defendants failed to state what entity/party/person
made "representations' and are therefore unable to answer the allegations set forth in
paragraph 14 of Defendants' Counterclaim. Plaintiffs, however, deny making any
representations as to their financial strengths; rather, Plaintiffs provided to their real estate
representative true and accurate information with regard to assets, income, and other
financial data. By way of further answer, Defendants are estopped from averring reliance
15.
16.
17.
upon representations not set forth with specificity in the Agreement of Sale, which is an
integrated contract representing the entire agreement by and between the parties.
Denied. Plaintiffs were timely in all regards. Plaintiffs applied for the loan identified in the
Mortgage Contingency Clause of their Agreement of Sale and, in fact, provided the
Agreement of Sale together with their loan application to the lender who ultimately denied
them the loan sought. By way of further answer, to the extent that Defendants established
that Plaintiffs did not timely apply for the loan, said failure was not an approximate cause of
their rejection by the lender. Further, Defendants failed to exercise their right to terminate
the Agreement of Sale in the absence of a timely application and by their conduct, waived
such claim.
It is denied that Plaintiffs breached the Agreement. As there was no breach, there was no
precipitating factor. By way of further answer, Plaintiffs are unable to ascertain the meaning
of the allegation of paragraph 16 and therefore can provide no definitive answer other than
that provided above. Plaintiffs applied, on June 3, 2003, for the loan identified in the
Mortgage Contingency Clause. Further, should Defendants be able to establish that
Plaintiffs' failed to timely apply for the loan, Defendants failed to exemise their fight to
terminate the Agreement of Sale and in the absence of a timely application, and by their
conduct, waived such claim.
Denied. Plaintiffs notified the real estate licensee with whom they were working of their
denial and provided a copy of the denial letter received by the lender. The Agreement by and
between the parties, specifically the Mortgage Contingency Clause, does not require that
Plaintiffs provide evidence in any specific form or fashion as to the denial of their financing
2
VERIFICATION
I verify that the averments in this document are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom
falsification to authorities.
Date: I*~/'~'~/°*-~ By:
VERIFICATION
I verify that the averments in this document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom
falsification to authorities.
Date: {,,~/] _hi ~,~
By:
~RiL~N FULLER-SMITH
CERTIFICATE OF SERVICE
AND NOW, this ,/~ day of ~ ,2003, I hereby certify that I have served
a copy of the within document on the following by depositing a tree and correct copy of the same
in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
David H. Stone, Esquire
STONE LAFAVER & SHEKLETSKI, ESQUIRE
414 Bridge Street
New Cumberland, PA 17070
CALDWELL & KEARNS
By .~,,~/~5
03-492/66305
PETER J. SMITH and IN THE COURT OF COMMON PLEAS OF
MARILYN FULLER SMITH : CUMBERLAND (~OUNTY, PENNSYLVANIA
V. : 03-4865 CIVIL TERM
JAMES A. RAMSEY and
PAMELA W. RAMSEY
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, January 6, 2004, the Court having been informed that
the above-captioned case has settled prior to hearing, the panel of
arbitrators previously appointed is vacated, and Ruby D. Weeks, Esquire,
Chairman of the Arbitration Panel, shall be paid the sum of $50.00.
By the Court,
Ruby D. Weeks, Esquire
Chairman
Andrew Sheely, Esquire
Susan Hartman, Esquire
Court Administrator
PETER J. SMITH and
MARILYN FULLER-SMITH
VS.
JAMES S. RAMSEY and
PAMELA W. RAMSEY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4865- CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Date:
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please mark the above-captioned matter as settled, discontinued and ended.
Respectfully submitted:
CALDWELL & KEARNS
, J~es L. Go~l~4th, Esquire
/; JAttomey I.D.M~mber 27115
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this ~ day of ~/-.-'~,~r~ ,2004, I hereby certify that I have
served a copy of the within document on the following by depositing a tree and correct copy of
the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
David H. Stone, Esquire
STONE LAFAVER & SHEKLETSKI, ESQUIRE
414 Bridge Street
New Cumberland, PA 17070
CALDWELL & KEARNS
By .~, ~ ~rr~
03 -492/