Loading...
HomeMy WebLinkAbout04-0231COMMONWEALTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 04 - ?31 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date ad in the case mentioned below NAME OF APPEUANr I MAG DIST NO OR NAME OF 0.l. Jonathan Emiq and Denise Emiq 09-1-02 ADDRESS OF APPELLANT CITY STATE ZP CODE 20 Blue Spruce Drive Enola PA 17025 DATE OF AOC?ENT N THE CASE OF (Raiff) (091WKWO 1/12/04 Nicholas and Jessica Fox vs Jonathan and Denise Emig CLAM NQ SP3NATU;K Of APPELLAM OR HIS ATTORNEY OR AGENT Cv 0000544-03 I LT Keith O. Brenneman, Esquire This black will be signed ONLY when this notation is required under Pa. R.C.R.I.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10081. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Nicholas and Jessica Fox oppellee(s), to file a complaint in this appeal Nerve of appellees) (Common Peas No ?y c931 ) within twenty (20) days after s" e of rule or suffer entry of judgment of non pros, SV7&ure of Re Iit(h O. Bren neman RULE: To Nicholas and Jessica Fox oppellee(s). Name of eppe/k*s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. ////(3) The date of service of this rule if service was by mail is the date of mailing. Date: )Qrr - '14P , o742L?'y of Roelorotery or Deputy AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED UdlTHIN TEN (10) DAYS AF 1 E "',i; nI +rosce of aooe?, C Ttet is , uo I Glt !e waxaSi COMMONWEALTH OF PENNSYLVANIA COUNTY OF _ ;SS AFFIDAVIT: I hereby swear or affirm !hat I served ? a copy ol the Notice of Appeal. Comrnon Pleas No open the ?tr1; a ce de,!gnaleo ±rz r . , crr (dale of service) _ ? by personal service [] by cetf ed; (registered? ,endar's receipt attached hereto, and upon the appellee. (name' --- an _-__ _, ? by personal service ? by ,eertitiedj (registe edi mail, sender's receipt attached heretca ? and further that I served the Rule to File a Complaint accompanying the aLove Notice at Appeal upon the appellee(s) to whom the Rule 4vas addressed on I r) U;i " t _ ` C?, ".? i t a {'E 4i t ?e:1i nail, sender's receipt attached hereto. - SWORN (AFFIRMED; AND SUBSCRIBED BEFORE ME THIS DAY OF oyCCMlT 351c czyi 11?x 'NJ nl T? N? 1 ,, rn r' i7 T ii ._COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-1-02 rFOX, NICHOLAS, ET AL. DJ Name. Ron. 124 TORY CIRCLE ROBERT V. MANLOVE ENOLA, PA 17025 Address' 1901 STATE STREET CAMP HILL, PA L J VS. DEFENDANT: NAME and ADDRESS Telephone. (717) 761-0583 17011-0000 FEMIG, JONATHAN, ET AL. 20 BLUE SPRUCE DR ENOLA, PA 17025 JONATHAN EMIG 20 BLUE SPRUCE DR ENOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment: O Judgment was entered for: L Docket No.: CV- 0000544 - 03 Date Filed: 11/20/03 FOR PT.ATNTIFF (Name) Fn3r, pTr.TTnT.AS, gm AT. 7X Judgment was entered against: (Name) RWTG, JONATHAN in the amount of $ 4,492-9;n on ? Defendants are jointly and severally liable. ? Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ r ? Portion of Judgment for physical damages arising gut of residential lease $ Amount of Judgment $ 4,360.00 Judgment Costs $ 122.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 4,482.50 Post Judgment Credits $ Post Judgment Costs $_---__ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I 1121teel Date t l/l ?Lr? I certify that this is a true-an cop?!g/fr?C n fie proceedin 1?? G 'I/ Date (/ e'? x?' My commission expires first Monday of January, 2006 . (Date of Judgment) 1 /1 2/n4 (Date & Time) NN N h, ©Ofict Justice gs c$ntzI ng ".judgment. 1+?+{+ IStrict JLtstice ?a?\ 4 SEAL J AOPC 315-03 DATE PRINTED: 1/12/04 1:09:53 PM . --COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No. PLAINTIFF: NAME and ADDRESS 09-1-02 FFOX, NICHOLAS, ET AL. DJ Name . Non. 124 TORY CIRCLE ROBERT V. MANLOVE ENOLA, PA 17025 Addless: 1901 STATE STREET CAMP HILL, PA L J VS. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 761-0583 17011-0000 FEMIG, JONATHAN, ET AL. 20 BLUE SPRUCE DR ENOLA, PA 17025 DENISE EMIG L 20 BLUE SPRUCE DR DocketNo.: CV-0000544-03 ENOLA, PA 17025 Date Filed: 11/20/03 a THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT•ATNTIFF Judgment was entered for: (Name) FAY, NT(:HAT.AA, RT AT. _ ® Judgment was entered against: (Name) RMTG, DRMTSE in the amount of $ 4, 4A2 _ 50 on: (Date of Judgment) 1 /1 2/04 ? Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ 4,360.00 Judgment Costs $ 122.50 Interest on Judgment $ .00 This case dismissed without prejudice. Attorney Fees $ .00 Total $ 4,482.50 Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ ? Portion of Judgment for physical Post Judgment Costs $--_---_--_- damages arising out of residential lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. `?tiZitf tilt r. r? t Date i R > ' L Dlstricf Justice I certify that this is a true and correct c6py of th?yr ` r f the proceedings c ltaTigg the g gment; f l/(Date / r trict Justice My commission expires first Monday of January, 2006. ". SEA AOPC 315-03 DATE PRINTED: 1/12/04 1:10:29 PM J ------------------- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ;SS N O T C. !V boxes) ?j W AFFIDAVIT: I hereby swear or affirm that I served C?, -? Rk a Copy of the Notice of Appeal, Common Pleas Na 2004-231 ateot service) Janua ry 1 upon the District Justice designated therein on _ rJanuary 1 ,et ,and upon the by pe onal service by personal service ®by (certified) (registered) maiI- sender's pt attached the [I name Nicholas and -- 20 _+?e?iCa Fox ® and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the to whom resse by (certif?ec(registered) pson se plcee®r by {appellee(s) etif etd(re on 16_`_ 2004 Jan mailthe p endersre?eipt attached hereuo. r y _ gisteretl) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 16th DAYOF January 2004 U _- T,rrea atti, I -- srgnarure oI aifianr try comm swq exp lo'S On O C3 COMMONWEALTH OF PENNSYLVANL O NotwW seal Aye CunbeAaMCgnly M Membw. Pann El' N Nov. 24, Zop7 r9 ion eyWania Aeaodetion 01 Notada M O O N U.S. Postal Service,M CERTIFIED MAIL,M RECEIPT (Domestic mail Only; No insurance coverage Provided) aysar?.."Rrj .Fn'?F..'r.?!J} ';ws,-lrvy!ezR:'A:n Y .. NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA JUDICIAL DISTRICT COMMON PLEAS Ne 0 Y - u?.3 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below J onatlian ve FROM DISTRICT JUSTICE JUDGMENT Ia. .i?i. lry. ?fJ4 L`13CliO J.aS an(I JCS.`. zc..cc s1GNAT APPR tANw /j ATr Y AGENT CV 00U0544-03 LT . lyrenreman Ls 'u?re Ica. + IL G This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 100BFL 1001(6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment far possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Protfonofary or Deputy PRAECIPE TV RIPE ecss nv...? -- (This section of form to be used ONLY when appellant was DEFENDANT (see Ps. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee)' PRAECIPEL To Prothonotary appellee Enter rule upon (s), to file a complaint in this upped Iicholas and Jessica Fox Name of appellees) (Common Pleas Plo. 23 within twenty (20) days after a of rule or suffer entry of judgment of ran pros i?[/? / ) ?1;?i l ????"`•.? L ure of app¢1'm!t or Ms ettanBY o' aDB^t AlleiLli O. Bren eman Nicholas and T ?y c3 Fox _, appelleels)• RULE: To ? d epperlee(sl (1) You are notified that a rule is hereby entered upon You to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by Personal service or by certified or registered mail (2) N you do_ not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail is the date of mailing. Date: of Romanomy or OW* COURT FILE AOPC 312-90 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS FOX and JESSICA FOX, husband and wife, Civil Action - Law Plaintiffs V. No. 04-231 JONATHAN EMIG and DENISE EMIG, husband and wife, Arbitration Required 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 notice and complaint 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 Plaintiffs. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9100888 BY: NI OLAS FOX c BY: T v SSICA OX 124 Tory Circle Enola, PA 17025 (717) 732-6127 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Civil Action - Law V. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants No. 04-231 Arbitration Required COMPLAINT AND NOW, TO WIT, this ) d day of February, 2004, come the Plaintiffs, Nicholas and Jessica Fox, and file the within Complaint upon a cause of action whereof the following is a statement: 1. Plaintiffs, Nicholas and Jessica Fox, husband and wife, are adult individuals who reside at 124 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Defendants, Jonathan and Denise Emig, husband and wife, are adult individuals who reside at 20 Blue Spruce Drive, Enola, Cumberland County, Pennsylvania 17025. 3. On or about June 24, 2003, Plaintiffs purchased from Defendants a townhouse located at 124 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 4. In conjunction with the sale of the townhouse, Defendants provided Plaintiffs with a Seller's Property Disclosure Statement, which document was fully executed by Defendants and dated February 24, 2003. A copy of the Seller's Property Disclosure Statement is attached hereto, incorporated herein by reference and marked Exhibit "A". 5. Section 4(b) of the Seller's Property Disclosure Statement specifies that Defendants were not "aware of any water leakage, accumulation, or dampness within the basement or crawl space." See Exhibit A, section 4(b). 6. Section 4(c) of the Seller's Property Disclosure Statement specifies that Defendants did not "know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space." See Exhibit A, section 4(c). 7. Section 6(a) of the Seller's Property Disclosure Statement provides that Defendants were "not aware of any past or present water leakage in the house...." See Exhibit A, section 6(a). 8. Section 13(e) of the Seller's Property Disclosure Statement provides that Defendants did "not know of any past or present drainage or flooding problems affecting the property." See Exhibit A, section 13(e). 9. The Seller's Property Disclosure Statement, in page 4, provides that "SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THIS STATEMENT." See Exhibit A, page 4. 10. Plaintiffs relied upon Defendants' representations in the Seller's Property Disclosure Statement when deciding to purchase the subject townhouse from Defendants. 11. Despite Defendants' representations in the Seller's Property Disclosure Statement, the basement of the subject townhouse exhibits water damage. 12. On or about July 23 or 24, 2003, Plaintiffs experienced leakage and water damage in the basement of the subject townhouse. 13. On or about August 9, September 19, September 23 and in December of 2003, Plaintiffs experienced leakage and water damage in the basement of the subject townhouse. 14. By letter dated September 26, 2003, Plaintiffs, by and through their former counsel, notified Defendants of the situation. A copy of Plaintiffs' letter is attached hereto, incorporated herein by reference as Exhibit "B". 15. Plaintiffs continue to experience leakage and water damage in the basement of the subject townhouse. 16. Repair of the leakage and the water damage in the subject townhouse has been estimated to cost Plaintiffs at least $4,360.00. See American Waterproofers', Inc. Basement Field Report attached hereto, incorporated herein by reference and marked Exhibit "C". 17. Water damage is a material defect, as that term is defined in section 7102 of the Residential Real Estate Transfers Law [68 Pa. C.S.A. § 7102]. 18. At all times relevant hereto, Defendants were aware, yet willfully or negligently failed to disclose to Plaintiffs that the basement of the subject townhouse previously experienced water damage in violation of section 7301 et seq. of the Real Estate Seller Disclosure Law [68 Pa. C.S.A. § 7301 et seq]. 19. At all times relevant hereto, Defendants were aware, yet willfully or negligently failed to disclose to Plaintiffs that they attempted to fix the water damage in the basement of the subject townhouse in violation of section 7301 et seq. of the Real Estate Seller Disclosure Law [68 Pa. C.S.A. § 7301 et seq]. 20. At all times relevant hereto, Defendants willfully or negligently concealed that the basement of the subject townhouse previously experienced water damage. 21. At all times relevant hereto, Defendants willfully or negligently concealed that they attempted to fix the water damage in the basement of the subject townhouse. 22. Plaintiffs are entitled to damages suffered by them as a result of Defendants' violation of the Real Estate Seller Disclosure Law [68 Pa. C.S.A. § 7301 et seq]. 23. The amount claimed by Plaintiffs does not exceed the jurisdictional amount requiring arbitration referral by Cumberland County Local Rule 1301-1. WHEREFORE, Plaintiffs, Nicholas and Jessica Fox, demand judgment in their favor and against the Defendants in the amount of $4,360.00, together with interest and cost of suit, and for such other relief as the Court deems proper. Respectfully Submitted, BY• , NICHOLAS FOX BY: SICA FOX 24 Tory Circle Enola, PA 17025 (717) 732-6127 VERIFICATION We verify that the foregoing facts are true and correct. We understand that false statements herein are made subject to penalties of 18 Pa. C.S. section 4904 relating to sworn falsification to authorities. Date: X/??-, NICHOLAS FOX JESSI A FOX CERTIFICATE OF SERVICE AND NOW, this and day of February, 2004, we, Nicholas and Jessica Fox, hereby certify that we have, this date, served a copy of Plaintiffs' Complaint, by United States mail, addressed to Defendants in care of their attorney of record as follows: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 BY NICHOLAS FOX r BY: J ,'SICA OX f-f4 Tory Circle Enola, PA 17025 (717) 732-6127 '- 7Wb 25 03 09:44a Re/Max Realty Associates 717-761-1455 p.l SELLER'S PROPERTY DISCLOSURE STATEMENT SPD A alp- i Property Address -i W-IY-I?r? 2 2 3 Seller Qr (I {' N i 3 4 A seller must disclose to a buyer all known material defects a out property being sold that are not readily observable. This disclosure a 5 statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the property being 3 6 considered. 6 7 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 7 s any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or e 9 representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns 9 to about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation it to disclose a material defect that may not be addressed on this form. 12 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the 12 13 residential real property or that involves an unreasonable risk to people on the land. 13 14 14 1s 1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, or other areas related to the is 16 construction and conditions of the property and its improvements, except as follows: 16 17 2. OCCUPANCY 17 is (a) Do you, Seller, currently occupy this property? KYes ? No 19 19 If "no," when did you last occupy the property? 19 20 (b) Have there been any pets livin in the house or other structures during your ownership? 06 Yes ? No 20 21 If "yes," describe: flYi I4 ChA-L15 21 22 22 23 3, ROOF 23 24 (a) Date roof installed: /997 Documented? ? Yes ? No ? Unknown 24 2s (b) Has the roof been replaced or repaired during your ownership? ? Yes ia-No 25 26 (c) If "yes," were the existing shingles removed? ? Yes ? No ? Unknown 26 27 (d) Has the roof ever leaked during your ownership? ? Yes . Ei'No 27 28 ?.,?? (e) Do you know of any problems with the roof, gutters or downspouts? ? Yes K o 23 29 Explain any "yes" answers that you give in this section: 29 39 so 31 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) 31 32 (a) Does the property have a sump pump? ? Yes $(No ? Unknown 32 33 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? ? Yes 9'l.Io 33 34 If "yes," describe in detail: 34 35 36 (c) Do you know of any or other attempts to control any or dampness P problem in the basement or crawl space? 36 36 37 ? Yes RNo R' 38 If "yes," describe the location, extent, date, and name of the person who did the repair or control effort: 37 36 39 40 5. TERMMS/WOOD-DESTROYING INSECTS, DRYROT, PESTS 39 41 (a) Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property? ? Yes eNo 49 42 (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? ? Yes n'No 41 43 (c) Is your property currently under contract by a licensed pest control company? ? Yes &N o 42 44 (d) Are you aware of any termita/pest control reports or treatments for the property in the last five years? ? Yes eNo 43 as Explain any "yes" answers that you give in this section, including the name of any service/treatment provider if applicable: 44 46 , _ 45 w 6. STRUCTURAL ITEMS 46 48 (a) Are you aware of any past or present water leakage in the house or other structures? ? Yes ZrNo 17 e9 (b) Are you aware of any pastor gresen ovement, shifting, deterioration, or other problems with walls, foundations, or other stmt- " 4e 49 50 tural components? ? Yes Q No st (c) Are you away of any past or present problems with driveways, walkways, patios, or retaining walls on the property? so 61 52 ? Yes El No 53 (d). Is your pray y !p' constructed with an Exterior Insulating Finishing System (EIFS), such as drivit or synthetic stucco? 53 64 ? Yes 0 No ? Unknown 55 if "yes" describe any known problems: s4 56 53 57 w sa SPD Page 1 of 4 Seller Initials: al?: ST PennsyWalaAssoed CXf11bt? A d$ C0"MG]TrFM OFREALTORSO IM REALTO 91 AYS YYYbY-Yhng4? bror .J ;^0 25 03 09:44a Re/Max Realty Associates 717-761-1455 p.2 59 (e) Are there any defects in flooring, including stains? ? Yes CKNo ? Unknown 59 60 If "yes," explain: so 61 61 63 Explain any "yes" answers that you give in this section. When explaining reports to control or repair, please describe the loca- 62 63 tion and extent of the problem, and the date and person by whom the work was done, if known: 63 64 64 6s 7.-ADDITIONS/REMODELS Have you made any additions, structural changes, or other alterations to the property? RYes ? No 6- 66 If "yes," describe: tAtZ I,,f a_o Z461! 66 97 67 9e 8. WATER AND SEWAGE 66 69 (a) What is the source of your drinking water? Z'Public Water ? On-Site Water (Well on Property) as 79 ? Community Water ? None ? Other (explain) ?e 71 (b) If your drinking water source is not public: 71 73 When was your water last tested? What was the result of the test? ,< 74 Is the pumping system in working order? ? Yes ? No 73 74 If "no," explain: 74 75 (c) Do you have a softener, filter, or other purification system? ? Yes J?'No 4 76 If "yes," is the system ? Leased ? Owned 76 77 (d) What is the type of sewage system? 2"Public Sewer ? Individual On-lot Sewage Disposal System 77 78 ? Individual On-lot Sewage Disposal System in Proximity to Well ? Community Sewage Disposal System 7e n ? Ten-acre Permit Exemption ? Holding Tank ? None ? None Available/Permit Limitations in Effect 79 so If Individual On-lot, what type? ? Cesspool ? Drainfield ? Unknown ? Other (specify): so a1 Is there a septic tank on the Property? ? Yes ? No ? Unknown 81 es If "yes," what is the type of tank? ? Metalisteel ? Cementiconcrete ? Fiberglass ? Unknown 82 93 ? Other (specify): 63 84 Other type of sewage system (explain): 04 ss as - e6 (e) When was the on-site sewage disposal system last serviced? 85 97 (f) Is there a sewage pump? ? Yes ? No ?. 0e If "yes," is it in working order? ? Yes ? No s4 s9 (g) Is either the water or sewage system shared? ? Yes ? No s9 90 If "yes," explain: 90 91 (h) Are you aware of any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-related items? 51 02 ? Yes ? No 96 93 If "yes," explain: 93 % 9. PLUMBING SYSTEM 94 95 (a) Type of plumbing: eCopper ? Galvanized ? Lead ? PVC ? Unknown 95 96 ? Other (explain): Be 97 (b) Are you aware of any problems with any of your plumbing fixturrg s (e.g., including but not limited to: kitchen, laundry, or bath- 97 99 room fixtures; wet bats; hot water heater; etc.)? ? Yes ?"No 9e 99 If "yes," explain: 99 in 10. HEATINGAND AIR CONDMONING 100 101 (a) Type of air conditioning: ? Central Electric RrCentral Gas ? Wall ? None 101 103 Number of window units included in sale Location 197 103 (b) List any areas of the house that are not air conditioned: 103 104 104 105 (c) Type of heating: ? Electric ? Fuel Oil Natural Gas ? Propane (On-site) 105 109 Are there wood or coal burning stoves? P Yes 2(No If "yes," how many? _ Arethey working? ? .Yes ? No tos 107 Are there any fireplaces? ? Yes P1 No If "yes," how many? _ Are they working? ? Yes ? No 107 100 Other types of heating systems (explain): 108 108 109 ilo (d) Are there any chimneys? ? Yes No If "yes," how many? _ Are they working? ? Yes • ? No 110 III When were they last cleaned? 111 113 (e) List any areas of the house that are not heated: 113 113 113 114 (f) Type of water heating: Wr Electric ? Gas ? Solar ? Other. 114 113 (g) Are you aware of any underground fuel tanks on the property? 'D Yes e' No 116 116 If "yes," describe: 119 117 If tanks are not owned, explain: 117 11e (h) Are you aware of any problems with any item in this section? ? Yes No 119 its If "yes," explain: 119 130 SPD Page 2 of 4 Seller Initials: ri VJ't- 120 n 25 03 09:44a Re/Max Realty Rssociates 717-761-1455 p.3 121 11. ELECTRICAL SYSTEM Are you aware of any problems or repairs needed in the electrical system? ? Yes 0No 121 122 If "yes," explain: I22 in 12. OTHER EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete only if applicable) 123 126 Equipment and appliances ultimately included in the sale will be determined by negotiation and according to the terms of the 124 125 Agreement of Sale. 125 126 (a) ? Electric Garage Door Opener No. of Transmitters 126 127 (b) 95moke Detectors How many? t_ Location Irv-&44( sc?.,e 127 126 (c) ? Security Alarm System ? Owned ? Leased ? Lease Information 126 129 (d) ? Lawn Sprinkler No. ? Automatic Timer 139 130 (e) ? Swimming Pool ? Pool Heater ? Spafflot Tub 130 131 Pool/Spa Equipment gist): 3+ 132 (f) ? Refrigerator eRange ? Microwave Oven ishwasher ? Trash Compactor Fri' Garbage Disposal tm 133 (g) ? Washer ? Dryer IN 134 (h) ? Intercom . t34 135 (i) ? Ceiling fans No. Location 135 136 (?) ? Other: 136 137 Are any items in this section in need of repair or replacement? ? Yes QlIGo ? Unknown 137 133 If "yes," explain: .. tss 139 13. LAND (SOILS, DRAINAGE, AND BOUNDARIES) 139 140 (a) Are you aware of any fill or expansive soil on the property? ? Yes. 2AN, a 143 141 (b) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have occurred on 141 142 or affect the property? ? Yes F91<0 142 143 Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence u3 144 damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsi- 144 145 dente Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100 us 146 (outside Pennsylvania). 145 147 of any existing or proposed training, strip-mining, or any other excavations that might affect this property? (c) Are you aw are 147 146 149 . ` 11 Yes 6310 (d) To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? ? Yes eNo 146 149 150 (e) Do you know of any past or present drainage or flooding problems affecting the property? ? Yes eNo 153 1s1 (f) Do you know of any encroachments, boundary line disputes, or easements? ? Yes VNo 161 162 Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, the 152 153 easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to Isa 154 determine the existence of easements and restrictions by examining the property and ordering an Abstract of Title or searching 15e 155 the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale. 155 156 (g) Are you uwayof any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? 156 157 ? Yes NO 157 156 Explain any "yes" answers that you give in this section: I56 156 159 160 14. HAZARDOUS SUBSTANCES IN 161 (a) Are you aware of any underground tanks (other than fuel tanks) or hazardous substances present on the property (structure or soil) 161 162 such as, but pal limited to, asbestos, Polychlorinated biphenyls (PCBs), Ureaformaldehyde Foam Insulation (UM), etc.? In 163 ? Yes P'N0 163 184 (b) To your knowledge, has the property been tested for any hazardous substances? ? Yes eNo / 164 155 (c) Do you know of any other environmental concerns that might impact upon the property? ? Yes !'J No 165 166 Explain any "yes" answers that you give in this section: I66 167 167 166 (d) Do you know of any tests for radon gas that have been performed in any buildings on the property? ? Yes QTINO 166 169 If "yes," list date, type, and results of all tests below: 169 170 Darr: TYPE OF TEST RESULTS (picocuries/liter or working levels) NAME of TEsrwo SERvicE 170 rat 171 172 172 173 173 174 (e) Arc you aware of any. radon removal system on the property? ? Yes R"Ro 174 175 If "yes," list date installed and type of system, and whether it is in working order below: r6 176 DATE INSTALLED TYPE OF SYSTEM PROWDER WORKING ORDER 176 In ? Yes 0 No In 173 ? Yes ? No 176 179 ? Yes ? No 179 180 160 761 161 182 SPD Page 3 of 4 Seller Initials: f Y_,SL- 162 '7 tr 25 03 09:45a Re/Max Realty Associates 717-761-1455 p.4 a (f) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the 1ss 184 property. Are you aware of any lead-based paint or lead-based paint hazards on the property? ? Yes ? No 184 tss If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: 186 186 186 tat (g) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint 1n Ise or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based Its tag paint hazards on the property? ? Yes ? No 169 in - If "yes," list all available reports and records: 190 191 In 15. CONDOM1MiIlYLS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) I191 si n 123 Type: ? Condominium ? Cooperative ? Homeowner Association or Planned Community ,gc 194 Other 9t 195 Notice regarding Condominiums, Cooperatives, and Planned Communities: According to Section 3407 of the Uniform Condo- 19s 195 minium Act [68 Pa C.S. §3407 (relating to resale of units) and 68 Pa. C.S. §4409 (relating to resale of cooperative interests)] and lee 197 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 197 198 condominium, cooperative, or planned community trust receive a copy of the declaration (other than the plats and plans), the by- is; 199 laws, the rules or regulations, and a certificate of resale issued by the association in the condominium, cooperative, or planned com- 199 20o munity. The buyer will have the option of canceling the agreement with the return of all deposit monies until the certificate has been 1100 201 provided to the buyer and far five days thereafter or until conveyance, whichever occurs first. ni 2a2 16. MISCELLANEOUS 292 203 (a) Are.you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? za 204 ? Yes 5KNo 2.4 205 (b) Are you awaze of any existing or threatened legal action affecting the property? ? Yes F3'No 206 (c) Do you know of any violations of federal, state, or local laws or regulations relating to this property? ? Yes PYNo Zee tot (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain 207 206 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? ? Yes 2No zee 209 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- 209 210 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? ? Yes NrNo Z11 (f) Are you aware of anreaso 219 Y any n, including a defect in title, that would prevent you from giving a ivaasnty deed or conveying title to the 211 212 property? ? Yes VNu 213 213 (g) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 313 214 ? Yes FkAo 215 A material defect is a problem with the roe c1 p p rtS' or any portion of it that would have a significant adverse impact on the value of 3115 s 216 the residential real property or that involves an unreasonable risk to people on the land. 216 217 Explain any "yes" answers that you give in this section: 217 218 eta 219 220 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 229 221 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- 221 222 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 222 m CONTAINED IN THIS STATEMENT.. Seller shall cause Buyer to be notified in writing of any information supplied on this form 223 224 which is ren inacc ate t y a change in the condition of the property following completion of this form. 2 225 , 25 2n WITNESS SL'LLl 24 w WITNESS DATE 22a 229 DATE. ug tze WITNESS SELLER DATE SELLER z27 230 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK 229 230 211 According to the provisions of the "Real Estate Sella Disclosure Act," the wderaigned executor, administrator or trustee is not required to fill out a Sena 's Propony 2 31 292 Dis<;losum Statement The executor, administrator or trustee, must, howeva, disclose any known material defect(s) of the property. 273 732 234 DATE 233 236 234 236 RECEIPT AND ACKNOWLEDGEMENT BY BUYER V5 am The undersigned Buyer acknowledges receipt of this Disclosure Statement Buyer acknowledges that this Statement is not a warranty and that, unless ? 226 stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Bayer's responsibility to satisfy himselfvr herself as 237 239 to are condition of the property. Buyyr may request that the property be inspected, at Buyer's expense and by qualified professionals, to deterprine the.con- 238 249 dition of the striiclure or its components. 239 241 WITNESS BUYER DATE 240 242 WITNESS BUYER DATE 241 243 WITNESS BUYER DATE 242 243 244 SPA Pace 4 of 4 244 SKAIBIAMS & ZONAPKII up ATTORNEYS AT LAW 204 STATE STREET HARRISBURG, PENNSYLVANIA 17101 JOHN R. ZONARICH' ANNA MARIE SOSSONO KATHY SPEAKER MACNETT JOHN B. ZONARICH GREGORY S. CHELAP SHELLYJ. KUNKEL TODD F. TRUNTZ t DAVID H. JUDY (717) 233-1000 TELEFAK (717) 233-6740 W W W.SKARLATOSZONAR ICH.COM ANGELO SKARLATOS (1958 - 1981) • BOARD CERTIFIED IN CIVIL TRIAL ADVOCACY } ALSO ADMITTED IN NEW JERSEY September 26, 2003 Jonathan and Denise Emig 20 Blue Spruce Drive Enola, PA 17025 Re: Sale of 124 Tory Street, Enola, PA Dear Mr. and Mrs. Emig: C (?Dplf STEELTON OFFICE BUNBANK B V ILOINO. STE. 201 51 SOUTH FRONT STREET STEELTON PCNNSYLWNIA 17113 (717) 939-9358 MIDDLETOWN OFFICE (717) 944-5109 WRITER'S EMAIL: jrz@SkadatosmafId1.E0R1 This firm has been retained to represent Mr. Nicholas Fox and Mrs. Jessica Fox in regard to matters surrounding the sale of the above-referenced residence. As of this date, the firm has reviewed the documents concerning the sale of the residence, talked with our clients, and reviewed the applicable law. Background Facts The Foxes bought from you a townhouse located at 124 Tory Circle, Enola, PA 17025. Settlement occurred on June 24, 2003 and my clients moved in afterwards. Prior to the closing date, you and your real estate agent provided the Foxes with the "Seller's Property Disclosure Statement" dated and witnessed on February 24, 2003. On the Disclosure Statement, you made an affirmative statement that there was no water leakage, accumulation, or dampness in the basement. You also stated there were no other repairs or any other attempts to control any water or dampness problems in the basement. However, soon after moving in, my clients noticed that the basement does in fact leak. This leakage has resulted in much damage to the townhouse, including mold, floor cracks, wall seepage, wall moisture, and blistered paint. My clients thereafter had several basement waterproofing specialists inspect the property. The conclusion is that the basement leakage is not a new problem and has been going on for some time. There is significant water damage in the basement which occurred before my clients bought the property. To treat the leakage, repair existing damage, and prevent further damage, my clients will, at the least, need a sump pump installed, the floor drained, and the floor and the walls treated. A MEMBER OF LAWPACT' - A NATIONAL ASSOCIATION OF INDEPENDENT BUSINESS m Exhibit S .W Jonathan and Denise Emig September 26, 2003 Page 2 Liability X301 Under the Pennsylvania Real Estate Seller Disclosure Law, Title 68, section 'M et. seq. of Pennsylvania Consolidated Statutes, the seller of a property must disclose to the buyer any material defects in the property, including the basement. A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property. It is clear that the problems my clients are having with the basement constitute a material defect and these material defects were not disclosed to my clients in violation of Pennsylvania law. Conclusion I would like to resolve this situation in the best interest of all parties. I believe that this can be accomplished if you pay the Foxes for the costs they will incur to repair the water leakage in the basement. The Foxes are therefore seeking $4,360, the estimated cost of repairing the basement from the waterproofing company. If you or your attorney have any questions or concerns, or wish to discuss this matter in greater detail, please free to contact me at our Harrisburg Office. I request that you respond to this letter no later than Monday, October 6, 2003. Otherwise, I will be forced to take legal action against you to protect my clients' rights. cc: Jean Lehman, Re/Max Realty Associates Nicholas and Jessica Fox /`1YY tsrnrww,?,r AMrRN;AH WAifRPP00F01•, M. AMERICAN WATERPROOPERS', INC. ETTERS, PA 17319 OFFICE: 800-596-1777 • 717-938-2272 FAX: 717-932-2976 Basement Field Report ck LAST FIRST ADDRESR 'IT" -- STATE ZIP HOME PHONE WORK PHONE ? Preventative Z;::Aieeds Service ? Emergency Service Wall Problems F Clem Structural • static Pressure • Footing Undermined olsture • Window Wes ; o oTube oor or Crac 4 • Floor Undermined • Vertical Wall • Warped Paneling e oor • Block Cracks Istered Pam (Vert./Horz.) • Poor Masonry Efflorescence - old Mildew Insect Infilt rati?ptt Fungus/Dry Rot tr MCII TTV?L .PIAMP)_ ThiF nnQ ? ) °1 J a y f FRONT Pumps: Guarantees: Z- / /- {- ::I: K?gzvS r-wl/ Interior and exterior inspection have been completed Total Investment: $ and I have been advised of applications necessary to render foundation sound and basement dry. OWNERS INITIALS OWNERS INITIALS DEGREE OF WALL PROBLEM ? No Problem Moderate ? Extreme DEGREE OF 3 FLOOR PROBLEM ? No Problem 79C,moderate ? Extreme TYPE OF FOUNDATION "C B/ST ONOLI LITHIC c ?Xhlbl+ C g 7 Structural: 4/ i '?- 'A7 o P ? C_ N °o "? i'n '? c ?_? rG r,-? Z 7r ?r. -T--+'I Q C7 ?? ??- _ s ?rn N NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Vs. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 ARBITRATION REQUIRED TO: Nicholas Fox and Jessica Fox, husband and wife, Plaintiffs 124 Tory Circle Enola, PA 17025 YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Dated: 02-1jP-z9CAT TIWPTT R, TIP AT?XTQ NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Vs. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-321 ARBITRATION REQUIRED DEFENDANTS JONATHAN EMIG AND DENISE EMIG'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW comes, Plaintiffs Jonathan Emig and Denise Emig by and through their attorneys Caldwell & Kearns and files this Answer to Plaintiffs' Complaint and in support thereof aver as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Defendants provided their real estate salesperson with the executed form for the purpose of delivering same to Plaintiffs. 5. Admitted in part. The said Exhibit speaks for itself and any characterization by the Plaintiffs is denied. 6. Admitted in part. The said Exhibit speaks for itself and any characterization by the Plaintiffs is denied. 7. Admitted in part. The said Exhibit speaks for itself and any characterization by the Plaintiffs is denied. 8. Admitted in part. The said Exhibit speaks for itself and any characterization by the Plaintiffs is denied. 9. Admitted in part. The said Exhibit speaks for itself and any characterization by the Plaintiffs is denied. 10. Denied. Plaintiffs expressly stated in the Agreement of Sale by and between the parties that they did not rely upon the representations of Defendants unless expressly stated in the Agreement. The Agreement fails to set forth that Plaintiffs relied upon any representation with regard to moisture or water in the basement. Further, Plaintiffs engaged the services of a home inspector qualified under the Pennsylvania Home Inspection Law for the purpose of determining the condition of the property and did not rely on Defendants or representations made by Defendants. Defendants further incorporate the avennents set forth under New Matter as though more fully set forth here at length. 11. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averment that "the basement of the subject townhouse exhibits water damage." Defendants deny that as of the date of the transfer of the subject real property to Plaintiffs, and prior thereto, that the property exhibited signs of water damage that were cognizable by them in the exercise of reasonable care. 12. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of this paragraph and the same are thereby denied. 13. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of this paragraph and the same are thereby denied. 14. Admitted. 15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of this paragraph and the same are thereby denied. 16. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of the averments of this paragraph and the same are thereby denied. 17. Denied. The averments of this paragraph are conclusions of law and not allegations of fact to which no answers need be made. 18. Denied. Plaintiffs did not know, or in the exercise of reasonable care could not have known, of any potential water problem with respect to the subject real property. Defendants had not experienced any water accumulation, leakage, or any condition with regard to the matters complained of. Plaintiffs had as much knowledge as to the condition of the property as did Defendants. That Plaintiffs violated the Real Estate Seller Disclosure Law is a conclusion of law to which no answer need be made. 19. Denied. At no time did Defendants exercise any action or undertake any activity to repair water damage inasmuch as they were unaware of any water infiltration or damage to the subject property. That Plaintiffs violated the Real Estate Seller Disclosure Law is a conclusion of law to which no answer need be made. 20. Denied as stated aforesaid. At no time did Defendants know, nor could they have known in the exercise of reasonable care, of any water damage. It is believed and therefore averred, that there was no water infiltration or damage of any kind within the subject property at any time prior to transfer of title. 21. Denied as stated aforesaid. At no time did Defendants know of any such condition and therefore they never attempted to fix any water damage condition with respect to the subject property. 22. Denied. The averments of this paragraph are conclusions of law and not allegations of fact to which no answers need be made. 23. No answer required. NEW MATTER 24. Defendants incorporate their answers to paragraphs 1 through 23 as if set forth herein at length. 25. Plaintiffs set forth in the Agreement of Sale executed by them and attached hereto in Exhibit "A" as follows: 26. Representations (1-02) a. *** 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. (Emphasis in the original). 26. Plaintiffs engaged the services of a home inspector who had unfettered access to the property and who examined the basement for purposes of determining whether there was any prior water damage or any condition that could pose as a material defect with respect to water infiltration and/or damage. 27. Plaintiffs relied upon the report of their home inspector and not upon the representations of Defendants. 28. On April 24, 2003, two months prior to settlement, Plaintiffs received the home inspection report in which it was indicated that moisture was noted in the basement. The said report did not indicate that the inspector saw evidence of flooding, seepage, wetness, or stains. The copy of the home inspection report is attached hereto and made a part hereof in Exhibit "B". WHEREFORE, Defendants Jonathan Emig and Denise Emig respectfully request that this Honorable Court enter judgment in their favor and against Plaintiffs Nicholas Fox and Jessica Fox, plus interest and costs of suit, and such other relief as this Honorable Court deems proper and just. Respectfully submitted: CALDWELL & KEARNS ames L. G s th, Esquire Attorney mber 27115 3631 No ront Street Harrisburg, PA 17110 (717) 232-7661 Date: a- I!'0 Y Attorney for Plaintiffs 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 unsworn falsification to authorities. By: Denise Emg 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 unworn falsification to authorities. By: J nathan Emig STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and app for, hot not restricted to use by, the members of the Pennsylvan' ociation of REALTORS* (PAR). BROKER (Company) WITH PA BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR AIS-2K BROKER ???° PHONE FAX e Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE 1 4 fi 7 9 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 25 27 28 29 30 31 32 33 34 35 35 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 DYER'S BUSINESS RELATIONS WIT PA LICENSED BROKER BROKER (Com any) P,4ck PHONE ADDRESS [ A-t? t,.+-C- , P-A FAUX BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker is Agent for Seller and Agent for Buyer, Broker is a DualAgent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licence is a Dual Agent. i. phis ?4 SELLER(S): 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT. CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: County of (Z; 0 P ll Identification (e.g., Tax ID 3. TERMS (1-02) (A) Purchase I in the :el #; Lot, Block; Deed Book, Date) which will be paid to Seller by Buyer.as follows: V V Cash or check at signing this Agreement 1C $ ?. . 2. Cash or check within - days of the execution of this Agreement: $ 3. $. 4. Cash, cashier's or certified check at timeof settlement $ TOTAL $ t (.Cp' 7A n. (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: - (C) Seller's written approval to be on or before: (D) Settlement to be on slu N -9. 91, (E) Conveyance from Seller will be by fee simple of special warranty unless otherwise stated here: _ (17 Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated 9 9 10 0 11 12 13 14 15 16 , 17 16 19 20 21 22 23 24 25 26 27 26 29 30 -- 31 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes 32 (see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33 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) 34 covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated 35 here - 4. FIXTURES & PERSONAL PROPERTY (1-00) - (A) 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 beating 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 rangeloven unless otherwise stated. Also included: Tk R k 1 r I A-A b'i 0 in - r-!> ,S t K , (B) LEASED 'item (not owned by Seller): (C) EXCLUDED fixtures and items: 5. DATENTIME IS OF THE ESSENCE (1-02) (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) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was executed and including the last day of the time period. - (C) 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 parties. - (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and. Seller. Any pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all patties: Buyer Initials: _ Seller Initials: 113 REALTORSO PennsyylYania A4tt4oclatioa of GAT PBNNSYLVANIAASSOCYAT10N Of REALTOR" 2002 srwoa? »ww.anrau.•e? 01102 L of Pennsylvania, Zip Code or before if Buyer and Seller agree. _ 2 3 4 5 6 , called'Buyee" 7 , is between 1 36 - 37 38 39 40 41 42 43 44 45 46 47 48 49 56 51 52 53 54 55 56 57 58 59 called "Seller," and BUYER(S): 60 6 MORTGAGE CONTINGENCY (1-02) 613e WAIVED. This sale is NOT conch t on mortgage financing. 61 62 ELECTED 62 63 (A) This sale is contingent upon Buyer obtaining mort a form ?iQ/PgG'0 follows: 63 64 1. Amount of mortgage loan $ ' i-1-J? 7,5Q 64 65 2. Minimum Term years 65 66 3. Type of mortgage (- 14 A 4*10 67 4. Interest rate a %; however, Buyer agrees to accept ?the interest rate as may be committed by the mortgage lender, not to 68 exceed a maximum interest rate of %. 6 p/ O q. V J` 69 5. Discount points, loan origination, loan pl cement and other fees charged by the lender as a percentage of the mortgage loan (excluding „ 69 70 any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not speed) of the mortgage loan. 70 71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an 71 72 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified. herein. Buyer 72 73 gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially, without 73 74 promise of reimbursement, to the Buyer and/or the mortgagedender to make the above terms available to Buyer. 74 75 (B) Within DAYS (10 days if not specified) of the execution of this Agreement, Buyer will make a completed, written mortgage application 75 76 for the mortgage terms specified above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise the Broker for Seller, is 75 77 authorized to communicate with the mortgage lender for the purposes of assisting in the mortgage loan process. 77 78 (C) I. Mortgage commitment date . If a written commitment is not received by Seller by the above date, Buyer 78 79 and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 79 80 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 80 81 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: 61 62 a. Is not valid until the date of settlement, OR 82 83 b. Is conditioned upon the sale and settlement of any other property, OR 83 84 c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender 84 85 within 7 DAYS after the mortgage commitment date in paragraph 6 (C) (1). 85 86 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all deposit monies Be 87 paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or. 87 88 title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire insur- 88 89 ante with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 09 90 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller. 90 91 Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs 91 92 at Seller's expense. 92 93 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this 93 94 Agreement. 94 95 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, 95 96 notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's 96 97 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer; may, within 97 98 _ 5 DAYS of Seller's denial, terminate this Agreement, in which case all deposi\\rvtQt paid on account of purchase price will be 98 99 returned promptly to Buyer and this Agreement will be VOID. \1 J 99 100 Seiler Assist 199 101 ? NOT APPLICABLE co 10 e_ APPLICABLE. Seller will paN? 1 102 ?$ ' ' nvxt'.^t ^ n maximum, toward Buyer's costs as petrm d by the mortgage lender. - 103 qIII 9 1 /05 FHA/VA, IF APPLICABLE rig6 106 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the. purchase of the 1 107 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in actor- t07H h 708 dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct 108 109 Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be 109 110 insetted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consununation of the con- lie 111 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 111 112 Department of Housing and Urban Development will insure.. HUD does not warrant the value nor the condition of the Property. Buyer should 112 113 satisfy himself/herself that the price and condition of the Property are acceptable. 113 114 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration 114 115 Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or pub- 115 116 lishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both." 116 117 (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 117 118 ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 118 119 Inspections). Buyer understands the im ortance of getting an independent home inspection and has thought about this b ore igning this 119 120 Agreement 120 121 Buyer's Initials /U Dale 121 122 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this conna t fo purchase are 122 123 true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connectio with this transac- 123 124 don is attached to this Agreement. 124 125 7. INSPECTIONS (1-02) 125 126 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 126 127 Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required by 127 128 or provided for in the terms of this Agreement. Buyer has the right to attend all inspections. 128 129 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived 129 130 by any other provision of this Agreement. 130 131 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections.. 131 132 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. 132 133 8. PROPERTY INSPECTION CONTINGENCY (1 -02) - 133 134 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here. 134 135 ? WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection Notices and 135 136 Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 136 137 ELECTED 137 138 (A) Within ,? DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspec- 138 139 tions and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspection Notices and Environmental 139 148 Notices). This contingency does not apply to the following existing conditions and/or items:. n.) 140 141 741 142 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (see Information Regarding 142 143 the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection associ. 143 144 ation, or by a person supervised by a full member of a national home inspection association, in accordance with the ethical standards and code 144 145 of conduct or pracce of that association. (n 145 146 Buyer Initials: / W -At A/S-2K Page 2 of 8 Seller Initials: \ 146 147 (d-) it buyer is not saustieo Wlm me mnamon of me Yroperty m stated at any written report, buyer writ: 141 148 f9' '0 'on 1. Within the time given ( lmpleting inspections: 140 149 1 Accept the Property with the irawmation stated in the report(s) and agree to the RELEASn set forth in paragraph 25 of this Agreement, OR 149 150 Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will be returned 150 151 romptly to Buyer and this Agreement will be VOID, OR 151 152 3.ter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit 152 3 to Buyer at settlement, as may be acceptable to the mortgage lender, if any. - 153 1 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this Agreement within 154 155 the time given for completing inspections and according to the provisions in paragraph 8(C) (Option 1) 1 and 2. 155 15 ?y44f Option 2. Within the time given for completing inspections: 156 .. 7 •1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in p!!!pph 25 of this Agreement, 157 151{ UNLESS the total cost to correct the conditions contained in the, report(s) is more than$ 3[)7? . C 2 1 h if d i h 8 O ti 150 159 159 n paragrap ) ( on ) , e amount spec ie ( p 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS t 160 1 I Buyer will deliver the report(s) to Seller within the time given for inspection. 160 161 ql,q ) V 'j ,, a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 161 162 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to 162 163 the amount specified in paragraph 8 (C) (Option 2) 1. 163 164 (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained. in the report(s) 164 165 and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable to the mortgage lender, if any. 165 166 (3) Not make repairs and not credit Buyer at settlement for any costs to repair conditions contained in the report(s). 166 167 b. If Seller chooses to make repairs or credit Buyer, at settlement as specified in paragraph 8 (C) (Option 2) 2, Buyer will accept the 167 168 Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 168 169 c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any option within the time 169 170 given, Buyer will, within 5 DAYS: 170 171 (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this 171 172 Agreement, OR 172 173 (2) Terminate this Agreement in. writing by notice to Seller, in which case all deposit monies paid on account of purchase price will 173 174 be retained promptly to Buyer and this Agreement will be VOID. 174 175 9• WOOD INFESTATION INSPECTION CONTINGENCY (1-02) 175 176 ? WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control 176 177 Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 177 178 179 U ELECTED (A) Within ?L DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wood- 178 179 160 Destroying Insect Infestation Inspection Report" froma certified Pest Control Operator and will deliver it and all supporting documents and 780 181 drawings provided by the Pest Control Operator to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mort- 181 182 gage lenders, and/or Federal Insuring and Guaranteeing Agency requirements, if my. The inspection will include all l readily visible and 182 193 accessible areas of all structures on the Property except the following structures,'which will not be inspected: 183 184 184 185 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infesta- 185 185 lion(s), in accordance with applicable laws. 186 187 (C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the option to obtain a writ- 187 188 ten report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage to the Property caused 188 189 by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and conective proposal to 189 190 Seller within 7 DAYS of delivering the original inspection report. - 190 191 (D) Within 5 DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, at 191 192 Seller's expense and before settlement, any structural damage from active or previous infestation(s). 192 193 . (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE 193 194 set forth in paragraph 25 of this Agreement. 194 195 (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within 5 DAYS, 195 196 will notify Seller in writing of Buyer's choice to: 196 197 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE set forth in para- 197 198 graph 25 of this Agreement, OR 190 199. 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission, which will 199 200 not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this 2W 201 Agreement. If Seller denies Buyer. permission to make the repairs, Buyer may, widen 5 DAYS of Seller's denial, terminate this 201 202 Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this 202 203 Agreement will be VOID, OR .203 204 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and 204 205 this Agreement will be VOID. ' 205 206 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 206 207 BUIET BEFORE 1978 (1-02) 207 - 208 A NOTAPPLICABLE 208 209 ? APPLICABLE - 209 210 (A) Seller represents that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the 210 211 Property, unless checked below. - - 211 212 ? Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide. the basis for 212 213 determining that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available informs- 213 214 tion concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) 214 215 215 216 (B) Records/Reports: Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property, - 215 217 unless checked below: ` 217 218 ? Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in or about 218 219 the Property. (List documents) 219 226 220 221 (C) Buyer's Acknowledgement: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the. Lead Warning 221 222 Statement contained in this Agreement (see Environmental Notices). Buyer has reviewed Seller's disclosure of known lead-based paint and/or 222 223 lead-based paint hazards, as identified in paragraph 10(A) and has received the records and reports pertaining to lead-based paint and/or lead- 223 224 based paint hazards identified in paragraph 10(B). " 224 225 Buyer's Initials Date 225 228 (D) RISKASSFSSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer 226 227 has ? 10 DAYS to conduct a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. 227 228 WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of 228 229 lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 25 of 229 230 this Agreement. 230 231 ? ELECTED 231 232 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based 232 233 paint hazards. The risk assessment and/or inspection will be completed within _IQ_ DAYS of the execution of this Agreemen . 233 234 Buyer Initials:-4 A/S-2K Page 3 of 8 Seller Initials: 234 Z35 Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for leas-bases paint anwor 2 2aa 236 ' . lead-based paint hazards, P • may deliver to Seller a .written list of the specific' 'dons conditions cited in the report and those 236 237 corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. submit a written corrective proposal to Buyer. The corrective proposal rt(s) li t d i h 237 238 238 , repo s an ng t e 3. Seller may, within -7- DAYS of receiv but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller will include 239 239 240 , will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the 240 241 projected completion date. 241 242 242 243 4. Upon receiving the corrective proposal, Buyer, within _5 DAYS, will: Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR a 243 244 . . b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 244 245 to Buyer and this Agreement will be VOID. - Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, Buyer, 5 245 246 246 247 248 . within 5.. DAYS, will: Accept the-Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR a 241 248 249 . b.. Terminate this Agreement in writing, in which case all deposit monies paid. on account of purchase price will be returned promptly 249 250 1 to Buyer and this Agreement will be VOID. er's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER of Bu 6 250 251 25 252 y . this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 252 253 (E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. 253 254 255 11. STATUS OF RADON (1-02) (A) Seller represents that Seller has no knowledge concerning the presence or absence of radon unless checked below. - 254 255 256 ? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with 256 257 the results of all tests indicated below: DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) 257 258 258 259 259 260 260 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR- 2e1 261 262 RANT EITHER THE METHODS OR RESULTS OF THE TESTS. 262 263 ? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 263 264 DATE RADON REDUCTION METHOD 264 265 265 266 266 267 268 (B) RADON INSPECTION CONTINGENCY _ ? WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environ- 267 268 269 mental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 269 270 ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will delivers. copy i l i 270 271 271 Not ces: ronmenta of the test report to Seller within '_ DAYS (15 days if not specified) of the execution of this Agreement.. (See Env 272 273 Radon). 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuriesi iter), Buyer accepts the Property and agrees to the 272 273 274 275 RELEASE set forth in paragraph 25 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 7 DAYS 2 274 275 276 . of receipt of the test results: 276 277 277 278 Option 1 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 278 279 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 279 280 281 and this Agreement will be VOID; OR c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- 280 281 282 gation company; provisions for payment, including retests; and a projected completion date.for corrective measures. 282 283 (1) Within 5 DAYS of receiving the corrective proposal, Seller will: 283 284 (a) Agree to the terns of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the 284 285 RELEASE set forth in paragraph 2$ of this Agreement, OR 285 286 (b) Not agree to the terms of the corrective proposal. • 288 287 - (2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to respond within the time given, Buyer will, within 287 288 289 _ 5 DAYS,. elect to: - (a) Accept the. Property in writing and agree to the RELEASE set forth in paragraph 25- of this Agreement, OR 288 289 290 (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 290 291 promptly to Buyer and this Agreement will be VOID. 291 293 I>?' Option 2 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 292 293 ) b. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified nd 294, r d_ u gation comp y rovisions for payment, including retests; and a projected completion date for corrective measures. Seller will pay y l ,jamimvof $ toward the total cost of remediation and retests, which will be completed by settlement. ill i hi 296 297 g7 n , w t /?,, ply (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(B) (Option 2) b, Seller w j'f DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: u '?7W"" 5 298 _ 299 ,d(a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth 300 r ?I(d ?I in paragraph 25 of this Agreement, OR ) Contribute toward the total cost of remediation and retests only the amount specified in paragraph 11(B) (Option 2) b. 299 300 301 30 302 (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option within the time 302 303 given, Buyer will, within--j- DAYS, notify Seller in writing of Buyer's choice to: 303 34 - (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case 304 305 Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR 305 306 (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly 306 307 to Buyer and this Agreement will be VOID. 397 308 12. STATUS OF WATER (1-02) 308 309 (A) Seller represents that the Property is served by: 309 310 )K Public Water 310 311 311 ? On-site Water 312 312 ? Community Water 313 313 ? None 314 314 315 ? B) WATER SERVICE INSPECTION CONTINGENCY 315 315 7 ?( WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES 316 317 THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. / 317 316 319 ? ELECTED 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver 318 319 320 to Seller a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service. 320 321 - 321 322 A/S-2K Page 4 of 8 Seller Initials: Buyer Initials: IP5 322 323 2. Seller agrees to locate and provide access to the on-site (or individual) water system, it applicable, at Sellers expense, it required by me 3z3 324 ' , inspection company. Seller al trees to restore the Property, at Seller's expense, prio, settlement. ort reveals that the w_.-r service does not meet the minimum standards of any .rglicable governmental authority and/or fails to if the re 3 324 325 325 326 p . satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within 7 DAYS of receipt of 326 327 the report, notify Buyer in writing of Seller's choice to: 327 328 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 328 329 to the RELEASE set forth in paragraph 25 of this Agreement, OR 329 330 3 b. Not upgrade the water service. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within 4 330 331 31 332 333 . _ 5 DAYS, either: Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade a 332 333 334 . the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 334 335 Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 335 336 graph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, widdn_5__ DAYS of 336 337 Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 337 338 returned promptly to Buyer and this Agreement will be VOID, OR 338 339 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 339 340 to Buyer and this Agreement will be VOID. .340 341 13. STATUS OF SEWER (1-02) 341 342 (A) Seller represents that the Property is served by: 342 343 Te Public Sewer 343 344 ? Individual On-lot Sewage Disposal System (See Sewage Notice 1) 344 345 ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 345 346 ? Community Sewage Disposal System 346 347 ? Ten-acre Permit Exemption (See Sewage Notice 2) 347 348 ? Holding Tank (See Sewage Notice 3) 348 349 ? None (See Sewage Notice 1) 348 350 ? None AvailablelPettmit Limitations in Effect (See Sewage Notice 5) 350 ? 351 351 352 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352 353 ? WANED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 353 354 WANES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 354 355 ? ELECTED 355 356 1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to 356 357 deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 357 358 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on- 358 359 lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 359 360 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 360 361 _7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 361 362 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362 363 the RELEASE set forth in paragraph 25 of this Agreement, OR 363 364 b. Not correct the defects. 364 365 4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 5 DAYS, either: 365 366 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 366 $67 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 367 368 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pan- 35s 369 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 369 370 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 370 371 promptly to Buyer and this Agreement will be VOID, OR 371 372 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 372 373 promptly to Buyer and this Agreement will be VOID. 373 374 5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 25 _ DAYS 374 375 of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the time of the 375 375 remediation company; provisions for payment, including retests; and a projected completion date for corrective measures. Within 376 377 5 DAYS of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer will: 377 378 a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE 378 379 set forth in paragraph 25 of this Agreement, OR 379 380 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 380 381 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 381 382 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pars- 382 383 graph 25 of this Agreement. U Seller denies Buyer permission to correct the defects, Buyer may, within 7 DAYS of Seller's 383 384 denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 384 385 promptly to Buyer and this Agreement will be VOID, OR 385 386 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 386 387 to Buyer and llmis Agreement will be VOID. 387 38a 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-02) 388 389 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 369 390 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 390 391 Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 391 392 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 392 393 otherwise specified here: - 393 394 394 395 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 395 396 396 397 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will 397 398 notify Buyer in writing, within _7 DAYS of receiving the notice or assessment, that Seller will: 398 399 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 399 400 in paragraph 25 of this Agreement, OR 400 401 2. Not comply with notices and assessments at Seller's expense. 401 402 3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seller will comply, Buyer 402 403 will notify Seller within 5 DAYS in writing that Buyer will either: 403 404 a. Comply with notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 404 405 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 405 406 and this Agreement will be VOID. 406 407 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth in para- 407 408 graph 25 of this Agreement. 408 409 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Ttansporta ' n. 409 410 Buyer Initials: 1="_ A/S-2K Page 5 of 8 Seller Initials: i 410 411 (E) It required by law, within 1) DAY 5 of me execution of UBS Agreement Scller will order Ior aeuvery TO buyer, on or Demre semenleni; al department or departments disclosing no if any uncorrected violations of zoning, hous- c 'e munici h i f 411 412 412. p e appr rom t on 1. A certificat 413 413 414 ing, building, safety or fire on....4nces, AND/OR A certificate permitting occupancy of the Property. In the event repairs/improvements are required for the issuance of the certificate, Seller 2 414 415 . will, within _ 5 DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the 415 416 417 required repairs/improvements at Seller's expense. If Seller chooses to make the required repairs/improvements, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set 416 417 418 forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/improvements, Buyer will, within _5 DAYS, ' 418 419 s notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller 419 420 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs or if Seger fails to respond 420 421 within the time given, Buyer may, within _5 DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account 421 422 of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 422 423 424 15. TITLE, SURVEYS & COSTS (1-02) (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 423 424 425 deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 425 426 the ground, easements bf record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 426 427 will be good and marketable. and such as will be insured by a reputable Title Insurance Company at the regular rates. 427 428 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; 428 429 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal 429 430 fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 430 431 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney for the preparation of an adequate 431 432 legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or 432 433 required by the mortgage lender will be secured and paid for by Buyer. 433 434 (D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, as 434 435 specified in paragraph 15(A), Buyer will have the option of., (1) taking such title as Seller can give with no change to the purchase price; or (2) being 435 435 repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec- 436 437 bons or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 1") items (1), (2), (3) and in 437 438 paragraph 15(C), in which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 436 439 16. ZONING CLASSIFICATION (1-02) 439 440 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is zoned 440 441 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits 441 442 d tothe Buyer without any requirement for court action. e' tendered by the Buyer will be return 442 443 ?{ ? Zoning Classification: U`CCJ.? \ 1 )-P- tn "tj ° 443 444 ? ELECTED. Within 15 DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as 444 445 is permitted. In the event the use is not permitted, Buyer will, within the time 445 446 given for verification, notify Seller in writing that the existing use of the Property is not permitted and this Agreement will be VOID, in which 446 447 case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time 447 448 given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 448 449 17. COAL NOTICE 448 450 0 NOT APPLICABLE 450 451 ? APPLICABLE 451 452 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE To THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 452 453 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 453 454 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 454 455 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 455 456 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 456 457 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 457 458 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 458 459 to sign the deed from Seller which deed will contain the aforesaid provision. 459 460 18. POSSESSION (1-02) 460 461 (A) Possession is to be delivered by deed keys and: 461 462 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 462 463 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the 463 464 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 464 465 time of execution of this Agreement. 465 466 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written 466 467 consent of Buyer. 457 468 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 466 459 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 469 470 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 470 471 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 471 472 Agreement without the written consent of Seller. 472 473 21. DEPOSIT & RECOVERY FUND (1-02) 473 474 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of 474 475 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain them 475 476 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed 476 477 check tendered as deposit monies may be held pending the acceptance of this offer. 477 478 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a 478 479 fully executed written agreement between Buyer and Seller. 479 480 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules and Regulations of 480 481 the State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation 481 482 for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. 482 483 Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' 483 484 fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 484 485 (D) A Real Estate Recovery Fond exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 485 466 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 486 487 ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and 487 488 (717) 783-4854 (outside Pennsylvania). 488 489 22. CONDOMINIDMTLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 489 490 A NOTAPPLICABLE 490 491 ? APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily tan by a unit owners' 491 492 association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to fumish Buyer with a Certificate of Resale and copies 492 493 of the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. 493 494 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 494 495 community as defined by the Uniform Planned Community Act. (See Definition of Planned Comrunity Notice). §5407(a) of the Act requires 495 496 Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and 496 497 a Certificate containing the provisions set forth in §5407(a) of the Act. 497 490 Buyer Initials: A/S-2K Page 6 of 8 Seller Initials: P 498 499 THP FOLLOWING APPLIES TO PRUPBR'1'lE5'I'HA'1' ARE YAR'1' UN' A CUNllUMlNtutvl UK w rr.advNr.u d.Urvuvrwvu r. Seller will submit a request to the -.iation for a Certificate of Resale and the doc- cs of this Agreement f h YS ras 500 500 ' , e exe o t (A) Within 15 DA to enable Seller to „omply with the Act. The Act provides that the associati,., is required to provide these documents within ar 501 501 y uments necess 502 502 503 10 days of Seller's request. (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure or 503 504 - delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by 504 505 506 the association and included in the Certificate. - (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5days thereafter, OR until 5 05 506 507 whichever occurs first Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be settlement 507 506 509 , returned to Buyer. .... (D) In the event the association has the right to buy the Property (right of first refusal); and the association exercises that right, Seller will reimburse. 508 509 510 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) Tile search, tide insurance and/or - 510 511 - mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended coverage, mine sub- 511 512 sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any. 512 513 514 23. MAINTENANCE & RISK OF LOSS (1-02) (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal 513 514 515 516 wear and tear excepted. (B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly 515 516 517 518 notify Buyer in writing of Seller's choice to: 1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- 517 518 519 tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 519 520 the RELEASE set forth in paragraph 25 of this Agreement, OR 520 521 2. Not repair or replace the failed system or appliancei and not credit Buyer at settlement. for the fair market value of the failed system or 521 522 appliance, If Seller does not repair, replace or offer a credit for the failed system or appliance, or if Seller fails to notify Buyer of Seller's 522 523 choice, Buyer will notify Seller in writing within, _5 DAYS or before settlement, whichever is sooner, that Buyer will: .523 524 a. Accept the Property . and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 524 525 - . Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 525 526 526 527 and this Agreement will be VOID.. (C) Seller 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 prop- 527 528 erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and 528 529 promptly receiving all monies paid on account of purchase price or of accepting the. Property . in its then. condition together with the proceeds 529 530 of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of 630 531 the time of execution of this Agreement. .. 531 532 532 533 24. WAIVER OF CONTINGENCIES (1-02) -: .. - 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 533 534 the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the 534 535 RELEASE set forth in paragraph 25 of this Agreement. 535 536 537 25. RELEASE (1 -02) ,.. .c„. _ Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI- 536 537 538 CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from 538 539 any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and,aq,ofthe consequences there- 539 540 of, whether now known or not, which may arise from the presence of termites or other. wood-boring insects, radon, lend-based paint hazy 540 541 ards, environmental hazards, any defects in the individual. on-lot sewage disposal system or deficiencies in the on?site water service system, 541 542 or any defects or. conditions on the Property. Should Seller. be in default,under the terms of this Agreement, this release does not deprive 542 543 Buyer of any right to pursue any remedies that may be. available under law or equity. This release will survive settlement. 543 544 26. REPRESENTATIONS (1 -02) 544 545 (A) Buyer understands that any representations, claims, advertising, promotional activities, .brochures or plans of any kind made by Seller, Brokers, 545 546 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement It is 546 547 further understood that this Agreement contains the whole agreement between Seller. and Buyer and there are no other terms, obligations, 547 548 covenants, representations, statements or conditions, - oral or otherwise of any kind whatsoever. concerning this sale. Furthermore, this 548 549 Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. 549 550 (B) It is understood that Buyer has inspected the Property, before. signing this:Agreemen4:(including futures and any personal property 550 551 specifically scheduled herein), or has waived the right to do so, and has agreed to purchase the Property in its present condition unless 551 552. otherwise stated in this -Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made, 552 553 an independent examination or determination of the structural soundness of the Property, the age or condition of the, components, ce vi- - 553 554 ronmental conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a 554 555 mechanical inspection of any of the systems contained therein. 555 556 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 556 557 (D) . Broker(s) may perform services to assist unrepresented. parties in complying with the terms of. this Agreement. 557 558 (E) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs.. - 558 559 27. DEFAULT (1-02) 559 560 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 560 561 1. Fail to make any additional payments as specified in paragraph 3; OR 561 562 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial status, 562 563 or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the approval of a 563 564 mortgage loan commitment; OR 564 565 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 565 566 (B) Unless otherwise checked in paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 566 567 following manners: 567 568 1. On account of purchase price; OR 568 569 2. As monies to be applied to Seller's damages; OR 569 570 3. As liquidated damages for such breach. 570 571 (C) rd 1?i Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 671 572 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller 572 573 will be released from further liability or obligation and this Agreement will be VOID. 573 574 28. MEDIATION (7-96) 574 575 ? NOT AVAILABLE 575 576 ? WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 576 577 gation on the part of any party to do so. 577 578 :1K ELECTED 578 579 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 579 580 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 580 581 signed by the parties will be binding, 581 582 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellersmome Buyers 582 583 Dispute Resolution System (see Mediation Notice). 583 584 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 584 565 585 586 Buyer Initials: A/S-2K Page 7 of 8 Seiler Initials: 585 587 29. SPECIAL CLAUSES (1-02) 588 (A) The following are part of this Al nent if checked: 589 ? Sale & Settlement of Other Property 598 Contingency Addendum (PAR Form SSP) 591 ? Sale & Settlement of Other Property Contingency 592 with Right to Continue Marketing Addendum 593 (PAR Form SSP-CM) 06, 589 ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 589 ? Tenant-Occupied Property Addendum (PAR Form TOP) Li Li 11 94 (B 595 .V D1i ?(@. V` \s ?St?QU\1$ ?(i\C'tC.. . 596 6)p- T? rn\JS}i ?'pk?l-Ve, P-}- or S t,,764`0 ar( ??due 597 ((/ P I 598 1 599 ri r2S\ Rib?t'. G1ar ndI 2dG2ec? i 1C5LF (h 600 ?r\crea.Se7 13??avs mr 601 L`602 603 Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. Loodos r? G Q '•b 664 605 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT, Return by facsimile transmission (FAX) of this on Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 607 to consult an attorney before signing if they desire legal advice. 608 609, Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 810 Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 511 Buyer has read and understands the notices and explanatory information set forth In this Agreement. 612 Buyer has received a Seller's Property Disclosure Statement before.signing this Agreement, if required by law (see Information Regarding 613 the Real Estate Seller Disclosure Law). 614 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this 6 616 15 Agreement. ' 1 1 617 BUYER'S MAILING ADDRESS: 3©© n x?,. W ' f r•?.1?---`'L ? ? _ 618 619 BUYER'S CONTACT NUMB I?'ISl•?1i 620 - 621 WI SS DA9 BUYER r 622 C? SS# ^ 623 624 WI _ BUYER 614 DA. 625 SS# 626 627 WITNESS BUYER DATE 628 SS# 529 530 Seller hereby approves the above contract this (date) 631 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of _ 532 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided 633 Seller, -,e" N '^^ ,,Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above 634 635 1 der has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 636 {17/y Sel Ier has received a statement of Seller's estimated closhig costs before signing Us Agreement. 637 Seiler has read and understands the notices and explanatorpinformation set forth in this Agreement. 638 639 SELLER'S MAILING ADDRESS: 640 641 SELLE 'ON1'AUP UMnisKtJf: 542 Via/ a --?3 0r 643 WI SELLER DATE 644 SS# 645 5?i 3-0.3 646 WITNESS SEL*^ R //1 /7tiG. Q DATE 0 SS#- 847 648 649 . WITNESS 'SELLER DATE 650 SS# - - 651 652 Brbker's/Licensees' Certifications (check all that. are applicable): - 653: ?' Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978E The undersigned Licensees involved in 654 - this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge -and.belief:. ;.- 655 Acknowledgement: The Licensees.involved in this transaction have informed Seller of Seller's obligations under The Residential Lea&Base& 656 Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and are aware of their responsibility to ensure compliance. 657 658 Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 659 the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of 660 these parties in connection with this transaction is attached to this Agreement. 661 662 ? Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance with 663 paragraph 28 of this Agreement. 664 665 BROKER FOR 0 DATE C/ 665 ACCEPTED ] 667 Via yName ?f)(Voqpd, 144 668 BROKER FOR B (C 669 ACCEPTED ] 570 571 A/S-2K Page 8 of 8 SELLER'S COPY Broker'sfee. 596 597 4 598 599J 600M 601 6024/ 603 604 605 006 607 608 609 610 611 612 613 614 615 615 617 618 519 628 621 622 623 624 625 526 627 628 629 530 631 632 633 634 635 635 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 658 857 858 659 660 661 662 653 664 655 888 667 668 669 670 671 ARR-25-03 FRI 09;11 AM 00 FAX NO, 0 P. 02 D r Blechler & 1111ery -UA 2843 North Front Street, Harrisburg, PA 17110 INCORPORATED Pit 717 221.1004 TAX 717 221.1005 ??atttnr 1 ?.9nt'r ? 03 Pennsylvania Association of >- Fr REALTORSO RFMUUH 'far tau br arW Gnlr behMHvW? i Y This form is recommended and approved for, but not restricted to use by, the members of the Pennsylvania Honto Inspectors CoaS and the J Pennsylvania Association of REAMRS& Users are authorized to reproduce unallered copies ortm; Home inspector Compliannooce Statement for personal or business use in connection with the performance ofa home inspection. For more in rbrmation about how to obtain additional copies orthis form please contact your local RFALTORXG or hone inspector. a TENT INFORMATION Client Name(s): Inspection Properly Address: a+ j YL INSPFCTOR ACKNOWT.FDG117F'NT (This portion to be filled out by the home inspector) 1 represent that (cheek one): (1 am fitll member in good standing of a national home inspection association* and that I will conduct a home inspection of the abovo propel'ly in accordance with the ethical standards and code ofeonduct or practice of that association and the Pennsylvania Home Inspection Law. OR Q I have not yet attained full membership in a national h6me inspectors association*, but will be supervised by a full momber in good standing who agrees to be responsible for the home inspection report by signing the report, and that i will conduct a [ionic inspection of the above property in accordance with the ethical standards and code of conduct or practice oC that association and the Pennsylv nia Home rnspection Law. _?? . L -?--- r?3 .._ y-z3 o q Biechler & Tillery Inc. Signohlre pate Inspection Co, - - 2843 North Front Street Inspector NaInc Address Harrisburg, PA 17110 Associntion in which membership is held MembcrNo. (717) 221.1004 (717) 221-1005 Supervising htspectorls Namc & Member No. (ifappticohic) Onto Phone FAX ?--'- • A nationol home inspection association is One that: 1) is operated on a not-for-proril basis and is not operated as a thanehise; 2) has member in more than 10 states; 3) requires that a person may not become a fall member unless the parson ham performed or participated in more than 100 hone inxpeclions and hax paood a rccngnized or accredited examination testing knowledge of the proper procedures for conducting a home inspection; and 4) requires that its members comply with a code of conduct mid attend continuing professional educational classes as an ongoing condition ormembership. COPYRIG IfT PENNSYLVANIA ASSOCIATION OF REALTORSO 2001 COPYRICJTI' PENNSYLVANIA HOME INSPECTORS COALr'rrnu,,,, White Copy: Cos Full Honte Inspections A Roden Tesfinp?Nl(Ipellon Agent 10102 ET'cl 5001-Tea read Palni Inspections - Terntfle lnsptwNlons yoala eiTtTt sn bP -idu APR-25-03 FRI 09111 AM 00 FAX NO. 0 P. 03 teller 24 03 11:13a Biechle Tillery 221-1005 p. 12 Wood Destroying Insect Infestation Inspection Report This is not a structural damage report. This form may not be altered, Inspection QO"GH?$14sLJjUfERY. INC. COMPLETE. HOME WSPECTIONG 2043-NORTH FRONT STREET HARRISaWRO, PA 17110 (717) 221.1D04 a FAX (717) 221.1005 Company's Business Lic. Ne: FHA/VA Cate No- (It any): Psopany Addrass: l 21_j ? 1 &s AV L e- )0A 1 7426- Section It. Inspectlon Findings Thii toped i.. indicativa ul' the sand itian ol'the Nubject suvctur.(x) air tine dale of illr inspection Only and is Noe to be Contilrtivo m an c %prestiur lnlpff ell wael do y or guarantla: ago all l;ttum. eelleca Cd. U1' I UlurC inronl ndun of dafcd.s. Aay such warranty Or SOMCC agreement to provide future treatment or in,pections may be prnvided as a &cparem oaachment and only if indicated in Section IV. St' 'Section IX tut aide 2 for• hnportatlt il(fnrmnNue- Based on a a9reful visual inspe01i0n of the readily accessible areas of 1110. sUUoldts(I) iaspeotad; a. No Vielble avidence of a wood dostroylng arsoct Intestauon was olob nVed. rb, Visible evidence of a wort destroying insect IOf05tarion was observed as follows! Ll Live insects; (doscdpUon&location): I J Inreet palls, bass, exit holes, orsheltor tubas, (deserlpfmn b location): Ll Damage Irom wood destroying Insects was ruled in the fallow ng Rvynrding visibio evidence of wood deblmying iflWet 1110 uniwcmr may find wood which has been dlnnaged by ittscet5 Ally damage noted .huuld bel coneidvred only is cvidenve of current or prcvinu5 iull•xlailun of wood deitroyinp Insects. Ir box to Is checked above, it ehvldd hV ondrrarund that smnr degree ref damage, Including hfddeu damage, ,guy be preseirt. The inspector's training and esporience do not gnalify, for fn.incukw in vLtmago evaluation or any other building cOnxtruUdIlli technology and/or repair. Upon receipt of this report, the Seller or file Sellri's Agcnl shall notify the Huycr that any chmuge should be esamined by a gnalilied individual to dotemmrie the aced Ill,- repair. Any visible evidence observed above oppordc : If?? active; treatment recommended el this time (Nola: FHA and VA require uvalmam lot all active infesladona) ?- Inactive; no treatment recunnnanded at this time i? Activity and need for treatment cannot be determined without further Invooegatien. Roaeon: _ In many nmGi, based Uplift Vleible si^„n6 of infestation by wood destroying in.ncm. it is not possible without benefit of suusequenr Inspertiuns and evldimriens over a period of tine to ascertain whether nn infestation is active or inaclive. Ira warranty or service agreement is in effect, the company which issued the warranty or service dgreament should be cunlarmd. if no warranty or service agreement is in effect. the inspecting vlnnpany or another company may provide treatment, If requested :red permitted by rcgulatiom. fur an Odddionhl Ice. L) Ithppoars that the sUOCture(s) or aponion thereof may havii been previaualy healed Evidonceoffeievloustroatment: I'MA eothpany can give no :u.maneeb with regard to work that stay line been previously perfumed by Ocher companies. The company whu:h treated the pruprny should for. conlautdd by file Bayer fur treatment and wu ninny inrimmalion. Section 111. Treatment was/is scheduled to be per formed by the iny>rding cnnlpany: EYes ?No Uato: 7n!nunafll Desulpdpn: -•• -^•-•-••° Section IV. ttaehments The following lixted ahachmeats am integral parrs of this inspection repun: Section V. Obstmictions & inaccessible Area, The Insppdcr may Willa Out Innrceddlblu areas or Th e foflou'itig areas or the structure(s) inbp e eted were nbrdruetcu or inaccessible (see item a on Iola 2): Use the loflaWng key! r ? Basemearil 1. hard Contra, 12, only vlsunl aao::u eraw)Spaee Main Level a -'Yi--'TJOr-?YV 9 ?- -_^_•„ --_? _ 2. suepOndad Ceiling 3. used wall covering 13. no access beneath 14. abalyded Condition Anic ..., _ ? y` a, floor Cavedn0 15.5lindinO water C•rr`rao 5. Insulation 10. donevcgowtian exterior LGt 12 ?V 6. C0binef3 or sholving %. Stored Items 17. exlanor Covorm9s 1B wneOw well - - . porch , dlver5 B. lurni.hfn0@ IA. woad into t- 'h( Addilion Other1s ?•?- "" •- 9. appliances lo. no' acces, or entry 20, snow 21. unealo eor.dninns C v 7: _ 11. limited accase section VII. Inspoetorrs S)gnatulw, Nelthar I nor the company for any interest in the which f atmpcring have,hnd, prescndy have, Or fon(cm(r(at. h;wiug pro" 1/ I Certification or fyoglstrallon No: (if appticmble)j Da1u of Inspection; Soot , State ment of Bu -23 -D, lo the scolxa and ililletym )imitatio Y BI er This report is integral to, and a necessary part of the inspccthtgx coil, pony's full disclosure as n; thcinspectionandmponoffindings.hismosfimpuslmnehaldu;intclrslddpnniesadmowledgel)lisadvice. T ho 5clicr hereto aglecs that all nmn propmty hlstory infomtUcion rcganlil'U W Oi )nfoktution, dtnnaBa front ;nfcstation, and treat has bean disclosed to the Buy.'. mom hosiery Signature of Soi laf(S) Dale: t7vyndt(5) (if tannamdrig) X ..._ _.._._...o..... ,..,-„y ,,...nowlrngcs recelpt of a copy of I)tlb rcpart Buyars Signature: Date: ^,,.... ?-w?--Y um ouyw ariaoellor85 VOICa01e. Alegiblis copyof thissignaturepage muSt hr, rtdurnsdto lheinspecling company by Cho person ordering INS incpoctlon. Sea $4000. IX on side 2 regaiding the; scope & limitations of the inspection & this report. Form. VA 26,6850 and HUD•s5?053 are obsolete after er30re5. Submit All Ori;julAl and two copies. Side 1 05 1995 National Pea Content ANrociulivn. All Rights Roseryed, No reproduction of thif feint is permiuod wilhnnt the express permssifo Coe'NPCA1 4 APR-25 -03 FRI 09:12 AM 00 Apr 24 03 11a13a Biechler Tillery Cl Slab ? Crawl Space • full • partial -40195onr5ut full '. ``??• part! at b6oundation Walls • poured concrete • prefab concrete • stone • olhar_„_.,. SI S2 Fromm Material wood ? •,_-..' metal • masonry • other_? M,Floor Framing trusses ?jotsls _) • ctim?ination • uther-- U Log Home / settled S5 Tooting: rotation / unstable_ / etusion dama e S6 Support Columns: unstable / cracks / warped / base / deterioration _ unanchored /rust __ S7 Floor Joists / Trussest cracks I deterioration / deflection / span SS Sltb-floor / Sill plate: rat // delamma^ ug S9 Wall Framing: clacks /deterioration /deflection bulge _ 510 Lintel: cracks / deterioration / deflection S I1 Beamt cracks /deterioration / deflection / spate/ cut S 12 Roof: Rafters / Trusses! cracks / deflection / size I s mid I repo-lr _S13 Roof Sbcathingedeterturatiort / delaminating /sagging /warped _ S14 Evidence of Wood Boring Pests S 15 Evidence of: rot/ moisture / condensation / mold? S 16 Attic Access: restricted / none S17 Evidence of Retrofit / Repair J SIR AmateurWorkmanshlP AND n' Pub. R&T Inspect, LLC ST ?q FoyWdaligFFluor c?oncr?re, • stone • dirt • other - Support Columns • block • tin, ck • meta! • woud • other _ ? Evidence of Wood Pest Treatment FAX NO. 0 221-100. gUCTURAL No; Roof Structure • ruftcrc • comhination • attic floor sheathing • other, FekAttic Access rTiatch • pull down stairs • other_ 866-261-0181 P. 04 P. 11 APR-25-03 FRI 09:12 AM Hpr 24 03 11;12a ylt M&TtY?1r,AC Furnace • oil_ • coal r 1 •1.P gas -wood • other_ Ll Heat Pump • air • geothermal • elcttrlc back-up • hydrokinetic • othcr- 1?leetric Resistance 0 Solar a' 0 Combinallon System s t 00 FAX NO, 0 Diechlel Ti llery 221-100 HEATING/COOLING NO; U11111K.UnON REAT AKXU IARY lIE&' wa-C r LAN"0 - Central Unit CJ Space Heater 0 Fuel Tank ide t bascn ant '?aragu -electric • gas s • inside • ou • LP • oil unit room oil . LP • other . • other . buried _._?.? Y Air Duet ? VPood/Coal Stove** Malp_k7t€! ShutotT YP '? b *'foiced air • gravity -?:-- ' CD Q C asemcul , ?nyriiicy i`oom D Boiler GI Heat Pump . exterior • steam • water t7 )Pall Unit • others,.,-•.- • radiators • baseboard C] Window Unit ? Hutttidiner • gravity • pulps • ther Central Air Unit Thermostat Control o C ` ^I men a se y? b central •mohiple U Radiant • attic c e 1 5s • v7 cr L^ --_ i7 CO Detector*** Q Multiple Zone • other ,__- Item No. , ATING/COOLING PROBLEMS Ma'or Minor Noted , } Equipment not O crated heat' 1 space to eaters contiitionet 1. then 112 Heat Pump ;operation / noisy / leaks / corroded / dirty / no backup / _ condenser/fan/location/ rust/aged ?-- trty / fire box 1 / corroded ! k /l i / - H • ea s no sy tirnac_,,3 operation X / heat exchanger / fan,/ high CO / danger / rust/ aged burner 7 _ H4 _ Boiler : o rQe ation t leaks I dirty /rust I aged H5 Air Conditioner : opcration / noisy t corroded / dirty I drain I condenser/ dry pan I Can / rust I a cd _ _ 116 Ciroulator / Condensate PUMP : operation I noisy / leaks 7 H S ace heaters : operatioMlr / noisy/ corroded / dirty 1 rust! danger _ _ H8 corroded / dirty I rust Humidifier : H9 _ - Wood Stove : clearances / materials / damper / rust _ _ I-I10 PU01 Took : leaks / placement I condition / abandoned "Atr riltcy: missing?'dot / not viewed / clecviu ant i r- Hi2 Ducts /Registers : placement / oot visible / noisy I missing / damage H13 nuts: installation I unsafe / damper t back draft I rust I damage 1-114 Heat / Cooling Distributiuci : none / inadequate / unevelr J _ 71-15 11te mostats % CvnhuLe opcration /broken / missing/ loose / location 1-11 ti Switches / Wirin : operation /burnt / broken I missing /loose H17 Valves 1 Pipes / Gan es:operation / missing / corroded / damage H18 Radiators / Baseboards : handles I leaks / covers - tO'IYJcei S Pone location I quantity F H2O TE Id'e"n'Za of Retrofir / Repair 1121 AmaEcur Workmanship Pub. B&T Inspect, LLC 866-261-0181 P. 05 p. 10 ' • Solar sytumt will nnl be inspa:ted; rcqu,ms special 6walualion. ^• CA ICOMO Mant4{ux, ucte?wi+ •,. ••?• •? +. Woad slows & F'urplacec are not tested. falerior of ebimncy Flues will not be inspwted; require: ;pcQi:d evstualien. APR-25-03 FRI 09:13 AM 00 FAX NO. 0 Apr, 24 03 11:1la Biechler Triler$ 221-100. BASEMENT/CRAWL SPACE No: ?; ?1laseratent r pai'ti n] D Cellar 0 Crawl Space • encored • inarcessiblc ? Slab ? Combination z • crntcr • alone • vinyl • carpet • dirt • other Wal ate lal painted lJ • Munn . _d • 7- other-.-- 11 Finished Basement ? Outside Entrance • partial L} Ventilation • complete' • windows ? Insulated Pipes en • partial (g Moisture Control • complete • sump pump Insulated Wall C,,ilin • floor-wall sluice pariial • wall sealant contplelc"' ? • drains tTl?eat%Coot s dehumidifier ? .• • partial • complete Item No. B1 hASk:MENT / CRAWL SPACE PROBLEMS Basement / Crawl Space Access : none I restricted I cluttered N • or 111[nnr Noted 132 Basement I Crawl Space Insulation : none /poor I panel I reversed / placement /fallen 7 damage _ B3 Basement: freshly painted / recently finished B4 Basement / Crawl Space : vapor barrier / odor / mold? / wood rot / wood contact, on dirt floor _ ?y _ RS Basement / Crawl Space : material resembles asbestos? II cnl /Crawl Space : floodin Loistiir2 see-Paso I wet I stains ?Basemmc 137 Bas menr 1 S acn Ventilation : none T oor B8 Basement/ Crawl Space: unheated / freoze hazard 19 Slab - Evidence of : moisture / wet 1310 Parginyt : loose /incomplete B 11 Sump Pump : operation /not operated/ out/ added later/ aged / 110 cover / discharge / access B 12 Area Drain At Outside Entrance : none / debris B13 hvidence of Reurofit / Repair _ B14 Amateur Workmansbip Pub. B&T Inspect, LLC 866-261.0181 P, 06 p.9 APR-25-03 FRI 09:13 AM 00 FAX NO, 0 Apr 24 03 11:11a Biechler TiIlerz3- 221-1005 P'" PLUMBING No,. jfJ Public Water C7 e"o'ntrol Units/Valves"' Water Heater ?" i 11 Sewtt?e • publie? • private 0 Private Well lei Internal Supply Lines g natur puntp • alarm main Shutoff Location -- -? V nt 'b • plastic • brass . cappep • galvanized • propane 1 Bathroom Malerinl? „? ?liberglas s ramie • • ) aseme . ti _ _. ttt'15y room • other • oil • other _ ? ce • enamel • vinyl • other Iiosebibbs , __cj0 ,.gallons • other 71 Main Supply piping b ? s?ce?Slard - proof _ . 6, _years ofd Washer** rass laa[t?, • • galvanized Pl' Fixture Shutoffs ? Drain/VentMateriol stte? 'case r?_.-...._ Dryer** ) gas t electri • • es • no me C . copper • galvanize ` d 'l*rYe atmen ment System' • some .ether P 1 Wator sup by not Turned on at time of inspection n P2 Water Main Shutoff : leaks / corroded / galvanized / access P3 Water Pump /Tank :operation / ntst /corroded / aged P4 Water Pressure Low ; tbroughout / localized $low Droll sle bathrab / shower stall to _P6 niTet : stains / leaks / loose / hardware / flush / floor / danta' P7 Shower / Tub / Whirlpool : stainsleaks / auress / door / floor / PS stains / leaks / loo fdamaggc_.,.? P9 Fixtures / Pop-LjO. vei7o leaks /loose /missing / Plo 13athrooru Tile : grou[ / caulk / damage P31a[h Far ;?>o oration /not y / exhaus7jnooc L.- ?c r: AS_leaks / corroded / missing / installanon I S-traps P13 Supply Pipes / Valves / Hosebibb : leaks / corroded / material / water hatnnrer /hangers 114 Drain Pi es; leaks/ corroded /loose/ slope / vent / dames P15 Water Healer : leaks / rust / vent / back draft / aged /size / access / noisy /'FP valve & extension / drip Pan P16 Dryer Vents : installation /length / material / damage P19 Frcoze Ilazud ; exterior hnsebibbs / pipes / P20 Lead Pi iN :supply / waste P21 Evidence of Retrofit / Repair D72 -Amnleur Workmanshin Item No. ' If PLUMisINC. COMMENTS AND DESCRIPTIONS /^J ?? Sn f F 15Y/••d?2. ?,c_eneo-v`en ?1.._l?s.e? •/lt _?sr>J._..`^ ra ??. i? e<ir_a .?r".•r? L ? ? t • Reguins sNviul ce6t111a. Not tested as part of the hump inspuwtion, ^r•pnly Ient?ed if rrqunsted. Full testing should be under taken prior to, or during final walkthtough. Pub. B&T Inspect, LLC 566.261.0181 P. 07 P-B APR-25 -03 FRI 0913 AM 00 Apr 24 " 03 litioa FAX NO. 0 P. 08 Biechlet Ti'llaraj 221-100. p.7 ELECTRICAL Ix Service (Af in`Pn ocation M Sub Panel • overhead `•?basement • basement • ri, HTo? • garage • garage 1tj" twl?Amps • other • kitchen 2(? • 150 11 Bre_Akera•-- • other- • 100 •60 • the mum and • sub anel • number VUeritl'al W ring o r^ p ? Upgraded Service C1 Fuses Grounding • main panel • ungrounded romex • metal plumbing...,.- • sub panel • knob & tube • gas piping rid M Mahn Disconnect • copper • aluminum • other,___ _ ? Upgraded Main Panel 1 No. Receptacle ?•"•' °- •? • 2-hole ?3-hQ?lti` 'upgraded adapters 131 Qwund Fault Devices bathroom jgarage • exterior • pool • bascmeut ?ltnel ^• _tchcn?) • o[hdr item No. ELECTRICAL PROBLEMS Ma•or Minor Noted L1 Clechic Service: not on at time of inspection / inadequate _ E2 Entrance Cable: undersized / hanging too low / drip leg loop / frayed / obstructed / loose E3 Meier Snse e seal /location / loose /rust G E5 .. A Ss : restricted / none Main / ub Panels : direct wir mtilt?lc tap's) blown fuses / ''Tiippc3 breakers /over fusing / lakes expansion room _ _ E6 Main / Sub Pancls : water / moisture / rust evidence / damage J F7 Fixtures / Boxes : operation / broken / open to weather / covers / high hat Hhis E8 GFCI Device : operation/ lack of 1:9 _Groundin Straps traps / Rod : missing / broken / loose E10 Wiring : burnt /frayed / impro er s dieing F,11 Knob and 7bbc wiring system E12 Aluminum General Lighting Circuits F13 Receptacles: dead / broken / ungrounded / reversed polarity / covers / burnt / painted / poor connections / loose B14 Receptacles : distribution / 3 hole ungrounded E15 Switches / Dimmers : operation / broken / covers E16 I Doorbell Licm / broken /CONTAC"1' HA^LARD ?C _ B18 > vidoncc of Retrofit /Repair Ii19 Amatcur Workmanshi G: Item No. ELECTRICAL AND DESCRIPTIONS t:'? ` 1 ?"WNCIL` LS ser1?J ,e.l Ref ^le N • ?v/r. 'c/ 1t.2 {Iylal••.l itr alim• ore t:r.:w r al c'a trnr/•:? hG? i)4 /FCl lcv, •i= Wire:^ d:.wvl FU II +l.ne.. H•le]?r?,J /R7•'051, C' . r'' /.2 _ / l d r t G < .4 i?S e) N V r--tee-!. ;i „iCr, .Stc13?+?y?. ., • GGaY? ?.•{ - Noi• 1,., C??vsrr.•,t' ?szL( t.r_rn,L" Pub. R&T Inspect, Li,C SG6-261-0181 CERTIFICATE OF SERVICE AND NOW, this o?3 day of , 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Nicholas Fox and Jessica Fox 124 Tory Circle Enola, PA 17025 CALDWELL & KEARNS By 04-101/68885 r? v r ,`-' C 1? ? r `?7 -d r ? C"1J ? 1?:1 f ?.7 "rJ m, ? __? ?) _ -':j R'? ? r ?; r.? C? ,. ?? JJ ?f NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Vs. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ail NO. 04-31t r ARBITRATION REQUIRED PRAECIPE TO THE PRONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendants Jonathan Emig and Denise Emig, his wife, in the above-captioned matter. Respectfu?Jy submitted: CALDWELL & KEARNS Date: p?'p2J?-? I Jame L. I'oldsmit , Esquire At me I.D. N ber 27115 3631 North Fr6fit Street - Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiffs NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Vs. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-321 ARBITRATION REQUIRED PRAECIPE TO THE PRONOTARY OF SAID COURT: Please withdraw my appearance on behalf of Defendants Jonathan Emig and Denise Emig, his wife, in the above-captioned matter. Respectfully submitted: SNELBAK:ER, BRENNEMAN & SPARE 1441f ?w Date: lraaw *7 °?l I Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 CERTIFICATE OF SERVICE AND NOW, this' 3 day 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Nicholas Fox and Jessica Fox 124 Tory Circle Enola, PA 17025 CALDWELL & KEARNS By f?;L 04-101/68925 r J , J: 'J 'V'1 I-1 !..•. ?i U7 __ici r?,? - a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Civil Action - Law V. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants AND NOW, TO WIT, this No. 04-231 Arbitration Required I day of March, 2004, come the Plaintiffs, Nicholas and Jessica Fox, and file the within Reply to Defendants' New Matter whereof the following is a statement: 24. Paragraphs 1-23 of Plaintiffs' Complaint are incorporated herein by reference as fully as though set forth at length. 25. Admitted. Exhibit "A" speaks for itself. 26. Admitted in part, denied in part. It is admitted that Plaintiffs engaged the services of a home inspector who had access to the property on the day of his inspection. Plaintiffs are without specific knowledge as to whether that access was "unfettered," or the home inspector's purpose for examining the basement and, to that extent, this allegation is denied and strict proof thereof is demanded. 27. Admitted in part, denied in part. It is admitted that Plaintiffs relied upon the home inspector's report, in addition to the representations made by Defendants in the Seller's Property Disclosure Statement, when purchasing the subject property. It is specifically denied that Plaintiffs did not rely upon the representations of Defendants. 28. Admitted. It is admitted that Plaintiffs received the home inspection report prior to settlement. By way of further answer, Exhibit "B" speaks for itself. WHEREFORE, Plaintiffs, Nicholas and Jessica Fox, demand judgment in their favor and against the Defendants in the amount of $4,360.00, together with interest and cost of suit, and for such other relief as the Court deems proper. Respectfully Submitted, BY: ,/?;l? ?r? NICHOLAS FOX BY: 2VnSSICA FOX 4 Tory Circle Enola, PA 17025 (717) 732-6127 VERIFICATION We verify that the foregoing facts are true and correct. We understand that false statements herein are made subject to penalties of 18 Pa. C.S. section 4904 relating to sworn falsification to authorities. Date: --5 1? I 42d r NICHOLAS FOX JESSICA F X CERTIFICATE OF SERVICE AND NOW, this -!i day of March, 2004, we, Nicholas and Jessica Fox, hereby certify that we have, this date, served a copy of Plaintiffs' Reply to Defendants' New Matter, by United States mail, addressed to Defendants in care of their attorney of record as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 BY: NICHOLAS FOX BY: SSICA FOX 4/24 Tory Circle Enola, PA 17025 (717) 732-6127 CJ o O r n `? U r UI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Civil Action - Law V. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants No. 04-231 Arbitration Required CERTIFICATE OF SERVICE AND NOW, this 2.44` day of March, 2004, we, Nicholas and Jessica Fox, hereby certify that we have, this date, served a copy of Plaintiffs' Response to Defendants' Request for Production of Documents, by United States mail, addressed to Defendants in care of their attorney of record as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 BY:,"-,rV NICHOLAS FOX BY: JESSICA`VOX 4 Tory Circle Enola, PA 17025 (717) 732-6127 n3 f.l T -t , C: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS FOX and JESSICA FOX, husband and wife, Plaintiffs Civil Action - Law V. JONATHAN EMIG and DENISE EMIG, husband and wife, Defendants No. 04-231 Arbitration Required CERTIFICATE OF SERVICE AND NOW, this 244` day of March, 2004, we, Nicholas and Jessica Fox, hereby certify that we have, this date, served a copy of Plaintiffs' Answers to Defendants' Interrogatories- First Set, by United States mail, addressed to Defendants in care of their attorney of record as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 9 BY: NICHOLAS FOX BY: -'24 Tory Circle Enola, PA 17025 (717) 732-6127 ?, r, ? ?? `? - . - - .' ? ,:?, , - , =?; r ?3 , ` ,(L 7 <..-, ?J Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor D'4 - 2.31 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573