HomeMy WebLinkAbout08-3888IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM H. LLOYD and SUZANNE C. LLOYD, : NO.: D ?- 3 S 8 8
Plaintiffs
V. CIVIL ACTION - LAW
BENJAMIN D. ROSENBERRY and STEPHANIE
M. ROSENBERRY, JURY TRIAL DEMANDED
Defendants
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons against the above-named defendants and forward them
to the sheriff for service at 7044 Molly Pitcher Highway North, Shippensburg, PA 17257.
DATE:
Girar . Rickards, Esquire
135 South Duke Street
York, PA 17401
(717) 845-4038
Attorney ID No: 58867
SUMMONS IN CIVIL ACTION
TO: THE ABOVE-NAMED DEFENDANTS
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED
AN ACTION AGAINST YOU.
DATE: BYO 8
rothonotary
co
9
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-03888 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LLOYD WILLIAM H ET AL
VS
ROSENBERRY BENJAMIN D ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
ROSENBERRY BENJAMIN D
to wit:
but was unable to locate Him
deputized the sheriff of FRANKLIN
in his bailiwick. He therefore
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On August 15th , 2008 , this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing 18.00
Out of County 9.00 ?OS
Surcharge 10.00 ?I
Dep Franklin Cc 72.20 p?
Postage .59
109.79
08/15/2008
GIRARD RICKARDS
Sworn and subscribe to before me
So answer
R. Thomas K ne
Sheriff of umberland County
this day of ,
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-03888 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LLOYD WILLIAM H ET AL
VS
ROSENBERRY BENJAMIN D ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
ROSENBERRY STEPHANIE M
but was unable to locate Her
deputized the sheriff of FRANKLIN
in his bailiwick. He therefore
serve the within WRIT OF SUMMONS
County, Pennsylvania, to
On August 15th , 2008 this office was in receipt of the
attached return from FRANKLIN
Sheriff's Costs: So answer
Docketing 6.00 %
Out of County .00 IoB ??
Surcharge 10.008 R. Thomas Kline
.00 Sheriff of Cumberland County
08/15/2008
GIRARD RICKARDS
Sworn and subscribe to before me
this day of
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
William H. Lloyd et of
VS.
Benjamin D. Rosenberry et al
SERVE: Benjamin D. Rosenberry
No. 08-3888 civil
Now, July 2, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of
Franklin
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, i5' Lk--q 4 , 20013, at 7r/.? o'clock M. served the
within W ®f SiawowoNb
upon IBAVA/Ar»iK R0XA& 8t JtAq
at ftYq Maly ATCH(We. P14A4V-1A-!V S-
by handing to REiyr/s.n„? 9
a copy of the original
and made known to 144" the contents thereof.
So answers,
c a P*" t... Nb gr ll
. J)ij?•+vy Sheriffof RPW.tAA) County, PA
COSTS
Sworn and subscribed before SERVICE $
me ,s / r?day of 20 or MILEAGE
AFFIDAVIT
RICHARD D. mccARN, Notary Public
Chambersburg Boro., Franklin County
My Commission Expires Jan. 29, 2011
In The Court of Common Pleas of Cumberland County, Pennsylvania
William H. Lloyd et al's
VS.
Benjamin D. Rosenberry et al
SERVE: Stephanie M. Rosenberry
Now, July 2, 2008
hereby deputize the Sheriff of
I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Franklin
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, /.' GJA&I , 20.eA, at .1 o'clock R M. served the
within t?,Q? ?,.f FUp" & Ar f
upon _ 101,, Joie i'frFx SeR?x
at
by handing to
No. 08-3888 civil
"a
a
copy of the original
and made known to fib the contents thereof.
So answers,
hal'P'14- ` ,
Sworn and subscrib efore
me this day of , 20 09
4
-0`7 Sheriff of ?J4M?/if?U-4) County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM H. LLOYD and SUZANNE C. LLOYD, :
Plaintiffs
V. :
BENJAMIN D. ROSENBERRY and STEPHANIE
M. ROSENBERRY,
Defendants
NOTICE
NO.: 08-3888 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en
contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y
por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM H. LLOYD and SUZANNE C. LLOYD, :
Plaintiffs
V.
BENJAMIN D. ROSENBERRY and STEPHANIE
M. ROSENBERRY,
Defendants
NO.: 08-3888 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' COMPLAINT
2
3
4.
5
6.
7
Plaintiffs William H. Lloyd and Suzanne C. Lloyd are adult individuals and husband and
wife residing at 113 Longview Drive, Shippensburg, Cumberland County, Pennsylvania.
Defendants Benjamin D. Rosenberry and Stephanie M. Rosenberry are adult individuals.
On or about June 6, 2006 the parties hereto entered into a contract for the sale and
purchase of 113 Longview Drive, Shippensburg, Cumberland County, Pennsylvania
(hereinafter referred to as `the premises.') A true and correct copy of the Agreement of
Sale is attached hereto as Exhibit A and incorporated herein by reference.
On or about January 18, 2006, the defendants signed a Sellers' Property Disclosure
Statement, which was provided to the plaintiffs prior to, or at the time of the execution of
the Agreement of Sale. A true and correct copy of the Seller's Property Disclosure
Statement is attached hereto as Exhibit B and incorporated herein by reference.
On June 30, 2006, the parties closed on the sale and purchase of the premises.
The plaintiffs purchased the premises for use as their home.
In paragraph 4 (b) of the Disclosure Statement, the defendants represented that the only
water leakage, accumulation or dampness in the basement was, "water had leaked into the
basement in the past. Window well coverings placed over the basement windows have
solved the problem."
In paragraph 4 (c) of the Disclosure Statement, the defendants represented that they were
unaware of any other repairs or other attempts to control any water or dampness problem
in the basement.
9. In paragraph 6 (a) of the Disclosure Statement, the defendants represented that they were
unaware of any past or present water leakage in the house.
10. In paragraph 16 (f) of the Disclosure Statement, the defendants represented that they were
unaware of any material defects of the property not otherwise disclosed in the form.
11. The form also states, "Seller shall cause buyer to be notified in writing of any information
supplied on this form which is rendered inaccurate by a change in the condition of the
property following completion of this form."
12. At no time did the sellers-defendants cause the buyers-plaintiffs to be provided any
writing to the effect that anything on the Disclosure Statement was inaccurate.
13. On or about the spring of 2007, plaintiffs learned that the basement of the premises had a
water infiltration problem that was not disclosed to them.
14. As a result of the water infiltration problem, plaintiffs had to have the basement gutted
and a sump pump installed.
15. Plaintiffs believe and therefore aver that additional expenses will be required to remedy
the water infiltration problem in the basement of the premises.
COUNT I - SELLERS DISCLOSURE ACT
16. Paragraphs 1 through 15 above are incorporated herein by reference as if set forth at
length.
17. In the sellers disclosure form, Defendants misrepresented that:
A. "water had leaked into the basement in the past. Window well coverings
placed over the basement windows have solved the problem.";
B. that they were unaware of any other repairs or other attempts to control any
water or dampness problem in the basement;
C. that they were unaware of any past or present water leakage in the house; and
D. that they were unaware of any material defects of the property not otherwise
disclosed in the form.
18. Plaintiffs relied on the representations of the Defendants in making their decision to
purchase the property.
19. Had the defendants properly disclosed what they knew, Plaintiffs either would not have
purchased the property or would have paid a reduced price for it.
20. The above misrepresentations and failure to disclose by the Defendants were material to
the transaction and represent a violation of Pennsylvania's Real Estate Sellers Disclosure
Act.
21. The Defendants are liable to the Plaintiffs for the costs of repair, remediation and
renovations that Plaintiffs has been and will be required to make to the property and a
claim is made therefor.
WHEREFORE, Plaintiffs William H. Lloyd and Suzanne C. Lloyd respectfully request
Your Honorable Court to enter judgement in their favor and against Defendants Benjamin
Rosenberry and Stephanie Rosenberry, jointly and severally, in an amount in excess of the
compulsory arbitration limit together with costs, interest and such other relief as is deemed
appropriate
COUNT II - FRAMMISREPRESENTATION
22. Paragraphs 1 through 21 above are incorporated herein by reference as if set forth at
length.
23. The Defendants made the misrepresentations in paragraph 17 above although they had
actual knowledge of the falsity of the representations or with reckless disregard for the
truth of the misrepresentations.
24. The Defendants made the misrepresentations with the intent to induce the purchase of the
property.
25. In the alternative, the Defendants negligently made the misrepresentations in
paragraph 17 above.
26. The Plaintiffs reasonably relied upon the Defendants' representations in making their
decision to enter a sales agreement and ultimately to purchase the property.
27. Plaintiffs believe and therefore aver that prior to June 30, 2006 the Defendants
constructed, or caused to be constructed an elevated floor in the basement of the premises
to conceal the water infiltration problem from prospective buyers.
WHEREFORE, Plaintiffs William H. Lloyd and Suzanne C. Lloyd respectfully request
Your Honorable Court to enter judgement in their favor and against Defendants Benjamin
Rosenberry and Stephanie Rosenberry, jointly and severally, in an amount in excess of the
compulsory arbitration limit together with punitive damages, costs, interest and such other relief
as is deemed appropriate
COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
28. Paragraphs 1 through 27 Above are incorporated herein by reference as if set forth at
length.
29. The misrepresentations of the Defendants, as more specifically set forth above,
is a violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. section
201-1 et. seq.
30. The Defendants' violation of the Unfair Trade Practices and Consumer Protection Law,
73 P.S. section 201-1 et. seq. entitles Plaintiffs to treble damages and counsel fees.
WHEREFORE, Plaintiffs William H. Lloyd and Suzanne C. Llyod respectfully request
Your Honorable Court to enter judgement in their favor and against Defendants Benjamin
Rosenberry and Stephanie Rosenberry, jointly and severally, in an amount in excess of the
compulsory arbitration limit together with treble damages, counsel fees, costs, interest and such
other relief as is deemed appropriate
DATE: August 25, 2008
irard E. c ards, Esquire
135 South Duke Street
York, PA 17401
(717) 845-4038
Attorney ID No: 58867
VERIFICATION
I verify that the statements made in this Plaintiffs' Complaint are based upon information
which has been furnished to counsel by me and information which has been gathered by counsel
in the preparation of this lawsuit. The language is that of counsel and not my own. To the extent
that the contents are based on upon information which I have given to counsel, it is true and
correct to the best of my knowledge, information and belief. To the extent that the contents are
that of counsel, I have relied on my counsel in making this verification. I understand that false
statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to unsworn
falsification to authorities.
William H. Lloyd
,?
uzanne . Lloyd
Date:
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-R
This farm recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSe (PAR).
SELLER' BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) c1`t?? st iM e N a? PHONE
LICENSEE(S)
BROKER IS THE AGENT FOR SELLER. OR (if checked below):
Broker is NOT the Agent for Seller and is alan: ? AGENT FOR BUYER
BROKER
BUYER'S BUSINESS
LICENSEE(S) Jti\'tL It tl<. C C? S
BROKER IS THE AGENT FOR BUYER. OR (if checked below):
Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER
esignated Agent? ? Yes ? No
? TRANSACTION LICENSEE
WITH PA LICENSED BROKER W Y N a
PHONE e_ ,,I:[?
Designated Agent? W Ys ? No
? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE
wnen the same Broker IS Agent for ?ietler anti Agent for Buyer, Broker is a Dual Agent. 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 Licensee is a Dual Agent.
1 1. lgbig Mlttent, dated t,? »l n, , is between i
2 SELLER(S): sc_ptA
c?
3
called "Seller," and 4
BUYER(S): ?A 1 6t? _ 5
fi
7 , called "Buyer." 7
ti 2. PROPERTY (9-05) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: s
9 ALL THAI' CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: 9
10 Dr
11 in the ffi of it .
12 County of t P, l in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; 12
;3 Lot, Block; Deed Book, Page, Recording Date): ; t}1t L. 1s
14 3. TERMS (9-05) 'SK, Tyt)?5"1 , Aims- of'AA " o 14
15 (A) Purchase Price
_
Ifi
-? ' U.S. Dollars, 1r,
<a
;t
22
23
?s
2I'
27
:s
70
so
31
32
5.3
34
which will be paid to Seller by Buyer as follows: 17
1. Cash or check at signing this Agreement: $ 18
2. Cash or check within
--a days of the execution of this Agreement: $ %5C?
3. $ 0
4. Cash or cashier's check at time of settlement:_ t ?•-+? -- 7rr? 2I
TOTA $ b, 9(?; "
(B) Deposits paid by Buyer within 0 DAYS of settlement will be by cash or cashier's check. Deposits, regardless of the form of payment and 23
the person designated as payee, will be paid in U.S. Dollars to Broker for Seller (unless otherwise stated here), 24
, who will retain 25
deposits in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any 26
check tendered as deposit monies may be held uncashed pendingthe acceptance of this Agreement. 27
(C) Seller's written approval to on or before: 28
(D) Settlement to be on 1.-NQ U
or efore if Buyer and Seller agree. 25
(E) Settlement will occur in the co my where the Property is located or in an adjacent county, during normal business hours, unless Buyer and
Seller agree otherwise. I < Zciv4? ;„u kA L
(F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
(G) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
_a: (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur-
1 rent taxes (see Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and homeowner asso-
3 , ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov-
39 ered. Seller will pay up to and including the date of settlement and Buyer will pay for all days following settlement, unless otherwise stat-
ed here:
41 Buyer Initials: A/S-R Page 1 of 10 Seller Initials: f
Pennsylvania Association of Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIArION OF REALTORSO 2005
®
REALTORS® 9/05
REAM(* Ida Wlce M, Real Fatah?in Penro,Mnla
30
31
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3G
37
3s
30
40
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42 4. FIXTURES & PERSONAL PROPERTY (9-05)
43 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; lighting fix-,
44 lures (including chandeliers and ceiling fails); water treatment systems; pool and spa equipment; garage door openers and transmitters; tele-
45 vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property at the time of set-
46 tlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens, storm windows and screen/storm doors;
47 window covering hardware, shades and blinds; awnings; built-in air conditioners; built-in appliances; and the range/oven unless otherwise
46 stated. Also included:
??[,
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so
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(B) LEASED items (not owned by Seller):
(C) EXCLUDED fixtures and items:
5. DATESITIME IS OF THE ESSENCE (9-05)
(A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence
and are binding.
(B) For purposes of this Agreement, the number of days will be counted from the date of execution, excluding the day this Agreement was exe-
cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated
full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated.
(C) The settlement date 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. All 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 parties.
6. MORTGAGE CONTINGENCY (9-05)
? WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing.
ELECTED.
(A) This sale is contingent upon Buyer obtaining mortgage financing as follows:
First Mortgage on the Property V Second Mortgage on the Property
Loan Amount $ 12. 41t -1 1T_? Loan Amount $
Minimum Term years Minimum Term years
Type of mortgage Type of mortgage
72 Mortgage lender
73 !
74 Interest rate however, Buyer agrees to accept the
75 interest rate as may be committed by the mortgage lender, not to
76 exceed a maximum interest rate of %.
77 Discount points, loan origination, loan placement and other fees charged
78 by the lender as a percentage of the mortgage loan (excluding any mort-
79 gage insurance premiums or VA funding fee) not to exceed
t±o % (0% if not specified) of the mortgage loan.
Mortgage lender
Interest rate %; however, Buyer agrees to accept the
interest rate as may be committed by the mortgage lender, not to
exceed a maximum interest rate of _%.
Discount points, loan origination, loan placement and other fees charged
by the lender as a percentage of the mortgage loan (excluding any mort-
gage insurance premiums or VA funding fee) not to exceed
(0% if not specified) of the mortgage loan.
i The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to guarantee the interest rate(s)
2 and fee(s) at or below the maximum levels stated. Buyer gives Seller the right, at Seller's sole option and as permitted by law and the mortgage
3 lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to make the above mortgage terms
4 available to Buyer.
5 (B) Within ___ days (10 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mortgage appli-
5 cation for the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage
W lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with the mortgage
2 lender(s) to assist in the mortgage loan process.
i9 (C) Should Buyer furnish false or incomplete information to Seller, Broker(s), or the mortgage tender(s) concerning Buyer's legal or
it financial status, or fail to cooperate in good faith in processing the mortgage loan application, which results in the mortgage lender(s)
refusing to approve a mortgage loan commitment, Buyer will be in default of this Agreement.
=2 (D) 1. Mortgage commitment date: ( ? 2_31. Q1e . If Seller does not receive a copy of Buyer's mortgage commitment(s) by this
date, Buyer and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement by written notice to Buyer.
a 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller.
5 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s):
40, a. Is not valid until the date of settlement, OR
47 b. Is conditioned upon the sale and settlement of any other property, OR
101 c. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR
d. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender(s)
ro within 7_ DAYS after the mortgage commitment date in paragraph 6 (D) (1), other than those conditions that are customari-
01 ly satisfied at or near settlement, such as obtaining insurance and confirming employment status.
G? 4. If this Agreement is terminated pursuant to paragraphs 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies
iMl will be retumed to Buyer according to the terms of paragraph 30 and this Agreement will be VOID. Buyer will be responsible for any costs incurred
10;01 by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for: (I) Title
106 search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extended cov-
erage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s
07 Buyer Initials: ?1 ?L AIS-R Page 2 of 10 Seller Initials:
Revised 9/05
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(E) If the mortgage lender(s), or an insurer providing property and casualty insurance as required by the mortgage lender(s), requires repairs to the
Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Seller. Within 5 DAYS of receiving the copy
of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's expense.
1. If Seller makes the required repairs to the satisfaction of the mortgage lender(s) or insurer, Buyer accepts the Property and agrees to the
RELEASE in paragraph 27 of this Agreement.
2. If Seller will not make the required repairs, or if Seller fails to respond within the time given, Buyer will, within _ 5 DAYS, notify
Seller of Buyer's choice to:
a. Make the required repairs, at Buyer's expense, with permission and access to the Property given by Seller; permission and access may
not be unreasonably withheld by Seller, OR
b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of paragraph
30 of this Agreement.
(F) ter Assist
NOT APPLICABLE
? APPLICABLE. Seller will pay:
? $ , or % of Purchase Price, maximum, toward Buyer's costs as acceptable to the mortgage lender(s).
FHA/VA, IF APPLICABLE
(G) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of
the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in
accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a
Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount
to be inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of
the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mort-
gage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property.
Buyer should satisfy himself/herself that the price and condition of the Property are acceptable.
Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration
Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or
publishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both"
(H) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" Buyer understands the importance of getting
an independent home inspection and has thought about this before signing this Agreement. Buyer understands that FHA will not
perform a home inspection nor guarantee the price or condition of the Property.
(I) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase
are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this
transaction is attached to this Agreement.
WAIVER OF CONTINGENCIES (9-05)
If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental conditions,
boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's failure to exercise any of
Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to
the RELEASE in paragraph 27 of this Agreement.
PERTY INSURANCE AVAILABILITY (9-05)
WAIVED. This Agreement is NOT contingent upon Buyer obtaining property and casualty insurance for the Property, although Buyer may
still obtain property and casualty insurance.
? ELECTED. Contingency Period: DAYS (15 if not specified) from the Execution Date of this Agreement.
Within the Contingency Period, Buyer will make application for property and casualty insurance for the Property to a responsible insurer. Broker
for Buyer, if any, otherwise Broker for Seller, may communicate with the insurer to assist in the insurance process. If Buyer cannot obtain
property and casualty insurance for the Property on terms and conditions reasonably acceptable to Buyer, Buyer will, within the Contingency
Period:
(A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR
(B) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of this
Agreement, OR
(C) Enter into a mutually acceptable written agreement with Seller.
If Buyer and Seller do not reach a written agreement during the Contingency Period, and Buyer does not terminate this Agreement by
written notice to Seiler within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement.
INSPECTIONS (9-05)
(A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials, and inspec-
tors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mort-
gage lender(s). Buyer may attend any inspections.
(B) Buyer may make a pre-settlernent walk-through inspection of the Property. Buyer's right to this inspection is not waived by any other provision
of this Agreement-
(C) Seller will have heating and all utilities (including fuel(s)) on for all inspections.
(D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Brayer.
(E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared.
8.
9.
108
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154
155
156
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165
165
167
168
169
176
i7t Buyer Initials: A/S-R Page 3 of 10 Seller Initials: '`` 171
Revised 9/05
172
173
174
175
176
177
178
179
180
IV
182
143
181
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167
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190
1411
192
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19G
131
198
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211
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214
2115
216
217
218
219
221
222
l.:_3
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277
IN
235
In. INSPECTION CONTINGENCY OPTIONS (9-05) 172
The inspection contingencies elected by Buyer in paragraphs 11-15 are controlled by the Options set forth below. The time periods stated in 173
these Options will apply to all inspection contingencies in paragraphs 11-15 unless otherwise stated in this Agreement. 174
Option 1. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 175
1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 176
2. If Buyer is not satisfied with the information stated in the report(s), terminate this Agreement by written notice to Seller, with all deposit 177
monies returned to Buyer according to the terms of paragraph 30 of this Agreement, OR 178
1 Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any 179
credit. to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 180
If Buyer and Seller do not reach a written agreement during the specified Contingency Period, and Buyer does not terminate this t81
Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 182
27 of this Agreement. 183
Option 2. Within the Contingency Period, as stated in paragraphs 11-15, Buyer will: 18q
1. Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR 185
2. If Buyer is not satisfied with the information stated in the report(s), present the report(s) to Seller with a Written Corrective Proposal 186
("Proposal') listing corrections and/or credits desired by Buyer. The Proposal may, but is not required to, include the name of a prop- 187
erly licensed or qualified professional to perform the corrections requested in the Proposal, provisions for payment, including retests, and 188
a projected date for completion of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 189
mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal, or by 130
a contractor selected by Buyer. 191
a. Within days (7 if not specified) of receiving Buyer's Proposal, Seller will inform Buyer in writing of Seller's choice to: 19G
(1) Satisfy the terns of Buyer's Proposal, OR 193
(2) Credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal, as acceptable to the mortgage lender(s), if any, OR 194
(3) Not satisfy the terms of Buyer's Proposal and not credit Buyer at settlement for the costs to satisfy the terms of Buyer's Proposal. 195
b. If Seller agrees to satisfy the terms of Buyer's Proposal or to credit Buyer at settlement as specified above, Buyer accepts the Property 196
and agrees to the RELEASE in paragraph 27 of this Agreement. 197
c. If Seller chooses not to satisfy the terms of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller fails 198
to choose any option within the time given, Buyer will, within _ days (5 if not specified): M
(1) Accept the Property with the information stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agreement, OR Zoo
(2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 201
graph 30 of this Agreement, OR 202
(3) Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or 203
any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. 104
If Buyer and Seller do not reach a written agreement during the time specified in Option 2, 2. c., and Buyer does not ter- 285
minate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the 206
RELEASE in paragraph 27 of this Agreement. 207
11. PROPERTY INSPECTION CONTINGENCY (9-05) (See Property and Environmental Inspection Notices) AM
Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, home inspectors, 209
engineers, architects and other properly licensed or otherwise qualified professionals, and may include, but are not limited to: structural connpo- :no
nents; roof; exterior windows and exterior doors; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; mt
electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fimgi, indoor air quality, asbestos, under- 212
ground storage tanks, etc.); electromagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 213
and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214
restrictions or ordinances) that apply to the Property and to review local zoning ordinances. Other provisions of this Agreement may provide for 215
inspections, certifications and/or investigations that are not waived or altered by Buyer's election here. 216
? WAIVED. Buyer has the option to conduct property inspections, certifications and/or investigations. Buyer WAIVES THIS OPTION and 217
agrees to the RELEASE in paragraph 27 of this Agreement. 218
ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. M
(A) Within the Contingency Period, Buyer, at Buyer's expense, may have inspections, certifications and/or investigations completed by proper- no
ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as defined in the Pennsylvania Home Z-,
Inspection Law (see Information Regarding the Home Inspection Law), the home inspection must be performed by a full member in good stand- 222
ing of a national home inspection association or a person supervised by a full member of a national home inspection association, in accordance 2!2;11
with the ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer, or a z2:1
properly licensed or registered architect. This contingency does not apply to the following existing conditions and/or items: 22.5
_ 2;16
z27
(B) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 22a
lowing Options as listed in paragraph 10 within the Contingency Period: t29
A Option 1 4A
? Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to c31
the RELEASE in paragraph 27 of this Agreement if the total cost to correct the conditions stated in the report(s) is less than 2:112
$ ($0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of paragraph 10, Option 2, shall 213
apply, except that Seller will be deemed to have satisfied the terms of Buyer's Proposal if Seller agrees to perform corrections 234
or offer credits such that the cumulative cost of any uncorrected or uncredited condition(s) is equal to the Deductible Amount. ;;;;
Buyer Initials: 3?•-K g
, A/S-R vie 4 of 10 Seller initials: Z30
Revised 9/05
12. WOOD INFESTATION INSPECTION CONTINGENCY (9-05) 237
? WAIVED. Buyer has the option to have the Property inspected for wood infestation by an inspector certified as a wood-destroying pests pesti- `, io
cide applicator. BUYER WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement.
ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement.
(A) Within the Con- enc P' A B t n
13.
14.
S } erto , uyer, a uyer s expense, may obtain a written Wood-Destroying insect Infestation Inspection Report" ,,ii
from an inspector certified as a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings pro- 21'?
vided by the inspector to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage lender requirements, iw
and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection is to be limited to all readily visible and accessible areas 21G
of all structures on the Property except fences and the following structures, which will not be inspected:
(I3) If the inspection reveals active infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain a Proposal from a wood- 14
destroying pests pesticide applicator to treat the Property. x':i:l
(C) If the inspection reveals damage from active or previous infestation(s), Buyer, at Buyer's expense, may within the Contingency Period, obtain -48
a written report from a professional contractor, home inspector or structural engineer that is limited to structural damage to the Property caused 254
by wood-destroying organisms and a Proposal to repair and/or treat the Property. 251
(D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Buyer will proceed under one of the fol- 2s,
lowing Options as listed in paragraph 10 within the Contingency Period: 263
? Option 1 A4
? Option 2 5w
STATUS OF RADON (9-05) (see Information Regarding Radon)
(A) Seller has no knowledge concerning the presence or absence of radon unless checked below:
? I. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 258
results of all tests indicated below: 259
DATE 'T'YPE OF TEST RESULTS (picoCuries/liter or working levels) 280
261
262
? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: %G'1
DATE RADON REDUCTION METHOD 464
k6l
i
.
--- 266
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 2,7
EITHER THE METHODS OR RESULTS OF THE TESTS. 2160
(B) RADON INSPECTION CONTINGENCY 244
\M WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and V of
/\ agrees to the RELEASE in paragraph 27 of this Agreement. 2;11
? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 272
Within the Contingency Period, Buyer, at Buyer's expense, may obtain a radon test of the Property from a certified inspector. If Seller 2.16
performs any radon remediation, Seller will provide Buyer a certification that the remediation was performed by a properly licensed and Fi,
certified radon mitigation company. 2715
1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoCuries/liter (4 pCi/L), Buyer accepts the ;'s
Property and agrees to the RELEASE in paragraph 27 of this Agreement. 277
2. If the written test report reveals the presence of radon at or exceeding 0.02 working levels or 4 picoCuries)liter (4 pCi/L), Buyer will 278
proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 279
? Option 1 280
? Option 2 261
STATUS OF WATER (9-05) 282
(A) Se ler represents that the Property is served by:
j( P
bli
t
W 283
u
c
a
er 284
? On-site Water 2t5
? Community Water 266
? None
2t2?
? 2511
(B) W P'ER SERVICE INSPECTION CONTINGENCY
WAIVED
Bu
r h
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ave an
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on o
e qua
y an
or quant
ty o
e water system
t
or the Property. BUYER WAIVES 23G
THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 2yt
? ELECTED. Contingency Period: days (15 if not specified) from the Execution Date of this Agreement. 2!z
1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of the water sys- 291
tem from a properly licensed or otherwise qualified water/well testing company. e94
2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water iR5
system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. x0;;
3. If Buyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will proceed under 2;7
one of the following Options as listed in paragraph 10 within the Contingency Period: 2gg
? Option 1 2519
? Option 2 300
'n?; Buyer Initials: C r A/S-R Page 5 of 10 Seller Initials: ,
Revised 9/05
302
303
304
'r15
?t117
soe
3c!9
3;it
15.
16.
17.
18.
STATUS OF SEWER (9-05) 302
(A) Se er represents that the Property is served by: 303
Public Sewer 304
? Individual On-lot Sewage Disposal System (see Sewage Notice 1) 305
? Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice l; see Sewage Notice 4, if applicable) 306
? Community Sewage Disposal System 307
? Ten-Acre Permit Exemption (see Sewage Notice 2) 308
? Holding Tank (see Sewage Notice 3) 309
? None (see Sewage Notice 1) 310
? None Available/Permit Limitations in Effect (see Sewage Notice 5) 311
? _ 312
(B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 313
WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER 314
WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 315
? ELECTED. Contingency Period; days (15 if not specified) from the Execution Date of this Agreement. 316
1. Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal Sys- 317
tem from a qualified, professional inspector. 318
2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to and empty the individual on- 31g
lot sewage disposal system. Seller will also restore the Property, at Seller's expense, prior to settlement. 320
3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 321
system, Buyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 322
? Option l 323
? Option 2 324
4. If the inspection report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 325
within 25 DAYS of receiving the inspection report, submit a Written Corrective Proposal ("Proposal") to Buyer. The Proposal 326
will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, includ- 327
ing retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no 320
Proposal is provided within the time given, Buyer will notify Seller in writing of Buyer's choice to: 32g
a. Agree to the terms of the Proposal, if any, whereupon Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of 330
this Agreement, OR 331
b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 332
graph 30 of this Agreement. 333
c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 334
any mortgage lender and/or any governmental authority, correct the defects before settlement or within the time required by the 3-35
mortgage lender and/or governmental authority, at Buyer's sole expense, and with permission and access to the Property given by 336
Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337
rect the defects, Buyer may, within 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all 338
deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement. 339
HOME WARRANTIES (9-05) 340
At or before settlement, either party may have the opportunity to purchase a home warranty for the Property from a third-party vendor. Buyer and 341
Seller understand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 342
existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343
Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344
home warranty may possibly receive a fee paid by the home warranty company. 345
ZONING CLASSIFICATION & VERIFICATION OF USE CONTINGENCY (9-05) 346
(A) Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable) is 341
zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option, and, if voided, any deposits 348
tendered by the Buyer will be returned to the Buyer without any requirement for court action. 340
Zoning Classification: 350
(B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement. 351
Within the Contingency Period, Buyer; at Buyer's expense, may verify that the present use ( ) 552
of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 353
notice that the present use of the Property is not permitted and that Buyer will: 354
1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 355
2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terns of paragraph 30 of 356
this Agreement. 357
If Buyer fails to respond within the Contingency Period or does not terminate this Agreement by written notice to Seller within that 358
time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 3?'.)
NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (9-05) 360
(A) Seiler represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner association assessments 361
have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller 362
or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncor- 3E3
rected, and That Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, unless otherwise 3F,
specified here: 365
(B) Seller knows of no other potential notices (including violations) and/or assessments except as follows: _`_ - 366
_ 3t,,
n,
;;;1 Buyer Initials: V ]lYt A/S-R Page 6 of 10 Seller Initials:
Revised 9/05
19.
20.
(C) in the event any notices (including violations) and/or assessments arc received after Seller has signed this Agreement and before settlement, 369
Seller will provide a copy of the notices and/or assessments to Buyer and will notify Buyer in writing within 5 DAYS of receiving file J70
notices and/or assessments that Seller will: ,f
1. Fully comply with the notices and/or assessments at Seller's expense before settlement. If Seller fully complies with the notices and/or <•7z
assessments, Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR ,a
2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the 374
time given to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: Ks
a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in paragraph 27 of ;376
this Agreement, OR "11-17
b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph °fs
30 of this Agreement. 3113
If Buyer fails to respond within the time stated in paragraph 18 (C) (2) or fails to terminate this Agreement by written notice to elq
Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement. 391
(D) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 days prior to settlement, Seller 3&2
will order at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zon- A3
ing, housing, building, safety or fire ordinances and/or a certificate permitting occupancy of the Property. If Buyer receives a notice of any 964
required repairs/improvements, Buyer will promptly deliver a copy of the notice to Seller. 3r;a
1. Within -_ DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will notify Buyer in writ- la,,s
ing that Seller will: I;i;7
a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairs/improvements, 3ctS
Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreement. OR 169
b. Not make the required repairs/improvements. If Seller chooses not to make the required repairs/improvements, Buyer will notify :j;t
Seller in writing within 5 DAYS that Buyer will: 3yl
(1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which will not
be unreasonably withheld, OR g;3
(2) Terminate this Agreement by written notice to Seller, with alI deposit monies returned to Buyer according to the terns of para- :;!)a
graph 30 of this Agreement. ;111;
If Buyer fails to respond within the time stated in paragraph 18 (D) (1) (b) or fails to terminate this Agreement by written notice
to Seller within that time, Buyer will accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, and Buyer 3vj
accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 3?1
2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before settlement to make 359
the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit -1C
monies returned to Buyer according to the terms of paragraph 30 of this Agreement. ;; I
3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Seller will -wr!
perform all repairs/improvements as required by the notice at Seller's expense. Paragraph 18 (D) (3) will survive settlement. ,
(E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 46.4
TIT LE, SURVEYS & COSTS (9-05) 411;
(A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance company at the regular rates, free and Vin
clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed restrictions; historic preservation 1,17
restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and <1Ci,
privileges or rights of public service companies, if any. 1109
(B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 'I-pi
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and ,,o
charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 4t
(C) Any survey or surveys required by the title insurance company or the abstracting attomey for preparing an adequate legal description of the 413
Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 414
lender will be obtained and paid for by Buyer. 415
(D) If Seller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specified . io
in paragraph 19 (A), Buyer will: ' 4i
1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of this 40:1
Agreement, OR 419
2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 12t1
this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 42i
according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2), (3) and in paragraph 19 (C). U12
(E) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Information 43,
Regarding Recreational Cabins): 4'U4
CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (9-05) 4i;i
NOT APPLICABLE 41c,
? APPLICABLE: CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. §3407 of the 427
Uniform Condominium Act of Pennsylvania (see Information Regarding Condominiums and Planned Communities) requires Seller to furnish 424'
Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regula- 42?1
tions of the association. 4,11)
? APPLICABLE-: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by 431
the Uniform Planned Community Act (see Information Regarding Condominiums and Planned Communities). §5407(a) of the Act requires lxz
Seller to famish Buyer with a copy of the Declaration (other than plats and plans), the bylaws the rules and regulations of the association, and 433
a Certificate containing the provisions set forth in §5407(a) of the Act. 43,,'
Buyer Initials: A/S-R Page 7 of 10 Seller Initials: _ 138
? 3
Revised 9/05
21
22.
23.
24.
25.
26.
27.
AAIA` 1'VL8,VY1V 11\V ^XALAL`J lV 11\\lA 11 11uJ ¦..-A I'll-•,:11\¦ VA't1 L.Vt?u Vivllivl VAV4 VA\!\ v a.t-fi ?.vi.i \. ?.?.vl„A\ii•a• i. •••-
(A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of 437
Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required td 434
provide these documents within 10 days of Seller's request 4;49
(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 of 440
the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any incorrect information provided by the associ- 441
ation in the Certificate. 44a
(C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after 4,13
receipt, OR until settlement, whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer declaring this Agreement void, all 444
deposit monies will be returned to Buyer according to the terms of paragraph 30 of this Agreement. 445
(D) If the association has the right to buy the Property (right of first refiisal), and the association exercises that right, Seller will reimburse Buyer for 4d6
any costs incurred by Buyer for any inspections or certifications obtained according to the terns of the Agreement, and any costs incurred by Buyer 44'/
for: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with 449^.
extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender(s). 445
MAINTENANCE & RISK OF LOSS (9-05) 450
(A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present condition, normal 151
wear and tear excepted. 452
(B) If any system or appliance included in the sale of the Property fails before settlement, Seller will: 453
1. Repair or replace the failed system or appliance before settlement, OR 454
2. Provide prompt written notice to Buyer of Seller's decision to: 455
a. Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender(s), if any, OR 456
b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 457
or appliance. 459
3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti- Otis
fy Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is earlier, that Buyer 4tiU
will: 40
a. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 4611.
b. 'terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 4t S
30 of this Agreement. 4n4
(C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, Buyer will: 465
1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 499
2. Terminate this Agreement by written notice to Seiler, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 4r,7
this Agreement. 469
COAL NOTICE (Where Applicable) 69
THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLP_ TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 470
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 471
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 472
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 In
right of protection against subsidence resulting from coal mining operatibns,'and that the property described herein may be protected from damage v7l
due to mine subsidence by a private contract with the owners of the economic interests in the coal. This `acknowleiigeriTent is made for the purpose 4+5
of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 476
to sign the deed from Seller which deed will contain the aforesaid provision. 47j7
POSSESSION (9-05) 470
(A) Possession is to be delivered by deed, keys and: 479
1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 490
2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 491
the execution of this Agreement, unless otherwise stated in this Agreement. 4,12
(B) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 493
(C) Seller will not enter into any new leases, extensions of existing leases or additional leases for the Property without the written consent of Buyer. 404
RECORDING (9-05) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. 485
If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 49fi'
ASSIGNMENT (9-05) This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent 4E-?
assignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other- 4ErV,
wise stated in this Agreement. 4ttt,
GOVERNING LAW, VENUE & PERSONAL JURISDICTION (9-05) fist
(A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the laws of the 491
Commonwealth of Pennsylvania. 492
(B) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 419„
shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 1104
RELEASE (9-05) 4114
Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or 40t
PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and 4K
all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether 0i
known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi or 49.1
indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water serv- SO(,
ice system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any 501
seller disclosure law or regulation, this release does not deprive Buyer of any right to pursue any remedies that may be available under law 562
or eauity. This release will survive settlement. 503
Buyer Initials: to ?bt SV
A/S-R Page 8 of 10 Seller Initials:. f r _ 5cY
Revised 9/05
sn
i0
;T=
28. REPRESENTATIONS (9-05) 505
(A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employ; 606
ces, officers or partners are not apart of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the ,iv ,7
whole agreement between Seller and Buyer, and there are no other terns, obligations, covenants, representations, statements or conditions, oral 5!) 8
or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing :;os
executed by the parties. 110
(B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically . it
listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT i,i2,
CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent exam- 513
ination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, ,I
the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of 515
any of the systems contained therein. 10
(C) Any repairs required by this Agreement will be completed in a workmanlike manner. s r
(D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. its
29. DEFAULT (9-05) Sty
(A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 520
1. Fail to make any additional payments as specified in paragraph 3, OR 521
2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 5-92
financial status, OR 523
3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 524
(B) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies: '115
1. On account of purchase price, OR 5.^,6
2. As monies to be applied to Seller's damages, OR 7
3. As liquidated damages for such breach. 528
(C) ® SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED DAMAGES. G2y
(D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 29 (B) or (C), Buyer and Seller 530
are released from further liability or obligation and this Agreement is VOID. 51,11
30. TERMINATION & RETURN OF DEPOSITS (9-05) 532
(A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price s33
will be returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534
ing to the terms of a fully executed written agreement between Buyer and Seller and as permitted by the Rules and Regulations of the State Real 53t,
Estate Commission. 536
(B) If there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 537
tled to deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to .,m
retain the monies in escrow until the dispute is resolved. In the event of litigation over deposit monies, a broker will distribute the monies accord- Gott
. ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 540
joined in litigation regarding deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s) will be paid by the party joining them.
31. REAL ESTATE RECOVERY FUND (9-05) 542
A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 543
owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 5;.4
and equitable remedies. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (out- 5s5
side Pennsylvania). 546
32. MEDIATION (9-05) 547
(A) Unless otherwise checked in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that arise from this Agreement to mediation 548
in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through 540
mediation and signed by the parties will be binding (see Information Regarding Mediation). 550
(B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Horne Sellers/Home Buyers Dispute Resolution System. 551
(C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 552
(D) ? MEDIATION IS WAIVED. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise, 553
but that there will be no obligation for any party to do so. 554
33. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE (Required for properties built before 1978) (9-05) 555
Lead-Based Paint Hazards Disclosure Requirements: The Residential Lead-Based Paint Hazard Reduction Act requires any seller of'prop- 5t:5
erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Randly front Lead in Your
Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the proper- Gt;
ty being sold, along with the basis used for determining that the hazards exist, the location of the hazards, and the condition of painted surfaces. `:59
Any seller of a pre-] 978 structure must also provide the buyer with any records or reports available to the seller regarding lead-based paint and/or st•o
lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. Before a st,i
buyer is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- 5a2
er agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint cast
hazards. The opportunity to conduct a risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is ii'i
required of the seller. Housing built in 1978 or later is not subject to the Act. 555
fX NOT APPLICABLE. Property was built in 1978 or later. tinA
? APPLICABLE. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and inspection 567
Contingency Addendum (PAR Form LPA) or another acceptable form with the information required by the Act, and provide Buyer 560
the pamphlet Protect Your Fancily from Lead in Your Horne. Buyer(s) must initial below that they have received both documents: -,:;;?
??? __ Lead-Based Paint Hazards Disclosure and Inspection Contingency Addendum (attached as part of this Agreement). s'rd
Protect Your Family front Lead in Your Home 5t t
Buyer Initials: wL? ?. _ A/S-R Page 9 of 10 Seller Initials:
Ri•vkM U/n4
J?u JY. OL L'?.1HL ?..LL1U OlLJ (1-V L)
74 (A) The following are part of this Agreement if checked:
575 ? Sale & Settlement of Other Property ?
57e Contingency Addendum (PAR Form SSP) ?
577 ? Sale & Settlement of Other Property Contingency ?
578 with Right to Continue Marketing ?
579 Addendum(PAR Form SSP-CM) ?
580 ($)
581
582
583
585
586 ? ?,??
SB7
Settlement of Other Property Contingency Addendum (PAR Form'SOP)
Tenant-Occupied Property Addendum (PAR Form TOP)
?..p?.
JAJ
C31 AA
588 tS.. Ac YD Q ()? `-9-9-"(-t
569 Y1 C1 j *=?'
590
591
592
593
594
595
596
597
^M Rj- ri,, PQ6r,,„£_rY\, J0 5T l(X"10C?IIUw+-
598 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing.
599 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are advised to consult 599
boo an attorney before signing if they desire legal advice. 600
ti01 Return by facsimile transmission (FAX) of this Agreement, and any addenda and amendments, bearing the signatures of all parties, constitutes 601
602 acceptance by the parties. 602
603 V Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 603
b04 9K uyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 604
605 Ill Buyer has read and understands the notices and explanatory information in this Agreement. 605
soft ? Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Information Regarding 6o6
607 the the Real Estate Seller Disclosure Law). 607
608 In Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this we
@09 Agreement. 609
rio BUYER'S MAILING ADDRESS: 610
611
512
1
WITNES ?,l ?1 ?01 ? .k' '
r;13 WITNESS
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
611
BUYERKA !,%& . t4 DATE 3',j • 612
BUYER DACE 613
614 WITNESS BUYER DATE
615 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
616 Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
617 Seller has read and understands the notices and explanatory information in this Agreement.
616 SELLER'S MAILING ADDRESS:
619 ---
620 WITNESS SELLER-/ ((??
` ` o-wi DATE
621 WITNESS SELLER ,n t 1 4J1IL+- DATE
622 WITNESS SELLER DATE
AIS-R Page 10 of 10
Revised 9105
614
615
616
617
618
619
620
621
622
SELLER'S COPY
COMMUNICATIONS WITH BUYER AND/OR SELLER
Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satisfied
by communication/delivery to the Broker for Buyer, if any. If there is no Broker for Buyer, those provisions may be satisfied only by
communication/delivery being made directly to the Buyer, unless otherwise agreed to by the parties.
Wherever this Agreement contains a provision that requires or allows communication/delivery to a Seller, that provision shall be satisfied
by communicationidelivery to the Broker for Seller, if any. If there is no Broker for Seller, those provisions may be satisfied only by
communication/delivery being made directly to the Seller, unless otherwise agreed to by the parties.
NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN'S LAW)
The Pennsylvania General Assembly has passed legislation (often referred to as "Megan's Law," 42 Pa.C.S. § 9791 et. seq.) providing for community
notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the
Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information
on the Peuasyivanta State Police Web site at www.pamc%anslaw4tate.¢a us.
INFORMATION REGARDING REAL ESTATE TAXES (Paragraph 3: Terms)
Real Estate Tax Proration: For purposes ofprorating real estate taxes, the "periods covered" by the tax bills are as follows:
Municipal Taxes: For all counties and municipalities in Pennsylvania, tax bills are for the period January 1 to December 31.
School Taxes: For all school districts, other than the Philadelphia. Pittsburgh and Scranton school districts, the period covered by the tax
bill is July 1 to June 30. For the Philadelphia, Pittsburgh and Scranton school districts, tax bills are for the period January 1 to
December 31.
Real Estate Assessment Notice: In Pennsylvania, taxing authorities (school districts and municipalities) and property owners may appeal the
assessed value for the property at the time of sale, or at any time thereafter. A successful appeal by a taxing authority may result in a higher
assessed value for the property and an increase in property taxes. Also, periodic county-wide property reassessments may change the assessed
value of the property and result in a change in property tax.
NOTICE TO BUYERS SEEKING MORTGAGE FINANCING (Paragraph 6: Mortgage Contingency)
The appraised value of the Property is used in determining the maximum amount of the loan and may be different from the purchase price and/or
market value.
PREPARED BY. RHEA FOUST, REALTOR
AS/R. Pennsylvania Association of REALTORSS
Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2005
ReaiFA$TS Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, RE/MA)t Realty Agency, Inc.
Buyer(s) 06106/06 09:33:17 Seller(s)
Page 12 of 20
PROPERTY & ENVIRONMENTAL INSPECTION NOTICES (Paragraph 11: Property Inspection Contingency)
Flood Plains: If the Property is located in a flood plain, Buyer maybe required to carry additional insurance.
Property Boundary/ Square Footage: Seller has not had the Property surveyed. Any fences, hedges, walls and other natural or constructed
barriers may or may not represent the true boundary lines of the Property. Any numerical representations of square footage of the structure(s)
and/or lot size are approximations only and may be inaccurate. If Buyer wishes to verify the Property's boundaries or square footage, Buyer
is advised to engage a professional surveyor or bbtainan independent measurement of the structure(sl and/or lot size.
Water Service: Buyer may elect to have the water service inspected by a professional water/well testing company. In addition, on-site
water service systems may have to meet certain quality and/or quantity requirements set by the municipality or the mortgage lender.
Wood-DestroyinglnsectInfestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter ants,
carpenter bees and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control companies are
available to inspect to determine whether wood-destroying insects are present. Because of the way these insects function, damage to
woad may be hidden. Careful selection should be made of skilled experts in the termitelpeat control field to insure romper determination
of whether wood-boring insects or resultant damage is present.
Exterior Insulation and Finish Systems (EIFS): Exterior Insulation and Finish Systems - sometimes referred to as synthetic stucco - are
multi-layered wall systems applied to the exterior of some homes. Poor or improper installation of EIFS may result in moisture penetrating
the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs near doors and windows,
gutters, the roof connection and at the lowermost edge of the exterior surface. Vulnerability to leakage depends on structure design as well
as the expertise and application skills of the contractor. Damage caused by water intrusion may be both extensive and expensive to repair
but may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an
inspector experienced in testing for EIFS-related problems who can determine the moisture content of the building's frame.
Asbestos: The heat resistant and durable nature of asbestos makes it useful in construction. The physical properties that give asbestos its
resistance to heat and decay are linked with several adverse health effects. Asbestos can easily break into microscopic fibers that remain
suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is known to cause Asbestosis
and various forms of cancer. Inquiries or requests for more information about asbestos can be directed to the U.S. Environmental Protection
Agency, Ariel Rios Building, 12DO Pennsylvania Ave., N.W., Washington, D.C. 20460, and/or the Department of Health, Commonwealth of
Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120.
Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that
EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue.
Environmental Hamrds: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which are
restricted by law. Gtr"aliy, if hazwdaus substances are found on a property, it is the property ova-&s respimsibiMy to dispose of their pvopely.
For more information and a list of hazardous substances, contactthe U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania
Ave., N.W., Washington, D.C. 20460, (202) 260-2090.
Wetlands: Wetlands are protected by the federal and state governments. Buyer may wish to hire an environmental engineer to investigate whether
the Property is located in a wetlands area to determine if permits for plans to build, improve or develop the property would be affected or denied
because of its location in a wetlands area
Mold, Fungi and Indoor Air Quality: Indoor mold contamination and the inhalation of bioaerosols (bacteria, mold spores, pollen and viruses)
have been associated with allergic responses including upper respiratory congestion, cough mucous membrane irritation, fever, chills, muscle
ache or other transient inflammation or allergy. Claims have been asserted that exposure to mold contamination and bioaerosols has led to serious
infection, immunosuppression and illnesses of neuro or systemic toxicity. Sampling of indoor air quality and other methods exist to determine
the presence and scope of indoor contamination. Because individuals may be affected differently, or not affected at all, by the presence of mold
or other bioaerosols, Buyer may wish to engage the services of a qualified professional to undertake an assessment and/or sampling of the
Property. Assessments and samplings for the presence of mold and bioaerosols can be performed by qualified industrial hygienists, engineers,
laboratories and home inspection companies that offer these services. Information about indoor air quality issues is available through the U.S.
Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington, D.C. 20013-7133, 1-800-438-4318.
PREPARED BY: RHEA FOUST, REALTOR
AS/R . Pennsylvania Association of REALTORSO
Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2005
RealFA$T® Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, REIMAX Realty Agency, Inc.
Buyer(s) 06/06/06 09:33:17 Seller(s)
Page 13 of 20
INFORMATION REGARDING THE HOME INSPECTION, LAW 68 Pa. C.S.A. § 7501, et seq.
(Paragraph 11: Property Inspection Contingency)
Applicability: The Home Inspection Law applies to "residential real estate transfers," defined as a sale, exchange, installment sales contract, lease with
an option to buy, grantor other transfer of an interest in real property where NOT LESS THAN ONE AND NOT MORE THAN FOUR
RESIDENTIAL DWELLING UNITS are involved. (See Information Regarding The Real Estate Seller Disclosure Law (exceptions 1-8) for a
list of exceptions to this general rule.)
The following definitions are taken from the text of the Home Inspection Law
Home Inspection: A noninvasive, visual examination of some combination of the mechanical, electrical or plumbing systems or the structural and
essential components of a residential dwelling designed to identify material defects in those systems and components, and performed for a fee in
connection with or preparation for aproposed or possible residenti al real estate transfer. The term also includes any consultation regarding the property
that is represented to be a home inspection or that is described by any confusingly similar term. The term does not include an examination of a single
system or component of a residential dwelling such as, for example, its electrical or plumbing system or its roof. The term also does rick indudc an
examination that is limited to inspection for, or of, one or more of the following: wood-destroying insects, underground tanks and wells, septic
systems, swimming pools and spas, alarm systems, air and water quality, tennis courts and playground equipment, pollutants, toxic chemicals and
environmental hazards. The scope of a home inspection, the services to be performed and the systems and conditions to be inspected or excluded
from inspection may be defined by a contract between the home inspector and the client.
Home inspection report: A written report on the results ofa home inspection.
A home inspection report shall include:
(1) A description of the scope of the inspection, including without limitation an identification of the structural elements, systems and subsystems
covered by the report
(2) A description of any material defects noted during the inspection, along with any recommendation that certain experts be retained to
determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an unreasonable risk to
people on the property shall be conspicuously identified as such.
A home inspmtm shall stint express either orally ar in vtiriting an estimate of the cost to repair any defed found during a home inspection, except that
such an estimate may be included in a home inspection report if
(1) the report identifies the source of the estimate;
(2) the estimate is stated as a range of costs; and
(3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved.
Seller shall have the right, upon request, to receive without charge a copy of any inspection report from the party for whom it was prepared.
Home inspector: An individual who performs a home inspection.
National home inspectors association: Any national association of home inspectors that:
(1) Is operated on a not-for-profit basis and is not operated as a franchise.
(2) Has members in no more than ten states.
(3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections
and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection.
(4) Roquires that its members comply with a code of conduct and attend continuing professional education classes as an ottgping condition
of membership.
A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home
inspector is a full member in good standing of a national home inspection association.
Material defect: 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. The fact that a structural element, system or subsystem is near, at or beyond
the end of the normal useful life of such a structural elemertl, system or subsystem is not by itself a material defect
INFORMATION REGARDING RADON (Paragraph 13: Status of Radon)
Radon is a natural, radioactive gas thatis produced in the ground by thenormal dwayof uranium and radium. Studies indicate thatextended exposure
to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space, including basements and crawl spaces and
can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon is at or
exceeds 0.02 working levels or 4 picoCuries/liter (4pCi/L). If a house has a radon problem, it usually can be cured by increased ventilation and/or by
preventing radon entry. Any person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of
Environmental Protection. Information about radon and about certified testing or mitigation firms is available through Department of Environmental
Protection, Bureau of Radiation Protection, 13th Floor, Rachel Carson State Office Building, P.O. Box 8469, Harrisburg, PA 17105-8469, (800)
23RADON or (717) 783-3594.
PREPARED BY,. RHEA FOt1ST, REALTOR
ASIR. Pennsylvania Association of REALTORS®
Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2005
ReaIFA$T® Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, RE/MAX Realty Agency, Inc
Page 14 of 20
Buyer(s) 06106/06 09:33:17 Seller(s)
SEWAGE NOTICES (Paragraph I5: Status of Sewer)
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT
PROPERTY.
Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, request bid proposals for
construction., alter, repair or occupy any building or structure for which an individual sewage system is to be installed, without first
obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency
charged with administering the Act to determine the procedure and requirements for obtaining a permit for an individual sewage
system. The local agency charged with administering the Act will be the municipality where the Property is located or that municipality
working cooperatively with others.
NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-ACRE
PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACT.
(Section 7 provides that a permit may not be required before installing, constructing, awarding a contract for construction, altering,
repairing, or connecting to an individual sewage system where a ten-acre parcel or lot is subdivided from a parent tract after
January 10, 1987). Buyer is advised that soils and site testing were not conducted and that, should the system malfunction, the owner
of the Property or properties serviced by the system at the time of a malfunction may be held liable for any contamination, pollution,
public health hazard or nuisance which occurs as a result.
NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS
CONVEYED BY A WATRIt CARRNiNG SYSTEM AND WHICH IS DESIGNILD AND CONSTRi1CTED TO
FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvania Sewage
Facilities Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its installation or December
14, 1995, whichever is later.
NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT
IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to
minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum horizontal isolation
distance between an individual water supply or water supply system suction line and treatment tanks shall be 50 feet. Subsection (c)
of §73.13 states that the horizontal isolation distance between the individual water supply or water supply system suction line and
the perimeter of the absorption area shall be 100 feet.
NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE
LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A
STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY
COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE
FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
PREPARED BY: RHEA FOUST, REALTOR
AS/R. Pennsylvania Association of REALTORS@
Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2005
ReaIFA$TS Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, REIMAX Realty Agency, Inc.
Buyer(s) 06/06106 09:33:17 Seller(s)
Page 15 of 20
.INFORMATION REGARDING RECREATIONAL CABINS (Paragraph 19: Title, Surveys & Costs)
The following definitions and requirements are taken from the Pennsylvania Construction Code Act (35 P.S. §7210.101 et. seq.)
A Recreational Cabin is a structure which is:
(1) Utilized principally for recreational activity;
(2) Not utilized as a domicile or residence for any individual for any time period;
(3) Not utilized for commercial purposes;
(4) Not greater than two stories in height, excluding basement;
(5) Not utilized by the owner or any other person as a place of employment;
(6) Not a mailing address for bills and correspondence; and
(7) Not listed as an individual's place ofresidence on a tax return, driver's license, car registration or voter registration.
A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act if:
(1) The cabin is equipped with at least one smoke detector, one fire extinguisher and one carbon monoxide detector in both the kitchen and
sleeping quarters; and
(2) The owner of the cabin files with the municipality either:
(a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the fact that the cabin meets the
definition of a "recreational cabin" in Section 103 of theAct; or
(b) A valid proof of insurance for the recreational cabin, written and issued by an insurer authorized to do business in this Commonwealth,
stating that the structure meets the definition of a "recreational cabin" as defined in Section 103 of the Act.
It a recreational cabin is subject to excinsion from the PennsylvmAn Construction Code All, capon tri msfer of otwneisbip of the recreational
cabin, written notice must be provided in the sales agreement and the deed that the recreational cabin:
(1) is exempt from this Act;
(2) May not be in conformance with the uniform construction code; and
(3) Is not subject to municipal regulation.
Failure to comply with this notice requirement shall render the sale voidable at the option of the purchaser.
INFORMATION REGARDING CONDOMINIUMS AND PLANNED COMMUNITIES
(Paragraph 20: Condominium/Planned Community (Homeowner Association) Resale Notice)
Definition of a Condominium
The Uniform Condominium Act defines a "condominium" as real estate, portions of which are designated for separate ownership and the remainder
of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests
in the common elements are vested in the unit owners.
Definition of a Planned Community
The Uniform Planned Community Act defines a "planned community" as real estate with respect to which a person, by virtue of ownership of an
interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay
any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real
estate other than the portion or interest owned solely by the person. The term excludes a cooperative and a condominium, but a cooperative or
condominium may be part of a planned community. For the purposes of this definition, "ownership" includes holding a leasehold interest of more
than 20 years, including renewal options, in real estate. The term includes non-residential campground communities.
Exemptions from the Uniform Planned Community Act and the Uniform Condominium Act:
When a Certificate of Resale Is Not Required
The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the following
circumstances;
(1) The Planned Community/Condominium contains no more than 12 units, provided there is no possibility of adding real estate or subdividing
units to increase the size of the planned community or condomium.
(2) The Planned Community/Condominium is one in which all of the units are restricted exclusively to non-residential use, unlessthe declaration
provides that the resale provisions are nevertheless to be followed.
(3) The Planned Community/Condominium or units are located outside the Commonwealth of Pennsylvania.
(4) The transfer of the unit is a gratuitous transfer.
(5) The transfer of the unit is required by court order.
(6) The transfer of the unit is by the government or a governmental agency.
(7) The transfer of the unit is the result of foreclosure or in lieu of foreclosure.
Notices Regarding Public Offering Statements and Right to Rescission
If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Public Offering Statement
and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than the date the buyer executes this
Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offering Statement and any amendments that materially and
adversely affect Buyer. For planned communities, the Declarant must provide the Buyer with a copy of the Public Offering Statement and its
amendments no later than the date the Buyer executes this Agreement. Buyer may cancel this Agreement within 7 days after receiving the Public
PREPARED 9Y: RkIEAFOUST, REALTOR
ASIR. Pennsylvania Association of REALTORSO
Revised 9105 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2005
ReelFA$T® Software, 02006, Version 6.16. Software Registered to: Steven S. Spray, REIMAX Realty Agency, Inc.
Buyer(s) 06/06106 09:311 T Seller(s) Page 16 of 20
Offering Statement and any amendments that materially and adversely affect Buyer.
PREPARED BY: RHEA FOUST, REALTOR
AS/R. Pennsylvania Association of REALTORSO
Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSe 2005
Rea1FA$T8 Software, 92006, Version 6.16. Software Registered to: Steven B. Spray, RE/MAX Realty Agency, Inc.
Buyer(s) 06106/06 09:33:17 Page 17 of 20
Seller(s)
LEAD WARNING STATEMENT (FOR PROPERTIES BUILT BEFORE 1978)
(Paragraph 33: Residential Lead-Based Paint Hazard Reduction Act Notice)
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may
present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children
may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired
memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide
the buyer with any informationon lead-based paint hazards from risk assessments or inspections in the scRec's possession and notify the buyer of any
known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
INFORMATION REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW
(Page 10: Signature Page)
The Real Estate Seller Disclosure Law requires that before an agreement of sale is signed, the seller in a residential real estate transfer must make
certain disclosures regarding the property to potential buyers in a farm defined by the law. A residential real estate transfer is defined as a sale,
exchange, installment sales contract, lease with an option to buy, grant or other transfer of an interest in real property where NOTLESSTHANONE
AND NOT MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved.
The Law defines a number of exceptions where the disclosures do not have to be made:
1. Transfers that are the result of a court order.
2. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sales that result from default.
3. Transfers from a co-owner to one or more other co-owners.
4. Transfers made to a spouse or direct descendant.
5. Transfers between spouses that result from divorce, legal separation or property settlement.
6. Transfers by a corporation, partnership or other association to its shareholders, partners or other equity owners as part of a plan of liquidation.
7. Transfer of a property to be demolished or converted to non residential use.
8. Transfer of unimproved real property.
9. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust.
10. Transfers of new construction that has never been occupied when:
a. The buyer has received a one-year warranty covering the constniction;
b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized model
building code; and
c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
In addition to these exceptions, disclosures for condominiums and cooperatives are limited to the seller's particular unit(s). Disclosures regarding
common areas or facilities are not required, as those elements are already addressed in the laws that govern the resale of condominium and
coaptra m. SRte, tsts.
PREPARED BY: RHEA FOUST, REALTOR
AS/R . Pennsylvania Association of REALTORSO
Revised 9/06 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 2006
ReaIFA$T® Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, RE/MAX Reaky Agency, Inc.
Buyer(s) 06/06!06 09:33:17 Seller(s) Page 18 of 20
INFORMATION REGARDING MEDIATION (Paragraph 32: Mediation)
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in writing
to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum to an agreement
of sale, or through a separate written agreement.
2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate Mediation
DRS Transmittal Form (Transmittal Form) to the local Association of REALTORSO (hereafter "Administrator"). The Transmittal Form
should be available through the Administrator's office. The initiating party should try to include the following information when sending the
completed Transmittal Form to the Administrator:
a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have the Administrator contact the other
parties to the dispute to invite them to join the mediation process.
b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every insurance company known
to have received notice of the dispute or claim and the corresponding file or claim number.
c. Abri ef statement of the facts of the &spate and the damages or relief sougbt.
3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the dispute a
copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then hasten days to review the list of mediators,
cross off the name of any mediator to whom the party objects, and return the list to the Administrator. The Administrator will appoint
the first available mediator who is acceptable to all parties involved.
A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mediator to that dispute, unless
all parties are informed and give their written consent.
4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The parties will
follow the payment terms contained in the mediator's fee schedule.
5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties and set the
date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all parties. The mediation
conference should not be more than sixty days from the mediator's appointment to the dispute.
6. Conduct of Mediation Conference The parties attending the mediation conference will be expected to:
a. Have the authority to enter into and sign a binding settlement to the dispute.
b Produce all information required for the mediator to understand the issues of the dispute. The information may include relevant written
materials, descriptions of witnesses and the content of their testimony. The mediator can require the parties to deliver written materials
and information before the date of the mediation conference.
The mediator presiding over the conference:
a Witt impartially conduct an orderly settlement tmgotiatiaa.
b. Will help the parties define the matters in dispute and reach a mutually agreeable solution.
c. Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach a settlement.
Formal rules of eAdencewJA not apply to the mediation conference.
7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and
the other parties of the intent at least ten days before the conference.
8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This
includes, but is not limited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the
course of the mediation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions,
or proposals.
No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator.
Records, reports, and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration, judicial, or
other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all the parties.
Neither the mediator nor the Administrator can be compelled to testify in arty proceeding regarding information given or representations made
either in the course of the mediation or in any confidential communication.
9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and all parties
will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable effort will be made to sign
the written agreement at the end of the conference.
10. Judicial Proceedings and Immunity NErrHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION OF REALTORS, THE
PENNSYLVANIA ASSOCIATION OF REALTORS, NOR ANY OF ITS MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY
JUDICIAL PROCEEDINGS RELATING TO MEDTATION UNDER THESE RULES AND PROCEDURES, NOR WILL ANY OF TTIF.tI?f SER VWG UNDER THESE PROCEDURES
BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SELLERS/HOME
PREPARED BY: RHEA FOUST, REALTOR
AS/R. Pennsylvania Association of REALTORSO
Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2005
RealFAST® Software, 02006, Version 6.16. Software Registered to: Steven B. Spray, RE/MAX Realty Agency, Inc.
Buyer(s) 06106106 09:33:17 Seller(s) Page 19 of 20
BUYERS DISPUTE RESOLUTION SYSTEM.
PREPARED BY: RHEA FOUST, REALTOR
AS/R. Pennsylvania Association of REALTORSO
Revised 9/05 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2005
ReaIFAST® Software, 02006, Version 6.16. Software Registered to: Steven S. Spray, RE/MAX Realty Agency, Inc.
Buyer(s) 06/06/06 09:33:17 Seller(s) Page 20 of 20
1 Property Address:
2 v 2
,_?-fieller• 1? ? 3
A seller must sclose to a buyer all kno n material defects about prope being sold that are not readily observable. This disclosure 4
5 statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the property being 5
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 foi' 7
a 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 a
9 representation by any listing real estate broker (Agent for Seller), any real estate broker, or their agents. Buyer is encouraged to address 9
io concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the io
11 obligation to disclose a material defect that may not be addressed on this form 11
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
15 1.
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17
18 2.
19
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21 3.
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23
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27
99_
38 4
31
32
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40 5.
41
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43
SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, or other eas r lated to the
construction and conditions of the property and its improvements, except as follows: 1,3RI J rm l( C6j )1Q r
OCCUPANCY Do you, Seller, currently occupy this property? "Yes ? No
If "no," when did you last occupy the property?
ROOF
(a) Date roof installed. 091 Documented? ? Yes ? No [9-16nknown
(b) Has the roof been replaced or repaired during your ownership? ? Yes 12"No
If yes, were the existing shingles removed? ? Yes ? No ? Unknown
(c) Has the roof ever leaked during your ownership? ? Yes E"No
(d) Do you know of any problems with the roof, gutters or down spouts? ? Yes
Explain any "yes" answers that you give in this section:
BASEMENTS AND CRAWL SPACES (Complete only iiff pplicable)
(a) Does the property have a sump pump? ? Yes L' NNo ? Unknown
(b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? 12-'Yes C1 No
If "yes" describe in detail: . Ilc o
w nr6bkm.
(c) Do you knoow?f any pairs or other attempts to control any water or dampness problem in the basement or crawl space?
? Yes V No
If "yes," describe the location, extent, date, and name of the person who did the repair or control effort:
TERMITES/WOOD DESTROYING INSECTS, DRYROT, PESTS
(a) Are you aware of any termites/wood destroying insects, dryrot, or pests affecting the property? ? Yes
(b) Are you aware of any damage to the property caused by termites/wood destroying insects, dryrot, or pests?
(c) Is your property currently under contract by a licensed pest control company? ? Yes E;?r`No
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
3E
37
3E
3f
/ 41
C?'7 No 41
? Yes C-Po 4,
44 (d) Are you aware of any termite/pest control reports or treatments for the property in the last five years? ? Yes
45 Explain any "yes" answers that you give in this section:
VNo
46
47
48 6. STRUCTURAL ITEMS Z Yes (a) Are you aware of any past or present water leakage in the house or other structures? (1d Yes ? No (SeC 0,boVe
so (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other struc-
51 tural components? ? Yes 5?*Ro
52 (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
? Yes [9' 0
Explain any "yes" answers that you give in this section. When explaining efforts to control or repair, please describe the loca-
55 tion and extent of the problem, and the date and person by whom the work was done, if known:
56
57
58 Page 1 of 4 Seller's Initials: 6418<)e
r`
2/No
4:
a
4:
41
4,
41
C
51
55'
5
5
SELLER'S PROPERTY DISCLOSURE STATEMENT . Form 128=2
Gd
s7
6E
11;1vc you rnaac any actattions, structural changes, or other alterations to the property?
63
64 8.
65,...
E.
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
67
88
89
9o,_9.
92
93
94
95
96
WATER AND SEWAGE
(a) What is the source of your drinking water?
public ? Community System ? Well on Property Other (explain)
(b) If your drinking water source is not public:
When was your water last tested? What was the result of the test?
Is the pumping system in working order? ? Yes ? No
If "no," explain:
(c) Do you have a softener, filter, or other purification system? ? Yes 3"Ro
If yes, is the system ? Leased ? Owned
(d) What is the type of sewage system? Cg-fublic Sewer ? Community Sewer
? On-Site (or Individual) sewage system
If On-Site, what type? ? Cesspool ? Drainfield ? Unknown ? Other (specify):
Is there a septic tank on the Property? ? Yes 9-*Ro ? Unknown
If yes, what is the type of tank? ? Metal/steel ? Cement/concrete ? Fiberglass ? Unknown
? Other (specify):
Other type of sewage system (explain):
(e) When was the on-site sewage disposal system last serviced?
(f) Is there a sewage pump? ? Yes Er"Ro
If yes, is it in working order? ? Yes ? No
(g) Is either the water or sewage system shared? ? Yes C`No
If "yes," explain:
(h) Are you aware of any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-related items?
? Yes Q4No
If "yes," explain:
PLUMBING SYSTEM
(a) Type of plumbing: 2"Copper ? Galvanized ? Lead ? PVC ? Unknown
Other (explain):
(b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath-
room fixtures; wet bars; hot water heater; etc.)? ? Yes "0
If "yes," explain:
97 10. HEATING AND AIR CONDITIONING
98 (a) Type of air conditioning: [B"C"entral Electric ? Central Gas
99 Number of window units included in sale Location
oo (b) List any areas of the house that are not air conditioned: a CPr
? Wall ? None
59
60
61
62
63
64
65
66
67
68
6S
,70
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98
99
1ao
v v 101
i01
!02 (c) Type of heating: 9-flectric ? Fuel Oil ? Natural Gas CRY[fopane (On-site) 102
103 Are there wood or coal burning stoves? ? Yes (+-'Ro If yes, how many? Are they working? ? Yes ? No 103
104 Are there any fireplaces? ? Yes Leto If yes, how many? Are they working? ? Yes ? No 104
M Other types of heating systems (explain): 105
! 106
05
X07 (d) Are there any chimneys? ? Yes Q`No If yes, how many? Are they working? ? Yes ? No 107
ia8 When were they last cleaned? 108
09 (e) List any areas of the house that are not heated.. Llt _e- 199
1 110
0
11
(f)
Type of water heating: Electric ? Gas ? Solar 111
f12
Other: 112
i3 (g) Are you aware of any underground fuel tanks on the property? ? Yes o 113
114
llr--- If yes, describe:
Are you aware of any problems with any item in this section? ? Yes 93-90 114
115
If "yes," explain: 116
n7
i18 11.
ELECTRICAL SYSTEM Are you aware of any problems or repairs needed in the electrical system? ? Yes C9-INo
117
118
19 If "yes," explain: 119
129 Page 2 of 4 Seller's Initials: 120
`22
123
1?4
125
126
127
IL]
130
131
132
133
134
115
136
137
138
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140
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142
1.43
144
145
1.16
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149
15o
1°,1
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17.7
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181
i1V JALZ' (complete only if applicable) 121
Equipment and appliances ultimately included in the sale will be determined by negotiation and according to the-terms of the 122
Agreement of Sale.
"E 12
(a)
2
lectric Garage Door Opener No. of Transmitter: .
(b)
Smoke Detectors How many?_ Location 12?
(c)
? Security Alarm System 0 Owned ? Leased Lease Information 12:
(d)
? Lawn Sprinkler No. ? Automatic Timer IN
(e)
2"'Swimming Pool ? Pool Heater ? Spa/HotTub 12;
oollSpa Equipment (list): ft'(?CY, pllMlJi f7(IIC?CS, III?CU[im has Cmr?al re?ri ef?Ql' c?
Y
'r 121
12!
(f) i?T
RRefrigerator R
Range ErMicrowave Oven Dishwasher ? rash Compactor Garbage Disposal 131
(g) ? Washer ? Dryer
(h) ? tntercom 13,
(i) L
[`3?Ceiling fans No. Location (13 d9ltr X_ /Dp/Y1S 111 l/S -13:
(j)
Other: 010 S ow n s 13.
Are any items in this section in need of repair or replacement? ? Yes P"Ro ? Unknown 13i
13!
If "yes," explain:
?? 131
"
13. LAND (SOILS, DRAINAGE, AND BOUNDARIES) 13
(a)
Are you aware of any fill or expansive soil on the property? ? Yes Eg"Ro 131
(b) 13,
Are you aware of any sliding, settling, eartl?i movement, upheaval, subsidence, or earth stability problems that have occurred on 141
ff
? ? Y
h
or a
ect t
e property
es No
14
Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsi- 14;
dence damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine 14:
Subsidence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (412) 941-7100. 14,
(c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? 141
? Yes F"o
(d)
To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? ? Yes e-*"No 141
14
(e) Do you know of any past or present drainage or flooding problems affecting the property? ? Yes P No 14;
(f) Do you know of any encroachments, boundary line disputes, or easements? ? Yes P No 14,
Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, the 151
easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to 15
determine the existence of easement and restrictions by examining the property and ordering an Abstract of Title or searching 15:
the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale. 15.
(g) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? 15
? Yes [YNO
15
Explain any "yes" answers that you give in this section: 15
15
14. HA
ZARDOUS SUBSTANCES 15
15
(a) Are you aware of any underground tanks or hazardous substances present on the property (structure or soil) such as, but no t 16
limited to, asbestos, Polychlorinated biphenyls (PCBs), Urea Formaldehyde Foam Insulation (UFF1), etc.? ? Yes F9 o 16
(b) To your knowledge, has the property been tested for any hazardous substances? ? Yes G/No 16
(c) Do you know of any other environmental concerns that might impact upon the property? ? Yes "o 16
Explain any "yes" answers that you give in this section: _ 16
(d) Do you know of any tests for radon gas that have been performed in any buildings on the Property? 2`y?es ? No 16
16
If yes, list date, type, and results of all tests below: 16
cc''DATE L TYPE OF TEST RESULTS (picocuries/liter or working levels)
(' CIRL?
V
t1be in QLa lei
7b
n&
i
o
)
-s
v
? 16
l
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L
ur ou_
m
:
n
I
f
,
6
lx 16
17
(e) Are you aware of any radon removal system on the Property? Yes ? No 17
17
If yes, list date installed and type of system, and whether it is in working order below: 17
DATE INSTALLED TYPE OF SYSTEM WOI;KIIVG ORDER 17
cyac alL p,-\ I& t lvaaa PA (1/Yes ? No 17
\1J Q ? Yes ? No 11
O Yes ? No 11
(f) If Property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the 17
Property. Are you aware of any lead-based paint or lead-based paint hazards on the Property? ? Yes OINo n
If yes, explain how y u know of it, where it is, and the condition of those lead-based paint surfaces:. 'IJ
(} if
S wk IQ
"t 1E
182 Page 3 of 4 Seller's Initials: by` /'
c- NL- it
-- 1n, ... • -Vwu - "Uk cu, Ul 11 consuueuon oegan, bezore 1978, you must disclose any reports or records of lead-based paint 1t3
A4 on the Property.•Are you aware of any reports or records regarding lead-based paint or lead-based paint hazards onthe Property? 1a4
tss If Yes ? No
?aF if yes, list all available reports and records: 1s?
1e7 1a1
188 18'
181
1a9 15. CONDOMINIUMS AND OTHER HOMEOWNERS A/1ATI mplete only if applicable) 1
8'
Type: ? Condominium ? Cooperative ? Homon or Planned Community 191
1 y 1 Other
19-
192 Notice regarding Condominiums, Cooperatives, and Plaities: According to Section 3407 of the Uniform Condo- 1
9;
193 minium Act (68 Pa. C.S. §3407 (relating to resale of unit.S. §4409 (relating to resale of cooperative interests)] and 19:
194 section 5407 of the Uniform Planned Community Act [68 (relating to resale of units)], a buyer of a resale unit in a• 19,
195 condominium, cooperative, or planned community must rthe declaration (other than the plats and plans), the by- 19:
196 laws, the rules or regulations, and a certificate of resale ' sued by the association in the condominium, cooperative, or planned com- 19(
197 munity. The buyer will have the option of canceling t agreement with the return of all deposit monies until the certificate has been 19
19a provided to the buyer and for five days thereafter until conveyance, whichever occurs first.
149 19.
19!
200 16. MISCELLANEOUS
201 (a) Are you aware of any existing or thre erred legal action affecting the property? ? Yes 28
2"No 28.
202 (b) Do you know of any violations off eral, state, or local laws or regulations relating to this property? ? Yes B"No 20;
203 (c) Are you aware of any public impr vement, condominium or homeowner association assessments against the property that remain 20:
204 unpaid or of any violations of ning, housing, building, safety or fire ordinances that remain uncorrected? ? Yes 9-No 2u,
7019 (d) Are you aware of any judg nt, encumbrance, lien (for example co-maker or equity loan) or other debt against this property that 20:
245 cannot be satisfied by th roceeds of this sale? ? Yes ? -Ko W
287 (e) Are you aware of any r son, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 20
208 property? O Yes o 20
209 (f) Are you aware o ny material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 29,
210 ? Yes
21
- i 1 A material feet is a problem with the property or any portion of it that would have a significant adverse impact on the value of 21
212 the resid tial real property or th* involves an unreasonable risk to people on the land. 21
21.3 Explai any "yes" answers that you give in this section: 21
214 21
21
2.a
21
217 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 21
218 of Seller's knowledge. Seller hereby authorizes the Agent for Seller to provide this information to prospective buyers of the prop- 21
%1Q erty and to other real estate agents. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 21
%2n CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form 22
221 which is rendered inaccurate by a change in the condition of the property following completion of this form. 22
222
22
223
22
224
22
225
zz
226 SELLER DATE / (? (0 22
227 SELLER DATE 22
228 SELLER DATE
22
229 22
230
231
232
233
234
235
236
237
238
??o
241
242
243
244
RECEIPT AND ACKNOWLEDGEMENT BY BUYER
The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement Is not a warranty and that, unless
stated otherwise in the sales contract, Buyer is purchasing this property in Its present condition. It is Buyer's responsibility to satisfy himself or herself as
to the condition of the property. Buyer may request that the property be inspected, at Buyer's expense and by qualified professionals, to determine the con-
dition of the structure or its components.
BUYER DATE
BUYER DATE
BUYER DATE
Page 4 of 4
23
23
23
23
2;
21
2'
21
2E
2'
V
24
21
21
21
CERTIFICATE OF SERVICE
I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have
served the defendant with a true and correct copy of the foregoing Plaintiffs' Complaint, via first
class mail, postage prepaid as follows:
Mr. Benjamin D. Rosenberry
Mrs. Stephanie M. Rosenberry
7044 Molly Pitcher Highway South
Shippensburg, PA 17257
Date: August 25, 2008
Girard E. 'ckards
1
C ? ?w
F:\HLES\C6ents\13180 Rosenberry\] 3180.I.answer.nm
Revised: 3/9/10 8:07AM
FILED-?C_"! E
nr,J TAi?'{
tF THE MAR - 9 Pry ? ?
David A. Fitzsimons, Esquire 20 10
I.D. Number 41722 CJhf_.
Jacob M. Theis, Esquire
I.D. Number 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Defendants
WILLIAM H. LLOYD and SUZANNE C., IN THE COURT OF COMMON PLEAS OF
LLOYD CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
NO. 08-3888
V.
CIVIL ACTON - LAW
BENJAMIN D. ROSENBERRY and
STEPHANIE M. ROSENBERRY,
Defendants. JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: WILLIAM H. LLOYD and SUZANNE C. LLOYD, Plaintiffs, and their attorney,
GIRARD E. RICKARDS, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINST YOU.
ANSWER WITH NEW MATTER
AND NOW, come Defendants, Benjamin D. Rosenberry and Stephanie M. Rosenberry, by
and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER,
filing this Answer and New Matter to Plaintiffs' Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted in part and denied in part. Admitted that in June 2006, the parties entered
into a contract for the sale and purchase of 113 Longview Drive, Shippensburg, Cumberland County,
Pennsylvania (hereinafter "the premises.") However, Exhibit "A" is a writing that speaks for itself,
and any averment inconsistent therewith is expressly denied"
4. Admitted in part and denied in part. Admitted that there is attached to the Complaint
as Exhibit "B" a Seller's Property Disclosure Statement signed by Defendants. However, Exhibit
"B" is a writing that speaks for itself, and any averment inconsistent therewith is expressly denied.
5. Admitted.
6. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 6. Said
averments therefore are denied and strict proof thereof is demanded at trial.
7. Admitted in part and denied in part. Admitted only that there is attached to the
Complaint as Exhibit "B" a Seller's Property Disclosure Statement signed by Defendants. Exhibit
"B" is a writing that speaks for itself, and any averments inconsistent therewith are expressly denied.
8. Admitted in part and denied in part. Admitted only that there is attached to the
Complaint as Exhibit "B" a Seller's Property Disclosure Statement signed by Defendants. Exhibit
"B" is a writing that speaks for itself, and any averments inconsistent therewith are expressly denied.
9. Denied. Defendants stated in the Disclosure that they were aware of past or present
water leakage in the house, and even referenced their answer to Paragraph 4. By way of further
answer, Exhibit "B" is a writing that speaks for itself, and any averments inconsistent therewith are
expressly denied.
10. Admitted in part and denied in part. Admitted only that there is attached to the
Complaint as Exhibit "B" a Seller's Property Disclosure Statement signed by Defendants. Exhibit
"B" is a writing that speaks for itself, and any averments inconsistent therewith are expressly denied.
11. Admitted in part and denied in part. Admitted only that there is attached to the
Complaint as Exhibit "B" a Seller's Property Disclosure Statement signed by Defendants. Exhibit
"B" is a writing that speaks for itself, and any averments inconsistent therewith are expressly denied.
12. Admitted. By way of further answer, the Disclosure Statement was accurate, and
Defendants had no reason to believe that the truth of the statements made therein had changed or
otherwise become inaccurate.
13. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 13. Said
averments therefore are denied and strict proof thereof is demanded at trial.
14. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 14. Said
averments therefore are denied and strict proof thereof is demanded at trial.
15. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 15. Said
averments therefore are denied and strict proof thereof is demanded at trial.
COUNT I - SELLERS DISCLOSURE ACT
16. The answers to paragraphs 1 through 15 are incorporated herein by reference as if set
forth at length.
17. Denied. The averments of Paragraph 17 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required, all
statements made on the Seller's Disclosure were and are an accurate reflection of Defendants'
knowledge.
18. Denied. The averments of Paragraph 18 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required, any
and all representations made by Defendants were a full and complete disclosure of their knowledge.
10. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of Paragraph 19. Said
averments therefore are denied and strict proof thereof is demanded at trial. To the extent a response
is deemed required, Defendants did disclose what they knew.
20. Denied. The averments of Paragraph 20 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants made no misrepresentations nor failed to disclose information, and therefore, there is no
violation of Pennsylvania's Real Estate Sellers Disclosure Act.
21. Denied. The averments of Paragraph 21 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants cannot be liable to Plaintiffs because there has been no misrepresentation, failure to
disclosure, and therefore, no violation of the Pennsylvania Real Estate Sellers Disclosure Act.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs'
Complaint with prejudice and enter judgment in their favor and against the Plaintiffs, together with
an award of such costs, interest and other relief as the Court deems just and reasonable.
COUNT II - FRAMMISREPRESENTATION
22. The answers to paragraphs 1 through 21 are incorporated herein by reference as if set
forth at length.
23. Denied. The averments of Paragraph 23 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge, and therefore, made no
misrepresentations.
24. Denied. The averments of Paragraph 24 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge, and therefore, made no
misrepresentations.
25. Denied. The averments of Paragraph 25 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge with specific details, and therefore, made
no misrepresentations, negligent or otherwise.
26. Denied. The averments of Paragraph 26 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge with specific details, and therefore, made
no misrepresentations, negligent or otherwise.
27. Admitted in part and denied in part. It is admitted that Defendants constructed an
elevated floor in a portion of the basement for the purpose of finishing and insulating the basement.
It is denied that such construction was for the purpose of concealing water infiltration problems or
any other fraudulent purpose. On the contrary, Defendants believe that the infiltration that was
observed was addressed through installation of window well covers.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs'
Complaint with prejudice and enter judgment in their favor and against the Plaintiffs, together with
an award of such costs, interest and other relief as the Court deems just and reasonable.
COUNT III - UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
28. The answers to paragraphs 1 through 27 are incorporated herein by reference as if set
forth at length.
29. Denied. The averments of Paragraph 29 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge, and therefore, made no
misrepresentations.
30. Denied. The averments of Paragraph 30 constitute conclusions of law to which no
responsive pleading is required by the Pa.R.C.P. To the extent a response is deemed required,
Defendants fully and completely disclosed their knowledge, and therefore, made no
misrepresentations.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs'
Complaint with prejudice and enter judgment in their favor and against the Plaintiffs, together with
an award of such costs, interest and other relief as the Court deems just and reasonable.
NEW MATTER
31. The foregoing responses to the Complaint are incorporated herein by reference and
realleged as a defense.
32. Before the sale ofthe premises, Defendants observed a small amount ofwater coming
into the basement from around the basement windows.
33. Defendants related the observed condition to driving rain running down the siding
which pooled in the basement window wells.
34. Thereafter, and still before the sale of the premises, Defendants had window well
coverings installed over the basement windows to address these observed problems.
35. After installation of the window well coverings, Defendants no longer experienced
water infiltration in the basement and believed the condition was resolved.
36. After installation of the window well coverings, Defendants finished a portion of the
basement for use as a therapy room for their child.
37. As is common with basement finishing, Defendants constructed a raised, or "floating"
floor to insulate the therapy room from the cold basement floor.
38. Thereafter, Defendants did not experience any evidence of water infiltration in the
therapy room for the time that they owned and occupied the premises.
39. Neither the Defendants nor their child's therapist experienced any evidence of water
infiltration in the therapy room for the time that they owned and occupied the premises.
40. On the Seller's Disclosure attached to Plaintiffs Complaint as Exhibit "B,"
Defendants checked "Yes" in response to the question: "Are you aware of any water leakage,
accumulation, or dampness within the basement or crawl space?"
41. On the Seller's Disclosure attached to Plaintiffs Complaint as Exhibit "B,"
Defendants stated as follows: "Water had leaked into the basement in the past. Window well
coverings placed over basement windows have solved problem."
42. On the Seller's Disclosure attached to Plaintiffs Complaint as Exhibit "B,"
Defendants checked "Yes" in response to the question: "Are you aware of any past or present water
leakage in the house or other structures?"
43. On the Seller's Disclosure attached to Plaintiffs Complaint as Exhibit "B,"
Defendants checked "No" in response to the question: "Do you know of any repairs or other attempts
to control any water or dampness problem in the basement or crawl space?"
44. Defendants have made the required disclosures under the Seller's Disclosure Act, and
therefore, have not violated the same.
45. Paragraph 28 of the Agreement of Sale attached to Plaintiffs' Complaint as Exhibit
"A," titled "REPRESENTATIONS," states in pertinent part as follows:
All representations, claims, advertising, promotional activities, brochures or plans of
any kind made by Seller, Brokers, their licensees, employees, officers or partners are
not a part of this Agreement unless expressly incorporated or stated in this
Agreement. This Agreement contains the whole agreement between Seller and Buyer,
and there are no other terms, obligations, covenants, representations, statements or
conditions, oral or otherwise, of any kind whatsoever concerning this sale. This
Agreement will not be altered, amended, changed or modified except in writing
executed by the parties.
46. The Seller's Disclosure attached to Plaintiffs' Complaint as Exhibit "B" states as
follows:
This Statement discloses Seller's knowledge -of the condition of the property as of
the date signed by Seller and is not a substitute for any inspections or warranties
that Buyer may wish to obtain. This statement is not a warranty of any kind by
Seller or a warranty or representation by any listing real estate broker (Agent for
Seller), any real estate broker, or their agents." (Emphasis in original).
47. Pursuant to paragraph 28 of the Agreement of Sale and the Seller's Disclosure,
Plaintiffs' did not rely on any statements or representations made outside the four corners of the
Agreement for Sale.
48. Plaintiffs have failed to identify any representations made within the Agreement for
Sale upon which they can base a claim of fraud or misrepresentation.
49. Paragraph 27 of the Agreement of Sale attached to Plaintiffs' Complaint as Exhibit
"A," titled "RELEASE," states in pertinent part as follows:
Buyer releases, quit claims and forever discharges SELLER, ... from any and all
claims, losses or demands, including but not limited to, personal injury and property
damage and all of the consequences thereof, whether known or not, which may arise
from ... any defects or conditions on the Property. Should Seller be in default under
the terms of this Agreement, or in violation of any seller disclosure law or regulation,
this release does not deprive Buyer of any right to pursue any remedies that may be
available under law or equity. This release will survive settlement.
50. Defendants are not in default of the Agreement for sale and have complied with all
seller disclosure laws and regulations.
51. Plaintiffs have released Defendants from any and all claims arising from any defects
or conditions of the property.
52. Plaintiffs' action against Defendants is barred by the release.
53. Plaintiffs' claim for Fraud/Misrepresentation is barred by the parol evidence rule.
54. Plaintiffs action against Defendants is barred by the doctrine of estoppel.
55. Plaintiff's Complaint fails to state a claim upon which relief can be granted.
56. As set forth in detail above, the Seller's Disclosure attached to Plaintiffs' Complaint
as Exhibit "B" states that "this statement is not a warranty of any kind by Seller" and "is not a
substitute for any inspections or warranties that Buyer may wish to obtain."
57. On the Agreement of Sale attached to Plaintiffs' Complaint as Exhibit "A," Plaintiffs
elected to have a property inspection of the premises by checking "ELECTED" under paragraph 11,
titled, "Property Inspection Contingency."
58. Upon information and belief, Defendants aver that Plaintiffs did in fact have a
property inspection performed.
59. Upon information and belief, the Plaintiffs relied on the property inspection
performed by their chosen property inspector.
60. Under the terms of the Agreement of Sale, Plaintiffs could not have relied on the
alleged misrepresentations made by Defendants.
61. Rather, any reliance or inducement to purchase the premises is limited to a report
issued by the Plaintiffs' property inspector.
62. The property inspector retained by Plaintiffs to inspect the premises is a necessary
party to Plaintiffs' action.
63. In paragraph 27 of Plaintiffs' Complaint, Plaintiffs have alleged that Defendants
"constructed an elevated floor in the basement of the premises to conceal the water infiltration
problem from prospective buyers."
64. In paragraph 14 of Plaintiffs' Complaint, Plaintiffs state that "plaintiffs had to have
the basement gutted and a sump pump installed."
65. As of the date Plaintiffs' Complaint was filed, Plaintiff's demolished and removed
the finished portion of the basement constructed by Defendants.
66. Thereafter, Plaintiffs have had another portion of the basement finished.
67. In having a portion of the basement refinished, Plaintiffs have constructed new walls,
floors and other items.
68. The new construction in the basement has changed the original floor plan of the
basement.
69. Plaintiffs have performed the new construction in the basement without remedying
the water infiltration problem alleged in their Complaint.
70. Plaintiffs did not keep or otherwise preserve the raised or "floating" floor that they
"gutted."
71. Plaintiffs' have removed, destroyed, and otherwise failed to preserve the only
evidence that would support or refute their claim of concealment.
72. Plaintiffs' new construction in the basement has covered walls, floors, ceilings, and
otherwise makes it impossible to support or refute their claim of concealment.
73. The Doctrine of Spoliation bars Plaintiffs' claim of concealment.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs'
Complaint with prejudice and enter judgment in their favor and against the Plaintiffs, together with
an award of such costs, interest and other relief as the Court deems just and reasonable.
MARTSON LAW OFFICES
By:
d A.lzitzsimons s ire
I:D. Number 417
Jacob M. Theis, Esquire
I.D. Number 208613
Ten East High Street
Carlisle, PA 17013
,ZO/O (717) 243-3341
Date: Attorneys for Defendants
VERIFICATION
The foregoing Answer with New Matter is based upon information which has been gathered
by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not our own. We have read the document and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information and belief.
To the extent that the content of the document is that of counsel, we have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if we make knowingly false
averments, we may be subject to criminal penalties.
?(2
Benj in D. Rosenberry
iwmd L"'a
t hanie M. Rosenberry
Date:
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Law Offices, hereby certify that a
copy of the foregoing Answer and New Matter was sent this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Girard E. Rickards, Esquire
Law Offices of Girard E. Rickards
135 South Duke Street,
York, PA 17401
MARTSON LAW OFFICES
y:
(,?cia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: GJIMI Q, Z'0/6)
I
n N
a "n
IN THE COURT OF COMMON PLEAS --'
OF CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM H. LLOYD and SUZANNE C. LLOYD, : NO.: 08-3888 - -
Plaintiffs
V. CIVIL ACTION - LAW « ?c
BENJAMIN D. ROSENBERRY and STEPHANIE
M. ROSENBERRY, JURY TRIAL DEMANDED
Defendants
PLAINTIFFS' REPLY TO NEW MATTER
31. Paragraphs 1 through 30 of the Plaintiffs' Complaint are incorporated herein by reference
as if set forth at length.
32. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 32. Therefore, the averments of
paragraph 32 are specifically denied and strict proof thereof is demanded at the time of
trial.
33. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 33. Therefore, the averments of
paragraph 33 are specifically denied and strict proof thereof is demanded at the time of
trial.
34. Admitted that before the sale of the premises, window well coverings were installed over
the basement windows. The remaining averments of paragraph 34 are specifically denied
and strict proof thereof is demanded at the time of trial.
35. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 35. Therefore, the averments of
paragraph 35 are specifically denied and strict proof thereof is demanded at the time of
trial.
36. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 36. Therefore, the averments of
paragraph 36 are specifically denied and strict proof thereof is demanded at the time of
trial.
37. Admitted that there was a raised floor installed in the basement the remaining averments
of paragraph 37 are specifically denied and strict proof thereof is demanded at the time of
trial.
38. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 38. Therefore, the averments of
paragraph 38 are specifically denied and strict proof thereof is demanded at the time of
trial.
39. After reasonable investigation, plaintiffs are without sufficient information to form a
belief as to the truth of the matters alleged in paragraph 39. Therefore, the averments of
paragraph 39 are specifically denied and strict proof thereof is demanded at the time of
trial.
40. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
41. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
42. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
43. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
44. The averments of paragraph 44 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
44 is specifically denied and strict proof thereof is demanded at the time of trial.
45. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
46. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
47. Denied as stated. To the contrary, plaintiffs relied upon the defendants' representations
(and lack thereof) as stated in Plaintiffs' Complaint.
48. The averments of paragraph 48 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
48 is specifically denied and strict proof thereof is demanded at the time of trial. By way
of further answer, the allegations of the Plaintiffs' Complaint are incorporated herein by
reference as if set forth at length.
49. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
50. The averments of paragraph 50 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
50 is specifically denied and strict proof thereof is demanded at the time of trial.
51. The averments of paragraph 51 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
51 is specifically denied and strict proof thereof is demanded at the time of trial.
52. The averments of paragraph 52 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
52 is specifically denied and strict proof thereof is demanded at the time of trial.
53. The averments of paragraph 53 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
53 is specifically denied and strict proof thereof is demanded at the time of trial. By way
of further answer, the parole evidence rule is a rule of evidence and not a legal or
equitable defense.
54. The averments of paragraph 54 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
54 is specifically denied and strict proof thereof is demanded at the time of trial.
55. The averments of paragraph 55 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
55 is specifically denied and strict proof thereof is demanded at the time of trial.
56. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
57. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
58. Admitted.
59. Admitted.
60. The averments of paragraph 60 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
60 is specifically denied and strict proof thereof is demanded at the time of trial.
61. The averments of paragraph 61 are specifically denied and strict proof thereof is
demanded at the time of trial. By way of further answer, the defendants actively
concealed the water infiltration problem in the basement by construction of the elevated
floor.
62. The averments of paragraph 62 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
62 is specifically denied and strict proof thereof is demanded at the time of trial.
63. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
64. The document speaks for itself. To the extent that the allegations vary from the
document, they are specifically denied and strict proof thereof is demanded at the time of
trial.
65. Admitted.
66. Admitted.
67. Admitted.
68. Admitted.
69. Each and every averment of paragraph 69 is specifically denied and strict proof thereof is
demanded at the time of trial.
71. The averments of paragraph 71 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
71 is specifically denied and strict proof thereof is demanded at the time of trial.
72. Each and every averment of paragraph 72 is specifically denied and strict proof thereof is
demanded at the time of trial.
73. The averments of paragraph 73 are conclusions of law to which no response is required.
To the extend that a response is deemed required, each and every averment of paragraph
73 is specifically denied and strict proof thereof is demanded at the time of trial.
Date: ??S//?O
Girard . Rickards, Esquire
135 South Duke Street
York, PA 17401
(717) 845-4038
Attorney ID No: 58867
VERIFICATION
I verify that the statements made in this Plaintiffs' Reply to New Matter are based upon
information which has been furnished to counsel by me and information which has been gathered
by counsel in the preparation of this lawsuit. The language is that of counsel and not my own.
To the extent that the contents are based on upon information which I have given to counsel, it is
true and correct to the best of my knowledge, information and belief. To the extent that the
contents are that of counsel, I have relied on my counsel in making this verification. I understand
that false statements are made subject to penalties of 18 Pa.C.S.A. section 4904, relating to
unsworn falsification to authorities.
William H. Lloyd
Auzannj! Lloyd
Date: 3 -3°\ - t 0
CERTIFICATE OF SERVICE
I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have
served the defendant with a true and correct copy of the foregoing Plaintiffs' Reply to New
Matter, via first class mail, postage prepaid as follows:
David A. Fitzsimons, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
Date: March 31, 2010
Girard E. Rickards
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
William H. Lloyd and Suzanne C. Lloyd '
Plaintiff NO.3888 PV11 I? .
rn
vs. `1
c;o
Benjamin D. Rosenberry and Stephanie M. Rosenberry
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in ttt
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Girard E. Rickards counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 31,253.89, counsel fees, treble damages and punitive damages
The counterclaim of the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
The attorneys of the Martson Law Offices and David A. Fitzsimons, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respe 1 miffed,
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
,200 , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
DO P0 at
00k 13aV
Kevin A. Hess, P.J.
CERTIFICATE OF SERVICE
I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have
served the defendant with a true and correct copy of the foregoing Petition for Appointment of
Arbitrators, via first class mail, postage prepaid as follows:
David A. Fitzsimons, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
Date: November 17, 2010 j?j'?
Gir . Rickards
,L.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
William H. Lloyd and Suzanne C. Lloyd
?1V11 24,??_,
Plaintiff NO.3888
vs. 7 7- _
Benjamin D. Rosenberry and Stephanie M. Rosenberry
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in & v _
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Girard E. Rickards counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue. Pp
2. The claim of plaintiff in the action is $ 31,253.89, counsel fees, treble damages and punitive damages `,.a} Sa.
The counterclaim of the defendant in the action is N/A C1 x5104
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
The attorneys of the Martson Law Offices and David A. Fitzsimons, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respe I mitted,
ORDER OF COURT
AND NqW, Aj_ (p?J , 200 0 , in consideration of the foregoing
petition,_ lb Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or acti s) as prayed for.
Li o cam;
Z M
L_
o°cr ,.
..?
(^W
ft? ? • T ?2S'?9'rio?.?S
By the Court,
Kevin A. ss P.J.
CERTIFICATE OF SERVICE
I, Girard E. Rickards, attorney for the plaintiff do hereby certify that on this day I have
served the defendant with a true and correct copy of the foregoing Petition for Appointment of
Arbitrators, via first class mail, postage prepaid as follows:
David A. Fitzsimons, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
7
Date: November 17, 2010
Gira . Rickards
WILLIAM H. LLOYD and
SUZANNE C. LLOYD,
Plaintiffs
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
C')
c ev
o cs
?
CIVIL ACTION - LAW rnw o s-n
N0.08-3888 CIVIL == ?
-? v w o
-
C?
Dn =K s
--n
ao
D C
C) i
ORDER <
BENJAMIN D. ROSENBERRY and:
STEPHANIE M. ROSENBERRY,
Defendants
AND NOW, this 13 ' day of December, 2010, the appointment of Steven Howell,
Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED.
George Costopoulos, Esquire, is appointed in his place.
BY THE COURT,
?IL
i A. Hess, P. J.
?Ron Turo, Esquire
Chairman, Board of Arbitrators
? Court Administrator
Am
Copes m&, [zd Ia,13//6
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.L,,)0-
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitutio s Commonwealth and that we will discharge the duties of our office
with delity.
nature Sign tore Signature
d ?l?hQ Qur C r??ovi;oS 7 11yt `,?
Name (Chairman) Name Name
r-- r
Law Firm Law Firm Law Firm J
jj ?,!S, - V W
Address
City, Zip
_s ;3 Aj . ?i,/ap& ?sr
Address
1 -*7
City, zip-
345
Address
r. li . M 17®G S?
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Date of Hearing: C /
(Chairman)
Date of Award:
Notice of Entry of Award
Now, the -clay of , 20 in , at !!: L.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal:
Prothonotary Deputy
Arbitrator, dissents. (Insert
-A me if applicable.
!, ?, ! A