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Home My WebLink About09-4615.} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs NO.: 09- Civil JURY TRIAL DEMANDED V. LAWMEN CONSTRUCTION, LLC, 149 Kerrs Rd.: Carlisle, PA 17015, NANCY C. ALTIMEYER, 8 Brookwood Ave., Suite A, Carlisle, PA 17015, and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC, SLAUGH WAGNER CONCEPT 100 & COMAPNY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, 8 Brookwood Ave., Suite A, Carlisle, PA, 17015, 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. DATE: _/ Girar E. Rickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney ID No: 58867 np Apy ju, I o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs NO.: 09- Civil JURY TRIAL DEMANDED V. LAWMEN CONSTRUCTION, LLC, 149 Kerrs Rd.: Carlisle, PA 17015, NANCY C. ALTIMEYER, 8 Brookwood Ave., Suite A, Carlisle, PA 17015, and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC, SLAUGH WAGNER CONCEPT 100 & COMAPNY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, 8 Brookwood Ave., Suite A, Carlisle, PA, 17015, Defendants SUMMONS IN CIVIL ACTION TO: THE ABOVE-NAMED DEFENDANTS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. DATE: rothonot?ry 7HE TAQY 2l°?+9 j?.'u 75 ? 6 Z) /-,I , a4 4/ -,# d 3?Y. ,A-77t da2S? a-;t, Sheriffs Office of Cumberland County R Thomas Kline F??'- ?.` '1r sr r,.? Sheriff t- Ronny RAnderson ?4uKir at ?uprbxrt?? 2003 JUL 16 A 11_1;: 01 Chief Deputy .. ?4? l,4? ?Y `r l Jody S Smith CL r{ v JI M l S Civil Process Sergeant OFF CE °,F T e SHERIFF Edward L Schorpp Solicitor Philip A. McCarthy vs. Lawmen Construction LLC Case Number 2009-4615 SHERIFF'S RETURN OF SERVICE 07/13/2009 02:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2009 at 1430 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Nancy C. Altimeyer, by making known unto Faith Michael, Associate Broker at 8 Brookwood Avenue, Suite A Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/13/2009 02:30 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2009 at 1430 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Coldwell Banker Homesale Services Group, by making known unto Faith Michael, Associate Broker at 8 Brookwood Avenue, Suite A Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/14/2009 03:15 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on July 14, 2009 at 1515 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Lawmen Construction LLC, by making known unto Grant Marshall, Part Owner of Lawman Construction at 149 Kerrs Road Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.24 SO ANSWERS, July 15, 2009 R THOMAS KLINE, SHERIFF D u Sheriff 76 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PHILIP A. McCARTHY and NO.: 09-4615- Civil MARCY J. DOUGLASS, Plaintiffs V. CIVIL ACTION - LAW LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC, SLAUGH WAGNER CONCEPT 100 & COMAPNY, INC., JURY TRIAL DEMANDED SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your 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 CIVIL DIVISION PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs V. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC, SLAUGH WAGNER CONCEPT 100 & COMAANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants NO.: 09-4615- Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' COMPLAINT 1. Plaintiffs Philip A. McCarthy and Marcy J. Douglass are adult individuals residing at 169 Kerrs Road, Carlisle, Pennsylvania. 2. Defendant Lawmen Construction LLC (hereinafter referred to as "Lawmen") is a Pennsylvania limited liability company with offices at 149 Kerrs Road, Carlisle, Pennsylvania. 3. Defendant Nancy C. Altimeyer is an adult individual with offices at 8 Brookwood Avenue, Suite A, Carlisle, Pennsylvania. 4. Defendants, Concept 100 Slaugh & Company, Inc., Westgo II Real Estate, Inc., Proactivity Plus, Inc., Slaugh Myers Concept 100 & Company, Inc, Slaugh Wagner Concept 100 & Company, Inc., Slaugh Full Service Concept 100 & Compcnay, Inc., and Homesale Real Estate Services, Inc., are a partnership t/d/b/a Coldwell Banker Homesale Services Group, (Coldwell Banker") with offices at 8 Brookwood Avenue, Suite A, Carlisle, Pennsylvania. 5. At all times relevant hereto, Lawmen Construction is in the business of building residential properties. 6. Defendant Lawmen was the builder and developer of the property situate at 169 Kerrs Road, West Pennsboro Township, Cumberland County, Pennsylvania. 7. On or about May 12, 2007, the plaintiffs entered into a written agreement with Lawmen Construction, LLC, for the purchase of 169 Kerrs Road, West Pennsboro Township, Cumberland County, Pennsylvania. A true and correct copy of the agreement of sale is attached hereto as Exhibit A and incorporated herein by reference. 8. In the transaction, plaintiffs were represented by Nancy C. Altimeyer, as a buyer's agent. 9. In paragraph 10 of the agreement of sale, Lawmen represented that, "at the time of settlement the property will be served by On-Site Well Water which meets applicable governmental standards." 10. As part of the purchase of the property, plaintiffs authorized Coldwell Banker, through their agent, Altimeyer to obtain a nitrate and bacteria test of the well water servicing the property. A true and correct copy of the "Inspection Authorization" is attached hereto as Exhibit B and incorporated herein by reference. 11. At all times relevant hereto, Nancy C. Altimeyer was a licensed real estate agent working under the supervision of Coldwell Banker, her broker. 12. Neither Nancy C. Altimeyer nor Coldwell Banker obtained nitrate testing of the well before the closing was held on the property. 13. Closing on the property was conducted on July 20, 2007. 14. On or about November 26, 2007, plaintiffs were notified that a well water test revealed nitrate-nitrogen levels of 13.0 mg/1 failing both state and federal standards for safe drinking water. COUNTI PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. LAWMEN CONSTRUCTION, LLC - RESCISSION 15. Paragraphs 1 through 14 above are incorporated herein by reference as if set forth at length. 16. At the time of the closing the parties to the contract were under the mistaken belief that the well water met federal and state safe drinking water standards. 17. The mistaken belief regarding safe drinking water was a material term of the sales agreement. 18. Because of the mutual mistake regarding the drinking water, plaintiffs are entitled to rescind the sales agreement. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to grant the rescission of the sales agreement together with incidental damages in excess of the compulsory arbitration limits and costs. COUNT II PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. LAWMEN CONSTRUCTION, LLC - MISREPRESENTATION 19. Paragraphs 1 through 18 above are incorporated herein by reference as if set forth at length. 20 In paragraph 10 of the sales agreement, Lawmen Construction represented that the property would be served by on-site well water which meets applicable governmental standards. 21. The representation regarding the well water was false. 22. The plaintiffs reasonably relied upon the misrepresentation to their detriment. 23. As a result of the misrepresentation, the plaintiffs closed on the property, an action they would not have taken had they known the condition of the well eater. 24. As a further result of the misrepresentation, the plaintiffs have suffered, are suffering and will continue to suffer in the future, the following damages: a. installed a water treatment system for the kitchen of the property in the amount of $3,903.88; b. will be required to install a water treatment system for the remainder of the house in the amount of $4,507.12; c. past, present and future water testing; d. decreased value of the property; e. forfeited a deposit for upgrades to the property in the amount of $1,000.00; f. made upgrades to the property that would not have been made had they known about the condition of the well water in the amount of $13,325.00; and g. inconvenience and emotional distress. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to grant the rescission of the sales agreement together with compensatory and incidental damages in excess of the compulsory arbitration limits and costs. COUNT III PHILIP A. McCARTHY AND MARCY I DOUGLASS v. LAWMEN CONSTRUCTION, LLC - BREACH OF SALES AGREEMENT 25. Paragraphs 1 through 24 above are incorporated herein by reference as if set forth at length. 26. Lawmen breached paragraph 10 of the sales agreement by failing to provide an on-site well with water that meets the federal and state safe drinking water standards. 27. As a direct result of Lawmen's breach of the sales agreement, plaintiffs suffered and continue to suffer the damages more specifically set forth above. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory and incidental damages in excess of the compulsory arbitration limits and costs. COUNT IV PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. LAWMEN CONSTRUCTION, LLC - BREACH OF EXPRESS WARRANTY 28. Paragraphs 1 through 27 above are incorporated herein by reference as if set forth at length. 29. In connection with the sale of the 69 Kerrs Road property, Lawmen Construction provided a Limited Warranty. A true and correct copy of the warranty is attached hereto as Exhibit C and incorporated herein by reference as if set forth at length. 30. The following items of the property are defects in materials and/or workmanship: a. the bottom of french doors from the dining room to the outside are rusting outside and inside., causing the weather stripping to dry rot and falling off, b. the top of the driveway, sidewalk and parking area are sinking; and c. the kick panel under the doorway from the garage is cracking and falling apart, making the door threshold unstable. 31. Despite several requests, the defendant has failed to repair these items as required under the terms of the Limited Warranty. 32. As a result of the defendant's breach of the Limited Warranty, the plaintiffs will be required to expend monies to make the repairs that should have been made by the defendant. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory and incidental damages in excess of the compulsory arbitration limits and costs. COUNT V PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. LAWMEN CONSTRUCTION, LLC - UNFAIR TRADE PRACTICES 33. Paragraphs 1 through 32 above are incorporated herein by reference as if set forth at length. 34. The defendant's failure to comply with the terms of a written warranty, as more specifically set forth above, constitute an unfair trade practice. 35. Plaintiffs are entitled to compensatory damages, treble damages and counsel fees as a result of the defendant's unfair trade practices and a claim is made therefor. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory damages, incidental damages, treble damages and counsel fees in excess of the compulsory arbitration limits and costs. COUNT VI PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. LAWMEN CONSTRUCTION, LLC - BREACH OF IMPLIED WARRANTIES 36. Paragraphs 1 through 35 above are incorporated herein by reference as if set forth at length. 37 As the builder and developer of the property at issue, the defendant, by law, provides express warranties of habitability and of construction in a reasonably workmanlike manner. 38. The defendant has breached these implied warranties by selling a house with unsafe well water, defective french door installation, defective construction of the upper driveway, parking pad and sidewalk and defective construction of the garage doorway. 39 As a result of the defendant's breach of implied warranties, plaintiffs are entitled to compensatory and incidental damages and a claim is made therefor. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory and incidental damages in excess of the compulsory arbitration limits and costs. COUNT VII PHILIP A. McCARTHY AND MARCY J. DOUGLASS v. NANCY C. ALTIMEYER - NEGLIGENCE 40. Paragraphs 1 through 39 above are incorporated herein by reference as if set forth at length. 41. In her representation of the plaintiffs, Nancy C. Altimeyer advised the plaintiffs against obtaining a radon test. 42 Plaintiffs reasonably relied on the advice of their real estate professional and did not have a radon test conducted prior to closing. 43. Subsequently, the plaintiffs had a radon test conducted and its results were such that a radon mitigation system was necessary. 44. Nancy C. Alitimeyer was negligent in her representation of the plaintiffs in that she: a. failed to obtain a nitrate test of the well water in a timely fashion; and b. recommended that the plaintiffs not have a radon test conducted before closing. 45. As a result of the negligence of Nancy C. Altimeyer, plaintiffs purchased a property that they otherwise would not have and suffered the damages more specifically set forth above. 46. As a result of the negligence of Nancy C. Altimeyer, the plaintiffs also were required to install a radon mitigation system at the cost of $485.00 and a claim is made therefor. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory and incidental damages in excess of the compulsory arbitration limits and costs. COUNT VIII PHILIP A. McCARTHY AND MARCY I DOUGLASS v. CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC, SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REALESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP 47. Paragraphs 1 through 46 above are incorporated herein by reference as if set forth at length. 48. At all times relevant hereto, Coldwell Banker was the broker under whose supervision Nancy C. Atlimeyer was working. 49. Defendant Coldwell Banker is liable for the negligence of its agents, servants, workmen and employees, to wit, Nancy C. Altimeyer, as more specifically set forth above. 50. Defendant Coldwell Banker is liable for the negligence of its agents, servants, workmen and employees, other than Nancy C. Altimeyer, for their failure to obtain a nitrate test of the well water in a timely fashion. 51. As a result of the negligence of the agents, servants, workmen and employees of Coldwell Banker, plaintiffs suffered the damages more specifically set forth above. WHEREFORE, Plaintiffs Philip A. McCarthy and Marcy J. Douglass respectfully request Your Honorable Court to award compensatory and incidental damages in excess of the compulsory arbitration limits and costs. DATE:.? c? 71,! 9 9 Girar . Rickards, Esquire 135 South Duke Street York, PA 17,401 (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 unworn falsification to authorities. Philip . McCarthy Date: ,?/ ?U? e? xh/bit A ?1+C1) , lis(L L.tir i i i mild 1 Y1L J.?L J: 'I L' W 11[ UL t r } i 3'113 , This Corm mcornmended ind.iope-il ?or, but aaL rosatct-d w use by, the asmoers of rha?=nylvania Attwiatiaa at REALTOR;a tRk,2). SELLER'S BUSINESS RELATIONSHIP WITH P.A. LICENSED BROKIR BROKER (Company) c.; r PHOiYE, 24; -(e (1?> ADDRESS t l u& N 5T - , ALLSLC. a• FAX _ z43-10(G i T BROKER IS T11E AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker Is NOT the Agent for Seller and is alan: ? AGENT FOR BUYER ? TRANSACTION LICENSEE NSHIP WITH PA LICENSED BROKER BU'YER'S BUSINESS RELATI I BROKER (Company) (j!!r.ZtA)r- -L- DES E L? k? ?f'? PHONE; 2457-2.100 ADDRESS 6 RC76P4,L Q Jc, ?E /r AU ? FAX IFS- C>T BROKER IS THE AGENT FOR BUYER. Designated Agant(s) for Buyer, it applicable: ??' OR Broker is NOT the Agent for Buyer and Is alan: a AGENT FOR SELLER 0 sUHAGEN r FOR SELLER El TRANSACTION LICENSEE When the same Broker in Agent for Seller and Agent for Buyer, Broker Is a Dual AgeaL All of Broker's licensees are also Dual Agents UNLESS theme tram separate Designated Agents for Buyer and Seiler. If the same Licensee Is designated for Seller and Buyer, the Licensee Is a Dual Agent. I I. 1l s AgrnIl nt dared V1 '+(o7 -,is between 2 SELLIIRIBUILDZR: Zt'A IZAJ tfOA) 57-2 to C-TtO ^Z LL/- 3 ,celled "Seller," and 4 BUYER(S); , ? I Lt Ae- r A-A rrf y 1-t VCR.C J' ?. Zd({G L jk-CS 5 called "Buyer." 6 2. PROPERTY (11.00) 7 Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase; a ALL THAT CERTAIN lot jr piece of and with buildings and improvements to be erected thereon, if any, known as: a Naroe of S bill ision EAJ.J 1Li0 L4-- _ Phase ,o Lot # Model 11 Street Address ((04 ":AILS R t-CSL AC. k-. E.tl?3 aOftO ;waJS& P of the T i 12 13 _ T n County of?f'uvtn/aJFh.L-DLO In the Commonwealth of Pennsylvania, Zip Code t 7a 145* 14 Identification (e g., Tai ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date) 1s OC47-7-0T/ 16 3. PURCHASE PRICE (1-02) +-f'` r/^ / I 17 (A) Total Purchase Price Ito )? A,,0&, 'r) S(1I? f4r< A ` 451k?1, t U F 1 ??EIi u U.S. Dollars 1s which will be paid to Seger by Buyer as follows: 2c 4o 4 20 o . , (B) Base Price s _ 21 (C) Lot Premium, if any S . 22 (D) Total Options/Estras/Altcrationa (see attached addendum) S _ 23 TOTAL PURCIASE PRICE S 96(4 24 4. PAYXENT TERMS (1-02) I as (A) Cash or check at signing this Agreement: 5 26 1 (B) Cash or check within '4 days of the execution of this Agreement: S 2-00n _ 27 (C) Non-refundable pre-paid optlons/extrasielteratlons paid to Seller on or before 2 tlS _9C1 . 29 (D) $ 29 w 39 5 11 (E) Cash, cashier's or certified check at time of settlement: S _ 04 32 TOTAL PURCHASE PRICE S 33 (F) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here: 34 35 G (G) s wrinea approval to be on or before: _ O 3e (Ii) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: _ 36 (1) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated hare: _ 3a 40 (f) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; 41 r rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- 4a pal service. The charges arc to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will 43 pay for all days following settlement, unless otherwise stated here: u 4s S. SCHEDULE OF CONSTRUCTION (11-00) 46 (A) Commencement Date: Seller estimates that Seller will commence construction on or about u;ci J ul GL Ctu15TRLLC7 bySeller I 47 reserves the right to delay commencement of construction until Buyer has received and signed a valid mongage commitment in accordance 46 49 with Paragraph 6. r rr (B) Completion Date; Seller estimates completion of construction on or about 7 1U 1d7 . Buyer so hereby acknowledges that tha above estimated time of completion on the part of Seller is made as an accommodarion to Buyer to assist Buyer 51 in formulating future plans. However, if commencement, completion, and/or settlement arc ddaytd due to inclement weather, strikes, delays 52 in issuance of permits, unavailubilty or labor or materials, or any other rea3on beyond Seller's control, such times and settlement hereunder 93 will be auromaricaily extended accordingly, and time is act deemed to be of the essence. ' t2- 94 7 17 (C) Settlement: Scnlcmeat hereunder will be held on a dote which is within 10 ja;;9 (unless otherwise 3pccificd Serc 35 after Seller supplies '81,yef with a ,riaen corn:- ur s ucetcnt . w••lc,, h:.ite ; nc ?f .,erletrl2.it, the aow4 w d prim . w'.,' ua -GC71 65 substantially completed. if the municipality Or gnvertunentd: authotm,+ t@;11_1xes S Ui3d & Occupancy par-rut, Seller will prcv?dc one a, 67 settlement. sa Buyer Initials: 1 o/ A/S-NC Page I of 6 Seller Initials: ??_ /` / ' COPYRIGHT P1ENN5YLYkN4A kssoCL,,TION OF REALTOR_?2004 Pon va ita Association of ? REALTO iORSe i!04 L11 1 3 4 e 8 9 m 12 13 A 15 16 17 19 19 20 21 22 23 24 25 26 27 is 29 30 31 r. 33 34 3s 37 36 39 40 a1 42 43 43 a6 49 40 50 31 i2 53 it a7 3e se S. MORTGAGE CONTLNGENCY (1-02) 59 j w Q WAIVED. This ;ales NOT contingent on mortgage financing. 51) st ELECTED et 1i 11 f. 52 (A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 62 ?' w 1. A'- Ammunt of mortgage loan S -wee O - '.2! I Sao J 3? ?3 j l Y?yl. ' 1 all Term 0 years 2. Minimum es 3. T of . t? 65 ga 4%; however, Buyer agrees to ace pt t e teresr rate as may be mmtttedl by the mortgage lender, not ro 67 exceed a maximum interest rate of 6,75 %. -7, j - f $L r/ as 5. Discount points, loan origination, loan placement and other fccs charged by the lea ere as a percentage of the mortgage loan (cxcludinea 69 any mortgage insurance premiums or VA funding fee) not to exceed not to cxcccd % (0% if not specified) of the mortgage loan. 69 fro / ?? The interest rate and fees provisions required by Buyer are satisfied if a mortgage tender makes available to Buyer the right to guarantee an 70 71 ?%1 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer rt n gives Seller the right, at Seller's sole option and as oemntted by the mortgage lender and applicable laws, to contribute financially, without 72 h promise of reimbursament, to the Buyer and/or lender to make the above terms available to Buyer. 72 (B) Within I # days of the axecution of this Agreement, Buyer will make a completed, written mortgage application `or the mortgage terms spec: 7a 7 food above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise the Broker for Seller; Is authorized to communleate 75 76 with the mortgage lender for the purFses of assisting in the mortgage loan process. 76 71 (C) 1. Mortgage commitment date 7 -V al sting a written commitment is not received by Seller by Elie above date, Buyer 77 7e and Seller agree to extend the mortgage commitment date until Seller terminates this Agreement in writing by notice to Buyer. 76 79 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seiler. 79 so 3. Seller has the option to terminate this Agreement in writing, on or after the mortgage commitment date, if the mortgage, commitment, so at a. Is not valid until the date of settlement, OR at 17 b. Is conditioned upon the sale and settlement of any other property, OR 92 83 c. Contains any other condition not specified in this Agreement 93 04 4. In the event Seller does not terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if ea as the mortgage commitment, as ea a. Is not obtained by or valid until the date of settlement, OR a6 a7 b. Is conditioned upon the sale and settlement of any other property'which do not occur by the date of settlement, OR 87 ere c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. as oe S. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of purchase price will as 90 be resumed to Buycr. Buyer will be responsible for any premiums for mechanics lice insurance and/or title search, or fee for cancellation go m of same, if nny:,AND/OR any premiums for flood insurance and/or fire insurance with extended covemge, insurance binder charges or can. 91 94 ccllation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender. 92 93 (D) Seller will not be responsible to Buyer or Buyer's mortgage tender to escrow any funds for any reason. In the event Buyer's mortgage lender 9a 94 requires an escrow of funds as a condition to complete settlement; then Buyer agrees to provide such escrow funds and compicte settlement 94 9s hereunder as specified in this Agreement This paragraph will survive settlement. 95 911 (E) Seller Assist 96 97 % NOT APPLICABLE 97 at, Q APPLICABLE. Seiler will pay; as 9g ? S maximum, toward Buyer's costs as permitted by the mortgage lender. 99 too ? too tot tae FHAi-VA, IF APPLICABLE tot ia7 197 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will nit be obligated to complete file purchase of the 103 104 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- tan tog dance with HG"DiFHA or VA rcquiromenta, a written statement by the Federal Housin Commi 'net, %tanms Administration, or a Direct tog 106 Eadorscment Lender setting farththe appraised value ofthe Property of not less than 40 t _ (the dollar amount cc be insert- tab 107 od is the sales price as stated in the Agreement). Buyer will have the privil option of proceeding with consummation of the contract witb- to-/ tat out regard to the amount of the appraised valuation. The apprais uation is arrived at to determine the maximum mortgage the Department toa to of Housing and Urban Development will insure. HliD d oe warrant the value nor the condition of the Property, Buyer should satisfy him- tug 110 self/herself that the price and condition of the Pro ere acceptable. 110 tit Warning: Section 1010 of Title 18, . ., Department of Housing and Urban Development and Federal Housing Administration ut 112 Transactions, provides, "Whoever a purpose of ... influencing in any way the action of such Department, makes, passes, utters, or pub. nz 119 lishes any statement MCI a same to be false ... shall be fined under this title or imprisoned not more than two years, or both." 113 rra (G) U.S. Department casing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement 114 its Wr Buyer received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition its 116 pecrions). Buyer understands the importance of getting an independent home inspection and has thouglit about this before signing this its 117 Agreement Buyer understands that FHA will not perform a home inspection nor guarantee the price or condition of the Property. 117 III Buyer'sInitial$ X - Date ire 119 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify drat the terms of this contract for purchase are its 179 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 transac- ito 121 don is attached to this Agreement. 171 122 7, INSPECTIONS (1-02) 122 122 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 123 124 Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit 3iy other inspections requited by 124 126 or provided for in the terms of this Agreement. Buyer has the right to attend all fnspeetioas. 125 129 (B) Pre-settlement Inspection 126 127 1. Buyer reserves the right to mako a pre-settlement walk-through inspection of the Property when the Property is substantially complete. i27 128 Seller will notify Buyer prior to settlement of the date and time of Buyer's pre-settlement walk-through inspection of the Property. 12a 12g 2. At the pre-settlement inspection, Buyer and Seller will complete and;ign a list of items (punch list) to be completed, modified, or replaced inn 1110 within rhirty '30) days aRcr 9cttlument. Itrins that cannot be completed, modified, or :eplaced within 30 days Of:se[tlement due tc event3 tag ia, beyond Seller's reasonabla conirol will be aompieteu by Seiler as soon as s reasonably possible, not 'o exceed one year 3r __ dais tat tat after sett:ament. This paragraph will 4urvivo 5enicrumt. 132 tar 3. Buyer's failure to inspect the Property on the date of the scheduled pre-ierlcmeut inspection or Buyer's failum to complete and sign the 1,13 134 pre-settlement inapccuon form constitutes a waiver of Buyer's rilht to inspect the Prupcrty, and Buyer will accept the Property at settle- 134 135 cicmr in its then preterit condition without obligation of modificanon or replacement. ,,, tae 4. Buyer's right m make this inspection is not waived by any other provision of this Agreement. tea 137 5. Seller will have heatin and all utilities (inrhidiog fuel(s)) on foT the prc-scttlcment walk-through inspection. rra 131 Boyar Iaiti,4= :%'S-tic Page 2 of 6 Snllrr Initials: 13 8 . •...••..?,?,.?o4nr tvr'1 LL?rri'ft9G1iN{,'y (11-!loll .-?--- Oil Jt yeller will provide evidence that there arc no wood-boring insects on the Property, if required by iendlc. fro .voud intesWrion ins Bu er a ecti ree t i i 142 y p s required g on s o re mburse Seller for the cast of the inspection. If active infestation(s) exists, Seller agrees at Seller's , iap , expense and before :;ettleme to treat for active infestation(s), in accordance with applicable laws. nt, 141 143 9. RADON CONTINGENCY (11-00) 142 144 C3 Seller will not install preparatory work for a radon mitigation system. (See Radon Notice) 147 145 Seller will install preparatory work for a radon mitigation system. (See Radon Notice) 144 1J6 IJS 147 46 148 10. STATUS OF WATER (11-00) _ 147 149 Seller represents that at time of settlement this property will be served by: 148 t5p ? Public Water - Name of Service Provider 149 151 On-site Well Water which meets applicable governmental standards i? --- t5 152 ? Community Water 1 151 164 152 154 It. STATUS OF SEWER (11-00) 154 155 Seller represents that property is served by: 164 158 C1 Public Sewer - Name of Service Provider 156 157 Individual On-let Sewage Disposal System (See Sewage Notice 1) 156 isa ? Community Sewage Disposal System 157 159 ? Holding Tank (See Sewage Notice 3) lug 160 159 161 12. NOTICES,ASSESSMENTS & GOVERNMENT REQUQtEb1ENTS (i1-00) 160 162 16, (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 162 163 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 167 164 or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which i 1 165 rema n uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected unless 64 165 166 , otherwise specified here: 167 166 too (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 167 169 168 170 (C) Seller will be responsible for any notice of improvements or assessments received on or before the date of settlement t69 171 . (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 170 171 172 (E) All necessary permits will be obtained and paid for by Seller prior to settlement. 173 (F) Seller will comply with all restrictions and requirements imposed by any governmental authorities. 172 174 13. TITLE, SURVEYS, & COSTS (11-00) 173 175 (A) no Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing deed 174 175 176 restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ws 177 ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate will 177 178 be good and marketable and such as will be insured by a reputable Title nsurance Company at the regular rates. 179 179 (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, 179 180 as specified in paragraph O(A), Buyer will have the option of taking such title as Selle, can give without changing the price or of being repaid lao 181 all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items ,a1 182 specified in paragraph 13(C) and in paragraph 13(D) items (l), (2), (3); and in the latter event there will be no :further liability or obligation on 182 183 either of the parties hereto and this Agreement will become VOID. 183 184 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate ls4 185 legal description of the Property (or the correction thereol), will be secured and paid for by Seller. 185 186 (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; 186 187 (2) The premiums for flood insurance and/or fire insurance with exteiihed coverage, insurance binder charges or cancellation fee, if any; 187 188 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals; (5) Initiation fee lab 109 or capital funding fee, if any: S 109 190 (E) Buyer has reviewed the final subdivision plan and is familiar with the grading plans, showing the location and contour of the lot being pur- 190 191 chased, storm drainage plans including piping and easements, alluvial soils, conservation easements, wetlands, or 100 year flood plain condi• 191 192 tions on or surrounding Buyer's lot. 192 143 14. ZONING CLASSIFICATION (11-00) 193 194 Failure of this Agreement to contain the zoning classification (except in cases where the property (and each parcel thereof, if subdividable} is zoned 194 195 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits ten- 195 196 dered by the Buyer will be returned to the Buyer without any requirement for court action. 196 197 Zoning Classification: Res tF,,42w re 44- 197 190 15. LANDSCAPING & DRIVEWAY (11-00) se 199 (A) Seller will attempt to preserve as many of the existing trees or shrubs as reasonably possible during the construction of the improvements and ls9 200 house on the premises. It is expressly agreed that Seiler does not guarantee or warrant the survival of any trees or shrubs existing on the premises 200 201 prior to construction. Any existing trees or shrubs that may die after settlement are the sole responsibility of Buyer. Seller will be responsible to let 202 grade and seed the disturbed areas only. Any soil washouts from rain or melting snow or burnouts due to droughts after settlement are the sole 202 203 responsibility of Buyer. As to the quality or quantity of the growth of grass, it will be Buyer's responsibility to water, fertilize and reseed as nec• 207 204 essary after Settlement. 204 205 (B) Buyer acknowledges that, due to adverse weather conditions and other events beyond Seller's reasonable control, items including the driveway 205 206 surface, grading and seeding, exterior painting or staining, and exterior concrete surfaces may not be completed at time of settlement. Unless 206 207 otherwise agreed, no portion of the purchase price or option payments will be placed in an escrow account or withheld front Seller at settlement 207 209 to compensate for incomplete items. Seiler will complete the items within a reasonable time after settlement as weather conditions permit. 208 209 (C) This paragraph will survive settlement. 2rN 210 16. SUBSTITUTIONS (U-00) "Ill 21! BL' YER AND SEI LER ACK:SOW1...EDG'8. T'I5iT 1-lif, $b1LLINGS _0l) LIdPRt)4 f• t&%i'IS ON `I'liE PREMISES WILL BE Stia- 2,, 212 STA.'YTIALLYSIMILAR IO THE ESTABLISHED BUAI.DING SPECIFICATION& BUIFRALS(7ACRNOWLEllCI?ST[LLfSELLER ^_ 2t3 HAS THE RIGHT TO MAKE SUBSTITUTIONS OF MATERIALS OR PRODUCTS OF SUBSTANTIALLY EQUAL OR BETTER 213 214 QUALITY AT SELLER'S SOLE DISCRF. TION, AiND THAT ACTUAL MATERIALS AND PRODUCTS MAY VS,RY FROM SA.vIPLIK' 21. 215 MATERIALS AND PRODUCTS. 216 Buyer Initials: A!S-NC Page 3 of 6 Seller initials: ?.__ 215 216 FGhI A.. iU. . - ??]FI] -?. 11 i t7 1 -ii1411 -•? ir. iL UAL iNV IiC 1; its THIS DOCUMENT MAY NOT SELL, CONVEY, TR:INSFER, INCLUDE OR INSURE THE. TITLE TO THE COAL AND RIGHTS OF si?- 218 219 PORTUNDERNEATH THE SURFACE LAND DESCRIBED OR REFER-RED TO HEREIN, AND THE OWNL-R OR OW?IEPS OF SUCH 219 220 COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN TH,,\T CONNECTION, OANIAGE MAY 220 221 RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR rN S UCH LAND. (This nonce 221 222 is set forth in the manner provided in Section i of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right ,22 222 of protection against subsidence resulting Crom coal mining operations, and that the property described herein may be protected from damage due to 223 224 trine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of corn- 22,1 225 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to 225 sign the deed from Seller which deed will contain the aforesaid provision. 227 18. POSSESSION (11-00) Possession is to be delivered by deed, keys and zzs physical possession to a clean building. The lot and building(s) will be free 227 226 of debris at day and time of settlement. 229 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 229 236 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this ,Agreement. 231 20. ASSIGNMENT This,4 231 (3-35) greement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, zit 233 and to the extent assignable, on the assigns of the patties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 232 233 Agreement without the written consent of Seller. 234 21. DEPOSIT & RECOVERY FUND (1-00) 233 235 274 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment 235 236 and the person designated as payee, will be paid to individual identified in paragraph 4(F), who will retain them in an escrow account until con- 236 237 summation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit 237 236 may be held pending the acceptance of this offer. 239 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 2238 39 240 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 240 241 return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer 241 242 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and 242 243 costs of the broker(s) and licensee(s) will be paid by the party joining them. 244 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licens• 244 2,13 245 ee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all 245 246 legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783- 246 247 4854 (outside Pennsylvania). 247 248 22. CONDOMINIUWPLA,`INED CONLMUNITY (HOMEOWNER ASSOCIATION) PUBLIC OFFERING STATEMENT (1-00) 248 249 NOTAPPLICABLE 249 250 ? APPLICABLE: COIv'DObtNILM 251 251 (.A) Buyer acknowledges that the Property is a unit of a condominium as defined by the Uniform Condominium Act. Seller is a declarant of 251 252 the condominium and is required to provide Buyer with a public offering statement. (See CondominiuavUniform Planned Community 252 253 Notice for definitions of declarant, public offering statement, and condominium.) 253 254 (B) The delivery of the public offering statement must be made no later than the date the Buyer executes this Agreement. Buyer may cancel 254 255 this Agreement within fifteen (15) days after receiving the public offering statement and within fifteen (15) days of receiot of any amend. 255 256 ment to the Statement that materially and adversely affects Buyer. 257 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 25 258 (A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planted Community Act. Seller is a 256 259 declarant of the planned community and is required to provide Buyer with a public offering statement. (See Condcminium iUniform 259 250 Planned Community Notice for definitions of declarant, public offering statement, and planned community.) 2130 251 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Buyer executes 261 262 this Agreement Buyer may cancel this Agreement within seven (7) days after receiving the public offering; statement and within seven (7) 252 263 days after receiving any amendment to the contract that would materially and adversely affect Buyer. 263 264 23. MAINTENANCE & RISK OF LOSS (11-00) Seller will bear risk of loss from foe or other casualties until time of settlement. In the event of dam- 264 265 age by fire or other casualties to any property included in the sale that is riot kpaired or replaced prior to settlement, Buyer will have the option of 265 266 rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of extending settlement until such time as Seller 265 267 can deliver the property in completed condition. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the 267 266 time of execution of this Agreement. 268 269 24. RELEASE (11-00) Buyer and Seller hereby release, quit claim and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 269 270 and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through 270 271 them, from any and 211 claims, losses or demands, including, but not limited to, personal Injuries and property damage and all of the conse- 271 272 quences thereof. This release will survive settlement. 272 273 25. REPRESENTATIONS (11-00) 23 274 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures, plans, building specifications, or warranties 274 275 made by Seller, Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated 275 276 in this Agreement. 276 277 (B) Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an assessment of the plan, drawings, specifi- 277 276 cations, or such documents as have bearing on the nature and quality of the structures to be built by Seller. Furthermore, Brokers, their licensees, 276 279 employees, officers, and partners make no representation with respect to permits or such other evidence of government approval for the 279 280 construction of the structures to be built by Seller, of the environmental conditions, the permitted uses, the financial condition of Seller, or the 260 281 conditions existing in the locate where the property is situated; nor have they made an inspection of the components, appliances, systems, or 281 282 consumer products to be installed in or about the Property. 282 283 (C) It is further understood that this Agreement contains the whole Agreement between Seiler and Buyer and there are no other terms, obligations, 283 284 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this Agreement 294 285 will not be altered, amended, changed, or modified except in writing executed by the parties. 265 286 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 2116 287 Buyer Initials: A,S-NC Page 4 of 6 Seller Initiali: 287 FQCr1 . 2811 26. WARR.ANTiES (11-00) 259 (A) Assignment of 1Mannfacturer's Warranties: Seiler hereby assigns to 3uyer the manufacturer' 'Elis 200 V41 ; warranties on all appliances, equipment, an other consumer products to be installed in or on the Property. Copies of these warranties will be delivered to Bu S l l 2P9 292 yer. e ler makes no warranties, representations, or guarantees, with respect to the appliances, equipment and consumer products and all such warranties 393 293 , representations, aad guarantees are hereby disclaimed. The sole remedy of Buyer as to any such items will be to make such claims as are ' 29t appropriate under the man- ufacturer s warranties. zi3 294 295 (B) Limited Warranty: Except as set forth in any limited warranty that may be provided herewith, SELLER MAKES YO OTHER REPRE- SENTATIONS OR WARRANTIES OF ANY NATURE EXPRESS OR .93 294 295 , IMPLIED, LYCLUDIINC BU^,C NOT L MUTED TO. THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILM DESIGN CON 295 297 ,, , DITION, QUALITY OR OTHERWISE AS TO THE PROPERTY AND THE RESIDENCE AND OTHER IMPROVEMENTS C 2% 249 ONSTRUCTED THEREON, AND SELLER HEREAY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRAN 2t7 233 TIES. Buyer hereby acknowledges cmd accepts such dis- claimer and agrees to waive any and all rights. Buyer may have by virtue of such representations and w i _ma 300 rant es. Except for the warranties pm- vided by Seller, Buyer assumes the risk of any and all damage from the date of settlement, occurring in or a earin h 299 301 302 pp g on t e Property regardless of the cause thereof. Buyer's assumption of this risk is partially in consideration of the amount of the purchase price of die Propert l l :00 y ower than it would be if Seller was to be held responsible for any such risks by virtue of said expressed or im s ied re r s 3tti 303 p p esentations or warant ies 27. DATES/TIME IS OF THE ESSENCE (1-02) 302 304 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of [his Agreement a 3303 n4 305 re agreed to be of the essence of this Agreement and are binding. 306 B For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this A reement 307 g was executed and including the last day of the time period. ace 308 (C) The date of settlement is not extended by an other provision of this Agreement any and may only he extended by mutual writt 309 en agreement of the parties. acs e 310 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are ne otiabl 309 3t0 311 g e and may be changed by striking out the pre-printed text and inserting a different time period acceptable to aP parties 312 . 28. DEFAULT (1-02) ]t I 313 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 313 314 1. Fail to make any additional payments as specified in paragraph 4; OR 11111 315 2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage tender, if any, concerning Buyer's legal or financial status or 314 3t 5 316 , fail to cooperate in the processing of dic mortgage loan application; which acts would result in the failure to obtain the approval of a mort- 319 317 gage loan commitment; OR its 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 317 319 (B) Unless otherwise checked In paragraph 28 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 318 319 320 following manners: 321 1. On account of purchase price; OR 320 322 2. As monies to be applied to Seller's damages; OR 321 323 3. As liquidated damages for such breach. 322 324 (C) tit Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 323 325 (D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 28 (B) or (C), Buyer and Seller 324 325 329 will be released from further liability or obligation and this Agreement will be VOID. 326 327 29. MEDIATION (7-96) 327 328 ? NOT AVAILABLE 32a 329 ? WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise„ but that there will be no obli- 329 330 gation on the part of any party to do so. 330 331 X ELECTED 331 332 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 332 333 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System Any agreement reached through a mediation conference and 333 334 signed by the parties will be binding. 334 335 (B) Buyer and Seiler acknowledge that they have received, read, and undersand the Rules and Procedures of the Home Sellers/Home Bu ers 335 336 y Dispute Resolution System. (See Mediation Notice.) 336 337 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 337, A / 338 Buyer Initials: > " ? A - A)S NC Page 5 of 6 Seller Imidals: aAft j 338 c?I- l.i =R;: 'U. ?, 7 .slur. 0 i'(_7" c'w141 ?:'E ----- 139 30. SPECIAL. PROVISIONS (IFANyI ? ---? 340 341 \ SF* k1-P17 EN(J 4[Ai1 iA'e 339 San 142 341 343 342 344 343 345 344 346 31. SPECIAL CLAUSES (11-00) 345 347 348 (A) Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 P 346 349 a. Code §35.336. (B) Buyer and Seller have received a statement of their respective estimated closing costs before signing this Agreement. (C) ( Buyer has received the D i M 747 346 350 epos t oney Notice (for cooperative sales when Broker for Seller is holding deposit money i before sign- ing this Agreement, 444 351 352 (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if re uired 6 q y law. Note: The Seller's Property Disclosure Law does not require a disclosure form whe 350 351 357 n: 1. A one-year written warranty covering the construction will be provided; 353 354 355 2. The building will be inspected for compliance with the applicable building code or, if none, a nationally recognized mode! huildin c d 3253 54 g o e; AND 356 3. A certificate of occupancy or a certificate of code compliance will be issued fbr the dwelling. 355 357 (E) The following are part of this Agreement if checked: 356 356 359 Q Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form SOP) Contin enc Addend (PAR F S 357 356 360 g y um orm SP) ? - ? Sale & Settlement of Other Property Contingency ? 359 361 _ with Right to Continue Marketing Addendum ? 360 362 (PAR Form SSP-CM) 362 363 (F) The following exhibits are made part of this Agreement if checked: 362 364 (Q Plot Plan of Lot ? Options/Extras/Alterations 363 364 366 House P1aniFloor Plan/Elevation IFINew Construction warranty 355 368 ? Floor Plan Reversed Restrictive Covenants/Deed Restrictions 366 367 ? Other ? 368 ?J Building Specifications ? 167 369 ? Standard Features ? 368 370 _ Buyer and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement. 369 370 371 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 3 1 372 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this 372 373 Agreement, and all addenda, hearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised 373 374 to consult an attorney before signing if they desire legal advice. 374 375 (? BUYER'S MAILING ADDRESS: j 32 gTe,cl6 ale r-r FOR{.- rruJnl , VA . 2:3« 3 375 378 377 BUYER'S CONTACT NUMBER(S): Z57 71V- 776 377 379 WITNESS BUYER "/1 DATE 379 379 WITLESS BUYER _ DATE 7J79 380 WITNESS BUYER DATE Sao 39t Seller hereby approves the above contract this (date) 51(`f (07 381 392 and in consideration of the services tendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of fl, °/d 392 393 of/from the herein specified sale price. in the event Buyer defaults hereunder, any monies paid on account will be divided _ S'o °/6 393 394 Seller, S B °/a , Broker for Seller, but in no event will the sum paid to the Broker for Seller be in excess of the above specified Broker's 384 395 fee. 385 389 SELLER'S MAILING ADDRESS: 386 387 387 388 SELLER'S CONTACT NUMBER(S): r 389 389 ?-- WITNESS SELLER _ DATE s /A? 07 389 390 WITNESS SELLER DATE 390 39t WITNESS SELLER DATE 391 392 Brokers'/Licensees' Certifications (check all that are applicable): 392 303 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 393 394 the terms of this contract for purchase are true to the best of thew knowledge and belief, and that any other agreement entered into by any of 394 395 these parties in connection with this transaction is attached to this Agreement. 395 396 ( Regarding Mediation: The undersigned 06 Ni Broker for Seller 11 Broker for Buyer agrees to submit to mediation in occardame v;th 396 397 parn6Taph 29 nfri:is Agcezm?nt. 397 398 Broker for Seger (Coo Name) EO !t E Wl Qf t?kSS OG4 kf E`> 188 399 ACCEPTED BY mpa DATE 1 O 789 400 Broker for Buyer (Company Name) 400 401 ACCEPTED BY DATE 401 402 ArS-NC Page 6 of 6 402 Fns; `G. "1 tJLc;- -,.tt?.. ?tl,' _ ?rd•I ?nr! : J I.AiNiJA" AGREEMENT FOR THE SALE OF iNlE CONSTRUCTION reco >;s-,vc This form mtnrnJed and approved Rx, but not restricted to ure by, the membmv of the 2nnsyleamn Assoc;alion ul'A [;\LfORSa r,PA RL BROKER (Company) SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED 8 hFOR ? j ADDRESS ? u h T PHONE '7 ?r 3 -(a (4' S ? BROKER IS THE AGENT FOR SELLER. Designated Agent(s)for Seller, If apIRE. plicable: FAY Zt?s?e6-- q OR Broker is NOT the Agent for Seller and is alan: C AGENT FOR BUYER ? TRANSACTION LICENSEE 2 3 a s fi 7 a 9 m 11 t2 t3 14 1s 16 17 la 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 31 36 36 37 36 39 40 41 42 43 44 45 46 47 46 49 so 51 52 5$ 58 57 uu ar.n DUD11"NBSS HELATI NSHIP WITH PA LICENSED BROKER BROKER (Company) _Wr-L, ?/ptJKF/L "t L15 SEA (?L? PHONE 2.45-2.10p ADDRESS B+ico -0 dE. ?6 4 .. P4 FAY 2 j -64B' BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer. If applicable: Q L 1 OR Broker is NOT the Agent for Buyer and is alan: ? AGENT FOR SELLER C SUBAGENT FOR SELLER L7 TR005ACT10N LICENSEE When the same Broker is Agent for Seller and Agent for Buyer; Broker is a Dual Agent. All of Broker's licensees are also Dual Agents "LESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Seller and Buyer, the Licensee is a Dual Agenr. I. T4is AgreP2f6 id,r dated 5r4/a SELLERBUILDER: 1?haJAA A! CCAJty CitoN3 LLC is between BUYER(S): ?1I L.lIP h ht /r*A_I-H called "Seller," and MlkatC9 I uG „fc? 2. PROPERTY (II-00) called ''Buyer." Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN lot Rg,r piece of nand with buildings and improvements to be erected thereon, if any, known as: Name of Subdivision VE JAJ rzo "_ Phase Lot # Model Street Address ?hRtLSC6 ?, p in the TALL, JSK/ P of EAJ1Y913ort0 County of rtt-,A6 chi .L^-4 in the Commonwealth of Pennsylvania, Zip Code _ f 70 IS Identification (e.g., Tax ID#; Parcel #; Lot and Block; Plan Book Volume, Page; Deed Book, Page, Recording Date) - yI -47-0477-C8/ 3. PURCHASE PRICE (1-02) .-f? / (A) Total Purchase Price I1tJo 4& N ,3"o 5h2Ty lam( f1 '?l(ect5h? n s t rs 1 t 4,,,"en U.S. Dollars which will be paid to Seller by Buyer as follows: (B) Base Price (C) Lot Premium, if any (D) Total Opt on&+ExtrasiAlterafions (see attached addendum) 4. PAYMENT TERMS (142) g 2?4r4co _ $ $ TOTAL PURCHASE PRICE $ Z tF 9 d O (A) Cash or check at signing this Agreement: $ (UC>o (B) Cash or check within AL days of the execution of this Agreement: g ?QC? (C) Non-refundable pr"aid opttonslextres/alterations paid to Seller on or before 5 2 O S Sqb (D) S S (E) Cash, cashier's or certified check at time of settlement g -9.5(.t rjod -- TOTAL PURCHASE PRICE S LT _60, _ (F) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here. (.G) s written approval to be on or before: 0 (H) Conveyance from Seller will be by fee simple deed of special warranty, unless otherwise stated here: (1) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated (1) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici. pal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 5. SCHEDULE OF CONSTRUCTION (11.00) (A) Commencement Date: Seiler estimates that Seller will commence constriction on or about &4W 4A7fA72. C0.0;?-AuC7lo'V selier reserves the right to delay commencement of construction until Buyer has received and signed a valid mortgage commitment in accordance with Paragraph 6. (B) Completion Date: Seiler estimates completion of construction on or about 7 [71 147 Buyer hereby acknowledges that the above estimated time of completion on the pan of Setter is made as an accommodation to Buyer to assist Buyer in formulating future plans. However, ifcommencement, completion, and%orsettlement ire delayed due to inclement weather, strikes, delay; in issuance of permits, unavailabi!ty of labor or materials, or any other reason beyond Seller's -onrrnl, such times and settlement L'ereunder will be automanr alit/ extended according! and time is not deemed to be of the essence. f C? nettP- mza t: S t1,1 ru r ,t i le1 .t ' a, r w r :r t da e ,vr'cn s n t t9 : t dati t r- :x leruive sped tt u n'rr: ?? 7 atter Seiler ;app ics &.1e, eiLII a writ rn love e nl ,etdernen[. Flu ever ,el idle ..rrt, .If sen ,vent, +hr, hd, i,e and prrrr ,es wi.I ha , ??er,*, substantially wmpleted- If the municipality or go vemmentnl AlnhucrY require a I;de .'4 4cccpancy permit, seller will proaidc tine it settlement. 53 Buyer Initials: * 5 ? ArS VC Page I of 6 9 Pennexivrsla A 'sociation of /! U tiE+At., O.R..s Seller Initals: (?M ___ COPY RICH'1' KNNSVI VaLMA \SSl ICLITION OF REAL 1OR.SE 2004 N). 7 3 a 5 5 a 9 tl 13 I3 15 16 t7 to 19 21 22 23 24 2s 26 27 N 29 30 31 32 33 34 3s 4 i7 36 33 40 41 42 43 44 4,i .16 41 sa ii ie ADDENDUNVENDYORSEMENT TO AGREEMENT OF SALE ASS,-L • PROPERTY O ,0,z f SELLER L.?c.J C?? u e 1l >:L BUYER C C ? ad2C 4Gu4 DATE OF AGREEMENT _ S II Io7 P oktTy /.?'Pr?F4c5 hr DES ?,e,c? ae- aarv?T-a- d,t 6uY?zz_ ifl?S • eo?itA?-T op-rtb,j A1 AL L 4 VCIP, fi? ? Tv D??x? 7NcS • 5 Eu z7- A4AME7-, .?+c y'`?ow r? w ?r ?e?N crr pc cs d P?'r N &- /Al wppLC> . 5? eOA ?o : -? r?wh? ?o c?E k5 G?v?t ks P05C,c 6LC -725 -F r *wRjj 1 r,J "Di rw^J ?' ??t s T 4-AAderE A, (P car PA-0l 7'J ?.f?. 4H r Av'o AP?2a4r*+dkrtLya 2 CA-0- L A-*1-i'45 13uu.00- T` Q;2ov Ins ?/oe 1. AJ-19 A4A1( )?P-? jrC Ary 1!Krrx/c,? ) To' '2k M. 'J O gA-« -(b GA1,44 E Dc-dl t- C j5cv <-wcz 7o k acr wl &tY x 'tv 06-cu5s P4-A,vm, Ajc. Perri A,,Ly Tim %SAt--.3 4: SA6CAewr 61 5(1-?a7 , guar /NNdloEU I m SAVES FXIC-a . ' • `rh?S ?vr??f u,QerG??<r.? Q.?t.y 49?? wf ; 5'-.!<$ re-¢i?, 4-o ha re. ho m e, I wspe rvo , wa-A?o iw e.J k be.? : 1 d-? r --o C'o F e ?- eb O c NN c et usr arms . ctv -tcreir evt 4-o?;ve c4( ?P? t CA,-e PU•r SEZrper?aA) 7*6 S 5knPLC C 10 C 1 f.? s (ce(2-i C?-,cP?r ?f g ib ? s c?'? ,EboN o ej All other toms and conditions of the Agreemcnt of Sale remain unchanged and in full force and effcct. WITNESS BUYER DATE ?- t WITNESS/ BCYRR DATE -- WITNESS BUYER _ DATF -- WITNESS SELLER DATE e/? o T WITNESS SELLER DATE WITNESS SELLER DATE Penneylvanla Aaaocintlon of COIIYRIGEIT PENNSYLVANIA ASSOCIATION OF REAL Tossa 2002 W02 REALTORS® ?1?4on• n.,Ar„r,M.i y,...•no...,...e. 04;!2 ) 0 r 7172450683 1 /0?)7 n S C 8 Brookwood Avenue, suite A HONIIESALE SERVICES Carlisle, PA 17015 GROUP Bus. (717) 243-2100 Fax (717) 245-0683 E-Mail www_cbhomesale.com Fc?c C' o er Letter Tod" ?4 r From. Date: / e//r? -7 If you have any questions or comments, please call me at (717) 245-2100 and ask for n ??r, Y Q c?? -~ era- , t• c ; _11 11Gvt'1 ins. #__7 Pages (including cover page) J^es'J LL' ?-- i c+"'_ Each Office Is Independently Owned And aperatxA. -- 1-b ?,- 6 II INSPECTION AUTHORIZATION IN ACCORDANCE. WITH THE AGREEMENT TO PURCHASE REAL ESTATE DATED J FOR THE PURCHASE OF (Inilial Below) I/ we shall order My/Our own inspections. I/We shall authorize COLDWELL BANKER HO MESALE SERVICES GROUP to order he following inspections. /HOLE HOUSE PLUMBING TERMITE/PEST HEATING RADON AIR CONDITIONING MOLD ELECTRICAL LEAD PAINT STRUCTURAL WELL (depth & flow) ROOF/FLASHING 'WATER (nitrate & bacteria) OTHER SEWER/SEPTIC (specify) In the event COLDWELL BANKER HOMESALE SERVICES GROUP orders the above indicated inspection(s), on My/Our behalf, said inspection(s) shall be ordered in My/Our name and-invoiced to the mailing address on the agreement of. sale. I/We agree to pay for said inspection(s) at, or prior to, settlement. Failure of the above transaction to close shall not relieve My/Our responsibility for said payment(s). I/We further hold COLDWELL BANKER HOMESALE SERVICES GROUP harmless in the event a dispute arises as the result of said inspection(s). I/ We shall not hold COLDWELL BANKER HOMESALE SERVICES GROUP responsible/liable for the actions, inactions, competency, or skill level of the inspector(s) selected to perform the initialed inspection(s). COLDWELL BANKER HOMESALE SERVICES GROUP has informed us of our option tc designate inspector(s). I/We make the following designations: I/We are declining the option(s) to inspect the property. COLDWELL BANKER FIOMESALE SERVICES GROUP has informed us of our option tc conduct home inspection(s) prior to settlement, and in accordance with the election of said inspection option(s) contingencies as stated in the Agreement o Sale for the above transaction. (See attached "Home inspections; Why you should obtain one", dated -)1 07 -&,4dA46a BUYER n - 4E?1?0 -/ - DATE - I el I I / - 1l E- ?lh /rb/,t I I C Oo;'04/2 0071 lb =r1 ;( 50383 Lawmen Construction, LLC 149 Kerrs Road Carlisle, PA 17013 In an effort to eliminate misunderstandings as to the standards of the industry and what you can expect from our Company and what is expected of you, the following limited warranty has been developed. Limited Warranty erms, The terms of the various covcmges of this Warranty begin on the date on which you occupy your home or final our home before final settlement is held. without the written consent of Lawnen T you should call our rcrpreSentitive's settlement whichever first occurs. If you occupy y d or Construction, then soY warranties bums, cuts er this in the cnarpet. chipping toft tubs. toilets orsnks, damaged formica, siding, tiles, ate, that attention to any rep d the home, neither nor our are not noted at this time will not be replaced or repaired later- Ater you and your family have occupied you Company would know who caused this type of damage, and unless noted at the settlement, we will not risk unpleasant disagreements by suggesting any warranty as to this type of damage. Coverage. We warrant that; For a period of one year, the floors, ceilings, walls, and other internal structural components of the home whicnot covered by other portions of this Limited Warranty will be free of defects in materials or worlananship. fors specific standards, policies exceptions to the foregoing, sec Clause 3, Paragraph "Exclusions from Coverage", below. For a period of one year, the plumbing, heating, and electrical wiring systems (excluding fixtures) will be free of defects in materials or workmanship. defects in materials or workmanship. For a period of one year, the roof will be free of leaks caused by For a period of one year, the following items will be free of defects in materials or workmanship, c bidoors (includi chard ood); windows; electric switches; receptacles, and fixtures: plumbing fixtures (spigot washers excepted); wid excludes those matters not noted at the settlement as set forth in the preceding item. Manufacturers' Warranties. We assign and pass through to you the manufacturer's warranties on all appliances and equipment. The following arc examples of such appliance and equipment, though nothevery 'howashing mee includes ??nof these items and some homes dishwasher, garbage disposal, may include appliances or equipment not in this list: refrigerat range, Pno In addition, hw warrant the heating element and trtion we warrant ventilating fan and air conditioner. Your hot water tank carries a manufacturer's warranty. costs. It is your responsibility leakage for one year. Your heating system has been selected for its efficiency tog onsib your to have your furnace cleaned before each heating season and under unit t keep level. Thee will be some variations in temperature between outdoor unit level. As ground settles fill in additional ground floors and rooms. Our policy is to guartmtee your heating system for a period of one year. We do not supply additional filters or cleaning. Excluslons from Coverage. We do not assume responsibility for any of the following all of which are excluded from. the coverage of this Limited Warrant'- i. Defects in appliances and pieces of equipment which are covered by manufacturers' warranties. We have assigned these manufacturers' warranties to you, and you should follow the procedures in these warranties if defects appear in these items. (Be sure you fill out the cards which come with your appliances since this is the only way of making the manufacturer's, warranty effective.) 2. Damage due to ordinary wear and tear, abusive use, or lack of proper maintenance of your home. Elsewhere in this agreement we suggest some proper maintenance which you should undertake. ut not 3. Defects which arc the result of chalking, and checking due to srmlighic racks duetto drying and curing of concrete, deflection of woad: fading, chalking, and g of paint stucco, plaster, bricks, and masonry; drying, shrinking and cracking of caulking and weather-stripping, Our policies with regard to these matters are set forth below. Oh/04/20')] I, J -J R :i 15v?; ,3 Concrata will contract. expand and creek due to changing temperatures and the nature of the material. This is evidenced by minor cracks appearing in the concrete. This in no way affects the overall strength of the concrete. It is our policy to repair any cracks in ix (6) ven though settlement after of the existing concrete due oathe different drying and/or conditiothe rwe may use basic excess of thrcc-cighth (31g") inch in be used it is impossible width to match `the"colorvertical material rr,ay a special epoxy cement. Exterior concrete will chip and flake if salted in winter conditions; we assume no responsibility for this. Basement floors arc not designed to slope toward drain and are not guaranteed level or without low spots because-of the nature and "setting up" c ? uc ytess of concrete. Nor is it possible to guarantee a uniform thickness throughout. We well purchase enough concrete to apply 4" inches but we cannot guarantee against places of less, because of the nature of concrete and its placctrient. Stoops, porches and patios which are poured separately and simply abut to the house, may settle or pull away from house. that does not exceed one (1") inch in movement is considered an acceptable occurrence, Anything Many times moisture on basement walls is caused by outside conditions, Where this occurs check to see if your runoffs attached to your downspouts are working properly. A further check should be made to assure that the till dirt around waterproof, building has not settled allowing surface water to run toward the wall and around outside cellar ways. Basements are not guarani rip The Contractor shall not be held liable for drywall and wood shrinkage wben beating with any fuel burning stoves and fireplaces. Brick, block and stone veneer cracks are common and cracks a VV or less art considered routine owner maintenance. Masonary can appear to be chaulky in winter months and 13 a normal occurrence. A squeak-proof floor cannot be guaranteed. Lumber shrinkage as well as temperature and humidity changes may cause squeaks. Pouch up painting needing to be performed is unavoidable. It is our policy to only touch-up the spot that is needed not the entire wall, ceiling, room, door, or etc. Any soil washouts from rain or melting snow or burnouts due to droughts after settlement are the sole responsibility of buyer. As to the quality and quantity of the growth of grass, it is buyers responsibility to water, fertilize, and reseed as necessary. Because of the nature of wood with its different characteristics, graining and colors, it must be recognized that all woods even of trim, kitchen cabinets, etc., may be the same say bell not particularly Therefore iced If kitchen cabinet parts and doors must replaced It is not un common forodoors to begins t eking caring This is may during the process of the home settling and drying out Our policy will be to make one service call to trim or adjust the doors- Check your vinyl siding carefully prior to the settlement as we cannot replace siding due to denis thereafter. Unfortunately all siding can be dented Therefore. we suggest that care be exercised. i.e.. that hard objects like balls not be thrown against the house. A detergent may be used in washing your siding providing it contains no bleach or abrasives, use a sponge, not a selff brush. Even though we have engaged good installers of vinyl floors there are certain factors over which we have no control. The most obvious is nails rising and seams in the underlayment contracting or expanding. These are caused by shrinking and deflection which occur as the house "dries out". In the case of a nail showing we recommend placing a steel trowel over the nail and driving it down with a expec hammer. Even though we purchase only kiln-dried lumber, there is som C on ac ai an his is a normal happen i and there of no ay to process this movement causes the joints to become more evident as the drying preclude it. Any damage or separated vinyl will be replaced with a properly sized replacement piece of'vinyl. We will not replace the whole room with now vinyl. Experience has taught us that in high wind areas seal-down shingles am the most satisfactory. ory. ?ndsoDo not thbe alamed, ough theyas are this more costly, we use them on all houses. You will notice that when first applied they will again hst is a normal condition. it takes a few warm days before the mastic on the underside of the shingles "sets", Our policy is to guarantee leaks and to replace any shingle, which might be blown off for a year under normal conditions, In the event of any unusual windstorm you should contact your insurance agent. Also, in some cases, i.e., such as high wind and severe rainstorms. storm doors might be recommended to help keep moisture from coming in around the door. Drywall has little or no expansion or contractions factors. On the other hand, lumber has a high porosity and thereby is subject to swelling and shrinking depending upon the degree of moisture to which it's exposed. These two incompatibles corning in direct contact sometimes causo nails to pop and in some cases a slight swelling at the joints. This is usually evidenced in the first six (b) months during the drying out process. Our policy is to make one service call where a problem exists preferably six (6) months after you have occupied your home. 'Wc assume no responsibility for painting, paper hanging, cleaning or decorating from necassary repairs having been trade or caused by the tcpairs. 2 4_ New carpet sometimes has a disagreeable odor, If this occurs, air the rooms as weather conditions permit. There are no guarantees from the carpet manufacturers as to wear or stain resistance even though we purchase a good grade. Also, some carpet seams will be visibic, this is normal. Pets in a home will nullify even a manufacturer's implied warranty. 5. Defects in items installed by you or anyone else except Lawmen Construction including items installed by iudcpcadcnt subconcractors which are not included in our contract whether or not arranged for you b7 u;9 at your request. 6, Work done by you or anyone else except Lawmen Construction such as sending, caulking, painting, landscaping, sidewalks, driveways, etc. 7. Loss or injury due to the elements. S. Conditions resulting from condensation on or expansion or contraction of materials. 9_ Damagc due to the soil or topographical conditions of your lot or your failure to landscape or prepare the ground around the home. 10. Consequential or incidental damages. (Some stets do apply tow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not to you.) including No Other Warranties. This Limited Warranty ;CUdt? only exp amed habit?abilitwe are limitepd'to the wartattry periods set forth limited to warranties of merchantability, fitness for a part purpose, n above. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other legal rights, which vary, from state to state. Claims Procedure. If a defect appears which you think is covered by this Limited Warranty, you must write a letter describing it to our office at 149 Kerrs Road. Carlisle, PA 17015. You must tell us in your latter whatimes s during hout business auac us at 7172 6-5you 085 ?orbe at home so that we can schedule service calls. If delay will cause extra damage (i.e., if a pipe ) P 717-776-3008. Only emergency reports will be taken by phone. Repairs, Upon receipt of your written report of a defect, if the defective item is covered by this Limited Warranty, we will repair or replace it at no charge to you, within sixty (60) days (longer if weather conditions, labor problems or material shortages cause delays.) The work will be done by us or subcontractors chosen by us. The choice between repair or replacement is ours. Lawmen Construction, LLC Keith Sheriff, President Mike Sheriff, Vice President Grant Marshall, Seeretary/Treasurer .' Date -5 12t kl Dam ? a 7 Date CERTIFICATE OF SERVICE I, Girard E. Rickards, attorney for the plaintiffs, do hereby certify that on this day I have served the defendant with a true and correct copy of the foregoing Plaintiff's Complaint, via first class mail, postage prepaid as follows: Lawmen Construction, LLC 149 Kerrs Road Carlisle, PA 17015 Nancy C. Altimeyer 8 Brookwood Ave., Suite A Carlisle, PA 17015 Coldwell Banker Homesale services Group 8 Brookwood Ave., Suite A Carlisle, PA 17015 Date: July 27, 2009 G Gir rd E. Rickards C r ?,t, r 2c vL'W_ 26 F;TILES\Clients\13539 Lawmen Construction, LL013539. Lpral Revised: 8/14/09 1:58PM DAVID A. FITZSIMONS, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction, LLC PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs V. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC., SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4615 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant Lawmen Construction, LLC, in the above matter. Dated: Auguste, 2009 ARTSON LAW OFFICES By David A. Fitzsimons, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 (Attorney for Plaintiffs) Ms. Nancy C. Altimeyer 8 Brookwood Avenue, Suite A Carlisle, PA 17015 Coldwell Banker Homesale Services Group 8 Brookwood Avenue, Suite A Carlisle, PA 17015 MARTSON LAW OFFICES By. Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August , 2009 RLM-OFHOE OF THE MV0VARY 2009 AUG 14 PM 3, Z4 CUMB Liv44) COUNTY .. PENNSYLVANIA Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altimeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group PHILIP A. McCARTHY and MARCY J DOUGLASS, Plaintiffs VS. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC. SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., AND HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4615- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of the Defendants, Nancy C. Altimeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group, only. Respectfully submitted: Date: o? 1 6Ws . Marsico, Esquire AttorrVy' I.D. No. 69804 CERTIFICATE OF SERVICE AND NOW, this o?/ day of h? 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 David A. Fitzsimons Martson Law Offices 10 East High Street Carlisle, PA 17013 CALDWELL & KEARNS By 153649 RED- FT :f } 2009 SL:II' 22 PlH 12: is 3' F:\FILES\CGents\13539 Lawmen Construction, LLC\13539.I.ans Revised: 1016/09 3:47PM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction, LLC PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs V. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC., SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4615 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT LAWMEN CONSTRUCTION LLC TO: PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs, and their attorney, GIRARD E. RICKARDS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND CROSS CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Lawmen Construction, LLC, by and through its attorneys, MARTSON LAW OFFICES, and avers the following in response to Plaintiffs' Complaint: 1-2. Admitted. 3-4. Admitted based upon information and belief. 5. Denied. It is denied that at all times relevant hereto, Lawmen Construction, LLC is in the business of building residential properties. On the contrary, at this writing, Lawmen is no longer engaged in the business of building residential properties. 6. Admitted in part and denied in part. It is admitted only that Answering Defendant constructed the home on the property. It is denied that Answering Defendant was the developer of the property. On the contrary, Answering Defendant purchased the lot from Ronald F. and Peggy Jo Coyler who had subdivided that lot from the parent tract. 7. Admitted. 8. Admitted upon information and belief. 9. Denied. The averments of Paragraph 9 constitute a conclusion of law to which no response is required by the Pa. R.C.P. To the extent that a response is required, the Agreement of Sale, being an instrument in writing, speaks for itself. To the extent that the averments of Paragraph 9 are inconsistent therewith or attempt to characterize the Agreement out of context, they are denied. 10. Denied. 11. Denied. Upon reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 11 of the Complaint. 12. Denied. Upon reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 12 of the Complaint. 13. Admitted. 14. Denied. Upon reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 14 of the Complaint. Strict proof thereof is demanded at trial. COUNT I 15. The averments of Paragraphs 1 through 14 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 16. Denied. The averments of Paragraph 16 constitute a conclusion of law to which no response is required by the Pa. RCP. To the extent that a response is required, at the time of closing the owners/buyers (in this instance, Plaintiffs), had undertaken testing of the water supply to their satisfaction and had determined that the water passed their requirements. 17. Denied. The averments of Paragraph 17 are conclusions of law to which no response is required by the Pa. R.C.P. 18. Denied. The averments of Paragraph 18 constitute a conclusion of law to which no response is required by the Pa. RCP. To the extent that a response is required, upon information and belief the drinking water to the property is safe. Moreover, Answering Defendant complied with all requests regarding the water system as directed by Plaintiffs and Plaintiffs' agents, and provided a UV light as requested and contracted based upon the testing undertaken by or on behalf of Plaintiffs by their agents. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its 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 19. The averments of Paragraphs 1 through 18 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 20. Denied. The averments of Paragraph 20 constitute a conclusion of law to which no response is required by the Pa. RCP. To the extent that a response is required, the Agreement of Sale, being an instrument in writing, speaks for itself. To the extent that the averments of Paragraph 20 are inconsistent therewith or attempt to characterize the Agreement out of context, they are denied. By way of further response, Paragraph 10 of the Agreement of Sale was modified in the Addendum endorsement so that Answering Defendant would and did provide a UV light at the request of Plaintiffs after testing of the water by Plaintiffs and/or their agents. 21-23. Denied. The averments of Paragraphs 21-23 constitute a conclusion of law to which no response is required by the Pa. RCP. To the extent that a response is required, it is specifically denied that Plaintiffs reasonably relied upon any alleged misrepresentation to their detriment. To the contrary, the settlement documents clearly note that the Plaintiffs/Buyers took the responsibility to test the water system to the home and represented their acceptance of the system contingent upon the installation by Answering Defendant of a UV light system. This was installed as agreed and as determined by Plaintiffs' testing procedures. 24. Denied. The averments of Paragraph 24 constitute a conclusion of law to which no response is required by the Pa. R.C.P. To the extent that a response is required as to the allegations in subparagraphs a-g of Paragraph 21, upon reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth of those averments. Proof thereof is required at trial if admissible. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its 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 25. The averments of Paragraphs 1 through 24 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 26. Denied. The averments of Paragraph 26 constitute a conclusion of law to which no response is required by Pa. R.C.P. To the extent that a response is required, the Agreement of Sale, being an instrument in writing, speaks for itself. To the extent that the averments of Paragraph 26 are inconsistent therewith or attempt to characterize the Agreement out of context, they are denied 27. Denied. The averments of Paragraph 27 constitute a conclusion of law to which no response is required by the Pa. R.C.P. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT IV 28. The averments of Paragraphs 1 through 27 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 29. Admitted. 30. Denied. The averments of Paragraph 30 constitute a conclusion of law to which no response is required by the Pa. R.C.P. To the extent that a response is required, the items identified in Paragraph 30 were not brought to the attention of Answering Defendant within one year of the warranty as expressed in the Agreement attached to the Complaint as Exhibit "C." 31. Denied. The averments of Paragraph 31 constitute a conclusion of law to which no response is required by the Pa. R.C.P. 32. Denied. The averments of Paragraph 32 constitute a conclusion of law to which no response is required by the Pa. R.C.P. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT V 33. The averments of Paragraphs 1 through 32 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 34-35. The averments of Paragraphs 34 and 35 are conclusions of law to which no response is required by the Pa. R.C.P. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT VI 36. The averments of Paragraphs 1 through 35 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 37. Denied. The averments of Paragraph 37 constitute a conclusion of law to which no response is required by the Pa. R.C.P. To the extent that a response is required, Answering Defendant was not the developer of the property at issue. On the contrary, this lot was purchased by Answering Defendant from Ronald F. and Peggy Jo Coyler who subdivided the lot from the parent tract. 38. Denied. The averments of Paragraph 38 constitute a conclusion of law to which no response is required by the Pa. R.C.P. To the extent that a response is required, it is denied that Answering Defendant installed the upper driveway of the home which was installed by a separate contractor under direct contract with the Plaintiffs. By way of further response, upon reasonable investigation, the Answering Defendant is without knowledge sufficient to form a belief as to the truth of the remaining averments related to alleged defects and whether such alleged defects would constitute breaches of implied warranty. 39. Denied. The averments of Paragraph 39 constitute a conclusion of law to which no response is required by the Pa. R.C.P. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT VII 40. The averments of Paragraphs 1 through 39 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 41-46. The averments of Paragraphs 41 through 46 are directed to parties other than the Answer Defendant and such response is not required. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT VIII 47. The averments of Paragraphs 1 through 46 of this Answer with New Matter are incorporated herein by reference as if fully set forth. 48-51. The averments of Paragraphs 48 through 51 are directed to parties other than the Answer Defendant and such response is not required. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its 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 52. The averments of Paragraphs 1 through 51 of this Answer are incorporated herein by reference as if fully set forth. 53. The Complaint fails to state a claim for which relief may be granted. 54. Plaintiffs received a credit from Answering Defendant Lawmen Construction, LLC., in the amount of $800.00 when they requested to install their own driveway. 55. Plaintiffs independently contracted with a paving contractor and had their own driveway installed. 56. Answering Defendant Lawmen Construction, LLC., did not install the driveway at the Plaintiffs' residence. 57. Answering Defendant Lawmen Construction, LLC., installed an ultraviolet light water purifier at the request of Plaintiffs as a result of water tests on behalf of Plaintiffs by Plaintiffs' agents. 58. The residence is inhabited by Plaintiffs and the water is potable. 59. With regard to Plaintiffs' claims relating to the suitability of the water system at the property, Plaintiffs are contributory and/or comparatively negligent in their actions with regard to installation of an appropriate system in that upon information or belief, Plaintiffs or their agents failed to thoroughly and properly test water as was Plaintiffs' responsibility under the Agreement of Sale. 60. The Limited Warranty for the property attached to Plaintiff Complaint as Exhibit "C" has a one year term from the date of settlement. 61. The Limited Warranty attached to Plaintiff Complaint as Exhibit "C" was signed on the date of settlement, July 20, 2007. 62. The items enumerated in Paragraph 30 of the Complaint and alleged as defects in materials and/or workmanship under the warranty were noticed to Answering Defendant on a letter dated September 10, 2008. 63. The Limited Warranty attached to Plaintiff Complaint as Exhibit "C" expired according to its terms on July 20, 2008. 64. The Complaint fails to state a claim upon which relief can be granted. 65. Plaintiffs' action against Answering Defendant is barred because of failure of consideration. 66. Plaintiffs' action against Answering Defendant is barred by the principle of laches. 67. Plaintiffs' action against Answering Defendant is barred by the doctrine of waiver. 68. Plaintiffs' action against Answering Defendant is barred by the doctrine of estoppel. 69. If the Plaintiffs sustained the damages alleged in the Complaint, which potential finding is hereby expressly denied, then such claims are prohibited and/or barred and/or reduced pursuant to and by virtue of the doctrine of contributory negligence or comparative negligence, as the case may be, and/or the doctrine of assumption of the risk, such as may be determined during discovery and trial of this action and for the reasons set forth in this New Matter. 70. If the Plaintiffs have suffered any damages, which potential finding is hereby expressly denied, then it is believed that there was an intervening cause or causes leading to said injuries and/or damages and, as such, any action on the part of the Defendants was not the proximate and/or competent producing cause of the Plaintiffs' damages. 71. If the Plaintiffs' have suffered any damages, which potential finding is hereby expressly denied, then it is believed that some or all of the alleged injuries and/or damages were or may have been caused and/or contributed in whole or in part by the negligence and/or related actions of one or more third persons for whose conduct the Defendants are not responsible, or with whom the Defendants have no legal relation. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its favor and against the Plaintiffs, together with an award of such costs, interest and other relief as the Court deems just and reasonable. CROSS CLAIM PURSUANT TO Pa. R.C.P. 1031 (1). 72. The averments of Paragraphs 1 through 51 of Plaintiffs' Complaint are incorporated herein by reference and without adoption, and asserted against Defendants Nancy C. Altimeyer, Concept 100 Slaugh & Company, Inc., Westgo II Real Estate, Inc., Proactivity Plus, Inc., Slaugh Myers Concept 100 & Company, Inc., Slaugh Wagner Concept 100 & Company, Inc., Slaugh Full Service Concept 100 & Company, Inc., and Homesale Real Estate Service, Inc., t/d/b/a Coldwell Banker Homesale Services Group ("Altimeyer et al."). 73. The averments of Paragraphs 1 through 71 of this Answer are incorporated herein by reference as if fully set forth. 74. If the Answering Defendant is found liable, which eventually is specifically denied, Defendants Altimeyer et al are alone liable to the Plaintiffs, or liable over to Answering Defendant Lawmen Construction, LLC, or jointly or severally liable to the Plaintiffs or liable to Answering Defendant directly by way of contribution and/or indemnity. WHEREFORE, Answering Defendant Lawmen Construction, LLC., demands judgment in its favor and against Defendants Nancy C. Altimeyer, Homesale Real Estate Service, Inc., t/d/b/a Coldwell Banker Homesale Services Group and prays that Defendants Nancy C. Altimeyer, Homesale Real Estate Service, Inc., t/d/b/a Coldwell Banker Homesale Services Group be held solely liable to Plaintiffs, jointly and severally liable with Answering Defendant or liable over to Answering Defendant directly by way of contribution and/or indemnity. r? MARTSON LiA-W OFFICES By, David A. Fitzsimons, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction Dated: October 6, 2009 VERIFICATION I, Grant Marshall of Lawmen Construction, LLC., hereby verify that I am authorized to sign this Verification and have reviewed the foregoing document and to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. GranMarshall Lawmen Construction, LLC. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 (Attorney for Plaintiffs) Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendants Nancy C. Altimeyer, Homesale Real Estate Services, Inc. t/d/b/a Coldwell Banker Homesale Services Group) MARTSON LAW OFFICES 4 Y. T 'ci . Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 6, 2009 FI EI-l 20G9 GOT -6 Pt` 3: 54 !J!:1?`VtVt?71E L.it?,r'; .aiia_ 0 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altmeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group PHILIP A. McCARTHY and MARCY J. IN THE COURT OF COMMON PLEAS DOUGLASS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC. SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., AND HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants NO. 09-4615- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICETOPLEAD To: PHILLIPS A. McCARTHY and MARCY J. DOUGLASS Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 LAWMEN CONSTRUCTION, LLC David A. Fitzsimons, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter and Cross-Claim within twenty (20) days from service thereof or a judgment may be entered against you. Date: as . Marsico, Esquire Atto I.D. No. 69804 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altimeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group PHILIP A. McCARTHY and MARCY J DOUGLASS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC. SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., AND HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants : NO. 09-4615- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERING DEFENDANTS NANCY C. ALTIMEYER AND HOMESALE REAL ESTATE SERVICES, NC., T/D/B/A COLDWELL BANKER HOMESALE SERVICES GROUP'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER. AND NOW comes Answering Defendants, Nancy C. Altimeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group, by and through their attorney, Douglas K. Marsico, Esquire, and files this Answer to Plaintiffs' Complaint with New Matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Denied. The correct spelling is Nancy C. Altmeyer. 4. Denied as stated. Westgo II Real Estate, Inc. is the surviving merger company which, by articles of amendment, changed its name to Homesale Real Estate Services Inc. t/d/b/a Prudential Homesale Services Group. It is admitted that Homesale Services Inc., is a Pennsylvania corporation with a registered business address of 131 Centerville Road, Lancaster, Pennsylvania 17603, and that Coldwell Banker Homesale Services Group is a registered fictitious name owned by Homesale Services Inc. However, Homesale Services, Inc., no longer trades or conducts business as Coldwell Banker Homesale Services Group. By way of further answer, all other companies named in the caption of the Complaint were merged into Westgo II Real Estate, Inc. 5. Admitted. 6. Admitted. 7. The document speaks for itself. 8. Admitted. 9. The document speaks for itself. 10. The document speaks for itself. 11. Admitted. 12. Admitted in part. It is admitted that a water test was performed by American West Tech, Inc., which tested the bacteria levels of the water. It is further admitted that American West Tech did not perform a nitrate test. By way of further answer, prior to settlement the laboratory results summary from American West Tech was provided to the Plaintiffs along with an invoice. 13. Admitted. 3 14. Denied. After reasonable investigation Answering Defendants are without sufficient information to form a belief as to the truthfulness of the allegation in paragraph 14, therefore, the same is denied. 15-39. The allegations in paragraph 15-39 are directed to a Defendant other then Answering Defendants and, therefore, no answer is required by Answering Defendants. 40. No answer required. 41. Denied. Nancy Altmeyer advised the Plaintiffs that a radon test should not be done before construction was completed since the test canisters must sit undisturbed in a basement that is fully closed, in order to obtain accurate readings. The decision to completely waive having the Agreement of Sale contingent upon the results of radon testing was ultimately made by the Plaintiffs. 42. Admitted in part. It is admitted the Plaintiffs did not have a radon test conducted prior to closing. However, this was a decision ultimately made by the Plaintiffs. 43. Denied. After reasonable investigation Answering Defendants are without sufficient information to form a belief as to the truthfulness as to the allegation in paragraph 43, therefore the same is denied. 44. Denied. Paragraph 44 contains a legal conclusion to which no answer is required. 45. Denied. Paragraph 45 contains a legal conclusion to which no answer is required. By way of further answer, it is specifically denied that Nancy C. Altmeyer was negligent. 46. Denied. Paragraph 46 contains a legal conclusion to which no answer is required. By way of further answer, after reasonable investigation, Answering Defendants have insufficient facts to form a belief as to the truthfulness as to whether the Plaintiffs were "required" to install a radon mitigation system. 4 47. No answer required. 48. Admitted. 49. Denied. Paragraph 49 contains a legal conclusion to which no answer is required. 50. Denied. Paragraph 50 contains a legal conclusion to which no answer is required. 51. Denied. Paragraph 51 contains a legal conclusion to which no answer is required. NEW MATTER 52. Answering Defendants answers to paragraphs 1 through 51 are incorporated herein as if set down fully at length. 53. Prior to settlement, the Plaintiffs were provided with the laboratory result summary from American West Tech, Inc. 54. The Plaintiffs were made aware, by reviewing the laboratory result summary of American West Tech, Inc., that only a bacteria test, not a nitrate test, was performed. 55. After receipt of the summary from American West Tech, the Plaintiffs did not request a nitrate test or question why a nitrate test was not performed. 56. The decision to completely waive having the Agreement of Sale contingent upon the results of radon testing was ultimately made by the Plaintiffs. 57. Plaintiffs' cause of action is barred by the express terms of the Agreement of Sale. 58. Plaintiffs' cause of action is barred by their own contributory negligence and/or the provisions of the Comparative Negligence Act. 59. Plaintiffs' cause of action is barred by the doctrine of merger. 60. Plaintiffs' cause of action may be barred in whole or in part by the applicable statute of limitations. 61. Plaintiffs' cause of action may be barred in whole or in part by the assumption of risk. 5 62. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of economic loss. 63. The Complaint fails to state a claim upon which relief can be granted. 64. If the Plaintiffs sustained damages as alleged in the Complaint, which damages are strictly denied, the damages were caused by the acts or omissions of entities or individuals over which the Answering Defendants had no control or legal duty to control. ANSWERING DEFENDANTS' CROSS-CLAIM PURSUANT TO Pa. R.C.P. 1031.1 CROSS-CLAIM AGAINST CO-DEFENDANT LAWMEN CONSTRUCTION, 65. All prior answers are incorporated herein as though set forth at length. 66. Answering Defendants assert a cross claim against Defendant Lawmen Construction, Inc., and any future Additional Defendants, and further assert that should Plaintiffs prevail on their claims as set forth in their Complaint, any liability on the part of the Answering Defendants being specifically denied, it is averred that the damages were caused or substantially contributed to by the negligence, or other conduct of the Defendants Lawmen Construction as more specifically set forth in Plaintiffs' Complaint, and in the New Matter asserted above, and Answering Defendants hereby aver that Defendants Lawmen Construction are solely liable to the Plaintiffs, jointly and severely liable with the Answering Defendants, or liable over to the Answering Defendants for all sums awarded of any part and against the Answering Defendants at the trial of this matter. 6 WHEREFORE, Answering Defendants, Nancy C. Altmeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group respectfully requests this Honorable Court enter judgment in its favor and against the Plaintiffs and all others. Respectfully submitted: Date: 40?- . ? arsico, Esquire o y . No. 69804 C ELL & KEARNS 3 1 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altmeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group 7 VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. Date Nancy . Altmeyer VERIFICATION 1 verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. § 4904 relating to unsworn falsification to authorities. HOMESALE REAL ESTATE SERVICES, INC. G' -7/0 , By: Ate CERTIFICATE OF SERVICE AND NOW, this -V- day of October, 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 David A. Fitzsimons Martson Law Offices 10 East High Street Carlisle, PA 17013 CALDWELL & KEARNS 154051 RMEEJ- TFE 2009 OCT 19 Px`1 C- 49 t> 1 Douglas K. Marsico, Esquire Attorney I.D. No. 69804 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altmeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group PHILIP A. McCARTHY and MARCY J. IN THE COURT OF COMMON PLEAS DOUGLASS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC. SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., AND HOMESALE REAL ESTATE SERVICES, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants NO. 09-4615- CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERING DEFENDANTS NANCY C. ALTIMEYER AND HOMESALE REAL ESTATE SERVICES INC. T/D/B/A COLDWELL BANKER HOMESALE SERVICES GROUP'S REPLY TO CROSS-CLAIM OF DEFENDANT LAWMEN CONSTRUCTION, LLC.. AND NOW comes Answering Defendants, Nancy C. Altimeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group, by and through their attorney, Douglas K. Marsico, Esquire, and files this Reply to Cross-Claim of Defendant Lawmen Construction, LLC and thereof avers as follows: 72. No answer required. 73. No answer required. 74. The averments of paragraph 74 are legal conclusions to which no answers are required. WHEREFORE, Answering Defendant respectfully requests judgment in their favor and against all other parties. Date: Respectfully submitted: Diu K. Marsico, Esquire ey I.D. No. 69804 ALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorney for Defendants, Nancy C. Altmeyer, and Homesale Real Estate Services, Inc., t/d/b/a Coldwell Banker Homesale Services Group 2 N CERTIFICATE OF SERVICE AND NOW, this O'day of October, 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 David A. Fitzsimons Martson Law Offices 10 East High Street Carlisle, PA 17013 CALDWELL & KEARNS BY ?/ 154051 Tt Ply ON V J { 1 J ? i?f +J • f_t tf L L} .~ F:\FILES\CGents\13539 Lawmen Construction, LLC`.13539.1.reply Revised: I I / 12109 l o' 12AM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction, LLC PHILIP A. McCARTHY and MARCY J. DOUGLASS, Plaintiffs v. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC., SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4615 CIVIL ACTION -LAW JURY TRIAL DEMANDED REPLY OF DEFENDANT LAWMEN CONSTRUCTION LLC TO CROSS CLAIM AND NOW, comes the Defendant, Lawmen Construction, LLC, by and through its attorneys, MARTSON LAW OFFICES, and avers the following in reply to Cross Claim: 65. The averments of Responding Cross-Claim Defendants' Answer with New Matter and Cross-Claims are hereby incorporated and reasserted as if fully set forth herein. 66. Denied. The averments of Paragraph 66 constitute a conclusion of law to which no response is required by the Pa. R.C.P. r ~. WHEREFORE, Answering Defendant, Lawmen Construction, LLC, respectfully requests that this Court dismiss Plaintiffs' Complaint with prejudice and enter judgment in its 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 FFICES By ~ David A. Fitzsimons, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 ~ ~ ,per j Q Attorneys for Defendant Lawmen Construction Dated: ~~H~~ w " ` 1 ~ j ~ I -~, CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Reply to Crossclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 (Attorney for Plaintiffs) Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendants Nancy C. Altimeyer, Homesale Real Estate Services, Inc. t/d/b/a Coldwell Banker Homesale Services Group) MARTSON LAW OFFICES By ncia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~ UV~'r' ~" - ` I`~ t ~ ~~ I i~...._l.," ., ... 4. ,1~ ~u'.' lv dJ 6 J I iii { ~ ..!`~ ~~ ,~ ;-~. ,. _. ; PHILIP A. MCCARTHY and IN THE COURT OF COMMON PLEAS OF MARCY J. DOUGLAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW VS. NO. 09-4615 CIVIL LAWMEN CONSTRUCTION, ET AL., Defendants ORDER AND NOW, this z 3't day of March, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Ron Turo, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, 'A? Kevin A/Hess, P. J. Ron Turo, Esquire Court Administrator 'uo :rlm yPc? Act,leel 31i2 Zrnuo N =c ?_ - nit-, r= ---+c: .{c Zr- = C ) 171.- . , F:\FILES\Clients\13539 Lawmen Construction, LLC\13539.1. pra Revised: 4/24/12 131 PM Cam, tom? t`'. . rt7 =I ° ' David A. Fitzsimons, Esquir e- _, ;-= Tit . MARTSON LAW OFFICES I.D. 41722 r-- ?-r 10 East High Street Carlisle, PA 17013 f' ca (717) 243-3341 ; co Attorneys for Defendant Lawmen Construction, LLC - PHILIP A. McCARTHY and IN THE COURT OF COMMON PLEAS OF MARCY J. DOUGLASS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. LAWMEN CONSTRUCTION, LLC, NANCY C. ALTIMEYER and CONCEPT 100 SLAUGH & COMPANY, INC., WESTGO II REAL ESTATE, INC., PROACTIVITY PLUS, INC., SLAUGH MYERS CONCEPT 100 & COMPANY, INC., SLAUGH WAGNER CONCEPT 100 & COMPANY, INC., SLAUGH FULL SERVICE CONCEPT 100 & COMPANY, INC., and HOMESALE REAL ESTATE SERVICE, INC., t/d/b/a COLDWELL BANKER HOMESALE SERVICES GROUP, Defendants NO. 09-4615 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the docket settied and discontinued with prejudice as to all claims and cross- claims in this action. LAW OFF F jRARD F RICKARDS By Gi and E. Rickards, Esquire 135 South Duke Street York, PA 17401 (717) 845-4038 Attorney for Plaintiff Date: 7 RTSO LA I By 1 L David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Lawmen Construction Date: -V , . . CALDWELL & KEARNS y quire nt Street A 17110 (717) 2!7661 Attorney for Defendants Nancy C. Altimeyer, Homesale Real Estate Services, Inc. t/d/b/a Coldwell Banker Homesale Services Group Date: RECEIVED MAY % ( 2012 MAR TSU[N CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Girard E. Rickards, Esquire 135 South Duke Street York, PA 17401 (Attorney for Plaintiffs) Douglas K. Marsico, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (Attorney for Defendants Nancy C. Altimeyer, Homesale Real Estate Services, Inc. t/d/b/a Coldwell Banker Homesale Services Group) MARTSON LAW OFFICES t CYTricia ckenr ad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 7, 2012