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Home My WebLink About10-0828LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attomey I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attomey for Plaintiffs JERRY A. KUHLMAN,11 and IN THE COURT OF COMMON PLEAS OF JAMIE KUHLMAN, Husband and Wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Civil Action - No. V. ; /6 - ?-;I.- ?- BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, : MATTHEW KENNEDY, Adult Individual, 1ST BALLOT PROPERTIES, LLC, d/b/a : JURY TRIAL DEMANDED The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1 sT Advantage, : DONNA FLEETWOOD, Adult Individual Defendants COMPLAINT AND NOW, Plaintiffs, Jerry A. Kuhlman, II and Jamie Kuhlman, by and through their undersigned attorney, submit the following Complaint and in support thereof aver the following: The Plaintiffs Jerry A. Kuhlman, II and Jamie Kuhlman (hereinafter "Plaintiffs"), husband and wife, are adult individuals currently residing at 1012 Tiverton Road, Mechanicsburg, Pennsylvania, 17050. 2. Defendants Brian E. Neff and Georgette R. Neff (hereinafter "Defendants Neff"), husband and wife, are adult individuals currently residing at 8579 Tourmaline Boulevard, Boynton Beach, Florida, 33472. 3. Defendant 1st Ballot Properties, LLC d/b/a The BdckKicker Home Inspections (hereinafter "Defendant BrickKicker"), is a Pennsylvania limited liability company that provides home inspection services with a principal place of business located at 3920 Market Street, Camp Hill, Pennsylvania 17011. 4. It is believed and therefore averred that Defendant Matthew Kennedy (hereinafter "Defendant Kennedy") conducts home inspection services on behalf of Defendant BrickKicker as an agent, servant, employee and / or owner of Defendant BrickKicker. 5. It is believed and therefore averred that Defendant Matthew Plank (hereinafter "Defendant Plank") provides pest inspection services under the unregistered trade name Naturzone Pest Control with a principal place of business located of 717 Market Street, Lemoyne, Pennsylvania, 17043. 6. Defendant 1 st Advantage Realty, Inc. d/b/a Re/Max 1 st Advantage (hereinafter "Defendant Re/Max") is a Pennsylvania corporation with its principal place of business located at 6375 Mercury Drive, Suite 101, Mechanicsburg, Pennsylvania 17050. 7. Defendant Donna Fleetwood (hereinafter "Defendant Fleetwood") is a licensed Pennsylvania real estate salesperson currently conducting business through Defendant Re/Max with her principal place of business located at 6375 Mercury Drive, Suite 101, Mechanicsburg, Pennsylvania 17050. 8. In August 2005, Defendants Neff purchased residential property improved with a two-story single family dwelling located at 1012 Tiverton Road, Mechanicsburg, Pennsylvania (hereinafter "Home"). 9. Defendants Neff resided in the Home from August 2005 until August 30, 2009. 10. Defendants Neff listed the Horne for sale with Defendant Re/Max (as broker) and Defendant Fleetwood (as agent) on or about May 21, 2009. 11. Defendant Fleetwood acted as the listing agent on behalf of Defendant Re/Max with respect to the matters set forth in this complaint. 12. It is believed and therefore averred that Defendant Fleetwood acted at all times under the supervision of and within the scope of authority granted by Defendant Re/Max. 3 13. On or about May 21, 2009, Defendants Neff completed a Pennsylvania Association of Realtors form Seller's Property Disclosure Statement (hereinafter "Disclosure Statement") for the Home. A copy of the Disclosure Statement is attached hereto as Exhibit A. 14. It is believed and therefore averred that Defendant Fleetwood provided Defendants Neff with the Disclosure Statement form and assisted Defendants Neff in their completion of the form. 15. The property was marketed for sale on the Central Pennsylvania Multi-List, an online brokerage data base used by real estate agents to facilitate the buying and selling of real estate. 16. The Disclosure Statement was posted for review and retrieval on the Central Pennsylvania Multi-List. 17. Defendant Fleetwood prepared a marketing brochure for the Home that included specific details about the size, layout, features and renovations to the dwelling. A copy of the promotional materials is attached as Exhibit B. 18. According to the marketing brochure, "much of the home had recently been repainted." 19. Plaintiffs were shown the Home in June, 2009. 20. At the time of the showing, the interior of the dining room windows were partly obscured by draperies and floor plants. 21. On June 29, 2009, Plaintiffs and Defendants Neff entered into an Agreement of Sale for the Home. A copy of the Agreement of Sale is attached as Exhibit C. 22. Plaintiffs conditioned their purchase of the Home on obtaining a property inspection report and a wood destroying insect report, both to indicate a condition of the Home satisfactory to Plaintiffs. 23. Plaintiffs contracted with Defendant BrickKicker to complete the property inspection and the wood destroying insect inspection. 24. On July 1, 2009, Defendant Kennedy conducted a property inspection and prepared a report of the same for Plaintiffs on behalf of Defendant BrickKicker. A copy of the Property Inspection Report (hereinafter "Property Report") is attached as Exhibit D. 4 25. On July 1, 2009, Defendant Plank, as a subcontractor of Defendant BrickKicker, conducted a wood destroying insect inspection and prepared a report of the same for Plaintiffs. A copy of the Wood Destroying Insect Inspection Report (hereinafter "Pest Report") is attached as Exhibit E. 26. Plaintiff Jerry A. Kuhlman, II was present for the property and wood destroying insect inspections. 27. Defendant Kennedy did not use a moisture meter or otherwise take any measurements of moisture in any Home surfaces during the inspection. 28. Defendant Kennedy did not open nor inspect any of the windows during the inspection. 29. Plaintiff Jerry A. Kuhlman, II opened one of the dining room windows and called a brown wood-like dust emitted by the window to Defendant Kennedy's attention. 30. Defendant Kennedy identified the substance as household dust, dismissed its importance and did not further investigate the window or the source of the dust. 31. The Property Report cited no water infiltration or related damage, nor any stains or other indications of water infiltration or damage, anywhere inside or outside of the Home. 32. The Pest Report cited no indications of wood destroying insects or related damage, nor indications of wood destroying insects or damage, anywhere inside or outside of the Home. 33. In the May 21, 2009 Disclosure Statement, Plaintiffs Neff stated: a. In Paragraph 6(a), that they were not aware of any past or present water leakage in or around the Home. b. In Paragraph 6(b), that they were not aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations or other structural components. c. In Paragraph 6(e), that there are no defects (including stains) in flooring or floor coverings. d. In Paragraph 5(a), that they were not aware of any termites/wood destroying insects, dry-rot or pests affecting the Home. e. In Paragraph 5(b), that they were not aware of any damage to the Home caused by termites/wood destroying insects, dry-rot or pests. 34. The furniture and curtains in the Home were removed prior to the pre-settlement walk through. 35. During the pre-settlement walk through, Plaintiffs noticed what appeared to be water stains on the wainscoting adjacent to the dining room window. 36. The area where the water stains were located had been partially obscured by the dining room window curtains during Plaintiffs' previous visits to the Home and during the inspections. 37. Defendant Fleetwood was called and she immediately came to the Home to inspect the stains. 38. Defendant Fleetwood informed the Plaintiffs that Defendants Neff were aware of the water stains as they were present when the Defendants Neff purchased the Home in 2005. 39. Defendant Fleetwood informed the Plaintiffs that Defendants Neff had not experienced any water entering the interior of the Home, either in the dining room or otherwise, during their term of ownership. 40. Defendants Neff did not update the Disclosure Statement prior to settlement. 41. In reliance on the Disclosure Statement, the Property Report, the Pest Report and the information provided by Defendant Fleetwood, Plaintiffs proceeded to settlement. 42. The final settlement for the purchase of the Home occurred on August 30, 2009. 43. Shortly after settlement, Plaintiffs began renovations to the Home which involved removal of carpeting and tile from the dining room, living room and foyer areas. 44. During these renovations, water stains were noticed on the carpet padding, specifically in the dining room area in front of the dining room windows. 45. During the week of September 1, 2009, hardwood flooring was installed in the dining room, living room and foyer areas. 46. A significant rainfall event occurred on September 11, 2009. 47. Shortly after September 11, 2009, Plaintiffs began to notice warping and movement of the hardwood floors in the dining room. 48. Plaintiffs immediately reported the floor movement to their homeowner's insurance provider, Donegal Insurance (hereinafter "Donegal"). 49. An adjuster for Donegal inspected the dining room area and found moisture in the length of two of the dining room walls at a height of more than 3 feet. 50. The Donegal adjuster's initial determination was that the water may be entering the walls by way of the dining room windows. 51. The Plaintiffs obtained an initial estimate of $5,000.00 to open up the interior of the walls, remove and replace the damaged wall materials, replace the damaged flooring and repair or replace the windows. 52. Donegal authorized and paid for the work described in Paragraph 51. 53. Shortly thereafter, but before the walls were opened, Defendant Kennedy was contacted and informed of the flooring damage. 54. Upon learning of the damage, Defendant Kennedy re-inspected the dining room. 55. During the re-inspection, Defendant Kennedy acknowledged the presence of the water stains on the wainscoting. Defendant Kennedy stated that he missed the water stains during the original inspection because they had been partly concealed at that time by curtains. 7 56. Plaintiffs retained Dougherty Home Improvements (hereinafter "Dougherty") to complete the work described in Paragraph 51. 57. On or about October 12, 2009, Dougherty removed the drywall and wainscoting from the interior dining room walls. 58. Upon the removal of the drywall and wainscoting, Donegal re-inspected the dining room walls. 59. The exposure of the walls revealed extensive, preexisting and ongoing water infiltration and damage, the presence of and damage caused by carpenter ants, and toxic black mold. 60. The water infiltration and damage, the presence of and damage caused by carpenter ants and toxic black mold constitute a significant adverse impact on the value of the Home and involve an unreasonable risk to people in the Home. 61. Donegal and Dougherty determined that the source of the water infiltration, water damage and mold was not the windows but a breakdown of the Exterior Insulated Finish System (hereinafter "Dryvit") on the exterior of the home. 62. Donegal and Dougherty also determined that the presence of the carpenter ants was a direct result of the water infiltration. 63. Donegal has denied any further insurance coverage for the damage. 64. In order to repair the damage and remediate the mold, significant portions of the first and second floor walls and supporting structure were replaced, along with the Dryvit, insulation, interior walls, windows and flooring. Count 1 Defendsnts Neff 65. Plaintiffs hereby incorporate Paragraphs 1-64 as if set forth in full. 66. Defendants Neff listed the Home for sale with existing and ongoing water damage and structural defects. s 67. Defendants Neff owed Plaintiffs a duty of care in providing information about the Home. 68. Defendants Neff knew or should have known of the water damage and structural defects. 69. Defendants Neff knew or should have known that the material facts referenced in the preceding paragraphs of this Complaint would be a matter of concern to any buyer and could result in damage to a buyer, including Plaintiffs. 70. Defendants Neff failed to use reasonable care when gathering and conveying information about the Home in preparation for and during the sale process. 71. If Plaintiffs had possessed accurate knowledge regarding the water infiltration, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 72. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of their purchase offer. 73. Defendants Neffs negligence directly resulted in damages to Plaintiffs and their property. 74. Plaintiffs' damages were a reasonably foreseeable consequence of Defendants Neffs negligence. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendants Neff for damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count 2 Ne®limt Mlsrreoresenhdon Defendsnta Neff 75. Plaintiffs hereby incorporate Paragraphs 1-74 as if set forth in full. 76. Defendants Neff negligently made misrepresentations and failed to disclose material facts with respect to water infiltration and damage affecting the Home. 9 77. Defendants Neff are bound by both their own incorrect statements and omissions on the Disclosure Statement and by those of their authorized agent Defendant Fleetwood. 78. Defendants Neff failed to exercise reasonable care or competence in obtaining or communicating material facts and information to Plaintiffs. 79. Defendants Neff knew or should have known that the material facts referenced in the preceding paragraphs of this Complaint would be a matter of concern to any buyer and could result in damage to a buyer, including Plaintiffs. 80. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of their purchase offer. 81. If Plaintiffs had possessed accurate knowledge regarding the water infiltration, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 82. The misrepresentations and omissions by Defendants Neff were of a material nature and induced Plaintiffs as buyers to purchase the Home. 83. The Plaintiffs have experienced resulting losses and damages. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendants Neff for actual damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count Fraudulent ANs-+-oreerntadon Defendenta Neff 84. Plaintiffs hereby incorporate Paragraphs 1-83 as if set forth in full. 85. It is believed and therefore averred that Defendants Neff, individually or through their authorized agent, Defendant Fleetwood, knowingly or recklessly misrepresented facts with respect to water infiltration and damage affecting the Home. 10 86, Defendants Neff knowingly or recklessly failed to correct inaccurate statements made to Plaintiffs in the Disclosure Statement, as well as inaccurate information conveyed to Plaintiffs through Defendant Fleetwood, in order to induce Plaintiffs to purchase the Home. 87. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of the purchase offer. 88. Defendants Neff are bound by both their own incorrect statements and omissions on the Disclosure Statement and by those of their authorized agent, Defendant Fleetwood. 89. If Plaintiffs had possessed accurate knowledge regarding the water infiltration, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 90. The Plaintiffs have experienced resulting losses and damages. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendants Neff for actual and punitive damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count 4 WbAudon of Pennsylvania Beal EM9 Seliv Dls mrv Law Defendants Neff 91. Plaintiffs hereby incorporate Paragraphs 1- 90 as if set forth in full. 92. Independent of any contractual requirements and duties imposed upon Defendants Neff, they also had statutory duties under the Pennsylvania Real Estate Seller Disclosure Law (hereinafter "Disclosure Law", 68 Pa. C.S.A. § 7301 et. cet.) to: a. make a written disclosure to Plaintiffs of all material defects affecting the Home, prior to the execution of the agreement of sale; and b. notify Plaintiffs in writing of information rendered inaccurate subsequent to the initial written disclosure. 11 93. Defendants Neff failed in their duties by not disclosing in writing to Plaintiffs known signs of water damage before the execution of the Agreement of Sale. 94. Defendants Neff also failed in their duties by not correcting in writing the inaccuracies in the Disclosure Statement prior to settlement. 95. In completing the Disclosure Statement and failing to correct inaccuracies therein, Defendants Neff made representations that they knew or had reason to know were false, deceptive or misleading. 96. The foregoing acts and omissions constitute a negligent or willful violation of the Disclosure Law. 97. The Plaintiffs have experienced resulting losses and damages. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendants Neff for actual damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count 5 Gross Meffiioence Defodwt Kenn 98. Plaintiffs hereby incorporate Paragraphs 1-97 as if set forth in full. 99. Defendant Kennedy had a statutory duty under the Pennsylvania Home Inspection Law (hereinafter "Inspection Law", 68 Pa. C.S.A. § 7501 et. cet.) to conduct his home inspection with the degree of care that a reasonably prudent home inspector would exercise. 100. Defendant Kennedy also owed a duty of care to Plaintiffs that a reasonably prudent home inspector would exercise in selecting the subcontractor to complete the pest inspection of the Home. 101. Defendant Kennedy failed to detect and investigate obvious signs of water infiltration into the interior of the Home, particularly in the area of the dining room windows. 12 102. Defendant Kennedy, by and through subcontractor Defendant Plank, failed to detect the presence of wood destroying insects in and about the Home. 103. Defendant Kennedy failed to conduct the home inspection in accordance with his duty of care owed Plaintiffs. 104. Defendant Kennedy failed to select a pest inspection contractor in accordance with his duty of care owed Plaintiffs. 105. Defendant Kennedy's failures constitute an extreme departure from his duties of care owed Plaintiffs. 106. Defendant Kennedy's failures demonstrated a reckless disregard and substantial lack of concern for whether damage would have been incurred by the Plaintiffs. 107. If Plaintiffs had possessed accurate knowledge regarding the water infiltration, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 108. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of their purchase offer. 109. Defendant Kennedy's failures in its duties resulted in damages to the Plaintiffs. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendant Kennedy for actual and punitive damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count 6 L1MNY of Defendant BdctdOcker fbr the Conduct of Def iftnt Kennedy 110. Plaintiffs hereby incorporate Paragraphs 1-109 as if set forth in full. 111. At all times relevant to averments above, Defendant Kennedy was acting within the scope of authority granted to him by Defendant BrickKicker. 13 112. Defendant BrickKicker is liable for the acts and omissions of Defendant Kennedy. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendant BrickKicker for actual and punitive damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Count 7 Defendant Plank 113. Plaintiffs hereby incorporate Paragraphs 1-112 as if set forth in full. 114. Defendant Plank owed a duty of care to Plaintiffs that a reasonably prudent pest inspector would exercise to conduct a full and thorough pest inspection of the Home. 115. Defendant Plank failed to detect the presence of wood destroying insects in and about the Home, despite obvious signs of the same. 116. Defendant Plank failed to conduct the pest inspection in accordance with the duty of care owed Plaintiffs. 117. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of their purchase offer. 118. If Plaintiffs had possessed accurate knowledge regarding the wood destroying insect infestation, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 119. Defendant Plank's failures in its duties resulted in damages to the Plaintiffs. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendant Plank for actual damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. 14 Count8 Gross Nice Dofwmbnt Plank 120. Plaintiffs hereby incorporate Paragraphs 1-119 as if set forth in full. 121. Defendant Plank owed a duty of care to Plaintiffs that a reasonably prudent pest inspector would exercise to conduct a full and thorough pest inspection of the Home. 122. Defendant Plank failed to detect the presence of wood destroying insects in and about the Home, despite obvious signs of the same. 123. Defendant Plank failed to conduct the pest inspection in accordance with the duty of care owed Plaintiffs. 124. Defendant Plank's failures constitute an extreme departure from the duties of care owed Plaintiffs. 125. Defendant Plank's failures demonstrated a reckless disregard and substantial lack of concern for whether damage would have been incurred by the Plaintiffs. 126. Plaintiffs justifiably relied in a foreseeable manner upon the information provided to them in deciding whether to purchase the Home and determining the terms of their purchase offer. 127. If Plaintiffs had possessed accurate knowledge regarding the wood destroying insect infestation, they would have taken additional steps to investigate the same, further negotiated the terms of the purchase and may not have even purchased the Home. 128. Defendant Plank's failures in its duties resulted in damages to the Plaintiffs. WHEREFORE, Plaintiffs request that this Honorable Court enter a judgment in their favor and against Defendant Plank for actual and punitive damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. 15 129. Plaintiffs hereby incorporate Paragraphs 1-128 as if set forth in full. 130. As agent for Defendants Neff, Defendant Fleetwood had statutory duties under the Pennsylvania Real Estate Licensing and Registration Act (hereinafter "RELRA", 65 PS. § 455.101 et. cet.) and the Disclosure Law which included, but were not limited to: a. a duty to ensure written disclosure to Plaintiffs of all material defects affecting the Home prior to the execution of the Agreement of Sale; b. a duty to ensure Plaintiffs are notified in writing of information rendered inaccurate subsequent to the initial written disclosure; and c. a duty to properly advise and assist Defendants Neff in their obligations under the Disclosure Law. 131. Defendant Fleetwood failed in her duties by not ensuring the full disclosure of all material defects prior to the execution of the Agreement of Sale, not ensuring that the initial inaccuracies of the Disclosure Statement were corrected prior to settlement and by not property advising Defendants Neff in their obligations under the Disclosure Law. 132. In completing the Disclosure Statement and failing to correct inaccuracies therein, Defendants Neff made representations that Defendant Fleetwood knew or had reason to know were false, deceptive or misleading. 133. The foregoing acts and omissions constitute a negligent or willful violation of the Disclosure Law. 134. The Plaintiffs have experienced resulting losses and damages. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment in their favor and against Defendant Fleetwood for actual damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. 16 Count 10 L.fat # ty of Defendsnt Rellax 1hr the Conduct of Dofm*nt Re?rrrood 135. Plaintiffs hereby incorporate Paragraphs 1-134 as if set forth in full. 136. Defendant Re/Max had a duty under the RELRA to actively supervise the activities of Defendant Fleetwood with respect to the subject transaction. 137. Defendant Fleetwood violated the terms of the Disclosure Law as set forth in Count 8 above. 138. Defendant Re/Max failed in its duties of supervision of Defendant Fleetwood. 139. Defendant Re/Maxis liable to Plaintiffs for the conduct of Defendant Fleetwood as she was an agent of Defendant Re/Max. WHEREFORE, Plaintiffs request that this Honorable Court enter judgment in their favor and against Defendant Re/Max for actual damages in an amount in excess of the compulsory arbitration limit, together with attorney's fees, costs of suit and other relief warranted by law. Respectfully submitted, Date: I 2 9 //0 LAW OFFICES OF ROBERT M. Robert M. WaIJr, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs 17 VERIFICATION I, Jerry A. Kuhlman, II, hereby verify that all the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: Z G uhiman, 11 VENFICATION I, Jamie Kuhlman, hereby verify that all the averments of fact contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: _ 1 liq'1 O " Jamie K Iman EXHIBIT A 20 SELLER'S PROPERTY DISCLOSURE STATEMENT SPD This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS* (PAR). 1 PROPERTY V et 12 .? 2 SELLER avid 3 The Real Estate Seller Disclosure Law (68 P.S. §7 YO] et seq-) requires that a seller of a property must disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclo- 5 sure statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclo- 6 sure requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure 7 form can find the form on the Web site of the Pennsylvania State Real Estate Commission. 0 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute 9 for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a war- 10 ranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address 11 concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the 12 obligation to disclose a material defect that may not be addressed on this form. 13 A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the 14 value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or sub- 15 system is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. % I. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or 17 other areas related to the construction and conditions of the property and its improvements, except as follows: to 19 2. OWNERSHIP/OCCUPANCY 20 (a) Is the property currently occupied? --V-Yes No If "yes," by whom? ?/Seller Other occupants (tenants) 21 If property is not occupied, when was it last occupied? 22 (b) How long have you owned the property? 23 (c) Are you aware of any pets having lived ' e use or other structures during your ownership? - Yes No 24 If "yes,," describe:. - 25 3. ROOF 26 (a) Date roof installed:i _ Documente Yes No ?Unimown 27 (b) Has the roof been replaced or repaired during your ownership? Yes _ZNo 26 If "yes," was the existing roofing material removed? Yes No Unknown 29 (c) Has the roof ever leaked during your ownership? Yes _ZNo 30 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? Yes 1XNo 31 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 32 33 4. BASEMENTS AND CRAWL SPACES (Complete only if applicable) 34 (a) Does the property have a sump pump? Yes No Unknown 35 If "yes," has it ever run? Yes No Unknown Is it in working order? ?Yes No Unknown 36 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes t/ o 37 (c) Do you know of any repairs or other attempts to ooolyd any water or dampness problem in the base meet or trawl space? _ Yes No 3s Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or re mediation efforts: 39 40 5. TERMIT'ESIWOOD-DESTROYING INSECTS, DRYROT, PESTS 41 (a) Are you aware of any termites/wood-destroying insects, dryrot, or pests affecting the property? Yes 1/No 42 (b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? Yes ?No 43 (c) Is your property currently under contract by a licensed pest control company? Yes ? No 44 , (d) Are you aware of any termitelpest control reports or treatments for the property? ? Yes No 45 Explain any "yes" answers in this section, including the name of any servicettreatment provider, If applicable: 46 47 6. STRUCTURAL ITEMS 48 (a) Are you aware of any past or present water leakage in the house or other structures? Yes //No 49 (b) Are you aware of any past or present vement, shifting, deterioration, or other problems with walls, foundations, or other 50 structural components? Yes 7 No 51 (c) Are you aware of alitrila or present problems with driveways, walkways, patios, or ruining walls on the poptaW _ Yes W`No 52 (d) Is yc property constructed with an Exterior Insulating Finishing System (EIFS), such rmN-o vit ?r synthetic stucco? 63 , Yes No Unknown If yes, date installed, if known i 54 (e) Are there any defects (including stains) in flooring or floor coverings? Yes Un known 55 (f) Are you aware of any fire, storm, water or ice damage to the property? Yes ?NO s6 Explain any "yes" answers in this section ID;du ing the loca =Onandeent of any problem s) and any repair or remediation efforts: 57 144, 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 63 54 55 66 67 11 f 5e Buyer Initials: Date SPD Page 1 of 5 Seller Initials: I. 7L_ Date COPYRIGHT PENNSYLVANIA A" TJ OF REALTORSm 2006 l Pennsylvania Association of REALTORS' 5-- `tVlp 59 7. ADDITIONS/ALTERATIONS Have anydditions, structural changes, or other alterations been made to the property 60 during your ownership? _ Yes `? No 61 62 63 if yes, list additions, structural changes, or alterations (use additional sheets if necessary). Approximate date of work Were permits obtained? (Yes/No/Unknown) Were final inspections/approvals obtained? (Yes/No/Unknown) 64 65 68 67 7Vs- w ?.•.? .? ?R roc ra -U7XT1Un 1..0ae RC7, JJ t'J: §7210-1U1 et seq. (effective 2004), and local codas establish standards for building and 69 altering properties. Buyers should check with the municipality to determine if permits and/or approvals were necessary for disclosed work and if 70 so, whether they were obtained Where required permits were not obtained, the municipality might require the current owner to upgrade or remove 71 changes made by prior owners. Buyers can have the property inspected by an OT&I in cocks compliance to determine if issues exist. Ezpcmded 72 title insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval. 73 8. WATER SUPPLY / 74 (a) What is the source of your drinking water? /Public Water Well on Property Community Water 75 None Other (explain): 76 (b) When was your water last tested? Test results: n If your drinking water source is not public, is the pumping system in working order? Yes No 73 If "no," explain: 79 (c) Do you have a softener, filter, or other treatment system? Yes No so If you do not own the system, explain: 61 (d) Have you ever had a problem with your water supply? Yes No 82 (e) Has your well ever run dry? Yes No Not Applicable / 83 (f) Is there a well on the property not used as the primary source of drinking water? Yes ? No 84 If yes, is the well capped? Yes No 85 (g) Is the water system shared? Yes ? No 86 (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? 87 Yes ? No se Explain any "yes" answers in this sectioInd ding the location and extent of any p (s?,= reP? or remcd?atton .efforts: 89 91;;W 1 1r,?F?CMr's,I^-, 1i)=b 2 r: A-Lb., ,N Air\? rt%A :cr _ j.?, n. .n 90 59 60 61 62 63 64 65 66 67 68 69 70 71 72- 73 74 75 76 77 78 79 80 81 82 83 64 85 86 87 Be e9 91 9. 92 93 94 95 95 97 L SEWAGE SYSTEM (a) What is the type of sewage system? Public Sewer Individual On-lot Sewage Disposal System Individual On-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System Ten-acre Permit Exemption Holding Tank None None Available/Permit Limitations in Effect Other type of sewage system (explain): (b) If Individual On-lot sewage system, what type? Cesspool Drainfield Unknown Other (specify): 90 91 92 93 94 95 96 97 9e (c) Are there any septic tanks on the Property? Yes No Unknown 99 99 If "yes, " what type of tank(s)? Metal/steel Cement/concrete Fiberglass Unknown 99 100 Other (specify): tot (d) When was the on-site sewage disposal system last serviced? 190 toe (e) Are there any sewage pumps located on the property? Yes No tut 193 If yes, type(s) of pump(s) Are pump(s) in working order? Yes No 102 193 104 Who is responsible for maintenance of sewage Pumps? 105 (f) Is the sewage system shared? Yes VNo 104 106 (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? Yes No 105 toe 107 Explain _ _ any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: iw toe toe log 10. PLUMBING SYSTEM 110 (a) Type of plumbing (check all that apply): Y/ Copper Galvanized Lead -Z_?PVC Polybutylene pipe (PB) 109 In 111 Mixed Unknown Other (explain): 112 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath- 111 112 113 room fixtures; Wet bars; etc.)? Yes ?No 114 If "yes," explain: 113 115 11. DOMESTIC WATER HEATI ?tp 114 116 (a) Type of water heating: _ Electric Natural Gas - Fuel OR _ Propane _ Solar S /KrinterHods Up 115 116 117 _ Other (explain): 119 (b) Are you aware of any problems with any water heater or related equipment? Yes No 117 119 If "yes," explain: Ile 12OBuyer Initials: Date SPD Page 2 of 5 Seller Initials: Date _ 119 120 c r-( -0 G 121 12. AIR CONDITIONING SYSTEIVI} 122 a Type of air conditioning: YPe onmg. Ce tral Air Wall Units Window Units None 121 123 Other (explain): --A &„(- 122 124 Number of window units included in sale Location(s) 123 126 (b) Age of Central Air Conditioning System: Unknown Date last serviced, if known Q 124 125 126 (c) List any areas of the house that are not air conditioned: 127 (d) Are you aware of any problems with any item in this section? Yes No 127 128 If "yes," explain: 127 12913. HEATING SYSTEM 129 130 131 (a) Type(s) of heating fuel(s) (check all that apply): ? Electric Fuel Oil Natural Gas Pro pane 130 130 Coal Wood Other: k ii Ll I 132 __ (b) Type(s) of heating system(s) (check all that apply): Forced Hot Air Hot Water Heat Pump 131 132 133 134 Electric Baseboard Steam Wood Stove (How many? Coal Stove (How many? 133 Other: IN (c) Age of Heating System: Unknown Date last serviced, if known 4?2? 135 136 (d) Are there any fireplaces? ? Yes No If "ryes," how many? / Are they working? Yes No 135 136 137 136 (e) Are there any chimneys (from a fireplace, water heater or any other heating systems ? yes No If " es " how man ? Wh 137 y , y __. en were they last cleaned? Unknown r/ 139 / Are they working? _.?G. Yes No If "no," explain: 138 140 (f) List any areas of the house that are not heated: 139 141 (g) Are you aware of any heating fuel tanks on the property? Yes No 141 142 Location(s), including underground tank(s): 141 143 If you do not own the tanks, explain: 142 144 Are you aware of any problems or repairs needed regarding any item in this section? Yes No 143 145 If "yes," explain: 144 145 145 14714. ELECTRICAL SYSTEM 146 148 (a) Type of Electrical System: Fuses Circuit Breakers How Many Amps? `Unknown 147 149 (b) Are you aware of any knob and tube wiring in the home? Yes ? No 149 150 Are you aware of any problems or repairs needed in the electrical system? yes ? No 149 1s1 If "yes," explain: 190 15215. OTHER EQUIPMENT AND APPLIANCES 161 153 This section must be completed for each item that 154 will, or may, be sold with the property. The fact that an item is listed does 153 154 not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will d 165 etermine which items, if any, are included in the purchase of the Property. 154 156 (a) 4 Electric Garage Door Opener ber of Transmitters K less Entry J?z 156 157 (b) Smoke Detectors How many? Location(s) j" 156 In (c) ? Security Alarm System ? ed Leased (Lease Infmmatio d ? in 1 159 ) ( Lawn Sprinkler(s) How many? Automatic Timer 160 (e) Swimmnig Pool Hot T1ib/Spa Pool/Spa Hear Pool/Spa Cover Whirlpool/Tlib n ISO 161 Pool/Spa Equipment and Accessories (list): 1 162 (f) Refii era?(3) Range/Oven g \,/ Microwave Oven Dishwasher Trash Compactor 61 161 163 _ZGarbage Disposal Chest Freezer _iZ' Washer fie! Dryer Intercom taz 154 _ (g) Ceiling Fan(s) How many? Location(s) 164 165 (h) Awnings Attic Fan(s) _??Satellite Dish Storage Shed Deck(s) Electric Animal Fence 1e 166 (i) Other: 165 167 Are you aware of any problems or repairs needed regarding any item in this section? , Yes vo-No 166 " 168 If "yes, explain 1w in 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) log 170 (a) Land/Solls 170 171 1 Are you aware of an fill or ex any passive soil on the property? Yes Y No 171 172 173 2) Are you aware of any sliding, settling, earth movement, ypheaval, subsidence, or earth stability problems that have nt 172 occurred on or affect the property? Yes ? No 174 3) Are you aware of any exis past or sed ?. Pr'olm ?mng, Strip-mining, or any other excavations that might affect this 173 174 175 property? Yes No 176 Note to Buyer. The property may be subject to mine subsidence damage. M? of the counties and mines where mine subsidenc 176 m e damage may occur and mine subsidence insurance are available through: ce am 176 179 Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, A 15423 (810) 922-1678 ? ?s,vania) i ; e 179 (724) 769-1100 (outside Pennsylvania). y 1a0Buyer Initials: Date SPD Page 3 of 5 Seller Initials: Date > 179 190 :?1J j a ?"d 181 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights? 181 182 Yes ,/ No If "yes", check all that apply below: 182 183 Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 et seq. (Clean and Green Program) 183 184 Open Space Act - 16 P.S. § 11941 et seq. 184 185 Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) 185 186 Other 188 187 Note to Buyer. Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort to limit the circumstances under 187 188 which agricultural operations may be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether any 188 189 agricultural operations covered by the Act operate in the vicinity of the property. 180 190 Explain any "yes" answers in this section: 191 192 (b) Flooding/Drainage 193 1) Is any part of this property located in a wetlands area or a FEMA flood zone? Yes ?No Unknown 194 2) Do you know of any past or present drainage or flooding problems affecting the property? Yes ? No 195 Explain any "yes" answers in this section, including dates and extent of flooding: 196 197 198 199 200 201 292 203 2a 206 207 2os b 1s 191 192 199 194 195 196 (c) isounaaries 197 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes ? No 199 Note to Buyer. Most properties have easements running across them for utility services and other reasons. In many cases, the 199 easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to 200 determine the existence of easements and restrictions by examining the property and ordering an Abstract of 77tle or searching 201 the records in the Wce of the Recorder of Deeds for the county before entering into an agreement of sale. 202 2) Do you access the property from a private road or lane? Yes ? No 203 If yes, do you have a recorded right of way or maintenance agreement? Yes No eat 3) Are you aware of an shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? 205 Yes 17No 206 Explain. any "yes" answers in this section: 207 20 20917. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 299 210 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? Yes ./ No 210 211 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited to, 211 212 asbestos or polychlorinated biphenyls (PCBs), etc.? Yes ?No 212 213 (c) Are you aware of sewage sludge (other than commercially available fertilizer products) being sP.7&d on the property, or have you 213 214 received written notice of sewage sludge being spread on an adjacent property? Yes 11 No 214 215 (d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? Yes ? No 216 216 (e) Other than general householdreleaning, have you taken any efforts to control or remediate mold or mold-like substances in the 216 217 property? Yes ?? No 217 216 Note to Buyer. Individuals may be affected differently, or not at all, by mold contamination. If mold contamination or indoor air qual- 218 219 ity is a concern, buyers are encouraged to engage the services of a qualified professional to do testing Information on this issue is 219 220 available from the United States Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, no 221 Washington, D.C. 20013-7133,1-800-438-4318. 221 222 (f) Are you aware of any dumping on the property? Yes `-"'No rtz 223 (g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any 223 224 adjacent property? Yes ? No 224 228 (h) Are you aware of any tests for radon gas that have been performed in any buildings on the property? Yes No 225 226 If "yes," list date, type, and results of all tests below: 226 227 DATE TYPE OF TEST RESULTS (picocuries/liter or working levels) NAME OF TESTING SERVICE err 226 229 230 (i) Are you aware of any radon removal system on the property? Yes No 231 If "yes," list date installed and type of system, and whether it is in working order below: 232 DATE "TRUED TYPE OF SYSTEM PROVIDER 233 234 235 238 237 236 WORKING ORDER? ,/Yes No 228 229 290 231 232 233 Yes No 234 (j) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the 235 property. Are you aware of any lead-based paint or lead-based paint hazards on the property? Yes t--? No 236 'If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: 237 238 219 (k) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint 239 240 or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based paint 240 241 hazards on the property? Yes ? No 241 142 If "yes," list all available reports and records: 242 243Buyer Initials: Date SPD Page 4 of 5 Seller Initials: 4A _ Date 243 A b ,1T-- rs A„r i, 244 (1) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? Yes ?No 245 (m) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property? / 244 245 246 Yes t No 247 Explain any "yes" answers in this section: 246 246 2a7 249 2'u 250 249 251 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) s51 252 Type: Condominium Cooperative Ho W Association or P ned4?qmmunity 263 Other: 2 252 254 Notice regarAig Condominiums, Cooperatives, and Planned COmmunkiles. A buyer of resale unit in a condominium, coopera- 253 254 255 tive, or planned community must receive a copy of the declaration (other than the plats and plans), the by-laws, the rules or regula- 255 256 tions, and a certificate of resale issued by the association in the condominium, cooperative, or planned com- 257 munity. Buyers may be responsible for capital contributions initiation fees or similar one-time fee i ddi i 256 , s n a t on to regular monthly 258 maintenance fees. The buyer will have the option of canceling the agreement with the return of all deposit monies until the certifi- 2s7 266 269 cate has been provided to the buyer and for five days thereafter or until conveyance, whichever occurs first. 260 19. MISCELLANEOUS 259 261 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? / 260 261 262 Yes No 263 (b) Are you aware of any existing or threatened legal action affecting the property? Yes ?? No 262 264 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? Yes ? No 263 265 (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain n4 266 266 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? Yes ? No 267 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- 266 267 266 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? Yes No 269 (f) Are you aware of any ren including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 268 269 270 property? Yes ? No 271 (g) Are you aware of any insurance claims filed relating to the property? Yes ? No 270 272 (h) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 271 273 Yes ? No 272 274 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact 273 274 275 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, 27s 276 system or subsystem is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by 276 277 itself a material defect 276 Explain any "yes" answers in this section: ? 279 276 2 79 260 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best 281 ' 280 of Seller s knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop- 281 282 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 282 283 CONTAIPIED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing say information supplied on this form 2s4 which Ih rende inaccurate by a change in th condition f 283 o e p rty ol wing co of this form. g 286 WITNESS SEL R DATE 67a.. 1 -0 / -t-IL XPRI 284 m WITNESS SELLER DATE 2es 286 287 WITNESS SELLER DATE 287 286 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK 268 289 According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required m 29o to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate- 290 291 rial defect(s) of the property. 291 292 DATE 292 RECEIPT AND ACKNOWLEDGEMENT BY BUYER 293 291 The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a 294 295 warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It 29s 2% Is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property 296 297 be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components. 297 296 WITNESS BUYER DATE 298 299 WITNESS BUYER DATE 299 300 WITNESS BUYER DATE 300 301 SPD Page 5 of 5 301 EXHIBIT B 21 Two story Traditional, built in 1993, located in the desirable neighborhood of `The Highlands of Hampden Situated on a quiet quarter acre lot, this property offers easy access to all conveniences. This 3,100+ square foot home features 4 bedrooms, 2 full and 1 half baths, kitchen with dining area, formal dining room, formal living room, spacious family room, 2nd floor office and a full, partially finished basement. Two car garage and so much moreM Cumberland Valley School District. Donna Reetwood RE/MAX 1st Advantage 6375 Mercury Drive, Suite 101 Mechanicsburg, PA 17050 717-591-5555 or 717-591-7790 donnafleetwood@hotrnail mm www.harrisburghomes.com Each Office Wependenly Owned and Opemed. ADDITIONAL PHOTOS ADDITIONAL PHOTOS F r s; f {,it AS, ?? jt it 7f, ? t . i ?y T L t o .a _A a3' 7r t 5y f ` n' 1012 Tiverton Road Sunny two-story built by George Carison in popular Highlands subdivision Extensive landscaping in front and back, Small fountain in rear Side-entry 2 car garage New rear patio 9' ceilings on 1st floor Much of home has been recently painted ist floor Two story Foyer- Ceramic tile floor, two coat closets Formal Living Room- Electric fireplace is reserved. Carpet and crown molding Formal Dining Room- Tray ceiling, carpet, wainscoting. Large closet between Dining Room and Kitchen Family Room with brick fireplace, chair rail, recessed lights, Berber carpet, windows and patio door with transom Eat-in Kitchen- Light cherry cabinets, tile floor, center island, pantry, tile backsplash, triple window with transom, new appliances last 2 years Powder Room- vaulted ceiling, vinyl flooring 1st floor Laundry with sink 2"d Floor Master Bedroom- Neutral carpet, His and Her walk-in closets Master Bath- Tile counters, double sink, shower, French doors to Master Bedroom Office - Carpet Bedroom #2 Carpet Bedroom #3 Carpet Bedroom #4 Carpet Full Bath with new lights, new paint, new vinyl flooring Basement New Windows Partly finished Mechanicals Geothermal Heat Pump for low heating cost. New compressor Radon System Sump Pump Culligan Water Softener does not stay ADT security system All yard statues reserved 4 Active MLS a 10179910 Class Residential/Farm Type Detached List (Price $389,900 HTBB: No Address 1012 Tiverton Road City Mechanicsburg Mun Hampden Zip 17050 Area 6 Dev Highland of HampdenSchl Dist Cumberland Valley County Cumberland men 1 Links: Quk Design Traditional # Stories 2 Story Handicap 10000 * Bdrms 4 Baths F 2 H 1 Levels * FP 1 Possession Settlement Flood Zone: No v o Wall C apet Din RM Dim 1345 Level 1 W ag D Wall Q WPEt ayCelling Schedula a Showing c Toe , Pantry Bum Hdf Full ain Win Dim 1?21 Level I Wag To Wall Q irlwt Bsnrt 0 0 Deri Oft Main 1 0 M an Dim 13XZ2 Level 3 Wall 0 Wag C xpet 2nd 0 2 BDI Dim 3rd 0 0 BD2 Dim x To Wall C arpet BD3 Dim 12X16 Level 2 Wall TO Wall C M-W 0 Wall Ca " omm 12.644.6 Lewd 2 Tax 4500 ax ear 200 Square Ft Source Public Records Condo No Fee 9est Acres 0.2500 Lot Post Acres ores Square Feet Above Grade 3116 Finished Square Feet Below Grade /- Fee Frequency Adult Community Warranty Year Built /- 1993 Const Frame wr Public Water Ext Bride, Dryvit, Vinyl Lot S: ? Ac Less Than ? Ac Roof Composition Lot Desc Appl Ice Machine, Dryer Age 11-20 Years Ext Fea Patio Rd Frntg Municipal Road Equip Smoke Detectors, Garage Door Opener, Cable Ready Use Dining Eat-In Kitchen, Formal Dining Room Out Bldg Parking 2 Car Garage, Attached Barn Type Cool Central Air Barn Ind Amen Fm Equip Heat Electric, Forced Air, Geothermal Fence Misc. Rms Family Room, Foyer, Laundry Room, Office/Computer Room Electric 200 + Amps Assoc Amen Occ Owner Aux Heat Zoning Residential Basement Full, Partially Finished Avail Finc C.or?venbonal, Cash xubl c View MM Two RUIN WITH DMEN LANDIEVIING F RONT AND W= WINDOWS WITH TRANSOM ALONG REAR OF emarks HOME LET LOTS OF LIGHT IN. KITCHEN WITH LIGHT CHERRY CABINETS, ISLAND, TILE BOOR, EAT IN AREA, 9' CEILINGS. FORMAL DR WITH TRAY CEILING. FAMILY ROOM HAS BRICK FIREPLACE. MASTER BR WITH HIS AND HER WALK IN CLOSETS. 2ND FLOOR OFFICE. GEOTHERMAL HEAT PUMP. nt A NTIQUE FP RESERVED IN Uk. ALL YARD STATUES , emarks r Orrs Brklg e Rd. to ew Rd, ivedon . Listing Type Exclusive Right Under Const No Est Comp Date Update Date 5/21/2009 Possible Short Sale No SAC 2.5 TLC Show Call List Office, L.ockbox Lode Box CPML SAC 2.5 LO RE/MAX 1ST ADVANTAGE Office: (717) 591-5555 6375 MERCURY DRIVE MECHANICSBURG PA 17050 LA DONNA FLEETWOOD CELL: (717) 439-3459 donnafleetwood@hotmail.com u2 u3 Selling ce Selling Agent Contract Date Clsing Date Finc DOM 39 Sold Price Seller Help Repairs inrurrnauon provioeo is oeemeo reiiaDie out not guaranteed. 06/29/2009 07:25 AM CST EXHIBIT C 22 Jun-28-08 04:1Bps From-AAA Auto Club South 5616651386 16/29/201)5 7111 11/./4u?vw.. JL -R%M•a -STAMAM ` . TAIS„a?b+reenssdia.lrma tl?eaa:+4lI.YC.? tea '1'llES1tI At'1?'ORS?R Broker b WT be A$" Or 21br artd is t+ls+r- T-136 P.002/012 F-810 Jhdj? l A$Mr: El YIS 1) n sums ya a me 8.1 billmor)z =OUR 15 In Air MRstJY? mofdo*' wu NS&ggrr MRS" M D TaA1S?NiC n" i. >1Q.l?t •D waw D "OTlies AVwla>? M aJattt 0 At. 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Bod ifma moeeg801eodec(s) 'iveo» Rl A ? a ) ass *e WA tar moegrp `? r ??sst nom) sod !?(_) in 6 ( and rte(s) at a b lu« At SAw Me silo. a SdWea molt opdoa r At msmoeioraa I=* sesmd.9u? ? y?a)1Dfe??abomsanaet?otsrar?c) . mtAr?aa?d?ve'?e et es -. . • /?? 1?b?'°?'-?D`t?°°°Leafte+? ? . . oppr . _ x,(10 if ra Raouraao inns aft Amamla.= a+m8ieae4 wd;Wfi moetyaa- ''• 34 1dtdlflledia !E!OO 6 (A? V aoprr atlesevfta to a simpoomp aroma l & .? *) ob oatioa far t5s snallZtolpt "M lAod sbaNO to do woe%W 10101110 *s apioa lstuber hr BW^ V am eft A broker iu • sib % 1e awhoebcd to eat go Our Mawr ::.mi U q ked"yb N is moire . tree rromt r % iaealsaalkee bhp3ftOn to S@MWV an&W I: or-ft pa VW It¦?dar{s) ommewong ?-4t'' pekadrAttd!'' WOW a (c.7 6M? 1 'IWQe tea amv+??,lP T*I& c.wlk algae _m _10 & 1 'a.'' p sv ?p'e•aM1 alatam. 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Is 10lyz1? a ft s v oommislop i cf A *1111 bo V= Bqw v 3 be sw psn+rkia for shy oaf! 4. If be nU Bu and any oo0b ita;taoed by sayer foz wiU sM pf oY Arcap t d = VA . o was Ica x ? at vaM1ifleckm otephad aoo0e&o6 t° ,a bcmud by buyer od b aeae aadkc fW w? 47? {1) IefeCb. *10 moue aodkir trkxJr?os Bast ?0. SOr Caaodlsdo? ? d??rr aelnc spbidenoe intemra+?, at try foo ioralooC 1G (3) APp sW $n WA c1wmW p1W%advWkW to n Soi1r 70'7. :s t08 i '!a n „er R hj A1,T$ a iC lp VMr-» at a Jun-26-00 04:27aa From-AAA Auto Club South 5616651366 T-136 P.004/012 F-611 0 SfuK WIC ...Z? Lisa,. V • • . -v . . lttba mOttp? Clio&% J3Sir sew B ww, ? wm, ?P° m*ft the "Ommm tt? anslad the tygttaad a of Sal 41t's a ?• oftbs seq ettr?• tt? m O>?rrsf?satioa of the ttarl?s ie ) or ia6oata, i3ayer alaoapoz the pYvWW end spy a 1!u I. 1EtSt4lat o?tlal6 ? ? t . gQ.$A$E In 27 0[ Oda A?eamaa the *w $vw Boo WA w*- -?-" 1?AYS, yrad? if Std wm ad ads *t M. pm d tap" er tf Sdiw. tsa! fo d ,, wlm pa®+aaron aa3 carer m Ibc?='ty emu' saw, pm"111 m andaaoers sm sag= cis dW= a?f fi r a. maim** rdgdM d>ep?, dBuy aotbe lersrf 7vm0 by Sch4OR pct m BMW MOMS bo *tam* cip s h 6s Agrameat by vfrimm aopre m Se11m wbb aY dap tatlmes TO=Wm t 30 of*bAVWWM d ' 9 smaw As& a A= JAS t0 dtC mstysila blaam(s? A?l1.• S " of Pstabass p ia, '! mwaw swc t cosh ax al . .25 it w m I70 133 ti+ :at ac ;r. tss ie 140 sd1 1r lid 7. 144 145 1b •.er ids & 110 111 1t: 113 114 rs R>b 517 t16 m ra tIZ lz! tat in 17A w tae 779 1x tt6 tsi ve Ito :a p'i1MVA, ff AMACA= w1U apt be abli and 1o awgtlate *e Pu""O? of a is wow aatborirldsaao? o?** of fds basbdes? (6) bwbortvb=soyp ?b?! th.iteeaty i. ¢'°ai?°°r?v?,a,tuAdso an pd?pewl?tR?D Wvw7liraos?a.awrlhan?? ?mtltlltlll?S. -d011dCa?1m IrtodensadsS?dr?adbspaoPe1W Ot as awd m 0& Ap=rons). Boyar VO biome 0e OOP and q" rf poocWbl Va to be $dra6rd is to fabs pew To otlam most rf6fr16oas a>rtMOd et to dattratioio Ora tsmMONOMIRIOn Oe m mfat a idtas rpdm *c ems w adihe y?,,,,aea:eut fie vofine tray >a ooa n of Ors ptopxd Op fse sad T.#+ Daaokpmem a" dwM pd* WmdObmNAf OW 1ba pies said oooOlm oft* pnpoety ata+ aDwJap? pdk- snd Facing AaaSaS Att?odomdm? vh9mbp Faction 1010 of TAN 18. U.S.C, Depasaorr '° of nab Ufpsetasr A messes. psmm vaws ar Tom mWow, po #Mw,'?W?'= for to pwpore or. • • lfi? in say wigr, s` lp? sa 4 bwwio? fro tams Io be 0A1s• ...slim be MW mdw d& tif. a impfir4sad ON got fro iwo y0st6, ar II fc. D??at MNss? ? Qsbrr aewla?sk f?? 1?10?s? 1?Cil? ? iw? ?.s?! Il qw ha tsorltGd rbs.Mm NOW vOryom pras etm- eggs- mo Orrp?tba >?* 16rdett tbOM WO acs sn isdtrma m bow tbaapsaloo ad bas *00& abom &a bolm ApM 66 AgsmoMIL > Padrom abamoiospaol[mafr ImOM fit POGO of OWN- of1hopmpgiy drft3bntersosatlbkooore'srtfeeI? fr So8a1(f) tad BroPetN) P lgibr oosnoctiotr rridr 1hg m CAdOMMIM esc 4nw m avb+Mt odo?btarrlsdSr ?d1?lwx ?: . Upmaedca it samind w Oft Ap+e OIL std awAsnow i4sir fr ?lmgK u nefb' i.esaablry, v aMr, VA WwivSSt tW O we bamr t wP , Sasrh fi:e ie estas3se on rt 3a5 i[ 10 Ap9nmmt b Ommew dmdla 7Ms ar sew, ar ma etittr isyos+adlra raw Ow lkmsm? ? m eariesf s, unift Aoroewmo b 8,tlf7llVfX t a[rbst a••dm&q' sad Hof[ semM021hOF91 "d 65"m 149 low qdt wMilda the tirar fat tlr& In t>ris sa ? rec ab ArOMMA 1e3 KQL wY=ANMM lp brute *r *0 ??', daw 00 >? may 149 Is wow mm Huysr obM? Ply rod csmAY 16D ?q IN 161 WAtY?. Tlrh Apv- fod ai5 abolk r t4 s,? D"s (13 Irs o 11""64 *w lba taatlion Dsdo o?? A °L ??? 0 ELAGM. 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Iaadow. mkw Ow aumd Imar COW ' IIapks'tPoo fds L oo? wallaad ?' aid?er won (? 'B!gatmrtos a peroiia Ila wiri bavb ?S6 sad all amlioos Cm(s)) m °? "?`?t00r? ?.,..,,c,,,w 5oc Boyr?. boaje mip°er°rf+ sae >a?Eoa'edbY Hagar wr mf P C? ? ? ??T'wlrom It pt? n 1' 1, log a W1t1bCYL ? ?'!' t spas tpggldt, OD MUM f 3 * o tier: Ar, Jun-29-09 04:27pa FrwAAA Auto Club South 5619651396 T-136 P.005/012 F-611 to. RW=WNCMIVODWV OmOl (06" 'i1e bspeolNo a'?Weie"M°1°d.1by 8uld' 1M ?a?>k? ys ?s ootr+tw? by,1sir? mOpdMrs gee fod& below 11?c timpe?ods mimed in in rhea OAM Val R* to as 1°x'11-1s ua1?s at4ct•?? w+ed ' bas A?r?e+? `5 ape= 1. VMM 0, Cllatiaslq )Period. ¦ t1a11d b ![rwqb 11-4,1i1?r Va. AlR is!pampe A 27 of &k Oft 176 1. ?°''? Orgy mi°m°'°°q'lalod 8l.?paporKt) sssl 13BE? If Buy?ris?ac wi{4 the dim ?e *aPaKs? ?°: ?b? ?Y writtra aolrvo to SeDoc. w?Of depot 177 2 >,maoiss rsAamrd w H1d?sr sososd?li 10 +k tiiebsoeaRpsstBotpb 30 af?its/tiPaearrn? ' wribnm ap?selssmR wlib Bader peoMii's+ii far a?? wpa or isepra.emsate to 68 Pnvty smdra MY in ? 3. F?mlt i1e ? sc>tiem><? 1v ? ?(s? ?'? 11m •aodk •D Buq?ar Camlpa• smd Btgrsr ds as >?ts 1n?oLale tJtit ts+ a .. u now OW saw11w+ wt Tom* to ? ? ?p 1e. Br?e*.?1 aoa?pt die Y?apeQr ? ? r ric Rf!:fc.1sA91? is va'+p? • ux ,a 1st a 21 dtfi ABtas?nt• a sfaAed V , BMW W& ?''? 3345, s sad s?ao a slw RFJ !l?&s: io p? 17 of mis A?oaa?oat. OR aS s 1. Asaepr tale FJWW 0 wlm to + in Ae a ) s>t+ed ? ? ? ? ?? to ialsm• rtp a ? Caeseellee?m?posat ? o Z 3f !bears Mal OWN wr* dm bi0oooadco A r?n go" irr=aC7iaa e?dArr eI IN Mild ti 7bgoti UP Prois?e.d mMy. bpi b not ? 1a• iaobie>be ?C Qf apply 1s7 arty poeosod ar t0 >P the omxtiaat seyp-lod in dro P90POWL Pooriioos for F Ome p" mdoft srassat. smd at a ¢ drte Ter ?g ono gd drrt Slot rrly no[ be btid r" W aoeeaadoat>illR do not oo?gsly vvi0f is ha r or 9oi1 is • rrod liitl nm t to tans+e of "s Proposal. or by tis so • 41 a ssumil by Baysa atq?'s prvP°mv? sow .11 ks= 8ayar in -ruins of Sews CWM Ux is 1 a Wife &p (7 fdsrd of 113 (1) sdhfy G* *mm of Buyer's hmpoad, dlc sam?s ot>9eye!'sAopoed. seooPdlie?o rile mme?o itladw(s? ifasq, OR :1= is m ? gmust sm, mt for dp: ooek tea ? ?rdseeosms a sltisb?dta lal'lst aF>Elnyar?s M Wotaa4*tbOb-+seClli?1?'a>l Mdaotaa5tt rsR b. T$dk WW1sE'te'lOnbesol* fBt?Pu?D?acloaodlBay?at sassrpeeifMdsbo?s?> i d? 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Bayer DOO 10 Ix ?' s) is less drm '? the itmxAm in gm*rVh 27 of G& AVONOW if dla tole! 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Set >m m tsa wr sp .m Sao ' m - m m ' .m m '10 at m. tao ew m m m 206 212 29 ata w m M 790 m m 3110 (g) mind" i;vMIIW aalneMoldiao(sx , at BOW% C Y+ dK &WEa Poposd 6cma woo& ztr dodatr? P? sPp++osoo: to tt!aaa dae Aq+socgs ? ? (? Ifttae naafi danat?s ? aea?orpssviooa faieewooo(sl?? m ?''! ?'??''? tires Terttd, obrsn ate . atr?mmport ttvsr nptoisttioaslooaat?oior, bioaar iap?a' or aase?end aat?Iger ?+? tiaabnd to Asao4sl ?e ? d+° ? ? 7b yy wood•dra>oyiap aa?aNeaa.eod ¦ ?v matpedr• w?a? arc PioPoeha • 2s: M: Irauy+r atanod wed ma ouodi<ioa of ate In as,tMo¢ saes srittta bnpoolion nqw(s), Soya vdg p awW =da aac afatc fair m tbltd is para?ir >l4 ?ri? Oepmy Rrlad: 3i4 13 Optiest - °'? . . ? sr.•rus or t???at (aril (tee 'Ra?e?s lit (A) der Ls na loeesderlpe ooraposwr8 1Re1"00 ar abstacc dr:den ttatees *=kW bAw: p 1. Sdia b.s tmoeded®t fast arc 17opa<r w ow d. the dam by 6- mamois (64. altwooal a M*M OPIS ?. des. M d wi& are • Sit Mjb or an float Wiles eedUlow. - I)XM TYPE OF TM ltll3 = (io cmiwAiw ar M oddrag•bv" , - ? 2. saoec Las ? dse liopatp+aadQ>Yggt adon nealatdon aeasurtt pa tha dete(a? oadby ttae aratod(e) bdaasdbcivsr. • ?' DATE aAno IpDt;crm METHM 201 OLa?dFALLAVAIIJI>?87?•1?'OR78?bedi?vdbBuyae'toldtug•?-T?RDO?SI?!'WARRAt?Cr aq• M"M TM bay" ri Ort )ksM= O F'1M I'i;S't'M art ROPM KIM ODMM99MY VO be =dam by s a[li6eal iaaI pectoG bUy" WKNB3TMOt M14and rVM?>ID g~ywrrrea d. open 10ba+ra: aat prcpatty ' araeaa m tLe is P 27 of Ofe Jtpeeeoe+m. - ? ? Kw= wKw= OOaeit'i+rptaay Pcdod: .*p (15 ifaot tpeci 4 gm as >Qa Doe. oi•tbit Agpi8ML iWdrYYt tre (3mm&%,IvM4 PWM4 +sIPOYlLv 614MMLM' *t ama tarioQ tstt of aft Ptaopttfar from s oaltfaed ioepeetot 2f Seger . zrs BMWM p aagr radsa msoaivttiaao,'SaMer piwid. Brrynr t .Mod. drat the ro ONAioa W poftwil by a A'08edy lloeased wd . ZFd oestisod tados X a?dca bebs? &W wsd* Inds a 4 piaiiiaQatieU hOf . PCiA.l oC. Pft See . as 1. if as wri mes wa topott iwadt pMeeAC zn ? ?, avow gO*=XAMJDpsasmaph27.a?f*JsAprtea nL Z lfda ssisaen iM lepaw tsM& &O penesc. afndoo alat axwaftft *dI 9F4 pko0 ltrer (4 pC.UI..), Baljw WM M proow t aaader oae af{bc jftwbi Oi&M a?1>sted in peatpMh I wlNin *e Otodra? r III! am ? Opewt 1 sas S7' WEb O Wi tp m (p) ttpww?tc dtst the ptopaty is atcved by: lm ??({ labC,c Wrrar » p o?.iaa?we.•ns ? Cnnm- ky VNaer S1° E3 wm- ns a (B) wA'tSlti VlC2 ? 0CY a>f sae waar amfarthaAop+rq. BUYk11afA M so • ? WAIVEA Baryar lest the aptim b baw eaia+poWots of dst gaeliiy anad a goerAlb ? no OPT" sod IPM to ar. li1EL8A.Sir is parep wir Z7 of this Apooku t b2 CJ xit.FGTEn. Ooac!? Iamot]: dope (lay if aot {taaaGad) ihoru?Iiva?ocu1 ? eadlbr gwntitt? of ?e wsria syt- z9f 1, 'aMbr ilia Eedlepeaq' 1?Md, Buyst; ?? ?? ata9 ata tom riom a pq at:ly goes" ores bxwiw wst Ava =ft oaf: the on-ede (or i?Fsidw>q • zw Z.. Tr ngaiced by dw bmwacOm cm* 1151 Bat 4 at Sdker, opnow. wa Ua is and pwvido aoa+rs to • • • >u *am saci alto ? m •aaloaa a w piope w id 9dtea's Pdcr• tcleofomaat• 3_- tfSWW ISM m ddied•witb tat ocod O cEt6e.awtar dYJftft$* staatd in do *MAW isapWM -VO19-1 Saywwm ptooood weds IF • oae o[+ibc folb?s' aK >? m ptwps?,pi+10 wll? flat Oaf ?? • sw to 11 .(? A I? taw. wt s aw.aL I Jun-28-08 04:28po Fros-AAA Auto Club South 5616651386 T-136 P.007/012 F-811 15. S?XrW Of' kWU 0-0) (A) qw Pw1wW s sated br. Pablie Stnret me Noe1o? 7) . 3W D *&-W sa?+s*fli?poral Sys7eo3 f S 1• x* ;'A adw 4, if gVbmbk) DieFt>? b Wdt (see SCwaae. . , p 1nSnAW C>r u Seib* p Comml;* Sewra®o D OW Sysban 3d El • T=,Um Pek OW sdow "C* 2)• '13 >Flddio8 suk (00 8',ewsSv Nobee 3) a1a f ? None A SawrlaN 1 Q t?aos:A? I-ieoltwioas 5) _ 377 ' ta??LIIt??Sit.'n?? a ?B ?' ?A1' siRYYA? to ?. an of ? iodoadad aaiat t tlbpc?ssi sly" far tba psypsrty BUYER su a .) [] %%IV= now i?en t]oe eptios 211 r WAPMR TM OM W ma?dgp m io am REU MS in po>: gn b 27 ditA 26 c Q EU9c M cwi wOwPatdw (15 idiot vod&Q am dw L"Ov m Dot Ord&J?8 an-W oaou?e difPvM1 sri 1. VANS on ?vmq POWC BW% ae?a? a7?snsa, MV ?'! on iotpoa crn dd?e; adhrido at sn ? at 9?R': apug% vM ?? #wW =? m ad amig the MEWI vai 00- 316 Seed art iwi?niQad.by ? mspooelor+ -m*m ft- s: im wwop dspoW • SclW wM also 78511 ra ter ivapo tv as Sriev Ow 10 MuksoraR :o I ,? oSe" t w do mt 7aquMa t ? a mopioeset of lhm i ' oa•1a arwa? dispod ? ? ? wd?r ae7c ?' dse•e611oairyt ? as liwwd m ptai6rape'ZO wlt? t? ?rrlad? 3Z 0 Opdft9 3Z 23 q ffi a` Opdw Z tr:+wh dy Rood eo ?psod ar tapisoo 1Ba ?iideR mdividad an•bt seeoo{m d t , r 4ts ?mepvo`oa ewpatt Abort a Wt? Conaaivettlaopassl ('?"Oe mn'a ? UC Avpatat Tor, ? ,o?ln.,?? DAY6 d vaosiVlee tho ?. tl7e t#t? a 7opisoaaom?C ? A?? ?"? 30 PRIX well wdpde.braw t tie Ukdozoplis to ?• ' Nr and P.pot*Ud 0e76 e o vmwomL WVhiD _S- DAYS of inch ?dmp Salk >E a R •s me *! o?s7e Sor oo7r+ ?. rvepessA h l?a?Yed w?Me ttie 71esa ?i•? t?prc'? ?$r 8epa °tjkWc'sow 7o dse Nst15/?SE ie p? 27 of ?a a. A? b to um d, the PtOPOE& if tmb4 > R ° > y, 371 MAVMNOK OR ?' p, asoito?tAas /lp+m4o? by wrr? me7AA0d 7A Soolkr. wht aII deposit 1lefaiea >? b i3? >8 m dle 1C7mS oipsar tp a31 zq* d? a?{• 7o the kF?-!A>5E ilo Pts 17 of ?t A?opaaaat. aod. ?»o?lir? a e+oooPt dedsots be.fma sed?et ar wrlilin 4eo >? >? ?+ sw lomdos a ttmp? so+ ai iod wr06 aw aaooas to trbe Atq it?n>? 376 av4 mo< lips arOtt?eas 17aAe: a?dror ?Or. bar 9akt if8:?ila9ol?r 1?? 9o aR ast Senor WA Accu s "q a* by ? ?? ? ? w?,vou ,ate to SSoac: wAtl? a? ? ;Se t =-,qm wId& Ore a?+s ? cf drrir A ? .04. ti. lBt is WAS (9 ) yb a bi i w vvara* for do imPotyr 1lpm>, vaodoG 3'hr and art qamvm 7r . At ae t?aiom sottisneest. e1d?WP?a'tt7sD! mt tSlf !'QO.! 0°'?" dr s? Wei am am a ?Pw- w •? golfer lmdctemnd tbel $tome wrsosattlj? a adoad aop+ pi?o?s o1•`!? Aprou? ??w tlrT 3ra 7a tzcts> oE1M Pt?opsttjr,'aad, 1 "A akcr, Nei 8 %-WHOL spd Sd1ae UOWS !d! 0 die li¢ . bobber q mwwv smaw who u p&= to sa ftw b.e *Ood a poly 4 s Pmt a Lis ? boas wi*a? t1e+l' iaoei?r i?'bs p?Ml tprr .. • : . ' xee C3 iw psmool t+?.aal: is ?: rp S>a<bdtrtesbUi '? vM D= t *A a* i7. :aw XOkTOQ oleoepC?tltisorat+d?6os adaq? ( 3 1,+ (A) JWP- of !o ; 1?itri jdt'r+ol?nbls sti '+ ceiink tnod. !rte Ow d 2' L .. ' ..? ? wYl be''E!?'F!'!d to ;*r?o4¢ ? . lSr dntts ??i 350 =D W. 400= ?"O wMM :: ?? .:. : • ?? y??p ?'e? t? pooioarx ides owe ?Iedmrtlr+g, ? ''ewiftsw Ptt1oid, at" &w 3c,• nodoa do ft y?=fts at of to POPC& Y is =I pura d aad tam >stq?t? 1. p pr a+d awe ao tae RM.SASR in popSagdt 27 of fik Ap0a00. GAR m ? 1n?s uCge?oQb 30 of :$ 2 Taemitnmo t Apoear?t bya nod='* sdlor..r' ali dt'a0° *aurae? >b Aar art msr w" dw CooduRNM Tbrisd or doss moot UrNis s" *As ARNOROOL b7 wzimea •OGoe so V~ witlly? Asc 30 32 ff ? vO Mot Im > y nd low to ow ARC Is rapt 27 a tW wR+aeo.O w" 1S Wf IC21k AIRWAMM & O 'ATU OF OCCUPANCY 0'" fbi (A) SAN rqwpow, as Of U dome Sdkr:>y? tlodit ?OQe°0"t, dos mw its Aost c tmoar<arP SP Awes Dowd'gm Senor- W lwe oY a„bopsyose wade an $attikr?'s bdnldstiPttrp?t iocktdrt8 wd= rdsdttE to vwwims cf ?li ebtoaim'? and dwm ao7sodoz by +m4? gavs? or &V mum= aft raosioi -1 a m ilom ?, t? soft :ems a? tbsl S?twrrla3ow of 71D vteltdmOn ? rtroaid OotM?C ?rtT' ad' 366 (B) Setloc tmovvc aCoo odwr p .:11v?z • h? x . M ?ti... L•.t 111 ?17t1M Jun-29-090,04::20ppo Fr?yw-AAA Auto Club South 5618651386 T-136 P.008/012 f-611 pW in gut" %VMWI --JLr. &A-so. 3n nodwWOW WIMPOWW 10 ??'? *I ttOdcfs aadla' sa1s11o0e:o? ? SaDds ? ?O`a tam ?? ? 77S 1. 1Rb11f comply vfml b free ?? Pm& 27 o[thio A fO=wL OIL _ asfarinm+e? Bvya ooap? f1a p and a?o0s Z, Nat ooeiply ?' do sb m WA* srsss?ft >t Sallcr elwoafs 7 o ibis times, wda 8siar vtslf f 27 of we s a,, ?mpb >o ,rieb Pe" dte Dow ? sadlor ? ?+tr'a WOW *a p?Y and agiff SO 11141 1tffiF.ASG m peea? eaafiftoe -? A by ?oimea action 1b sdlie. w? 4111 dam ts:? efaomej to ?'00°ed'°s to d+e temps of pt?>q? s>ro ? b6 B 3f of this A?aom'+? ? wii{en? a.li!@ b ? f If >? Isis M r"rrd "?'? tie tiaat s?etfd fat r¦?ti ?M ?>aE[? !?'? ? 4141+ Baltsr 1.i?bi rst?l¦f,>?lsrs ?)?aelY stdm bft b ao caao lamor d LS dtds tam u?e)9oea nlieoisaf?O??g ?? aSdw m sQ (D) 1ftt*iodbybMr vWW 30 -DAYS Mom stiiar at ¢ wN crdscat BoliRr's o ?oe a eoroiimdm iToam too appoptMs v oipal dtpabe?) a" nod" @aaalb+6 00°o1r'a7 PropNty If l" . WAM of MY w ? ?. bow ?ngr ?Or 19oe aodloao?? fftya f oarti6eate p ? WM pan,* dkdm v,W ahbs notice to SoUa "If da nctioa lk:ma dw =MkkP ftmfe>? °i'?"?"o'rf rogou.4 SelNr wili 8trya b+ ?re1i- 367 n iap that S>fMr ?ri8: to the NWohcdm of ma swicioew. t.r 3tft mobs lim lnw6w ospourslimpeooe 3H Msb to "gWwd XpAshmi - M E4W aWO dip pjq=gy and opm b dla RSLUM' in pow*% 27 dtb AVaamtsd• b, WOK oWo: dM If Sedor down am t 10ft the nxP&fd tfpfis?'at DW/W --a Aaify sea ass seller in,rrbq sift - DAYS"Bura m (1) >? se?a? at Hgy?ett c c; i w wJ&p vmildm and mom to +*ra '111 by •' w? ant ? "a bc gm.madft wbWW4 M ma"Ma(pats, 30 TWPh i 2WkAQemamlt b!' weiutla no to std VIA an ' ?,®odto "W faeaad t m eapb g0 oftitis ArondeL ? u llgMt i*.b r ?.rrtfa tiia>?eee .eUr+ ? tPaAP'?d! ? W) U? pi ar 1ib t. seeuil?.lei ? A?.aaadt by ?rriooli aadiCe soy 396 .rI1SMdr.edooe.lwiN.°uys+Mes?pKlo'!!deaeM ?>Mo Wqk 27 df*kAvre2ss%91MIDtoW 797 to Sdkr ?m y e-MMEN iinLp Irateeloaitthetiodafpefald by m ax ?' .oearbIs,reePeotti>9?y v>E s?eoasbs?6oaesad ma tiom1b M 2. If SDU detim a? p?e'oa io nub dm r? mP'?r ? ? by nodioe m soak% wM all dgposit as ? Bvya,orp,?.wi8dr+?. PAYS, f ?isApoo+eaa. apt ,? tiooahe rad.t?id to Bays aeaoedittsm ft 1014116 of otthe >rai0a w wow as sew" m P OAM* is 'saw wffi soz wets aao sogwMd fnd soikw fails b pcovid. ; 0 ff ao3 3' ip6 ? p?owrpeaer m tn4niged by die WOW at WW's ?•• Ism) (3),Nm sm? fettlaoeast. 43 nos (L') AAOat >o a pa& toad am I*%** Loomo••of a Wab*v .9ca " po=il om the Uep.s'mrek °f?pae>?on +ba ?noP?4T a?O ? s? fad see . 40 19. TITLE. WIN" a C" fs." dda as iS imat+eble by a p*Mft tide k=MW bisl0e a P '? 4106 {A) tiTbe Pynpa's? be °om"?"td f0oa1 to ?Wff Andi 8 deed tcd&fiow 40 cat of ab hens. atlolaMUMS, fad MOMMf, ? Yni+ie e??15a 8eaod: ampceis cfy1°eani; =d 0410 ,oeariotion+ a? en8faanooq too" ao0ioa 409 yr;r tiSlttf a[pebbo •a•?ioo ao If any tine b?+ fadW Mcbasrs' lift Lew, a fay fx Ol 691106 C 4" s" (g) Bvyw wit! pay for the fe+llow; (1) (i) ' no ltibi wank , , ?r ae &re fX comI lion (9) App roW"and a+ (2) Dlord mf aw, 6v WNW = ? mod aovaaita. WW ee.as "d aoW m 411 a>z f.2 ehwen Paid b sdlramaa M lmdat(}k (4). ?s ? -hr P an adgeM '*a die 1OM °f *e 'M M3 Q AW OUDW a mu vqa by fp We low=" oomph a wr+vys desbd b;? Hnytn or rsgo?d by fti at VA PMPORY (atft aoetaatim disrai) w? ba obni0ed fmd paid loe by 9e11ft: Atiy s Leda wM be a biftd fad PilomdoH? titkaa su& as is ioswvbk W a tilts iantaoot oomp¦q sztbe tae?ubst ism, m fp°°6od 41 611; Sf Wt is 1osbM m poic o Rood 411 s1: W) ?apYriP0 19 (Ab 1 and alPoo to RELEASE fm? peeaplai+>, z7 odtbis sts 417 41 I. /? *1e ply a? snob this as 5d1a pin ? with>m m the pturh+sa pti 4116 a? A ' ' 1Casraad 0v saw ao6vr , w 2w terms cf prea* 30 Of 4w Q0 4 2. 7eemdwC thin ASteemeat ?' writlgt aoow b SdMt, addh all depotid bras Llposi br®oa01o4 5o11er wa1 piAaboeMe 11MU? ? 419' ? btot>ftrd lry ? for nay ?? or oatifiartiom Obfdaed 412t Ar. (s1 P'q'°ety rhos. ileam spooi5 P 19 ?3) i??w.(i), fj? 4'? m ra"191 is (?' 4162 .49 oopsRL to dK tae arm Jnl, ml ft Mwa imd olbv..gs 4owd io dre.?+iYh? `Act Ulm oar a? h= (am WaeaMM AU Ma is wt a • 421 > ?O?ASSOAATI ) :JC.NIOE' t! ais 4141 so.? A10T:?I.P? . ' . patina a litlt oarsy0tt' -1}? of the air ? p APKJCA X--; cMwa wnjA. MW PwPuty is m it off eaadat? .ean-w np men af) a+0i segmss sow to i M sag . tM? °f A (nee m a0oolm=ado?+bdiim do (afar em Fins and VhwX *A *1m fad So Ida and P* dw co .>agyfrwi?+??•(railoeoeaS>E?mrd?•0?d» 610 nc 0.04116 of dot WM ?COMIARW Y (liO)ZO!'>L sT1OR). Mw Prapcrq' is part Q( a *=cd wcaw ald as ddmW by :r. [] J'LA ,oat (see blbImen Rgpff&$ CgadoseitM lad Sa1Mt totbra iri p]atmfd • §5?07(aa odtbc Ad?egyiiree CTniSos:.a '- A 1k d O std plain), ' the , laws tbe nft and fqpW= of tw aaoo link and 4M t >? WA & a ?vP!' ofthe Daeleoratien (alias ? *5 s . 4M ' a Cettita:fla o P set ibtth in §5AO7(a Daft Acs. "s ??, r?-• ? rC p Dws T wf 1A ?? Jun-28-09 04:30po FrwAAA Auto Club South 5618651366 T-136 P.008/012 F-811 ep ?recwoa Dole oFtlab Apeemco>, ai4tra4 ??•a ,.?,...?,, » ... - - - - . . (A) Wiemn,Lf am ltaeaie toy o?etd0 °7' m earab8o SeDar m '?:elwaac Aot. ?c>+ct pfafidtr that bas asaoasmaa a mepi> m ,0 a+em dmmmu widris 10 &15 of 3dt'r Undo[ #x Act, SWu isoo! tia & b BiM fz *c i=sl==e or 46 (0) saw w goofy 41&4& to II In doaaaaa I II tooainod fwd ft rtwt?ieoota ?t ie =odd=10 ptaide O CROkmas ? ¦ ? u?taer, oor is 9011,- rbk ? Bvyw lt: ? M=veot Wanted by &c Woci- 01 Ott mion a? Oerb6ere. (C) TW Act p w*ids dat a?yw.W a bo+t ddsA,poem VOii) at imy doneabdheo 1 tooeiva d? aaaosiBion do¢1mre? tmd fa S dayt seer rgooip? CRstdl t aets. wpie6rm ooass 11m air aoliowto 6dkx ba is vfto tgaaaa now &clwbg &b Aramme t aetd, aii 40 30cfPoitApmie9L =Ode` wz t* ta'lrooed stf qwj w mwft w of =ffmsDi••wjhs Veit tic ei? Sc#s l sernboaoe Hn -I Pfir i1 eat s?sttcitlion ti?t? bry that ?top=4 60 iD) ar eatlkdmobb oOd rooardivt6 to 10 *M of fhb Apaorrat, aed my ooaa lamed by Boa i ??oosaatee Toe ONO?by8uya??!? osavoisae,or any basforato W)Nfi^ (2) Floodkwwwoeodleeliremtrattoe Vft Us c ? (1) ??y+erO?reeadAarmaoba?a ikn C3) APf+ was ` >>•? adamoo b.ntatl0r?e baadee(s). asrrodad oorMa?a, ado- oo6ddam boww'=?er tspr foe fwcwzdbdm 0 21. 1?fAII1'T A A >1 OtP 1.015 C iixl?Os add pigs" ptoptslY spxM=k ? in flags AZNM% t. in b pum ?tiaq aacma; 41 4 (A) San wm nadrVM tm Propaaty, pa?R 464 7 ww eod low t+totpod. iodradad ba at Wt aft e Pmpo q M baiian weutsmow,, Soper wJl = T' ni w "°' I rag oeaiemrwat, OR Xgsir ar mpN,ce .anted "am 45 M pm,,;?y pe0 t wfhm nolior"Bow of SdWt doci max o. Cyacgayw ag taalot = lbr &v lk mmkzmdm d 6e mod ROM arc w '°a+ m fhe.npet 1+oda+dil ifarp OR etc d a appiioope, >md eof esadd Buyer 4a; far Are Ok medaa l=ab=s ofd* MW tyantm 417 Q h Ndaapelrat Am m ac 00 Ailed4" mmapplliawor ApsefaftsOMBttyerforSetfairmz valve,aifSti wh soon iet = 3. If iid?dOCSao6Paprir DAYS arh e=rotaaeler @K wldobomiswampta>? 4M fyBoystd'Saiitc'ard+vio•.)'i+ty????Sei?erlnwa?wbiria ? _ an °"e' R8l.-a ?pea?aPh27ordabApa t. OR ua3 to art m 40 22. s7o 4r 472 Ma ?i? A" 47a 23. 4" 480 AN in 413 44 acs 4a w cm . set •te csQ Oat AN 40 4!6 497 as .ere sm sm am m 94. 2L w, 2 Aeotpcthe Property and apW tp wv b 0>a tam: dpsoarpii 4= b. 'fmotiaac leis AIf K by a*- aotLx m saw with aU'dopoti[ faoaMt m?Kd so Bapet reoOtd? p 30ed>?Apa doldiu,•sdoiadeeWW&dsmiWmpkwd Btyarw3h 40 (C) ?? ab 1 P. o[lOrt Sod am aw eraerata atoeooatidldo rat rids 38 setmt W1620 i?60 ?,¦,a Few=* *bob" by Se1Ma. (Mt asAmapt 21.. 'tier fti eas t sAF.r i maw .bywrisa?ra tiotiae W Sdiee, sift wi wi01ail drpoeitmOw= ?a,td to Brp et aoaotditas so flat trims Ofd 30 of t, Twtaimre AIP!?' aar fiicllpa=t? • ? 40 iao?rlc? (?vrarAte) 'ice ataatbm?r y=v aaor ?+ t?oatvanr.'tx+rlsP?R n?6 ? i??ro ?? oosti?tm aw?rOa OF rUt+Oarr cawara?aR7rEaa a? sro cgs R? 70 arailtt, AM'nM caM? C9 O*M" Cr S= F? HAY H/pht -fin! eat0!i.Q>+ 1?ttiAar 'NOW TO >tEill??.lNCM CCMLAtS IM MOMM Va caMINCE ta. AAMM MW JW M MW I Cw n" t A)ou wMt udiffE. 4lttc* ?? ?1oas saigaCriaaiE ore dt as Rog: t??alD. Cibis IN • taAeloe iK gee fetch iat gam •naeotia• ptoridod R 9apdon ] orate 141- aP ? 17, 1957;,?J.. 9114.) "Dnrac salaosrl¦?tt me lrt mtD' ? ha ? ? albsidraoot * e°R+ sod Ste pptpafty dttrorbrd lrsctaia mrD? be p ?0° as • dLa to ?OOY a ptiNase iaoooraa wraii ate errarti odE t1? + ?"' Y f60 aori. 7lis it rattle dbt dre parpoees as agaXpplywltd+.p afi0abrw+l40f1ba> r+??1? °°? ?sLtodCool ?t? ?,196b" Brgare0ewa 4x m dpt ae am *am sene* which decd wad{ oeemsis tiro tsar+?td praisitatL M (? as (A) ' amNim is lobe deliwxod by ON& imP arrh bww-daW ? rnd>3mt of reldomaat, lWDiOR ? • 1 • >°'hyrl? P?40° fa w,aol; PropaeQ ? of dobrit, w3>h.Il w, •r• ilPmPa{er it bimotd as erf 2. Awr410 0t Of =W OdIft i m*N Watthw wkh aq sc=JW dWo" ard'mlaos? s+ and IM or 4M *00c satdaa atekAp' ? tmlale oemwire sftd is fbirA?arraac 412 (g) Breyer wall adM=O * iesse(A hY aai bbg tiro WONO aft e mcludoo d=ais ASMOMM Irtiem adaawira speel8od JIM- 40 Ss ate ptpmg wir%md Ere wftm otastart dDWM fit titJ? wn1) aof aotraf isb =yaw iearOR a+?iatas of itat? ar addirigeid ycsott RSCORDM ?) 7? Amt will ndbt ieootdod in ant 000 ortia Recaolac of n.sdt of b.=F aamr Offlu Of pboc Tam& ass D• ftm =Dart Or pamI tt fsalt Aff nrat ro be roaacdr+d. SeBec a>ttb? ais= b >mrt atop ad w a bt+dea5t pfflait Aaler=roa. A -r p.*) m& is blOdiol:>? 0et p=?? $rirbaita, ptmiOad tupteteaMtiras. sotad0ret and snOarieoat,'td an t6c etdoaEt 4W andprbk an ft osiers ore* pa im homw. &rm + m oat ahmda ac ssalgn flair AB?+art w?,oet d>c ieriaen commot or &U& wrlees adba- .es wire MW in Iles Apf=ak 42c GO CRNM LAW, VEM de MRIW IAL N V4M AM 7u w iftad au old d? Of the partxs. ariil be bOveraad in aoootAmoa wit, tlw hws =fibs •M ?mardaieAvemaw 4s¢ ? 6a my? canna aW or ch?im n%wg amdw cc la gem dim wah dais AptOnw at Is pcd=mftw by si=ft=-parq U 'b+e PAM? cmd in the mac ar >i kW worse t? 110 *c Cotapmmftft of POIMYtVN "I be decided acch' by art 27, adaw rMtv (> aaas? qah dew =rod forever dltd S16L?1.E t A3LL ROMORFA dWW X•K" , ? ad or OMCXR or M6 sue' aafpeit PAfiCrrtg,R d ay' we at am and OW odwer 1'RRSOK MM er OOMORaM eta cosy be b* IV er liatmo IhM Dtror m4' and art ? eWaee, Motes or aaesada? iadodbap ? atrsliaaibadivt, ptntad lsjary ? Pe'?Y iatae and dd 1Ma mrp?eOaa wirnhar art s-OOwa w W4 wm* Ow die fnm Ibe ps?rte? of Mum a= a 0w wn&;bwft lrandh aWkW WA-60W !kbK WOMB. meld, W Or =t 11mmaw tdr geeaisy, tlnPeo OMM b=udk MW 081m b iatit b • t gewqp dmpmd systm w dmadmtiw iAdat os4b watar wet- am ke sysom? or my ad aft or mwdWAart So IN hvpcM ti mW &Ikr be Is deEM& wwwr the =us of #A Aermuaati or b visbdioa of am eat law tre leaf or rte,tad= l does not deprart Days et waW SW 1° Pmwm i y r sedo tint may to ara1101- bw so¢ . Tbb F*w wad foxv ve slllltmlJr? . M .... ?? /! a/ .. .... RA Jun-20-00 04:30pa Fra-AAA Auto Club South 5618651386 T-136 P.010/012 F-611 MJ0111 lydW AM Nxa W"O) siob? bra or pbma oda?r lomd toads by Sallef; W as 1111M 00=110b -'- . IN (A) +n0:epc Mw6 K lobos. ut s pw ap?ettb8. Pc?p I mood. k bas Apr wffl t Uk aodiss ft so? AM ap,rs sn ttoofttisA?aamtat ? ' b0°'?? dr al • *0=0M oraoadtsma, WA Id 4e wbob tpaam 13 m r -, ass Sdbr sad and *= are ao oibss umss, wMzObe do read or mod w O=F la va ft M ar &wwj%, dmy 13ad wbstsoM o M ft this seie 'ims ApotA+eot ? ;ts ao°°w°d >be> ? ` ? mar bs.>mp?esad ? ?17.11?el?di?'? ? ? i?? !P'e's'°eq' epe?a* Sr 7i (B) qualm W bas vabad tha riot ee sq snarl w P PiOPY 1TS1Ri8RHT M nz % Mod bud* barn Oft *b Agteaasratt a? ar iars..t'aat a:i brdapsdass ??" Sts ;~t Eoe '. taper admasrbdN dmt Bmbms, tbeb 18oebeaa+, st playaaa, 1 barlaa ? dlbe shaoburll aarmite"a otlbe Paapsebs ie ap ea ooad?iss, efdra aaa?sMr, goa4Mraaead ootrdllimM, 513 • 51e aw d Os Mel{ sa3stia? bz ?! Imb wbare the rsepatO 1s nw bad fty ?E s madmdeal 5ti an s?.s a°7 dt? slatean ar?mabad tdrr°. ' ' vnIn be wmplaood s watiomablae ma= sQ7 (C) AW *q t1e4? by *aApaesnmt to assist a&Vpeoeoosd parties is aampbjMg'4W this Amt. s a 5;e (?) ) )IiYE PmvW or nft O ovdt saw 318 e`rssdnbt8 °+ pod by Hvy.r. +? deposit awn% rlbanld Hwar: sm ? seAarbastbo apt I_ VAO =now a wa ema il 3, ab *i$ ArwOMW 2, iraasiab >b1a Or boott?plaso WkMO&n m 5dkth >0?te1 or my omr.v M Woo' ad is aoooeadaS '' a w Soto , swig, OR aw balsa ? ooetioa oEtbis A Daanteat IM3. Vtotsme ois'1 m ad pasiorra b n 9silarm9' eleetmaesla dtaeo gams paid !y 8rsM iaelo1 ft dot m9kc ttb ? ($) t>lloaa otbat?aa eJraslseaZ U psraprnpb ? Da arp? 1P? ? ? w 2 As bbeappliodw sdlda an, in,r, 3>4 3. y ed,MraystTorssobbtts?. lAtBABYiWY1S gqOULWgW3W"g"WM&j4UWWWjWVAGM sai sit (?) ?dR11(L>6?i7ip'I?O'1lRTAiIlii?G ? m? ? d ?? Ixeiaaat4>??b 29 (,is) a (C'1. ?? asd 8e'Jer sm 3sv OD) TfSaWraotsomaagttsmapidlal d an m, sso rrir++d 4ar1 lra?ar 2Ybtliq? a abl?aden and Ibis M Vt?. ? is8 30- Tf'?Tl?i >rl?ttlMfi'108T D1R0?'1R lam) si3s>i aooemx 'Prim w ep (,??) Wbata H<Fyer sea?iasaaR dsitA d 1 b asOr Ji d b7 A aasaK aotliea Ow ally saiaaaalr: ft**, eoemd+ 04 wMbas?iaWgwwdlbApromaeatwmbeVM-''brbrdmrboidM Ov&Poab s aES?SmsRaal am b?raenDo3waWStow sadaspem>?tit RvksaadRem ind so the terms ot. fb?Y aaoacaWd wrlaida "` isc y? 13edtCCou?aa: tp;[abeesd<ooolRpdocwbvohpwQisatit i07 ar (S) lfttrsra is adt no owt m s b'a is q&W by ? ? NRoidba tK tba SM Rsd iie Oommbaton ea in tlsdtodopoiitmmMR Ab?+ oberb ?e depaett mmi'"as ia ter?bwlb9? ab?ewji?dieevbabdsraodeaaoNW 37D• ?y s+seaintbotna?iea >ss t?a+ aasil the disp+n ie raaoisad.In tb. eases d>3?a?n ova ?b m0O1°?' ?' asbR oe adiiaad iosatsaG is Esc iestotba?sedsf+s lcedarofoastoratirte a0?oftbo?' ?ff0'a6el>soraV°a??ae?? • si0 a4aa?. ? ' ? ass! ewa dtir: beobsfp) o,dliceaiaa(s) wits bn pNdbY? ?4Y 8 tl,sa s+n ss: jadn•d m> siopedt sea ;a 31- REAL WrA7rE MWAM FM vim bm abstbd a Std *4 3' e1W a P0020imok n'd aaoms lioez»oe tits A ?Ad Eddie RaMvM hind c*u 1b 11 say pawn SI t asriarp m ?dw X014 at d0D0b m a seal estass tym wdt n wA wbo b? baen aaaWf$ t4 MOM tba Tttdpaar aStr ea m ild $ alt b W sts ad owiMMO - I - I. per oompide deass about dr l+nad, odl (717) 733+7tis8 (!p0) tt83? 113 (widrbs ) and(71?) 783-iS54 (01a" sss acs sift !mwjwn*? so 5,47 3& ? 04 cboclu?d in pw?h 32 Ems. 9"w and Sella wM 1 dl d ?s ct.in?t >bat arise e?A so m• Oa tachad OwmO Su in soaaeodeaos wills ft bam and ltiaoodoms ` Amy Of ssr ' ?saeetMOd, tad. and avdetaamd R "0d ?0° attbe Tiosae Sa>LaV >m >00° SYMM an W . (S) tie a olabs A srll! sssr+?rs aatt cMva. iz sa~ (C' sad 9dler aodsx s? dnt GWY taay dw* to rnedista a< a laser lose AMM a dapme a dabn aoaa, sas (D) 1S 1IIrA1V?• > 1554 59 bat that d.me wiA tae ao obadaa 1Pm do so. beltbdaee VM 048) 96 33. R? LL4D•aW PAINT HAZARD 'KIEItQ Ad.'s' 1?FOr1lLT 9981*" !m Ma'sParlMs wwof prop as ;m aasad paint Ntsbatis pitutiaeae?s '[T'a saWa'e.l l'°a?Iwad laiat Raddled Fiareor'fbrjb'fMwjaWm )bar W my bdlt -111- 1978 w pmvklv do bMa VA& as &PA-approtraP N 01 pshd w4ft yed-Wd 111116141 in Or GO tae peeper- sea TAW =d w diselaaa w 6. bupst widths tb4obm(s) 4 d» loa.tiat dw bsa w& and t11e cowidim of ty W4 WK aloes wO the basis used tar d thrt Sao 1assoy rds logs s or top" it Ale to as fdlo'>ap?k& fwd iwdd p*d aod/oc sill Any of s lae-197a aWOObvs MM also pronba the buyer wid, _ k. "Wed "M baaoodc io Or dx d do ooasdacsed Orin 'L rMpjM go ae[? *maw %Dole& a ? 10 ? ? a boa iK &UWW w F my bovalolt far the laatesoe of Iad?sod paiaa aadlor p? sa dw to d= p? to 000&= s d* a in ?:.e Naltbrr x1ft rAr dwim= a sb asiee in WIV W • bed TOM oppoeossrb W 000dut s *j nummem of Mqadm nw bs wahrod by . `^ • iv. 36 Is5 >e "am A wft boih b11978 or bwa' is sot oftoet to ibe AOL ms APPUCASM pngx m wa bdlt In t94s Or biter L436-Sand Paint xxmrtls Dbdowe am b0postdaa a so © AWLMABM- PKVMV was• bift b4m 1977 Bra antst ROMb *2 at n Candopm, Add=dm (PAR FWM J VA) or aawder seaa/ssbM bas with dw b? by Aa. sad ?? F rbe ira.pbirse ?reerr ]ier Fiareily?raar Jwsvi a 3iwr • llM7at$) MW WA betolr 0e ? base > W6 dos s Waft a: in L Patel Us=* i'>o<]causo asdlse 00on Cwtogwo:y, (ngnbOd as Pat oftids are ?.? 14ooed Ywr tandlyfmn Land In *11W H " P- .,?, r:.n.. r ... -ft w. -. 4 ?f1A Jun-29-09 04:31pa From-AAA Auto Club South 5616651396 T-136 P.011/012 F-611 ATE OA AGRKEM M SULLMS DJSC'1.O60RS Slat ba m kwwb dge oonca okS da presence of kad4wW paint Mar kad baaed paint ' myl ia,or abaat ft PMwW, orbs tic" blow. Seger bae bwwkdre of the pme mco of kwd4wed point and/or k a&boW paint Ltzuds in ar about the Pmpmy. VmvkIt rite basis for ?qg ee p udadasvmab> On- pc1 eaoofJsd4barodpdo andAw 1ad.bwW SEL UM'S Saber im no aaatwds w roWb petlreipmg to kod-basod pmt wNa kxd-bamd past bazar in ar abwX 1t Prope ft tlmltla tiiiaeloetl blow. O Seth asID avat'fablo l+roo?dz aad iepcrts to ns l brand p 1 asdpakd ha+aads in or about ffie aw ZZOWD mow,^oR ? v w .F ---Jr " _ - - Pro". Vaoft sodta ft an t 1w ft e of its f6m Bww btta swokwed Std6ar's dlLtClbwn of'lrtt m 1aad1boaed pafat =dAox lead-baaW ltiatt? 3 u pmpaph i and has wadad to teoodda acrd eep b tagwft bodbo edpalot a &cc lexid 4w*d paieo<bmrd- id mOW in parapaph 2. PAINT that bdat0 aryar it obHp W tb bqy a nddaodd d bill beb 19U, Buys bas 10 DAYS (valor otbanxlse n4jo. to omdob a d* mndlar ?- of the Praparty fior tilt preasace of lsadrbearad pint and/or lead•itassd palat<ltasa . • WAIVE. bgwmdwdmndttba Bgwbas*oTWtocorawaarlsicmwmmoaodlorinspadoaoffePsope W10dm=imt?cptzs- eoa cf lad4vmd pe W andla lead.based point da; ${;M WA11M TMW. RlGR7 sad apses to *e i== afthc PMEASB paa- D f=. C ftWn y Paeiq& _ 0 days fmm floe &ecMm Date of this AV=amL (A) *tC OV ParIA Will; at haws may cbooea t0 obtdn a flak awt t aad/w kd pccdm of the Pwpctty (8) Wilts. l>tia ?>t+srslot3• B?? ddi?r a Scllor'awvvdawsd'aat of Sr apa?5c >satoatioos aoatditioa dsitedaa Ste repoat asad >bas ataot %AwW c+49,- by Buyer a1 mg WW X off of the t?idr al0waaaaamt mat t>gpoat (P seaff a mm uMill 7_ DAYS af:+aoei d ' %o }1St a d iepat(t), aabaait a Writ = Carir0Wft Anpnod C M to 84= M4 Pi6poad wx ioobl* but not be liptited to, the carnxWaaos Loop "- of the tn,traodiadox+ oompatay axed &y arl1eeted oaa OOM diato - aoetactive so"a me Sena MM PMVW loan a A* asmosw a inspeeoor,that memnt+es httvc ham aaedly oolooplsebed sea arbaslbee the Deotedayoapieticse data (D) ]i Ner taabaaW a Prapaawl: DWW WA whin -..I_ DAYS:, 1. dtoPaopwd and (be Pt petty iawrkmg, ford aped. the tet>me of ?e RELEASE pota?aPh ofTt>tiia AgteemamR 2. ** q -11 by **= notice to saliar. wia aR depositmMIN rarasnodtc aww -F... e % g 6 thataeans slits Th'R- Mn4hT [r A RL=-a OP DEPO= Pa wqb lo[dtis Atfumant (L? 1If SaMat dens Dot taiM¦dt a 1°snpssaM a tics time S& ti& in (Q Awe. Darr wig wM= _A_ DAY'S: in w L I?ft the tolklI aaOM crated in ?s) axtd sgM to the tbons Otte R LLI.4m peroagtaph of 1. Aocft fate P- -- ti ft OR mmies:?tmed is Bttyor acootdilog the ttmos aFtbe 1FR 2. Tarmio?iole*3tA5tvbY udb%w t° Selkz; wIPo?aIt depoat WAX" A RETURN OF DF.PIMM prap yb 0ribis AElOM=t. 1S 8?'!an' Elsa !w R7oerebC m4 a+[$t:?e'a in bat7ddaaaa s1 wldidat aS0? dtiiat file l1m ftabed lba lice i4' a 1(??yar,ai aaaesXtt "d apseto-60.leatota a[?e •RJ?SR r aaR ortiYae,Snscteae¦e? s. Jam' M. ta*.gped j,;pgpam iaaualvCd in this ttansaaioo, * behalf of and thur ? ? ?:bab aawwwas eras ttac tc tits bat gttbealmowledge sad b aTe Mw L ODW bwlwd In this tfu=cdoa haws ifU%nned SAwofSeb t'a afted" fordo the RaddswW Laa&8saedPa3at stword RboctiM Act, 42U.S U.S.C. §0= 4 and = aartac offs *tavanp- and Saba cwffy the *=ms L-1 of fk,eir .apndve stadt m=mts, to ft 6. BtTYi6ltl?•i? ClfAT'1+'JiC~ ay w4mg Addandnm, Bucya beat of tbdr boorUdSe- V lUitss ? r 6 09 ?rr'? ? W1?'l?SS " Oofo/f ? DATE dab= _AOr Z /I I ,;wM Ct AT10 AaOKM hOOR BELUM (Ca llonw'Naane) , ACMM BY ' . r RFOR BUYER (CasapaOf NfII1°) .$ - „37 ACCEPM BY or-; Jun-26-06 04:32po Ftm-AAA Auto Club South JT. rr siw..r .•r..-?.. r --• '1>te IIMaMI? rn psi of I & Apaisoot ff D sat. a sWIMM of Oft t Cmob/pooy Aditlim (PAR Fwm 351) D Sdo A 22000M of Ober PmperW C 01OMW waAdW* to cmdmw Usuft Faml?? (6) i i 9 a •t Q n w a r n R 5618651386 T-136 P.012/012 F-611 D S cfOdw Pnrxq CmdsgeoqA *Wm MRFamn SOP) 0 7wavoocimw Proppty Ad6mdom (PAR ftm TOf? S ..• ._.. D 'Jai Dget aad Setter adowllledpe rae@t of a copy d fib AVmWM m dw lose d 4Phi a? U1 No an ses sA sIs sm sm m WB ao NO=7U PAMM& 111MN SK14 D, IM AGRM 1IWT IS A 3>IMdII M OMCMACG•!anise to ftb 1[ooia?d we airlled b am* = oa m sommry b&w*ftmft raw 009 b" wivil . no m Reeler ?f > adir?i traea?Aio+ (RA7q at ttlt Apes, ard+rd adieYa and miaiseed? bwplet teem 1 a1 pedet? earedFarm? iot aese?eiooe i72 w f?1 it radeN MIi CsraaweeAistise at adopatd b ?plie Sri ibWe Cerrtetiior at1 !'a. CadR 31i• (? $?r Ye eeeebat s atrtt?toR a[ll4rkR mA¦iied eiiM oesb 1?rAMps oiRiK Mlle ili a Q' 31,Te W •+? atl rdeeeotstictRe rMieos,wai axpisoa ti?le+1 12 Y dW Asriiwt aY +oe ? M,y„R ? Yw?ee?d a iiit?'k Aspiea? DYdiw:e aPteeoreat >sidii+e sy,?aR ? A?jraarRair, iF tey?le.d by irw (see•]b/ermaeiia 31eleiei? ? 1M >Rad)Li811e >8eilm +ei IrDb+e apno )tNmj ad i ?r as 8edgpr *r S?eier ie wiirR iiPait aeaq) l ee sT?iiaR tK N6 cs -!pp, Re . ?• ? tr :eei ??? Rio= (? a AMOMMIL no e+I su 81G itt i13 » DATE ets - fu Me eemkod dk Csr? as sfrpotd by tiro OW Red Tom Caamoiom at CIS ft coo eK wt,e?oeMd a rtale?rer! sf 8e1erM aellsaMd deiiap aaeb Defolta dP?! ? s77 1a road and aadetitards $! aeO m asd mlim*WY ikd It ttds AvvmmwL 614 SELLN"MAxl.DWARDISS& ms no On WA Cti OS6 :7 Gil ite NO w z DATE 02 SgULVL VnTKw AIS.it PmW la at l$ 3 wAmd M5 EXHIBIT D 23 0 *08V41!41R] /?= Properly Inspecan rt Property Address 1012 Tiverton Rd. City/State Mechanicsburg, PA. Style of Building 2 Story. Estimated Age 16 Years. Years Gent(s) Kuhlman. Present? Yes. Owner Present? No. Others Present Not Applicable. Ageni/Company _ Lori Englebrook. Century 21 Agent/Company Job# Date Inspected 07101/2009. Time 4:00pm, Status Occupied, Inspector: Matt Kennedy. (as Agent of Company) Inspector: (as Agent of Company) Signed WEATHER CONDITIONS Temperature 80. (degrees F) and Overcast. GROUND CONDITIONS Dry. For Office Use Only Ins. Fee Code Env. REPORT EXPLANATIONS REVIEWED: All component(s) in this category appeared to be functioning normally at the time of the inspection. The Component(s) may show typical wear and tear. N/A: Listed component(s) in this category were not applicable to, and therefore not included in, this inspection. COMMENT(S): Component(s) in this category were subject to one or more oomments as printed on each page below. Monitoring, minor maintenance, or further attention may be suggested, as indicated in the comment(s). Further evaluation by a QUALIFIED CONTRACTOR may be recommended. Comments provided may apply only to a portion of an item or only to certain items within the category. The inspector will usually provide an explanation of this within the written commentary. CONTRACT PROVISIONS is INSPECTION CONTRACT CONDITIONS 1 b BUILDING EXTERIOR Building Proper (siding, trim, porches, patios, decks, driveways, drainage, eic.) 2 Roof (roofing materials, gutters, chimneys, skylights, flashing, etc.) 3 Garage/Carport (roofing materials, walls, garage doors, openers, etc.) 4 BUILDING INTERIOR Rooms (walls, ceilings, windows, doors, floors, stairways, fireplaces etc.) , Bathrooms (tabs, showers, sinks, drains, toilets, tile, etc.) 5 Kitchen (sinks, drains, cabinets, countertops, ventlation, floor, etc.) 6 BUILDING MECHANICAL SYSTEMS 7 Plumbing (water piping, gas piping, water heater, flood control, etc.) 8 Electrical (e/ecftal panels, wiring, groundng, receptacles, GFCI's, etc.) g Heating & Air Conditioning (furnaces, boilers, compressors, ductwork, flue pipes, etc.) 10 BUILDING STRUCTURAL ELEMENTS Foundation (wags, columns, beams, joists, cracks, water penetration, etc.) 11 Attic (water penetration, ventilation, insulation, framing, etc.) 12 Copyright 2005 The Brick Wacker Property hapection Report 1 Version 3.0 B Ettarbr BUN009 Proper Reviewed N/A 'Comments A. Exterior Walls: Siding Type(s): EIF mastic Stucco, Brick & Vinyl. ? B. Exterior Trim C. Eaves, Soffits & Fascia ? D. Patio(s) & Walkway(s) ? E. Deck(s), Pond(s), Beloony(s) & Railing(s) ? F. Stoop(s), Stairs, Step(s) & Raiing(s) ? G. Driveway(s) ? H. Exterior Doors ? 1. Grading and Drainage J. Vegetation (Trees, shrubs, vines affecting the building) ? K. Other. Window Wells. Comments 'throe nV40d'CO"MU'uswNy nqufre ~#m - See Report EVIwaions 1. A EIFSfSyn#wtic Stucco: Exterior Insulated Finish System (EIFS): This Home Inspection is visual only. EIFS type siding has been known to allow moisture Infiltration and subsequent damage to the wall cavity. A specialized inspection for EIFS type siding systems that is beyond the scope of this inspection is strongly recommended. I. B One or more areas of the Prim had failing paint. Proper relirrishing and caulking is recommended. 1. F Masonry Stoop(s): Missing, deteriorated andfor loose mortar was observed at one or more areas. This could allow moisture infiltration and potential for damage to the brick surfaces, as well as loose bricks that could become tripping hazards. Proper tuclkpointing (replacement of the loose mortar joints) is recommended. I. J Trees, shnubs andfor vines were overgrown at roof areas and around exterior of home. Recommend cutting these back to maintain at least 8 to 12 inches of dear space between the structure and any vegetation to promote proper air circulation and help prevent damage from stains. moisture and insects. I. K Window Weld: Good quality window well cover(s) are recommended to keep well areas dry, free of debris and to provide safety and security for animals and humans. Note: For the purposes of fderrlWyfng specific areas of the building, assume you are Wiside fading dire house from the street or road. Report references maybe made to 7efP, -nght-, 7mnP, or year ADDITIONAL EXTERIOR COMMENTS MAY BE ON ADDENDUM PAGE A-1, which Will be included only if needed - Vegetation, grading, surface drainage, and retaining wells are reviewed when any of these items may potentially adversely affect the building. Siding and/or structural defects may be hidden behind dense foliage, vines, snow, stored items, debris or finishes and can not be ndu led with this inspection. Areas that visually appear to be deteriorated may be probed, if accessible. Additional defects may be found when repairs are made to isms listed in this report or when remodeling is done on the exterior. We cannot be held responsible for any hidden defects found after the inspection. t n t 2 Tivortnn M4 - - - meaiarnksourg, rA. 07/01/2009. Page Revised Copyright 2005 The Brick Kicker Property Inspection Report 2 hlyior II ROOF LN, Style: Hip. Estimated Age: 13-17. Years Layers Readily Viable: 1. Observation Method: Ground Level. Reviewed N/A -Comments A S . urface Material(s) (Type): Asphalt or Fibs lass Shingles. ? B Fl h . as ings & Plumbing Vents ? C. Gutters/Downspouts ? D Sk ig . yl ht(s) ? E V il i . ent at on (Visible Condition) ? F Chi . mney(s) & Cap(s) G. Other: ? Comments ' hems marked'Comments' usuall y require afbnlfon - See Report 091malons II. C Danngad downspouts were observed at one or more locations. This may contribute to foundation seepage. Proper repair or replacement is recommended. We recommend refering to the HOME REFERENCE GUIDE provided with this report for maintenance suggestions. ADDITIONAL ROOF COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only i needed. This Inspection is made on the basis of what is visible and accessible on the day of the inspection and is not a warranty of the roof system or how Icnc it will be walertiaht In the future. For an accurate cost on what repair or replooement cost will be, a qualified roofing contractor amid be contacted. All roof coverings require periodic maintenanoe and an annual inspection is recommended. Many leaks occur orgy under conditions of prolonged rain, and these conditions may not be present at the time of the inspection. Buyers are encouraged to ask the current owner about the presence of any roof leaks. iviIc rrvertvn mu. Mechanicsburg, PA. 07/01/2009. Pape Revised Copyright 2005 The Brickl(k*er Property inspection Report 3 flaerNr 111 6?IGCE TYPE: Aftchad. Reviewed N/A 'Comments A. Building Exterior - Siding Type(s): Same as House, see ins n report page 2. ? B R f S . oo urface Material(s): Same as House, an lea don report pop 3. ? C G I . arage nterior ? D A t i . u omot ve Door(s): Metal. ? E A t i . u omat c Opener(s) ? F. Service Door(s) ? G Fl /F . oor oundation ? H Oth . er 1.ornmans ' WING nwrirad'CoM~s'usuelly Mums stNetlon - Saa Rtpwt EVlanatons III. E Older automatic opener(s) installed, which did not appear to have any safety rove" featinte. Suggest upgrading to new automatic door opener(s) (with electronic eye & pressure safety stop mechanisms which together more dependable & SAFE operation. ) III. G Some typical cracking of the floor was observed. This does not usually indicate a structural deficiency: monitoring of the cracking is recommended. ADDITIONAL GARAGE COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only if needed. Garage inspections are often limited by the occupants stored items and vehicles. Be sure to review this area after the current occupart has removed stored items and before final possession for any potential issues to be addressed at that time. This is not a technically exhaustive inspection, and minor defects may exist that are not reflected in this report. We cannot detect latent or hidden conditions, and therefore cannot be responsible for items hidden under finishes, within wall cavities, under insulation, etc. 1A411 --- na Page Revised Copyright 2005 The Brk*Kcker Property hapection Report Mechanicsburg, PA. .07/01/2009. 4 hangr IV INNS I ROOM(S): General. LOCATION: Throughout. Water Stains or Damage Noted: None located in visible areas. Reviewed N/A 'Comments A. Ceilings B. Walls ? C. Windows (Sample Teshv Onl)o ? D. Interior Door(s) (Sampls Testiv Onlid ? E. Floors ? F. Step(s), Stairway(s) and Railing(s) ? G. Fireplaces/Solid Fuel Burning Stoves For personal sareV, we recommend that Type: Fireplace. these Nays be cleaned anti checked Chimney(s): Masonry. annually bya quallfNd chimney sweep. ? H. Permanent Hest Source in Habitable Rooms ? I. Other. ? Ual msnae • IMms ?runrlred'Canments'ususlly ngdre atlsntlon . Sea Report Eiplanatlons IV. A Cracks were observed that are common to drywall and plaster ceilings. These are usually cosmetic and may be repaired as desired, however. monitoring of all cracking for possible movement is recommended. Some cracks will re- occur as a result of normal expansion and contraction from changing indoor humidity levels and seasonal changes. IV. D One or more of the door hardware components (powder roan) (handles, locks, latches or hinges) would benefit from adjustment for proper operation. IV. E Ons or more areas of the sub-flooring were loose: this is the usual reason for squeaking floors and is not usually a structural concern. The sub-flooring may be re-secured with screws to prevent movement and stop the squeaking. IV. G Fireplace(s): Excessive build-up of soot or creosote was observed in the flue(s) and/or fireplace(s). Creosote is a fire hazard. Cleaning and inspection by a qualified chimney sweep is recommended. Flue or firebox defects may be hidden by soot and creosote. If Fireplaces Of Soid Fusl Humir?a Stoves were present, only visible and readily accessible portions of the fireplaces or stoves have been reviewed. Flue d ds may axis that can only be discovered through a Level 2 chimney Inspection pedon, d by a qualified chimney sweep. Manually Ile gas fireplaces are not operated as a part of this inspection. ADDITIONAL ROOMS COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only if needed. Furniture and other personal possessions and/or stared items may prevent a complete examination of wall and/or floor surfaces. Normal shrinkage, settlement and seasonal changes in wood framing may cause minor cracking in walls and ceilings. Most well and ceiling cracking is typical and not usually caused by structural movement i v i c 1 Ivw lur 1 nu. Mechanicsburg, PA. 07/01/2009. Page Revised Copyright 2005 The Bridci0cker Property Inspection Report Y BBathroom No. 1 Bathroom No. 2 Bathroom No. 3 LOCATION: Reviewed N/A 'Comments Reviewed N/A 'Comments Reviewed N/A -Comments A. BATHTUB pn kwn wwrre) ? 1. Tub Drain ? 2. Faucet/Shower Head ? B. SHOWER (wciwtsewwrie) ? 1. Shower Drain ? 2. Faucet/Shower Head ? C. SINK/VANITY ? 1. Sink Drain 2. Faucet ? D. TOILET ? E. VENTING ? F. FLOOR ? Comments ' Hems MR&W'Commerrts'usuetly r"Is t ~Von • See Report EVIanatons V. C1: BATH #1 - Leaking was noted under the sink from the waste line and/or other piping (guest bath). Correction by a qualified contractor is recommended. ADDITIONAL BATHROOM COMMENTS MAY BE ON ADDENDUM PAGE A_9 Whirl, %"I he i,,,.r,, ed „rd ,s -_d-d ,...o...,..Y ., We recommend periodic cleaning (removal of built-up dust and dirt) of bathroom ventilation (exhaust) fans to maintain proper operation. Periodic review of caulking and grouting at all tied areas and at backsplashes is strongly recommended 1o prevent moisture damage to the underlying surfaces. Repairs should always be made with the proper materials. Water leaks may not appear during the inspection if the hone is vacant due to lack of normal usage, but may appear after repeated usage, and we cannot be held responsible for these. vic iiverion Ko. Mechanicsburg, PA. 07/01/2009. Page Revised Copyright 2005 The BrickWk*er Property Inspection Report 7 s 11ftner n MTONEN Reviewed NA 'Comments A. Ventilation: Stove Top, (berm a m to recirculate to the interior. ? B. Sink ? C. Sink Drain ? D. Faucet ? E. Countertop(s) ? F. Cabinet(s) (Sempb TUNV Only) ? G. Floor ? rRango. Cookto . Dishwasher. H. Appliances Reviewed. Reviewed. Reviewed. NOTE: We provide a cursory review of selected appliances for "on-afr function only and strictly as a courtesy to our clients. Temperatures, thermostats, features, functions and cycles ARE NOT verified. We strongly recommend that the dient(s) verify the proper operation of of appliances during the final walk-through before the dosing. 1. Other: ? Comments • Ibms narked'Comments'uswUy require stlenlion - See Report EiV ne%ns ADDITIONAL KITCHEN COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only f needed. This is a visual inspection. Water stains or damage may be hidden by stored personal items, behind cabinets and appliances, under floor coverings, or within wail cavities and may not be reported on. If the house was vacant at the time of the inspection, leaks may not appear due to lack of normal usage. The function of all appliances remaining with the house should be verified by the client before the closing. The BrickKicker cannot be held responsible for the function of any appliances 1012 Tiverton Rd. Mechanicsburg, PA. 07/0112009. Page Revised Copyright 2005 The Brick Kicker Property Inspection Report 9 M?er?Ngl ems V11 PLMBMG vvarer main seat offtocatim. Basement. Reviewed N/A 'Comments A. Water Pressure and Flow ? B W Pi . ater ping Material(s): Copper. ? C D i b V P . ra n ent iping Material(s): PVC PlastllC ? D W H . ater ester 1: Size Unknoweal. Type: Electric. EstAge UnknowrVews Water Heater 2: Size gal. Type: EstAge Years ? ? E . Supply Piping & Storage Main Shut Off Location: ? F. Flood Control (stone and sewage pumps): Sump (Storm Water) ? G O h . t er: Comments lltma mnked'Commertts'usually rsqufre atknilm - See Report Wanailons The condition of underground drainage and waste piping cannot be detem ted by this nspectbn. We strongly nstco.ning d thatTHE CLIENT MAKE AN INQUIRY WITH THE CURRENT OWNER AS TO THE CONDITION OF UNDERGROUND DRAINAGE AND WASTE PIPING AND IF THERE M ANY HISTORY OF SEWAGE BACK-UPS INTO THE HOUSE. ADDITIONAL PLUMBING COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be indudwd nnw if nmsAr j Supply and drainage piping is observed in exposed areas only. The condition of piping within walls cannot be detsmtined as a part of this inspection. Weis and septic systems are specifically excluded from this inspection - separate, speciaized testing and inspection of these systems is recommended (and may be required by low). All plumbing work should be performed by licensed plumbers. V i.orrurr r%u. Mechanicsburg, PA. 07/01/2009. Pape Revised Copyright 2005 The Brill Mcker Property Inspection Report 10 IMelrl?ipl emE VIII EMain Service: AMPS, 200; Reviewed N/A 'Comments A. Service Entrance Cables Material: Aluminum. B. Service/Main Panel Location: Baaement. Overcument Protection & Grounding: Breakers. C. Sub-Panel Location(s): Overcurrent Protection & Grounding: D. Branch Circuit Wring Material(s): Copper. Wiring Types(s): Non-Metallic Sheathing (gornex) E. Receptacles (Outlets) (sample testing only) F. Light FiKtures V, G. GFCI Devices: Those present were tested: J on iecomawnded at aN wet areas. H. Smoke Detectors: Present: periodic testing strongly recommended. 1. Other: Comments ' Hems marked' Comments'usurlly req ~#on - See Report E*Iwefions VIII. A Meter Housing: Conduit was not attached to the mater housing. Recommend repair. Vill. B Branch Circuit Wiring: One or more double (or multiple) tapped circuit breakers or fuses were observed. Most equipment is not designed to hold more than one wire and this can result in loose wire connections, arcing and overheating. Proper correction by a qualified electrician is recommended. Numerous double taps often indicate that the elect rical panel is obsolete. VIII. E One or more electrical outlets were observed to be loose. Recommend all outlets be checked and property secured to prevent a shock hazard. "Loose Outlet" Location(s): Kitchen. VIII. G Ground Fault Circuit Interrupter (GFCI) and Are Fault Circuit Interrupter (AFCI) devices were not present at all reaorrr-11111 locations. GFCI devices reduce election hazards at wet areas: kitchen counters, bathrooms, basements, garages, and all exterior locations. AFCI devices reduce arcing and potential fires in bedrooms and other areas. Suggest installation of GFCI and AFCI devices at all recommended locations by a qualified electrician. ADDITIONAL ELECTRICAL COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only if needed. Only qualified electricians should perform all electrical repairs or modifications. The condition of wiring is typically only observed in the electrical panel(s) - junction boy, outlet and switch covers are not removed. Lights that do not appear to function are often the result of burned out bulbs. AFCI (arc fault circuit interrupter) devices and only tested in vacent houses. Snake detectors are visually checked but not tested in accordance with industry standards. Low voltage systems (door bells, telephones, etc.) are not included in this inspection. SMOKE AND CARBON MONOXIDE DETECTORS SHOULD BE PERIODICALLY CHECKED FOR FUNCTION. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revised Copyright 2005 The BridcKrcker Property inspection Report 11 systems] IN NYC A. HEATING EQUIPMENT Indudes Flue R ' , Bbwers, Pum , Safe Values, Corn [wstion Air, etc. Unit Brand Type BTU Input Fuel Est Age Reviewed N/A 'Comments 1 Unknown. Geothermal. Unknown. Electric. 5-10. ? 2 ? 3 ? Ali naming and cooling equipment should be serviced annually by a qualified contractor. A unit marked "Reviewed" means that the unit operated normally at the time of the Inspection. Proper operation of all units should be verified prior to closing. A conclusive evaluation of a Amoco beat exchanger or a boiler combustion chamber requires dismantling of the unit, including burner rernovai, and Is, therefore, beyond the scope of this Inanoetinn. W. do not mmmut nn MM wan i !.. S? Iof ..?......??`r a-- A&-_ r._- B. COOLING EQUIPMENT Una s not tested unless Ma outside tu?e is at least 60 d s for the last 24 hours. Unit Brand Type Capacity Fuel Est Age Reviewed N/A 'Comments 1 Unknown. Heat Pump. Unknown. Electric. 5-10. ? 2 ? 3 ? A unit manwd -rtieviswed- means that the unit operated normally at the time of the inspection. Proper operation of all v...?v ?..v?.v vp •i??O?NRY Wy YR Reviewed N/A 'Comments C. Ductwork (viable condition only) ? D. Boller Piping, Radiators and/or Baseboard units (visible condition, insulation may hide defects) ? E. Misc. Heating & Codi : ? F. Other. ? Comments ' items marked 'Comments' usually require atNnton - See Report Esplana/ions ADDITIONAL HEATING OR COOLING COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only if needed. All heatita txri6 should be oofeasionalN serviced Dft to the start d each heeling samat to me Main efFiclency and for personal sefety. Air conoRromg units ShWd be proresstonally serviced prior to ths start of each coding season for beat Perfer'mance and exterior compressor units should be left uncovered in the wnler months to avoid excess moisture buld-up and premature corrosion. Any space heaters present in the building should aAvays be operated h fWl accordance with the manuAacturWs recommended procedures and safety precautions to prevent oxygen depletion and possible build-W of carbon monoxide. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Pape Revised Copyright 2005 The Brk*Kx ker Property inspection Report 12 10 sung ?ni EMMOS N FOUMT19N 4k4 Foundation Type(s): Basement. Foundation Moisture Indications: None located. Reviewed N/A Comments A. Floor(s): Basement: Concrete. ? Floor Moisture: Basemen: Dry. B. Ccumn(s): Steel. (Inspected on where vWbb) ? C. Beam(s): Steel. (Inspected only where visible) ? D. Floor Joists: Solid Wood. (Inspected only where vWb1s) ? E. Sub-Fbom : Not Visible: Hidden insulation. (Inspected ony where Y&bb) ? F. Foundation Material: Concrete Block. Access and visibility of the foundation walls were typical. ? Foundation walk were dry at the time of the inspection. Most foundation walls will have some amount d typical cracking. Cracking that is beyond "typicer, will usually be discussed in the comments below. Every crack or opening in the foundation wag (or floor) is a potandal source for moisture entry. G. Foundation Ventilation: Windows. H. Floor Drains: Present. ? 1. Other: ? For full knowledge of wader penetration or seepage we strongly recommend you check with the current owner. Every Basement/Crawl Space has potential for water entry. There is no assurance/guarantee it will not occur. Comments ' Ibmrs msrked'Commants'uswgr nquim ddenOw - See Report Spla sums X. A Cracks were observed thet are common to this type of construction. These are usually cosmetic and may be repaired as desired, however, monitoring of all packing for possible seepage or movement is recommended- X. F One or more foundation cracks were observed that appear to have been repaired. current owner as to the nature of the repairs. One or more areas of possible structural movement of the foundation wal"s) were qualified contractor is recommended. Recommend checking with the noted. Further evaluation by a Proper wader control reduces or elino'natea water infiltration and provides for Its mmoval. ADDITIONAL FOUNDATION COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only I needed. Only the readily visible portions of the foundation and structure were observed. Foundation surfaces that are hidden behind finishes cannot be observed by the inspector. Defects may be presenrt at hidden foundation areas that could allow water infiltration or may have been caused by structural movement. Some foundation cracking is typical of settlement and/or shrinkage and does not usually indicate a structural deficiency. viz i ivenon Ka. Pape Revised Copyright 2005 The Brk*rx or Property inspection Report 13 Mechanicsburg, PA. 07/01/2009. 11 is--JLreeirsl Elements M AMC Method of Observation Bedroom, Closet, (Viewed from hatch) Ac cesWiisibiity: Attic areas were not fully accessible for observation. Reviewed N/A Comments A. Water Penetration: None Noted. B. Venting of Attic (mectmanical and passive) ? C Insulation: Thickness in inches: 10-12. Material: Fiberglass. ? D. Roof Framing: Joists a Rafters. ? E. Roof Sheathing: Plywood. ? F. Other: ? Comments • Items merlced'Comnw ts' usuray reguln d6nlon - See Report E>¢?Ianalons XI. B Adding ventilation would appear to benefit the attic space(s). Suggest referring to Attic Section in the Home Maintenance and Reference section of your inspection report binder for guidelines. ADDITIONAL ATTIC COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be indduded only I needed. GENERAL PROPERTY CIRCUMSTANCES This inspection has focused on the major elements of the property. As noted, some items are only sample tested or partially reviewed. Additlonaly, this inspection may have been impeded by limited accessibility, especially in occupied homes. Therefore, please do not expect that every defect will be reported. Clients might anticipate and budget an amount not Ins than $10001.60 to corer unforeseen and undiscovered defects andfor minor repairs. This inspection does not deternine whether proper building perm * have been obtained for work performed at this property prior to this inspection. We recommend that the client inquire with the current owner and the local building department as to the disposition of building permits, If any ware required. 1 vi [ 1 ivenon Kd. Page Revised Copyright 2005 The Brk*Kicker Property Inspection Report 14 Mechanicsburg, PA. 07/'01/2009. 12 PNOME INSPECTION Q0... #t 9?? ;f 'T lit k# Congratulations on your Home Purchase! This report is presented to you by "The BrickKicker" The Home Inspection Company America Trusts Property Address: City/State: Date: /f ?XiY,?}jYlr! .nr 440 Co visit us at www.BrickK!cker.com Cop?right2005 The BriCkKkker P h R raPertY 8pec?ion sport PWONlwm Mil PNOTOS Lc C IF- Cut bade vegetation. Missing window well covers. -- m Paint failure. guest bath sink. 1012 Tiverton Rd. Copyright 2005 The Brick Kick et Property inspection Report 18 Mechanicsburg, PA 0710112009. pmemMim MITI PNOTOS 1012 Tiverton Rd. Mechanicsburg, PA. 07!012009. Copyright 2005 The Brick Kicker Property Inspection Report 19 EXHIBIT E 23 EXHIBIT E 24 ?n j n? j 11 a or, ac.c.1)1Fq9;dd CRC PAGE 02/02 Wood Destroying Insect Inspection Report Notice: Please read important consumer information on page 2. Section 1. General Information CO P Y'S Business Lic. No. ,// 0? 11ll Date oLlns e ion 71 6) 7 Inspection Company, Address 8 Phone _ + jj JJ M;4, b-2 o'er lens Address of Property Inspected or Lie. N icalion, Registration af In ecctor's ameAignalluure & Cer ,%Pre(s) Inspected 1 , r ic 0 c ? f -). 0J i Section II, Inspection Inge This report is indicatee of the condition of the above identified structure(s) on the date of inspection and is not to be construed as a guarantee or warranty against Ietent, concealed, or future infestations or defects. Based on a careful visual inspection of the readily accessible areas of the structure(s) inspected: A. No visible evidence of wood destroying insects was observed, ? B. Vlalble evidenc?yof wood destroying insects was observed as follows; p 1. Live insects (description and location): ? 2. Dead insects, insect parts, frays, shelter tubes. exit holes, or staining (description and location); ? 3. Visible damage from wood destroying insects was noted as follows (description and location), iYOTE This is not a structwa! dameoe Wvd. It box B above Is chocked, It should be understood that some degree of damage, Including hidden damage, may be present. it any questions arise regarding damage indicated by this repon, it is recommended that the buyer or any interested parties contact a qualified structural professional to determine the extent of damage and the need for repairs. Ye's? Nol5f- It appears that the structure(s) or a portion thereof may have been previously treated, Visible evidence of possible previous treatment: The inspecting company esn give no assurances with regard to work done by other companies. The company that performed the treatment should be contacted for information on treatment and any warranty or service agreement which may be in place. S on 111. Recommendations o treatment recommended: (Explain 0 Box B in Section 11 if; checked) ? Recommend treatment for the control of: .section IV. Obstruetlons and Inaccessible Areas The o may write out obstruction. or usse e the the fof lowing optional May: The following areas of the structure(s) inspected were obstructed or inaccessible: t -? ? B 1. FIved ailing 13. Only visual soceaa hi d t d di l i asemen - s ac con 2. Stlsperx ng 14. C uttere on t ? C?8wlspaee 3. Fixed vw1 covering 15. Standing water ? Main Level A. Floor covering 16. Dense vegetstbn Attic ? 5, Insulation 17. Exterior gluing hOAn lM O 6 l 1a C ll VA ? Garage il r s g covers . s . a ndow we Stored items 19 Wood Pile 7 ? Exterior , . 6.Fuml.qhIngs 20.Snav ? Porch e. Applllmcss 21. Unsafe condldons ? dhi 10. No soaaaa or entry 22. Rigid foam board 1 # d i th i on 'Wother k AF rt e 1. t excess 23. Syn et c stucco 12. No acoesc beneath 24. Duq work, plvmbing. an r wirno art of the report) al Comments and Attachments (these are an integral Additio cti S V p e on . n Ait- f Attachments Signature of Seller(s) or ner(s) it refinancing. Seller Signature of Buyer. The undersigned hereby acknowledges acknowledges that all informer g- D,I, infestation, damage, receipt of a copy of both page 1 and page 2 of this report and repair. and treatment btd t•r cased to she-Dryer.-? underotende the information reposed. X NPMA-33lerotreal020lKtwttsnslPastsee1.gwMdARMdalfan,AartgwPwvwa.me-Pii7dlKlfona1MpcormIrapemAindWW' W*W"Ors"P.mdealonaNPMA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-l)F;.iCF Sheriff 4tt,til;` ti{ 1.:.1 tf;lJrr r H.)? 7 HE PFr l rl?I 100' RY Jody S Smith¢ Chief Deputy 2010 FEB I 1 AM 9.33 Edward L Schorpp Solicitor \l Jerry A. Kuhlman, II vs. Case Number 1st Ballot Properties, LLC, d/b/a The BrickKicker Home Inspections 2010-828 SHERIFF'S RETURN OF SERVICE 02/04/2010 11:13 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1113 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: 1st Ballot Properties, LLC d/b/a The BrickKicker Home Inspections, by making known unto Matthew Kennedy, Owner of 1st BAllot Properties, LLC d/b/a The BrickKicker Home Inspections at 3920 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/04/2010 11:13 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1113 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew Kennedy, by making known unto himself personally, at 3920 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/04/2010 09:51 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 0951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: 1 st Advantage Realty, Inc. d/b/a Re/Max 1 st Advantage, by making known unto Vickie Rynard, Receptionist at 1 st Advantage Realty, Inc. d/b/a Re/Max 1 st Advantage at 6375 Mercury Drive, Suite 101, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/04/2010 09:51 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 0951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna Fleetwood, by making known unto Vickie Rynard, Receptionist at 1st Advantage Realty, Inc. d/b/a Re/Max 1st Advantage at 6375 Mercury Drive, Suite 101, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Matthew Plank, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Matthew Plank. Request for service at 717 Market Street, Lemoyne, PA 17043 is a shopping commons, and no one has heard of the defendant Matthew Plank. SHERIFF COST: $134.34 SO AN ERS, February 08, 2010 gOY R ANDERSON, SHERIFF B y -?'J2 Dep y Sher' f (cj C0WTy5+u4(1 S ,.nff. Te!^soii. li:c- O'CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Our File No. 992-0110 JERRY A. KUHLMAN, 11 AND JAMIE KUHLMAN, Husband and Wife V. BRIAN E. NEFF AND GEORGETTE R. NEFF Husband and Wife, MATTHEW KENNEDY, Adult Individual, I" BALLOT PROPERTIES, LLC, d/b/a THE BRICKKICKER HOME INSPECTIONS, MATTHEW PLANK, ADULT INDIVIDUAL, IST ADVANTAGE REALTY, INC. D/B/A RE/MAX I ST ADVANTAGE AND DONNA FLEETWOOD Attorney for Defendants, V Advantage Realty, Inc. d/b/a Re/Max V Advantage and Donna Fleetwood COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -LAW cs a J CO C n1 ti } ^ = ., c NO. 10-828 `' .... 7 ?? c tea crn < ENTRY OF APPEARANCE DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, 1" Advantage Realty, Inc. d/b/a Re/Max 1" Advantage and Donna Fleetwood, in the above-captioned matter. A jury of twelve (12) members is hereby demanded. O'CONNOR KIMBALL LLP By: J f' :4A Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants, 1 s' Advantage Realty, Inc. d/b/a Re/Max 1 s` Advantage and Donna Fleetwood O'CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Our File No. 992-0110 JERRY A. KUHLMAN, II AND JAMIE KUHLMAN, Husband and Wife V. BRIAN E. NEFF AND GEORGETTE R. NEFF Husband and Wife, MATTHEW KENNEDY, Adult Individual, I" BALLOT PROPERTIES, LLC, d/b/a THE BRICKKICKER HOME INSPECTIONS, MATTHEW PLANK, ADULT INDIVIDUAL, 1sT ADVANTAGE REALTY, INC. D/B/A RE/MAX I ST ADVANTAGE AND DONNA FLEETWOOD Attorney for Defendants, 1St Advantage Realty, Inc. d/b/a Re/Max V Advantage and Donna Fleetwood COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 10-828 CERTIFICATE OF SERVICE I, Glen D. Kimball, Esquire, hereby certify that a true and correct copy of the within Entry of Appearance and Jury Demand was served this day upon the following by U.S. First Class Mail, postage pre-paid: Robert M. Walker, Esquire Law Offices of Robert M. Walker, LLC 3461 Market Street, Suite 103 Camp Hill, PA 17011 Attorney for Plaintiffs 1St Ballot Properties, LLC d/b/a The BrickKicker Home Inspections 3920 Market Street Camp Hill, PA 17011 Unrepresented Defendant Brian E. Neff and Georgette R. Neff, h/w 8579 Tourmaline Boulevard Boynton Beach, Florida Unrepresented Defendants Matthew Plank Naturzone Pest Control 717 Market Street Lemoyne, PA 17043 Unrepresented Defendant Matthew Kennedy 3920 Market Street Camp Hill, PA 17011 Unrepresented Defendant O'CONNOR KIMBALL LLP By: A 0,17/- Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants, T" Advantage Realty, Inc. d/b/a Re/Max I" Advantage and Donna Fleetwood Date: February 9, 2010 Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy, P.C. By: Joseph W. Denneler, Esquire Attorney for Defendant Identification Number : 83088 1St Ballot Propeties, LLC, d/b/a 1818 Market Street, 13th Floor The Brickkicker Home Inspections Philadelphia, PA 19102 Phone: 215-569-2800 Fax: 267-765-9682 jwdenneler@zarwin.com JERRY A. KUHLMAN, II and COURT OF COMMON PLEAS JAMIE KUHLMAN CUMBERLAND COUNTY Plaintiff V. NO. 2010-828 1St BALLOT PROPERTIES, LLC, d/b/a The BRICKKICKER HOME a INSPECTIONS, NATURZONE PEST p CONTROL, 1st ADVANTAGE REALTY: J INC., d/b/a REMAX 1 St ADVANTAGE, : ;Fn DONNA FLEETWOOD, BRIAN E. a NEFF and GEORGETTE R. NEFF = r <i Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned case on behalf of Defendant, 1 ST Ballot Properties, LLC, d/b/a The Brickkicker Home Inspections. JURY DEMAND Defendant, 1sT Ballot Properties, LLC, d/b/a The Brickkicker Home Inspection, by their undersigned attorney, hereby requests a trial by a jury of twelve members. ZARWIN, BAU a ITO, KAPLAN, SCHAER & T DY, C. BY: z7 JO PH W . N LER, ESQUIRE Attrney I endant, 1St BaIIot erties, LLC, d/b/a The Bri 'cker Home Inspections DATE: q 1/0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE -4)Fr'Q Sheriff ')F TNFE MOT HONOTMY a"?itr ui Luinbrfr??,? Jody S Smith 2010 MAR -3 AM 11:23 Chief Deputy ;ztq .r Edward L Schorpp CUMIN Solicitor "S" L.AIIIIA Jerry A. Kuhlman, II (et al.) Case Number vs. 2010-828 1st Ballot Properties, LLC, d/b/a The BrickKicker Home Inspections (et al.) SHERIFF'S RETURN OF SERVICE 02/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Matthew Plank, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Matthew Plank. Request for service at 792 Brentwater Road, Camp Hill, PA 17011 is the location of a business Matthew Plank bought from Caulette Underklsler. Current residents advised Deputies Matthew Plank has never resided at 792 Brentwater Road, Camp Hill, PA 17011. SHERIFF COST: $46.94 February 25, 2010 SO ANDERSON, SHERIFF (cj countySulte She nd, Teieosoft, Inc. Fil.£[ -Off,CE ")F THE PPO'+ -';;1,10TAPY REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 Email: TWilliamsgRea eg rAdlerPC.com By: Wayne S. Martin, Esquire Attorney I.D. No. 208078 Email: WMartin(&Rea eg rAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brian E. Neff and Georgette R. Neff 2010 MAR -8 P 3: 26 CUM????NTY JERRY A. KUHLMAN, II and IN THE COURT OF COMMON PLEAS JAMIE KUHLMAN, Husband and Wife CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-828 BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, 1St BALLOT PROPERTIES, LLC d/b/a THE BRICKKICKER HOME INSPECTIONS: MATTHEW PLANK, 1St ADVANTAGE REALTY, INC. d/b/a RE/MAX 1 s' ADVANTAGE and DONNA FLEETWOOD ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance and the appearance of Wayne S. Martin, Esquire of the law firm of Reager & Adler, P.C. as attorneys for Defendants Brian E. Neff and Georgette R. Neff in the above-captioned action. Dated: March 8, 2010 Respectfully submitted, REAGER & ADLEReP:C. Th6mas O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 REAGER & ADLER, P.C. By: Thomas O. Williams, Esquire Attorney I.D. No. 67987 By: Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Brian E. Neff and Georgette R. Neff JERRY A. KUHLMAN, II and JAMIE KUHLMAN, Husband and Wife V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, 1St BALLOT PROPERTIES, LLC d/b/a THE BRICKKICKER HOME INSPECTIONS: MATTHEW PLANK, 1 st ADVANTAGE REALTY, INC. d/b/a RE/MAX 1St ADVANTAGE and DONNA FLEETWOOD NO. 10-828 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Entry of Appearance was served via first class mail to the following: Robert M. Walker, Esquire Law Offices of Robert M. Walker, LLC 3461 Market Street, Suite 013 Camp Hill, PA 17011 Attorney for Plaintiffs Joseph W. Denneler, Esquire Zarwin, Baum, DeVito, Kaplan, Schaer 1818 Market Street, 13th Floor Philadelphia, PA 19102 Attorney for Defendants I s` Ballot Properties d1b/a The Brickkicker Home Inspections Glen D. Kimball, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants: I" Advantage d1b/a Re/Max; 1 Sr Advantage, and Donna Fleetwood Matthew Kennedy 3920 Market Street Camp Hill, PA 17011 Unrepresented Defendant Matthew Plank Naturzone Pest Control 717 Market Street Lemoyne, PA 17043 REAGER & ADLER, P.C. Date: March 8, 2010 homas O. Williams, Esquire Attorney I.D. No. 67987 Wayne S. Martin, Esquire Attorney I.D. No. 208078 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Plaintiffs JERRY A. KUHLMAN, II and JAMIE KUHLMAN, Husband and Wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, Adult Individual, 1ST BALLOT PROPERTIES, LLC, d/b/a The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1 ST Advantage, DONNA FLEETWOOD, Adult Individual : No. 10-828 -Civil JURY TRIAL DEMANDED 0r' Defendants AFFIDAVIT OF SERVICE Robert M. Walker, being duly sworn according to law, depose and say that Defendants Brian E. Neff and Georgette R. Neff, residents of the State of Florida, were served a true copy of the Complaint and Notice in the above-captioned matter by depositing the same in the United States mail, certified, return receipt requested pursuant to Rule 404(2) and Rule 403, by delivering the same to their residence address at 8579 Tourmaline Boulevard, Boynton Beach, Florida, 33472. A copy of the return certified mail receipt signed by Defendant Brian E. Neff is attached as Exhibit A. Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC Date: 3 116 /& Robert M. Walked Esquire i Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs EXHIBIT A M For delivery information visit ou r website at Www.usps.com? ' CC C3 00 m Postage $ PA 7) Certified Fee I ???-I o \ ?Q T7\ C3 P k C3 Return Receipt Fee $2.30 i ostmar H9? C3 (Endorsement Required) i C3 Restricted Delivery Fee (1, I Il O (Endorsement Required) M W Total Postage & Fees t7.b8 ?) m Sent To M!? 1 M/25 `? - -- ? C3 _ -- --------------------------------- -- A o rrPpt. No.; ?? ? l /,)e or PO Box No. 1W City, S, z1)44 a3tew,)-tiN . H FL 33q 71 - Form 3800, August 200b See Reverse tot instructions ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MK MJ?a ?k4 ? G. NEFF 6WD vr?-rvN -b+ FL 33-7) A Sign re ? X Addressee B. ReceivedLpy (Printed . Date of Delivery rl A. - 3 -i/- -' c? D. Is delivery address c iff from item 1? ? Yes If YES, enter delivery address below: ? No 3. Syvlce Type Certified Mail q Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7008 3230 0000 3708 5354 ()fansfer from service /abel) PS Form 3811, February 2004 Domestic Return Receipt 102,595.12-M-1540 Zarwin, Baum, Devito, Kaplan, Schaer & Toddy, P.C. By: Joseph W. Denneler, Esquire Attorney for Defendant Identification Number : 83088 15` Ballot Properties, LLC, d/b/a 1818 Market Street, 13`h Floor The Brickkicker Home Inspections Philadelphia, PA 19102 Phone: 215-569-2800 Fax: 267-765-9682 jwdenneler(a~zarwin.com JERRY A. KUHLMAN, II and JAMIE KUHLMAN Plaintiff v. ls` BALLOT PROPERTIES, LLC, d/b/a The BRICKKICKER HOME INSPECTIONS, MATTHEW PLANK, NATURZONE PEST CONTROL, ls` ADVANTAGE REALTY, INC. d/b/a REMAX ls` ADVANTAGE, DONNA FLEETWOOD, BRIAN E. NEFF and GEORGETTE R. NEFF Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2010-828 ~? ~ ~=: _ ~ ~ -„ '' ..f.. ,'T.1 __ -.~ . __ ; ~,; . t~~ -~ r ri U, "~ u ~ ~-~ PRAECIPE TO ATTACH TO THE PROTHONOTARY: Kindly attach Exhibit A and Exhibit B which were inadvertently omitted for Defendants' Amended Answer with New Matter to Plaintiffs' Complaint previously filed with the Court. ZARWIN, BAi SCHAER & BY: DY, P,IC. KAPLAN, JOSEP ttor 1St B t Th ric DE ELER, QUI: or De ndan Prop rti LC, d/b/a ckic ome Inspections DATE: ~1 3 /l D 1[LSCh~ION ~ ~ 6>",~dfl9~G~l, arp cswst.ssar^;cEs h Is our untleWteratllrrp enn ep[e¢ment That this inepommn o (a) Ilmrted in .rnnpa, (b) not a 8ullding fade tom l na.perr a! ma dnrumens sNentlan the(acaompanlap atmry Insperdan rEpptt prepared by the Inspenli< pGenne inepedbn, and (o) ~6ainglwas eantlur,.tetl u+ anmmance wlm all sonditlons end prnvleione 14vtad bare nr I Company, mare wll ha a miarenne to the mvhmrmremrd end eatery cnncems of Lead, /LV6aslaa, Radr on the revamp ofihls page and are» part of enn inr7uded vMh this Prapeny Irtspernmn fznpnn. Gaa, Cerban idenoylde, Mdltlx antl kipdew. AahoupN testing. nr inepecting fm any of the ehrrve aervla I ~ is nm/and the anope of foe SMndarC HomelEujitling Ineper:;ian, The lnspacUan Company may nber ter Tnrc ~.ptipr{R61lp'WGf akn{~re!pluc~ I ing or fnspgLllnne of fha fotowing elemema for en atldltanal charyo indepenAent of rho Stanch; fie Standard HomefpuUEing Insp¢rdhrn ("Standard Inspemton") is a visual, nnminvaeWe examination of Iha ~ I Hnme„Bolding Inspentinn. SeNifas accepted am priced Uelow: assenltet eMemal and irdgmal shuolurel nompnnertfs, readlN aacesaMe headng, pooling, eledtrioal and plump- I I ~ Rstlon ~ ,~ mg systems di Iha builtllrrg as defined under the standards and scope for home inspgrlians aatenfisheU by the I l AmerLmn Sxlely of Hnma InaoectofS tASlil) or Ihn Madonai Assoniadon ni Hnma Inspartnrs (NRIiq. 71re I 'I Termfto ~~ T_T StaMeN Inspeatlnn {s perfommd by a gartemtst who wut mpnntlra rendillons and symptoms absented, but net ~ I {~' ~ ------------- rhe cause nr ronedy. i i . L'y Ofhar- ~------- -- I In Ih¢ Blandard lnsRandon ma inspsMar ~I: observe (hr slRlmurel rAmponanls df the Hausa anA gsregn, wall ,l medaing and mm, reefing, flashmg, animnsy exterbr, decks and batcanlas. Tha inspector vdll operate perms- I nendyinstdled haahng systems uaing nwmel oonhals, me reMral eoding syetnm vrnen wa~ther pannlts, pmmb- Irtg flxmros, 4uIINn appllanrm antl a mprrsanrelluP numter W elaetncel aullMe, dears, an<I wlndpwa. The i inspeeror wla else generate a Prnpeny Insp¢dion Repnr, addrecslnp thorn Items covered by the Standard mspectlnn. I, In mn Slannarcl lnsp•.cson thalnapecinr ){~itppY. remnvr Onar or well covenngs, move funlimm ar stored Itnme, opnn wal4s nr pWorm anq type M dpalrucnve IESling. The Inspeclnr will net dlemenfl+; equipment, nperale shul- nrf velvac, engage pilot fights or inspect systems that have nEnn shut down, AtlradoneNy, the lrapentor will nnl Inspect Itans tnancessible beneuee of sNl, vageielion, wells, floprs, Carpals, lumishngs of housahnlA halang-~ ings, water, ice, snow, nr Mnar aantltsona thm wnWtl ne a Uertpar to the Inepestor. The Irfspemnr will not mnder an opinion or generate a Praperry Inspeellon h'apoA adtlraetsirtg lhnae hrnts that are 6ayand the sropaM mE ~, insperllnn. rNE r^etup~~revpr~yQdE / 9srlLp~y~ppP6GTtol: The Camprehofnlve Hnmsf9dfldinp Mspeadon ("COmpmllenAWa {nspentinn^) ie grttlaa[ed by a team of profaa-1 slnnele,requlroa epproxlmslely.elght hours m complala and requires a racoon day vi91f. A C.amprah4mNVe f Irrspeaton will autamsfiaasy regdiro s aevnn to.ten dxy lead rime, The Cnmprahensive InepEddnn cnvera rNl the . akmems df the 91aMard mspacUOn and addlgrnally inGUtlea: elaCric tbra+lt IaaU srrelysf I r'' Other 'Fetal 6mtironmgntal and Addkienal Sarytcast rp f] Anaepted veldt Client's pr Giam Agent's {ntUafs: _ moil tarA:41GnT,~1,LLitb The Inapeedon rEWtae the aondkiondf the propenyAT TktE TlW1E Etf THE INSPEC'pUD4 ObILV end is nr. a su4gUtute for the GIEdiW repprarelhNHy to pMOrtn a complete And fhorpugh pre^eENMmen walk-Ihraugh, A nanWtA1au911vg ~Aael wa&gnmu~l ahadrlttl is provided aE parl o(tn¢ Inapecgm liEpnr dnauments tdr the Gism's ilea. The InspetllEn Eeptpany aecepls no reapansiMlly fbr the float walk rhmuyh untesn Iha Inapmton Cnmppny pnrfarms the Hnafwalk•Ihralph. Aflnal wviikdhrough may nc pnr fnmieA by fire InapecUan Company, m me Cllnnt's raqueat, and afranpeU for an sddlilnnal fie to hr tlesrnned in q spree shove. votume.anelyais, in^depm ~Inspedign (whiph requires tllsmenHln of fumarm, s, tear .isVlhudan by ~ ~ LI)7LTATIfla9.f_4{gE.dYR atCpEOTpaNcWEASr r n 01 bdlbm, hear pumps, rentrel a'a i fin Inspadtlon Rntltngs any repomng~-- gpdf~u6pj r~datvd otgdeaadhsd above are psrtprmac candlrinnem. dWII491roinryutle: heat lass surveys, olden rnma of mom sewer lme,gand chimneys, and tpl nper~ ~ ~ and praparaA Porfha aanfltlaplisl antl euslusive use antl poaeeaslon of Iha Cllsm and are Nf]T imender, anenal resfigg of windawe, dooa, aleaMael arUEts, switches antl flxNra,. The'Gompmhensive InspanLpn is mnch.mwe eostly then file 9tamdard~lnspatllan (x mlrumum $3,5gD (eevAlfpe dhargsd) and requvea Iha Clfenl's f ~ lr.,Pr~ rpsdlLS shauldf tre dxly rl u ht>maIDtIIPoIAg ryellhar the InspeaHnn flmilffgg, any~reporltrr~ m exeradlon Ka srparate mmlem rN9Unnctrom This dnnfieri. i inspeminn fr.: 53,50p,p© minimum (this ran/re mu„ 6n rx:hedulEd uparalnfy.) AGGBPT~lnacF arp swc areurus.n "~..~ ~_:.^~ iLp~ Sy virtue of ypur marked arraplanoe and indiels below, you acknowledge the fallowing: • You undemrand the tliRomnce hetwMn ~me 9txnrlard Ylnmel9uiltling InspedFnn and thn Cnmprehnnsnre Home/Sulitling inspetlian; You undetsrand Ihet the Comprehensive ; lomelaulltlinq Inspemlmr is mare costly than fha ;itan[IeM ! Hnmg/BUiltling Ireperfinn; xnQ • Ynu agree Ihel the inspecnan yon are connarting for is !fie SkndaM HnmeU3ulltling Inspeminn, and not thr, I CampmhansBre FlomalHulding Insprrfion. Zg~ j ' SuhJecr to insperlnr'=. on-site rnvlew y11SpeG#y46~p fe'E"~ ~ ~___ ..____ _- j ~ Aeceptad with Client`s nr CgentAgenPa Irdt{ais: __ ----- ___.. I I . _.... i.. .. .__ - __.. _ _.. .. .... --- _. f f understand this inspecdpn is betnq condarq'ed splply for my purposes and use antl rx opt tcansfara acknowledge my resppn~bihly to thomu M ro d pnn andlar used to make daNslarts as In whether nr nrrt U1e ~ hnmaPodlldingshaa!tlarahaufdnatbapurd)aged.Tbelnspacllanflntlings,anyreponingorteslmgrEaults era ffie sole pmparh~ niche Client and am rotlreASfHaWa m any dlherparty, tJhdasutx: Ti+E 9dbr may br. regrAretl to ~dt¢tlaaa Dertain trouts fo fha, adygn Ntylaeues pmviW9ly diaGgapA ShoWtl 69 rnnSlderon 11y Ihe.~4uyar and cnmmunirmed 1n 2he Inspeptinn Company prior to Ihg abpve services berry penormad. f ' '-_._...._ . _.... . _.._.. ~'fat~A ~~e - AEI Serw~c~s !I I- _. II"'I I 4 g y a and carEfiilfy interpret the 6tspepifnn roprtrt and ifs ecnnmpanylrlq mpteNai. AdrNGonaily,s a hpdape~uppn regrsst, dipsnbuiryement of lira inaper.! I don report and any acermtpanyirtg materials pr dornmenta to those pardas dngigna ed as my ay, enf or representative pertaining to the transactdn assodiated with this atltlress. Addrersnflnspect+bn --,~_._, _ /+ _ any 9deta '----_. ------ `I/ Zip _ X ~J ,~-a, Zt~ .Slgnsiure -~------F-- ~, _ ~ b~c L h1AplJ C ~ ~ I " t ~`b~. i he BrirkKicker, hy: -_.~ " tom' 1"~- ~•~y-.-v~. l ~ r ~~}{ ~ ~~ r -- pat ~ ~ 1 . ------------- -- L Cc>~w. - ~ l ~ 1 U~ C t.tVufrS~? AgerlP/inns a -'------______-.--__-- p pl`or C]~ w.....-,.~,_, .,, Dale L' ~ ~ v'~ ,. ._.,_....._ ,,._ .,n ~ LO@ 1 N C 2 _.._ _....,_.._ E csl,G {z~a a _ C. r 1 Vlfi{h paytment of tt{e in'spedRion fee as co{{siderattan, the Gllerxt, tluhose signs#trr®appsaTa an 4drirs aortTrac! {"'~lSetnt^) and The y~rfclcl£iaker! ~n Begot Properties ("Inspection Company"y agFee to the Yu{{ and eamp{ste acceptance of the fdilaviing Gontrat:t Prcavis{ons and Conditions (sec reverse side). .~'r9e ~,~~"A, ~IF CIF ~'d'hi'~ m~'_.% Pal'Y,a',~2 ~.E 1 __._.. _____. __.__. _-~ This InApection (a) ie Gmlbd to the nwjw systems of Ma brdWkrg and improvemanla, (b) renders ony Me opinion of Ma Inspector and (c) k booed upon items rsadYy acosssible aM observable, This inspection k essemieYy visual, not feduriceYy exheuaGve and, in some indences, only provides fa sample UeNng. II does not impty that every dated vhY be dfsmveratl. The Gienl agrees to erxxpt ell dales that are concealed from view, InaccesdNe to the inspector at Ume of Inspection, or axakded Irom Inspection by the terms and conditlons of this agreement. This contract does rid inducts wNhln Its scope any of the buYtling's systems, stiudures, or components which ere inaccessible, concealed from view, or whldi cannot be Inspected due to Grcumstances beyond the connd of Inspector. II is understood Me inspectWr wYl not perform Invasive testing or exeminelions, or move NmiNro a fixtures In ortlar to conduct the kspedmn. 2. This Property Inspecion Report redtes symptoms observed, but does not condudvely establish the cause of any such symptom ar detect; such rouse(s) can Doty be determined by further ddalletl invesUgatlon. IT IS FULLY UNDERSTOOD AND RGREED that any such invesegedon and det0mdnaNon rs beyond the scope of Mla Inspection. 3. The Giant acknowledges That ohservetions communicated to the CNenl during the course of Me inspection, a findings mduded in the Property Inspection Report, which may be outside Me scope of the Standard HomelBuYding Inspection, ere not to be coneWetl to establish a standard or Imply en expanded scope of Me inspectlon. Any such abservafions or Gndinga are okered merely es additional Information. 4 The Cllem eelmrxNedgea what is Oeing rnnlrected for ie a bulWing inspedwn and rid an environmental avaluelion end the Inepeutiorr 75 not Idendad to detect, Identify, alert, or dlsdose any beakh or erwUanmental concerns regerdMg Ma building(s) andlor adjacent propedy, Inducting, bit not linked to, Me presence d asbestos, redon, lead, urea formddehyde, Nngi, mold, conditions related fm mold, bio~o~ganic growM, conditlons related to ani- mals, redants, Inueds, wood-0esboying invests or organisms, pathogenic orgeNSma, PCB's, or any other toxic metedals or substances wntained in the water, sic ^oAs, or buiWirtg maledals or products. All of the fpegoing items are outside Me scope of the services provided under this conuad, unless otherwise agreed to in wilting. and signed by troth parties. 5. The Giant uMerslends end agrees that i[ would be eztremdy d1UcWl b detemllne the actual damages that may result from ~en inspector's faYure to propery perform duties under 1Ns confrecl As such, it is agreed that MB llahtiy of the Inspecton Company adskg oct d Ws Inepeutian and aubsequenl Property Inspedbn Report strati be Ymited to edud damages, or equd to tits inspectlon tea dtetged, whchever la tees. ff IS AGREED THAT THIS IS AN A6EQURTE LIQUIDATED DRMAGE AND IS kY NO WAY INTENDED AS A PENALTY, ADMISSION OF NEGLIGENCE OR DEFAULT SETTLEMENT. THE G.IEIYT UNDERSTANDS RND AGREES THAT ACTUAL DRMAGES, OR EQUAL TO THE INSPECTION FEE PAID, WHICHEVER IS LESS, I5 THE CLIENT'S SOLE AND EXCLUSIVE REMEDY NO tvfATTFJt THE THEORY OF LIABILITY UPON WHICH THE CLIENT SEEKS RECOVERY. Moreover, as a condltbn pecedem to pursuing any daim against the Mspedion Company adsing out of Mils Inspection or subsequent Property Inspection Report, no matter the theory of liability, the Client mull first proNde whiten notice of the defm to Me Inspection Company wiMm 90 days fmm the date of the inspedbn or 30 days after taking possession of the properly, whichever is later. Inspection Company must be agowetl to reinspect the subject property to investigate the claim, BEFORE RNY REPAIRS ARE MADE, except in an emergency, prior to any roadving action. THE CLIENT UNDERSTANDS AND AGREES THAT FAILURE TO GIVE SUCH NOTICE OR OPPORTUNITY TO REINSPECT AS STATED ABOVE SHALL CONSTITUTE A WAVER OF ANY AND ALL SUCH CLAIMS. 6. Any dispute. conooversy, interyretetion or deim tor, but not Nmited to, breach of contract, any form of negligence, freud or misrepresenlation or any ober theory of IieiWity arising out of, from or rdated to this contract, me Inspection or inspedlon report shad be subMtted to float and binding arbitratlon under Rules and Rocedures of the Expedited ArdMatlon of Home Inspection Disputes of ConsWctlon Albilretlon Services, Inn. The dedsion of Me arbitrator appdnted thereunder shag be binding and judgment on Me Award may be entered In any snort o1 competent juNadictlm,The Gientlurlher agrees Mal should the Cleat bdng such action against the inepectlm Company, the CUent shall be responside tar aY aasadatetl urods, teasrnlelYe attixney fees and lnsurence polcy dedudibe az6lgnmente Incumetl by the Inspectlon Company in the defense d Me same stloukl UHS Inspection Company be kuntl to be Me preveWrg party N Me lawsuit or any other actlon. If ra arhitratlon proeeeding is fnifieled by ekher petty within one year d the date d the Inspection repad, Me tekure to initidle Ule adklraUOn proceeding wN be considered condusNe evidence that Me parties era sefisfied Mat each Fuss propedy performed thetr odipetlons under this agreement and any further action is deemed waived and forever bared. 7. AnytNng a/ Me contrary notwitlurending, paymehl d the inspection foe within ten (10) days pF the Irugractlon is a condition precedent to any right or interest in Me insprrdion, or the Property Inspection Report, and ro eN daims for rdleL radresa, a damages against Me Inspection Company. 8. No representations or wamdnUea have been made concerning Me property's eonfortnance wfM eppli0able government puRding codes or The Cornprehenslve Environmental Response CompanseUOn and uabWry Ad 1 BBO ('CERCLA7, az amended, pertaining to environmental herards. It is agreed Mat the inspector will not, as part of lids Inspecton, detemdne compfance wIM instaUetbn guidelines, conelrudkn darumanls, mxlufacturors' spedfx:etlons, buWing sodas, local ardlrlandea, zoning regtdetlans, wvenants, oroUer mstdddons, inducting local lntegvetations ttlefepf. The lrrspeGlon Company oRtvs no guarenleeorwamamy, whether ezpreuwlmptled. as to Me fuNre condition d Me subject property. TWE INSPECTION COMPANY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESSED ANDlOR IMPLIED WARRANTIES PERTAINING TO THE PROPERTY'S MER• CHANTABILtTV ANDIOR FITNESS FOR A PARTICULAR PURPOSE, The Inapedbn Company Is not an insurer end Me Giem wile obtain from en inswu any insurance Me Giant deslras. The amount Me Client pays to Me Inepeedon Company ie based entirdy upon Me services performed by Me Inspecian Company aril Me Iimked tiabipty assumed by the InspeWon Company pursuant to This conUacl is unrelated fo the value d the property or the property of others Wcated In Me premises: In Me event of soy loan or Injury to person or property, Me CNect agrees to look azdueively to the Glents' insurer b recover any damages. The Cllen! waives ale subrogation andfor other rights of recovery against the Inepedlan Company that any insurer or other person may have as a rerun of psymg any ctaim for loss or Injury to person or property. 9. H soy provlabn of Mls rmntrad shall for any reason be hdd invalid or unenforceede (except for the payment provision conWned herein), such invaiidlty or unenforeeabiliry shall not aflec Me dher provisions of the sro>f tract, and Me conlreU still be construed as If such Invalid or enforceade proNSlon bed never been coMelned in the contract. Tban are many syxca PerNlnltlg ro the elsndUlon, h/naQon and opentlon o/bulldlnps end PAW #halyo bayprrd the ahIrN1Ar11 hemAy buadblq lMpAe7pn scpps ead~ProulhsA. T~'Pkldly~ tlrAAa ekmeDb nquiro aervkaa Of apeelallsb who use fltytfh'aptleglhed egWpmenl or praPosebrWe such ore: anylntlefa, attorneys, retlearchers a dkgrwe6elans. ND Uaf wUl ever MrnmpNh but fha /fAms hiphllphfed below sews as a putlal~Usl of thine items beyond fire wpaelly of our IYOdf: Code ur mdng vidalkns Permk research Property measurement and surveys Boundades, easements or tight o1 way Conditions of title Value appraisals Proximity ro environmental natards of any end ell kinds Noise ! interference sladt ore: alrpkne routes w reikaad vacks NelghbodwOd or kmltodal flood oondiUons Sol an0 pedoglcel~coMMons d any Itind WeY water syakms indud4lg quaYty and quantity Underprwnd sewer Ilrlee erdlor waste disposal systems Boded plpYrg a tkectric wking Gtdems, underground storage tanks Fountains, tke tiN, barbecues Lawn and lendscaprrg Unatteehed bdkinpa axpept pNnsry gerege ~iE~lllCili Atlequs4y or efflclency o(heating and cooling Stier heetlng systems Radiant heatng systems Tnernastatle or dme clock controls Wakr soYteners, purlflars or Instant heating devices Steam OaMs and saunas Gas end water sharok valves indutling extedar hose spigots Budad piping Load of elecUic drWil9 wiring hidden horn view Rad'a mnhdkd devices Elevators, Yks and dumbwaiters UniqueltechniceYy canplez systems Qn.DL1~TtID~I StrucYrral lead heating capecky Analysis or souse d sWctural detects Latem or concealed defects ProbehiNty of continued shudtaei staMllly Q4NER free standing appliances Personal property Conditions perlalning to animals, pests or rodems Wood destroying insects Assessment d environmental hazards of any type Odors end noises Chid andlOr comprehensive safely assessment Fire prokdion Style, aestbetlcs or design Claws Life expedanry d syslemc or components Repair cost esVmaka Cosmetic feattxns-{+ainL watlpaper, weN covennga, goor rxwedngs, Adoring and peneing CopydgM 100$ 7/p BdceNkaer The BTItrIGKiekgr 1st Brllot Propest7ea 3920 ~ilarket St. Carnp Hill, PA 17011 Phone: (877) 54+1-5425 www. brickk icker.corn EacR BrldlrXidker pnncAlae !s I.oupy Owrsd and Openhd. G1her items not listed on the lrtapesliDn nporl. EXHIBIT "B" __ _ l ~ ~~ ~~ ~~ HOME INSPECTION ~i ~, '~ .. .._._ .. __ . .., s' r :; .~_. ~.-- ,. _ -•- _ Congratulations on your Home Purchase! This report is presented to you by "The Brick Kicker" The Home Inspection Company America Trusts Property Address: ,City/State: Date: coin~,~, visit us at www.BrickKicker.com Cogright 2005 The BricklGClcer Property hspec0m Report _~E~_ ~.' ~~~ 1 Properl]I Inspec~on neport Property Address 1012 Tiverton Rd. Cdy/State Mechanicsburg, PA. Style of Building 2 Story. Estimated Age 16 Years. Years Cfent(s) Kuhlman. Present? Yes. Owner Present? No. Others Present Not Applicable Agent/Company Lori Englebrook Century 21. ~Y Job# Date Inspected 07/01/2009. Tine 4:OOpm. Status Occupied. Inspector: Matt Kennedy. (as Agent of Corrpany) Inspector: (as Agent of Corrparry) For Office Use Only Ins. Fee Signed Code WEATHER CONDITIONS Temperah~re 80. (degrees F) and Overcast. Env. GROUND CONDITIONS Ory- REPORT EXPLANATIONS REVIEWED: All component(s) in this category appeared to be fwctiorung normally at the tme of the inspection The component(s) may show typical wear and tear. N/A: Listed componer(s) in this category were not applicable to, and therefore not included in, this inspecton. COMMENT(S): Component(s) in this category were subject to one or more commerrts as printed on each page below. Monitomg, minor maintenance, or further atienton may be suggested, as indicated in the comment(s). Further evaluation by a QUALIFIED CONTRACTOR may be recommended. Comments provided may apply only to a portion of an item or only to certain items within the ca>legory. The inspector will usually provide an explanation of this within the written commentary. CONTRACT PROVISIONS 1 a INSPECTION CONTRACT CONDITIONS 1 b BUILDING EXTERIOR Building Proper (siding, trim, porches, patios, decks, driveways, drainage, etc.) Roof (mofing materials, gutters, chimneys, skylights, flashing, etc.) Garage/Carport (roofing materials, walls, garage doors, openers, etc.) BUILDING INTERIOR Rooms (walls, ceilings, windows, doors, floors, stairways, fireplaces, etc.) Bathrooms (tubs, showers, sinks, drains, toilets, tile, etc.) Kitchen (sinks, drains, cabinets, countertops, ventilation, floor, etc.) BUILDING MECHANICAL SYSTEMS Plumbing (water piping, gas piping, water heater, flood control, etc.) Electrical (electrical panels, wiring, grounding, receptacles, GFCI's, etc.) Heating 8 Air Conditioning (furnaces, boilers, compressors, ductwork, flue pipes, etc.) BUILDING STRUCTURAL ELEMENTS 9 10 Foundation (walls, columns, beams, joists, cracks, water penetration, etc.) 11 Attic (water penetration, ventilation, insulation, framing, etc.) 12 Copyright 2x05 The BrickKidcer Properly trspection Report 1 Version 3.0 - Buildi Exterior I Building Proper Reviewed N!A 'Comments A Exterior Walls: Sidng Type(s): EIFStS nthetic Stucco, Brick & Vin I. / B. ExEerior Trim / C. Eaves, Soffits & Fascia / O. Paea(s) &Vbatkvray(s) 'j E. Deck(s), Porch(s), Balcony(s) & Radirg(s) / F. Stoop(s), Stairs, Step(s) 8 Raiing(s) / G. Orivewaf(s) / H. Exterior Doors / I. Gradng and Drano / J. Vegetation (Trees, shrubs, vines affecting the buiding) / K. Other. Window Wells. / Comments 'Items marked 'Comments' usually raqulre atkntion -See Report E~lanalions I. A EIFSfSynthetic Stucco: Exterior Insulated Finish System (EIFS): This Home Inspection is visual only. EIFS type siding has been known to allow moisture infiltration and subsequent damage to the wall gvity. A specialized inspection for EIFS type siding systems that is beyond the scope of this inspection is strongly recommended. I. B One or more areas of the trim had failing paint. Proper refinishing and caulking is recommended. I. F Masonry Stoop(s): Missing, deteriorated and/or loose mortar was observed at one or more areas. This could allow moisture infiltration and potential for damage to the brick surfaces, as well as loose bricks that could become tripping hazards. Proper tuckpointing (replacement of the loose mortar joints) is recommended. I. J Trees, shrubs and/or vines were overgrown at roof areas and around exterior of home. Recommend cutting these back to maintain at least 8 to 12 inches of dear space between the structure and any vegetation to promote proper air circulation and help prevent damage from stains, moisture and insects. I. K Window Wells: Good quality window well cover(s) are recommended to keep well areas dry, free of debris and to provide safety and security for animals and humans. Note For the purposes of identifying specific areas of fhe building, assume you are outside hacirg fhe house from the street or mad. Report references may be made to 7efY; yig/k" YronP or Tear' AOOr1TOlYAL EXfERtOR COM4REIYTS MAY BE r7iY ADtJERfDUNt PAGE A-?, which wiA be irx?uded orYy if needtid. Vegetation grading, surface drainage, acct retaining Ovals aze reviewed whack any of these items may potentially adversely affect the bkelding. Siding and/or structural defects may be hidden behind dense foliage, vines, snav, stored items, debris or finishes and can not be inducted with this inspection. Areas that visually appear to be deterarated may be probed, if accessible. Additanal defects may be found when repairs are made to dams listed in this report or when remodeling is done on the extergr. We cannot be held responsible for I, any hidden defects found otter the inspection. 1012 Tiverton Rd. Mechanicsburg, PA. 07/0112009. Page Revisetl Copyright 2005 The BridcKClee Property hspection Report 2 Bulldi Exterior II ROOF Style: Hip. Estimated Age: 13-17. Years Layers Readilly Vsble: 1. ~osasvaua~~ae*awa. ~scouw;wt,a~. Reviewed NIA 'Comments A. Surface Material(s) (Type): As alt or Fl s Shl (es. / B. Fleshings & Plumbi Vents / C. Gutters/Dowrepouts / D. Skylght(s) / E. Verd'ialion (visible CandRbn) / F. Chimney(s) & Cap(s) / G_ Other: / Comments 'hems marked 'Comments' usually require attention • See Report Er~lana6ons II. C Damaged downspouts were observed atone or more locations. This may contribute to foundation seepage. Proper repair or replacement is recommended. We recarnmend refering to the HOME REFERENCE GUIDE provided with this report for maintenance suggestions. ADDITIONAL ROOF OOMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included only if needed. Ths inspection is made on the basis of what is viable and accessible on the day of the inspection and is not a wanantv of the roof svstem or how Iona itv6A be waterbaht in the future. For an accurate cost on what repairor replacement cost wpl be, a qualified roofkg conUactor should be contacted. All roof coverings regtue periodic maintenance and an annual 'inspection is recommended. Mara leaks occur only under conditans of prolonged rain, and these conditbns may rat be present at the time of the inspection. Buyers are encouraged to ask the current owner clout the presence of any roof leaks. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revised Copiright2005TheBrick lGckerProperly hspection Report 3 Buildi Exterior III GARAGE TYPE: Attached. Reviewed NlA 'Comments q. Buddng Exterior -Siang Type(s): Same as House, see ina Lion re rt a e 2. / B. Roof Surface Material(s): Same as House, see ins lion re ort a e 3. / C. Garage Interior / D. Automotive Door(s): Metal. / E. Automatic Opener(s) / F. Service Door(s) / G. Floor/Foutdatbn / H. Other / Comments ' llama marked'Comments' usually require attention -See Report F~grlanations III. E Older automatic opener(s) installed, which did not appear to have any safety reversing features. Suggest upgrading to new automatic door opener(s) (with electronic eye 8 pressure safety stop mechanisms) which together provide more dependable 8 SAFE operation. I II. G Some typical cracking of the floor was observed. This does not usually indicate a structural deficiency: monitoring of the cracking is recommended. ADDITIONAL GARAGE COMMENTS MAY BE ON ADDENDUM PAGE A-1, which wit be included only if needed. Garage inspections are often NmRed by the occupants stared iterts and vehicles. Be sure to review this area after the current occupant has removed stored items and before fnal possession for any pdential issues to be addressed at that time. TINS is not a techrirply exhaustive inspection, and mirar detects may ex'st that are not reflected in this report. We canrat detect latent or hidden conditions, and therefore carrot be responsble for items hidden under finishes, within wall cavities, under insulation, etc. 1012 Tiverton Rd. Mechanicsburg, PA. 07!0112009. Page Revised Cap~right2005TheBncklGckerPiopertyhspectionReport a • Buildl .Interior IV ROOMS ROOM(Sl: General. LOCATION: Throughout. Water Stains or Dama a Noted: None located in visible areas. Rev'swed NIA 'Comments a. 4 / B. wads / C. Windows (SampleTesbrgOnty) / D. Interior Door(s) (Sampb Testing OMy) / E. Floors / F. Step(s), Stairway(s) and Railing(s) / G. Flreplaoes/Sdid Fuel Burning Stoves For personal sefegr, we recommend that Type: Fireplace. these items be cleaned and checked Chimney(s): Masonry. annuslly bye qualined ehlmney sweep. / H. Permanent Heat Source in HabRable Roons / I. Other: / Comments 'Items marked'Comments' ucuallyrequire atfentlon • See Report F~lanatlons IV. A Cracks were observed that are common to drywall and plaster ceilings. These are usually cosmetic and may be repaired as desired, however, monitoring of all craddng for possible movement is recommended. Some cracks will re- occur as a result of normal expansan and contraction from changing indoor humidity levels and seasonal changes. IV. D One or more of the door hardware components (powder room) (handles, locks, latches or hinges) would benefd from adjustment for proper operation. IV. E One or more areas of the sub flooring were loose; this is the usual reason for squeaking floors and is not usually a structural concern. The sub-flooring may be re-secured with screws to prevent movement and stop the squeaking. IV. G Fireplace(s-: Excessive build-up of soot or creosote was observed in the flue(s) and/or fireplace(s). Creosote is a fire hazard. Cleaning and inspection by a qualified chimney sweep is recommended. Flue or firebox defects may be hidden by soot and creosote. K Fireplaces a Soled Fuel Bumirg Stoves were present, only visible and readily accessible portions of the fireplaces a stoves have been reviewed. Flue defects may existthat can ony be discovered through a Level 2 chimney etspedion performed by a qualified chimney sweep. Manually tit gas fireplaces are not operated as a part d this irapection. ADDITIONAL ROOMS COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be inducted orty if needed. Furniture and dher personal possessbns and/or stored items may prevent a complete examination of wall and/or floor surfaces. Normal shrinkage, settlement and seasonal changes h wood framing may cause mina sacking n wale and ceilings. Most wall and ceifng cracking is typical and not usually caused by structural movement 1012 Tiverton Rd. Mechanicsburg, PA. 07/0112009. Pape Revisetl Co{yright2U05The8rickKkkerPmpenyhspedianRepart 5 Buiidi Interior V BATNROOMS Bathroom No. 1 Bathroom No. 2 Bathroom No. 3 LOCATION: Reviewed N/A 'Comments Reviewed N!A 'Comments Reviewed N/A 'Comments A. BATHTUB tmcwaes we~vr~) / 1. Tub Drain / 2. FaucedShower Head / B. SHOWER (;ncwaeawmurkt / 1. Shower Drain / 2 FauceUShower Head / C. SINIWANITY / 1. Sink Drain / 2. Faucet / D. TOILET / E. VENTING / F. FLOOR / Comments 'Items marked 'Comments' usually require attention -See Report E~rlana5ons V. C1: BATH #1 - Leaking was noted under the sink from the waste line andlor other piping (guest bath). Correction by a qualified contrador is recommended. ADDITIONAL BATHROOM COMMENTS MAY BE ON ADDENDUM PAGE A-1, which wil be included only if needed. We recommend perbdic cleaning (removal of bust up dust and dirt) of bathroom ventiation (exhaust) Fars to maintain proper operation. Peradic review of cauking and grouting al aN fled areas and at backsplashes is strongly recornmerded to prevent moisture damage to the underying surfaces. Repairs should always be made with the proper materials. Water leaks may not appear during the inspectan if the home is vacant due to hack of normal usage, but may appear after repeated usage, and we cannot be held responsble for these. 1012 Tiverton Rd. Mechanicsburg, PA. 07101/2009. Page Revised Copinght 2005 The BridcKicker Property hspection Report Buildin Interior YI KITCNEN Reviewed N!A 'Comments A. verrttation: Stove Top, S tem appears t0 recirculate to the interior. / B. Slrlk / C. Sink Drain / D. Faucet / E. Countertop(s) / F. Cabiret(s) (Sample Testing On/~ / G. Floor / Ran e. Cookto Dishwasher. H. lances Reviewed. Reviewed. Reviewed. NOTE: We provide a cursory review of selected appliances for "on-off' function only and strictly as a courtesy >p our clients. Temperatures, thermostats, features, functions and cycles ARE NOT verified. We strongly recommend that the client(s) verify the proper operation of al appliances during the fire/ walk-through before the closing. I. Other. / Comments 'Items marked 'Comments' usual/ y require attention • See Report E~lanations ADDITIONAL KRCHEN OOMMENTS MAY BE ON ADDENDUM PAGE A-1, which wtl be included anly'rf needed. This is a visual inspection. Water stains or damage may be hidden by stored personal items, behirxi cabinets and appFarrces, under floor covemgs, or within wall cavdies and may not be reported on H the house was vacant at the time of the inspection, leaks may not appear due to lack of natural usage. The furrctron of aft appliances remaining with the house should be verified by the cierd before the closing. Tire BridcKicker cannot be held responsible For the function of any appliances. 1012 Tiverton Rd. Mechanicsburg, PA. 07/0112009. Page Revised Copyright 2005 The BridclGGcer Pmperry hspection Repay Meehanical ems '_' YII PLUMBING jig Water Main Shut ONLocation: Basement. Reviewed N/A `Comments A. Water Pressure and Flaw / B. Waffir Piping Material(s): Co r. / C. Drain & Vent Pipng Maffirial(s): PVC Plastic / D. Water Hester t: Size Unknowtgal. Type: EleCtriC. Est Age Unknowrtr'ears Water Heater 2: Size gal. Type: EstAge Years / / E. Supply Piping & Storage Man Shut Off Location: / F. Flood Contrd (stone and sewage pumps): Sump (storm water) / G. Other. / Comments 'Items marked'Comments'usually require attention -See Report E~IanaBons The condition of underground drayage and wasffi piping cannot be deffirtnined by the ilspection. We strongly recommend that THE CLIENT MAKE AN INQUIRY WRH THE CURRENT OWNER AS TO THE CONDffION OF UNDERGROUND DRAINAGE AND WASTE PIPING AND IF THERE IS ANY HISTORY OF SEWAGE BACK-UPS INTO THE HOUSE. ADDITIONAL PLUMBING COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be incWded only ff needed. Supply and dravlage piping is observed in exposed areas only. The conddron of pipng within walls cannel be determined as a pert of this inspeci5on. tA~Ys and septic systems are sperrficahy excl'ealed from this iropectierr -separate, spea~afzed des6rg and ~respectpn of these systems is recommended (and may be required by law). All pumbing work should be performed by licensed plumbers. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revise0 Copyright 2005 TTe Brickl4Gcer Property hspection Report 10 Mecha~cal tams VIII ELECTRICAL Main Service: AMPS, 200; Reviewed N/A 'Comments A. Service Entrance Cables Material: Aluminum. / B. ServicelNlain Panel Location: Basement. Overcurrerrt Protection 8 Growd'ng: Breakers. / C. SubPanel Location(s): Overcurrertt Profertion 8 Growd'ng: ~ D. Branch Circuit Wiring Material(s): Copper. Wiring Types(s): Non-Metallic Sheathin Romex / E. Receptacles (OutleLS) (sample testing only) / F. Lght Fcrtures / G. GFq Devices: Those present were tested: Installation recommended at all wet areas. / H. Smoke Detectors: present: periodic testing strongly recommended. / I. Other. / Comments ' IEerns marked'Commenrs'usually require attention - Ses Report E~lanatfons VIII. A Meter Housing: Conduit was not attached to the meter housing. Recommend repair. VIII. B Branch Circuk 1Nring: One or more double (or muNiple) tapped circuit breakers or fuses were observed. Most equipment is not designed to hold more than one wire and this qn result in loose wire connections, ardng and overheating. Proper correction by a qualified eledriaan is recommended. Numerous double taps often indicate that the eledrigl panel is obsolete. VIII. E One or more electrical outlets were observed to tie loose. Recommend all outlets be checked and properly secured to prevent a shock hazard. "Loose Outlet' Location(s): Kitchen. VIII. G Ground Fauk Circuit Interrupter (GFCI) and Arc Fault Circuit Intiecrupter (AFCI) devices were not present at all recommended locations. GFCI devices reduce electrocution hazards at wet areas: kitchen counters, bathrooms, basements, garages, and all exterior locations. AFCI devices reduce ardng and potential fires in bedrooms and other areas. Suggest installation of GFCI and AFCI devices at all recommended locations by a qualified electrician. ADDITIONAL ELECTRICAL COMMENTS MAY BE ON ADDENDIAN PAGE A-1, which wit be included only if needed. Only 4ualEied eledrir~ans should Qerfoctn aU elBeRi~c'al [eQai[s ar modificationz The. omdition of Md[iig ~ 43P~`f only observed in the electrical panel(s) -junction box outlet and switch covers are not removed. Lights that do not appear to function are often the resuk of btuned out bulbs. AFCI (arc fauk drotrit interrupter) devices and only tested in vacant houses. Smoke detectors are v'suaky checked but nd tested in accordance with industry standards. Lev volhage systems (door bells, telephones, etc.) are nd included in this mspectbn. SMOKE AND CARBON MONOXIDE DETECTORS SHOULD BE PERIODICALLY CHECKED FOR FUNCTION. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revised Copyright 2005 The BnckfGGcer P~openy hspection Repan i 7 M dcal ms IN IINIIC A. HEATNG EQUIP MENT lndudes Flue IT ' , 8btaers, Pum , Saiet Vaftre Combustion Af, etc. Unit Brand TYPe BTU in ut Fuel Est a Reviewed NIA 'Comments ~ Unknown. Geothermal. Unknown. Electric. 5-10. / 2 / 3 / All heating and cooling equipment should be serviced annualy by a qualified contractor. A unit marked "Reviewed" means that the unit operated normaly at the time of the inspection. Proper operation of all units should be verified prior to closing. A conclusive evaluation of a furnace heat exchanger or a boiler combustion chamber requires dismantling of the unit, including burner removal, and is, therefore, beyond the scope of this inspection. We do not report on, nor can ure be held responsible ibr triese items. B. COOLING EQUIP MENT Un~f s not tested uMess die outside tern rature is at feast 60 d s for the last 24 hours. Unit Brand T Ca aci Fuel Est a Reviewed N!A 'Comments ~ Unknown. Heat Pump. Unknown. Electric. 5-10. / 2 / 3 / A unit marked "Reviewed" means that the unit operated notmaly at the time of the inspection. Proper operation of all umce snows ce re-vemlea oy me cuent: poor m closing. Reviewed N/A 'Comments C. Dutdwork (visble condftan only) / D. Bo17er Pipng, Radiators and/or Baseboard units (viside condition, insulation may hide defects) / E. Misc. Heatilg 8 Coding: / F. Other: / Comments ' lMms marked 'Comments' usually require attention • See Report 6¢rlanations ADDITIONAL HEATING OR COOLING COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be included ony if needed. Pli healino units ahouW be aofessionalN serviced aior to the start of each heating season to maintain aRiciency and fa personaV safety. Air condAronna units should be professionaly serviced prar to the start of each cooYng season for best performance and exterior compressor units should be left uncovered n the vinter months to avdd excess mdsture twid~p and premature corrosion. Anv space heaters present kI the building slroufd always be operated h fuffaccadance wdh (he manufacturers recommended procedures and safety precautions ro prevent oxygen depletion and possBJe buikl~rp of carbon mawxide. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revised Copyright 2005 The BrickKCker Properly Inspection Report 12 ~ Q { Structural Elements ft FOUNDATION Foundation Type(s): Basement. Foundation Moisture Indications: None located. Reviewed N/A 'Comments A. Floor(s)'. Basement: Concrete. Floor Moisture: Basement: Dry. / B. Cdumn(s): Steel. (Inspected only where visible) / C. Beam(s). Steel. (inspected only where visible) / D. Floor Jdsts: Solid Wood. (Inspected only where visible) / E. Sul>-Fboring: Not visible: Hidden b insulation. (Inspected only tMrere visible) / F. Foundation Material: Concrete Block. / Access and visibility of the foundation walls were typical. Foundation walls were dry at the time of the inspection. Most foundation walls wit have some amount d typical cracking. Lacking that is beyond "typcaP wit u•S1'Rllty' r3t• At7AxSS~t7~ X11' d4is 'MS Sl9tSN: Every sack or opening in the foundation waN (or fbor) is a potential souros for moisture entry. G_ Foundation Ventilation: Windows. / H. Floor Drains: Present. / 1. aher: / For full knowledge of water penetration or seepage we strongly recommend you check with the current owner. Every Basement/Crawl Space has potential for water entry. There is no assurance/guarantee it will not occur. Comments 'Items marlred'Comments' usually require afAention • See Report Ea¢tlenations X. A Cracks were observed that are common to this type of construction. These are usually cosmetic and may be repaired as desired, however, monitoring of all cracking for possible seepage or movement is recommended. X. F One or more foundation cracks were observed that appear to have been repaired. Recommend checking with the current owner as to the nature of the repairs. One or more areas of possible structural movement of the foundation walls) were noted. Further evaluation by a qualified rbntrador is recommended. Proper water control reduces or eliminates waterirrfiltYatyon and provides for its removal. ADDITIONAL FOUNDWTION COMMENTS MAY BE ON ADDENDUM PAGE A-1, which will be itduded only f needed. Only the readiy vsible portions of the foundation and structure were observed. Foundation surfaces that are hidden behind finishes cannot be observed trtr the hspector. Defects may be present at hidden foundation areas tl~at could albw water infitration or may have been caused by structural movement. Some foundation cracking is typitxl of settlement andlor shrinkage and does not usually indicate a structural deficiency. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01/2009. Page Revised Copyrignt2005 The BridclOUcer Property Y~spedion Report 13 11 -~ ' Structural Elements SI ATTIC Method of Observation: Bedroom, Closet, (viewed from hatch) AccessAlsbiity: Attic areas were not fully accessible for observation. Reviewed NIA 'Comments A_ tNlater Penetration NA[w llotarl. B. Venting of Attic (medtanical and passive) / C Insulation: Thickness in inches: 10-12. Material: Fiberglass. ~ D. Roof Framing: Joists b Rafters. / E. Roof Sheathing: Plywood. / F. Other: / Comments •!lems ma-ked'Comments'usually require attention-See Repot F~lanations XI. B Adding ventilation would appear to benefit the attic space(s). Suggest referring to Attic Section in the Home Maintenance and Reference section of your inspection report binder for guidelines. ADDITIONAL ATTIC COMMENTS MAY BE ON ADDENDUM PAGE A-1, which wil be inclduded only if needed. GENERAL PROPERTY CIRCUMSTANCES This inspection has focused on the major elements of the property. As noted, some iUems are ony sample tested or partially reviewed. Wditionalty, this inspection may have been impeded by limded access~biity, especially in occupied homes. Therefore, please do rot expect that every defedwil be reported. Clierrts might antidpate and budget an amount not lei than 11000.00 to cover unforeseen and undiscovered defects andlor mirar repairs. This inspectbn does not detemine whether proper buf~rg pertrits have been obtarted for work performed at this property prior to this inspection. We recommend that the diets inquire with the wrrent owner and the local building deparbrrent as to the disposition of buid'mg permits, if any were required. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01!2009. Page Revised Copyright 20D5 The Brick lGCker Property hspectim Report 14 12 • Pboto Album f(I11 PHOTOS ,. ,, r `.~~ ~ ~ ~ '. _ ~~ yt .. . . y f ~ tt ~ - - i +1~ i. ?~ ~ , --_.: . ;- y~ r a .':} - .. ~J ~ ~~ Et ,. rk E~ ` ~. ,A'~- ,. :, r ;;, Loose mortar, front stoop. Cut back vegetation. ~'~ ___ Mrssrng window well covers. _ ._ , ~. ~ G °" >,~ ~~ - s~ ~~~ ,° leak under guest bash sink. 1012 Tiverton Rd. Mechanicsburg, PA. 07/0112009. Copyright 2005 The BricklGclcer Property hspeclion Repot 18 .' ,.~, Paint fiailure. ~~ ~ Photo Alhum 1[111 PHOTOS i 5k~A3~?~i~~.. ._ .. v.. ;;. ~t_ ~-iliYi ~i Possible Foundation wall Conduit detached from meter housing ' ~ 1' _ .. l ~ ~ 1 „ li~'~ ~. s ~"-' ~ - ~i ,1 i ~:'' '~ _ Double taps. 1012 Tiverton Rd. Mechanicsburg, PA. 07/01!2009. Cop/nght2005 me BnGk lGUcer Pioperry hspedion Report 19 ,, ti LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Plaintiffs JERRY A. KUHLMAN, II and JAMIE KUHLMAN, Husband and Wife, Plaintiffs v. BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, Adult Individual, 1ST BALLOT PROPERTIES, LLC, dlb/a The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1 ST Advantage, DONNA FLEETWOOD, Adult Individual Defendants CENTURY 21 PISCIONERI, INC. and LORI ENGLEBROOK, Additional Defendants ,.~ T;,r~ ~~-.,rv ... _ rv . . LU~Ufirilr .~ i i'l ! .ice dv.u.' ; ;j~~`T`r r~_ ~ .~ ~ _~~i' IN THE COURT~OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 10-828 JURY TRIAL DEMANDED REPLY OF PLAINTIFFS JERRY A. KUHLMAN. II AND JAMIE KUHLMAN TO NEW MATTER AND CROSSCLAIM OF DEFENDANTS 1ST ADVANTAGE REALTY, INC. d/b/a RE/MAX 1ST ADVANTAGE AND DONNA FLEETWOOD The Plaintiffs, Jerry A. Kuhlman, II and Jamie Kuhlman, by and through their undersigned attorney, hereby file their Reply to New Matter and Crossclaim of Defendants 1St Advantage Realty, Inc. d/b/a Re/Max 1St Advantage and Donna Fleetwood and state as follows: 140. Plaintiffs incorporate Paragraphs 1-139 of their Complaint as though set forth herein at length. 141. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 142. TMe averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 143. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 144. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 145. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 146. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 147. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 148. Denied. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. Byway of further answer, the averments of this Paragraph are also denied because Defendants failed to identify the other persons or entities claimed by Defendants to be the parties to whom fault for Plaintiffs' damages should be assigned and strict proof of the same is hereby demanded at trial. 149. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 150. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. By way of further answer, the averments of this Paragraph are also denied because Defendants failed to properly identify what they mean by "integrated contract governing the sale" and identification and strict proof of the same are therefore demanded at trial. 151. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 152. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 153. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 154. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. Byway of further answer, to the extent that any of the facts alleged by Defendants are determined to be accurate, it is denied that any such failures would bar or limit Plaintiffs' claims against the Defendants. 155. Admitted. 156. Admitted. 157. Admitted. 158. .Denied. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. The remainder of the averments of Paragraph 158 are denied as the Agreement of Sale is a document that speaks for itself and any mischaracterizations ofsaid document are specifically denied. 159. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 160. Denied. The averments of this Paragraph are denied as conclusions of law to which no responsive. pleading. is required. Byway of further answer, to the extent that any of the facts alleged by Defendants are determined to demonstrate any knowledge of material defects or conditions, it is denied that such knowledge would bar Plaintiffs claims. 161. Admitted in part, denied in part. It is admitted that the Seller's Property Disclosure Statement contains the language identified by Defendants in Paragraph 161 of Defendants' New Matter. The remainder of the averments of Paragraph 161 are denied as the Seller's Property Disclosure Statement is a document that speaks for itself and any mischaracterizations ofsaid document are specifically denied. Paragraph 161 also contains conclusions of law to which no response is required. 162. Admitted in part, denied in part. It is admitted that the home inspection report completed by Defendant Matthew Kennedy contains the language identified in Paragraph 162 of Defendants' New Matter. The remainder of the averments of Paragraph 162 are denied as the home inspection report is a document that speaks for itself and any mischaracterizations ofsaid document are specifically denied. Paragraph 162 also contains conclusions of law to which no response is required. 163. Admitted in part, denied in part. It is admitted Plaintiffs did not obtain a specialized inspection of the EIFS siding system. It is denied Plaintiffs had complete and full knowledge of the risks of EIFS and strict proof of the same is demanded at trial. The remainder of the averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 164. Admitted in part, denied in part. It is admitted that the Reply to Inspections/Reports Addendum to Agreement of Sale contains the language identified by Defendants in Paragraph 164 of Defendants' New Matter. The remainder of the averments of Paragraph 164 are denied as the Reply to Inspections/Reports Addendum to Agreement of Sale is a document that speaks for itself and any mischaracterizations ofsaid document are specifically denied. Paragraph 164 also contains conclusions of law to which no response is required. 165. Denied. Plaintiffs did not conduct "numerous" inspections of the property before settlement, rather, in addition to the pre-settlement walk through, Plaintiffs were only present at the property two times before settlement. It is also denied that Plaintiffs had complete and full knowledge of all defects; rather, Plaintiffs lacked such knowledge due to the acts and omissions of Defendant Kennedy, Defendant Plank and Defendant Fleetwood as set forth in the Complaint. The remainder of the averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 166. Admitted in part, denied in part. It is admitted that the Pre-Settlement Walk Through Inspection form contains the language identified in Defendants in Paragraph 166 of Defendants' New Matter. The remainder of the averments of Paragraph 166 are denied as the Pre-Settlement Walk Through Inspection form is a document that speaks for itself and any mischaracterizations ofsaid document are specifically denied. Paragraph 166 also contains conclusions of law to which no response is required. 167. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 168. Admitted in part, denied in part. It is admitted that the Business Relationship Between Broker and Buyer Agreement contains the language identified in Paragraph 168 of Defendants' New Matter. The remainder of the averments of Paragraph 168 are denied as the Business Relationship Between Broker and Buyer Agreement is a document that speaks for itself and any mischaracterizations of said document are specifically denied. Paragraph 168 also contains conclusions of law to which no response is required. 169. Denied. Plaintiffs believe and therefore have averred that Defendant Fleetwood did know or should have known she was making false statements or inaccurate representations. Furthermore, Plaintiffs have not yet completed discovery and believe additional support for their position will be revealed at that time. Finally, the material facts in Plaintiffs' possession are sufFcient to meet the fact pleading requirement of the Pennsylvania Rules of Civil Procedure and thus Plaintiffs have no further obligation to aver additional facts at this stage of the case. 170. Denied. Defendant 1St Advantage Realty, Inc. and Defendant Fleetwood admit in Paragraphs 37 and 38 of their Answer that Defendant Fleetwood inspected a 2" area of buckled drywall tape in the dining room under the window on the wainscoting. This buckled drywall tape was later noted by Plaintiffs' insurance adjuster as a sign of water infiltration damage. 171. Denied. Defendant Fleetwood was shown the signs of water damage (outlined in Plaintiffs' response to Paragraph 170 above) at the time of the pre-settlement walk through, rendering the disclosures inaccurate. Furthermore, Plaintiffs have not yet completed discovery and believe additional support for their position will be revealed at that time. The remainder of the averments of Paragraph 171 are conclusions of law to which to response is required. 172. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 173. Admitted in part, denied in part. It is admitted that Plaintiffs' Complaint sets forth no basis for an award of attorneys' fees. However, the Plaintiffs' reserve the right to amend their Complaint to later include causes of action for which a claim for attorneys' fees may be made. 174. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 175. Denied. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. Byway of further answer, significant areas of the Plaintiffs' personal residence suffered from severe pre-existing water infiltration, structural damage and mold. Plaintiffs took the necessary steps to mitigate further damage and correct these conditions so that the Plaintiffs' residence would remain livable, thereby limiting further damage and claims against Defendants. Plaintiffs have retained key pieces of evidence as to the damage in the form of photographs and portions of damaged materials which were removed and retained by Plaintiffs for use as evidence. Said physical materials are in the possession of Plaintiffs and were shown to counsel for Defendants 1St Ballot Properties, LLC/Kennedy and counsel for Defendants Neff during the site inspection on April 20, 2010. Plaintiffs also have eye witnesses to these damages who will testify at trial. 176. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 177:. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 178. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 179. No response required. 180. No response required. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants 1St Advantage Realty, Inc. d/b/a Re/Max 1St Advantage and Donna Fleetwood as set forth in Plaintiffs' Complaint. 181. Plaintiffs incorporate by reference their responses to the foregoing paragraphs to Defendants' New Matter as though set forth herein at length. 182. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. 183. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. 184. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants 1St Advantage Realty, Inc. d/b/a Re/Max 1St Advantage and Donna Fleetwood as set forth in Plaintiffs' Complaint. Date: ~G ~ ZDI~ Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walkef, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs VERIFICATION I, Jerry A. Kuhlman, II, hereby verify that all the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ 3 ~a Je . Ku Iman, II VERIFICATION I, Jamie Kuhlman, hereby verify that all the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~~3~J0 ,~l- Ja 'Kuhlman CERTIFICATE OF SERVICE I, Robert M. Walker, hereby certify that a true and correct copy of the foregoing document was served this day upon the following by U.S. First Class Mail, postage prepaid, addressed to: Glen D. Kimball, Esquire Michael S. Soule, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, 1StAdvantage Realty, Inc. d/b/a Re/Max 1St Advantage and Donna Fleetwood Joseph W. Denneler, Esquire Zerwin, Baum, Devito, Kaplan , Schaer 1818 Market Street, 13th Floor Philadelphia, PA 19102 Attorney for Defendants, 1St Ballot Properties d/b/a The BrickKicker Home Inspections Date: ~ ~ / ~ d Thomas 0. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for Defendants, Brian E. Neff And Georgette R. Neff Matthew Plank Naturzone Pest Control 717 Market Street Lemoyne, PA 17043 Jeffrey B. McCarron, Esquire Swartz Campbell LLC Two Liberty Place 50 S. 16th Street, 28th Floor Philadelphia, PA 19102 Attorney forAddifional Defendants, Century 21 Piscioneri Realty, Inc. and Lori Englebrook Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 Attorney for Plaintiffs LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney f.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Plaintiffs rlr ~,~~r~ ~ - r ~~ [ - C ~ 'v _, .`',~ , 20fQPi;~' -j ~:~ ~: J~ V~U~^,'i ;' ~ r,. :, i , , '. , JERRY A. KUHLMAN, II and JAMIE KUHLMAN, Husband and Wife, Plaintiffs v. BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, Adulfilndividual, 1ST BALLOT PROPERTIES, LLC, d/b/a The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1ST Advantage, DONNA FLEETWOOD, Adult Individual Defendants CENTURY 21 PISCIONERI, INC. and LORI ENGLEBROOK, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 10-828 JURY TRIAL DEMANDED REPLY OF PLAINTIFFS JERRY A. KUHLMAN, II AND JAMIE KUHLMAN TO NEW MATTER AND CROSS CLAIMS OF DEFENDANTS MATTHEW KENNEDY AND 1STBALLOT PROPERTIES. LLC d/b/a THE BRICKKICKER HOME INSPECTIONS The Plaintiffs, Jerry A. Kuhlman, II and Jamie Kuhlman, by and through their undersigned attorney, hereby file their Reply to New Matter and Cross Claims of Defendants Matthew Kennedy and 1St Ballot Properties, LLC d/b/a The BrickKicker Home Inspections and state as follows: 140. Plaintiffs incorporate Paragraphs 1-139 of their Complaint as though set forth herein at c length. 141. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 142. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 143. Denied. The Home Inspection Contract is a document that speaks for itself and any characterization of said document is specifically denied. It is a conclusion of law that Defendants have available defenses under the terms of the Home Inspection Contract and Report and therefore no response to such conclusion is required. 144. Admitted in part, denied in part. It is admitted that Plaintiffs were afforded the opportunity to attend the home inspection and Plaintiff Jerry Kuhlman did soon behalf of the Plaintiffs. However, Defendant Kennedy had already started his inspection and completed parts of his inspection before Plaintiff Jerry Kuhlman arrived. Defendant Plank completed his entire pest inspection before Plaintiff Jerry Kuhlman arrived. It is also admitted that Plaintiffs reviewed the Home Inspection Report prior to settlement. However, Defendant Kennedy provide Plaintiff Jerry Kuhlman a cop of the Home Inspection Contract until after Defendant Kennedy completed his inspection and Defendant Kennedy did not provide Plaintiff Jerry Kuhlman a copy of the Home Inspection Report until later the same evening of the inspection. By way of further answer, Defendant Kennedy failed to detect and therefore include the signs of water infiltration and structural damage set forth in Plaintiffs' Complaint. Defendant Kennedy also discouraged Plaintiffs from further investigating possible problems with the property by assuring the Plaintiffs that there were no major problems with the property and stating to Plaintiff Jerry Kuhlman that Defendant Kennedy himself would not hesitate proceeding with purchasing the property. The remainder of the averments of Paragraph 144 are conclusions of law to which no responsive pleading is required. 145. Denied. Immediately upon discovering signs of damage, Plaintiffs contacted their insurance company, Donegal Insurance. Donegal immediately dispatched a claims representative who authorized payment of the cost to expose the interior walls of the dining area to determine the source of the water infiltration. Upon exposing the walls, significant damage was discovered and immediately repaired, thereby mitigating further damage. 146. Denied. It is denied Plaintiffs refused to make inquiry of Answering Defendants with regard to the disclosures on Answering Defendants never made any type of request of Plaintiffs to make such an inquiry. It is also denied Plaintiffs failed to make inquiry as Plaintiffs were denied or discouraged from such inquiries by Defendant Kennedy's failure to detect obvious signs of water damage and previous attempts to seal the EIFS/Dryvit during his home inspection. Defendant Kennedy also denied or discouraged further investigation by telling Plaintiff Jerry Kuhlman that Defendant Kennedy himself would not hesitate proceeding with purchasing the property. 147. Denied. The condition of the interior walls of the home where the damage occurred conclusively demonstrates said damage was pre-existing and ongoing. It is also noted that previous attempts to seal the exterior joints of the EIFS/Dryvit system were detected by Plaintiffs' contractor at the time damage repairs were initiated. Evidence of this pre-existing and ongoing damage and previous attempts at repair were provided to Defendants as part of Plaintiffs' Responses to Production of Documents, in the form of photographs. Defendants were also shown evidence of the pre-existing and ongoing damage .and previous attempts at repair at the time of the physical site inspection of the property by counsel for Defendants Kennedy/BrickKicker that occurred on April 20, 2010. It is believe and therefore averred that Plaintiffs will demonstrate additional evidence supporting its allegations which will come to light through additional discovery at a later date. 148. Admitted in part, denied in part. It is admitted that the conditions complained of were partly obstructed during the home inspection, by small floor plants and a curtain framing the dining room window. It is denied these conditions could not be detected as all Defendant Kennedy would have to have done was pull back the curtains and shift the plants and the signs of water damage (buckled drywall tape and staining) would have been readily discoverable. 149. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 150. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 151. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 152. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 153. Denied. To the contrary, Plaintiffs reported said conditions to Answering Defendants within forty-eight (48) hours after Plaintiffs' insurance company inspected the damage and no more than ninety-six (96) hours after the initial discovery of the damage by Plaintiffs. The balance of the averments of Paragraph 153 constitute conclusions of law to which no response is required. 154. Denied. Defendant Kennedy re-inspected the property within ninety-six (96) hours after Plaintiffs' discovery of the damages and before any work commenced. The remainder of the averments of Paragraph 154 are conclusions of law to which no response is required. 155. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 156. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 157. Admitted in part, denied in part. It is admitted that Comment I.A., Page 2 of the Home Inspection Report noted the existence of EIFS type siding. It is also admitted that said section of the Home Inspection Report contained the following sentence: "A specialized inspection for EIFS type siding systems that is beyond the scope of this inspection is strongly recommended." However, Defendant Kennedy failed to notice signs of water damage during his home inspection, failed to detect the previous attempts to seal the EIFS/Dryvit and failed to provide Plaintiffs with any type of verbal recommendations for additional inspections during or after the home inspection. By way of further answer, Defendant Kennedy went so far as to tell Plaintiff Jerry Kuhlman that the home was in good shape and had no major issues. Defendant Kennedy made these remarks despite the signs that Defendant Kennedy knew or should have known to be signs of water infiltration and previous attempts to repair the same. Defendant Kennedy's statements and inaction caused the Plaintiffs not to seek further inspections of the property. It is for these reasons the remainder of Paragraph 157 not otherwise admitted, are denied. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants Matthew Kennedy and 1ST Ballot Properties, LLC d/b/a The BrickKicker Home Inspections as set forth in Plaintiffs' Complaint. 158. No response required. 159. Plaintiffs incorporate by reference their responses to the foregoing paragraphs of Defendants' New Matter as though set forth herein at length. 160. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants Matthew Kennedy and 1St Ballot Properties, LLC d/b/a The BrickKicker Home Inspections as set forth in Plaintiffs' Complaint. Date: yvG ~~d Respectfully submitted, LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs YERtFICATION 1, Jerry A. Kuhlman, ll, hereby verify that all the averments of fact contained in the foregoing document are true and correct to the Crest of my knowledge, inforrrtation and belief. 1 understand #hat false statements herein are made subject to the penalties of 78 Pa. C.S.A. §49ta4~, relating to unsworn falsification to authorities. Date: s/ 3~1° -~%' ~~ -- ~~ A. Kuhlman, II Io VERiFiCATItJN 1, Jamie Kuhlman, hereby verify that aPi the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 16 Pa. C.S.A. §4~4, relating to unswom falsification to authorities. Date: S ~ ~ ~ [ b Jart>!e Ku an Z1 CERTIFICATE OF SERVICE I, Robert M. Walker, hereby certify that a true and correct copy of the foregoing document was served this day upon the following by U.S. First Class Mail, postage prepaid, addressed to: Glen D. Kimball, Esquire Michael S. Soule, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, 1 Sr Advantage Realty, Inc. d/b/a Re/Max 1 Sr Advantage and Donna Fleetwood Joseph W. Denneler, Esquire Zerwin, Baum, Devito, Kaplan , Schaer 1818 Market Street, 13~h Floor Philadelphia, PA 19102 Attorney for Defendants, 1ST Ballot Properties d/b/a The BrickKicker Home Inspections Date: ~ ~l~ Thomas 0. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for Defendants, Brian E. Neff And Georgette R. Neff Matthew Plank Naturzone Pest Control 717 Market Street Lemoyne, PA 17043 Jeffrey B. McCarron, Esquire Swartz Campbell LLC Two Liberty Place 50 S. 16~ Street, 28~ Floor Philadelphia, PA 19102 Attorney for Additional Defendants, Century 21 Piscioneri Realty, Inc. and Lori Englebrook Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717) 761-1201 Attorney for Plaintiffs LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Plaintiffs ~:_,_ ~~ 7`r .. ;tf?V 2010 iit1' -~ FBI I ~ ~2 ~ i~. { JERRY A. KUHLMAN, II and JAMIE KUHLMAN, Husband and Wife, Plaintiffs v. BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, Adult Individual, 1ST BALLOT PROPERTIES, LLC, d/b/a The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1ST Advantage, DONNA FLEETWOOD, Adult Individual Defendants CENTURY 21 PISCIONERI, INC. and LORI ENGLEBROOK, Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 10-828 JURY TRIAL DEMANDED REPLY OF PLAINTIFFS JERRY A. KUHLMAN. II AND JAMIE KUHLMAN TO NEW MATTER AND CROSSCLAIM OF DEFENDANTS BRIAN E. NEFF AND GEORGETTE R. NEFF The Plaintiffs, Jerry A. Kuhlman, II and Jamie Kuhlman, by and through their undersigned attorney, hereby file their Reply to New Matter and Crossclaim of Defendants Brian E. Neff and Georgette R. Neff and state as follows: 140. Plaintiffs incorporate Paragraphs 1-139 of their Complaint as though set forth herein at length. 141. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 142. Denied. Immediately upon discovering signs of damage, Plaintiff Jerry Kuhlman contacted the insurance company, Donegal Insurance. Donegal immediately dispatched a claims representative who authorized payment of the cost to expose the interior walls of the dining area to determine the source of the water infiltration. Upon exposing the walls, significant damage was discovered and immediately repaired. The remainder of the averments of Paragraph 142 are conclusions of law to which no responsive pleading is required. 143. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 144. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 145. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 146. Admitted in part, denied in part. It is admitted that Plaintiffs had full opportunity to fully inspect the property prior to purchasing the property. It is denied that they were not prohibited, deterred or prevented in any way from performing a full and complete inspection as Plaintiffs have alleged that Defendants Neff failed to accurately and completely disclose all defects they knew or should have known existed, Defendant Kennedy's failure to identify water infiltration and damage, and Defendant Plank's failure to discover carpenter ant infestation, deterred the Plaintiffs from further investigating or inspecting the property. 147. Denied. As Defendants Neff lived in the property for approximately three years, it is Plaintiffs belief and corresponding averment that Defendants Neff knew or should have known of the complained of defects and damages. Plaintiffs believe additional evidence demonstrating such knowledge or imputed knowledge will come to light as Plaintiffs engage in discovery. 148. Denied. Defendants Neff failed to disclose, among other matters, previous attempts to seal the exterior EIFS at its joints with clear silicone caulk, the lifting of drywall tape on the wainscoting in the dining room, instances of damp carpet under the dining room window, leaking of the kitchen window and obvious prior repairs to cracks in the north basement wall of the property. Plaintiffs believe and therefore. aver that additional failures of disclosure will be revealed as Plaintiffs' proceed through the discovery process. 149. Denied. Defendants Neff failed to disclose, among other matters, previous attempts to seal the exterior EIFS at its joints with clear silicone caulk, the lifting of drywall tape on the wainscoting in the dining room, instances of damp carpet under the dining room window, leaking of the kitchen window and obvious prior repairs to cracks in the north basement wall of the property. Plaintiffs believe and therefore aver that additional failures of disclosure will be revealed as Plaintiffs' proceed through the discovery process. 150. Denied. The Plaintiffs have what they believe to be evidence of recent previous attempts to utilize clear silicone caulk to seal the joints of the EIFS. This repair was not disclosed in the Seller Disclosure Statement. Plaintiffs believe and therefore aver that the existence of additional remedial work completed by Defendants Neff (or at their direction) will be revealed as Plaintiffs' proceed through the discovery process. 151. Admitted. 152. Denied. Plaintiffs are without information as to what experience or training Defendants Neff may have with respect to defects in homes and therefore the allegations of Paragraph 152 are denied. 153. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 154. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 155. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 156. Denied. The averments of this Paragraph are denied as the sales agreement is a document that speaks for itself and any characterization of such document is specifically denied. The remainder of the averments of this Paragraph are conclusions of law to which no responsive pleading is required. 157. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 158. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 159. Denied. The averments of this Paragraph are denied as the sales agreement is a document that speaks for itself and any characterization of such document is specifically denied. The remainder of the averments of this Paragraph are conclusions of law to which no responsive pleading is required. 160. Denied. The averments of this Paragraph are denied as the sales agreement is a document that speaks for itself and any characterization of such document is specifically denied. The remainder of the averments of this Paragraph are conclusions of law to which no responsive pleading is required. 161. Denied. The averments of this Paragraph are denied as the sales agreement is a document that speaks for itself and any characterization of such document is specifically denied. The remainder of the averments of this Paragraph are conclusions of law to which no responsive pleading is required. 162: The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 163. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 164. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. 165. Admitted in part, denied in part. It is admitted that Plaintiffs' Complaint sets forth no basis for an award of attorneys' fees. However, Plaintiffs reserve the right to amend their Complaint to later include causes of action for which a claim for attorneys' fees may be made. 166. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required, 167. The averments of this Paragraph are denied as conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants Brian E. Neff and Georgette R. Neff as set forth in Plaintiffs' Complaint. 168. Plaintiffs incorporate by reference their responses to the foregoing paragraphs of Defendants' New Matter as though set forth herein at length. 169. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. 170. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. 171. The averments of this Paragraph are directed to parties other than Plaintiffs and as such, no responsive pleading is required. WHEREFORE, Plaintiffs request that this Court enter judgment in their favor and against Defendants Brian E. Neff and Georgette R. Neff as set forth in Plaintiffs' Complaint. Respectfully submitted, Date: ~'v` ZD`~ LAW OFFICES OF ROBERT f~O.~QJALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs VERIFICATION I, Jerry A. Kuhlman, II, hereby verify that all the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ `j ~D' Je . Ku Iman, II VERIFICATION I, Jamie Kuhlman, hereby verify that all the averments of fact contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: 'rl3~f(~ ~( Ja Kuhlman CERTIFICATE OF SERVICE I, Robert M. Walker, hereby certify that a true and correct copy of the foregoing document was served this day upon the following by U.S. First Class Mail, postage prepaid, addressed to: Glen D. Kimball, Esquire Michael S. Soule, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, 1StAdvantage Realty, Inc. d/b/a Re/Max 1StAdvantage and Donna Fleetwood Joseph W. Denneler, Esquire Zerwin, Baum, Devito, Kaplan , Schaer 1818 Market Street, 13th Floor Philadelphia, PA 19102 Attorney for Defendants, 1St Ballot Properties d/b/a The 8rickKicker Home Inspections Date: y ~~~ Thomas 0. Williams, Esquire Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 Attorney for Defendants, Brian E. Neff And Georgette R. Neff Matthew Plank Naturzone Pest Control 717 Market Street Lemoyne, PA 17043 Jeffrey B. McCarron, Esquire Swartz Campbell LLC Two Liberty Place 50 S. 16~ Street, 28th Floor Philadelphia, PA 19102 Attorney for Additional Defendants, Century 21 Piscioneri Realty, Inc. and Lori Englebrook Robert M. Walk r, Esquire Attorney f.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 (717} 761-1201 Attomey for Plaintiffs i LAW OFFICES OF ROBERT M. WALKER, LLC Robert M. Walker, Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 (717) 761-1200 Attorney for Plaintiffs FILED-OFFICE OF THE PROTHONOTAR`r 2011 !1 17 CU1"i5'-- =TY JERRY A. KUHLMAN, II and IN THE COURT OF COMMON PLEAS OF JAMIE KUHLMAN, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. BRIAN E. NEFF and GEORGETTE R. NEFF, Husband and Wife, MATTHEW KENNEDY, Adult Individual, 1ST BALLOT PROPERTIES, LLC, d/b/a The BrickKicker Home Inspections, MATTHEW PLANK, Adult Individual, 1ST ADVANTAGE REALTY, INC. d/b/a Re/Max 1 ST Advantage, DONNA FLEETWOOD, Adult Individual Defendants CENTURY 21 PISCIONERI, INC. and LORI ENGLEBROOK, CIVIL ACTION - LAW NO. 10-828 JURY TRIAL DEMANDED Additional Defendants : PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: We, the undersigned counsel, ask that you please mark the above-captioned matter, to include all claims, counter-claims, cross-claims and third-party complaints, settled and discontinued, with prejudice. Date: z/zz- 4/ Respectfully submitted, LAW OFFICES OF ROBE. LKER, LLC Robert M. Walke K Esquire Attorney I.D. No. 86340 3461 Market Street, Suite 103 Camp Hill, PA 17011 717) 761-1200 Attorney for Plaintiffs Date: l Z- t 2331 Market Street Camp Hill, PA 17011 Attomey for Defendants, Brian E. Neff And Georgette R. Neff Tli m s . Wi lams, squire Reager & Adler, P.C. 1 Date: i ?. Joseph enn r, Esquire- w' Zer, um, eV' Kaplan , Schaer 181 arket et, 13th Floor P delphia, PA 19102 Attorney for Defendants, 1St Ballot Properties d/b/a The BrickKicker Home Inspections Date: 1 7,--`K- ) r /* W, Michael S. Soule, Esquire O'Connor Kimball LLP 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Two Penn Center Plaza, Suite 1100 Attomeys for Defendants, 1 st Advantage Realty, Inc. d/b/a Re/Max 1 st Advantage and Donna Fleetwood ku-Mwov\ ?. 1nr 'Z rrAM I 'ScorLt140-( i Date: I v S D 6, ff y Yammctll rron, Equire w artz LLC Two Liberty Place 50 S. 16m Street, 28th Floor Philadelphia, PA 19102 Attorney for Addr?ional Defendants, Century 29 Piscioneri Realty, Inc. and Lon Englebrook I L?10