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HomeMy WebLinkAbout04-3010WILLIAM C. BENNETT, JR, and SHANNON BENNETT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant NO. 014 -3616 JURY TRIAL DEMANDED NOTICE TO: Karen Dupert f/k/a Karen McClintock c/o Barbara Sumpel-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 304889-1 WILLIAM C. BENNETT JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED NOTICIA TO: Karen Dupert f/k/a Karen McClintock c/o Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecci.ones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion or remedio solicitado por el demandante puede set dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 304889-1 WILLIAM C. BENNETT, JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION -LAW V. : NO. Oil-,?Dlb KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiffs, William C. Bennett, Jr. and Shannon Bennett, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and state the following causes of action and in support thereof, aver as follows: 1. Plaintiffs, William C. Bennett, Jr. and Shannon Bennett, are adult individuals having their primary residence at 32 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Karen S. Dupert f/k/a McClintock, is an adult individual with her principal residence at 105 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On June 30, 2002, Plaintiffs and Defendant entered into a standard agreement for the sale of real estate by which Defendant agreed to sell the real property at 32 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050 ("Property) to Plaintiffs. A true and correct copy of the standard agreement of sale of real estate is attached as Exhibit "A". 304889-1 4. During negotiations for the sale of the Property, Defendant provided Plaintiffs with a Seller's Property Disclosure Statement ("the Disclosure'). A true and correct copy of the Disclosure is attached hereto as Exhibit "B". 5. During negotiations for the sale of the Property, Defendant provided Plaintiffs with a Realtors Listing and Description of the Property. A true and correct copy of Listing and Description is attached hereto as Exhibit "C". 6. The parties settled on the sale of the Property on or about July 26, 2002. 7. Subsequent to the settlement, Plaintiffs discovered the true structural nature of the Property. Subsequent to the settlement, Plaintiffs discovered serious and substantial defects to the Property. COUNT I - Breach of Contract 9. The averments of paragraphs 1 through 8 hereof are incorporated herein by reference. 10. Defendant has breached the contract by failing to deliver the Property as represented and contracted. 11. Subsequent to the settlement, Plaintiffs began remodeling of the Property and discovered that the Property was a modular home and not a frame style construction as represented. 12. By reason of the Defendant's material misrepresentation and breach, Plaintiffs have sustained significant damages in the form of loss of market value of a frame construction home and a modular home. 304889-! 13. Plaintiffs have made several demands from Defendant for compensation of the loss of market value from Defendants, which have gone unanswered. WHEREFORE, the Plaintiffs, WILLIAM C. BENNETT JR. and SHANNON BENNETT, respectfully request this Honorable Court to enter a judgment in their favor and against Defendant in an amount in excess of limits of mandatory arbitration in Cumberland County, plus costs, interest, damages for delay and/or attorney fees as allowed by law and such other relief as the Court deems just and proper. COUNT I1- Fraud in the Inducement 14. The averments of paragraphs 1 through 13 hereof are incorporated herein by reference. 15. Subsequent of taking possession of Property, Plaintiffs began remodeling the property. 16. Plaintiffs' remodeling revealed water damage to the property that was purposely concealed and not disclosed by Defendant. 17. Defendant deliberately concealed water damage in her basement by covering the water damaged areas with paint. This water damage was discovered by Plaintiffs when they began their remodeling project. 18. Defendant had knowledge of the said water damage conditions at the time that she executed the Disclosure Statement. 304889-1 19. Defendant also claimed on the Disclosure Statement to have had only one (1) dog living in the Property during her ownership of the Property. 20. Plaintiffs discovered shortly after beginning the remodeling on the Property that the drywall in the house was saturated with cat urine. Defendant did not disclose ownership or harboring of any cats nor did she indicate to the Plaintiffs that she regularly housed stray cats. 21. Defendant purposely painted over wet areas in the drywall to conceal damage caused by cat urine. 22. Defendant's actions in painting over wet drywall and other items to conceal damage were deliberate attempts to conceal. the condition of the Property. 23. Defendant had knowledge of the condition of pet urine at the time that Defendant executed the Disclosure Statement. 24. Defendant was able to mask the pet odors by requiring twenty-four (24) hour notice for real estate showings of the Property. This allowed the outside air to ventilate the house and reduce the cat urine odor. 25. Defendant failed to disclose the condition with pet urine to Plaintiffs on Defendant's Seller's Disclosure otherwise at or before the time of sale. 26. Defendant's attempts to conceal damage to the Property constituted fraud. 27. Defendant represented to the Plaintiffs that the Property was of a frame style construction and listed it as such on the Realtor's Listing and Description of Property. 28. In pre-settlement negotiations, Defendant made specific representations to Plaintiffs that the house was frame built and not modular. 304889-1 29. Subsequent to the settlement, Plaintiffs began remodeling the Property and discovered that the Property was a modular home and not a frame style construction as represented. 30. Plaintiffs were induced to purchase the Property based upon Defendant's materially false and misleading misrepresentations, acts and/or omissions. WHEREFORE, the Plaintiffs, WILLIAM C. BENNETT JR. and SHANNON BENNETT, respectfully request this Honorable Court to enter a judgment in their favor and against Defendant in an amount in excess of limits of mandatory arbitration in Cumberland County, plus costs, interest, damages for delay and/or attorney fees as allowed by law and such other relief as the Court deems just and proper. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: f t' Steven P! Nlmer, Esquire Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: ?Z 0 t./ 304889-1 Exhibit A STANDARD A"REEMENT FOR THE SALES OF REAL ESTATE A,S-21( "I ni. 6v:n m.,mm?enJeO muI xr1`:°v. 1'W nw In, Id In me hr, 11. li-0- ul all 14,lis,I niuN n ul'Itr•,A MRS. WA it). PA LICI;NSRO JYMIM? PA LICENSED R 1(612 LISTING 131?01(1!It (Gnnpatly) (.Y xis rh. r 11 SEI.. .I,IN(7'BI2O1(IiB (Company) ?f f<.? ?IGL' ?j C7,)i, 17 Lp - - ` ADDRESS ADDRESS I 1\ 1-'1 n c ( n -1 . S ?- _C ? //it.t ?Q_L ;'r•// C r .- 7I+(I ?11 I u ` PD 7' C/L3 _ rnx )d7-7/L7^ ru ?y? A IIAX 7? ?- ?lE?, DESIGNA'rLD ACENTPORSBLLRl9(il'applicablc) DESIGNATED AGENT VOI( BUYER (Ifappileable) Mc ??4 1 EhIB AQI'eQI11CI1 f d r d 2 is between ;-J . , a e SELLER(S): _1[tLR /nJ -- /4A `C? . .- _, I 3 fl n In n 12 13 N 15 16 17 18 19 20 21 22 23 4 25 26 22 26 29 30 31 32 53 34 35 11 3l 39 39 49 41 42 93 44 45 46 47 46 49 'vU 61 52 53 54 55 59 51 58 59 an fit fit 63 64 64 IIUYIZR('.I: Le.,?l-)C r^' r called "Seller," and l 2. PROPER'rr (1-98) Seller hereby agrees to sell and convey to Buyei, who hereby agrees to purchase: ALL_TIIAT CI1,I1T, IN ],,far piece of ground with buildings and improvements thereon erected, if any, known as: in l1w.- it-) Crony olI ..-,f) •'. I ILA f )Gk- in the Cm( mnwcn114 0l' 1'mmsylvanta, 'Lip Code _ Identification (e.g., Tax ID#; Parcel R; Lot, Block; Deed Book, Page, Recording Dale) 3. 'PERMS (1-00) (A) Purchase Price -7-t, I Z,- Or r U W f t -?.v? (.r) or, l s which will be paid to Seller by Buyer as follows: `.i (B) cash,, check In signing this Agrecmcm:_" (C) Olsh or check within daysol' the esecatinn of t his Agreement: (E) Cash, cashiers or certified check at time of settlement'. _ TOTAL (I') Ucpusils pail car 4cauua cl prnrha'c price 1" he held by Listing Ilmkm, ....V" otherwise mated here: called "Buyer!' 2 Cf1r7 ? ??Vt- $ )coon S ?s I(ll. -tor (G1 Sella x-'n n y>Pr I I h nn orb to if : ,) •.J (yl? !1. %7R '>. ?l r'.+ I'1 f.-+-I ? ??Li (H) Sad nl 1 t be nail I r b I rc?-(r^' -i'1 u J? HL k Z UO (I) Come) ance franl Seller will he by Ite sl mplc 4d .[special warranty unlessyt (rwise staled here (1) PaynlelNd nansferlabes will ire divided equally between Buyer:md Seller unless otherwise sated here: (K) Al time of chicaVol, d¢ filowing will lw adjuxlnd pin -rataon,doily hadr, hclwacn Buyer and Scllcr reimbursing whereapplicable:axes; MALI; i mcm9 nn 111111 CnYYnlnPlions; cundun:inUal fees And homeowner associaion feel, ifany; water and/or sewer fees, if any, together will,any other Tic eddh, nurnicip:d sn 'file charges are to IV Procard for the period(s) covemA: Seller Will Pay if In And including the dale of settlement; Buyer' will pay for all clays following settlement. unless otherwise stand Pere: _-_--..--_._-._1-..-.__ _• 4. FIX'rllltl:5 & 1'EI15(1NA1. 1'1101.1{I4 '1'Y (1-00) (A) INCLUDED in This at, and purchase price an, all cxixling itch,. ncrnloncndy in.vlnlled in the Properly, free of liens, including plumbing; healing; lighting Bstures (inch Wing chandeliers card ceiling fans); water lreahnent systems; pad And spa equipmenl; gontge door openers and Iransnliucrs; Iclecisinn antennas; shrubbery, plantings Aad unpotted Trees; any remaining healing and cooking fuels stored an the Prnla Ay, I We tittle of . culenle n; wall t 1 tll c rrpminb; window cove:'n((6 h idwarc, shades, Minds; built-in air conditioners; built-in appli- a(n',m.and da iang?I4n u1loss mini-wisesrld. Also incladed J?P1 AtY('re ..(1t11-`'?V'( 1A1: 5i1?l (?/Cl 11"II.'li•\(, I,"t 1 )t lC"(!.'?'N.fl1/S _!! U t l \ I (B) LEASHD4fi:ms s (items nor owned by Seller): (C) EXCLUDED fixtures and items: 5. SPECIA/ CLAUSES (1-00) (A) d uycr, nil Scllcr have received the ('unsunler bhow, as adnped by the Star, Read fuslaw Conunissioo at 49 P.A. Crate §75.336. (If) 04cyor:uAl .Scllcr have received a al:Unoenl of Their respertive ccha :acd closing costs bcl'ore signing this Agreement. (C) B)lycr has tnccivcd the Sellers Property Disclosure Slalemew before signing this Agreement, if required by law. (See Notice, Information "Regunling the Scher's Properly Disclosure Act.) (D) dj Buyer has received the Depnsil Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this Agmement. (E) The ]allowing are part of flux Agreement if checked: ? .Sale & Setdenrenl of Other 11 ropcny ? ScAlnacnt of Other Properly Contingency Addendum (PAR Pa1Aa 133) Contingency Addendum (PAR Vona 130) ? Tenan ,Occupied property Addendum (PAR form TOP) ? Sale & Settlement of Other Properly Contingency ? with Right ,, Cmuinue Marketing Addendum ? (PAR foal 131) ? Troyer lnilinls.?/r I.' 1 A/5-21C Page lnfN Seller lnilfals: l M Ponnsrlvan1a ASIOCIa(lon Of POPYalutfe PitNNsYLVANIA A.S301 INnoN Oil Jllclkl:fiol6'O Pass 2 3 n s r 9 9 m Ir t2 13 14 15 It 21 28 29 31) 3t 32 33 14 35 36 n 36 39 40 41 N 43 44 45 46 A) 49 49 5U 51 R 53 54 55 56 51 59 59 60 61 62 63 54 45 66 6! 6. MOIt'l (;A(;Ii CON'1'INCI-'NCY(1-00) t, u6 ?' WAIVED. Thisvaleis NOT lxnningr alungage linuncing. 42 ELECTED la' a9 79 . r (A) This sale is contingent upon Buyer 0a40lg munI n •c fir?nfcmg ns S (lows: r -' ( - % ' 70 _ - Z 1. Anna I nl nuaagage I'll., $ n °. Miuinnon, fenu_ yea" . 3. TYjV of nas gage -f 71 4. Interest ride I ry.' lowevel, Bnycr agrees In accept the interest rate as fully be committed by file mortgage lender, not to ' •, exceed a ...icl n't I u.", one of __'Y. 5. Di........ I ioillls, loon on,filaliun, lean placement and ocher Ices charged by the Winder its 1, Iwrcenluge of Jle moulage loan (including •• :Illy I...ova, lit....anti', p"no...... . Ill VA Iolable IL'e) all I,1 escort -% of Ills mill 19119c 11-1-1 The ilucrest role aunt lees provisions retained by Buyer WC satisfied if a mmnguge lemler makes available la 11 the right to guarantee an in"1111 rata It ... Isi..w the Masinnim Inlaid Igoe'per.fied herein Willi the percceloge fees al , ISIOw the colon it siVed led herein. Buyer , give. Sethi, the right m Seller's sob ..piton and it lunniued by the leading institallnn and npplieahlC laws. In coruribule hmmCially. willumn ' e prlail.se of reimhmsnncel, hr the Buyer and/or binder to make the above corms available 1a Buyet: - (I1) Within lOlLlysol lileesecutinO Of fill,Agic,loct, Iluycr will make n cunlplefed. wlinen numgagcapplienlion lull resixmaibicmmngagelead- ing inslimlion. The Selling Broker, irony, otherwise the Listing Broker, is amlmrired m commrmicate Willi file lender rile the purposes "3 al ofassisting I. the mortgage loan process. M I " (C) L Uponl s,irl Of a coo lgagetnmmilmenl, Royer and/or Selling Bicker will ......rally delivm' ncopyofthecommitmem to tiding Broker, flu irony, otherwise In Seller. •" _. Mortgage cuumliuncm II a xaillcn c( ninocni is not received by 'I Listing Rokcl', if any, otherwise by Seller, by the above, date, Buyer and Seller agree to extend the commitment date until Seiler ter. ? nlinales Illis Agreement in writing. aI -" d. Sella hA the ,plied Ill trionflane IIIIS Agresuicut in writing, nil or Ilfll'I'the un ngalic commlllllCal (Ime, it file mortgage commtment: :r. IS all vAnI Illl Ill ill, dill, 111 "Ilb•IlVol, Oil - ' It- Is cinin... left Itoo the anlc:uul with mint ur any ocher properly, oil C. Coalaim any other condition not specified in this Agreement. `rI 4. In the ewenl Stifle,' does not icta male Ihis Agreement its provided above, Buyer has the option to lemlinate ibis Agreement in writing if 9t IC the n.... ge r..m hoot l: ^ a. Is net uhtnined by nr valid until the lane of cull ucia, OR - b. Is condmi ued upon the sole and .noth meal of any Miner properly which do ,of occur by file [lane nl'seldr:minh OR -' e. Contains any other condition not specilkJ in this Agreement Which Buyer is unable to satisfy by the Jale of settlement. • 5. If IN, Agreement is wounnated its ycoilial in parngmphs b (C) (2), (d) or (4), all deposit monies paid on account of purchase price will b, ml lunch it fhp-m: Iluycr' will Ix revpunsible hil' any Preminnls lilt mechanics lien insinanco an[lot title senmh, Ofl'ee for cancellation " el l:llile, d :Illy: AND/t)It :Illy ....... i r..... Ill. Blll..I l...... :Illee illrll/o, fin, Ilr.llran" WIIII exlentll'd cllvel'age, llli Wallet Lhal'geS 01' ? cmuallal tun Ice, d any: ANO/(lit any npplxi id fees and duugev paid in advance m.ID..1,age lender .I Ott (D) If the munga, lender relpll....,pair, to the l1n)(V ay, Blrycr will, upon mceipk delivers copy critic mortgage lender's rectuiremems to Listing IGa lul Broke,,iffoo,mhe,,rise in Srlicr: Seller Wilk within S days ofneceipt of the lender's requirements, notify Buyer whether Seller will make the 'ill ma eluded repair in .S'eller's expense IOs Of, 1, li ,S',llel l'llll f,c, u. Il Ertl, eff..l.-.. Boy" Will accela IIV h6inirty art agree it the RELI.AS'E set both in panlgnlph 25 of 11115 Agreement. IaL II Sell" Cllw.cs Ilol III 1IcAl Ihf r"jun,il ..'pair,, Bnycr Will, within 5 (lily., .... Illy Sclic. 111 willing of Beycl'a choke to nernion Ile II119 °- ALw,illelll Oil rllake lily rl'tlllmd Itip:111S in Blryer'.., exfx...o and out, ."icller''s permission, which will our be unreasonably width ld, If Seller denies Blrycr p,nnissinn Io ..lake the mtobell repairs. Royer may, within 5 days of Seller's denial, lemlinme [his Agreement. If Ur Ice Buyer lean ria., this Agmcmenl, all deposit ninnies pair) on account of purchase price. will he returned promptly to Buyer and this 1111. ID Agmcmenl will be VOID. 11t 111 - (E) Seller Assist 111 113 ?/NOTAPPLIC'ABLE 113 Ila E'j APPLICABLE. .Sella' will pay: 111 nti ? $ - maximum, towani Buyer's costs as peraourd by Ilse mortgage lender 115 rte ? _ 16 n! .. _ to IMANA, Ir APPLICABLE .. (P) 11 i. expo sly ugrcvd Ihu' ... nvidru ...n :Illy ulhe,'l le"uus ill' Ihis Contact. Bnycr will nnl Ix; obligated In cunlpiae the is daese or 'be 'lh PmNily dc..Olxd ho'cin er to inaa any pen.dry by hot fell,." Of canted money deposits or othewisse unless Blryer has Ilecn given, in no'm'- ch r, WIIII I It1D/I'11A a' VA ro,un"a la, a wl illen SIa cnicat by IIIe rcdcrid Iloudog Cmml11as1...ICI; Velco lla Admr111.1intion. (II' it Direct 91 find..rscancol Louder selling I... it. the appraised value of the Properly of not less deal $ (file dollar am') 1 In M; 'I1 -' locoed is the s:JCS inlet, it, awned in fills Agile lncall. Blryer will have the privilege and option ill' proceeding will] Contaminants) or the con- IY[ -- unit without «gunl m the anualnl ul'tIV epryai.md valuation. The xpluaised valuation is arrived ill to determine the maximum mortgage de ?3 "r Depurmleol of Dousing and Il.h:m Ihv,luptnem will insole. IIUD dues om wanrult the value not Ilse condition of the Ptolemy. Buyer should Of whiff hinlscll7herell Ibal the price and ......Pion ollhe Pnlpeny arc aceeplahbe. 125 - Warning: S,,Ooo 10111..f ,nap, 18, I'S.C., Departnuml of l louxing and Urban DeMopmenl powides, "Whlcer. It,, the poll ose of... inllu- It6 1 ^ coeir, in any way the notion of sail' Jep:n'Ilneol ... nmkes. passes, unen or puhlishes:my nalen cal knowing the same m Ile false ... shall Ile 'r7 1'2u Riled n..I mom Than $5,000 nr no,...... Ve in l Inure than Iwo year.:, ,MAW." Ire ' Of U.S. Oepurl nlen l of Iluusing and th Into DeYelupmenl (IILID) NOTICE TO PURCHASERS: If Id0 Buyer's Aek..owle l coacnl if ill ? nuyer has Icceivell flie IILID Mani "nor Your Plnteclion: Oel a I Inme Inspection' (.see Notices and Infommlion no Prupe ly Condition III !o;: Inslxrlinns). Ihryel' Ilnlcal:u lls Ibe impunanec of getting :m iadepelalnll home inspection and has Insight about Ihis before signing Ibis din Agracnrcnl. L. 41 Buyer', latials link, Cc' (ID Co. hi ealiun We the noule igued, Scller(.s) and Buycgs) puny h, this transaction each eerily that the terns of ibis cmnlrml for pun haw are Its 136 Isle Io be I.,I Of on, knowledge anal IMlicf, an"I Ihal any label' agreement cooled into by any of these panic$ In connection with this trami 136 117 lion is n cached ill his Agreement. 07 I31i 7. INSPECTIONS (1-98) rla Ilea (A) Seller hereby ngrec. Ill lxnuil i t lspcait by aulh... appraisers, repumble cenific".lemon's tepnewnmlives, surveyor, municipal official., ly'.I Ill and/or Blye, a, milt IV retained by Ills lending in9lifulians, iri Y, or insuring agencice. Seller furl het' agrees 1n 1Xmtil any other inspection, "fl ill let to by ..r provided ho in the Iconsof "Ihis Agreement. n Id? (B) Boyer reserves rho right it, ,,like it pre-seulen¢m work-duough i e'loca on of the Pn,V, 1,. Buyer's ughl m make Ihis insPecfion ix not waived 143 by any Olller plovl.ion 01 If,,, Agml'II on, 119 1'14 (C) Seller will have honing :cod all milo cs (including tilel(,s)) nn As the inspemions, lea Ins NS 146 146 147 1'17 fall 1411 149 1.19 1511 1°.U 181 151 152 nit r,1 g. I'IU)i'IiR'pY INSI'IiC'I'ION CUN'1'INI:I!NCY (1-00) .-. El WAIVED. Buyer undecmnnds lh:n Iij 11x, the upcion lu requesl inslxclions of the Plopray Pnyxrly Insncoinn nnA fnvinamlemal u1;1 iSU ( ? ,Nnlicesl. BUYER WAIVES TI US 01'1,-N; (agrees ul fie RELEASE gel Iloolifn pnraglaph i_4]his Ageemem. lA 1:1.un ED cn, (n) Will lilr !,j. hq,ol the us, ullorol lIli, A]accuurlll,Bnycr,:a lhyerl'exllca".only, tuml:III ]love o"p,giuns and/,r ceadjedi,coon- I'll plcl"I by liceo If ur ulbc,"se qualified poll ...i,nab ('ee Yngleny Inspection; I Five iruumemal Nulecs). This contingency,locs nut apply .. 1111111011111 '1118 CY1.'llllg l'llll( II.... i"anll/(11' l l•Ill\: "-" 1111 (B) Olher provisions of this Agl'eemeel]nay provide lilt inspection old/.. cenifrcationg lhnl arenm waiver] or altered by Buyers elecaiun here. Ian W2 (C) If Royer is nol gambird will the Condition of the Popery :is noted in any W,Bw. epon, Buyer wif, wilhhl the tlnle given of cunlplellog Ic-' all hypreliunn: Ina .. •? Oplno ] .. I. Ac'eepl the Prupeny kith the inlina'alion waned in the report(s) and agree to the RELEASE set full, in pnogmph 25 of this AgreemeN, - OR .o, _. Tenninxm the Agreenonl in willing by notice to I.i'ling Broker, if any, ulhermise o Seller: within 'Ile lime given fur inspection, in which s/ and cane all dcpnsft ninnies [);fill on account of plnchase price will lie monied profanity to Buyer and This Agreement will be VOID. Its „ ? Oplinu t_ 1. a I. Aacpl the Pngamy wish ;he infonue ion ''I:ucA is the tepol(s) and agree In Ibo RELEASE ,( forth in pmaglaph 25 of this Agaxmlcal. r, UNLESS the pawl cost to cost the Conditions contaiucd is the renmt(s) is mono Ihun $ ' I1 II the oaal cull 14) Collect the conditions conlained in rim relents) EXCEEDS the anlounl specified in paragraph g(C) (Option 2) I, Boyer Will deliver the repor(W In I.isling B. of •u irany, otherwise it. Seller, wilhin the little given for i i' load. ' t Ili U. Sever will, wilhin _ days of receiving the Icryln(g), illmall Buyer iu Wrif ing of Scuers choice to: 'da 1.. (1) Milk, repairs before settle nlcall m than the remaining cost to repair conditions conlained in the felon its) is less Ihun of equal to Ile I,G the uoarwa la,l fied in pmugmph g (C) (Oplion 2) 1. " - QI Ocilla BIIyo al sc l,inenl for IIIe dille2nct, -ea Ween [lie RS111 n;11Cd cost of "I ;ming the coalitions coadvill.1 in IIIe repeals) I: ANI IIIe alllnllol'I 1' hell In p.oani laph 9 (C) (On)ion 2) 1.11111 option rlo'l W accepodile In (fie Il ongage lcodllt', if any. (3) Not I eel c netainS mlit ant e;ed'i Boyer' (II tic ulencol I'hll' Idly dL` cl'I' III ]]]plot 111111 ltal hlllll:l of lac re]x n6o. ' h. If Sc)lcr Jwn'e' m make repair. m credit Buyer;.'clllarm u1 specified in panlglaph It (C) (Option 21 2, Buyer will ac'c'ept the Purmn, and aurae In Ibe RIA I ASF.,I funk i,I P.r.,,nrph 25 ul'ahhA penmen]. II Ii P,,,l,l1.e. fan to real.: repair, and not ICI "redo] Ruccr:n szulanral. or if Seller fills to Choose am oplina ifiin the little ,.. gilen, Buyer on], wohio Buys: ;dv (i) Accept the prulxrty with file notunion in, slated it the report(s) and agree 1o she RELEASE set fnnh in I amgruph 25 of this fat lay Agreement, OR Isti Icnnfmne the Agreement in writing by nonce to Listing Brokeq If any, otherwise to Seller, in which case all deposit monies se paid in Imemml of puchltse Intel, will he remnned pr radly to floyer soul ]his Agrcernenl will In VOID. um 9. WOOD INFItiS'I'A'11ON (:ON'I'IN(:ILN(11' (1-00) la+l 131 ? WAIVED. Buyenundoso Is chat Buycn has he ,pit... lulequesl[hal the Properly lie inspected for wood integration by a certified Peal Control 1 a I 1911 Operu m.. BUYER WAI Vh.S TII IS OPTION and agrees to the RELEASE set forth in p:uagoph 25 of this Agreement. Inn Iii] t ELECTED 191. rs: (A) Within +-- doy.,f'(lie e.c'u iml ul this Agrcernen(, Buyer, it Boyc 'g expense, will obtain n written "Wood Destroying Insect Infestation e e Inspemiol Retain" Gaul e'en hot KM ('uoaol Ope alor and will deliver it sod all .suppening docoofeel, and drawings pl'nvided by the Pest ^;e ... (.'llllhol Olx'I'nn,III Ieong Broker,l];IIIy,o1he'.ke If ScHer1'lionepor1is 1(I thoue(le lali,llll'ay ill 111I,]inc.... ildiace will) applicable laws, 1nI a,mgage old ]ending inNihnions, and/or I eenal Ile. wring and Ouxameeing Ageney requirements, it ;any. The inspection will include all aead- I9h 1911 fly visible ; I Accessible areas of all structures on the Property except the following structures, which will not be inspected: 196 191 19, r, (13) It the n..1.0n ll ILVra]s evidellfc If a('Ii YC ildCt llll,ll(n), SellerJgive,, 111 Sellen'S cIlICr1Se alto] IVIM.; .willenni.l, of Ineat 1111: cif" meow laa rail ILLIDI.), In aernrdanci, Willi appheable law,,. Ids rfn (C) If the inspection reveals dlmtuge I1snn active fnlilolion(s) on previous infeshlliol(s'), Buyer, al Buyer's expense, has the option In obofn a wrfh 2a11 -'01 cell ,Pon hyaI l'e'sinnll conmlg,l'. Inane inspecion se ......... n" Ill engaloer than is limo lad losUunnral damage m file Pngxny cloned NI by wu,ubde'I nlyblg ongonisoI, and a proposal II npuir the damage. Buyer will deliver the sunaura twinge tenon and correoive Proposal 1, •'-. Gsl lag Illnken, ifanv, uthcrwiyc Io Shccq will hl-_Anys of Aclivcring Ibe 'anginal inupucliou rcpolt. All (D) WIIIII 11 5 days of Ile. I i ag IIIe 5h'uct um( damage mlwrl and ronnciivC proposal, Seller will adv is'e Blryer whether Seller will repair, al Seller's out 2E ,.'"grand ]lefore s,all emCol. any noncom] tannage I'm uclwe or prcviouv infewxlkno'). I roe II (E) 11 Seller cusses In repair souenmd dalnagu nrvedeA by the report, Ruyer agrees ul accept fire Prupeny ag lepnfled:uul agree, Ill the RELEASE a .1 f,1h in ps agltlph 25 of thin Agrccmcni. a, (17) If Scllcr chooses on to repair sb'uclelill damage noveNel by Iho report m- f all; to respond wilhin the lino give,, Buyer: wilhfu 5 days of : vn 409 receiving Seller's rice, will folly S01c, fn writing of 13uycr•s elonce to .109 >ol I. Accept Ibe Poleny with the dclecls rovea]ed by the inspection, without a iatenlenl of Price and agree to the RELEASE set hall, in parr- ?ta n graph 2511'0his Agree,wal, OR : 11 _. Make the ncpuirs "for, satlcnhcnl, if rcq(lirell by life marl gage lender, fl any. ill Buyer's expa"t, and Will, Seller's permission, which will .: . r.1 out Lc to 1o ,' Imlbly whbll: ki, in whidl rose Hay" a agns the 14oix•ny and agrees to the RELf3ASli set ]lath in pluugraph 25 nl this I'I:I t,1 A6n'emen1.11 Seller d,ow, Buyer Ienn ,,olo 1,...aw, (Ile al Buye, may, within 5 Jaye of'Sello 11 denial, Ienninale ]his Agreement, :'N l IS If Rnyt'I' I'lloo .fee Ili, Agnew 1911, all depute it ninnies paid o I account of pmulrrse In ice shldl lie Itnunned promPlly 10 Buyer and ibis 215 4;6 Agrecoxol will be VOID, OR la 1 Tennioale this Agrcrnluli, in which case ;dl depnsil movie., paid on account of purchase price will be returned prenatally to Ruyer sad " m it,,, Agmcnlom will lie VOID. 19 II). It IiSIDRN' I'I A I, LEA IMIA SI':D PA IN'I' ITA ZA it l) It 1': DI ICTION A( .:T NO'I1CR It NQ U I It [A) FOR 11HOPERT1 S ::lu 220 13UIC1, BEFORE 3978 (1-00) .. . 1211 211 J] NOTAPPIACABLE 221 rte ? APPLICABLE .... (A) Scllcr represen L[ ]hN: (chcek I Olt 2) ? I. Seller has no knowledge concenni og the plemnee If lead-baud pain) an l nr lead-haled prior hazuNS in m about the Property. ")a ? 2. Sella' hots know edge of the pr, esencs of lend-bused Isla, and/or lead-lbase I pa]]]ll loo,al its III or ;]boom file PI'op¢Ry. (Provide the bAglg for '12.11 (eletion...Ig that Jemf-lassed pall]] Inal/, Icccud, ms" the local ...n(g), [lie condition of Idle planned aurfince.' anal oilier' available irdorma- C4 2'!/ (dol) coneenllav Selto"k.... WIWIge of file priclence of lead lau'r.I pa]]]ll an,(/l.. Ic:N-based p;lln( fiat:odd.) 21, I(II /a a2a IB) Iteamlg/liepnr11 (check 1 OR 2) :?211 r%111 O I. Sclic, has no tenor], or records peronning to Iced-based plant and/or lend-bused pain) hazards in or !liver the property. 210 181 ? 2. Seller has powuled Boyer will, all available record'and reports penainfng to lead-hosed porn)( and/or lend-Owed paint Uoeneds in or about 2tI _f? IhC Pmnelty. (Lim d(x'unxNS1. 239. 233 211 2J4 (C) Bayer's Acknowledgement tad 1111 ? 1. Ruyer has received the punlphle(/honv'I YuurI il,fI.... Le,tier Yonr flonle and has mad the Lend Warning SOremenl contained in this 2a5 ., Agreement (See Envallsoncuo] Notices). Ruyer" Initial, Date ? 2. B y -h r f I S If - ' I' l of k 1 I N b 1'ed pan, and/.. I , d l "cal p i n b ,a t, as ulcnlufi d in pan agnlph 10(A) and :a .'I lit b I dc uo .1, nonfiction, hail 1 ng tu fi,ad fl, net "anal . d/ l.td haled India l 'lids ld(.aNred in Ixungolph 10(13). 3s 110 it dyer s In lull Date %aa (D) IJ ASSESSNIEN'IANSPFUI'ION: ME,, eckuurvleJges Ihat bel'mv Rllycr is uhligaed In buy a residenli:d dwelling 6(1111 IVkoo, 11178. . Bay" I 1 : 1 . , a I l l dal)' I ...... I l i .... ," Bu IIJ S,fl, 11g'l," 111 van no, a,,"dll1uu11 ICI that nI 111111 )rrlllll I if task a,,I.,,' is 11 I,, in,(I LIlIYI nI he Pn,,i,,1, I", file prl,cn,i, of lead-ba,caf pl...a i I/111' Iealfhasell paten ha>ard, ' WAIVED. ]toy. m11d,•r,aald, m. Ouyer h:, me right to condo,, a risk luses,nlcm nr insixontill III the Pror l'ly to delonl ne life plesellr:t III ?.? . a, lead-haeed palm and/ur Iliad "based pain) hazards. BUYER WAIVES'I'Ii1S RIG] I'rood agrees to the RLLFASI: set limp in paagraaph 25 at . ,. Ihi, Agrccnlenl. u ? ELECTED 'a 1, Buyer, aan Boy" r'z ogVluc, uhuosc, lu obtain a rink nsse,smcm and/ur in,lVUiun of the Property fur lead -hosed India aid/. (Cad-based p.....I 1l:ri:lr11,.'1 w Ii,A :...... locall iunt/111' ll,l,r'i 1111'.1 II IV elllouried % vanilla __ days if life execolion ill dus Agleclnent (in,L•I'I 10 home„ IOwcr i I S,11,, "grec m:1 'fill ....... "i(ryd ul lime). Wilhin the lime sal fit fit nb(1ve for obtaining the risk assessment and/ur buipecl ion If life Properly for lead-based point :uW/or lead,bnsed plain[ haz:u'ds, Hul'a' flay deliver In Listing Ih oken, ii' ahoy, otherwise to Seller, a written list of the specific haztudou,' condition, co'd in the npum and Ihusn Commons re(l1wh.d by Rlryeli along with a copy o1 'the risk assessment and/or inspection repurl. 1, .5'110, nl:Iy, cr,din__ Jay, olrLc,iviug l he list i I,civil ls).'uhf nil if Writ fell corective proposal to 13ty,, "Phe cnrredi ve In opma] will include 1 1 lam he 1in111cd m, Ihcuame all the re.nhaiun calmp:my:ual a cunlfile] ion Item lir' corrective measures. Seller will pnl- ink,till(Ir:1ono 111111:1I',%kaV.'t"'II'111 of\Ileton than 1111Ieclin llle:l...... h:wc IRcu I b ace 1:III(:II'1...fy 1111 in before life c'omp1e111111I]:an. 4. Upon mc,ivolg the [alrr,,ave proposal, Buyer', within i days, Will: a. Accept the corrective pmposld and the Properly in Writing, rend ,Free m the RELFASE sea fnnh in paragraph 25 of Ihi, Agreement, ." OR h. 'I'c1'l oinalc his Agreclnclu in writing, ill wind, case all deposit nannies paid on aceoum n1' purchase price will he returned prinnplly l,, tiny,, and Ibis Agoeclncal will be VOID. ... 5, Shorld Seller Fail to snhlnit a wrillen enrreetive proposal Within file lisle Set furlh in paragrllh I(X D)3 of this Agreement, then Buy, -' with... 5 Jay.,. Win: IL Acccpl the I'rolxrry in writing, o.l agree In the RELEASE set limh in ponatuaph 25 of this Agreement, OR h. 21,nninan, Ili, Agrccnlenl in writing, in which acs,. all depnsil .Onies paid on account of purchase price will Ile le ulned promptly ?.? "I to 0uyei and this Agleclmmol will IV VOID. a_ sc; (E) fRrllficafinal By Sight lag Illis Agleelnelll, Ellyel' 31111 Scllcr Cerli fy Ilie accuracy of their respective siath (Melts, [a) atic best of Illeir Knowledge. .U it If. RA DON CONTINGENCY (1-00) all (A) Sc•IICIfor,1n,than: Ofi,1,'k art ... lprlal, o,Ilauec(,)) .. ? I. Sel]cr hi.. uu kooo-Uly, ahn,cnlillg Elie p¢sefce ur Menace Of.dun. ,. ? -. ScHei has knmvlcdge Ihxl Ew Prulmly was leafed on the allies, by the method, (o.g., charcoal canister, alpha back, etc.), and with the .. M resolla of all tests indicated hclnW: :.h eta DATE TYPE OF TEST RESULTS (piCOl:urius/liter or working levels) :aa COI'113 OI:,ki.L,%VAII-AIf1.E'I'liS'I' I41"POR'PS will ls: delivered to Buyer wish Ibis Agovnlmn. SELLER DOES NOT WARRANT .? EI"1'111'(( "1'llf. NIETIIODS OR RESULTS OF If IF. TESTS ,1,a ? 3, Seller has Knurvledge Ihul Ibe Pngleny undcrwem rnQun nalurlion rwmules no the dalgx) a I by file method(s) indicated below:. a _n. DA'I'S RADON R FDI X710N MITI'1fill) .. ? WAIVED. Ruycr undcl,amP Iha1 Ho'ej has in, oplinn Its regmcsl that the MoVoy Ito inspected fill radon by a certified in,pmelm' (xe Radon I Noluo. HUYI!R N61I VI S'I HIS t lYl'ION and ogrcas to the RELEASE.vcl limb in pmar,upla 25 or this AglYenwill. ? CLECIT!1) .. (li) Ruycr. in Hovel's CNIWIISC, has Ili, npliun to alum", linlu x celiRcd inepcelor, a radon lent Ed hn Pmpeny and will deliver 3 copy oI Ehe test -- repurl Io Li,ling 11...ke. iI any, uthcrwise Its Scllcc villoo--,toy, of the n,eculion nt this Agmcmelu. (.See Radon Notice.) 1. 11 Ihr ms1 repurl rn oal.v the par O1 oulml IV Iuw 0,02 winking levels (4 pi"au... " lilel ), Buyer accepts 11¢ I'ugluny ain't agrees In the ,. RELEASE set (dual, in]xuagmph 25 or his Agremucal. it tu:+ 2. 11'the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picaeuries,/lite), Buyei will, within, days ,Ili of r,,ci,t of the ¢sl r"oh, a ? Grf..1 , , . ACcean the Pn la,u), in ,riling and agrec lu she RELEASI'sea loch, in 1,nitg.pll25 nl' Ibis Agroomenl, OR b. Not... in, la, ACIlc111c111 an writing, its wllich'a" all dclalsil monies paid on account of pmehase price will 1w lelum1,d to nnpEly .. It, Boy,, i I Ibis Aeorencnl Will IV VOID. OR r d. Sllbnon a Wine'), en occu Yl• proposal ill Listing B,aEkc•I;, If ally, 111 ICr WIxL' III Seller The couocll,e proposal Will include, but no, be a 9uu limited! lo, the nure of Eric cenlEed Iningainn con,pain, pmvi,ions fin' payment, including refens; and emnpler]on done for cosec- :Ili aa! Idle Ons"Onel. 311 III Wohin 5day, 1111'Como, the coto,cliv, 11r1powl, Selfe, will ,I le? I:d Agile to the lens of the cnl'rective proposal in writing, in which else Rllyel' :accepts Elie prnpCny and agrees to Elie i, ma RELEASE, so l6mh in p:uagmph 25 of Ibis Agreement, OR 4Ua won (b) Not agree In the Knox rf the cimmi,twe pnlposal" vN (2) sl a dd SCncl' not agree In the IClin, ut the caneclive prnp11sal an AIR to respond within [he lime give,,, Ruycr will, within 5 ?. ,. Jays. o),,I l,a ,., as I:d Acccpl the PrOlich, in writing and agree to file RELEASE set limb in par'ngi-arb 25 of Ibis Agmemem, OR ..1, ldn (ht '11,noma a 11115 A,rcen,cm in non" 111 WIEcll CJSe all depn,ll mantles Find on account offrunchase price WIII IV returned WB ..1. prunlplly to B"Y'a inn I Ihi, Agrecmcnl will IV VOID. -a1 n. Adcepl the Pngmfy in wait ue auJ ugrce to ale KIiLGA51i xcl fnnh iu paragraph 25 ul' Ihis Agrecmcnl.OR Il. h Submit a vauWa, dorrcoive proposal u, Listing Rniker, iF any. oth wise m Seller "Phe colmaive proposal will include, but lam M ..,. ..,n Ralacd 0. the noon, of 0w certified nliligaion company; provisions tin' paynlenk including retests; and completion dale furcorcl sr'r ?. Jive... ensures. Scllcr will pay a nrmiuulm of 1i _ , toward the total cost of reincarnation unit retests, which will be ,1., cnlnplclod by seldmnenl. .,., (1) If Ibe anal I,,] ul .eusdialiun amt a1cs1s EXCEEDS the amount specified in paragraph I I(H) (Option 2) h, Seller will, within .n. 5 Jays of nlecipl of the cuss at duo cdiatinn, notify Buyer in Writing of"Seller's choice ill .:, l (h) Par lit the mad rnsl 01 remedialiun and rmeus, in which case Boyer accepts file Pooperly and agrees In the RELEASE an ui r fo1'I1l in p Oaglaph 25 all E lix Agreenlcoa, 014 1 1 . In Nul pay lire'she Imal cnsl of rcnlcdialiun and wc,m,, .. II' Seller cbaoacs no, ,, pay fu the III:J cost of onaJiabou unit a msls, ur it Scllel' fails Ire Choose cilhcr opRlm within the .. ,Jne given, Rll)'e1 ,all, Wlllion i ky, notily.Sellea Ira Waiting nI Five, Is clonC1 or Lit Pay We duce,"" helw¢n Scllcr lS cnnlribullon to mnmdialiuu and mlc,lx and Ibe actual cost thereof in which ,,W Huy" aecepls the Property and agr c, it, Ihi RFLEASF xcl limb in paragraph 25 0l' dos Agrecmcnl, OR I Ihi '1'enniu:uc this Agmc(1lchat, in wllich Case all depnsil loonies paid um account 01 pllrchese price Will be relumed Fl OcIP ly 1 .., Rai In Ruycr and Ihi, Agr c urn, will Ile VOID. 1 16 92) . 11 330 331 33i 333 334 335 33fi 337 3311 379 tae 341 340 Sla 344 14, 11:. d 343 349 350 351 IV 353 151 JS, 356 57 358 150 360 361 352 363 364 365 366 367 368 31,11 370 371 312 3/1 374 375 376 371 a hl vs 4611 391 vrr la.. ,04 1m; 3116 al. 3411 3111 run 391 302 393 191 395 J911 397 390 399 460 401 462 403 IN 465 446 407 469 409 410 411 412 413 414 415 446 12. STATUS OF WATER (1-00) 330 ._ o (A) Seller represents that this properly is / if by: 331 ? Public Water 332 [?- Ol-site Wmer 333 ? Community Water 334 ? None 335 ? :130 (B) WATER SERVICE INSPECTION CONTINGENCY 337 ? WAIVED. Buyer acknowletgcs lbal Buyer hm the oplinn In request nn inspection of the wine, Service fur the Property. Bi WAIVES 396 THIS OPTION Intl agrees (m the RELEASE se[ ionic in paragraph 25 of Ibis Agreement. 3'19 ,' ELEC9'ED ,Q :uu , 1. Buyer has the option, within l-^ days of the execulion of this Agreement andat Buyer's expense, to deliver to Listing Broker, ifaoy, 341 otherwise to Seller, a wr life" inspection report by a qualified, professional water testing comparryof the quality and/or gnanlily of the water at service. III 2. Seller agrecs to locale and provide amass to the on-sire (or individual) water syslem, if applicable, rot Seller's expense, if required by the 114 imilcl'nan complllly. Seller al", Jgwr, I(1w,mat Ill l: Properly p. 1,,, m xehlenlell(. 1 3. 11 [lie vixon reveals that file water set vice does not meet the minimum slmndan, Fully applicable governmental amhority caul/or (nits to ,16 sarlay the requtrenranu lot quality :rod/or quantity set by the mortgage lender, if any, Iran Seller will, within T- days of receipt of :hr7 the Ixpmf, amity Buyer in writing of Seller *x choice lo: 346 a. Upgrade the wale, service m the minimum acceptable levels, before settlement, in which case Buyer accepts the Properly and agrees :149 lm the If .LEASE set finch in paragraph 25 of Ihis• Agreanenl, OR 05u h. Not upgrade the water service. 351 4. If Scllcr chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within 352 days. cilher -' 351 AcCepl the Proper) yan,l Ille w:aer r, vice and 1, iI Iequ ilLd by (lie rom gage Inkier, it ally,and/orany graver!line anal m Muni ly, upgrade .L °'.d Ina: water tier vice larki. a el Montano all' Wida 11 the IIart mgt!il'ed by the Ilna gage lender, d any, and/or any governmental author Ily, ill :I:.^, Buyer's rxpcme and with Sellers permission, which will mot be unreasonably withheld, and agree to the RELEASE set forth in 955 pamgnpb 25 orilis Agreement. If Sellerdenies Buyer permission to upgraderhe waterservice, Buyermay, wilhin5 days of Seller's 35/ denial, lenninare Ibis Agreement. If Buyer Icrmimnes this Agreement, all deposir monies paid on account of pnrchaae price will be, 058 renuncd p viably III Ifuycr and Ibis Agmcmmol will he VOID. Off 3'sY b, Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 366 and this Agreement will be VOID. 361 13. STATUS OF SEWER (1-00) 362 (A) Seller repmsens that properly is Served by: 363 ? Public .Se war 354 ? Individual On-lot Sewage Disposal System (See Sewage Notice 1) 365 ? Individual On-lot Sewage Disposal System in Proximity In Well (See Sewage Notice I; see Sewage Notice 4, if applicable) 361, ? Connmmity Sewage Disposal System 367 ? Ten-acre permit Exemption (See Sewage Notice 2) 360 ? Ilulding Turk (See Sewage Notice 3) 369 ? None (See Sewage Notice 1) 370 ? None Avnilabldil rmil Lin ian... is in 011ect (Sec Sewage Notice 5) 371 ? ,i_ 112 (11) INDIVIDUAL ON-LO'1'SEWAGE DISI'USAL INSPECTION CONTINGENCY 373 ? WAIVED. Buyer acknowledges Ibnt Buyer has the option In request an individual mrlol sewage disposal inspection of the property. BUYER 314 WAIVES TUTS OPTION and agreesin the RELEASrd set birth in paragraph 25 of [his Agreement 375 ELECTED 316 I. Buyer It,, the oplinn, wish in __ days of the execution of this Agmenicm and at Buyer's expense, to deliver to Listing Broker, if 377 any, olhc, 1" lu Stale; a W, ,Ito inxleclinn rcpurl by a qualified, proessi0nN inspector 01 file individual on-lol sewage dlsposul system. 1/9 2. Seller agrecs lu locale and provide ;macs lo the individual 0n-1o1 sewage disposal syslenn, and, if inquired by the inspection company, 319 empty the stian, talk, :,l SeptCs expense. Seller also agrees to restore the Propery prior it, settlement. 306 3. If Int ,stun reveals debed, than do nor acquire expnnsinn 0, replacenlem of the existing sewage disposal system, Seller will, within 391 _ days of rt'l,qu ul the mpun, notify Ileyr, in wailing of Salle". choice ro: 392 a. Correct nc, dufale hobs leflcnlcut, including relcals, al .Seller's expunsc, in Which case Buyer acccpls the Rnlw ly and agrees In oj Ibt RI LEASE sc1 funk in paragraph 25 of Ibis Agreement, OR JU b. Null contact the deniers, or it Sc11n fails to respond within the time given, Buyer will, within, days, either: Hal (11 Accept the Momty and the system and, if requilnd by the mortgage lender, if any, and/or say governmental authority, cm met 3afr 1bc d,hoo, hch,rc scuirnical tar within the link roponcd by the I page Irntle, if any, :rod/or any gover0...Count naharily, al 3187 lhlyer'a x111, a%Isi :IlllI Willi Sola'r', pe.... 1.\'a1...I, March .111 all 1, unre emnably wnhbeld, mid ago" lm 111, RCLEASE set Jab to in pnagnghh 25 0l' in, Ainam.rnr. If Seller denies Buyer' IV.... iron 10 correct the defems, Buyer ally, within 5 days n1' 360 Seller's denial, feminine Ibis Agnomen(. If Buyer lenrinmc[ this Agitation, all deposit monies paid inn account of purchase 3911 in will he relunmd la inaptly to Buyer and this Agreement will be VOID. OR 361 (2) Terminals this Agrcenlem in Writing, in which case all deposal monies paid On aceolml of purchase price will be retnmed 392 factuality to Buyer and this Agoleucnl wilt be VOID. 393 4. 11 nci revcaf, tic aced u, e, pP; I tar eloace the existing individual om-Ill sewage dixprnal syslem, Seller may, Within _ days 39.1 Af remipl of the report submit:, con"Iivc proposal m Selling Broker, diary, otherwise to Buyer. The corrective proposal will include, bull 345 not be limited Io,[fit nIt nart 'the conedurmacnapany; provisions for payment, including retests and completion date for corrective men- 396 sates Within 5 days of recei wing Seller's corrective proposal, or if ro corrective proposal is received within the time given. Buyer will: 391 a. Agree to the lennsnf line corrective proposal,ifaoy, in writing, in which case Buyer 0ceepts lire Property and agrees to the RELEASE 390 SCI forth in paragraph 25 of this Agreement, OR 399 h. Accept nine Property and the syslem and, if required by tire mungage leader, if any, antt/ur any governmental authority, correct [lie 400 dceels before settlemenl or within the time required by the mungage leader, if any, and/or any governmental au0urily, at Buyer's 401 s01o expense and ,all Seller's permission, which will nor be rmmasonably withheld, and agree to the RELEASE set forth in pan- 482 graph 25 of Ibis Alarenonl. If Scllcr denies Buyer fa nnisi In correct Inn defili Buyer may, wimlm 5 days of Seller's denial, ter- 103 minale this Agmenlenl. If Buyer lemineu , his Agreement, all deposit monies pair) on account of purchase price will lie outlined 4114 promptly m Buyer and (his Agrea:arent will le VOID, OR 405 C. lainst ac this Agreanenl in writing, in which case all lie it amnics paid nn account of purchase price will be rammed promptly 406 or Buyer and on, Agreement will he VOID. 407 14. NfYPICFS, ASSES.SMRN'IS & CF. 12' 171+1 CA'1'RS Oil OCCUPANCY (1-00) ma (A) Seller represaals as of Seller's execution of this Agretnlenl, that no public inyxnvenlem(, condominium Of homeowner associali0m assessments fall have lawannll, agairmlthe P,oli which remain an paid and lhal coronet by any government or public authority has been served upon Seller 419 or :anyone on Seller's bchall, including nolwa, retuning Iu viol:uiens of moing, housing, building, surety or lire ordinances which remain 411 unconecled. and tbal Seller knows of no condition that Would Coastline violation of a ry such ordinances which remains uncomected, unless 412 otherwise specified here: 413 414 416 410 1131 S,Innr koon_1 „I no orhel' Inncou:d...iii ,(ndnlfm? viohoinn,a) nod ns.ecM..c..I,'""I'l r, Glum'., -- ? ? e .. . IC) In the cvc u: )tool f rd Ji gall, iul and saa, n. us are received .IIiC', ecuu ll ill lh3a.. ttunem anJ Mlinl. „IIIC'nlenh Seller will ?r. ends y HUyot in Oo nit, w hhi15 JUy% ol'receeing the node' of as,essmelr, thin Seller wish I. Cmni ly With notices Lord io,r-manr, al Sella', expense, in which else Buyer accept, the Property and agrees to the RBLrASR set I'mID 1... i.I p:u.nenlph 2i ill lilts Ag"' neir. Olt N(1'I' nllnply with nuliec, LoU I im,"o...l s m Sellerexlx`nse, in wlleb ;,,, hoyer will .... lily Seller wilt .... Slily, in writing lhnl Blryer l.. wile a. C'onlply wish notice'roof a"e'Lon 1, 3I Buyct's e.,V'oe and agree In file RELEASE e] R nb in pllmglaq.1, 25 of this Agn•ement, OR ,. I,. 'leinin:ae )his Ayleelnelll. in wine, cane all deposit II ..... es pal,] ...1 acco..m of purcbnse Price Will IV m Lost pinn.lily In Buyer L:1 1111111 Ili, Ain,,hrof \,III IV VOID. 11 11 ater lldls IN wfirs Sella is hit in the axle gh en, ltuycr accepts the Properly aad agrees to file Rl?LBA SG set lhrlh in yarn- "r apb 25 or ilos Agreement IDI Buyer -Rh iced that :nrous Io a public mad awl require i'; ulne, of a h uli"i"' o"opnury Iwrmil 0rnl Ibe Deperunrol of Trnnspinnawn, If_I 11 Rq...... I 1t, I'1\ . ,\1111111 Har I of lb, a,c,m 11 of lhl.+,\lve,on.lll .Sellin ,,If lord\I )Ili deli, I). [I, Sell ...g lboket', I.:lofny, IIthook, !. III 1311).! n ill Melt..' Yetllelllilll, " L A mndiaai.... loon the uppmp.iul, ,,...."'pal depanman ur feparuoens disefoling nmiu, ofany oneol'oectcof violation 01'2 unl.. g, bon,- u. h.. iWing. .:dip- no It.e m1larces, sND/OR ..r _. Acefilic.o,l'nliuinglrntpun:yIll" the Properly, In the even,.eleit S/improveRWIAS one retILIRW For the issuance Mlhe ceniftcale,Seller In. will, within 5 days 01 Seller's n...IR 0f Ibe rcyuileoh nta, notify Buyw' of the aLlino nwms and whether Seller will Irate the required a); mpain/imporv..... Lilt, tit Sell, f', rape..,.. 11 .Sella Ch.N„o, Loin ILL In:oho the r.q..ircd rep:.... ngvnvcn)cnLS. ltuycr will, within 5 d )...... Lilly Seller in writing if Buyer's chuim to total - uatcIll:.A__,concelOlt look.the q,ROAolnLWf... col, at ltuycr s egw0sc and with.SellerILL IwnlifeAll,whichWill 1101IV unreasonablyWilli- lit held. 11'Scller denies Blryer Iwrn)ix,iol to nwke the required repairs, Buyer nmy, within 5lily. ill' Seller's denial, lenllinate Ibis Agreement. If lit 11. Royer m0ninnle, IN, Agree nlcol, all dep ea ..mows paid ml recent, of purchase price will Ile returned promptly hl Buyer and This Agreemenl CAI r. will IV VOW 10 IS. 1'I1,LF'sui .INS&I'/15'rs(1-00) ,.r (A) The Pnfwny is Iu be conveyed Info and clear of all Bens, eoewnhonus, , and u;,roVoR, 13XCCPI'ING I IOWBVU the following: muting ., . .. deed e'n"Iiune, hiss 1' ( p'6ervaliUn tcs'niiflinn1 o1' mtlitiou Cs, building re+'Virlinns, rnli vince+, electricals of m:1111, casements viable npnn .'.. 0R, I!..... I, I;....... in, if Rl'ol'd, It.I Vdi Le,C l,I i'S1, of I)I.I)lie'enso e'o,opltrltl',ti, if ;lily', olliciny;se the title to the Rxise de erllvd tell estate if It.' gluLf'ond Ileol e'tlhk and Inch :Il' will 11 IRIIIIeII fly it I'.pllhlhle 1lle I.... Inlll('t• Company al Isle mglthn rates. 1. (B) I'1 the event Seller is unable In give it good and ...inkelable title told such ax will be insured by a l'epulable Tide Co Italy of the regular noes, - "- as spciudwfl in pwnpnph I5(A). Illrye, will have the option (If taking such title 11s Seller can give wilhmu changing the price Iti of heing repaid e .? all ill( llicIlall.I by Buyer to Scllcr of acnnun of p... efe c price and Seller will re l... R,r ltuycr lot any coals inclumd by Buyer far t hosedeal ,lwcil lei of p:nagmpb ISO) (I0J is pnrmraph 150)1 deal, (1), (2). (3); nod to the lallm'cvenl Ilmfe will M: a.. farther Nubility or obligalion Lon either of dm panic, hf¢1u and on, Aglecmmill will belonle VOID. (C) Any serve)' to covey, which may t.1: required by the Title Irsunnme Cmnpony or the aleincting motley, Poo the prepa anion of v1 ode puke . Ic,_:d d"e"I'lion of lt.. Pmperly IoI' It., wnlcai..o Ihemo), will be secured and paid in by Seller Iloweveq any survey or surveys desired by , , Bnyel ., el'on"d by lt.. non Ip" I"eler wit he w"'i'd ilmI paid All by Nye, 101 Iblyin will pay lot the fallowing: III "Ibe prcnli..lu to nlecllanies lien insurance 11nd/or tide Leitch, or fee lot cancellation of sail, if any; .., (2, '1 IV Reno , lot Ilund ........once and/nr lire insurance will extended cuvauge, insurance hinder charges or nineriltiint fee, it uny; n,,i (3) Appruisnl Ices wu1 charges paid in xdvatrcc to morleage lender, il' any: (4) Buyer's customary settlement costs and accruals. I f6. ZONING CLASSIFICATION (1-00) „ I Finite of Ills Agecllllot III e.... not Ill, /I Ing L' ie"l lt'a1n In Rx"I'l 111 ea,e, when, the pf(IlKny I:Illd eadi parcel Ihew.1,, If sill%h,ulable) is ing ed ... solely III' pl'nlen dl ' If I.....nno 1111Lfe Lon l)' dWellnes) ,,If I'Ills if,., AgiY(•Inen, Voidohl,, ill The oo Idol. toff Isle Blryer• and, if voided, tiny deposits kn(kred by Ibe Blycr Ivi 11 Iw mmnl.. I ILL the Buyer wollool any rgRiR,,nenl tin' cool, aelion. r L Zoning (16slfrali(In: ! . f , IJ .. ? fl.fMED, Wilhio _ d:p'1 I It. efealli e, 0f Ili, Agrcenlonl, Illyc1' will verify Ihm the existing use of the Pmperly its ?. _ is Iwmliuul. In the eveol the Ire is not 1lonniaed, 1luyer will, wilhin the lime girt', fin I' Iii-ali..t Iv I.nfum It '.Balls, utl n'i. •.Srll,r. in w' :trop 1lim 11r (':.ling twill Ila' Prolwtly i5 nut iKnnoted and Ibis Ago„nrcnl kill " \011). IN wl...1, case ill deposit monies pilot on a,counl ill ptoClwso Brice Will Iti• resumed Promptly 10 Buyer. Buyer's .. ra fafhrre In re,iuuuI within Me little gb en will crnefflulel WAI VER of this contingency and all other terms or this Agreement remain in d„ „ n full furee and'MIct. .I AI 111 17. COAL NOTICE: In i 'Q. NOI'APPLIC.AI41.1. b APPLICABLII a IitnlMNl'MINII'll N.1111I1 I IIN+11, 111.1N111I1,INlI1-111 rA rN,11111.'lilt till ,Ili 1111'.(%).\I ANnllll:lllti,lrx(II•IV)I(1' IINnlargNin 1111.xURIACE LAND ..r loss( I, IRE,I ell 11 l'I:aw:n'f01'Ho In.ANn"It It I OWNI'R OR OWNnnS Of 511CI 0 CiA1. MAV I IAVI IIIf COMPI M: 1.1.6AL RRAll' TO RIAWVG AI.L SUCH MAI, AND r/S IN 111111WNH RIN.IIIII\IIL 116 n1'+la1 lO lilt %OIRI11: 01 TIIII LANOAMPANI'I IO1611. ot'll RNOOR('II lit sTIRI 7VR1,ON0R IN .SUCIFLAN0.(Tlllx .:, intol is IL I ILrdl in raw l.uluvr pt, \ 'I' d in S,rIluu I ,of ill' A', of tiny 17. 1917. PL. )X.1.1 "Ill,) ...... koo\vledgex Ihel he may nil IV obtaining file right ill Pouter lieu aeailm suh,idcun• m1ullillg li»l.. cool'noong ulwrut tun,. nod than Ibe prolie ly dcseribfd Iwrcin may Ito protected boat dann"n, . , title 111 Rolle , oh,Rl,oce by a povale conll:lo Willi the nwll.Il Ill (f1e,coloolie llnee'Ix in III, c11af f IN, :R:k n.wirtg.:l o,ol iti RoRic l a ll)l• fanfare ,aa u1 cnnl)lying wish the Ino'kion, ill' Section W of the Bimenolh s Mine Subsidence and the land Conservation Act ofAprif 27, 1966." Buyeragrees hail nu to sign the de,d Bali Seter wllich decd will cuN..in Ibe Nincsaid provision. Allf t,.1 18. POSSESSION (1-98) (A) po"e +i... I i, of Le'IthOe'en by feud, key, au1L I. Phy,n;ll po ,..lion t0 a ; o:ill I'Lukhog Ill any) bnoun-clear) flee ofdfhii.l' ill fay and lime of selllemrnl, AND/OR 1aa _. 1„1_nm.'nl ill c,isin_11"',,,.IJ e'nin'ui Ili Rl I awi(CJ,po,il:and illl,r,al.:Lo Bale of>eNervill. if PmpBp' is lenan4octupied;a file .. .,_ .aacuunu ullfin, Ag¢emcln unuds•++nlllu,ci+c,purilicd held... Ittly""ill acknowledge exinling lease(s) by inilialieg send lease(s) al au, till lime of sieaine of this Agree Lit. if Property is mmm,-occupied. na, ,s, (B) Seller will not tow, on, any tall kuxs, wrinen e,fe... al of existing (eases, iI' any, or additional lenses for the Property without expressed Ain u, vrillen cIo,enl ill l3own. lily ,- 19. RRCORDIN6 (3-85)'1his Agrcelncut will not bf Rcoalod in the Offee lilt rile Retooling of lAmdN of in Nay other little or piece if publicrecmd n ail ;rod if Hoye, . ,r pe0ni,, It,, Agrel flu to IV recorded, .Seller only elect hl heal such am as a breach of this Agreelneal. le, el, 21). ASSIGNMISNT(3-85)'Ilii.,Agreementwill tofu binding Up..n the punka, their mspeclive lui""Re"Rull represionlohes, gt...does find success,.., 192 '193 and to Ibe cxlem assignable, oI the assign, of the parties held.., it being expre,.rly under: toad, however} [hill Buyer will not transferor assign this lW inn Agreement wilhrut the wrinen eonscol of Scher 4'll r1. 21. DBPOSI'I'& 1(RCOVPIBV FOND(1-00) rr, eta (A) Deposits lend by Bnycr wolon 30 day, of'eldemmot will It by Bash, enshier'x 0r cemli'd check. Dcl>nxis. regiuiltc%%of Ibe Fenn of plynlent , _s m, and the Imisu.. desig..eed as pay,e, will IV Paid of Bo'ke, oo pnrly idcntilicd in leuatgmpb 3(P), who will anaia them in In escrow vccotm unlit .!. PIS clas..mina11011 0, tornlimni. ... of iii,Ageanenl ill conhomily with All applicable law, and isplmions.Aoyuacesbe(I check tendered as deposit wt, 11,111 may he held I"odio, the accephulce of III,, Ulle. 1m1 (B) In the event ill a disPlnu over f..ri lk ncln it, lgN,1i1 mmnics, it broker holding Illdels,"I ix mquined by Ire Role. 1l nd Regulations 0f the Slate 1. (teal Pqw, ,r..vlf..... it ono P., ('ode $ IS_327) It alt.... the monies In rscmw rind the dispute is msulved. In doe event of litigation An file return ..I depolll monk.., a hrokar lv 111 di.,triblic lb, monies a, directed by a linal ..rder ill coin or the wri l lei, Agrcemerl ol" the parties. Ooye, .n , and Sell., algae thm, Iti the e,enl any I ke, I,, a ibined license, is Joined in boga inn ko the On I, ill depu,i, loonies, the luornoys' Ice.+' and l ..,, r End onset of he Rokens) auJ 1I1,enx.nf,1 will h, paid by the rally, joining Inert- lilt, .. ICI A Real f..vam IAouscp' fund eclat, mUcinhhune any "count wan O:rve obll,inel it "'late civil judgment against to Pennsylvania read esu'u _ fee h. ,u h n'.' 1 i' - dc"i I - it I c" am I - asaefun. n! who hai6oc Ix' l.hlr no rolled the jndgmenl a0c1 ex lea l- "5u; i,g all legal and c""ila Wei ,ravel es. I t. u, op1.n olua'Is data the Fund udl 1717) 783-365 Ha.. rImag)) 822-2 11t (whit' h Pcnnvylvaui.) and alt, anlt (717) 981-4854 (umsidc 1'cn,uylvehia). _cr 51It 22. CONDOMINIUM/PLANNED COMMUNffir (HOMHOWNER ASSOCIAT [ON) HERALR NO(FICli(1-00) sat ;ill •,Q NOTAPPLICAIILE.u s1? Q APPLICABLE CONDOMINIUM sv Dwyer acknowledges that the Pmpeay is a unit of it candoolinim0 fall is prinmrily all by a refit ownai nssoeintion. 93407 of the UniWan Condominium Act of Penmylvania requires Seller be furnish Buyer With a Certificate of Resale and copies of the condominium deelanllion (near, than "belt and plans). the bylaws. and Ibr rule, and rrgol:n ions of the association. ,,. ? APPLICABLE: PLANNERC'OMM(INII-Y(IIOMBOWNERASSOCIA-I'ION) „ Iny,, acknux4edecs thin the limpeny is girt of at planned art oily asdefined blithe Valli.. Planted Cntnmmtly Acl. (See Definition of ctr Piauned Clean m.... toy Ne,b,c for the dentition ronutined in Ile Act). 95407(:) of the Act requires Seller it, famish Buyer wide it copy of the Declaration (label Ihun plan and plans). the bylaws, the rules and regulations at the association, and a Cenibeam containing the provisions set fonhln 95407(i)oi If,, Act. ..o (AI Wallin _____duy.s of Woccnuionof(leis Apmcm,nl, Stiller willlaboll a,'ewes))othe a.anciadnnboo 'aceail'icbleof Resale;nd[lie (lo,:- nal R, n(ass:uI, II cnnb)e S, Bel w.un Ply will, (bc Acl. Tbu Act pawides that Ihti a"licineion is required to provide Thew dne'mncall within . III J:rys ul Sc1I.... ...pell - (D) Violet file Act, Scllcr is nol Ii..blc m here, fit IV ]allure nr delay of the association la provide the CenificIDC in it liaely ranneL nor is Seller : liable he Ruycr fur brY enonemu elfinnraaion provided by the nssociation and iachuled in rise Cenilicae. ,.5 (C') Buyer mnv decline liters Agmenen) VOID at any little IsBrre Ruycr receipt of the ua'ociatinn documents and to, 5 days Itereaher, OR and ,a - _.:. B Ihi; A my„ere (aid nu;f IV in ,lilam: Iherea0er all drprnit movie: will be ,ell ...... to (D) In the even( the ;un,o1116011 has the ngle, to buy the Pminny high( ol'lirsn'eliuaD. and lbe ass.ciininn exercises thin ngbh Seller will minebruse Iluyer lit all manic. paid by Ruycr ou ac,aa.. it of purchase price aled litany casts incurred by Hayti. her: (1) Tire premium for nlechnnics lien '. n n insw;mee :uu(/m title.soiu'ch, or lie fur cancellation of .same, if any; (2) She femmiunes din food insurance and/or list insurance with extend 551 Sap ed coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mootgage, leader, if any; 502 5:13 (4) Boya•s cal an l,y sealemenl costs tad accretes. 6,13 514 23. MAINTRNAll & RISK OF LOSS (1-00) 531 ,.,, (A) Seller will nmintuin the Properly, gnnmds, Iis Wres, ball any pannn ll pope ly specifically scim,hiled herein in its present condition, normal b it we:m:nul tear excepted. ;.3i, tai In) In lee event any sysem at appliance included in the sale of the Property fails and Sellerdoes not reporter replace the item, Seller will promptly I it its naily Huycl ile writing (it sella'.s choice m: ;tan 539 I. Repair or mplace the lathed system or appliance before sealemeat or credit Btryer at sealemenl for the fair market vain of the failed Sys- sea mm u, appliance (This npfinn mull IV acceptable In the mnngagc lenckr, il' any). In each case, Buyer accepts be Property and agrees to Eon ..t'; the RELEASE xel fnah in paninaple 25 of This Aproe ncov. OR ... _. Make no repo", nr rcplun•menes, tint one credit Iluyeb:u IX111emeal for the feel. market value of (fee failed system or appliance, in which 5 c, c:an: Buyer will salty S(Iler in writing within 5 days or Whom sate dew. whichever is soma', Iha( Rorer will: 5J5 544 a. Accept the Progeny and blare to the RELEASE set fnah in i aregruph 25 of this Agreement, OR 544 h. 'Fenn" lone This Agreemen, in which case all deposit monies paid an acmanl of purchase price will In returned panoply to Bayer xai ball This Aplancel will be VOID. (C) Scllcr mill hear risk o/ less (inn lac or "b"i o:,suallies wail time of xellenWnl. In lhr event of dn,nage by file or other casuallies In any prop- s.w ray included to This sale Ie:a is nm repaitcd at cpface,l prior Io seulenleeet Btryer will have the option of rescinding [his Agree ...cal and ;i,9 5.19 prom"tly receiving all monies paid oil i ccnunl of purchase price or of accepting the Property in its (hen condition together with the proceeds 5na ,Sit of any ins.., ante recovery bill ni..able by Scllcr. Buyer is leemby notified done Buyer may insure Buyer is equitable interest in This Properly is of 5'al the little of cxecutiuu ell' Ihis Agremocat. 24. WAIVER OF CON'I'INGENC11E.S(1-00) .. In the event this Agraensnl is con(inglnt 1111 B'yee I ,iglu I' inspect: nthin repair the Pngsay, payer's railnre fu exercise any eel' Huyer's options ,,than the babe limits spedfed in file runtingency prortsinits) will constitute a WAIVER of that emlingene)' and Bayer accepts the Properly and agrees be (he HELP: eSF set ILrIh in Ill., age aph 25uI Bllti AI!I'L'L`IneOl. '_a RELEASE (1-00) Iluyer he.do ,denies, quit ,taints and l'am'er disci ag"s SH AYR, ALL BROKI'Ili their LICENSEES, EMPLOY- h:ES, and any (11 fl('Iflt ur fakee I NAIL eel ;wy one ul' Ihvah nail any alter PERSON, FIRM, dr CORPORNII IN rvho nuey be liable by in Ihruugh Ibenha from are Hull all , I.tinn, loam. no drn)anda, including, but not It...i tad b" Person:d tn,iurle. ntld initially dauhage bead all of Il, auesequcnccs deal rnf, littler. ...... kuann. or ,111, width any urtxr Ron. Ile presence eel' wra les or name wood-baring insvels, engine,, lead-hosed India hazards, call ronuu•otal hara "I" I...y drl'cclx in the individual an-feel sewage disposal system or delielenrles in the on-site water service sy,lc.... ur any rich cla' it c...WINons on Ibr Properly. 'Ild, relensr will survfrr selllemmal. 26. It KPH FSEN•1A'1'IONS (1-00) , IA) IhR•enuula,lb 1,1 h:n anyo ncsenlie, io is.cl'ims,adve,I"ng,pnonoIinn;it are ivities,lnasb'mx or plans of any k ind..hlate by Seller. Brokers, their lieuna'e.. 11tg4ovecs. 1111 i 1111, ur panne, a,c all a pan of Ihis Agaxmmn mit es. exp,xssly incognamal or staled in 11, is Agreement (it) II is uadr,'slmnl Thal Ihrm J'." i."In ltd It,, Proprtar bran', signing leis Agrvrnu'nl (I... falling list..."and :why personal pnqu'r1) apedhialhe srbeduh d herein 1, no eta nail"! Ibr right In Au... and hnx agreed In pmrhaxe it in hs preset candifon unless ulimrw'ise xl:lal in this Agrce...col.Hot),, ackuuwdedges dial Brokers, theirlieensws,employees,"Recision parlnershave nil madeenohdepen- .,. dam"latination no dele'vena.fon of the strnefurif soundness If the Jerome lye the age at condition of the cumlwnents, envirmmnenlal ,. cundiliaas, Ibr permhle! uses, u. of cundilious existing in nor Ineule where the I'rnperfy is sihmted; nor lass" they nhad" a mrenmiral ,..,. iuspet ban ill' any eel' Ibr systrms (ollinard dice t in. (C) I( is ladle, malcmond Wet Ihis Agmemen) cumains the whole ago:cannot lietwecn Srflcb:uul Buyer and them are no olhe. Iennx, obligations. ,.. 5)p covenants, mpresentanons• sfamtnenls or conditions, oral or otherwise of tiny kind whatsoever conceming this sale. furlhennaa, this 511 Agrecnhent will not be ahem 1, amended, changed, m modified except in wriliag executed by the panies. 501 (D) Tic hcadbog" capleal'. and line nu, ah, bs in Ibis Agm,borni :ae melee only hl neakc it easier be find the pnragn loh" 5p, 27. TIME OFTI IF F.SSENCP}UFfaA U IX (1 -00) The said tint for see lenient and all other limes ml erred to for the performance of any of the obligations of this Agreement are hereby agreed to be 515 of file essence of leis Agrecmmat. for tIm p.vposcs of this Agreement mmabe, of days will be council front the date Of execaliah, by excluding the 5)t ire day an, ASmenen ,as esiscu¢l I I including the last day of lee tins period. Shuuld Hnyer: bill 57a (A) Pail be make any al hoioanl payosne as slccdoeil iu placepaph 1; OIt 5/4 Sao (13) furnish Ihlst or inunnploc information In ,Sella; Listing Bnska, Selling Brokeq at the nuirl lender, if any, concerning Buyer's legal or ban :181 financial sl:dus, or Ihil m cooperate in (IV POVeming of the mmtgsge loan epplicafion, white aas wo.dd lean], in the failure to obtain the .Sat 51,2 :yoprnvnt of a nnmenage, loam connmiancnn OR pat 583 (C) Violate or fail be hdtill anti IV, lit, any other Ian.... to conditions of (his Agreement, gay Sal two in such case, Seller has Ibr option let 'ewining:dl F".x Point by Boym; including the deposit monies, O on arcuunt of "'mhos. prim, or sat 565 2) as I'll uicv be la applied In Selle"s dan)agel, a 3) as liquidated dtunuges for such bm:reh, its Seller troy elect artless otherwise checked pus Sac below. spa 542 ? Seller is lia..feel an rehtining On... paid by Mace, including depnsi( monies. as IiquidalM damages. Sat 588 If Seller elects Ie main all sans paid by Buyer, including deposit monies, as liquidated diumhges, Dwyer Intl Seller will be released from fur- lan 589 flier liability or obligation and this Agreement will be VOID. 509 bon 590 591 591 592 / 592 Al 28. BROKERS (1-00) l'he Bll]IIIC$5 Relnlim¢hips helween the Orokeks) and Seller and Blryer are its follows, UNLESS a diRhmnl relationship is :i!!•I 'Ia6 checked beam, l ?-?- • IAI The Liztiag lbn6er is.\prm fur Seie ^-- .•. (II) The .Selling 1tmkm'i s Agent hi, payer. , ,as (C) When the 1_istng Broke and Selling Broker no the same, the Broker is a Duda Agent. Dual Ageney applies mall licensees, UNLESS there is sd 694 a Coagulated Agenl(s) Iur Seller and a Designated Agem(s) for Buyer. If the same Licensee is designated 1'or Seller and Buyeq', Ibe Licensee is . 'S ell so a Dual Agent ran out A Business Relationship uAkas Ilan is dil7krenl front above, as follows: !:In 602 ? The S'6iug broke. is the Agcnl/.tiululgcn ail' Seller. U112 uaa ? The Selling Broker is a Transaction Licensee. 6a3 law ? The. Listing Broker is it Tmnsiclion Licensee. - - (CA :,as (D) Bunke, (a) may perl'arm services teassist unrepresemed pall ies in complying with the terms of this Agreement .,.• cna 29. MEDIATION (7-96) a'e kill ? NOTAVAILABLE fill ? WAIVED. Buyer:md Seller understand and they may choose to mediate al it later dale, should a dispute arise, but that them will be no obli- 668 tidal Killion an the pan ol'any party to du s4 - !.0 ?a 'Q ELECTED .U CA) Royer and Seller will try to resolve :try dispute or claim Thal may :vise from this Agnzment through mediation, in accordance with The Rules . ut: . and Prucedmes of the Home Sellcrs/Ilonre Buyers Dispute Resoluln System. Any agreement reached through n mediation conference and at'e 513 signed by the panics will be binding. • . fill 1014 (B) Buyer and Seller acknowledge Thal they have reck,wed, lead, nod understand Jar ILdes and Proechues of The flame Selle"Aloax, Buyer. "I .... r Dispute Resolution System. (See Mellnt ion Notice.) a ' (C) This agrcemam m mcli:ne Disputes ;wising loan this Agreement will smviv' sealenrenl, .o ul7 ;IP Buyer and Seller aeknmAedge loll Inky have read and under:Annd the millers amd explanatory information set forlh in Ibis Agreemenl. aril ets ,,,l Huyer aeknmvledge, receivinga rally of Ihix Agrrkmenl al The lime of signing. ,t ,.. NOTICE TO PARTIES: W DEN SIGNED, TDIS A(;Rrl-.MEN7' IS A BINDING CONTRACT Return by facsimile transmission (PAX) of (his ? std Agrxentenl, and xll xAAendn, bctring lhcsigm(ures nfgdl parties, cmgslilnles acekpl:mee ol'Ibis Agreemenl Parties to 161.Irnnsoclinn ark advised ifs i24 In cansull an nllm'nep o'lio', signing il'Ihey Desire legal advice, .. lea ' ? t , km _/j4 WITNESS, IIUYE14 DATE _-, •_ r q •- ? cv6 :,... z Buyer Name 1 ] ° P ^n U , (SS N. 7 ?•? Mailing Address it .:9 Thane as PAX N _ E-Mail _ LPI .? ItIT\'ESS ' BCyER_ u DATE': .,, Buyer Noon, Ipnoa _ SS # s .t¢ o.,. Mailing Addl'sx ___.____.-__.._-___ _ ,• nab Phone Ns - PAX N E-Mail '0 tan WITNESS BUYI?R__ DATE 1;A bag Bayer Name (prinq _ SS N _ (11'7 .JN Mailing Adde.w _-__._ _.____-_?__ On Phone Its __.. _---- I A X It C. Mail .: S'Iler h'rehy aghpmr's d" al cuntmct This ld:del %V% MEMO 400WAIMN 'a ' wrrNr'SS --"-'SCLLI?R_ DATE _ Seller N:unr Ipoko _._-_ _ SS M:aliag A l l i.: - •.,. Phone Ns PAX N .i E-Mail k+-r v ?.^ )h s ( man saI WITNESS SELLER DATE - - Lzt J5'r Seller Nam' (pnol) "12 e::a Mai ling Address____.----- -.___._ abl 654 Plmnc Ns ______ hAX N_ ___ F.-Mail _ 554 ace WITNESS SELLER- DATE 6h6 6$2 - Seller Name ijabut SS it _ fi!] 658 Mailing AJrh'css Call 6sN Phone Ns PAX 0 _ E-Mail fi5a 011 -e,t Brokers'/Licensees'Cerlirenlinns (check all that are applicable): 6r,q :e, ..? Regan ding Land Ilan 1 ],;.I'll I leiar Is Ul.el sure: Required if Prop.. ly was bunk before 1978; 'Inc undosignell Liccowes aovoNcd in l ,' on lbis b;uuauinn, un lab df of Ih nsclvc a Id dal broke a c nily Jwl then slaten¢nn are true to the best nl Their knowledge and W- jef. /n I'M ss? JACknowledgemed: The Licensees involved', this transaction have inforred Seller of Seller's obligations under The Residential Lead Paint 664 165 Ih¢anl RcJUCln Acl, 42 U.5,C'. 485266, and arc aware of Iheir respunsihility Ia ensure campliarl 111.5 lea rain ulv'tl /-, , -JP\I Regarding FDA Mortgages: The undersigned Licensees involved in this transuckon, on be air of themselves and Iheir brokers, certify Ihal L67 l is N / the le..... of this "aumel liv purchaw are time to d. best of their knowledge :rod We let, and That rmy other agreement entered int. by any of 466 flat , tlese pinnies to Coaner.imi Milk In, a asnellou is wit ched m tll$ Agreement 669 670 67t ? ?r-Regarding Medallion: The undesigned "1_1611eg Broker Q.Selling Broker agree m submit to mediation in accordance with Para- 670 671 612 graph 29 of Ibis Agreement. 1012 107] 674 . l`I LISTING BROKER (Company Name) I- / A'A 67, 674 678 ACCEPTED BY DATE ,. 515 676 "- -.. 616 577 SELLING BROKER (Company Name) ' 677 ,kid ACCP.PIEDBY __- -I - DATE 1 676 m9 61111 A/S-2K Page 8 at 8 boa Exhibit B z t r• 1l f 1v? . /r?rJrpr c CJ?r) r ??, ?rfr r r?.? v ii lh.;p a \.hlr:at icu "` 4 _--- r 77 a Seller-:.Jc Cwft°n n?? 4 A seller mustdfaclose to a buyeralt;known Material defectsiabout property being sold tarot an, not readily observable. This disclo6 s statement is desrgiied to as'sixt:Seller M complying with ithi SUrc requirements and to assist Buyer, in cvslunting d+c property. be 6 considered. ! .?,' ..,. I ills 3talemeardiscloscs Seller's ktwwlcdge of the condition. of the property as of the data signed by Seller and is ant a suhsattate; a Inspectrans ar }varnutttes that Buyerrnay wish to obtain- This Statement is not-a wacrnnty of any kind by seller or a warranty e, representation by any listing teal estate broker: nay selling teal estate broker, or their licensees. Buyer is encouraged to address toner m about the conditions of the property that may not be included in this Staremeut- This Statement dues not relieve Seller of The obligati tt to disclose ar matcrialAefect that may not bo. addressed on this form. tr A material defect.is.a problem with the property or any portion of it that would have a significant adverse impact on the value of d to residerdW real property or that involves an uureawmable risk, to people on the land. U is 1. S>rLLER'S EXPERTISE Seller does Dot possess expertise in contracting, anghteering, arehitecnue, or other arras related to th +e constrac-don and conditions ofthe property and its improvements except as follows- _ it 2 OCCUPANCY +a (a) Do you, Seller, currently occupy this property? es ? No +s If "no," when did you last occupy the property? ?D (b) have them been any pets living in the house or other structures during your ownership? Pt Yes ? No zi Ir "yes," describe; -1 1:)I_?? _- 22 za 3. ROOF ?? / ?listi a ti<?- . 24 (a) Date roof installed: / ocumenred? 0<s Cl No Q Unknown is (b) Has the roof been replaced or repaired dozing yom ownership? ? Yes ?r No ee (c) If "yes," were the existing ahingles removed? ? Yes ? No ? Unlmown g0. 1`i^Q i? n (d) Has. the roof ever leaked during your ownership? OBYes 13 No lc-0.I( o-rosXtl sa (e) Do you know of any problems with the root, gutters or dgtvnspouts7 ? . Yes ;KNo n 8xplain any "yes" answers that you give in this section: sa n 4. DASLrMENTS AND CRAWL SPACES (Complete only irapplicalilY), (a) Does tbe.propcttyhavea.aurppump? ?Yec• 1K No ?Unknown 31 ?• (b) Are you aware orrery water leakage. accumulation, or dampness within the basement of crawl space? ? Yes l No U if "yes," describe In tletaiL• ?.._.. ss 36 (c). Doyowknow ofanyrepmhs or other attempts to control mty water dr dampness problem in the basemeat or crawl space? ar ?'Yes .1 No ss If "yes,".' describe . the location, extent, data, and name of the person who did the repalr or control effort: 4s 5. TERMdTFS/VVOOD-1?ESTRpYTNC INSLC'I'S, LlRXRp'Ty P(i.STS . ':I 41 (a)-'Are you awme.tir'sny termitca/wood-destroyrnginscctni dryrot, arpestr alTceting Wa property? ? Ycs Sj No 42 (b) Are you aware oEany doge to-the propetsy'Causcl by tcrmitcs/wood-dcsuoying insccrs, dryror, or pests? ? Ycv 3 No 43 (c). Is your pnrtYrcutrradytmdercunlraeCbya1(ceriserl pest control company? Q XuvNo 44 (d) -Are•y%nuawara'aCan'ytlrmit4peatcontrol'r `ep°od??or2eatmeatsforthepropcrtyin[hr.lastflveyean?" ?YcsNo. 46 L+rplain -any "yes„answers than yougive in[his section including the name of any setvicc/treatrnrntprovider, ifappricablc=_; 4e 47 6- STHUCTURAI TEEM 43 (a) "Ate you aweM06UQy past or present water lea¢ag 'la the arouse or other stru ctures? ? Yes XL No 0 (b).L. 4Myou a4ma of atry past orpresentnmvemenk abif6og, deterinretion, or other problems with walls, foundations or other =w- ss )'.'mrCcomponmisZ` Q?Ws G*Nn s+ (c) • "Arc you aware of any pastor present problems wilhAtiveways, walkways, patios, or retaittiog,•walis on the propaty1 Y 53 (d) Z y' roarstrueicd with.sn Bxrerlor ilu# i'at Finishing System SIPS), such?as drivit or. synthetic stucco? c - s ; t $4 L.LL?}b.iJP Yb?,?y1(r0?',??tf,1v? VLL1rlU9V1r. i+ re If•"yea,f `.•^^...`^'-'l lawmr pro67ems `.+ .... 57. .. n.., - .'. a-7 yl?a?r-1of 4 SCi1Cl,5 ]-tlltl8l6Yt AM. r i 'K ®j bl,?,-w?T r r Y/t1' pax l ??' ''4:pryarCiTr'1'rfrttraV+•VA74AASSOQdIIW'1 OF ,wsad?IYIwMeY ?.( (l, (. 7; r .. .. _ t.-. 1 .:..:?. TL Div ?A: '?_.... . I. . .II .•... :: .:.' ._9 ?t?S: '. .>tiay - &iplanu my'yes Lattswessrthakyou-jrive in this section. when explaining reports to control artepmr.picase i cscrlbc the7o 57 t[onand. extent of the problem, and.,the date and person by whom-die work was done, if known- - ` 54 65 -1. ADDITIONSIREHODIM8 ' Have 'y tide any additioas, structural changes, orr tharalteradons to the proj=iy? -71 Yes 01 66 If "yes,"desmibe 1_ nci r iiT 1 i rv 1?? J 67 ss g: WATEWAND SEWAGE sy. (a) What ie Ihtsontte of your drinking water? Q Public Water. X (o.Sitc Water (Well un Property) j Is - ? Community Wahs O None O Outer (explaln) 71 (b) If your thinking water source is not ublie: 72 Ulm was your water last nested? iqV?, What was the twuh of the test?. C1 1+90. i• ,^ T n Is the pamping system in working order? 19 Yes O No r 74 If `5ta,"' exp.=._. 7e 7s (c) Do you have a softener, filter, or other purilieatlon system? ? Yes El- No r 70 If "yes," is the system O Ixased ? Owned 76 77 (d) What is the type of.sewage system?' ? Public Sewer '??, individual on-lot sewage Disposal System 77 79 0 Individual Otrlot Sewage Disposal System in Proximity to Well ? Community Sewaga Disposal System 78 '7a 0 Ilen-acre Pizttfit Iixempnon 0 Holding Tank 0 None ? Not16 AVaiiable(Pconi( Untirations in Effort 7s so if individual On-lot, what type? 0, Cesspool lit- tha)nlleld ? Unknown ? Other (specify); es 61 Is there a septic lank on the Property? ;9 Yes O No O Unknown - m m If "yes," what is the type of tank? O Me l/steel ? Ceramt/concrete . ? Fiberglass ? Unknown ez 83 ? Other (specify): m aF Outer type of sewage system (explain): at as to (e) When was the on-site sewage disposal system last serviced? 1499 es m W Is there a sewage pump? O Yes % No g/ as If "yes," is it in working order? ? Yes O No so 91 (g) Is either the water or sewage system shared? O Yes No se as if "Yes." Gxplafn: fe of. (h) Are you'awm: of any leaks, backups, or other problems relating ra any or Out plumbing; water, and sewage-related Items? tt; DYeb *Lxo.. sz yt 9. PLUMBING -SYSTEM `sa sa (a) Type otiplnmbing: 0 Copper O Ga)vanired, ? l..eatf :jQ PVC O Unknown se ? Orher.(c iplaia):;; 57 (b) Aie oil aware of an problem with any of your w:. y y pro plumbing Hxtores (e.g., including but not limited w: kitchen, Inttndry, or bath- ???; ss ton,afinti?res wet bares hot water-heater etc)? O Ycs A No, { sv IP "yr?s,iYexPlam+ ton 10. 13EATi1;IGliMALt.CONDM0N1NG im (a) IyyeoCarreonditlmtfuV; 'r3'CCmratElectrlc O'CmtrnlGas ? Wall $) None are[,: lot Nuintieeot1wir10rr [ants Lrcidded Iu sale `l acation_ fro (b) Ltak+u?y areas of the Meuse that are not sir conditlonaL ;a 104 104 tat (c) Type of heating: ' 61311 chic' 0 Fuel Oil. O. Natural Gas ? Propano (On-slue) 1t+d.-:: has Are there wood of coal burning stoves? ? Yes 6 No If "yes," how many? ,._ Are they working? O yes O 04W. 107 Ara them sny l9repiaces? . ? - Yes 'GNU If "yes," how mmy? _ Are thoy working? 0 Yes ? No In Other. types of heating system (explain): • :`1?-':.. has Igo: ea. na (d) Ara there a8y; ehimncys? ? Yea.. 0' No. If. "yea," how many? _ Are they working? ? Yea ? % .tut Whcxi SWcre they last cleaned?. ?twttt , to (e) Llacatry arrest of the houae [bat ara not heated . z ' -' 115 :-nY1t?i.+?;Nh«W'n?JahW rail ..4x?': . X _._ z s +.: 114 (f) Typ¢ oCwataehead' WPIO & . V O Gas : O Sots Q Ober- its (PO Am you aware ofxity underground fuel tanks vn the property? ? Yes Z, No 117 1f"arenotowned, explain: tax ; 1fa (h) Arett.y?u..o aware aFany Iauhleins with any Item m tits rccnear't D Yea No °: ? •. r? : tlr tie tze ? ? ?? ?,Q J-3040 Z o[ 4, Seller's Inf6als ? t • <-f ?/ ! FA,? f.N ?!Y sit' vty.3:eA A{°?p?J t?i7 i .y{ y, " alts r• t N t, 14 r i s (. arm rW , .. . r F : enviYta 5r3eiN-:.clsti 'a 0,/21, 375M 10 119 ?,1. 7?29Jyt ?' Clrti11 dy 21 i'1'di „r i; ij S,p.'ny5+ rip •j {. t Y f P , t 4, *'? r + V a ?'S? r , 115 rt!.4 rt ?r 1 :S??dhh%SS 1 Fl+i ?J'+'4Y'r7r[.?.t -. f I ..1 I (? 1 RI(`•U'.!rYh 1 Rhn I, .,. MAN!. ,' ,.uyt•r, I ... ti ,p rrl t. s r ..• , ,r: rn. u . wrii 57Pd5en "Win. F:' 12 07 W W)3QUIeM- °ANDrAPP y1r1NCi1S INCLUDED IN SALE l4omplcte ort(y+if applicable)) ul y`* f z ,• IN Tlgiitpmetu: anci:a es;ultimatrl included In the sale will be determined by negotiation and-'accorcilng• to the rem s old; 125 Ag[ceotenttit$tllc. IN (a).'F8.E4'xmc'(rua DooeQpener- 'No OlTrsnsml[reta• :.. ? 121 (b) 4& Smoke Diittctors :MCow`many7. Location 5'1 121 (c) ?: SceurhyAlurn SyaIiaiil 13 Owned D L ease& ? Lease Information- 129 (d) CI:.L'awn:Sprinkler` No.- ? Autornatic.7niner 110 (c)=l7 SwGiiiing-Pbol ? Pool Heater Cl SpeAlot Tub 131 Pool/SpsEquipment(list): 132 (t)' JL)i Rifrigcratair 1$-Range ? Microwave Oven ?: Dishwasbcr ? R3,sh Compactor ? Garbage DlsposW 111 (g)'ja,visher- Momycr' 134 (b) Q Tnhxcom `. w5 (i) l?.CeWngfan3 No.[Location &6ACciC?.n 139 (j} ?.Othtx:. ' tar Are any items in Ibis section in need of repair or replacement? ? Yes ? No ? Unknown 132 If °yeY," explain _ 13a 13. LAND (SOILS, DRAINAGE, AND BOUNDARMS) 149 (a) Are you aware of any fill or cxpansive soil on the property? ? Yes g} No 141 (b) Aro you aware of any sliding; settling, cwffi movement, upheaval, subsidence, or earth stability problems that have ou:urxcd on 142 or affect the property7 13 Yes & No 143 Note to Buyer; The property may he subject to mine subsidence drrnage. Maps ofibe m. umies and mines where mine subsidence 144 damage may orcur and mine subsidence -insurance ant available through- Department of EnvironmenW Protection. None Subsi- 145 dcnce Insurance Food, 3913 Washington Road McMurray, PA 15317 (800) 922.1678 (within Pennsylvania) or (774) 941-7100 149 (outside Pennsylvaala). vu (c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? 1n! (d) To ywdge, is [Iris ptnperty, or part of it, located in a flood zone ok-wevands area'? ? Yes $d No ,sa ? Yes -1`1 0 16a (e) Do y any past" present drainage or flooding:problems affecting the property? ? Yes M-No 1 1st (f) Do you know of any encroachments, boundary line dispuf&, fir eascmq. ts?.. 0 Yes V-No 1 u:2 Note to Buyer.• Most properties have easements running acro ss, them far utility services and other r easunl. In many cases, the 7 1sa _ _ casements do not. restrict the ardiaary use of the properly, and Seller may notbe readily aware of !hens- Buyers may wish rot 1 rod determine the existence: of easements and restrictions by awrnin?ng %he property and ordering an Abstract of Tb?e or'dearrhfng t 1 the records in the USIce of the Recorder r f Deeds far the county before entering into an Agreement of.Sale.. •:';,1; 133 (g) Are you aware of any shared or common at= (mg., driveways, bridges, docks, walls, eteJ or malmenance agrectnenls? "r 137?Yes. jfNo . 158 Explain. any "yes" answers that you give in this section: Pt; Ito 14. HAZAADOUSSUI33J'ANCLL9 'e1 (aj Attyrnraw(ri prany. underground tanks (otherthaa fuellaaks) orha7A.Mo s subslanees present on the pmpeny (structure orsoil)liE 192 such as, tlr buL t Jfmf ixi' to. asbestos, Polychlorinated"biph wyls (PCBs); Urcnfvmraldchydc Foam Insulation (UFFI) ,,e1G? to 163 ? Yes No - y .: 1..:4 tr 1Q 154 (b) To your knowle4c han:thc property been tested f6r-any hazsrdoue subsraucea? ? Yex hrNo `* { 45 lad (c) Doyouk»aweofsap,'ot6e[.piviionmentulcrmcem+.:fhiimislteimpactupon ft property? ? Yes W-No 166 J3ltplatn any `Yes" amwcrs that you give In thii sccliou: 1s e too (d) Do you blow of any testa far radon gas Ofat have been perfowaed in any buildings on Elie property? ? Yes IR- No 159 !f'yes," list data, type; mid results of all tests below: - - e'-16 110 DATE TYtat of Twr Rrsutas (pfcoruzie3/liter or working levels) NAMn oPTEnmo SrRVtt ` t? 177 ?-. ..tsdM ,1. 7 172 In 174 (c) Arc. you aware of any radotrremoval system on.tho property? ? Yes 'k No .• - a - 173 IC 'eshilt dimhn atal1fidfknd y type of sysrem; aud:t;•hetlieir it is in workariEorder belovr .,,. 176 DA:ir i2?*:.,•m+ TYPE OF SYa773M - PRovnxm WORMING .0` in l7'Yca i7 TIS Yes r t e 131 r'1 i. °?StL I / ff r.•k_`Page3ot4. Seller's InitlaIn' P L) _., /r.?Wn.SFihifA" '9 '"' 4 e:.•.:_ rl¢?l+.rve I Ott Sl'S?'mVP` l't,+`s-y?r?'•"- G^ ' -5 i- ?} l rN trig/21r?? Illfi?l;,,lt p'3` .1t .IYB (7iti-17l!S-'1 r'T.t.:C : °;A, •( i- +r'• erY 4 yts e ' , s ?n? 't?tSX• if err r a w. 16 a, '?`7 !i'I ..:r.`;r 7P; an:.wdn::7i7:. •r .fctitaurt:r,:u lr M::.:c :r'p, •a: nn.,1.r . ire nny.'tatih:ri?t cl : ,!'J. r•I t`a.::i aC•`,t rs •?•, ',n• .. +.: i t .•r; ::. ..:. .. •?:..: • rear ' . .. , .. . ,•s: 'Wi .t• '1' •1."L a•lr 4-1 n. 4.... .. . ,1. .. i... l,1 1 ,1 • .. . •a...i . .. ` a. .! .? 1. iao: 187 (g) If property was constructed, or if construction began, befora_1978, you must disclose: any reports or records of lead-based paltii, 199` or lead-basal'paint ha7arda,on the'pmpcrty. Are yma aware af? any reports or recon:13: mgardinglead-bii&l palne or iced-box jes paint hazards on the propeety7 ?' Yes '1 No tot If "yea,- list all available reports And records: 191 192 15., CONDO69QNIVM AND OTHER HOMEOWNER ASSOCIATIONS (Complete otily Wapplicable) i 192 Type:' ?' Condominium ? Cooperative ? Homeowner Association orPlauned Community 194. Other 1 ,93 ' Nnfico regardingCondominituar, Coopentures, and Pled Communitferr- Acconimg to Section 3407 of the Unditrrm Cattda- i. 190 minium Act (68 Pa. C.S. ¢3407 (relating to mwle of units) and 68 Pa. C.4. ¢4409 (relating to resale of cloopemlive nden-=)J and 1, 191 Serdon 5407 of the Uniform Planned Community Act [68 Pa- CAS $5407 (relating to resale of units J1, a buyer of a resale unit in a ds 190 eondontinimN, rooperative, or planned community must receive a copy of the declaration (other than the, plats and plans), the by- to 199 lawn, the rules or regulatiom, and a certificate ofresale icared by the association in the condominium, cooperative, or planned com- 19 tna munity. The buyer will )cave the option of canceling the agreement with the return of oll deposit monies until the certificate har been m 201 provided to the buyer and for five days thereafter or until conveyance, whichever occurs first. 211 2a2 16. MISCELLANEOUS 2Z to (a) Are you awn y historic preservation restriction or ordlttaoce or ar'chcologicti designation associated with the property? M Zed ?: Yea o mt 205 (b) Are you aware of any existing or threatened legal action affecting the property? ? Yes rl(vo Zoe (c) Do you know of any violations of federal, stare, or local laws or regulations relating to this property? ? Yes No IN eat (d) Are you aware of any public lmpnlvememt condominium or homeowner.aw•sociation assessments against the property that remain zor ens unpaid or of any violations of rotting, housing, building, safety or fin: ordinances that remain uncorrected? ? Yes CT-Ro?tae 204 (c) An: you aware of any judgmear, encumbtanee, lien (for example, co-maker or equity loan), overdue payment on A support obli- In 2117 gction, or other debt against this property that cannot be satisfied by the proceeds of this sale? ? Yes E"N 21tl 211 (f) Are you swore of any reason, including a defect in tills, that would Prevent you !'eom giving a waaanty deed or coaveydag title to the III 212 property? ? Yes Er o 21z 213 (g) Are you aware y material defects to the propetty, dwelliag;pr fi=res, which are not disclosed elsewhere on this form'? eta ZIL Cl Yea No. 214 215 A ma c dol defectis a problem with the property or any portion of it,that.»'ould have a significant adverse impact an the value of zli• 21 . the resldentialMd' ty or that Imrolves an unreasonable risk to people on the land. Pte 2n'. Explain any yes" answers that you give in this section: Iri ns all 2m The undersigned Seller mpa-mats that the itformation ad forth:ta thisd9dosure statement 1r accurate and complete to the li4xt9im tat afSeBerrs.imowledgc: Suter: hereby authorizes the Listblg Broker to provide this Information to prospective buyers of the prop-•tz (i rzZ uty and tti'othcr aril "ladfeenscls. SXUPuR ALONE IS RFSPOI7SIBL> FOR TIiP ACCURACY Or THE INFORMATION in; 2n CONTAINED INTTIIS:STATFMENT.: Seller shall cause BFi .er to bee,40tirted in.writiog,ofaay information supplied on utic form 2n+', `. 2p4.wlutdt'tsrcuderediuarcarate'bj?achange iukhecondition of.the-property fnifowing?com•.,pleon reform- ?{?a2??? 20 21b "-L);I??• !^ DATE ti5 a0-pat:z„?:: zzr WITNESS SiCIiGE1L' : DATE h aig; z2a W1TNIl,SS SEL U DATE 219 zx E"CUI'OB,ADMINLSTRATOB TRUSTRE SIGNATURE BLOCK 23C ;' Aceadmgto me ptnaiamtofare"Rct ?tmm 3elta Diiclm+teACr,"tlmmrlad8:m uavtr?mdmiadtttatot ortrawoUaot tequhed to lr?oota Sctkr'a 1•r°P°rY i;?731?;,.'. At W Dtackmv Sftl,L The ex=W,, rdmh3ixhrAvx or trustee, man, howevc, d sclwa wy knowa material ddixg l or um ryoixzty. cr ««r. eat DATE ax 2aa RE, cE I"1 AND ACKNOWI,mGEw NT SY BUYER.. ',23t: 11x:tadarisaelt:B!rr4t'rrJmawbdtna ttetlpt or Wb:INadotot*?^` ..•Dutar acltawwbdCe+that thi,":-:.-•.•-:Vaa4'awm'nnry•end me4, ante 274 Weed ulhernt: V. tae 2dtl toarraa. Bay",. rnarhmtea /b a prope4.la ib pnw.* .centre It d nertr'a rbponn'brlrtr m ` •j himiiarae ttnsdlw` tar' to the rna.lltbe orthdpryiery. Bwyermay rogertst tint rho propvty he Ixspetted, at HUrer4 tzpeave and hr,ryrrilkd ptd'oekrmfr• w determine the m 242 Bison or lM Wudam err ib tom tr. /pa's i ?lr- G G V' 'i4t WITNESS ? n Ir,I1I ' / r1 V _ - B DATE zaz WIT &S V? l?(? Ib ?, I i 7 BUYfaR 4 u - X .ty u . 1?? DATE ( ?t n 24r ?V[T1Y&S5 1 ` BUYgRI DATE z4s Y'Aga 4 of 4 ¢T ,y dyye s 3 1 Exhibit C 28-MAY-2002 11:26:29 41 Single: Family BOOK Format Status NEW Sub-Type SF City MECHANICSBURG LP$ 113900 SO: CLD: FIN: MT: 9 SP$ +-------------------------------------------------------------------+ 32 PINE HILL AVE Area 006 MLS # 10079246 Mun SILVER SPRING Dev WHITE BIRCH FARMS Sch CUMB Dir 114N CROSS 181, R/OLD WILLOW RD, R/SUNSET, R/MARBLE, R/PINE HILL. TotSgFt 1120 Source APPROXI* No Stories: 1.0 Lot5z 171X198X200X224 Acr 0.90 Lot SgFt 39000 StyleRANCH ExtVINYL ConstFRAME YrBlt+/- 1992 Bsmt EXPOSED/WALKO* Prk ATT,1 CAR GAR #Firepl 00 +--------------------------------+----------------------------------+ #Br 3 #Bth:F 1 H 0 #Rms 6 ITax 1233 Yr 2001 Fee Lvl-Bth:F M H +----------------------------------+ Lvl Apx.Sz Lvl Apx.Sz Apl RANGE,REFRIGERATOR,WASHER,* LR M MBR M OthRm DR M BR1 Heat BASEBOARDS,ELECTRIC FR BR2 M Cool CEILING FAN War N DEN BR3 M IntF ALL WINDOW TREATMENTS,ELE* KIT M BR4 WtSw SEPTIC,WELL +--------------------------------+----------------------------------+ GORGEOUS 3 BEDROOM & FULL WALKOUT BASEMENT ON .90 ACRE & WOODS TO REAR. BRAND NEW CARPET THROUGHOUT. 1-CAR DETACHED GARAGE HOME ALSO INCLUDES OVERSIZED DECK & FENCED REAR YARD. COMPARE THIS HOME & THIS SETTING TO ALL OTHERS. FHA/VA FINANCING AVAILABLE. TOUR THIS FINE HOME TODAY! + ------------------------------------------------------------------- + Sh CALL LIST* Bsh CALL LIST* LBx CPML LO C21PI 717-737-6113 SAC 3 BAC 3 OAC TLC 3 LT ERS LA STRAUB, TIMOTHY 717-737-6113 LA HOCKLEY, MATTHEW 717-441-5417 OW LA voicemail email +--------------------------------------------------------------------+ 9-JUN-2003 09:39:13 #1 LN: 10079246 1 Single Family FULL Format PT: SF ( SPT: SF +--------------------------------------------------------------------------+ ST: SETT LD: 05/20/02 LDR: 05/21/02 List Price: $ 113900 MT: 41 OMD: 06/30/02 XD: 12/30/02 Orig Price: $ 113900 UD: 07/30/02 CLD: 07,/26/02 FC 1 Sale Price: $ 112500 SO: THOMP SA: 67905 SA2: Cntr Price: $ SAC: 3 BAC: 3 OAC: TLC: 3 LT: ERS +--------------------------------------------------------------------------+ Address: 32 PINE HILL AVE City: MECHANICSBURG State: PA ZIP Code: 17050- Subdivision: WHITE BIRCH FARMS Area: 6 Map Page: Map Coords: County Code: CLIMB Prop ID No: N Municipality: SILVER SPRING Road Frontage: +--------------------------------------------------------------------------+ Remarks: GORGEOUS 3 BEDROOM & FULL WALKOUT BASEMENT ON .90 ACRE & WOODS TO REAR. BRAND NEW CARPET THROUGHOUT. 1-CAR DETACHED GARAGE HOME ALSO INCLUDES OVERSIZED DECK & FENCED REAR YARD. COMPARE THIS HOME & THIS SETTING TO ALL OTHERS. FHA/VA FINANCING AVAILABLE. TOUR THIS FINE HOME TODAY! + -------------------------------------------------------------------------- + SA Show Instr: CALL LIST CFFICE,APPOINT* Lock Box Desc: CPML BA Show Instr: CALL LIST OFFICE,APPOINT* Occupied (O/T/V): O +--------------------------------------------------------------------------+ Photo Code: PHOTO TAKEN Photo Instr: +--------------------------------------------------------------------------+ List Office: C21PI Name: C-21 PISCIONERI Phone: 717-737-6113 List Agent: 65232 Name: STRAUB, TIMOTHY Phone: 717-737-6113 List Agent Voicemail: List Agent EMail: List Agent2: 67626 Name: HOCKLEY, MATTHEW Phone: 717-441-5417 Owner Name: Owner Phone: Directions: 114N CROSS 181, R/OLD WILLOW RD, R/SUNSET, R/MARBLE, R/PINE Directions2: HILL. Possession: SETTLE +--------------------------------------------------------------------------+ Acres: 0.90 Tot Square Feet: 1120 Source: APPROXIMATE Lot Dimen: 171X198X200X224 Lot SgFt: 39000 New Construction: +--------------------------------------------------------------------------+ No Rooms: 6 Full Baths: 1 Spaces (Covered: 1 Uncovered: ) No Bedrooms: 3 Half Baths: No Fireplaces: Year Built: 1992 Other Baths: Warranty: N No Stories: 1.0 Tot Baths: 1 Handicap Modified: N ----------------------------- ----------------------------------------------+ Full Bath Level: M Half Bath Level: +------------- -------------------------------------------------------+ Information Deemed Reliable But Not Guaranteed. Page 1 of 2 LN: 10079246 1 Single Family FULL Format PT: SF / SPT: SF +--------+-----------+-----+-----------------------------------------------+ Rm Name Dimen ILevell Desc +--------+-----------+-----+-----------------------------------------------+ Liv M Din M Fam Den Kit M Mbr M BR1 BR2 M BR3 M BR4 OR1 OR2 OR3 WINDOW TREATMENT,WALL TO WALL CARPET WINDOW TREATMENT,WALL TO WALL CARPET,BALCONY/ DECK VINYL FLOORING,WINDOW TREATMENT CEILING FANS,WINDOW TREATMENT,WALL TO WALL CARPET WINDOW TREATMENT,WALL TO WALL CARPET WINDOW TREATMENT,WALL TO WALL CARPET }--------+-----------+-____-F-----------------------------------------------+ HO Assoc(Y/N): N Assoc Fee Incl: HO Assoc Fee: +--------------------------- ------------------------------------+ Tax Amount: 1288 Disclosure Form: Y +--------------------------------------------------------------------------+ Tax Year: 01/02 1 +--------------------------------------------------------------------------+ School District: CUMB +---------------------- -------------------------------------------+ Acc Financing: Amenities: Appliances: Basement: Construction: Cooling: Electric: Equipment: Exterior: Exterior Feat: Fence Desc: Flooring: Foundation: Heating: Interior Feat: Lot Desc: Miscellaneous: Other Rooms: Parking: Roof: Style: CONVENTIONAL,VA,FHA,CASH GOLF COURSE,SHOPPING/MALL RANGE,REFRIGERATOR,WASHER,DRYER WALKOUT,FULL,UNFINISHED FRAME CEILING FAN CIRCUIT BREAKERS,200+ AMPS SMOKE DETECTORS,CEILING FAN,CABLE READY VINYL PORCH,DECK,STORAGE SHED/OUT BLDG,LANDSCAPED CHAIN LINK: WALL TO WALL CARPET,VINYL BLOCK BASEBOARDS,ELECTRIC ALL WINDOW TREATMENTS,ELEC. STOVE CONNECTION,ELEC. DRY* WOODED,LEVEL,SLOPING Water Sewer: Waterfront Desc: Zoning: Farms: Outbuild: ATT,1 CAR GAR COMPOSITION RANCH SEPTIC,WELL RESIDENTIAL + -------------------------------------------------------------------------- + Information Deemed Reliable But Not Guaranteed. Page 2 of 2 VERIFICATION We, William C. Bennett, Jr. and Shannon Bennett, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not our own. We have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: / ! U l Dated: ©? Shannon Bennett 304889-1 R? ?. C C SHERIFF'S RETURN - REGULAR CASE NO: 2004-03010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENNETT WILLIAM C JR ET AL VS DUPERT KAREN F/K/A KAREN MCCLI KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DUPERT KAREN F/K/A KAREN MCCLINTOCK the DEFENDANT , at 1750:00 HOURS, on the 14th day of July 2004 at 105 N LOCUST LANE MECHANICSBURG, PA 17050 by handing to KAREN DUPERT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.72 Affidavit .00 Surcharge 10.00 .00 48.72 Sworn and Subscribed to before me this /L day of tari.?'Y?7r So Answers: R. Thomas Kline 07/15/2004 METZGER WICKERSHAM By: D p y eri f Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT And now comes the Defendant, Karen Dupert, formerly known as Karen McClintock, by her attorney, Barbara Sumple-Sullivan, and raises the following Preliminary Objections to the Plaintiffs' Complaint in accordance with Pennsylvania Rules of Civil Procedure 1028. I. DEMURRER: a) Plaintiffs' Complaint fails to set forth a cause of action for breach of contract. Plaintiff has failed to state what the breach of contract was and to plead any damages alleged to be resulting there from. b) Plaintiffs' Complaint fails to set forth a cause of action for fraud in that no damages are plead resulting from the alleged fraud. WHEREFORE, Plaintiff 's Complaint should be dismissed. II. MOTION TO STRIKE or MOTION FOR MORE SPECIFIC PLEADING: Plaintiffs' Complaint must be stricken or Plaintiffs must be required to plead with the requisite specificity since their Complaint fails to conform to the Pa. R.C.P. 1019 as follows: a) Pa. R.C.P. 1019(f) requires that a Complaint set forth averments of time, place and items of special damage shall be specifically stated. Plaintiffs have failed to plead with the requisite specificity damages, the specific time when the alleged serious and substantial defects to the property were discovered. General averments of "subsequent to settlement" as contained in paragraphs 7, 8, 29 are inadequate, b) Pa. R.C.P. 1019 (b) requires averments of fraud to be averred with particularity. Plaintiffs have failed to plead an action for fraud. c) Plaintiffs have failed to plead any monetary loss or damages alleged to be resulting from Defendants' actions. WHEREFORE, Defendant asks that Plaintiffs shall be required to plead in this Complaint in conformity with the specificity required by the Rules of Court and or to dismiss said Complaint. Respectfully Dated: July 30, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v : CIVIL ACTION -LAW KAREN DUPERT flk/a, NO. 04-3010 KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Steven P. Miner, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 DATED: July 30, 2004 Barbara Sumpie-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant ft1 ? r : C ; WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT Ma KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION OF TO PLAINTIFFS' COMPLAINT AND NOW, come the Plaintiffs, William C. Bennett, Jr. and Shannon Bennett, by their attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and answer Defendant Karen Dupert, Dk/a Karen McClintock's Preliminary Objections to Plaintiff's Complaint: L DEMURRER: a) Denied. b) Denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court overrule Defendant's Objection to Plaintiffs' Complaint and Order Defendant to file and Answer to Plaintiffs' Complaint within twenty (20) days of the Court's Order. II. MOTION TO STRIKE or MOTION FOR MORE SPECIFIC PLEADING: 1. Denied. WHEREFORE, Plaintiffs respectfully request that this Honorable Court overrule Defendant's Objection to Plaintiffs' Complaint and Order Defendant to file and Answer to Plaintiffs' Complaint within twenty (20) days of the Court's Order. 310101-1 Respectfully Submitted METZGER WICKERSHAM KNAUSS & ERB, P.C. By David H. Martineau, Esquire Attorney ID: 84127 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: August 12, 2004. 310101-1 CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs' Answer to Defendant's Preliminary Objections to Plaintiffs' t Complaint, with reference to the foregoing action by first class mail, postage prepaid, thVZANay of August, 2004, on the following: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. avid H. Martineau, Esquire 310101-1 hJ ? ?? ' ?1 S _ ? L .1 G? ?? ? e .. ? ' L ?, C . '. :'::? r.' _ :. wY WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant NO. 04-3010 JURY TRIAL DEMANDED NOTICE TO: Karen Dupert f/k/a Karen McClintock c/o Barbara Sumpel-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 304889-! WILLIAM C. BENNETT JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. 04-3010 KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED NOTICIA TO: Karen Dupert f/k/a Karen McClintock c/o Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia cscrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 304889-1 WILLIAM C. BENNETT, JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. 04-3010 KAREN DUPERT f/k/a KAREN MCCLINTOCK Defendant JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, comes Plaintiffs, William C. Bennett, Jr. and Shannon Bennett, by and through their attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and state the following causes of action and in support thereof, aver as follows: 1. Plaintiffs, William C. Bennett, Jr. and Shannon Bennett, are adult individuals having their primary residence at 32 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Karen S. Dupert f/k/a McClintock, is an adult individual with her principal residence at 105 North Locust Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. On June 30, 2002, Plaintiffs and Defendant entered into a standard agreement for the sale of real estate by which Defendant agreed to sell the real property at 32 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17050 ("Property") to Plaintiffs. A true and correct copy of the standard agreement of sale of real estate is attached as Exhibit "A". 304889-1 4. During negotiations for the sale of the Property, :Defendant provided Plaintiffs with a Seller's Property Disclosure Statement ("the Disclosure"). A true and correct copy of the Disclosure is attached hereto as Exhibit "B". 5. During negotiations for the sale of the Property, ]Defendant provided Plaintiffs with a Realtors Listing and Description of the Property. A true and correct copy of Listing and Description is attached hereto as Exhibit "C". 6. The parties settled on the sale of the Property on or about July 26, 2002. Subsequent to the settlement, Plaintiffs discovered the true structural nature of the Property. 8. Subsequent to the settlement, Plaintiffs discovered serious and substantial defects to the Property. COUNT I - Breach of Contract 9. The averments of paragraphs 1 through 8 hereof are incorporated herein by reference. 10. Defendant has breached the contract by failing to deliver the Property as represented and contracted. 11. Subsequent to the settlement, Plaintiffs began remodeling of the Property and discovered that the Property was a modular home and not a frame style construction as represented. 12. By reason of the Defendant's material misrepresentation and breach, Plaintiffs have sustained significant damages in the form of loss of market value of a frame construction home and a modular home. 304889-/ 13. Plaintiffs have made several demands from Defendant for compensation of the loss of market value from Defendants, which have gone unanswered. WHEREFORE, the Plaintiffs, WILLIAM C. BENNET'T JR. and SHANNON BENNETT, respectfully request this Honorable Court to enter a judgment in their favor and against Defendant in an amount in excess of limits of mandatory arbitration in Cumberland County, plus costs, interest, damages for delay and/or attorney fees as allowed by law and such other relief as the Court deems just and proper. COUNT II - Fraud in the Inducement 14. The averments of paragraphs 1 through 13 hereof are incorporated herein by reference. 15. Subsequent of taking possession of Property, Plaintiffs began remodeling the property. 16. Plaintiffs' remodeling revealed water damage to the property that was purposely concealed and not disclosed by Defendant. 17. Defendant deliberately concealed water damage in her basement by covering the water damaged areas with paint. This water damage was discovered by Plaintiffs when they began their remodeling project. 18. Defendant had knowledge of the said water damage conditions at the time that she executed the Disclosure Statement. 304889-1 19. Defendant claimed on the Disclosure Statement to have had only one (1) dog living in the Property during her ownership of the Property. 20. Plaintiffs discovered shortly after beginning the remodeling on the Property that the drywall in the house was saturated with cat urine. 21. Defendant harbored stray cats or owned cats that were kept in the house and not disclosed. 22. Defendant did not disclose ownership or harboring of any cats nor did she indicate to the Plaintiffs that she regularly housed stray cats. 23. Defendant purposely painted over wet areas in the drywall to conceal damage caused by cat urine. 24. Defendant's actions in painting over wet drywall and other items to conceal damage were deliberate attempts to conceal the condition of the Property. 25. Defendant had knowledge of the condition of pet urine at the time that Defendant executed the Disclosure Statement. 26. Defendant was able to mask the pet odors by requiring twenty-four (24) hour notice for real estate showings of the Property. This allowed the outside air to ventilate the house and reduce the cat urine odor. 27. Defendant failed to disclose the condition with pet urine to Plaintiffs on Defendant's Seller's Disclosure otherwise at or before the time of sale. 28. Defendant's attempts to conceal damage to the :Property constituted fraud. 304889-I 29. Defendant represented to the Plaintiffs that the Property was of a frame style construction and listed it as such on the Realtor's Listing and Description of Property. 30. In pre-settlement negotiations, Defendant made specific representations to Plaintiffs that the house was frame built and not modular. 31. Subsequent to the settlement, Plaintiffs began remodeling the Property and discovered that the Property was a modular home and not a frame style construction as represented. 32. Plaintiffs were induced to purchase the Property based upon Defendant's materially false and misleading misrepresentations, acts and/or omissions. 33. Plaintiffs have suffered damages due to Defendant's fraudulent acts in the amounts of: a. $11,140.00 for repairs to water damage. b. $14,286.39 for repairs to drywall. C. Loss of market value of the property due to the style of construction. WHEREFORE, the Plaintiffs, WILLIAM C. BENNETT JR. and SHANNON BENNETT, respectfully request this Honorable Court to enter a judgment in their favor and against Defendant in an amount in excess of limits of mandatory arbitration in Cumberland County, plus costs, interest, damages for delay and/or attorney fees as allowed by law and such other relief as the Court deems just and proper. 304889-1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: By: David H. Martineau, Esquire Attomey I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs 304889-1 VERIFICATION We, William C. Bennett, Jr. and Shannon Bennett, hereby certify that the following is correct: The facts set forth in the foregoing Amended Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on our behalf in this matter. The language of the Complaint is that of counsel and not our own. We have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, we have relied upon such counsel in making this Verification. We hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Dated: William C?&Ir?ett' fr. Dated: C" ? Shannon Bennett 1 304889-! WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KAREN DUPERT fVa KAREN McCLINTOCK Defendant NO. 04-3010 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this /;""'day of September, 2004, I, David H. Martineau, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, hereby certify that I served a copy of the Amended Complaint by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 David H. Martineau 304889-1 N ?.y l CD t ) TI :1 t N Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK, Defendant NOTICE TO PLEAD To: Mr. William C. Bennett, Jr. Ms. Shannon Bennett clo David H. Martineau, Esquire Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Dated: October 14, 2004 13arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendants Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL, DEMANDED ANSWER, NEW MATTER AND COUNTERCLAIM 2. 5. Admitted. Admitted. Admitted in part. Denied in part. It is admitted that on June 30, 2002, Plaintiffs and Defendant entered into a standard agreement for the stale of real estate by which Defendant agreed to sell the real property at 32 Pine Hill Avenue, Mechanicsburg to Plaintiffs. The remainder of the paragraph is denied since there are no documents attached to the Amended Complaint as Exhibit A. Denied. It is denied that Defendant provided Plaintiff with a Seller's Property Disclosure Statement "the disclosure" during the negotiations. It is averred that a Seller's Disclosure form was completed by and in consultation with the re:altor and a disclosure form was provided to the Plaintiffs by the realtor. The remainder of the paragraph is denied since there are no documents attached to the Amended Complaint as Exhibit B. Denied. It is denied that Defendant provided any realtors listing and description of the property to the Plaintiffs. The remainder of the paragraph is denied since there are no documents attached to the Amended Complaint as Exhibit C. 6. Admitted. Denied. After reasonable investigation, Defendant denies the allegations contained in paragraph 7. Defendant is without knowledge sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. Defendant further avers that at all times relevant hereto, the structural nature of the property was known to Plaintiffs and had been available for inspection. 8. Denied. After reasonable investigation, Defendant denies the allegations contained in paragraph 8. Defendant is without knowledge to form a belief as to the truth of the averment and proof thereof is demanded at trial. It is also specifically denied that any serious and substantial defects existed in the property at the time of sale to Plaintiffs. COUNTI BREACH OF CONTRACT 9. The answers contained in paragraphs 1 through 8 are incorporated therein by reference. 10. Denied. Paragraph 10 is denied as a conclusion of law to which no responsive pleading is due. 11. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averment and same is denied. Proof of same is demanded at trial. 12. Denied. Paragraph 12 is denied as a conclusion of law to which no responsive pleading is due. By way of further answer, it is denied that Defendant made any material misrepresentation or in any regard breached the terms of the agreement. It is denied that there is a loss of market value for the property and proof of same is demanded at trial. 13. Admitted. It is admitted that Plaintiffs have made several demands for compensation from Defendant (sic) which have gone unanswered. It is averred that no compensation is due and that no loss of market value exists. WHEREFORE, Defendant demands judgment in her favor. COUNT II FRAUD BY INDUCEMENT 14. The answers to paragraphs I through 13 are incorporated herein by reference. 15. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averment and same is denied. Proof of same is demanded at trial. 16. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth of the averments and same is denied. Proof of same is demanded at trial. It is denied that at any time while in the home, Defendant undertook any action to either purposely conceal and/or not disclose water damage to the property. 17. Denied. It is denied that Defendant deliberately concealed water damage in her basement by covering the water damaged areas with paint. It is averred that no prior water damage existed and there had been no attempt to conceal. While Defendant was in possession of the property, Defendant had treated the basement walls with waterproof paint as part of her attempts to maintain the property and improve the appearance of the basement. At no time was water damage ever been noted. New paint on the basement block wall was provided by Defendant prior to sale solely in order to make it aesthically pleasing for sale and provide consistency of color. 18. Denied. It is denied that any water damage existed in the basement at the time of execution of the disclosure statement or at any other time. 19. Admitted. 20. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of the averment and said paragraph is denied. It is averred that during Defendant's occupancy, there was no knowledge of any cat urine. It is further averred that Plaintiffs had a cat at or near the time of purchase of the property. 21. Denied. It is denied that Defendant harbored stray cats on her property. 22. Admitted in part. Denied in part. It is admitted that Defendant did not disclose ownership or harboring of any cats nor did she indicate that she regularly housed stray cats. It is denied, however, that Defendant did own, harbor, or house stray cats. At all times relevant hereto, Defendant only owned one cat .and that was in 1997. 23. Denied. It is denied that Defendants purposely painted over wet areas in the drywall to conceal damage caused by cat urine. At the time of sale to the Plaintiffs, Defendant denies that cat urine existed and it is further denied that Defendant painted any drywall except the bathroom ceiling. 24. Denied. It is denied that Defendant painted wet drywall or took deliberate attempts to conceal the condition of the property. By way of further answer, paragraph 23 is incorporated herein by reference. 4 25. Denied. It is denied that Defendant had knowledge of the condition of pet urine at the time Defendant executed the disclosure statement. It is further averred that Defendant had no knowledge of any pet urine. 26. Denied. It is denied that Defendant took any action to mask pet odors. While twenty four hour notice for real estate showing of the properly was a requirement of Defendant, it is averred that said requirement was in existence for the sole purpose of being sure that a custodian could be available to supervise and/or restrain Defendant's dog when strangers were going through the home. 27. Admitted in part. Denied in part. It is admitted that Defendant did not disclose the condition of pet urine to Plaintiffs on the disclosure or otherwise at or before the sale. It is denied that a condition of pet urine existed at or before the sale. 28. Denied. Paragraph 28 is denied as a conclusion of law to which no responsive pleading is due. 29. Denied. Paragraph 29 is denied as stated. It is denied that Defendant represented to Plaintiffs that the property was a frame style construction since Plaintiffs and Defendant had no direct specific pre-settlement negotiations. It is admitted that the realtor's listing and property description, as prepared by the realtor, listed the house as frame. It is asserted that the house is frame and that given the restricted number of potential responses, Defendant was advised that this was the appropriate description for the property. 30. Denied. It is denied that Defendant made any specific representation to Plaintiff that the home was frame built and not modular. It is asserted that at no time did Defendant and Plaintiffs have pre-settlement negotiations nor did Defendant specifically make representations to Plaintiffs. 31. Denied. After reasonable investigation, Defendant is without knowledge as to the truth of the averment. Proof thereof is demanded. 32. Denied. Paragraph 32 is denied as a conclusion of law to which no responsive pleading is due. Defendant denies that she made any materially false and misleading misrepresentations, acts and/or omissions. By way of further answer, Defendant is without knowledge as to the truth of the averment and proof is demanded at trial. 33. Denied. After reasonable investigation, Defendant is without knowledge as to the truth of the averment and same are denied. WHEREFORE, Defendant respectfully requests judgment be entered in her favor. NEW MATTER 34. The answers to paragraphs 1 through 33 are incorporated herein by reference. 35. Plaintiffs resided in and had exclusive possession of the property for approximately one (1) year prior to raising any issue concerning the cat m-ine. 36. During that year, Plaintiffs had the property occupied by their pet cat and dog. 37. Plaintiffs had a construction inspector review and inspect the property prior to purchase. 38. Plaintiffs' construction inspector raised no problem with wet drywall caused by urine stain. 39. Plaintiffs' inspector noted only two spots in the home with wet drywall, which were in the hallway and next to the door. 40. These conditions were raised and settled by an Addendum to the Agreement for Sale of Real Estate dated July 11, 2002. 41. Plaintiffs received One Thousand Dollars ($1,000.00) from Defendant towards the repairs at the time of settlement and purchased the home "as is". 42. Plaintiffs' construction inspector raised no problem with pet urine. 43. Plaintiffs were on the property without giving twenty four hour notice to Defendant. 44. Plaintiffs came on two (2) separate occasions to the property without giving Defendant an opportunity to provide for her dog. 45. The home purchased by Plaintiffs has frame construction. 46. All modular homes are frame construction. WHEREFORE, Defendant requests judgment in her favor. COUNTERCLAIM 47. Counterclaim Plaintiff is Karen Dupert, an individual residing at 105 North Locust Lance, Mechanicsburg, Cumberland County, Pennsylvania 17055. 48. Counterclaim Defendants are William C. Bennett, Jr. and Shannon Bennett, are individuals residing at 32 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 49. Counterclaim Defendants are the parents of Christopher Bennett, a minor child and have custody of said child. 50. Since April, 2003, Counterclaim Defendants, acting individually or through their son, have conducted a campaign of intentional actions of harassment and terror against the Counterclaim Plaintiff, which actions still continue to date. These actions have included the following: a) Throwing raw eggs against the Counterclaim Plaintiff s home on numerous occasions; b) Painting the driveway of Counterclaim Plaintiff s home and then later leaving, as a further warning, a tray of the same color paint in Counterclaim Plaintiff s driveway; C) Painting of graffiti on Counterclaim Plaintiffs garage door; d) Throwing a fire bomb or similar incendiary device into Counterclaim Plaintiffs yard; and e) Stalking and/or harassing the Counterclaim Plaintiff by being seen at the location of Counterclaim Plaintiff s home without cause and reason. COUNTI LIABILITY FOR TORTIOUS ACTS OF MINOR CHILD 51. Paragraphs I through 50 of Counterclaim Plaintiff s Answer, New Matter and Counterclaim are incorporated herein by reference. 52. Counterclaim Defendants, as the parents of Christopher Bennett, have a duty to exercise reasonable care to control their minor child to prevent him from intentionally harming others or from so conducting themselves to create an unreasonable risk of bodily harm to others. 53. Counterclaim Defendants have breached this duty of care through their lack of supervision of their minor child as is owed to the Counterclaim Plaintiff. 54. Counterclaim Defendants' child has performed and been convicted of acts of destruction to Counterclaim Plaintiff's property and caused her mental anguish and injury. 55. Counterclaim Defendants have, by their actions and their child's actions, intentionally inflicted emotional distress on the Counterclaim Plaintiff, for which Counterclaim Plaintiff seeks compensation for punitive and compensatory damages. 56. In accordance with 23 Pa.C.S.A. §5501, Counterclaim Defendants are liable for any tortious act of their child. WHEREFORE, Counterclaim Plaintiff demands judgment in her favor in excess of $10,000.00 plus attorney fees, punitive damages and costs of suit. COUNT II INTENTIONAL INFLICTION OF MENTAL DISTSRSS 57. Paragraphs 1 through 56 of Counterclaim Plaintiff's Answer, New Matter and Counterclaim are incorporated herein by reference. 58. Counterclaim Defendants' child has repeatedly performed such extreme and outrageous acts upon Counterclaim Plaintiff individually and upon her property that is beyond the bounds of decency and is regarded atrocious and intolerable by Counterclaim Plaintiff. 59. Counterclaim Defendant's child has intentionally performed such acts of destruction. 60. Counterclaim Defendant, William C. Bennett Jr., has additionally committed acts against Counterclaim Plaintiff by trespassing on her property at all times without cause or reason. 61. Counterclaim Plaintiff is now suffering from anxiety and emotional distress and was required to seek medical treatment as a result of Counterclaim Defendants' actions. 62. As a result of Counterclaim Defendant's actions and the actions of their minor child, Counterclaim Plaintiff has lost time at work and suffered from lost wages. WHEREFORE, Counterclaim Plaintiff seeks judgment in the sum of Ten Thousand Dollars ($10,000.00), plus attorney fees, punitive damages and costs of suit. COUNT III ASSAULT 63. Paragraphs 1 through 62 of Counterclaim Plaintiff's Answer, New Matter and Counterclaim are incorporated herein by reference. 64. Counterclaim Defendant has intended to cause harmfiil or offensive contact with Counterclaim Plaintiff or imminent apprehension of such conduct. 65. Counterclaim Defendant's behavior has placed Counterclaim Plaintiff in reasonable apprehension of physical injury. 66. As a result, Counterclaim Plaintiff has suffered from anxiety and has sought medical treatment for her anxiety. WHEREFORE, Counterclaim Plaintiff demands judgment in her favor in excess of $10,000.00, plus attorney fees, punitive damages and costs of'suit. 10 WHEREFORE, Counterclaim Plaintiff demands judgment in her favor. Dated: October 14, 2004 (717) 774-1445 Supreme; Court I.D. 32317 Attorney, for Defendant 11 549 Bridge Street New Cumberland, PA 17070 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED VERIFICATION I, Karen Dupert f/k/a Karen McClintock, hereby certify that the facts set forth in the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: d IO L - Ct ?P?n 47 KAREN DUPERT f/k/a Karen McClintock Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, 7R. SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL ]DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 1711¢' DATED: iunr , 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant f") n? c? f7 r ? 7 y fA7 rrry WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-3010 : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT 34. Paragraph 34 of Defendant's New Matter merely incorporates Defendant's Answers to Plaintiffs' Amended Complaint and makes no factual averment to which a responsive pleading is required. 35. Denied. 36. Admitted. 37. Admitted that Plaintiffs had a home inspection prior to settlement. It is denied that the inspector was a "construction" inspector. 38. Admitted that the inspector did not notice the cat urine problem. Denied to the extent that Defendant classifies the inspector as a "construction." inspector. 39. It is Admitted that the inspector only noted two spots of damaged drywall. 40. Admitted that Plaintiffs and Defendant entered into an addendum agreement addressing drywall issues. Denied to the extent that Defendant's pleading referencing "These issues" implies the inclusion of any issue not expressly addressed in the addendum agreement. 314183-1 41. Admitted in part and denied in part. It is admitted that Plaintiffs received $1,000 for repairs to the property. It is denied that Plaintiffs purchased the property "as is". 42. Admitted. 43. Denied. 44. Denied. 45. Denied. 46. Denied. WHEREFORE, Plaintiffs demand that Defendant's New Matter be dismissed, and that judgment be entered in Plaintiffs' favor against Defendant as requested in the Complaint filed in this action. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Ey: David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: November 112004 314183-1 VERIFICATION We, William C. Bennett, Jr. and Shannon Bennett, verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Dated: William C e ett, Jr. Dated: /p -,Z % • p 4.1 Shannon Bennett 314183-1 CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Answer to New Matter with reference to the foregoing action by first class mail, postage prepaid, this '^day of November, 2004, on the following: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 David H. Martineau, Esquire 314183-1 L`:1 r.a C'S `,]7 WILLMM C. BENNETT, JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -]LAW V. NO. 04-3010 KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WI THIN PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. 1028(a)(5) WITHIN TWENTY (20) DAYS FROM THE DATE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. David H. Martineau., Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiffs Dated: November Z , 2004. 314189-1 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-3010 JURY TRIAL DEMANDED PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIMS AND NOW, come the Counterclaim Defendants, William C. Bennett, Jr. and Shannon Bennett, by and through their attorneys, Metzger Wickersham Knauss & Erb, P.C., and make the following Preliminary Objections: 1. DEMURRER 1. Counterclaim Defendants' son, Christopher Bennett, was adjudicated guilty of acts against Counterclaim Plaintiff by the Juvenile Criminal Division of the Cumberland County Court of Common Pleas. 2. To the extent that Christopher Bennett did perform any of the acts indicated in Counterclaim Plaintiff's Counterclaim, such acts were the acts for which Christopher Bennett was adjudicated guilty as set forth in Paragraph 1 above. 3. The Cumberland County Court of Common Pleas directed Counterclaim Defendants to pay restitution to Counterclaim Plaintiff in the amount of $162. 314189-1 4. Counterclaim Defendants did pay the Court Ordered restitution to Counterclaim Plaintiff. 5. 23 Pa.C.S.A. §5503 provides that the criminal restitution referred to in Paragraph 3 above is Counterclaim Plaintiff's exclusive remedy for the acts outlined in Counterclaim Plaintiff's Counterclaim. WHEREFORE, Counterclaim Defendants respectfully request this Honorable Court to dismiss all Counts of Defendant's Counterclaim. II. 6. Paragraphs 1-5 above are incorporated herein by reference. 7. Count II of Counterclaim Plaintiff's Counterclaim purports to seek damages for the intentional infliction of emotional distress for Counterclaim Defendant William C. Bennett, Jr.'s trespass upon the property of Counterclaim Plaintiff. 8. The Counterclaim provides only a conclusorystatement of trespass and does not make any allegation of a specific act or series of acts by Counterclaim Defendant, William C. Bennett, Jr. 9. Mere trespass upon real property does not raise to the level of conduct that would be considered extreme or outrageous by any reasonable person.. 10. Counterclaim Plaintiff has failed to state any actionable claim against Counterclaim Defendant William C. Bennett, Jr. for acts of trespass. 314189-1 WHEREFORE, Counterclaim Defendants respectfully request this Honorable Court to dismiss Counterclaim Plaintiff's Counterclaim for acts of trespass by Counterclaim Defendant William C. Bennett, Jr. III. MOTION TO STRIKE OR MOTION FOR MORE SPECIFIC PLEADING 11. Paragraphs 1-10 above are incorporated herein by reference. 12. Paragraph 50 of Counterclaim Plaintiff's Counterclaim alleges that the acts complained of were committed by Counterclaim Defendants "individually or through their son". 13. Counterclaim Plaintiff's Counterclaim does not specify which acts are alleged to have been committed by Counterclaim Defendants and which acts are alleged to have been committed by Counterclaim Defendants' son. 14. Pa.R.C.P. 1019 requires Counterclaim Plaintiff to plead her action with sufficient specificity to set forth the nature and extent of her claim. 15. An action to recover the for the acts of the Counterclaim Defendants is fundamentally different from an action to recover for the acts of their child. 16. Counterclaim Plaintiff's Counterclaim does not state the allegations with sufficient specificity to determine the nature and extent of her claim. WHEREFORE, as an alternative to dismissing Counterclaims Plaintiff's Counterclaim as set for the in Counts I-II of this Preliminary Objection, Counterclaim Defendants respectfully request this Honorable Court to Order Counterclaim Plaintiff to plead facts sufficient to determine the nature and extent of her Counterclaim as required by the Pa.R.C.P. 314189-1 III. DEMURRER 17. Paragraphs 1-16 above are incorporated herein by reference. 18. 23 Pa.C.S.A. §5505 limits parental responsibility for the tortuous acts of their minor child to $1,000. WHEREFORE, as an alternative to dismissing Counterclaims Plaintiff's Counterclaim as set for the in Counts I-II of this Preliminary Objection, Counterclaim Defendants respectfully request this Honorable Court to dismiss Counterclaim Plaintiff's Counterclaim to the extent that it seeks damages in excess of $1,000. METZGER WICKERSHAM KNAUSS & ERB, P.C. By David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Attorneys for Defendants Dated: November 14, 2004. 314189-1 VERIFICATION We, William C. Bennett, Jr. and Shannon Bennett, verify that the statements made in the foregoing Plaintiffs' Preliminary Objection to Defendant's Counterclaims are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: William . Be ett, Jr. Dated: ) d• 5 O 4f ` ?C?J?.lti1 cry o? T J Shannon Bennett 314189-1 CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Plaintiffs' Preliminary Objection to Defendants' Counterclaims with reference to the foregoing action by first class mail, postage prepaid, this q ^ day of November, 2004, on the following: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 David H. Martineau, Esquire 314189-1 (") ?? C:::.S t'_: ? .[ r? ` : ' ?? i i r'`; ? -n I't'7 i7? ? ? ?,? t ? . . i ? _ : ) A? --! r, ?? I" a r'rti ., T 1 - ..? _, _i f _) r s , ? 4 d Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant : JURY TRIAL DEMANDED COUNTERCLAIM PLAINTIFF'S RESPONSE TO THE PRELIMINARY OBJECTIONS OF THE COUNTERCLAIM DEFENDANTS 1. DEMURRER Admitted. 2. Denied. After reasonable investigation, Counterclaim Plaintiff is without sufficient knowledge to know whether the acts are all the same acts for which the minor was adjudicated guilty. Proof of same is requested at trial. Admitted with the clarification that said restitution was for certain losses by the Counterclaim Plaintiff but that said was not comprehensive in amount. 4. Denied. Counterclaim Plaintiff denies receipt of $162.00. Counterclaim Plaintiff received $140.00 and said ordered restitution was not the total of her losses. Denied. Paragraph 5 is denied as a conclusion of law to which no responsive pleading is due. WHEREFORE, Counterclaim Plaintiff requests that the Preliminary Objections be dismissed. H. DEMURRER 6. Paragraphs 1 through 5 of this Response are incorporated herein by reference. 7. Denied. Paragraph 7 is denied. Said count includes a cause of action against the Counterclaim Defendants' son and Counterclaim Defendant William C. Bennett. 8. Denied. It is denied that Count II includes conclusory statements of trespass. It is noted that said Count incorporates by reference Paragraph 50 of the Counterclaim and all responses to the Complaint and New Matter. These specifically and sufficiently plead the acts underlying the claims. 9. Denied. Paragraph 9 is a statement to which no responsive pleading is due. By way of further answer, Counterclaim Plaintiff incorporates paragraph 8 above by reference. 10. Denied. Paragraph 10 is denied as a conclusion of law to which no responsive pleading is due. WHEREFORE, Counterclaim Defendants' objections should be dismissed. III. MOTION TO STRIKE OR MOTION FOR MORE SPECIFIC PLEADING 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Admitted. 13. Admitted with the clarification that said actions are plead to have occurred by both and will be clarified by deposition and trial. 14. Denied. Paragraph 14 is denied as a conclusion of law to which no responsive pleading is due. 2 15. Denied. Paragraph 15 is denied as a conclusion of law to which no responsive pleading is due. 16. Denied. Paragraph is denied as a conclusion of law to which no responsive pleading is due. WHEREFORE, Counterclaim Defendants' objection should be dismissed. IH. [sic] DEMURRER 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Denied. Paragraph 18 is a conclusion of law to which not responsive pleading is due. WHEREFORE, Counterclaim Defendants' preliminary objection should be dismissed. Respectfully s}xl?imi Dated: November, 2004 Bar ra liple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Supreme Court I.D. 32317 Attorney for Defendant/Counterclaim Plaintiff 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED VERIFICATION I, Karen Dupert f/k/a Karen McClintock, hereby certify that the facts set forth in the foregoing Counterclaim Plaintiffs Response to the Preliminary Objections of the Counterclaim Defendants are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 2004 KAREN DUPE f/k/a Karen McClintock Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION -LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing COUNTERCLAIM PLAINTIFF'S RESPONSE TO THE PRELIMINARY OBJECTIONS OF THE COUNTERCLAIM DEFENDANTS ANSWER, NEW MATTER AND COUNTERCLAIM, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 DATED: November,, 2004 Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1.445 Supreme Court I.D. No. 32317 Attorney for Defendant/Counterclaim Plaintiff l Cam.- _ C=3 -r? - 7 r Q w :.a? DEC 2 2 2004 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next: [ ] Pre-Trial Argument Court [X] Argument Court -------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.) Defendant/Counterclaim Plaintiffs Response to the Preliminary Objections of the Plaintiffs/Counterclaim Defendants' Answer, New Matter and Counterclaim 2. Identify counsel who will argue case: (a) for plaintiff: David H. Martineau, Esquire 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110 3 4 (b) for defendant: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 I will notify all parties in writing within two days that this case has been listed for argument. Certificate of Service is attached. Argument Court Date: February 2, Dated: December 21, 2004 Barbara Sumple-Sullivan, Esquire Attorney for Defendant/Counterclaim Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 , DATED: December 21, 2004 laibara Sumple-Sullivan, Esquire Attorney for ]Defendant/Counterclaim Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 l l Q ??' • -d y . _? CSC CD 1. _ WILLIAM C. BENNETT, JR., And SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a KAREN McCLINTOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Of NO:$3-3010 CIVIL TERM IN RE: PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIMS BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 2°d day of February, 2005, upon consideration of Plaintiffs' Preliminary Objections to Defendant's Counterclaims and of Counterclaim Plaintiffs' Response to the Preliminary Objection of the Counterclaim Defendant, and following oral argument held on February 2, 2005, the preliminary objections are denied. BY THE COURT, avid A. Martineau, Esq. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorney for Plaintiffs Jk-rbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1930 Attorney for Defendant :rc ?s 1 i '??? ?« ?'.._? a t _... 1 _, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT. Plaintiffs v. KAREN DUPERT IA/a. KAREN MCCLINfOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL AC"LION - LAW NO. 04-3010 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22. Defendant certifies that: I) A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2) A copy of the Notice of Intent, including the proposed Subpoena, is attached to this certificate, 3) No objection to the Subpoena has been received, and 4) The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. Date: ?? Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 C. 13ENNE1 1, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant, Karen Dupert f/k/a, Karen McClintock, intends to serve a subpoena identical to the one attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 1-3 / - 0-y Z' J _,J j Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, Plaintiffs V. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant NO. 04-3010 JURY TRIAL DEMANDED SUBPOENA DUCES TECUM To: Keeper of Records Verizon Unlawful Call Center 185 Franklin Street Room 400 Boston, MA 02110 Within (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things to the law office of Barbara Sample-Sullivan, Esquire at 549 Bridge Street, New Cumberland, Pennsylvania 17070: 1. All documents evidencing calls received at Defendant's residence, (717) 697-1850, on October 17, 2004. Information in these documents shall include, but are not limited to, the time each call (if more than one) was made and the location from which the call originated. You may deliver or mail legible copies of the documents or produce other things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Barbara Sample-Sullivan, Esquire Supreme Court ID#: 32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Date: BY THE COURT: Prothonotary/Clerk, Civil Division Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT flkla, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED SUBPOENA DUCES TECUM To: Keeper of Records Verizon Unlawful Call Center 185 Franklin Street Room 400 Boston, MA 02110 Within (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things to the law office of Barbara Srunple-Sullivan, Esquire at 549 Bridge Street, New Cumberland, Pennsylvania 17070: All documents evidencing calls received at Defendant's residence, (717) 697-1850, on October 17, 2004. Information in these documents shall include, but are not limited to, the time each call (if more than one) was made and the location from which the call originated. You may deliver or mail legible copies of the documents or produce other things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Barbara Sumple-Sullivan, Esquire Supreme Court ID#: 32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Date: l )o, _2 00 -'?' BY THE COURT: C ? ft' dt V2^ ' 1r-L Prothonotary/Clerk, Civil i sion Barbara Sumple-Sullivan, Esquire Supreme Court N32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT Elk/a, KAREN McCLIN'IOCK Defendant IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1. BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing Defendant's Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 DATED: B,drbara SLmple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 1 7070-1 93 1 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED PLAINTIFFS' ANSWER WITH NEW MATTER TO COUNTERCLAIMS 47. Admitted. 48. Admitted. 49. Admitted. 50. Denied. Neither Counterclaim Defendants nor their son have conducted any campaign of any type of acts, including intentional acts of harassment and terror against Counterclaim Plaintiff. Specifically: a) It is denied that either Counterclaim Defendants or their son have ever thrown eggs, raw or otherwise, against Counterclaim Defendants' home. b) It is denied that Counterclaim Defendants have ever place any paint upon Defendants' driveway. Counterclaim Defendants' son did on one occasion commit a single act of placing paint upon Counterclaim Plaintiff's driveway for which Counterclaim Defendants' son plead guilty in juvenile criminal court. Restitution was ordered in this case and has subsequently been paid in full. It is denied that either Counterclaim Defendant or Counterclaim Defendants' son laid a tray of similar color paint upon the Counterclaim Plaintiff's driveway at any time. 32!703-/ C) It is denied that either Counterclaim Defendants or their son have ever painted any graffiti on any part of Counterclaim Defendants' home. d) It is denied that either Counterclaim Defendants or their son have ever thrown a fire bomb or any other incendiary device into Counterclaim Defendants' yard. C) It is denied that either Counterclaim Defendants or their son have ever stalked or harassed Counterclaim Plaintiff by being seen at the location of Counterclaim Plaintiff's home without cause and reason. COUNTI LIABILITY FOR TORTIOUS ACTS OF MINOR CHILD 51. The allegations and answers contained in paragraphs 1-50 of Counterclaim Plaintiff's Amended Complaint, Answer to New Matter and Answer to Counterclaims are incorporated herein as if set forth in full. 52. Paragraph 52 states a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Paragraph 52 is denied and strict proof if required at time of trial. 53. Paragraph 53 states a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Paragraph 53 is denied and strict proof if required at time of trial. By way of further answer, Counterclaim Defendants have not at any time relevant hereto failed to exercise reasonable control over their son. 54. Admitted in part and denied in part. It is admitted that Counterclaim Defendants' son committed and plead guilty to the single act as outlined in paragraph 50 b) above. It is denied that Counterclaim Defendants have performed any other act alleged in the Counterclaim. 321703-1 It is further denied that any act of Counterclaim Defendants' son caused mental anguish or injury to Counterclaim Plaintiff. 55. Denied. No action or actions by Counterclaim Defendants' son have caused mental anguish or injury to Counterclaim Plaintiff. 56. Paragraph 56 states a conclusion of law to which no responsive pleading is required. To the extent that a responsive pleading is required, Paragraph 56 is denied and strict proof if required at time of trial. WHEREFORE, Plaintiffs respectfully request that this honorable court enter judgment for Counterclaim Defendant and against Counterclaim Plaintiff. COUNT II INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 57. The allegations and answers contained in paragraphs 1-56 of Counterclaim Plaintiff's Amended Complaint, Answer to New Matter and Answer to Counterclaims are incorporated herein as if set forth in full. 58. Denied. Counterclaim Defendants' child has not committed any act that is extreme and outrageous or that is beyond the bounds of decency or that is considered atrocious and intolerable. 59. Denied. As previously stated, Counterclaim Defendants' child did not commit the acts alleged by Counterclaim Plaintiff. Therefore it is denied that such acts were performed intentionally. 60. Denied. Counterclaim Defendant William C. Bennett, Jr. has never trespassed upon Counterclaim Plaintiff's property. 321703-1 61. Denied. Counterclaim Defendants are without sufficient knowledge of Counterclaim Plaintiff's mental or emotional state to form an opinion as to the accuracy of Counterclaim Plaintiff's allegation. Strict proof is therefore required at time of trial. It is specifically denied that to the extent that Counterclaim Plaintiff may suffer from any mental illness, defect or other mental condition, including anxiety or emotional distress, that such condition was caused by any act performed by Counterclaim Defendants or their son. 62. Denied. Counterclaim Defendants are without sufficient knowledge of Counterclaim Plaintiff's employment history to form an opinion as to the accuracy of Counterclaim Plaintiffs allegation. Strict proof is therefore required at time of trial. It is specifically denied that to the extent that Counterclaim Plaintiff may have lost time at work or lost wages, that such lost time or wages were caused by any act performed by Counterclaim Defendants or their son. WHEREFORE, Plaintiffs respectfully request that this honorable court enter judgment for Counterclaim Defendant and against Counterclaim Plaintiff. COUNT III ASSAULT 63. The allegations and answers contained in paragraphs 1-62 of Counterclaim Plaintiff's Amended Complaint, Answer to New Matter and Answer to Counterclaims are incorporated herein as if set forth in full. 64. Denied. Counterclaim Defendants have not intended to cause any harmful or offensive contact of any kind, or the imminent apprehension thereof with Counterclaim Plaintiff. 32/703-/ 65. Denied. No action of Counterclaim Defendant has placed Counterclaim Plaintiff in reasonable apprehension of physical injury. 66. Denied. Counterclaim Defendants are without sufficient knowledge of Counterclaim Plaintiff's mental or emotional state to form an opinion as to the accuracy of Counterclaim Plaintiff s allegation. Strict proof is therefore required at time of trial. it is specifically denied that to the extent that Counterclaim Plaintiff may suffer from any mental illness, defect or other mental condition, including anxiety or emotional distress, that such condition was caused by any act performed by Counterclaim Defendants of their son. WHEREFORE, Counterclaim Defendants respectfully request that this honorable court enter judgment for Counterclaim Defendants and against Counterclaim Plaintiff. NEW MATTER TO COUNTERCLAIMS 67. The allegations and answers contained in paragraphs 1-66 of Counterclaim Plaintiff's Amended Complaint, Answer to New Matter and Answer to Counterclaims are incorporated herein as if set forth in full. 68. Counterclaim Defendants' son plead guilty to any and all acts which Counterclaim Plaintiff claims to have been committed by Counterclaim Defendants' son, which Counterclaim Defendants' son actually committed. 69. The juvenile criminal division of the Cumberland County Court of Common Pleas set criminal restitution for these acts at $162.00. 70. All criminal restitution for said acts of Counterclaim Defendants' son has been paid by Counterclaim Defendants and their son. 32/703-I 71. Criminal restitution is set by the juvenile division of the Cumberland County Court of Common Pleas to "fully reimburse" Counterclaim Plaintiff. 23 Pa.C.S.A. §5503. 72. Counterclaim Plaintiff has no cause of action for damages in addition to the criminal restitution for the acts of Counterclaim Defendants' son. 73. Any parent's liability for the tortuous acts of their minor child, with respect to a single plaintiff, is limited to "[tlhe sum of $1,000 for injuries suffered by any one person as a result of one tortious act or continuous series of tortious acts." 23 Pa.C.S.A. §5505. 74. Counterclaim Plaintiff's real property is not part of Counterclaim Plaintiff's body. 75. Counterclaim Plaintiff's real property is not an extension of Counterclaim Plaintiff's body. 76. At no time relevant hereto did Counterclaim Plaintiff have a reasonable apprehension of immanent, harmful of offensive contact with Counterclaim Plaintiff's person or any extension thereof. WHEREFORE, Counterclaim Defendants respectfully request that this honorable court enter judgment for Counterclaim Defendants and against Counterclaim Plaintiff. METZGE?R, WICKERSHAM, KNAU _E_RB, P.C. By: David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: Attorneys for Plaintiffs / Counterclaim Defendants 321703-1 VERIFICATION We, William C. Bennett, Jr. and Shannon Bennett, verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. ? a / ;. 7 Dated: 3-1"0-5 William C. Be ett, Jr i z Dated: Shannon Bennett 321703-1 CERTIFICATE OF SERVICE I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Answer with New Matter to Counterclaims with reference to the foregoing action by first class mail, postage prepaid, this 6'-X- day of Apri l, 2005, on the following: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070 David H. Martineau, Esquire 321703-1 T CID ?4 Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO NEW MATTER 67. Admitted. 68. Denied. It is denied that Counterclaim Defendants' son plead guilty to all criminal acts he committed towards Counterclaim Plaintiff. Counterclaim Defendants' son pleads guilty only to all charges filed against him as of August, 2003. Further, charges for other acts have not been filed to date and the charges did not include all acts taken against the Counterclaim Plaintiff. 69. Denied. The Cumberland County Court of Common Pleas juvenile criminal division set restitution towards Counterclaim Plaintiff in the amount of $162.00. Counterclaim Plaintiff received $140.00 only for driveway painting. Counterclaim Plaintiff was advised to pursue through a civil action other damages, including but not limited to the garage door and siding issues. Counterclaim Plaintiff received no compensation for lost work or cleanup costs. 70. Denied. It is denied that Counterclaim Defendants' son has paid Counterclaim Plaintiff s restitution in full for all acts committed by Counterclaim Defendants' son towards Counterclaim Plaintiff. Counterclaim Plaintiff incorporates by reference paragraphs 68-70. 71. Denied. Paragraph 71 is denied as a conclusion of law to which no responsive pleading is due. By way of further answer, said allegation is irrelevant. 72. Denied. Paragraph 72 is denied as a conclusion of law to which no responsive pleading is due. 73. Denied. Paragraph 73 is denied as a conclusion of law to which no responsive pleading is due. By way of further answer, said allegation is irrelevant. 74. Admitted with the clarification that Counterclaim Plaintiff was placed in reasonable apprehension of physical injury by Counterclaim Defendants' and their son's actions. 75. Admitted with the clarification that Counterclaim Plaintiff was placed in reasonable apprehension of physical injury by Counterclaim Defendants' and their son's actions. 76 Denied. It is denied that Counterclaim Plaintiff did not have a reasonable apprehension of immanent [sic], harmful or offensive contact from Counterclaim Plaintiff [sic]. Paragraph 64 and 65 of the Counterclaim avers that Counterclaim Plaintiff had a reasonable apprehension of physical injury intentionally caused by Counterclaim Defendants and their son. WHEREFORE, Counterclaim Plaintiff requests that this Honorable Court enter judgment in her favor and against Counterclaim Defendants. Dated: April 2005 - L New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 549 Bridge Street Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and SHANNON BENNETT, Plaintiffs V. KAREN DUPERT f/k/a, KAREN McCLINTOCK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3010 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing ANSWER, NEW MATTER AND COUNTERCLAIM, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 DATED: April a4 2005 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant . ? _, . , - ;:`; ,, `. - , .. ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM C. BENNETT and SHANNON NO. 2004-3010 BENNETT, Plaintiff CIVIL ACTION -LAW V. KAREN DUPERT Vk/a KAREN MCCLINTOCK, Defendant MOTION TO QUASH SUBPOENA OF CHRISTOPHER BENNETT OR IN THE ALTERNATIVE. REQUEST FOR PROTECTIVE ORDER IN THE FORM OF THE ASSIGNMENT OF SEPARATE COUNSEL Plaintiffs, William C. Bennett and Shannon Bennett, by and through their counsel, David H. Martineau, Esquire, respectfully move this honorable Court to quash the Subpoena Duces Tecum, served by Defendant upon Christopher Bennett, a minor, in support of which Plaintiffs aver as follows: 1. Christopher Bennett is the minor son of Plaintiffs. 2. Plaintiffs have brought an action against Defendant for failure to disclose and related matters with respect to the sale of real property. 3. Defendant has brought certain counterclaims against Plaintiffs alleging a course of tortuous conduct, including primarily claims for negligent supervision and for vicarious liability revolving around acts allegedly committed by Plaintiffs son. 4. Defendant's counterclaims allege that certain criminal acts were committed by Plaintiff s son, Christopher Bennett, who is not a party to this action. 5. Christopher Bennett has been adjudicated delinquent in Juvenile Court for certain acts committed against Defendant's residence. 6. Defendant's counterclaims allege further criminal acts against Christopher Bennett in addition to those for which Christopher has been adjudicated delinquent. 7. Christopher Bennett has not been joined as a party to this action and has not been involved in Plaintiffs' claims against Defendant. 8. Defendant has served a Subpoena Duces Tecum together with a Notice of Deposition upon Christopher Bennett through his parents, Plaintiffs in this matter, demanding that Christopher appear to provide deposition testimony as well as produce documents. A true and correct copy of the Subpoena Duces Tecum is attached hereto as Exhibit "All and incorporated herein. Motion to Quash Subpoena 9. Paragraphs 1 though 8 of this Motion are incorporated herein as if set forth in full. 10. The facts of the acts that Christopher Bennett did commit against Defendant's residence are already established by Christopher's adjudication and do not need to be established by deposition. 11. To the extent that Christopher Bennett is or has been involved in any other illegal conduct alleged in Defendant's Counterclaims, such constitute criminal allegations and Christopher Bennett has a Constitutional right not to testify regarding such allegations. 12. Christopher Bennett is a minor and should not be subjected to needless deposition that is unlikely to produce any new, usable evidence. WHEREFORE, Plaintiffs respectfully request this honorable Court to quash the Subpoena Duces Tecum and Notice of Deposition and prohibit Plaintiff from deposing Christopher Bennett, or if this Court denies such request to quash, then to issue a Protective Order limiting the scope of Defendant's deposition to issues related to Plaintiffs' claims and prohibiting Defendant from deposing Christopher Bennett with respect to Defendant's Counterclaims. Motion for Protective Order to Have Counsel Appointed (In the Alternative) 13. Paragraphs 1 though 12 of this Motion are incorporated herein as if set forth in full. 14. Should this Court determine to permit Defendant to depose Christopher Bennett, Christopher Bennett should be given the assistance of counsel to advise him of his rights regarding the testimony that he is required to provide. 15. To the extent that Christopher Bennett is able to provide any such testimony, Christopher Bennett's interests are in conflict with those of his parents, Plaintiffs. 16. Because of such a conflict of interests, Plaintiff's counsel cannot represent Christopher Bennett at deposition. 17. As Plaintiff desires to take the deposition of Christopher Bennett, it is just that Plaintiff should pay the cost of any counsel appointed by this Court. WHEREFORE, Plaintiffs pray this honorable Court to appoint counsel for Christopher Bennett and direct that Plaintiff should pay the cost of such counsel. Respectfully Submitted, SALZMANN HUGHES, P.C. Dated: November 20, 2006 By: David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiffs Cxti;b;?-A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KAREN DUPERT ft/a, KAREN McCLINTOCK Defendant : CIVIL ACTION -LAW NO. 04-3010 JURY TRIAL DEMANDED SUBPOENA DUCES TECUM To: Mr. Christopher Bennett c/o Mr. and Mrs. William C. Bennett 32 Pine HUI Avenue Mechanicsburg, PA 17050 You are ordered by the Court to come to the law office of Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, Pennsylvania 17070 on Monday, December 18, 2006 at 12:00 p.m., to be deposed on behalf of the Defendant in the above case, and to remain until excused. And bring with you the following: 1. Any and all incident reports, complaints and other documents filed against you in the past five (5) years; and 2. Any and all Orders of Court entered against you in the past five (5) years. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY AN ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. No. 234.2(a) Name: Barbara Sumple-Sullivan, Esquire Address: 549 Bridge Street New Cumberland, PA 17070 Telephone: (717) 774-1445 Supreme Court ID#: 32317 BY T COURT: Pr ono /Cle k, Ci ' Division v, - G Date: Seal of the Court Official Note: This form of subpoena shall be used whenever a subpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance, with Pa. RC.P. No. 234.1. If a subpoena for a production of documents, records or things are desired, complete paragraph. CERTIFICATE OF SERVICE I hereby certify that on the 20t' day of November, 2006, I served a true and correct copy of the above Motion to Quash Subpoena of Christopher Bennett or in the Alternative, Request for the Assignment of Separate Counsel via mail addressed as follows: Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 SALZMANN HUGHES, P.C. Date: November 20, 2006 David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 r :+ ('"'? ? _ ?_, ? ... ., `?? ^' t ce ?? f- , ?? i .. ?1? __? ; w? ?,? f ?? ki t _?? r mr $g 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM C. BENNETT and SHANNON NO. 2004-3010 BENNETT, . Plaintiff CIVIL ACTION -LAW V. . KAREN DUPERT Vk/a KAREN MCCLINTOCK, Defendant RULE AND NOW, this Z l? day of ?JQ v . , 2006, upon consideration of the Plaintiffs' Motion to Quash Subpoena of Christopher Bennett or in the Alternative, Request for Protective Order in the Form of the Assignment of Separate Counsel, it is ORDERED that the parties to this action show cause, if any they have, why the Subpoena of Christopher Bennett should not be quashed. RULE RETURNABLE _,20 days from the date of service hereof. BY THE COURT: i a N ?? Q ?w. } 1 Lim . . 1 LLJ A 'matt Ll- c' © 0 U N U Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION -LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED RESPONSE TO PLAINTIFF'S MOTION TO QUASH SUBPOENA FOR CHRISTOPHER BENNETT OR IN THE ALTERNATIVE. REQUEST FOR PROTECTIVE ORDER IN THE FORM OF THE ASSIGNMENT OF SEPARATE COUNSEL 1. Admitted. 2. Admitted with the clarification that Counterclaim Plaintiff/Defendant disputes Plaintiffs allegations that she failed to disclose information and related matters with respect to the sale of real property. 3. Admitted with the clarification that Counterclaim Plaintiff/Defendant's Counterclaim was a claim in tort arising out of the actions of the minor and his vandalizing and destroying Counterclaim Plaintiff/Defendant's property, as well his actions taken to terrorize and intimidate the Counterclaim Plaintiff/Defendant. 4. Admitted. 5. Denied. After reasonable investigation, Counterclaim Plaintiff/Defendant is unaware of the exact status of the proceedings and adjudication against Christopher Bennett. This results in the need of discovery. 6. Denied. Counterclaim Plaintiff/Defendant's response to paragraph 5 is incorporated herein by reference. 7. Admitted in part. Denied in part. It is admitted that Christopher Bennett has not been joined as a party to this action. It is denied that Christopher Bennett has not been involved in Plaintiff s claims against Counterclaim Plaintiff/Defendant. Christopher Bennett has taken direct action against the Counterclaim Plaintiff/Defendant arising out of the claim filed by the Plaintiff. The extent of this contact and the extent that this behavior was incited or joined in by the Plaintiffs themselves are necessary elements for proof of the counterclaim. The exact involvement of the child and Plaintiffs in the following acts committed against Counterclaim Plaintiff/Defendant need to be clarified through discovery. These include: a. Painting the driveway of the Counterclaim Plaintiff/Defendant; b. Throwing raw eggs against the Counterclaim Plaintiff/Defendant's home on numerous occasions; c. Painting graffiti on Counterclaim Plaintiff/Defendant's garage door; d. Throwing a fire bomb or similar incendiary device into Counterclaim Plaintiff/Defendant's yard; 2 e. Stalking and/or harassing the Counterclaim Plaintiff/Defendant by being seen at the location of Counterclaim Plaintiff/Defendant's home without cause and reason; and f. Defecation and urination on Counterclaim Plaintiff/Defendant's property. 8. Admitted. Motion to Quash Subpoena 9. Paragraphs 1 through 8 of Counterclaim Plaintiff's Response are incorporated herein by reference. 10. Denied. The exact nature of the numerous acts which the child has committed against Counterclaim Plaintiff/Defendant have not been established by Christopher's adjudication and do need to be established by deposition. The child needs to be questioned about the involvement of the Counterclaim Defendants, his parents, in the actions and/or direction of his actions. Any juvenile proceedings will be unavailable to the Counterclaim Plaintiff since it is believed that these may be sealed. 11. Denied. Paragraph 11 is denied as a conclusion of law to which no responsive pleading is due. It is averred that this matter is a civil action and there is no constitutional right regarding his actions. 3 12. Admitted in part. Denied in part. It is admitted that Christopher Bennett is a minor. It is denied that the deposition will be needless and is unlikely to produce any new, usable evidence. The deposition will establish the scope of the actions taken by the Plaintiffs' son against the Counterclaim Plaintiff, the extent of involvement of Plaintiffs in the actions and/or whether the actions were taken at the request of the Plaintiffs in pure retaliation of what Plaintiffs and their son believed were some wrongs committed against them by the Counterclaim Plaintiff related to a real estate transaction. WHEREFORE, Counterclaim Plaintiff/Defendant respectfully requests this Honorable Court deny Plaintiffs' Motion to Quash the Subpoena Duces Tecum and allow the deposition to be scheduled. Motion for Protective Order to Have Counsel Appointed (In the Alternative) 13. Paragraphs 1 through 12 of Counterclaim Plaintiff's Response are incorporated herein by reference. 14. Denied. Counterclaim Plaintiff has no opinion on whether counsel for Christopher Bennett is appropriate or necessary. That is not a decision for this court. 15. Denied. After reasonable investigation, Counterclaim Plaintiff is without sufficient knowledge to form a basis as to the truth of the averment and proof thereof is required. 4 16. Denied. Paragraph 16 is denied as a conclusion of law to which no responsive pleading is due. 17. Denied. After reasonable investigation, Counterclaim Plaintiff is without the ability to respond to this averment. The allegation indicates that Plaintiff should pay the costs of counsel. Counterclaim Plaintiff has no problem with Plaintiff paying same if they believe counsel is necessary. However, there is no basis for Counterclaim Plaintiff to pay counsel to represent a person admitted to at least vandalizing Counterclaim Plaintiff s property. WHEREFORE, Counterclaim Plaintiff respectfully requests this Honorable Court deny Plaintiff's Motion and order Christopher Bennett to appear for deposition. Dated: December 21, 2006 Barbara Sumple-Sullivan;Tsquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Counterclaim Plaintiff/ Defendant 5 C?? ?J ?Jni 9•34A No•6769 P- 2 Barbara Sumple-Sullivan, Esquire Suprcmc Court #32317 549 Bridge Street Now Cumberlaad, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR, and : IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYL'V'ANIA Plaintiffs V. KAREN DUPERT f/k/a, KAREN MCCLINTOCK Defendant : CIVIL ACTION -LAW : NO. 04-3010 : JURY TRIAL DEMANDED 'V'ERIFICATION I, Karen Dupert /k/a, Kaaren McClintock, hereby certify that the facts set forth in the foregoing RESPONSE TO PLAINTIFF'S MOTION TO QUASH SUBPOENA FOR CHRISTOPHER BENNETT OR IN THE ALTERNATIVE, REQUEST FOR PROTECTIVE ORDER IN THE FORM OF THE ASSIGNMENT OF SEPARATE COUNSEL are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: 02 ?2C aOG? KAREN DU RT f/k/a Karen McClintock Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 WILLIAM C. BENNETT, JR. and IN THE COURT OF COMMON PLEAS SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW KAREN DUPERT f/k/a, NO. 04-3010 KAREN McCLINTOCK Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing RESPONSE TO PLAINTIFF'S MOTION TO QUASH SUBPOENA FOR CHRISTOPHER BENNETT OR IN THE ALTERNATIVE, REQUEST FOR PROTECTIVE ORDER IN THE FORM OF THE ASSIGNMENT OF SEPARATE COUNSEL, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: David H. Martineau, 354 Alexander Spring R Carlisle, PA 17( DATED: December 21, 2006 Barbara Simple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Counterclaim Plaintiff/ Defendant PJ r,3 T! i WILLIAM C. BENNETT, JR., IN THE COURT OF COMMON PLEAS OF And SHANNON BENNETT, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KAREN DUPERT f/kla KAREN McCLINTOCK, Defendant CIVIL ACTION - LAW NO. 04-3010 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO QUASH SUBPOENA BEFORE OLER, J. ORDER OF COURT AND NOW, this 3rd day of January, 2007, upon consideration of Plaintiffs' Motion To Quash Subpoena of Christopher Bennett or in the Alternative, Request for Protective Order in the Form of the Assignment of Separate Counsel, and of Defendant's response thereto, the motion is denied; provided, that nothing herein is intended to preclude either Plaintiff from procuring separate counsel for Christopher Bennett or to preclude Christopher Bennett from asserting such fifth amendment rights as he may have with respect to questions asked him. ,?I" avid A. Martineau, Esq. 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 Attorney for Plaintiffs rbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1930 Attorney for Defendant rc BY THE COURT, 'VlWA`i kSN'N3d f1C?? 11riNtYJ 0 E .3 Wd h- Nvf LOCI AMONOtH Odd Nl ?O 9A?3ZU WILLIAM C. BENNETT and SHANNON BENNETT, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : Civil Action - Law KAREN DEPERT f/k/a KAREN McCLINTOCK : No. 20043010 : Jury Trial Demanded PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David H. Martineau, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $25,426.39. The counterclaim of the defendant in the action is $10,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David H. Martineau, Esquire & Barbara Sumple-Sullivan, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted SALZMANN HUG , By: 1^ David H. Martineau, Esquire Attorney I.D. No. 84127 234 Alexander Spring Road, Suite 1 Date: September 15, 2008 Carlisle, PA 17015 (717) 249-6333 ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing petition, Es q Esq., and q ' , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. ti CERTIFICATE OF SERVICE I hereby certify that on the 15'h day of September 2008, I served a true and correct copy of the above Petition for Appointment of Arbitrators via fist class mail, postage pre-paid and addressed as follows: Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 SALZMANN HUGHES, P.C. Date: September 15, 2008 By: David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 MM brn Ilk WILLIAM C. BENNETT and SHANNON BENNETT, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law V. KAREN DEPERT f/k/a KAREN McCLINTOCK : No. 2004-3010 : Jury Trial Demanded PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David H. Martineau, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $25,426.39. The counterclaim of the defendant in the action is $10,000.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David H. Martineau, Esquire & Barbara Sumple-Sullivan, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted SALZMANN HUG , By: David H. Martineau, Esquire Attorney I.D. No. 84127 234 Alexander Spring Road, Suite 1 Date: September 15, 2008 Carlisle, PA 17015 (717) 249-6333 ORDER OF COURT A?m NOW, 6X405 i L 20Q8, in consideratio of the foregoing petition, Esq., and , Esq., are appointed arbitratcffs in the above captioned action (or actions) as prayed for. -1 7X By Court, P.J. r d }gyp 17'INVl'1-1 oNN13d ( n I' 'V WJ V 1 ,d3S 0001 AMdIOMu iOdd aHI J0 WILLIAM C. BENNETT and IN THE COURT OF COMMON PLEAS OF SHANNON BENNETT CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW KAREN DEPERT f/k/a KAREN McCLINTOCK : Defendant NO. 2004-3010 CIVIL NOTICE OF MEETING OF ARBITRATORS PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Wednesday, November 5, 2008, at 1:00 o'clock P.M. in the Old Courthouse, 2nd Floor Hearing Room, Carlisle, Pennsylvania. Taylor P. Andrews, Esquire Steven Howell, Esquire Cindy Hribal, Esquire Date: G '30_eF TO: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 David H. Martineau, Esquire 234 Alexander Spring Road Suite 1 Carlisle, PA 17013 Bulletin Board Prothonotary's Office Cumberland County Court House Carlisle, PA 17013 By: P. `Andrews, Chairman Cindy Hribal, Esquire 61 West Louther Street Carlisle, PA 17013 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Court Administrator's Office Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 `a rt ` ?ra `' ?a ? r?-' ?.. ?? i?z _:?cFr : - : ..._ . _ ,, r.. ??`? _"r' ? .? WcKWiq C. S yl QN Z d ?? ?K rt?'?' f Plaintiff K•crxv+ ?O??P4r? Fl,?/q ears-I ale -11,4 Adii? Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 6 ? --.36 ! 6 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with 'ty. i e Si e T ?lor f ? .cgs ?_?S Name ( 1 SName Name ?i¢,?1 rem, G.??r;??sd•? Law Firm 7 Address eart?s?? Jp? <7116(3 City, zip We, the 6?-K& 1. llvt.4-{// Lam„ ?iir? Law Firm L Law Firm Address Address tiOw Cu ?d'l iQ?? City, p city, zip 119 1 70 arbitrators, having been duly appointed and sworn (or affirmed), make the (Note: If damages for delay are awarded, they shalkbe sepalutely stated.) 0- 6 Date of Hearin: Date of Award:! Notice of Entry of 4F at-4d ,tea (&O-L ert name if applic (Chairman) , Now, the +k day of h).jwjgm&Lsg , 206E L, , at IT L3 .M., the above award was entered upon the ocket an d notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3 S0, n'6 lz? By: rothonotary Deputy Q r u rp- c W) t) d'` r`