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HomeMy WebLinkAbout04-3754TIMOTHY A. SNYDER and NANCY J.: IN THE COURT OF COMMON PLEAS OF SNYDER, Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, A Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION-EQUITY NO. 04-3754 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO AMEND AMENDED COMPLAINT BEFORE OLER and EBERT, JJ. ORDER OF COURT AND NOW, this IP day of July 2006, after a careful examination of the record and the briefs submitted by counsel, and following oral argument held on July 12, 2006, Plaintiffs' Motion for Leave To Amend Amended Complaint To Add a Count of Negligence is granted. Douglas G. Miller, Esq. West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013-3222 Attorney for Plaintiffs Thomas E. Brenner, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants BY T14F, COT TRT rl '1 A Y? I i ?" 1.... 1 TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. :No. 2004 -375-V CIVIL TERM STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. : CIVIL ACTION - EQUITY : JURY TRIAL DEMANDED PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the Defendants, Strickland Brother Construction, a Pennsylvania General Partnership, Strickland Brothers Construction, LLC, Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland, and enter my appearance on behalf of the plaintiffs, Timothy A. Snyder and Nancy J. Snyder. Please have the Sheriff serve the Defendants at the following addresses: , STRICKLAND BROTHER CONSTRUCTION STRICKLAND BROTHERS CONSTRUCTION, LLC 621 Creek Road Carlisle, PA 17013 JEFFREY M. STRICKLAND 621 Creek Road Carlisle, PA 17013 MATTHEW G. STRICKLAND KATHY M. STRICKLAND 467 Crossroad School Road Carlisle, PA 17013 Respectfully submitted, July 30, 2004 IRWIN & McKNIGHT By: i?ille'r, I Dougl Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 To: Strickland Brothers Construction Strickland Brothers Construction, LLC 621 Creek Road, Carlisle, PA 17013 Jeffrey M. Strickland 621 Creek Road, Carlisle, PA 17013 Matthew G. Strickland Kathy M. Strickland 467 Crossroad School Road, PA 17013 You are hereby notified that Timothy A. Snyder and Nancy J. Snyder, Plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. PROTHONOTARY By: DEPUTY Date: , 2004 2 w -IT ? -r o a r ti CASE NO: 2004-03754 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER TIMOTHY A ET AL VS STRICKLAND BROTHERS CONSTRUCTI CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS STRICKLAND BROTHERS DEFENDANT , at at CONSTRUCTION SIT CARLISLE, PA 17013 MATTHEW STRICKLAND, a true and attested was served upon CONSTRUCTION the 1502:00 HOURS, on the 23rd day of August 2004 PRICKLY PEAR DRIVE by handing to PARTNER, ADULT IN CHARGE copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 Sworn and Subscribed to before me this /ate day of A.D. rot?onotary ' So Answe/rs : R. Thomas Kline 11 08/24/2004 MARCUS MCKNIGHT By Deputy She iff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER TIMOTHY A ET AL VS STRICKLAND BROTHERS CONSTRUCTI CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS STRICKLAND BROTHERS DEFENDANT , at at CONSTRUCTION SIT CARLISLE, PA 17013 MATTHEW STRICKLAND, a true and attested was served upon CONSTRUCTION LLC the 1502:00 HOURS, on the 23rd day of August 2004 PRICKLY PEAR DRIVE by handing to PARTNER, ADULT IN CHARGE copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 1 Surcharge 10.00 R. Thomas Kline .00 16.00 08/24/2004 MARCUS MCKNIGHT Sworn and Subscribed to before By: me this fA4-- day of ?Depu S eriff °nn?vt7 A . D. /? A othonotar/YLy' SHERIFF'S RETURN - REGULAR CASE NO: 2004-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER TIMOTHY A ET AL VS STRICKLAND BROTHERS CONSTRUCTS CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STRICKLAND JEFFREY M the DEFENDANT , at 1502:00 HOURS, on the 23rd day of Auqust 2004 at CONSTRUCTION SITE PRICKLY PEAR DRIVE CARLISLE, PA 17013 by handing to MATTHEW STRICKLAND, BROTHER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this )- _ day of o2004/ A.D. 45t:rcthonotary So Answers: 0 R. Thomas Kline 08/24/2004 MARCUS MCKNIGHT By. ~Deputy(,Sh"eriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER TIMOTHY A ET AL VS STRICKLAND BROTHERS CONSTRUCTI VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STRICKLAND MATTHEW G the DEFENDANT , at 1936:00 HOURS, on the 6th day of August 2004 at 467 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 by handing to MATTHEW G. STRICKLAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 19.70 Sworn and Subscribed to before me this IA* day of C/ip . ?t 07 UU `/ A. DDQ. othonotary So Answers: R. Thomas Kline 08/24/2004 MARCUS MCKNIGHT By: z eputy Sher' f SHERIFF'S RETURN - REGULAR CASE NO: 2004-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER TIMOTHY A ET AL VS STRICKLAND BROTHERS CONSTRUCTI VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon STRICKLAND KATHY M the DEFENDANT , at 1502:00 HOURS, on the 23rd day of August 2004 at 467 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 by handing to MATTHEW STRICKLAND, HUSBAND a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this / day of rv?c c-,2OV f , A.D. (4r'oth y So Answers: R. Thomas Kline 08/24/2004 MARCUS MCKNIGHT By: ? Deputy SAe ff TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION - EQUITY CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. PLAINTIFFS' MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight and files the following Motion: 1. On or about July 30, 2004, Plaintiff filed a Writ of Summons, initiating this action. 2. On or about August 25, 2004, Plaintiffs served upon Defendants Interrogatories and Request for Production of Documents in advance of filing a Complaint in this matter. The interrogatories are attached hereto and incorporated herein by reference as Exhibit "A". The Request for Production of Documents is attached hereto and incorporated herein by reference as Exhibit "B". 3. Pursuant to a telephone conversation on September 14, 2004, legal counsel for Plaintiffs provided documentation regarding the dispute to Attorney Robert Saidis, the purported legal counsel for Defendants. 4. On September 29, 2004, counsel for Plaintiff wrote to Defendants' counsel requesting responses to the outstanding discovery requests. 5. To date, Defendants have not filed answers or objections to either the Request for Production of Documents or the Interrogatories. 6. The information sought in these discovery requests is essential to the Plaintiffs in order to effectively move this matter forward. WHEREFORE, Plaintiffs Timothy J. Snyder and Nancy A. Snyder respectfully requests this Honorable Court to enter an Order directing that Defendants respond to the Request for Production of Documents and Interrogatories or face additional sanctions under the Pennsylvania Rules of Civil Procedure. Respectfully submitted, IRWIN & MCKNIGHT Dated: October 4, 2004 I Dougl s G. iv Eller, Esquire Supr a Court ID Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs EXHIBIT "A" TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY INTERROGATORIES PROPOSED BY PLAINTIFFS FOR ANSWER BY DEFENDANTS - FIRST SET TO: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005 and 4006, as amended, you are required to serve upon the undersigned your Answers and Ob ections, if any, in writing, under oath, to the following said Interrogatories, within thirty 130) days after service of said Interrogatories. The Answers shall be inserted in the space provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. The Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa. R.C.P. 4007.4 as amended. If, between the time of filing your Answers to these Interrogatories and the time of trial in this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made, or knows that an Answer, though correct when made is no longer true, then you shall promptly supplement your Answers under oath to include such information thereafter acquired, and promptly furnish such Supplemental Answer on the undersigned. Respectfully submitted, IRWIN & McKNIGHT Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: August 25, 2004 DEFINITIONS AND INSTRUCTIONS The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means, when used in reference to 1. A natural person, his or her: (a) full name; and present or last known residence and employment address (including street name and number, city or town, and state or county). 2. A document: (a) its description (e.g. letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity. 3. An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; 4. A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including; relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. The following instructions are applicable to these standard interrogatories: 1. Duty to answer. The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES 1. If you are covered by any type of insurance, including any excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name and address of the insurance carrier which issued the policy; b. The named insured under each policy and the policy number of each policy; C. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; e. Whether to the best of your knowledge the suit will be defended by such insurance company and if so, whether under a "non-waiver" agreement or a "reservation of rights"; and e. Each exclusion, if any, in the policy which may be applicable to any claim thereunder and any reasons, if any, why you or the carrier claim the exclusion is applicable. ANSWER: 2. Identify the names, titles, business addresses (both past and present), and telephone numbers of the directors, officers, shareholders, members, partners, and/or managers of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, including the percentage interests and value of each, and the average gross and net annual compensation of each. ANSWER: 3. Identify any other names that Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC uses or has used to identify itself, whether such names are registered to do business and the location cohere registered. ANSWER: 4. Identify any other partnership, association, corporation, or agency in which the remaining individual Defendants are currently or have in the past five (5) years been a director, officer, shareholder, partner, or manager, whether jointly or individually. ANSWER: Identify the history of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, and each entity identified in responses to Interrogatories #3 and #4, including but not limited to: a. Date and place of organization or incorporation; Any changes in ownership or membership; The percentage changes in ownership or membership and the consideration paid, if any. ANSWER: 6. Identify the location or locations where the business records of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, and each entity identified in responses to Interrogatories #3 and #4 are kept or maintained. ANSWER: Respectfully submitted, IRWIN & McKNIGHT Douglas Mil er, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: August 25, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 Date: August 25, 2004 IRWIN & McKNIGHT Douglas .Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs EXHIBIT "B" TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS TO: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pa.R.Ci.v.P. 4009, Plaintiffs request that Defendants produce the documents hereinafter described or permit Plaintiffs, through their attorneys, to inspect them and copy such of them as they may desire at the offices of Plaintiffs' attorneys located at 60 West Pomfret Street, Carlisle, Pennsylvania, within thirty (30) days of the date of service hereof. This request is intended to cover all documents in the possession, custody and control of Defendants, their agents, officers, employees, insurance carriers and attorneys, and is considered to be continuing. Defendants' response to the Request should be modified or supplemented as Defendants, and/or their attorneys, obtain further or additional documents up to the time of trial. DEFINITIONS The word "document" or "documents" as used in the preceding Request, includes, without limitation or exception, the original and copies of the following items, (whether printed or recorded or produced by any other mechanical process, or written or produced by hand): agreements, communications, correspondence, telegrams, memoranda, summaries or records of personal conversations or interviews, diaries, reports, graphs, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions, or reports of consultants, drafts, letters, any marginal comments appearing on any document, and writings of every kind. This definition shall also be deemed to include any machine produced document, whether from a computer or not, notes or records of any oral communication and recordings (tape, disk or other) of oral communications. The word "communication" as used in the preceding Request shall mean any transmission of information by oral, written, pictorial or otherwise perceptible means, including, but not limited to, telephone conversations, letters, telegrams, and personal conversations. The word "person" as used in the preceding Motion shall mean any individual, corporation, partnership, unincorporated associated or business entity. REQUESTS 1. Copies of all reports, correspondence, memorandums, or other writings and documents made by Defendants, or their accountant(s), agents, employees and other professional advisers which in any way involve the transfer of the real estate to Plaintiffs located at 629 Creek Road, Carlisle, Pennsylvania and known as Lot 4 in Plan Book 25, Page 93. (Those portions of any 2 items requested herein which are not discoverable under the provisions of Rule 4003.3 should be redacted.) 2. Copies of all reports, correspondence, memorandums, or other writings and documents in the possession of Defendants, or their agents, officers, and employees, involving the grading of Lot 4 or the issue of fill involving Lot 4. 3. Copies of any and all organizational and governance documents, including amendments thereto, of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC. 4. Copies of any and all balance sheets, financial statements, or similar documents prepared on behalf of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, whether prepared by any of the Defendants themselves or their agents, officers, employees, or professional advisors. 5. Copies of any and all reports, memorandums, or other writings and documents in the possession of Defendants, or their accountant(s), agents, officers, and employees, involving insurance or liability coverage for the acts or omissions of Defendants, their agents, officers and employees, specifically including any and all insurance declaration pages. Respectfully submitted, IRWIN & MCKNIGHT Dougl s. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Date: August 25, 2004 Attorney for Plaintiffs 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Strickland Brothers Construction Strickland Brothers Construction,lLLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 Date: August 25, 2004 IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: ROBERT C. SAIDIS, ESQUIRE SAIDIS, SHUFF, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 Date: October 4, 2004 IRWIN & McKNIGHT Dougl G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 ry r.e c 7) r 70 r' <J ro )rn c r J O -< Timothy A. Snyder and Nancy J. Snyder, Husband and Wife, Plaintiffs V. Strickland Brothers Construction, A Pennsylvania General Partnership. Strickland Brothers Construction, L.L.C., Jeffrey M. Strickland and Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, Defendants In the Court of Common Pleas of Cumberland County, Pennsylvania Docket No. 2004 - 3754 Civil Term Civil Action - Equity To the Prothonotary: AND NOW, please enter my appearance on behalf of the Defendants, STRICKLAND BROTHERS CONSTRUCTION, STRICKLAND BROTHERS CONSTRUCTION, L.L.C., JEFFREY M. STRICKLAND, MATTHEW G. STRICKLAND AND KATHY M. STRICKLAND, in the above- captioned matter. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Date: j© ©?- By. q- . rrian C. Caffrey, Esquire Supreme Ct. ID #42667 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Fax: (717) 243.65 10 Timothy A. Snyder and Nancy J. Snyder, Husband and Wife, Plaintiffs In the Court of Common Pleas of Cumberland County, Pennsylvania vi. Docket No. 2004 - 3754 Civil Term Strickland Brothers Construction, A Pennsylvania General Partnership. Strickland Brothers Construction, L.L.C., Jeffrey M. Strickland and Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, Defendants Civil Action - Equity On this 8a' day of October, 2.04 I, Adele H ( *rnnp, hereby certify that I served a true and correct copy of the foregoing PRAECIPE To ENTER APPEARANCE via United States Mail, first-class, postage prepaid addressed as follows: Douglas G. Miller, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Counsel for Plaintiffs SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay Adele H. Group 2 r: < G? G. x' i (? '3= ^7 ?--? .? [ ? C CO Cii: . _. - ??, T. .""? 1 c?.1 -t ? - . Timothy A. Snyder and Nancy J. Snyder, Husband and Wife, Plaintiffs V. Strickland Brothers Construction, A Pennsylvania General Partnership. Strickland Brothers Construction, L.L.C., Jeffrey M. Strickland and Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, Defendants To the Prothonotary: a Rule upon the Plaintiffs 1:0 file a Complaint within twenty (20) PLEASE enter SAIDIS SHUFF, ROWE] & LINDSAY ATRIRNEYS-APLAW 26 W. High Street Carlisle, PA days of service thereof or suffer the Entry of Judgment of non pros. n 10 -' ' o By: Date: In. the Court of Common eps ,,Sylvania 01F Cumberland County, Y Docket No. 2004 - 3754 Civil Term Civil Action - Equity Supreme Ct. ID #42667 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Pax: (717) 243.6510 2004, upon Praecipe of AND NOW, this - S day of --' Defendants Strickland Brothers Construction, et a'L, a Rule is hereby entered upon the plaintiffs to file a Complaint within twenty (20) days after service of this Rule or suffer the Entry of judgment of non pros. Prothonoto n - N (? s- r t iJ }ice, C TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS : No. 2004 - 3754 CIVIL TERM : CIVIL ACTION - EQUITY CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. PLAINTIFFS' MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight and files the following Motion: On or about July 30, 2004, Plaintiff filed a Writ of Summons, initiating this action. 2. On or about August 25, 2004, Plaintiffs served upon Defendants Interrogatories and Request for Production of Documents in advance of filing; a Complaint in this matter. The Interrogatories are attached hereto and incorporated herein by reference as Exhibit "A". The Request for Production of Documents is attached hereto and incorporated herein by reference as Exhibit "B". Pursuant to a telephone conversation on September 14, 2004, legal counsel for Plaintiffs provided documentation regarding the dispute to Attorney Robert Saidis, the purported legal counsel for Defendants. 4. On September 29, 2004, counsel for Plaintiff wrote to Defendants' counsel requesting responses to the outstanding discovery requests. To date, Defendants have not filed answers or objections to either the Request for Production of Documents or the Interrogatories. 6. The information sought in these discovery requests is essential to the Plaintiffs in order to effectively move this matter forward. WHEREFORE, Plaintiffs Timothy J. Snyder and Nancy A. Snyder respectfully requests this Honorable Court to enter an Order directing that Defendants respond to the Request for Production of Documents and Interrogatories or face additional sanctions under the Pennsylvania Rules of Civil Procedure. Respectfiilly submitted, IRWIN & MCKNIGHT Dated: October 4, 2004 Dougl s G. iller, Esquire Supr a Court ID Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, 13A 17013 (717) 249-2353 Attorney for Plaintiffs EXHIBIT "A" TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY INTERROGATORIES PROPOSED BY PLAINTIFFS FOR ANSWER BY DEFENDANTS - FIRST SET TO: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 PURSUANT TO THE PROVISIONS of Pa. R.C.P. 4005 and 4006, as amended, you are required to serve upon the undersigned your Answers and Objections, if any, in writing, under oath, to the following said Interrogatories, within thirty (30) days after service of said Interrogatories. The Answers shall be inserted in the space provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. The Interrogatories shall be deemed to be continuing; in nature, in accordance with the provisions of Pa. R.C.P. 4007.4 as amended. If, between the time of filing your Answers to these Interrogatories and the time of trial in this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made, or knows that an Answer, though correct when made is no longer true, then you shall promptly supplement your Answers under oath to include such information thereafter acquired, and promptly furnish such Supplemental Answer on the undersigned. Respectfully submitted, IRWIN & McKNIGHT 7?1 ?- Douglas . Miller, squire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: August 25, 2004 DEFINITIONS AND INSTRUCTIONS The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means, when used in reference to 1. A natural person, his or her: (a) full name; and present or last known residence and employment address (including street name and number, city or town, and state or county). 2. A document: (a) its description (e.g. letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity; (d) its addressee's identity; (e) its present location; and (f) its custodian's identity. 3. An oral communication: (a) its date; (b) the place where it occurred; (c) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made; 4. A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number. 5. Any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. The following instructions are applicable to these standard interrogatories: 1. Duty to answer. The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. Claim of privilege. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. 3. Option to produce documents. In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES If you are covered by any type of insurance, including anv excess or umbrella insurance, that might be applicable to the incident in this matter, state the following with respect to each such policy: a. The name and address of the insurance carrier which issued the policy; b. The named insured under each policy and the policy number of each policy; C. The type(s) and effective date(s) of each policy; d. The amount of coverage provided for injury to each person, for each occurrence, and in the aggregate for each policy; e. Whether to the best of your knowledge the suit will be defended by such insurance company and if so, whether under a "non-waiver" agreement or a "reservation of rights"; and e. Each exclusion, if any, in the policy which may be applicable to any claim thereunder and any reasons, if any.. why you or the carrier claim the exclusion is applicable. ANSWER: 2. Identify the names, titles, business addresses (both past and present), and telephone numbers of the directors, officers, shareholders, members, partners, and/or managers of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, including the percentage interests and value of each, and the average gross and net annual compensation of each. ANSWER: 3. Identify any other names that Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC uses or has used to identify itself, whether such names are registered to do business and the location where registered. ANSWER: 4. Identify any other partnership, association, corporation, or agency in which the remaining individual Defendants are currently or have in the past five (5) years been a director, officer, shareholder, partner, or. manager, whether jointly or individually. ANSWER: 5. Identify the history of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, and each entity identified in responses to Interrogatories #3 and #4, including but not limited to: a. Date and place of organization or incorporation; b. Any changes in ownership or membership; The percentage changes in ownership or membership and the consideration paid, if any. ANSWER: 6. Identify the location or locations where the business records of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, and each entity identified in responses to Interrogatories #3 and #4 are kept or maintained. ANSWER: Respectfully submitted, IRWIN & McKNIGHT Douglas . Mil er, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: August 25, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle. PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 Date: August 25, 2004 IRWIN & McKNIGHT / Douglas . Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs EXHIBIT "B" TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. No. 2004 -• 3754 CIVIL TERM CIVIL ACirION - EQUITY PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS TO: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 PLEASE TAKE NOTICE that pursuant to Pa.R.Civ.P. 4009, Plaintiffs request that Defendants produce the documents hereinafter described) or permit Plaintiffs, through their attorneys, to inspect them and copy such of them as they may desire at the offices of Plaintiffs' attorneys located at 60 West Pomfret Street, Carlisle, Pennsylvania, within thirty (30) days of the date of service hereof. This request is intended to cover all documents in the possession, custody and control of Defendants, their agents, officers, employees, insurance carriers and attorneys, and is considered to be continuing. Defendants' response to the Request should be modified or supplemented as Defendants, and/or their attorneys, obtain further or additional documents up to the time of trial. DEFINITIONS The word "document" or "documents" as used in the preceding Request, includes, without limitation or exception, the original and copies of the following items, (whether printed or recorded or produced by any other mechanical process, or written or produced by hand): agreements, communications, correspondence, telegrams, memoranda, summaries or records of personal conversations or interviews, diaries, reports, graphs, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations or negotiations, opinions, or reports of consultants, drafts, letters, any marginal comments appearing on any document, and writings of every kind. This definition shall also be deemed to include any machine produced document, whether from a computer or not, notes or records of any oral communication and recordings (tape, disk or other) of oral communications. The word "communication" as used in the preceding Request shall mean any transmission of information by oral, written, pictorial or otherwise perceptible means, including, but not limited to, telephone conversations, letters, telegrams, and personal conversations. The word "person" as used in the preceding Motion shall mean any individual, corporation, partnership, unincorporated associated or business entity. REQUESTS 1. Copies of all reports, correspondence, memorandums, or other writings and documents made by Defendants, or their accountant(s), agents, employees and other professional advisers which in any way involve the transfer of the real estate to Plaintiffs located at 629 Creek Road, Carlisle, Pennsylvania and known as Lot 4 in Plan Boob. 25, Page 93. (Those portions of any 2 items requested herein which are not discoverable under the provisions of Rule 4003.3 should be redacted.) 2. Copies of all reports, correspondence, memorandums, or other writings and documents in the possession of Defendants, or their agents, officers, and employees, involving the grading of Lot 4 or the issue of fill involving Lot 4. 3. Copies of any and all organizational and governance documents, including amendments thereto, of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC. 4. Copies of any and all balance sheets, financial statements, or similar documents prepared on behalf of Defendants Strickland Brothers Construction and Strickland Brothers Construction, LLC, whether prepared by any of the Defendants themselves or their agents, officers, employees, or professional advisors. 5. Copies of any and all reports, memorandums, or other writings and documents in the possession of Defendants, or their accountant(s), agents, officers, and employees, involving insurance or liability coverage for the acts or omissions of Defendants, their agents, officers and employees, specifically including any and all insurance declaration pages. Respectfully submitted, IRWIN & MCKNIGHT Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle„ Pennsylvania 17013 (717)'-)4-9-2353 Date: August 25, 2004 Attorney for Plaintiffs 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date sett forth below: Strickland Brothers Construction Strickland Brothers Construction, LLC Jeffrey M. Strickland 621 Creek Road Carlisle, PA 17013 Matthew G. and Kathy M. Strickland 467 Crossroad School Road Carlisle, PA 17013 Date: August 25, 2004 IRWIN & Mc:KNIGHT Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set tbrth below: ROBERT C. SAIDIS, ESQUIRE SAIDIS, SHUFF, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 Date: October 4, 2004 IRWIN & McKNIGHT IA. Dougl G. W er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret: Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 r} ?a T c-> 'C .?+ IIIT T, Ti N Y7 CZ) < TIMOTHY A. SNYDER and IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband CUMBERLAND COUNTY, PENNSYLVANIA and Wife, Plaintiffs V. : CIVIL ACTION - EQUITY STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND,: and MATTHEW G. STRICKLAND : and KATHY M. STRICKLAND, Husband and Wife, Defendants NO. 04-3754 CIVIL TERM ORDER OF COURT AND NOW, this 13`x' day of October, 2004, upon consideration of Plaintiffs' Motion To Compel Answers to Discovery, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 1 J. esley Oler, Jr., J. ;,Aouglas G. Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs L,Xc'obert C. Saidis, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendants J /-rv n,S, c- 16-13-0V :rc t.L ? ..,',.? 1 ? G:'?'. :.li '..... r? ?L. Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY ENTRY OF APPEARANCE TO: PROTHONOTARY: Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg Katzman, P.C. on behalf of the Defendants. GOLDBERG KATZMAN, P.C. By- Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Date: November 2, 2004 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first:-class postage prepaid, addressed to the following. Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. By: 'v?`? Thomas E. Brenner, Esquire Date: November 2, 2004 115451.1 CD 311 r ; C?) I' --T TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. No. 2004 - 3754 CIVIL TERM CIVIL ACTION NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. COMPLAINT AND NOW COMES the Plaintiffs, Timothy A. and Nancy J. Snyder by and through their attorneys, Irwin & McKnight, to make the following Complaint and in support thereof aver as follows: 1. The Plaintiffs, Timothy A. and Nancy J. Snyder, are adult individuals who principally reside at 629 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Strickland Brothers Construction is a Pennsylvania partnership and Defendant Strickland Brothers Construction, LLC, is a Pennsylvania limited liability corporation (hereinafter collectively referred to as "Strickland Brothers"), both located at 621 Creek Road, Carlisle, Cumberland County, Pennsylvania, and duly formed and operating under the laws of Pennsylvania. 3. The Defendant Jeffrey M. Strickland is an adult individual with a principal residence of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendants Matthew G. Strickland and Kathy M. Strickland are adult individuals who principally reside at 467 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 5. The property which is the subject of this litigation is located at 629 Creek Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania 17013 (hereinafter the "Property"). 6. Upon information and belief, at all times relevant herein Strickland Brothers was owned and operated by Defendants Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland. 7. At times relevant hereto, Strickland Brothers held itself out to be in the business of residential construction and sales. 8. On or about March 2, 2004, Plaintiffs signed an Agreement for the Sale of New Construction with Defendant Strickland Brothers Construction for the sale of the Property along with a single-family home to be constructed thereon. A true and correct copy of the signed Agreement is attached hereto and incorporated herein as Exhibit "A." 9. The home is a one story wood frame structure with full basement composed of poured concrete walls and slab on a partially graded site, and was constructed by Defendants on the property in 2004. 10. In accordance with Exhibit "A," the purchase price of the Property with improvements was to be One Hundred Eighty-five Thousand Nine Hundred and no/100 ($185,900.00) Dollars. 11. Plaintiffs were provided by Defendants with the written allowances and standards to be utilized in the construction of their home. A true and correct copy of the allowances and standards of Defendant Strickland Brothers Construction are attached hereto and incorporated herein as Exhibit "B." 3 12. As part of the construction, Defendants finished approximately 1200 square feet of the home's basement, including but limited to the installation of drywall, carpeting, a drop ceiling, and a gas fireplace. A true and correct copy of the finished basement proposal dated March 5, 2004, is attached hereto and incorporated herein as Exhibit "C." 13. As provided on Exhibit "C," the total time and material cost for finishing the Plaintiffs' basement was $9,500.00, which amount was paid to Defendants. 14. Defendants also constructed and installed four (4) solid pine bookshelves in the finished basement at an additional expense of $750.00. A true and correct copy of the invoice for the bookshelves dated March 19, 2004, is attached hereto and incorporated herein as Exhibit «D 15. Plaintiffs also purchased a carpet upgrade for their home, including upgraded carpet in their finished basement, for an additional payment to Defendants of $2,071.96. A true and correct copy of the invoice dated March 16, 2004, and the carbon copy of Plaintiffs' check to Defendant Jeffrey M. Strickland, as requested by him, in the amount of $2,071.96 are attached hereto and incorporated herein as Exhibit "E." 16. Defendants, by and through their agents or subcontractors, also installed a private well for the service of water to the home on the Property. 17. Prior to settlement on the purchase of the Property, Defendants made certain representations and provided certain assurances to Plaintiffs, including but not limited to the following: a. The yard at the rear of the Property was to be level from the house to the southern boundary of the property; b. The hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property; 4 C. The front yard of the Property was to be graded and "rolled down" to the existing road surface of Creek Road; and d. The basement of the Property was to remain dry, allowing Defendants to finish and complete the majority of the basement as living space. 18. On or about April 15, 2004, settlement on the sale of the Property was held whereby ownership was transferred to Plaintiffs. 19. At that time, removal of the excess fill, grading and seeding of the Property had not yet been completed. 20. The parties executed an Agreement providing that the fill removal, grading and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. A true and correct copy of said Agreement is attached hereto and incorporated herein as Exhibit «F 21. As part of the purchase of the Property, Plaintiffs borrowed the principal sum of One Hundred Thirty Thousand and no/100 ($130,000.00) Dollars from Gateway Funding Diversified Mortgage Services, L.P. COUNT I - BREACH OF CONTRACTS & WARRANTIES 22. The averments of fact alleged in items one (1) through twenty-one (21) of this Complaint are made a part hereof and incorporated herein by reeference. 23. Plaintiffs' home now has severe structural problems, drainage problems and water infiltration defects. 24. On or about April 20, 2004, Plaintiffs contacted Defendants to advise that muddy water was entering the sump pit through the pipe that had been represented as a drain, and that a diagonal crack had appeared in the foundation wall near the sump pit. 5 25. Defendant Jeffrey M. Strickland informed Plaintiffs during that telephone call that the crack was nothing to be concerned about, and that as long as the sump pump was removing the water there was no reason to worry. 26. At the end of April 2004 and beginning of May 2004, Plaintiffs contacted Defendants on several additional occasions to advise that the sump pump was running continuously. 27. Plaintiffs were advised by Defendants that the pump may have to be raised or adjusted and promised to fix the problem. 28. On or about May 14, 2004, water infiltrated into the Plaintiffs' basement saturating the padding and carpeting of their finished basement. 29. The following day Defendants, or their employees or agents, removed the destroyed carpeting and padding from Plaintiffs' home, and piled them in the back yard of the Property. 30. Defendant Jeffrey M. Strickland promised to correct the flooding problem and replace the destroyed carpeting. 31. On or about May 19, 2004, Defendants told ]Plaintiffs that they finally had an agreement to remove the ridge and excess fill in their backyard. 32. On or about June 1, 2004, several weeks after the first flooding problem, Defendants refused to replace the destroyed carpeting, stating that the Plaintiffs were the cause of the water infiltration. 33. Defendants did state at that time, however, that work on the removal of the ridge and the grading would being after Father's Day, June 20, 2004, 6 34. On or about June 12, 2004, Plaintiffs discovered that water had again infiltrated their home and that approximately seven (7) inches of water was covering the entire portion of their basement. 35. Water infiltrated the basement both through the sump pit and through cracks in the concrete basement walls. 36. Defendant Jeffrey M. Strickland refused to return to the Property, but the flooding and additional damage was observed by Defendant Matthew G. Strickland. 37. Plaintiffs have since had additional instances of flooding and water infiltration in their basement, as well as many instances of near flooding. 38. As a direct result of the flooding and water infiltration, much of Plaintiffs' personal property has been damaged or destroyed and there is visible and extensive mold growth present on the basement walls. 39. Plaintiffs are no longer able to utilize the basement for its intended purposes because of the presence of the mold, the absence of carpeting or padding, and the likelihood of continued flooding and water infiltration. 40. Plaintiffs have also experienced respiratory and other health problems which, upon information and belief, are being caused or amplified by the presence of the mold in their basement. 41. Defendants have performed in a poor, improper, and unworkmanlike manner certain work which were either expressly or by necessary implication required by the agreements of the parties to be performed in a proper and workmanlike manner, including but not limited to the following: a. Improper design, installation and construction of the interior and exterior drainage systems, including sump pit and pump; 7 b. Improper design, grading and construction of the fill on the Property; C. Improper design, installation and constriction of the concrete walls of the home, which now have visible cracking and movement; d. Improper design and installation of the water well on the Property, resulting in visible, constant leakage and drainage from well cap in the front yard; e. Absence of deadbolt locks on entry doors; f. Failure to complete and perform promised touch up painting and corrective work to the drywall because of cracking; g. Failure to discover, correct and timely repair the deficient workmanship; and h. Other related defects due to Defendants' failure to exercise due care and perform their work in a reasonable and workmanlike manner. 42. Plaintiffs have attempted on several occasions to remedy the construction defects by asking the Defendants to make the necessary repairs and perform the required work. 43. Defendants initially agreed to make certain repairs and replace certain damaged property, including carpeting and padding. 44. Defendants now deny any liability for the aforementioned defects and damage and claim that the structural and drainage problems are not defects but rather problems which are well within acceptable construction standards. 45. Defendants have failed and refused, and continue to refuse, to correct the above- referenced breaches, despite the repeated requests and demands by Plaintiffs. 46. Defendants warranted to provide a basement free from water leakage, and expressly and through implication warranted that their construction and work would provide Plaintiffs with a finished, usable basement. 47. Defendants breached their contracts and warranties by not performing their work in a proper and workmanlike manner, by not installing the proper systems necessary to ensure a dry basement, and by not correcting their defective workmanship as promised. 8 48. By performing the respective contracts in a deficient, defective, flawed and unworkmanlike manner as described herein, Defendants breached their express and implied warranties that work to be performed and materials to be provided would be of first-class quality, free from defects in material and workmanship, and in compliance with the contracts and Defendants' promises and assurances. 49. As a result of Defendants' breach and refusal to correct and replace the defective workmanship, Plaintiffs will be forced to hire another contractor to replace the defective work and systems installed by Defendants. 50. The estimated cost just to correct the Defendants' defective workmanship with regard to the basement and exterior drainage systems is between $18,000.00 and $22,000.00. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT II - RESCISSION 51. The averments of fact alleged in items one (1) through fifty (50) of this Complaint are made a part hereof and incorporated herein by reference. 52. The material defects are so extensive as to provide the Plaintiffs with the remedy of seeking complete rescission of the contract for the purchase of the Property. 53. In conjunction with the purchase of the Property and the home constructed thereon, the Plaintiffs have incurred the following costs: 9 Purchase price of the Property $185,900.00 Closing costs 5,102.30 Finished basement 9,500.00 Solid pine bookshelves in basement 750.00 Carpet upgrade 2,071.96 Custom window treatments installed 1,567.92 TOTAL $204,892.18 54. The Plaintiffs seek reimbursement of the above-referenced expenses in return for which Plaintiffs will reconvey said property to the Defendants. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of Two Hundred Four Thousand Eight Hundred Ninety-two and 18/100 ($204,892.18) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper COUNT III - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 55. The averments of fact alleged in items one (1) through fifty-four (54) of this Complaint are made a part hereof and incorporated herein by reference. 56. Plaintiffs relied upon the assurances by Defendants that their basement would be dry and free from water leakage and usable as living space, and that the damages resulting from the flooding would be corrected by Defendants. 57. Plaintiffs further relied upon representations by Defendants that the yard at the rear of the Property was to be level from the house to the southern boundary of the property. 10 58. Plaintiffs further relied upon representations by Defendants that the hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property. 59. Plaintiffs further relied upon representations by Defendants that the front yard of the Property was to be graded and "rolled down" to the existing; road surface of Creek Road. 60. Plaintiffs further relied upon the Agreement executed by the parties and attached as Exhibit "F"' providing that the fill removal, final grading, and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. 61. The fill removal and grading was to include the leveling of the rear yard to the property line and rolling down the front yard to the existing road surface of Creek Road. 62. Plaintiffs relied upon the promises, assertions, and representations of Defendants as an inducement to purchase the Property and the home constricted by the Defendants. 63. The misrepresentations by Defendants are in direct violation of §§ 201-2(4)(vii), 201-2(4)(xiv), 201-2(4)(xvi), and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 64. Under § 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, "[t]he court may, in its discretion, award up to three times the actual damages sustained [...]." 65. Furthermore, the court "may provide such additional relief as it deems just and proper." § 201-9.2(a). 66. Also under § 201-9.2(a), "[t]he court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." 11 WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. Respectfully submitted, Dated: December -4, 2004 IRWIN & McKNIGHT By: Dougl G. Miller, Esquire Supreme Court I.D. # 83776 60 West Pomfret Street Carlisle, P.A 17013 (717) 249-2353 Attorney for Plaintiffs Timothy A. Snyder and Nancy J. Snyder 12 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. TIMOM A. SNiDLOV NAN Y J,. SN Date: 2 EXHIBIT "A" STANDARD AGREEMENT FOR THE SALE OF NEW CONSTRUCTION A/S-NC This Iona recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). PA PH FAX DESIGNATED AGENT FOR SELLER (if applicable) PA LICENSED PH FAX DESIGNATED AGENT FOR BUYER (if applicable) 1. rf fs Agreeme dal d V , is between 1 2 SELLER/BUILDER: 2 3 called "Seller," and 3 4 BUYER(S): YO 4 5 called "Buyer." 5 6 2. PROPERTY (11-00) 6 7 Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: 7 e ALL THAT CERTAIN lot or piece of ground with buildings and improvements to be erected thereon, if any, known as: 8 9 Name of Subdivision Phase 9 10 Lot # _ 10 11 Stre dd 1t 12 , in the _ of, 12 13 County of ' (Vl in the Common alth of Pennsylvania, 'Lip Code 13 14 Identification (e.g., Tax ID#; Parcel t; Lot and Block; Plan Book Volmne, Page; 'Book, Page, Recording Date) 14 15 _ 15 16 3. PURCHASE PRICE (11-00) h, alG 17 (A) Total Purchase Price PA C YA 17 18 , Dollars 16 19 which will be paid to Seller by Buyer as follows: 19 20 (B) Base Price $ 20 21 (C) Lot Premium, if any $ 21 22 (D) Total Options/Extras/Alterations (see attached addendum) $ 22 23 TOTAL PURCHASE PRICE $ //? ? 7` 5M) 23 24 4. PAYMENT TERMS (11-00) 24 25 (A) Cash or check at signing this Agreement: $ ;;? /Cr:eD 25 25 (B) Cash or check within days of the executr..f`41hjsAgreement:/_L_: $ 26 27 (C) Non-refundable pre-paid options/extras/alterations paid to Seller on or before _ $ 21 28 (D) $ 28 29 - $ 29 30 $ 30 31 (E) Cash, cashier's or certified check at time of settlement: $ CU 31 32 TOTAL PURCHASE PRICE $ 32 33 (F) Deposits paid on account of purchase price to be held b List' g Broker, unless otherwise stated here: 33 34 - 34 35 (G) Seller's written approval to be on or before: 35 36 (H) Conveyance from Seller will be by fee simple dee of sp ial warranty unless otherwise stated here: 36 37 37 38 (I) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 38 39 39 40 (1) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; 40 41 rents; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together with any other lienable munici- 41 42 pal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up tc and including the date of settlement; Buyer will 42 43 pay for all days following settlement, unless otherwise stated here: _ 43 44 44 45 5. SCHEDULE OF CONSTRUCTION (11-00) 45 46 (A) Commencement Date: Seller estimates that Seller will commence construction on or about ! "/ I Seller 46 47 reserves the right to delay commencement of construction until Buyer has received and signed a valid o11, c,Qmmit lent in accordance 47 48 with Paragraph 8. s-- JI(??1 71y_ 48 49 (B) Completion Date: Seller estimates completion of construction on or about u er 49 hereby acknowledges that the above estimated time of completion on the part of Seller is ode as n acommodation to Buyer to assist Buyer 50 in formulating future plans. However, if commencement, completion, and/or settlement are dela d due to inclement weather, strikes, delays 51 in issuance of permits, unavailabilty of labor or materials, or any other reason beyond Seller's gtnil,such times and settler ent hereun er 52 will be automatically extended accordingly, and time is not deemed to be of the essence. 53 (C) Settlement: Settlement hereunder will be held on a dale which is within 10 days (unless othespi ddt er 64 t after Seller supplies Buyer with a written notice of settlement. However, at the time of settlement, the house and pre ses will It ve been 55 55 substantially completed. If the municipality or governmental authority, requires a Use & Occupancy permit, Seller will provide one at 56 57 settlement. 58 6• S?CIAL PROVISIO (IF ANx) ? n ,, / 57 58 59 c e S ,? / 60 U 61 3 44 9 / / 64 85 66 1,u t NC age I of elQter nitials: 66 IV 0n 311 GRT PENNSYLVANIA ASSOCIATION OF REALTORS® 2000 rental ?? REALTORS / 6/01 I.F: .IC H? M WMtl[.y/. Mieayt r" QU A-, ' /i' I9 ' .67- 7..SPECLSL CLAUSES (;1-00) ce as adopted by the State Real Estate Commission at 49 Pa. Code §35336. d Seller have received the Consumer Noti R 07 68 66 69 .: oyer an (A) n. ' .: ., • • ; (B) [toyer and Setter have received a statement of their respective estimated closing costs before signing this Agreement, 69 :-. 70 . (C) 'p Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this ?9 71!' 72 ? 'Agreement. (D) Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. Note: The Seller's 71 72 73 Property Disclosure Act does not require a disclosure form when: - 7- 74 A one-year written warranty covering the construction will be provided; i T4 75 . Tate building will be inspected for compliance -wilW the applicable building code* or, if none' a'nationally'iecognized'model building 2 75' . _ 76 76 ' 7 code; AND d fox Ure dwelling. A certificate of occupancy or a certificate of code compliance will be issue 3' n 7 78 . (E) The followingorepart of thiSAgreeinentifchecked _, ,_, ._,,-,-. .•. ,.,.... _ .. ,,. ... .., d d /0 79 um (PAR Form 133) den Sale & Sett lhmenf of Other Property ;' ? ' Settlement of Other Property Contingency r , ' 6U ? Contingency Addendum (PAIL Form 130 go 81 Sale end. of Other prop erty Contingency [1 - ? &.Se[U em -- - ., - _ . 82 11 with Right to Continue Marketing Addendum, ,. ? 82 83 (PAR Form 131) 83 84 84 (F) The following. exhibits are made part of this Agreement if checked:: 85 p Plot Plan of Lot . ? Options/Extras/Alterations 85 86 ? House Plan/Floor Plan/Elevation ? New Construction Warranty ,1s p as 87 ?"' ?Af' f/? M I y ?Z! ?? i 87 q ons 1 ? Floor Plan Reversed X Restrictive Coveoants/De.d Rest(ict ' ' 88 ' 77YS 7 [] Other ? it 88 89 Building S ecifications 89 90 `(aj Standard Features } ,• N ?'?•t..arl-, ti C' ? - 9U 91 92 8. MORTGAGE CONTIINGENCY(1-00) 92 93 ? WAIVED. This sale is NOT contingent on mortgage timmcing. . 93 94 \f ELECTED. 04 90 95 - / (A) This sale is contingent upon Buyer taint mortgage financing as fo ws:: n $/< = f4 "/+ 7 - 1 96 96 a 1. Amount of mortgage .. i . ? ' 97 97 98 2. Minimum Term years rz 3. Type of mortgage 98 99 4. Interest rate-':, t?s • %; however; anye? es to accept the interest rate as may he committed by the mortgage fender, not to 99 168 exceed a maximum interest rate of %. 100 101 5. Discount points, loan origination, loan placement and other fees charg.the lender as a percentage of the mortgage loan (excluding 101 102 any mortgage insurance premiums or VA funding fee) not to exceed 90 of the mortgage loan.. 102 103 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender maces available to Buyer the right to guarantee an 103 404 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer 104 105 gives Seller the right, at Seller's sole option and as permitted by the lending institution and applicable laws, to contribute financially, without 105 106 promise of reimbursement, to the Buyer and/or lender to make the above terms available to Buyer. , . ' ' . - 106 107 (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application to a responsible mortgage lend- 90'7 tog ing institution. The Selling Broker, if any, otherwise the Listing Broker, is authorized to communicate with the lender for the purposes 199 109 of assisting in the mortgage loan process. 109 110 (C) 1. Upon receipt of a mortgage commitmem, Buyer and/or Scllyng Broker will promptly deliver a copy of the Comntment to Listing Broker, 119 711 if any, otherwise to Seller. 112 112 2. Mortgage commitment date -may ..,.If a written commitment is not received, by 113 Listing Broker, if any, otherwise by Seller, by the above date, Buyer and Seller agree to extend the commitment date until Seller ter- 113 114 minates this Agreement in writing. - 114 115 1 Seller has the option to terminate this Agreement in writing, on or after the mortgage commitment-date„if the mortgage commitment; 115. 116 a. Is not valid until the date of settlement, OR 116 117 b. Is conditioned upon the sale and settlement of any other property, OR 117 718 c. Contains any other condition not specified in this Agreement. lie 119 4. In the event Seller does not terminate this Agreement as provided above, Buyer has die option to terminate this Agreement in writing if 119 120 the mortgage comntitmenC 120 121 a. Is not obtained by or valid until the date of settlement, OR 121 122 b. Is conditioned upon the sale and settlement of any other property which`do not occur by the date of settlement, OR 122 123 c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the elate of settlement. 123 124 5. If this Agreement is terminated as specified in paragraphs 8 (C) (2), (3) or (4), all deposit monies paid on account of purchase price will 124 125 be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation 125 126 of same, if any; AND/OR any premiums for flood insuguice and/or fire insurance with extended coverage, insurance binder charges or 126 727 cancellation fee, if any; AND/OR any appraisal fees andcharges paid in advanego mortgage lender. 127 128 (D) Seller will not be responsible to Buyer or Buyer's mortgage lender to escrow any funds for any reason. In the event Buyer's mortgage lender 12a 129 requires an escrow of funds as a condition to complete settlement, then Buyer agrees to provide such escrow funds and complete settlement 129 130 hereunder as specified in this Agreement. This paragraph will survive settlement. 130 131 (E) Seller Assist 131 132 Cl NOT APPLICABLE 132 133 ?? APPLICABLE. Seller will pay: 133 134 ? $ maximum, toward Buyer's costs as permitted by the mortgage leader. 134 135 ? 135 136 137 FHA/VA, IF APPLICABLE 136 137 130 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the 178 139 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in actor- 139 140 dance with HUD/FHA or VA requirements, a wpt[Cptemeni bv the Federal Housing Commissioner, Veterans Administration, or a Direct e 140 t41 e op Endorsement Lender setting forth the appr aisstx#f p rty'of not less than $ _ the dollar amount to be 141 142 inserted is the sales price as stated in the Agreement). Buyer will have the privilege and opticn of proceeding with consummation of the con- 142 143 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the 143 144. Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should 144 145 satisfy himself/herself that the price and condition of the Property are acceptable. ' 145 146 0 y ?/ 145 147 Buyer initials: A7S-NC Page 2 of 6 Seller Initials: 147 148 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administratiun 148 149 Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of auch Department, makes, passes, utters, or pub- 149 150 lishes any statement, knowing the same to he false ... shall be fined under this title or imprisoned not more than two years, or both." 150 151 (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASEWS: 151 152 Buyer's Ack towledgement 152 153 ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 153 154 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this 154 155 Agreement. 155 156 Buyer's Initials Date 155 157 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are 157 158 true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac- 158 159 tion is attached to this Agreement. 159 160 9. INSPECTIONS (11-00) 168 161 (A) Seller hereby agrees to permit inspections by Buyer accompanied by a Seller's representative, and by others as may be required by the lending 161 162 institutions, governmental authorities, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in 162 163 the terms of this Agreement. 163 164 (B) Pre-settlement Inspection 164 165 1. Buyer reserves the right to make a pre-settlement walk-through inspection of the Property when the Property is substantially complete. 165 166 Seller will notify Buyer prior to settlement of the date and time of Buyer's pre-settlement walk-through inspection of the Property. 166 167 2. At the pre-settlement inspection, Buyer and Seller will complete and sign a list of items (punch list) to be completed, modified, or replaced 167 168 within thirty (30) days after settlement. Items that cannot be completed, modified, or replaced within 30 days of settlement due to events 188 169 beyond Seller's reasonable control will be completed by Seller as soon as is reasonably possible, not to exceed one year or _ days 169 170 after settlement. This paragraph will survive settlement. 170 171 3. Buyer's failure to inspect the Properly on the date of the scheduled pre-settlement inspection or Buyer's failure to complete and sign the 171 172 pre-settlement inspection form constitutes a waiver of Buyer's right to inspect the Property, and Buyer will accept the Property at settle- In 173 ment in its then present condition without obligation of modification or replacement. 173 174 4. Buyer's right to make this inspection is not waived by any other provision of this Agreement. 174 175 5. Seller will have heating and all utilities (including fuel(s)) on for the pre-settlement walk-through inspection.' 175 176 10. WOOD INFESTATION CONTINGENCY (11-00) 176 177 Seller will provide evidence that there are no wood-boring insects on the Property, if required by lender. If a wood infestation inspection is 177 178 required, Buyer agrees to reimburse Seller for the cost of the inspection. If active infestation(s) exists, Seller agrees, at Seller's expense and 178 179 before settlement, to treat for active infestation(s), in accordance with applicable laws. 179 180 11. RADON CONTINGENCY (11-00) 160 181 ? Seller will not install preparatory work for a radon mitigation system. (See Radon Notice) t f/ 181 182 Seller will install preparatory work fora radon mitigation system. (See Radon Notice) ,82 183 183 184 184 185 12. STATUS OF WAXER (11-00) 185 186 Seller represents that at time of settlement this property will be served by: 185 187 ? Public Water - Name of Service Provider 187 On-site Well Water whi nice applicab . goverdritentul standar 188 189 ? ommunity W i 189 J 190 13. S A US OF SEWER (11-00) 1J2 Se r represents that property is se ecl by: 19 Public Sewer - Name of Service Provider 193 (((? Individual On-lot Sewage Disposal System (See Sewage Notice 1) 194 ? Community Sewage Disposal System _ ?r1 I 195 PQ.?6 ? Holding Tank (See Sewage Notice 3) ?flY ?i Y W o Y rvl 't 196, X18 14. NOTICES, ASSESSMENTS & GOVERNMENT REQUIREMENTS (11-00) 198 199 (A) Seller represents as of Seller's execution of this Agreement, Una[ no public improvemen , condomini or homeowner associ Lion assessments 199 200 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 200 201 or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 201 202 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 202 203 otherwise specified here: 203 204 204 205 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 205 206 2QB 207 (C) Seller will be responsible for any notice of improvements or assessments received on or before, the date of settlement. 207 208 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 208 209 (E) All necessary permits will be obtained and paid for by Seller prior to settlement. 209 210 (F) Seller will comply with all restrictions and requirements imposed by any governmental authorities. 210 211 15. TITLE, SURVEYS, & COSTS (11-00) 211 212 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing 212 213 deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon 213 214 the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 214 215 will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. 215 215 (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, 218 217 as specified in paragraph 15(A), Buyer will have the option of taking such title as Seller can give without changing the price or of being repaid 217 218 all monies paid by Buyer to Seller on account of purchase price and Seller will reimburse Buyer for any costs incurred by Buyer for those items 218 219 specified in paragraph 15(C) and in paragraph 15(D) items (1), (2), (3); and in the latter event there will be no further liability or obligation on 219 220 either of the parties hereto and this Agreement will become VOID. 220 221 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracl ing attomey, for the preparation of an adequate 221 222 legal description of the Property (or the correction thereof), will be secured and paid for by Seller. 222 223 (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; 223 224 (2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any; 224 225 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's custorary settlement costs and accruals; (5) Initiation 225 226 fee or capital funding fee, if any: $ _ 226 227 ???? 227 228 Buyer Initials: TA: ' A0Q A/S-NC Page 3 of 6 Seller Initials: 228 229 (E) Buyer has reviewed the final subdivision plan and is familiar with the grading platls,'showhrg the location and contour of the lot being pur- 229 230 Chased, storm drainage plans including piping and easements, alluvial_ sells, conservation easements; wcilands,, pr-100, year, flood plain, colidi-..230 231 234 tious on, ot,surrounding Buyers lot., 232- 16. ZONING CLASSIFICATION (11-00) 232. Failure of this Agreement to contain die zoning elassificatiop (except, ip, cast=s where the property (and each parcel thereof, if subdividable) is,zoned, 233. 233. . 234 solely orprimarily to permit single-family dwelling&) Will render this Agreement voidable at the,gptinn of the Sayer, and, if voided, any depgsits ten- 734 . dered.by the Buyer will be returgeti to.(he Buyer without any requirement for court Action., 2.36' 235 Zoning CIaSSlI1Ca110I1: I . _ 2361 . " 236 , 17,•. LANDSCAPING & DRIVEWAY 01700), Z`d7 t . (A), Seller will attempt to preserve as many of the existing trees or shrubs as reasonably possibie.euring the constructign of the imprgvements and, - 237 238 230 ' house on the premises. It is expressly agreed that Seller does not guarantee or warrant the survival of any trees or shrubs existing on the premises , 239, prior to construction. Any existing trees or shrubs that may. die after settlement are the sgle.responsibility of Bpyer. Seller will be responsible 09 24D _ to grade and;sead the disturbed areas only, Any spit washouts from rain or.meltillg snow or burnouts due to dSoughtsAfter settlement are the - 2,40 • . 241 " sole responsibility of Buyer. As,to the duality or quantity of the grawth.of grass, ft will be Buyer's responsibility , to water, fertilize and reseed 241-, 242 242 as necessary after settlement. 243 (B) Buyer acknowledges that, due to adverse weather conditions and other events beyond Seller's reasonable control, items including the driveway 24- 244 surface, grading and seeding, exterior painting q; staining, and. efterior concrete surfaces may not be completed at time, of settlement. Unless 244 245 otherwise agreed, no portion of the purchase price or option payments will be placed in an escrow account or withheld from Seller at settlement 245 46 to compensate for incomplete items. °Seller will coidplefe'the items within a reasonable tiriie iiftei settlement aS weather eoriditions Period- 2 :246 (C) `'This paragiapli will survive settlement. 7 47,, 247 , 1$: SUBSTITUTIONS (11-00)' . , . . , ., -. .. • ..; . ,.. _ 246 BUYER' AND SELLER ACKNOWLEDGE- THAT THE'BUIL0fK9S AND IMPROVEMENTS ON THE PREMISS WILL BE 5Ut1- 146 241' STANTIALLYSIMILARTOTHEESTABLISHEDBUILDING SPECIFICATIONS:BUYER, ALSO ACKNOWLEDGES Tit ATSELLER" 249- 2"P ' HAS THE RIGHT TO MAKE SUBsTrrUTIONS' OF MATERIALS OR PRODUCTS Of' SUBSTANTIALLY•EQUAL OR BETTER" 250 tai QUALITY AT'SELLER'S SOLE DISCRETION, AND THAT ACTUAL MATE'RIALS'AND PRODUCTS'MAY VARY FROMSAMPLE 251 262 MATERIALS AND PRODUCTS: 252 253 19. COAL NOTICE 253 254 THIS DOCUMENT MAY NOT SELL, CONVEY,'TRANSFER, INCCUI)E10Tf'INSURE THE TITLETb THIS COAIi AND RIGHTS OF SUP- 254 255 PORT UNDERNEATH THE SURFACE LAND DESCRIBED OR'REFERRFD Td HEREIN; AND THE''OWNER OR OWNERS OF SUCH 255 256 COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL: SUCH 'COAL, AND W' THAT CONNECTION,, DAMA'GB'MAY '256 2§7 RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice 257 is set forth in the manner provided in Section 1 of the Act of July 17, 1957, PL. 984.) "Buyer acknowledges, that he may not be obtaining the right 2,8 258 of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to 259 nine subsidence by a private contract with the owners of the cconotnid interests in the coal. This aci:itbwled'gdiiteht is made for the puipose. df com- 26G 1.60. plying with the provisions of Section 14 of the Bituminous Mine'Subsidence and the Land Conservation Act of April 27, 1966." Bttyer.agrees to 261 sign the deed from Seller which deed will contain the aforesaid provision.- 261 202 20• POSSESSION (11-00) 282 263 Possession is to be delivered by deed, keys and p-itysical possession to a clean building. The lot and building(s) will be free of debrisat day and time 263 264 of settlement. 264 265 21. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deets or in any other office or place of public record 265 266 and if Buyer causes or pennits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 266 U7 22- ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 267 268 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 268 269 Agreement without the written consent of Seller. 269 23. DEPOSIT & RECOVEkY FUND (1-00) 270 270 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment 271 and the person designated as payee, will be paid to individual identified in paragraph 4(F), who will retain [Item in an escrow account until con- 271 272 summation or termination of this Agreement in conformity with all applicable laws and regulations. Any encashed check tendered as deposit 272 213 may be held pending the acceptance of this offer. 273 274 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 274 275 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 275 276 return of deposit monies, a broker will distribute die monies as directed by a final order of court or the written Agreement of the parties, Buyer 296 277 and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' fees and 271 278 costs of the broker(s) and licensee(s) will be paid by the party joining them, 278 279 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 278 280 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable.to collect thejudgment after exhaust- 280 ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (900) 822-2113 (within Pennsylvania) and 281 201 (717) 783-4854 (outside Pennsylvania). 282 2,4. •CONDOMINIUMIPLANNED COMMUNITY (HOMEOWNER ASSOCIATION) PUBLIC OFFERING STATEMENT (1-00) 202 263 [)l NOT APPLICABLE 283 284 f7 APPLICABLE: CONDOMINIUM 284 285 (A) Buyer acknowledges that the Property is a unit of a condommium'as defined by the Uniform Condominium Act. Seller is a declarant of the con- 265 286 dominium and is required to provide Buyer with a public offering statement. (See Condomitnium/Uniforni Planned Community Notice for def- 286 287 initions of declarant, public offering statement, and condominium.) 287 288 (B) The delivery of the public offering statement must.be made' no later than the date the Buyer executes this Agreement. Buyer may cancel this 288 269 Agreement within fifteen (15) days afer receiving the publict4f)'ering statement and y cithiwfifteen (15) days of receipt of any amendment to the 289 298 Statement that materially and adversely affects Buyer. 290 291 Q APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 291 292 (A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. Seller is a declar- ant of the planned community and is required to provide Buyer with a public offering statement. (See Condominium/Uniform Planned 292 293 Community Notice for definitions of declarant, public offering statement, and planned community.) 293 284 (B) The declarant must provide Buyer with a copy of the public offering statement and its amendments no later than the date Buyer executes this 294 295 Agreement. Buyer may cancel this Agreement within seven (7) days after receiving the public offering statement and within seven (7) days after 295 296 receiving any amendment to the contract that would materially and adversely affect Buyer. 295 297 25. MAINTENANCE & RISK OF LOSS (11-00) 297 208 Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any property 298 299 included in the sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and promptly receiv- 299 300 ing all monies paid on account of purchase price or of extending settlement until such time as Seller can deliver the property in completed condition. 300 301 Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of the tirae of execution of this Agreement. 301 302 26. RELEASE (11-00) Buyer and Seller hereby release, quitclaim and forever discharge ALL BROKERS, their LICENSEES, EMPLOYEES, 302 903 and any OFFICER or PARTNER of anyone of them and any other PERSON, FIRM, or CORPORATION who maybe liable by or through 303 them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the con- 9? sequences thereof. This release will survive settlement. 304 305 27• REPRESENTATIONS (11-00) 305 106 (A) Buyer understands that any representations, claims, advertising,.promotional activities, brochures, plans, building specifications, or warranties 306 107 made by Seller, Brokers, thew licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated $07 108 in this Agreemer t. 7 318 109 Buyer initiate: ` A!S-NC Page 4 of 6 Setter Initials: q ^ , 309 ees, officers or partners have not made a'eller Furthermore, Brokem their IiCe sa s, ..31! es that B,okers heir Ijcensees; employ built b (n) Buyer ackn°wlerg t of the structures to be„ o ovemment approval for the:con- 312 to pemtits or such. other evidence...( g 316 311 cations, or such documeI ats as .have bearing °e ires?taf+ p fi'tec ct' eted uses, the lulaucial condi[on of Seller, of the con- 313 employees, officeKS., and Patine[s make P "Mental conditions, the perm' Seller„of theenvrr°nents, appliances, systems, or con 3'' sit to be bailtb)' made an inspection of the comp 31'3 struction of 4w, structures to rt is situated; nor have they obli ations- 316 314 ditions existing in the locale where he p Pe Y Agreement between Seller and Buyer and there are no other terms, Agreement 3i1 sumer products to be installed in or about the property. 31a this sale. Furthermore, his gt8 cuncem ie or otherwise of any }roil whatsoever ;y t9 316 (C} It is further understood that this Agreement contains the whole Agr conditions, iral except in writing exec Y the parties. c wd the par a raphs. 326 covenants, representafions, statements or uted b d, or tfodified en make it easier . to g 317 310 will not be altered, amended, charge in this , and •321 a lions, and tjne numrbers Agreement rare, ,meantpnly to . , s, equipment, .. (D) The headings, c" P Buyer the manufacturer':; warranties nn all appliance . ties, 322 IES (11-00) hereby assigns to Buy er. Seller makes no warren ered to 320 28. WARRANT and 323 ' in or the RoPerry. Copies of these warranties w dbucdeland all such warranties, representations, t of Manufacturer's Warranties: Seller merit and consumer p under the man` 324 321 (A) Assignmen taller other consumer products to be ins ect to the appliances, equip 322 with resp such items will be to-make such claims as are appropriate , g25 323 representations, of guarantees, The sole remedy of Buyer as to any 328 MAKES NO OTHE11 REPRE 324 guarantees are hereby disclaimed. Th D TO, THOSE 37. 7 ITE ofacturer's'warranues. tY that may he provided herewith, SELLER MA 325 EXPRESS OR IMPLIED, INCLUDING BUT NOT Lffd (B) Limited Warranty'. Except as set forth in any limiter warren UALI`i Y OR O'?RW ISE AS TO THE BY 326 3 326 WARRANTIES OI' ANY NATURE, CONDITION, Q. " 29 SENT OR IIpBITAB11 ITY DESIGN, IWREON, AND SELLER HERE ATIONS 336 327 CON"1'RUC•1'ION' NTS CONSTRUCT F4) 'I s and accepts such dis- 320 OF 3y-ORKMANLiKE CE AND OTIIEII B?IPROVFN [E5. Buyer hereby, acknowledg _ 331 32"s PROPERTY AND THE RE?ID? SUCH REPRESENTATIONS OR WARRANT a r es Pro s 33'2 EgPRESSL'I DISCLAIM, virtue of such representations and warranuasazExcept on he Property g s gyp and all rights Buyer may have by curving in or appe which is . 333 oc and all damage from the date of settlement, 331 claimer and agrees to waive any an vjded by Seger, Guyer. assumes the risk of any arttalS deration of the amount of the Purchase iPrice of represe the ntations or Property warranties. 334 .332 er's tion, of this risk is p y in Cow of said expressed orimp 335 P such.risks by vim 33a. of the cause thereof. BuY assum nsihla for any - .: of any of the ob rformance inte 336 334' .', 1°werthanit?wotrdbeif Seflerwas t°; -0held U) respo . to f 29. ' TIME OF THE ESSENCE-DEFAULT ( reCntent, number of days will be counted 398 refelfcc 335 t, the said tune for settlement and all other times Sees bf tc . ,,g or the ? etiod. Should Buyer: to be of the essence of this Agreement. For the Prpo 335 Except as otherwise stated in this Ag regimen 336 337 U, bf this Agr?em are hereby agr the day this Agreement was executed and including the last clay of the time p ` from the date of execution, by excluding >h 4; OR; iiBu er s legal or 348 330 additional payments specified it} paragraph a e lender, if any, conc g Y 339 (A) Fail to make any Selling Broker, of the, mortg'.ia. would result in loan application, which acts tha he failure to Obtain the 342_ 346 (B) Furnish false or incomplete infunnadon to Seier, Lis" ng Broker,. 343 ng of the mortgage financial status, or fail to cooperate in the Process' 341 a loan comrnitment; C)R aid for options, extras, 344 Agreement; 3,t2 aPProva] of a mortgag perform any other terms Qz conditions of, this sit monies and monies p 343 •• (C} Violate or fail to fulfill and per tiou of retaining all sums paid-by Buyer,. inel idj to Setrepo or 3) as liquidated damages for such 345 led to Seller's damages, 348 344 then in such case, seller has the op or 2) as monies to be, app li ui - 341 1) on account of purchase price, and/or alterations, as " 9 . 345 andlor alterations, stt monies and monies paid Par options, ex tras 346 346 breach, as Seller may elect, unless otherwise'chedte n?idiifg'depd •. ,ated dam 349 347 ? Seller is lindted to retaining sums paid by Buy md aid for options, extiaa, and/or alterations, as u9 3 9 nies and monies P. 351 348 dated damages. deposit Buyer- ncluding and this Agreement wilt be '"D' 339 if Sell, r electsto retain all sums pairby 352 $50 ages, Buyer and Seller will be released from further liability or obligation a different relationship is checked below. 351 30. BROKERS (100) Buyer are as.follows, L1NLF,SS .. 353 354 352 The Business Relationships between the Broker(s) and Seller and Buy . UNLESS there's 355 353 (A) The Listing Broker is Agent for Seiler. ant for.BuYer• nsees, UNLESS the Licensee is 356 for, to S all tiller lice and Buyer, 357 354 . (B) Tha.Selling Broker is' g Broker are the r tine, the Broker is a Dual Agent. Dual AgeucY applies If the same Licensee is designated, 355 C) When the Listing Broker and Selling ant s for Buyer. 358 a Designated Agent(s) for Seller and a Designated Ag ( ) 356 359 $51 a Dual Agent. 359 'love; as follows:'... _ 361 358 A Business Relati0nshfp exists ? nt/S b genti 360 for Seller' ? The Selling Broke is the Ag 362 360 ? The Selling Broker is a Transaction Licensee. m with the terms of"this Agreement. 383 361 CI the Listing Broker is a Transac uon Licensee. resented parties in comply g , rfotm services to assist,uiuep 364 382 (b) Brokers)may Pe,.. 363 31. MEDIATION (7_96) 366 13 NOT AVAILABLE choose to mediate at a later date, should a dispute arise, but that there will be no obli- 36 361 364 365 \[1` WANED. Buyer and Seller understand that they may " art of any Party to do so. e 386 ? gallon on the p Q L'1,EM-D reement throU.gh mediation, in accordance with th a es 367 to resolve 9ny'd'ispute or'elaim that Inay arise from this Ag 365 (A)" Buyer and Seller wifltry pis ld'Resolutiori SYstem'. Any agreement reached through a mediation conference an 369 and Procedures of the liome Selles/Home• Buyers ; Pu 379 signed by the Parties will be binding, d % . and understand the tiles and Procedures °f the Nome Sellersff tome Buyers all (j3} Buyer and Seller acknowledge that they have receive, read;" , Resolution System. (See Mediation Notice.) will 372 Dispute ate disputes arising from this Agreement surv ive settlement. 373 (C) This agreement to rued' Pit. 374 375 376 377 318 386 381 382 303 )84 185 486 107 Ise 189 A7s-NC Page 5 of 6 ,,a Buyer Initials: 368 369 376 371 312 a73 374 375 376 377 378 379 386 381 382 39.3 364 385 386 387 388 389 398 fit, ? Seller Initials: 391 Buyers and Seller acknowledge that they have read and understand the notices and explanatory information set forth in this Agreement. 391 392 392 393 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 393 394 394 395 NOTICE. TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by'facsiutile transmission (PAX) of this 395 396 Agreement, and all #ddenda, bearMg the signatures of a artits, constitutes acceptance of this Agreement. Parties to this transaction are advised 396 397 to consult all a(lpaey ]?(fo s lpg iGt?peyesire I• al advice. . 397 398 399 J BUYER f. DATE 2/W_ WITNESS/.• 398 399 400 Buyer Name (print) SS # 400 401 Mailing Address 1 1 401 402 402 403 Phone #s (H) (W T- tl 403 4 4 444 __ FAX # a 0 405 400 ?' DATE /J WITNESS BUYS R. - 405 99 6 , i J -1 497 Buyer Name (print) i ' ! t SS # 7 4 407 408 Mailing Address ` f 408 409 - -- 409 __? 410 Phone #s (H) (W) - - 410 411 FAX # _ E-Mail 411 412 412 413 WI'T'NESS BUYER DATE 413 414 Buyer Name (print) _ SS # 414 415 mailing Address 415 _ 416 416 417 Phone #s (II) (W) 417 416 FAX E-Mail-_ _ 413 419 Ni ` 1 ( ) ? I ? 419 420 Seller herebv approves the above contract this (date) f 1 n 420 421 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Listing Broker a fee of _ 421 422 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided f? O 422 423 Seller, f^;U , Listing Broker, but in no event will the sum paid I the Listing Broker be in excess of the above specified Broker's fee. / 423 424 / _ l " 424 425 WITNESS SF.LLER< l 1 -J , f<. DATE e 425 426 Seller Tune (print) SS # 426 427 Mailing Address I - 427 428 423 429 Phone #s (H) (W) 429 430 FAX # E-Mail 430 431 431 432 WITNESS SELLER DATE 432 433 Seller Name (print) SS ;f 433 434 Mailing Address 434 485 435 436 Phone #s (H) -- (W) 436 437 FAX # E-Mail_ 437 438 430 439 WITNESS SELLER DATE 439 440 Seller Name (print) SS 11 440 441 Mailing Address 441 442 - - 442 443 Phone #s (11) _ (W) 443 444 FAX #___ _ E-Mail _ _ 444 145 445 146 Brokers'/Licensees' Certifications (check all that are applicable): 446 147 ? Regarding FIIA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 447 148 the terms of this contract for purchase are true to the best of dteir knowledge and belief, and that any other agreement entered into by any of. 448 149 these parties in connection with this transaction is attached to this Agreement.. 449 150 450 151 ? Regarding Mediation: The undersigned ' ? Listuig Broker ?', Selling Brpker agrees to submit to mediation in accordance with 451 152 / ,. paragraph 30 of this Agreement 452 t53 453 154 LISTING BROKER 454 55 ACCEPT 455 t56 456 157 SELLING BROK 457 158 ACCEPTED TE 458 59 459 60 460 61 461 62 462 63 463 64 464 65 465 66 466 67 467 68 468 69 Buyer Initials: A/S-NC Page 6 of 6 Seller Initials: 469 BROKER'S COPY' EXHIBIT "B" STRICKLAND BROTHERS CONSTRUCTION ALLOWANCES AND STANDARDS FOR NEW HOME CONSTRUCTION-CUSTOM AND/OR SPEC HOME LIGHTING/ELECTRIC: ALL BEDROOMS WILL HAVE CEILING FANS---TEN RECESSED LIGHTS (CANS) ARE STANDARD---TWO DIMMER SWITCHES ARE STANDARD-- ALL MASTER BEDROOMS AND FAMILY ROOMS WILL HAVE TWO PHONE/CABLE JACKS ---- A,LL BEDROOMS AND HALLS WILL HAVE ELECTRIC SMOKE DETECTOR--- $1000.00 ALLOWANCE FOR LIGHT FIXTURES IF YOU CHOOSE YOUR OWN FLOOR COVERINGS: OUR SALESMAN WILL COME TO VISIT YOU WITH ALL SAMPLES AT YOUR CONVENIENCE--- -$6000.00 ALLOWANCE IF YOU CHOOSE YOUR OWN INTERIOR/EXTERIOR PAINTING AND VARNISHING: $4500.00... THIS WILL INCLUDE A POST MOVE IN TOUCH UP---CUSTOM COLORS TO BE NEGOTIATED DECKS/PATIOS: AS NEEDED AT ALL ENTRIES AND RESPECTED AREAS FOR GATHERINGS ........ FLEXIBLE KITCHEN: YORKTOWNE KITCHEN CABINETS AND FORMICA COUNTERTOPS WITH PROFESSIONAL INSTALLATION ARE STANDARD... CERAMIC SMOOTHTOP ELECTRIC RANGES ARE STANDARD... SIDE BY SIDE COLORED REFRIGERATORS WITH ICE MAKER ARE STANDARD... MICROWAVE ABOVE THE RANGE IS STANDARD... COORDINATING 3-CYCLE DISHWASHER IS STANDARD...1 /3 HORSEPOWER GARBAGE DISPOSAL IS STANDARD ...2 BOWL STAINLESS STEEL SINK IS STANDARD PLUMBING: MOEN AND/OR DELTA FAUCETS ARE STANDARD ...KOHLER TOILETS (AND KOHLER JACUZZI TUBS IF AGREED UPON BY BUILDERS) ARE STANDARD ...50 GALLON HOT WATER HEATER--BASEMENT WILL BE PLUMBED TO ACCEPT WATER SOFTENER WITH SIMPLE INSTALLATION ...STRICKLAND BROTHERS WILL INSTALL WATER SOFTENER FREE OF CHARGE IF: PURCHASED BY POTENTIAL BUYER PRIOR TO SETTLEMENT... BATHROOM FIXTURES (TOILET PAPER HOLDERS AND TOWEL HOLDERS) ARE STANDARD HVAC: FRIDGIDAIRE HEAT PUMP WITH CENTRAL AIR CONDITIONING IS STANDARD GARAGE DOOR OPENER(S) ARE STANDARD ALL GARAGES ARE INSULATED, DRYWALLED, FINISHED, AND PAINTED WINDOWS: MW ALL VINYL DOUBLE HUNG TILT-IN WINDOWS WITH LOW-E GLASS AND GRILLES BETWEEN THE GLASS (IF DESIRED) ARE STAN DARD...THESE OFFER A LIFETME WARRANTY ...WE WILL PRICE SHOP IF ANOTHER WINDOW MANUFACTURER IS DESIRED DOORS: MILLIKEN MILLWORK, INC. STEEL ENTRY DOORS (PREPAINTED) ARE STANDARD... THESE COME PREPAINTED AND CAN BE ORDERED PREPAINTED ON THE INSIDE AND OUTSIDE WITH DIFFERENT COLORS ALL ENTRY DOORS WILL BE EQUIPPED WITH A DEADBOLT ALL HOMES WILL INCLUDE A VANGUARD VENT-FREE FIREPLACE WITH HEARTH AND MANTLE SURROUND... WALL SWITCH TO POWER ON FIREPLACE IS STANDARD 9 FOOT X 8 INCH POURED CONCRETE WALLS ARE STANDARD 2x4 CONSTRUCTION IS STANDARD WE USE ALL ENGINEERED LUMBER (TGI TRUSS JOIST SILENT FLOOR SYSTEM) BATTED (R VALUE AS REQUIRED) INSULATION IN EXTERIOR WALLS AND BLOWN IN INSULATION IN ATTIC AREAS ARE STANDARD WE WILL PROVIDE PULL-DOWN ATTIC STAIRS AT EVERY AVAILABLE OPTION THANK YOU FOR CONSIDERING STRICICLAND BROTHERS CONSTRUCTION TO BUILD YOUR NEW HOME. Matthew G. Strickland, partner M. Jeffrey Strickland, partner EXHIBIT "C" rridav, ldarch 05, 2!x) 2 • Summary for time and material cost related to finishing approximately 1200 square feet of basement space located at 629 Creek Road Carlisle,PA 17013 Work to be completed for Timothy and Nancy Snyder by SBC Finished area to include: Drywall on insulated studded 10 walls,drop ceiling,gas vent free fireplace with hearth, One interior door,electrical wiring,cable and phone jacks,c arpeted flooring, painted walls, and additional Imiting and A/C diffusers and returns. a Total time and material cost: $9,500.00 • $2500.00 deposit due before any work is to be started. • $7000.00 balance to be paid on or before March 15'x` 2001 • Monies are non-refundable • Any changes should be noted to both parties and signed by both parties. MGS s-M 5 ?,? - - ?? CRAWS by 5??OJZLP 3 >< 5 ???I?s STRICKt AND Bit4TKER s CONSTR.KIG GNr?;<N!`y bullfatioidabi• horriis" '5i? .?`'?; _ : Mott ? ?;{?E?,9bf±G#ctotid eat p k 04 catilo.,pA MIS ItNen? xaxitiaa : offs MOW 10# 226-4751 E-mail: SBConslr(fts.com r Matt's moblls# 226-4779 EXHIBIT "D" 31i 91v¢ INVOICE For: Tim and Nancy Snyder 629 Creek Road Carlisle, PA 17013 Time and materials to construct and install (4) four solid pine 3' x 5' bookshelves in basement and trim out with casement trim. Each bookshelf has four adjustable shelves. Staining and varnishing to be finished by homeowner. $750.00 Please make check payable to Jeff Strickland. Thank you. EXHIBIT "E" 02/18%2004 12:27 FAX 717 245 2255 RE/MAX STERLING ASSOC. z001 ___ . VLaG J!? trti CARLISLE P:,uE 02/02 March 16, 2004 STRICKLAND BROTHERS CONSTRUCTION CARPET UPGRADE FOR TIMOTHY AND NANCY SNYDER AT 629 CREEK ROAD, CARLISLE, PA 17013 BUILDER ALLOWANCE: 95.33 yards of Shaw "Beast Bet 1" in living room, hall, master bedroom, closet, and steps to basement @ $17.50/yd = $1,668.28. UPGRADE TO: 95,33 yards of Shaw "Chromatic Dried Leaf" in living room, hall, master bedroom, closet, and steps to basement @ $28.00/yd $2,669,24. DIFFERENCE OF $1,000.96. BUILDER ALLOWANCE: 102 yards of Shaw "Best Set 1" in basement @ $17.50/yd = $1,785.00. UPGRADE TO: 102 yards of Shaw °Chromatic Paradise Blue" in basement @ $28.00/yd = $2,856.00 DIFFERENCE OF $1,071.00. BALANCE OF $2,071,96 DUE AT CLOSING MADE PAYABLE TO STRICKLAND BROTHERS CONSTRUCTION. s UlEMY ENTEW"SES INC 2DOt ACCOUNT CATEGORY: ? PRIMARY CHECKING Q SECONDARY CHECKING ? MONEY MARKET CHECKING ? LINE OF CREDIT ? OTHER TAX DEDUCTIBLE ITEM - BAL. FORD ITEM AMOUNT Memo For added security, personal information no longer appears on this copy. BALANCE. DEPOSIT ' FORD usual MUM, 1J NON NEGOTIABLE 0) 20% post-consumer material EXHIBIT "F" AGREEMENT This Agreement is made this 16`'' day of April, 2004, by and between TIMOTHY A. SNYDER and NANCY J. SNYDER, hereinafter known as the BUYERS, and STRICKLAND BROTHERS CONSTRUCTION, hereinafter known as the SELLER. The Parties herein, intending to be legally bound, hereby declare, promise and agree as follows: (1) SELLER has conveyed to BUYERS the property situate at 629 Creels Road, Carlisle, North Middleton Township Cumberland County, Pennsylvania. (2) The following items are to be done in a reasonable; and good workmanlike manner by SELLER, to wit: On or before July 31, 2004, SELLER shall have the ridge of fill that remains on the above-referenced property removed. It is understood and agreed by BUYER that SELLER has arranged with a third ?S party to have said fill removed for which SELLER would receive proceeds from the sale of said fill J1r1.1?_ and weather conditions have delayed said fill's removal. If said fill is not removed by July 31, 2004, X - SELLER agrees to remove said fill at SELLER'S expense within fifteen (15) days. AFA, 411 SCLGAVt S e e .L -? ?C S {??c (3) This agreement shall be binding upon the parties hereto, their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year above written. WITNESS: Strickland Brothers Constriction Timothy A. Snyder y J. Sn F User FolderTitm Docs\RealEslate?Nlisceilmteoust3045-13 agrnv t wpd CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRIAN C. CAFFREY, ESQUIRE SAIDIS, SHUFF, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: December 28, 2004 IRWIN & McKNIGHT Dougl G. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 c7 cz' - ca -Ti r? 4 co Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY PRELIMINARY OBJECTIONS AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C., who state: Demurrer 1. The Plaintiffs' Complaint alleges violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL'?. I The Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted as the Plaintiffs fail to allege any deceptive or misleading practices by Defendants, as required by the UTPCPL. 3. The Plaintiffs' Complaint names Kathy M. Strickland as a defendant. 4. Kathy M. Strickland is neither a partner of Strickland Brothers Construction, nor is she a member of Strickland Brothers Construction, LLC. Therefore, Kathy M. Strickland should be dismissed from the lawsuit. 5. The Plaintiffs' Complaint request recission of the contract. 6. Recission is not an available remedy for Plaintiffs. WHEREFORE, Defendants request that the Plaintiffs' Complaint be dismissed with prejudice. GOLDBERG KATZMAN, P.C. Y: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants Date: January 19, 2005 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Brian Caffrey, Esquire 26 West High Street Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. By: - Thomas E. Brenner, Esquire Date: January 19, 2005 ?.. l ` . , C . . ?, ,.. L: - 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 Argument Court. CAPTION OF CASE (entire caption must be stated in full) TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife VS. (Plaintiff) STRICKLAND BROTHERS CONSTRUCTION;STRICKLAND BROTHERS CONSTRUCTION, LLC; JEFFREY M-STRICKLAND; MATTHEW STRICKLAND and KATHY STRICKLAND, Husband and Wife (Defendant) 3'75 No. Civil 2004 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Plaintiffs' Complaint 2. Identity counsel who will argue case: (a) for plaintiff: Douglas Miller, Esquire Address: 60 West Pomfret Street Carlisle, PA 17013 (b) for defendant: Thomas E. Brenner, Esquire Address: PO Box 1268 Harrisburg, PA 17108-1268 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 23, 2005 Cates _ 1/24/05 M1- orney ForGDefendants rrY f;:. &°? rn r_ N ?E_l TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. No. 2004 - 3754 CIVIL TERM CIVIL ACTION NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. AMENDED COMPLAINT AND NOW COMES the Plaintiffs, Timothy A. and :Nancy J. Snyder by and through their attorneys, Irwin & McKnight, to make the following Complaint and in support thereof aver as follows: 1. The Plaintiffs, Timothy A. and Nancy J. Snyder, are adult individuals who principally reside at 629 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Strickland Brothers Construction is a Pennsylvania partnership and Defendant Strickland Brothers Construction, LLC, is a Pennsylvania limited liability corporation (hereinafter collectively referred to as "Strickland Brothers"), both located at 621 Creek Road, Carlisle, Cumberland County, Pennsylvania, and duly formed and operating under the laws of Pennsylvania. 3. The Defendant Jeffrey M. Strickland is an adult individual with a principal residence of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendants Matthew G. Strickland and Kathy M. Strickland are adult individuals who principally reside at 467 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 5. The property which is the subject of this litigation is located at 629 Creek Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania 17013 (hereinafter the "Property"). 6. Upon information and belief, all times relevant herein Strickland Brothers was owned and operated by Defendants Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland. 7. At times relevant hereto, Strickland Brothers held itself out to be in the business of residential construction and sales. 8. On or about March 2, 2004, Plaintiffs signed an Agreement for the Sale of New Construction with Defendant Strickland Brothers Construction for the sale of the Property along with a single-family home to be constructed thereon. A true and correct copy of the signed Agreement is attached hereto and incorporated herein as Exhibit "A." 9. The home is a one story wood frame structure with full basement composed of poured concrete walls and slab on a partially graded site, and was constructed by Defendants on the property in 2004. 10. In accordance with Exhibit "A," the purchase price of the Property with improvements was to be One Hundred Eighty-five Thousand Nine Hundred and no/100 ($185,900.00) Dollars. 11. Plaintiffs were provided by Defendants with the written allowances and standards to be utilized in the construction of their home. A true and correct copy of the allowances and standards of Defendant Strickland Brothers Construction are :attached hereto and incorporated herein as Exhibit "B." 3 12. As part of the construction, Defendants finished approximately 1200 square feet of the home's basement, including but not limited to the installation of drywall, carpeting, a drop ceiling, and a gas fireplace. A true and correct copy of the finished basement proposal dated March 5, 2004, is attached hereto and incorporated herein as Exhibit "C." 13. As provided on Exhibit "C," the total time and material cost for finishing the Plaintiffs' basement was $9,500.00, which amount was paid to Defendants. 14. Defendants also constructed and installed four (4) solid pine bookshelves in the finished basement at an additional expense of $750.00. A truce and correct copy of the invoice for the bookshelves dated March 19, 2004, is attached hereto and incorporated herein as Exhibit "D," 15. Plaintiffs also purchased a carpet upgrade for their home, including upgraded carpet in their finished basement, for an additional payment to Defendants of $2,071.96. A true and correct copy of the invoice dated March 16, 2004, and the carbon copy of Plaintiffs' check to Defendant Jeffrey M, Strickland, as requested by him, in the amount of $2,071.96 are attached hereto and incorporated herein as Exhibit "E." 16. Defendants, by and through their agents or subcontractors, also installed a private well for the service of water to the home on the Property. 17. Prior to settlement on the purchase of the Property, Defendants made certain representations and provided certain assurances to Plaintiffs, including but not limited to the following: a. The yard at the rear of the Property was to be level from the house to the southern boundary of the property; b. The hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property; 4 C. The front yard of the Property was to be graded and "rolled down" to the existing road surface of Creek Road; and d. The basement of the Property was to remain dry, allowing Defendants to finish and complete the majority of the basement as living space. 18. On or about April 15, 2004, settlement on the sale of the Property was held whereby ownership was transferred to Plaintiffs. 19. At that time, removal of the excess fill, grading and seeding of the Property had not yet been completed. 20. The parties executed an Agreement providing that the fill removal, grading and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. A true and correct copy of said Agreement is attached hereto and incorporated herein as Exhibit "F." 21. As part of the purchase of the Property, Plaintiffs borrowed the principal sum of One Hundred Thirty Thousand and no/100 ($130,000.00) Dollars from Gateway Funding Diversified Mortgage Services, L.P. COUNT I - BREACH OF CONTRACTS & WARRANTIES 22. The averments of fact alleged in items one (1) through twenty-one (21) of this Complaint are made a part hereof and incorporated herein by reference. 23. Plaintiffs' home now has severe structural problems, drainage problems and water infiltration defects. 24. On or about April 20, 2004, Plaintiffs contacted Defendants to advise that muddy water was entering the sump pit through the pipe that had been represented as a drain, and that a diagonal crack had appeared in the foundation wall near the sump pit. 5 25. Defendant Jeffrey M. Strickland informed Plaintiffs during that telephone call that the crack was nothing to be concerned about, and that as long as the sump pump was removing the water there was no reason to worry. 26. At the end of April 2004 and beginning of May 2004, Plaintiffs contacted Defendants on several additional occasions to advise that the sump pump was running continuously. 27. Plaintiffs were advised by Defendants that the pump may have to be raised or adjusted and promised to fix the problem. 28. On or about May 14, 2004, water infiltrated into the Plaintiffs' basement saturating the padding and carpeting of their finished basement. 29. The following day Defendants, or their employees or agents, removed the destroyed carpeting and padding from Plaintiffs' home, and piled them in the back yard of the Property. 30. Defendant Jeffrey M. Strickland promised to correct the flooding problem and replace the destroyed carpeting. 31. On or about May 19, 2004, Defendants told Plaintiffs that they finally had an agreement to remove the ridge and excess fill in their backyard. 32. On or about June 1, 2004, several weeks after the first flooding problem, Defendants refused to replace the destroyed carpeting, stating that the Plaintiffs were the cause of the water infiltration. 33. Defendants did state at that time, however, that work on the removal of the ridge and the grading would being after Father's Day, June 20, 2004. 6 34. On or about June 12, 2004, Plaintiffs discovered that water had again infiltrated their home and that approximately seven (7) inches of water was covering the entire portion of their basement. 35. Water infiltrated the basement both through the sump pit and through cracks in the concrete basement walls. 36. Defendant Jeffrey M. Strickland refused to return to the Property, but the flooding and additional damage was observed by Defendant Matthew G. Strickland. 37. Plaintiffs have since had additional instances of flooding and water infiltration in their basement, as well as many instances of near flooding. 38. As a direct result of the flooding and water infiltration, much of Plaintiffs' personal property has been damaged or destroyed and there is visible and extensive mold growth present on the basement walls. 39. Plaintiffs are no longer able to utilize the basement for its intended purposes because of the presence of the mold, the absence of carpeting or padding, and the likelihood of continued flooding and water infiltration. 40. Plaintiffs have also experienced respiratory and other health problems which, upon information and belief, are being caused or amplified by the presence of the mold in their basement. 41. Defendants have performed in a poor, improper, and unworkmanlike manner certain work which were either expressly or by necessary implication required by the agreements of the parties to be performed in a proper and workmanlike manner, including but not limited to the following: a. Improper design, installation and construction of the interior and exterior drainage systems, including sump pit and pump; 7 b. Improper design, grading and construction of the fill on the Property; C. Improper design, installation and construction of the concrete walls of the home, which now have visible cracking and movement; d. Improper design and installation of the water well on the Property, resulting in visible, constant leakage and drainage from well cap in the front yard; e. Absence of deadbolt locks on entry doors; L Failure to complete and perform promised touch up painting and corrective work to the drywall because of cracking; g. Failure to discover, correct and timely repair the deficient workmanship; and h. Other related defects due to Defendants' failure to exercise due care and perform their work in a reasonable and workmanlike manner. 42. Plaintiffs have attempted on several occasions to remedy the construction defects by asking the Defendants to make the necessary repairs and perform the required work. 43. Defendants initially agreed to make certain repairs and replace certain damaged property, including carpeting and padding. 44. Defendants now deny any liability for the aforementioned defects and damage and claim that the structural and drainage problems are not defects but rather problems which are well within acceptable construction standards. 45. Defendants have failed and refused, and continue to refuse, to correct the above- referenced breaches, despite the repeated requests and demands by Plaintiffs. 46. Defendants warranted to provide a basement. free from water leakage, and expressly and through implication warranted that their construction and work would provide Plaintiffs with a finished, usable basement. 47. Defendants breached their contracts and warranties by not performing their work in a proper and workmanlike manner, by not installing the proper systems necessary to ensure a dry basement, and by not correcting their defective workmanship as promised. 9 48. By performing the respective contracts in a deficient, defective, flawed and unworkmanlike manner as described herein, Defendants breached their express and implied warranties that work to be performed and materials to be provided would be of first-class quality, free from defects in material and workmanship, and in compliance with the contracts and Defendants' promises and assurances. 49. As a result of Defendants' breach and refusal to correct and replace the defective workmanship, Plaintiffs will be forced to hire another contractor to replace the defective work and systems installed by Defendants. 50. The estimated cost just to correct the Defendants' defective workmanship with regard to the basement and exterior drainage systems is between $18,000.00 and $22,000.00. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no/100 ($25,000.00) Dollars, together with attorney fees, cosh and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT II - RESCISSION 51. The averments of fact alleged in items one (1) through fifty (50) of this Complaint are made a part hereof and incorporated herein by reference. 52. Prior to settlement on the Property, Defendants represented to Plaintiffs that the interior basement waterproofing system was protected by piping connecting the sump pit to an exterior system in the event of overflow. 9 53. Defendants represented to Plaintiffs that they would have a dry basement, and in fact Defendants finished the majority of the basement to create additional living space for Plaintiffs. 54. Plaintiffs do not have a dry basement, nor usable living space there, and despite repeated promises to correct the defects, Defendants now deny responsibility for the flooding. 55. Defendants misrepresented that the yard at the rear of the Property was to be level from the house to the southern boundary of the property. 56. Defendants misrepresented that the hill at the rear of the Property would be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property. 57. Defendants misrepresented that the front yard of the Property would be graded and "rolled down" to the existing road surface of Creek Road. 58. Defendants misrepresented that the fill removal, final grading, and seeding were to be completed after settlement, namely on or before July 31, 2004, or within fifteen (15) days thereafter in accordance with the Agreement executed by the parties and attached as Exhibit "F." 59. The material misrepresentations and defects are so extensive as to provide the Plaintiffs with the remedy of seeking complete rescission of the contract for the purchase of the Property. 60. In conjunction with the purchase of the Property and the home constructed thereon, the Plaintiffs have incurred the following costs: Purchase price of the Property $185,900.00 Closing costs 5,102.30 Finished basement 9,500.00 Solid pine bookshelves in basement 750.00 Carpet upgrade 2,071.96 10 Custom window treatments installed 1.567.92 TOTAL $204,892.18 61. The Plaintiffs seek reimbursement of the above-referenced expenses in return for which Plaintiffs will reconvey said property to the Defendants. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of Two Hundred Four Thousand Eight Hundred Ninety-two and 18/100 ($204,892.18) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper COUNT III - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 62. The averments of fact alleged in items one (1) through sixty-one (61) of this Complaint are made a part hereof and incorporated herein by reference. 63. Plaintiffs relied upon the assurances by Defendants that their basement would be dry and free from water leakage and usable as living space, and that the damages resulting from the flooding would be corrected by Defendants. 64. Plaintiffs further relied upon representations by Defendants that the yard at the rear of the Property was to be level from the house to the southern boundary of the property. 65. Plaintiffs further relied upon representations by Defendants that the hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property. 11 66. Plaintiffs further relied upon representations by Defendants that the front yard of the Property was to be graded and "rolled down" to the existing road surface of Creek Road. 67. Plaintiffs further relied upon the Agreement executed by the parties and attached as Exhibit "F" providing that the fill removal, final grading, and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. 68. The fill removal and grading was to include the leveling of the rear yard to the property line and rolling down the front yard to the existing road surface of Creek Road. 69. Plaintiffs relied upon the promises, assertions, and representations of Defendants as an inducement to purchase the Property and the home constructed by the Defendants. 70. The misrepresentations by Defendants are in direct violation of §§ 201-2(4)(vii), 201-2(4)(xiv), 201-2(4)(xvi), and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 71. Under § 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, "[t]he court may, in its discretion, award up to three times the actual damages sustained [...]." 72. Furthermore, the court "may provide such additional relief as it deems just and proper" § 201-9.2(a). 73. Also under § 201-9.2(a), "ft]he court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and 12 no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. Respectfully submitted, Dated: February 7, 2005 By: IRWIN & McKNIGHT e 44 Dougla % Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, P.A 17013 (717) 249-2353 Attorney for Plaintiffs Timothy A. Snyder and Nancy J. Snyder 13 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. TIMOTIfYA. SNYDtli NA CYJ. S Date: FEBRUARY 7, 2005 5'I?ANllAA@>AGR1:I??tEN'Pl(OR'CIf/; SALT. OF NEW CONS I'RUCTION A/SAC fie,wu.-. rmwnmWnl wW vppnrved lur,batout..NieailIn us<by,1"nllukls-f'ill N.1111lvanio Aswciuhon n( U-M-1ORS- It9a) PA LICI:NSLll,111?11 K 1 1 j{l?t LIG7?LU ) LIS'PINI UO 'A 1 (Cump.utY)_??//?L? f6_ A l MI Ili f?(1Oh61 ore mY) yy/?' pj S AI1U111..SSC?=` ADL, PH FAX___ PH _ F," DESIGNA'I'ISD?AGENT FOR SELLER orappli-cuhle) DESIGNAI'LU AGENT FOR BUYER (if applicable) -I rl7ij3 1AQrccni t Ia1•J _ _ '? - - - ?71 ? v ,Is between 1 2 SELLliRMUILDIiG; 3 _ '_?n_ _ __ called `1Seller;'and 3 jJ j 4 L... „called "Buyer." 5 G 2. 1TOPERT'Y (11-OU) / 6 2 Seller hereby agrees to sell and convey to hover, who hereby agrees to purchase: ] 3 ALL THAT CERTAIN tut or piece of ground with buildings and improvements to be erected thereon, it any, known as: 3 9 Nance of So bd ivision Plrnse 9 ID Lotll Idcl 19 tl Slre/yp,,dlydrfr _ ) 11 12 in the ??o, Count 13 Cmuny of in the Gammon ultb of I@nnsyhmida, Zip Call e_--II' 13 14 Identification (e.g., fax IDk; Parent ; Lot and Illack; Phan [look Volume, Page; Deed Book, Page, Recording Date) 14 15 _ 16 3. PURCHASE PRICE (11-00) tG 11 (A) To(;)[ Purchase Price '?V A ? C ??'?CS4'YeFI ?^P P 13 _? , J Dollars 16 19 which will he paid to Seller by Buyer as follows': 19 20 (R) Buse Price _ Y __ 20 21 (C) Lot Premium, if any 5 21 22 (D) 'Focal Options/Lxtrus/Alterations (sue attached addendum) 2e 23 - TOTAL PURCHASE, PRICE $ ) Z, 2J 24 4.!' WMENTTLIVILfSOI-00) 24 25 (A) Cush or check at signing this Agreemenr:?.11???`l•c 25 26 U3) Cash or check within -days of the aoteen o of this Agroemenr'. $ 26 2) (C) Non-refundable pre-paid uptunis/exlras/olterations paid to Seder oa or before $ 21 26 29 29 SU -- $ p (E) Caeh, cashier's cr rcrti(ieJ check ul time of seulmneN: I 3U 31 02 'fU1'AL I'URCHA.iE I'111CE $ J f_/CJ-- 32 33 (F) Depnens paid on account of purchase pnec to be ItEr List Broker, unless mherwira sated hare: 33 5511 _ c_ - 34 35 (G) Seller's wouan uppmwal to be on or before: 35 36 (14) Conveyance frmn Scller will be by fee imple dee 'ial warranty unless otherwise Slated hem: 36 37 3) 38 (1) Payment of transfer taxes will be dividul equally between Buyer and Seller unless odter+ise stated here: 36 39 39 40 (1) At bona Ofsenieamnl, the following will be adjusted pro-rata an a daily basis between Buyer and .Seiler, reimbursing where applicable: taxes: 40 41 rents; cnnd.ni n not fees and hnnreowner associalinn fees, if any; water and/or sewer fees, if any, together with any other lienabie muNei- 41 .R pal service. The cbargw are Io be pro-mild for the peried(sJ covered: Scller will pay up to and inc Wiling the date of'ettlenwnt; Buyer will 42 43 pay fur all Jays following seWounuo. unless otherwise sewed here: _ 43 4A 44 45 5. SCHEDULE OF CONSTRUCTION (11-00) ?1/ 45 46 (A) Conuneneemeut Date: Seller teturnaa that Seller will commence consinrdion on or ahout_[_", _ Seller 45 iI reserves the right to delay couunenanrent oC constnlulion until Buyer has ru:eived and signed a valid ungage nihnent in rmcorJ9nce 47 46 with Paragraph S 43 49 (R) Co nplet on Dale, Seller estinlales . pl du S of c nstrudion on or about I y-T{vI er 49 y0 he byuknowledges that the a bust ehn'ned toile of„oulpktiut on the part of Scller slJ ll us rococo lu t Ruyrt v'1sc Peyer 50 1 in f nnul' li g furor plans Iloweser if m nenmm I t n unpleoon an Pur satierl re let, ed dur. I I muu weather strikes. ddays 51 in i suance f p units unalailubilty of Tabor or material:' or any Will reason beyond S lI is cSytlro 1, sI']n uch limes and'coley ent hereon er 52 will he narteaucally extended accmdingl} and time is not deemed to be of the essr.nu. \I , i 53 ? " .U (C) Sl.ttle rent S lrle rem h Sunder will h field on 4 d.1, ob,eb is within 10 days (unles <Ihanwts s? pealtedl ar 54 ? ?? afmr Sella snppliea Buyer with u written notice of Settlement However, at the tittle of set lenient, the house and pion scs will h- ve been 55 56 sub",olually completed if the flunu ipalily or go,comene'l authority, requires n Use it, Occupancy pnaait, Seller will provide one at 56 s> settlement 51 56 6. S[P%:CIAAL PROVISiO S(IF AA/? 1J1'.1^Y, t dvjaWCjz S XL C(fgW(? 69 J GI n. yj'JP ?t`)h-oj kvh? ?L CP (Q6 I 7Y .S 6is ?'r5??il IS? ?3weY ?PUP? Nr?f "PXQC? ?1CgbhS !Gz 1 kJ tither nthals: fifi 1kk1? TOO JR550gf0 ?ID1?4''RfrIG11111'vN9YLVANI4\SSOOt{'1'lllN let ltWlCfOttyn 2Ulll1 REAI..bO1; _ f ^_ °l .x l e.u /r .n I/ 01 Z SPECIAL(LAt SLS(.1-00) 00 (A) ? II yc, ,,If Salle' h, a-ceivcd tl e Cnn..uu,, Notice m adopted by he Stdc Rea] f. c W (''.uvuis' n la 49 Ri Cud, 135.336 ea f _ :(11), Ili y"Fed Selle, ere rc,ei,cda srau ,,ut.1J c, I, sflr 1.1 closing est. h,anu s,rilblh 16 enmm,l. -.. - Ind -. nl (C') ?ll, a has rec,id 11 o Dep,sil AL i y ^I. hire (farcrt p".'u" sot's wilco Liatnig Broker is I rl ling dapo9F money) before signing hi' la ,.. .. ]lgri:enuul. - - 41 F. (D) 1311%er 11m reecived dm S, let's Pripnly 11111101.11 S1l11emrnr before signing his Agreunent, if required by law. Nate. 7Le Seller's 72 11 _ Property DiSLlospre ALI dun not te,pml a dlsclusum fain when: 7.1 n -- I- 1 r -year write 'l .rmnly can ri g IF, colAniti , will be provided; /I 'IS 2. 1'I c building will be inspcated in, u.up'iance with the applicublc building . al, w; if none, n loonally recoguizml nmdel huddling i, rrnle;AND 7,1 -' 7! 3. A cer(illcue o(occupau y or a eeniliu to If code ngiliunce will be issued far the Jwelliub. 12 al (E) The fallowing are part .1 this Agrueinenl d'ahecked: - la oi, ? Sale & Senlel t tut of Other Property - ? Seltleuieni of Oth r I n party Cmitmgeucy Addend (I AR Font 133) - ('4 wl cadugency Addeudono (PAIL 1 ono 130) ? _ ___ - all 01 ? Stile & Seldemene of Other P,roperlY Contingency ? - _ - ai 12 u ith Rigld to C..luue Murk ( ig Addendum ? __ a2 OJ 93 (PAR Focal 1311 it . (I I'Lcfollowing . exlubib; are made plot of ihia Agreement if checked:: 34 A:, ? Nor Plan of Lm - ? OpliOns/Lxtras/Alteeuious . 05 sc ? I louse Plndploor PluNF.levufimt ? New Constmrn.n We many all 81 ? floor Plan Reversed ?? Reslnclive C'oveeant5/Deed Restrictions r/ Gas .(y -Tl'1417 It, 0> 30 ? Other. ? __ __--/, + {.:Fir.. :? i air 'nJ ? building Spe dt al.." ? All U• ?. Smndmd Features ! r I ? 90 9i 91 8. N[OR'fGAGR CON' FINGRNCl'(1-00) 82 ? WMIVI`.D. 1'his sale is NO f rouangent nn ulargage linanchlg. 93 94 `? - HLFCfBD. 94 95 J (A) 'ih 1 -- o Iu iguu up n Iluyer Pl I nIb 1 umguge f m:i ig a tul(f ws.. - - 95 90 1. Al runt of in.,gage loan 11 14 4 r(1 95 Y] Aiininmm ]'eon m _ years! so 3. Type of u,FngagF, 99 .4 loses, rate=` No; I...... liuyef Agrees to aceepl the interest rate as may be cOmmilled by (lie mortgage lender, not to 90 tae ex.red a a.a mm in(erelt are uf --?Y-vi, - 100 1111 5. Drw i Fit p .iu( law, originator, loan placement and other fees charge}44y. the lender,' a Percentage of the mortgage loan (excluding 101 1112 any n engage insurance prcnow s or VA funding fie) not to exceed 56 'of life mortgage loan.. _ 102 193 '1Le harems( rate and fees provision required by Buyer 111 sarisficd it a mungagc lender nmkel available to Buyer the right to guarantee an 103 NJ in[.... I rule at or below the Maximum Interest Rote specified herein with the pereenmgc fees at or below the amount specified herein. Buyer 104 105 gives Seller die right, at Seller's sole aption unit as permitted by the lending institution and applicable laws, to contribute f..anaiully, without 105 ID5 - promise of reuribursernenr to the Buyer and/or lender (o coal. die above terms available to auger. , . 100 101 (I3) Within 10 days of the execution of (his Agreunent, Buyer will inks a conipleled, written nuotgage application to a responsible mortgage lend- 107 108 ing instiuoion.'fhe Selling Bruk.r,if any, otherwise the Listing llruk,q is authorized to communicate whil the lender for the ]in rprrati TERM 109 of assi Ling in the nmrtgage loan profess. 109 lie - (C) I- Vpln receipt of a m0ngage commimlenl, Bill,, and/err Selling Brokenvill promptly deliver a copy of the ammoionecl to Listing flanks,' 110 4 / 111 if any, .tte[wilt I. Sells[. / / - - 111 112 2 U rt age mmm t i tut due _ I? -/ V C=- . T_ If u wdlle i contouttucnt is Fiat received by 112 113 I'sing Blokcr, if - ny, otherwise by Sell /hy (lie bo" date, Buyer .,of Seller agree 1o estend the ins .. itmenl bal. ..... il Seller ter. 113 114 mingles this Agme n alt in writing, 114 115 1- Scllcr has the option to4emriwte this Agree Treat ui writing, ern o1 after he mortgage waunlmtup date,: if the moatguge cimni t neap' , 115 116 a. Is not valid .nail die dale of settlemnn, OR - 116 117 b. Is conditioned .pan die sale and sa•Illenrenl ol'any other property, OR It f 110 Contains any other condition not specified in dos Agwemenl. 110 119 '1 In the event Seller does oat LanuFUne this Ag,s meat as provided above, Buyer bias (he aption to (emiina, this Agreement in writing if 119 120 File nu.A", cumnmmenc 120 121 n Is nut cbruced by 0r'did until Its dine of settlemem, OR 121 122 - b. Is aanditirnaed.1 1 die sale and s01lement of luny other properly w1oct4• u, Fiat occur by (he date of settlement, OR 122 123 Cautions any other condition rim specified in IhisAgreemenl which Buyer is unable to satisfy by die dale of settlement. 113 11 .124 5. If Flux Ag.e en( is wradnarat us specified in paragmp6s 8 (C) (3), (3) or (4), all I,P.,it monies paid on account of purchase price will 124 125 be maimed to Iluyer. Buyer will he Fespmisible finally prenuums for mecouucs lien err iaranee and/or till, scorch, or Fee for cancellation 125 12G of none. if any AND/OR any premiums for flood rout nco and/or fire inmu.ce with extended .average, insurance binder charges Fir 125 121 cancellution fee, fall),; AND/Oft any appraisal fees Sari"tinges paid in odvane4u nmoguge lender. C27 120 (D) Seller will cot be meponsibk (0 Buyer or Buyer's mortgage lead,, to ne're- any funds for any nens" In I111 event Buyer s mongngo lender We 129 regdues an escrow, of funds as a c..diba. to complete setllemenq then Buyer agrees (o prnride Such escrow funds and complete scdle(nent 129 130 hereunder as specified in this Abseenien(. ilcs paragraph will survive settlement. 120 Fit (F:) Seller Assist 101 132 NOTAPPLICABLB 32 139 ? AI'I'I_tCABLG Seller will PaY' has 134 ? $ _- - , lr.aninnma. (mvnJ Buyer s was as pemoiueJ by the mmrgagc lender - 101 III ? l]n - --- 135 131 FILVVA, 114 APPLICABLE - is] 130 (I) It is expaxsly agreed Hurl FromahManding may adilepmvil ons of this einnac(, Buyer will not be uI,ligamd ai coluplem the pnrchasu of the ere 139 Property descnbad herein or 1. inner any penalty by farlei(am MvaFu,A money deposit, or mherwise unless Buyer has been given, in Scene- 139 1411 dance with HUD/FIM on VA raluucanat( a wane, stab Fit by he Federal Housing Ctonjur nicul" Veterans AdnaiannaiOn, or n Diet 140 141 I sdarsemenl Lender setting fora one apprais4-4mmvnimfiuly of not less Ulan 8 _ (the dollar u,vul, (o be tin 142 iaae11ed is Flie sales price a' 'clued in 161 Agree Pie ly. Buyer will have the privilege and option of prowcdu,g with consununaliaa of 16, con- 142 143 noel vvuh at regard w (be amount of the appraised ,ifindio t Tire apprFailed valuation is arrived at to deteniuee rte maxinnun uortgage Flie 143 114 Dgn.nenl of ilousing and Indian Dvvvhll meal will inure. IIF)D does nut wwranl the value our he eundilion of Zhu PngmdY. Buyer should 114 145 sali.Fy Liniscltduzrsell' (hut ate pace and coc,hai t of the Pnyocay we uccepmtle 14, dfi tar fAner L, tuts t. a4 Ate? d/%? '7 116 -' 1/S MC Pe g,2 ifa s,u,1-m 1i 11 147 Ile Walling: Sermon [(110 of 1-n1c 18. U N CL. Dcp:uvuem of llunsing uud Milan Ihwnln uilenl and Ibderd I lousing A,l niuw ,ai:sl In.; 149 'Gansnctions, provides, "Wllacvcr Jill du' purpose of-.. inllcenring in any way the uni:m of such Depmtmcnl'nakes, paes'r, alters, or poly 149 Vol Ivies' a:y srorenenr, know'ng tlm slam m be IuLu .. 11a11 he fillet miner this II'Ir. aI'll pn.vuwd Imo more droll Icon yrvarc, or ball" hill 151 (G) U.S. Dclou'tlucnl oMousing and Client h llvclopulent(HUD) NO3'ICEE TO PURCILISFUS: 151 152 Buyer's Ack. ....lodgement 152 1u3 ? Buyer has received the IIUD M ,c "[,),Your Poge,tion: Gel a I loon, Inspection' (see Notices and IRour,tion on Pmperty Condition 153 15A lsfo,r ions). buyer undalla'ds the imporlunce at getting all independeul home it6peclion and has thought about tbirs before signing I[as 154 I55 Alto z null ua 1116 payer's Initials Date_ ___ 196 157 (11) Certification We Ole undersigned, Seller(,) and Buyer(s) party to Iles Imnsaclian each artily Ilan die tells of t"' cunlracl for pumhose no 151 Iol tlve to the best of our knowledge and be 1,111 and that any older agreement court d into by any of ftese parties in coMecuell with this trays,'. Its 150 ton is au'de,d to this Agncement. 1S9 160 9. 1NS PEC'f1 ONS(11-00) 160 161 (.A) Seller hereby agree, to permit in.9pccoll, by Buyer vainnpunie l by in Seeds repasenWt, ,and by nlhcrs as Only be rein i run by Ile lending lbl 162 uraimtions, go"Ou nenal and arin". of insuring agencies. Soler farther agrees to perain any other inspections requled by or pavided for in 162 163 the tents of flas Agreement 109 1G1 (1i) [Ye-se111cnlcut Inspection 164 165 L Buyer reserves' the right to make a plc-xtthanent walk-0vough inspection of the I4aperty when die Pa,pedy is substantially complete. 181, lPt .Salley will notify Buyer prior to senlcwenl of d¢ date and all, of Buy&,i p r-seldeumn[ walk-denugh inspection of tle property. 166 167 2. At the pr,-settlenlenl inspection, Boyarrnd Seller will complete a lit sign a list of dems(puneh list) to be completed, modified, Or replaced 161 163 within thirty (30) days after settluucnl. Ilene tat Callon: be completed, modified, or replaced within 30 days of setllement due to evens 168 160 beyond Seller's reasonable wool ,it be completed by ScRa W soon as is Orion., sly possible, not 1e exceed one year or _ days 169 116 after scalenleln. This puragmph will survive settle nmu. no 171 3. Buyer's bulaa to import the Pr pa ly in the date of the scheduled pre-seticinie t inspection or Buyer's failure to congllai, and sign the 171 172 pre-senhmnent inspection form moui eltas a waiver if Buyer's nghl to inspect the property, and Buyer will accept the Property at settle- 472 'Ile moat in Its Olen present condition without obligation of modifientfon or alincement. 120 tau 4. 0u}'cr's right to make ill, inspection's not waived by any other provision of this AgrewnenL 174 1F 5. Seller will have heating and all militias (includ'ulg filet(s)) on for doe pre-seulrn¢nl walk-through inspection. 175 n6 111. WOOD INFESTATION CON'1'INGENCY(11-00) 176 177 Seller will provide evidence that there we no ..it bating in9eets ua the PropnTy, if natural by lender, If a wood infestation inspeclibe is 177 n3 required, tiny,, agrees to rundanse Seller fur the Lust of file inspection. If waive inlcselan(6) exists, Seller agrees, at Seller's expense and 176 179 before scWennent, to treat for active infestation(s), in accordance wall applicable laws- 179 190 11. RADON CON'1'INGENCY(11-00) / 166 ttl1 oiler will net installpmparwalk foraoadici mligntiwhion. (Se(See RadonNat iea)/6/, 161 102 Seller will install preparatory vw, work for., radoll n On mlogaann systems. (See Rados Noticcce)_yF/ ,?OVry v^(//'/yam/} .] 1y2 (` 100 163 164 iPi 185 12. STATUS OF W'A'TER (11-00) 165 tat Seller represents that at tinge of ',moment this property will be served by 180 107 ?./Public Water - Name of Service P,.,ida Jill W On-site Wdl Ruler whie lee s upplicah gave menl:Q standar s _ 108 1tl9 ??//?? c/??a.{?` anuannityW ( 189 t0 1J0 13. S"A USOESEWER(11-00) y4r r - _ - t , ? [ 2 \,7Se r represents Quit property is sea ed by: a ,S 19: 1- Public Sewer - Nmnc of Service Pruvidef 193 9 t?..? ? Individual On-lot Sewage Disposal System (See Sewage Notiue I) / 194 ?`YM ` ? Cwnmmnily Sewage DishmsW Syn nl _-?1I-- 195 PQy9e ? Holding Talk (Sec Sewage Notice 3) co 1 Q)(y?VYSIy 196 ? 7 ? - - °rkl(_zr i1 ??krffl ?Y 15 y ? ri 119 14, NOTICES, ASSESSMENTS &GOVEIINh1EN'[REQUIRES1ENTS(I 1-00)W 1?(? ly? 1S IS(?IJC?I?r:?. 198 . 199 (A) Sell,, reprewars a, of Seller's execution of this Aga,nmut, that no public itnpmvemelr, emndaaum or homeowner efix. anon assessments 199 200 have been made against the Property whidt remain unpaid and that no notice by any gover'mcnt or public authority has been served upon Seller 200 201 or anyone on the Seller's behalf, including notices relating to violations of zoning, housing, bniWtng, sanity m fae ordinances which remain 201 202 uncorrected, and [hat Scaler knows of no LOaditoll teat would aonstlago violation of any sal:h ordinances which remains unrelated, unless 202 203 otherwise specified here 203 204 204 200 (11) Seller knows of no after potential notices (including violations) and ussesenents except as Billows 205 206 205 201 (C) Seller will he respon,ible for any amine of improvements or assessmeus received on or before the date of soulcmen[. 767 200 (D) Buyer is advised that access to n public road may regni sUla,,. if a highway occupall p,alnit from the Deportment of Transportation. 206 209 (1:) Ad necessary femurs will Ile ch armed and paid for by Seller prior to seulemmn. 209 210 (I) Seller Will Comply wall all a,'mcliuos and n(uiretnenh inlpasnd by any govelranental radio, noes, 210 211 15. 'TITLE, SURVEYS, & COSTS (11-00) 211 212 (A) The Pmperty is to be conveyed ficr, and clear Of all litma, encvmbumees, said easemen,, ! KCU TINE HOWEVER the following. eviming 212 213 deed nestrl,was, lusml'ie preserve uon restrictions or ordinance,, building mstritliea,, ordinances, euselnems of roads, easements visible upon 218 214 the ground, easements Of rc...d, privileges or rights of public service companies, il' any, odmnvise Ole title to the above described real estate 214 215 will be gaud and marketable and such as will be insure 1 by a reputable Title Insurance Company at the regular rates. 215 216 01) II Ole event Seller is amble to give v good and marketable lilt: and such as will be annual by a oepuNble'role ComPlmy at the Inaba sates, 216 217 as sprained in paragraph 15(A). tiny,, will rave the option of inking such title as Seller eau give without changing the price or of being repaid 219 213 all monies puid by Buyer to Seller on accuuut of purchase price and Seller will nornbune Buyer for any cruts featured by Buyer for those items 216 219 s,edial in paragraph IS(C) and in paragraph 15(D) items (I), (2), (2); and at the Inner event here will b, no further 4filli ity or obh,aian on 219 220 either of the pubes hereto and dus AguainVn will become VOID- 220 221 (C) Any survey.1'alloys which play le la,:i:ed by Ibe Title Insurance Company ur Ibe nbsemdng etorncy. Jill W, pepur9riun of 91I adegw:m 241 222 legs desrnptioo of die Property b" the conolloom thereof), will be amine l and paid fur by Seder. 222 223 (D) Bltya will pay fur We rullowing: (I) the premium for mechanics lien no, once aaUor title -'Intel'. Or fee fur 14ar dhei-a OF sank, if any; 229 211t (2) 'Mc pan ors fur Flood ins andla Gee insurnmc with extended coverage, insurance binder charges or ca sellation fee, if any; 2Z4 225 (1) Appraisal fees and ,b....... aid o advance In no J'o'n lender, if any; (4) Boya's culao nary seuluna, cows and accnlals; (5) Initiation 225 226 I,, r, a;,ouil fuming fe, lany S 717 TIC /??/h /X? 226 220 ISUVerlnllido * ( /oQ \_ 2:1 :VS-NC Page 3 of 6 Sullcr Inilinln:_ 220 271 ll:) 1111}' ".s icv ,w„I e I I I UI 'uI,, I II I,,: .1111 I. I 1 it rlr wl ll III, 6 Img pis us, col .w I): Ill, locni o 1 f auto Ir ,1 II I.,I b,:l rig pm- 273 210 _ chu II even of drlin I _ plans i:111 ,l I, dpi b code-'I 11u Is, all ac al ; ilx ro r:n ali' I unanls, col d "Irk, or 100 Y1,11 J1111111 rLli 'llo i"_ 2,',d tool 1 of mm.rdl, ho"",1ol_ 231 16LONIN4 ( L ASSII:IC',fl It )N (11-00) - :12... 211 1alurc 11 Ill, Akl,unfnt tofaa,a lireei ni JoIldi-tilul.1LIJA III Cases wlu:m die pmpeny aud inch par sl d."if, ICeuln imd'aklc) isnnd. PdB. YW Nrl,ly(ifpriluuidy to pemlit single-laultly Ikyc ling,,)will rerall,thfaAgI"m,,,lvnid4M,at the oplian of the Buyer, aud, it void I. Illy deposils ielP psd. doted by do Buy" will be rclnmeJ elude Lr withaal;nay rc,pdrenwnt fie amt 3'i"o.. 72i tar. 7.umng Clas'ifica0un:.. 16 17... LANDSC U PING & DRIIT- W,U (11 00) 0 pA) Sell r ill all mpl t 1 I ".o 'e ' 1 III p of d sisaiug 1 , s or i ' Ihs' is re'rs Irlbly pm tine luring the co mtNUi n of the 111 rrvGmaulr me Z3 f Lo house of tin. prcniisew.b s uxp....1y of r shat seleld s not yuaramre or wurun t dw ,,I i,A litany flees it Arri" exilinb,n the prearlus %3d i'.9 pira oconnnmdun.Ally ,xiloog us.. ,rfaida lhIt uray die :dw,,itlclueut m, the rle"'lansibtlity of Bgya. Seller ss dl b, responnhe `I` 2 to I. glade _Ind. well tie Jixturbed rem edy. Any soil ,,,shoos floor ruin or melting snu,Y or Winellls die to droughts affr 'etllcoloot:ue ILI - 219 VI Sulu •spunsiWliry of 15 rver, AS _W lhu p any ur'pa"loy of the Smwtb of gms, it will , Bayer's respaordbilily nn Warr Ye 1ible and aseed 211 `'42 211 is llerA:tiot, fill calkar,at, pa, (11) Boycf ackuuu"ledges del, due to udversu ive:nhcY cnudilinrls and other,,tao s b.yuad Sell„'s re.'sonuble control, dents radl ii ig the driveway Za; 241 sudac grading'mld :. Ping, cztericr p' lut(ngof stain' .g, aud exmpor... ,Crete mducrs may not be completed of time of .le th nicot. Ihdcss 241 2 I5 odl rw ne igrerd, nn portion at the pu I ",r, price or option Payments vedl be placed in air escrow account or withheld from Stiletto w(denaenl 2111 Z7 ` to comp 'l,efe tar Incoruplct, duns. h,.ller will complcie fpm items within a reasuwble 1 ale titer senlrmeoe It iseathtt conAl¢usn pennlL .`all (C) This na,dg,rph will sfr one waternent ,17 747 Is. , L'BSTITDI IONS (11-00)' yU -- 11UYER AND SELLKII ACICNOWLHDi 1. THAT TlIF IIT iLDIN(;S AND IMPROVE 1IENTS ON IIIL PREMISES Will Itl'. SUIJ- Zap tae ggAN'TIALLYSINIILAIi'IOTDE bs'irUiLI.SLIED II UILOINO SPE(TVICArIONS. ItUI Ill? ALSO ACKNOIVLF:DCE,STibl'1'SKLLISR 7sd - liens 'f11E ItlGfl'1"r0 N1,1KE SU1tSTIfi1'l'LONti OF NIA'fER1A[S Olt I'RODUC'l'S OF SGB91AN1'[ALIYII:QUA1. OR 1)E`FIER--'°u 7)T QUALITY AT SLLLP:II'S SOLE DISCRE'('ION, AND I IIA'1`ACT-UAL NIXI FIRIALS AND PRODUCTS MAY Vi\RY NROpI sAN1Yl;E 2i1 TO MA'1'ERIAIS AND I'RODUC'IS. - : 162 253 19. 1 TIAL NO'I'IL E 211 'PHIS DOCUMENT MAY NOT .SELL, CONVEY,' IRANSLHR IN(711 UL'Oft INSUR E T'lll TITLE.' TOTHE COAL AND R IGI ITS OF SLP a- POPIT UNDLIWEAIH 7H6 Sb RPACC LAND DFSCRIRCD OR'i2F,3' 11RLID 7O HERHIN. AND 11JE: OWNFR OR OWNERS OF SUCII •py 46bI COAL MAY HAVE T'1 HE COMl'LL 1'E LEGAL RIGA L FO ItIiMOVB ALL SUCI?I CON. AND IN THAT CONNECIIPIN DANIA'GL''MAY Sa 257 RESULTI OTIIF SURFACE OF FILE LAND AND ANY HOUSE, BUILDING Olt0FI(ER.S'IIt( IC'IORE ON OR IN SUCH U%ND.(This notice $57 25J is set forth is the r r Imc I uJ 1 in Sc'1 1 I f tit Au of filly 17, 1957, PL 9841 "Buyer ackarl, ledges that lie amy net be of t viung the right 251 of protect n ba :t subsider(c re It'6 boar cool naneg l tot s ilI that the property described herein may be protected fr 1 lcarnage tr to 15J mine sub f 1 y a PlII ne c ntraot wail tie o,vr tars fine I n t Ic rat Ism tl a owl. This r kdl I dgen rat 3 manic forth 1 tpuxe of c.rf- "f 2108 plying -wall the pnrvlsiuns of Swtili1 14 of the Binamarn w Mme Subsidence and do, Lend Cu Iserva0o0 Act of April 27, 1906Rover agrees t 2dd 261 sign the 111.1 (Toro Seller such decd will t. aeairi the afurewait provision.- " - ` - - 761 1-42 20. POSSESSION (11-00) -'L I'o.,stun i. e he delivered by decd, keys -and physical po ""'l r Ica clean builJiog. The nut alt building(s) will be free of debris it day mad time 2U 24.1 <f wtllernenl. 201 P65 21. It EC'OR1)1NG(385)This .AgRCnmat coil l 11116. recorded in file 015ce for file Reeordin6 of Deeds or in any older office of place o f pillJW record 2111 264 :and if Buyer cal>_scs ,, pealuls lids Agr,caealt ui he rerolded. Seller may elect 1o treat such an a: a breach of It., .Ageena,nL gnu 267 22. ASSIGNND(NT(3-85)Tllis7\greeuacm will bcbinding upuu the panes, their rexpeetivc heirs,pf¢bnul representatives, guadiansund successors, 257 563 and m the '"cal assignable, ou die...igas of ale parties b,mw, it being expressly undcrsmod, however', taut Boyer will curt neuter or assign this Lot 269 A reemeal w,ohuul die written consent (it:ielleo: 23. DEPOSIT& RECOVERY FUND (1-00) 241 2'1 (AI Dep,i paid by 14vyer saa, a) All, of vmalement'ill be try cash, cuxhiel's or certified ctmk. Deposits, egardlus of the Pour o(payment 2710 vt and the person designated is payee, will he paid to iudollhall identified in paegeph 4(1), who will clam them in an escrow a "hint foul con- 271 -" sennlaann or lemanalwo ill this Agrc,n¢al in conhmnity with Al applicahle hill, told mgolutuuis_ Any micil'h"I check mnfella as depash 712 273 may he held purding the acceptance of III,, if,, 70 2M (n) W the event of a dispute rarer cud0ement to deposit morales, x broker holding the deposit is required by the Rules and Regulations of the Sloe 274 Z75 Real Estut, C.vorocsorn (4l) PI Code D1327) In teem the loonies iu escow unlit the dispute is resoWed_ Ia the ever of lit ,all a for Ibe 2'35 4,6 enrol of deposit na.nim", a broker will Jisn ibalc ale mantes as directed by r final order, of .fad or he wddea Agreement of the panes. Royer 't se T;7 and Seller agree amt. in Ihu event ary broker or ufuliated licensee is joined in litigation ill, ale reams d Jepoal monies, the alrorneys' fees and 2p 279 costs of die broker(s) and licensee(s) will be paid by Ihu party joirwlg diem. ,73 1711 ((') A Read Ewmte Recovery 19ad exit Ls m rehobors l any persons who have obtained a Cowl civil jutgment against a Penusylvanla oral esnt, 275 ?4 ilwnxecowing to fraud, o,oT,owmalioo, ill deceit ill a real a:110e parr IOioo and who hove been unable recollect Ihejudgment role, csh as( ing all Lgal and syuifable remedies_ Fur u'Inplet, dutuils about the Ford, cull (717) 783-3651, or (Y,110) 822-2117 (within Pennxylvanio) aud 2all tm eat (717) 7814854 (Braille Peansylvmila)_ 232 2,a. CONDOMINIVAUPLANNED COMNIL'NI'1'Y(HOMEOWNER AS.SOCIATION) PUBLIC OFFERINI: STATEMENT (1-00) 242 283 ?I NGI' APPLIC'AHLE tut 891 ? APPLICABI F. CONDOMINIUM Zia 285 (A) Boymmknowledges flat ill, Pn7pelyis a ufit of acr,ol mlormasd,fincd by fill UaifamlCondununium All. Seller e, a declaanl of the eon- 285 286 doluiniam aadis vtq,eoed6lprov.A,&lyer-with apubiic off,nngstatern,nr lSm Condoall"foJUni(oml Planned Community Notice for def- 289 2117 logioro' of dcdarart, public offering afalemc o' and a ldhooninin.) 291 288 (11) The delivery of the public olfemtg star ernelf must be Slade no laer than die dale We Layer electric, dais Agreement Buyer nary caneei dal 288 289 Agreement within Od,en (151 days m}r ecelving the puhfictotbor rag swtelnenl and wi111Jn Reno (15) days of ucipt of any n r,olia eat to ate 289 290 .Statement that malerially and adversely affects rarer, 291 ? APf9.(CABLP.: PLANNED CgML9UN1"fY lP 1OKIEOW NElt ASSDCIAilU1V) all 292 6`\) Puy ur 1 Jgea tl , t Ih ['I iFl,ty is 1 n of a planuoJ aonmmniry as delmeJ by 11 c tardIll m 1 It1 ncJ Corrwmniry Act. Sell,, I, de i:u- 291 242 ant of die phuarol corneal lly and is restored to pnlvid, Buyer will a pubh, u(b riag ri'i"ent_ ISec Condonlimma?thr.Coma I lamed 293 C'oncol airy Ncliee fur di floaions of dell:aunt, public Willing moement, and plutmed enfunfllily) 293 294 (I7) The d Ylarwa most provide Royer wish a n,Ty of the poblie offering statement and in amendments no pater tlmo the data Buy.....,cute, ffiis 284 295 Agreenn,rite Buyenwycar,ll Oafs Agrecn¢nr within sc,e,(7)Jays ofter receiving ll re pablie of I- IT slatCmenl and widun Imil(7) days after 296 296 receiving any amendment to the eontraof that weld nraf,n ally and ud,c,.,Iy elf"tact Buyer. 296 297 25. NIA IN'IGNANCE & RISK OF LOSS (11-00) 297 2119 Serer will beau risk of puss from File or other cr,oal ties anal lime of xotflemcnt_ In the event ul' daaragc by Core or other caaralu" to wry pmpcny 294 259 Inluded in lbe x.fl, filet is non o,aimd or "["I"" prior m seflelnee, Iblyc, will have die uptiun "I'll"'allog Bois Agreement anon pnalaplly mceiv- 1110 ing all magi: paid or -lino at !u la9 Pi I, oaf xlendirg seal mill sol"tell ivte -m"S'ell.rc.n Deliver [hcproperty in annplcmd wndihonr too aud 341 Mayer lie hereby noodled dr. f Buy -nr; y iruo r. Ho y.r s uluiwble ina,.nst in 111111 ropetfy as of die time of exc,,ulion o(dr, Agreement. Sat 3 26. RF.LEASE(II-00) Buyer and SeR,r hereby rcl.:ae, quit daiutaod forever dischm'g, ALL BROKlRS, [heir LICG.VSEES, F:MI'L01'EES• 3103 a.danyOP'FICERnr1•ARI'NEI(al'an fihem and au [her PEILSON,F'1IINI, or COItPCIILITI(1N wbo ropy be liable by nr lhrungh 103 y to rum f y r' "y'll, from any and rill rlainr.a, "jasw, or da, including, hot not limited Ili, ors on al injuries aud pntperty d:unapc auA lilt nI She ron- uu 393 wegoences thercnL'Ibis release Bri, ill ... rviv, e "llI xltlcnleuf. 341 '86 27. REPRESENTATIONS (11-00) 319 lay (A) Buyer food enlards Hill Illy Iryueaataf Its cE'ns,:ulv,tis' Lpsonaomo'.1 arliviaiei, N.I.n_; pious, built h. pecihudo antics 306 ,of oadc by Seller, book"', t Tl'ecnmos,u pluye., rfficc-., or paan'nmu fa partof[Ill, Ay, _rlndwJcws expressly inclapi,,.d er slated 347 u63 1 tbiw Ay r a. )f Ir7 Iry 30B IP3 it y 1 I-:dv D, ) A/s NC 111, 4 of a Seller l I dre.._.. !.l 319 ',ua (I., ?u ?Ieka.e Iodgm0 a ll okas,'ifinn bw.i sow, e ll , , oB,," ur pt t meta f , . , , u 1 h do a.I.e, e,aalenI of h,lI t tau ngs,,I-II 116 311 e'aurm,It r3mhdo'unaQw, a a have be:ut It on l be nal,I,a and gnali ly of floc a I'lclw es to h ble It by. 5,I Inc huthann ore, hoI kill : tleiv licensees, 811 Tf <nry ,yres offasq, nd l utnua nr.k,. a rcpmsemo "in will, respects pumiu or suet "fill evidence, If g...ennnent :gryv al 1,a theran.. 812 ill Ill ml„n if the arectu,,i be built 1,ti If,,. ofdoe et mmn"nud cutiaiuna,ill, pemfu:d tic,' the lione-alamdilitt l1 Soll", or the moo- 311 .311 1 lion, existing t1 the 41cale wall'. hac 1,.?pclly is sinmtedt nor hevc they made at Inspca on of the compoucn(s, applim¢c" syacan" or cunt- 30 31a same pmduc6 w be installed it cr 4I it the Proputy ins :B6 (C) 11 a hodher wtdenliod Ihat Ill., AgmatueN cocain, if,ershole Agmeuwat between Setki'and Buyer and Wise are no idler u ones, obligari0114, :Ilfi .317 Ibvcoanu, I'lo"intations,'ean"n dwmbnndiliine,dral, udleriviscof.wy kind wimtsneva concerning tan sale. Furhutno¢, des Agreement :w 316 will not be alac ad, amended, Chmtgad, iv AitdTed exccpl it wraIng exeeuroA by the patties. ;3IG 319. (O) Hit, headings, captions, all,] line nuntl e ; in Ibis Agreement me mcannonly to make it ca.'ur to foul the pen:gri"I., 0ia ?S.. 1AARRANLD:S(11-00) 3;3 A11 (a) Assignnteut of Marini clarer's Wen unties: Seller hereby assigns to 13 it cr the annual auurer's w;trsulies out all appliances, eguiproela, and .1?i other"u n,neI ..... duals to be installed ill ornn the Properly. Copies of Weac wmmnties will he deliverrsI to Bay,, Seller makes no warranties, 'ill - represenladata or guarantees, with Is pis I-to tan app Dances, equopmant and eia9nmer pr Wu,,LS and ell Such vial mntos, represetnoll on s, and 9]1 324 mia,u Ies are hereby d,,dailml.'fhe sale remedy of Buy,, as In any such ,well will be ((I In Jke such claims as arc uppri po le India, the mnu- 3S4 ;11tl Mahe"', wariaflties. - - 335 326 (13 Noted Warranty: ka,cpt u, Set fill ill on any limited warranty that may be provided factional. SI1.7.EIl MAKES NO O'1'lll?k RFTRN- 920 317 'SEN'T:A'1'IONS OR WARRLtlc lGS OF ANY NA71pW, F.XPRI`SS OR IMPLIED, INI LUDINO MIT NO IF LIMITED '10, THOSE 12f $10 Of WORKMANLIKE' CONS'TRU'CT ION, IIA BI'I'ABILITY, DESIGN, COND(l 10;N, QUALITY OR O'1'11ERWISE AS '10 TIIF, 320 T20 PROPERTY AND T1I I` RICSIDEN('E AND QTIIEIt 1DIPROVISIVIts N'LS CONS-1RUCT11) TI BiREON, AND SE11,EIt Illilt)?IIY 3?9 330 b:XIll? ESSLY DISCLAI MS.INY.SL'CII ItEllESEWiA1 IONS fill WARRANTI@:S. Buyer hereby acknowledges and accepts such dis- a:a sit claimer and agrees to waive any and all ,iglus Bayer may Ina, by virtue of such repo senmlions and warrtaties. Except for dw warranties pro- Dl 332 -,Wild by Su llcr. Buyer a...wes the risk of oily and all d:nmhgc from the dale of walc fart. a, curving in it appearing on the Properly reg"lless 3a2 ' lie of tom uWSe thereof. Buyer's assumption of this ask is pxrttally 61 ornelaration of the uilliinl of the purchase fill tic of (he Pmpedy which is sail 334, Irsver then it would be i f Seller was to he held,espors4de, for any such risks by virtue of said expressed it imphei representations or warrant as. 331. 336 29. '1NIE0F I'llE ESSENCE-DCN'AUL'P(11-00) -- - 395 336 F.c qrt as ,lie rw oe,holed in this Agreemera, the said time for settlement will all other files Ioft and to fur the perfonnanca of any of the obl iga- Sin 339 - tiims of Ilia Agreement are hembyagreed to le ul' the esBeare of this Agreement. For the punpates if ([its Agreement, nmobet of days wil l be courted 3Ji 333 Ginn the date if execution, by excluding ale day it... Agreement was exceWC,l and unending the last day of (lie dine period. Shia ld Buyev 330 339 (A) Fail to make any additional Payments as specified iq paragraph 4; Off - 330 340 (11) Furnish false or incomplcte infor nation to Seller, Listing Dow,, Selling Broker, it (tie nwrtgege bend if any, ciocemiog li6yer :4 legal 0r 340 341 financial smog, or fail li cooperate in Ilse proressin, of the mortgage loan applic:nion, when acts \could result in the failure li obtain the Tao 3v approval f j mortgage loan colmNtmm?r, OR 341 343. !C7 Violate ur fall 10 (ulfiil ind porlun" ally other returns Pr L ndtions of dis Agrcement; 313 344 then in such case, Seller has the npool of o,anning all stuns paid by Buyer, including the deposit monies aid motors paid fill options, extras, 344 345 and/or a11collons, 1) on account of purchase price, or 2) as manic, In he applied to Seller's damages, or 3) as liquidamd danwges for such 945 346 breach, as Seller may elect, ouless olher vise checked helm,. gag 347 ? Setter is banned re recol sm'S paid by buyer, including deposit monies and moons paid for opti-ms, extras, and/or altemtiota, as liglu- 347 349 - dated darnages. _ 343 149 11'Sell, elects Ti re Win all smns paid by Buy lnchading&,,.d mimes and monies paid flacon en `s, extras, and/or altermians, as fquidttad dam- a49 366 ages, Buyer and Seller will be mRe3ed fivm further liability or obligation and dais Agreement wit lie VOID. 350 151 71). BROKFItS (1-00) 851 352. 'The business Relationships between file Brukei(s) and Seller and Buyer arc as followt UNLB$S a Jifferem Iaalionthip is chucked below. 352 353 (A) The Listing Bmker is Agent for Seller 353 354. (It) The Selling Bicker I, Agene for.Buver 354 155 !C) When die Listing Broke, and Selling 11 n,kcr are the sanm, the Broker is a Dud Again. Dual Agency applies to Ill licensees, UNLRSS them is 355 3:1 a Designated Agent(s) far Seller and a Designated Agent(s) for Buyer. If We little Licensee is designated for Seller and'Blycl flu Licensee is Sea 357 a Duul Agent 367 154 A Rosiness Relatirrultip exists that is different front above, as follows: 35tl 359 ? 7-he Sid ling Rocker Is the AgroUSubagrm tar Seller. " 359 360 ? Tic Selling Dicker e; a'Prao lion Liecneee. 3611 361 ? e be Luuag Brakir i,,, T,4nsaclten Lianwe. - - 361 See N) lbol,crp) only perform .. was to asset unrepresented parliee in conoplying Said, If(e tarns of thus Agrcement 362 063 71. MEDIATION (7-96) - 363 ;164 ? NOTAVAILABLE: 354 365 ??-WAIYRD. Royer and Seller uudnerand that they may 'house to mediate at a later dine, should a dispute arise; but that (Lem will be no obb- 365 360 r gmi t nt file part If any party ti do so. 366 3.7 Id-a-IrD 361 AS (A)' foyer and Seller will try to resolve any c iynbe or claim this hmy stile from ([as Agreement Iluengh nheiia(ieu, in accordance with file Rules Sat 369 and Prrerdutcs of die Honkie Sellers/Thou, Buyers DiejMC Dissolution Syslcm. Any mrvou...I cii through a mediation collfcrefloe and 369 370 Signed by die partics will be U.ldmg. ( 1 yy 370 9ll (B) Boyer and Seller mlilo lad),, that they owe reociv,nl, o n.0. and undenma 1 We liu1.. and 1 rrccduo of the Honkie Sellus D a, ILrycis 311 To Diapeta Resolution Syat,nh. (See Nfealhoon Notice.) - 37.t 313 (C) This ng cameut I. ntedialc dispt@s ari-sit, filch this AgtzemeN will survive setllemenl. - A74 .... 373 3!4 375 it's 116 :177 316 - 177 37s glfi 379 319 Stn ,a{. 360 ]a1 ant out 3112 Sus 415 ar„ t1s 016 1.5 3301 Ina 301 ab n yla 39 p/ r%1 all ;4rt Its 1 hints.- /. A/ti.Rr. 1,ge 51f 6 5,m r 1n11i I / an, ,v,I It I.,,, uu,t tirller :u'kuunledge Ih.n [hey I"', Ic"d and uoch.'i'td Ilm n'nire.9 and eapLmalnry iuru"nalimI ra Im fI. i9:his.l g'r'uunl. 3!9 392 392 ,+,e'4 IA IIrl al I, n"Iu I", ierriviu6 a II", A tit I,.1Rnwulent at the t ime..I'iguing. .1113 TI I R4 995 NM f( 'E 10 [.I, 81163: WHEN SIGNED,'M IS AGRFENIN,NT IS A IIINDINC CONTRACL Return by hicsintile l'an"i "b"I (br:1x) o f Ihis 33i 316 g,r, ,.I it, a...I III )Ild(n11J, fn. IIlg the 'ignak is rf AL1(n4'tll'S onestltuJes .... lt:Lll'enf this'Aglelltlent. Palli,slllllllYlrNlLtial'IbnIare Nd ,[Pell 396 3'II e)11t ly Al Jdtit\C. ti . 11 1111111 ,111 alt Inly Iiifnll alt,lllll?If lk{.) Il 391 193 l 1 / u jTYA ?' ' ' /? ?/ / /- r/? 64 ]9tl aH 1 / f 1VlI W ti % D V IT t ? -.r-- BUYER ?. -.-- 1 , 399 r A 43N SS x I;."", N,,,,, IPvm4 _- " 4 103 401 La A, NJ,, -' -- _--- ----,------------ -------_--.- _-- 491 V? -_'------ -- ---'--- - ---- Anz 461 PIu,11e 43 401 1 Ax 434 111E ifi`a J06 NVI'1'NB;S9 401; W7 ttuycl .107 498 %Ldt Ju0 ate 409 410 418 ail IAN It___ F)Mail___-_- 411 412 312 413 14'1'I'!VCtiS Iil1YER ?IL\TE___ _ Ara sit IArycr Numc (Print) __ _,-, SS N 414 415 _ -. - Maibal'Addrcss : ? . 410 Aid 414 1'hnue A'(11) (W) ?? - __ 417 416 ,113 A19 429 - .l II t 111161 gLmves We above i ntra t thi6 (d .11r) -? ty is ?_1e _Y r / .119 Vii 421 and 1.-'d In vl ofthe services dn,Ii pmcl'ng din Buyer S,.Iler agees topay the named Lln.g Dtl,ura be of WI V2 Id /I n , fle. b nra [.titled sate 11., e. In the event Buyee defaults hereunder any n „iu paid on ur.tue will be divided _ vf} `?. p vTz 423 fi II LI u g B oke, but i,I 4 evcnJ will II sum pal y tfle Ll Ijny Broker, 1 1 exee_ss of the abnv s'pe ifi 1 ll lke,'s R e. V3 421 ?'l 1 - dam • ? 424 426 , lr ( A117 NESS AI- I IER Y . 1 11r, l ` 426 815 Y Seller Nanm(prin) AN 411 Nlr,il iug Ad,lrce's --_?I1 427 429 423 499 Phone 9.4 (IU __-_ (4V) _ Wit AM 1?A H_-_ G 430 M 431 431 \V1T?dLtiS___ SN7LLER_ DATE 432 433 Solid N.,me feint).__ It - dY9 454 r,lddiny Add,eas 434 U5 439 4:16 'le0m its (11) (W) 436 137 i'A\a__- 437 138 498 a39 SVPI'NESB __ SVLLLR _ DATE 439 440 N, 11,r Name (print) SS N 440 111 NI4iling Add mss 441 1.1: _ ___- - -_- -, 441 143 __ _ --_ [Tonle N3 (Ip -(W) 443 0.11 FAY 9_-._.-_ F.-Mai[-. _ 4" 14.5 415 uu I Avker /bin+u9ri Clmtiticatinns lefnrk NI1 that are uPPiicable)r 415 141 ? Rogardhlg PI IA Mortgage's. 711e mldervig nod Licenscrs invotved in this Irwleaction, on bahulf of themselves and 1hoi, Inrke,s, certify than 447 u0 - Ilse wnne of this axara t far plachase me tine to the be31 of [heir knowkdgI, and belief, and IlIX my oth" 1911ement encored into by any of 443 149 I rcve pales in tonne Yion with In' tnnxenion is attached to this Agreenlenl. - 449 150 hi ? Regarding Medintime i'Ile undersigned `? Lisling Ifrokrr, d, Selling Blvker agrees w sel'aut to mediadun in 4enuxl:mca with • u .151 162 jl.m ,,ph In di Ins n ............... ' -1 c daz 51 IW LI5T11'G BROKER ,65 ,AC('IA'I DA IFF fly 354 b6 t57 SI?LI IN(; 66 SS Act F[qFD &f DA 1 7 bl 457 59 _ bo 00 459 m 63 62 61 43 462 64 463 e5 11,4 66 fib fib 69 467 50 Itu3 e1' Wi(inko A/.%-NC Page 6J ti Seller Initials: fib 1611 RROKVIA'S COPY STRICKLAND BROTHERS CONSTRUCTION ALLOWANCES AND STANDARDS FOR NEW HOME CONSTRUCTION-CUSTOM AND/OR SPEC HOME LIGHTING/ELECTRIC: ALL BEDROOMS WILL HAVE CEILING FANS---TEN RECESSED LIGHTS (CANS) ARE STANDARD---TWO DIMMER SWITCHES ARE STANDARD-- ALL MASTER BEDROOMS AND FAMILY ROOMS WILL HAVE TWO PHONE/CABLE JACKS----ALL BEDROOMS AND HALLS WILL HAVE ELECTRIC SMOKE DETECTOR--- $1000.00 ALLOWANCE FOR LIGHT FIXTURES IF YOU CHOOSE YOUR OWN FLOOR COVERINGS: OUR SALESMAN WILL COME TO VISIT YOU WITH ALL SAMPLES AT YOUR CONVENIENCE--- -$6000.00 ALLOWANCE IF YOU CHOOSE YOUR OWN INTERIOR/EXTERIOR PAINTING AND VARNISHING: $4500.00... THIS WILL INCLUDE A POST MOVE IN TOUCH UP---CUSTOM COLORS TO BE NEGOTIATED DECKS/PATIOS: AS NEEDED AT ALL ENTRIES AND RESPECTED AREAS FOR GATHERINGS ........ FLEXIBLE KITCHEN: YORKTOWNE KITCHEN CABINETS AND FORMICA COUNTERTOPS WITH PROFESSIONAL INSTALLATION ARE STANDARD... CERAMIC SMOOTHTOP ELECTRIC RANGES ARE STANDARD... SIDE BY SIDE COLORED REFRIGERATORS WITH ICE MAKER ARE STANDARD... MICROWAVE ABOVE THE RANGE IS STANDARD... COORDINATING 3-CYCLE DISHWASHER IS STANDARD ...1/3 HORSEPOWER GARBAGE DISPOSAL IS STANDARD ...2 BOWL STAINLESS STEEL SINK IS STANDARD PLUMBING: MOEN AND/OR DELTA FAUCETS ARE STANDARD ...KOHLER TOILETS (AND KOHLER !ACUZZI TUBS IF AGREED UPON BY BUILDERS) ARE STANDARD ...50 GALLON HOT WATER HEATER--BASEMENT WILL BE PLUMBED TO ACCEPT WATER SOFTENER WITH SIMPLE INSTALLATION ...STRICKLAND BROTHERS WILL INSTALL WATER SOFTENER FREE OF CHARGE IF PURCHASED BY POTENTIAL BUYER PRIOR TO SETTLEMENT... BATHROOM FIXTURES (TOILET PAPER HOLDERS AND TOWEL HOLDERS) ARE STANDARD HVAC: FRIDGIDAIRE HEAT PUMP WITH CENTRAL AIR CONDITIONING IS STANDARD GARAGE DOOR OPENER(S) ARE STANDARD ALL GARAGES ARE INSULATED, DRYWALLED, FINISHED, AND PAINTED WINDOWS: MW ALL VINYL DOUBLE HUNG TILT-IN WINDOWS WITH LOW-E GLASS AND GRILLES BETWEEN THE GLASS (IF DESIRED) ARE STANDARD... THESE OFFER A LIFETME WARRANTY... WE WILL PRICE SHOP IF ANOTHER WINDOW MANUFACTURER IS DESIRED DOORS: MILLIKEN MILLWORK, INC. STEEL ENTRY DOORS (PREPAINTED) ARE STANDARD... THESE COME PREPAINTED AND CAN BE ORDERED PREPAINTED ON THE INSIDE AND OUTSIDE WITH DIFFERENT COLORS- ALL ENTRY DOORS WILL BE EQUIPPED WITH A DEADBOLT ALL HOMES WILL INCLUDE A VANGUARD VENT-FREE FIREPLACE WITH HEARTH AND MANTLE SURROUND... WALL SWITCH TO POWER ON FIREPLACE IS STANDARD 9 FOOT X 8 INCH POURED CONCRETE 'WALLS ARE STANDARD 2x4 CONSTRUCTION IS STANDARD WE USE ALL ENGINEERED LUMBER (TGI TRUSS JOIST SILENT FLOOR SYSTEM) BATTED (R VALUE AS REQUIRED) INSULATION IN EXTERIOR WALLS AND BLOWN IN INSULATION IN ATTIC AREAS ARE STANDARD WE WILL PROVIDE PULL-DOWN ATTIC STAIRS AT EVERY AVAILABLE OPTION THANK YOU FOR CONSIDERING STRICKLAND BROTHERS CONSTRUCTION TO BUILD YOUR NEW HOME. Matthew G. Strickland, partner M. Jeffrey Strickland, partner Frida%' %lazil f)3. 21:a? Summar, for time and material cost related to finishing approximately 1200 square feet of basement space located at 629 Creek Road Carlisle,PA 17013 e Work to be completed for Timothy and Nancy Snyder by SBC e Finished area to include: Drywall on insulated studded :2x4 walls,drop ceiling gas vent free fireplace with hearth, One interior door, electrical wiring,cable and phone jacks.carpeted tloonn¢, painted walls, and additional heating and A/C diffusers and returns. • Total time and material cost: $9,500.00 e $2500.00 deposit due before any work is to be started. • $7000.00 balance to be paid on or before March 150i 2004 V Monies are non-refundable e Any changes should be noted to both parties and signed by both parties. MGS srl 3 r ? ?w?l..Jtics STRICKLAND BROTHERS CONSTRUCTI Quality built ano,dable Noma. Malt A Jeff Strickland ///?'? ,J4 aulldara7ownara A 21 [)reek RO C0111114pA 17013 '1'-?JeH s mobile# 726-4781 3?17/04 INVOICE For: Tim and Nancy Snyder 629 Creek Road Carlisle, PA 17013 Time and materials to construct and install (4) four solid pine 3' x 5' bookshelves in basement and trim out with casement trim. Each bookshelf has four adjustable shelves. Staining and varnishing to be finished by homeowner. $750.00 Please make check payable to Jeff Strickland. Thank you. -- 6.3/18/2001 12:27 FAS 717 245 2255 RF,)lAS STERLItiG ASSOC. Z 6o1 a2/'0? (Parch i6, 2004 STRICKLAND BROTHERS CONSTRUCTION CARPET UPGRADE FOR TIMOTHY AND NANCY SNYDER AT 629 CREEK ROAD, CARLISLE, PA 17013 BUILDER ALLOWANCE: 95.33 yards of Shaw "Best Bet 1" in living room, hall, master bedroom, closet, and steps to basement @ $17.50; yd $1,668.28. UPGRADE TO: 95.33 yards of Shaw "Chromatic Dried Leaf" in living roorn, ha!I, master bedroom, closet, and steps to basement @ $28.00/yd $2,669.24. DIFFERENCE OF $1,000.96. BUILDER ALLOWANCE: 102 yards of Shaw "Best Set 1" in basement @ $17.50/yd = $1,785.00. UPGRADE TO: 102 yards of Shaw "Chrcmatic Paradise Blue" in basement @ $28.00/yd = $2,856.00 DIFFERENCE OF $1,071.00. BALANCE OF $2.071.96 DUE AT CLOSING MADE PAYABLE TO STRICKLAND BROTHERS CONSTRUCTION. .11. w E,," I 1I,c. ACCOUNT CATEGORY: ? PRIMARY CHECKING G SECONDARY CHECKING ? MCNEY MARKET CHECKING LINE OF CREDIT ? OTHER TAX DEDUCTIBLE ITEM - BAL. FORD ITEM ?- - AMOUNT i x t¦ For added security, personal information no longer appears on this copy. BALANCE DEPOSIT FOP'D 11 31 11111 11111111 I 1 IBM NON NEGOTIABLE Cs 20% post-consumer material i AGREEMENT This agreement is made this 16`'' day of April, ?004, by and between TIMOTHY" A. SNYDER and NANCY J. SNA'DER, hereinafter known as the BUYERS, and STRICKLAND BROTHERS CONSTRUCTION, hereinafter known as the SELLER. The Parties herein, intending to be legaily bound, hereby declare, promise and agree as follows: (1) SELLER has conveyed to BUYERS the property situate at 629 Creek Road, Carlisle, North Middleton Township Cumberland County, Pennsylvania. (2) The following items are to be done in a reasonable and good workmanlike manner by SELLER, to wit: On orbefore July') 1, 2004, SELLER shall have the ridge of fill that remains on the above-referenced GjS property removed. It is understood and agreed by BUYER that SELLER has arranged with a third party to have said fill removed for which SELLER would receive proceeds from the sale of said fill x PUS _ and weather conditions have delayed said fill's removal. If said fill is not removed by July 31, 2004, SELLER agrees to remove said fill at SELLER'S expense within fifteen (13) days. AAA, 411 7- r<n.....r; S?G?x r/'?/J/+??1, Src.L «n.C fr'?•?'• (3) This agreement shall be binding upon the parties hereto, their heirs, successors and assigns. N WITNESS WHEREOF, the parties hereto set their hands and seals the day and year above written. WITNESS: / Ae Strickland Brothers Constriction Timothy A Snyder NaAcy J. Sry FLsr Fdlda, Fiim ana J-Ell.uc'MlllcI 'u- 31)" 13 ?grrnirptl CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: BRIAN C. CAFFREY, ESQUIRE SAIDIS, SHUFF, FLOWER & LINDSAY 26 WEST HIGH STREET CARLISLE, PA 17013 THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: February 7, 2005 IRWIN & McKNIGHT ti Douglas . Mill r, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 \S 'C . ? ??'? 4'^' Timothy A. Snyder and Nancy J. Snyder, Husband and Wife, Plaintiffs V. In the Court of Common Pleas of Cumberland County, Pennsylvania Docket No. 2004 - 3754 Civil Tenn Strickland Brothers Construction, A Pennsylvania General Partnership. Strickland Brothers Construction, L.L.C., Jeffrey M. Strickland and Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, Defendants To the Prothonotary: Civil Action - Equity AND NOW, please withdraw my appearance on behalf of the Defendants, STRICKLAND BROTHERS CONSTRUCTION, STRICKLAND BROTHERS CONSTRUCTION, L.L.C., JEFFREY M. STRICKLAND, MATTHEW G. STRICKLAND AND KATHY M. STRICKLAND, in the above-captioned matter. Respectfully submitted, Saidis, Shuff, Flower & Lindsay SAIDIS SHUFF, FLOWER & LINDSAY en w. rngn mreer Carlisle, PA Date: 2 (6-- 0 By: ian C. Caffrey, Esquire Supreme Ct. ID #42667 26 West High Street Carlisle, PA 17013 Phone: (717) 243-6222 Fax: (71'7) 243.6510 1 Timothy A. Snyder and Nancy J. Snyder, Husband and Wife, Plaintiffs vi. In the Court of Common Pleas of Cumberland County, Pennsylvania Docket No. 2004 - 3754 Civil Term Strickland Brothers Construction, A Pennsylvania General Partnership. : Civil Action - Equity Strickland Brothers Construction, L.L.C., Jeffrey M. Strickland and Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, Defendants On this f 5 day of F bruarv, 2495 I, Adele, 4 Group, hereby certify that I served a true and correct copy of the foregoing PRAECIPE To NV[THDRAw APPEARANCE via United States Mail, first-class, postage prepaid addressed as follows: Douglas G. Miller, Esquire IRWIN & MCKNIGHT 60 West Pomfret Street Carlisle, PA 17013 Thomas E. Brenner, Esquire Goldberg Katzman, pc PO Box 1268 Harrisburg, PA 17108-1268 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 26 W. High Street Carlisle, PA Saidis, Shuff, Flower & Lindsay Adele H. Group Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY NOTICE TO PLEAD TO: Timothy and Nancy Snyder c/o Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GOLDBERG KATZMAN, P.C. By ?/M Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Date: March 15, 2005 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C., who state: 1. Admitted. 2. Denied in part. The address of the entities are 690 Creek Road, Carlisle, Pennsylvania. 3. Denied in part. Jeff Strickland resides at 102 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 4. Admitted. 5. Admitted. 6. Denied. Strickland Brothers Construction is operated by Defendants Jeffrey and Matthew Strickland. Kathy Strickland has no role in Strickland Brothers Construction. 7. Admitted. 8. Admitted with clarification. The agreement refers to "SBC." 9. Denied in part. The home was constructed by Jeffrey and Matthew Strickland, trading as Strickland Brothers Construction. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in the construction of the home. 10. Admitted. 11. Denied in part. The allowance sheet was provided by Defendant Strickland Brothers Construction and not Defendants Strickland Brothers, LLC or Kathy Strickland. 12. Denied in part. Defendants Strickland Brothers, I.LC and Kathy Strickland were not involved in the work in the basement. 13. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the basement project. 14. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the bookshelves project. 2 15. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in this work. 16. Denied in part. Defendants Kathy Strickland and Strickland Brothers, LLC had no role in the installation of the well. 17. Denied. Defendants Kathy Strickland and Strickland Brothers, LLC had no involvement in the settlement on this property. (a) Denied. Defendants Matt and Jeffery Strickland never made this representation. (b) Denied. Defendants Matt and Jeffery Strickland never made this representation. (c) Denied. Defendants Matt and Jeffery Strickland never made this representation. (d) Denied. Defendants Matt and Jeffery Strickland never made this representation. 18. Admitted. 19. Admitted with clarification. Work on the front and the side yards of the property had been graded. The back yard was to be done. 20. Admitted with clarification. The document identifying the parties to the agreement speaks for itself. 21. Admitted. 3 COUNTI BREACH OF CONTRACTS & WARRANTIES 22. The answers to paragraphs 1 through 21 are incorporated herein by reference. 23. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). Proof is demanded. 24. Denied. Defendants Jeffrey Strickland and Matthew Strickland were contacted by the Plaintiffs but they believe the date was later than April 20, 2004. Defendants Jeffrey and Matthew Strickland were never advised of a foundation wall crack. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 25. Denied. It is denied that Jeffrey Strickland was informed by Plaintiffs of a basement wall crack. 26. Admitted with clarification. Defendants Jeffrey and Matthew Strickland were advised that the sump pump was running a lot. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 27. Denied. Defendants Jeffrey and Matthew Strickland discussed possibly raising the sump pump if it was running too much. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 28. Admitted. 4 29. Admitted with clarification. Pursuant to discussions with the Plaintiffs, Defendants Jeffrey and Matthew Strickland agreed to come to their home and remove the damaged carpeting and padding from the their basement. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 30. Denied. In further response, Defendant Jeffrey Strickland learned that the Plaintiffs had unplugged the sump pump. There was no promise made to replace the carpeting or recognition of a "flooding problem." 31. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 32. Admitted with clarification. Plaintiffs had acknowledged that they turned off the sump pump, allowing water to enter into their basement. In further response, Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 33. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 34. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 35. Denied. Defendants Jeffrey and Matthew Strickland are not aware of any water infiltration through the basement walls. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 5 36. Denied. Defendant Jeffrey Strickland was unable to come to the Plaintiffs' home because of a prior commitment and Matthew Strickland visited the home to meet the Plaintiffs. 37. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 38. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 39. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 40. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 41. Denied as stated. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in the construction of this home. It is specifically denied that the work was of a poor, improper and unworkmanlike manner. (a)-(d) Denied. These paragraphs axe denied pursuant to Pa.R. C.P. 1029(e). (e) Admitted. It is admitted that the doors did not have deadbolts. (f) Denied. Plaintiffs were provided the name of the painter to contact to schedule touch-up. Billings for work performed by the painter requested by the Plaintiffs have not been paid to the painter. (g) Denied. This paragraph is denied pursuant toPa.R.C.P. 1029(e). (h) This paragraph has been deleted by stipulation of the parties. 6 42. Denied. Defendants Jeffrey and Matthew Strickland have not been permitted access to the property. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 43. Denied. Defendants Jeffrey and Matthew Strickland never promised to replace carpeting and padding. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 44. Admitted with clarification. Defendants Jeffrey and Matthew Strickland have denied liability for defects or damage. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 45. Denied. Defendants Jeffrey and Matthew Strickland have offered to make modifications at the Plaintiffs' home and have been denied access. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 46. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, the remaining Defendants did not warrant to provide a basement free of water leakage. 47. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 7 48. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland are not parties to this contract. It is denied that the contract was performed in a deficient, defective, flawed or unworkmanlike manner. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 49. Denied. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in this matter. It is denied that Defendants Jeffrey and Matthew Strickland have breached any warranty. Defendants Jeffrey and Matthew Strickland have offered to come to the Plaintiffs' home and have been denied access. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e) and proof thereof is demanded. 50. Denied. This paragraph is denied pursuant to Pa. R. C.P. 1029(e) and proof is demanded. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. WHEREFORE, Defendants request that Count I of the Plaintiffs' Amended Complaint be dismissed, with prejudice. COUNT II RESCISSION 51. The answers to paragraphs 1 through 50 are incorporated herein by reference. 8 52. Denied as stated. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The Defendants advised that the sump pump was connected to an exterior drainage system. 53. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. Defendants made no representation that Plaintiffs would have a "dry basement." 54. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. There were no defects in the construction. 55. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be leveled to the southern boundary. 56. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land that was anticipated. 57. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land. 58. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the plan as to fill removal, grading and seeding. 9 59. Denied. This paragraph states a legal conclusion to which no response is necessary. 60. Denied in part. Defendants Jeffrey and Matthew Strickland have no knowledge as to "custom window treatments" claimed by the Plaintiffs. 61. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. WHEREFORE, Defendants request that Count II of the Plaintiffs' Amended Complaint be dismissed, with prejudice. COUNT III VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 62. The answers to paragraphs 1 through 61 are incorporated herein by reference. 63. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, Defendants Jeffrey and Matthew Strickland did not warrant or assure that the basement would be free from water leakage. 64. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be level to the southern boundary. 65. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 10 66. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 67. Admitted. I t is admitted that an agreement was entered into as set forth in Exhibit "F" 68. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 69. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland had any role in this matter. In further response, the paragraph states a legal conclusion to which no response is necessary. 70. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland had any role in this matter. In further response, it is denied that there were any violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. In further response, the paragraph states a legal conclusion to which no response is necessary. 71. Denied. The paragraph states a legal conclusion to which no response is necessary. 72. Denied. The paragraph states a legal conclusion to which no response is necessary. 73. Denied. The paragraph states a legal conclusion to which no response is necessary. 11 WHEREFORE, Defendants request that Count III of Plaintiffs' Amended Complaint be dismissed, with prejudice. NEW MATTER 74. Defendant Strickland Brothers, LLC had no role in this matter, it was not formed until after the house was built. 75. Defendant Kathy Strickland had no role in this matter. She is not an employee in the construction business. 76. Plaintiffs' alleged damages arose from their comparative negligence under the circumstances. 77. Plaintiffs' alleged damages arose from their assumption of the risk under the circumstances. 78. Plaintiffs have denied the Defendants access to the property to modify the drain system. 79. Plaintiffs have failed to mitigate their alleged losses. WHEREFORE, Defendants request that the Plaintiffs' Amended Complaint be dismissed, with prejudice. 12 GOLDBERG KATZMAN, P.C. By: I ? 6e? zbIg Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: March 15, 2005 13 VERIFICATION I, /LICl.4? hereby acknowledge that I am an authorized representative of Strickland Brothers Construction; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. STRICKLAND BROTHERS CONSTRUCTION By: Date: 3/p/s 105036.1 VERIFICATION I, 1V J1%21,e!VWZCXLA4 , hereby acknowledge that I am an authorized representative of Strickland Brothers Construction, LLC; that I have read the foregoing document and that the facts stated therein ate true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 19 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. STRICKLAND BROTHERS CONSTRUCTION, LLC Date: 31/16 105036.1 VERIFICATION I, Jeffrey Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Jeffrey 17 an Date: 3/p/s VERIFICATION I, Matthew Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsificAtion to authorities. y Matthew Strickland Date: 3(' VERIFICATION I, Kathy Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. L- A-aJ, Ka y 'Strickland ???? Date:. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. By: Angela A. R +k, Legal Secretary Date: March 15, 2005 119113.1 TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. .No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY PLAINTIFF'S ANSWER TO DEFENDANTS NEW MATTER rr ?-?fi-_ AND NOW, this day of January, 2006, comes the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight, and makes the following Answer to the New Matter filed by Defendants, averring as follows: 74. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seventy-four (74) so they are specifically denied and strict proof thereof is demanded at trial. 75. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seventy-five (75) so they are specifically denied and strict proof thereof is demanded at trial. 76. The averments contained in paragraph seventy-six (76) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specificatty denied and strict proof thereof is demanded at trial. 77. The averments contained in paragraph seventy-seven (77) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 78. The averments in paragraph seventy-eight (78) are denied as stated. By way of further answer, Defendants were given several opportunities to remedy and fix the drainage and flooding problems experienced by Plaintiffs. Defendants initially admitted that they were responsible for fixing the drainage and flooding problems, and then subsequently refused to perform any reasonable repairs or replace any of the Plaintiffs' damaged property. The remaining averments of paragraph seventy-eight (78) are specifically denied and strict proof thereof is demanded at trial. 79. The averments contained in paragraph seventy-nine (79) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and ?,ward Plaintiffs the relief requested in their Complaint. Date: January, 2006 Respectfully Submitted, IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs 2 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. A A ?/;- TIMOYDPR MAN ti J. SN t Date: / (?_ CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: January 18, 2006 IRWIN & McKNIGHT Mt7!// Dough G. Millle??rr,, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 -, ? , c--> ? -?? .?, - , ,_, - ?: TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY PLAINTIFFS' MOTION FOR LEAVE TO AMEND AMENDED COMPLAINT TO ADD A COUNT OF NEGLIGENCE AND NOW, come the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight and files the following Motion for Leave to Amend Amended Complaint to Add a Count of Negligence, and in support thereof aver as follows: 1. On or about July 30, 2004, Plaintiffs filed a Writ of Summons, initiating this action against Defendants. 2. On or about December 29, 2004, Plaintiffs filed a Complaint alleging breach of contract and warranties, rescission, and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, for damages arising out of the construction of a residential home for Plaintiffs. 3. In response to Preliminary Objections filed on behalf of Defendants, an Amended Complaint was filed on or about February 7, 2005. 4. Defendants filed an Answer with New Matter to the Amended Complaint on or about March 15, 2005. 5. The Amended Complaint alleges that various misrepresentations were made by Defendants with regard to the completion of the residential home constructed by Defendants. 6. The Amended Complaint also alleges that several occasions of water infiltration have occurred in several basement areas causing flooding and water damage to Plaintiffs' structure and personal property. 7. Since the filing of the Amended Complaint, Plaintiffs have had additional expert witnesses view their property and residence, including agents for Defendants. 8. Plaintiffs are in fact waiting on the completion of an expert report by an engineer who viewed their home and property. 9. Since the filing of the Amended Complaint, Plaintiffs have also spoken and met with officials from North Middleton Township, who have advised that, in addition to the possibility of other problems, the property is not graded in accordance with construction codes and requirements in existence at the time the residence was built. 10. By this Motion, Plaintiffs respectfully request leave of this Honorable Court to file a Second Amended Complaint against Defendants adding a new count for negligence in the construction and grading of the Plaintiffs' residence and property. A copy of the proposed additional count for negligence to be added in Plaintiffs' Second Amended Complaint is attached hereto as Exhibit "A." 11. Plaintiffs have acted promptly upon discovering this information, and Plaintiffs's Motion is being filed within the applicable statute of limitations governing negligence. 12. Defendants will not be prejudiced by the amendment at this juncture because discovery has not been completed and the case is not yet ready for trial. 2 WHEREFORE, Plaintiffs Timothy J. Snyder and Nancy A. Snyder, by their undersigned counsel, respectfully request an Order granting leave to amend the Amended Complaint to add a count for negligence against Defendants. Respectfully submitted, IRWIN & MCKNIGHT Dated: April 17, 2006 ? A Douglas G iller, Esquire Supreme Court ID Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs 3 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. f7 TIMOT Y A. SNY ER NA CY J. S <i Date: April 17, 2006 EXHIBIT f°A" COUNT IV - NEGLIGENCE 80. The averments of fact alleged in items one (1) through seventy-three (73) of the Amended Complaint are made a part hereof and incorporated herein by reference. 81. Defendants owed a duty to Plaintiffs to construct their residence in a good and workmanlike manner, in accordance with applicable industry standards and government codes and regulations. 82. Defendants breached their duties to Plaintiffs by failing to construct the Plaintiffs' residence in a good and workmanlike manner. 83. Defendants did not grade the Plaintiff's property in accordance with industry standards and applicable government codes and regulations. 84. Upon information and belief, Defendants did not construct a proper interior and exterior drainage system in and about Plaintiffs' residence in accordance with industry standards. 85. Defendants failures are causing water infiltration and flooding into Plaintiffs' residence, damaging their home and personal property. 86. Plaintiffs damages include but are not limited to excavation, construction and repair of drainage systems, mold remediation, and repair and replacement of their personal property and household fixtures. 87. As a direct result of Defendants' negligent construction, Plaintiffs have or will incur damages in hiring contractors to correct the negligent grading, construction, and damage to their home and personal property. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no!100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: April 17, 2006 IRWIN & McKNIGHT Douglasp. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 c; _? . ? . ; TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband : CUMBERLAND COUNTY, PENNSYLVANIA and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW : G. STRICKLAND and KATHY M. STRICKLAND, Husband Wife, Defendants CIVIL ACTION-EQUITY NO. 04-3754 CIVIL TERM ORDER OF COURT AND NOW, this 20"' day of April, 2006, upon consideration of Plaintiffs' Motion for Leave To Amend Amended Complaint To Add a Count of Negligence, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Xouglas G. Miller, Esq. West Pomfret Profession Bldg. 60 West Pomfret Street Carlisle, PA 17013 S Attorney for Plaintiffs A K? i _. ? ? _ , . ,. ? -- 0- Thomas E. Brenner, Esq. P.O. Box ]268 Harrisburg, PA 17108-1268 Attorney for Defendants :rc Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 1larrisburg, PA 17108-1268 717-334-4161 Attorncvs for Defcndancs TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. SfRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC, JI?FFREY M. SfRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO FILE A SECOND AMENDED COMPLAINT NND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C., who state: I. Admitted. ? admitted. 3. Admitted. 4. Admitted. 5. Denied. The Amended Complaint is a written document which speaks for itself. 6. Denied. The Amcnded Complaint is a written document which speaks for itself. 7. Denied. After reasonable investigation, the Defendants are without information sufficient to form a belief as to the truth of the averment. 8. Denied. -`After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth of the averment. 9. Denied. After reasonable investigation, Defendants are without information sufficient to form a belief as to the truth of the averment. 10. Denied. Plaintiffs Motion to Amend is a written document which speaks for itself. 11. Denied. Plaintiffs have not acted promptly in this matter. By way of further response, Plaintiffs' proposed additional theory in an Amended Complaint is barred by the "gist of the action doctrine." 12. Denied. Defendant,, Strickland will be prejudiced by the amendment which would add an additional theory of liability. Furthermore, the Defendants' have already had expert witnesses inspect the premises based on Plaintiffs' initial claims, as such, Defendants may have to incur additional expense, hardship, and annoyance to perform additional inspections. WHEREFORE, Defendants respectfully request this Honorable Court deny Plaintiffs' Motion to file a Second Amended Complaint. GOLDBERG KATZMAN, P.C. B lL?,._: nv i - Thomas E. Brenner, Esquire Attorney 1D #32085 P. O. Box 1268 Harrisburg, P,1 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: April 27, 2006 CERTIFICATE OF SERVICE I HEREBY CERTIhY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following Douglas IVtiller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG hATZMAN, P.C. E. Brenner, Esquire Date: April 27, 2006 TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION - EQUITY CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. PRAECIPE TO ATTACH EXHIBITS TO THE PROTHONOTARY: Please attach the following exhibits to the Plaintiffs' Motion For Leave To Amend Amended Complaint To Add A Count Of Negligence which was filed in the above-captioned matter on April 17, 2006. Exhibit "B" - Ritchie Engineering report dated June 19, 2006. Exhibit "C" - Ritchie Engineering report dated June 29, 2006. Respectfully submitted, IRWIN & McKNIGHT By; VtA? A7- V Douglas 49. Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Attorney for Petitioner Date: June 30, 2006 EXHIBIT "B" 00?A4 • itchie ngineenng?. Structural Consulting - Construction Services 72 West Pomfret Street • Carlisle. PA 17013 Ph: 717.243.4555 • Fax: 717.243. 1001 June 19, 2006 Mr. Douglas G. Miller, Esquire Irwin & McKnight Law Offices 60 West Pomfret Street Carlisle, PA 17013 (P) 717-249-2353 (F) 717-243-6354 RE: Snyder v. Strickland Brothers Construction, LLC 629 Creek Road Carlisle, PA 17013 RE Job # 05112 Dear Mr. Miller. Per your request, Ritchie Engineering, P.C. (RE) has completed the investigation of the above referenced project. The purpose of this letter is to present to you the results of that investigation. The investigation performed by RE consisted of on-site inspections performed by representatives of RE. These site visits were performed on the following dates: November 15, 2005 May 2, 2006 May 15, 2006 Specific areas were reviewed during each site visit. A complete review of the residence was not conducted at each site visit. Also, the RE input was mainly limited to the structural / building related items and did not focus specifically on many of the architectural finishes, the mechanical / electrical systems or hazardous material identification. The investigation included a review of the reports and legal correspondence listed as follows: JEM Environmental Mold and Moisture Assessment Report dated June 20, 2005 Water proofing report prepared by Kidd Construction dated June 29, 2004 Copies of pertinent Cumberland County Court documents (received by RE September 26, 2005) John T. Gleim Sltework Proposal dated May 15, 2005 Based on information provided to RE, the subject home is a one-story freestanding dwelling with a full basement. The home is indicated to have been constructed in 2004. RESULTS I RECOMMENDATIONS Based on the information obtained during the on-site inspections, and from a review of the above listed information, RE provides the following comments relative to the above referenced project. For the purposes of this report, RE considers the front door to be facing north. 1.0 SEEDING I LANDSCAPING RE reviewed the condition of the seeding and landscaping at the subject property. From the review performed, RE concludes that it appears that very little topsoil is present for which to provide an adequate root bed for a healthy lawn. The visible soil is predominately shale. RE observed the lawn to be very sparse and to contain many weeds as can be seen in attached Photos #05 and #06. A local excavation contractor, John W. Gleim Jr. Inc. (Gleim), was contacted to determine the approximate costs for removing shale soil from the yard, importing and spreading topsoil, and then reseeding the yard to provide a satisfactory condition. The Gleim estimate determined the total approximate costs for this work to be $21,500. 2.0 SITE GRADING From the information provided, RE has determined that the lot layout for the properties on Creek Road are similar in dimension and that their southern borders align. RE has determined that there are several areas of concern relative to the site grading. RE observed that the front yard (north side) slopes gradually away from the house toward the front street and then abruptly slopes down to the street. See Photo #01 attached. Mr. Snyder indicated that this condition is in direct conflict with the understanding he had with the builder when he signed the c ons#uchon contract RE considers this condition to be unsatisfactory. Although there is some positive drainage away from the front of the house, the homeowner will experience increased difficulty in maintaining the lawn close to the street due to the steep slope in this area. RE observed that the rear yard (south) and side yard (west) have no positive (actually negative) drainage away from the house. See Photos #05 through #08. As a minimum, the grading provided should have complied with the requirements of the building code (1992 CABO One and Two Family Dwelling) which indicates that all grading adjacent to a dwelling shall be sloped a minimum of '% inch per foot for a mi d mam distance of 6-17. The grade shall be directed away from the subject dwelling to minimize the potential for moisture intrusion into the house. Information provided to RE indicated that the rear yard of the subject property was to be leveled so that the subject residence would have a usable rear yard. The homeowners indicated that the intent of their agreement was to have a rear yard similar to their neighbors to the east. Photos #01 through #05 indicate there is a great difference between the configuration of the rear yard of the Snyder residence and the rear yard of the neighbors to the east. Gleim was also contacted to determine the approximate excavation quantities and associated approximate costs required to level the rear yard and regrade to provide adequate drainage. Gleim estimated that approximately 3,700 CY of material would need to be removed. Gleim estimated the approximate costs for this work to be $40,380. 3.0 FOUNDATION DRAINAGE SYSTEM The normal and expected function of a foundation drainage system is to provide for redirection of storm water away from the subject property via gravity flow or pressure flow with drainage at grade. To obtain gravity flow, adequate slope is required for the discharge pipe to insure stormwater will flow away from the subject property and drain via swale or culvert to a stornwater management facility. For pressure flow to occur, a sump pump or similar device is required to insure the drainage has adequate pressure to overcome the difference in elevation from the invert of the sump pit to the elevation of the discharge pipe. From the information provided and from the field observations made, RE has determined that the system installed at the subject property presents an unsatisfactory condition due to the extent of water infiltration which has been experienced at the subject property. Photos and video provided by the homeowner indicate that water from the foundation drainage system was flowing into the sump pit at such a high rate that the sump pump did not have adequate capacity to handle the amount of stornwater. During one site visit, RE reviewed the condition of the downspout that drains the front portion of the roof. RE observed that the downspout is not tied into any foundation drain. From measurements made, RE determined that approximately 12 to 18 inches of pipe extend below grade and that the pipe is not tied into any foundation drainage system. RE has determined that this detail is substandard relative to good construction practice. Due to the extent of the uncertainties with the drainage system, RE recommends that the existing foundation walls be excavated to determine the configuration and functionality of the existing drainage system. Gleim estimated that the excavation and backfill costs to expose the foundation drainage system would be approximately $5,900. This approximate cost estimate excludes all costs associated with a new piping system or any repairs to the existing systems required to provide a satisfactory condition. When the existing foundation walls are exposed, RE further recommends that the condition of the waterproofing membrane be evaluated to determine if additional repairs are required or if the existing waterproofing condition is satisfactory. This approximate cost estimate excludes all costs associated with repairs to the waterproofing membrane to provide a satisfactory condition. 4.0 CRACKED FOUNDATION WALLS During the site investigation, RE observed several areas in the basement where concrete walls had cracked. RE views the cracks as shrinkage cracks except for the crack at the beam pocket. RE concludes that the crack at the beam pocket is a stress crack. See Photo #10 attached. The cracks that are not stress related do not need to be sealed. The subject crack that is stress related shall be epoxy injected. If the homeowner determines this work to be necessary, the estimated construction costs will be a maximum of $1,000. 5.0 CONSTRUCTION COST ESTIMATE As part of the subject report, RE has included infonnation obtained relative to the approximate construction costs for the required repairs to provide satisfactory conditions at the subject residence. RE used several sources to obtain the pertinent cost information for the repair items included as part of this report The primary method used by RE to obtain construction repair costs is to contact specific contractors that perform the work on a daily basis. These contractors provide cost information based on real dollars that they would bid for similar types of projects. RE is of the opinion that these methods yield more accurate construction estimates relative to nationally published cost data. 6.0 CONCLUSIONS The comments made in the report and the legal correspondence indicate that North Middleton Township had not adopted a building code at the time of construction of the subject residence with the implication that this will relieve the builder of any responsibility for the quality of construction. At the time of construction, neighboring municipalities (i.e. The Borough of Carlisle and South Middleton Township) had building codes in place. Thus, contractors were aware of the normal standard of care or normal standard of quality at the time of construction of the subject property. In summary, RE is of the opinion that the Snyders are entitled to the same level of quality and value as that received by the neighboring properties. This letter, including its conclusions and recommendations, is made within a reasonable degree of our professional certainty. We trust this letter fulfills your requirements of us at this time. If you have any questions, comments or require any additional information, please do not hesitate to contact our office. Respectfully, Ritchie Engineerjn , P.C. Mark C. Ritchie, P.E. x?° President Ritchie Engineering. P.C. Photo #01 Photo #02 Page 1 Ritchie Engineerng. P.C. Photo #03 Photo #04 Page 2 Ritchie Engineering. P.C. Photo #05 Photo #06 Page 3 Ritchie Engineering. P.C, Photo #07 Photo #08 Page 4 Ritchie Engineering. P.C Photo #09 Photo #10 Page 5 EXHIBIT "C" chie . '' A fng1neenngC. Structural Consulting -Construction Services 72 West Pomfret Street -Carlisle, PA 17013 Ph: 717.243.9555 • Fax: 717.243.1001 June 29, 2006 Mr. Douglas G. Miller, Esquire Irwin & McKnight Law Offices 60 West Pomfret Street Carlisle, PA 17013 (P) 717-249-2353 (F) 717-243-6354 RE: Snyder v. Strickland Brothers Construction, LLC 629 Creek Road Carlisle, PA 17013 RE Job # 05112 Dear Mr. Miller As requested, a representative from Ritchie Engineering, P.C. (RE) visited the above referenced address on Tuesday, June 27, 2006. The purpose of this letter is to present you with the findings from this visit. RE was contacted at approximately 5:30 pm and arrived at the site at approximately 7:45 pm on June 27, 2006. During the review of the exterior, RE observed standing water on all sides of the house. The attached Photos 01 through 07 depict the subject conditions. The homeowner indicated the water levels on the exterior had decreased by 2-3 inches from the time RE was contacted until RE arrived at the site. The debris visible on the foundation (See Photo 01) is an indication of where the water levels had been. RE observed (See Photo 03) surface water flowing from the neighboring yard (to the west) toward the rear yard of the subject residence. The amount of water that flowed was sufficient enough to cause erosion of the soil above the shale layer. RE observed a significant area of shale visible with no soil present. The homeowner indicated that the water had reached an elevation in the rear yard high enough to overflow the window well in the rear of the house (See Photo 05). At the time of the RE site visit, the water level in the rear yard had decreased to a few inches below the top of the window well. At the time of the RE site visit, the sump pump located in the basement was cycling every 8-9 seconds (See Photos 08). RE has researched the capacity of a standard 'r4 HP sump pump and found that the capacity of the pumps is approximately 3,700 Gallons per Hour or roughly 60 Gallons per Minute. Thus, from the time RE was contacted until the time RE arrived on site, the sump pump had removed approximately 7,000-8,000 gallons of water from the basement. Photos 09 and 010 indicate the level of water that had been in the basement. The water marks on the inside face of concrete foundation wall confirm information provided by the homeowner that 7.5 inches of water was present in the basement prior to RE arriving on site. Photo 010 also shows that water was infiltrating the basement through cracks in the basement walls. RE observed that there was a significant amount of water entering the sump pit from the exterior foundation drain immediately after the pump cycle ended. RE views this as irrefutable evidence that the function of the entire foundation drainage system is in question. The system would function better if the discharge from the sump pump were directed to drain onto grade in lieu of draining below grade. The layout of the foundation drainage system can not be confirmed without excavating along the sides of the house to uncover the existing system. RE is of the opinion that the items observed at the site on June 27, 2006 represent additional evidence that the deficiencies listed in the RE report dated June 19, 2006 are valid. The repairs requested by the homeowners will enable them to obtain the functional living space they thought they purchased. We trust this letter fulfills your requirements of us at this time. If you have any questions, comments or require any additional information, please do not hesitate to contact our office. Respectfully, Ritchie Engineering, P.C. `?i i Mark C. Ritchie, P.E. President Enclosure Ritchie Engineering, P.C. Photo 01 Photo 02 Page 1 Ritchie Engineering, P.C. Photo 03 Photo 04 Page 2 Ritchie Engineering, P.C. Photo 06 Photo 06 Page 3 Ritchie Engineering, P.C. Photo 07 Photo 08 Page 4 Ritchie Engineering, P.C. Photo 09 Photo 10 Page 5 TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, hereby certify that a copy of attached Praecipe was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 IRWIN & McKNIGHT t DouglasoG. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. No. 2004 - 3754 CIVIL TERM CIVIL ACTION NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. SECOND AMENDED COMPLAINT AND NOW COMES the Plaintiffs, Timothy A. and Nancy J. Snyder by and through their attorneys, Irwin & McKnight, to make the following Second Amended Complaint and in support thereof aver as follows: 1. The Plaintiffs, Timothy A. and Nancy J. Snyder, are adult individuals who principally reside at 629 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Strickland Brothers Construction is a Pennsylvania partnership and Defendant Strickland Brothers Construction, LLC, is a Pennsylvania limited liability corporation (hereinafter collectively referred to as "Strickland Brothers"), both located at 621 Creek Road, Carlisle, Cumberland County, Pennsylvania, and duly formed and operating under the laws of Pennsylvania. 3. The Defendant Jeffrey M. Strickland is an adult individual with a principal residence of 621 Creek Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendants Matthew G. Strickland and Kathy M. Strickland are adult individuals who principally reside at 467 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2 5. The property which is the subject of this litigation is located at 629 Creek Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania 17013 (hereinafter the "Property"). 6. Upon information and belief, all times relevant herein Strickland Brothers was owned and operated by Defendants Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland. 7. At times relevant hereto, Strickland Brothers held itself out to be in the business of residential construction and sales. 8. On or about March 2, 2004, Plaintiffs signed an Agreement for the Sale of New Construction with Defendant Strickland Brothers Construction for the sale of the Property along with a single-family home to be constructed thereon. A true and correct copy of the signed Agreement is attached hereto and incorporated herein as Exhibit "A." 9. The home is a one story wood frame structure with full basement composed of poured concrete walls and slab on a partially graded site, and was constructed by Defendants on the property in 2004. 10. In accordance with Exhibit "A," the purchase price of the Property with improvements was to be One Hundred Eighty-five Thousand Nine Hundred and no/100 ($185,900.00) Dollars. 11. Plaintiffs were provided by Defendants with the written allowances and standards to be utilized in the construction of their home. A true and correct copy of the allowances and standards of Defendant Strickland Brothers Construction are attached hereto and incorporated herein as Exhibit "B." 3 12. As part of the construction, Defendants finished approximately 1200 square feet of the home's basement, including but not limited to the installation of drywall, carpeting, a drop ceiling, and a gas fireplace. A true and correct copy of the finished basement proposal dated March 5, 2004, is attached hereto and incorporated herein as Exhibit "C." 13. As provided on Exhibit "C," the total time and material cost for finishing the Plaintiffs' basement was $9,500.00, which amount was paid to Defendants. 14. Defendants also constructed and installed four (4) solid pine bookshelves in the finished basement at an additional expense of $750.00. A true and correct copy of the invoice for the bookshelves dated March 19, 2004, is attached hereto and incorporated herein as Exhibit «D 15. Plaintiffs also purchased a carpet upgrade for their home, including upgraded carpet in their finished basement, for an additional payment to Defendants of $2,071.96. A true and correct copy of the invoice dated March 16, 2004, and the carbon copy of Plaintiffs' check to Defendant Jeffrey M. Strickland, as requested by him, in the amount of $2,071.96 are attached hereto and incorporated herein as Exhibit "E." 16. Defendants, by and through their agents or subcontractors, also installed a private well for the service of water to the home on the Property. 17. Prior to settlement on the purchase of the Property, Defendants made certain representations and provided certain assurances to Plaintiffs, including but not limited to the following: a. The yard at the rear of the Property was to be level from the house to the southern boundary of the property; b. The hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property; 4 C. The front yard of the Property was to be graded and "rolled down" to the existing road surface of Creek Road; and d. The basement of the Property was to remain dry, allowing Defendants to finish and complete the majority of the basement as living space. 18. On or about April 15, 2004, settlement on the sale of the Property was held whereby ownership was transferred to Plaintiffs. 19. At that time, removal of the excess fill, grading and seeding of the Property had not yet been completed. 20. The parties executed an Agreement providing that the fill removal, grading and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. A true and correct copy of said Agreement is attached hereto and incorporated herein as Exhibit «F „ 21. As part of the purchase of the Property, Plaintiffs borrowed the principal sum of One Hundred Thirty Thousand and no/100 ($130,000.00) Dollars from Gateway Funding Diversified Mortgage Services, L.P. COUNT I - BREACH OF CONTRACTS & WARRANTIES 22. The averments of fact alleged in items one (1) through twenty-one (21) of this Complaint are made a part hereof and incorporated herein by reference. 23. Plaintiffs' home now has severe structural problems, drainage problems and water infiltration defects. 24. On or about April 20, 2004, Plaintiffs contacted Defendants to advise that muddy water was entering the sump pit through the pipe that had been represented as a drain, and that a diagonal crack had appeared in the foundation wall near the sump pit. 5 25. Defendant Jeffrey M. Strickland informed Plaintiffs during that telephone call that the crack was nothing to be concerned about, and that as long as the sump pump was removing the water there was no reason to worry. 26. At the end of April 2004 and beginning of May 2004, Plaintiffs contacted Defendants on several additional occasions to advise that the sump pump was running continuously. 27. Plaintiffs were advised by Defendants that the pump may have to be raised or adjusted and promised to fix the problem. 28. On or about May 14, 2004, water infiltrated into the Plaintiffs' basement saturating the padding and carpeting of their finished basement. 29. The following day Defendants, or their employees or agents, removed the destroyed carpeting and padding from Plaintiffs' home, and piled them in the back yard of the Property. 30. Defendant Jeffrey M. Strickland promised to correct the flooding problem and replace the destroyed carpeting. 31. On or about May 19, 2004, Defendants told Plaintiffs that they finally had an agreement to remove the ridge and excess fill in their backyard. 32. On or about June 1, 2004, several weeks after the first flooding problem, Defendants refused to replace the destroyed carpeting, stating that the Plaintiffs were the cause of the water infiltration. 33. Defendants did state at that time, however, that work on the removal of the ridge and the grading would being after Father's Day, June 20, 2004. 6 34. On or about June 12, 2004, Plaintiffs discovered that water had again infiltrated their home and that approximately seven (7) inches of water was covering the entire portion of their basement. 35. Water infiltrated the basement both through the sump pit and through cracks in the concrete basement walls. 36. Defendant Jeffrey M. Strickland refused to return to the Property, but the flooding and additional damage was observed by Defendant Matthew G. Strickland. 37. Plaintiffs have since had additional instances of flooding and water infiltration in their basement, as well as many instances of near flooding. 38. As a direct result of the flooding and water infiltration, much of Plaintiffs' personal property has been damaged or destroyed and there is visible and extensive mold growth present on the basement walls. 39. Plaintiffs are no longer able to utilize the basement for its intended purposes because of the presence of the mold, the absence of carpeting or padding, and the likelihood of continued flooding and water infiltration. 40. Plaintiffs have also experienced respiratory and other health problems which, upon information and belief, are being caused or amplified by the presence of the mold in their basement. 41. Defendants have performed in a poor, improper, and unworkmanlike manner certain work which were either expressly or by necessary implication required by the agreements of the parties to be performed in a proper and workmanlike manner, including but not limited to the following: a. Improper design, installation and construction of the interior and exterior drainage systems, including sump pit and pump; 7 b. Improper design, grading and construction of the fill on the Property; C. Improper design, installation and construction of the concrete walls of the home, which now have visible cracking and movement; d. Improper design and installation of the water well on the Property, resulting in visible, constant leakage and drainage from well cap in the front yard; e. Absence of deadbolt locks on entry doors; f. Failure to complete and perform promised touch up painting and corrective work to the drywall because of cracking; g. Failure to discover, correct and timely repair the deficient workmanship; and h. Other related defects due to Defendants' failure to exercise due care and perform their work in a reasonable and workmanlike manner. 42. Plaintiffs have attempted on several occasions to remedy the construction defects by asking the Defendants to make the necessary repairs and perform the required work. 43. Defendants initially agreed to make certain repairs and replace certain damaged property, including carpeting and padding. 44. Defendants now deny any liability for the aforementioned defects and damage and claim that the structural and drainage problems are not defects but rather problems which are well within acceptable construction standards. 45. Defendants have failed and refused, and continue to refuse, to correct the above- referenced breaches, despite the repeated requests and demands by Plaintiffs. 46. Defendants warranted to provide a basement free from water leakage, and expressly and through implication warranted that their construction and work would provide Plaintiffs with a finished, usable basement. 47. Defendants breached their contracts and warranties by not performing their work in a proper and workmanlike manner, by not installing the proper systems necessary to ensure a dry basement, and by not correcting their defective workmanship as promised. 8 48. By performing the respective contracts in a deficient, defective, flawed and unworkmanlike manner as described herein, Defendants breached their express and implied warranties that work to be performed and materials to be provided would be of first-class quality, free from defects in material and workmanship, and in compliance with the contracts and Defendants' promises and assurances. 49. As a result of Defendants' breach and refusal to correct and replace the defective workmanship, Plaintiffs will be forced to hire another contractor to replace the defective work and systems installed by Defendants. 50. The estimated cost just to correct the Defendants' defective workmanship with regard to the basement and exterior drainage systems is between $18,000.00 and $22,000.00. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT II - RESCISSION 51. The averments of fact alleged in items one (1) through fifty (50) of this Complaint are made a part hereof and incorporated herein by reference. 52. Prior to settlement on the Property, Defendants represented to Plaintiffs that the interior basement waterproofing system was protected by piping connecting the sump pit to an exterior system in the event of overflow. 9 53. Defendants represented to Plaintiffs that they would have a dry basement, and in fact Defendants finished the majority of the basement to create additional living space for Plaintiffs. 54. Plaintiffs do not have a dry basement, nor usable living space there, and despite repeated promises to correct the defects, Defendants now deny responsibility for the flooding. 55. Defendants misrepresented that the yard at the rear of the Property was to be level from the house to the southern boundary of the property. 56. Defendants misrepresented that the hill at the rear of the Property would be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property. 57. Defendants misrepresented that the front yard of the Property would be graded and "rolled down" to the existing road surface of Creek Road. 58. Defendants misrepresented that the fill removal, final grading, and seeding were to be completed after settlement, namely on or before July 31, 2004, or within fifteen (15) days thereafter in accordance with the Agreement executed by the parties and attached as Exhibit "F." 59. The material misrepresentations and defects are so extensive as to provide the Plaintiffs with the remedy of seeking complete rescission of the contract for the purchase of the Property. 60. In conjunction with the purchase of the Property and the home constructed thereon, the Plaintiffs have incurred the following costs: Purchase price of the Property $185,900.00 Closing costs 5,102.30 Finished basement 9,500.00 Solid pine bookshelves in basement 750.00 Carpet upgrade 2,071.96 10 Custom window treatments installed 1,567.92 TOTAL $204,892.18 61. The Plaintiffs seek reimbursement of the above-referenced expenses in return for which Plaintiffs will reconvey said property to the Defendants. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of Two Hundred Four Thousand Eight Hundred Ninety-two and 18/100 ($204,892.18) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper COUNT III - VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 62. The averments of fact alleged in items one (1) through sixty-one (61) of this Complaint are made a part hereof and incorporated herein by reference. 63. Plaintiffs relied upon the assurances by Defendants that their basement would be dry and free from water leakage and usable as living space, and that the damages resulting from the flooding would be corrected by Defendants. 64. Plaintiffs further relied upon representations by Defendants that the yard at the rear of the Property was to be level from the house to the southern boundary of the property. 65. Plaintiffs further relied upon representations by Defendants that the hill at the rear of the Property was to be removed and leveled to provide a view of the neighboring farm fields and creek to the south and east of the Property. 11 66. Plaintiffs further relied upon representations by Defendants that the front yard of the Property was to be graded and "rolled down" to the existing road surface of Creek Road. 67. Plaintiffs further relied upon the Agreement executed by the parties and attached as Exhibit "F" providing that the fill removal, final grading, and seeding were to be completed on or before July 31, 2004, or within fifteen (15) days thereafter. 68. The fill removal and grading was to include the leveling of the rear yard to the property line and rolling down the front yard to the existing road surface of Creek Road. 69. Plaintiffs relied upon the promises, assertions, and representations of Defendants as an inducement to purchase the Property and the home constructed by the Defendants. 70. The misrepresentations by Defendants are in direct violation of §§ 201-2(4)(vii), 201-2(4)(xiv), 201-2(4)(xvi), and 201-2(4)(xxi) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 71. Under § 201-9.2(a) of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, "[t]he court may, in its discretion, award up to three times the actual damages sustained [...]." 72. Furthermore, the court "may provide such additional relief as it deems just and proper." § 201-9.2(a). 73. Also under § 201-9.2(a), "[t]he court may award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and 12 no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. COUNT IV - NEGLIGENCE 80. The averments of fact alleged in items one (1) through seventy-three (73) of this Amended Complaint are made a part hereof and incorporated herein by reference. 81. Defendants owed a duty to Plaintiffs to construct their residence in a good and workmanlike manner, in accordance with applicable industry standards and government codes and regulations. 82. Defendants breached their duties to Plaintiffs by failing to construct the Plaintiffs' residence in a good and workmanlike manner. 83. Defendants did not grade the Plaintiff's property in accordance with industry standards and applicable government codes and regulations. 84. Upon information and belief, Defendants did not construct a proper interior and exterior drainage system in and about Plaintiffs' residence in accordance with industry standards. 85. Defendants failures are causing water infiltration and flooding into Plaintiffs' residence, damaging their home and personal property. 86. Plaintiffs damages include but are not limited to excavation, construction and repair of drainage systems, mold remediation, and repair and replacement of their personal property and household fixtures. 13 87. As a direct result of Defendants' negligent construction, Plaintiffs have or will incur damages in hiring contractors to correct the negligent grading, construction, and damage to their home and personal property. WHEREFORE, Plaintiffs respectfully request that this Court award damages against the Defendants in an amount in excess of the arbitration amount of Twenty-Five Thousand and no/100 ($25,000.00) Dollars, together with attorney fees, costs and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. Respectfully submitted, IRWIN & McKNIGHT Dated: September 29, 2006 By: ?, A L Douglas G. iller, Esqu re Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiffs Timothy A. Snyder and Nancy J. Snyder 14 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: September 29, 2006 IRWIN & McKNIGHT r Douglas G. 'ller, squir Supreme Cot I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 C`? C3 c? Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1265 Harrisburg, PA 17105-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLF..AS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY NOTICE TO PLEAD TO: Timothy and Nancy Snyder C/o Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dace: GOLD G KATZMAN, P.C. D By Thomas T. Brenner, Esquire Attoniey I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1265 717-234-4161 Attorneys for Defendants TIMOTHY.A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA : NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania. General Partnership, STRICI LAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants : CIVIL ACTION - EQUITY DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' SECOND AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C., who state: 1. Admitted. 2. Denied in part. The address of the entities are 690 Creek Road, Carlisle, Pennsylvania. 3. Denied in part. Jeff Strickland resides at 102 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 4. Admitted. 5. Admitted. 6. Denied. Strickland Brothers Construction is operated by Defendants Jeffrey and Matthew Strickland. Kathy Strickland has no role in Strickland Brothers Construction. 7. Admitted. 8. Admitted with clarification. The agreement refers to "SBC." 9. Denied in part. The home was constructed. by Jeffrey and Matthew Strickland, trading as Strickland Brothers Construction. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in the construction of the home. 10. Admitted. 11. Denied in part. The allowance sheet was provided by Defendant Strickland Brothers Construction and not Defendants Strickland Brothers, LLC or Kathy Strickland.. 12. Denied. in part. Defendants Strickland Brothers, LLC and Kathy Strickland were not involved in the work in the basement. 13. Denied. in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the basement project. 14. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the bookshelves project. 2 15. Denied in part. Strickland. Brothers, LLC and Kathy Strickland were not involved in this work. 16. Denied in part. Defendants Kathy Strickland and Strickland Brothers, LLC had no role in the installation of the well. 17. Denied. Defendants Kathy Strickland and Strickland Brothers, LLC had no involvement in the settlement on this property. (a) Denied. Defendants Matt and Jeffery Strickland never made this representation. (b) Denied.. Defendants Matt and Jeffery Strickland never made this representation. (c) Denied. Defendants Matt and Jeffery Strickland never made this representation. (d) Denied. Defendants Matt and Jeffery Strickland never made this representation. 18. Admitted. 19. Admitted with clarification. Work on the front and the side yards of the property had been graded. The back yard was to be done. 20. Admitted with clarification. The document identifying the parties to the agreement speaks for itself. 21. Admitted. 3 COUNTI BREACH OF CONTRACTS & WARRANTIES 22. The answers to paragraphs 1 through 21 are incorporated herein by reference. 23. Denied.. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). Proof is demanded. 24. Denied. Defendants Jeffrey Strickland and Matthew Strickland were contacted by the Plaintiffs but they believe the date was later than April 20, 2004. Defendants Jeffrey and Matthew Strickland were never advised of a foundation wall crack. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 25. Denied. It is denied that Jeffrey Strickland was informed by Plaintiffs of a basement wall crack. 26. Admitted with clarification. Defendants Jeffrey and Matthew Strickland were advised that the sump pump was running a lot. Defendants Strickland Brothers, L LC and Kathy Strickland had no involvement with this home. 27. Denied. Defendants Jeffrey and Matthew Strickland discussed possibly raising the sump pump if it was running too much. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 28. Admitted. 4 29. Admitted with clarification. Pursuant to discussions with the Plaintiffs, Defendants Jeffrey and Matthew Strickland agreed to come to their home and remove die damaged carpeting and padding from the their basement. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement witli this home. 30. Denied. In further response, Defendant Jeffrev Strickland learned that the Plaintiffs had unplugged the sump pump. There was no promise made to replace the carpeting or recognition of a "flooding problem." 31. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 32. Admitted with clarification. Plaintiffs had acknowledged that they turned off the sump pump, allowing water to enter into their basement. In further response, Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 33. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 34. Dcnied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 35. Dcnied. Defendants Jeffrey and Matthew Strickland are not aware of any water infiltration through the basement walls. This paragraph is denied pursuant to Pa.R.C.P. 1029(c). 5 36. Denied. Defendant Jeffrey Strickland was unable to come to the Plaintiffs' home because of a prior commitment and Matthew Strickland visited the home to meet the Plaintiffs. 37. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 38. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 39. Denied.. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 40. Denied.. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and. proof is demanded. 41. Denied as stated. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in the construction of this home. It is specifically denied that the work was of a poor, improper and unworkmanlike manner. (a)-(d) Denied. These paragraphs are denied pursuant to Pa.R.C.P. 1029(c). (e) Admitted. It is admitted that the doors did not have deadbolts. (f) Denied. Plaintiffs were provided the name of the painter to contact to schedule touch-up. Billings for work performed by the painter requested by the Plaintiffs have not been paid to the painter. (g) Denied. This paragraph is deified pursuant toPa.R.C.P. 1029(e). 6 (h) This paragraph has been deleted by stipulation of the parties. 42. Denied. Defendants Jeffrey and Matthew Strickland have not been permitted access to the property. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 43. Denied. Defendants Jeffrey and Matthew Strickland never promised to replace; carpeting and padding. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 44. Admitted with clarification. Defendants Jeffrey and Matthew Strickland have denied liability for defects or damage. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 45. Denied. Defendants Jeffrey and Matthew Strickland have offered to make modifications at the Plaintiffs' home and have been denied access. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 46. De-iced. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, the remaining Defendants did. not warrant to provide a basement free of water leakage. 47. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 7 48. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland are not parties to this contract. It is denied that the contract was performed in a deficient, defective, flawed or unworkmanlike manner. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 49. Denied. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in this matter. It is denied that Defendants Jeffrey and Matthew Strickland have breached any warranty. Defendants Jeffrey and Matthew Strickland have offered to come to the Plaintiffs' home and have been denied access. The remainder of the paragraph is deified pursuant to Pa.R.C.P. 1029(e) and proof thereof is demanded. 50. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. Defendants Strickland Brothers, LLC and. Kathy Strickland had. no involvement with this home. WHEREFORE, Defendants request that Count I of the Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT II RESCISSION 51. The answers to paragraphs 1 through 50 are incorporated herein by reference. 52. Denied as stated. . Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The Defendants advised that the sump pump was connected. to an exterior drainage system. 53. Denied. Defendants Strickland Brothers, LLC and. Kathy Strickland had no involvement with this home. Defendants made no representation that Plaintiffs would have a "dry basement." 54. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. There were no defects in the construction. 55. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be leveled to the southern boundary. 56. Denied.. Defendants Strickland Brothers, LLC acid Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land that was anticipated. 57. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land. 58. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the plan as to fill removal, grading and seeding. 9 59. Denied. This paragraph states a legal conclusion to which no response is necessary. 60. Denied in part. Defendants Jeffrey and Matthew Strickland have no knowledge as to "custom window treatments" claimed by the Plaintiffs. 61. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role ill this matter. WHEREFORE, Defendants request that Count II of Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT III VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 62. The answers to paragraphs 1 through 61 are incorporated. herein by reference. 63. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, Defendants Jeffrey and Matthew Strickland did not warrant or assure that the basement would be free from water leakage. 64. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be level to the southern boundary. 65. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 10 66, Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 67. Admitted.. It is admitted that an agreement was entered into as set forth in exhibit "F". 68. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 69. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland had any role in this matter. In further response, the paragraph states a legal conclusion to which no response is necessary. 70. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland. had any role in this matter. In further response, it is denied. that there were any violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. In further response-, the paragraph states a legal conclusion to which no response is necessary. 71. Denied. The paragraph states a legal conclusion to which no response is necessary. 72. Denied.. The paragraph states a legal conclusion to which no response is necessary. 73. Denied. The paragraph states a legal conclusion to which no response is necessary. 11 WHEREFORE, Defendants request that Count III of Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT IV- NEGLIGENCE 80. The answers to paragraphs 1 through 73 are incorporated herein by reference. 81. Dcnied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvcment with this home. The paragraph states a legal conclusion to which no response is necessary. 82. Denied. Defendants Strickland Brothers, LI,C and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. 83. Denied. Defendants Strickland. Brothers, LLC and Kathy Strickland had. no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. By way of further response, this paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 84. Denied.. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 12 85. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had. no involvement with this home. This paragraph denied pursuant to Pa.R.C.P. 1029(c) and proof is demanded. 86. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 87. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. By way of further response, this paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. WHEREFORE, Defendants request that Count IV of Plaintiffs' s Second .:mended Complaint be dismissed, with prejudice. NEW MATTER 88. Defendant Strickland Brothers, LLC had no role in this matter, it was not formed until after the house was built. 89. Defendant Kathy Strickland had no role in this matter. She is not an employee in the construction business. 90. Plaintiffs' alleged damages arose from their comparative negligence under the circumstances. 91. Plaintiffs' alleged damages arose from their assumption of the risk under the circumstances. 13 92. Plaintiffs-have denied the Defendants access to the property to modify the drain system. 93. Plaintiffs have failed to mitigate their alleged losses. WHEREFORE, Defendants request that the Plaintiffs' Second Amended Complaint be dismissed, with prejudice. GOLDBERG KATZMAN, P.C. Y Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: ?O/)40?- 14 VERIFICATION I, 'T'homas E. Brenner, Esquire, hereby acknowledge that I am the attorney for the Defendants; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §,4904, relating to unsworn falsification to authorities. 'T'homas E. Brenner, Esquire Date: October 24, 2006 103407.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed. to the following: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: 1 0/?q 06 GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire 140708.1 _` ? 'i ? _ _ , -"i _ f;l,T ? - ?-j i"7l -r? €`,J - c, ? ? Ji ".. . .-y-? r; - .:. 5 _.. }fCi ?? ti ._._ ?;J _, ,may .? Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-3.34-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA : NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY TNI. STRICKLAND, Husband and Wife, Defendants : CIVIL ACTION - EQUITY NOTICE TO PLEAD TO: Timothy and Nancy Snyder c/o Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GOLDBE I ATZMAN, P.C. By Thomas E. Brenner, Esquire Attorney I.D. #32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendants Date: November 9, 2006 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Boy: 1368 Harrisburg, PA 17108-1368 717-334-4161 Attorneys for Defendants TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS NANCY J. SNYDER, Husband : CUMBERLAND CO., PENNSYLVANIA and Wife, Plaintiffs : NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a : CIVIL ACTION - EQUITY Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants DEFENDANTS' AMENDED ANSWER WITH NEW MATTER TO PLAINTIFFS' SECOND AMENDED COMPLAINT AND NOW, come the Defendants, by their attorneys, Goldberg Katzman, P.C., who state: 1. Admitted. 2. Denied in part. The business address is 623 Creek Road, Carlisle, Pennsylvania. 3. Denied in part. The correct name is M. Jeffrey Strickland, whose address is 623 Creek Road, Carlisle, Cumberland County, Pennsylvania. 4. Denied in part. The proper address is 11 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania. 5. Admitted. 6. Denied. Strickland Brothers Construction is operated by Defendants Jeffrey and Matthew Strickland. Kathy Strickland has no role in Strickland Brothers Construction. 7. Admitted. 8. Admitted with clarification. The agreement refers to "SBC." 9. Denied in part. The home was constructed by Jeffrey and Matthew Strickland, trading as Strickland Brothers Construction. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in the construction of the home. 10. Admitted. 11. Denied in part. The allowance sheet was provided by Defendant Strickland Brothers Construction and not Defendants Strickland Brothers, LLC or Kathy Strickland. 12. Denied in part. Defendants Strickland Brothers, LLC and Kathy Strickland were not involved in the work in the basement. 13. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the basement project. 14. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in the bookshelves project. 15. Denied in part. Strickland Brothers, LLC and Kathy Strickland were not involved in this work. 16. Denied in part. Defendants Kathy Strickland and Strickland Brothers, LLC had no role in the installation of the well. 17. Denied. Defendants Kathy Strickland and Strickland Brothers, LLC had no involvement in the settlement on this property. (a) Denied. Defendants Matt and Jeffery Strickland never made this representation. (b) Denied. Defendants Matt and Jeffery Strickland never made this representation. (c) Denied. Defendants Matt and Jeffery Strickland never made this representation. (d) Denied. Defendants Matt and Jeffery Strickland never made this representation. 18. Admitted. 19. Admitted with clarification. Work on the front and the side yards of the property had been graded. The back yard was to be done. 20. Admitted with clarification. The document identifying the parties to the agreement speaks for itself. 3 21. Admitted. COUNTI BREACH OF CONTRACTS & WARRANTIES 22. The answers to paragraphs 1 through 21 are incorporated herein by reference. 23. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). Proof is demanded. 24. Denied. Defendants Jeffrey Strickland and Matthew Strickland were contacted by the Plaintiffs but they believe the date was later than April 20, 2004. Defendants Jeffrey and Matthew Strickland were never advised of a foundation wall crack. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 25. Denied. It is denied that Jeffrey Strickland was informed by Plaintiffs of a basement wall crack. 26. Admitted with clarification. Defendants Jeffrey and Matthew Strickland were advised that the sump pump was running a lot. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 27. Denied. Defendants Jeffrey and Matthew Strickland discussed possibly raising the sump pump if it was running too much. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 28. Admitted. 29. Admitted with clarification. Pursuant to discussions with the Plaintiffs, Defendants Jeffrey and Matthew Strickland agreed to come to their home and remove the damaged carpeting and padding from the their basement. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 30. Denied. In further response, Defendant Jeffrey Strickland learned that the Plaintiffs had unplugged the sump pump. There was no promise made to replace the carpeting or recognition of a "flooding problem." 31. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 32. Admitted with clarification. Plaintiffs had acknowledged that they turned off the sump pump, allowing water to enter into their basement. In further response, Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 33. Admitted with clarification. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 34. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 35. Denied. Defendants Jeffrey and Matthew Strickland are not aware of any water infiltration through the basement walls. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 5 36. Denied. Defendantjeffrey Strickland was unable to come to the Plaintiffs' home because of a prior commitment and Matthew Strickland visited the home to meet the Plaintiffs. 37. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 38. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 39. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 40. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 41. Denied as stated. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in the construction of this home. It is specifically denied that the work was of a poor, improper and unworkmanlike manner. (a)-(d) Denied. These paragraphs are denied pursuant to Pa.R.C.P. 1029(e). (e) Admitted. It is admitted that the doors did not have deadbolts. (f) Denied. Plaintiffs were provided the name of the painter to contact to schedule touch-up. Billings for work performed by the painter requested by the Plaintiffs have not been paid to the painter. (g) Denied. This paragraph is denied pursuant toPa.R.C.P. 1029(e). 6 (h) This paragraph has been deleted by stipulation of the parties. 42. Denied. Defendants Jeffrey and Matthew Strickland have not been permitted access to the property. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 43. Denied. Defendants Jeffrey and Matthew Strickland never promised to replace carpeting and padding. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 44. Admitted with clarification. Defendants Jeffrey and Matthew Strickland have denied liability for defects or damage. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 45. Denied. Defendants Jeffrey and Matthew Strickland have offered to make modifications at the Plaintiffs' home and have been denied access. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. 46. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, the remaining Defendants did not warrant to provide a basement free of water leakage. 47. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 7 48. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland are not parties to this contract. It is denied that the contract was performed in a deficient, defective, flawed or unworkmanlike manner. In further response, the paragraph states a series of legal conclusions to which no response is necessary. 49. Denied. Defendant Strickland Brothers, LLC and Kathy Strickland had no role in this matter. It is denied that Defendants Jeffrey and Matthew Strickland have breached any warranty. Defendants Jeffrey and Matthew Strickland have offered to come to the Plaintiffs' home and have been denied access. The remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e) and proof thereof is demanded. 50. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. WHEREFORE, Defendants request that Count I of the Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT II RESCISSION 51. The answers to paragraphs 1 through 50 are incorporated herein by reference. 8 52. Denied as stated. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The Defendants advised that the sump pump was connected to an exterior drainage system. 53. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. Defendants made no representation that Plaintiffs would have a "dry basement." 54. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. There were no defects in the construction. 55. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be leveled to the southern boundary. 56. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land that was anticipated. 57. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the grading of the land. 58. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not misrepresent the plan as to fill removal, grading and seeding. 9 59. Denied. This paragraph states a legal conclusion to which no response is necessary. 60. Denied in part. Defendants Jeffrey and Matthew Strickland have no knowledge as to "custom window treatments" claimed by the Plaintiffs. 61. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. WHEREFORE, Defendants request that Count II of Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT III VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 62. The answers to paragraphs 1 through 61 are incorporated herein by reference. 63. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. In further response, Defendants Jeffrey and Matthew Strickland did not warrant or assure that the basement would be free from water leakage. 64. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. Defendants Jeffrey Strickland and Matthew Strickland did not represent that the yard would be level to the southern boundary. 65. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 10 66. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no role in this matter. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 67. Admitted. It is admitted that an agreement was entered into as set forth in Exhibit T". 68. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 69. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland had any role in this matter. In further response, the paragraph states a legal conclusion to which no response is necessary. 70. Denied. It is denied that Defendants Strickland Brothers, LLC and Kathy Strickland had any role in this matter. In further response, it is denied that there were any violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. In further response, the paragraph states a legal conclusion to which no response is necessary. 71. Denied. The paragraph states a legal conclusion to which no response is necessary. 72. Denied. The paragraph states a legal conclusion to which no response is necessary. 73. Denied. The paragraph states a legal conclusion to which no response is necessary. J 11 f • WHEREFORE, Defendants request that Count III of Plaintiffs' Second Amended Complaint be dismissed, with prejudice. COUNT IV- NEGLIGENCE 80. The answers to paragraphs 1 through 73 are incorporated herein by reference. 81. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. 82. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. 83. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. By way of further response, this paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 84. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 12 85. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 86. Denied. This paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. 87. Denied. Defendants Strickland Brothers, LLC and Kathy Strickland had no involvement with this home. The paragraph states a legal conclusion to which no response is necessary. By way of further response, this paragraph denied pursuant to Pa.R.C.P. 1029(e) and proof is demanded. WHEREFORE, Defendants request that Count IV of Plaintiffs' s Second Amended Complaint be dismissed, with prejudice. NEW MATTER 88. Defendant Strickland Brothers, LLC had no role in this matter, it was not formed until after the house was built. 89. Defendant Kathy Strickland had no role in this matter. She is not an employee in the construction business. 90. Plaintiffs' alleged damages arose from their comparative negligence under the circumstances. 91. Plaintiffs' alleged damages arose from their assumption of the risk under the circumstances. 13 92. Plaintiffs have denied the Defendants access to the property to modify the drain system. 93. Plaintiffs have failed to mitigate their alleged losses. WHEREFORE, Defendants request that the Plaintiffs' Second Amended Complaint be dismissed, with prejudice. GOLDBERG KATZMAN, P.C. By Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: November 9, 2006 14 VERIFICATION I, Q. hereby acknowledge that I am an authorized representative of Strickland Brothers Construction and Strickland Brothers, LLC; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. STRICKLAND BROTHERS CONSTRUCTION and ST'RICKL1tND BRO'T'HERS, LLC By: , Date: VERIFICATION I, Jeffrey M. Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. v r eBey . Strickland Date: VERIFICATION I, Matthew G. Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsi Date: Matthew G. Strickland VERIFICATION I, Kathy M. Strickland, hereby acknowledge that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsitication to authorities. t ` Kathy M. Strickland Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 By: Date: November 9, 2006 GOLDBERG KATZMAN, P.C. renner, Esquire 140708.1 r ] i'?S - a r `7`1 . -"-? ?.y { - - ? ?. ?--=1 ' . ??-?l f_ ? ? ?? '.? .rte "? L:? TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife : No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY Defendants. PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, this 29`s day of November, 2006, comes the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight, and makes the following Answer to the New Matter filed by Defendants, averring as follows: 88. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eighty-eight (88) so they are specifically denied and strict proof thereof is demanded at trial. 89. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eighty-nine (89) so they are specifically denied and strict proof thereof is demanded at trial. 90. The averments contained in paragraph ninety (90) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 91. The averments contained in paragraph ninety-one (91) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 92. The averments in paragraph ninety-two (92) are denied as stated. By way of further answer, Defendants were given several opportunities to remedy and fix the drainage and flooding problems experienced by Plaintiffs. Defendants initially admitted that they were responsible for fixing the drainage and flooding problems, and then subsequently refused to perform any reasonable repairs or replace any of the Plaintiffs' damaged property. The remaining averments of paragraph ninety-two (92) are specifically denied and strict proof thereof is demanded at trial. 93. The averments contained in paragraph ninety-three (93) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their favor and award Plaintiffs the relief requested in their Complaint. Respectfully Submitted, IRWIN & McKNIGHT !w v Douglas it. Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: November 29, 2006 2 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. NA CY J. SN TIMOTHY A. SNY R Date: November 27. 2006 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: November 29, 2006 IRWIN & McKNIGHT r Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 ? O t? PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for RMY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (ndre caption must be stated in fuM TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife (check one) ® Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. STRICKLAND BROTHERS CONSTRUCTION, A Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, t) JEFFRE7[ M. TC1Q.AIiD, an MATTHEW G. GKLt iH and. KATHY M. STRICRLANDHusband and Wife, ,(Defendants) The trial listwillbe called on 10/16/07 and Trials commence on 11/13/07 Pretrials will be held on 10124/07 (Briefs are due S days before pretriats pY -37s'y No. Term Indicate the attorney who will try case for the party who files this praecipe: Douglas G. Biller, Esquire Indicate trial counsel for other parties if known: Thous E. Brenner, Esquire Tbis case is ready for trial. Signed: ? Print Name: Douglas G. Miller Date: 9/20/07 Attomey for: Plaintiffs C4 Ali Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - EQUITY DEFENDANTS' MOTION TO STRIKE CASE FROM TRIAL LIST Defendants, Strickland Brothers Construction, a Pennsylvania General Partnership, Strickland Brothers Construction LLC, Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, (collectively, Defendants), by and through their counsel, Goldberg Katzman, P.C., file this Motion to Strike the instant case from the November 2007 civil trial list, and in support thereof aver as follows: 1. Plaintiffs commenced this action by filing a Complaint on or about December 29, 2004. 2. Defendants filed Preliminary Objections to the Complaint on or about January 21, 2005. 3. Plaintiffs filed an Amended Complaint on or about February 7, -2005- 4. Defendants filed an Answer to the Amended Complaint on or about March 17, 2005. 5. Plaintiffs then filed a Second Amended Complaint on or about September 29, 2006- 6. Defendants filed their Answer to the Second Amended Complaint on or about October 26, 2006, and then filed an Amended Answer on or about November 15, 2006. 7. During the spring and summer of 2007, the parties explored the possibility of settling this dispute through Defendants purchasing the house in question from Plaintiffs. g. However, the parties were unable to agree on a purchase price. 9. During the mid to latter part of the week of September 17, 2007, Plaintiffs' counsel informed Defendants' counsel that he would be listing this case for trial. 10. Plaintiffs' counsel did, in fact, list the case for trial on Friday, September 21, 2007. 11. The deadline to list cases for the November 2007 civil trial term was Monday, September 24, 2007. 12. Defendants received written verification on September 25, 2007 that Plaintiffs' listed the case for the November trial list. 13. Between the parties' telephone call during the week of September 17"' and Plaintiffs' act of listing the case for trial on September 21't, Defendants' counsel was not able to confirm the availability of its experts to testify during the week of November 12 c1i, 2007. 14. Indeed, Defendants' counsel discovered after the aforementioned listing that their structural expert, Mr. Sinan Jawad, had previously committed to being in Houston, Texas for a ten (10) day period which covers the week of November 12 t11. Thus, Mr. Jawad, who is critical to Defendants' case, is not available to testify at trial during that week. 15. Further, Defendants' expert on mold issues (Mr. Bob Pfromm) has been scheduled to inspect Plaintiffs' house on October 19, 2007. Mr. Pfromm will then need to send out the samples he collects to a laboratory for testing. It is inconceivable that he would be able to conduct his inspection, send out the samples for analysis, receive the results and prepare a report in time for trial during the week of November 12tr` 16. Defense counsel sought to reach Plaintiffs' counsel to obtain his concurrence after providing a draft of this motion. Telephone messages were not returned and, therefore, defense counsel cannot state if there is concurrence in this motion. WHEREFORE, Defendants respectfully request that the instant case he stricken from the November 2007 trial list. GOLDBERG KATZMAN, P.C. 17--iomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: October 17, 2007 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Douglas Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Date: October 17, 2007 Thomas E. Brenner, Esquire .r 4 I.? L? Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendants TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, and KATHY M. STRICKLAND, Husband and Wife, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA NO. 04-374 CIVIL TERM CIVIL ACTION - EQUITY DEFENDANTS' AMENDED MOTION TO STRIKE CASE FROM TRIAL LIST Defendants, Strickland Brothers Construction, a Pennsylvania General Partnership, Strickland Brothers Construction LLC, Jeffrey M. Strickland, Matthew G. Strickland and Kathy M. Strickland, Husband and Wife, (collectively, Defendants), by and through their counsel, Goldberg Katzman, P.C., file this Motion to Strike the instant case from the November 2007 civil trial list, and in support thereof aver as follows: 1. Plaintiffs commenced this action by filing a Complaint on or about December 29, 2004. 2. Defendants filed Preliminary Objections to the Complaint on or about January 21, 2005. 3. Plaintiffs filed an Amended Complaint on or about February 7, 2005. 4. Defendants filed an Answer to the Amended Complaint on or about March 17, 2005. 5. Plaintiffs then filed a Second Amended Complaint on or about September 29, 2006. 6. Defendants filed their Answer to the Second Amended Complaint on or about October 26, 2006, and then filed an Amended Answer on or about November 15, 2006. 7. During the spring and summer of 2007, the parties explored the possibility of settling this dispute through Defendants purchasing the house in question from Plaintiffs. 8. However, the parties were unable to agree on a purchase price. 9. During the mid to latter part of the week of September 17, 2007, Plaintiffs' counsel informed Defendants' counsel that he would be listing this case for trial. 10. Plaintiffs' counsel did, in fact, list the case for trial on Friday, September 21, 2007. 11. The deadline to list cases for the November 2007 civil trial term was Monday, September 24, 2007. 12. Defendants received written verification on September 25, 2007 that Plaintiffs' listed the case for the November trial list. 13. Between the parties' telephone call during the week of September 17`x' and Plaintiffs' act of listing the case for trial on September 218`, Defendants' counsel was not able to confirm the availability of its experts to testify during the week of November 12`'', 2007. 14. Indeed, Defendants' counsel discovered after the aforementioned listing that their structural expert, Mr. Sinan Jawad, had previously committed to being in Houston, Texas for a ten (10) day period which covers the week of November 12`x'. Thus, Mr. Jawad, who is critical to Defendants' case, is not available to testify at trial during that week. 15. Further, Defendants' expert on mold issues (Mr. Bob Pfromm) has been scheduled to inspect Plaintiffs' house on October 19, 2007. Mr. Pfromm will then need to send out the samples he collects to a laboratory for testing. It is inconceivable that he would be able to conduct his inspection, send out the samples for analysis, receive the results and prepare a report in time for trial during the week of November 12`E'. 16. Pursuant to Local Rule 208.3 (a) (9), defense counsel sought to reach Plaintiffs' counsel to obtain his concurrence after providing a draft of this motion. Telephone messages were not returned and, therefore, defense counsel cannot state if there is concurrence in this motion. 17. Pursuant to Local Rule 208.3 (a) (2), judge Wesley Oler ruled on a procedural motion in this case and requested the filing of the present motion at the call of the civil trial list on October 16, 2007. WHEREFORE, Defendants respectfully request that the instant case be stricken from the November 2007 trial list. GOLDBERG KATZMAN, P.C. By:. j -Y' ?' Q) , &mw Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Date: October 18, 2007 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I server a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Douglas Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. 6uv"e'- By: t?'z ? I - Thomas E. Brenner, Esquire Date: October 18, 2007 cn , ?£ ,'^ TIMOTHY A. SNYDER and NANCY J. SNYDER, husband and wife, Plaintiffs v STRICKLAND BROTHERS CONSTRUCTION, A PENNSYLVANIA GENERAL PARTNERSHIP, STRICKLAND BROTHERS CONSTRUCTION, LLC: JEFFREY M. STRICKLAND and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3754 CIVIL TERM IN RE: REQUEST FOR CONTINUANCE ORDER OF COURT AND NOW, this 16th day of October, 2007, upon consideration of the call of the civil trial list, and Plaintiffs' counsel, Douglas G. Miller, Esquire, having called the case for trial, and counsel for Defendants in the person of David M. Steckel, Esquire, having requested a continuance of the trial, Defendants' counsel is advised to file a formal motion for a continuance, and the issue is deferred to the pretrial conference. Pending further Order of Court, the case shall remain on the trial list. ouglas G. Miller, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013-3216 For Plaintiffs /avid M. Steckel, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendants Court Administrator :mae By the Court, co c j } Q ° cV Ai ' TIMOTHY A. SNYDER and IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband CUMBERLAND COUNTY, PENNSYLVANIA and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, : STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - LAW NO. 04-3754 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2007, upon consideration of Defendants' Amended Motion To Strike Case from Trial List, a Rule is hereby issued upon Plaintiffs, to show cause why the relief requested should not be granted. RULE RETURNABLE at the pretrial conference scheduled for Wednesday, October 24, 2007, at 10:30 a.m., in chambers of the undersigned judge. BY THE COURT, J Douglas Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs zz 13"Ill .;' Thomas E. Brenner, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants :rc ce i s nvlz t TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife Defendants. : No. 2004 - 3754 CIVIL TERM CIVIL ACTION - EQUITY PLAINTIFFS' ANSWER TO DEFENDANTS' AMENDED MOTION TO STRIKE CASE FROM TRIAL LIST AND NOW, this 24th day of October, 2007, come the Plaintiffs, Timothy A. Snyder and Nancy J. Snyder, by and through their attorneys, Irwin & McKnight, and makes the following Answer to the Amended Motion to Strike Case from Trial List filed by Defendants, averring as follows: 1. The averments of fact contained in paragraph one (1) of the Defendants' Amended Motion are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments of fact contained in paragraph three (3) are admitted. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments of fact contained in paragraph five (5) are admitted. 6. The averments of fact contained in paragraph six (6) are admitted. 7. The averments of fact contained in paragraph seven (7) are admitted. 8. The averments of fact contained in paragraph eight (8) are admitted. 9. The averments contained in paragraph nine (9) are denied as stated. Plaintiffs were prepared for trial and had completed their discovery and expert reports by the end of 2006. Defendants requested additional discovery, including the deposition of Plaintiffs in January 2007, which delayed the listing of this matter for trial. Defendants then requested that the parties discuss the possibility of Defendants repurchasing the property. Defendants' legal counsel was told on multiple occasions throughout 2007 that if the parties could not reach a settlement agreement, that Plaintiffs had completed discovery, were prepared for trial, and would be listing this matter for trial. The remaining averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The averments of fact contained in paragraph ten (10) are admitted. 11. The averments of fact contained in paragraph eleven (11) are admitted. 12. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twelve (12) so they are therefore specifically denied and strict proof thereof is demanded. 13. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13) so they are therefore specifically denied and strict proof thereof is demanded. 14. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fourteen (14) so they are therefore specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiffs have never received and are unaware of Mr. Jawad preparing any expert report in this matter. Plaintiffs further assert upon information and belief that another engineer from Mr. Jawad's firm could be available for trial. 15. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fifteen (15) so they are therefore specifically denied and strict proof thereof is demanded. By way of further 2 answer, Plaintiffs mold expert conducted his report on June 20, 2005, which reported has been in the possession of Defendants' legal counsel since at least September 2005. 16. The averments contained in paragraph sixteen (16) are denied as stated. Plaintiffs' legal counsel was unable to reach Plaintiffs to determine whether they would concur with Defendants' Motion prior to its being filed in this matter. Plaintiffs oppose the granting of the Motion and request that this matter remain on the trial list for the reasons stated herein. 17. The averments of fact contained in paragraph seventeen (17) are admitted. WHEREFORE, Plaintiffs respectfully request that this Court deny Defendants' Motion to Strike Case from Trial List. Respectfully Submitted, IRWIN & McKNIGHT r Douglas Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: October 24, 2007 3 S CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by hand delivery on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: October 24, 2007 IRWIN & McKNIGHT A?R A , kq Douglas Mer, Es ire Supreme Vo-urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 } 5 0 CD T W TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs v STRICKLAND BROTHERS CONSTRUCTION, a . Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND: and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, . Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3754 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-captioned case on Wednesday, October 24, 2007. Present and behalf of Plaintiffs was Douglas G. Miller, Esquire. Present on behalf of Defendants was Thomas E. Brenner, Esquire. This is an action for breach of contract (including breach of warranty) and violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law, for damages and/or rescission, arising out of construction of a home by Defendants. This will be a jury trial in which, pursuant to an agreement of counsel, each side will have 4 peremptory challenges, for a total of 8. The estimated duration of trial is 3 1/2 days. To the extent that any deposition testimony requiring rulings by the trial court is to be shown or read to the jury, counsel are directed to furnish to the Court copies of the affected transcripts, with the areas of objection being pursued highlighted, and with brief memoranda in support of their it 1%* respective positions on the objections, within 5 days prior to commencement of the trial term at which this case is tried. Defendants have filed a written motion for continuance of trial in this case; by separate Order of Court of even date herewith, that motion will be granted over the objection of the Plaintiffs. With respect to settlement negotiations, it is understood that the parties are attempting to resolve this matter amicably, but at the present time it does not appear that a settlement is likely. Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiffs Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendants Court Administrator :mae By the Court, ? r? ? ?, .?? ? C'? ?"' -r? --, CJ? _;?? 1? _; , N TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs v STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND: and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3754 CIVIL TERM IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 24th day of October, 2007, upon consideration of Defendant's Amended Motion To Strike Case from Trial List, and over the objection of the Plaintiffs, the motion is granted. For purposes of delay damages, the delay occasioned in the trial by this motion shall not be assessed against the Plaintiffs. Counsel are directed to relist this case for trial during the February 2008 trial term. No further continuances will be granted to the Defendants. By the Court, J. I Idl (...-.. Jes ey 01, • \Q Jr.-, 'J: ,2ro'uglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiffs lI'homas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendants Court inistrator :mae ON cv tt © L-4 + PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next team of civil court. ? for trial without a jury. CAPTION OF CASE (enure caption must be stated in full) TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife (other) (Plaintiff} VS. STRICKLAND BROTHERS CONSTRUCTION, A Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION(I*r&dant) JEFFREY M.v§TRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, The trial list will be called on _ 1 / 8 /08 and Trials commence on 2/4/08 Pretrials will be held on 1/16/08 (Briefs are due S days be ore pretrials No. 2004 , Term Indicate the attomey who will try case for the party who files this praecipe: Douglas G. Miller, Esquire Indicate trial counsel for other parties if known: Thomas E. Brenner, Esquire This case is ready for trial. Signed: Print Name: G. Miller o -i R Ap = C (check one) ® Civil Action - Law ? Appeal from arbitration Date: 12114107 Attorney for: Plaintiffs p,? pip D -f 1 #18 If'=MOTHY A. SNYDER and IN THE COURT OF COMMON P LEAS OF TdA1,1CY J. SNYDER, Husband CUMBERLAND COUNTY, PENNS YLVCNIPr-, ? and Wife , Plaintiffs CIVIL ACTION - LAW c_ 5: STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND: and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants NO. 04-3754 CIVIL TERM IN RE: PRE TRIAL CONFERENCE A pretrial conference was held in the chambers of Judge Oler in the above-cap tioned case on Wednesday, January 16 , 2008. Present on behalf of Plaintiffs was Douglas G. Miller, Esquire. Present on behalf of Defendants was Thomas E. Brenner , Esquire. This case involves an alleged breach of contract and alleged violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law arising out of the sale of a home to Plaintiffs with allegedly deficient grading resulting in water damage. Pursuant to an agreement of counsel reached at the conference, Defendant Kathy M. Strickland will be dismissed as a Defendant from the case, with the understanding that she will be available to be a witness at trial, if requested by Plaintiff's counsel. This will be a jury trial in which each side, ,,u-suant to an agreement of counsel, will have 4 peremptory challenges, for a total of 8. The estimated duration of trial is days. To the extent that any deposition testimony is to ?k read or shown to the jury and contains objections being pursued by counsel and requiring rulings by the trial court, counsel are directed to supply a copy of the affected deposition Transcript to the Court at least 5 days prior to commencement of the trial term in which this case is tried, with the areas of objection being pursued highlighted, and with brief memoranda in support of their respective positions. An issue which may arise at trial involves the Question of whether testimony by Paul Fegley is in the nature of expert testimony, and, if so, whether it should be precluded on the ground that Mr. Fegley was not identified by Plaintiffs as an expert anticipated to testify at trial. Counsel have indicated that they may be engaging in the near future in mediation with respect to this case. With respect to settlement negotiations, it does appear to the Court that there is a reasonable prospect of settlement. Douglas G. Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiffs Thomas E. Brenner, Esquire P.O. Box, 12 68 Harrisburg, PA 17108-1268 For Defendants -ourt Administrator :mae By the Court, TIMOTHY A. SNYDER and IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband CUMBERLAND COUNTY, PENNSYLVANIA and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, : STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants CIVIL ACTION - LAW NO. 04-3754 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of January, 2008, pursuant to an agreement of counsel reached at a pre-trial conference in this case, Defendant Kathy M. Strickland is dismissed as a party to this case, with the understanding that Defendants will make her available for testimony at trial if requested to do so by Plaintiffs. BY THE COURT, J/ Wesley 010 Jr., Douglas Miller, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs Thomas E. Brenner, Esq. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendants 0.0pCE-S : rc t TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs V. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04,3754 CIVIL TERM CIVIL ACTION - EQUITY JOINT REQUEST FOR CONTINUANCE 1. This matter is scheduled for trial during the trial term commencing February 4, 2008. 2. On January 24, 2008, the parties and their counsel participated in a mediation held before former President Judge Thomas Raup of the Lycoming County Court of Common Pleas. (See Exhibit "A" attached hereto) 3. The parties have agreed to attempt to resolve the issues in this matter, which issues will require the use of expert analysis and review of the property which is the subject of this litigation. 4. The parties and their counsel request that this matter be continued from the February 4" trial term and place it on the March trial term. WHEREFORE, the parties and their counsel request that this matter be continued from the February 3, 2008 trial term to the March, 2008 trial term. GOLDBERG KATZMAN, P.C. Y Thomas E. Brenner, Esquire Attorney ID #32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendants Dated: January 25, 2008 IRIWIN & MCKNIGHT /S/ Douglas Miller, Esquire By: Douglas Miller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Telephone: (717) 249-2353 Attorneys for Plaintiffs Date: January 25, 2008 154872.1 1 J A full-service law firm. January 25, 2008 Via facsimile Arthur L. Goldbe-rg 1 ?l51-20)(1) -Harry B. (mold erg The Honorable Edwin Guido Cumberland County Courthouse 1 Courthouse Square Ronald M. Katzman Carlisle, PA 17013 RE: Snyder v. Strickland '' "" `"°`"'`' 04-3754 Civil Term No ... i i;Oll2a5 i_. ??i CI tIU'r . 'I r- Dear Judge Guido: ft r;, J Russo Michael 1. Crocenzi i hon,as 1. Weber This case has been assigned to you for trial during the week of Steve i F. E =rl Ibb February 4`'. Royce L. Morris David `r_. Steckel On January 24`h, attorney Doug Miller and his clients and myself and tcseph 1. s`',: t>r't my clients met with former President Judge Thomas Raup of the Lycoming ismer Carr:- i. Wie7ner County Court of Common Pleas for a mediation. The mediation session och, ,Michael F. lasted nearly 5 hours and progress was made toward the resolution of the case. Issues came up during the mediation that will require additional testing at the home of the Snyders to ascertain the extent of repairs needed. toshua R Lock an Ko A ld B Based upon the testing, further review by the experts will be required to . g ). rno 1-feather L. t'a terno modify their opinions. In addition, some remedial work has been discussed that will involve site evaluation and consultation with other property owners to determine the feasibility of same. The parties and counsel agree that the completion of this additional field work and investigation work will advance this case toward a settlement and potentially resolve or eliminate several issues to be addressed at trial. sit Vii) Nla17i.(a Street, .rll i i'l"fit .1,2irC I O.O. 1C1.? r .. ._-, 1 January 25, 2008 Page 2 With the consent of all parties and both counsel, we are making a joint request that this case be continued from the February trial term to the March trial term to allow this additional work, investigation, expert review, and potential resolution of the case to be achieved. Attorney Miller advised that he will be in a seminar most of the day today. Both he and I are available on Monday, January 28`h to either discuss this request by phone or to meet with you. Very truly yours, omas E. Brenner TEB: ak cc: Douglas G. Miller, Esquire (via facsimile) Taryn Dixon, Court Administrator r..? _) ??? ? .} .. .--; ?:1; ?`.rt v l --s l . ? t . ? ? ?_ ?. .Y 4 IAN !? 20G8Y?''' TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs v. STRICKLAND BROTHERS CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION LLC JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 04-3754 CIVIL TERM CIVIL ACTION - EQUITY ORDER AND NOW, this a day of , 2008, based upon the parties' joint request to continue this matter from the February trial term, the matter will be continued to the March, 2008 trial term. BY THE COURT: W The Honorable Edwin Guido 1 v ; a W t?lvr teaL? i?tC?: w :?± ?r-i 1 3tw TIMOTHY A. SNYDER AND NANCY J. SNYDER, HUSBAND AND WIFE V. STRICKLAND BROTHERS CONSTRUCTION, A PENNSYLVANIA GENERAL PARTNERSHIP, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND AND MATTHEW G. STRICKLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-3754 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the call of the Civil Trial List and counsel for Defendants in the person of Thomas E. Brenner, Esquire, having indicated that this case is being amicably resolved, it is stricken from the trial list. ZDouglas G. Miller, Esquire ? Thomas E. Brenner, Esquire Court Admin. pcb 0-6p-?Es M?RACCL 3/to /08 By the Court, CL Q C z ° ? C,j PRAECIPE FOR LISTING CASE FOR TRIM. (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in ful) TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife (check one) ® Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) VS. STRICKLAND BROTHERS CONSTRUCTION, A Pennsylvania General Partnership, STRICKI.AND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICK1AN0qff*1ant) MATTHEW G YsSTRICKLAND and KATHY M. STRICKLAND, Husband and Wife, The trial list will be called on 5/27/08 and Trials commence on 6/23108 Pretrials will be held on 6/4/08 (Briefs are due S days before preirkds No. 2004-3754 Term Indicate the attorney who will try case for the party who files this praecipe: Douglas G. Miller, Esquire Indicate trial counsel for other parties if known: Thomas E. Brenner, Esquire This case is ready for trial. Signed: w Print Name: Doiia,1 a s G- 11er Date: 5/5/08 Attorncy for: Plaint if f s na ?:, ? ;°; p , ! :. ? ...,? tj?D? ? 1 _ ? _?°t (-T'T N Q'; ? 1. ? l ? ? ? -} (?v TIMOTHY A. SNYDER and NANCY J. SNYDER, Husband and Wife, Plaintiffs v STRICKLAND BROTHERS CONSTRUCTION, A PENNSYLVANIA GENERAL PARTNERSHIP, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND: and MATTHEW G. SRICKLAND and KATHY M. STRICKLAND, Husband and Wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004-3754 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 27th day of May, 2008, upon consideration of the call of the civil trial list, and pursuant to a request of Plaintiffs' counsel, Douglas G. Miller, Esquire, without objection on the part of Defendants' counsel, Thomas E. Brenner, Esquire, this case is stricken from the trial list. ? Douglas G. Miller, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013 For Plaintiffs /Thomas E. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 For Defendants l.:C7 t E.S rn ?A LL P s?aC?fob Court Administrator :mae By the Court, 1J L _ :C INJ Sz ),V nol ?: . 1b TIMOTHY A. SNYDER and : IN THE COURT OF COMMON PLEAS OF NANCY J. SNYDER, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : No. 2004 - 3754 CIVIL TERM STRICKLAND BROTHERS : CIVIL ACTION - EQUITY CONSTRUCTION, a Pennsylvania General Partnership, STRICKLAND BROTHERS CONSTRUCTION, LLC, JEFFREY M. STRICKLAND, and MATTHEW G. STRICKLAND, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE TO CURTIS R. LONG, PROTHONOTARY: Kindly mark the above-captioned matter as settled and discontinued. Respectfully Submitted, IRWIN & McKNIGHT . - k'e. Dougla . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs Date: July , 2008 } CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by hand delivery on the date set forth below: THOMAS E. BRENNER, ESQUIRE GOLDBERG KATZMAN, P.C. P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: July 3, 2008 IRWIN & McKNIGHT IkAA Do as Miller, Esquire Supreme ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 t