HomeMy WebLinkAbout02-0204SUSAN D. KOELLNER,
Plaintiff
VS,
JAMES M. CORISH and JILL A. CORISH,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
TO DEFENDANTS NAMED HEREIN:
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS
SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY
(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY
PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE
COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT
OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
FOURTH FLOOR, CUMBERLAND COUNTY COURT HOUSE
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 240-6200
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A. CORISH,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
makes the following Complaint in this matter:
1. The Plaintiff is Susan D. Koellner an adult individual who resides at 2800 West
Rosegarden Boulevard in Mechanicsburg, Upper Allen Township, Cumberland County,
Pennsylvania.
2. The Defendants are James M. Corish and Jill A. Corish, husband and wife, adult
individuals who reside at 7 Mandy Lane in Dillsburg, York County, Pennsylvania.
3. in April of 2001, Defendants were the owners of a residence at 2800 West
Rosegarden Boulevard in Mechanicsburg, Upper Allen Township, Cumberland County,
Pennsylvania (hereinafter, the "Property") which they desired to sell.
4. In April of 2001, Defendants listed the Property for sale with a real estate agent
and, when they did, completed a Seller's Property Disclosure Statement in which they
made certain representations about the condition of the Property. Attached hereto and
marked as Exhibit A is a copy of the Seller's Property Disclosure Statement signed by
both Defendants.
5. On 26 April 2001, Plaintiff and Defendants entered into a written agreement
whereby Plaintiff agreed to purchase and Defendants agreed to sell the Property for a
total purchase and sale price of $159,900.00. Attached hereto and marked as Exhibit B
is a copy of the Agreement of Sale for the Property.
6. In entering into the Agreement of Sale, Plaintiff specifically relied upon the
statements and representations made by Sellers in the Property Disclosure Statement,
specifically including statements contained therein regarding the absence of any stains or
other defects in the flooring.
7. The parties settled on the sale of the Property in June of 2001 at which time
Plaintiff performed all of her obligations under the Agreement of Sale. By agreement of
the parties, and at the request of Defendants, however, Plaintiff did not take possession
of the Property until sometime in November of 2001. From the date of the settlement in
June until November of 2001, Defendants continued in possession of and continued to
occupy the Property.
8. Upon taking possession of the Property in November of 2001, Plaintiff
discovered serious, extensive, and permanent stains in the carpeting in the living room,
dining room, and two upstairs bedrooms in the Property. Plaintiff subsequently learned.
that the stains were caused by a pet or pets kept by Defendants in the Property. The
stains were not visible to Plaintiff during her prior inspections of the Property because
they were concealed by furnishings and other items of personal property in the house at
the time of her inspections. The first time Plaintiff was aware of the stains was after she
took possession of the Property in late November of 2001.
9. Plaintiff has incurred, or will incur, expenses and damages in an amount in
excess of $3,029.93 to remove and replace the stained carpet and padding and to treat
and deodorize the flooring underneath the stained carpet and padding.
10. Despite demands by Plaintiff and her representatives, Defendants have failed
and refused to compensate Plaintiff for the damages they have caused her.
COUNT I -- CONTRACT
11. The averments set out in Paragraphs 1 through 10 above are incorporated
herein by reference.
12. Defendants, by their conduct, have breached the agreement between the
parties by failing to deliver the Property in the condition which they represented it to be in
at the time the parties signed the Agreement of Sale.
13. Defendants, by their conduct, have injured Plaintiff in an amount in excess of
$3,029.93.
WHEREFORE, Plaintiff demands judgment against Defendants in an amount in
excess of $3,029.93, plus interest after 30 November 2001, plus costs of suit.
COUNT II -- MISREPRESENTATION
14. The averments set out in Paragraphs 1 through 10 above are incorporated
herein by reference.
15. Defendants misrepresented the condition of the Property by failing to disclose
the damaged and stained carpet and padding and the damage to the floor underneath the
carpet and padding.
16. Defendants misrepresented the condition of the house by falsely completing
the Seller's Property Disclosure Statement.
17. Defendants, by their conduct, misled Plaintiff by misrepresenting the condition
of the Property.
18. Plaintiff relied upon the misrepresentations made by Defendants, to her
detriment, and has suffered damages as a result in an amount in excess of $3,029.93
WHEREFORE, Plaintiff demands judgment against Defendants in an amount in
excess of $3,029.93, plus interest after 30 November 2001, plus costs of suit.
~u~ L.- ~,~-de~Esq u~re
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12TM Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date:
SUSAN D. KOELLNER
SELLER'S PROPERTY DISCLOSURE STATEMENT
P.O1
~e~ i~ ~si~ to ~i~t S~er in ~ply~ ~ disclosure ~u~ ~d m ~t~ ~u~ m evatoutmg ~ pm~y ~ ~ ~
eond~d.
~lis 8~nt di~i~s ~r's ~ow~ of ~ ~difi~ of i~ pwpe~y a~ of ~e ~W si~ by ~ ~ ts ~t n ~ for ?
~y ~fi~ or war~u~ ~at ~r may ~ to ~, ~s S~te~t is n~ a w~ of ~y ~d ~ Sell~ ~ a w~ ~ 8
~n~n by ~y li~fing ~ ~te b~, ~y ~1~.~ ~e bmk~, ~ ~eir lkm~. Buyer is ~d to a~ss ~nc~ s
a~t ~ cq~ifio~s of ~ ~y ~ ~Y not ~ incl~ ~ ~s S~nL l~s S~t ~ not ~li~v~ ~11~ of ~e ~HgaO~ ~0
disclose a mt~ ~c~t ~at my ~ ~ ~ss~ ~ ~ ~. !1
A ma~i~ ~f~ ~ a ~lem ~ ~ ~ ~ any ~ o~it ~a ~ ~vo a st~'ic~ ~v~ ~paa on ~e v~e of ~e l~
1, SELLRR*~ ~E Seller ~ n~ ~ss e~ ~ ~g, ~1~8, ~hl~t~, or o~ ~s ~ m ~ ~s
(a) ~ you, ~ller, ~iy ~ its ~? ~
If "no." w~n ~d ~u 1~ ~e~y ~ ~i ~y~
(b) Have t~m ~n ~y ~Is fi~n8 ~ ~ ~u~ ~ O~ s~s ~g yo~ O~p? ~ No ~
24 (a) ~s~ mci in,tailed: Documentecr? [] y~ ~ Un~o~
(C) ~"y~s,~ W~C ~ ~ng ~l~ ~OV~ ~ ~ ~ No ~ U~owa
(~ H~ ~e ~f ~v~ I~ dudng ~ur o~ship~ ~..Y~s ' ~ No
, :l 4. BASE~ A~ CRA~ 8PA~ (Comp[~ ogy
~ in) ~s ~6 ~ have a ~mp ~p? ~ Y~ ~No ~ U~wu
a (b) Arc y~ ~wa~ of any ~at~ ~kagc, ~umula~on, ~ d~e~ wi~in ~e b~
~ Yes ~No
ff '~," ~s~i~ ~ 1~, e~ ~tc, and n~ of ~c pc~ who did ~e
41
4~
4~
~0
TERMITE~WOOD-DF~TROYINC- INSF~'ITS, DRYROT, PRST~ 40
(s) ~ you aware ~ ~y m~es/w~es~ ~, ~mL or ~a ~ ~e ~ ~ Y~ ~No l~
(c) Is your p~ cushily ~d~ co~t by a J[~ ~ c~! ~mp~y7 ~Y~ ~No ~
(.d) A~y~aw~e of~ ~.,,~i~tc~l~~en~f~~in~e t~t fiveyc~? ~ V~ ~No ~
~p~n ~y "y~" ~w~ ~ you give ~ th~ s~n, imlud~g ~ -nme ~ ~y ~~t ~, ff ap~ab~: a~
5TRUCTIJI~ ITEMS
(n) Ate you awate of any post orprese-'nlwaterleakagclnthehouseor°therstmctm'es? [] YeS ~/No
(b) Am you aware of any pa~t or p~scn~t mov~mem, shifting, det~rioralio~, o'r a~r problemn wi~ walls, fou~datlous, or other altar-
mml componeot~? ~ Ye~ gNo
(c) Are you awa~ of any past or present lX, oblems wifll driveways, walkways, patios, or retaining walls on the protm~y?
[] Yes iR'No
(d) Is your pro~ constmetexi wi~ ~n Exterior Insulalin8 Nintshh~ System (I~rPS), such. as drivlt or synthetic smcce'.l
[] Yes ~'No [] Unknmam
If '~es.~ describe any known problems!__
~7
~lof4
Sene~.,s lnmds~~~
APR--26--200! 87:~5 All SUE [qor~EEHAN 7].7 ~5~2
(e) Are ~ ~y defe~t.s in fl0~, including stains2 2/Yes , I~No . Cl Unknown . ..'
Explain any "yes" sawers ~hm you gtv0 in this sootier, When explaining repom to ¢on~rol or
don and extent of the problem, and the a.te and person by whnm the work was done, if knoWn: · ss
a 7. ADDITIOn. ,~1~.. MODF. L$ Have you made any additions, s!ructutnl chants, or o~er slleratlcms to the property?
~e 8, WAT~RA~ ~EWAGE ~
a~ (a) ~ IS ~ ~)u~ of your ~l~ng w~ b~ ~ter ~ ~-Si~ ~t~ (~11 ~ ~)
~a ~ ~ommunity W~r ~ N~e ~ O~er (e~l~) 70
71 (b) If your ddt~ wat~ ~u~ Is not public:
Ia tbs pumping sy~ in w~n8 ~d~ ~ Y~ ~ No
a (c) ~ y~ havc a soft--r, ffl~, or ~er ~eatlon sys~m? ~Yes ~ No
t~ ~ "yes." Is t~ sys~m ~ ~ ~
Tn
77 {d) ~Rt [~ ~e ~c t~ ~wage $y81~? ~ ~bl~ Sewer ~ ~dlvldual ~-Iot gowmge DI~nl System
~ ~ ~dividual 0.-I~ Sewa~ DIs~I Sys~m ia ~tmlty to Well ~ ~mmunl~ Rewqe ~s~ Sys~m
~ ~ Tm-~re P~t ~em~tm ~ HoI~g T~ ~ Noou ~ Non~Av~[~e~it Dmi~iona in
z0 ~ IndNldu~ On-lot, what t~? ~ Cess~l ~ ~ln~ld ~ Un~o~ O ~ (s~): __
a~ Is ille~ a ~c ~ o~ the ~y? ~ Yes ~No ~ U~own
~ If"yea," wh~ is ~C type of ~k? ~ MedUsa[ ~ Cemen~e~ ~ Fi~ ~ Un~no~
Other type of sewase system (explain):
loo tO.
lO3
iff;'
1D9
114
(c) Wl~en was the cai. site sewage ditpo~al ~em last serviced?
(0 Is t~ a se~ge pump? ~ Y~ ~ No
If"yes," h It ~ wor~ ~ 0 Yes ~ No
(g) Is eith~.~e wa~ or sew~e ~st~ sha~? D Yes
Are you awa~ o1' any leaks, backups, or oti~r problems relating m any of uhe plumbing, water, and sewase-related items?
[] Yes IM No
If "yca." CXl~lain: ......
PLl~rfll~ .SYSTEM
(a) 'l~pe of plmnbing:
[] Other (expLain):
Et/Copper [] Oalvanlzcd [] Lend ~/P¥C [] Unknown
Co) Ate you aware of any problcma with any of your plumbin~ fixtur~s (e.g., inclu&ng but not limited to: kitchen, laundry, or bath- 47
room fixtures; wct bars; hot water heat~, etc,)? [] Yes ~'No ss
If "yea," exptain:. ~
HEATING AND AIR CONDrI'IO~qG .
(a) Type of ~lr conditioning: ~'~Canttal l~le~tric ~ ~ G~ ~ W~l ~ N~ 101
Nu~ of wAdow u~ ~ciu~ In ~e .'
~) List any ~ or~ ho~ ~at ~ n~ air c~fi~d:
(c) ~pe of he,tins: ~qr~ ~ Fuel Oil'" ~
~ ~ w~ or ~al bum~g~toves? ~ Yes
' '
(d) ~ ~ ~y ch~neys? ~ Y~ ~ No ~
(e) List my ~s oft~ hou~ th~ a~n~
(g) ~e ~u aw~ of ~y ~d ~ol ~ ~ lhe
If "~u," des~be:
[] Yes
111
112
118
117
119
11g
(h)
tasks are no~ owned, explain: . .
An: you aware of any problems wi~h any item in thh section?
"yea," exphin; ....
[] Yes IS~No
Pai, e 2 of 4
117
....... 119
APR--2G--2001 0?:26 AH SUE r~C~EEHAH ?I? 5~2 98T~
tl. ~ECT~CAL ~YST~ ~ you t~ ~ ~y ~m~ ~ ~a~ ~ in t~ ~c~ ~y~
If "~s," ~p~
12, ~R ~U~ AND ~~S ~CL~ED ~ S~E (~m~e ~ly · ~p~l~bb)
Yes
12~
125
134
1:Fi
135 13.
1 &z
lt,3.
'147
152
Equipment and ap~liaams uiflmaxely included in the aalo will be,d~t~ned b~ ne~otiation smd a~cofl:llnl to
A~mt of Sale.
(b) ~S~kc~s Rowm~y? ~ ~o- ~ : : ,
(c) ~ ~u~ AI~ System ~ O~d O ~ ~ ~e ~n
(d) ~ ~ Spdnkl~ No. . ~ Au~C T~
P~l~pa ~utpm~t ~t):
(O D Ret~tg~r ~ ~ . ~ Mi~avo ~ '~w~h~ ~ ~h Com~tot ~G~ D~
(~) ~ W~ ~ ~
(~ ~om
~ ~y items ~ ~s ~ion in ~ of mp~r ~ mpl~mt7 0 Y~ ~No ~ Unknown
ff '~." explain:
L~ (SOHO, D~INA~E, ~D BO~A~)
(a) A~ y~ a~ of any flu ~ ~p~ive ~ on ~ ~7 ~ Y~ o
(b) ~e you aw~ of ~y alid~g, ~,~ mov~m, up~av~, sub~ce, o~ e~ st~ilt~ ~ble~s
~ ~t ~c p~9 O Ym ~ No
N~ ~ Buyer: ~e ~ ~y be ~jecl ~ ~ne ~ubsldence ~ge,
~ge ~y m:v~ a~ mi~ $~sidence i~ce ~ ~ai~blz ~h: ~t of ~nmen~l
de~ Ina~ce F~d, 3913 Wuhtag~n Roa~ ~Mu~y, PA 15317 (8~} 9~-t678 (~ Pm~ylv~ia)
(o~c ~nsylv~ia),
(C) ~ you aw~c of any cxis~8 or pmpo~d mi~ng, a~p-~Jn8, or ~Y o~ ex~vati~s ~t misht ~t t~ ~p~?
(d) ~ your ~owl~ge, ia ~s ~ope~, ~ p~ of it, I~a~d ~ a fl~d ~ ~ wetl~ ~? 0
(c) ~ you ~ow of ~y past or p~s~ ~e ~ fl~ding pmbl~ af~ct~ ~c ~y~ Yea
N~ to Bu~r~ Mo~tp~penle~ ~vz e~v~mx ~ng ~,~ ~em for ~tll~ ,ve~tce~ ~ ~her ~aao~. In
e~eme~ ~ not ~strlct t~ ordi~y a*t of t~ ~o~, a~ 8etl~r m~ ~t be ~ly ~r~
~te~ne the e~stence ~ easements a~ re~rictio~ by e~ning ~ pmpe~y ~d o~erlng ~ ~ct
t~ ~co~s in the O~ce of t~ RecoVer ~ De~ for ~ c~un~ ~fom entering into an Ag~ement (~ Sale.
~) ~ you aw~ of my 3h~ or ~,~ ~ (c.g, dfiwwaya. ~d$~, doc~, wall~ ~c.) or ~
~ y~ ffNo
HAZARDOUS SURRT~.NCl~ ' , 1~
(a) Arc you aware o~ any tmder~roaad tanks (other than fu~l tanks) or haz4ff~otls subatat~cM pr~aei~t 0fl the I~'~)plly (attUctore Ca' SOIl) 151
such as, bat not limitcd to. asbestos. Poly~hlorinat~d biphtmyis (PCB~), Ureafomaaldehydc Foam Insulation (UFFI); etc,?
157
(b) 'lb your lmowle:dge, haa Ih~prol~'nyl~ea rest~ for anyhazardoua substances? [] Yea
(0 Do you koow of any other environmental conc~nm that might impact upotl th~ ~operty?
Explain any ~yes" answers that you #'~e ~ this s~ion:
EIY~
(d) Do ye- ~nnw of any mats tbr radon gas that have been perfom~d in any balldinga on the property?
~'Yea [] No
If ~ye.%" 1hi date, typo, and t~suits of all te~ below:
DAax ~ 'r¥1~. o~ TeL'iT [~ULTS ~icocorknl/lit~ or working levels)
NAbs ~' Tt~ttr, aa SPAlV~Cli
If "ycS," list date imtallcd and type of sysl~n, lsd wh~her it ts in worl~ order below:
OAl~l,~.afI~ TYPB OF Sy~'In~M PROV~R
0 No
[] Yes n No
[] Yes [] No
Pa~ 3 of 4
169
171
1'/4
17i
17~
sel~°s Xaiti~:~.~j~a
pro~y, Are you ~ware of any lead.bs~d lmtnt or msd-bmeci prom uazm~s on m~ prop~ny'l
If "y~," explain how you know of it, v/hate it ts, nad ~ condition of thns~ lend-barrel paint
If property was eon~truclml, or if construction began, before 1978. you must disclose any repm~ or rac~tde of l~ad-bMed paint
or lead-based paint ~,,~,ds on th-. pt'openy. A)~ you ~wlax: of any reports ~r recmds regarding kad-base~ pain! or lead-based
paint hazanis 0n the prop~'ty? [] Ye~ [~ No'
Ir"yeS," lls~ al availibie r~pom it, d r~oorcls:
I01 1~. CO~OMINItlMS AND OTHER HOMEOWNER A,.q,qocItATION8 (Complele ~ly 'l~: ~ Co~omi~um
mi~ff~ Act [68 Pa. C~.
Sect~n 5407 af ~e Un,arm
co~tlnium, cooperative.
laws, tM ~le~
munBy, ~3e b~er will I~ve
proWd~ to ~e buyer and for five
~Cg~ J .ANEOUS
(a) ~ you aw~e
~) ~ ~u aw~c of m~ ~ng or ~ les~ a~ou aff~S ~ P~?
(c) ~.you ~ow of ~y viol~ons of f~l, slam, ~ i~ai tsws ~ ~l~l~s telling m ~is P~Y?
(d) A~ you aw~e ~ ~y public im~ov~t, c~i~um or b~ ~s~iafion a~s ~galn~ ~e ~PenY ~t ~in
unpa~ or of
(e) Ate y~ a~re
gafion, or o~er dc~ ngalnSt ~iS p~ ~at c~t ~ ~sfi~ ~ t~ P~ of th~ salel
(~ ~ you aw~ of ~y
~) ~ you awa~ of ~y ~efi~ ~ts W ~e pw~, dw~ ~ fist.s which a~ not di~l~ els~ ~ ~ f~
A n~teN~ ~f~
E~ ~y
197
2:gg
21~
The undersigned ~ell~r represents that the information set forth In t~ls disdomre stntemeat is aeearate and complete to the b~mt
of ~eller's knowledle. Seller hereby Sathorh~s the Listlng Broker to provide this iflformatlan to p~tlve hoyers of the prop-
erty nod to otl~e r~l estats lke~ _-e~. 8EL~R ALONE Lg Ri~PONSi~LE FOR THE ACCURACY OF THE INFORMATION
CONTAINED IN 1'HI$ S'TATEMEI~, Seller shall cause Buyer to be noticed in wrltin~ of any infoenmtlon mpplled o~ this form
which is r~ndered iml~urute by a dmmge in th~.coadiflou of the I)FeperW rollowfn8 e~upletton/of this furm.
WITNESS'''='-u~- ' SELLER - / .. - .... DATE -
241
EXECUTOR, ADMINII~TRATOR, TRUSTEE SIGNATLrRR BLOCK
tho ulln~l ~l{~,ate ~ellef Dj~lramm Ac{," {h~ mlde~l~llcd era~tot, admlnlsO'i~ or u~too is ~ ~qy ~ tn fl~l o~11 ~llor ',~ Pvopel~i3'
B~R ' ... ~ATE
B~R DATE
~e4~4
A/S-2K
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
PA LICENSED BROKER
LISTING jBROKER (~ompap]l)
SELLER(S): ~ ~ I~-I . I.~ ~. ~ ~ ~;~ .
' PA LICENSED BROKER
SELLING BROI~02ompany)
ADDRESS L*'~r/~''' ~t~.~-~ .~"~'
D~IGNATED~T ~R ~R (~ npplt~ble)
2 2
3 3
4 , called "Sailer," and 4
6 6
S 2. PROPERTY (1-g8) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
' ALL T ~I~.~A'T_ C.E. RT. AI.~'I lot o~d~ieee of ground with buildfugs a~nd lmp~ ..... tsth .... rected, if any, known as:
t~ County of f.4. v -
n the Commonwealth of Pennsylvania Zip Code
Identification (e.g., Tax IIM/; Parcel #; Lot, Block; Deed Book, Page~ Recording Date)
18 w~ch will be p~d to Seller by Buyer ~ fullo~:
19 ~) Cash or ch~k at sig~g ~s A~ment $
20 (C) C~h ~ check wi~ days of ~e execution of this A~ment: $ .
~ (D) $
~2 ~) C~h, ~sMer~s or ce~fi~ ch~k at t~e of setdom~t: $~ ~ ' ~
~ ~sits p~d on account of pe~h~e p6ce to ~ held by Lis~ng Broker, uui~s o~c~ise s~ted h~e:
Z? m) SetUem~t to ~ made on or before: t~ IO I
~$ (I) Convey~ce from Seller wiU ~ by f~ ~ple deed of s~ciui w~n~ ~less o~e~ise stat~ he~:
(~) Payment of h~f~ ~ wiH ~ di~d~ ~uaHy ~tw~n Buyer ~d Seller u~s o~e~ise s~ted here:
(K) At ~e of setflemen; ~e follow~g wRl ~ adjustM grimm on a d~ly b~is betw~n Buy~ ~d Seller. re~b~ing wh~ app~cabin: mx~;
wi~ ~y o~er lienable municipal se~ice. ~ cha~g~ ~ m ~ pro-rated for ~e ~(s) core,d: Seller will ~y up to and including
37 4. FIXTURES & PERSONAL PROrI~I~I'¥ (1'mO0) 38
37
38 (A) INCLUDED in this sale and purchase price arc all existing items permanently installed in the Property, fret of hens. including plumbing; 38
39 heating; lighting fixtures (including chandeliers and ceiling fans); water trea~nent systems; pool and spa equipment; garage door openers 39
40 and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the 40
41 Property at the time of settlement; wall to wall canpeting; window coveting hardwares shades, bliRds; built-in air conditioners; built-in appli-
42. ~ ances;~l the range/?eJ un.l~s otherwise state4~f~iso i~cludod: /~// t'~ ~ ~ ~0J~-.~,.ff~
44 (B) LEASED items (items not owned by Seller).'-~ ~
4, (A)~[~UU~ve ~, ConC'~a~mer(~ti~c/a~op~ by tbe~S~tate R~49 pa. Code § 35.336.
50 (B) rt:~Bu~....¥e.t--al~d~Seller have received a statement of their respective estimated closing c~sts before nighing this Agreement. 56
61 (C) [~'-Buyer h~.~-s~'cq~-ed the Seller's Property Discinsure Statement before signing this Agreement, if reqnired by inw. (Se~ Notice, information 51
52 c_...~din g the Seller's Property Disclosure Act.)
5a (D) [] Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money)
~4 Agreement. before signing this
5§ (E) The following are part of this Agreement ff check~l~.n-
~a [] Saie & Settlement of Other Property ~,~{-~ I-] Settlement of Other Property Contingency Addendom (PAR Form 133) SS
s~ Contthgency Addendum mAR Porto 130) ~ ..... ~, [] ~.t-O=upi~d P~op~rty A_'ldoedum 0'6gy~TO~) _ '
. [] Sale&S~tl .... tofOtherProp~yCon~.gency [] ff.~Ct',r-/-C-oO r~_bt63/~gr/-~b~
§~ with Right to Continue Marketing Addendum []
(PAR Foon 131)
Buyer Initial .
Pennsylvania 4ssoci~Hon of
REALTORS~
MS.2K Page 1 of 8
Seller
86
87
89
93
94
96
97
99
100.
102
103
104
197
108
109
87 6. MORT?~'CoNTINGENCY {1'00)
68 ~ .[~IVED. This sale is NOT contingent on mortgage financing.
88 ~ ELECTED
(A) Tl~.is sale is contingent upon Buyer o~g m~~tga, ff~ ~n~cing ~s fullows: . ,~
1. ~o<t~fm~gageloan$ ./~ ~ ~O~. ' 71
2. MinimumTe~~y~:.. ~ ~
' 4. ~tmte ~-~%;however, Bu~ra~a~pt~einte~tra~asmy~mmit~b~themo~agelender, notto ,4
123
124
125
127
128
130
133
las (H)
136
140
142
143
144
146
147
150
153 Buyer Inltia
FHA/VA, IF APPLICABLE 117
CF) ~isexpmss~yagreedth~tn~Xwithstandingany~therpr~v~i~fthis~ntract~Buyerwi~n~tbe~bIi~atedt~c~m~tethe~umhase~f¢h~ 1'18
. perty~aesc.nnex~nerem~r`t~cy.r~nyp~na~ybyf~ettme~feamestm~n~ydep~lts~r~th~rw~u~Buy~ngiven'~acc~r~ 119
aance wtih HUD/FHA or VA_mqlq~.ments. a wfitlrn statement by the Fed~al Housing Commissioneq Veterans Administration, or a Direct 120
Endorsement Lender setting forth t~appralsed value of the Pmpe~y of not less than $ (the dollar amount to be 1~1
inserted is the sales price as stated in ~i~,Agreement). Buyer will have the privil~d option of proceeding w th consurmnation of the con. 12z
tract without regard to the .a.m.o. unt o_of the. ~rai~ed valuation. The appraise~.d..~.~ff~afion is mired at to detarmine the maximum mortgage tbe 128
Depamuent of Housing and Uffoan DevelopnX,~t will insure. I-IUD d~ot warrant the value nor the coedition of the Propen'y. Buyer should 124
satisfy himseff/berself that th_ e~ _price_and oonditi~f the ~ acceptable. 125
Warning: Section 1010 of 'fg~~in ~g and U~rhan Development provides ,,Wbeever for the puq,ose of influ-
encing in any way the action of such department. :~X. es, p~ses, utten or publishes any statament knowing the same to be false shall be 1
freed not more than $$.000 or imprisoned not. fie thim ~,~o years, or both." ' ' '
(G) U.S. Department of Housing and Urban~D.~evelopment (i~) NOTICE TO PURCHASERS:
Buyer's Acknowledgement / ~ 13~
[] .Buyer has recewed the ~fion:"C~et a Home inspection" (see Noticc~ and Information on Property Condition 131
inspections). Buyer understands the importance of gettlng an indepeedent home inspection and has thought about this before signing this
7. INSPECTIONS (1o08} 138
(A) Se~~erharebyagreest~permitinspecti~nsbyauth~rizedappralsers~reputab~ecea~ti~~rs~insurer~stepresentatives~survey~r~~muulcipul~~icia~s 1.'19
(C) Seller wiB have heating and all utilities (incleding fuel(s)) on for the inspectinns. 144
t~4 8. PROPERTY INSPECT/ON CONTINGENCY (1-00) ~ . ~ ~ , , ,
155 [] WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection and Enviromnental
t.5, 1§5
· _.~otices). BUYER WAIVES THIS OPTION and agrees to the RELETkSE set forth in paragraph 25 of this Agreement, 956
157 (~A) ~CTED
155 thru days of the execution of this Agreement, Buyer, at~Buyer,s expense, nmy chOOse to hay. inspections and/or certificafious com..
169 p!eted bY licensed °r °therwise qualified Prnfessionals (see Property Inspection and Environmental f~ofices). This canfingency does not apply 169
159 to the following existing conditions and/or items:
159
169 t ~ Option2 ~bt~..~. /P~'~'0¢.. P~,'~'~t,...~ ~./ I,a.J"a.,, ~,'
170 /~'Yt~. Acee~tthePro--rt with ..... ' ~"vn"F'v'~'~'"~ '~)~'~'c~t~'~u-~'"~'~g. 169
~ ~ · ~. ~.. 1~. y me ~nronnanon stated m the report(s) and agree to the RELEASE set forth in aaragratth 25 of thi~Am~ment 1
~f'*-~;~..L---""~ .~.~7.~-r-oatheto~costto .... t th~ conditions ¢ontained in the reporffs) is more than $ ( ~'OO.~ ".q-. ' .v~n~l-~ ~.:.'l~ ~,,
ff ~-"~. I ~' por~(a) EXCEEDS the amount spcofied ~n paragraph 8((~(Ovbon~2~ 1
:;; J a..S.c, ller. will. With~n/_t~ days of receiving thc report(s,, inform Buy. in wrtiing of Seller's choice to.p
--- ,,? Make repelrs before seRlemee, so that the remaining co~t to repair conthtion$ contained in the repo~t(s) is 1~4; ~h~;o~rr ~q~
175 the amount specified in p&ragraph ~ (C) (Option 2) 1. ' --
'tion(s), in accordance with applicable laws.
900 (c) ' ' ' .... · 199
291 ff the mspec~°n reveals damage from active t~festat~on(s) or prewous infestation(s), Buyer, at Buyer,s expense, hes tbe option to obtain a writ. 200
tee report by a professional contractor, home inspection service or st~cmra engineer that is limited to stsuetu/al damage to he Property caused
~92 by wood-destsoying organisms and a proposal to repair ~ damage. Buyer will daliver the structural damage report and corrective ro a
e03 ListingBmker if any otberwisetoSetier within '~"'-daysofdelivefin the , . . -- ' p pos o
ton (D) ' ' ~ g ong~nal mspoction relXnt. ,
Within 5 days of receiving the structural damage report and corrective proposal. Seller will advise Buyer whether Seller will repair, at Seller's,
265 expense and hefore setflemeet, any structural damage from active or previous infestation(s). 204
20~ (E) IfSe~erch~se~torepairstm~tura~damagerevealedbytherep~rt~Buyerag~est~a~ceptthePr~pertyasrepairedandngteest~theRELEASE 205
207 set forth in paragraph 25 of this Agreement.
2~ (F) If Sefier chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within 5 days of
26§ receiving Seller's notice, will notify Seller in writing of Buyer's choice to: 208
210
1, Accept the ProperVj with the defects revealed by the inspection, without abatement of price and agree to the RELEASE set forth in para-
211 graph 25 of this Agreement, OR 210
212 2, Make the repairs before settlement, if required by the mortgage leedcr, if any, at Buyer's expense and with Seller's permission, which will ~.t
Z13 not he umeasonably withheld, in which case Buyer accepts the Property Slid agre~ to the RELEASE 8et forth in paragraph 25 of this ~13
~-1~ Aggeement. If Seller denies Buyer permission to make the repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreeanent.
· 214
215 If Buyer ternfinates this Apl'cement. a/] depoait mon~es paid ua account of put,chase price shall he retarned piomptiy to Buyer and this 21~
215 Ag~emcnt will he VOID, OR
217 3. Temunat~thsAgreement ~nwhichcasealldep~tm~mespa~d~nacc~unt~fpumhescprtcew~he~ssumedprompQytoBuyerand 216
215 this Agreemant will he VOID. 217
~21 ~:f NOT APpLiCABLE ·
2gz · [] APPLICABLE
229 (A) Seller represents that: (check 1 OR 2) 222
224 [] 1. Seller has no knowledge concerning the prezeece of e-ad-based paint and/or lead-based paint hazards in or about the Pro 223
2~6 [] 2. Seller has knowledge of the presence of load-based pmnt and/or lead-based paint hazards in or about the Property. (provide~
29, determining that leed-bssed paint and/or hazards exist, the location(s), e hesis for
921 the condition of the painted surfaces, and other available informa. 226
~9 hon conccrmng Seller s knowledge of the presence of lead-based pemt and/or lead-ba~ed paint hazards.) .
929 ~B) Records/Reports (check I OR 2)
[] 1. Seger has no reports or records pertaining to lead-bas'ed paint and/or lead-based paint hazards in or about thc Propor~.
ri 2. Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards In or about
(C) Buyer's Acknowledgement
233
r&5 [] 1. Buyer has received the pamphlet Protect Your Familyfivm Leadin Your Home and has read the Lead Warning Statement contained in this
236 Agreement (See Environmental Notices).
237 Buyer's Initials 296
289 [] 2. · , . . Date 237
Buyer has rcwewed Seller s thsciosure of known lead-based pmnt and/or lead-based paint hazards, as identified in paragraph
~3~ h~e received the records and reports ponalning to lead-based paint and/or lead-b ' , . 10(A) and 93,
940 /~\~r's Inlfials ar, ed paint hazards ~dent]fied m paragraph 10(B).
2,11 Buyer Initials -- A/S-2K Page 3 of 8 Seller Inlti C 41
281
282
2~4
286
287
288
269
29O
293
294
295
296
297
298
3OO
3DI
352
3O3
304
3O0
307
308
3O9
310
312
314
315
316
319
320
321
326
329 Buyer Initials: _~
(D) ~RISK.~F~..SMENT/INSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residentia dwelling built before 1978, 2¢2
243, B~r, has a 10 day period (unless Buye~ and Seller agree n writh3g to a different period of time) to conduct a risk assessment or inspection of 243
244 ' ~i,, [ .p. rSpe~rty, for the presence of lead_based paint sod/or lead_based paint hazards'
245 .,~ ;_W_A~I~V~___D: Buyer understands that Buyer has the right to conduct a risk assessment or impection of the Property to determine the pr ...... f 244
246 lead-based paint and/or lead-based pmnt hazards. BUYER WAIVES THIS RIGHT and agrees to fhe RELEASE set foah in paragraph 25 of'
247 this Agreement.
248 [] ELECTED 247
245 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or tead-hasod 248
550 paint hazards. Thc risk ass~sment and/or inspection will be completed within days of the execution of this Agreement (insert 250
251 "10" unless Buyer and Seller agree to a different period of time). 251
252 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or 252
lead-based paint lmzards, Buyer may deliver to LIsting Broker, if any otherwise to Sel er, a written list of the specific hazardous
284 c~odill~nsctedintherep~rtandth~sec~rrecti~nsrequestedbyBuyer~a~ongwithac~py~ftheriskassessmentand/~rinspec~nrep~rt. 254
2~ days °f recexv]ng tbe tist and report(s)' submxt a written c°rmchve Pr°IX~Sai to Buyer. The cowecllv~ propesal 355
will inn/ode, but n°t be limited te, the name of the remediafion company and a completion date for eorrecllve measures. Seller will pro.
vide cmBcatmn from a risk assessor or inspector that correcave measures have been made satisfactorily on or before the completion date.
25t~ 4. Upon receiving the corrective proposal, Buyer, within 5 days, will: 25?
265 oA~Cept the c°rreeave Pr°posal and the Property m writing' and agree to the RELEASE set f°rth ni paragraph 25 of this Agreement,
25~ b. Terminate ~ Agreement in writing, in which case ail deposit monies paid on account of purchase price will be returned promptly 260
262 to Buyer and this Agreement wil/be VOID. 251
2~ 5. Should Seller fall to submlt a written corrective proposal within the time set for th in paragraph l 0(D)3 of this Agreement, then Buyer, 2~3
254 within 5 days, will:
265 a. Accept the Pmpurty in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 264
255 b, Terminate this Agn~ment in writing, in which case all deposit monies paid on account of ptuchase price will be returned promptly
257 to Buyer and this Agreement will be VOID.
268 (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their mspucfive statement, to the best of their knowledge.. 255
25~ IL RADON CONTINGENCY
270 (A) Seller represents that: (check appropriate ~esponse(s)) 259
~1 [] 1. Seller has no knowledge concerning the presence or absence of radon. 270
272 [] 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canistei; alpha track, etc.), and with the 272
273 ~snlta of all testa indicated below:
z74 DATE TYP~ OF TEST RESULTS (picocuries/liter or working levels) 213
275 COPieS OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this AgreelnetlL SELLER DOES NOT WARRANT 275
gig EITHER THE IVlL*rHODS OR RESULTS OF THE TESTS.
279
[] 3. · Seller has knowledge that the Proporty underwent radon reduction measures on the date(s) and by the method(s) indicated below: 250
DATE RADON REDUCTION IvlIEI'HOD
ED. Buyer undersLaflds that Buyer has the option to request that the Property be inspected for radon by a certified ins tor see Rad 284
· ~ ~N.o~ce). BUYER WAIVES THIS OPTION and agre~ to thc RF&EASE set forth in paragraph 25 of l/tis A~ment puc ( on 265
(B)Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property and will deliver a copy of the test 280
purt to Listing Broker, if any; otherwise to Seller, within -- days of the execution of this Agreement. (See Radon Notice.) 269
330 12. STATUS OF~yAWER (1-00)
331 . (A) S__eller~res~nts that this ptoporty is served by:
· Public Water
33, ..~ ' ~iite Water
334 [] Communi~ Water
aa5 [] None
340 []
33? (B) WATER SERVICE LNSPECTION CONTINGENCY
331
332
334
338
339
341
344
345
346
348
346
360
351
353
354
355
357
358
359
360
361
3~ 13. STATUS OF~.~EWER (1-00)
363 (A) S_eli~"feprescnts that progetty is served by: 3§2
364 ~ Public Sewer 353
364
340 ~[] Individual On-lot Sewage Disposal System (See Sewage Notice 1) 365
340 [] Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 340
367 [] Community Sewage Disposal System 367
a§8 [] Ten-acre Permit Exemption (See Sewage Notice 2) 36B
369 [] Holding Tank (See Sewage Notice 3) 389
3?0 [] None (See Sewage Notice 1) 3?0
371 [] None Available/Permit Limitations in Effect (See Sewage Notice 5) 371
372 [] $;'2
WAIVED. Buye~ acknowledges that Buyer has the option to request an inspection of the water service for die Property. BUYER WAIVES 338
373 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 373
374 [] . WAIVED. Buyer acknowledges ~hat Buyer has the option to request aa individual on-lot sewage disposal inspection of the Property. BUYER 3;4
[] EL~
408 14. NOTICES, ASSESSMFANTS & CERI'IIqCATEfil OF OCCUPANCY (1-O0) 440
(A) ' ' ' · · . .
416 415
4'18 (B) Seller knows of no other potential notic~ (including violations) and asse~ments except as follows: 410
421 netify Buyer in writing, within 5 days of receiving the notice or assessmefit, that Sellet will:
422 1. Comply with notices and asse~menta at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 422
423 in p~tragraph 25 of this Agreement, OR 423
424 2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in writing flint Buyer 42¢
426 a. Comply with notices and a~essments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
442 Buyer terminates this Agreement, all depesit monies paid on account of purchase price will be returned promptfy to Buyer and this Agreement
4,14 15. TITLE, SURVEYS & COSTS (1-00) 444
450 a~ specified in paragraph 15(A), Buyer will have the opllon of taking such title as SeUer can give without changing the p/ice or of b~ing repaid 4§~
452 specified in paxagraph i 5(C) and in paragraph 15(D) items (1), (2), (3); and in the Jatter event there will he no thrtber liability or obligetion on 452
455 legai description of the PropoIty (or the correction thereof), will be secured and paid for by Seller. However, any sun, ey or surveys desired by ~55
456 Buyer or required by the mortgage lender will be secured and paid for by Buyer. 450
4,~7 (D) Buyer will pay for the following: (1) The premium for mechanim lien insurance and/or title seaxch, or fee for cancellation of same. if any; 457
450 (2) The premiums for flood insurance and/or Bre insurance with extended coverage, insurance binder charges or canceliation fee, if any; 458
459 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customa~7 settlement costs aud aeemais.
480 16. ZONING CLASSIFICATION (1-00)
48~ Faihre ~f tltis Agreement t~ c~ntain the z~mg ~lassi~ati~n (ex~ept in case.s wbere the pr~perty { and eaeh paree~ tbere~f~ if subdividab~e } is z~ned
~Sa tendered by the Buyer will be ret~r~ tbe~_ uyq~itho~ any mquilement for court action.
Agreem.ent~...Jv/41%e.. VOID, m which case ail deposit momes paid on account of purchaae price will be returned promptly to Buyen Buyer,s
471 17. CL, IWAL NOTICE 470
472 ~ NOT APPLICABLE , 471
4m ~ [] APPLICABLE 422
477 notice is set forth in the maralcr pmvidad hi Section 1 of the Act of luly 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the 477
478 fight of protection against subsidence i'~ulting from coal mining operations, and that the property described her~in may be protected from damage 475
482 18. POSSESSION(I-gS) 482
4~I 1. Physical poasesaion to a vacant building (if any) b~oom-clean, flee of debts at day and time of ~ttiemcnt, AND/OR 484
4~ 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is tenant-occupind at the
489 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing ~aid lease(s) at ,tss
4~ 19. REC~RD~NG~3~8§~ThisA~eementwilln~tberec~rdedinth~cef~rtheRec~rding~fDeeds~rinany~the~fl~ce~rp~ac~fpub~icrec~rd 400
402 20. ASSIGNMENT(3-85) ThisAg~eementwi~bebindingupantbepa~iea~tbeirr~sp~x:~veheirs~pers~na~representa~ves'guardiansandsuccess~r& 49~
~05 21. DEPOSIT & RECOVERy FUND (1-00) 409
50~ costs/6~ broker(s) and licensee(s) will be paid by the pa~ joining them.
~ Buyer I~itta~ ~ A/S4K Page ~ uf 8 Seller laffia
505 (C~ A Real Estate Recovery Fund exists to rehnburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 505
957 linensae owing to fraud, misrepresentation, or deceit in a real estate transaction and who bave been unable to collect the judgment after exhaust- 591
555 ing,,g~ legal and equltable remedies- For complete details ab°ut the Fund: call (717) 783-3658, or (800) 822-2113 (within Pem~sylvania) and
950 (.~7) 783-4854 (outside Pennsylvania). ' ' 995
519 22. CO~'DOMIN1UM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1.O0) 510
911 ' NOT APPLICABLE
923 Buyer acknowledges that the Propert3' is a unit of a condominium tilat is pfimatily mn by a unit owners' association. §3407 of the Uniform 513
5ts Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of the condominium declaration
529 (other than plats and plans), the bylaws, and the rules and regulations of the association. 925
929 [] APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION)
917 Buyer acknowledges that the Propelx'y is par t of a planned community as dsfmed by the Uniform Planned Community Act, (See Definition of
925 Planned Community Notice for tbe defi~/tion contained in the Act). §5407(a) of tbe Act requires Seller to furnish Buyer with a copy of the 92
5t§ Dec~axed~n(~therthanp~atsandpians~theby]aws~theru~esandrege]ati~ns~ftheassociati~n~andaCerti~catac~ntainingthepr~visi~nsset 52~
950 forth in §5407(a) of the Act.
50~ (A) Within days of the execution of this Agreement. Seller will submit a request to the association for a Certificate of Resale and the doc- §it
501 uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within 50~
5~3 10 days of Seller's request. 503
524 (B) UedertheAct~Setieri~n~t~iabl~t~Buy~rforthcfoiIureordelay~fthca~ociationtoprovidstbeCcrti~cateinat~mefymanner~norisSeHer 5?4
5~ liable to Buyer for a~y erconeous information provided by the association and included in the Certificate. 925
~5 (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the a~sociafion documents and for 5 days thereafter, OR until 92§
527 settlement, whinbev~r occu~ first. Buyer's notice declatng this Agreement void must be in writing; thereafter all deposit monies will be 5~7
~9 returned to Buyer.
509 (D) Intheeventtheass~ciati~n~mstherighttobuythePr~perty(~ght~f~rstreInsal)~aedtbeas~ocia~nexerei~esthat~ght~Se~erwi~reimbur~e
959 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) The premium for mechanics lien
531 insurance and/or fide search, or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or rue insurance with extend- 931
~ ed coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; 939
~a (4) Buyer's customaD~ settlement costs and accruals. 933
50¢ 23. MAINTENANCE & RISK OF LOSS 0-00) 950
939 (A) Seller will maintain the Property, grounds, fixture~, and any personal property specifically scheduled herein in its preterit condition, normal 999
539 wear and tear excepted. .
537 (B) In the event any system or appliance included Lq the sale of the Property falls and Seller does not repair or replace thc item. Seller will promptly 937
935 notify Buyer in writing of Seller's choice to: 595
~§ 1. Repah' or replace the failed system or appham:e before settlement or credit Buyer at settlement for the fair market value of the failed sys-
~99 tern or appliance (this optinn mu~t be acceptable to the mortgage leede~; if any). In each ca~e, Buyer accepts the prol~rty and agrees to
502 the RELEASE set forth ni paragraph 25 of this Agreement, OR
949 2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system or appliance, in which 542
503 case Buyer will notify Seller in writing within 5 days or before settlement, whichever i~ sooner, that Buyer will: 5~3
504 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
5~ b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 545
949 and this Agreement will be VOID. 5¢9
947 (C) Seller will bear risk of loss from fire or other casualties until time of settlement. In the event of damage by rue or other ca~ualties to any prop- 59!
949 erty included in this sale that is not repaired or replaced prior to settie~nent, Buyer will have thc option of rescinding this Agreement and
949 promptly receiving ali monies paid oil account of purchase price or of accepting thc Prope~y in its then condition together with the proceeds
550 , of any insurance recovery obtoJnablc by Seller. Buyer is h~rcby nofitied that Buyer may insttre Buyer ,s equitable interest In fids Property as of 950
502 the time of execution of this Agreement. 952
992 24. WAIVER OF CONTINGENCIES (1-00) 559
a~a fo the event t~is Agreement is c~n~ngent ~n Buy~r~s right to inspect and/~r repair the Property~ Buyer~s faiinre t~ exercise any ~f Buyer~s ~pti~ns
994 within the time llmti~ specified in the contingency prorision(s) will constitute a WAIVER of that contingency and Buyer accepts the Proper ty
9r~ - and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ' 955
~ 25. RELEASE (1-00) Buyer hereby releases, quit etsbns and forever discharges ~ELLER, ALL BROKERS, ~helr LICENSEES, EMPLOY- 55~
~7 EES, and any OFI~CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or
5~9 through them, from any and all claims, losses or demands, including, but not limited a), personal Injuries and property damage and all of 559
~59 the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, radon,
SC~ lead-based paint hazards, environmental hazards, any defects in the individual on-lot sewage disposal system or tieflcisncle, s in the on-site
502 water service system, or any defects or conditions on the Property. This release will survive settlement.
592 26. REPRESENTATIONS(l-00)
575 27. TIME OF THE ESSENCE-DEFAULT (1-00} 979
590 0~) .......
587 ~[~'~"bs:Ire: is limited to retaining sums paid by Buyer, including deposit monies, as hquidated demages. 59i'
/
§114 28. BROKERS {1-00} The Business Relationships between the Broker(s) and Seller and Buyer are as follows, UNLESS a different relationship is ,5q4
~o§ 29. MEDIATION (7-96) 607
621 ~tm~[c~ Tn PARTIE~ WHEN $IGNEI~FIS. ItIS AGREEMENT IS A BINDING CONTRACT. Return by~fa~..im!le.! .ran~mi~i_°~_(nFaArXe)a~f..
63~ WITNESS. SS #
632 Buyer Name (,print) - 633
633 M~ailing Address _ E-Mall 634
643 of/fm~ ~e heroin s~c~cd s~e ~ce. ~ ~e event Buyer def~l~ he.un.r, any momes paid on ~ount Wla ~ mVl~ - ~. 644
~4 Seger
647 Sell~ ~e (print) - 648
648 Mailing Address. E-Mail e49
651 WITNES SEL -
~sa ~g Ad~s _ ~M~I 654
667 ~ R~arding mA Mor~ag.: ~e undc.lgncd Lt~m~ ,nvoly~ m ~.--s~?T,yn ~1 of I
SELLER'S COPY
SUSAN D. KOELLNER,
Plaintiff
VS,
JAMES M. CORISH and
JILL A. CORISH,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204 CIVIL TERM
JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE
I hereby enter my appearance for the Defendants, James M. Corish and Jill A.
Corish, in the above-captioned action. I acknowledge receipt of a true and correct copy of
the Complaint filed in the above action on behalf of the Defendants on ~'~'~/
2002.
STEVENS & LEE ~
Mark D. Bradshaw
P.O. Box 11670
Harrisburg, PA 17108-1670
Supreme Court ID #
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
ORDER
AND NOW this day of . upon consideration of Defendants'
Preliminary Objections in the nature of a demurrer to the Complaint, and the Court having
reviewed any opposition to the Motion, it is hereby ORDERED that Plaintiff's Complaint is
hereby dismissed with prejudice.
BY THE COURT:
Jo
02/15102/SL1 238422v 1/64390.002
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW COMES Defendants James M. Corish and Jill A. Corish (collectively
"The Corishes"), by and through their attorneys, Stevens & Lee, and file the within Preliminary
Objections the nature of demurrer as follows:
1. Plaintiff instituted this action by way of Complaint filed in the Court of
Common Pleas on or about January 15, 2002.
2. Defendants accepted service of the Complaint on January 25, 2002.
Therefore, these Preliminary Objections are timely.
3. Plaintiff, Susan D. Koellner ("Koellner"), resides at 2800 West
Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. Complaint, ~[ 1.
4. Defendants James M. Corish and Jill A. Corish, husband and wife, reside
at 7 Mandy Lane, Dillsburg, York County, Pennsylvania. Id. at ~l 2.
5. The Corishes previously resided at 2800 Rosegarden Boulevard,
Mechanicsburg, Pennsylvania.
6. On or about April 26, 2001, Plaintiff and Defendants entered into a written
agreement for the sale of real estate (the "Agreement") for the property at 2800 West Rosegarden
Boulevard (the "Property"). Id. at ~[ 5.
1
02/15/02/SL1 238422vl/64390.002
7. Prior to the ~xecution of the.Agreement, Defendants supplied a Seller's
Property Disclosure Statement (the "Disclosure Statement") to the Plaintiff. Id. at ~[ 4.~
8. The Disclosure Statement sets forth in relevant part:
This statement discloses Seller's knowledge of the
condition of the Property as of the date signed by Seller and
is not a substitute for any inspections or warranties that
Buyer may wish to obtain. This Statement is not a
warranty of any kind by Seller or a warranty or
representation by any listing real estate broker, any selling
real estate broker, or their licensees. Buyer is encouraged
to address concerns about the condition of the property that
may not be included in this Statement.
Exhibit A, 1:7-10 (emphasis in original).
9. The Disclosure Statement also stated in relevant part that "a Seller must
disclose to a Buyer all new material defects about a Property being sold they are not readily
observable." Id. at 1:4.
10. The term material defect was defined in the Disclosure Statement as "a
problem with the Property or any portion of it that would have a significant adverse impact on
the value of the residential real property or that involves an unreasonable risk to people on the
land." Id. at 1:12-13.
11. Finally, when Plaintiff signed an acknowledgment of receipt of the
Disclosure Statement, she also agreed to the following:
The undersigned Buyer acknowledges receipt of this
Disclosure Statement. Buyer acknowledges that this
Statement is not a warranty and that, unless stated
otherwise in the sales contract, Buyer is purchasing this
property in its present condition. It is Buyer's
responsibility to satisfy himself or herself as to the
condition of the property. Buyer may request that the
property be inspected, at Buyer's expense and by qualified
While the Seller's Property Disclosure is attached as an exhibit to the Complaint, a copy has been appended hereto
as Exhibit "A" for the convenience of the Court.
2
02/15/02/SL1 238422v 1/64390.002
Id. ~ 4:237-248.
12.
13.
professionals, to determine the condition of the structure or
its components.
The Agreement set forth a purchase price of $159,900. Complaint at ~ 5.
It is alleged that "Plaintiff specifically relied upon the statements and
representations made by Sellers in the Property Disclosure Statement." Id. at ~[ 6.
14. Also, part of the Agreement was a provision whereby the title to the
Property would transfer in June 2001; however, Buyer permitted Sellers to occupy the Property
until November 2001. Id. at ~[ 7.
15. It is alleged that, in or about November 2001, when Buyer took physical
possession of the Property, that "Plaintiff discovered serious, extensive, and permanent stains in
the carpeting in the living room, dining room, and two upstairs bedrooms." Id. at ~[ 8.
16. Plaintiff has alleged that she has or will incur damages of approximately
$3,000.
PRELIMINARY OBJECTION IN THE NATURE OF
A DEMURRER AS TO COUNTS I & II OF THE COMPLAINT
17. Defendants repeat and reallege the preceding paragraphs of these
Preliminary Objections as if set forth at length herein.
18. Rule 1028(a)(4), Pa. R.Civ.P., permits the filing of Preliminary Objections
when the Complaint fails to set forth a claim upon which relief can be granted.
19. Plaintiff purports to set forth a claim for breach of the Agreement in
Count I of the Complaint and a claim for misrepresentation related to the Disclosure Statement in
Count II of the Complaint.
3
02/15/02/SL1 238422v 1/64390.002
20. In order to set forth a claim for breach of contract, Plaintiff must
demonstrate the existence of a contract, full performance by Plaintiff, failure to perform on the
part of Defendants, and resulting damages.
21. In order to sustain a claim for misrepresentation, Plaintiff must
demonstrate, by clear and convincing evidence, that a misrepresentation was uttered, with the
intent by the Maker that the recipient would be induced to act, followed by justifiable reliance by
the recipient and resulting damages.
22. Furthermore, in the context of real property sales, the written Agreement
and Disclosure Statement merge into the Deed on the day of Closing, and the Deed therefore
becomes the only "Contract" which survives Closing and upon which Plaintiff can claim any
reliance.
23. Closing in this matter occurred in June 2001.
24. Therefore, Plaintiffs actions are limited to breaches of the warranties
contained in the Deed, if any, and she may not now sue on the Agreement, much less the
Disclosure Statement.
25. As the Agreement and Disclosure Statement have no force and effect after
the Closing due to the merger doctrine, Plaintiff cannot plead a breach of contract claim based on
the Agreement or a misrepresentation claim based on the Disclosure Statement.
WHEREFORE, Defendants request that this Honorable Court sustain this
Preliminary Objection in the nature of a demurrer as to Counts I & II of the Complaint and
dismiss the Complaint with prejudice.
4
02/15/02/SL1 238422v 1/64390.002
ALTERNATIVE PRELIMINARY OBJECTION IN THE NATURE OF
A DEMURRER AS TO COUNT II OF THE COMPLAINT
26. Defendants repeat and reallege the preceding paragraphs of these
Preliminary Objections as if set forth at length herein.
27. Should this Honorable Court determine that the Disclosure Statement does
not merge into the Deed at Closing, then Defendants set forth this alternative preliminary
objection in the nature of a demurrer as to Count II.
28. Rule 1028(a)(4), Pa. R.Civ.P., permits the filing of a Preliminary
Objection when Plaintiff has failed to set forth a claim upon which relief can be granted.
29. Plaintiff purports to allege a claim for misrepresentation in Count II of the
Complaint.
30. In order to sustain a claim for misrepresentation, Plaintiff must
demonstrate, by clear and convincing evidence, that a misrepresentation was uttered, with the
intent by the Maker that the recipient would be induced to act, followed by justifiable reliance by
the recipient and resulting damages.
31. Under Pennsylvania law with respect to real property disclosures, a Buyer
may not rely on the representations of the Seller or Seller's agent where there is an express
disclaimer in the document, upon which Plaintiff purportedly relied, expressly notifying such
buyer that the document does no.__[t create a warranty and/or that the Buyer should no.~t rely on the
statements contained therein.
32. It is undisputed that the Disclosure Statement contains disclaimers in it
notifying the Buyer that it is not the substitute for a Buyer's inspection, should not be relied
upon, and did not create any warranties.
33. As there was an effective disclaimer within the Disclosure Statement, no
claim for misrepresentation can lie.
5
02/15/02/SL1 238422v 1/64390.002
WHEREFORE, Defendants respectfully request that this Honorable Court sustain
its Preliminary Objection in the nature of a demurrer as to Count II of the Complaint and dismiss
Count II of the Complaint with prejudice.
1V~'~k-D. Brads~w
Attorney I.D. No. 61975
Todd R. Bartos
Attorney I.D. No. 84279
4750 Lindle Road
P.O. Box 11670
Harrisburg, PA 17108-1670
717-561-5242
6
02ff 15/02/SL1 238422v 1/64390.002
Exhibit A
SELLBR'S P~t~ OPBRTY DISCLOSURE STATEMENT
n (b) ~uve t~m ~a ~y ~ II,n8 ~ ~ h~ ~ o~ s~ ~g ~ o~p?
~ ~. R00~ .......... ,
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~e (c) ~ you ~ow of ~y pm~s wi~ ~ ~t ~ ~ ~s~f. ~ Y~. ~Na u
(n) ~* ~ ~ have · ~mp ~p? ~ Y~ ~No G U~
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ff, ,,
a 5. TERMXT~OOD-D~rR~G ~F~S, DR~, ~STS' .
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~ect~n ~4~7 ~ ~ ~n~m P~a~d ~ A~ [~ ~a~ ~. ~ (te~ng t~ re~a~e r~ un~)~ a b~ ~ a ~Me ~n~ ~ a ~
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SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, TODD R. BARTOS, ESQUIRE, certify that on this date, I served a certified
true and correct copy of the foregoing Preliminary Objections upon the following counsel of
record, via First Class U.S. Mail, prepaid, addressed as follows:
Samuel L. Andes, Esq.
525 North Twelfth Street
Lemoyne, Pennsylvania 17043
Date: February ! 3--, 2002
7
02/15/02/SL1 238422v 1/64390.002
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A. CORISH
Defendants
State the matter to be argued:
Identify counsel who will argue
a) For Plaintiff:
b) For Defendants:
I will notify all parties in writing
been listed for argument.
Argument court date:
Dated:
No. 02-204
Defendant's Preliminary Objections
case:
Samuel L. Andes, Esquire
525 North 12th Street
Lemoyne, Pa 170434
Todd R. Bartos, Esquire
P.O. Box 11670
Harrisburg, PA 17108-1670
within two days that this case has
27 March 2002
Attorney for Plaintiff
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-0204 CIVIL
JURY TRIAL DEMANDED
IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANTg
BEFORE BAYLEY AND HESS, J.J.
ORDER
AND NOW, this -~ '~" day of March, 2002, following argument thereon, the
preliminary objections of the defendants are DENIED.
BY THE COURT,
Samuel L. Andes, Esquire
For the Plaintiff
Todd R. Bartos, Esquire
For the Defendants
yti~ A. Hess, J.
:rim
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PI.EAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
TO:
Samuel L. Andes, Esquire
525 N. Twelfth Street
Lemoyne, PA 17043
NOTICE TO PI.F. AD
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.
Date: April ~__~, 2002
STEVENS & l ~EE
Attorney I.D. No. 61975
Todd R. Bartos, Esquire
Attorney I.D. No. 84279
P.O. Box 11670
Harrisburg, PA 17108-1670
Attorneys for Defendants James and Jill Corish
SLI 252200vl/64390,002
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PI~EAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW COMES DEFENDANTS, James and Jill Corish, by and through their
attorneys, Stevens & Lee, and set forth the following Answer With New Matter To Plaintiff's
Complaint as follows:
1. Defendants James and Jill Corish (hereinafter, Defendants) admit the
allegations contained in Paragraph 1 of the Complaint.
2. Defendants admit the allegations contained in Paragraph 2 of the
Complaint.
3.
Complaint.
Defendants admit the allegations contained in Paragraph 3 of the
4. Defendants admit that in April 2001 they listed property for sale with a
real estate agent. Additionally, Defendants completed a sellers' property disclosure statement,
the terms of which speak for itself.
Defendants admit the allegations contained in Paragraph 5 of the
o
Complaint.
6.
Defendants deny allegations contained in Paragraph 6 of the Complaint.
Plaintiff at no time communicated any indicia of reliance on any of the statements contained in
SL1 252200vl/64390.002
the sellers' disclosure statement. By way of further answer, prior to closing, Plaintiff entered
Defendants' residence and specifically took measurements of all of the carpeted areas and
communicated to Defendants that she desired to replace the carpeting.
7. Defendants deny the allegations contained in Paragraph 7 of the
Complaint. The settlement on the property occurred in June 2001, and, pursuant to an agreement
between the parties, Defendants remained in possession of the property until November 2001.
By way of further answer, the disclosure statement and sales agreement both contained specific
representations by Plaintiff that she either inspected the property or waived her fight to do so.
Plaintiff desired to replace the carpeting at the time she purchased the property. Furthermore, to
the extent that the condition of the flooring was a factor in the decision to purchase the property,
that condition is reflected in the sales price.
8. Defendants deny the allegations contained in Paragraph 8 of the
Complaint. At no time were there "serious, extensive and permanent stains in the carpeting in
the living room, dining room and two upstairs bedrooms" in the property. Furthermore, as set
forth above, Plaintiff communicated a desire to replace all of the carpeting in the house, and
even took measurements to do so. Furthermore, Plaintiff avers that she conducted "prior
inspections" of the house; however, her inspections must be deemed to be full and complete as
she signed representations attesting to the same.
9. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the troth of the averments contained in Paragraph 9
of the complaint.
10. Defendants admit that Plaintiff demanded that Defendants reimburse her
for the cost of replacing the carpet; however, Defendants denied these requests because, pursuant
SLI 252200v 1/64390.002
to the specific terms of the agreement of sale and the deed to the property, defendants were not
responsible for Plaintiff's decision to replace the carpeting in the home.
COUNT I
CONTRACT
11. Defendants repeat and allege the preceding paragraphs of this Answer
With New Matter as if set forth at length herein.
12. The allegations contained in Paragraph 12 of the Complaint constitute
legal conclusions to which no response is required. To the extent a response is required,
Defendants deny the allegations contained in Paragraph 12 of the Complaint.
13. The allegations contained in Paragraph 13 of the Complaint constitute
legal conclusions to which no response is required. To the extent a response is required,
Defendants deny the allegations contained in Paragraph 13 of the Complaint.
WHEREFORE, Defendants demand judgment against Plaintiff dismissing the
Complaint with prejudice.
COUNT II
MISREPRESENTATION
14. Defendants repeat and allege the preceding paragraphs of this Answer
With New Matter as if set forth at length herein.
15. Defendants deny the allegations contained in Paragraph 15 of the
Complaint. Defendants disclosed all known material defects, if any existed, pursuant to the
mandate of the Real Estate Sellers Property Disclosure Act. Plaintiff was pemfitted ample
opportunity to inspect the premises and chose not to avail herself of that right. Furthermore, the
disclosure statement and agreement of sale upon which Plaintiff bases her claims contain express
disclaimers to the effect that Plaintiff was not relying on any representations of sellers and could
conduct her own inspection or, if she did not, was waiving her right to do so.
3
SLI 252200v1164390.002
16. Defendants deny the allegations contained in Paragraph 16 of the
Complaint. Defendants disclosed all known material defects, if any existed, pursuant to the
mandate of the Real Estate Sellers Property Disclosure Act. Plaintiff was permitted ample
opportunity to inspect the premises and chose not to avail herself of that right. Furthermore, the
disclosure statement and agreement of sale upon which Plaintiff bases her claims contain express
disclaimers to the effect that Plaintiff was not relying on any representations of sellers and could
conduct her own inspection or, if she did not, was waiving her fight to do so.
17. Defendants deny the allegations contained in Paragraph 17 of the
Complaint. Defendants disclosed all known material defects, if any existed, pursuant to the
mandate of the Real Estate Sellers Property Disclosure Act. Plaintiff was pemfitted ample
opportunity to inspect the premises and chose not to avail herself of that right. Furthermore, the
disclosure statement and agreement of sale upon which Plaintiff bases her claims contain express
disclaimers to the effect that Plaintiff was not relying on any representations of sellers and could
conduct her own inspection or, if she did not, was waiving her right to do so.
18. Defendants deny the allegations contained in Paragraph 18 of the
Complaint. Defendants disclosed ail known material defects, if any existed, pursuant to the
mandate of the Real Estate Sellers Property Disclosure Act. Plaintiff was permitted ample
opportunity to inspect the premises and chose not to avail herself of that fight. Furthem~ore, the
disclosure statement and agreement of sale upon which Plaintiff bases her claims contain express
disclaimers to the effect that Plaintiff was not relying on any representations of sellers and could
conduct her own inspection or, if she did not, was waiving her right to do so.
WHEREFORE, Defendants demand judgment against Plaintiff dismissing the
Complaint with prejudice.
SL1 252200vl/64390.002
4
NEW MATTER
1. Plaintiff has failed to state a claim upon which relief can be granted.
2. Plaintiff's claims are barred by operation of the Merger Doctrine.
3. Plaintiff's claims are barred because she affirmatively represented that she
was not relying on any representations.
4. Plaintiff's claims are barred because she already intended to replace the
carpet.
Dated:
STEVENS & LEE
Attorney I.D. No. 61975
Todd R. Bartos, Esquire
Attorney I.D. No. 84279
P.O. Box 11670
Harrisburg, PA 17108-1670
Attorneys For Defendants James and Jill Corish
SLI 252200vl/64390.002
SUSAN D. KOELLNER,
Plaintiff
VS.
JAMES M. CORISH and JILL A.
CORISH,
Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendants, James M.
C.ori.sh and Jill A.. Cori$h's Answer With New Matter To Plaintiff's Complaint was served this
~ '/ day of ~/t .' ( ,2002, by first class mail, postage prepaid, upon the following:
Samuel L. Andes, Esquire
525 North 12th Street
LeMoyne, PA 17043
Todd R. Bartos, Esquire
SL1 252200vl/64390.002
VERIFICATION
I, JAMES M. CORISH, verify that I am the Defendant in the within action; that
the attached Answer with New Matter is based upon the facts of which I have personal
knowledge or information furnished to me by counsel; that the language of the document is that
of counsel and not my own; and that the facts set forth in the foregoing document are true and
correct to the best of my knowledge, information and belief. I understand that the statements
herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification
to authorities.
Date: April ~ 2002
SLI 252200vl/64390.002
VERIFICATION
I, JILL A. CORISH, verify that I am the Defendant in the within action; that the
attached Answer with New Matter is based upon the facts of which I have personal knowledge or
information furnished to me by counsel; that the language of the document is that of counsel and
not my own; and that the facts set forth in the foregoing document are true and correct to the best
of my knowledge, information and belief. I understand that the statements herein are made
subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities.
Date: April 2~, 2002
SLI 252200vl/64390.002
SUSAN D. KOELLNER,
Plaintiff
VS,
JAMES M. CORISH and
JILL A. CORISH,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFF'S REPLY TO NEW MATTER
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following Reply to Defendants' New Matter:
1. The statements made in Paragraph 1 of Defendants' New Matter merely state
conclusions of law and are not factual averments and, therefore, no answer is required. To
the extent an answer is deemed appropriate, Plaintiff denies that her complaint does not
state a lawful claim on which this Court can grant her the relief she has requested.
2. The statements made in Paragraph 2 of Defendants' New Matter merely state
conclusions of law and are not factual averments and, therefore, no answer is required. To
the extent an answer is deemed appropriate, Plaintiff denies that her claims are barred by
the doctrine of merger and avers, to the contrary, that her claims survive the delivery of the
deed and are well-founded in the law of Pennsylvania.
3. The statements made in Paragraph 3 of Defendants' New Matter merely state
conclusions of law and are not factual averments and, therefore, no answer is required. To
the extent an answer is deemed appropriate, Plaintiff denies that she affirmatively
!
represented that she was not relying on any representations and avers, to the contrary,
that the document signed by the parties and the law of Pennsylvania make it clear that she
was relying upon truthful disclosure by the Defendants.
4. Denied. Plaintiff did not intend to replace the carpet until she found it was
damaged beyond economic repair.
WHEREFORE, Plaintiff prays that judgment be entered for her in accordance with her
original complaint.
S'~'~el L. And~
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12TM Street
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
DATE: ,.,~'~,~ ~--~) I
Susan D. Koellner
SUSAN D. KOELLNER,
Plaintiff
VS,
JAMES M. CORISH and JILL A. CORISH,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204
Rule 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following
form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Samuel L. Andes, counsel for the Plaintiff in the above action (or actions), respectfully
represents that:
1, The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is 93,029.93 plus interest.
The counterclaim of the Defendant in the action is none.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators: Todd R. Bartos, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
~ AND NOW, ~ ~-~z~ , 200~3, in consid(Jr~tion of t~e foregoing petition,
'~..~_~x.~.'.//~.,~F/~.~ j, , Esquire,//____~.~7;'M~./1"//~,..~<~.~/ , Esquire, and
,,~'.,,.,~..~..~ .,~.~, ~ .~,~, Esquire are appointed arbitrators in the above-captioned action (or
actions) as prayed for,
BY THE~
OATH
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of
AWARD
We, the und~signed arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
~ote: If damages for delay are awarded, they shall be separately stated.)
· Arbit~trator.,dissents. (insert name if.a, pp~icable.) ~
Date of Hearing: ~////0/-/ ~
NOTICE OF ENTRY OF AWARD
Now, the t t4C. ~y of ~ar~t, ,20Cq, att~S~ .M., the above
was entered upon ~e docket ~a notice th~eof giv~by mail ty the ~ie~ ~eir a~omeys.
~ibi~ators'comp~safion to be %'~ ~' 4 ~ ~'~
Paid upon appeal: ~o~o~o~ '/1 ~ ~
$290.00 By: ~ fA' f~ ~
SUSAN D. KOELLNER,
Plaintiff
VS,
JAMES M. CORISH and
JILL A. CORISH,
Defendants
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-204 CIVIL TERM
JUIF~Y TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter "settled and discontinued" and satisfy the
award of arbitrators entered in this matter.
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361