HomeMy WebLinkAbout11-3635F!0 ED-01FF1
017 THE
OWENS, BARCAVAGE AND MCINROY LLC
BY: Andrew T. Kravitz, Esquire, E f' 13 N1 4- 7
Attorney I.D. No. 80142 CUMBERLAND COO` 'TY
2595 Interstate Drive, Suite 101 PEt!N YLVA I6A
Harrisburg, PA 17110
(717) 909-2500
Attorney for Wayne J. Wrightstone and Angela B. Wrightstone
WAYNE J. WRIGHTSTONE AND IN THE COURT OF COMMON PLEAS
ANGELA B. WRIGHTSTONE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
ANTHONY RITTER
JACK GAUGHEN ERA,
NRT, LLC, JANET ROUEN,
Defendants
NO. „- J ? S S C1141
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
TELEPHONE NUMBER 717-249-3166
a
Wk %9 I .Co F? a4h,?
ce e,< -odd
"12S7?
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
acci6n dentro de los pr6ximos veinte (20) dial despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
TELEPHONE NUMBER 717-249-3166
2
OWENS, BARCAVAGE AND MCINROY, LLC
BY: Andrew T. Kravitz, Esquire
Attorney I.D. No. 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
Attorney for Wayne J. Wrightstone and Angela B. Wrightstone
WAYNE J. WRIGHTSTONE AND
ANGELA B. WRIGHTSTONE,
Plaintiffs
V.
ANTHONY RITTER :
JACK GAUGHEN REALTOR
ERA, NRT, LLC, JANET ROUEN,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Wayne J. Wrightstone and Angela B. Wrightstone., by and
through its attorneys, Owens, Barcavage, and McInroy, who files this Complaint against the
Defendants and avers as follows:
1. Plaintiff, Wayne J. Wrightstone and Angela B. Wrightstone, are married adult
individuals who currently reside at 141 Allendale Way, Camp Hill, PA 17011. (hereinafter
referred to as "Mr. Wrightstone", "Mrs. Wrightstone", and collectively as "Plaintiffs")
2. Defendant, Anthony W. Ritter, is an adult individual, with a last known address of
3214 Crest Road, Harrisburg, PA 17109.
3. Defendant Janet Rouen, is a Realtor, with offices located at 3915 Market Street
Camp Hill, PA 17011-4227. Upon information and belief Defendant Rouen is a broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
3
4. Defendant, Jack Gaughen Realtor ERA, is a Pennsylvania company located at
3915 Market Street Camp Hill, PA 17011-4227.
5. Defendant NRT, LLC, is a subsidiary of Realology Corporation, and has its
company offices located at 1 Campus Drive, Parsippany, NJ 07054. Upon information and
belief, NRT, LLC is the owner and operator of Jack Gaughen Realtor ERA. It is believed and
therefore averred that the settlement sheet refers incorrectly to NRT, LLC as "ERA-NRT, Inc.,"
which company does not exist according to the Records of the Pennsylvania Bureau of
Corporations.
6. Upon information and belief Defendant Rouen is a real estate broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
7. Upon information and belief, Defendant Jack Gaughen Realtor ERA is the
employer of Defendant Janet Rouen. Defendant Jack Gaughen Realtor ERA, as the employer of
Janet Rouen, is liable, under the doctrine of respondeat superior, for the misrepresentations and
negligence of Defendant Rouen.
8. Upon information and belief, NRT, LLC is the owner and operator of Jack
Gaughen Realtor ERA. NRT, LLC, as owner of Defendant Jack Gaughen Realtor ERA, is liable
under the doctrine of respondeat superior, for the misrepresentations and negligence of
Defendant Jack Gaughen Realtor, and the employees/independent contractors of Defendant Jack
Gaughen Realtor, ERA.
9. Defendant Ritter purchased property known and numbered as 141 Allendale Way,
Camp Hill, Pennsylvania on August 31, 2004.
10. On or before April 13, 2009, Defendant Ritter listed the property located at 141
Allendale Way, Camp Hill, Pennsylvania (hereinafter "Property") for sale.
4
11. On or about January 22, 2009, Defendant Ritter executed a Seller Property
Disclosure Statement. The Disclosure Statement is initialed with the date January 22, 2009, but
the final page of the disclosure indicates an execution date of January 30, 2009. The" Defendant
cannot determine the cause of the discrepancy. A copy of the Disclosure Statement is attached
hereto and made apart hereof as Exhibit "A".
12. Pursuant to the Disclosure Statement, Defendant Ritter denied the presence of
water leakage, water accumulation, or dampness in the basement.
13. Pursuant to the Disclosure Statement, Defendant Ritter occupied the property at
the time of the disclosure.
14. On April 13, 2009, Plaintiffs entered into an agreement with Defendant Ritter for
the purchase of the Property (hereinafter "Agreement"). At the time of execution of the
Agreement, the Plaintiffs received the Disclosure Statement. A true and correct copy of the
Agreement is attached hereto as Exhibit "B".
15. Pursuant to the terms of the Agreement, Plaintiffs agreed to pay to Defendant
Ritter $255,000.00 for the Property. At the time the Agreement was executed, Plaintiffs provided
to Defendant Ritter a deposit in the amount of $5,000.00.
16. On April 22, 2009, the Plaintiff's inspected the property for the first time. The
Property was inspected by B & T Inspections, Inc. At the time of this initial inspection, the
radon test could not be performed because the windows in the basement were all open. B & T
went back several days later to perform the radon test.
17. Also, at the time of this initial inspection, Defendant Ritter sent Defendant Rouen
to the inspection because Defendant Ritter was watching across the street. Defendant Ms. Rouen
came to the door and spoke to Plaintiffs advising the Plaintiffs that Defendant Ritter would like
5
to know why there are people at the house and advising the Plaintiffs that Defendant Ritter was
nervous about the inspection. Defendant Rouen stayed for the rest of the inspection.
18. Also, at the time of this initial inspection the water supply to the Property had
been turned off by Defendant Ritter. Defendant Ritter advised the Plaintiffs that the water had
been turned off because there had been a leak.
19. On May 28, 2009, the morning of settlement, Plaintiff Mrs. Wrightstone inspected
the property with Plaintiffs' realtor. The water to the property was turned off so Plaintiff could
not check the plumbing. Plaintiffs proceeded to settlement, but the Plaintiffs placed a condition
on settlement regarding the plumbing and water since it could not be inspected prior to
settlement. At settlement, Plaintiffs called PA American Water and requested the water to the
Property be turned on.
20. On May 28, 2009, Plaintiffs and Defendant Ritter consummated the terms of the
Agreement with a real estate settlement. On May 28, 2009, Plaintiffs provided to Defendant
payment in the total amount of $255,000.00 and Defendant provided to Plaintiffs a deed to the
Property.
21. At the time of settlement, Defendant Ritter, made no additional disclosures
concerning the Property other then the Disclosure Agreement.
22. On May 29, 2009, Plaintiffs took possession of the subject property. On this date
Plaintiff's took possession and entered the Property for the purposes of preparing to move into
the same.
23. On May 29, 2009, Plaintiff Mrs. Wrightstone and her sister, Theresa Kulina
entered the property for the purpose of cleaning the Property to prepare for the Plaintiffs move to
the Property. Despite Plaintiffs request that the water be turned on, as of May 29, 2009, the water
to the Property was still turned off.
6
24. When Plaintiff Mrs. Wrightstone entered the basement of the Property on May 29,
2009, the carpet in front of the basement bathroom was wet. Plaintiff Mrs. Wrightstone called
Plaintiff Mr. Wrightstone to inform him of what was found and called the Plaintiffs' realtor for
an explanation.
25. On or about May 29, 2009, Plaintiffs were advised by their realtor that he had
received an explanation for the water found on May 29, 2009. Plaintiff s realtor advised
Plaintiffs that Defendant Rouen advised Plaintiff s realtor that the water found was the result of
Defendant Ritter's son spilling water out of the fish tank on the way to the bathroom.
26. Despite being confronted with this evidence of water in the basement on May 29,
2009, neither Defendant Rouen nor Defendant Ritter disclosed to the Plaintiffs that there were
water problems present in the basement.
27. On May 29, 2009, Plaintiffs had scheduled the Property's carpet to be cleaned.
When the carpet cleaner entered the basement, the carpet cleaner advised Plaintiff that he could
not clean the carpets in the basement because they were too wet. The Plaintiffs pulled up the
carpet and attempted to dry with an industrial fan.
28. On May 30, 2009, Plaintiffs, having received no notice of the true extent of the
water problems in the basement of the Property from Defendant Ritter or his agents, proceeded
to move into the house. While moving in, the Plaintiffs noticed that the basement of the Property
was continuing to get wetter by the minute. Plaintiffs again called their agent to advise him that
there was a major problem with the basement.
29. On May 31, 2009, Plaintiffs' agent stopped by the house inspected the basement
and agreement that there was a major problem. Plaintiffs' agent called Defendant Rouen again,
but Defendant Rouen refused to return telephone calls.
30. Having received no return telephone calls from Defendant Rouen, Plaintiffs,
through Plaintiffs' realtor, also notified Defendant Jack Gaughen Realtor ERA of the water
problems in the basement of the Property, problems that were not disclosed prior to settlement.
Defendant Jack Gaughen Realtor ERA also failed to return Plaintiffs' telephone calls.
31. As of the date of this Complaint, the Defendants have failed to disclosure the
water problems in the basement of the Property.
32. As a result of the water leakage, the basement of the Property became severely
damaged, including but not limited to the bubbling of the drywall from water damage.
33. Plaintiffs sought to mitigate the damages, and called in multiple experts to
determine the source of the water infiltration, the extent of damages, and to determine how to
repair the damages.
34. The Plaintiffs were advised by their expert that the water leakage was a problem
consistent with poor grading and that the water leakage in the basement of the property was a
long existing problem, pre-dating the Plaintiffs purchase of the property. The Plaintiffs were
advised that, as a result of the long standing water leakage, there was mold present which had to
be removed and wood rot throughout the basement.
35. The Plaintiffs, in an effort to mitigate the damages have gutted the basement and
eliminated the mold.
COUNT I - INTENTIONAL NON-DISCLOSURE OF MATERIAL DEFECTS
DEFENDANT RITTER, DEFENANT ROUEN, DEFENDANT JACK GAUGHN
RELATOR ERA, NRT, LLC
36. Paragraphs one through thirty five are incorporated herein as if set forth at length.
37. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness while the Property
was owned and occupied by the Defendant Ritter.
8
38. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, is subject to water leakage, water accumulation, and dampness after the Plaintiffs
purchased of the Property.
39. The Plaintiffs aver that the water leakage, water accumulation, and dampness
found in the basement of the Property is a Material Defect in the Property as the water leakage
problems have a significant adverse impact on the value of the property and involves an
unreasonable risk to people in the property, including the risk of collapsing walls and harmful
mold.
40. The Plaintiffs believe and hereby aver that Defendant Ritter, Defendant Rouen,
Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, knew that the Property was
subject to water leakage, water accumulation, and dampness on or before January 22, 2009, and
failed to disclose this material fact to the Plaintiffs as of April 13, 2009, or anytime thereafter.
41. The Plaintiffs believe and hereby aver that Defendant Ritter, Defendant Rouen,
Defendant Jack Gaughn Realtor ERA, and NRT, LLC, knew that the Property was subject to
water leakage, water accumulation, and dampness on or before January 22, 2009, and
intentionally failed to disclose the fact that the Property was subject to water leakage, water
accumulation, and dampness to the Plaintiff.
42. Plaintiffs believe and hereby aver that Defendant Ritter, Defendant Rouen,
Defendant Jack Gaughn Realtor ERA, and NRT, LLC, knew that the Property was subject to
water leakage, water accumulation, and dampness, failed to disclose this material defect, and
took affirmative steps to hide this fact from the Plaintiff such as keeping the windows open
during inspections, having Defendant Rouen present during inspections, and providing excuses
when water was found that Defendant Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor
ERA, and NRT, LLC, knew were false.
9
43. The Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and NRT, LLC failed
to disclose the water leakage, water accumulation, and dampness for the purpose of inducing the
Plaintiffs to purchase the property.
44. The Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and Defendant NRT,
LLC, had a duty to disclose material defects to the Plaintiffs.
45. The Plaintiffs purchased the property based on the Seller's Disclosure Statement
and based on the fact that the Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and NRT,
LLC, never made the Plaintiffs aware of the water leakage, water accumulation, and dampness
problems to which the Property was subject, which water leakage, water accumulation, and
dampness problems was known to the Defendants and the facts of which were purposely
concealed from the Plaintiffs and Plaintiffs inspector.
46. The Plaintiffs have suffered damages as a result of the Defendants' Ritter, Rouen,
Jack Gaughn Realtor ERA, and NRT, LLC, intentional non disclosure in the form of costs of
cleanup, costs of removal, costs of disinfection, costs for reconstruction, attorney's fees, and
court costs.
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, in an
amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT II - NEGLIGENT FAILURE TO DISCLOSE MATERIAL DEFECTS
DEFENDANT RITTER, DEFENANT ROUEN, DEFENDANT JACK GAUGHN
RELATOR ERA, NRT, LLC
47. Paragraphs one through forty six are incorporated herein as if set forth at length.
10
48. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness while the Property
was owned and occupied by the Defendant Ritter.
49. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness after the Plaintiffs
purchase of the Property.
50. The Plaintiffs aver that the water leakage, water accumulation, and dampness
found in the basement of the Property is a Material Defect in the Property as the water leakage
problem has a significant adverse impact on the value of the property and involves an
unreasonable risk to people in the property.
51. The Defendant Ritter, both by his statements as set forth in Sellers Disclosure,
and by statements made to Plaintiff on behalf of Defendant Ritter by Defendant Ritter's agent or
agents, including Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT,
LLC stated to Plaintiffs that the Property was not subject to water leakage, water accumulation,
and dampness.
52. The Defendant Ritter, when specifically informed by the Plaintiffs that Plaintiffs
had found water present in the basement, specifically advised the Plaintiffs, through Defendant
Ritter's agents Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT,
LLC, that the water was the result of a spilled fish tank.
53. The Defendant Ritter, when specifically informed by the Plaintiffs that Plaintiffs
had found water present in the basement immediately after settlement, specifically advised the
Plaintiffs, through Defendant Ritter's agents Defendant Rouen, Defendant Jack Gaughn Realtor
ERA, and Defendant NRT, LLC, that the water was the result of moving a fish tank.
11
54. The Defendant Ritter's statements as set forth in the Sellers Disclosure and
statements made after settlement by Defendant Ritter and through Defendant Ritter's agents
Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, were made
without making a reasonable investigation into the truthfulness of the same.
55. The Defendant Ritter owned a duty to the Plaintiffs under the Agreement.
56. The Defendant Ritter made statements to the Plaintiffs and to the Plaintiffs
through his agents, with the intention of inducing the Plaintiffs to purchase the property.
57. The Defendant Ritter, and his agents, made statements to the Plaintiffs about the
water problems in the basement without performing an investigation into the truthfulness of the
statements made.
58. The Plaintiff justifiably relied on the statements of Defendant Ritter and his
agents.
59. The statements made by the Defendant Ritter, by himself and through his agents,
were false, in that the cause of the water present in the basement was the result of a long standing
water problem in the basement and in that the cause of the water present in the basement was not
the result of a fish tank, but the result of a long standing water leakage problem in the basement.
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, in an
amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT III - VIOLATION OF REAL ESTATE SELLER DISCLOSURE ACT
DEFENDANT RITTER
60. Paragraph one through fifty nine are incorporated herein as if set forth at length.
12
61. The Defendant Ritter sold to the Plaintiffs residential real estate.
62. A seller of residential real estate must disclose to any buyer any material defects
with the property known to the seller by completing all applicable items in a property disclosure
statement.
63. Material defects related to property are any problem that would have a significant
adverse impact on the value of the property or that involves an unreasonable risk to people in the
property.
64. Water infiltration of a residential property is a material defect.
65. The Defendant Ritter has violated the Pennsylvania Real Estate Seller Disclosure
Law by failing to disclose to the Plaintiff the water leakage, water accumulation, and dampness
problems associated with the basement of the Property.
66. The Defendant Ritter knew about the defects, and failed to disclosure them to
Plaintiffs
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter in an amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT V - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
DEFENANT RITTER
67. Paragraphs one through sixty six are incorporated herein as if set forth at length.
68. Defendant Ritter made deceptive representations and statements to the Plaintiff by
himself or through agents regarding the presence of water leakage, water accumulation, and
dampness problems associated with the basement of the Property.
13
69. Defendant Ritter made deceptive representations and statements to the Plaintiff by
himself or through agents regarding the presence of water leakage, water accumulation, and
dampness problems associated with the basement of the Property for the purpose of inducing
Plaintiffs to purchase the Property.
70. Defendant Ritter has engaged in fraudulent or deceptive conduct, with the purpose
of creating confusion as to the condition of the Property.
71. Plaintiffs have suffered damages as a result of Defendant Ritter's fraudulent and
deceptive conduct.
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter in an amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits and damages equal to three times actual damages
COUNT VI - NEGLIGENT ENTRUSTMENT, HIRING, RETENTION,
SUPERVISION AND TRAINING
DEFENDANT JACK GAUGHN REALTOR ERA AND DEFENDANT NRT, LLC
72. Paragraphs one through seventy one are incorporated herein as if set forth at
length.
73. The following allegations against Defendant Jack Gaughn Realtor ERA and
Defendant NRT, LLC are brought in the alternative should Defendant Jack Gaughn Realtor ERA
and Defendant NRT, LLC deny respondeat superior liability for the actions and negligence of
Defendant Rouen.
74. Upon information and belief Defendant Rouen is a real estate broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
14
75. Upon information and belief, Defendant Jack Gaughen Realtor, ERA is owned by
Defendant NRT, LLC.
76. Upon information and belief Defendant Rouen is an employee of Defendant Jack
Gaughen Realtor, ERA, and Defendant NRT, LLC.
77. Upon information and belief Defendant Jack Gaughen Realtor, ERA, and
Defendant NRT, LLC were the employer of Defendant Rouen as Defendant Rouen was subject
to the control of Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC and/or
Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC had the right to control
Defendant Rouen with respect to Defendant Rouen's physical conduct in the performance of the
services for which Defendant Rouen he was engaged.
78. Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC control of
Defendant Rouen is evidenced, in part, by the fact that the commission paid at settlement was
paid to "ERA-NRT, Inc."
79. It is believed and therefore averred that Defendant Rouen knew or had reason to
know that the Property was subject to water leakage, water accumulation, and dampness.
80. It is believed and therefore averred that Defendant Rouen made material
misrepresentations and omissions to Plaintiffs regarding the Property and the presents of water
leakage, water accumulation, and dampness.
81. Alternatively, Defendant Rouen made statements to the Plaintiffs regarding the
Property and the presents of water leakage, water accumulation, and dampness with negligent
disregard for the truthfulness of those statements.
82. Defendant Rouen sought to conceal the true condition of the property by, among
other actions, being present at the inspection of the Property.
15
83. Defendant Jack Gaughen Realtor and Defendant NRT, LLC, as the direct
employer of Defendant Rouen, are vicariously liable for the misrepresentations, omissions, and
negligence of Defendant Rouen.
84. Defendant Rouen made misrepresentations, omitted information, and acted
negligently while employed by Defendant Jack Gaughen Realtor ERA and Defendant NRT,
LLC, and while acting with Defendant Rouen course of employment with Defendant Jack
Gaughen Realtor and Defendant NRT, LLC.
85. Defendant Rouen's misrepresentations, omissions and negligence have caused
Plaintiffs damages, including but not limited to the costs of mitigating further damage to the
Property, the costs of removal of mold and mold testing, the costs of removing damaged portions
of the Property, and the replacement of costs for those portions of the Property removed and
damaged.
WHEREFORE, Plaintiff respectfully requests that this Court find that Defendant Jack
Gaughen Realtor ERA and Defendant NRT, LLC, for the misrepresentations, omissions, and
negligence of Defendant Rouen, and find that Defendant Jack Gaughen Realtor ERA and
Defendant NRT, LLC, are responsible to Plaintiff for all damages caused and/or related to the
misrepresentations, omissions, and negligence of Defendant Rouen.
OWENS BARCAVAGE AND MCINROY, LLC.
DATE: 4,11 - I I BY:
FewT. Kravitz, Esquire
80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
16
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are based
upon information which has been furnished to counsel by me and information which has been
gathered by counsel in the preparation of this lawsuit. The language of the foregoing document
is that of counsel and not my own. I have read the foregoing document and to the extent that it is
based upon information which I have given to counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the contents of the foregoing document
are that of counsel, I have relied upon my counsel in making this verification. The undersigned
also understands that the statements therein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date: 4-13
17
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are based
upon information which has been furnished to counsel by me and information which has been
gathered by counsel in the preparation of this lawsuit. The language of the foregoing document
is that of counsel and not my own. I have read the foregoing document and to the extent that it is
based upon information which I have given to counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the contents of the foregoing document
are that of counsel, I have relied upon my counsel in making this verification. The undersigned
also understands that the statements therein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Date:
18
EXHIBIT "A"
bb/b5/Lgt7y lq:5q filLJDl1J7 •ul ?V k. _. .--. _.
hjl rUl:u fcCnnpiwndv1 "'Al ;41vvvud li'f, l.ui 1 fG?U:<?U Y. us 1'y. Un dlcmi 41 ul Uld YQm> f•c±rci nr au:a,nn .-! nerd-_- ?- •.,7
--- ----1-- - .-l. S (.ER S IRUSINE S RELATIONSHIP *.'rTH PA LIC I.NS 11 BKQICER `- ---- -
BROKER (Company).
Agent? U Yes No
ADDIMSS-
1.1CLr1V3LrE(S) _. -----
BROXER IS THIS C'Wr FOR SELLER. OR (If checked below): TRANSACTION LICENSEE
Broker is NOT the Agent for Seller and is a/a»: O AGENT FOR BUY Kit
RE"
BROKER
BROKER (COm tt
y) FAX
ADDRESS ? Designated Agent? Oyes O No
LICENSEE(S)
BROILER IS THE &rW:NT F R BUYER. R Of checked below):
Broker Is NOT the Agent for Buyer and is shat. ?.AQ9NT FOR SELLER O SUBAGENT FOR SE1.1.ER ? 7'RANSAtTI'ION LICIINSF.F.
ent for Seller and AMA for Buyer, Broker Is a Dual Agent. AB'of Broker a licensees are ohs Dual Agents UNLESS there are
A
i
s
g
Wbeu the game Broker
separate Designated Agents for Buyer sad Seller. U the same Liceuose is designated for Seller and Buyer, the Licensee is a Dual Agent.
Qi$ Sgreementr dated _? Is between
1 t
.
z
tl SMI.EIR(S): 3
called Seller, and 4
6
S BUYER(S): 6
a , called Buyer. 7
7
s 2. PROPERTY (9-W Seller hereby agrees to sell and eoovey to Buyer, who hereby agrees to purchase: e
ALL THAT CER'T'AIN W or piece of gmuW with build" and Iaapro t erected, if may, known us:
" t
a
l Li I
IAI&A to
L
is
in like
11
12 County of In the Com nnwealth of Peausylvanls. den8&2Nioa (e.g., 'Itsit TD 0; tercel 9; U
Block; Deed Book, Page, Reeordlag Date):
13 Lot t2
,
'
16 TERMS (945)
1 Lu,
i
P 11
16
r
ce
1 (A) Purchase
fl 11 a, ovo us. D.Wus, is
?` wbkb will be paid to Sella' by Buyer as follows: sue, 17
1. Casb or check at signing this Agre6ment _. S 's is
2. Cash or check within days of the execution of this Agrccrnevt: S to
3. S
S Jr- ?M 20
21
4. Cash or cashier s ebcak at time of settlement:
_ LX)(
i
;
n
TOTAL S
I
E2
of. form of payment '
23 (B) Deposits paid by Buyer within 3_ DAYS of settlement will be by cash or cashier s check. Deposits, zs
n and the person, designated as payee, will be paid in U.S. Donor to Broker for Seller (unless otherwise slated here), --._ : •^ t4
wbo wig retain as
deposite in an escrow scomad until consmnmation or Ww wation of this Agreement in conformity with all applicable laws and regulations. Any
26
0
25
.
tr c as &-posit moniee may be held l w&AKA pending tike acceptance of this Agreement.
W
I 27
;!e
approval to be on or br:forc:
IW
26
F
_ or before if Buyer and Seller sgicc.
`
Settlement to be on ? : .`
(D) 2e
ao M Setxlemeot will occur in the where the Property is located or in an adjacent county, during normal business hours, unless Buyer and 30
31
at Seller agree otherwise.
32 (F) Conveyance from Seller will be by The simple deed of special warranty unless otherwise stated herb:
32
33
33
34 (G) Pnyment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: _ .. •- 54
35
the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur-
ttlement
f
35 3e
,
se
36 (H) At time o
37 rem taxes (we Information Regarding Real Estate luxes); rend; interest on mortgage assumptions; condomiWum fees and komwwncr Aft). 37
ciation fees; water andlor sewer fees, together with nay other lienable municipal service. All charges will be pro-rated for the period(s) cov- so
as
erect Seiicr will pay up to and including the date of settlement acid Buyer will pay for all days followi.rg Settlement, unless otherwise stated ae
s9
? ? - ? 40
10 here: -
41 Buyer Initials: AA-R Page 1 of 10 "cr Initials: Jd 41
Revised 9105 COPYRICBT PENN.%7'VANtA A.4W0CLNrr0N OF RzAI TORN Zoos
,tots
?/ I Pennsylvania Association of REALTORS'
06/05/200y IV: Sr (I(Zi0t137 ?.' tfVI , AI":1,1:
ll,, tHJ IIVI 1,V )./!rl/ 1U NIIV .•1111[: pile "P vi,3JL1tt? 1rW,1b ml\:1a1u1M1W11Uy 11,dltylGU ill .Il Ce. 4)tlC:IIy 1 C't,^I la t; 1lJ, 'll l'L., 1/1 VIII I!rr `+.;, ram' -r'•:- •/t',,_tl.t.
II .'
40 cures (includnig chandelicas and zoiling tons); water treatment systems; porn and spa a?uipmenl; garage doer olnener:. alYd t,unsmitterc tole-
45 vision antennas; unpolted ebrubbety, plaotinSit and trees; any remaining heating and cooking fuck tutored oil the Properryal: the time of set-
t , tlanent sump pr,mpy; stooge sheds; mailboxes; wall to wall carpeting; existing window sLteens, storm windows, and screen/storm doors;
47 window covering Is , sbadrs surd blinds; a ; built-in air Condit, era; built-in appliances; Rod the ange/oven tin less otherwise,
wunw
stated. Also included:
49 t,t/14?HTr.?, DIN RfL
so (ii) LEASED items (sot owned by Seller):
4!
45
45
?
49
so
5'.
52
(C) EXCLUDED fixtures and items: .•: -- •• - - --- ~- - - - 52
53
_
53
54
55
S. DATE&MME IS OF THE ESSENCE (9-05)
(A) The stet lenoent date and all other dates mid times referred to for the performance of any of the obligations of this Agreement are of the CSWACe 54
55
68
56
97 and are binding.
(13) For purposes of this Agrument, the number of days will be counted fmm the data of execution, excluding the day this Agreement was exe•
s7
cuted and including the last day of ft time period. I'm Execution Date of this Agreement is the date when Royer and Sella bass indicated 5a
54
99 full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreemeot should be initialed and dated. so
68 (C) The settlement daft is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of the parties. so
81 (i)) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed tithe periods we negotiable 61
m and may be changed by striking out the pre-prirtled tract and insetting a diffismat tirue period acceptable to all parties. 92
83
W 6. MORTGAGE CONTINGENCY (9-YS)
This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing.
? WAIVED 63
63
e6 .
ELECT1 D. m
fig
66 (A) This sale is contingent upon Buyer obtaining ge financing as follows:
67 First Mortgage on the Property ..?1/ Second Mortgage on the Property
Y 67
m
fie Loan Amount t
Loan Amount S'LD p 00 0 Lr? d
as Minimum Tenn 3 d yews Minimum Term _ years
70 Type of mortgage C O N 'IYpe of mortgage --- 70
72 Mortgage lender Mortgage lender ^ . _ 72 72
73
74
yhowever, Buyer agrees to accept the Interest rate %; bvwevey Buyer a(''^ M accept the
interest rate
74
76 __
Interest rate as may be committed by the mortgage lender, not to interest rate as may be committed by the mortgage laader, not to 75
78 exceed a maximum ittrereac me of %. exceed a maximum interest rate of _%. 78
77 Discount points, loan origination, loan placement and other fees charged Discount poirits, loan origination, loan placement and other fees cliargod 77
70 by the lender an a pen:ntage of the mortgage loan (excluding any mort- by the lender as a percentage of the mortgage loan (excluding any Mort- 78
79 gage insurance premiums or VA funding fee) not to exceed gage insurance premiums or VA funding fee) not to exceed
% (00/c if not specified) of the mortgage loan. 79
so
so % (0% if not specified) of Urn modpge loan.
et The interest rate(s) and lee(s) provisions in paragraph 6 (A) are satisfied if the mortgage lender(s) gives Buyer the right to gturantee the interest rate(s) p1
02 and fee(s) at or below the muaimum levcts saued. Buys' gives Seller the rigbt, at Seller's sole option and as permitted by law and the mortgage e2
93 to contribute financially, without promise of reimbursement, to the Buyer and/or the mortgage lender(s) to mate the above mortgage terms
lender(s) a3
$6
es ,
available to Buyer.
(R) within days (10 if not specified) from the Execution Daec of this Agnmmcnt, Buyer will make a completed, written mortgage appli- 84
ss
cation for the mortgage urns stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage so
46
m lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise broker for Seller, b authorized to communicate with the mortgage a7
ss
89 fender(s) to assid is the mortgage lawn process.
(C) Should Bayer furnish fate or loeesspleto information to Seller, Rr?ker(a), or tine mortgage lender(s) caaearrstag Bayer's legal or ts
N
9n financial statas, or fail to caaperatt in good 111aitb4n proeming the mortgage loan application, which results In the mortgage lender(s) 99
91 refusing to approve a mortgage ban twmmftmeay Buyer will be In default of this Agreement. 41
92 (D) ? • Mortgage commitaaeat date: . If Sella does not receive a Dopy of Buyer's mortgage cot>mitme nt(s) by this 92
99 date, Buyer and -Sella agree w exOaa a aaorfgtlge c ptT ---------- -laic until Seller termbtatas this Agreement by written Mrlka to Mayer, 83
94 2. Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. 94
95 3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commianent(a); 95
95 It. is not valid until the date of settlement, OR 96
97 b• is conditioned upon the sale and settlement of any other property, OR 97
99 U. Does not satisfy all the mortgage terns as stated in paragraph 6 (A), OR d
99 d. Contains any other condition not specified in this Agreement drat is not satisfied and/or ranoved in writing by the nuMgage lender(s) 99
1ss within 7 DAYS after the aaort6age comanitmeat date to paragraph 6 (D) (1), other than those conditions that are eastontari- too
1n1 ly satisfied at or near venlemeM such as obtaining insurance and confiroting employment status. 101
1,2 4. If this Agreement is u nninaled pursuant to paragniplis 6 (D) (1) or (3), or the mortgage loan(s) is not obtained for settlement, all deposit monies 19y
Ins will be returned to Buyer aw-ling to the tet>= of paagrahph 30 and this Agreement will be VOID. Buyer will be responsible for any epees incurred 193
+9r by Buyer for any inspections or certifications obtained according to the temps of this Agreement, and soy costs incurred by Royer for. (1) Title 104
70:. .earch, tide insurance anwor nxxhanies' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fire insurance with extended wv- Ior,
av erage, mine sa lrsidenoo insurance, or any fec for cancellation; (3) Appraisal fees and sharks/ paid in advance to mortgage lend" ) 1ne
10: buyer initials: A/5-R Page 2 of 16 Seller lnitlals }(? ' for
Revised 9/05
06/05/lbby iN:?N r?ILSbrt37 tAVx++uJ,V+.«r,?.a? ?., -:.
r..o
ttu of the reXluilLnr?cnl:, Seller will nrtify Troyer whether Seller will Tooke the nctIuired relmirs at Sella':? eNpense.
111 1. I 1' Seller makes the required repairs W the satisfaction ol'the mt'ntgage lender(s) or ensurer, Bnyc; acccpty tie: Tti?elxTty end agrees to Ole ttz
112 RELEASE in paragraph 27 of this AgreelmecaG y 11,
111 2. l1' Seller will not mrke the required repairs, w if sever tails to tnpoRd within the time given, Auycr will, within 5 nAY.5, nertif 111
'14 Seller of Buyer's chuiee to:
115 a. Make the required repairs, at Buyers expense, with permission and access to t17c Property given by Seller; permimiort and access may 115
wltl bc1d by Seller, OR 116
111 not be thnre•somablY
117 b. Terminate dtis Agreemmnt by written notice to Seller, with all depe>r;it monies returned tin Buyer according to the tonne of paengraph 111 17
Its 30 of this Agreement- 119
119 (F) Sauer Assist 1719
in L? NOT APPLICABLE 120
121 U+ APPLICABLE. Seiler will pay:
122 D s , 4wyes of Purchase Price, Maximum) toward Auyex's costs as acceptable to the mortgage lender(s). i22
In
123
124 FRAIVA, IF APPLICABLE 121
126 (G) it is expressly agreed that notwithstanding any otter prwwons ol'this contract, Buyer will riot be obligated to complete the pumbseee of in
126 the property described herein or to Incur any pahdh by forfeiture of earnest money deposits or otherwise unless Buyer bas been given, w eta
tut accordance with HUDNHA orVA rte teoaeats. a wrinen statement by inn Federal Housing Commissioner, Veterans Administration, or a 171
121 E&rct Fndon n cot Derider edtiag forth dic appraised value of the Property of not less than S (the dollar amount 120 129 to be inserted is the sales prim as deice is !>ru1 ), Buyer
will have the privilege and option of prex3xtling with consurnmatirm of 1-
130 the contract without rsgaw to the s mom of the appraised valuation. The appraised valuation is arrived at to determine tbar wsximum moot-
131 gage the Depa rmwnl of Housing and Urban Developmart will insure. HUD dues net warrant the value nor the condition of the Property. 131
132 Buyer should satisfy bimsdf/heraelflhat the price and condition of the Property are acceptable. in
i33 Waning: Section 1010 of ride 18, U.S.C., Depot taoeot of Housing and Urban Development and Federal Housing Administration in
134 'Ttwouctions, provides, -Whoever for tlhc purpose or... influencing In any way the action ofsuch Department, makes, passes, utta3 or in
1355 publisbee aoy state unK lmuwing the pmt to be fWae ... shall be tined under this title or imprisoned not more than two years, or botbl." 135
In (l) U.S. Department of Horsing sad Urbsa Devello rasa d (HUD) N011CE TO PURCHASERS: Buyer's Aeknowledgeeaeat in
137 ? Buyer has received the HUD Notice "ParYour Protection: Get a Home Inspection." Buyer understantlt the imprutntce of getting tar
ISO an indcpendcat horn inspection and bas 16m&V about this before signing this Agreement. Buyer underttands that FHA will not 131
13e
179 per a home b apeetim nor ghosesdee the price or condition of tic Property.
Certification visa tnc uoidharsigood, Sdk,(s) and Buyw(s) pay to this transaction each certify that the tetras of this contract for pw rbw 140
110 (1) ea 141 are true to the best of our knowledge and belief, and &a soy nth agreement entered into by any of these parties in connection with this 141
la transaction is attached to this Agroemmut. 142
r
143 7. WAIVER OF CONT'M ENCIMS (}fi 143
144 U this Agreement is cawdogent on Boyeet right in boom seller repair the Property, or to verify Insurabillity, tarviroaaoeaW aowd0lows, 144
145 b oondaerleet, etrtileati dui waling dsgfllicador or use, K my otter inknosttiou regardlag the Property, Buyer's fiilaeeeee to etert he any of 145
140 Buyer's options within the Ibaea ad fisrth In tisAgremorst is a WAIVER of that contingency and Bayer ace" the Property and ahgras to in
117 RAs RKLI A.6F ins paragraph 27 of &k Agrem ehaat. 147
146 i. P wAMLA?If)IR.dTI ("s) 146
149 ? WAIVI'.D. This Agreement is NOT contingent upon Boyer obtaining property and casualty insurance for the Property, although Buyer may 149
151 still obtain property .osd casualty urshmamhe. tso
151 ELECTED. Contingeay Period: DAYS (15 if not speci5od) from the Execution Date of this Agreement. tat
1S2 WdWx the Coutingeaty Period, Buyffwill male eilnpliention forp1operty and casualty insurance for die Property to a rceponsi le insurer. Broker 152
153 for Buyer, if any, odwrintse Broker for FhAw, my pnsastehkath: with the insurer to sea* i• the Insurance proeast. if Buyer cannot obtain tss
154 Property and casualty insurance for the P"gMty on MM red conditions reasonably acceptable to Buyer, Buyer will, within the Coatftsiscy 154
161
1ss retried:
ISO (A) Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR im
157 (B) Terminate this Agreement by written notice to Seller, witb all deposit monies rationed to Buyer according to the terms of paratiapb 30 of this is7
ire Agreement, OR 151
169 (C) Enter into a mutually acceptable wrium agmetmoll with Seller: 159
100 If Buyer and Seller do not rear)h a wriiom sgratusent dmring the C;otth piney Period, and buyer does not ten<lmixate this Agreement by too
IV V. on notice to Sever witAirt drat rises, Rhgetr wig eseetept the Property and agree to the RELEASE in paragraph 27 of this Agsemmeent 161
u2 9. jNsrzC'ONS (9-. 102
163 (A) Seller will provide access to inturats' npe soenuth s and, as may, be required by this Agreement, to surveyors, municipal officials, rind irnspe - 16l
104 tors If Buyer is obtaining watt sge humming. Sealer will provide auras to the Property to appraisers and odm reasonably rohluired by wort- 164
166 gage lender(s). Buyer may mend sap isupeetio s. 1ss
166 (B) Buyer may make a pre-eettl ment waQealawgb inspection of the Property. Nuycr's Tight to this inspections is not waived by any other 1wovision 166
167
167 of this Algre cunt.
160 (C) Seller will have heating and all utilities (inchulmg Pod(s)) on for all irapections. tee
/o9 (D) All impactors, including hom iospecbrs, are antbioring by Buyer to provide a copy of any inspection report to Broker for Buyer has
170 (L) Seller has the tight, upon requcA, to r1 ocin witbaut charge a copy of any inspection report fmm the peaty firer wbom it wag prepared. 170
171 Buyer 110mob:W, .??' 19/5 IR Page 3 a' 10 3ellcr Ia1tWs:".4 ` m
Raving pffis
t,s 06/05/2009 10:50 7172367139 _'VI?'6STQN&MAGI?TQN °A`dt 05
The heap &%m coptingendes elecued by Buyer In parngtraphs 11-15 are controlled by the; Options se' wrth t%df)Wr A'11e ?urtr per ??,.:: eats ??
:74 these Options will aprply to no inspwiun contingencies in poragm* 11-15 unless otherwise stated in tbi? AgMMC-Pt.
175
175 Option 1. Within the Coadegency Period, ru ttsaed In pang' IN 11-15, Buyer wilk
Accept the Property with ?be information stated in the teport(s) and ague to the RELEASE iu puspisph 27 of axis Agreme+lt. OK
I
1700
117 .
if Buyer is not satisfied with the information elated in the rcport(N), ter.lnate this Agreement by written notice to Seller, wilh all deluosit
2 17!
t7a .
monies returned to Buyer according to the forms of pyagrvh 30 of this Agreement, OR
ter Into a mutually acceptable written tsataeaaent with Sella providing for any repairs or imptrncmeats to the Property arid/or any
E
11e
Its
n
3,
credit to Buyer at settlement, as acceptable to the mostpge lender(a), if any. 180
too if Buyer and Fidler do not reach a ws haen nQlaeo t during the specified Contingency Period, and Duper does not temminate thk 1-.1
161 Agreement by wrlttea notice to Seller wn& diet time, Now will accept the Property and ngrsa to the ASLEASK la paragraph lev
162
tea
194 27 of this AgseeowL
Optbw 2. Within the C.oatt"eney Period, As waste to parnlprophs 11-15, Buyer wW: I83
IN
145 Avesta the Property with the infimnatimr staled in the report(s) and agtvc to the RELEASE in parsgnph 27 of this Ag=Mcnt. OR
1 iIIS
rte ,
If Buyer is not satisfied wish the information sided in the report(s), present the report(s) to Seller with a Wrktea Corrective Proposal
2 ass
167 .
("Froposal'h listing corrections and/or cted)b desired by buyer. The Proposal may, but is not requited to, include tae name of a prop- 1s7
ills Cray licensed or qualified professional to peafomrr the coffmdons rcqucstd in the Proposal, provisions for paymon, including retests, and tee
169 a pwicctcd date for completion of the corrections. Buyer agues that Seller will not be held liable for corrections that do cwt comply with
' Its
Isi s Proposal, or by
mortgage lender or govern mcnuJ requirements if perfinnlad in a workmanlike marraLT according to the terms of Buyer ito
s
net a eontraclor sclocled by Buyer.
Within days (7 if oat Npccified) of receiving JJuyer t Proposal, Seller will inform Buyer in writing of Seller's choice to:
a 191
192
192
in
19 .
(1) Satisfy the terms of Buyers Proposal, OR
(2) Credit Buyer at settlement fur the orals to satisfy the teems of-Buyer's Proposal, ae acceptable to the mortgage lender(s), if any, OR 173
t.?.,
4
:96 (3) Not satisfy the terns of Buyer's Proposal and not credit Buyer at settlement for the coots to satisfy ft lams of Buyer's Proposal. 195
Of h If Seller agrt a to satisfy the tens of Buyer's Pmpow or w credit Buyer at eealemeot as specified ebove,•Buyer secepts tm Property i%
191 and agrees to the RELEASE in puagrapb 27 of this Agreement. 197
ass c. If Seller chooses not to satisfy "to.. s of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Sella' fails ill
i" to choose any option within the ilea ghee, Boyer will, within _ days (5 if not spocified): in
200 (1) Accept die PropcM with the inCnrnmtion stand in the re xxt(s) and agree to the RELEASE in paragraph 27 of this Agmcmml,, Olt 200
201 (2) lerminate this Agreement by wri"m notice to Seller, with all deposit mloa•ies returned to Buyer According to the terns of para. tot
202 graph 30 of this A greement, OR 201
203 (3) Enter into a mutually scceptsble written sgroenrehl with Seller providing for Any rcpsirhr or improvio mrhts to the Property and/or tea
204 any credit to Buyer at settlement, as acceptable to the mortgage lender(s), if any. zee
205 U Buyer and Seller do not reach a wrltads agreement during the time specified to Optors 2, 2. c., and Dryer does not ter- 2o5
209 miaate this Agreement by wrltben ma lore to Seiler within that does, Bayer will accept the Property and agree to the 20l
W RELEASE In paragrsph 27 of oble-Agreement, 207
206 1l- rMUM-My V 6MICTMMCOM'MVEMPM s (9-05) (Sea Property and Environmental Inspection Notices) toe
we Buyer understands that property inspections, certifications and/or investigations can be performed by professional contractors, homes inspectors. env
210 engineers, architects and other properly licensed a otherwise qualified professionals. and array include, but are not limited to: structural compo- 21o
211 vents; roof; exterior windows and exteriew dews; exterior siding, fascia, gutters and downspouts; swimming pools, hot tubs and spas; appliances; 2211
212 electrical, plumbing, heating and cooling systems; water penetration; environmental hazards (e.g., mold, fuagi, indoor air quality, Asbestos, under- 212
213 ground au rap tanks, etc.); clectnnnagnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; 2t3
214 and any other items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including nary historic preservation eta
215 restrictions or ordinancex) that apply to the Property and to review local zoning ordinsucco. Other provisions of this Agreement may provide for 215
215 inspections, certifications and/or imcstigationa that are no waived or shored by Buyer's election here. %is
217 ? WAIVED. Buyer has the option to conduct property inspections, certifications andler investigations. Buyer WAIVES THIS OPTION and 217
210 agrtaerr to the REJ.F.ASE in paragraph 27 of this Agrac rent. 21s
210 Ji16CIM Contingency Period: days (15 if not spccifted) from the Execution Date of this Agreement
certit;catiuns andlor investigatlor+s completed by proper-
hnay have inspections
ense
ers ex
Bu
er
at Bu
c
Period
i 210
22o
226
221 ,
p
,
,
y
,
y
y
ngen
(A) Within the Cont
ly licensed or otherwise qualified professionsis. If Buyer elects to have a horns inspection of the Property, as Mood in the Pennsylvania Herne 221
2n Emgftuon Law (sec Information Regarding the Home Inspection Law), the home impaction must be performed by a fall member in good stand- 222
223 ing of a national home inkpection association or a person supervised by a fill rmna006er of a national home insportian association, in accordaacc 222 .
224 with are ethical standards and code of conduct or practice of that association, or by a properly licensed or regift"d profonsiornl engin=. or a 724
225 properly licensed ur registers/ atchilcc:L Thin contingency, dens not apply to the following existing conditions and/or items: 24.
226
226 -
--
227
227
22a -?
(R) If Buyer is not autinfied with the condition of the Property as stated in the written inspection report(s), Boyer will proceed under one of the ful-
2b
229 lowing Options as listed in paragraph 10 within the Contingency Period: 229
230 )a Option 1 230
231 ? Option 2 For the purposes of Paragraph 11 only, Buyer agrees to accept the Property with the results of any report(s) and agrees to 231
2U the REM ASE in paragraph 27 of this Agreement if the total coat to correct the conditions stated in the report(s) is less thaw 232
237 S _ (30 if not specified) (the "Deductible Amo unt'7. Otherwise, all provisiosn of psrAgrWh 10, Option 2, shall zas
234 apply, except that Sella will be dccmod to have satisfiwd the tams of Buyers Proposal if Sdior agrees to perform corrections 2.11
236 or otter crodit: such that the cumulative cost of any uncorrected or tmcmdited condition(is) is equal to the Deductible Amount. 235
ne Xuyer 1'nivials•?_ - A/S-1t Page A of 10 Fidler Inltialsr)? -_ __ zit
Revised 9IUS
P5/@5/2??° '. ': b? /.'.12jb/133 ! '.VIN`01bIUNX^4AUILIUN -aut fay
, tEj 13vyn- has the option to have the i'nrperty inspected for -X ill tesuq+ion h;r .,u ii r<pector c:c riiric0 us :i r utw-ura.uv;,i7i _ 1) Us pM•V
V1
car
. ,
c,(le Wlicutor. BUYER WAIVF. TMS OPTION mid sgrLys ur the F.H.iiASC in pars;, aph 2.1 of this AgsrenienL X76
?
?
oaf ELECTED, (,ongggency Peti(x9: _ days (15 if vet specified) 5mn the Execution j>-,c of tliie Agreement.
" 2e0
(A) Withio the Contimgency rerlnd, Buyer, at Buryer'e expense, may obta(ilt a written "Word-Datruymg Insect Infestntion inspection Report at
fiorm an inspector ccoified as a wrnid-destroying peebs pesticide nppli(:atktt and will di-fiver it mid ell supporting documents and drawings pro- m
vide:d by the inspector to Seller. The report is to be made satisfnclory to and in compliancx with applicable laws, (rrrn•tgage lender requirement:;, H2
?
. and/or FOrral Insuring and Guatantecing Agency requirements, if auy..'itic inspection is to be limited to all readily visible and accev?ible areas z44
.,
.
?.,- of all structures oo the Property except fences and the following structurep, which will oat bc. inspected: _ .__ 245
2"
X. _
(B) if the inspection reveals active infestation(s), Buyer, at Buyer'o expense, may within the Contingency Period, obtain a Proposal 5mu a wood- 247
gee dosbuying pests pesticide applicator to treat the Property. 244
ZO (C) If the inspection reveals damage from active nr previous infestation(s), Hum, at Buyer's expense, may within the Contingency Period, obtain 249
2i(, it writlen reVvt from a professional contractor, home inspector or str uctund caginea that is limited to structural damage to die Property caumA 2%
251 by wood-destroying oMnisms and a Proposal to repair and/or treat the Pmpcrty. 251
25. (D) If Buyer is not satisfied with the condition of the Property as stated in the written inspection report(s), Auyer will proceed under one of the fol- 252
2b3 lowing Options as listed in paragraph 10 within the Contingency Period: 253
2,4 Option 1 254
235 Optlen 2 2a
266 13. STATUS OF RADON (9-" (see Information Regarding Rudon) 266
257 (A) Seiler bas no knvwleAte e=erming the pnzseem or abmmt of radon unler s checked below: 267
256 ? 1. Seller bas knowledge that the Property was tested on the dates, by the medtods (e.g., chatl:oal canister, alpha track, ctc.), and with the 254
259 results of all tam indiealod below: 259
20 DATE TYPE OF TkST RESULTS (pieoCuries/liter or working level-v) 2e9
261
let M
262
263
O 2. Seller has knowledge that the property underwent radon reduction roessure6 on the date(s) and by the method(s) indicated below.
2N
789 DATE RADON REDUCTION bMTHOD N4
205 206
tea
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 2"
247
2V
zee EITHER THE METHODS OR RBSUETS OF THE TESTS. 286
269 (B) RADON INSrwrm C VGiENCY M
276 ? WAIVED. Buyer has the option to have the Property inspected for radon by a certified inspector.BUYER WAIVES THIS OPTION-end 279
271 agrees to the RELEASE in paraAapb 27 of this Agmemcdt. 271
272 ELECTED. Co110ngeocy Period: days (15 if not specified) from the Execution Date of this Agreement. 272
773 Within the CoaMagency Period, Buyer, at Buyer's expense, may obtain a radon teat of the Property f}om a certified inspector. If Seller 273
274 perfozme any radon nemedi itiom, Sella will provide Buyer a certification that the nemediation was performed by a properly licensed and ne
275 certified radon nrttipdm company. 276
z7e I , If the written test report reveals rite preaeacc of radon below 0.02 working levels or 4 picalCuriea/liter (4 pCi/L), Buyer accepts Ibc 27a
277 Property and agrees to the RELEASE is paragraph 27 of this Agrement. 277
278 2. If die written test report reveals the presence of radon at or exceeding 0.02 working lanlo of 4 pieoCuriss/liter (4 pCi/L), Buyer will 27a
279 proceed under one of the following Options as listed in paragraph 10 within the Gorrdwricy Period: 279
2eo ?Option I 244
241 w 291
M 1 ATUS OFF WATER ((9-M
263 (A) lei represents that the Ptopearty is served by.
am Public Water
gas On-site Water 205
na Q 6mmumity Water
n7 ? Notre
246 ?
249 (B) VyATER SERVICE D43PBCnor4 COfl7'UiKaNCY
2M 1
0 WAIVED. Buyer has the option to hews an impaction of the quality and or quantity of the water ayttem for the Property. AiJYER WAIVES no
291 1
THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agroaiocaat 31
7.92 ? FLECTE:D. Contingoncy Period: days (15 if not specified) from the Execution Date of this Agreement. 242
2x3 1. Within the Coatlapacy Poled, Buyer, it Buyer's expense, troy obtain an inspection of the quality and/ur quantity of the water sys- 243
204 tens from a pmpcdy licensed or otherwise qualified water/well teststg company. 204
295 2. If required by the inspection company, Slier, at Seller's =gKw*e, will locate and provide access to the on-site (or individual) water 246
rap system. Septa she agteee to,eaters Bee Propcatty rat SeUer's enpenoc prior to settlement. 200
247 1, if Auyer is not satisfied with the condition of the water syetnrn aS slated in the wr*m inspection report(s), Buyer will proceed under 207
2" one of the following Options as listed in patagraaph 10 within the CnnMagancy Period: 2"
299 ? Option I 299
309 ? Option 2 300
r 301
3br Bu InId0&: ter- - A/S-It Page 4 of 10 Seller ftid'be?k
Rt:vbe? ANIS
06/05/2009 10: 5e 7'.72267139 u.vI", D"_r46"4at'-" J" ..u? :01
!6; (A) Seller reylrrscnts dlat the Propo ly is caved hy: 304
;::a Public Sewer 305
H6 Individual on-lot Sewage Disposal System (see Stswagr, Notice 1)
30 D ludividual On-lot Sewage Disposal System in Proximity to Well (see !iew194: NO"'; l; acxi Sewage Notice 4, inapplicable) 307
307 (] Community Sewage Disposal System 3,7
38s 0 Ten-Acre Permit Exemption (see Sewage Notice 2) ?a
309 O !-folding Tank (see Sewage Notice 3) 310
310 El None (see Sewage Notice 1) all
311 D None Avaidable/Parnit Limitations in Effect (see Sewage Notice s) 312
312 D ?--
513 (B) INDIVIDUAL ON-LOT SEWAGE 01SPOSAL INSPECTION CONTINGENCY 313
314
314 '?II WAIVED. Buyer has the option to have an inspection of the individual on-lot sewage disposal system for the Property. BUYER
315 WAIVES THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 315
915
318 D ELLCTip. Contingency Period: - days (15 if not specified) from. tbo Exendion Date of this Agreement.
317 1. Within the Coatlagency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal sys- eta
318 tem from a qualified, professiomal inspector.
9
319 2. If and as required by the inspection company. Seller, at Scllci s expense, will locate, provide access to and ernpry the individual on. 31
40 lot sewage disposal system. Seller will also resture the Property, at Setter's expense, prior to settlement. 320
324. 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 321
322 system, Buyer will proceed tutdcr one of the following Options as listed in paragraph 10 within the Contingency Period: 322
323 Cl Option I 324
324 ? Option 2
9Z5 4. If the inspeetirm report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, 323
326 within 25 _ _ DAYS of receiving the inspecbtn report, submit a Written Corrective Proposal ("Proposal') to Buyer. The Proposed azs
327 will include, but not be limited to, the name of the company to Perform the expansion or replacM011t; pravtsiooa for paymerrt, includ- 327
326 ing retests; and a projected completion dam for corrective measures. Within _5_ DAYS of receiving Sellers Proposal, or if no 325
329 Proposal Is provided wkbirt the dMi gives, Buyer will notify Seller ui•writing of Buyer's choice to: 329
330 a. Agree to the teams of the Proposal, if 4wgr, whereupon Buyer accepts the Property and agrees to the RELEA,SB in paragraph 27 of 330
331 this Agreement, OR 331
332 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pars- 332
333 graph 30 of this Agreement 333
324 c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of 4his Agreement, and, if required by m4
336 any mortgage lender and/or wry governmental authority, correct the dofcct9 before settlement or within the time required by the xis
336 mortgage tender and/or govaumtmW authority, at Buyer's sole expense, and with permission and access to the Property given by 336
337 Seller. Permission acid access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337
336 rcct the defects, Buyer may, within _ 5 DAYS of Sellcrs denial, ecrmoinate this Agreement by worsen notice to Seller, with all 336
339 deposit monies returned to Buyer according to the teams of paragraph 30 of this Agreement 339
340 16. HOME WARRANTI S (9-05) 340
Set At or before settlement, either party may have the opportunity to putebaee a home warranty for the Property from a third-party vendor. Buyer and 341
342 Seller understand that a home warranty for the Property does not alter any disclosum requirements of Seller, will not cover or warrant any pre- 342
343 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343
344 Buyer has elected or waived 119 part of this Agreement buyer and Seller understand that the licensee, broker or mortgage lender who orders rho 344
345 home warranty may possibly receive a fee paid by the home warranty company. 3411
34s I7. ZONING Cll, SSIFiCATION dt WAIF iCATION OF USE CONTINGENCY (9-05) 346
347 (A) Failure of this Agreement to contain the zoning classification (except in canes where the property (and each parcel thereof if subdivideble) is 361
348 zoned solely or primarily to permit single-family dwellings) will render this Agmeme nt voidable at Buyer's option, and, if voided, any deposits 34a
349 tendered by the Buyer will a returned to the Buyer without any requitement for court action. 349
956 Zoning Clasdtication. • 360
331 (B) Contingency Period: days (7 if not specified) from the Execution Date of this Agreement. 351
3:2 Within the Contingency Period, Buyer, at Buyer'6 expense, may verify that the present use ( ) 252
363 of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 353
354 notice that the present use of the Property is not permitted and that Buyer will: 354
355 1. Accept the Property and agree to the RELEASE in paragraph 27 of this Agreement, OR 355
3ss 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pativaph 30 of 356
357 this Agreement 357
358 if Buyer faits to respond within the Contingency Peded or toes not terminate tbls Agreement by written notice to Seller within that 358
359 time, Buyer wBl accept the Property and agree to the REI,EASSR In paragraph 27 of this Agreement. 359
3w 113. PtOTiCF•S, ASSESSMENTS do CERTIFICATES OF OCCUPANCY (945) 366
301 (A) Seller represents, ns of the dam Scllcr signed this Agreement, that no public improvement, condominium or homeowner aswiciation asses UmIts 361
362 have been made against the Property which retrain unpaid, and that no notice by any government or public authority has been served upon Seller 362
363 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ord nsucce that remain uncor- 3a3
96a rcacd, and that Seller knows of no condition that would constitute a violation of arty such ordinances that remain uncorrected, unless otherwise 364
;16s specified ham:.- Us
38g (B) Seller knows of no other potential notices (including violations) and/("- assemments except as follows:-_ 366
967 - - --- 867
3" Buyer initials: AA A/S-R Page 6 of 10 Seller )nitials .' NO
Revised 9/05
06/05/2009 10:50 717236713y ??...,.?...,,.. :_i v:."",?„1_„''°".1HU:.t-„,,.
v„mow :•?,.,, .. ...,...... , _ ...
.
.
3-10
:far ..
,
w,h. ylva...,c ., wt.y .., ,,,
471
anti= und/ur as:set;5e=ts dint yeller will'
:llc"s cxpcnse befow seulcnx nt. Tf Seller fully corrgrliee with the nihtices and/or m
is at s
'472 u
1. Fully comply with the notices and/Or a53C1nGr cn
ts the Property and agtm to the RELEASE in paragraph 27 cal this Agtecw=L OR
e
B
37S p
uyer acc
assewrnents,
ly with the noticc+ 41rWor asft- Wneuh. If Seller chooses not to comply with the notices and/or axseanaents, or fait within the 374
Not cu re
2
ill
374 p
.
: its
iven to notify Buyer wheOer Seller will comply, Auyer will notify Seller in writing within _5 DAYS that Buyer w
i
315 t
me g
Comply with the uutims amYoT assessments at 14uyer's expense, accept the Pntpaty. and agree to the RELEASE in paragraph 27 of ?
a
'I 16
37:- .
this Agreement, OR
Tciwinatc this Agreement by written notice to Seller, with all dcpnsit monies rettu•ned to Buyer according to the terms of paragraph m
b
37n
379 .
30 of this Agreement.
If Buyer fails to respond within the time stated in paragraph IN (C) (2) or falls to terminate fib Agreement by written actice to Sao
Sao Seller within that time, Bayer will accept the Property and agree to the RELEASE in paragraph T:7 of this Apweatc aL 361
3
302
(ll) if required bylaw, within 30 DAYS from the Execution Date of This Agreement, but in no erne haler than 15 days prior to rx111ernent, Seller
i
361
uns of son-
will under at Seller's expense a catification from the appropriiatc municipal department(s) disclosing notice of any uncorrocietd violat M
W
364 housing, twilding, safety or fire ordinances and/or a certificate permining occupancy of the Property. If Buyer rtxeivas a notice of any
ing 364
,
required mpairs/impfovenients, Buyer will promptly deliver a copy of the notice to Seller. 3e6
365
DAYS of tu:eiving cooties froQn the municipality that rt+pairs/it:aprrnernenw are required, Seller will notify Buyer in cunt-
Within 5
1
366
399
307 ._
-
ing that Seller will:
' Make the required repaim/impmvanao to the satisfaction of the municipality. If Seller makes the required rcpairalnmprovemenis,
a sei
366
so .
Buyer accepts the Property and agrees to the RELEASE in paragraph 27 of this Agreemeot. OR 38s
say Not make the required repaira/W prvvemea%. 1f Seller chooses not to make the required repa6s/impervvenuentot, Buyer will notify
b 790
390
W .
Seller in writing within 5_ DAYS that Buyer will:
(1) Make the repairslimprovements a? Buyer's expense, with permission and accem to the Property given by Seller; which will not 791
3!t
3e2
393 be unreasonably withheld, OR
(2) Tamintde this Agrcomcot by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para- 3%
aye
264
Sts
3% graph 30 of ft Agreement.
Jf Buyer falls to respond within the dsoe stated in paragraph 19 (A) (1) (b) or fails to terminate this ARratsaat by written onticc 36e
m
397 to Seller within that throe, Buyer will accept the Property and agree to the RELEASE In paragraph 27 ef dds Agreement, and e'er w7
Sea accepts the ra o alMlhy to perform the repalraA>,Proveareaft according to the term of the notice pigs ided by the maaklpality. 390
If Seller denier Buyer permission to make the required repainn/improvemeats, or does not provide Buyer scum before settlement m make
2 aye
799
r, .
the requited repairer mprovenrents, Buyer may, within 5 DAYS, mminate this Agtccmcnt by written notice to Seller, with all deposit r00
4
44 monies returned to Buyer cording to the terms of paragraph 30 of this Agr eemerN. 401
1
402 3. If repairs/improvements ate required and Seller fails to provide a copy of the notice to Buyer as required in paragraph 18 (D), Sella will roe
402 perforrs all sepaira/improve mewls as required by the notice at Seller's eapeaee. Paragraph 13 (D) (3) will = vive seltlevaeat. 403
4
4 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Ttansportaeioo- 404
0
405
40s 19. TT FLE, SXJWEYS & COSTS (9-03)
(A) The Property will be conveyed with good and marketable title as is insurable by a reputable title insurance ecmyeny st the regular raters, free and 405
an
407 clear of all liens, encumbrances, and easements, EXCEPTTNG HOWEVER the fullcrwing' existing deed restrictions: bistaric preservation 407
restrictions or ordinances; building restrictions; ordinances; essements of roads; casements visible upon the ground; easements of record; and 4"
400
4" privilegcsj or rights of public service companies, if my. 406
410 (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanic--' lien it :urance, or any The for canoell¦taon; ale
411 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee far cancellation; (3) Appraisal fees and 411
412 charges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals. 412
413 (C.) Any survey or surveys required by the title insurance company or the abstracting sttouacy for preparing an adequate legal dtacription of the 419
414 Property (or the cxn7ection thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyu or rewired by the mortgage 414
416
416 lender will be obtained and paid for by Buyer.
(fl) If Geller is unable to give a good and marketable title and such as is insurable by a reputable title insurance company, at tine regular nos, as specified 415
415
417
419 in paragraph 19 (A), Buyer will:
1. Acccpt the Property with such title as Seller can give, with no change to the purchase price, and agrm to the RCLEASL in paragraph 27 of dais eV
41s
419 Agreement, OR
Terminate this Agteement by written notice to Seller. with all deposit monies returned to Buyer according to the lerma of patagraphh 30 of
2 410
420
120
421 .
this Agreement. Upon to nnination, Seller will reimburse Buyer for any costs incurred by Buyer for any iospodieas or cerlificatious obtained nit
422 according to the terms of this Agreement, and for those items specified in paragraph 19 (B) items (1). (2).(3) and in paragraph 19 (C). 422
423 (E) the Property is not a "reereadurial cabin" as deffmcd in the Pennsylvania Construction Cadc Act unless otherwise stated here (ace intormstion 423
414 Regarding Recreational Cabins): 424
425 20. ' NDOMTNFUMIPLAN14ED COMMUNITY (HOMEOWNER ASSOCIATION) RESALF. N(.MCR ('9 ?) 425
426
427 NOT APPLICA13LE
O APPLICABLE' CONDOMiMUM. The Pruperty is a unit of a condominium that ix primarily run by a unit owners' aawwintion. 13407 of the 426
427
40 1Jmiform Condominium Act of PamnsyNania (sot information Regarding Can&ryainiums and Planned Communities) requires Seller to ftrnish 428
420 Buyer with a Certificate of Resale and copies of the condominium declaration (other thmi plats and plans), the bylaws and due ruin and reguaa- 428
430
W tious of the ar saviadon.
? APPLICABLP: PLANNED COMMUNITY (HOMEOWNER ASSOCIATTON). Tie Property is part of a phoned e:0 ley ere defined by us
431
432 the Uniform Planned Community Act (sex Jnfmrrnation Reguding Condominiums and Planted Conummitiies). 15407(a) of the Au rcquim 4n
433 Seller to furvisb Huyer with a copy of the Declaration (other than plats and plem), tic bylaws the rulca and reguladonts of the association, and 433
1,r4 a Ctatificatc containing the provisions sd forth in ¢S407(a) of the Act. 434
435 11
Buyer Jaidaw. AO-
- A/S-R Page 7 of 16 Srlkr Iaitbhh: ?3s?•
435
Revised 9lOs
06/05/2009 10:50 71723671139 L1.V..t?"?5!'?'?x?t?'al!_'ur ?HaG o?
HG?alc and auy o her docun)cnls ncccsquy 41 enable Seller to comply with tic relevant ?.c . T'hi.Act provides that the assoeiarirm s req'AhvA tv
ras
provide these documents within 10 days of Seller's request. 4A
(13) Seller will promptly deliver to Buyer all documents receivers from the arsuciabon. Undta• the Act. Seller is not liable to Buyer for the Wture of 448
441
the w4sociatiun to provide the Certificate in a timely master, nor is Seller Jiubl a to Rv,ecr fior any incnnut information provided by the associ-
44;;
4?
1
ation in the C;enificm.
(C) The Act pro% idcc that Buyer may declare: des Ageemcmt VOID at any time teforc Buylu mceivts the association documents and for 5 days anti- All.
441
4 OR witil setttemmi. whichever occurs first. Buyer's notice to Seller must he in writing,; upon Buyer declaring this Agreement void, all
receipt 484
;
deposit monieF will be returned to Buyer according to the terms of paragraph 30 of this Agrcenwnt. 445
(1)) If the ammiation has the right to buy the Property (right of first refusal), anti the association cy.Lmigcs flint right, Seller will reimburse Buyer fear 446
any costk incurred by Buyer for arty inspections or certifications obtained according to the tem7s of the Agroctric , and any costs incurred by Buyer 447
lor: (1) Title search. title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance and/or fie insurance with do
cxu. vded coverage, mine subsidence insurance, or any fee fi1r cancellation; (3) Appraisal fees mud charges paid in advxne:e to mortgage lender(s). 849
aao
441 21. MAINTENANCE & RISK OF LOSS (9-05)
(A) Seller will maintain the Property, grounds, fixtures and personal property 6pecifically listed in thin Agreement in its present condition, normal 460
491
452
451 wear and tear excepted.
(B) if any 9yatem or appliance included in the sale Of the Property fails before settlement, Seller will: 452
4S7
454 k. Repair or replace the failed systaD or appliance before settlement, OR 454
M6 2. Provide prompt written notice to Buyer of Seller's decision to: 455
Credit Buyer at settletent for the fair market value of the failed system or appliance. as acceptable to the mortgage lender(s), if any, OR
a 456
408
4.57 .
b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed syotcm 457
458
4 or appliance.
if Seller dues not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller fails to noti-
3 am
4$9
5y
460 .
fy Buyer of Seller's choice, Buyer will notify Seller in writing within _ 5 DAYS or before sefxlcMGI)t, whichever is earlier, that Buyer 4%
461
ay: will,
a. Acccpt the Property and agree to the RELEASE in paragraph 27 of this Agrxunent, OR 461
42
461 b. Terminate this Agreement by written nonce to Seller, with all deposit monies returned to Buyer according to the tcz= of paragraph 401
464
465 30 of this Agreement.
(C) Seller bears the risk of loss from fire or other cosualoce uaW settlement if any property included in this sale is destroyed and not replaced, Ruyer will: 464
465
498 1. Accept the Prbptxty in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 466
46; 2. Terminate this Agreement by written Dotice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467
08 this Agreement 468
an
469 22. COAL NOTICE (Where Applicable)
TnANSFER, INC MDE OR 114811RR THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNBATM IM 9URYACE LAND
CONVEY
Tins DOCUMENT MAY NOT SELL JIM
470
471 ,
,
DeSCxtaEb OR REPERRED TO H MM, AND THE OwNP.R OR OWNERS OF SUCH COAL MAY HAVE TM COMPLETE LEGAL RIGHT TO )MMOVE ALL SUCH COAL AND 871
472 M THAT CONNRCrION, DAMAGE MAY RESULT TO THE SU"ACE OP THE LAND) AND ANY HOUSE, GILDING OR OTHIM STRUCTURE ON Olt IN SUCH LAND. (?'? 472
Ora notice is set forth in the manner provided in Section I of the Act of July 17, 1957. P.L. 964.) "Buyer acknowledges that he may not be obtsiuiog the 471
474 right of protection against subsidence resulting ftom coal mining operations, and that the property described herein may be protected from damage 474
475 due to mine subsidence by a private contract wilh (be owners of the 4 ceramic interests in the cool. This aeknowkrdgem at is made for the purpose 475
47µ of complying with the p?vvisions of Sectim, 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27,1966.- Buyer agrees 476
W to sign the deed from Seller which deed will contain the afomaid provision. 477
478 23. POSSIESSION (945) 478
476
479 (A) Possession is to be delivered by deed, keys and:
400 1. Physical possession to vacant Property free of debris. with all structures broom-clean, at day and time of settlement, AND/OR 480
481 2. Assignment of any existing lease(s), logedw with any WuritY depOSits and interest, at day and time of stttdement if Property is leased at 461
481 the execution of this Agreement, unless otherwise Stated in this Agreement. 462
483 (a) Buyer will acknowledge existing lease(s) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 463
41A (C) Seller will not enter into any new leases, cthrntsiorw of existing leases or additional leases for the Property without the written consent of Buyer. am
484 24, RECORDING (9-05) 111ie Agreement will not be recorded in the O%ec of the Recorder of Dacds or in soy other office or place of public record. 4%
486 if Buyer causes or permits this Agreement to be recorded, Seller may elect w treat such act as a breach of this Agreement. 486
417 25. ASSIGNMEN'T' (9-05) This A ecincrtt is bettdtng upon the parties, their heirs, personal repmacotatives, guardians and successors, and to the extent 467
483 smignable, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consort of. Seller unless other- 4N
483 wise stated in this Agivemout 4N
490 26. GOVERN(KG I.AW, VENUE do PERSONAL JURISDICTION (9-05) 4"
491 (A) The vulidity and construction of this Agreement, and the rights and duties of the parties, will he governed in accordance with the laws of the 491
482 Commonwealth M Pennsylvania. 892
eot. (R) The parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party #A
494 shall be decided exclusively by and in the state at federal courts sitting in the Commonwealth of Pennsylvania. 494
49s 27. RELIMS E (9-05) 49S
498 Buyer releases, quit claim and forever diaebat" SELLER, ALL BROKERS, thek LKANSEM E119PLOYEES and any OFF1C IM or 498
497 PARTNER of any one of them and any other PERSON, FUM or CORPORATION who may be liable by or through, terns, bun nay and 497
496 all claims, losses or demands, locluding, beret not tilmked to, personal Injury and property dasaage and all of the consequences thereof, whether 488
406 known or cot, which may striae from the presser of termites or other wood-boring Insects, radon, lead-based palm %mords, meld, (nee or eN
son, indovr air quality, environments) hazards, any defects in the Individual on-lot wage disposal system or delkkaaes in the ten-Rate water sere- %w
5e; ice system, or any defects or conditions on the IPreperty. Should Seller be to defoult wader the terms of this Agreement, or In violation of any 901
?rG seller disclosure taw or regulation, this rclew does not deprive 14atyer of any right to pursue any remedies that may be oval'fable under law 502
Gor, or equity. This release wig u re settlement.
W zatyerr htittl,rls:_ A/6-R Page 8 of 10 Seller Initials: ; M
Revised 9105
06/05/2009 10:50 7172367139 LIV1N. 'jb L'urv ?HIaC _IV
A10 tKl An iY•:;(L;.M118rk 4ta,,;t&r013, aaw?inerrtl;, ixniwutnrw ex:uvuua, 4,aan, L;c v. 1.:,,, •, a ., ?, I'J f - , ' _.
f1T3ted u ern?n in :iris A?7 NiiAot. '('bj; Agrenn,a,1 c:L)nt:tios the
to 't
l
,,t: ess cxrmwt - Y
P
ees, oBicc.-,?$ Lr llootners are not a pat of this Agreement un
whole agreenvenl between Seller one Buyer, and there are no ether Terms, ohli.gmiona, covcua.tits, A• Cprescailations. slatatnUhtS ter t;lNtditi0115, not)
rkili
i
'.08
y g
!t w
of any kind whatwever concerains this sale. This Alpvem -nt w-ll not be elimc-d, arnewled, changed or modified exccn
or otherwise
sp
sea
S
. ,
executed by the patties.
(A) Unleas otherwise stated In this Agreement, Bayer has inspected the Prop" (,Including fixtures and soy personal property specillcally
SENT
F
' v
1
t „
fS PR
listed herein) before Ngnlwrs this Agreement or hats waived the right 4s do so, and agrees to purchase the Property IN 1 z
5
5t2 CONDITION, buyer acknowledges that Brokers, their Ifeensees, employees, officers or partners have not made an independent exam- -1:
513
inatiua or determination of the structural soundnew of the Property, the age or conditonn of the compnneats, environmental con une,
ctn
614
51v the permffied uses our of coaoBtknns existing M the locale where the Property Is e)tuahd; nor have they made a mechanical intcpect(ov o 515
Ste any of the syafems contained therein. silo
S!7
stT
510 (C:) Any cphu required by this Agreement will be compitstcd ash a workmanlike manner.
(D) Broker(s) have provided or may provide servicce to assist unrepresented purtics in complying with thisAgtwcoient ytG
5t?
514
sip 29. WFALI T (9-05)
(A) Seller has the option of retaining all sums paid by Buyer, including the deposit mtmieN, should Buyer ?,
521
set
5 i . Fail to mike any additional payments as Mcicified in paragraph 3, OR
b false ur incomplete infonnation in Seller, Broker(s), or any other party identified in this Agrocawd concerning Buyer's legal or
i
F
2 522
22 s
urn
.
$23
524 financial status, OR
Violate ro fail to fulfill and perform any other terms or conditions of this Agreement.
3
524
525 .
(Il) Unlace otherwise clerked is paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit movies: 52$
Sm l . On wwount of puroblev price, OR 629
327
$27 2. As monies to be applied to Seller's damages, OR
529 1. An liquidated damages for mcb breach.
Xr SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOS11 MONKS, AS LIQUIDATED DAMAGES.
C 528
521
529
570 (
)
(D) If Seller retains all sums paid by Buyer, including deposit monies, a?: liquidated damages pursuant to pampapb 29 (B) or (C), Buyer end Seller sw
531 are released limn f udw Liability or obligation and this Agpoemad is VOID. 571
532
533 30. T]ERMiNATION do RETURN OF DEPOSITS (9.05)
(A) Where Buyer taminew this Agreement pmusat to any right granted by this Agreement, all deposit movies paid on account of purchase price S32
533
SA will he returned to Buyer and this Agreement will be VOID. The broker holding the deposit monies may only release the deposit monies accord- 534
535 ing to dte tame of a fully executed written agreement between Buyer and Seller anti a9 permitted by the Ruin and Regulations of the State Real sus
$36
537 Estate Commission.
(B) if there is a dispute over entitlement to deposit monies, a broker is not legally permitted to determine if a breach occurred or which party is enti- 539
537
516 tied to dclsusit monies. A broker holding the deposit monies is required by the Rules and Regulations of rho State Real Estate Commission to 538
599 rctaah the mcmies in escrow until the dispute is resolved. In the event of litigation uver deposit monies, a broker will distribue0 the monies accord- 5,
Soo ing to the terrors of a final order of avert or a written agreement of the patties. Buyer and Seller agree that if any broker or affiliated liceuaee is SAO
541 joined in litigation regarding deposit monies, the attorneys' foes and costs of the broker(s) and licenscc(s) will be paid by the party joining them. ;:1,
542
543 31. REAL ES"I'X% RECOVERY FUND (9-05)
A Real Estate Recovery Fund exist, to reimburse say persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 442
5a3
,44 owing to fi•sud, misrepresentation, or deceit in u real estate transaction and who have been unable to collect the judgment after exhausting all legal 944
545 and equitabic mmadim. Por complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) aatd (717) 7143-4854 (out- Sas
$46 side Fcaosylvania). ses
64r
547
540 37- MEDIATION (9-05)
(A) Unless otherwise cbmired in paragraph 32 (D), Buyer and Seller will submit all disputes or clainns that anise from this Agreement to modistivn 549
549 in ucc irdonce with the Rules and Pr4wedures of the Home ShcerAlome Buyers Dispute Resolution System. Any agreement reached through sop
550 mediation and sigthod by the parties will be binding (see %formttion Regarding Mediation). 550
551 (B) Buyer and Seller have received, read, and understand the Rules and Prvicedutra of the Home Sellers/Hone Buyers Dispute Resolution System. 151
552 (C) Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 552
553 (D) 41 MEDIATION 1S WAIVED. Buyer and Seller understand dot they may choose to mediate at a later date should a dispute or claim arise, 553
564 but that their will be no ohligation for any party to do sc. 554
556 33. RESIDENTIAL LEAD-pASED PAINT HAZARD REDUCTION ACT NOTICE ("aired for properties bulk before 1978) (9-05) $35
s56 Lead-Based Paint Hazards Disclontre Requirements: The Residential Lead-Based Paint hazard Reduction Act requires any seller of prvp- 556
557 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet tilled Proirct Your gamily frvm Lead in Your 197
S59 Home and to disclose to the buyer and the broker(s) the known presence of lead-based paint and/or lead-based paint hazards in or on the proper- 658
Be ty being sold, along with the basis used for dataminiog that the hazards exist, the location of the hasardx, and the condition of painted surfaces. sss
;;,6 Any seller of a pre-1978 structure roust also provide tie buyer with any records or reports available to the seller regarding iced-beset paint and/or sso
561 Icad-based paint hazards in or about the property being sold, the common areas, of other residential dwellings in multi-family housing. Beforc s 561
3e? buyer is obligated to purchase any housing constructed pryer to 1978, the Act requires the seller to give the buyer 10 daye (unless buyer and sell- 5o'
563 er agree in writing to another time period) to conduct a rink assessment or inspection for the pre$== of lead-based point endfor lead-based paint 593
n64 hwmrds. The opportunity to conduct a risk assessment or impaction may be waived by the buyer, in writing. Neither testing nor abatement is PA
srtis required of the caller. ,Ilousing built in 1978 or later in nut subject to the Act. 569
586 X NUJ- AP'PLIt:.ABLE. Property was built in 1978 ur later.
xiT O APPI,iC:ABLF. Property was built before 1978. Broker must attach the Lead-Based Paint Hazards Disclosure and inspection 567
FNt Contingency Addendum (PAR Form LPA) or another ameptahk form with the isnforsnatlom required by eke Act, and provide Buyer 6149
409 the pamphlet ProrerrYour Fumdy jvm Lard in Yom Xemr. Bayer(s) must initial below that they have received both documents: st19
;;? _0" Lead-Based Paint Hamnle Disclosure and kupoctimi f amtingency Addendum (attached is part of ,bls Agreement). 5-1
Fmrect Your Family farm Lead in Your Flan s'1
a+. ,Ilnycr MidoW , _ AMR Page 9 of 10 Seller Initials: ? -• ?•-- V.
o..:...e am"
U'.
67S
576
577
578
579
56U
501
S82
613
584
515
see
•567
588
589
590
691
Sri
591
595
590
597
596
599
ON
601
602
06/05/2009 10:50 7172367139
? Sale & Seulelnent of Other Cropetty
Contalgcncy Addendum (PAR Form SSP)
O Salc & Settlement of Otba Property Cmctingcncy
with ttiot to Continue Makcling
Addendum(PAR Fonn SSP-CM)
(B)
pP
resat !.t
I,'- I UN
G Setilcmcnt of Other Property Contingency Addendoln (1'AH F,wm SUP)
5?5
? Tenant-O!:cupied Pmpe ty Addendum (PAR FOrt11 1VP) 5n
OO -_-_ -- _ -- - --- ere
579
t 11 dso
581
583
553
564
roc- 686
U -CO ttA?1 E PC
t1o
U?' " 7 S
f7A LVe- rs
506
t NtS?(?`?? Q1 507
OF S't1.4?. O-?.1? ?JCx- SF C"l"1? 51111
kA-Af 1-9-
591
Sol
59r
694
s96
s96
5Y/
Buyer and Seller acknowledge rea4t of a coplr of this Agresment at the time of s16n1e8• 690
NOTICE TO PARTIES: WHEN SIGNED, TIDS AGREEMENT IS A BINDING CONTRACT. )'artier to thle traassaetloa are advised t* Consult 6" Goo
as attorney before sigain6 it tisey dalre bpi o"Ce.
Return by facsimile transmission- (WAX) of thisAgreeal!ent, and any addenda and amendments, bearing the siprs!tarea of all parties, eonedtata O01
. 1101
acceptance by the parties.
603
90.
Cos
806
007
Goo
60t
? Bayer has recdved the Consumer Notice as adopted by the State Real Estate Commission at 49 Fig. Code ¢31336. 863
? Buyer has received a statement of Bayer's estimated closing cosh before ?g this Agreement. 804 [I Bayer has read and aaderstands the notices and explanatory La6srmailen la this Agreerne
606
s
sited by law (see Lcformatba 1Reaardiag ON
? Buyer has received a Seller's Property Disclosure Statement before lignieg this Agreement, it req
the Red Estate Seller Disclosers Larry. 607
? Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit mew) befog signlag this Coe
1109
Agreement
41o BUYER'S MAMING ADDRESS:
oil
612 WITNESS.
613 WITNESS
614 WITNESS
610
011
DATE 3-d 9912
DATE i WM? 613
DAT)r 614
61S Seiler has received tkc Coasuaw Notice as adopted by the State Real Estate Commission at 49 N. Code J35336. 616
o10 •
Sexer has received a statement of Seller's estimaeed closing costa before algdq"Agreement. 6
61
Seller has read and uader'sssads the a9does and explanatory Information ial We Agnmeent. 817
617
618 SELLER'S MAILING ADDRESS: as
B19
619 HA-
SELLER
ATE??
ego
62o WITNESS
621 WITNESS SELLER DATE 021
on WITNESS. _.._ SELLER DATE 922
A/S-Rt Pop 10 of 10
Rxvited 9/05
re! i . ao: ,lnr%r
EXHIBIT "B"
¦ ?selCsa? ?3•ai?sa a ss?tx#X?YSx'?i?aell?sasa aSovas:.
4f
u
it
13v
as 5:31 ?E ?s£IREM I?? t 1?s °Lu "%20
94 IL
141, t
P9
t 21
a 11 11 1 11
rill kg:
4
A? l
A? ?.. L_
6 I
IL
r A s
was ?.
K Awls
till IF
Al I
sss:sa-sssasatoa:•ssasseYa+ssaaasvQda¦s3ac:aa cc.:ase_.-........-
? ?p
m
m
m m
Lr
Q
?y
m
Q
m U
N 2
w
v Ih
f ?
v Q
rn
v
L?
en
p r
D
0
C
rn
?b
C
f
c
I
(0
N
I
06/05/2009 10:50 7172367139 LIV;_rv= !uw&!'1F %0I- v"
_l 01IM or oov r slte.suioms been made to the .Prot'" a
9 7. ADII?TTI(J?N`.IJAL'1.6RATI( X19 Hove e»yl'ddilions, structa 6?, 40
0 during your, owxtom ip7 _ Ives ?No Pak CSC term is owlf'00 final m lone?ypprovsls 01
APp
n (f yea, lift e.ddiboee, atructttrtd changc9, or on
a _ (use additional ehecla if ncoeseary). _ 491e orwort (Yo9M /Unknown) obtained? ('Y"/N0(Unknown) a
a
a - «
IM - •
a a
01 7210.101 at sag. (ef)frr M.e ?t70I), -4 le.cd wades esa7bfi t standcarlor 6wdtdlR ared w
o. Nile to
prBmw. opthe Pt castrrucAan code Act w 35 /!S 4 mini. c?pp?m01X wa s rreewmwy)br dlscknW -1mit ad q a
es nlrs7ag poparrler. 6uw+y transeld cher? with flat mta:fahaMO? b ?? 97??*+? be &a ?s.rr.ew o~ a, qwa* or r:sernac a,
?v .sn, whe&, *,y went obeft d Wham rajW rdperwdp wan nor o16&wWA !lye hw wA01 "?
71 calm goo nmde by prkw ni nera. Baryon *A how dwp w* by eat cow, in Wider WNPUUM= 10 dtarnrlrer primm rXer: 4auw r.
7z title iKrunossa)aotlela nrep+ be aNOilaMe Jhr9ryas b ao711r dk rNiE ?(wo?t olive ro Ilse prepeM byP^eWoa° AwrrR? wbhOM? a pt?ntlr ? ? iZ
n
73 S. WATER SUPPLY Coaortvur.ity W n
74 (a) What is the mume of your drinMuff water/ Public Water _ Woll on Property
a
n _ Now - ()steer (acplsin): IS
71 (b) When was your water let bested? -)W nlsaha. 1T
aT if your drinking wiw eourm is not PUW is the PWMPM9 system in wodnng endze T Yew _ No
76 If "M" oxplsia:
79 (e) Do you have a sotlener, filter, or odtar tleaaalMR aystar I? l/oe -.)L No ?
r if you do not own tltc ayiaam, explain. w
a (d) Have you ever had a problai wbh your waken supoly? Yee .X_ No
M (a) Has your well cvor run dry? _ Yca _ No _.)L Not APP" °
ra (f) To those a well on the pmp$TV not wed of ti.a primary SOM M or drinking water? T.-.. Yes _X_ No M
K if yea, is the well capped? Yce we
as (g) to the water aytaeen ahWGV _ Yes No ~
a; (h) Aye you were of any leaks or other problem. past or prwsart, relating to the water steeply, pumping sysesrn. sed related Imm? to
u _ Yes _X No a
)6r7cplaia sway hetadlaas the I r don and extant of any praMeat(s) and any mpsir air remo aNoo affwb-. in
a 'W a^ an9wsru Jim this se ?ey M
M ?
n 9. S MAGL MTRM 01
12 (a) Wbat is the typo of sewage ayvtem? __X Public Sawa _ bu%vidual On-lot Sewage Disposal Syntwn 01
a Individual On-lot Sewer Dispaw Syslaa in proximity a Well Coremunity Sewage Oiapwal Sy9tan ao
to Ten-acre Permit Exemption Hditg Unk None Nona Available/Permit Limitations in Effect «
>r
>s „Otbef type of sewsgtr syalem (11"b "k
a (b) Ir individual 0*4ot acwvage ryd4m, what type? _ Cesspool Drslnl9eld _ Unknwvtt tr
w Other (specify), a
w (o) Are there any septic tanks on the Property? _ Yes No Unknown w
M If *W what type of tank(s)? MoWAmal CcsaaWcooter+ete _ Fibagiass Unknown R
in 011W (sPK*)' 7sw
701 (d) Whcn was the on-site sewage disposal "I"I last servioce tat
wt (c) Are there any sewage pumps located on the propew Yea _, No a
ne if yes. type(s) of Vamp(s) Arc pump(s) in working order? Yes - No tea
ra Who is rt:spounble for mainwaosee of sewage pampa? 104
too (f) is the sewage system shared? Ya _%_ No In
tna (g) Are you swam or any pant a pmscM )elks, bwkapn, a dhw pimbloms misting to the sewage ytaam and relow itwe _yw _4No to
.07 Explain any "yes" answers in this Ised0% 1cet bWft the loran ND satd extent of nay Prebkvd(a) irad soy repair or vemedledoa dta ft- to
ma
.a
in 10. PLUMBING MTEM .es
lie (a) Type of plwnbing (dt•ck all that apply): _ Copper __X_ Galvaeixad _ Load ._. ( PVC - Polybatylene Pipe (PS) eta
m
tat _ Mixed _ Unknown Outer (atepladnr
112 (b) Ate you swam of any limbleme with any of ymw ptumbingg flxttnes (e.g., including but not limited to: kit b", lawidty, or bath- tit
77a room fixtures: wet bats; olc.)? _ Yes JL No 112
714 If'?row; explain- 114
i,t 11. i?oitM.B'l7C WA-rr.>oI REMING Its
716 (a) Type of water heating: __.,ov.. Plecsie Nandi Gas _ Foal Oil Pmp•nte _ Sloiw ,____, &wnnwdl Wff Ne*'Up ns
117 Other (explain). in
t.s (b) Are you aware of arty problems with any water heater or related agoip rnt7 Yee No lie
tit If "yes." explain: tat
1701loyer Infftab: Date MD Page 2 of s Seller lows- ±?Q Mac _ J, D 72t
s???3##?c3'sail???s#s'#x4i#3??:6uN:1
yyy A i1 SEERS gat I I 14c 11
.? W • •
s9 Ow 3.?
il. . a. a a
I I
I -
Fit
it
t
I
a
all
?3????y337as#i3i###ii'ss##yiiZ?o'ss=
;#
CD
?s"o?"ssxytlai##8s3si#??cars?i? ?,
\
ass SO EP co
5
M
ID
Ila
Is zr
co 0
J. LC
I
e ?? I
a ! m.
a ?
06/05/2ee9 5f? 7'.72''61i.jiJ 1-i Uri •? lot
ter, 4) is fhe prDpcftY or a pow opt, ?x°fircntally asst:saed for Um purposea, or subject to Ilreitcd dcve(opmerrt ri91`137 ,er
,st Yoe No if 'free", ctxr%k all * apply below: Clear srtcl /3reea Pm4nrn) 1ee
ea _ Fatmlaed and Forest L.sstd Amt Act - 72 P.3.115490.1 et seq. ( ,w
,w Ope* Spaea Act - 161! S. f 11941 at seq. in
,et Agricwtteral Area 9emirmy Law -1 P.S. 1901 et seq. 1pev M RiBhts) ,n
in _ Other -
rye /Vote All Buyer. her enaetad the R4hi to Fenn Act (3 PS. a 931-957) In an dbK to ttndl the Ctrtrmtelancta MOUAW in
in
Puotryh?onia
iw which aSylemitttnol operaf ! May be /MhW1 to nabraom suds or an*xmr:trd. 1ltryera one enemy ged to hmvdigata whither any in
in ariOd hrral opr,Yat M Covsned by Me Aar operate a the vtcnur)r of the property. 1N
,ro Riglaia soy -7"." answers In this wed": to
to IN
,a (b) 11'teedt?rainer to
tw 1) Is my part of. this prep xly located is a w edanda area of a FWA flood zone? Yea _ .Nu _ Uokmmn
,a 2 Do you (know of airy PW or Pert or ftaodkg Problems 16000S do propem? Yes .J( - NO ,w
uz ic:plshe soy "yell" amwen to thin WAim, indodMg dates srtd "t"t of flooding: tN
,ee W
to (c) ll+aondsurtss es No rat
OT isammooft at?caae , Y
,w 1 Do you knrnv of MW ommuhmmt boratdary hat; 41WOM,
in
>h Note to Buyer. Mart pmpeniav have cateme m rwm*q mma than for cattily sa vim and odwr reowns• In many max the
orsfinmy area 01 rho pvpff % and Sutter gray not be mmaty awom of dlron. Bryan may wbh ro see
de m me nd re the nd ordering an Abases 0 Ilik or aearChLgt m
m ttsrminw the wcttt trtisat rt ? owowrsmmo r, ? and roA,tetiaw by abteoeotna4t LW Primp" ar art
era Ow r,ecomb to the OJJke 44w Rownfar ofPW*) r the a?ar Y bon emertrrir brdo an qgrmmod 4#rmk.
an 2) Dr; you mcceaa *e prr a R toad or bet _ Yea ? No m
perh' flvan ^'?
SO if yes, do you have s nomdod ftW of way or tnalalerrarree sprcemwe -yes -X-M in
3) Are you. more of soy ahared or eoemmm m M (e.S, driveways. bddrs. dmka. wetb, do.) t7WrRarw m
m
s>r Yea -JC No m
aw J?rPlaiw awy 'ysa" aewwen b tiia strdi..: toe
an
an
NO t7. HAYARDOUS 9UM7AN CICS A14D ETNIRONXIMT1TAL ISSURS
zte (a) Are you award of dory mimim found an*& (~dm borne heating fuel or eaptac tamer disdnmdAbovo Y not I4( b re
tt?. at
xtr (b) Are you aware of duty pot er preem bomtrdad m*sbncn present on the property (aftimoM t ?) mook as, nx wbOm er I hlorinsted bipbmyN (PM), dD.7 _ Yeq K No M:
Po Yo
yes (c) Are you aware: of sewage ehtd6e (odm tban eommeralally available "UZer mdoeft) bdtK speed on ft props. or hm you oil
? ne
xr• received written rolice of aswago abrlp bsirtS spmad on an at moat p ropey? J Ya -- C No
yell (d) An rm low ism of any tots for mold. t6ngi, or indoor sir quality in rho propmty? - Yea No are _Jie re (e) Other then gomeal hmumhold dosoldi;. have you taken any dfix to control
or reeeedWe mold or anold-like eubsum a in the its
propaW7 _ Yes -?& No err
yea Awes or Buyer trrdh4dtt b my be offic ft AWWWnOM or not a 4 by mold canlowrin thm. ,j'•PmV mr mint imflara or Oubor air 4Mal- ne
rsooom on this inure 4 re
m toy is a cOteoerti bdtyars errs a'a71R?1 to ? tM aeniase gird ?t1AadP??eMnol is & swift Ito6
?'
zm ovaitabb Jhrra the tlnetad SYarev lbrvbaetarerHgt J+lrttectton Agency and ntoy bet obtained by oonmabW IAQ MFO FA. Box57155. sae
at,
errs Wuhbtp m D.C. 20013.7139. 1-dtlll.438-I5.Id. m
aaa (f) An you aware of any dapping on rho popody? ____ Yas Y No
(B) Have you teesived wrimn notice ing the pmocnm of an environmental ha:md at biohaw<d on your property of any m ya NQ
tar
Am you t aware toota for radar Sm di at Mrs bees prod in say buildings on the pn*aty7 Yn No W
en (b)
m Of "yea." list dab, type, and dosdse of all test below:
m DATE Tv*e or 7'crar Rtq MTa (yioowdee/liter or wo&htz levde) NAME OP TesnnO St MCK m 1111
call M
m
to
an (i) Are you aware of any ado rencoval ttyalsm on the property? Yea No err
m If "yon," list doer imftl%d will. type of symm, and w hdIW k is io woridn(t order bek"r
*x DAM IMTArd•110 TV" OM Svtltwae PROMMIL Woarurro ORVm7 Of
Yes No an
a
am Yea -No err us (j) If property was constructed, of It oaatsgnraion began. bcfoRC 1978. you must diaetose a0' lmawl? of ked-based paint on tho m
:e
ere property- Are you oneam of my losil4mad poi nk or load-bred pi,et haltards m an propesty7 _ ea J no
>tt
gar If "yet. tnc Wn haw you koow of it. wham it is, and the owWWoo of, thm kadfisaed paint serfscas:
IM
in
sae (k) lf. pcgmty ww ooa+stx mwd, a if ooraancdon bo`an, belbre 1976. you must daadoao asN ropurto or records of Isad xwm$ pttJvt err
an or kad-besad paint hazards on die propmty. Art: you aware of any reporter or mcorda sapWirm lord-balled pahat or lead-based paint w
241 hazards on the property? Yea _ No w,
m if "yes," list all available reports asrd roads: at•
Dsts as
'"Buyer ItaMMb: Dale STD Page 4 of 9 SOPM IONIAN
06/05/2009 10:50 7172367139 L1VINUSD!J`&MA'a1.UN ??+u'c/ ao
ring on the properly for any otbler ha=fdov8 eubdenow or envirrirnrnental COfrcema 7 ?. _ Yee No u
to ()) Are you swarC Of lee stti70tthmt es M aovirorrnentrrl ppnr,,?rrte that nriot impact upon. the pml»
I" (m) Are YOU !ware of pf eery other hazardous aw
»f Yes _ No --- ate
tlr Explain any ,yce answers in this sections --- NO
--- aN
!11
aft
ate
xsf ATTON8 m isle only it applicalbb) 26t
an IS. CONDOI?IIITMS AND I TIER HOMEOWNER AS'OCx (GP
Grndueplnlum Cooptretivs Homenwner Association planned Corammalty
aft Type: sbs
aM Qthar refer py? C+?rwanlBaf: A. Dwer o1 a reaoTe well in o oondo?nt?+lum.
;" Notice rra C Ca cnope?a` ae?
mne cwv .
livie, or pl planed cOtrtnrfs+lty nrtAtt Jtrdive vs a a Copy of She dtCTorm?on (Other than the plats and plena), jhc by-4nw. the nJer or rwjlo- sn
aft the arsocia"On in the cnndomintann, cooperotlva. or planned cone- ae
wale net bona, and a Cerfocahr of 4,16A latoad o
29 mmq Buyers may be rwponsihk fbr report w gfOwtonr. intttatian, fear tvlth the ra ojAAdgx?rN names xrrll the ce?f?R- as
ss. main!: momw !Fear The lrreyer will hove tell optlorr qP gRB &C agrMssm, as. Cate fiat bean provided to Me b*w' andfor five dirt's )*On ftdr or taut! ar nveyoaea. "hklfe+w no s.)lr
ft aw
tee te_ M11WIDLt,AMOUB
Al (a) Are you aware of any historic Pmwvation rostrledan or ordinance or archeological designation asaooiated writh the P"Ity' ON
X2 Yes (b) Ave you aware of say estismC or tberZat rAd Wpi ssdon ATecdng the vwcrtY? - yes __4 No No
:a
m+ (c) Are you aware of soy viowoes of fedorsl, some, or lore! laws or boptolstiaas testing so ibis propoetY? _ Ya pteperty that remain
«reedottdebtm or hosteo?wner aWOCistion atse ssrnarbs>? the vas >N
(d) Are you *wWO ofsny pablic impov?, No sat
M ssr
M unpaid or of soy violations of zorriag, hwWT% bulldb & sainty or An ord numn slut t min vocoovedod7 -Y No
«reuenlsraooe. lies (far ?P10. CO_M" or sq fq loam), tr mtso payment co a ouppwt obli- fat
aft (a) Ate you sware of any judgment, m Mb 9007 - Yss -9- No 11f
Us gadon, or cow debt et this property dal cannot be satisfied by oF the peeoosds
rw (() A aware of say maam% hwbding a doted in tide, dal would prevafd you Aom giving a war nuft dread or eoavayft We to the sff
!11
rn pr- Yee .,? No ?)`tc ?
V1 (g) Aro you swage of orry ineautnrce clainM AW Mk f4pMWtY? Yea
an (h) Are you aware of any trwberisl deftess to the property, dwelling, or fixtures which an not disclosed al"Whae on this term? ra
ass Yee No
V4 A malarial dcfad is a poWan with a residential real property or ally portion of It that would ? that iPeard advome ot aim d o
are on the vahaz of tiro Property or that involves an a masonalrle risk to people on the popaKR is aeby a
system or subrymm is at or beyond the end of the normal usafnl M of vach a sbuceoral element. sysi m or aubsystom ' r V.
itself a material defoet m
BWlds say "yes" answers In this otelba- V.
w
" TM arderei ned Seller represents that the iadairsetlon set brtl is Ilbb 41selmeer statKsfeec Is aaarartt M areqlots to the bust
aft of S~,9 bacwladta Salter borebY autherifa ?.isWt6 Bfelaer to 1 Ibis ietrrrsalloa a Pres?satlve ethyl rt of the p M
ash arty and to ether teal estate dppanees. SILLIR ALONR 19 RzMNSMZ FOR THE ACCURA THE iM OMA ION a tnilansigm eta CONTAII?iM IN THIS STATEMENT. Soft gb M warren Buyer to be nodfld is
writing ertu0 Ppeil
rate - abge to dla eeedWao at the sty of Mfls earn.
am ffif"Ch b rcndertd - DATS Y' .%go ? s
Wr a
? yr?? s! SELLER
?
ter WITNESS SELT.XR DATE
-- e
DATE
tat VVI'I1vFB9 SELLER
Z31i:CUT014 AKPWV1STBATM TRUSTt:E SIONATURS JUAM a
r,M
in Aacofding to do provaloas of the Real kaofot Sella Disclosure Low. ft undersigrwd vwcuior, adminatrabt cc brotec Is not rotiviieW ¦
x
aft to fill out a Sellaeo ProponY Disclosure Stacmctd. The executor, admirristroW or kvdn, must, howovw. disclose any known mane- r
On rial defect(s) of the ptgwrty.
DATL a
M eta RXCEtP1 AND ACKKOWLLDCEMWgT BY BUYER t
ax 'The viodersigned Boyer ackeowtedges rsselpt et thb Dlsetssart Sntrersest. Bayer acksoWW" test this 8taftne t b tot a r
tm warranty and shot, salon state! edwawNe le the salts eostrack Boyer Is parebaat Ob pM/orty ti bs pry eoadkbs. it a
o f
I" Is Boyar's respwsltrW- to osdisfy Mn=W or kmedf of to the 11161" the proparey. Buyer 11"y twgaaet that the Prapt»7 a "um bete We ?-vf the straftra or to compa?swb- a
ere inspected, at Boyegnpon by 9 DKl'ELl?
I
M WrrN>r?? WOR _ DAM ? t
WT BUYER DAn i
ref mm ,9 .
w
err SPD Pone S of S `
Matthew M. Haar (85688)
Emily H. Bensinger (205919)
Saul Ewing LLP
2 N. Second Street, 7th Floor
Harrisburg, PA 17101
mhaar@saul.com - 717-257-7508
ebensinger@saul.com - 717-257-7576
,
, ?, ? r, ?Y tt A
14 Pry 4: 22
PENNSYLVANIA
Attorneys for Defendants Jack Gaughen
ERA, NR T, LLC, and Janet Rouen
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, Janet Rouen,
Defendants,
V.
William J. Livingston and Livingston &
MaGilton Realtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
: CIVIL ACTION - LAW
No. 2011-3635-cv
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANTS
171791.1 6/14/11
TO THE PROTHONOTARY:
Please issue a Writ of Summons joining William J. Livingston, Livingston &
MaGilton Realtors, and B & T Inspections, Inc. as Additional Defendants in the above-captioned
case.
Date: June 14, 2011
Matthew Haar, gs< (85688)
Emily H. Insinger, Esq. (205919)
Saul Ewing LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
717-257-7508 - mhaar@saul.com
717-257-7576 - ebensinger@saul.com
Attorneys for Defendants Jack Gaughen
ERA, NRT, LLC, and Janet Rouen
171791.1 6/14/11
-2-
CERTIFICATE OF SERVICE
I hereby certify that on June 14, 2011, I served a true and correct copy of the
foregoing Praecipe for Writ to Join Additional Defendants upon the following counsel by first
class mail, postage prepaid:
Andrew T. Kravitz, Esquire
Owens Barcavage and McInroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
Emily H.
17 f 791.1 6/14/11
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
V.
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, Janet Rouen,
Defendants,
V.
William J. Livingston and Livingston &
MaGilton Realtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION - LAW
: No.2011-3635-cv
: JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO: William J. Livingston, Livingston & MaGilton Realtors, and B & T Inspections, Inc.
YOU ARE HEREBY NOTIFIED THAT DEFENDANTS JACK GAUGHEN ERA,
NRT, LLC, AND JANET ROUEN HAVE COMMENCED AN ACTION AGAINST YOU IN
THE ABOVE-CAPTIONED MATTER.
SEAL OF COURT
Date: June Aff?' 2011 Prothonotary
171791.1 6/14/11
Matthew M. Haar (85688)
Emily H. Bensinger (205919)
Saul Ewing LLP
2 N. Second Street, 7th Floor
Harrisburg, PA 17101
mhaar@saul.com - 717-257-7508
ebensinger@saul.com - 717-257-7576
JHRTOTr E . FILM-OFFICE
2011 JUN 21 AM 10:4 9
CUMBERLANO COUNTY
PENNSYLVANIA
Attorneys for Defendants Jack Gaughen
ERA, NR T, LLC, and Janet Rouen
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, Janet Rouen,
Defendants,
V.
William J. Livingston and Livingston &
MaGilton Realtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
: No.2011-3635-cv
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW WRIT TO JOIN ADDITIONAL DEFENDANT B & T
INSPECTIONS. INC.
172032.1 6/20/11
TO THE PROTHONOTARY:
Please withdraw the Writ of Summons joining B & T Inspections, Inc. as an
Additional Defendant in the above-captioned case, without prejudice.
Date: June 20, 2011
Matthew NRUalaf, Esq. (85688)
Emily H. singer, Esq. (205919)
Saul Ewing LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
717-257-7508 - mhaar@saul.com
717-257-7576 - ebensinger@saul.com
Attorneys for Defendants Jack Gaughen
ERA, NRT, LLC and Janet Rouen
172032.1 6/20/11
-2-
CERTIFICATE OF SERVICE
I hereby certify that on June 20, 2011, I served a true and correct copy of the
foregoing Praecipe to Withdraw Writ to Join Additional Defendant B & T Inspections, Inc. upon
the following counsel by first class mail, postage prepaid:
Andrew T. Kravitz, Esquire
Owens Barcavage and McInroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
172032.1 6/20/11
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
L?.
OF; -E OF'RIFF
CF TNFLPROONONI ITARY
2611 JUN 29 AN 9: 22
CUMBERLAND COUNTY
PENNSYLVANIA
Wayne J. Wrightstone (et al.)
vs.
Jack Gaughen ERA (et al.)
SHERIFF'S RETURN OF SERVICE
Case Number
2011-3635
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: William J. Livingston, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ
to Join Additional Defendant according to law.
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Livingston & MaGilton Realtors, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve
the within Writ to Join Additional Defendant according to law.
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: B & T Inspections, Inc., but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Writ to Join Additional Defendant according to law.
06/21/2011 Jack Lotwick, Sheriff of Dauphin County, who being duly sworn according to law, states that on June 21,
2011 this Writ of Summons upon defendant B & T Inspections, Inc. is returned not served per request
from Attorney Emily H. Bensinger.
06/21/2011 Jack Lotwick, Sheriff of Dauphin County, who being duly sworn according to law, states that on June 21,
2011 this Writ of Summons upon defendant Livingston & MaGilton Realtors is returned not served per
request from Attorney Emily H. Bensinger.
06/21/2011 Jack Lotwick, Sheriff of Dauphin County, who being duly sworn according to law, states that on June 21,
2011 this Writ of Summons upon defendant William J. Livingston is returned not served per request from
Attorney Emily H. Bensinger.
SHERIFF COST: $69.00
June 27, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
,, Coun?ySuite She,& Teeo oft In;
( f irt- Ed t tr *4erfff
William T. Tully
Solicitor
•
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
WAYNE J WRIGHTSTONE (ET AL)
VS
B & T INSPECTIONS INC.
Sheriff s Return
No. 2011-T-2572
OTHER COUNTY NO. 20113635
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for B & T INSPECTIONS INC. the DEFENDANT
named in the within WRIT TO JOIN ADDITIONAL DEFENDANTS and that I am unable to find
him/her in the County of Dauphin, and therefore return same NOT FOUND, JUNE 21, 2011.
AS PER FAX STOP SERVICE
Sworn and subscribed to
before me this 21 ST day of June, 2011
-P?402
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
k;?
Sheriff of Dauphin County, Pa.
By
Deputy Sheriff
Deputy: KIMBERLY BARTO
Sheriffs Costs: $85.75 6/17/2011
tr.f- o
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
WAYNE J WRIGHTSTONE (ET AL)
VS
B & T INSPECTIONS INC.
Sheriff s Return
No. 2011-T-2572
OTHER COUNTY NO. 20113635
And now: JUNE 20, 2011 at 10:13:00 AM served the within WRIT TO JOIN ADDITIONAL
DEFENDANTS upon WILLIAM J LIVINGSTON by personally handing to WILLIAM J
LIVINGSTON 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS
and making known to him/her the contents thereof at 2941 N FRONT STREET HARRISBURG PA
17110
Sworn and subscribed to
before me this 21 ST day of June, 2011
-)P?4z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
So Answers,
Sheriff of D nhin.Ga?. P
By a - %Owv* wwM
Deputy Sheriff %
Deputy: G MILLER
Sheriffs Costs: $85.75 6/17/2011
41
M five o
William T. Tully
Solicitor
Commonwealth of Pennsylvania
County of Dauphin
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
WAYNE J WRIGHTSTONE (ET AL)
VS
B & T INSPECTIONS INC.
Sheriff s Return
No. 2011-T-2572
OTHER COUNTY NO. 20113635
And now: JUNE 20, 2011 at 10:13:00 AM served the within WRIT TO JOIN ADDITIONAL
DEFENDANTS upon LIVINGSTON & MAGILTON REALTORS by personally handing to WILLIAM
LIVINGSTON 1 true attested copy of the original WRIT TO JOIN ADDITIONAL DEFENDANTS
and making known to him/her the contents thereof at 2941 N FRONT STREET HARRISBURG PA
17110
PARTNER
Sworn and subscribed to
before me this 21 ST day of June, 2011
-)P*Z
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17 2014
So Answers,
Sheriff of D in
By
Deputy Sheriff
Deputy: G MILLER
Sheriffs Costs: $85.75 6/17/2011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFICE
Sheriff Qf CuOF THE PROTHONOTARY'
°ttr ?rb?r?tt
Jody S Smith
Chief Deputy Cs 2011 JUL - I AM 9: 24
Richard W Stewart CUM8ERLAND COUNTY
Solicitor OFFICE OF THE $f*ERIFF PENNSYLVANIA
Amended
Wayne J. Wrightstone (et al.)
vs. Case Number
Jack Gaughen ERA (et al.) 2011-3635
SHERIFF'S RETURN OF SERVICE
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: William J. Livingston, but was unable to locate him in
his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ
to Join Additional Defendant according to law.
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Livingston & MaGilton Realtors, but was unable to
locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve
the within Writ to Join Additional Defendant according to law.
06/15/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: B & T Inspections, Inc., but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Writ to Join Additional Defendant according to law.
06/20/2011 10:13 AM - Dauphin County Return: And now June 20, 2011 at 1013 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ to
Join Additional Defendant, upon the within named defendant, to wit: Livingston & MaGilton Realtors by
making known unto William Livingston, Partner at Livingston & MaGilton Realtors at 2941 N. Front Street,
Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true
and correct copy of the same.
06/20/2011 10:13 AM - Dauphin County Return: And now June 20, 2011 at 1013 hours I, Jack Lotwick, Sheriff of
Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ to
Join Additional Defendant, upon the within named defendant, to wit: William J. Livingston by making
known unto himself personally, at 2941 N. Front Street, Harrisburg, Pennsylvania 17110 its contents and
at the same time handing to him personally the said true and correct copy of the same.
06/21/2011 Jack Lotwick, Sheriff of Dauphin County, who being duly sworn according to law, states that on June 21,
2011 this Writ of Summons upon defendant B & T Inspections, Inc, is returned not served per request
from Attorney Emily H. Bensinger.
SHERIFF COST: $69.00
June 27, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) GountySuite Shenff, Teleosoft. Inc.
Matthew . Haar (85688)
Emily H. ensinger (205919)
Saul Ewin LLP
2 N. Second Street, 7t" Floor
Harrisbur , PA 17101
mhaar@s ul.com - 717-257-7508
ebensinge (a,saul.com - 717-257-7576
Attorneys r Defendants Jack Gaughen
ERA, NR LLC, and Janet Rouen
Wayne J. Wrightstone and
Angela B. rightstone,
v.
Anthony tter, Jack Gaughen ERA
NRT, LLC Janet Rouen,
v.
William J. ivingston and Livingston &
MaGilton Realtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
S
Or` THE PROTHONOTARY
2011 JUL - I PM 3: 39
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.2011-3635-cv
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT
172464.1 6/30/11
TO THE PPOTHONOTARY:
Defendant
Date:
Please issue a Writ of Summons joining B & T Inspections, Inc. as an Additional
the above-captioned case.
130, 2011
V_
Matthew M. ,mar, 4!s05688)
s05688)
Emily H. Be nger, sq. (205919)
Saul Ewing LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
717-257-7508 - mhaar@saul.com
717-257-7576 - ebensinger@saul.com
Attorneys for Defendants Jack Gaughen
ERA, NRT, LLC, and Janet Rouen
172464 ,1 6/30/11 -2-
Wayne J. Wrightstone and
Angela B. rightstone,
v.
Anthony tter, Jack Gaughen ERA
NRT, LLC Janet Rouen,
V.
William J. ivingston and Livingston &
MaGilton ealtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.2011-3635-cv
JURY TRIAL DEMANDED
WRIT OF SUMMONS
TO: B
T Inspections, Inc.
YOY ARE HEREBY NOTIFIED THAT DEFENDANTS JACK GAUGHEN ERA,
NRT, LLC,
THE ABO
JANET ROUEN HAVE COMMENCED AN ACTION AGAINST YOU IN
MATTER.
SEAL OF COURT
Date:
/ Prothonotary
, 2011
?• c
172464.1 6/30/11
0=
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2011, I served a true and correct copy of the
foregoing 11raecipe for Writ to Join Additional Defendant upon the following counsel by first
class mail,
prepaid:
Andrew T. Kravitz, Esquire
Owens Barcavage and McInroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
-A'?
Emily H.
172464.1 6/30/11
r
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
V.
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, and Janet Rouen,
Defendants,
V.
William J. Livingston, Livingston &
MaGilton Realtors, and
B & T Inspections, Inc.,
Additional Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,.
PENNSYLVANIA
CIVIL ACTION - LAW rnww _..- T
-
No.2011-3635-cv (A r i o
o
<a cn '
(Z)
JURY TRIAL DEMANDED ?
XC>
c
77 C-3
rn rn
DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT
Defendants Jack Gaughen ERA ("Jack Gaughen"), NRT, LLC ("NRT"), and
Janet Rouen ("Rouen"), by and through their undersigned counsel, hereby preliminarily object to
Plaintiffs' Complaint and aver as follows:
1. Plaintiffs Wayne and Angela Wrightstone ("Wrightstones") brought this action
against Jack Gaughen, NRT, Rouen, and Anthony Ritter ("Ritter") based on alleged
nondisclosure of prior water damage to the basement of the house that the Wrightstones
purchased from Ritter at 141 Allendale Way, Camp Hill, Cumberland County, Pennsylvania (the
"Property")
2. Plaintiffs filed their Complaint on April 13, 2011.
3. Defendants Jack Gaughen, NRT, and Rouen are timely filing these Preliminary
Objections pursuant to an agreement, confirmed in writing, with Plaintiff's counsel.
4. The Wrightstones purchased the Property on May 28, 2009. They were
represented in that transaction by Additional Defendants William J. Livingston and Livingston &
171742.1 7/5711 1
MaGilton Realtors (collectively "Livingston"), Wrightstones' real estate agent and broker,
respectively.
5. Ritter was represented by Rouen, who at that time was a real estate agent with
Jack Gaughen.
6. Rouen was not employed by or an agent of NRT.
7. Prior to their purchase of the Property, the Wrightstones hired B & T Inspections,
Inc.(" B & T") to perform a home inspection. (Compl. ¶16.) There is no allegation in the
Complaint that the inspection by B & T uncovered any issue related to water damage or moisture
in the basement.
8. After the Wrightstones settled on the Property, they claim to have discovered
problems with water in the basement of the Property and thereafter "gutted" the basement to
remediate the problem.
9. The Wrightstone's Complaint revolves around this alleged failure to disclose a
water problem. The Wrightstones blame Ritter, Rouen Jack Gaughen and NRT for failing to
discover and disclose the problem, even when Wrightstone's own agent, broker and home
inspector failed to identify it.
FIRST PRELIMINARY OBJECTION - Pa. R. Civ. P. 1028(a)(4)
Demurrer to All Counts against NRT, LLC
10. Paragraphs 1 through 9 are incorporated herein by reference.
11. The allegations in the Complaint regarding NRT are spare, and are limited to
averments that NRT owns and operates Jack Gaughen. (Compl. ¶ 5, 8.)
12. Wrightstones offer the bare conclusion that NRT is "liable under the doctrine of
respondeat superior" for the alleged misrepresentations and negligence of Jack Gaughen and
Jack Gaughen's employees. (Compl. ¶ 8.)
171742.1 7/5/11 2
13. Wrightstones aver on information and belief that all Defendants knew that the
Property had water problems in the basement (Compl. ¶ 40), that all Defendants intentionally
failed to disclose it (Compl. ¶ 41), and that all Defendants took steps to hide the water problems
and provided excuses when the water was found (Compl. ¶ 42).
14. The Complaint contains no allegations that NRT was aware of any details of the
Property, that NRT did anything in relation to the Property, or that NRT made any statements
related to the Property.
15. Plaintiffs have not alleged any conduct attributable to NRT.
16. The Complaint's meager allegations as to NRT are insufficient to establish any
legally sufficient cause of action against NRT. See Pa. R. Civ. P. 1028(a)(4).
17. The Complaint contains three counts against NRT - Intentional Non-disclosure of
Material Defects (Count I), Negligent Failure to Disclose Material Defects (Count II), and
Negligent Entrustment, Hiring, Retention, Supervisions, and Training (Count VI), which is plead
in the alternative if Jack Gaughen and NRT "deny respondeat superior liability for the actions
and negligence of Defendant Rouen."
18. What plaintiffs identify as a claim of respondeat superior appears in actuality to
be an attempt to pierce Jack Gaughen's corporate veil to assert liability against NRT.
19. Plaintiff alleges that Jack Gaughen is the employer of Rouen (Rouen is actually
an independent contractor) and therefore, NRT is "liable under the doctrine of respondeat
superior" for the misrepresentations and negligence of Jack Gaughen's employee.
20. "An employer is vicariously liable for the wrongful acts of an employee if that act
was committed during the course of and within the scope of employment." Brezenski v. World
Truck Transfer, Inc., 755 A.2d 36, 39 (Pa. Super. Ct. 2000).
1717411 7/5/11 3
21. NRT was not Rouen's employer, but rather Jack Gaughen was alleged to be
Rouen's employer. (Compl. ¶¶ 7, 8.)
22. As NRT is not Rouen's employer, NRT cannot be vicariously liable under the
doctrine of respondeat superior for Rouen's actions.
23. Any liability of Jack Gaughen could only be imputed to its parent company, NRT,
by piercing the corporate veil.
24. The Complaint contains no allegations sufficient to pierce the corporate veil to
hold NRT liable for any alleged wrongdoing of Jack Gaughen or Rouen.
25. As the Complaint contains insufficient allegations upon which relief can be
granted as to NRT, all claims against NRT should be dismissed and NRT should be removed
from this case.
WHEREFORE, Defendant NRT, LLC respectfully requests that the Court sustain its
preliminary objection, dismiss all claims against NRT and grant such further relief as the Court
deems just and equitable.
SECOND PRELIMINARY OBJECTION - Pa. R. Civ. P. 1028(a)(4)
Demurrer to Count I by Jack Gaughen, NRT, and Rouen
26. Paragraphs 1 to 25 are incorporated herein by reference.
27. Count I purports to state a claim for Intentional Non-disclosure of Material
Defects.
28. The Agreement of Sale, which is incorporated into the Complaint as Exhibit A,
negates the allegations of Count I and requires its dismissal.
29. Contrary to Plaintiff's averment, which is plead only upon Plaintiff's belief, that
Jack Gaughen, NRT, and Rouen knew there was a water problem in the basement of the Property
(Compl. ¶ 40), Plaintiffs acknowledged in the Agreement of Sale that "Brokers, their licensees,
171742.1 7/5/11 4
employees, officers or partners," had not made any independent inspection of the Property.
(Compl. Exh. A, T 28(B).)
30. As the Agreement of Sale expressly provides that no one other than Ritter and
Plaintiffs had made an inspection of the Property, Plaintiffs' belief that Jack Gaughen, NRT, and
Rouen knew about the water damage is contradicted by the documents Plaintiffs attached to the
Complaint.
31. The Agreement provided that Jack Gaughen, NRT, and Rouen made no
inspection of the Property, so the conclusion that they had a corresponding duty to disclose
material defects to Plaintiffs (Compl. 144) is unfounded. Jack Gaughen, NRT, and Rouen had
no duty to make disclosures regarding the Property. It is the Seller's responsibility to disclose
defects in the Property, not the agent's or broker's responsibility, and certainly not the
responsibility of the parent company of the broker.
WHEREFORE, Defendants Jack Gaughen, NRT, and Rouen respectfully request that the
Court sustain their preliminary objection, dismiss Count I as to Jack Gaughen, NRT, and Rouen,
and grant such further relief as the Court deems just and equitable.
THIRD PRELIMINARY OBJECTION - Pa. R. Civ. P. 1028(a)(4)
Demurrer to Count II by Jack Gaughen, NRT, and Rouen
32. Paragraphs 1 to 31 are incorporated herein by reference.
33. Count II purports to state a claim for Negligent Failure to Disclose Material
Defects.
34. The tort of negligent nondisclosure requires the plaintiff to articulate sufficient
facts to show that "[o]ne party to a business transaction is under a duty to exercise reasonable
care to disclose to the other before the transaction is consummated ... subsequently acquired
information that he knows will make untrue or misleading a previous representation that when
171742.1 7/5/11
made was true or believed to be so ...." Baribault v. Peoples Bank, 714 A.2d 1040, 1042 (Pa.
Super. Ct. 1998).
35. Count II does not identify any duty owed by Jack Gaughen, NRT, or Rouen to
Plaintiffs. Rather, the allegations of Count II show that only Ritter owed a duty to Plaintiffs.
(Compl. ¶ 55 ("The Defendant Ritter owned [sic] a duty to the Plaintiffs under the
Agreement.").)
36. Moreover, Count II does not contain an allegation that Jack Gaughen, NRT, or
Rouen had any duty to investigate the truth behind Ritter's Seller Property Disclosure Statement.
Indeed, no such duty exists.
37. As Count II contains insufficient allegations upon which relief can be granted
against Jack Gaughen, NRT, or Rouen, that claim should be dismissed.
WHEREFORE, Defendants Jack Gaughen, NRT, and Rouen respectfully request that the
Court sustain their preliminary objection, dismiss Count II as to Jack Gaughen, NRT, and Rouen,
and grant such further relief as the Court deems just and equitable.
FOURTH PRELIMINARY OBJECTION - Pa. R. Civ. P. 1028(a)(4)
Demurrer to Count VI by Jack Gaughen and NRT
38. Paragraphs 1 to 37 are incorporated herein by reference.
39. Count VI purports to state a claim for "Negligent Entrustment, Hiring, Retention,
Supervision, and Training." These are actually separate causes of action.
Negligent Entrustment
40. Negligent entrustment requires Plaintiff to articulate negligent entrustment by the
owner or custodian of the instrumentality plus its negligent use by the entrustee. See Wilcha v.
Nationwide Mut. Fire Ins. Co., 887 A.2d 1254, 1262 (Pa. Super. Ct. 2005).
171742.1 7/5/11 6
41. The claim of negligent entrustment typically applies to a situation where a person
entrusts another with an item - like a vehicle or firearm - that is used negligently by someone
and results in injury. That is simply not the case here.
42. The Complaint contains no allegations that Jack Gaughen or NRT entrusted any
instrumentality upon any entrustee.
Negligent Hiring
43. Under Pennsylvania law, a plaintiff seeking to recover on a negligent hiring
theory must show: "(1) employer defendant knew or should have known of the violent
propensity of the employee and (2) such employment creates a situation in which a third party
may be harmed." Dowling v. Blue Ridge Comms., 16 Pa. D. & C. 5th 276, 278 (Monroe CCP
2010) (citing Coath v. Jones, 419 A.3d 1249, 1250 (Pa. Super. Ct. 1980)).
44. Again, the Complaint contains no allegation that Rouen was a violent employee
or that hiring her created a situation likely to result in harm to anyone. In fact, the Complaint
contains no allegation that Jack Gaughen was negligent in hiring Rouen. The claim must fail as
to NRT because NRT was not Rouen's employer.
Negligent Retention
45. Similarly, there is no allegation in the Complaint that Jack Gaughen or NRT acted
negligently in retaining Rouen as an employee. That claim must fail as to NRT because NRT
was not Rouen's employer.
46. In order to trigger the negligent retention cause of action, there would need to be
some allegation that Rouen made some mistake or error prior to the transaction with Plaintiffs to
put Jack Gaughen on notice that it had some reason to fire her. There is no such allegation in
this case.
171742.1 7/5/11 7
Negligent Supervision
47. To state a claim for negligent supervision, a plaintiff must allege that "the
employer fail[ed] to exercise ordinary care to prevent an intentional harm to a third-party which
1) is committed on the employer's premises by an employee acting outside the scope of his
employment and 2) is reasonably foreseeable." IRPC, Inc. v. Hudson United Bancorp, No. 0474,
2002 Phila. Ct. Com. Pl. LEXIS 77 (Philadelphia County Jan. 8, 2002).
48. Count VI contains no allegation that Jack Gaughen had a duty to supervise any
particular aspect of Rouen's actions and certainly does not articulate how Jack Gaughen could
have been negligent in supervising Rouen. This claim must fail as to NRT because NRT was not
Rouen's employer.
49. Count VI alleges that misrepresentations took place at the Property, not on the
employer's premises. Similarly, there is no allegation that Rouen was acting outside the scope of
her employment.
Negligent Training
50. Like the other causes of action lumped into Count VI, Plaintiff has provided no
allegation that Jack Gaughen was negligent in the training of Rouen. This claim must fail as to
NRT because NRT was not Rouen's employer.
51. Count VI alleges that Rouen made misrepresentations about the Property.
52. Certainly, Jack Gaughen expects its agents to not make misrepresentations, and
there is no allegation that Jack Gaughen's training somehow encouraged Rouen to make the
alleged misrepresentations.
53. Count VI restates the factual allegations of the Complaint, and then jumps to the
conclusion, in paragraph 83, that Jack Gaughen and NRT are vicariously liable for the actions of
171742.1 7/5/11
Rouen. All of the allegations necessary to establish the claims purportedly set forth in Count VI
are missing.
54. Additionally, Count VI was included only if Jack Gaughen and NRT "deny
respondeat superior liability for the actions and negligence of Defendant Rouen." As explained
above, the doctrine of respondeat superior is inapplicable to make a parent company vicariously
liable for the action of the subsidiary's agents. That can only be done by piercing the corporate
veil, which claim Plaintiffs have not made.
WHEREFORE, Defendants Jack Gaughen and NRT respectfully request that the Court
sustain their preliminary objection, dismiss Count VI as to Jack Gaughen and NRT, and grant
such further relief as the Court deems just and equitable.
Respectfully submitted,
Dated: July 5, 2011 4 bz???
Matthew squire
Emily H. B singer, Esquire
Pa. Attorney ID Nos. 85688 & 205919
SAUL EWING LLP
Penn National Insurance Plaza
2 North Second Street, 7th Floor
Harrisburg, PA 17101
717-257-7508 (Mr. Haar)
717-257-7576 (Ms. Bensinger)
Attorneys for Defendants
Jack Gaughen ERA, NRT, LLC, and Janet Rouen
171742.1 7/5/11 9
VERIFICATION
I, Kelley Bjorkland, hereby verify that I have read the foregoing Preliminary Objections
and that the averments of fact therein are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the provisions of 42 Pa. C.S.A. §
4904 related to unsworn falsification to authorities.
171'42.1 6 10.11 10
CERTIFICATE OF SERVICE
I hereby certify that on July 5, 2011, I served a true and correct copy of the
foregoing Preliminary Objections by first class mail, postage prepaid, upon the following
persons:
Andrew T. Kravitz, Esquire
Owens Barcavage and McInroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
William J. Livingston
Livingston & MaGilton Realtors
2941 N. Front Street
Harrisburg, PA 17110
Livingston & MaGilton Realtors
2941 N. Front Street
Harrisburg, PA 17110
B & T Inspections Inc.
2843 North Front Street
Harrisburg, PA 17110
f'4j- Iq ?A?=
mily H. B singer
171742.1 7/5/11 11
OWENS, BARCAVAGE AND MCINROY, LLC
BY: Andrew T. Kravitz, Esquire
Attorney I.D. No. 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
'w frUi?Jlf-`?1 i
1 v ka n
t 0R •.7
Attorney for Wayne J. Wrightstone and Angela B. Wrightstone
WAYNE J. WRIGHTSTONE AND IN THE COURT OF COMMON PLEAS
ANGELA B. WRIGHTSTONE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
ANTHONY RITTER
JACK GAUGHEN ERA,
NRT, LLC, JANET ROUEN,
Defendants
NO. 11-3635 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
TELEPHONE NUMBER 717-249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mds adelante en las siguientes pdginas, debe tomar
acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que
si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder
sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclam.aci6n o remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad u
otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA
TELEPHONE NUMBER 717-249-3166
2
OWENS, BARCAVAGE AND MCINROY, LLC
BY: Andrew T. Kravitz, Esquire
Attorney I.D. No. 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
Attorney for Wayne J. Wrightstone and Angela B.
Wrightstone
WAYNE J. WRIGHTSTONE AND
ANGELA B. WRIGHTSTONE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
ANTHONY RITTER
JACK GAUGHEN REALTOR
ERA, NRT, LLC, JANET ROUEN,
Defendants
NO. 11-3635 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW, comes Plaintiff, Wayne J. Wrightstone and Angela B. Wrightstone., by and
through its attorneys, Owens, Barcavage, and McInroy, who files this Complaint against the
Defendants and avers as follows:
1. Plaintiff, Wayne J. Wrightstone and Angela B. Wrightstone, are married adult
individuals who currently reside at 141 Allendale Way, Camp Hill, PA 17011. (hereinafter
referred to as "Mr. Wrightstone", "Mrs. Wrightstone", and collectively as "Plaintiffs")
2. Defendant, Anthony W. Ritter, is an adult individual, with a last known address of
3214 Crest Road, Harrisburg, PA 17109.
3. Defendant Janet Rouen, is a Realtor, with offices located at 3915 Market Street
Camp Hill, PA 17011-4227. Upon information and belief Defendant Rouen is a broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
3
4. Defendant, Jack Gaughen Realtor ERA, is a Pennsylvania company located at
3915 Market Street Camp Hill, PA 17011-4227.
5. Defendant NRT, LLC, is a subsidiary of Realology Corporation, and has its
company offices located at 1 Campus Drive, Parsippany, NJ 07054. Upon information and
belief, NRT, LLC is the owner and operator of Jack Gaughen Realtor ERA. It is believed and
therefore averred that the settlement sheet refers incorrectly to NRT, LLC as "ERA-NRT, Inc.,"
which company does not exist according to the Records of the Pennsylvania Bureau of
Corporations.
6. Defendant NRT, LLC, owns and operates Jack Gaughen Realtor ERA. NRT,
LLC, controls Jack Gaughen Realtor ERA, by the appointment of all senior management of Jack
Gaughen Real ERA. NRT, LLC controls all hiring of all employees of Jack Gaughen Realtor
ERA.
7. Upon information and belief Defendant Rouen is a real estate broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
8. Upon information and belief, Defendant Jack Gaughen Realtor ERA is the
employer of Defendant Janet Rouen. Defendant Jack Gaughen Realtor ERA, as the employer of
Janet Rouen, is liable, under the doctrine of respondeat superior, for the misrepresentations and
negligence of Defendant Rouen.
9. NRT, LLC is the owner and operator of Jack Gaughen Realtor ERA. NRT, LLC,
as owner of Defendant Jack Gaughen Realtor ERA, is liable under the doctrine of respondeat
superior, for the misrepresentations and negligence of Defendant Jack Gaughen Realtor, and the
employees/independent contractors of Defendant Jack Gaughen Realtor, ERA.
10. Defendant Ritter purchased property known and numbered as 141 Allendale Way,
Camp Hill, Pennsylvania on August 31, 2004.
4
came to the door and spoke to Plaintiffs advising the Plaintiffs that Defendant Ritter would like
to know why there are people at the house and advising the Plaintiffs that Defendant Ritter was
nervous about the inspection. Defendant Rouen stayed for the rest of the inspection.
19. Also, at the time of this initial inspection the water supply to the Property had
been turned off by Defendant Ritter. Defendant Ritter advised the Plaintiffs that the water had
been turned off because there had been a leak.
20. On May 28, 2009, the morning of settlement, Plaintiff Mrs. Wrightstone inspected
the property with Plaintiffs' realtor. The water to the property was turned off so Plaintiff could
not check the plumbing. Plaintiffs proceeded to settlement, but the Plaintiffs placed a condition
on settlement regarding the plumbing and water since it could not be inspected prior to
settlement. At settlement, Plaintiffs called PA American Water and requested the water to the
Property be turned on.
21. On May 28, 2009, Plaintiffs and Defendant Ritter consummated the terms of the
Agreement with a real estate settlement. On May 28, 2009, Plaintiffs provided to Defendant
payment in the total amount of $255,000.00 and Defendant provided to Plaintiffs a deed to the
Property.
22. At the time of settlement, Defendant Ritter, made no additional disclosures
concerning the Property other then the Disclosure Agreement.
23. On May 29, 2009, Plaintiffs took possession of the subject property. On this date
Plaintiff's took possession and entered the Property for the purposes of preparing to move into
the same.
24. On May 29, 2009, Plaintiff Mrs. Wrightstone and her sister, Theresa Kulina
entered the property for the purpose of cleaning the Property to prepare for the Plaintiffs move to
6
the Property. Despite Plaintiffs request that the water be turned on, as of May 29, 2009, the water
to the Property was still turned off.
25. When Plaintiff Mrs. Wrightstone entered the basement of the Property on May 29,
2009, the carpet in front of the basement bathroom was wet. Plaintiff Mrs. Wrightstone called
Plaintiff Mr. Wrightstone to inform him of what was found and called the Plaintiffs' realtor for
an explanation.
26. On or about May 29, 2009, Plaintiffs were advised by their realtor that he had
received an explanation for the water found on May 29, 2009. Plaintiff's realtor advised
Plaintiffs that Defendant Rouen advised Plaintiff's realtor that the water found was the result of
Defendant Ritter's son spilling water out of the fish tank on the way to the bathroom.
27. Despite being confronted with this evidence of water in the basement on May 29,
2009, neither Defendant Rouen nor Defendant Ritter disclosed to the Plaintiffs that there were
water problems present in the basement.
28. On May 29, 2009, Plaintiffs had scheduled the Property's carpet to be cleaned.
When the carpet cleaner entered the basement, the carpet cleaner advised Plaintiff that he could
not clean the carpets in the basement because they were too wet. The Plaintiffs pulled up the
carpet and attempted to dry with an industrial fan.
29. On May 30, 2009, Plaintiffs, having received no notice of the true extent of the
water problems in the basement of the Property from Defendant Ritter or his agents, proceeded
to move into the house. While moving in, the Plaintiffs noticed that the basement of the Property
was continuing to get wetter by the minute. Plaintiffs again called their agent to advise him that
there was a major problem with the basement.
11. On or before April 13, 2009, Defendant Ritter listed the property located at 141
Allendale Way, Camp Hill, Pennsylvania (hereinafter "Property") for sale.
12. On or about January 22, 2009, Defendant Ritter executed a Seller Property
Disclosure Statement. The Disclosure Statement is initialed with the date January 22, 2009, but
the final page of the disclosure indicates an execution date of January 30, 2009. The Defendant
cannot determine the cause of the discrepancy. A copy of the Disclosure Statement is attached
hereto and made apart hereof as Exhibit "A".
13. Pursuant to the Disclosure Statement, Defendant Ritter denied the presence of
water leakage, water accumulation, or dampness in the basement.
14. Pursuant to the Disclosure Statement, Defendant Ritter occupied the property at
the time of the disclosure.
15. On April 13, 2009, Plaintiffs entered into an agreement with Defendant Ritter for
the purchase of the Property (hereinafter "Agreement"). At the time of execution of the
Agreement, the Plaintiffs received the Disclosure Statement. A true and correct copy of the
Agreement is attached hereto as Exhibit "B".
16. Pursuant to the terms of the Agreement, Plaintiffs agreed to pay to Defendant
Ritter $255,000.00 for the Property. At the time the Agreement was executed, Plaintiffs provided
to Defendant Ritter a deposit in the amount of $5,000.00.
17. On April 22, 2009, the Plaintiff's inspected the property for the first time. The
Property was inspected by B & T Inspections, Inc. At the time of this initial inspection, the
radon test could not be performed because the windows in the basement were all open. B & T
went back several days later to perform the radon test.
18. Also, at the time of this initial inspection, Defendant Ritter sent Defendant Rouen
to the inspection because Defendant Ritter was watching across the street. Defendant Ms. Rouen
30. On May 31, 2009, Plaintiffs' agent stopped by the house inspected the basement
and agreement that there was a major problem. Plaintiffs' agent called Defendant Rouen again,
but Defendant Rouen refused to return telephone calls.
31. Having received no return telephone calls from Defendant Rouen, Plaintiffs,
through Plaintiffs' realtor, also notified Defendant Jack Gaughen Realtor ERA of the water
problems in the basement of the Property, problems that were not disclosed prior to settlement.
Defendant Jack Gaughen Realtor ERA also failed to return Plaintiffs' telephone calls.
32. As of the date of this Complaint, the Defendants have failed to disclosure the
water problems in the basement of the Property.
33. As a result of the water leakage, the basement of the Property became severely
damaged, including but not limited to the bubbling of the drywall from water damage.
34. Plaintiffs sought to mitigate the damages, and called in multiple experts to
determine the source of the water infiltration, the extent of damages, and to determine how to
repair the damages.
35. The Plaintiffs were advised by their expert that the water leakage was a problem
consistent with poor grading and that the water leakage in the basement of the property was a
long existing problem, pre-dating the Plaintiffs purchase of the property. The Plaintiffs were
advised that, as a result of the long standing water leakage, there was mold present which had to
be removed and wood rot throughout the basement.
36. The Plaintiffs, in an effort to mitigate the damages have gutted the basement and
eliminated the mold.
COUNT I - INTENTIONAL NON-DISCLOSURE OF MATERIAL DEFECTS
DEFENDANT RITTER, DEFENANT ROUEN, DEFENDANT JACK GAUGHN
RELATOR ERA, NRT, LLC
37. Paragraphs one through thirty six are incorporated herein as if set forth at length.
38. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness while the Property
was owned and occupied by the Defendant Ritter.
39. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, is subject to water leakage, water accumulation, and dampness after the Plaintiffs
purchased of the Property.
40. The Plaintiffs aver that the water leakage, water accumulation, and dampness
found in the basement of the Property is a Material Defect in the Property as the water leakage
problems have a significant adverse impact on the value of the property and involves an
unreasonable risk to people in the property, including the risk of collapsing walls and harmful
mold.
41. The Plaintiffs believe and hereby aver that Defendant Rouen, Defendant Jack
Gaughn Realtor ERA, and Defendant NRT, LLC, were advised by Defendant Ritter that there
were water problems with the basement that Defendant Ritter was seeking to hide from the
Plaintiff. Plaintiff's averment is based upon the fact that Defendant Rouen, acting for on behalf
of Jack Gaughn Realtor ERA and NRT, LLC, appeared at the inspection of the property in an
effort to divert attention away from the water problems associated with the home.
42. As a result of Defendant Rouen's disclosures, Defendant Rouen, Defendant Jack
Gaughn Realtor ERA, and Defendant NRT, LLC, knew that the Property was subject to water
leakage, water accumulation, and dampness on or before January 22, 2009, and failed to disclose
this material fact to the Plaintiffs as of April 13, 2009, or anytime thereafter.
43. The Plaintiffs believe and hereby aver that Defendant Ritter, Defendant Rouen,
Defendant Jack Gaughn Realtor ERA, and NRT, LLC, knew that the Property was subject to
water leakage, water accumulation, and dampness on or before January 22, 2009, and
intentionally failed to disclose the fact that the Property was subject to water leakage, water
accumulation, and dampness to the Plaintiff.
44. Plaintiffs believe and hereby aver that Defendant Ritter, Defendant Rouen,
Defendant Jack Gaughn Realtor ERA, and NRT, LLC, knew that the Property was subject to
water leakage, water accumulation, and dampness, failed to disclose this material defect, and
took affirmative steps to hide this fact from the Plaintiff such as keeping the windows open
during inspections, having Defendant Rouen present during inspections, and providing excuses
when water was found that Defendant Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor
ERA, and NRT, LLC, knew were false.
45. The Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and NRT, LLC failed
to disclose the water leakage, water accumulation, and dampness for the purpose of inducing the
Plaintiffs to purchase the property.
46. The Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and Defendant NRT,
LLC, had a duty to disclose material defects to the Plaintiffs.
47. The Plaintiffs purchased the property based on the Seller's Disclosure Statement
and based on the fact that the Defendants Ritter, Rouen, Jack Gaughn Realtor ERA, and NRT,
LLC, never made the Plaintiffs aware of the water leakage, water accumulation, and dampness
problems to which the Property was subject, which water leakage, water accumulation, and
dampness problems was known to the Defendants and the facts of which were purposely
concealed from the Plaintiffs and Plaintiffs inspector.
48. The Plaintiffs have suffered damages as a result of the Defendants' Ritter, Rouen,
Jack Gaughn Realtor ERA, and NRT, LLC, intentional non disclosure in the form of costs of
cleanup, costs of removal, costs of disinfection, costs for reconstruction, attorney's fees, and
court costs.
10
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, in an
amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT II - NEGLIGENT FAILURE TO DISCLOSE MATERIAL DEFECTS
DEFENDANT RITTER, DEFENANT ROUEN, DEFENDANT JACK GAUGHN
RELATOR ERA, NRT, LLC
49. Paragraphs one through forty eight are incorporated herein as if set forth at length.
50. In Pennsylvania, a realtor, when they are advised of a latent defect associated with
a property, or if they independently discover a defect associated with a property, must disclose
the defect to the buyer if the seller refused to disclose.
51. In this case, Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and
Defendant NRT, LLC, were advised by Defendant Ritter that there were water problems with the
basement. Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC,
knew that Defendant Ritter had failed to disclose this defect to the Plaintiff.
52. Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT,
LLC, as a result of their knowledge of the defect and knowledge that Defendant Ritter failed to
disclose the defect to Plaintiff, had a duty pursuant to the Rules and Regulations of the
Pennsylvania
53. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness while the Property
was owned and occupied by the Defendant Ritter.
11
54. The Plaintiffs aver that the Property, and specifically, the basement of the
Property, was subject to water leakage, water accumulation, and dampness after the Plaintiffs
purchase of the Property.
55. The Plaintiffs aver that the water leakage, water accumulation, and dampness
found in the basement of the Property is a Material Defect in the Property as the water leakage
problem has a significant adverse impact on the value of the property and involves an
unreasonable risk to people in the property.
56. The Defendant Ritter, both by his statements as set forth in Sellers Disclosure,
and by statements made to Plaintiff on behalf of Defendant Ritter by Defendant Ritter's agent or
agents, including Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT,
LLC stated to Plaintiffs that the Property was not subject to water leakage, water accumulation,
and dampness.
57. The Defendant Ritter, when specifically informed by the Plaintiffs that Plaintiffs
had found water present in the basement, specifically advised the Plaintiffs, through Defendant
Ritter's agents Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT,
LLC, that the water was the result of a spilled fish tank.
58. The Defendant Ritter, when specifically informed by the Plaintiffs that Plaintiffs
had found water present in the basement immediately after settlement, specifically advised the
Plaintiffs, through Defendant Ritter's agents Defendant Rouen, Defendant Jack Gaughn Realtor
ERA, and Defendant NRT, LLC, that the water was the result of moving a fish tank.
59. The Defendant Ritter's statements as set forth in the Sellers Disclosure and
statements made after settlement by Defendant Ritter and through Defendant Ritter's agents
Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, were made
without making a reasonable investigation into the truthfulness of the same.
12
60. The Defendant Ritter owned a duty to the Plaintiffs under the Agreement.
61. The Defendant Ritter made statements to the Plaintiffs and to the Plaintiffs
through his agents, with the intention of inducing the Plaintiffs to purchase the property.
62. The Defendant Ritter, and his agents, made statements to the Plaintiffs about the
water problems in the basement without performing an investigation into the truthfulness of the
statements made.
63. The Plaintiff justifiably relied on the statements of Defendant Ritter and his
agents.
64. The statements made by the Defendant Ritter, by himself and through his agents,
were false, in that the cause of the water present in the basement was the result of a long standing
water problem in the basement and in that the cause of the water present in the basement was not
the result of a fish tank, but the result of a long standing water leakage problem in the basement.
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter, Defendant Rouen, Defendant Jack Gaughn Realtor ERA, and Defendant NRT, LLC, in an
amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT III - VIOLATION OF REAL ESTATE SELLER DISCLOSURE ACT
DEFENDANT RITTER
65. Paragraph one through sixty four are incorporated herein as if set forth at length.
66. The Defendant Ritter sold to the Plaintiffs residential real estate.
67. A seller of residential real estate must disclose to any buyer any material defects
with the property known to the seller by completing all applicable items in a property disclosure
statement.
13
68. Material defects related to property are any problem that would have a significant
adverse impact on the value of the property or that involves an unreasonable risk to people in the
property.
69. Water infiltration of a residential property is a material defect.
70. The Defendant Ritter has violated the Pennsylvania Real Estate Seller Disclosure
Law by failing to disclose to the Plaintiff the water leakage, water accumulation, and dampness
problems associated with the basement of the Property.
71. The Defendant Ritter knew about the defects, and failed to disclosure them to
Plaintiffs
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter in an amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits.
COUNT V - VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER
PROTECTION LAW
DEFENANT RITTER
72. Paragraphs one through seventy one are incorporated herein as if set forth at
length.
73. Defendant Ritter made deceptive representations and statements to the Plaintiff by
himself or through agents regarding the presence of water leakage, water accumulation, and
dampness problems associated with the basement of the Property.
74. Defendant Ritter made deceptive representations and statements to the Plaintiff by
himself or through agents regarding the presence of water leakage, water accumulation, and
14
dampness problems associated with the basement of the Property for the purpose of inducing
Plaintiffs to purchase the Property.
75. Defendant Ritter has engaged in fraudulent or deceptive conduct, with the purpose
of creating confusion as to the condition of the Property.
76. Plaintiffs have suffered damages as a result of Defendant Ritter's fraudulent and
deceptive conduct.
WHEREFORE, Plaintiffs seek damages in favor of Plaintiffs and against Defendant
Ritter in an amount equal to the costs of cleanup, costs of removal, costs of disinfection, costs for
reconstruction, attorney's fees, and court costs, which amount is in excess of the Arbitration
Limits and damages equal to three times actual damages
COUNT VI - NEGLIGENT ENTRUSTMENT, HIRING, RETENTION,
SUPERVISION AND TRAINING
DEFENDANT JACK GAUGHN REALTOR ERA AND DEFENDANT NRT, LLC
77. Paragraphs one through seventy seven are incorporated herein as if set forth at
length.
78. The following allegations against Defendant Jack Gaughn Realtor ERA and
Defendant NRT, LLC are brought in the alternative should Defendant Jack Gaughn Realtor ERA
and Defendant NRT, LLC deny respondeat superior liability for the actions and negligence of
Defendant Rouen.
79. Upon information and belief Defendant Rouen is a real estate broker for
Defendant Jack Gaughen Realtor, ERA and the real estate agent of Defendant Ritter.
80. Upon information and belief, Defendant Jack Gaughen Realtor, ERA is owned by
Defendant NRT, LLC.
15
81. Upon information and belief Defendant Rouen is an employee of Defendant Jack
Gaughen Realtor, ERA, and Defendant NRT, LLC.
82. Upon information and belief Defendant Jack Gaughen Realtor, ERA, and
Defendant NRT, LLC were the employer of Defendant Rouen as Defendant Rouen was subject
to the control of Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC and/or
Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC had the right to control
Defendant Rouen with respect to Defendant Rouen's physical conduct in the performance of the
services for which Defendant Rouen he was engaged.
83. Defendant Jack Gaughen Realtor, ERA, and Defendant NRT, LLC control of
Defendant Rouen is evidenced, in part, by the fact that the commission paid at settlement was
paid to "ERA-NRT, Inc."
84. It is believed and therefore averred that Defendant Rouen knew or had reason to
know that the Property was subject to water leakage, water accumulation, and dampness.
85. It is believed and therefore averred that Defendant Rouen made material
misrepresentations and omissions to Plaintiffs regarding the Property and the presents of water
leakage, water accumulation, and dampness.
86. Alternatively, Defendant Rouen made statements to the Plaintiffs regarding the
Property and the presents of water leakage, water accumulation, and dampness with negligent
disregard for the truthfulness of those statements.
87. Defendant Rouen sought to conceal the true condition of the property by, among
other actions, being present at the inspection of the Property.
88. Defendant Jack Gaughen Realtor and Defendant NRT, LLC, as the direct
employer of Defendant Rouen, are vicariously liable for the misrepresentations, omissions, and
negligence of Defendant Rouen.
16
89. Defendant Rouen made misrepresentations, omitted information, and acted
negligently while employed by Defendant Jack Gaughen Realtor ERA and Defendant NRT,
LLC, and while acting with Defendant Rouen course of employment with Defendant Jack
Gaughen Realtor and Defendant NRT, LLC.
90. Defendant Rouen's misrepresentations, omissions and negligence have caused
Plaintiffs damages, including but not limited to the costs of mitigating further damage to the
Property, the costs of removal of mold and mold testing, the costs of removing damaged portions
of the Property, and the replacement of costs for those portions of the Property removed and
damaged.
WHEREFORE, Plaintiff respectfully requests that this Court find that Defendant Jack
Gaughen Realtor ERA and Defendant NRT, LLC, for the misrepresentations, omissions, and
negligence of Defendant Rouen, and find that Defendant Jack Gaughen Realtor ERA and
Defendant NRT, LLC, are responsible to Plaintiff for all damages caused and/or related to the
misrepresentations, omissions, and negligence of Defendant Rouen.
COUNT VII - PIERCE THE CORPORATE VEIL
91. Paragraphs one through ninety one are incorporated herein as if set forth at length.
92. NRT, LLC is the owner of Jack Gaughen Realtor ERA. NRT, LLC, conducts all
hiring for Jack Gaughen Realtor ERA, including employees and management. NRT, LLC,
controls and business actions by Jack Gaughen Realtor ERA. NRT, LLC, receives all payments
for all business transactions conducted under the name Jack Gaughen Realtor ERA, and received
the payment for the sale of the Property that is the subject of this Complaint.
93. NRT, LLC, generally dominates and control s Jack Gaughen Realtor ERA such
that NRT, LLC should be held liabile for the actions of Jack Gaughen Realtor ERA.
17
WHEREFORE, Plaintiff respectfully requests that the corporate veil of Jack Gaughen
Realtor ERA be pierced and that NRT, LLC be held responsible for the actions of Jack
Gaughen Realtor ERA.
OWENS BAF,§AVAGE AND MCINROY, LLC.
DATE: -V5 BY:
mew T. Kravitz, Esquire
ID# 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
18
?.•tc ,'CCn•+?i nUMic?' l,.n? ;4?vlrvw (Vr. ?-Vl h.Vt (rbU:yvll 41 u::a be.
----------?..- .-' -- W, •f?e r•q'"i.?.cer.ri meat :earn, ..? rani •.. .... ,. . -
1% S I.ER I3USI1Vly C RELATION 5 IP' WITH PA LICENSLO BROKER -? - -
BROKER (Company).-` _ 1'1FiONF,
ADDRESS __ -------. _ FAX,_ -- -- _-_---?_
LICENSEE(S) Agent? ? Yes ? No
BROKER IS THE CENT FOR SELLER. OR (if checked below): -
Broker is NOT the Agent for Seller and is a/¦n: ? AGENT FOR BUXFR ? TRANSACTION LICENSER
BUYER&RUSINESS RELA
BROKER (Company)_
ADDRESS
LICENSEE(S) ?Q -
PROXER IS THE AGENT F49R BUYER ADR (d checked below):
Banker Is NOT the Agent for Buyer and is a/an: O AGENT FOR SELLER
Agent? ? Yes ? No
? SUBAGENT FOR SEt.I.ER ? TRANSACTION LICXNSFF.
When the same Broker is Arent far Seller mad A-# r.. a....._ n.,_s.__ r. _
-- •-G- .•...- „rvwcr s nceusm are a1M Uual Agents UNLESS there are
separate Designated Agents for Buyer mad Seller. U the some Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent.
a
a
5
a
7
e
to
A
I. %yig SOre Mitt, dated
SELLER(S):
d
, Is between
BUYER(S):
, called Seller, and
2. PROPERTY 0 Seller h called Buyer.
(9-s) treby agrees to sell and convoy to Buyer, who hereby threes to purchase: ,
ALL THAT CERTAIN lot at piece of gvaggd with butidla?s and Imp%onvereoealp tbffreon erected, if nay, lrnawn as:
rt 1, the / 4 '
12 County of In the Com oawealth of peaasylvaala. dentlfkation (e.g., IYa TD, A; Parcel M;
to Lot, Block; Deed Book, Page, Recording Date)- 1
S (9-05) t
I
(A) Purchase Price
A t
P
5 top U S. Dollars,
wbicb will be paid to Seller by Boyer as follows. t
r
1. Cash or check at signing this Agreement: S S^ 000* tr
2. Cash or check witbioo days of the execution of this T?
.A,grcerneot: $ 1e
m 3. _ $ to
s 4. Cash or cashier s check at time of setdematt: S ' -- ? 7 t 20
TOTAL S
23 B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier s check. Deposits, ? e" of the form of payment 23
24 and the person designated as payee, will be paid in U.S. Dollars on Broker for Seller (unless otherwise stated here),
25 24
w
who
ig retain
26 deposits in an cacrow acw mt until consummation or tomi uation of this Agreement in conformity with all applicable laws and ngtrlations
An 26
z
.
y
71 check Met as deposit monies may be held uncsslt? g the acceptance of Ode Agreement.
22t a
27
Za (C)
approval to be on or before: (d
(D) Settlement to be on $ H
or before if Buyer and Seller agree.
all (E) Seu]cmeut will occur is the only where the Property is located or in an adjacent county, during normal business hours
unless Bu
er a
d 29
,
y
n
at Seller agree otherwise, 3o
32 (F) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated herb: 32
33 _
- 32
34 (G) Payment of transfer taxes will W divided equally betweet? Buyer and Seller unless ntherwisc stated here: _ ss
34
36 (H) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: cur- 35
3s
37 rem taxes (ace Information Regarding Real Estate Taxee); rents; interest on mortgage assumptions; condominium fees and homFo"cr asso• 37
as ciation fees; water and/or sewer fees, together with any other lienable municipal service. All charges will be pro-rated for the period(s) cov- se
as erect Seiler will pay up to and including the date of settlement mid Buyer will pay for all days following settlement
unless od=wise stat
d
,
e
4o here: of 39
A N buyer Irrltials: _ A/S-R Page I of 10 ......,-- - - -? Seller Initials. _ 4o
Revised 9/05 COPMG11T >?M%7,vAMtAA%40CIA't'IUN OFitf,AITOags 2005 t
Pennsylvania Association of REALTORS' 9ros
ED BROKER
ONE
X
2
3
4
6
t
7
1
r
a
t
2
a
4
s
s
. »., ... _'J'Ing nwof 11wwr1d11wl?Ay IWIMu:u .r, roc, rrVIM&Ky, pct --
c 1n;r?rnrc lnunnin,t; n::;; ,.}ru.r?, r, ?,^? cures (including chandclim aoxt ceiling foes); water treatment systems; i and a cduiP
,mint;
1>? sP g4rage door openers and transmitters (Cie-
vision antmoso; urlpotted ebrubbeiy, plantings and trees; any remaining heating and cooking fuels .ftd oil the Property W: the time of set-
tlexnenk sump pumps; storage sheds; mailboxes; wail to wall carpeting; existing window screens, slurm windows and screen/storm doors;
47 window covering hard , sbades and blinds; ownin ; built-in. air CAnditi era; built-in appliances; Rod the ease/oven unless otherwise,
49 p stated. Also included; _
49 /? ?Vf`}Jt1Tr.? 1?l?yEQ RfL t ?w
6o (li) LEASED items (not owned by Seller): --
55 _
52 (C) EXCLUDED fixtures and item,: --
53
54 5. OATE$/TIME IS OF THE ESSENCE (9-413) -
55 (A) The settlement date and all otherdatea and times; referred to for the performance of any of she obligations of thi6 Agreement are of the essence
56 and are binding.
97 (13) For purposes of this Agreement, the number of days will be counted li m the date of execution, excluding the day this Agreement was axe.
So cuted and including the last day of the time period. The Execution Date of this Agreement is the date when Buyer and Seller have indicated
99 full acceptance of this Agreement by signing and/or initialing it. All changes to this Agreement should be initialed and dated.
69 (C;) The settlement date is not extended by any other provision of this Agreement and may only he extended by mutual written agrew t of the attics
01 (T)) Certain time e -As
Ids
92
03
60
65
66
67
68
69
7n
71
n
73
74
75
78
n
78
79
9o
9/
82
03
04
as
86
A7
88
no
90
91
92
93
94
95
96
97
99
99
1D0
191
122
Ins
IN
,nr
107
V nr are pre-panted to this Agreement as a convenience to the Buyer and Seller. Ali pre-printed time P
and may be changed by striking out The pre-printed text and inserting a different tiMe periods are negotiable
6. MORTGAGE CONTINGENCY "S) period acceptable to all pertic9.
? WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may still obtain mortgage financing.
3d EL EC 1 D.
(A) This sale is contingent upon Buyer obtaining mortgage financing as follows:
First Mortgage on the Property Second Mortgage on the Prop"
Loan Amount 5 3-0 p clOU '111. of pp ` Loan Amount $
Minimum Teri _ D _ years Minimum Term
Type of mortgage C O N Yew
"type of mortgage e
Mortgage lender Mortgage lender _
Interest rate _j;,,,,? ?•/.; however, Buyer nW.. Latent the Interest rate howev, Buyer
interest rate as may be committed by the mortgage lender, not to interest rate as may be commrdtted bberthe mo agrees a accept the
exceed a maximum interest rate of e/a Y rtgage leader, not 10
exceed a maximum interest rate of %.
Discount points, loan orj&ation, loan placement and other fees charged Discount points, loon origination, loan placement and other foes cba?god
by the lender ay a pert:eninge of the mortgage loan (excluding any mort- by the lender as a percentage of the moripp low gage insurance premiums or VA, funding fee) not to exceed (egg ?
gage insurance premiums or VA funding g fee) not to exceed
ceed
% (0% if not specified) of the mortgage loan, "r% (00/a if not specified) of the
mortgage loan.
The interest rate(s) and fee(s) provisions in paragraph 6 (A) are satisfied if the mortgage leader(s) gives Buyer the tight to guarantee the interest rue(s)
and fee(s) at or below the maximum levels staled. Buyer gtvcs Seller the right, at Seller's sole option and as permiacd by law and the mortgage
lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or the mongage lender(&) to make the above mortgage terms
available to Buyer.
(B) within days (10 if not sitecified) from the Execution Datc of this Agreement, Buyer will rake a completed, written mortgage appli-
cation fbr the mortgage terms stated above to the mortgage lender(s) identified in paragraph 6 (A), if any, otherwise to a responsible mortgage
lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, 19 authorized to communicate with the mortgage
lender(s) to assist in the mortgage loan process,
(C) Should Boyer furnish false or incomplete inhrsmation to Seller, Broker(s), or the mortgage lender(s) concerallog payer', legal or
financial status, or fail to cooperate in good fiahh-in prumaing the mortgage loan application, wbich results In the mortgage lendtr(s)
refusing to approve a mortgage loss commhmeat, Buyer will be In default of this Agreement.
(D) 1. Mortgage commitmrmeaI date: if Seller does not receive a
date, (pryer and tiller agree to a xteo a mortgage c mamitment date until Seller copy of Buyers mortgage cottuuitntart(s) by this
terminates tlds Agreement by written notice to Buyer.
2- Upon receiving a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller.
3. Seller may terminate this Agreement in writing after the mortgage commitment date, if the mortgage commitment(s);
a. is not valid until the date of settlement, OR
b. i9 conditioned upon the ale and settlement of any other property, Olt
G. Does not satisfy all the mortgage terms as stated in paragraph 6 (A), OR
d. Contains any other condition not specified in this Agreement that is not ssl isfied and/or removed in writing by the mortgage lender(s)
witbin 7 DAYS after the mortgage eomaiittnant date In paragraph 6 (D) (1), other than those conditions that are customari-
ly satisfied at or near 9etilcmem such as obtaining insurance and confirming employment status.
4. U this Agreement is u7mir riled pursuant to paragraphs 6 (D) (1) or (3), or the moMpsc Ioan(s) is not obtained for settlement, all deposit monies
will be rvtumcll to })uycr according 19 the tears ofparagraph 30 and this Agreement will be VOID. Buyer will be responsible for any wets iAcurred
by Buyer For any inspections or certifications obtained according to the terms of this Agreement, and any costs incurred by Buyer for. (1) Title
saanh, title insurance and/or ntx:chanics' lien insurstice, or any fee fix cwxclla*n; (2) Flood insuracnce and/or fire insurance with extended cov-
erabe, mite subsidence insurxnca, or arty fee for caneeilatinn; (3) Appraisal fees and charger. paid in advance to mortgage lend Buyer Initials. A/,%-)t Page 2 of 10 S -.??•
slier Initials. =•Y
Revised 9105
44
4i
dg
49
so
S1
52
53
54
55
56
57
s9
59
no
61
62
63
61
65
66
91
89
s9
79
It
72
n
70
75
79
n
78
79
so
Al
82
83
ea
9s
as
97
as
89
90
91
92
93
94
85
96
97
98
99
too
101
192
403
194
105
1IX1
117r
'i
i-2
11j
'14
tis
tit
ell
118
lt8
120
121
122
123
124
143
114
145
146
147
He
149
150
151
152
153
154
lss
ISO
157
ISO
169
160
161
162
163
164
166
166
t67
166
lot
170
o t? c a QgUjTv-r1Cnt:;, Selll7 will rNtltfy )•4ulycr whelber .Seller mill m 4c the regltlred rclsairs ai Sellor's eNpense. - _ • .
1 K .Seller makes the required repairs to the satisfaction 01'the mllPtgage lender(s) or insurer, Btty , accepts the Priltierty and agrees to Ole
RELEASE in paragraph 27 of this Agreement.
Z 11 Seller will not make the required repair.% or U Seger fails to mpond within the time given, Auyor will, within 5 DAY$, notify
Scher rat' Duyer'F choice to:
A. Make the required repairs, at Buyer's cxpenee, with permission and access to the Property given by Seller; permission and access may
not be unreaaonttbly w4bcId by Seller, OR
b. Tcrminate this Agreement by written nodoe to SCUer, with all defloxil monies returned to Buyer according to the tonne of pantVvph
30 of this Agretanerlt.
(F) Seller Assist
NOT APPLICABLE
APPLICABLE. Seller will pay.
? 3_ or _ 9'e of Purchase Price, mfudmum, toward RUYCr 3 costs as acceptable to the mortgage lender(s).
tto
!1E
t.4
tls
11t
l17
1 t8
119
120
121
122
123
FRA/VA, IF APPLICABLE
(G) It is expressly agreed that notwidtsmnding any otrar prwixioms of* this contract, Buyer will not be obligated to complete the purchase of
the Property tlescribod beaten or so irmur any pcarahy by forfeiture of earnest money deposits or otherwise unless buyer flat been given, io
accordance with MAMA or VA mquirclacab, a written xWehnew by the Federal Housing Conunissioner, Veterans Administration, or a
Diuect Endorsarocut Larder scttirt6 forth the apprised value of the Property of not leas Chum S (the dollar amount
to be inserted i8 the sales price as stated in tlis Agreeuteld). Buyer will have the privilege and option of pnxlmding with consuntmatial of
due contract widrwt regard to the hmootax of the appraised valuation. 7be appraised valuatiou is arrived at to determine the waxmfum mort-
gage the Department of Housing and Urban DeMopmerrt will insure. HUD dues not warrant the value nor the condition of the Property.
Auger should satisfy himself/herselfthat the price and condition of the Propcity arc acceptable.
Warring: Section 1010 of Tide 19, U.S.C., Depufteot of Housing and Urban Development and Federal Housing Administration
Transactions, provides, "Wbomw for the purpoa of influencing in any way the action of such Department, makes, passes. utters or
publishes auy ntatem eot, following the sores to be false ... shall be lined under this title or imprisoned not more than two yells, or both ••
(H) U.S. Department of Reusing gad Urban Development (HUD) N037C16 TO PURCHASERS: Buyer's Acknowledgemeat
? Buyer has received the HUD Notice "PorYour Prott:ction: Cct a Home Inspection." Buyer understands the in,prntance of getting
an independent bonze inspection and bas thou about this before signing this Al7renlent. Buyer lmderrlends That FHA will not
p inspection nor guarantee ale price or orrldition of the, PnDpcrty.
(1) Cer afication We the todersigood, SdM(s) ¦ all bayra(n) party to this transaction each certify that the terms of this contract for purchase
are tale to the best of our knowledge and belief, and that soy vihcr agreement entered into by any of theme parties in connection with this
transaction is attached to this Agreement,
7. WAIVER OF CONTUNIGINCl'lE6
g.
9.
IN
125
alt
t27
120
131
152
195
191
US
130
197
130
139
140
141
142
V"'Im)
U this Agreement is corrtiageaat a Buyers, ykkt Im 6epect and/or repair the Property, or to verify Insurability, enviuroahoeatai aorrditior a,
baandari", certifleattnna, wining cissoneadon 4hr one, W any tuber information regarding the Property, Buyer's failowe to eaerelse any or
Buyer's options witlln the *sea set forth in this Agreement Is ¦ WA/VFR of that contingency and Royer secepta the Property and agrees to
#be RBI.EASF in paragrgb 27 of t6la Agreemeat.
!'B WXKTY IN MPAMM ANA&AB>ill,M 0-ft)
? WAIVED. This Agreement is NOT eomtiogeat upon Bayer obtaining property and casualty insurance for the Property, although Buyer may
still obtmz property and casualty tma milooe.
BLECTED_ Contiutgcoly Period: DAYS (15 if not specified) from the Execution Date of this Agreement.
Within ebe Contingraey Period, Buyer win make application for property and casualty instrrance for the Property to a rzgxu1atblc intnnu. Broker
fbr Buyer, Of any, otherwise broker lbr Seller, may comim nkate with the insurer On assist in the iumr.nce prntea. if Buyer cannot obtain
properly and casualty insurance for the Pmputy oar arms nod amWitinns reasonably acceptable to Buyer, Buyer will, .within the Cootbngeo cy
rerlod:
(A) Accept the Property and agree to the RELIME too paragraph 27 of this Agreement, OR
(A) Terminate this Agreement by written notice to Seller, with all deposit rmnien returned to Buyer according to the terms of paragraph 30 of this
Agreement, OR.
(C) Enter into a mutually acceptable writkw ¦gre atrent with Sella.
If Buyer and Seler do not mach a wrilt m avatmeat daring the Contingency Period, and buyer does not teminate this Agreement by
writhe notice to Sella witftlita drat t;=% Banyw vAN accept the Property and agree to the RELEASE in paragraph 27 of this Agreement
INSPECriONS (9-015)
(A) Seller will provide accen to insurtrx' ngaimnatives and, w may be required by this Agreement, to surveyors, municipal officials, and io3pm-
tors. If Buyer is obtaining mortgage financing, Sd w will provide access to the Property to appraisers and otbcm reasonably required gage lender(s). Buyer may attend any inspeetiow. start'
(B) Buyer may snake a pre-%*Icwent walk-through inspection of the Property, Buyer's right to this inspection is not waived by any other Itrovision
of this Agreement.
(C) Seller will have heating and all utilities (including fid(e)) on four all inspections.
(D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection report to Broker for Buyer.
(E) Seller has the right, upm request, to receive witbout efnsrge a copy of any inspectiov report from the P" firs wbom it was prepared.
171 Buyer IaNbb:4 r! - A/S-R Pagr. 3 of. 10
Revised 9105 Snllcr Initials:A '
? .
147
111
145
140
147
1r'
149
150
ltil
t52
153
154
166
156
1sT
151
159
100
161
162
163
164
165
166
167
166
161
170
I P.
- - - s_a v a rvu? s i_srvtGM?al, ! L'!' 1'AGL b5
7N(, °nsmmc"'on comtinkendea elected by Buyer tnparapprapha 11-I5 are controlled by the Updons 9.!., tbrth bcl„H, a't,c ?unc pru,sr.s Elates ,u
I :k ese Jptirm! will &M)ly to all inep"- 'un contingethaiee in paeagnaphr; 1 I-I5 unless otherwisc stated in rhi, Agree?ucr,t.
Optiun 1. Within the Contingency Period, as Rated to paragraphs 11-15, Buyer WW:
Ac Dept the Property with the information stated in the report(s) and agree to the RELEAS 13 it, pP6rograph 27 of this Agmertenr. OR 175
f f Buyer its Dot satisfied with the information erased in the rWorl(,t), terminate thls Agreersant by written notice it, Seller, with all deposit err
mo roes returned to Buyer according to the terms of paragraph 30 ofthis Agreement, OR
3. Enter Into a mutually acceptable writtra agreement with SeUer providing for any mpais(v or improvements tv the Property and/or soy i170
ts
,Lye, fit to Buyer at settlement, as acceptable to the mortgage lender(s), if any.
If Buyer and Seller do not reach a wdWs to ten
greeseat daring the apeci0ed Cvr,t(ngenrl Period, and Buyer don not termJuere this ,-,
AVreearrent by written notice to Seller within dear time, Buyer will accept the Property and agree to the RELEASE in paragraph tsy
274 this Agreement
Cq,tion 1, Wit W the Contingency h r04
Period, as stated In pas*graphM 11-15, Buyer will: ?sq
1 Ait ept the Property with the infiktnatidn stated in the report(s) and agree to the RELEASE in paragraph 27 of this Agmemcm, OR :05
2 )f Buyer is not satisfied with the information sh" in the report(s), present the report(s) to Seller with a WrIttea Corrective Proposal tae
("Proposal") listing corrections and/or credits dedred by Buyer. The Proposal may, but is not required to, include the name of a prop- tee
criy licensed or qualified professional to pufonor the corrections requested in the Proposal, provisions for payment, including retests, and ter
a projected dote for completion of tb.c cormedi res. Buyer agrees that Seller will not be held liable for corrections that do not comply with tee
mortgage lender or govcrrmcntal requirements if performed in a workmanlike manner according to the tortes of Buyer's Proposal, or by too
it contractor selected by Buyer.
a Within days (7 if. nut npocifi 1192
cid) of rseeivmrg Huycr K Proposal, Seller will iuoform Buyer in writing of Seller's choice to: 1192
(1) Satisfy the terms of Buyer's Proposel, OR
(2) Credit Buyer at settlement fur the costa to satisfy die termq ofBuyer's r?3
(3) Not satisfy the trnna of Proposal, as acceptable to the nnortgage larder(s), if any, OR r.,
Buyer's Proposal and not credit Buyer at settlemrnt for the costs to satisfy the tams of Buyer's Proposal, 195
h. If Seller agrees to satisfy the temts of Buyer' Proposal or to credit Buyer at settlement as specified above, -Buyer accept% the Property its
and agrcce to the RELEASE in paragraph 27 of this Agreement.
c, if Seller chooses not to satisfy the ternto of Buyer's Proposal and not to credit Buyer at settlement as specified above, or if Seller falls t197
ot
to choose any option within the -lase gum, Buyer will, within days (5 if not
(1) Accept die Property with the irtfirrruation slated in the eP?Sed). t w
(2) 1crminate this "s) mid " to the RELEASE in paragraph 27 of this A,®venxeot, OR roe
Agreement by writlcrt notice to Seller, with all deposit monies returned to Buyer according to the terms of pars- rat
graph 30 of this Agreement, OR
(3) Enter into it mutually acceptable written agreement with Seller for 202
any credit to Buyer at settlement, as providing roPa' or improvements to the Property and/or tae
any aouymable to the mortgage leader(s), if any zoa
U Buyer and Seller do not reach a wdito sgreement daring the time specified is Caption 1, 2. c., and Beyer does not ter- 2p5
Weak this Agreement by written notice to Seller within that time, Beyer will accept the Property and agree to the 2w
RELEASE In paragraph 27 of this•Agreesent,
It. FONA lttRTV INSMCi'lprt CONTING311fM (9-09) (Sw• property and Enviromnental Ins 207
Buyer satdcrytandst that pectiou Notices) 2os
property inspections, ccrtificatiom and/or investigations can be performed by professional contractors, home inspectors. 2041
engineers, architects and other properly licensed or otherwise qualified professionals, and nosy include, but are not limited to: structural compo- 210
nerits; roof; uuerior windows and cxtcHtw doors; exterior siding, fascia, ({utters and downspouts- swimming pools, hot tubs and spas; appliances; jot
electrical, plumbing, healing and cooling systems; water penetration; environmental hazards (e.g., mold, fungi, indoor air quality, asbestos, under- 212
gmtund storage tanks, cte.); dcctn,magnetic fields; wetlands inspection; flood plain verification; property boundary/square footage verification; zta
and any other items Buycr may select. Buyer is advised to investigate easements, deed and use restrictions (including any historic preservation 214
reotrictions or ordimncm) that apply to the Property and to review local zoning ordinsuccs. Other provisions of this Agreement m
inspections, certifications and/or investigations that are not waived or shered by Buyer's election here. ay Provide for 219
? WAIVED. Buyer has the option to conduct property certifications and/or investigations. Buyer WAIVES THIS OPTION and z inspections, 217
agrees to the RE).,FASE in paragraph 27 of this Agmement
ELUMM. Contingency Period: Jays (15 if not specified) fern the Execution Date of this Agreement 2to
(A) Within the Contingency Period, Buyer, at Buyers expense, may have inspections, certificatiuns and/or itsvestigations completed 6 21
y proper- 229
ly licensed or otherwise qualified professionals. If Buyer elects to have a home inspection of the Property, as delked in the Pennsylvan
ia Home 221
lospe:tion Law (sec Information Regarding the Home Inspection Law), the home inspection must be performed by a fall member in good stand- 222
ing of a rational home inspection association or a parson supervised by a fup member of a national home inspection association, in occordeatcc 2n ,
with ire ethical standards and code of conduct or practice of that association, or by a properly licensed or registered professional engineer. ore am
properly ticcnned ur registered architect. This contingency does not apply to the following existing conditions and/or items: 24.
- 228
If B 22?
toyer it not strlittified with the condition of the Property as stated no, the written inspection report(s), Buyer wiU proceed under ou of the fol- 22B
lowing Optioix as listed in paragraph 10 witldn the Contingency Period:
()piiorr 1 229
? Option 2 Far the purposes of Paragraph 11 only, $u 2'
yer agrees to accept the Property with the results of any report(s) and agrees to tat
the RELEASE. in paragraph 27 of this Agroernant if the total cost to correct the conditions stated is the report(s) is less than ?ore
S._ _ (S0 if not specified) (the "Deductible Amount"). Otherwise, all provisions of
paragraph 10, option 2, shall 239
apply, except that Seller will be deemed to have smisfiicd the tannins ofBuyer's Proposal if Seller agrees to perform correctjons 2a.1
or offer credits ouch that the cumulative coat of tray uncorrected or imcrcdited condition(s) is equal to the Deductible Amount. gas
2sE Rayer tnitiials:?- - A/5-pp( Page A of it
Seller initiaisr _ <,W
Revised 91QS
•"// 1; cµ". F ^.-y^ L+c vhr nl ;CM to havc the Nm crt ins et•rctl ran wvii in` •-- . . -r - ` - r-r?V_ 2t
p Y p estJ+'uo? try :nr ni.peclvr cc ri,ticks ns ul)0-0r:,tty ^u ;
; pc, : pa-n .ir
'
.
tide applicai.mil- RL
l t;R WAI147C TMS 01'TION slid egrevs to the KFJ.I A,S[ n panagr-aph 77 otihis Agreement,
ELEUTD :1s,
. Contingency Pentad: __ day; (15 if not specified) frvin thc. Execution Datc 0f tliiti Agreement. 240
(A) Withic the Conti:ayency Period, !Buyer, at Buver's experim, nosy obtain it written "World-Destroying Insect infestation fnxpectiun Re
ort " al
?.,. p
frorr tin insFn:ttor ecrtifred as a wood-destroying pests pesticide applicatrir and will deliver it tend all supporting doci mentF and drtlwings pro- 242
vided ty the rA6pector to Seller. The report is to be made satisfactory to and in c omplimree with applicable laws, mrn-tguge lender requirements
243
?• ^ ,
and/or F-,Jcytrt insim ug and Guaranteeing Agency requirements, if auy..Thc inspection is to be limited to all readily visible and acce45ible areas z44
7 of all sintctures on the Property except fences and the following structures, which will not be inspcetcd: 245
tat: _
- -- --
24: -
(B) If the inspection reveals active infestation(s), Buyer, at Buyer'A expense, may within the Contingency Period, obtain a Proposal frOtn a wood 246
- 247
24s destrWirg pests pesticide epplieaWr to treat the Property.
ors 244
(C) if the inspection trveals damage from active rrf previous infestation(s), Buyer, at Buyer's expense, may witbin the Contingency Period, obtain 248
z. a writ cn report from a professional contractor, bome inspector or structural engineer that is limited to structural damage to die Property caused 260
251 by wood-destroying organiuns and a Proposal to repair and/or treat the . mpcriy.
252
(D) It- Buyer is not eatislied with the condition of the Property as stated n, the written inspection report(s), Buyer will proceed under one of the fol- 261
252
2br lowing Options as listed in parabr ipjr 10 withto the Corrdngency period: 2
2,4
Option 1
19 53
255 Option 2 254
268
13. STATUS OF RADON (9-0? (gee Information Regarding Radon) 265
217
(A) Seller has no knowledge concealing the presenoc or absence of rodurr unless, checked below: Us
258
? 1. Sella has knowledge diet the Property was "led on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 247
254
259 results of all teats indicated below:
260
DATE TYPE OF TEST RESULTS (piceCuric0litar or working levels) 239
251
_ 21a
262 261
263 ? 2. Seller has Imawled c that the
g Property ttnderwetit radon reduction measures on the lobe(s) and by the method(s) indicated below:
I43
M
2e4 DATE RADON REDUCITON bWMOD
gas
_ 744
tea 7e6
tai
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT tae
267
268 EITHER THE METHODS OR RESULTS OF THE TESTS.
260
(B) RADON INSPECTION CONTINGENCY 24a
no ? WAIVED. Buyer has the opdm to have the
Property inspected for radcm by a certified inspector, BUYER WAIVES THIS OPTION-and 20
no
271
7 agrees to the RELEASE in paragraph 27 of this Agt mncnL 271
2
2 ELECTED. Contingency Period: der (15 if not specified) from the Execution Date of this Agreement. 177
273 Within the Cowtie6ency Period, Buyer, sit Buyer's expense, may obtain a radon tent of the Property from a certified inspector
If Sella 273
274 .
performs any radon remediarioo, Seller will provide )Buyer a certification that the remediation was peiformcid by a properly licensed and 274
275 Certified radon obligation company.
rte
1. If the written test report reveals the presence of radon below 0.02 working levels or 4 picoC;urice/litcar (4 pCi/L), Buyer accepts the 274
278
277 Property and agrees to the RELEASE it paratraph 27 of this Agreenim 277
278 2. If die written teat report revels the ptesarce of radon at or exceeding 0.02 working levels of 4 pieoCuries/liter (4 pCi/L)
Buyer will 278
270 ,
proceed under one of the foUowiing Options as listed in paragraph 10 within the Contisgency Period: M
230 Option I
ze ? me
282 i ATUS OF WATER (9-05) 241
2e3
(A)
Icr repr*acnis that the Property is served by: 282
za4 ?
Public Water
235 On-ante Witter Al
aye
? Commitmty Wets 715
ter ?
None 2911
280 ? _ 287
289 (B)
JATER SERVICE INSPEC770N COiYTINGRVCV m
29a _
it'"t WAJ.VED. Buyer has the option to bave ao inspection of the quality and or quantity of the water system for the property. 91;YER WAIVES M
29t THI$ OPTION and agrees to the 1RELRABE in paragraph 27 of this Agroataca
292
? ELECTED. Coolingatcy Period: - days (15 if not specified) from the Execution Date of this Agreement. 291
202
283 1. WNhin the Cootingeacy Period, Buyer, at Buyer's expense, ray obtain am inr,'pection of the quality arrd/ur quantity of the water aye- 293
204 tem from a properly licensed or otherwise qualified water/well testing company.
Zits
2. If required by the inspection company, Seller, at Seller's nrtpcnse, will locate and provide accces to the on-site (or individual) water M
241
206 system. Seller also agrees tow restore pre Property, at Seller's eatpaw, prior to settlement
207 .
3. tf Auyer is not satisfied with the condition of the water system as stated in the written inspection report(s), Buyer will pcvcced under 206
297
298 one of die following Options as listed in paragraph 10 within the Contingency Period:
299 ? Option 1 738
300 ? Option 2 no
ape
t
3br Buyer Inltialc: 0??j ?
, '
- AM-It Page 5 of 10 Sellers loihsls ?. --
361
Rosead 9/05
...
10.1 -_. '...A V I"Iu._. I 1-I1 111,
(A) Scllcr roprest-Ats drat the Property is served by:
?=9 Public Sewc) 704
3U5 individual On-lot Sewage Disposal System (see Sewagr, Notice 1) yp?
icy D ludividual On-lot Sewage Disposal SyOcrre it) Pmximity to Well (gee Sewage Notice l ; see Sewage Notice 4, if applicable) ?08
3D7 ? Conununity Sewage Disposal System 307
bD5 ? ren-Acre Permit Exemption (see Sewage Notice 2) 3,ta
309 O Holding Tank (see Sewage Notice 3)
SID ? None (see Sewage Notice 1) ate
all ? NoneAvaiiab"crrrit Limitations in Effect (see Sewage Notice 5) 311
312
513
(B) INDIVIDUAL ON-LOT SEWAGE 1NSPOSAL INSPECTION CONTINGENCY 312
31't
WAIVED. Buyer has the option to have on inspection of the individual on-lot sewage disposal system for the Property. BUYER 313
314
31s WAiVP,S THIS OPTION and agrees to the RELEASE in paragraph 27 of this Agreement. 315
316 O ELECTED. Contingency Period: day; (15 if not specified) from the Execution Date of this Agreement. 316
317 1 Within the Contingency Period, Buyer, at Buyer's expense, may obtain an inspection of the individual on-lot sewage disposal ays- 311
310 rem from a qualified, prvfcssionall innspecbor.
719
2. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to send empty the individual on. 519
319
320 lot sewage disposal system. Sella will also res47re the Property, at Seller's expense, prior to settlement. 320
32! 3. If the inspection report reveals defects that do not require expansion or replacement of the existing individual on-lot sewage disposal 32t
M
323 system, Buyer will proceed wider one of the following Options as listed in paragraph 10 within the Contingency Period:
O O
tion 1 3Z2
321 p
D Option 2 123
3Z5
4. if the inspection repon reveals the need to expand or replace the existing individual ,m-lot sewage diaposal system, Seller may 324
Sys
726 ,
within 25 DAYS of receiving the inspection report, submit a Written Correedw Proposal ("Proposal') to Buyer. The Proposal 324
327 will include, bid not be limited to, the name of the company to perform the expansion or replace-menu provisions for payment, includ- 327
328 ing retests; and a projected completion date for corrective mearnrres. Within -..I- DAYS of receiving Sellcr'e Pnmposal, or if no 326
329 Prropoeal Is provided wbAin the timi gives, Buyer will notify 3e1ler iri'writing of Buyer's choice to: 329
330 u Agree to the terms of the Proposal, if arty, whereupon Buyer ace" the property and agrees to the RELEASE, in paragraph 27 of 33o
331 this Agrecereent, OR
;W
b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pars- 331
332
333 graph 30 of this Agmaneent
334
c. Accept the Property and the existing system and agree to the RELEASE in paragraph 27 of this Agreement, and, if required by 333
334
336 any mortgage lender and/or any governmental authority, correct the defcct3 before settlement or within the time required by the 335
336 mortgage lender and/or governmental authority, at Buyer's sole mporim, and with permission and access to the Property given by 336
337 Seller. Permission and access may not be unreasonably withheld by Seller. If Seller denies Buyer permission and/or access to cor- 337
338 reel the defects, Buyer may, within _ 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller
with all 3m
339 ,
deposit monies returned to Buyer according to the terms of paragraph 30 of this Agreement 339
740 16. !HOME WARRANTIES (9-05)
341
At or before settlement, either party may have the opportunity to purchase a borne warranty for the Property from a third-party vendor. Buyer and Sao
341
342 Seller understand that a home warranty for the Property does not alter say disclosure requirements of Seller, will not cover or warrant any pre- 342
343 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications that 343
344 Buyer has elected or waived as part of this Agreement. Buyer and Seller understand that the licensee, broker or mortgage lender who orders the 344
345 home warranty may possibly receive a fee paid by the home warranty company,
346
l7. ZONING CLASSIFICATION & VERIFICATION OF USE. CONTINGENCY (9-05) 345
347
(A) Failure of this Agieement to contain the zoning classification (except in canes where the property (and each parcel tberenf; if subdividable) is 345
347
348 zoned solely or primarily to permit single-family dwellings) will render this Agreernent voidable at Buyer's option, and, if voided, any deposits 349
349 tendered by the Buyer will m -turned to the Buyer without any requirement for court action. 349
350 Zoning Cla ednestion: .
391 -
(B) Contingency Period: days (7 if not specified) from the Execution Tate of this Agreement. 350
352
Within the Contingency Period, Buyer, at Buyer's expense, may verify that the present use ( 361
363 l
of the Property is permitted. In the event the present use is not permitted, Buyer will, within the Contingency Period, give Seller written 352
353
354 notice that the present use of the Property is not permitted and that Buyer will:
ass
1. Accept the Property and agree to the It) LEASE in paragraph 27 of this Agreement
OR 354
3s6 ,
2. Terminate this Agreement by written notice to SeUcr, with all deposit monies returned to Buyer according to the terms of paragraph 30 of $55
356
157 this Agreement
3st
if Buyer fails to reapoud within the Contingency Perbd or does not terminate this Agreement by written notice be Seiler within that 3s7
35e
359 time, Buyer will accept the Property and agreee to the RELEASE In paragraph 27 of this Agreement. 359
360 IS. NOTICES, ASSESSMENTS & CERTIFICATES OF OC(,'UPANCY (9.05)
sit
(A) Seller represents, as of the date Seller signed this Agreement, that no public improvement, condominium or homeowner a ssrmciation asscssmatts 3se
a61
362 have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon Seller
' 362
793 or anyone on Sellcr
s behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinsucca that remain uncor- 3e3
rectcd, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected
unless otherwise %4
:1s0 ,
specified here:
ses (I3) Seller knows of no other potential notices (including violations) and/m assessments accept as follows: _
307
- 966
- -- ?•
- 367
Sat Buyer lnitials:-'1J A/S-R Page 6 of 10 Sel
ler Initieda?-)?? N-0
Revised 9/05
i'v2
3>5
3;4
37t
;t 11%
3r
37i.
379
370
Ai
301
383
364
305
366
307
see
389
390
39.
392
393
394
395
796
397
391
ass
41::
4
4tr<
403
404
405
409
407
don
409
410
411
412
413
414
416
416
417
410
419
420
421
422
423
424
425
426
427
428
429
430
43,
432
433
434
LEM
; rt;+' wlIA y{V•J,U4 .. •. ,Vy -1 ...... IwuzW .'/_.v, Vr u..:.?.n:.... r:. r.. a ?. .
notices und/ur as5e menus that Seller will:
Sri
1. Fully comply with the notices and/or assruments at Seller's L-Apcnse befoxv Sculctnc:nt. If Seller tally comphr-t with the ru,ticcs and/or 372
assessments, buyer accepts the Pmperty and agrees to the RELEASE in paragraph 27 of this Agir4meot_ OR ire
2. Not cOrnply with the noticcm andkx asresmeuts. if Seller chooses not to comply with the notices and/or wmeaments, or fails withln the 374
time given to notify Buyer wbether Reller will comply, Buyer will notify Seller in writing withiu 5 DAYS that Buyer will: 375
H. Comply with the nutiecs anNot assessments at Buyer's expense, accept the Property. and agree to the RPLEASE in parRmph 27 of 378
this Agrewient, OR 377
h. Terminate this Agreement by written notice to Seller, with all deposit monies reltn'ned to Buyer according to the rams of paragraph m
31) of this Agreement. 971
If Buyer fails to respond within the time stated in paragraph 10 (() (2) or falls to terminate this Agreement by wrifto notice to me
Seller within that time, Buyer will accept the Property nod agree to the RELEASE in paragraph V of this Ag7wncnL 351
(D) if required by law, within 30 DAYS from the Execution Date ud this Agreement, but in no case later than 15 days prior in settlement, Seller 3sa
will order at Seller's expense a certification frtrrn the appropriate municipal department(s) disclosing notice of arty uncorrected violatiuns of rum- 383
ing, housing, Molding, safety or fin ordinances and/or a certificate permitting occupancy of the Property. If Buyer reeeivcs a notice of any Set
required rgwits?improventents, Huy" will promptly deliver a copy of the notice to Seller.
1- Within 5 DAYS Qfmcciving notice from the municipality that repairs/impmvement„ are required, SeHa wiH notify Buyer in writ- 315
31e
ing that Seller will:
a. ' Make the required repairs/improvtments to the satisfaction of the municipality. If Seller makes the mquivvd mpaimrampruvement.K, 367
see
Boyer accepts the rrupcrty and agnscs to the RELEASE.. in paragraph 27 of this Agroern?ent. OR
b. Nix make the required r paira/improvementu. if Seller chooses not to make the required nepahj6mprvvemmbt, Buyer will notify 369
ago
Seller in writing within 5 DAYS that Buyer will:
()) Make the rtipairVimprovemente at Buyer's expense, with permission and access to the Property given by Seller, which will not 391
a52
be unreasonably withheld, OR
(2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of para• 393
3%
graph 30 of thin Agreement
if Buyer falls to respond within the time stated in paragraph 19 (D) (1) (b) or fails to terminate [iris Ag reesaenat by wrkko notice 316
316
to Seller within that time, Buyer will accept the Property and agree to the RELEASE In paragraph 27 afthk Agreement, and Btsyer 3D7
accepts the resposlstbllky to perform the repoln0lmprovement3 according to the terms of the notice prw.Wed by the mueldpalky. see
2. If Seller dcniet, Buyer permission to make the required repairn/improve rents, or does not provide buyer a coca before settlement to make 20
the required rcpairvmprovernents, Buyer may, within _ 5 DAYS, terminate this Agmcmcnt by written notice to Sella, with all deposit am
monies returned to Buyer according to the teams of psragraph 30 of this Agreement.
3. if repair-dirrrprovements are required and Seller fails to provide a copy of the nofice to Buyer as required in palsgiaph 18 (D), Seller will 401
402
perform all repairs/improvements a8 required by the notice at Seller's mpeatre. Paragraph IN (D) (3) will awrvin settle4 mt. 4D3
(E) Access to a public road pray require issuance of & highway occupancy permit from the Department of Transpo[tsdoo
-
19. 7711.19, SURVEYS & COSTS (9-05) 404
(A) The Property will be conveyed with good and marketable We as is insurable by a reputable title insurance ctnnpany at the riff-tryr rates
free and 409
4o6
,
clear of all liars, encumlixancc4, and casements, EXCEPTING HOWEVER the fi711uwing: existing deed restrictions; biettnic presuvation 407
restrictions or ordinances; building restrictions; ordinances; ea6emenUi of roads; easements visible upon the grans!; easements of record; and 4m
privileges or rights of public service companies, if arty.
(H) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien imurwn4x, or any foe for caatoeH¦tion; 409
410
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and 411
cbarges paid in advance to mortgage lender(s); (4) Buyer's customary settlement costs and accruals
.
(C) Any survey or surveys required by the title inswance company or the abstracting allomcy for preparing an adequate legs) description, of the 412
419
Property (or the crntoctirm tberrmo will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage 414
lender will be obtained and paid for by Buyer.
(D) if Seller is unable to give it good and marketable title and such as is insurable by a reputable title insurance Compaq at the regular rates, as specified 415
416
in paragraph 19 (A), Buyer will:
1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 27 of tbie 417
:is
Agreement,, OR
2. Tcnninsec thit: Agreement by written notice to Seller. with all deposit monies returned to Buyer according to the tams of paragraph 30 of 419
4"
tbis Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspechams or certifiatitmr obtained 421
according tD the rams of this Agreement, and for those items specified in paragraph 19 (B) items (1), (2).(3) and in paragraph 19 (C). 422
(F') 1he Properly is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (aoc information 423
Regarding Recreutional Cabins):
_
2
0. )NDOMiNFUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RLSAi,F. N(.MCF. (9 05) -
424
Nt?T APPLJCABLE 425
O APPLTCABLE: CONDOMiMUM. The Property is a unit of a condominium that is primarily tun by a unit oavacrs' association. §3407 of the
' 41fi
e27
11oi1.
urni Con daninium Act of Pennsylvania (are Information Regarding Condominiums and Planned Commtmitiear) requires Seller to furnish 42e
Buyer with a Certificate of Resale and copies of the condominium declaration (other that plats and plans), the bylaws and the talcs and regula- 429
tions of the association.
APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOC1A770N). The Property is part of a planned community as defined by 430
"I
the Uniform Planned Community Act (Doe Information Regarding Condominiums and Planned Communities). §5407(a) of the Act rt quir'cs 432
Seller to furbish Buyer with a copy of the Declaration (other than plats and plants), the bylaws the rules and regulations of the association
and 433
,
a C atificKic containing the provisions set forth in ¢5407(a) of the Act.
434
Buyer laitlsis% ?. A/S-R Page 7 of 10 Srlkr Iwifwh:?x )? 43
_
Revised 9/05
?
- - -- -?- ?i V ).ivvJ V d^If t.7 !.I „-,w rHur- o:7
c?afc any airy orhe.r docuuhcnts nceexwuy to enable Seller to comply with the relevant Act. The rues provides that the Rssneiation is mq+.tircA tv ?Te
provide these documents within 10 days vi' Seller's request. 4A
(B) 'seller will promptly deliver to Buyer all documents receivers from the, smuciation. Under the AAA;L Seller is not liable to Buyer fror the tailure of 425
the u%uriatiun to provide the Certificate in a timely mariner, nor is Seller liable to Buyer for any inc:nnext inibnnation provided by the associ- 441
^4i ation in the Lertifiew,
(C) `rhe Act provides that Buyer may declare; this 4
Agreemwat VOID at any time before Buyer receiv.n talc association dacuuhem, and for 5 days eflcr 443
43
receipt, OR until settlement, whir:hcvcr 0lxurs first. Buyer's notice 10 Seller must be in writing ; npnn Buyer declaring t}tis Agreement void all 444
^ deposit monies will he returned to Buyer according to the teems ofpare
graph 30 0f this.Afrrcenhenl. 445
(D) If the it.ti;cialion has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimburse Buyer for 449
any costh incurred by Buyer for any inspections or certifications obtained according to the terms of the Agmcwcnt, and any costs incurred by Buyer 447
ie 14r: (1) Title search- tide insurance and/or mectwnic9' lien insurance, or any fec for cancellation-, (2) Flood insurance and/or fire insurance with 419
craLptled coverage, mine subsidence insurance, or any (cc for cancellation; (3) Appraisal fees and charges d in advance to mortgage lender(s). 449
a.-0 21. MAJNTENANCE & RISK OF LOSS (9.05) Mt
461 (A) Seller will maintain the Pro rt 4,
Jx Y grohurol,, fixtures and personal property specifically listed in this Agreement in its present condition, normal 431
4,112 wear and tear excepted.
453 (t3) if any aystcm or appliance included in the sale of the Property flails before settlement, Seller will: 46Z
4=4 1. Repair or replace the failed system or appliance before settlement, OR 453
ass 2. Provide prompt written ootice to Buyer of Seller's decision to: 454
490 a. Credit Buyer at settlement for the fair market value of the failed 455
asp system or appliance. as acceptable kh the mor>Page lorhdu(e), if W OR 456
b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system 457
458 or appliance.
459 1 I f Sel lei dues not repair or replace the failed s tern or a liance or 42
48p ? Y' 11P agree to credit Buyer for its fair market value, or i1f Seller feign to Hari- 459
ty Buyer of Sellers choice, Buyer will notify Seller in writing within _ 5 DAYS or before settlement, whichever is earlier, that Buyer a%
461 will'
4g; a. Accept the Property and agree to the RELEASE in ate a62
P graph 27 of hose t,OR 462
465 b- Terminste this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of pxragrrtph 463
464 30 of this Agreement.
465 (C) Seller tears the risk of loss from fur. or odw casualties until settlement. If an 464
48e 1. Acce the y property ty ' included in this ale is destroyed and not replaced, Ahryer will: 495
Pt Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller. OR 466
467 - 2. Terminate this Agrcemerrt by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 30 of 467
4611 this Agreement
469 22. COAL NOTICE (Where Applicable) 469
470 Tats DM'tmENT MAY NOT SELL CONVEY TRANSF' 469
, , t71, INCLUDE OR INSURt3 TH[ TITLE TO TtrE COAL AND RIGHTS OF SUPPORT UNDERNEATH 73t@ 3()RpACE LAND 470
471 DESCRIBED OR REFERRED TO HMEn4, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE TIM COMPLEn LEGAL RIGHT TO RP.MOVE ALL SUCH COAL AND 471
472 IN THAT CONNI ("ON, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND) AND ANY HOUSE, DUILDRaC. OR MUM STRUCTURE ON OR IN SUCH LAND. MiJs 471
411 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957. P.L. 994.) "Buyer acknowledges that he may not be obtsioiag the 473
474 right of protection against subsidence resulting fiorn coal mining operations, and that the property described herein may be protected fnum damage 474
475 due M mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowlodgement is made for the purpose 475
474 of complying with the ptovit;ions of Suction 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966" Buyer agrees 476
4,7 to sign the deed from Seller which deed will contain the aforesaid provision.
478 23. POSSIES61ON (9-05) 471
479 (A) Possession is to be delivered by deed, keys and: 479
Ono t. Ph rata) 4»
Y possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, ANA/OR 49e
481 2. Assignment of any existing lease(s), together with any security deposits and interest, at day and time of settlement, if Property is leased at 491
451 the execution of this Agreement, unless otherwise ntated in this Agreement.
483 Buyer will acknowledge existing lease(s) 413
) by initialing the lease(s) at the execution of this Agreement, unless otherwise specified herein. 493
404 (C) Seller will not enter into any new leases, tatensiatw of existing leases or additional teases for the Property without the written consent of Buyer. 4"
4h 24. RECORDING (9-" 11)ie Agreement will not be recorded in the Oface of the Recorder of needs or in any other office or place of public record. 495
486 If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 4a6 .
407 25. ASSIGNMENT (9-05) This A.greenlent ilc binding upon the parties, their heirs, personal n preticotatives, guardians and successors, and to the extent 4V
Alb assignable, on the assigns of the patties hereto. Bayer will not transfer or assign this Agreement without the written conscatt of Seller unless other- 4H
499 wise stated in this Agreement
465 26. GOVERNING I.AW, VENUE & PERSONAL JURISDICTION (9-85) 4»
J91 490
(A) The validity and construction of this Agreement, and the tights and duties of the ponies, will he governed in accordance with the laws of the 491
4C[ Commonwealth of Pennsylvania.
tw. (R) The ponies agree that any dispute, controversy or claim arising under or in connection with this Agreement or its performance by either party 412
4a' 493
shall be decided exclusively by and in the state or federal courts sitting in the COIJIMOOwealth of Penosylvania. 494
ass 27. RELEASE (9-05)
496 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LI.CENSEtS, El JLOYEES and any OIrFICIER or 465
497 PARTNER of any one of them and any Mher PERSON, PUWM or CORPORATION who may be Ilable by or through theca, frorp any and 497
496 all claims, losses or demands, including, bat not limited to, personal Injury and property damage and nU of the copsequeum thereof, whether 41a
4P' known of not, which may arise from the presence of termites or other wood-boring Insects, radon, lead-based paint hazards, mold, [HAgi or 439
50 indoor air quality, environmental hazards, any detects in the Individual on lot sewage disposal syst4an or deficleDdes In the on-elte water 9erv_ 509
50 ice rystetn, or any defects or conditions on the Property. Should Seller be to default under the terms of tMiis Agreement, or In violation of any 301
KI; seller disclosure taw or regulation, this release does not deprive )layer of any right to pursue any remedies that star be available
tinder law 502
cc:l or equity. This release will n ,e settlement.
S03
s6' buyer lnitiats:_ _ A/$-R Pale 8 of 10
Seller Initialr: ;04
Revised 9/03 4
^•'b .'ii' A. ,??cCP'Tt4t1W "d,p, J'umi)15, $+T'vc'.i Tttitrlg., i3I'J111(rlrU1 rW eK:,tvItlC,l. 1.•r H,;!re+S C;. V.• ll;nv•. ,!• ?„y ,. ?,._; ?, :. v: .. .. •.?. ... .. _
"
w, ees, o?tct.r-, or pN-trers arr, not a prat of this AEreenteut unlcsn cx7rts .-ly ii+corgrnated or gv.m1v' In -his A TC':mput, 13)li /??yl(I:I11Un 1:UI11;1117G
(h C
r'00 whole agrtcnmew between Seller and Buyer, and there are no ether terms, obiligatirnts, covc111a131s, wprc.cotstions, stotrmult? or coidiliow, n1>,I
s04 or o1herrsisc, of any kind whatsokwer concerning thin sale. This Atnr meat violI not. be altered, amended, changed or nodifimo escort) .!1 writilr g
510 executed by the panics.
51 i (H) Unless otherwise stated in this Agreement, Buyer has inspected the property (Including fixtures and any personal property specifically
512 11str:d herein) before signing this Agreement or has waived the right tv do so, and agrees to pumbtue the Property IN ITS PR.F.SENT ' 4•12
512 CONDITION. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have out made ant independent exam - :1:'
314 inativo or determisntiota of the structural soundness of the Property, the age or condtikin of the components, environmental cnndklone , c;.1
;1; the permitted uses or of conditions existing in the locale where the Property Is situated; nor hove they made a mechanical linpectioo of 515
516 any of the sylydems contained thardo. '516
5t r (C:) Any repairs required by this Agreement will be completed in a workmanlike manner. 5:7
510 (D) Broker(s) have provided or may provide servicm to assist wueprescnted parties in complying with this Agreco3ent 51C
514 29. TWFAUi T (9-05) 5i2
520 (A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer. 520
set I. Fail to make any additional payments as epocified in paragraph 3, OR 521
522 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 522
523 financial status, OR 6:5
524 3. violate crr fail to fulfill and perform any other terms or conditions of this Agreement. V4
523 (14) Unless otherwise checked in paragraph 29 (C), Seller may elect to retain those sums paid by Buyer, including deposit monics: 525
526 1. On account Of purchase price, OR
$27
2. As monies to be applied to Seller's damage OR 526
526
1 An liquidated damage for such breach. 327
526
(C) Pff SELLER 1S LIMIT' ED TO RF,TAINiNG SUMS PAID INV B[IVER, INCLUDING DEPOSIT MONIUr•.S, AS LIQUIDATED DAMAGES. Us
529
530 (D) If Seller retains all stuns paid by Buyer, including deposit movies, a,; liquidated damages pursuant to paragrapb 29 (B) or (C), Buyer and Seller 530
931 are released fivan fluthcr liability or obligation and this Agreement ie VOID. 531
532 30. TF-RMTNATION & RETURN OF DEPOSITS (9-05)
5.33
(A) Where Buyer termindes this Agreement pursuant to any right granted by this Agreement, all deposit monies paid on account of purchase price 532
33:1
Sala will he returned to Buyer and this Agreement will be VOID. 76c broker holding the deposit monies may only release the deposit monies accord- 534
STS ing to dtc tonne of u fully execuned written agrccn)ent between Buyer and SeUct mod as permitted by the Rules and 1Regulations of the State Real 333
536 Estate C:omtnission.
5'sr
(B) If there is a dispute over entitlement to deposit rr,onics, a broker is not legally permitted lu determine if a broach occurred or which party is a ti- S36
sir
536 fled to dcposit monies. A broker holding the deposit monies is rcquirod by the Rules; and Regulations of the State Real Estate Commission to 53s
536 rctau) the mcmies in escrow until the dispute is resolved. In the event of litigation ever deposit monies, a broker will distribute the monies accord- sag
540 ing to the terms of a final order of court or a written agreement of the parties. Buyer and Seller agree that, if any broker or affiliated licensee is 546
$41 joined in litigation regarding deposit monies, the attorncya' fees and costs of the broker(s) and licensee(s) will he paid by the party joining them st,
542 .
31. REAL XS'IWM. RECOVERY FUND (9-05)
543
A Real Estate Recovery Fund emixts to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee .442
sae
Sad sewing to fivud, misrepresentation, or deceit in to real estate transaction and wlm have been unable to collect the judgment after exhausting all legs[ 54i
US and equitable rci ncdicr. For complete details about the Fund, call (717) 783-3658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4954 (out- so
546 side Pennsylvania).
547
32. MEDIATION (945) 540
:-to
(A) Unless otherwise cbeokod in paragraph 32 (D), Buyer and Seller will submit all disputes or claims that anise from this Agreement to mediation ear
546
549 in ucAairdonce with the Rules and Procedures of the Rome Selterm/l Lome Buyers Dispute Resolution System. Any agreement rceclocd through 549
550 mediation and signed by the parties will he binding (see information Regarding Mediation).
551
(B) Buyer and Seller have received, read, and understand the Rules and Procedures of the Home Sellcrs/Home Buyers Dispute Resolution System. 550
351
552 (C:) Any agreement to mediate disputm ur claims arising from this Agreement will survive settlement
V ss2
S53 (D)
M)' owri0N 15 wA1VBD. Buyer and Seller understand that they may choose to mediate at a later date should a dispute or claim arise 553
554 ,
but that their will be no ohligetion for any party to do so.
55S
3.1. RESIDENTIAL LEAD-RASED PAINT HAZARD REDUCTION ACT NOTICE (Regairsd for properties built before 1978) (9-05) 554
335
ass Lead-Bared Paint Hazards Moclosun Requirements: The Residential Lead-Rased Paint f lizard Reduction Act requires any seller of prop- s56
557 erty built before 1978 to provide the buyer with an EPA-approved lead hazards information pamphlet titled Ptrolect Your ,Family jrt)m Leud in Your +51
ssa Honk! and to disclose to the buyer and the bruker(0) the known prcsemice of lead-based paint and/or lead-based paint hazards in or on the proper- 650
V* ty being sold, along with the basis used for determining that tht hazards exist, the location of the hazards, and the condition of Paintcd surfaces ssa
536 .
Any seller of a pre- IV78 structure must also provide the buyer with any re cords or reports available to the seller regarding Iced-booed paint and/or %v
561 [cad-based paint innards in or about the l,mperty being sold, the commun areas, or other residential dwellings in multi-family housing. Bcforc s 5s1
Sea bvycr is obligated to purchase any housing constructed prior to 1978, the Act requires the seller to give the buyer 10 days (unless buyer and sell- sot
s6a
A4 er agree in writing to another time period) to conduct a risk assessment or inspeaaion for the presence of lead-(rased paint and/or Icad-based paint
ha1wrtiv. The opportunity to conduct a risk assessment or isopection may be waived by the bu
w
e
i
iti
N
i
h wa
565 y
r,
ng.
n
r
e
t
er testing nor abatement is
required of the seller. Ilousing built in 1978 or later in not subject to the Act. 544
565
50 ,9 NUr A PPLICABLE. Property was built in 1979 or later,
? APPLICABLE;. Property was built before 1978. Broker must attach the Lead-Based Paint Ma7mrds Disclosare and inspection $66
ssr
61,e Ciontingearty Addendum (PAR Form LPA) or another aceeplable form with the Information requbvul by the Act, and provide Buyer M
tigp the pamphlet 11rormt Your Family from Lard in Your Hoare. Boyer(s) must initial below that they have recetvoil both documents: asp
"0 Lead-Based "aint Hanorda Disclosure and Inspection C,tmtingency Addendum [attached as part of thin Agreement). -
f•: ' ?"? Prorccr Ynur Aamin, firm Lean/ in Your N.orne
1Y lsetyer Initials: ,
,=M?4 _ AMR Page 9 of 10 Seller lniti¦ix;?
-
:;7:
o... -11 arrwc
'>. u -...?? - ? nµ; •vMM+. ?.a,rt, ?-.. 1.•.. :,..w :?."?....... .. ? -"" _' `i v i. •v..? . ??tx•wV!. L J?°
67` ? Sale & c euletnmt of Other Property r, Sealcrocnt If Other Property Contingency Addcndu!n (PAR F,?rn SUP) Fn.
576 Contingency Addendum (PAR Form SSP) ? Tenant-(kcupied Prvpely Addendum (PAR Fortn'lOP) Srs
Sr, C) Sale & Battlement of Other Property Contingency ? 5T7
578 with Right to Continue Marketing ? 578
5? (S) Addendum(PAR Fonn SSP-CM)
660
5 501
Set 502
603 543
$64 _.GG? R. d V
569
505
686
sea_
H7hl F? lWS1?Cz?' T?L? ?{'--k? l5`?F1SG se6
say nN'S ?TD see
she 7 A+?-(S OF1.?5?2. QtIJ?? . SEC-L?l
6L,,*'" •s1 L4 l j.) 5"
CP?%-KlEjz1 dies qz. 90
59,
591
S9
Sol
6w
$93
591
691
595 596
5" Sob
697 5117
sw Buyer and Seller acknowledge recAM of a copy of this Agreement at the time of signing. 18
so0 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Partite to this transaction are advised to consult 699
am an attorney beltore elgaing if they desire legal advice.
600
001 Return by facsimile transmission-(FAX) of this Agreement, and any addenda and amendments, bearing the Signatures of am parties, constitutes Sol
602 acceptance by the parties. 002
603 ? Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 h. Code 135.334. 403
ew ? Buyer has received a statement of Bayer's estimated cloolog costs before signing this Agreement. 604
605 ? Buyer has read and understands the notices and explanatory information In this Agreement. S06
Sot ? Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see Inbrmntlon Regarding 008
007 the Real Estate Seller Disclosure Law). 607
sot ? Buyer has received the Deposit Mnnry Notice (for cooperative sales when Broker for Seller b holding deposit peony) before signing this eoe
609 Agreement a"
610 BUYER'S MAILING ADDRESS:
all
e12
613 WITNESS
614 WITNESS L BUYER
615 - Seller has received the Consenter Notice as adopted by the State Real Fatate Commission at 49 Pa. Code ¢35336.
sis Seller has received a statemest of Sdkr's estimated closing costs before signing this AgraemeuL
err Seller has read and anderstands the notices and explanatory Information in this Agreement,
618 SELLER'S MAILING ADDRESS:
619
020 WJTNESSa?Ak ~ SELLER
621 WITNESS
SELLER
610
011
DATE 3 -d 9012
DATE eta
DATE $14
616
6111
817
e1s
019
IIATE 620
DATE art
e22 WITNESS- SELLER DAVE e22
A/S-1t Page 10 of 10
Revised 9/05
CG! I 010. fl^r%v
02/09/:1909 10:23 717•-761-1495 JAN QAUGHEN ERA PAWS 92%06
,riiw re,.? w•ven?aiwr r 91ii:t i[, 15 PROPMTY ID OkiUIM i3TA7"'k1V,?N 81PA
Me tee, Kerrlrerd w ero lx dO..r?,ho+ otn w hw?,tw.i. ?.?e. q t er s"LUMP
X /1 ...d .. .A -4 _ , _ 1 RuU
e 7 Rsa yliliNr . J JOI It
aaq.) t1rMt • W:¦ praperd R?brt dktcloae to a own
+ ertaerNl dafka,r float 1111 i f bent sold t¢d eft trot tsa0ily ob?orvable, W--Nk the LAW tt+pint oftfaht d1leb .roe, INS diedc. +
t sate eteteateBl cweta We r= NOW bqa d Ow bedo MuhMfI v srtlw Law to set eifort fe MAN eclirn in 9oesr111*9 whk dodo. t
e fry s rerallersap aad to aerial leryers is lle p,opera, bo41{ o0?11 . a.llws r ho VIM 10 wo or MOW sate dbcIOpW •
ltbtns pa f6d Wa Aso, Oa the WA Me Or*- PamV*" k* geai Iliam Coasrebdoe, t
'I'hia ieneraeat dleclOwa seller s Icoo?wlod?o of fhs aradhion Of fate pnrpgty a of tl,a deee NjNed 6y 9ellor and h veal a rabrflNrN r
!ar SAW ftmonlewa or wafff eve flat 1M? ?! w111 a olltw Tlie 0erlaroer,t b prat a wanok?r of pry lkh,d br Seller or a were r
rw'4' or leplaealtllora b7 few heft Mai MM 3rOkar, my of i q real spate br*= or ft* 1'wmeese. Bowie
aaaarr??ad to edd?ua ?
*t aotroesraa abod to aoadtkw dtlw drat nM out be iacledekl iA this M ' i greet. This 6tnew,en deer flat teliove War orfhe n
w eb)itdttfpq to alaelaee a nrNkfial Nlrot t?tt sq not a ai/tewed 4n qua tote., n
u A Mafrtid DtAOt k a wleft a itrld' alk i t a arty potful ofb duct would have a tltet8esket edv.ns Imp el om the u
ft,ve>tra teen yfogea10 w b"Avs an yetwtoaable rbk bP?+Pte ?Ofye?fi14 the llet tM a,nuatlerl abinent, gdt?n or self t+
If eYMM Is a w beyaod an red offie tn,rnrd MM ifb of rAh a ttruaowal 11WOo t?11*M or Wkyefem is not by WWII ante N deist is
Of 1. 81134illO11 VjtPlltM a?dbr A. not lgeaea ?espaltf- iw aoeb--% wrlaeatht, asdritoet rte
IT 96W wow nlbad to tiff One rfecom and =0100" of 60 and Its r? ? eeietaneet or
it PeiPw4' ffvroreeooaa, eokeopt a fbltorrr
>. ? AiMCY
n (a) b Go plop 14 b` aar•rtor eaeupipd7 _%_Y u No 1f'ys , by wum7 ,X. sell., pow ?,?b (trmm)
In (b) 1?vw 00MVIK whwa wq it MR oeolapked7 'on bra yo. ewnw d dw pevpre{Yl -YANOMM
M (c) Am )VO anrale of 8W f I Ni - M ? -A-
..w.
N dow VA .0 TAT,
X 3. ltOOF
w (a) Awe roetbeebu d: __ _ 1b ._..` BIOS Unimown
ar (b) tiff. fllp teatbere wpiarwt wr repelled
dtlda= yeas ewrureldp't Ylta -L No
a ffo y ~ was fhtnuft reoling nalfew sea ared7 y4s No Unknown
t! (e) "new rW"W jwbtd draiei Few"*~. -y" _, X Nn
(Q M yon aware stay 1 1101ente WO ft roof. /fib flethh,g W Aew,.p W _ Yes _.W We
3,1 Bxvbb any " rah' aaawwa fe file maw, bdodw,Rthe bcOn eat attest ofany pnlhm(p at aw np * a temte NW" et7lbatal
w 4. SAIRll M I S AND CRAWL WACU Mmpb a attly d appl A b)
sr (a) Ow In *IVpkfy here a stamp rA*7 -- .. Yoe -)L No L),dlt>'enrq
N w. has ik owsmy Yee NO ? Vobb +ra la it w wgtcltb adgk'r Ybe _? No Udenara
(6) Aire yrra aanre 0110W WNW 10111131 fl, eoon,ulatipl4 yr dMgMW wfihin ft bpa,awlt a crawl epNeoi
» (cl Do,yea b4wr,Irq ?rka orodlertaogkti b woad ale?wrtr er, rAeepaowplalt?n b tars bwa++wkt Orararrl ?. Yw lro
? la4Mir ?' ??" aaaw.s iw flrir Ieellea, betedlky 16e leallee awd t70wt derq N'elf?eak(e) red soy repeJr ar7t•e lalNrt d?trrhk
w 3. 'TRdfllfl C voavfr viin 9', pun
+l (a) Acre ym a rew grow Nfaailwhvood•desdoAg irearr 1 &YN4 or pow allkllnt on wapatte ves No
e, (b) nYe yea .wale deaf dealer 1q dre property aartodby h'o°efs, dt)noi, Patt7 Ybo „ No -006406
(a) L Propwh? eaeatd,Y larder Oogaaet br • 1loerkerd pat aerrarfl owrrkp?ipq _ _ vw -.x INC
N (d) Amy" nraw 41#1010111011110011 asefad nporb of =mweese ft &*
s wsplarr s4 ?Fw stso"N in fade eaetiap, ltd. aaae Vf --- Yq x No
? ? as 207 serwaMerMreetwlaet tPm'ltar. fr appticeb4:
w A• !TR CAZl1RA1.
w (a) are ym a+rens Of eWPea ar P OW9 Water Ieehpe Im tfw iaowa at edw bootee 7 Val ? No
e (b) Arc 7ue awsou adwtf "a or pr+aaeet tNnivrnent, shiftin& daletlaradwh or odror p W NM whh waft fbeadedone, of Odbt
'° rkl,r stunal vat4MInW _ Tea -)L No
w (o) !?ayoaaaeeet><teypetarPaetpkpbleaawlbdfhwrapaN?P?oneranitswtdlronfbepvpekfyl,,,,` rii ? Ne
w (0 is 7W A?tvptesr taafie?d vAlk an t)mow tfteale* %j iehirrt Syebm (F±I n sm a bryvh or syatlwtle M,rav7
s. (e) Am liens qp ? ? *0"mumm ) in flooriap?at %W ee ??? •e+ (Q Ara y *% atrw of ur lire, sr M. waeet a ion danraaa m tale -- Yevia s N No UahaOwn
r ta
R?ieb..r'y ee"arwnks b lick aaAlea, behrdll? Ills Man. end aloft vtvt No
.
n'p) ta>,r*el? wneaedtaMea efl?s.
,s
n
u
n
s
<t
a
•
b
a
b
a
w
h
u
n
>e
a
n
w
fa
M
a
u
N
q
N
A
w
N
a
er
a
p
N
n
w MOW bditb: , r Dwe WD Ira" 1041 ilea, 710d w 7 DftjCa&"te
et a bnofREALTORS °O^"°O?eaan+nrt. nwtaxaw?tkoeteu?L+oa.rwt
ryas
-- --•-.. i ?JVl A JJ V:. rv'J?.'.L"?Crl•IH°v1LI Vw
'>9 7. AvornM&A]iTBRATKM Have anyladditions, structural char'60a, or atlv,r aittm Ions be m, made; to the property
1
w during your ownenbip? Yes 180 60
a, If y 0. list atJdittoes, structural chul w
tgCtl, Or- a teratronn nat
Appt'07Cl?tmate mac pcrrn?ltg o 1X1n erg na lnapsogone/Approvale c1
a _ (usc additional ahects if nemseary). dtde oPwOrk (YaJ.NMUnknown) obtained? (Yes/No/Unknown) a
ib «
si - M
07 K
es Nate fi 800w K Yhor PA Camtowcoan Code Act', 35 P& 47210.101 st seq. (e?pfecr?,b IW 4), rod kwaf crmki estk Wbh smndmdr v
er dbR-i„g p.opErtler. ,turnery thrN chock with Ow monsic$%o/p/ b dzWmhr• Y'pwmft a ue work ani an f as
fi w
7o sn, whether they were 06"Of d. l her ?ay'*Wpatrdt. wrvtr not a('tP * * cpi?glit x/an7NOlA"" the wale eneraae,rtrnr ow"W owes. fir rn tp7gradit enn 1WWV of arrernWK to
71
Alta nswlt: GI'Prkv nursers, dipe?r crud lraur Ilse "'? rJrr ,nw,rk:lpali?v ?rrn
11 4if/e i?irunmspe/7oftsia ??hY ? ? bi mattt ran7p[iraarr m drrtr7rlhte (JlRtwso rxitt: Fagrmrd,ri r,
emw be amilable i7rMoror, IV W'W drr r" 4rwonk abne to the pare" byprevA tt MWWT *00od ape, 7rrlr ar qpva/, 7z
7a 8. WATRR SUPPLY
74 (a) What is the source of your drinking water? Public Water Well on l'.
7a _ None ____ (letter (espleiu): romtY ____ Community Witor n
7e (b) When was your water two kl tcd7 74t reawlta: n
71' if your drinUng wader sou.oe is nut pub! Is the pmnping sylk" in woeking ender? Ya n
70 if "nq" oplala! __ _ No >,
71 (e) Do you have a sotbener, filter, or other trominsaw system? Vee „
a If you do not own the No 0
Y tryabcm, explain:
a, (d) Have you ever had a problem with your water to
(e) Has your well ever run auPP? ?`°?' ? No
M ar
a wall the dry? - Ycs No _$_ Not AppliMble
a (+) H To tham s your
Propes>,r not used as *a primary so am or drinking water? - Yee No p
o+ If yes. is the well capped? Yes No - -
ta
re (g) Is the water system shared? - Yes No p
K (h) Are you aware of any leakca or "titer problertq, Peet or pteKanL tdadDS to the water ~
c7 Yes NO 011130Y, pumping eyetern, and ttlatod ham?
w
to Explain any 'yes" anyw,ent in ttrl..eciden, hehttlleR the daaattato RM eattetlt of any Prnte(a) aM any ttepab or rMbsdlatbtt ,flbrbt: ¦
to N
r 9. UVAGE Mrilm
at (a) Wbat is this type of wwolle syeoem? Public Sewer to
IS Individual 0a-Iot Sewn Oi Tadividuod On lot Sewage Disposal System p
tt Ten -acts Pe rtnlt Exe sveaai Sysean in Proximity ew Weil _X_ Community Sawage Disposal 9ystotu xis
a - Other type of ? HW ft l><nk None _ Nora, Available/Permit Llmiraflars in Effect w
L:A system (sxDlain)..
w (b) If Individual On-lot stwaF ryekm, what type? Cwepool t•
Other (specify): Drwnftld Unknown M
ar (o) Are there any septic tanks on the ? yi T YOS NO Unk to
vs if "fires," what type of [ank(e)? fi cwto d - Unknown p
Catxrn/cononeue
1a (apaft)- _ Flboralaes -Unknown w
Im (d) Whce was the on-site sewage disposal syrtrenI last aerviood'l rse
in (c) Arc there any sewage pumps locaW on ilbe ptopMy7 Yee _X No lot
tra If yen. WOW of ptanp(s) Arc pump(s) in workin ardor/ taQ
lee Who is rrsportsble for maintereaot: of aerrega pempe7 B Ya _ po tto
its (/) is the Sewage system shared? Ya _?L No tN
rfs (g) Art you aware or any past ar p =Md laab, W* W or athcx
,07 Explain any "yes" aasweew its this?,,?e?? ptoblans relating to Mc.ewaQo ry and roltMsd item? Ya „4 NO Ne
to eeetlottr laehtdlttg the IOCatleo awed extent Of any prabltwt(s) sad any repair or maned
htiioto efrot'b: tot
in 10. PLUMAl1Vt^, A13ZElN in
If* (a) ?)rpe of plushbing (tdwk ell that apply): _ Cq*, Oalvanizad tae
tit -Mixed Unknown -oow (explain): Load -, PVC Polybutylene pipe (PS) III
112 (h) Are you aware of any problems with any of y plumbing fixtures (e.g., including but not limited t0: kitchen, laundry, or bath. tit
„a room fixtures: wet bats; etc.)? __._ Yes JL No ,ta
'a If yes," explain:
11811. DOMESTIC RATER N1:ATAlYG tta
nc (a) Type of water heating: Pjm&ie
,17 Other (explain): -Now Gee ____ Fad Oil ?" pepparK V yp? „s
____ 9,ann+,,VAV r Roolr,.Up 1M
lie 11e (b) Are you aware of any problems w any kh water hoetOr or r'etated ageipsnent7 Yee No tit
`yeas. explain: III
7701loyer Initiwb: Date t,e
Y 9T0 IPa? Z of S Selkt 1n)tlalx: % . Dow I„
02/09/2689 10:23 717--761-1496 JACX GALJ94E'N E71A PAGE 04196
It 12- AIR CONDTTAOP11a1C SYSTER m
in (a) Type of air aonditiml t A Carrel Air ? Merl Units ,,,,^ VA derv Uaor ____ Nom
ti
in Otbor (Vwwn): w
In Nva*w of -b dvw wdk ieob0et M wle LeeMioo(s) rM
to (b) Ada os CewW Atr Condtio.iaa 6yeaolo: _ _X_VvtWAwa Derv 1wt wrviced, iri9lowa w
in (a) ust any alws aft* hown daelt am ttrel air coed Dowd; IN
in (d) Are yera awns Of Oar pr Mum wide airy Bohr In r11s mmMun? _Yes JL Trio ,el
? 1t?]ea ? Otip1al11: it1
111113 . ARAi1M bywrm ,s
Its (a) 'lyp O of bea6m 11 Ke) (dak aif that apply)- _ S1eollio X PW OII _...,.14104rtl Ow ._..,_ 1> wom 1st
.et _ CAeI _,_ W d _06w, w
In (b) ?ype(.) of leealtlns ryetwl(e) (elotik ae roar appvy pealQ ROtAir Hot Harr _ Heat Renlp in
iilo1111i1: Baella _ ljwun , ?, Wbod Savve (Haw ma,q?.._.) _ 009 91 rw Vivo mmy? iw
IN _ Allier; 1N
is (e) Abe of Heart a SyMNa: Y Unbw m DW I" mov eat. WIPWW
"
a is
iw (d) Are theca my tbaplOmlf Yre _ Nd If
y
how WSW Are tyley weelc(rW? Yoe No in
I77 (a) Are S1n ply ddmttoys (fiow a 11?eplace,,aa n bwW or ray oilier h u ft e,?ebel)7 Ybs ? NO w
in Ir-m- how eawryl Whoa wwe d w imokwloelT unbeam w
,a Are *ey w~ __X Xw - No Ifftm`oplain: 10
to m Llet say arms atom bows am we eat hood., 10
iel W Are you m a of wW ko" Irei Imim on t>ta peepers? _ Yes llto M
In Local..(.), ia9lw q wedelDowld ORKs): ,r
10 vy" do am wept as MIAm. 0911i"; to
ter Ame you aware of may 1poble s w wW doe fNteNd tetsaea any dear In troll a Wesit To rft 1M
I"Ir-rw"..rl.?.: 1.
ue M
,ei 14 . ILLC MICALSYSI'LAf w
tM (a) type eti8ieatrial sy tt n: _ Pww x Gawk 1lrsat= )low Atapo7 ,Y_ Unkllawe us
lee (bl An you aware of wry lmab wad Me wM% in Ora heml.! Yo No 141
mAte ye• aware era" pomM ms or rgdre eweeied to tie dsearlol my*=? _ Yea .X_ He In
%I if -yQi,~ cKvkht IN
1e; i! . 0j, SQU WMWfTAMDAMAAf*= to
in "a satires aatrat be ==pilled rle dart Use *Avwk or late', be IM via !feet hwy. The fat ow en dean b Mod roes to
to we mane 11 h hoodoo r an A(p+asaent of ft m ritrtito of Me ApMetee! of Salo Ila/esrad Lw mw Beyer mm 0~ wm IN
119 dairi.elei,ae wlli? Uae.a„ U aq, see Mcl.lied tia tba Peeiirese ei tMo ptRw'4= Is
as (a) Zbotrk Owge Dua Opm NvodW OrTmomdum Rc7kae Be" In
to rot Omdoa DOOM MW M W_2 L RKOKn E?w Akawx ,w
1Y (a) docotrilrAhaal &_MKo Oweod Loa.ed ( bAXWWOM ) 1e
(0- Lam SvnWw(a) How mW _ 11vwmotlo 71ow iII
we (c) -)L, Swirramms pool _ 'Jot 7Lbt+9pa - P9911SW Hector _ P9ollapa (bvw w tklpooVreb Iw
pleaelt wld AWewedm (Not).
a
$
PuoV$p 1N
?
?
..
.,
a) _A !latlsoADm _ 1til6sm wve Oveal VMmneher 11aeh Coiapaebr is
ra+e Ow%W Dbpwd _- Chew Mum Aj. W11110f __jj?Deywr T_ 3111or" t 1e
.M
"At
(a) Contort Fea(I) How alae 7 _2 LvXKh ?rOrW
,s?
,.e (n) _,?,,,, Aoerelusa _..,_,,, •) d =lee „t
Iw (l) ._, Or4er:
ffid
of Are yes owam of off prt?Meeew or twpelA aeeaad ecley t trill seetl.le7 _ lha
w lt '?.e.7° o)gielhe: iw
ua 16_ LAND (MOI(,.9, DRAMA, rLOODDIIfl AM POUNDAAUNO iw
In (aa) LnrllHwee ,a
rr 1) Ave yew swats of my 161 ar slepweeirs roil eta the plmer ? _ Ye _ ,?? No Ih
In 2) Asc sere me, orrery elMM& MWIVI ,wale elovemellt upho wid. mb*WoHM «r moll WOOF peeblslae Ow have in
92 oo4vltod oa or aveel the: pmvpwtyt _ Yesa z we in
174 3) Are you .Metro Orany talis4 & PRO or peapelOli tttwtn$. s4?wlabq+ err wq atlwr eoosenaAn tlwt might dlrot this IN
yft
ate WopW. , Yee jL No
Nw
Sa
: flat
Ai
r
f? "W
A
i
t
o
b
t
/
W
d
A IN
e
w
mmo
p
vmw
m r
s o
o
w al
o m
ow
o
avw
ow
mklw w
ere wim nbioem to
ifl die mw my we w aadmkw O*Wwlsle Biwa wwo we v dlabk AmigAr Daprbaele of Gworommo M Peobnooa, Mine admMwac iyr
171 Imlaaavr Fatd, 73 7ba =IW Driver, Calllbmu Tackiolosy Lark Coal COaler, PA 134,23 (!00) 722-1678 (w1Adn Poaosylv") Or in
1» (724) 7WI100 (serene Pa wtlvade). m
1¦ebver rerMaeita corn tre1p 3 .te sn..raallew,,: ?jn.arbC W in
to 4) Is the propery, or a portion of it, Pm&mtially assessed for tax purposes, or subje& tri mr the deve'.agmlm' rgho7 191
Yoe si No If'yco", ciscA all tbaa apply balm: ,tr
'1)s _ Fermi V-d and Forest Land Awesatnerttwet- 7:! r.S.g5490.1 at asq_ (clean sehti (3rr Prolp-Am) ,u
_ Open Slaves wet - 16 P.S. J1 1941 at sell. /N
tl1 _ Agricultural Area Suttrky Law - 3 IRS_ 1901 ct seq. (Development Rights) uc
tea _ Other _ ,!e
rw New to Breyer: Pemgy wnia her enacted the Right to Form Act (3 P.S. f 931-957) in an 40iin' to limit #w tlrC,rnuoartear under 117
in which ggrtcukunal operations may he subject to nutralim smug or mdimmm s. Atrye ri are a ncomv end (v inve-viigate whether arty tea
ere agrieaelbwral apenrtlom cirventd by the An Oltlrerne in the victnrry of the p?vperty. 1st
,te FxPlais any -M-1 sns,Ye" In this section: tp
to ----- ,?
ra (b) WlenOW WWmage 1as
tea )) is any part of this yrup" locasod in a wWwWa stm or s FWA flood zone? Yes -g Nu _ Unknown tan
2) Uo you iisoow of arty part or pesad dtaIAMI;e or flooding ptoblems sfl't0t(ng tl,a praperty7 .____y Yes - No 1"
,s Ziplale say 'jeer" answm to this agedw, imba tts data and eat+aet of fbodhW. in
in 114
tq (c) DaundarMa tar
1/e 1) Do you know of any oncroiscirmatts, boundary line disputes, or t:aacnicirts affecting the propmtyl Ya ^ No eA
Nate tr Buyer Most properriet have easelsena rursrbW aeroa th m for w ility swvkw and other reasons. fn many cwty, the in
ememears do not rarricr Nis or&r&wy we of the pmp" and Seller-may not be readily awes of them Berym may wish to M
Mn detembre the mistewce of awamener and rarlrldiowa by a wainh* tare pmpeorty and ard?oing ar Abrnnd of hill[ or seami kg 2111
are dw rrranb it, she O, jJ1co of A* Reeonde? ofAaeob for rte unwary boobw ewWng free an gQrommmi oJsare. ?
2) Do you access the property Haan a pri el a toad or land _ Yea ?1- No
Zf yes, do you hr" a reoostlod tdglt of way or maltitanance agicement? : Yes „x- No an
3) Arc you aware of orhy ebarod or common area (@.I, d6vewe", bddgas. dooks, walls, eta.) or mairtionarice; aptterttame7 3011
Yaa -JC No we
an Xxplair sly "yes" uaswen In List itocNua- aA
tot
all
ea 17. RA"RDOUS 917199'tANCSS AND WMIROWIN MAI. ISStII16S ?
xto (a) Are you aware of any underground tanks (other titan bolos heating fuel or treytic tanks diockreod above)? -Yes -4(_No ra
7t1 (b) Ave you aware of any past or pantie hazardous substances present on the propary (savaune nr owl) such of, bast trot Ihnhw tn. M t
nz aabsetcra err polyohlorlaseed biphmhyh (PCPs), M.7 _ Yeq4' No 112
213 (e) Are you aware of sewage shhdge (other man oomnwulally available fertilizer prnadueb) being spread on Ow property. or have you eta
t,• received writtcs notles of newage shtdte being Wroad on an adjacent papertyT Ya _4 No 114
_,d No all
na (d) Are you anyone of soy case for retold, tbngi, or indoor thin quality in the prep.rty7 „Yea I
ale (e) Other then gonand he„ had,old coaxing, have you taken any of ris to control or aesterlista "sold or mold-like substances in the a,a
717 pnoperW7 Ya -?K No m
zta Nam a aWw. lnith"mis aver be qV ctsd4rPwntlyl or no al all, by retold eonta,winwtan. J f rmWd ooruawbratlwn or irrderor alt gwal- tat
en try is a comsat, Ayers ohs ~-Mad to #VW the as --w of a gw 1#%ed pro*.sstanal to do rattwa Alformorlorr an this Awe if 211
ere available jfpm the United Stelae Ekvfir~NW Pmseetlon Ageney and sway be obtained by waractiRg IAQ INFO PQ. Ma 57133, al0
at
MM I9'ashkgom D.C 200.1J-7133.1411M43845141.
IM (f) Am you aware of any dumping an the yv4wty? _____ Yes x No ?
tas (8) Have you received erricren vwbf s ing the ph Kim of an environmental hass,d or bloharard an your property or any in
u' adiaoeat propergri Yea 1No 11v
rt1 (b) Are you swam of arty tettx far radon Vp that hum been performed in achy buildings on the property'/ Yea - No sti
If Ilya," list duoo, type, and mmlis of all tats below: 171
za DATE Tvre or Tarr RMMTS (piwoud"Ailar or wonting levels) NAME or Trsnr?o Sxmce 7th
M m
to to
ere (i) Ara you swans of spy 1001) removal aYMM on the ptaperty't Ya No tso
nl 1f "yos," tint dom indallod and. typo of symn, and w iletltor k Is its working order bekn r_ ns
ne UArx IMM .Lilo TYn OP Svtrnae Pa(vmen WoRmNo ORnert7 111
tp Yea No air
z? r Yea No ere
am If property was oott.9truvvd, or If Garl.7tralmion began, bofum 1978. you meat dlncloev coq knowiedgp of lad-booed paint en tho sec
ere property. Arc you aware of my load-based paint or losd•boeod paint hat" nn an property? _ Yea -X No m
11r if "yes.- explain haw you know of it. wham it is, and the eon0m of, than Icad-based paint suahca: ter)
to as
sn (k) IT. pmpurty was watnscted. or if COnat w1on began, belbre 1978. you nowt disclose lops tepOfla or records o(lead-based palat at
no or lead-Hod paint hoxvds on rho property-Are you awar,a of any reports or records tegardind land-based point or lead-based paint am
211 hazards on the property? Yes No sr+
If "yes," list all available reports and Coot 8: tt:
20 Buyer btttlab: Date SPD Page 4 of 5 9NlW Ittftiatrr: Ji?. Dote m
JWW-?-
144 (),) Are you aware of testing on the property for any other haaaardoue substanocs or environmental coomms Yet No 244
20 y (rn) Are you aware of of arty other hazardous wbstances or c ovironmel tl ooncarns that might impact upon the property? 20
216 Yoe No 211
N1 Explain any ..yell" answers in this section: 341
241 tM
212 211
rsa
ws 18. CONDOMINIUMS AND OTRER HOMEOW14.61t ASSOCIATIONS (Complete only If applicWme)
211
¦t
M Type: Casrduminlum CoaparathM _ Homeowner Association or Planned Community at
tan Other' 710
:0 Nodee rwr&Ws ('emliieardebeam. Csapaatiaa. OW Plewnerf CofnlwMMas: A blow of a resak vnk In a condomdntum. cooperw as
265 live, or planned commlatNy mwt reveive a copy of the dtelaroWn (odwr rhm ihr plats and plans), the by-lwwe. Aw rukw or r r der- ran
no near, and a wtoeatir of Parole Anued by the associarion in the condominium, cooperative. or planned cony- are
2W mw?ity. Buyers may be rooponsib/e for capUal contri6nfiant. inttlafion f M or similar omr-tome feu In od rion to regular monthly air
739 Maintenance *key. The buyer will haver (hit Ojttiorr of 0w4eling me g7ft mertl with the return of all *PaTil mottles until the Carlo- n1
216 cote her been provided to dt7 bsryier and f iw f l w Aw Aerswf ter or saidt canygmce, vAic4lievrr nmows f nt. aw
tee 119_ M1111CEW..ANIICOUS a0
Mr (a) Are you aware of any historic preservation reatrictlon or ordinance or archonlogical denignation asnooieood with the propertyl an
V
26r Yoe No
M (b) Are you aware of my exisft r, or thmsteaed legal action alraeting the pmpc tyy Yee --4_ No W
m
a+ (c) Arc you awaat of say violations of firdotsl, state, or local lawn or Mplatio s rt)ating io ddo propor ry? _ Yee _,,Y_- No 114
M (d) Are you aware of airy public I mprovctttest, eorsdotnlahtm or homeowner association awassmmb against the property that rusain m
tee unpaid or of any violations of zoning, housW% bullding, safety or lire ordinances that remain uworeucW7 __ _ Yu ? No art
(a) Are you aware of say judgment, oneuftbranoe. licit (the sumrpbk co-malts or equity loot), ovaedue pttymeat oa a supportobli• sir
no gsdm4 or otber debt spinet this pvparty that eenmot be satisfied by the preeosde ofthlo asls? _ Yea -X_ No tN
sw (f) Arc you aware of say am=t including a do(tx t in title, flat would peeve nt you Rom giving a wo tardy deed or conveying title to an m
m propaty? Yea _)? No m
271 (g) Are you aware of ary issaura0os elsimv filed Mad"ll to the property? Yes -K No XM
277 (h) Are you aware of a" teterial dofbets to the property, dwelling, or fnctrtrea which ate not disclosed alsewhate on this form? rM
we Yee -1 No M
nt A material defect in a prvWan with a residential real property Or any portion of it that would have a signitlemd adverse irtlpsd rN
art on Site value of rho property or that involves an unwasonabk risk to people an the property. Tit Got that a shudufal element w
as syRom or subsystem is at or beyond the end of the normal uotfdl lift of arch a 1truckind elaenent, systom or subsystem is not by m
err itself a material defect v
rat Bspldo any "Yee" anewwo In this seller. rn
ale
I The underoiVed 9`0116+ r1lPrr AIM that the iafonnatioa set ltllti4 Is thhis dbdMrs etateaua t Is secant sued coaupMte to the but "
xei of Seller's losowl kills. sager bereby euatberiaea the Listing Broker to provide title ireformlive to prreoective buyers aide pimp.
212 erty and hr ether red aster t tkennm& SELLER ALONIt 13 RE9PONS®>l.fi FOR THE ACCURACY OF THE iMTORMA7110N a
w CONTAINL?D IN THIS STATEMENT, Seller shall cutest Buyer to be notified in wx1ting ora1O Milm nation sepplkd an this forma to
M which h rendered i «nrate - sage to the condition of tbKJ!Prty J N of this tercel u
21s WI17!1Tr6S SELLER DA78? s
6s WITNESS SEMER DATE m
207 wrrNWRIQ REI.1LIM DATE e
p.m
V
in
211
2st
Let
M
2%
zm
tot
2v+
zee
tea
zoo
30r
ExECUTOA. AU MiMSTRATOR, TRUSTEE SIONATURK BLOCK
According to rho pswisions of the Rog Emiate Seller Dinciumm Law. the unidevvignod wwcutor, administrator or bustea Is not r"Wred
to fill out a Seller's P wport<y Disclosure Statement. The executor, administrator rrr truates, must, however, disclose arty known maoc.-
rial defect(s) of the property.
DATL
RE Zfn AND ACKNOWI.EDCEVWr BY BUYER
The rtldersigmA Boyar acknowledges VOIR pt of !toil Dlaedaulrt Sestenseat. Boyer ackmovoWler that this Stowmant IS not a
warranty rod cleat, sales. stMM atbetwNe its eke.alt!t eostrat t; sYyer Is pslrehastn` tish pmpwty to Us proselet ennditiols. It
is aoyor's renlinna lllty to satisfy hinaoU or ieorself its to the adlilan o/the property. n"W may tlgaaat float the Property
Ate inspected, at %ysr's cxpatae a by queow pr erswlsa seta it ' a of the strteteretor No eonapeuasta.
WnWrM bUYiR DAvzli-1 -0 -Ift WITNESS MM DATE ,a
WlTNE88 ZVI 1:UYER DAn
SPD r"t b of .%
s
n
r
b
Y
r
2
t
s
t
s
CERTIFICATE OF SERVICE
I, Andrew T. Kravitz, an employee of Owens Barcavage & McInroy, LLC, do hereby
certify that on this ? day of July, 2011, I served a copy of the foregoing document via
Certified and First Class United States mail, postage prepaid as follows:
Anthony W. Ritter
3214 Crest Road
Harrisburg, PA 17109
Matthew M. Haar, Esquire
SAUL EWING, LLP
Penn National Insurance Plaza
2 North Second Street, 7th Floor
Harrisburg, PA 17101
Attorney for Janet Rouen, Jack Gaughen ERA, and NRT, LLC
William J. Livingston
Livingston & MaGilton Realtors
2941 N. Front Street
Harrisburg, PA 17110
Livingston & MaGilton Realtors
2941 N. Front Street
Harrisburg, PA 17110
B&T Inspections, Inc.
2843 North Front Street
Harrisburg, PA 17110
VERIFICATION
The undersigned hereby verifies that the statements in the foregoing document are based
upon information which has been furnished to counsel by Plaintiffs and information which has
been gathered by counsel in the preparation of this lawsuit. Plaintiffs' verifications cannot be
obtained within the time allowed for filing the Amended Complaint. The undersigned also
understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unswom falsification to authorities.
Date:
Matthew M. Haar (85688)
Emily H. Bensinger (205919)
Saul Ewing LLP
2 N. Second Street, 7th Floor
Harrisburg, PA 17101
mhaar@saul.com - 717-257-7508
ebensinger@saul.com - 717-257-7576
Attorneys for Defendants Jack Gaughen
ERA, NRT, LLC, and Janet Rouen
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
V.
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, Janet Rouen,
Defendants,
V.
William J. Livingston, Livingston &
MaGilton Realtors, and B & T Inspections,
Inc.,
Additional Defendants.
cz, a
M-
C
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No.2011-3635-cv
JURY TRIAL DEMANDED
PRAECIPE FOR REISSUANCE OF WRIT TO JOIN ADDITIONAL DEFENDANT
173633.1 8/3/11
410.00 PO A-rl'*'?
??109585
TO THE PROTHONOTARY:
Please reissue a Writ of Summons joining B & T Inspections, Inc. as an
Additional Defendant in the above-captioned case.
Date: August 3, 2011
Matthew "aar, E (85688)
Emily H. finger, sq. (205919)
Saul Ewing LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
717-257-7508 - mhaar@saul.com
717-257-7576 - ebensinger@saul.com
Attorneys for Defendants Jack Gaughen
ERA, NRT, LLC and Janet Rouen
173633.1 8/3/11
-2-
CERTIFICATE OF SERVICE
I hereby certify that on August 3, 2011, I served a true and correct copy of the
foregoing Praecipe to Reissue Writ to Join Additional Defendant upon the following counsel and
parties by first class mail, postage prepaid:
Andrew T. Kravitz, Esquire
Owens Barcavage and McInroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
William J. Livingston
2941 North Front Street
Harrisburg, PA 17110
Livingston & MaGilton Realtors
2941 North Front Street
Harrisburg, PA 17110
173633.1 813/11
s
Wayne J. Wrightstone and
Angela B. Wrightstone,
Plaintiffs,
V.
Anthony Ritter, Jack Gaughen ERA
NRT, LLC, Janet Rouen,
Defendants,
V.
William J. Livingston and Livingston &
MaGilton Realtors,
2941 North Front Street
Harrisburg, PA 17110,
and
B & T Inspections, Inc.,
2843 North Front Street
Harrisburg, PA 17110,
Additional Defendants.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
No. 2011-3635-cv
JURY TRIAL DEMANDED
'Reissued
WRIT OF SUMMONS
TO: B & T Inspections, Inc.
YOU ARE HEREBY NOTIFIED THAT DEFENDANTS JACK GAUGHEN ERA,
NRT, LLC, AND JANET ROUEN HAVE COMMENCED AN ACTION AGAINST YOU IN
THE ABOVE-CAPTIONED MATTER.
SEAL OF COURT
Date: 2011 Prothonotary
?.
172464.1 6/30/11
8/,s/u
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2011, I served a true and correct copy of the
foregoing Praecipe for Writ to Join Additional Defendant upon the following counsel by first
class mail, postage prepaid:
Andrew T. Kravitz, Esquire
Owens Barcavage and Mclnroy, LLC
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
Attorneys for Plaintiffs
Anthony Ritter
3214 Crest Road
Harrisburg, PA 17109
AZ
Emily H. B
172464.1 6/30/11
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
-4 ?Oov ui tuni?rr{14
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
7.011 AUG2 -S P 1' 2: t,
LIMBERLAl'iD GIU+ .E""
PEW4SYLVAWA
Wayne J. Wrightstone (et al.) I case numver
vs. 2011-3635
Jack Gaughen ERA (et al.)
SHERIFF'S RETURN OF SERVICE
Inc. that he made a diligent search
07/18/2011 Ronny R, Anderson, y for he within named defendant to wit B & T according to law states
and but was unable to locate them
inquiry for t
in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Writ of Summons according to law.
07/26/2011 Dauphin County Return: And now, July 26, 2011 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for B & T Inspections,
Inc. the defendant named in the within Writ of Summons and that I am unable to find them in the County
of Dauphin an atherefore 43 N. Front Street, Harr sburg, Pennsylvania 17110vised B & T Inspections, Inc. is no
longer located
SHERIFF COST: $28.00
August 02, 2011
SO ANSWERS,
4RON ANDERSON, SHERIFF
James L. Goldsmith, Esquire i L P 0 T 1- 0N0TAR
Attorney I.D. #27115 '20 11 Caldwell & Kearns'?)? Z ?? ?? L
3631 North Front Street CUMBERLAND COUNTY
Harrisburg, PA 17110 PENNSYLVANIA
(717) 232-7661
(717) 232-2766 (fax)
Attorneys for William J Livin-aston and Livingston & MaGilton Realtors
WAYNE J. WRIGHTSTONE and IN THE COURT OF COMMON PLEAS
ANGELA B. WRIGHTSTONE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs, :
V. : No. 2011-3635-CV
ANTHONY RITTER, JACK GAUGHEN
ERA, NRT, LLC, JANET ROUEN,
Defendants, : Civil Action-Law
WILLIAM J. LIVINGSTON, : Jury Trial Demanded
LIVINGSTON & MAGILTON
REALTORS and B&T INSPECTIONS, INC.,
Additional Defendants :
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Additional Defendants William J. Livingston
and Livingston & MaGilton Realtors in the above-captioned matter.
Respectfully submitted,
CALDWELL & KEARNS
Dated: August 18, 2011 By:
Ees L. Idsmith, Es ire
rn D #27115
WELL & KEA
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
jgoldsmith@caldwellkeams.com
Attorneys for Defendants William J. Livingston
and Livingston & MaGilton Realtors
CERTIFICATE OF SERVICE
AND NOW, this 18th day of August, 2011, I hereby certify that I have served a copy
of the within document on the following by depositing a true and correct copy of the same in the
U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Stephen J. Barcavage, Esq.
Andrew T. Kravitz, Esq.
Owens Barcavage & McInroy, LLC
2000 Linglestown Road, Suite 303
Harrisburg PA 17110
Counsel for Plaintiffs
Matthew M. Haar, Esq.
Emily H. Bensinger, Esq.
Saul Ewing, LLP
2 North Second Street, 7th Floor
Harrisburg, PA 17101
Counsel for Defendants Jack Gaughen, ERA
NR T, LLC and Janet Rouen
Anthony Ritter
3214 Crest Road
Harrisburg PA 17109
Defendant
B&T Inspections
C/O Ray Remsnyder
2843 North Front Street
Harrisburg PA 17110
Additional Defendant
CALDWELL & KEARNS
By:
06246-025/180752
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
??y??icr at tarinGFP1???4
OFF?C; s F NE 5 ERIFF
FILED-OFFICE
OF THE PROTHONOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2011 AUG 29 AM 8-- 32
CUMBERLAND COUNTY
PENNSYLVANIA
Wayne J. Wrightstone (et al.)
vs.
Jack Gaughen ERA (et al.)
Case Number
2011-3635
SHERIFF'S RETURN OF SERVICE
08/05/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: B & T Inspections, Inc., but was unable to locate them
in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ o
Summons according to law.
08/17/2011 12:03 PM - York County Return: And now August 17, 2011 at 1203 hours I, Richard P. Keuerleber, Sherif
of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of
Summons, upon the within named defendant, to wit: B & T Inspections, Inc. by making known unto
James Tillery, adult in charge for B & T Inspections, Inc. at 1399 County Line Road, York Springs,
Pennsylvania 17372 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $37.00
August 25, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
iG) GountySuile Sheriff, Teieoso4 Inr,.
SHERIFF'S OFFICE OF YORK COUNTY
Richard P-Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
WAYNE J. WRIGHTSTONE ET AL
vs.
ANTHONY RITTER ET AL (et al.)
Case Number
2011-3635-cv
SHERIFF'S RETURN OF SERVICE
08/17/2011 12:03 PM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED REISSUED WRIT OF SUMMONS (WOSM) AND PRAECIPE FOR REISSUANCE OF
WRIT TO JOIN ADDITIONAL DEFENDANT (WTJAD) BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE JAMES TILLERY, WHO ACCEPTED AS "ADULT PERSON IN
CHARGE" FOR B & T INSPECTIONS, INC. AT 1399 COUNTY LINE ROAD, YORK SPRINGS, PA
17372. - - ---
SHERIFF COST: $46.87
August 18, 2011
---------------- ------------------------------------------------- ------
NOTARY
Affirmed and subscribed to before me this
18TH day of
AUGUST 2011
(c) CountySuite Sheriff, Teleosofl
R DEPUTY
SO ANSWERS,
RICHARD I UE LEBER, S RIFF
COMMONWEALTH OF PeWGnVMIA
Notedal Seel
Krl" Sternb"h, Notary Public
CRY of York, York County
CAlrlrnOM Me 1y 2b15
Meow. AMU== Qlr?
BY: Andrew T. Kravitz, Esquire
Attorney LD. No. 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
Attorney for Plaintiffs
riF1 LEO -G
tYt P'
THONG 4
•
2811 SEP 15 PM1: 53
-;CUNBERL AND
/ COUNTY
,PONS yt, NIA
WAYNE J. WRIGHTSTONE AND :
ANGELA B. WRIGHTSTONE, :
Plaintiffs
v.
ANTHONY. RITTER
JACK GAUGHEN ERA,
NRT, LLC, JANET ROUEN,
Defendants
TO THE COURT:
•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-3635 CIVIL
CIVIL ACTION — LAW
JURY TRIAL DEMANDED
STATEMENT OF INTENTION TO PROCEED
Plaintiffs, Wayne J. Wrightstone and Angela B. Wrightstone, intend to proceed with the
above captioned matter.
DATE: 610?? -
BY:
ew T. Kravitz, Esquire
ID# 80142
2595 Interstate Drive, Suite 101
Harrisburg, PA 17110
(717) 909-2500
CERTIFICATE OF SERVICE
I, Sunni Elmore, Esquire, an employee of the Law Offices of Matthew L. Owens, Esquire
LLC, do hereby certify that on this day of September, 2014, I served a copy of the
foregoing document via First Class United States mail, postage prepaid as follows:
Ralph H. Wright, Jr., Esquire
Johnson, Duffie, Stewart & Weidner, P.C.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Matthew Haar, Esquire
Saul Ewing LLP
Penn National Insurance Plaza 2 North Second Street,
7th Floor
Harrisburg, PA 17109-1619
Date:
Ray Remsnyder
B&T Home Inspections, Inc.
2843 North Front Street
Harrisburg, PA 17110
Sunni Elmore