Loading...
HomeMy WebLinkAbout11-5276COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 0 (.(Pi,ar PGtl1 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ii - ?a?ice (2 t y i li' &01 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Districtljustice on the date and,in the case ref rence4 below. I left jet-, _f J"rz NAME OF APPELLANT MAG. WT. NO. NAME OF D.J. .5-ZZ7-o UA,t01'JUU(iMENI mik'Sh?ee t` one .:ro c*OU,5 vs. Pokert ?'afhleeo S/)ollet DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT r JA_- V - 00 00 /'_15' 10 .._ / f 'Y X. , 041?6 l l a, r7 -'7 CT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1DO8B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sown- or Proft-twy -D" was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Ju ice, A COM PLAINT MUS1 BE FILED within twenty ` i,, (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint ip this appeal s Name of appellee(s) r (Common Pleas No. ) within twenty (20) days after service of rule or suer entry of judgment-of non pros. r Signature of appellant or attomey or agent RULE: To , appellee(s) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon yw by frsortal service or by certified or registered mail. -w (2) , ti y8it dow tpt`fiI64'gt*gpIaI nt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. ()fne a olyerylcef tMsrule if service was by mall is the date of the mailing. , Dated ? .?. 1 U!6 of Photllonotary or Deputy YOU MUST Il?it A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE OF TH8 Pao yea , aR ear r _6 PH 126 CUP LAND COWM' -VANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA H OF PENNSYLVANIA COUNTY OF Q Ljrn?.. ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ?.. a copy of the Notice of Appeal, Common Pleas J. 5:2 '74, upon the District Justice designated therein on (date of service) ,u ?? 6, 20 ? by personal service a by (certified) (fegistww) mail, sender's receipt attached hereto, and upon the appellee, (name) J?Ab. . t lfA4L(*,&,> A*jjL , on l G 20 j t ? by personal service Jd by (certified) (regiat'ffl ) ail, sender' receipt attached hereto. )RN (AFFIRMED) AN SUBSCRIBED BEFORE ME ?? j e ?, AY 20 u Z Z 4A Jno ? , rgn sure of affiant h 1k ?_1 - ire of official before whom a da it was de Title of official My commission expires o 20A '!D,. COMMONWEALTH OF PENNSYLVANIA Notarial SOW Terree L. Knight, Notary Public Lemoyne Boro, Cumberland County ,My Commission Expires July 18, 2013 ;Aar yr, Pdn ksyh+as?'M aaociation of RotlrIcs 4 r Postal S ervice CERTIFIED MAIL RECEIPT (Domestic Provided) M , ,. Ma, a rti M Postage $ ri Certified Fee p¢stmark M Return Receipt Fee v?Tiler? O (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) 0 r_1 ZI ! YVl? r R Total Postage & Fees $ t I a O rq Sent To I{5 ALAmfti Q -!.--o !. - --- . -. p . Sireet,Apt. No.; otde T/LC wne_ (prv?mon$ or PO Box No. S ? L ? -3++r i1 qf3 F9f1 Q Postal Service CERTIFIED MAILI RECEIPT jDamestic Mail Onl y; No Insurance Coverage Provided) M 0 - r m Postage $ #x,85 11 Certified Fee 0. 30 0 O Return Receipt Fee (Endorsement Required) i Postma ? He p Restricted Delivery Fee (Endorsement Required) C. 2011 r? i rf Total Postage & Fees i'- r-l o Sent To s?,eBF,-Apt. - -? beXf. . Q- .1 h l ?tn h a l lei orPOBoxN-- ca _ 1 ! L I -X 55 lpoi P JUL 20 CUMB RLku'D CC, r R y. PENnsYLVtA,jj'] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHOLLEY KATHLEEN SHOLLEY No. 2011-5276 PLAINTIFFS V. MICHAEL SHEELY d/b/a MIKE SHEELY CIVIL ACTION HOME INSPECTIONS NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of The Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of The Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT SHOLLEY KATHLEEN SHOLLEY PLAINTIFFS v. MICHAEL SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS COMPLAINT 1. 2. 3. 4. 5. 6 7. 8. 9. 10 No. 2011-5276 CIVIL ACTION Plaintiffs are Robert Sholley and Kathleen Sholley, husband and wife, who reside at 3 Argali Lane, Mechanicsburg, PA 17055. The Defendant is Michael Sheely d/b/a Mike Sheely Home Inspections, an adult individual residing at 1000 Wolfe Road, Enola, PA 17025. On or about August 3, 2010, Plaintiffs engaged the Defendant to perform a whole house inspection of 3 Argali Lane, Mechanicsburg, PA 1.7055. The Defendant allegedly performed the inspection on or about August 6, 2010. (Exhibit A) Defendant demanded pre-payment and was paid the sum of $395.00 on August 4, 2010. The property was sold to Plaintiffs on or about September 1, 2010. The Defendant did not warn the Plaintiffs prior to the settlement that the property had a number of substantial defects. Not hearing of any problems, Plaintiffs believed that it was appropriate for the sales transaction to take place. Approximately two weeks after closing, Plaintiffs received a copy of the attached report. In the interim, Plaintiffs discovered a number of significant problems with their purchase; to wit: A. Though the water pressure was well above the norm, the defendant represented that the system was "serviceable". B. There was evidence of water leakage under the sink and a shut-off valve that was not operational. 11. Plaintiffs then hired Jeffrey A. Wilbur Plumbing & Heating, Inc., to re-inspect the home. 12. The Wilbur report is attached as Exhibit B. 13. As a result of the problems set forth in the Wilbur report, Plaintiffs became obligated to expend $4794.65 in repair work as is set forth in Exhibit B. 14. The Defendant knew or should have known the date chosen for the closing. WHEREFORE, Plaintiffs pray the court to enter judgment in their favor for the cost of the inspection and the cost of the repairs. Respectfully submitted, Dated: 7/12/2011 Attorney for Plaintiffs Joseph C. Korsak, Esquire Law Office of Joseph C. Korsak 33 North Queen Street York, PA 17403 (717) 854-3175 I.D. No. 22233 VERIFICATION I do hereby verify that the statement(s) made in the foregoing instrument is/are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 7- Z.- 1 Robert Sholley VERIFICATION I do hereby verify that the statement(s) made in the foregoing instrument is/are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 7-UL- l ( I athleen Sholley i INSPECTION AGREEMENT - STANDARD THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS AN ARBITRATION CLAUSE 0 0 a Y cam` I (Client) hereby request a limited visual inspection of the structure at the address identified on page 2 of this contract, for my sole use an benefit. I warrant that I will read the following agreement carefully. I understand that I am bound by all the terms of this contract. I furthe warrant that I will read the entire inspection report when I receive it and promptly call the Inspector with any questions I may have. Scope of Inspection The scope of the inspection and report is a limited visual inspection of the readily accessible general systems and components of the home identify any system or component listed in the report which maybe in need of immediate major repair. The inspection will be performed compliance with generally accepted standards of practice, a copy of which is available upon request or included with this report. The scope the inspection is limited to the items listed within the report pages INDICATED AS INCLUDED on the bottom of the Key page. The repc contains technical information. If you will not be present during the inspection please call our office to arrange for a verbal consultatic with the Inspector. If you choose not to consult with the Inspector, this inspection company cannot be held liable for your understanding misunderstanding of the inspection report's contents. Outside the Scope of Inspection Any area which is not exposed to view is concealed, or is inaccessible because of soil, walls, floors, carpets, ceilings, furnishing, or any oth thing is not included in this inspection. The inspection does not include any destructive testing or dismantling. Client agrees to assume all the risk for all conditions which a concealed from view at the time of the inspection. Client acknowledges what is being contracted for is a building inspection and not environmental evaluation. The inspection is not intended to detect, identify or disclose any health or environmental concerns regarding tl building(s) and/or adjacent property, including, but not limited to, the presence of asbestos, radon, lead, urea-formaldehyde, fungi, mol mildew, animals, bio-organic growth, PCBs, or any other toxic materials or substances contained in the water, air, soils, or building materie or products. Whether or not they are concealed, the following ARE OUTSIDE THE SCOPE OF THIS INSPECTION: • Building code or zoning ordinance violations or compliance with current code requirements. Geological stability or soils conditions. • Structural stability or engineering analysis. • Termites, pests or other wood destroying organisms and related damage. • Asbestos, mold, fungi, bio-organic growth, radon, formaldehyde, lead, water or air quality, electromagnetic radiation or any other environmental hazards. • Building value appraisal or repair cost estimates and/or methods. • Condition of detached buildings. • Pools or spas bodies and underground piping. • Specific components noted as being excluded on the individual system inspection forms. • Private water or private sewage systems. • Saunas, steam baths, and their related fixtures and equipment. • Radio-controlled devices, automatic gates, elevators, lifts, dumbwaiters and thermostatic or time clock controls. • Water softener / purifier systems or solar heating systems. • Furnace heat exchangers, freestanding appliances, security alarms low-voltage signal systems (such as phone and cable television) or personal property. • Adequacy, strength or efficiency of any system or component and causes of any deficiencies. • Prediction of life expectancy of any item, future conditions or operating costs. • Building permits and identification of modifications/additions • Inside of any piping or any underground piping or components, including, but not limited to, Underground Storage Tanks. • Advisability of purchase of the property. • Acoustical properties of the building or any perceived noise conditions. • Effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances. (Some of the above items may be included in this inspection for additional fees - check with your Inspector) This is not a home warranty, guarantee, insurance policy or substitute for real estate transfer disclosures which may be required by law. Your Inspector is a home inspection generalist and is not acting as a licensed engineer or expert in any construction craft or trade. The Inspect( may possess licenses or certifications in related professions such as contractor, engineer, termite or mold. Client understands the Inspector performing this inspection as a Home Inspector per local standards and not acting in any other professional capacity including, but not limite to, those listed above. If your Inspector recommends consulting other specialized experts, Client must do so at Client's expense, and Client advised to do so prior to the close of transaction. Client accepts all responsibility for failure to act on Inspector's recommendations. If there ai water leaks, damage, stains or musty smells reported by the Inspector and/or detected by the Client the Inspector recommends evaluation by mold specialist prior to completion of the transaction. Continued on backsic, KAPLAN PROFESSIONAL SCHOOLS 1-800-323-9235 / www.inspectionreport.com C 1997-?007 DF Institute, Inc. Reproduction or utilization of this report without written authorization by DF Institute, Inc., is not permitted. ISBN OX<HFI0101 CONFIDENTIAL REPORT: The inspection report piepared for Client is solely and exclusively {- Client's own information and may not be relied upon by any other person. Client agrees to maintain the confidcntiality of the inspectior_ )rt and agrees not to disclose any part of it to any other person. Client may distribute copies of the inspection report to the seller and the real estate agents directly involved in this transaction, but said persons are not specifically intended beneficiaries of this Agreement or the inspection report. Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the inspection report. Client agrees to indemnify, defend, and hold Inspector harmless from any third party claims arising out of Client's unauthorized distribution of the inspection report. SEVERABILITY: Client and Inspector agree that should a Court of Competent Jurisdiction determine and declare that any portion of this contract is void, voidable or unenforceable, the remaining provisions and portions shall remain in full force and effect. INTEGRATION: This agreement contains the entire integrated agreement of the parties hereto and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to this subject matter. No changes or modifications of this agreement are enforceable unless agreed to in uniting signed by both parties. DISPUTES: Client understands and agrees that any claim for failure to accurately report the visually discernible conditions at the Subject Property, as limited herein above, shall be made in writing and reported to the Inspector within ten business days of discovery. Client further agrees that, with the exception of emergency conditions, Client or Client's agents, employees or independent contractors, will make no alterations, modifications or :repairs to the claimed discrepancy prior to a reinspection by the Inspector. Client understands and agrees that any failure to notify the Inspector as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question. Any legal action must be initiated within one (1) year from the date of the inspection. Failure to initiate said action within one (1) year of the date of the inspection is a full and complete waiver of any rights, actions or causes of actions that may have arisen there from. This time period may be shorter than otherwise provided for by law. Limitation on Liability and Liquidated Damages THE INSPECTOR'S LIABILITY FOR ANY CLAIMS MADE BY THE CLIENT ARISING OUT OF THE SUBJECT INSPECTION REPORT AND OTHER ACTIVITIES COVERED BY THIS CONTRACT IS LIMITED TO THE AMOUNT OF THE FEE PAID FOR THE INSPECTION. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATIONS, CONCEALMENT, VIOLATION OF A STATUTE, NEGLIGENCE PER SE AND ANY OTHER CLAIM BROUGHT BY CLIENT. THIS LIMITATION IS BINDING ON THE CLIENT, AND ANY ASSIGNEES, AGENTS, PRINCIPALS, SPOUSES, HEIRS AND OTHERS ACTING ON BEHALF OR THROUGH THE CLIENT AND IT APPLIES TO THE INSPECTOR, INSPECTOR'S AGENTS AND EMPLOYEES, AND INSPECTOR'S PRINCIPAL. ARBITRATION Any dispute, controversy, interpretation or claim including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation or any other theory of liability arising out of, from or related to this contract or arising out of, from or related to the inspection or inspection report shall be submitted to final and binding arbitration under the rules and procedures of the Expedited Arbitration of Home Inspection Disputes of Construction Arbitration Services, Inc. or The decision of the arbitrator appointed shall be final and binding and judgment on the award may be entered in any court of competent jurisdiction. CLIENT INITIALS X Property Address: LIMITED LIABILITY INSPECTION f FEE $ FEE $ { FEE $ Report#: Client: TOTAL INSPECTION FEE $ N Payment type: ? Check 0 Cash O-A zgfL By signing below Client and Inspector acknowledge that they have read, understand and agree to the scope of the inspection and agree to all of the terms and conditions of this contract. Client also agrees to pay the fees listed above. (one signature binds all) Inspector: Inspector certificate/license # (if Dated: Dated: Expiration i 2 P L U M B? N ID REPORT KEY-EVALUATIONS RECOMMENDED IN THE REPORT SHOULD BE COMPLETED PRIOR TO THE END OF CONTINGENCY PERIOD/ TRANSACTION (1) Recommend evaluation by a structural/geotechnical engineer (4) This item is a safety hazard - correction is needed (2) Recommend evaluation and repairs by a qualified professional (5) Upgrades are recommended for safety enhancement (3) Recommend evaluation and repairs for wood destroying organisms * This item requires monitoring and/or maintenance repairs by a qualified professional N/A = Not Applicable ? N/A ? Slur Hmrd Comments: Cop ualvanized / Plastic / Lead O [dot Visibip -.Cannot Determine CIA A-J ? Below 30 PS , Above SO PSI (2) O Size: J, Pressure: ? Deterioration / Damage /Not functional/ Unsafe/ Near end of lifespan (2) ? Main valve location: ? Main valve not: located/ operated/ accessible* ? Not fully visible ? Water softener installed - (water condition / quality not tested) ? Valve / Handle: broken / missing / leaks* ? Excessive corrosion on valve (2) ? Copper not protected from concrete* WN 11 .. ? N/A Copper "alvanized / Plastic / Lead O Not Visible -Cannot Determine _. \ N?Appwm ,Self Ambb Deterioration / Damage / Not functional / Unsafe / Near end of lifespan (2Xroises Not fully visible ? Rust / Corrosion: minor* / moderate / major (2) ? Improper materials (2) ? Un (2) ? Cross connection present ?@(°r?? t ° ??? ? Flow restriction when using multiple fixtures is: minor / moderate* / major (2) ? Pipes lack proper support (2) ? SEW mmird ? Copper and galvanized contact (2) ? Pipe insulation recommended* ? Evidence of prior repairs* Comments: Notice: Underground pipes or pipes inside walls cannot be judged for sizing, leaks or corrosion. Water quality testing ortesting forhazards such as lead is notport of the inspection. Be advised that some "Polybutylene"piping systems have experienced documented problems. Contact the manufacturer or an expertfor further information and evaluations. ? N/A O Cast Iron / Galvanized / Copper / Lead Plastic O Not Visible -Cannot Determine Qn SerAc mole ? Deterioration / Damage / Not functional / Unsafe / Near end of lifespan (2)Not fully visible El Rust / Corrosion: minor* / moderate / major (2) El Leaks (2) ? Evidence of pr or repairs* ? Pipes lack proper support (2 n IftX W Ewm nCn)C d d ? Main cleanout not located* ? Trap / Vent: improper / not visible (2) ? Improper: installation / materials (2) ? SZW Hmvd ? Slow / blocked drain at: (2) ? Vent: missing / terminates improperly (2) Commen Notice: City sewer service, septic systems and all underground pipes are nota part of this inspection. Future drainage performance is also not determined. Y/A Shutoff Valve Location: Gas meter / Oil Tank / LPG Tank ? Apu9'S smocubW ? Fuel system not on for inspection - suggest utilities company light and test appliances* ? Deterioration /Damage/ Not functional/ Unsafe/ Near end of lifespan (2) ? Not fully visible ? Q@(b? Q° ??@?d ? Rust/ Corrosion: minor /moderate/ major (2) ? Evidence of prior repairs* ? saw Hmmud ? Leak / Improper piping at: (2)(4) ? No shutoff valve at: (2)(4) ? Improper: installation / materials (2) ? Pipes lack proper support (2) ? Pipes too close to grade (2) Comments: Notice: Underground pipes and fuel tanks cannot be judged. Pipes inside walls or pipes concealed from view cannot be judged and the inspector does not perform tests for gas leaks orpipe sizing. 26 Water Heater '" 'Z ? N/A ` UnitA Location: Gallons: O Tankless XGas/Propan Electric it/Solar Unit B Location: O Gallons: O Tankless O Gas/Propane/E ecinc/Oil/Solar Unit C Location: O Gallons: O Tankless O Gas/Propane/Electric/Oil/Solar G3a?nc??d? El Gs@WM ? M1 l?? ? Deterioration / Damage / Not functional / Unsafe / Near end of lifespan (2) A B C ? Not fully visible (2) A B ? Not 18" above floor in garage (2) (4) A B C El No drip leg on gas line* N/A A B C Combustion air supply: N/A B C ? Blocked/ not provided (2) (4) A B C ? Rust flakes in burner chamber* A B C ? Improper burner flame )BC ? Heater leaks: gas /oil /water (2) A B C ? Water / Gas shutoff valve: missing / broken / leaks (2) A B C ? Pipes / Valve / Tank: rust / corrosion* A B C ? TPR valve: missing / leaks (2) A B C ? TPR pipe: improper type / reduced / missing / short / capped / unsafe termination / improper slope (2) A B C ? Missing catch pLN drain to exterior* A B C ? Recommend protection from damage* A B C ? Enclosure / Door: missing / damaged* A B C Vent flue pipe at: A B C ? Appears serviceable A B C ? Damaged / disconnected / loose / missing / backdrafting / improper rise (2)(4) A B C flue pipe lacks clearance to combustible materials (2)(4) A B C ? Improper rise:run ratio (2) A B C Seismic straps ? Appear serviceable A B C ? Improper type / Improper installation / Missing (4) A B C Comments: Notice: Estimote of remaining life is not part of this inspection. Solar heating systems are notpart of this inspection. Hot water recirculation pumps/systems are not part of this inspection. KAPLAN PROFESSIONAL SCHOOLS o 1-800-323-9235 / www.inspectionreport.com I © 1997-2007 DF Institute, Inc. Reproduction or utilization of this report without written authorization by DF Institute, Inc., is not permitted. N, E 13 REPORT KEY-EVALUATIONS RECOMMENDED IN THE REPORT SHOULD BE COMPLETED PRIOR TO THE END OF CONTINGENCY PERIOD/ TRANSACTION (1) Recommend evaluation by a structural/geotechnical engineer (4) This item is a safety hazard - correction is needed (2) Recommend evaluation and repairs by a qualified professional (S) Upgrades are recommended for safety enhancement (3) Recommend evaluation and repairs for wood destroying organisms * This item requires monitoring and/or maintenance repairs by a qualified professional N/A = Not Applicable f-y?s / KAPL, N PROFESS 10NfAL SCHOOLS r t-800-323-9235 / wvrw.hispec+ionreport.cont © 1997-2007 DF Institute, Inc. Reproduction or utilization of this report without written authorization by DF Institute, Inc., is not permitted. ISBN OX2HF12301 $11 JEFFREY A. W= jVS W iff W YY 1 L, V 6508 BRANDY LANE IR MECHANICSBURG, PA 17050 PLUMBING & HEATING, INC Dec 9, 2010 RE: Plumbing Corrections and Issues Bob Shoiley 3 Argali Drive Mechanicsburg, Pa. 17055 Dennis Ulrich, a certified plumber with JEFFREY A WILBUR PLUMBING and HEATING visited the home the Shoileys purchased in Sept 2010 on Argali Drive, October 29, 2010 in response to a call from Mr Sholley to fix a leak under the kitchen sink. Once under the sink, Dennis realized the hose was split on the kitchen sprayer. The faucet/sprayer combo was a UPC faucet and current standard sprayer hoses do not match up to this older faucet. Dennis also realized the faucet was corroded underneath. He recommended replacing the faucet and lines. The total invoice for this replacement was $469.00 Dennis performed a standard water test for hardness and pressure into home. The hardness was 13 grains (should be 0-2) and the pressure was 92 Ibs (should be 56-60 Ibs). Mr Shoiley was quoted pricing on a H2O Harmony water softner ($2285.00) and a % inch pressure reducing valve ( $373.00 ) and a % inch ball valve at the main shut off valve ( $233.00 ) to resolve this issues. On Nov 4, 2010, Bob Shank, a plumber with JEFFREY A WILBUR PLUMBING and HEATING performed the following corrections on the Sholley's plumbing at the reduced Diamond Club Membership since they became Diamond Club members. Bob installed a % inch ball valve, a '/1 ball valve under the kitchen sink on the hot side and installed a 3/. pressure reducing valve. The invoice total was $ 637.65 At Mr Sholley's request Dennis Ulrich performed a formal in depth home inspection of his plumbing on Dec 9, 2010 and has notated the following problems and encourages performing the repairs quickly. PH: 717. 766. 52 91 FAX: 717.697.5580 www.WILBURPLUMBINGINC.com HIC# PA021270 :a1r ?iI"es 3flc'Ce...14/iIb , r't ?.? t(7 i{n ; UPv c. 1) Ground floor bath: Toilet fill valve is blowing water out the top of the valve. Flapper is incorrectly installed and leaking. Straight emergency stop valve is visably corroded and supply line from emergency stop valve to toilet is completely corroded and needs replaced ASAP. 2) Second floor bathroom: Toilet bolts are rusting and ready to start leaking. Supply valve tight and tube visably corroded. Fill valve blowing water in toilet. At the sink the "cold" side emergency shut off valve is really tight and creaks. Should be replaced ASAP. 3) Second floor bathroom: Bathtub spout is coming out and an angle which is leaving a gap between spout and wall. Water is getting down in behind and causing water damage. 4) Master bathroom: Fill valve is slow filling (flow restrictions) and flush valve was cut off..... is working but, not correctly. 5) Water Heater. AO Smith ProMax 50 gal electric. The T and P valve line is not piped up to code off the floor. 6) Plumbing Services Needed: Three (3) Toilets need a minor rebuild with new fill valve and flappers $131.00 each ($393.00) One (1 ) Tank to bowl kit $ 175.00 One (1) T and P pipe down ( bring up to code) $44.00 One ( 1) Expansion tank on water heater $175.00 One (1) Straight Stop '//s turn emergency stop valve w/supply tube $ 175.00 Three (3) RIGHT angle emergency stop valve '/4 turn w/ supply tube $175.00 (350.00) One (1) Caulk around tub spout $44.00 One (1) Lav faucet aerator $44.00 One (1) H2O harmony softner $ 2285.00 TOTAL Needed to correct plumbing issues $ 3,688.00 TOTAL SPENT on plumbing corrections to date $ 1,106.65 TOTAL $ 4,794.65 Any questions or needs of clarification may be directed to Dennis Ulrich G 717-7665291. Thank Youl J JEFFREY A. k Name 1 6 ate 1?1G'----- i i I ' -- - - J Address technician' RLUMBiNG & HEATING, INC. j- y ; l /r ' -- -- - r hone 717-766-5291 Water & Drain NoteE _ v Kitchen otes L Main Shutoff _?cs____ ? Faucet Pressure Reducing Valve ? Hose Spray ? Freeze Protected ? Shutoffs/Supplies Support ? Drain System Pressure ?- Gl ? Dishwasher Connections eanouts ? Garbage Disposal Q, 'Proper Slope ? Instant Hot Water Machine ?- "Support ? Icemaker Supply ? Exterior faucets ?- Backflow Preventor ? Sump Pump ? Sewage Ejector Pump Backflow Protected Water Heater ? Gallons ? Gas/LP lectric, 71 ID/Year ? T&P Valve 2--Shutoff Valve ? Gas Shutoff ? Flush O Anode Rod ? Dip Tube ? Electrical Wiring ? Expansion Tank ? Connections ? Flue Piping ? Strapping ? Stand/Pad ? Tray Bathroom(s) ?0 Laundry (? v;?.?C R + u R i ? Hoses ? Drain ? Shutoffs ? Sink Faucet ? Sink Drain ? Dryer Vent 1_t ? Pan &_L L) ;`+•,-, r ftterTreatment _ ? Softener _ ? Scale '.fi fit: ? t k '?lz?? ? Nature's Miracle _ Other ? - ? 71 71 Sink Bath 1 l Faucet(s) ? 4e e y (??(p ^ , Drain(s) ? ??L ?a ? C,- ? Shutoffs/Supplies ? 7-ptL _ ? Pop-ups ? f '_t - ? Toilet Fill Valve Flapper/Flush Valve ? Shutoff/Supply ? Seat ? Tub/Shower 71 71 71 71 .. r4y .-4-e Me F0 Ili :.??lL v ?l rC i ?? - Bath 2 Bath 3 G.V? ? 71 rv? CA- ? ?1 L Faucet ? &L45J ,?J ? o(L^ ? Drain ? ? L'??-- ? (' !L- Shower Head/Arm/Flange ? ? I- 1L Spout ? ? (??Y14c f ??_{? iK.?? ? _ `JLt'wi" i', Comments, Recommendations, Options: 01 ?111 2) Report Limitations: This report has been prepared for the sole and exclusive use of the customer named above. It is not a warmnly that the premises are defect- free. It is intended to alert the homeowner of possible plumbing-related issues that may require repair, replacement. or upgradine. it is fd" informational purposes only. The repori s limited to the systems and components which were visible to our technician on the date of the report. m r 71 O r _ r t. cn •? 1 ? C n h w- C.. ? J C l T ` m r ?- r+ ? s ? Q D v a ID 01 14 c p ? y m ? rn a \ 2,. Z ?•cp 1 Q° n D = () 1 O m o D 3 (n -i p - Z 3 V z ? - N CIl Z N N n ? ? o CD O CD = _n - v? 1 ¦ m m -v n 3 a m c CD CD C Z t ?_. O CD m Z _ 177j W ? ZE7 N F ,r N CL "N ? D Z v 0 D r m 3 Cr lD - R c , A ? W ?? MT ? ? C St m • aw m z C7 D ? _ (7 C o O m 3Ln 0 Z = V U z D o N o 6 rn n (D CA i n k; r m v 0 o Q m c 3 N N 0 y CD 0 N 3 m M ' Z ? O 1\- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document, was served by mail, upon the following: Mark C. Duffie, Esquire Johnson Duffie 301Market Street P. O. BOX 109 Lemoyne, PA 17043 Date: 7/12/2011 B : Joseph C. ak, Esquire aw of Joseph C. Korsak 3 ort Queen Street York A 17403 (7 ) 854-3175 No. 22233 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com ROBERT SHOLLEY and KATHLEEN SHOLLEY, Plaintiff V. MIKE SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS, Defendant OFF 1,"" r A$orneys for UDefe dant 2011 AUt' I I AM I I -' 07 "UMBERLAND COUNT`,' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-5276 CIVIL ACTION - LAW PETITION TO AMEND CAPTION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Petitioner, Mike Sheely by and through his attorneys, Johnson Duffie Stewart & Weidner, in support of this Petition as follows: 1. On June 27, 2011, prior to retaining the undersigned counsel, Petitioner filed a Notice of Appeal from a District Justice Judgment to the herein captioned Docket Number. 2. The Notice of Appeal, a true and correct copy of which is attached hereinto and incorporated herein as Exhibit A, identifies the Petitioner, Mike Sheely as Plaintiff and Robert and Kathleen Sholley as Defendant in the District Justice Docket Number CV-0000156-11. 3. District Justice Docket Number CV-0000156-11 was a matter wherein Robert and Kathleen Sholley brought an action as Plaintiff against Mike Sheely. 4. The Petitioner inadvertently named himself as the Plaintiff and Robert and Kathleen Sholley as Defendant. 5. Counsel for Robert and Kathleen Sholley, Joseph C. Korsak, has been informed of the error and has no objection to amending or correcting the caption of this matter appropriately and in fact amended the caption in his formal complaint filed on July 20, 2011. 6. Had the parties been identified correctly in the Notice of Appeal attached hereto as Exhibit A, a Praecipe to Enter a Rule to File a Complaint and Rule to File would have been completed directing the Plaintiff to file a complaint within twenty (20) days after service. Plaintiff has already filed the formal complaint. 7. Robert and Kathleen Sholley were served by certified mail copy of the Notice of Appeal on July 8, 2011. WHEREFORE, Petitioner by and through his attorney, respectfully requests that the Court amend the caption appropriately to correctly identify the parties. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: v Mark C. Duffie 301 Market Stre P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 :449834 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this 5th day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Petition to Amend Caption upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph C. Korsak, Esquire 33 N. Queen Street York, PA 17403 JOHNSON, DUFFIE, S RT & WEIDNER By: ark C. Duffie-?V Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com ROBERT SHOLLEY and KATHLEEN SHOLLEY, Plaintiff V. MIKE SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS, Defendant PROOF OF SERVICE NO. 2011-5276 CIVIL ACTION - LAW AND NOW, this 5th day of August, 2011, the undersigned does hereby certify that he forwarded the Notice of Appeal from District Justice Judgment to the Plaintiffs, Appellees, as well as The Madjesterial District Court by causing it to be sent via Certified Mail addressed as follows for acceptance: Robert and Kathleen Sholley 3 Argali Lane Mechanicsburg, PA 17055 July 8, 2011 MDJ-09-1-01 Honorable Charles A. Clement, Jr. Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 July 7, 2011 The signed, returned receipts from the Certified Mail confirming the Notices of Appeal from District Justice Judgment were delivered on July 8, 2011 upon Plaintiff, Appellees and July 7, 2011 upon the Honorable Charles A. Clement, Jr. The original return receipts are attached hereto incorporating herein as Exhibit A. Respectfully submitted, DATE: 7115-/11 :449834 JOHNSON, DUFFIE, STEWART & WEIDNER By: /- Ma-rR-C. D ie Attorneys for Defend -- ?C; 3y Q C) -r? o C7 c::) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE AND NOW, this 5th day of August, 2011, the undersigned does hereby certify that he did this date serve a copy of the foregoing Order upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Joseph C. Korsak, Esquire 33 N. Queen Street York, PA 17403 JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie ¦ Co To to Items 1, 2, and 3. Also oomplete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the meilpiece, or on the front if apace permits. 1. Artlde Addressed to: Qo ber + ? Ka+h leer Shol ley j A r?a I l Lc-he- m echu..n i C5 bury P'? 17055 A X B. D. Is d*MY eddtses "No arrt ttorrr H YES, enter delivery eddreee d D Agent C. Date of Delivery 1? D Ytes o No 3. S"M Type OPbwftd Mall D Bpnss Mel G Regleler a D Return Reoelpc,br Merchandise O inam d and D C.O.D. 4. ReabtCled Delivery? Pft Feed D yes 2. Artlde Ntm6er (Awx#r barn swww letreq 7 11 011 0 0 01 13 7 7 3 4 7 Ps Roan 3811, Febluery 2004 DomMrc RMum Reoetpt 1 IM • CCan** Nems 1, 2, and 3. Also corrosts DsMwry Is deelred • Print your , amts and address an the reverse so that we can return the card to you. ¦ Attach this cmdbLtho back of the ntailpiece, or on the p -.:M 1. Article Address` mDJ-69 -o 1 C rlesA.Clemenit-51. Nonora.ble olds Towne C-Orr,rnon5 qoo br,dge St.) 5L ,;ic 3 tiew Calmbei,64,P.A I`lufl O A. O Agent D Addressee B• ( JC. Date of Delivery t is delivery drftm atom Poem 1? D Y(es If YES, -ftf deerrery addrees below: D No 3 SlqftqTfi* - O~ Mall D Belxee I Mall D RegleMrsd O Retum Pace" for Merolrmrdse D hteceed Mall D C.O.D. 4. Restricted DslvoW p3rtra Fssd p Yes 2. Amide Nrenber MWmdw t m m oilw Amber 7 011 110 0 01 13 7 D 7 3 61 Ps Form 3811, Febrtrery 2004 Daeeetio Retum Reoelpt IGRMW M.1540 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com ROBERT SHOLLEY and KATHLEEN SHOLLEY, Plaintiff V. MIKE SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS, Defendant ORDER OF COURT CIVIL ACTION - LAW 1-74t of 2011, upon Petition of the Plaintiff to Amend the AND NOW, this __ a $!? Y Caption of the case, is hereby Ordered and Decreed as follows: 1. The Caption with respect to the above-mentioned docket shall be Robert and Kathleen Sholley, Plaintiff versus Michael Sheely d/b/a Mike Sheely Home Inspections, Defendant. Distribution: Mark C. Duffie, Esquire Johnson Duffie Stewart Weidner, PC 301 Market Street . ow?bd Lemoyne, PA 17043 I'It/I/ s for Defent rne Att y o IN THE COURT O PENNSYLVANIA CUMBERLAND COUNTY, NO. 2011-5276 By th Joseph C. Korsak, Esquire Law Office of Joseph C. Korsak 33 North Queen Street York, PA 17403 Johnson, Duffle, Stewart & Weidner 0 + Piv T + "E By: Mark C. Duffie I.D. No. 75906 S - 2 k orke?g for Defendant 301 Market Street CUMBERLAND COUNTY P. O. Box 109 PENNSYLVANIA Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com ROBERT SHOLLEY KATHLEEN SHOLLEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V. MICHAEL SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS, Defendant NOTICE TO PLEAD TO: Robert Sholley and Kathleen Sholley, Plaintiffs c/o JOSEPH C. KORSAK, ESQUIRE Law Office of Joseph C. Korsak 33 North Queen Street York, PA 17403 Attorney for Plaintiffs NO. 2011-5276 CIVIL ACTION - LAW YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. JOHNSON, DUFF , ST A T & WEIDNER By Mark C. Duffie, Esqui I. D. #: 75906 P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 234-4161 ?} e-mail: mcd@jdsw.com DATE: `? 141 Attorneys for Defendant Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com ROBERT SHOLLEY KATHLEEN SHOLLEY, Plaintiffs v. MICHAEL SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2011-5276 CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW, come the Defendant, Michael Sheely d/b/a Mike Sheely Home Inspections, by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and files this Answer to Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that on or about August 3, 2010, the Defendant was engaged to perform a home inspection of 3 Argali Lane, Mechanicsburg, PA 17055. It is denied in that Greg Manning, a real estate agent with Keller Williams, engaged the Defendant on behalf of Plaintiffs to perform the inspection. 4. Admitted. Defendant did perform an inspection on August 6, 2010. 5. Admitted in part. Denied in part. It is denied in that the Defendant did not demand prepayment. The Plaintiff elected to mail a check in the amount of Three Hundred Ninety-five Dollars ($395.00) to the Defendant on August 4, 2010 as payment for a home inspection, radon test, and insect inspection ($260.00, $95.00 and $40.00 respectively). It is admitted that Plaintiff paid Three hundred ninety-five dollars ($395.00) on August 4, 2010. 6. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments in Paragraph Number 6 and the same are therefore denied and strict proof is demanded at the time of trial. 7. Denied. The inspection was performed consistent with the National Association of Home Inspectors, Inc. standard's of practice. The Defendant, on August 6, 2010, provided a copy of the inspection report attached to Plaintiff's Complaint as Exhibit "A" to Plaintiff's agent, Greg Manning, realtor with Keller Williams. All conditions were set forth in the report. 8. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph Number 8 and the same are therefore denied and strict proof is demanded at the time of trial. 9. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph Number 9 and the same are therefore denied and strict proof is demanded at the time of trial. 10. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph Number 10 and the same are therefore denied and strict proof is demanded at the time of trial. By way of further response with respect to subparagraphs A and B, the Defendant sets forth as follows: A. Admitted. It is admitted that in his report the Defendant represented the system as "serviceable". By way of further response, Defendant noted that the water pressure was above 80 PSI and also recommended evaluation and repairs by a qualified professional be conducted. The Plaintiffs chose to disregard Defendant's recommendation. B. Denied. There was no evidence of water leakage under the sink at the time of inspection. Pursuant to the National Association of Home Inspectors, Inc., ("NAHI") standards of practice, the inspector is not required to "operate any main, branch, or fixture valve except faucets". It is also set forth in the inspection agreement and report provided the Plaintiffs. 11. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph Number 11 and the same are therefore denied and strict proof is demanded at the time of trial. 12. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph Number 12 and the same are therefore denied and strict proof is demanded at the time of trial. 13. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 13 and the same are therefore denied and strict proof is demanded at the time of trial. 14. Denied. After reasonable investigation, the Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in Paragraph 14 and the same are therefore denied and strict proof is demanded at the time of trial. WHEREFORE, the Defendant respectfully requests that Judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. NEW MATTER 15. In the Jeffrey A. Wilbur Plumbing & Heating, Inc. report ("Wilbur Report") attached to Plaintiffs Complaint as Exhibit "B", Plaintiff's are claiming Two Thousand two hundred eighty-five dollars ($2,285.00) with respect to a H2O Harmony Water Softener. As set forth in the inspection report and agreement attached to Plaintiffs Complaint as Exhibit "A", it is disclosed that water quality is outside the scope of the inspection. 16. As part of the Wilbur Report attached to Plaintiffs Compliant as Exhibit "B", Plaintiffs are claiming Three hundred seventy-three dollars ($373.00) for a 3/ inch pressure reducing valve and two hundred thirty-three dollars ($233.00) for a 3/ inch ball valve at the main shut off valve to resolve water pressure issues. In Defendant's inspection report attached to Plaintiff's Complaint as Exhibit "A", Defendant noted that the water pressure was 80 pounds per square inch and recommended evaluation and repairs by a qualified professional recommendation. The Plaintiffs chose to ignore Defendant's 17. The Wilbur Report attached to Plaintiff's Complaint as Exhibit "B", was performed on December 9, 2010. The Defendant's inspection was conducted on August 6, 2010 within the NAHI standards and discovered no problem with the plumbing or associated plumbing systems. 18. Defendant's inspection report and agreement as attached to Plaintiff's Complaint as Exhibit "A" states as follows: "If you will not be present during the inspection, please call our office to arrange for a verbal consultation with the inspector. If you choose not to consult with the inspector, this inspection company can not be held liable for your understanding or misunderstanding of the inspection report's contents." The Plaintiff did not contact the Defendant until October 29, 2010 or 59 days after settlement. 19. At all times relevant hereon, Greg Manning, Realtor with Keller Williams, was acting as agent for and on behalf of Plaintiffs. The inspection was conducted with Plaintiff's agent present. The report was provided to Plaintiff's agent on August 6, 2010, and therefore to Plaintiffs. 20. The Plaintiffs allegedly took possession of the home on September 1, 2010. Plaintiffs contacted Defendant on October 29, 2010, 59 days after possession and 83 days after inspection. All conditions were properly identified in Defendant's report. 21. In Defendant's Agreement and Report, under the "Disputes" heading, the Plaintiff was required to contact Defendant within ten (10) business days of discovery of any conditions. Further, Plaintiff agreed not to make any alterations, modification or repairs prior to reinspection. Plaintiff's Agreement and Report states: "Client [Plaintiff] understands and agrees that any failure to notify the Inspector [Defendant] as stated above shall constitute a waiver of any and all claims for said failure to accurately report the condition in question." Plaintiffs, therefore, have waived their cause cause of action and the Complaint should be dismissed with prejudice. WHEREFORE, Defendant respectfully requests that Judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. Dated: q 1 11 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Mark C. Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorney for Defendant :453407 VERIFICATION I, Mark C. Duffie, attorney for Michael Sheely d/b/a Mike Sheely Home Inspections, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. Mg Duffe Dated: 1 1( CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Answer to Plaintiff's Complaint with New Matter by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the I P day of September, 2011, addressed to the following: Joseph C. Korsak, Esquire Law Office of Joseph C. Korsak 33 North Queen Street York, PA 17403 JOHNSON, DUFFIE, TEVOR-T & WEIDNER V+ By: ark (5:-D u ff ie • 1 ! ~ '"p' t, IN THE COURT OF COMMON PLEAS OF kt'- CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ' „ ROBERT SHOLLEY • KATHLEEN SHOLLEY . No. 2011-5276 PLAINTIFFS . v. • MICHAEL SHEELY • d/b/a MIKE SHEELY . CIVIL ACTION HOME INSPECTIONS • PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph C. Korsak, Esquire, counsel for the plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiffs in the is $4,794.65. The counterclaim of the defendant in the action is $600.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Joseph C. Korsak, Esquire - counsel for plaintiffs Mark C. Duffie, Esquire - counsel for defendant WHEREFORE, your petitioners pray your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Res ectfully ubmitted, rY h C. Korsak, Esquire No. 22233 North Queen Street rk, PA 17403 Phone: 717-854-3175 Fax: 717-845-2643 E-Mail: josephl:orsak!a~comcast.net oo Pd a ~1 ~~,~~?~sgo Z* a l0'7 aso . t CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document, was served by first-class mail, upon the following: Mark C. Duffie, Esquire Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043 Date: 11/11/11 By: J s h C. r , Esquire a of Joseph C. Korsak 33 N h Queen Street Y , PA 17403 (717) 854-3175 I.D. No. 22233 i ROBERT SHOLLEY and IN THE COURT OF COMMON PLEAS OF KATHLEEN SHOLLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. CIVIL ACTION - LAW NO. 11-5276 CIVIL MIKE SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS Defendant ORDER AND NOW, this 2/' day of November, 2011, the appointment of Elizabeth Snover, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Lorin Snyder, Esquire, is appointed in her place. BY THE COURT, " ?' - '_1 , ?'/ Kevi . Hess, P. J. Marcus McKnight, III, Esquire Chairman COQ , I ! CD Lorin Snyder, Esquire. lllall?? jF -° C.A -<A N? ? Court Administrator - i n? c C x Cl Z N rr'7 :rlm x;c:: ROBERT SHOLLEY and KATHLEEN SHOLLEY In the Court of Common Pleas of Cumberland Plaintiff MICHAEL SHEELY d/b/a MIKE SHEELY County, Pennsylvania No. 2011 - 5276 HOME INSPECTIONS Defendant Civil Action - Law. Oath We do solemnly swe or affirm) that we will support, obey and defend the Constitution of the United States and the o sti 'on f this Commonwealth and that we will dis the uties of o o with fidelity. Signatu Signature Sign ure Marcus A. McKnig ht, III Esq. Robert M. Walker, Esq. Lorin A. Snyder, Esq. Name (Chairman) Name Name IRWIN & McKNIGHT, P.C. TURO ROBINSON LAW OFFICES Law Firm Law Firm Law Firm 60 West Pomfret Street 3906 Market Street 129 South Pitt Street Address Address Address Carlisle, PA 17013 Camp Hill, PA 17011 Carlisle, PA 17013 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We award the Plaintiffs the sum of Four Hundred Sixty Nine and no/100 ($469.00) Dollars plus the record costs of this action. .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing' February 21, 2012 Date of Award: February 21, 2012 (Chairman) Notice of Entry of Award 20 f,?,_, at .M., the above Now, the day of award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: By: Prothonotary !4?D?eputy FILED-OFF1CL OF THE PROTHONOTAT% i 2012 FEB 21 AM 11: b 3 CU? ft, COWi T Y YLVANIA c/ Sczsc?? 1, t /r-d D-VI a f I PM wo COO?? ?,? P??? YL?p?NtA IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA ROBERT AND KATHLEEN SHOLLEY VS. MICHAEL SHEELY d/b/a MIKE SHEELY HOME INSPECTIONS PRAECIPE FOR JUDGMENT NO. 2011-5276 CIVIL ACTION - LA) Enter Judgment in favor of Plaintiff and against: on the attached Award of Arbitrators:. (X) Assess damages as follows: Debt ...................................... $469.00 Interest ................................... -------- Attorney's Commission ....................... -------- Court Costs ................................ $384.0 TOTAL .................................... (X) I certify that the foregoing assessment of damages is for spec fied amounts alleged to be due in the Award of Arbitrators is calcu ated as a sum certain from the Award. (X) Pursuant to Pa.R.C.P. 237 (Notice for praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her attor ey of }? record. %\V -Sb't d a ` ( ) Pursuant to Pa.R.C.P. 237.1, 1 certify that written notice o tention to file this praecipe was mailed or delivered to the pa against whom judgment is to be entered and to his/her attorney record, if y, after the default occurred and at least ten days prior o the date o h filing of this praecipe and a copy of the notice is ached. Date: July 24, 2012 Signature: Print Name: Attorney for: Address: Telephone: York. PA 17403 Supreme Court ID No.: PA 22233 NOW, lJL? 1-, 2012, JUDGMENT IS ENTERED A; ABOVE. Prothonotary/Clerk, Civil Division by: ROBERT SHOLLEY and KATHLEEN SHOLLEY In the Court of Common Pleas of Cumberland Plaintiff MICHAEL SHEELY d/b/a MIKE SHEELY County, Pennsylvania No. 2011 - 5276 HOME INSPECTIONS Defendant Civil Action - Law. Oath We do solemnly swea or affirm) that we will support, obey and defend the Constitution of the United S and the Co sti: ion 'this Commonwealth and that we will discharge the uties of our o with fideli Signatu Signature Sign ure Marcus A. McKnight, III Esq. Robert M. Walker, Esq. Lorin A. Snyder, Es Name (Chairman) Name Name IRWIN & McKNIGHT, P.C. Law Firm 60 West Pomfret Street Address Carlisle, PA 17013 City, Zip Law Firm 3906 Market Street Address Camp Hill, PA 17011 City, Zip TURO ROBINSON LAW OFFICES Law Firm 129 South Pitt Street Address Carlisle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the f award: (Note: If damages for delay are awarded, they shall be separately stated.) We award the Plaintiffs the sum of Four Hundred Sixty Nine and no/100 ($469.00) Dollars plus the record costs of this action. .Arbitrator, dissents. (Insert name if Date of Hearing: February 21, 2012 Date of Award: February 21, 2012 Notice of Entry of Award Now, the day of __, 20 at. ?'-, _.M., the award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ sc) By: 1=47 & Pr E COPY FR z?? otho mony whereof. I here unto set my hand and the seal of said Court ;?Carlisle, Pa. This ?i day ofs.- 20/ Prothonotary IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-5276 ROBERT AND KATHLEEN SHOLLEY VS. MICHAEL SHEELY NOTICE OF FILING dlb/a MIKE SHEELY HOME INSPECTIONS JUDGMENT (X) Notice is hereby given that a JUDGMENT in the above-captioned m 2 rr h2as been entered against you in the amount of bn 4* y ? of the of all documents filed with the Proth otary' sup (X) Acopy judgment is/are enclosed. Proth ivi iv. by: If you have any questions regarding this Notice, please contact the filing party: NAME Jose h C. Korsak Es uir ADDRESS 33 North ueen St. York A 174! Phone (This Notice is given in accordance with Pa.R.C.P. 236) Notice sent to: Name Michael Sheely d/b/a Mike Sheely Home Inspections Address 1000 Wolfe Road, Enola, PA 17025 Name Mark C. Duffie, Esq. Address Johnson, Duffie, Stewart 301 Marken Street, Lemoyne, PA 1704