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HomeMy WebLinkAbout11-7915I w COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of If appellant was DISTRICT JUSTICE JUDGMENT COMMON PLEAS No /( VS ( 1VI?T'r' 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 District Justice on the date and in the case referenced below. V nnMt ur U.J. r>, f 1, ?- ADDRESS OF APQPELLANT - CITY ` STATE DATE OF JUDGMENT IN THE CASE OF (Plaintiff) r (Defendant l' This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy FROM R.C.P. D.J. No. 1001(6) before a District Justice, A COMPLAINT MUST BE FILED within twenty (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 Name of appellee(s) (Common Pleas No. NOTICE OF APPEAL appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To , appellee(s) Name of appellee(s) Signature of appellant or attorney or agent (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 you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE 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 - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN, 1©) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 ; ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 'qto#14 Qw- .4-41d ad V(10VQNdSHN9W(? ;6 Wv ?1 l?0 ilOZ ,`,s etsNUHI d :3 Signature ofaffiant rqr COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript CIVII „R. Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 Ivlal-K & Julie Carpenter 5038 Ravenwood Road Mechanicsburg, PA 17055 Disposition Summary Docket No MJ-091 01 -CV-0000349-201 1 Plaintiff Defendant Mark & Julie Carpenter Michael & Jennifer McCorkel Mark & Julie Carpenter V. Michael & Jennifer McCorkel Docket No: MJ-09101-CV-0000349-2011 Case Filed: 8/2212011 Disposition Disposition Date Judgment for Defendant 10/07/2011 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 10/7/2011 Date certity that this is a true an correct copy 73-the Date Magisterial District Judge Charles A. Clement Jr containing the Munmant Magisterial District Judge Charles A. Clement Jr A P MDJS 315 Page 1 of 2 Printed: 10/07/2011 4:45:52PM Mark & Julie Carpenter Docket No.: MJ-09 10 1 -CV-0000349-201 1 V. Michael & Jennifer McCorkel e k y ?. Part[cipanf=Lrst# AR N_ y 3 f T "? ea '^ti '4 -V Plaintiff(s) Mark & Julie Carpenter 5038 Ravenwood Road Ick Mechanicsburg, PA 17055 ; a Defendants Michael & Jennifer McCorkel Previous Onrhe?s/?uird'er " -_ 5112 Ravenwood Road Mechanicsburg, PA 17055 EPRO? 1 !ACT 21 AN - cRLAND Cf F t: ,INNSYLVAt'dl i j 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.) COMMONWEALTH OF PENNSYLVANI COUNTY OF C ss AFFIDAVIT. I hereby (swear) (affirm) that I served fa a copy of the Notice of Appeal, Common Pleas N" rj9I S, upon the District Justice designated therein on (date of service) \ b _ Ica 20 j by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name))M`?_ 20 l 1 _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN (AFF MED) AND SUBSCRIBED BEFORE M THIS _?TDAY OF - , 20 ., - r-7 G071- - - -7 Signature of affiant mature of official befaP, whom`affldaviCyltis mare Title of official My commission expires on ` 20 Proth-mt", end Counter, CWX* PA. MY Con"*" torus on tit mwxby orb& COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT i i COMMON PLEAS No. iV i i 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 District Justice on the date and in the case referenced below. NAME OF APPELLANT},. C ,, Y 1ti"? C ?» ? MAG. DIST. NO s I?W 5 "? "?? NAME OF-D.J. aSJ?C :a' . . row 6 1 Q. ADDRESS OF APPELLANT x CITY STATE 5013 ? z . ZIP CODE DATE OF JUDGMENT yy ?? py{ • ? ? ? V+ ?'°' ? t IN THE #CASE OF (Plaintiff) q { (Defendant) .^R\ ?e ? ?Yr?. F j S.w °asow :'.'1 ,{ y 1. ,y .'G` ? V$ :? ti 4'7 , S? '"1 ?$ £?b"?L ^ L 'o ?> °w i ?y M4.d^` A''ww"m' ?. J`^..T 1? ".?.? 4 DOCKE No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy was ciatmant (see tea. No. iuur(ol in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling 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 Name of appegee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry.gf judgment of non pros. Signature oF*ipani or attomey or agent RULE: To appellee(s) Name of appegee(s) (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 you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMEINTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 0 cn -1 ?? c ;z N a (a mzvc ;0 0 C) 57 M 0 L- D0o Zf. m DC', -0 - v o 0 C (D m' : a (a (D (D 3 z cD CD L D. a (D O N `G = (D S S: (yn m N 7 N O ?= m C- M N C O y. Fn' w n O a c v CL m ? co N O m H m m (o O y m T a r Ot j a off, y o, H ? ° a ? O > ;c S m f .., o C: C X03 M z r- y 0 T ' m ?F q) :•z ,x C On T +p °_ D. 0 ar" 2 rn_ O i° m G) c Z M m Z o D) CD cD C,. D) CO = Z. CL (D _ (D d S CD CD o? (1D -° (D a0 N CD j. S W 0) Q O (D 0 C z O O 0 o n 3 m O n T (D y V N M D r O ,v O 3 5 (D C a co 3 (D m CL (D (D CL o- C 0 C- 0 (D O 7 `o nnv --I )Q m(0)°i O h H )(D 30_ p j N - >w (D a -• C m 3 C ( D C H U) .-F C O O 3 U) O :O Z •O ai . . Ca to n W u . O O N N u (O u n c 3 C Z C O 0 ?i n TM %L 0 x O O z -n 0 m z y CO) O c h a z D n D N D Z M -OI P M ` c n z m O p m D> C M M M z -a 7010 2780 0003 3266 2814 o (^ -a o m c ? M. a o 3c f 3? 3 a? -?»m CD mC (D 0 N CD m T a (D T (D ll pl M W N l1 MM? }lam i? In the Court of Common Pleas of Cumberland County, Pennsylvania Mark & Julie Carpenter : Plaintiffs VS. Michael & Jennifer McCorkel Defendants COMPLAINT No. 11-7915 C:J CIVIL TERM r? AND NOW, come the Plaintiffs; Mark and Julie Carpenter respectfully represent as follows: 1. Plaintiffs, Mark and Julie Carpenter, who reside at 5038 Ravenwood Road, Mechanicsburg, PA 17055 2. Defendants, Michael and Jennifer McCorkel (previous owners and builders of the home, sold to the Plaintiffs, at 5038 Ravenwood Road) who now reside at 5112 Ravenwood Road, Mechanicsburg, PA 17055 COUNT 1 LACK OF FULL DISCLOSURE 3. Defendants, who are previous owners of property located at 5038 Ravenwood Road, Mechanicsburg, PA 17055, violated the Real Estate Seller Disclosure Law (68 Pa. C.S.A. Section 7301, et. seq.) which requires a seller of property to disclose to a buyer all known material defects about a property being sold that are not readily observable (Seller Property Disclosure, Exhibit A). 4. Defendants noted in Sellers Property Disclosure (Section 4)(c)"footer drain was blocked at discharge point, problem was resolved. Small amount of water came into basement". Defendant failed to fully disclose amount/depth of water that "came into basement". 5. When questioned "how much is a small amount of water" on Oct 4, 2011, Defendant admitted under oath in the District Justice Court, that there was about an inch of water that came into their basement and covered the wall-to-wall carpeting. This flooding, according to Defendant, required them to tear up the carpet and padding and replace the padding. They admitted to drying carpet and a piece of furniture outside of the home; this was never disclosed to the Plaintiffs prior to October 4, 2011. 6. Plaintiffs purchased the home at 5038 Ravenwood Road, August 30,2010; their basement was flooded twice in March, 2011 and once again in April, 2011. 7. Plaintiffs hired a professional waterproofing company to come in May, 2011 to install a perimeter drainage system to avoid any future flooding; cost of drainage system was $7,980.00. 8. After third episode of flooding, Plaintiffs hired Stanley Steemer to extract the water from their basement on Apr 17, 2011 at cost of $436.72. 9. The amount in controversy is within the Cumberland County arbitration limits. Wherefore, Plaintiffs respectfully demand judgment in its favor for the amount of $8,416.00 plus court costs of $262.00. Respectfully Submitted, 1 o?a©? ( -,", (! ?, \ Date Mark Carpent r 5038 Ravenwood Rd Mechanicsburg, PA 17055 N bowl (7 7) 4 A 0,.0,4 Date lie Carpent r 5038 Ravenwood Rd Mechanicsburg, PA 17055 (717) 458-5904 1617" (0 FalZs SEL: S PROPERTY DISCLOSURE S1 ?ME1vT SPD Tads rev, maommaadad mid approved tar ba tact mstdolad b we by. eta eaeeeI afeYs Pawn!. * ocW= of R&4,LTORSt19 (PAR 16 19 2. OCCUPANCY 20 (a) Is the property currently occupied? VYes El No If"yW' by wham? ?Q OA Seller ? Other occupimts (tenants) 21 If property is not occupied, when was it last occupied? 22 (b) How long have you owned the property? 23 (c) Are you aware of any pets having liyd in the house or other structures during your ownership? Yes Ne 24 If- yes," describe. - 26 La 7' 25 3. ROOF 26 (a) Date roof instruct: Z.Oo 7 Documeutod? ? Yen ? No ? Unknown 27 (b) Has the roof been replaced or repaired during your ownership? ? Yes M No 28 If "yes," was the existing roofing material removed? ? Yes ? No ? Unknown 29 (c) Has the roof ever leaked dining your ownership? ? Yes ,V No 30 (d) Are you aware of any problems with tho root; gutters, flashing or downspouts? ? Yes Iff No 31 Explain any "yes" answers In this section, including the location and extent of say problem(s) and any repair or remeliation efforts: 32 33 4. BASEM UM AND CRAWL SPACES (Conik only if applicable) 34 (a) Does the property have a sump pump? Metes A No ? Unknown 35 it yes," has it ever run? El Yes Ll No ? Unknown is it in working orddl ? Yes ? No_p Unknown 35 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes C?o 37 (c) Do you ]crow of airy repairs or other attempts to control spy water o, dampness problem in the basement or crawl space? Yes ?No 38 Explain any "yeas" answers in this section, including the location and extent of any problemm(s) and any repair or renmed?utloa dorts: 39 ?-L"J -.L -lr.-L--- . --- -_ , j _- As .1 n _ 40 5. TERIMTI'INWOOD•DESTROYING INSECTS, DRYk45T, PESTS (p ke{r«? e 41 (a) Are you aware of any termite shrood-destroying insects, dryrot, or a2 (b) Are you aware of an paft affecting the property? 11 Yes A No any damage to the property caused by termites/wood-destroy g insexxs, dMvt, or pests? ? Yes No 43 (c) Is your property currently under oentract by a licensed pest control ? Yes logo 44 (d) Are you aware of any termitalpeat control reports or treatments for the property? F-1 Yes No 45 Explain any "yen" answers in this section, inclluding the name of any searrice/treatme of provider, if applicable: 46 47 6. STRUCTURAL ITEMS 48 (a) Are you aware of any past or In went water leakage in the honor or other structures? ? Yes A No 49 (b) Are you aware of any past pr=Mt movement, deteriorate 50 Components? ? Yes No fig' en+ or ether problems with walls, foundations, or other structural 51 (c) Are you aware of any past or precut problems with driveways, walkways, patios, or walls on the 52 retaining property? El Yen ONO (d) Is Your pra? constructed with as Exterior Insulating Finishing System (EIFS), such as Ihyvit or synthetic stucco? 53 ? Yes I]f No ? Unknown If yes, date installed, if known 54 (e) Are there any defects (including stains) in flooring or floor coverings? Yes No Unknown 55 (f) Are you aware of any fire, storm, water or ice damage to the property? ? Yes No 56 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 57 se Bayer Init[aDate 6 • SPD Page 1 of 6 _ Seller Initials- Date - =6 9 MAI COPYRIGHT I'MMYLVANIA ASSOCIATION OF MALTOR" 30% I Pennsylvania Association of REALTORS 2106 Fam 9ana ew w TrueForms from R@ MMSIM MS. Inc. 8004MM12 1 Property Addmix 5M RavwmoW Road Mechwimburg PA 170i S 2 Senat, Nldh usl McCorkel and Jens" McCorkel 3 The Real Estate Seller Disclosure Law (68 P.S. §7301 ct act.) requires that a sollor of a property must disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclon,res, this disclosure 5 statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclosure requirements 6 and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form can And the form on the 7 Weep site of the Pennsylvania State Real Estate Commission. 8 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 9 any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or 10 presentation by any listing real estate broker, any selling real estate broker, or their lice. Buyer is encouraged to address concerns 11 about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation to 12 disclose a material detbct that may not be addressed on this form. 13 A Material Defect is a problem with a residential real properly or any portion of it that would have a significant adverse impaction the 14 value of the property or that involves an umtiasonable risk to people on the property. The fact that a structural element;, system or subsystem 15 is attar beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect. 16 1. SELLER'S EXPBRT1fSE Seller does not pom= expertise in extracting, engineering, architecture, environmental assessment or other 17 area related to than construction and con" qw of the ' Lropety and #a improvenpnts, except as follows: % 7. IADIHTiO-N&ALTERAnOPIS l; 50 ownership? ? Yes No 81 82 63 84 85 66 87 es Note to Bayer. The PA Construction Code Act, 35 P.& #7210.101 et seq. (effective 2004), and local codes establish standards for building and 69 altering properties. Buyers should check with the municipality to determine ffpsrmita anWor approvals were necessaryfor disclosed work and If so, 70 whether they were obtained Where required permits were not obtained; the municipality might require the current owner to upgrade or remove 71 changes made by prior owners. Buyers can have the properly inspected by an evert in codes compliance to determine if issues grist EWanded title 72 insurance policies may be available for Buyers to cover the risk of wank done to the property by previous owners without a permit or approval. 73 8. WATER SUPPLY 74 (a) What is the source of your drinking water? Public Wafter El Well on Property ? Community Water 75 11 None ? Other (explain) 75 (b) When was your water last tented? nja Test results: 77 If your drinking water sauce is not public, is the pumping system in working order? 11 Yes No 7e if "no," explain: 79 (c) Do you have a softener, filter, or other treatment system? Yes 40 No so If you do not own the system, explain: 81 (d) Have you ever had a problem with your water saps Yes No 82 (e) Has your wall ever run dry? ? Yes [I No Not Applicable 83 (f) Is there a well on the prupert? not used as the source of S4 primary drinking water. ? Yes X No If yes, is the well capped? U Yes El No 85 (g) H the water system shared? ? Yes No (h) Are you a of any leaks or other prob lerus, past or present, relating to the water supply, pumping system, and related items? 87 ? Yes JNo 88 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 89 90 91 9 9. SEWAGE SYSTEM 2 (a) What is the type of sewage system? A Public Sewer El Individual On-lot Sewer Disposal Sewage System 93 94 ? Individual On-lot Sewage Disposal System in Proximi1r to well El Community Sewage Disposal System ? Ten-acre Permit Exe ti 13 H ldi [[]] 1 95 mp on o ng Tank None 1 None Available/Permit Limitations in Effect El other type of sewage system (explain): 96 97 (b) If Individual On lot sewage system, what type? Cesspool Dntinfield unknown ? Other (specify): 98 (c) Are there any septic tanks on the Properly. Yes No Unknown 99 If "yes," what type of tank(s)? El Metal/steel El Cement/eotncrete El Fiberglass ? Unknown 100 ? Other (specify): 101 (d) When was the m-site sewage disposal system last scm 102 (e) Are there any sewage pumps located on the property? Yes No 103 104 If yea, type(s) of pump(s) 5ma ?- e+pa4t?' Are pump(s) in working order? Yes El No toy Who is responsible for maintenance of a pumps? (t) Is the sewage system shared? ? Yes No 105 107 (g) Are you aware of any past orpresent leaks, backups, or other problem relating to the sewage systemand related items? ? Yes No N " " Explain any yes answers in this section, including the location and extent of any problem(s) and any repair or remedladon aMrts: 108 109 110 111 112 113 114 115 116 117 118 119 Ill. rLUMNOWU SWUM (a) T of plumbing (check that apply): O Copper ? ( // ? Lead ? PVC ? Polybutylene pipe (PB) Mixed 11 Unknown Other (explain): PE Y WA M&&&M (b) Are you aware of any problems with an of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bathroom fixtures, wet bars; etc.)? El Yes No If `des," explain: 11. DOMESTIC WATER HEATING (a) of water heating: ? Electric # Natural Gas El Fuel Oil El Propane El Solar 11 Summer/Winter Hook-Up Ci?w Other (explain): (b) Are you aware of any problems with any water heater or related equipment? El Yes No If "Yes," explain. ly additions, structural changes, or other yams been made to the property during your If yes, list aaiitions, strurXinal changes, or alterations (use additional sheets ifnaxaearyl Approximate date of work Were pemtits obtained? (YeslNdUnknown) Were final inspectiomslappravaks obtained? (YwINo/Unlmown) 120 yes initals: _Date in. / SPD Page 2 of 6 Selkr Initials: ? Date (><" Z (L Form owe dW br. Tr ueForms" from REVEAL4bsys7EMs, me. 800-499.9912 121 12. AM =0220C onditio=ning- 122 '(a)' t,onW Air ? Wall Units ? Window Units L-, None 123 Other explain): 124 Number of window units included in sale Location(s) 125 (b) Age of Central Air Conditioning System: V#A1? ? Unknown Date last serviced, if known 126 (c) List any areas of the house that are not air condittoned 0&4X. M&CM4. Q&--44- 127 (d) Are you aware of any problems with any item in this section? ? Yea No 125 If,'^' "explain: 129 130 13. HEATING SYSTEM (a) Type(s) of heating tiW s) (check all that apply): ? Electric ? Fuel Oil 1A Natural ON ? Propanc 131 ? Coal ? Wood U Other: 132 (b) Type(s) of heating system(s) (check all that apply): Forced Hot Air ? Hot water ? Heat Pump 133 Elextric Baseboam ei ? Steam ? Wood Stove (How many? _, ? Coal Stove (How many? ) 134 ? Other 135 (c) Age of Heating System: Ad Unknown Data last serviced, if known 136 (d) Are there any fireplaces? Yes No If "yes," how many? Are they working? 02 Yes ? No 137 (e) Are there any chimneys ($o a firzplaca, water heater or any other heating system)? ? Yes No 138 If "yes," how many? When were they last cleaner]? ? Unknown 139 Are they working? ? Yes ? No If `ho," explain: 140 (fl List any areas of the house that are not heated 141 (g) Are you aware of any heating fuel tanks on the props ty?r ? Yes i WNo 142 Location(s), including underground tank(s): 143 If you do not own the tanks, explain: 144 Are you aware of any problems or repairs needed regarding any item In this section? ? Yes ? No 145 If "yes," explain: 146 NING 147 14. ELECTRICAL SYSTEM 148 (a) Type of Electrical System: ? Fuses P Circuit Breakers Ho Many Amps? ZO ? Unknown 149 (b) Are you aware of any knob and tube wiring in the home? ? Yes No 150 Are you aware of any problems or repairs needed in the electrical system? ? Yes Of No 151 If "Yes," explain: 152 15. OTHER EQUIPMENT AND APPLIANCES 153 This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does not 154 mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will 156 d whiei items, if any, are Included in the purchase of time Property. 156 (a) Electric Garage Door Opane r Number of Transmitters -._ V Keyless Entry 167 (b) Smoke ndec tors How mm? '7 Location(s) t ea - SidnE to y ied(,< 158 (c) Security Alarm System 41 Rwaed ? Leaser] (Lease ?Wmatt'anT- 159 (d) Lawn Sprinkler(s) How many? ? Automatic Timer 160 (e) ? Swimming Pool ? Hot Tab/Spa ? Poompa Heater ? Pool/Spa Cover ? Whiripool/Tub 181 ? Pool/Spa Equipment and Accessories Gist): 182 W L Re igerator(s) L ange/Owm 19 Microwave Oven Dwhwwbcr Trash Ctmipector 163 09 Garbage Disposal Chest Fr== ? Washer ? Dryer ? Intercom 164 (g) N Coiling fan(s) How many? S Location(s) fb ft W f hm -Y 4 bec6g 5t 165 (h) ? Awnings ? Attic Fan(s) Satellite Dish ? StorQo Shed ? Do*s) ? Electric Auuunal Fence 166 (i) Other. 167 Are you aware of any problems or repairs needed regarding any item in this section? ? Yes ? No 168 If 46yeg'" expialn: 189 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES) 170 (a) Laud/Solls 171 1) Are you aware of any fill or expansive soil on the pmpaty? 0 Yes ? No 172 2) Are you aware of any sldding, earth movement upheaval, a dmilence, or earth stability problems that have occurred on 173 or affect the property? ? Y No sooll 174 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this property? 175 ? Yes §J No 176 Note to Bayer: The property may be subject to mine subsidence damage. Maps of the counties and miner where mine subsidence 177 damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine 178 Subsidence Insurance Fend, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within 179 Pennsylvania) or (724) 769-1100 (outside Pennsylvania). .? 180 Buyer Initials: Date SPD Page 3 of 6 Seller lnitiads:mtA Date ' / &-M Form wnwimd by: TraeForme from R6VEAL4b SYSTEMS, kre 900499-9612 Liar 04 10 Oa27a Mh mcom el 717-?16 WM YM-e4-2010 THU 04;01 PIf OEM OW REALTOR FU In ?1782QM pP U2 .n ?; ? d a?ees?e(brmcPr?or?.arstle?ialt?oaarwap?o..s??Merr "' Bela paw. ?rCpmt a it. r lot In 1Qas 7t'yed'.sisdcaNelat?rieiete: in is _.__f4toiamjiMMdY?awws?oe!-'!21'?49?Leesq (Clr?rdl,7ee?lA¦r +k _ rC?ien?jn+Aee• 161?.f1l9ilotsey In ws ?A?rkidll?Mfea?iaw-3LS.?901unA4tR? 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Ybe ?G ^u If'," Ns /wet 4?!b ettd aeeNae e?.di welts bebwe • m no cwm Tvmoplwr ?u.?s(pioawliedNNterrcreodattkrck) mamarTag"Somma tx 71l n a no m a> Aleya.avreesefatq?tsdotleerowA adespepscpt ya We 29 "yes,' 1W Bets ieeWbd asl qre ed tSetaa. aod.rtitNiec! is is wodoieSardee w. s MTN#OMWIM iVssaE PeDOM Wbl?erB oe?osll m rtt Za is m _ m. _76ttc we •n ifyll?stQ?nnseoaeltaeted,oriEoeoilweaiet6ynl,bdreMg7f?yaaeu[dWeettayiMeMfe}a pemleetbom perpr'I Arayea+ttrasdmwkuli+nipiwaelood4m ddvbtbmumbN@wpm ~_Ym No y l???N eapltin hew 7K 10?OW aE? ttlmts Y k eed. tha Wei Yf theta kadbiaed pnataodl?ooe: S z-d 228e_eti2-4TL uag uoTjonuzsuo0 TaMuoOoW d2e:90 OT bI Tnr Otber - - -- - 264 1Verica np w tbR Ceadembknxr, CMPNW I& artt Pkw&ef Cwwm=M ,[ bryer efe recak errtt M' AW4. a p7ammad numaneetw we vVy of &a (odrjhu drp" ad bOW in s ? rqpdWang md cue of nests beryl br tie mewabdaer b dr ?, osrpwrrttnr? arpbsased ? gpttol m?rn,Rrettoxn 6?if fear orsb? aMedte?sJ?rw d? add Jb °' jkOw aM1' be i.16r 29 oP of earoelgR d?s grasmisrt wttb tbs rettrnrq/oA srrnrber 1fr?r a die dMWdewOwor&W9ca wiwos:wNaberaroammj*,t 19.NNCRLLANKM - (a) Are bfaWdodo -- Rf' prraervrtiea rawrbtioa a ardioeoos a ffit ? YNO errieoiesicd dear amooiebd wii tbopropartyt (b) Are you a+aam of aq aadbg or inalmad htpl safes eBewi n &a ptopaty4 13 Yo Pio (c) Ara yon aware of oW viebtiaes of hdM4 dmK or load lore w (d) Aen you ssraw of wi? public improv=mk ooodomisbm of rassseneac aweeiatioa ammrmsots spSart the a - mmda A NO w unpaid a of wW vioisdoos of awiei Yoee1, brt M6& m ty a sw wieaamsdmtteaais tsemzasfadt E3 Yee No 216 (e) Are you sww of a"jjudWm room bmNc ; lion (fir aampie aommelmr or egttitj? Iowa, ovardse 6 mw [3 Yee 11 an = support obiipdoa, or o w debt grim 96 property tbet mom be md&W by ihsproosede of tie lb 209 (A Am yea aroma army 6rriad6rp s deitict is ttfle, that wadd P WOOL 'ee 2000 Oft a w wa* deed or convert dtlo to No ?p ? Y 2m (9) Ans 7 w arr.re afeepr besteftaoe chba sled =Wig b the pmpQiyT ? Yee No (11) Are you of any atttsid dei-otrt b Aepropmly, dwa0bq, ar srbrea wbiolt arb mt diroloeed aleseirers an its &umt Tn ? Yes Ne 273 AmaleM dofoat is a prableat whb a msidadst red property a sir Wdom of tr dmt wodd have s dpiNow advtwra impact on V4 the gents of the property or iat isvdvee ea mmogorra6leddc b psopieaa is.properly. m The 64 &d a afaeemrat sheaert, qvMm or sobgdsm is at a boyood the ead of the normal ueefid life of su& a *octl nl not by iledf n meb W dWbct aheteak sysara or is 2" Zxphla auy "pas" sawyers `06 ses& 2m Tbo wedwdpsd 8d lw rapreee44 tbd the tahwodfiM sit Ault In lib dbdmmn dwlemerrt h aocusle set asmpbb a the but of Seam ,% kwwhdpw Sdw banby ss?harI dm Zbdm@ Bn+dw b pnevfiirAble iaAtraraflse? a peoepedlw brtpn of d p -pmty.t m+ to outer real eststs Beemoses. 8ZLLXR ALOWZ IS AMPOMMUS FOR TAZ ACCURACY OF TAX IMPORMATiON in CONrAV= IN TRW 83'AT>lii MT. Seller dmn ewes Boer to be eewiA 'k w wbkb b roedore& blalL717b by s dmW k the e[tha wrltla? es lib Coca 2W VArfy= -0 IV SUARR. DATE ms VIRTfau 8i ?,AJDATB__b -,D g w WrrN= t EA DATi en X=CUrO$ ADM@R81RATOR TRUnil81IM&IW Z S,pGg mr Acow ft to tbs prorisioos rdtba Zed Behos Sallee Disclosers Lan, the wdmdped aaonta. admimietrieor or tnrstos lanot me tegabed to fiff oat a Sebeft Property Dhxkwm Ststeeud. The mt imoere asetacisl delfeel(s) oftbe property. eon afboiaiatramr at' - ee, mwtt, however, dbtdoss say mt DA?i ser ROM" AND ZY B[tM w Ybe n 9nyw caedpc of lbb Dbelaen 8t ftmmL Bger adosawiedpee tlmt file Siatmsssw le riot a w.rraaq 2N aid tltat, rrdea +rRaes - **WWI" he the ache ammoc , buyer b pbea mba this property is ifs present emadu m u k Bayer's mopensl6BBy to sett * idtet W r bwft f ae to the ao ftm of the prop n 13 Boyar ssq reguest fiat tba propwty bo hwpwb4 at mr Bqu apnoea and by gwMled prabukask a ddwmfne t1w a, didstt of tabe dructam er ib component. vlrftms wMam 29 1 wrn4m w Boyer IedtlaisTD f%aft- ir-I br. Meal 8PD !apes o(6 ha SODwOM12 BOX 3- i'f - 10 DAT's ? ? DIATs seller bmdm AVA_ Bob INFORMATION REGARDING THE REAL MATZ SBUXR DLSCLM= LAW Generally spealang, the Real Estate Seller Disclosure Law requires that before an agreement ofsale is signed, the seller in a residdlodd real agitate transfer must make certain disclosures regarding the property in potential buyers in a form defined by the law. A residential real estate trWl6r is 464ned.w a sale, exchange, installment sales contract, lase with an option to buy, grant or other transfer of an interest in real property where NOT LESS THM ®NE AND NOT MORE THAN FOUR RMDBNTIAL DWELLING URM are involved. The Law defines a number of exceptions where due disclosures do not have to be made: 1. Transfers that are the result of a court order. 2. TSrawfms to a mortgage lender that result liven a buyer's default and subsequent foreclosure sales-that result eom default. 3. Transfers from a co-owra to one or more other co-owners. 4. T ramtlaa made to a spouse or direct descendant. 5. Tranaf ra between spouses that result Item divorce, legal separation, or property seltiemeak 6. Trawlers by a corporation, partnership or other association to its abareholdets, partners or other.agnity.o" w part of a plan of liquidation. 7. Transfer of a property to be demolished or converted to non-tesidantial use. 8. Trusfu of unimproved real property. 9. Traoafirs by a fiduciary daring the administration a€8 decode nt estate,'gtuudlaasht?p, copse rvatorship or trust. 10. Transfers of new construction that has never beeanceupied wheat. a. The buyer has received a ono-ywi? eexering the constructio; b. The building bas been ieapectabr omplianco*ith the appli WOUilding code or, if none, a wtionally recognized model building code, and c. A certificate of ogatipancy raaertificate ofocde umuplianee has been lasted for the dwelling. In addition to these exceptions, d3 ures for ceatteaaiurms and cooperatives are limited to dw seller's particular writ(s). Disclosures regarding eonnmon areas or facilities are not required,4t tbose dements we already addressed in the laws that govern the resale of condomininm and cooperative interests. Bayer Initials- Date SPD Page 6 of 6 Form Owwvud by TrueForse Atom REVEALMevBTEMe, loo. 800-068-98'12 Seller Initials '!p_!r Date x&-01 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mark&Julie Carpenter Plaintiff vs. 4nYlA mC&Y O Michael& Defendant 11-7915 - -- NO. -- Ir mk G u a.-1 r, n RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mark Carpenter counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8,702.50 The counterclaim of the defendant in the action is None The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, _ Esq., and 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, 1'ayb0PIL Cu5 k Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARK & JULIE CARPENTER NO. 11-7915 zrr) dart- Plaintiffs n zo V . nh zc, s s °? _ " z 4R MICHAEL & JENNIFER MCCORKEL .Z -? rv :0 Defendants ANSWER OF DEFENDANTS MICHAEL & JENNIFER MCCORKEL Now come Defendants Michael & Jennifer McCorkel and for their Answer to the Complaint state, allege and aver, as follows: 1. Defendants admit the allegations contained in Paragraph 1 of the Complaint. 2. Defendants admit the allegations contained in Paragraph 2 of the Complaint. COUNT 1 LACK OF FULL DISCLOSURE 3. In answer to Paragraph 3 of the Complaint, Defendants admit that they were the previous owners of the property located at 5038 Ravenwood Road, Mechanicsburg, PA 17055. Answering further, Defendants specifically deny that they violated the Real Estate Seller Disclosure Law (68 Pa. C.S.A. Section 7301, et. seq.) as alleged in the balance of Paragraph 3 of the Complaint. 4. In answer to Paragraph 4 of the Complaint, Defendants admit that they stated in the Sellers Property Disclosure (Section 4), "footer drain was blocked at discharge point, problem was resolved. Small amount of water came into basement". Answering further, Defendants specifically deny that they failed to make a full disclosure to Plaintiffs. 5. In answer to Paragraph 5 of the Complaint, Defendants specifically deny the allegations stated as Defendant was grossly misquoted by Plaintiffs. 6. In answer to Paragraph 6 of the Complaint, Defendants admit that Plaintiffs purchased the home at 5038 Ravenwood Road in August 2010. Answering further, Defendants are without knowledge or information sufficient to form a belief as to the truth of the balance of the allegations contained in Paragraph 6 of the Complaint regarding the occurrences of basement flooding that the Plaintiffs allege. 7. In answering Paragraph 7 of the Complaint, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations within. 8. In answering Paragraph 8 of the Complaint, Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations within. 9. Defendants admit the statement contained in Paragraph 9. These answering Defendants specifically deny all of the other allegations contained in Plaintiffs' Complaint and put the Plaintiffs in their full burden of proof thereon. Wherefore, these answering Defendants pray that the Plaintiffs take nothing by their pretended cause of action and that the Defendants be allowed all of their costs, disbursements, and reasonable fees in this matter. Dated: Michael McCorkel 5112 Ravenwood Road Mechanicsburg, PA 17055 Dated: o / Jennifer McCorkel 5112 Ravenwood Road Mechanicsburg, PA 17055 MARK CARPENTER and JULIE IN THE COURT OF COMMON PLEAS OF CARPENTER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. MICHAEL MCCORKEL and JENNIFER MCCORKEL, Defendants: CIVIL ACTION - LAW NO. 11-7915 CIVIL ORDER AND NOW, this 7-) ` day of February, 2012, the appointment of William W. Thompson, Esquire, and Sean M. Shultz, Esquire as members of the Board of Arbitrators in the above-captioned case is VACATED. Douglas Miller, Esquire and Rob Hawn, Esquire, are appointed in their places. BY THE COURT, ? Frances Marshall, Jr., Esquire Chairman VDouglas Miller, Esquire ? Rob Hawn, Esquire ? William W. Thompson, Esquire ?Sean Shultz, Esquire i/ Court Administrator :rlm L?qICS ?rtC3./Y'lf 3f ??/a 17 r? r CD -- 7° G • r; - ? sa r cry ?- c a? ter?' MARK CARPENTER AND JULIE CARPENTER, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7915 CIVIL ACTION LAW MICHAEL MCCORKEL AND JENNIFER MCCORKEL, Defendants OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United Stated and the Constitution of the Commonwealth and that we will discharge the duties of our office with fidelity. Signs ure Signature Francis E. Marshall, J ., Es q. Douglas Miller, Esquire Name (Chairman) Name Dickie, McCamey & Chilcote, PC t Law Firm Law Firm 425 N. 21s' St., Suite 302 Address Camp Hill, PA 17011 City, Zip 60 West Pomfret Street Address Carlisle, PA 17013 City, Zip AWARD Signature Rob H. Hawn, Jr., Esquire Name -ittE, OMQ65 c 2. A. *Awo ;3k. , u.c Law Firm 39 Old Coach Lane Address Carlisle PA 17013 City, Zip 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.) t fVV VCV •< -OV OPC--e,-JOA/ T]S Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: ??'" i Z Date of Award: Notice of Entry of Award Now, this -` day of 2012, at,3 2 ?, 1/PM, the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. upon appeal: $ By: Deputy f