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12-1995
BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW t JURY TRIAL DEMANDED = ;°? NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLETO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. S ft-A ?37g 12 IJ-a73d`3a BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. JURY TRIAL DEMANDED COMPLAINT AND NOW, come Plaintiffs, Bryan Allen and Julieann Gutshall, by and through their counsel, Drew F. Deyo, Esquire, and in support of their Complaint, aver as follows: PARTIES 1. Plaintiff, Bryan Allen, is an adult individual residing at 1247 Rebert Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Julieann Gutshall, is an adult individual residing at 1247 Rebert Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Jack Woods, is an adult individual residing at 4301 Martinique Circle #L2, Coconut Creek, Florida 33066-1451. 4. Defendant, Christopher Detweiler, is an adult individual that works for Howard Hanna at the office located at the Camp Hill Office, 3310 Market Street, Camp Hill, PA 17011. 5. Defendant, Linda Harper, is an adult individual that works for Howard Hanna at the office located at 5137 Devonshire Road, Harrisburg, PA 17112. 6. Defendant, Howard Hanna Real Estate Services, Inc., is a Pennsylvania Corporation with an address of 119 Gamma Drive, Pittsburgh, PA 15238, and operates as a subsidiary of Hanna Holdings, Inc. 7. Defendant, Hanna Holdings, Inc., is a Pennsylvania Corporation with an address of 119 Gamma Drive, Pittsburgh, PA 15238, and operates as the parent company of Howard Hanna Real Estate Services, Inc. 8. Defendant, Homesale Real Estate Services, Inc., D/B/A Prudential Homesale Services Group, is a Pennsylvania Corporation with an address of 215 South Centerville Road, Lancaster PA 17603. 9. Defendant, Sean Kieff, is an adult individual that works for Prudential Homesale Services Group located at 3435 Market Street, Camp Hill, PA 17011. VENUE 10. Venue is appropriate for this action because the causes of action arose with Defendants in Cumberland County, Pennsylvania. FACTS 11. All previous paragraphs are incorporated by reference as though fully set forth herein. 12. Plaintiffs, as buyers of real property, entered into a contract with Prudential Home Services Group ("Prudential"), where Prudential, through its agent and licensee, Sean Kieff, agreed to act as Plaintiffs' broker in a real estate transaction involving real property located at 1247 Rebert Drive, Mechanicsburg, PA 17055. 13. The seller of the real property located at 1247 Rebert Drive, Mechanicsburg, PA 17055, was Defendant Jack L. Woods, Jr. ("Defendant Woods"). 14. Defendant Woods" broker with respect to the real estate transaction was Howard Hanna Company, who acted through its agent and licensee, Linda Harper. 15. On or about August 3, 2010, Plaintiffs and Defendant Woods entered into a standard agreement for the sale of real estate located at 1247 Rebert Drive, Mechanicsburg, PA 17055, where Plaintiffs agreed to purchase the aforementioned real property for a purchase price of $234,900. A true and correct copy of the Standard Agreement for the Sale of Real Estate is attached hereto as Exhibit A. 16. Plaintiffs moved into the home located at 1247 Rebert Drive, Mechanicsburg, PA 17055, on or about September 29, 2010. 17. However, on or about October 24, 2010, to Plaintiffs' surprise and dismay, the septic tank located on the property overflowed, spewing human waste throughout the home, which caused damage to the interior of the home, including permanent staining on the downstairs master bedroom and downstairs bathroom walls, rotting of the wood, and mold. 18. The aforementioned septic overflow was the result of a pre-existing condition on the property, namely septic and drainage field problems, of which Defendant Woods was aware, and failed to disclose. 19. In addition, it is believed and therefore averred that Defendant Howard Hanna Company, acting through its agent and licensee, Linda Harper, was also aware of the pre-existing condition involving the septic and drainage field issues, yet failed to disclose the condition to Plaintiffs. A true and correct copy of the disclosure statement prepared by Howard Hanna Company, and signed by Defendant Woods, evidences that Howard Hanna Company and Defendant Woods had knowledge of the condition, yet failed to disclose said condition to Plaintiffs, and is attached hereto as Exhibit B. 20. Moreover, Plaintiffs' broker, Prudential, through its agent and licensee, Sean Kieff, informed Plaintiffs that they did not need to have a sewer inspection done with respect to the property located at 1247 Rebert Drive, Mechanicsburg, PA 17055. 21. Had Prudential, through its agent and licensee, Sean Kieff, performed its duties under the contract with Plaintiffs in a prudent and diligent manner, it would have done a sewer inspection before allowing Plaintiffs to purchase the property at issue. 22. However, because Defendant Woods, Howard Hanna Company, and Linda Harper failed to disclose to Plaintiffs the pre-existing condition with respect to the septic tank and drainage field, and because Mr. Kieff encouraged Plaintiffs not to have a sewer inspection done, the property's septic and drainage field issues went unnoticed prior to purchase by Plaintiffs. 23. On October 24, 2011, when the septic tank on the property overflowed, Plaintiffs called Ken Peck's Septic Service in order to have the septic tank pumped. 24. On that same date, Mr. Peck informed Plaintiffs that he often frequented the property in the past to pump the septic tank, and that the septic tank had been an ongoing problem for many years. 25. Further, Plaintiffs had to pay Mr. Peck to pump the septic tank on two other occasions after the first septic incident on October 24, 2010. In other words, Plaintiffs have had to pump the septic tank three times from the time they moved into the home on September 29, 2010. 26. According to Mr. Peck, as well as the Monroe Township Supervisor, the property's septic problems are significantly complicated by, if not the result of, the drainage field problem, and therefore the septic problem cannot be fixed without replacing the current system with an at-grade system. However, installing an at-grade system would require a variance from Monroe Township, which may not be possible. 27. If Plaintiffs were to attempt to install an at-grade system, not only would they need a variance from Monroe Township, but would need to hire an engineer or designer in order to see if the installation of an at-grade system is even possible. 27. As a result of the septic problems, Plaintiffs are unable to repaint the home, and are unable to flush the toilet after each use. 28. Although Plaintiffs thought they had purchased their dream home, Defendants' non-disclosures have led to a decline in Plaintiffs' quality of life, and have caused an enormous amount of stress and anxiety within Plaintiffs' family. 29. Moreover, the septic and drainage field issues seriously undermine the resale value of the home, and Plaintiffs will never be able to list the home at a value equal to what they paid. COUNT I - BREACH OF CONTRACT 30. All previous paragraphs are incorporated by reference as though fully set forth herein. 31. Plaintiffs entered into a contract with Prudential, where Prudential, through its agent and licensee, Sean Kieff, agreed to act as Plaintiffs' broker in a real estate transaction involving real property. 32. In addition, on or about August 3, 2010, Plaintiffs and Defendant Woods entered into a standard agreement for the sale of real estate located at 1247 Rebert Drive, Mechanicsburg, PA 17055, where Plaintiffs agreed to purchase the property for a purchase price of $234,900. 33. Plaintiffs provided adequate consideration and fully performed under their contracts with Prudential and Defendant Woods. 34. However, Prudential, through its agent and licensee, Sean Kieff, informed Plaintiffs that they did not need to have a sewer inspection done with respect to the property located at 1247 Rebert Drive, Mechanicsburg, PA 17055. 35. Had Prudential, through its agent and licensee, Sean Kieff, performed its duties under the contract with Plaintiffs in a prudent and diligent manner, it would have done a sewer inspection before allowing Plaintiffs to purchase the property at issue. 36. By advising Plaintiffs not to have a sewer inspection done, Prudential not only violated rule 101 of real estate, but breached the contract it entered into with Plaintiffs. 37. In addition, Defendant Woods breached his contract with Plaintiffs by selling Plaintiffs real estate that he knew had pre-existing and substantial defects, yet he failed to disclose said defects to Plaintiffs. 38. The contractual breaches by Defendant Woods and Prudential were of such a type that they would likely result in serious and severe emotional distress. 39. Due to Defendants' breach, Plaintiffs suffered damages including serious and severe emotional distress and monetary damages. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award attorney fees, costs of litigation and any other relief the Court deems proper and just. COUNT II - FRAUDULENT MISREPRESENTATION 40. All previous paragraphs are incorporated by reference as though fully set forth herein. 41. Defendant Woods made a misrepresentation to Plaintiffs that he had disclosed all major defects involving the real property at issue. 42. Plaintiffs were justified in relying upon Defendant Woods' misrepresentation because he signed a standard real estate transaction disclosure form, certifying that what he was telling Plaintiffs was truthful. 43. Moreover, Defendant Woods knew Plaintiffs would rely upon his misrepresentation, because a certified real estate transaction disclosure form, by its very nature, is intended to be a reliable disclosure. 44. Defendant Woods intended for Plaintiffs to rely upon his misrepresentation. 45. In addition, Defendant Howard Hanna Company, and Linda Harper, its authorized agent and licensee, also misrepresented to Plaintiffs that the property at issue contained only those defects disclosed in the real estate transaction disclosure form. 46. Furthermore, Plaintiffs, for the same reasons discussed above, were justified in relying upon Howard Hanna Company's misrepresentation, and Howard Hanna Company knew that Plaintiffs would rely upon its misrepresentation. 47. In addition, Howard Hanna Company intended for Plaintiffs to rely upon its misrepresentation. 48. Finally, Prudential, through its authorized agent and licensee, Sean Kieff, misrepresented to Plaintiffs that a sewer inspection was not necessary. 49. In that regard, Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to be their broker with respect to the real estate transaction at issue. 50. In other words, Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to provide the very type of information that Prudential misrepresented to Plaintiffs. 51. Further, Prudential intended for Plaintiffs to rely upon its misrepresentation. 52. The conduct of all the Defendants was intentional and fraudulent. 53. Moreover, Defendants' conduct took place during a contractual relationship with Plaintiffs, and caused Plaintiffs serious and severe emotional distress and monetary damages. 54. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT III - NEGLIGENT MISREPRESENTATION 55. All previous paragraphs are incorporated by reference as though fully set forth herein. 56. Defendant Woods made a misrepresentation to Plaintiffs that he had disclosed all major defects involving the real property at issue. 57. Plaintiffs were justified in relying upon Defendant Woods' misrepresentation because he signed a standard real estate transaction disclosure form, certifying that what he was telling Plaintiffs was truthful. 58. Moreover, Defendant Woods knew Plaintiffs would rely upon his misrepresentation, because a certified real estate transaction disclosure form is, by its very nature, intended to be a reliable disclosure. 59. In addition, Defendant Howard Hanna Company, and Linda Harper, its authorized agent and licensee, also misrepresented to Plaintiffs that the property at issue contained only those defects disclosed in the real estate transaction disclosure form. 60. Furthermore, Plaintiffs, for the same reasons discussed above, were justified in relying upon Howard Hanna Company's misrepresentation, and Howard Hanna Company knew that Plaintiffs would rely upon its misrepresentation. 61. Finally, Prudential, through its authorized agent and licensee, Sean Kieff, misrepresented to Plaintiffs that a sewer inspection was not necessary. 62. In that regard, Plaintiffs were justified in relying upon Prudential*s misrepresentation because Plaintiffs hired Prudential to be their broker with respect to the real estate transaction at issue. 63. In other words, Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to provide the very type of information that Prudential misrepresented to Plaintiffs. 64. Further, Prudential intended for Plaintiffs to rely upon its misrepresentation. 65. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT IV - COMMON LAW FRAUD 66. All previous paragraphs are incorporated by reference as though fully set forth herein. 67. Defendant Jack Woods and his broker, Howard Hanna Company, acting through its authorized agent and licensee, Linda Harper, represented that all material disclosures regarding defects with the real property at issue were made. 68. Said disclosures concerned defects that were material to the transaction at issue. 69. The representations concerning the disclosures were false. 70. Defendant Woods and Howard Hanna Company knew that its disclosures were false, as evidenced by the certified real estate disclosure form attached hereto. 71. Defendant Woods and Howard Hanna Company intended for Plaintiff to act on its representations contained in the disclosure form, which is evident in the very fact that the form was signed by Defendants as well as Plaintiffs. 72. Although Plaintiff was justified in relying upon Defendant Woods and Howard Hanna Company's false representation, Plaintiffs were not aware that said Defendants' disclosures were not accurate. 73. Indeed, Plaintiffs relied on said Defendants' false representations, which, as previously discussed, they were justified in doing. 74. As a result of said Defendants' false representations, which were undoubtedly intentional, Plaintiffs suffered serious and severe emotional distress and monetary damages. 75. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT V - NEGLIGENCE 76. All previous paragraphs are incorporated by reference as though fully set forth herein. 77. Prudential, through its authorized agent and licensee, Sean Keiff, owed Plaintiffs a duty of care when it assumed the role of Plaintiffs' broker in a real estate transaction. 78. Prudential breached said duty of care when it failed to have a sewer inspection done with respect to the property at issue. 79. As a result of said breach, Plaintiffs suffered serious and severe emotional distress and monetary damages. 80. Moreover, Defendant Jack Woods owed Plaintiffs a duty of care when he entered into an agreement to sell real property to Plaintiffs. 81. In that regard, Defendant Woods breached said duty of care when he failed to disclose material defects in the property that he knew existed. 82. As a result of said breach, Plaintiffs suffered serious and emotional distress and monetary damages. 83. Defendant Howard Hanna Company, through its authorized agent and licensee, Linda Harper, owed Plaintiffs a duty of care when it assumed the role of broker for Defendant Woods in a real estate transaction involving Plaintiffs as buyers. 84. Defendant Howard Hanna Company breached said duty of care when it represented to Plaintiffs that all known substantial defects with the property had been disclosed. 85. As a result of said breach, Plaintiffs suffered serious and emotional distress and monetary damages. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, and any other relief the Court deems proper and just. COUNT VI - VIOLATION OF THE PENNSYLVANIA REAL ESTATE DISCLOSURE LAW 86. All previous paragraphs are incorporated by reference as though fully set forth herein. 87. 68 Pa.C.S. §§ 7301-7314 (cited as the Real Estate Seller Disclosure Law), places a duty on all sellers of real estate in Pennsylvania to disclose all material defects to the buyer. 88. As provided by 68 Pa.C.S. § 7303, "Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304...." 89. Moreover, Section 7102 defines "material defect" as follows: "A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property." 90. Here, the drainage field problem with the real property at issue is a material defect because it has a significant adverse impact on the value of the property. 91. In addition, Section 7304(B)(8) provides that "Water and sewage systems or service" is a subject which obligates the seller to make disclosures regarding any material defects, and Section 7304(B)(13) obligates the seller to make disclosures regarding any material defects with "Soils, drainage and boundaries." 92. Here, Defendant Woods, Defendant Howard Hanna Company, and its authorized agent and licensee, Linda Harper, all violated Section 7303 because they failed to disclose a material defect with the real property at issue, namely the septic and drainage field problems, which, as provided by Section 7304, is a subject which obligates the seller to disclose all material defects related thereto. 93. Finally, Section 7311 states that, "any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the buyer as a result of a violation of this chapter. This subsection shall not be construed so as to restrict or expand the authority of a court to impose punitive damages or apply other remedies applicable under any other provision of law." 94. Defendants' nondisclosure of material defects was willful. 95. Therefore, Plaintiffs are entitled to actual damages as a result of Defendants' nondisclosure of a material defect, and said remedy, which is provided for by Section 7311, does not restrict Plaintiffs' right to seek punitive damages or any other type of remedy. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for actual damages in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT VII - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 96. All previous paragraphs are incorporated by reference as though fully set forth herein. 97. 73 P.S. §§ 201-1 -- 201-9.2 (cited as "Unfair Trade Practices and Consumer Protection Law" and hereinafter referenced as "the Act"), prohibits and makes punishable all "Unfair methods of competition and unfair or deceptive acts or practices" involving the purchase of goods. 98. In addition, the Act applies to real estate transactions, and allows consumers to bring a private cause of action against sellers of real property who fail to disclose material defects. See Glover v. Deem, 2005 Pa. Dist. & Cnty. Dec. LEXIS 100, 1-13 (Pa. County Ct. 2005) ("Any individual purchasing goods, including real estate, may bring a private cause of action to recover damages caused by another's `act or practice declared unlawful' by the UTPCPL.") 99. Examples of "Unfair methods of competition and unfair or deceptive acts or practices" are found in Section 201-2(4) of the Act. 100. The following are all identified by Section 201-2(4) as acts or practices declared unlawful by the Act: causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another; representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; advertising goods or services with intent not to sell them as advertised; and engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 101. Here, Defendants violated all of the acts or practices referenced above that are declared unlawful by section 201-2(4) of the Act. 102. Moreover, Section 201-9.2 of the Act provides a Plaintiff the right to seek actual damages for "any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful" by the Act. 103. In addition, Section 201-9.2 goes on to state that, "The court may, in its discretion, award up to three times the actual damages sustained ... and may provide such additional relief as it deems necessary or proper. The court award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." 104. As a result of Defendants' willful and outrageous conduct, Plaintiffs are entitled to three times the actual damages they've sustained, as well as costs and attorney fees. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for treble damages three times the amount of actual damages sustained, which are in excess of $50,000, and further request the Court to award costs of litigation, attorney fees, and any other relief the Court deems proper and just. COUNT VIII - NEGLIGENGE PER SE 105. All previous paragraphs are incorporated by reference as though fully set forth herein. 106. Defendant Woods, Defendant Howard Hanna Company, and its authorized agent and licensee, Linda Harper, all violated Section 7303 of the Real Estate Seller Disclosure Law because they failed to disclose a material defect with the real property at issue, namely the drainage field problem, which, as provided by Section 7304 of the Real Estate Disclosure Law, is a subject which obligates the seller to disclose all material defects related thereto. 107. In addition, all Defendants violated numerous acts or practices declared unlawful by section 201-2(4) of the Unfair Trade Practices and Consumer Protection Law. 108. Said violations of the Real Estate Seller Disclosure Law and the Unfair Trade Practices and Consumer Protection Law constitute negligence per se. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, and any other relief the Court deems proper and just. Respectfully Submitted, ROMINGER & ASSOCIATES Date: Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID No. 308857 Attorney for Plaintiffs Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID No. 90994 Attorney for Plaintiffs VERIFICATION 1 verify that I am the Plaintiff and that the statements made in the foregoing documents are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I ? 07z X ? Date: 7 Juheann Gutshall, Plaintiff STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR This form recommended and approved W. but not restrieted w use by, the mantels of the Pennsylvania AwocisGon of REALTORSO (PAR). PAR TIES BUTER(S):Bryan T. Allen, Julieann Gutshall SELLER(S): Jack L. Woods, Jr. BUYER'S NL4HMGADDRESS: 444 Prowell Drive, Camp Hill, PA 17011 SELLER'S M41MGADDRF,SS: 1247 Robert Drive, Mechanicsburg, PA 17055-9714 PROPERTY PROPERTY ADDRESS 1247 Rebert Drive, Mechanicsburg, PA ZIP 17055-9714 in the municipality of bfonroe , County of Cumberland in the School District of Cuaberland Valley , in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date): Parcel 1D- 22240773031 BUYER'S RELATIONSHIP WITH PA LICENSED BROKER ? No Business Relationship (Buyer is not represented by a broker) Broker (Company) Prudential Ron sale Services Licensee(s) (Name) Sean Kieff Group Company Address 3435 Market Street, camp sill, PA Direct Phone(s) (717) 307-3172 17011 Cell Phone(s) (717) 645-0301 Company Phone (717) 761-7900 Fax (717) 761-8837 Company Fax (717)761-8837 Email skieff6pxudentialhomexale.com Broker is: Licensee(s) is: ® Buyer Agent (Broker represents Buyer only) ® Buyer Agent with Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) ? Buyer Agent without Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) ? Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER 0 No Business Relationship (Se1kr is not represented by a broker) Broker (Company) Howard Hanna Company Licensee(s) (Name) Linda Harper Company Address 5137 Devonshire Road, Sarrisburq, PA 17112 Company Phone (717) 920-9700 Company Fax Broker is: ® Seller Agent (Broker represents Seller only) ? Dual Agent (See Dual and/or Designated Agent box below) Direct Phone(s) 'ko - c 0 o X. Z o ?1 Cell Phone(s) (1%7)319-8359 Fax fo5Z -9. 2Q I Email ilhred aad4yahoc . cm Licensee(s) is: ® Seller Agent with Designated Agency ? Seller Agent without Designated Agency ? Dual Agent (See Dual and/or Designated Agent box below) ? Transaction Licensee (Broker and Licensee(s) provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual agency, if applicable. /) . A Boger Laitials: I Pennsylvania gggTociation of REALTORS' ft dMWW HWMWWCamp HID 3435 Markel Sane Camp MK PA 17011 Sean 1Csff Produced w19r ASR Pace 1 of 11 PLAINTIFF'S EXHIBIT Seller Initials: P&PINSYLVAMA ASSOCIATION c717-761-7900717-307 Fu: 717-761-9937 Frow, MWIgM 48028 v ww.zioLOdx.oom .TORSO 2010 1/to 1247 Reben Drive i I. By th S AgreeMent dated August 3, 2010 2 Seller hereby ups to an and wive y to Buyer, who to airc itde ntiBed Property. 3 2. PURCHASE MCK AND DEPOSITS (1-10) ?- 4 (A) Pwinise Price V C: C 5 ( TWO Hundred Term Five MwAsand 6 us, Doltan), to be paid by Buyer as follows: 7 I _ Deposit at sgtung of tuts Agreement S c , C & 2. Deposit within days of the Execution Date ofthis Agreement S 9 3. S 10 4. Reomrning balance will be paid at settlwoeaL 11 (B) All faitads paid, by Buyer, etspaedki will be paid by check, exsbWs cbsrh or wired funds. All funds paid by Buyer 12 wdtbut 30 DAYS of sett; ruing Maeda paid at settlement, wr'f{ be by essitices Checir or wired funnels, but not by per- 13 soma! EbedL 14 (C) Deposdts, regardless of the form of payment and the pawn designated as payee, will be paid in U.S. Dcilars to Broker for Seller 15 (unless oihanrisc stated here. 16 who will nefain deposits in an escrow account in eaolbm dy with all applicable laws and regulations until ecinsutivnaison or ter- 17 ruination of this Agreement. Only real es?ise bmtccts we required to hold dew in accordance with the rules and regulations of It the State Real Estate Commission. Checks tendered as may be held encashed pending the execution of this 19 Agreement 20 3. SELLERS T (ifApgl"u 6k) (1-1e) 21 Seiler wilt pay S r MM? % of Purd ase Price iii if not specified) toward 22 Bwj Ws emus, as permitted by the morop tender, if any. Seiler is only obii pay up to the amount or percentage which is 23 approved by mortgage leader. 24 4. WrnJ MSigT AND POSSESMON (1-10) G( 25 (1i) Settlement Date is 10 or before if Bu}w and Seller agree. 26 (B) Settlement will occur in the county where the Property is located or in jaccrit county, during normal business hours, unless 27 Buyer and Sclkr aegrat otherwise. 29 (C) At time of seltleamart, the following will be pro-rafted on a daily basis between Buyer and Seller- reimbursing wh=c applicable: 29 current taxes (sue Notice Regarding Real Estate Taxes, mots, fi*mst an mortgage assumpti,ors? condominium fees and home, 30 owner assocaabon fees; water andlot suer fees, together with any otber• lienable rnumcipal service fees. All charges will be pro- 31 rated for the period(s) covered. Seller will pay up to and including the date of settlement and Buyer will dray for all days follow- 32 ing settlement, unless otbawist stated here. 33 34 (ID) Conveyance fivtm Seller inn l be by fee simple deed ode spacial warranty aimless otherwise stated here: 35 36 (E) Payment of transfer taxes will be divided apalty ba ween Buyer and Seller unless otherwise stated here 37 38 (F) Possession is to be delivered by deed, existing toys and physical possession to a vacant Property free of debris, with all structures 39 broom- ear, at day and time of settiem cK uuntess Seller, before signing this Agroc nr®i has identified in writing that the Property 40 is subject to a taam 41 (G) If ScRer has ideatWmd in writing that the Property is subject to a leaser, passion is to be delivered by deed, existing bays and 42 t of axistiug lei for the Property, together with security debts and interest: if any, at day and time of settlement Seller 43 enZl not enter into any new lenses, nor extend existing tenses, for the Property without the written consent of Buyer. Buyer will 44 audmourledge erostmg lease(s) by initiating the kase(s) at the caeeatbon of this Agrecment? unless otherwise: stalest in this Agreement 45 ? Tenaiut led, Pre pi rty Addendum (PAR Foams TOP) is aftached. 46 5. DATMTDM IS OF THE FSSWCB (1-10) 47 (A) Written ace of all parties will be an or be ftc AMWt 5, 2010 48 (B) The Settlement Date and all other dates and bones rdembfien for ire pernarmaoce of any obligations of this Agreement are of the 49 esscucc and are binding. 50 (C) The Execution tame of this Agreement is the date when Buyer and Sailer have indicated full acceptance of this Agreement by sign- 51 ing andJor initialing it For purposes of this Agreement the number of days will be counted from the Execution Date, excluding 52 the day this Agreement was etewnied and including the Iaa day of the tine period. Aft cluinges to this Agreement sbould be ini- 53 baled said dated. 54 (D) The Settlement Date is not extended by any other provision of this A vemcat and may only be extended by retuW21 written agree- 55 meat of the patties, 56 (E) Certain teams and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed titers 57 and time periods are negotiable and may be changed by stag out the prejumted icier and interring different tarns acceptable 59 to all pariias. 59 6. ZONING (110) 60 FaMm of this Agreement to contain the nwing elassffication (=zcpt in cases where the property (and each gweel the:reot if subdi- 61 vidable) is zoned solely or pritnanly to permit single-family digs) will reader this Agreement voidable at Buyer's option, and, if 62 voided, any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 63 Zoning Ctae: Rsasidentiaul /r 64 Buyer Fair -W AS PW2 ed'21 Setter taifm sc (?VI/ PMdL=od 00 ZpFmMW br Z%d tetno FWAven Uft Road, Fte lids W 43M j mLZWLgg_e. &M 1247 Std= Drive 65 66 67 68 69 70 71 72 733 74 75 76 n 78 79 so 81 82 83 84 85 90 91 92 93 94 95 96 97 98 49 100 101 102 103 104 105 106 107 109 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 7 FECrURM AM PERSO AL PROPERTY tme) (A) MUIMED in this sale are an existing items perrnancWly installed in be Property, free of Eierns, and other items including Phaab'ug; heatiM rediainr ooh lighting fihchares (including dmWd M and exiling fans pool and spa equipment (including covers and ekaming exryipmeutx ccc= animal %Wmg systems (arcludimg collaas); gage door openers and tcansmitt erg tele- Mon antennas; unPoitted, Y, phMW and ire any reamming heaft and cooking fuels stored on the Property at the time of scUlanent; smoke detectors and carbon momOxiide detectors; sump pumps; storage sheds; fences: mailboxes; wall to wall carpeting MOM9 window screens storm windows and sixieear &MM doors; window covering hardwares shades and blinds, awnings; tiepin air amditioneis; burl[-in appliances; the nngelovea, unless othexv m stated; and, if owned, water treattnent sys- tems, proPanc tshdcs see & to dishes and security systems. Also included: hot tub, 42° plasma tw, robot lawn moaner and all listed. in Sellars Disclosure (B) rteux; are LEASED tit owned by ) the vrovidenftendor for hone infori:nation (e.r: - water treatsteent syOxm proper tanks, semdlift drsbes and security systems): (C) EXCLUDED fbaures and item WANED. This sale is NOT coatiugcot on mortgage financing, although Buyer may obtain mortgage financing and/or the par- ties may include an appraisal contrugmey. ® ELECTED- (A) This sale is eontwgeut upon Buyer obtammg uhort&W financing a:wrdmg to the following terms: on the Property 3 r1 Minimum Term '30 years ? - Type of morigpge MM Loan-To-vakue (L ratio: For non-FHAIVA loans LTV [ado not in, oweed °6 Mortgage loader Hanesale Tdandi *+? , TLC 10112=170; 4.750 7tr; bowie=, NoW age to aceept the iateasst rate as easy be 6undtted by the asartgage leader, unit to eoweed a mmmrau n inbcnest rate of 5.750 % Discount points, loam origination, to a acemextit and other fees charged by the leader as a percentage of the mortgage loan (cwlu& ing any mortgage insurance pnmoiuimss or VA fin Ina fee) not to exceed _ %(0'%ifuotsxdfied)ofdhemortgageken. (B) The ioiuere.A rate(s) and fee(s) paavisions: in Paragrapb 8(A) are satisfW if the mortgage kabder(s) gives Buyer the right to guar- antee The interest rate(s) and fix(s) at or blow the towdou m levels staled. If leader(s) gives Buyer the right to look in the inter- est rate(s): Buyer will do so at least is days before Sdtlc zm Dare. Buyer gives Seller the right, at Seller's sole option and as pamditd by law and the morgM lender(s), to contribute fiwadally, withc ad pie of mambu sement, to the Buyer and er the awrtgw knder(s) In make the above towi pp beam(s) available to Buyer (C) Within days (7 if net specified) from Tina Fxeention Date of this Agaaeniient, Buyer will make a completed, written Mort gage a pplacation ('including paymc at for and ordering of wwaitial and credit reports without delay, at the time required by lender(s)) for the Mor% a terms and to the mortgage lcadgr(s) Kk=d rill in Paragraph 8(A}, if any, o1hen6se to a responsible mortgage lender(s) of Buyer's choice, Broker for Buyer, if arty, otherwise Bwkrr for Seiler, is authorized to comruunicate with ft mortgaage k xter(s) to assist in the mortgage loan process. (D) Bayer wed be is dalkok of teals Avoins at if Bayer iaambbes [lake taferoudion to anyone concerning Buyer's financial amL%r eimpikyneat sutras, fads to cooperate in pod &M w ft ptocinarang the asnripw loan application (indudieg delay of the appraial), Seas to bock in farm rate(s) as stated in Pwvgmpb S(B), or otherwise causes the tender to reject, refuse to approve or issue a maetgage loan couninituouL (E) I- IKwipp Cwt Dote: Baptesibwr 7, 2010 . Upon receiving a mortgage colmnitment, Buyer will promptly deliver a copy ofthe cwt to Seller- 2- If Seller does not receive a copy of the mixtgap corm i0ment(s) by the Mortgage Commitment Date, Seller may terminate dus Agreement by written notice to Buyer. Sdkx s right to hrnimnaE continues until Buyer delivers a mortgage connmitment to Seller. Until Sellertrlnzinates this Agrccwc ; Buyer is obligated to make a good-faith effort to obtain mor%age financin 3. Seller may ierounabe this Agreement by whiten notice to boyar after the MorigW Commitment Date if the mortgage counnitrnent: a- Does not sdL* %e fttram ofP 8(A), OR b- Contains any condition not speeded in this Agreement (e g„ the Buyer must setite on another property, an appraisal must be received by the leader, or the mor%W commitment is not valid tlmocrgb the Settlement lute) that is not satisfied and/or ranoved m writing by the mDrtgW lender(s) within 7 DAYS after the Mortgage Commitment Date in Paragraph 8(Bj(1), or any cammum duseK ad w than those conditions That she eusbomarily satisfied at or near settlement (e-g- obb&ft inanrau=e, confirnnmg employment). 4. If this Agreement is twhnmated pursuant to Paasgzaphs BOW) or (31 or the mortgage loan(s) is not obtained for settlCme nt, all deposit monies will be returned to Buyer according to the terms of Paragrapb 22 and this Agreement will be VOID. Buyer will be responsible for any cases intaared by Buyer for any inspections or motions obtained according to the kull S of this Agme meoL and any costs incurred by Buyer for (1) Tile search. tide insurance and/or mechanics' lien i immince, or any the taaxllation; (2) Flood hou ate, fire iosurarcy hazard insurance, mine subddemce insurance, or any fee for caneel- I " ' fees and charges pied in advance to morqM Ieader(4 sayQ rnruarc AsuPage 3 of 11 Setter lairiaLr. RCWI=d We Pro&=W-ftMipFam®byzkA 1aW0MoalMrYeRoma Fam is dion?ns MMUMASk MOM 1247 Refbert Drive Second Mm-IgW on do Properly 7 oanAraount $ MmrmnunTerm years Type of mortgage Loan-To-Vafie (LM ratio: For non-FHA NA loans LTV ratio not to exceed % Mertgar tender I Interest race %; however, Bayer agrees to accept the j interest rata as near he cossmitted by the mortgage lender, not to exceed a maximnan interest rate of %. Discount point;, Ion origination, loan placement and other flee charged by the leader as a percentage of the mortgage loan (cxctud- ing any mortgage insurance premiums or VA funding fee) not to ameexd % (D% if not specified) of the mortgage kart 132 133 134 135 136 137 138 139 I4t1 141 142 143 144 145 146 147 149 149 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 171 178 179 180 181 182 193 194 185 186 187 Igo 199 190 191 192 193 (1') If the mortgage lender(s), or a property and casoslty hwer providing imrsinance required by the m ngage lender(s), requires repairs to the Property. Buyer will, upon receiving the mquiramco% deliver a dopy of the mmecoremmments to Seller Within 5 DAYS of removing the dopy of the requiremcats, Seller will notify Buyer whedw Seller will make the required repairs at Seller's expense,. 1. If Seller makes the required repairs to the salishce mm of the mortgage tender and/or insurer, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 2. If Saw we'll rat maim the required repairs, or if Se9w faits to respond within the stated time, Buyer ill, within 5 DAYS, notify Seller of Buyer's choice to: a M2ke the zepairslm,arovesnants at Buyer's expeosc, with permission and access to the Property given by Seller, which will not be mumsonably wiil"d, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer amording to the terms of Paragraph 22 of this Agreement 1;f Bayern fans to respond within the three stated in Paragraph 8(W) or tags to terminate this Agreement by written notice to Seger' wither that time. Dger wffl seeept the Property and allm to the RE R M is Paragraph 24 of this Agreement FRA/VA, IF APMCAIMZ (G) It is expressly agreed Ong notwithstanding mW other provisions of this contract, Buyer will not be obligated to complete the pur- cimse of the Property described herein or to how any peadly, by forfeit= of earnest money deposits or othenvise unless Buyer has been given, in accordance with HUDNEA or VA requir a written stmenient by the federal Housing. Commissioner, Veterans Administration, or a Direct Endorsement Leader setting forth the appraised value of the Property of not less than nnL r AgaM ? 3 ?'? C1- Of;- oL (tire Pr>rcf? Prix as stated in this Agreement). Bayer will have the privilege and option of proceeding with coasummuti6d i of an cnrdract without regard to the amount of the appraised valuation. The appraisers valuation is arrived at to determine the maximum mortgage the Department of Housing, and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Breyer should satisfy hiamscWherself that the price and condition of the Property am acceptable. Warning; Section 1010 of True IF, UDC., Department of Housing and Urban Development and Federal Housing Ammon Ttamsac"m provides, "Whoever for the purpose of. _ . influencing in any way the action oft such Department, makes, posses, ntt]C[S or publishes any s[atcmcat knowing the same to be false sball be fined under this title or imprisoned not mom than two yens, or both (H) U.& Department of Hag and Urban Dereiopumat (HUD) NOTECK TO PURCEME LS: Super's AcIcnawiedgement ® Buyer has received the HUD Notice "For Your Prokd on: Get a Home Inspection." Buyer understands the importance of getting an independent home inspection and has tbamght about this bcfi= signing this Agree;:rent. Buyer understands that FHA will not perfmrm a home inspection nor guma ice the prix or condition of tyre Property. (f) Ceirtillication We the undersigned. Seller(s) and Buyer(s) party to this UMMKhOm each Certify that the terms of this contract for purchaser are true to the best of our knowledge and belief: and that any other agreement entered into by any of these parties in connection with this trawaction is attached to this Agt nt. 9. SZLLER B1BP8 TATIt1 l3 (1-10) (A) Radoa Ti mthgsand RasoadatiOa (Sec Notice Regarding Rad(n) SeMw hits as lntswkdge about the presence or absence of radon unless c beclYd below: ? 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track, ate.), which produced the results indicated below: Date Type of Test Resents (picoC.ariestlites or working levels) Name of Testing Service ? 2 Sellerhas biowledgC the Property had radon removal syslnm(s) installed as indicated below.- Dace Installed Type of System Provider Copies of at avaflshEt (must reports wig be delivered to Boyer with Wo Agreement Seller does not warrant the meth- ads or the resalts of radon feels. (B) Statas of Water Seller repeseats that the Property is saved by: ? Puller water ? community wow 99 On-sift Rueter [j None ? (C) Status of Sawux' Seller repriwas that the Property is served by- C3 Pub is Sawa ? community Sewage Disposal System [3 TerrAarc Perrait Exemption (sec Sewage Notice 2) Co Tmdividmsl On4ot Sewage Disposal System (see Sewage Notice 1) ? Holding Tank (see Sewage Rotice 3) ? !> amduai On4ot Sewage Disposal System in Proximity to WeII (see Sewage Notice. I, see Sewage Notice 4, if applicable) ? Now (see Sewage Notice I) ? Noun AvailabldPermit LM iatiomms m Fsect (see Sewage Notice 5) (D) Ms t ric Pr aftmition Seller is mot aware of historic won restrictions regarding the Property unless otherwise staled hen: 194 1 o7w Fnitlsl ASBPsge 4 et I1 Seller hddats: Revised 1114 Proms vdV%tyF=m8 by z0 ask 18070 F*mm aria Road Fraser, fsdtigen 1247 Rabat Drive 195 (E) ? . Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land 196 Use Restrictions): 197 ? Farmland and Forest Land Assessment Act (Clean and Green Program; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) 198 ? Open Space Act (Act 442 of 1967; 32 P.S. § 5001 et seq.) 199 ? Agricultural Area Security Law (Act 43 of 1981; 3 P.S. §901 et seq.) 200 ? Other 201 (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa- 202 lion assessments have been made against the Property which remain unpaid, and that no notice by any government or public 203 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, 204 building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a viola- 205 tion of any such ordinances that remain uncorrected, unless otherwise specified here: 206 207 (G) Seller knows of no other potential notices (including violations) and/or assessments except as follows: 208 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 10. WAIVER OF CONTINGENCIES (9405) 211 H this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, environmental 212 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Boyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to 218 surveyors, municipal officials, appraisers and inspectors. All parties and their real estate licensee(s) may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by 220 any other provision of this Agreement 221 3. Seller will have heating and all utilities (including fuel(s)) on for all Inspections/appraisals. 222 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 223 5. Seller has the right, upon request, to receive a free copy of any inspection Report from the party for whom it was prepared. 224 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 226 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- 227 ply with the Home Inspection Law. (See Notice Regarding the Home Inspection Law) 228 (C) For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 12(A), complete Inspections, obtain any 229 Inspection Reports or results (referred to as "Report" or "Reports"), and accept the Property, terminate this Agreement, or submit a 230 Written Corrective Proposal(s) to Seller, according to the terms of Paragraph 12(13). 231 Home/Property Inspections and Environmental Hazards (mold, eta) 232 Buyer may conduct an inspection of the Property's structural components; roof, exterior windows and exterior Waived 233 / doors; exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot / 234 tubs and spas; appliances; electrical systems; interior and exterior plumbing; public sewer systems; heating and cool-,J 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 236 footage; mold and other environmental hazards (e.g., fungi, indoor air quality, asbestos, underground storage tanks, l ki/?K 237 etc.); and any other items Buyer may select If Buyer elects to have a home inspection of the Property, as defined in h OT t-z-_4e 238 the Home Inspection Law, the home inspection must be performed by a full member in good standing of a national Gtr o,-ov- 239 home inspection association, or a person supervised by a full member of a national home inspection association, in d o 240 accordance with the ethical standards and code of conduct or practice of that association, or by properly licensed ?`,fG 241 or registered engineer or architect (See Notice Regarding the Home Inspection Law) Set!(. A, ? ell f k4; 242 Wood Infestation s 243 Buyer may obtain a written "Wood-Destroying Insect Infestation Inspection Report" from annspector certified as Waive 244 / a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- / 245 ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance with applicable laws, mort- 246 gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. The Inspection is to be 247 limited to all readily-visible and accessible areas of all structures on the Property, except fences. If the Inspection 248 reveals active infestation(s), Buyer, at Buyer's Expense, may obtain a Proposal from a wood-destroying pests pes- 249 ticide applicator to treat the Property. If the Inspection reveals damage from active or previous infestation(s), Buyer 250 may obtain a written Report from a professional contractor, home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 252 Radon 253 Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection atved 254 / Agency (EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 M / 255 working levels or 4 picoCuries/liter (4pCi/L). 4WI 256 Water Service 257 n1aftiab. may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 258 ed water/well testing company. If and as required by the inspection company, Seller, at Seller's expense, will / 259 and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous 260 ton, at Seller's expense, prior to settlement. 261 ASR Page S of I I Seller Initials: r Revised 1110 Produced wfth ZipFomM by ApLopix 18070 Fifteen Me Road, Fraser, Michigan 48026 www.;dpLoo1x coin 1247 Rebert Drive 262 On-let Sewage (If Applicable) 263 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional si 264 / inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to,, 1 265 and empty the individual on-lot sewage disposal system. Seller will restore the Property to its previous condition, 266 at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot 267 Sewage Inspection Contingency. 268 Property Insurance 269 Buyer may determine the insurability of the Property by making application for property and casualty insurance for Waived 270 611 / the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with / 271 the insurer to assist in the insurance process. If the Property is located in a flood plain, Buyer may be required to 272 carry flood insurance at Buyer's expense, which may need to be ordered 14 days or more prior to Settlement Date. 273 Property Boundaries 274 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal 275 / description, certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Property 1 276 surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural 277 or constructed barriers may or may not represent the true boundary lines of the Property. Any numerical represen- 278 tations of size of property are approximations only and may be inaccurate. 279 Deeds, Restrictions and Zoning 280 Elected Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi- ?i 281 / nances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use of the / 282 Property (such as in-law quarters, apartments, home office, day case) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use. Present use: Residence 284 Lead-Based PaintHazards (For Properties prior to 1978 only) 285 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a 286 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- / 287 ards unless Buyer waives that right. Regardless of whether this inspection is elected or waived, the Residential 288 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 289 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- 291 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 293 Other 294 Elected 295 296 297 The Inspections elected above do not apply to the following existing conditions and/or helms: 298 299 300 12. JiNSPEMON CONTINGENCY (1-10) 301 (A) The Contingency Period is days (10 if not specified) from the Execution Date of this Agreement for each Inspection elect- 302 ed in Paragraph I I (C), except the following: 303 Inspection(s) Contingency Period 304 days 305 days 306 days 307 days 308 (B) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph I I(C) is unsatisfactory to Buyer, Buyer 309 will, within the stated Contingency Period: 310 1. Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this Agreement, OR 311 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 312 Paragraph 22 of this Agreement, OR 313 3. Present the Report(s) to Seller with a Written Corrective Proposal ("Proposal") listing corrections and/or credits desired by Buyer. 314 The Proposal may, but is not required to, include the name(s) of a properly licensed or qualified professional(s) to perform the cor- 315 rections requested in the Proposal, provisions for payment, including retests, and a projected date for completion of the correc- 316 lions. Buyer agrees that Seller will not be held liable for corrections that do not comply with mortgage lender or governmental 317 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal. 318 a. No later than days (5 if not specified) from the and of the Contingency Period(s), Seller will inform Buyer in writ- 319 ing that Seller will: 320 (1) Satisfy all the terms of Buyer's Proposal(s), OR 321 (2) Not satisfy all the terms of Buyer's Proposal(s), OR 322 (3) Negotiate a mutually acceptable written agreement with Buyer, providing for any repairs or improvements to the 323 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any. 324 b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- 325 ment, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 326 Buyer Iai ASR Page 6 of I I Seller Initials: Revised I/10 Produced with ZtpFwnG) by **0* 18010 Mom We Road. Fraser, Michigan 48026 NCB 12 7 Rebert Drive 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 C. If Seller chooses not to satisfy all the terms of Buyer's Proposal and if Buyer and Seller do not enter into a mutually acceptable written agreement, or if Seller fails to choose any option within the time given, Buyer will, within days (2 if not specified): (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this Agreement, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement If Buyer fails to respond within the time stated in Paragraph 12(B)(3xc) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com- pletion date for corrective measures. Within 5 DAYS of receiving Seller's Proposal, or if no Proposal is provided within the stated time, Buyer will notify Seller in writing of Buyer's choice to: 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement, OR 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given by Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the defects, Buyer may, within 5 DAYS of Seller's denial, terminate [Iris Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement If Buyer faits to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement 13. NOTICES, AND WNICIPAL REQUEMAENTS (1-10) (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- ments to Buyer and will notify Buyer in writing that Seller will: 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS that Buyer will: a Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in Paragraph 24 of this Agreement, OR b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement If Buyer fails to respond within the time stated in Paragraph 13(A)(2) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement (B) If required by law, within 30 DAYS from the Execution Date of this Agreement, but in no case later than 15 DAYS prior to Settlement Date, Sellerer at Seller's expense a certification from the appropriate municipal department(s) disclosing notice of any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitting occu- pancy of the Property. If Buyer receives a notice of any required repairstimprovements, Buyer will promptly deliver a copy of the notice to Seller. 1. Within 5 DAYS of receiving notice from the municipality that repahVimprovements are required, Seller will deliver a copy of the notice to Buyer and notify Buyer in writing that Seller will: a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required repairstimprove ments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR b. Not make the required repairs/unprovements. If Seller chooses not to make the required repairs/improvements, Buyer will notify Seller in writing within 5 DAYS that Buyer will: (1) Make the repairs!'unprovements at Buyer's expense, with permission and access to the Property given by Seller, which will not be unreasonably withheld, OR (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 13(BX1)(b) or fails to terminate this Agreement by written notice to Seller within that time. Bayer wilt accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the terms of the notice provided by the municipality. 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 o f th is Agreement. 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph, Seller will perform all repairs/improvernents as required by the notice at Seller's expense. Paragraph 13(B)(3) will survive settlement. Bayer Initials: &?t ASR Page 7 of 11 Seller Initials: Revised 1/10 used with ZpFarn* by zipt_ooix i Bn70 Mom We Road, Frwwr, nsdiignn 46026 www.zoLcdx ... - 1247 Robert Drive 461 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value, or if Seller 462 fails to notify Buyer of settees choice, Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 463 whichever is earlier, that Buyer will: 464 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 465 b. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement 46$ If Buyer fails to respond within the time stated in Paragraph 16(Bx3) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this 469 Agreement. 470 (C) Seller bears the risk of loss from fire or other casualties until settlement If any property included in this sale is destroyed and not 471 replaced prior to settlement, Buyer will: 472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 473 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement 475 17. HOME WARRANTIES (1-10) 476 At or before settlement, either party may purchase a home warranty for the Property from a third-party vendor. Buyer and Seller under- 477 stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 478 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or -certifi- 479 cations that Buyer has elected or waived as part of this Agreement Buyer and Seller understand that a broker who recommends a home 480 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 481 18. RECORDING (9-05) 482 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer 483 causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement. 484 19. ASSIGNMENT (1-10) 485 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna- 486 ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless 487 otherwise stated in this Agreement Assignment of this Agreement may result in additional transfer taxes. 488 20. GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-05) 489 (A) The validity and construction of this Agreement, and the rights and duties of the parties, will be governed in accordance with the 490 laws of the Commonwealth of Pennsylvania. 491 (B) The parties agree that arty dispute, controversy or claim arising under or in connection with this Agreement or its performance by 492 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21. REPRESENTATIONS (1-10) 495 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their 4% licensees, employees, officer, or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 500 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal ro 501 arty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the 502 Property IN ITS PRESENT CONDITION, subject to luspedion contingencies elected in this Agreement. Buyer acknowl- 503 edges that Brokers, their licensees, employees, officers or partners have not made an independent examination or deter- 504 mination of the structural soundness of the Property, the age or condition of the components, environmental conditions, 505 the permitted uses, nor of conditions m1sting in the locale where the Property is situated; nor have they made a mechan- 506 ical inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike mariner. 508 (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. 509 22. DEFAULT, TERMINATION AND RETURN OF DEPOSITS (1-10) 510 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return. of 511 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be 512 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 516 1. If this Agreement is terminataod prior to settlement and there is no dispute over entitlement to the deposit monies. A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 518 2. It after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, direct- 519 ing Broker how to distribute some or all of the deposit monies. 520 3. According to the terms of a final order of court 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) 523 Bayer Initial u ASR Page 9 of 11 Seller laitiais: Revised 1110 Produced with 23PFwno by zlPUW 18070 Fifteen Mks Road, Fraser, Wdvpn 48= yp ,pgu,g 47 Rebert Drive 524 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, the Broker holding the deposit monies will, with- 526 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 528 to the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri- 529 bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por- 530 lion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terns of Paragraph 22 or Pennsylvania 534 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the party naming them in litigation. 536 (E) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: 537 1. Fail to make any additional payments as specified in Paragraph 2, OR 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyer's legal or financial status, OR 540 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise chocked in Paragraph 22(G), Seller may elect to retain those sums paid by Buyer, including deposit monies: 542 1. On account of purchase price, OR 543 2. As monies to be applied to Seller's damages, OR 544 3. As liquidated damages for such default 545 (G) ® .^?EI •t XR IS LBMXD TO RETAINING SUMS PAID BY BUYER, INCLUDING DEPOSIT MONIES, AS LIQUIDATED 546 DAMAGES. 547 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or (G), 548 Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 549 (1) Brokers and licensees are not responsible for unpaid deposits. 550 23. MEDIATION (1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Seilers/Home Buyers Dispute 553 Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation sys- 554 tern offered or endorsed by the local Association of REALTORS. Mediation fees, contained in the mediator's fee schedule, will be 555 divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before 556 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to 557 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see 558 Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive settlement 559 24. RELEASE (9-05) 560 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any 561 OFRICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or 562 through them, from any and dl claims, loess or demands, including, but not limited to, personal injury and property dam- 563 age and all of the consequences thereof, whether )mown or not, which may arise from the presence of termites or other wood- 564 boring Insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the 565 tadiviidnal on-let sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the 566 Property, Should SeUer be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567 don, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This 568 release will survive settlement, 569 25, REAL ESTATE RECOVERY FUND (9-" 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 estate licensee (or a licensee's affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 572 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783- 573 3658 or (800) 822-2113 (within.Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 574 26. COMMUMCATIONS WITH BUYER AND/OR SELLER (1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis- 576 fied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- 578 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- 579 munieation/delivery to a Seller, that provision shall be satisfied by coonmunic ationn/delivery to the Broker for Seller, if any. If there is 580 no Broker for Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller, unless other- 581 wise agreed to by the parties. 582 27, SPECIAL CLAUSES (1-10) 583 (A) The following are part of this Agreement N checked: 584 ? Sale & Settlement of Other Property Contingency Addendum (PAR Form SSP) 585 ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SSP-CM) 586 ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 587 ? Short Sale Addendum to Agreement of Sale (PAR Form SHS) 588 IN Appraisal Contingency Addendum (PAR Form ACA) 589 ? 590 ? 591 ? 592 Bayer Inittalsa ASR Page 10 of 11 Seller initials: Revised 1/10 P-&-d with ZIpForme by dplo9ix 1ao70 Fifteen M4* Road. Fraser, V4Ct19an 4aosa mmmal-ockrom 47 Rebert Drive 593 (B) Additional Terms: 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 616 This Agreement may be executed in out or more counterparts, each of which shall be deemed to be an original and which coun- 617 terparts together shall constitute one and the same Agreement of the Parties. 618 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 620 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures 621 of all parties, constitutes acceptance by the parties. 622 / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 623 §35335. 624 ; / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 625 / Buyer has read and understands the notices and explanatory information in this Agreement. 626 / Buyer has received s Seller's Property Disclosure Statement before signing this Agreement, if required by law 627 (see Information Regarding the Real Estate Seller Disclosure Law). 628 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 629 ,?,? (?( money) before signing this Agreement: 630 Buyer has received the Lead-Based Paint Hazards Wosure, which is attached to this Agreement of Sale, and 631 l the pamphlet Protect Your Family from Lead in Your W9A (for prope I*F4 prior to 1978) 632 WITNESS BUYER DATE 08/03/2010 Roan 1Cioff 1 633 a? , Q„„„, jl B DATE 08/03/2010 Sean 1Cieff liana 6uts!?all 634 WITNESS BUYER DATE 635 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code § 35.336. 636 Seller has received a statement of Seller's estimated closing costa before signing this Agreement. 637 Salter has read and understands the notices and explanatory inform on h1 this eam 638 WITNESS SELLER ,/c?d DATE S ' f D ck L. Woods, Jr. 639 WITNESS SELLER DATE 640 WrfNESS SELLER DATE ASR Page 11 of 11 Revised 1/10 Pm&msd w1h ZlpFonn® by *Lopix 18070 "tow M110 Roi4 Fast, MlddW 48026 W*WZbLQQhL- 1247 Rebert Drive 07/23/2010 08:09 FAY 717,652 91261 HOWARD HANNA AI9Yl1TIoN&ALTERA,'TIONS Hare any additions, structural changes, or other alterations been made to the property V Ain 1a003/008 ourmg Will V W I.LGLJLUjj ; +v a ?? . . If yes, list additions, structural changes, or alterations (use additional sheets if necessary). Approximate date of work Were permits obtained? (Yes/No/Unlmown) Were final inspections/approvals obtained? (Yes/No/Unknown) y 7 ad L? ? dov / Nate to Buyer: The PA Construction Code Act 35 PS. §7210.101 et seq. (effective 2004), and local codes establish standardslor buiMing am aluering properties. Buyers should check with the municipality to determine f permits and/or approvals were necessary for disclosed work and 1 so, whether they were obwmed Where required permits were not obtained the municipality might require the current owner to upgrade or remove changes made by prior owners. Buyers can have the property inspected by an expert in codes compliance to determine if issues exist. Expanded rifle insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval. WATER SUPPLY (a) What is the source of your drinking water? Public Water le well on Property Community Water _ None Other (explain): (b) When was your water last tested? 5 M Test results: If your drinking water source is not public, is the pumping system in working order? _jeges No If "no," explain: (c) Do you have a softener, filter, or other treatment system? __ L'.'res No If you do not own the system, explain: (d) Have you ever had a problem with your water supply? Yes 4/No (e) Has your well ever run dry? Yes _1.,!!!?No Not Applicable (f) Is there a well on the property not used as the primary source of drinking water? Yes ?/No If yes, is the well capped? Yes No (g) Is the water system shared? Yes _L/ No (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and. related items? Yes L^o - qd= any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts: 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 n 78 79 90 61 82 83 84 65 96 97 88 89 90 SEWAGE SYSTEM f?dividual on-lot Sewage Disposal System Sewer bli ? P 91 92 _Aet c u (a) What is the type of sewage system Individual On-lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System 93 Ten-acre Permit Exemption Holding Tank None None Available/Permit Limitations in Effect 94 Other type of sewage system (explain): 95 (b) If Individual On-lot sewage system, what type? Cesspool grainfield Unknown 96 Other (specify): 97 (c) Are there any septic tanks on the Property.? es No Unknown 9s If "yes," what type of tank(s)? Metal/steel _AeCement/concrete Fiberglass Unknown 99 Other (specify): 100 (d) When was the on-site sewage disposal system last serviced? 7- ?- D 9 101 (e) Are there any sewage pumps located on the property? Yes &O-No 102 If yes, type(s) of pump(s) Are pump(s) in working order? - Yes No 103 Who is responsible for maintenance of sewage pumps? 104 (f) Is the sewage system shared? Yes _)!( No 105 (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? _Yes _ No 106 cpiain any "yes" answers in this section, including the location and extent of any problem(s) and arty repair or remediation efforts: 107 toe ?. PLUMBING SYSTEM 109 (a) Type of plumbing (check all that apply): ?opper Galvanized Lead _VC Polybutylene pipe (PB) .o Mixed Unknown Other (explain): (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: room fixtures; wet bars; etc.)? Yes ? No If "yes," explain: DOMESTIC WATER HEATIN 114 115 (a) Type of water heating: _ Electric Naftnai Gas A oil _ Propene -sow _ SUMmW j2ter Hook-Up 116 other (explain): (b) Are you aware of any problems with any water PLAI11i MPS Yes No If "yes," explain: EXHIBIT lyer liaitials: Date lw ? Seller Initials: kitchen, laundry, or bath-112 113 117 118 119 Date 7-Z /-/e 120 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 14. CONDObEDGUMMLANNED COMMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE (1-10) Property is NOT a Condominium or part of a Planned Community unless checked below. ? CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 3407 of the Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and the rules and regulations of the association. ? PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act. THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OFACONDOMIlVIUM OR A PLANNED COMMUNITY. (A) Within 15 DAYS from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that the association is required to provide these documents within 10 days of Seller's request. (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- ciation in the Certificate. (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and for 5 days after receipt, OR until settlement, whichever occurs first Buyer's notice to Seller must be in writing, upon Buyer declaring this Agreement void, all deposit monies will be returned to Buyer according to the terns of Paragraph 22 of this Agreement. (D) If the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, and any costs incurred by Buyer for. (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender. 15. TITLES, SURVEYS AND COSTS (1-10) (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the rog- ular rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing deed restrictions; historic preservation restrictions or ordinances, building restrictions; ordinances; easements of roads; easements visible upon the ground; easements of record; and privileges or rights of public service companies, if any. (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees and charges paid in advance to mortgage lender, (4) Buyer's customary settlement costs and accruals. (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal description of the Property (or the correction thereof) will be obtained and paid for by Seller. Any survey or surveys desired by Buyer or required by the mortgage lender will be obtained and paid for by Buyer. (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and for those items spec- ified in Paragraph IS(B) items (1), (2), (3) and in Paragraph 15(C). (E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below: ? Seller does not own all subsurface rights to the property. ? Oil, Gas and Mineral Right Addendum (PAR Form OGM) is attached. (F) COAL NOTICE (Where Applicable) THIS DOMIMENr MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL Alm IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com- plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. (G) The Property is not a "recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see Notice Regarding Recreational Cabins): 16. MAINTENANCE AND RISK OF LOSS (1-10) (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con- dition, normal wear and tear excepted. (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 1. Repair or replace the failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to: a Credit Buyer at settlement for the fair market value of the failed system or appliance, as acceptable to the mortgage lender, if any, OR Jb.N air or replace the failed system or appliance, and not credit Buyer at settlement for the fair market v lue of the or appliance. Bayer Iaftfals: ASR Page 8 of 11 Seller Initials: Revised 1110 7 Pro&=d with ZipFmnO by zoo opix 10070 Fifteen Mite Road, Fnmr, ht d*W 411025 uimL4aLagkjwm 1247 Rebert Drive James L. Goldsmith, Esquire Attorney I.D. #27115 David J. Evenhuis, Esquire Attorney I.D. #308120 Caldwell & Kearns 3631 North Front Street a .l ?+ } ?jjr 4 F2M"PR I 1 AM 11. 2E 4"U BERLA D COUNT-, PENNSYLVANIA Harrisburg, PA 17110 Attorneys for Defendants Homesale Real Estate Services, Inc. d1b/a Prudential Homesale Services Group and Sean Kie[L BRYAN ANNEL., and JULIEANN GUTSHALL, Plaintiffs, V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE: SERVICES, INC. d/b/a PRUDENTIAL HOMESALE SERVICES GORUP, and SEAN KIEFF, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2012-1995-CV Civil Action-Law Jury Trial Demanded PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendants Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group and Sean Kieff in the above-captioned matter. Respectfully submitted, Dated: April 10, 2012 By: , James oldsmith, Esquire -Atto'mey I.D. #27115 David J. Evenhuis, Esquire Attorney I.D. #308120 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 - (717) 232-2766 (fax) joldsmith@CKLegal.net devenhuis@CKLegal.net Attornevs for Defendants Homesale Real Estate Services Inc. d/b/a Prudential Homesale Services Group and Sean Kieff CERTIFICATE OF SERVICE AND NOW, this 10th day of April, 2012, I hereby certify that I have served a copy of the Praecipe for Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Drew F. Deyo, Esquire Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs Christopher Detweiler Howard Hanna 3310 Market Street Camp Hill, PA 17011 Defendant Howard Hanna Real Estate Services, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant Jack Woods 4301 Martinique Circle, #12 Mechanicsburg, PA 17055 Defendant Linda Harper Howard Hanna 5137 Devonshire Road Harrisburg, PA 17112 Defendant Hanna Holdings, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant CALDWELL & KEARNS By: 06613-018/188947 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' Sheriff 44tttt i,t,r ?7t6 Jody S Smith ` cn _ -- Chief Deputy Richard W Stewart Solicitor Bryan Allen Case Number vs. Christopher Detweiler (et al.) 2012-1995 SHERIFF'S RETURN OF SERVICE 03/29/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Linda Harper, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/29/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lancaster County, Pennsylvania to serve the within Complaint and Notice according to law. 04/02/2012 01:30 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 2, 2012 at 1330 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christopher Detweiler, by making known unto Brinda Albright, Realtor for Howard Hanna Real Estate Services at 3310 Market Street, Camp Hill, Cumberland County, Pe?nnsylvania 17011 its contents and at the same time handing to her personally the said true and correct qo6 of a same. WILLIAM CLINE, DEPUTY 04/02/2012 01:32 PM - William Cline, Corporal, who being duly sworn according to law, states that on April 2, 2012 at 1332 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sean Kieff, by making known unto himself personally, at 3435 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. /,/-/ITZ ILLIAM CLINE, DEPUTY 04/03/2012 11:15 AM - Lancaster County Return: And now April 3, 2012 at 1115 hours I, Mark Reese, Sheriff of Lancaster County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group by making known unto Peggy Scott, Controller for Homesale Real Estate Services, Inc. at 215 S. Centerville Road, Lancaster, Pennsylvania 17603 its contents and at the same time handing to her personally the said true and correct copy of the same. 04/03/2012 10:18 AM - Dauphin County Return: And now April 3, 2012 at 1018 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda Harper by making known unto herself personally, at 5137 Devonshire Road, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $124.45 April 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF :_.;t P `7''7 x SHERIFF'S OFFICE OF CUMBERLAND COUNTY ra Ronny R Anderson Sheriff ro fD Jody S Smith Richard W Stewart Chief Deputy _ Solicitor rr Bryan Allen Case Number r vs. Christopher Detweiler (et al.) 2012-1995 N O N iz N 4 0 X W M O ?D ti r Q a. 0 W U) Q U Z J 0 Q O W w J J_ w z w U vi W) N SERVICE COVER SHEET Service Details: Category: Civil Action - Complaint & Notice Zone: Manner. Deputize Expires: I 04/27/2012 Warrant: Notes: Serve Upon: Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group Serve To: Name: Homesale Real Estate Services, Inc. Primary 215 S. Centerville Road Address: Lancaster, PA 17603 Phone: DOB: Alternate Address: Phone: Attomey / Originator Name: Drew F. Deyo Served. Personally Ad n harge Posted Other Adult In Charge: I JOE C C, y SC' o -f 7- Relation: Date: Time: Deputy: SS4 A: ?,. eager 2- Phone: 717-241-6070 155 S+auth Hanover St., Carl igle PA 17013 Date: [ f /.Z- Time: ??/SAM ! N Mileage: A :k Deputy: I /)I A,'-/ Notes / Special fnStruetk diS: n w RIF 6872 $150.00 $36.50 M L C c, `_-A- Co I L Z ?v Z 1 ?,`l 3ti= C_ ?L W ? (c.5 2 w I w Now, March 29, 2012 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Lancaster County to w execute service of the documents herewith and make return thereof according to law. J Q u) Return To: W ? Cumberland County Sheriff's Office ?... = One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff I N A (j)JUrf- of the,*4err ff William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LINDA HARPER Sheriff s Return No. 2012-T-1009 OTHER COUNTY NO. 2012-1995 And now: APRIL 3, 2012 at 10:18:00 AM served the within NOTICE & COMPLAINT upon LINDA HARPER by personally handing to LINDA HARPER 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 5137 DEVONSHIRE ROAD HARRISBURG PA 17112 Sworn and subscribed to before me this 4TH day of April, 2012 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 BRYAN ALLEN & JULIEANN GUTSHALL VS So Answers, Sheriff of Da65him-? By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 4/2/2012 James L. Goldsmith, Esquire Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorneys for Defendants Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Groun and Sean Kieff t. r IbERLAND COUNTY P ENYlS Yp Ala°?1.a BRYAN ALLEN., and IN THE COURT OF COMMON PLEAS JULIEANN GUTSHALL, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : No. 2012-1995-CV JACK WOODS, CHRISTOPHER DETWEILER, : Civil Action-Law LINDA HARPER, HOWARD HANNA REAL : Jury Trial Demanded ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE: SERVICES, INC. d/b/a PRUDENTIAL HOMESALE SERVICES GROUP, and SEAN KIEFF, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance, Thomas S. Lee, Esquire, on behalf of Defendants Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group and Sean Kieff in the above-captioned matter. Respectfully submitted, Dated: April 13, 2012 By: - '??] James L. Goldsmith, Esquire Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 - (717) 232-2766 (fax) joldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Defendants Homesale Real Estate Services. Inc. d/b/a Prudential Homesale Services Group and Sean Kieff CERTIFICATE OF SERVICE AND NOW, this 13th day of April, 2012, I hereby certify that I have served a copy of the Praecipe for Entry of Appearance on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Drew F. Deyo, Esquire Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs Christopher Detweiler Howard Hanna 3310 Market Street Camp Hill, PA 17011 Defendant Howard Hanna Real Estate Services, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant Jack Woods 4301 Martinique Circle, #12 Mechanicsburg, PA 17055 Defendant Linda Harper Howard Hanna 5137 Devonshire Road Harrisburg, PA 17112 Defendant Hanna Holdings, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant CALDWELL & KEARNS By: 06613-018/189071 James L. Goldsmith Attorney I.D. No. 27115 Thomas S. Lee Attorney I.D. No. 89440 3631 North Front Street Harrisburg, PA 17110 717-232-7661 BRYAN ALLEN and JULIEANN ALLEN 1247 Rebert Drive Mechanicsburg, PA 17055 Plaintiffs V. JACK WOODS 4301 Martinique Circle #L2 Coconut Creek, Florida 33066-1451 and CHRISTOPHER DETWEILER, LINDA HARPER, 3310 Market Street Camp Hill, PA 17011 HOWARD HANNA REAL ESTATE SERVICES, INC 119 Gamma Drive Pittsburgh, PA 15238 and HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP 215 South Centerville Road Lancaster, PA 17603 SEAN KIEFF 3435 Market Street Camp Hill, PA 171011 Defendants Cl) 0 °rt -?C C1D 44C:) xca Attorneys for Defendants Homesale Real Estate Services, Inc. and Sean Kieff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-CV-423 JURY TRIAL DEMANDED NOTICE TO PLEAD TO: BRYAN ALLEN and JULIEANN GUTSHALL c/o/ Drew F. Deyo, Esq. Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 Your are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. CALDWELL & KEARNS, P.C. By. James L. Goldsmith Attorney I.D. No. 27115 Thomas S. Lee Attorney I.D. No. 89440 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys.for Defendants Homesale Real Estate Services, Inc. and Sean Kieff DATED: April 18, 2012 BRYAN ALLEN and JULIEANN ALLEN 1247 Rebert Drive Mechanicsburg, PA 17055 Plaintiffs V. JACK WOODS 4301 Martinique Circle #L2 Coconut Creek, Florida 33066-1451 and CHRISTOPHER DETWEILER, LINDA HARPER, 3310 Market Street Camp Hill, PA 17011 HOWARD HANNA REAL ESTATE SERVICES, INC 119 Gamma Drive Pittsburgh, PA 15238 and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010-CV-423 JURY TRIAL DEMANDED HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP 215 South Centerville Road Lancaster, PA 17603 SEAN KIEFF 3435 Market Street Camp Hill, PA 171011 Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS HOMESALE REAL ESTATE SERVICES. INC. AND SEAN KIEFF TO THE COMPLAINT OF BRIAN ALLEN AND JULIEANN GUTSHALL AND NOW comes the Defendants Homesale Real Estate Services, Inc. and Sean Kieff, in his capacity as a licensed real estate salesperson, affiliated with Homesale Real Estate Services, Inc., and files the within Preliminary Objections to Plaintiffs' Complaint; and in support thereof, aver as follows: I . Plaintiffs Brian Allen and Julieann Gutshall ("Plaintiffs") initiated the present action by filing a Complaint on March 28, 2012, naming Jack Woods ("Woods"), Christopher Detweiler, Linda Harper and Howard Hanna Real Estate ("Hanna") and Homesale Real Estate Services, Inc., d/b/a Prudential Homesale Services Group ("Prudential") and Sean Kieff ("Kieff') as Defendants. The Complaint alleges that Woods was the seller of a residential property at 1247 Rebert Drive, Mechanicsburg, Pennsylvania. Complaint at ¶ 13. The Complaint alleges that Christopher Detweiler is an individual who works for Howard Hanna Real Estate (Listing Brokerage) and that Linda Harper (selling agent) is an employee of Howard Hanna. Complaint at ¶4 and ¶S. 4. The Complaint alleges that Prudential (buyers' brokerage) employed Kieff (buyers' agent). Complaint at ¶9 and ¶12. The Complaint alleges that residential property at 1247 Rebert Drive was sold pursuant to a written offer in the form of a Standard Agreement for the Sale of Real Estate. Complaint, Exhibit A. 1. MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT COUNT I- BREACH OF CONTRACT 6. The Complaint alleges that Prudential (buyers' brokerage) employed Kieff (buyers' agent). Complaint at ¶9 and ¶12. 7. Plaintiffs' Complaint purports to allege an agency relationship established by either an oral or written contract. However, the Complaint fails to set forth whether the agreement or agreements are oral or written agreement as required by Pennsylvania Rule of Civil Procedure 1019(h). PaR.C.P. 1019(h). 8. Plaintiffs' Complaint also does not attach the writing or writings to plead the claim for breach of contract as required by Pennsylvania Rule of Civil Procedure 1019(i). Pa.R.C.P. 1019(i). WHEREFORE, Objecting Defendants Prudential and Kieff respectfully requests that, pursuant to Rule 1028(a)(2), this Honorable Court SUSTAIN their Preliminary Objections in the nature of a Motion to Strike Count I of Plaintiffs' Complaint. II. DEMURRER TO COUNT I - BREACH OF CONTRACT 9. Count I of the Complaint is purported to sound in "breach of contract." 10. In order for there to be a breach of contract a complaint must allege (1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract, and (3) resultant damages. Corestates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa. Super. 1999). 11. In order to form an enforceable contract, there must be an offer, acceptance and consideration or mutual meeting of the mind. Schreiber v. Olan Mills, 627 A.2d 806, 808 (Pa. Super. 1993). 12. Plaintiffs have failed to plead the essential terms of the contract since there are no averments as to whether the contract was an oral contract or a written contract, the offer, the acceptance and the consideration. Plaintiffs have also failed to plead the duty or duties imposed by the contract and the resultant damages. 13. Count I of Plaintiffs' Complaint fails to clearly state a claim for breach of contract for which relief can be granted under any theory of law. WHEREFORE, Objecting Defendants respectfully request that this Honorable Court SUSTAIN their Preliminary Objections in the nature of a Demurrer, and DISMISS Count I of Plaintiffs' Complaint with prejudice. III. DEMURRER TO COUNT II - FRAUDULENT MISREPRESENTATION COUNT III - NEGLIGENT MISREPRESENTATION 14. Count II of the Complaint is purported to sound in "fraudulent misrepresentation," and Count III of the Complaint is purported to sound in "negligent misrepresentation." 15. Plaintiffs' tort claims are barred by the gist of the action doctrine. 16. The gist of the action doctrine precludes plaintiffs from re-casting ordinary breach of contract claims into tort claims. Mirzio v. Joseph, 4 Aid. 1073, 1080 (Pa. Super. 2010). 17. The gist of the action doctrine does not bar a misrepresentation claim where the Complaint pleads that the fraud stems from a fraudulent inducement to enter into a contract. Sullivan v. Chartwell Investment Partners, 873 A.2d 710, 719 (Pa. Super. 2005). 18. The Complaint purports to allege a breach of contract between Plaintiffs and buyers' brokerage, buyers' real estate salesperson agent, and the corresponding buyer agency agreement between these perceived parties. 19. Plaintiffs' Complaint does not plead that Plaintiffs were induced to enter into a buyer agency agreement with Objecting Defendant Kieff. 20. An additional basis for dismissal is Plaintiffs' failure to plead the elements for fraud or intentional misrepresentation which are: (1) a representation; (2) which is material to the transaction at hand; (3) which is made falsely, with knowledge of its falsity or recklessly as to whether it is true or false; (4) with intent of misleading another into relying on it; (5) justifiable reliance on the misrepresentation; and (6) any resulting injury was proximately caused by the reliance. Bortz v. Noon, 729 A.2d 555, 560 (Pa. 1999). 21. Pursuant to Pennsylvania Rule of Civil Procedure 1019(b), averments of fraud must be set forth with particularity. Pa.R.C.P. 1019(b). 22. Pursuant to Pennsylvania Rule of Civil Procedure 1019(f), averments of time, place and items of special damages shall be specifically stated. Pa.R.C.P. 1019(f). 23. To maintain an action for fraud, a complaint must adequately explain the nature of the claim to the opposing party so as to permit him to prepare a defense and they must be sufficient to convince a court that the averments are not merely subterfuge. Bata v. Central-Penn Nat. Bank of Phila., 224 A.2d 174, 179 (Pa. 1966). 24. Plaintiffs' Complaint fails to sufficiently set forth the basis of their claim that Objecting Defendants had knowledge of the alleged defect. 25. Plaintiffs' Complaint fails to allege the time and place that Objecting Defendants allegedly made false representations. 26. Plaintiffs' Complaint fails to set forth facts alleging how and why Objecting Defendants knew that the alleged misrepresentation was false. 27. Plaintiffs' Complaint fails to plead that they justifiably relied upon any oral representations made by Objecting Defendants. 28. Under Pennsylvania law, a claim for negligent misrepresentation requires proof of. (1) a misrepresentation of a material fact; (2) made under the circumstances of which the representer ought to have known of its falsity; (3) with the intent to induce another to act on it; and (4) which results in injury to a party acting in justifiable reliance on the representation. Bortz v. Noon, 729 A. 2d at 561. 29. As set forth in Objecting Defendants' Demurrer to Count II of Plaintiffs' Complaint, Plaintiffs fail to allege facts under which Objecting Defendants should have known of the defect alleged in Plaintiffs' Complaint. 30. As set forth in Objecting Defendants' Demurrer to Count II of Plaintiffs' Complaint, Plaintiffs fail to allege facts that they justifiably relied on any oral representation allegedly made by Objecting Defendants. 31. Count II and Count III of Plaintiffs' Complaint fails to clearly state a claim for fraudulent misrepresentation and negligent misrepresentation for which relief can be granted under any theory of law. WHEREFORE, Objecting Defendants respectfully request that this Honorable Court SUSTAIN their Preliminary Objections in the nature of a Demurrer, and DISMISS Count II and Count III of Plaintiffs' Complaint with prejudice. IV. DEMURRER TO COUNT VII - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 32. Count VII of the Complaint is purported to sound in "violation of the Unfair Trade Practices and Consumer Protection Law (hereinafter "UTPCPL") ," based upon the unreported opinion of Glover v. Deem, 74 Pa.D&C.4th 175, 2005 WL 3008177 (C.P. Washington Co. 2005). 33. Plaintiffs Complaint fails to set forth with particularity what section of the UTPCPL Objecting Defendants allegedly violated. 34. A claim for violation of the UTPCPL requires the Plaintiff to plea and prove the elements of fraudulent conduct or deceptive conduct. Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC, 2012 WL 698132, A.3d _, 2012 PA Super 60 (2012). 35. A buyer of real estate can not bring a UTPCPL claim against buyer's broker since buyer purchased nothing from the buyer's broker. Schwarzwaelder v. Fox, 895 A.2d 614 (Pa. Super. 2006). 36. The Superior Court in Schwarzwaelder noted that a paid real estate commission to a buyers' broker does not constitute a purchase or lease pursuant to 73 P.S. §201.9.2(a)(right to private actions under the UTPCPL). 37. Plaintiffs' Complaint fails to provide sufficient facts to allow this Honorable Court to determine that any fraudulent conduct by Objecting Defendants occurred. 38. Plaintiffs' Complaint fails to provide sufficient facts to allow this Honorable Court to determine that any deceptive conduct occurred. 39. Plaintiffs' Complaint fails to provide sufficient facts to allow this Honorable Court to determine that a private cause of action against Objecting Defendants for which relief can be granted under any theory of law. WHEREFORE, Objecting Defendants respectfully request that this Honorable Court SUSTAIN their Preliminary Objections in the nature of a Demurrer, and DISMISS Count VII of Plaintiffs' Complaint with prejudice. IV. PRIOR AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION 40. Plaintiffs' Standard Agreement for the Sale of Real Estate with Defendant Woods includes a clause requiring the parties to bring all actions arising out of that contract to mediation prior to filing litigation. See Complaint Exhibit A ¶23. 41. Accordingly, Plaintiffs have failed to meet a pre-condition to their action by failing to engage in mediation. WHEREFORE, Objecting Defendants Prudential and Kieff respectfully request that, pursuant to Rule 1028(a)(6), this Court stay the present action pending mediation as required under Plaintiffs' contract with Defendant Woods. Respectfully submitted, CALDWELL & KEARNS, P.C. By: James T. Goldsmith Attorney I.D. No. 27115 Thomas S. Lee Attorney I.D. No. 89440 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Defendants Homesale Real Estate Services, Inc. and Sean Kieff DATED: April 18, 2012 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Drew F. Deyo, Esquire Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs Jack Woods 4301 Martinique Circle, #12 Mechanicsburg, PA 17055 Defendant Christopher Detweiler Howard Hanna 3310 Market Street Camp Hill, PA 17011 Defendant Howard Hanna Real Estate Services, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant Linda Harper Howard Hanna 5137 Devonshire Road Harrisburg, PA 17112 Defendant Hanna Holdings, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant CALDWElELL & KEARNS, P.C. By: il : Thomas S. Lee Attorney I.D. No. 89440 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Defendants Homesale Real Estate Services, Inc. and Sean Kieff DATED: April 18, 2012 06613-018/189197 ?? ? ?_. L 1- a ucT a k a.? i 14 ' I IlN0 ?r9i\ PEHINSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYAN ALLEN AND JULIEANN GUTSHALL, CIVIL ACTION - LAW Plaintiffs, V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., DB/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF, NO.: 2012-1995 PRAECIPE FOR APPEARANCE Defendants. FILED ON BEHALF OF DEFENDANTS, CHRISTOPHER DETWEILER, LINDA. HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., and HOWARD HOLDINGS, INC. COUNSEL OF RECORD FOR THIS PARTY: KRISTA M. KOCHOSKY, ESQUIRE PA I.D. No. 80692 O'MALLEY & MAGLEY, L.L.P. 5280 STEUBENVILLE PIKE PITTSBURGH, PA 15205 (412) 788-1200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYAN ALLEN AND JULIEANN CIVIL ACTION - LAW GUTSHALL, Plaintiffs, V. JACK WOODS, CHRISTOPHER NO.: 2012-1995 DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF, Defendants. PRAECIPE FOR APPEARANCE TO: PROTHONOTARY KINDLY ENTER the appearance of Krista M. Kochosky, Esquire and O'Malley & Magley, L.L.P. as counsel of record for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc., in the above-captioned action. Respectfully submitted, O'MALLEY & MAGLEY, L.L.P. By: STA M. KOCHOSKY, ESQUIRE PA I.D. No. 80692 5280 Steubenville Pike Pittsburgh, PA 15205 (412) 788-1200 Counsel for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served via U.S. Mail, postage prepaid, this 20th day of April 2012 upon the following: DREW F. DEYO, ESQUIRE STEVEN R. SNYDER, ESQUIRE ROMINGER & ASSOCIATES 155 SOUTH HANOVER STREET CARLISLE, PA 17013 (Counsel for Plaintifj) THOMAS S. LEE, ESQUIRE CALDWELL & KEARNS 3631 NORTH FRONT STREET HARRISBURG, PA 17110-1533 (Counsel for Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group and Sean Kieff) O'MALLEY & MAGLEY, L.L.P. By: KRISTA M. KOCHOSKY, ESQUI V\j Counsel for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc. Is 4 t r .... a r , ... j S a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYAN ALLEN AND JULIEANN GUTSHALL, Plaintiffs, V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF, Defendants. To: Drew F. Deyo, Esq. And Plaintiffs, Bryan Allen and JulieAnn Guts You are re otified to file a written response the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a judgment may be entered against you. CIVIL ACTION - LAW NO.: 2012-1995 PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT FILED ON BEHALF OF DEFENDANTS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., and HOWARD HOLDINGS, INC. COUNSEL OF RECORD FOR THIS PARTY: KRISTA M. KOCHOSKY, ESQUIRE PA I.D. No. 80692 O'MALLEY & MAGLEY, L.L.P. 5280 STEUBENVILLE PIKE PITTSBURGH, PA 15205 (412) 788-1200 t t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYAN ALLEN AND JULIEANN CIVIL ACTION - LAW GUTSHALL, Plaintiffs, V. NO.: 2012-1995 JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., DB/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF, Defendants. PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, come Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc. and Howard Holdings, Inc. (hereinafter referred to as the "Moving Defendants"), by and through their counsel, Krista M. Kochosky, Esquire and O'Malley & Magley, L.L.P., and file the following Preliminary Objections to Plaintiffs' Complaint: 1. STATEMENT OF FACTS 1. This is a civil action arising out of the sale of residential property located at 1247 Rebert Drive, Mechanicsburg, Pennsylvania between Plaintiffs-Buyers and Co-Defendant-Seller, Jack Woods, which closed on September 29, 2010. See Complaint at paragraph 16, a true and correct copy of the Complaint is attached hereto and marked as Exhibit A. 2. Plaintiffs agreed to purchase the property pursuant to a Standard Agreement for the Sale of Real Estate, attached to the Complaint as Plaintiffs' Exhibit A. See Complaint, paragraph 15. r x 3. The Standard Agreement of Sale is between Plaintiffs and Co-Defendant Woods exclusively. 4. Plaintiffs had their own real estate broker and agent acting on their behalf for purposes of this sale, namely Co-Defendants Prudential Homesale Services Group and Sean Kieff. 5. The Moving Defendants had no contractual relationship with Plaintiffs; rather, Moving Defendants were acting solely as the listing real estate broker and agent. 6. Plaintiffs were made aware of the fact that the sale property had an individual on lot sewage disposal system which consisted of a septic tank and a drainfield. See Seller Disclosure Statement, a single page to which is attached to the Complaint as Plaintiffs' Exhibit B. 7. By way of the Standard Agreement of Sale, Plaintiffs were afforded an opportunity to make the sale contingent upon a satisfactory inspection of the on-lot sewage disposal system on the sale property. Specifically, the Agreement reads: On-lot Sewage (If Applicable) Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified professional inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to, and empty the individual on-lot sewage disposal system. Seller will restore the Property to its previous condition, at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot Sewage Inspection Contingency... (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within days (25 if not specified) of receiving the Report, submit a Proposal to Buyer. The Proposal will include, but not be limited to, the name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected completion date for corrective measures. Within 5 DAYS of receiving Seller's 2 r Proposal, or if no Proposal is provided within the stated time, Buyer will notify Seller in writing of Buyer's choice to: 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement, OR 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement, OR 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement. If required by any mortgage lender and/or any governmental authority, Buyer will correct the defects before settlement or within the time required by the mortgage lender and/or governmental authority, at Buyer's sole expense, with permission and access to the Property given by Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the defects, Buyer may, within _ 5 DAYS of Seller's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. If Buyer fails to respond within the time stated in Paragraph 12(C) or fails to terminate this Agreement by written notice to Seller within that time, Buyer will accept the property and agree to the RELEASE in Paragraph 24 of this Agreement. See Agreement of Sale, pages 6-7, attached to Complaint as Plaintiffs' Exhibit A. 8. Plaintiffs waived the available on-lot sewage disposal system inspection contingency. See Agreement of Sale, page 6, attached to Complaint as Plaintiffs' Exhibit A. 9. Further, Plaintiffs agreed that subject to the inspection contingencies elected by them in the Agreement, they were purchasing the property "IN ITS PRESENT CONDITION." The Agreement reads: 21. REPRESENTATIONS (1-10) (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically listed herein) before signing this Agreement or has waived the right to 3 Y do so, and agrees to purchase the Property IN ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems contained therein. See Agreement of Sale, page 9, attached to Complaint as Plaintiffs ' Exhibit A. 10. Further still, Plaintiffs agreed the Agreement of Sale was an integrated contract, and they were not purchasing the property based on any representations of the Moving Defendants, specifically the Seller's real estate or broker. The Agreement reads: 21. REPRESENTATIONS (1-10) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, officer or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing executed by the parties. See Agreement of Sale, page 9, attached to Complaint as Plaintiffs' ExhibitA. 11. Last relative to the face of the subject Agreement of Sale, Plaintiffs agreed that if there was any dispute or claim arising from their purchase of the property they would submit the matter to Mediation as detailed in the Agreement. The Agreement reads: 23. MEDIATION (1-10) Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, to mediation. 4 Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of the mediation system offered or endorsed by the local Association of REALTORS. Mediation fees, contained in the mediator's fee schedule, will be divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding (see Notice Regarding Mediation). Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. See Agreement of Sale, page 10, attached to Complaint as Plaintiffs' Exhibit A. 12. Yet despite the above terms of the subject Agreement, Plaintiffs have filed the civil action, sub judice, asserting a claim arising from their purchase of the property, specifically claiming that the property has a defective on lot sewage disposal system, and this fact was known but undisclosed by all of the Defendants, including not only the Seller, but also the Moving Defendants, and the Plaintiffs' real estate agent and broker. See Complaint, paragraph 18 pertinent to Moving Defendants. 13. The lone fact pled by Plaintiffs to state their claims that they were defrauded by all of the Defendants into purchasing the property is that the Seller did not disclose any problem with the on lot sewage disposal system on his Seller Disclosure Statement. See Seller Disclosure Statement, a single page to which is attached to the Complaint as Plaintiffs' Exhibit B. 14. There are no factual averments supporting any of Plaintiffs' claims that the Moving Defendants had any knowledge of any defective condition to the on lot sewage disposal system; that they in any way precluded any pre-closing inspection of the system by the Plaintiffs; 5 or that they made any knowing or deceptive misrepresentation to Plaintiffs regarding the condition of the system to induce Plaintiffs to act. 15. Accordingly, the Complaint is devoid of sufficient facts to state a claim for Fraudulent Misrepresentation set forth in Count II of the Complaint; Common Law Fraud set forth in Count IV of the Complaint; Willful Violation of the Real Estate Seller Disclosure Law (RESDA), 68 Pa.C.S. 7303 set forth in Count VI of the Complaint; or Intentional or Deceptive Practices in Violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201- 2, set forth in Count VII of the Complaint. 16. There are also no factual averments supporting any of Plaintiffs' claims that the Moving Defendants assumed a duty of care to Plaintiffs to inspect the physical condition of the on lot sewage disposal system or to verify any representations made by the Seller in the Seller Disclosure Statement to support a claim of common law negligence via Count V of the Complaint. 17. Based on the defects in the Complaint, the Moving Defendants hereby file Preliminary Objections pursuant to PaRCP 1028(a)(2); 1028(a)(3); 1028(a)(4) and 1028(a)(6). II. PRELIMINARY OBJECTIONS 1. PRELIMINARY OBJECTION TO DISMISS THE COMPLAINT PURSUANT TO PARCP 1028(A)(6) BASED ON AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION 18. As a matter of public policy, Pennsylvania courts favor the settlement of disputes by alternative dispute resolution (ADR). Goral v. Fox Ridge, Inc., 453 Pa. Super. 316, 321, 683 A.2d 931, 933 (1996), citing Elkins & Co. v. Suplee, 371 Pa.Super. 570, 538 A.2d 883 (1988), citing Waddell v. Shriber, 465 Pa. 20, 348 A.2d 96 (1975). Dismissal of a civil action in favor of ordering submission of dispute to the ADR process, which was agreed upon by the parties' in 6 a subject agreement of sale of real estate, is the appropriate action. Herre Bros, Inc. v. Cinemagic, No. 04-5504, Cumberland County CCP 2006, a copy of which is attached hereto. 19. The scope of matters submitted to ADR depends upon the agreement of the parties. Giant Markets, Inc. v. Sigma Marketing Systems, Inc., 313 Pa.Super. 115, 459 A.2d 765 (1983). If the agreement contains no particular limitation, the courts will not impose such a limitation. Id citing Kardon v. Portare, 466 Pa. 306, 353 A.2d 368 (1976). 20. Inclusion of a fraud claim in connection execution of the contract which contained the agreement to submit to ADR process does not negate the obligation of plaintiff to go to ADR. Young v. McNaughton, No. 06-5759, Cumberland County CCP 2007, a copy of which is attached hereto. 21. In the present matter, Plaintiffs agreed to submit any dispute arising out of their purchase of the property to Mediation, with no limitation. See Agreement of Sale, page 10, attached to Complaint as Plaintiffs' Exhibit A, MEDIATION (1-10) quoted above. The inclusion of fraud claims in this action arising out of their purchase of the property does not defeat Plaintiffs' obligation to submit to the ADR process. WHEREFORE, pursuant to PaRCP 1028(a)(6), Moving Defendants respectfully request dismissal of this action and an order that Plaintiffs submit their claim against the Seller in Mediation as agreed upon. 2. PRELIMINARY OBJECTION TO DISMISS COUNTS II, IV, VI, and VII OF THE COMPLAINT PURSUANT TO PARCP 1028(A)(2) and (A)(3) FOR FAILURE TO PLEAD WITH SUFFICIENT SPECIFICITY 22. The Pennsylvania Rules of Civil Procedure require that "(a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." 7 f 1 Pa.R.C.P. 1019(a). A complaint must give the defendant notice of what the plaintiffs claim is and the grounds for that claim, the complaint must formulate the issues by summarizing the essential facts that support the claim, as well as adequately explain the nature of the claim to the opposing party to permit preparation of a defense. Youndt v. First National Bank of Port Allegany, 868 A.2d 539, 544 (Pa. Super. 2005) (citing Sevin v. Kelshaw, 417 Pa. Super. 1, 7, 611 A.2d 1232, 1235 (1992); Castle Cheese v. Sadler, 81 Pa. D. & CAth 157,162 (Com. Pl. 2007). 23. This is particularly true when it comes to claims based on notions of fraud. Pa.R.C.P. 1019(b). 24. Four of the Counts in the Complaint set forth, at best, conclusory claims that the Moving Defendants have acted in fraudulent or deceptive nature towards Plaintiffs: Count II for Fraudulent Misrepresentation; Count IV for Common Law Fraud; Count VI for Willful Violation of the Real Estate Seller Disclosure Law (RESDA), 68 Pa.C.S. 7303; and Count VII for Intentional or Deceptive Practices in Violation of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201-2. 25. The Complaint is devoid of facts to support any of these Counts. 26. Even a liberal reading of the Complaint does not allow for interpretation of any of the averments to state the requisite elements for these Counts. 27. Particularly with claims sounding in fraud, a critical element is justifiable reliance on the alleged representation with provable damages resulting from the justifiable reliance. Bowman v. Meadowridge, Inc., 615 A.2d 755 (Pa. Super. 1992), and Bortz v. Noon, 556 Pa. 489, 729 A.2d 555 (1999). 8 I f 28. Plaintiffs agreed to purchase the property based on their own inspections, and not in reliance on any representation made by the Seller's real estate agent or broker. See Agreement of Sale, pages 6, 7, 9 and 10 quoted above. 29. Accordingly, Plaintiffs have not and cannot establish the requisite elements of justifiable reliance to warrant sustaining any count based in fraud. WHEREFORE, pursuant to PaRCP 1028(a)(2) and 1028(a)(3), Moving Defendants respectfully request dismissal of Counts II, IV, VI, and VII. 3. PRELIMINARY OBJECTION TO DISMISS COUNT V OF THE COMPLAINT PURSUANT TO PARCP 1028(A)(4) IN NATURE OF DEMURRER 30. Count V is for Common Law Negligence. 31. The Complaint by way of Count V attempts to plead a cause of action against the Moving Defendants for failing to determine and disclose alleged inaccuracies in the Seller Disclosure Statement prepared by the seller. Pennsylvania law does not recognize such a cause of action. 32. Pennsylvania law provides that a realtor has no duty to conduct an independent inspection or examination of sale property. There can be no liability against a realtor for misrepresentation of a property defect unless the realtor had actual knowledge of the defect and did not disclose it to an unsuspecting buyer. It is and has been well settled that real estate agents have a duty to disclose to an unknowing buyer only those serious and latent defects that the agent knows to exist and to be affecting the property prior to the sale. Quashnock v. Frost, 299 Pa. Super. 9, 445 A.2d 121, 125 (1982). 9 33. A real estate agent is not expected to be an expert on the physical quality of property, and a plaintiff cannot impose an implied contractual obligation on the agent to know or have reason to know of the condition of the property. Henry v. Babecki, 65 D & C 2d 4, 15 (Phila. County 1974). 34. Absent assumption of such a duty, Pennsylvania law does not recognize a cause of action against a listing real estate agent or broker for failure to disclose a property defect unless there is evidence that the agent or broker had actual knowledge of the defect but did not disclose the same to an unsuspecting buyer. 35. There are no factual averments supporting any claim that the Moving Defendants assumed a duty of care to Plaintiffs to inspect the physical condition of the on lot sewage disposal system or to verify any representations made by the Seller in the Seller Disclosure Statement to support a claim of common law negligence. Accordingly, the Complaint is devoid of sufficient facts to sustain Count V for Common Law Negligence against the Moving Defendants. WHEREFORE, pursuant to PaRCP 1028(a)(4), Moving Defendants respectfully request dismissal of Count V. 4. PRELIMINARY OBJECTION TO REMOVE CHRISTOPHER DETWEILER FROM CAPTION 36. There are absolutely no averments pled in the body of the Complaint that Mr. Detweiler assumed or breached any obligation to Plaintiffs or that he made any misrepresentations to Plaintiffs. 10 37. The only agent of Howard Hanna Company identified as a representative of the Seller in the subject Agreement of Sale is Linda Harper. 38. The only agent of Howard Hanna Company averred to have breached an alleged duty to Plaintiffs or misrepresented the condition of the sale property, the merit to which is denied, is Linda Harper. 39. Mr. Detweiler is entitled to a removal of his name from the caption to this suit. WHEREFORE, Moving Defendants respectfully request removal of Christopher Detweiler from caption of the Complaint. Respectfully submitted, O'MALLEY & MAGLEY, L.L.P. By: KRISTA M. CH KY, ESQUIRE PA I.D. No 80692 5280 Steub i e Pittsburgh, PA 15205 (412) 788-1200 Counsel for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc. 11 EXHIBIT 64 A" BRYAN ALLEN, AND IN THE COURT OF COMMON PLEAS OF JULIEANN GUTSHALL CUMBERLAND COUNTY; PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW N ?; f? ? - V. 0. , ora-egg 5 . CHRISTOPHER JACK WOODS , DETWEILER, LINDA HARPER, = HOWARD HANNA REAL ESTATE r= it _ -- =' - ? SERVICES, INC., HOWARD _ =- - ' - - HOLDINGS,- INC., HOMESALE REAL- ESTATE SERVICES, INC., DBiA JURY TRIAL DEMANDED PRUDENTIAL HOMESALE SERVICES `•- GROUP, AND SEAN KIEFF -.r= Defendants - =? - NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 arc warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLETO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT AREDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the .Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court You must attend the scheduled conference or bearing. TRUE COPY FROM RECORD to -rest(mony whereof, 1 here unto set my hand and the seal of said Court at Carlisle, Pa. day of f ?')4 rc 20 This Prothonotary BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL - - ESTATE SERVICES, INC., DBlA JURY TRIAL DEMANDED PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants COMPLAINT AND NOW, come Plaintiffs, Bryan Allen and Julieann Gutshall, by and through their counsel, Drew F. Deyo, Esquire, and in support of their Complaint, aver as follows: PARTIES 1. Plaintiff, Bryan Allen, is an adult individual residing at 1247 Rebert Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, 7ulieann Gutshall, is an adult individual residing at 1247 Rebm t Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Jack Woods, is an adult individual residing at 4301 Martinique Circle #L2, Coconut Creek, Florida 33066-1451. 4. Defendant, Christopher Detweiler, is an adult individual that works for Howard Hanna at the office located at the Camp Hill Office, 3310 Market Street, Camp Hill, PA 17011. 5. Defendant, Linda Harper, is an adult individual that works for Howard Hanna at the office located at 5137 Devonshire Road, Harrisburg, PA 17112. 6. Defendant, Howard Hanna Real Estate Services, Inc., is a Pennsylvania Corporation with an address of 119 Gamma Drive, Pittsburgh, PA 15238, and operates as a subsidiary of Hanna Holdings, Inc. 7. Defendant, Hanna Holdings, Inc., is a Pennsylvania Corporation with an address of 119 Gamma Drive, Pittsburgh, PA 15238, and operates as the parent company o Howard Hanna Real Estate Services, Inc. S. Defendant, Homesale Real Estate Services, Inc., DB/A Prudential Homesale Services Group, is a Pennsylvania Corporation with an address of 215 South Centerville Road, Lancaster PA 17603. 9. Defendant, Sean Kieff, is an adult individual that works for Prudential Homesale Services Group located at 3435 Market Street, Camp Hill, PA 17011. VENUE 10. Venue is appropriate for this action because the causes of action arose with Defendants in Cumberland County, Pennsylvania. FACTS 11. All previous paragraphs are incorporated by reference as though fully set forth herein. 12. Plaintiffs, as buyers of real property, entered into a contract with Prudential Houle Services Group ("Prudential"), where Prudential, through its agent and licensee, Sean Kieff, agreed to act as Plaintiffs' broker in a real estate transaction involving real property located at 1247 Rebert Drive, Mechanicsburg, PA 17055. 13. The seller of the real property located at 1247 Rebert Drive, Mechanicsburg, PA 17055, was Defendant Jack L. Woods; Jr. (`Defendant -Woods-) 14. Defendant Woods' broker with respect to the real estate transaction was Howard Hanna Company, who acted through its agent and licensee, Linda Harper. 15. On or about August 3, 2010, Plaintiffs and Defendant Woods entered into a standard agreement for the sale of real estate located at 1247 Rebert Drive, Mechanicsburg, PA 17055, where Plaintiffs agreed to purchase the aforementioned real property for a purchase price of $234,900. A true and correct copy of the Standard Agreement for the Sale ofReal Estate is attached hereto as Exhibit A. 16. Plaintiffs moved into the home located at 1247 Rebert Drive, Mechanicsburg, PA 17055, on or about September 29, 2010. 17. However, on or about October 24, 2010, to Plaintiffs' surprise and dismay, the septic tank located on the property overflowed, spewing human waste throughout the home, which caused damage to the interior of the home, including permanent staining on the downstairs master bedroom and downstairs bathroom walls, rotting of the wood, and mold. 18. The aforementioned septic overflow was the result of a pre-existing condition on the property, namely septic and drainage field problems, of which Defendant Woods was aware, and failed to disclose. 19. in addition, it is believed and therefore averred that Defendant Howard Hanna Company, acting through its agent and licensee, Linda Harper, was also aware of thepre-existing condition involving the septic and drainage field issues, yet failed to disclose the condition to Plaintiffs. A true and correct copy of the disclosure statement prepared by Howard Hanna Company, and signed by Defendant Woods, evidences that Howard Hanna Company and Defendant Woods had knowledge of the condition, yet failed to disclose said condition to Plaintiffs, and is attached hereto as.Exhibit B. 20. Moreover, Plaintiffs' broker, Prudential, through its agent and licensee, Sean K.ieff, informed Plaintiffs that they did not need to have a sewer inspection done. With respect to the propert?l located at 1247 Rebert.Drive, Mechanicsburg, PA 17055. 21. Had Prudential, through its agent and licensee, Sean Kieff, performed its duties under the co;itract with Plaintiffs in a prudent and diligent manner, it would have done a sewer inspection before allowing Plaintiffs to purchase the property at issue. 22. However, because Defendant Woods; Howard Hanna Company, and Linda Harper failed to disclose to Plaintiffs the pre-existing condition with respect to the. septic tank and drainage field, and because Mr. Kieff encouraged Plaintiffs not to have a sewer inspection done, the property's septic and drainage field issues went unnoticed prior to purchase by Plaintiffs. 23. On October 24, 2011, when the septic tank on the property overflowed, Plaintiffs called Ken Peck's Septic Service in order to have the septic tank pumped. 24. On that same date, Mr. Peck informed Plaintiffs that he often frequented the property in the past to pump the septic tank, and that the septic tank had been an ongoing problem for many years. 25. Further, Plaintiffs had to pay Mr. Peck to pump the septic tank on two other occasions after the first septic incident on October 24, 2010. In other words, Plaintiffs have had to pump the septic tank three times from the time they moved into the liome on September 29, 2010. 26. According to Mr. Peck, as well as the Monroe Township Supervisor, the property's septic problems are significantly complicated by, if not the result of, the drainage field problem, and therefore the septic problem cannot be fixed without replacing the current system with an at-grade system. However, installing an at-grade system would require a variance from Monroe Township, which may not be possible. 27. If Plaintiffs were to attempt to install an at-grade system, not only would they need a variance from Monroe Township, but would need to hire an engineer or designer in order to see if the installation of an at-grade system is even possible. 27. As a result of the septic problems, Plaintiffs are unable to repaint the home, and are unable to flush the toilet after each use. 28. Although Plaintiffs thought they had purchased their dream home, Defendants' non-disclosures have led to a decline in Plaintiffs' quality of life, and have caused an enormous amount of stress and anxiety within Plaintiffs' family, 29. Moreover, the septic and drainage field issues seriously undermine the resale value of the home, and Plaintiffs will never be able to list the home at a value equal to what they paid. COUNT I-BREACH OF CONTRACT 30. All previous paragraphs are incorporated by reference as though fully set forth herein. 31. Plaintiffs entered into a contract with Prudential, where Prudential, through its agent and licensee, Sean Kietf, as reed to act as Plaintiffs' broker u1 areal estate transaction involving real property. 32. In addition, on or about August 3, 2010, Plaintiffs and Defendant Woods entered into a standard agreement for the sale of real estate located at 1247 Rebert Drive, Mechanicsburg, PA 17055, where Plaintiffs agreed to purchase the property for a purchase price of 5234,900.' 33. Plaintiffs provided adequate consideration and `fully performed under their contracts with Prudential and Defendant Woods. 34. However, Prudential, through its agent and licensee, Sean Kieff, informed Plaintiffs that they did not need.to have a -sewer inspection done with respect to the - property located at 1247 Rebert Drive, Mechanicsburg, PA 17055. 35. Had Prudential, throuali its agent and licensee, Sean Kieff performed its duties under the contract with Plaintiffs in a prudent and diligent manner, it would have done a sewer inspection before allowing Plaintiffs to purchase the property at issue. 36. By advising Plaintiffs not to have a sewer inspection done, Prudential not only violated rule 101 of real estate, but breached the contract it entered into with Plaintiffs. 37. hi addition, Defendant Woods breached his contract with Plaintiffs by selling Plaintiffs real estate that he Imew had pre-existing and substantial defects, yet he failed to disclose said defects to Plaintiffs. 38. The contractual breaches by Defendant Woods and Prudential were of such a type that they would likely result in serious and severe emotional distress. 39. Due to Defendants' breach, Plaintiffs suffered damages including serious and severe emotional distress and monetary damages. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award attorney fees, costs of litigation and any other relief the Court deems proper and just. COUNT II - FRAUDULENT MISREPRESENTATION 40. All previous paragraphs are incorporated by reference as though fully set forth herein. 41. Defendant Woods made a misrepresentation to Plaintiffs that be had disclosed all major defects involving the real property at issue. 42. Plaintiffs were justified in relying upon Defendant Woods' misrepresentation because he signed a standard real estate transaction disclosure form, certifying that what he was telling Plaintiffs was truthful. 43. Moreover, Defendant Woods knew Plaintiffs would rely upon his misrepresentation, because a certified real estate transaction disclosure form, by its very nature, is intended to be a reliable disclosure. 44. Defendant Woods intended for Plaintiffs to rely upon his misrepresentation. 45. In addition, Defendant Howard Hanna Company, and Linda Harper, its authorized agent and licensee, also misrepresented to Plaintiffs that the property at issue contained only those defects disclosed in the real estate transaction disclosure form. 45. Furthermore, Plaintiffs, for the same reasons discussed above, were justified in relying upon Howard Hanna Company's misrepresentation, and Howard Hanna Company knew that Plaintiffs would rely upon its misrepresentation. 47. In addition, Howard Hanna Company intended for Plaintiffs to rely upon its misrepresentation. 48. Finally, Prudential, through its authorized agent and licensee, Sean Kieff, misrepresented to Plaintiffs that a sewer inspection was not necessary. A A 49. In that regard, Plaintiffs were justified in relying upon Prudential's mis epresentation because Plaintiffs hired Prudential to be thew broker with respect to the real estate transaction at issue. 50. In other words. Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to provide the very type of information that Prudential misrepresented to Plaintiffs: 51. Further, Prudential intended for Plaintiffs to rely upon its misrepresentation. 52. The conduct of all the Defendants was intentional and fraudulent. 53. Moreover, Defendants' conduct took place during a contractual relationship with Plaintiffs, and caused Plaintiffs serious and severe emotional distress and monetary damages. 54. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and fiiither request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT In -NEGLIGENT MISREPRESENTATION 55. All previous paragraphs are incorporated by reference as though fully set forth herein. 56. Defendant Woods made a misrepresentation. to Plaintiffs that he had disclosed all major defects involving the real property at issue. 57. Plaintiffs were justified in relying upon Defendant Woods' misrepresentation because he signed a standard real estate transaction disclosure form, certifying that what he was telling Plaintiffs was truthful. 53. Moreover, Defendant Woods Imew Plaintiffs would rely upon his misrepresentation, because a certified real estate transaction disclosure form is, by its very nature, intended to be a reliable disclosure. 59. In addition Defend ant Howard Hanna Company, and Linda Harper, its authorized agent and licensee, also misrepresented to Plaintiffs that the property at issue contained only those defects disclosed in the real estate transaction disclosure form, 60. Furthermore, Plaintiffs, for the same reasons discussed above, were justified in relying upon Howard Hanna Company's misrepresentation, and Howard Hanna Company knew that Plaintiffs would rely upon its misrepresentation. 61. Finally, Prudential, through its authorized agent and licensee, Sean Kieff, misrepresented to Plaintiffs that a sewer inspection was not necessary. 62. In that regard, Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to be their broker with respect to the real estate transaction at issue. 63. In other words, Plaintiffs were justified in relying upon Prudential's misrepresentation because Plaintiffs hired Prudential to provide the very type of information that Prudential misrepresented to Plaintiffs. 64. Further, Prudential intended for Plaintiffs to rely upon its misrepresentation. 65. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT IV - COMMON LAW FRAUD 66. All previous paragraphs are incorporated by reference as though fully set forth herein: 67. Defendant Jack Woods and his broker, Howard Hanna Company, acting through its authorized agent and licensee, Linda Harper, represented that all material disclosures regarding defects with the real property at issue were made. 68. Said disclosures concerned defects that were material to the transaction at issue. 69. The representations concerning the disclosures were false. 70. Defendant Woods and Howard Hanna Company knew that its disclosures were false, as evidenced by the certified real estate disclosure form attached hereto. 71. . Defendant Woods and Howard Hanna Company intended for Plaintiff to act on its representations contained in the disclosure form, which is evident in the very fact that the form was signed by Defendants as well as Plaintiffs. 72. Although Plaintiff was justified in relying upon Defendant Woods and Howard Hanna Company's false representation, Plaintiffs were not aware that said Defendants' disclosures were not accurate. 73. Indeed, Plaintiffs relied on said Defendants' false representations, which, as previously discussed, they were justified in doing. 74. As a result of said Defendants' false representations, which were undoubtedly intentional, Plaintiffs suffered serious and severe emotional distress and monetary damages. 75. Plaintiffs' damages were the foreseeable result of Defendants' fraudulent conduct. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and farther request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper and just. COUNT V - NEGLIGENCE 76. All previous paragraphs are incorporated by reference as though fully set forth herein. 77. Prudential, through its authorized agent and licensee, Sean Keiff, owed Plaintiffs a .duty of care when it assumed the role of Plaintiffs' broker in a real estate transaction. 78. Prudential breached said duty of care when it failed to have a sewer inspection done with respect to the property at issue. 79. As a result of said breach, Plaintiffs suffered serious and severe emotional distress and monetary damages. 80. Moreover, Defendant Jack Woods owed Plaintiffs a duty of care when be entered into an agreement to sell real property to Plaintiffs. 81. In that regard, Defendant Woods breached said duty of care when he failed to disclose material defects in the property that he knew existed. 82. As a result of said breach, Plaintiffs suffered serious and emotional distress and monetary damages. 83. Defendant Howard Hanna Company, through its authorized agent and licensee, Linda Harper. owed Plaintiffs a duty of care when it assumed the role of broker for Defendant Woods in a real estate transaction involving Plaintiffs as buyers. 84. Defendant Howard Hanna Company breached said duty of care when it represented to Plaintiffs that all known substantial defects with the property had been disclosed. 85. As a result of said breach, Plaintiffs suffered serious and emotional distress and monetary damages. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in excess of $50,000, and further request the Court to award costs of litigation, and any other relief the Court deems proper and just. COUNT VI - VIOLATION OF THE PENNSYLVANIA REAL ESTATE DISCLOSURE LAW 86. All previous paragraphs are incorporated by reference as though fully set forth herein. 87. 68 Pa.C.S. §§ 7301-7314 (cited as the Real Estate Seller Disclosure Law), places a duty on all sellers of real estate in Pennsylvania to disclose all material defects to the buyer. 88. As provided by 68 Pa.C.S. § 7303; "Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the seller by completing all applicable items in a property disclosure statement which satisfies the requirements of section 7304...." 89. IvIoreover, Section 7102 defines "material defect" as follows: "A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to people on the property." 90. Here, the drainage field problem -with-the real property at issue is a material defect because it has a significant adverse impact on the value of the property. 91. In addition, Section 7304(B)(3) provides that "=Water and sewage systems or service" is a subject which obligates the seller to make disclosures regarding any material defects, and Section 7304(B)(13) obligates the seller to make disclosures regarding any material defects with "Soils, drainage and boundaries." 92. Here, Defendant Woods, Defendant Howard Hanna Company, and its authorized agent and licensee, Linda Harper, all violated Section 7303 because they failed to disclose a material defect with the real property at issue, namely the septic and drainage field problems, which, as provided by Section 7304, is a subject which obligates the seller to disclose all material defects related thereto. 93. Finally, Section 7311 states that, "any person who willfully or negligently violates or fails to perform any duty prescribed by any provision of this chapter shall be liable in the amount of actual damages suffered by the buyer as a result of a violation of this chapter. This subsection shall not be construed so as to restrict or expand the authority of a court to impose punitive damages or apply other remedies applicable under any other provision of law." 94. Defendants' nondisclosure of material defects was willful. 95. Therefore, Plaintiffs are entitled to actual damages as a result of Defendants' nondisclosure of a material defect, and said remedy, which is provided for by Section 7311, does not restrict Plaintiffs' right to seek punitive damages or any other type of remedy. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for actual damages in excess of $50,000, and further request the Court to award costs of litigation, punitive damages and any other relief the Court deems proper andjust. COUNT VII - VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSLIYIER PROTECTION LAW 96. All previous paragraphs are incorporated by reference as though fully set forth herein. 97. 70 P.S. §§ 201-1 - 201-92 (cited as "Unfair Trade Practices and Consumer Protection Law" and hereinafter referenced as "the Act"), prohibits and makes punishable all "Unfair methods of competition and unfair or deceptive acts or practices" involving the purchase of goods. 93. In addition, the Act applies to real estate transactions, and allows consumers to bring a private cause of action against sellers of real property who fail to disclose material defects. See Glover v. Deem. 2005 Pa. Dist. & Cnty. Dec. LEXIS 100, 1-13 (Pa. County Ct. 2005) ("Any individual purchasing goods, including real estate, may bring a private cause of action to recover damages caused by another's `act or practice declared unlawful' by the UTPCPL."). 99. Etamples of "Unfair methods of competition and unfair or deceptive acts or practices" are found in Section 201-2(4) of the Act. 100. The following are all identified by Section 201-2(4) as acts orpractices declared unlawful by the Act; causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services; causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another; representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or-model, if they are of another, advertising goods or services with intent not to sell them as advertised; and engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 101. Here, Defendants violated all of the acts or practices referenced above that are declared unlawful by section 201-2(4) of the Act. 102. Moreover, Section 201-9.2 of the Act provides a Plaintiff the right to seek actual damages for "any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act or practice declared unlawful" by the Act. 103. In addition, Section 201-9.2 goes onto state that, "The court may, in its discretion, award up to three times the actual damages sustained . _ , and may provide such additional relief as it deems necessary or proper. The court award to the plaintiff, in addition to other relief provided in this section, costs and reasonable attorney fees." 104. As a result of Defendants' willful and outrageous conduct, Plaintiffs are entitled to three times the actual damages they've sustained, as well as costs and attorney fees. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for treble damages three times the amount of actual damages sustained, which are in excess of $50,000, and further request the Court to award casts of litigation, attorney fees, and any other relief the Court deems proper and just. COUNT VIII - NEGLIGENGE PER SE 105. All previous paragraphs are incorporated by reference as though fully set forth herein. 106. Defendant Woods, Defendant Howard Hanna Company, and its authorized agent and licensee, Linda Harper, all violated Section 7303 of the Real Estate Seller Disclosure Law because they failed to disclose a material defect with the real property at issue, namely the drainage field problem, which, as provided by Section 7304 of the Real Estate Disclosure Law, is a subject which obligates the seller to disclose all material defects related thereto. 107. In addition, all Defendants violated numerous acts or practices declared unlawful by section 201-2(4) of the Unfair Trade Practices and Consumer Protection Law. 108. Said violations of the Real Estate Seller Disclosure Law and the Unfair Trade Practices and Consumer Protection Law constitute negligence per se. WHEREFORE, Plaintiffs demand judg?nent in their favor and against Defendants in excess of 550,000, and further request the Court to award costs of litigation, and any other relief the Court deems proper and just. Respectfully Submitted, ROMINGER & ASSOCIATES Date: l (, Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID No. 308857 Attorney for Plaintiffs Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID No. 90994 Attorney for Plaintiffs VERIFICATION I verify that I am the Plaintiff and that the statements made in the foregoing documents are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7ulieann Gutshall, Plaintiff Date: ?? 7 /f 2-- STANDARD AGREEMENT FOR TSE SALE OF REAL ESTATE ASR 'Lis fans recvmm=ded end appmyW ror, but not [ts&icted In usn by, the members of the Pa mlvza u Aseodedon af't5ALMPSO (PAR)_ PAR= - - BUYF.R(S):Bryan T. Allan, OU.Iieann Gutshall SELLER(S): Jack L. Roods Jr. BUM'S MULINGADDRLr55: SELLER'S MA.I INGAI)MMSS: 444 Prowell Drive, Camp Hill PA 17011 1247 Rebart Drive, Mechenicsb PA 17055-9714 PROPERTY PROPERTY ADDRESS 1247 Rebert Drive, Machanicsbur PA 22P17055-9714 is the municipality of Monroe County of Ct?brrzland -- - in tho School District of Cumberland Valley, , in the Commonwealth ofPennsylvaoia_ Identificadan (e.g., Tax ID #; Parcel #; Lot; Block; Deed Book, Page, Recording Data): Parcel ID- 22240773031 BUYER'S RELATIOr?SHI? W1TSPA UICII`45ED BRORIiI, ? No Business Relationship (Buyer is not represented by a broker) Broker(Company) Prudential Homesale Servi cas Licensee(s) (Name)Saan Kieff Groan CompauyAddress 3435 Market et=eet, Camp Rill, PA D mctPhone(s) _(717)307-3172 17013. Cell Phone(s) _(717)645-0301 CompanyPhone 717 761-7900 Fax (717) 751-8837 Company Fax J717) 761-6837 Email s)riefi'@Pradeatlalhamesale.caa Broker is: Liceasee(s) Fs: ® Buyer Agent (Broker represents Buyer only) ® Buyer Agent with Designated Agency ? Dual Agent (Sec Dues and/or Designated Agent box below) [] Buyer Agent without Designated Agency D Dual Agent (See Dual and/or Designated Agent box below) ? Tntn=don Licensee (Broker and Licensees) provide real estate services but do not rcpresznt Buyer) SIIEB'SRMATIONSEDIP W= FA LICENSED BROKER Q 110 Business Relationship (Seller is not represented by a broker) Broker (Company) Howard Hanna. Co=any I Licensee(s) (Name)Linda Harper Company Address 5]37 Devn_n_shire Aoad, a ,bcug gA 17112 Company Phone (717) 920-9700 Company Fax Brokeris: 0 Seller Agent (Broker represents Seller only) ? Dual Agent (See Dual and/or Designated Agent box below) [] Transaction Licari(- (Broker andLicensee(s) provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when & Broker represents both Buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licenser represents Buyer and Seller in the same transaction. All ofBrokrr's (iterates arc also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of and consented to, duns agency, if applicable. 44 Buyer Initials ASR page 1 ofll Sener Ialtials: Pennsylvania odatlonaf RFALTQRS d 0 Gal PENH,YLYAANtAA550C1pTlON DF ALTORS0 A70 P[.AINTIFF'S 1/10 pradeahl Hcmeeddamp Hie 3411 r&,keI Suca Camp Mr PA t7011 L0 ee 717-751-79ae 717.707 Fu: 77-7614837 1247 aaban Drive lua Produced wllh Lp d, Fraw WcNgan 4MU v-"zLLtnnlr mm 1•a J Direct Phone(s) C - [I p ZC r7 Cell Phone(s) 7)319-8359 Fax (tn CZ -q 2-G Emar1 1Zhredhead0yaboo . cam Licensee(s) is: ® Sell erAgent with Designated Agency D Seller Agent withoutDesignattd Agency 0 Dual Agent (See Dual and/or Designated Agent box below) 1 1. s fi 3 9 IU ll 1Z I3 Li 1G 17 18 19 24 2S 22 23 24 25 6 21. 29 29 30 31 U 33 34 35 36 31, 33 39 40 41 4? 4.1 44 45 46 y 47 49 49 513 51 52 53 54 S5 56 57 58 59 60 61 6? 63 By ffi S Agree d$rxt? d.,ttl Arid 2 3 2010 Seiler bmvbp agrees to sett and coty? to Bugar, who a-j P8tlrCRn PWCH AND DEPORIS (A) Purr3tasePtTe s--^^}? ( Mao Bunrizsd 23a?ty 1,: C t1oIDas, tv be paid by Buyer as ?IEows I_ Dapo a?si?sg ofth's A?cii MS. I Depmft wiihln days offtD=602 Dva esibisAgmaut= 3. i ?-"- ?IIing bal?Seae 1vi?i I be ?231d i? S??t _ . (B) All ilaads paid by 13iryer,12eiudb deposits: vM he pn:a bT ehe,,4 fez's or Vi red s, AL A=& 3l} DDS of acetet, imci pald by B[ryer mdb* sosxi comic fowls paid s#.st L.. by Bier's rlaec or 4ii2- t3aas, bet mot by p=-_ (C) Dept , „-? or I)x lb-Im of Paymamt =d the V=mn d?maled - Pay? will be paid in US. Dc-alam to Srokr for Se!]er Wet-3 othm-nw dried beta Who Wm whim deco is in M ?u W a= 31 III confixmity Wm- ail spvaiimblr }aKS ? lations ILZtii gnsv ? > )? ruilaztion of the° on or Agc=-L 0* real emote flies are segffivd to hold dcp,,:W in 2sx tirdae =61 the rules and r elations of the Stahe Real Fs_e Cammissiam Cbesks tmd? fv- mienl: / may be held aac s5ra ceding 11, .c a on of lh_;s am -E?-ASMST Off Ann, Sells unil pay 5 , , C /C, 0 Y. ofrnxrh Price va if rat feeii' Blow's costs6 as p'rs fled by 11 111 m l! I g! e lade , if any. Seller is only ab?i tangy approved by ml le?r_ M up to the vnoa?n. or ptz cetrt ?e wbid is 4- -R£T XlMgTA D PC SMON (1-16) (B) Smdement. bat is otobe= 10 , (B) Szftl or before if Bent. ma Seer agree. essni WO oxttr is ice ecemty wb= L is RN=. ed or m fa? t ca?ty, during norm,al bat-n--,ss bourn unless. D33= and Sea. agcee D bersrse. (C) Al fine of ¢ttlema the f'owng rill be Fro-r> ca a daily bars bets Buyer and Seiler rainbeasire ice applica3[a: rat i s (sc Not!= 2egardi?eg Bel r SP Ta=)_ rems; imtII'est an mom' a a1;?np s cGrSdarSniam fur and [iom? ?nvo? ?snc.=Stoo fees; ti-arr aadler scn2r ice, t -Uh any other beaa;,le municipal smv= fern, Ail charges .xn71 be pro. rot<:d tar the ms(s) cm= ,-.--d will pay In ava inelmding the elate of s`-+t rrr.? ! -'Id Buvrr will p&y Per all days ril lag satiletnenk uml= off==wise stated beta: Camscyam= fmm Seller Tau be -Y f-- scuple deed o#sPaeal rrmmtj males olheawize s hare: (? l?ysn?t oi?.sler?:eswa?i ]x cividei eggalFybeis?„? ?ra?..d 5ellarumless aisxtwise stud hetz: (F3 Pao is to be ddhwed by deed, misting -ys and PUY= pol W a vacant mp=ty fze of ZvM% vrlfiit all struclznzs brOcU laa-e, at dq and fi-= of seLlemcd; unims Seller, b:Fum signing this Agmm=k Ims identified in : nda ?. is sul4act to s least g ' ?? the Prop--) (U) If SeIDa hie" idatiaed in meriting timl the -Progeny is sod jest to a lease. Prsmssioa is to be d-.3ivcrr' by de= L =isti'-+g keys =a assigmmz t of a dsliog leases for the Pmpmiy, toper with stem,-ity de uos1s, sad finm si, if any, at day and time of saCJemeat 5nfier iYit not ex? imm my new Ieasas, nor cd=d cestztg 3etL? ,?tr t;De Y d^CSout the aRitSem cons-em of acb-ve3edge el i-se(s) by k dialeog the !msc(s) at The emeti3n Buy=. Lnyer Will at this erc?a-at ua[e3 otlscnvisc staled in this Agee- ear 3.1? Ti, dmnf Bazra Tai-) is 'rSMD= . ;0) (A) Wee: to mmraII ? pzraias-?,ffl luan tartft?or?3?i 5 2Q30 (B) The SMIali rent DaL- and aIl other dates 22d tunes ?Mnrjed fcr t*-- pmtM a,,, , obli qn5 of this asserdz and are bi ding. ..eeiozrt era of The. (C) The F. ou Daft of ibis Amt is the data Feu Buyer and Sella Lave indimieI full ,ar isg MUMOr bidaY?g it. for pull of this ?? of this ag*canea! by dim, A?rzmt? the rmn? of days s?I 6e cnumted Pram the Exrtutior? IDatS pvrfmt;ina *B day this led end daft, tut was M=Ul:d Bud ir-1WUdig tc Iasi day of ft then pd- AA! ehsn.?s to this A re`me t showd b-- ini- ba (D o The Sciflermeat Dat.- is not cdended IrJ my of'uer prnvisimm of this A==eat ? d may only bn e¢aded by tt:ubmi written agree- mmt ofthe (E) Grain terms and time aare nd meted is edits Agroanart as a ?veniea 'a the Bayer and Seller. All pre_prmmd franc and time eriods are v be chmgcd by sung oid the II to all parties e-prated tee and am,-Ong diTennt lerr, able ZONT,4G (1-10) F29= of this Agmrmzui to C=tmn the zoaing ebmsiacsdua (esccat in. camas whet tba m vidahle) is tame ll solely or Fsa;mrdy to Pest ? P PiaC (and each pm-,-8 opts; if and, any deposits Ibis if t~:aduui by the$vyer?'a be tz?cd to elan @u34a-vrrl?acnt any,?mi, ?-r romrt action. Z,onfng amiF staon: RSS:EC1mmt:La1 6,1 BaycrTaEtials ttP zgt3 OtT11 1tEP73'Gd 1"?1$ Rn?stiz ?osu rc3a?.? F? zrfc,zs?-c. o? SC.11CY 3.?.1uII15: ?/? 1247 Reber Dr m 65 7. >*1 ttEi2sg 3*TD PSt?st3. PHaPE13Ti` (1-iQ) 56 (A) NCLUDED in this sale are all ad .lag itetas ply installed in nc, ety _ free of hens, and other items including 67 PSG healing; rc?*ayor pvas r Q Poi 61 cores and c1cmiing equipment electric artmaftdMw l (Including Q cimadeiiers and caalrtrg iasx pool and spz cquiprveni (ircluding 69 vis9au ftcimg qsWw (=JUEE collars} gar?ge door openers and tr„ asmitttrs; tele. IMPoUCII-duubbery. PWeMP and trees, my rig bmang and ranking fuels stored on the Prowty sir- of 3:W== t mu tS der=mas and carbon manmade d b=ft s; pall the 71 cmPeti m? c=sbaw Svina&w =z en% storm whndaws opal saeetrIstmm door, wadow co-emin bardinarr, ??o? wall to ua 2 mugs; bt Vm air rundiE amt,, built-k appffi?tt? the r- g shades and ttIsdsi T .ng-6aveu, lodes altnectvsa sued; and, if otivned, water h-ea7Aent Sys- 74 kms pso}kmw U.. a satellita- dishes and s=mity 5ysbmn5, Also included; hot t:mh. 4211 i3 °star `t:9. JOL lawn Ti?crwex and all. 11strmt In Salle= RERe M Disaloa=a 75 ($) ne hDowing >rems are LEASED not onmed by Bettor Unritact the providerivender for more infarnratroa (co 7E 7 pa opane tumks, satallim dlshm and seauity srA=): vas treatrneat 77 (P EXCLUDED fit;rms and kn = 79 8. momitwAt-iz x11N,MNCY( Ili go ? tiesm ED, Tdeart sale; is 'NOT contingent on mortgMe fmaasa?, altbouo Buyer may ohm -ataage riamcing andfar the par- 9z ® MELTED. ?- -Pxaissl wnt ar.Y• 83 (A) This sL is cxintinti ugna ;3n} afftaiiu:r5 a?riga frn?ciitg a?-" oF+ugg Ea the fagosvin ins €4 Mortgage an dw Property S _ SS LoanAmo?**? C. / ? GC . J L' i e?nri 3$ottgage ea tFrrProperty LcanAmount S I Indraasn Test $0 years / if i-M Tarn y Type afmorrg?e MM T orb;ap ' i oan-ro-Vast (LTA t7 tto= Type o€m l oan-Te valeta (I 7v) ra#ia: ' For nor RLVVA loans LTV radio not to exec cd For nea-FEANA loans LN ratio not to mceed % 90 Monpge Mender Hampza'1 cm I w 4, L LC Mortgage }ceder cl 4k eTr&r. o 750 %,k wever, Buyer agrxas b acer{st fate stn st rate however, Boyer 93 $rlerast rat, as =V be CTIMM agrees tat srarpttbe 94 by the raortpp twdar, not iuttrrestri tr ta as ay he cammitied by the mrrtgsoe tender, not to to exs a terror mbcrest rata of 5.750 °5 ey=ed a maxbnnnr k1meat :ate of % 91-1 % Disconot pohat% foam erigisaMon, less plaamtat aad other fi~s DL;mmn points Iran origioatioo, lost plans se rat and other fe-s chmUcd by the 3evdrr as apc;;c=tago of the morgz„ae ]oars (rvclud- 97 chergcd by the trade as & V===P of the marts loan (r..ehud- og my mnripge h=urano:pn:mivo%s or VA ftdmg Jbc) not to ma any mort!pr. insvrancm pasniams err VA funding fee) not to 9% enca.Md % (0% ifna4specmed) of rite 9-3 mode Foam. cxr?--r 95 (0% if not s?ifed) of tkte mnrtg?ge Ie?. (B) The taterest rate(s) and fc*) provi.s-tans is Par*V;V r g(A) are szdisfi if the my t lea Na antm the i ?s) and lx(s) ' at gage ?[ des grayer the c in t to of below them >?:imrm levels std. If leadefs) gives Bay yer lIr^. right to lock in the iniyr- IoI esttate(sjBuyevnll do so at least IS days bcA!=Sctlement ate. Buyer gives S43crthefight, at Seller'ssole option and im as pez:nitk 3 by lain acrd the taarigaea 3ertdcr(s? ID rude fmazudaL?; without promise of reiarblIISernetil, to the Buyer taadlor 103 the mortgage lender(s) to make the above mnstg<nge tear(s) a4ail=bdc fm Buyer. 161, (C) 1irrkae days (77 11 nct spy from ilea E=t::nn Date of Ohio A gremncnt Buyer ID3 -gage awlicatiou (,nch'mg payer fr;r and mdeirng of an,,?,,?'} and taeftf reports rSJ1x[ make a the tretim zrequn mart tii6 r.,-..?.a t'?oret daisy, at t IIEC time rquae<i by d.atr;zt(s)) for the room terms and to the mortgage lende*) ideutitiei in I'dr&yVh 8(A). it any, otherwise to rat responsible ICri morgpga tender(s) of Buyiees ebaim Brohr for Buyer, T any. nflw iw B.•nl= for Seller, is authoriad to tenor-mricate Mth area the moripp lender(s) to assist sin ft mortgw kart pr . 1G9 (D) Bayer wM be in do &nlt of tip Agre meat if Meyer lames fatse hOrmation to aztvuna coacuming Iitryees fuamcasi IN andlar ewplaymrnt sixtus, fails fa cmopn-vic is good i whir pracewm tiro mmtgaae laar applica5oa (mclo duty de3ay III of die s{rPraia& fats to tack in iutrsesf rat(s) as rnfnixst is T'arsgraph S{$), err otbereisa causes the lurtrs to 1 ejatt? ral5ue t F2 to approve or h=en a tamigsge tam cctamatiand 113 (E) 1. I fine tie Counnilment Data: Barber . 7 2010 Upon receringama g e wnmitmentBayerwzil 114 promptly deliver acopy offfieommaitmenttoSa M Its L If Seller does not receive a copy of the mortgage commitment(s) by the MortgW Commitment Cote, Seller may ttrurinata 115 this Agremmas by wr%m notice to Bu7m. Seliers right to termimstc CMW%nu= until Rwjw 117 to Seller. UWE Sager lamematrs fair ?? defiwrs a moteflna eib& ittneax 1 IS V ? Buy= is obligated to snake 3 guittti-,.raids effort to obtain Q f'snancir Seitrrmay ?aln ibis A_ar=mt by watten noticz to Buy= ai'lar the 1 ? Commit rr=t Date if th ? rr & 119 a• Does not satisfy ffie t?s afP2ttsrdplt 8(A), CAL rtga? z aranitmc 120 b_ Claiaiets arty condition not srec fled in this Agiruneat (e g, the Buyer must settle an another propcty, an apprzisal must 121 be rc=hved by the lade, or the mo>-e commitment is rat valid tbrovab the 5ewmacnt Data) Umt is not satisfied andibr 122 removed m vi*Tdtingbythe load ]?? mortga,z rr(s) tritbin 7 DAYS zftu the Mory°a Commhtment Dote in Por {C h 8(E 1 or any mdr?on &=4 o0ter than thoic conditions that a? cus?n7y satisfied at or a= scaltment L obtaining besznancq oad1mizg employmou). 125 4. If this Amt is tmmiuatcd ptumant to Pmagrapis 8(£}(2) or (3), or the morigapae loan(s) is not oblaii-md for scwemm)4 126 all deposit monies vnfl be wtamed to Buyer according to the trans of Paaysapb Z and this A_•reamcm Y-41 be VOM. Buyer IT, w-21 be responsfaie aor arty costs ianr?J by Buyer for ray ins end cas or cufit5cadons ordained accardingg to tht tames of, 128 this Agr=mcai, and omy costs incurred by Buyer for (1) T>1la search, tilde fima? andfar mechanics' Meer instriMce_ c any FZ5 #i~ rsr:c:cIIation; (3) Flood "surance, four fasnn-sa m h=ard iostarm 130 ce, more s>rttsidrb:z stzranct cr any fee for Gareel- ?.31 Praisatl'em mad c.'rargesprdd in advaum to mcrqnz 7enrler(s)_ r31 Sapcrz;_ ,J Asa p4m 3of11 SelFcrlui?ts_ (1 lt?ea Zoo -Uzi= Z, Z 11, mr-L C I.-M 1-- n Nft Rczt Fasx, rFdoya, c4'r-- av-r - cn, i247 Reheat t7rive 132 (.19 if LIO mores Ie[[e?--(s}, or a 133 zzpasrsinthe , < < o y °nd Msualty ittsteltx prrivfdiag ihstuancz required by [bt mortgage lerader(s)+ requires 34 8 zrwslL upon receiving; the regvieemeajs?, derh= a copy or tha rr-a i.rw=ts to Seller, Wlth¢a g DAYS l n=iving the copy of the --==T% Seiler will natty Buarer whrher Shcw m-g w&] tine s 15 required repair at Sel}er's 137 136 € Tag?? m2bs Ihe .eA.SEinPara 24 the . ca We sin °e 1 ,.cr andl? insarr, BL*ys accepts the P aperq and 138 2_ If SaTlerIva naz Tn the regntrad raps ; or i#SelIer Far to respond 'F,.'-uda ffie stated time, Bayer r, RI, vviChirt 139 DAYZ not t+ Sadler of Burt's choice to: 5 Ibil no repairs, v eats at Buy-..es expmsp, '- 343 wRInotbanmeasonablyuiffi rlti;OTt F°imfsina and acerss to the Fmperiy gi>•et1 by Seller, whim 142 b., Tcaahmse this Agreement by wdtien notice do Seller:, with all deposk menses rztamed ta.Boyer,accordina 143 Pardgnp€[ 22 aflMsAgre?t o to the tea ns of 144 If Bayer faF7s to respond whits the fame Axf-rad in Paragraph &W.) or falls to tix-1-2b dais A 145 to Sellerwithin !last Er' B grecofth by eemn trshra mt:, tzyrs• wiR aecepE tleePrapaty and age to t? IOFL.??-4. in g ? 34S Ph -4 of this Agreement 147 . FHAIVA,IFAP?J?€'CA E C.r"i1 It is e-presly agreed that aniwithstsu&ng any other provisions of this eonir-? Brayer wall not be obligated to coorplete the pur- 14G chaser of Etly Fmperr1 described hat in or to inea any penalty by forldt am of ciarnest t»oneY 149 has been given, in accordance with HEIMEMA or VA , depcssts env-se unless Buyer ? a tvi:`Jst slalemeat by tlee_.Fedrssd - Hc usiog--Coonti:ssionc, --- - -- J ?^zns Rdmiriis?atina; m , a'Direct Endo?rrsat: I=rear sruting. inrth the app-raised value of the Prap=-ty, of not Iess tl;yn 3di q (1bzPtuvhzsc, Prim assst?daathisAgr==).Bu3wvrilihave the privilege and opt", of pot tiding with consmtwatid of ffm fact -ritho t regard to the Emanat of the anpmised vahtacion. The appraised valuesion 153 is isived at to dalcmii re the mw mum mar;;p_-e the Depsrtmrmt: of How and Lirban Development will insssr w %IM dces 154 not evazs?nt !he value nor the cz) 'anion of the Property. Buy--. Should saff-e+ b=sett'6etself that the prier:- end concil5on of the 155 PropeatyamaamptabTc 1515 Warning: a ? a of Title 12, I3?C., Depmtr..eat of Hmming and Urban Drm!opn, ant and Federal Housing 157 It rrminictrnti ns, provides `Weal" ter for the, psi rpme of. - . i x(b=6a 158 nmkaS, poser, utters or publish asst' cs g t my d way the leis Li of Simprisoned arFlCR t ste?`4 k,owyg the state to be fates shall b be fad wrier tits title or not 159 muse tfsatt tsvo yrcacs? or both' 160 n u.& Department a€ Hnusaag and Urban Dcw4opmeat (MM) NOTIM TO P'E)12C ASMS- Bayt es Acbmo-er+ 11610- 1M Buyer has received the EM Notice 'For Your Prom: Get a Ham _ ? t?ecseat 162 ?F??Buyer understands the itupottanco of 1;cUing an iudeptudent home inspection and has tbnught about i s befom sip-&g ms Aare nmL BL+ycr understands th= 363 FE LA Seth notpefrn ahome inmeehonrwguarzateedr-pr.= crerm tic. doe nftiaePropcrt}. I" C We: the imd -g°e Se ties) aid Btrysr(s) patty to the t ea each mr* ltlt the tmmas or this contact 165 iDr pmebase are true to the best of cur kwwledp and beUce and fir m3y othm agreement entered into by -my of these pies 166 in c nnec on with d s trwsac6oa is attached to this Aar eememr I6; 9. SEXJ-X NS(1-30) 168 (A) Radon Testing and Razaedhdina (Sae Notice Riding Rzfli a) 169 ScUw has per Lmav[e•3ge zi:naithe prmence, cr abs-aat~ of*_atlon twJess c5ec i below 171 01. Seiler bas knovalaige that the Pmpcr[y tr+,s [tsted on the dates and by the ateftds (ems uiarn-rzl can:ster_ a-spha ?y etr I tviticis pro&1nNT- ttte res alts indicated below: 172 Date Type ts"Ted Rmuhm (piths-iesfl-;?= i3 °?•'s$ levels) Nnraee, af7'estissg ?riee , 174 175 F? 2 Sal h2s kmowletge i$artba Property had iadoa r--mval system(s) installed as indicated heloer. 176 gaftInsbaned Tvi c, ofs"'Va Provider 1777 178 179 Copies of n1F sa+m7sbfe cost rcgorts will be defivera to Rcryw with this -emmm 190 wis or the results o€rsdou tats s Seller dons not wa.-reset the met3z- ISl (F%) Stmsus.dwater 112 Seiler rgne ats that the Pmperiy is =red bar 133 ? PubTic Wader Q CO munity skater ® On-sitz [hater Q Ncu-- Q 384 (C) Stags ofse MW 195 Seller ngwmenss that; the Property is served by. 196 E3 Pubffa Se v2r © Coas3mnn ity S Tr 1ST ? ? System ? Tea-A= T'esrait. Fixetnpeon (see Sesv-fie Notice 2) Individual ca-lot Sexaee Disposal SyZtem (See Ses+age Notice I) 0 IlnldiQg Tam: (s= xv age l'otice 3) 193 Cf Tad3i4dual Da-lot Sewage Disposal System in Proximity to Well (sea Seaae=> Notice I- s= Sawa,- Natice 4, ifappficnWe) 165 tixl) p NaneAva7ahldPeraEitX?a?GoasinEEreel (=S,'w? ag-!Nodte ISO Q j) 191 (D) HistaricPresergsfasn 192 Scher is act zvatw of Wstaric preser aJon restrictions the Prop-mty lmies olf+arsvisa stud here: 193 _ 194 13rryerrr:t;atr AM Page 4 trC1I l Y ]3e7iseei 1110 ?7vT"------ r&=•&4za*Obrz-;e tao;a F-._..- 1247 9--b---t DriYc 195 (E) ? property, a portion 196 Use Restrictions): of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding band 197 ? Farmland and Forest Land Assessment Act (Clean and Green Pro 199 gran; Act 319 of 1974; 72 P.S. § 5490.1 et seq.) ? Open Space Act (Act 442 of 1967:32 P.S. § 5001 et seq.) 199 0 Agriculhtrai Area Security Law (Act 43 of 1981; 3 P, S. §90I et seq.) 200 ? Otber 201 (T) Seller represents that, as of the daft 5cller signed this Agreement no public improvement, condominium or tromeowner associa- 202 tion assessments have been made against the Property which remain unpaid, and that no notice b any = or pu 203 authority has been served upon Seller or anyone on Seller's bebalt including notices relating to v olatonsoof zoning, hen nlg 204 building safety or fire ordinances that remain uncorrected, and that Seller ]mows of no condition that would constitute a viols- 205 dun of any such ordinances thatreniain uncorrected, unless otherwise specu?'rd here: 206 207 (G) Seller }Crows of no other potential notices (including violations) and/or assessments except as follows: 208 209 (I1) Access to a public road may require issuance of ahighway occupancy permit from the Department of 1 ransportation. 210 10. WAVER OF CONMGENCIES (9-05) 211 If Ibis Agreement Is contingent on Buyer's right to inspect and/or repair the Property, or to verify Insurability, envirottmerral 212 conditions, boundaries, certifications, zoning classification or use, or any other _lnformation_regarding.-the-Prop", Buyer's -- - - --_---213 ___-fa0ure-ta exercise-any- of Buyer's options within-the-times-set forth in this _ '-14 Buyer accepts the Property and agrees to theRELEASE in Paragraph 24 ofthis Agrreemen? a WAIVER of that contingency -end 2I5 Js, UiSPEC TONS (1-10) (See Notices Regarding Property and Environmental Inspections) 216 (A) Rlgbts sadResponsibilities 217 I. Seller will provide access to insurer' representatives Lind, as may be required by this Agreement or by mortgage Lender(s), to 218 surveyors, municipal officials, appraisers and inspectors. All parties and their real estate{icenseo(s) may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by 220 any other provision ofthis Agreement. 221 3. Seller will bate beating and all utilities (including fuel(s)) on for all inspections/appraisals. 7,77 4. All inspectors, including home inspectors, are authorized by Buyer to provide a copy of an inspection '=3 5. Seller lifts the right, upon request, to receive a free copy of any inspection Report ort from the p y for Report to Stupor for Buyer. 224 (B) Buyer waives or elects at Buyds sh' for wh ham t was prepared. 225 expense to have the fo!]Cwing Inspections, certrfications, and investigations {referred to as "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 226 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com- 227 ply with the Home Inspection Law. (See Notice Regarding the Home inspection law) 22.8 (C) For elected Inspection(s), Buyer will, within the Contingency Poriod(s) stated in Paragraph l2(A), Complete Inspections, obtain any 229 Inspection Reports or results (referred to as Report" or "Reports'), and accept the Property, tenninata this Agreement, or submit a 230 Written Corrective Proposal(s) m Sella , according to the toms ofParagraph 12(6). 231 Home/Property Inspections and 2aykeamautal Hazards (mold, etc) 232 acted Buyer may conduci an inspection of the Property's structural components; root exterior windows and exterior Waived 233 / 0?4 doors; exterior siding, Exterior Insulation and Finish Systems, fascia, gutters and downspouts; swimming pools, hot / 234 tabs and spas; appliances, electrical systems; interior and exterior plumbing; public sewer systems; heating and coal-? s, 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square uP [V?{Kt?2 236 footage; mold and other environmental bara rds (mg., fungi, indoor air quality, asbestos, underground store a tanks, ?- 237 e(c.); and any otheritcm5 Bayer may select. TfBuyer elects to hmra a home inspection o£ the Pra e [ T? t good Pang o defined al 1-, c { rt[? 238 the Home Inspection Law, the home inspection must be performed by a. full member in 239 home inspection association, or a erson standing of a national L72 oi-o 240 p snpcrvised by a full member of anational hone inspection association, in do es, ite-l` accordance with the ethical standards and code of conduct or practice of that association, or by a properly licensed 341 orregistered engineer ar arcbitect (See Notice Regarding the Home Inspection Law) 242 WaodIafestation Vg 4 243 ec Buyer may obtain a written "WCOd-Destroying Trisect Tnfostodoo Inspection Report"ircm en nspector certifies as Waivedl i 244 ? / a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid_ / ; - 245 ed by the inspector to Seller. The Report is to be made satisfactory to and in compliance vi th applicable laws, mort- 246 gage lender requirements, and/or Federal Insuring and Guaranteein A enc 247 limited to all readily-visible and accessible areas of 0 structures on the ProP lerty, exxcept ecept The fences. the Inspection sp ct be 248 reveals active infestation(sI Buyer, at BLryer's Expens oying p p is pe n 249 e, nay obtain aProposal Eno a wood-destroests pes- ticido applicator to bmt tbc.Pmperty, If the Inspection reveals damage fora active or previous infestation(s), Buyer 250 may obtain a written Report from a professional contractor, home inspector or structural engineer that is Tirrited to . 251 structural damage to the Property caused by wond-destroying organisms and a Proposal to repair the Property, 252 Radon 25, Elected Buyer may obtain a radon lest of the Property from a certified inspector. 7be U.S. Environmental Protection caved u4 / Agency (EPA) advises corrective action if the a/erage annual exposure to radon is equal to or higher than 0.02 ( is-? vrorldng levels or 4 picoCuries/liter (4pCYL). 256 Water Service 2S7 d Buyer may obtain an Inspection of the quality and quantity of the water 258 qualified water/well testing conPanY, If and as req system from aproperty tIler'ed orotherwise Waived ?? uired by the inspection company, Salle , at Seller's expense, wi II / ' loose and provide access to the on-site (or individual) water system. Seller will restore the Property to its previous 260 non, at Seller's expense, prior to scttlemcaL 261 ItnyerInitials: ASRPa e5 of 11 t; senerlattlars: ??.- lteri9ea.ino Piuauced with LPFarmM by zlpLogix 58070 Fitlean Mile Rued, Freers, h9dhfgan 44026 .,y?,xnloa{: mm 1247 Rrbert Drive 262 On-Iot Sewage (If Applicable) 263 Elected Buyer may obtain an Inspection of the individual..on-tat sewao disposal system from a qualified, processional a' 364 / inspector. If and as required by the inspection company, Seiler, at Seller's expanse, will locate, provide access to, ff /r 265 and empty the individual on-Iotsewage disposal system. Seller will restore tho ProPAY to previous Its 266 at Seller's expense, prior to settlement. See para condition, 267 graph 12{C} for more Information regarding ing the the Individual On-lot Sewage Inspector Contingency. 268 Prop arty7nsurunce 269 Wice Buyer may determine the insurability of the Property by,maldng application for property and casualty insurance for Waived 270 ! 3 the Property to a responsible insurer. Broker.for Buyer, if any, otherwise Broker for Seller, may communicate with / 271 the insurer to assist in the insurance process. If the Property is located. in a flood plain, Buyer may be required to Z7? carry flood ins trance at Buyer's cxpensq which may need to bo ordered 14, days or more prior to Settlement Date. 273 Property Boundaries 374 Elected Bayer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal 275 / description, certainty and location of boundaries and/or quantum of land-Most Seiler have not had the Property / 276 surveyed as it is not a requirement of property transfer in Pennsylvania 277 or constructed barriers may ormay not represent the true boundary lines of the Properly. Any numerical represcn- 279 properly arc approxfraaiions only and maybe inaccurate. heeds, Restrictions and Zoning 280 Elected Buyer may investigate easements, deed and use. restrictions (including any-historic preservation rastrictians-or ordi- 281 / ranter} that apply to theProp" and review local zoning orr inanacs. Buyer may v r 282 ertfy that the present use of the / Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the 283 Agreement contingent upon so anticipated nse. Present use: Residence v 284 Lead-Based•PaintBaxards (For Properties prior to 1978 only) 235 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978, Buyer has the option to conduct a 286 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- 1 287 - ards unless Buyer waives that right. Regardless ofwbetber this inspection is elected or waived, the Residential 233 Lead-Based Paint Hazard Reduction Act requires a'Seller of property but7t prior to 1978 to provide the 289 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from bend in 290 Your Home, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead- 791 based paint bazards and any lead-based paint retards regarding the Property. (See Notices Regarding 292 Residential land-Based Paint$azard Reduction Act) 293 Other 294 Elected A_N 295 / iy 296 / !J 297 the Inspections elected above do not apply to the following existhig conditions and/or items: 298 299 300 12. TVSY CTI C' 1 N COPiT 1 (I-IV) 301 (A) The Contingency Period is days (I0 if not specified) from the Execution Data of this Agreement for each inspection elect- 302 ed in Paragraph I I (C), except the fallowing: 3 0033 Iospccrion(s) Contingency Period 303 days 305 days 307 days 308 (B) Except as stated in Paragraph 12(C), if the result of any Inspection BEER in Para days 309 will, Mthfn_the .stafed-ContingeneyPeriod: &aph I1(C) is unsatisfactory to Buyer Buyer 310 1. Accept the Propertywith the information stated in the Report(s) acrd agree to the RELEASE in Par h 24 of this Agr311 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according totheterms of 312 Paragraph 22 ofthis Agreement, OR 313 3. Present the Report(s) to Seller with a Written Corrective Proposal (uPmpossl°) listing corrections and/or credits dedred by Buyer. 314 The Proposal may, but is not required to, include the name(s) of a properly. licensed or qualified professional(s) to perform the cor- 315 reactions requested in the Proposal, provisions for payment, including retest", and a projected date for completion of the correc- 316 lions. Buyer agrees that Seller will not be head liable for corrections that do not col with zoo 317 mP Y ttgage fender or governmental requirements ifperformed in awarkmatililte manner according to the terms of Buyer's proposal 318 a. No later than days (3 ifnotspecified) from the dad ofthe ContingencyPerloo), Seller will inform Buyer in writ- 319 ing that Seller will: 320 (1) Satisfy all the terms ofBuyer's Proposal(s), OR 321 (2) Not satisfy all the terms of Buyer's Proposal(s), OR 322 (3) Negotiate a mutually acceptable written agreement with Buyer, providing for any repairs or improvements to the 371 Property and/or any credit to Buyer at settlement, as acceptable to the mortgage lender, if any, 324 b. If Seller agrees to satisfy the terms of Buyer's Proposal or Buyer and Seller enter into a mutually acceptable written agree- 325 merit, Buyer accepts the Property and agrees to the RELEASE in Paragraph q4 ofihis Agreement. 325 Buyer Ini ' ASR Page 6 of 11 Scher Initials; Revised 1/10 Produced wilh ZlpFemyS by zipLogix 18,770 RAPen rsla Rn d, Fuser, hllchlpan 40cas w5njzLaLggjLm IZ 7Rchart Drive 327 c. If Seller chooses not to satisfy all the terms of Buyer's Proposal and if Buyer and Seller do not enter into a mutually 328 acceptable written agreement, or if Seller fails to choose any option within the fime given, Buyer will, within 329 (2 if not specified): days 330 (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this 33J Agreement, OR 332 (2) Terminate this Agreement by wrisen notice to Seller, with all deposit monies returned to Buyer according to the terms 333 of Paragraph 22 of this Agreement. 334 If Buyer fails to respond within the flora stated in Pars ra h 72 335 written notice to Seller within that time, Buyer will accept the Property a or fails to terminate this Agreement by 33b 24 of this Agreement PAY and agree to the RELEASE in Paragraph 337 (C), If a Reportreveals the need to expand or replace the existing individual en-lot sewage disposal system. Seller may, within 338 days (25 if not specim"ed) of receiving the Report; submit a Proposal to Buyer. The Proposal will include, but not be 1smited to the 339 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected corn- 340 pletion date for corrective measures. Within 5 DAYS ofreceiving Seder's Proposal, or if no Proposal is provided within the 341 stated limo, Buyer will ao*Seller in writing of Buyer's choice to: 342 1. Agree to the terms of the Proposal, accept the Property and agree to the RELEASE in Para R 343 2. Terminate this graph 24 of this Agreement; OR Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 344 Paragraph 22 of this Agreement;, OR - -- 345 3. - Accept the Property' and the existing - - 746 a system and agr= to the RELEASE is Paragraph 24 of this Agreement. IF required by any mortgage lender and/or any governmental authority, Buyer will comet the defects before settlement or within the time required 347 by the mortgage leader and/or governmental authority, at Buyer's sole expense, with permission and access to the Property 348 may, Seller, which may not be unreasonably withheld. If Seller denies Buyer permission and/or access to correct the dcAcl_s, Buyer 349 ay, within 5 DAYS ofSeAer's denial, terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms afparagraph 22 of this Agreement 351 If Buyer falls to rrapond within the time stated in Paragraph 32(L) or Pails to terminate this Agreement by written notice 352 to Seller within that time, Bayer will accept tho Property and agree to the RE, LEASE in Paragraph 24 of this AgreemeaL 353 33. NOTTCFS, ASSESSMENTS AND M NIC1PAL REQUEMENTS (1-10) 354 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 355 settlement, Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or ass=s- 336 meats to- Buyer and will notify Buyer in writing that Sellerwill: 357 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement, if Seller Fully complies with the 358 notices and/or assessments. Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. OR 359 2 Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails 360 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Scilcr in writing within 5 361 thatBuyerwill: DAYS 352 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and ag ee to the RELEASE in 363 Paragraph 24 of this Agreement, OR 364 b. Terminate this Agreement by written notice to Selle, with all deposit monies returned to Buyer according to the terms of 365 Paragraph 22 of this Agreement 366 It Buyer fait to respond within the time stated in Paragraph 13(A)(2) or fails to terminate this Agreement by written aoticr. 367 to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 368 (B) If required by law, within 3ll DAYS from the Execution Date of Ws Agreement, but in no case later than 15 DAYS prior 369 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s) disclosing 370 notice of nay uncorrected violations of zoning, housing, building, saf* or fire ordinances and/or a certificate permitting occu- 371 panty of the Property. If Buyer receives a notice of any required repair,/improvements, Buyer will 372 the notice to Seller. promptly deliver a copy of 373 1. within 5 DAYS of receiving notica from the municipality that repairs/improvements are required, Seller will deliver a 374 copy of the notice to Buyer and notify Buyer in writing that Seller will: 375 a. Make the required repair,/m provements to the satis&ction of the municipality. If Seller makes the required 376 repairs/Improvements, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement; OR 377 b. Not make the required n pairthuprovements. If Seller chooses not to ma>,a the required repairsAmprovements, Buyer will 378 notify Seller in writing within 5 DAYS thatBuyer will; 379 (1) Make the repairs/improvements at Buyer's expense, with permission and access to the Property 380 wr71 not be unreasonably withheld, OR ?given by Se[le ,which 381 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms 3&2 of Paragraph 22 of this Agreement 383 If Buyer fails to respond witbia the time stated In Paragraph 13(B)(1)(b) or fails to trrmioatc this Agreement by 384 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph 385 24 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the 386 terms of the notice provided by the municipality. 387 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 388 Settiament Date to malor the required repahlfinprovements, Buyer may, within 5 DAYS, terminate this Agreement by 389 written notice to Seller, with all deposit monies returned to Buyer according to the terrus of P 390 3. If roPal&im rovements arc required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph. Seller 391 will perform all mpairal'unprovements as required by the notice at Seller's ease. Para .. ? graPb I3(B)(3) will survive s4AZ- ?mducad ettlemeat 392 BuyerTnidas AsRPage 7 ant Scller lultialn Revised ill a wikh71pFraObyypL4x laa70MramMhR-4Frawr,6achigm43026 ~r.rictnrdxcnm 1247 Robert Drive 393 14. CO2XD0AE9gr[lAL LAje D CO11fN Urii'Iy (310 0 'NERASSOCLITIONS ItrS4LE 394 Property is NOT a Condominium or part of a Planned Community unless checked below. NOTICE (1-10) 395 396 ? CONDOIvIINIUhL The Pro primarily Uniform Condominium Act Peens unit of a (secondominium that e Notice Rcgard?ing Coin 397 umys andtplanod Cosomuno . Section cs) requires Sellerthe furnish Buyer with a Certificate of Resale and copies of the condominium declaration (other L' an plats and the bylaws to 398 the rules and regulations of the association. Plans), and 399 ? PL.ANMD COMMbMTy giMEBWIER ASSOCIATION The Property is part of a planned community as defined by the 400 Uniforrri Planned Community Act (see Notice 401 requires Seller to furnish Buyer with a copy of?declaration (othermthan platy and plans), ei by la Section rules and re the Act 402 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act ' the rules . and rcgula#ians 403 TEE FOLLOWINGAPPLIES TO PROPER=S TEE&T ARE PART OFACONDO .404 (A) Within 15* DAYS from the Execution Date of this APLAI?IYED COn1the association Certificte ofltrsalc and Agitemcnt, Boller, at Seller's expergse,'will.request from the n 406 any other documents necrsary to enable Seller to comply with the relevant Act: The Act provides that the association is required to provide these documents within 10 days of Seller's request 407 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liabie to Buyer for 408 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- 409 ciadon in the Certificate. 410 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 411 for 5 days after receipt -OR uni l-setdcment,_whicbever-occurs first-Buyer's _-- 2 _ - - declarbig tliis Agreement void, all deposit monies will be returned to Buyer according o the terms of Paragraph 22 413 ,, upon Buyer Agreement of this 414 (D) If the association leas the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reim- 415 horse Buyer for any costs incurred by Buyer for any 416 and any costs incurred by Buyer for_ (1) Title searc, tide insurance and/or m char csedi n insurance, for any fee fore cancellation; tions obtain according to e terms of th 417 ?temen4, (2) Flood ins'urwce, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal f=- 418 and charges paid in advanm to mortgage ]ender. 419 15. TITIES, SURVEYS AND COSTS (1-1 420 (A) The Property will be conveyed with good and mar'htable title that is insurable by a reputable title insurance company at the rug 421 ular rates, free and clear of all liens, encumb 422 raaces, and easements, excepting lrowever the following: etisting deed restrictions, historic preservation restrictions or ordinances; building restrictions; ordinance;; easements of roads, easements visible upon the 423 ground; easements of record; and rivi7eees orrie Azq P a ,his of public service companies, if any. (H) Buyer will pay for the following; (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 425 (2) Flood insurance, foe insaraaccs hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees 426 and charges paid in advance to mortgage lender, 4) Buy 427 (C) Any serve or { er's customary settlement casts and accruals. 428 y surveys required by the title ffim- rance company or the abstracting company for preparing an adequate legal description of the Property (or the correction thereof) wig be obtained and paid for by Seller. Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as 431 specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller. with all deposit monies returned to 432 Buyer according to the terms of Para h 22 435 Buse incurred by Buyer for an), ?P of Ibis Agreement. Upon fcnninadon, Seller will reimburse Buyer for any costs 434 inspections or certi5cations obtained according to the terms of this Agreement; and for those items spec- 435 ified in Paragraph 15(B) items (1). (2), (3) and in Paragraph 15(C). 435 (E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below: 417 ? Seller does not own all subsurface rights to the property. ? Oil, Gas and M.1nernlltights Addendum OUR Form OG31) is attached. 439 COAL NOTICE(WhemApplicable) 439 THIS DOCUMENT MAY NOT SELT, CONVEY, TRANSTW, D4C.IME OR INSURE T'LE MI.E TO COAL AND RIGHTS OF PORT UNDERNEATH 440 Tim SuRFAm LARD DESCRIBED OR RMERRED TO I SUMO, AND TFIE OWNER OIL- OWNED TIM SUCH COAL MAY 14AVE THE C01 LBJE LZOAL 441 RIGHT TO REMOVE ALL SUCH COAL AM IN THAT CONNECT N, DAMAGE MAY RESULT TO THE SORFACE OF THE ).AND AND ANY HOUSE, 442 BU DING OILOTBMSTRUCrURZONORIN!UCH LAND. (This notice is set forth in the manner provided in Section I of the Act of 443 July 17, 1957, P.L. 984.) 'Buyer acknowledges that he may not. be obtaining the right of protection against- subsidence resulting 444 from pal mining operations, and that the property 445 private contract with the owners of the ecmmic inrests in the coalyThis adrnowledgem acknowledgement is made for theepurposee oaf coma 446 plying with the provisions of Section 14 of the Bibmliaous Mme Subsidence cad the Land Conservation Act of April 27, 1966.- 447 Buyer agrees to:siga the deed from Seller which deed will contain the aforesaid provision 448 (G) The Property is not a -"recreatiaaal cabin" as defined in the Pennsylvania Construction Cade Act unless otherwise stated here (see 449 Notice Regarding Recrwtional Cabins): 4 50 16• lV Al1VTBl'iANCE AND RISK OF LOSS (1-10) 451 453 (A) Seller will maintain the Property, grounds, factures and pcisonal proper specifically listed in this A Bement in its resent con- dition, normal wear and tear excepted. BT p 453 (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 454 1. Repair or replace the failed stem or a 455 2. Provide prompt written notice to Bayer appliance Seller's decision to;en? OR 456 a. Credit Buyer at settlement for the fair market value of the failed 457 if any, OR system or appliance, as acceptable to the mortgage lender, 458 b. N air or replace the failed 459 or system or appliance, and not credit Buyer at settlement ror the fair mar',cef v? appliance. ue of [tic 460 Bayer Intiinla tSRPage a of 11 Seller fat li]y : Revisedl/10 Pmd=dwith ZapFamt}] / by Piuli'„ 160 FiAEpI Mlle ftoaQ fruset, bLcWp:n aaoza j_Ay±loiaelr rem 1247 Robert Drive f; , 461 3. If Seller does not repair or replace the Wets 462 far7stu?notifp$rryerofSelfor's chore B System or appliance or agree to credit Buyer for its. fair manlier value- ;arif Seller 463 S' uyer will notify 5eIIer in writing within 5 DAYS or beFors 5ett]ement Date, whichever is centre , that Buyer will; 464 2 Accept the Properly and egret to the RELEASE in P ?g'aph 24 of this Agreement OR 465 b. Terminate this 466 Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 ofthisAgreement. 457 If Buyer fails to respond within the time stated in Paragraph 1 468 notice to Seller within that time, Buyer wig accept the Pre a )d r fats to terminate this Agreement by written 469 Agreement; Prop e and aggree to the Rpi FdSD in Paragraph ?4 of this 470 (C) Seller bears the risk of loss from fire or other casualties unttT settlement If an 471 replaced prior tosettlernarr,Buyeiwill: Y property included in this sale is destroyed and not 472 1. Accept the Property in its their current condition together with the proceeds of any insurance recovery obta nable by Seller, OR 473 2 Terminate this 474 Agr•esment_ by wriuru notice to Seller, with all deposit monies returned to Buyer according to the terms of 475 17. HOME Paragraph 22 this )?eemer 476 At or befma settlemen4 either party may purchase a home warranty for the Property from a third-party vendor. Buyer and Seller under- 477 stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre- 478 endming defects of the Property, end will noc alter, waive or extend any__prov'mans_oLthis_Agreement-regard ing inspections occertifi- 479---.---cations-that Buyer has elected or waived as art of this- 480 P Agreement Buyer and Seller understand that a broker who recommends a home watrantymaybave abusiness mintionship with the home warranty company that provides a financial benefit to the broker, 481 18. RECORDING (9-05) 482 This Agreement will not be r=orded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer 483 causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement 434 19. ASSIG JI IENT (1-14) 485 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successom, and to the extent assi- a- 486 ble, on the assigns of the parties hereto. Buyer will not transfer or asst this A 487 otherwise stated in this Agreement Assigomeat of this A g° additional tent nt without the w itten consent of Soper unless 480 20. GOVXRMGLAWPV, greement may result in additional transfer taxes. , VTdYUE AND PERSONAL 3URISDICITDN {9`05) 489 (A) The validity and construction of this Agreement and the rights and duties of the parties, will be governed in accordance with the 490 laws of the Commoowealth ofPennsylvania. 491 (B) Teo parties agree that any dispute, controversy or claim arising under or in connection with this Agreement or its pcrformance by 492 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21. RLP'RESENTA.TTONS (1-10) 495 (A) All reprrscatadons;, claims, advertising, promotional activities, hrechures or plans of any Idnd made by Seller, Brokers, their 496 licemsees, employees, mffie,-rs or partners are not a pan of this 497 Agreement. This Agreement contains the whole agreement bcrweea Seller and Bvyless and th expressly erely are no other incorporated te cr r stated is this 498 covenants, ki ms, o bit ou-s 499 representations, statements or conditions, ore[ or otherwise, of any kind whatsacver concerning this sate. This Agreement will not be altered, amended, changed or modified except in writing execuLed by, the parties. 500 (3) Unless otherwise stated in this Agreement, Buyer has impeeted the Property Claciuding fixtures and any personal prop. 501 erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the 502 Property IN 17R PRESENT CONDITION, subject to impaction contingencies elected in this Agreement. Buyer acltnawl- 503 edges that Brokers, their 11ceaseea, employees, officers or partners have not made an independent Mininadan or deter. 504 mfnstion of the structural soundness of the Property, the age or condition of the components, environmental conditions, 505 the permitted uses, nor of condition existing in the locale where the Pro" ical inspection ofnny of the systants contained therein. Psituatd; nor have they made e mechnu- 507 (C) Any main required by this Agreement will be completed in a worlonartlilce manner. 500 (D) Broker(s) have provided prmay provide services to assist unrepresented parties in complying with this Agreement. 509 22. DEFAULT, TM M UTIONAND RETURN OF DEPOSITS (1-10) 510 (A) Where Buyer tetndnates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return. of 517 all deposit monies paid on aceatmt of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreernci t will be 512 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 51s (B) 1Zegardless of the apparent entitlement to deposit monies, Pennsylvm3ia law does not allow a Broker holding deposit monies to 515 determine who is entitled to the depositmonies wbm settlement does not occur. Broker can only release the deposit monies: 516 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written 517 agreement signed by both parties is evidence that them is no di = regarding 516 2. A after Broker has received deposit monies, Broker receives a wn-nrmoentmthat ? signed by Buyer and Seller, direct- 519 urg Brolcerhow to distribute some or all of the deposit monies. 520 3. According tD the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker haw to 522 deposit monies if there is a dispute between the parties that is not resolved (See Para 2 distribute the graph 2-(C)) 57-3 Buyerlniff3hr ?/ A9RPage 9orii Rerined MO Senrcr rnitfnlr: Prodwd wdhZrpFormV by#L.:g4 :EWD Fifteen Kyle Road, r-rase, a{chlayn 49x29 w.w-reLmrx.?W 47 Rcheri Drive i N 524 (C) Buyer and Seller agree that if tinere is a dispute over the e°titluncnt to deposit monies that is unresolved 365 525 the Settlement Date stated in paragraph 4(A), or any written extensions thereof the Broker holding the deposit monies will,swafter ith. 526 in 30 days of receipt of Buyer's written request; distribute the deposit monies to Buyer unless the Broker is in receipt of vcrifij- 527 able written notice that the dispute is the subjerx of litigation. If Broker has received verifiable written notice of litigation prior 528 to the receipt of Buyer's request far distribution. Broker will continue to bold the deposit monies until receipt of a written distri- 529 bption agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any par- 530 don of the deposit monies prior to any distribution made by Broker pursuant to this 531 distribution of deposit monies based upon the passage of time does not legally delcp?c ?pA Buyer and Seller agree that the entitlement to deposit monies, and that 532 the parties maintain their legal rights to pursue litigation even altos distnbtttionn is made. 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 22 of Pennsylvania 534 law mill not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies, the attorneys' fees and costs aftho Braker(s) and licensee(s) will be paid by the party naming them in litigation. 536 ($) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer 537 1. Fart to make any additional payments as spec'rf zri in Paragraph 2, OR $38 2- Furnish false or incomplete inf°mration to Seiler, Broke s , or an other () Y party identified in this Agreement concerning 539 Buyer's legal or financial status, OR 540 3, violate or fm7 to fulfill and perform any other terms or conditions of this Agreement 541 (F) Unless otherwise checked in Paragraph 22(G), Seiler may elect to retain those sums paid by Buyer, including deposit monies: 542 1. On account of purchase price, OR .-- 543 2. As monies td be applied to Seller's damages, OR 544 3. As liquidated damages for such default 545 (G) ® SELLER 15 L Il121PI'EI? TO RETAEgNG his PAID BY BUYER, INCLUD7i IG DEPOSIT MONIMS, AS LIQUIDATED 546 DAMAGES. 547 (I3) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated- damages pursuant. to Para $48 Buyer and Seller are released from further liability or obligation and this Agreement is VOID. BmPh 2(P} or (G), 549 (1) Brokers and licensee9 are not responsible for unpaid deposits. 550 23. AlMIATION (1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement including 552 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of ? met S llers/Hame Buyers Dispute 553 Resolution System, unless it is not available; in which case Buyer and Seller will mediate according to the terns of the mediation sys- 554 teat offered or endorsed by the local Association of REALTORSO. Mediation fees, contained in the mediator's fee schedule, will be 555 divided equally among the parties and will be paid before the mediation conference. This mediation process must be concluded before 556 any party in the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if i< is necessary to 557 stop any statute of limitations from e„°piring. Any agreement reached through mediation and sighed by the parties will be binding (see 558 NoticeRegarding Mediation). Any agreement to mediate disputes or claims arisin from this 559 24, RELEASE P-05) g Agreement well survive settlement 560 Buyer releases, quit claims and forever discharges SIUME17, ALL BROKERS, their LICENSE 561 OMCER or PARTNER of any one of them and any other PERSON' Z7RM or CORPORATION N 3r may be [la sbiaad any 562 through them, from any and all clot who may by or ms, losses or demands, including, but not limited to, personal injury and property dam- 563 nge and all of the consequences tb=of, wWber ]mown or not, which may arise from the presence of termites or other wood- 564 boring iusects, radon, lead-based paint hazards, mold, fungi or indoor air quality, euviroomental hazards, any defects in the 565 individual on4ot sewage disposal system or de5oencies in the-on-aite water service system, or any defects or conditions on the 566 Property. Should Seller ba in default under the terms of this Agreement or !n violation of any Seller disclosure law or regula- 567 lion, this rckwz does not deprive Buyer of any right to pursue any remedies that may be available under low or equity. This 568 release will survive settlement. 569 25. RT,AL FSTAT€ RECOVERY FUND (9 05'} 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 zstnte licensee (or a licensee's affiliates) owing to fraud, mist> presentation, or deceit in a real estate transaction and who have been 573 unable to collect the judgment afltr exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783- 573 3658 or (800) 522-2113 (within.Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 574 26. COD/ fMCA ONS WPTH BUYERANDIOR S1;LLER (1-14) 575 Wherever this Agreement contains it provision that.requires or allows communicadon/dOlvery to a Buyer, that provision shall be satis- 576 Bed by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14. If there is no .Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- 573 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- 579 muniaadcaldelivery to a Seller, that provision shall be satisfied by communicadanldelivery to the Broker for Seller, if any. If there is 580 no Broker far Seller, those provisions may be satisfied only by'communica6cn/rlelivery being made directly to the Seller, unless other. 581 wise agreed to by the parties. 582 27. SPECTAI, CLAUSES (1-19) 583 (A) The following are part of this Agreement if checked: 584 ? Sale & Settlement of OtherProperty Contingency Addendum (PAR Forte SSP) 585 ? Sale & Settlement of Other Property Contingency with Right to Continue Marketing Addendum (PAR Form SS P-CM) 586 ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 587 0 Short Sale Addendum to Agreement of Sale (PAR Form SHE) 588 0 Appraisal Contingency Addendum (PAR Form ACA) 589 ? s9o ? x91 ? x-? ? -- 592 Dayer ASR Page 10 of 11 Rzybed 1/10 Seller initia547 n/ Produced with MpForms tryripLo& 48074 Fume, We Reed, Fraser, hAlchigpn AB028 ?m Rebut Driv,. I to 0 593 (B) Additional Terms: 594 595 596 597 598 599 500 601 602 603 604 b05 606 607 608 609 610 611 --- - - - --- ------------------- 612 613 614 615 Buyer and Seller arlmowledge receipt of a copy of this Agreement at the time of signing, 616 This Agreement uuy be esacuted in one or more. counterparts, each of which shall be deemed to be an original and which ceua- 617 terparts together sbail constitute aaa and the same Agreement of the Parties. 618 NOTICE TO PARtT.IES: WHff SIGNED, THIS AG , MXT IS A BLYDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 620 Return of this Av -eezuen4 and any addenda and amendments, Including return by electronic transmission, bearing the signatures 621 of all parties, constitutes ncccptanca by the parties. 62Z ! Buyer has received the Consnmcr Notice as adopted by the Stato Real Estate Commission at 49 Pa. Code 623 §35,336. 624 1 UUU Buyer has received a statement ofBuyer's estimated closing costs before signing this Agreement. 625 =1, ' . / Buyer bns read and understands the notices and explanatory information In this Agreement. 626 / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law 627 (see Wormation Regarding the Real Estate Seller Disclosure Laws 628 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 629 ?}( money) before signing this Agreement 630 Buyer has received the Lead-Based Paint Hazards ' losnre, which Is attached to this Agreement of Sale, and 631 the pamphlet Protect Your Fundy from Lead in Yonr H6qA prop e 1 prior to 1978) 632 Va-Tj-?ESS ece,, ,C.,J./ BUYER Sean K*Qf:E 633 Va-n%Ii;SS ?. e s.. kl,. l7 BUYER Sean Ssef£ r •' 634 WrMESS BUYER DATE 08/03/2010 PATE, 08/03,L2 0I0 DATE 635 Seller has received the Consumer Notice as adopted by the State Reza Estate Commission. at 49 Pa. Code § 35..336. 636 Seller has received a statement of Seller's estimated closing costs before signing this A reemeat. 637 Seller has read and understands the notices and explanatory inforntadon In thisj?Agreemc 638 WjTNESS 1> SEI. M DATE 639 ASS L. Woods, J DATE 640 WITNESS SELi?R DATE ASRPage 11 er11 Pr-d=1 %-Wi 7JpFwm9 by 7JpLopix 1aM Fiteee We P?d,Fracar, Aaeilpan iaoW -t-:dpLoo x -m 1247 Robert Drive 07/13/2010 08:09 FAZ 717 652 9261 HOWARD HANNA },?y) q iJ? t-7I01`a'S Have any additions, structural changes, or other 21te?adons..been made to the property during your ownership? ___-, Yes No @ 003/008 Ii yes, list additions, structural changes, or alterations (use additional sheets if necessary). Approximate date of work Were permits obtained? Were final inspections/approvals (Yes/No/Unknown) obtained? (YesJNonhlksowa) YR Q ? ? vao 1 1 I f s9 6p st si 63 64 65 M. b7 Plate to Baver. ?are P.4 Construction CodzAa 25P.3. §7210.101 et seq- (effective 3004), and heal-codes esrcb1&h standards for bud&T a/rd sa dtv=g properties. Buyers should check with the muntcrpdity to date wim--e if permits md//cr approvals were necessaryfor dudosad work and i as m, whether they were obtained Whem requmd pemuts were not obtained the murdcip;dity might require the curfew comer to upgrade or remove n changes made by prior counts. Buyers can have the prep" impeded by an erper t in codes compliance to deter-mme if issues er.'st Ezoanded 71 title =ermce policies mcr be available for Buyers to cover the risk ofwon/c clone to theproperry bypra,ious owners without apermit or approval. rz WA3710- ilSUFF v 73 (a) What iS the source of your dtinldng wrier?- -- Public-Water L,-'ell on Property -_ CoramunityWater - Try - _ None _ Other (explain): 75 (b) When was your water last tested? 5' S- Test results: re If your drinking water source is not public, is the pumping system in working order? No Tr If "no," explain: 78 (c) Do you have a softener, filter, or other treatment system? __j,-Tfes _ No 79 If you do not own the system, explain: as (d) Have you ever had a problem with your water supply? Yes 41No st (e) Has your well ever nm dry? _ Yes _ ,.. -NotApplicab[e az (t) Is there a well on the property not used as the primary source of drinking water? - Yes 1,-'No to If yes, is the well capped? _ Yes _ No 54 (g) Is the water system shared? Yes `j/ No e5 (h) Ara you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items? 96 _ Yes L.-Po U rakam any "yes" answers in this section, including the location and erfrnt of any problem(s) and any repair or remediatiou efforts: as 69 ea SEWAGE SYSTEM (a) What is the type of sewage system? _ Public Sewer --Zldividual On-lot Sewage Disposal System 91 92 Individual On-lot Sewage Disposal System iaProximity to Well - Community Sewage Disposal System 93 Ten-arse Permit Exemption _ Holding Tank -None - None AvailableJPemit Limitations in Effect 94 -Other type of sewage system (explain): 95 (b) If Individual Ou-lot sewage system, what type? _ Cesspool _In-frainfeeld Unknown as _ Other (specify): - 9r (c) Are there any septic tanks on the Property? es No - Unknown se If "Yes," what type of tank(s)? - Metal/steel L-Ccmendconcrete _ Fiberglass _ Unknown 99 Other (specify): too (d) When was the on-site sewage disposal system last serviced? 7- 5- 0 tat (e) Are there any sewage pumps located on the property'? - Yes ?I-No toe If yes, type(s) of pump(s) Are pump(s) in working order? - Yes No tai Who is responsible for maintenance of sewage pumps? _ Z?W 104 (f) Is the sewage system shared? _ Yes No tog (g) Are yon aware of any past orpresentleaks, backups, or other problems relating to the sewage system and related items? Yes _ No tali ;plain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or reuediatioa efforts: far tae 1. PLUA02fG SYSTEM Z tog Cc er Galvanized _ Lead __L?-1fV C Polybutyleue pipe.(PB) na (a) Type of plumbing (check all that apply): _, _ Mixed _ Uukmown -Other (explain): (b) Are you aware of any problems with any of your plumbing fixtures (e.g, including but not limited to: kitchen, latmdrN or bath- ttz room fbctures; wet bars; etc.)? _ Yes No 113 If "Yes," explain: 114 DONrI:STIC WATER HEATING _ to (a) Type of water heating: _ El c N?alGas FuelOui. _Pwpano _Solar -Stunner/ AatarHook-Up v6 Other (explain): ti7 (b) Are you aware of any problems with arrr water < PLAINTIFF'S -Yes No ne If "Yes," explain: t7 EXHIBIT tss ryerInitiaks: Date -, Seiler Initials: Date z If tar d HERRE BROS., INC. and R.D.J.A.M., L.P., Plaintiffs, v. CINEMAGIC, Defendant. - We... Page 1 of 2 1 4 Y, <ex#.. I nIn?.Et?ntiffs, v. CINEMAGIC, Defendant. HERRE on court of CdrYlmosy vama. Ma_rch2a 2006 WL 4404470 (Pa.Com.Pl.) (Trial Order) Return to list s of 32 results Court 911"IMAIbn Pleas of Pennsylvania. Cumberland County HERRE BROS., INC. and R.D.J.A.M., L.P., Plaintiffs, V. CINEMAGIC, Defendant. No. 04-5504• March 24, 2oo6. Civil In Re: Defendant's Preliminary Objections Before Hess, Oler and Guido, J.J. Opinion and Order Thomas J. Weber, Esquire, Carly J. Wismar, Esquire, For the Plaintiffs. Charles E Haddick, Jr., Esquire, J. David Ziegler, Esquire, For the Defendant. Kevin A. Hess, J. CIVIL ACTION-LAW Before the court are preliminary objections filed by the defendant, Cinemagic. The complaint in the case avers the following facts, in April 2004, defendant, Cinemagic, entered into a sales agreement with R.D.J.A.M., whereby R.D.J.A.M. agreed to sell to Cinemagic real estate which Cinemagic intended to use for a new office building. As part of the agreement, Cinemagic would employ the services of R.D.J.A.M.'s sister company, Herre Brothers, an electrical/mechanical contractor, in the construction process. This requirement, which had been inserted by hand into the agreement stated that "It is [Cinemagic's] intent to contract with Pyramid Construction Services to Build new Facility [sic], who in turn will utilize Herne Bros. Inc. for mechanical/Electric Trades for a reasonable cost." (Agreement at 2) As consideration for the requirement, R.D.J.A.M. agreed to a reduction in the sale price of the property. Once the sale was completed, Cinemagic's designated contractor, Pyramid Construction Services, contacted Herre Brothers to start the construction process. Herre Brothers submitted design drawings of the necessary mechanical and electrical components for the new building, as well as an estimate of $138,360.00 for the work. After receiving the drawings and the estimate, Cinemagic refused to work with Herre Brothers. R.D.J.A.M. and Herre Brothers ("the plaintiffs") responded by filing the instant action in October 2004, alleging two breach of contract claims: the first - by R.D.J.A.M. - that Cinemagic had breached its agreement with R.D.J.A.M. that it employ the services of Herre Brothers in exchange for a reduction in the cost of the real estate; and the second - by Herre Brothers - that cinemagic had breached its commitment to use Herre Brothers, an intended third party beneficiary of the agreement, for its electrical and mechanical needs. Cinemagic filed preliminary objections seeking to dismiss the entire action because R.D.J.A.M. had agreed to arbitrate all disputes that arose from the agreement, and because Herre Brothers was not an intended third party beneficiary to the agreement. DISCUSSION RELATED TOPICS Alternative Dispute Resolution Concept of Consolidated Arbitration General Rules of Construction Contract Object Nature and Purpose https://a.next.westlaw.com/Document/Il3l4bce3e2Odl ldbafc6849dc347959aNiew/Fu11T... 4/18/2012 HERRE BROS., INC. and R.D.J.A.M., L.P., Plaintiffs, v. CINEMAGIC, Defendant. - We ? k We will sustain the first preliminary objection which will have the effect of referring this matter to arbitration. The arbitration will include, of necessity, the question of whether Herre Brothers was an intended third party beneficiary of the agreement, making Cinemagic's second preliminary objection moot. Under the Pennsylvania Rules of Civil Procedure, a party may file a preliminary objection to dismiss a claim when there is a prior agreement to settle the claim by alternative dispute resolution. Pa.R.C.P. 1028(a)(6). Clause 29 of the Sales Agreement between Cinemagic and R.D.J.A.M. states that the "Buyer and Seller agree to arbitrate any dispute between them ... arising from this Agreement." (Agreement at 4) Because the dispute between the parties - whether Herre Brothers is an intended third party beneficiary - clearly arises out of the agreement, the claim should be dismissed and the matter resolved by arbitration. Where it is clear that the dispute arises out of an agreement containing a valid arbitration provision, Pennsylvania courts "favor the settlement of [the dispute] by arbitration ... to promote the swift and orderly disposition of claims." Children's Hospital of Philadelphia v. Amencan Arbitration Association, 331 A.2d 848, 850 (Pa.Super. 1974). The parties' dispute - whether Cinemagic was required to employ the services of Herre Brothers for its mechanical and electrical work - clearly arises from the agreement and is therefore governed by the arbitration provision. Because there is no question as to the validity of the arbitration provision in this case, the parties' dispute over the status of Herre Brothers as a third parry beneficiary should be submitted to arbitration. ORDER AND NOW, this 24 day of March, 2006, the preliminary objection of the defendant in the nature of a request to compel arbitration is GRANTED and this matter is referred to arbitration. BY THE COURT, -signature- Kevin A. Hess, J. Thomas J. Weber, Esquire Carly J. Wismer, Esquire For the Plaintiffs Charles E Haddick, Jr., Esquire J. David Ziegler, Esquire For the Defendant End of Document ® 2012 Thomson Reuters. No claim to original U.S. Government Works. Preferences My Contacts Offers Getting Startec Help Live Chat Sign Off WestfawNext. m 2012 Thomson Reuters Privacy Accessibility ContactJs 1-800-REF-ATTY (1.800-733-2889) Improve WestlawNext Page 2 of 2 :-. x? '??OM5[kH REUiE95 https://a.next.westlaw.com/Document/11314bce3e2Odl 1 dbafc6849dc347959a/View/Fu11T... 4/18/2012 Young v. McNaughton - WestlawNext N L.. Young Y of 2007 WL ;77Q08?2 4PF Court of Common eas o nns vania. sp em a R 007 2007 WL 577oo82 (Pa.Com.Pl.) (Trial Order) Return to list 21 of 32 results Court 0Y?14 % Pleas of Pennsylvania. Cumberland County David A. YOUNG and Sally Ann Young, Plaintiffs, V. Francis C. MCNAUGHTON and Peter J. Ressler, Individually and t/d/b/a Midpenn Estates, Defendants. No. o6-5759 CIVIL TERM. September 14, 2007. In re: Preliminary Objection of Defendants to Plaintiffs' Complaint Before Bayley, J. and Ebert, J. Opinion and Order of Court David J. Lanza, Esquire, For Plaintiffs. Michael Reed, Esquire, For Defendants. Edgar B. Bayley, J. On October 4, 2006, plaintiffs, David A. Young and Sally Ann Young, filed a complaint against defendants, Francis C. McNaughton and Peter J. Ressler, individually and t/d/b/a Midpenn Estates. Plaintiffs allege in Count I a breach of contract and in Count II fraudulent misrepresentation. Defendants filed a preliminary objection pursuant to Pa. Rule of Civil Procedure 1028(a)(6), seeking a stay and an order directing the parties to submit their dispute to arbitration. In their complaint, plaintiffs make the following averments. On January 5, 2005, plaintiffs and defendants entered into an Agreement for plaintiffs to purchase from defendants real estate at 3461 Market Street, Camp Hill, Cumberland County, Pennsylvania for $2,100,000.00. The sale was completed on January 31, 2005. The real estate contained Beazer Phenolic foam roof insulation, which is a toxic material that corrodes metal and is a health hazard. Prior to the sale, defendants were notified by Phenolic Consulting, a court appointed tort claims administrator, of the presence of Beazer Phenolic foam roof insulation on their property and of multi-party litigation against the manufacturer of the insulation due to the tendency of the insulation to destroy metal roofing components like those on the property in Camp Hill. Defendants were invited to participate in the litigation but declined. Defendants did not disclose to plaintiffs the existence of the litigation against Beazer nor did they inform plaintiffs of the existence of the faulty insulation. After defendants sold the property to plaintiffs, Phenolic Consulting again contacted defendants in an effort to convince them to join the litigation against Beazer. Defendants informed Phenolic Consulting that they had sold the property and refused to disclose the identity of the new owners (plaintiffs). The parties entered into an arbitration agreement that contains the following provisions: "Buyer and Seller agree to arbitrate any dispute between them ...," and the "agreement to arbitrate disputes arising from this Agreement will survive settlement" Plaintiffs maintain that this case should not be ordered to arbitration because the conduct they allege against defendants constitutes both breach of contract and tortious acts that continued after the contract was completed. Where a valid arbitration agreement exists between the parties and the dispute falls within the scope of the agreement, it must be submitted to arbitration. Callan v. Oxford Land Development, Inc., 858 A.2d 1229 (Pa. Super. 2004). When an arbitration Page 1 of 3 RELATED TOPICS Alternative Dispute Resolution Scope of Loan Agreement Arbitration Clause https:Ha.next.westlaw.com/Document/IO15637c2bd6fl 1 ddb5cbad29a280d47c/View/Fu11T... 4/18/2012 Young v. McNaughton - WestlawNext X A ti provision does not contain language that would suggest only contract claims fall within the purview of the agreement, any claims arising out of or relating to the agreement must be submitted to arbitration. Shadduck v. Christopher J. Kaclik, Inc., 713 A.2d 635 (Pa. Super. 1998). In Shadduck, the plaintiffs and defendants entered into a building contract, which contained an arbitration provision, for the construction of a residence in Fox Chapel, Pennsylvania. After the residence was completed, the plaintiffs filed a complaint for breach of contract, false representations regarding defendants' ability, or willingness, to construct [the plaintiffs'] home in a workmanlike fashion, and violations of the Unfair Trade Practices and Consumer Protection Law. The defendant filed a preliminary objection to compel arbitration. The Superior Court stated the issue as follows: [The defendant] argues that the arbitration agreement at issue was broadly worded and, by its plain language, contemplated that all disputes, whether styled in tort or contract language, be submitted to arbitration. Conversely, [the plaintiffs] aver that the parties' agreement to arbitrate was limited to causes of action sounding in contract and that they were permitted, therefore, to file the instant tort claim in the court of common pleas. The arbitration agreement stated, in part, that "[a]II claims or disputes between the Contractor and the Owner arising out of, or relating to, this Contract or the breach thereof shall be decided by arbitration ...." The Court stated: the parties intended to submit all of their grievances to arbitration, regardless of whether the claims sounded in tort or contract .... Indeed, given the agreement's expansive terms, the only reasonable conclusion is that a claim's substance, not its styling, is to control whether the complaining party must proceed to arbitration or may file in the court of common pleas. That is, if the claim arises out of, or relates to, the building contract or the purported breach thereof, the moving party's sole forum is compulsory arbitration. Relying on Nealy v. State Farm Mut. Auto. Ins. Co., 695 A.2d 790 (Pa. Super. 1997), the plaintiffs maintained that their claim for fraudulent misrepresentation was distinct from any claims arising out of the building contract and, therefore, must be litigated in court. In Nealy, which involved a statutory bad faith claim pursuant to 42 Pa.C.S. § 8371, the Superior Court held that "because the behavior complained of is temporally and factually distinct from any behavior that would impact upon the outcome of the damages and liability disposition of the contract claim," the bad faith claim brought by the plaintiffs should be litigated in court rather than sent to arbitration. In Shadduck, the Superior Court concluded that the facts were distinguishable from those in Neely because the misrepresentations complained of occurred before, during, and after construction of the Fox Chapel residence, whereas the conduct in Nealy that gave rise to the bad faith claim occurred only after the conduct from which the dispute arose, a contractual insurance claim, and was temporally and factually distinct from that claim. The Court stated that "the same factual averments underlie both [the plaintiffs] tort and breach of contract claims," and the underlying tort claim arose out of the building contract and was not temporally and factually distinct from the behavior averred in the breach of contract claim. Therefore, all of the claims had to be submitted to arbitration. In the present case, like in Shadduck, there are counts for fraudulent misrepresentation and breach of contract. Paragraph 29 states that "Buyer and Seller agree to arbitrate any dispute between them ...," and the "agreement to arbitrate disputes arising from this Agreement will survive settlement." (Emphasis added.) As in Shadduck, where the arbitration provision encompassed "[a]II claims and disputes," there is no limiting language in Paragraph 29 that would lead one to believe that only contract claims fall within the purview of the agreement. In rejecting the plaintiffs' attempt to bring their false representation claim within the Nealy exception by arguing that it was "temporally and factually" distinct from their breach of contract claim, the Superior Court in Shadduck noted that the behavior complained of occurred before, during, and after construction of the plaintiffs' residence by the defendants, and the averments underlying the breach of contract claim were the same as those underlying the fraudulent Page 2 of 3 https://a.next.westlaw.com/Document/1015637c2bd6fl 1ddb5cbad29a280d47cNiew/Fu11T... 4/18/2012 Young v. McNaughton - WestlawNext ,r 4 s misrepresentation claim. In the case sub judice, plaintiffs aver that defendants' concealment of the Beazer Phenolic foam roof insulation and refusal to reveal plaintiffs' identity to the tort claims administrator occurred prior to and subsequent to the sale of the property. The fraudulent misrepresentation claim is not "temporally and factually" distinct from the breach of contract claim. Therefore, the following order is entered. ORDER OF COURT AND NOW, this day of September, 2007, IT IS ORDERED: (1) The dispute between plaintiffs and defendants shall be submitted to arbitration. (2) The proceedings in this case, ARE STAYED. By the Court, Edgar B. Bayley, J. David J. Lanza, Esquire For Plaintiffs Michael Reed, Esquire For Defendants Page 3 of 3 End of Document © 2012 Thomson Reuters. No claim to original U.S. Government Works. Preferences My Contacts Offers Getting Started Help Live Chat Sign Off WestlawNext. @2012 Thomson Reuters Privacy Accessibility Contact Ls 1-800-REF-ATTY (1-800-733-2889) Improve WestlawNext https://a.next.westlaw.com/Docwnent/IO15637c2bd6fl 1ddb5cbad29a280d47c/View/Fu11T... 4/18/2012 r # s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRYAN ALLEN AND JULIEANN CIVIL ACTION - LAW GUTSHALL, Plaintiffs, V. NO.: 2012-1995 JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF, Defendants. ORDER OF COURT AND NOW, this day of 2012, upon consideration of Preliminary Objections filed by Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc., it is hereby ORDERED, ADJUDGED and DECREED that the same are GRANTED. BY THE COURT: J. W ,t 0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT was served via U.S. Mail, postage prepaid, this 20th day of April 2012 upon the following: DREW F. DEYO, ESQUIRE STEVEN R. SNYDER, ESQUIRE ROMINGER & ASSOCIATES 155 SOUTH HANOVER STREET CARLISLE, PA 17013 (Counsel for Plaintifj) THOMAS S. LEE, ESQUIRE CALDWELL & KEARNS 3631 NORTH FRONT STREET HARRISBURG, PA 17110-1533 (Counsel for Homesale Real Estate Services, Inc. d/b/a Prudential Homesale Services Group and Sean Kiefj) JACK WOODS 4301 MARTINIQUE CIRCLE #L2 COCONUT CREEK, FL 33066-1451 O'MALLEY & MAGLEY, L.L.P. By: A M. KOCFJONY, ESQUIRE Counsel for Defendants, Christopher D , lMda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc. calf .y PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) y,E H 01101 f ".I TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter fprlthe.next r? Argument Court.) June 1, 2012 Argument Court `ti 30 P11 3: ? 1 ------- -------------------------------------------------------------------------------------- ----------------------- CAPTION OF CASE `""IK); AND COUNT'I' 17 A (entire caption must be stated in full) 1`; 1 S't' LVA k I V. BRYAN ALLEN and JULIEANN GUTSHALL vs. JACK WOODS, CHRISTOPHER DETWEIL[ 0 No 2012-1995 CIVIL Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANTS HOMESALE REAL ESTATE SERVICES. INC. DISIA PRUDENTIAL HOMF.SAL E SERVICES GROUP AND SEAN KIEFFS PRELIMINARY OSJECTIONS TO PLAINTIFFS' COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: DREW DEYO, ESQ.; 155 South Hanover St., Carlisle, PA 17013 (Name and Address) (b) for defendants: JAMES GOLDSMITH or THOMAS LEE, 3631 N. Front St., Harrisburg, PA 17110 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: June 1, 2012 Argument Court Signature ' THOMAS (.CC Print your name Defendant Homesale Real Estate Services, Inc and Sean Kieff Date: April 19, 2012 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. otak 4 1 C?. -Z5? Oki ?? 58 9 a? CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing Praecipe for Listing upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Drew F. Deyo, Esquire Steven R. Snyder, Esquire 155 South Hanover Street Carlisle, PA 17013 Counsel for Plaintiffs Christopher Detweiler Howard Hanna 3310 Market Street Camp Hill, PA 17011 Defendant Howard Hanna Real Estate Services, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant Jack Woods 4301 Martinique Circle, #12 Mechanicsburg, PA 17055 Defendant Linda Harper Howard Hanna 5137 Devonshire Road Harrisburg, PA 177112 Defendant Hanna Holdings, Inc. 119 Gamma Drive Pittsburgh, PA 15238 Defendant CALDWELL & KEARNNS, P.C. By: Thomas S. Lee Attorney I.D. No. 89440 3631 North Front Street Harrisburg, PA 17110 717-232-7661 Attorneys for Defendants Homesale Real Estate Services, Inc. and Sean Kieff DATED: April 19, 2012 OW PRAECIPE FOR LISTING C SE FOR ARGUMENT (Must be typewritten and submitted in triplicate) , TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Bryan Allen and Julieann Gutshall vs. (List the within matter forth "} e)tZ; ?? -------------------------------- 745 C:) X CD Jack Woods, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., Howard Holdings, Inc., Homesale Real Estate Services, Inc., d/b/a Prudential Homesale Services Group, and Sean Kieff No. 2012 1995 Term State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections on behalf of Defendants. Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc. and Howard Holdings, Inc. Identify all counsel who will argue cases: (a) for plaintiffs: Drew F. Deyo, Esquire, Rominger & Associates, 155 South Hanover Street, Carlisle, PA 17013 (Name and Address) (b) for defendants: Krista M. Kochosky, Esquire, O'Malley & Magley, L.L.P., 5280 Steubenville Pike, Pittsburgh, PA 15205 (Name and Address) Thomas S. Lee, Esquire, Caldwell & Kearns, 3631 North Front Street, Harrisburg, PA 17110-1553 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: 04/20/2012 Si ature Krista M. Kochosky, Esquire Print your name Attorney for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc. and Howard Holdings, Inc. INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Pik 27q(45 BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ,y CIVIL ACTION - LAW- r NO. 2012-1995-CV n? f -- . <,. -a JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO DEFENDANTS' CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., AND HOWARD HOLDINGS, INC., PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, come Plaintiffs, Bryan Allen and Julieann Gutshall, by and through their counsel, Drew F. Deyo, Esquire, and answer Defendant's Preliminary Objections to Plaintiff's Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. 6. Admitted in part, denied in part. While Plaintiffs admit that they were aware that the property at issue had an individual on lot sewage disposal system which consisted of a septic tank and a drainfield, Plaintiffs were wholly unaware of any defects or problems with the sewage disposal system. 7. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 8. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 9. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 10. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 11. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 12. Admitted. 13. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 14. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 15. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 16. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 17. Denied. 18. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 19. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 20. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 21. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 22. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 23. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 24. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 25. Denied. 26. Denied. 27. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 28. Denied. 29. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 30. Admitted. 31. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 32. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 33. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 34. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 35. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 36. Denied. 37. Admitted. 38. Denied. 39. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiffs respectfully request Defendant's Preliminary Objections be DENIED. \-'? r.?- - Date: (( Respectfully submitted, ROMINGER & ASSOCIATES L.. Drew F eyo, Esquir 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Plaintiff VERIFICATION Drew F. Deyo, Esquire, states that he is the attorney for Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. _ Date: 4 -12- 1 ?- z Drew eyo, Esquire Attorney for Plaintiff BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-1995-CV JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Answer upon the following by first class mail, postage prepaid at Carlisle, Pennsylvania, addressed as follows: CALDWELL & KEARNS, P.C. Krista M. Kochosky, Esquire James L. Goldsmith 5280 Steubenville Pike Thomas S. Lee Pittsburgh, PA 15205 3631 North Front Street Counsel for Defendants, Harrisburg, PA 17110 Christopher Detweiler, Linda Harper, Attorneys for Defendants Howard Hanna Real Estate Services, Homesale Real Estate Services, Inc. Inc., and Howard Holdings, Inc. and Sean Kieff Respectfully submitted, Rominger & Associates Date: May 17, 2012 Drew F. Deyo, Es uire Supreme Court ID # 308857 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS-OF,,,, CUMBERLAND COUNTY, PENNSY?AI G7 ? CIVIL ACTION - LAW NO. NO. 2012-1995-CV • may` t..,.? i,-.` _. r+ / y t__'5 : JURY TRIAL DEMANDED PLAINTIFFS' ANSWER TO PRELIMINARY OBJECTIONS OF DEFENDANTS HOMESALE REAL ESTATE SERVICES, INC. AND SEAN KIEFF AND NOW, come Plaintiffs, Bryan Allen and Julieann Gutshall, by and through their counsel, Drew F. Deyo, Esquire, and answer Defendant's Preliminary Objections to Plaintiffs Complaint, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Paragraph seven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 8. Paragraph eight amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 9. Admitted. 10. Paragraph ten amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 11. Paragraph eleven amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 12. Paragraph twelve amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 13. Paragraph thirteen amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 14. Admitted. 15. Paragraph fifteen amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 16. Paragraph sixteen amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 17. Paragraph seventeen amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 18. Admitted. 19. Denied. 20. Paragraph twenty amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 21. Admitted. 22. Admitted. 23. Paragraph twenty-three amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 24. Denied. 25. Denied. 26. Denied. 27. Denied. 28. Paragraph twenty-eight amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 29. Denied. 30. Denied. 31. Paragraph thirty-one amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 32. Admitted in part; denied in part. Plaintiffs admit that Count VII of their Complaint is purported to sound in the Unfair Trade Practices and Consumer Protection Law, but deny that said Count relies solely upon Glover v. Deem, 74 Pa.D&CAIh 175, 2005 WL 3008177 (C.P. Washington Co. 2005). 33. Denied. 34. Paragraph thirty-four amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 35. Paragraph thirty-five amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 36. Paragraph thirty-six amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 37. Denied. 38. Denied. 39. Paragraph thirty-nine amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 40. Paragraph forty amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. 41. Paragraph forty-one amounts to a conclusion of law to which no responsive pleading is required as per the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiffs respectfully request Defendant's Preliminary Objections be DENIED. Date: ( Respectfully submitted, ROMINGER & ASSOCIATES _Z - - -7 Drew F. eyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Plaintiff VERIFICATION Drew F. Deyo, Esquire, states that he is the attorney for Plaintiffs in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: C 0'- ew o, Es4wre Attorney for Plaintiff BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-1995-CV JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the Answer upon the following by first class mail, postage prepaid at Carlisle, Pennsylvania, addressed as follows: Krista M. Kochosky, Esquire 5280 Steubenville Pike Pittsburgh, PA 15205 Counsel for Defendants, Christopher Detweiler, Linda Harper, Howard Hanna Real Estate Services, Inc., and Howard Holdings, Inc. Date: May 17, 2012 CALDWELL & KEARNS, P.C. James L. Goldsmith Thomas S. Lee 3631 North Front Street Harrisburg, PA 17110 Attorneys for Defendants Homesale Real Estate Services, Inc and Sean Kieff Respectfully submitted, Rominger & Associates -- 41xrl Drew F. Deyo, A' e Supreme Court ID # 308857 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 l BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW / NO. l - 19Q?S / %?/?G JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: w? rn c-. P? Ev Please withdraw the above-captioned matter without prejudice on behalf of the Plaintiffs, Bryan Allen and Julieann Gutshall. Respectfully submitted, ROMINGER & ASSOCIATES Date: Z_ - `??)_ Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Plaintiffs cc: Thomas S. Lee, Esquire Krista M. Kochosky, Esquire BRYAN ALLEN, AND JULIEANN GUTSHALL Plaintiffs V. JACK WOODS, CHRISTOPHER DETWEILER, LINDA HARPER, HOWARD HANNA REAL ESTATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. SERVICES, INC., HOWARD HOLDINGS, INC., HOMESALE REAL ESTATE SERVICES, INC., D/B/A JURY TRIAL DEMANDED PRUDENTIAL HOMESALE SERVICES GROUP, AND SEAN KIEFF Defendants CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Thomas S. Lee, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Krista M. Kochosky, Esquire O'Malley and Magley, L.L.P. 5280 Steubenville Pike Pittsburgh, PA 15205 Date: ??? 1 ?? Respectfully su itted, ROMIN & SSOCIATES Dfew F.beyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Plaintiffs