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HomeMy WebLinkAbout13-1794 Supreme Co nnsylvania COUP1»1 leas For Prothonotary Use Only: t Docket No: -�� Cu � „�L County I f The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition O Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff s Name: Lead Defendant's Name: C LEONORA D'AIRO and EDDIE SUTTON, JR. TALIB O. KARIM and BAFRIN A. KARIM T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? M Yes 0 No (check one) [@outside arbitration limits O N Is this a Class Action Suit? 0 Yes ll No Is this an MDJAppeal? 0 Yes E No A Name of Plaintiff /Appellant's Attorney: ULYSSES S. WILSON, ESQUIRE 0 Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional IN Buyer Plaintiff Administrative Agencies O Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other O Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability 8 Statutory Appeal: Other S 0 Product Liability (does not include ❑Employment Dispute: E mass tort) 0 Discrimination Slander/Libel/ Defamation C 0 Other: 0 Employment Dispute: Other 0 Zoning Board 0 Other: T I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco O Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain/Condemnation Declaratory Judgment B 0 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin O Legal 0 Quiet Title 0 Other: 0 Medical ❑ Other: Other Professional: Updated 1/1/2011 �t�EQ•O�F! prARY JOHNSON, DUFFIE, STEWART & WEIDN Co���Y Attorneys for Plaintiffs By: Ulysses S. Wilson CU Y COU I.D. No. 312598 301 Market Street - P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 LEONORA D'AIRO and EDDIE SUTTON IN THE COURT OF COMMON PLEAS OF JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V CIVIL ACTION - LAW TALIB O. KARIM and BAFRIN A. KARIM �3 1 9y husband and wife, NO. Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249 -3166 Toll Free (800) 990 -9108 41 a kq. I d3.�S�x1 Q N, 1+ 109 U i2w 00% %10> NOTICE CONCERNING MEDIATION OF ACTIONS PENDING BEFORE THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY The Judges of the Court of Common Pleas of Cumberland County believe that mediation of lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in some manner from mediation. The Court has adopted Cumberland County Local Rule 1001 to encourage the use of mediation. This early alert enables litigants to determine the best time during the life of their lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the requirement to consider good faith mediation at the optimal time. The Cumberland County Bar Association provides mediation services and can be reached at (717) 249 -3166. Free mediation sessions for pro bono cases referred by MidPenn Legal Services are available through the CCBA. "ISO LISTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomaraccion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association Lawyer Referral and Information Service 32 South Bedford St. Carlisle, PA 17013 Telephone (717) 249 -3166 Toll Free (800) 990 -9108 2 "ISO REFERENCES A LA MEDIACION DE LAS ACCIONES PENDIENTES ANTES LA CORTE DE SOPLICAS COMUNES DEL CONDADO DE CUMBERLAND Los jueces de la corte de suplicas corn unes del condado de Cumberland creen que la mediacion de pleitos es un componente rnuy importante de la resolucion del conflicto. Virtualrnente todos los pleitos pueden beneficiar de cierta manera de la mediacion. La code ha adoptado la regla local de condado de Cumberland 1001 para animar el use de la mediaciOn. Esta alarrna tern prana permite a litigantes determiner la rnejor epoca durante la vida de su pleito para una sesion de la med iacion. El intento de esta alarrna tern prana es actuar sobre la mediacion de la buena fe en el tiempo Optimo. La asociacion de la barra del condado de Cumberland proporciona servicios de la mediacion y se puede alcanzar en (717) 249 -3166 . La sesi6n libre de la rnediaciOn para los favorables casos del bono se refinio por MidPenn que los servicios juridicos estan disponibles con el CCBA. 3 JOHNSON, DUFFIE, STEWART & WEIDNER Attorneys for Plaintiffs By: Ulysses S. Wilson I.D. No. 312598 301 Market Street - P. O. Box 109 Lemoyne, PA 17043 -0109 (717) 761 -4540 LEONORA D'AIRO and EDDIE SUTTON IN THE COURT OF COMMON PLEAS OF JR., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW TALIB O. KARIM and BAFRIN A. KARIM, husband and wife, NO. Defendants JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Leonora D'Airo and Eddie Sutton Jr., by and through their attorneys, Johnson, Duffie, Stewart & Weidner, and respectfully submit the following: THE PARTIES 1. Plaintiff, Leonora D'Airo, is an adult individual and owner of the residence located at 349 N. 2 nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043 (hereinafter the "Property "). 2. Plaintiff, Eddie Sutton Jr., is an adult individual and resides at the residence located at 349 N. 2 nd Street, Wormleysburg, Cumberland County, Pennsylvania 17043 (hereinafter the "Property "). 3. Defendants, Talib O. Karim and Bafrin A. Karim, husband and wife, are adult individuals who reside at 117 Dogwood Drive, Pittsburgh, Pennsylvania 15235. 4 FACTUAL BACKGROUND 4. Defendants purchased the Property on or around May 30, 2000. 5. Defendants sold the Property to Plaintiff D'Airo on May 30, 2012 by Deed #201217105 recorded on June 8, 2012. A copy of the Deed is attached as Exhibit A. 6. Defendants answered "No" in response to the disclosure, "Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space ?" See Question 4(b) on Seller's Property Disclosure Statement, attached as Exhibit B. 7. Defendants answered "No" in response to the disclosure, "Are you aware of any past or present water leakage in the house or other structures ?" See Question 6(a) on Seller's Property Disclosure Statement, attached as Exhibit B. 8. Defendants answered "No" in response to the disclosure, "Do you know of any past or present drainage or flooding problems affecting the property ?" See Question 16(b) on Seller's Property Disclosure Statement, attached as Exhibit B. 9. In or around early summer of 2012, after several days of heavy rain, Plaintiffs discovered water in the Property's basement. 10. In or around late fall of 2012, after several days of heavy rain, Plaintiffs discovered large amounts of water in the Property's basement. 11. At the request of the Plaintiffs, on or around January 10, 2013 and January 17, 2013, waterproofing and concrete specialists conducted visits to the Property to determine the extent of the water damage. 12. The specialists discovered that within the last two (2) years the Property's basement had been "drylocked," a process to repair /remediate wet, flooded, and water prone basements. 5 13. The specialists discovered the grout between the basement cinderblock walls had turned into crumbling white powder; a result of the basement being exposed to acidic rain water over a long period of time. 14. At the same time, the specialists discovered a large squeegee left in the basement by the Defendants, presumably to move standing water in the basement. 15. The specialists removed wall paneling in the basement and discovered extensive water damage including mold, mildew, and warped baseboards requiring professional mold removal and remediation. 16. The basement requires waterproofing and installation of a sump pump at the cost of $17,679.00. See Proposal for Foundation Waterproofing attached as Exhibit C. 17. Professional mold removal and remediation is estimated to cost six thousand dollars ($6,000.00). 18. It is believed and therefore averred that the Defendants were aware of the Property's basement water problems before they sold the Property to the Plaintiffs. 19. These defects were not disclosed to Plaintiff by the Defendants. 20. Rather, the history of water in the basement was concealed by the Defendants prior to sale. 21. Furthermore, Defendants engaged in fraud, purposeful concealment and failure to disclose material defects to the Property before its sale to the Plaintiff in 2012, which was later discovered as pled above. COUNT I - (FRAUDULENT CONCEALMENT (§ 550 OF RESTATEMENT OF TORTS) LEONORA VAIRO v. TALIB O. KARIM and BAFRIN A. KARIM 6 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 23. The Restatement of Torts 2d § 550 states: "One party to a transaction who by concealment or other action intentionally prevents the other from acquiring material information is subject to the same liability to the other, for pecuniary loss as though he had stated the nonexistence of the matter that the other was thus prevented from discovering." 24. As pled, the Defendants agreed to sell the Property to Plaintiff by an Agreement of Sale on or about April 17, 2012. 25. Related to that sale, the Defendants completed the required Real Estate Seller's Disclosure Statement. 26. The same was delivered to Plaintiffs and is dated January 27, 2012 and is attached hereto as Exhibit B. 27. As indicated on the Seller's Disclosure Statement the Defendants were asked and answered as follows: 4. BASEMENTS AND CRAWL SPACES (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes X No See Question 4(b) on Seller's Property Disclosure Statement, attached as Exhibit 6. STRUCTURAL ITEMS (a) Are you aware of any past or present water leakage in the house or other structures? Yes X No 16. LAND (SOILS, DRAIANGE, FLOODING, AND BOUNDARIES) (b) Flooding /Drainage 7 (2) Do you know of any past or present drainage or flooding problems affecting the property? Yes X No 28. As pled, drylocking undertaken to conceal and correct water damage to the basement was discovered by Plaintiffs' experts after Plaintiffs moved into the Property. 29. This repair /remediation was made during the ownership of the Property by the Defendants. 30. Despite making or causing this repair to be made, the Defendants did not disclose the same or any suspicions as to basement water issues with the Property on the Seller's Disclosure Statement or otherwise. 31. Since this repair was made, Defendants knew there was water leakage, accumulation, or dampness within the basement. 32. Since this repair was made, the Defendants knew there was past and /or present water leakage in the house. 33. Since this repair was made, the Defendants knew there was past and /or present flooding or drainage problems affecting the property. 34. The responses of the Defendants to the above questions on the Sellers' Disclosure Statement were fraudulent and intentional misrepresentations to the Plaintiffs. 35. These representations were made to Plaintiff D'Airo to induce her to purchase the Property at a price which did not reflect these concealed defects. 36. The fraudulent misrepresentations have caused Plaintiff D'Airo injury in that she was not aware of the basement water problems with the Property when she purchased the same at a purchase price which was reflective of no defects known by the Sellers. 8 37. Plaintiff D'Airo has also suffered injury caused by these misrepresentations in the costs to repair the Property which is substantial. 38. The Defendants conduct in concealing the repairs /remediations of defects in the home and misrepresenting that there were no known or reasonably discoverable material defects with the Property amounts to reckless conduct. 39. Based upon the actions and omissions pled herein, Plaintiff D'Airo seeks punitive damages against the Defendants. WHEREFORE, Plaintiff D'Airo demands judgment against the Defendants Talib O. Karim and Bafrin A. Karim, in an amount of $23,679.00 for compensatory damages plus punitive damages, and such other relief as this Honorable Court deems appropriate. COUNT II (FRAUDULENT OR INTENTIONAL MISREPRESENTATION /FAILURE TO DISCLOSURE ( §551 OF RESTATEMENT OF TORTS)) LEONORA VAIRO v. TALIB O. KARIM and BAFRIN A. KARIM 40. Paragraphs 1 through 39 of Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 41. As pled, the Defendants agreed to sell the Property to Plaintiff by an Agreement of Sale on or about April 17, 2012. 42. Related to that sale, the Defendants completed the required Real Estate Seller's Disclosure Statement. 43. The same was delivered to Plaintiff and is dated January 27, 2012, and is attached hereto as Exhibit B. 44. As indicated on the Seller's Disclosure Statement, the Defendants were asked and answered as follows: 9 4. BASEMENTS AND CRAWL SPACES (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes X No See Question 4(b) on Seller's Property Disclosure Statement, attached as Exhibit 6. STRUCTURAL ITEMS (a) Are you aware of any past or present water leakage in the house or other structures? Yes X No 16. LAND (SOILS, DRAIANGE, FLOODING, AND BOUNDARIES) (b) Flooding /Drainage (2) Do you know of any past or present drainage or flooding problems affecting the property? Yes X No 45. As pled, drylocking undertaken to conceal and remediate water damage to the basement was discovered by Plaintiffs' experts after Plaintiffs moved into the Property. 46. This repair /remediation was made during the ownership of the Property by the Defendants. 47. Despite making or causing this repair /remediation to be made, the Defendants did not disclose the same or any suspicions as to basement water issues with the Property on the Seller's Disclosure Statement or otherwise. 48. Since this repair was made, Defendants knew there was water leakage, accumulation, or dampness within the basement. 49. Since this repair was made, the Defendants knew there was past and/or present water leakage in the house. 10 50. Since this repair was made, the Defendants knew there was past and /or present flooding or drainage problems affecting the property. 51. The responses of the Defendants to the above questions on the Sellers' Disclosure Statement are fraudulent and intentional misrepresentations to the Plaintiffs. 52. These representations were made to Plaintiff D'Airo to induce her to purchase the Property at a price which did not reflect these concealed defects. 53. These fraudulent misrepresentations have caused Plaintiff D'Airo injury in that she was not aware of the basement water problems with the Property when she purchased the same at a purchase price which was reflective of no defects known by the Sellers. 54. Plaintiff D'Airo has also suffered injury caused by this misrepresentation in the costs to repair the Property which is substantial. 55. The Defendants conduct in concealing the repairs /remediations of defects in the home and misrepresenting that there were no known or reasonably discoverable material defects with the Property amounts to reckless conduct. 56. Based upon the actions and omissions pled herein, Plaintiff D'Airo seeks punitive damages against the Defendants. WHEREFORE, Plaintiff D'Airo demands judgment against the Defendants Talib O. Karim and Bafrin A. Karim, in an amount of $23,679.00 for compensatory damages plus punitive damages, and such other relief as this Honorable Court deems appropriate. COUNT III (VIOLATION OF SELLERS DISCLOSURE LAW— 68 PA.C.S.A. §7311 ET SEQ.) LEONORA D'AIRO v. TALIB O. KARIM and BAFRIN A. KARIM 57. Paragraphs 1 through 56 of Plaintiffs' Complaint are incorporated herein by reference as if set forth in full. 11 58. The Real Estate Seller Disclosure Law 68 Pa.C.S. §§ 7301 et seq. provides that any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property by completing all applicable items in a property disclosure statement and shall deliver to the buyer a signed and dated copy of the completed statement prior to the signing of an agreement of transfer by the seller and buyer with respect to the property. 59. As pled, the Defendants agreed to sell the Property to Plaintiff by an Agreement of Sale on or about April 17, 2012. 60. Related to that sale, the Defendants completed the required Real Estate Seller's Disclosure Statement. 61. The same was delivered to Plaintiff and is dated January 27, 2012, and is attached hereto as Exhibit B. 62. As indicated on the Seller's Disclosure Statement the Defendants were asked and answered as follows: 4. BASEMENTS AND CRAWL SPACES (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes X No See Question 4(b) on Seller's Property Disclosure Statement, attached as Exhibit 6. STRUCTURAL ITEMS (a) Are you aware of any past or present water leakage in the house or other structures? Yes X No 16. LAND (SOILS, DRAIANGE, FLOODING, AND BOUNDARIES) (b) Flooding /Drainage 12 (2) Do you know of any past or present drainage or flooding problems affecting the property? Yes X No 63. As pled, repairs /remediations undertaken to conceal and remediate water damage to the basement were discovered by Plaintiffs' experts after Plaintiffs moved into the Property. 64. This repair was made during the ownership of the Property by the Defendants. 65. Despite making or causing this repair to be made, the Defendants did not disclose the same or any suspicions as to basement water problems with the Property on the Seller's Disclosure Statement or otherwise. 66. Since this repair was made, Defendants knew or should have known there was water leakage, accumulation, or dampness within the basement. 67. Since this repair was made, the Defendants knew or should have known, there was past and /or present water leakage in the house. 68. Since this repair was made, the Defendants knew or should have known there was past and /or present flooding or drainage problems affecting the property. 69. The responses of the Defendants to the above questions on the Seller's Disclosure Statement are negligent misrepresentations to the Plaintiff. 70. These misrepresentations have caused Plaintiff D'Airo injury in that she was not aware of the basement water problems with the Property when she purchased the same at a purchase price which was reflective of no material defects known by the Sellers. 71. Plaintiff D'Airo has also suffered injury caused by these misrepresentations in costs to repair the Property which is substantial. 13 72. The Defendants' conduct in concealing the repairs /remediations to the home and negligently misrepresenting that there are no known or reasonably discoverable material defects with the Property amounts to reckless conduct. 73. Based upon the actions and omissions pled herein, Plaintiff D'Airo seeks punitive damages against the Defendants. WHEREFORE, Plaintiff D'Airo demands judgment against the Defendants Talib O. Karim and Bafrin A. Karim, in an amount of $23,679.00 for compensatory damages plus punitive damages, and such other relief as this Honorable Court deems appropriate. COUNT IV (VIOLATION OF THE UNFAIR TRADES PRACTICES AND CONSUMER PROTECTION LAW — 73 P.S. § 201 -1 ET SEQ.) LEONORA D'AIRO v. TALIB O. KARIM and BAFRIN A. KARIM 74. Paragraphs 1 through 73 of Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 75. As pled, the Defendants agreed to sell the Property to Plaintiff by an Agreement of Sale on or about April 17, 2012. 76. The Property was purchased by Plaintiff D'Airo to be used as a residence by her and her son, Plaintiff Sutton. 77. The Property continues to be used as Plaintiffs' residence. 78. Related to that sale, the Defendants completed the required Real Estate Seller's Disclosure Statement. 79. The same was delivered to Plaintiff and is dated January 27, 2012, and is attached hereto as Exhibit B. 14 80. As indicated on the Seller's Disclosure Statement the Defendants were asked and answered as follows: 4. BASEMENTS AND CRAWL SPACES (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? Yes X No See Question 4(b) on Seller's Property Disclosure Statement, attached as Exhibit 6. STRUCTURAL ITEMS (a) Are you aware of any past or present water leakage in the house or other structures? Yes X No 16. LAND (SOILS, DRAIANGE, FLOODING, AND BOUNDARIES) (b) Flooding /Drainage (2) Do you know of any past or present drainage or flooding problems affecting the property? Yes X No 81. As pled, repairs /remediations undertaken to conceal and remediate water damage to the basement were discovered by Plaintiffs' experts after Plaintiffs moved into the Property. 82. This repair was made during the ownership of the Property by the Defendants. 83. Despite making or causing this repair to be made, the Defendants did not disclose the same or any suspicions as to basement water issues with the Property on the Seller's Disclosure Statement or otherwise. 84. Since this repair was made, Defendants knew or should have known there was water leakage, accumulation, or dampness within the basement. 15 85. Since this repair was made, the Defendants knew or should have known, there was past and /or present water leakage in the house. 86. Since this repair was made, the Defendants knew or should have known there was past and /or present flooding or drainage problems affecting the property. 87. The responses of the Defendants to the above questions on the Seller's Disclosure Statement are fraudulent misrepresentations to the Plaintiff. 88. Each of these fraudulent misrepresentations are an unfair trade practice under Pennsylvania law. 89. These misrepresentations have caused Plaintiff D'Airo injury in that she was not aware of the basement water problems with the Property when she purchased the same at a purchase price which was reflective of no material defects known by the Sellers. 90. Plaintiff D'Airo has also suffered injury caused by these misrepresentations in costs to repair the Property which is substantial. 91. The Defendants' conduct in concealing the repairs /remediations to the home and misrepresenting that there are no known or reasonably discoverable material defects with the Property amounts to unfair trade practices, fraud, and wanton, willful, and exhibits a reckless indifference to the rights of the Plaintiffs. 92. Based upon the actions and omissions pled herein, Plaintiffs seek treble or punitive damages against the Defendants as provided for under the Unfair Trade Practices Act. 93. Plaintiffs also seek their costs of suit and reasonable attorney's fees as provided for under the Unfair Trade Practices Act. WHEREFORE, Plaintiff D'Airo demands judgment against the Defendants Talib O. Karim and Bafrin A. Karim, in an amount of $23,679.00 for compensatory damages plus punitive 16 or treble damages, recovery of litigation costs and reasonable attorney's fees and such other relief as this Honorable Court deems appropriate. COUNT V — NEGLIGENT MISREPRESENTATION EDDIE SUTTON JR. v. TALIB O. KARIM and BAFRtN A. KARIM 94. Plaintiff Sutton incorporates by reference Paragraphs 1 -93 as though fully set forth herein. 95. Defendants were aware that the Property experienced water leakage, accumulation, or dampness within the basement. 96. Defendants were aware that the Property experienced past and /or present water leakage in the house. 97. Defendants were aware of past and /or present flooding or drainage problems affecting the Property. 98. Defendants made or had made repairs /remediations in the basement as a result of said water leakage, accumulation, dampness, flooding, and /or drainage problems affecting the Property. 99. Despite their knowledge of said basement water issues and subsequent repairs, Defendants each represented that they were not aware of any water leakage, accumulation, or dampness within the basement or repairs on the Property and that they were not aware of any repairs as a result of water or dampness within the basement. 100. Defendants had a duty to disclose these defects to the Buyer but each failed to do so. 101. The Property's history of water leakage, accumulation, dampness, flooding, and /or drainage problems and the resultant damages were material defects to the Property in 17 that they substantially affected the market value of the property and presented a threat to the health and safety of the inhabitants, and should have been revealed to the Buyer. 102. Defendants' actions were committed with the intent to induce the Buyer to act on these misrepresentations and purchase the residence. 103. Buyer relied upon the misrepresentations of Defendants. 104. As a direct and proximate result of the misrepresentations of Defendants, Buyer entered into an agreement of sale to purchase the Property when she otherwise would not have done so. 105. As a direct and proximate result of the affirmative concealment, intentional misrepresentations, and representations made in reckless ignorance, Buyer permitted Plaintiff Sutton and his three (3) minor children to reside at the Property. 106. Plaintiff Sutton and his children were exposed to excessive mold and mildew, as the air is circulated from the basement throughout the residence. 107. The required professional mold removal and remediation necessary for safe and habitable living at the Property is estimated to cost six thousand dollars ($6,000.00). 108. Defendants' misrepresentations and fraudulent inducement were the proximate cause of the $6,000.00 loss. WHEREFORE, Plaintiff Sutton requests: a) An order directing Defendants to pay Mr. Sutton $6,000.00 to reimburse him for the cost of professional mold removal and remediation; and b) Such other relief the court deems justified. 18 COUNT VI — FRAUD AND MISREPRESENTATION EDDIE SUTTON JR. v. TALIB O. KARIM and BAFRIN A. KARIM 109. Plaintiff Sutton incorporates by reference Paragraphs 1 -108 as though fully set forth herein. 110. Defendants acted in full knowledge and in reckless ignorance, in making false representations concerning water leakage, accumulation, dampness, flooding, and /or drainage problems affecting the Property. 111. Defendants acted to affirmatively conceal the Property's basement water problems by representing to Buyer that each of them did not know of any water leakage, accumulation, dampness, flooding, and/or drainage problems repairs or attempts to control any water problems in the basement. 112. Defendants made false representations of existing and prior facts concerning the Property's basement water problems affecting the Property. 113. Defendants knowingly made false statements and suppressed the truth with the intention to deceive the Buyer about the Property's basement water problems. 114. Defendants' actions were calculated to deceive the Buyer regarding the Property's history and to induce her to purchase the Property. 115. Buyer did rely on Defendant's false statements. 116. Buyer's reliance on Defendants' representations was reasonable as the Property's history of water leakage, accumulation, dampness, flooding, and /or drainage problems were latent and not by its nature open to inspection. Common prudence and diligence would not have revealed these issues. 117. Defendants failed to disclose a latent, serious, and dangerous condition with actual and imputed knowledge of the condition. 19 118. Defendants had a duty to disclose this condition as it was latent and because they had a statutory obligation to do so. 119. As a direct and proximate result of the affirmative concealment, intentional misrepresentations, and representations made in reckless ignorance, Buyer entered into the Agreement of Sale and purchased the property when she would not have done so otherwise. 120. As a direct and proximate result of the misrepresentations of Defendants, Buyer permitted Plaintiff Sutton and his three (3) minor children to reside at the Property when she otherwise would not have done so. 121. As a direct and proximate result of the misrepresentations of Sellers, Plaintiff Sutton and his three (3) minor children did reside at the Property when they otherwise would not have done so. 122. Defendants' misrepresentations and fraudulent inducement were the proximate cause of the $6,000.00 estimated expense to be incurred by Plaintiff Sutton consisting of her the cost of professional mold removal and remediation. 123. Defendants' actions were malicious, willful, and wanton and consisted of both calculated and reckless disregard for the rights and safety of the Buyer, Plaintiff Sutton, and his minor children as inhabitants of the Property. 124. Defendants' misrepresentations, concealment, fraud, and deceit as to the facts alleged above were done by Defendants intentionally, with oppressive intent and malice and with conscious disregard of the probable damage to be suffered by Buyer and inhabitants of the Property. Plaintiff Sutton is therefore entitled to compensatory and punitive damages. WHEREFORE, Plaintiff Sutton requests: 20 a) An order directing Defendants to pay Plaintiff Sutton $6,000.00 to reimburse him for the cost of professional mold removal and remediation; and b) An award of punitive damages against Defendants in an amount the court sees fit; and c) Such other relief the court deems justified. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Gy✓ Ulysses S. Wilson Attorney I.D. No. 312598 301 Market Street P.O. Box 109 Lemoyne, PA 17043 -0109 Telephone (717) 761 -4540 Date: March 2013 Attorneys for Plaintiffs :544264 21 03/28/2013 09:59 17175588132 SOUTH 3 PAGE 02/02 I i I, Leonora VAiro and Eddie Sutton Jr., have read the foregoing. Complaint and hereby affirm that It Is true and correct to the best of my personal knowledge, ar informiion and belief. This Verification and statement Is made subject to the pens llges of 1 a Pa. C,S. § 4904 relating to unworn faWfIcation to authorities; I verify that all the statements made in the foregoing are true and correct and that false staterroMs may subject me to the penalties of 1a Pa C,S, §4$04. Date: �AT By; sf Leonora `Airo Da te: 2� ! ? �.-- Eddie Sutton Jr. 22 EXHIBIT A File No. 7630 Parcel ID No. 47 -19- 1588 -126 Made the /S day of in the year TWO THOUSAND TWELVE (2012) 36etbnett TALIB O. KARIM and BAFRIN A. KARIM, husband and wife, of Wormleysburg, Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the GRANTORS AND LEONORA S. D'AIRO, single woman, of Summerdale, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as the GRANTEE Vittte0g ;etb, that the said Grantors for and in consideration of the sum of ---------------------------------- ----- -ONE HUNDRED TWO THOUSAND DOLLARS and 00/100----- - ---------------------------------------------- - - - - -- ($ 102, 000. 00)------------------------------------ - - - - -- lawful money of the United States of America, unto them well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantees, their assigns, the survivor of them and the survivor's personal representatives and assigns, ALL THAT CERTAIN piece or parcel of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, being bounded and described according to a survey made by Gerrit J. Betz, Registered Surveyor, dated February 9, 1979, as follows, to wit: BEGINNING at a pin formed by the intersection of the eastern line of North 2nd Street (70 feet wide) with the southern line of Elm Street (40 feet wide); thence extending from said point of beginning and along the said side of Elm Street, North 65 degrees 30 minutes East, the distance of 150 feet to a hub on the west side of River Alley (15 feet wide); thence along the said side of River Alley, South 24 degrees 30 minutes East, the distance of 23.80 feet to a drill hole at the corner of lands now or formerly of John E. Turnbull, being Lot No. 77 on said Plan; thence along said lands, South 65 degrees 30 minutes West, the distance of 150 feet to a hub on the said side of North 2nd Street; thence along the said side of North 2nd Street, North 24 degrees 30 minutes West, the distance of 23.80 feet to a point, the place of BEGINNING. BEING Lot No. 78, Plan of Lots No. 3 of Edgewater recorded in Plan Book 1, Page 71. BEING THE SAME PREMISES WHICH Khai Ngoc Tran and Nguyet Anh Thi Nguyen, husband and wife by deed dated May 30, 2000 and recorded May 31, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 222, Page 204, granted and conveyed unto Talib O. Karim and Bafrin A. Karim, husband and wife, Grantors herein. Togetber Witb all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water- courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same. TO babe anb t0 bOlb the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. ZInb the said Grantors, for themselves and their heirs, executors and administrators, do, by these presents, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that they, the said Grantors, and their heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against them, the said Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will ... ftecfallp Varrant anb 32lefenb. ETC itne�� Vbereof, the parties of the first part have hereunto set their hands and seals. Dated the day and year first above written. 6ealeb ant; Melibereb IN THE PRESENCE OF: {SEAL} Talib O. Karim X-- {SEAL} Bafrin A. Karim Commonwealth of Pennsylvania County of : ss On this, the day of , 2012, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned Officer, personally appeared Talib O. Karim, married man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My commission expires Commonwealth of Pennsylvania County of Al /�eq l] *f n l : ss On this, the /5 �A day of , 2012, before me, a Notary Public for the Commonwealth of Pennsylvania, the unde igned Officer, personally appeared Bafrin A. Karim, married woman, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. d/ Notary Public / NOTARIAL SEAL My commission expires (D `� /" / _� BERNICE S SMITH Notary Public PENN HILLS TWF, ALLEGHENY COUNTY My Commission Expires Jun 11, 2013 Certificate of Residence I hereby certify, that the precise res' Cie nce of the grantees herein is as follows: 1 (Axtew} -e� Agent for Grantee) EXHIBIT B SELLER'S PROPERTY DTSCLOSURF, STATEMENT SPD Mil% (*nn rwonintevided and approvod for, but not rostriaod to use by, 1ho members of the Pennsylvania Aaeociwion of RF Al.IY )R8V (PAR). 1 PROPERTY 349 N, 2 acl 9t. 9tosuletr _ a, PA 17043 2 SELLER n Karla 3 I'hc Iteal Estate Seller Disclosure Law (68 P.S. 17301 at seq.) requires "(hat a seller of it property most disclose to a buyer all known 4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclosure 5 statement covers common topics beyond the basic requirements of the Law In an effort to assist sellers in complying with disclosure 6 requirements and to assist buyers in evaluating the property being considered. Selena who wish to see or use the basic disclosure form 7 oar find the !brut on the Web site of the Pennsylvania State heal Estate Commission. 8 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seiler and is not a substitute 9 for any Inspections or warranties that Bayer may wish to obtain. This Statement is not a warranty of any kind by Seiler or a war. 10 ranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address I I concerns about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the 12 obligation to disclose a material defect that may not be addressed on this form. 13 A Material Defect Is a problem with a residential real property or any portion of it that would have it significant adverse impact on the 14 value of the property or that involves an unreasonable risk to people on the property. The feat that a structural element, system or sub - 15 system is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defeat. 16 1. SELLER'S EXPERTISE Seller does not possess expertise in contacting, engineering, architecaare, environmental assessment or 17 other areas related to the construction and conditions of the property and its improvements, except as follows: IB 19 2. OWNERSHIP /OCCUPANCY 20 (a) is the property currently occupied? Yes _. No if "yea." by whom? —Seller Other occupants (tenants) 21 If property is not occupied, when was It last occupied? 22 (b) How long have you owned the property? 23 (e) Are you aware of any pets having lived in t! house or other structures during your ownership ?,:.eYea _No 24 If "yes," describe: -& :i a 0- Gn 25 3. ROOF 26 (a) Date roof installed: i c f q 2 Documented? — Yes. �' . No — Unknown 27 (b) Has the rotrf been replaced or n3r hW during your ownership? _ Yes 4 No 28 If "yes," was the existing roofing material removed? _ Yes No Unknown 29 (c) Has the roof ever leaked during ownership? _ Yes _ No 30 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? _ Yes A No 31 Explain any "yes" answers in this section, Including the location and extent of any problem(s) and any repair or remediation eRor bi 32 33 4. HASXMB,NTS AND CRAWL SPACES (Complete only Ilapplicable) 34 (a) Does the property have a sump pomp? —Yes P eNo —Unknown 35 If "yes," has it ever run? _ Yes —No _Unknown to it in working order? _Yes _No —Unknown 36 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? ,_ YC&/ No 37 (c) Do you know of any repairs or other atteurpts to control a water or dampness problem In the basement or crawl space? — Yes _ No 38 Explain any "yes" answers in this section, Including the location and extent of any problem(,) and any repair or rettedlation effentst 39 40 S. TE RMITES/WOOD- DMTROMG INSECTS, DRYROT, PEM 41 (a) Are you aware of any lermites/wood- destroying insects, dryrot, or pests affecting the property? _ Yes /t No 42 (b) Are you aware of any damage to the property caused by termitoa/wood- destroying insects dryrot, or pastel T Yes 4Z No 43 (e) Is your property currently under contract by a licensed pest control company? _ Yes ,4No 44 (d) Ara you aware ofany tamitdpest control reports or treatments for the property'l — Yes 4.4 No 45 Explain any "yes" anmers in this section, including the name of any servke/treatment provider, If applicable- 46 47 6. STRUCTURAL ITEMS 48 (a) Ara you aware of any past or present water leakage in the house or other structures? _ Yes J�-- 49 (b) Are you ewers of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other 50 structural components? _ Yes AeNo 51 (o) Are you aware of any pass or present problems with driveways, watkways, patios, or retaining walls ou the property? _ Yes C,. 52 (d) is your property constructed with an Exterior Insulating Finishing System (EIFS), such as Dryvit or synthetic stucco? 53 _ 'Yes _ No _ Unknown If yes, date Installed, if known 34 (e) Are there any defccu (including stains) In flooring or floor coverings? _ Yes _ No _,,, Unknown 55 (() Are you aware of any fire. storm, water or ke demago to the property? _ Yes *,eNo 36 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation effortar 37 38 Buyer Initislst Rate SPD Page 1 of S Seller initials: _T-n x Date AQI � '(� K COPYRtONT PSNNRVLVAN1A ASSOCIATION OR REALTORS® 2009 Permsylvanis Association of REALTORS' 02 M Prudential HomallelCamp Hill 3435 Market Street Camp Hill, PA 17011 Phone: 717.761.7900 Fax: 717 -761 -8837 Cheryl Bellem 1'allb A Hamm Produced with ZloFarm* by ZbLoo1K 10070 FIRM Nis Read. Fraser. MICMOan 46020 %WW.ZlcLoWX.00M 59 7, A.DDITIONSIALTERATIONS Have any additions, structural changes, or other alterations been made to the property 60 durin our ownershl ? —Yen No 61 If yes, list additions. struclural ebnage!s, or alterations pproxirnalc Were permits obtained't Were Mal inspections/approvals 62 use additional sheets if notes date of work YaMo/Unknown obtained? mWo/Unknown 63 64 65 66 tj 67 Lj 68 Note to Buyer: The PA Construction Code Act, 35P.1 §72ioniei seq, (effective 2004), and local codes establish standards far building and 69 altering properties. Baye►s should check with the mun /ctpality to determine irperinitr and/or approvals were necessary fir disclosed work and tf 70 so, whether they were obtalned Where required permits were not o6lained the municipally might require the current owner to upgrade or remove 71 changes made by prior owners. Brry+ers can have the property Inspected by an expert in codes compliance to determine if issues arlst. Expanded 72 title Inrruance policies may be avallable for Buyers to cover the risk of work done to the property by previous owners without a permit or approval. 73 8. WATER SUPPLY 74 (a) What is the source of your drinking water? -"blic Water ._ Well on Property Community Water 75 — Nona _ Onccr (explain); 76 (b) When was your water last tested? Test results: 77 If your drinking water source is not public, is the pumping system in working order? Yes _ No 78 If "no," explain: 79 (c) Do you have a softener, filter, or other treatment system? _ Yes _ No 80 If you do not own the system, explain: 81 (d) Have you ever had a problem with your water supply? _ Yes — No 82 (c) Has your well ever run dry? — Yes No _- Not Applicable 93 (f) Is there a well on the property not used as the primary source of drinking water? — Yes _ No 84 if yes, Is the well capped? _ Yes — No 85 (g) Is the water system shared? — Yes ,AeNo 86 (h) Are you aware of any leaks or other problems, past or present, relating to the weter supply, pumping system, and related items? 87 _ Yes — No 88 Explain any "yes" answers in this section, Including the location and extent of any problem(s) and any repair or remedis lion efforts: 89 90 91 9. SEWAGE SYSTEM 92 (a) What Is the type of sewage system? 1,. Sewer _ individual On -lot Sewage Disposal System 93 _ Individual On -lot Sewage Disposal System in Proximity to Well _ Community Sewage Disposal System 94 " Ten -acrd Permit Exemption _ Holding Tank Nona Nona AvailoblaMetmit Limitations In Btibet 95 Other type of sewage system (explain): 96 (b) if individual On -lot sewage systeny what type? — Cesspool -_ Dminfield --.-„ Unknown 97 - - Other (specify): 98 (c) Are there any septic tanks on the Property? , Yes _-., No -r Unknown 99 if "yes." what type of tank(s)? Metal /steel _ Coment/concrcte _ Fiberglass _ Unknown .00 _ Other (specify): .01 (d) When was the on -site sewage disposal system lest serviced? .02 (e) Are there any sewage pumps located on the property? _ Yes _ No 03 If yes, type(s) of pump(s) Are pumps) in working order'? —Yes _No .04 Who is responsible for maintenance of sewage pumps? .05 (f) Is the sewage system shared? _ Yes _ No .06 (g) Ara you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? _ Yes _ No .07 Explain any "yes" answers in ebb section, including the location and extent of any problem(s) and any repair or remediation efforts: .08 .00 10, ;-LWfRING SYMM .10 (a) 'type of plumbing (check all that apply); _4ZCoppor ,-balvanized - _ ,eLcad PVC Polybutyleno pipe (1`8) .11 _, Mixed _ Unknown _ Other (explain): .12 (b) Are you aware of any problems with any of your plumbing fixtures (e g., including but not limited to: kitchen, laundry, or bath - .13 room fixtures; wet bars; etv.)? — Yes V ,G No 14 If "yes," explain: .15 11. DOMESTIC WATER HEATING .16 (a) Type of water heating: _ Electric jZNaturai Gas Oil -_.. Propane _ Solar _ Summer/Winter Hook -Up .17 Other (explain): .18 (b) Are you aware of any problems with any water heater or related equipment? „ Yes �9Vo .19 if "yes," explain: 120 sayer Initials: Date SPD Page 2 ors Seller initial,: T-nA Date G . /� ► �' Produced with ZtpFoffS by VpLoOx 18070 Meen Mae Road. Fraser. Mlchiaen 40020 lrOtOt . SpLoulLcorn Talib dt BdHm .21 12. AIR CONDITIONING SYSTEM 22 (a) Type ^F air conditioning: ._.-, Central Air Walt Unity _ Window units - None .23 Other (explain): 24 Number of window units Included in sale Looation(s) .25 (b) Age of Central Air Conditioning Systole: _ Unknown Date last sorvimA. if known 26 (c) List any areas of the house that arc not air conditioned: .27 (d) Are you aware of any problems with any item in this section? _ Yes _ No .28 If "yes," explain: 29 13. HEATING SYSTEM 30 (a) Type(s) of beating fltel(s) (check all that apply): _ Electric Fuel Oil _ Natural 0as _ Propane .31 _ Coal _ Wood _ Other: .32 (b) Typc(s) of heating systcm(s) (check all that apply): Forced Hot Air _ Hot Water _ Heat Pump 33 _ Electric Baseboard _ Steam _ Wood Stove (How matey? ) _ Coal Stove (How many? ) .34 _ Other: 35 (o) Age of Rating System: Unknown Date last serviced, if known .36 (d) Are there any fireplaces? _ Yes - yfVo If "yes," how many? Are they working? _ Yes _ No .37 (e) Are there any ohimneys (from a fireplace, water heater or any other heating system)? 4,- _ No .38 if "yes," how many? I When wore they last cleaned? Unknown V .39 Are they working? _L _ No If "no," explain: .40 (f) List any areas of the house that arc not boated: A 4F r .41 (g) Are you aware of any heating f l tanks on the property? _ Yes 4,-'No 42 Location(s), including underground tankf i): .43 If you do not own the tanks, explain: .44 Are you aware of any problems or repairs needed regarding any item in this section? -Yes 4 o .45 if "yes," expiaint .46 .47 14. ELECTRICAL SYSTEM .48 (a) Type of Electrical System: _ Pum - LAiroult Breakers How Many Amps? I h _ Unknown .49 (b) Are you aware of any knob and tube wiring in the home? ,-,_, Yes z eNo .50 Are you aware of any problems or repairs needed In the electrical system? - Yes _ No .51 If "yes;' explain: .52 15.OTiilER.1r,Q1JI1PM18IVT AND APPLIANCES 33 This section must be completed tier each Item that will, or may, be sold with the property. The fact that an item Is listed does 54 not mean it Is Included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seiler will .55 determine which items, if any, are ineluded In the purchase of the Property. .56 (a) ElecMc Garage Door Opener Number of Transmitters Keyless Entry _ .57 (b) "4moke Dotcotors . How many? 9 Location(s) 58 (o) _ Security Alarm System - Owned _ Leased (lease information ) .59 (d) _ Lawn Sprinklers) How many? Automatic Timcr _- .60 (c) _ Swhnming Pool , Hot Tub/Spa . _ Pool/Spa Heater Pool /Spa Cover _ WhhipooVfub .61 Pool/Spa Equipment and Accessories (list): 7 62 (f) LZRefrigeretor(s) _1,. engdoven Microwave Oven _ Dishwasher _ Trash Compactor .63 6„d, Garbage Disposal _'ChcA Freezer 1ZWasher !'pryer _ intercom .64 (g) &ZCoiling Fan(s) How many? Location($) .65 (h) _ Awnings - Attio Fan(s) - Satellite Dish .Storage Shed - Deck(s) _ Plcciric An mal Fence .66 (1) Other: .67 Are you aware of any problems or repairs needed regarding any item in this section? _ Yes _ No .68 If "Yes," explain: .69 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARMS) .70 (a) Land/Solls .71 1) Are you aware of any fill or cxponsive soft on the property? _ Yes ✓ do .72 2) Arc you aware of any sliding, settling, earth movement; upheaval, subsidence, or earth stability problems that have 73 oocurred on or affect tha property? -Yes 4g: rWo .74 3) Are you aware of airy existing, past or proposed mining. ship - mining. or any other cAcav dory that night affect this 75 property? -Yes Jzko 76 Note to Buyer. The properly may be subject to mine subsidence damage. Mapes of the twenties and mines where mine subsidence .77 damage may occur and mine subsidence Insurance are available through! Department of Environmental Protection, Mine subsidence .78 Insurance Fund, 25 Technology Drive, California 'technology Park, Coal Center, PA 15423 (800) 922 -1678 (within Pennsylvania) or .79 (724) 769 -1100 (outside Pennsylvania). 80 Buyer Initials: Date SPD Page 3 of S Seiler loitials: _VEo% k Date 'iK Produoed watt► 2lpionrlm by ztpt.eptx 18070 Man Nag Read. Fraser. Mkhlpan 48028 MW1WL=kg= 'i alib A Aafriro 81 4) is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights? .82 — Yet; ,-No tf "yes', check nil dial apply below: 83 _ Parmlond and Forest Land Assessment Act.: 72 P.S. §5490.1 et seq. (Clean and Green Program) .84 — Open Space Act - l6 P. S. § 11941 et seq. .85 — Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights) .86 Other .87 Nett tomyer: Pe nnwvanf RM enrac ed the Right to Farm A ct 1 3 P . . 9 J- J/) to an #,port to (roar fire ceraenskmaes wider which agnoulnuor .88 operations may be subject to nuisance suits or ordinances, Buyers are encouraged to (nvortigam whether any agricultural operations covered by .89 the Act operate in the vicinity of the property, .90 S) Are you aware of sewage sludge (other than commeroWly availablo tl;rtilizer products) being spread on the property, or .91 have you rxeived written notice of sewage sludge being spread on an adjacent property? —Yes — No .92 6) Are you award of the transfer, sale and/or lasso of any of the following property rights (by you or a previous owner of the .93 properly)? _... Timber _ Coal _ Oil — Natural Gas _ Other minerals .94 Note to Bayer. Before entering into an agreement of sale, Buyer can investigate the status of these rights by among order means, engaging legal coun- .95 sel, obtaining a tills examination of unlimited years and searching the official records in the corary Ogee of die Recorder 4fDeeds, and elsewhere. %u "r .96 Is also advised to investigate the terms of any existing leases, as Buyermay be subject to terms of than leases. .97 Explain any "yea" answers in this section: 98 .99 (b) Mooding/Drainage too 1) Is any part of this property located in a wetlands arcs or a FRMA flood zone? _ Yes _ No _ Unknown !01 2) Do you know of any pest or present drainage or flooding problems affwting the property? _ Yes No !02 Explain any "yes" answers in this section. including data and extent of flooding: '.03 !04 (c) Boundaries !05 1) Do you ?mow of any encroachments, boundary line disputes, or casencnts aflbding the property? — Yes _ No 1 06 Note io Bayer: Mast properties have easements for utility services and other reasons. These easements generally do not rex&*i the ordAa"m ofthe !07 1»operty and Sellerntay not be aware of them. Drfore entering into an agreement of sale, Buyers can investigate the existence ofeosemenrs andsimilar !08 resarldlons by ordering an Abstract of Tille or searching the of)?cial records in the eounry Of ee of the Recorder of Deeds. !09 2) Do you accesl the property from a private road or lane? — Yes _ No .10 If yes, do you have a recorded right of way or maintenance agreement? _ Yes , No '.11 3) Are you aware of any shared or common errs (e.g., ddvd ways, bridges. docks, walls, ctc.) or maintenance agreements? !12 Yes - . - _ No ! 13 Explain any "yes" answers In this section: !14 ,15 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES !16 (a) Are you award of any underground tanks (other than home hosting fad or septic tanks disclosed above)? .-._ Yes A_-c::'No !17 (b) Are you aware of any past or ptemd hazardous substances nsen[ on the property (sOructuro or soil) such as, but not limited to, !18 asbestos or polychlorfnatcd b1phenyls (PCBs), eta? _Yes lo '.19 (c) Are you aware of any tests for mold, fungi, or indoor air quality in Use property? _ Yes Q_--No ' !20 (d) Other than general household claiming, have you taken any efforts to control or remediste mold or mold -Itko substances in the !21 property? _ Yes — No !22 Note to Bayer lndividaals may be affected d(i erenily, or not at all, by mold contamination. .{/' contamination or indoor air qualiryls a concern, 123 buyare are encouraged to erogage the .oeroleor 61a qualUtodprofesslonal to do towing. bl fe rmnrinn on that irsuor is avol /able from the United Stales !24 Envirormenio/ Protection Agency and may be obtained by contacting MQ INFO, P.O. Box 37133, Washington D. C. 20013 -7133, 1.800- 438 -4318. !25 (e) Are you aware of any dumping on the properly? _ Yes g, !26 (1) Have you received written notice regarding the prcscnce of an environmental hazard or biohazard on your property or any !27 Anent prope:rtyl —Yes .4-No !28 (g) Are you aware of any tests for radon gas that have been performed in any buildings on the property? _„- Yes v No !29 If "yes," list date, type, and results of all tests below: ' DATE TYPE OF TLtST RF-SULTS (picaauicnAita or working levels) NAME OF TBSTiNO SERVICE !31 !32 !33 (h) Are you aware of any radon removal system on the property? _ Yes o 34 If "yes," list date Installed and type of system, and whether It In in working order bClow; !35 D A TA INSTALLED TYPE OF SYmm PROVIDER WORKING O RDSM !36 _ Ycs _ No !37 Yes _ No !38 (1) If property was constructed., or if constriction began. boforo 1978. you must disclose any know1_0ge of lead -based paint on the !39 property. Are you aware of any lead -based paint or lead -based paint hazards on the property? ^ Yes o NO if "yes," explain how you know of it, where it is, and the condition of those lead -based paint surfaces: !4l !42 !43 Buyer initiais: Date SPD Fags 4 of 5 Seller Initialst Date �•k Pioduc ed with Z1pForat® by slpLoglnc IWO FVttron MBe Road, Fraser, Mkhlgan 40028 WMMgRlWkg;m Tolib A Bet'rim AL /eL.t A4 0) if property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead -based paint x45 or lead -based paint bnyArds on [he property. Arc you award of any reports or records regarding land -bused paint or lead - based !46 point hazards on the propertyl _ Yes , !47 If "Yes," list all available reports and records: !48 (k) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? — Yes - - No !49 (1) Ara you aware of of any other hazardous substances or environmental concerns that might impact upon the propertyl 150 — Yes .ZNo 151 Explain may "yes" answers is this sectiont 152 153 18. CONDOMINIUMS AND OTH18R HOM>ZOWNSR ASSOCIATIONS (Complete only it spplieable) 154 Type: _ Condominium _ Cooperative Homeowner Association or Planned Community 155 (hher: 156 Notice regarding Conduminiumv, Coeperadws; and Planned Communides :A buyer of a,wale unit in a condominium, cooperative, or planned '.57 community must receive a copy of the declaration (other than the plats and plans), the by -laws, the rules or repiorto , anda reed 1cate ofresok 1$.jued 158 by the association in the condominium, cooperative; or planned communiry. Buyers may be responsible for oopttal connfbutlaa, bditationfees or alm- 159 filar one-time fees in addition to regular monthly maintenonae fees. The buyer will have the option of oanoeling the agreement with the return of all !60 deposit monies until dre cert r'eate has been provided to the buyer and far five days thereafter or until conveyance, whichever occurs first, !61 19. MiSCEL.LANEOUS !62 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property? !63 — Yes 4,. No 164 (b) Are you aware of any existing or tltreatened legal action affecting the property? ,_ Yes t .%::/ No !65 (o) Are you aware of any violations of federal, steno, or local laws or regulations rotating to this property? _ Yes EC'No !66 (d) Arc you award of any public improvement, condominium or homeowner association assossmertts against the property that remain !67 unpaid or of any violations of zoning, housing, building, safety or fete ordinances that remain uncorrected? _ Yes +4 -No !68 (e) Are you aware of any Judgment, encumbranco, lien (fbr example, co -maker or equity loam overdue payment on a suppon obli- !69 gation, or other debt against this property that c mot be smdstiod by the prop ods of this Yes t No !70 (f) Arc you aware of any reason, including a defect in title, that would prevent you from givng a warranty deed or conveying title to rile !71 property? — Yes b _ - No !72 (g) Are you aware of any insurance claims files) relating to the property? _ Yes 4.,CNO !73 (h) Are you aware of any material defeeta to the property, dwelling, or fixtures which are not disclosed clsowherc on this form? !74 —Yes .ZNo !75 A material defect is a problem with a residential real property or any portion of it that would have a significant advcrso impact !76 on the value of the property or that involves an unreasonable risk to people on the property. Tlie fact that a structural element, 177 system or subsystem is at or beyond the end of normal useful life of such a structural element, system or subsystem is not by !78 Itself a material defect. !79 Explain any "yes" ■aswom-in this sertloat !80 !81 The ooder011ood Seller represents that the information set forth in this disciosure statement is accurate sad complete to the best !82 of Seller's knowledge. Seller hereby aathorho the Modell Broksr to proalde this information to prospective buyers of the prop - !83 erty and to other real estate dresses_ SELLER ALONE 1S RRSPONSIBLE FOR THE ACCURACY OF THE iNFORMATiON !84 CONTAINED V4 TFW STATEMENT. Seller shall eanse Bayer to be noMW in writing of say information supplied on this form !85 which 'a rem f unto by ' a c n the cpad on 0( t4e property followht repletion of this form. !86 WITNESS SB,LLER DATE 411-49 WiLf Karin !87 WITNE83 ' SEL,L,!»;Lt _gesba; dzmr`n uw t rr ` nalicits LC�riw !88 WITNESS SELLER DA'Z'E A B oC !90 According to the provisions of the Real Mato Sellcr Disclosure Law, the undeMped executor, administrator or trustee is not rcquircd !ril to fill out r baikrx Property Disuiusurc 3iwaneuh lire encvutur, administruturur or trustm, must, Lvwevw, dimiusa wry luruwn wate- !92 rial defect(s) of the property. !93 DATE 94 RECEIPT AND ACHNOWL110GIMPIT 9V BUYE !95 The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a !96 warranty and that, unless stated otherwise in the males contract, Buyer is purchasing this property in its present condition. It !97 is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property !98 he inspected, at Buyer's expense add by qualified professionals, to determine the condition of the structure or its components. 1 99 WITNESS BUYER DATE 100 WITNESS BUYER DATE 101 WITNESS BI1VF.R DATE SPD Pages of S Produoed with Zloiotm®bv zlotaplx 18070 Feben sole Road, Framer. WA10an 40026 matrLfte9i1L0Drn Tallb il; Baliim 2114L .r r,v„an ,, , �� ................. 7MAIAMw�.r�.11�d Ailtooi�Wp .lnooforMgl�.d�A�.11M�dM.gq�Qµ1 ARD T eV�r 1 1 dot= 7 t.�AHWADMIMO/!A'1101fKP W"" n11�i .f OW bMM M 000ld.rN Rd V oo rk1oA WAMWor � .� low d "Ibw Ew �dq�b � �y � � ' , I I0ee Mw W my lUa 7�/ � nka d Ak of I 4004*0 I Od. e 7!s eft at my bwo b o.idrMMl a p�q" y r�a'M` tnd pbwjmd d o vem - r'd"1"� &Asm maw 1.Adr !hw A A aM fi+" "N° 'rM' Ylwrtlaw .+ I.dlrow p1u 1 l 10 #mkAdjk�wb��M�MyMrdLd� rw�l" d ago y rd d••� id8weu PM 6s. 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Ras.s.BMgrvar..blwywa.a�.w,.sw� b TYl'11Mt69 aD1(/7t "22 - - - was !gym DAM �►i ,rOd.�N�ll.� a9.r,..�1�1 ► �a�w /odA�•1iA1pIMw�flrW+lolyiMllMO m�M�M�1Mw1rr�W ��7i/ Ihn �f.� 1Wrt ►�d�l 1d/.AM.IY��ar� �i� EXHIBIT C •; MID- ATLANTIC SYSTEMS OF CPA, INC 52 Grumbacher Road, Suite A -3, York, Pennsylvania 17406 Vzk o a bs tW b. ­ (goo) MID - ATLANTIC Proposal for FOUNDATION WATERPROOFING /WATER MANAGEMENT SERVICE Name: J Phone (h): Phone (c): Phone (w): Address: a City ,41 ` CL;, County: ' . +T<" "' State: PC U' J Jobsite: Email: Foundation Type: Cinder Block WARRANTY and CERTIFICATION Poured Concrete Filled Area Indlotes n e and warranties apply to wall and /or floor area Stone �. / Service Area ` o Free service material and labor replacement • Brick • Terra Cotta f y` d transferrable rights apply to completed work :i Combination d FHA /VA certification issued on completed work upon request Front of Building/Home Total Footage: 1 Y.S ft. Year Built: / `;' Length of Ownership: Basement: /' Crawlspace: Existing Stage of Water Problem: 1/2/0, Owner Requested Services: Lead Test Required: _ �(ES _ NO Permit Required: /" NO Wall Service: Floor Service: System Customizations: ❑ Exterior Excavation ❑ Basic Interior French Drain ❑ Window Well Service • Mida Reinforced Membrane T" ❑ Air Jack Hammer ❑ Check/Clear #— ❑ Drain Shield ❑ 24" Inside Perimeter Walls ❑ High Drain #_ • Footer Drain tile ❑ Low Drain # _ • o ' w a Pressure Relief System ❑ Stairwell Service • Fireplace Wrap Electric Hammer ❑ Full Stairwell Service or Perimeter Trench Water Management fl 'Spee,D– Lhamael 4" PVC Piping ' ❑ iEngineered /Mechanica9�apacers ❑ c+r^UidaOilTartk Wrap En' 5/8" Weep holes a-* 4" ADS Perforated Aping ❑ Garage Drain Midalizer'" E2-"Slope Piping to Pits ❑ Heavy Duty PVt ❑ Pea Gravel ❑" Mida Scent'" ❑ Galvanized Steel Q Mida -Aire– a"3 /4" Washed Stone ❑ Mida Fiber Lock Crack Repair _ft ❑ Polymeric Drain Board I�Tunnel Obstructions and y ❑Mida Fennell Ledge'" _ft o�Mida Hydro - Traci" Partitions Where Possible ❑ Box Ledge _ft ❑ Monolithic Hydro- Trac.Systern– d Portland High Strength Concrete ❑ Mida Winterization Package ❑ Base Cove Channel ❑ Mida Reinforced Membrane– ❑ Radon Seal ❑ Top Cove Channel ['Mida Convection Ports'" o Weeping PortSTM Warranty: • Mida Reinforced Membrane T" • Mida Wall • Rough Casting Pits and Pumps: la'Sump Pit # ❑ Standard o Mida Saber Pitwith sealed clear lid and bell shape. or Sump Pump # .-, Special Instructions: ❑ Zoeller 1/3 hp cast iron (limited to a material warranty of 1 Year) IZ Mida7500 Stainless Steel (Limited to a material warranty of 7 Years) ❑ Mida CM5010 Stainless Steel (Limited to a material warranty of 1 Year) ❑ Emergency Power Back Up • Mida Power 120 # (Limited to a material warranty of 2 Years) • Mida Power 240 # (Limited to a material warranty of 2 Years) This proposal is an estimate only and is not a binding agreement between customer and Mid - Atlantic Systems of CPA. This pro- posal is subject to change by Mid - Atlantic Systems of CPA at any time. If you wish to proceed with service, please contact our office to request a formal, binding agreement to be signed by you and Mid - Atlantic Systems of CPA. MID - ATLANTIC'S 110% BEST PRICE GUARANTEE: If within 30 days of having your system installed you find the same system, service, material and warranty from a qualified licensed and insured competitor we will refund 110% of the price difference. i Total Investment: ' a �v Inspector and Date: f -� REV 9/12 0 Mid - Atlantic Waterproofing Registration No. PAOAGHIC: PA0101150 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson '�_� - � Sheriff OF THE PRO THONOTPORY Jody S Smith Chief Deputy 11013 MAY —3 AM (.Q: 19 Richard W Stewart ti ' CUMBERLAND COUNTY Solicitor OFFICE OF THE S"ERIFF- PENNSYLVANIA Leonora D'Airo (et al.) vs. Case Number Talib O Karim (et al.) 2013-1794 SHERIFF'S RETURN OF SERVICE 0410812013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Talib 0 Karim, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Complaint&Notice according to law. 04/08/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Bafrin A Karim, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Complaint& Notice according to law. 04119/2013 01:00 PM -The requested Complaint& Notice served by the Sheriff of Allegheny County upon Twan Karim, son of defendant, who accepted for Bafrin A Karim, at 117 Dogwood Drive, Pittsburgh, PA 15235. William Mullen, Sheriff, Return of Service attached to and made part of the within record. 04/19/2013 01:00 PM -The requested Complaint&Notice served by the Sheriff of Allegheny County upon Twan Karim, son of defendant, who accepted for Talib O Karim, at 117 Dogwood Drive, Pittsburgh, PA 15235. William Mullen, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.46 SO ANSWERS, May 01, 2013 RONNrY R ANDERSON, SHERIFF (c)CountySuite Sheriff,'releosoft,Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �\o QSheriff w,_ d Jody SSmith -, Richard W Stewart Chief Deputy 1�0 OFrfcE OF THE SHERIFF Solicitor Leonora D"Afro(et al.) Case Number vs. Talib d Karim (et al.) 2013-1794 SERVICE COVER SHEET N a Service Details: Q Category: Civil Actian -Complaint&Notice Zone: XManner: Deputize Expires: r" 05/08/2013 Warrant: Notes: M - N tp T a i (e e To: -- Final Service: W Name. Bafrin A Karim Served. Personally•Adult in Char a Posted Other 5 m Primary 117 Dogwood Drive Adult In �,_ 1 ''} ' Address: Pittsburgh, PA 15235 Charge: -�J ( ice' Ij Phone: DOB: Relation: o Alternate �j o Address: 4 Dater Time: �yJ O 3: Phone: Deputy. ileage: 0 o Attorney/Originator: Name: Ulysses Wilson Phone: 717-761-4540 Service Attempts: Date: Time: r` Mileage: Deputy �? 3 Notes/Special-Instructions: Q Z..............................................................._.-............ -------------------- 2 Now,April 08, 2013 1, Sheriff of Cumberland County, Pennsylvania.do hereby deputize the Sheriff of Allegheny County to mexecute service of the documents herewith and make return thereof according to law. N Return To: Y< Cumberland County Sheriffs Office r �_"."- . One Courthouse Square flt Carlisle, PA 17013 Ronny R Anderson, Sheriff ici CountyStnte Sh:-riff,Teleosott.Inc. JOHNSON, DUFFIE, STEWART &WEIDNER, 42933 '! 04/04/2013 /ENDOR: Sheriff-Allegheny County CHECK NO: 42933 OUR REF.NO. YOUR INVOICE NUMBER INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN 0879 17566.1 BAF 04/04/2013 $110.00 $110.00 0.00 a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R AndersonQ of�uitabrp��j` Sheriff • Jody S Smith Richard W Stewart Chief Deputy z p 2 OFFICE OF TPE SRERIFF Solicitor Leonora D'Airo(et al.) Case Number vs. Talib O Karim (et al.) 2013-1794' 0 SERVICE COVER SHEET N c Servic e Details: o Category: ICivil Action -Complaint& Notice Zone: X Manner: IDeputize Expires: 05/08%2013Y Warrant: W Notes: 'n _r- LAD a a i = Serve To: Final Service: R Name: Italib O Karim Served: Personally Adult In C e Posted Other m Primary 117.6ogwood Drive Adult In 1 Address: Pittsburgh, PA 15235 Charge: Phone: DOB: Relation: W Alternate Date: -� Time: F77P o Address: �✓ O _ C O 3: Phone: ~Deputy: Mileage: O o Attorney/Originator: Name: julysses Wilson Phone: 717-761-4540 Service Attempts: Date: Time: Mileage: A T-- Deputy: ? Z 3 4 5 a N Notes/Special Instructions: O------------------------------------------------------------------------------------------------------------------------------------------- m Now,April 08, 2013 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County to -� execute service of the documents herewith and make return thereof according to law. H aReturn To: � � Cumberland County Sheriffs Office Y One Courthouse Square Carlisle, PA 17013 Ronny R Anderson, Sheriff fcl CounfySuae Sheriff,Teleosoft.Inc.