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04-6039
HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER Defendants To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. U l `P &A_?L Civil Action - Law PRAECIPE FOR WRIT OF SUMMONS Please issue Writ of Summons in the above-captioned action. The addresses of the Defendants are as follows: Umakant Dash 310 Connor Circle Sacramento, CA 95835 Kalyane Dash 310 Connor Circle Sacramento, CA 95835 C M Detweiler Inc 3310 Market Street Camp Hill, PA 17011 Hillary Bitting Keith,Sealover Jack Gaughen Inc 3310 Market Street 3915 Market Street 3915 Market Street Camp Hill, PA 17011 Camp Hill, PA 17011 Camp Hill, PA 17011 December 2, 2004 ert J jjar tt orn or Plaintiffs ID No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 \ \v C\ „J r- , j 1 l.. =j c N CU q, -. 1 ??t Commonwealth of Pennsylvania County of Cumberland HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 6 Civil Action - Law WRIT OF SUMMONS To: Umakant Dash To: Kalyane Dash To: C M Detweiler Inc., individually and t/a Howard Hanna Detweiler Realty To: Hillary Bitting To: Jack Gaughen Inc., individually and t/a Jack Gaughen Realtor ERA To: Keith Sealover You are hereby notified that Hitesh Suri, Rama Suri and Satish Suri have commenced an action against you. G December 2, 2004 /UI Prothonotary r HITESH SURE, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, Individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, C M Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting, in the above captioned matter. Respectfully submitted, CALDWELL & KEARNS Dated: lT OS By: -'? ?ies L. Gold it , Esquire ttomev LD. 7115 3631 North Front Street Harrisburg, PA 17110 (71'7)-232-7661 Attorney for Defendants C M Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this /`tday of Q/ 2005, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Umakant & Kalyane Dask 310 Connor Circle Sacramento, CA 95835 Keith Sealover 3915 Market Street Camp Hill, PA 17011 Jack Gaughen Inc. 3915 Market Street Camp Hill, PA 17011 CALDWELL & KEARNS By ' JLG/mab 05-26/83360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs, V. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., individually and trading and doing business as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER Defendants. No. 04.6039 CIVIL ACTION-LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Paige Macdonald-Matthes, Esquire and Saul Ewing LLP on behalf of Defendants Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover. Respectfully submitted, nC? Ilin -i-tti¢'J Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 SAUL E WING LLP Penn National Insurance Tower Dated: January 21, 2005 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 pmacdonald-matthes@saul.com Attorneys for Defendants Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover 1116141 1/21/05 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, Esquire, hereby certify that on this 21st day of January, 2005, I served a true and correct copy of the foregoing Entry of Appearance via First Class Mail, postage prepaid, upon the following: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Attorney for Plaintiffs James L. Goldsmith, Esquire Coldwell and Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant Howard Hanna Detweiler Paige Macdonald-Matthes, Esquire 111614.1 1/21/05 _2_ SAUL EWING LLP Paige Macdonald-Matthes, Esquire Pa. Atty I.D. No. 66266 Penn National Insurance Plaza 2 North Second Street, 7`n Floor Harrisburg, PA 17101 (717) 238-7675 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL DEFENDANTS, JACK GAUGHEN, INC. AND KEITH SEALOVER'S MOTION FOR AND NOW, comes Defendants, Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover (hereinafter collectively "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, and file their Motion for Protective Order and in support thereof aver as follows: On or about December 2, 2004, the Plaintiffs filed their Praecipe for Writ of Summons against the above captioned Defendants. 112786.13/7/05 2. On or about December 30, 2004, counsel for Plaintiffs issued a Notice of Deposition to Keith Sealover. Included in the Notice of Deposition was the following statements: Statement of Nature of the Cause of Action: A Claim against the sellers of real property located at 9 E.Glenwood Drive, East Pennsboro Township, Cumberland County, Pennsylvania, for failing to disclose material defects and for misrepresenting conditions of the property and a claim against real estate licensees for breach of responsibilities owed to the plaintiffs and relating to the sale of the property. Statement of Matters To Be Inquired Into: The relationships between sellers and licensees and the relationship between buyers and licensees and the relevant facts that were known to, or which should have been known to, the licensees. The undersigned Defense counsel contacted Plaintiffs counsel by letter dated January 21, 2005, and advised that her client would not participate in the deposition because of the limited information Plaintiffs' counsel had set forth in the Notice of Deposition concerning Plaintiffs' alleged cause of action against the Gaughen Defendants. Defense counsel further requested that Plaintiffs' counsel file his Complaint before attempting to reschedule the deposition. 4. Upon information and belief a similar Notice of Deposition was issued to Co-Defendant, Hillary Bitting, and Plaintiffs' counsel received the same response from her counsel to the Notice of Deposition. 5. On or about February 28, 2005, Plaintiffs' counsel telephoned the undersigned Defense counsel to reschedule the deposition of Mr. Sealover. During the telephone call, Plaintiffs' counsel discussed his clients' perceived cause of action against the Defendants in 112786 1 3/7/05 2 general and the Gaughen Defendants in particular and further conceded that he had enough information to prepare and file a Complaint. When asked why he simply did not file a Complaint, Plaintiffs' counsel stated that he did not see that he had to file a Complaint before engaging in discovery. 6. The undersigned Defense counsel advised Plaintiffs' counsel that she would filing a Praecipe for Rule to File A Complaint. Plaintiffs' counsel advised Defense counsel that he would go forward and Notice the Deposition of Hillary Bitting and that he would await the receipt of Rule from the Court to File a Complaint before scheduling the deposition of Keith Sealover. 7. On or about March 2, 2005, Plaintiffs' counsel issued a second Notice of Deposition to Co-Defendant, Keith Sealover. The March 2, 2005, Notice contains the same statements that were included in the December 30, 2004, Notice; of Deposition more fully set forth in paragraph 2 herein. 8. On or about March 7, 2005, Gaughen Defendants filed their Praecipe for Rule to File Complaint with the Cumberland County Prothonotary. 9. Gaughen Defendants believe and therefore aver that Plaintiffs should not be permitted to proceed with pre-complaint discovery in the form of deposition for the following reasons: (a) A review of the Agreement of Sale ("Agreement") upon which Plaintiffs' have stated their cause of action, as indicated in the Notice of Deposition, reveals that 112086.11/7/05 Plaintiffs agreed that all disputes arising out of the Agreement shall first be submitted to mediation; (b) Plaintiffs have failed to submit this matter to mediation prior to filing the within cause of action as is required by the Agreement. Thus, Plaintiffs do not have the right to proceed with pre-complaint discovery; (c) Upon information and belief, Plaintiffs' already have sufficient information to file a Complaint such that they should not be permitted to engage in pre- complaint discovery. See Anderson v. Penn Dot, 47 Pa. D&C :3d 429,431 (C.C.P. Cumberland 1987) (Pre-complaint discovery may be permitted upon carefully constructed limitations and a showing that without discovery a complaint could not be drafted); (d) The Gaughen Defendants should have the opportunity to show that the claims raised in the Complaint fail to state a cause of action before responding to discovery involving these claims. See Potts v. Consolidated Rail Corp., 37 Pa. D&C4th 196 (C.C.P. Allegheny 1998); (e) The Gaughen Defendants should not be required to engage in discovery until the pleadings containing the averments of fact upon which the Plaintiffs' claims and Gaughen Defendants' defenses are based have been filed. ;ice Id., (f) Until a complaint is filed that meets the specificity requirements of the Pennsylvania Rules of Civil Procedure, the Gaughen Defendants and this Honorable Court are not in a position to determine whether the discovery which the Plaintiffs' seek involve matters relevant to the subject matter involved in the pending action. See Id.; and 112]86.1 3/9/05 (g) Gaughen Defendants will be prejudiced in the event that this Court does not grant its Motion for Protective Order because Plaintiffs do not meet the requirements for seeking pre-complaint discovery as Plaintiffs have failed to set forth a prima facie case. To allow Plaintiffs' request would amount to authorizing a "proverbial fishing expedition". See McNeil v. Jordan, 814 A.2d 234 (Pa. Super. 2002). 10, Plaintiffs will not be prejudiced if the Court grants the within Motion as Plaintiffs' counsel has already conceded that he has enough information to prepare and file a Complaint in this matter. WHEREFORE, Defendants, Jack Gaughen, Inc., d/b/a Jack Gaughen Realtor ERA and Keith Sealover, jointly and severally, respectfully request that this Honorable Court grant their Motion for Protective Order, and deny Plaintiffs' request to conduct pre-Complaint discovery. Respectfully submitted, Paige Macdonald-Matthes, Esquire Arty I.D. No. 66266 SAUL EWING LLP 2 North Second Street, 7"' Floor Harrisburg, PA 17101 (717)238-7675 Attorneys for Jack Gaughen, Inc. and Keith Sealover Date: March 7, 2005 112786 1 3/7/05 (g) Gaughen Defendants will be prejudiced in the event that this Court does not grant its Motion for Protective Order because Plaintiffs do not meet the requirements for seeking pre-complaint discovery as Plaintiffs have failed to set forth a prima facie case. To allow Plaintiffs' request would amount to authorizing a "proverbial fishing expedition". See McNeil v. Jordan, 814 A.2d 234 (Pa. Super, 2002). 10. Plaintiffs will not be prejudiced if the Court grants the within Motion as Plaintiffs' counsel has already conceded that he has enough information to prepare and file a Complaint in this matter. WHEREFORE, Defendants, Jack Gaughen, Inc., d/b/a Jack Gaughen Realtor ERA and Keith Sealover, jointly and severally, respectfully request that this Honorable Court grant their Motion for Protective Order, and deny Plaintiffs' request to conduct pre-Complaint discovery. Respectfully submitted, nf2A Paige Macdonald-Matthes, Esquire Atty I.D. No. 66266 SAUL EWING LLP 2 North Second Street, 7"' Floor Harrisburg, PA 17101 (717)238-7675 Attorneys fc)r Jack Gaughen, Inc. and Keith Sealover Date: March 7, 2005 112986 .1 3/7/05 CERTIFICATE OF SERVICE I hereby certify that on March 7, 2005, I served a true and correct copy of the foregoing Motion for Protective Order via First Class U.S. Mail, addressed as follows: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs James L. Goldsmith, Esquire Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C. M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Paige Macdonald-Matthes Dated: March 7, 2005 112786 .1 3/7/05 ?.a ?., < ?:,:•, ti `-'f i) ? ,1? -1 .• ?? X17 -? L'1 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. February 28, 2005 L lA1berf/j. Ha&r At ey for Plaintiffs ID No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 ?A a 3 ?-' cfl X - ID u HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law MOTION TO STAY PROCEEDINGS PENDING RULING ON MOTION FOR PROTECTIVE ORDER Albert J. Hajjar, attorney for Plaintiffs, files this Motion to Stay Proceedings pending a ruling by the Court on the Motion for Protective Order filed on behalf of Defendants Jack Gaughen, Inc., and Keith Sealover. This action was commenced by a Writ of Summons issued by the Prothonotary on December 2, 2004 and reissued February 17, 2005. The Writ was duly issued by the Prothonotary and served by the Sheriff upon Defendants C M Detweiler Inc, Hillary Bitting, Jack Gaughen Inc. and Keith Sealover. Defendants Umakam Dash and Kalyane Dash reside outside the Commonwealth and service has not yet been completed upon them. 2. On December 30, 2004, Plaintiffs notified Defendants Bitting and Sealover that their depositions would be taken on January 24, 2005. After counsel for Defendant Bitting notified Plaintiffs' counsel that Defendant Bitting was out of state and would not be back until after January 24, those depositions were canceled. 3. On March 2, 2005, after Defendant Bitting's counsel notified Plaintiffs' counsel that Defendant Bitting had returned to Pennsylvania, Plaintiffs' counsel notified Defendants Bitting and Sealover that their depositions would be taken on March 21, 2005. 4. Because the action had been commenced by a Writ of Summons and Plaintiffs desired to take the depositions for the purpose of preparing their complaint, each of the deposition notices contained, in accordance with Pa. R.C.P. 4007.1(c), a statement of the nature of the cause of action and the matters to be inquired into. On March 4, 2005, Defendant Bitting's counsel sent Plaintiffs' counsel a copy of a Rule to file a complaint within twenty days issued by the Prothonotary on March 2, 2005. 6. On March 7, 2005, Defendant Sealover's counsel mailed to the Prothonotary a Motion for a Protective Order seeking to prevent Plaintiffs' counsel from taking the deposition of Defendants. That Motion is pending before the Court, and Judge Hess has issued a ]Rule to Show Cause upon Plaintiffs, returnable by April 4, 2005.' Although Plaintiffs' counsel believes that Defendant Sealover's counsel is not entitled to the Protective Order, Plaintiffs' counsel, nevertheless, understands that Defendant Sealover's counsel has the right to raise the issue, and, therefore, on March 11, 2005, Plaintiffs' counsel canceled the depositions scheduled for March 21, 2005. 8. However, when Plaintiffs' counsel contacted both Defendant Sealover's counsel and Defendant Bitting's counsel on March 18, 2005 to obtain their agreement that Plaintiffs should not have to file their complaint until after a decision is made on the request for a Protective Order, Defendants' counsel each refused that request unless Plaintiffs would first agree with Defendants' claim that Plaintiffs should refer this matter to "mediation" in accordance with a clause in an agreement to which only one of the Plaintiffs and Defendant Umakant Dash were parties. ' The Rule was returnable 20 days after service and Plaintiffs were served by a copy being mailed to Plaintiffs' counsel on March 14,2005, Page 2 .. The mediation issue is an issue that Defendants may raise through the pleadings, and there is no basis for Plaintiffs to give up any rights at this time in order to have the Motion for Protective Order adjudicated. 10. In the interest of fairness, and to allow Plaintiffs to demonstrate to the Court that they have a right to take the depositions of Defendants Sealover and Bitting prior to the filing of their complaint, the Court is respectfully requested to issue a stay of proceedings pending a resolution of the Motion for Protective Order. WHEREFORE, Plaintiffs respectfully request the Court to issue a stay of proceedings to extend the time for the filing of Plaintiffs' complaint pending the Court's ruling on the Motion for Protective Order. Respectfully submitted, /% / /AttorSO for Plaintiffs ID 6.07069 1300 Market Street- Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 3 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC, trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants To: Hitesh Suri, Rama Suri and Satish Suri c/o Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. Prothonotary Dated: Jlal(s HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DFTWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC, trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO THE CUMBERLAND COUNTY PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. & KEARNS By: ID No. X31 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants C M Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Dated: Mai C) I- ;) OOS CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Paige Macdonald-Matthew, Esquire Saul Ewing 2 North Second Street 7`h Street Harrisburg, PA 17101-1604 BY: ??s Dated: 0")ears-?4 -1, P- C, CALDWELL & KEARNS attorney ID No. Ul 15 3631 North Front Stree Harrisburg, PA 17110 (717) 232-7661 84961 SAIL EWING LLP Paige Macdonald-Matthes, Esquire Pa. Atty I.D. No. 66266 Penn National Insurance Plaza 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 238-7675 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants PRAECIPE FOR ISSUANCE OF RULE TO PLAINTIFF TO FILE COMPLAINT PURSUANT TO PA. R.C.P. 1037(a) TO THE CUMBERLAND COUNTY PROTHONOTARY: On behalf of Defendants, Jack Gaughen, Inc, d/b/a Jack Gaughen Realtor ERA and Keith Sealover, kindly issue and serve a Rule to Plaintiffs, Hitesh Suri, Rama Suri and Satish Suri to file a Complaint within twenty (20) days of service of the Rule, in accordance with Pa. R.C.P 1037(a). Date: March 4, 2005 Respectfully submitted, Arty I.D. No. 66266 SAUL EWING LLP 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 238-7675 Paige Macdonald-Matthes, Esquire AND NOW, this 9th day of March, 2005, a Rule is entered upon Plain 'f£ to file a aComplaint. 11021 1 1? 4? Curtis R. Long, Prot ry r CERTIFICATE OF SERVICE I hereby certify that on March 4, 2005, 1 served a true and correct copy of the foregoing Praecipe for Rule To File Complaint via First Class U.S. Mail, addressed as follows: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Paige Macdonald-Matthes Dated: March 4, 2005 110261.1 3/4/05 ,` i\ MAR 0 9 2005 ?14? HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs b3?? V. UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL RULE AND NOW, this /0' day of March, 2005, upon consideration of the Gaughen Defendants' Motion for Protective Order, a copy of which is attached hereto, a RULE is issued to Plaintiffs to show cause why the relief requested in the Motion should not be granted. RULE RETURNABLE Zo days from the date of service. og 112786.1 ]/]/05 By the Court: ,y; .r? _:.? s 1\.:. CASE NO: 2004-06039 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CM DETWEILER INC the DEFENDANT , at 1432:00 HOURS, on the 22nd day of December , 2004 at 3310 MARKET STREET CAMP HILL, PA 17011 HILLARY BITTING, REALTOR by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this ,t ir, day of 6'y SJ A. D. rothonotary ' So Answers: R. Thomas Kline 12/27/2004 WILLIAM M GROSS By: Deputy Sher' f CASE NO: 2004-06039 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CM DETWEILER INC T/A HOWARD HANNA DETWEILER REALTY the DEFENDANT , at 1432:00 HOURS, on the 22nd day of December-, 2004 at 3310 MARKET STREET CAMP HILL, PA 17011 HILLARY BITTING, REALTOR by handing to ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 n r\ 1 V . V V Sworn and Subscribed to before -1.. me this j6- day of A. D. othonotary -7- So Answers: R. Thomas Kline 12/27/2004 WILLIAM M GROSS By: i Deputy Sherif SHERIFF'S RETURN - REGULAR CASE NO: 2004-06039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG was served upon Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS BITTING HILLARY DEFENDANT the , at 1432:00 HOURS, on the 22nd day of December , 2004 at 3310 MARKET STREET CAMP HILL, PA 17011 HILLARY BITTING a true and attested copy of WRIT OF SUMMONS by handing to , Sheriff or Deputy Sheriff of together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Answers: R. Thomas Kline 12/27/2004 WILLIAM M GROSS Sworn and Subscribed to before me this /4 day of ?, BUJ A.D. I"4A A?. By: Deputy Sherif Prothonotary ' SHERIFF'S RETURN - REGULAR .1 CASE NO: 2004-06039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon 77\(''V ("_hTTr'T4PNT TNT C' the DEFENDANT , at 1440:00 HOURS, on the 22nd day of December-, 2004 at 3915 MARKET STREET CAMP HILL, PA 17011 by handing to PAT HIESCH, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.36 Affidavit .00 Surcharge 10.00 Sworn and Subscribed to before me this 16 day of ???, ?Uy Sl A.D. rothonotary So Answers: R. Thomas Kline 12/27/2004 WILLIAM M GROSS By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-06039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon JACK GAUGHEN INC T/A JACK GAUGHEN REALTOR ERA the DRFFNDANT , at 1440:00 HOURS, on the 22nd day of December , 2004 at 3915 MARKET STREET CAMP HILL, PA 17011 by handing to PAT HOESCH, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: . y?- Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 12/27/2004 WILLIAM M GROSS Sworn and Subscribed to before me this /o day of ? r 0-07 A.D. A4yr,-to-thcnotary By. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-06039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SURI HITESH ET AL VS DASH UMAKANT ET AL KURT HAAG , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SEALOVER KEITH the DEFENDANT , at 1440:00 HOURS, on the 22nd day of December-, 2004 at 3915 MARKET STREET CAMP HILL, PA 17011 by handing to PAT HOESCH, RECEPTIONIST, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 / .00 10.00 R. Thomas Kline .00 16.00 12/27/2004 WILLIAM M GROSS Sworn and Subscribed to before me this /0 day of 1 ,Jl, , -7 vz ?' A.D. rothonotary ' By. Deputy Sher HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6034 CIVIL Civil Action - Law DEFENDANTS C M DETWEILER INC. D/B/A HOWARD HANNA DETWEILER REALTY AND HILLARY BITTING'S MOTION TO COMPEL MEDIATION TO: Cumberland County Prothonotary This action was commenced by Writ of Summons on December 2, 2004 and reissued February 17, 2005. 2. On March 4, 2005, the undersigned counsel served upon Plaintiff's counsel a Rule to File Complaint issued by the Prothonotary on March 2, 2005. On March 7, 2005, Defendant Jack Gaughen, Inc. and Keith Sealover filed a Motion fora Protective Order seeking to prevent Plaintiff's counsel from taking Pre-Complaint Deposition of Keith Sealover. 4. Judge Hess subsequently issued a Rule to Show Cause upon the Plaintiffs returnable April 4, 2005. On March 18, 2005, a telephone conference was held by counsel at which time the parties were unable to reach an agreement as to resolution of the Motion for Protective Order. 6. The undersigned counsel, and counsel for Jack Gaughen, Inc. and Keith Sealover have notified Plaintiff s counsel of their intention to enforce the mediation provision in the Agreement of Sale (see Exhibit "A" attached hereto) which is the subject of the instant litigation. 7. The Defendants stand ready to participate in good faith in a mediation of this matter. 8. Plaintiffs have filed a Motion to Stay the Proceedings pending a ruling on Defendant Jack Gaughen, Inc.'s Motion for Protective Order. 9. The Defendants should not be subjected to the costs of depositions and further litigation of this matter when the parties contractually agreed to resolve disputes via mediation. 10. It is respectfully requested that this Honorable Court order that this matter is stayed until the parties attend mediation as agreed upon in the Agreement of Sale. WHEREFORE, Defendants Howard Hanna Detweiler Realty and Hillary Bitting request that this Honorable Court compel the parties to submit this matter to mediation pursuant to their expressed agreement to do so in the Agreement of Sale. Respectfully submitted, pad . (1'1?•.?h ?9 avoS o arsico, Esquire S t. I.D. No. 69804 631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants, C. M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Paige Macdonald-Matthew, Esquire Saul Ewing 2 North Second Street 7'h Street Harrisburg, PA 17101-1604 Umakant Dash and Kalyane Dash 310 Connor Circle Sacramento, CA 95835 Respectfully submitted, By: a rsico, Esquire up No. 69804 3 orth Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants, C. M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting 86179 ????? -? rHn, VH(?C el 14 FILL Na.'Jl( W/Uk ''UG IU?4y li)m 09/03/2002 12:25 VAX 717 7611495 JGR-ERs @}002 STANDARD AGREEMENT'.FOR U SALE OF REAL ESTATE A/S-2x . ?I, This Ywm rcoamram6od end ^PPfb1Odfr?, t,a[ mcresaiCea W wC by, rite fa?alb[ra of [116 pcsoeylv4aw A4¢otieepn oPRRAYTORSn (PA&). PA, LICENSM BROKER LISTOZBROEi:ER (Compaay)Clc ADDRESS t' E 3 4 6 n 7 B 9 la 11 12 10 14 15 14 17 16 19 20 21 22 23 24 2d 26 27 20 29 U 31 92 a, as 35 a6 37 36 39 44 41 42 43 44 45 44 47 AS 49 so 61 52 63 53 is 55 57 U 59 so 61 42 63 64 56 66 PH FAX DMGNATED AGENT FOR SELLER (if applicable) >. ?t?is A4 is between called "Seller," and 8i)YAR(S): Ci I S dih1 fa S •s?S i 2: PROPERTY (1.88) Seiler hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL IV CFRTATN 1pt or piece of gtpun with puddings and improvemems tfie?/on Qrected, if any, known as: in the TOWAcf,, 0 of Ifj%,7- in the Commusawealth of Pentsylvania, Zip Code d Book, Page, Recording.D20 - -- 3, TERMS (1.00) . (A) Purchase-Price I n-a 4 - .which wilt be paid to Seller by Buyer as fo IMI (R) Cash or rhook- at signing this Agrcemen - $ (C) Cash of check within _ days of the wmcodan of dill Agrremenc S ro) ? OE) Cash, c«hler'a err certified check at time of +cttlemcnk $ TOTAL S (I) 1)eposifb paid on account of purchase price to be held by Listing Brokcr, unlcas od=*ss stared hete! (G) Seller's written approval to bo on or be (x) Snnlement to be made on or bafoie: (I) Coovoyance from Seller will be by fee - - PA I=ZNSE,D 1B 0( L GR OKE (Co ! any) VYr?? ADDRESS 3310 's IAEV ?'3?'!)'OTl-? PO `!(nr-?a(O u FAX 761-5'30- DHSIGNATED AGENT FOR BIIYER (if applicable) here; Dollars M Payment of n anSfer taxes will be divided equally between Boycr and Seller tmless otncrwise stated here; (IC) At time of sarlament, the following will be uditiacdpro-rata on a daily basis between lluyorand Seller, seimb[aaag where applicable: tors; ,anta; imcreat on mortgage aasampdona; cundominitue fees sad hOmeownrreeaoeiatl0n fees, if my; ware ond/or aewerfecs, if any. ro8ether with any ocher lirnablc municipal service. The charges are TO be pio-rated for the pedoO) coveted: Sell= will pay np to and including rho date of ScttlemenG Buyer will pap for all days following 0010mout, unless otherwise cared bete; 4. FDCnTRFS B4 PERSONAL PROPERTY (1-00) (A) INCLUDED in this sale and purchase price Are all existing itgns po%nimently installed in tbo Propctly, free of liens, including plumbing, heating; lighting ftxtorcS (including cbandeliers and ceiling farts); ware4' treatment systems; pool and spa equipment; garage door openers and hansminzw, television arnimeas; Shrubbery. plantings turd ttttpottcd mast aril' femaining heating and cooking fuels sated on the Pcopcny At The time of senlemean wall [o wall carpeting; window cov hardware, shades, blinds; built-in air conditioo? built-in li- Ances; and the rmgelovon unless otherwisa Stared. plan igcloded:? C r• O4YPit na' Q Y n e, ice. - Py_ --T (B) LEASED items (ream sot owned by Seller): (C) EXCLUDE?flMurcn 5. SPIMIAL CLAUSES (1-00) (A) Buyer mid Seller have received the Consumer Notice as adopted by the State Real Estate Commission art 49 Pa_ Code §35,366. (B) l$( Buyef and Seller have received a statement Of their IcSPcCIlVa estimated closing cow before signing this Agrccuicat. (C) ? BWor has received The Seller's Propeny Disclosure Starementbefore signing this Ag:armeat,if[egmreri by law (Soo Notice, Information Regarding rho Seller's Propeny Disclosure Am) (D) D'13uycr bas recc'rvcd rho Dcpoait Money Notice, (for cooperative sales when Listing Broker is holding deposit money) boforc aigniug this Ag--zcmer, (E) The following are pat of this Agreomeat if eMdoed: ? Sale.& SC[Qanreat of ptlrer Propeay Q SrxOZmmi o: Onerl3npaiy Coonrigcncy Addendum (PAR Form 133) Contingency Addendum (PAR Form 130) Q"rN?h•11 ? ,ptopcrty Addendum (PAR Fort TOP) ? Salo & Sowaincn[ of Other Propetty Contingency ? witb Right to Continue Marketing Addendum ? _ (PAR Form 131) ? -. 5 5 5 5 6 6 6 6 fi s 6i Buyer Y u9s: ?Y AIS-2$ Pape I of 8 Soler Initiala[ pannorylranle Association pf CO`PYRIGA'I AgtYry$YLVAHGI A550CfA1TON OF ® RFAJORSo :.w w , called "Buyer." r ILL Jlo.`J'1! v:)/V4 VG IV-4:) 11)• rHn• - h'HUL J/ 14 09/03/2002 12:26 15.a 717 7611485 JGR-ERA .1003 6. MORTGAGE CONTINGENCY (1-00) 67 '" • s8 p WAIVID. This sale is NOT contingent on meu%V4e &naneigg. sa BB '? ELHCTED fill 70 (A) This sale ix contingent upon Buyer obtaining morrvaL t. fmanom$ as follows 70 71 3. Amount ofmortgagt loan S - .u 2-i 71 72 2• X13men e, Than ? ? years 72 73 3. Type of mnrrgage (`Cl ?l.Ic- \ Qt?, Pr73 74 4. Interest into 92? 2a %: bowavar?,-Bruy.?ee+r».agrees to accept the interest rate as may be committed by the mortgage leader, not to 74 77 . "mad a nlaYlonan interest rate Of I \ ^ He. 75 76 S- Discount pouts, loan origination, loan placement and odor feelt c4uVea by arc lmdet =:A parceaage of The mortgage loan (excluding 76 71 my mortgage insurance premiums or VA funding fee) not to exceed 4, % of the mortgage loin. 77 78 The interest rule and fees provisions required by Buyer ate satisfied if a moctgagc lender makes available to B 18 79 interest rate at or below the M=imum ln=n t Rate uYCt the tight a guarantee a apecife4 htavID. with the percemrage feu at or below the amount specifid e herein, Bv y=r 79 ea Lives $eller the tight, ar Seller's sole option end as pcrmimd by the lending :Asmosi ^ and applimhle.law$, to eownbutc finaucianY, without as ' Pi prardsc of reimburaeraenr, wthe Buyer and/or ]eo4tr re make rlrc shove otms'arvailnb]e rfl Buyer. At a2 (9) Widrin10days o£thenracudonOfdusAgretmear,Buyefwllmaleta plcud,wt[cgatmortgaSaapplicaoonzoan'sponsiblemongaSoland a2 23 ing inetinltim. "t Selling Broker, if any, otherwise the Listing Broker, b authorized to commtmjtate with the lmdei for the purposes 93 64 of assisrtnit in the martgage loan process. U as (G) 1, upon receipt ofa mortgage commitment Buyer and/or Selling Broker will promptly deliver a copy of the meamirmear to Listing Broke, 85 BE if any, otherwise to Seller. A 87 2. Mortgage commimrent dste . V n written Commihneae is not rc, ived by 87 94 Listing Broker;, if any, otherwise by Seller, by the above date, Buyer and Seller agee to extend the commiudent date until Seiler ter- Sa 89 mioates this Agreonenr in westing, 39 911 3. Seller has he option m r ^:^^•^ this Agreement n writ ag, on or. afro d e mortgage commimreat 4aa, f.d a ulongnge cnaa i mint su 91 a is 'pot valid until the dare of semlement, OR 91 92 b. is conditioned upon due sale and settlement of any other. property, OR e2 93 c. Cori(ains any onccr condidon not specified in ihisAgteemetu. 93 94 4. In the avsht Seller does not teavinaw this ASreetncut as provided above, Buyer hea dm Wdon to terminatc Cain Agreement in wridug if 94 55 the mortgage Commitment 95 96 a. is not?obrained by or valid until the date of semlerawt, OR 'as 97 b. U Conditioned upon the sale and acttloment of any other property which do not occur by the 4am of seolement, OR 97 08 c. Coo* soy other condition not apcc cal! in This Agreement which Buyerk unable to satisfy by the dare of semlemeat As 99 5" If thus Agreemeor is romlinamd as specified in paragraphs 6 (G) (2), (3) or (4),.4ll, delrosit monies paid on accouat of purchase prim will 99 Toe be returned to Bgyet Buyer will be irsponsible for any lxemitrau for mcchtudet lion insurance and/or ride search, or fee for cancQuiion 106 181 of same, if any: AND= any plemiwns for flood iusurmm and/or fixe insurmace with extended coverage, tarw+ = binder chatgcs or 101 102 cancellation feo, if any: AND/OR any appraisal foes and charges paid in advance to mortgage Under. 182 tab (Ij) if the moitgagc lender requires trpaira to The PropmV, Buyer Will. upon receipt. deliver a copy of the mortgage tender's requirement; to Listing 14a 104 Broker, if any, otherwise to Seller. Seller will. within 5 days of receipt of the lender's roquirumonts, twtdy Buyer whealu Seller will snake the 104 its requited rcpaite at Seller's expense. 1115 ins 1. If Seller chbosca to make repairs, Buyer will ugmpr the Property and agree to the ItELF,ASE dirt forth mpat;graph 75 of las Agteemenr. 10¢ 107 2. If Seller chooses not to male the required =P44-j, Buyer wa within 5 days, notify Seller in Writing of Buyer's Choice in terminate dos 107 142 Agreement OR make the mquired repairs at Buy0r'3 m9crue and with Seller's pelsraission, which Will avt be unreasonably withheld If Ise 109 Seller dents Buyer permissioa to make the rrquired rcpaita, Boyer may, wttbin 5 days of Seuer's denial, rrrmtmam thrs.Agreement if Its 114 Buyer nnminww ibis Agreem=4 all daposit.morues paid on a xuar of pumbaSe prim will be maimed promptly w Buyer and ibis 110 111 Agreement will W VOID. 111 112 Stller Assist 112 113 C( N'OTAYX'LTCABLE 11a ri ?" . FPLICABLE. Sutler will pay. 114 71. S - ?`."' as permluad by he t75 170 ?.'v`` _?-- 116 117 117 FE'A/VA,IFAPPLLCABX E 11B k is ssty agreed that nmtwidtstandtng my other provisions of this contract. Birycr will not be obligated to complete flue Purchase, of the 118 119 I'1opa1Y de:a herein or to incur any penalty by forfeio4tt of earnest money deposits or ottterWhic tmless Buyer has been given, in acmru 11s 190 dance with HUDfflMkkr VAtcgtdroTa=%, a Written statement by ft Federal Horsing Com nsec, V€ tns Administration, or A Duey 120 121 ,6ridorscmmt Leader the appraised value of Ilte Prapeny of not l (the dollar amount to be 121 122 inscrmd is the sates pRCc La staved Aglncmtxm). Buyer whu?7avedl prlvdoso and optian of pttxC •ng onsu mmadon of the con- 122 in not without regard m rim amount of the e v Ridf llua appraised valuation is arrived at a maximum mortgage the 123 125 Dep m of Holf tsad/ el LJD does not wartartt me value c ono ?t Property. Buyer should 125 123 satisfy himsnif/hersesethaz rhe-p ' Condition f of the prop ceprahlc, r 125 126 Warltttigr Section 1010 do18.LS.C.,llepatntentofHorsingand clopmenr "Whoever fordicpurpose of,.,irdln. 125 197 eneing m any acdvn of such do umm nr ... makes, passes, aneis or pumiish stAmmem knowing the same to be false ... shall be 127 126 f7rled nor than •85,000 or imprisoned notmdfC than two gents, to both" 128 120 of Housing and Urban Development OM) NOTICE TO FURCHASERS: Us 130 Bu ees Adknowledgement 110 131 Buyer has received ate II(3D Notice "For Year Protection: Get a Hamm Inspection" (see Nodces and Information on Property Condition 171 132 inspections), Buyer understands the importance a galling An iridl x deut home iaspeetion and has thought about alts Wfine signing rWs 132 133 Agreement 133 134 Buyer's Initials Date 134 186 (II) Cer'tiflentimn We the undersigned, Seller(s) and Buyer(s) party w this Gansacdom each Minify drat the terms of this contract for purchase ate 135 136 true to the best of out knowledge and belief, and tax any oll= a gettmantcurered into by any of lhesepzrans in conacedon wirh ails uawac- 136 1117 Lion is At zhtd w diiy A,,eotaetm 1]] 136 7. L`S17EL"i'lONS (I -W 738 139 (A) Sena Hereby Rgre s to pemlit imspccwns byauthoryrd tppraisefs, repamble c:rmFss, ius•.nee's reptesenradves, eurveyom muri alml of5. d i, 139 14C aad/orBuyer As may be required by the lending inslu m$, if auY, or w4udng agues. Seller mother agims w 141 raquired by orpravided for in the tams of this Aga ctaem, perinir any ottei inspections 1ll 141 ($) Buycrtestavrs the right to make a plc-BvFtlement walls t(udmglt ia.,sM?d of the Pro perty. Bnyer'I right to make this inspoctlon is nor waived 142 143 by any ocher prov1.dnn of this Agmement ' y A) Jy? ys? ?,• g/yam/ate 143 144 (L) Seller will have hearing and all ariddes (including fuel(s)) on for the m$P6 ians. 144 145 746 146 146 I'D 747 148 145 148 149 150 15a 16.1 t 151 162 7 153 Buyer Ii4itials: A/S-73C Page x oPB Seller Initial 1? titer No.yiY v:1i)4 'U'' iU ? V 117 • rHn . _. . - ., aR"Dltn F'H DL 4/ 14 16 004 154 S. RROPF,RTS(INSPRCTION CONTINGENCY (1-00) 154 155 ? WAI.VED- Bayer uadctstsnds that Buyer has the option to troqutu inspections of me Propety (ace Piopdrry Inspection and FJtvimnnlental 16; Ise Nodcca)+BVYrRWATVBSTMSOPTION Andagrees to'thc.RELEASEsetforth inpaiagrdph.25ofthiaAgeemeoL 15E 157 " ELECTED 167 Its (A) Within IQ, days of;l. csccu6on of this AgcomenL'Buyen at Buyers-expense, may choose shave inspections and/or certifications Comm 15E Ise plcwd by licensed or or hewiae qualified professionals (see proptM Inspection and Bit ' nmenatl Notices). 11715 contingency does not apply tai 16a tot'ht: following existing conditions and/or ucros: )47,P.Y DYl> i??+-tq- 161 167 CD) Other provisions of Ads Ageemeat may provide for inspectors aatltor 'ona?tlmt ?Z hot waived or altered by Buyer's election hccc. tai 162 (C) if Buyer is not satisfied with the condltiuri of rho Pmperry As stared in any written report Buyer will, within the time given for completing 16: 163 inspections: _ IN 164 Option 2 164 lea 1. Accept the TTopaty with the information stared:m the reporr(s) and age; to thc'RELEASE Sot forth inpuagmph 25 of this Agreeiptnc. 15E let OX, IR 187 2. Te'nninam the Aptrameat in writing by notice to Lisliug Bmkcr, if_ury, otherwise ro Seller,.lvithin the time given foriaspecdon, in which 161 tae . ease alllcpo5itmonie5p,4d on'Awamtof pmebaacpticewulberrwmedpmmpayto Bnyormdthie Agceanaftwillbe'(1'OID.. ISE 169 ? Option 2 15: 17a 1, Accept the Pmpury with the information Stated in the report(s) and Urge to tha RELEASE set forth in paragraph 25 of this Agreement, ttc t71 UkamS mo what cost to Cogixt the conditions coamined in the repor(s) is more dun S 171 17z 2. If the total cost to counts .the conditions eonaained in the rlepcel(s) EXCF' = the amounr specifad in. paragraph S(Q (Option 2) 1, 17E 173 Buyer will deliver the report(s) to Listing Broker if any, otherwise to Seiler, within the time given for inspoction. 179 174 Z. Seller will, widim days of xuiving the teport(is), infour. Buyer in writing of Stoat's choice m: - 174 175 (1) Make repairs before st ukraent so that the remaining eostm repair cohditim contained in the report(s) is less titan or equal to 17t 176 the amount specified in paragraph 8 (G) (Option 2) L 178 177 (2) Credit Buyer at settlement for the diffCrenCO' bdtween the estimated coal of =Tail The conditions conminM in the repOrl(a) 177 176 an4 the amount specified iap=Vzph 8 (C) (Opcoa 2) 1. This option must be acceptable w 1ho .nongage leader, if say. y 13t 179 (9) Not make repairs and not credit Bayer As settlement for any defects ffi conditions contaiaod in the teportGs). 17a tau b. I£.'tShcer chooses m make rcpalrs or credir Bayer at settlement as specified is paragraph 8 (C) (Opdon 2) 2, Buyer will accept did tan 181 Property and agrcc to the npr aAtSE set forth in paragraph 2S of this Ageancru. 161 182 L If 5eller'chomm not to make repaha and act A smut Buyer at wtdcmcar: ar if Seller fails, to choose any option within the time 78z 183 given, Buyer will, widtilldays: 1 83 184 (1) ; Accept the Property With the infnmtadon atatrd in dte report(s) and ages m the RB FAST yet forth in paragraph 25 of this I U 185 j Agtteahent, OR 165 186 (,1); Terminate die Agreement in wtidng by notice to Listing Broker. if any, odic wiso to Sclla, is wkucb case all deposit medics 186 167 paid on amount of purchase price will be tcmmed promptly to Buyer and this Axtemcni: will bc VOID- 157 ita 9. WOODINFESTATIONCONTBN«ICX(I-W) Iss lag ? WAIVED. BuycrundetswndsmalBuyerhasdieOption iorequrstdAldXPropenytuInspected forwooddinfestation byaccttificdPost Control tag 10 Operator, BUXEg WAIVES T.MS OPT7.ON and agrcea to mile RELEASE sec forth in petagaph 25 of this Agreement. lag 191 191 192 (A) Vi ldilTl days Of The e%aCrdon of this Agwemeat,Bayer, At Blhycrsexpcnst, will obGAn awTittal"Wad-Drinrcyia Inaczlin M Cia tsz 195 Inspection Rsporr' from a cesdfjad Rest Control Operator and will deliver it and all suppoidug documents and drawings provided by the Pest 193 184 Control Operator to Listing Btaka'. if anY• omUwisc to Sell= The report is to be made satisfactory to and in compliance With appfhoable laws, 144 195 mortgage and landing insdindons, and/or F6,1001 Inading and GunramceingAp=y requirements, if any. The inspection will include all read- 195 Tas rly visiblc sad acccssiWe areas of all souctuns on the Property except the following structures, which will net be inspected: 196 197 197 198 (B) If the inssteccon reveals evidence of active infesca imt(s), Seller epees, at Seller's expense and before seulement, to Mat for active infests- IN 199 pon(s), in Accordance with applicable laws 199 280 _ (C) If the inspection reveals damage *om active infestwon(s) arpmvioas.infestatioo(s), Buyer, at Buyer's mcpease, has the Option w obtain awrit- 282 tot reuyaport by apmfn$sional o0lLn'JCtor?holltciN-peCdan sCtvlda, or savcltnel epgint6r ttla[ishlnitedWS[ntcwtal daatagewdle Pmpejiy caused tai taz by wood- leauoying organisms and aproposal to repair the damage. Bgec all deliver the structural damage report and wmedve proposal to 28t 203 I.iatmg Broker, if any, otherwise to Seller, within- 1days of delivering tin arigiagl iaspet%ion roporl. 283 2aA (D) Within 5 days of receiving the structural damage report and coaccdve proposal, Sella Will advise Buyer whether Seller will repair, At Seller's 204 206 expense and before attdemsnt, any structural damago from active or peviom infestation(s). 205 200 CS) If Seller chooses m repair smhccural damage revealed by the report, Buyeragees to accept the Property as repaired.and agma to the UMPact' 206 207 sct'forth in paragraph 25 of this Agreement. 207 200 (I) if Seller chooses not to repair structural dama„rc revealed by the report of fails to Fwpam$ within the time Wen, BuyO(, within 5 days of zee 288 receiving Seller's nodcc, will notify ruler in writing of Buyer's choice W: 209 210 1. Accept the Prcg d witb dre defects revealed by Tha Inspection, witbomabateliant of price and agree to the RELEASE setform in para- at0 all graph 25 of this Agreement. OR 211 212 2. Make the rtpausbcfore Seulemenr, iftarpthw by the mortgage leader, if any, at Buyer's expense and with Seller's pemtiesion, which will 212 213 not be untcasonab)y wifhM5ld.in which case Buyer accepts the ProptiVy and Agana to the RELEASE Set forth inpamWVh 25 of this 213 214 Agreement. If Seller dcnles Buyer permission ro make the repairs, Buy" may, within 5 days of Seller's denial, teaninare this Agreement 214 Z15 If Buyer terminates this Agtaemont, nal deposh monies paid on arcotmc of purchase price shall be returned promptly w Buyer and this 245 215 Agreemem will be VOID, OR 2'16 217 3. Tet'mlmaw this.Agrccmcnt in which case all deposit monies paid on =611or of purchase price will he relamed promptly ro Buyer and 217 218 this Agmemear willba VOID. 218 219 m nsME.NTIAL LEAD: BASED PAINT HAZARD REDUCPIONACT NOTICE REQUIRED FOR PROT%RTM 219 220 BIfiY.T BEFORE 3978 (1-00) 220 221 ? NOTAFPISCABLB 221 222 V, A"UCABIZ 222 223 (A). Seiler rdptesettts that: (cba&10R 2)' 223 224 1, Sclla has no knowledge concerning Are prescnco of lead based paint atut/or leadbased pains hazards in or about the Prcpaty. 224 225 ? 2. Sc11a hag k:wwl i me pzxa?, ofl?dbased pain[ and/or lrsd?as.'+d pair[ F^?^+? % or sins Ptopaty. (Provide t'LK boss !'or 225 d S _-.s k d:rsv:: grin nnd/Cr tiszmdk dual, The location(s), the c of the psmnd smaces mid other;avaelaaL: mfmma- z26 221 don concening Seler's kmowlydgo of the presentee: of lead-based paler and/or lead-staled pain hazards.) 227 228 228 229 CB) RecordslReports (checL-1 OR 2), 229 280 [3 1. Seller has no repairs or records pertaining to lead based paint and/orlead based paint haz;uds in or about the properly. ta0 23i f] 2: Seller has provided Buyer with all Available records and reports pcautini* to IM&baeed paint aad/orlead based paint hazards in or about 231 232 The Property. a. st dommhems) 232 29a 233 Us (CL Buyer's Atitnowledgement 284 tag 1. Buy= has- receivedthe pamphlet Predact Your FgrniWy om Lead in Yourtloma and has read the La4Wv iug Scaremdat conninodmdhs 235 236 Agmrmenr (See E+t oW Npd?s). Aatt Q $ I ?. f6 ? ' I id t 255 asT 237 n s a s Bu ar 238 ? 2, Buyer has reviewed Seller's disclosure Y own leadbasod paint-and/or lead-based paint hazards, as Identified in paragraph 10(A) and 250 238 has received the records and reports pertaining w lead-based paimaod(ar lead:based paint hazards identified in pftrtgl;lh 1%B). eye 240 Btryar's Initials Date 2Aa 241 Buyer Initials: ? AIS-4 rate3 org sallerlaidal . ?. 2Q1 r i LL CVO. `J' 1( U2)/U4 VC lU • O1 11); 1-HA • h'HUL O? 14 09/05/2002 12:27 FAX 717 7611495 JGR-ERA oos _222 (D) RISK ASMSSMIENTMISPECTION: Bayer acknowledges that before Bayer is obligated to buy. a residential dwelling built fore 1978, 242 243 Beyer bas a 10 day period (unless Bayer and Seller agree in writing m a 1lifftatnhtperiod of time) no conduct a )isle assessment or inspection of 253 244 the Propedy for the presence of lead-basedpaint and/or lead-based paint haxmd3. 244 us WAIVED. Buyer understands that Buyer has rho right m coodunt a risk asscasm9nt or inspection of the Prupcny to detemtine the presence of 244 tae lead-basod paint and/err lead.hated paint hazards..B'(7YER'WASVFS THIS RIGHT and agrees to rho RELEASE set faulz in paragraph 25 of 245 247 this Agreement 247 240 M ELE.Cn D 248 743 1. Buyer, at Buyer's expense, chaises to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based 249 250 paint bazards. 7hc risk assessment and/or itmpdedrin w1B he completed within days of the execution of this Agreement (insalr 2s0 251 "10" antess Buyer and Seller agree to a diQnmar period of tine). 251 2S2 2, Within the time set forth above far obtaining the risk A56essmeat and/or htspnction.of the Property for lead-based paint and/or 252 153 lead-based paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to Seller, a written Wr of the specific hazardous 2sa 254 conditions cited in the report and those corrections togamatcd by Buyer, along with a copy of the risk assessment and/or hhspcetioa sport. 254 255 3. Seller may, within days of reccivirtg the list and report(s), submit a wdv= eone,etive proposal to Buyer, The corrective proposal 255 256 will include, but ter be limited to, the iwme of the remcdiadon company and a completion date for corrective measures. Seller wD M. 256 267 Yida cordAmdoa from a risk assessor or inspector that corrective measaraa have been made satisfactorily on orbetore the completion date. z57 25a 4. Upou receiving the corrective proposal, Buyer, within 5 days, will; 258 255 a. Accept the mope CdVe Proposal and the Property in writing, and agree m the RELEASE set forth in paragraph 25 of thi i Agreement, 259 250 OR 2HA 201 b. xbtminate this Agmeaumcr In writing, it which case all deposir monies paid on accounr of purchase price will be retained promptly 261 202 to Buyer and this Agreement will be VOID. ' 252 263 5. Should Seller fail to submita written corrective proposal within the time set rorth in paragraph l0CD)3 of thisAgreemen4 tbenBuyer, 263 264 within 5 days, will: 264 285 a Accept rho Props rry in wiithlg, and agree to the MBLEAS£ set forth in paragraph 25 of this Agrecmcut, OR 265 Us b- T§ilninate this Agreement in wring, in which case all deposit monies paid on account of purchase price will be retumed promptly 266 287 to BiUycc and this Agrmement will be VOID. 267 268 Certification Ey aigmiag this Agreement. Buyer and Seller certify dam aceursey of their respective statements. to rho best of their knowledge- 268 259 11„ RADON CONnKdENCF'(1-o0) 2e9 270 (A Seller reptraeats ;tbau (chock appropriate reaponw(s)) 270 271 1. Seller has no knowledge concerning the presence or abacucc of radon 271 272 ? 2. Sella has knowledge that the Prupsrry was rested on the dates, by the methods (o,g„ charcoal canister: alpb r back, etc.), and with the 272 273 results of all tests indicated below= 273 274 DATE TYPE OF TWr RESULTS (picot rdes/liter of working levels) 274 275 - R7S 275 27E zn 277 270 COPIES OF ALL AVAU aBr E •SpS•f REPOM will be delivered to Buyer wide this Agreement SERA DOES NOT WARkA 27H 279 HEMER 71-M METE'SODS OR RESULTS Op TILE TESTS. 279 2¢0 0 3_ Seller has knowledge that The Property underwent radon reduction measures on die 44tr(4) and by the marhod(s) indicated below: 285 zaT DATE RADON REDUCTION blZMOD 281 262 265 283 284 295 WAIVED. Bu er understands that Buyer has the 284 y option to reggea[ that the Prop=Ty be inspected for radon by a cetd{icd inspector (sae Radon 205 285 Nodrx)- BUYER WAIVES THIS OPTION rind epees to the RECIASE set forth in paragraph 25 of dhis Aghvomont 286 2H7 0 ELECTED 247 Z04 (B) Buyer, at Buyer's expe rse, pas the option to obtain, from a curd5ed inspector, a radon test of rho Property and will deliver a copy of the test 29e 2H2 report n Using Broker: if any, otherwise TO Seiler, within days of rbe execution of ibis A,greemeat: (See Radon Notime) 289 293 1. If the test report reveals rh? pnusence of radon below 0.02 working levels (4 pica utice/litcr), Buyer accepts the Property and agrees m the 290 291 RELEASE set forth in paragraph 25 of ibis Apecmeat 251 252 2- If the Test report reveals the presence Of radon at or oxceo4ing 0.02 working levels (4 picocuria/liter), Boyer will, within days 252 Z33 of receipt of the last results: 293 294 0 Option 1 254 296 a Accept the Property in writing and agme to the RELPASD• set forth in paragraph 25 of this Agreement, OR 295 295 b. Tcrrrri=w this Agrocmrnt in writing, in which eats all deposit monies paid on wwunt of poiehase pdmo will be temm6d promptly 296 297 to Buyer and tlti ; Agreement will ix VOID, OR 297 298 c, Submit a writer, connective proposal to listing Br*c4 if any, otherwise to Scllce The corrective proposal will include, but not be 298 gas ilmhed o, the name of the cor4ad mitigation company, provisions for paymear, including tarsts: and completion dam for cormc- 299 300 City" men sums. 396 sat (1) Within 5 days of recciving the corrective pmpasal; Sellerwill- - 901 302 (a) Agree to the rams of the corrective proposal in writing, in which case Buyer accepts the Property and agz 303 RELEASE act forth in paragraph 25 of this Agreement, OR agrees to the 303 334 (b) Not agree to the tams of the Cogecdvo proposal, 304 335 (2) Should Seller nor' agree to the teats of the carrucdvm proposal or rail to reapond within the time given, Buyer will, within 5 305 3p6 days, elect m: 206 357 (a) Accept the Property in writing and apto w rho RELEASE sat foda in paragraph 25 of ,his Agreement. OR 357 300 (b) Terminate this Agreement in writing, in which ease all deposit monies paid on account ofpnrch4so prico.wlll be married S08 US promptly to Buyer and this Agrrommat will be VOID, 310 0 Option 2 zoo . 311 a Accept the Property in wridnS sad agree to the RELEASE set ford in paragraph 25 of this Agtmemen6 OR 311 312 b- Submit a written, normative proposal to Listing Brakes if any, othwwi0m to Seller: The Corrective proposal will include, but nor be 312 313 limited m, -?t-- :sine of the certified mi::,gatiac [m>saay: provisions fnrpayment :ecLudas nsem; zed warglodor dam for cos-r^- 319 re =ne ^es. &- WM pay c m4r4mum of S - toward the meal coax of ^05•4o" and teacarts, which will be 314 315 completed by smNement 515 $18 (1) If The rota' Cost of remedinrion aad fete86 EXCP.EM [te a: =T spy- and in p= graph 11(13) (Opnca 2) b, sets r wilt, within sls $17 5 days of receipt of the cost of aemediation, notify Boyar in writing of SeOkr's ehni6C m: 317 213 (a) pay for thetoWcost: 0fnemcdiationandre[ess,inwidth maycBuyeraetepetthepropcrty=4Aipeesto the RF,LEASEset 519 312 forth in paragraph 25 of this Aporn, era, OR - 319 321 (b) Not pay for the total cost of tmmedlndon mad mrests. 324 321 0 Tf Seller chooses not to pay for rho total cost of =ncdiation and re=M of if Seller farts to choose either option within the 3x1 322 time given, Buyer will, within 5 days, aodfy Seller in wring of Buyer's choice, to: 322 323 _ (y) Pay the diffcrmnee between ScHa;t contribution to rcmcdiation and retests and the actual cast themof, in which ease 323 324 Buyer accepts The Property and agrees To tau RE1 B set forth in paragraph 25 of this Agmarrear. OR 224 325 (b) Tcrounate this Agreement, in which a all deposit monies paid an ammeuur of pur0ase price will be renamed promptly 320 326 to Buyer and this Agiwnenc will ba VOID. 326 327 327 228 J 328 329 Buyer Tnitwus: A/S-2TC Page 4 orb Seller Taida s29 n ,;3- 1 r-ILL INO.yif U:3/04 'UL I.U? iu- rHn• NHUt U/ 14 09/05/2002 12:27 F3.g 717 7611485 JGR-ERA X1006 wa 11 STATUS OF WATER (I-00) s30 131 (A) s represents that this pmpc* is served by. . 337 332 ,public Water 33: 333 ? On-sire Wares 333 334 0 Community water 334 335 ' ? None - 335 336 ? 336 537 (B) 1'4'A7'FR =VICE MPEMON CON'!'llYGENCY 337 336 WAIVED. Buyer admowledges that Buyer has du option-to rcq=9 an inspection of the. waxy service for the property. BUYER WAIVFS 356 439 T7M OPITON and agrees to' Mr: RELEASE set forty in paragraph 25 of ttlisAgecanent - 339 340 ? ELE(.'TED 340 641 1. Buyerhes the option, within days aM6 execution of this Agr t,andatBuyer's uApenae,, to deliver in fisting Broker: tY ally; 341 843 otherwise to Seller, a written inspection report by a. quali!14' rofrssionalwaterrratlag company of duo quality andku tluandri'of the water 342 349 - service' U3 344 2. :feller agrees to locam and provide access to the on-site (or individua) water system, if appl(cable, az Seller's expense, if requited by the 344 345 inspection company, Seller also Aztecs to rename the property priorie settlement 845 34S S. if the Tc?On reveals drat the water service does not meet the minimum standards of any applicable'governmental authority an&OV fills to 346 347 satisfy the requimmentsfor quality and/or quantity ser by the mmtgaze leadec, if any. then Seller wit, within days of Moeipt of 30.7 aaA she report notify Buyer in writing of Seller's chairs; m: 346 349 e. Upgrade the water service to the inkimaln acccptaable levels, bcfote senletttent, in which case $uyerscceptc the properry and agmw 340 350 to she RELEASE set forth in paragraph 25 of this Agar anent, OR 350 367 b. Not upgndo the weer service. 351 352 4. U Seller chooses not to upgrade the service to minimum soeeprable lavals, or fails to rospond within the, time given, Buyer wa within 952 Asa days. either. 353 334 a. Acryopttheproperty and'rhewater service and, ifrequiredbythis mortgage ltadenif411Y.'and/Of MYBOvauuneatalauthOdly,upgrade 364 355 the warar savic , bcfam setdemerd or within the rune aequhtd by the mortgage .leaj z, if any, and/or any govtamaemal sudrwity, at 355 355 Bllj*s elgpenac and with' Seller's pemission, which will not be uarcamaably withheld, and agree to the RELEASE set forth in 38s 357 paragraph 25 of this Agrrgntmt If StLer denies Buyerpemdssion to upgrado the wazer service, Buyer may, within 5 days of Seller's sss 358 deaaaL terminate this Agreement Tf Buyer retmirsibu this Ag?t, all deposit monies Paid on account of Purchase pace will be 359 359 mcgrued pmmpdy to Buyer and this Agreement will be'V,OID, OR 35a 36n b. Tenniriare tbia Agreement in whiWa case all deposit marries paid on aecaant of purchase pace will be rcrvrnsd promptly to Buyer 360 361 and thfi Agreement will be VOID. 351 sea 13. STATUS OF SEymi (1-00) 3a2 ate (A) Seller represcnts`that property is served bye Ua 364 public Scwcr 564 345 [] Individual On-lot Sawayo Disposal System (See Sewage Notice 1) 365 Us [] Individual C a-lot Sewage Disposal System in Prnldtnity to Well (See Sewage Noti=1; see Scwagc Notice 4, if applicable) 366 367 ? Community Sewage Disposal System 367 369 ? 7bn-guar Prnuir Brtanption (See Sewage Notice 2) 368 sts CI Holding Tank (See Sewage Notice 3) has 376 ? None (See sowage Notice 1) 376 371 ? None Availnbledpermir Limitations in Effect (See Sewage Notice 5) - 311 372 372 373 CB) 7NDIVMVAL ON.LOT SEWAGE IIT$TOSAL INSPEMON CON R4GENCY 373 374 ? . WAIVED. Buyer 44mowledges that Buycr has the option ro roquest an individnaY oa-lot sewage disposal fnapcccion of the Property. liVYt3R 374 375 WAIVES TfM OF'MN and agrees m ere RELEASE set forth in paragraph 25 of this Agnrnrenc 37S 375 ? Ai.A.LTD 379 sn L Buyer has ;he option, vAchn. days or the rxemrtion of this Agreemenr and at Buyer's expense, to deliver to I.iuiag Broker, if zn 373 _ any, orhorwisc co Seller, a wrrn'fos inspectio i report by a qualified, profrasional inspector of the individual on lot sewage dispersal system. 376 379 2. Scliw agrees to Joe= and provide access to the individual orrlot sewage disposal sysmpr, and. if required by the inspection company, 379 390 empty the septic muk, at Sc11er'5 expense. Seller also Agrf'S to restom the Property print to setdement 300 381 1 If [he report leveals defcas that do not inquire exp211650n a heplaaarrca( of tho testing sewage disposal system, Seller will, wittin s81 592 days of receipt of the repot, notify Buyer in writing of Sella's choice m; 902 $83 a. Cozteet the defeeLs before settlement, including nHOSts. na Seller's cxpcuse, in which case Buyer accepts the Property and z i to 2*3 304 the RELEASE set forth in paragraph 25 of this Agrocineur, OR 304 396 b. Not correct the dafeGS, or if seller fails to respond within the time given. Buyer all), within. days, eidatc: sus 386 (1) AccnTl the Propedy and the system and, if regimwl by the mortgage icnda. if any, and/or any governmental authotity, correct '366 387 the defects before settlement or within the time required by the mottgagq lend= if any. and(Or any governmental nudlotiV, at 3a7 age Buya's sole expense and with Seller's permission, which will trot be urncasouably wirlthcld, and ng= to the pm_rf SE set 368 305 font in paragraph 25 of this Agreement. If Seller denies Buyer perwi86ipn to overeat the defects, Buycr may, within 5 days of sits 393 Seller's deniaL tcmainatc this Ag=m=L If 13gyer %can = this A6mcment, All deposit monies paid on account of purchase 396 651 price will be temmcd promptly w Buyer and this Agreement will bo VOID, OR 395 393 (2) Tctatdraate this Awcomnat io watiug, in which case all deposit monies paid on account Of purcbese price will, be returned 392 393 promptly to Buya=(ithis Apdactcnt will be VOID. sea 334 a. If the report reveals the need m expand orrnplaee Mr edsdng individual on-lot sewage disposal system, Sellcr may, within days 394 395 of the report, submit a wav aivo Proposal to Sailing Broker, if any, otherwise to Buyer. The corrective proposal will include, but nor be 345. 396 limited to, the naznc of the mmcdiarion company, previsions fofpaymenc, including 4emsts: and complexion dare for corrective mcumcs. 396 397 NSthin 5 days of rcedving Scllcr's corrective proposal, or if no corrective proposal Is received wttbin the time given, Boyer wr11_ 397 336 a, Agree 10 ttcterms ofThecouceGveproposal, ifany, inwrihpg,inwhich meBuyeraccepts MeProperty andagrees tothe7tU ASE sus 309 set forth in parltb'anph 25 of this Ag:e*mang, OR 399 400 b, Accept the Propcrty and the SY90 n sad, t_' required by the mortgage leader, if a;y, ardl¢ 2R), governmental authority. Correct ere 400 +n d. rS bee irs'v^:uecr ce within t,c _-? roactued by the mortgaX )coda. if any. ead1-- sy gOV;uz:+enzzi ainhoety, at Buyers ;en ao = crpx? and with Sella''s pe^^lssiaa With Will not he ntrreasOnei ly vrithhoid, and Ag ne to the RELEASE 59 forts M para- 40Z 403 graph 25 of thisAgteemerm If SelIerdenies Buyerpecutistion to correct the tfccts, Buya'maX within $ days as Se'1-r's dem>l,mr- 403 454 minale this Agteetaant. VBUYer =1111naths this Apeeoumy all deposit moeiax paid on account of purchase price will be returned 404 405 promptly to Bayer and thin Alltearlenr will bo VOID, OR 405 408 L 'Iilravhtate this Agreement in wririnz, ill which case all deposit mamas paid on accortur of ptachase prica will be remmed promptly 409 407 to Buya end this Agreement will he VOID. - 4117 408 _14. NOTtM,S, ASSESSMENTS & CERTOICATPS OF OCCUPANCY (1-00) 4911 4ag (A) Scllnr xeprese+l>B as of galley's execution of this Agreement rbatno,pubtic improvearent, oorrdoarudvm or homwwrur association asscsemcnts a09 410 have been made aSsinst the Property which remain unpaid'and that no notice by any goverismeot orpublic authority has hzen saved upon Sellcr 410 411 or anyone on Seler's behalf, including nadcea relating to•violsdons of zoning, housing, boddffig, safety m rue ordinances which remain 411 41Z uacwxecwd, and that seller kaows of no condition that would constitute violation of any such otdinanca which r=etains pncorrected', unless 412 413 otherwise specified here; qua 414 414 415 415 415 l 4111 417 Biiyer7nitials: 0°' ?zffe5of8 Seller lnltialst? 417 r1LC IVO.yif U?/V4 VC LU •J3 lll• rHA- iHht 14 '1007 .479 479 -428 (C) In the event any notices (including viola[ions) and assessments ate Ieeeivcd afro cxecariOn of this Agreemenr and before $aVlClalint. Seller will 426 421 notify Buycr in wridag, widen 5 days Of receiving (be notice or assessment, that Seller will: 421 422 1. Comply with notices and assessments at Sollar's expense, in which case Buyer accepts. the Prupcrty and agreas co the RELEASE sce forth 472 423 in paragraph 25 of this A;MemellL OR - 423 424 2, NOT comply with notices and assewnma at Seller's expense, in which case Buyer will notify Seller within 5 days in writing that Bayer 424 425 Will,. 425 426 s. Comply with notices and asaonsment4 at Buyer's expense and rgeo pi the RELEAS$ get forth in. paragraph 25 of this AgeeemeahL OR aii 427 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be reta ru:d promptly to Buyer 427 428 and this Agreement will bc'VOM. . . 428 425 If Buyer tab In notify Seller within tW time given, Buyer accepts the property and agrees to the RELEASE set fortb in para. 429. 430 graph ZS of this AgmintaiL 454 4e1 (A) Buyer is advised that scares to a public road may requirn issusacs of A highway occupancy permit from the Department of Transpoatstion. 431 432 (E) If rtxiaired by law, within days of the =ccution of this Agreement, Seller will orderfor davay m SClligg Broker, if ally, otlit2wiae 432 433 to Buyar,.oo or bcfolc 3ettiemeat, - 453 434 }. A Canl&Ation from the appropriate municipal department or deparbnents disclosing notice of any uncorrected violation of zoning, hove- 434 425 tag, building, safety m fire ardinances, AND/OR 435 436 1 A ouldllcaropamkdog occapancY Of TboNOpary. lm the event repairs/lmproveotears etc r9gMod for the issuance of ire certificate, Seller 1146 437 will, within 5 drys of Sews svecipt of the rcquiremants, notify Buyer of the nquiremoms end whether Seller will make the requited 437 438 repaas/unprovrxrtwsts at Seller's CXpcnaa .rte' 438 Q4 If Seller chooses not to make the tcqu'vrd replax7mrptovements, Buyer will. within 5 days, notify Sailer to wAtmg of 5itye'3 ChaiCe W OgMi- 459 440 AAM this Apacmant OR make the rcpai"/nrTrovements at Buyer's axpeaaa and with Sailor's pexmiesiou, which will,notbe unreasonably wirh- 4411 441 hold If Seller denies Buyer pmmi6sion re, makes the required tepai s, Buyer may, within 5 days Of Seller's deciA terminate this Agreement If 441 442 Buyer terminates this Agcement, al] deposit monies paid on account of purchase pdoo will'bc rraumed pmmpdy to Buyer and this Aynb(MOC t 442 443 viillbcVOM.', 443 444 I5. T1TI.lo., SURVEX51& COSTS (1-00) 4" 445 (A) The property is m be conveyed tnc, and clear b£ all liens, eacinnlhaaces, and easements. EXCEPM(3 HOWEVER tba following; existing 445 446 deed rcabictions,'histo iv pmservadon resaictions or ordinances, building restrictions, ordinances, cesomcats of marls, e,4-.o.eat5 visible upon 446 447 Ilia ground casements of record, privilcscs Or rights of public Secvlm companies, if any: athawiac the title in the abovo described real estate 447 40 will be good and markerable and such as will bo insured by a reputable, Tide lasurance Company ax rbe regulortaica. 448 449 (B) b the avant Seller is unable to give a goad and marketable title and such as well be insured by R rapumblc 75t1c Compmry at the regulai rauu, 449 480 as specified in paragraph 15(A), Buyer will have Tin option of ti" snub tide as Seller can give without ebaagng the p = Of Of beislg repaid asp 451 aL monies psidby, Buyer to Seller an account of purchase price and Seller will tuimbarse Buyer for any P95w incurred by Buytrfor those 1[em5 451 452 sprcifiad in paragraph 15(L) told in paragraph 15(1)) items (1), (2), (3)t and in the lanereveot there will be no further liability or obligation oa 452 453 eahtsoftheportiesbee=andOisAgieemenc-ill becomaVM 453 454 (C) MY atirvoy or surveys which.may.bc required by the Title Insurance Company or the abstracting atromey, far the plcparatioa of an adequate 454 455 legal description of The Property (or Tile amTeetian the-real), will be secured and paid for by Seller. llowevor, any aurvcy or smvcys dosired by 455 430 Buyer or requited by The morroZz louder will be secured and paid far by Boyers 458 457 (D) Buyer will pay for the following: (1) The premium for ma chaDics lien inalnnre andlDr tine starch, Or foe far canocilatian of S24re, if any; 457 454 (2) Toe pnemiDlns for flood insurance and/or fire insurance with exrended covrrege, iasurui s binder chatgca Or amcollarion fa, if any; 458 453 (3) Appraisal fees and charges paid in advance in mongaga lender, if any: (4) Buyer's customary sottlerthcor costs and wMals. 459 460 16. ZONWQ CLASSIFICATION (1-00) 460 451 Failute of 1r'_sAg=n4(:Ut to contain the caning 11as6 fiiaetioa (exceprin rases where die Property (and each patucl thereof; if XUbdividable) is Zoned 481 488 solely or primarily to permit single-family dwellings) will reader this Agleemaat voidable at the opdoo of tho Buyer, and, if voided, any depotdrs 462 453 tendered by the Buyer will _=" =1 er without any regrnimnent for wutt acdon, 463 464 Zan tog Classification= L'n7"444 4as ? MECTBD, Within days of Tbc naccotim of this Agrumcn6 Buyer will vtafy iliac the existing use of the pipparty as 455 466 is pccmittod. In dlc event du use i8 not permitted, Buyer will, within the'dwe 400 467 given for verinrat3nri, notify Listing Broker. if any, Odlezwise Seller, in writing deal The existing use Of the Pmp;rry is not permitted and this 467 488 Agrocmcnt will be V01D, in which case e,0 deposit monies paid on account of puirLase,price wsl be ==ad promptly to Buym Buyer's 463 469 failure to rCSiiand vAtlib7 the time $i it will em SUMP n WAIVER drthis coningc gy and All other terms of this Agreement remain in 469 470 full form and effect 4711 471 17. COAL NOMCE 471 472 X NOTAPPLICABLE 472 473 0 APPLICABLE 473 474 Tins D6Ct1146NT MAYNOT SELL, CONVJK TRANSFER.W(;r WE OR 1NFMTUE7r1.ETO"M COAL AND =has OF SUPPORT rRA1P3iJ CUTEE MWAtE LAM 474 475 D6.SCMM OR REPEa M TO BERM, AND M OWNER OR OWNERS OF $UCtI CDAL MAX HAVE THE CDb1 UM =AL RIOUr 71) RaMOVR A -LSUCH COAL AND 475 476 ni THAT CONNRf=N, DA]r1An3E MAY RF$u1TTO Tt•1L SURFACE QF`rHU LAND AND AW NOUSLr, aURAit4r, OR OW1ra S=0CMP9 ON OR IN SUCH LAND. (This 476 477 DOE= is set forth inlbe manner provided in Section I ofTlBAcr Of July 17,1957, PL 984-) "Buyer admowledges that he may not be obtaining the 477 418 tight of protection against subsidence resulting from coal mining operariods, and that the pmperry da cribed herein may be protected from damage 478 479 due to mine subsidence by a private contract with Tea Owners of the economic iruetesrs is the coal This 4rknow18dgemeat is made for 111o pyrpose 478 400 of complying with the provisions of Section 14of me Bimminona Mace Subsidence and the Land ConservalionACr ofApril Z7,1966." Buyer agrCCs 480 441 to sign the deed from Septr which dead will contain the aforesaid pxavisioiL 461 462 18, POSSESSION (1-9B) 482 40 (A) Pesses4mis tobe dclivcrrdby deed, keys 9114, 483 484 1- Plhysical possession to a vacant building (if aHy) broom•cl= Pita of debris at day and time of settlement, AND/OR 444 485 2. AsBignmantofexistingleaaa(e).together wthanysWUritydepOs1M=dint8mst,atdoac-Ofsetdamaat, ifPmperiyistenant-occupiedatOle ass 481 exacudoa of this Agtccmenc or unless otherwise specified herein. Buyer will Aclmowledge eldsticLP lease(s) by initialing eaid lease(s) at 4a5 467 fume of signing of this Agreement, if property is rerla r[roocuplad. 487 468 CB) Seller will not cuter into any new leases, written extension of exisdUg leases, if any, or additional leases for the Property without awdtassed 4n 483 written conscrt of Boyar.. 489 1190 19. RECORDING (S-95) This Apesrnanf will rot be, remeizxi ?r the OF= for the Rernn9ing of Deers orha any ochzr office or place of public:ecord 44e 44. =.^ i 5--ye: c=&s oe p=:a A,-=== to be mezz a Sell= may clGx to it= suet: all as a borax[ Of dtis Agc?rrnL :6; 432 20. ASSIGNMENr (S-85) This Apecriarx will be binding upon rho panics rhgr mspoctive hdm, personal rota Gen ativrs, gumdianc aadmcO=M, 49z 443 and to the C%Mut Assign?bla, on the assigns of tic panics hen:to, it baims exgtsiy imderstood. howeve; that Buyer win not transfer or assign ft 493 494 Agroe rumt winccut the written aonsent of Seller- 444 495 21. UL',Y0Srr & RECOWRY VUND (1`00) 404 408 (A3 De,posirs paid by Buyer within 30 days of sarclement will be, by rash, cashier's at certified check Deposits, rOHtadlcsa of the farm ofpaymera 496 497 and thepetson dasighated as payee. will be paid to Broker orpmty identified in paragraph 3(F). who will retain then in an escrow =Otmt until 497 49a eoroummatian ?trsvnination ofdileAgltunrnc in conformity with all applicable laws andieguladmis. My rmcashed check tendered as dL'posit 488 49a may be, tiddpendiag the. accepamm Of this offer. 489 5110 (B) In the event of a dispeto over cntide na a lo.deposk monies, a broker holding ilia deposit is required by the Rules and Rcgvlations of the S= Spa 501 Real l±siate CmintiWon (49 Pa Code §35.327) to retain do monio8 in csmow until the diapum is resolved In due event of litigation far ilia 507 602 Maim of dcpositmonie9, a broker will distr&M the macks as directed by A n^,t orderof court oche wriam ASracmcnt of the parties- Buyer sat 802 and Seller agree "in thr want nay bto&aT or a$Sliated licensee isjoined in litigaion for The return of dcposic monies, the attorneys' fees and. 5p3. 504 casts of the w(s)) ?d`acans?ee(?s,)will be paid by d= patty joinigg deem 504 Bas a/S-?xPagabaf$ SeUerlnitial??? 5D5 \l M FAX: PAGE 8i 14 FILL No X11 VyiU4 'UZ 10 ? b4 lll: _ (;410313002 22:29 FAX 747 7611495 JGR-EAA QJ 00g gad Car K teem ea "._ auvvay rua+ wYY W mimnaac aoYp,aaoos vend nnuC oomeea a oast avdyaagpept spent s ltonrylvema rail eamm 605 507 IICCfdCa owingW tmod,mneenrama.v[da=tr(vA[ealraaW Umso?foaavdwu nn?e bora?mommcolWSdL,pa?ncnrawezheuaa 507 d45 iag ill Legal a>ad wldtoWe raa,?a. pen Complae de'min about Me, Fiat, Call (717) 7WSM. WOW) 822-2113 (witbio Pmntyhv ) and Sol 361 (717) 704654 (aWWZ Pc0A6yl-OW. see Sul 22 ?NOOMfB4WM/1!T-ANNEd1COMMLMITY WME4WMMASSO0h1TTON) RYSAT-z NOTlix 0'00) me $1.1 SIT 572 APNJCABL£ 0G2iDONIICAIlb! S52 Sig Bgya' ndgmwledgea dint the PmpvW is a Wk of a roadmsmamn dens is PdWm11a'stir by a uaje Owner' aisbdadap.13407 of des Uniibcsn Sts d14 CQmmTdNmn Aa of Pers6Ylaara mtpma Sella[ laf nniah BmawjM a Ccrafha a of Beaek Nw copies efdW eordaminam du i, aaws S76 511 (Ow Sam plats and plans), the bylaws. 04 AW mlea and nepladdus of the amcdsdcn 570 T15 ? AMMIC'ASM PLANNED 'COMMUIS i1-y a WF DTIR ERASSOCJB.TlOM 'bt6 SI7 Beyerectolowlcden sra ACp+opetyis past oft plmmrd Onannt0s U dc&4d by Thed)r)fCtm Planoea Cowmm(ey Am,(Sm Ocfivaaoaor 517 595 AmoM Commodity Nodes ter den dell him conn&xd in ft ^C0, 55407W of me AM Mglpera Seller w Ssanid , Over With a eopY of M. Su m5 Declaration(mbernimplay aodplme), thebyla'++ 66Mkabndeeplidam of dm a5shdetwa ad aCadBcmd ooetoirvog in,,onvomw d1a sib Arab in 15407(A) of tba Acn 520 sn (jv)'0.Sdnn_,?4ays ofdte c¢eudtlM1 OfthixApa.aq SoOetmB SUhodra mgoewwttr apedgdmfaaCetdfiaw aCB,dcana0o duo- alt 626 anemm?aatsarym eeabieSolhcr M;.Mphy wimdnAa.TheAa prosida then tae amaaadwis regW.ed to provide those documents wida, sa 6TJ SO days of5dler's yaletsh %22 924 CB) UndcmeAct. Sellarispot linble bBvyafM ate faihoe Ot4day optbe+...vs«t^^mpmside'dd CUfiYtnwa adWdymewsa, nork9dia Sac Sys 1iAbk wEuyutama C¢opeeab irweneouaptov;dedbyda atmdodonad imlwlad oMe Om$Aee. M 526 (C) Boyer Xay dalfine sh45 ApamaA V= Crarty, don before 8uya'4 ttcdia of We aasodadm doadabts and for5 dip's thacaPac OR dad 526 ag7 aeW=aek whimcvar cocm a" Royce's dodec drnladgg ibis Apea nar void Woes ba in .ziw r deaea0a e0 deposit WaadeS will be CST 623 Wmmodin Buyax 526 523 T. Too CVeatlle paaoeiatim lwb Wagght W bay the FR-W119W of fair nufaia0. and the aifaeixtimauea9m duanghgScalar Will rambu[6o 329 yyp Bayato[all mopiespv4byBUycrm aeeoan[afpr¢ehasapsice and'3#Yy coasinCSmrd by8oyafor. (T) Tacprambnatmmcchmacalien ass Sal ksm>a[a apd?a Cd03earcb.aLatoo gnceladem utsaoW, iPagy; (2) The pru;MinsAt flood to$di = entllrrfire mscroMe with emend- yyt su ed uvve2A, +osrtrott blame eipsgea a eanndkdon foe, if aqy: 0) AFpmed87as god charges paid in advance on madgage leads, if my, Z. 5p5 (4) Brtya's eu5dnuvy setdramnrmsttpM atnoal6. S33 564 2.1 N?UN7'ID4AIV0'E &h1SK OFLOSS (7.00) 534 mS (A) Sella win srainva n don PfuiptAy. grounds. AatorCa, and my per Beni prnpat' Spocffrally sohemaial haten, in in lucent ooad:doo, sole, 533 Sa6 wrnr]ndteereneapfed. tit 537 (0) 7n dd awns my synan orappliaacc included lC the sale ofdu Napaq h% ad Sena not repair orrtplam.dw;mm, SenCCWx pcompdy a37 gas ratify Buya'ia veidng of SeBa'a cpoleato: 'gas SSA 1. Acptiaa[Rpluedse.PaOed symm aapPlihoce'oelhre sad[men[ortWdicBuyerazacdbbtn[firfl'p [airnlia(xtvldsm of dlpfdiled ey9 all so Can avpptiance(tRia opdonml5s[be acapmNam the numgd$]mdet Sany). In each saw Huya aeapd dxlmda[6ccsm 5m sea din RBCEASE¢tfotga as pampaph 28 af'his Agseemaa, OR sot 542 _ a6vle n0.pets aaepleaJrvlats, ova cot 4edY{Bycruaeokaseuttp[Qr.&4aaadtat vilue of rbe Aa]pi sys¢ip ws?plieott.in wooed W 661 raaO Burawnl mdtySellain wddns`c'idan5daysabsP[de 6nrdemrar, wbideva=ip eaoacr. RsacBarya sill; gp a Aa¢petiw Ympaq and azaeemlheRA.SASE tatloatb io yrapaphu ofdaaAprmtwx. OR 544 544 54 b. Tamargw dda Apwraart an wblala c[ae all dcpNirraumlm paW w aaeuu pF PUmha:e pncc Cam be aaanrdpWmpay re Bum a46 a4a and tbi9Agcoanein will ba VOB). - sae 541 (C) Shcawinlaan156k oflom from Sib oraWac?aaalde40an1 dnsp ofaenlam aCbs dm avuotof¢eWagoby5aa or ert,er rasuslnes manypWp- 647 ec3 cry bsdodcd in We able Ones i3 not mpsired orreylarad Wild' d V4dWnm4Buyer wiilhb the OFICO of acccina1g5 This Agmaran end at, doe Weepay.cmviag ell a "pud m aceaaa of Patio= price ea' 61 moppong the P.pnp, m in Men coudodd wgeder Card we pmaads daa She of ay iffl coos rcoovwy eiothsble by scam Bases u hereby added*Asyavm team, Bayai equlmWe b ins, 0 this proper, 4s of .4 Sal dWdtne f=vdan at dtip Agmamvc 557 ese 26. Wilk M OFCOMMGMiM S (1'00) 5] 5w aftcyonc.t9A>,.=is eovokeemon Buyee%nghambupea abd*o pdir Abe Peoputy,Bayer', Whir, to=ad% my aribuyerh ePaora 595 Dpi whbw the dmclinms spal0ed in the rnpdnCeacrPro (a)wiBaan4dada aWAVM of tlrataopnngm?and Baym "p,, Mcpropary Soo lags and ape5a in the RFAXASE as forth in pabu rapt 25 oftlibApiagamt sa sic 2& 91"aLRASR.(1-00) Bnpcr havby rrlcac, quit rlaioa =4 New dleWUgn SEU.p.R ALL BRORT;RS, ehalr L TCPI4SEF.S. B'aiPLOY- ssp afl MS, and any DUE= or PARTNER tit any ban of dawn and APY AW FZWK FTRhb W COYt UITONtsha my be, Halal. by or 657 555 thrvoith Simon, fro. any and all [htnnq tare, a deWaudsy lnalvdigg, but not ymhad to, pang brim grid pmpWq d,,W and ah of Set s64 the ca ncTim as thaaoC whether now anemn or mote which may arise tom flan pnentg rn Of termaee ft MV wood.boring iosaas. radon, 554 530 ka4-band Paint ha0x[6$ arvlydnmenWl hPaards, any defect its the In b dudes-W. uewage 416ismal evened or defideaeio is the'o,,gM, a.. 531 wad' aeraice syamm, May defeers or eoadM0116 on the Prop9rq. This nkae will mrvfmpJ emmr. 641 55] 26. BEPRPSENTAVONS(1-00) 562 CR (A) BOym mdainnda rho any yep evdatiaa.daimG+d"cxtglnGp[armdooel acduldc.hmensaet aplarceEmryArod male by Sd(c Bmimn. 66s 594 the habracm caTiNcyeag.of{yptl. orporban am na aparralrtdAAgmamwt nt0¢s9 etpoady hueogaramd atwCdin ddsAgoemaVt Sd4' yea (B) 11 is anderawod also Buyer bah inaiwted rho paoperq I dsn signosg 1hae AlhymWrt Outwing simro, and any pa men, property Say Sad apecfiengy, scheduled fun hj),orbs, waived the rlgbt to doaw and hoe agreed to pprdase it m to praunrrmdldao times oMawik. gas 559 awmd is this Agaxemad. Buyer ntdmoMCagnttW4Broltov, MOir 0ceasea, mapioyo g offieata or par,,, have ,, nmdman andepnsr an lam drabs malnnratlm or dearrakafian afthm structural attaching; oft". Property, adage m' wodi0on oftheecinnaunts; eavaoammnrat me 334 'cond'diom. She Permhtm uses, arc OtCON dPa5 ea150119 to the lople write gibe PIoParVb-gailnsid, Or bave they md, d sneehankax ass 574 Wlpectim of any arms patama contained Margin- d70 571 (L7 It is fbnate m4ax9xd=Tois AMC== 004mun ft whale agWemmtT»awxn gelkr WBuym and rbae mein ads, teens,.uigatinos, a71 67y covenants, agmwenmdOns. abuiern e; or cmdidwss. OW in orbeaaern of any kind whatsoever <anrcming Tide sal, FhrhetmoW; ads 575 S72 Agream arwM pocle ahead.=mdsd,changed. ornmdlAmdexeepr ht writing rsrW? by rhopadea a71 570 1D)Thcbeadiag. w4onr.md Wuinombea In ddsApeemomiusmavaS OtdYm malkit caviar W[wdabaV.SmjeL 074 57s 27. TEKE (W T'azZSSE1SMITEFAULT O-00) ms 575 the amid a.c foraememear ad ellobnx emebwfi naub twdiepafer.,pre Kant oftbe oPbyBCigas of waAyeaea'ri me LambY ar,,ecdm be ale 177 of Nanbuca ofmis Agoeaniem. For ft porpwaof%hisApvanent ammbr of dswa will be Congaed Eom'du am ofemCndon, by"Cfudiog The 5]1 fle daY oils AgeanWr,wu greased mnd dncwdivS the gibe daY OfdK Coe payed Should Baym - S73 575 (A) paal maim my Addhimal payments u Tccl8cd in puupaph 1; OR a79 Sam x Fmueh false Of ineemplae zoosWadon m SCII, Uokthg Bmka, Selling Bmpc, a she re epp Tender; UE MY. "mating Boya'e tmpl a 5w apt rmaaiial Scabs. or fail m coopaax m tba procea Let of We Margins Sam Appliceam, wfdCh area wadd Neuk in ft flare W obtain the Set SITE approval ne a MaTop loan romzmnaavn OR .. qaf at (C) Yztdm orfal to fulfill and pedetm any omar leans a eand(dwa ofilda; Arfeem4s: 50 6a4 rhm.nmh?3mua aaY coo opdm ofrcraining all manepeid by Boyce ipdudhtg Nedeya'lcmonia, 1) on auomrofpumyeac prlrx.r laps 665 rJ ere Maki m oe applia4 W Sella',$ ft"Ati. a 5) as RgOidvrd d3vagra far etWb tandt, m SuBcrmQy stmt, ualCas aBervSac [Reeked Sav asp ?y below. so 637 (=ts Sam is horned m nudtdng som6paid by Bayer, iaehtdin8 depots¢monira. a ligaidsWdda.Nhgcs. yy7 in if Seas rim m seems a sswe pa,d by Bayer, inrludiag 44,sis mpzl ]UIgmdared dQVQM Boyer and Seas wQ be edew,d from f,, Sea 'cop dter nabaky r obSzeda^ sad this Agnemaa will be VOW. See 053 59 621 1 541 56] 5m aSaugalk V, ? 502 ay.v aS,zrc Page7ef0 SCUrlialp1s?59s'. i'1LL IVO.Jl( Vy/V4 VG SV •J4 lU• 29BROMW (190) Tlla Business ReladOOtnlpa tawma tae BmY (J vvd Sellot +od Bqc ®+os MLIwn. UNLESS a tliSemrt slscaosoip is 59a 1-HyL `J/ 14 0610312411 13:29 PAT 717 7911685 MGR-ERA moos 509 39:i daE' S9T 30A 599 600 501 AM He 004 603 an 507 600 IN AID Mt 612 313 M4 015 616 617 Ala 619 at0 621 ea Oza Rb Eye 627 Ana on we All 132 aaa cola 6L5 AM 697 693 619 "A Oat 6l2 M 044 646 us 44] w 04% 557 fin 052 ea 66, 155 655 aD 568 65A 650 ees del eq Asa 463 66a AV me 569 W9 M 671 US va 47S 676 M 676 679 M QrccYrdbelow, ft (A) 7"qp lf4dAg BloYrsis Agent fm'Sego: 50 (u) Tnd SWtaY +ia AY?tfbr Bgyel; "IT (C7 Wnea7lKL(amg BSOkot eves Selling Bmkaxnems satpe. tbnRwker is alTatlAYera.Duel ApSnay applies mvU lidanaq.UN6.PSS.mec0 l9 No a Dcd>glaW6Agmt(a)Ya•SeTh'i?dBDeA$eve4ABmda)fu'BW'eXdao aomeI+ommeif daiyoamd heStlkraudByer. rbe t;regseeu rag aDuvl A,ga•1{r M ARntinW Rdudaablp WstA thna1a 41ilk+wi eoa&bum"foam: 001 ? Tao SC2k71$BrUaT ii 1f10 ABarhf/$dwaGl[Rlf 56gr7. 602 ? The Selling Bcoimc Laxllniuee4w licnPer. OR p Tne Liring Bvakeru alYVUacdnnlleeraes. boa QJ) Btoku(a)mny p0tfarm aerTicnmuaie[w.aptbeeeedpwdee in rm+idyiug vidt spe name e(dianp?ame Ans 79. TaDWIDN(74M 47P [3 NOXAVAB.ABLE 507 ? WAIVBD.Bayeaaad SdicawdanandtWthW. lbM; Cb lledid0 a[11w.f CYC.ebeddad.pulp alYE. bYa t{.Y bMie w1l16eM CIA, 6Aa gafioo on the pmc Of ay Party man ao. "A .. ELP.CTm no (N Bnyu Md Shcer Wdl¢y toasaolve aaY d.apufaKdgim abymay aaiuaYomtbL Ag4ea7anat mdanab anAdi0tio4 io aawrdmee witls me AWu 611 And Prnmdtuas of de Nome Segg1717nnad BUM Drryum Raowdou 9Y#em Any apvswawt reached duou8b A almdefied cont've a and 512 upnadby the Pattie; adU tx binding. - 611 (B) Bnya Add Mier ackwu%'dge.that May have reserved. W4 Ma understand the Relm dad yrecedurs of lbo Rome Sepers(domc BAyas Aid Diryo¢R isoludon Sy"-(S. Medibcon Nape#J Alt (L) 19br aSopopom to modus, Nnpaa ali6ang fnx..is Agvfiord wW tauvive me7emvyt bas 6tT to can&* an Phone Mat they have MA d mdentand the nortm ant eaplhmtyury tvro.midw.}?e[foreh to rntfAgatame p l y mvs! ?r4tsQ iDr a'? A13 acopy of th, Agre9awtotaredmeafaipaag ?r?l f fiP0 N SIGNED. TVJS AGRB, 4Wr WA MVINO CANTRACC Raa7tr9 by factunde tra..mtfivafieai (PA)v of thl6 522 wing megWrote3 o(a PAtdtx.aw03,0007¢eSxattx GVd&Apfetamt.'f r An lhb trabskedodarc: adY1kd M t HA- 5 ? a p 6b Bans So)JidM lY rJIN DATE 08106`0 626 1C k.. B.siaaT' cza ?d'}.•.Pd.S4Y1 _ BUYER ,? '' 11A7F•'' $LO? nab 66t 5571. D ='3 'e62 All X7r EMaU Man „ BUYER . 'DATE' Bd6 Sg 1F EMT Xa S-bw 589 - . . .. . ... 1. 1 .. . . 64a 5nnm' herby apprlrva d.e above connect this (do c) ea 9o4 incwddaadw ofdx arsvicm naukred in pmcadng drc Buye4 Sella agdeeA mpay d><aaanW li4dng8apn 6&a a( apt ot*oad do,$k¢3h apccifieatalnpricc. D the eyenl Buyer defaulte'here4WbN;tidymadei paid ng, toia(;w81b •?vidcd .; ... .: t. cold 'Met. ,LlstingBidknr. An(tn ho reTat valL Wo snd4 "'dm on rJtu 6e.Sa 6ofdk above kxditea'Br6kcr'a fee. 444 60 W177'7ES8 SELLER DATE 6a6 $aalee Nance Odni) 8S'9 4a7 MmlingAdthcz 6w ` 660 Wt1'NF•ss CFe1pR . DA:M Mat geUtrNamcllnird) S 6s2 6ddtrte AddRSa opt ' 'dawm]k ?PAXa ..''394144 664 WfTN£SS _„ SELLU DATE ?a Sever Nava (p nix) 5s A 457 1dAitioBA?ss 650 Phone ks PAX E-Oadl ash Ma 8rdhe•3'AlrmtsY C416aOW&Ab(alt* an that ads apl"rabid): 641 '? Repidlne Lr+d-Baca Paint fiaaard9lBedmot'o:RegWYaa ifRopae(vaa+6mtt befm'e 1818: The wderslgncd LkaWU;nvalvcd'm 452 tWs aaaaaacilo4 onhe4adf ?'th¢?me(ves and tdrn'laoKdts,'beedfy Ilia dnh"amn ms lmemmn AvR darc? Saowlebecmnbelfef. 6e7 Adwow6ad&4aav4k TncIixamam imolvady: ads aaaxdm baveklotmcd 5ad1c7dfScgn'e oABgedwbsmdnTheBrsdrnddLeSd Paint 664 IL¢nd&edWddoaAvt a2 AS.C.4S52(dT), Mel hie swan; af7he¢ respoaSbiliry ro eruwu wmp8apu. 6A6 666 ?1,.? [] ReW4W PHA Momp9m: Too wadaoighnd Tjemaoea involved in thin nips edon, w behalf of rb4dlo1vcs and M& broken Ctadfy M, 657 Me 1=6 of this waton"forpur<iwe ate nun w Mae best of IbdrkLOwlodge and bdict Aid(ba[any our apvontm cAT6rai haw by any of 666 these pkhR in wmeednn•Mlh Ibis na RGdOa i9 emdhed W this Aftsmen[ 668 Regare iuMcdolfiso: Thcuntladgtad Q[idUE;oclts VSellineBtal. aA,.wtw1,.. bAd rhg, i..KCO4g o,Widlpesn: 577 6n vfmisw6mednwc Zkpb 29 672 A74 Broo LISTING BP.OKER (Ca Name) ( G? k ? r W4 .G,?. LI AcGEP'CED BX D/,--, eQtl,fA?-_-•,.-.?__.-DATE ' Aib 6]6 SEL]NG BBC/ICSR (C?u?qtpd?ny? ane) ?•u a Br an ACC$PIED BY DATE A]9 A75'.aKYage8018 6W SELLER'S COBX HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON CUMBERLAND COUNTY, PE No. 04-6039 Civil Civil Action - Law ORDER AND NOW, this Z96* day of March, 2005, in consideration of Plaintiffs' Stay Proceedings, it is hereby ordered that all proceedings in this matter, except the Motion for Protective Order, are stayed, and Plaintiffs shall not be required to file complaint until the Count rules on the Motion for Protective Order. BY THE COURT: ? V DI 0 MAR 2 3 2005) OF ?ANIA to on J. ?z :? !:au 67 V.qj? Poaa HITESH SURI, RAMA SURI and IN THE COURT OF COMMON PLEA SATISH SURI, CUMBERLAND COUNTY, PENNSY ,VANIA Plaintiffs vs. No. 04-6039 CIVIL UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC, trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants Civil Action - Law NOTICE OF INTENT TO ENTER JUDGMENT OF NON PROS Date of Notice: March 29, 2005 TO: Hitesh Suri, Rama Suri and Satish Suri c/o Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A CO PLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OFT IS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOT CE "f0 A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO:tD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YO CAN GET LEGAL HELP: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BF, OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 13ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF ER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, ISougT Marsico, Esquire S t. I.D. No. 69804 631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants, C M Detweiler Inc., Howard Hanna Detweiler Realty and Hill ry Bitting CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document the person(s) and in the manner indicated below, which service satisfies the requirements bf the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Paige Macdonald-Matthew, Esquire Saul Ewing 2 North Second Street 7`h Street Harrisburg, PA 17101-1604 Respectfully submitted, arsico, Esquire S D. No. 69804 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants, C M Detw Howard Hanna Detweiler Realty and Mail at Inc., ary Bitting 86173 r- o 1 J ?, ;; t_l 1' ?,l . l:? HITESH SURL RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law RESPONSE TO RULE TO SHOW CAUSE AND ANSWER TO MOTION FOR PROTECTIVE ORDER Albert J. Hajjar, attorney for Plaintiffs, files this Response to the Rule to Show Cause issued by Hon. Kevin A. Hess on the Motion for Protective Order (sometimes referred to herein as the "Motion") filed by Defendants Jack Gaughen, Inc., and Keith Sealover (collectively, the "Gaughen Defendants"). The Motion for Protective Order contains factual allegations of record, factual allegations not of record, and legal points. The Motion does not contain a verification and was not accompanied by a Brief. Nevertheless, Plaintiffs, without waiving any rights resulting from the lack of a verification, will respond, seriatim, to all assertions in the Motion. A Brief in support of Plaintiffs' position will be filed simultaneously with the filing of this Response. 1. Paragraph 1 of the Motion is correct. The Writ of Summons was issued on the same date. 2. Paragraph 2 of the Motion refers to the contents of a Notice of Deposition mailed to Defendant Sealover on December 30, 2004, scheduling a deposition for January 26, 2005. Although the Motion is substantially accurate in its description of the contents of the Notice, the Notice speaks for itself and a copy, therefore, has been marked Exhibit "A" and is attached hereto. 3. Paragraph 3 of the Motion purports to describe the contents of a letter dated January 21, 2005, that the Gaughen Defendants' attorney sent to Plaintiffs' attorney. The letter speaks for itself and, accordingly, a copy of the letter is marked Exhibit "B" and is attached hereto. 4. Paragraph 4 of the Motion asserts that a similar Notice of Deposition was sent to Defendant Bitting and that Plaintiffs' attorney "received the same response from her [should be `his'] counsel." This assertion is correct as to the Notice, but it is denied that Plaintiffs' attorney received any response from Bitting's attorney questioning the right of Plaintiffs to take the depositions. The only response received from Bitting's attorney was a call requesting that the deposition be postponed because Bitting was in Florida and would not be returning in time for the deposition. 5. Paragraph 5 of the Motion purports to discuss a telephone conversation between the Gaughen Defendants' attorney and the Plaintiffs' attorney and describes Plaintiffs' attorney's comments as indicating he did not need discovery in order to prepare a Complaint. This description is denied. Plaintiffs' attorney has always taken the position that discovery is needed for Plaintiffs to prepare a proper Complaint. Plaintiffs' claims against each Defendant must be supported by the pleading of the pertinent facts that relate to such Defendant and such facts are not available without discovery, Plaintiffs' attorney's position is best exemplified by a letter, dated January 26, 2005 that he had sent to the attorney for the Gaughen Defendants in response to her letter of January 21, 2005 (see Paragraph 3, above). A copy of the letter of January 26, 2005 is marked Exhibit "C" and is attached hereto. Page 2 6. Paragraph 6 of the Motion purports to set forth further discussion with respect to the telephone conversation between the Gaughen Defendants' attorney and the Plaintiffs' attorney. The comments to the effect that Plaintiffs' attorney indicated he would not schedule the deposition of Defendant Sealover until after receipt from the Prothonotary of a Rule to File a Complaint are denied. Plaintiffs' attorney has always taken the position that discovery is needed for Plaintiffs to prepare a proper Complaint containing the particular facts needed to support claims against all Defendants. 7. Paragraph 7 of the Motion refers to a Notice of Deposition dated March 2, 2005 and, again, the Notice speaks for itself. A copy of it is marked Exhibit "D" and is attached hereto. 8. Paragraph 8 of the Motion is correct. 9. Paragraph 9 of the Motion contains seven subparagraphs, labeled (a) through (g), purporting to set forth reasons why Plaintiffs should not be permitted to engage in pre-Complaint discovery and these subparagraphs are responded to as follows: (a) The Motion states that a "review of the Agreement of Sale (`Agreement') upon which Plaintiffs' [sic] have stated their cause of action, as indicated in the Notice of Deposition, reveals that Plaintiffs agreed that all disputes arising out of the Agreement shall first be submitted to mediation." This statement is not correct. The Notice of Deposition does not deal with any Agreement of Sale. Moreover, the agreement that is referred to is between only two of the three Plaintiffs and only one of the six Defendants. Neither of the Gaughen Defendants are parties to that agreement. If any failure to seek mediation is a defense available to any of the Defendants, it should be raised during the course of the pleadings. Mediation Page 3 has nothing to do with whether Plaintiffs are entitled to conduct pre-Complaint discovery. (b) The Gaughen Defendants repeat their reference to the so-called "mediation clause" and assert that Plaintiffs have failed to submit this matter to mediation and thus have no right to proceed with pre-Complaint discovery. While Plaintiffs have not submitted this matter to mediation, this fact is irrelevant for the reasons specified under Par. 9(a), above. (c) In Par. 9(c), the Gaughen Defendants assert that Plaintiffs already have enough information to file a Complaint, but they do not suggest what that information is. Plaintiffs deny they have sufficient information to file a Complaint. (d) Par. 9(d) sets forth a conclusion that will be dealt with in Plaintiffs' Brief. (e) Par. 9(e) sets forth a conclusion that will be dealt with in Plaintiffs' Brief. (f) Par. 9(f) sets forth a conclusion that will be dealt with in Plaintiffs' Brief. (g) Par. 9(g) sets forth a conclusion that will be dealt with in Plaintiffs' Brief. 10. Par. 10 of the Motion includes a statement that Plaintiffs' counsel has conceded he has enough information to prepare and file a Complaint. This statement is denied. Plaintiffs' attorney has always taken the position that discovery is needed for Plaintiffs to prepare a proper Complaint. Plaintiffs' claims against each Defendant must be supported by the pleading of the pertinent facts that relate to such Defendant and such facts are not available without discovery. As Plaintiffs do not presently have the information needed, and the sole purpose of taking the subject deposition is to obtain that information, the depositions should be allowed as permitted by Pa.R.C.P. Nos. 4001(c) and 4007.1(c). Page 4 FURTHER ANSWER TO MOTION 11. The only pre-Complaint depositions the Plaintiffs' attorney desires to take are the depositions of Defendants Keith Sealover and Hillary Bitting. These depositions were originally scheduled for January 26, 2005 and were postponed and then rescheduled for March 21, 2005 because of Defendant Bitting's absence from Pennsylvania. They were postponed again after the filing of this Motion by the attorney for Keith Sealover. 12. The inquiry Plaintiffs' counsel intends to make at the depositions of Defendants Sealover and Bitting are limited by Plaintiffs' statement of "the nature of the cause of action" and by Plaintiffs' statement of "the mattes to be inquired into." These statements are set forth in the Notices of Depositions (see Exhibits "A" and "D," attached). 13. In their Notices of Deposition, Plaintiffs also asked for certain documents to be produced, but these documents were limited to those related to the matters to be inquired into in the deposition (see Exhibits "A" and "D," attached). 14. The Defendants in this action fall into three categories: sellers, agents for sellers, and agents for buyers. Plaintiffs believe that Plaintiffs were the victims of certain misrepresentations but need the depositions to sort out the relationships and interactions between and among the Defendants, and the categories of Defendants, so that their causes of action against each of the Defendants can be properly pleaded. Page 5 WHEREFORE, Plaintiffs respectfully request the Court to deny the Motion for a Protective Order filed by the Gaughen Defendants. Respectfully submitted, Albe aj' ?t- A omey for Plaintiffs ID No. 07064 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 6 VERIFICATION I, Hitesh Suri, do hereby certify that I am one of the plaintiffs in this matter, that the statements made in the foregoing Answer to Motion for a Protective Order are true and correct to the best of my knowledge, information and belief and that this verification is subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Hitesh Suri 79z'2m HITESH SURL RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law NOTICE OF DEPOSITION To: Keith Sealover 3915 Market Street Camp Hill, PA 17011 Please take notice that on January 26, 2005, at 2:30 P.M., the deposition by oral examination of Keith Sealover will be taken on behalf of Plaintiffs pursuant to Pa. R.C.P. No. 4007.1. The deposition will be taken at the offices of Albert J. Haijar, attorney for Plaintiffs, at 1300 Market Street, Lemoyne, PA 17043, Suite 3 - Lower Level, before a notary public or another officer authorized by law to administer oaths and shall continue from day to day until completed. Pursuant to Pa. R.C.P. No. 4007, 1, Plaintiffs make the following statements: STATEMENT OF THE NATURE OF THE CAUSE OF ACTION: A claim against the sellers of real property located at 9 E. Glenwood Drive, East Pennsboro Township, Cumberland County, Pennsylvania, for failing to disclose material defects and for misrepresenting conditions of the property and a claim against real estate licensees for breach of responsibilities owed to the plaintiffs and relating to the sale of the property. STATEMENT OF THE MATTERS TO BE INQUIRED INTO: The relationships between sellers and licensees and the relationship between buyers and licensees and the relevant facts that were known to, or which should have been known to, the licensees. V ?r? The deponent, Keith Sealover, is requested to please bring with him to the deposition, for examination and copying, the following items: All documents within the scope of Pa. R.C.P. No. 4003.1 which are related directly or indirectly to any of the matters to be inquired into as stated above and which are in the possession, custody or control of, or available to, the Deponent or to his agents, representatives and/or attorneys. The term "documents" includes, but is not limited to, all documents relating to sewage and/or ground water discharges from the subject property or relating to the use of the apartment and all documents relating to the listing of the property for sale within the last five years or any negotiations relating to the sale or possible sale of the property within the last five years and all documents relating to any proceedings, correspondence or other communication between or among the township, the sellers and/or the agencies and all documents relating to the sale of the property by Umakant Dash and Kalyane Dash to Rama Suri. December 30, 2004 - )q Ik-) " Albert I Hajjar Attorney for Plaintiffs I.D. No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 2 k I/ All 2''? SAUL EWING Attorneys at Law A PoIawere LLP Via Facsimile and Regular Mail (717) 761-3446 Albert J. Hajar, Esquire 1300 Market Street, Suite 3 Lower Level Lemoyne, PA 17043 PAIGE MACDONALD-MATTHES Phone: (717) 238-7675 Fax: (717) 257-7583 pmacdcurald-matiffies,-a.)saul count www.saul.earn January 21, 2005 Re; Hitesh Suri, Rami Suri and Satish Suri v. Umkant Dash, et al. Cumberland County CCP 04-6039 CIVIL Dear Mr. Hajar: Please be advised that this firm represents the interests of Jack Gaughen, Inc d/b/a Jack Gaughen Realtor ERA ("Gaughen") and Keith Sealover in regard to the above captioned matter. I have been advised by Mr. Sealover that you recently sent him a letter postponing his deposition that was originally scheduled for January 26, 2005. In the absence of a Complaint and the somewhat limited information you have provided concerning your client's purported cause of action against my clients a Complaint, I am not inclined to permit my client to be deposed. Thus, please be advised that until such time that we receive a copy of your Complaint, or an Order of Court directing Mr. Sealover to attend the deposition, Mr. Sealover will not agree to participate in a deposition in this matter. Kindly contact me at your earliest convenience to discuss this matter and in particular when you intend to file a Complaint. Please be further advised that I am authorized to accept service on behalf of Gaughen and Mi. Sealover in this matter. Very truly yours, cc: James L. Goldsmith, Esquire J ct-,A? ll anal non Zn? 11?c $t fvz Paige Macdonald-Matthes r( pU bly III 2 North Second Street. 7" Floor ? Harrisburg, PA 17101-1604 • Phone, (717) 257-7500 ? Fax' (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG PHILADELPHIA PRINCETON WASHINGTON WILMINGTON THE HAJJAR I,AW OFFICE 1300 MARKET STREET SUITE 3 - LOWER LEVEL LEMOYNE, PA 17093 (717) 761-4115 Far. (717) 7613446 Albert J. Hagar January 26, 2005 Paige Macdonald-Matthes Saul Ewing 2 N. Second Street - 7th Floor Harrisburg, PA 17101-1604 Re: Suri, et al vs. Dash, et al No. 04-6039; Cumberland County Dear Ms. Macdonald-Matthes: Thank you for your letter of January 21, 2005. Your letter indicates a concern resulting from the scheduling of Mr. Sealover's deposition prior to the filing of a Complaint on behalf of Plaintiffs. A copy of the notice of deposition sent to Mr. Sealover is enclosed. Also, please note that under Pa.R.C.P. No. 4007.1(c), the right to take a deposition of any person prior to the filing of a complaint is recognized provided the notice of deposition sets forth "a brief statement of the nature of the cause of action and the matters to be inquired into." Further, if the deponent is a party, as is the case here, then, under 4007.1(dx1), the notice may include a request for the production of documents and Mr. Sealover's notice did include such a request. There is no requirement that we obtain a Court Order, as you suggested. I will be glad to consider anything you might have to support your position. Otherwise, we would like to reschedule Mr. Sealover's deposition, as well as Mr. Bitting's deposition, for sometime in February. I am waiting to hear from Mr. Goldsmith just when Mr. Bitting, who is presently in Florida, will be back in this area. As soon as I hear from W. Goldsmith, I will contact both of you and try to arrange for a mutually convenient time. c: James L. Goldsmith, Esq. G? G ill HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law NOTICE OF DEPOSITION To: Keith Sealover. Defendant c/o Paige Macdonald-Matthes, Esquire Saul Ewing 2 N. Second Street - 71h Floor Harrisburg, PA 17101-1604 Please take notice that on March 21, 2005, at 1:00 P.M., the deposition by oral examination of Keith Sealover will be taken on behalf of Plaintiffs pursuant to Pa. R. C.P. No. 4007.1. The deposition will be taken at the offices of Albert J. Hahar, attorney for Plaintiffs, at 1300 Market Street, Lemoyne, PA 17043, Suite 3 - Lower Level, before a notary public or another officer authorized by law to administer oaths and shall continue from day to day until completed. Pursuant to Pa. R.C.P. No. 4007. I, Plaintiffs make the following statements: STATEMENT OF THE NATURE OF THE CAUSE OF ACTION: A claim against the sellers of real property located at 9 E. Glenwood Drive, East Pennsboro Township, Cumberland County, Pennsylvania, for failing to disclose material defects and for misrepresenting conditions of the property and a claim against real estate licensees for breach of responsibilities owed to the plaintiffs and relating to the sale of the property. tt Lx 0 v STATEMENT OF THE MATTERS TO BE INQUIRED INTO: The relationships between sellers and licensees and the relationship between buyers and licensees and the relevant facts that were known to, or which should have been known to, the licensees. The deponent, Keith Sealover, is requested to please bring with him to the deposition, for examination and copying, the following items: All documents within the scope of Pa. R.C.P. No. 4003.1 which are related directly or indirectly to any of the matters to be inquired into as stated above and which are in the possession, custody or control of, or available to, the Deponent or to his agents, representatives and/or attorneys. The term "documents" includes, but is not limited to, all documents relating to sewage and/or ground water discharges from the subject property or relating to the use of the apartment and all documents relating to the listing of the property for sale within the last five years or any negotiations relating to the sale or possible sale of the property within the last five years and all documents relating to any proceedings, correspondence or other communication between or among the township, the sellers and/or the agencies and all documents relating to the sale of the property by Umakant Dash and Kalyane Dash to Rama Suri. March 2, 2005 S1AIbu,t r I1rl?k4; V Albert J. Hajjar Attorney for Plaintiffs I.D. No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 2 71 HITESH SURI. RAMA SURI and SATISH SURI. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE 1, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Paige Macdonald-Matthes Saul Ewing 2 N. Second Street - 7`h Floor Harrisburg, PA 17101-1604 James L. Goldsmith, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 April 4, 2005 Albert J. Hajja -> f O ?.n -n - m <in . . U HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: MOTION TO COMPEL MEDIATION ORDER AND NOW, this /Z " day of April, 2005, following conference call with counsel, it is directed that argument be held on the defendants' motion to compel mediation on Friday, June 17, 2005, at 1:30 p.m. The parties shall file memoranda on the issue of mediation not less than three days prior to the time set for the argument. BY THE COURT, / \ t &0 , • t1 z?1cyfu n11 ,? u n7 Albert J. Hajjar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Paige MacDonald-Matthes, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash 310 Connor Circle Sacramento, CA 95835 Arn MTESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUG14EN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. May 13, 2005 for Plaintiffs 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 <? ? 'e °' - ?`i t ?^ Uv !f ' ?. ? . l ? -1 ... l `' HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL ORDER AND NOW, this 2 1 o day of July, 2005, the motion of the defendants to compel mediation is DENIED. Argument on the Gaughen defendants' motion for protective order is herewith set for Thursday, September 8, 2005, at 2:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, V41bert J. Hajjar, Esquire For the Plaintiffs ouglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting VPa ge MacDonald-Matthes, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Q i1 i PI ;Z N N i`qr SCOZ HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: MEMORANDUM AND ORDER Despite the fact that a complaint has not yet been filed in this case, there is already a substantial procedural history. On December 2, 2004, the plaintiffs filed a praecipe for a writ of summons against the captioned defendants. On December 30, 2004, counsel for the plaintiffs noticed the depositions of the two real estate licensee defendants, Hillary Bitting and Keith Sealover. On March 2, 2005, defendant Bitting filed a praecipe requesting that a Rule to File Complaint be issued against plaintiffs. On March 4, 2005, defendant Sealover filed a Motion for Protective Order seeking to bar the aforementioned deposition. A rule to show cause was issued against the plaintiffs who, subsequently, filed a motion to stay proceedings pending disposition of the motion for protective order. Defendant Bitting thereafter filed a motion to compel mediation which was joined in by defendant Sealover. It is the motion to compel mediation which is now before the court. The motion for mediation seeks participation by all parties to this action even though they were not parties to the original real estate purchase agreement which appears to be the subject of this law suit. NO. 04-6039 CIVIL There is a dearth of appellate case law with respect to mediation clauses although there are numerous cases interpreting arbitration clauses. In two recent cases from the Court of Common Pleas of Adams County, Bell v. Land Games, No. 04-IS-898 (C.P. Adams, February 11, 2005), and Molloy v. Martin, No. 04-S-346 (C.P. Adams, February 23, 2005), that court, in granting the defendants' motions to compel mediation, relied upon appellate court decisions that interpreted arbitration clauses, noting the substantial similarities between arbitration and mediation. The court reasoned that the court's role of interpreting the parties' contractual relationships is consistent regardless of the nature of the alternative dispute resolution at issue. Under Pennsylvania law, a party cannot compel arbitration of a disagreement between parties who have not contracted to arbitrate that disagreement. See Cumberland-Perry Area Vocational Technical School Auth, v. Bogar & Bink, 396 A.2d 433 (Pa.Super. 1978). Notwithstanding, a nonparty may fall within the scope of an arbitration clause if that was the intent of the parties. See Smay v. E.R. Stuedner, Inc., 864 A.2d 1266 (Pa.Super. 2004). In the matter sub judice, a complaint has not yet been filed. The court, therefore, has no understanding whatsoever of the alleged relationship between the parties to this litigation. Moreover, the existence of an agreement for alternative dispute resolution is more properly raised by preliminary objection to the complaint. Pa.R.C.P. 1028(6). In summary, we are satisfied that the pending motion to compel mediation is premature. ORDER AND NOW, this 11 V day of July, 2005, the motion of the defendants to compel mediation is DENIED. Argument on the Gaughen defendants' motion for protective order is NO. 04-6039 CIVIL herewith set for Thursday, September 8, 2005, at 2:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Albert J. Hajjar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Paige MacDonald-Matthes, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash 310 Connor Circle Sacramento, CA 95835 Am HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL ORDER AND NOW, this j day of August, 2005, argument on the Motion for Protective Order set for September 8, 2005, is continued to Wednesday, October 12, 2005, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Albert J. Hajjar, Esquire For the Plaintiffs Paige MacDonald-Matthes, Esquire Douglas Marsico, Esquire For the Defendants k&'J)cj'° k' m ° . . Am F, oi•da' S 0 : I I H"I" I - " i'f SOR ,H zO HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. August 10, 2005 y for Plaintiffs 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 1.7043 Tel: (717) 761-4115 Fax: (717) 761-3446 n ? Q < _ cI'? -1lll Ott v. C rn c? Fn c.L 6A rn o c N _., cn w HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: DEFENDANTS' MOTION FOR PROTECTIVE ORDER ORDER AND NOW, this Z V' day of October, 2005, following argument thereon, the motion of the defendants for protective order is DENIED and the plaintiffs are authorized to proceed with their proposed discovery in aid of filing a complaint. In the event that a complaint is not filed within twenty (20) days after the last precomplaint discovery deposition, the defendant(s) may serve a ten-day notice upon the plaintiffs of an intention to seek judgment by default for failure to file a complaint. BY THE COURT, t'?6 , J. Hess- ., i- ? ? ? _ .?I J Albert J. Hajjar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Paige MacDonald-Matthes, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash 310 Connor Circle Sacramento, CA 95835 :rlm HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. November 8, 2005 7 A ert J. aJlar tto ,44or Plaintiffs ID No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 1704? Tel: (717) 761-4115 Fax: (717) 761-3446 h.l u TI non ?_ rnf=- {3 t: - HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. February 3, 2006 Plaintiffs Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 1300 Market Street - Suite 3, Lower Level ?? <? > ? c, o ?'1 ` - - ?-? _.. ? . - rl Y ? G,.7 ? 1 - ? ._? ? `fj ., >„ _? '"?? (?.7 c i> Plaintiff vs. m.-)e4 A! Da-.4 et Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA :NO, O y IZ O3 / :CIVIL ACTION - t-„(KJ NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los 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. USTED 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 FOR 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law COMPLAINT Plaintiffs, Hitesh Suri, Rama Suri and Satish Suri, by their attorney, Albert J. Hajjar, allege as follows: 1. Plaintiff Hitesh Suri is an adult individual residing at 9 East Glenwood Drive; Camp Hill, PA 17011. 2. Plaintiff Rama Suri is an adult individual residing at 725-A Stratford Drive; Philadelphia, PA 19115. 3. Plaintiff Satish Suri is an adult individual who resides with his wife, Plaintiff Rama Suri, at 725-A Stratford Drive; Philadelphia, PA 19115. Satish Suri is a brother of Plaintiff Hitesh Suri. 4. Defendants Umakant Dash and Kalyane Dash are adult individuals, husband and wife, whose last known address is 310 Connor Circle, Sacramento, CA 95835. Umakant Dash is sometimes referred to hereinafter as "Umakant;" Kalyane Dash is sometimes referred to hereinafter as "Kalyane;" and, collectively, Umakant and Kalyane are sometimes referred to hereinafter as the "Dashes." 5. Defendant CM Detweiler, Inc., is a Pennsylvania corporation that sometimes does business as Howard Hanna Detweiler Realty. This Defendant has an office at 3310 Market Street; Camp Hill, PA 17011 and is sometimes referred to hereinafter as "Hanna." Hanna is a licensed real estate broker. 6. Defendant Hillary Bitting ("Bitting") is an adult individual residing at 6412 Glenwood Street; Mechanicsburg, PA 17050. Bitting is a licensed real estate salesman, working for Hanna. 7. Defendant Jack Gaughen, Inc., is a Pennsylvania corporation that sometimes does business as Jack Gaughen Realtor ERA. This Defendant has an office at 3915 Market Street; Camp Hill, PA 17011 and is sometimes referred to hereinafter as "Gaughen." Gaughen is a licensed real estate broker. 8. Defendant Keith Sealover ("Sealover") is an adult individual residing at 2016 Mountain Pine Drive; Mechanicsburg, PA 17050. Sealover is a licensed real estate salesman, working for Gaughen. 9. In or about June, 2002, Plaintiffs engaged Bitting and Hanna as their agents to help them locate and purchase a home. A copy of the agency agreement is marked Exhibit "A," attached hereto and incorporated herein. 10. At the time Bitting was engaged as Plaintiffs' agent, he represented that his and Hanna's fees would probably be covered by the Seller in any transaction but an additional $125.00 would be charged to the Buyers because of work assigned to the Buyers' agents in connection with certain disclosures to be made by the Sellers. A copy of a statement titled Howard Hanna Detweiler Realty Buyer Fee Disclosure ("Disclosure Statement Charge"), given by Bitting to Plaintiffs and covering this advice and representation, is marked Exhibit "B," attached hereto and incorporated herein. 11. Bitting was advised by Plaintiffs that any home they decided to purchase was intended for the use of Plaintiff Hitesh Suri and his nephew but, for financing reasons, it probably would be purchased by Plaintiff Satish Suri and/or Plaintiff Rama Suri. 12. Among the homes shown to Plaintiffs by Bitting was a property at 9 East Glenwood Drive in East Pennsboro Township, Cumberland County, Pennsylvania (the "Property"), which Property was purportedly owned by Umakant. The Property consisted of a single family home (the "Home") plus a two bedroom apartment (the "Apartment"). The Home and Apartment were in separate buildings, with an enclosed walkway in between. A floor plan showing the layout of the Home and Apartment is marked Exhibit "C," attached hereto and incorporated herein. Page 2 13. When Bitting first introduced the Property to Plaintiffs, he pointed out that in addition to the Home being available for Hitesh and his nephew, the Apartment would be a source of rental income. 14. As evidence that Plaintiffs would be able to get rental income from the Property, Bitting showed Plaintiffs a document ("Property Description") describing the Property. A copy of the Property Description is marked Exhibit "D," attached hereto and incorporated herein. 15. At one point prior to purchasing the Property, Hitesh asked Bitting if the Seller had provided any statement disclosing the condition of the Property; Bitting responded that he would check and he later told Hitesh that there was no such statement at that time. 16. After a period of negotiations, during which none of the Plaintiffs met either of the Dashes, Satish and Rama entered into an agreement (the "Agreement") for the purchase of the Property from Umakant. A copy of the Agreement, which called for a closing on October 15, 2002, is marked Exhibit "E," attached hereto and incorporated herein. 17. Prior to closing, it was determined that Kalyane was an owner and that her signature was needed on documents and the Deed and this resulted in the closing to be postponed a couple of times and finally held on or about December 2, 2002. Neither of the Dashes was present at the closing, by which time it had been determined that Rama alone would be the Buyer. A copy of the final closing statement is marked Exhibit "F," attached hereto and incorporated herein. 18. Only at the settlement were Plaintiffs given a copy of a Seller's Property Disclosure Statement ("Disclosure Statement") and, even then, no one called it or its contents to Plaintiffs' attention. A copy of the Disclosure Statement given to Plaintiffs is marked Exhibit "G," attached hereto and incorporated herein. 19. Although the Disclosure Statement appears to have the signatures of Umakant and Kalyane, only one question in the form was answered. That question was No. 2(a) which asked: "Do you, Seller, currently occupy this property?" The block for "No" was checked with a reference to a "Note Below," where the following statement was written: Sellers have never resided in subject property & make no claim regarding condition or history or functionability of any or all of said property. Page 3 20. Some time after the closing, Plaintiffs learned that there was a water runoff problem ("Water Runoff Problem") resulting in water from the Property running onto adjacent properties. This problem had been known to the Dashes but never disclosed to the Plaintiffs. 21. The Dashes should have disclosed the Water Runoff Problem on the Disclosure Statement. 22. The cost of properly correcting the Water Runoff Problem is in excess of $6,800.00. 23. Some time after the closing, Plaintiffs first learned that the Apartment was illegally built, that it could not be used as a rental property under Township ordinances and that this problem ("Apartment Zoning Problem") was known to the Dashes and the Township. 24. The Dashes should have disclosed the Apartment Zoning Problem on the Disclosure Statement. 25. Because the Apartment cannot be rented, Plaintiffs have to maintain it. The cost of maintaining the Apartment plus the loss of income that Plaintiffs expected when they contracted for the purchase of the Property results in a net loss to Plaintiffs of $55,000.00. 26. Some time after the closing, Plaintiffs first learned that there was a problem with the location of the heating system and that this problem ("Heating System Problem") was known to the Dashes. 27. The Dashes should have disclosed the Heating System Problem on the Disclosure Statement. 28. The cost of correcting the Heating System Problem is in excess of $3,000.00. COUNTI HITESH SURI, RAMA SURI AND SATISH SURI VS. UMAKANT DASH AND KALYANE DASH 29. Paragraphs 1 through 28 are incorporated herein by reference. 30. The actions of the Dashes in failing to disclose the problems set forth in Paragraphs 20 through 28 were intentional, fraudulent, willful and malicious. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants Umakant Dash and Kalyane Dash, jointly and severally, in an Page 4 amount in excess of $64,800.00 to compensate Plaintiffs for damages directly resulting from the intentional, fraudulent, willful and malicious actions of said Defendants and an additional amount in excess of $50,000.00 as punitive damages. COUNT II HITESH SURI, RAMA SURI AND SATISH SURI VS. JACK GAUGHEN, INC. AND KEITH SEALOVER 31. Paragraphs 1 through 28 are incorporated herein by reference. 32. Although they were acting as agents for the Dashes, Sealover and Gaughen also have various duties to Plaintiffs under the Real Estate Licensing and Registration Act. 33. Sealover and/or Gaughen and/or Gaughen's representatives directed or requested the Dashes to prepare the Disclosure Statement. 34. Sealover and/or Gaughen and/or Gaughen's representatives knew or should have known about the Water Runoff Problem. 35. Sealover and/or Gaughen and/or Gaughen's representatives knew or should have known about the Apartment Zoning Problem. 36. Sealover and/or Gaughen and/or Gaughen's representatives knew or should have known about the Heating System Problem. 37. Sealover and/or Gaughen and/or Gaughen's representatives failed to cause the Dashes to disclose the problems set forth in Paragraphs 21 through 28 in the Disclosure Statement or otherwise to disclose these problems to the Plaintiffs. 38. Sealover and/or Gaughen and/or Gaughen's representatives prepared, or caused to be prepared, the Property Description which advertised the Property as a house with an apartment, at least implying that the Apartment could be a source of rental income. 39. The Property Description was misleading and a breach of Sealover's and Gaughen's duties to Plaintiffs. 40. Gaughen, as the principal of Sealover and other real estate licensees working for Gaughen, is responsible for the actions of Sealover and these licensees and, at all times relevant hereto, the actions of Sealover and other Gaughen licensees involved in work relating to the Property, were known to, or should have been known to, Gaughen. Page 5 41. The actions of Sealover and Gaughen in failing to discharge their duties to Plaintiffs were grossly negligent and willful. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants Keith Sealover and Jack Gaughen, Inc., jointly and severally, in an amount in excess of $68,400.00 to compensate Plaintiffs for damages directly resulting from the grossly negligent and willful actions of said Defendants and an additional amount in excess of $50,000.00 as punitive damages. COUNT III HITESH Sum, RAMA SURI AND SATISH SURI VS. HILLARY BITTING AND C.M. DETWILER, INC. 42. Paragraphs 1 through 41 are incorporated herein by reference. 43. Bitting and Hanna have various duties to Plaintiffs under the Real Estate Licensing and Registration Act, the agency agreement (Exhibit "A"), the Disclosure Statement Charge (Exhibit "B") and pursuant to general agency law. 44. Bitting did not examine the Disclosure Statement or review it. 45. Bitting knew or should have known that the Disclosure Statement was grossly incomplete. 46. Bitting should have returned the Disclosure Statement to Sealover or to Gaughen or to another representative of Gaughen for proper completion. 47. Bitting failed to give Plaintiffs proper advice, such as: a. alerting them to obtain an attorney; b. alerting them to questions about the validity of the apartment in a residential neighborhood; c. alerting them to the grossly incomplete Disclosure Statement; and d. failing to raise the issue of the grossly incomplete Disclosure Statement with Gaughen or Gaughen's representatives. 48. Hanna, as the principal of Bitting, is responsible for the actions of Bitting and at all times relevant hereto, the actions of Bitting were known to, or should have been known to, Hanna. Page 6 49. The actions of Bitting were grossly negligent and willful. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants Hillary Bitting and C M Detweiler, Inc., jointly and severally, in an amount in excess of $68,400.00 to compensate Plaintiffs for damages directly resulting from the fraudulent and willful actions of said Defendants and an additional amount in excess of $50,000.00 as punitive damages. Attrn for Plaintiffs ID No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 7 VERIFICATION I, HITESH SURI, do hereby certify that I am one of the plaintiffs in this matter, that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that this verification is subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. Hitesh Suri HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUG14EN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE 1, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Paige Macdonald-Matthes Saul Ewing 2 N. Second Street - 7a' Floor Harrisburg, PA 17101-1604 James L. Goldsmith, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 February 21, 2006 00/06/2002 10:44 FAX 717 7611495 JGR-ERA wi 0UJ BUSINESS RELATIONSHIP BR BETWEEN BROKER AND BUYER 'nd, [ono nebmmanaM rod ppmv'e for bn vin ox byl tqpiamb ores nry1vW4A4wmulworRfi4L'fORS-(tMR): 1 BROKER (Come reap) a / 19r1 z , LICENSEE(S). ? l M ... ... , ... , . z 3 Buyer has read and reccii the Consumer oticI a as adopted Iry. the State Real Estate Commission at 49 Pa. Code 4M336 a 4 and the Notices to Buyers in-this agreement Pe onsyfvania law requires that this business relationship between Broker and - 4 5° Buyer be in writing and signed by Buyer. .. _ s a NMe: The rrrnn'3uyer,"^reaer,"and"brry°ahe lvlDbr eorunradb mnn ^umn5"'7arrd(oN,"and'4en7,°rerpectiwb, fhrousbaat'rhtt aSreement - s 7 BUSINESS RELATIONSHIP AS D_ESCRiBED IN THE.COIVSUMER NOTICE 7 s Doss Buyer have a business relationship with another broker? ? Yes )eNo - a o Broker and Buyer agree to the following business relationship as allowed by Broker's Company policy: s 10 ? SELLERAGENT(fe(properties listed with Broker)/SUBAGENT FOR SELLER (for properties listed with othercompsines); 1s ii ? -TRANSACTION LICENSEE (for properties note listed'w'ith:Bfdker,'bowewer, if property is listed under an agency: - 11 ii ' c contract with Broke, Broker isa War's Agent).. ' -... :'. _ - 12 12 'XBUYER AGENT (forponirtics-listed:with Brokcr and;orber companies, "aud:for properties not listed-with' my broker): : 13 14 Broker will be Buyer's Agent under the terms agreed to in the Buyer Agency. Contract below. 14 16 ' EXCLUSIVE BUYER AGENCY CONTRACT -. - is rl 1._. TERM :. ._ .. .. ... .. _. 17 16 This Contract applies to any property that.Buyer chooses to buy daring the term of4bis Contract. Buyer will not 18 - is enter into a Buyer Agency Contract with another brokerlticensee that begins before the Ending Date of this Contract. is 20 Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: 29 21 21 22 -' EndingDatei This Contract ends.:.: 22 23 (A) - If Buyer is negotiating or has ehteted,ibto an'Agreemmt of Sale., this Contract ends upon settlement - - - 23. 24 (B) If Buyer is negotiating or has signed a lease; this Coutrace,euda upon possession. 2' ` 25 ,.. . 2.'BROKER'5FEE.: .' '.:.. -'... :;• . ..... .. :: . :.: :: .r :, .:.. .:- ... _ ? zs -26 (A) It is Broker's policy to accept compensation offered by the listing broker and/or the seller. Broker my be paid a Fee 76 zr theirs x percentage of the purchase price (oz in the ease of a lease, a percentage of die total amount of rent dne.ovet: . v as - the term of the lease), Evea-thoagh,Brcke_r's-Fee my -be paid,by, a seller or listing broker', Broker will continue to - ... ,. 25 29. represent the interests of Buyer.. - . . _ 29 (B) If the amount received inpazagraph 2(A) is less than le sec attached 140 Fee 11lilo care 31 nr.incIude it as a.term a. the Agreement of Sale for the seller to pay.. then Buyer will pay Broker.the difference, 31 32 , (C) 1. Brokers Fee Is earned if Buyer,,ntem-iato a We or Jesse agreement during "the term of this Contract,. :. 32 33 whether brought about by Broker, Broker's agents or by any oilier person, including Buyer. 33 34 - 1 If Buyer emus into a saleAeaaa agreement for a property after the Ending Date of this Contrect.:liuyecwill pay-. ' ' .: a4 35. 5.. __.. .! Broker's Fee; .:..-., .:...... :.....:..-. . ..: :::. :.'.: '.: ;-35 36 •' • - "(a) if the.salMcase N a result of Broker's actions'during the term of this Coatract,.OR -- 36 37 (b) if the property Was seen routing the term of this Contract AND:':'. ' .. . ,.. . n 38 (c) Buyer is not under an exclusive buyer agency counsel With another broker.at the t1me?Buyee enters into a 38 39 sale/lease agreement. ': .. - .:... :. :.: '. ..- 4- 39 40 3. DUAL AGENCY 40 41 Buyer agrees that Broker may also represent the seller of the property that Buyer might buy. The Broker-is a DUAL.. .. 41. 42;. ;: ..AQENT.wLenrepresenting.buth rhesellamdthe.buyeriathe.34c.of.apmpcrty,. ". -42 4s: 4. rD IGNATED AGENCY .. 43 ad. :. Not Applicablo, ......: ..:.. ,, .. ,:_.. r.... .. _ _. . ,.. 44 45. ? Applicable. Broker may deeignaro licensees to represent the separate interests of Buyer and the seller. Licensee - - 0 45.. .(idcmi5cdabove)rs.4e DesignatcdAgcu,:who wallset exclusrvely - As thbBUYerAgent,. If.Lreenseeis also the Seger .. -40 41 --.Agent,. then LicensemisADUALAGENT... : . . . : .17 46 _ .5. TRANSFER OFTHIS,CONTRACT. .. , .. . .. . 49 49 Buyer agrees that Broker may transfer this Contract to another broker. Broker wiTnotify'Buyer immediately in writing if 49 50 Broker transfers thif Coutrackb ahotherbroloir- ' Z 5n 51 :6 Ol'HER:' ? y y IBR '-51 52 y y } 52 53 59 .,. .. :..... .. ...- :. .. .. a 54 IJ -23- as , ENTIRE AGREEMIZ1VT ss Phis is the mtrm.agineiirint between Broker and Bayer. Anyverbat. or written agreements that were made -Before an not sb. 57 u pact of tlrisagreement,:Any changes-tin additions to this agreerueut'uwt be u wrlthrg and signed by Broker and Buyer. ' 51 se NOTICE BEFORE SIGNING: IF BUYER' HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT AN ATTORNEY. . 5B 59 BUYER IC_?r, Sl??-4 DATE On? ss s0 Name (print) 5 ; 5 SV I-, sa J- 51 Mailing Address 'J', 75-8 G' PS p / 2 54 B5L , a v D . n 19 / 3 B1 B2 Phone #s1,21$- 61L/ 19 0 1 I M# B-Mail 52 Bs BUYER 1%,r,,.?4S bt?y DATE O.T?O ??A ` s3 ?- sd I?1ame put) Q 2,'37 d S? T % 64 55 Mailing Address r 65 SB ph.. #3 F # Fr ail 15 07 BROKER (Company Nan <) " sr 49 ACCEPTED 131Y .-I Ad9f DATT3 tf S--0 Zj fig 69 _ Mailing Address. y - o t-S a/1 A- 17 0 1/ Bs 70 phone #G 761-1410 FAX 0. 76/-,t-308 8Mai1 -- '"- 'a ra P na oho Aweechrtion of . COPYRInaT PafiNSYIN,UViA A95nCIA1]nN nF RRA1.7'paam 1999 yt n n H JJ01 ?? 11 ?I 00/00/2002 10:45 FAX 717 7011405 JCR-ERA Zoos HOWARD HANNA DETWEILER REALTYO BUYER FEE DISCLOSURE We think it is important that you know... While most real estate brokerages charge "conveyancing" or other fees that are lost among the many numbers that appear on the settlement sheet first seen at closing, we at Howard Hanna Detweiler Realty believe that your understanding of how we earn our fees is important enough robe fully disclosed to you upfront If you have any question about the fee policy, disclosed below, do not hesitate to ask your Howard Hamra Detweiler Realty sales associate. I. We charge a "commission" that is a percentage of the purchase price. If the property is listed with another company, or our own, we will accept as our fall commission the amount that the seller has authorised the Bating broker to pay us. You will Pay no Commission. 2. In the unlikely event that the property is not listed but offered"for sale by owner," (FSBO), or is listed with a company that is not an MLS member and does not compensate selling brokers, we will charge you a percentage of the sale price. We can determine, before you enter a property, whether the listing broker or seller has offered a commission, so you will always know if there is any possibility of your paying a fee before you see that property. Even if the property is FSBO, we are usually successful in negotiating a provision that the seller will pay our fees so that you do not have to. Again, this is something you will know before committing to purchase a property. Over ninety-nine percent of all sales involve the payment of our commission by a listing broker so the chance of your paying a percentage fee is remote. 3. The recent passage of laws in the Commonwealth of Pennsylvania has made the residential real estate transaction far more complex. This legislation has lead to greater disclosure of property conditions as well as increased testing and property assessments. These laws greatly protect buyers though they come at a cost that involves a great expenditure of time and dollars on the part of your sales associate and his(her brokerage. Rather than cbargc you with a percentage fee at settlement, we charge a onetime, flat rate, of $125 that is paid only if you purchase a property. That fee Is placed on s the settlement sheet and may be fnamcd as part of the purchase with your lender's approval We believe that an informed buyer is a good buyer! We know that the fees we charge are competitive end in ` many cases lower than those that you would pay elsewhere. The Howard Hamra Detweiler Realty difference is that we recognize your right to know all charges at the earliest opportunity. &a?/ o8?b6?c?2 Initials & Date s j, 1 L -c: M , i Wolfe & Shearer Realtors file No, 02.264 SUHI Hama H. 9 East Glenwood Dlive property Add[jag C' Cnm Hill C , CUmlotllland PA 1711 LoDJer Countrywide Home Loens/LanJsuln Appraisal Services BUILDING SKETCH N 45' -?? 18' -- 15' -?? 1 BR vinyl sdng N V BR vinyl ni vinyl dng conc patio 77U CU bsmt C KIT El KIT cl BR cl >^ A cl 0 cl N N 3 V LR d r cl -° BR LR d BR cl vinyl sdng - bric 45x27=1215 1 53 x 15 = 795 macadam driveway GROSS LIVING AREA = 2,010 sq. ft. conc sdwlks 6 curbs EAST GLENWOOD DRIVE Ponn Wo MCS. • Oiri.lon of PCI D?r?lepm.n, IBM OD] ]]es r I, Single Family BOOK Format Status ACT Sub-Type SF City CAMP HILL LP$ 104700 SO: CLD: FIN: MT: 130 SP$ ------------------ ------------ - ----------- ------ ---------------+ 9 E GLENWOOD DR Area 006 MLS # 10076860 Mun EAST PENNSBORO Dev GLENWOOD PARK Sch E PE Dir RT 15 TO ERFORD RD, R/E. DULLES, L/E. GLENWOOD TotSgFt 2128 Source APPROXI* No Stories: 1.0 LotSZ 80X110 Acr 0.21 Lot SgFt StyleRANCH ExtBRICK,VINYL ConstFRAME YrBlt+/- 0000 Bsmt FULL Prk OFF STREET #Firepl 00 ----------------------------------------------------------- #Br 5 #Bth:F 3 H 0 #Rms 8 Tax 1850 Yr 2001 Fee Lvl-Bth:F M H +--------- - --- - --- - -------------+ Lvl Apx.Sz Lvl Apx.Sz Apl RANGE LR M MBR M OthRm IN-LAW DR BR1 M Heat BASEBOARDS,ELECTRIC,GAS FR BR2 M Cool WINDOW UNIT(S) War DEN BR3 M IntF KIT M BR4 M WtSw PUBLIC SEWER,PUBLIC WATER +---------- - ------' --------+ EAST PENN RANCH WITH ATTACHED APARTMENT IN NICE LOCATION. MAIN HOUSE HAS LARGE COUNTRY KITCHEN, LIVING ROOM W/WOOD FLOOR & CEILING FAN. THREE BEDROOMS W/WOOD FLOORS, FULL BASEMENT HAS ROUGHED-IN BATH. ATTACHED EFFICIENCY APARTMENT FEATURES TWO BEDROOMS, KITCHEN, LIVING ROOM, FULL BATH. HOUSE & APARTMENT RENTED FOR $1045/MONTH. ____ ___________________ + Sh CALL LIST* Ash CALL LIST* LBx NONE LO GAUG1 717-761-4800 SAC 3.5 BAC 3.5 OAC 3.5 TLC 0 LT ERS LA SEALOVER, KEITH 717-732-6667 LA OW DASH LA voicemail 612-5155 email keith.sealoverOjgr.com +-------------- - ---------- ------------ ------ - -----+ Preoared bv: Hillarv Bitting, CSP, a-PRO, SRES on July 13, 2002 \1? 7 FILE No.917 09104 '02 10=49 1D: FAX' 1 RRGE 09/03/2002.12:25 FA1 717 7611495 JCR-ERA -' ?00Y 1I- STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ]Tie ram weave.ae,d.,e.ypw..efa,en a:,galwee m we by 6, .4a.4 be Mae56veeknwaeidm MRgaLIORSa a,,E, PA LICENSED 1818 6 LLSTDV- BROILER(C"npaoy) a TaG ADDRESS PR s FAX DESIGNATED AGENT FOR SE( I ER (if applicable) 2/ 14 A/S-2K GRROJIM- (CegrAany) ADDRESS 404 10 _( s o PR 'I to FAR 76/-S'J9? DESIGNATED AGENT FOR BIfYEE (Iappliable) I L rbIS lore; rent, dated -//3/b f __ _.,IeaMweea e SPAS.gRfSp - 1J vvs 4 F{FZa+ T/ .?? p s h 3 a tow -S~ and ' S e Bih Ht(3)r 6 diMp - V r i -- a 1 t9lkd Oefa." a , 2' PROPERTY (1-99) Sher bMby simm In NO and covey to Buyer, who hereby agrees to purclum e: o ALL ITT CERTAIN Ip6 or plan of a with pedldmp and hoprovmew tba?n ?ta1, if any, Yawn u: 19 `? .F Gle,%wOAd .Drl V2. Co ,,I ky;?1 11 in the -OS.?lyc(rjy,? of ems. .en ins or-b u Corny or u M15 4, 6 In the Cosue-06"n orpeo"ylvanim, zip Cade 170 ll it identification (kg, Tax DNp NMI It' 3.o Black; Dead Booty Page, Rotor Dui to e3q-- - [ D - 3, fi Ut - is 3. TERM (1-0) u 19 (A) purchase Price 17 pD lire is whicb will b paid m Seller by Buyer as follows it (B) Cash mchedea[signing dusAgsecmens 20 (C) Cash. cheek wimlo_deys oidnareoum DfthisAgwemet¢ _ S r (D) 5 n M Ceeh, *i.."& Vii eerEfied check V done p sadcmmt $ / n TOTAL, 2. (F) Deposits paid on acceant of puttlusa pria to be held by Listing Broker, adds udsawisa staffil here u m (G) Scar. wd= approval to be co or befosr, l e1 (1S) Seinina os to be made on m' befine: Ov~ r n e deed o ire Eased hms m Conveyance Jim Seger will be by fee a 35 (B Peymni of Rmufer motes will be divided egUab hasveen Boyer and Seller wlms i mrneise mused km ai A (In At 60e ofseedaemd, the fod wiag will be.djoaled pr rime Do a daily beau bowmen Rolm and Seiler. b'nm'G whom applicable: mss; m seo.:(neaaR m mengxge awwnptiamtconil imium fee, and homb smociauen fees, if any; watirealm sceerI=. ifaoy. mgether ya vrith eny otherfivuble moNdpd ewA.. The chugm am m bcpsvmn:d for she P86040) turned: Seller will pay up to and Wending me 3e '' date of sou esetec Buyer will pit' for w days following mrdesneae usdc s ommarme mated hire: u yy 1 FIXTURES At PERSONAL PROPERTY (1-W) Is (A) INCLUDED in this sale and purchase price am all existing item[ posmammiy installed r. rye PmpcM, fine of lie", including pbmLsng; ag heating; lighting fimsms (including chaedebus and wdrhg farm); came tteument systems; poet ad 6ps egutpe a is pngo door openers as told kananosas: television an catime shrubbay. plantings W unposed trees my remaining beating and cooking Bum mixed on the a Piopary, mdm rites of setdemenq wall to will eamedag: Window cov hmdwase,aades,blinds: buH4in air coedidoae;boil[-inagp4- r ti 63 users ad the vile °otherwise cored,(, yo oiled: N as n C ? Q COSI Apr !-e P?i'G +4 ].}g5 so ei ?,bm Pouf )re rp?6q ,, w _ (B) LEASED ittau (memo am ewt d by Sella); 6 I , m , as P (C) EXCLUDED Datutee and items: , ar as 5. SS!ECUt. CLAl1SES(1-00) , ,a (A) IN Boyer add Sella be" recdved the Consumm Neb. a adopted by me Stare Reel Esmm Cemm4eiee m 49 pe, Code 035.366. - t 50 (B) K BqV and Sella have teedved a statement of mete sspemdve emdmatcdclosing cows be(me signing this Agmmbt. , ST (C) OBayarhu recciwed the Sclhr's Property Disclosure Smmmmbefm, signing tlumAgm wend, iftEq-td by Low. (SeeNotim, fafosasadoo . 52 Regarding the S6uer's property Disdomete Ace) , W (D) 'Boyer his oeeeivvd the Oepwis Moocy Notic, (for cooperee,e sales when tudng Baker is muting deposit money) hsdt.c aigniog ;hfa . sot as-coma: , a is (E) Theftlhw'iag. part at*.Ageeme"id chdmd: , Ed 0 sak.st Seadamm[mOSha ProPeny ?Sculcmau of Qbr Property Cmmngboy Addepdmn OAR Faros 133) s 57 CDntingenry Adda d m WAR Fmm M) ? Te"mAewp:M Psopcny Addmd;m (PAR gems TOO 5 se ? 5N0 d• Sealemses of obey F"Pcm CDmngaey ? 5 59 with Right m Continue Mmkenng Addadm ? 5 in (PAR From 131) ? e n e er n e ? BB A/S]C Pap Yafd 6a0er ukiWn Buys lnlsam:--( PanummidwisaW E? Aaabdfa9les at edip"TfMr paireSm4ma a 53' ros OFPGUIOa4a rest 11? REAJ QS- :,w FILE No.917 09/04 '02 1049 ID? FAX: PAGE 3i 14 09/07/2002 12:26 M 717 7611455 SGR-ERA 10001 61 A MOIXMAGBCONTINGRNCY(1.013) 67 'w WAIVED. Ila We is NOT maddgen ea o eaSW fauci¢g. se 69 aECTED 66 16 (A) 114 We iL M¢bape, Vol, Bayer obwbW9 mw,[l?n amridus Y faltoW i6 n 1. Amauoafmarpplems ??,1M n n L wimegege Tam ?.O n 3. IYPe otaewtyl6s cnNV E`i?LT 19?L. n 74 4. image ale 6 .25 96: bauew¢Boya, apve to awepa III imagist rNa ere pry be eaemitpd by Ow mwtpga leader rm m 74 ,1 ^ eKtad a p9Yhaer¢ imereA n2 of y. C4. ,g 76 5. Dvmaor ponta. lead m(gfoada, agog, phanung am other fee chwoml by rage Iadw a a paraaage of am ampse ban (excluding 75 n 'eY gameape ipmaaace Pmaliems w VA ftuo"s ago) as 6n exceed iL ,* of dt, ompge lure n 71 The aeutit ere and to pdvidals lagaired by Bayer oa sa¢a6ed it a mWSW fader makes toil" to Bayer the a& m guonarm s w is 79 im ago al IT below the Maim,m Inaere< Rs2e.yed&0 bwam Mth to penxange fen a u below dm.eaves gp.e¢iul iced.. B,yy 79 sn gtvn SgUa g,w ASK a Seller's sole ogee/- W a Pamimd by gag hoaog imd9,dm mad *OigeW hest m eamdmm tmaei.BY. wilbout m n pabNaa of.6.Mdemace, m rte Buyer eMAr tondos m nuke dw above terra wa l;lb m Byea 61 p Ca) wddp 10 day, of age ZC460a of d"Agteemeat. BUM WAmase. oamplclat,wdaa motyslle appgndee m. aspmaTle dmsw lent- p a mg imdmdm. The Sieitag Broker. If 2M vMwahe eke Lead" Btaks,, h.adWised Y eooeogai" wkg u,e lade, err the purpoex, p Y aeadaing le Sh, mmV.Se We, proeea u IS (C) 1. Up= me" m a mmsgage cammi¢nom. B? oaWnr SeRut Burka wll prwnpdy de4va a copy of the amrdinueef lgLmg Bmkc, o Be if pry, whrgwia to Smaa Y D 1 Mortgage carnrdmrnn due , if 6 ¢imen o9m aegion Is oat medud by 61 Y Us"; Bmkm ifay. atlmwla by Sera, by lee abovedgu, llen send Seller apes m eaad the mmmbent date vane gab w4'- a it mmam tads ACgemeaget in Telling, AD 1 Seater ba rip aplim m mavmm ma Alpemew ie wtiriag, m a E. raga m.Zw ewovai,eeal Nm, it.Ore.0"Sw me mi¢aenk 59 91 ¢ BpY valid aedl da0614 of 3eNemmr OR 91 p b. h Cm®dOMd upm tlk a1M add eaakaard of ady aWa' pmpmay, OR ez p e 4. m dae eve S Cvwbhr g SaYeller wh doca a rtes t daami am ms hisAe Apugmes,upn Apameea 01 w nam this au Y provided above. Buyer has dm opda m amloero leisApmmm[ b wridvg U 04 m m. mortgage mmmfonerrc 9s a a, BdotobWmdbymvalfdandthedata ofwmft tOR as U b. I?s"doled pm the W, and stakgneet of my dues prapmy which do rmr meager by the dm of amen m OR e7 r taaupm mY odaa wWitlm let apaiBW fa,birApeeaudt wldds Hoyerh aahk m sadsTY M dab eon m aememmt a as 09 5. IN be M ma" W 0 Bagn Buyer a, Buy. win a be epw rmpiBmedab le P fa n, P?=erelo, p (C):•'-• ('2) f,m rn m rd(4radc, m 7kdepu osit WmmmfYsea mpodd/ordrldeaaauaae mb, m of tee pwebrse for niwp)aa0kootbn e9 sB, a 16s lm agerm, R urn AND/OR mY plmdumY Tm Bond hug,e6dce mNa Ste insvava Yem walled rove,yq imwaam binSet ehygaa a a1 IN camped" fee, if wy1 AMIOR goy wpmisa teee end durpa p4W. edrunec m mortgage aguaer 16t 103 (D) Yale MoaN,gakudm lmuhc apeva m lba Properly. Buyer w7B,apm mClbpt dehva. aapyofthe mortgage leader's mqufrematem L GW% us lw Broior, if any, c gmnulse to Sdkr. Sella wilt w ddu 5 danof tea(pt of des 4adn.3 mquaumma. muty Sayer whemv 5e@r WB make fm lm log required acpaim a Sd1Q'. expeaae is to I. If Wo,,hann to aWm ropim, Buyer wia agcept dm Psupmly sodapee m du RE.BASE het I.* inpuWgh 23 of UsAaxe A lei in 2. 1 Er Seller c1tomIs let m maker der urge/ .. , -1141, Royce wU widdn 5 Nye, oamy Seller id waidlg of Buyer's choice m reuagagae prier 107 IN Ag oanat OR gWw tie mq,drrd rcpaaa a B,Oer, oywae and vim Se W'a Pemrieeia, whidi will let be mumapmbll' wuhhdd If lee IY Seller a.. Buys txmia)oo to nuke rage "wged rr,pgisa, Bayer may, wldah 5 Nyt of S.ua'4 iimiaL mram.n Ila, Apeamat H In na Buyer eauhuns gees Ag,cmenr, aU Npuit mm" paid oe ecco ua of puah.se prim wjU be Seamed pmmpdy m Boyar dad dos tee 111 Ap9ymm wM be VOW. 1,I 112 BHhrAnia 113 ns ? NOTApnxABLB na 11 S kr , APPLICABILL San w11 P9y: 114 n6 7• p?-•one;wua, towad.Buyay urea 6s p-owed by me-&W iahr. 6 'n6 117 m ENMPAIPAPPLICA117E n6 it it .peed dw wro tsaMlog ay other ptaveslm9 of due caa¢9cc Buyer wN M Ila obagpad m mmplem rift Paabna of the ni n9 Pmver1Y hsrtiu m m inaut mY PwilH by fotfdpm of eemaut money Npmks a odaetwiee Wa. B¢yn Oat been gam, in erect rte ter dada wbh VA mgidmmamge, a wrila¢ so== by the P.dersl Hoskins C Ad AMNIs6on, a a Meet 120 161 Bodotacama Lades do apPaMtd vetch of der nopetgy of des (sage Sella ammm 16 be 121 in hucnN is age seas like a aped Agtamrntl. Buyer wed ptivBcge Sod optim of ng eummadm of She cost. 123 in iau svuhwu grand ve dm p110Wt of dre ep v e appai62d valWdon h strived a mn®,la amgage der In 724 IMpumlrm pfHandg,g and lllbin Devtl dw na watpu dae veal PzapmC. Buys ehadd IN to aadsfy :=1017 ddad madidon of ter able r to I.llepammuTHwimgaM iopmma ^tMaev¢r tw thepwpae of ... also, 'a, in EP? IV Iniugid saY ea famildepemaear... meltm,paaet, mamyub0ah saeig,<a knowing rile rpm mho faire... shai(be 1n O1 Awd opt am 55,000 a ignoiaged not agave lhw two yeas, a bet" IL In (G)- efHaudaag add Udw Dertiapaat BUD) NOTT(E TO PURCHASERS; 1e9 170 Btl 5AdMaw e6gweat ILi let 8uyerhu aerlved,m tB7D Nmq"PaYam RVecdpn:Ga,.Hrmelmpeedm^(see NOdpu mdintammm mF'mpetp?COmwm m Oz Lupecdom). evyer,s,deannN am imPawnm legating a ig,Orgtwdsmbome mspemori oed ba dwughr about thh below dgd¢g,hl. 133 in 133 IM pgwpaa, _ 1N 1M Bliytr.7tl'ai-a. Dam IN 196 (lB CfftdW daa We rib undamg,, 4 Sego(s) sad Buyea(s) party a d1b mme ecddd each cowy 1M( dr emu of this epdbyctfwpmchae M 155 136 we to me berm ealmowledge MW begef, and daszmy mid ayeancatrnrned auto by any ofdv pwdac iaooaccdaowim this¢ama• 136 III uon is an:--aged m:us AtY1P0'Yy. err 116 1. Lmrsc fowl- g) 1L In (Al $e0abaabl aglvnmpamcisvPesdwu by amfietSyM wYTShae. apotiblc crdfoa, ivpaer'a mpwaxggi rsurveYOU, --kkw et7d.ls Us ,Y =dim Bayer a awy be tau(age by dam I.Wmg--irge as, if my. or iw,% apn'.m.&-B fadam aalm w periled any odarr fNNON es In 161 regWmd by apaavidm for in lager teaus of thin Agrtarat gel W (D) Beim,emvw rho aigbt m snake s pmacgNmem Wil)k-dumgh inspeeaolyof me wopesry. ?Buyer', 4& to make dais ios?wUm, h rtes "w4 142 IQ by my odiap¢vWm ofdah Ages UM.1% 7/jif /NNS? bC. rfOSw sygr 9/!5/d z' ,46 lY (L7 Seger 1vlil agave bndrlg sod W ududn (iadtWiogfal(s)7 -Yoe Su 4upxdane. (/ 141 in 146 In IY IV 147 141 14 149 149 SO u0 in to in in / 157 156 Buyer IeBlolr? ^ APS-E2f PW24fs geBm7dift, l' FILE No.917 09/04 '02 1050 ID: FAX: PAGE 41 14 - ._. ....... 11004 - IM & PROPF.M BVBPEC]TON CONTINGENCY (1-0W) IN in ? WAIS'ED. Bayer und,,to d? d a Huy, bN dx .plan is n tu.st ieepeti0v of me Plapoty (ere Aop,,y Inspection sod Envimomgmw is! 130 Nod=). AflYM WAIVES TMS OP17ON and apNe m thc.RBLEASE at forth in panagnp0.25 of dda ASreamaW. 1st I57 1F. ELECTED 10 /1 (.y Widen ?gL days of mc,ccudpp efthb'ApwowG Buyeo NBuyer'SexpenW,ary eilome WbaVelmpeedepa and/or CeitlEptlantWR• 151 in pfuMbY liomudor adxxvdx 4uaBtled ptafesEio»IS (ee lospeedW and En?w?mmW Nodw). This cundnpory dow Wispily 161 - iN ae fc fp$owLg eal'mng comim. Andhd iWMA: G7P,Y D/T>4fi^`l. At in OWapewisipmlofdds Agimroenl My MVAk for mepecdWa&sdkc +dwu`dox mtwaivedor.1"byllum 4tiont=o- t61 162 0.? IF BnyaB Got sstiaSrd With me Eo(3'Adpt1 of die Raperq' N 1o1Nd N anY w2iem mlapr2 soya wBl within xW dM gfeew f, mnp]tiog 16: In iwtpfti w: M IN OppW I Ids in 1. Arapt de Propmy wth me nd'ewaaen Wid th tle mpoa(s) and apse a dt'RBIFASE tN fmp in. ptiagmph 25.Ills wpxaefw. lot to OR• ! 161 19] 2. 7>mdnfle tit Agtemmt th wddng by mice m liegp'Bmka, V vry, mbr:wue t SeWer..WBhW tits dma pvm f,lmpw.llm, W whirl, IF, to az.0 depom,--ies paid tux amf pmdtac Prio wiR m mevndd promptly on MyW ddo. Aope wiuM VOID.- 1st 161 ? 0'" 2 111 173 1. Adept de Ropefty, with the iehmsdon amwd in dm mper!(s) sod agree an tit RELEASE as fats m pamgmpb 25 of thu A,w ttt ml UNLESS mG mid macro e6mm de Wubli. cowWed it me"Pnt(s) is mow dmS m - its 2. If no WW chic W ones ft yr Kddn wataubM m me npent.) EMlgA9 da: alocuar WQJW W FaaVVh S(C) (OpdW 2) 1, in in Snyd will dd VW the rcpw*) W Lloft etatr, itW,Ogberwma W Salton rv46ln doe tote B(vn U imp.- ion. 121 176 Seta w/0. Within-den ofmod-i4s tbartpomfj), hifa® BUM in word=s of Saud'. ehdm Wt. rtl In (1) Make» bef,e temanad m mar 4t rmsai.Jp6 Cmt m mp+ir,4dmaPt oanadend in me repmfp) u ]N 14m,equsi a n: In ibe wnwme opendm in pusglaph 8 (C) (Option 2) 1. rte in (2) C At Rya a emament for die AN. bstm em she estimated con of o;ddn; m9 rmdid[ms co me4 W the mpml(.) In 179 I and ma ommou tped6m in Pn! Fvb 3 (C) (Option 2) 1. 71gi1 option nlrw ac arttpmbb W dvr mewgap bads[ if sry, 121 In M Not make npxirs em oce modil Buyr M amlevdt ®x any cid semi m rmdidaoa cowudAW in ho m,"44 171 In 0. B'19elWr dam, m mace ttPdn m mgon Boos m o maocm N maiBdq N puapapb 1 (C) CCVda^ 2) 2. Boyd wiu NC^P! ma IN ten prlW and aileae to ft RELEASE fin teas m pQapalt 25 of mie Agroavenc IN tat C if Sd1Q dtnNa ml m make mpeiQ and hit W crfdit Buys' a wmsouan' or if Sdpd fNla W cB say optlm width tit time Ion in 1T'da•Buys wiD. imin-4eys: 1N 161 (1) j Adept tit Prapeay with the Wfomldon aa2d in tit npmds) ad apse W tit RELEASE w kmA in panpl o 25 of dds IN in I AgCU]lena OR 115 to C3)i TQminm tit Afgamem in wMU by Wtlm an Lining Bmtc, if my. odlawiee to Sall,, to VWCh Coln WE dgmtlt mama. 10 107 pd m sGWIw of innings, price will be teamed promptly m Buys and tilt Agronomic wM be VOID. I3] in 9. WOOD BVFESTATEON CONTINGENCY (I- W) vs' 133 ? WAIVED. BOawdasmnda manHUyQhaO me opdW rotequm[dW tilt Prpprnybhospacw.dtar wood'mfemdontysoatiBed l4NCWao1 IN iN y Op,,,, BUYER WAIVES TM OMON and adpte+to the RM.BASE Ss' form in paepaph 25 of the Aiiv m IN 31 % 192 (A) Withm 0 days o<the ezanmon oftlde AgmCmm[BuY,.mBuya's expmce, will obxdgawritWn"WoodTknmying Llmafr>hrendW 192 in LwpeGtion Rapper" aomacemfe4 Pert CWnal Opawsos wmi w(u tlesvn it wen av suppoldug dewmma em m3wia®P1Ndm by UP= I" 114 C=mol OpQatamllNOg BrokQ, ifmY. omowiac wSeuce:]bc repotutommam satlshnoryroammppmpy"..."tits epplpcaNeLvn, 194 195 [mopp and ]=ding institutions. A Wm Federal Imud08 std GoaNmmig ApacY cquisemeoq Ifany. Tor: bwpo Pion wiB yrdude all mad- IN m By vi title and m,anibec emQ ofaiisaueWms m fns Pmpny exmpt Wefolbwing amemreF which wJ1 nor b+i»quemol IN I9] 192 IN (B) n de bmpecaas mveats evlAeaca .(active WEismnm(,t), SeWQ apes. & SWN'a zapen¢ anti halo-- xenlem'=C, mnOtl fps 1CdVe 1afKp- 111 199 son(s). in a¢erdawl wilt,, 3pppliicable law!. 199 29e (C) rift ln9pmapa R,,oah....- -ton W&C Wfelanm(1)aPableaS fidamnml6).stya,QBn)'ar'a sap==s. W AN option w obWn aw2]n ZOO 2m tnrepoaby apmfesdmaiConaetaar.mmein6peWs105atie4mmnenn11 e0pvg9n[islirPimd WFOnmenl daWagpbda Rope=y ??ad 201 as bywood-dclWyingmgWUo -dapospoWto me damage. BOQ will deliver lm swoutual damage upon and comedive propocel us 29 283 Gating Btdae, if an% aherwlla W Seas, wimm tlgs of deBVUiag dm Mg;ad io5pecdW ta{Qrt Ear 2m (D) Frt41in5 deysof rerdving tit snuWUN dollop -p= and COnecdve propmd. Sella Vi advbe Buyec whmm SelW will rapes: m Se1]r's 2" 2n a Wwa ad berme semessam, any smWSal damage Bum active or pn"cim, Wmadoe(e) ITS 206 d IfSdiacb, i mllp]tNtGWddsmop M2fted bylblrepmy BvWhip CaW wYCPlho ftapGdyQgptimdmd iptC6W®e8 BPASE M 2m 6d2 fora in pangmph 25 of this ApmtnWn W7 201 (P) if Sdkr Clangors Wr W rxpdr smelunl dnnap itv "by the mpon W h(b to mpand *Min the time ghat. Buyer, widen 5 days of 208 - in MovingSdtQ's'ts," wiuwnidy Swa a--ding aBOa's chobxm: we tie 1. A qx the Ptvpoty'with gt&.&cm mfealad by the bmpecdan, widim,abNemmt of prim 2m agfC in ale RELEASE YS.fotm in pace-.219 211 VWh 25 of this AVOW011401 211 me L Make the mpebs'bsf,t wtiowsm.Ifmgmm4 by tit Ungage lem,.if any, aBayer's at&" NW with SCIWS pminion, w" WJl 212 211 Wt b. utaea=* wimh6KJn Whi sh CNe Buys aaspa tit RppmY 64 Reston W tit RELEASE W fodh is porsgceph 15 of ft 213 2te AgtalnmL(f Son, d"4sBuyapecmi9t(mW nakedt aprils. Bny%may. wulWe5 d%ao(SAWS denial, tamioee thilAgmimme 214 219 If B%w teammrata thh Ag[eGmQll, in deposit monies pad on l,=um of pumba s tiring shW be rmmtto promptly W Buya em this 215 216 Agaranen wi4 be VOID. OR no 217 3. TatmWaa this Ageemmt in wVCb me au depnsm hinnies paid m woad[ of trmcnw pod wiB m mlunadpromptly m Buys' ad 912 21e this AglementWill bo VOID. 213 . x11 10. RFSn)8NTULLEAD•BASEDPADalU2ARDREBUMONACTNOT[CERROUMMFORPROPERM rte ad BMT BEFORE 19 V-W) 229 221 ? NO'fAPPUCABLE 221 an APPLICABLE - 42 223 (A Seller represent; that: (dttkI OR 2) 22e 1. SeW, MaWknowled(m roWatnioB tlwpaevee of lN6 Dated lWn!aM/or]W2asdd pel=t hvuids lu mahmn tit Rapcpt 2].4 W ? 1. S<Ul hNL -Iodns--dM purrs of Ind-b tYl pens a.N.]ad-heSY prCe!° 'IBS Lora dlo P-Wuy.(P.Ade dC b'no1 225 g = cdasu paz .0-or hands moo ft iacacon(s). We mlodwon of die paw sins., sad ods , avmlaaL• ilnma- ?!6 Zn dm wm,,dvg Sea.%J.n90kdp of tee prawns of YSd-baud pow aisd),]ads> perms; bm.&) 29 2m no 22e (B) Ranrdt/tfapntta(check I OR:) - 229 at O 1. Sell-- su m mpem or seconds Pe!ain'ns m teed-stem pman mdsdleNFhued Eder hazQdE 6. m sbWC tit PtoPtry. no Eat (] 2 SelbhN Plovidm BuYW""manavailaDla rx,JS red mPOra p,asdWgg WlcadbasmpainrmUor]adbaedppm hamdlm,tban ni - 232 me Ropey. (1+u do Wog) 233 In 231 -(CL Buyw, AdrWwledppaat xN m6 llg^'-I. Boss he meivm the ptmpNee Prwecd Y F400Yfrom lend in Yow No. rend hN ladlho two n.'mrons stiono xaonnlne4m to M n6 Pdpti). ?1 rte Ageedmm[ (Ste F=vh 252 ' 252 a Isida6 Buyd RE 223 [7 L $uya hen ttrirwm Ssuta led-bNUd pniarondl,kad bard Llum Wr+nds, N faeorBled io pnagalW 10 A) and 231 / 231 hen reaivm she seconds and rcpons prlmimogw lad baud pmmaaU,Iced-beard pint haacm idmodm inp s1P'IB). me no Bnyer's lvtla0 Dow hie - 1 &1 BuW yrtldal%_E}ll ?? \' ' A/8,2*P a3dH Smla fwo.I 2<1 . FILE No.917 09/04 '02 10:51 ID: FAX: PAGE 5/ 14 09/03/2002 12:27 FAX 717 7011495 JGF-ERA tat w }w W 2w tw U9 L50 n1 Me 151 fait 2S6 [51 all boo 252 2m 201 212 MR W 26 at L7 266 262 210 2" 212 273 274 ns no 271 in t79 220 2w ffi IN Res to as 217 All W as 2m 122 MR t94 a6 116 227 2os 219 200 211 on 313 302 We 306 307 300 306 310 311 312 723 no 319 M In 314 3" 321 328 In No In no 327 Dig 229 1006 (D) R15R ASSESSMIENVINSPEC7YON: Buyer acknowledges mat hot= Boynn is ohngatd on dry, a =141 631 dwelling built before 1979, 2w Bayer ha a 10 day pufod(mlesS Boyer Mid Soler afore to Wdmg on e MCCCAt petted of time) m conduct a d5k ancto or wupecdon of to the property for the plmence of Imd-bared paint and/or kid-based palm hazmda. tw WANED. Buy. u.detemd. dent Buyer her the dgm m coodocx arisk toucom ms or Impaction, of mepmpcty to denmm, dm ptescma of to leW bssed Paint aodlar krdbaaed paitlt heaoNs. BiIYER WANES 7HI3 R10FI3'md a8tna m the Rk],FASe to fmN io paragraph 25 of 246 unit Agreement 207 ? ELECTED to 1. Buyer, a Buyer'. expense, eIname, to obtain a tick assummt indict i specdoo of the Ptep=V for lud.besd pause and/. Imddatd M punt Moods. The isak aEelwOe[It wd/m mepernw Will be compimed within __ days of the neeuuw of this Agreement (insert Ito -IV Dolan Buyer and Sal. agrce to a Eiamem Amid of tape} 251 2. Without the than net forth shove for ohmbdng the risk ywcsment and/or Inspection of the Property for Imd•baxd pant "Von 253 laws4 ed paint hands, Buyer may dOva m Lbdkle Brdaa, IIaey 01,11offloWiu W Stlkq • wd mh lin of tiro specific hasatdon 253 conditions cited in the npmt and more covectloM requested by Bnyer. 41mg With a copy of the dik anmtmmmt 2000, lmpecddn repo, N4 3t S.EC may, witldn^dayi of lerei++ng In Se and ep.gq. Submit a wdaw rmetave PfdPOnl to BRYW.. The wuective proposal 255 will include, but son to limited m, the name of she rene4arioa company ad a completion doe for connective meamm. Seller will pro- MR Vida cudfiwdm ffmn a"-Iacocca to maltut of ma WrMCdve memmo hove been made ndihmddly on or before me completion date. 257 4. Upw -M ft ds conemtro ProW2aL Buy-, wblrin 5 days. wdlh 258 L Axept lea r.woyve propawl and the Nopaty. writing. and vg.a to ma RELEASE acct f-m in paragraph 25 oft or Agm main. W OR no b. Tmnnimm mil Agmmew in widvg, in u5dch ac an depoas Menke pad m aaaum of pmrlhae prim will be ]rind ptdmpry at e Baer and this Agreement Will be VOID. 262 5. Sh"M Sneer foil to mbnat a written wrcdlire proposal welds th. time out form in palapN2h 1(X61)3 of,do. Apmmmt mm Buyer, tun within 5 days, win: tot, a A.spt dK Pebpaty in witldg, and ogee M tM Rltl$ASE set form in PaapaPh 13 of thk Apeemw4 O0. 265 b- Ta pinae this Apecment in writing, in which rose all dop(dt maim paid m areemt of pmmbmc ptim will be saturn:4 Prrmpdy 266 to Buy. and this Agotement W271 be VOID. 267 ;E) CwOotim By aipaogmin Agmmen4 Buy. ed Sell- ccn* the acmmryoftheir Impend" Su eneo0. to me bbt of their knowledge 268 tL BADONC0N17NOENCY0-W) to ?(A) Seller tcptea.d;Ron: (eh-k approprice ro"WOW) 370 j$ 1. Sall, ha, no Nmwkdge mnrsminH the pmemee M rbemee of omn nl ? 2. 9allm boo knowledge ma tine Pmpnp wn teamd on tine dare, try ono methdtk (esp.. Charcoal aelaecalplu t[sck etc), sal wgb tie 272 - numle of ail team in8nted below: 273 DATE TYPE OF TEST RESULTS(Icxmutvliur or wod:h% lewdest 274 278 274 277 COM OF ALLAVAII ABLE TEST REPORTS roll he dclivmd to Buyer wlm dria Ap.m test. SET I ER DOES NOT WARRANT In EMIER THE hOMODS OR RESULTS OF THE TESTS. no ? 3. Seger bun kmwkdp mat dw PopOry nodmwentmdm.eduedonmaamvwma dat(a)lad by the madgd(al ivdimW Mlow: us . DATE RADON REDUCTION hir=l) 21, 263 W 114 , WAIVP?D.Buy.modccannia the Buyer ha the opueo m request that the P.Mv ha uutauced for rod" by ac onifiednupeme,(Ran Rdw MR Notice)- BUYER WANES THIS OPITON vd apene be the RELEASE woo faun sn part"It 25 of this Agoonanano, too ? ELECTED 87 (B) Buyer a Bmy.'s ofnon, has dw option to obtain, form a cerdbed i upecmc a Won art of the Pmptrty evd will daliw a copy of the we 211 tepm on Li,f g Broker. if my, otherwise mSeliac within `days of ft eretedan of thisAgmmmi (Sir Realm Nodes.) gas 1. Ifd, lent repmtmvmla shepexnm afradm blow OM working levels (4 pkaen[imAionL BUT- usya ties Property and spas to the 390 RELEASE seribehimparegmpb 25 of tuts Awcuou nt MI 2. U the mg repent eveeb doe presence of rodw at or e.cad'ng OAS woddog levels (4 PimmmeL4iRp, Buyer WA Within ? days no ofrercrpt ofine enmuaw. 223 ? Option 1 Na R Accept tM Property in wtidng and apse m the RELEASE set boom in pmgroph 25 of misApem2mc OR ? MS b. Trmdslte min Agent.1 in wtiang. In ahieb man all depoii[ moan paid on xcuud ofpmcluse price will be menmd phempdy nos to Buyer end 1hilAgcrxMenl Will be VOID, OR 20 c. Submit a written, Cmuccdro pmpmal m Lis iog Broken Nutty, othawiae to Seller. The comewiive proposal wW Weblde, but Rabe MR llmimd no, me name of me cctdfid mitipudon compor. ptaviskow fwpvy ou, iaiudidg ilmae: raid mmpictife dote foremao- 399 rive mcosmn. 301 (1) Width 5 day, of receiving the eortemve pmpoN; Seiler 111: 3os (V Agee to the news of dm 00-ould 5 MPOW in wddeg, an wb'uh cafe Buyer ec.pef the Propely od open 1, the lot RELEASE Sun forth in pespeph 25 vfIW5Apccmcot OR 30 (b) Not agtcemme 8laa of me emreedve ptopMal. W4 - (2) Shona Sneer Raragree m une terw N the coteedve proposal or h8 n rnpod within the Uroe gNm, Buys wW. wsdmn 5 305 drys, elerrm: 315 (a) Accept me property in writing and apes to the RELEASE mforlh in pmgmph 25 o(di3AVccm=, OR 307 (b) Teeallmu tits Apamlmlln wdmbiu which raw aR deposit meals PYdwe.ouvt ofpmrSese prizWiR be mnMlid gas prompay m Buyerad ftsApcerwn[ till be VOID. Sao ? Option 1 1 oho n Accept de Proper I. uniting end.pre to the RELEASE act fo)m to patagnph 25 N foi, Agreement, OR 311 It. Submit s wrimm cmecteve pmponal m Lisdng Broom if my ob calw w Sell. The mnerdre pope,al will include, bunt wt be n2 la2urcd m. y. ".." of me ontlfix mi=g.:ae rnefanY: prwialwm for P+)-w.r idudthg nr em mmpkdw d.x f. mm•- 313 nc mes^es 4n' 1(nY a madman of 5 mwmd and m a+r?'•^^^ ed n>ou, h h in a In ne2plnred by agdmim. 313 (1) IIRe taW eo4af3®od(aien and miW FJC?•DS dz aommap':!md jar S 11 ll(E)(0cuo,2)b.Sufi.wMwuwn 316 S clays of lsuip[ of die ern 2 ®etliadrn wd(y 8oy.la wdtv2g of gel?.r'r rlo6oe M? 317 (a Pay fce mead Cntt oftm2e&adw adhetua, io which ash Bayer ecrgn the PaopetV and apes, to me, RELEASE set 3111 form m paragraph 25 of dtl AgmencoL OR i ifs (b) NM pay tar me tom)sou of rerediadon and reo-stc no (7) IISeBer chooser Rot m lay for do wool =10f mnudi.eim ad evso. a ti Sell. falf w Choose eabar opdm dmlo me 337 tPRY g(van, Brayer will, within 5 dry], notify Shcer a wridag o(Bayers deice ro: 322 (a) Py the dlffemxe between Scller'i covuilawou m temrdiatim and emu and tk aw,vl coat thuwl in Which rote 123 Buyer accepel me, property wd ageesto Me RELEASE 2m form It VUW*h 15 a this Ag eament OR: 224 (b) Temdme min Apmmem In w, . ,are alt depoalt moNn pa5d an exeunt of Pmeenaue phiro .ill Ee ten.ad pmmptY on mBvy.and mu Ag,mvmrwW M VOID. In /??JlIq JJ11 `? /1 327 329 Irdtiar.__(' cV l l" - ? Ar l)(Paga 4 ag Seder stdp-- sir Buy- ?' 1 p? Ax? • FILE No.917 09104 '02 1052 ID: FAX: PAGE 61 14 09/OJ/200:' 12:27 RAI 717 7611495 JGR-ERA ?J 008 ` • 3m 12 STATUS OF WATER (I-W1 no 731 (A) kff sepnamit to fans poPCIV a sr3vod by. . 332 Public WTra at ? Or'snfwamr 332 3311 ? co uaity'wu 233 its ? Nom 334 3311 IRS 331 (e WATER SERVICE INSPECTION CONTINGENCY - 334 Ml WAN®. Buyer aelmawledps diet Bays bu du critical w segsea m impaye¢ of ihalvalCr wviattr du propose, N7 BOYBR WANES 3N 3u TIES OPTION and Were mMe RELEASE kr folds a pmngaph 25 Of dp6Agc arils. ' us 310 ? ELECTED M1 1. Buyer ha the spaom'eiddo_ days Of the amantlm of this A aodrt Jae Nl B"W's , m deliver 34 othawve w Sella, A Vnriam sspr?ao report by aqua95eA: pwfemoly{ wua waaeg pay of Me'ris pWhry, y, iodine Lima, VomBdlYroker,'o[tbe Nay, irb N3 34 sa Anc. wm pgH Soso 9nm w ;V Sat 2 inspection Salla 3µ,a WSo ahoolds, ol PROW" Suess eTo The Ao Property t prior to wems 33'smn, it applimpiq ¢ Sellni a aspmsa Nrwpared by the Nit ' '113 •wP41Y, Y Slllc dsoeDeH to ieaM d. dx IO LQIEmW. N5 3a -, If the MIXel ramb dtN me water UJAW does one front the mtninvw madnds of my spplieye govama,mml emhelfy matter two m N9 93 sew tlw reonotnma for T.1y Sorb"gsJr=Y sn by the melylgn lattice, if my. duo Salley .9f, w den w she rcpme goofy Buyer I, wsfdne OfSeBaL dwim to. drys of receipt of N7 w aa m. am RELEASE sa we forth in pw h 25 of dus AgslmrwrKnr, sent, kA, mdemmt.Nwhich See BuyaarcepnMs )111pm"tYandageu us an to so to RELEASE in pwaopapA 25of driaAg OR ve Sol It. Not npgado Mc-mw Savdca- i 91 ma 4. If Seller chaos not m ygsm the swim w reinitaum wospmbb levels. or EARS a rmpodd witbin the those Sian. Buyer wiq within 339 at _._ days. ddoor w . 3a a. Actept she prepelly=4 the wwerSwim md, itNgauedby an wanpplwdae ifano. and/or my govm®mw sn[haay up r h, all 353 do lroeraeA. before aademeu w windy the m, legvinsi by the nece aplenda, if any. motor my atm•v"®aml?aolhwfy. a ass no Buyef s enmw and wide Sailor's pe®isitio, w wRI me tv, uoramonabty withbeld, ad aglo w lla RE1HA.4E as undo In MR M) PaNgbaph25 of this AS'mmaut. If Sisiordeniin Buyapteneakn to uM.& the me, Savie, BuyaMy, widdo5 else dmial•.tmninsm this Agoep B Buyer de pr glee im e b rer av evil du* rt,.+Q deport made pad on accmmt of putdraN mil8e be 3eel 551 3s9 mnvved pmmpdy wHya and Mss Agwvmr i9iBdVOID, ID. Ole OR aye me b, Toroduaa this Agtatmm, in which out All depeit monies y'd en mcc omt of Puwhew wine will be rown,ed Sao Set end dtrl Apr. will be VOID, [ pmotpdY To BYYTr an a0 13. STATUS OF SBWFi(1AH) set 963 (A) tS?edller mpmsmu'rho Pape[y it saved bY' 3w 3" rq Psb)te Sawn all 396 ? Tndi.rdrml Uvgos SewagO IAsposal System (Sts Sawayp Nods 1) 333 3" ? h bad A Ow-lot Sewvge Disposal System OR Roximiy, m Wall (See Sewage Notion 1: Sa Suwmgc Notice 0. if appliabk) all 30 ? Cmmmuniy Sewage Disposal sy- 391 NS ? 71v.mwe Parch Eaeanpeoa(See Sewage NodOO 2) 391 319 ? Ilardrog Thad: IS, Sewage Nom. 3) Sae 330 ? None (son sewage Notice l) 330 sn ? None Avadab"mJk lom)ations in Effort (Sea Seway Nelson 5) sit 3 9 ? 37e no (B) INDIVIDUAL ON.Wi SEWAGE DISPOSAL INSPECTION CONTINGENCY 313 3`4 0 WAIVED. ByaAdonwldSea rho Btrya ban du aptienwagosa m inmvidoe)on-ter wwv d",J ieapsetion of the Property. HIJM S11 .nS WAIVES TIES OPTION and motions w The RELEASE W forth in pamenp125 of the, Afternoon. 31S an ? Hr crran 336 3n 1. Bay, h, jr, rapdOO, ,jdw `days ne the eemudon of We Agermmr aad a Buyeri Vie ft w delivar to Lining Baker, if 311 yR my. orhorerisc an Sabne,. otiae,,impmtiou.rpon by nquwfied. potbesloml ineptowr of The M &M41110 01140t sewage diepond aytten.' no 379 So31a -pup w loam and ptovid! Seers, To the wdkidut) or.lot un,w dispowl ryattp• Md. if requhmd by ft ialpason eompmy, 379 all =Ply the wpbs tank a Seller's e'xptdll. Smart also-open he tenure the plopay prim0 Nldaeme sw 381 3. If the tcpoa wvank defects the do not NgWm expansion or rcp14e24a1 d do adayng Map s8Spow erasers, Seller will witlm 331 so -drysa not ipt of therepx; Today Byer in wrirengdsdcarl Gboie, Be in an a• CocNN the dekaa Lame settlement, indoeies eemsa, N Sullab eapearq s e," are Huy" wispy Me Psvpaly and apeet m 363 30 dw RF7_EA5ESafa iap=VVh25OftElAyrs kOR 3" 315 b. Nm rwreta du da[ects, Nif SeOtr talk to respond wWts tM time gben, Bayer NB, wlffisT_dsya, lima: 302 389 (1) Accept dw AOpsy And me system Soo d Ngtmadby dw NorWBC linden if my, nndlor Soy gwt>rmoeoml adwtly, wemtt 'sloe Jos me dcfacts 63oa sealemmnt a within me 6me sequ"val by tM mwtgmge kndar, iP mnY, atdllb[ mY gnveammW antbosiy, u all an Bsya'a sole expanse and wind Seta's perml dm wbicL win not be miapably wilhhdd, and open as the RELEASE Sa 311 an fo[M in paageph 25 of this Agaeemms. B Seller denies Buyer p®"aw, to mama the defesa, Byway. wild. 5 days of Nos 29 Seller's denkl mwtham TWO Affr w If Stow Smainma th.Ag vero.4 di deporir Mai" paid on sew®l of pwcbW 396 36[ pairs, will se tcmmcd pornptly to Blya and ddaAplxmml wiB le: VOID, OR all 3N R) '1axidut ties Aasemms in wridk& in wWb ram all deposit rain paid a mIom e, of Pathos, price WW be am n d $93 Us promptly w Byer and tNSAg&emma will be VOID. Nos 391 4. If That tepors novella the need wcxpmd or Nplea rho cdldag individual m-for mwage&poml 6yeve, ShcerweY, widem- days US 3" of the repel4 sWmil a mawli" PIWOW m Selling Bw)3s, Umy, amawiw 1n Boyd" The corrective proposal will Vedu& but not be Us 396 honor to. th rose; of dw lemsdiaano wmPay. puviefona fur pymear. mauding ran =Sad wasplado , dare fam.raedee most a. 396 MY Widdn 5 days of osicMuS Scila4 wnmcdve propoesl of If tw mn'Mthe psupoml Is welded wtmm the time gram, Boyer will: 397 381 1 Agee w11etam5 of theco=15Veproposal. ifaay, in wridPg in wfdcm me ByOTwmpm me Popery and 3gmt wmeRE EASE M Be scrfwmiopmagtup625 oflh6Agawnwla,OR 399 400 b. Accept Mc Property and the uysmin I" t rO4drd by tke a+mtgagc leads, >Fsy; arA/N-dY govemveMl stuhodry, wuea Mt an ,m J:? Sc1aa :enler?,, a withs dE ?x:agNSed by the -extT a I?QG. if ay. =tot my y%lor"ctai uWmy, u BL5> 's ac: as Sob expels and wits Seller's peanlalay wbih will are be nmeuombly wAb;IIL and ags an do RELEASE rd forth a pea- alt 4d1 5.025 of Mss Agmemc¢IISelle, -ice Boyer pa®asioe w eotmmthe defiw.e. Boyaway. wins S drys of5eaera detdal or, ale Sea rmoam thin Agmemenc Tf Bya mtvfann del Aga' , W mposil mamm pod on ecewws of Pwohrsc pea win h tt3u[Itld ON as promptly roB1(yamd ehi3Aghrsmml will be VOID, OR as 406 m Tennison Thin Ag,cf.t in writing b, which else sll deposit MOWN paid O0 amel1N Mpmdw pits -M be Itaamd pmop[ly all 403 to Boyer am this AgeemeeL that be VOID. : 40 wa 14. NOIICEB,ASSESSMENTS& CERTWICATES OF OCCTIPANCY(I-W) or as (A) 9elhaeepesmmNasala's exeeudat of des AgSemmn ms[a6,public improveaKac wtdomudum err homwwmr gwciadw mcsmtmta a09 410 hove ban Dade agabutdm Property wNch lemur uopaidaod era[mlwticebY+nY 6ovaamwsapobl(c mdwriy has brae snood upon ScBer an 411 are Joyce, on Seder's behalf, foduding anticee Nkneg m violadane of m Isiol houdng, budding. Safety, a fire dtmman whirl mmaid Of elA unemleaW and the Seger kA6w, of no caldidon this waWil wnsnm e V cavim of ay sorb wtlsawa which IIala w petwwtAed, unless nt 416 omruwib specified bee: - 413 414 414 eta 413 415 rte 60 Boyer InAWa: AIS-YYC Pagesara Sorer n113[a1g ??A ^.- 417 1 r- )a FILE No.917 09/04 '02 1053 ID: FAX: PAGE 7/ 14 •-• ----- . ... ........... ............. .._..._ ®007 4 419 .' +25 (C) In 2e nowt anYndl)cn(including mWatom)aod assessments am reotlved ehc7 cxtcora of mid Agmtmert add hrfineseNanak SHlerwIB 9 n 4412o in notify Buyer in writing, wbWn 5 days of m diving the nonce or arsmsmaf, dw Sall" wig; a1 at 1, Comply wish Boded and atrexunena yr Shc"'a expemq in wYaca, Buyaawepddd Rupnly mdapeasoothe RELEASEuy forth 122 as in pangntpb 25 of sAgroe en OR its .1. 421 7. NOT empty with nodes and aaseamedd a Seller N; expaese,isM,"cac Buyer will notify Seller wiodo j dnys in wridny dlaBuy" ilk AM 465 W A. COmpty wig oodces old toodorwm n BuYer's expose add aside to dW RELEASE as fort in pAngmph 75 6f this A§Id®ad. OR 423 424 427 b. 'Rrmmam dds Agseemmt in wbudi Casa All deposit merles paid o , aecom, of puchme prim Will be lammed pempdy m Buyer 427 as m4 diir Agyemat will be VOID. 421 Ord If BUM Odbb ms)fYSeller WIND WC slide ghm,Buyer smepts the Prold" add flevef b she RELEAse err brat in prod' 429 439 yaph 2S ofthb Agreemme 491 451 412 (D) B er is adyLxd ten weas m n public rend my ne4uite issvaore of a W ldighw?y aodtpery f from tits S o ea M7}ampwpd o ennc44 nmk Sell., w E) B mpised by 44w,widen drys of he orafim o(ddf A d f d S H at 413 Or aux g g ^_ or er " O ey in t tldOg emta if toy. ohw ere m Buya,.on or before fem®a4 at aS 4141 1. AmrtlEadm Been tee oppmpLtte muaic¢al depaenwu m depammn dlrlmlpg ooM ofaoy urlmmrasM s+oltlm of arcing Muss- Add 431 , tog, bondmL.dosY msl.e 40dianc4i6 ANM1R At . 01 2 AmNfiampermimag amapmry ofdaRopwry-lithe evmrmpabsampovemapd ateagdaad fwAeiaumw alma CedfiCliR Seller 1 >m 4a7 . WILL Wldum 5 deya of SeBer'S motile of did mg snm? notify Buyer Of Ow ISTAmmeod sod wbcmer Sd6 wili mate rite iequfred 47 439 repek limpovem,uua a Seller's c rpaae at 4W 75eR"ehowm not to mate me mSObed rtpa'UtAmprevenragH w'0, W"56a SGBn bt Of B yer'a C2 Ire b 4Td. 9a . 4m id.), i wlri mw del Apemau OR make she repay pmvemmd a8uyerl expand am W7dl SeLaSimmimim, el wil2oorbeuweasonabN maid. rw ut he)&it S.H.Aad, Buyer permission mmats the required ropers, Buyer My, Mildn5 day. of Scgrr'a dwW mariidan leis Agsrmtmo M 441 ,. ,t d" , D9ry"t"ndnatm tier Apamcw, all dcyo.5rrnmtim peamacmumof pmehase plot wiBilelxwlnM lxompdymBOya l?tbV Apwomt at 499 MA la VOID.' \ 4" w 15. Tirrm SfBLVEYS &COSTS (1-00) os 999 (A) ibe Plagiary it m be eWdq d dw and 1I. Of m limo, eoedm0lawa, add estemad. EXCE G HOWBVM ma foll.Moy nda in ass did lJmmW, n egRSe yanM Rd9KEane moednamm mBdNg RndeLnN. OdidnO tl. eddnanW OfrWd. 2aYmeml wuldle, epod id 147 ` ado, S OgaL c,,me 1[s of recgoa pdrllcgn"rights apublk wrv5 compares, if mY, *gdddM d the rid, m N. above dreaded sal esme 447 441 will be good W ma tembk and such n will be insured by a MVMbk Tide Inuuarm Co7apaW a me mrylmnoe. 440 4" (a) m the Ovmr Sefe, i9 unable Id g vc a goad rind madmdhle tide add such es Nib be inwlad by Alepoldbb 7Sde Compmy a der mgdei rams, 441 alt !m epeciEad inparpgapb l5(A),Buym vnB have tied opdon ofdldog such due a Sageran glw widow Ch.dgng the pdot mofdnog mpaid ref "1 all mouKS paidby BUyerto SCB"on ecmmt ofptuchateptiee rod Seller WWreimmQ Beyerfwaly coal mmtred by Buyer fer'mme Items 451 652 Specified in pnagaPd 15(C)md in puagrsih 15(O)iums(1),(2),(3)t and in the lener.vaa mad WS'B be air fit. Iibilby or obdgeeon m 452 481 digger ofrite passes buem And ddaAgcredn"-5 baama VOID. 453 454 (C) Any KAWY Or awveya whwb may m Wiluhed by me Tide lmdradel Compmy, m the a?macdog ammey. for the Prtpamdm of en.dcquve 454 4451 legal de9mpltm of the Ropeay (w the come loo beenO, will be semred and paid for by Seller. HOWaro. any awvey w a dwyd d9niled by 455 431 Buy" or required by rite morripgebnder will be secured as paid for by Byes. qm w (D) Buy" Will ply fw me folbwipg, (1) The premium for niter a rod as Snpmam [Byes tide seardi, w fm f".1lessdg of eada, if any, in 451 (2) Tim pminioms fw flood insurmw And7w foe Monaco, Widt easibl d cmatkirk Mortgage hinder ahOW m wmcolmor too, if my, aye 459 (3) Appmaal fees and cdagA pfd in advame m moripge lender, if ay; (4) Buyer's carnality Sadmoat creed And ACM41 , Add _ in 16. ZONING CLASSMCAnoN(1-00) 490 961 FniNre of daAgennmt m mnUdd fine mo5ng 41c"Timtion(axcep go area whore der prvpeny(avd ray P',oi dmrcef, B sub(AHidade) It gonM 441 4ex solely or priuai fly m p"®t tiogiafemily dwellings) will lender der Agrermcuc vdidabl aft opdm W'tin; big=."Kvoided. my deposits de 453 rendered by dR Buyer will be lCp4m te H¢yer Moms any regmsemem for court Aedov. 699 464 Zoning LlnsaHmdw: QES; s(Cr9ri u_\ its O .-3?1 495 ?? ? PLECTED. Widtin days of the cxccndm of dds Ag¢®cnL Buyer will vwby dust the exiting use at 7hc Property is 4m - A/? 169 (x? isp"mitkd. In the cea dm oiso is rot p"miad. Buyer will, wahm We' time its N' rn 457 /• pvup far vwwwlnu, nerdy Luring Drak", it ale, oftgW w SCBn. in along dot die vdsting a6 Of tee RopenY It M Pp®iadd and lie 41T 469 Agmonnit wig be VOID, in Mich cdtc all deposit main pad m -m of Puchgo,, pure Will M merge[ pmmPdy to Buys BUM'S Aid at failure to respond WllHhl the flood givM Will eonainac a WAIVER tribes methirsta mid all ahe lame ofthkAspiration reMin in 469 al fall fwO1 Wed Med. 470 4n 17. COALNOnCB 471 at X NOTAMJCABLE 472 473 ? APPLICABLE 473 474 Tuts ndklle?A'aAYNOrtat,enMT+K TAAN9P00.,a4pp6 nR mauIQ 171h111L1ro71mmALWSIp aRar19 nd5UWdlm m+D®lm.1TB18HH&P•1@fAlm 474 - 475 t199C9®®ml SeyglRFDro n9e@?.AND I'119 o0.yd1'R OR W7NIX6ce3VCB GDA1.5ux NAVe T7m N9pI2rN 4er.LL mnMr7d NEamyfl ACC 31.CB COU.A(m as 476 aiRQ CpHI+eerWN, naasstII Oast arste3•ro WiP 9nayACa Wind r/J+Da14d.47rY oat'ff, YUSnmdmnrtMa eRnmeAe m+oaa9TKH LetID.(745, 476 477 notice is at fords in tit9..odorprovided in Swore l of ft A"OfAdy 17, 1957, PL. 984.)-BUM Nicumlag"ooa be Busy rot bd rbmkbg the 477 676 righ o(p Weetm [gas mho deuce resulting from coal -in ng opera lots anti Oat the P npe! Y de$C bad baum MY M PMMC W ftzo damage 476 ' 679 late te mine subsidmm by a paivere emirxer wink me OWese, of the ecoaomic ausetas so the ma. This acloowla is node for the ggrmau puppm as 460 eaflu proviawuof Mme Sobsdeommd0elmd CmvmamA"olApa127, 1964"Burt erg cav 491 417 ad to oo sign sign to and from Sul" which deed d will =mid Ida afoMSti4 ptovidoL All dead will. 6t 412 18. POSSBS,SCON (1.89 or 40 (A) PoWessm is m be delivered by deed, keys 4M: 413 461 L physical possmam a a veeau building (Y my) blacdvd ek o. bin of debris u day and rime of sa4eaem, ANDOR 4811 466 2. Assgm4at ofeasdgg loads), Wpdw with mysemrity deposits and inserter, adna,ofsmd9naa, ifPmpdny b[remit-matyied a the 4e6 416 mewdon dads Agcaanl w sudess o0mrwiae specified herein Buyer will w1c owledge e3snng Imags) by ioid9lmg said long,) a no 467 [lone of Wiping of this AgmemuiL if Property is [mEe[ Om p ed. 467 461 9) Seller will not egd" idlo my new Isom, wdam extension of exisdrg least, if city, or addidosl into fits the Pmpwy Mow expressed on 491 wrilla cousm[ot Buydc 419 4% 19. RECARDMG(3851 '!lus AgrfWmu will dx hx[emr"?z6c Q_Taot rard9e Rermdicg of l)nctwunyOdu oBim mpigw o(publie:eedsd sae -i. L ^SL?a Cls'awpCf]-3 .ba•T wY'--cwdgd? Seler My clots b rota suchM m a 1xF4CL of this Agmcgx LL 4n U. ASSIGNMEW(3-86) 7LiSAMobdot Will be boding upmtbo prudes dWy nopoaev beerypa6Oadlaprcs"ndvee, ygmdnm and sucmaws. 492 4" am m the amen wdim hie, m the stags of the packs hemw, it being eoputaly "dervood, however, der Buya MH rot mma"wasdgn obit 493 494 Agemhmt-iftutt3 -manomenent Seller. 404 ids 3 DEPOSIT & RECOVERY BVND (1-00) 496 406 (A) Depooa laid by Buyer within 30 days of sultana[ will be by cask cadt"'s or mrdfiad check Deposim te6ndba of tlx form ofpxymar 496 491 and did pellet desipuod W pdy.k ill be paid wBroke(et Party hdenrBed in paeagaPh 3(F). who MD rain dy in meaeeW Ycomt reel 4w 40e cosummaonwum narimoP WaAgmnenrin coaona rywl al app csbataus mdregaadms.AnY mashed cheek UadrWmdep9h 4" 4e may be held peddin6 the dcccp mo of ads oam 499 50 (B) In ddt evert of a dispute over amusement [a deposit Mani". A bmtm holding du depoaz is requited by der Ruin sod Regulrions tithe Sme sip 301 Real Estee Cuma i9Sion (49 Pa Code 435327) w redo der mod" in oxgu w mA th dispu d Is revolved N me even a uriganm fw tin. $11 502 letmn of tlcpos[moole, Abaokef Win dimibum me modirsssdimged DY anrlal mdvwmuawooe wdmd Agre4mcnidda pvtlo. Buyer Sot SW art Seilu agmemµ in do evaeanY EmkerwaHlBated dwnaeisjoiacd bBdgnrim fw dcrtrun of dcpaa modien. die alaMeyc'rrp 4od 10 504 505 on"' fit. s) tot Brayer TnbMki j A7S.2KPeleaef2 sow IniM4 d1A'?-_. dos V r ?. ?I? FILE No.917 09/04 '02 1054 ID: FOX: PPGE IIi 14 09/03/2002 11:29 FA 711 751105 JGR-F.RA _ w s n wm erre..mwy rum sm« m mmamf aD' pmm« wa/ am mmeea a vau mw YntamA.Ymatt tef?aYm' ®Ai Arf/um ny ' m ? Emir eaeymtma avmumovm.maaeirm.mllmmbti«meMn Wcaetw.Emmlpmmm9ro0.Mlm's[ma WU» ;A bl atwLy)W'gdaEk no-..mn. 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OA Wlmidmib]JlamP:ay RarzE luem6 bar9«mal®m 1) mmtoml Npmmw alaas w w 3l mmmbm«-a-.m]rJln'labwfta 9)mUgYiAmd lmJpbmmE 4siu]a9mmgd.a,Wmmbmaba eAMW w 1yK M P Smo-nbmmemrMmbS,wmf:dy HUwcia'mb6 mpeia..M«.n Wp4sd AmnBm. mr m ¢smo-bmbmea.ltmx p:ey SUya. hiada9aWYlmbaaaSmMMeemms ea)m WSW«rS1mWmW Amn An m 'Fn 6rclsEillryaobEplwWAilAm'ffmm wiRbwm. m a r in M 4 l FILE No.917 09/04 '02 1054 ID: FAX: PAGE 9i 14 00/00/2002 12:28 Fa 717 7011480 JG -EPA X000 5e[ )A. BBOISILS (1Q0) IM Bwoeu YSWiwElp[tra.wJ[B[Ne(.).ee SeHrrBgvauNYen.UNLE95atid ?NWmNy b su m{ Am?GFrlw. Ne ( b (A) TIe WBOt Bmearwtem NS[mc NI {n 011 Tm 2JBN Wls+rAtw fm Bmm rt RI (q M3mi[.1®t ertlmnd PeB'mL BmrrK ml[rm iBebi[111m1ANmA QYwBm%9dmmNlrumv.liMESS mI b NI NI IIOIDMINAPrq7r5[Bemd.DaBUrtABmQ4rBgr.Bmllamt20mrlr 0.9p+vt r.wrrBvp.rluYYw b ve eN IUWwdes NI NI AMNbs BlNmimay Rau arbJBktml4em ebll.aMbx: M, R! ? Tm$[G%BmtKbi/BmUSmlym[(uYM. Rl Im ? tfe 0[Rnt Bmra beTmRe0m7Jm?ue bT M ? it tlur[Mdo+6.9ummm Llcm r N ?! 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SlBV.petltl mpryiv®[d WrDDNVIrd w w aBAVemltibelvw[alre w.P(mr6m Wml Buya M[om 0amer: aY?oaad Wam vtomi eu 50.I4mg pvW.6u mpi [+Ra Wlbmw 'dm bt Elme mweepemEeO&gc'.fs. YI r FlT1PSB 61LP1 DATB 111 .41NeNq Q`m0 14I _ w BLO? ALh N m IB hmlm ... PAXf m u m SE w m NfmlNtwODm[ NN W 1*aeeK PA%I B R[ m .. in 0 NF11rB96 BG1Q DA]E B m 1 SeffiNm (pE1B 541 R, w 2MOBBwarr w NN PnmK PABY EBfW Rt NO W M BMm'BJei4M'CMXB[M.m (drBWaNacapPBNWI? -. 111 q }(Bep[MB WJ dHrl GurbBWMKn:BpJMYAaWOvn bA BNm. HIr Rem6[LgaGkkmwu lmd[rYr lR m 66 mn.alee,mm2lVdbmrlw r6srOBeA[[m?a'6riMmsmim rulemmeMd6d mehmreammM.r. W ele AdmwRdyKmC llmii[emwilnddwtl6 G'IVl[Y mMlahmndlARMhJWIegIPBmwtlrtl00MYimEelletlPWt W ® 28a.aRlOmoe A[t A2 USGA102(aut ee ewredmr R>p[oyrOB'meven?lfua N` N6 M en ? Dprtly PB.T Nvpeb [1M ?tldezt.l0 uema. maaar Ar elmmtlPy mlAlCd4?vnm melrorc mxYrm 11/ IR m[KmeMtl[[me[nr[p^nml ar owm0[4dmdrYw.mtll[mtlbdlK ue M[%amu 1G?.' raeO be BYmp'd NN NI Ihe[[BtlY[[rmmum'?i66'flw 1m b.m[LNm64Apmmct lu in m ?' BmvamlafWm: lmrvmter0 Oumet &arr , j? a r B remav mmbmcmmwridm:,.tevm.w.mwv N] . in m n Q . ? / ? ? ?, w ? m 11lRYGBRq[Ot(Cgyw Nu?7 ?SNe.(CY`I, /(-J' m m AL[1QiBC BY DAIF 1s.Ba,Gt? m l in SH2IliB DEOEID[(?6p? 1 8r R3s1/Y'H lo - --- in ACt?PT®BY Ar F?" Cwc yy?e? m' m m A9.R[Pmet dB m W cBl l vv'8 CUPS l . OMB NO. 2502-0265 jr A B. TYPE OF LOAN: 1.QFHA 2.E]FMHA 3.E]CONV. UNINS. 4. QVA 5.Q CONV. INS. U.S. DEPARTMENT OF HOUSING 8 URBAN DEVELOPMENT 8. FILE NUMBER: 7. LOAN NUMBER: TEMENT PA2849e SETTLEMENT STA 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished to INS YOU a statement ofaduel seNSMINd costs. Amounts paid to and by the settlement agent are shown. Items marked yPOCI' were paid outside The plosing. they are shown here for bdormational purposes and are not Included In the totals. 10 198 P-t]at00.PFdR12&Bb1Y D. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER: RAMA R. SURI UMAKANT DASH Countrywide Home Loans, Inc. 8758 Gillespie Steel KALYANI DASH 681 Anderson Dr., Bldg. 6, 2nd Floor Philadelphia, PA 19136 310 Connor Circle Pittsburgh, PA 15220 Sacramento, CA 95a35 G. PROPERTY LOCATION: H. SETTLEMENT AGENT : 25-1722090 I. SETTLEMENT DATE: 9 East Glenwood Drive Capital Region Land Transfer, Inc. PA 17011 Cam Hill December 2. 2002 p , Cumberland County, Pennsylvania PLACE OF SETTLEMENT 3310 Market Street Camp Hill, PA 17011 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract Sales Price 100 000.00 401. Contact Sales Price 100,000_00 102. Personal Pro 402. Personal Property 103. Settlement Charges W Borrower Une 1400 5040.38 403. 104. 404. 105. 405. Adjustments For Hems Paid B Seller in advance Adjustments For Items Paid a Seller in advance 106. City Taxes to 406. CI Taxes to 107. Count Taxes 12102/02 to 01101103 25.95 407. Coun Taxes 12/02/02 to 01101103 25.95 108. School Taxes 12/02102 to 07101103 696.06 4D8. School Taxes 12/02102 to 07101103 696.06 109. Sewen Trash 12102102 to 01101103 28.61 409. Sewer/Trash 12102102 to 01101103 28.61 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNTDUE FROM BORROWER 105,791.00 420. GROSS AMOUNT DUE TO SELLER 100.750.62 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Da pall areameatmone 2000.00 501. Excess Deposit Sea Instructions 202. PdnG al Amount of New Loans 95,000.00 502. Settlement Charges to Seller Line 1400 10,452.06 203. ExlsOn loans Wken sub ect to 503. EAstln loans taken subject to 204 504. Payoff of first Mortgage 205. 505. Payoff of second Mortgage 206. 506. 207. 507. Deposit dish. as proceeds) 208. Seller Assist 3,000.00 508. Seller Assist 3,000.00 209, 509. Adjustments For items Unpaid B Seller Ad ustments For Items Unpaid B Seller 210. City Taxes to 510. City Taxes to 211. County Taxes to 511. County Taxes to 212. School Taxes to 512. School Taxes to 213. 513. 214. 514. 215. 515. 216. 516. 217 517. 218. 516. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 100.000.00 520. TOTAL REDUCTION AMOUNT DUE SELLER 13,452.06 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TOIFROM SELLER: 301. Grose Amount Due From Borrower Una 120 105 791.00 601. Graaa Amount Due To Seller Line 420 100,750.62 302. Less Amount Pald By/For Borrower (Una 220 ( 100,000000 602. Lees Reductions Due Seller Una 520 ( 13,452.0E 303. CASH (X FROM) ( TO) BORROWER 5,791.00 603. CASH ( X TO) ( FROM) SELLER 87,298.5E The undersigned hereby acknowledge recelpt of a completed copy of pages 1a2 of this statement & aattachments referred to h?in. Borrower ) RJ U 37 Seller &R . SURI UMANANT DASH KALYANIDASH I I L. LOAN n AFMSwFQ.HQPn wV 1 FMFIFR TA OF PAID DI ADVANCE PM0 FROM PMO FROM SORRO Ms sa EAS FUROSAT FUNOSAT SETRE T SETRE\ 801. Loan Ori (nation Fee % to 802. Loan Discount % b 803. Appraisal Fee to Countryaltla Homa Loans, Inc. 300.00 8044 Credit Repod to Coun da Homa ens, Inc. 35.00 805. Applica9en Fee to Countrywkle Mome Loans. Ina 300.00 808. Tax Service Fee W Coun 'de Home Loma Inc. 90.00 807. Flood Check Fee W Coun de Home Loans, Inc. 25.00 808. Dowmenl Prep.Fee 809. 810. 611. 901. Interest From 12/07/02 b 01101/03 S 24.4000001 3068 %) 732.00 902. MO elnsuwnce Premiumbr monM to ow, b Coun ds Nome Loans Inc. 903. Hoard Insurence Premium br 1.0 337.00 904 1905. F I PA2UN I P-02MM 1191 , .. ,_. , ,,r. , . , . 4 1 1,1-111 nuWMnr newnA 0 ooz/o(i5 r u.?. ,ti ....., I. .. LL.,NEb1 OF'F`' 6'i e:il"- hl L! 01;20/,'„002 11e1d F.tS 7.1.: iK11-135 1.8-CRi I?0I.S SELLER'S PROPERTY DISCLOSURE S'C+/1`TF_ *SN. T 57'D ftopurip Address s'/ C / '?1 ?? L/t((cl -- T a A?'dl cr'tmyt dlaciytt to d buyer all kno%v -owrbd dr3:xc.Fahou: property 6.-1ng r)nid filer ac not Tr?d>Zy abr rvahla 1TL tiisdoawe , s fW=at t jr &ezcCd in usix Safer in c®plpal: wirh dirclW=c f&GullemcnM and'w avdst Buyer in rvnluuing Ibc property hmup s 0 Wa'.l[IIIOQ. a , Thi, Srmewdot disclose Scller'r Imowledtm of rh.: rrnr&icm of the ptopary - of the dam signed by Seller and is not a "bativoift for 7 t xuy iospvedmr or wuermatics that Sgyvr Tnoy with to obonitL Tbds 5tauxotenr is not a watrmty n/ any kiod ly 5411ra or a watrvnry or r s n?emtwnrniiem hY rimy lrrrdng tad nwtm bursa. any :ollinrr rcu ca?te bu>lac nc thts c^-^^-^-. Hnyeris weowagcd to nddTtt59 exmeeatrs s in about $o mttdidmus of the pcopcay that may wt be inalndcd m tSL• Star.:oseat. Dtis Sottamcnt dnm nor relieve Seller of ?],r obliS arinu rs it to disclose a er ueunl deicat that Lau nor be addtcs-el on this form. tt n A mamatl daaa is a problem wirp the pzopaty or any pm-Jon of it that wrould ]live a aignwi.cavt sdvrra: impact on the value 0( the rt v nsWGnx l Teel p,op&ny ortbat invot- an uacL mnSlc d'Lk to pcvple on d c )and n 14 14 t5 1. SIiLfSR'S FRPF.RTMr SMler dove not rossa:a rxperri.m in Muoac 19. wtC;ncerIng. atcbircmut, nr ocia attar n+laced to the is ra censmrnLm sad cuaditimi of -,be pr eri: and itt irc?I m czu pm:. except as faUcWS: n -. OCCUrANCY 1 ,a (a) Do ywa, Sellet, carrmtly oaa:py this ptopet'tf? Li Yw k?/I- f? -r C- IF "no_' what did Im lase oeearpy rba pmrxr y7._._... 19 (o) Have there Imcn say pe:s living in the house or od,r -¢acuaw during your o r nmhip? C Yu O No xo if yes," describe: 3. RIyOF (a) Dam roofilae•net` I)ataamcnted? f_I Yo Cl No 0 ualmcem M- -I- (h) fho the tool been mplaccd or reputed during your aw,neraMpl Ys 0 No (e) Tf yrs." wrae the extx5 ny, samalm ierooval? G Yu O No 0 Unimown (d) Fla-, the roof over )naked dv ing your mvm:rsbip'. 0 Yft LJ 1o (e) Do yon know of any problem ..;th the roof: itzmtm err doamtpoms? n Yes O No 9t Cxylain aay "yes" answen Thar yon Zrve in [bier secion: A _.-.....1 ..._ ... as fl 1. SA=vvOrM AND ( 7RAA7. S):1CES (rnmpl.tc may if eppllciblc) a+ it (4) Dem tho pmpsry lave a murp pomp? 0 'Pas O No 0 Sialmown R ap (h) Arc you aware of oay warier lama[ t a ,almuistlw. a draper sr w filer the bascmear or crawl spa ? 0 )L--s ONO y If ycr," describe In. deudl: to (e) Do you know a( say rtyam or otbds incrupts ro covuol any war.- or tlampneu problem In thu bnscwte M crawl space? as Cl `U;; 0 NO I7 If'?u dearribc the loauion. rxttnL dart., and norm: of rbejterann who did the repair or control a faec ......._.....? err 32 ...... ....... A S. TERUms/R'OUDd)ESTROtiTN(: f\S6CIs. DRYROT, Pens ,a Qf) Arc you 1ta1S of mq' trnmime/totwd-deYn-oying 3ntce[s, dryrot, or pests at"'?tiaR the proltvrTy? O Yes O No a, t (b) Are you awma of any damage m the property uttucd by f4==t:a/wood-dcerruyiag iosa-ts. &-JTM ar p=0 O kia 0 X G e (a) U your propmy onaeasay vadtx contract by n '.sreoced port cone el cocnpaay? O Yes O No u (d) Ara you aware of nrL' terrratekrtt st mnrol report or treotm- for Me property in the )arc rive ye=7 0 Yes 0 1Ja v Explain any'tcs" answca that You Ove in dais section, inc)nding thr u=o of any btrylcolocaatcm protidc6 if appiicablo: .t 6. MUCIURAL MANS 47 (A) Arc yoo awaro of any past w praaot wxtct leakage in The house ur other sauc m=*, ? Yee T`77 No 0 (b) Ara yvu awme of nosy p= err ptcrverr movCmeaar, drifting, dermavai•m, ,,.otbrr ;moNam:: w.;tr walla. ft>,md,Haos. ere ocher suvo- at orm) eortpovcnrt7 ? Yci 0 . v j7)I (cJ An you aware of arty pns r rx ptoicnr probl.= -it! drivewatya. watkways. Para, or reraitthtg Wald, on the psol'f°t'-y' r. 0 Yet ? NO u (d) la )Our TMnv- '+y cuwaucmd wit4 rim L' XWL-c Ia.-alnting Ani.hinZ System (EIFS), svcb ho &ivst or svt;utctic ataw 0 Yes 0 Ne O UDYaowa ? if'ya:" dd ctiU: any known ptoblams a) Page 1 or 4 Stdler's folrlak: REA0 7? .? . sa yylvsNe AeloaNation oS COIT1RGIIr TL"dMaltYw)rtl aJ74r:,itilart_ ?¢aa,?t?p(Zym 70ff RpAL70f!?1 ?aot I; R•." NM.wwwr• ? ]l `Sit.Lf2; 1-lnvt' /?IC?.c"C.. !`c W IoEG k-•. S,?Z._rc<:'-' P'z.>? -f I? cv KC A, r.r I'?z CVHi.p. 1 ._. _,,.,, uovnnu nnunx QJ vu3/1!5 UJ U7 2UI,7'_; Llrl: JI, 717-'61-'1W-lb .I t ;; W3111 fl Ilra'. ?l4il; I:1 r FAX (AGr 11 i K ?r a FiLk Nu.315 0320 'U2 Q9:bJ fi%- IG1016 oai20i'_onz 1i:1o Y.?l ?S. 7uiz?a7 rcR-13th >r (? -( Fn ?J (.rL? ao (e} Are dune nay ezfe is Ilasy , mduasng st ia?! 0 YLw '.7 Ian C Uakauwu e• OR lI ••yea," C;pLVa: .------...v_..._.. in to G L'zpla!a ally •yot" answer', tda you r? %c in rL'u :wdti . wom ci 4 iniou :epvr, w Wmrot or ccpnir. Ficum dcaeriee TjSe tor- s a tion and ==Of lhc;7toblem. ;me. die "rc sad pmcerl by Wbom h: Work arati done, if lmowa 0 sr --... ....-_.---.. oro.._.?...? u cc I. ADDT.CIaNSlBF3dQDF7S Hu>•a yon =dc x-iy andiritm5. simenrrnt cht? dwr allrrec]on7 to the lrzapert}? ? Yes 13 n u as ll')rct'• deiraibc ad n 17 K. WAT>?. ADtir)?J-F.?'.b1C?iln bd y (a) Wbi?t 4t the !.== of ym drink--V.. ovate? O Yubtic Warc: Q Oa-_`'iw Wx=(wea on hoperry) a, TO n Cemmumry wuer Q Nom, O Other (czvIalo) iu It kb) If your donlinp water source is net poblk; 7i n xvhm. Was ybu7 wa-s Ia.R resmi? ___ Wbst was the rcvlr nfthe rc;¢? 7z .? is uto vumpmg :Yft=1:1 sr0tk4114 onusi Ll Yc; 0 No n TS L "noI" 41p1Sn :............ ,.._... 7e 7s (e) Do you have a snftaaat, filter of other puri5ldon Sys=? ? Ye; 0 No 79 76 if -Ym- is l be iy stoo O l.esmcd 13 ow tscC 76 Tt (a) whac i0 ma 6qe of sesoage al-nmrt^ D Pablic Sca.cr O ind)vidW, 0a-lcc saampp DkPoaal $Y.srem 77 ra O rudivinaii OA-io: Sewagt Disposal Syntmi m Pra%imiry m Well ? Cotamumiry sv%vagr Dingmsol Syasm 70 7% J Icu-acro?=mitiX,co pdoa n vo)dmzTank ? Noar O .7onc.&vmlU- /Yem3itLizics0cwJSF•tfuc w ba If 1rAividna) OR-IM TAI type? U CMOPOd ? Dmmbcld ? Ur&nawn O (h1xr <gwv1fY): a, n Is there a stpoc mak on $o Pmpraty7 C Yar 3 No 0 Uolmown n .9 f -yo," what is the type of.L=k? a Mcrol/stecl ? C.cmmvumcmm a fi!,rmlass ? Urdamwn N RA ?Olbrs(apt-cifY):_.. _._.,. u other typo of xwam_ syirem (eepluin): sa ---- ........... ......._. to [c) When wan rbc on ow sew•Itgc disposal 3y.acm List 3.zvi¢(l2 _„.-.._?. . _,..... ee S3 is them it ZICWW Pump? C Ycs =1 No 17 If yam'." ;9 ir in workng iraier? Q Yes ? No at (g) in niftier the watw or 9ewagc ry sl a sband? n Yea L3 No sr if ?yes.•. acplaln:- , Ch) Are you aware of soy Italy, backup". or oacr 7minlcros x)adeg so a ;y of the p7embiag..•amr, mid towagote7a(ed Stems? yr ? Yea O No c If'yc:.• cxplaiv _ a» 4. PLUPUING 51 Srm m (a) Type of pltmlbidg; ? Copper C Gr.,av rued Q 1r td 0 PVC D T.?nlmown q, yy 0 orber fc;pl,riU: _?_ .w so PT; (h) Are you am= of any problem; wilt ally of your piatubiag furrow (aS,, iodtxling but not lanimd to: 1hchc=, laundry, or bnih- R 41, nx= mucare :; wet bus; hot wnzr heaar, cm)? a fns O Na at n 91 Vqz If ?lla HEA INGA?AM CO.'1MITIONING tea 7q; GJ Type of cr eondidendcr, ? Ceacal 1]eoaic ? Carmel Giza ? Wall D Vona to t Number of wladow unim Irciuded is tale for e (b) 1:,:sr any areas of die Iwuse :tint am nor air coaCidomIat ..,. far laA i (a Type of ImtinX O Lkcvic 0 Fuel Oil U Natnad G*% U ?ropa„ (Oo-site) its 7 me duce wood or cows btuaLnq sSovrc'7 0141 ONO if j+?-r,' nnra marry? _,__ Arc they wot 1dag? ? Yes D No tab i 71 Ace Mem any timplaces? M Yc% 17 No If -Yrr'• how masyl .?_ A= drey wmi}3rer? 0 Yes O No i OC,c rypax ad?satiag nyeramt ("^rt='^}, ...... _..,..___.?._ ._ _ roll 17 (d) lire there arq' 1't•i!eeeys? ? Yes 17 No If -?rcc' how maul"." Atn "hey working? 17) Yt,s CJ No is T, wnno w= 4ry lux` dcancd? ..._? ... ?'? n (e) List wy area" of sbe hcI that are oor JeateL n .... ?_ .__ na n M Types of Water'hmtfng: q mcoric ? tea; 0 Soil r O Ochs _ i7• s (r) Avo y" awmc wf any uculur,+ound furl ""k, on ibc ptopmy7 0 Y'cs ????^ n No tat n il'ycs,° drscails.z __ rv n if roakc atn not owned. ncelaie: ...........__ _. ,. 177 I 1171 (Ill Ara you atrarc of any pmbleraa wi:)l any jmW i1 dli.4 amtioa? ? Yc ? \o _ tit s•in 7f °ycc:' erplai2 _ .............._. .._... .?.____ `~^ t++ i m. Pa; e : of 4 Sallcrfn Tnlslgl ^7 --- Ite d ? u `l-I I IIV I1 II IlV Ilfl 11 lln 10 v114/ Illlj J9i UJ%.!k16 'I It' ail rl i 61 1, q'ici r?• iF I;F:: !i I 1 i-¢;i•11FI?:'?' Pet!v- fl;I Y FIIf iao.ala ^320 '02 09:59 fir: NGE 15, 16 03/ZC/ZO6., 1.1: is PAS 717_6[1405 0 677 tx LL. EC'LRIGLL SY9Tk bi rite you xw r pC any Pobl ans or lcpasn [lulled is the decmust 2y==, LT Y. ] No r7 122 ,3 S?. OTM,:RL'QI*fPNllli*r?ND-'#PPL7?IWCESINCLUDEDLsS.UT: (cumPlctunpjyirAppitcahlo) ,A t7a Stquiptum[ =(I npliiiaDrrn a)a=rely iaeluck:d is lip vale m71 ti de:czninrA by tlcRO6xdoa and n.++xdinr, :o the arIIl::7t Q]G -,24 r:a AC,teernmr Of SII!O- - r: t:6 (a) C3 Lj7 -Lic Cr.Vagc Do= f)p"tr Nn. Uf'itanami[(crn to (b) C3 Srunkc Dclcatnn How rtcry" ? L,cation vn <cl C7 5w,uaryttlffi Sysreva ? Oamrd lJ [ta:.M O I.eate 7nfrnmndrnt._... ?-?.. --_, . ,as tit (d) ? Lawrt Sprluklcr NO. ? Aunnnu» c Tcart tal6 (o) 0 S-L w=g Pon' O Pool He.ucr L7 Spartlot 11.b tan 1a PWWSJ A EQl-ip== (Us* ._... -.........- -_ tat ta; (r) Q 9.chicrsdav O [wive O b,Clclnwa.e Ovrlt 0 D+Abw&-J= ? TYnsh Corppoetae U GabaV DIt11UGA1 trr ,at (rd O Masher 0 Drylrl• 133 tv (h) J Trtrseom iN v; (J ?coalagta°5 No.?_ 123 Orhr= 134 177 tiro fiery itarns in this scctImt in nocd of rn-plic cr rpLlu= a=7 0 Ycs U No C Lawn an 776 Tr-ye3,-C:IT ll[ _.___. 8di1`m 4xtF s) -- - ,, tsa 1_l. LAND (SOMS, IMAX AGL, AND :A (at) lire you uwvc of Ally rIl or expansive aetU or, thc. pcUplxeyl Cl Yes O -No 144 4 (h) Am yuu awzM of any Qldia?7, t4nKR9. --10, luovammr, vphcnvlsL ,1phaldcpcc, ar eArM smbDilS prolx!cras drat y7ve occlumcd or. 141 I'T ar nirca the ptcpcM l ? Yr-a 0 No 142 1491 Nn[a re Etry,lr, the pTaDe7:y'aTay D=flrAfter tO,r?ilL r((h7ldeltet llma[FjG..Nups rl/J41 co1»rlias anG mines taluR'rnLre suhsfdcncc tut ua denagn may occur tmid mire sub7idenec insvrerer. 97e avnLlable thm:tyh Jcpezmlroeui'.L-avi.onmrltnl! Ftmectlon, bl3tlo SubN- tx ta}' dcom Inapt c Fund, 3915 'Waa)tin!'iUa. Road. Lr:ll:wtray, FA 1517 (300) 922-,1478 (w(ct;ia Ytansy1'mtis) or (I:,M1) 9a1-71(]0 tab (°uLadu$can^.,/lvatlm). ,.6 (c.) Art. yca away Of acy 0 i•'ginv, or Proponcd minim;, saip 4a ,;, or only otbcr ==vr,:lnns that mlgla aHart Tbi, ptop=rty" to 1 ? Ycs ? No w Tn vrom kaowledgn. iv :hit, 1nupercy, or putt of 1; locs&a in s :fond uno or wedamb ami,' U 'Yes Q No tae n6 (e) Do you know of ally )nut or pr-tat Laloag¢ m tlcoding ptabl'-^'• Xecl7ag ft prop ory? C3 Ycs ? No ,sn t=i (t) Do yon .khow o, any eacrvaehtDCn1:, bwwdary liar dinpates, or =tcmrste? ? Ym ? No Tt, it: Nom to lbvitrr Mot- pmprrtias have enrc„vnr. ramata acm.Ts darn, for rrriliry :arvfeos and on4e* reason, In many casnl. Ow. in t^TI earcmelttS da JW tt177fc: dte o» finrfry We of fne p7npery. aerf ScrLn n:qy not ho rca.L7y awry. of 'n., Blry.r'r utep' xd,k to tla 1? dcrerrnine the crimmice of aareccrt(s and restricnorts by cramlrnV the prcj .,ny and orderiry nn Acsrr of IZd!e w jWUmhinx 1y ,Q rho Teor'dr in Ac Olfce ezhe Frey tier nfDecd ,fjr ;hc cmouy h for entering Into an Aareemer- ofSadc I= t pJ I you awacc of aaty sbucd or cam vyr anal (v:.C•1 drivcwc}y. bridret, dock6, waW, ctc,) ar mainrulnu,:c ulzecrtltya? Us t7 Yes L7 No is t FspLdn auy "yV.^ - aasarizn dtu; ou give L1 thin va:dan: _' _..._.,....-_ ---?--- r5u 14. 13n w%XDOUS 5XIASTAN'?Cta - - ran (a) Am taxi as-3C Of arsy tmder{mund tanhl (ftu taua feel. L oks) ar b--rdw+ sabctaWca p[ao= on Tho property (stiumne ar 3oi)) 161 ,tack L5, but vol Tiraited to. albc=l, Pnlycbinrin-sr-,d bipL•:nyls (FCBr), Ureaf®nldehyde Pam inaolcman cm? tau Yes O No tat (b) 1b ymn knowiodgc, bus the property has tcas.-t157r way' hLUrdYtm mbmmccsT ? Y:.7 U No tar (c) Lo you ]mo• ri ally arher.,nvirenu7roeJ ^oam7i5 rhal might impm:l vyon No propestyl 0 Yc C1 Na 106 Pxpiwu any -yes- anstacts thar y,= give in this snclzn: _r._._.. _ ,w, ipa (d) Do you b:oa of mmy, wim t'or:udms Sw thnt have h°ra.pevlonnud b any buildings pn Me property' ? 'Yes 1.1 No 763 :1SY^ YL"r .: irst dnrc, rypc, and r_suL.c c)'aLl met, bclev. in pa 11.rn T'rW or T=ar Rrr-=, (pticoeltrled'drer or wocldnr, levels) Nw M or Trxmc; SMMa 170 1:11•, ,... __ ..,. ..__.... m _--_?.._.._..._._,-. _? . ._.. -...._ 117 a (e) Ate you n'I r i vny radon fatu va 4Sy:Zeal 0a l:Ke ptnperq ('.1 Ye7 r1 No ,Ta If Litt dare inmll.+l And type ?f sy,r:nl, IIOJ r?LetbaC 1:' is iS wnl3ing ntt1K br_lnw: 175 'ra D,m.Jv6rxr •= TY.w or Svcr. r MOO Wm Woaznc L%=pt ns IFF ._ _ .....?-._... ? Ycs Q F? +n 1?7s ..,.......- ._.-_ - O Ycs ? No :Ta ..,.._ CJ Yee ? No "s _ tw Page 3 ord., Sellerlt 7aitiola. ??I?c Ml1N'AHO HAMIA [? VIiS/IP! j s: ri ti; i9:9 :gfl. 1C?: ; ra -1 -..7G1 ].a')S ?. 1c,;; n 9 rr:: P1LE'ida_315 0j:20 'Or' 10:00 TD: [=GX= PAGC 1.6, jr, c.3i20iz002 11:17 r-%T_ -.;.7. TKI141C JGft-ttii --; -G ?o1s t (r) LC pMMy vey: ssvbnruJ. a: a vt[uctiuu began, be;oro 1973, ton uamt Ji?Javc our [sowtatita of Ined-bated pain[ an the its rru rropcay. Arc von vial--of uuy Itntl-bated ?a!rr oz hied-based paint baMZdc em rba!mrpctty7 0 Yes ? No tw 7a[ If •yra." tzjpltia hoer'' you kuow of it whr..e it in, and The coodiien of [!urn lcod-based pain, surE+eee: .... _.r. "I?..?? 7u to wr (r) If property was coasrrnct;Q or if wosoueriou began, beftut 1973. yea must. ..dose any report) or ioootda of 1ca.7-bee d pej7z tar in or Iee.(-bstcd print )a MW-.: On [be lr-apeay. Are you :awl of very sepo:'S nr records regarding lead-bxwA nara: or Ieatt. vie:il lax na ;,:,in[ hhmadr, on :6n )xnpecry' ? Yc i D Na rno ro9 li 7?" lie nIl a?:ritble tcporn and reoortL•: _ .... _.__ tag Tar _. I= 15_ W.MDOM 'VriM-4 AND CYI'EiERUOly E0wA-IMASSOCLI:L'XGNS (Campldt nab if aDpiicable) ;r im ,Type; ? Condomin3art ? CDapesAi,e ? [lo[ttoownr: At;trdaoon <a Phonon-- Ctmwtlairy tss rte Other _ _- 134 ins .Yorke rr30ldirp Candmrcrriums, Cnq ayatlves, and PJaxnadCbmima otex Aereviiing :o Seedmt 3407,f she Urworm Condo- rt9 Joe nuniternAcr (r3 pa. C.S. §.?407 /rc/mng ro reu: e -(intro) u.ui 68 Pa C_S, y4409 rrrlunrrr to nesak of cooperative fnar,,em.' anef 791 V97 Sv=wn Js07 Vj'rhr Urafvlm P'mared aotn tmf* Acr [GA P.^, CS. §S.X7 (relwLtig :a mrale of toritr)f, a L.grr °fa rrraod, Wir !n a lot 198 aordonrlnr[m; mnperanve• or planacd comrcwrily nd.,,T ercIe a copy of :he deelarasfem (other Than the plrar and plant-J, the by. in rot lases, the rules ur raRd4rans, M a !.:R(flatron of resale ur."d by drat ¢rlv,:Zzdon bt rAe carY&Mbtiunt fDOjWn ufvK orpldrn ad tarn- In,J no nwn(r't Zhe b:.yer WX hove the aptier: of canceling rAe aA?,, rrawwith the mnen of "a deposit ntardes rand] dec cnrrfricase )tart bean tag tkt provide.-d to the bayo, and jnr irve days rher?f. er a. muff cmWryamce, whichever orner_^ fist 101 Jlq 16. YUSMI,ANYOUS an t (3) At'e you avmar of any historic p=crvJ&d u =micuu,. ur rdiExact; or atehtnteplrrl dc•iCnatiem wareisaal with $e fuopony7 m+ a ? Yes ? No ere. {b) pre you a•n[n, of Sony cra.7ing of 1-hr eatr_od L-gll ac Zion tt%octyg Qr. p[opemP i] Yc3 ? No an (e) Do you know of my vidlatiooa of feaciAL sure, or local Iowa or mrvl.dois mating to d L% p[oppcriyi ? Yea a No zw 1[r (Z) Am you sgraro of ate, public invitrvcrEent crn7dMnin:.nr Or hnmevw[xt Y.,sltirilon 3=11Tuenn 11g;U= 6e pevpaty COE "Cluain )91 ay ; aminrid or. of any "O7,16mu of.roning, hunting. building. sere y or fire isrdittapeak dull Ieg[aia tmcanactcd? O Yc+ Q No too c_) Are you awa'a of any j ru udp oivoc. ou nuxbrsa= lien (fcr rsurip)e. ca-mzlc r or equity !ova), ovtrtloo pa[yEtimu. ou x mVprat ohli- =av tivu. Of omrr dcltr a711.1117r this gropety rba: natant bn aadarzed by the P==&I of :hit Abe. CJ Yes - ? ,)o r+e r:l; M Art You rare or:my rnvars. inclartkingr a ck-,5 : a d•.le, rh,¢ would ptevcor you uem y)yjza a warlan{y deed of coawyf-- t!&-!b am . 7 nr, propotty? ? Yes ? X0 Ila tta, (_;} Are you swdtt of any n! de#cr; to tar,pmpary, rielling, orfixtuts s bib = nor djrclxed dsewFsnt oa this form.- as ac D Yon ? No ;u :r6 A usnazi l dci5:cc is a problem wi© the pntpe[ty a any ponka or it Mir would bave a sip; fiicata[ blvd- impact On for value of ro ne the rr Adrrmal real property or )bat involver) an iim ;ajoahliv &L to people on thin innd t Ili Faplaia any yri- acpe,= ther you give is der accdon:- _ ... MT -no eta j The underi;i ped Seller repr rapata that tDt tntormatgoaz x2 tarttD i0 thin rllsdostfrv t:ta7Y.p7.elit is accumn a avid eorweha to Ibe bastoi tiq of Wcr'9 +smuwlcdgc Senn Dcr•r[hg mtthenfxJ rDe lia6ng J3stgker co pro?idt rhia fnforfnadap tO ptoapeesive bayrut erthe projs- Izv 7 orgy, a0d to other real warts ticcaaors. SELUM ALONG I5 II6W, 74SMT r FOR THE ACCURACY OF Tf1F MPOKKAnoN s^ ;yt ClINTAPH-M LN TIIT.S SL12E1MI1Wr Solver :ball c3lrSC BMW to be notiSal In writing err any i[dorma>?nn srrpplltal. an -Lis Ibrtn izr which is trndereq lnacrarrate by s rLsn>ye is the aondilioa of the Properry fbIl?," _ *Go form. _ s:a ?` J ?? n WI2`ti7FSS - s'LL$R DATE Z- W1TN8SS _ SL•41.'NIt DAM, WITNESS SETT Flt ~ L3v C DATE as Iy E'[EI:IJTOIi. AMNUNJ 5 MLTO& TRRW9R CX TURS WAOCK as Aeriaoina ra ftjff sinner of PK'Rral e.nre tello• D;trtomm not' der UD&21 ,ooeXecogt,aaxlnle?at[L^e:UWM it >mttagol:aw» AM oar,5d10S hoopov ?371 !i:abrn.er -%gtv` eG 71" encmX, .luuaif¢ W err uu1= mast. hnang.li 39 97I^1nar.n MU"W dr6,er , of the oMpar)t D .-..,.. ssa The fait RECEIPT AGNOaZBD 'O'YIBYsIIYFR o --.r+.+tr....a Ost mla =r >)(t Lies ? Hadar e c,,ro Wpm -we pt ..t ,oi. nivietw. Sraln, in z goya orb,go.e,mr ar.r Yw• -'•w o ear Ze„ Sit is Vic nlw o, cara[aei this- to t a•9ae•'^v .a:• en'P•aty m m vacem cm aiddtdu. Ya 6IIq.,?. «•rpoaef6a py 7h oWp• Ivmcglr,c eQU - ftx oEth6vw city. jenyer may rnlaea.toxt Me prvgerp•b.lmpnr.e,.tEeyar•7 axpa.w vadrn•thw ? artur ar M aume.menry fit IIQS'F:R nnTF: (t :u jSrt:c 4 ore tY ?f? <, ?, ,; , .+. • , SAUL EWING LLP Paige Macdonald-Matthes, Esquire Pa. Atty I.D. No. 66266 Penn National Insurance Plaza 2 North Second Street, 7t' Floor Harrisburg, PA 17101 (717) 238-7675 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL NOTICE TO PLEAD To: Hitesh Suri, Rama Suri and Satish Suri c/o Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 122021.1 30106 Date: March _j_, 2006 (717) 238-7675 Attorneys for Jack Gaughen, Inc. and Keith Sealover 12202 1 1 3/7/06 7- SAUL EWINC LLP Paige Macdonald-Matthes, Esquire Pa. Arty I.D. No. 66266 Penn National Insurance Plaza 2 North Second Street, 7" Floor Harrisburg, PA 17101 (717) 238-7675 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL DEFENDANTS, JACK GAUGHEN, INC. AND KEITH SEALOVER'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PROTECTIVE ORDER AND NOW, come Defendants, Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover (hereinafter collectively "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, and file their Preliminary Objections to Plaintiffs' Complaint and in support thereof, aver as follows. PRELIMINARY OBJECTION TO COUNT II-LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) PA R.C.P. 1028(a)(4) In Count II of their Complaint, Plaintiffs set forth an alleged claim of negligence against the Gaughen Defendants. 1226211 3/7/06 2. In order to successfully plead a cause of action in negligence, Plaintiffs must plead that the Gaughen Defendants owed Plaintiffs a duty and breached that duty. 3. In support of their claim for negligence Plaintiffs aver that the Gaughen Defendants "have various duties to Plaintiffs under the Real Estate Licensing and Registration Act." Plaintiffs provide no citation to the provision of the Real Estate Licensing and Registration Act that the Gaughen Defendants allegedly violated. The Pennsylvania Real Estate Licensing and Registration Act, 63 Pa. C.S. §455.101 et seq. ("the Act") sets forth the duties and responsibilities of real estate brokers and salespersons ("licensees"). Pennsylvania law requires real estate brokers and licensees to advise consumers of the business relationships permitted by the Act. The business relationships permitted by the Act are set forth in the "Consumer Notice," which is provided to the consumer at the first contact where a substantive discussion about real estate occurs. The Consumer Notice has been adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 5. The Consumer Notice sets forth ten (10) specific duties that a licensee owes the consumer in a real estate transaction, including, inter alia, the duty to exercise reasonable professional skill and care which meets the practice standards required by the Act, and the duty to advise buyers to seek expert advice on matters that are beyond the licensee's expertise. Contrary to Plaintiffs allegations, however, there is no specified duty under the Act for a broker or licensee to ascertain whether the Property suffered any material, substantial latent defects not readily available to a prospective purchaser. 7. Plaintiffs have failed to identify the legal authority which supports their contention that the Gaughen Defendants knew or should have known about the alleged condition of the Property. 1220211 3/7/06 -2- Absent a showing of a legal duty and subsequent breach of that duty, Plaintiffs cannot sustain their cause of action in negligence against the Gaughen Defendants. 9. In paragraph 41 of their Complaint, Plaintiffs aver that "The actions of Sealover and Gaughen in failing to discharge their duties to Plaintiffs were grossly negligent and willful." Plaintiffs fail to plead any facts that would support of this contention. 10. As Plaintiffs have failed to plead any facts that would evidence the Gaughen Defendants' conscious indifference or heedless and reckless disregard, Plaintiffs cannot support their cause of action against the Gaughen Defendants for "gross negligence." WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court sustain their preliminary objection, dismiss Count II of Plaintiffs' Complaint with prejudice, dismiss Plaintiffs' punitive damage claim, and further award the Gaughen Defendants all such other relief as is proper and just. PRELIMINARY OBJECTION TO COUNT II-LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) PA R.C.P. 1028(a)(4) 11. The averments set forth in paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth at length. 12. In the ad adamnum clause of their Complaint, Plaintiffs are requesting relief, inter alia, in the form of punitive damages. 13. As Plaintiffs are unable to sustain their negligence claims against the Gaughen Defendants, Plaintiffs claim for punitive damages must be dismissed. 14. Plaintiffs have not plead any facts which would demonstrate intentional, willful, wanton or reckless conduct. Moreover, Plaintiffs have not pled any facts which would 1220211 3/7/06 -3- demonstrate that the Gaughen Defendants acted in an outrageous fashion due to either evil motive or reckless indifference. Consequently, Plaintiffs claim for punitive damages must be dismissed. WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court sustain their preliminary objection, dismiss Count II of Plaintiffs' Complaint with prejudice, dismiss Plaintiffs' punitive damage claim, and further award the Gaughen Defendants all such other relief as is proper and just. PRELIMINARY OBJECTION TO COUNT 11-FAILURE TO PLEAD WITH SUFFICIENT SPECIFICITY PA. R.C.P. 1028 (a)(3) 15. The averments set forth in paragraphs 1 through 14 are incorporated herein by reference as if more fully set forth at length herein. 16. In paragraph 32 of their Complaint, Plaintiffs aver that "Although they were acting as agents for the Dashes, Sealover and Gaughen also have various duties to Plaintiffs under the Real Estate Licensing and Registration Act." Plaintiffs fail however, to provide citation to the relevant provisions of the Act which support Plaintiffs contention that the Gaughen Defendants had "various duties to Plaintiffs". 17. In paragraph 34 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Water Runoff Problem." No response required. Plaintiffs fail however, to identify any facts supporting their bald assertions. 18. In paragraph 35 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Apartment Zoning Problem. Again, Plaintiffs fail to identify any facts which would support this bald assertion. 122021.1 3/7/06 -4- I 19_ In paragraph 36 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Heating System Problem." Plaintiffs fail however, to identify gLny facts which would support this bald assertion. 20. In paragraph 41 of their Complaint, Plaintiffs aver that "the actions of [the Gaughen Defendants] in failing to discharge their duties to Plaintiffs were grossly negligent and willful." Plaintiffs fail however, to identify the specific duties that the Gaughen Defendants "failed to discharge". 21. In the absence of a specific pleading, the Gaughen defendants are unable to respond to the allegations raised by Plaintiffs in their Complaint and a request for a more specific pleading is hereby made. WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court dismiss the Plaintiffs' Complaint with prejudice, and further award the Gaughen Defendants all such other relief as is proper and just. Respectfully Submitted, Paige Macdonald-Matthes, Esquire` Attorney I.D. # 66266 SAUL EWING, LLP 2 North Second Street, 7U' Floor Harrisburg, PA 17111 (717) 238-7675 Attorneys for Jack Gaughen, Inc. and, and Keith Sealover Date: March ?, 2006 122021 1 3/9/06 -5- VETLTFTCATTQN I, Karen Stone, Executive Vice President, Jack Gaughen Realtor ERA, being subject to the penalties of 18 Pa. C- S, §4904 relating to unswom falsification to authorities, hereby state that the facts set forth in Defendants' Jack Gaughen Realty ERA, Karen L. Starr and Michael West Preliminary Objections to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. 4Karc Stone Date: February, 2006 ?,Ml 1 1124ro, VERIFICATION 1, Keith Sealover, Agent, Jack Gaughen Realtor ERA, being subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, hereby state that the facts set forth in Defendants' Jack Gaughen Realty ERA, Karen L. Starr and Michael West Preliminary Objections to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. Keith Sealover Dated: February ?, 2006 121MI 1 vi CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this l' day of March, 2006, I served a true and correct copy of the foregoing Preliminary Objections to Plaintiffs' Complaint, via U.S. First Class Mail upon the following: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs James L. Goldsmith, Esquire Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M Detweiler, Inc. t1d1b1a Howard Hanna Detweiler Realty and Hillary Bitting l _? n ) 1 ?l Paige Macdonald-Matthes 122021.1 9/7/06 A SAUL SWING LLP Matthew M. Haar, Esquire Pa. Atty I.D. No. 85688 Penn National Insurance Plaza 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7508 ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants WITHDRAWAL AND ENTRY OF APPEARANCE ON BEHALF OF DEFENDANTS JACK GAUGHEN, INC. and KEITH SEALOVER TO THE PROTHONOTARY: Please withdraw my appearance on behalf of defendants Jack Gaughen, Inc., individually and t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover. Respectfully submitted, Dated: March 29, 2006' P Paige Macdonald-Matthes, Esquire Saul Ewing LLP 2 North Second Street, 7"' Floor Harrisburg, PA 17101 717-238-7675 TO THE PROTHONOTARY: Please enter my appearance on behalf of defendants Jack Gaughen, Inc., individually and t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover. Respectfully submitted, Dated: March 29, 2006 / ? a he . aar, squire Attorney ID No. 85688 Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover CERTIFICATE OF SERVICE I hereby certify that on March 29, 2006, 1 served a true and correct copy of the foregoing Withdrawal and Entry of Appearance via first class mail, postage prepaid upon the following counsel of record: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs James L. Goldsmith, Esquire Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C. M. Detweiler, Inc. t/dlb/a Howard Hanna Detweiler Realty and Hillary Bitting V Mat ew 1?4ar 122770 1112W06 SAUL EWING LLP Matthew M. Haar, Esquire Pa. Arty I.D. No. 85688 Penn National Insurance Plaza 2 North Second Street, 7" Floor Harrisburg, PA 17101 (717) 257-7508 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/bla HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants NOTICE TO PLEAD To: Hitesh Suri, Rama Suri and Satish Suri c/o Albert J. Hajjar, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiffs' Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully s b itt d, Dated: March 29, 2006 ??- atthew . Haar, Es ulre (85688) Saul Ewing LLP 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 122718.1]/29106 SA UL EWING LLP Matthew M. Haar, Esquire Pa. Any I.D. No. 85688 Penn National Insurance Plaza 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 257-7508 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants PENNSYLVANIA CASE NO. 04-6039 CIVIL PRELIMINARY OBJECTIONS BY DEFENDANTS JACK GAUGHEN INC. AND KEITH SEALOVER TO PLAINTIFFS' COMPLAINT Defendants, Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, file these Preliminary Objections to Plaintiffs' Complaint. By way of clarification, Plaintiffs filed their Complaint on February 21, 2006, and Defendants had twenty (20) days, or until March 13, 2006, to respond. See Pa. R. Civ. P. 1026(a). On March 9, 2006, the Gaughen Defendants timely filed Preliminary Objections to Plaintiffs' Complaint, but incorrectly titled the document "Defendants, Jack Gaughen, Inc. and Keith Sealover's Memorandum of Law in Support of Motion for Protective Order." Undersigned counsel spoke with the Prothonotary on March 29, 2006 regarding how to correct 122778 1 3/29/06 this error, and the Prothonotary suggested that the Gaughen Defendants simply refile the document. In response to that directive, the Gaughen Defendants file the within Preliminary Objections, which are identical to the Preliminary Objections filed on March 9 (with the obvious exceptions of a corrected title, this introduction, and different counsel). PRELIMINARY OBJECTION TO COUNT II-LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) PA R.C.P. 1028(a)(4) In Count II of their Complaint, Plaintiffs set forth an alleged claim of negligence against the Gaughen Defendants. 2. In order to successfully plead a cause of action in negligence, Plaintiffs must plead that the Gaughen Defendants owed Plaintiffs a duty and breached that duty. In support of their claim for negligence Plaintiffs aver that the Gaughen Defendants "have various duties to Plaintiffs under the Real Estate Licensing and Registration Act." Plaintiffs provide no citation to the provision of the Real Estate Licensing and Registration Act that the Gaughen Defendants allegedly violated. The Pennsylvania Real Estate Licensing and Registration Act, 63 Pa. C.S. §455.101 et seq. ("the Act") sets forth the duties and responsibilities of real estate brokers and salespersons ("licensees"). Pennsylvania law requires real estate brokers and licensees to advise consumers of the business relationships permitted by the Act. The business relationships permitted by the Act are set forth in the "Consumer Notice," which is provided to the consumer at the first contact where a substantive discussion about real estate occurs. The Consumer Notice has been adopted by the State Real Estate Commission at 49 Pa. Code §35.336. The Consumer Notice sets forth ten (10) specific duties that a licensee owes the consumer in a real estate transaction, including, inter alia, the duty to exercise reasonable 122778 1 3129/06 _2_ professional skill and care which meets the practice standards required by the Act, and the duty to advise buyers to seek expert advice on matters that are beyond the licensee's expertise. 6. Contrary to Plaintiffs allegations, however, there is no specified duty under the Act for a broker or licensee to ascertain whether the Property suffered any material, substantial latent defects not readily available to a prospective purchaser. Plaintiffs have failed to identify the legal authority which supports their contention that the Gaughen Defendants knew or should have known about the alleged condition of the Property. 8. Absent a showing of a legal duty and subsequent breach of that duty, Plaintiffs cannot sustain their cause of action in negligence against the Gaughen Defendants. In paragraph 41 of their Complaint, Plaintiffs aver that "The actions of Sealover and Gaughen in failing to discharge their duties to Plaintiffs were grossly negligent and willful." Plaintiffs fail to plead any facts that would support of this contention. 10. As Plaintiffs have failed to plead any facts that would evidence the Gaughen Defendants' conscious indifference or heedless and reckless disregard, Plaintiffs cannot support their cause of action against the Gaughen Defendants for "gross negligence." WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court sustain their preliminary objection, dismiss Count II of Plaintiffs' Complaint with prejudice, dismiss Plaintiffs' punitive damage claim, and further award the Gaughen Defendants all such other relief as is proper and just. 122778 1 329/06 -3- PRELIMINARY OBJECTION TO COUNT II-LEGAL INSUFFICIENCY OF PLEADING (DEMURRER) PA R.C.P.1028(a)(4) 11. The averments set forth in paragraphs 1 through 10 are incorporated herein by reference as if more fully set forth at length. 11 In the ad adamnum clause of their Complaint, Plaintiffs are requesting relief, inter alia, in the form of punitive damages. 13. As Plaintiffs are unable to sustain their negligence claims against the Gaughen Defendants, Plaintiffs claim for punitive damages must be dismissed. 14. Plaintiffs have not plead any facts which would demonstrate intentional, willful, wanton or reckless conduct. Moreover, Plaintiffs have not pled any facts which would demonstrate that the Gaughen Defendants acted in an outrageous fashion due to either evil motive or reckless indifference. Consequently, Plaintiffs claim for punitive damages must be dismissed. WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court sustain their preliminary objection, dismiss Count II of Plaintiffs' Complaint with prejudice, dismiss Plaintiffs' punitive damage claim, and further award the Gaughen Defendants all such other relief as is proper and just. 122978.1 3129/06 -4- PRELIMINARY OBJECTION TO COUNT II-FAILURE TO PLEAD WITH SUFFICIENT SPECIFICITY PA. R.C.P. 1028 (a)(3) 15. The averments set forth in paragraphs 1 through 14 are incorporated herein by reference as if more fully set forth at length herein. 16. In paragraph 32 of their Complaint, Plaintiffs aver that "Although they were acting as agents for the Dashes, Sealover and Gaughen also have various duties to Plaintiffs under the Real Estate Licensing and Registration Act." Plaintiffs fail however, to provide citation to the relevant provisions of the Act which support Plaintiffs contention that the Gaughen Defendants had "various duties to Plaintiffs". 17. In paragraph 34 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Water Runoff Problem." No response required. Plaintiffs fail however, to identify any facts supporting their bald assertions. 18. In paragraph 35 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Apartment Zoning Problem. Again, Plaintiffs fail to identify any facts which would support this bald assertion. 19. In paragraph 36 of their Complaint, Plaintiffs aver that the Gaughen Defendants "knew or should have known about the Heating System Problem." Plaintiffs fail however, to identify anny facts which would support this bald assertion. 20. In paragraph 41 of their Complaint, Plaintiffs aver that "the actions of [the Gaughen Defendants] in failing to discharge their duties to Plaintiffs were grossly negligent and willful." Plaintiffs fail however, to identify the specific duties that the Gaughen Defendants "failed to discharge". 122778.1 3/29/06 -5- 21. In the absence of a specific pleading, the Gaughen defendants are unable to respond to the allegations raised by Plaintiffs in their Complaint and a request for a more specific pleading is hereby made. WHEREFORE, the Gaughen Defendants, jointly and severally respectfully request that this Honorable Court dismiss the Plaintiffs' Complaint with prejudice, and further award the Gaughen Defendants all such other relief as is proper and just. Respectfully Submitted, Dated: March 29, 2006 kHaZ?squire Matthew MAttorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7`h Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 122779 1 3/29(06 -6- VERIFICATION 1, Karen Stone, Executive Vice President, Jack Gaughen Realtor ERA, being subject to the penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities, hereby state that the facts set forth in Defendants' Preliminary Objections to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. "Karen Stone Date: March 29, 2006 ? i1Ytx. i 3i}9N6 CERTIFICATE OF SERVICE I hereby certify that on March 29, 2006, I served a true and correct copy of the foregoing Preliminary Objections via first class mail, postage prepaid upon the following counsel of record: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs James L. Goldsmith, Esquire Douglas K. Marsieo, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting la . Haar 122798.1 3,29/06 r, _., ; ?- - = _ _, ?, ' ? __, .. - , ; ' - ; . ?, r. .. HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants Civil Action - Law DEFENDANT'S C.M. DETWEILER INC. INDIVIDUALLY AND TRADING AS HOWARD HANNA DETWEILER REALTY AND HILLARY BITTING'S PRELIMINARY OBJECTIONS TO COMPLAINT FAILURE TO ABIDE BY AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION On February 21, 2006, the Plaintiffs filed a Complaint against the Defendants. Attached to the Complaint as Exhibit E is a Standard Agreement for the Sale of Real Estate governing the transaction that is the basis for this law suit. Within the Agreement of Sale, all parties to the Agreement of Sale, including the Pennsylvania Licensed Real Estate Brokers, agreed to submit any dispute or claim arising from the Agreement of Sale to mediation in accordance with the Rules and Procedures of the Home Seller/Home Buyer Dispute Resolution System. 4. The Plaintiffs have failed and/or refused to participate in mediation prior to the filing of the instant Complaint. 5. It is respectfully requested this Honorable Court enforce the express language of the Agreement of Sale and compel all parties to participate in a mediation of this dispute. 6. It is requested that this matter be stayed pending the outcome of the mediation. WHEREFORE, Defendants C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting grant its Preliminary Objections and compel the Plaintiffs to submit this matter to mediation pursuant to the terms of the Agreement of Sale. Respectfully submitted, r' Date: Marsico, Esquire .D. No. 69804 th Front Street Q. PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting CERTIFICATE OF SERVICE I certify, that I am this day serving a copy of the foregoing document upon the person(s) 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Paige Macdonald-Matthes, Esquire Saul Ewing 2 North Second Street 7`h Floor Harrisburg, PA 17101-1604 Umakant Dash and Kalyane Dash 310 Connor Circle Sacramento, CA 95835 By:, Date: 3 J ?? 100095 Respectfully submitted, D. N/6. 69804 . orth'1~'ront Street burg, PA 17110-1533 232-7661 - Phone 232 - 2766 - Fax Attorneys for Defendants C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting 3 HITESH SURL RAMA SURI and SATISH SURL Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT FILED BY DEFENDANTS JACK GAUGHEN, INC. AND DEFENDANT KEITH SEALOVER MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAW AND RULES OF COURT 1. Defendants' Preliminary Objections to Plaintiffs' Complaint consist of three objections, two of which are in the nature of objections on the ground of legal insufficiency of Plaintiffs' Complaint and the third is in the nature of an objection for failing to plead the Complaint with sufficient specificity. 2. Each of Defendants' objections are supported by allegations of fact with a notice to plead. 3. It is improper for Defendants to support their objections by allegations of fact and it is improper for Defendants to require Plaintiffs to plead to Defendants' allegations. WHEREFORE, Defendants' Preliminary Objections should be overruled and Defendants directed to file an Answer to Plaintiffs' Complaint. Respectfully submitted< April 19, 2006 a e . Hajjar ttorney for Plaintiffs I.D. No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 2 HITESH SURL RAMA SURI and SATISH SURI. Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hagar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Paige Macdonald-Matthes Saul Ewing 2 N. Second Street - 7"' Floor Harrisburg, PA 17101-1604 James L. Goldsmith, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 April 19, 2006 _ r- > _. "il -? -1- -?. n1 7 _ ?.? HITESH SURI. RAMA SURI and SATISH SURI. Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT FILED BY DEFENDANTS C. M. DETWEH ER INC. AND DEFENDANT HILLARY BITTING MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAW AND RULES OF COURT 1. Defendants' Preliminary Objections to Plaintiffs' Complaint contain allegations of fact not supported by any verification. 2. Defendants' objections contain a Notice to Plead. 3. It is improper for Defendants to base objections on allegations of fact not of record unless those objections are properly verified according to Rules of Court. WHEREFORE, Defendants' Preliminary Objections should be overruled and Defendants directed to file an Answer to Plaintiffs' Complaint. Respectfully submitted, April 19, 2006 *Attoyntiffs T.D. No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax:(717) 761-3446 Page 2 HITESH SURI. RAMA SURI and SATISH SURI.. Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY. HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Paige Macdonald-Matthes Saul Ewing 2 N. Second Street - 7"' Floor Harrisburg, PA 17101-1604 James L. Goldsmith, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 April 19, 2006 ;? , c; ?y,: PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC., individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants State matter to be argued: ------------------------------------------------------ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-6039 Civil Civil Action - Law a) Preliminary Objections by Defendants Jack Gaughen, Inc. and Keith Sealover to Plaintiffs' Complaint (filed March 30, 2006); b) Defendants C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting's Preliminary Objections to Complaint (filed March 31, 2006); c) Plaintiffs' Preliminary Objections to the Preliminary Objections to Plaintiffs' Complaint Filed by Defendants Jack Gaughen, Inc. and Defendant Keith Sealover (filed April 19, 2006); and d) Plaintiffs' Preliminary Objections to the Preliminary Objections to Plaintiffs' Complaint Filed by Defendants C.M. Detweiler Inc. and Defendant Hillary Bitting (filed April 19, 2006). 2. Identify counsel who will argue case: a) for plaintiff. Albert J. HaJar Address: 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17042 b) for defendant: Douglas K. Marsico Address: Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 (for Defendants C.M. Detweiler Inc. and Hillary Bitting) for defendant: Matthew M. Haar Address: Saul Ewing LLP 2 N. Second Street, 7t' Floor Harrisburg, PA 17101 (for Defendants Jack Gaughen, Inc. and Keith Sealover) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 Dated: April 26, 2006 c Attorney for Defendants Jack Gaughen, Inc. and Keith Sealover -2- CERTIFICATE OF SERVICE I hereby certify that on April 26, 2006, I served a true and correct copy of the foregoing Praecipe for Listing Case for Argument via first class mail, postage prepaid upon the following counsel of record: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs James L. Goldsmith, Esquire Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting atthew M. Haar ?-, ,?, l:,.J i C. c? -- ?. -ry =-? T_ .. ,. -- "? ?? --? t _ _? t? 3 v _ ?'! ?!" y _- ,= ?.a -.. ? ..,- HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-66039 Civil Civil Action - Law PRAECIPE FOR REISSUANCE OF WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned action. May 3, 2006 .omWor Plaintiffs No. 07069 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17042 Tel: (717) 761-4115 Fax: (717) 761-3446 c? VIA w j r ; HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law PRAECIPE It is respectfully requested that the Attorney Verification of Douglas K. Marsico, Esquire be attached to C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting's Preliminary Objections filed on March 31, 2006. Respectfully submitted, eNo. 69804 Front Street PA 17110-1533 ('117) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants, C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting Date: , 101382 VERIFICATION AND NOW comes, Douglas K. Marsico, Esquire, who as counsel for the Defendants C.M. Detweiler Inc. individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting authorized to make this Verification on Defendants' behalf. I verify that the information contained in the foregoing document is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respectfully submitted, 804 No. 69 363 Front Street H PA 17110-1533 ) 232-7661 - Phone F (717) 232 - 2766 - Fax Attorneys for Defendants, C.M. Detweiler Inc. individually and trading as Howard Hanna Date: Detweiler Realty and Hillary Bitting ? /? t? 6 - u _ r. ^T G) O tiE =M1? `?7 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE PRELIMINARY OBJECTIONS FILED BY THE DEFENDANTS BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this 'Z'- day of July, 2006, the preliminary objections of the plaintiffs to the preliminary objections of the defendants, C. M. Detweiler, Inc., Hillary Bitting, Jack Gaughen, Inc. and Keith Sealover, are DENIED. BY THE COURT, A tit-, Kevin/{. Hess, J. t ?• O w :C' 1A 07 Albert J. Hajjar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Matthew M. Haar, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash 3748 Gresham Lane Sacramento, CA 95835-2064 Am r r y HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs Hess, J. VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS, C.M. DETWEILER, INC., AND HILLARY BITTING BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this Z? ? day of July, 2006, the preliminary objections of defendants, C. M. Detweiler, Inc. and Hillary Bitting, in the nature of a motion to compel mediation, are DENIED. BY THE COURT, ?bert J. Hajjar, Esquire For the Plaintiffs Auglas Marsico, Esquire 1 For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting n r?? r 0 Matthew M. Haar, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover kakant and Kalyane Dash 3748 Gresham Lane Sacramento, CA 95835-2064 :rlm HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: PRELIMINARY OBJECTIONS OF DEEFENDANTS JACK GAUGHEN REALTOR ERA AND KEITH SEALOVER BEFORE HESS, OLER AND EBERT, J.J. ORDER AND NOW, this Z0 ^ day of July, 2006, because a ruling on preliminary objections requires the court to accept all averments in the complaint as true, we are satisfied that a ruling on the defendants' demurrer is better left to a later stage in these proceedings and, accordingly, the preliminary objections of defendants Jack Gaughen Realtor ERA and Keith Sealover in the nature of a demurrer are DENIED. BY THE COURT, n^ op? Y Albert J. Hajjar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting Matthew M. Haar, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash 3748 Gresham Lane Sacramento, CA 95835-2064 Am HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law NOTICE TO PLEAD TO: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Matthew Haar, Esquire Saul Ewing 2 North Second Street, 7s' Floor Harrisburg, PA 17101-1604 Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 YOU ARE HEREBY NOTIFIED, that the Answer with New Matter and Counter-Claim set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. CALDWELL & KEARNS By: Date: August 28, 2006 o. 69804 V23 Front Street urg, PA 17110-1533 32-7661 - Phone Attorneys for Defendants C.M. Detweiler Inc, individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law ANSWER WITH NEW MATTER Admitted. 2. Denied. After reasonable investigation, answer Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment. 3. Denied. After reasonable investigation, answer Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment. 4. Denied. After reasonable investigation, answer Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment. Admitted in part. The allegations contained in paragraph 5 are admitted as to the time of the transaction. However, Defendants C.M. Detweiler, Inc. no longer does business as Howard Hanna Detweiler Realty. 6. Admitted. 7. Admitted. Admitted. Admitted. 10. The document speaks for itself. 11. Admitted. 12. Admitted. 13. Denied as stated. Defendant Bitting merely referenced the information provided by Defendant Gaughen in the MLS listing. 14. Denied as stated. It was admitted that Bitting showed the Plaintiffs the property description document provided by Defendant Jack Gaughen. The document speaks for itself. 15. Denied as stated. It is admitted that seller did not have immediately available a Seller Property Disclosure Statement. However, a Seller Property Disclosure Statement was later provided to the Plaintiffs. 16. Admitted. The agreement speaks for itself. 17. Admitted. 18. Denied as stated. The Seller Property Disclosure Statement was provided prior to settlement, but it was not signed by the Plaintiffs until the day of settlement. 19. The document speaks for itself and any characterization of the same is strictly denied. 20. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. 21. Denied. The allegation in paragraph 21 is a legal conclusion to which no answer is required. 22. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. 23. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. 24. Denied. The allegation in paragraph 24 is a legal conclusion to which no answer is required. 25. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. 26. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. 27. Denied. The allegation in paragraph 27 is a legal conclusion to which no answer is required. 28. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truthfulness of this averment, and therefore, the same are hereby denied and strict proof thereof is demanded at trial. COUNTI 29-30. The allegations in paragraphs 29-30 are directed to a Defendant other than Answering Defendants therefore no answer is required. COUNT II 31-41. The allegations in paragraphs 31-41 are directed to a Defendant other than the Answering Defendants therefore no answer is required. COUNT III 42. No answer required. 43. Denied. The allegation in paragraph 43 is a legal conclusion to which no answer is required. 44. Denied. The Seller Property Disclosure Statement was provided to the Plaintiffs. There is no duty under the Seller Property Disclosure law for a real estate licensee to review the same. 45. Denied. The allegation in paragraph 45 is a legal conclusion to which no answer is required. 46. Denied. The allegation in paragraph 46 is a legal conclusion to which no answer is required. 47. Denied. The allegation in paragraph 47 is a legal conclusion to which no answer is required. By way of further answer, the Plaintiffs were advised in the Agreement of Sale to consult with an attorney before signing the agreement. Further, paragraph 16 of the Agreement of Sale specifies, based upon representation of the Seller, the zoning classification for the property. 48. Denied. The allegation in paragraph 48 is a legal conclusion to which no answer is required. 49. Denied. The allegation in paragraph 49 is a legal conclusion to which no answer is required. NEW MATTER 50. Answers to paragraphs 1-49 are incorporated herein by reference as if set forth in full. 51. Plaintiffs were provided with the Seller Property Disclosure Statement as provided by the Sellers prior to settlement. 52. The Plaintiffs have failed to mitigate their damages. 53. Plaintiffs were advised in the Agreement of Sale of the zoning classification of the property. 54. The Plaintiffs were advised in the Agreement of Sale to consult with an attorney before signing the agreement. 55. There is no duty under Pennsylvania law for real estate licensee to examine the property disclosure statement. 56. Plaintiffs have failed to mediate this dispute as agreed upon in the Agreement of Sale. 57. At all times relevant hereto, Answering Defendants reasonable and diligently exercised their duties as such duties are defined by law for real estate licensees. 58. The Plaintiffs cause of action is barred by the failure to state a claim upon which relief can be granted. 59. Pursuant to the terms of the Agreement of Sale, the Plaintiffs represented that they did not rely on any representations made by the Sellers or real estate licensees unless such representations were expressly incorporated in the Agreement of Sale. 60. Any representations made by Answering Defendants with respect to the condition of the property or its zoning were based upon the representations of the Defendant Sellers or Defendant Jack Gaughen. 61. Answering Defendants, through the reasonable and diligent exercise of their duties as real estate licensees, did not know, nor had reason to know, of the defects claimed by the Plaintiffs in their complaint or the alleged violations of zoning ordinances in connection with renting the apartment. 62. Plaintiffs' claims are barred by the doctrine of merger. 63. The Plaintiffs' claims are barred by the applicable statute of limitation. 64. The Plaintiffs' cause of action is barred by their own contributory negligence and/or by the provisions of Pennsylvania's Comparative Negligence Act. 65. The Plaintiffs' cause of action is barred by the integration clause of the Agreement of Sale. 66. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of release. 67. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of waiver and/or estoppel. 68. Plaintiffs' cause of action may be barred in whole or in part by the statute of frauds. 69. Plaintiffs' cause of action may be barred in whole or in part by the parole evidence rule. 70. Plaintiffs' cause of action may be barred in whole or in part by an assumption of a known risk. 71. Plaintiffs' cause of action may be barred in whole or in part by the doctrine of economic loss. 72. Plaintiffs Hitesh Suri and Satish Suri were not purchasers of the property and, therefore, do not have proper standing to maintain this cause of action. 73. If the Plaintiffs have sustained damages as alleged in their complaint, which damages are strictly denied, the damages were caused by the acts or omission of entities individuals over which Answering Defendants had no control or legal duty to control. WHEREFORE, Answering Defendants respectfully request that this Honorable Court enter judgment in their favor and against all others, without cost to them, but together with such costs, expenses and attorney fees as authorized by law and which this court deems necessary, just and appropriate under the circumstances. CROSS-CLAIMS C.M. Detweiler Incorporated, individually and trading as Howard Hanna Detweiler Realty and Hilary Bitting v. Jack Gaughen Inc., individually and trading as Jack Gaughen Realtor ERA and Keith Sealover, and Umakant Dash and Kalyane Dash 74. Answering Defendants incorporate the allegations and responses set forth in paragraphs 1-73 by reference as if set forth in full. 75. Answering Defendant serves cross-claims against all co-Defendants and future additional Defendants, and further, should the Plaintiffs prevail on the claims set forth in their complaint, any liability on the part of Answering Defendants being specifically denied, it is averred that the damages were caused or substantially contributed to by the negligence, or other conduct and/or misrepresentations of the co-Defendants as more specifically set forth in Plaintiffs' Complaint and in the new matter asserted above; and Answering Defendants hereby aver that co-Defendants are solely liable to Plaintiffs, jointly and severely liable with Answering Defendants or liable over to the Answering Defendants for all sums awarded or any part and against the Answering Defendants at the trial of this matter. WHEREFORE, Answering Defendants respectfully request this Honorable Court dismiss the Complaint and enter judgment in its favor and against all others, without costs to it but together with such costs, expenses and attorney fees as authorized by law and that this Court deems just, necessary and appropriate on the circumstances. Respectfully submitted, By: ico, Esquire /Iqo. 69804 Front Street PA 17110-1533 (7r'7) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants C.M. Detweiler Inc, individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting Date: / V VERIFICATION I, HILLARY BITTING, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: h-),y-0b /Z4? HILLARY NG VERIFICATION I, m ?„ 2 Q I i ??? t r.r , hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. DATE: S Z-q OE \? /1 ^+ 1 ro- 104828 ?0?31? /'/OWarAAIWA ¢.?e?`er ea CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) 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 at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Albert J. Hajar, Esquire 1300 Market Street Suite 3, Lower Level Lemoyne, PA 17043 Matthew Haar, Esquire Saul Ewing 2 North Second Street 7a' Floor Harrisburg, PA 17101-1604 Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 Respectfully submitted, S t. No. 69804 orth Front Street sburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendants C.M. Detweiler Inc, individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting Date: " 1 0 1-b c} ?, : ?_ ?. -?„ - .,.. _ z „ ?? ? ? r.? -°, ca c ??' -; . , "' :., ?.:, HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Hitesh Suri, Rama Suri and Satish Suri Umakant Dash and Kalyane Dash c/o Albert J. Hajjar, Esquire 310 Conner Circle 1300 Market Street, Suite 3 Lower Level Sacramento, CA 95835 Lemoyne, PA 17043 C.M. Detweiler Inc. and Hillary Bitting c/o Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 You are hereby notified to file a response to the attached New Matter and New Matter Cross Claim within twenty (20) days or a judgment may be entered against you. Dated: September 1, 2006 a ew . Haar, squire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7ei Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Gaughen Defendants 12657B.1 911/06 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants : JURY TRIAL DEMANDED Defendants, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA ("Jack Gaughen") and Keith Sealover ("Sealover") (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, hereby respond to the Plaintiffs' Complaint and aver as follows: 1. Admitted on information and belief. 2. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 2, and such averments are therefore denied. 3. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 3, and such averments are therefore denied. 126579.19/1/06 4. Admitted in part and denied in part. It is admitted that Umakant Dash and Kalyane Dash ("Dashes") are adult individuals and husband and wife. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the remaining averments in paragraph 4, and such averments are therefore denied. 5. Admitted on information and belief. 6. Admitted on information and belief. 7. Admitted. Admitted in part and denied in part. The allegations of paragraph 8 are admitted as of the time of the transaction at issue (2002). It is denied that Sealover is currently working for Jack Gaughen. To the contrary, Sealover no longer works for Jack Gaughen. 9. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 9, and such averments are therefore denied. 10. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 10, and such averments are therefore denied. 11. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 11, and such averments are therefore denied. 12. Admitted. 13. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 13, and such averments are therefore denied. 126579 1 9/1/06 -2- 14. Denied. Plaintiff's characterizations of Exhibit D are denied as Exhibit D is a written document, the terms of which are self-evident. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the remaining averments in paragraph 14, and such averments are therefore denied. 15. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 15, and such averments are therefore denied. 16. Admitted in part and denied in part. It is admitted that there were negotiations involving Plaintiffs and the Dashes, and that none of the Plaintiffs met with the Dashes prior to execution of Exhibit E. The remaining averments of paragraph 16 are denied as characterizations of a written document, the terms of which are self-evident. 17. Admitted in part and denied in part. It is admitted that closing was postponed and ultimately held on or about December 2, 2002. It is admitted that neither of the Dashes was present at settlement and that Rama Suri alone purchased the Property. The averments regarding Exhibit F are denied as characterizations of a written document, the terms of which are self- evident. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the remaining averments in paragraph 17, and such averments are therefore denied. 18. Denied as stated. It is denied that the Gaughen Defendants did not provide the Seller's Disclosure Statement prior to settlement. To the contrary, the Gaughen Defendants provided the Seller's Disclosure Statement as required by the Real Estate Seller's Disclosure Law. Exhibit G is a written document, the terms of which are self evident. After reasonable 1265]8.1 9/1/06 -3- investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the remaining averments in paragraph 18, and such averments are therefore denied. 19. Denied as stated. Exhibit G is a written document, the terms of which are self- evident. 20. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 20, and such averments are therefore denied. 21. Denied. The allegation of paragraph 21 is a conclusion of law to which no responsive pleading is required. 22. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 22, and such averments are therefore denied. 23. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 23, and such averments are therefore denied. 24. Denied. The allegation of paragraph 24 is a conclusion of law to which no responsive pleading is required. 25. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 25, and such averments are therefore denied. 26. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 26, and such averments are therefore denied. 126578.1 911M -4- 27. Denied. The allegation of paragraph 27 is a conclusion of law to which no responsive pleading is required. 28. Denied. After reasonable investigation, the Gaughen Defendants are without sufficient information to form a belief as to the truth of the averments in paragraph 28, and such averments are therefore denied. COUNTI Plaintiffs v. Dashes 29.-30. The allegations in paragraphs 29-30 are directed to a Defendant other than the Gaughen Defendants, and no responsive pleading is therefore required. COUNT II Plaintiffs v. Gaughen Defendants 31. No responsive pleading required. 32. Denied. The allegations of paragraph 32 are conclusions of law to which no responsive pleading is required. 33. Denied as stated. To the contrary the Gaughen Defendants advised the Dashes of their duty to comply with the Real Estate Seller Disclosure Law. 34. Denied. To the contrary, the Gaughen Defendants did not know about the Water Runoff Problem and had no duty to make any such inquiry. 35. Denied. To the contrary, the Gaughen Defendants did not know about the Apartment Zoning Problem and had no duty to make any such inquiry. 36. Denied. To the contrary, the Gaughen Defendants did not know about the Heating System Problem and had no duty to make any such inquiry. 37. Denied. The averments of paragraph 37 are conclusions of law to which no responsive pleading is required. To the extent that the averments of paragraph 37 are averments of 126578.19/1 /M -5- fact, it is denied that the Gaughen Defendants' conduct was in any way improper. To the contrary, the Gaughen Defendants acted appropriately. 38. Denied as stated. The Gaughen Defendants worked with the Dashes to prepare a description of the Property. It is specifically denied that the description implied that the Apartment could be a source of rental income. To the contrary, no reasonable reading of the description of the Property could include the implication that the Apartment could be rented. 39. Denied. The averments of paragraph 39 are conclusions of law to which no responsive pleading is required. 40. Denied. The averments of paragraph 40 are conclusions of law to which no responsive pleading is required. 41. Denied. The averments of paragraph 41 are conclusions of law to which no responsive pleading is required. WHEREFORE, the Gaughen Defendants respectfully request that the Court grant judgment for them and against the Plaintiffs, and grant such further relief as the Court deems just and equitable. COUNT III Plaintiffs v. Bitting and C.M. Detweiler, Inc. 42.-49. The allegations in paragraphs 42 - 49 are directed to a Defendant other than the Gaughen Defendants, and therefore no answer is required. NEW MATTER 50. The Gaughen Defendants incorporate by reference their responses to paragraphs 1 through 49. 51. Plaintiffs have failed to state a claim upon which relief can be granted. 52. Plaintiffs have failed to state a viable claim for punitive damages. 126578.1 911/06 -6- 53. Plaintiffs have failed to mitigate their damages. 54. Plaintiffs' claims may be barred or substantially reduced by the doctrines of contributory negligence and comparative negligence. 55. If Plaintiffs suffered any injuries, damages or losses as alleged, then any such injuries, damages or losses were caused by the negligence and carelessness of others, and not by the Gaughen Defendants. 56. Plaintiffs' claims are barred by the doctrine of waiver. 57. Plaintiffs' claims are barred because Plaintiffs have released all claims. 58. Plaintiffs' alleged damages are too speculative to permit recovery. 59. Plaintiffs' claims are barred by the doctrine of merger. 60. Plaintiffs' claims may be barred by the statute of limitations. 61. Plaintiffs Hitesh Suri and Satish Suri lack standing to maintain the claims articulated in the Complaint. 62. The Gaughen Defendants' actions were appropriate under the Real Estate Seller Disclosure Law, 68 Pa. C.S.A. § 7301-7315, and Plaintiffs' claims are barred under 68 Pa. C.S.A. § 7310. 63. The Gaughen Defendants did not agree with Plaintiffs or Dashes to conduct an independent inspection of the Property or to independently verify the accuracy or completeness of any representation made by the Dashes. 64. Plaintiffs' claims are barred under 63 P.S. § 455.606a(i). 65. The Gaughen Defendants' actions were entirely appropriate. 126578.1 9/M -7- WHEREFORE, the Gaughen Defendants respectfully request that the Court grant judgment for them and against the Plaintiffs, and grant such further relief as the Court deems just and equitable. Gaughen Defendants v. Dashes and Detweiler Defendants 66. The Gaughen Defendants incorporate the averments of paragraphs 1 through 65. 67. Should the Gaughen Defendants be liable to Plaintiffs in any way, the Gaughen Defendants aver that any and all liability arising from Plaintiffs' allegations are the result of acts and/or omissions made by Umakant Dash, Kalyane Dash, C.M. Detweiler Inc., i/t/a/ Howard Hanna Detweiler Realty, and Hillary Bitting, and that they are alone liable to the Plaintiffs, or liable over to the Gaughen Defendants, or jointly or severally liable to the Plaintiffs. The Dashes and the Detweiler Defendants may be liable for Plaintiffs' alleged injuries or damages, if any, and accordingly, the Gaughen Defendants assert a claim for contribution from the Dashes and the Detweiler Defendants. WHEREFORE, the Gaughen Defendants respectfully request that this Court enter judgment for them and against the Dashes and the Detweiler Defendants, and grant such further relief as the Court deems just and equitable. Dated: September 1, 2006 Respectfully submitted, i Aaw Iahar, u ire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7`" Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 1265]8.1 9/10 -8- VERIFICATION I, Karen Stone, hereby verify that I am authorized to make this verification on behalf of the Craughen Defendants, that I have read the foregoing Answer. New Matter and New Matter Crass Claim, and that the statements of fact made therein are true and correct to the best of my knowledge, information and belief. I make this statement pursuant to 18 Pa.C.S.A. 9 4904 relating to unswom falsification to authorities. Dated: August?-/, 2006 Kamn s e lum.l v3m CERTIFICATE OF SERVICE I hereby certify that on September 1, 2006,1 served a true and correct copy of the foregoing Answer, New Matter and New Matter Cross Claim via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. tldlbla Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 i Matthe M. aar 126598,1 9/1/06 n cn -n n l tP 3 -ii .:" Jrn HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 CIVIL Civil Action - Law C.M. DETWEILER, INC. individually and trading as HOWARD HANNA DETWEILER REALTY AND HILARY BITTING'S REPLY TO CROSS CLAIM OF DEFENDANTS JACK GAUGHEN INC. d/b/a JACK GAUGHEN REALTY ERA AND KEITH SEALOVER 66. No answer required. 67. Denied. The allegations of paragraph 67 are legal conclusions to which no answer is required. WHEREFORE, Answering Defendant respectfully requests judgment in his favor and against all others. Respectfully submitted, By. o arsico, squire t D. No. 69804 6 orth Front Street rrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Attorneys for Defendant, C.M. Detweiler, Inc. t/a Howard Hanna Detweiler Realty and Hillary Bitting Date: ? ?/0/ 0 --------------------------------------------------------------------------------------------------------------------- HITESH SURI, RAMA SURI and : IN THE COURT OF COMMON PLEAS OF SATISH SURI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL JURY TRIAL DEMANDED DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER'S REPLY TO THE CROSS-CLAIM OF C.M. DETWEILER INCORPORATED, i/t/a HOWARD HANNA DETWEILER REALTY, and HILLARY BITTING Defendants Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA ("Jack Gaughen") and Keith Sealover ("Sealover") (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, hereby respond to the Cross-claim of Defendants C.M. Detweiler Incorporated, i/t/a Howard Hanna Detweiler Realty, and Hillary Bitting (the "Detweiler Defendants") and aver as follows: 74. No responsive pleading required. 75. Denied as a conclusion of law to which no responsive pleading is required. To the extent that the averments of paragraph 75 are averments of fact, they are denied. To the contrary, the Gaughen Defendants' conduct at all times was appropriate. 127015.1 9/18/06 WHEREFORE, the Gaughen Defendants respectfully request that the Court grant judgment for them and against all other parties, and grant such further relief as the Court deems just and equitable. Respectfully submitted, r Dated: September 18, 2006. at hew M. Haar, Esquir Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7`h Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 127015.1 9118106 -2- VERMCA TION I, Karen Stone, hereby verify that I am authorized to make this verification rn behalf of the Gaughen Defendants, that I have read the foregoing Reply to Cross-Claims, ;uu E I 11;1i the statements of fact made therein are true and correct to the best of my knowledge, in ii ni) a i i 1 i and belief. I make this statement pursuant to 18 Pa.C.S.A. § 4904 relating to unworn I'Asi f ic.aticm to authorities. Dated: September a, 2006 dK at,? Kane 4Snbe 12791 X.191 "d CERTIFICATE OF SERVICE I hereby certify that on September 18, 2006,1 served a true and correct copy of the foregoing Reply to Cross-Claims via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. tldlbla Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 Matte. Haar 127015.1 9/18/06 C) C. CS {1 m ? rr A n V ( j-P is 1 N cr, f'y HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-6039 Civil : Civil Action - Law PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE NEW MATTER CONTAINED IN THE ANSWER FILED BY DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER TO PLAINTIFFS' COMPLAINT MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAw AND RULES OF COURT 1. Of the sixteen paragraphs in Defendants' New Matter, thirteen (Nos. 51-62, 64) contain, in whole or in part, conclusions of law. 2. Of the remaining three paragraphs, one (No. 50) purports to incorporate by reference the Answers contained in the first forty-nine paragraphs of Defendants' Answer to the Complaint and certainly violates the rule that a paragraph should contain only one material allegation, besides violating the requirement that allegations be stated with specificity and particularity. 3. Of the sixteen paragraphs, only Paz. 63 and 65 appear to state allegations requiring a response by Plaintiffs. WHEREFORE, because of the preponderance of improper paragraphs in Defendants' New Matter, the New Matter should be stricken for failure to conform to Rules of Court. MOTION FOR MORE SPECIFIC COMPLAINT 4. Paragraphs 1 through 3 are incorporated herein by reference. WHEREFORE, Defendants should be required to file a More Specific Complaint that conforms to the Rules of Civil Procedure. Respectfully submitted, Z01mc7for rt ajjar Plaintiffs I.D. No. 07069 1300 Market Street - Suite A, Lower Level Lemoyne, PA 17043 Tel: (717) 7614115 Fax: (717) 761-3446 Page 2 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants : No. 04-6039 Civil : Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street - 7`? Floor Harrisburg, PA 17101 Douglas K. Marsico, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 UmakantDash Kalyane Dash 310 Conner Circle Sacramento, CA 95835 October 23, 2006 r-a ?j C ? ? ?,. t`e'r` i tT: '?} ._,; . , ?. ? ? •. -, HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-6039 Civil : Civil Action - Law PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE NEW MATTER CONTAINED IN THE ANSWER FILED BY DEFENDANTS C. M. DETWEILER INC. AND HILLARY BITTING TO PLAINTIFFS' COMPLAINT MOTION TO STRIKE FOR FAILURE TO CONFORM TO LAw AND RULES OF COURT 1. Of the twenty-four paragraphs in Defendants' New Matter, eighteen (Nos. 52, 55-58, 61-73) contain, in whole or in part, conclusions of law. 2. Of the remaining six paragraphs, three (Nos. 53, 54,59) are allegations that do nothing more than interpret the contents of an exhibit (the agreement of sale) attached to the Complaint. 3. Par. 50, which purports to incorporate by reference the Answers contained in the first forty-nine paragraphs of Defendants' Answer to the Complaint, violates the rule that each paragraph of a pleading should contain only one material allegation, besides violating the requirement that allegations be stated with specificity and particularity. 4. Par. 60 fails to state an allegation with specificity and particularity. 5. Of the twenty-four paragraphs, only Par. 51 appears to state an allegation requiring a response by Plaintiffs. WHEREFORE, because of the preponderance of improper paragraphs in Defendants' New Matter, the New Matter should be stricken for failure to conform to Rules of Court. MOTION FOR MORE SPECIFIC COMPLAINT 6. Paragraphs 1 through 5 are incorporated herein by reference. WHEREFORE, Defendants should be required to file a More Specific Complaint that conforms to the Rules of Civil Procedure. Respectfully submitted, I.D. No. 07069 1300 Market Street - Suite A, Lower Level Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 2 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil : Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street - 7a' Floor Harrisburg, PA 17101 Douglas K. Marsico, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 UmakantDash Kalyane Dash 310 Conner Circle Sacramento, CA 95835 October 23, 2006 51 6/W Al rt J. "ar ry t-n - " -rt mz< C ) __r ni cr? Sri r' O i '4 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC., individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants 1. State matter to be argued. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil Civil Action - Law Plaintiffs' Preliminary Objections to the New Matter Contained in the Answer Filed by Defendants Jack Gaughen, Inc. and Keith Sealover to Plaintiffs' Complaint (filed on or about October 23, 2006); 2. Identify counsel who will argue case: a) for plaintiff. Albert J. HaJar Address: 1300 Market Street - Suite 3, Lower Level Lemoyne, PA 17042 b) for defendant: Matthew M. Haar Address: Saul Ewing LLP 2 N. Second Street, 71h Floor Harrisburg, PA 17101 (for Defendants Jack Gaughen, Inc. and Keith Sealover) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 6, 2006 Dated: October 26, 2006 Attorney oInc. and Keith Sealover t ?+ CERTIFICATE OF SERVICE I hereby certify that on October 26, 2006,1 served a true and correct copy of the foregoing Praecipe for Listing Case for Argument via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 i at e . Haar -- ?{-7 1 i ?; ?,, 1, v ' ?? • • -'i E >?t _ ;; Ta. .. ? ` SAUL EWING LLP Matthew M. Haar, Esquire Pa. Atty I.D. No. 85688 Penn National Insurance Plaza 2 North Second Street, 71h Floor Harrisburg, PA 17101 (717) 257-7508 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. ATTORNEYS FOR DEFENDANTS, Jack Gaughen, Inc. and Keith Sealover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL ANSWER BY DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER IN OPPOSITION TO PLAINTIFFS' PRELIMINARY OBJECTIONS TO THE NEW MATTER CONTAINED IN THE ANSWER FILED BY DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER TO PLAINTIFFS' COMPLAINT Defendants, Jack Gaughen, Inc. t/d/b/a Jack Gaughen Realtor ERA and Keith Sealover (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, file this answer in opposition to Plaintiff s Preliminary Objections to the New Matter Contained in the Answer Filed by Defendants Jack Gaughen, Inc. and Keith Sealover to Plaintiffs' Complaint and aver as follows: Denied as characterizations of a written document, the terms of which are self- evident, to which no responsive pleading is required. 127967.1 10/26/06 2. Denied as both characterizations of a written document, the terms of which are self-evident, and conclusions of law, to which no responsive pleading is required. 3. Denied as both characterizations of a written document, the terms of which are self-evident, and conclusions of law, to which no responsive pleading is required. WHEREFORE, the Gaughen Defendants respectfully request that this Court deny Plaintiffs' Preliminary Objections, direct them to file a Reply to the Gaughen Defendants' New Matter and grant such further relief as is just and equitable. 4. The Gaughen Defendants incorporate their responses to paragraphs 1 through 3. WHEREFORE, the Gaughen Defendants respectfully request that this Court deny Plaintiffs' Preliminary Objections, direct them to file a Reply to the Gaughen Defendants' New Matter and grant such further relief as is just and equitable. Respectfully Submitted, Dated: October 26, 2006 at -hew M. aar, squire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7'h Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 127967.1 10/26/06 -'1- wr CERTIFICATE OF SERVICE I hereby certify that on October 26, 2006, I served a true and correct copy of the foregoing Answer to Preliminary Objections via first class mail, postage prepaid upon the following counsel of record: Albert J. Hajjar, Esquire 1300 Market Street„ Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 A/0 atthew . Haar 127967.1 10/26/06 ?l c\'9 L? l .? . ._; . z ., ?. . ?. ?.v ,, j::y _:?} fry t_? HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs VS. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-6039 CIVIL UMAKANT DASH, KALYANE DASH, C. M. DETWEILER INC., individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., trading and doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants Civil Action - Law ANSWER OF DEFENDANTS C.M. DETWEILER INC. AND HILLARY BITTING'S TO PLAINTIFF'S PRELIMINARY OBJECTIONS TO THE NEW MATTER CONTAINED IN THE ANSWER FILED BY DEFENDANTS C.M. DETWEILER, INC. AND HILLARY BITTING Denied. As a characterization of a written document, the terms of which are self evident, to which no responsive pleading is required. 2. Denied. As both characterization of a written document, the terms of which are self evident, and conclusions of law, to which no responsive pleading is required. 3. Denied. As both characterization of a written document, the terms of which are self evident, and conclusions of law, to which no responsive pleading is required. 4. Denied. As both characterization of a written document, the terms of which are self evident, and conclusions of law, to which no responsive pleading is required. 5. Denied. As both characterization of a written document, the terms of which are self evident, and conclusions of law, to which no responsive pleading is required. WHEREFORE, the responding Defendants respectfully request that this Court deny the Plaintiff's Preliminary Objections and direct them to file a reply to Responding Defendant's new matter. MOTION FOR MORE SPECIFIC COMPLAINT 6. Responding Defendants incorporate their responses in paragraph 1 through 5 above. WHEREFORE, Responding Defendants respectfully request that this Court deny the Plaintiff's Preliminary Objections and direct them to file a reply to Responding Defendant's New Matter. Respectfully submitted: CALDWELL & KEARNS rsico, squire # 69804 Front Street PA 17110 *661 Date: Attorney for Defendants, C.M. Detweiler Inc., individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting 2 CERTIFICATE OF SERVICE AND NOW, this -3 day of November, 2006, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Albert J. Hajjar, Esquire 1300 Market Street, Suite A Lemoyne, PA 17043 Matthew M. Haar, Esquire Saul Ewing 2 North Second Street, 7th Floor Harrisburg, PA 17101 Umakant Dash and Kalyane Dash 3748 Gresham Lane Sacramento, CA 95835 CALDWEL KEARNS By i u ar 'co, Esquire ID 9804 36-3 o Front Street H i rg, PA 17110 ( 232-7661 Attorney for Defendants, C.M. Detweiler Inc., individually and trading as Howard Hanna Detweiler Realty and Hillary Bitting 05-26/108717 r.? ? C? .? -°i I ? ? r- ! ?'? _ - r?, ,_.. __._ : ,r ;;;i `?,':? =t .?. :?? ?? ?` Offica of the Prothonotary Cumberland County Curtis R. Long Prothonotary Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 DATE: November 16, 2006 TO: Defendants: THIS IS TO NOTIFY YOU THAT CASE NUMBER 04-6039, Hitesh surf, Rama Sur' and Satish Suri BI - VS. HAS BEEN LISTED FOR ARGUMENT ON December 6, 2006 VUmakant Dash, Kalyane Dahs, C M Detweiler Inc, et al Cumberland County Argument Court Rulps 10721c., RTIS R. LONG esRtN , Prothonotary - ? 191 "01 - imberland County '= A (d T LM w Courthouse Square OF TH` c c,T; ? * arlisle, PA 17013 ? O?90 02 1A DEC t rl ??; 1 0004631598 NOV 20 2006 MAILED FROM ZIPCODE 17013 Utya I,? - ';1 t i1TY oy- ?a ? 9 Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento. CA 95835 NIXIE SS7 1 21 11Y28/06 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 17012002399 *0319-0®703-20-39 17013@3323 ???i????ri????iti????,>???>>11?„ 11?„l,i>>)1,??i>>>>!?rl,l>>? 4's;hj. s '1142- i 0 lam. tS rA,i HITESH SURI, RAMA SURI and IN THE COURT OF COMMON PLEAS OF SATISH SURI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. UMAKANT DASH, KALYANE DASH, C.M. DETWEILER, INC., Individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC. trading And doing business as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants : CIVIL ACTION - LAW NO. 04-6039 CIVIL IN RE: PRELIMINARY OBJECTIONS OF PLAINTIFFS TO THE NEW MATTER FILED BY DEFEDANTS BEFORE BAYLEY, P.J. AND HESS, J. ORDF,R AND NOW, this i Y ` day of February, 2007, the preliminary objections of the plaintiffs to the new matter filed by defendants are DISMISSED. Albert J. HaJar, Esquire For the Plaintiffs Douglas Marsico, Esquire For Defendants C.M. Detweiler Inc., Howard Hanna Detweiler Realty and Hillary Bitting BY THE COURT, Ri, pp 61 :1 Wd S 1 833 LOOZ AEitt Ci1Z 1 3a:10 Matthew M. Haar, Esquire For Defendants Jack Gaughen, Inc. and Keith Sealover Umakant and Kalyane Dash h 3748 Gresham Lane Sacramento, CA 95835-2064 :rlm HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-6039 Civil : Civil Action - Law REPLY TO ANSWER OF DEFENDANTS C.M. DETWEILER INC. AND HILLARY BITTING ANSWER To NEW MATTER Plaintiffs, by their attorney, Albert J. Hajjar, file this Answer to the New Matter set forth by Defendants C.M. Detweiler Inc. and Hillary Bitting in their Answer to Plaintiffs' Complaint. 50. This paragraph of Defendants'Answer is improper as an allegation of fact and requires no answer. To the extent this paragraph is deemed to contain averments of fact, such averments are denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averments in this paragraph and such averments are therefore denied and proof thereof demanded. 51. Denied. Plaintiffs were not provided with the Seller's Property Disclosure Statement prior to settlement and, moreover, the document which was provided to Plaintiffs was not a properly completed Property Disclosure Statement. 52. The statement in this paragraph is a conclusion of law and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 53. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After 406 reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 54. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 55. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 56. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 57. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 58. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 59. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the Page 2 M truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 60. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 61. Denied. In the reasonable and diligent exercise of their duties as real estate agents, Defendants should have known of the defects and violations and/or should have made sure that the sellers properly completed the Sellers Property Disclosure Statement. 62. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 63. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 64. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 65. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. Page 3 66. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 67. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 68. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 69. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 70. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 71. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. Page 4 72. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 73. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants. Al rt ajjar, Attorney for Plaintiffs L No. 07069 1300 Market Street - Suite A Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 5 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants : No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street - 7th Floor Harrisburg, PA 17101 Douglas K. Marsico, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 UmakantDash Kalyane Dash 310 Conner Circle Sacramento, CA 95835 March 9, 2007 Albe J. H ar r--3 d ? r HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants No. 04-6039 Civil Civil Action - Law REPLY TO ANSWER OF DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER ANSWER TO NEW MATTER Plaintiffs, by their attorney, Albert J. Hajjar, file this Answer to the New Matter set forth by Defendants Jack Gaughen, Inc. and Keith Sealover in their Answer to Plaintiffs' Complaint. 50. This paragraph of Defendants'Answer is improper as an allegation of fact and requires no answer. To the extent this paragraph is deemed to contain averments of fact, such averments are denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averments in this paragraph and such averments are therefore denied and proof thereof demanded. 51. The statement in this paragraph is a conclusion of law and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 52. The statement in this paragraph is a conclusion of law and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 53. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 54. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 55. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 56. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 57. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 58. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. Page 2 59. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 60. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 61. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 62. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 63. Denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 64. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. 65. The statement in this paragraph is a conclusion and requires no answer. To the extent such statement is deemed to be an averment of fact, such averment is denied. After reasonable investigation, Plaintiffs are without sufficient information to form a belief as to the Page 3 truth of the averment in this paragraph and such averment is therefore denied and proof thereof demanded. WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and against Defendants. 1, r N A eVo. ajjar, Attorney for Plaintiffs . 0 7069 1300 Market Street - Suite A Lemoyne, PA 17043 Tel: (717) 761-4115 Fax: (717) 761-3446 Page 4 HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. UMAKANT DASH, KALYANE DASH, C M DETWEILER INC, individually and trading as HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN INC, individually and trading as JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants : No. 04-6039 Civil Civil Action - Law CERTIFICATE OF SERVICE I, Albert J. Hajjar, do hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below: By first class mail addressed to: Matthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street - 7th Floor Harrisburg, PA 17101 Douglas K. Marsico, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110-1533 UmakantDash Kalyane Dash 310 Conner Circle Sacramento, CA 95835 March 9, 2007 Albert 'ar 7i" M --------------------------------------------------------------------------------------------------------------------- HITESH SURI, RAMA SURI and : IN THE COURT OF COMMON PLEAS OF SATISH SURI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a CASE NO. 04-6039 CIVIL HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants --------------------------------------------------------------------------------------------------------------------- DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER'S UNCONTESTED MOTION TO COMPEL DISCOVERY FROM PLAINTIFFS Defendants, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover (collectively "Jack Gaughen"), by and through their counsel, Saul Ewing LLP, move this Court to enter an order directing Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri to respond to Plaintiffs First Set of Interrogatories and Plaintiffs Request for Production of Documents. In support thereof Jack Gaughen avers the following: I . Plaintiffs initiated this action by filing a Praecipe for Writ of Summons on or about December 2, 2004. Plaintiffs filed a Complaint on or about February 21, 2006. 2. On November 17, 2006, Jack Gaughen served its First Set of Interrogatories and Requests for Production of Documents upon Plaintiffs. A copy of the interrogatories is attached hereto as Exhibit 1, and a copy of the document requests is attached hereto as Exhibit 2. 132297,1 4/30/07 3. Plaintiffs' responses to Jack Gaughen's discovery requests were due on or before December 18, 2006. 4. Plaintiffs did not respond to Jack Gaughen's discovery requests on or before December 18, 2006. 5. On January 4, 2007, Jack Gaughen's counsel wrote to Plaintiffs' counsel and requested that Plaintiffs respond to the discovery requests without the need for Court involvement. A copy of the January 4, 2007 letter is attached hereto as Exhibit 3. 6. Plaintiffs' counsel contacted Jack Gaughen's counsel by telephone on January 5, 2007, indicated that his paralegal (Bill Gross) needed additional time to respond, and requested an extension for responding to the discovery requests until January 31, 2007. Jack Gaughen's counsel agreed to the extension and confirmed the agreement via email. A copy of the January 5, 2007 email is attached hereto as Exhibit 4. 7. Plaintiffs did not respond to Jack Gaughen's discovery requests on or before January 31, 2007. 8. By letter dated February 6, 2007, Jack Gaughen's counsel demanded that Plaintiffs respond to the discovery requests. A copy of the February 6, 2007 letter is attached hereto as Exhibit 5. 9. By letter dated February 8, 2007, Plaintiffs' counsel indicated that his paralegal was still working on the matter, and asked if he could provide responses by February 19, 2007. A copy of the February 8, 2007 letter is attached hereto as Exhibit 6. 10. By letter dated February 9, 2007, Jack Gaughen's counsel indicated that Plaintiffs' responses to discovery requests could be provided on or before February 19, 2007, on the condition that, if such responses were not received by close of business on such date, Jack 132297,1 4/30/07 -2- Gaughen could file a motion to compel and represent pursuant to Local Rule 208.2(d) that Plaintiffs' counsel concurred in the issuance of an order compelling Plaintiffs' response to discovery requests within ten (10) days after the entry of such order. A copy of the February 9, 2007 letter is attached hereto as Exhibit 7. 11. Plaintiffs did not respond to Jack Gaughen's discovery requests on or before February 19, 2007. 12. By letter dated March 9, 2007, Plaintiffs' counsel indicated that discovery responses would be provided within a week (approximately March 16). A copy of the March 9, 2007 letter is attached hereto as Exhibit 8. 13. Plaintiffs did not provide discovery responses on or before March 16, 2007. 14. As of the filing of this motion, Plaintiffs have not provided any discovery responses, despite the fact that they have been granted three extensions and despite the fact that the responses are more than four months delinquent. 15. Jack Gaughen is entitled to receive full and complete responses to their discovery requests without further delay by Plaintiffs or their counsel. See Pa. R. Civ. P. 4006 & 4009.12. 132297 1 4/30/07 -3- WHEREFORE, Defendants Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover respectfully request that this Court enter an Order directing Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri, to respond to Jack Gaughen's discovery requests within ten (10) days of the issuance of an order compelling their compliance or suffer sanctions under Rule 4019, and grant such further relief as the Court deems just and equitable. Respectfully submitted, Dated: April 30, 2007 atthew Haar, (E S uire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7`h Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 132297.1 4/30/07 -4- CERTIFICATION OF CONCURRENCE PURSUANT TO LOCAL RULE 208.2(d) As more fully detailed in the accompanying motion, on February 9, 2007, I notified Albert J. Hajjar, Esquire, Plaintiffs' counsel, in writing that I would grant his second request for an extension of time to respond to the relevant discovery on the condition that, if he failed to respond to the discovery requests, he would concur in this motion. See Motion Exh. 7. Plaintiffs' counsel accepted the extension (and a further extension beyond that), but has failed to provide responses to the discovery requests. 1, 1 /1 Dated: April 30, 2007 Matthew M. Haar 132297 1 4/30/07 CERTIFICATE OF SERVICE I hereby certify that on April 30, 2007, I served a true and correct copy of the foregoing Motion to Compel Discovery via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 Matthew .'Haar 132297,1 4/30/07 i HITESH SURI, RAMA SURI and : IN THE COURT OF COMMON PLEAS OF SATISH SURI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL : JURY TRIAL DEMANDED --------------------------------------------------------------- DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFFS Defendants, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA ("Jack Gaughen") and Keith Sealover ("Sealover") (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, hereby propound the following Interrogatories pursuant to Rules 4005 and 4006 of the Pennsylvania Rules of Civil Procedure upon Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri, to be answered and served upon the Gaughen Defendants' counsel, Saul Ewing LLP, Penn National Insurance Tower, 2 North Second Street, 7`h Floor, Harrisburg, PA 17101, within thirty (30) days of the date of service hereof. These interrogatories are continuing in character and, to the extent that the answers thereto may be enlarged, diminished or otherwise modified by information acquired by Plaintiffs, their counsel, or anyone acting on their behalf subsequent to the filing of the initial answers 127950.1 11117/06 thereto, supplemental answers setting forth such information shall be promptly served upon Gaughen Defendants' counsel. DEFINITIONS AND INSTRUCTIONS These interrogatories shall be read, interpreted and answered in accordance with the definitions and instructions set forth below: A. Where knowledge or information in the possession of a party is requested, such request includes knowledge of the party's agents, members, employees, representatives, predecessors and, unless privileged, the party's attorneys, and all other persons acting or purporting to act on the party's behalf. B. "Person" includes natural persons, proprietorships, partnerships, firms, corporations, businesses, institutions, bodies, joint ventures, estates, trusts, receivers, public corporations, other forms of legal entity, municipal corporations, federal, state, and local governments, all departments and agencies thereof, and any other governmental agencies, political subdivisions, groups, associations, or organizations, and any other group or combination acting as an entity. C. "Document" is defined to include all written or printed matter, including but not limited to any written, typed or printed matter and all electronic, magnetic or other records or documentation of any kind or description (including, but not limited to, letters, correspondence, telegrams, memoranda, notes, scribblings, jottings, E-mail messages, index cards, data, telexes, cables, telegrams, books, charts, diagrams, graphs, computer printouts, records, minutes, contracts, agreements, inventories, records or notations of telephone or personal conversations, conferences, interoffice communications, microfilm, bulletins, circulars, pamphlets, still photographs, moving pictures, videotapes, invoices, tape recordings, calendars, diary entries, studies, working papers, tabulations, data sheets, reports, index catalogues, typewritten notes, printed notes, notes contained on any hard drive or computer diskette, and all other documentary material of any nature whatsoever), any recorded or graphic matter, however produced or reproduced, including all non- identical copies containing notations not contained on the original thereof, all compilations of data from which information can be obtained, and all punchcards, disks, diskettes, compact disks, tapes or other recordings used in data and/or word processing, together with the programming instructions and other materials necessary to understand such media; any and every means by which information is recorded and/or transmitted, including, but not limited to, any recorded, transcribed, punched, computerized, filmed and/or graphic matter, however produced and/or reproduced, file folders containing such data, the precise order in which such items are contained in the file folders and all wording on each such file folder; and computer terminals or systems containing such items. The term also includes all drafts, alterations, and non-identical copies of any of the foregoing. D. "Communication" means any oral or written statement transmitted by one person to another. 127950.1 11/17/06 E. With respect to a natural person, the term "identify" means to state the full name and present or last known residence and employment address of each person, and the present or last known telephone number of each person. F. To "identify" or "state the identity of a person other than a natural person means to state its full name and the present or last known address and telephone number of its headquarters. Once such a "person" has been so identified, it may thereafter be identified by name alone so long as reference is made to the paragraph in which the complete identity is given. G. With respect to a document, the term "identify" means to state whether or not that document is presently in existence, state the date that document bears or bore or, if undated, the date it was written, the name and address of each person who wrote it or participated in the writing of it, and each person to whom a copy was identified as being directed, and of each person who received a copy of the document, a description of the document (as, for instance, "letter," "memorandum,"), a detailed summary of the contents of the document, its present location or custodian of each copy or, if unknown, its last known location or custodian, and if the document is no longer in existence or is no longer in your possession, custody, or control, the disposition made of it. H. To "identify" a communication means, with respect to any oral communication, to state the date and place of such oral communication, to identify the persons present, to describe the contents and substance of the oral communication, and to identify all documents which set forth, contain, refer or relate to the contents or substance of such communication. To "identify" a communication means, with respect to a written communication, to identify the date and place of such communication, the identity of the author and all known or intended recipients of the communication and/or copies thereof, to describe the contents and substance of the communication, and to identify all documents consisting of or referring or relating to such communication. 1. "Describe" means to provide all facts relating to the matter described, including, where applicable, dates, times, places and witnesses, and also means to identify all persons with knowledge of such facts and also means to identify all documents which set out, describe, explain or otherwise refer to the facts set out in the Answer to the Interrogatory. J. Whenever appropriate in these Interrogatories, the singular form of a word shall also be interpreted as its plural, and vice versa. The present tense includes the past and future tenses. The singular includes the plural and the plural includes the singular. K. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these Interrogatories any information that might otherwise be construed to be outside their scope. "All" means "any and all;" "any" means "any and all;" "including" means "including but not limited to;" and "each" means "each and every." 127950.1 1 I / 17/06 -3- L. The terms "relate" and "relating to" mean constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning, mentioning, embodying, or referring to, directly or indirectly. M. Unless otherwise indicated, these Interrogatories refer to the time, place, and circumstances of the occurrences mentioned or complained of in the pleadings. N. As used herein, the words "you", "your", and "Plaintiffs" refer to Hitesh Suri, Rama Suri and Satish Suri, their agents, representatives, attorneys and all other persons acting or purporting to act on behalf of Hitesh Suri, Rama Suri and Satish Suri. 0. As used herein, the words, "Gaughen Defendants" refer to Keith Sealover and Jack Gaughen Realtor, ERA, their agents, representatives, attorneys and all other persons acting or purporting to act on their behalf. P. "Property" shall mean the real property known as 9 East Glenwood Drive, East Pennsboro Township, Cumberland County, Pennsylvania.. Q. If you contend that an answer to an Interrogatory is privileged, in whole or in part, or otherwise object to any part of any Interrogatory, then the Interrogatory should be answered to the extent it is not objectionable, and the following information should also be provided: (1) the basis for each objection and grounds for your objection or refusal to answer, including the nature of any privilege asserted; (2) the identity of each person having knowledge of the factual basis, if any, on which the privilege, objection or other ground is based; and (3) the name of the person making the communication, the names of persons present while the communication was made, where not apparent the relationship of the persons present to the person making the communication, the date and place of the communication and the general subject matter of the communication. 1279% 1 11117/06 -4- INTERROGATORIES 1. Identify each person who answered or participated in answering these Interrogatories, and each person who participated in responding to the accompanying Request For Documents directed to Plaintiffs. Response: 2. Identify all persons who have knowledge or who you believe have knowledge of any documents, communications, meetings, acts, transactions or other information that relate to the allegations set forth in the Complaint, and, for each person so identified, describe the substance of such person's knowledge, and identify all documents that relate to such person's knowledge. Response: 127950.1 11117" -5- Identify all documents in your possession that relate to the allegations set forth in the Complaint. Response: 4. Describe all communications between you and Keith Sealover or Jack Gaughen Realtors, ERA concerning the Property. Response: 127950.1 11/17/06 5. Describe the alleged problems with the Property, specifically the "Water Runoff Problem," the "Apartment Zoning Problem," and the "Heating System Problem" identified in the Complaint. For each alleged problem, identify the specific nature of the problem, the date on which you became aware of the problem, the circumstances that caused you to become aware of the problem, and your actions upon learning about the problem. Response: 6. Provide the factual basis for the allegations in Paragraphs 34-36 of the Complaint. Specifically, provide any facts that relate your claim that the Gaughen Defendants knew or should have known about the alleged "Water Runoff Problem," "Apartment Zoning Problem," and "Heating System Problem" described in the Complaint. Response: 127950.1 11/17106 ^? 7. Identify the factual basis for the allegations included in Paragraph 38 of your Complaint. Specifically, provide any and all facts that relate to your claim that the Gaughen Defendants represented or implied that the Apartment could be used a source of rental income. Response: 8. State whether you made any inquiry prior to settlement regarding the feasibility of using the Apartment as a separate rental unit, including, but not limited to inquiries with the local zoning board, township personnel, attorney(s), residents of the neighborhood, the Gaughen Defendants, or the other Defendants named in this action. Response: 127950. t 11/17/06 p -Q" 9. State whether you conducted any independent research (other than inquiries addressed in your answer to Interrogatory 8) into the local zoning ordinance or regulations pertaining to owners of rental property in East Pennsboro Township, Cumberland County prior to December 2, 2002. If you conducted any such research, describe what sources you consulted and what information you obtained related to the potential rental of the Apartment as a separate unit. Response: 10. Prior to settlement on December 2, 2002, how did you plan to use the Apartment once you purchased the Property? State whether you informed any other person(s) about your plans for the Apartment prior to or during settlement, identify the person(s) you informed and the date of the communication(s). Also, indicate whether the person(s) with whom you communicated provided you with any information or advice about your plans. Response: 12'M50 1 11/17/06 -9- 11. Describe your understanding prior to December 2, 2002 about the prior use of the Apartment. Specifically, state whether you had any knowledge or belief concerning whether the Apartment had been rented as a separate unit at any time in the past. If you knew or believed that the Apartment was rented as a separate unit, identify any and all sources of your knowledge or belief and describe your understanding of the arrangement under which the Apartment was rented. Response: 12. Describe all communications related to the Seller's Property Disclosure Statement, which is attached to your Complaint as Exhibit G. Response: 127950-1 11/17/06 -10- 13. Identify any sale of the Property subsequent to December 2, 2002, and state the sale price of the Property. Identify all documents that relate to any sale of the Property subsequent to December 2, 2002. Response: 14. Describe the basis for all the alleged damages you included in your Complaint and provide an itemized list that breaks down each damage claim and shows all the information you used to calculate damages. Identify all documents that relate to your alleged damages. Response: 127950.1 11/17/06 -11- 15. State whether you destroyed any documents relating in any way to the allegations in the Complaint, to your purchase of the Property, or to communications with Keith Sealover and Jack Gaughen Realtors, ERA. If so, identify the documents and indicate the date such documents were destroyed and the reasons such documents were destroyed. Response: 16. Identify all persons with whom you have discussed the allegations of the Complaint. Response: 127950.1 11/17/06 -12- 17. Identify all persons that you intend to call as fact witnesses at the trial or hearing in this case. Response: 18. State the name and address of each person you intend to call as an expert witness at the trial or hearing in this matter, and state the subject matter upon which the expert is expected to testify. Response: 127950. i 11/17/06 -13- 19. As to each person you expect to call as an expert witness, state each expert's opinion(s) and a summary of the grounds for such opinion(s). Response: 20. As to each person you expect to call as an expert witness, state the substance of the facts upon which the expert bases his or her opinion(s). Response: Respectfully submitted, Dated: November 17, 2006 A . MHaar, Esquire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7ch Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 127950.1 11/17/06 -14- CERTIFICATE OF SERVICE I hereby certify that on November 17, 2006, I served a true and correct copy of the foregoing First Set of Interrogatories Directed to Plaintiffs via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel far Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C. M. Detweiler, Inc. t1d1b1a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 ew M. Haar Aatt 127950.1 11/17/06 1 a -------------------------------------------------------------------------------------------------- HITESH SURI, RAMA SURI and : IN THE COURT OF COMMON PLEAS OF SATISH SURI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, CASE NO. 04-6039 CIVIL Defendants -------------------------------------------- JURY TRIAL DEMANDED --------------------------------------------------------------- DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFFS Defendants, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA ("Jack Gaughen") and Keith Sealover ("Sealover") (collectively the "Gaughen Defendants"), by and through their counsel, Saul Ewing LLP, hereby propound the following Request for the Production of Documents pursuant to Rule 4009.11 of the Pennsylvania Rules of Civil Procedure upon Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri, to be produced at the offices of the Gaughen Defendants' counsel, Saul Ewing LLP, Penn National Insurance Tower, 2 N. Second Street, 7`h Floor, Harrisburg, PA 17101, within thirty (30) days of service hereof, for the purpose of inspecting and photocopying same, and for all purposes permitted under the applicable laws and rules. 127960 1 11/17/06 DEFINITIONS AND INSTRUCTIONS These Requests for Production of Documents shall be read, interpreted and answered in accordance with the definitions and instructions set forth below: A. Unless otherwise indicated, these Requests for Production of Documents refer to the time, place and circumstances of the occurrences mentioned or complained of in the pleadings. B. Where a document or documents in the possession of a party is requested, such request includes documents in the possession of the party's agents, representatives, and, unless privileged, the party's attorneys. C. The terms "you ", "your", and "Plaintiffs" refer to Hitesh Suri, Rama Suri and Satish Suri, and the persons mentioned in clause "B" hereinabove. D. The term "person" includes natural persons, proprietorships, partnerships, firms, corporations, federal, state and local governments, all departments and agencies thereof, and any other governmental agencies, political subdivisions, groups, associations or organizations, whether located in the United States or elsewhere, and any other legal entity of any kind or nature. E. The term "document" or words of like or similar import means any written, recorded or graphic matter, however produced or reproduced, including all non-identical copies containing notations not contained on the original thereof, and including but not limited to correspondence, memoranda, data, telexes, letters, books, charts, diagrams, still photographs, moving pictures, videotapes, tapes, records, graphs, index cards, inventories, handwritten notes, agreements, jottings, scribblings, other writings, printed material, pamphlets, cables, telegrams, calendars, diary entries, studies, working papers, tabulations, data sheets, reports, index catalogues, typewritten notes, printed notes, contracts, memoranda of understanding, computer printouts, electronic mail, punchcards, disks, diskettes, compact disks, tapes or other recordings used in data and/or word processing together with the programming instructions and other materials necessary to understand such media; any and every means by which information is recorded and/or transmitted, including, but not limited to, any recorded, transcribed, punched, computerized, filmed and/or graphic matter, however produced and/or reproduced; file folders containing such data, the precise order in which such items are contained in the file folder and all wording on each such file folder; and computer terminals or systems containing such items. F. All documents which are not produced under a claim of privilege, under a claim that such documents form a part of the attorney's work product, or under a claim that such documents were prepared in anticipation of litigation shall be identified in sufficient detail to permit a request for in camera inspection of each such document in the event any such claim is disputed. G. Whenever appropriate in this Request for Production of Documents, the singular form of a word shall also be interpreted as its plural and vice versa. 127%0 1 If/17/06 - 2 - H. The terms "and" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of this Request for Production of Documents any information which might otherwise be construed to be outside its scope. 1. This Request for Production of Documents is continuing in nature, requiring a supplemental response and production when new, different or clarifying information comes into the possession of the party to whom this Request is addressed or the possession of said party's counsel. J. As used herein, the term "relate" or "relating to" means constituting, comprising, containing, setting forth, showing, disclosing, describing, explaining, summarizing, concerning, or referring to, directly or indirectly. K. The term "including" means including but not limited to. L. To the extent that no single document exists or is in your possession, custody or control which contains all the information sought in any particular specification herein, you are to provide such other documents in your possession, custody or control which are sufficient to show, compute, compile or explain all the information requested in such specifications or as much thereof as is available. M. The documents produced pursuant to this Request are to be segregated and identified by the number of the specification below to which they are responsive. N. The term Gaughen Defendants refers to defendants Keith Sealover and Jack Gaughen, ERA, and all persons identified in clause B above. 0. The term "Property" shall mean the real property known as 9 East Glenwood Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 127960A 11/17/06 -3- DOCUMENT REQUESTS Please produce all documents referred to or identified in the Complaint. 2. Please produce all documents referred to or relied upon in preparing your Answers to the Gaughen Defendants' Interrogatories served contemporaneously herewith. 3. Please produce all statements, signed statements, transcripts and audio and/or videotapes of recorded statements or interviews of any person or witness relating to, referring to or describing any of the facts alleged in the Complaint. 4. Please produce all documents that you intend to introduce as exhibits during the trial of this matter. 5. Please produce all documents all documents in your possession that relate to the feasibility or infeasibility of using the Apartment as a separate rental unit for the generation of rental income. 6. Please produce all documents that relate to the problems alleged in Paragraphs 20, 23, and 26 of your Complaint, including, but not limited to, reports by skilled professionals dealing in the repair of such problems, photographs or drawings that visually depict the problems, and other documents relied upon by Plaintiffs in alleging the existence of the problems. 127960A 11/17/06 -4- 7. Please produce all documents that relate to your claim(s) for damages, including but not limited to repair estimates or price quotes, appraisals or other documents that estimate the market value of the property, calculations used to generate the total amount of damages claimed, and any documents containing information that relates to your claim for punitive damages. 8. Please produce any reports prepared by, and the curriculum vitae of, any expert you intend to introduce as a witness during the trial of this matter. 9. Please produce all documents that relate to any sale of the Property subsequent to December 2, 2002. 10. Please produce all documents related to the Property provided to you by the Gaughen Defendants. 11. Please produce all documents that relate to the averments in the Complaint. Respectfully submitted, Dated: November 17, 2006 atthew . Haar, squire Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7;h Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover 127960 1 11/17/06 -5- CERTIFICATE OF SERVICE I hereby certify that on November 17, 2006, I served a true and correct copy of the foregoing Request for Production of Documents Directed to Plaintiffs via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C. M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 V/V att ew . Haar 127960.1 H117106 3 SAUL EWING Attorneys at Law A OeWw" LLP Celebrating 85 years of service. Matthew M. Haar Phone: (717) 257-7508 Fax: (717) 257-7581 mhaar@saul.com www.saul.com January 4, 2007 Via Facsimile to 717-761-3446 And Via Regular Mail Albert J. Hajjar, Esquire The Hajjar Law Office 1300 Market Street, Suite 3 Lower Level Lemoyne, PA 17043 Re: Suri et aL v. Dash et aL No. 04-6039 Dear Al: On November 17, 2006, 1 served you with interrogatories and document requests. Your responses were due on or before December 18, 2006. I have not received any responses and you have not contacted me regarding an extension of time to respond. My clients reserve all rights to pursue your clients' violation and neglect of the rules of discovery. Please advise me immediately whether you will voluntarily provide responses to my requests (and if so by when) or whether I will need to seek the Court's involvement in compelling a response from your clients. Please feel free to call me if you have any questions or if you would like to discuss the case. Very truly yours, Matthew M. Haar cc: Douglas K. Marsico, Esquire 2 North Second Street, ltd Floor • Harrisburg, PA 17101-1604 • Phone: (717) 257-7500 . Fax: (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON 129667.1 1/4107 A DELAWARE LIwaTED LIABILITY PARTNERSHIP Page 1 of 1 Haar, Matthew M. From: Haar, Matthew M. Sent: Friday, January 05, 2007 4:06 PM To: 'hajjaraj@comcast.net' Cc: 'dmarsico@caldwelikearns.com' Subject: Suri v. Dash Al - this will confirm your phone call to me this afternoon. You indicated that your paralegal needs additional time to respond to my interrogatories and document requests, and you indicated that you would provide answers to my interrogatories and responsive documents no later than January 31, 2007. This is acceptable. Thanks. Matt 1/5/2007 Page 1 of 1 Haar, Matthew M. From: Haar, Matthew M. Sent: Friday, January 05, 2007 4:43 PM To: 'Doug Marsico' Subject: RE: Suri v. Dash No, which is one reason why I agreed to AI's request for an extension. Matt From: Doug Marsico [mailto:dmarsico@caldwelikearns.com] Sent: Friday, January 05, 2007 4:42 PM To: Haar, Matthew M. Subject: Re: Suri v. Dash Did you get a ruling yet from the court on the POs? -- Original Message ----- From: Haar. Matthew M. To: hajjaraiO-comcast.net Cc: dmarsico@caldwellkearns.com Sent: Friday, January 05, 2007 4:06 PM Subject: Suri v. Dash Al - this will confirm your phone call to me this afternoon. You indicated that your paralegal needs additional time to respond to my interrogatories and document requests, and you indicated that you would provide answers to my interrogatories and responsive documents no later than January 31, 2007. This is acceptable. Thanks. Matt "Saul Ewing LLP <saul.com>" made the following annotations: NEW IRS RULES RESTRICT WRITTEN FEDERAL TAX ADVICE FROM LAWYERS AND ACCOUNTANTS. WE INCLUDE THIS STATEMENT IN ALL OUTBOUND EMAILS BECAUSE EVEN INADVERTENT VIOLATIONS MAY BE PENALIZED. NOTHING IN THIS MESSAGE IS INTENDED TO BE USED, OR MAY BE USED, TO AVOID ANY PENALTY UNDER FEDERAL TAX LAWS. THIS MESSAGE WAS NOT WRITTEN TO SUPPORT THE PROMOTION OR MARKETING OF ANY TRANSACTION. CONTACT THE SENDER IF YOU WISH TO ENGAGE US TO PROVIDE FORMAL WRITTEN ADVICE AS TO TAX ISSUES. THIS E-MAIL MAY CONTAIN PRIVILEGED, CONFIDENTIAL, COPYRIGHTED, OR OTHER LEGALLY PROTECTED INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT (EVEN IF THE E-MAIL ADDRESS ABOVE IS YOURS), YOU MAY NOT USE, COPY, OR RETRANSMIT IT. IF YOU HAVE RECEIVED THIS BY MISTAKE PLEASE NOTIFY US BY RETURN E-MAIL, THEN DELETE. THANK YOU. SAUL EWING'S WEB SITE IS WWW.SAUL.COM . N ....................... 1/5/2007 s V L NG Attorneys at Law A CkO~e LLP February 6, 2007 Via Facsimile to 717-761-3446 And Via Regular Mail Albert J. Hajjar, Esquire The Hajjar Law Office 1300 Market Street, Suite 3 Lower Level Lemoyne, PA 17043 Re: Suri et aL v. Dash et al. No. 04-6039 Dear Al: Matthew M. Haar Phone: (717) 257-7508 Fax: (717) 257-7581 mhaar@saul.com www.saul.com This letter is a follow-up to my letter to you dated January 4, 2007, our phone conversation on January 5 and my email to you on January 5. On November 17, 2006, I served you with interrogatories and document requests. Your responses were due on or before December 18, 2006, but no response was served. In my January 4 letter I requested a response or at least a commitment by you for a response. On January 5 we spoke by phone and you promised that you would have a response to me no later than January 31. I confirmed this agreement in my January 5 email to you. The January 31 deadline has passed and I have not received any response or request for further extension from you. If I do not receive your responses by the close of business this Friday, February 9, I will file a motion to compel with the Court. Please feel free to call me if you have any questions. Very truly yours, ?Ao4i , Matthew M. Haar cc: Douglas K. Marsico, Esquire 2 North Second Street, 7'? Floor • Harrisburg, PA 17101-1619 a Phone: (717) 257-7500 • Fax: (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON 130540.1 2/6!07 A DELAWARE LIMITED LIABILITY PARTNERSHIP TX STATUS REPORT you AS OF FEB 06 2007 17:17 PAGE.01 SE 717 257 7516 DATE TIME TO/FROM MODE MIN/SEC PGS JOB# STATUS 09 02/06 17 17 #12523W38727#7613446# G3--S 00'43" 002 107 OK FACSDULE COVER SHEET Attorneys -at Law Penn National lnsurancefl= 2 North Sccond Street, 7a Floor Harrisburg, PA 17101-160 From: Matthew M. Haar Pages (including cover): 2 Client Watter M 012523.88727 User M. 3575 Dates February b, 2007 Direct Phone: (717) 257-7508 Direct Fax: (717) 257-7581 To: Name Albert J. Hajjar Fax Number Phone Number 717.761.3446 CC: Name Comments: Ql The Original will be sent by regular mail. C1 The Original will be not by overnight delivery. 0 No Original will be mot. Fax Number Phone Number IMPORTANT NOTICE This transmission is intended only for the addressees named nlwve and may contain kfaratadon that is priv*S4 eontideotial, or otherwise protected from dbeloourt to *syone else. Any review, dissemination or an of this transmission or its contents by persons ot4er than tilt addreaess is strictly prohibited. If you have received this facsimile to error, please ftlephone as immediataiy at {717) 257-7.400 and return the original to us by muff at the address stated above. FACSIMILE COVER SHEET SAUL EwiNG Attorneys at Law A Delaware LLP Penn National Insurance Plaza 2 North Second Street, 7t' Floor Harrisburg, PA 17101-160 From: Matthew M. Haar Pages (including cover): 2 Client/Matter #: 012523.88727 User #: 3675 Date: February 6, 2007 Direct Phone: (717) 257-7508 Direct Fax: (717) 257-7581 To: Name Albert J. Haj j ar CC: Name Comments: ® The Original will be sent by regular mail. ? The Original will be sent by overnight delivery. ? No Original will be sent. Fax Number 717.761.3446 Fax Number Phone Number Phone Number IMPORTANT NOTICE This transmission is intended only for the addressees named above and may contain information that is privileged, confidential, or otherwise protected from disclosure to anyone else. Any review, dissemination or use of this transmission or its contents by persons other than the addressees is strictly prohibited. If you have received this facsimile in error, please telephone us immediately at (717) 257-7500 and return the original to us by mail at the address stated above. co ? ? t r Received 02/08/2007 04:59PM in 01:06 on line [01 for 3675 ~ Pg 1/1 Feb 08 07 05:02p Najjar 717 761 3446 THE HAJJAR LAW OFFICE 1300 MARKET STREET SUffE A LEMOYNE, PA 17043 717:761-4115(0) 717:319-0713 (C) 717:761-3446 (F) ALBERT J. HAJJAR February 8, 2007 By Fax: 257-7581 Matthew M. Haar, Esquire Saul Ewing Re: Suri v. Dash Your No. 04-6039 .Matt: I sincerely apologize for the inexcusable delay in response to your discovery requests. My Para Legal will return and have your requests fulfilled by February 19tH (2007). If this new (and last) deadline is not acceptable to you, please call me. Kindest professional regards. Respectfully, n? beajj ar p.I SAUL EWING Attorneys at Law A Delaware LLP February 9, 2007 Via Facsimile to 717-761-3446 And Via Reeular Mail Albert J. Hajjar, Esquire The Hajjar Law Office 1300 Market Street, Suite 3 Lower Level Lemoyne, PA 17043 Re: Suri et aL v. Dash et al. No. 04-6039 Dear Al: Matthew M. Haar Phone: (717) 257-7508 Fax: (717) 257-7581 mhaar ts saul.com www.saul.com This letter is in response to your February 8, 2007, letter to me. You may have until February 19, 2007, to provide responses to my discovery requests on the condition that, if your responses are not received in my office by the end of the business day on February 19, 1 may file a motion to compel with the Court and represent pursuant to Local Rule 208.2(d) that you concur in the issuance of an order directing your clients to respond to the discovery requests within ten (10) days of the date of the order, and that this same condition applies to the outstanding discovery requests from Doug Marsico. If this is unacceptable, please notify me immediately. Please feel free to call me if you have any questions. Very truly yours, acc: Douglas K. Marsico, Esquire 2 North Second Street, 7t° Floor • Harrisburg, PA 17101-1619 • Phone: (717) 257-7500 a Fax: (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON 130604.1 VW07 A DELAWARE LIMITED UABIUTY PARTNERSHIP rc 0 % ! Torres, Judith V. From: RightFax E-mail Gateway Posted At: Friday, February 09, 2007 1:39 PM Conversation: Your fax has been successfully sent to Albert J. Hahar, Esquire at 7177613446. Posted To: Inbox Subject: Your fax has been successfully sent to Albert J. Habar, Esquire at 7177613446. Your fax has been successfully sent to Albert J. Hajjar, Esquire at 7177613446. From: Matthew M. Haar Client: 012523 Matter: 88721 ------------------------------------------------------------ Time: 2/9/2007 1:31:15 PM Sent to 7177613446 with remote ID "" Result: (0/339;4/11) Remote end was ringing but did not answer Page record: NONE SENT Elapsed time: 00:52 on channel 11 ------------------------------------------------------------ Time: 2/9/2007 1:37:11 PM Sent to 7177613446 with remote ID "717 761 3446" Result: (0/339;0/0) Successful Send Page record: 1 - 2 Elapsed time: 01:22 on channel 4 1 8 i 6c 0 a THE HAIJAR LAW OFFICE 1300 MARKS l' STREE I' StI ITEA LEMOYNE, PA 17043 (717) 761-X111.5 Fax: (717) 761-3,146 Albert J. H .I)ar March 9, 2007 Douglas K. Marsico, Esquire Caldwell & Kearns 3631 N. Front Street Harrisburg, PA 17110 Re: Suri, et at vs. Dash, et at No. 04-6039; Cumberland County Dear Mr. Marsico: Enclosed is a copy of Plaintiffs' Answer to the New Matter contained in the Hanna Defendants' Answer to the Complaint. The responses to the Interrogatories and Requests for Production you filed are being prepared and we expect to have them by the end of this coming week, at which time we will be sending them to you along with Interrogatories and Requests for Production directed to your clients. Respectfully, Enclosure Copies to: Matthew M. Haar, Esquire Umakant and Kalyane Dash Hitesh Suri &bertHajj'ar III JAMES R. CLIPPINGER CHARLES J. DEHART, III JAMES D. CAMPBELL. JR. JAMES L. GOLDSMITH P. DANIEL ALTLAND JEFFREY T. MGGUIRE• STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI DOUGLAS L. CASSEL +BOARO CERTIFIED CIVIL TRIAL ADVOCATE CALDWELL & KEARNS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW OF COUNSEL RICHARD L. KEARNS CARL G. WASS 3631 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL, JR. 0928-20011 February 23, 2007 717-232-7661 FAX: 717-232-2766 thefim6caldwelikeams.com Albert J. Hajjar, Esquire 1300 Market Street, Suite 3 Lower Level Lemoyne, PA 17043 Re: Suri, et al. v. Dash, et al. No. 04-6039 Dear Al: I am sure you are in receipt of the Court's Order denying your client's Preliminary Objections to the New Matter filed by the Defendants. While my client did not participate in the argument, it appears that the Order applies to your client's Preliminary Objections to my client's New Matter as well. Regardless, even if you disagree with the scope of the Order, the Order effectively rules against your client's Preliminary Objections against my client's New Matter on res judicata grounds. The bottom line is that your client needs to file an answer to my client's New Matter within 20 days from the date of the Order. Your client remains overdue on discovery served by my client on August 28, 2006. As per Mr. Haar's February 9, 2007 correspondence, you had agreed to provide complete discovery responses by February 19, 2007. If you have compelling reason for the delay, please notify me. Otherwise, I am now compelled to file a Motion with the Court pursuant to Local Rule 208.2(d). Should you wish to discuss the matter, please call me at your convenience. Very truly yours, Marsico L & KEARN S DKM:ml cc: Matthew M. Haar, Esquire 114213 t 1 ?' Cj r Mm Fri r HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 04-6039 CIVIL Defendants AMENDMENT TO DEFENDANTS JACK GAUGHEN, INC. AND KEITH SEALOVER'S UNCONTESTED MOTION TO COMPEL DISCOVERY FROM PLAINTIFFS Defendants, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover (collectively "Jack Gaughen"), by and through their counsel, Saul Ewing LLP, in response to the Court Administrator's notice dated May 8, 2007, add this amendment to their motion to this Court to enter an order directing Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri to respond to Defendant's First Set of Interrogatories and Defendant's Request for Production of Documents. In support thereof Jack Gaughen avers the following: 16. Judge Hess has ruled on other matters in this case. Specifically, by Order dated October 24, 2005, Judge Hess denied a request for a protective order, by Orders dated July 20, 2006, Judge Hess denied defendants' preliminary objections to the complaint and plaintiffs' preliminary objections to defendants' preliminary objections, and by Order dated February 14, 2007, Judge Hess denied plaintiffs' preliminary objections to defendants' new matter. 132297.2 5/9/07 f 17. Counsel for Jack Gaughen sought concurrence in this motion from plaintiffs' counsel, and plaintiffs' counsel accepted an extension of a discovery deadline based on the premise that he would concur in this motion. See paragraph 10 of the original motion and the Certification of Concurrence Pursuant to Local Rule 208.2(d) attached thereto. WHEREFORE, Defendants Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover respectfully request that this Court enter an Order directing Plaintiffs Hitesh Suri, Rama Suri, and Satish Suri, to respond to Jack Gaughen's discovery requests within ten (10) days of the issuance of an order compelling their compliance or suffer sanctions under Rule 4019, and grant such further relief as the Court deems just and equitable. Respectfully submitted, .Z/1I/% ///? Dated: May 9, 2007 1322972 5/9/07 Matthew TV Haar, Esquj e Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7th Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys far Defendants Jack Gaughen, Inc. and Keith Sealover -2- CERTIFICATE OF SERVICE I hereby certify that on May 9, 2007, I served a true and correct copy of the foregoing Amendment to Motion to Compel Discovery via first class mail, postage prepaid upon the following persons: Albert J. Haj j ar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Douglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Counsel for Defendants C.M. Detweiler, Inc. t/d/b/a Howard Hanna Detweiler Realty and Hillary Bitting Umakant Dash and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 atthew . Haar 132297.2 5/9/07 ?..; N :.? „,.a ?('j __ a ? --'4 ? _ i w? _f I .. r yl t-? .. _ ?? ? i iii "' ??: MAY 0 $ 200701V ------------------------------------------------------------------------------------------------------------------ HITESH SURI, RAMA SURI and : IN THE COURT OF COMMON PLEAS OF SATISH SURI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, C M DETWEILER, INC. i/t/a CASE NO. 04-6039 CIVIL HOWARD HANNA DETWEILER REALTY, HILLARY BITTING, JACK GAUGHEN, INC., i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants ORDER AND NOW, this fiy day of May, 2007, upon consideration of Defendants Jack Gaughen, Inc. and Keith Sealover's Uncontested Motion to Compel Discovery from Plaintiffs, the Motion is GRANTED. IT IS HEREBY ORDERED that Plaintiffs shall serve full and e--?- ('Z0) complete responses to the underlying discovery upon all counsel of record within 4en (4 9) d-my -S of the issuance of this Order, or be subject to sanctions under Pa. R. Civ. P. 4019. BY THE COURT Distribution: ,,Abert J. Hajjar, Esquire Matthew M. Haar, Esquire ozouglas K. Marsico, Esquire /makant Dash and Kalyane Dash coe IkA 6 132297.1 4/30/07 d (? 70 •Ql PI 9 1 t, -,f LOQZ 2'-2' Doi zC' HITESH SURI, RAMA SURI and SATISH SURI, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants CASE NO. 04-6039 CIVIL MOTION FOR DISMISSAL WITH PREJUDICE BY DEFENDANTS C.M. DETWEILER INC. i/t/a HOWARD HANNA DETWEILER REALTY HILLARY BITTING JACK GAUGHEN, INC. i/t/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER Defendants C. M. Detweiler, Inc. i/t/a Howard Hanna Detweiler Realty and Hillary Bitting (collectively "Detweiler") and Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover (collectively "Jack Gaughen") hereby move for the dismissal with prejudice of all of Plaintiffs' claims against them and in support thereof aver as follows: On December 2, 2004, Suris filed a Praecipe for Writ of Summons against Umakant and Kalyane Dash ("Dashes"), Detweiler and Jack Gaughen in the above-captioned matter. 2. On or about February 21, 2006, Suris filed a Complaint. 3. Detweiler and Jack Gaughen separately filed. Answers to the Complaint denying any and all liability to Suris. 146133.1 11/7/08 4. Detweiler and Jack Gaughen have asserted cross-claims against each other for contribution, and each denies liability to the other. The parties have engaged in discovery, including interrogatories, document requests and depositions. 6. On or about September 18, 2008, Suris, Detweiler and Jack Gaughen agreed to settle all claims among them. This settlement does not include claims against the Dashes. 7. Plaintiffs have agreed to the dismissal with prejudice of all of their claims against Detweiler and Jack Gaughen. 8. Plaintiffs' counsel concurs in this motion. 9. Counsel has attempted to contact the Dashes regarding this matter, but have been unable to do so. The last known address for Dashes is 310 Conner Circle, Sacramento, CA 95835. Recent papers mailed to that address have been returned as undeliverable. 10. Judge Hess previously ruled in this matter on Preliminary Objections, a Motion to Compel Mediation and a Motion for Protective Order. WHEREFORE, Defendants C.M. Detweiler, Inc., individually and trading as Howard Hanna Detweiler Realty, Hillary Bitting, Jack Gaughen Inc., individually and trading as Jack Gaughen Realtor ERA and Keith Sealover respectfully request that the Court dismiss all of 146133.1 Lin/o6 2 Plaintiffs' claims against them with prejudice, and grant such further relief as the Court deems just and equitable. Respectfully submitted, Dated: October 32008 W-Efaq'ui/re? Matthew . , Attorney I.D. # 85688 SAUL EWING LLP 2 North Second Street, 7th Floor Harrisburg, PA 17111 (717) 257-7508 Attorneys for Defendants Jack Gaughen, Inc. and Keith Sealover dsmith, Esquire Dougla?K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorneys for Defendants C. M. Detweiler, Inc. and Hillary Bitting 146133.111/3/08 3 CERTIFICATE OF SERVICE I hereby certify that on November 7, 2008,1 served a true and correct copy of the foregoing Motion via first class mail, postage prepaid upon the following persons: Albert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 Counsel for Plaintiffs Umakant and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 r Matthew . Haar 146133.1 11/7/08 F' CZ-) ti -------- - ----- HITESH SURI, RAMA SURI and IN THE COURT OF COMMON PLEAS SATISH SURI, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. UMAKANT DASH, KALYANE DASH, : C M DETWEILER, INC. Individually and: CASE NO. 04-6039 CIVIL t/d/b/a HOWARD HANNA DETWEILER: REALTY, HILLARY BITTING, JACK GAUGHEN, INC., Individually and: t/d/b/a JACK GAUGHEN REALTOR ERA and KEITH SEALOVER, Defendants ORDER AND NOW, this /q w day of Alerw..l cr , 2008, upon consideration of the Motion for Dismissal with Prejudice by Defendants C. M. Detweiler, Inc. i/t/a Howard Hanna Detweiler Realty, Hillary Bitting, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover, and noting the consent to the Motion by Plaintiffs and their counsel, IT IS HEREBY ORDERED that the Motion is GRANTED. All of Plaintiffs' claims against Defendants C. M. 146133.1 1 In/08 P?. #, (fin 7 i3 ? ; G i'? C] ' i' ??? r+U?4 U `' ta?`f' `? ??;a???13?=j Detweiler, Inc. i/t/a Howard Hanna Detweiler Realty, Hillary Bitting, Jack Gaughen, Inc. i/t/a Jack Gaughen Realtor ERA and Keith Sealover are DISMISSED with prejudice. BY THE COURT Distribution: bert J. Hajjar, Esquire 1300 Market Street, Suite 3, Lower Level Lemoyne, PA 17403 /makant and Kalyane Dash 310 Conner Circle Sacramento, CA 95835 ?tthew M. Haar, Esquire Saul Ewing LLP 2 N. Second Street, 7 h Floor , Harrisburg, PA 17101 X ?/_".,uglas K. Marsico, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 146133.1 11/7/08