HomeMy WebLinkAbout13-3749 Supreme C �,�o�Tennsylvania
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Court of- COinmo ,2 Pleas For Prothonotary Use Only:
CiAl�Cover�Sheet Docket No:
Cu M�etla�rid' County -3 -7! t
' ;r
The irtformalion collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint El Writ of Summons El Petition rl Transfer from Another Jurisdiction E] Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Connie L. Zitsch Caroline H. DeMartyn
T Dollar Amount Requested: Swithin arbitration limits
I Are money damages requested? El Yes E No (check one) [3outside arbitration limits
O
N Is this a Class Action Suit? El Yes No Is this an MDJAppeal? 0 Yes 0 No
A Name of Plaintiff /Appellant's Attorney: Nicole L. Javitt
0 Check here if you have no attorney (are a Self - Represented [Pro Sep Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional El Buyer Plaintiff Administrative Agencies
El Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment
0 Motor Vehicle ❑ Debt Collection: Other 0 Board of Elections
Nuisance 0 Dept. of Transportation
] Premises Liability Q Statutory Appeal: Other
S Product Liability (does not include _; Employment Dispute:
E mass tort)
El Slander/Libel/ Defamation Discrimination
C El Other: E Employment Dispute: Other Q Zoning Board
� Other:
,
I Other:
O MASS TORT
El Asbestos
N 0 Tobacco
E] Toxic Tort - DES
0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
i❑ Toxic Waste
El Ejectment F.1 Common Law /Statutory Arbitration
B Other: M Eminent Domain /Condemnation 0 Declaratory Judgment
El Ground Rent E] Mandamus
El Landlord/Tenant Dispute Non- Domestic Relations
El Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial El Quo Warranto
0 Dental Partition 0 Replevin
Legal Quiet Title l Other:
0 Medical rl Other:
E] Other Professional:
Updated 1/1/2011
Nicole L. Javitt, Esquire
ID #309137 Oy THE pR0TH0N0Tt'PY
Dethlefs - Pykosh Law Group, LLC
2132 Market Street 2013 JUN 20 PM 1: 00
Camp Hill, Pennsylvania 17011
Telephone —(717) 975 -9446 CUMBERLAND COUNT Y
Fax — (717) 975 -2309 PENNSYLVANIA
njavift(-dplglaw com Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. No:
1 - 3 -- 3 -� y 9 ems; • I
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation
Defendants.
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take this action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by an 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 of for any other claim or relief requested by 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 OR CANNOT AFFORD ONE, THEN YOU SHOULD
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
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 FOR A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone No. 249 -3166 5'16 3e 75 f �� �
Nicole L. Javitt, Esquire
ID # 309137
Dethlefs - Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975 -9446
Fax — (717) 975 -2309
niavittedplglaw.com Attorney for Plaintiff
Connie L. Zitsch COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. No: ' 3 — 3 -7 Y'� Gk--
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, INC. a
Pennsylvania business corporation,
Defendants.
COMPLAINT
AND NOW comes the Plaintiff, Connie L. Zitsch, by and through her attorneys,
Dethlefs - Pykosh Law Group, LLC, by Nicole L. Javitt, Esquire, and files the within Complaint
and in support therof avers as follows:
1. Plaintiff is Connie L. Zitsch (the "Plaintiff'), an individual whose address is 5415
Laurie Lane, Enola, PA 17025 (hereinafter referred to as the "Property ").
2. Defendant, Caroline H. DeMartyn, (the "Seller ") is an individual whose address is
49 Ashburg•Drive, Suite 55, Mechanicsburg, PA 17050.
3. Defendant, Mike Biechler, (the "Inspector ") is an individual and owner of
Inspection Center by Mike Biechler, Inc, a Pennsylvania business corporation with its principal .
place of business at 2466 Roundtop Road, Middletown, PA 17057.
4. Defendant, Inspection Center by Mike Biechler, Inc., is a Pennsylvania business
corporation with a business address located at 2466 Roundtop Road, Middletown, PA 17057.
COUNT 1
Connie L. Zitsch v. Caroline H. DeMartyn
BREACH OF CONTRACT FOR SALE OF REAL PROPERTY — FAILURE TO
DISCLOSE A MATERIAL DEFECT
5. Plaintiff incorporates by reference paragraphs 1 through 4 as if set forth herein at
length.
6. On or about September 11, 2012, Plaintiff and Seller entered into a written
agreement in which Plaintiff agreed to purchase and Seller agreed to sell real property located at
5415 Laurie Lane, Enola, PA 17025. A true and correct copy of the written sales agreement (the
"Agreement ") is attached hereto as Exhibit "A" and incorporated herein by reference.
7. Prior to Plaintiff's execution of this agreement, Seller presented Plaintiff with a
Seller's Property Disclosure Statement dated September 5, 2012 which was prepared and signed
by Seller. A true and correct copy of the Seller's Property Disclosure Statement is attached
hereto as Exhibit `B" and incorporated herein by reference.
8. Plaintiff relied on the Seller's representations set forth in the Disclosure Statement
in entering into the Agreement.
9. Plaintiff performed all conditions, covenants and promises on Plaintiff's part to be
performed in accordance with the terms and conditions of this Agreement.
10. Plaintiff closed escrow and took possession of the Property on October 15, 2012.
11. Approximately two weeks after Plaintiff took possession of the Property she
noticed a makeshift wall in the basement which she immediately had removed to find that it was
covering large cracks in the foundation. See photo attached hereto as Exhibit "C" and
incorporated herein by reference.
12. Seller owed a duty to Plaintiff to inform Plaintiff of the history of the cracks in the
basement walls and the water leakage which resulted therefrom.
13. Plaintiff is informed and believes, and alleges on that basis, that Seller breached
the Agreement by failing to disclose material and important information regarding the condition
of the real property that was within Seller's knowledge.
14. During the inspection of the Property, Seller's representatives stood in front of the
makeshift wall so that the cracks behind the wall would go unnoticed.
15. In the Seller's Disclosure Statement, Seller states that they are aware of dampness
in the basement of the Property and that they attempted to control the dampness problem with a
dehumidifier. Seller also states in the Disclosure Statement that they are not aware of any past or
present water leakage in the house, nor are they aware of any past or present movement, shifting,
deterioration, or other problems with walls, foundations, or other structural components.
16. Seller made no other references in the Seller's Disclosure Statement to the leaking
in the basement or to the cracked foundation.
17. Seller has owned and maintained the Property as her primary residence since
February 1966, as is referenced in the Seller's Disclosure Statement.
18. Plaintiff would not have entered into the Agreement had Plaintiff known the true
facts regarding the condition of the property.
19. As a result of Seller's breach of the Agreement by failure to disclose a material
defect, Plaintiff has been damaged in the amount of $14,800.00, as Plaintiff has been forced to
incur the costs and expenses of correcting the defects and problems on the real property. A true
and correct copy of the Proposal for repairs is attached hereto as Exhibit "D" and is incorporated
herein by reference.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in the amount of $14,800.00 for the cost of repairs and reasonable attorney's
fees as the Court sees fit.
COUNT2
Connie L. Zitsch v. Caroline H. DeMartyn
FRAUD
20. Plaintiff incorporates by reference paragraphs 5 through 19 as if set forth herein at length.
21. Defendant made specific representations to Plaintiff.
22. On line 36 of the Seller's Property Disclosure Statement, Seller specifically represents
that she was not aware of any water leakage, accumulation, or dampness within the basement or
crawl space of the subject property.
23. On line 49 of the Seller's Property Disclosure Statement, Seller specifically represents
that she was not aware of any past or present movement, shifting, deterioration, or other
problems with walls, foundations, or other structural components.
24. The condition of the Property and the existence or non - existence of cracks in the
foundation and excess water flowing towards the house is material.
25. Upon information and belief, Seller intentionally concealed the existence of the cracks in
the foundation by covering them with drywall, blocking them during the inspection and failing to
disclose the same to Plaintiff in the Seller's Disclosure Statement or directly to Plaintiff.
26. Seller concealed the facts with the intent to mislead the Plaintiff.
27. Plaintiff justifiably relied on Seller's non - disclosure.
28. Seller's concealment of the defects were calculated to deceive Plaintiff and other
potential purchasers in an effort to achieve the highest possible price for the Property.
29. Seller's aforementioned conduct is outrageous.
30. To cure the cracks in the foundation and the water drainage problem the following steps
must be take to the detriment of the Plaintiff in the amount of $14,800.00:
a. Demo brick work on the front block wall;
b. Excavate front and west end for drainage pipe;
c. Relay block and brick with new material to waterproof the
foundation wall;
d. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
e. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in the amount of $14,800.00 which represents the total cost to repair the
subject premises, in addition to punitive damages for the willful, wanton and /or malicious
conduct of Defendant, plus costs, fees and any other relief that this Honorable Court deems
necessary and proper.
COUNT 3
Connie L. Zitsch v. Caroline H. DeMartyn
VIOLATION OF THE PENNSYLVANIA REAL ESTATE SELLER DISCLOSURE LAW
(68 Pa. C.S. & 7301 et. seq.)
31. Plaintiff hereby incorporates paragraphs 20 through 30 as if fully set forth herein.
32. Pursuant to 68 Pa. C.S. § 7303 "[a]ny seller who intends to transfer any interest in real
property shall disclose to the buyer any material defects with the property known to the seller by
completing all applicable items in a property disclosure statement which satisfies the
requirements of section 7304 (relating to disclosure form). A signed and dated copy of the
property disclosure statement shall be delivered to the buyer in accordance with section 7305
(relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the
seller and buyer with respect to the property."
33. On September 5, 2012, Seller completed the Seller's Property Disclosure Statement as
contemplated by and further required by 68 Pa. C.S. § 7301 et seq.
34. Pursuant to 68 Pa. C.S. § 7307, "[i]f information disclosed in accordance with this
chapter is subsequently rendered inaccurate prior to final settlement as a result of any act,
occurrence or agreement subsequent to the delivery of the required disclosures, the seller shall
notify the buyer of the inaccuracy."
35. Specifically, Seller has lived on the Property since 1966 and hid the defects in the block
wall in the basement behind dry wall.
36. Seller failed to notify Plaintiff of the existence of the cracks in the foundation of the
basement and of water drainage issues with the subject property in violation of 68 Pa. C.S. §
7307.
37. Pursuant to 68 Pa. C.S. § 7308, Seller had an affirmative duty to not fail to disclose a
known material fact.
38. Specifically and upon information and belief, Plaintiff avers that Seller failed to disclose
the existence of the cracks in the foundation and the water drainage problems on the subject
property, when she knew of the same, in violation of 68 Pa. C.S. § 7308.
39. To cure the cracks in the foundation and the water drainage problem the following steps
must be take to the detriment of the Plaintiff in the amount of $14,800.00:
a. Demo brick work on the front block wall;
b. Excavate front and west end for drainage pipe;
c. Relay block and brick with new material to waterproof the
foundation wall;
d. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
e. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in the amount of $14,800.00 which represents the total cost to repair the
subject premises, in addition to punitive damages for the willful, wanton and/or malicious
conduct of Defendant, plus costs, fees and any other relief that this Honorable Court deems
necessary and proper.
COUNT 4
Connie L. Zitsch v. Inspection Center by Mike Biechler, Inc.
NEGLIGENCE THROUGH VICARIOUS LIABILITY— FAILURE TO PROPERLY
INSPECT
40. Plaintiff incorporates by reference paragraphs 31 through 39 as if set forth herein
at length.
41. At all times relevant hereto, Matt Mueling, an inspector, was employed by
Defendants, Mike Biechler and Inspection Center by Mike Biechler, Inc. Mike Mueling was
under the direct supervision, employ and control of the Defendant when the negligent inspection
occurred. Mueling performed the inspection for the Plaintiff while acting in the course and scope
of his employment with Defendant, Inspection Center. Therefore, Defendant, Inspection Center
by Mike Biechler, is liable for the defective inspection under the law of vicarious liability.
42. On or about August 31, 2012, Plaintiff entered into a contract with Defendant,
Inspection Center by Mike Biechler, Inc., to perform an inspection on the Property for a total of
$580.00. See the Inspection Agreement attached hereto as Exhibit "E" and incorporated herein
by reference.
43. On or about September 5, 2012, the inspector, Matt Mueling, entered the subject
Property and performed an inspection which was to include the following: Full Home Inspection,
Wood Infestation Inspection, Radon Test and a Water Test. See the Inspection Summary
attached hereto as Exhibit "F" and incorporated herein by reference.
44. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Basement of the Property.
45. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Structure of the Property.
47. The Inspection Summary from Defendant lists no problems on the Exterior of the
Property with respect to the grading of the front yard causing water damage.
48. Defendant made no other references in their Inspection Summary which would
disclose the true and defective condition of the Property.
49. The defects in the Property are material and significant so that a licensed
inspector performing a reasonable and diligent inspection of the Property should have discovered
them and disclosed them to the Plaintiff.
50. Plaintiff reasonably relied on the Inspector's representations set forth in the
Inspection Summary in entering into the Agreement and purchasing the Property.
51. Plaintiff would not have entered into the Agreement had Plaintiff known the true
condition of the Property.
52. As a result of Defendant's negligence by failing to properly inspect the Property,
Plaintiff has been damaged in the amount of $14,800.00, as Plaintiff has been forced to incur the
costs and expenses of correcting the defects and problems on the real property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in the amount of $14,800.00 for the cost of repairs, $580.00 for the cost of
inspection and reasonable attorney's fees as the Court sees fit.
COUNT 5
Connie L. Zitsch v. Mike Biechler
NEGLIGENCE THROUGH VICARIOUS LIABILITY— FAILURE TO PROPERLY
INSPECT
53. Plaintiff incorporates by reference paragraphs 40 through 52 as if set forth herein
at length.
54. At all times relevant hereto, Defendant, Mike Biechler, was the owner of
Inspection Center and the supervisor of his employee, Matt Mueling.
55. Defendant Biechler failed to adequately train and /or supervise Matt Mueling
during his employment as an inspector with Inspection Center.
56. Therefore, Defendant Biechler is responsible for the acts of his employees and is
liable for the defective inspection under the law of vicarious liability.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in the amount of $14,800.00 for the cost of repairs, $580.00 for the cost of
inspection and reasonable attorney's fees as the Court sees fit.
R ed, DATED: (,� Niire
Attorney ID # 309137
Dethlefs - Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975 -9446
Attorney for Plaintiff
VERIFICATION
I, Connie Zitsch, hereby swear and affirm that I am the Plaintiff in the within action, and
the facts contained in the Complaint in Civil Action 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. Section 4904 relating to unsworn falsification to authorities.
Connie Zitsch
AGREEMENT OF PI CHASE AND SALE OF
THIS AGREEMENT, made and entered into this t''' REAL ESTATE —AS IS
LL day of ` , 2012,
By and between Caroline H DeMartyn, widow, of Mechanicsburg, Cumberland County,
Pennsylvania hereinafter called "Seller"
and
Conroe L Zrtsch of Enola; (`timberland County, Pennsylvania, hereinafter called "Purchaser ".
IN CONSIDERATION OF THE MUTUAL, COTENANTS AND AGREEMENTS
HEREINAFTER CONTAINED, IT IS AGREED BY AND BETWEEN SELLER AND PURCHASER
AS FOLLOWS:
1 • Premises,
Seller agrees to sell to Purchaser and Purchaser agrees to purchase and accept the conveyance of
5415 Laurie Lane, Enola, Cumberland County, Pennsylvania, 17025, as more particularly described
in Deed Book U, Vol. 21 Page 602, Cumberland County Recorder of Deeds Office, parcel 10-14 -
0842 -o68.
2. Sales Price.
The purchaser agrees to pay to Seller as full consideration the sum of One Hundred Twenty Five
Thousand Dollars ($125,000.00) and no cents, payable as follows:
A. $1,320.00 deposit check upon the execution of this agreement, receipt whereof is
hereby aelmowledged and to be held in escrow by MILLER MITT, LLC;
B. The remaining balance to be paid at settlement.
C. Settle een Closing the sale of the Property pursuant to this Agreement will be held
on or before the tEr day of S p Wer 2c 2
3 Contingencies. This Agreement is contingent upon the following:
A. Financing: Terminal Date for obta financing commitment: September 21,
2012.
B. Buyer shall make a completed application to a responsible lending institution for
the financing on or before September 12 2012. Should the Buyer fail to make such completed
application within the specified time, it shall be at the option of the Seller, within five (5) days
thereafter to:
0) Declare this entire agreement NULL AND VOID and all deposit monies paid
on account will be forfeited to Seller as liquidated darnages.
(ii) Failure by Seller to implement clause B. (i) above shall act as Seller's
acknowledgment that Buyer has an additional ten (zo) days in which to complete said application
for financing. No extension will thereafter be granted by Seller to Buyer.
4. Personal Property and Fixtures. Included in this sale are all existing items
permanently installed in the property, free of liens, and other items including plumbing; heating;
radiator covers; lighting fixtures; electrical animal fencing systems (excluding collars); garage door
EXHIBIT 1
openers and transmitters; "le"sion antennas
unspotted shrubbery, plantings and trees am>
remaining heating and cooling fuels stored on the Property ;
detectors and carbon monoxide detectors; sum P P �' at the time of settlement; smoke
P Pumps; storage sheds; fences; mailboxes; wall to
wall carpeting; existing window screens, storm windows and screen /storm doors; window covering
hardware, shade and blinds; awning; bu ilt - in air conditioners; built-in applian ces; the range /oven
unless otherwise states; and, if owned, water treatment s T '
3 stems, propane tanks, satellite dishes
and security systems..Also included: all kitchen appliances; w�ier aad�rl`' r!�
5• Proration_ Real estate taxes for the current tax
municipal services shall be prorated between Seller and Purchaser as of the actual charges for ]tenab le
6. Transfer Tax. All state and local transfer tax to which the conveyance of ng.
Property is subject will be divided and paid equally by the Purchaser and Seller_
7• Default. TIME IS OF THE ESSENCE: The said time for settlement and all other
items referred to for the performance of any of the obligations of this Agreement are hereby agreed
to be of the essence of this
If Purchaser fails to pay the purchase price in full and complete closing on or before the
date stated herein, other than for the failure of any contingencies as set forth above, all monies
paid on account of the purchase price by Purchaser shall be retained by Seller as liquidated
damages for Purchaser's breach of this agreement, otherwise all monies paid on account shall be
returned to the Purchaser. If Seller is unable, after good faith effort, to convey to Purchaser title to
the Property of the quantity and quality ,required by this Agreement, then the Purchaser shall have
the option of taking such title as the sellers can give without abatement of price or of having all
monies paid by the purchaser on account of the purchase price returned to them and this
agreement will become null and void and the rights and obligations hereunder will be terminated.
8. Possession. Possession of the Property is to be given at time of settlement.
9• Title_ Seller shall convey to Purchaser by special warranty deed, good "and "
marketable title to the Property insurable at regular rates by a Pennsylvania licensed title
insurance provider subject to building, zoning and deed restrictions, and easements of record
visible by inspection. None of the above exceptions to title shall materially and adversely affect
Purchaser's intended use and occupancy of the Property or the continued maintenance of the
improvements on the Property. If title does not meet the foregoing terms, Purchaser reserves the
right to terminate this agreement
lo. Condition of Premise - Right of Inspection — AS IS.
Condition: It is understood that the property being sold is not new, and purchaser
acknowledges there are no representationg by the Seller or any agent of the Seller regarding the
condition of the premises. Buyer is informed that the Seller is unaware of any latent defects in the
property, or any component thereof, including but not limited to the presence of urea
2
formaldehyde or asbestos insulation, sewers, foundation, structural conditions unless otherwise
mentioned in this agreement.
Inspection: Purchaser is hereby granted the right to inspect the premises including a
pest inspection, or to obtain inspection reports of qualified experts at their own expense.
11. Risk of Loss. The risk of loss or damage to the Property by fire or other casualty.will
be accepted by Seller during the .entire executory period. of this Agreement If prior to final closing,
the 'Property is damaged by fire or other casualty, Purchaser will have the option of declaring this
Agreement null and void and receiving return from Seller of all sums paid by Purchaser to Seller
on account of the purchase price, or of accepting the Property in damaged condition, completing
closing by paying the purchase price without abatement and receiving from Seller assignment of all
insurance proceeds obtained on obtainable by Seller.
12. Brokerage_ Seller .represents and warrants to Purchaser that Seller is not obligated
to pay any brokerage fees resulting from Purchaser's conveyance of the Property and Seller yew
indemnify and defend Purchaser from and against any claims made by any person or entity for fees
or commissions pursuant to any alleged brokerage contract with Purchaser or for damages for
interference with any such contract-
1 3. Entire Agreement. This writing contains the entire agreement of the Seller and
Purchaser. No modification of this Agreement will be effective and binding unless reduced to a
writing signed by both Purchaser and Seller.
14_ Binding Agreement This document is a legally binding agreement and will be
binding upon the heirs and assigns of Purchaser and Seller.
15. Approval. This Agreement is subject to the written approval of Seller by the
/ day of September 2012.
Vff NESS: PURCHASER:
Connie L Zitsch
WITNESS: SELLER:
"-)1k
"J Caroline H DeMartyn
3
SELLER'S PROPERTY DISCLOSURE STATEMENT SPD
This form recommend and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).
1 PROPERTY 1 ��. J �t2 U .1i✓t e Lava e A 7 jj
2 SELLER CQ,_ftol in P N
3 The Real Estate Seller Disclosure Law (68`P.S. §7301 et seq.) requires that a seller of a property must disclose to a buyer all known
4 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclosure
5 statement covers common topics beyond the basic requirements of the Law in an effort to assist sellers in complying with disclosure
6 requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the basic disclosure form
7 can find the form on the Web site of the Pennsylvania State Peal Estate Commission.
8 This Statement- discloses Seller's knowledge of the condition of the property as of the date signed by Seller and. is not a substitute
9 for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a war -
10 ranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address
11 concerns about the conditions of the property that may not be included in this Statement. Phis Statement does not relieve Seller of the
12 obligation to disclose a material defect that may not be addressed on this form.
13 A Material Defect is a problem with a residential real property or any portion of it that would have a significant adverse impact on the
14 value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or sub -
15 system is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
16 1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, architecture, environmental assessment or
17 other areas related to the construction and conditions of the property and its improvements, except as follows:
18
19 2. OWNERSHIP /OCCUPANCY
20 (a) Is the property currently occupied? _ Yes -.4 No If "yes," by whom? —Seller _ Other occupants (tenants)
21 . .If property is not occupied, when was it last occupied? J
22 (b) How long have you owned the property? rc° h (Cllr /e
23 (c) Are you aware of any pets having lived in the house or other structures during your ownership? _ Yes No
24 If "yes," describe:
25 3. ROOF _
26 (a) Date roof installed: O-6 gSs&s Documented? _ Yes —No � Unknown
27 (b) Has the roof been replaced or repaired during your ownership? � Yes _ No
28 If "yes," was the existing roofing material removed? Yes _ No _Unknown
29 (c) Has the roof ever leaked during ownership? Yes No
30 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? _ Yes _ No
31 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
32
33 4. BASEMENTS AND CRAWL SPACES (Complete Only if applicable)
34 (a) Does the property have a sump pump? _ Yes ,_ No _ Unknown
35 If "yes," has it ever run? — Yes — No —Unknown Is it in working order? _ Yes — No Unknown I r
36 (b) Are you aware of any water leakage, accumulation, o dampness within the basement or crawl space? K Yes _ No de�tLtcrt
37 (c) Do you know of any repairs or other attempts to cont
ro any water or dampness problem in the basement or crawl space? L Yes _ No
38 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any.repair or remediation efforts:
39
40 5. TERMITES/WOOD- DESTROYING INSECTS, DRYROT, PESTS
41 (a) Are you aware of any termites /wood - destroying insects, dryrot, or pests affecting the property? _ Yes X No
42 (b) Are you aware of any damage to the property caused by tcrtnites /wood - destroying insects, dryrot, or pests? _Yes No
43 (c) is your property currently under contract by a licensed pest control company? _Yes No
44 (d) Are you aware of any termite/pest control reports or treatments for the property? _ Yes Y No
46
45 Explain any "yes" answers in this section, including the name of any service /treatment provider, if applicable:
47 6. STRUCTURAL ITEMS
48 (a) Are you aware of any past or present water leakage in the house or other structures? _ Yes No
49 (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other
50 structural components? _ Yes - 2< No
51 (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property? _Yes No
52 (d) Is your property constructed with an Exterior Insulating Finishing System ()(IFS), such as Dryvit or synthetic stucco?
53 _ Yes _ No _l Unknown If yes, date installed, if known
54 (e) Are there any defects (including stains) in'flooring or floor coverings? _.Yes ?�. No _Unknown
55 (f) Are you aware of any fire, storm, water or ice damage to the property? _ Yes 2� No
56 Explain any "yes" answers in this section, including the location and extent of any problems) and any repair or remediation efforts:
57
58 Buyer Initials: Date v
SPD Page 1 of S Seller Initials -' �l: �t i' - I . Date' f ~ _� �� / =z
+% I Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 2009
02/09
RSR REALTORS, LLC 3 Lemoyne Drive Lemoyne, PA 17043 EXHIBIT
Phone: 717 -763 -1212 132 Fax: 717- 763 -1656 Terri Walters- Barrick Zitsch
Produced with ZipForm@ by zpLogix 18070 Fifteen Mile Road. Fraser, Michigan 480
59 7. ADDITIONS /ALTERATIONS Have any additions, structural changes, or other alterations been made to the property
60 during our owncrshi ? Yes —No
61 If yes, list additions, structural changes, or alterations Approximate Were permits obtained? Were final inspections /approvals
62 (use additional sheets if necessary).
63 t n� _ �� �� date of work (� ,
es/No /Unknown) obtained? (Yes/No/Unknown)
64 4�? I c G> ye s y�
65
66
67
68 Note to Buyer: The PA Construction Code Act, 35 P.S. §7210.101 et seq.
69. e ectine 2004), and local codes establiestablish standards or building nd
altering properties. Buyers should check with the nrunicipalitl, to detenn re ifpermits and /or approvals were necessary for disc/ sed ivork and if
70 so, whether they were obtained. Where required permits were not obtained, the municipality might require the current owner to upgrade or remove
71 changes matte by prior owners. Buyers can have the property inspected by an expert in codes compliance to determine if issues exist. Expanded
72 title insurance policies may be available for Buyers to cover the risk of work done to the property by previoars owners without a permit or approval.
73 8. WATER SUPPLY
74 (a) What is the source of your drinking water? _ Public Water :- Well on Property _Community Water
75 _ None _ Other (explain):
76 (b) When was your water last tested? _ U gpRox . l D v P5 Test results: GGL� l
77 If your drinking water source is not public, is the pumping
78 If "no," explain: system in working order? 5C Yes — No
79 (c) Do you have a softener, filter, or other treatment system? " Yes — No
80 If you do not own the system, explain:
81 (d) Have you ever had a problem with your water supply? _ Yes X No
82 (e) Has your well ever run dry? _ Yes X No _ Not Applicable
83 (f) Is there a well on the property not used "as the primary source of drinking water? —yes X No
84 If yes, is the well capped? — yes —No
85 (g) Is the water system shared? —Yes X No
86 (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items?
87 — Yes X No
88 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
89
90
91 9. SEWAGE SYSTEM
92 (a) What is the type of sewage system? )� Public Sewer _ Individual On -lot Sewage Disposal System
93 — Individual On -lot Sewage Disposal System in Proximity to Well _ Community Sewage Disposal System
_
95
94 _Ten -acre Permit Exemption _ Holding Tank None — None Available/Pennit Limitations in Effect
_, Other type of sewage system (explain):
96 (b) If Individual On -lot sewage system, what type? _ Cesspool _ Drainfield _Unknown
97 _ Other (specify):
98 (c) Are there any septic tanks on the Property? .4 Yes _ No _ Unknown
99 If "yes," what type of tank(s)? — Metal /steel Cement/concrete _ Fiberglass Unknown
00 _ Other (specify):
01 (d) When was the on -site sewage disposal system last serviced? LCt40c c{ Q,�c( nn �Ofi caCP
.02 (e) Are there any sewage pumps located on the property? _ Yes X No
v
03 If yes, type(s) of pump(s)
04 Who is responsible for maintenance of sewage pumps? Are pump(s) in working order? _Yes _No
05 (f) Is the sewage system shared? _ Yes X No
.06 (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items?
07 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
08 m _Yes No
09 10. PLUMBING SYSTEM
10 (a) Type of plumbing (check all that apply): –X Copper Galvanized
.11 Mixed — Unknown _ Other (explain): Lead PVC Polybutylene pipe (PB)
12 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath-
_ 13 room fixtures; wet bars; etc.)? _ Yes � No
14 if "yes," explain:
15 11. DOMESTIC WATER HEATING
16 (a) Type of water heating: _ Electric _ Natural Gas '�L Fuel Oil _ Propane
17 Other (explain): Solar _ Summer/Winter Hook -Up
18 (b) Are you aware of any problems with any water heater or related equipment? _Yes ` No
19 If "yes," explain:
.20 Buyer Initials: Date
SPA Page 2 of 5 Seller Initials: i( Date
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.21 12. AIR CONDITIONING SYSTEM
.22 (a) Type of air conditioning: - Central Air _ Wall Units - Window Units Drone
.23 Other (explain):
24 Number of window units included in sale Location(s)
.25 (b) Age of Central Air Conditioning System: - Unknown Date last serviced, if known
2 6 (c) List any areas of the house that are not air conditioned: G� I� L
27 (d) Are you aware of any problems with any item in this section? Y+s No
28 If "yes," explain: - -
.29 13. HEATING SYSTEM
30 (a) Type(s) of heating fuel(s) (check all that apply): Electric )( Fuel Oil - Natural Gas _ Propane
.31 _ Coal - Wood - Other:
32 (b) Type(s) of heating systcm(s) (check all that apply): _ Forced Hot Air Hot Water _ _ Heat Pump
Other: ow many
33 _ Electric Baseboard _ Steam _Wood Stove (H?
.34 ) - Coal Stove (How many? )
_
.35 (c) Age of Heating System: f 4 (OL - Unknown Date last serviced, if known �Q [ t J O r
36 (d) Are there any fireplaces? _ Yes No If "yes," how many? Are they working? - Yes _ No
37 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? (� Yes - No
.38 If "yes," how many? __J_ When were they last cleaned?
Unknown y
39 Are they working? _Y Yes _ No If "»o," explain:
.40 (f) List any areas of the house that are not heated:
.41 (g) Are you aware of any heating fuel tanks on the property? Yes - No
.42 Location(s), including underground tank(s): hn.Sc- JYIe__j i
.43 If you do not own the tanks, explain:
.44 Are you aware of any problems or repairs needed regarding any item in this section? - Yes Y No
,.. .45 If "yes, explain:
.46
.47 14. ELECTRICAL SYSTEM
.48 (a) Type of Electrical System: _ Fuses Circuit Breakers How Many Amps? ) _ Unknown
.49 (b) Are you aware of any knob and tube wiring in the home? - Yes V No
.50 Are you aware of any problems or repairs needed in the electrical system? _ Yes _ No
.51 If "yes," explain:
.52 15. OTHER EQUIPMENT AND APPLIANCES
.53 This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does
.54 not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will
.55 determine which items, if any, are included in the purchase of the Property.
.56 (a) _ Electric Garage Door Opener Number of Transmitters Keyless Entry _
57 (b) _YL Smoke Detectors How many? /11 Location(s) 146.1k
58 (c) -Security Alarm System -Owned -Leased (Lease Information )
.59 (d) -Lawn Sprinkler(s) How many? Automatic Timer_
.60 (e) _ Swirmning Pool _ Hot Tub /Spa _ Pool /Spa Heater _ Pool /Spa Cover _ Whirinool/Tub
.61 _ Pool/Spa Equipment and Accessories (list)' '
.62 (f) __)L Refrigerator(s) -L Range/Oven .Microwave Oven - Dishwasher _Trash Compactor
.63 Garbage Disposal � Chest Freezer Washer _ Dryer Intercom
.64 (g) Ceiling Fan(s) How many? Location(s) Qu (`nn l vc ct . I 11
.65 (h) _ Awnings - Attic Fan(s) X Satellite Dish X Storage Shed _ Deck(s) _ Electric Animal Fence
.66 (i) _ Other:
67 Are you aware of any problems or repairs needed regarding any item in this section? Yes No
.68 If "yes,' explain: -
.69 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES)
.70 (a) Land /Soils
71 1) Are you aware of any fill or expansive soil on the property? -Yes No
72 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that Have
.73 occurred on or affect the property? - Yes X No
.74 3) Are you aware of any existing, past or proposed mining, strip- mining, or any other excavations that might affect this
75 property? _ Yes ,X No
.76 Note to Buyer: The properly may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence
77 damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsidence
.78 Insurance Fund, 25 Technology Drive, California Technology Park, Coal Centcr, PA 15423 (800) 922 -1678 (within Pennsylvania) or
.79 (724) 769 -1100 (outside Pennsylvania).
80 Buyer Initials: Date SPD Page 3 of 5 7
1; Seller In •i'��:'= .= . '.: Date ��l'. - l r, i " "�
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.81 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights?
8 2 _Yes Y. No If "ves ", check ail that apply below:
.83 _ Farmland and Forest Land Assessment Act - 72 P.S. §5490.1 ct seq. (Clean and Green Program)
84 _ Open Space Act - 16 P.S. § 11941 et seq.
85 _. Agricultural Area Security Law - 3 P.S. §901 et seq. (Development Rights)
86 — Other
.87 Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951 -957) in an effort to limit the circumstances under which agricultural
.88 operations may be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether any agricultural operations covered by
89 the Act operate in the vicinity of the property.
.90 5) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the ro cri , or
.91 have you received written notice. of sewage sludge being spread on an ad property? p P y
g g g P J — Yes -X No
92 6) Are you aware of the transfer, 'sale and/or lease of any of the following property rights (by you or a previous owner of the
93 property)? _ Timber — Coal _ Oil _ Natural Gas _ Other minerals
.94 Note to Buyer: Before entering into air agreement ofsale, Buyer can investigate the stakts of these rights by, among other means, engaging legal coun-
95 set, obtaining a title examination of zunlimited yeas and searching the of
Fcial records in the county Office of the Recorder ofDeeds, and elsewhere. Buyer
.96 is also advised to investigate the terns of any existing leases, as Buyermay be subject to term of those leases.
.97 Explain any "yes" answers in this section:
98
.99 (b) Flooding/Drainage
TO 1) Is any part of this property located in a wetlands area or a FEMA flood zone? _Yes Z( No _Unknown
!01 2) Do you know of any past or present drainage or flooding problems affecting the property? _ yes -Y No
!02 Explain any "yes" answers in this section, including dates and extent of flooding:
'.03
104 (c) Boundaries
!05 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property?
106 Nate to Buyer _Yes No
: Most properties ha "ve.easements for utility services and other reasons. These easements generally do not restrict tine ordinary use of the.
!07 property and Sellermay not be aware of them. Before entering into an agreement ofsale, Buyers can investigate the existence ofeasements and similar
'.08 restrictions by ordering an Abstract of Title o searching the official records in the county Office of the Recorder of Deeds.
!09 2) Do you access the property from a private road or lane? _ Yes -. No
!10 If yes, do you have a recorded right of way or maintenance agreement? _ Yes _ No
! 12
!11 3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements?
_, Yes X No
!13 Explain any "yes" answers in this section:
!14
'.15 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES
N6 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)?
!1 _Yes No
7 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited to,
'.18 asbestos or polychlorinated biphenyls (PCBs), etc? _ Yes „X No
'•19 (c) Are you aware of any tests for mold, fungi, or indoor air quality in the property? _yes No
'•21 property? _ Yes No
!20 (d) Other than general household cleaning, have you taken any efforts to control or remediate mold or mold -like substances in the
'.22 Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. Ifmold contamination or indoor air qualityis a concern,
!23 buyers are encouraged to engage the services of a qualified professional to do testing. Information on this issue is available from the United States
!24 Environmental Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, TYashington,D.C. 20013 -7133, 1- 800 - 438 -4318.
1 25 (e) Are you aware of any dumping on the property? _ Yes 'C No
'.26 (f) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any
!27 adjacent property? _ Yes -X- No
'•28 (g) Are you aware of any tests for radon gas that have been performed in any buildings on the property? _Yes y �No
!29 If "yes," list date, type, and results of all tests below:
!30 DATE TYPE OF TEST RESULTS (picocurics /liter or working levels) NAME OF TESTING SERVICE
!31
!32
'.33 (h) Are you aware of any radon removal system on the property? _ Yes K No
!34 If "yes," list date installed and type of system, and whether it is in working order below:
'.35 DATE INSTALLED TYPE OF SYSTEM PROVIDER
36 WORKING ORDER?
1 .37 _Yes _ No
_ Yes —No
'.3 (i) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead -based paint on the
!39 property. Are you aware of any lead -based paint or lead -based paint hazards on the property? — Yes No
'.40 If "yes," explain how you know of it, where it is, and the condition of those lead
'.4l -based paint surfaces:
!42
'.43 Buyer Initials: Date SPD Page 4 of 5 Seller Initials: C >!! ZU
'Date
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!44 (j) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead -based paint
'.45 or lead -based paint hazards on the property. Are you aware of any reports or records regarding lead -based paint or lead -based
'.46 paint hazards on the property? ,_ Yes L No
'.47 if "yes list all available reports and records:
!48 (k) Are you aware of testing on the property for any other hazardous substances or environmental concerns ? _ Yes !:i'—No
!49 (1) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property?
150 _ Yes 4No p ty.
'.51 Explain any "yes" answers in this section:
152
153 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable)
'.54 Type: _ Condominium _ Cooperative _ Homeowner Association or Planned Cominunity
'.55 ' Other:
) 56 Notice regarding Condominitunn; Cooperatives, and Planned Communities: A buyer of a resale unit in a condominium, cooperative, or planned
'_57 cornnn pity Dust receive a cop) of the declaration (other than the plats and plans), the by -laws, the rides or regulations, and a certificate ofresale issued
'.58 by the association in the condominium, cooperative, or planned community. Buyers may be responsible for cnpital contribettions, initiationfees orsinn-
'.59 ilar one timefees in addition to regular monthly maintenance fees. The buyer will have the option of canceling the agreement wilh the return of all
!60 deposit monies until the certificate has been provided to the buyer and for fi ve days thereafter or until conveyance, whichever occurs first.
'.61 19. MISCELLANEOUS
'.62 (a) Are you aware of any ilistorie prescrvation restriction or ordinance or archeological designation associated with the property?
!63 _ Yes Y, No
'.64 (b) Are you aware of any existing or threatened legal action affecting the property? _ Yes ZC No
!65 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? _ Yes X No
166 (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain
!67 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? _Yes L No
168 (e) Are you aware of any judgment, encumbrance, lien (for example, co -maker or equity loan), overdue payment on a support obli-
- M9 ' gation, or other debt against this property.that cannot be satisfied by the proceeds of this sale? _ Yes _< No
1 70 (f) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the
!71 property? — Yes L No
!72 (g) Are you aware of any insurance claims filed relating to the property? _ Yes .�L No
'.73 (h) Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form?
!74 _ Yes X No
'.75 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact
!76 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element,
'.77 system or subsystem is at or beyond the end of normal useful life of such a structural element, system or subsystem is not by
!78 itself a material defect.
!79 Explain any "yes" answers in this section:
!80
'.81 The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best
'.82 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop -
!83 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION
!84 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form
!85 which is rendered inaccurate by a change in the condition of the property following completion of this form.
!86 WITNESS SELLERI - .: 1C %y[ :< �4, �
— I``XC:i /�(lE` �'` DATE
!87 WITNESS A
SELLER DATE
1 88 WITNESS SELLER DATE
'.89 EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
!90 According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required
'.91 to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate -
!92 rial defects) of the property.
'.93
DATE
'.94 RECEIPT AND ACKNOVI'I EDGEMENT BY BUYER
1 95 The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a
'.96 warranty and that, unless stated otherwise in - the sales contract, Buyer is purchasing- this property in 'its present condition. It
'.97 is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property
'.98 be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components.
!99 WITNESS BUYER DATE
Connie L Zitsch
100 WITNESS BUYER
DATE
101 WITNESS BUYER
DATE
SPD Page 5 of.)
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Zitsch
RESIDENTIAL LEAD -BASED PAINT HAZARDS DISCLOSURE FORM
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). LPD
THIS FORM MUST BE COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978
( PROPERTI' .C; y/� Lee uA'rC 1 Cone. �IOr'1� P!7
2 SELLER t n l rl t)
3 LEAD WARNING STATEMENT
4 Every purchaser of any interest in residential real property on which a residential dwelling was built prior to
5 such property is notified that
perty may present exposure to lead from lead -based paint that may place young children at risk of developing lead poi -
6 soning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced
7 intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
8 The Seller of any interest in residential real property is required to provide the. Buyer with any information on lead - based paint
9 hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint haz-
10 arts. A risk assessment or inspection for possible lead -based paint hazards is recommended prior to purchase.
1 l SELLER'S DISCLOSURE
12 GL f Seller has no knowledge of the presence of lead -based paint and/or lead -based paint hazards in or about the Property.
13 / Seller has knowledge of the presence of lead -based paint and/or lead -based paint hazards in or about the Property. (Provide
15 14 the basis for detennining that lead -based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and
other available information concerning Seller's knowledge of the presence of lead -based paint and/or lead -based paint hazards.)
16 SE LLER'S.RECORDS/REPORTS
17 ` (� 7 Seller has no records or reportspertaining to lead -based paint and/or lead -based paint hazards in or about the Properl
( y
18 / Seller has provided Buyer with all available records and reports regarding lead
19 or about the Property. List documents): g -based paint and/or lead -based paint hazards in
20
21 Seller certifies , t ,{ h � at to the bes of S ller's� knowledge the above statements are true an accurate - /
22 WITNESS �Icyu (,Y `�l SELLER �t ..,
DATE
23 WITNESS SELLER �—
DATE
24 WITNESS SELLER
DATE
25 AGENT ACKNOWLEDGEMENT AND CERTIFICATION
26 Agent/Licensee represents that Agent has informed Seiler of Sell
obligations under the Residential Lead - Based -Paint
Hazard Reduction Act, 42 U.S.C. §4852(d), and is aware of Agent's responsibility to ensure compliance.
28 Tire following have reviewed the information above and certify that the Agent statements are true to the best of their knowledge and belief.
29 Seller Agent and Buyer Agent must both sign this form.
30 BROILER FOR SELLER (Company Name) n
31 LICENSEE / / y
D
32 BROKER FOR BUYER (Company Name) ' AT E
33 LICENSEE
D
•: ATE
34 BUYER conni
35 DATE OF AGREEMENT Se tember 5 2012
36 BUYER'S ACKNOWLEDGMENT
37 / Buyer has received the pamphlet Protect Your Family j•orn Lear! in Your Flome and has read the Lead Warning Statement.
38 / Buyer has reviewed Seller's disclosure of known lead -based paint and/or lead -based paint hazards and has received the records
39 and reports regarding lead -based paint and/or lead -based paint hazards identified above.
40 Buyer certifies that to the best of Buyer's knowledge tire above statements are true and accurate.
41 WITNESS BUYER
DATE
42 WITNESS Connie L Zitsch
BUYER DATE
43 WITNESS BUYER.
DATE
Pennsylvania Association of REALTORS COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS(k) 2010
RSP. REALTORS, LLC 3 Lmoyoe Dore Lemoyne, PA 17043 1/10
Tern Walters -13 mkk Produced vrith ZipForm® by zipLogiz 18070 Fifteen Mile Road, Fra M Michigan 48026 ywrv71 nj ooix1om Zitsch
..... . . . . . .
PROPOSAL �/
4� PROPOSALNO.
7 SHEET NO.
�j�S►n /l� � � � 53
DATE
PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT:
NAME ADDRESS
Con '4, c z *h
ADDRESS
DATE OF PLANS
PHONE NO. ARCHITECT
We hereby propose to furnish materials and perform the labor necessary for the completion of
6v__ %�_ 'r oro�� �ru r� D ios -1 r c �✓ ?" JJ A Q 'b D�►
1 �'' " ✓�► � J��*'1 1 � � •� - b��/L �O r�. �, alb
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications .
submitted for above work, and completed in a substantial workmanlike manner for the sum of
oa
-- - -- - Doilars ($ —�
w ith payments to be made as follows:
:34441Cl D.tJ CD»t�`oISO�
Any alteration or deviation from above specifications involving extra Respectfully submitted:�
costs will be executed only upon written order, and will become an
extra charge over and above the estimate. All agreements conUn-
gent upon strikes, accidents, or delays beyond our control. Per
Note —this proposal may be withdrawn by us if not accepted within days.
The above prices, specifications and conditions are satisfactory and are hereby accept You are authorized t o the work as specified.
Payments will be made as outlined above.
Signature l�
EXHIBIT ✓
Date `� Y t ignature —
A -D81 181 T -46118
INSPECTION AGREEMENT
Limitations and Explanations
I . This agreement is between the client whose name and the address of the building to be inspected is on page two of this
agreement, and The Inspection Center by Mike Biechler Inc. The Inspection Center by Mike Biechler Inc. will be referred to in
this agreement as "Inspection Center" and the word client will be used in place of the client's formal name.
2. The client agrees and understands that this home inspection report is not a warranty or guarantee of condition of any single
component or building as a whole. The inspection and inspection report is a general evaluation of the condition of the building at
the time of tine inspection only. A component or system may operate correctly today and fail tomorrow. If you have any specific
concern about any part of the home, you are advised to seek a professional in that area. We do not bore, poke, pry or do anything
that may cause any type of damage to the property. We do not move furniture, personal items, drop ceiling tiles. floor coverings
Or access covers. Any problem(s) found after the home inspection that are under or behind these items are considered concealed
defect(s) and excluded from liability to the inspection Center and its inspectors.
3. If the inspector states that an area is not viewed, not accessible or that a system is not operated, the system or area is considered
not inspected and the Inspection Center and its inspectors have no liability. if the client wants these areas to be inspected at a
later date, it is the responsibility of the client to schedule this inspection.
4. The client agrees and understands that the home inspection and report shall be performed in accordance to ASH] (American
Society of Home inspectors) Standards. The inspector(s) conducting the home inspection is (arc) a member of ASI -11 or NAHi
(National Association of Home Inspectors) or is supervised by a member of said association. The inspectors used by inspection
Center are compliant with PA Act 114. No inspector that does work for this company is a licensed structural engineer. Any
comment made about the structure of the property is based on the inspector's personal experience and general construction
practices.
5. The purpose of the home inspection is to identify "Material Defects" as defined in PA Act 114. "A problem with a residential
real property or a portion of it that would have a significant adverse impact on the value of the property or that involves an
unreasonable risk to the people on the property. The fact that a structural clement, system or subsystem is at or beyond its normal
useful life is not by itself a Material Defect ". The inspection Center and the inspectors will only be held liable for Material
Defects as defined in PA Act 114.
6. Tine client agrees that it is their responsibility to let the inspector and inspection Center aware of any specific health problems.
We cannot be liable for client's health problems that may be associated with specific conditions in a building.
7. The client understands and agrees that they must read the report in its entirety. Anything on the report may be a concern to the
client. it is the responsibility of the client to have these concerns further evaluated.
R. The client understands and agrees that the building inspection and report is not a substitute for a seller's disclosure. The home
inspection process does not remove the responsibility or liability that a seller has for proper disclosure of past or existing
problems. The Inspection Center will not be held liable for lack of proper discloser by the seller.
9. The client agrees and understands that this home inspection is for the clients benefit only. The inspection and inspection report is
not produced to protect any third party including lender or insurance company. The Inspection Center will have no liability to
any third party that was given a copy of the inspection report. If client provides inspection to any third party the client assume all
liability of the inspection and agrees to pay for all legal cost to defend the Inspection Center.
10. The client understands that we recommend them staying with the inspector during the home inspection so you understand what
was inspected. We do not recommend you go in the attic or onto the roof it is the client's responsibility to bring any concerns
they have to the inspector's attention. The client agrees and understands that anyone attending the home inspection does so at
their own risk. The client accepts full responsibility of any personal injury to any parties attending the home inspection or
property damage caused by people attending the inspection.
1 1. The home inspection report will be released to the client and the real estate agent working with the client only. If the client does
not want the report released to the real estate agent working with them, they must let the inspection Company know in writing.
12. if any cost estimates are requested by the client, the client understands that these costs are based only on the past experience of
the inspector. The client will not hold the Inspection Center or the inspector liable for any cost estimates. The client understands
that any cost estimates given by the inspector should not be used as a negotiating tool because of the possibility of being
inaccurate. The client should get estimates for repairs by contractors able to perform the repairs. it is possible that further
evaluation or even exploration behind materials may be needed for a contractor to give a valid estimate.
13. Unless arrangements are made a head of time, the inspection report will not be released to the client until the inspection fee(s) are
paid in full. If payment is allowed to be delayed the client understands that any balance not received within 30 days will have a
10% service fee added plus 5% per month based on balanced remaining.
Revision 3/2010 EXH18ff Page 1
INSPECTION AGREEMENT
14. The client understands that the folloNvinu, items are not included in the standard home inspection unless agreed upon in writing at
the bottom of page two. The items excluded are as follows: appraisal, environmental hazards or toxic chemicals, air quality,
radon gas. water quality or water quantity, water pressure, molds, asbestos, formaldehyde. lead or lead based paint. rodents,
insects. wood destroying insects, underground tanks, under ground water lines including main water supply lines and waste lines,
sprinkler systems, water treatment systems, wells or well pumps, septic systems, cistern. fire suppression systems, smoke alarms
or detectors, carbon monoxide detectors, security systems, elevators, central vacuum systems, speaker or intercom systems, low
voltage wiring, underground wiring, swimming pools, hot tubs, saunas, tennis courts, detached buildings including sheds, yard
toys. trees, shrubs, overhead wires, property lines. building codes, maintenance codes, zoning, electromagnetic radiation or fields.
interior of chimney or chimney flues, furnace heat exchanger, solar panels or heaters, wood or coal or pellet stoves. evidence of
past or present animal wastes or urine. if you would like or need any of the above mentioned items inspected, you can hire the
inspection Center as an "add on" inspection if possible or hire a professional of your choice.
15. As stated in the [ionic inspection law, PA act 114 Section 7512 the client must commence any action for damages arising out of
the home inspection or any inspection agreed upon in this contract within one year from the date the inspection was performed.
16. It' there is any problem found after the home inspection is performed it is the responsibility of the client to notify the Inspection
Center within 24 hours and allow our inspector full access to evaluate the problem before it is repaired or altered. If the client
fails to notify the Inspection Center within 24 hours or fails to give the Inspection Center full access prior to any repair being
performed, the inspection Center will not be liable.
17. The client agrees to settle any dispute arising from the home inspection or home inspection report shall be submitted to final and
binding arbitration under the rules and procedures of the expedited arbitration of home inspection disputes of Construction
Arbitration Serviced inc. At least one arbitrator most be a member in good standing of the American Society of }Tome inspector
( AST -11) and /or National Association of Home inspectors (NAHI).
18. If the inspection Center or its inspector is found liable or negligent for the failure to find a problem or prepare the report properly,
the client agrees and understands that the Inspection Center and its inspectors arc limited to the cost of the home inspection fee.
19. If any section or provision of this agreement is found to be invalid, unenforceable or voidable, the remaining sections or
provisions of this agreement shall remain in full force and effect. This agreement contains all the terms and conditions between
the client and the inspection Center.
Full Home inspection $ �� • `• v � ❑ Mold'Testing $
Wood infestation inspection $ ' ` ❑ E.I FS Inspection $
Radon Testing $ t �� ❑ Other $
Water Quality $ r ` ' � ❑ Other $ .
Total Cost $ .`' y'� }• 't (due at the time of inspection)
Inspection A,
Client Date
- . Signature Print Name
The person signing this document is stating that lie /she is authorized to sign this agreement by any principals involved. ,.By
signing this document I am stating that I have read and agree to its terns and conditions. I understand that I have the right to
negotiate this agreement or cancel the inspection at this time and hire another inspection company.
Inspector
Signature f° Name Membership Number
Revision 3/2010 Page 2
INSPECTION CENTER Full Home Inspection
Wood Pest Inspection
by Mike Biechler Inc. EIFS Inspection
Mike Biechler — Inspector, Tester Radon Testing
Terry Spalti — Inspector, Tester Water Testing
Matt Muehling — Inspector, Tester Mold Testing
INVOICE
Date: August 31 1012
Bill To: Inspection Site:
Connie Zitsch 5415 Laurie Lane
Enola, PA
DESCRIPTION:
Full Home Inspection $ 275.00
Wood Infestation Inspection $ 45.00
Radon Test $ 95.00
Water Test — Bacteria & Chemical $ 165.00
TOTAL
$ 580.00
Pa meet is due at the time a Ins ection.
Checks should be made payable to The Inspection Center.
Credit Card Info:
Name on Card: Phone #
Mid or Visa # Exp. Date
Address
2466 Roundtop Road, Middletown, PA 17057 E XHIBIT
Office (717) 944 -4190, Fax 866 - 661 -1209
www.TheInspectionCenter.com
5415 Laurie Lane, Enola
INSPECTION CENTER Full Home Inspection
Wood Pest Inspection
by Mike Biechler Inc. EIFS Inspection
Mike Biechler — Inspector, Tester Radon Testing
Water Testing
.Terry Spalti- Inspector Tester `Mold Testing
Matt Muehling — Inspector, Tester
Start Time: 4:00 Finish Time: 6:00
Inspection Date: 9 -5 -2012 Inspector: Matt Muehling
Customer: Connie Zitsch
Person(s) Present: Buyer, Seller
Age of House: 30 +/-
Precipitation: Recent Rain Temperature: 80
Occupied
SERVICES: COST
Full Home Inspection $ 275.00
Wood Pest Report $ 45.00
Radon Test $ 95.00
Water Test $ 165.00
Mold Test $ -
Other $ -
TOTAL $ 580.00
Paid: CC
2466 Roundtop Road Middletown, Pa. 17057
Phone (717) 944 -4190 • Fax (866) 661 -1209
www.ThelnspectionCenter.Com
Inspection Center by Mike Biechler Inc. 717 - 944 -4190
Page 1 of 11
5415 Laurie Lane, Enola
SUMMARY
This summary page is a list of any major problems found during the home
inspection. It should be understood that'any item pointed out*in this report can
become a major problem if not repaired. The list of Major problems below is
based on the definition of "Material Defect" as written in Pennsylvania Act 114.
MAJOR CONCERNS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
C The clay liner in the chimney is cracked and deteriorated.
• There is cracked and loose tile in the shower surround. There are
several areas with missing mortar.
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
when overloaded. It is recommended that the main electric panel
box be replaced.
Inspection Center by Mike Biechler Inc. 717- 944 -4190
Page 2 of 11
5415 .Laurie Lane, Enola s
STRUCTURE
House Foundation Walls Block
House Foundation Floor Concrete
House Support Columns Metal
House Wall Framing Material Wood
House Floor Framing Material Wood Joists House Roof Trusses
Attic Access Hatch
MAJOR PROBLEMS
NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROB LE MS
ADDITIONAL OBSERVATIONS
• There are a few cracks in the foundation walls. Appear to be from
common settlement of the house.
• There are a few cracks in the basement floor. Appear to be from
common shrinkage of the concrete.
• There is some staining on the framing around the chimney visible in
both the attic and basement. The stains were dry at the time of
inspection:;.:;
Inspection Center by Mike Biechler Inc. 717 - 944 -4190
Page 3 of 11
5415 Laurie Lane, Enola
EXTERIOR
House Roof Asphalt Shingles
Roof Inspection Method Walked
Chimney Material Block
Gutters Aluminum
Sidina Material Metal, Brick
Driveway Material Asphalt
MAJOR PROBLEMS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
• The clay liner in the chimney is cracked and deteriorated.
MINOR PROBLEMS
• There is rotted wood on the carport and rear sheds. The floor is
rotted in the rear shed.
• The masonry crown on the top of the chimney is cracked.
Recommend the crown be replaced to prevent further damage to
the chimney.
• The sill on the left window on the right side of the house is rotted at
the left corner.
• The trim around-the basement windows on the right side of the
house is rotted.
• The brick at the right side of the brick ledge along the front of the
house is loose.
ADDITIONAL OBSERVATIONS
• Maintain paint on exterior wood trim.
• Keep trees and shrubs trimmed back off the house.
• The front concrete stoop has settled and slopes back towards the
house.
• There is a fungus growing on the shingles.
• Keep gutters clear of debris.
• There are a few cracks in the carport floor. Appear to be from
common shrinkage of the concrete.
• The shrubbery is very dense along the rear of the house.
Inspection Center by Mike Biechler Inc. 717 - 944 -4190
Page 4 of 11
5415 Laurie Lane, Enola
BASEMENT / CRAWL SPACE / SLAB
Basement
Finished Basement Partial Heated Partial Windows Exterior Door
Finished Flooring Vinyl, Carpet Finished Wall Material Paneling, Drywall
Insulated Walls Partial
Water Control Measures Dehumidifier
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The age of the house and construction method never intended on
providing a dry basement. There is some staining on the paneling
in the basement. No water on the floor at time of inspection.
• Recommend operating a dehumidifier in the basement.
• Recommend adding railing to the open side of the basement stiars.
Inspection Center by Mike Biechler Inc. 717 - 944 -4190
Page 11 of 11
O
; t
TL
?013 JUL 18 PH 2-- 09
CUMBERLAND COUNTY
PENNSYLVANIA
SMIGEL,ANDERSON&SACKS,LLP LeRoy Smigel,Esquire
River Chase Office Center Ismigei sasllo.com
4431 North Front Street,3rd Floor Darryl J.Liguori,Esquire
Harrisburg,PA 17110-1778 d1i uori(a_sasllp.com
(717)234-2401
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V. :
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION CENTER CIVIL ACTION—LAW
BY MIKE BIECHLER,
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance and the appearance of the law firm of Smigel, Anderson &
Sacks, LLP, on behalf of Defendants Mike Biechler and Inspection Center by Mike Biechler.
Papers may be served at the address set forth below.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: July 16, 2013. By:
Y
LeRoy Smigel, Esquire—ID #09617
E Darryl J. Liguori, Esquire—ID #91715
4431 North Front Street, 3`d Floor
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendants Mike Biechler and
Inspection Center by Mike Biechler
v
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION-CENTER CIVIL ACTION—LAW
BY MIKE BIECHLER,
Defendants.
CERTIFICATE OF SERVICE
1, Darryl J. Liguori, Esquire, certify that I this day served a copy of the foregoing Entry o
Appearance upon the person(s) indicated below by depositing a copy of the same in the United
States Mail, first class,postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows:
Nicole L. Javitt, Esquire Caroline H. DeMartyn
Dethlefs-Pykosh Law Group, LLC 49 Ashburg Drive
2132 Market Street Suite 55
Camp Hill, PA 17011 Mechanicsburg, PA 17050
Attorney for Plaintiff Pro Se Defendant
SMIGEL, ANDERSON & SACKS, LLP
Date: July 16, 2013 ; By:
LeRoy Smigel, Esquire—ID #09617
Darryl J. Liguori, Esquire ID #91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendants Mike Biechler
and Inspection Center by Mike Biechler
i
fr
I
SMIGEL,ANDERSON&SACKS,LLP
River Chase O LeRoy Smigel,Esquire
Office Center
4431 North Front Street,3"'Floor Ismigelna sasilo.com
Harrisburg,PA 17110-1778 Darryl J.Liguori,Esquire
(717)234-2401 dliguori@saslip.com
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION CENTER CIVIL ACTION—LAW '
BY MIKE BIECHLER, �� {
Defendants.
NOTICE TO PLEAD
TO: Connie L. Zitsch, Plaintiff, c/o
Nicole L. Javitt, Esquire --
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Attorney for the Plaintiff
You are hereby advised to file a written response to the enclosed Defendants' Preliminary
Objections to Plaintiff's Complaint within twenty (20) days from service hereof, or judgment
may be entered against you.
SMIGEL, ANDERSON & SACKS, L.L.P.
Date: July 25, 2013 By.
LeRoy Smigel, E ire - ID #09617
Darryl J. Liguori, squire - ID #91715
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendants Mike Biechler and
Inspection Center by Mike Biechler
SMIGEL,ANDERSON&SACKS,LLP LeRoy Smigel,Esquire
River Chase Office Center lsmigel@sasilp.com
4431 North Front Street,Yd Floor Darryl J.Liguori,Esquire
Harrisburg,PA 17110-1778 dliguori@sasllp.com
(717)234-2401
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION CENTER CIVIL ACTION—LAW
BY MIKE BIECHLER,
Defendants.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW COMES, Defendants, Mike Biechler individually and Inspection Center by
Mike Beichler, Inc., by and through their attorneys, Smigel, Anderson & Sacks, LLP, to file the
following Preliminary Objections to Plaintiff's Complaint:
1. On or about September 11, 2012, Connie Zitsch (the "Plaintiff") and Caroline
Demartyn (the "Seller") entered into a written agreement in which Plaintiff agreed to purchase
and Seller agreed to sell real property located at 5415 Laurie Lane, Enola, PA 17025 (the
"Property"). Compl. T 6. A true and correct copy of the written sales agreement is attached
hereto as Exhibit"A" and referred to throughout as the "Agreement."
2. Prior to the Agreement, on or about September 5, 2012, Matt Muehling, an
inspector, employed by Inspection Center by Mike Biechler, Inc., performed an inspection,
including a Full Home Inspection, Wood Infestation Inspection, Radon Test and a Water Test on
the Property. Compl. ¶ 43. A true and correct copy of the Inspection Summary is attached
hereto as Exhibit "B."
3. Plaintiff initiated this Action against Seller, Mike Biechler, and Inspection Center
by Mike Biechler, Inc., to recover the expenses for the repairs to a large crack in the basement
walls. The crack was unknown to the Plaintiff as the time of the Agreement. Compl. ¶ 11, 19.
4. Plaintiff alleges in Count 4 of the Complaint that Inspection Center by Mike
Biechler, Inc. was negligent for a failure to inspect the Property under vicarious liability.
5. Plaintiff alleges in Count 5 of the Complaint that Mike Biechler, individually, was
negligent for failure to inspect the Property under vicarious liability,
I. Preliminary Objection — Le al Insufficienc Demurrer as to Count 4 because of
the Expressed Language of the Inspection Agreement
6. Plaintiff is claiming that Defendant, Inspection Center by Mike Biechler, Inc., is
vicariously liable for the inspection performed by Matt Muehling, an employee of Inspection
Center by Mike Biechler, Inc. Compl. T 41.
7. Matt Muehling performed an inspection, including a Full Home Inspection, Wood
Infestation Inspection, Radon Test and a Water Test on the Property. Compl. T 43.
8. The Plaintiffs claim is legally insufficient because the parties' relationship is
governed by an expressed contract, referred to as the "Inspection. Agreement." A true and
correct copy of the Inspection Agreement is attached hereto as Exhibit"C."
9. The Plaintiff noticed and immediately removed a makeshift wall in the basement
approximately two weeks after taking possession of the Property. Compl. T 11.
14. After removing the makeshift wall the Plaintiff learned that the makeshift wall
was concealing and covering a large crack in the foundation and basement wall. Compl. ¶ 11.
11. Paragraph 2 of the Inspection Agreement directly states that "Any problem(s)
found after the home inspection that are under or behind these items (referring to furniture,
1
personal items, drop ceiling tiles, floor coverings, or access covers) are considered concealed
defect(s) and excluded from liability to the Inspection Center and its inspectors."
12. The Inspection Agreement in Paragraph 2, explains that the inspector is not
permitted to "bore, poke, pry or do anything that may cause any type of damage to the property"
and will not move items,thus leaving an inspector to report on only what is seen.
13. Matt Muehling performed the inspection as the conditions of the Inspection
Agreement explains and could not have known about the large crack concealed and covered by
the makeshift wall. Therefore, Inspection Center by Mike Biechler, Inc. is excluded from
liability because the makeshift wall concealed the crack.
14. The structure page (page 3), of the Inspection Summary, did state in the additional
observations section that the inspector found cracks in the foundation walls. The Plaintiff agreed
to purchase the house knowing this information.
1 15. Number 8 of the Inspection Agreement states, "The Inspection Center will not be
held liable for lack of proper disclosure by the seller."
16. It was the Seller's duty to inform the Plaintiff of the crack behind the concealed
wall.
17. Number 16 of the Inspection Agreement states that it is the responsibility of the
client to notify the Inspection Center within 24 hours of learning of a problem and if the
Inspection Center is not notified within 24 hours the Inspection Center will not be held liable.
18. The Plaintiff discovered the cracks approximately two weeks after the Plaintiff
took possession of the Property. Compl. T 11.
19. inspection Center by Mike Biechler, Inc. was notified only when they were served
the Complaint around the first week of July, 2013, and therefore are not liable.
2
20. The Plaintiff signed the Inspection Agreement, on September 5, 2012, therefore
agreeing to all of the terms. The Plaintiff s signature is displayed in "Exhibit C."
WHEREFORE, Defendant, Inspection Center by Mike Biechler, Inc., respectfully
requests that this Honorable Court sustain the Preliminary Objections to the Plaintiff's Complaint
and dismiss Plaintiff's claim of vicarious liability based on legal insufficiency pursuant to Pa.
R.C.P. 1028 (a)(4).
II. Preliminary Objection — Legal Insufficiency (Demurrer) and or Failure of a
Pleading to Conform to law as to Count 5 because Mike Biechler, Individually, is
Not a Proper Defendant and the Express Language of the Inspection Agreement
21. Plaintiff is claiming that Defendant Mike Biechler is individually vicariously
liable for the failure to properly train, Matt Muehling, an employee of Inspection Center by Mike
Biechler, Inc., and that Mike Biechler is therefore individually responsible for the acts of the
employees of Inspection Center by Mike Biechler, Inc. Compl. ¶55.
22. Defendant incorporates by reference paragraphs 6 through 20 as if set forth herein
and therefore Defendant Mike Biechler, individually is not liable based on vicarious liability.
23. Further, although, the Plaintiff correctly named, Inspection Center by Mike
Biechler, Inc., as a Defendant, it was improper of Plaintiff to name Mike Biechler individually as
a Defendant, under the legal theory of vicarious liability.
24. Pennsylvania law is clear that vicarious liability is based on an employer-
employee relationship. The employer is Inspection Center by Mike Biechler, Inc. and not Mike
Biechler, individually. Costa v. Roxborough Memorial Hospital, 708 A.2d 490, 493 (Pa. Super.
1998).
3
WHEREFORE, Defendant, Mike Biechler, respectfully requests that this Honorable
Court sustain his Preliminary Objections to the Plaintiff's Complaint and dismiss Plaintiff's
claim of vicarious liability based on legal insufficiency pursuant to Pa. R.C.P. 1028 (a)(4) and or
failure of a pleading to conform to law pursuant to Pa. R.C.P. 1028 (a)(2).
Respectfully submitted,
SMASmige ON & .ACKS, LLP
C
Date: July 25, 2013 By;
�uire - ID 17
Darryl J. Liguori, Esquire - ID #91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110.
(717) 234-2401
Attorneys for Defendants Mike Biechler .
and Inspection Center by Mike Biechler
4
AGREEMENT QF PURCHASE A"INALE OF REAL F81ATE—AS IS
THIS AGREEMENT,made and entered into this Lt day of! E "T&C 2012,
By and between Caroline H DeMartyn, widow, of Mechanicsburg, Cumberland County,
Pennsylvania hereinafter called"Seller"
and
Connie L Zitsch.of Enola,G�mberlaud County,Pennsylvania,hereinafter called"Purchaser".
IN CONSIDERAI-ION OF THE MUTUAL CONTENANM AND AGREEMENTS
HEREINAFTER CONTAINED,IT IS AGREED BY AND BETWEEN SELLER AND PURCHASER
AS FOLLOWS:
1. Premises.
Seller agrees to sell to Purchaser and Purchaser agrees to purchase and accept the conveyance of
5415 Laurie Lane,Enola,Cumberland County,Pezinsylmnia,.17o2s,as more particularly described
in Deed Book U,Vol. Pi Page 602, Cumberland County Recorder of Deeds Office, parcel 10-14-
0842-066.
2. Sales Price.
The purchaser agrees to pay to Seller as fall consideration the sum of One Hundred Twenty Five
Thousand Dollars($125,0oo.00)and uo-cents,payableas follows:
A. $3,320.00 deposit check upon the execution of this agreement,receipt whereof is
hereby admowledged and to be held in escrow by MILLER LIPSITT,LLC;
B. The remaining balance to be paid at settlement
C. Settlement, Closing the sale of the Property pursuant to this Agreement will be held
6til e L4)WV, ,6-rC%L eVO
a.V t
on or before theglh ayofSep� Cr 20M
3. contingencies. Ibis Agreement is contingent upon the following;
A- Financing: Terminal Date for obtaining financing commitment- September 91,
B. Buyer shall make a completed application to a responsible lending institution for
the financing on or before September 12 2012. Should the Buyer fail to make such completed
application within the specified time, it shall be at the option of the Seller,within five(5) days
thereafter to.-
(i) Declare this entire agreement NULL AND VOID and all deposit monies paid
on account w9 be forfeited to Seller as liquidated damages.
(ii) Failure by Seller to implement clause B. (i) above shall act as Seller's
acknowledgment that Buyer has an additional ten(3.o)days in which to complete said application.
for financing. No extension will thereafter be granted by Seller to Buyer.
Personal pro -ter
4- Property and Fatires- Included W this sale are all existing :terns
permanently installed in the properk,,free of liens, and other items including plumbing;beating;
radiator covers;lighting fixtures;electrical animal fencing systems(excluding collm);garage door
EXHIBIT
openeris and transmitters; teleNision antennas; unspotted shrubbery, plantings and trees; anv
rernairdiag heating and cooldng fuels stored on the property at the time of settlement; srnol�e
detectors and carbon monoxide detectors;sump Punips; storage sheds;fences;mailboxes;wall to
wall carpeting;existing window screens,storm windows and screerilstorm,doors;window covering
hardware,shade and bli.nds;awning;built-in air conditioners;built-in appliances;the range/oven,
unless otherMse states; and,. if ommed, watertreatment system, propane tan�lcs, satellite dishes
and security systems. Also included: all.kitclien appliances;W
5. Prorations. Real estate taxes for the current tax year and all charges for lienable
municipalservices shall be prorated between Seller andPurebaser as oftbe actual date of closing.
6. Transfer Tax. All state and local transfer tax to which the conveyance of this
Property is-subjectwill be divided and paid equaRybythe Purchaser andSeller.
7- DefauJt-7TME IS OF THE ESSENCE, The said time for settlement and all other
items referred to for the performance of any of the obligations of this Agreement axe hereby agreed
to be of the essence of this Agreement.
.If Purchaser fails to pay the purchg�6 'price in full and complete closing on or befbre the
date stated herein, other than for the failure of any contingencies as set forth above, all monies
paid on account of the purchase price.by Purchaser shall be retained by Seller as liquidated
damages for Purchasees breach of this agreement,otherwise all monies paid on account shall be
returned to the Purchaser, If Seller is unable,after good faith effort,to convey to Purchaser title to
-the Property of the quantity=d quality required by this Agreement,then the Purchaser shall have
theoption.of taldng such title as the sellers can give withoutabatement of price or of having all
monies paid by the purchaser on- account of the purchase price returned to therd and 'this
agreement will become nUR and-void and the rights and obligations hereunder will be terminated.
8, Possession, Possession of the Property is to be given at time of settlement.
9. , Iffle. Seiier� shall convey to Purchaser by special -warranty deed, good and.'
marketable title to the Property insurable at regular rates by a 'Pennsylvania licensed title
insurance provider ;subject to bullding, zoning and deed restxictions, and easements of record
visible by Dispection. None of the above exceptions to title shall materially and adversely affect
Purchaser's intended we and occupancy of the Property or the continued maintenance of the
improvements on the Property. if title does not meet the foregoing terms,Purchaserreserves the
right to terminate this agreement
10- Condition of Premise-Right of Inspection—AS IS.
condition: it is understood that the property being sold is not new, and Purchaser
a6mowledges there are no representations by the geller or any agent of the Seller regardin&the
condition of the premises- Buyer is informed that the Seller is ImaWare Of any latent defects in the
property, or any component thereofp including but not lirnited to the presence of urea
2
'
�
-
formaldehyde or asbestos insulation, sewers, foundation structural conditions unless Otherwise
mentioned in this agreement.
Inspection: Purchaser is hereby granted the right to inspect the premises including a
Pest inspection,or to obtain inspection reports of qualified experts at their own expense.
11. Risk of Loss. The risk of loss or damage to the Property by$re or other casnaIty will
be'accepted by Seller during the entire iixecuto
ry period,of this Agreement If prior to final closing,
the Property is damaged by fire or other casualty, Purchaser will have the option of declaring this
Agreement null and void and receiving rem from Sell er of all sums paid by Purchaser to Seller
on account of the purchase price, or of accepting the Property in damaged condition,completing
closing bypa}rag the purchase price without abatement and receiving from Seller assignment of all
insurance proceeds obtained on obtainable by Seller_
12. Brokerage. Seller represents and warrants to Purchaser that Seller is not obligated
to pay any brokerage fees resulting from purchaser's conveyance of the Property and Seller All
indemnify and defend Purchaser from and against any claims.made by any person or entity for fees
or commissions pursuamt to any alleged brokerage contract with Purchaser-or`for-dat ages for
interference with any such contract
13. Enure Agreement. This writing contains the entire agreement of the Seller and
Purchaser. No modification of this Agreement will be effective and'binding unless reduced to a
writing signed by both Purchaser and Seller.
14. Binding Agreement. This document is a legally binding agreement and will be
binding upon the lxeirs and assigns of purebaser and Seller.
15• Approval. Ibis Agreement is subject to the written approval of Seiler by the
clay of September 20'12.
VVMESS: pURCHASER ..
Connie L Zitsch
VAriTNESS: SELIX-R:
Caroline H DeMartyn
3
5415 Laurie Lane, Enola
INSPECTION CENTER WoodP st Inspection
by Mike Biechler Inc. EIFS Inspection
Radon Testing
Mike Biechler— Inspector, Tester Water Testing
Terry Spalti — Inspector, Tester Mold Testing
Matt Muehling — Inspector, Tester
Start Time: 4:00 Finish Time: 6:00
Inspection Date: 9-5-2012 Inspector: Matt Muehling
Customer: Connie Zitsch
Person(s) Present: Buyer, Seller
Age of House: 30+/-
Precipitation: Recent Rain Temperature: 80
Occupied
SERVICES: COST
Full Home Inspection $ 275.00
Wood Pest Report $ 45.00
Radon Test $ 95.00
Water Test $ 165.00
Mold Test $ -
Other $ -
TOTAL $ 580.00
Paid: CC
2466 Roundtop Road, Middletown, Pa. 17057 EXHIBIT
Phone (717) 944-4190 • Fax (866) 661-1209
www.TheInspection Center.Com D
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 1 of 11
5415 Laurie Lane, Enola
SUMMARY
This summary page is a list of any major problems found during the home
inspection. It should be understood that any item pointed out in this report can
become a major problem if not repaired. The list of Major problems below is
based on the definition of "Material Defect" as written in Pennsylvania Act 114.
MAJOR CONCERNS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
• The clay liner in the chimney is cracked and deteriorated.
• There is cracked and loose the in the shower surround. There are
several areas with missing mortar.
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
when overloaded. It is recommended that the main electric panel
box be replaced.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 2 of 11
5415 Laurie Lane, Enola
STRUCTURE
House Foundation Walls: Block
House Foundation Floor: Concrete
House Support Columns: Metal
House Wall Framing Material: Wood
House Floor Framing Material: Wood Joists House Roof: Trusses
Attic Access: Hatch
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• There are a few cracks in the foundation walls. Appear to be from
common settlement of the house.
• There are a few cracks in the basement floor. Appear to be from
common shrinkage of the concrete.
• There is some staining on the framing around the chimney visible in
both the attic and basement. The stains were dry at the time of
inspection.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 3 of 11
5415 Laurie Lane, Enola
EXTERIOR
House Root: Asphalt Shingles
Root Inspection Method: Walked
Chimney Material: Block
Gutters: Aluminum
Sidina Material: Metal,Brick
Driveway Material: Asphalt
MAJOR PROBLEMS
• There are several cracked, torn, and missing asphalt shingles on
the"roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
• The clay liner in the chimney is cracked and deteriorated.
MINOR PROBLEMS
• There is rotted wood on the carport and rear sheds. The floor is
rotted in the rear shed.
• The masonry crown on the top of the chimney is cracked.
Recommend the crown be replaced to prevent further damage to
the chimney.
• The sill on the left window on the right side of the house is rotted at
the left corner.
• The trim around the basement windows on the right side of the
house is rotted.
* The brick at the right side of the brick [edge along the front of the
house isloose.
ADDITIONAL OBSERVATIONS
* Maintain paint on exterior wood trim.
• Keep trees and shrubs trimmed back off the house.
* The front concrete stoop has settled and slopes back towards the
house.
0 There is a fungus growing on the shingles.
* Keep gutters clear of debris.
• There are a few cracks in the carport floor. Appear to be from
common shrinkage of the concrete.
• The shrubbery is very dense along the rear of the house.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 4 of 11
5415 Laurie Lane, Enola
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 5 of 11
5415 Laurie Lane, Enola
PLUMBING SYSTEM
Water Supplv: Well Treatment System:Yes/None
Main Water Shutoff Location: Basement
Main Pipe Material: Plastic,Copper,Galvanized,Lead?
Interior Pipe Material: Copper Hose bib: Frost Proof
Water Heater: Electric,Piped Gas,Bottled Gas,Oil Quantity = Age:Q Gallons:
Waste Pipe Material: Plastic,Cast Iron,Galvanized,Copper, Lead?
Waste System: Public
Bathtub Material: Metal,Tile
MAJOR PROBLEMS
• There is cracked and loose the in the shower surround. There are
several areas with missing mortar.
MINOR PROBLEMS
• The front exterior hose bib leaks at the handle when operated.
• There is a leak at the shut-off valve for the cold water supply to the
basement bathroom sink.
ADDITIONAL OBSERVATIONS
• There is carpet on the floor of the bathroom.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 6 of 11
5415 Laurie Lane, Enola
ELECTRIC SYSTEM
Service Entrance: Overhead Electric Supply: 100
Main Panel Box Location: Basement Main Panel Box Quantity: �1
Breakers: Main Panel Box Main Disconnect: Basement
Wiring: Grounded Romex Distribution Wire: Copper
Receptacle Type: 31-lole
Ground Fault Interrupters: Exterior
Grounding: Rod
MAJOR PROBLEMS
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
When overloaded. It is recommended that the main electric panel
box be replaced.
MINOR PROBLEMS
• The wire for the dryer is hanging loose. Recommend terminating
the wire inside a junction box.
ADDITIONAL OBSERVATIONS
• No GFCI receptacles in kitchen or bathroom. May not have been
required when the house was built.
• There are a limited amount of receptacles in each room.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 7 of 11
5415 Laurie Lane, Enola
HEATING / AIR CONDITIONING
Heat Fuel Source:Oil
Heat Location: Basement
Boiler: Water,Baseboards,Circulated
Space Heater: Electric
Fuel Tank Location: Basement
Fuel Shutoff Location: Basement
Thermostat: Single
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The boiler operated from the thermostat and provided hot water to
the baseboards. Clean and service yearly.
• The vent for the oil tank is small (undersized according to today's
standards). The oil company that delivers oil may request you
replace the vent.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 8 of 11
5415 Laurie Lane, Enola
INTERIOR AREAS
Walls and Ceiling: Drywall
Flooring: Carpet,Vinyl
Windows: Wood,Double Hung
Storm Windows: Complete Storm Doors
Attic Insulation: Batts,Thickness 9+/-inches Fans: Ceiling
Attic Ventilation: Ridge Vent,Soffit
Smoke Detectors: Battery Central Vacuum: Yes
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
• There is cracked glass in the living room bow window.
• The rear bedroom door hits the frame when closed.
ADDITIONAL OBSERVATIONS
• We do not inspect chimney flue liners. Recommend the chimney
flue be cleaned and inspected prior to use.
• There are several cracks and nail pops in the drywall throughout
the house. Appear to be from common settlement of the house.
• There is no exhaust fan in the bathroom. Recommend opening a
window when showering or installing an exhaust fan to remove
moisture from the bathroom.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 9 of 11
5415 Laurie Lane, Enola
KITCHEN
Electric Stove: Operated= Yes
Microwave: Operated= Yes
Garbage Disposal: Operated= Yes
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The appliances operated at the time of the inspection.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 10 of 11
5415 Laurie Lane, Enola
BASEMENT / CRAWL SPACE / SLAB
Basement
Finished Basement:Partial Heated: Partial Windows Exterior Door
Finished Flooring: Vinyl,Carpet Finished Wall Material: Paneling,Drywall
Insulated Walls: Partial
Water Control Measures: Dehumidifier
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The age of the house and construction method never intended on
providing a dry basement. There is some staining on the paneling
in the basement. No water on the floor at time of inspection.
• Recommend operating a dehumidifier in the basement.
• Recommend adding railing to the open side of the basement stiars.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 11 of 11
� x
INSPECTION AGREEMENT
Limitations at)d Explanations
1. This agreement is between the client whose name and the address of the building to be inspected is on Rage nvo of this
agreement,and Tire Inspection Center by Mike Biechler Inc. The Inspection Center by Mike Bicchler inc,will be referred to in
this agreement as"Inspection Center"and the word client will be used in place ofthe client's formal name.
2. The client agrees and understands that this home inspection report is not a warranty or guarantee of condition of any single
component or building as a whole. The inspection and inspection report is a general evaluation of the condition of the building at
the time of the inspection only. A cotttponent or system tttay operate correctly today and fail tomorrow. If you have any specific
concern about any part of the home,you,are advised to seek a pr'of'essional in that area. We do not bore,poke,pry or do anything
_that may.catrse any type ofdama-c to the properry. We do not stove furniture;personal items,drop ceiling tiles,ilobr coverings
or access covers. Any prob€cnt(s)found after the home inspection that are-under or behind these items are considered concealed
defects)and excluded Born liability to the Inspection Center and its inspectors.
1 I€'the inspector states that an area is not viewed,not accessible or that a system is not operated,the system or area is considered
not inspected and the Inspection Center and its inspectors have no liability. If the client wants these areas to be inspected at a
later date,it is the responsibility of the client to schedule this inspection.
4. "file client agrees and understands that the home inspection and report shall be performed in accordance to ASI-11 (American
Society of Horne Inspectors) Standards. The inspector(s)conducting the home inspection is(arc)a member of ASH1 or NAHI
(National Association of Home Inspectors)or is supervised by a member of said association. The inspectors used by Inspection
Center one compliant with PA Act 114, No inspector that does work for this company is a licensed structural engineer. Any
comment made about the structure of the property is based on the inspector's personal experience and general construction
practices-
5. The purpose of the home inspecri-on is to identify"Material Defects"as defined in PA Act'l W "A problem with a residential
real property or a portion of ii that would have a significant adverse impact on the value of the property or that involves an
unreasonable risk to the people oil the property. The tact that a stntctural element,system or subsystem is at or beyond its normal
useful life is not by itself a Material Defect". The inspection Center and the inspectors will only be held liable for Material
Dcfcctrs as defined in PA Act 114.
Ii G_ The client agrees that it is their responsibility to let the inspector and Inspection Center aware of any specific health problems.
We cannot be liable for client's health problems that may be associated with specific conditions in a building.
7. The client understands and agrees that they must read the report in its entirety. Anything on the report may be a concern to the
client. It is the responsibility of the client to have these concerns further evaluated.
8. The client understands and agrees that the building inspection and report is not a substitute for a seller's disclosure. The home
inspection process does not remove the responsibility or liability that a seller has for proper disclosure of past or existing
problems- The Inspection Center will not be held liable for lack of proper discloser by the seller.
9. The client agrees and understands thal.this home inspection is.,for the clients.benefit only. The inspection and inspectior`reporl_is"
not produced to"protect any'thiid parry inchiding lender or insurance company. The Inspection Center will have no liability to
any third party that was given a copy of the inspection report. If client provides inspection to any third party the client assume all
liability of the inspection and agrees to pay for all legal cost to defend the Inspection Center,
r
10. The client understands that we reeommcnd them staying with the inspector during the home inspection so you understand what
was inspected. We do not recommend you go in the attic or onto the roof. It is the client's responsibility to bring any eoncems
they have to the inspector's attention. The client agrees and understands that anyone attending the home inspection does so at
their own risk. The client accepts full responsibility of any personal injury to any parties attending the home inspection or
property damage caused-by people attending the inspection.
1 l. The home inspection report will be released to the client and the real estate agent-working with the client only. If the client does
not want the report released to the real estate agent working with them,they must let the Inspection Company know in writing.
12. If any cost estimates are requested by the client,the client understands that these costs are based only on the past experience of
the inspector.:.The client wit)not-hold the-Inspection Center of the inspector liable for any cost estimatei.'�Therclient understands'
that any cost estimates given by the inspector should not be used as'a negotiating tool because of the possibility of being
inaccurate. The client should get estimates for repairs by contractors able to perform the repairs. It is possible that further
evaluation or even exploration behind materials may be needed for a contractor to give a valid estimate.
11 Unless arrangements'are made a head of time,the inspection report will not be released to the client until the inspection fee(s)are
paid in full. If payment is allowed to be delayed the client understands that any balance not received within 30-days will have a
10%service fee added plus 5%per month based on balanced remlainin .
Revision 3/2010 rE- " 1B1T Page 1
C
INSPECTION AGREEMENT
14. The client understands that the foiloxvin_itehis are not included in the standard home inspection unless agreed upon in writing,at
the bottom of page two, The items excluded are as follows: appraisal, environmental hazards or toxic chemicals. stir quality,
radon gas, writer quality- or water quantity, water pressure. molds, asbestos, formaldehyde:lead or lead based paint, rodents,
insects.wood destroying insects,underground tanks,under ground water lines including main water supply lines and waste lines,
sprinkler systems,later treatment systems. wells or well pumps,septic systems, cistern, Ere suppression systems,smoke alarms
or detectors,carbon monoxide detectors, security systems,elevators,central vacuum systems,speaker or intercom systems,low
voltage wiring, underground wiring, swimming pools,hot tubs, saunas, tennis courts, detached buildings including sheds,yard
iovs,trees,shrubs,overhead wires,property lines,building codes,maintenance codes,zoning,elect romagnctic radiation or fields,
interior of chimney or chininey flues, Furnace heat exchanger,solar panels or heaters,wood or coal or pellet stoves, evidence of
past or present animal wastes or urine. If you would like or need any of the above mentioned items inspected,you can hire the
inspection Centcr as-an"add on"inspection if possible or hire a professional of your choice.
15. As stated in the [ionic inspection law, PA act 114 Section 7512(he client must commence any action for damages arising out of
the home inspection or any inspection agreed upon in this contract within one year from the date the inspection'.vas performed.
16 if there is any problem found after.the home inspection is performed it is the responsibility of(lie client to notify the inspection
Center within 24 hours and allow our inspector full access to CVaIUatC the problem before it is repaired or altered. 11 the client
fails to notify the Inspection Center within 24 hours or fails to give the Inspection Center fidl access prior to any repair being
performed,the inspection Centcr will not be liable.
17. The client agrees to settle any dispute arising from the home inspection or home inspection report shall he submit(ed to final and
binding arbitration under the rules and procedures of the expedited arbitration of[ionic inspection disputes of Construction
Arbitration Serviced Inc. At least one arbitrator must be a member in good standing of(hc American Society of Home Inspector
(ASHI)tnd/orNational Association of t•lomc Inspcctors(NAHI).
1S. If the inspection Center or its inspector is found liable or negligent for the failure to find a problem or prepare the report properly,
the client agrees and understands that the Inspection Center and its inspectors arc limited to the cost of the hone inspection tee.
19. if any section or provision of this agreement is found (o be invalid, unenforceable or voidable, the remaining sections or
provisions of this,agrcermcnt shall remain in full force and effect. This agreement contains fl the terms and conditions between
the client and the Inspection Center.
-f4' Full Home Inspection $ C r'7� Ct Mold Testing $ ...°
Wood Infestation $
ection ins /�".
p ''�•'' 0 E.[ F_S Inspection $
Radon Testing $ r K'• �� FJ Other $
14_ater Quality $ '`" > r.:`._.' o Other $
Total Cost$ -'S✓ (due at the time of inspection)
Inspection Agldress
Client t. f, r .,{ !`_ �._,•�t.%L [ _r.�.�'4. Date !
Signature Print Name
The person signing this document in stating that helshe is authorized-to sign this agreement by any principals-involved.. By
signing this document I am stating that I have read and agree to its terms and conditions. I understand that i have the right to
negotiate this agreement or cancel the inspection at this time and hire another inspection company.
Inspector
Signature ter'' Name Membership Number
Revision 3/2010 Page 2
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION CENTER CIVIL ACTION—LAW
BY MIKE BIECHLER,
Defendants.
CERTIFICATE OF SERVICE
I, LeRoy Smigel, Esquire, attorney for Defendants, Mike Biechler and Inspection Center
by Mike Biechler, in the above-captioned matter, certify that I this day served a copy of the
foregoing Preliminary Objections to the Plaintiff's Complaint upon the person(s) indicated below
by depositing a copy of the same in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, and addressed as follows:
TO: Connie L. Zitsch, Plaintiff, c/o
Nicole L. Javitt, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Attorney for the Plaintiff
SMIGEL,ANDERSON & SACKS,LLP
Date: July 25, 2013 By:
LeRoy VSmigel, re - ID #09 7
Darryl J. Ligu - ID #91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendants Mike Biechler
and Inspection Center by Mike Biechler
` SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson O- ; !u
Sheriff ;c T' E r� T 'r t" ..a {,
Jody S Smith
Chief Deputy 2J l3 JUL 206 AM 10: 3O
=:.
CUMBERLAND COUNTY
Richard w Stewart NT Y
Solicitor _TH,E.V,a RIFF ti E N N S Y LM N 6 A
Connie L Zitsch
Case Number
vs.
Caroline H DeMartyn (et al.) 2013-3749
SHERIFF'S RETURN OF SERVICE
06/28/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Mike Biechler, but was unable to locate the Defendant in the
Sheriff's bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within
Complaint& Notice according to law.
06/28/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Inspection Center, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within
Complaint& Notice according to law.
07/05/2013 10:18 AM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Elizabeth
Biechler, who accepted for Inspection Center, at c/o Mike Biechler, 2466 Roundtop Road, Middletown, PA
17057. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
07/05/2013 10:18 AM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon Elizabeth
Biechler,wife of defendant, who accepted for Mike Biechler, at 2466 Roundtop Road, Middletown, PA
17057. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record.
07/22/2013 09:33 PM -Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Caroline H DeMartyn at 49 Ashburg Drive, Suite 55, Silver Spring, Mechanicsburg, PA 17050.
J IE DIMAR EPUTY
SHERIFF COST: $80.76 SO ANSWERS,
July 24, 2013 RONNY R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoft.Inc.
Ot
: � .
cl
Shelley Ruhl Jack Duignan
Real Estate Deputy ? Chief Deputy
Matthew L. Owens Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania CONNIE L ZITSCH
VS
County of Dauphin INSPECTION CENTER
Sheriff s Return
No. 2013-T-1959
OTHER COUNTY NO. 20133749
And now: JULY 5, 2013 at 10:18:00 AM served the within NOTICE & COMPLAINT upon MIKE
BIECHLER by personally handing to ELIZABETH BIECHLER * 1 true attested copy of the original
NOTICE & COMPLAINT and making known to him/her the contents thereof at 2466 ROUNDTOP
ROAD MIDDLETOWN PA 17057
* WIFE OF DEFENDANT AND ADULT PERSON IN CHARGE AT TIME OF SERVICE.
Sworn and subscribed to So Answers,
before me this 9TH day of July, 2013
Sheriff of Dauphin County, Pa.
-)P*2 By???W4AAm
COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff
NOTARIAL SEAL Deputy: M SWEIGART
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriffs Costs: $66.5 7/3/2013
My Commission Expires August 17,2014
r
Shelley Ruhl Jack Duignan
Real Esta e Deputy ?' Chief Deputy
Matthew L. Owens Michael W. Rinehart
Solicitor Assistant Chief Deputy
Dauphin County
101 Market Street
Harrisburg,Pennsylvania 17101-2079
ph:(717)780-6590 fax:(717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania CONNIE L ZITSCH
VS
County of Dauphin INSPECTION CENTER
Sheriff s Return
No. 2013-T-1959
OTHER COUNTY NO. 20133749
And now: JULY 5, 2013 at 10:18:00 AM served the within NOTICE & COMPLAINT upon
INSPECTION CENTER by personally handing to ELIZABETH BIECHLER * 1 true attested copy of
the original NOTICE & COMPLAINT and making known to him/her the contents thereof at C/O
MIKE BIECHLER, 2466 ROUNDTOP ROAD MIDDLETOWN PA 17057
* WIFE OF MIKE BIECHLER AND ADULT PERSON IN CHARGE AT TIME OF SERVICE.
Sworn and subscribed to So Answers,
before me this 9TH day of July, 2013
Sheriff
y�of Dauphin County, Pa.
B VA"kr&= -
COMMONWEALTH OF PENNSYLVANIA Deputy Sheriff
NOTARIAL SEAL Deputy: M SWEIGART
Karen M.Hoffman,Notary Public
City of Harrisburg,Dauphin County Sheriffs Costs: $66.5 7/3/2013
My Commission Expires August 17,2014
t -
4 �ffr Pry T10,ij�;`TAit.�,
12: 31
Nicole L.Javitt, Esquire 2013 AUG 13 PFD
ID#e0fs-Pykosh Law Group, LLC CUMBERLAND
�VA(�IA 1
2132 Market Street P�r'`d��$Y � 1'
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
niavitt cD.dplglaw,com Attorney for Plaintiff
Connie L. Zitsch COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation
Defendants.
RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S
COMPLAINT
AND NOW comes the Plaintiff, Connie L. Zitsch, by and through her attorneys,
Dethlefs-Pykosh Law Group, LLC, by Nicole L. Javitt, Esquire, and files the within Response to
Defendant's Preliminary Objections to Plaintiffs Complaint and in support therof avers as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
Preliminary Objection—Legal Insufficiency (Demurrer) as to Count 4 because of the
Expressed Language of the Inspection Agreement
6. Admitted.
7. Admitted.
8. Paragraph 8 is a conclusion of law which does not require a response. To the extent a
response is necessary; it is denied that Plaintiff's claim is insufficient.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Denied. It is denied that Defendant could not have known about the large cracks in
the wall. To the contrary, there are questions of fact as to how the inspection was
performed and what should have been found during the inspection.
14. Admitted.
15. Admitted.
16. Paragraph 16 is a conclusion of law which does not require a response.
17. Admitted.
18. Admitted.
19. Paragraph 19 is a conclusion of law which does not require a response.
20. Paragraph 20 is a conclusion of law which does not require a response.
Preliminary Objection—Legal Insufficiency (Demurrer) and or Failure of a Pleading to
Conform to law as to Count 5 because Mike Biechler, Individually, is Not a Proper
Defendant and the Express Language of the Inspection Agreement.
21. Admitted.
22. Paragraph 22 is a conclusion of law which does not require a response. To the extent
a response is necessary, it is denied that Mike Biechler is not liable based on vicarious
liability.
23. Paragraph 23 is a conclusion of law which does not require a response. To the extent
a response is necessary it is denied that it was improper for Plaintiff to name Mike
Biechler, individually, as a Defendant.
24. Paragraph 24 is a conclusion of law which does not require a response.
WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendants'
Preliminary Objections to Plaintiff's Complaint.
Respect 6�6x fully Submitted,Dated: ,3 �Q G By:
Nicole L. Javitt, Es uire
Dethlefs-Pykosh Law Group, LLC
Attorney Id. No.: 309137
2132 Market Street
Camp Hill, PA 17011
(717) 975-9446
n'avitt e,dplglaw.com
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975=9446
Fax—(717)975-2309
niavitt(abdplglaw,com Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation
Defendants.
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Response to Defendant's Preliminary
Objections to Plaintiff's Complaint was served this 1-5 day of 2013 by first class
United States mail on the following:
Inspection Center by Mike Biechler
c/o LeRoy Smigel, Esquire
Darryl J. Liguori, Esquire
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
Respectfully Submitted,
By: CC Z �0 4
Nicole L. Javitt, squire
s
ABRAHAM LAW OFFICES, LLC
0 FIE I OZ-
45 East Main Street,Hummelstown,PA 17036 ' THE PROTHONOTARY
717-566-9380/Fax 566-9385;abelaw(Dcomcast.net
Attorney for Defendant,Caroline H. DeMartyn 7013 AUG 22 AM 10: 34
CUMBERLAND COUNTY
Connie L. Zitsch In the Court of Common Pleas PENNSYLVANIA
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 13-3749 Civil
Caroline H. DeMartyn, an individual, Civil Action— Law
Mike Biechler, an individual, and
Inspection Center by Mike Biechler, a
Pennsylvania business corporation
Defendants
NOTICE
You are hereby notified to respond to the New Matter stated herein with twenty (20) days of
service hereof.
ABRAHAM LAW OFFICES, LLC
45 East Main Street
Hummelstown PA 17036
717-566-9380
Attorney for Defendant,Caroline H. DeMartyn
Date: T`� C,-1L �/3
Connie L. Zitsch In the Court of Common Pleas
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 13-3749 Civil
Caroline H. DeMartyn, an individual, Civil Action — Law
Mike Biechler, an individual, and
Inspection Center by Mike Biechler, a
Pennsylvania business corporation
Defendants
ANSWER
NOW COMES Defendant, Caroline H. DeMartyn, by and through her attorneys, Miller
Lipsitt, LLC, and files the following ANSWER and NEW MATTER:
1 Admitted.
2 Admitted.
3 Admitted.
4 Admitted.
5 No responsive pleading required.
6 Admitted.
7 Admitted in part and denied in part. Defendant admits preparing a Seller's
Property Disclosure Statement ("SPDS") dated September 6, 2012. It is denied
that Defendant presented Plaintiff with Seller's Property Disclosure Statement
dated September 5, 2012. The SPDS and the date thereof speak for itself and
any inferences asserted by Plaintiff are specifically denied.
8 Denied. Defendant accurately represented her knowledge of the property's
condition in the SPDS. Any inferences or conclusions by Plaintiff other than
those specific references by and in the control of Defendant are denied. By way
of further answer, after reasonable investigation, Defendant is without
knowledge or information sufficient to form a belief as to the truth therein.
9 Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth therein.
10 Admitted.
11 Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth therein. By way of further
response, the alleged basement "makeshift wall" was constructed a few years
after the Defendant and her deceased husband purchased the property in 1966
and was part of an overall finishing of the basement for purposes of having a
"family room." The "makeshift wall" was constructed of wood paneling.
12 Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth therein. By way of further
response, Defendant's disclosure pursuant to the SPDS was accurate and
consistent with her knowledge of the property's condition.
13 Denied. Defendant hereby incorporates preceding Answers 7 through 12 as if
fully set forth herein.
14 Denied. Defendant and/or Defendant's unnamed representatives did not
accompany Plaintiff and the inspectors.
15 Admitted in part and denied in part. Defendant admits averment 15, second
sentence. Defendant denies any inference by Plaintiff to the condition of the
property and Defendant's actions and/or efforts thereon. The SPDS speaks for
itself and any inferences by Plaintiff including dampness "problem" are
specifically denied.
16 Denied. The SPDS speaks for itself and any inferences by Plaintiff are specifically
denied. Moreover, Defendant denies Plaintiff's inference that Defendant had
made other references to "leaking" or "cracked foundation" in the SPDS.
17 Admitted.
18 Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth therein. By way of further
response, Plaintiff contacted Defendant on August 29, 2012, and advised her
that Inspection Center by Mike Biechler was to perform the home inspection on
September 5, 2012. An inspection report was issued ("report"); Plaintiff's
Complaint, Exhibit F. Contemporaneously, Plaintiff through her then real estate
agent/agency, Terri Walters-Barrick/RSR Realtors, LLC, 3 Lemoyne Drive,
Lemoyne, PA 17043, prepared and submitted to Defendant the original,
September 5, 2012, written agreement in which Plaintiff agreed to purchase the
subject real property for $132,000.00. Plaintiff through her agent presented
same to Defendant for counter-execution. A true and correct copy of the
written sales agreement (the "Original Agreement") is attached hereto as
Defendant DeMartyn's Exhibit "A." Defendant counter-executed the Plaintiff's
Original Agreement with modifications including an Addendum that called for a
contribution/credit by Defendant of up to $5,000.00. A true and correct copy of
the Addendum ("Addendum") is attached hereto as Defendant DeMartyn's
Exhibit "B." On or about September 8, 2012, Plaintiff advised Defendant that
Plaintiff was obtaining estimates for repairs pursuant to the report. Plaintiff and
Defendant thereafter entered into the subject September 11, 2012, Agreement
to purchase for$125,000.00.
19 Denied. Plaintiff's averment is a conclusion of fact to which no responsive
pleading is required. To the extent that it is deemed an Answer to Plaintiff's
averment is required, it is denied that the damages requested and as set forth in
Plaintiff's Exhibit "D", PROPOSAL BY CLINT A BARRICK are consistent with
Plaintiff's allegations. The suggested demolition work would have been
cosmetic in nature in that the referenced 'brick were only above ground and did
not reach below ground into the foundation; the tree removal and regrading for
water diversion are wholly unrelated to any alleged concealment as alleged by
Plaintiff.
WHERFORE, Defendant, Caroline H. DeMartyn, respectfully requests that your
Honorable Court deny Plaintiff's requested relief against Defendant.
20 No responsive pleading required.
21 Admitted and part and denied in part. It is admitted that Defendant made
representations which are reflected in documentation relating to the sale of the
property and further, the documents speak for themselves and any inferences
by Plaintiff are specifically denied. Further, after reasonable investigation,
Defendant is without knowledge or information sufficient to form a belief as to
the truth therein.
22 Denied. Defendant represented that she was aware of dampness.
23 Admitted.
24 Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth therein. Moreover,
Plaintiff's averment is nonsensical in the context of her action against
Defendant. By way of further response, Defendant is unable to accurately
determine the meaning of or interpret Plaintiff's averment without Defendant
hypothesizing.
25 Denied. Defendant hereby incorporates preceding paragraphs 7 through 24 as if
fully set forth herein.
26 Denied. Defendant hereby incorporates preceding Answer 25.
27 Denied. Defendant hereby incorporates preceding Answer 26.
28 Denied. Defendant hereby incorporates preceding Answer 27.
29 Denied. Defendant hereby incorporates preceding Answer 28.
30 Denied. Plaintiff's averment is a conclusion of fact to which no responsive
pleading is required. To the extent that it is deemed an Answer to Plaintiff's
averment is required, it is denied that the damages requested are consistent
with Plaintiff's allegations. Moreover, the suggested demolition work is
cosmetic in nature in that the referenced brick were only above ground and did
not reach below ground into the foundation; the tree removal and regrading for
water diversion are wholly unrelated to any alleged concealment as alleged by
Plaintiff.
WHERFORE, Defendant, Caroline H. DeMartyn, respectfully requests that your
Honorable Court deny Plaintiff's requested relief against Defendant.
31 No responsive pleading required.
32 Admitted.
33 Denied. Defendant hereby incorporates preceding Answer 7 above as if fully set
forth herein.
34 Admitted.
35 Admitted in part and denied in part. Defendant lived in the property since 1966.
It is denied that Defendant hid anything from Plaintiff. Further, Defendant
hereby incorporates preceding Answer 29 as if fully set forth herein.
36 Admitted in part and denied in part. It is admitted that Defendant did not notify
Plaintiff. It is denied that Defendant was aware of the existence of the matters
complained of therein. By way of further response, Defendant hereby
incorporates preceding Answer 29 as if fully set forth herein.
37 Denied. Defendant was not aware of any defects and further, the statute speaks
for itself and any inferences drawn by Plaintiff thereon are specifically denied.
By way of further response, Defendant hereby incorporates preceding Answer
29 as if fully set forth herein.
38 Denied. Defendant hereby incorporates preceding Answer 37 as if fully set forth
herein.
39 Denied. Plaintiff's averment is a conclusion of fact to which no responsive
pleading is required. To the extent that it is deemed an Answer to Plaintiff's
averment is required, it is denied that the damages requested are consistent
with Plaintiff's allegations. Moreover, the suggested demolition work is
cosmetic in nature in that the referenced brick were only above ground and did
not reach below ground into the foundation; the tree removal and regrading for
water diversion are wholly unrelated to any alleged concealment as alleged by
Plaintiff.
WHERFORE, Defendant, Caroline H. DeMartyn, respectfully requests that your
Honorable Court deny Plaintiff's requested relief against Defendant.
40 Denied. Paragraphs 40 through 56 are not addressed to Defendant and no
response is required.
NEW MATTER
Defendant, Caroline H. Demartyn, raises New Matter against Plaintiff, Connie L. Zitsch,
as follows:
57. Plaintiff's Complaint fails to state a cause of action upon which relief can be
granted.
58. Any damages incurred by Plaintiff were caused by a person or party other than
Defendant and Defendant is not liable to Plaintiff and/or is not jointly and severally
liable to Plaintiff and is not liable over to Plaintiff.
57 At all relevant times hereto, Plaintiff made known to Defendant that Plaintiff
desired to purchase the property.
58 At all relevant times hereto, Plaintiff advised Defendant that Plaintiff would
purchase the property "As Is."
59 In or about late August, 2012, Plaintiff hired a property inspection company,
Defendant, Inspection Center by Mike Biechler, Inc., to perform a property
inspection on the subject property.
60 Plaintiff received a detailed report of the condition of the property which was
dated September 5, 2012.
61 By and through Plaintiff's then real estate agent/agency, Terri Walters-
Barrick/RSR Realtors, LLC, 3 Lemoyne Drive, Lemoyne, PA 17043, Plaintiff
prepared and submitted Plaintiff's original, September 5, 2012, written
agreement in which Plaintiff agreed to purchase the subject real property for
$132,000.00. A true and correct copy of the written sales agreement (the
"Original Agreement") is attached hereto as Defendant DeMartyn's Exhibit "A."
62 Defendant counter-executed the Plaintiff's Original Agreement with
modifications including an Addendum that called for a contribution/credit by
Defendant of up to $5,000.00. A true and correct copy of the Addendum
("Addendum") is attached hereto as Defendant DeMartyn's Exhibit "B."
63 Defendant prepared the SPDS on September 6, 2012, and submitted same to
Plaintiff's agent along with Defendant's counter-executed Agreement and
Addendum.
64 Plaintiff did not accept Defendant's September 6, 2012, revisions to the
Agreement or Addendum.
65 On or about September 8, 2012, Plaintiff advised Defendant that Plaintiff was
obtaining estimates for repairs pursuant to the report.
66 Plaintiff advised Defendant on or about September 8, 2012, that she obtained
estimates for items identified in the inspection report and was satisfied with all
terms and conditions pertaining to the purchase of the subject property and
would move forward with executing a written agreement.
67 By 'the time Plaintiff exhausted negotiations with Defendant over the condition
of the property and its impact on the price in Plaintiff's opinion, Defendant was
caused to reduce the original asking price by over$12,000.00.
68 Plaintiff and Defendant thereafter entered into the subject $125,000.00
September 11, 2012, Agreement of Purchase and Sale of Real Estate—AS IS.
69 Plaintiff's Exhibit A, the subject September 11, 2012, Agreement speaks for
itself.
70 At all relevant times hereto, Plaintiff was fully aware of the transaction being
"AS IS" with no warranties or guarantees provided by Defendant.
71 At all relevant times hereto, the documentation established the transaction as
being "AS IS" with no warranties or guarantees provided by Defendant.
72 At all relevant times hereto, Defendant was not aware of any latent defects
affecting the property.
73 At all relevant times hereto, Defendant accurately stated the condition of the
property in all documentation including the Agreement and the SPDS.
74 Plaintiff had the opportunity to inspect, examine and make a complete review of
the property prior to closing.
75 The Agreement dictates that Plaintiff was to rely solely on Plaintiff's inspection
and review to evaluate the condition of the property.
76 Plaintiff understood, acknowledged and agreed that Defendant made no
warranties or representations as to the condition of the property beyond the
SPDS.
77 Given the full and complete disclosure of the property condition by Defendant in
the pertinent documentation coupled with Plaintiff having hired her own
inspection company, Plaintiff's actions in bringing this matter before your
Honorable Court rises to the level of being frivolous in nature.
78 Defendant submits that it is undisputed that Plaintiff hired a certified home
inspector for the very purpose of discovering any alleged defects as to the
property, and it is undisputed that Plaintiff agreed to purchase the property "AS
IS", and therefore Plaintiff's action is a frivolous action as to Defendant, and
without merit, and has forced Defendant to unnecessarily expend time and incur
attorney fees to defend against Plaintiff's Complaint and that Defendant is
entitled to Defendant's attorney fees as sanctions against Plaintiff for filing a
frivolous action against Defendant.
WHEREFORE, Defendant, Caroline H. DeMartyn, respectfully requests that your
Honorable Court deny the relief requested by Plaintiff and further, dismiss Counts I, II and III
against Defendant, Caroline H. DeMartyn and award Defendant attorney fees in the amount of
Five Thousand ($5,000.00) Dollars in sanctions against Plaintiff.
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
79 Defendant, Caroline H. DeMartyn, hereby incorporates preceding paragraphs 57
through 78 as if fully set forth herein.
80 At all relevant times hereto, Plaintiff was fully aware that Defendant is elderly.
81 Plaintiff is fully aware that the filing of the instant action based upon frivolous
allegations against Defendant constitutes negligent infliction of emotional
distress upon Defendant in that:
a. Defendant is suffering increased stress and health issues from the litigation
and false accusations;
b. High blood pressure, fatigue, lack of sleep and overall physical distress has
been further exacerbated via in the instant action.
82 As a result of Plaintiff's actions, Defendant has been caused to go to the hospital
on an emergency basis on at least two (2) separate occasions in order for
medical personnel to address Defendant's overall, physical well-being.
83 Plaintiff was aware that there was a strong likelihood that Defendant would be
caused to suffer physically as a result of the instant action.
84 Defendant has suffered physically and emotionally by Plaintiff's instant actions.
WHEREFORE, Defendant, Caroline H. DeMartyn, respectfully requests that your
Honorable Court grant Defendant judgment against Plaintiff, Connie L. Zitsch, in amounts
covering all of Defendants costs, fees and expenses relating to her medical treatment, pain and
suffering, in an amount not in excess of arbitration limits.
Respectfully submitted:
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown PA 17036
(717) 566-9380
Attorneys for Defendant, Caroline H. DeMartyn
James A. ' ler, Esquire
Miller Li itt, LLC
4 S 17th Street
Camp Hill, PA 17011
717-737-6400
Connie L. Zitsch In the Court of Common Pleas
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 13-3749 Civil
Caroline H. DeMartyn, an individual, Civil Action —Law
Mike Biechler, an individual, and
Inspection Center by Mike Biechler, a
Pennsylvania business corporation
Defendants
VERIFICATION
I verify that the statements made in the attached Answer and New Matter are
true and correct to the best of my knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated�,t .,2 f- jD/`3 7
/� r b
6 Caroline H. DeMartyn
i
Connie L. Zitsch In the Court of Common Pleas
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 13-3749 Civil
Caroline H. DeMartyn, an individual, Civil Action— Law
Mike Biechler, an individual, and
Inspection Center by Mike Biechler, a
Pennsylvania business corporation
Defendants
Caroline H. DeMartyn - DEFENDANT'S EXHIBIT A
the "Original Agreement"
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE ASR
This form recommended and approved for,but not restricted to use by,the members of the Pennsylvania Association of REALTORS®(PAR).
PARTIES
BUYER(S):Connie L Zitsch SELLERS• gaaeely
a H DAMartyn
BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS:
6 Center Street 49 Ashburg Drive Suite 55 MECH PA 17050
Enola, PA 17025
PROPERTY
PROPERTYADDRESS 5415 Laurie Lane
Rnola PA tt ZIP 17025
in the municipality of E -f'i�l*h � : ,County of Cumberland ,
in the School District of East Pennsboro ate-:t 4ae�► u,:�� (('C/ ,in the Commonwealth of Pennsylvania.
/ Identification(e.g.,Tax ID P,Parcel#,,Lot,Block;Deed Book,Page,Recording Date):10I./40842068
BUYER'S RELATIONSHIP WITH PA LICENSED BROKER
❑No Business Relationship(Buyer Is not represented by a broker)
Broker(Company)RSR REALTORS, I= Licensee(s)(Name)Terri Barriek
Company Address 3 Lemoyne Dr, suite 100, Lemoyna, PA DirectPhone(s) (717)763-1212x132
17043 CellPhone(s) (717)648-0432
Company Phone (717)763-1212 Fax
Company Fax (717)763-1656 Email realte03 @aol.com
Broker is: Licensee(s)is:
®Buyer Agent(Broker represents Buyer only) ®Buyer Agent with Designated Agency
❑Dual Agent(See Dual and/or Designated Agent box below) ❑Buyer Agent without Designated Agency
❑Dual Agent(See Dual and/or Designated Agent box below)
❑Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Buyer)
SELLER'S RELATIONSHIP WITH PA LICENSED BROKER
M No Business Relationship(Seller is not represented by a broker)
Broker(Company) Licensco(s)(Name)
Company Address Direct Phone(s)
Cell Phone(s)
Company Phone Fax
Company Fax Email
Broker is: Licensees)is:
❑Seller Agent(Broker represents Seller only) ❑Seller Agent with Designated Agency
❑Dual Agent(See Dual and/or Designated Agent box below) ❑Seller Agent without Designated Agency
❑Dual Agent(See Dual and/or Designated Agent box below)
❑Transaction Licensee(Broker and Licensee(i)provide real estate services but do not represent Seller)
DUAL AND/OR DESIGNATED AGENCY
A Broker is a Dual Agent when'a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee
represents Buyer and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents
for Buyer and Seller.If the same Licensee is designated for Buyer and Seller,the Licensee is a Dual Agent.
By signing this Agreement,Buyer and Seller each acknowledge having been previously Informed of,and consented to,dual agency,if
applicable. P
,i
Buyer Initials: ASR Page 1 of 11 Seiler Inttia[s� �/ :,/ i
Pennsylvania Association Of REALTORS" Revised 1/12 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR"20 0 t
MR REALTORS,LLC 3 Lemoyne Drive Lmoy m PA 17043 Phone:717-763.1212132 Fax: 717-763-1656 Zitsch
Terri Wdtcr-B2rh* Produced wllh zipform®by zipt oglx 18070 Rftwn We Road,Fraser.Mrchlgan 48028 m am L7dW=bL=
I 1. By this Agreement, dated September 5, 2012 ,
2 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified Property.
3 2. PURCHASE PRICE AND DEPOSITS(1-10)
4 (A) Purchase Price$ 132 000.00
5 ( One Hundred Thirty—Two Thousand
6 U.S.Dollars),to be paid by Buyer as follows:
7 1. Deposit at signing of this Agreement: $ 1 320.00
8 2. Deposit within days of the Execution Date of this Agreement: $
9 3. $
10 4. Remaining balance will be paid at settlement.
I1 (B) All funds paid by Buyer,including deposits, will be paid by check, cashier's check or wired funds. All funds paid by Buyer
12 within 30 DAYS of settlement, including funds paid at settlement, will be by cashier's check or wired funds, but not by per-
13 sons]check
14 (C) Deposits,regardless of the form of payment and the person designated as payee, will be paid in U.S. Dollars to Broker for Seller
15 (unless otherwise stated here: ),
16 who will retain deposits in an escrow account in conformity with all applicable Iaws and regulations until consummation or ter-
17 mination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of
18 the State Real Estate Commission. Checks tendered as deposit monies may be held uncashed pending the execution of this
19 Agreement.
20 3. SELLER ASSIST(If Applicable)(1-10) S E E AD D E N D U M PAG E 2A O F 11 z , :.:;;..,,..
21 Seller will pay$ or %of Purchase Price(0 if not speci towar3
22 Buyer's costs, as permitted by the mortgage lender, if any. Seller is only obligated to pay up to the amount or percentage which is
23 approved by mortgage lender.
24 4. SETTLEMENT AND POSSESSION(1-10)
25 (A) Settlement Date is September 29, 2012 ,or before if Buyer and Seller agree.
26 (B) Settlement wdI occur in the county where the Property is located or in an adjacent county, during normal business hours,unless
27 Buyer and Seller agree otherwise.
28 (C) At time of settlement, the following will be pro-rated on a daily basis between Buyer and Seller, reimbursing where applicable:
29 current taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage assumptions; condominium fees and home-
30 owner association fees; water and/or sewer fees, together with any other lienable municipal service fees. Ali charges will be pro-
31 rated for the period(s)covered Seller will pay up to and including the date of settlement and Buyer will pay for all days follow-
32 ing settlement,unless otherwise stated here:
33
34 (D) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
35
36 (E) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:
37
38 (F) Possession is to be delivered by deed, existing keys and physical possession to a vacant Property free of debris,with all structures
39 broom-clean, at day and time of settlement,unless Seller,before signing this Agreement,has identified in writing that the Property
40 is subject to a lease.
41 (G) If Seller has identified in writing that the Property is subject to a lease, possession is to be delivered by deed, existing keys and
42 assignment of existing leases for the Property,together with security deposits and interest,if any,at day and time of settlement.Seller
43 will not enter into any new leases, nor extend existing leases, for the Property without the written consent of Buyer. Buyer will
44 acknowledge existing lease(s)by initialing the Iease(s)at the execution of this Agreement,unless otherwise stated in this Agreement.
45 ❑Tenant-Occupied Property Addendum(PAR Form TOP)is attached.
46 5. ;DATES/TEVIE IS OF THE ESSENCE(1.10)
47 (A) Written acceptance of all parties will be on or before:September 45, 2 012
` (B) The Settlement Date and all other dates and times identified for the performance of any obligations of this Agreement are of the
�1 49 essence and are binding.
`!Gfir (C) The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign-
:''51 ing and/or initialing it. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding
52 the day this Agreement was executed and including the last day of the time period.All changes to this Agreement should be ini-
53 tialed and dated.
54 (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree-
55 meat of the parties.
56 (E) Certain terms and time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed terms
57 and time periods are negotiable and may be changed by striking out the pre-printed text and inserting different terms acceptable
58 to all parties.
59 6. ZONING(1-10)
60 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdi-
61 vidable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's option,and, if
62 voided,any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action.
63 Zoning Classification: Residential
64 Buyer Initials:L&� ASR Page 2 of 11 Seller Initials
Revised 1/12
i
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65 7. F1Xr1JRES AND PERSONAL PROPERTY(1-10)
66 (A) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including
67 plumbing; heating; radiator covers; lighting fixtures (including chandeliers and ceiling fans); pool and spa equipment (including
68 covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transmitters; tele-
69 vision antennas; unpotted shrubbery, plantings and trees, any remaining heating and cooking fuels stored on the Property at the
70 time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes, wall to wail
71 carpeting; existing window screens, storm windows and screen/storni doors; window covering hardware, shades and blinds;
72 awnings; built-in air conditioners; built-in appliances; the range/oven, unless otherwise stated; and, if owned, water treatment Sys-
73 tems,propane tanks,satellite dishes and security systems.Also included:
74
75 (B) The following items are LEASED (not owned by Seller). Contact the provider vendor for more infbrmation e.g., water treatment
'76 systems,propane tanks,satellite dishes and security systems):
77 (C) EXCLUDED fixtures and items:
78
79 8. MORTGAGE CONT GENCY(1-10)
80 ❑ WAIVED. This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the par-
81 ties may include an appraisal contingency.
82 ® ELECTED.
83 (A) This sale is contingent upon Buyer obtaining mortgage financing according to the following terms:
84 First Mortgage on the Property Second Mortgage on the Property
85 LoanAmount$62,000.00 LoanAmount$
86 Minimum Term 30 years Minimum Tenn years
87 Type of mortgage Conventional Type ofmortgage
88 Loan-To-Value(LTV)ratio: Loan-To-Value(LTV)ratio:
89 For non-FHANA loans LTV ratio not to exceed % For non-FHANA loans LTV ratio not to exceed %
90 Mortgage lender Mortgage tender
91
92 Interest rate 3.000 %,however,Buyer agrees to accept the Interest rate %;however,Buyer agrees to accept the
93 Interest rate as may be committed by the mortgage lender,not t interest rate as may be committed by the mortgage lender,not to
94 exceed a maximum interest rate of 3.500 %. exceed a maximum interest rate of %.
95 Discount points, loan origination, loan placement and other fees Discount points, loan origination, loan placement and other fees
96 charged by the lender as a percentage of the mortgage loan(exclud- charged by the lender as a percentage of the mortgage loan(exclud-
97 ing any mortgage insurance premiums or VA funding fee) not to ing any mortgage insurance premiums or VA funding fee) not to
98 exceed %(0%if not specified)of the mortgage loan. exceed %(0%if not specified)of the mortgage loan.
99 (B) The interest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage Iender(s) gives Buyer the right to guar-
100 antee the interest rate(s) and fee(s) at or below the maximum levels stated. If lender(s)gives Buyer the right to lock in the inter-
101 est rate(s),Buyer will do so at least 15 days before Settlement Date.Buyer gives Seller the right,at Seller's sole option and
102 as permitted by law and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or
103 the mortgage lender(s)to make the above mortgage term(s)available to Buyer.
104 (C) Within days (7 if not specified) from the Execution Date of this Agreement, Buyer will make a completed, written mod
-
105 gage application (including payment for and ordering of appraisal and credit reports without delay, at the time required by
106 lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Paragraph 8(A), if any, otherwise to a responsible
107 mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker for Seller, is authorized to communicate with
108 the mortgage lender(s)to assist in the mortgage loan process.
109 (D) Buyer will be In default of this Agreement H Buyer furnishes false information to anyone concerning Buyer's financial
110 and/or employment status, fails to cooperate in good faith with processing the mortgage loan application (including delay
111 of the appraisal), fails to lock in interest rate(s) as stated in Paragraph 8(B),or otherwise causes the Iender to reject,refuse
112 to approve or Issue a mortgage Ioan commitment.
113 (E) I. Mortgage Commitment Date: September 14 2 012 .Upon receiving a mortgage commitment,Buyer will
114 promptly deliver a copy of the commitment to Seller.
115 2. If Seller does not receive a copy of the mortgage commitment(s) by the Mortgage Commitment Date, Seller may terminate
116 this Agreement by written notice to Buyer. Seller's right to terminate continues until Buyer delivers a mortgage commitment
117 to Seller.Until Seller terminates this Agreement,Buyer is obligated to make a good-faith effort to obtain mortgage financing.
118 3. Seller may terminate this Agreement by written notice to Buyer after the Mortgage Commitment Date if the mortgage commitment:
119 a. Does not satisfy the terms of Paragraph 8(A),OR
120 b. Contains any condition not specified in this Agreement(e g.,the Buyer must settle on another property, an appraisal must
121 be received by the lender,or the mortgage commitment is not valid through the Settlement Date)that is not satisfied and/or
122 removed in writing by the mortgage lender(s)within 7 DAYS after the Mortgage Commitment Date in Paragraph
123 8(E)(1), or any extension thereof, other than those conditions that are customarily satisfied at or near settlement (e.g.,
124 obtaining insurance,confirming employment).
125 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2) or(3), or the mortgage loan(s) is not obtained fnr settlement,
126 all deposit monies will be returned to Buyer according to the terms of Paragraph 23 and this Agreement will be VOID. Buyer
127 will be responsible for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of
128 this Agreement, and any costs incurred by Buyer for. (1)Title search, title insurance and/or mechanics' lien insurance,or any
129 fee for cancellation; (2) Flood insurance, fire insurance,hazard insurance, mine subsidence insurance, or any fee for cancel- 9
130 latio ;(3)Appraisal fees and charges paid in advance to mortgage lender(s). /�
131 Buyer Initials: ASR Page 3 of 11 Seller hddals
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132 (F) If the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires
133 repairs to the Property,Buyer will,upon receiving the requirements,deliver a copy of the requirements to Seller.Within 5
134 DAYS of receiving the copy of the requirements, Seller will notify Buyer whether Seller will make the required repairs at Seller's
135 expense.
136 1. If Seller makes the required repairs to the satisfaction of the mortgage lender and/or insurer,Buyer accepts the Property and
137 agrees to the RELEASE in Paragraph 25 of this Agreement.
138 2. If Seller will not make the required repairs,or if Seller falls to respond within the stated time,Buyer will,within 5
139 DAYS,notify Seller of Buyer's choice to:
140 a. Make the repairs/improvements at Buyer's expense, with permission and access to the Property given by Seller, which
141 will not be unreasonably withheld,OR
142 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of
143 Paragraph 23 of this Agreement.
144 If Buyer fails to respond within the time stated in Paragraph S(P)(2)or falls to terminate this Agreement by written notice
145 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
146 FHANA,IF APPLICABLE
147 (G) It is expressly agreed that notwithstanding any other provisions of this contract,Buyer will not be obligated to complete the pur-
148 chase of the Property described herein or to incur any penalty by forfeiture of earnest"money deposits or otherwise unless Buyer
149 has been given, in accordance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner,
ISO Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than
151 $ (the Purchase Price as stated in this Agreement).Buyer will have the privilege and option of
152 proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation
153 is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does
154 not warrant the value nor the condition of the Property. Buyer should satisfy himseltlherself that the price and condition of the
155 Property are acceptable.
156 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing
157 Administration Transactions, provides, "Whoever for the purpose of. . . influencing in any way the action of such Department,
158 makes, passes, utters or publishes any statement, knowing the same to be false shall be fined under this title or imprisoned not
159 more than two years,or both."
160 U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
161 ❑ Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" Buyer understands the importance of
162 getting an independent home inspection and has thought about this before signing this Agreement Buyer understands that
163 FHA will not perform a home inspection nor guarantee the price or condition of the Property.
164 (1) Certification We the undersigned, Seiler(s) and Buyer(s) party to this transaction each certify that the terms of this contract
165 for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties
166 in connection with this transaction is attached to this Agreement.
167 9. CHANGE IN BUYER'S FINANCIAL STATUS(3-11)
168 In the event of a change in Buyer's financial status affecting Buyer's ability to purchase, Buyer shall promptly notify Seller and
169 lender(s) to whom the Buyer submitted mortgage application, if any. A change in financial status includes, but is not limited to, loss
170 or a change in employment; failure or loss of We of Buyer's home; Buyer's having incurred a new financial obligation; entry of a
171 judgment against Buyer, Buyer understands that applying for and/or incurring an additional financial obligation may affect
172 Buyer's ability to purchase.
173 10.SELLER REPRESENTATIONS(1-10)
174 (A) Radon Testing and Remediation(See Notice Regarding Radon)
175 Seller has no knowledge about the presence or absence of radon unless checked below-
176 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods (e.g. charcoal canister, alpha track,
177 etc.),which produced the results indicated below:
178 Date Type of Test Results(picoCuries/liter or working levels) Name of Testing Service
179
180
181 ❑ 2. Seller has knowledge that the Property had radon removal system(s)installed as indicated below:
182 Date Installed Type of System Provider
183
184
185 Copies of all available test reports will be delivered to Buyer with this Agreement.Seller does not warrant the meth-
186 ods or the results of radon tests.
187 (B) Status of Water
188 Seller represents that the Property is served by:
189 ❑ Public Water ❑ Community Water ® On-site Water ❑ None ❑
190 (C) Status of Sewer
191 Seller represents that the Property is served by:
192 0 Public Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption(see Sewage Notice 2)
193 ❑ Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑ Holding Tank(see Sewage Notice 3)
194 ❑ Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4,if applicable)
195 ❑ None(see Sewage Notice 1) ❑ None Available/Permit Limitations in Effect(see Sewage Notice 5) q
196 ❑ ;
197 Buyer Initials:A. A4 / ASR Page 4 of 11 Seller Initials:/k �/
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198 (D) Historic Preservation
199 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here.
200
201 (E) ❑ Property, or a portion of it,is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land
202 Use Restrictions):
203 ❑ Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.)
204 ❑ Open Space Act(Act 442 of 1967,32 P.S.§5001 et seq.)
205 ❑ Agricultural Area Security Law(Act 43 of 1981,3 P.S.§901 et seq.)
206 ❑ Other
207 (F) Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associa-
208 don assessments have been made against the Property which remain unpaid, and that no notice by any government or public
209 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing,
210 building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a viola-
211 lion of any such ordinances that remain uncorrected,unless otherwise specified here:
212
213 (G) Seller knows of no other potential notices(including violations)and/or assessments except as follows:
214
215 (H) Access to a public road may require issuance of a highway occupancy permit firom the Department of Transportation.
216 11.WAIVER OF CONTINGENCIES(9-05)
217 If this Agreement is contingent on Bayer's right to inspect and/or repair the Property, or to verify Insurability, environmental
218 conditions, boundaries, certifications, zoning classification or use, or any other information regarding the Property, Buyer's
219 failure to exercise any of Buyer's options within the times set forth in this Agreement Is a WAIVER of that contingency and
220 Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement.
221 12.INSPECTIONS(140)(See Notices Regarding Property and Environmental Inspections)
222 (A) Rights and Responsibilities
223 1. Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to
224 surveyors,municipal officials,appraisers and inspectors.All parties and their real estate licensee(s)may attend any inspections.
225 2. Buyer may make a pre-settlement walk-through inspection of the Property. Buyer's right to this inspection is not waived by
226 any other provision of this Agreement.
227 3. Seller will have heating and all utilities(including fuel(s))on for all Inspections/appraisals.
228 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer.
229 5. Seller has the right,upon request,to receive a free copy of any inspection Report from the party for whom it was prepared.
230 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as
231 "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly
232 licensed or otherwise qualified professionals. If the same inspector is inspecting more than one system, the inspector must com-
233 ply with the Home Inspection Law.(See Notice Regarding the Home Inspection Law)
234 (C) For elected Inspection(s),Buyer will, within the Contingency Period(s)stated in Paragraph 13(A),complete Inspections,obtain any
235 Inspection Reports or results(referred to as"Report"or"Reports'), and accept the Property,terminate this Agreement, or submit a
236 Written Corrective Proposal(s)to Seller,according to the tams of Paragraph 13(B).
237 Home/Property Inspections and Environmental Hazards(mold,etc.)
238 lected ' Buyer may conduct an inspection of the Property's structural components roof; exterior windows and exterior Waived
239 , / doors;exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,hot /
240 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;heating and cool-
241 mg systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square
242 footage;mold and other environmental hazards(e.g.,fungi,indoor air quality,asbestos,underground storage tanks,
243 etc.);and any other items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in
244 -i the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national
245 home inspection association,or a person supervised by a full member of a national home inspection association,in
246 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed
247 or registered engineer or architect.(See Notice Regarding the Home Inspection Law)
248 <` Wood Infestation
249 ected`; Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as Waived
250 a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- /
251 ed by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mort-
252 gage lender requirements,and/or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be
253 limited to all readily-visible and accessible areas of all structures on the Property,except fences.If the Inspection
254 reveals active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pes-
255 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer
256 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to
257 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property.
258 Water Service
259 Elected- Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived
260 /(+4 qualified water/well testing company.If and as required by the inspection company,Seller,at Seller's expense,will /
261 locate and provide access to the on-site(or individual)water system Seller will restore the Property to its previous
262 condition,at Seller's expense,prior to settlement. A
263 Buyer Initials: / ASR Page 5 of 11 Seller Initials. -
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264 Radon
265 ected,,,;�,.,,,--Buycr may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived
266 /1 ',Agency(EPA)advises corrective action if the average annual exposure to radon is equal to or higher than 0.02
267 Ca��-w working levels or 4 picoCuries/liter(4pCi/L).
269 On-lot Sewage(If Applicable)
269 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professional ved
270 inspector.If and as required by the inspection company,Seller,at Seller's expense,will locate,provide act &44(
271 and empty the individual on-lot sewage disposal system.Seller will restore the Pro"to its previous condition,
272 at Seller's expense,prior to settlement. See paragraph 13(C)for more information regarding the Individual On-lot
273 Sewage Inspection Contingency.
274 Property Insurance
27 Buyer may determine the insurability of the Property by making application for property and casualty insurance fur Waived
27t,22Elected
Ir `the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate with
277 the insurer to assist in the insurance process.If the Property is located in a flood plain,Buyer may be required to
278 carry flood insurance at Buyer's expense,which may need to he ordered 14 days or more prior to Settlement Date.
279 Property Boundaries
280 Elected Buyer may engage the services of a surveyor, tide abstractor, or other qualified professional to assess the legal
_ _rNd
291 description,certainty and location of boundaries and/or quantum of land.Most Sellers have not had the Property
282 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural
283 or constructed barriers may or may not represent the true boundary lines of the Property.Any numerical represen-
284 tations of size of property are approximations only and may be inaccurate.
285 Deeds,Restrictions and Zoning
286 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or ordt- ived,-
287 nanccs)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of thcil:&J2�&�
288 Property(such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the
289 Agreement contingent upon an anticipated use.Present use:
290 Lead-Based Paint Hazards(For Properties prior to 1978 only)
291 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978,Buyer has the option to conduct a/;,,V#Ived
292 I risk assesarnent and/or inspection of the Property for the presence of lead-based paint and/or lead based pair
293 ards unless Buyer waives that right.Regardless of whether this Inspection Is elected or waived,the Residential
294 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the
295 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in
296 Your Home,along with a separate form, attached to this Agreement, disclosing Seller's knowledge of lead-
297 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding
298 Residential Lead-Based Point Hazard Reduction Act)
299 Other
300 Elected Waived
301
302
303 The Inspections;elected above do not apply to the following existing conditions and/or items.
304
305
306 173.INSPECTION CONTINGENCY(1-15)
307 (A) The Contingency Period is days(10 if not specified)from the Execution Date of this Agreement for each Inspection elect-
308 ed in Paragraph 12(C),except the following:
309 Inspection(s) Contingency Period
310 days
311 days
312 days
313 days
314 (B) Except as stated in Paragraph 13(C), if the result of any Inspection elected in Paragraph 12(Q is unsatisfactory to Buyer, Buyer
315 will,within the stated Contingency Period:
316 1. Accept the Property with the information stated in the Report(a)and agree to the RELEASE in Paragraph 25 of this Agreement,OR
317 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
318 Paragraph 23 ofthis Agreement OR
319 3. Present the Report(s)to Seller with a Written Corrective Proposal("Proposal")Wag corrections and/or credits desired by Buyer.
320 The Proposal may,but is not required to,include the narn*)of a properly licensed or qualified professional(s)to perform the cor-
321 rections requested in the Proposal,provisions for payment; including retests,and a projected date for completion of the correc-
322 lions.Buyer agrees that Seller will not be hold liable for corrections that do not comply with mortgage lender or governmental
323 requirements if performed in a workmanlike manner according to the terms of Buyer's Proposal.
324 a. No later than_days(5 if not specified)from the end of the Contingency Period(s),Seller will inform Buyer in writ-
325 ing that Seller*11:
326 (1) Satisfy all the terms of Buyer's Proposal(s),OR
327 (2) Not satisfy all the terms of Buyer's Proposal(s).
328 b. If Seller agrees to satisfy the terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in
329 Paragraph 25 of this Agreement
330 c. Within days(2 if not specified)of the receipt of written notification that Seller will not satisfy all terms of Buyer's
331 Buyer Initial—a-2 .=4— ASR Page 6ofll Seller Inid
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332 Proposal, or the time stated in paragraph 13(B)(3)(a)if Seller fails to choose either option in writing, whichever occurs
333 first,Buyer will:
334 (1) Accept the Property with the information stated in the Reports)and agree to the RELEASE in Paragraph 25 of this
335 Agreement,OR
336 (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms
337 of Paragraph 23 of this Agreement,OR
338 (3) Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the
339 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any.
340 If Buyer falls to respond within the time stated in Paragraph 13(B)(3)(c)or falls to terminate this Agreement by
341 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in.Paragraph
342 25 of this Agreement.
343 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within
344 days(25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the
345 name of the company to perform the expansion or replacement; provisions for payment, including retests; and a projected com-
346 pletion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the
347 stated time,Buyer will notify Seller in writing of Buyer's choice to:
348 1. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement,OR
349 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
350 Paragraph 23 of this Agreement,OR
351 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 25 of this Agreement. If required by any
352 mortgage lender,and/or any governmental authority,Buyer will correct the defects before settlement or within the time required
353 by the mortgage,lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given
354 by Seller,which may not be unreasonably withheld.If Seller denies Buyer permission and/or access to correct the defects,Buyer
355 may,within 5 DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned
356 to Buyer according to the terms of Paragraph 23 of this Agreement.
357 If Buyer fails to respond within the time stated in Paragraph 13(C) or fails to terminate this Agreement by written notice
358 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
359 14.NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10)
360 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before
361 settlement,Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess-
362 meets to Buyer and will notify Buyer in writing that Seller will:
363 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the
364 notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 25 of this Agreement, OR t
365 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices and/or assessments, or fails
366 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS
367 that Buyer will:
368 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in
369 Paragraph 25 of this Agreement,OR
370 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of
371 Paragraph 23 of this Agreement.
372 If Buyer fails to;respond within the time stated in.Paragraph 14(AX2)or fails to terminate this Agreement by written notice
373 to Seller within that tine,Buyer will accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement.
374 (B) If required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior
375 to Settlement Date,Seller will order at Seller's expense a certification from the appropriate municipal department(s)disclosing notice
376 of any uncorrected violations of zoning,housing,building,safety or fire ordinances and/or a certificate permitting occupancy of the
377 Property. If Buyer receives a notice of any required repairs/itnprovements,Buyer will promptly deliver a copy of the notice to Seller.
378 1. Within 5 ' DAYS of receiving notice from the municipality that repairs/improvements are required,Seller will deliver a
379 copy of the notice to Buyer and notify Buyer in writing that Seller will:
380 a. Make the required repairsfmprovements to the satisfaction of the municipality. If Seller makes the required
381 repairs/improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR
382 b. Not make the required repairslimprovements. If Seller chooses not to make the required repairs/improvements,Buyer will
383 notify Sella zn writing within 5 DAYS that Buyer will:
384 (1) Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which
385 will not be unreasonably withheld,OR
386 (2) Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms
387 of Paragraph 23 of this Agreement.
388 If Buyer falls to respond within the time stated In Paragraph 14(B)(1)(b) or.fails to terminate this Agreement by
389 written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE in Paragraph
390 25 of this Agreement, and Buyer accepts the responsibility to perform the repairs/improvements according to the
391 terms of the notice provided by the municipality.
392 2. If Seller denies Buyer permission to make the required repairs/nnprovements, or does not provide Buyer access before
393 Settlement Date to make the required repairs/improvements,Buyer may,within 5 • DAYS,terminate this Agreement by
394 written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 23 of this Agreement.
395 3. If repairsAimprovements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller
396 will perform all repairsrmprovements as required by the notice at Seller's expense.Paragraph 14(B)(3)will survive settlement.
397 Buyer Initials:h—L ASR Page 7 of 11 Seller YetNW
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398 15.CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(1-10)
399 Property is NOT a Condominium or part of a Planned Community unless checked below.
400 ❑ CONDOMINIUM.The Property is a unit of a condominium that is primarily run by a unit owners'association.Section 3407 of the
401 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to
402 fumish Buyer with a Certificate of Resale and copies of the condominium declaration (other than plats and plans), the bylaws and
443 the rules and regulations of the association.
404 ❑ PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). The Property is part of a planned community as defined by the
405 Uniform Planned Community Act (see Notice Regarding Condominiums and Planned Communities). Section 5407(a) of the Act
406 requires Seller to famish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations
407 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act.
408 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY.
409 (A) Within 15 DAYS from the Execution Date of this Agreement, Seller,at Seller's expense,will request from the association a
410 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act. The Act provides that
411 the association is required to provide these documents within 10 days of Seller's request.
412 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for
413 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso-
414 ciation in the Certificate.
415 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and
416 for 5 days after receipt, OR until settlement,-whichever occurs first. Buyer's notice to Seller must be in writing; upon Buyer
4I7 declaring this Agreement void, all deposit monies will be returned to Buyer according to the terms of Paragraph 23 of this
418 Agreement.
419 (D) If the association has the right to buy the Property(right of first refusal), and the association exercises that right, Seller will reim-
420 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement,
421 and any costs incurred by Buyer for: (1)Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation;
422 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation, (3) Appraisal fees
423 and charges paid in advance to mortgage lender.
424 16.TITLES,SURVEYS AND COSTS(1-12)
425 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg-
426 ular rates, free and clear of all Iiens, encumbrances, and easements, excepting however the following: existing deed restrictions;
427 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the
428 ground;easements of record,and privileges or rights of public service companies,if any.
429 (B) Buyer will pay for the following. (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation;
430 (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancellation; (3) Appraisal fees
431 and charges paid in advance to mortgage lender,(4)Buyer's customary settlement costs and accruals.
432 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal
433 description of the Property (or the correction thereoo will be obtained and paid for by Seller. Any survey or surveys desired by
434 Buyer or required by the mortgage lender will be obtained and paid for by Buyer.
435 (D) If Seiler is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as
436 specified in Paragraph 16(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to
437 Buyer according to the terms of Paragraph 23 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs
438 incurred by Buyer for any inspections or certifications obtained according to the tears of this Agreement, and for those items spee.
439 ified in paragraph 16(B)items(1),(2),(3)and in Paragraph 16(C).
440 (E) Oil,gas,mineral,or other rights of this Property may have been previously conveyed or leased,and Sellers make no representation about
441 the status of those rights unless indicated elsewhere in this Agreement.
442 ❑ Olt,Gas and Mineral Rights Addendum(PAR Form OGM)Is attached.
443 (F) COAL NOTICE(Where Applicable)
444 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNFATH
445 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN.AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL
446 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION.DAMAGE MAY RESULT TO T'HH SURFACE OF THE.LAND AND ANY HOUSE,
447 BUILDINO OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of
448 July 17, 1957, P.L. 984.) `Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting
449 from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a
450 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com-
451 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966."
452 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision.
453 (G) The Property is not a"recreational cabin" as defined in the Pennsylvania Construction Code Act unless otherwise stated here(see
454 Notice Regarding Recreational Cabins):
455 (I3) This property is not subject to a Private Transfer Fee Obligation unless otherwise stated here(see Notice Regarding Private Transfer
456 Fees):
457 ❑ Private Transfer Fee Addendum(PAR Form PTF)is attached.
458 17.MAINTENANCE AND RISK OF LOSS(1-10)
459 (A) Seller will maintain the Property, grounds, fixtures and personal property specifically listed in this Agreement in its present con-
460 dition,normal wear and tear excepted.
461 (B) If any system or appliance included in the sale of Property falls before settlement,Seller will:
462 1. Repair or replace the failed system or appliance before settlement,OR
463 2. Provide prompt written notice to Buyer of Seller's decision to:
464 a. Credit Buyer at settlement for the fair market value of the failed system or appliance,as acceptable to the mortgage lender,
465 if any,OR
466 Buyer Initials: / ASR Page 8 of 11 Seller Initials:(`= _ '
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467 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the
468 failed system or appliance.
469 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value,or if Seller
470 falls to notify Buyer of Seller's choice,Buyer will notify Seller in writing within 5 DAYS or before Settlement Date,
471 whichever is earlier,that Buyer will:
472 a. Accept the Property and agree to the RELEASE in Paragraph 25 of this Agreement,OR
473 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of
474 Paragraph 23 of this Agreement.
475 If Buyer fails to respond within the time stated In Paragraph 17(B)(3) or fails to terminate this Agreement by written
476 notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In Paragraph 25 of this
477 Agreement.
478 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not
479 replaced prior to settlement,Buyer will:
480 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR
481 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of
482 Paragraph 23 of this Agreement.
483 18.HOME WARRANTIES(1-10)
484 At or before settlement, either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seller under-
485 stand that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any pre-
486 existing defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifi-
487 cations that Buyer has elected or waived as part of this Agreement Buyer and Seller understand that a broker who recommends a home
488 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker.
489 19.RECORDING(9-05)
490 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer
491 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default of this Agreement
492 20.ASSIGNMENT(1-10)
493 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, and to the extent assigna-
494 ble, on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless
495 otherwise stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes.
496 21.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05) i
497 (A) The validity and construction of this Agreement, and the rights and duties of the parties,will be governed in accordance with the
498 laws of the Commonwealth of Pennsylvania
499 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its performance by
500 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of
501 Pennsylvania.
502 22.REPRESENTATIONS(1-10)
503 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their
504 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this
505 Agreement This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations,
506 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This
507 Agreement will not be altered,amended,changed or modified except in writing executed by the parties.
508 (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal prop- l
509 erty specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the
510 Property IN ITS PRESENT CONDITION, subject to Inspection contingencies elected in this Agreement. Buyer aclmowi-
511 edges that Brokers, their licensees, employees, officers or partners have not made an Independent examination or deter-
512 mination of the structural soundness of the Property, the age or condition of the components, environmental conditions,
513 the permitted uses, nor of conditions existing in the locale where the Property is situated; nor have they made a mechan-
514 ical inspection of any of the systems contained therein.
515 (C) Any repairs required by this Agreement will be completed in a workmanlike manner.
516 (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement.
517 23,DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10)
518 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of
519 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 23(B), and this Agreement will be
520 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit
521 monies.
522 (B) Regardless of the apparent entitlement to deposit monies, Pennsylvania Iaw does not allow a Broker holding deposit monies to
523 determine who is entitled to the deposit monies when settlement does not occur.Broker can only release the deposit monies:
524 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written
525 agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
526 2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, direct-
527 ing Broker how to distribute some or all of the deposit monies.
528 3. According to the terms of a final order of court.
529 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the
530 deposit monies if there is a dispute between the parties that is not resolved.(See Paragraph 23(C))
531 Buyer Initials: LL, ASR Page 9 of 11 Seller Initlals.�!t 1• p
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532 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after
533 the Settlement Date stated in Paragraph 4(A), or any written extensions thereof; the Broker holding the deposit monies will, with-
534 in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi-
535 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of Iitigation prior
536 to the receipt of Buyer's request for distribution,Broker will continue to hold the deposit monies until receipt of a written distd-
537 bution agreement between Buyer and Seller or a final court order. Buyer and Seller are advised to initiate litigation for any por-
538 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the
539 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that
540 the parties maintain their legal rights to pursue litigation even after a distribution is made.
541 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 23 or Pennsylvania
542 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit
543 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation.
544 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer:
545 1. Fail to make any additional payments as specified in Paragraph 2,OR
546 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning
547 Buyer's legal or financial status,OR
548 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement.
549 (F) Unless otherwise checked in Paragraph 23(G),Seller may elect to retain those sums paid by Buyer,including deposit monies:
550 1.. On account of purchase price,OR
551 2. As monies to be applied to Seller's damages,OR
552 3. As liquidated damages for such default.
553 (G) ® SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED
554 DAMAGES.
555 (Fij If Sella retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 23(F) or (G),
556 Buyer and Seller are released from further liability or obligation and this Agreement is VOID.
557 (1) Brokers and licensees are not responsible for unpaid deposits.
558 24.MEDIATION(1-10)
559 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies,
560 to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute
561 Resolution System, unless it is not available,in which case Buyer and Seller will mediate according to the terms of the mediation sys-
562 tem offered or endorsed by the local Association of REALTORS& Mediation fees, contained in the mediator's fee schedule, will be
563 divided equally among the parties and will be paid before the mediation confereace. This mediation process must be concluded before
564 any party to the dispute may initiate legal proceedings in any courtroom, with the exception of filing a summons if it is necessary to
565 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding(see
566 Notice Regarding Mediation).Any agreement to mediate disputes or claims arising from this Agreement will survive settlement.
567 25.RELEASE(9-05)
568 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any
569 OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or
570 through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property dam-
571 age and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-
572 boring insects, radon, lead-based paint hazards, mold, fungi or indoor air quality, environmental hazards, any defects in the
573 individual on-lot sewage disposal system or deficiencies in the on-site water service system, or any defects or conditions on the
574 Property. Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula-
575 tion, this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity. This
576 release will survive settlement.
577 26.REAL ESTATE RECOVERY FUND(9-05)
578 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real
579 estate licensee (or a licensee's affiliates) owing to ftaud, misrepresentation, or deceit in a real estate transaction and who have been
580 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-
581 3658 or(800)822-2113(within Pennsylvania)and(717)783-4854(outside Pennsylvania).
582 27.COMMUNICATIONS WITH BUYER AND/OR SELLER(1-10)
583 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satis-
584 fled by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to
585 Paragraph 15. If there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct-
586 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com-
587 munication/delivery to a Seller, that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is
588 no Broker fbr Seller, those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless other-
589 wise agreed to by the parties.
590 28.SPECIAL CLAUSES(1-10)
591 (A) The following are part of this Agreement if checked:
592 ❑ Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP)
593 ❑ Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM)
594 p Settlement of Other Property Contingency Addendum(PAR Form SOP)
595 ❑ Short Sale Addendum to Agreement of Sale(PAR Form SHS)
596 ❑ Appraisal Contingency Addendum(PAR Form ACA)
597 ❑
598 ❑
599 ❑
600 Buyer Iidtlalsr ! ASR Page 10 of 11 Seller Initials., !
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601 (B) Additional Terms:
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing.
619 This Agreement may be executed In one or more counterparts, each of which shall be deemed to be an original and which coun-
620 terparts together shall constitute one and the same Agreement of the Parties.
621 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are
622 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice.
623 Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures
624 of all parties,constitutes acceptance by the parties.
625 Buyer has received the Consumer Notice as adapted by the State Real Estate Commission at 49 Pa.Code
626 §35.336.
627 C— ,...t Buyer has received it statement of Buyer's estimated closing costs before signing this Agreement.
6280E/ Buyer has read and understands the notices and explanatory Information in this Agreement.
629 ! Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law
630 (see Information Regarding the Real Estate Seller Disclosure Law).
631 ! Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit
632 money)before signing this Agreement.
633 / Buyer has received the Lead-Based Paint Hazards Disclosure, which Is attached to this Agreement of Sale, and
634 the pamphlet Protect Your Family from Lead in Your Home(for properties built prior to 1978)
690� '
635 BUYER. � � DATE
Cones a L 83tso
636 BUYER DATE
637 BAYER DATE
638 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336.
639 Seller has received a statement of Seller's estimated closing costs before signing this Agreement.
640 Seller has dead and understands the notices and explanatory Information in this Agreement.
641 SELLER
A.' r�� r(� DATE .. t 1:�
, ..
Uav*W—H DeMa tyn
Caroline
642 SELLER DATE
643 SELLER DATE
§
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NOTICE REGARDING CONVICTED SEX OFFENDERS(MEGAN'S LAW)
The Pennsylvania(kene al Assembly has passed legislation(often referred to as"Megan's Law,"42 Pa.C.S.§9791 et seq.)providing for
community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police
department or the Pennsylvania State Police for Information relating to the presence of sex offenders near a particular property,or
to check the Information on the Pennsylvania State Police Web site at www.pameganslaw.smte.pa us.
FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980(FIRPTA)
The disposition of a U.S.real property interest by a foreign person(the transferor)is subject to the Foreign Investment in Real Property Tax
Act of 1980(FIRPTA)income tax withholding.FIRPTA authorized the United States to tax foreign persons on dispositions of U.S.real
property interests.This includes but is not limited to a sale or exchange,liquidation,redemption,gift,transfers,etc.Persons purchasing U.S.
real property interests(transferee) from foreign persons, certain purchasers' agents, and settlement officers are required to withhold 10
percent of the amount realized(special rules for foreign corporations).Withholding is intended to ensi a., S,taxation of gains realized on
disposition of such interests.The transferee/Buyer is the withholding agent.If you are the transferedVuye you must Srid out if the transferor
is a foreign person.If the transferor is a foreign person and you fail to withhold,you may be hell lirLbleo�tiie�aic�
Flrl NOTICE REGARDING REAL ESTATE TAXES(Paragraph�urchase;-Prlce'an¢Deposits)
Real Estate Tax Proration:For purposes of prorating real estate taxes, a enodis cove 'i by tht E&bills are as follows:
Municipal Taxes: For all counties and municipalities in PpnnAa� az'lls are r�he� d January 1 to December 31.
School Taxes: For all school districts,other than,.the '�iladelpiia;Prtlatiurgh�an�Scranton school districts,the period covered by the
tax bi11 is July 1 to June 30.Forwfbe' adeiphiaburghand Scranton school districts,tax bills are for the period
January I to December
Real Estate Assessment: In P 1 taxing on es s ooI districts and municipalities) and property owners may appeal the
assessed value of a property at K. Qt`�4ale,or a nd time thereafter.A successful appeal by a taxing authority may result in a higher
assessed value for the pro arty an flp 'c !r1� ` party taxes. Also, periodic county-wide property reassessments may change the
assessed value of the pro d_ .;;m a. angen roperty tax.
t �
NOTICE Tu m. E-S EIQNG MORTGAGE FINANCING(Paragraph 8:Mortgage Contingency)
�kr
The appraised value of the Property is used by lenders to determine the maximum amount of a mortgage loan.The appraised value is
determined by an independent appraiser,subject to the mortgage lender's underwriter review,and may be higher or lower than the Purchase
Price and/or market price of the property.
The Loan-To-Value Ratio(LTV)is used by lenders as one tool to help assess the potential risk of a mortgage loan,LTV is determined by
dividing the requested loan amount by either the Purchase Price or the appraised value of the property,whichever is lower.A particular LTV
may be necessary to qualify for certain loans,or Buyers might be required to pay additional fees if the LTV exceeds a specific level.
NOTICE REGARDING TRUTH IN LENDING(Paragraph 8:Mortgage Contingency)
The Mortgage Disclosure Improvement Act requires mortgage lenders to provide Buyer with a Truth in Lending(TIL)statement at the time
of mortgage application(early disclosure)and anytime thereafter(re-disclosure)if the annual percentage rate(APR) changes by more than
.125 percent. Settlement cannot occur within 7 days of the early disclosure or within 3 days of re-disclosum If a re-disclosure of a TIL
statement is made within 3 days of the Settlement Date in the Agreement, settlement for the Property would have to occur after the
Settlement Date stated.Buyer and Seller are advised that the APR may change by more than.125 percent based on factors including,but not
limited to, Seller credits, changes in loan amount or duration,and Settlement Date change, If the Buyer and Seller agree to modify the
Settlement Date in response to the TIL statement waiting period,or for any other reason,it should be done by mutual written agreement of
the parties.
8
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SEWAGE NOTICES(Paragraph 10:Seller Representations)
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT
PROPERTY.
Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install,construct,request bid proposals
for construction,alter,repair or occupy any building or structure for which an individual sewage system is to be installed,
without first obtaining a permit.Buyer is advised by this notice that,before signing this Agreement,Buyer should contact
the local agency charged with administering the Act to determine the procedure and requirements for obtaining a permit for
an individual sewage system. The local agency charged with administering the Act will be the municipality where the
Property is located or that municipality worldng cooperatively with others.
NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE
TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF Tft.PENNSYLVANIA SEWAGE
FACILITIES ACT. ' •
r�:rr
(Section 7 provides that a permit may not be required before installing,copstruchngc,aw2Miig a contract for construction,
altering,repairing or connecting to an individual sewage system whe.kexA acre gr�eT� l*ot subdivided from a parent
tract after January 10, 1987).Buyer is advised that soils and site testittg w �9not ce iiuctetl%and that,should the system
malfunction,the owner of the Property or properties serviced rby:the`�s • a th tip o7f/{ycaw al irnchion maybe held liable
for any contamination,pollution,public health hazard orkituisan,064 hi `occurs as a
NOTICE 3: THIS PROPERTY IS SERVICED BY.+� �SY- GTANK(EE NT OR TEMP ORARY) TO WHICH
SEWAGE IS CONVEYED BYATERS"SlS1`irY1 AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILIT LIMA , )E THE SEWAGE AT ANOTHER SITE.
Pursuant to the Pennsylvania Sewage a irties Act; �( riM'stprovide a history of the annual cost of maintaining the
tank from the date of its' 1on.or Dec 'er 14, S�whichever is later.
NOTICE 4: AN INDIVIDU•�1L ,{AGE S M BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THAT ISt;ESS,,X-#AN TI�ISTANCE SPECIFIED BY REGULATION.
The regulapan S;PaWde§�3,'5"'pertaining to minimum horizontal isolation distances provide guidance.Subsection
(b)of§' f tEt t e i1}mum horizontal isolation distance between an individual water supply or water supply
system su n` insrena'�tment tanks shall be 50 feel. Subsection(c) of§73.13 states that the horizontal isolation
distance bet 'r�the�Ta$li idual water supply or water supply system suction line and the perimeter of the absorption area
shall be 100t
NOTICE 5: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECTAND IS SUBJECT TO
THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL
THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE
PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER
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NOTICES REGARDING LAND USE RESTRICTIONS(Paragraph 10:Seller Representations)
NOTICE PURSUANT TO THE PENNSYLVANIA RIGHT-TO-FARM LAW(3.P.S.§951-957)
The property you are buying may be located in an area where agricultural operations take place.Pennsylvania protects agricultural resources
for the production of food and agricultural products.The law limits circumstances where normal agricultural operations may be subject to
nuisance lawsuits or restrictive ordinances.
FARMLAND AND FOREST LAND ASSESSMENT ACT(CLEAN AND GREEN PROGRAM)(72 P.S.§5490.1 et seq.)
Properties enrolled in the Clean and Green Program receive preferential tax assessment.
Notices Required by Seller:A Seller of Property enrolled in the Clean and Green Program must submit notice of the sale and any proposed
changes in the use of Seller's remaining enrolled Property to the County Assessor 30 days before the trarlst`er.of title to Buyer.
Notices Required by Buyer:A Buyer of Property enrolled in the Clean and Green Progratri ijrust submit 6tibe of any proposed changes
Buyer intends to make in the use of the Property being purchased to the County Assessor gt,(east 30 daysrtor to:i`indertaking any changes.
Loss of Preferential Tax Assessment:The sale of the Property enrolled rn,the"tlear an�d'Gen�'rogcam mresult in the loss of program
enrollment and the loss of preferential tax assessment for the Property,and/d the land�b_which M(5rs a part and from.which it is being
separated.Removal from enrollment in the Clean and Green Program ni esult in the... -a'I ?of,i'S.back taxes and interest A roll-back tax
is the difference in the amount of taxes paid under the program�:}n the(ezt that wott!d hd eb' paid in the absence of Clean and Green
�» a
enrollment.The roll-back taxes are charged for each year.thh tjie)'r`d erty. a ; Iled'iir the program,limited to the past 7 years.
Buyer and Seller have been advised of the need to",ruiW6. a to t Riications that will or may result from the sale of the Property
to Buyer or that may,result in the fntnr es s;resulWn any�teli nge In Abe of the Property or the land from which it is being separated
by contacting the County Tax Assessme bfficiWore they a tution of Is Agreement of Sale.
a
OPEN•YPA CE ACT 32 P.S.§5001 et seq.
This Act enables counties tq.eh#ei irfbovenants rvrth owners of land designated as farm,forest,water supply,or open space land on an
adopted municipal,county or'regtonal'plaafior the purpose of preserving the land as open space.A covenant between the owner and county
is binding upon any Buyer of the 'roperiy during the period of time that the covenant is in effect(5 or 10 years), Covenants automatically
renew at the end of the covenant period unless specific termination notice procedures are followed.
Buyer acknowledges that the purchase of Property for which there is a covenant will not extinguish the covenant and that a change in the use
of the land to any other use other than that designated in the covenant will constitute a breach.When a breach of the covenant occurs,the
then-owner is required to pay roll-back taxes and interest.A roll-back tax is the difference in the amount of taxes paid and the taxes that
would have been paid in the absence of the covenant.The roll-back taxes are charged for each year that the Property was subject to the
covenant,limited to the past 5 years. !�
Buyer has been advised of the need to determine the restrictions that will apply from the sale of the Property to Buyer and the tax !
Implications that will or may result from a change In use of the Property,or any portion of it.Buyer is further advised to determine
the term of any covenant now In effect.
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Buyer Initials• 1 Revised 7/11
Seller Initials{ ;,,,
Produced with*Fom*by ApCogtx 18070 FlBeen We Road,Fraser,RMchlgan 48028 lm w.WpL aWzj om Zitsch
NOTICES REGARDING PROPERTY&ENVIRONMENTAL INSPECTIONS
(Paragraph 12:Inspections)
Exterior Insulation and Finish Systems(ElFS):Exterior Insulation and Finish Systems—sometimes referred to as synthetic stucco—are
mull-layered wall systems applied to the exterior of some homes.Poor or improper installation of EIPS may result in moisture penetrating
the surface of a structure where it may cause damage to the building's frame. Leakage most frequently occurs new doors and windows,
gutters,the roof connection and at the lowermost edge of the exterior surface.Vulnerability to leakage depends on structure design as well as
the expertise and application skills of the contractor.Damage caused by water intrusion may be both extensive and expensive to repair but
may go undetected in the absence of an adequate inspection. Buyers purchasing homes with EIFS construction may seek to engage an
inspector experienced in testing for EIFS-related problems who can determine the moisture content of the building's frame.
Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction.The physical properties that give asbestos its
resistance to heat and decay are linked with several adverse health effects. Asbestos can easily break into microscopic fibers that remain
suspended in the air for long periods of time.When inhaled,these fibers easily penetrate body tissue.Asbestos is known to cause Asbestosis
and various forms of cancer.Inquiries or requests for more information about asbestos can be directed to'tFie,U.S.Environmental Protection
Agency,Ariel Rios Building,1200 Pennsylvania Ave.,N.W.,Washington,D.C.20460,and/or the V06t of Health,Commonwealth of
Pennsylvania,Division of Environmental Health,Harrisburg,PA 17120.
Electromagnetic Fields:Electromagnetic Fields(EMFs)occur around all electrical: liances'and pg, rr in Conclusive evidence that
F.MFs pose health risks does not exist at present,and Pennsylvania has no latePWR gardin t 'sQrre.
+
Envi ronmental Hazards:The US.Environmental Protection envy hash list of hazardousau`bstances,the use and disposal of which are
restricted by law.Generally,if hazardous substances are found n a«gron`rty,it is%6-pros,,`g 6�,,,owner's responsibility to dispose of them
ti.,� ,xy, -;f�,.
properly.For more information and a list of hazardous�ub§�ea'ces,Cdpta" 8:U.S.,
1200 Protection Agency,Arie1 Rios Building,
.,., ..
1200 Pennsylvania Ave.,N.W.,Washington,D.C.20 �0�(262 260 2
Wetlands:Wetlands are protected by the. restate go'"'` is uyer may wish to hire an environmental engineer to investigate
whether the Property' located in a w
is ell ds area"�o��etemriridpermits for plans to build,improve or develop the property would be
affected or denied because of its l661tion, wetlan b
s d
Mold,Fungi and Indoors ►fR, %W'O&IFTTibl.`contamination and the inhalation of bioaerosols(bacteria,mold spores,pollen and
viruses)have been associa `W�41l)eigic responses including upper respiratory congestion,cough,mucous membrane irritation,fever,
chills, muscle ache or other nsrelit animation or allergy. Claims have been asserted that exposure to mold contamination and
bioaerosols has led to serious i*ction,immunosuppression and illnesses of neuro or systemic toxicity.Sampling of indoor air quality and
other methods exist to determiri the presence and scope of indoor contamination.Because individuals may be affected differently,or not
affected at all,by the presence of mold or other bioaerosols,Buyer may wish to engage the services of a qualified professional to undertake
an assessment and/or sampling of the Property.Assessments and samplings for the presence of mold and bioaerosols can be performed by
qualified industrial hygienists,engineers,laboratories and home inspection companies that offer these services.Information about indoor air
quality issues is available through the U.S. Environmental Protection Agency and may be obtained by contacting 1AQ INFO,P.O.Box
37133,Washington,D.C.20013-7133,1-800-438-4318,
Radon:Radon is a natural,radioactive gas that is produced in the ground by the normal decay of uranium and radium.Studies indicate that
extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air-space and can
permeate a structure.If a house has a radon problem,it usually can be cured by increased ventilation and/or by preventing radon entry.Any
person who tests, mitigates or safeguards a building for radon in Pennsylvania must be certified by the Department of Environmental
Protection. Information about radon and about certified testing or mitigation firers is available through Department of Environmental
Protection,Bureau of Radiation Protection,13th FIoor,Rachel Carson State Office Building,P.O.Box 8469,Harrisburg,PA 17105-8469,
(800)23RADON or(717)783-3594.www.epa.gov
NOTICES REGARDING RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION ACT
(Paragraph 12:Inspections)
Lead-Based Paint Hazards Disclosure Requirements (for properties built before 1978):The Residential Lead-Based Paint Hazard '
Reduction Act requires any Seller of property built before 1978 to provide the Buyer with an EPA-approved lead hazards information
pamphlet titled Protect Your Family from Lead in Your Home and to disclose to the Buyer and the broker(s)the known presence of
lead-based paint and/or lead-based paint hazards in or on the property being sold,along with the basis used for determining that the hazards
exist,the location of the hazards,and the condition of painted surfaces.Any Seller of a pre-1978 structure must also provide the Buyer with
any records or reports available to the Seller regarding lead-based paint and/or lead based paint hazards in or about the property being sold,
the common areas,or other residential dwellings in multi-family housing.Before a Buyer is obligated to purchase any housing constructed
prior to 1978,the Act requires the Seller to give the Buyer 10 days(unless Buyer and Seller agree in writing to another time period)to
conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.The opportunity to conduct a
risk assessment or inspection may be waived by the Buye,in writing.Neither testing nor abatement is required of the Seller.Housing built
in 1978 or later is not subject to the Act. P
Buyer Initials:C nate.
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LEAD WARNING STATEMENT (FOR PROPERTIES BUILT BEFORE 1978)Every purchaser of any interest in residential real
property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from Iead-based
paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent
neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead
poisoning also poses a particular risk to pregnant women,The Seller of any interest in residential real property is required to provide the
Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer
of any known lead-based paint hazards.A risk assessment or inspection for possible lead-based paint hazards is recommended prior to
purchase.
NOTICE REGARDING THE HOME INSPECTION LAW(68 Pa.C.S.A.§7501,et seq.)
(Paragraph 12:Inspections)
Applicability:The Home Inspection Law applies to"residental real estate transfers,"defined as a sale,exchange,installment sales contract,
lease with an option to buy,grant or other transfer of an interest in real property where NOT LESS THA, ONE AND NOT MORE THAN
FOUR RESIDENTIAL DWELLING UNITS are involved.(See Notice Regarding The Real Estat Sell 'Disclosure Law(exceptions 1-8)
for a list ofexceptions to this general rule) e
The following definitions are taken from the text of the Horne Inspection Law . a
Home Inspection: A non-invasive visual examination of some combinafion4'of.bt"he antcal elec�ca or plumbing systems or the
structural and essential components of a residential dwelling designed WjOntify nzaterisl de sin thaw systems and components,and
performed for a fee in connection with or preparation for a propoke�or�'�o� siible res de Ua estate transfer.The term also includes any
consultation regarding the property that is represented to be.g°horn ns uec razor that us,.escnbed by any confusingly similar term. The tears
:i
does not include an examination of a single system oaipohent oare g such as,for example,its electrical or plumbing
system or its roof. The term also does not include aq+ e9=ption to ns If'nutefl to inspection for,or of, one or more of the following:
wood-destroying insects,underground tanks aril ffld ls�septttc" �;gems,s�g pools and spas,alarm systems,air and water quality,tennis
courts and playground ur en llu a �% i eitricals d vironmertal hazards.The scope of a home inspection,the services to be
P y� eq Pm tr po Im
performed and the systems and onditia s::o be inns"&cd orvee uded from inspection may be defined by a contract between the home
inspector and the client.
Home Inspection Report: A:v6nnt"fen " o di`the_resin s of a borne inspection.
•home inspection report shall filiklude
(1) A description of the lcope of the inspection,including without limitation an identification of the structural elements,systems and
subsystems covered by'ilie report.
(2) A description of any material defects noted during the inspection,along with any recommendation that certain experts be retained
to determine the extent of the defects and any corrective action that should be taken. A "material defect" that poses an
unreasonable risk to people on the property shall be conspicuously identified as such.
•home inspector shall not express either orally or in writing an estimate of the coat to repair any defect fnumd during a home inspection,
except that such an estimate may be included in a home inspection report if.
(1) the report identifies the source of the estimate;
(2) the estimate is stated as a range of costs;and
(3) the report states that the parties should consider obtaining an estimate from a contractor who performs the type of repair involved.
Seller shall have the right,upon request,to receive without charge a copy of any inspection report from the party for whom it was prepared
Home Inspector:An individual who perfbrms a home inspection.
National home Inspectors association: Any national association of home inspectors that:
(1) Is operated on a not-for-profit basis and is not operated as a franchise.
(2) Has members in more than ten states.
(3) Requires that a person may not became a full member unless the person has performed or participated in more than 100 home
inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a
home inspection.
(4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing
condition of membership.
A Buyer shall be entitled to rely in good faith,without independent investigation,on a written representation by a home inspector that the
home inspector is a full member in good standing of a national home inspection association.
Material defect:A problem with a residential real property or any portion of it that would have a significant adverse impact on the value of
the property or that involves an unreasonable risk to people on the property.The fact that a structural element,system or subsystem Is near,at
or beyond the end of the normal useful life of such a structural element,system or subsystem is not by itself a material defect.
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Buyer 1nitlals:Q 1 17 evlsed 7/11 Seller Initials:
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NOTICES REGARDING CONDOMINIUMS AND PLANNED COMMUNITIES
(Paragraph 15:Condominium/Planned Community(Homeowner Association)Resale Notice)
Definition of a Condominium
The Uniform Condominium Act defines a"condominium"as real estate,portions of which are designated for separate ownership and the remainder of which
is designated for common ownership solely by the owners of those portions.Real estate is not a condominium unless the undivided interests in the common
elements are vested in the unit owners.
Definition of a Planned Community
The uniform Planned Community Act defines a"planned community"as real estate with respect to which a person,by virtue of ownership of an interest in
any portion of the real estate,is or may became obligated by covenant,casement or agreement imposed on the owner's interest to pay any amount for real
property taxes,insurance,maintenance,repair,improvement,management,administration or regulation of any part of the real estate other than the portion or
interest owned solely by the person.The term excludes a cooperative and a condominium,but a cooperative or condominium may be part of a planned
community.For the purposes of this definition,"ownership"includes holding a leasehold interest of more than 20 years,including renewal options,in real
estate.The term includes non-residential campground communities.
Exemptions from the Uniform Planned Community Act and the Uniform Coudd �ium Act:
When a Certificate of Resale Is Not Re uired `
The owner of a property located within a planned community is not required to furnish t e TBirper v nthaerhicate of resale under the following
circumstance: '
(1) The Planned Community contains no more than 12 units,provided there is n poss rlt ailing red Vista la}r subdividing units to increase the
size of the Planned Community.
(2) The Planned Community/Condominium is one in which all of the ts'sare restricted eXClusiVb�gyita non-residential use,unless the declaration
provides that the resale provisions are nevertheless to be followed
(3) The Planned Community/Condominium or units are Inca, iq�"5 d';he Gommonw .th o� txrnsylvania.
(4) The transfer of the unit is a gratuitous transfer.
(5) The transfer of the unit is required by court order.
(6) The transfer of the unit is by the governmen. .Al ovctmri ti agenj±
(7) The transfer of the unit is the result c � t0 Q' lieu"b• oreelosEire.
o�ces, a arding He ON g Statements and Right to Rescission
If Seller is a Declarant of the coed miniut pl bd c ty,Seller is required to furnish Buyer with a copy of the Public Offering Statement and its
amendments. For condaminiums"" t;ctel v o';
" ery'.bf the Pr{ibiie Ol Bring Statement must be made ne later than the date the Buyer executes this Agreement.
Buyer may cannel this Agreement imnn S c�a s a t r.irL eiving the Public Offering Statement and any amendments that materially and adversely affect
B I1 r
Buyer.For planned communities the ,' lsiarct ` st provide the Buyer with a copy of the Public Offering Statement and its amendments no later than the
date the Buyer executes this Agreemenf,4Buyer�ay cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments
that materially and adversely affect BuyerY t
NOTICES REGARDING RECREATIONAL CABINS(Paragraph 16:Title,Surveys&Costs)
The following definitions and requirements are taken from the Pennsylvania Constructions Code Act(35 P.S.§721OA01 et seq
A Recreational Cabin Is a structure which is:
(1) Utilized principally for recreational activity;
(2) Not utilized as a domicile or residence for any individual for any time period;
(3) Not utilized for commercial purposes;
(4) Not greater than two stories in height,excluding basement;
(5) Not utilized by the owner or any other person as a place of employment;
(6) Not a mailing address for bills and correspondence;and
(7) Not listed as an individual's place of residence on a tax return,driver's license,car registration or voter registration.
A recreational cabin may be exempt from the provisions of the Pennsylvania Construction Code Act If: '
(1) The cabin is equipped with at least one smoke detector,one fire extinguisher and one carbon monoxide detector in both the kitchen and sleeping
quarters;and
(2) The owner of the cabin files with the municipality either.
(a) An affidavit on a form prescribed by the Pennsylvania Department of Labor and Industry attesting to the fact that the cabin meets the
definition of a"recreational cabin"in Section 103 of the Act;or
(b) A valid proof of insurance for the recreational cabin,written and issued by an insurer authorized to do business in this Commonwealth,
stating that the structure meets the definition of a"recreational cabin"'as defined in Section 103 of the Act.
If a recreational cabin is subject to exclusion from the Pennsylvania Construction Code Act,upon transfer of ownership of the recreational cabin,
written notice must be provided In the sales agreement and the deed that the recreational cabin:
(1) Is exempt from this Act;
(2) May not be in conformance with the uniform construction code;and
(3) Is not subject to municipal regulation.
Failure to comply with this notice requirement shall reader the sale void at the option of the purchaser.
A
4 a
Buyer Initials: / ,,r Hack of Page 6 Seiler Initials
Revised 7111
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NOTICES REGARDING PRIVATE TRANSFER FEES(Paragraph 16:Title,Surveys&Costs)
In Pennsylvania,Private Transfer Fees are defined and regulated in the Private Transfer Fee Obligation Act(Act I of 2011;68 Pa.C.S.§§8101,et.seq.),
which defines a Private Transfer Fee as"a fee that is payable upon the transfer of an interest in real property,or payable for the right to make or accept
the transfer, if the obligation to pay the fee or charge runs with title to the property or otherwise binds subsequent owners of property;regardless of
whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property,the purchase price or other consideration given
for the transfer."A Private Transfer Fee must be properly recorded to be binding,and sellers must disclose the existence of the fees to prospective
buyers.Where a Private Transfer Fee is not properly recorded or disclosed,the Act gives certain rights and protections to buyers.
NOTICES REGARDING MEDIATION(Paragraph 24:Mediation)
HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties:The Rules and Procedures of the Dispute.Resolution System(DRS)apply when the parties have agreed in writing to mediate
under DRS.The written agreement can be achieved by a standard clause in an agreement of sale,an addendum to an agreement of sale,or through a
separate written agreement.
2. Initiation of Mediation:if a dispute exists,any party may start the mediation process by submitting a completed Request to Initiate Mediation DRS
Transmittal Form(Transmittal Form)to the local Association of REALTORSO(hereafter"Administrator"),The Transmittal Form should be available
through the Administrator's office.The initiating party should try to include the following information when sending the completed Transmittal Form to
the Administrator:
a. A co of the written a nt to mediate if there is on OR a request b the initiati F '€o,3iae the Administrator contact the other
lrY e � � Y �i?�Y
parties to the dispute to invite them to join the mediation process.
b. The names,addresses and telephone numbers of the parties involved in the disputo.nbludmg f7ie rtaxne-o a cry insurance company known to
have received notice of the dispute or claim and the corresponding file or claim n
c. A brief statement of the facts of the dispute and the damages or relief sought , ' z
to A
3. Selection of Mediator:Within five days of receiving the completed Transom Form,the AtInds d 1wn11 send each party to the dispute a copy of
A" P rs -
the Transmittal Form and a list of qualified mediators and their fee scheute *Bach party tneasten days to review the list of mediators,cross off the
name of any mediator to whom the party objects,and retAn ,' o b:A i for e Adinistrator will appoint the first available mediator who
is acceptable to all parties involved. d =,A mediator who has any financial or personal interest in e or A; lx���i�e mediation cannot serve as mediator to that dispute,unless all
parties are informed and give their written eonspit", `V
4. Mediation Fees:Mediation fees will be divi ed�;equailyng the 'es and will be paid before the mediation conference.The parties will follow the
payment terms contained in the mediat& s fegi hedule, r
S. Time and Place of Mediatiou, rnrfcr V4f to ten dayof being appointed to the dispute,the mediator will contact the parties and set the date,time
and place of the mediation coneaenu?eThtsre�akot-mus��st�grve at least twenty days advance notice to all parties.The mediation conference should not
be more than sixty days from the yiiiti[o snap oi%titment€a the dispute
6. Conduct ofMediation Conference. he g' es attending the mediation conference will be expected to:
a. Have the authority to enter47irifo and sign a binding settlement to the dispute.
b. Produce all information required for the mediator to understand the issues of the dispute.The information may include relevant written
materials,descriptions of witnesses and the content of their testimony.The mediator can require the parties to deliver written materials and
information before the date of the mediation conference.
The mediator presiding over the conference:
a. Will impartially conduct an orderly settlement negotiation.
b. Will help the parties define the matters in dispute and reach a mutually agreeable solution.
c. Will have no authority to render an opinion,to bind the parties to his or her decision,or to force the parties to reach a settlement,
Formal rules of evidence will not apply to the mediation conference. i
7. Representation by Counsel:Any party who intends to be accompanied to the mediation conference by legal counsel will notify the mediator and the
other parties of the intent at least ten days before the conference.
8. Confidentiality:No aspect of the mediation can be relied upon or introduced as evidence in any arbitration,judicial or other proceeding.This includes,
but is not limited to,any opinions or suggestions made by any party regarding a possible settlement;any admissions made during the course of the
mediation;any proposals or opinions expressed by the mediator;and any responses given by any party to opinions,suggestions,or proposals.
No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings ofthe mediation will not be allowed without the prior,written consent of all parties and the mediator.
Records,reports,and other documents received or prepared by the mediator or Administrator cannot be compelled by an arbitration,judicial,or other
proceeding,with the exception of an agreement that was reached in the course of mediation and signed by all the parties,
Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or representations made either in
the course of the mediation or in any confidential communication.
9. Mediated Settlement:When a dispute is resolved through mediation,the mediator will put the complete agreement in writing and all parties will sign
the written agreement within ten days of the conclusion of the mediation conference.Every reasonable effort will be made to sign the written agreement
at the end of the conference.
10.Judicial Proceedings and Immunity: NEmmit THE ADMaRSTRATOR, THE MEDIATOR THE NATIONAL ASSOCIATION OF REALTORS%THE
PENNSYrvAMA AssocrATtoNoF REALTORS®, NOR ANY OF ITs MEMBER BOARDS, WILL BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY
JUDICIAL PROCEEDINGS RELKIING TO MEDIATION UNDER THESE RULES ARID PROCEDURES.NOR WILL ANY OF THEM SERVING UNDER THESE PROCEDURES OR
LIABLE To ANY PARTY FOR ANY ACT,ERROR OR OMISSION IN CONNECTION WITH ANY SERVICE OR THE OPERATION OF THE HOME SmLewHom BUYERS
DISPUTERESOLUrI TEM. I
Buyer Initials: 1 Back of Page 7 Seller Tnittais .�_ t
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2
NOTICES REGARDING THE REAL ESTATE SELLER DISCLOSURE LAW
(Page 11:Signature Page)
The heal Estate Seller Disclosure Law requires that before an agreement of sale is signed,the Seiler in a residential real estate transfer must make certain
disclosures regarding the property to potential Buyers in a form defined by the law. A residential real estate transfer is defined as a sale, cxchaage,
installment sales contract,lease with an option to bay,grant or other transfer of an interest in real property where NOT LESS THAN ONE AND NOT
MORE THAN FOUR RESIDENTIAL DWELLING UNITS are involved.
The Law defines a number of exceptions where the disclosures do not have to be made.
1. Transfers that are the result of a court order.
2. Transfers to a mortgage lender that result from a Buyer's default and subsequent foreclosure sales that result from default.
3. Transfers from a co-owner to one or more other co-owners.
4. Transfers made to a spouse or direct descendant.
5. Transfers between spouses that result from divorce,legal separation or property settlement.
6. Transfers by a corporation,partnership or other association to its shareholders,partners or other equity owners as part of a plan of liquidation.
7. Transfer of a property to be demolished or converted to non-residential use
8. Transfer of unimproved real property.
9. Transfers by a fiduciary during the administration of a decedent estate,guardianship,consetvatorsh 'usL
14. Transfers of new construction that has never been occupied when.
a. The Buyer received a one- warranty covering the construction; felt..'j-1.none Y Yom' ty g � �; .,b. The building has been inspected for compliance with the applicable bAdinI c ,.11', fi0 ly recognized model building code,
and4P' fir '
c. A certificate of occupancy of a certificate of code ccrmpti ce h een issued fort etd ''g.
..
In addition to these exceptions,disclosures for condominiums andx f tr limitedic Soli s particular units}.Disclosures regarding common
required, y r .h C p
areas or facilities are not ui as those elements are ahead,adsbd rrr:tli 3a s' the resale of condominium and cooperative interests.
u
01�c ON-
,
BuyerLrlttals:O-2-/ Backof Page 8 SellerInitina- l
Revised 7/11
Produced with SpFormO by ApLogk 18070 Fifteen Mie Road,Fraser.MBchigan 48028 yAyw tUd dx.c im Zitsch
Connie L. Zitsch In the Court of Common Pleas
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.: 13-3749 Civil
Caroline H. DeMartyn, an individual, Civil Action— Law
Mike Biechler, an individual, and :
Inspection Center by Mike Biechler, a
Pennsylvania business corporation
Defendants
Caroline H. DeMartyn - DEFENDANT'S EXHIBIT B
"Addendum"
FEB-15-2008(FRI) 10:06 Mar9ee P. 002/002
ADDENDUM&ND011SEMENT TO AGREEMENT OF SALF. ASA
1 PROPERTY 5415 Laurie Lane MECH PA 17050
2
3 SELLER Caroline H DeMartyn _
4 BUYER Connie L Zitsch
5 DATE,OF AGREEMENT -September 5,
8
7 Seller shall contribute up to a total sum of$5000.00 ("credit")towards Buyer's costs which may include, but shall not be
8
10 limited to,closing costs, lender fees, broker's commissions,title insurance, transfer taxes, prepaids, interests, inspections
11 and/or repairs of any nature. Seller shall not pay on behalf of Buyer any additional fees,costs and/or expenses
12 associated with this transaction beyond said credit. This credit shall be reflected on the HUD settlement statement at the
13 time of closing.
14
15 THIS TRANSACTION IS AN "AS 1S,WHERE IS"TRANSACTION.
16
17
18
19
20
21
22
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24
25
28
27
28.
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32
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37 All other tenns and conditions of the Agreement of Sale remain unchanged and in full force and effect:
38
39 WITNESS BUYER UA1'L
40 Connie L Zitsch
41
42 WITNESS BUYER DATE,
43
44
45 WITNESS BUYER DATE
46
47 (/f ( ry �
48 WITNESS SELLER / 5 Z c `''/ ( Y�Lrx�1�13 � TF
49 Caroline H DeMartyn
5o
51 WITNESS SELLER DATE _
52
53
54 W1'fNVSS SELLER DATE #
55
® Pennsylvania Association of C01'Y1t1GHTPENNSYLVANIAASSOCIAnOty t)FREAUN)RSOIWI
REALTORSO brin
Straub&Associates R.eai I'stute Group 157 S 32nd St. Came I1W PA 1701 I
Phone:7176129653 FtL[; 7176129654 Straub ittid A-mr,ciarm htufhnfftj.�fx
Pr00uo6d with LIPPOrth'r by RE FonsNet,LLC 18021;Fifteen Mlle Road.Onton Township,Michigan 48035 www.11ofoml.com
8
s
Connie LZitsch : |n the Court of Common Pleas
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
� .
V. � NO.: l3-3749Civil
Caroline H. DeKqartyl, anindividual, Civil Action —Law
yWikeBiech|er, an individual, and :
�
Inspection Center b» Mike Biech|er, g �
Pennsylvania business corporation �
Defendants �
CERTIFICATE OF SERVICE
[ James VV. Abraham, Esquire, attorney for Defendant Caroline H. DeMartyn, inthe
above captioned matter certify that I this day served a copy of the foregoing Answer and New
Matter upon the person(s) indicated below by depositing a copy of the same in the United
States Mail,first class, postage prepaid:
Connie L. Zitsch, Plaintiff
c/o Nicole LJaxitt Esquire
Dethlefs-Pykosh Law Gromp, UI
2132 Market Street
Camp Hill, pAl7O1l
Inspection Center byMike Biech|er0i Mike 8iech|er, Defendants
c/o Leroy Srnige|, Esquire
Darryl J. Liguori, Esquire
Srnige|, Anderson & Sacks, LLP
443lN Front St
H8G, PAl7l1O
Date: C45 13 �=------~~ --- -----
James VV. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hunnmme|stovvnPAI7Q36
(717) 566-9380
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
njavitt dplglaw,com Attorney for Plaintiff
Connie .L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY,"PENN LVYL-VANIA
V. No: 13-3749 Civil M -T, '
CAROLINE H. DEMARTYN, an Civil Action - Law r-= ° °�
individual MIKE BIECHLER an �'
individual, and INSPECTION CENTER r CY
BY MIKE BIECHLER, a Pennsylvania r% 5
business corporation -�
Defendants.
NOTICE TO PLEAD
To: Caroline H..DeMartyn
c/o Abraham Law Offices,LLC
45 East Main Street
Hummelstown,PA 17036
Ph.#: 717-566-9380
Attorney for Defendant
You are hereby notified to plead to the enclosed Plaintiff's Preliminary Objections to Defendant's
New Matter within twenty(20)days from the date of service hereof.
Respectfully Su miffed,
Date: d �d
Nico e L.Javitt, E uire
ID#309137
DETHLEFS-PYKOSH LAW GROUP,LLC
2132 Market Street
Camp Hill, PA 17011
Telephone: (717)975-9446
Facsimile: (717)975-2309
email: njavitt@dpiglaw.com
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
niavitt dplglaw,com Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 13-3749 Civil
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation
Defendants.
PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S NEW MATTER
AND NOW, comes the Plaintiff, Connie L. Zitsch, by and through her attorneys,
Dethlefs-Pykosh Law Group, LLC, by Nicole L. Javitt, Esquire, and files the within Plaintiff s
Preliminary Objections to Defendant's New Matter and in support thereof avers the following:
PLAINTIFF'S PRELIMINARY OBJECTION
LEGAL INSUFFICIENCY
Pa.R.C.P. 1028(a)(4)—DEMURRER
1. On or about June 28, 2013, Plaintiff filed a Complaint against Defendant alleging
breach of contract based on failure to disclose a material defect when Defendant sold real
property to Plaintiff.
2. On or about August 22, 2013, Defendant filed New Matter, claiming that
Plaintiff's Complaint is frivolous and has caused Defendant increased stress and health issues,
constituting negligent infliction of emotional distress. Defendant's New Matter¶ 81.
3. Under Pennsylvania law, to state a cause of action for negligent infliction of
emotional distress, one must demonstrate that she is a bystander to a family member's injury or
that Plaintiff owed her a pre-existing duty of care, either through contract or by a fiduciary duty.
Armstrong v. Paoli Memorial Hospital, 633 A.2d 605, 615 (Pa.Super.1993).
4. Defendant has failed to demonstrate that she was a reasonably foreseeable
bystander to a family member's injury or that Plaintiff owed her a pre-existing duty of care,
either through contract or as a fiduciary. To the contrary, Defendant owed the Plaintiff a duty of
care through contract under the Seller's Disclosure Statement.
5. With the exception of Stoddard v. Davidson, 513 A.2d 419 (Pa.Super,1986), in
which the Plaintiff's emotional distress was caused by police officers coercing him to hold a
cover over a corpse on the side of the rode for three hours, Pennsylvania has never recognized an
independent tort of negligent infliction of emotional distress. Armstrong v. Paoli Memorial
Hospital, 633 A.2d 605, 615 (Pa.Super.1993).
6. Furthermore, an action is frivolous only if the lawyer is unable to make a good
faith argument on the merits of the action taken. G.C. Murphy Co. v. M. Goldfarb-My Florist,
Inc., 11 Pa.D. & C. 4" 614, Allegheny County (1991).
7. Because there are still questions of fact to be answered in this case, and if all of
Plaintiff's averments in the Complaint are taken as true, Plaintiff has a valid cause of action and
Defendant's argument that the action is frivolous should be dismissed.
WHEREFORE, Plaintiff, Connie L. Zitsch,respectfully requests this Honorable Court
sustain Plaintiff's Preliminary Objections and dismiss Defendant's New Matter for legal
insufficiency.
Respectfully Submitted,
Date: d 761,3
Nico e L. Javitt, FIquire
ID #309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill,PA 17011
Telephone # 717-975-9446
Attorney for Plaintiff
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
niavitt dplglaw,corn Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation
Defendants.
CERTIFICATE OF SERVICE
I certify that a true and correct copy of Plaintiffs Preliminary Objections to Defendant's New
Matter was served this /d day of SE46-2013 by First Class United States mail on the
following:
Caroline H.DeMartyn
c/o Abraham Law Offices,LLC
45 East Main Street
Hummelstown, PA 17036
Inspection Center by Mike Biechler&Mike Biechler,
c/o Leroy Smigel,Esquire
Darryl J. Liguori,Esquire
Smigel,Anderson&Sacks,LLP
4431 N.Front Street
Harrisburg,PA 17110
Respectfully Submitted,
By:
Nico e L. Javitt, E quire
CAIAL
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full) C= wW
iv
Connie L. Zitsch -7.M M
CD
-< �ac;
Caroline H. Demartyn, Mike Biechler, and <C-
Inspection Center by Mike Biechler, Inc. C-7 `?
No. 13-3749 Civil
C40
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.): Defendant Mike Biechler's Preliminary Objections
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Nicole L. Javitt, Esquire, Dethlefs-Pykosh Law Group, LLC
(Name and Address)
2132 Market Street, Camp Hill, PA 17011
(b) for defendants:
LeRoy Smigel, Esquire or Darryl J. Liguori, Esquire, Smigel, Anderson&Sacks, LLP
(Name and Address)
4431 North Front Street, 3rd Floor, Harrisburg, PA 17110
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: November 8, 2013
Signature
Darryl J. Liguori, Esquire
Print your name
Inspection Center by Mike Biechler, Inc.
Date:
September 19, 2013 Attorney for
INSTRUCTIONS:
1.Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument.
2.The moving party shall file and serve their brief 14 days prior to argument.
3.The responding party shall file their brief 7 days prior to argument. $19.1.5 Pa
4. If argument is continued new briefs must be filed with the COURT3�a5c'
ADMINISTRATOR(not the Prothonotary) after the case is relisted. C
P: OM0638
CONNIE L. ZITSCH, IN THE COURT OF COMMON PLEAS
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION CENTER ; CIVIL ACTION—LAW
BY MIKE BIECHLER, INC., ;
Defendants.
CERTIFICATE OF SERVICE
1, Darryl J. Liguori, Esquire, certify that I this day served a copy of the foregoing
Praecipe for Listing Case for Argument upon the person(s) indicated below by depositing a copy
of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania,
and addressed as follows:
Nicole L. Javitt, Esquire James W. Abraham, Esquire
Dethlefs-Pykosh Law Group, LLC Abraham Law Offices, LLC
2132 Market Street 45 East Main Street
Camp Hill, PA 17011 Hummelstown, PA 17036
Attorney for Plaintiff Attorney for Defendant Caroline H. DeMartyn
SMIGEL,ANDERSON& SACKS,LLP
Date: � :September 19 2013 B CaJ � �9
p Y
LeRoy Smigel, Esquire—ID #09617
Darryl J. Liguori, Esquire ID#91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendants Mike Biechler
and Inspection Center by Mike Biechler
ABRAHAM LAW OFFICES, LLC
45 East Main Street, Hummelstown, PA 17036
717-566-9380/Fax 566-9385; abelaw @,comcast.net
Attorney for Defendant,Caroline H. DeMartyn
CONNIE L. ZITSCH : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 13 -3749 CIVIL
CAROLINE H. DEMARTYN, : CIVIL ACTION- LAW
r
MIKE BIECHLER and : z co o
INSPECTION CENTER BY •
MIKE BIECHLER • vi r- L
Defendants
cj
ANSWER OF DEFENDANT CAROLINE H. DEMARTYN TO v- cam= `'
PLAINTIFF'S PRELIMINARY OBJECTIONS
AND NOW, come Defendant, Caroline H. DeMartyn, by and through her
attorney, James W. Abraham,Esquire,Abraham Law Offices, LLC, Hummelstown,
Pennsylvania, and files the following:
ANSWER
1. Admitted in that the New Matter speaks for itself.
2. Admitted in that the New Matter speaks for itself.
3. through 5. Denied. Paragraphs 3 through 5 of the Preliminary Objections
(hereinafter"PO") constitute legal conclusions to which no response is required. To the
extent a response is required, a bystander to a family member's injury is not the only fact
pattern or factual circumstances for which there is a cause of action for negligent
infliction of emotional distress, which is recognized as a tort under Pennsylvania law..
6. & 7. Denied. Paragraphs 6 and 7 of Plaintiff's PO are denied in that said
paragraphs constitute a legal conclusion to which no response is required. To the extent a
response is required, Defendant submits that said claims for sanctions resulting from a
frivolous action should be determined after the Court hears the evidence and should not
be dismissed by preliminary objection, and should be heard by the Court,which dismissal
would be premature and prejudicial to Defendant.
WHEREFORE, Defendant, Caroline H DeMartyn, respectfully requests Your
Honorable Court to dismiss Plaintiff's preliminary objections; or alternatively, allow
Defendant to amend its New Matter and/or Counterclaim for negligent infliction of
emotional distress.
Respectfully sub)itted:
I"
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
717-566-9380
Attorney for Defendant,
Carolyn H. DeMartyn
DATE: 10/1/13
CERTIFICATE OF SERVICE
I, James W. Abraham, Esquire,the undersigned, hereby certify that I have served
a true and correct copy of the foregoing document by first class mail upon the following:
person at the following address:
Nicole L. Javitt, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill PA 17011
DATE: 10/1/13
James W. Abraham, Esquire
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for(the next ._.,
Argument Court.)
FT
-------------------------------------------------------------------------------------------------------
------- c� .
n �-a
CAPTION OF CASE Cn� ' c r
(entire caption must be stated in full) -<> C:)
-T..
Connie L. Zitsch 'C'� —
vs.
Caroline H. DeMartyn, Mike Biechler and InE
a No. 13-3749 Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Preliminary Objections to Defendant,Caroline H.DeMartyn's,New Matter
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Nicole L. Javitt, Esquire, Dethlefs-Pykosh Law Group, LLC
(Name and Address)
2132 Market Street, Camp Hill, PA 17011
(b) for defendants:
James W. Abraham, Esquire, Abraham Law Offices, LLC
(Name and Address)
45 East Main Street, Hummelstown, PA 17036
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
December 20,2013
Nicole L. Javitt, Esquire
Si
gnat
//// e-
Ge
Print r name
Connie L. Zitsch
Date:
October 29, 2013 Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument.
2.The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) after the case is relisted.
7_3
A • ,
CONNIE L. ZITSCH, 14! :q 3 C' :
Plaintiff ,
laintiff
7) IHSYLVAN1
i , II,. jt
/II v. Countp of ttumbrrlanb
CAROLINE H. DEMARTYN, MIKE IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
BIECHLER, and INSPECTION
CENTER BY MIKE BIECHLER, 13-3749 CIVIL ACTION
Defendants
IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT CAROLINE H.
DEMARTYN'S NEW MATTER AND COUNTERCLAIM
BEFORE HESS, P.J., EBERT, J. and PLACEY, J.
ORDER OF COURT
AND NOW, this 13th day of January 2014, upon consideration of Plaintiff's
Preliminary Objections to Defendant Caroline H. DeMartyn's New Matter and
Counterclaim, Plaintiff's Brief in support thereof, and Defendant Caroline H. DeMartyn's
Response Brief, and following argument held on 20 December 2013, Plaintiff's
preliminary objections are SUSTAINED.
Defendant's counterclaim for negligent infliction of emotional distress is hereby
DISMISSED for failure to state a claim for which relief may be granted; there was no
special contractual or fiduciary relationship in which Plaintiff had an implied duty to care
for Defendant's emotional well-being. See Tony v. Chester Co. Hosp., 36 A.3d 83, 84-
86 (Pa. 2011). Further, Defendant DeMartyn's claim for sanctions for filing an allegedly
frivolous suit is DISMISSED without prejudice; the Court recognizes that sanctions
could be imposed sua sponte if it is later determined that the suit is so frivolous as to
warrant sanctions.
BY THE COURT,
Thomas A. Placey, C.P.J.
Distribution
../ James W. Abraham, Esq.
u Nicole L. Javitt, Esq.
•
rI,es tYba L L£G�
0/03//y
2
•
CONNIE L. ZITSCH, �� ,.ui ray
Plaintiff 'ill'4 jilt.°! 13 Pi , i��I ui►, ni
zp
E 6 i( r1f Fxr' C,1 .r Y'�
v. `�t-� t sYL�;'a NIA IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
CAROLINE H. DEMARTYN, MIKE
BIECHLER, AND INSPECTION
CENTER BY MIKE BIECHLER
Defendants 2013-03749 CIVIL ACTION
IN RE: PRELIMINARY OBJECTIONS PLAINTIFF'S COMPLAINT
BEFORE, HESS, P.J., MASLAND AND PLACEY, JJ
ORDER OF COURT
AND NOW, this 13th day of January 2014, upon review of the Preliminary
Objections filed by Defendants Mike Biechler, an individual, and Inspection Center by
Mike Biechler, a Pennsylvania business corporation, review of the pleadings and
consideration of the briefs and arguments made thereupon, the preliminary objections
are GRANTED in part and DENIED in part.
The objection to the legal sufficiency as to Count 4 (Zitsch v. Inspection Center
by Mike Biechler, Inc.) is DENIED.
The objection to the legal sufficiency and/or failure of pleading to conform to law
as to Count 5 (Zitsch v. Mike Biechler), which is against the individual defendant is
GRANTED. This objection being raised by Defendant but not briefed by Plaintiff is
deemed accepted. See generally, C.C.R.P. Rule 1028(c)(6). Defendant Mike Biechler,
an individual, is hereby DISMISSED from this suit.
Thomas A. Placey, C.P.J.
1 r
Distribution:
icole L. Javitt, Esq.
Attorney for Plaintiff
../LeRoy Smigel, Esq.
Attorney for Defendants (Inspection Center and Mike Biechier)
Cor iS /1/2-W 1_9' f-L
///3`/V
• Connie L. Zitsch, : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSY,LVALN,IA?.---,
-T I
v. •
No: 13-3749 CIVIL rn-0-3 -
rn
1.7-1
rC-D
CAROLINE H. DEMARTYN, an • ?1
Civil Action — Law _,(), c-)
individual, MIKE BIECHLER, an •
individual, and and INSPECTION CENTER : JURY TRIAL DEMANDED 1:1`cD'
BY MIKE BIECHLER, a Pennsylvania :
37'
business corporation,
Defendants. •
MOTION OF PLAINTIFF FOR LEAVE TO AMEND COMPLAINT
AND NOW, comes the Plaintiff, Connie Zitsch, by and through her attorneys, the
Dethlefs-Pykosh Law Group, LLC, by Nicole L. Javitt, Esquire, who respectfully
motions this Honorable Court pursuant to Pa. R.C.P. 1033 and consistent with Pa.
R.C.P. 208.1, 208.2 and 208.3(b), for leave to amend her Complaint, and in support
thereof avers as follows:
1. This matter was commenced by Plaintiff, Connie Zitsch, on or about June 28,
2013, with the filing of a Complaint against Defendants, Carolyn H. DeMartyn,
Mike Beichler and Investment Center by Mike Beichler for breach of contract,
fraud, negligence and violation of the Pennsylvania Real Estate Seller Disclosure
Law, in the sale and inspection of real property located at 5415 Laurie Lane,
Enola, Pennsylvania 17025.
2. On or about July 25, 2013, Defendant, Mike Beichler and Inspection Center by
Mike Beichler filed Preliminary Objections to Plaintiff's Complaint.
3. On or about August 22, 2013 Defendant, Caroline H. DeMartyn filed an Answer
and New Matter to Plaintiff's Complaint.
4. On or about September 10, 2013, Plaintiff filed Preliminary Objections against
Defendant, Caroline H. DeMartyn's New Matter.
5. On or about November 8, 2013, at the hearing for Defendants Mike Beichler and
Inspection Center by Mike Beichler's preliminary objections, Plaintiff agreed to
dismiss the case against Mike Beichler, individually.
6. On or about January 13, 2014, Mike Beichler and Inspection Center by Mike
Beichler's Preliminary Objections to Plaintiff's Complaint were Granted in part
and Denied in part. They were granted as to Mike Beichler, individually, who was
dismissed from the suit, and were denied for Defendant, Inspection Center by
Mike Beichler.
7. Defendant, Inspection Center by Mike Beichler, has yet to file an Answer to
Plaintiffs Complaint.
8. It has been more than 20 days since the Order was entered for Defendant,
Inspection Center by Mike Beichler's, Preliminary Objections to Plaintiff's
Complaint.
9. On or about January 13, 2014, Plaintiff's Preliminary Objections against
Defendant, Caroline H. DeMartyn's New Matter were sustained and Defendant's
counterclaim was dismissed.
10.Plaintiff now seeks leave of this Honorable Court to file the attached, proposed,
Complaint.
11.Pursuant to Pa. R.C.P. 1033 an amendment is permitted even though it creates a
new cause of action and/or avers transactions or occurrences which have
happened before or after the filing of the original pleading
12.Plaintiff, Connie Zitsch, wishes to amend her Complaint to include a new request
for damages.
13.The proposed Complaint will not unduly prejudice or surprise the Plaintiff.
14.The proposed amendment states, with particularity, the factual and legal basis for
all of Plaintiff's claims against Defendant.
15.Since the filing of the Complaint, Plaintiff has had new estimates to repair the
damage in the home, which are significantly higher than what she originally
believed the damage would cost.
16.Plaintiff's proposed Complaint includes revised ad damnum clauses to better
reflect exactly what relief Plaintiff is requesting and believes she is entitled to.
17.Permitting Plaintiff's proposed amending of this Complaint would not violate any
applicable statutes of limitations.
WHEREFORE, Plaintiff, Connie Zitsch, respectfully motions this Honorable Court
for leave to file her attached proposed Complaint.
Respectfully Submitted,
A
Date: 1../IZA7 By: Ar_ ,
Nicole L. Javitt, Esquire
I.D. #309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
NIJaviftdpiglaw.com
Connie L. Zitsch, : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an •
Civil Action — Law
individual, MIKE BIECHLER, an •
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania : JURY TRIAL DEMANDED
business corporation,
Defendants. •
CERTIFICATE OF SERVICE
I hereby certify that, on the date indicated below, a copy of the foregoing, Motion
for Leave to File an Amended Complaint, was hereby served by depositing the same
within the custody of the United States Postal Service, First Class, postage prepaid,
addressed as follows:
Darryl J. Liguori, Esquire
Smigel, Anderson & Sacks, L.L.P.
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
Respectfully Submitted,
Date: 60r)0/(7 By:
Nico L.de ad--
Javitt, squ' e t
I.D. # 309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
NJavittAdplqlaw.com
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717) 975-2309
njavitt@dplglaw,com Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an : Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania : JURY TRIAL DEMANDED
business corporation
Defendants.
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take this action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by an 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 of for any other claim or relief requested by 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 OR CANNOT AFFORD ONE, THEN YOU SHOULD
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
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 FOR A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle,Pennsylvania
Telephone No. 249-3166
Nicole L.Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
njavittadpIplaw,com Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, INC. a JURY TRIAL DEMANDED
Pennsylvania business corporation,
Defendants.
AMENDED COMPLAINT
AND NOW comes the Plaintiff, Connie L. Zitsch, by and through her attorneys,
Dethlefs-Pykosh Law Group, LLC, by Nicole L. Javitt, Esquire, and files the within Amended
Complaint and in support therof avers as follows:
1. Plaintiff is Connie L. Zitsch (the "Plaintiff"), an individual whose address is 5415
Laurie Lane, Enola, PA 17025 (hereinafter referred to as the "Property").
2. Defendant, Caroline H. DeMartyn, (the "Seller") is an individual whose address is
49 Ashburg Drive, Suite 55, Mechanicsburg, PA 17050.
3. Defendant, Inspection Center by Mike Biechler, inc., is a Pennsylvania business
corporation with a business address located at 2466 Roundtop Road, Middletown, PA 17057.
COUNT I
Connie L. Zitsch v. Caroline H. DeMartyn
BREACH OF CONTRACT FOR SALE OF REAL PROPERTY— FAILURE TO
DISCLOSE A MATERIAL DEFECT
4. Plaintiff incorporates by reference paragraphs 1 through 3 as if set forth herein at
length.
5. On or about September 11, 2012, Plaintiff and Seller entered into a written
agreement in which Plaintiff agreed to purchase and Seller agreed to sell real property located at
5415 Laurie Lane, Enola, PA 17025. A true and correct copy of the written sales agreement (the
"Agreement") is attached hereto as Exhibit "A" and incorporated herein by reference.
6. Prior to Plaintiff's execution of this agreement, Seller presented Plaintiff with a
Seller's Property Disclosure Statement dated September 5, 2012 which was prepared and signed
by Seller. A true and correct copy of the Seller's Property Disclosure Statement is attached
hereto as Exhibit"B" and incorporated herein by reference.
7. Plaintiff relied on the Seller's representations set forth in the Disclosure Statement
in entering into the Agreement.
8. Plaintiff performed all conditions, covenants and promises on Plaintiff's part to be
performed in accordance with the terms and conditions of this Agreement.
9. Plaintiff closed escrow and took possession of the Property on October 15, 2012.
10. Approximately two weeks after Plaintiff took possession of the Property she
noticed a makeshift wall in the basement which she immediately had removed to find that it was
covering large cracks in the foundation. See photo attached hereto as Exhibit "C" and
incorporated herein by reference.
IL Seller owed a duty to Plaintiff to inform Plaintiff of the history of the cracks in the
basement walls and the water leakage which resulted therefrom.
12. Plaintiff is informed and believes, and alleges on that basis, that Seller breached
the Agreement by failing to disclose material and important information regarding the condition
of the real property that was within Seller's knowledge.
13. During the inspection of the Property, Seller's representatives stood in front of the
makeshift wall so that the cracks behind the wall would go unnoticed.
• 14. In the Seller's Disclosure Statement, Seller states that they are aware of dampness
in the basement of the Property and that they attempted to control the dampness problem with a
dehumidifier. Seller also states in the Disclosure Statement that they are not aware of any past or
present water leakage in the house, nor are they aware of any past or present movement, shifting,
deterioration, or other problems with walls, foundations, or other structural components.
15. Seller made no other references in the Seller's Disclosure Statement to the leaking
in the basement or to the cracked foundation.
16. Seller has owned and maintained the Property as her primary residence since
February 1966, as is referenced in the Seller's Disclosure Statement.
17. Plaintiff would not have entered into the Agreement had Plaintiff known the true
facts regarding the condition of the property.
18. As a result of Seller's breach of the Agreement by failure to disclose a material
defect, Plaintiff has been damaged as Plaintiff has been forced to incur the costs and expenses of
correcting the defects and problems on the real property. A true and correct copy of the Proposal
for repairs is attached hereto as Exhibit "D" and is incorporated herein by reference.
WHEREFORE. Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in an unliquidated amount in controversy, in an amount exceeding
$50,000.00, for the cost of repairs and reasonable attorney's fees as the Court sees fit.
COUNT 2
Connie L. Zitsch v. Caroline H. DeMartyn
FRAUD
19. Plaintiff incorporates by reference paragraphs 1 through 18 as if set forth herein at
length.
20. Defendant made specific representations to Plaintiff.
21. On line 36 of the Seller's Property Disclosure Statement, Seller specifically
represents that she was not aware of any water leakage, accumulation, or dampness within the
basement or crawl space of the subject property.
• 22. On line 49 of the Seller's Property Disclosure Statement, Seller specifically
represents that she was not aware of any past or present movement, shifting, deterioration, or
other problems with walls, foundations, or other structural components.
23. The condition of the Property and the existence or non-existence of cracks in the
foundation and excess water flowing towards the house is material.
24. Upon information and belief, Seller intentionally concealed the existence of the
cracks in the foundation by covering them with drywall, blocking them during the inspection and
failing to disclose the same to Plaintiff in the Seller's Disclosure Statement or directly to
Plaintiff.
25. Seller concealed the facts with the intent to mislead the Plaintiff.
26. Plaintiff justifiably relied on Seller's non-disclosure.
27. Seller's concealment of the defects were calculated to deceive Plaintiff and other
potential purchasers in an effort to achieve the highest possible price for the Property.
28. Seller's aforementioned conduct is outrageous.
29. To cure the cracks in the foundation and the water drainage problem the following
steps, in addition to others not listed here, must be taken to the detriment of the Plaintiff in the
amount of$62,200.00:
a. Demo brick work on the front block wall;
b. Excavate front and west end for drainage pipe;
c. Relay block and brick with new material to waterproof the
foundation wall;
d. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
e. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in an unliquidated amount in controversy, exceeding $50,000.00, which
represents the total cost to repair the subject premises, in addition to punitive damages for the
willful, wanton and/or malicious conduct of Defendant, plus costs, fees and any other relief that
this Honorable Court deems necessary and proper.
COUNT 3
Connie L. Zitsch v. Caroline H. DeMartyn
VIOLATION OF THE PENNSYLVANIA REAL ESTATE SELLER DISCLOSURE LAW
(68 Pa. C.S. 7301 et. seq.)
30. Plaintiff hereby incorporates paragraphs 1 through 29 as if fully set forth herein.
•
31. Pursuant to 68 Pa. C.S. § 7303 "[a]ny seller who intends to transfer any interest in
real property shall disclose to the buyer any material defects with the property known to the
seller by completing all applicable items in a property disclosure statement which satisfies the
requirements of section 7304 (relating to disclosure form). A signed and dated copy of the
property disclosure statement shall be delivered to the buyer in accordance with section 7305
(relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the
seller and buyer with respect to the property."
32. On September 5, 2012, Seller completed the Seller's Property Disclosure
Statement as contemplated by and further required by 68 Pa. C.S. § 7301 el seq.
33. Pursuant to 68 Pa. C.S. § 7307, "[i]f information disclosed in accordance with this
chapter is subsequently rendered inaccurate prior to final settlement as a result of any act,
occurrence or agreement subsequent to the delivery of the required disclosures, the seller shall
notify the buyer of the inaccuracy."
34. Specifically, Seller has lived on the Property since 1966 and hid the defects in the
block wall in the basement behind dry wall.
35. Seller failed to notify Plaintiff of the existence of the cracks in the foundation of
the basement and of water drainage issues with the subject property in violation of 68 Pa. C.S.
§ 7307.
36. Pursuant to 68 Pa. C.S. § 7308, Seller had an affirmative duty to not fail to
disclose a known material fact.
37. Specifically and upon information and belief, Plaintiff avers that Seller failed to
disclose the existence of the cracks in the foundation and the water drainage problems on the
subject property, when she knew of the same, in violation of 68 Pa. C.S. § 7308.
•
38. To cure the cracks in the foundation and the water drainage problem the following
steps, in addition to others not listed here, must he taken to the detriment of the Plaintiff in the
amount of$62,200.00:
f. Demo brick work on the front block wall;
g. Excavate front and west end for drainage pipe;
h. Relay block and brick with new material to waterproof the
foundation wall;
I. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
j. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in an unliquidated amount in controversy, exceeding $50,000.00, which
represents the total cost to repair the subject premises, in addition to punitive damages for the
willful, wanton and/or malicious conduct of Defendant, plus costs, fees and any other relief that
this Honorable Court deems necessary and proper.
COUNT 4
Connie L. Zitsch v. Inspection Center by Mike Biechler, Inc.
NEGLIGENCE THROUGH VICARIOUS LIABILITY—FAILURE TO PROPERLY
INSPECT
39. Plaintiff incorporates by reference paragraphs l through 38 as if set forth herein at
length.
40. At all times relevant hereto, Matt Mueling, an inspector, was employed by
Defendants, Mike Biechler and Inspection Center by Mike Biechler, Inc. Mike Mueling was
under the direct supervision, employ and control of the Defendant when the negligent inspection
occurred. Mueling performed the inspection for the Plaintiff while acting in the course and scope
of his employment with Defendant, Inspection Center. Therefore, Defendant, Inspection Center
by Mike Biechler, is liable for the defective inspection under the law of vicarious liability.
41. On or about August 31, 2012, Plaintiff entered into a contract with Defendant,
Inspection Center by Mike Biechler, Inc., to perform an inspection on the Property for a total of
$580.00. See the Inspection Agreement attached hereto as Exhibit "E" and incorporated herein
by reference.
42. On or about September 5, 2012, the inspector, Matt Mueling, entered the subject
Property and performed an inspection which was to include the following: Full Home Inspection,
Wood Infestation Inspection, Radon Test and a Water Test. See the Inspection Summary
attached hereto as Exhibit "F" and incorporated herein by reference.
43. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Basement of the Property.
44. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Structure of the Property.
45. The Inspection Summary from Defendant lists no problems on the Exterior of the
Property with respect to the grading of the front yard causing water damage.
46. Defendant made no other references in their Inspection Summary which would
disclose the true and defective condition of the Property.
47. The defects in the Property are material and significant so that a licensed
inspector performing a reasonable and diligent inspection of the Property should have discovered
them and disclosed them to the Plaintiff.
48. Plaintiff reasonably relied on the Inspector's representations set forth in the
Inspection Summary in entering into the Agreement and purchasing the Property.
49. Plaintiff would not have entered into the Agreement had Plaintiff known the true
condition of the Property.
50. As a result of Defendant's negligence by failing to properly inspect the Property,
Plaintiff has been damaged as Plaintiff has been forced to incur the costs and expenses of
correcting the defects and problems on the real property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in an unliquidated amount in controversy, in an amount exceeding
$50,000.00, for the cost of repairs and reasonable attorney's fees as the Court sees fit.
Respectfully Submitted,
DATED: 0 ,
Nico e L. Javitt, Es tire
Dethlefs-Pykosh Law Group, LLC
Attorney ID# 309137
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone —(717)975-9446
Attorney for Plaintiff
VERIFICATION
I, Connie Zitsch, hereby swear and affirm that I am the Plaintiff in the within action. and
the facts contained in the Amended Complaint in Civil Action 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. Section 4904 relating to unsworn falsification to authorities.
01
VA-4-U3 7L4-
Connie Zitsch
Connie L. Zitsch, : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an Civil Action — Law
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation,
Defendants.
CERTIFICATE OF SERVICE
I hereby certify that, on the date indicated below, a copy of the foregoing
Amended Complaint was hereby served by depositing the same within the custody of
the United States Postal Service, First Class, postage prepaid, addressed as follows:
Darryl J. Liguori, Esquire
Smigel, Anderson & Sacks, L.L.P.
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
Respectfully Submitted,
Date: itV,2By: ,170_6((/
Nicole L. Javitt, Esq ire
I.D. # 309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
E-Mail:NJavittAdplqlaw.com
CONNIE L. ZITSCH,
Plaintiff
v.
CAROLINE H. DEMARTYN, MIKE
BIECHLER, and INSPECTION
CENTER BY MIKE BIECHLER,
Defendants
Couutp of Cumberianb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
13-3749 CIVIL ACTION
IN RE: PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT
ORDER OF COURT
AND NOW, this 51.dayof July 2014, upon consideration of Plaintiff's
Motion for Leave to File an Amended Complaint, a RULE is issued upon Defendants to
show cause why the Plaintiff should not be permitted to file the Amended Complaint.
PLAINTIFF shall effectuate service of this Order of Court upon Defendants and
shall file proof of service.
RULE RETURNABLE twenty (20) days from the date of service.
Defendants SHALL include a proposed Order with any response.
Distfibution
ole L. Javitt, Esq.
r -yl J. Liguori, Esq.
ames W. Abraham, Esq.
BY
Thomas A. Placey, C.P.J.
-V 3
x�
(7)r
1.�
Nicole L. Javitt, Esquire
ID # 309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
njavitt(ftplglaw com
Connie L. Zitsch
v.
i!3E : $i0THC ci
20111 JUL -3 PH 2: 52
CUMBERLAND COUNT'
PENNSYLVANIA
Plaintiff,
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CAROLINE H. DEMARTYN, an •
individual, MIKE BIECHLER, an •
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation
Defendants.
No: 13-3749 CIVIL
Civil Action — Law
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Order of Court issued by the Honorable Judge
Placey, dated July 1, 2014, was served this 3rd day of July, 2014 by first class United States mail
on the following:
Darryl J. Liguori, Esquire
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
Attorney for Defendant, Mike Biechler and Inspection Center by Mike Biechler
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
Attorney for Defendant, Caroline H. DeMartyn
Respectfully submitted,
By:
Nicol . Javitt, squir
Nicole L. Javitt, Esquire
ID # 309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
niavitt(5 dplglaw,com
tC�+EiJie.�;
'' 4 JUL 15 PH
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff
Connie L. Zitsch
Plaintiff,
v.
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CAROLINE H. DEMARTYN, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation
Defendants.
No: 13-3749 CIVIL
Civil Action — Law
JURY TRIAL DEMANDED
JOINT PRAECIPE TO AMEND CAPTION
TO THE PROTHONOTARY:
Please kindly amend the caption to the record to read as above. The consents to the amendment
from both Defendants are attached herein.
Date: 7//q aoq
Nicole`L. Javitt, squir
DETHLEFS-PYKOSH'LAW GROUP, LLC
2132 Market Street
Camp Hill, PA 17011
Telephone: (717) 975-9446
Attorney for Plaintiff
Nicole L. Javitt, Esquire
ID # 309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
njavittdplglaw,com
Attorney for Plaintiff
Connie L. Zitsch : COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an
individual, MIKE BIECHLER, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation
Defendants.
Civil Action — Law
JURY TRIAL DEMANDED
I, Darryl J. Liguori, Esquire, consent to amending the caption in the above captioned case to
remove Mike Biechler, individually, as a party, due to the fact that all claims have been dropped
against him.
Darryl J. Lig
Smigel, Anderson & Sa ks, L.L.P.
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
Attorney for Defendant, Mike Biechler, individually,
and Inspection Center by Mike
Biechler
Nicole L. Javitt, Esquire
ID#309137
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
njavitt@dplglaw,com
Connie L. Zitsch
v.
Plaintiff,
Attorney for Plaintiff
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CAROLINE H. DEMARTYN, an
individual, MIKE BIECHLER, an•
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation
Defendants.
No: 13-3749 CIVIL
Civil Action — Law
JURY TRIAL DEMANDED
I, James W. Abraham, Esquire, consent to amending the caption in the above captioned case to
remove Mike Biechler, individually, as a party, due to the fact that all claims have been dropped
against him.
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
Attorney for Defendant, Caroline H. DeMartyn
FLED -OF I' iCE
CF THE r ROTHON0 AR...
21114 JUL 25 AM a. T2
CUMBERLAND COUNTY
KA
CONNIE L. ZITSCH, : COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, an
Individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation,
DEFENDANTS
: Civil Action - Law
: JURY TRIAL DEMANDED
MOTION FOR RULE ABSOLUTE
AND NOW COMES the Plaintiff, Connie L. Zitsch, through her attorneys, the Dethlefs-
Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, who respectfully motions this
Honorable Court for Rule absolute, and in support thereof avers as follows:
1. The Motion of Plaintiff for Leave to Amend Complaint was filed on July 1, 2014.
2. This Honorable Court issued a Rule upon Defendants to show cause why the
Plaintiff should not be permitted to file the Amended Complaint on July 1, 2014.
3. This Honorable Court made the Rule returnable twenty (20) days from the date of
service.
4. Plaintiff served Defendants with the Rule on July 3, 2014.
5. Twenty (20) days have now elapsed and Defendants have not responded.
WHEREFORE, Plaintiff, Connie L. Zitsch, respectfully motions this Honorable Court
for Rule absolute and to grant her leave to file the Amended Complaint.
Respectfully miffed,
Date:
7/)_ ct
Darrell C. Dethlefs, Esq.
Dethlefs-Pykosh Law Group, LLC
2132 Market St, Camp Hill, PA 17011
(717) 975-9446
ddethlefs@aol.com
Supreme Court ID No. 58805
Certificate of Service
I, Derrell C. Dethlefs, Esq., the undersigned, hereby certify that on
true and correct copy of the Motion for Rule Absolute was served on the following:
Darryl J. Liguori, Esquire
River Chase Office Center, 3rd Fl.
4431 North Front Street
Harrisburg, PA 17110
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
Date:
BY:
Darrell C. Det efs, Esq.
Dethlefs-Pykosh Law Group, LLC
2132 Market St, Camp Hill, PA 17011
(717) 975-9446
ddethlefs@aol.com
Supreme Court ID No. 58805
OFFy! t"' �
B.,i(" T3 E p fl THONOE
�- 1 Y,:
2014 JUL .25 �.; r
CUMBERLAND
PENNS YLV,QNIA i Y
CONNIE L. ZITSCH, : COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 13-3749 CIVIL
CAROLINE H. DEMARTYN, an
Individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation,
DEFENDANTS
: Civil Action - Law
: JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Darrell C. Dethlefs, Esq., as attorney for Plaintiff, Connie
L. Zitsch, in the above captioned matter.
Dated:
Respectfull j Submitted,
Darrel ethlefs, Esq.
Dethlefs-Pykosh Law Group
2132 Market St, Camp Hill, PA 17011
(717) 975-9446
mpykosh@dplglaw.com
Supreme Court ID No. 58805
CONNIE L. ZITSCH,
PLAINTIFF
V.
CAROLINE H. DEMARTYN, an
Individual, and INSPECTION CENTER
BY MIKE BIECHLER, a Pennsylvania
business corporation,
DEFENDANTS
AND NOW, this the j� day of
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 13-3749 CIVIL
•
•
: Civil Action - Law
: JURY TRIAL DEMANDED
, 2014, after consideration of Plaintiff's
Motion for Rule Absolute, it is hereby ORDERED that Plaintiff, Connie L. Zitsch, is granted
leave to file the Amended Complaint within ten (10) days of the date of this Order.
l '£3 (t
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A44/b. Liter
A 644Aakv.. kkeoo
7/a %y
By the C
urt:
mos A. Prey
on Pleas Judge
rn co
cn
z
w
Darrell C. Dett l`efs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
ddethlefs@aol.com
FILED -OFFICE
Cr THE PROTHONOTARY
20111 AUG -5 pm .121 i
CUMBERLAND COUNTY
PENNSYLVANIA
Attorney for Plaintiff
Connie L. Zitsch
Plaintiff,
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CAROLINE H. DEMARTYN, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation,
Defendants
No: 13-3749 CIVIL
Civil Action — Law
JURY TRIAL DEMANDED
NOTICE
You have been sued in Court. If you wish to defend against the claims set forthin
the following pages, you must take this action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by an 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 of for any other claim or relief requested by 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 OR CANNOT AFFORD ONE, THEN YOU SHOULD
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
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 FOR A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
Telephone No. 249-3166
Darrell C. Dethlefs, Esquire
ID # 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Fax — (717) 975-2309
ddethlefs@aol.com
Attorney for Plaintiff
Connie L. Zitsch
Plaintiff,
v.
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CAROLINE H. DEMARTYN, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, INC. a
Pennsylvania business corporation,
Defendants
No: 13-3749 CIVIL
Civil Action — Law
JURY TRIAL DEMANDED
AMENDED COMPLAINT
AND NOW comes the Plaintiff, Connie L. Zitsch, by and through her attorneys,
Dethlefs-Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, and files the within
Amended Complaint and in support thereof avers as follows:
1. Plaintiff is Connie L. Zitsch (the "Plaintiff'), an individual whose address is 5415
Laurie Lane, Enola, PA 17025 (hereinafter referred to as the "Property").
2. Defendant, Caroline H. DeMartyn, (the "Seller") is an individual whose address is
49 Ashburg Drive, Suite 55, Mechanicsburg, PA 17050.
3. Defendant, Inspection Center by Mike Biechler, Inc., is a Pennsylvania business
corporation with a business address located at 2466 Roundtop Road, Middletown, PA 17057.
COUNT 1
Connie L. Zitsch v. Caroline H. DeMartyn
BREACH OF CONTRACT FOR SALE OF REAL PROPERTY — FAILURE TO
DISCLOSE A MATERIAL DEFECT
4. Plaintiff incorporates by reference paragraphs 1 through 3 as if set forth herein at
length.
5. On or about September 11, 2012, Plaintiff and Seller entered into a written
agreement in which Plaintiff agreed to purchase and Seller agreed to sell real property located at
5415 Laurie Lane, Enola, PA 17025. A true and correct copy of the written sales agreement (the
"Agreement") is attached hereto as Exhibit "A" and incorporated herein by reference.
6. Prior to Plaintiff's execution of this agreement, Seller presented Plaintiff with a
Seller's Property Disclosure Statement dated September 5, 2012 which was prepared and signed
by Seller. A true and correct copy of the Seller's Property Disclosure Statement is attached
hereto as Exhibit "B" and incorporated herein by reference.
7. Plaintiff relied on the Seller's representations set forth in the Disclosure Statement
in entering into the Agreement.
8. Plaintiff performed all conditions, covenants and promises on Plaintiff's part to be
performed in accordance with the terms and conditions of this Agreement.
9. Plaintiff closed escrow and took possession of the Property on October 15, 2012.
10. Approximately two weeks after Plaintiff took possession of the Property she
noticed a makeshift wall in the basement which she immediately had removed to find that it was
covering large cracks in the foundation. See photo attached hereto as Exhibit "C" and
incorporated herein by reference.
11. Seller owed a duty to Plaintiff to inform Plaintiff of the history of the cracks in the
basement walls and the water leakage which resulted therefrom.
• 12. Plaintiff is informed and believes, and alleges on that basis, that Seller breached
the Agreement by failing to disclose material and important information regarding the condition
of the real property that was within Seller's knowledge.
13. During the inspection of the Property, Seller's representatives stood in front of the
makeshift wall so that the cracks behind the wall would go unnoticed.
14. In the Seller's Disclosure Statement, Seller states that they are aware of dampness
in the basement of the Property and that they attempted to control the dampness problem with a
dehumidifier. Seller also states in the Disclosure Statement that they are not aware of any past or
present water leakage in the house, nor are they aware of any past or present movement, shifting,
deterioration, or other problems with walls, foundations, or other structural components.
15. Seller made no other references in the Seller's Disclosure Statement to the leaking
in the basement or to the cracked foundation.
16. Seller has owned and maintained the Property as her primary residence since
February 1966, as is referenced in the Seller's Disclosure Statement.
17. Plaintiff would not have entered into the Agreement had Plaintiff known the true
facts regarding the condition of the property.
18. As a result of Seller's breach of the Agreement by failure to disclose a material
defect, Plaintiff has been damaged as Plaintiff has been forced to incur the costs and expenses of
correcting the defects and problems on the real property. A true and correct copy of the Proposal
for repairs is attached hereto as Exhibit "D" and is incorporated herein by reference.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in an unliquidated amount in controversy, in an amount exceeding
$50,000.00, for the cost of repairs and reasonable attorney's fees as the Court sees fit.
COUNT 2
Connie L. Zitsch v. Caroline H. DeMartyn
FRAUD
19. Plaintiff incorporates by reference paragraphs 1 through 18 as if set forth herein at
length.
20. Defendant made specific representations to Plaintiff.
21.
On line 36 of the Seller's Property Disclosure Statement, Seller specifically
represents that she was not aware of any water leakage, accumulation, or dampness within the
basement or crawl space of the subject property.
22. On line 49 of the Seller's Property Disclosure Statement, Seller specifically
represents that she was not aware of any past or present movement, shifting, deterioration, or
other problems with walls, foundations, or other structural components.
23. The condition of the Property and the existence or non-existence of cracks in the
foundation and excess water flowing towards the house is material.
24. Upon information and belief, Seller intentionally concealed the existence of the
cracks in the foundation by covering them with drywall, blocking them during the inspection and
failing to disclose the same to Plaintiff in the Seller's Disclosure Statement or directly to
Plaintiff.
25. Seller concealed the facts with the intent to mislead the Plaintiff.
26. Plaintiff justifiably relied on Seller's non -disclosure.
27. Seller's concealment of the defects .were calculated to deceive Plaintiff and other
potential purchasers in an effort to achieve the highest possible price for the Property.
28. Seller's aforementioned conduct is outrageous.
29. To cure the cracks in the foundation and the water drainage problem the following
steps, in addition to others not listed here, must be taken to the detriment of the Plaintiff in the
amount of $62,200.00:
a. Demo brick work on the front block wall;
b. Excavate front and west end for drainage pipe;
c. Relay block and brick with new material to waterproof the
foundation wall;
d. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
e. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in an unliquidated amount in controversy, exceeding $50,000.00, which
represents the total cost to repair the subject premises, in addition to punitive damages for the
willful, wanton and/or malicious conduct of Defendant, plus costs, fees and any other relief that
this Honorable Court deems necessary and proper.
COUNT 3
Connie L. Zitsch v. Caroline H. DeMartyn
VIOLATION OF THE PENNSYLVANIA REAL ESTATE SELLER DISCLOSURE LAW
(68 Pa. C.S. 7301 et. seq.)
30. Plaintiff hereby incorporates paragraphs 1 through 29 as if fully set forth herein.
31. Pursuant to 68 Pa. C.S. § 7303 "[a]ny seller who intends to transfer any interest in
real property shall disclose to the buyer any material defects with the property known to the
seller by completing all applicable items in a property disclosure statement which satisfies the
requirements of section 7304 (relating to disclosure form). A signed and dated copy of the
property disclosure statement shall be delivered to the buyer in accordance with section 7305
(relating to delivery of disclosure form) prior to the signing of an agreement of transfer by the
seller and buyer with respect to the property."
32. On September 5, 2012, Seller completed the Seller's Property Disclosure
Statement as contemplated by and further required by 68 Pa. C.S. § 7301 et seq.
33. Pursuant to 68 Pa. C.S. § 7307, "[i]f information disclosed in accordance with this
chapter is subsequently rendered inaccurate prior to final settlement as a result of any act,
occurrence or agreement subsequent to the delivery of the required disclosures, the seller shall
notify the buyer of the inaccuracy."
34. Specifically, Seller has lived on the Property since 1966 and hid the defects in the
block wall in the basement behind dry wall.
35. Seller failed to notify Plaintiff of the existence of the cracks in the foundation of
the basement and of water drainage issues with the subject property in violation of 68 Pa. C.S.
§ 7307.
36. Pursuant to 68 Pa. C.S. § 7308, Seller had an affirmative duty to not fail to
disclose a known material fact.
37. Specifically and upon information and belief, Plaintiff avers that Seller failed to
disclose the existence of the cracks in the foundation and the water drainage problems on the
subject property, when she knew of the same, in violation of 68 Pa. C.S. § 7308.
38. To cure the cracks in the foundation and the water drainage problem the following
steps, in addition to others not listed here, must be taken to the detriment of the Plaintiff in the
amount of $62,200.00:
f. Demo brick work on the front block wall;
g.
Excavate front and west end for drainage pipe;
h. Relay block and brick with new material to waterproof the
foundation wall;
i. Regrade the front yard to divert water towards west end of house
after tree in front yard is removed by a separate company;
j. New pressure treated plate installed.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against Defendant in an unliquidated amount in controversy, exceeding $50,000.00, which
represents the total cost to repair the subject premises, in addition to punitive damages for the
willful, wanton and/or malicious conduct of Defendant, plus costs, fees and any other relief that
this Honorable Court deems necessary and proper.
COUNT 4
Connie L. Zitsch v. Inspection Center by Mike Biechler, Inc.
NEGLIGENCE THROUGH VICARIOUS LIABILITY— FAILURE TO PROPERLY
INSPECT
39. Plaintiff incorporates by reference paragraphs 1 through 38 as if set forth herein at
length.
40. At all times relevant hereto, Matt Mueling, an inspector, was employed by
Defendants, Mike Biechler and Inspection Center by Mike Biechler, Inca Mike Mueling was
under the direct supervision, employ and control of the Defendant when the negligent inspection
occurred. Mueling performed the inspection for the Plaintiff while acting in the course and scope
of his employment with Defendant, Inspection Center. Therefore, Defendant, Inspection Center
by Mike Biechler, is liable for the defective inspection under the law of vicarious liability.
41. On or about August 31, 2012, Plaintiff entered into a contract with Defendant,
Inspection Center by Mike Biechler, Inc., to perform an inspection on the Property for a total of
$580.00. See the Inspection Agreement attached hereto as Exhibit "E" and incorporated herein
by reference.
42. On or about September 5, 2012, the inspector, Matt Mueling, entered the subject
Property and performed an inspection which was to include the following: Full Home Inspection,
Wood Infestation Inspection, Radon Test and a Water Test. See the Inspection Summary
attached hereto as Exhibit "F" and incorporated herein by reference.
43. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Basement of the Property.
44. The Inspection Summary from Defendant lists no major, nor any minor problems
found in the Structure of the Property.
45. The Inspection Summary from Defendant lists no problems on the Exterior of the
Property with respect to the grading of the front yard causing water damage.
46. Defendant made no other references in their Inspection Summary which would
disclose the true and defective condition of the Property.
47. The defects in the Property are material and significant so that a licensed
inspector performing a reasonable and diligent inspection of the Property should have discovered
them and disclosed them to the Plaintiff.
48. Plaintiff reasonably relied on the Inspector's representations set forth in the
Inspection Summary in entering into the Agreement and purchasing the Property.
49. Plaintiff would not have entered into the Agreement had Plaintiff known the true
condition of the Property.
50. As a result of Defendant's negligence by failing to properly inspect the Property,
Plaintiff has been damaged as Plaintiff has been forced to incur the costs and expenses of
correcting the defects and problems on the real property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against Defendants in an unliquidated amount in controversy, in an amount exceeding
$50,000.00, for the cost of repairs and reasonable attorney's fees as the Court sees fit.
DATED:
Respectfully Submitted,
Darrell '� ethlefs, Esquire
Dethlefs-Pykosh Law Group, LLC
Attorney ID # 58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone — (717) 975-9446
Attorney for Plaintiff .
VERIFICATION
I, Connie Zitsch, hereby swear and affirm that I am the Plaintiff in the within action, and
the facts contained in the Amended Complaint in Civil Action 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. Section 4904 relating to unsworn falsification to authorities.
Connie Zitsch
Connie L. Zitsch, : COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, an
individual, and INSPECTION CENTER :
BY MIKE BIECHLER, a Pennsylvania :
business corporation,
Defendants
Civil Action — Law
CERTIFICATE OF SERVICE
I hereby certify that, on the date indicated below, a copy of the foregoing
Amended Complaint was hereby served by depositing the same within the custody of
the United States Postal Service, First Class, postage prepaid, addressed as follows:
Date:
Darryl J. Liguori, Esquire
Smigel, Anderson & Sacks, L.L.P.
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
Respectfully Submitted,
By: U'
Katherine L. McDonald, Esquire
I.D. # 313633
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone: (717) 975-9446
E -Mail: kmcdonald@dplglaw.com
HL1:U-Ur F 1CL.
i"HE PROTHONOTARY
2011i AUG -8 AMID: 33
CUMBERLAND COUNTY
PENNSYLVANIA
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
(717) 234-2401
Darryl J. Liguori, Esquire
dliguori@sasllp.com
CONNIE L. ZITSCH, : IN THE COURT OF COMMON PLEAS
Plaintiff. : CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 13-3749 CIVIL
: CIVIL ACTION — LAW
v.
CAROLINE H. DEMARTYN and
INSPECTION CENTER BY MIKE
BIECHLER,
Defendants.
NOTICE TO PLEAD
TO: Connie L. Zitsch, Plaintiff, c/o
Nicole L. Javitt, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Attorney for the Plaintiff
You are hereby advised to file a written response to the enclosed Defendant's Preliminary
Objections to Plaintiff's Amended Complaint within twenty (20) days from service hereof, or
judgment may be entered against you.
Date: August 7, 2014 By:
SMIGEL, ANDERSON & SACKS, L.L.P.
Darryl J. Liguori, Esquire - ID #91715
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant Inspection Center
by Mike Biechler
0
SMIGEL, ANDERSON & SACKS, LLP
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
(717) 234-2401
Darryl J. Liguori, Esquire
dliguori@saslIp.com
CONNIE L. ZITSCH, : IN THE COURT OF COMMON PLEAS
Plaintiff. : CUMBERLAND COUNTY, PENNSYLVANIA
v.
CAROLINE H. DEMARTYN and
INSPECTION CENTER BY MIKE
BIECHLER,
Defendants.
: NO. 13-3749 CIVIL
: CIVIL ACTION — LAW
PRELIMINARY OBJECTIONS OF DEFENDANT INSPECTION CENTER
BY MIKE BIECHLER TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW COMES, Defendant Inspection Center by Mike Beichler, Inc., by and
through its attorneys, Smigel, Anderson & Sacks, LLP, to file the following Preliminary
Objections to Plaintiff's Amended Complaint and aver in support as follows:
I. PRELIMINARY OBJECTION:
AGREEMENT FOR ALTERNATIVE DISPUTE RESOLUTION
1. On September 11, 2012, Connie Zitsch (the "Plaintiff") and Caroline DeMartyn
(the "Seller") entered into a written agreement to purchase Seller's house located at 5415 Laurie
Lane, Enola, PA 17025 (the "Property").
2. Prior to the sale, on September 5, 2012, Plaintiff hired Defendant Inspection
Center by Mike Biechler, Inc. (the "Inspection Center") to perform a home inspection on the
Property and entered into an Inspection Agreement with Limitations and Explanations to do so.
A true and correct copy of the Inspection Agreement with Limitations and Explanations and the
corresponding Inspection Report is attached hereto as "Exhibit A."
3. Plaintiff filed the Amended Complaint against Seller and the Inspection Center to
recover expenses for repairs to hidden cracks discovered behind a makeshift wall in her
basement. Plaintiff alleged she was unaware of the cracks at the time of the sale. Am. Compl. at
¶ 10, 17.
4. Plaintiffs sole cause of action against the Inspection Center is Count 4 of the
Amended Complaint which alleges that the Inspection Center is negligent for failing to properly
inspect the Property under a theory of vicarious liability.
5. The Inspection Agreement contains a dispute provision requiring binding
arbitration.
6. The Inspection Agreement states:
The client agrees to settle any dispute arising from the home inspection or
inspection report shall be submitted to final and binding arbitration under the rules
and procedures of the expedited arbitration of home inspection disputes of
Construction Arbitration Services, Inc. At least one arbitrator must be a member
in good standing of the American Society of Home Inspector (ASHI) and/or
National Association of Home Inspectors (NAHI).
Exhibit A at ¶ 17.
7. Plaintiff's negligence claim is a dispute arising from the Inspection Center's home
inspection and inspection report and must be submitted to binding arbitration pursuant to the
terms of the Inspection Agreement.
8. Pennsylvania Courts will enforce contract provisions that submit future disputes
that "arise under the agreement to a tribunal other then a court." Borough of Ambridge Water
Authority v. Columbia, 328 A.2d 498, 500 (Pa. 1974). "Contracts that provide for arbitration are
valid, enforceable, and irrevocable ... and this is equally true of both common law arbitration
and the arbitration provided [by statute]." Mendelson v. Shrager 248 A.2d 234, 235 (Pa. 1968).
1
9. Pa. Rule of Civ. Proc. 1028(a)(6) permits a preliminary objection, or in the
alternative a petition to compel arbitration, when there is an agreement for alternative dispute
resolution in place.
10. Because there is a valid agreement for alternative dispute resolution in place, as
described by the Inspection Agreement, Plaintiff's Complaint against the Inspection Center must
be dismissed.
WHEREFORE, Defendant Inspection Center by Mike Biechler, Inc., respectfully
requests that this Honorable Court sustain the Preliminary Objections to Plaintiff's Amended
Complaint and dismiss Plaintiff's cause of action against the Defendant due to the presence of an
agreement for alternative dispute resolution pursuant to Pa. R.C.P. 1028 (a)(6).
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
Date: August 7, 2014
2
By: Y
Darryl J. Liguori, Esquire - ID #91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant Inspection
Center by Mike Biechler
Exhibit A
INSPECTION AGREEMENT-
Limitations
GREEMENTLimitations and Explanations
I. This agreement is between the client whose name and the address of the building to be inspected is on page rwNo of this
agreement, and The Inspection Center by Mike Biechler Inc. The inspection Center by Mike Biechler Inc, will be referred to in
this agreement as "Inspection Center" and the word client will be used in place of the client's formal name.
2. The client agrees and understands that this home inspection report is not a warranty or guarantee of condition of any single
component or building as a whole. The inspection and inspection report is a general evaluation of the condition of the building at
the time of the inspection only. A component or system may operate correctly today and fail to on•ow. If you have any specific
concern about any part of the home. you, are advised to seek a professional in that area. We do not bore, poke, pry or do anything
:that may.cause any type of damage to the property. We do not move furniture; personal items, drop ceiling tiles, floor coverings
or access covers. Any problem(s) found after the home inspection that are•under or behind these items are considered concealed
defect(s) and excluded from liability to the inspection Center and its inspectors.
inspector states that an area is not viewed. not accessible or that a system is not operated, the system or area is considered
not inspected and the Inspection Center and its inspectors have no liability. If the client wants these areas to be inspected at n
Tater date, it is the responsibiiiry of the client to schedule this inspection.
4. The client agrees and understands that the home inspection and report shall be performed in accordance to ASI -11 (American
Society of I•lonic inspectors) Standards. The inspeclor(s) conducting the home inspection is (air) a member of AS1-11 or NAHI
(National Association of Honie Inspectors) or is supervised by a member of said association. The inspectors used by inspection
Center arc compliant with PA Act 114. No inspector that docs work for this company is a licensed structural engineer. Any
comment made about the structure of the property is based on the inspector's personal experience and general construction
practices.
• 5. The purpose of the home inspecrton is to identify "Material Defects" as defined in PA Acid 14. '''A problem With a residential
real property or n portion of it that would have a significant adverse impact on the value of the property or that involves an
unreasonable risk to the people on the property.. The fact that a structural clement, system dr subsystem is at or beyond its normal
useful lift is not by itself a Material' Defect". The Inspection Center and the inspectors will only be held liable for Material
Defects as defined in PA Act 114.
(. The client egrets that it is their responsibility to let the inspector and Inspection Center aware of any specife health problems.
We cannot be liable for client's health problems that may he associated with specific conditions in a building.
7. The client understands and agrees That they must read the report in its entirety. Anything on the report may be a concern to the
client. It is the responsibility of the client to have these concerns funkier evaluated.
8. The client understands and agrees that the building' inspection and report is not a substitute for a seller's disclosure. The home
inspection process does not remove the responsibility or liability that a seller has for proper disclosure of past or existing
problems. The Inspection Ccntcr will not be held liable for lack of proper discloser by the seller,
9. The client ngrecs and understands that.this home inspection is. for the clients•benefit only. The inspection andinspection'report.is" ' '•• •
not produced to protect any third party including lender or insurance company. 'The Inspection Center will have no liability to
any third party that was given a copy of the inspection report. If client provides inspection to any third party the client assume all
liability of the inspection and agrees to pay for all legal cost to defend the Inspection Center.
10. 'The client understands that we recommend them staying with the inspector during the home inspection su you understand what
was inspected. We do not recommend you go in the attic or onto the roof. It is the client's responsibility to bring any concerns
they have to the inspector's attention. The client agrees and understands that anyone attending the home inspection does so at
their own risk. The client accepts full responsibility of any personal injury to any parties attending the home inspection or
property damage caused•by people attending the inspection.
11. The home inspection report will be released to the client and the real estate agent working with the client only. If the client does
not want the report released to the real estate agent working with them, they must let the Inspection Company know in writing.
12. If any cost estimates are requested by the client, the client understands that these costs are based only on the past experience•of
the inspector.; The 4lient.will.not-hold the•Inspection Center or the inspectorliable for any cost ettiniafes. ='Theclierit uttaeistands'•
that any cost estimates given by the inspector should not be used as 'a negotiating tool because of the possibility of being
inaccurate. The client should get estimates for repairs by contractors able to perform the repairs. It is possible that further
evaluation or even exploration behind materials may be needed for a contractor to give a valid estimate.
13. Unless arrangements lire made a head of time, the inspection report will not be released to the client until the inspection fee(s) are
paid in full. If payment is allowed to be delayed the client understands that any balance not received within 30.days will have a
10% service fee added plus 5% per month based on balanced remainin
Revision 3/2010
Page 1
INSPECTION AGREEMENT
14. The client understands that the following items bre not included in the standard home inspection unless agreed upon in writing at
the bottom of page two, The items excluded are as follows: appraisal, environmental hazards or toxic chemicals. air quality,
radon gas. water quality or water quantity, water pressure. molds, asbestos, formaldehyde, lead or lead based paint, rodents,
insects. wood destroying insects, underground tanks, under ground water lines including main water supply lines and waste lines,
sprinkler systems, water treatment systems. wells or•well pumps, septic systems, cistern, free suppression systems, smoke alarms
or detectors, carbon monoxide detectors, security systems, elevators, central vacuum systems, speaker or intercom systems, low
voliaac wiring, underground wiring, swimming pools, hot tubs, saunas, tennis coups, detached buildings including sheds, yard
toys, trees, shrubs, overhead wires, property lines, building codes, maintenance codes, zoning, electromagnetic radiation or fields,
interior of chimney or chimney flues, furnace heat exchanger, solar panels or heaters, wood or coal or pellet stoves. evidence of
past or present. animal wastes or urine. if you would like or need any of the above mentioned items inspected. you can hire the
'Inspection Center as'an "add on"inspection if possible or hire a professional of your Choice.."
15. As stated in the home inspection, law, PA act 114 Section 7512 the client must commence any action for damages arising out of
"---"--thilliarirc-inspectiotrorany-inspectronagreed-upon-in-this-conh•act-within-ane-year-From-the-datetbe-inspection-was-performed __ ._.__..._.-
16. If there is any problem found after. the home inspection is performed it is the responsibility of the client to notify the Inspection
Center within 24 hours and allow .our inspector fall access to evaluate the problem before it is repaired or altered. If the client
fails to notify the Inspection Center within 24 hours or fails to give the Inspection Center flint access prior to any repair being
performed, the inspection Ccntcr will not be liable.
17. The client agrees to settle any dispute arising from Linc hone inspection or home inspection report shall he submitted to final and
binding arbitration under the rules and procedures of the expedited arbitration of hone inspection disputes of Construction
Arbitration Serviced inc. At least one arbitrntor must be a member in good standing of Mc American Society of Home Inspector
(AST -Ii) and/or National Association of Horne Inspectors (NAH1).
18. If the Inspection Ccntcr or its inspector is found liable or negligent for the failure to find a problem or prepare the report properly,
the client agrees and understands that the Inspection Center and its inspectors are limited to the cost of the home inspection fee.
19. If any section or provision of this agreement is found to be invalid, unenforceable or voidable, the remaining sections or
provisions of this,rigreement shall remain in full force and effect. This agreement contains all the terms rind conditions between
the client and the inspection Center. .
Itie,Full Horne inspection
$ e 15 (Z 0 Mold'Testing
Wood infestation Inspection $ '/5. X41 0 al F.S Inspection $ -.
)Radon Testing $ (i5.-, lX0 0 Other $
y1'.atcr Quality ' . $ /6, .'� : lv p Other .$-
Total Cost $
k�• �,� (due at the time of inspection)
�
J
Inspection �ldress .� �y/ `..� /_ rt tJ!' f•
< 1•
Client t ( fl �•
Signature
, e-1 'k)
1r 1
A
Print Name
The person .signing 'this document is staring that he/she is authorized ,to sign this agreentent.by any principals•..involved: By
signing this document 1 am stating that 1 have read and agree to its terms and conditions. I understand that I have the right to
negotiate this agreement or cancel the inspection at this time and hire another inspection company.
A rt 1 Z.:57)2,0,....
Membership Number
Revision 3/2010
Page 2
5415 Laurie Lane, Enola
INSPECTION CENTER
by Mike Biechler Inc.
Mike Biechler— Inspector, Tester
Terry Spalti — Inspector, Tester
Matt Muehling — Inspector, Tester
Start Time: 4:00
Inspection Date: 9-5-2012
Customer: Connie Zitsch
Person(s) Present: Buyer, Seller
Age of House: 30+/ -
Precipitation: Recent Rain
Occupied
SERVICES:
Full Home Inspection
Wood Pest Report
Radon Test
Water Test
Mold Test
Other
COST
$ 275.00
$ 45.00
$ 95.00
$ 165.00
$ -
$ -
TOTAL $ 580.00
Full Home Inspection
Wood Pest Inspection
EIFS Inspection
Radon Testing
Water Testing
Mold Testing
Finish Time: 6:00
Inspector: Matt Muehling
Temperature: 80
Paid: CC
2466 Roundtop Road, Middletown, Pa. 17057
Phone (717) 944-4190 • Fax (866) 661-1209
www.TheInspectionCenter.Com
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 1 of 11
5415 Laurie Lane, Enola
SUMMARY
This summary page is a list of any major problems found during the home
inspection. It should be understood that any item pointed out in this report can
become a major problem if not repaired. The list of Major problems below is
- based -on -the -definition of -,Material Defeet" -as-written-in Pennsylvania -Act -1-14.
MAJOR CONCERNS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
• The clay liner in the chimney is cracked and deteriorated.
• There is cracked and loose tile in the shower surround. There are
several areas with missing mortar.
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
when overloaded. It is recommended that the main electric panel
box be replaced.
Inspection Center by Mike Biechier Inc. 717-944-4190
Page 2 of 11
5415 Laurie Lane, Enola
STRUCTURE
House Foundation Walls: Block
House Foundation Floor: Concrete
House Support Columns: Metal
_ _ _ _ ..House Wall Framing Material: Wood.._—_..
House Floor Framing Material: Wood Joists
Attic Access: Hatch
House Roof: Trusses
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• There are a few cracks in the foundation walls. Appear to be from
common settlement of the house.
• There are a few cracks in the basement floor. Appear to be from
common shrinkage of the concrete.
• There is some staining on the framing around the chimney visible in
both the attic and basement. The stains were dry at the time of
inspection.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 3 of 11
House Roof: Asphalt Shingles
Roof Inspection Method: Walked
Chimney Material: Block
Outters:_Aluminum_.
Sidina Material,: Metal, Brick
Driveway Material: Asphalt
5415 Laurie Lane, Enola
EXTERIOR
MAJOR PROBLEMS
• There are several cracked, torn, and missing asphalt shingles on
the' roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced.
• The clay liner in the chimney is cracked and deteriorated.
MINOR PROBLEMS
• There is rotted wood on the carport and rear sheds. The floor is
rotted in the rear shed.
• The masonry crown on the top of the chimney is cracked.
Recommend the crown be replaced to prevent further damage to
the chimney.
• The sill on the left window on the right side of the house is rotted at
the left corner.
• The trim around the basement windows on the right side of the
house is rotted.
• The brick at the right side of the brick ledge along the front of the
house is loose.
ADDITIONAL OBSERVATIONS
• Maintain paint on exterior wood trim.
• Keep trees and shrubs trimmed back off the house.
• The front concrete stoop has settled and slopes back towards the
house.
• There is a fungus growing on the shingles.
• Keep gutters clear of debris.
• There are a few cracks in the carport floor. Appear to be from
common shrinkage of the concrete.
• The shrubbery is very dense along the rear of the house.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 4 of 11
5415 Laurie Lane, Enola
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 5of11
5415 Laurie Lane, Enola
PLUMBING SYSTEM
Water Supply: Well
Main Water Shutoff Location: Basement
Main Pipe Material: Plastic, Copper, Galvanized, Lead?
— _ Jnterior-P-loe Material: -Copper. ___ _ _ __ _ —. _
Water Heater: Electric, Piped Gas, Bottled Gas, Oil
Treatment System: Yes / None
Hose.bib:_Frost_Proof _ —
Quantity Q Age: Q Gallons:
Waste Pipe Material: Plastic, Cast Iron, Galvanized, Copper, Lead?
Waste System: Public
Bathtub Material: Metal, Tile
MAJOR PROBLEMS
• There is cracked and loose tile in the shower surround. There are
several areas with missing mortar.
MINOR PROBLEMS
• The front exterior hose bib leaks at the handle when operated.
• There is a leak at the shut-off valve for the cold water supply to the
basement bathroom sink.
ADDITIONAL OBSERVATIONS
• There is carpet on the floor of the bathroom.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 6 of 11
5415 Laurie Lane, Enola
ELECTRIC SYSTEM
Service Entrance: Overhead
Main Panel Box Location: Basement
Breakers: Main Panel Box
-- — - -Wiring: -Grounded-Romex- -... — --.
Receptacle Type: 31iole
Ground Fault Interrupters: Exterior
Grounding: Rod
Electric Suooly: 100
Main Panel Box Quantity: 0
Main Disconnect: Basement
--- --- — — Distribution Wire: -Copper--...-
MAJOR PROBLEMS
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
when overloaded. It is recommended that the main electric panel
box be replaced.
MINOR PROBLEMS
• The wire for the dryer is hanging loose. Recommend terminating
the wire inside a junction box.
ADDITIONAL OBSERVATIONS
• No GFCI receptacles in kitchen or bathroom. May not have been
required when the house was built.
• There are a limited amount of receptacles in each room.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 7of11
5415 Laurie Lane, Enola
HEATING / AIR CONDITIONING
Jseat Fuel Source: 011
Heat Location: Basement
Boiler: Water, Baseboards, Circulated
- ------ --. — Space -beater: Electric -- — - - -- — -
Fuel Tank Location: Basement
Fuel Shutoff Location: Basement
Thermostat: Single
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The boiler operated from the thermostat and provided hot water to
the baseboards. Clean and service yearly.
• The vent for the oil tank is small (undersized according to today's
standards). The oil company that delivers oil may request you
replace the vent.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 8 of 11
5415 Laurie Lane, Enola
INTERIOR AREAS
Walls and Gelling: Drywall
Floorina: Carpet, Vinyl
Windows: Wood, Double Hung
— --. —Storm-Windows;—Complete- -- ---- -- =— --Storm-Doors—.----
Attic Insulation: Batts, Thickness 9+1- inches Fans: Ceiling
Attic Ventilation: Ridge Vent, Soffft
Smoke Detectors: Battery Central Vacuum,: Yes
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
• There is cracked glass in the living room bow window.
• The rear bedroom door hits the frame when closed.
ADDITIONAL OBSERVATIONS
• We do not inspect chimney flue liners. Recommend the chimney
flue be cleaned and inspected prior to use.
• There are several cracks and nail pops in the drywall throughout
the house. Appear to be from common settlement of the house.
• There is no exhaust fan in the bathroom. Recommend opening a
window when showering or installing an exhaust fan to remove
moisture from the bathroom.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 9 of 11
5415 Laurie Lane, Enola
KITCHEN
Electric Stove: Operated= Yes
Microwave: Operated= Yes
Garbage Disposal: Operated= Yes
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The appliances operated at the time of the inspection.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 10 of 11
5415 Laurie Lane, Enola
BASEMENT / CRAWL SPACE / SLAB
Pas ement
Finished Basement: Partial Heated: Partial Windows Exterior Door
Finished Flooring: Vinyl, Carpet
Insulated Walls: Partial
Water Control Measures: Dehumidifier
Finished Wall Material: Paneling, Drywall
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The age of the house and construction method never intended on
providing a dry basement. There is some staining on the paneling
in the basement. No water on the floor at time of inspection.
• Recommend operating a dehumidifier in the basement.
• Recommend adding railing to the open side of the basement stiars.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 11 of 11
CONNIE L. ZITSCH, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2013-03749 CIVIL
: CIVIL ACTION — LAW
v.
CAROLINE H. DEMARTYN and
INSPECTION CENTER BY MIKE
BIECHLER, INC.,
Defendants.
CERTIFICATE OF SERVICE
I, Darryl J. Liguori, Esquire, certify that I this day served a copy of the foregoing
Preliminary Objections to Amended Complaint upon the person(s) indicated below by depositing
a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, and addressed as follows:
Darrell C. Dethlefs, Esquire
Nicole L. Javitt, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
Attorneys for Plaintiff
Date: August 7, 2014
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
Attorney for Caroline H DeMartyn
SMIGEL, ANDERSON & SACKS, LLP
By:
Anw,
Darryl J. Liguori, Esquire ID #91715
River Chase Office Center, 3rd Floor
4431 North Front Street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant Inspection
Center by Mike Biechler, Inc.
CONNIE L. ZITSCH
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No.13-3749
VS Civil Action - Law
CAROLINE H. DEMARTYN and
INSPECTION CENTER BY MIKE BIECHLER
To the Prothonotary:
Civil Term
JURY TRIAL DEMANDED
PRAECIPE
Please file the attached exhibits to the above -captioned Amended Complaint.
David D. Buell, Prothonotary
Attorney Info:
Darrell C. Dethlefs, Esq., ID No. 58805
Dethlefs-Pykosh Law Group, LLC
2132 Market Street, Camp Hill, PA 17011
(717) 975-9446
ddethlefs@aol.com
fr., •
AGREEMENT OF PURCHASE AND SALE OF REAL ESTATE — AS IS
THIS AGREEMENT, made and entered into this //day of SEpffitchef , 2012,
By and between Caroline H DeMartyn, widow, of MechanicSbneg, Cumberland County,
Pennsylvania hereinafter called "Seller"
and
Connie L Zitsch of Enola, Cumberland County, Pennsylvania, hereinafter called "Purchaser".
IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
HEREINAFTER CONTAINED, IT IS AGREED BY AND BETWEEN SEll ER AND PURCHASER
AS FOLLOWS:
1. Premises.
Seller agrees to sell to Purchaser and Purchaser agrees to purchase and accept the conveyance of
5415 Laurie Lane, Enola, Cumberland County, Pennsylvania, 17025, as more particularly described
in Deed Book U, Vol. 21 Page 602, Cumberland County Recorder of Deeds Office, parcel 10-14-
°842-068.
-
2. Sales Price.
The purchaser agrees to pay to Seller as full consideration the sum of One Hundred Twenty Five
Thousand Dollars ($125,000.00) and no cents, payable as follows:
$1,320.00 deposit check upon the execution of this agreement, receipt whereof is
hereby acknowledged and to be held in escrow by MILLER Lean LLC;
B. The remaining balance to be paid at settlement.
C. Settl mein, Closing the sale of the Property pursuant to this Agreement will be held
Dv e 00
on or before Wt - y of Sept 2012.
3-
A. Financing: Terminal Date for obtaining financing commitment: September 21,
2012.
B. Buyer shall make a completed application to a responsible lending institution for
the financing on or before September 12 2012. Should the Buyer fail to make such completed
application within the specified time, it shall be at the option of the Seller, within five (5) days
thereafter to:
(i) Declare this entire agreement NULL AND VOID and all deposit monies paid
on account will be forfeited to Seller as liquidated damages.
(ii) Failure by Seller to implement clause B. (i) above shall act as Seller's
acknowledgment that Buyer has an additional ten (ao) days in which to complete said application
for financing. No extension will thereafter be granted by Seller to Buyer.
4. Personal Property and Fixtures. Included in this sale are all existing items
permanently installed in the property, free of liens, and other items including plumbing; heating;
radiator covers; lighting fixtures; electrical animal fencing systems (excluding collars); garage door
Contingencies. This Agreement is contingent upon the following:
openers and transmitters; television antennas;
unspotted shrubbery, plantings and trees; any
remaining heating and cooking fuels stored on
the property at the time of settlement; smoke
detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to
wall carpeting; existing window screens, storm windows and screen/storm doors; window covering
hardware, shade and blinds; awning; built-in air conditioners; built-in appliances; therang%ven
unless otherwise states; and, if owned, water treatment systems '
, propane tanks, satellite dishes
and security systems. Also included:
all kitchen appliances; w eer er F-j<E ELCrC L e-hlia
S- Proration. Real estate taxes for the current tax year and all charges
e.
municipal services shall be prorated between Seller and Purchaser as of the actual date of closin tike
6. Transfer Tax. All state and local g
transfer tax to which the conveyance of this
Property is subject will be divided and paid equally by the Purchaser and Seller_
7. Default, TIME IS OF THE ESSENCE: The said time for settlement and all other
items referred to for the performance of any of the obligations of this Agreement are hereby agreed
to be of the essence of this Agreement.
If Purchaser fails to pay the purchase price in full and complete closing on or before the
date stated herein, other than for the failure of any contingencies as set forth above, all monies
paid on account of the purchase price by Purchaser shall be retained by Seiler as liquidated
damages for Purchaser's breach of this agreement, otherwise all monies paid on account shall be
returned to the Purchaser. If Seller is unable, after good faith effort, to convey to Purchaser title to
the Property of the quantity and quality required by this Agreement, then the Purchaser shall have
the option of tatting such title as the sellers can
give without abatement of price or of having all
monies paid by the purchaser on account of the purchase price returned to them and this
agreement will become null and void and the rights and obligations hereunder will be terminated
8. Possession. Possession of the Property is to be given at time of settlement
9- Title. Seller shall convey to Purchaser by special warranty deed, good and
marketable title to the Property insurable at regular rates by a Pennsylvania licensed title
insurance provider subject to building, zoning and deed restrictions, and easements of record
visible by inspection. None of the above exceptions to title shall materially and adversely affect
Purchaser's intended use and occupancy of the Property or the continued maintenance of the
improvements on the Property. If title does not meet the foregoing terms, Purchaser reserves the
right to terminate this agreement
10. Condition of Premise - Right of Inspection — AS IS.
Condition: It is understood that the property being sold is not new, and purchaser
acknowledges there are no representations by the Seller or any agent of the Seller regarding the
condition of the premises. Buyer is informed that the Seller is unaware of any latent defects in the
property, or any component thereof, including but not limited to the presence of urea
2
formaldehyde or asbestos insulation, sewers, foundation, structural conditions unless otherwise
mentioned in this agreement.
Inspection: Purchaser is hereby granted the right to inspect the premises including a
pest inspection, or to obtain inspection reports of qualified experts at their own expense.
n. Risk of Loss, The risk of loss or damage to the Property by fire or other casualty will
he accepted by Seller during the entire executory period of this Agreement If prior to final closing,
the Property is damaged by fire or other casualty, Purchaser will have the option of declaring this
Agreement mill and void and receiving return from Seller of all sums paid by Purchaser to Seller
on account of the purchase price, or of accepting the Property in damaged condition, completing
closing by paying the purchase price without abatement and receiving from Seller assignment of all
insurance proceeds obtained on obtainable by Seller.
12. Brokerage. Seller represents and warrants to Purchaser that Seller is not obligated
to pay any brokerage fees resulting from Purchaser's conveyance of the Property and Seller will
indemnify and defend Purchaser from and against any claims made by any person or entity for fees
or commissions pursuant to any alleged brokerage contract with Purchaser or for damages for
interference with any such contract
13. Entire Agreement. This writing contains the entire agreement of the Seller and
Purchaser. No modification of this Agreement will be effective and binding unless reduced to a
writing signed by both Purchaser and Seller.
14. Binding Agreement. This doerament is a legally binding agreement and will be
binding upon the heirs and assigns of Purchaser and Seller.
15. Approval. This Agreement is subject to the written approval of Seller by the
e't' day of September 2012.
WITNESS:
WITNESS:
SELLER:
3
59 7. ADDITIONS/ALTERATIONS Have any additions, structural changes, or other alterations been made to the property
60
61
62
63
64
65
66
67
68
69. •
70
71
72
73 8. WATER SUPPLY
74 (a) What is the source of your drinking water? _ Public Water �. Well on Property _ Community Water
75 — None Other (explain):
76 (b) When was your water last tested? tipf?Qc . 10 Y!?5 Test results. Gc1ck
77 If your drinking water source is not public, is the pumping system in working order? X Yes No
78 If "no," explain -
79 (c) Do you have a softener, filter, or other treatment system? , Yes No
80 If you do not own the system, explain:
81 (d) Have you ever had a problem with your water supply? , Yes X No
82 (e) Has your well ever run dry? _ Yes No _ Not Applicable
83- (f) Is there a well on the property not used 'as the primary` source of drinking water? Yes X No
84 If yes, is the well capped? _ Yes No
85 (g) Is the water system shared? _ Yes X No
86 (h) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system, and related items?
87 _ Yes X No
88 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
89
90
91 9. SEWAGE SYSTEM
92 (a) What is the type of sewage system? Public Sewer _ Individual On -lot Sewage Disposal System
93 Individual On -lot Sewage Disposal System in Proximity to Well Community Sewage Disposal System
94 _ Ten -acre Permit Exemption _ Holding Tank — None _ None Available/Permit Limitations in Effect
95 Other type of sewage system (explain):
96 (b) If individual On -lot sewage system, what type? _ Cesspool -_ Drainfield _ Unknown
97 ,_ Other (specify):
98 (c) Are there any septic tanks on the Property? X Yes _. No __.. Unknown
99 If "yes,' what type of tank(s)7 _ Metal/steel _ Cement/concrete _ Fiberglass Unknown
00 Other (specify).
01 (d) When was the on-site sewage disposal system last serviced? fJappc4 a..d no 106 CLPtcf, hook r( (r r S'u)t.'e.,
.02 (e) Are there any sewage pumps located on the property? _ Yes X No
03 If yes, type(s) of pump(s) Are pump(s) in working order? _Yes No
04 Who is responsible for maintenance of sewage pumps?
05 (1) Is the sewage system shared? _ Yes X' No
06 (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? — Yes No
07 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
.08
ownership? . Yes _ No
If yes, list additions, structural changes, or alterations
. (use additional sheets if necessary).
Approximate
date of work
Were permits obtained?
(Yes/No/Unknown)
Were final inspections/approvals
obtained? (Yes/No/Unknown)
r2 a nR — (2,a.2 POZA-
ri14 lctfsv
Yes
`rc.5
Note to Buyer: The PA Construction Code Act, 35 P.S. §7210.101 et seq. (effective 2009), and local .codes establish standards for building and
altering properties. Buyers should check with the municipality to determine if perndts and/or approvals were necessary for disclosed work and if
so, whether they were obtained Where required permits were not obtained, the municipality might require the current owner to upgrade or remove
changes made by prior owners. Buyers can have the property inspected by an expert in codes compliance to determine if issues exist. Expanded
tide insurance policies may be available for Buyers to cover the risk of work done to the property by previous owners without a permit or approval.
09 10. PLUMBING SYSTEM
10 (a) Type of plumbing (check all that apply): )( Copper Galvanized — Lead PVC Polybutylene pipe (PB)
.11 _ Mixed Unknown — Other (explain):
12 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to; kitchen, laundry, or bath -
13 room fixtures; wet bars; etc.)? .__ Yes , ... No
14 If "yes," explain:
15 11. DOMESTIC WATER HEATING
16 (a) Type of water heating: _ Electric Natural Gas . Fuel Oil _ Propane Solar Summer/Winter Hook -Up
17 Other (explain):
18 (b) Are you aware of any problems with any water heater or related equipment? Yes`: No
19 If "yes," explain'
20 Buyer Initials: Date SPD Page 2 of 5 Seller Initials:
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Date !•�—�c'/.
Zitsch
.21 12. AIR CONDITIONING SYSTEM
.22 (a) Type of air conditioning: ____ Central Air _ Wa11 Units _ Window Units 4. None
.23 Other (explain)'
.24 Number of window units included in sale Location(s)
.25 (b) Age of Central Air Conditioning System: Unknown Date last serviced, if known
26 (c) List any areas of the house that are not air conditioned: I-(-^
27 (d) Are you aware of any problems with any item in this section? _ Yes _ No
28 If "yes," explain:
.29 13. HEATING SYSTEM
.30 (a) Type(s) of heating fuel(s) (check all that apply):_ Electric Fuel Oil _ Natural Gas Propane
.31 Coal Wood _ Other:
.32 (b) Type(s) of heating systan(s) (check all that apply): _, Forced Hot Air X Hot Water _ Heat Puinp
33 Electric Baseboard - Steam _ Wood Stove (How many? _ ) Coal Stove (How many? )
.34 _ Other:
.35 (c) Age of Heating System: 1 ?&(D _ Unknown Dale last serviced, if known Rug fq, 24 I : .
.36 (d) Are there any fireplaces? -_-_ Yes ...X.. No If "yes," how many? Are they working? _ Yes _ No
.37 (e) Are there any chimneys (from a fireplace, water heater or any other heating system)? X__ Yes _ No
.38 If "yes," how many? 1 When were they last cleaned? Unknown .?�
39 Are they working? 1 Yes _ No 1f no, explain:
.40 (f) List any areas of the house that are not heated:
41 (g) Are you aware of any heating fuel tanks on the property? Yes ,_. No
.42 Location(s), including underground tank(s):a.,se..(t'►farit
.43 If you do not own the tanks, explain:
44 Are you aware of any problems or repairs needed regarding any item In this section? _ Yes L No
' '.45 If "yes," 'explain'. '
.46
.47 14. ELECTRICAL SYSTEM
.48 (a) Type of Electrical System: _ Fuses A Circuit Breakers How Many Amps?
.49 (b) Are you aware of any knob and tube wiring in the home? _ Yes k No
.50 Are you aware of any problems or repairs needed in the electrical system? _ Yes No
.51 If "yes," explain -
.52 15. OTHER EQUIPMENT AND APPLIANCES
53 This section must be completed for each item that will, or may, be sold with the property. The fact that an item is listed does
.54 not mean It is included in the Agreement of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will
.55 determine which items, if any, are included in the purchase of the Property.
.56 (a) _ Electric Garage Door Opener Number of Transmitters Keyless Entry _
57 (b) _y_ Smoke Detectors How many? /2 Location(s) RA 114 -- VI/1g e-vhP,...i-
58 (c) ! Security Alarm System _ Owned - Leased (Lease Information )
.59 (d) „ Lawn Sprinkler(s) How many? Automatic Timer___
.60 (e) - Swimming Pool _ Hot Tub/Spa. _ Pool/Spa Heater - Pool/Spa Cover ,^ Whirlpool/Tub
.61 _, Pool/Spa Equipment and Accessories (list): ' ' '
.62 (f) .. . Refrigerator(s) .L Range/Oven .2CMicrowave, Oven _ Dishwasher _ Trash Compactor
.63 ). Garbage Disposal Chest Freezer _ Washer _ Dryer Intercom
64 (g) - Ceiling Fan(s) How many? P. Location(s) Liu( k'e,l rn 0/2(u i-4(..
65 (h) _- Awnings _ Attic Fan(s) ....X. Satellite Dish _X Storage Shed ._ Deck(s) _ Electric Animal Fence
.66 (i) _ Other:
67 Are you aware of any problems or repairs needed regarding any item in this section? ! Yes X No
.68 If "yes," explain:
.69 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES)
70 (a) Land/Solls
71 1) Are you aware of any fill or expansive soil on the property? Yes 7( No
72 2) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have
73 occurred on or affect the property? _ Yes No
74 3) Are you aware of any existing, past or proposed mining, strip-mining, or any other excavations that might affect this
75 property? w Yes .. No ' • _ .
.76 Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mites where mine subsidence
77 damage niny occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsidence
78 Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within Pennsylvania) or
.79 (724) 769-1100 (outside Pennsylvania).
30 Buyer initials: Date SPD Page 3 of 5 Seller Initials: .)/-"• Date 9.4 -:frit /z
Unknown
Produced with ZpForrne by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwa"zioloahc.com Zitsch
81 4) Is the property, or a portion of it, preferentially assessed for tax purposes, or subject to limited development rights?
83 _ Yes ),No if "yes", check all that apply below:
83 _ Farmland and Forest Land Assessment Act - 72 P.S.§5490.1 ct seq. (Clean and Green Program)
84 _ Open Space Act - 16 P.S. §11941 et seq.
85 — Agricultural Area Security Lnw - 3 P.S. §901 et seq. (Development Rights)
86 Other
87 Note to Buyer: Pennsylvania has enacted the Right to Farm Act (3 P.S. § 951-957) in an effort to limit the circumstances under which agricultural
88 operations +nap be subject to nuisance suits or ordinances. Buyers are encouraged to investigate whether any agricultural operations covered by
.89 the Act operate in the vicinity of the property.
.90 5) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or
91 have you received written notice of sewage sludge being spread on an adjacent property? Yes X_ No • •
92 6) Are you aware of the transfer, 'safe and/or lease of arty of the following property rights (by you or a previous owner of the
.93 property)? _ Timber _ Coal i Oil Natural Gas Other minerals
94 Note to Buyer: Before entering into an agreement of sale, Buyer can investigate The status of these rights by, among other means, engaging legal cowl -
.95 sel, obtaining a title examination of unlimiled years and searching the official records in the county Office of Ore Recorder of Deeds, and elsewhere. Buyer
96 is 01,ro advised to investigate the terms of any existing leases, as Buyer any be subject to terns of those leases.
97 Explain any "yes" answers in this section:
98
.99 (b) Flooding/Drainage
!00 1) Is any part of this property located in a wetlands area or a FEMA flood zone? _ Yes X_ No _ Unknown
!01 2) Do you know of any past or present drainage or flooding problems affecting the property? Yes �(. No
1.02 Explain any "yes" answers in this section, including dates and extent of flooding:
!03
1.04 (c) Boundaries
105 1) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes No
106 Note to Buyer: Most properties have.easements for utility .services and other reasons. These easements generally do not restrict the ordinary use of the. ._
!07 property and Sellermay not be aware of them. Before entering into an agreement of sale, Buyers can investigate the existence ofeosements and similar
t08 restrictions by ordering an Abstract of Title or searching the official records in the county Office of the Recorder of Deeds.
109' 2) Do you access the property from a private road or lane? _. Yes ,S, No
!10 If yes, do you have a recorded right of way or maintenance agreement? Yes No
!I 1 3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements?
112 _ Yes X No
!13 Explain any "yes" answers in this section.
'-14
!15 17. HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES
!16 (a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? _ Yes No
!17 (b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited to,
118 asbestos or polychlorinated biphenyls (PCBs), ctc? _ Yes No
'.19 (c) Are you aware of any tests for mold, fungi, or indoor air quality in the property? , Yes -)L No
120 (d) Other than general household cleaning, have you taken any efforts to control or remediate mold or mold -like substances in the
!21 property? Yes ., No
!22 Note to Buyer: Individuals may be affected differently, or not at all, by mold contamination. If mold contamination or indoor air quality is a concern,
'.23 buyers are encouraged to engage the services of a qualified professional to da testing. Information on this issue is available from the United States
!24 Environments! Protection Agency and may be obtained by contacting IAQ INFO, P.O. Box 37133, Washington,D-C. 20013-7133, 1-800-438-4318.
125 (e) Are you aware of any dumping on the property? Yes X No
126 (0 Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any
127 adjacent property? _ Yes 2S,- No
128 (g) Are you aware of any tests for radon gas that have been performed in any buildings on the property? _ Yes YNo
129 If "yes," list date, type, and results of all tests below:
!30 DATE TYPE OF TEST RESULTS (picocurics/liter or working levels) NAME OF TESTING SERVICE
!31
!32
h-33 (h) Are you aware of any radon removal system on the property? Yes K. No
h.34 If "yes," list date installed and type of system, and whether it is in working order below:
!35 DATE INSTAI I ED TYPE OF SYSTEM PROVIDER WORKING ORDER?
136 Yes _ No
!37 _ Yes No
!38 (i) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the
139 property. Arc you aware of any lead-based paint' or lead-based paint hazards on the property? _ Yes X No
140 if "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces:
!41
!42
!43 Buyer Initials: Date SPD Page 4 of 5 Seller Initials: 11 I%)-. Date - a fF
Produced with ZipForrn® byzipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48028 vrnw.zioLoaix.com
Zitscb
!44 (j) If property was constructed, or if construction began, before 1978, you must disclose any rcports or records of lead-based paint
'.45 or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based
146 paint hazards on the property? _ Yes , No
147 if "yes," list all available reports and records:
'.48 (k) Are you aware t j esting on the property for any outer hazardous substances or environmental concerns? _ Yes XNo
'49 (I) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property?
150 _ Yes 4N
151 Explain any "yes" answers in this section:
!S2
153 18. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATJONS (Complete only if applicable)
''-54 Type: _ Condominium _ Cooperative _ Homeowner Association or Planned Cominunity
155 • Other:
156 Notice regarding Condominiums, Cooperatives, and Planned Communities: A buyer of a resale writ in a condominirun, cooperative, or planned
t57 community roust receive a copy of the declaration (other than the plots and plans), the by-laws, the odes or regulations, and o certificate of resale issued
158 by the association in the condominium, cooperative, or planned community. Buyers may be responsible for capital contributions, initiationfees orslrn-
'.59 ilar one-time fees in addition to regular monthly rnainrenance fees. The buyer will have the option of canceling the agreement with the return of all
'.60 deposit monies until the certificate has been provided to the buyer and for five days thereafter or wail conveyance, whichever occurs first.
'.61 19. MISCELLANEOUS
!62 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the property?
163 Yes 1, No
'.G4 (b) Are you aware of any existing or threatened legal action affecting the property? _ Yes �- No
165 (c) Are you aware of any violations of federal, state, or local laws or regulations relating to this property? _ Yes X No
166 (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain
!67 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? _ Yes No
!68 (e) Are you aware of any judgment, encumbrance, lien (for example, co -maker or equity loan), overdue payment on a support obli-
:l69 • ..gation, or 'other debt against this property.that cannot be satisfied by the proceeds of This sale? _ Yes No ' -
170 (f) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the
!7l property? _ Yes No
172 (g) Are you aware of any insurance claims filed relating to the property? _ Yes No
!73 (h) Aro you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form?
174 Yes No
175 A material defect is a problem with a residential real property or any portion of it that would have a significant adverse impact
!76 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural element,
!77 system or subsystem is at or beyond the end of normal useful life of such a structural element, system or subsystem is not by
!78 itself a material defect.
1.79 Explain any "yes" answers in this section:
'.80
-81
'.82
!83
!84
'.85
The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best
of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop-
erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION
CONTAINED IN THiS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form
which is rendered inaccurate by a change In the condition of the property following completion of this form.
'86 WITNESS SELLERz:: :C%9fit2:,1,J••'L. ' ..i'�'%'rl•� ;?w_! DATE Q.
d
!87 WITNESS SELLER DATE
!88 WITNESS SELLER DATE
!89
!90
!91
!92
!93
!94
'.95
!96
97
!98
!99
400
401
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required
to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate-
rial defect(s) of the property.
DATE
RECEIPT AND ACKNOWLEDGEMENT BY BUYER
The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a
warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing- this property- to 'its-prestni condition. 1t
is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property
be inspected, at Buyer's expense and by qualified professionals, to determine the condition of the structure or its components.
WITNESS BUYER DATE
Connie I, Zitsch
WITNESS BUYER DATE
Wl TN ESS BUYER DATE
SPD Page 5 of 5
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RESIDENTIAL LEAD-BASED PAINT HAZARDS DISCLOSURE FORM
This form recommended and oppr0ved for, but not restricted to use by, the members of dye Pennsyhania Association of RLALTORSO (PAR).
THIS FORM MUST BE COMPLETED FOR ANY PROPERTY BUILT PRIOR TO 1978
LPD
PROPERTY , -e/1.y Lau 7e t c_ Lei c ,_ .'iv (4t P'l 17/a5
r_
SELLER Lire rPs 1 i ri e H • 1) e',(Y1G,g.AFc-i' 1
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that
such property may prcscnt exposure to lead from lead-based paint that may place young children at risk of developing lead poi-
soning. Lead poisoning in young children may produce permanent neurological damage, including lemming disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
The Seller of any interest in residential real properly is required to provide the• Buyer with any infonnalion on lead-based paint
hazards From risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint haz-
ards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
SELLER'S DISCLOSURE
.186 . /:.-" . - Seller has no knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property.
/ Seller has knowledge of the presence of lead-based paint and/ot lead-based paint hazards in or about the Property. (Provide
the basis for deennining that lead-based paint and/or hazards exist, thc location(s), the condition of the painted surfnees, and
other available information concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.)
SELLER'.S.RECORDS/REPORTS
•.. )4' Lt 7 ' `` '- 'Seller has no records or reports pertaining to lead-based paint and/orlead•based paint hazards in or about the Property
/ Seller has provided Buyer with all available records and reports regarding lead-based paint and/or lead-based paint hazards in
or about the Properly, (List documents):
Seller certifies that to the bels of g"leer'.s knowledge, the above statements are true an accurate: ,:: ,:;. .. - >-(•:'" ` -
WITNESS � 't,,Orjr is °H�,J �?�° "• SELLER (a - LL) '+` ,c. d >; i'J .t`.r1J.r. DATE o'-
WITNESS SELLER DATE
WITNESS SELLER DATE
AGENT ACKNOWLEDGEMENT AND CERTIFICATION
Agent/Licensee represents that Agent has informed Seller of Seller's obligations under the Residential Lead -Based -Paint
Hazard Reduction Act, 42 U.S.C. §4852(d), and is aware of Agent's responsibility to ensure compliance.
The following have reviewed the information above and certify that the Agent statements are true to thc best of their knowledge and belief.
Seller Agent and Buyer Agent must both sign this form. 1 /�
BROKER FOR SELLER (Company Name) //
LICENSEE / A' / Ir • DATE
r••
BROKER FOR BUYER (Company' Name) =: ; i:. '• ::.-. :. ."•. , ., ., , ... .
... ... :.:ATE 4:.
LICENSEE ,...: -....w.. :.. _
.... .. ..:: .'...,'
BUYER C9nnie L Zi,tsrch
DATE OF AGREEMENT September 5, 2012
BUYER'S ACKNOWLEDGMENT
/ Buyer has received thc pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement.
/ Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards and has received the records
and reports regarding lead-based paint and/or lead-based paint hazards identified above.
Buyer certifies that to the best of Buyer's knowledge the above statements are true and accurate.
WITNESS BUYER DATE
Connie L Zitsch
WITNESS BUYER DATE
WITNESS ... . . BUYER'. DATE
ennsylvania Association of REALTORS°
RSP. REALTORS, LLC 3 Lanome Drive Lemoyne, PA 17043
Teri Wdim-Barrick
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®, 2010
1/1I)
Plane 717.763.1212 132 Ns: 117.763-1656
Produced with ZipFormm by zipLogia 18070 Fifteen Mile Road, Fraser, MicMgen 48026 a eN.2.1sLooin.
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PROPOSAL
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PROPOSAL SUBMITTED TO:
NAME
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ADDRESS
PHONE NO.
PROPOSAL NO.
SHEET NO.
DATE/ ./.-o/3
WORK TO BE PERFORMED AT:
ADDRESS
DATE OF PLANS
ARCHITECT
We hereby propose to furnish materials and perform the labor necessary for the completion of
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All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications .
submitted for above work, and completed in a substantial workmanlike manner for the sum of
00
Dollars ($ j
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with payments to be made as follows: 41/A1 4.40e/e -Sr/647'5
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Any atteration or deviation from above specifications involving extra Respectfully submitted:
costs will be executed only upon written order, and will become an
extra charge over and above•the estimate. All,agreements contln- . • • '
, . .
gent upon strikes, accidents., or delays beyond our control. Per
Note -this proposal may be withdrawn by us il not accepted within
days.
The above prices, specifications and conditions are satisfactory and are hereby accept . You are authoriz d tgEo the work as specified.
Payments will be made as outlined above.
Date 7--,-0/1/43
A-08118 / 7-46118
ignature(
gnature
INSPECTION AGREEMENT
Limitations and Explanations
'rhis agreement is between the client whose name and the address of the building to be inspected is on page nvo of this
aereement, and The Inspection Center by Mike Biechler Inc. The inspection Center by Mike Biechler Inc. will be referred to in
this agreement as "Inspection Center" and the word client will be used in place of the client's formal name.
2. The client agrees and understands that this home inspection report is not a warranty or guarantee of condition of any single
component or building as a whole. The inspection and inspection repots is a ecneral evaluation of the condition of the building at
the time of the inspection only. A component or system may operate correctly today and fail tomorrow. If you have any specific
concent about any part of the home, you are advised to seek a professional in that area. We do not bore, poke, pry or do anything
that may cause any type of damage to the property. We do not move furniture, personal items, drop ceiling tiles. floor coverings
or access covers. Any problem(s) found after the home inspection that arc under or behind these items arc considered concealed
defects) and excluded from liability to the Inspection Center and its inspectors.
If the inspector states that an arca is not viewed, not accessible or that a system is not operated, the system or arca is considered
not inspected and the Inspection Center and its inspectors have no liability. If the client wants these areas to be inspected.at a
later date, it is the responsibility of the client lo schedule this inspection.
The client agrees and understands that the home inspection and report shall be performed in accordance to ASHi (American
Society of Horne inspectors) Standards, The inspector(s) conducting the home inspection is (arc) a member of AS1-il or NAHi
(National Association of Home Inspectors) or is supervised by a member of said association. The inspectors used by inspection
Center arc compliant with PA Act 114. No inspector that docs work for this company is a licensed structural engineer. Any
comment made about thc stntcture of the property is based on the inspector's personal experience and general construction
pract ices.
The purpose of the home inspection is to identify "Material Defects" as defined in PA Act 114. "A problem with a residential
real property or a portion of it that would have a significant adverse impact on the value of the property or that involves an
unreasonable risk to the people on the property. The fact that a structural clement, system or subsystem is at or beyond its normal
useful life is not by itself a Material Defect". The Inspection Center and the inspectors will only be held liable for Material
Defects as defined in PA Act 114.
h. The client agrees that it is their responsibility to let the inspector and Inspection Center aware of any specific health problems.
We cannot be liable for client's health problems that may be associated with specific conditions in a building.
7. The client understands and agrees that they must read the report in its entirety. Anything on the report may be a concern to the
client. It is the responsibility of the client to have these concerns further evaluated.
The client understands and agrees that thc building inspection and report is not a substitute for a seller's disclosure. The home
inspection process docs not remove the responsibility or liability that a seller has for proper disclosure of past or existing
problems. The Inspection Center will not be held liable for lack of proper discloser by the seller.
The client agrees and understands that this home inspection is for the clients benefit only. The inspection and inspection repos is
riot produced to protect any third party including lender or insurance company. The Inspection Center will have no liability to
any third party that was given a copy of the inspection report. if client provides inspection to any third party the client assume all
liability of the inspection and agrees to pay for all legal cost to defend the Inspection Center.
10. The client understands that we recommend them staying with the inspector during the home inspection so you understand what
was inspected. We do not recommend you go in the attic or onto thc roof. It is thc client's responsibility to bring any concerns
they have to the inspector's attention. The client agrees and understands that anyone attending the home inspection does so at
their own risk. The client accepts full responsibility of any personal injury to any panics attending the home inspection or
property damage caused by people attending the inspection.
11 The home inspection report will be released to the client and the real estate agent working with the client only. If the client docs
not want the repos released to the real estate agent working with them, they must let the Inspection Company know in writing.
12. If any cost estimates are requested by the client, the client understands that these costs are based only on the past experience of
the inspector. The client will not hold the Inspection Center or the inspector liable for any cost estimates. The client understands
that any cost estimates given by the inspector should not be used as a negotiating tool because of the possibility of being
inaccurate. The client should get estimates for repairs by contractors able to perform the repairs. It is possible that further
evaluation or even exploration behind materials may be needed for a contractor to give a valid estimate.
13. Unless arrangements are made a head of time, the inspection report will not be released to the client until the inspection fee(s) are
paid in full. if payment is allowed to be delayed the client understands that any balance not received within 30 days will have a
10% service fee added plus 5% per month based on balanced remaining.
Revision 3/Z010
EXHIBIT
Page 1
INSPECTION AGREEMENT
14. The client understands that the following items arc not included in the standard home inspection unless agreed upon in writing at
thc bottom of page two. The items excluded are as follows: appraisal, environmental hazards or toxic chemicals, air quality,
radon gas, water quality or water quantity, water pressure. molds, asbestos, formaldehyde, lead or lead based paint. rodents,
insects. wood destroying insects, underground tanks. under ground water lines including main water supply lines and waste lines,
sprinkler systems, water treatment systems. wells or well pumps, septic systems, cistern. fire suppression systems, smoke alarms
or detectors, carbon monoxide detectors, security systems, elevators, central vacuum systems, speaker or intercom systems, low
voltage wiring, underground wiring, swimming pools, hot tubs, saunas, tennis courts, detached buildings including sheds, yard
toys. trees, shrubs. overhead wires, property lines, building codes. maintenance codes. zoning. electromagnetic radiation or fields,
interior of chimney or chimney flues, furnace heat exchanger, solar panels or heaters. wood or coal or pellet stoves. evidence of
past or present animal wastes or urine. If you would like or need any of the above mentioned items inspected, you can hire the
Inspection Center as an "add on" inspection if possible or hire a professional of your choice.
15. As stated in the home inspection law, PA act 114 Section 7512 the client must commence any action for damages arising ort of
the home inspection or any inspection agreed upon in this contract within one year from the date the inspection was performed.
16. If there is any problem found after the home inspection is perforated it is the responsibility of the client to notify thc Inspection
Center within 24 hours and allow our inspector hill access to evaluate the problem before it is repaired or altered. If the client
fails to notify the Inspection Ccntcr within 24 hours or fails to give the Inspection Center full access prior to any repair being
performed. the Inspection Ccntcr will not be liable.
17. The client agrees to settle any dispute arising from the home inspection or home inspection report shall he submitted to final and
binding arbitration under the rules and procedures of the expedited arbitration of home inspection disputes of Construction
Arbitration Serviced inc. At least one arbitrator must he a member in good standing of the American Society of Home inspector
(AS1-1I) and/or National Association of Home Inspectors (NAHI).
18. lithe Inspection Ccntcr or its inspector is found liable or negligent for the failure to find a problem or prepare the report properly,
the client agrees and understands that the Inspection Center and its inspectors arc limited to the cost of the home inspection fee.
19. If any section or provision of this agreement is found to be invalid, unenforceable or voidable, thc remaining sections or
provisions of this agreement shall remain in full force and effect. This agreement contains all the terms and conditions between
the client and the inspection Ccntcr.
Full Home inspection $ F.75 1 ,n 0 Mold"festing
"(Wood infestation Inspection $ L/` ( C) ❑ E.IF.S Inspection
Radon Testing $ t lc , o!) 0 Other $
Water Quality • $ /65.; e.00 - 0 Other
Total Cost $ %'J• -'") (ducat the time of inspection)
inspection`
Client
dress
L
..)[ 1'/ 3 /_
� �� � •
•
Signature
sr-: �j)l�m
lrr270ate 1 4 ,x,-1.7 fir,
,.kiAttl A_.L i
Print Name
The person signing this document is stating that he/she is authorized to sign this agreement by any principals involved. „.By
signing this document I am stating that 1 have read and agree to its terms and conditions. I understand that 1 have the right to
negotiate this agreement or cancel the inspection at this time and hire another inspection company.
Inspector
Signature
J
Name
AS IS ri _- Z Z)2
Membership Number
Revision 3/2010
Page 2
INSPECTION CENTER
by Mike Biechler Inc.
Mike Biechler — Inspector, Tester
Terry Spalti — Inspector, Tester
Matt Muehling — Inspector, Tester
Bill To:
Connie Zitsch
DESCRIPTION
•INVOICE
Full Home Inspection
Wood Pest Inspection
EIFS Inspection
Radon Testing
Water Testing
Mold Testing
Date: August 31, 1012
Inspection Site:
5415 Laurie Lane
Enola, PA
Full Home inspection
Wood Infestation Inspection
Radon Test
Water Test — Bacteria & Chemical
• $ 275.00
$ 45.00
$ 95.00
$ 165.00
TOTAL
$ 580.00
Payment
Payment is due at the time of Inspection.
Checks should be made payable to The Inspection Center.
Credit Card Info:
Name on Card: Phone #
mid or Visa # Exp. Date
Address
2466 Roundtop Road, Middletown, PA 17057
Office (717) 944-4190, Fax 866-661-1209
www.ThelnspectionCenter.com
5415 Laurie Lane, Enola
INSPECTION CENTER
by Mike Biechier Inc.
Mike Biechier Inspector, Tester
.Terry Spalti Inspector; Tester
Matt Muehling — Inspector, Tester
Start Time: 4:00
Inspection Date: 9-5-2012
Customer: Connie Zitsch
Person(s) Present: Buyer, Seller
Age of House: 30+/ -
Precipitation: Recent Rain
Occupied
SERVICES:
Full Home Inspection
Wood Pest Report
Radon Test
Water Test
Mold Test
Other
COST
$ 275.00
$ 45.00
$ 95.00
$ 165.00
$ -
$ -
TOTAL $ 580.00
Full Home Inspection
Wood Pest Inspection
EIFS Inspection
Radon Testing
Water Testing
M�Id Testing
Finish Time: 6:00
Inspector: Matt Muehling
Temperature: 80
Paid: CC
2466 AOuhdtop Road; Middletown, Pa. 17057
Phone (717) 944-4190 • Fax (866) 661-1209
www.The InspectionCenter.Com
Inspection Center by Mike Biechier Inc. 717-944-4190
Page 1 of 11
3
5415 Laurie Lane, Enola
SUMMARY
This summary page is a list of any major problems found during the home
• inspection. It should be understood that 'any item pointed outin this' iiepOrt can
become a major problem if not repaired. The list of Major problems below is
based on the definition of "Material Defect" as written in Pennsylvania Act 114.
MAJOR CONCERNS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
replaced._
The clay liner in the chimney is cracked and deteriorated.
There is cracked and loose tile in the shower surround. There are
several areas with missing mortar.
• The main electric panel box is a Federal Pacific. Some insurance
companies will not insure a house with this type of box. One
problem that these breakers have is that the breakers may not trip
when overloaded. It is recommended that the main electric panel
box be replaced.
•
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 2 01 11
5415 Laurie Lane, Enola
STRUCTURE
House Fouhdation Walls: Blcck
House Foundation Floor: Concrete
House Support Columns: Metal
House Wall Framing Materiel: Wood
House Floor Framing Material: Wood Joists
Attic Accew Hatch
House Roof: Trusses
MAJOR PROBLEMS
NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MiNaR PROgLEM.S
ADDITIONAL OBSERVATIONS
• There are a few cracks in the foundation walls. Appear to be from
common settlement of the house.
• There are a few cracks in the basement floor. Appear to be from
common shrinkage of the concrete.
• There is some staining on the framing around the chimney visible in
both the attic and basement. The stains were dry at the time of
inspection.
• _ • • ,
Inspection Center by Mike Biechier Inc. 717-944-4190
Page 3 of 11
House Roof: Asphalt Shingles
Roof Inspection Method: Walked
Chimney Material: Block
Gutters: Aluminum
ding Material: Metal, Brick
Driveway_Material: Asphalt
5415 Laurie Lane, Enola
EXTERIOR
MAJOR PROBLEMS
• There are several cracked, torn, and missing asphalt shingles on
the roof. The shingles have a significant amount of granule loss
and are curling at the edges. Recommend the shingles be
.replaced.. • • •
• The clay liner in the chimney is cracked and deteriorated.
MINOR PROBLEMS
• There is rotted wood on the carport and rear sheds. The floor is
rotted in the rear shed.
• The masonry crown on the top of the chimney is cracked.
Recommend the crown be replaced to prevent further damage to
the chimney.
• The sill on the left window on the right side of the house is rotted at
the left corner.
• The trim around..the basement windows on the right side of the
house is rotted.
• The brick at the right side of the brick ledge along the front of the
house is loose,
ADDITIONAL OBSERVATIONS
• Maintain paint on exterior wood trim.
• Keep trees and shrubs trimmed back off the house.
• The front concrete stoop has settled and slopes back towards the
house.
• There is a fungus growing on the shingles.
• Keep gutters clear of debris.
• There are a few cracks in the carport floor. Appear to be from
common shrinkage of the concrete.
• The shrubbery is very dense along the rear of the house.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 4 of 11
. 5415 Laurie Lane, Enola
BASEMENT / CRAWL SPACE / SLAB
Basement
Finished Basement: Partial
Finished Flooring: Vinyl, Carpet
Insulated Walls: Partial
Water Control Measures: Dehumidifier
Heated: Partial Windows exterior Door
Finished We Material: Paneling,.Drywall
MAJOR PROBLEMS
• NO MAJOR PROBLEMS FOUND AS DEFINED IN PA ACT 114
MINOR PROBLEMS
ADDITIONAL OBSERVATIONS
• The age of the house and construction method never intended on
providing a dry basement. There is some staining on the paneling
in the basement. No water on the floor at time of inspection.
• Recommend operating a dehumidifier in the basement.
• Recommend adding railing to the open side of the basement stiars.
Inspection Center by Mike Biechler Inc. 717-944-4190
Page 11 of 11
Darrell C. Dethlefs, Esquire - ' C;T1wr ,f.
I D#58805 r A UG" 2$ P'4 2
L u= �
Dethlefs-Pykosh Law Group, LLC
2132 Market Street CUMBERLAND COUNI Y
Camp Hill, Pennsylvania 17011 PENNSYLVANIA
Telephone—(717)975-9446
Fax—(717)975-2309
ddethlefs@aol.com
CONNIE L. ZITSCH, COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, and individual, Civil Action — Law
and INSPECTION CENTER BY MIKE
BIECHLER, a Pennsylvania business JURY TRIAL DEMANDED
Corporation,
Defendants
RESPONSE TO DEFENDANT'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Connie L. Zitsch, by and through her attorneys, Dethlefs-Pykosh
Law Group LLC, by Darrell Dethlefs, Esquire, and files the within Response to Defendant's
Preliminary Objections to Plaintiff's Complaint and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Paragraph 7 is a conclusion of law which does not require a response.
8. Paragraph 8 is a conclusion of law which does not require a response.
9. Admitted. By way of further response, Plaintiff has incorrectly stated the law. Pa. Rule of
Civ. Proc. 1028(a)(6) permits a preliminary objection for pendency of a prior action or
agreement for alternative dispute resolution. The Uniform Arbitration Act, 42 Pa. C.S.
7304 allows the assertion of an Arbitration Agreement by way of a Petition to Compel
Arbitration. Further, Defendant has failed to timely raise this objection. As required by
Pa. R. Civ. Proc. 1028(b), "All preliminary objections shall be raised at one time."
Defendant submitted preliminary objections on August 13, 2013. While Plaintiff filed an
amended complaint on ..., the substance of the amendment was to adjust the damages
requested based upon new information received for estimated cost of repairs.
Defendant's objection based upon the alleged agreement for alternative dispute
resolution is not relevant to the changes made in the amended complaint and therefore
should have been raised with Defendant's August 13, 2013 Preliminary Objections.
10. Paragraph 10 is a conclusion of law which does not require a response. To the degree a
response is required; it is denied that Plaintiff's Complaint against the Inspection Center
should be dismissed. Defendant has failed to timely raise this preliminary objection.
WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's
Preliminary Objections to Plaintiff's Amended Complaint.
Respectful ubmitted,
Dated:
Darrell C. Dethlefs, Esquire
Dethelfs- Pykosh Law Group, LLC
Attorney ID#58805
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717) 975-9446
Attorney for Plaintiff
IN THE SUPERIOR COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA
Appellant
V. Docket No: 1163 MDA 2014
THERESA MARY CARCHIDI
Appellee
CERTIFICATE OF SERVICE
I hereby certify that on this day, the 20OK of 2014, I am serving the
foregoing document upon the persons and in the manner indicated below, which service
satisfies the requirements of the relevant Rules of Criminal Procedure and Appellate Procedure:
Service by First Class Mail, addressed as follows:
Darryl J. Liguori, Esquire
Smigle, Anderson &Sacks, LLP
4431 North Front Street, 3rd Floor
Harrisburg, PA 17110
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
Respectfully Submitted,
Hannah R. Suhr, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
hsuhr@dplglaw.com
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Connie L. Zitsch
vs.
Caroline H. DeMartyn and Inspection Center by Mike Biechler <,
13-3749 7f
Civil
No. erfn
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.): Inspection Center's Preliminary Objections to Amended Complaint
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Nicole L. Javitt, Esq. or Darrell C. Dethlefs, Esq., Dethlefs-Pykosh Law Group, LLC
(Name and Address)
2132 Market Street, Camp Hill, PA 17011
(b) for defendants:
Darryl J. Liguori, Esq., Smigel, Anderson & Sacks, LLP
(Name and Address)
4431 N. Front Street, 3rd Floor, Harrisburg, PA 17110
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: September 26, 2014
Date: August 29, 2014
Signature
Darryl J. Liguori, Esq.
Print your name
Inspection Center by Mike Biechler
Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
eta,.
3J 5_7
CONNIE L. ZITSCH,
Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v. No: 13-3749 CIVIL
CAROLINE H. DEMARTYN, and individual, Civil Action — Law
and INSPECTION CENTER BY MIKE
BIECHLER, a Pennsylvania business JURY TRIAL DEMANDED
Corporation,
Defendants
PRAECIPE ENTRY OF APPEARANCE
To the Prothonotary:
Please enter my appearance for the defendant in the above captioned case.
Hannah R. Suhr, Esquire
ID No: 311181
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011-4706
717-975-9446
hsuhr@dplglaw.com
Respectfully Submitted,
Hannah R. Suhr, Esquire
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
hsuhr@dplglaw.com
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CONNIE L. ZITSCH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 13-3749 CIVIL
-70
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IN RE: DEFENDANT INSPECTION CENTER BY MIKE BIECHLER, IN .'&s
PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT
CAROLINE H. DEMARTYN and
INSPECTION CENTER BY MIKE
BIECHLER, INC.,
Defendants
BEFORE HESS, P.J. and PLACEY, J.
ORDER
AND NOW, this S` day of November, 2014, upon consideration of Defendant
Inspection Center's preliminary objections, briefs by parties, and oral argument on the
matter, the Court being satisfied that Defendant Inspection Center has gained no undue
advantage nor has Plaintiff suffered any prejudice, see GE Lancaster Invs., LLC v. Am.
Express Tax & Bus. Servs., 920 A.2d 850, 854 (Pa. Super. Ct. 2007), Defendant
Inspection Center's preliminary objection to enforce the agreement for alternative
dispute resolution is hereby GRANTED in part and DENIED in part. Defendant's
preliminary objection is granted with respect to the enforcement of the agreement for
alternative dispute resolution. However, Defendant Inspection Center's preliminary
objection seeking dismissal of Plaintiff's complaint is DENIED. Instead, the instant case
as between Plaintiff and Defendant Inspection Center is stayed pending the outcome of
alternative dispute resolution.
BY THE COURT:
../4rnnah R. Suhr, Esquire
2132 Market Street
Camp Hill, PA 17011
For the Plaintiff
76rryl J. Liguori, Esquire
4431 North Front Street
Harrisburg, PA 17110
For the Defendant Inspection Center
.mes W. Abraham, Esquire
45 East Main Street
Hummelstown, PA 17036
For Defendant DeMartyn
:rlm
64.