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HomeMy WebLinkAbout14-4878 Supreme Co " n nsylvania CouCO&M-0 leas For Prothonotary Use Only: JM STS Docket No: r Cu fl County / The information collected on this form. is used solely for court administration purposes. This form. does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [M Complaint El Writ of Summons ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C. Lead Plaintiff's Name: Lead Defendant's Name: T STUART SPERN CARLISLE DEVELOPERS, LLC Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes ® No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ®Yes 0 No Is this an MDJAppeal? ® Yes 0 No A Name of Plaintiff/Appellant's Attorney: WALTER S.ZIMOLONG III ® Check here if you have no attorney(are a Self-Represented [Pro Se] 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 snaking 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 ® Intentional El Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card Q Board of Assessment ® Motor Vehicle ® Debt Collection:Other [3 Board of Elections ®Nuisance ® Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S ® Product Liability(does not include (3 Employment Dispute: E mass tort) ® Slander/Libel/Defamation Discrimination C ® Other: ® Employment Dispute:Other ® Zoning Board T ® Other: I Q Other: O MASS TORT CONSTRUCTION ® Asbestos N © Tobacco ® Toxic Tort-DES ® Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: 0 Ejectment ® Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent Mandamus © Landlord/Tenant Dispute Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin ® Legal ® Quiet Title ®Other: ® Medical ® Other: ® Other Professional: Updated 11112011 ZIMOLONG,LLC Walter S. Zimolong, Esquire 201.4 AUG 15 PH 3, 23 Attorney I.D. No. 89151 wally@zimolonglaw.com CUMBERLAND COUNT) Brad G. Kubisiak, Esquire PENNSYLVANIA Attorney I.D. No. brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) Attorneys for Plaintiffs STUART SPERN AND TRACY SPERN : CUMBERLAND COUNTY 17 Peyton Drive : COURT OF COMMON PLEAS Carlisle, PA 17015 NO. — 11-V7S 0 V-< (ef it, Plaintiffs, V. CARLISLE DEVELOPERS,LLC CIVIL ACTION 320 S. Hanover Street Carlisle, PA 17013, MATTHEW MADDEN 320 S. Hanover Street Carlisle, PA 17013, YENTZER& YENTZER ENTERPRISES 250 Richland Road Carlisle, PA 17015, ROBERT D. YENTZER 250 Richland Road Carlisle, PA 17015, RODNEY L.YENTZER, II 250 Richland Road Carlisle, PA 17015, WELUBHI HOUSING GROUP,LLC 14 Carlisle Road Newville, PA 17241, 4115 -75 P p DAVID W. KETNER �- 1106 14 Carlisle Road 3MC25 Newville, PA 17241, MONA KETNER 14 Carlisle Road Newville, PA 17241 MIDDLE DEPARTMENT INSPECTION AGENCY 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011, and PAUL RAMPULLA,JR. 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 32 S. BEDFORD STREET CARLISLE, PA Telephone: 717-249-3166 2 ZIMOLONG, LLC Walter S. Zimolong, Esquire Attorney I.D. No. 89151 wallygzimolonglaw.coin Brad G. Kubisiak, Esquire Attorney I.D. No. brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) Attorneys for Plaintiffs STUART SPERN AND TRACY SPERN CUMBERLAND COUNTY 17 Peyton Drive COURT OF COMMON PLEAS Carlisle, PA 17015 NO. Plaintiffs, V. CARLISLE DEVELOPERS, LLC CIVIL ACTION 320 S. Hanover Street Carlisle, PA 17013, MATTHEW MADDEN 320 S. Hanover Street Carlisle, PA 17013, YENTZER& YENTZER ENTERPRISES 250 Richland Road Carlisle, PA 17015, ROBERT D.YENTZER 250 Richland Road Carlisle, PA 17015, RODNEY L. YENTZER, II 250 Richland Road Carlisle, PA 17015, WELUBHI HOUSING GROUP, LLC 14 Carlisle Road Newville, PA 17241, DAVID W. KETNER 14 Carlisle Road 3 Newville, PA 17241, MONA KETNER 14 Carlisle Road Newville, PA 17241 MIDDLE DEPARTMENT INSPECTION AGENCY 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011, and PAUL RAMPULLA,JR. 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Defendants. COMPLAINT Plaintiffs, Stuart Spern and Tracy Spern, file this complaint against the above captioned defendants, as follows: I. THE PARTIES 1. Plaintiffs, Stuart Spern and Tracy Spern (the "Sperns"), are husband and wife and Pennsylvania residents with an address of 17 Peyton Drive, Carlisle, PA 17015. 2. The Sperns are the owners of real property located at 17 Peyton Drive, Carlisle,PA 17015 (the"Home"). The Home is their primary residence. 3. Defendant, Carlisle Developers, LLC ("Carlisle Developers"), is a limited liability company with a place of business located at 320 S. Hanover Street, Carlisle, PA 17013. 4. Defendant, Matthew D. Madden ("Madden"), is an adult individual and sole managing member of Carlisle Developers with a place of business located at 320 S. Hanover Street, Carlisle, PA 17013. Upon information and belief, Madden controlled and dominated the affairs of Carlisle Developers. Madden also serves on Carlisle Borough Council. 4 5. Upon information and belief, Carlisle Developers is undercapitalized, does not observe corporate formalities, does not keep corporate records, and is merely a facade for Madden in order to shield him from liability against injured parties, including the Spems. 6. Upon information and belief, there has been a substantial commingling of assets and corporate funds by and between Carlisle Developers and Madden. 7. Upon information and belief, Carlisle Developers is an alter ego of Madden. 8. Defendant, Yentzer & Yentzer Enterprises ("Yentzer & Yentzer"), is a fictitious entity with a place of business located at 250 Richland Road, Carlisle, PA 17015. 9. Defendant,Rodney L.Yentzer("Rodney Yentzer"), is an adult individual and is an owner of Yentzer &Yentzer with a place of business located at 250 Richland Road, Carlisle, PA 17015. 10. Defendant, Robert D. Yentzer, II ("Robert Yentzer"), is an adult individual and is an owner of Yentzer & Yentzer with a place of business located at 250 Richland Road, Carlisle, PA 17015. 11. Defendant, Welubhi Housing Group, LLC ("Welubhi"), is a limited liability company with a place of business located at 14 Carlisle Road,Newville, PA 17241. 12. Defendant, David W. ("Wes"). Ketner ("Wes Ketner"), is an adult individual and is the Managing Member of Welubhi with a place of business located at 14 Carlisle Road, Newville, PA 17241. Upon information and belief, Ketner controlled and dominated the affairs of Welubhi. Wes Ketner also personally signed the express homeowners warranty issued to the Sperns. 5 13. Defendant,Mona Ketner,is an adult individual and is the member of Welubhi with a place of business located at 14 Carlisle Road,Newville,PA 17241. Upon information and belief, Mona Ketner together with Wes Ketner controlled and dominated the affairs of Welubhi. 14. Upon information and belief, Welubhi is undercapitalized, does not observe corporate formalities, does not keep corporate records, and is merely a facade for Wes and Mona Ketner in order to shield them from liability against injured parties, including the Sperns. 15. Upon information and belief, there has been a substantial commingling of assets and corporate funds by and between Welubhi and Wes and Mona Ketner. 16. Upon information and belief, Welubhi is an alter ego of Wes and Mona Ketner. 17. Defendant, Middle Department Inspection Agency, Inc. ("MDIA"), is a Pennsylvania corporation with a place of business located at Route 19, Wexford PA 15090. 18. Defendant,Paul Rampulla,Jr. ("Rampulla"),is an adult individual and is employed as a building code official for MDIA and maintaining a place of business located at 14 Carlisle Road, Newville, PA 17241. At all times relevant to this cause of action, Rampulla was acting within his scope of employment with MDIA. II. BACKGROUND A. The Agreement of Sale. 19. On May 2, 2013, the Sperns entered into an Agreement of Sale (the"Agreement") with Carlisle Developers and Yentzer & Yentzer d/b/a School Road Joint Venture, whereby Carlisle Developers and Yentzer&Yentzer agreed to sell the Home to the Sperns in exchange for payment in the amount of$624,435. A copy of the Agreement is attached at Exhibit"A." The Agreement states that Carlisle Developers and Yentzer&Yentzer d/b/a School Road Joint Venture are the sellers of the Home. 6 20. Madden personally signed the Agreement as a"Seller." 21. The Home consists of a two story, newly constructed, single family dwelling. 22. The Home is a "spec" house, which generally refers to a newly constructed home constructed without a particular buyer under contract and designed to achieve maximum market value. 23. Under the Agreement, the Home is subject to a one(1) year builder's warranty. 24. The Agreement also states: "Home to be constructed turn-key on a specified lot&in a completed state per PA code. All inspections shall be compliant to MDIA&Dickinson Township to obtain an occupancy permit legal to occupy. Builder reserves right to review final plans and update any pricing prior to any changes to said spec sheet. Builder shall provide a one year warranty on said home starting on date of final inspection and date of occupancy permit, and/or closing date." 25. Below the paragraph stated above, is a signature line bearing the signature of"David W. Kentner, Owner Welubhi Housing, LLC." 26. The Sperns relied upon the representation that the Home was completed according to the Pennsylvania Code and complied with all MDIA and Dickinson Township codes in entering into the Agreement. 27. The representations about compliance with Pennsylvania, Dickinson Township,and MDIA regulations was a material representation upon which the Agreement is based and the Sperns would not have executed the Agreement if they knew those representations were false. 28. According to the Agreement, Welubhi entered into an agreement with Carlisle Developers, and Yentzer & Yentzer whereby it agreed to act as the general contractor that was responsible for completing all parts of the construction of the Home. 7 29. Upon information and belief, Welubhi obtained building permits and approvals for the Home. 30. Upon information and belief, Welubhi oversaw all aspects of the construction of the Home. 31. In fact, Welubhi's website www.Welubhi.com prominently displays the Home as one of its "Featured Properties." A copy of a screenshot of Welubhi's home page is attached at Exhibit`B." 32. Under the Agreement, Welubhi issued an express warranty to the Sperns for a period of one year(the"Express Warranty").A copy of the Express Warranty is attached at Exhibit «C » 33. Wes Ketner personally executed the Express Warranty. 34. The Express Warranty states as follows: The house on 17 Peyton Drive, Carlisle PA 17015 is covered by a 1 year builder warranty from the below listed date. The house has been constructed, visually inspected by MDIA, and found to be in compliance with the Pa Construction Code as stated in the attached Use and Occupancy permit. Any issues that may arise, and found to be a warranty item shall be resolved by a manufacturer fix or replacement if involving equipment. Any other issues shall be resolved by having Welubhi contact the sub-contractor who initially performed the workmanship needing addressed for repair within a timely manner. 35. Additionally, under the Agreement, Welubhi expressly represented that the Home would be constructed according to the Pennsylvania Construction Code Act, 35 P.S. § 7210.101, et seq (the"PCCA"). 36. The representations about the Home being constructed according to the PCCA were false. 37. Upon information and belief, Welubhi knew or should have known these representations were false. 8 38. The Sperns relied upon the representations in the Express Warranty concerning the construction of the Home in compliance with the PCCA and Use and Occupancy Permit in entering in the Agreement and proceeding the Closing. 39. If the Sperns had known that these representations were false, they would not have entered into the Agreement or closed on the Home. B. The Pre-Settlement Inspection. 40. On or about June 27, 2013, the date of closing, a pre-settlement walk through inspection was performed with Wes Ketner, whereby the Sperns, Ketner, and others walked the house together. 41. During the inspection, Tracy Spern noticed ponding water in sections of the basement and fans running in an apparent effort to dry the ponded water. 42. Tracy Spern pointed the water and fans out to Wes Ketner asked Wes Ketner about them. 43. Wes Ketner replied that the water was from a leaky outside water spigot and that it was nothing to be concerned about. .44. Contrary to Wes Ketner's assertion, water actively infiltrates the basement sometimes running down the foundation walls. 45. Upon information and belief, the cause of the water intrusion into the basement is the lack of a proper water membrane system. 46. Upon information and belief, Wes Ketner knew or should have known that the statement regarding the water in the basement was false. 9 47. Upon information and belief, Wes Ketner knew or should have known that the water infiltration was caused by improper construction techniques, including the lack of proper waterproofing on the basement, foundation, and concrete deck slabs. 48. Wes Ketner's representation about the water in the basement was a material representation upon which the Sperns based their decision to proceed with the closing of the Home. 49. If the Sperns knew that Wes Ketner's representations were false, they would not have closed on the Home. C. MDIA Issues a Certificate of Occupancy. 50. Upon information and belief,MDIA acts as the building code official for Dickinson Township. 51. On June 7, 2013, MDIA issued a Use and Occupancy Certificate stating that the Home was found to be in compliance with PCCA. A copy of the Use and Occupancy Certificate is attached at Exhibit"D." 52. The Use and Occupancy Certificate was signed by Rampulla, the building code official who conducted the inspection of the Property. 53. It is believed that Rampulla personally conducted the inspection upon which the Use and Occupancy Certificate is based. 54. The information contained in the Use and Occupancy Certificate is false. 55. Upon information and belief, MDIA and Rampulla knew or should have known that the statements made in the Use and Occupancy Certification were false. 56. The Sperns relied upon the representations in the Use and Occupancy Certificate and concluded the purchase of the Home by preceding to closing. 10 57. If the Sperns had known the statements concerning the Use and Occupancy Certificate were false, they would not have closed on the Home. D The Closing and the Deed. 58. On or about June 27, 2013, Carlisle Developers and Yentzer&Yentzer transferred the Home via a deed (the "Deed"). A copy of the Deed is attached at Ex. "E." 59. Although not listed as a"Seller"in the Agreement, Welubhi is named as a Grantor in the Deed. 60. Madden signed the Deed on behalf of Carlisle Developers. 61. Rodney Yentzer and Robert Yentzer signed the Deed on behalf of Yentzer & Yentzer. 62. Wes Ketner and Mona Ketner signed the Deed on behalf of Welubhi. E. The Sperns Discover that the Home is not Compliance with the PCCA and Other Construction Defects and Deficiencies. 63. Shortly after moving into the Home,the Sperns,among other things,began noticing water and air infiltration into their Home and noticeable changes in the foundation of their Home. 64. Contrary to Wes Ketner's representation on the date of closing that the water infiltration into the basement was caused by a leaky spigot, the Sperns continued to experience water infiltration into the basement of the Home. 65. The Sperns demanded that Carlisle, Yentzer & Yentzer, and Welubhi remedy the water infiltration. 66. Despite repeated demands,the Sperns continue to experience water infiltration into the basement of the Home. 67. In addition to water infiltration into the basement,the Sperns have discovered other defects,deficiencies, and code violations in the home,including,without limitation,the following: 11 a. The concrete slabs are structural deficient, not constructed according to the PCCA, and are in danger of collapse. b. The driveway leading to the Home is not constructed according to industry standard. It is believed that at a minimum its lacks a wearing course, sealant, and proper sub-base. c. A dryer vent was installed in the incorrect location causing the Home's clothing dryer to malfunction. The dryer vent had to be relocated and there is a hole through the Home's siding where the incorrect dryer vent used to exist. d. Water actively leaks into the Home in several areas, including, most significantly, around a false chimney. It is believed that the cause of this active leaking is a missing chimney cricket or saddle. The damage is causing property damage and mold growth which will have to be remediated. e. The drainage system for the Home is incorrectly installed. f. The downspouts for the Home are incorrectly installed and are undersized. g. The area surrounding the Home is not properly graded,and,as a result,water runoff from the Home floods the front yard of the Home. h. The trim around several windows is deteriorating. i. The plumbing in the first floor master bathroom is not properly insulated. As a result, in sub-freezing temperatures the plumbing to the shower freezes. J. On several occasions, the septic system has failed and caused raw and untreated sewage to flood the side yard of the Home. k. The hardwood flooring in the Home is buckling. 12 1. The kitchen stove lacks adequate gas pressure and the stove is not capable of basic functions like boiling water and there is no emergency gas shut off, which is believed to be a code violation. m. The water heater for the home is undersized. As a result, hot water to the Home quickly runs out and two hot water using functions, like dishwashing and showering, cannot occur simultaneously. n. It is believed that the Home's zone heating system was not properly installed. As a result, there are wide temperature variation in the Home. 68. Upon information and belief, Carlisle, Welubhi, and Yentzer & Yentzer knew or should have about these defects. 69. Upon information and belief,Carlisle,Welubhi,and Yentzer&Yentzer knew about these defects and failed to disclose them to the Sperns. 70. If the Sperns had known about these defects prior to accepting the Deed,they would not have done so. F. The Concrete Deck Spans. 71. The Home has front, side, and rear porches (the"Porches"). 72. The floor of the Porches consists of an approximately four (4) inch thick concrete slab on metal deck span. 73. Beneath the porches are sections of the Home's basement. 74. The Porches are structurally deficient and are not constructed according to the PCCA. 75. The PCCA permits concrete slabs to be used on when placed on grade meaning they are continuously supported by soil. 13 76. The Porches are not on grade and the slabs are not continuously supported by soil. 77. The slabs are structural slabs and must, therefore, be constructed in a manner that they can support certain loads without danger of collapse. 78. In particular,the slabs must be constructed with reinforcement designed to actively support certain loads. 79. The type of reinforcing depends on the size of the slabs. 80. The Porches are not reinforced to support the required loads and, therefore, do not meet the PCCA. 81. Because the Porches are inadequately designed and not built according to the PCCA the Sperns have been required to install temporary shoring to prevent the slabs from collapsing. 82. The defects and deficiencies discovered by the Sperns are breaches of the express and implied warranties of Carlisle Developers, Welubhi, and Yentzer&Yentzer. 83. The defects and deficiencies discovered by the Sperns indicate that the Home was not constructed according to the PCCA and according to generally accepted standards. 84. The defects and deficiencies discovered by the Sperns are latent defects. 85. The Sperns have demanded that Welubhi, Carlisle Developers, and Yentzer & Yentzer correct these defects and deficiencies, but Welubhi has refused to correct or remediate them. 86. The Sperns investigation into the totality of the construction defects in the Home continues as of the date of this complaint. 14 III. CAUSES OF ACTION COUNT FRAUDULENT INDUCEMENT (The Sperns v. Carlisle Developers,Yentzer & Yentzer,Welubhi, and David W. Ketner) 87. The Sperns incorporate the preceding paragraphs by reference. 88. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner represented to the Sperns that the Home being sold was constructed in a good and workmanlike manner and according to the PCCA. 89. These representations were material to the purchase and sale of the Home. 90. These representations were false. 91. The Sperns justifiably relied upon these representations in entering into the Agreement. 92. Carlisle Developers, Yentzer &Yentzer, Welubhi, and David Ketner intended the Sperns to rely upon these representations. 93. The false representations were the proximate cause of the damages the Sperns suffered. 94. The Sperns have no other adequate remedy at law then to rescind the Agreement. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC,Yentzer&Yentzer Enterprises,Welubhi Housing Group, LLC, and David W. Ketner entitling them to a rescission of the terms of the Agreement of Sale, cost of repairs made to date, cost of suit, and any other appropriate relief. COUNT II BREACH OF CONTRACT (The Sperns v. Carlisle Developers,Yentzer& Yentzer, and Welubhi) 95. The Sperns incorporate the preceding paragraphs by reference. 15 96. Under the Agreement, Carlisle Developers, Yentzer & Yentzer, and School Road had a duty to construct the Home in a good and workmanlike manner, fit for habitation, and according to the PCCA. 97. Carlisle Developers, Yentzer&Yentzer, and Welubhi breached their contract with the Sperns by failing to construct the Home in a good and workmanlike manner, by failing to construct the Home according to the PCCA, and failing to construct a Home that is fit for habitation. 98. As a result of Carlisle Developers, Yentzer &Yentzer and School Road breach of contract, the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, and Welubhi for damages in excess of$50,000, cost of suit, and any other appropriate relief. COUNT III BREACH OF IMPLIED WARRANTY (The Sperns v. Carlisle Developers,Yentzer& Yentzer, and Welubhi) 99. The Sperns incorporate the preceding paragraphs by reference. By operation of law, Carlisle Developers, Yentzer&Yentzer, and Wehubi warranted that the Home would be constructed in a good and workmanlike manner and fit for habitation. 100. Carlisle Developers, Yentzer & Yentzer, and Welubhi breached this implied warranty by not constructing the Home in a good and workmanlike manner, not constructing the Home according to the PCCA, and construction a Home that was not fit for habitation. 101. As a result of Carlisle Developers, Yentzer & Yentzer, and Welubhi's breach of implied warranty, the Sperns have suffered damages. 16 WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in its favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, and Welubhi for damages in excess of$50,000, cost of suit, and any other appropriate relief. COUNT IV BREACH OF EXPRESS WARRANTY (The Sperns v. Carlisle Developers, Yentzer& Yentzer,Welubhi, and David Ketner) 102. The Sperns incorporate the preceding paragraphs by reference. 103. According to the Express Warranty, Carlisle Developers, Yentzer & Yentzer, and Welubhi expressly warranted that the Home was constructed according to the PCCA. 104. According to the Express Warranty, Carlisle Developers, Yentzer & Yentzer, and Welubhi expressly warranted that they would correct any defects in construction of the Home. 105. Moreover, David Ketner assumed personal responsibility for assuring that the Home was constructed according to the PCCA because he executed the Express Warranty in his own name and because he voluntarily undertook personal responsibility for construction of the Home. 106. Carlisle Developers, Yentzer & Yentzer, and Welubhi breached the Express Warranty by failing to construct the Home according to the PCCA and by failing to correct the defects in the Home. 107. As a result of Warranty, Carlisle Developers',Yentzer&Yentzer's, and Welubhi's breach of the Express Warranty, the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern demand judgment in their favor and against Carlisle Developers,Yentzer&Yentzer, and Welubhi Housing Group, LLC for damages in excess of$50,000, cost of suit, and any other appropriate relief. 17 COUNT V VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (The Sperns v. Carlisle Developers,Yentzer & Yentzer, Welubhi, and David W. Ketner) 108. The Sperns incorporate the preceding paragraphs by reference. 109. Carlisle Developers, Yentzer & Yentzer, School Road, and Welubhi violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S.A. § 201-2,201-3, 201-9.2(a) (the"UTPCPL"),by engaging in unfair or deceptive practices in the conduct of selling the Home. 110. Carlisle Developers, Yentzer & Yentzer, and Welubhi acted with unfair or deceptive acts or practices by representing that the Home being sold was constructed in a good a workmanlike manner and according to the PCCA. 112. David Ketner's personally made repeated representation concerning the quality of the Home. 113. Carlisle Developers, Yentzer & Yentzer, Welubhi, and Ketner's representations concerning the Home were false. 114. Contrary to their representations, the Home was not free from defects and constructed according to the PCCA. 115. The Sperns justifiably relied on Carlisle Developers, Yentzer & Yentzer, School Road, and Welubhi's representations when they purchased the Home. 116. As a result of Carlisle Developers, Yentzer&Yentzer, and Welubhi's violation of the UTPCPL, the Sperns are entitled to treble damages, attorneys fees, and costs of suit. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, and Welubhi Housing Group, 18 LLC for damages in excess of$50,000, treble damages, attorneys fees, cost of suit, and any other appropriate relief. COUNT VI NEGLIGENT MISREPRESENTATION (The Sperns v. Carlisle Developers, Yentzer& Yentzer, Welubhi, and David W. Ketner) 117. The Sperns incorporate the preceding paragraphs by reference. 118. Through the Agreement, the Express Warranty, and other verbal representations Carlisle Developers, Yentzer & Yentzer, Wehubi, and David Ketner provided information to the Sperns. 119. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner knew or should have known that the Sperns would rely upon the information they supplied to them in deciding to purchase Home. 120. They knew or should have known that the Sperns would rely upon the information provided to them. 121. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner knew or should have known that the representations were false. 122. The Sperns justifiably relied on the representations provided to them to their detriment. 123. As a result of the Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner's representations, the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC,Yentzer&Yentzer Enterprises,Welubhi Housing Group, LLC, and David W. Ketner for damages in excess of$50,000, cost of suit, punitive damages, and any other appropriate relief. 19 COUNT VII NEGLIGENCE (The Sperns v. Middle Department Inspection Agency, Inc. and Paul Rampulla,Jr.) 124. The Sperns incorporate the preceding paragraphs by reference. 125. MDIA and Rampulla had a duty to perform their inspections of the Home according to the standard of care normally used in inspecting a Home for compliance with the PCCA. 126 MDIA and Rampulla breached the duty when they failed to detect defects in construction of the Home and certifying the Home as being in compliance with the PCCA when it was not. 127. MDIA and Rampulla breached the duty when they negligently issued the Use and Occupancy Certificate stating that the Home was constructed in compliance with PCCA. 128. As a proximate result of MDIA and Rampulla's negligent conduct, the Sperns suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Defendants, Middle Department Inspection Agency, Inc. and Paul Rampulla, Jr. for damages in excess of$50,000, cost of suit,punitive damages, and any other appropriate relief. COUNT VIII ACTION TO PIERCE THE CORPORATE VEIL (The Sperns v. Matthew Madden) 129. The Sperns incorporate the preceding paragraphs by reference. 130. At all material times, the Sperns were unable to distinguish between Carlisle Developers and Madden. 140. At all material times, Madden owned, controlled, and dominated the affairs of Carlisle Developers. 141. Carlisle Developers was formed to shield Madden from liability. 20 142. Madden used Carlisle Developers to perpetrate a fraud or cause injustice. 143. At all materials times, Carlisle Developers were undercapitalized, lacked sufficient assets, failed to follow corporate formalities, and failed to keep corporate records. 144. Carlisle Developers is merely a fagade. 145. Carlisle Developers is an alter ego of Madden. 146 Carlisle Developers commingled assets and funds. 147. Madden commingled personal assets with Carlisle Developers. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Matthew Madden, for damages in excess of$50,000, treble damages, attorneys fees, cost of suit and any other appropriate relief. COUNT IX ACTION TO PIERCE THE CORPORATE VEIL (The Sperns v.David W. Ketner and Mona S. Ketner) 148. The Sperns incorporate the preceding paragraphs by reference. 149. At all material times, the Sperns were unable to distinguish between Welubhi and Ketner. 150. At all material times, Ketner owned, controlled, and dominated the affairs of Welubhi. 151. Welubhi was formed to shield Ketner from liability. 152. Ketner used Welubhi to perpetrate a fraud or cause injustice. 153. At all materials times, Welubhi was undercapitalized, lacked sufficient assets, failed to follow corporate formalities, and failed to keep corporate records. 154. Welubhi is merely a fagade. 155. Welubhi is an alter ego of Ketner. 21 156. Welubhi commingled assets and funds. 157. Ketner commingled personal assets with Welubhi. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against David W. Ketner, for damages in excess of$50,000, treble damages, attorneys fees, cost of suit and any other appropriate relief. ZIMOLONG,LLC Date: August 14,2014 By: Walter S. Zimolong squire Brad G. Kubisiak, quire Attorneys for Pak, 22 i i VERIFICATION I, Stuart Spern, verify that I am iauthorized to make this verification, and that the facts contained in the foregoing are true and correct based upon my knowledge, information, and belief. I understand that statements herein are made subject to the penalties set forth in 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. STUART SPERN I r i 4 i r t 22 VIERIFICATION I. Tracy Spern, verify that I am uthorized to make this verification, and that the facts contained in the foregoing are true and correct based upon my knowledge, infonnation, and belief. I understand that statements herein are made subject to the penalties set forth in 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. TRACY RN 23 EXHIBIT "A" 25 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): IM 4)2 4- YL � Lrf��T r SELLER(S): L'_A�f�•L A Sl r- 5 i0;r A,y L-1-C -+- yjE6,e `z.,�F/L -r- y. -- BUYER'S MAILING ADDRESS: � SELLER'S MAILING ADDRESS: 1 1 v� ✓LC. g 77 bVA6,d,,,'T' fe;r r1, A9,41 PROPERTY PROPERTY ADDRESS t=. nJ v-- 5 fI )7,0/3- ZIP 7a/ZIP 1'7 d/9 in the municipality of T, C ;u County of L'.U»?B 1-':R.(_r9ivTj in the School District ofa-4 S//._ ,in the Commonwealth of Pennsylvania. Identification(e.g.,Tax ID#;Parcel#;Lot,Block;Deed Book,Page,Recording Date): ©g 116 Z.9 7 /z-7 BUYER'S RELATIONSHIP WITH PA LICENSED BROKER �(No Business Relationship(Buyer is not represented by a broker) Broker(Company) D /= 004-- Licensee(s)(Name) W/=-'s, I✓C14�4-,'u Company Address q77 L u,4L,t.��r-/�7",rl Direct Phone(s) pc lD, C-Aft-L.tSI�c ]>/4 Cell Phone(s) •7/7 " _S / _C-Z_ Company Phone 7 17 -- - 1 I�t Y Fax Company Fax "7l? — 2Ll - Lq 2Z. Email cle-n Broker is: Licensee(s)is: ❑Buyer Agent(Broker represents Buyer only) 0 Buyer Agent with Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) ❑Buyer Agent without Designated Agency O 1�t/I/[J C.X- j A (�j Cy s /7 ,q( 2 1 ❑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 ❑ No Business Relationship(Seller is not represented by a broker) Broker(Company) llg U K�= +40o ka Licensee(s)(Name) LO t✓S , t`TN�ft 4- aci4'1'1 Ant 1asE-tTJ Vt.�ir� Company Address W A t-N v7" �a77`�' Direct Phone(s) (�j C.4(Z-6.S.jt'_ >q Cell Phone(s) -717 - 3 t S-- /Z!n Z^ Company Phone -,,/7 -- _- 1 4 Y y Fax. Company Fax -7/7 - �-�9- i `!2 Z Email LyYT7VE2 t-1-A-n Corte Broker is: Licensee(s)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 1 S A l.11zl-�Sd I-7G 1� ❑Dual Agent(See Dual and/or Designated Agent box below) ❑Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.If the same Licensee is designated for Buyer and Seller,the Licensee is a Dual Agent. By signing this Agreement,Buyer and Seller each acknowledge having been previously informed of,and consented to,dual agency, if applicable. Buyer Initials:5-14 f�/.� ASR Page 1 of 11 Seller Initials: Revised 1/10 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®2010 �� Pennsylvania Association of REALTORS 1/10 I 1._ By this Agreement,dated 5� Z — 2-0 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified operty. 3 2. PURCHASE PRICE AND DEPOSITS(1-10) P 4 (A)Purchase Price$ 6 2 S s ( Std v.a d/ n Grp✓✓ma y fy u.e. 9 t�✓L7 U,c inn 12 Elo 6 i2?�c. t! U.S.Dollars),to be paid by Buyer as follows: 7 1. Deposit at signing f this Agreement: $ Z Z ppm s 2. Deposit within days of the Execution Date of this Agreement: $ ' 3. $ io 4. Remaining balance will be paid at settlement. u (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 sonal 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 Is (unless otherwise stated here: _ )� If) who will retain deposits in an escrow account in conformity with all applicable laws 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 is the State Real Estate Commission. Checks tendered as deposit monies may be held.uncashed pending the execution of this I4 Agreement. 20 3. SELLER ASSIST(If Applicable)(1-10) 21 Seller will pay $ d or % of Purchase Price (0 if not specified) toward 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. S 24 4. SETTLEMENT AND POSSESSION(1-10) 25 (A) Settlement Date is —J—Ljhr ZOl3 ,or before if Buyer and Seller agree. 26 (B) Settlement will occur in the county where the Property is located'or in an adiacent county,during nonnal business hours, unless 27 Buyer and Seller agree otherwise. ^_R (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.All charges will be pro- 31 rated for the period(s)covered.Seiler will pay up to and including the date of settlement and Buyer will pay for all days follow- s' 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: 3> 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 t 44 acknowledge existing lease(s)by initialing the lease(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/TIME IS OF THE ESSENCE(1-1.0) /�� 47 (A) Written acceptance of all parties will be on or before: / v1 fQ Y 7 48 (B) The Settlement Date and all other dates and times identified for the perf rmance of any obligations of-this Agreement are of the =19 essence and are binding. sa (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- s mens of the parties. s6 (E) Certain terns 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 se to all parties. s9 6. ZONING(1-10) ro 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: RES/r>eE /w L 64 Buyer Initials: / "'3VI—� ' ASR Page 2 of 11 Seller Initials:_ mtz.AA / Revised 1/10 65 7. FIXTURES 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- G9 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 wall 71 carpeting; existing window screens, storm windows and screen/storm 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 information(e.g.,water treatment 76 systems,propane tanks,satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: 7S 79 8. MORTGAGE CONTINGENCY(1-10) 80 0 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 l,�' 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 Loan Amount$ Loan Amount$ 86 Minimum Term .©...�—years /1 Minimum Tenn years 87 Type of mortgage -J u p)7 b0 l el oi11✓ F�)( Type of mortgage ee 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 f /AZ2,oA/AZ_ A14-N 4 A Mortgage lender 91 f--<AIU�R-5 C.l±:�e 92 Interest rate %;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 interest rate as may be committed by the mortgage lender,not to 94 to exceed a maximum interest rate of %, exceed a maximum interest rate of %. 1 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 lender(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. t04 (C) Within 7 days(7 if not specified)from the Execution Date of this Agreement,Buyer will make a completed,written mort- 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 toe the mortgage lender(s)to assist in the mortgage loan process. 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial Ho 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 lender to reject,refuse 112 to approve or issue a mortgage loan commitment. 113 (E) i. Mortgage Commitment Date: :TDA/ ' 7 Zo/3 . Upon receiving a mortgage commitment, Buyer will 114 promptly deliver a copy of the commitment to Seller. Its 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. ]is 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 for settlement, 126 all deposit monies will be returned to Buyer according to the terms of Paragraph 22 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- 130 lation;(3)Appr al fees and charges paid in advance to mortgage lender(s). 131 Buyer Initials:- 1 ASR Page 3 of 11 Seller Initials: �_i Revised 1/10 132 (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 24 of this Agreement. 139 2. If Seller will not make the required repairs,or if Seller fails 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 22 of this Agreement. 144 If Buyer fails to respond within the time stated in Paragraph 8(F)(2)or fails 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 24 of this Agreement. 146 FHANA,IF APPLICABLE 147 (G) 1t 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, ]so 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 himself/herself that the price and condition of the t55 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 (H) 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. I64 (1) Certification We the undersigned,Seller(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.' SELLER REPRESENTATIONS(1-10) 168 (A) Radon Testing and Remediation(See Notice Regarding Radon) 169 Seller has no knowledge about the presence or absence of radon unless checked below: 170 ❑ 1. Seller has knowledge that the Property was tested on the dates and by the methods(e.g.charcoal canister, alpha track, 171 etc.),which produced the results indicated below: 172 Date Type of Test Results(picoCuries/liter or working levels) Name of Testing Service 173 174 175 ❑ 2. Seller has knowledge that the Property had radon removal system(s)installed as indicated below: 176 Date Installed Type of System Provider 177 178 179 Copies of all available test reports will be delivered to Buyer with this Agreement.Seller does not warrant the meth- Bo ods or the results of radon tests. 181 (B), Status of Water 182 Seller represents that the Property is served b 183 ❑Public Water ❑ Community WaterOn-site Water ❑None ❑ 184 (C) Status of Sewer 185 Seller represents that the Property is served by: 186 ❑ Public Sewer ❑ Community Sewage Disposal System ❑ Ten-Acre Permit Exemption('see Sewage Notice 2) 197 )4,Individual On-lot Sewage Disposal System(see Sewage Notice 1) ❑ Holding Tank(see Sewage Notice 3) 188 ❑ Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4,if applicable) 189 ❑ None(see Sewage Notice 1)❑ None Available/Permit Limitations in Effect(see Sewage Notice 5) 100 ❑ 191 (D) Historic Preservation 192 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 193 194 Buyer Initials: � / /- ASR Page 4 of 11 Seller Initials: n: M / Revised 1/10 195 (E) ❑ Property,or a portion of it,is preferentially assessed for tax purposes under the following Act(s)(see Notices Regarding Land 196 Use Restrictions): 197 ❑Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.) 1918 ❑Open Space Act(Act 442 of 1967;32 P.S. §5001 et seq.) 199 ❑Agricultural Area Security Law(Act 43 of 1981;3 P.S. §901 et seq.) 200 ❑Other 201 (F) Seller represents that,as of the date Seller signed this Agreement,no public improvement,condominium or homeowner associa- 202 tion assessments have been made against the Property which remain unpaid, and that no notice by any government or public 203 authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning,housing, 204 building,safety or fire ordinances that remain uncorrected,and that Seller knows of no condition that would constitute a viola- 205 tion of any such ordinances that remain uncorrected,unless otherwise specified here: god 207 (G) Seller knows of no other potential notices(including violations)and/or assessments except as follows: 20 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 10.WAIVER OF CONTINGENCIES(9-05) 211 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property,or to verify insurability,environmental 212 conditions,boundaries,certifications,zoning classification or use,or any other information regarding the Property,Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11.INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers'representatives and,as may be required by this Agreement or by mortgage lender(s),to 2118 surveyors,municipal officials,appraisers and inspectors.All parties and their real estate licensee(s)may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Property.Buyer's right to this inspection is not waived by 220 any other provision of this Agreement. 221 3. Seller will have heating and all utilities(including fuel(s))on for all inspections/appraisals. 222 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 223 5. Seller has the right,upon request,to receive a free copy of any inspection Report from the party for whom it was prepared. 224 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection"or"Inspections")performed by professional contractors,home inspectors,engineers,architects and other properly 226 licensed or otherwise qualified professionals.If the same inspector is inspecting more than one system,the inspector must com- 227 ply with the Holme Inspection Law.(See Notice Regarding the Home Inspection Law) 228 (C) For elected Inspection(s),Buyer will,within the Contingency Period(s)stated in Paragraph 12(A),complete Inspections,obtain any 229 Inspection Reports or results(referred to as"Report"or"Reports"),and accept the Property,terminate this Agreement, or submit a 230 Written Corrective Proposal(s)to Seller,according to the terms of Paragraph 12(B). 231 Home/Property Inspections and Environmental Hazards(mold,etc.) 232 Elected Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior 233 / doors;exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,ho - 234 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;heating and cool- 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 236 footage;mold and other environmental hazards(e.g.,fungi,indoor air quality,asbestos,underground storage tanks, 237 etc.);and any other items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in 238 the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national 239 home inspection association,or a person supervised by a full member of a national home inspection association,in j 240 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed 241 or registered engineer or architect. (See Notice Regarding the Home Inspection Law) 242 Wood Infestation 243 Elected Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as ive ;�Q 244 ! a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid /-�. 245 ed by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mort- 246 gage lender requirements,and/or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be 247 limited to all readily-visible and accessible areas of all structures on the Property,except fences.If the Inspection 248 reveals active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pes- 249 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer 250 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 252 Radon ect Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 254 �/ Agency(EPA) advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 / 255 working levels or 4 picoCuries/liter(4pCi/L). 256 Water Service 257 ec Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 25 /� qualified water/well testing company. If and as required by the inspection company,Seller,at Seller's expense,will 1 259 locate and provide access to the on-site(or individual)water system.Seller will restore the Property to its previous con- 260 dition,at Seller cense,prior to settlement. `A 261 Buyer Initials: � S /(� � ASR Page 5 of it Seller Initials: Revised 1/10 262 On-lot Sewage(If Applicable) 263 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified, professionaly� 264 / inspector. If and as required by the inspection company, Seller,at Seller's expense,will locate,provide access to / 265 and empty the individual on-lot sewage disposal system. Seller will restore the Property to its previous condition, 266 at Seller's expense,prior to settlement. See paragraph 12(C)for more information regarding the Individual On-lot 267 Sewage Inspection Contingency. 268 Property Insurance 269 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for 270 / the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate with 271 the insurer to assist in the insurance process. If the Property is located in a flood plain,Buyer may be required to 272 carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date, 273 Property Boundaries 274 Elected Buyer may engage the services of a surveyor, title abstractor, or other qualified professional to assess the legal ivied 275 1 description,certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Propert 11V,4 276 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural 277 or constructed barriers may or may not represent the true boundary lines of the Property.Any numerical represen- 278 tations of size of property are approximations only and may be inaccurate. 279 Deeds,Restrictions and Zoning 280 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or ordi -0 2x1 / nances)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of th / 282 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use.Present use: 284 Lead-Based Paint Hazards(For Properties prior to 1978 only) 285 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978,Buyer has the option to conduct a v 286 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz- 9 287 ards unless Buyer waives that right.Regardless of whether this inspection is elected or waived,the Residential 2xx Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 289 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home,along with a separate form,attached'to this Agreement,disclosing Seller's knowledge of lead- 291 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 293 Other 294 Elected Waived 295 J / 296 297 The Inspections elected above do not apply to the following existing conditions and/or items: 298 299 3oo 12.INSPECTION CONTINGENCY(1-10) 301 (A) The Contingency Period is /0 days(10 if not specified)from the Execution Date of this Agreement for each Inspection elect- 302 ed in Paragraph I I(C),except the following: 303 Inspeetion(s) Contingency Period 304 days 305 days 306 days 307 days 308 (B) Except as stated in Paragraph 12(C),if the result of any Inspection elected in Paragraph i l(C)is unsatisfactory to Buyer,Buyer 309 will,within the stated Contingency Period: f 310 1. Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 24 of this Agreement,OR 311 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of i 312 Paragraph 22 of this Agreement,OR 313 3. Present the Report(s)to Seller with a Written Corrective Proposal e Proposal')listing corrections and/or credits desired by Buyer. 314 The Proposal may,but is not required to,include the name(s)of a properly licensed or qualified professional(s)to perform 315 the corrections requested in the Proposal,provisions for payment,including retests, and a projected date for completion 316 of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 317 mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of 318 Buyer's Proposal. 319 a. No later than days (5 if not specified)from the end of the Contingency Period(s), Seller will inform Buyer in 320 writing that Seller will: 321 (1)Satisfy all terms of Buyer's Proposal(s),OR 322 (2)Not satisfy all terms of Buyer's Proposal(s). 322 b. If Seller agrees to satisfy all terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in 324 Paragraph 24 of this Agreement. 325 Buyer Initials: _/� ASR Page 6 of 11 Seller Initials:_Ptb*,\ f Revised 1/10 326 c. Within days (2 if not specified) of the receipt of written notification that Seller will not satisfy all terms of 3�7 Buyer's Proposal,or the time stated in paragraph 12(B)(3)(a)if Seller fails to choose either option in writing,whichever 328 occurs first,Buyer will: 329 (1)Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 24 of this 330 Agreement,OR 331 (2)Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 332 of Paragraph 22 of this Agreement,OR 333 (3)Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 334 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any. 335 If Buyer fails to respond within the time stated in Paragraph 12(B)(3)(c)or fails to terminate this Agreement by 336 written notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 337 24 of this Agreement. 33s (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within 339 days(25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the 340 name of the company to perform the expansion or replacement;provisions for payment, including retests,and a projected com- 341 pletion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the 342 stated time,Buyer will notify Seller in writing of Buyer's choice to: 343 1. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 344 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 345 Paragraph 22 of this Agreement,OR 346 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement.If required by any 3a7 mortgage lender and/or any governmental authority,Buyer will correct the defects before settlement or within the time required 348 by the mortgage lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given 349 by Seller,which may not be unreasonably withheld.If Seller denies Buyer permission and/or access to correct the defects,Buyer 350 may,within 5 DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned 351 to Buyer according to the terms of Paragraph 22 of this Agreement. 352 If Buyer fails to respond within the time stated in Paragraph 12(C)or fails to terminate this Agreement by written notice 353 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 354 13.NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10) ;55 (A) In the event any notices,including violations,and/or assessments are received after Seller has signed this Agreement and before 356 settlement,Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 357 ments to Buyer and will notify Buyer in writing that Seller will: 358 1. Fully comply with the notices and/or assessments, at Seller's expense, before settlement. If Seller fully complies with the 359 notices and/or assessments,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 360 2. Not comply with the notices and/or assessments.If Seller chooses not to comply with the notices and/or assessments,or fails 361 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS 362 that Buyer will: 363 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, and agree to the RELEASE in 364 'Paragraph 24 of this Agreement,OR 365 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 366 Paragraph 22 of this Agreement. 367 If Buyer fails to respond within the time stated in Paragraph 13(A)(2)or fails to terminate this Agreement by written notice 368 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 369 (B) If required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior 370 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal department(s)disclosing 371 notice of any uncorrected violations of zoning,housing,building,safety or fire ordinances and/or a certificate permitting occu- 372 pancy of the Property. If Buyer receives a notice of any required repairs/improvements,Buyer will promptly deliver a copy of 373 the notice to Seller. 374 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required, Seller will deliver a 375 copy of the notice to Buyer and notify Buyer in writing that Seller will: 376 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 377 repairs/improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 378 b. Not make the required repairs/improvements.If Seller chooses not to make the required repairs/improvements,Buyer will 379 notify Seller in writing within 5 DAYS that Buyer will: 380 (1) Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which 381 will not be unreasonably withheld,OR 382 (2)Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 383 of Paragraph 22 of this Agreement. 384 If Buyer fails to respond within the time stated in Paragraph 13(B)(1)(b)or fails to terminate this Agreement by 385 written notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 386 24 of this Agreement,and Buyer accepts the responsibility to perform the repairs/improvements according to the 387 terms of the notice provided by the municipality. 388 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 389 Settlement Date to make the required repairs/improvements,Buyer may,within 5 DAYS,terminate this Agreement by M written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 391 Buyer IniHats: / ASR Page 7 of 11 Seller Initials:AkboA / Revised 1/10 392 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller 393 will perform all repairs/improvements as required by the notice at Seller's expense.Paragraph 13(B)(3)will survive settlement 394 14.CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(1-10) 395 Property is NOT a.Condominium or part of a Planned Community unless checked below. 396 ❑ CONDOMINIUM.The Property is a unit of a condominium that is primarily run by a unit owners'association.Section 3407 of the 397 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities)requires Seller to 398 furnish Buyer with a Certificate of Resale and copies of the condominium declaration(other than plats and plans),the bylaws and ?99 the rules and regulations of the association. 400 ❑ PLANNED COMMUNITY(HOMEOWNER ASSOCIATION).The Property is part of a planned community as defined by the 401 Uniform Planned Community Act(see Notice Regarding Condominiums and Planned Communities).Section 5407(a)of the Act 402 requires Seller to furnish Buyer with a copy of the Declaration(other than plats and plans),the bylaws,the rules and regulations 403 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act. 4u4 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 405 (A) Within 15 DAYS fi•om the Execution Date of this Agreement, Seller,at Seller's expense,will request from the association a 406 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act.The Act provides that 407 the association is required to provide these documents within 10 days of Seller's request. 4 O (B) Seller will promptly deliver to Buyer all documents received from the association.Under the Act,Seller is not liable to Buyer for 409 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- 410 ciation in the Certificate. 411 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 412 for 5 days after receipt,OR until settlement,whichever occurs first. Buyer's notice to Seller must be in writing;upon Buyer declar- 413 ing this Agreement void,all deposit monies will be returned to Buyer according to the terns of Paragraph 22 of this Agreement. 414 (D) If the association has the right to buy the Property(right of first refusal),and the association exercises that right,Seller will reim- 415 burse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 416 and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation; 417 (2)Flood insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation; (3)Appraisal fees alt and charges paid in advance to mortgage lender. 419 15.TITLES,SURVEYS AND COSTS(1-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- 421 ular rates,free and clear of all liens,encumbrances,and easements,excepting however the following:existing deed restrictions; 422 historic preservation restrictions or ordinances;building restrictions;ordinances;easements of roads;easements visible upon the 423 ground;easements of record;and privileges or rights of public service companies,if any. 424 (B) Buyer will pay for the following: (1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation; 425 (2)Flood insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation;(3)Appraisal fees 426 and charges paid in advance to mortgage lender;(4)Buyer's customary settlement costs and accruals. 427 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 428 description of the Property(or the correction thereof)will be obtained and paid for by Seller.Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates,as .431 specified in Paragraph 15(A),Buyer may terminate this Agreement by written notice to Seller,with all deposit monies returned to 432 Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs 433 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement,and for those items spec- 434 ified in Paragraph 15(B)items(1),(2),(3)and in Paragraph 15(C). 435 (E) Seller is not aware of the status of oil,gas and mineral rights for Property unless otherwise stated below: I 435 ❑ Seller does not own all subsurface rights to the property. 1 437 ❑ Oil,Gas and Mineral Rights Addendum(PAR Form OGM)is attached. 438 (F) COAL NOTICE(Where Applicable) 439 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 440 THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 442 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND.(This notice is set forth in the manner provided in Section 1 of the Act of 443 July 17, 1957,P.L. 984.)"Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 444 from coal mining operations,and that the property described herein may be protected from damage due to mine subsidence by a 445 private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of com- 446 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 447 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 448 (G) The Property is not a"recreational cabin"as defined in the Pennsylvania Construction Code Act unless otherwise stated here (see 449 Notice Regarding Recreational Cabins): 450 16.MAINTENANCE AND RISK OF LOSS(1-10) 451 (A) Seller will maintain the Property,grounds,fixtures and personal property specifically listed in this Agreement in its present con- 452 dition,normal wear and tear excepted. 453 (B) If any system or appliance included in the sale of Property fails before settlement,Seller will: 454 1. Repair or replace the failed system or appliance before settlement,OR 455 2. Provide prompt written notice to Buyer of Seller's decision to: 456 a. Credit Buyer at settlement for the fair market value of the failed system or appliance,as acceptable to the mortgage lender, 457 if any,OR 458 b. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the 459 failed syste pliance. 460 Buyer Initials: / ASR Page 8 of 11 Seiler Initials: MUA/�_/ Revised 1/10 451 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 ase fails to notify Buyer of Seller's choice,Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, abs whichever is earlier,that Buyer will: 404 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 465 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement. 467 If Buyer fails to respond within the time stated in Paragraph 16(B)(3)or fails to terminate this Agreement by written 468 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this 469 Agreement. 470 (C) Seller bears the risk of loss from fire or other casualties until settlement.If any property included in this sale is destroyed and not 471 replaced prior to settlement,Buyer will: 472 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 473 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement. 475 17.HOME WARRANTIES(1-10) * �jlrl I&&2_ t WA t-10 1n1=_ /:D2 ,4 ASX10& 01C 476 At or before settlement,either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seiler under- 477 stand that a home warranty for the Property does not alter any disclosure requirements of Seller,will not cover or warrant any pre- 478 existing defects of the Property,and will not alter,waive or extend any provisions of this Agreement regarding inspections or certifi- 479 cations that Buyer has elected or waived as part of this Agreement.Buyer and Seller understand that a broker who recommends a home 480 warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 481 18.RECORDING(9-05) 482 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. If Buyer 483 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default of this Agreement. 484 19.ASSIGNMENT(1-10) ass This Agreement is binding upon the parties,their heirs,personal representatives,guardians and successors,and to the extent assigna- 480 ble,on the assigns of the parties hereto.Buyer will not transfer or assign this Agreement without the written consent of Seller unless 487 otherwise stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes. 08 20.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05) 489 (A) The validity and construction of this Agreement,and the rights and duties of the parties,will be governed in accordance with the 490 laves of the Commonwealth of Pennsylvania. 491 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its perfornance by A92 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21.REPRESENTATIONS(1-10) 495 (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their 496 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement.This Agreement contains the whole agreement between Seller and Buyer,and there are no other terms,obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered,amended,changed or modified except in writing executed by the parties. 500 (B) Unless otherwise stated in this Agreement,Buyer has inspected the Property(including fixtures and any personal prop- 501 erty specifically listed herein)before signing this Agreement or has waived the right to do so,and agrees to purchase the 502 Property IN ITS PRESENT CONDITION,subject to inspection contingencies elected in this Agreement.Buyer acknowl- 503 edges that Brokers,their licensees,employees,officers or partners have not made an independent examination or deter- 504 mination of the structural soundness of the Property,the age or condition of the components,environmental conditions, 505 the permitted uses,nor of conditions existing in the locale where the Property is situated;nor have they made a mechan- 506 ical inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 50e (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement. 509 22.DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10) 510 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement,Buyer will be entitled to a return of 511 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be 512 VOID.Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies,Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 516 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies.A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 518 2. If,after Broker has received deposit monies,Broker receives a written agreement that is signed by Buyer and Seller,direct- 519 ing Broker how to distribute some or all of the deposit monies. 520 3. According to the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) 523 Buyer Initials:/ ASR Page 9 of 11 Seller Initials: / Revised 1/10 524 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 4(A),or any written extensions thereof,the Broker holding the deposit monies will,with- 526 in 30 days of receipt of Buyer's written request,distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior 52S to the receipt of Buyer's request for distribution,Broker will continue to hold the deposit monies until receipt of a written distri- 529 bution agreement between Buyer and Seller or a final court order.Buyer and Seller are advised to initiate litigation for any por- 530 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies,and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. 5.3.1 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terns of Paragraph 22 or Pennsylvania 534 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation. 536 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer: 537 1. Fail to make any additional payments as specified in Paragraph 2,OR 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyer's legal or financial status,OR 540 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise checked in Paragraph 22(G),Seller may elect to retain those sums paid by Buyer,including deposit monies: 542 1. On account of purchase price,OR 543 2. As monies to be applied to Seller's damages,OR 544 3. As liquidated damages for such default. 545 (G)j, SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED 546 DAMAGES. 547 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or(G), 548 Buyer and Seller are released from further liability or obligation and this Agreement is VOID. 549 (I) Brokers and licensees are not responsible for unpaid deposits. 55o 23.MEDIATION(1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement,including disputes and claims over deposit monies, 552 to mediation.Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute 553 Resolution System,unless it is not available,in which case Buyer and Seller will mediate according to the terms of the mediation sys- 1 554 tem offered or endorsed by the local Association of REALTORS.Mediation fees,contained in the mediator's fee schedule,will be 555 divided equally among the parties and will be paid before the mediation conference.This mediation process must be concluded before 556 any party to the dispute may initiate legal proceedings in any courtroom,with the exception of filing a summons if it is necessary to € 557 stop any statute of limitations from expiring.Any agreement reached through mediation and signed by the parties will be binding(see 558 Notice Regarding Mediation).Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. 559 24.RELEASE(9-05) 560 Buyer releases, quit claims and forever discharges SELLER,ALL BROKERS, their LICENSEES, EMPLOYEES and any 561 OFFICER or PARTNER of any one of them and any other PERSON,FIRM or CORPORATION who may be liable by or 562 through them,from any and all claims,losses or demands,including,but not limited to,personal injury and property dam- 563 age and all of the consequences thereof,whether known or not,which may arise from the presence of termites or other wood- 564 boring insects,radon,lead-based paint hazards,mold,fungi or indoor air quality,environmental hazards,any defects in the s65 individual on-lot sewage disposal system or deficiencies in the on-site water service system,or any defects or conditions on the 566 Property.Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567 tion,this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity.This 568 release will survive settlement. 569 25.REAL ESTATE RECOVERY FUND(9-05) 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 estate licensee(or a licensee's affiliates)owing to fraud,misrepresentation,or deceit in a real estate transaction and who have been 572 unable to collect the judgment after exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783- 573 3658 or(800)822-2113(within Pennsylvania)and(717)783-4854(outside Pennsylvania). 574 26.COMMUNICATIONS WITH BUYER AND/OR SELLER(1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer,that provision shall be satis- 576 fied by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14.If there is no Broker for Buyer,those provisions may be satisfied only by communication/delivery being made direct- 578 ly to the Buyer,unless otherwise agreed to by the parties.Wherever this Agreement contains a provision that requires or allows com- 579 munication/delivery to a Seller,that provision shall be satisfied by communication/delivery to the Broker for Seller,if any.If there is 580 no Broker for Seller,those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless other- 581 wise agreed to by the parties. 582 27.SPECIAL CLAUSES(140) 583 (A) The following are part of this Agreement if checked: S84 ❑ Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP) 585 ❑ Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) 586 ❑ Settlement of Other Property Contingency Addendum(PAR Form.SOP) 587 ❑ Short Sale Addendum to Agreement of Sale(PAR Form SHS) 588 ❑ Appraisal Contingency Addendum(PAR Form ACA) 589 640&V4N)1n 4A a2n7rvnr= ' 7o A 6 nZ7k m�t17` c->-C 544= 590 591 (C U -r A 592 Buyer Initials:� � ASR Page 10 of 11 Seller Initials:/ Revised 1/10 193 (B)Additional Terms: 594 C 595 �. (" lV �SGV e7 ��C_/L s�'�� �_ SO/LL G: j � jev !��✓1 1�C� 597 t 596 N5 7".4t-t_ A - Tn.'CE4 r,�,�r-,v-r--S yS�- .� v yz� Ivo IA,' has 598 599 -TF A)Ej5o4:9 —6u c--,,z-- s-41 4,1L /��/�F ti �Z / 4 k Cf(� ✓tJ t�ci t=✓;� G00 f 601 NSTA t<- A KA.06,,U M 17-A 6A-n o,J �� S 7 rn �1aD 'fi is -t� goo 602 603 5 �. � �G�t.?61•� "5 6*jc 01'x. 'NOR-E C�JnTCe-� Com- h Y 604 �j 605 LA4,6�.,.5 fb V456<l .id�� � PtiEs )1J ?A^ 606 607 608 609 610 611 612 613 614 611 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 616 -This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original and which coun- 017 terparts together shall constitute one and the same Agreement of the Parties. 611w NOTICE TO PARTIES: WHEN SIGNED,THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. 620 Return of this Agreement,and any addenda and amendments,including return by electronic transmission,bearing the signatures 621 of all parties,constitutes acceptance by the parties. 622 / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code 623 §35.336. 624 / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 625 / Buyer has read and understands the notices and explanatory information in this Agreement. 626 / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement,if required by law 627 (see Information Regarding the Real Estate Seller Disclosure Law). 622 / Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit 629 money)before signing this Agreement. 630 ! Buyer has received the Lead-Based Paint Hazards Disclosure,which is attached to this Agreement.of Sale,and 631 the pamph a Your Family from Lead in Your Home(for properties built prior to 1978) G33 WITNESS BUYER DATE 633 WITNESSBUYER ATE 634 WITNESS BUYER DATE Ess Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 636 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 637 Seller has read and understands the notices and,,.gxplanatory information in this Agreement. 639 WITNESS l 3 .C� SELLER —" /" �`�` DATE 639 WITNESS SELLER DATE 640 WITNESS SELLER DATE ASR Page 11 of 11 Revised 1/10 SELLER'S COPY BUYER'S ESTIMATED COSTS AND DEPOSIT MONEY NOTICE BEC This form recommended and ap roved for,but not restricted to use by,the members of the Pennsylvania Association of REALTORS®(PAR). PROPERTY 17 X!a-6N 17/.1..1 UE BUYER /L, i- mRS104-Art, SETTLEMENT DATE &AZA 3 O. ZO 12 PURCHASE PRICE$ 1. Title First Mortgage--Estimated Monthly Payments INITIALLY (A) Title Search/Insurance $ Mortgage Type: ❑ Fixed Rate ❑ Adjustable Rate (B) Closing Protection Letter $ Based on$ for years, (C) Title Endorsements $ at the following rate(s): % % (D) Mechanics Lien Insurance $ Principal and Interest $ $ (E) Settlement/Notary Fees $ Taxes $ $ (F) Recording Fees (Mortgage/Deed) _ $ Property Insurance $ $ (G) Transfer Tax $ Mortgage Insurance Premium $ $ (H) Sttivey $ Condo/Homeowner's Assoc.Fees _$ $ (1) Domestic Lien Search $ Estimated Total $ $ (J) "Patriot Act"Search $ (K) $ Second Mortgage—Estimated Monthly Payments INITIALLY 2. Broker's Fee $ "' O"- Mortgage Type: ❑ Fixed Rate ❑ Adjustable Rate 3. Property Insurance(e.g.,Homeowner's Insurance) Based on$ ,for years, (A) First Year's Premium $ at the following rate(s): % % (B) Lender Escrow $ Principal and Interest $ $ 4. Adjustments (+/-) (A) School Tax $ Combined Total $ $ (B) County Tax $ (Total of first&second mortgages) (C) Municipal Tax $ If the interest rate is higher or lower than shown above,total (D) Lender Escrows $ monthly payments will be higher or lower. Consult the mortgage (E) Association Fees(prorations) $ lender for more information about mortgage costs and terms. (F) Association Fees(capital contributions,etc.)$ (G) Lienable Utilities $ SUMMARY OF TOTAL MONIES NEEDED 5. Inspection Fees Purchase Price $ (A) Property Inspection $ Estimated Costs(from left column,incl. (B) Wood Infestation $ MIP&VA Funding Fee,if any) $ (C) Radon $ TOTAL CASH REQUIRED(subtotal) $ (D) Water $ Less Mortgage Amt.(including (E) Sewer $ * MIP&VA Funding Fee,if financed) $ (F) Other(e.g.,lead paint) $ Less Seller Assist and Credits(if any) $ b. Lender Less Deposits(if any) $ (A) Fees Charged as Percentage of Loan — $ BALANCE DUE AT SETTLEMENT $ (B) Appraisal&Credit Report(s) $ NOTE: Fees from the left column paid before settlement will be sub- (C) Mortgage Insurance Lender Escrow _ $ traeted from this amount. (D) Mortgage Insurance Premium $ *` DEPOSIT MONEY NOTICE TO BUYER(if applicable) (E) VA Funding Fee $ `* LISTING BROKER(Broker for Seller): (F) Preparation Mortgage Documents _ $ (G) Interest from settlement date until end of SELLING BROKER: month,at$ per day $ (H) Miscellaneous Fees(e.g.,flood cert., I. Listing Broker is a Pennsylvania licensed real estate broker who is tax service,courier,etc.) $ required to hold your sales deposit in escrow. (1) $ 2. Selling Broker is accepting your deposit on behalf of and for trans- 7. Home Warranty j � A. $ O-- fer to the Listing Broker. 8. Other $ _ 3. If the deposit is in the form of a check,the check must be made Estimated Costs $ payable to the Listing Broker. 'payment may be required before settlement **usually financed in mortgage amount Buyer understands that the estimated costs are based on the best information available at this date and may be higher or lower at settlement. BUYER DATE BUYER DATE /2. / BUYER - — DATE BROKER(Company Name) PROVIDED BY(Licensee)_ DATE COPYRIGHT PENNSYLYANIAASSOCIATION OF REALTORS®2005 �/ Pennsylvania Association of REALTORS" 10105 ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE ASA PROPERTY / 7 A-_-7 y u,) 1:>a 1 u!,^ SELLER CLoP�=r7S BUYER _ r2, �f' !n'j 2S . 7-L,14 2T SO Q2 .) DATE OF AGREEMENT Z- 1-3 ,ITEMS OF CHANGE PRIOR TO CLOSE CREDIT CHARGE 1. Change out appliances to buyers pick at Smith's Appliance,Builder to install at NC $3800.00 $5140.00 2. Replace existing kitchen sink with white Farmers sink and re-fit granite No Labor $950.00 3. Interior brick veneer on walls in Family,Dining,&Fireplace per builder samples Labor inc. $2400.00 4. Kitchen Island replacement with buyer supplied and buyer installed island $1420.00 NC S. Existing toilets through out replaced with buyer supplied toilets ($130 credit each) $520.00 NC 6. Upstairs office add two more shelves like existing No Labor $75.00 7. Bedrooms 2&3 add one more shelflike existing No Labor $125.00 8. Vanities in powder room and upstairs bedrooms replaced with buyer supplied choice $1100.00 No Labor 9. Upstairs Tubs add sliding clear glass shower doors per builder No Labor $350.00 10. Custom framed mirrors with headers to match trim in existing at all vanities$60(X6) Labor inc. $360.00 It. Steps at all entrances to match red mahogany porch ceilings -0- No Labor 12. 3 Overhead garage doors to be replaced with Wayne Dalton 9400 white Carriage series No Labor $1350.06 13. Replace existing clawfoot in master bath with buyer choice($1300 builder allowance) $1300.00 No Labor 14. Remove existing laundry cabinets,top,and sink....relocate and install in garage -0- $200.00 15. Any existing lights exterior or interior,to be replaced...buyer will supply -0- No Labor 16. Relocate Washer and Dryer hook-ups to basement including LP gas -0- $125.00 17. Kitchen knobs to be replaced and supplied by buyer,installed by builder -0- No Labor 18. Re-work existing fireplace trim to include fluted and a wider header -0- $125.00 19. Builder to install buyer supplied screen doors,buyer will paint -0- No Labor 20. Builder to remove and paint exterior fan blades to buyer color choice and re-install -0- No Labor 21. Builder to install lights and a utility sink on unfinished workshop side of basement -0- $175.00 22. Y4 Basement finish to include rough-in plumbing for kitchen and bath,finish electrical, framing of walls,double doors to unfinished side,drywall,insulation,and painting, and labor to install cabinets supplied by the buyer..Buyer also to supply and install flooring in the fished space. -0- $16.300.00 TOTALS = $8140.00 $27,675.00 NOTE; WELUBHI LLC,TO RETAIN ALL EXISTING REPLACED ITEMS AT NO COST TO BUILDER... :V[31V A6 6v4d 4-&e TOTAL PREPAID CHARGES DUE PRIOR TO START = $19,535.40 WITNESS BUYER WITNESS BUYER ->�DATE WITNESS rz� 7't 5 �i SELLER � DATE WITNESS SELLER DATE WITNESS SELLER DATE Pennsylvania Association of REALTORS COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO 1993 09102 Form generated by:True Forms"from REVFAL21 SYSTEMS,Inc.800-499-9612 CONSUMER MER NOTICE CN THIS IS NOT A CONTRACT In an effort to enable consumers of real estate services to snake inforned decisions about the business relationships they may have with real estate brokers and salespersons(licensees),the Ileal Estate Licensing and Registration Act(RELRA)requires that consumers be provided with this Notice at the initial interview. • Licensees may enter into the following agency relationships with consumers: SellerAgent As a seller agent the licensee and the licensee's company works exclusively for the seller/Iandlord and must act in the seller's/landlord's best interest,including making a continuous and good faith effort to find a buyer/tenant except while the property is subject to an existing agreement. All confidential information relayed by the seller/landlord must be kept confidential except that a licensee must reveal known material defects about the property.A subagent has the same duties and obligations as the seller agent. Buver Agent As a buyer agent,the licensee and the licensee's company work exclusively for the buyer/tenant even if paid by the seller/landlord. The buyer agent must act in the buyer/tenant's best interest,including making a continuous and good faith effort to find a property for the buyer/tenant,except while the buyer is subject to an existing contract,and must keep all confidential information,other than known material defects about the property,confidential. Dual Agent As a dual agent,the licensee works for Goth the seller/landlord and the buyer/tenant.A dual agent may not take any action that is adverse or detrimental to either party but must disclose known material defects about the property.A licensee must have the written consent of both parties before acting as a dual agent. Designated Agent As a designated agent, the broker of the selected real estate company designates certain licensees within the company to act exclusively as the seller/landlord agent and other licensees within the company to act exclusively as the buyer/tenant agent in the transaction. Because the broker supervises all of the licensees, the broker automatically serves as a dual agent. Each of the designated licensees are required to act in the applicable capacity explained previously.Additionally,the broker has the duty to take reasonable steps to assure that confidential information is not disclosed within the company. . In addition,a licensee may serve as a Transaction Licensee, A transaction licensee provides real estate services without having any agency relationship with a consumer.Although a transaction licensee has no duty of loyalty or confidentiality,a transaction licensee is prohibited from disclosing that: •The seller will accept a price less than the asking/listing price, •The buyer will pay a price greater than the price submitted in the written offer;and •The seller or buyer will agree to financing terms other than those offered. Like licensees in agency relationships,transaction licensees must disclose known material defects about the property. 12/08 Form generated by:True Forms" www.TrueForms.com 800-409-9612 F • Regardless of the business relationship selected,all licensees owe consumers the duty to: t •Exercise reasonable professional skill and care which meets the practice standards required by the RELRA. •Deal honestly and in good faith. •Present,as soon as practicable,all written offers,counteroffers,notices and communications to and from the parties.This duty may be waived by the seller where the seller's property is under contract and the waiver is in writing. •Comply with the Real Estate Seller Disclosure Law. s •Account for escrow and deposit funds. •Disclose,as soon as practicable,all conflicts of interest and financial interests. •Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. •Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. •Keep the consumer informed about the transaction and the tasks to be completed. •Disclose financial interest in a service,such as financial,title transfer and preparation services,insurance,construction,repair or inspection,at the time service is recommended or the first time the licensee learns that the service will be used. • The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an agreement/disclosure statement: •The duration of the licensee's employment,listing agreement or contract. •The licensee's fees or commission. •The scope of the licensee's activities or practices. •The broker's cooperation with and sharing of fees with other brokers. •All sales agreements must contain the property's zoning classification except where the property is zoned solely or primarily to permit single family dwellings. •The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud,misrepresentation,or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783-3658. Before you disclose any financial information to a licensee,be advised that unless you select a business relationship by signing a written agreement,the licensee is NOT representing you.A business relationship is NOT presumed. t ACKNOWLEDGMENT I acknowledge that I have received this disclosure. Date (Consumer's Winted Name) Consum is 'ign ure) Date. Z 1-2-013 S (2 a 2 n y 12--C (Consumer's Printed Name) Sign ure) I certify that I have provided this document to the above consumer during the initial interview. Date: r r!flu 61� (Licensee's Printed Name) censee's Signature) (License#) Adopted by the State Real Estate Commission at 49 Pa. Code§35.336. Form generated by:True Forms" www.TrueForms.com 800-499-9612 LOT #8 / LOT #9 / ORQ)VAC i`MfNT , LOT #10 Sol \ 1 s \ 10' UTILITY LOT #22 EASEMENT �► �' S88'56'00"W 100.00' ♦ DR '� LOT #21 I �'�SeMFNTce / IRON PIN M 2.95 ACRES ( �. .'i 8E SET(rip.) ti LOT #20 `1 ' w d LOT #25 ji PROSED 10' L?OA WALK NGOEASEMENT i z 2VA 9 ; .60'9tZ "� M"£4,19.91N - - - - - —4' WALKING - - - - - - PATH LOT #28 LOT #26 LOT #27 100 20 0 20 100 SCALE: 1" = 100' 1� PLOT PLAN Z� for SCALE: 1" = 100' V13 LOT 21 DRAWING, dwg/Plot 4 ©� LINDENWOOD NAME ' PIO.S.LOt 21 S�S DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 1 Of 1 --t08\\\ \1 V I\OT #10 _ HIGM 90117 ELEv--617.70 EW-4- l (F2*A 6 3 1 LbT #22 \ \ I \ l eEY{M (TYP.)\ 3��► / I \\\\ LOW PO'fNp \STA,� 23+76.28 n ) 1 \ \ \ \ \ \ELM 614.28 � r o \,TI#i1 I l 1 ( I h I1 II Z4 T `# A OA PROPOS —� WAL(ING A ENT' M� 1 ING PATH / I "^LOT #26 \LQT #2 � 1 too 20 0 2`0 goo SCALE: 1" = 100' f / � -2 PLOT PLAN la �/3 LOT 21 SCALE: 1" = 100' ORAWNG. dwg/Plot 0�` LINDENWOOD NAME Plorsftol 21 /�J DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 1 OP 1 , ":> ;�CNI /YL , W FE �► 977 WalnttlBottom Road Carlisle, PA 17015 717249.18.44 phone: 717-249-1844 1"aN. 717-249.1822 Agreement of Sale Acknowledgment of Notices All parties acknowledge that Hooke Hooke & Eckman Realtors LLC provided opportunity for Client or Customer to review Notices on back of various pages of the Agreement of Sale. Client or Customer acknowledges Notices and has initialed each page. (2 Client or Customer - ate ► Client or Customer Date Brokerage I�yILc� fL fj � Licensee's signatu WHO WE ARE Welubhi Housing Group LLC of Carlisle,Pennsylvania offers home renovations and general contracting services throughout Central Pennsylvania. Welubhi's principal, Wesley D Ketner, is also a licensed salesperson affiliated with the acclaimed real estate brokerage of Hooke,Hooke&Eckman Realtors,LLC,with an office location in Carlisle Pennsylvania.Welubhi Housing Group LLC is an approved builder and contractor for the construction of new homes in the Lindenwood community,owned by Carlisle Developers,LLC and Yentzer&Yentzer Enterprises,d/b/a School Road Joint Venture. Services provided by Mr.Ketner through his firm,the Welhubi Housing Group,LLC are not provided in connection to the services he provides as a salesperson affiliated with Hooke, Hooke&Eckman Realtors,LLC. While the owners and managers of Hooke,Hooke&Eckman Realtors,LLC and School Road Joint Venture appreciate the skill and craftsmanship possessed by Mr.Ketner,they do not control,direct,or supervise the work perfonned by Welubhi,nor do they receive any financial benefit from the services performed by Welubhi or Mr.Ketner in his capacity as an employee and principal of Welubhi. Hooke, Hooke&Eckman nor School Road Joint Venture is financially or legally responsible for Welubhi nor is it responsible for the construction,renovation and repair services undertaken by Mr.Ketner. I acknowledge receipt of this disclosure: Signature Date c. Signature — Date ./186016 /178229 NON-REPRESENTATION ACKNOWLEDGEMENT NRA This form recommended and approved for,but not restricted to use by,the members of the Pennsylvania Association of Realtors®(PAR). THIS IS NOT A CONTRACT 1 BROKER(COMPANY) tjt3 pD/L _�5­ , 2 LICENSEE(S) 3 Note.The term Buyer'hiso will he construed to mean 1knant')hroughout this areement 4 Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 5 Does Buyer have a business relationshi with another broker? Fl Yes t No 8 If yes,explain is �� C3 , MATF AX S w122 7 Buyer is not represented by a broker. Broker listed above is a Seller Agent, as described in the Consumer Notice, who works 8 exclusively for the seller and must act in 7t1ler's best interest. 9 BUYER 1 DATE - (�� 10 BUYER DATE DS` 2�Zo/ 11 BUYER DATE 12 BROKER(COMPANY) 7'7pD/LC �j�al�r= �d C-�C ,9,sJ 13 ACCEPTED ON BEHALF OF BROKER BYDATE 3 t Z. � f 3 I i 1 Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIAASSOCIATION OF REALTORS 02011 02/11 Form generated by:True Forms'from REVEAL n4 SYSTEMS,Inc.800-499-9612 EXHIBIT `B" 8/14/2014 Welubhi-Carlisle,PA Commercial Building,Home and Building Renovation and Residential Home Builders COMMIRCIAI. RE31pf Nil Al. RENOVATION • available properties • rea This link will allow you to browse Hooke,Hooke&Eckman's home listings without leaving this site. • About Us • contact welubhi see our featured ro e • Commercial • Residential • Renovation Back to Residential Projects Shook Hill F AVI WELUBHI UC. j ll ►tf �'w we/ubhi,com �i a< s a Completed Exterior This project was completed in the summer of 2013. http:/Mmw.vvelubhi.com/residential/Shook-Hill.php 1/14 EXHIBIT "C" y-i 27 WELUBM HOUSING LLC. David W. Ketner 717-315-1262 WARRANTY The house on 17 Peyton Drive, Carlisle Pa 17015 is covered by a 1 year builder warranty from the below listed date. The house has,been constructed, visually inspected by MDIA, and found to be in compliance with the Pa Construction Code as stated in the attached Use and Occupancy permit. Any issues that may arise, and found to be a warranty item shall be resolved by a manufacturer fix or replacement if involving equipment. Any other issues shall be resolved by having Welubhi contact the sub-contractor who initially performed the workmanship needing addressed for repair within a timely manner.. Thank You, r� \ June 28, 2013 David W. Ketner (wes) EXHIBIT "D" .......... 28 Middle Department Inspection Agency Inc. 3901 Hartzdale Dr Ste 112 Camp Hill,PA 17011 Tel:717-761-5340 Fax:717-761-5589 Use and Occupancy Certificate The following building or structure has been visually inspected and found to be in compliance with the Pennsylvania Construction Code Law(1999,!November 10,RL.491,No.45) Building/Structure.Address: 17 Peyton Dr-,Carlisle �'Murncipahty;.Dickinson Twp `. 1. Fermi#Nur ber: 2012-12DT County: Cumberland Permit Holdef Name: Welubhi LLC ! Permit Holder's Address: 1521 µemlock Ave,Cariisle ' Building Structure NaMp: NIA ' f Approved.Occupancy Class: R3 Approved Construction Type: VB f; Construction Code]Edition: 2009IRC r . Automatic. 6 Special Stipulations!Condiki rlS'-NfA ,, LL f f, r Board Of Appeals Declstons: NIA _ ? AccessibHity Variance by L&I:n A Description of Work Covered ,- Under,Permit:rrew single family ttweliirlg, This certificate of occupancy authorizes occupancy and use oTthe above named building or structure as long as it is maintained in accordance with the Pennsylvania Construction Code Act. Date of Final Inspection: 6/7/2013 V Building Code Oficial Paul Rampulla Jr. 00690 EXHIBIT "E" 29 00306F FAFILEMClionts112265 Carlisle Developers,LLC112285.14 DP 1I Peyton DAI2285.14.DFFD.Revised;"d Parcel No. 08-11-0292-127 DEED MADE THE fib' day of June, 2013. BETWEEN CARLISLE DEVELOPERS, LLC, a Pennsylvania limited liability company, and YENTZER&YENTZER ENTERPRISES,a Pennsylvania general partnership,and WELUBHI HOUSING GROUP;LLC,a Pennsylvania limited liability company,all of Cumberland County, Pennsylvania hereinafter referred to as: Grantors, AND STUART A. SPERN AND TRACY A. SPERM, husband and wife, of Cumberland County.Pennsylvania,holding title as tenants by the entirety,hereinafter referred to as: Grantees, In consideration of SIX HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED THIRTY-FIVE AND 00/100 DOLLARS ($624,435.00), the receipt whereof is hereby acknowledged,the Grantors do hereby grant and convey to the Grantees,their heirs and assigns: ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson, County of Cumberland, Conirrionweah'-of rennsyivania, bounded and described according to Final Subdivision Plan for Lindenwood, prepared by Madden Engineering Service, Inc., dated October 29, 2008, revised through December 28,2008,and recorded at Instrument No.200923453;as follows, to wit: BEGINNING at an iron pin to be set on the right-of-way line of Peyton Drive (50' ROW) at the northwestern corner of Lot#20 on the above-referenced Plan; thence along Lot#20 the 2 following courses and distances: 1)South 88 degrees 56 minutes 00 seconds West 100.00 feet to an iron pin to be set; and 2) .South 72 degrees 16 minutes 52 seconds`Alest 356.75 feet to an iron pin to be set;thence along Lot 427, North 16 degrees 51 minutes 43 seconds West 215.09 feet to an iron pin to be set; thence along Lot#25 the following 2 courses and distances: 1)North 73 degrees 08 minutes 17 seconds East 117.72 feet to an iron pin to be set;and 2)North 21 degrees 00 minutes 33 seconds East 135.96 feet to an iron pin to be set;thence along Lot#22, South 88 degrees 41 minutes 46 seconds East 337.13 feet to an iron pin to be set; thence along the said Peyton Drive(50'ROW)the following 2 courses and distances 1) on a line curing to the right having a radius of 1025.00 feet, arc length of 42.41 feet and a chord bearing of South 00 degrees 07 minutes 07 seconds West 42.41 feet to an iron pin to be set; and 2)South 01 degree 04 minutes 00 seconds East 206.43 feet to an iron pin to be set,the point and place of BEGINNING. THE above-described lot of land is all of Lot#21 as shown on said Subdivision Plan for Lindenwood recorded as aforesaid, and contains an area of 2.95 acres,more or less. BEING a portion of the same premises which Manufacturers and Traders Trust Company, in its capacity as Executor of the Last Will and Testament of Miriam E. Hoover,deceased,by Deed dated September 26,2007,and recorded September 28, 2007, in Cumberland County, Pennsylvania, at Instrument Number 200737661, granted and conveyed unto Carlisle Developers, L.L.C., a Pennsylvania limited liability company; and Yentzer & Yentzer Enterprises, a Pennsylvania general partnership, Grantors herein. UNDER AND SUBJECT to Declaration of Protective Covenants, Reservations, Conditions and Building Restrictions Concerning Lindenwood recorded on June 16, 2010,in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania, at Instrument No. 201015906 and any amendments thereto. UNDER AND SUBJECT to restrictions,easements,set-backs,requirements,general notes,etc., as referenced on the Final Subdivision Plan for Lindenwood. UNDER AND SUBJECT to a twenty (20) foot drainage easement located on the northeast corner of said property. UNDER AND SUBJECT to Plan Note No. 16 of the hereinbefore mentioned Final Subdivision Plan for Lindenwood which states: "Upon occupancy of any residence, owner shall provide and maintain a lamppost of between six(6)and eight(8)feet in height above the ground and locate said lamppost in the front yard of the lot within thirty-five (35) feet of the street right-of-way. Such lamppost shall be illuminated with at 60-150 watt light bulb(or combination of light bulbs whose total wattage is between 60 and 300 watts)each day between the hours of sunset and sunrise as those times are published by the National Oceanic and Atmospheric Administration for Carlisle, Pennsylvania. Electrical Service for said lamppost shall be provided via a direct (non-switchable) connection from the residential electrical service panel. Owner shall be responsible for obtaining all necessary permits for the installation of lamppost, maintain the lamppost in a rust-free condition, provide electricity to lamppost,keep all lamppost glass clean and generally maintain the lamppost in good operating order. This Note shall be placed on all Deeds and shall constitute a restrictive covenant running with the land'' UNDER AND SUBJECT to Plan Note"No. 17 of the hereinbefore mentioned Final Subdivision Plan'for Lindenwood which states: "The owners of Lots 16-18, 25, & 27-29 are responsible for the maintenance of the portion of the 4 foot walking path within the boundaries of their respective lot. The walking path will be constructed at the time of the sale of the first lot or at the time the other improvements are installed. This note shall be placed on all deeds and shall constitute a restrictive covenant running with the land. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions,notations and agreements affecting the property,visible or of record. i SIGNED AND SEALED AND DELIVERED IN THE PRESENCE OF: CARLISLE DEVELOPERS, LLC, a Pennsylvania limited liability company By: � Matthew D. Madden,Member YENTZER& YENTZER ENTERPRISES, a Pennsylvania general partnership By: A_.-._.._� Rodney Yentzer, General Partner By: Obert Mentzer, G ral ner COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this, the V�' day of Tohe_ , 2013, before me, the undersigned officer, personally appeared Matthew D. Madden, who acknowledged himself to be a member of Carlisle Developers, L.L.C.,and that he as such member being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year aforesaid. Aw&lak lh&p" - Noblic —. COMMONWEALTH OF PENNSYLVANIA _ Notarial Seal Anjanette S.Appleby,Notary Public Carlisle Boro,Cumberland County My Commission res .77,2014 Mefii ; of Notaries COMMONWEALTH OF PENNSYLVANIA j )SS COUNTY OF CUMBERLAND ) On this,the day of 7gc. ,20�,before me,the undersigned officer, personally appeared Rodney Yentzer,one of the general partners of Yentzer&Yentzer Enterprises, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same.for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. 1114 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal 4njanetta S.Appleby,Notary Public Carlisle Baro,Cumberland County +r C rn^lissian rxpire5 Au .27,2014 ., .-. .'^�<-C,:I;tc,rta hcrnryTtl�sn of P14t#3riEs COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this, the _ day of "Yi -e— , 20 13, before me, the undersigned officer, personally appeared Robert Yentzer, one of the general partners of Yentzer & Yentzer Enterprises,known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. V Notary Public C0iMMONVIEALTH OF PENNSYLVANIA Notarial Seat Anjanette s.Appleby,Notary Public caritsie Boro,Cumberiand County wy Commissloaj Expires Au ,27 2014 Amociation of Notaries SIGNED AND SEALED AND DELIVERED IN THE PRESENCE OF: WELUBHI HOUSING GROUP,LLC,a Pennsylvania limited liability company By r�IC� fL� ��"',. David W. Ketner,Member By: {! ,d W Mona S. Ketner,Member COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) On this,the_ day of '�-,)Y�e-- ,2013,before me,the undersigned officer, personally appeared David W. Ketner, who acknowledged himself to be a member of Welubhi Housing Group,LLC,and that he as such managing member being authorized to do so,executed-the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year aforesaid. Not 'Notz&Y Public COMMONWEALTH OF PENNSYLVANIA Notarlai Seal public Anjanette S.ApPI "Notary Carlisle Koro,Cumr►Ane county 1 4 My commission ., aeon of Naiades Member,POO d�NA/+ss�! COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) On this,the ` day of -11 vig- 2013,before me,the undersigned officer, personally appeared Moria S. Ketner, who acknowledged herself to be a member of Welubhi Housing Group,LLC, and that she as such managing member being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year aforesaid. Cf�MMQNWI:ALTH OF PENNSYLVANIA ! JR N= sell knjanette S.Appleby,Notary public Notary Public ! Carlisle Boro,eumberiand count' { My commission Expires Av .27.2014 prnrlcV'vONIa aatlon of Notaries I hereby certify that the precise residence and complete post office address of the within Grantees is 17 1&,,���;,-� 'J Attorney for Gr e MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE,PENNSYLVANIA 17013 TELEPHONE 717-243-3341 FACSIMILE 717-243-1850 INTERNET www.martsonlaw.com ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE '- CARLISLE, PA 17013 717-240-6370 = a a Instrument Number-201321329 .Recorded On 6/27/2013 At.2:56:42 PM *Total Pages-8 *Instrument Type-DEED Invoice Number-140587 User ID-:SW *Grantor-CARLISLE DEVELOPERS LLC *Grantee-SPERN,STUART A *Customer-DUNCAN FEES STATE TRANSFER TAX $6,244.35 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES : $18.00 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $15.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $3,122.18 DISTRICT DICKINSON TOWNSHIP $3,122.11 TOTAL PAID $12,562.20 I Certify this to be recorded in Cumberland County PA cli n° �v �rT� RECORDER O D EDS a7aa *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page: III 00306E II I III Ilil II I I II II I III SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson �|��-0F,|1;^_' Sheriff.~__ �cTHE pROTAONOo,�� ^^mw `qtrco�� 2:��./ SEP 22 �o �v Jody S Smith Chief Deputy Richard WStewart Solicitor w*ICE OF THE CUMBERLAND COUNTY � PENNSYLVANIA Stuart Spern (et al.) Carlisle Developers, LLC(eta|j Case Number 2014-4878 SHERIFF'S RN OF SERVICE 0903/2014/ O31OPW1'Deputy WiUiamCline, being duly sworn according holaw, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Beth She . Front Desk, who accepted as "Adult Person in Charge" for Matthew Madden at 977 Walnut 8ctom oad, South K8idd|ekon, Carlisle, PA 17015. LAN LINE, DEPUTY � O09/03/20141 2O14 o�:1OPW1-Deputy William Cline, being duly sworn according hnlaw, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Beth Shenk, Front Desk, who accepted as "Adult Person in Charge" for David W Ketner at 977 Walnut Bottom Road outh Middleton, Carlisle, PA 17015. / 09/03/2014 03:10 PM - Deputy William Cline, being duly sworn accorinQbolaw.oemedtherequomb*dCompain(& Notice by handing a true copy to a person representing themselves to be Beth Shenk, Front Desk, who accepted as "Adult Person in Charge" for Car!isle Developers, LLC at Hooke, Hooke, Eckman, 977 Walnut Bottom Road, South K8\dd|abon, Cadisle, PA 17015. CLINE, DEPUTY � 08/04/2014 03:10 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Beth Shenk, who accepted as "Adult Person in Charge" for Welubhi Housing Group at 977 Walnut Bottom oad arlisle, PA 17013. LL!AM CLINE, DEPUTY 09/04/2014 103:43 PM - Deputy Shawn8utshal|.beingduk/owornmoourdngholaw.eenxydUhorequesbedCompdaint& Notice by "personaily" handing a true copy to a person representing themselves to be the Defendant, to wit: Mona Ketrier at 51 W. Big Spring Avenue, Newville Borough, Newville PA 17241. (c) CountySuite Sheriff, Teleosoft, Inc. G TSHALL, DEPUTY 1 09/04/2014 04:28 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Rodney Yentzer, Owner, who accepted as "Adult Person in Charge" for Yentzer & Yentzer Enterprises at 247 York Rd, Carlisle, PA 17013. N GUTSHALL, DEPUTY 09/04/2014'04:28 PM - Deputy Shawn Gutshall, 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: Rodney L. Yentzer at 247 York Rd, Carlisle, PA 17013. reorwr,VP 410GUTSHALL, DEPUTY 09/05/2014 102:20 PM - Deputy William Cline, being duly sworn according to law, served the requ-sted Complaint & Notice by "personally" handing a true copy to a person representing themselv-.- to,%e the Defendant, to wit: Robert D Yentzer at 2272 Ritner Hwy, Newville, PA 17241. IAM CLINE, DEPUTY 09/12/2014 / 12:56 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Wayne Welker, Manager of this office, who accepted as "Adult Person in Charge" for Paul Rampalla, Jr. at 3901 Hartzdale Drive, Suite 112, Lower Allen, Camp Hill, PA 17011. t/ _ W GUTSHALL, DEPUTY 09/12/20141 12:56 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Wayn Welker, Manager of this office, who accepted as "Adult Person in Charge" for Middle Department Insepction Agency at 3901 Hartzdale Drive, Suite 112, Lower Allen, Camp Hill, PA 17011. C/*ale* iii.,14FA15471° .4 4141117GUTSHALL, DEPUTY SHERIFF COST: $302.48 SO ANSWERS, September 16, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com STUART SPERN and TRACY SPERN, : Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR., Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO, 14-4878 CIVIL ACTION — LAW Defendants PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II in the above -referenced matter. :653262 Respectfully submitted, E ART & WEIDNER effrey B. Rettig, Es 301 Market Street, I D No. 19616) Box 109 Lemoyne, PA 17043 (717) 761-4540 Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II CERTIFICATE OF SERVICE AND NOW, this 217/ day of September, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire Zimolong, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Attorneys for Plaintiffs Welubhi Housing Group, LLC 14 Carlisle Road Newville, PA 17241 David W. Ketner 14 Carlisle Road Newville, PA 17241 Mona Ketner 14 Carlisle Road Newville, PA 17241 Middle Department Inspection Agency 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Paul Rampulla, Jr. 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 N, DUFFIE, S WART & WEIDNER By: ffrey B. Rettig Johnson, Duffle, Stewart & By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania (717) 761-4540 jbr@jdsw.com 17043-0109 OFFTHE PROTHONOE ^T A h 20A SEP 23 P?I2:59 CUMgE RL` ND,COU TY Weidner PEN NS yL�'AN! Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II STUART SPERN and TRACY SPERN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNA. NO. 14-4878 CIVIL ACTION — LAW v. Plaintiffs CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION : AGENCY and PAUL RAMPULLA, JR., Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER and RODNEY L. YENTZER TO PLAINTIFFS' COMPLAINT AND NOW come the above -referenced Defendants, by their attorneys, Johnson, Duffie, Stewart & Weidner, pursuant to Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure, respectfully requesting this Honorable Court sustain these Preliminary Objections and, in the furtherance thereof, state as follows: 1. On August 15, 2014, the Plaintiffs filed a nine -Count Complaint with your Honorable Court. 2. Plaintiffs' Complaint arises from the sale of a home to the Plaintiffs. 3. According to Plaintiffs' Complaint, Defendant Welubhi Housing Group, oversaw all aspects of the construction of the home (Plaintiffs' Complaint, paragraph 30). 4. According to Plaintiffs' Complaint, Moving Defendants were owners of the real estate on which Welubhi constructed the home. 5. Plaintiffs' Complaint claims that there are various construction defects with the home that causes a number of problems for the Plaintiffs. I. Defendants' Preliminary Objections to Count I of Plaintiffs' Complaint 6. Count I of Plaintiffs' Complaint purports to set forth a cause of action for "fraudulent inducement" against Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group and David Ketner. 7. In that Count, Plaintiff alleges that these Defendants made false representations that the house being sold was constructed in a good and workmanlike manner according to the PCCA, that these representations were false and request that the contract be rescinded. 8. Under Rule 1019(b) of the Pennsylvania Rules of Civil Procedure, allegations of fraud must be "pleaded with particularity". 9. Plaintiffs' Complaint fails to plead with particularity any fraudulent conduct or statement on the part of Carlisle Developers and Yentzer & Yentzer. 10. Moreover, Plaintiffs allege in paragraph 49 that they have no adequate remedy at law other than to rescind the agreement. 11. Plaintiffs set forth no factual basis to support that assertion and, in fact, have pursued adequate remedies of law to compensate them for the asserted deficiencies with their home. WHEREFORE, Moving Defendants request that Count I of Plaintiffs' Complaint be dismissed without cost to them. II. Preliminary Objections to Breach of Contract Claim (Count II) 12. In Count II, Plaintiffs claim that Defendants, Carlisle Developers, Yentzer & Yentzer and Welubhi had a contractual duty to construct the home in a good and workmanlike manner and failed to do so, thereby breaching the Contract. 13. Attached as Exhibit A to Plaintiffs' Complaint is the contract consisting of the Standard Agreement for the Sale of Real Estate. 14. The sellers identified on that Contract are Defendant Carlisle Developer, LLC and Yentzer & Yentzer, Ent. 15. At paragraph 23 of that Agreement, it is required that Buyer and Seller submit all disputes or claims that arise from this Agreement to Mediation. That provision further requires that the Mediation process be concluded before any party to the dispute may initiate legal proceedings in any courtroom. WHEREFORE, Your Honorable Court is requested to comply with the terms of the Contract pled by Plaintiffs and dismiss Plaintiffs claims against Carlisle Developers and Yentzer & Yentzer for Plaintiffs' failure to abide by the Mediation provision of the Contract. Ill. Preliminary Objections to Plaintiffs' Breach of Implied Warranty Claim (Count Ill) 16. Count II of Plaintiffs' Complaint alleges a breach of implied warranty against Defendants Carlisle Developers, Yentzer & Yentzer and Welubhi. 17. In that Count, it is alleged that these Defendants impliedly warranted that the home would be constructed in a good and workmanlike manner. 18. The implied warranty of habitability extends from the builder/vendor to the homeowner. 19. As alleged in paragraph 30 of Plaintiffs' Complaint, Defendants Carlisle Developers and Yentzer & Yentzer were not builders of this home. Welubhi Housing was. WHEREFORE, Moving Defendants request that Count III of Plaintiffs' Complaint be dismissed without cost to them. IV. Preliminary Obiections to Breach of Express Warranty Claim (Count IV) 20. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi and David Ketner breached an express warranty. 21. Paragraphs 32-34 of the Complaint sets forth the terms of the Express Warranty issued by Welubhi only as contained in Exhibit C of Plaintiffs' Complaint. 22. Exhibit C is a Warranty issued by Welubhi Housing, LLC, signed by David W. Ketner and dated June 28, 2013. 23. Nowhere in Plaintiffs' Complaint is it alleged that Defendants Carlisle Developers and Yentzer & Yentzer issued an Express Warranty to Plaintiffs. WHEREFORE, Defendants Carlisle Developers and Yentzer & Yentzer requests that Count IV of Plaintiffs' Complaint be dismissed without cost to them. V. Preliminary Objections to Claims Based on Unfair Trade Practices and Consumer Protection Law (Count V) 24. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi Housing and David Ketner violated the Unfair Trade Practices and Consumer Protection Law. 25. In this Count, Plaintiffs attempt to transform this run-of-the-mill construction defect case into one for consumer fraud under the UTPCPL, a punitive statute that allows for civil penalties and the recovery of treble damages and attorney fees against the Defendant found to have engaged in "fraudulent or deceptive conduct". 73 Pa.C.S.A. §§201-1; 201-8; and 201-9.2. 26. The facts of this case cannot support a UTPCPL claim against Moving Defendants because that Act does not allow Plaintiffs to transform an alleged mistake in construction into a fraud. 27. Any claim under the UTPCPL must met certain basic criteria; (1) fraudulent or deceptive conduct; (2) justifiable reliance; and (3) causation. See, Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 438 (Pa. 2004). 28. In their Complaint, Plaintiffs simply allege that promises were made by the Defendants that the home would be constructed in a good and workmanlike manner and in accordance with the PCCA and then allege that the home was not so constructed. 29. These allegations are insufficient to establish the element of "fraudulent or deceptive conduct", which requires the Plaintiff to show that a given Defendant engaged in "intentional misleading by falsehood spoken or acted." Johnson v Met Life Bank, 883 F.Supp 2d. 542, 548 (EDPA 2012). WHEREFORE, Moving Defendants request that Count V of Plaintiffs' Complaint be dismissed as to them. VI. Preliminary Objections to Plaintiffs' Claim for Negligent Misrepresentation (Count VI) 30. In Count VI of Plaintiffs' Complaint, they allege that the Defendants, Carlisle Developers, Yentzer & Yentzer, Welubhi Housing and David Ketner engaged in negligent misrepresentation through the Sales Agreement, the Express Warranty, "and other verbal representations". 31. Plaintiffs have failed to identify any "verbal representations" that represent negligent misrepresentations on the part of Moving Defendants. 32. Moreover, Count VI appears to represent a request to recover in tort economic losses related to property damage allegedly caused by construction defects. There is no allegation of physical injury or damage to property other than Plaintiffs' home. 33. Under Pennsylvania law, the Economic Loss Doctrine precludes tort recovery of purely economic losses "where there is no physical injury and the only damages are to the product itself. Repasky v Geld -Wen, Inc., 81 Pa.D&C 4th, 495, 498 (Pa.Ct. Comm. Pl. 2006)". 34. This doctrine applies to, among other things, claims of negligence and negligent misrepresentation. Repasky, 81 Pa. D&C 2d at 498-503 (Applying Economic Loss Doctrine to bar negligence claims; Excavation Text, Inc. v Columbia Gas Co Pa, 936 A.2d 111, 114-115 (Pa.Super. 2007) (holding the Economic Loss Doctrine applies to common law negligent misrepresentation claims). 35. In the context of residential construction, the completed house is deemed to be the "product" such that the Economic Loss Doctrine bars tort claims seeking to recover for damage to the house itself. Repasky, 81 Pa.D&C 4th at 501 ("when the component of a structure is alleged to be defective, it is not considered "other property", and the Economic Loss Doctrine will bar the plaintiff from recovering under a theory in tort") 36. In Count VI, Plaintiffs seek to recover purely economic losses related to alleged property damage to their house itself. Therefore, this Count is barred by the Economic Loss Doctrine. 37. In addition to the Preliminary Objections set forth above, Plaintiffs' claims in Count VI are also legally insufficient. 38. The elements of a Negligent Misrepresentation Claim are: (1) a misrepresentation of a material fact; (2) made under circumstances in which the misrepresentor ought to have known its falsities; (3) with an intent to induce another to act on it; and (4) which results in injury to a party acting in justifiable reliance on the misrepresentation. Milliken v Jacono, 68 3d. 133, 141 (Pa.Super. 2012). 39. Here, Plaintiffs aver that there is no allegation alleged by Plaintiffs of any facts to suggest that the Moving Defendants "ought to have known" of their statement's alleged falsity at the time they were allegedly made. 40. In addition, Plaintiffs' allegation regarding "other verbal representations" is vague and should be clarified to indicate exactly what the "other verbal representations" were and who made them. WHEREFORE, Moving Defendants request that this Honorable Court dismiss Count VI of Plaintiffs' Complaint or, in the alternative, order Plaintiffs to file a more specific pleading with respect to the allegation of "other verbal representations". VII. Preliminary Objections to Plaintiffs' Claim to Pierce the Corporate Veil Regarding Matthew Madden (Count VIII) 41. In Count VIII of Plaintiffs' Complaint, Plaintiff makes conclusory allegations regarding Mr. Madden and Carlisle Developers and seeks to pierce the corporate veil with respect to Mr. Madden. 42. It appears that Plaintiffs are seeking to invoke two different "veil piercing" theories to overcome Mr. Madden's corporate liability protections. Specifically, Plaintiffs baldly assert that Mr. Madden and Carlisle Developers were "alter egos" in that they essentially operated as a single unitary enterprise by co -mingling assets and funds. 43. "[T] here is a strong presumption in Pennsylvania against piercing the corporate veil." Lumaxindus, Inc. v Aultman, 669 A.2d 893, 895 (Pa. 1995). In this case, none of the Plaintiffs purport exceptions to this general rule applies to the facts as pleaded in the Amended Complaint. 44. As to the "alter ego" theory, it applies only where two corporate entities share a parent -subsidiary relationship. See Miners, Inc. v Alpine Equip. Corp., 722 A.2d. 691, 695 (Pa.Super. 1998). In this case, there is no allegation that Mr. Madden and Carlisle Developers share a parent -subsidiary relationship. Accordingly, the alter ego theory does not apply. 45. As to the "single entity" theory, this theory has yet to be adopted by the Courts in Pennsylvania to apply in situations where two corporations are not directly related but share common ownership. See Miners, 722 A.2d. at 695 ("[the single entity] theory, however, has yet to be adopted in Pennsylvania." 46. In addition to the foregoing, Count VIII of Plaintiffs' Complaint contains conclusory allegations rather than any factual allegations. 47. Among the allegations in Count VIII that are not supported by any facts are that Carlisle Developers was formed to shield Madden from liability, that Madden used Carlisle Developers to perpetrate fraud, that Carlisle Developers was under capitalized, lacked sufficient assets and failed to keep corporate records, that it is merely a facade and that Carlisle Developers and Madden comingled assets. 48. There are no facts to support any of these allegations in Plaintiffs' Complaint. WHEREFORE, Your Honorable Court is respectfully requested to dismiss Count VIII, or in the alternative, compel Plaintiffs to file an Amended Complaint setting forth factual background for the conclusory allegations. VIII. Demurrer of Defendants Robert D. Yentzer and Rodney L. Yentzer 49. Plaintiffs' Complaint identifies as separate Defendants Robert D. Yentzer and Rodney L. Yentzer. 50. None of the nine enumerated Counts of Plaintiffs' Complaint name Robert D. Yentzer or Rodney L. Yentzer as Defendants. WHEREFORE, Your Honorable Court is respectfully requested to dismiss Robert and• Rodney Yentzer as Defendants in this case. WHEREFORE, Defendants respectfully request that the Court grant their Preliminary Objections and dismiss them from this case. :653273 Respectfully submitted, SODUF I JSTE No. 6 01 Market Street, P 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II WART& EIDNER squire CERTIFICATE OF SERVICE AND NOW, this 14vday of September, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Preliminary Objections to Plaintiffs' Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire Zimolong, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Attorneys for Plaintiffs Welubhi Housing Group, LLC 14 Carlisle Road Newville, PA 17241 David W. Ketner 14 Carlisle Road Newville, PA 17241 Mona Ketner 14 Carlisle Road Newville, PA 17241 Middle Department Inspection Agency 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Paul Rampulla, Jr. 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 ON, DUFFIE, STEWART & WEIDNER ey B. Rettig O'CONNOR KIMBALL LLP By: Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 STUART SPERN AND TRACY SPERN Plaintiffs v. Carlisle Developers, LLC Matthew Madden Yentzer & Yentzer Enterprises Robert D. Yentzer Rodney L. Yentzer, II Welubhi Housing Group, LLC David W. Ketner, Mona Ketner Middle Department Inspection Agency And Paul Rampulla, Jr. Defendants TO THE PROTHONOTARY: Attorneys for Defendants, Middle Department Inspection Agency and Paul Rampulla, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-4878 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendants, Middle District Inspection Agency and Paul Rampulla, Jr. with regard to the above -captioned matter. By: Date: September 22, 2014 O'CONNOR KIMBALL LLP Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, Middle District Inspection Agency And Paul Rampulla, Jr. CERTIFICATE OF SERVICE I, Michael P. O'Connor, Esquire, hereby certify that a true and correct copy of the within Entry of Appearance was served this day upon the following via e-mail: Attorney for Plaintiffs Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 wally@zimolonglaw.com brad@zimolonglaw.com By: Date: September 22, 2014 O'CONNOR KIMBALL LLP 0 Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, Middle District Inspection Agency And Paul Rampulla, Jr. BARIC SCHERER LLC By: David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6879 Attorneys for Defendants David W. Ketner, Mona Ketner, Welubhi Housing Group, LLC Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II STUART SPERN and TRACY SPERN, Plaintiffs v. :IN THE COURT OF COMMON PLEAaOhL,--; : CUMBERLAND COUNTY, P6444-3A.K3 NO. 14-4878 CIVIL ACTION — LAW CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION : AGENCY and PAUL RAMPULLA, JR., Defendants CT1 PRELIMINARY OBJECTIONS OF DEFENDANTS WELUBHI HOUSING GROUP, LLC/ DAVID W. KETNER & MONA KETNER TO PLAINTIFFS' COMPLAINT AND NOW come the above -referenced Defendants, by their attorneys, Baric Scherer LLC, and respectfully request this Honorable Court sustain these Preliminary Objections and, in furtherance thereof, set forth in the following. 1. On August 15, 2014 the Plaintiffs files a nine -Count Complaint with your Honorable Court. 2. Plaintiffs' Complaint arises from the sale of a home to the Plaintiffs. 3. According to Plaintiffs' Complaint, Defendant Welubhi Housing Group, LLC oversaw all aspects of the construction of the home (Plaintiffs' Complaint, paragraph 30). 4. Plaintiffs' Complaint claims that there are various constructions defects with the home that cause a number of problems for the Plaintiffs. (-1 I. Defendants' Preliminary Objections to Count I of Plaintiffs' Complaint 5. Count I of Plaintiffs' Complaint purports to set forth a cause of action for "fraudulent inducement" against Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group, LLC and David W. Ketner. 6. In that Count, Plaintiffs allege that these Defendants made false representations that the house being sold was constructed in a good and workmanlike manner according to the PCCA, that these representations were false and request that the contract be rescinded. 7. Under Rule 1019(b) of the Pennsylvania Rules of Civil Procedure, allegations of fraud must be "pleaded with particularity". 8. Plaintiffs' Complaint fails to plead with particularity any fraudulent conduct of statement of the part of Welubhi Housing Group, LLC or David W. Ketner. 9. Moreover, Plaintiffs allege in paragraph 49 that they have no adequate remedy at law other than to rescind the agreement. 10. Plaintiffs set forth no factual basis to support that assertion and, in fact, they have pursued adequate remedies of law to compensate them for the asserted deficiencies with their home. 11. Plaintiffs fail to allege with particularity the representations upon which they base their claim of fraud. 12. Plaintiffs fail to allege with particularity justifiable reliance. 13. Plaintiffs fail to allege with particularity the causal connection of any statement to their alleged damages. WHEREFORE, Moving Defendants request that Count I of the Plaintiffs' Complaint be dismissed without cost to them. II. Preliminary Obiections to Breach of Contract Claim (Count II) 14. In Count II, Plaintiffs claim that Defendants, Carlisle Developers, Yentzer & Yentzer and Welubhi Housing Group, LLC had a contractual duty to construct the home in a good workmanlike manner and failed to do so; thereby breaching the Contract. 15. Attached as Exhibit A to Plaintiffs' Complaint is the contract consisting of the Standard Agreement for the Sale of Real Estate. 16. The sellers identified on that Contract are Defendant Carlisle Developer, LLC and Yentzer & Yentzer, Ent. 17. Plaintiffs fail to allege the necessary element of a cause of action in contract against Welubhi Housing Group, LLC. WHEREFORE, moving Defendants request that Count II of the Plaintiffs' Complaint be dismissed without cost to them. III. Preliminary Objections to Plaintiffs' Breach of Implied Warranty Claim (Count III) 18. Count III of Plaintiffs' Complaint alleges a breach of implied warranty against Defendants Carlisle Developers, Yentzer & Yentzer and Welubhi Housing Group, LLC. 19. In that Count, it is alleged that these Defendants impliedly warranted that the home would be constructed in a good and workmanlike manner. 20. Any implied warranties were supplanted by the express warranty appended as Exhibit C to Plaintiff's Complaint. WHEREFORE, Moving Defendants request that Count III of Plaintiffs' Complaint be dismissed without cost to them. IV. Preliminary Objections to Breach of Express Warranty Claim (Count IV) 21. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group, LLC and David W. Ketner breached an express warranty. 22. Plaintiffs fail to state a claim upon which relief may be granted. 23. Plaintiffs fail to sufficiently allege a causal connection between the actions of moving Defendants and their alleged damages. 24. Plaintiffs fail to allege their damages with requisite specificity. 25. Paragraph 107 of the Complaint is not comprehensible. WHEREFORE, Defendants Welubhi Housing Group, LLC and David W. Ketner requests that Count IV of Plaintiffs' Complaint be dismissed without cost to them. V. Preliminary Objections to Claims Based on Unfair Trade Practices and Consumer Protection Law (Count V) 26. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group, LLC and David W. Ketner violated the Unfair Trade Practices and Consumer Protection Law. 27. In this Count, Plaintiffs attempt to transform this alleged construction defect case into one for consumer fraud under the UTPCPL, a punitive statute that allows for civil penalties and the recovery of treble damages and attorney fees against the Defendant found to have engaged in "fraudulent or deceptive conduct". 73 Pa.C.S.A. §2O1 -1;2O1-8; and 201-9.2. 28. The facts of this case cannot support a UTPCPL claim against Moving Defendants because the Act does not allow Plaintiffs to transform an alleged mistake in construction into a fraud. 29. Any claim under the UTPCPL must met certain basic criteria; (1) fraudulent or deceptive conduct; (2) justifiable reliance; and (3) causation. See, Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 438 (Pa. 2004). 30. In their Complaint, Plaintiffs simply allege that promises were made by the Defendants that the home would be constructed in a good and workmanlike manner and in accordance with the PCCA and then allege that the home was not so constructed. 31. These allegations are insufficient to establish the element of fraudulent or deceptive conduct. WHEREFORE, Moving Defendants request that Count V of Plaintiffs' Complaint be dismissed as to them. VI. Preliminary Objections to Plaintiffs' Claim for Negligent Misrepresentation (Count VI) 32. In Count VI of Plaintiffs' Complaint, they allege that the Defendants, Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group, LLC and David W. Ketner engaged in negligent misrepresentations thought the Sales Agreement, the Express Warranty, "and other verbal representations". 33. Plaintiffs have failed to identify any "verbal representations" that represent negligent misrepresentations on the part of Moving Defendants. 34. Moreover, Count VI appears to represent a request to recover in tort economic losses related to property damage allegedly caused by construction defects. There is no allegation of physical injury or damage to property other than Plaintiffs' home. 35. Under Pennsylvania law, the Economic Loss Doctrine precludes tort recovery of purely economic losses. 36. This doctrine applies to claims of negligent misrepresentation. 37. In Count VI, Plaintiffs seek to recover purely economic losses related to alleged property damage to their house itself. Therefore, this Count is barred by the Economic Loss Doctrine. 38. In addition to the Preliminary Objections set forth above, Plaintiffs' claims in Count VI are also legally insufficient. 39. The elements of a Negligent Misrepresentation Claim are: (1) a misrepresentation of a material fact; (2) made under circumstances in which the misrepresentor ought to have known its falsities; (3) with an intent to induce another to act on it; and (4) which results in injury to a party acting in justifiable reliance on the misrepresentation. Gibbs v. Earnst, 647 A.2d 882, 538 PA. 193 (Pa. 1994). 40. Here, Plaintiffs aver no allegation of any facts to suggest that the Moving Defendants "ought to have known" of their statement's alleged falsity at the time they were allegedly made. 41. In addition, Plaintiffs' allegation regarding "other verbal representations" is vague and should be clarified to indicate exactly what the "other verbal misrepresentations" were and who made them. WHEREFORE, Moving Defendants request that this Honorable Court dismiss Count VI of Plaintiffs' Complaint or, in the alternative, order Plaintiffs to file a more specific pleading with respect to the allegation of "other verbal representations". VII. Preliminary Obiections to Plaintiffs' Claim to Pierce the Corporate Veil Regarding DAVID W. KETNER & MONA KETNER (Count IX) 42. In Count IX of Plaintiffs' Complaint, Plaintiff makes conclusory allegations regarding David W. Ketner, Mona Ketner & Welubhi Housing Group, LLC and seeks to pierce the corporate veil with respect to David W. Ketner and Mona Ketner. 43. It appears that Plaintiffs are seeing to invoke two different "veil piercing" theories to overcome Mr. Madden's corporate liability protections. Specifically, Plaintiffs baldly assert that Mr. Madden and Carlisle Developers were "alter egos" in that they essentially operated as a single unitary enterprise by co -mingling assets and funds. 44. "[T] here is a strong presumption in Pennsylvania against piercing the corporate veil". Lumaxindus, Inc. v Aultman, 669 A.2d 893, 895 (Pa. 1995). In this case, none of the Plaintiffs purported exceptions to this general rule applies to the facts as pleaded in the Complaint. 45. As to the "alter ego" theory, it applies only where two corporate entities share a parent -subsidiary relationship. See Miners, Inc. v Alpine Equip. Corp., 722 A.2d 691, 695 (Pa.Super. 1998). Accordingly, the alter ego theory does not apply. 46. As to the "single entity" theory, this theory has yet to be adopted by the Courts in Pennsylvania to apply in situations where two corporations are not directly related but share common ownership. See Miners, 722 A.2d. at 695 ("[the single entity] theory, however, has yet to be adopted in Pennsylvania." 47. In addition to the foregoing, Count IX of Plaintiffs' Complaint contains conclusory legal and/or factual allegations rather than any factual allegations. 48. Among the allegations in Count IX that are not supported by any facts are that Welubhi Housing Group, LLC was formed to shield the Ketners from liability, that the Ketners used Welubhi Housing Group, LLC to perpetrate fraud, that Welubhi Housing Group, LLC was under capitalized, lacked sufficient assets and failed to keep corporate records, that it is merely a facade and that Welubhi Housing Group, LLC comingled assets. 50. There are no facts to support any of these allegations in Plaintiffs' Complaint. 51. Plaintiffs fail to state a claim upon which relief may be granted as there is no cause of action recognized as being an "action to pierce the corporate veil". WHEREFORE, Your Honorable Court is respectfully requested to dismiss Count VIII, or in the alternative, compel Plaintiffs to file an Amended Complaint setting forth factual background for the conclusory allegations. Respectfully submitted, BARI ERER LLC B David A. Baric, Esquire I.D. No. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II CERTIFICATE OF SERVICE AND NOW, this& day of September, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Preliminary Objections to Plaintiffs' Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Walter S. Zimilong, Esquire Brad G. Kubisiak, Esuire Zimilong, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Attorneys for Plaintiffs Middle Department Inspection Agency 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Paul Rampulla, Jr. 3901 Hartzdale Drive, Suite 112 Camp Hill, PA 17011 Jeffrey Rettig, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 Attorney for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer BAR By: David A. Baric, Esquire STUART SPERN AND : IN THE COURT OF COMMON PLEAS OF TRACY SPERN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : • • v. : NO. 2014-4878 CIVIL TERM • CARLISLE DEVELOPERS, LLC, : MATTHEW MADDEN, : CIVIL ACTION-LAW r ,=' YENTZER& YENTZER • ENTERPRISES, ROBERT D. .<-_-,. r YENTZER, RODNEY L. : r` ="" ' YENTZER, II, WELUBHI : -` ' HOUSING GROUP, LLC, : DAVID W. KETNER, MONA : KETNER, MIDDLE . DEPARTMENT INSPECTION . AGENCY AND : PAUL RAMPULLA, JR., . Defendants . PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, Welubhi Housing Group, LLC, David W. Ketner and Mona S. Ketner in the above-captioned matter. Respectfully submitted, BARIC SCHERER LLC 4/ lIdIA-4 David A. Baric, Esquire I.D.#44853 Date: October 2, 2014 19 West South Street Carlisle, PA 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on October 2, 2014, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe For Entry Of Appearance,by first class U.S. mail,postage prepaid, to the parties listed below, as follows: Walter S. Zimolong, Esquire Jeffrey Rettig, Esquire Zimolong, LLC Johnson, Duffie, Stewart & Weidner, 1429 Walnut Street, Suite 1201 301 Market Street Philadelphia, Pennsylvania 19102 Lemoyne, Pennsylvania 17043 Middle Department Inspection Agency Paul Rampulla, Jr. 3901 Hartzdale Drive, Suite 112 3901 Hartzdale Drive, Suite 112 Camp Hill, Pennsylvania 17011 Camp Hill, Pennsylvania 17011 411"David A. Baric, Esquire ZIMOLONG,LLC + THE PRO THON5TY;p Walter S. Zimolong, Esquire Attorney I.D. No. 89151 20111 OCT 10 PM 2: 25 wally@zimolonglaw.coin CUMBERLAND COUNTY Brad G. Kubisiak, Esquire PENNSYLVANIA Attorney I.D. No. brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) Attorneys for Plaintiffs STUART SPERN AND TRACY SPERN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO. 14-4878 Plaintiffs, v. CARLISLE DEVELOPERS,LLC, •• ET. AL. : CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 32 S. BEDFORD STREET CARLISLE, PA Telephone: 717-249-3166 ZIMOLONG,LLC Walter S. Zimolong, Esquire Attorney I.D. No. 89151 wally@zimolonglaw.corn Brad G. Kubisiak, Esquire Attorney I.D. No. brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) Attorneys for Plaintiffs STUART SPERN AND TRACY SPERN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO. 14-4878 Plaintiffs, • v. CARLISLE DEVELOPERS, LLC, • ET. AL. : CIVIL ACTION FIRST AMENDED COMPLAINT Plaintiffs, Stuart Spern and Tracy Spern, file this amended complaint against the above captioned defendants, as follows: I. THE PARTIES 1. Plaintiffs, Stuart Spern and Tracy Spern (the "Sperns"), are husband and wife and Pennsylvania residents with an address of 17 Peyton Drive, Carlisle, PA 17015. 2. The Sperns are the owners of real property located at 17 Peyton Drive,Carlisle,PA 17015 (the"Home"). The Home is their primary residence. 3. Defendant, Carlisle Developers, LLC ("Carlisle Developers"), is a limited liability company with a place of business located at 320 S. Hanover Street, Carlisle, PA 17013. Carlisle Developers is a builder/vendor of homes. 2 4. Defendant, Matthew D. Madden ("Madden"), is an adult individual and sole managing member of Carlisle Developers with a place of business located at 320 S. Hanover Street, Carlisle, PA 17013. Upon information and belief, Madden controlled and dominated the affairs of Carlisle Developers. Madden also serves on Carlisle Borough Council. 5. Upon information and belief, Carlisle Developers is undercapitalized, does not observe corporate formalities, does not keep corporate records, and is merely a façade for Madden in order to shield him from liability against injured parties, including the Sperns. 6. Upon information and belief, there has been a substantial commingling of assets and corporate funds by and between Carlisle Developers and Madden. 7. Upon information and belief, Carlisle Developers is an alter ego of Madden. 8. Defendant, Yentzer & Yentzer Enterprises ("Yentzer & Yentzer"), is a fictitious entity with a place of business located at 250 Richland Road, Carlisle, PA 17015. 9. Defendant,Rodney L.Yentzer("Rodney Yentzer"),is an adult individual and is an owner of Yentzer & Yentzer with a place of business located at 250 Richland Road, Carlisle, PA 17015. 10. Defendant, Robert D. Yentzer, II ("Robert Yentzer"), is an adult individual and is an owner of Yentzer & Yentzer with a place of business located at 250 Richland Road, Carlisle, PA 17015. Yentzer and Yentzer, Robert Yenzter, and Rodney Yenzter are builder/vendors of homes 1. 11. Defendant, Welubhi Housing Group, LLC ("Welubhi"), is a limited liability company with a place of business located at 14 Carlisle Road, Newville, PA 17241. Welhubi is a general contractor and builder/vendor of homes. I References in this Complaint to"Yentzer&Yentzer"shall include Robert Yentzer and Rodney Yentzer. 3 12. Defendant, David W. ("Wes"). Ketner ("Wes Ketner"), is an adult individual and is the Managing Member of Welubhi with a place of business located at 14 Carlisle Road, Newville, PA 17241. Upon information and belief, Ketner controlled and dominated the affairs of Welubhi. Wes Ketner also personally signed the express homeowners warranty issued to the Sperns. 13. Defendant, Mona Ketner, is an adult individual and is the member of Welubhi with a place of business located at 14 Carlisle Road,Newville,PA 17241. Upon information and belief, Mona Ketner together with Wes Ketner controlled and dominated the affairs of Welubhi. 14. Upon information and belief, Welubhi is undercapitalized, does not observe corporate formalities, does not keep corporate records, and is merely a façade for Wes and Mona Ketner in order to shield them from liability against injured parties, including the Sperns. 15. Upon information and belief, there has been a substantial commingling of assets and corporate funds by and between Welubhi and Wes and Mona Ketner. 16. Upon information and belief, Welubhi is an alter ego of Wes and Mona Ketner. 17. Defendant, Middle Department Inspection Agency, Inc. ("MDIA"), is a Pennsylvania corporation with a place of business located at Route 19, Wexford, PA 15090. 18. Defendant,Paul Rampulla,Jr. ("Rampulla"),is an adult individual and is employed as a building code official for MDIA and maintaining a place of business located at 14 Carlisle Road, Newville, PA 17241. At all times relevant to this cause of action, Rampulla was acting within his scope of employment with MDIA. 4 II. BACKGROUND A. The Agreement of Sale. 19. On May 2, 2013, the Sperns entered into an Agreement of Sale (the "Agreement") with Carlisle Developers and Yentzer & Yentzer, whereby Carlisle Developers and Yentzer & Yentzer agreed to sell the Home to the Sperns in exchange for payment in the amount of$624,435. A copy of the Agreement is attached at Exhibit"A." 20. The Agreement states that Carlisle Developers and Yentzer & Yentzer are the sellers of the Home. 21. Madden personally signed the Agreement as a"Seller." 22. The Home consists of a two story, newly constructed, single family dwelling. 23. The Home is a "spec" house, which generally refers to a newly constructed home constructed without a particular buyer under contract and designed to achieve maximum market value. 24. Under the Agreement, the Home is subject to a one(1) year builder's warranty. 25. The Agreement also states: "Home to be constructed turn-key on a specified lot &in a completed state per PA code. All inspections shall be compliant to MDIA&Dickinson Township to obtain an occupancy permit legal to occupy. Builder reserves right to review final plans and update any pricing prior to any changes to said spec sheet. Builder shall provide a one year warranty on said home starting on date of final inspection and date of occupancy permit, and/or closing date." 26. Below the paragraph stated above, is a signature line bearing the signature of"David W. Kentner, Owner Welubhi Housing, LLC." 27. The Sperns relied upon the representation that the Home was completed according to the Pennsylvania Code and complied with all MDIA and Dickinson Township codes in entering into the Agreement. 5 28. The representations about compliance with Pennsylvania, Dickinson Township,and MDIA regulations was a material representation upon which the Agreement is based and the Sperns would not have executed the Agreement if they knew those representations were false. 29. According to the Agreement, Welubhi entered into an agreement with Carlisle Developers, and Yentzer & Yentzer whereby it agreed to act as the general contractor that was responsible for completing all parts of the construction of the Home. 30. Upon information and belief, Welubhi obtained building permits and approvals for the Home. 31. Upon information and belief, Welubhi oversaw all aspects of the construction of the Home. 32. In fact, Welubhi's website www.Welubhi.com prominently displays the Home as one of its "Featured Properties." A copy of a screenshot of Welubhi's home page is attached at Exhibit"B." 33. Under the Agreement, Welubhi issued an express warranty to the Sperns for a period of one year(the"Express Warranty").A copy of the Express Warranty is attached at Exhibit «C ,, 34. Wes Ketner personally executed the Express Warranty. 35. The Express Warranty states as follows: The house on 17 Peyton Drive, Carlisle PA 17015 is covered by a 1 year builder warranty from the below listed date. The house has been constructed, visually inspected by MDIA, and found to be in compliance with the Pa Construction Code as stated in the attached Use and Occupancy permit. Any issues that may arise, and found to be a warranty item shall be resolved by a manufacturer fix or replacement if involving equipment. Any other issues shall be resolved by having Welubhi contact the sub-contractor who initially performed the workmanship needing addressed for repair within a timely manner. 6 36. Additionally, under the Agreement, Carlise Developers, Yentzer & Yentzer and Welubhi expressly represented that the Home would be constructed according to the Pennsylvania Construction Code Act, 35 P.S. § 7210.101, et seq (the"PCCA"). 37. The representations about the Home being constructed according to the PCCA were false. 38. Upon information and belief, Welubhi knew or should have known these representations were false. 39. The Sperns relied upon the representations in the Express Warranty concerning the construction of the Home in compliance with the PCCA and Use and Occupancy Permit in entering in the Agreement and proceeding the Closing. 40. If the Sperns had known that these representations were false, they would not have entered into the Agreement or closed on the Home. B. The Pre-Settlement Inspection. 41. On or about June 27, 2013, the date of closing, a pre-settlement walk through inspection was performed with Wes Ketner, whereby the Sperns, Ketner, and others walked the house together. 42. During the inspection, Tracy Spern noticed ponding water in sections of the basement and fans running in an apparent effort to dry the ponded water. 43. Tracy Spern pointed the water and fans out to Wes Ketner asked Wes Ketner about them. 44. Wes Ketner replied that the water was from a leaky outside water spigot and that it was nothing to be concerned about. 7 45. Contrary to Wes Ketner's assertion, water actively infiltrates the basement sometimes running down the foundation walls. Water actively infiltrates the basement when it rains and in heavy rains drips from the ceiling and the doorway in certain areas of the basement. 46. Upon information and belief, the cause of the water intrusion into the basement is the lack of a proper water membrane system. 47. Upon information and belief, Wes Ketner knew or should have known that the statement regarding the water in the basement was false. 48. Upon information and belief, Wes Ketner knew or should have known that the water infiltration was caused by improper construction techniques, including the lack of proper waterproofing on the basement, foundation, and concrete deck slabs. 49. Wes Ketner's representation about the water in the basement was a material representation upon which the Sperns based their decision to proceed with the closing of the Home. 50. If the Sperns knew that Wes Ketner's representations were false, they would not have closed on the Home. C. MDIA Issues a Certificate of Occupancy. 51. Upon information and belief,MDIA acts as the building code official for Dickinson Township. 52. On June 7, 2013, MDIA issued a Use and Occupancy Certificate stating that the Home was found to be in compliance with the PCCA.A copy of the Use and Occupancy Certificate is attached at Exhibit"D." 53. The Use and Occupancy Certificate was signed by Rampulla, the building code official who conducted the inspection of the Property. 8 54. It is believed that Rampulla personally conducted the inspection upon which the Use and Occupancy Certificate is based. 55. The information contained in the Use and Occupancy Certificate is false. 56. Upon information and belief, MDIA and Rampulla knew or should have known that the statements made in the Use and Occupancy Certification were false. 57. The Sperns relied upon the representations in the Use and Occupancy Certificate and concluded the purchase of the Home by preceding to closing. 58. If the Sperns had known the statements concerning the Use and Occupancy Certificate were false, they would not have closed on the Home. D The Closing and the Deed. 59. On or about June 27, 2013, Carlisle Developers and Yentzer&Yentzer transferred the Home via a deed (the "Deed"). A copy of the Deed is attached at Ex. "E." 60. Although not listed as a"Seller"in the Agreement, Welubhi is named as a Grantor in the Deed. 61. Madden signed the Deed on behalf of Carlisle Developers. 62. Rodney Yentzer and Robert Yentzer signed the Deed on behalf of Yentzer & Yentzer. 63. Wes Ketner and Mona Ketner signed the Deed on behalf of Welubhi. E. The Sperns Discover that the Home is not Compliance with the PCCA and Other Construction Defects and Deficiencies. 64. Shortly after moving into the Home,the Sperns,among other things,began noticing water and air infiltration into their Home and noticeable changes in the foundation of their Home. 9 65. Contrary to Wes Ketner's representation on the date of closing that the water infiltration into the basement was caused by a leaky spigot, the Sperns continued to experience water infiltration into the basement of the Home. 66. The Sperns demanded that Carlisle, Yentzer & Yentzer, and Welubhi remedy the water infiltration. 67. Despite repeated demands,the Sperns continue to experience water infiltration into the basement of the Home. 68. In addition to water infiltration into the basement,the Sperns have discovered other defects,deficiencies,and code violations in the home,including,without limitation,the following: a. The concrete slabs are structural deficient, not constructed according to the PCCA, and are in danger of collapse. b. The driveway leading to the Home is not constructed according to industry standard. It is believed that at a minimum its lacks a wearing course, sealant, and proper sub-base. c. A dryer vent was installed in the incorrect location causing the Home's clothing dryer to malfunction. The dryer vent had to be relocated and there is a hole through the Home's siding where the incorrect dryer vent used to exist. d. Water actively leaks into the Home in several areas, including, most significantly, around a false chimney. It is believed that the cause of this active leaking is a missing chimney cricket or saddle. The damage is causing property damage and mold growth which will have to be remediated. e. The drainage system for the Home is incorrectly installed. f. The downspouts for the Home are incorrectly installed and are undersized. 10 g. The area surrounding the Home is not properly graded,and,as a result,water runoff from the Home floods the front yard of the Home. h. The trim around several windows is deteriorating. i. The plumbing in the first floor master bathroom is not properly insulated. As a result, in sub-freezing temperatures the plumbing to the shower freezes. j. On several occasions, the septic system has failed and caused raw and untreated sewage to flood the side yard of the Home. k. The hardwood flooring in the Home is buckling. 1. The kitchen stove lacks adequate gas pressure and the stove is not capable of basic functions like boiling water and there is no emergency gas shut off, which is believed to be a code violation. m. The water heater for the home is undersized. As a result, hot water to the Home quickly runs out and two hot water using functions, like dishwashing and showering, cannot occur simultaneously. n. It is believed that the Home's zone heating system was not properly installed. As a result, there are wide temperature variation in the Home. 69. Upon information and belief, Carlisle, Welubhi, and Yentzer & Yentzer knew or should have about these defects. 70. Upon information and belief,Carlisle,Welubhi,and Yentzer&Yentzer knew about these defects and failed to disclose them to the Sperns. 71. If the Sperns had known about these defects prior to accepting the Deed,they would not have done so. F. The Concrete Deck Spans. 11 72. The Home has front, side, and rear porches (the "Porches"). 73. The floor of the Porches consists of an approximately four (4) inch thick concrete slab on metal deck span. 74. Beneath the porches are sections of the Home's basement. 75. The Porches are structurally deficient and are not constructed according to the PCCA. 76. The PCCA permits concrete slabs to be used on when placed on grade meaning they are continuously supported by soil. 77. The Porches are not on grade and the slabs are not continuously supported by soil. 78. The slabs are structural slabs and must, therefore, be constructed in a manner that they can support certain loads without danger of collapse. 79. In particular,the slabs must be constructed with reinforcement designed to actively support certain loads. 80. The type of reinforcing depends on the size of the slabs. 81. The Porches are not reinforced to support the required loads and, therefore, do not meet the PCCA. 82. Because the Porches are inadequately designed and not built according to the PCCA the Sperns have been required to install temporary shoring to prevent the slabs from collapsing. 83. The defects and deficiencies discovered by the Sperns are breaches of the express and implied warranties of Carlisle Developers, Welubhi, and Yentzer&Yentzer. 84. The defects and deficiencies discovered by the Sperns indicate that the Home was not constructed according to the PCCA and according to generally accepted standards. 85. The defects and deficiencies discovered by the Sperns are latent defects. 12 86. The Sperns have demanded that Welubhi, Carlisle Developers, and Yentzer & Yentzer correct these defects and deficiencies, but Welubhi has refused to correct or remediate them. 87. The Sperns investigation into the totality of the construction defects in the Home continues as of the date of this complaint. III. CAUSES OF ACTION COUNT I FRAUDULENT INDUCEMENT (The Sperns v. Carlisle Developers,Yentzer & Yentzer, Welubhi, and David W. Ketner) 88. The Sperns incorporate the preceding paragraphs by reference. 89. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner represented to the Sperns that the Home being sold was constructed in a good and workmanlike manner and according to the PCCA. 90. Those representation include, without limitation, the following: a. On or about May 2, 2013, Carlisle Developers and Yentzer and Yentzer executed an agreement of sale which stated that the Home was constructed according to the PCCA; b. Sometime in 2013, Wes Ketner, acting on his own behalf and as an agent for Welhubi, Carlisle Developers and Yentzer and Yentzer, executed a document,which was attached to the Agreement of Sale,that stated"Home to be constructed . . . per PA code." c. On or about June 27, 2013,Wes Ketner, acting on his own behalf and as an agent for Welhubi,Carlisle Developers and Yentzer and Yentzer,told Tracy Spern water ponding in the basement was the result of a"leaky spigot;" 13 d. On or about June 28, 2013, Wes Ketner, acting on his own behalf and as an agent for Welhubi, Carlisle Developers and Yentzer and Yentzer, executed a document titled "Warranty" that stated "the house has been constructed, visually inspected by MDIA, and found to be in compliance with the Pa Construction Code as stated in the attached Use and Occupancy permit." e. The certificate of occupancy provided by Wes Ketner stated that the Home was constructed according to the PCCA; f. In May and June 2013,Wes Ketner, acting on his own behalf an as an agent for Welhubi, Carlisle Developers, and Yentzer and Yenzter, made various other verbal representations to the Sperns concerning the construction of the Home and its compliance with the PCCA. 91. These representations were material to the purchase and sale of the Home. 92. These representations were false. 93. The Sperns justifiably relied upon these representations in entering into the Agreement. 94. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner intended the Sperns to rely upon these representations. 95. The false representations were the proximate cause of the damages the Sperns suffered. 96. The Sperns have no other adequate remedy at law then to rescind the Agreement. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney Yentzer, Welubhi Housing Group, LLC, and David W. Ketner entitling them to a rescission of the 14 terms of the Agreement of Sale, cost of repairs made to date, cost of suit, and any other appropriate relief. COUNT II BREACH OF CONTRACT (The Sperns v. Carlisle Developers,Yentzer & Yentzer, and Welubhi) 97. The Sperns incorporate the preceding paragraphs by reference. 98. Under the Agreement, Carlisle Developers,Yentzer&Yentzer, and Welhubi had a duty to construct the Home in a good and workmanlike manner, fit for habitation, and according to the PCCA2. 99. Carlisle Developers,Yentzer&Yentzer, and Welubhi breached their contract with the Sperns by failing to construct the Home in a good and workmanlike manner, by failing to construct the Home according to the PCCA, and failing to construct a Home that is fit for habitation. 100. As a result of Carlisle Developers, Yentzer & Yentzer and Welhubi breach of contract,the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney Yentzer and Welubhi for damages in excess of$50,000, cost of suit, and any other appropriate relief. COUNT III BREACH OF IMPLIED WARRANTY (The Sperns v. Carlisle Developers,Yentzer& Yentzer, and Welubhi) 101. The Sperns incorporate the preceding paragraphs by reference. 2 While the Agreement of Sale lists on Carlisle Developers and Yentzer&Yentzer as the"sellers,"Welhubi was also an owner of the Home and,therefore a"seller"of the Home. Welhubi executed the Deed as one of the"sellers" of the Home. Therefore,Welhubi was either intentionally or negligently not listed as a seller on the Agreement of Sale. 15 102. By operation of law, Carlisle Developers, Yentzer & Yentzer, and Wehubi warranted that the Home would be constructed in a good and workmanlike manner and fit for habitation. 103. Carlisle Developers, Yentzer & Yenzer, and Welhubi acted collectively as the building-vendors of the Home. 104. Welhubi also acted as the general contractor for the Home. 105. Carlisle Developers, Yentzer & Yentzer, and Welubhi breached this implied warranty by not constructing the Home in a good and workmanlike manner, not constructing the Home according to the PCCA, and constructing a Home that was not fit for habitation. 106. As a result of Carlisle Developers, Yentzer & Yentzer, and Welubhi's breach of implied warranty, the Sperns have suffered damages. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in its favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney Yentzer and Welubhi for damages in excess of$50,000, cost of suit, and any other appropriate relief. COUNT IV BREACH OF EXPRESS WARRANTY (The Sperns v. Carlisle Developers,Yentzer & Yentzer,Welubhi, and David Ketner) 107. The Sperns incorporate the preceding paragraphs by reference. 108. The Express Warranty was included is and made part of the Agreement of Sale. 109. Accordingly, the Express Warranty binds not only Welhubi but also Carlisle Developers and Yentzer and Yenzter. 110. According to the Express Warranty, Carlisle Developers, Yentzer & Yentzer, and Welubhi expressly warranted that the Home was constructed according to the PCCA. 16 111. According to the Express Warranty, Carlisle Developers, Yentzer & Yentzer, and Welubhi expressly warranted that they would correct any defects in construction of the Home. 112. Moreover, David Ketner assumed personal responsibility for assuring that the Home was constructed according to the PCCA because he executed the Express Warranty in his own name and because he voluntarily undertook personal responsibility for construction of the Home. 113. Carlisle Developers, Yentzer & Yentzer, and Welubhi breached the Express Warranty by failing to construct the Home according to the PCCA and by failing to correct the defects in the Home. 114. As a result of Warranty, Carlisle Developers',Yentzer&Yentzer's,and Welubhi's breach of the Express Warranty, the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern demand judgment in their favor and against Carlisle Developers,Yentzer&Yentzer,Robert D.Yentzer,Rodney Yentzer and Welubhi Housing Group, LLC for damages in excess of$50,000, cost of suit, and any other appropriate relief. COUNT V VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW (The Sperns v. Carlisle Developers,Yentzer& Yentzer,Welubhi, and David W. Ketner) 115. The Sperns incorporate the preceding paragraphs by reference. 116. Carlisle Developers, Yentzer & Yentzer, School Road, and Welubhi violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S.A. § 201-2, 201-3, 201-9.2(a) (the"UTPCPL"), by engaging in unfair or deceptive practices in the conduct of selling the Home. 17 117. Carlisle Developers, Yentzer & Yentzer, and Welubhi acted with unfair or deceptive acts or practices by representing that the Home being sold was constructed in a good a workmanlike manner and according to the PCCA. 118. David Ketner personally made repeated representations concerning the quality of the Home. 119. Carlisle Developers, Yentzer & Yentzer, Welubhi, and Ketner's representations concerning the Home were false. 120. Contrary to their representations, the Home was not free from defects and was not constructed according to the PCCA. 121. The Sperns justifiably relied on Carlisle Developers, Yentzer & Yentzer, School Road, and Welubhi's representations when they purchased the Home. 122. As a result of Carlisle Developers, Yentzer&Yentzer, and Welubhi's violation of the UTPCPL, the Sperns are entitled to treble damages, attorneys fees, and costs of suit. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney Yentzer and Welubhi Housing Group, LLC for damages in excess of$50,000, treble damages, attorneys fees, cost of suit, and any other appropriate relief. COUNT VI NEGLIGENT MISREPRESENTATION (The Sperns v. Carlisle Developers, Yentzer & Yentzer,Welubhi, and David W. Ketner) 123. The Sperns incorporate the preceding paragraphs by reference. 124. Through the Agreement, the Express Warranty, and other verbal representations Carlisle Developers, Yentzer & Yentzer, Wehubi, and David Ketner provided information to the Sperns. 18 125. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner knew or should have known that the Sperns would rely upon the information they supplied to them in deciding to purchase Home. 126. They knew or should have known that the Sperns would rely upon the information provided to them. 127. Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner knew or should have known that the representations were false. 128. The Sperns justifiably relied on the representations provided to them to their detriment. 129. As a result of the Carlisle Developers, Yentzer & Yentzer, Welubhi, and David Ketner's representations, the Sperns have suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney Yentzer,Welubhi Housing Group, LLC, and David W. Ketner for damages in excess of$50,000, cost of suit,punitive damages, and any other appropriate relief. COUNT VII NEGLIGENCE (The Sperns v. Middle Department Inspection Agency, Inc. and Paul Rampulla,Jr.) 130. The Sperns incorporate the preceding paragraphs by reference. 131. MDIA and Rampulla had a duty to perform their inspections of the Home according to the standard of care normally used in inspecting a Home for compliance with the PCCA. 132 MDIA and Rampulla breached the duty when they failed to detect defects in construction of the Home and certifying the Home as being in compliance with the PCCA when it was not. 19 133. MDIA and Rampulla breached the duty when they negligently issued the Use and Occupancy Certificate stating that the Home was constructed in compliance with PCCA. 134. As a proximate result of MDIA and Rampulla's negligent conduct, the Sperns suffered damages in excess of$50,000. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Defendants, Middle Department Inspection Agency, Inc. and Paul Rampulla, Jr. for damages in excess of$50,000, cost of suit,punitive damages, and any other appropriate relief. COUNT VIII ACTION TO PIERCE THE CORPORATE VEIL (The Sperns v. Matthew Madden) 135. The Sperns incorporate the preceding paragraphs by reference. 136. At all material times, the Sperns were unable to distinguish between Carlisle Developers and Madden. 137. At all material times, Madden owned, controlled, and dominated the affairs of Carlisle Developers. 138. Carlisle Developers was formed to shield Madden from liability. 139. Madden used Carlisle Developers to perpetrate a fraud or cause injustice. 140. At all materials times, Carlisle Developers were undercapitalized, lacked sufficient assets, failed to follow corporate formalities, and failed to keep corporate records. 141. Carlisle Developers is merely a façade. 142. Carlisle Developers is an alter ego of Madden. 143 Carlisle Developers commingled assets and funds. 145. Madden commingled personal assets with Carlisle Developers. 20 WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against Matthew Madden, for damages in excess of$50,000, treble damages, attorneys fees, cost of suit and any other appropriate relief. COUNT IX ACTION TO PIERCE THE CORPORATE VEIL (The Sperns v. David W. Ketner and Mona S. Ketner) 146. The Sperns incorporate the preceding paragraphs by reference. 147. At all material times, the Sperns were unable to distinguish between Welubhi and Ketner. 148. At all material times, Ketner owned, controlled, and dominated the affairs of Welubhi. 149. Welubhi was formed to shield Ketner from liability. 150. Ketner used Welubhi to perpetrate a fraud or cause injustice. 151. At all materials times, Welubhi was undercapitalized, lacked sufficient assets, failed to follow corporate formalities, and failed to keep corporate records. 152. Welubhi is merely a façade. 153. Welubhi is an alter ego of Ketner. 154. Welubhi commingled assets and funds. 155. Ketner commingled personal assets with Welubhi. WHEREFORE, Plaintiffs, Stuart and Tracy Spern, demand judgment in their favor and against David W. Ketner, for damages in excess of$50,000, treble damages, attorneys fees, cost of suit and any other appropriate relief. 21 ZIMOLONG,LLC Date: October t3,2014 By: Walter S. Zimolong, uire Brad G. Kubisiak, Esquire Attorneys for Plaintiffs 22 - r-- - VERIFICATION I, Stuart Spern, verify that I am authorized to make this verification, and that the facts contained in the foregoing are true and correct based upon my knowledge, information, and belief. I understand that statements her n are made subject to the penalties set forth in 18 Pa. C.S.A. §4904 relating to unsworn falsific tion to authorities. c If 44► - AA.' STUART SPERN / 1 i 1 t I VERIFICATION I, Tracy Spem, verify that I amuthorized to make this verification, and that the facts ja contained in the foregoing are true an correct based upon my knowledge, information, and belief. I understand that statements hern are made subject to the penalties set forth in 18 Pa. C.S.A. §4904 relating to unsworn falsifi tion to authorities. ii -4.', TRACY ' RN EXHIBIT "A" 25 . .,, - -- f"-1 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): AI tl. 4-" b r 1 n< 7�}AT SELLER(S): (...4,41-1 sl a. ✓tJi.L)r=L-ojQ 1 S, Rev ' • L-t<-- + 14) uTz.,_/z_ -r- �,s-,.11---2-t vL... /..:_.t-r : BUYER'S MAILING ADDRESS: SELLER'S MAILING ADDRESS: t-/ Si Iii-to, t 1�1h P g 4 77 Lti, 4U t.7- B7-01, LAAJCi457" �ft- /'76'Z CA-(2-451. PA /7 c31.5 n PROPERTY PROPERTY ADDRESS /7 0 :-_-y ) p/L1 tip, CAA-1-416: PA 17 0/3- 1 ZIP i 7&'' in the municipality of D C /uSOA) ,County of 0....0t B 1:/2-LAND , in the School District of („ -!'Z4 S// . ,in the Commonwealth of Pennsylvania. Identification(e.g.,Tax ID#;Parcel#;Lot,Block;Deed Book,Page,Recording Date): 0'S It b Z`7 Z /Z 7 BUYER'S RELATIONSHIP WITH PA LICENSED BROKER '§d No Business Relationship(Buyer is not represented by a broker) Broker(Company) f/DOIG5' -40012...c.- 4-- Licensee(s)(Name) LA--)r----s KS" 7 iu&-a... eC11-01 410 Company Address ''77 i,.(.>A.4.0 07- Direct Phone(s) RD C 4 ILL-(51 c {>>q- Cell Phone(s) 1/7 _ 3/5- 1 ZG Z_ Company Phone -717 --�.'1 9 - 11,111 Fax Company Fax 707 .Z9.1- IS'22- Email wK+=r,J1E& t4,4,,,,,... e'4.7 Broker is: Licensee(s)is: ❑Buyer Agent(Broker represents Buyer only) 0 Buyer Agent with Designated Agency ❑Dual Agent(See Dual and/or Designated Agent box below) 0 Buyer Agent without Designated Agency fir &1 ld.t tt t5 A- L;CE u /2 AE/1./...1-0/4„ ! 0 Dual Agent(See Dual and/or Designated Agent box below) 0 Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Buyer) SELLER'S RELATIONSHIP WITH PA LICENSED BROKER ❑ No Business Relationship(Seller is not represented by a broker) Broker(Company) We b Kt= +4Ob k►= -1- Licensee(s)(Name) L.3 E. g/=?`/FEZ-- 4- C14-N1 4& . a>4•t t..l V t.-rk Company Address of 77 w4 LN ts•7- /T? Direct Phone(s) /1J c....4/2•41..‘1e -P4 Cell Phone(s) 7/7 - 3/5.- /ZI,ZCompany Phone '11/1 -- . y q- I g 4 q Fax Company Fax ',7 - )-4 9- I s6 2,z.. • Email W -tvE LO 414-A- o 1 +=• Cont Broker is: Licensee(s)is: Seller Agent(Broker represents Seller only) 0 Seller Agent with Designated Agency ❑ ual Agent(See Dual and/or Designated Agent box below) 0 Seller Agent without Designated Agency A &v/ ea.. l . 1- tt).Sld /1 Ur A- 0 Dual Agent(See Dual and/or Designated Agent box below) ❑Transaction Licensee(Broker and Licensee(s)provide real estate services but do not represent Seller) DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.If the same Licensee is designated for Buyer and Seller,the Licensee is a Dual Agent. By signing this Agreement,Buyer and Seller each acknowledge having been previously informed of,and consented to,dual agency, if applicable. �Q -A Buyer Initials: 5/I I./at , ASR Page 1 of 11 Seller Initials:MO / Revised 1/10 ' I Pennsylvania Association of REALTORS COPYRIGHT PENNSYLVANIA ASSOCIATION OFREAITORS®i0i00 d PP 1 1. By this Agreement,dated 5- z— zo�� , 1 Seller hereby agrees to sell and convey to Buyer,who agrees to purchase,the identified Ptoperty. • 3 2. PURCHASE PRICE AND DEPOSITS(1-10) .1 ,� s 4 (A)Purchase Price$ 5 ( S/01/4 Harin4114=d 7 1F i1 y. -31. _TJ,e5eLS '4 .Foal-. !-fLins*ae 0 c, 'P;Z lc.t F7 (,/ U.S.Dollars),to be paid by Buyer as follows: 7 1. Deposit at signing df this Agreement: $ I Z-/ don a 2. Deposit within days of the Execution Date of this Agreement: $ ., 3. $ to 4. Remaining balance will bepaid at settlement. 11 (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 sonal 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 Is (unless otherwise stated here: ), io who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter- 17 ruination 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 i4 Agreement. 20 3. SELLER ASSIST(If Applicable)(1-10) 21 Seller will pay $ ^d— or % of Purchase Price(0 if not specified)toward •2: 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. S- S' 24 4. SETTLEMENT AND POSSESSION(1-10) 1 25 (A) Settlement Date is Un r_- ..06 2c./..3 ,or before if Buyer and Seller agree. 26 (B) Settlement will 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. 25 (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 mortgageassumptions;condominium fees and home- 30 owner association fees;water and/or sewer fees,together with any other lienabie municipal service fees.All charges will be pro- 31 rated for the period(s)covered.Seller will pay up to and including the date of settlement and Buyer will 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 4U is subject to a lease. 41 (G) If Seller has identified in writing that the Property.is subject to a lease,possession is tote 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 lease(s)at the execution of this Agreement,unless otherwise stated in this Agreement. 45 0 Tenant-Occupied Property Addendum(PAR Form TOP)is attached. 46 5. DATES/TIME IS OF THE ESSENCE(1-10) • 47 (A) Written acceptance of all parties will be on or before: Al,4' 7 Z 0/ 46 (B) The Settlement Date and all other dates and times identified for the perf6rmance of any obligations of this Agreement are of the 49 essence and are binding. • sa (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 meet of the parties. 5s (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 56 to all parties. 59 6. ZONING(1-10) sa Failure of this Agreement to contain the zoning classification(except in cases where the property {and each parcel thereof,if subdi- Gl 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: RES/F, N77A-L 64 Buyer Initials:� � / `�3�' ASR Page 2 of 11 Seller Initials: AbAA / Revised 1/10 • 6s 7. FIXTURES 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- G9 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 wall 71 carpeting; existing window screens, storm windows and screen/storm 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 information(e.g.,water treatment 76 systems,propane tanks,satellite dishes and security systems): 77 (C) EXCLUDED fixtures and items: _ 711 ?9 8. MORTGAGE CONTINGENCY(1-10) so 0 WAIVED. This sale is NOT contingent on mortgage financing,although Buyer may obtain mortgage financing and/or the par- ss ties may include an appraisal contingency. 82 l 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 ss Loan Amount$ Loan Amount$ 86 Minimum Term .30 years Minimum Term years • • 87 Type of mortgage vm 80 jCON t� Fix Type of mortgage ss Loan-To-Value(LTV)ratio: / Loan-To-Value(LTV)ratio: 89 For non-FHA/VA loans LTV ratio not to exceed / % For non-FHA/VA loans LTV ratio not to exceed % 90 Mortgage lender /,/A NS_ A CN� ,< A7:- Mortgage lender 1 92 Interest rate %;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 interest rate as maybe committed by the mortgage lender,not to 94 to exceed a maximum interest rate of %. exceed a maximum interest rate of Vo. { 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(exciud- 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 lender(s)gives Buyer the right to guar- moa 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. so4 (C) Within 7 days(7 if not specified)from the Execution Date of this Agreement,Buyer will make a completed,written mort- 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 sal mortgage lender(s)of Buyer's choice.Broker for Buyer,if any,otherwise Broker for Seller,is authorized to communicate with los the mortgage lender(s)to assist in the mortgage loan process. 109 (D) Buyer will be in default of this Agreement if Buyer furnishes false information to anyone concerning Buyer's financial no and/or employment status,fails to cooperate in good faith with processing the mortgage loan application(including delay 111 of the appraisal),falls to lock in interest rate(s)as stated in Paragraph 8(B),or otherwise causes the lender to reject,refuse 112 to approve or issue a mortgage loan commitment. 113 (E) 1. Mortgage Commitment Date: '1.il v fs 7 2.0/3 . 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). 12s 4. If this Agreement is terminated pursuant to Paragraphs 8(E)(2)or(3),or the mortgage loan(s)is not obtained for settlement, 126 all deposit monies will be returned to Buyer according to the terms of Paragraph 22 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- 130 lation;(3)Appr•' al fees and charges paid in advance to mortgage lender(s). ?4 131 Buyer Initials: .S.AC / •iv • ASR Page 3 of 11 Seller Initials: idry / Revised 1/10 132 (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 mortgage lender and/or insurer,Buyer accepts the Property and 137 agrees to the RELEASE in Paragraph 24 of this Agreement. 138 2. If Seller will not make the required repairs,or if Seller fails 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 22 of this Agreement. 144 If Buyer fails to respond within the time stated in Paragraph 8(F)(2)or fails 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 24 of this Agreement. 146 FHA/VA,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, 150 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 himself/herself that the price and condition of the 155 Property are acceptable. is6 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." iso (H) U.S.Department of Housing and Urban Development(HUD)NOTICE TO PURCHASERS:Buyer's Acknowledgement 161 0 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 (I) Certification We the undersigned,Sellers)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. 16.1 9.. SELLER REPRESENTATIONS(1-10) 168 (A) Radon Testing and Remediation(See Notice Regarding Radon) 169 Seller has no knowledge about the presence or absence of radon unless checked below: 170 0 1. Seller has knowledge that the Property was tested on the dates and by the methods(e.g.charcoal canister,alpha track, 171 etc.),which produced the results indicated below: 172 Date Type of Test Results(picoCuries/liter or working levels) Name of Testing Service 173 174 175 0 2. Seller has knowledge that the Property had radon removal system(s)installed as indicated below: 176 Date Installed Type of System Provider 177 178 179 Copies of all available test reports will be delivered to Buyer with this Agreement.Seller does not warrant the meth- 18o ' ods or the results of radon tests. 181 (B) Status of Water 182 Seller represents that the Property is served by: 183 0 Public Water 0 Community Water On-site Water 0 None 0 184 (C) Status of Sewer 185 Seller represents that the Property is served by: 186 0 Public Sewer 0 Community Sewage Disposal System 0 Ten-Acre Permit Exemption(see Sewage Notice 2) 187 • X Individual On-lot Sewage Disposal System(see Sewage Notice 1) 0 Holding Tank(see Sewage Notice 3) 188 0 Individual On-lot Sewage Disposal System in Proximity to Well(see Sewage Notice 1;see Sewage Notice 4,if applicable) 189 0 None(see Sewage Notice 1)❑None Available/Permit Limitations in Effect(see Sewage Notice 5) 190 0 . 191 (D) Historic Preservation 192 Seller is not aware of historic preservation restrictions regarding the Property unless otherwise stated here: 193 1 194 Buyer Iuitials: / � 44 �%' ASR Page 4 of ll Seller Initials: isia..ettit / Revised 1/10 i 195 (E) 0 Property,or a portion of it,is preferentially assessed for tax purposes under the following Act(s)(see Notices Regarding Land 196 Use Restrictions): 197 0 Farmland and Forest Land Assessment Act(Clean and Green Program;Act 319 of 1974;72 P.S.§5490.1 et seq.) 198 0 Open Space Act(Act 442 of 1967;32 P.S.§5001 et seq.) 199 0 Agricultural Area Security Law(Act 43 of 1981;3 P.S.§901 et seq.) 200 0 Other 201 (F) Seller represents that,as of the date Seller signed this Agreement,no public improvement,condominium or homeowner associa- 202 tion assessments have been made against the Property which remain unpaid, and that no notice by any government or public 203 authority has been served upon Seller or anyone on Seller's behalf,including notices relating to violations of zoning,housing, 204 building,safety or fire ordinances that remain uncorrected,and that Seller knows of no condition that would constitute a viola- 205 tion of any such ordinances that remain uncorrected,unless otherwise specified here: 206 207 (0) Seller knows of no other potential notices(including violations)and/or assessments except as follows: 208 209 (H) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 210 10.WAIVER OF CONTINGENCIES(9-05) 211 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property,or to verify insurability,environmental 212 conditions,boundaries,certifications,zoning classification or use,or any other information regarding the Property,Buyer's 213 failure to exercise any of Buyer's options within the times set forth in this Agreement is a WAIVER of that contingency and 214 Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement. 215 11.INSPECTIONS(1-10)(See Notices Regarding Property and Environmental Inspections) 216 (A) Rights and Responsibilities 217 1. Seller will provide access to insurers'representatives and,as may be required by this Agreement or by mortgage lender(s),to 218 surveyors,municipal officials,appraisers and inspector's.All parties and their real estate licensee(s)may attend any inspections. 219 2. Buyer may make a pre-settlement walk-through inspection of the Property.Buyer's right to this inspection is not waived by 220 any other provision of this Agreement. 221 3. Seller will have heating and all utilities(including fuel(s))on for all inspections/appraisals. 222 4. All inspectors,including home inspectors,are authorized by Buyer to provide a copy of any inspection Report to Broker for Buyer. 223 5. Seller has the right,upon request,to receive a free copy of any inspection Report from the party for whom it was prepared. 224 (B) Buyer waives or elects at Buyer's expense to have the following Inspections, certifications, and investigations (referred to as 225 "Inspection"or"Inspections")performed by professional contractors,home inspectors,engineers,architects and other properly 226 licensed or otherwise qualified professionals.If the same inspector is inspecting more than one system,the inspector must corn- 227 ply with the Home Inspection Law.(See Notice Regarding the Home Inspection Law) 2226 (C) For elected Inspection(s),Buyer will,within the Contingency Period(s)stated in Paragraph 12(A),complete Inspections,obtain any 229 Inspection Reports or results(referred to as`Report"or"Reports"),and accept the Property,terminate this Agreement,or submit a 230 Written Corrective Proposal(s)to Seller,according to the terms of Paragraph 12(B). 231 Home/Property Inspections and Environmental Hazards(mold,etc.) 232 Elected Buyer may conduct an inspection of the Property's structural components; roof; exterior windows and exterior 233 / doors;exterior siding,Exterior Insulation and Finish Systems,fascia,gutters and downspouts;swimming pools,ho r%f • 234 tubs and spas;appliances;electrical systems;interior and exterior plumbing;public sewer systems;heating and cool- 235 ing systems; water penetration; electromagnetic fields; wetlands and flood plain delineation; structure square 236 footage;mold and other environmental hazards(e.g.,fungi,indoor air quality,asbestos,underground storage tanks, 237 etc.);and any other items Buyer may select.If Buyer elects to have a home inspection of the Property,as defined in 238 the Home Inspection Law,the home inspection must be performed by a full member in good standing of a national 239 home inspection association,or a person supervised by a full member of a national home inspection association,in 240 accordance with the ethical standards and code of conduct or practice of that association,or by a properly licensed 241 or registered engineer or architect.(See Notice Regarding the Home Inspection Law) 242 Wood Infestation 243 Elected Buyer may obtain a written"Wood-Destroying Insect Infestation Inspection Report"from an inspector certified as 0;,.I iv xe 244 / a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid- /-6 245 ed by the inspector to Seller.The Report is to be made satisfactory to and in compliance with applicable laws,mort- 246 gage lender requirements,and/or Federal Insuring and Guaranteeing Agency requirements.The Inspection is to be 247 limited to all readily-visible and accessible areas of all structures on the Property,except fences.If the Inspection 248 reveals active infestation(s),Buyer,at Buyer's Expense,may obtain a Proposal from a wood-destroying pests pes- 249 ticide applicator to treat the Property.If the Inspection reveals damage from active or previous infestation(s),Buyer . 250 may obtain a written Report from a professional contractor,home inspector or structural engineer that is limited to 251 structural damage to the Property caused by wood-destroying organisms and a Proposal to repair the Property. 252 Radon 253e ect Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 254 'o Agency(EPA)advises corrective action if the average annual exposure to radon is equal to or higher than 0.02 / 255 working levels or 4 picoCurieslliter(4pCi/L). 256 Water Service 257O,_fg •ec -j� Buyer may obtain an Inspection of the quality and quantity of the water system from a properly licensed or otherwise Waived 25 Q7'D qualified water/well testing company.If and as required by the inspection company,Seller,at Seller's expense,will / 259 locate and provide access to the on-site(or individual)water system.Seller will restore the Property to its previous con- 260 dition,at Seller' i.ense,prior to settlement. `A 261 Buyer Initials: 53¢S l f�-' . ASR Page 5 of 11 Seller Initials: 1'�` / Revised 1/10 262 On-lot Sewage(If Applicable) 263 Elected Buyer may obtain an Inspection of the individual on-lot sewage disposal system from a qualified,professional v 264 / inspector.If and as required by the inspection company, Seller,at Seller's expense,will locate,provide access to(>_I// - '265 and empty the individual on-lot sewage disposal system.Seller will restore the Property to its previous condition, 266 at Seller's expense,prior to settlement. See paragraph 12(C)for more information regarding the Individual On-lot 267 Sewage Inspection Contingency. 268 Property Insurance 269 Elected Buyer may determine the insurability of the Property by making application for property and casualty insurance for igitc 270 / the Property to a responsible insurer.Broker for Buyer,if any,otherwise Broker for Seller,may communicate wi 271 the insurer to assist in the insurance process. If the Property is located in a flood plain,Buyer may be required to 272 carry flood insurance at Buyer's expense,which may need to be ordered 14 days or more prior to Settlement Date. 273 Property Boundaries 274 Elected Buyer may engage the services of a surveyor,title abstractor,or other qualified professional to assess the legal�yti�li 275 / description,certainty and location of boundaries and/or quantum of land. Most Sellers have not had the Prope ; / C5 276 surveyed as it is not a requirement of property transfer in Pennsylvania.Any fences,hedges,walls and other natural 277 or constructed barriers may or may not represent the true boundary lines of the Property.Any numerical represen • - 278 tations of size of property are approximations only and may be inaccurate. 279 Deeds,Restrictions and Zoning • 280 Elected Buyer may investigate easements,deed and use restrictions(including any historic preservation restrictions or ordi jy 281 / nances)that apply to the Property and review local zoning ordinances.Buyer may verify that the present use of th=r /tiG 282 Property (such as in-law quarters, apartments, home office, day care) is permitted and may elect to make the 283 Agreement contingent upon an anticipated use.Present use: 284 Lead-Based Paint Hazards(For Properties prior to 1978 only) 235 Elected Before Buyer is obligated to purchase a residential dwelling built prior to 1978,Buyer has the option to conduct av 286 / risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint haz •,l . 287 ands unless Buyer waives that right.Regardless of whether this inspection is elected or waived,the Residential 283 Lead-Based Paint Hazard Reduction Act requires a Seller of property built prior to 1978 to provide the 289 Buyer with an EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead in 290 Your Home,along with a separate form,attached'to this Agreement,disclosing Seller's knowledge of lead- 291 based paint hazards and any lead-based paint records regarding the Property. (See Notices Regarding 292 Residential Lead-Based Paint Hazard Reduction Act) 293 Other 294 Elected Waived 295 / / 296 297 The Inspections elected above do not apply to the following existing conditions and/or items: 298 299 300 12.INSPECTION CONTINGENCY(1-10) 301 (A) The Contingency Period is /0 days(10 if not specified)from the Execution Date of this Agreement for each Inspection elect- 302 . ed in Paragraph 11(C),except the following: 303 Inspection(s) Contingency Period 304 days 305 days 306 days 307 days 308 (B) Except as stated in Paragraph 12(C),if the result of any Inspection elected in Paragraph 11(C)is unsatisfactory to Buyer,Buyer 309 will,within the stated Contingency Period: 310 1. Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 24 of this Agreement,OR 311 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 312 Paragraph 22 of this Agreement,OR , 313 3. Present the Report(s)to Seller with a Written Corrective Proposal("Proposal')listing corrections and/or credits desired by Buyer. 314 The Proposal may,but is not required to,include the name(s)of a properly licensed or qualified professional(s)to perform 315 the corrections requested in the Proposal,provisions for payment,including retests,and a projected date for completion 316 of the corrections. Buyer agrees that Seller will not be held liable for corrections that do not comply with 317 mortgage lender or governmental requirements if performed in a workmanlike manner according to the terms of 318 Buyer's Proposal. 319 a. No later than days(5 if not specified)from the end of the Contingency Period(s),Seller will inform Buyer in 320 writing that Seller will: 321 (1)Satisfy all terms of Buyer's Proposal(s),OR - 322 (2)Not satisfy all terms of Buyer's Proposal(s). 323 b. If Seller agrees to satisfy all terms of Buyer's Proposal, Buyer accepts the Property and agrees to the RELEASE in 324 Paragraph 24 of this Agreement. 325 Buyer Initials: 14'5 / 251� ASR Page 6 of 11 Seller Initials: ),Ab / Revised 1/10 l'-'" i 326 c. Within days (2 if not specified) of the.receipt of written notification that Seller will not satisfy all terms of 327 Buyer's Proposal,or the time stated in paragraph I 2(B)(3)(a)if Seller fails to choose either option in writing,whichever 3211 occurs first,Buyer will: 329 (1)Accept the Property with the information stated in the Report(s)and agree to the RELEASE in Paragraph 24 of this 330 Agreement,OR 331 (2)Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 332 of Paragraph 22 of this Agreement,OR 333 (3)Enter into a mutually acceptable written agreement with Seller, providing for any repairs or improvements to the 334 Property and/or any credit to Buyer at settlement,as acceptable to the mortgage lender,if any. 335 If Buyer fails to respond within the time stated in Paragraph 12(B)(3)(c)or fails to terminate this Agreement by 336 written notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 337 24 of this Agreement. 338 (C) If a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system,Seller may,within 339 days(25 if not specified)of receiving the Report,submit a Proposal to Buyer.The Proposal will include,but not be limited to,the 340 name of the company to perform the expansion or replacement;provisions for payment,including retests;and a projected com- 341 pletion date for corrective measures.Within 5 DAYS of receiving Seller's Proposal,or if no Proposal is provided within the 342 stated time,Buyer will notify Seller in writing of Buyer's choice to: 343 1. Agree to the terms of the Proposal,accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 344 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 345 Paragraph 22 of this Agreement,OR 346 3. Accept the Property and the existing system and agree to the RELEASE in Paragraph 24 of this Agreement.If required by any 341 mortgage lender and/or any governmental authority,Buyer will correct the defects before settlement or within the time required 348 by the mortgage lender and/or governmental authority,at Buyer's sole expense,with permission and access to the Property given 349 by Seller,which may not be unreasonably withheld.If Seller denies Buyer permission and/or access to correct the defects,Buyer 350 may,within 5 DAYS of Seller's denial,terminate this Agreement by written notice to Seller,with all deposit monies returned 351 to Buyer according to the terms of Paragraph 22 of this Agreement. 352 If Buyer fails to respond within the time stated in Paragraph 12(C)or fails to terminate this Agreement by written notice 353 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 354 13.NOTICES,ASSESSMENTS AND MUNICIPAL REQUIREMENTS(1-10) 355 (A) In the event any notices,including violations,and/or assessments are received after Seller has signed this Agreement and before 336 settlement,Seller will within 5 DAYS of receiving the notices and/or assessments provide a copy of the notices and/or assess- 357 ments to Buyer and will notify Buyer in writing that Seller will: 358 1. Fully comply with the notices and/or assessments,at Seller's expense,before settlement. If Seller fully complies with the 359 notices and/or assessments,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 360 2. Not comply with the notices and/or assessments.If Seller chooses not to comply with the notices and/or assessments,or fails 361 within the stated time to notify Buyer whether Seller will comply,Buyer will notify Seller in writing within 5 DAYS 362 that Buyer will: 363 a. Comply with the notices and/or assessments at Buyer's expense, accept the Property, andagree to the RELEASE in 364 Paragraph 24 of this Agreement,OR 365 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 366 Paragraph 22 of this Agreement. 367 If Buyer fails to respond within the time stated in Paragraph 13(A)(2)or fails to terminate this Agreement by written notice 368 to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement. 369 (B) If required by law,within 30 DAYS from the Execution Date of this Agreement,but in no case later than 15 DAYS prior 370 to Settlement Date,Seller will order at Seller's expense a certification from the appropriate municipal department(s)disclosing 371 notice of any uncorrected violations of zoning,housing,building,safety or fire ordinances and/or a certificate permitting occu- 372 pancy of the Property. If Buyer receives a notice of any required repairs/improvements.Buyer will promptly deliver a copy of 373 the notice to Seller. . 374 1. Within 5 DAYS of receiving notice from the municipality that repairs/improvements are required,Seller will deliver a 375 copy of the notice to Buyer and notify Buyer in writing that Seller will: 376 a. Make the required repairs/improvements to the satisfaction of the municipality. If Seller makes the required 377 repairs/improvements,Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement,OR 37R b. Not make the required repairs/improvements.If Seller chooses not to make the required repairslimprovements,Buyer will 379 notify Seller in writing within 5 DAYS that Buyer will: 380 (I) Make the repairs/improvements at Buyer's expense,with permission and access to the Property given by Seller,which • 391 will not be unreasonably withheld,OR 3112 (2)Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms 383 of Paragraph 22 of this Agreement. 384 If Buyer fails to respond within the time stated in Paragraph 13(B)(1)(b)or fails to terminate this Agreement by 385 written notice to Seller within that lime,Buyer will accept the Property and agree to the RELEASE in Paragraph 386 24 of this Agreement,and Buyer accepts the responsibility to perform the repairs/improvements according to the 387 terms of the notice provided by the municipality. ass 2. If Seller denies Buyer permission to make the required repairs/improvements, or does not provide Buyer access before 389 Settlement Date to make the required repairs/improvements,Buyer may,within 5 DAYS,terminate this Agreement by 390 written notice to Seller,with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. 391 Buyer Initials: /X5 I j"" • ASR Page 7 of U Seller Initials: t\kXI4 i Revised 1/10 - - 392 3. If repairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as required in this Paragraph,Seller 393 will perform all repairs/improvements as required by the notice at Seller's expense.Paragraph 13(B)(3)will survive settlement. 394 14.CONDOMINIUM/PLANNED COMMUNITY(HOMEOWNER ASSOCIATIONS)RESALE NOTICE(1-10) 395 Property is NOT a Condominium or part of a Planned Community unless checked below. 396 0 CONDOMINIUM.The Property is a unit of a condominium that is primarily run by a unit owners'association.Section 3407 of the 397 Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities)requires Seller to 398 furnish Buyer with a Certificate of Resale and copies of the condominium declaration(other than plats and plans),the bylaws and 399 the rules and regulations of the association. 400 0 PLANNED COMMUNITY(HOMEOWNER ASSOCIATION).The Property is part of a planned community as defined by the 401 Uniform Planned Community Act(see Notice Regarding Condominiums and Planned Communities).Section 5407(a)of the Act 402 requires Seller to furnish Buyer with a copy of the Declaration(other than plats and plans),the bylaws,the rules and regulations 403 of the association,and a Certificate containing the provisions set forth in section 5407(a)of the Act. 494 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OFA CONDOMINIUM OR A PLANNED COMMUNITY. 405 (A) Within 15 DAYS from the Execution Date of this Agreement,Seller,at Seller's expense,will request from the association a 406 Certificate of Resale and any other documents necessary to enable Seller to comply with the relevant Act.The Act provides that 407 the association is required to provide these documents within l 0 days of Seller's request. 40) (B) Seller will promptly deliver to Buyer all documents received from the association.Under the Act,Seller is not liable to Buyer for 409 the failure of the association to provide the Certificate in a timely manner or for any incorrect information provided by the asso- 410 elation in the Certificate. 411 (C) The Act provides that Buyer may declare this Agreement VOID at any time before Buyer receives the association documents and 412 for 5 days after receipt,OR until settlement,whichever occurs first. Buyer's notice to Seller must be in writing;upon Buyer declar- 413 ing this Agreement void,all deposit monies will be returned to Buyer according to the terms of Paragraph 22 of this Agreement. 414 (D) If the association has the right to buy the Property(right of first refusal),and the association exercises that right,Seller will reim- 415 burseBuyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 416 and any costs incurred by Buyer for:(1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation; 417 (2)Flood insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation;(3)Appraisal fees 418 and charges paid in advance to mortgage lender. 419 15.TITLES,SURVEYS AND COSTS(1-10) 420 (A) The Property will be conveyed with good and marketable title that is insurable by a reputable title insurance company at the reg- 4:1 ular rates,free and clear of all liens,encumbrances,and easements,excepting however the following:existing deed restrictions; 422 historic preservation restrictions or ordinances;building restrictions;ordinances;easements of roads;easements visible upon the 423 ground;easements of record;and privileges or rights of public service companies,if any. 424 (B) Buyer will pay for the following: (1)Title search,title insurance and/or mechanics'lien insurance,or any fee for cancellation; 425 (2)Flood insurance,fire insurance,hazard insurance,mine subsidence insurance,or any fee for cancellation;(3)Appraisal fees 426 and charges paid in advance to mortgage lender;(4)Buyer's customary settlement costs and accruals. • 427 (C) Any survey or surveys required by the title insurance company or the abstracting company for preparing an adequate legal 428 description of the Property(or the correction thereof)will be obtained and paid for by Seller.Any survey or surveys desired by 429 Buyer or required by the mortgage lender will be obtained and paid for by Buyer. 430 (D) If Seller is unable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates,as 431 specified in Paragraph 15(A),Buyer may terminate this Agreement by written notice to Seller,with all deposit monies returned to 432 Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs 433 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement,and for those items spec- 434 ified in Paragraph 15(B)items(1),(2),(3)and in Paragraph 15(C).. 435 (E) Seller is not aware of the status of oil,gas and mineral rights for Property unless otherwise stated below: 436 0 Seller does not own all subsurface rights to the property. 437 0 Oil,Gas and Mineral Rights Addendum(PAR Form OGM)is attached. 438 (F) COAL NOTICE(Where Applicable) 439 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH 440 THE SURFACE LAND DESCRIBED OR.REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL 441 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, 442 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND.(This notice is set forth in the manner provided in Section 1 of the Act of 443 July 17, 1957,P.L.984.)"Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting 444 from coal mining operations,and that the property described herein may be protected from damage due to mine subsidence by a 445 private contract with the owners of the economic interests in the coal.This acknowledgement is made for the purpose of com- 446 plying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." 447 Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 448 (G) The Property is not a"recreational cabin"as defined in the Pennsylvania Construction Code Act unless otherwise stated here(see 449 Notice Regarding Recreational Cabins): 450 16.MAINTENANCE AND RISK OF LOSS(1-10) 451 (A) Seller will maintain the Property,grounds,fixtures and personal property specifically listed in this Agreement in its present con- 452 dition,normal wear and tear excepted. 453 (B) If any system or appliance included in the sale of Property fails before settlement,Seller will: 454 1. Repair or replace the failed system or appliance before settlement,OR 455 2. Provide prompt written notice to Buyer of Seller's decision to: 456 a. Credit Buyer at settlement for the fair market value of the failed system or appliance,as acceptable to the mortgage lender, 457 if any,OR 458 b. Not repair or replace the failed system or appliance,and not credit Buyer at settlement for the fair market value of the 459 failed systeo N..pliance. 460 Buyer Initials: 5 4S / . ASR Page 8 of 11 Seller Initials: w+ / Revised 1/10 461 3. If Seller does not repair or replace the failed system or appliance or agree to credit Buyer for its fair market value,or if Seller 462 fails to notify Buyer of Seller's choice,Buyer will notify Seller in writing within 5 DAYS or before Settlement Date, 463 whichever is earlier,that Buyer will: 464 a. Accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement,OR 465 b. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 466 Paragraph 22 of this Agreement. 467 If Buyer fails to respond within the time stated in Paragraph 16(B)(3)or fails to terminate this Agreement by written 468 notice to Seller within that time,Buyer will accept the Property and agree to the RELEASE in Paragraph 24 of this 469 Agreement. 470 (C) Seller bears the risk of loss from fire or other casualties until settlement.If any property included in this sale is destroyed and not 471 replaced prior to settlement,Buyer will: 472 I. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 473 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of 474 Paragraph 22 of this Agreement. 415 17.HOME WARRANTIES(1-10) * 13U t&EA.. f0 taggi A -'r 1--0 mr A.Period Of l 9'4444.. 476 At or before settlement,either party may purchase a home warranty for the Property from a third-party vendor.Buyer and Seller under- 477 stand that a home warranty for the Property does not alter any disclosure requirements of Seller,will not cover or warrant any pre- 478 existing defects of the Property,and will not alter,waive or extend any provisions of this Agreement regarding inspections or certifi- 479 cations that Buyer has elected or waived as part of this Agreement.Buyer and Seller understand that a broker who recommends a home aso warranty may have a business relationship with the home warranty company that provides a financial benefit to the broker. 481 18.RECORDING(9-05) 482 This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record.If Buyer 4s3 causes or permits this Agreement to be recorded,Seller may elect to treat such act as a default of this Agreement. 484 19.ASSIGNMENT(1-10) 48$ This Agreement is binding upon the parties,their heirs,personal representatives,guardians and successors,and to the extent assigna- 47w ble,on the assigns of the parties hereto.Buyer will not transfer or assign this Agreement without the written consent of Seller unless 4s7 otherwise stated in this Agreement.Assignment of this Agreement may result in additional transfer taxes. 48s 20.GOVERNING LAW,VENUE AND PERSONAL JURISDICTION(9-05) 489 (A) The validity and construction of this Agreement,and the rights and duties of the parties,will be governed in accordance with the 490 laws of the Commonwealth of Pennsylvania. 491 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its performance by A92 either party submitted to a court shall be filed exclusively by and in the state or federal courts sitting in the Commonwealth of 493 Pennsylvania. 494 21.REPRESENTATIONS(1-10) 495 (A) All representations,claims, advertising, promotional activities, brochures or plans of any kind made by Seller,Brokers,their 496 licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 497 Agreement.This Agreement contains the whole agreement between Seller and Buyer,and there are no other terms,obligations, 498 covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This 499 Agreement will not be altered,amended,changed or modified except in writing executed by the parties. 500 (B) Unless otherwise stated in this Agreement,Buyer has inspected the Property(including fixtures and any personal prop- 501 erty specifically listed herein)before signing this Agreement or has waived the right to do so,and agrees to purchase the 502 Property IN ITS PRESENT CONDITION,subject to inspection contingencies elected in this Agreement.Buyer acknowl- 503 edges that Brokers,their licensees,employees,officers or partners have not made an independent examination or deter- 504 mination of the structural soundness of the Property,the age or condition of the components,environmental conditions, 505 the permitted uses,nor of conditions existing in the locale where the Property is situated;nor have they made a mechan- 506 ical inspection of any of the systems contained therein. 507 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. sos (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement. 509 22.DEFAULT,TERMINATION AND RETURN OF DEPOSITS(1-10) 510 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement,Buyer will be entitled to a return of 511 all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph 22(B), and this Agreement will be 512 VOID.Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 513 monies. 514 (B) Regardless of the apparent entitlement to deposit monies,Pennsylvania law does not allow a Broker holding deposit monies to 515 determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies: 516 1. If this Agreement is terminated prior to settlement and there is no dispute over entitlement to the deposit monies.A written 517 agreement signed by both parties is evidence that there is no dispute regarding deposit monies. 518 2. If,after Broker has received deposit monies,Broker receives a written agreement that is signed by Buyer and Seller,direct- 519 ing Broker how to distribute some or all of the deposit monies. 520 3. According to the terms of a final order of court. 521 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the 522 deposit monies if there is a dispute between the parties that is not resolved. (See Paragraph 22(C)) • 523 Buyer Initials: S,¢S / ter ' ASR Page 9 of 11 Seller Initials: M / Revised 1/10 524 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after 525 the Settlement Date stated in Paragraph 4(A),or any written extensions thereof,the Broker holding the deposit monies will,with- 526 in 30 days of receipt of Buyer's written request,distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- 527 able written notice that the dispute is the subject of litigation.If Broker has received verifiable written notice of litigation prior 5211 to the receipt of Buyer's request for distribution,Broker will continue to hold the deposit monies until receipt of a written distri- 529 bution agreement between Buyer and Seller or a final court order.Buyer and Seller are advised to initiate litigation for any por- 530 tion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 531 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies,and that 532 the parties maintain their legal rights to pursue litigation even after a distribution is made. 533 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 22 or Pennsylvania 534 law will not be liable. Buyer and Seller agree that if any Broker or affiliated licensee is named in litigation regarding deposit 535 monies,the attorneys'fees and costs of the Broker(s)and licensee(s)will be paid by the party naming them in litigation. 536 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer: 537 I. Fail to make any additional payments as specified in Paragraph 2,OR 538 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning 539 Buyer's legal or financial status,OR sou 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 541 (F) Unless otherwise checked in Paragraph 22(G),Seller may elect to retain those sums paid by Buyer,including deposit monies: 542 l. On account of purchase price,OR 543 2. As monies to be applied to Seller's damages,OR 544 3. As liquidated damages for such default. 545 (0)ix SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED 546 DAMAGES. 547 (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F)or(G), sox Buyer and Seller are released from further liability or obligation and this Agreement is VOID. . 549 (I) Brokers and licensees are not responsible for unpaid deposits. 550 23.MEDIATION(1-10) 551 Buyer and Seller will submit all disputes or claims that arise from this Agreement,including disputes and claims over deposit monies, 552 to mediation.Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute 553 Resolution System,unless it is not available,in which case Buyer and Seller will mediate according to the terms of the mediation sys- sso tern offered or endorsed by the local Association of REALTORS®.Mediation fees,contained in the mediator's fee schedule,will be 555 divided equally among the parties and will be paid before the mediation conference.This mediation process must be concluded before 550 any party to the dispute may initiate legal proceedings in any courtroom,with the exception of filing a summons if it is necessary to 557 stop any statute of limitations from expiring.Any agreement reached through mediation and signed by the parties will be binding(see 558 Notice Regarding Mediation).Any agreement to mediate disputes or claims arising from this Agreement will survive settlement. . 559 24.RELEASE(9-05) 560 Buyer releases, quit claims and forever discharges SELLER,ALL BROKERS,their LICENSEES,EMPLOYEES and any 561 OFFICER or PARTNER of any one of them and any other PERSON,FIRM or CORPORATION who may be liable by or 562 through them,from any and all claims,losses or demands,including,but not limited to,personal injury and property dam- age and all of the consequences thereof,whether known or not,which may arise from the presence of termites or other wood- 564 -boring insects,radon,lead-based paint hazards,mold,fungi or indoor air quality,environmental hazards,any defects in the 565 individual on-lot sewage disposal system or deficiencies in the on-site water service system,or any defects or conditions on the 566 Property.Should Seller be in default under the terms of this Agreement or in violation of any Seller disclosure law or regula- 567 tion,this release does not deprive Buyer of any right to pursue any remedies that may be available under law or equity.This 11611 release will survive settlement. 569 25.REAL ESTATE RECOVERY FUND(9-05) 570 A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real 571 estate licensee(or a licensee's affiliates)owing to fraud,misrepresentation,or deceit in a real estate transaction and who have been 572 unable to collect the judgment after exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783- 573 3658 or(800)822-2113(within Pennsylvania)and(717)783-4854(outside Pennsylvania). 574 26.COMMUNICATIONS WITH BUYER AND/OR SELLER(1-10) 575 Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer,that provision shall be satis- 576 fled by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant to 577 Paragraph 14.If there is no Broker for Buyer,those provisions may be satisfied only by communication/delivery being made direct- 578 ly to the Buyer,unless otherwise agreed to by the parties.Wherever this Agreement contains a provision that requires or allows com- 579 munication/delivery to a Seller,that provision shall be satisfied by communication/delivery to the Broker for Seller,if any.If there is 580 no Broker for Seller,those provisions may be satisfied only by communication/delivery being made directly to the Seller,unless other- s81 wise agreed to by the parties. 582 27.SPECIAL CLAUSES(1-10) 510 (A) The following are part of this Agreement if checked: 584 0 Sale&Settlement of Other Property Contingency Addendum(PAR Form SSP) sss 0 Sale&Settlement of Other Property Contingency with Right to Continue Marketing Addendum(PAR Form SSP-CM) 586 0 Settlement of Other Property Contingency Addendum(PAR Form SOP) 587 0 Short Sale Addendum to Agreement of Sale(PAR Form SHS) sss 0 Appraisal Contingency Addendum(PAR Form ACA) 589 Vm 44 / AOO 1)uEArid�tSrYnE• — Ta n A6cr_m4W °io-4 544. 590 112( Widn (, )P' 1.411P- /e55R./Y1 591 yr{ L[/JEd./ . . o n) 1� /°moo r s'e.„7-7u E' C_0 a i i ANrs et- P/6-r-lolA A-1 �} 592 Buyer Initials:5/7'5 "' - ASR Page 10 of 11 Seller Initials: µMMS i Revised 1/10 s93 (B)Additional Terms: 594 595 �, ,N �iD � C�VYL'/� 6)14L-L. ,466 z 13 4w596 597 l N5TA-1-4- l'Aj' ' - Tris, ,4 ri�n, SyS .�, Lite, -to Qvo /A✓ Cosr 598 599 2.. 4 r NEC:v6D .'U 't ' sti Al . ti= -' U) ,60 id ee--- 600 601 "NST-141-(- A R44.0641 /11177;6.47i0n% sy5r' rn op - gvCAST. 602 6104 . S A-eri_ b*�c c7R- t` oLe, c�+.rr.scSLS OF °5c �' An.E 605 14 4461" 17 - •tivfn°�rC. tfiebe.e' IL) 3" 606 607 608 609 610 611 6)2 613 614 615 Buyer and Seller acknowledge receipt of a copy of this Agreement at the time of signing. 616 .This Agreement may be executed in one or more counterparts,each of which shall be deemed to be an original and which coun- 617 terparts together shall constitute one and the same Agreement of the Parties. 618 NOTICE TO PARTIES: WHEN SIGNED,THIS AGREEMENT IS A BINDING CONTRACT. Parties to this transaction are 619 advised to consult a Pennsylvania real estate attorney before signing if they desire legal advice. ono Return of this Agreement,and any addenda and amendments,including return by electronic transmission,bearing the signatures e-)1 of all parties,constitutes acceptance by the parties. 622 • / Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code 623 §35.336. 624 / Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 625 / Buyer has read and understands the notices and explanatory Information In this Agreement. 626 / Buyer has received a Seller's Property Disclosure Statement before signing this Agreement,if required by law 627 (see Information Regarding the Real Estate Seller Disclosure Law). 628 / Buyer has received the Deposit Money Notice(for cooperative sales when Broker for Seller is holding deposit 629 money)before signing this Agreement. 630 / Buyer has received the Lead-Based Paint Hazards Disclosure,which is attached to this Agreement of Sale,and 631 the pamph • ' Your Family from Lead in Your Home(for properties built prior to 1978) 632 WITNESS BUYER /1"1"''" j-de DATE dT/2/20/..? 633 WITNESS ., BUYERC7 ' / • / S ATE1.272oi3 .rte- i� .C1 614 WITNESS BUYER DATE Ess Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 636 Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 637 Seller has read and understands the notices and •.planatory information in this Agreement. 638 WITNESS SELLER 4. 1 .D�Y� DATE 7a 639 WITNESS SELLER DATE 640 WITNESS SELLER DATE ASR Page 11 of 11 Revised 1110 SELLER'S COPY r. ,,i BUYER'S ESTIMATED COSTS AND DEPOSIT MONEY NOTICE BEC This form recommended and ap roved for,but not restricted to use by,the members of the Pennsylvania Association of REALTORSe(PAR). PROPERTY /7 ,0s Ai OA./Ur BUYER Al/Z.. -1- m R.S. S7,A.27` /0.L;---AA-I SETTLEMENT DATE ZVit/E 2 O ZO L3 PURCHASE PRICE S 1. Title First Mortgage--Estimated Monthly Payments INITIALLY (A) Title Search/Insurance $ Mortgage Type: 0 Fixed Rate 0 Adjustable Rate (B) Closing Protection Letter $ Based on$ ,for years, (C) Title Endorsements $ at the following rate(s): % % (D) Mechanics Lien Insurance $ Principal and Interest _S $ (E) Settlement/Notary Fees $ Taxes $ $ (F) Recording Fees (Mortgage/Deed) _ $ Property Insurance $ $ (G) Transfer Tax $ Mortgage Insurance Premium $ $ (H) Survey $ Condo/Homeowner's Assoc.Fees $ $ (1) Domestic Lien Search $ Estimated Total $ $ (J) "Patriot Act"Search $ 0) $ Second Mortgage—Estimated Monthly Payments INITIALLY 2. Broker's Fee $ O"" Mortgage Type: 0 Fixed Rate 0 Adjustable Rate • 3. Property Insurance(e.g.,Homeowner's Insurance) Based on$ ,for years, (A) First Year's Premium $ at the following rate(s): % (B) Lender Escrow $ Principal and Interest $ $ 4. Adjustments (+/-) (A) School Tax $ Combined Total S $ , (B) County Tax $ (Total of first&second mortgages) (C) Municipal Tax $ If the interest rate is higher or lower than shown above,total (D) Lender Escrows $ monthly payments will be higher or lower. Consult the mortgage (E) Association Fees(prorations) $ lender for more information about mortgage costs and terms. (F) Association Fees(capital contributions,etc.)$ (G) Lienable Utilities $ SUMMARY OF TOTAL MONIES NEEDED 5. Inspection Fees Purchase Price $ (A) Property Inspection $ • Estimated Costs(from left column,incl. (B) Wood Infestation $ • MIP&VA Funding Fee,if any) $ (C) Radon $ • TOTAL CASH REQUIRED(subtotal) $ (D) Water $ • Less Mortgage Amt.(including (E) Sewer $ • MIP&VA Funding Fee,if financed) $ (F) Other(e.g.,lead paint) $ * Less Seller Assist and Credits(if any) $ 6. Lender Less Deposits(if any) $ (A) Fees Charged as Percentage of Loan _ $ • BALANCE DUE AT SETTLEMENT $ (B) Appraisal&Credit Report(s) $ • NOTE: Fees from the left column paid before settlement will be sub- (C) Mortgage Insurance Lender Escrow _ $ tracted from this amount. (D) Mortgage Insurance Premium $ DEPOSIT MONEY NOTICE TO BUYER(if applicable) (E) VA Funding Fee $ " LISTING BROKER(Broker for Seller): (F) Preparation Mortgage Documents _ $ (G) Interest from settlement date until end of SELLING BROKER: month,at$ per day $ (H) Miscellaneous Fees(e.g.,flood cert., 1. Listing Broker is a Pennsylvania licensed real estate broker who is tax service,courier,etc.) $ required to hold your sales deposit in escrow. (1) $ 2. Selling Broker is accepting your deposit on behalf of and for trans- 7. Home Warranty i r'& $ -- 0- fer to the Listing Broker. 8. Other $ 3. If the deposit is in the form of a check,the check must be made Estimated Costs $ 1—e> payable to the Listing Broker. •payment may be required before settlement ''usually financed in mortgage amount Buyer understands�� that the estimated costs are based on the best information available at this date and may be higher or lower at settlement. BUYER DATE BUYER k9ii _ ti DATE Z.2�/? BUYER DATE Dl`�/'7 oh BROKER(Company Name) Po Ile_ *ech4._ a- lGrt•-ate. PROVIDED BY(Licensee) •'• .,,./ DATE 5- 2-- I3 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®2005 O. 10/05 Pennsylvania Association of REALTORS` ADDENDUM/ENDORSEMENT TO AGREEMENT OF SALE ASA PROPERTY 1 7 &E j ft) /.. t2 I V F_ SELLER 412 Li ,0i.�1.ig Lop/_/!.S 4'- Ye N7z_-/2-e2- 41- YL N7-2_,E/L ,�....- BUYER Ail 12 . 9^" v4 AS . S 7742-7- Se Ear'- DATE OF AGREEMENT .5--- Z- 13 ITEMS OF CHANGE PRIOR TO CLOSE CREDIT CHARGE 1. Change out appliances to buyers pick at Smith's Appliance,Builder to install at NC $3800.00 $5140.00 2. Replace existing kitchen sink with white Fanners sink and re-fit granite No Labor $950.00 3. Interior brick veneer on walls in Family,Dining,&Fireplace per builder samples Labor inc. $2400.00 4. Kitchen Island replacement with buyer supplied and buyer installed island $1420.00 NC 5. Existing toilets through out replaced with buyer supplied toilets ($130 credit each) $520.00 NC 6. Upstairs office add two more shelves like existing No Labor $75.00 7. Bedrooms 2&3 add one more shelflike existing No Labor $125.00 8. Vanities in powder room and upstairs bedrooms replaced with buyer supplied choice $1100.00 No Labor 9. Upstairs Tubs add sliding clear glass shower doors per builder No Labor $350.00 10. Custom framed mirrors with headers to match trim in existing at all vanities$60(X6) Labor inc. $360.00 11. Steps at all entrances to match red mahogany porch ceilings -0- No Labor 12. 3 Overhead garage doors to be replaced with Wayne Dalton 9400 white Carriage series No Labor $1350.00 13. Replace existing clawfoot in master bath with buyer choice($1300 builder allowance) $1300.00 No Labor 14. Remove existing laundry cabinets,top,and sink....relocate and install in garage -0- $200.00 15. Any existing lights exterior or interior,to be replaced...buyer will supply -0- No Labor 16. Relocate Washer and Dryer hook-ups to basement including LP gas -0- $125.00 17. Kitchen knobs to be replaced and supplied by buyer,installed by builder -0- No Labor 18. Re-work existing fireplace trim to include fluted and a wider header -0- $125.00 19. Builder to install buyer supplied screen doors,buyer will paint -0- No Labor 20. Builder to remove and paint exterior fan blades to buyer color choice and re-install -0- No Labor 21. Builder to install lights and a utility sink on unfinished workshop side of basement -0- $175.00 22. 'A Basement finish to include rough-in plumbing for kitchen and bath,finish electrical, framing of walls,double doors to unfinished side,drywall,insulation,and painting, and labor to install cabinets supplied by the buyer..Buyer also to supply and install flooring in the fished space. -0- $16300.00 TOTALS = $8140.00 $27,675.00 •••V?/1.4:"......."-- NOTE; WELt1BIII LLC,TO RETAIN ALL EXISTING REPLACED ITEMS AT NO COST TO BUILDER... NON ACE:Fi/nd AJC TOTAL PREPAID CHARGES DUE PRIOR TO START = $19,535.00 WITNESS BUYER /..A. # I ATE 4IPr :111 WITNESS 2/-- BUYER WITNESS �G7 DATE -Ode) ,� SELLER"----.2 7�- DATE 5/ / WITNESS SELLER DATE WITNESS SELLER DATE �% I Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®1993 09102 Form generated by:TrueForms"from REVEAL%)SYSTEMS,Inc.800-498.9612 kit Akkle t Y CONSUMER NOTICE CN THIS IS NOT A CONTRACT In an effort to enable consumers of real estate services to make informed decisions about the business relationships they may have with real estate brokers and salespersons(licensees),the Real Estate Licensing and Registration Act(RELRA)requires that consumers be provided with this Notice at the initial interview. • Licensees may enter into the following agency relationships with consumers: Seller Agent As a seller agent the licensee and the licensee's company works exclusively for the seller/landlord and must act in the seller's/landlord's best interest,including making a continuous and good faith effort to find a buyer/tenant except while the property is subject to an existing agreement.All confidential information relayed by the seller/landlord must be kept confidential except that a licensee must reveal known material defects about the property.A subagent has the same duties and obligations as the seller agent. Buyer Agent As a buyer agent,the licensee and the licensee's company work exclusively for the buyer/tenant even if paid by the seller/landlord. The buyer agent must act in the buyer/tenant's best interest,including making a continuous and good faith effort to find a property for the buyer/tenant,except while the buyer is subject to an existing contract,and must keep all confidential information,other than known material defects about the properly,confidential. Dual Agent As a dual agent,the licensee works for both the seller/landlord and the buyer/tenant.A dual agent may not take any action that is adverse or detrimental to either party but must disclose known material defects about the property.A licensee must have the written consent of both parties before acting as a dual agent. Designated Agent As a designated agent,the broker of the selected real estate company designates certain licensees within the company to act exclusively as the seller/landlord agent and other licensees within the company to act exclusively as the buyer/tenant agent in the transaction. Because the broker supervises all of the licensees,the broker automatically serves as a dual agent. Each of the designated licensees are required to act in the applicable capacity explained previously.Additionally,the broker has the duty to take reasonable steps to assure that confidential information is not disclosed within the company. • In addition.a licensee may serve as a Transaction Licensee. A transaction licensee provides real estate services without having any agency relationship with a consumer.Although a transaction licensee has no duty of loyalty or confidentiality,a transaction licensee is prohibited from disclosing that: •The seller will accept a price less than the asking/listing price, •The buyer will pay a price greater than the price submitted in the written offer,and •The seller or buyer will agree to financing terms other than those offered. Like licensees in agency relationships,transaction licensees must disclose known material defects about the property. 12/08 Form generated by:True Forms' www.TrueForms.com 800-499-9612 • Regardless of the business relationship selected,all licensees owe consumers the duty to: •Exercise reasonable professional skill and care which meets the practice standards required by the RELRA. •Deal honestly and in good faith. •Present,as soon as practicable,all written offers,counteroffers,notices and communications to and from the parties.This duty may be waived by the seller where the seller's property is under contract and the waiver is in writing. •Comply with the Real Estate Seller Disclosure Law. •Account for escrow and deposit funds. •Disclose,as soon as practicable,all conflicts of interest and financial interests. •Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. •Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. •Keep the consumer informed about the transaction and the tasks to be completed. •Disclose financial interest in a service,such as financial,title transfer and preparation services,insurance,construction,repair or inspection,at the time service is recommended or the first time the licensee learns that the service will be used. • The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an agreement/disclosure statement: •The duration of the licensee's employment,listing agreement or contract. •The licensee's fees or commission. •The scope of the licensee's activities or practices. •The broker's cooperation with and sharing of fees with other brokers. •All sales agreements must contain the property's zoning classification except where the property is zoned solely or primarily to permit single family dwellings. •The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud,misrepresentation,or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783-3658. Before you disclose any financial information to a licensee,be advised that unless you select a business relationship by signing a written agreement,the licensee is NOT representing you.A business relationship is NOT presumed. ACKNOWLEDGMENT I acknowledge that I have received this disclosure. 10 Date: •20 13 (�`C 4 a -,/ �. , 7 ��1 t•IL..y (Consumer's P 'nted Name) ‘lirConsum 4lgn ure) Date: 03/0 Z/.20/ J rca�` 3--„oe i'h (Consumer's Printed Name) (Consumer's Sign ure) I certify that I have provided this document to the above consumer during the initial interview. Date: A Z - a 6l A-u 10 `t,�1. (Licensee's Printed Name) '"censee's Signature) (License#) Adopted by the State Real Estate Commission at 49 Pa.Code 05.336. Foran generated by:TrueForms` www.TrueForms.com 800-489-9612 ; 1 LOT #8 /�/ / 1 1 / „o' / i LOT #9 ; / / �. f � ! � � 1 ".-_`INAcf ` , �.` '� �ey1 r / LOT #10 ztei 4° SO ii)Vol. ' Pr. '*7 %.''...d il ---: .:..f.".....-"' -15. • . --..-......... }-:296...Z, 10' UTILITY `,� LOT #22 . / / EASEMENT .... ` `� S88'56'00"W 1 1 ?s• 100.00' 1 i as A LOT #21 `'SEM alCE' IRON PrN TT) 2.95 ACRES I ` •./,.7.4,.4 BE SET(TYP.) II �`ti- I LOT #20 N..41,- 1 1 I— I LOT 25 L 20A # ►� ° WALKINGOEASEME'T ° iz — C �p o 2D N .60'412 M.,£f.19.9IN /14. �� ft - 4' WALKING - -� .__ - -_ PATH I' LOT #28 LOT #26 I I LOT #27 '�I 100 20 0 20 100 SCALE: 1" = 100' 13 PLOT PLAN to4 �2, -' 3 LOT 21 SCALE: 1" = 100' . •031 LINDENWOOD DRAWING.NANE Plooslot 21 5141DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 1 of 1 * -- C'.' - - - -. • J - -LO B \�\ \1 / / -1E- s, 7.'...%N..........N.N%-..) � 1 \ l a,j -,..: .T.,•__,I.!t _. -,, , \ •%%4-3 .. • . .,...,........ . .';,.i.... ,:,,,.,,, _ \ &,.. i • _ , r ' _ `ti` s 1 , . , -- _ HIGH POKT \ 1 �' -.011k,\:,', -.1*-4>a -r 4',', ( \ _ El V._817.70 \ \ k \ \ EW-4 �\ ,A:j,. -. ) or, \ \ ••••• (-- - ' rk"--- _ T LbT #22 � 1 I \ �' —-\ / I �` \ ` \ N .- \ J 1 I \ \\ LOW POINP C,A \. \ \ m 1 \ 1 \ ` \ \ \S AV23 76.28 n ) 1 \ \ \ \ \ \ \ \ /---- / 1 \ \ \ \ \ \ \ ` \\ \ \ l\ l I \ \ \\ \ \ \` \` \,\ \ / / ] i \ , X \ - -- \ \ \ \ i ��r7 ce / T ) ' 1 1 , 7..0 rim s / j , � /'�`-/`-, , ' --, 1 � 1 ,01^s/ ����r�/ter�l/ • I , / � ) /— '...---.e k \ %//i/,2 // y� //fir 11 \ i ( / / \ 1 _- -;:--- --- _,-- \ / )\\/<;///) I) ) \N 1 / 1 / / ;\ — � _ � / 1 l � � \ � � � /moi / / i / / /// \ _XOT--#2§ •�� \ N \ \ \4 / r I l \ p VOA / PROPOSEp'1r' \\ \ G 43„ /WAL�dNG EA$EIAENT % ..., i __ --/ ..., \-- -7 --c`— "---- -;47-ck.KING—7- ---- -1- - )—r ------ ...... ...„ _..... ......_ ...., „.... ..... .... y \ \ ` PATH , ` / / / \ 1 \ N # _f__ / J � � / 1 'moi :- \\ \\ \\\ --- I' t \ .� -- _ - - //- \ \ \ \ \ I �' -� _ 1 LOT #26 \ \I 1 \ \ \ /' \\ I ( - \ /1 \ \1 1 I\ LQT2 \ ) I =.._ �1 1 1 1 1 1 / (k100 100 20 0 20 100 r ! / SCALE: 1" = 100' ‘ PLOT PLAN itlerSCALE: 1" = 100' / . �/3 LOT 21 �I DRAWING, dug/Plot DS` LINDENWOOD NAME ' Plans.Lot 21 's \ DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA 1 of 1 J t,Y z4 r J ,t �.G NI A.IN 977 Walnut Bottom Road • Carlisle, PA 17015 REALTORSL�a s'--,,,,7n249•1844 Phone: 717-249-1844 Fax: 717-249-1822 ThinkHHE.com Agreement of Sale Acknowledgment of Notices All parties acknowledge that Hooke Hooke & Eckman Realtors LLC provided opportunity for Client or Customer to review Notices on back of various pages of the Agreement of Sale. Client or Customer acknowledges Notices and has initialed each page. Client or Customer %l/ �. ! Aki1_0 . 'ate a D (3 Client or Customer �' i - Date ‘,s II 2o/ Brokerage 'Y--400 c. 7-ii-� Licensee's signatu -- % � WHO WE ARE Welubhi Housing Group LLC of Carlisle,Pennsylvania offers home renovations and general contracting services throughout Central Pennsylvania. • Welubhi's principal,Wesley D ICetner, is also a licensed salesperson affiliated with the acclaimed real estate brokerage of Hooke,Hooke&Eckman Realtors,LLC,with an office location in Carlisle Pennsylvania.Welubhi Housing Group LLC is an approved builder and contractor for the construction of new homes in the Lindenwood community,owned by Carlisle Developers,LLC and Yentzer&Yentzer Enterprises,d/b/a School Road Joint Venture. Services provided by Mr.Ketner through his firm,the Welhbbi Housing Group,LLC are not provided in connection to the services he provides as a salesperson affiliated with Hooke, Hooke&Eckman Realtors,LLC. While the owners and managers of Hooke,Hooke&Eckman Realtors,LLC and School Road Joint Venture appreciate the skill and craftsmanship possessed by Mr.Kerner,they do not control,direct,or supervise the work performed by Welubhi,nor do they receive any financial benefit from the services performed by Welubhi or Mr.Ketner in his capacity as an employee and principal of Welubhi. Hooke,Hooke&Eckman nor School Road Joint Venture is financially or legally responsible for Welubhi nor is it responsible for the construction,renovation and repair services undertaken by Mr.Ketner. I acknowledge receipt of this disclosure: Signature ' , DateIY1a2..20 I Signature Date .S/02/0/ • 1186016 1178229 • NON-REPRESENTATION ACKNOWLEDGEMENT NRA This form recommended and approved for,but not restricted to use by,the members of the Pennsylvania Association of Realtors®(PAR). THIS IS NOT A CONTRACT 1 BROKER(COMPANY) 06/LL OO/LE. -4- <_A-Z I P9ej 2 LICENSEE(S) Wg.g /<E7E4._ 3 Note:The term Noyer'ldso will be construed to mean lt'nant7hroughout this areement. 4 Buyer has read and received the Consumer Notice as adopted by the State Real Estate Com mission at 49 Pa.Code§35.336. 6 Does Buyer have a business relationshi with another broker? ❑Yes XNo 6 If yes,explain J uy /L !s 4EcE4 -E0 C3c./ .7-61-/A)oh/N A, MATE/41< 1 Sgv�l1 7 Buyer is not represented by a broker. Broker listed above is a Seller Agent, as described in the Consumer Notice, who works 8 exclusively for the seller and must act in t tier's best interest. ..9(ele BUYER / C QJ�/Y� DATE1 (,C 2 I o w 10 BUYER / � DATE 0.5' 2/240/3 • 11 BUYER DATE 12 BROKER(COMPANY) 7---pOI E Y e.//e -d- SC_1 r9-,1) 13 ACCEPTED ON BEHALF OF'BROKER BY � DATE Z- /3 IPennsylvania Association of REALTORS"' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS 02011 02/11 Form generated by:True Forms"from REVEAL(*)SYSTEMS,Inc.800-499-9612 EXHIBIT "B" • 26 8/14/2014 Wel lutnii-Carlisle,PA Commercial Building,Home and Building Renovation and Residential Home Builders LLUBiII COMMIBCUI. 143101117 M7. L,INOY1.71ON • available properties • realty This link will allow you to browse Hooke,Hooke&Eckman's home listings without leaving this site. • About Us • contact welubhi see our featured property, • Commercial • Residential • Renovation pack to Residential Projects Shook Hill " ./r1\ \ . I 1111 • _ T 1 \VELLBHI • '�+'t+;welukhj corm .4 ; ,04 fi 1HI l3 P Completed Exterior This project was completed in the summer of 2013. http://www.velubhi.comiresidential/Shook-Hill.php 1/14 EXHIBIT "C" 27 - - hryi rte y ..1 • WELUBHI HOUSING LLC. David W. Ketner 717-315-1262 WARRANTY The house on 17 Peyton Drive, Carlisle Pa 17015 is covered by a 1 year builder warranty from the below listed date. The house has been constructed, visually inspected by MDIA, and found to be in compliance with the Pa Construction Code as stated in the attached Use and Occupancy permit. Any issues that may arise, and found to be a warranty item shall be resolved by a manufacturer fix or replacement if involving equipment. Any other issues shall be resolved by having Welubhi contact the sub-contractor who initially performed the workmanship needing addressed for repair within a timely manner.. V Thank You, June 28, 2013 David W. Ketner (wes) EXHIBIT "D" 28 C "' Middle Department Inspection Agency Inc. I. ) 3901 Hartzdale Dr Ste 112 Camp Hill,PA 17011 moi" rIO Tel:717-761-5340 Fax:717-761-5589 Use and Occupancy Certificate The following building or structure has been visually inspected and found to be in compliance with the Pennsylvania Construction Code Law(1999,November 10,P.L.491,No.45) J Building/Structure-Address: 1,7 Peyton 13f,Cariisie- - - - 4IUI4lnicipalify: Dickinson Twp ~'ermit Ui'u fiber: 2012-12DT County: Cumberland ----- •--- - - Permit Holde(Name: Wetubhi LLC I; Permit Holder's lddrees: 1521 Hemlock Ave,carlisle ___.. Building Structure Nem N/A - Approved Occupancy Class: R3 , '- • Approved Construction Type: VB / / Construction Code.Edition: 2009IRC Automatic SpriniderSyaten);_NIA . ,. Special Stipulations/Conditio4:a+iiA , - ----- ~ Board Of Appeals Dertsioris: N/A ,,_ r. f ' • • Accessibility Variance bylL&I:N/A - , -- _ • - -- - : / Description-of Work Covered j • r,. - • Under Permit:riew single family dwelling -' - ....E - - This certificate of occupancy authorizes occupancy and use or the above named building or structure as long as it is maintained in accordance with the Pennsylvania Construction Code Act. Date of Final Inspection: 617/2013 Qt QiCeA VI\ V Building Code Official Paul Rampulla Jr. 00690 EXHIBIT "E" 29 a\ 00306F OsCVO F.-1FILFS‘CIiems112285 Carlisle Developer,L1.C112283.14 DI'17 Peyton D.\12285.14.DEFD Re‘ised.+vpd Parcel No. 08-11-0292-127 DEED 14ADE THE 1614 day of June,2013. BETWEEN CARLISLE DEVELOPERS, LLC, a Pennsylvania limited liability company, and YENTZER&YENTZER ENTERPRISES,a Pennsylvania general partnership,and WELUBHI HOUSING GROUP,LLC,a Pennsylvania limited liability company,all of Cumberland County, Pennsylvania hereinafter referred to as: Grantors, AND STUART A. SPERN AND TRACY A. SPERN, husband and wife, of Cumberland County.Pennsylvania,holding title as tenants by the entirety,hereinafter referred to as: Grantees, In consideration of SIX HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED THIRTY-FIVE AND 00/100 DOLLARS ($624,435.00), the receipt whereof is hereby acknowledged,the Grantors do hereby grant and convey to the Grantees,their heirs and assigns: ALL THAT CERTAIN tract of land with improvements thereon erected situate in the Township of Dickinson,County of Cumberland, Commonwealth of Pennsylvania, bounded and described according to Final Subdivision Plan for Lindenwood, prepared by Madden Engineering Service, Inc., dated October 29, 2008, revised through December 28,2008,and recorded at Instrument No.200923453;as follows, to wit: BEGINNING at an iron pin to be set on the right-of-way line of Peyton Drive(50' ROW)at the northwestern corner of Lot#20 on the above-referenced Plan;thence along Lot#20 the 2 following courses and distances: 1)South 88 degrees 56 minutes 00 seconds West 100.00 feet to an iron pin to be set; and 2) South 72 degrees 16 minutes 52 seconds West 356.75 feet to an iron pin to be set;thence along Lot#27, North 16 degrees 51 minutes 43 seconds West 215.09 feet to an iron pin to be set; thence along Lot#25 the following 2 courses and distances: 1)North 73 degrees 08 minutes 17 seconds East 117.72 feet to an iron pin to be set;and 2)North 21 degrees 00 minutes 33 seconds East 135.96 feet to an iron pin to be set;thence along Lot#22, South 88 degrees 41 minutes 46 seconds East 337.13 feet to an iron pin to be set; thence along the said Peyton Drive(50'ROW)the following 2 courses and distances 1) on a line curing to the right having a radius of 1025.00 feet,arc length of 42.41 feet and a chord bearing of South 00 degrees 07 minutes 07 seconds West 42.41 feet to an iron pin to be set; and 2)South 01 degree 04 minutes 00 seconds East 206.43 feet to an iron pin to be set,the point and place of BEGINNING. THE above-described lot of land is all of Lot#21 as shown on said Subdivision Plan for Lindenwood recorded as aforesaid, and contains an area of 2.95 acres,more or less. BEING a portion of the same premises which Manufacturers and Traders Trust Company,in its capacity as Executor of the Last Will and Testament of Miriam E. Hoover,deceased,by Deed dated September 26,2007,and recorded September 28, 2007, in Cumberland County, Pennsylvania, at Instrument Number 200737661, granted and conveyed unto Carlisle Developers, L.L.C., a Pennsylvania limited liability company; and Yentzer & Yentzer Enterprises, a Pennsylvania general partnership,Grantors herein. UNDER AND SUBJECT to Declaration of Protective Covenants, Reservations, Conditions and Building Restrictions Concerning Lindenwood recorded on June 16, 2010,in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania, at Instrument No. 201015906 and any amendments thereto. UNDER AND SUBJECT to restrictions,easements,set-backs,requirements,general notes,etc.,as referenced on the Final Subdivision Plan for Lindenwood. UNDER AND SUBJECT to a twenty (20) foot drainage easement located on the northeast corner of said property. UNDER AND SUBJECT to Plan Note No. 16 of the hereinbefore mentioned Final Subdivision Plan for Lindenwood which states: "Upon occupancy of any residence, owner shall provide and maintain a lamppost of between six(6)and eight(8)feet in height above the ground and locate said lamppost in the front yard of the lot within thirty-five(35) feet of the street right-of-way. Such lamppost shall be illuminated with at 60-150 watt light bulb(or combination of light bulbs whose total wattage is between 60 and 300 watts)each day between the hours of sunset and sunrise as those times are published by the National Oceanic and Atmospheric Administration for Carlisle,Pennsylvania. Electrical Service for said lamppost shall be provided via a direct (non-switchable) connection from the residential electrical service panel. Owner shall be responsible for obtaining all necessary permits for the installation of lamppost, maintain the lamppost in a rust-free condition, provide electricity to • lamppost,keep all lamppost glass clean and generally maintain the lamppost in good operating order. This Note shall be placed on all Deeds and shall constitute a restrictive covenant running with the land." UNDER AND'SUBJECT to Plan Note No. 17 of-the hereinbefore mentioned Final Subdivision Plan for Lindenwood which states: "The owners of Lots 16-18,25,& 27-29 are responsible for the maintenance of the portion of the 4 foot walking path within the boundaries of their respective lot. The walking path will be constructed at the time of the sale of the first lot or at the lime the other improvements are installed. This note shall be placed on all deeds and shall constitute a restrictive covenant running with the land. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions,restrictions,notations and agreements affecting the property,visible or of record. 1 SIGNED AND SEALED AND DELIVERED IN THE PRESENCE OF: CARLISLE DEVELOPERS, LLC, a Pennsylvania limitedliability company Matthew D.Madden,Member YENTZER& YENTZER ENTERPRISES, a Pennsylvania general partnership &,....?( ) By: _ Rodney Yentzer,General Partner ittBy; � 7�.. obert Yentzer,G ,,- alb: ner COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this, the 'DIALA day of Toile- , 20 )3 , before me, the undersigned officer,personally appeared Matthew D. Madden,who acknowledged himself to be a member of Carlisle Developers,L.L.C.,and that he as such member being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year aforesaid. op, 1,1464101,(a ,hgeiggly Notary Public CAMMONWEALTH OF PENNSYLVANIA Nota$at Seal Anjanette S.Appleby,Nary Public Carlisle Bora,Cumberland County MY(ot!L_mA .27,2014 Meth .;f'eflfl1NflrtLPO!+of Notaries - - - - mak` • COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this,the /0k% day of Tot c.„_ ,20 I 1 before me,the undersigned officer, personally appeared Rodney Yentzer,one of the general partners of Yentzer&Yentzer Enterprises, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. Ajpitia..,2_41446r Notary Public COMMr7rla;NtaP: 1c T OF PENNSYLVANIA l ory blic AnjaplebCaumandCotyv.,,' ei Aaz1 of Notaries COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this, the caio day of "Tt)hf... , 20 i3, before me, the undersigned officer, personally appeared Robert Yentzer, one of the general partners of Yentzer & Yentzer Enterprises,known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal the day and year aforesaid. Alp..4/Ifitte,.1--, df Notary Public i COMMON •L'TH OF PENNSYLVANIA f Notarial Seal {1f Anjanette S.Appleby,Notary clic Carlisle Boro,Cumberland County Pry Commission Expires A.•.27 2014 r Membrr•Pennctwania Asiodation of Notaries SIGNED AND SEALED AND DELIVERED IN THE PRESENCE OF: WELUBHI HOUSING GROUP,LLC,a Pennsylvania limited liability company David W. Ketner,Member By:YnKa.),Z Mona S. Ketner,Member • COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this,the D'] ' day of ,2013,before me,the undersigned officer, personally appeared David W. Ketner, who acknowledged himself to be a member of Welubhi Housing Group,LLC,and that he as such managing member being authorized to do so,executed-the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year aforesaid. ANoecyok Public clli 0� NNSYLVANIA oMMONWE Notarial Seal otary Pubitc Arijanette 5.APPiebyr d County CarliSle Bora,Cu�! 99.77,2014 My C0r"maanon of Notaries member,pLebb, YBR1ij COMMONWEALTH OF PENNSYLVANIA ) )SS COUNTY OF CUMBERLAND ) On this,the .d�171 day of j�j vi . ,,2013,before me,the undersigned officer, personally appeared Mona S. Ketner, who acknowledged herself to be a member of Welubhi Housing Group,LLC,and that she as such managing member being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF I 'hereunto set my hand and official seal the day and year aforesaid. AtOiA COMMONDimO} PENNSYLVANIA _, d I Seal � �Z d,41,- Notarla Notary Public Notary Public Anjanette S.Appleby, Carlisle Boro,Cumberland 27,014 My Commission Expires A •• member penrewlYi riiB vri `etlon of Notaries I hereby certify that the precise residence and complete post office address of the within Grantees-is ya /9oi.,5 ./e/- • Attorney for Gr MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE,PENNSYLVANIA 170.13 TELEPHONE 717-243-3341 FACSIMILE 717-243-1850 INTERNET www.martSonlaw:com •� � � � ,. =,max D �. �.� ._ _ . � .,�, , �.n....,. - -,_ - - - -- tea,,. - - - ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY ; ��3-��� w 1 COURTHOUSE SQUARE ti �eS'`iF - �'Wit. CARLISLE, PA 17013 �'"'° • tt, 717-240-6370 i ;e o ;. Instrument Number-201321329 Recorded On 6/27/2013 At 2:56:42 PM *Total Pages-8 *Instrument Type-DEED Invoice Number-140587 User ID-SW *Grantor-CARLISLE DEVELOPERS LLC *Grantee-SPERN,STUART A *Customer-DUNCAN *FEES STATE TRANSFER TAX $6,244.35 Certification Page STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES - $18.00 RECORDER OF DEEDS This page is now part PARCEL CERTIFICATION $15.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $3,122.18 DISTRICT DICKINSON TOWNSHIP $3,122.17 TOTAL PAID $12,562.20 I Certify this to be recorded in Cumberland County PA ;V CU1 4.\ - RECORDER 0 D DS `\ s r f *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111 IIIIII�308E 111III CERTIFICATE OF SERVICE I, Walter S. Zimolong, Esquire, certify that on the date indicated below I caused to be served a true and correct copy of plaintiffs' amended complaint to be served on counsel for defendants via regular mail as follows: Jeffrey Rettig, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, and Robert Yentzer and Rodney Yentzer) Michael O'Connor Esquire Two Penn Center Suite 1100 Philadelphia, PA 19102 (Attorneys for MDIA Inspections and Paul Rumpalla) David Baric, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 (Attorneys for Defendants, Welhubi Housing Group, LLC, David W. Ketner, and Mona Ketner) Date: October 9, 2014 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II STUART SPERN and TRACY SPERN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNA. Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR., Defendants NO. 14-4878 CIVIL ACTION — LAW, C3 PRELIMINARY OBJECTIONS OF DEFENDANTS CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER and RODNEY L. YENTZER TO PLAINTIFFS' FIRST AMENDED COMPLAINT rom ;0 AND NOW come the above -referenced Defendants, by their attorneys, Johnson, Duffie, Stewart & Weidner, pursuant to Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure, respectfully requesting this Honorable Court sustain these Preliminary Objections and, in the furtherance thereof, state as follows: 1. On August 15, 2014, the Plaintiffs filed a nine -Count Complaint with your Honorable Court. 2. On September 22, 2014, Moving Defendants served Preliminary Objections to each of the Complaint's Counts naming Moving Defendants. 3. On or about October 9, 2014, Plaintiffs served a First Amended Complaint. 4. Plaintiffs' action arises from the sale of a home to the Plaintiffs. 5. According to Plaintiffs' First Amended Complaint, Defendant Welubhi Housing Group, "oversaw all aspects of the construction of the Home" (Plaintiffs' Amended Complaint, paragraph 31). 6. According to Plaintiffs' Amended Complaint, Moving Defendants were owners of the real estate on which Welubhi constructed the "spec" home sold to the Plaintiffs. 7. Plaintiffs' Amended Complaint claims that there are various construction defects with the home that causes a number of problems for the Plaintiffs. I. Defendants' Preliminary Obiections to Count I of Plaintiffs' Complaint 8. Count I of Plaintiffs' Complaint purports to set forth a cause of action for "fraudulent inducement" against Carlisle Developers, Yentzer & Yentzer, Welubhi Housing Group and David Ketner. 9. In that Count, Plaintiff alleges that these Defendants made false representations that the house being sold was constructed in a good and workmanlike manner according to the PCCA, that these representations were false and request that the contract be rescinded. 10. Under Rule 1019(b) of the Pennsylvania Rules of Civil Procedure, allegations of fraud must be "pleaded with particularity". 11. Plaintiffs' Amended Complaint fails to plead with particularity any fraudulent conduct or statements on the part of Carlisle Developers and Yentzer & Yentzer. 12. Paragraph 90(0 of the Amended Complaint alleges that Defendant Ketner "made various other verbal representations to the Sperns" which are claimed to be fraudulent, but the representations themselves are not set forth. 13. Count 11 contains a footnote making various allegations. This method of pleading fails to conform to Rules of Court. 14. Moreover, Plaintiffs allege in paragraph 96 that they have no adequate remedy at law other than to rescind the agreement. 15. Plaintiffs set forth no factual basis to support that assertion and, in fact, have pursued adequate remedies of law to compensate them for the asserted deficiencies with their home. WHEREFORE, Moving Defendants request that Count I of Plaintiffs' Amended Complaint be dismissed without cost to them. II. Preliminary Objections to Breach of Contract Claim (Count II) 16. In Count II, Plaintiffs claim that Defendants, Carlisle Developers, Yentzer & Yentzer and Welubhi had a contractual duty to construct the home in a good and workmanlike manner and failed to do so, thereby breaching the Contract. 17. Attached as Exhibit A to Plaintiffs' Complaint is the contract consisting of the Standard Agreement for the Sale of Real Estate. 18. The sellers identified on that Contract are Defendant Carlisle Developer, LLC and Yentzer & Yentzer, Ent. 19. At paragraph 23 of that Agreement, it is required that Buyer and Seller submit all disputes or claims that arise from this Agreement to Mediation. That provision further requires that the Mediation process be concluded before any party to the dispute may initiate legal proceedings in any courtroom. WHEREFORE, Your Honorable Court is requested to order compliance with the terms of the Contract pled by Plaintiffs and dismiss Plaintiffs claims against Carlisle Developers and Yentzer & Yentzer for Plaintiffs' failure to abide by the Mediation provision of the Contract. III. Preliminary Obiections to Plaintiffs' Breach of Implied Warranty Claim (Count III) 20. Count 11 of Plaintiffs' Complaint alleges a breach of implied warranty against Defendants Carlisle Developers, Yentzer & Yentzer and Welubhi. 21. In that Count, it is alleged that these Defendants impliedly warranted that the home would be constructed in a good and workmanlike manner. 22. The implied warranty of habitability extends from the builder/vendor to the homeowner. 23. As alleged in paragraph 30 and 31 of Plaintiffs' Amended Complaint, Defendants Carlisle Developers and Yentzer & Yentzer were not builders of this home. Welubhi Housing was. WHEREFORE, Moving Defendants request that Count III of Plaintiffs' Amended Complaint be dismissed without cost to them. IV. Preliminary Objections to Breach of Express Warranty Claim (Count IV) 24. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi and David Ketner breached an express warranty. 25. Paragraphs 33-35 of the Amended Complaint sets forth the terms of the Express Warranty issued by Welubhi only as contained in Exhibit C of Plaintiffs' Complaint. 26. Exhibit C is a Warranty issued by Welubhi Housing, LLC, signed by David W. Ketner and dated June 28, 2013. 27. In Plaintiffs' Amended Complaint is it alleged that Defendants Carlisle Developers and Yentzer & Yentzer issued an Express Warranty to Plaintiffs "under the Agreement". 28. No where in the Agreement attached as Exhibit A to Plaintiffs' Complaint is there an express warranty that the home would be constructed according to the PCCA. WHEREFORE, Defendants Carlisle Developers and Yentzer & Yentzer requests that Count IV of Plaintiffs' Amended Complaint be dismissed without cost to them. V. Preliminary Objections to Claims Based on Unfair Trade Practices and Consumer Protection Law (Count V) 29. In this Count, Plaintiffs assert that Carlisle Developers, Yentzer & Yentzer, Welubhi Housing and David Ketner violated the Unfair Trade Practices and Consumer Protection Law. 30. In this Count, Plaintiffs attempt to transform this run-of-the-mill construction defect case into one for consumer fraud under the UTPCPL, a punitive statute that allows for civil penalties and the recovery of treble damages and attorney fees against the Defendant found to have engaged in "fraudulent or deceptive conduct". 73 Pa.C.S.A. §§201-1; 201-8; and 201-9.2. 31. The facts of this case cannot support a UTPCPL claim against Moving Defendants because that Act does not allow Plaintiffs to transform an alleged mistake in construction into a fraud. 32. Any claim under the UTPCPL must meet certain basic criteria; (1) fraudulent or deceptive conduct; (2) justifiable reliance; and (3) causation. See, Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 438 (Pa. 2004). 33. In their Complaint, Plaintiffs simply allege that promises were made by the Defendants that the home would be constructed in a good and workmanlike manner and in accordance with the PCCA and then allege that the home was not so constructed. 34. These allegations are insufficient to establish the element of "fraudulent or deceptive conduct", which requires the Plaintiff to show that a given Defendant engaged in "intentional misleading by falsehood spoken or acted." Johnson v Met Life Bank, 883 F.Supp 2d. 542, 548 (EDPA 2012). WHEREFORE, Moving Defendants request that Count V of Plaintiffs' Amended Complaint be dismissed as to them. VI. Preliminary Objections to Plaintiffs' Claim for Negligent Misrepresentation (Count VI) 35. In Count VI of Plaintiffs' Amended Complaint, they allege that the Defendants, Carlisle Developers, Yentzer & Yentzer, Welubhi Housing and David Ketner engaged in negligent misrepresentation through the Sales Agreement, the Express Warranty, "and other verbal representations". See paragraph 124. 36. Plaintiffs have failed to identify any "verbal representations" that represent negligent misrepresentations on the part of Moving Defendants. 37. Moreover, Count VI appears to represent a request to recover in tort economic losses related to property damage allegedly caused by construction defects. There is no allegation of physical injury or damage to property other than Plaintiffs' home. 38. Under Pennsylvania law, the Economic Loss Doctrine precludes tort recovery of purely economic losses "where there is no physical injury and the only damages are to the product itself. Repaskv v Geld -Wen, Inc., 81 Pa.D&C 4th, 495, 498 (Pa.Ct. Comm. PI. 2006)". 39. This doctrine applies to, among other things, claims of negligence and negligent misrepresentation. Repasky, 81 Pa.D&C 2d at 498-503 (Applying Economic Loss Doctrine to bar negligence claims; Excavation Text, Inc. v Columbia Gas Co Pa, 936 A.2d 111, 114-115 (Pa.Super. 2007) (holding the Economic Loss Doctrine applies to common law negligent misrepresentation claims). 40. In the context of residential construction, the completed house is deemed to be the "product" such that the Economic Loss Doctrine bars tort claims seeking to recover for damage to the house itself. Repaskv, 81 Pa.D&C 4th at 501 ("when the component of a structure is alleged to be defective, it is not considered "other property", and the Economic Loss Doctrine will bar the plaintiff from recovering under a theory in tort".) 41. In Count VI, Plaintiffs seek to recover purely economic losses related to alleged property damage to their house itself. Therefore, this Count is barred by the Economic Loss Doctrine. 42. In addition to the Preliminary Objections set forth above, Plaintiffs' claims in Count VI are also legally insufficient. 43. The elements of a Negligent Misrepresentation Claim are: (1) a misrepresentation of a material fact; (2) made under circumstances in which the misrepresentor ought to have known its falsities; (3) with an intent to induce another to act on it; and (4) which results in injury to a party acting in justifiable reliance on the misrepresentation. Milliken v Jacono, 68 3d. 133, 141 (Pa.Super. 2012). 44. Here, Plaintiffs aver that there is no allegation alleged by Plaintiffs of any facts to suggest that the Moving Defendants "ought to have known" of their statement's alleged falsity at the time they were allegedly made. 45. Plaintiffs seek punitive damages in Count VI but set forth no factual or legal basis for the award of punitive damages. 46. In addition, Plaintiffs' allegation regarding "other verbal representations" is vague and should be clarified to indicate exactly what the "other verbal representations" were and who made them. WHEREFORE, Moving Defendants request that this Honorable Court dismiss Count VI of Plaintiffs' Complaint or, in the alternative, order Plaintiffs to file a more specific pleading with respect to the allegation of "other verbal representations". VII. Preliminary Objections to Plaintiffs' Claim to Pierce the Corporate Veil Regarding Matthew Madden (Count VIII) 47. In Count VIII of Plaintiffs' Complaint, Plaintiff makes conclusory allegations regarding Mr. Madden and Carlisle Developers and seeks to pierce the corporate veil with respect to Mr. Madden. 48. It appears that Plaintiffs are seeking to invoke two different "veil piercing" theories to overcome Mr. Madden's corporate liability protections. Specifically, Plaintiffs baldly assert that Mr. Madden and Carlisle Developers were "alter egos" in that they essentially operated as a single unitary enterprise by co -mingling assets and funds. 49. "[T] here is a strong presumption in Pennsylvania against piercing the corporate veil." Lumaxindus, Inc. v Aultman, 669 A.2d 893, 895 (Pa. 1995). In this case, none of the Plaintiffs purport exceptions to this general rule applies to the facts as pleaded in the Amended Complaint. 50. As to the "alter ego" theory, it applies only where two corporate entities share a parent -subsidiary relationship. See Miners, Inc. v Alpine Equip. Corp., 722 A.2d. 691, 695 (Pa.Super. 1998). In this case, there is no allegation that Mr. Madden and Carlisle Developers share a parent -subsidiary relationship. Accordingly, the alter ego theory does not apply. 51. As to the "single entity" theory, this theory has yet to be adopted by the Courts in Pennsylvania to apply in situations where two corporations are not directly related but share common ownership. See Miners, 722 A.2d. at 695 ("[the single entity] theory, however, has yet to be adopted in Pennsylvania." 52. In addition to the foregoing, Count VIII of Plaintiffs' Complaint contains conclusory allegations rather than any factual allegations. 53. Among the allegations in Count VIII that are not supported by any facts are that Carlisle Developers was formed to shield Madden from liability, that Madden used Carlisle Developers to perpetrate fraud, that Carlisle Developers was under capitalized, lacked sufficient assets and failed to keep corporate records, that it is merely a facade and that Carlisle Developers and Madden comingled assets. 54. There are no facts to support any of these allegations in Plaintiffs' Complaint. 55. Count VIII of the Amended Complaint seeks treble damages and attorney fees, although no basis for the recovery of those damages are pled. WHEREFORE, Your Honorable Court is respectfully requested to dismiss Count VIII, or in the alternative, compel Plaintiffs to file an Amended Complaint setting forth factual background for the conclusory allegations. VIII. Demurrer of Defendants Robert D. Mentzer and Rodney L. Mentzer 56. Plaintiffs' Complaint identifies as separate Defendants Robert D. Yentzer and Rodney L. Yentzer. 57. None of the nine enumerated Counts of Plaintiffs' Amended Complaint name Robert D. Yentzer or Rodney L. Yentzer as Defendants. 58. This issue was raised in Moving Defendant's Preliminary Objections to Plaintiffs' original Complaint. 59. Plaintiffs' attempt to rectify this is by adding a footnote that references to Yentzer & Yentzer including Robert Yentzer and Rodney Yentzer. 60. This is an improper pleading as Robert and Rodney Yentzer are sued as individuals whereas Yentzer and Yentzer is sued as a fictitious entity. WHEREFORE, Your Honorable Court is respectfully requested to dismiss Robert and Rodney Yentzer as Defendants in this case. IX. Preliminary Objection regarding Verification 61. Plaintiffs' Amended Complaint contains copies of the Verifications attached to Plaintiffs' original Complaint. 62. There is no reference in the alleged Verifications that the new factual averments in the Amended Complaint were reviewed by the Plaintiffs. WHEREFORE, The Court is requested to strike Plaintiffs' Verifications. WHEREFORE, Defendants respectfully request that the Court grant their Preliminary Objections and dismiss them from this case. Respectfully submitted, JO • • , DU, IE, : WART & WEIDNER rey B. Rettig, Ere D No. 19616 301 Market Stree , P 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II :659846 AND NOW, this CERTIFICATE OF SERVICE day of October, 2014, the undersigned does hereby certify that he did this date serve a copy of the foregoing Preliminary Objections to Plaintiffs' Amended Complaint upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire Zimolong, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Attorneys for Plaintiffs David A. Baric, Esquire Baric Scherer LLC 19 West South Street Carlisle, PA 17013 Personal Attorneys for Defendants Welubhi Housing Group, LLC, David W. Ketner And Mona S. Ketner R. James Reynolds, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendants Welubhi Housing Group, LLC, David W. Ketner and Mona S. Ketner Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, SUlte 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants Middle District Inspection Agency and Paul Rampulla, Jr. SON, DUFFIE TEWART & WEIDNER Rettig R. James Reynolds, Jr., Esquire Attorney I.D. No. 10252 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 (717) 760-7505 phone (717) 975-8124 fax Reynolds(a)margolisedelstein.com 2011i OCT 31 Af110:16 CUMBERLAND ENNS �J COUNTY MANIA Attorney for Defendants Welubhi Housing Group, LLC David W. Ketner and Mona Ketner STUART SPERN and TRACY SPERN, Plaintiffs v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 14-4878 CIVIL TERM CIVIL ACTION -LAW CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY, : and PAUL RAMPULLA, JR., Defendants PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel of record for Defendants Welubhi Housing Group, Inc., David W. Ketner and Mona Ketner in the above -captioned matter. Date: /6/7V741 David A. Buie, Esquire PA Attorney I.D. No. 44853 BARIC SCHERER, LLC 19 West South Street Carlisle, PA 17013 Please enter the appearance of the undersigned as counsel of record for Defendants Welubhi Housing Group, Inc., David W. Ketner and Mona Ketner in the above -captioned matter. Date: )0/99/g R. James Reynolds, Jr.,1 sq ire PA Attorney I.D. No. 10252 r4 A RGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Phone: (717) 760-7505 Fax: (717) 975-8124 Email: jreynolds(4margolisedelstein.com CERTIFICATE OF SERVICE //� I, the undersigned, do hereby certify that I have this tom" i day of (�/eg(�=�J1 2014, served a true and correct copy of the foregoing Praecipe for Withdrawal and Entry of Appearance upon the persons and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Walter S. Zimolong, Esquire ZIMOLONG, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (Attorney for Plaintiff) Jeffrey B. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorney for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer, and Rodney L. Yentzer, II) Michael P. O'Connor, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 Philadelphia, PA 19102 (Attorney for Defendants Middle Department Inspection Agency and Paul Rampulla, Jr.) By: MARGOLIS EDELSTE Michele A. Koharcheck, Legal Secretary R. JAMES REYNOLDS, JR., ESQUIRE PA Attorney I.D. No. 10252 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: Direct Dial: Facsimile: E -Mail: (717) 975-8114 (717) 760-7505 (717) 975-8124 jreynolds@margolisedelstein.com FILL D -OF FIC;^ OF THE PROTHONOTARY 2014 CBCT 31 AM 10: 15 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendants Welubhi Housing Group, LLC., David W. Ketner, and Mona Ketner STUART SPERN and TRACY SPERN Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 14-4878 CIVIL ACTION -LAW PRELIMINARY OBJECTIONS OF DEFENDANTS WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER AND MONA KETNER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND NOW, come Defendants Welubhi Housing Group, LLC. ("Welubhi"), David W. Ketner ("Wes Ketner"), and Mona Ketner (at times collectively referred to as "Moving Defendants"), and pursuant to Pa. R.C.P. 1028 file these Preliminary Objections to the First Amended Complaint of Plaintiffs Stuart Spern and Tracy Spern ("Plaintiffs"): 1. This action was commenced by a Complaint filed by Plaintiffs against Defendants on August 15, 2014. 2. The Complaint consists of nine counts, as follows: (1) Count I - Fraudulent Inducement against Carlisle Developers, LLC ("Carlisle Developers"), Yentzer & Yentzer Enterprises ("Yentzer & Yentzer "), Welubhi, and Wes Ketner; (2) Count II - Breach of Contract against Carlisle Developers, Yentzer & Yentzer and Welubhi; (3) Count III - Breach of Implied Warranty against Carlisle Developers, Yentzer & Yentzer , and Welubhi; (4) Count IV - Breach of Express Warranty against Carlisle Developers, Yentzer & Yentzer , Welubhi and Wes Ketner; (5) Violation of the Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A § 201-1 et seq. ("UTPCPL") against Carlisle Developers, Yentzer & Yentzer , Welubhi and Wes Ketner; (6) Negligent Misrepresentation against Carlisle Developers, Yentzer & Yentzer , Welubhi and Wes Ketner; (7) Count VII - Negligence against Middle Department Inspection Agency, Inc. ("MDIA") and Paul Rampulla, Jr. ("Rampulla"); (8) Count VIII - Action to Pierce Corporate Veil against Matthew Madden ("Madden"); and (9) Count IX - Action to Pierce to Corporate Veil against Wes Ketner and Mona Ketner, 3. On September 23, 2014, Carlisle Developers, Madden, Yentzer & Yentzer, Robert D. Yentzer and Rodney L. Yentzer filed Preliminary Objections to Plaintiffs' Complaint. 4. On September 26, 2014, Moving Defendants filed Preliminary Objections to Plaintiffs' Complaint. 5. Thereafter, Plaintiffs filed a First Amended Complaint, consisting of the same nine Counts against the same parties as the original Complaint. 6. The First Amended Complaint does not meet the Preliminary Objections to the Complaint. Accordingly, Moving Defendants assert the following Preliminary Objections to the First Amended Complaint. 2 I. PRELIMINARY OBJECTIONS TO COUNT I (FRAUDULENT INDUCEMENT) 7. In Count I of the First Amended Complaint, Plaintiffs assert a claim for fraudulent inducement against Carlisle Developers, Yentzer & Yentzer, Welubhi, and Wes Ketner. 9. In paragraph 89 of Count I, Plaintiffs allege that these four Defendants falsely represented to Plaintiffs that the home being sold to them was constructed in a good and workmanlike manner and according to the Pennsylvania Construction Code Act, 35 P.S. §7210.101 et seq. ("the PCCA"). 10. Pa. R.C.P. 1019 (b) requires averments of fraud to be averred with particularity. 11. Plaintiffs have failed to aver with particularity any fraudulent conduct on the part of Welubhi and Ketner. 12. In paragraph 90 (f) of Count I, Plaintiffs allege that Wes Ketner, acting on his own behalf and as agent for Welubhi, Carlisle Developers, and Yentzer & Yentzer "made various other verbal representations to the Sperns [Plaintiffs] concerning the construction of the Home and its compliance with the PCCA." However, those alleged verbal representations are not set forth and to the extent Plaintiffs are alleging that they were fraudulent, they are not set forth with particularity in violation of Rule 1019 (b). 13. Plaintiffs have failed to state a claim for fraudulent inducement for which relief can be granted. WHEREFORE, Moving Defendants request that the Court dismiss Count I of the First Amended Complaint for failure to conform to rule of court pursuant to Pa. R.C.P. 1028 (a) (2) and for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4), or in the alternative, that it require Plaintiffs to file a more specific pleading pursuant to Pa. R.C.P. 1028 (a) (3). 3 II. PRELIMINARY OBJECTIONS TO COUNT II (BREACH OF CONTRACT) 14. In Count II of the First Amended Complaint, Plaintiffs assert a claim for breach of contract against Carlisle Developers, Yentzer & Yentzer and Welubhi. 15. The contract which Plaintiffs claim has been breached is the Standard Agreement for the Sale of Real Estate ("Contract"), a copy of which is attached as Exhibit A to the First Amended Complaint. 16. Plaintiffs are identified as the "Buyers" and Carlisle Developers and Yentzer & Yentzer are identified as the "Sellers" on the Contract. 17. Welubhi is not a party to the Contract. 18. Accordingly, Plaintiffs have failed to state a claim for which relief can be granted against Welubhi for breach of contract. WHEREFORE, Moving Defendants request that the Court dismiss Count II of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4). III. PRELIMINARY OBJECTIONS TO COUNT III (BREACH OF IMPLIED WARRANTY) 19. In Count III, Plaintiffs assert a claim for breach of implied warranty against Carlisle Developers, Yentzer & Yentzer, and Welubhi. 20. Plaintiffs allege that these Defendants impliedly warranted that the home would be constructed in a good and workmanlike manner; i.e. the implied warranty of habitability, and that they breached this implied warranty. 21. The implied warranty of habitability for new homes requires contractual privity between the parties. 4 22. There is no contractual privity between Plaintiffs and Welubhi. 23. By reason of the foregoing, Plaintiffs have failed to state a claim for breach of the implied warranty of habitability against Welubhi. WHEREFORE, Moving Defendants request that the Court dismiss Count III of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4). IV. PRELIMINARY OBJECTIONS TO COUNT IV (BREACH OF EXPRESS WARRANTY) 24. In Count IV of the First Amended Complaint, Plaintiffs assert a claim for breach of express warranty against Carlisle Developers, Yentzer & Yentzer, Welubhi and Wes Ketner. 25. Plaintiffs' claim is based upon the "Warranty" document, a copy of which is attached as Exhibit C to the First Amended Complaint. 26. Although Plaintiffs' have identified Wes Ketner as a party against whom they are asserting a claim for breach of express warranty, no claim is asserted against him in the ad damnum clause of Count IV. 27. To the extent an express warranty was given to Plaintiffs, it was not given by Wes Ketner in his individual capacity. 28. By reason of the foregoing, Plaintiffs have failed to state a claim against Wes Ketner for which relief can be granted. WHEREFORE, Moving Defendants request that Count IV of the First Amended Complaint be dismissed as to Defendant Wes Ketner for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4). V. PRELIMINARY OBJECTIONS TO COUNT V (UTPCPL) 29. In Count V of the First Amended Complaint, Plaintiffs assert a claim against Carlisle 5 Developers, Yentzer & Yentzer, Welubhi and Wes Ketner for violation of the UTPCPL. 30. In order to recover under the UTPCPL, a claimant must have suffered an ascertainable loss as a result of a practice declared unlawful under section 3 the UTPCPL, 73 P.S. §201-3. 31. Section 3 of the UTPCPL provides that "unfair methods of competition and unfair deceptive acts or practices in the conduct of any trade or commerce is defined by subclauses (i) through (xxi) of clause (4) section 2 of the act [73 P.S. §201-2]... are hereby declared unlawful." Plaintiffs have not alleged in the First Amended Complaint that Welubhi and/or Wes Ketner committed an act declared unlawful under section 3 of the UTPCPL. 32. Plaintiffs attempt to transform this alleged construction defect case into one for consumer fraud under the UTPCPL, a punitive statute that allows for civil penalties and the recovery of treble damages and attorney's fees against a defendant who is found to have engaged in fraudulent or deceptive conduct. 33. The facts of this case do not support a claim under the UTPCPL against Moving Defendants because the UTPCPL does not permit Plaintiff to transform an alleged mistake in construction into a fraud. 34. A claim under the UTPCPL must meet the following basic criteria: (1) fraudulent or deceptive conduct; (2) justifiable reliance; and (3) causation. See Yocca v. Pittsburgh Steelers Sports, Inc., 578 Pa. 479, 501, 854 A.2d 425, 438 (2004). 35. In the First Amended Complaint, Plaintiffs simply allege that promises were made by the Defendants that the home would be constructed in a good and workmanlike manner and in accordance with the PCCA, and they then allege that the home was not constructed in that manner. 36. These allegations are insufficient to establish the element of fraudulent or deceptive 6 conduct, which requires a showing that a defendant has engaged in "intentional misleading by falsehood spoken or acted." Johnson v. Met Life Bank, 883 F. Supp. 2d 542, 548 (E.D. Pa. 2012). WHEREFORE, Moving Defendants request that Court dismiss Count V of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4). VI. PRELIMINARY OBJECTIONS TO COUNT VI (NEGLIGENT MISREPRESENTATION) 37. In Count VI of the First Amended Complaint, Plaintiffs assert a claim for negligent misrepresentation against Carlisle Developers, Yentzer & Yentzer, Welubhi, and Wes Ketner. 38. Plaintiffs allege in paragraph 124 of Count VI that "through the Agreement, the Express Warranty and other verbal representations" (emphasis added), these Defendants made false representations to Plaintiffs. 39. Plaintiffs have failed to identify any "verbal representations" that constitute negligent misrepresentations on the part of Moving Defendants. 40. Also, Count VI appears to be a request to recover in tort economic losses related to property damage allegedly caused by construction defects. There is no allegation of physical injury or damage to property other than to Plaintiffs' home. 41. Under Pennsylvania law, the Economic Loss Doctrine precludes tort recovery of purely economic losses where there is no physical injury and the only damages are to the product itself. 42. The Economic Loss Doctrine applies to claims of negligence and negligent misrepresentation. 43. In the context of residential construction, the completed home is deemed to be the 7 "product" such that the Economic Loss Doctrine bars a tort claim seeking to recover for damage to the home itself. 44. In Count VI, Plaintiffs seek to recover purely economic losses related to alleged property damage to their home itself. Therefore, Count VI is barred by the Economic Loss Doctrine. 45. Plaintiffs' claims for negligent misrepresentation in Count VI are also legally insufficient. 46. The elements of a negligent misrepresentation claim are: (1) misrepresentation of a material fact; (2) made under circumstances in which the misrepresentor ought to have known its falsity; (3) with an intent to induce another to act on it; and (4) which results in injury to a party acting in justifiable reliance on the misrepresentation. Milliken v. Jacono, 68 A.3d 133, 141 (Pa. Super. 2012). 47. In Count VI, Plaintiffs allege no facts in support of their conclusory allegation that Moving Defendants "ought to have known" of the alleged falsity of their statements at the time they were allegedly made. 48. Further, Plaintiffs' allegation regarding "other verbal representations" is vague in that it does not describe the verbal representations nor does it identify who made them. WHEREFORE, Moving Defendants request that the Court dismiss Count VI of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4) or, in the alternative, that it order Plaintiffs to file a more specific pleading with respect to the allegation of "other verbal representations" pursuant to Pa. R.C.P. 1028 (a) (3). VII. PRELIMINARY OBJECTIONS TO COUNT IX (ACTION TO PIERCE THE CORPORATE VEIL) 8 49. In Count IX of Plaintiffs' First Amended Complaint, Plaintiffs assert an action to pierce the corporate veil against Wes Ketner and Mona Ketner. 50. Plaintiffs make conclusory allegations regarding Wes Ketner and Mona Ketner and seek to pierce Welubhi's corporate veil with respect to them. 51. There is a strong presumption in Pennsylvania against piercing the corporate veil. Lumax Industries, Inc. V. Aultman, 543 Pa. 38, 41, 669 A.2d 893, 895 (1995). The corporate veil may only be pierced where "specific, unusual, circumstances call for an exception." Id., 543 Pa. at 42, 669 A.2d at 895. 52. It appears that Plaintiffs are seeking to invoke two different "veil piercing" theories to overcome the corporate liability protections afforded to Wes Ketner Mona Ketner. Specifically, Plaintiffs assert, without any supporting allegations, that Welubhi is an "alter ego" of the Ketners and that they allegedly operated as a "single entity" by commingling assets and funds. 53. With respect to the "alter ego" theory, Plaintiffs have not alleged "facts" which would bring the alleged actions of Wes Ketner and Mona Ketner within the parameters of a cause of action based on a theory of piercing the corporate veil under this theory. Lumax Industries, supra, 543 Pa. at 42, 669 A.2d at 895. Accordingly, the alter ego theory does not apply. 54. With respect to the "single entity" theory, it has not been adopted by courts in Pennsylvania. Miners, Inc. v. Alpine Equipment Corp., 722 A.2d 691, 695 (Pa. Super. 1998). In any event, Plaintiffs have not alleged facts that would justify piercing the corporate veil based upon the single entity theory. 55. Further, Count IX contains conclusory legal allegations as opposed to factual allegations. 9 56. Among the allegations in Count IX that are not supported by any alleged facts are that Welubhi was formed to shield the Ketners from liability, that the Ketners used Welubhi to perpetrate fraud, and that Welubhi was undercapitalized, lacked sufficient assets, failed to keep corporate records, is merely a facade, and commingled assets. 57. In the ad damnum clause of Count IX, Plaintiffs seek treble damages and attorney's fees although they plead no basis for the recovery of same. Therefore, these claims should be dismissed. 58. By reason of the foregoing, Plaintiffs have failed to state a claim upon which relief can be granted in Count IX. WHEREFORE, Moving Defendants request that the Court dismiss Count IX of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (4), including the claim for treble damages and attorney's fees or, in the alternative, that it compel Plaintiffs to file a more specific pleading pursuant to Pa. R.C.P. 1028 (a) (3). VIII. PRELIMINARY OBJECTIONS TO SCANDALOUS OR IMPERTINENT MATTER 59. Paragraphs 13-16 of the First Amended Complaint allege, "upon information and belief' that Wes Ketner and Mona Ketner controlled and documented the affairs of Welubhi (¶ 13); Welubhi is undercapitalized, does not keep corporate records, and is a facade for Wes Ketner and Mona Ketner to shield them from liability (¶ 14); there has been a substantial commingled of assets and corporate funds by and between Welubhi and Wes Ketner and Mona Ketner (¶ 15); and Weluhbi is an alter ego of Wes Ketner and Mona Ketner (¶ 16). 60. Similar allegations are made in paragraphs 148-149 and 151-154 of the First Amended Complaint. Additionally, Plaintiffs allege in paragraph 150 that Wes Ketner used Welubhi 10 to perpetrate a fraud and in paragraph 155 that Wes Ketner commingled personal assets with Welubhi. 61. The foregoing allegations are not supported by any alleged facts. 62. The foregoing allegations bear cruelty on the moral character of Wes Ketner and Mona Ketner and are unbecoming to the dignity of the Court. 63. The foregoing allegations are scandalous or impertinent and should be stricken pursuant to Pa. R.C.P. 1028 (a) (2). WHEREFORE, Moving Defendants request that the Court strike paragraphs 13-16 and 148- 155 of the First Amended Complaint pursuant to Pa. R.C.P. 1028 (a) (2) on the ground that they are scandalous or impertinent. IX. PRELIMINARY OBJECTIONS TO CLAIM FOR ATTORNEY'S FEES 64. In the ad damnum clause of Count IX of the First Amended Complaint, Plaintiffs assert a claim for attorney's fees. 65. Under Pennsylvania law, attorney's fees are recoverable only when expressly allowed by statute, by clear agreement between the parties, or by some other established exception. Chatham Communications, Inv. V. General Press Corp., 463 Pa. 292, 300, 344 A.2d 837, 842 (1975). 66. Plaintiffs do not allege any basis for their claim for attorney's fees. 67. Plaintiffs have not alleged any statutory basis, the existence of an agreement between the parties or other established exception that would enable them to recover attorney's fees. Therefore, their claim should be dismissed. WHEREFORE, Moving Defendants request that the Court dismiss Plaintiffs' claim for attorney's fees in Count IX of the First Amended Complaint for legal insufficiency pursuant to Pa. 11 R.C.P. 1028 (a) (4). X. PRELIMINARY OBJECTIONS TO CLAIM FOR PUNITIVE DAMAGES 68. In the ad damnum clause of Count VI of the First Amended Complaint, Plaintiffs assert a claim for punitive damages. 69. Plaintiffs allege no factual or legal basis in support of their claim for punitive damage. 70. Therefore, Plaintiffs' claim for punitive damages should be dismissed. WHEREFORE, Moving Defendants request that the Court dismiss Plaintiffs' claim for punitive damages in Count VI of the First Amended Complaint for legal insufficiency pursuant to Pa. R.C.P. 1028 (a) (2). Date: 12 R!J' S REYNOI R. PA Attorney I.D. No. 10252 Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 717-760-7505 Attorney for Defendants Welubhi Housing Group, LLC, David W. Ketner and Mona Ketner CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this `%� day of 6 ek64._ 2014, served a true and correct copy of the foregoing Preliminary Objections of Defendants Welubhi Housing Group, LLC, David W. Ketner and Mona Ketner to Plaintiffs' First Amended Complaint upon the persons and in the manner indicated below: Service by First Class Mail, Postage Prepaid, Addressed as Follows: Walter S. Zimolong, Esquire ZIMOLONG, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (Attorney for Plaintiff) Jeffrey B. Rettig, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorney for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer, and Rodney L. Yentzer, II) Michael P. O'Connor, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 Philadelphia, PA 19102 (Attorney for Defendants Middle Department Inspection Agency and Paul Rampulla, Jr.) By: 13 MARGOLIS EDELSTEIN Michele A. Koharcheck, Legal Secretary O'CONNOR KIMBALL LLP By: Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 STUART SPERN AND TRACY SPERN Plaintiffs v. Carlisle Developers, LLC Matthew Madden Yentzer & Yentzer Enterprises Robert D. Yentzer Rodney L. Yentzer, II Welubhi Housing Group, LLC David W. Ketner, Mona Ketner Middle Department Inspection Agency And Paul Rampulla, Jr. Defendants Attorneys for Defendants, Middle Department Inspection Agency and Paul Rampulla, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 14-4878 Cri DEFENDANTS MIDDLE DEPARTMENT INSPECTION AGENCY AND PAUL RAMPULLA, JR.'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants, Middle Department Inspection Agency and Paul Rampulla, Jr. (hereinafter collectively referred to as "Objecting Defendants") by and through their attorneys, O'Connor Kimball LLP, file their Preliminary Objections to Plaintiffs' Complaint as follows: BACKGROUND FACTS 1. On or about August 15, 2014, Plaintiffs filed a Complaint. 2. On October 9, 2014, Plaintiffs filed a First Amended Complaint. A true and correct copy is attached as Exhibit 1. 3. Plaintiffs' Complaint contains various causes of action against all of the defendants in connection with alleged defects on a home constructed and sold by co-defendants. 4. Plaintiffs allege that Objecting Defendants conducted a building code inspection of the subject property on behalf of Dickinson Township. (Exhibit 1, ¶51). 5. Plaintiffs further allege that the information contained in the Use and Occupancy Certificate was false. (Exhibit 1, ¶55). 6. However, Plaintiffs do not specify exactly what information was false, or identify with what code the home did not comply. 5. As to Objecting Defendants, Plaintiffs' claims include one count of Negligence. (Exhibit 1, ¶130-134). 6. Plaintiffs allege that Objecting Defendants breached a duty of care in failing to detect various defects in the home and certifying the home as being in compliance with Pennsylvania code. (Exhibit 1, ¶132). 7. Plaintiffs fail to identify what defects the Objecting Defendants failed to detect, or with what codes the house failed to comply. 8. In addition to claiming compensatory damages, Plaintiffs also claim punitive damages against Objecting Defendants in the "Wherefore" clause of Count VII, Negligence. 9. Plaintiffs' claim for punitive damages against Objecting Defendants is insufficient because Plaintiffs fail to allege any facts that support such damages on a negligence based cause of action. 10. For these reasons, Plaintiffs' First Amended Complaint, Count VII should be dismissed as to Objecting Defendants. 11. Alternatively, Plaintiffs' claim for punitive damages in Count VII should be stricken from the First Amended Complaint. II. PRELIMINARY OBJECTIONS PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE 1028(A)2 AND (A)(3) 12. Objecting Defendants hereby incorporate by reference the averments contained in the foregoing paragraphs as though the same were set forth at length herein. 13. Pennsylvania Rule of Civil Procedure 1028(a) provides, in pertinent part, as follows: (a) Preliminary Objections may be filed by any party to a pleading and are limited to specific grounds, including: (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (3) insufficient specificity of a pleading; Pa. R.C.P. 1028(a)(2) and (a)(3). 14. Pennsylvania courts have often and consistently noted that our jurisdiction is a fact pleading jurisdiction in which a plaintiff "must set forth concisely the facts upon which a cause of action is based." Cianfrani v. Commonwealth, State Employees' Retirement Bd., 505 Pa. 294, 479 A.2d 468, 473 n.3 (1984) (citing Line Lexington Lumber & Millwork Co. v. Pennsylvania Publishing Corp., 451 Pa. 154, 301 A.2d 684, 688 (1973), and Pa. R.C.P. 1019(a)). 15. The Commonwealth is a fact pleading state and a party is required to set forth all material facts on which a cause of action or defense is based in a concise and summary form. See Pa. R.C. P 1019(a); Yacoub v. Lehigh Medical Associates, 805 A.2d 579 (Pa. Super. 2002). 16. The pleader must define the issue; every act or performance to that end must be set forth in the Complaint. Miketic v. Brown, 450 Pa. Super. 91,104, 675 A.2d 324, 330 (1996). 17. The allegations as to Objecting Defendants fail to conform to Pennsylvania's rules of law, including Rule 1019(a) regarding fact pleading. 18. Plaintiffs' Complaint does not contain facts sufficient to support a claim for damages, including punitive damages against Objecting Defendants. 19. Paragraph 55 of Plaintiffs' First Amended Complaint merely states that the "information contained in the Use and Occupancy permit is false" without specifically identifying anything in the permit that is allegedly false. 20. Paragraph 56 further states that Objecting Defendants knew or should have known that the information in the permit was false, without any facts to support what knowledge Objecting Defendants had or how they came to such knowledge. 21. Paragraph 132 merely states that Objecting Defendants failed to detect defects in the home, but Plaintiffs failed to allege what defects Objecting Defendants failed to detect, or how those defects allegedly violated any specific code provision. 22. Further, to support a claim for punitive damages, a plaintiff must allege facts demonstrating that the defendants' conduct was outrageous, an evil motive or his reckless indifference to the rights of others. Martin v. Johns -Manville, Corporation, 508 Pa. 154, 494 A.2d 1088, 1096 (1985). 23. Reckless indifference to the interest of others means that "actor has intentionally done an act of unreasonable character in disregard of a risk known to him or so obvious that he must be taken to have been aware of it, and so great to make it highly probable that harm would follow." Evans v. Philadelphia Transportation Company, 418 Pa. 567, 212 A.2d 440, 443 (1965). 24. A showing of mere negligence, or even gross negligence, will not suffice to establish that punitive damages should be imposed. SHV Coal, Inc. v. Continental Grain Co., 526 Pa. 489, 587 A.2d 702, 705 (1991). 25. In the instant case, Plaintiffs have not alleged facts that would support a finding of outrageous conduct, evil motive or reckless indifference to the rights of others. 26. Certainly no sufficient facts are alleged to support a claim for punitive damages for the negligence based causes of action. 27. Without factual allegations demonstrating actual evil motive, outrageous conduct or reckless indifference to Plaintiffs' rights, it is impossible to justify a claim for punitive damages. WHEREFORE, Objecting Defendants, respectfully request that this Honorable Court sustain their Preliminary Objections and dismiss Count VII against Objecting Defendants, or in the alternative, strike the ad damnum clause of Count VII for punitive damages. III. CONCLUSION For all the reasons above stated, the Objecting Defendants respectfully requests this Honorable Court enter its Order sustaining the accompanying Preliminary Objections. Date: December , 2014 By: O'CONNOR KIMBALL LLP Michael . O'Connor, Esquire Jeanette E. Viala, Esquire Attorney Identification No. 22714/93275 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, Middle District Inspection Agency And Paul Rampulla, Jr. CERTIFICATE OF SERVICE I, Michael P. O'Connor, Esquire, hereby certify that a true and correct copy of the within Preliminary Objections was served this day upon the following: ATTORNEY FOR PLAINTIFFS Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 wally@zimolonglaw.com brad@zimolonglaw.com Via e-mail and US Mail COUNSEL FOR WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER AND MONA S. KETNER R. James Reynolds, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA jreynolds@margolisedelstein.com Via e-mail Date: December , 2014 By: COUNSEL FOR CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER AND RODNEY L. YENTZER, 11 Jeffrey B. Rettig, Esquire Johnson Duffle 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 jbr@jdsw.com Via e-mail O'CONNOR KIMBALL LLP Michael P. O'Connor, Esquire Attorney Identification No. 22714 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants, Middle District Inspection Agency And Paul Rampulla, Jr. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument CLIA Court.) CAPTION OF CASE (entire caption must be stated in full) STUART SPERN and TRACY SPERN, Plaintiffs vs. Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer, Rodney, L. Yentzer, II, Welubhi Housing Group, LLC, David W. Ketner, Mona Ketner, Middle Department Inspection Agency and Paul Rampulla, Jr., Defendants No. 14-4878, Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Obiections of Defendants, Carlisle Developers, LLC, Yentzer & Yentzer Enterprises, Matthew Madden, Robert Yentzer and Rodney Yentzer, to Plaintiffs' First Amended Complaint 2. Identify counsel who will argue cases: (a) for plaintiffs: Walter S. Zimolonq, Esquire, 1429 Walnut Street, Suite 1201, Philadelphia, PA 19102 (Name and Address) (b) for defendant: Jeffrey B. Rettig, Esquire, Johnson, Duffie, Stewart & Weidner, P.O. Box 109, Lemoyne, PA 17403 (Counsel for Defendant) (Name and Address 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: December 9, 2014 Februa : ►15 Jeffrey B. - ettig Print your name Attorney for Defendant INSTRUCTIONS: 1. 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 12 days prior to argument. 3. The responding party shall file their brief 5 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. 668439 Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com STUART SPERN and TRACY SPERN, Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR., Defendants Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-4878 CIVIL ACTION — LAW DEFENDANTS' MOTION TO COMPEL PLAINTIFFS' FULL AND COMPLETE DISCOVERY RESPONSES AND NOW, come the Defendants, Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, by and their attorneys, Johnson, Duffie, Stewart & Weidner, and files this Motion to Compel the Plaintiffs' to provide Full and Complete Discovery Responses, and states as follows: 1. On August 15, 2014, the Plaintiffs filed a Complaint. 2. On or about October 9, 2014, Plaintiffs served a First Amended Complaint. 660783 3. Plaintiffs' action arises from the sale of a home to the Plaintiffs. 4. Plaintiffs claim that there are various construction defects with the home that cause a number of problems for the Plaintiffs. 5. By correspondence dated November 4, 2014, Plaintiffs were served with Defendants' Interrogatories and Request for Production of Documents. 6. Of the nine (9) Interrogatories propounded to Plaintiffs, eight (8) asked for information specific to allegations set forth in Plaintiffs' Amended Complaint. A copy of the Interrogatories is attached hereto and marked as Exhibit A. See Interrogatories 2 — 9. 7. By correspondence dated December 4, 2014, Defendants were served with Plaintiffs' answers to the Interrogatories. A copy of Plaintiffs' Answers to Interrogatories is attached hereto and marked as Exhibit B. 8. Plaintiffs' Answers and Objections to Defendants' Interrogatories are improper. In answer to Interrogatories 3 — 9, Plaintiffs either state the obvious (Mr. Madden is the majority member of Carlisle Developers, LLC) or object on the spurious basis that the Interrogatories seek a legal conclusion when what is requested is the factual basis for the allegations. 9. Moreover Plaintiffs were also served with Defendants' Request for Production of Documents on November 4, 2014 and no responses or objections have been received to date. 10. Plaintiffs' failure to fully and properly respond to Defendants' discovery is manifestly unfair and prejudicial to Defendants because the information is relevant to Plaintiffs' allegations. 11. Information regarding the basis for Plaintiffs' allegations against the Defendants is essential to the defense of this action. 12. The Plaintiff's failure to adequately respond to written discovery requests is in violation of the Pennsylvania Rules of Civil Procedure and is delaying the progress of this case. 660783 13. Defendant has in good faith attempted to resolve this discovery dispute without court action. 14. It is notable that the allegations in Plaintiffs' First Amended Complaint which were the subject of Interrogatories 2 — 9 are identical (except for identifying different Defendants) to the allegations made against co-Defendants. (Compare ¶s 138 —145 with ¶s 148 — 155). 15. Defendant respectfully requests this Honorable Court to issue a Rule to Show Cause why Plaintiffs' should provide full and complete answers to the propounded Interrogatories. 16. A copy of the within Motion to Compel was provided to Plaintiffs' counsel by e-mail on December 11, 2014. Plaintiffs' counsel does not concur with this Motion. 17. Plaintiffs are represented by Wally Zimolong, Esquire, 1429 Walnut Street, Suite 1201, Philadelphia, PA 19102. 18. Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer are represented by Jeffrey B. Rettig, Esquire, 301 Market Street, Lemoyne, PA 17043. 19. Defendants Welubhi Housing Group, LLC, David W. Ketner and Mona S. Ketner are represented by R. James Reynolds, Jr., Esquire, 3510 Trindle Road, Camp Hill, PA 17011. 20. Defendants Middle Department Inspection Agency and Paul Rampulla, Jr., are represented by Michael P. O'Connor, Esquire, Town Penn Center Plaza, Suite 1100, 1500 John R. Kennedy Boulevard, Philadelphia, PA 19102. WHEREFORE, Defendants, Carlisle Developers, LLC, Matthew Madden, Yentzer & Yenter Enterprises, Robert D. Yentzer and Rodney L. Yentzer, respectfully requests this Honorable Court issue a Rule to Show Cause why Plaintiffs should provide full and complete discovery responses within twenty (20) days from the date of the Order, or suffer sanctions as shall be determined. 660783 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: Date: December/7- 2014 660783 Jeffry! B. Re ig, Esquire I o. 19616 301 Market Street, P 0 Box 109 Lemoyne, PA 17043 (717) 761-4540 jbr[a�idsw.com Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II EXHIBIT "A" Johnson, Duffie, Stewart & Weidner By: Jeffrey B. . Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com STUART SPERN and TRACY SPERN, • -Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN,.YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY. L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR., Defendants Attorneys for Defendants Carlisle Developers, LLC; Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 14-4878 CIVIL ACTION — LAW DEFENDANTS CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER AND RODNEY L. YENTZER, II. INTERROGATORIES FOR ANSWER BY PLAINTIFFS To: Stuart Spern and Tracy Spern c/o Walter Zimolong, Esquire: 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (Attorney for Plaintiffs) PURSUANT TO THE PROVISIONS of the Pennsylvania Rules of Civil - Procedure, as amended, you are to forward a copy to the undersigned and retain the: Original, of your answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days of service hereof. The Answers shall be inserted in the spaces provided following the Interrogatories. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on supplemental sheet. - DEFINITIONS AND INSTRUCTIONS A. "DOCUMENT" writings or recordings of any kind, whether handwritten, typed or printed, and including, but not limited to, letters, memoranda, bulletins, orders, photographs, microfilms, resolutions, books, computer printouts, computer cards, papers, pamphlets, notebooks, diaries, notes, recording tapes, recording discs, recording wires, manuals, regulations, rules and forms. B. "IDENTIFY" — when used with reference to a person, shall mean and include the full name, present last known business address, and if an individual, present. or last known home address; each of his or her employers titles with respect to the period covered by these Interrogatories; adescription of each duty and responsibility held by each such individual. When used with references to a document writing, the word "identify" shall meant to include the date it was written; identify each person to how it was addressed and identify each person to whom a copy was identified as being directed, identify each person who received a copy of the document or writing with 'a description of the document or writing as for instance, "letter","memorandum"; include the present location and identify its custodian. If any document or writing is no longer in your_possession or subject to your control, state what disposition was made of it, the reason for such disposition, the date thereof, and identify its current or last known location and custodian. Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein. This information includes the means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date; the names, addresses, employers and positions of all persons who participated in, or who were involved in the communication, all .other persons who were present during or who overheard that communication, the substance of who said what to whom and the order in which it was said, and whether that communication, or any part thereof, was recorded or referred to in any document. C. "CONCERN", "CONCERNED", or "CONCERNING" - means referring or relating to, pertaining to, commenting on,-or connected with, in any manner whatsoever. D. "YOU", "YOUR" — means the person in whose name this action is brought, his employees, officers, representatives, agents, and attorneys, or any person working for such persons. - E. If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of any oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. F. As used herein, the term "STATEMENT" means a written statement signed or otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. These Interrogatories are deemed to be continuing in nature, in accordance with the provisions of the Pennsylvania Rules of Civil. Procedure, as amended. If between the time of forwarding your original answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer, was incorrect when made, or knowslthat an Answer, though correct when made, is no longer true, they you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a supplemental Answer on the undersigned. Please state: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your marriage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past -five years; (e) Your present occupation and the name and addressof your employer;. (f) Date of your birth; (g) Your Social Security number; (h) Your military service and positions held, if any; and (i) Theschools you have attended and the degrees or certificates awarded, if any.. ANSWER: 2. In paragraph 137 of Plaintiffs' Amended Complaint, you allege at all material times, Madden owned, controlled, and dominated the affairs of Carlisle Developers.. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: In paragraph 138 of Plaintiffs' Amended Complaint, you allege Carlisle_Oevelopers was formed to shield Madden from liability. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: In paragraph 139 of Plaintiffs' Amended Complaint, you allege Madden used Carlisle_ Developers to perpetrate a fraud or cause injustice. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the -Complaint]. ANSWER: In paragraph 140 of Plaintiffs' Amended Complaint, you allege Carlisle Developers was undercapitalized, lacked sufficient assets, failed to follow corporate formalities and failed to keep corporate records. Set forth all facts that support thisallegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: In paragraph 141 of Plaintiffs' Amended Complaint, you allege Carlisle Developers is merely a facade. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: 7. In paragraph 142 of Plaintiffs' Amended Complaint, you allege Carlisle Developers is an alter ego of Madden. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. .ANSWER: 8. In paragraph 143 of Plaintiffs' Amended Complaint, you allege Carlisle .Developers commingled assets and funds. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]: .ANSWER: 9. In paragraph 145 of Plaintiffs' Amended Complaint, you allege Madden commingled personal assets with Carlisle Developers. Set forth all facts that support this allegation , and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. `ANSWER: JO N,DUFFIE, STEW RT. & WEIDNER .. ffr: B. -ttig, Esquir-` / /•:1,.16' c 0 ' arket Street ;TP O Box 109 L' . emoyne, PA 17043 (717) 761=4540 jbr@jdsw.com .Attorneys for Defendants Carlisle, -Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, -Robert D. Yentzer and Rodney L. Yentzer, II L L • CERTIFICATE OF SERVICE AND NOW, this 4 day of November, 2014, - the undersigned does hereby certify that. she did, this date serve a copy of the foregoing document upon the other parties of record by -causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,, Pennsylvania, addressed as follows:. ( Walter S. Zimolong,, Esquire Brad G: Kubisiak, Esquire • -_ Ziniolorig, LLC 1429 Walnut Street, Suite 1201 :Philadelphia,_PA' 19102 ''`Attorneys for Plaintiffs R. James Reynolds, Jr., Esquire Margolis Edelstein 3510 Trindle.Road. Camp Hill, PA 17011 - Attorneys for Defendants Welubhi Housing Group,LLC, David W. Ketner and Mona S. Ketner Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 . 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants Middle District Inspection Agency and Paul Rampulla, Jr. -JOHNSQN, UFFIE, STEW WEIDNER -661661' ine Schwalm, Paralegal to effrey B. Rettig, Esquire :- EXHIBIT "B" ZIMOLONG, LLC Walter S. Zimolong, Esquire Attorney I.D. No. 89151 wally@zimolonglaw.com Brad G. Kubisiak, Esquire Attorney I.D. No. brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) Attorneys for Plaintiffs STUART SPERN AND TRACY-SPERN : CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiffs,. v. CARLISLE DEVELOPERS, LLC, et. al : : NO. 14-4878 Defendants. PLAINTIFFS' ANSWERS AND OBJECTIONS TO INTERROGATORIES OF DEFENDANTS, CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER AND RODNEY L. YENTZER, II Plaintiffs, Stuart Spern and Tracy Spern; answer and raise objections to the interrogatories of Defendants, Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yenzter, and Rodney L. Yentzer, II as follows: 1. Please state: (a) Your full name; Stuart Allen Spern and Tracy Spern. (b) Each other name, if any, which you have used or by which you have been known; None, during the course of the subject matter of this litigation. (c) The name of your spouse at,the time of the accident and the date and place of your marriageto such spouse; See answer to subpart (a). Plaintiffs object to the remainder of this interrogatory as Plaintiffs' place of marriage is neither relevant to the underling subject matter of this litigation, plaintiffs' claims, and is not otherwise reasonably calculated to lead to discoverable or admissible evidence. Plaintiffs further object on the grounds that the term "accident" is undefined. (d) The address of your present residence and the address of each other residence which you have had during the past five years; 2013 to the present: 17 Peyton Drive, Carlisle, PA 17015 Before 2013: 61 Silver Birch Drive, Lancaster, PA 17602 (e) Your present occupation and the name and address of your employer; Stuart Spern: Database Administrator, Citizens Bank, 100 Sockanosset Cross Road, Cranston, RI 02920 Tracy Spern: Owner, Country I Do's. (f) Date of your birth; Objection. Plaintiffs object to this interrogatory on the grounds that it is not related to plaintiffs' claims of defendants' defenses and is not otherwise reasonably calculated to lead to discoverable evidence. (g) Your Social Security number; Objection. Plaintiffs object to this interrogatory on the grounds that it is not related to plaintiffs' claims of defendants' defenses and is not otherwise reasonably calculated to lead to discoverable evidence. None. (h) Your military service and positions held, if any; and (i) The schools you have attended and the degrees or certificates awarded, if any. Stuart Spern: Cornell Univesity, B.S, M. Eng, and Ph.D Tracy Spern: Mercer County Community College. 2 2. In paragraph 137 of Plaintiffs' Amended Complaint, you allege at all material times, Madden owned, controlled, and dominated the affairs of Carlisle Developers..Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: 'Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. Without waiving said objection, upon information and belief at all relevant times Madden is the sole or majority member of Carlisle Developers, LLC, he is sole manager of Carlisle Developers, LLC and he makes all day-to-day business decisions for Carlisle Developers, LLC. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. 3. In paragraph 138 of Plaintiffs' Amended Complaint, you allege Carlisle Developers was formed to shield Madden from liability. Set,forth all facts that support this allegation and . identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. Without waiving said objection, upon information and belief at all relevant times Madden is the sole or majority member of Carlisle Developers, LLC, he is sole manager of Carlisle Developers, LLC and he makes all day-to-day business decisions for Carlisle Developers, LLC. Under 15 Pa.C.S.A § 8900, et. seq. members of limited liability companies potentially can avoid personal liability for actions brought against the company. Upon information and belief, Madden formed Carlisle Developers, in whole or in part, in an attempt to enjoy this limitation on personal liability. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. 4. In paragraph 139 of Plaintiffs' Amended Complaint, you allege Madden used Carlisle Developers to perpetrate a fraud or cause injustice. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: 3 Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. As discovery is on-going, Plaintiffs reserve the right to. supplement their answers to this interrogatory. 5. In paragraph 140 of Plaintiffs' Amended Complaint, you allege Carlisle Developers was undercapitalized, lacked sufficient assets, failed to follow corporate formalities and failed to keep corporate records. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to ,,those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. Without waiving said objection, see allegation contained in the complaint and answers to preceding interrogatories. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. 6. In paragraph 141 of Plaintiffs' Amended Complaint, you allege Carlisle Developers is merely a facade. Setforth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. Without waiving said objection, see allegation contained in the complaint and answers to preceding interrogatories. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. 7. In paragraph 142 of Plaintiffs' Amended Complaint, you allege Carlisle Developers is an alter e,go of Madden. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. [Please do not simply refer to the allegations contained in the Complaint]. ANSWER: -Objection. Plaintiffs object to this interrogatory on the grounds that it seeks' a legal conclusion from a lay witness. Without waiving said objection, see allegation contained in the complaint and answers topreceding interrogatories. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. 8. - In paragraph 143 of Plaintiffs' Amended Complaint, you allege Carlisle Developers commingled assets and funds. Set forth all facts that support this allegation and identify by name and address all witnesses who will testify to those facts. ,[Please do not simply refer to the allegations contained in the Complaint]. ANSWER: -Objection. Plaintiffs object to this interrogatory on the grounds that it seeks a legal conclusion from a lay witness. Without waiving said objection, see allegation contained in the,complaint and answers to preceding interrogatories. As discovery is on-going, Plaintiffs reserve the right to supplement their answers to this interrogatory. Date: December, 2014 ZIMOLONG, LLC By: Walter S. Zimolon Brad G. Kubisiak Attorneys for Plaintiffs VERIFICATION I, Stuart Spern, verify that I am authorized to make this verification, and that the facts contained in the foregoing are true and correct based upon my knowledge, information, and belief. I understand that statements herein are made subject to the penalties set forth in 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. STUART SPERN VERIFICATION I, Tracy Spern, verify that I am authorized to make this verification, and that the facts contained in the foregoing are true and correct based upon my knowledge, information, and belief..I understand that statements herein are made subject to the penalties set forth in 18 Pa.. C.S.A. §4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Defendants Motion to Compel Plaintiffs' Full and Complete Discovery Responses has been duly served upon all counsel of record by depositing the same in the United States First Class Mail, postage prepaid, in Lemoyne, Pennsylvania, on December/ 2014, as follows: Walter S. Zimolong, Esquire Brad G. Kubisiak, Esquire Zimolong, LLC 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Attorneys for Plaintiffs R. James Reynolds, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorneys for Defendants Welubhi Housing Group, LLC, David W. Ketner and Mona S. Ketner Michael P. O'Connor, Esquire O'Connor Kimball LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendants Middle District Inspection Agency and Paul Rampulla, Jr. 668828 JOHNSON, DUFFIE, STEWART & WEIDNER STUART SPERN and TRACY SPERN , Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR. Defendants Count? of €umberianb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 1/A18 44-402e 44-402B CIVIL ACTION IN RE: MOTION TO COMPEL PLAINTIFFS' FULL AND COMPLETE DISCOVERY RESPONSES ORDER OF COURT AND NOW, this 22"d day of December 2014, upon consideration of the Motion to Compel Plaintiffs' Full and Complete Discovery Responses, a RULE is issued upon Plaintiffs to show cause as to why the requested relief should not be granted. DEFENDANTS shall effectuate service of this Order of Court upon Plaintiffs and shall file proof of service. Plaintiffs SHALL include a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file upon the filing of any response to this Order with the Court. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT, c -J L) Thomas A. Placey C.P.J. Distribution: 1ANalter Zimolong, Esq. ,.",-Ieffrey B. Rettig, Esq. James Reynolds, Esq. ichael P. O'Connor, Esq. 2 Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig, Esquire I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com STUART SPERN and TRACY SPERN, Plaintiffs v. CARLISLE DEVELOPERS, LLC, MATTHEW MADDEN, YENTZER & YENTZER ENTERPRISES, ROBERT D. YENTZER, RODNEY L. YENTZER, II, WELUBHI HOUSING GROUP, LLC, DAVID W. KETNER, MONA KETNER, MIDDLE DEPARTMENT INSPECTION AGENCY and PAUL RAMPULLA, JR., Defendants Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, Yentzer & Yentzer Enterprises, Robert D. Yentzer and Rodney L. Yentzer, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. PROOF OF SERVICE NO. 14-4878 CIVIL ACTION — LAW - ri Cf) ry AND NOW, this 31st day of December, 2014, the undersigned does hereby verify that on December 30, 2014, a copy of Judge Thomas A. Placey's Order dated December 22, 2014, in the above captioned action was served upon Plaintiffs, Stuart Spern and Tracy Spern, by causing it to be sent via email correspondence to Plaintiffs' Attorney at Wallvazimolonglaw.com and First -Class Mail to the Plaintiffs' attorney of record, at Walter S. Zimolong, Esquire 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Wall a(�,zimolonglaw.com Attorneys for Plaintiffs The proof of email delivery receipt and a copy of the postage paid envelope is attached hereto as Exhibit A and Exhibit B. Date: December 31, 2014ON, DUFFIE, STEWART & WEIDNER Janine R. Schwalm From: postmaster@sigzim.com To: wally@zimolonglaw.com Sent: Tuesday, December 30, 2014 3:32 PM Subject: Delivered: Spern v Carlisle Developers, et al Your message has been delivered to the following recipients: wally©zimolonglaw.com Subject: Spern v Carlisle Developers, et al Janine R. Schwalm From: Wally Zimolong [wally@zimolonglaw.com] To: Janine R. Schwalm Sent: Tuesday, December 30, 2014 3:33 PM Subject: Read: Spern v Carlisle Developers, et al Your message To: Subject: Spern v Carlisle Developers, et al Sent: Tuesday, December 30, 2014 3:32:17 PM (UTC -05:00) Eastern Time (US & Canada) was read on Tuesday, December 30, 2014 3:32:47 PM (UTC -05:00) Eastern Time (US & Canada). 1914-2014 301 MARKET STREET P.O. BOX 109 LEMOYNE, PA 7043-01.09 WALTER ZIMOLONG, ESQUIRE 1429 WALNUT STREET, SUITE 1201 PHILADELPHIA, PA 19102 Has 12/30/2014 US POSTAGE CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Proof of Service has been duly served upon the following via email and first-class mail by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on December 31, 2014: Walter S. Zimolong, Esquire 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 Wally(c�zimolonglaw.com Attorneys for Plaintiffs JOHN, DUFFIE, STEWART & WEIDNER Janine Schwalm, Paralegal to Jeffrey B. Rettig, Esquire Bv: 672115 ZIMOLONG, LLC Walter S. Zimolong, Esquire Attorney I.D. No. 89151 wally@zimolonglaw.com Brad G. Kubisiak, Esquire Attorney I.D. No. 315714 brad@zimolonglaw.com 1429 Walnut Street, Suite 1201 Philadelphia, PA 19102 (215) 665-0842 (215) 689-3404 (fax) _F 1HE.P:OTH-HU'CTAM' 2015 JAN 12 Ph !2: 35 CUMBERLAND COUNTY P-ENNSYLVANlA Attorneys for Plaintiffs STUART SPERN AND TRACY SPERN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Plaintiffs, v. CARLISLE DEVELOPERS, LLC, ET AL. : NO. 14-4878 CIVIL TERM • • Defendants. PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO COMPEL FULL AND COMPLETE DISCOVERY RESPONSES Plaintiffs, Stuart Spern and Tracy Spern ("Plaintiffs"), by and through their undersigned counsel, file this Response to Defendants' Motion to Compel Full and Complete Discovery Responses, and in support thereof, state as follows: 1-2. Admitted. 3. Admitted in part, denied in part. It is admitted only that Plaintiffs purchased a home (the "Home") which is at the center of this litigation. It is denied that Plaintiff' action arises from the sale of Home. By way of further answer, Plaintiffs' action arises out of the numerous construction defects and building code violations throughout the Home, and Defendants' concealment of them. 2 4. Admitted. By way of further answer, there are also building code violations throughout the home. Some of the construction defects and building code violations render the Home unsafe. 5-7. Admitted 8. Denied. Plaintiffs' answers to Defendants' Interrogatories were fully in compliance with the Pennsylvania Rules of Civil Procedure. Under Pa.R.Civ.P. 4006(2), "[e]ach interrogatory shall be answered fully and completely unless objected to, in which event the reasons for the objection shall be stated in lieu of an answer." For those interrogatories that Plaintiffs objected to, Plaintiffs provided a sufficient and proper reason as to why they were objecting to the interrogatory. 9. Denied. Plaintiffs responded to Defendants' Request for Production of Documents on January 8, 2015. 10. Denied. Plaintiffs deny the averments of this paragraph as a conclusion of law to which not response is required. To the extent that a response is required, Plaintiffs have provided full and proper responses to Defendants' discovery requests pursuant to the Pennsylvania Rules of Civil Procedure. Plaintiffs are under no obligation to respond to Defendants' discovery requests according to Defendants' own standards, but rather are obligated to abide by the Pennsylvania Rules of Civil Procedure. Moreover, Plaintiffs have reserved the right to supplement their answer in the future. 11. Denied. Plaintiffs deny the averments of this paragraph as a conclusion of law to which no response is required. By way of further answer, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the matter averred. 3 12. Denied. Plaintiffs deny the averments of this paragraph as a conclusion of law to which no response is required. To the extent that a response is required, Plaintiffs have adequately responded to Defendants' discovery. The Pennsylvania Rules of Civil Procedure require that Plaintiffs fully answer each of Defendants interrogatories, or where they object to provide a reason as to why they have objected. For each of Defendants' interrogatories, Plaintiffs have either fully answered or have objected and provided a sufficient reason as to why they are objecting. Accordingly, Plaintiffs have fully complied with the Pennsylvania Rules of Civil Procedure. 13. Denied. Defendants' good -faith attempt to resolve this dispute consisted solely of an email to Plaintiffs' counsel asking if he concurs with the filing of the motion to compel. In an email dated December 11, 2014, Jeffrey Rettig, Esq., counsel for Movant, stated: "Mr. Zimolong Our forwarding the proposed motion to you prior to filing it is our attempt to resolve this issue. Having reviewed that document, you know what our position is. If you agree to withdraw your objections to the Interrogatories and respond to our Request for Production, we will gladly not file the Motion or modify it to reflect those matters that we agree to.. Just let us know. Thanks. Jeff" See email form Jefrrey Rettig, Esq., counsel for Movant, at Exhibit "A." 14. Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the matter averred. To the extent that further response is required, Defendants have wholly mischaracterized two (2) entirely separate causes of action. While the wording of these two (2) causes of action may read the same, these two (2) causes of actions refer to entirely different entities and entirely different co-defendants. Any inference being made by Defendants is without any merit whatsoever. 15. Denied. Plaintiffs deny the averments of this paragraph as a conclusion of law to which no response is required. 16-20. Admitted. 4 WHEREFORE, Plaintiffs, Stuart Spern and Tracy Spern, respectfully request this Honorable Court to deny Defendants' Motion to Compel Full and Complete Discovery Responses. Respectfully submitted, ZIMOLONG, LLC Date: January 8, 2015 By: �„ cf,.e 5 Walter S. Zimolong, Esq. Brad G. Kubisiak, Esq. Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Brad G. Kubisiak, hereby certify that on the date indicated below I caused a copy of the foregoing Plaintiffs' Plaintiffs' Response to Defendants' Motion to Compel Full And Complete Discovery to be served on counsel for defendants via regular mail, postage prepaid, as follows: Jeffrey Rettig, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (Attorneys for Defendants Carlisle Developers, LLC, Matthew Madden, and Robert Yentzer and Rodney Yentzer) Michael O'Connor Esquire Two Penn Center Suite 1100 Philadelphia, PA 19102 (Attorneys for MDL4 Inspections and Paul Rampalla, Jr.) R. James Reynolds, Jr., Esquire Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 (Attorneys for Defendants, Welhubi Housing Group, LLC, David W. Ketner, and Mona Ketner) Date: January 8, 2015 6 Brad G. Kubisiak Wally Zimolong From: Jeffrey B. Rettig <JBR@JDSW.com> Sent: Thursday, December 11, 2014 12:36 PM To: Wally Zimolong Cc: Janine R. Schwalm Subject: RE: Spern v Carlisle Developers Mr. Zimolong Our forwarding the proposed motion to you prior to filing it is our attempt to resolve this issue. Having reviewed that document, you know what our position is. If you agree to withdraw your objections to the Interrogatories and respond to our Request for Production, we will gladly not file the Motion or modify it to reflect those matters that we agree to.. Just let us know. Thanks. Jeff 1. AW nrPIG�L.S JQHNJS0N DUFFIE 1914-2914 www.jdsw.com Jeffrey B. Rettig Attorney Johnson, Duffie, Stewart & Weidner 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Email: jbr cijdsw.com Phone: 717.761.4540 - Fax: 717.761.3015 For more information about our comprehensive services, please visit our website at This communication, along with attachments, contains information that is protected by the attorney/client and/or other privileges and is considered confidential. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. It constitutes non-public information intended to be delivered only to the designated recipient. This communication is also protected from disclosure under applicable law. If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient or you believe that you have received this communication in error, please notify the sender immediately by return e-mail. The email should also be promptly deleted. Any review, retransmission, dissemination or duplication of this e-mail and/or attachments, will be considered unauthorized use and is prohibited. From: Wally Zimolong [mailto:wally@zimolonglaw.com] Sent: Thursday, December 11, 2014 11:09 AM To: Janine R. Schwalm Cc: Jeffrey B. Rettig Subject: RE: Spern v Carlisle Developers Ms. Schwalm: We do not concur with your motion. Specifically, paragraph 13 of the motion (the first paragraph 13 because you have two) is false. Mr. Rettig, nor anyone else from your office, has never attempted to resolve this discovery dispute in good -faith and without involving the court. Present your motion if you desire, but you have now set the tone for discovery disputes in the future and we will respond in kind. Wally Zimolong, Esquire 11429 Walnut Street 1 Suite 1201 1 Philadelphia, PA 1 19102 V: 215.665.08421 M: 609.932.88361 F: 215.689.3404 1 E: wally(azimolonglaw.coml www.zimolonglaw.com www.supplementalconditions.com - ZIMOLONG From: Janine R. Schwalm [mailto:JRS@JDSW.com] Sent: Thursday, December 11, 2014 10:06 AM To: Wally Zimolong Subject: Spern v Carlisle Developers Mr. Zimolong, Attached please find a copy of the Motion to Compel we plan to file today. Kindly let me know today your concurrence/nonconcurrence of the Motion as per the local rules. Thank you. Janine LAW vrrIcrIS JOI-F S° www.ldsw.com Janine R. Schwalm Paralegal to Jeffrey B. Rettig Johnson, Duffle, Stewart & Weidner 301 Market Street - P.O. Box 109 Lemoyne, PA 17043-0109 Email: jrs@jdsw.com Phone: 717.761.4540 - Fax: 717.761.3015 For more information about our comprehensive services, please visit our website at This communication, along withattachments; contains information that is protected by the attorney/client and/or other privileges and is considered confidential. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. It constitutes non-public information intended to be delivered only to the designated recipient. This communication is also protected from disclosure under applicable law. If the reader or recipient of this communication is not the intended recipient, an employee or agent of the ° intended recipient or you believe that you have received this communication in error, please notify the sender immediately by return e-mail. The email should also be promptly deleted. Any review, retransmission, dissemination or duplication of this e-mail and/or attachments, will be considered unauthorized use and is prohibited. 2