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HomeMy WebLinkAbout06-0146IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es): Kevin P. Slater and Erika L. Slater 103 Sgrignoli Lane Enola, PA 17025 Defendant(s) & Address(es) Jacob B. Bucher, Jr. d/b/a J&K's Home Improvements 31 Charter Drive Shermansdale, PA 17090 and 313 S. 17`h Street Harrisburg, PA 17104 File No. AM)6^ Civil Action - Law PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. xx Write of Summons shall be issued and forwarded to Attomey/Sheriff. Date: $ gnature of Attomey Craig A. Diehl, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 170114436 (717)763'-7613 Supreme Court ID Number: 52801 SUMMONS IN CIVIL ACTION TO: Jacob B Bucher Jr d/b/a J&K's Home Improvements YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Pxo,?:hon?ry rl Civil Division Date: lP.(n by ??ea"41A I /c+tLT? Deputy U rU e, r'?: `t ,v ? f 1 _ G $r% ? t/? 'L"i y? _. ` ^V ? . ?/ ["7 ' ??J ? ? ?lj? c7 _? `l ?. .-? ,.: ?? ,? ?_. 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, his wife Plaintiff No. 2006 -- 146 V. JACOB B. BUCHER, JR. d/b/a J & K's HOME IMPROVEMENTS, CIVIL ACTION LAW Defendant PRAECIPE TO ENTER APPEW JCS t i % X Dated: January 18, 2006 To the Prothonotary / Kindly enter my appearance;on e if of action above-captioned. in the b . Radebach, Esquire 1 h River Road Ha ' ax, PA 17032 (717) 896-2666 Attorney for Defendant ?. ?:5 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00146 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLATER KEVIN P ET AL VS BUCHER JACOB R. Thomas , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BUCHER JACOB B JR D/B/A J&K'S HOME IMPROVEMENTS but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 1st , 2006 , this office was in receipt of the attached return from PERRY Sheriff's Docketing Out of Cc Surcharge Dep Perry Postage DBA J&KS HOM 02/01/2006 CRAIG DIEHL So answerz.:? R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this J _ day of 02 01) ?c . D . Protho ary / Costs: 18.00 lnty 9.00 10.00 County 31.90 1.17 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00146 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SLATER KEVIN P ET AL VS BUCHER JACOB B JR DBA J&KS HOM R. Thomas Kl Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BUCHER JACOB B JR D/B/A J&K'S HOME IMPROVEMENTS but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS County, Pennsylvania, to On February 1st , 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 .00 54.25 02/01/2006 CRAIG DIEHL So answers r-- R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 94- day of o2l5UG A. D. Protho y in his bailiwick. He therefore In The Court of Common Pleas of Cumberland County, Pennsylvania Kevin P. Slater et al VS. Jacob B. Bucher Jr d/b/a J&K's Home Improvements No. 06-146 civil Now, January 11, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, January 13, within Writ of Summons upon Jacob B.-Bucher, Jr. 20 06 at 10: 140,clock A M. served the at 31 Charter Dr. Shermansdale, PA 17090 (Carroll Township) by handing to Jacob B. Bucher, Jr., Defendant a True & Attested copy of the original Writ of Summons and made known to Him the contents thereof. So answers, Brady T. Cramer Deputy Sheriff Perry County, PA COSTS Swom and subscribed before SERVICE $ me this L'Jlhday of T?ntuu1, 2t,6 MILEAGE . 1? 74 AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Kevin P. Slater et al vs. Jacob B. Bucher Jr d/b/a J&K's Home Improvements No. 06-146 civil Now, January 11, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of 20 20_, at o'clock M. served the the contents thereof. COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA OttirQ of *e o*hrr ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 11ax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SLATER KEVIN & ERIKA vs County of Dauphin BUCHER JACOB B JR D/B/A J & KS HOME Sheriff's Return No. 0054-T - - -2006 OTHER COUNTY NO. 2006-146 CV I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for BUCHER JACOB B JR D/B/A J & KS HOME IMPROVEMENTS the DEFENDANT named in the within WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, January 24, 2006 INFORMATION RECEIVED STATES THAT THE DEF, JACOB BUCHER, DOES NOT LIVE AT 313 SOUTH 17TH ST, HBG, PA. 17104. LIVES IN SHERMANSDALE, PER ATTY RADEBACH, DEF WAS SERVED BY CUMBERLAND COUNTY SHERIFF. Sworn and subscribed to before me this 25TH day of JANUARY, 2006 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, ? k e?? Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$29.25 PD 01/13/2006 RCPT NO 213749 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es): Kevin P. Slater and Erika L. Slater 103 Sgrignoli Lane Enola, PA 17025 Defendant(s) & Address(es) Jacob B. Bucher, Jr. d/b/a J&K's Home Improvements 31 Charter Drive Shermansdale, PA 17090 and 313 S. 17`1' Street Harrisburg, PA 17104 File No. Civil Action - Law PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in civil action in the above case. xx Write of Summons shall be issued and forwarded to Attorney/Sheriff. Date: e1, ignature of Attorney Craig A. Diehl, Esquire Law Offices of Craig A, Diehl 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Supreme Court ID Number: 52801 SUMMONS IN CIVIL ACTION TO: Jacob B. Bucher, Jr. d/b/a J&K's Home Improvements YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Pro notary/Clet ' C? vision Date: by ' TRUE COPY FROM F `r-, Depuy ,u?e? /YK nor 91 :? d 9- NVr HE Vd :"k o JAI83HS 3Fli Ail Ifli J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, husband and wife, Plaintiffs NO.: 2006 - / 41(, vs. JACOB B. BUCHER, JR. d/b/a J&K'S HOME IMPROVEMENTS, Defendant CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3 t66 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, husband and wife, NO.: 2006- JV(, Plaintiffs VS. JACOB B. BUCHER, JR. d/b/a CIVIL ACTION - LAW J&K'S HOME IMPROVEMENTS, Defendant COMPLAINT NOW COMES Plaintiffs, Kevin P. Slater and Erika L. Slater, husband and wife, by and through their counsel, Law Offices of Craig A. Diehl, and files the following Complaint averring as follows: 1. Plaintiffs, Kevin P. Slater and Erika L. Slater, husband and wife, are adult individuals residing at 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant, Jacob B. Bucher, Jr., is the owner and sole proprietor of a home building and home improvement business known as J&K's Home Improvements with a business address of 31 Charter Drive, Shermansdale, Perry County, Pennsylvania, 17090. 3. On or about August 27, 2003, Plaintiffs tendered an Agreement of Sale to Defendant for the purchase of a home constructed by Defendant located at 103 Sgrignoli Lane, Enola, Cumberland County, 17025. Page 1 4. At the time of Plaintiffs' offer, the premises were rented by Defendant to tenants who had occupied the premises for a period of approximately two years. 5. During Plaintiffs' personal inspection of the home with their Real Estate Agent prior to tendering their offer, Plaintiffs' Agent noted that no firewall existed between the garage wall of the residence and the residential living area. 6. Further investigation by Plaintiffs indicated that a Certificate of Occupancy was never issued by East Pennsboro Township for the premises upon completion of construction by Defendant and prior to the occupancy of tenants. 7. At the request of Plaintiffs, an East Pennsboro Township building inspector conducted an inspection of the premises which resulted in the issuance of a Conditional Certificate of Occupancy, subject to the installation of a firewall between the garage and living areas. 8. Defendant installed the required firewall, East Pennsboro Township removed the condition on the Certificate of Occupancy, and Plaintiffs' settlement for the purchase of 103 Sgrignoli Lane occurred on September 30, 2003. 9. At the time of settlement, Defendant, J&K Home Improvements, extended a one year home warranty to Plaintiffs. 10. On or about January 2004, Plaintiffs experienced the first of multiple furnace failures at the premises. 11. It is believed and therefore averred that the furnace failures are the direct result of insufficient vent pipe diameters, inadequate ventilation and improper installation and venting of the furnace by Defendant. Page 2 12. Plaintiffs have obtained two (2) estimates to render the furnace operational with the lowest estimate being Two Thousand Eight Hundred and Ninety-Five ($2,895.00) Dollars. Copies of the estimates of H.L. Bowman, Inc. and C.W. Fritz Co. are attached hereto as Exhibit "A." 13. After their purchase of 103 Sgrignoli Lane, Plaintiffs were advised by neighbors that on several occasions the premises experienced flooding into the basement, which flooding was not adequately disclosed by Defendant on the Seller's Disclosure provided to Plaintiffs. A copy of the Seller's Disclosure for 103 Sgrignoli Lane is attached hereto as Exhibit "B." 14. A fire report obtained from the East Pennsboro Fire Department indicates that on September 7, 1999, emergency personnel were dispatched to respond to basement flooding at the premises and found in excess of three feet of water in the basement at the time. A copy of the East Pennsboro Fire Department incident report is attached hereto as Exhibit "C." 15. The Central Pennsylvania Multi List Service listing for the premises indicates that the residence was built in the year 2000, one year after the date of the East Pennsboro Township Fire Department incident report. See a copy of the MLS listing page for 103 Sgrignoli Lane, Enola, PA attached hereto as Exhibit "D." 16. Plaintiffs sought an estimate for waterproofing services in the basement of 103 Sgrignoli Lane, and at the time of their visual inspection of the basement, Basement Doctorx identified to Plaintiffs numerous structural defects and building code violations at the premises. Page 3 17. Concerned, Plaintiffs requested a structural engineering report on the structural integrity of the premises from Criterium-Yingst Engineers. A copy of the Criterium- Yingst Limited Inspection Report is attached hereto as Exhibit `B." 18. It is believed and therefore averred that numerous framing and structural defects and building code violations exist on the premises including but not limited to the following: improper spacing of basement support columns, excessive loading of basement columns, incorrectly fastened floor joists, improper stairway configurations and missing railings, inadequate window sizes for emergency egress from bedrooms, improper grading of lot for water drainage, deficiencies in foundation construction, negative slope on concrete porch slabs, inadequate rain gutter configurations, routing of dryer vents through HVAC ducts, incomplete installation of radon venting system, insufficient attic ventilation, and crushed waste lines resulting from foundation settling. 19. The projected cost to repair the deficiencies noted in the Criterium-Yingst Engineers' inspection report is Thirty-Four Thousand Three Hundred Five Dollars and Seventy-Eight Cents ($34,305.78). See Criterium-Yingst Engineers inspection attached hereto as Exhibit "E." 20. From January 2004 through the present date, numerous attempts to seek correction of the furnace problems by Defendant, including an effort to seek mediation through the Greater Harrisburg Board of Realtors, have been rebuffed by Defendant. 21. The discovery of the enumerated additional structural defects and building code violations arose after efforts to negotiate the furnace repairs broke down. Page 4 COUNTI FRAUDULENT MISREPRESENTATION 22. The averments set forth in paragraphs 1-21 are incorporated herein as if fully set forth. 23. Defendant's failure to disclose the extent of basement flooding on the premises was done without exercising reasonable care and competence in communicating information required to be disclosed by the Defendant. 24. Defendant's failure to disclose the extent of basement flooding of the premises amounted to a misrepresentation. 25. Defendant's failure to disclose the basement flooding and statement that the house was built in 2000, the year following the reported flooding incident, was done in an intentional, fraudulent manner. 26. Defendant's failure to disclose the basement flooding was intended to induce the Plaintiffs to purchase the property. 27. Plaintiffs justifiably relied upon the representation and disclosures made by Defendant, or lack thereof, when making their decision to purchase their home. 28. Plaintiffs have suffered damages as a proximate cause of Defendant's intentional failure to disclose the flooding incident. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant for an amount in excess of Thirty-Five Thousand ($35,000.00) and 00/100 Dollars plus such other relief as this Court deems just and reasonable. Page 5 COUNT II NEGLIGENT MISREPRESENTATION 29. The averments set forth in paragraphs 1-28 are incorporated herein as if fully set forth. 30. Defendant's failure to disclose the extent of basement flooding and statement that the house was built in 2000 rather than 1999 was done without exercising reasonable care and competence in communicating information required to be disclosed by the Defendant. 31. Defendant's failure to disclose the extent of basement flooding and the accurate age of the home amounted to misrepresentation. 32. Said information was material to the purchase by Plaintiffs of the property. 33. Plaintiffs justifiably relied upon the Defendant's disclosures, or lack thereof to disclose, when making their decision to purchase the property. 34. Plaintiffs have suffered damages as a proximate cause of Defendant's negligence in not disclosing the extent of basement flooding and misrepresenting the age of the house as being built after the date of the 1999 flooding event. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant for an amount in excess of Thirty-Five Thousand ($35,000.00) and 00{100 Dollars plus such other relief as this Court Deems just and reasonable. COUNT III INNOCENT MISREPRESENTATION Page 6 35. The averments set forth in paragraphs 1-34 are incorporated herein as if fully set forth. 36. Defendant's failure to disclose the extensive basement flooding was a misrepresentation. 37. Defendant's inaccurate statement of the age of the residence on real estate listings was a misrepresentation. 38. Said information was material to the purchase by Plaintiffs of the property. 39. Plaintiffs justifiably relied upon Defendant's disclosures, or lack thereof to disclose, when making their decision to purchase the property. 40. Plaintiffs have suffered damages as a proximate cause of Defendant's innocent misrepresentation in failing to disclose the extent of basement flooding and failure to accurately state the date upon which the home was completed. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants for an amount in excess of Thirty-Five Thousand ($35,000.00) and 00/100 Dollars plus such other relief as this Court deems just and reasonable. COUNT IV BREACH OF CONTRACT 41. The averments set forth in paragraphs 1-40 are incorporated herein as if full set forth. 42. Defendant's failure to correctly install and ventilate the furnace located at the premises constitutes a breach both of the Agreement of Sale and of an Implied Warranty of Habitability. Page 7 43. Defendant's construction of the premises to include improper spacing of basement support columns, excessive loading of basement columns, incorrectly fastened floor joists, improper stairway configurations and missing railings, inadequate window sizes for emergency egress from bedrooms, improper grading of lot for water drainage, deficiencies in foundation construction, negative slope on concrete porch slabs, inadequate rain gutter configurations, routing of dryer vents through HVAC ducts, incomplete installation of radon venting system, insufficient attic ventilation, and crushed waste lines resulting from foundation settling among other defects has rendered the premises unsafe, unsanitary and thus unfit for living, which constitutes both a breach of the Agreement of Sale and a breach of an Implied Warranty of Habitability. 44. As a result of Defendant's willful breach of the Agreement of Sale and of the Implied Warranty of Habitability, Plaintiffs desire monetary damages in an amount in excess of Thirty-Five Thousand ($35,000.00) and 00/100 Dollars, which sum reflects the combined estimate obtained to replace the furnace and correctly ventilate the same, and the estimate to correct the enumerated structural defects and code violations identified in the Criterium-Yingst Engineers limited inspection report to remedy the situation. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant for an amount in excess of Thirty-Five Thousand ($35,000.00) and 00/100 Dollars plus such other relief as this Court deems just and reasonable. COUNT V PENSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW Page 8 45. The averments set forth in paragraphs 1-44 are incorporated herein as if fully set forth. 46. Plaintiffs purchased real estate from Defendant primarily for personal, family, or household purposes and suffered an ascertainable loss of money as a result of Defendant's use or employment of a method, act or practice declared unlawful by the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. 47. Defendant's acts and omissions constitute a violation of the Act in that: (a) Defendant represented that the real estate in general was of a particular standard, quality or grade when it was not up to those levels; (b) Defendant represented that the residence was built in 2000, when in fact, three feet of water flooded the basement of the property in September 1999; (c) Defendant engaged in fraudulent or deceptive conduct which created a likelihood of confusion or misunderstanding as to the issue of basement flooding. 48. The ascertainable loss of money suffered by Plaintiffs as a result of Defendant's use or employments of a method, act or practice declared unlawful by the Act is in excess of Thirty-Five Thousand ($35,000.00) and 00/100 Dollars Dollars. 49. Plaintiffs desire three (3) times the actual damages sustained and such additional relief as provided under 73 P.S. §201-9.2(a). 50. In addition, Plaintiffs have incurred, and anticipate incurring, reasonable attorney's fees and court costs in pursuing this cause of action and desire the complete recover thereof under 73 P.S. §201-9.2(a). Page 9 WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in favor of Plaintiffs and against Defendants for an amount in excess of Thirty- Five Thousand ($35,000.00) and 00/100 Dollars as well as interest thereon at the legal rate, and reimbursement of all reasonable attorney fees and costs. Respectfully submitted, Law Offices of Craig A. Diehl Dated: 3 a, O /V 6 By: 0j"t'o,(I- ' t Craig ,V. Diehl, squire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717)763-7613 Counsel for Plaintiffs Page 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, husband and wife, NO.: 2006 - Plaintiffs VS. JACOB B. BUCHER, JR. d/b/a CIVIL ACTION - LAW J&K'S HOME IMPROVEMENTS, Defendant VERIFICATION WE, KEVIN P. SLATER and ERIKA L. SLATER, VERIFY that the statements set forth in the foregoing COMPLAINT are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. Dated: z' c ?o Dated: i -,-") L) - C) t",2 evin P. Slater i 1. Erika L. Slater ?jf v UfY1 7u:i. -Al ?o ,?x? ? ? ?? 2259 WOODLAWN ST. HARRISBURG PA 17104-2799 TO: Kevin and Erica Slater 103 Sgrignoli Lane Enola, PA 17025 We submit the following quotation: H.L. INC, Plumbing - Heating - Air Conditioning Phone (717) 561-1206 Fax (717) 561-0110 PROPOSAL & AGREEMENT PO Box 3,5 LEMOYNE PA 17043-0095 DATE: December 6, 2005 JOB: 1. To replace present heating furnace with the following: 1 -Armstrong Air GID91 BU075D16C gas fired 91%furnace, 75,000 BTUH input, 668,250 BUTH net output 91%AFUE I -Honeywell TH51 I OD] 022 digital heat/ cool thermostat 2. To remove present furnace from premises. 3. To connect new furnace to present supply and return ductwork using fiberglass duct board. 4. To furnish and install new condensate piping for new furnace and existing air conditioning evaporator coil. Condensate to be drained to a waste pipe in floor near water heater. 5. To furnish and install new combustion air and vent piping using PVC pipe and fittings. Combustion air and vent piping to be installed according to Manufacturer's instructions and the International Fuel Gas Code 2003. 6. To connect new furnace to present power and control wiring. 7. To furnish and install concrete block under new furnace. 8. To relocate and re-pipe PVC vent pipe for existing gas water heater according to Manufacturer's specifications and the International Fuel Gas Code. 9. To furnish and install a gas shut off valve at Gas Tite manifold for piping leading to the stove. 10. All material and labor is warranted for (1) year from date of installation. Please see accompanying literature for Manufacturer's limited warranties. All material and labor furnished complete. For the sum of $2,895.00 H L Bowman, Inc. is an Equal Opportunity Employer 2259 WOODLAWN ST. HARRISBURG PA 171042799 Page 2 H. L. 000F aj INC Plumbing - Heating - Air Conditioning Phone (717) 561-1206 Fax (717) 561-0110 PROPOSAL & AGREEMENT PO Box 35 LEMOYNE PA 17093-0095 Alternate #l: Ifa Honeywell TH81 IOU1003 touch screen programmable thermostat is desired, ADD $135.00 to the base price. Alternate #2: If an Armstrong Air 95% variable speed furnace is desired ADD$895.00 to the base price. The equipment change for this alternate to be as follows: 1 - Armstrong Air G2D95AU080D16C gas condensing furnace. 80,000 BTUH input. 76,000 BTUH net output. NOTE: Price firm for 60 days. TERMS: 1/3 down with signed copy of proposal, if proposal is accepted. Balance, in full, due within 30 days upon completion of work. This Proposal is Accepted by: Purchaser Date H L Bowman, Inc. is an Equal Opportunity Employer Ms. Erika Slater 103 Sgrignoli Lane Enola, PA 17025 C W FRITZ C IN% CUSTOMER SATISFAMON Nll? COAL/ 418 Oak Street Lemoyne, PA 17043 (717) 766-2582 800-343-9243 Web Site: www.cwfritz.com E-mail: sales@cwfritz.com We are pleased to submit our proposal to furnish and install heating in your residence as follows: I ea. Lennox G5 IMP-36C-090 gas furnace rated at 82,000 BTUs with an AFUE of 92.1 % Removal and disposal of existing furnace. 1 ea. Wall termination kit. Reuse the existing thermostat. All necessary sheet metal alterations and connections. All necessary flue pipe alterations and connections. Vent the furnace through the end of the house, north side. And vent the hot water heater also through the north side of the house. All necessary electrical power and control wiring alterations and connections. All necessary piping alterations and connections. All necessary labor required to complete the installation. Warranties on the above are five years on parts and labor from Lennox, and a Lifetime on the heat exchanger. Any warranty work done by other than C.W. Fritz Co. may void the warranty. The warranty does not cover failure due to abnormal or improper use, voltages, lack of maintenance nor failure caused by associated parts. This estimate is for the quoted items only. Any additional work required due to unforeseen and existing conditions will be done on a time and material basis and only after customer approval, The charge for this work is $ 3299.00, 1/2 to be submitted with acceptance of this proposal and the balance upon completion of the installation, Alternately upon approval you may make monthly payments of approximately $ 274.00, for 12 months with no interest, the balance payable in full before the end of the chosen term. Add to the above an investment of $ 344.00 for a Lennox G61MP-48C-090 two stage gas furnace rated at 57,000 BTUs on low stage and 83,000 BTUs on high stage with an AFUE of 94.1 % and a two stage programmable thermostat. Add to the above $ 299.00 for a BMAC box media filter. Add to the above $ 375.00 for a Honeywell humidifier installed at the same time. All work to be performed during normal working hours 8:00 AM to 4:30 PM, Monday through Friday. We thank you for this opportunity to quote and trust that we may be favored with your most valued order. Russ Miller Page 1 11/23/2005 IENNOX We thank you for this opportunity to quote and trust that we may be favored by your most valued order. We agree to furnish labor and material - complete in accordance with limited specifications, and subject to conditions found on this agreement for the sum of FR1TZ C. C ? OUR ? O 100% CUSTOMER MnSFAMON Nk?COALS 418 Oak Street Lemoyne, PA 17043 (717) 7662582 800-343-9243 Web Site: www.ewfritz.com E-mail: sales44cwfritz.com Dollars Payment to be made as follows: 50% upon signing the proposal and the balance upon completion of the job, or one of our approved purchased plans. PERMITS: Some local municipalities require permits and inspections. Due to the uneven enforcement of this policy throughout the mid-state region, no permit or inspection fees are included in this proposal. Should a local permit be required, the customer will be responsible for obtaining the permit. Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. The undersigned has/have executed this agreement intending to be legally bound hereby. Owner/Agent Owner/Agent Respectfully submitted, The New C.W. Fritz Co. Authorized Representative This price is in effect for 30 days. Date Date CONDITIONS We reserve the right to postpone or suspend work in the event of nonpayment of invoices. All material is guaranteed to be as specified. All work is to be completed on a workmanlike manner according to standard practices. Any alterations or deviation from specifications involving extra casts will be executed on only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. A service charge of 1 1/s% compounded monthly shall be added to all amounts not paid pursuant to the terms of this agreement. Those executing this agreement represent that (he is) (she is) (they are) the owner(s) or agent(s) of the owner(s) of the property described in this agreement. Should the obligation accruing from this agreement be referred to an attorney for collection, owner(s) agree(s) to pay legal fees in the amount of 15% of the total agreement price. IENNOXe 2/18/20D6 9:30 A FROM: Fax TO: 717-463-8293 PAGS.: DD5 OF-0D9 02/16/2004 12:24 FAX 717 652 5180 REMAX PROS X001 06/01/03 FRI 00:10 FA% 717 737 7120 CENTURY 21 PISCIONEAI. .- SELLER'S PROPERTY DISCLOSURE STATEMENT I proptsty Address .. .- s z ? a s setter 4 A Seller must disdns0 TWO a bW.-r all known matrrrial defects about property being sold that are not Tway observable. This disdrn sere 4 o 5voca orrt is designed to a,Wisi Seller in complying with disclosure INUFF11WAM and m assist Httyer in Milinting the pmpcrty belt $ s coueidratd_ s r This Statement discloses Seller's knowledge of the condttlon of the property as of the daze signed by Sclle- aad is on. a substitute for r s any insPaUt as or warTantin that $nyar may wish to obudo, This $t*mcut is not a vratanty of any kind by Salter or a Woffuty or a s repmscahaion by any Wring real estate broker, any sell%., teal astate broker, or their licensees. Buyer is em*uaged to addtnss cortceraR t sa about the ConcUons of the property that may rot be included in this Statement. This Statement does am rel eve Sclier of fbc obligation to rt to dkw:tose a mawmal dotbat that may not be addressed on this form- rt Ta w material defOCT is a problem with the property or any portion of it that would have a significant aavem; impact on the value of the is is uesidcalial teal property of that involves an na vAtonable oak to people on the Iand. w 4 u ;s L SHr "I.S JUMERTIM Sellcr does not posseas %Verdse in coatracting, engincering, architecture, -n- other areas related to the v is conskuction and conditions of the p olmV and its improvements, cxtxpt as follrnvs: it . r. 2 (DrCUPANCY J 17 is (a) ?o you. Shctw eaacntly occupy this praperty? ? Yes Pf Ne to •10 If "no," when did you last Occupy the property?Z It • to (b) Have there lira any pas living iu 'he bause or om dross rlaang Your owner-ft? Isr Yes ? No w n If "yam." desenbs: 21 22 9L u 3. ROOF A u (a) 1)a? roof instaFxrl: ad6 lyoeu,rren?d? ? Yes o No ? Unijlown zs a; (b) Has the tee berm rWiacsd Or Tapaiced doting your ownW.;hip? D Yes No as R (c) 1F yes" men Wcexisring ahiogiex romoved? ? Yep ? No ? Unlmvwn 25 zi (d) Fins the eocf eve loa]oed during yore' ownership? ? Yes No 77 as (e) ?o you know of any problems with the, roof, gutters or downwoum? Yes R No w V FAPIB n any .yes., answers that you give in this section aftj k .22 93 at a ?BAWiSPA(7S'(?omPt?oeonlY:Fapplkatde) 31 32 to) Does the property have a sump pump? IffR Q No ? Unknown az 33 -(b) Are you aware of any Watati-CAAM acrvmuia 'on, or dmapaew within tbt basement or crawl spaces Lf Yet id No ar 9a "yes, describe m detail: 54 $ `? - other r pia ?2-l s 36 (c)Do1/Yan know any repairs or other attanp to eonimi aqy waxer or dampness problem is the haaen eat c,F crawl spate? P sr M&Y ? No 37 sp If ryes," describe the location, extent, date, and name of tlu; person who did the repair or control effa -L.- se 4a 5. TERNIlTE9IWOOI/-DTi?rTADY1N IIv9R_C+t'S, llRYROT, PRSTS ? 40 41 (a) Are you aware of any termites!wood-destraying insects. dryrot_ or peso atl'ectigg the property? Li Yea C?t'No 4Z (p) Are you aware of uuY damage to the ptnperry CA096d by knuiteVW0064eshnying insects, drytl)t, or prsm? ? Yes Sri' lVO rs 43 (c) Is your property c1mendy Under corttraaby a licensed peso control oaapmry? ? Yes [ o / 43 m (d) Are you aware of any tanuildpmt contol reports or imetments for the p eopeny in the last five years? ? Yea H No 44 46 &piaia any "yes" ausw-t that you give in this section, tnchxhng the name of any smvicehnahneat I rovw , if applicable:._ es A9 - ns 47 6 MUCPURALUVW 97 4e (a) Are you swats of any pastor pesos watat leakage in the house of other gawturea? O Yes tf--V'o ae 49 (b) Arc yon aware of any pastor pms t movemrnt dating, deterioration, or odner problems with w4rs f wudations, or other ante- as w tmal Components? C l Yea WNo so sT (c) Areyou aw of w1Y pastor present problems with thiveway9, walkways, patios, or retuning walls q j the prupetty? at sz ? Yes [No st sa (d) Is Your au j?{?ryy consttoded with an FAelior Insulating Fmiehing System (EWS), such as drivit or ay1 thetic aincco? sa 66 ? Yes LE No ? I.Yoknown 64 as If "yrsi," describe any known problems: u Sb ?? Se 57 sa SPD Page I of 4 seller Ishialp sa ra RFPtnrWAV 4ffaeeinhim of. COPYIRMTPEIM AMAASK CIKIIONOVASAL+aus•Im i 1i?? 9.L117 sot A?WSYIYaMer?re,tyh r A L 2/de/2006 0:30 AM FROM: Fex TO: 717-763-8293 PAGEi 006 OF-009 C . S _ .-? ?.e?I C B= A f \? e },/?, d V, n ).e (r `5 ? vI, i -\- . j '? ,?jc,.5 ?rhZr-}? ce v ? ?v 1 ?^rv?? }'1? 5c Tjnlt? r GAJ,: s 2/.'8/2006 8:30 AM FROM: Fax TO: 717-763-8293 PAGE: 007 OF. 009 Z002 02/1 8/2004 12:24 FAX 717 652 5180 REMAX PROS 0 X1002 8/oi/OJ FAT 09:11 FAX 717 Trip 7129 CENIVFY 31-PISCIDNERS V R - e1 (e) Ale thetit day defesxs in flooring, including sutins? Q Yes 0 No Unlmown s? GU If "Yea," explain: _ eo III et M Fmplain say "yes' answers list you give in this aecttien. When cVtabk% reports to =Mal at mlmir. please descrs3e the loca- m n don and extent of the probiem, and the date and pawn by wtmmt the watt wax dare, it )Mown. _ w Ra ?. ,.?._ fa its 7• ADD11MONSOLF.MODEIS Have you made day additions sencur al changes, or otber sltelations in tie properly? Cl Ycs rru aF w If -yes," describe- 05 w 6r st B_ WATER AND SEWAGE / W Be (a) What is the source of your dunking water? (9"Pahlie Water 0 On-Silo Water (WeU on Ptnpiny) 6% m ? Community water Cl None Q Other (w;plain) tt tt (b) If your drialang water source is as public n 72 Mien was your water lot tested? What wits The result of tite test? 72 r la the parrlping SYStem in working order'] ? Yoe ? No n 79 JfGxplalu; 74 W (c) Do you have a su(tetter, filter, or other puft&oation systtnu? 0 Yes sl-fo n M If "yes," is (he system U Leased ?f tied 7S 77 (d) Mrat is the type of sewage system? N(Pabbc Sewer ? individual OU•19L SaW gc DiMOW System 7 m ? Iadividaal On-lot Sewlige MVosal 5yshm in Pr=mity to Well ? Community Sewage Disp3sid System 7V is Q Ten-acre Permit Fxento n d] Holding T> & ? None 4 None Avm7ablelPerinit l inv41jon8 in Effect n ED ifbuhNadudOft-lo(,whattypp? ? Cesspool O Dmimneld ? uulmowtl ? Other(spetrfy): W st is there a septic tank on the Pmperty? E3 Yes ? No ? Ualmown ai as If "yea" what is the type of tank? ? Metallseel ? Cvmendoomaete ? Fibesgb= ? 17nkaown az A ? Other (specify): as 04 Onc? type of sewage system (Caplan fl: ea U es 18 (e) When was the on :site sewage disposal systellijast scriviced? , at IT (f) Is there a Sewage pump? ? Yes (37 4r r If "year" is it in wodang ordct? M Yes Q Nu I i h d h o - ee as s e ther t e water nit sewage system s are (g) ? Cl Yes fl N 911 If "yrs," explain: as 91 (h) Arm you awzm.Qf uny leaks, backups, a other pmhletns -h1ft to any of the phoubiM water, and sewage-relamd i>Etas? a, a ? Yes a 82 9 If `yes," eKPlaio_ In sr 9. 'LEMMING SYST M ? ? as 95 (a) Type of plumbing: Q Capper 0 Galvanized ? bead OpVC D Unlmown 95 ss ? Other (explain): ss sr (h) Axe you aware of any ptobllxm with any od your pli mbing fitdo154P,Q„ imlhtding bar trot limited to kitchen, lam dry, or halh- a7 9A room betimes; wet bon, but WKor lmater, etc.)? ? Yes WWO os 29 If "yes," explain: 9s ice to. IWAMGANOAMCt7PTDT O;UNG ,m 101 (a) Type OCAVC condTbMUkg: E;r Ceatnl Elt,=C El Crottal C= Q Wall ? Noce 101 102 Numiler of vnudow emits inebtded in sale Q_ Location -w tw (b) List any areas of the house that are ant air canditioned: - r its 704 tat era (c) Type of heating. d $lecpic 17 Furl Oil 0 Natural Gas ? Propane (06-sile) 105 fro Ale thelewood m coal burning stovers? Q Yes RMo If how many? _ Ate they c•urkine ? Yes Q NO ,as to Ave there any fireplaces? 1] Yes Q--NS If "yes," how many? _ Ire they worldag7 ? Ycs ? No 107 to Ocher types of heating systmna (expialu} tae Its - tQ& tit ? (d) Am there toy chimneys? ? Ycs t? 1Vo if 71cs, ltOw maa}rt Are they worlang? ? Yes Q No tit 771 When Ware they last rlctlr ? q„ 14 (e) List tWy areas of the house drat are riot heeter? _ trd ;ter 13 114 (f) Type of wahzheadW- ? Elect& ?' 4 SaSalar Q Other. _ 1 va lis (g) Arc you aware of 'My tnndapro,ted fuel tanks on the property? ? Yes t2r o its rt8 if -ycs'- daswi e' "5 117 If lat is are not owned, explain 1,7 lie ()I) Are you awme of any problems with wy item in this section? ? Yes No ma 119 U •yes," explain: _ 119 ffi p -1JJ?] SPD P2tse2of4 &ambdtiab: 120 21F812006 ®:30 AM FROM: Fax TO: 717-763-8293 02/16/2004 12:25 FAX 717 052 5180 REMAX PROS 2003 05/01/03 FRI o9:11 FAX 717 737 7129 corm 21 _-9003 ur 11. ELECTRICAL SYSTEK Arc you aware of any problems or repairs needed in the et l system.' ? Yes a-, o sZI 122 If "Yes" explain; _ 122 in 12. OMR EQUIPMENT AND A PPLfANCR5 INCLUDED SALE (Complete esay It appliw6kapplbwhk , ut M F.clrop4mear and appliawea ukimately included in the stele will be detzmaned by negotiation and atxmdigg to the 1m1ns of Itie lay 12i ABT?pent of Sale. 1$e 126 (u) Gf t dc Gauage Dwr Opener No. of Transmitters S k D (b ' w mo e ) olagion How maay7 Luuaaoo A? y??Ae 4.. _. t n In (c) (3 sec urny Alarm System p Owned ? lRaXed 0 Le ana blbrm$tlpL 128 129 (d) ? Lawn Sprinkler No. - 0 Automatic Tuner try tar (e) 0 Swimming Pool 13 Punt Renter E3 Spa/Hot Tub Isa 1a1 PovVSpa Equipment(Iist); 131 132 (f) ? Rafilgnator E Range ? Microwave Oven e biahwasfirr p Tra b Compactor bage Disposal 132 1s9 (g) O Washer 0 Dryer "a 134 (b) El Intercom 124 135 (1) D Calling Taus No. -J-- Location Ffl t r ?Ua+M? 12s 136 1 _ (j) ? Oboe-. Are a ite s in Ibi s ai i d f i ? 33 m n s c o ou n nee repa r of replacement El Yes H No ? Unkno .vn 1n tee if "yes" w0ai0:_ 136 in 13. LAND (SOILS, ABAINAC4 AND BOUNDARIFS) ? IN 146 (a) Are yon aware of any fill or expamire sell on. I& Taoperty7 13 Yes l3-Po 140 141 (b) Ara you aware of any sliding setdia& agate movement uplu iraL 9absidence, or M'ffi slob ity problems dam have occurred on 141 tax or after the prpperty7 D Yes WN0 142 143 Note to Buyer; 77teproperty may be subject m mine Tabndence damage. )raps ofrhe couruies and n iars where mitresabridence rw w damggemayocc?andmimitsbiidcnceursuraweartravalablethrong/lDepaetmentofFmvirontvt3lalPtotac4onWineSubci-1444 1n6 dance iusuiaacc Puml, 3913 Washimglan Road, McMurray, PA 15317 (SM) 972-1679 (within Rem 1 ylvania) or (724) 941-7100 Its fns (Outside Pannglvania). 14 14't Co) Are you aorue any =WW ur ptOpoled mining, SWP mmlrrg, or' any OtbMr excavations that might ailed 9ti9 prlpe.dy? ,Of rsr 140, ? Yee RIND 14a up (d) To your knowlt:d e, is ilia g ptoplety, orpact of it, located in a Flood zone or wetlamda arw2 ? Yci $'1''0 14s >_R (e) Do you lmow of auy PUT m present drainage of flooding Pmblems affectiue the propatty?P Ya B'lp ,w is1 (t) Do you know of any encroaehmcnlE boundary line disputes, areasementa7 ? Yes No ref ta't Note In Bayer! Mort properties have tdsemena ru zaing across theft for luiliry xarviees and ruler ryasant. jr, many cases, the tae ism easelnemtr da near restricr the ordinary use of the pyvperty, and Seiler May not be readily atwira of rflerm Buyers may wish io 1m VA detarmima Aar existence of easements and resrricrions by exarandng rite pmpeny and ar&Ping an Atsoiaa of 7ir'le or searching ts1 155 the rerat121' in the Offue of Ala Retarder elf Deeds for the caouy before rmerw* two an Agme?rrenr c rSak- 136 IM (g) Are you aw any shamd or common areas (e-g., driveways, bridges, docks. walls, etc.) or warm naoce agreements? 1st 127 4 Yes B'No 1W im EMA4131 MY 'Yes" answers that you give in this section: 156 I% 1St 14, lei lax 1s, 144 M to 11a 1ta Irv in, 172 Ira 174 Its In in 178 179 1W Ile In A42ARDOUS9UBSTANCLrS tGd (a) Are you aware of any ondergrouad tasks (other than fuel mh) or hazardous suhsmne s present oa the property (Mrvtrne or still) 161 Such as, but not liming to, asbastos., PolycWminwed biplimla (PCBs), Ureaforma(dehyde Foam Inwlation (Mfr), Cie.? 168 a Yes La' o (b) To your keen adge, has the property beau tested for any baardms substaa=? ? Yes ! itlo 1ss Ifia (c) Do you brow of any Omer environmental concerns slat might impact upon toe property? ? Yes No Pgllain any"yes" enswtas that YOU 71IleVe in d3iS. IM yv cdon 1ss (d) Do you lmvw of any tests for radon gas that have bean purfotmed in any buildings our the property? ? Yes No If "yts," list date, type, and tesmts of all tests below: Data TYFF or Test RESULTS (picoenriudfitcr or working levels) MArIR 07 ;1)AT to Sutra, (c)• Am you aware vt any radon removal "am on the ptepeecy7 ? Yes No If "Yes" List doa insmllcd and type Of system, and whedbar it is im wocking order Wow, DAZEIt4scstr.» 'lyre OF 7VSTMI PROVrowt ?v W SPD Poge 3 at 4 PAzE, 008 OF-009 WORK106 ORDER 11 Yas d No ? Yes ? No ? Ycx ? No 167 tae rev fro 171 m V1 174 M 1n In ITS 179 160 161 seller amid. 1a 2/28/2006 9:30 AM FROM: Fas TO: ill-163-8293 PAGF+ 009 OF-009 ooA 02/16/2009 12:25 FAX 717 652 5180 REMAX PROS ?it0a CBIiT[IItY.21,_pl.9CI[rNE1cI 09/01/09 FRI 08:12 FAX 71T 787 71E9 ,® M .If properly was consliucud, at it construction teem, before 1979, yon mast disclose any knowled3o of Iced- ton rile 183 a 124 4TN M pmpeay. Art you awaao of any lead-based paint or lead-bases paint haurd% on ft property? ? Yes eta if "yca," eaplaitt bow you imaw of it, where)t is, and the wndintnt of those lied-Faxed paiiu meld ea. 105 tab -IN tsr (gJ IFparpetty was cOmatmcted, orif cooatraction began, btfum 1978, you munt disclose a,y xepcw a: reoords of )cad-ba%d point tar ins at lead-based paint harads on the pmpert$ aware of any ttpa116 or.recortds nagardiag le:id.bued paint or Iead based +se Ira palerbazardsotlThtptapnty? ? Yea No Ira ISO Y "yes." list ail available reports and meconlF. Ica tai tm ran 75. CONDONIIMWAS AND OTH 11ONWA)WNER.ASSOCIATIONS (COOnplete am)y if apoiPable) in Its Type" ? Condominium ? Coopcrariye ? HomeowuerA.csotaeti? or P1annGd Cowmrmiry Ila 749 Other tea ,g, Noaaw regnraft fnnndowrauu sr, Cooperula m and Phtem d Conttaua9ies: Aoeordtm to Section 3107 of tee Uniform Condo- 1% Ica miniam Act (68 Pa C.S. ,§3407 (relating to mode of wrua) and 68 Pa. GS. §4409 (retaring to reside gl'rnoperndve kdamnsll and tae Ise Section 5407 of the UnPrm Planned community Act 166 Pa. C.T §5407 (amWing to resale of uaur)l, a buyer of a resale udr in a tgr tae candmnintan cooperative, or planned community moat receive a copy of the declaration (odicr than r.ie plats and pleas). lire by- tee in laws. dw roles or regatkniorcr, mid a cerukrate ofmaule issued by dlte association in Jha condminhomt a operadve, orplwuwd fern, Iss ma manly, The buyer will have the option of caftwl ng the ageement whA the retam of all deposit monw tadil Jhc ccytiflcate has been am 2111 provided to Ae buyer andfor f ve days rhemafter or unW coraoyattca. whichever occursfrrsr. ws = 16. NIIS(SR:LT.ANEOUS 2M ma (O Are you awtue d try historic presetva6na rmzuicticm or oWmanec or acbeologicai designation as sociated with the ptopeny7 rm M O Yes 12190 and an (b) Are you aware of any eaisfung or threatened legal action affecting the property? ? Yes No '2W tt% (c) Do you Into- of my violations of federal, state, or local laws or Iegaladons mlA ivT to tins property' ? Yes win fns W (d) Are you aware of any public i.nproveneaa, cundondaumt or narmeuvmctrwnda8oa ssaesameu? agw 75tibc pmpaw Tiler remain sot 2m unpaid at of any violations of zoning, hosing, boildiag, safely or fag oadiawta.-a tbar remain tccorr:mtcd? 13 yes or lJo rm M (e) Ate you awae of aryludgmeut, anaamtm stm, lien (for a suMle, eo crake or a4,&Y jinn}, overdue pyto m o sopinrt oho(- its 210 gallon, orotber debt against Ibis property that cannot be utisfitd by the prowods of this sale? ? Yes (r No aio W (t) Ate you aware of my teas adiag a defect is tide that would prevent you ffrmt giving a wwAaty dzd or cartveying title tothe rat Rte property? ? Yes pal No na at•. (g) Are you airue, ' mnp material dcfetts to the property, dwelling, or fixtures which are not disclosed a:9ewbme an thm fond? ran 214 n Yes No era as A material defect is a problem with the pmpwy or any portion of it that would have a sigmftoant adv, 5sc impact can the value of n5 216 tbo retadnm(al seal property or that involves an uwasonablo risk to people on fine land- ors W Explain may "Yee answats tbat yon give in this err tae _- ---?-. .?--- - ZA 219 XV zm The trades SeAet represents that the lrdbrmalion net forth in this dinrtos;ae staleacat is acrm ale and fvmptete to the beat ate at of ScRees knowledge. Seller hereby anthorim the l.iM9 Broker to prvdde this informsti m to prospective "am oy the prop- ptr = crq and to other real esiate licensees SELLER ALONX IS RH3PONSIBLE FOR THE ACCURACY 0 C THE INn'ORMPATION m as CONTATM IN THIS STAT7;LN MT. Seller shaIl cause Boyer to be notified in wri8ag of stay Warnabon anpptied on this form W m vMkh is rendered htacmrate by a ebaup in the condi ioa of the property Igpovting awropIction liar krm xv as ? 2" SELLER T)A'PE Q?zao Z7 wr[T SS ---? SETIUM DATE _ ?xr ma WFININS SELLER _ iaAT'E 223 2" We M 282 an tie na av as zt° ze 234 tIs 296 2p ran aaa ten ra¢ m F-P SPD Page 4 of 4 zes zr, ass ass eta at 242 29 2aa ,??t?,-? 2/2812006 9.30 AM FRnM- F- I'. 917_111_AJal ? Ned 7Ii vqw , ?i r 121-019 I PA 09 :, ? ? 07 'ga913 (94-0004337 004 NFIRS -1 - .mot ::.;m-.[ : .a!:e a 'acsr su!'i•ea- .? EDM1d d iFy. i:i -I Loci±ionok ? _ , '.. street. address I]Zntorsootion 1D3 "Isg-r-inol.i 1 JLN J L? ? O Rear of JEnola I PA 17025_? .1 1 [Adjaceat to '.-s', ..-,• _...,.;.c _.., Directions L..? } I C Incident Type it El Date r Times Midnight is OODO E2 Shift & Alarms 80D IseveT.n Heather or natural ( `? r - Hjnth Da Year llr Min See r„ctd -r + y « D -"` I I L-9 1 Given or Received* D Add f Alarm * L 091 L GJ L ____199J 108 :30,00 - :[Y T_ai v. at. 2 ?i3utval aid i d Nl IV •L n*3'3 tl• LleNer 1 3 a!' •I 1 C.S Ve , rece ve ?j p t _ J 2 L?Aatomstic L? _3 aid reCC`. r_ L-J r x 0 Arrival * I_OS4 07 I 13.94(09 10:00. ( 3 j ] r 3 DMUtual aid given ,. 170H.. .. r , ...:_,n :i.::r r :,... . t Special Studies l f ,1 []Automatic aid given 1]Controlled 1 1 L PL >-, „•.i:,r. 1 5 Ljotber .:.d gibes 11-4 _ r, L N I?NOne • n. '"'- Last unit qq? ' ?n'?7, 2{?0g? ???? -?. Cleared L-°J 4J I C.:pp- 17: 00 1 r,nc•.nr. r,io, r :.t-i 'v.,i. uo ZS' Actions Taken ?} Gl Resources it Gi2 Estimated Dollar Losses & Values .ttd n i,Pa . ?.- 1 E,. _ LASSES '. fl:w:c Isar.:: ^+rrr¢.a:. 75 (Provide equipment .11:A+ rvtt, .v vc ... ,r• -?-:.. None '. Apparatus peraoiulel Property $1,_.1 ,. 000 0061 0 suppression I_I Contents $1 1 000 r ODD A F F 7 HRs PRE-INCIDSMT VALVE L I I J ; other L ±002 0003 J_ v-- - __ Property 000 001 ? $1 { , ? D El +?- -- -- . I Contents $L? F O2_OJ vL__2_0 0 0 Compl ted ldo dales lttr Casaalti?s[]taone H3 Hazardous Matorisls Release 2 M ix ed use Property ?F'-rg-2 Deaths Iajuri»9 N Elsond NN Not YL" StrUCtur@-3 ? Firs s i L ? ?? 1 1]•Natural ca s: 1a«.L eo A t to Y0 Assembly USe jy`dl]Cat10R i.:-n.. j ?Ci. vnl Fire C.3.:.-4 srv cs _:.. 2 LJ C't ProPape 9as' n ec ?A -] 33 Medical use []Fire sere. Last.-5 Clvilian1_ 1 1 3 ?Ga-Dline: 40 Residential use Ems 6 ? ,_ 51 a ROH of StOr®A . -H azMat-7 J DB _.cter 4:1]rBron n9` - Y'm Lv?ix3 yuipa, P :e41e «curv3v S ?DieGelfuel/EUel oil :,«t, YA nte x Ymi 3 ncloe i 1 UWildlaad Firo-fl 1. ?m• _?z r.1 x ? ^u?,tF e . . e ?aA= 6 (]HOU9sbold solvents: s«.»/..e_„e m:n, da«anuP =+?r 58 59 Aas d -Bus. 6Residsntial office use . LIApparatus-9 ?1PSisonnel-10 ? ?n _ax:ccr did n .t Alert. tod:n 7.QMOtor oil.: 60 63 Industrial use Military use ?Arvon-11 . :i?UAIC.+l?4.1 ... 7 ea Q ©Ot23Er3 9BFCiv1 Sa siu .? 5e4u1roJ of v all > 65 () D Para use Oth i d _ ., p Flxse c 3e Le Il.n AsMlat S er ID Aui usa y'f Property use* stxactures. 341[] Clinic, clinic type infirmary 539.1] Bousehold goods', sales,repeurs 342QDoctor/dantist office 579 ]Motorshioln(boat sales/repair 131 LJChurch, place of worship 361[]prison or jail, not juvenile 571 ? lads or service station .161 []Restaurant or cafeteria 419291-or 2-family dwelling 599 ? Uusinsas 'a£f?co 162 I?Sar/Tavsmn or nightclub 429 []Multi-familY dwelling 615 ? hlectrio generating plant 213.?rlemants_cy school or kindergarten 4390Rooming/boarding house 629 [#Laboratory/ science lab 215 []Hiah school or junior high 449conasrcial hotel or motel 7 factvring p;ant I] - 00 ?hv]u ,241 ?Collsge, adult 'education 459CResiden till, board and care 819[7JLivsFstoc1-.Jpou1try storage(barn) 311 QCare facility for the aged 464 [DOr'mitory/barracks .882 nNon-residential parciag garage 331.[]H-apital r_ 51g Food and bevera 1] ge sales 891 [].Warehouse Outside 93.6 Q vacant lot 981 ? Construction Hite 124 ?glayviround or park 938 C]4?radedioare for plot of land 984 ? Industrial plant yard. 655I]Crops or orchard 946J]Lake, river, stream 664 Fa2.9st (timoerland) ? 451 []Railroad right of way .; : ; t+ ^•e .?', , r' 817 u o e s area _ ... ?y ??.,. 960 f IOthsr street P 1 Y IJ 419 rP rttM 919 [3 []DDump or r sanitary 7aadf ill pELr rC V use 961 []Highway/d.ivi.ded hi9hwav 931.[ OPiin :Land or field 962. QResidar Lial street/driveway 1 or 2 family dwelling - _ - -J NF'IR9'1 Revision 5771 1 / V9 _1 G4C .°: •.' .2? Jv 19!)2 J9 J?w/°?' 21;812006 8:30 AM FROM: Fax TO: 717-763-8293 PAGE; 003 OF•009 KI Person/Entity Involved I u u u-J_I ._.--- u •1 CFr k,v ¢ ° ate. .! .. _ n u I ua t u ?. ;n c [ r- ? u 4 1 u _ d,l - ' ?Mo?e people in1111ed? Chsck this bas and attach Supplemental roxma (NSZP.S-ls} as necees se . y K2 Owner Ej a: i>•cal ntl ;;: uai.. .r P. e, u ? - -s-r•r I u I u ? ? I uJ d _ .. ;ac ! it 1.1111;11-. .. .s,. vanes nsc i;are q .N Ux {i u uI 1 { uI I u - YPe Sul rx I I ? 1 { _ n -? L Remarks )"'0 <hmt:v. 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D 2/28/2006 9:30 Al, FROM: Fax 70: 717-763-8293 PAGE: n04 OF 009 Listing Custom Detail Pag( MLS X List Price Address City Mun Area 0, Dev r n, aI$) s.1?;.s Schf Dist Glass Residential/Farm Type Detached Zip 17025 Cumberland 10093105 5176,000 !D3 SGP.IGNOLI LANE ENOLA East Pemsboro 6 3ARLIN FARMS East Pennsboro # 8drms 4 Baths F 2 H 1 Handicap # FP Levels 2 Din Rim Dim 12X14.5 Level I Desc ZI9 - Wood Floor SDI Dim Desc Fam Rm Dim 135X22 Level 1 Desc Z15 -Ceiling Fans BD2 Dim 9X16 Level 2 Desc Z312 - Window Treatment Den BX33.5 Level 1 Desc ZI12 - Window Treatment 1303 Dim 10X12 revel 2 Desc ZI12 - Window Treatment Kitchen 14,5X2"_ Level I Desc ZI9 - Wood Floo;' SR4 Dim SX10,5 I-eve) 2 Desc ZI12 - Window Treatment Laundry Room Level I Desc Desc Virtual Tour Desc Tax 2921 Tax Year 2002 Square Feet Above Grade 2488 year Built 2000 Acres Lot Square Feet Below Grade Till Acres Past Acres Square Ft Source Public Records Condo Fee Fee Frequency Adult Community Warranty Yes Coast Frame Ext Stone, Vinyl Root Composition Appl Deck, Porch, Storm Doors, Exist, Storm Windows, Exist Ext Fea Range, Dishwasher, Disposal Equip Smoke Detector, Whirlpool Tub, Garage Door Opener, Cable Dining Eat-In Kitchen, Formal Dining Room Parking 2 Car Garage, Attached, Paved Drive Coal Ceiling Fan, Central Air Amen Park, Playground, Shopping Mull Heat Forced Air, Natural Gas Misc. Rats Den, Family Room, Foyer, Laundry Room, OtiiceJComputer Rc Assoc Amen Aux Heat Basement Concrete Floor, Expwed/1Wa1kc Wtr/swr Public Sewer, Public Water Lot Sz Less Than 1/4 As Lot Desc Level, Sloped Age 1-5 Years Rd Frntg Use Out Bldg Barn Type Barn Inc[ Fm Equip Fence Electric 200 + Amps Occ Tenant Zoning Residential Remarks 3 YR YOUNG 4 BEDROOM CUSTOM BUILT. GETPSSURG" STYLE HOME ...OVER 2,400 SQ Ff. HDWD FLRS GRACE LR, DR, KIT, & FOYER. MANY UPGRADES INCL 2 WHIRLPOOL TUBS, OVERSIZED 2-CAR GAR, 1OXI6 DECK, 1ST FLR LAUNDRY, & XTRA LG EAT -IN KIT. BONUS: BUILDERS WARRANTY & STAIRS IN FRONT IF YOU LIKEI INTERIOR MODIFICATIONS AVAILABLE W/ACCEPTABLE OFFER. JUST APPRAISED AT $183,4001 Dir WERTZVILLE RD,, 5/EAST PENN DR, RIMAGARO, R/SCRICNOLI, TO HOME ON LEFT. Listing Type Exclusive Right Show Call List Office, Lockbox Lock Box CPML http:I/cptn t. fnismis. com/PubLink/C.u stomLayout. asp?G7L,1D=9°7958' I -43 9a-45ao-9502-?88443 bae3 9d8 -.. 8/25,121103 ILI 111111"" January 11, 2006 Mr. and Mrs. Stater 103 Sgrignoli Lane Enola, PA 17025 Re: Limited Inspection - Construction Deficiencies - December 23`d, 2005 103 Sgrignoli Lane Enola, PA Job# 05-0707 Dear Mr. and Mrs. Slater: INTRODUCTION At your request an inspection of the above property was performed on December 23`d, 2005. The report that follows has been prepared based on that inspection. The primary purpose of the inspection and this report is to evaluate construction quality of the home. In addition, to the site inspection, I also reviewed the following documents that you provided: • Certificate of Occupancy for this home, dated September 12, 2003 • Electrical Inspection certificate for this home, dated September 11, 2003 • Notice of Intent to Construct and Comply for this home, dated January 1999 • Application for Permit for this home • General floor plan layout, plot plan, and description of this home, 8'/z x 11 sheets This inspection was performed by and report written by David L. Stakem, P.E. Further, the project has been supervised by Stephen M. Yingst, P.E. As you requested, this evaluation is limited in scope, focusing on the construction quality only. This inspection report is primarily limited to observations made from visual evidence and a review of the provided documents. No destructive or invasive testing was performed and we reserve the right to add to or modify our comments should further evaluation be performed or additional information be provided regarding the home. slater January 11, 2006 This inspection and report have been conducted in compliance with the standards of practice of the National Academy of Building Inspection Engineers. DESCRIPTION This home is a single family, two-story residence with vinyl siding on the exterior and an asphalt/fiberglass shingle roof surfacing. There is an attached garage at the left side of the home and there is a full basement under most of the structure. According to the documentation provided, this home was built in 1999 and the certificate of occupancy was issued in 2003. You reported that you took ownership of this home in September of 2003. For purposes of this report, all directions (left, right, rear, etc.) are taken from the viewpoint of an observer standing in front of the building and facing it. INSPECTION FINDINGS During our inspection, there were a number of major deficiencies as described below that either do not meet typical building standards or are not compliant with typical workmanship standards. This home was reported as being located in East Pennsboro Township, Cumberland County. According to the documentation provided, the 1995 CABO One and Two Family Dwelling Code' was in effect for the township when the home was constructed. Estimated repair costs for the noted deficiencies are provided. These costs are based on the "2004 National Construction Estimator", Craftsman Book Company as well as our experience with local labor and material costs for similar projects. As appropriate, the Craftsman Book Company rates were adjusted for inflation and local area factors. Note that the cost listed under each individual item is the subcontract cost only and does not include normal general contractor supervision, overhead, profit or any contingency. At the end of the report, additional cost factors are provided for the general contractor's supervision, overhead, profit and contingency. 1. Several major problems were observed with the structural framing of the home: a. The support columns in the basement are not properly spaced and the girder exceeds its maximum allowable span. The main girder for the home is constructed of a built- up wood girder. This girder is constructed with (3) - 2x10 framing members and spans the width of the basement. There are three support columns supporting this girder and the ends are supported in masonry pockets on the foundation. The left column is under the stairway and was reportedly installed by you. The span from this column to the next column is 129'/2", the span between the two center columns is 128%2", and the span from the right column to the foundation wall is 131". The maximum allowable span for a built-up girder constructed of (3) - 2x10 members is 5'10" (70") for a two story home of this configuration.2 t CABO One and Two Family Dwelling Code, 1995 Edition, The Council of American Building Officials. 2 Table 503.3.3b, CABO One and Two Family Dwelling Code, 1995 Edition. Criterium-Yingst Engineers 2 Slater January 11, 2006 b. In conjunction with grossly exceeding the allowable span of the installed girder, the two original steel columns in the basement are at the limit of their maximum safe loading. According to the information on the label of these columns, they are 3" O.D. Telo-Post columns, TY - 7'6" with a safe loading of 14,300 lbs. Given the installed centerline spacing and the configuration of the home, the two original columns are currently carrying close to 14,000 tbs of loading. The top plates of these columns are curled from the excessive loading of the columns. Using a live loading of 40 tbs. per square foot (psf) for the first floor living area, a live loading of 30 psf for the 2nd floor living area, and a dead load of 10 psf for each of the floors, the calculated loading on these columns is approximately 13,900 tbs. This loading is evidenced by the condition of the top plates of the support columns. c. The 2x10 floor joists are not fastened properly where they overlap above the girder at the center of the structure. The fastening requirement for floor joists is a minimum of 3-8d fasteners toe nailed into the sill or girder.3 Most of the overlapped ends of the floor joists have two or less nails securing them to the girder and one nail securing the two floor joists together. To correct the framing deficiencies will require that the overlapping floor joists be properly nailed both to the girder and to each other. The over-span condition of the main girder requires that additional supports be in stalled between each of the existing columns to ensure that the maximum spacing of 5'l 0" between support columns is not exceeded. Proper footings will need to be installed to support the additional columns. The minimum footing size for this application is 23" by 23" per the 1995 CABO 4 This will require that the concrete floor in the basement be removed for installation of the properly sized footings. Jacking up of the girder in the areas where sagging has occurred is not recommended, as this can sometimes cause additional problems to occur. Estimated cost to subcontract: $ 2,365.93 2. Several codes violations exist with the basement stairways, both interior and exterior, on this home. a. The interior stairway from the basement to the first floor is improperly configured. The existing stairway has a tread width of 9" and a riser height of 8 7/8". The maximum allowable riser height is 7'/°" and the minimum allowable tread width is 10".5 In addition, the bottom step of the stairway is 6'/4'. Section 314.2 of the 1995 CABO also requires that the greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8". b. The exterior stairway is constructed of treated lumber steps that are supported on a 2x4 plate that is secured to the concrete block with only 4 small Tapcon screws for support of the stairs. There were no indications visible of attachment of the stair stringers to this 2x4 plate. The riser height does meet the maximum height requirements of 7 '/d', however, the tread depth is only 9". The riser on the top step is 9" and the riser on the 3 Table 602.3a, CABO One and Two Family Dwelling Code, 1995 Edition. ° Table 503.3.3b, CABO One and Two Family Dwelling Code, 1995 Edition. 5 Section 314.2, CABO One and Two Family Dwelling Code, 1995 Edition. Criterium•Yingst Engineers 3 f Slater January I L 2006 bottom step is 103/4". Both of these conditions are in violation of the 3/8" variance within a stairway requirement. c. The exterior stairway is not provided with a handrail. Handrails are required on at least one side of the stairway in accordance with the 1995 CABO requirements 6 d. The open side of the interior basement stairway is not provided with a guardrail of proper configuration. The requirements for the open side of a stairway such as this require that no object 4" or greater in diameter shall pass between the intermediate rails.7 These conditions create a safety and liability concern and need to be corrected. To correct these conditions, both the interior and exterior stairways to the basement will need to be rebuilt, with risers and treads of the proper configuration. In addition, intermediate rails will need to be installed on the open side of the interior stairway to the basement and a proper handrail installed on the exterior stairway to meet current and previously established building codes. All stairway components should be properly secured to the surrounding framing components. Estimated cost to subcontract: $ 1,275.35 3. The emergency egress requirements of the front two bedrooms are not met. It is required by the 1995 CABO that every sleeping room shall have at least one operable window or exterior door approved for emergency egress. Those requirements state that the egress shall be not less than 5.7 square feet of net clear opening, with a minimum height requirement of 22" and a minimum width requirement of 20"s The installed windows in these bedrooms allow for only a 16" high by 27'/2" wide net clear opening when the bottom sash is fully open. While the width does meet the minimum requirements, the height and the overall square footage of required net clear opening requirements are not met. Correction of this condition will require that larger windows be installed in the front bedrooms to provide for the minimum egress requirements. This will require that the old units be removed, the walls opened up, proper framing and flashing installed, and the new units installed. Estimated cost to subcontract: $ 4,839.78 4. The grading around this home is inadequate and does not meet the requirements of the 1995 CABO. a. The property to the rear of this home is sloping significantly toward this home. While the ground was partially covered with snow at the time of the inspection, it was possible to observe that the ground along the rear of the home is generally flat, with no appreciable slope away from the foundation, and in some places, negative slope exists. While not totally visible, the grade beneath the rear deck appears to be a local low spot along the foundation. The grading requirements call for a minimum of 6 inches of fall within the first 10 feet of the foundation of the home.9 Where this is not possible, 6 Section 315. 1, CABO One and Two Family Dwelling Code, 1995 Edition. Section 315.4, CABO One and Two Family Dwelling Code, 1995 Edition. s Section 310.2.1, CABO One and Two Family Dwelling Code, 1995 Edition. 9 Section 401.3, CABO One and Two Family Dwelling Code, 1995 Edition. Criterium-Yingst Engineers 4 Slater January It, 2006 provisions for drains and swales away from the foundation are allowable, however no such provisions were visible. b. The foundation walls of the home are constructed of 10" hollow concrete masonry units. The height of this wall from the concrete floor in the basement to the top of the wall is 92" high. The grade across the rear of the home is essentially to the top (or within 4 inches of the top) of the foundation. There were no indications that the foundation walls of this home have been grouted or reinforced in any manner. The maximum allowable depth of unbalanced fill (the difference in height between the concrete floor in the basement and the level of the grading at the exterior) for this configuration of foundation wall is only 5 feet (60").10 The maximum allowable depth requirements have been exceeded on the rear and right side foundation walls, making them susceptible to inward movement due to the soil pressure on the exterior of these walls. Correction of these deficiencies will not be a simple task. In order to correct these grading conditions, significant regrading of the rear yard will be required. The installation of a surface/subsurface drainage system is recommended to carry away storm water runoff. The only option to correcting the unbalanced fill on the concrete block walls is to grout and reinforce the hollow cavities of the foundation walls along the rear and right side of the home. Estimated cost to subcontract: $ 7,940.50 5. The following additional items were noted and are considered below typical workmanship standards. a. The front porch slab has negative slope (%a" over 78") toward the front of the home. With this condition, any moisture on the front porch propagates to the front wall of the foundation, where is penetrates in to the basement walls. On the front wall of the basement, adjacent to the observed low spot on the front porch, there is efflorescence, moisture staining, and hairline (1/16") cracking on the foundation wall. In addition, there are indications on the front right comer of the foundation wall that settlement cracking was present and has been previously repaired. Correction of this condition will require that the concrete slab on the front porch be removed and re-installed with adequate slope away from the front of the home. b. The gutters on the exterior of the home are of standard aluminum construction. The upper gutters on the rear of the home discharge onto the lower roof of the left side of the home. This moisture then flows into the gutters on this section of roof and is discharged to the left side of the home. In times of moderate to heavy precipitation, this configuration will cause the overflow of the lower gutter, with the moisture dumping along the rear foundation of the home. This condition can be corrected by installing a downspout that extends from the 2"d floor gutter to the ground, where it can flow safely away from the foundation of the home. 'a Table 404.1.1a, CABO One and Two Family Dwelling Code, 1995 Edition. Criterium-Yingst Engineers Slater January 11, 2006 c. The dryer vent is routed through the basement, toward the rear of the home. The ducting used for this vent is the flexible type that easily coils and impedes the flow of air. In addition, this flexibte duct is routed directly through an HVAC duct. It is recommended that this flexible plastic vent be replaced with a rigid metal duct. d. There is piping in place for a radon vent system. Since there is no fan on this piping, the system is simply a passive system, apparently using the interior perimeter drain system to allow the radon gases to escape. The joints on the piping on this system are not glued together and the pipes are misaligned. The joints on these pipes should be properly glued. e. In the attic area the roof framing consists of prefabricated trusses. The ventilation of the attic area is provided by soffit and ridge vents. There are indications in the attic area that the ventilation is inadequate. The nails in the roof sheathing are rusting. The bathroom vents are vented into this attic space, placing undue moisture demands on the existing ventilation system. In adequate ventilation of the attic space will adversely affect the expected life of the roofing surface, the cooling efficiency of the air conditioning unit, and potentially damage the roof sheathing. The bathroom vents should be vented directly to outside air and the attic space kept under observation for further indications of excess moisture. If further moisture problems exist, a powered fan with a thermostat/humidistat should be installed for additional ventilation. f The waste lines exit the home at the left front corner of the foundation. The main sewer line is visibly crushed and deformed where it exits through the concrete block wall. This stress is likely caused by the settlement of the soil on the exterior of this wall (nnde.r the front porch slab). Given the current condition of the piping, it is likely that if the soil c^nt nues tc °xcrt pressure on this pipe, a rupture will occur. At that point, excavation will be necessary to repair the broken piping. It is recommended that the exit hole through the foundation be made larger (open the bottom of the hole) to allow for the piping to have some additional room for settlement, should it occur. Care should be taken when opening this hole that the piping is not damaged in the process. Estimated cost to subcontract: $ 6,525.45 As you reported, significant amounts of water have entered the basement during recent precipitation events. The grading and drainage issues and suggested corrective actions outlined in this report should improve the water entry conditions that you have experienced within the basement. However, one of the most important factors in controlling basement moisture entry is the condition Criterium-Xingst lingineers 6 Slater January 11, 2006 of the foundation perimeter drain system. With the condition of that system not visible, we cannot comment on its effectiveness. The following information summarizes the estimated total costs for the above repairs: • Total subcontract direct costs: $ 22,947.01 • General contractor supervision (15%): $ 3,442.05 • Subtotal $ 26,386.06 • Overhead (10%): $ 2,638.91 • Profit (10%) $ 2,638.91 • Contingency (10%) $ 2.638.91 • TOTAL PROJECT COST $ 34,305.78 In summary, it is my opinion that the items discussed above should be properly addressed to bring all of the construction to an acceptable condition. As with any investigation, the above conclusions are based on visible evidence and reported information provided to date. As a result, we reserve the right to review and revise our comments and opinions should additional information become available or additional investigation be performed. This letter is presented as an inspection report and general outline of the recommended repairs. It is not a detailed plan of repair. If you desire, we can provide additional sketches and specifications for the repairs, however, there would be an additional charge for this service. Thank you for the opportunity to be of service and please call if you have any additional questions. Sincerely, David L. Stakem, P.E. CRITERIUM-YINGST ENGINEERS, INC DLS/dls Criterium-Yingst Engineers 7 I c? ^' 0 ?, -!' Y ir] Il?? ? RJ :rj 1 ?__ l _, l.? ? ?? .. ? ,.. '< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, his wife Plaintiff V. JACOB B. BUCHER, JR. d/b/a J & K's HOME IMPROVEMENTS, Defendant 1. Admitted. 2. Admitted. No. 2006 -- 146 CIVIL ACTION LAW ANSWER 3. Denied. On the contrary, Defendant avers that the Agreement of Sale was dated August 26, 2003 and signed by al parties on that date. Defendant further avers that under the terms of said Agreement, Plaintiffs had elected to have a home inspection performed. Defendant is informed and believes and therefore avers that such an inspection was performed by Beichler & Tillery on August 30, 2003, and that the Plaintiffs relied upon said report to proceed with purchase of the premises. Strict proof of the averment is hereby demanded. 4. Admitted in Part and Denied in Part. While it is admitted that the property was rented to tenants, it is denied said tenants occupied the premises for two years. Defendant rented the premises for a term of one year only to Pam Shultz. Strict proof of the averment is hereby demanded. 5. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof of the averment is hereby demanded. By way of further answer, the Defendant avers that any discussions between either the Defendant or his real estate agent would have merged in the contract for sale. 6. Admitted. By way of further answer, Defendant avers the issue of a Certificate of Occupancy was addressed in the contract for sale which is attached hereto as Exhibit D-1, which is hereby made a part hereof, which certifies that the Defendant had no knowledge of code violations. Defendant further avers a Certificate of Occupancy was issued prior to closing, without exception. 7. Admitted. By way of further answer, Defendant avers that the premises was inspected by East Pennsboro Township and that all conditions for the Certificate of Occupancy were met prior to closing as evidenced by the pre-settlement walk through inspection attached hereto as Exhibit D-2, which is hereby made a part hereof. Strict proof of the averment is hereby demanded. 8. Admitted. By way of further answer, Defendant avers that at the time of settlement Plaintiffs accepted the dwelling house without exception. 9. Admitted. A copy of said warranty is attached hereto as Exhibit D-3, which is hereby made a part hereof. 10. Denied. On the contrary, there was only one problem with furnace vent piping and it required clearing snow from the deck. The relocation of vent pipes was for the convenience of Plaintiff and done as a courtesy by Defendant. Strict proof of the averment is hereby demanded. 11. Denied. Defendant did not install the furnace. By way of further answer, Reese Mechanicals installed the furnace. Strict proof of the averment is hereby demanded. 12. Admitted. Defendant avers that these estimates are dated in the fall of 2005, over two years after settlement and are beyond the one year builder's warranty period. Strict proof of the averment is hereby demanded. 13. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof of the averment is hereby demanded. By way of further answer, Defendant properly answered the question on the disclosure regarding water leakage by stating there was water leakage in basement and the remedies that had been put in place. Strict proof of the averment is hereby demanded. 14. Defendant admits that the premises were flooded in September of 1999 during a hurricane which occurred prior to the home being completed and before the sump pump was installed. There was approximately six inches of water in the basement which was removed by a fire department pump operated by Defendant. After the sump pump was installed and the house was completed, there was no further infiltration of water into the house. Strict proof of the averment is hereby demanded. 15. Denied. Defendant avers that the home was completed in the year 2000 because the Defendant was constructing the home by himself and he avers that there was no misrepresentation in offering the property for sale. 16. Denied. On the contrary the Defendant avers that East Pennsboro Township had inspected the dwelling in September 2003 and certified that it was fit for occupancy. Strict proof of the averment is hereby demanded. 17. Denied. On the contrary the Defendant avers that the engineering inspection was procured by Plaintiffs only after this action was commenced. Defendant further avers that the Plaintiffs had at least two property inspections performed prior to settlement which failed to indicate any such defects, and which inspections resulted in the Certificate of Occupancy prior to closing. Strict proof of the averment is hereby demanded. 18. Denied. At no time during the Defendant's ownership of the subject premises were any of the purported defects ascertained by Defendant and Defendant avers that had there been such defects, the certificate of occupancy would not have been issued. Defendant further avers that in the event that any of the enumerated defects existed at the time the property was being sold, a proper inspection would have disclosed such defects. Defendant further avers that Plaintiffs made their purchase contingent upon a property inspection and Defendant avers that the only conditions made known to him were resolved to the satisfaction of Plaintiffs prior to closing. Defendant at no time misrepresented the property. Strict proof of the averment is hereby demanded. 19. Denied. Defendant avers that the estimates from Plaintiffs are for substantial improvements to the dwelling which are not the responsibility of the Defendant. Strict proof of the averment is hereby demanded. 20. Denied. Defendant admits that Plaintiff had made several complaints regarding the property which the Plaintiff had attempted to resolve, but the Plaintiffs failed to accept these efforts. Strict proof of the averment is hereby demanded. 21. Denied. Defendant avers that there were no defects in the property at the time the dwelling was sold or within the one year warranty period and that any purported defects, would have been discovered or discoverable during the inspection period set forth in the agreement of sale. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Court dismiss this action with prejudice. 22. No answer is required of this averment. 23. Denied. Defendant disclosed that there had been some water problems. Plaintiffs were put on legally sufficient inquiry to determine whether they desired to investigate the dwelling prior to purchase, and Defendant believes that Plaintiffs had every opportunity to make any and all examinations of the property which they desired prior to settlement. Defendant avers that to the extent that there may have been any defects in the property, the Plaintiffs may have a cause of action against whomever inspected the property for the Plaintiffs prior to purchase. Strict proof of the averment is hereby demanded. 24. Denied. On the contrary the Defendant avers that the disclosure statement accurately disclosed that there had been water seepage into the property. Strict proof of the averment is hereby demanded. 25. Denied. The disclosure statement signed by the Defendant does not contain any statement about age of dwelling, and Defendant avers that any variation in time of construction of dwelling is immaterial to claims of Plaintiffs in this action since the premises were under construction in the year 1999 and completed in 2000. 26. Denied. On the contrary, Defendant avers that the 1999 incident was covered in the disclosure statement. Strict proof of there averment is hereby demanded. 27. Denied. On the contrary the Defendant avers that under paragraph 26 of the Contact the Plaintiffs agreed that there were no representations outside the terms of the agreement of sale and that the Plaintiffs purchased the property in the conditions existed on August 26, 2006, and that the Plaintiffs had every opportunity to inspect the property prior to settlement. Strict proof of the averment is hereby demanded. 28. Denied. On the contrary the Defendant avers that the Plaintiffs have suffered no damages by reason of the sale of the property to them by Defendant, and in the alternative the Defendant avers that any damages which were incurred were the result of the Plaintiffs or their agents failing to properly inspect the subject property. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Court dismiss this action with prejudice. 29. No answer is required of this averment. 30. Denied. On the contrary the Defendant avers that his completion of the disclosure statement was legally sufficient. He advised the Plaintiffs that there had been a water problem in the basement. Defendant further avers that Plaintiffs had a responsibility to investigate the property to determine whether there was any need for repairs, modifications or improvements. Strict proof of the averment is hereby demanded. 31. Denied. On the contrary, the variation in age of the home by one year was not material in any way to the sale of the subject dwelling and Defendant further avers that any deficiencies would have been disclosed on the property inspection performed on August 30, 2003. A copy of the inspection port is attached hereto as Exhibit D-4, which is hereby made a part hereof.. Strict proof of the averment is hereby demanded. 32. Denied. On there contrary, the Defendant avers that the fact that the basement had flooded in September 1999, as the result of a severe storm in 1999 while the dwelling was under construction and before the sump pumps were installed is immaterial to this action, as is the date that the home was constructed, Strict proof of the averment is hereby demanded. 33. Denied. On the contrary, the Plaintiffs had no reason to rely upon anything other than the property disclosure which was not inaccurate and the Plaintiffs own property inspection report which was performed on August 30, 2003. Strict proof of the averment is hereby demanded. 34. Denied. On the contrary, the Defendant avers that a one year difference in age of the dwelling or the fact that there was an extraordinary flooding in 1999, caused any damages to the Plaintiffs. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Court dismiss this action with prejudice. 35. No answer is required of this averment. 36. Denied. On the contrary, the disclosure statement indicated that there had been water in the basement and that the property now had two (2) sump pumps installed was sufficient to indicate that there had been a water problem which had been remedied. Strict proof of the averment is hereby demanded. 37. Denied. On the contrary, the Plaintiff avers that the building was under construction in 1999, with the building permit having been issued in February 1999, and that the Defendant did not misrepresent the age of the dwelling to any material extent. Strict proof of the averment is hereby demanded. 38. Denied. On the contrary, the facts claimed to be material to the Plaintiffs purchase of the property are immaterial when considered in relation to the Property Disclosure and the property inspection procured by Plaintiffs. Strict proof of the averment is hereby demanded. 39. Denied. On the contrary the Plaintiffs had no reason to rely upon anything other than the property disclosure which was not inaccurate and the Plaintiffs own property inspection report which was performed on August 30, 2003. Strict proof of the averment is hereby demanded. 40. Denied. On the contrary, the Defendant avers that the a one year difference in age of the dwelling or the fact that there was an extraordinary flooding in 1999 caused any damages to the Plaintiffs. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Court dismiss this action with prejudice. 41. No answer is required of this averment. 42. Denied. On the contrary the Defendant avers that the furnace installation was not improper and that the Plaintiffs had requested that the ventilation pipes be relocated to accommodate the Plaintiffs alterations to the property. Defendant further avers that the furnace was installed at the time the house was completed which the Defendant believes to have been in the year 2000. Defendant further avers that since the time the furnace was installed, it had worked properly for several years prior to the sale to the Plaintiffs. Strict proof of the averment is hereby demanded. 43. Denied. On the contrary, the Defendant avers that the condition of the dwelling house was in no way misrepresented by the Defendant and that Plaintiffs had a property inspection performed as well as a Township Building Code inspection performed prior to closing, and that these inspections both indicated there were no problems or defects in the property that were misrepresented by the Defendant. Strict proof of the averment is hereby demanded. 44. Denied. While the Defendant is unable to respond to an averment as to the desires of Plaintiff, Defendant avers that there was no intentional or negligent misrepresentation to the Plaintiffs at the time the property was sold. Defendant further avers that he has no liability or responsibility to pay the damages requested since the property disclosure statement was accurate and the Plaintiffs obtained an inspection prior to closing. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Court dismiss this action with prejudice. 45. No answer is required to this averment. 46. Denied. Defendant avers that there was no fraud, deception or non-disclosure of any material fact regarding the premises in issue, which would cause any damage to plaintiffs, since the Plaintiffs had every opportunity to inspect the property prior to closing of the contract of sale, and none of the defects were raised by the Plaintiffs inspections so that when the Plaintiffs completed the purchase of the property the Defendant had met his contract obligations to Plaintiffs. Strict proof of the averment is hereby demanded. 47. Denied. (a) Denied. Defendant avers that there was no misrepresentation regarding the standard, quality or grade of the dwelling in the sale to Plaintiffs. Plaintiffs' contracted with Defendant reserved the right to have the premises inspected by an inspection company chosen by and paid for by plaintiffs. In addition the Plaintiffs required that a certificate of occupancy be obtained from East Pennsboro Township, prior to settlement. Strict proof of the averment is hereby demanded. (b) Denied. As previously averred the dwelling house was under construction over an extended period of time between 1999 and 2000. Any water in the basement was the result of a tropical storm which occurred prior to completion of the dwelling and before sump pumps were installed. Strict proof of the averment is hereby demanded. ( c) Denied. On the contrary Defendant avers that the basement was flooded during construction of the dwelling, which condition was neither material no relevant to the condition of the property at the time it was sold to Plaintiffs, and strict proof of the averment is hereby demanded. 48. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment because the means of proof thereof are within the exclusive control of Plaintiffs and strict proof of the averment is hereby demanded. 49. Denied. On the contrary the Defendant avers that Plaintiffs are not entitled to any damages in this action and strict proof of the averment is hereby demanded. 50. Denied. While Plaintiffs may incur substantial expenses in the filing and prosecution of this action, Defendant avers that he has no liability to Plaintiffs for any fees or expenses since he committed no actionable fraud or misrepresentation with respect to the property sold to Plaintiffs and strict proof of the averment is hereby demanded. WHEREFORE, Defendant requests that the Co,urr-distiss this dctio# with prejudice. Robbrt G. fked-ebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Defendant I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: May 30, 2006 'If ?66b B. ucher, Jr o =j O u U L Z z O Lij O u ) z z > Z Q Z W CA .. LL. C Z Z Z Q C4 *.o Q W m W ( D tZ a. °. _ Z 2 ? `"a ? V d $ w, C o W v n C r R I cr a i • Z C 13: 1O c? L? 9 V pq Le) p T r 4 v _` w C I '- U i s = - A ? _ C Z ti U LL "' Off. D n c °? a ° Z - a z O p Si Am +'71' Z a A ae '= o ,D a U iD t"' 13 a r N .r.. v ?, r-'-„ t3 7r tr A v? ? ?o ? o r r, c w J u, n, A G d 'a a ? u r? . Ol Cn r ` ? 1 i ?t) ? s O ?p • •? N I c!3 cal +? I I C O ' D V ? n' O U d 1 O ? 14 i? t!] s I a ro G i ? H I 0 I co a ? C u = Cl) v l O'l 09/30/2003 11:07 FAX 717 652 5180 REYAZ PROS Q001 This form recommended and approved for, but. not restricted to, use by members of the Greater Harrisburg Association of REALTORS®. PRE-SETTLEMENT WALK-THROUGH INSPECTION DATE OF SALES AGREEMENT: 2-3 A4 Uhf , 20 Ql_ RE: PROPERTY: 0 G1r7QnOlI- LD.-. _ . 614- /ADZ `7 SELLER(S): BUYER(S): Sh The undersigned Buyer(s) have completely inspected the above-captioned property on Z -20_QJ , accompanied by f? lgf,e- L,VGr - ?z?w and have determined to their satisfaction that the property was in substantiafly the same condition as it was at the time of execution of the Agreement of Sale. The Buyer(s) acknowledge that all non-real estate extras as outlined in the Agreement of Sale were on the premises at the time of inspection and all fixtures were in place and functioning. The following items were noted as NOT being In satisfactory condition but were accepted in "AS IS" condition.- (indicate if "NONE".) The Buyer(s) have received copies of all required certifications and inspections and under- stand that non warranties are included unless specifically indicated on the written report. All terms and conditions in the Agreement of Sale have been satisfactorily met. The following items were noted as NOT being in satisfactory condition and NOT ACCEPTED by Buyer(s). Agreement for resolution is as follows: In the case of an FHA insured or VA guaranteed purchase, this certification shall neither supersede nor supplant the requisite pre-settlement inspection certification but shall supplement same. Buyer(s) warrants that they are not relying upon any representation made by Seller, Agent or Broker, and hereby releases, quit claims, and forever discharges, Seller(s), Seller(s)' Agents, Subagents, employees, and any officer or partner or any one of them and any other person, firm, or corporation, who may be liable by or through them, from any and all claims, losses, or demands, including personal injuries, and all of the consequences thereof, where now known or not, which may arise due to the condition of the subject property. Witness: Buyer: Date: Witness: Buyer: Date: ?'J t? ?3 Seller(s) have been advised of the results of Buyer(s) Inspecti and agree to exceptions or resolutions noted herein. Witne Seller: X Z2Zez4Z,*Z__ Date: 3 4 Witness: Seiler: Date: INSPECTION WAIVER [Complete this section ONLY if inspection is waived by the Buyer(s)] I (We), the undersigned Buyer(s) of the above captioned property, have been advised of our right to a pre- settlement inspection. We hereby decline and waive our right to such inspection and the benefits thereof and hereby release, quit claim, and forever discharge, Seller(s), Seller(s)' Agents, Subagents, employees, and any officer or partner or any one of them and any other person, firm, or corporation, who may be liable by or through them, from any and all claims, losses, or demands, including personal injuries, and all of the consquences thereof, where now known or not, which may arise due to the condition of the subject property. Witness: _ Buyer: _ Date: Witness: Rt tvRr r+... J & K's Home Improvements * U '-I ALL TYPES OF CARPENTRY, REMODELING, ROOFING, ETC. • ALL WORK GUARANTEED Q.J1 r 3# Charter Drive a Shermansdale, PA 17090 a q==?'or IMMgM Proposal PROPOSAL. SUBMITTED To PHONE DATE -c3 STREET JOB NAME CnV. STATE AND JJ G :A 1?© JOB LOCATION We haraby submit specifications and estimates for: New\,E- At'C c..A+Y '. Gtiti - kt (ahnjc Ac_ r-e-- SS . a Ali 2 Lk cL (nAx- Sk - t11 Ar r An 1 t , 11 Ar c ,n 5 ,1-? 1 +r r.s r. l?A? St f tJ*m hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Floyrnot-ft to be msde as follows: - dollars ( ) . AN malarial b BwemOnd to be as sped&*& AM nark to he eowmlatW is a eorlonanliws lwawllar aereanMwa ft abadmil Mraefpa Awl aII be or dwWmw biwt allow speOfee- Um bamNiwM Subs eoab aaa be awa WAd mdy way wRha eMm sad v M bacons an estra eMgr erar a" "am do eswwsts AM aw"w a eswbgawt aaoa aMps 601:011106" or dtlaya brsolld ww =W*ML Owner to tarry foe, flrnado awd OfINr wacssssiy iwswaaee. Ow worho we My oarwad by Wadig"We O0W*WMM4 n aaawaea. ` I Authorized S•p?lture e: This proposal may be Wft&Mm us if not MCCep%d within days. nod "I f -The above prices, specifications and condition an satisfactory and ant herby aeeapted. You are authorized W do the work as spa rifi s . Psymant wiu be made as outlined above. 0,3 CENTURY 21 PISCIONERI Fax 7177377129 Apr 11 2006 01:Oipm P002/009 09:44 PAX 717 652 6180 JKr_" rl_N, r^-Jo REIMAX Realty Professionals, Inc_ PROPERTX: SFT J_F.R- BUYER DATE OF AGREE' AIZNT-- T)se Buyer wad S.elldr have received the attached f /'!wn -ar,4A?t7n - ? ursjP4Xtion. repOKc ? I- xtesults of iimspectiou report are satisfactory- Repo rts atisfies the comiogency under tl;c Standard Agreewea4orSal*ef%teal Estate- 2- Result of it specdou report are NOT smtlaartoiy. Seller wall: ? At the time of settlement, credit the $uymr the suoa of S (provided iris acceptable to t>te leach, if any), ? Make mpairs, at Soller's expense, prior to settlement, so as to reduce the fepain required to be loss thau S - in accmAftoc ¢-ith Line 171 of the Standard Agceemeot of Sale of Real Estate. Makc the followijag repairs at SeUelr's exprase prior to sc do mcnt: r? -71 4 Buyer agrees to V e RELB.ASE set foJth i a paragrapl125 of the Standard Agreement of Sale of Real Estate, ? 3_ xte9Ul[9 Of b)spectioa report arc NOT sa' 4katory. Sgyec -j U: ? Aecaptthe property w"th 11Lc do fe-Ls revzaled by The jz eedon, without abatement of price anct agree to the RELEASE set fcuth m paragraph 25 of 6e Standard Agreement of Sale of Real. Estate. ? Terminate the Agreement of Sale. ? Orr: W178ESS WITNESS: WITNESS: MTNESS: Received Apr-11-2006 13:12 Fro 7177377129 To-ROBERT G RADEBACH DA M' DATE: 61--%P DATE: DATE: G-J-437 DATE: Page 002 RECEIPT OF X,NSPECTXON REPORT(S) ADDENDUM TO AGREEMENT OF SALE VVITVE.SS: SELLER: _ )DAM, a4w, s%d CENTURY 21 PISCIONERI Fax 7177377129 Apr 11 2006 01:01pm P003/009 ?1/'LVOJ 09:50 F:1X 717 653 5190 1"ZITLeeA rx%U.7 "EXHIBIT A" 10.ezhGs, x ?.?h4eri br well yG,?j 1) Jae?t?i?/P fire rated drywall .?n garage ceiling. Verify drywall that is mninimg ith property to finish garage is at least Vz" fire rated drywall, If drywall q•a- 3 remaining is not fire gated Seller agrees to swa existin drywall with at least '/z" fire raced drywall. 69- 2) Repair GFCI receptacle in Nlastcr Path. s14 3) Furnace is not working and A/C drain lines are not installcd properl7. Hav ,unit q serviced and certified by a heating contractor. AL 4) Install the insulation baffles in attic.. OL 5) Repair broken jets in whirlpool tubs-one jet in main bath and one jet in master bath. Q Received Apr-11-2006 13:12 From-7177377129 To-ROBERT G RADEBACH page 003 o a - U x: r uui v ? .:;„ ?a I I v ? CENTURY 21 P I SC I.ONER I Fax 7177377129 Apr 11 2006 01:02pm P004/009 HOME INSPECTION SUMMARY REPORT Listed below are the MAJOR problems identified during, the home inspection. For the purposes of this report, problems are cortcidered MAJOR if they constitute an existing or potential materia defect of are possible safety or health hazards. Material defect is defaned as a problem, that could significantly affect the value of the house. Caution - Even minor problems, if left unattended, can develop into more serious conditions rather quickly. It is also possible that what appears visually as a minor problem may taint out to be more serious on further evaluation. It is therefore very impoxtaat that all problems identified in the report, not just those listed on this surnmary page. be evaluated and understood by all interested part]les and attended to as soon as possible. Inspected PaoperLy; kc) SfA-kG oL-A o^J IF, ? t ? n1 ? to ! ALL b AZT 10l0 OyL- 1T &J ? PA GJ? Received Apr-11-2006 13:12 From-7177377129 To-ROBERT G RADEBACH Page 004 V to I UJL/ ALV VJ VO •J V 1 nn I A+ V V a uiVu 113 Flooring . ' - vlrl 1 e 4 carper • atone - co e other • plaster "• drywa Daneling wood dropped the • acaus& tile • other 4 It l lv r_ ik. &---k r_ c -K -. • o= INTERWR C0._NIErT8,AN1b'6ESC9JPr10NS CC -.-.rh ` ,?? o L2 S?? wRw ?' ! o ?t ? L?r ? r?p t4? Pt% ?-4? b A Li 1? d; !,. L Tc? yl.clres t V->Aw. p vs r-% r", il' 1P J Cs. Zrz' troc -f-IGAT- 664LA&Er o • Wood stavos de Firep]aaes are nac rested, Lttnrior Ofehlntnuy flues Will nor be Inspected; squires spacial procedure. Pub. B&T Inspect, LLC CENTURY 21 PISCIONERI Fax 7177377129 as a acv./ INTERIOR M Main Windows C- Fireplaces* • wood - metal • wood • gas ti+'lpyl - iDsen 1 erg ass ? • No. attes - [ Smoke Detectors • swag oub 1-221-J, ? Security System - casement [ Ceiott-al Vacuum Fans r Storm Windows • wood • metal • cr.' ' -bath • ocher tvtto a house . zinc tbarmostat U Storm Doors • oncrr Apr 11 2006 01:02pm-P005/009 No: f Gar-Age Door Opener Fire Walls • garage - basement • attic. * crawl space • other Td Attic Insu n • loose baits • inches 9 e Attic Ventilation FofEits • wall grilkEs roof CI n" - wMdows Item ,;_ MERIO PROBLEMS w or or maoi N6tod Flooring : cracks I stairs I we(/ sa g / damage 1.12 ells . meld: / xtxinw / wet / bulging / -&a po urnage 13 cell : cracks / stains / wet / se givg / nail pops / dam age M ' ws : operation / seal / panes / stuck I bardwarr. / cl'eetts / datna k 15 Stomi Windows : operation / missing / none / arena holes / cj AO e 6 LDoorS_)t?gratjqR" using / s /closure amagz I7 Smoke Detectors : none / quantity / Out / not tested / daaas c IS ftlat / Caulk: cracks / stains / peeling / deteriorating / lead? 19 FAns operation / out / not tasted / uoisy / incl.01ation I10 Fireplace : crackq I dirry I damper / hearth / lining / danger Ill Fite Do irewalls : ngne irn r er material / placernenr I12 Possible Asbeaton Material ? 113 Evidet)ce of : mold ? / wood rot / mo%k c Stairs Lisers / suucmral / railing / leaning / dattea c 115 teriorA • czesaib partial rtwrricted J4#WV Cjft 161;- l.)y, I 6 XAEUlnrion : insufficient / placement / danger / damage I1 4the Vmtil 'oa ; ane / inadequate / 3crretsing / gxlllca era Do era / out / Wows l reversing /safety cables 119 Central Vacuum : operation / out / not o eroted 720 Evidence of Rctzof t / Repair x21 Amateur Workmanship 866-261.0181 Received Aar-11-2006 13:12 From-7177377129 To-ROBERT G RADEBACH Page 005 o0.0,1:'2003 oy: bz rAa III boo 1OU $5 Service • ov d `• uIIdergroun Am- I l00 • 150 • 60 • othcr ? L1ppmdcd Service )rGrotlntUng • metal plumbloa • gas piping • tvd - nther z CENTURY 21 PISCIONERI Fax 7177377129 nr>iurus ? nvti+ ELECTRICAL Main P=el Location • basement garage (. Brealcers maln paw su pan G ruses - mam panel • sub panel Main Disconnect C Upgraded Main Panel E) Sub Panel ¦ baycxnent • garage • ki?chtn • other • ;number General Wiring romcx • ungrounded romex • Imob & tube coppE a uminurn Apr 11 2006 01:02pm 200.6/009 No: ?l Receptacles • 2-hole - 9-hole •upgraded • adapters Ground Fauh Devices advoo garage • extenor pool basement • Palle] • of ex owl °: "''•+?` ;?.. -rf>.;???c :.' :; ,. ?,?^l,..J Vii, r• s Z' .cr1F •+ '? .'+•til?;?, ?k r , t:`Y?= a l'._ 0 B1 Electric Senlce: not on, <zr time of insoecriion / inadequam E2 pntranca Cable; urkdeesized I hanging too low / drip leg loop / frayed / obstructed / loose E3 Meru Base : seal I loeadon / loo?e 1-4 E4 Access : restricted / none ES Miiu / Sub Panels : direct wired / multiple raps / blown lases / nipped breakers I over fusing / labels / expansica r? em E6 Main / Sub Panels : water / rnoislure / rust evidence / darn age E7 Fixtures B0XW ; operation / broken / n t cov' ltl h bat li is b GFC1 Devi e ' oDeratl aclc o B9 Croundtng Straps od : rri g /broken I loose E10 Wiixing ' burnt / frayed / improper splicing Ell Knob and Tuba wining system E12 Aluminum General Lighting Circuits E13 Receptacles; dead / broken / ungrounded / reversed polarity / covers / bum(/ painted / poor connections / loose Rece tacles : disttibu 'o / 3 hole ungrounded -Eu 1 immers : operatio broke cove l~16 Door a : o e on roken E17 CONTACT HAZARD E18 $vide aja% / t2e xair F 19 tt• hear worl:manshi E Imo;. ? y„ - ,f. ?•.Ly• ?.gy? . ra? ?• ???• . k??,. . ?. ?D wA ON GFc- era tn- -vi- LP w •4 _ t_v os $ ,41 T'-_U-aw i t-l -" 1 o r t r.? 1c ivc? u . 1. Pub. B&T Inspect, ILLC 866-261-0181 Received Apr-11-2006 13:12 From-7177377129 To-ROBERT G RADEBACH Page OOfi CENTURY 21 PISCIONERI Fax 7177377129 PLUMBING A Public Water LJ Private Well J& Main •S utotlf' Locatinn - ba seraegt • u ity room other 1a Main Supply Piping • plastic - brass (_:_Copper, - galvanized o O Treatmernt System* D Control Vn1tsA'alves* ;I Internal Supply Lines • ]asdc - brass • copper - galvanized • other Hasebibbs • sta yard • frost proo {7Ci i iX frs ??r?i'rxJ[? • no Water Heater • electric propane • oil other O aullons •?vea?s old 1?) Droit?vent material p ksuc • cast o • galvanized other Apr 11 2006 01:02pm P007/009 No: ?,I Sewage public - privcte • plump • alarm C Bet)baroom Materials • ceramic berglabs • enamel • vl • other I 'Nasser e:" N Z3ryerl* • gas electric zrtrn No. - - -- •- -• .,J PLLT&MING COMII<+IENTN AND DESCRIPTIONS W'141 ILI db r• ." aT a ?,.) n? -J Cam, "'O'DLIV. -ect- gV ral?ia C-0 O-Z-? _iL 0g Mai C l .?1 Tttq'uiM xper.b; lusting. Noc tencd Ax pare of the hone irupectia7n. 1-Only legrr(l -f mqueved. Pull testing should be under lateen prior to, or during £nal .raWhTOVsb• Pub. B&T Inspecl, LLC Received Aar-11-2006 13:12 From-7177377129 To-ROBERT G RADEBACH 866.261.0181 Page 007 _ _ . _ ...? _ .. _ _ . CENTURY .21_P I SC I ONER I Fax 7177377129 Apr 11 2006 01: 03pm _P008/009 HEATING/COOLING No: )PREMARV H1t:AT M Furnace • Ql • coal • dbs • 1..P • u+ood • Other ? Heat Pump • air • geothermal electric back-Up • hydrolkinedc: ` other n Eteclric Resistance 71 Solar x 7 Combination System HEAT DYSTRI7131MON I'S central Uldt L Space neater - asemeat garage • electric • gas • uu m • oil • LF • od)er • ottlcr NJ Aiir Duct ? Wood/Coal Stove": • gravity • ford air COOLING Q Bailer ? Heat Pump • ste»nl • Water Cl *Vell Unit • radiators • baseboard ? Window Unit - gravity - PLItnps • gLhPr LA Central Fair Unit ;] Radiant asomcti Multiple Zone - ?r 0 -attic - other MW_C9 iLNEQLTS C Fuel Mank inside. • outside • LF oil • burircl Main Fuel Shutoff • ba„eement • utility room x crtor of ? Hum%difier Thermostat Control contra • mullipic ? C ector*** item No. -REATTWICOOLING cOriuvi[ENTS AND DESCR]pnONS' H t ??Ec_i A V -cam L t „vr. J '7b ?iJ SL ?- W t? s a? . - ra?c? ,< <Y a nuc oe ?aspeaea redauros speela? e?aluaaon. -I CU (Carbon Monoxide) detectors arc net iceud. Wood ttn%,es '74 Fir_place< src not tc3lcd. Inmrior of Chimney TtueR Will not yQ in-paced; rmquirec Fl teial Qwh-Ak n. Pub. 13&T In4pert. LLC pf e-N" 'To ' Al R AC FQ&%/ a Received Apr-11-2006 13:12 From-7177377128 To-ROBERT G RADEBACH Page 008 C '; 11 T w f "} r KEVIN P. SLATER and ERIKA L. SLATER,husband and wife,: Plaintiffs : VS. JACOB B. BUCHER, JR. d/b/a ' J&K HOME IMPROVEMENTS, Defendant ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-146 CIVIL 19 CIVIL ACTION - LAW RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Law O f f i c e s o f C r a i g A. D i eh 1 , counsel for the plaintiff/dteM11i A in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 35,000.00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert G. Radebach WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submittedC41 0-?W,' ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. W 0? V-1 ? .c 0 ? Q PI) _? rTl KEVIN P. SLATER and IN THE COURT OF COMMON PLEAS OF ERIKA L. SLATER, husband and wife,: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 2006-146 CIVIL 19 VS. JACOB B. BUCHER, JR. d/b/a CIVIL ACTION - LAW J&K HOME IMPROVEMENTS, Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Law Offices of Craig A. Diehl _,counsel for the plaintiff/c iNMin the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 3 5 , 000. 00 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Robert G. Radebach WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, a'j Q-6 ORDER OF COURT AND NOW, , in consideration of the foregoing petition, Esq., lam Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) prayed for. By ourt, P.J. Vey ?P C? -1 #% W Vol kta 1 A;7 rTA Plaintiffs Defend t 617 In The Court of Common Pleas of Cumberland County, Pennsylvania No. C-6 - Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. e-?NAAC Signature Name (Chairman) Law Firm P-0 BCK I - Address Signature v 4? '44) V-z 0,0V V Name Law Firm e, () , a Address 1? ' ?'t-"2? Si tune Yoh- zL e, z-,o Name Law Firm S-3 w.-Po,, Fret Address PA 0 S Pot IlAid- =:Vo,1xj r., 5,,#. City, Zi ? / t v O 9 City, zip ?,6 d fi City, Zip /rl;> _-> 3.1- V ? 11M Award *` 147107 ? We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) 4" n. I N .n % n y y ?s3 . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: _A' r V/ (ha bate of Award: ? c uanan) YN' ry Notice of Entry of Award Now, the /8 day of \Januo-rv , 20-DI -,at A:31 P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. lR,rl-- k4?f. 1tnr?vs .? ' co=ensatio to be paid iznon appeal: aqD ,? a ? By: Prothonotary Deputy t? , X54 ??, lip& ? r-? °?a Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'd J-444 a,.1 ?il,vta z • A, Plaintiff Vs File No. COOL -lsil aewh B``. &".c4o e J J,e . d?6 a Civil Term Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: llg- appeals from the award of the Notice is given that A1164,1... T? ?•??,Q board of arbitrators entered in this case on Gr??d.P y ZOD 7 A jury trial is demanded. (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Jx'e'a- &0i' -/?Zz I - pJPpellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. CERTIFICATE OF SERVICE AND NOW, this day of , 2007, 1 hereby certify -t2 btuall that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Craig A. Diehl, Esq. 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Plaintiffs By: r 1^^(J 1? \13 V ?? ?? r• ?y'` r f 1 ti} __ ,_'-_? 'l7 _?_? ?. -? -? ?. ? .-_ ' ? ? ? T - „3 "? 1 ;. _: 1 : i`J - -r-1 1 _?_. rr'? ;:, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, husband and wife, NO. 2006-146 Plaintiff V. : CIVIL ACTION - LAW JACOB B. BUCHER, JR. d/b/a J&K'S HOME IMPROVEMENTS, Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action as settled, discontinued and ended. Date: 3 Q LAW OFFICES OF CRAIG A. DIEHL By: Craig ,d) Diehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 Telephone: (717)763-7613 Fax: (717)763-8293 Counsel for Plaintiffs ldr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KEVIN P. SLATER and ERIKA L. SLATER, husband and wife, NO. 2006-146 Plaintiff V. CIVIL ACTION - LAW JACOB B. BUCHER, JR. d/b/a J&K'S HOME IMPROVEMENTS, Defendant CERTIFICATE OF SERVICE On this L? day of April, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (Counsel for Defendant) LAW OFFICES OF CRAIG A. DIEHL By: /??.??-d -G Barbara J. Smith, Secretary 3464 Trindle Road Camp Hill, PA 17011-4435 Telephone: (717)763-7613 Fax: (717)763-8293 C"? ? C? ?. ? ? , ? .?,_ ? "`i? . ? m '?" . r R1 E}