HomeMy WebLinkAbout06-2733
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
AUDRA M. SZOLLOSY,
Plaintiff
No. 01., - .;;)72...3
c;u~tT~
Jury Trial Demanded
v.
JON OWENS and JANE OWENS,
Defendants.
CIVIL ACTION - LAW
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOu. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE
ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY
MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORT ANT 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.
Lawyer Referral Service of
The Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: 717249-3166 or 1-800-990-9108
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service of
The Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: 717249-3166 or 1-800-990-9108
.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
AUDRA M. SZOLLOSY,
No.O/"'_ c2/f33
tu~L
f/L~
Plaintiff
Jury Trial Demanded
v.
CIVIL ACTION - LAW
JON OWENS and JANE OWENS,
Defendants.
COMPLAINT
AND NOW, comes the above-captioned Plaintiff, Audra M. Szollosy, by and through her
undersigned counsel, and files this Complaint against the above-captioned Defendants, as
follows:
1. Audra M. Szollosy (hereinafter "Ms. Szollosy") is an adult individual residing at
508 Walton Court, Lemoyne, Pennsylvania, 17043.
2. Defendant, Jon Owens, is an adult individual residing at 1310 Potato Valley
Road, Harrisburg, Pennsylvania, 17112.
3. Defendant, Jane Owens, is an adult individual residing at 3237 Clear Stream
Drive, Whitehall, Pennsylvania, 18052.
4. Defendants Jon Owens and Jane Owens were previously married to one another,
but were divorced, or at least separated, at all times relevant to the circumstances and issues set
forth in this Complaint
5. On or about August 13, 2005, Ms. Szollosy and Defendants executed an
Agreement for the Sale of Real Estate (hereinafter "Agreement") concerning the property located
1
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at 508 Walton Court, Lemoyne, Cumberland County, Pennsylvania (hereinafter the "Premises"),
wherein Defendants agreed to sell and Plaintiff agreed to purchase the Premises for One Hundred
Sixty-Four Thousand Nine Hundred Dollars ($164,900). A copy of the Agreement, inclusive of
all Addendums thereto, is attached, marked as Exhibit "A", and incorporated herein.
6. On or about August 10, 2005, Defendants both completed and signed a Seller's
Property Disclosure Statement (hereinafter "Disclosure Statement") concerning the Premises and
all improvements thereon, all of which was duly owned by Defendants at the time. A copy of the
Disclosure Statement is attached, marked as Exhibit "B", and incorporated herein.
7. On or about August 27,2005, Plaintiff and Defendants completed an additional
amendment to the Agreement, which Amendment set forth certain repairs to be made and actions
to be taken by Defendants (hereinafter "Repairs Amendment") as part of the overall purchase of
the Premises by Ms. Szollosy from Defendants, and upon which Repairs Amendment Ms.
Szollosy relied in making the purchase. A copy of the Repairs Amendment is attached, marked
as Exhibit "C", and incorporated herein.
8. On or about September 28, 2005, the parties settled upon the Premises, and Ms.
Szollosy took actual occupancy of the Premises on Sunday, October 2,2005.
9. Although the settlement between Ms. Szollosy and Defendants regarding the
purchase of the Premises occurred on September 28,2005, the Deed between the Defendants, as
Sellers, and Ms. Szollosy, as Buyer, is dated September 27,2005, as Defendants were only
available on such date to execute the Deed. A copy of the Deed is attached, marked as Exhibit
"D", and incorporated.
2
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10. Upon occupation of the Premises, Ms. Szollosy discovered several defective
conditions of the home, which conditions were contrary to representations made by Sellers
concerning the roof of the home and aspects relating to the roof, plumbing and plumbing
fixtures, a water heater, and the heating system.
II. Further, when the weather became colder and Ms. Szollosy began to use the
heating system of the home, it was determined that the circulating pump of the boiler was
inoperable, which is contrary to representations made by Defendants in the Disclosure Statement,
and also contrary to Defendants' agreement that the boiler would be serviced by a designated
service company (Burrells Company). See Exhibit C. Further, Defendant Jon Owens admitted
to Ms. Szollosy's realtor at a time subsequent to the Closing that he knew the boiler pump was
not working, but "forgot" to disclose it.
12. More specifically, on the first day that Ms. Szollosy occupied the property, the
dishwasher was used and it was immediately determined to be leaking, and it was subsequently
determined that the plumbing relating to the dishwater was corroded and bent.
13. Also more specifically, only several days after Ms. Szollosy took occupancy of
the Premises, it was discovered that the point of use hot water heater under the kitchen sink was
leaking significantly, and it was subsequently detennined that the unit was badly rusted, and that
these undisclosed problems also caused the wires of the unit burn out.
14. Also more specifically, within only several days of taking occupancy of the
Premises, it rained and it was immediately determined by Ms. Szollosy that the roofwas leaking
significantly.
3
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15. It has been detennined at the time of this Complaint that the condition of the roof,
which was fraudulently misrepresented by Defendants, allowed for precipitation to enter the
home through at least three entry points - two locations where ridge vents were loose and/or not
attached, and also at the chimney; it is believed and therefore averred that insufficient flashing
also allowed water to enter the home.
16. In Paragraph 3 (d) of the Disclosure Statement, Defendants stated and represented
that they were not aware of any problems with the roof, gutters, flashing, or downspouts. See
Exhibit B.
17. In Paragraph 3(c) of the Disclosure Statement, Defendants stated and represented
that, during their period of ownership, they had only experienced a "tiny leak during freeze thaw
approximately 5 years ago."; Defendants attributed a water spot immediately adjacent to an
existing crack on the ceiling of the living room to this prior leak, specifically represented in the
Disclosure Statement and to Ms. Szollosy outside of the Disclosure Statement that same was the
only issue with the roof they had ever experienced, and that there had never been any issues or
leaks with the roof since that time approximately 5 years prior to the Defendants completion of
the Disclosure Statement.
18. In Paragraph 1 O(b) of the Disclosure Statement, Defendants stated and
represented that they were not aware of any problems with any of the plumbing fixtures in the
kitchen.
19. In Paragraph 11(b) of the Disclosure Statement, Defendants stated and
represented that they were not aware of any prob lems with any water heater or related equipment
of the Premises.
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20. In Paragraph 13 of the Disclosure Statement, Defendants stated and represented
that they were not aware of any problems or repairs needed regarding the heating system, which
system includes the boiler of the home.
21. In Paragraph 19(h) of the Disclosure Statement, Defendants further stated and
represented that they were not aware of any material defects to the property, dwelling, or fixtures
that were not disclosed in the Disclosure Statement form.
22. These representations made by Defendants in the Disclosure Statement, at least as
seen in Paragraphs 3, 10, 11, 13, and 19 thereof, were false and inaccurate, and Defendants knew
that the representations were false and inaccurate at the time they were made and therefore they
constitute fraudulent misrepresentations by Defendants; at the very least, Defendants should have
known that their representations were false and inaccurate and same constitute at the very least
negligent misrepresentations by Defendants.
23. A defective and leaking dishwasher and related plumbing, a defective and leaking
hot water heater in the kitchen, an inoperable circulating pump for the boiler, and significant roof
leakage constitute serious defects known by Defendants to have existed and which could not
have reasonably been discovered by Plaintiff prior to taking possession of the Premises.
24. All of these circumstances, as described above, constitute defective and
substandard conditions of the home.
25. Defendants, at all times prior to completing and signing the Disclosure Statement,
the Agreement, and any addendum to the Agreement, were aware or should have been aware of
these defective and substandard conditions.
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26. Defendants never disclosed to Ms. Szollosy, either in the Disclosure Statement or
otherwise, the problems with the dishwasher and related plumbing, kitchen hot water heater,
inoperable boiler pump, and roof leaks; in fact, Defendants specifically misrepresented the
condition of the dishwasher and related plumbing, kitchen hot water heater, roof, and service and
condition of the boiler.
27. Ms. Szollosy would not have executed the Agreement or otherwise followed
through with the purchase of the Premises as agreed upon if she had known of these
misrepresentations by Defendants and if she had known of the true condition regarding these
aspects of the Premises.
28. In order to remedy the problems with the dishwasher and kitchen hot water heater,
Ms. Szollosy was forced to incur expense in the amount of $246 for repair work and service
calls. Copies of repair bills are a part of Exhibit "E" hereto and incorporated.
29. Conceming the necessary repairs regarding the dishwasher and kitchen hot water
heater, Ms. Szollosy properly mitigated her damages by pursuing such repairs through her AHS
home warranty, otherwise the repair expense would have been much more significant
30. In order to properly repair the roof leaks as best as possible as of the time of the
filing of this Complaint, Ms. Szollosy was forced to and/or will incur an expense for repairs and
service calls in the total amount of $2,776.32. Although the roof leaks appear to have been cured
at the time this Complaint is being filed, such leaks and problems, and the cure thereof, continue
to be under evaluation as each rainfall occurs, and Plaintiff Szollosy reserves all rights to
supplement this Complaint if necessary. Copies of the current repair invoices concerning the
roof leaks are a part of Exhibit "E" hereto and incorporated.
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31. In order to have the circulating pump and boiler properly repaired, which
problems would have been detected and cured if the service and repairs specifically promised by
Defendants had been performed, but which Defendants failed to do, Ms. Szollosy had to incur a
repair expense in the amount of $50. A copy of the repair invoice for the boiler is a part of
Exhibit "E" hereof and incorporated.
32. As with the dishwasher and kitchen hot water heater, Ms. Szollosy properly
mitigated her damages regarding the circulating pump of the boiler by having the repair work
performed through her AHS home warranty.
Count I - Fraudulent Misrepresentation
33. All preceding paragraphs hereof are incorporated by reference as iffully set forth
at length.
34. Defendants' statements regarding the condition of the Premises, specifically as
relating to plumbing fixtures, hot water heaters, and the roof, and the promise to repair and
service the boiler, were all false and constitute misrepresentations.
35. Defendants' statements were made with knowledge of their falsity, or were made
with recklessness as to whether the statements were true or false.
36. The statements made by Defendants were material to the transaction regarding the
sale and purchase of the Premises.
37. Defendants made the misrepresentations with the intent that Ms. Szollosy would
rely upon the statements.
7
38. Ms. Szollosy was justified in relying upon the statements made by Defendants
and Ms. Szollosy reasonably and foreseeably believed the Premises to be in a condition as
represented by Defendants.
39. Defendants' statements concerning the condition of the Premises were fraudulent
misrepresentations.
40. Defendants' conduct in fraudulently misrepresenting the condition of the
Premises was with reckless indifference and in willful disregard for the rights of Ms. Szollosy.
41. As a result of Defendants' misrepresentations, Ms. Szollosy has and/or will incur
damages in the amount of Three Thousand Seventy-Two Dollars and Thirty-Two Cents
($3,072.32) in order to have the defective and misrepresented conditions of the Premises
remedied. See Exhibit "D" attached hereto.
42. Plaintiff is entitled to punitive damages in addition to compensatory damages
relating to the aforesaid because of the Defendants' outrageous and willful conduct in
fraudulently misrepresenting and failing to disclose the defective conditions of the home.
WHEREFORE, Plaintiff Audra Szollosy demands judgment against Defendants Jon
Owens and Jane Owens, both separately and jointly, in the amount of $3,072.32, plus punitive
damages, interest, and costs of suit.
Count II - Nel!lil!ent Misrepresentations
43. All preceding paragraphs hereof are incorporated by reference as if fully set forth
at 1 ength.
44.
Defendants knew and were aware at all times of the condition of the Premises, as
described in this Complaint, or should have known of such conditions.
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45. Defendants had a duty to disclose these conditions of the Premises to Plaintiff,
either in the Disclosure Statement or otherwise.
46. Defendants breached their duty owed to Ms. Szollosy by failing to disclose to her
these conditions.
47. As a direct result of Defendants' misrepresentations and failure to disclose, Ms.
Szollosy has and/or will incur damages in the form of costs incurred to repair the Premises, such
costs totaling Three Thousand Seventy-Two Dollars and Thirty-Two Cents ($3,072.32).
WHEREFORE, Plaintiff Audra Szollosy demands judgment against Defendants Jon
Owens and Jane Owens, separately and jointly, in the amount of $3,07232, plus costs of suit,
interest, and such other relief as the Court may deem appropriate.
Count III - Violation of Unfair Trade Practice and Consumer Protection Law
48. All preceding paragraphs hereof are incorporated by reference as if fully set forth
at length.
49. Defendants' conduct in misrepresenting the condition of the Premises and
otherwise failing to truthfully disclose the condition ofthe Premises constitutes an unfair
deceptive act or practice pursuant to the Unfair Trade Practice and Consumer Protection Law (73
P.S. ~~ 201-1, et seq.) (hereinafter "UTPCPL").
50. More specifically, Defendants engaged in unfair and deceptive acts and practices
by causing a likelihood of confusion or misunderstanding as to the condition of the Premises by
representing that the home had characteristics, uses, and benefits that it did not actually have. 73
P.S. ~ 201-2 (4)(v).
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51. Further, Defendants have acted in violation of the UTPCPL by representing that
the Premises was of a particular standard and quality, when in fact the Premises was defective in
the ways identified in this Complaint. 73 P.S. S 201-2 (4)(vii).
52. Further the Defendants acted in violation of the UTPCPL by falsely representing
that repairs were made to the boiler, or in making such repairs in a nature or of a quality inferior
to or below the standard of that agreed to in the sales documents concerning the Premises. 73
P.S. S 201-2 (4)(xvi).
53. Further, Defendants have violated the UTPCPL by generally engaging in
fraudulent and deceptive conduct that created a likelihood of confusion and misunderstanding
concerning the Premises and the purported condition thereof, as purchased by Ms. Szollosy. 73
P.S. S 201-2 (4)(xxi).
54. The sale of real property constitutes trade and/or commerce for purposes of the
UTPCPL.
55. The Defendants' conduct in misrepresenting the condition of the Premises was
both fraudulent and deceptive.
56. All of the Defendants' conduct in misrepresenting to Ms. Szollosy the true and
correct condition of the Premises, or otherwise failing to disclose its true condition, constitutes a
violation of the UTPCPL.
57. Pursuant to the UTPCPL, Plaintiff has a private right of action against Defendants
to recover up to three times her actual damages, plus costs and reasonable attorney's fees.
58. As a direct result of Defendants' misrepresentations and failure to make repairs as
agreed relating to the boiler, Ms. Szollosy has and/or will incur damages in the fonn of costs to
10
repair the Premises in the amount of Three Thousand Seventy-Two Dollars and Thirty-Two
Cents ($3,072.32).
59. Plaintiff has also incurred and continues to incur costs of suit and attorney's fees
in pursuing her claims, as set forth herein, against Defendants.
WHEREFORE, Plaintiff Audra Szollosy demands judgment against Defendants Jon
Owens and Jane Owens, separately and jointly, for the amount of $9,216.96 ($3,07232 x 3 =
$9,216.96), plus attorney's fees, costs of suit, interest, and such other relief as this Court may
deem appropriate.
Count IV . Breach of Contract
60. All preceding paragraphs hereof are incorporated by reference as iffully set forth
at 1 ength.
61. As part of the transaction concerning the sale and purchase of the Premises,
Defendants agreed in writing to have the boiler serviced, and have the boiler leaks repaired by a
professional company, Burrells Company. See Exhibit C.
62. Ms. Szollosy has satisfied all of her obligations to Defendants concerning the sale
and purchase of the Premises.
63. Defendants failed to have the boiler properly serviced by the Burrells Company,
as agreed, which service would have also detected and remedied the inoperable boiler pump that
Defendants knew about, but failed to disclose.
64. Defendants' failure to have the agreed upon repairs and service conducted, and to
have same conducted in the manner and by the company agreed upon, constitutes a breach of the
terms agreed upon with Ms. Szollosy.
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65. As a result of the boiler having to be repaired, Ms. Szollosy incurred an expense
in the amount of $50.00, which expense would have been much more to the extent Ms. Szollosy
had not properly mitigated her damages by pursuing this repair work through her AHS home
warranty.
WHEREOF, Plaintiff Audra Szollosy demands judgment against Defendants Jon Owens
and Jane Owens, both separately and jointly, in the amount of $50, plus costs of suit, interest,
and such other relief as this Court may deem appropriate.
By:
James E. hiaruttini
Court I . 82060
100 E Market Street
P.O. Box 15012
York, PA 17405-7012
717.846.8888
Attorneys for Plaintiff
BARLEY S
1613394.1
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'~" ,: 'tn, , andards oj {lnyapplicable J~ovemmc[]talJjuthority'and/o:r.fuils:to ""'"
)Birirtgabi'! Jendcr,lf ;my, the,] Seller wi]J,'withi[]~,DAYSpfreC~iptiof i~;
, '" '327
ill which case Royer acceptS th,~ PrOperty arid agrees ne
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aCCOI/nt ofpmdmse pricewiHhc retlnned protnptly 339
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.retiUCstlln,;mai~~attirifldt~ie~~>~t~~a~"~~~i~~':SlJY'BI{ 353
in'parngtaph'2S oflliiiiAgre'ei:ii~~>~,"-- ,;,'" " .. .,-,~.~',.-",.. ."., ':154
. n)'''- '3.5$
:~it;ly.'l if not specified) of the e;{ecutioh:,Jt~~~~~;~U)i~~:~se,w; 356
" . .1lX1, professional m.<:pectnr o{ the,'iMli~~iUaL(}n'lm~a~j$,~~$at~:
\JYthcinBpeCtioncompany, to IOCatl?;:~~, aCc'e.>;s-~3lMl'~~~~'dirldiahm"
, , '.the,~,-'at'S~IIer's"e:xpense!;ttnbt:ro'Settlernent..- ':-',,",>'~:"'/',i?'. ,,' :' , ,,~:iS~
sioll or,re~acement of the eXistii1g::,s~iedispos:aJ'S~~;i~~eIF~n;',Within ::'3&t!
:Or-Seller's ,choice to: ",< ;;4~,":~:~~:'~(:/N"J'~~~:~~*~'~*'~,'^~(!:i~;:,~~~,,;'"!i'l~b:
"z;tetests,at'Seller'se"pense; in Which~'B~;~t8~~~~~'~!i\'~:~.;/
, ~Agretment; OR '. ",., J ,t'l~!Ji(<\)'M;',~':_; ('363
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er:l8iWf.o',rtspondWithiu the tim
.:bytile;rii.ortgage1ender, if
ed:bj ,\he'JDertgage,lender;'if
win n()fkiin~sonablY'Withhefd;i~~~1lio/L",.
?e~lOtl!tn"~rrectthedefects~'B'fi~l'~~i/
.t;tJ..,~'a11 dt-posit monies paid-oo:acioupr~~~~"ptiCe; ,.,
,-!Ok:,:;' ",,' ~ ,,' "', ',' " ,,{J"";T~t~:i!!;:"1.t':.::'S,}1,"')~ ,"<.'- ' , ",', '" ,,~~",'~J,!i1f:
~cb Case an ,deposit monieg,paid on acco~:1ci!,:\~~.~ce"~.~~:!~':; .~72
'V-9ID. , \'r'<~rj".,~":-:, "'~:\~ I,:~,.
d:ie-'~istingindividual on-lot sewage disposal SYs.te~l~~;~i-', J~
- to 'Buyci:'The co~ve p1'(IpoSalWill ind~e;bili,~~~I(thited ' '.j75
, ibg, rete&ts;:and..a.).projeCti:dcomPJetiott~!~ve ~31i/.'
odf llO,cotnldiVe propOAl is mceiftd.mthfthtit'$iil~:!, ~,
,'inWcitin~~>~tLwbjChcaseBUyeraccept:s the'~antf~
,: ":,-'i;jl>l.;~;.,::1P',1C<,{,,
{Jfa~ghwa.y occupancy permit from the~~' J'ranspo~. \
r.Sof8 SeIler Initials: ~ \ } "fit
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.:'399
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402
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.. ~.fi:ms)'1diII~ arerooel~ after execution ofdrisAgreement and before settlcment,Seller,Wil!
":-L...'PA'fS Cf:tecC:i.ving dre notice or asse&slIletlt, tha.t: Seller will:
, h.atSCBerrs expense, in wbichcase Buyer accepts the Propertyand-agrees ,to the RELEASE setfarth
OR:
'~~' , ~~~'~'s expense.
. ,~uotices:3Iid'assesslIli:nts, ortiailS within the lime ginn to notify Buyer irSellerwillcomply;,1%Yer
.f)J\'YSin,wtiqthatBIlyet" willeitber; _,
:, "Bl,;"yer'sexpenseandagreetotheRELEASEsetfortltinparagraph25ofthisAgreetnefIt;.'~
..Wtiiena:_,-an deposit 1I1OIlies paid 08 account of putchase'l:irirewiU be retUmed{ltUIrtptlyttl-;;~
e given, Bayer attepfs the Property and agrees to 'the RELEASE set forth in pal"ft~
1Iieacceptam:eof.tw~er;, "",',, ",,"'>, ,:-','" :,.':::cit!~
.ttie"deposit moniesWt1f,tele3se the depOsit moriieshl:..al;ct>>:~ 'Wi1ii"tll:e~"ijci&:'>o1)9. .
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'io~tair{tbe,DwDits~~wiiil1he~t6~~d1~::ilii' ", ',,' ;','~
.,,tbeD1OlJie&all;~'by,a'futahmletOfcourtoi$~A~mentof;di',,,, ",:;~'
:_~1ia:Dsee js,jeinedin'litigation. for Ihcf:reti#:Of dep6sit.monies,thl;~ ,j"",
.~:pmFbYthC:patty,jOiDiQt,1tiem; - :>1} 'fe' ,.:~..
~wbo:~~a:6nalciwjudgrrmtagaimtaPa:llsylvaniarealestate-licelL<reowing 48ll
. md..--__ID"'""''''''_*_'''''''''hmd'''''''''" 487
7SJ._"'_....21tl(>Wbm~Wbia)~m'4854(_~Wbia). ...
WNER1\$socIAnON) llESALE NOTlCKl'I'<liJ > ...
:, ',,' ',',."',, ."" ,>".',,"lIl,
i_llilye:r.:~thllfthe,Pi'ofletty.isantritofacondomiriium._1bat,~iprlinarilYI1l~by':~~~?:;,"~1,'
,~..",..w... , 'Aitt:~Pi:imsylvaliia"~Sd1~lOfumish,~ WWta~cate ofResale'anit~>;~~:"
. . i:' '~h:jbe:~~~,theI1llennd'regU~~S9cilitioJL ":"',~~L
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Abt:'(See'~ofPlanned:~tY~r; ~54!11(arOftb6,ActteqiUres 495
'. "~ than-pl.1iiB artd plans), thebylaw;'ibe niles lindregulatioris'otthe ilSsoCiatl0!4and' 496
f5<<ma) of"'" Act _. jrSJ 487
'_.z~Page6'of8 senti- InitialS: 498
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c'tG HuyeHor anY~lte()mi irlfomia~~ru~byi
,~ "';.(f" ' 1:
:, ''''_'aJilIociatiofi~meJ.t~,~afor5'daYS'there!tler;ORUntil
.:A~''YOit!"~tbe ~'~g; th6reafter'aUdeposit~Dies'WiJlbc
{,.,. ' ,;,;.~i1; ,,;>', ).d
"~~~~elaS~trc~~iiisthntrigbt,ScllerWillteimburse
",pti.oeartd2fl)t~~:lDt~iii~II~{H?'~i#f@r: (l~::nt1e Search;title!in~ra~,ce anfoc
'Jifllmy;,(!1:ji;~~.ndtOt~'~mifiIde"~CXtendf!U;~o~',rillne'mIb-
'wi.y;(3) AppiaiIliUceS'Ud~ paid\in 'advance tOm(irtgag~'lenilei;~$ny;
,~",;~~~'d;;~W.~,.,any",~~:~,~;~y s~~~~~J~~'ln it~.present,,~~J~'~";t1~al
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"'''1iiIdcnigned'~ involved in this 1nInsaction, oDbebalfof~~~es and'tbeir~. ~iat,.1,:~~;
.-' ",'." ..', ",""C-...:.IlCstoftheitkftowk:dgeandbelief, and'1hatmiyrMietitgreemententeredm1h:by~"6f:'<;~1
'these'~Csliti'~r'1ilJ.~",',tbiS'ttaDS~ctiOO:jS~tothisAgreement. .' 1180
;~~u ,.,,:~!~!t'-4::~:',1be;~A [J:'B~ for Seller o Broker em: Buyer agree to sUbmit to mediation in ~ccordance~ :
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09/01/2005 13:50 FAX 7175912224
d$/ :~n ;' -;-~a.El5 23: 3.? 7177319916
REIlAX REALTY ASSOCIATES
~003
PAGE E13
,
Realty Associates, Inc.
ADDENDUM TO SALES AGREEMENT
In ....,.~ to .............. ...... lI.....n (') i I d~ 4..- ..i 6 ~ ~/ -"""'d
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13 Kh;j1~t E
SELLER'S PROPERTY DISCLOSURE STATEMENT
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSfi (PAR).
C:D? ,Wa./-hh CT' . L.eAu VJ'Q. f?t1=. '/7~3
- /
3 SeDer Ch,,, r -r'fr;~ (,?~U\""
4 The Real Estate Seller Disclosure Law (68 P.S. ~7301 et seq.) requires that a seller of a property must disclose to a buyer all knowu
5 material defects about the property being sold that are not readily observable. While the Law requires certain disclosures, this disclo-
6 sure statemeut covers common topics beyond the basic requirements of the Law in an effort to assist seUers in complying with dis-
7 closure requirements and to assist buyers in evaluating the property being considered. Sellers who wish to see or use the hasic dis-
8 closure form can t"md the fonn on the Web site of the Pennsylvania State Real Estate Commission.'
9 . This Statement discloses Seller s knowledge of the condition of the property as of the date signed by Seller and is not a substitute for
10 any inspections or warranties that Buyer may wish to ohtain. This Statement is not a warranty of any kind by Seller or a warranty or
11 representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encoumged to address concerns
12 about the conditions of the property that may not be included in this Statement This Statement does not relieve Seller of the obligation
13 to disclose a material defect that may not be addressed on this form.
14 A Material Defect is a problem with a residential real property or any portion of it that would.have a significant adverse impact on the
15 value of the property or that involves an unreasonable risk to people on the property. The" fact that a structural element. system or subsys-
16 tern is at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
SPD
1 Property Address
2
,
,.
I
l'
17 1. SELLER'S EXPERTISE Seller does not possess expertise. in .contracting, engineering, architecture, environmenta,1Jassessl}lent or
18 other areas related 10 the construction and conditions of.the property and its. improvements. except as.follows: ..<:R:lt:r:t. "De5..
19 IYJV<>eII!- /I/}<::
20 2. OWNERSHIP/Oc6rt>ANCY
21 (a) Is the property currently occupied? X Yes No
2:! If property is not occupied, wheu was it last occupied?
23 (b) How long have you owned the property? // W- l'.
24 (c) . AIe you aware of any pets having lived in the house 6r other structures dunng your ownership? ----.:.- Yes X No
2S If yes. describe:
26 3. ROOF
(a) Date roof installed: Documented? Yes No )< Unknown
26 (b) Has the roof been replaced or repaired during your ownership? _ Yes .x No
29 If yes, Was the existing roofing material removed? . _ Yes _ No _ Unknown
30 (c) Has the roof ever leaked during your ownership? X Yes ~ No
31 (d) Are you aware of any problems with the roof, gutters, flashing or downspouts? _ Yes L No
32 Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or nimediation efforts:
33 -fP"i. /..,,/< <-0j"'~~ 1'.4-.,-"" ;;;>fJpv,.;x ~ yr~' "':;15
34 4. BAS MENTS AND C SPACES (Complete only if applicable) .
35 (a) Does the property have a sump pump? _ Yes -X- No .. Unknown
36 If yes, has it ever run? ~ Yes ~ No _ Unknown Is it in working order? _ Yes _ No _ Unknown
37 (b) AIe you aware of any water leakage, accumulation, or dampness within the basement or crawl space? X--- Yes L. No
38 (c) Do you know of any repain; or other attempts to control any water or dampness problem in the basement or'CIllwl space? L Yes _ No
39 Explain any "yes" answers in this section, including the location and extent of any prob1em(s) and any repair or remediation efrom:
4<l t. "s bv.PLWt"'{ 'A<<~~,.i5" sy~ .-J"~f""c<:; <11''''-;''5 ~ ::r:'/d "'A ~
41 5. TERMITESlWOOO-OESTROYINU INSECTS, DRYROT, PESTS . .
42 (a) Are you aware of any tennites/wood-destroying insects, dryrot, or pests affecting the property? _ Yes ~ No
43 (b) Are you aware of any damage to the property caused by termites/wood-destroying inseets. dryrot. or pests? _ Yes X- No
44 (c) Is your property currently under contract by a licensed pest control company? _ Yes ~ No
45 (d) AIe you aware of any tennitelpest conttol reports or treatments for the property? _ Yes X No
Explain any "yes" answers in this section, including the name of any service/treatment provider, if applicable:
1:
l'
"
21
2.
Z
2::
2'
"
2f
If yes, by whom? X Seller _ Other occupants (tenants)
27
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2f
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3(.
31
32
33
J4
35
%
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41
42
43
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45
46
47
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49
56
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52
46
47
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49
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51
52
53
54
55
56
57
511
· .......- ~-- ~~t /
rn PenMYlv.1a ~~; tJ~
I,. REALTORS"
STRUCTURAL ITEMS
(a) Are you aware of any past or present water leakage in the house or other structures? _ Yes L No
(b) Are you aware of any past or present movement, shifting. deterioration. or other problems with walls, foundatious. or other
structural componeuts? _ Yes -X- No
(c) Are you aware of any past or present problems wiJh driveways, walkways, patios. or retaining walls on the property? _ Yes X- No
(d) Is your property constructed with an Exterior Insulating Finishing System (EIPS). such as Dryvit or synthetic stucco?
Yes --:x- No Unknown If yes. date installed, if known
(e) Are there any defects (including stains) in flooriug or floor coveriugs? _ Yes X No _ Unknown
(f) Are you aware of any fire. storm, water or ice damage to the property? _ Yes --X- No
Explain any "yes" answers in this section, including the location and extent of any problem(s) and any repair or remediation efforts:
53
54
55
56
51
sa
SPO Page I of 5
SeUerInitials: ~-A Date dto!o(
COPYRlGHTPENNSYLVA~lATIO*~,~~
59
7. ADDIDONSlREMODELS Have you Ii1ade any additioos, slrudllnIl changes,- or otheraltemtims tod1e ~ ~ Yes --X No
If"yes," describe:
60
61
82
63 8. WATER SUPPLY
64 (a) What is the.source of your drinking water? X Public Water
65 None _ Other (explain):
66 (b) When was your water last tested? Test results:
Ii? If your drinking water source is not public, is the pumping system in working order? .
6lI If"no," explain:
6lI (c) Do you have a softener, filter, or other treatment system? ->L Yes
70 If you do not own the system, explain:
71 (d) Have you ever had a problem with your water supply? Yes X' No
72 (e) Has your well ever run dry? '_ Yes ---'- No )( Not Applicable
73 (I) Is there a well on the property not used as the primary sourCe of drinking water? _ Yes .:X: No
74 If yes, is the well capped? _ Yes _ No
75 (g) Is the water system shared? _ Yes 'X- No
76 (b) Are you aware of any leaks or other problems, past or present, relating to the water supply, pumping system. and related items?' 7
n L Yes No 7
18 Explain any "yes" answers in this section, inclnding the location and extent of any problem(s) and any repair or remediation efforts: 7i
79 ""'",^::>.ll ~"'l f I M U+lli~, rOO fI\A 7'
60 9. SEWAGE SYSTEM . &
81 (a) What is the type of sewage system? -2t Public Sewer _ Individual On-lot Sewage Disposal System 8
82 _Individual On-lot Sewage Disposa1.System in .Proximity to Well _ Community Sewage Disposal System a:
83 _Ten-acre Pewit Exemption _Holding Tank. None None AvailablelPermit Limitations in Effect a:
64 _Other type of sewage system (explain): 8<
85
86 (b) If Individual On-lot sewage system, what type? ~ Cesspool.
Ii? _ Other (specify):
88 (c) Are there any septic tanks on the Property? _ Yes ~ No _ Unknown .,
. B9 If ''yes,'' what type oftank(s)? ~ MetaVsteel ~ Cement/concrete _ Fiberglass
90 _Other (specify):
91 (d) When was tbe on-site sewage disposal system last serviced? 91
92 (e) Are there any sewage pumps located on the property? 15- Yes 92
93 If yes, type(s) ofpump(s) ~""'':'d..r . 93
94 Who is responsible for maint ance of sewage pumps? ' "'....... "'r 94
95 (I) Is the sewage system shared? Yes ~ No 95
96 (g) Are you aware of any past or present leaks, backups, or other problems relating to the sewage system and related items? 96
Ii1 ~~~ .
98 Explain any "yes" Coswers in this section, including the location and extent of any probIem(s) and a';y repair or remediation efforts: 98
~ 90
100 10. PLUMBING SYSTEM 100
101 (a) Type of plumbing (check all that apply): L Copper _ Galvanized _ Lead _ PVC L Polybutylene pipe (PB) 101
102 _Mixed _ Unknown _Other(explain): 102
103 (b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath- 103
104 room fixtures; wet bars; etc.)? Yes -2L- No 104
105 If ''yes,'' explain: 105
106 I I. DOMESTIC WATER HEATING 106
107 (a) Type of water heating: _ Electric LNalura1 Gas 107
100 Other (explain): 100
109 (b) Arc you aware of any problems with any water heater or related equipment? _ Yes ~ No 109
110 If "yes," explain:
111 12. AIR CONDITIONING SYSTEM
112 (a) Type of air conditioning: _ Central Air _ Wall Units X- Window Units
113 Other (explain):
114 Number of window units included in sale-3- Location(s) VpfJf'r Wd....hO"^< '-/("'/ ^)
115 (b) Age of Central Air Conditioning System: _ Unknown Date last sefyiced, ifknown
116 (c) List any areas of the house that are not air conditioned: be.__
_ Wel\.on Property --.: Community Water
. Yes
No
I
I
I
7
7
1
7
7
7
No
8!
Drainfield .
Unknown
8l
a;
Unknown '
61
8!
91
_ FuelOil _Propane _Solar, _SunnnerlWmlfrHook-Up
11.
111
None .
1'2
113
114
115
116
111
118
119
117
118
119
(d) Are you aware of any problems with any item in this section?
If ''yes,'' explain:
Yes
.)L. No
, .
Seller Initials: ~ Date all/) 105 120
120 Buyer Initials:
. 121 13. 'HEATING SYSTEM
122 (a) Type(s) of heating fuel(s)(check'all that apply): _ Electric ~ Fuel Oil .~ Natur,ll Gas '-- Propane
123 Coal Wood Othet:
124 (b) Type(s) of heating system(.) (check all that apply): ~ Forced Hot Air ~ Hot Water .:....-. Heat Pump
125 _ Electric Baseboard _ Steam _ Wood Stove (How many? _) _ Coal Stove (How many? ~)
126 _ Other:
127 (c) Age of Heating SyStem: rr JI'(.l' _ Unknown Date last serviced, if known . ' ,
128 (d) Are there any fireplaces? ---:L- Yes _ No If''yes,'' how many?---L- Are they working? L Yes,
129 (e) Are there any chimneys (from a ftreplace, water. heater or any other heating system)? X- Y~s _. No '
130 If ''yes,'' how many? .3 When were they last cleaned? ~ Unknown L
131 AIe they working? ~ Yes _ No If"no,"explain:
132 (I) List any areas of the house that are not heated:
133 (g) AIe you aware of any heating fuel tanks on the property? ~ Yes L .No
134 Location(s), including underground tank(s):
135 If you do not own the tanks, explain:.
'136 Are you aware of any problems or repairs needed regarding any item in this section? ~ Yes' " No
137 If "yes," explain:
138
139 14. ELECTRICAL SYSTEM
146 (a) 1YJle of Electrical System: _ Fuse. L Circuit Breakers How. Many Amp.? _
141 (b) Are you aware of any knob and tube wiring in the home? _ Yes ~ No
142 Are you aware of any problems or repair. needed in the electrical system? L Yes
143 If "yes," explain: <?1A-"tY'A1A<Jz Cl< "'Ie
144 15. OTHER EQUIPMENT AND APPLIANCES
145 This section must be completed for each iteDi that will, or may, be sold with the property. The faet that an item is nsted does
146 not mean it is included in the Agreement of Sale. Terms of the Agreement of Sale' negotiated between Buyer and SeDer will'
147 determine which items, if any, are included in the purchase of the Property.
148 (a) l.. Electric Garage Door Opener Number of Transmitters ~ Keyle.s Entry
149 (b) -X Smoke Detectors Howmany?~ Location(s) ".."'<::(.., {(.v~1 i I-b~d(()o"""
150 (c) Security Alarm System _ Owned _ Leased (Lease Information
151 (d) Lawn SprinkIer(s) How many? _ Automatic Timer _
152 (e) Swimming Pool _ Hot Tub/Spa _ Pool/Spa Heater _ Pool/Spa Cover _ 'WhirlpoolfI'ub
153 Pool/Spa Equipment and Accessorie. (list):
'&4 (I) ~ Refrigerator(.) --1- Range/Oven 1- Microwave Oven --L Dishwasher -L-' Trash Compactor
155 Garbage Dispo.al _ Chest Freezer _ Washer ~ Dryer _ Intercom .
156 (g) I Ceiling Fan(s) How many? L Location(.) 01,1'\/ ".$,
157 (h) 1L- Awnings _ Attic Fan(s) i Satellite Dish _Storage Shed L Deck(s) _ Electric Animal.Fence .
158 (i) _ Other:
159 Are you aware of any problems or -.epairs needed regarding any item in this section? _ Yes L No
166 If "yes," explain:
161 16. LAND (SOILS, DRAINAGE, FLOODING AND BOUNDARIES)
162 (a) Land/Soils
153 1) Are you aware of any fill or expansive soil on the property? Yes JL.. No
164 2) AIe you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have
165 occurred on or affect the property? Yes -X- No
165 3) Are you aware of any existing, past or proposed mining, .trip-mining, or any other excavations that might affect this
157 property? _ Yes l No
,.. Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence
169 damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subsi- '
170 dence Insurance Fund, 25 Technology Drive, California Technology Park, Coal Center, PA 15423 (800) 922-1678 (within
171 Pennsylvania) or (724) 769-IIOO (outside Pennsylvania).
172 4) Is the property, or a portion of it, preferentially assessed for tax pwposes, or subject to limited development rights?
173 _Yes _ No If "yes", check all that apply below:
174 _ Farmland and Forest Land Assessment Act - 72 P.s.*5490.1 et seq. (Clean and Green Program) ,
175 _OpenSpaceAct- 16P.S.*"94Ietseq.
170 _ Agricultural Area Security Law - 3 P.s. ~90l et seq. (Development Rights)
n Other 177
76 Note to Buyer: Pennsylvania has en{J(;ted the Right to Farm Act (3 PS S 951-957) in an effort to limit the circumstances under 178
79 which agricultural operations may be subject to nuisance suits. or ordinances. Buyers are encouraged to investigate whether any 179
60 agricultural operations covered by the Act operate in the vicinity of the property. 180
61 Explain any "yes" answers in this seeliou: 10'
11
1:
1:
,:
1:
II
No
11
11
,'12
13
13
13
13
13
13
13f13
13
"
1~
14'
14:
14:
14-
14/
14(
Unknown
No
14i
141
141
) 151
t!1
f5~
153
1&4
155
156
. 157
158
159
IllO
161
162
163
164
165
166
11\1
166
169
170
171
172
173
174
175
176
82
,
93 Buyer Initials: <..l.' ~.'
ate
SPD Pal!e 3 of 5
Sp,nf'or InitiAl:. (" "\
n41-...
~/;. /.<:
182
,184
185
186
187
186
189
190
191
192
193
194
185
196
197
186
199
200
201 17.
202
203
204
205
208
207
208
209
21.
211
212
213
214
21'
216
217
216
219
22Q
221
222
223
224
225
226
227
228
229
23Q
231
232
233
234
235
238
..(b) FloodIng/Drainage
I) Is any part of this property located in a wetlands area or a FEMA flood zone? _Yes L No -L- Unknown
2) Do you know of any past or present drainage or flooding problems affecting the property? _ Yes -.X- No
Explain any "yes" answers in this section, including dates and extent of flooding:
11
"
11
11
11
It
It
11
11
11
11
"
U
(c) Boundaries
I) Do you know of any encroachments, boundary line disputes, or easements affecting the property? Yes L No
Note 10 Buyer: Most properties have easements running across them for utility services and olher reasons. In many cases. Ihe
easements do nol restrict the ordinary use of Ihe property, and Seller may lUlt be readily aware of them. Buyers may wish to
determine the existence of easements and restrictions by examining the property and ordering at! Abstract of TIlle or searching
the records in the Office of the Recorder of Deeds for the county before entering into an agreement of sale.
2) Do you access the property from a private road or lane? _ Yes -X-.- No
[fyes, do you have a recorded right of way or maintenance agreemeut? _ Yes No
3) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements?
Yes ~ No
Exp[ain any "yes" answertin this section:
15
19
19
2Q
HAZARDOUS SUBSTANCES AND ENVIRONMENTAL ISSUES 2Q
(a) Are you aware of any underground tanks (other than home heating fuel or septic tanks disclosed above)? _ Yes L No 20
(b) Are you aware of any past or present hazardous substances present on the property (structure or soil) such as, but not limited 20
to, asbestos or polychlorinated biphenyls (PCBs), etc.? _ Yes~No 20
( c) Are you aware of sewage sludge (other than commercially available fertilizer products) being spread on the property, or have you 20
received written notice of sewage sludge being spread on an adjacent property? _ Yes ~ No 20
(d) Are you aware of any tests for mold, fungi, or indoor air quality in the property? _ Yes --X No 20
(e) Other than general household cleaning, have you taken any efforts to control or remediate mold or mold-like substances in the 20
property? _ Yes -X- No 20
Nole /0 Buyer: Individuals may be affected differently. or not at.all, by mold contamination. If mold contamination or indoor air qual-
ity is a concern, buyers are encouraged to engage the services of a qualified professional to do testing. Information on this issue is
available from the United Slates Environmental Proteclion Agency and may be obtained by contacting IAQ INFO, PO. Box 37133,
Washing/on, D.C 20013-7133, 1-800-438-4318.
(f) Are you aware of any dumping on the property? _ Yes i No
(g) Have you received written notice regarding the presence of an environmental hazard or biohazard on your property or any 2"
adjacent property? _ Yes X No
(b) Are you aware of any tests for radon gas that have been performed in any buildings on the property? X- Yes
If ''yes,'' list date, type, and results of all tests below:
DATE / TYPE OF TESr REsULTS (picocurieslliter or working levels) NAME OF TESTING SERVICE
C/25jO< E- j>prM <:;":~ .c3/l"'r I.by l' -';/("';t=.
21
21
21
21:
21.
21.
No
21j
211
2H
22(
221
(i) Are you aware of any radon removal system on the property? Yes -X No
[f ''yes,'' list date installed and type of system, and whether it is in working order below:
DATE INSTALLED TYPE OF SYSTEM PROVIDER
22'
223
224
225
226
227
228
229
230
(k) If property was constructed, or if construction began, before 1978. you must disclose any reports or records of lead-based paint 231
or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based 282
paint hazards on the property? Yes X- No
[f''yes,'' list all available reports and records:
(I) Are you aware of testing on the property for any other hazardous substances or environmental concerns? Yes L No
(m) Are you aware of of any other hazardous substances or environmental concerns that might impact upon the property?
231 Yes -X-- No
138 Explain any "yes" answers in this section:
139
WORKING ORDER?
Yes No
Yes No
(j) If property was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the
property. Are you aware of any lead-based paint or lead-based paint hazards on the property? _ Yes -X- No
[f ''yes,'' explain how you know of it, where it is, and the condition of those lead-based paint surfaces:
233
284
28'
m
2S7
2S8
m
24Q
241
!4Q
!41
!42 Buyer Initials: ~ Date ~c6
SPD Page 4 of 5
,
<J. (:,
Seller Initia~sk.~--)
'-(.. JU' '-.
t'\ 'U '
-> I ..j
Date ;<;/;%s
,
242
,24313, CONDOMINIUMS AND OTHERHOMEOWNERASSOCIATIONS (Complete only if appHClible) 24
244 Type: _ Condominium _ Cooperative _ Homeowner Association or Planned Cotnn\unity 24
245 Other: . 24
245 Notice regarding Condominiums, Cooperatives; and Planned Communities: A buyer of a rr!Sale Unit in a condominium. coopera- 24
241 tive, or planned community must receive a copy of the declaration (other than the plats and plans), t~iby-laws, the rules or regula- 24.
245 tions, and a certificate of resale issued by the association in the condominium, codperative. or planned com- 2M
249 munity. Buyers may be responsible for capital contributions, initiation fees or similar one-time fees in addition to regular monthly 2A1
250 maintenance fees. The buyer will have the option of canceling the agreement with the return of all deposit monies until the certificate 251
251 has been provided to the. buyer and for five days thereafter or until conveyance. whichever occurs first, 25'
25219. MISCELLANEOUS \ I' ' 25:
253 . (a) Are you aware of any historic preservation rest!iiction or ordinance or archeological designation associated with the property? os:
254 _ Yes A- No 25<
25S (b) Are you aware of any existing or threatened legal action affecting the property? _ -Yes L No 25!
256 (c) Are you aware of any violations offederal, state, or local laws or regulations relating to this property? _ Yes X-. No 251
2S7 (d) Are you aware of any public improvemen~ condominium or homeowner association assessments against the property that remain 251
256 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? _ Yes -X- No '251
250 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or eqnity loan), overdue payment on a support obli- .251
250 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? _ Yes -X No 2li<
261 (I) Are you aware of any reason, including a defect in title,.that would prevent you from giving a warranty deed or conveying title to the 251
212 property? _ Yes ~ No 26l
2Il3 (g) Are you aware of any insurance claims filed relating to the property? ~ Yes L No 28!
264 (h) Are you aware of any material defects to the property,. dwelling, or fixtures which are not disclosed elsewhere on this fonn? ~
~ -~~. ~
286 A material defect is a problem with a residential real property or any portion of it that would have.a significant adverse impact 286
267 on the value of the property or that involves an unreasonable risk to people on the property. The fact that a structural elemen~ 251
268 . . system or subsystem is at or beyond the end of the nonna! useful life of such a structural element, system or subsystem is not by 250
269 itself a material defect 269
m EIplaln any "yes" answers in this section: .210
m m
m WITNESS
m WITNESS
219 WITNESS
212 The undersigned SeDer represents that the information set forth In this disclosure statement is accurate and complete to the best 272
213 of SeDer's knowledge. SeDer hereby authorizes the Listing Broker to provide this information to prospective'buyers of the prop- 273
274 erty and to other real estate Iitensees. SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION 274
275 CONTAINED IN THIS STATEMENT. Seller shaD-cause Buyer to be notified in writing of any information supplied on this form 215
276 whIch is rendered inaccurate by a change in the condition 'oUhe property following completion oUhis form. 216
P<.U,.,U\D
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SELLER
SELLER
SELLER
DATE
DATE
DATE
~if5 :
279
280
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
280
281 According to the provisions of the Real Estate Seller Disclosure Law, the undersigned executor, administrator or trustee is not required
282 to fill out a Seller's Property Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known mate-
2Il3 rial defect(s) of the property.
2a.t
DATE
281
m
283
2114.
2B5
RECEIPT AND ACKNOWLEDGEMENT BY BUYER
285
2116 The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a 288.
m warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It 281
2118 is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property 288
289 be inspected, at Buyer's expense and by qualified professiona to dete mine 'tio f the structure or i co ponents. ...
290 WITNESS 1.,6.ill;^ fJ-~ BUYER DATE 290
291 WITNESS ~ BUYER DATE 291
m WITNESS BUYER DATE m
193
SPD Page 5 of 5
293
Exhrh ,f C
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03/31/2005 23:32 7177318916
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b. The t.tlM; pr;riod Mated in ]Jll'fIlIJ:aph . lihl%: _ Q( the Agreement i!l! atended lei
r_ The: Uw..... JX'flod ~t...... In pM\lt&'fapb ____. lime _ _ of the Agrc..cn,u~l1t I~ /NC.1;I:.ndtd i;o ..~._ ___.,_
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.' O...~ Ptice: Pul';:l'1iI.... price is Olu4.ns.m f..mn $ (I[) $ .
5. a ~ MnOlaU Mort.@'all:~ .rnOOQr;:I; cNa~ fc'ltIm $: _ co $ =--=:=.~=.~~=.~~
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1. 0 Buy" fl~ the Pt'OpeI1)' lJ:l the condldoa rofIoc:rcrd M tho <<bmtll!. rerK'U.tIlL
:Z~ l J Bu)'~r lcnnindal. ehe Aa:nl:ll!:~~ of Sa1l:: (0Illy if P"Ovidcd few by tM: tlt:rrn.. m the. ~Ilf.).
.~..yer acc-e:pt5 u.. Propc::ny aad SeDer ""ilI:
.. ~ ~ At $alteT', .:x~... priC.\r to tettJ$:t make , foI~ repair~ and/or- COlT.eC:lion... to thE Pw-(.'f.NI!Tty
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Co C ..ep.... C......t: Snt,'-':" _m 4'lt1ICfh $.-. toward. 1:hc. c:.~tS of n:pafts lind/or correction III to rbe P:ropcny
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d~ t:J (!hnla. m T~\u A&~ t~ t."hlim&C- ihCl ..rnv.: (1f Ulo ~rccmcnt ur ~hde. Il~ $l'nted 11'1 the Change: of Tc::nm;.
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St;:T.LEIl ANI> lIrf;~Ea MUST RJi:slI'()l'.'D WITBJN THE TlMl1. PElUOI)(S) !IT....,'lUl II'< l'HE A.GllEE1\ll!:NT' OF
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3. Spoulin. - Will ne6d redonotoatoptbedcterioration of the brick 5175
4. 8&..._ door - Duo< _ _ ;~.... COOf1rCI>I:Iy .. __ 10 toe
........... propedY '300
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f'eadina and ren'letd.i.atc
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: ..,;c ,,~::i1 0F DEEDS
TAX PARCEL NO.: 12-1.3-0543-048
,'Il"~l It'-'i'.f _ L' '.
.'."11. I'.
THIS DEED
1\'\
MADETHE dl- DAYOF~r
THOUSAND FIVE (2005)
,'.r: nnr
.:J Ui.o
y m~ 9 00
, IN THE YEAR TWO
BETWEEN:
JON W. OWENS, single person and JANE E. OWENS, single person,
GRANTORS
AND
AUDRA M. SZOLLOSY,
GRANTEE
WITNESSETH, that in consideration of the sum of ONE HUNDRED SIXTY-FOUR
THOUSAND NINE HUNDRED ($164,900.00) Dollars, in hand paid, the receipt whereof is
hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their
heirs and assigns:
ALL THAT CERTAIN tract or parcel ofland and premises, situate, lying and being in the
Borough of Lemoyne, in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
BEGINNING at a point on the southeastern line of Walton Court on the dividing line between
Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along said dividing line
South fifty (50) degrees forty-six (46) minutes East one hundred thirty-two and five
one-hundredths (132.05) feet on the point on the boundary line between the Borough of
Lemoyneand the Borough of New Cumberland; thence along said boundary line South fifty-two
(52) degrees Wesfone hundred (100) feet to an ironpmin the northeilStern line of Walton Street;
thence along the northeastern line of Walton Street North thirty-three (33) degrees ten (10)
minutes West one hundred seventeen and ninety-nine one-hundredths (117.99) feet to an iron
pipe; thence on a curved line connecting the northeastem line of Walton Court with the
southeastern line of Walton Court and having a radius of twenty (20) feet, thirty-three and
thirty-three one-hundredths (33.33) feet to an iron pipe in the southeastern line of Walton Court;
thence along the southeastern line of Walton Court North sixty-two (62) degrees nineteen (19)
minutes East thirty-seven and ninety-nine one-hundredths (37.99) feet to the point or place of
BEGINNING.
BEING LOT NO. 1 as shown on Plan of Plot" A" of Chatham Village, said Plan of Lots being
recorded in the Cumberland County Recorder's Office in Plan Book 5, Page 6.
f50D~:
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.
HAVING THEREON ERECTED a single brick dwelling house No. 508 Walton Court,
Lemoyne, Pennsylvania.
TOGETHER with the right to use the private sewer line extending into said property from
Walton Court over and across a portion of Lot No.2 on said Plan of Lots and continuing thence
through other lands, now or late of Stuart M. Heagy and Evelyn F. Heagy, his wife, to the
Municipal Sewer Line in Walton Street.
BEING THE SAME PREMISES which Douglas C. Abbe, single individual, by his deed dated
May 27, 1994 and recorded May 27, 1994, in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 106 Page 67 granted and conveyed unto Jon
W. Owens and Jane E. Owens, husband and wife, grantors herein.
Pursuant to Complaint in Divorce filed April 7, 2005 in the Court of Common Pleas in
Cumberland County to Number 2005-1814. Jane Owens and Jon Owens were divorced by Final
Decree entered July 27, 2005.
AND the said Grantor(s) do hereby WARRANT SPECIALLY the property hereby conveyed.
IN WITNESS WHEREOF, said Grantor(s) havelhas hereunto set their hands and seals the day
and year first above written.
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WITNESS:
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JON'W:o~' )
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STATE OF PENNSYLVANIA
COUNTYOF ~J :ss
On this the 4 ~y of ~ , 2005, before me, a Notary Public, the
undersigned officer, personal~:
JON W. OWENS, SINGLE PERSON AND JANE E. OWENS, SINGLE PERSON
known to me, or satisfactorily proven to be the person(s) whose Name(s) is/are subscribed to the
within instrument, and acknowledged that they executed the same for the pwposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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MY COMMISSION EXPIRES;
NoI8rIaI Seal
GI6nda M, Weltinglon. Nolaty PublIc
QInp HlI Boro. Cut1Il9rfllnd County
MyCOhWI1IlI8lon Elqires Dee, 2:1. 2006
MiIIIbIr. PtI........--... 01 NOIIItM
CERTIFICATE OF RESIDENCE
I HEREBY CERTIFY THE PRECISE RESIDENCE OF THE GRANTEE(S) HEREIN IS
AS FOLLOWS:
Office for the Recording of Deeds in and for CUMBERLAND County, Pennsylvania
Recorder's Certificate:
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INVOICE
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SPECIALTY CONlRACfORS . P.O, flO)( 6417 . Hon1sburg. FA 17\ 12 . 717.667.3:'{)"2 . PI',/, !17.(67.900fi . \W.bcf.€: www.hc,,,,",,,,":.,,.;
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508 Walton Court
Lemoyne, PA 17043
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~ 508 Walton Court
~ Lernoyne, PA 17043
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Description
Quantity
Unit Price
Amount I
Labor
DT - Roof Maint Technician
2.00 HOURS
$99.40
Labor
$198.80
$198.80
Material & Other Charges
Total Other Charges
$44.52
,
lwork Perfonned
10/8 Investigated emergency leak. Applied cement to 2 vent caps on ridge
and at shingles at step flashing around chimney.
Total:
$243.32
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East Shore 657.1700
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VERIFICATION
I, Audra M. Szollosy, the within Plaintiff, hereby verify that the facts set forth in the
foregoing Complaint are true and correct to the best of my knowledge, infonnation and belief. 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.
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AUDRA M. SZOLLOSY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2733 CIVIL TERM
JON OWENS and JANE OWENS,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Audra M. Szollosy, Plaintiff
and
James E. Chiaruttini, Esquire
Barley Snyder, LLC
100 East Market Street
P. O. Box 15012
York, PA 17405-7012
You are hereby notified that you have tWenty (20) days in which to plead to the enclosed
New Matter or a Default Judgment may be entered against you.
SNELBAKER & BRENNEMAN, P. C.
~
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, P A 17055
(717) 697-8528
J\ttomeys for Defendant Jon Owens
Date: June 5. 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN. P.C.
AUDRA M. SZOLLOSY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2733 CIVIL TERM
JON OWENS and JANE OWENS,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
Defendant Jon Owens, by his attorneys, Snelbaker & Brenneman, P. C., submits this
Answer with New Matter in response to Plaintiffs Complaint as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Denied. It is denied that Defendant Jane Owens presently resides at the address
stated. Answering Defendant does not know the precise address where Defendant Jane Owens
resides.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that the parties entered into a written
agreement for the sale and purchase of the property located at 508 Walton Court, Lemoyne,
Cumberland County, Pennsylvania (the "Property"). It is denied that the document bearing a
date of August 13,2005 attached to Plaintiff's Complaint as "Exhibit A" is a copy of the parties'
written agreement for the sale and purchase of the Property for the reason that Exhibit A is
illegible. It is admitted that the Addendum to the Sale Agreement included as part of Exhibit A
is an addendum to the parties' written agreement; however, it is denied that Exhibit A includes all
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
addenda to the written agreement.
6. Admitted.
7. Admitted in part; denied in part. It is admitted only that Defendant Jon Owens
authorized his agent to agree to the terms of the addendum attached as Exhibit C to Plaintiffs
Complaint. It is denied that the addendum was completed by Plaintiff and Defendant on August
27,2005. The addendum, being in writing, speaks for itself; therefore, Plaintiffs
characterization of the contents of that addendum as set forth in Paragraph 7 is denied.
8. Admitted in part; denied in part. It is admitted only that settlement on the sale and
purchase of the Property took place on September 28,2005. After reasonable investigation, this
party is without sufficient information to form a belief as to the truth of the remaining averments
of Paragraph 8 of Plaintiff's Complaint; therefore, same are denied and strict proof thereof
demanded at time of trial.
9. Admitted to the extent relevant.
10. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the averment that Plaintiff discovered "several defective
conditions" ofthe home upon occupation of the Property; therefore, same is denied and strict
proof thereof demanded at time of trial. It is further denied that if any defects were discovered,
such conditions were contrary to representations made by answering Defendant concerning the
roof of the home, plumbing, plumbing fixtures, water heater and heating system.
11. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the averment that the circulating pump of the boiler was
inoperable at some point after settlement when Plaintiff began to use the heating system;
therefore, same is denied and strict proof thereof demanded at time of trial. It is further denied
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
that the circulating pump of the boiler was inoperable either at the time of settlement or at the
time of the completion of the Disclosure Statement. By way of further answer, the boiler was
2
serviced by a designated service company. Finally, it is denied that Defendant Jon Owens
admitted subsequent to settlement that he knew the boiler pump was not working and forgot to
disclose it. The boiler pump was in fact operable although it needed manual manipulation to
start it.
12. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth ofthe allegations contained in Paragraph 12 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
13. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth ofthe allegations contained in Paragraph 13 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
14. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 14 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
15. Paragraph 15 of Plaintiffs Complaint contains unwarranted conclusions of law to
which no response is required by this party; therefore, same are deemed to be denied pursuant to
Pa.R.C.P. 1029(d). To the extent any response is necessary, it is denied that Defendant engaged
in any fraudulent misrepresentation.
16. Admitted.
17. Admitted in part; denied in part. It is admitted the representation was made as stated
in the Disclosure Statement. After reasonable investigation, this party is without sufficient
information to form a belief as to the truth of the allegations contained in Paragraph 17 of
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Plaintiffs Complaint pertaining to the allegations of a statement made to Plaintiff "outside of the
3
Disclosure Statement"; therefore, same are denied and strict proof thereof demanded at time of
trial.
18. Admitted.
19. Admitted.
20. Admitted.
21. Admitted.
22. Denied. The allegations of Paragraph 22 of Plaintiffs Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant toPa.R.C.P. 1029(d). To the extent a reply is necessary, it is
denied that answering Defendant made any false or inaccurate representations, whether
negligently or intentionally, or made any fraudulent or negligent misrepresentations.
23. Denied. The allegations of Paragraph 23 of Plaintiffs Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant to Pa.R.C.P. 1029(d).
24. Denied. The allegations of Paragraph 24 of Plaintiffs Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant to Pa.R.C.P. 1029(d).
25. Denied. It is denied that answering Defendant was aware or should have been aware
of the defective and substandard conditions alleged by Plaintiff to have existed at the time of
completing and signing the Disclosure Statement, the parties' written agreement and any
addendum to the agreement. On the contrary, it is denied that answering Defendant was aware
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
of any defective or substandard conditions not disclosed on the Disclosure Statement and
otherwise described to Plaintiff.
4
26. Denied. Paragraph 26 of Plaintiffs Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same is deemed to be denied
pursuant to Pa.R.c.P. 1029(d). To the extent a reply is necessary, it is denied that there existed
any problems with the dishwasher, related plumbing, kitchen hot water heater, boiler pump or
any roof leaks that were known to answering Defendant which were therefore required to be
disclosed in the Disclosure Statement or otherwise.
27. Denied. Paragraph 27 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same is deemed to
be denied pursuant to Pa.R.C.P. 1029(d). To the extent a response is necessary, it is denied that
answering Defendant made any misrepresentations to Plaintiff with respect to the Property.
28. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 28 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
29. Denied. Paragraph 29 of Plaintiffs Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same are deemed to be denied
pursuant to Pa.R.C.P. 1029(d).
30. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 30 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
31. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 31 of Plaintiffs Complaint;
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
therefore, same are denied and strict proof thereof demanded at time of trial.
5
32. Denied. Paragraph 32 of Plaintiffs Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same are deemed to be denied
pursuant to Pa.R.C.P. 1029(d).
Count I
33. The averments of Paragraphs 1 through 32, inclusive, of Defendant's Answer are
incorporated by reference herein.
34. Denied. Paragraph 34 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
35. Denied. Paragraph 35 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
36. Denied. Paragraph 36 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
37. Denied. Paragraph 37 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
38. Denied. Paragraph 38 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
6
39. Denied. Paragraph 39 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
40. Denied. Paragraph 40 of Plaintiffs Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
41. Denied. Paragraph 41 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d). Byway of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
42. Denied. Paragraph 42 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1 029( d).
WHEREFORE, Defendant Jon Owen requests this Court to enter judgment in his favor
and against Plaintiff together with costs of this action:'
Count II
43. The averments of Paragraphs 1 through 42, inclusive, of Defendant's Answer are
incorporated by reference herein in their cmtirely. ' .
44. Denied. Paragraph 44 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d). By way of further answer, the answering Defendant
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
was not aware of any of the conditions dfthePtoperty alleged to have been discovered by
7
Plaintiff after settlement. In addition, answering Defendant accurately disclosed the condition of
the Property prior to settlement.
45. Denied. Paragraph 45 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
46. Denied. Paragraph 46 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
47. Denied. Paragraph 47 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1 029( d). By way of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
WHEREFORE, Defendant Jon Owen requests this Court to enter judgment in his favor
and against Plaintiff together with costs of this action.
Count III
48. The averments of Paragraphs 1 through 47, inclusive, of Defendant's Answer are
incorporated by reference herein in their entirety.
49. Denied. Paragraph 49 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
50. Denied. Paragraph 50 of Plaintiffs Complaint contains a series of unwarranted
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
8
51. Denied. Paragraph 51 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
52. Denied. Paragraph 52 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
53. Denied. Paragraph 53 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
54. Denied. Paragraph 54 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
55. Denied. Paragraph 55 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
56. Denied. Paragraph 56 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
57. Denied. Paragraph 57 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
58. Denied. Paragraph 58 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
9
be denied pursuant to Pa.R.C.P. 1 029( d). By way of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
59. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 59 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
WHEREFORE, Defendant Jon Owen requests this Court to enter judgment in his favor
and against Plaintiff together with costs of this action.
Count IV
60. The averments of Paragraphs 1 through 59, inclusive, of Defendant's Answer are
incorporated by reference herein in their entirety.
61. Admitted.
62. Denied. Paragraph 62 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
63. Admitted in part; denied in part. Although it is admitted that Defendants did not
have the boiler serviced by the Burrells Company, the boiler was serviced and the work
inspected and approved by both the Burrells Company and Plaintiffs inspector. Accordingly, it
is denied that the boiler was not property serviced. The averments of Paragraph 11 of
Defendant's Answer are incorporated by reference herein.
64. Denied. Paragraph 64 of Plaintiffs Complaint contains a series of unwarranted
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
conclusions of law to which no response is required by this party; therefore, same are deemed to
10
be denied pursuant to Pa.R.C.P. 1029(d). The averments of Paragraph 63 ofthis Answer are
incorporated by reference herein.
65. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 65 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
WHEREFORE, Defendant Jon Owen requests this Court to enter judgment in his favor
and against Plaintiff together with costs of this action.
NEW MATTER
66. At all times relevant hereto Plaintiffwas represented by a real estate agent and/or
broker with respect to the purchase of the subject Property.
67. Plaintiff elected under the parties' written agreement to have the subject Property
inspected and/or certified by a licensed or otherwise qualified professional.
68. Prior to settlement Plaintiff had the Property inspected in accordance with the terms
of the parties' written agreement.
69. Plaintiff acknowledged receiving the Disclosure Statement by her signature dated
August 25,2005.
70. It is believed that Plaintiff received a written report resulting from the inspection
conducted of the Property.
71. Items identified for repair by the person engaged by Plaintiff to inspect the Property
were repaired and subsequently inspected and approved by Plaintiffs inspector prior to
settlement.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.c.
11
72. None of the alleged defects set forth in Plaintiffs Complaint constitute a "material
defect" as defined in the Disclosure Statement received by Plaintiff.
73. Answering Defendant had no knowledge of any error, inaccuracy or omission of any
information in the Disclosure Statement.
74. Plaintiffs Complaint and each Count therein fails to set forth any claim or cause of
action upon which relief may be granted.
75. Plaintiff has no cause of action against answering Defendant for material defects that
developed after the signing of the Agreement or that occurred after final settlement.
76. Pursuant to Paragraph 25 of the parties' written agreement, Plaintiff released and
forever discharged answering Defendant from any and all claims, losses and demands arising
from any defects or conditions on the Property.
77. Plaintiff acknowledged in Paragraph 26 of the parties' written agreement that she has
agreed to purchase the Property in its present condition.
78. It is believed and therefore averred that Plaintiff conducted a pre-settlement
inspection of the Property prior to settlement.
79. It is believed and therefore averred that as a result ofthe pre-settlement inspection
conducted by Plaintiff that Plaintiff determined the Property and its systems to be in satisfactory
condition.
80. It is believed and therefore averred that as a result of the pre-settlement inspection
conducted by Plaintiff that Plaintiff executed a written release discharging answering Defendant
from any liability which may arise due to the condition of the property.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
81. Plaintiff is barred from asserting any reliance upon any representation or claim
regarding the condition of the Property.
12
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
82. Plaintiffs Complaint should be stricken for failure to comply with Pa.R.c.P. 1021(c).
83. Plaintiff has waived her right to assert any claims against answering Defendant.
WHEREFORE, Defendant Jon Owen requests this Court to enter judgment in his favor
and against Plaintiff together with costs of this action.
SNELBAKER & BRENNEMAN, P. C.
By:/~
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendant Jon Owens
Date: June 4, 2006
13
VERIFICATION
I verify that the statements made in the foregoing Answer With New
Matter are true and correct based upon personal knowledge, information and/or
belief. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4909 relating to unsworn falsification 10 authorities.
({\
( .t'
'-- ....
.-
---.
Jon Owens
Drore: June 4, 2006
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Answer with New Matter to be served upon the
person and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
James E. Chiaruttini, Esquire
Barley Snyder, LLC
100 East Market Street
P. O. Box 15012
York, PA 17405-7012
Jane Owens
3237 Clear Stream Drive
Whitehall, P A 18052
SNELBAKER & BRENNEMAN, P.c.
By:l~
Keith 0: :Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendant Jon Owens
Date: June 5, 2006
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
No. 2006-SU-2733- YOl
AUDRA M SZOLLOSY,
Plaintiff
Civil Term
v,
Jury Trial Demanded
JON OWENS and JANE OWENS,
Defendants.
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT JON OWENS
Plaintiff, by and through her attorneys, Barley Snyder, LLC, files the following Reply to
New Matter of Jon Owens:
ReDlv to New Matter
All averments of Plaintifr s Complaint filed on May 12, 2006 are incorporated
**
herein by reference as if fully set forth at length.
66, Admitted in part and denied in part, It is admitted only that Plaintiff was represented
by a real estate agent during the time of viewing the property, negotiation of sales price, and
closing on the property, All other averments of this paragraph are denied, as Plaintiff was not
represented by a broker, and, because it is unknown what Defendant Jon Owens refers to by "at
all times relevant hereto", Plaintiff is unable to properly respond to that portion of the averment,
and same is therefore denied,
67. Denied as stated. It is acknowledged that Plaintiff elected to have the Property
inspected. All other averments by Defendant Jon Owens relate to a written document that states
1
what it states, and any characterization or summary by Defendant Jon Owens of the language,
intent, or import thereof are denied,
68. Denied as stated, It is acknowledged only that the Plaintiff had the Property
inspected, All other averments by Defendant Jon Owens relate to a written document that states
what it states, and any characterization or summary by Defendant Jon Owens of the language,
intent, or import thereof are denied.
69, Mter reasonable investigation, Plaintiff is without sufficient information to form a
belief as to the truth of the averment that the Disclosure Statement was signed on August 25,
2005, and same is therefore denied. Plaintiff does not possess a copy of the Disclosure
Statement with her signature on it as dated August 25,2005.
70. Admitted that Plaintiff received a written report for the inspection of the Property,
71. Denied as stated, Defendant Jon Owens does not identify specifically which "items
identified for repair" he refers to and therefore Plaintiff cannot specifically respond, It is
acknowledged that certain items were identified for repair by the inspector, that certain items
were repaired as identified, and subsequently inspected, By way of further answer, any action by
the inspector, and any repairs made as a result of the inspection obtained by Plaintiff, do not in
any way negate, offset, or excuse the fraudulent and negligent misrepresentations made by
Defendants to Plaintiff in the Disclosure Statement or otherwise concerning the Property,
72, Denied. States legal conclusions to which no responsive pleading is required, and the
averments are therefore denied,
73. Denied, All averments of Plaintiff's Complaint are incorporated herein.
2
74. Denied, States legal conclusions to which no responsive pleading is required, and all
averments are therefore denied.
75, Denied. States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied.
76. Denied. Defendant Jon Owens cites to a written document that states what it states,
and any characterization, summary, or interpretation of it by Defendant Jon Owens is denied. By
way of further answer, Plaintiff neither released nor discharged Defendants from any fraudulent
and negligent misrepresentations regarding the Property,
77. Denied, Defendant Jon Owens cites to a written document that states what it states,
and any characterization, summary, or interpretation of it by Defendant Jon Owens is denied, By
way of further answer, Plaintiff neither released nor discharged Defendants from any fraudulent
and negligent misrepresentations regarding the Property,
78, Admitted.
79. Denied. Plaintiff relied upon the representations made by Defendants concerning the
condition of Property, which representations have now revealed themselves as false and
inaccurate, as more specifically set forth in Plaintiff's Complaint, the averments of which are
incorporated herein by reference,
80, Denied, The responses set forth in paragraphs 76, 77, and 79 are incorporated herein,
81, Denied, States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied.
82, Denied. States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied. By way of further answer, any assertion
3
regarding a failure to comply with a rule of procedure is improperly pled as New Matter, but
rather must be pled as a Preliminary Objection, which Defendant has failed to do, Therefore,
any argument concerning a failure by Plaintiff to comply with an applicable law or rule of Court
has been waived by Defendant Jon Owens,
83, Denied. States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied,
WHEREFORE, Plaintiff demands judgment in her favor and against Defendants
consistent with the full relief requested in her Complaint.
BARLEY S
By:
James E.
Court I.
100 Bas
PO, Bo 15012
York, PA 17405-7012
717,846,8888
Attorneys for Plaintiff
165340Ll
4
VERIFICATION
Audra M. Szollosy verifies that she is Plaintiff in the within matter, that the facts set forth
in the within Plaintiff's Reply To Defendant's New Matter are true and correct to the best of her
knowledge, information and belief She understands that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to
authorities,
Date: -.q. UJ< 0 _ /2, :ltrlA
I
CERTIFICATE OF SERVICE
AND NOW, this 22nd day of June, 2006, I, James E Chiaruttini, Esquire, hereby certify that
I have served the within Plaintiff s Reply to New Matter of Defendant Jon Owens by depositing
the same in the United States mail, postage prepaid, at York, Pennsylvania, addressed as follows:
Keith 0, Brenneman, Esquire
Snellbaker & Brenneman, P,C.
44 West Main Street
Mechanicsburg, PA 17055
Attorney for Defendant Jon Owens
Jane Owens
Service unable to be made at this time; original process not yet served as to
Defendant Jane Owens
BARLEY SNYDER LLC
By:
James E iaruttini, Esquire
Pa, J.D. ' 82060
1 00 Eas arket Street
P. 0, Box 15012
York, PA 17405-7012
(717)846-8888
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
AUDRA M. SZOLLOSY,
No.2006-SU-2733-YOI
Plaintiff
Civil Term
v.
Jury Trial Demanded
JON OWENS and JANE OWENS,
Defendants.
CIVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I accept service of the Complaint in the above action on behalf of Defen~ant, Jane
,
Owens, and certify that I am authorized to do so.
ti~
Keith O. Brenneman, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
Attorney for Defendants Jon Owens and Jane Owens
Date_J17.
166J690
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LAW OFFICES
SNELBAKER 8:
BRENNEMAN, P.C.
UDRA M. SZOLLOSY,
Plaintiff
v.
ON OWENS and JANE OWENS,
Defendant
TO: Audra M. Szollosy, Plaintiff
and
James E. Chiaruttini, Esquire
Barley Snyder, LLC
100 East Market Street
P. O. Box 15012
York,PA 17405-7012
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
: NO. 06-2733 CNIL TERM
: CNIL ACTION - LAW
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
New Matter or a Default Judgment may be entered against you.
Date: July 27, 2006
SNELBAKER & BRENNEMAN, P. C.
V~
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendants
AUDRA M. SZOLLOSY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-2733 CIVIL TERM
JON OWENS and JANE OWENS,
Defendant
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
Defendant Jane Owens, by her attorneys, Snelbaker & Brenneman, P. C., submits this
Answer with New Matter in response to Plaintiffs Complaint as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Denied. On the contrary, Defendant Jane Owens presently resides at 5760 Chambers
Hill Road, Harrisburg.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that the parties entered into a written
agreement for the sale and purchase of the property located at 508 Walton Court, Lemoyne,
Cumberland County, Pennsylvania (the "Property"). It is denied that the document bearing a
date of August 13,2005 attached to Plaintiffs Complaint as "Exhibit A" is a copy of the parties'
written agreement for the sale and purchase ofthe Property for the reason that Exhibit A is
illegible. It is admitted that the Addendum to the Sale Agreement included as part of Exhibit A
is an addendum to the parties' written agreement; however, it is denied that Exhibit A includes all
addenda to the written agreement.
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SNELBAKER 8:
BRENNEMAN. P .C.
6. Admitted.
7. Admitted in part; denied in part. It is admitted only that Defendant Jon Owens
authorized his agent to agree to the terms of the addendum attached as Exhibit C to Plaintiff's
Complaint. It is denied that the addendum was completed by Plaintiff and Defendant on August
27,2005. The addendum, being in writing, speaks for itself; therefore, Plaintiff's
characterization of the contents of that addendum as set forth in Paragraph 7 is denied.
8. Admitted in part; denied in part. It is admitted only that settlement on the sale and
purchase of the Property took place on September 28,2005. After reasonable investigation, this
party is without sufficient information to form a belief as to the truth of the remaining averments
of Paragraph 8 of Plaintiff's Complaint; therefore, same are denied and strict proofthereof
demanded at time of trial.
9. Admitted to the extent relevant.
10. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the averment that Plaintiff discovered "several defective
conditions" of the home upon occupation of the Property; therefore, same is denied and strict
proof thereof demanded at time of trial. It is further denied that if any defects were discovered,
such conditions were contrary to representations made by answering Defendant concerning the
roof of the home, plumbing, plumbing fixtures, water heater and heating system.
11. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the averment that the circulating pump of the boiler was
inoperable at some point after settlement when Plaintiff began to use the heating system;
therefore, same is denied and strict proof thereof demanded at time of trial. It is further denied
that the circulating pump of the boiler was inoperable either at the time of settlement or at the
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SNELBAKER 8:
BRENNEMAN, P.C.
time of the completion of the Disclosure Statement. By way of further answer, the boiler was
2
serviced by a designated service company. Finally, it is denied that Defendant Jon Owens
admitted subsequent to settlement that he knew the boiler pump was not working and forgot to
disclose it. The boiler pump was in fact operable although it needed manual manipulation to
start it.
12. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 12 ofPlaintifi's Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
13. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 13 of Plaintifi's Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
14. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 14 of Plaintifi's Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
15. Paragraph 15 ofPlaintifi's Complaint contains unwarranted conclusions oflaw to
which no response is required by this party; therefore, same are deemed to be denied pursuant to
Pa.R.c.P. I 029( d). To the extent any response is necessary, it is denied that Defendant engaged
in any fraudulent misrepresentation.
16. Admitted.
17. Admitted, with the qualification that the statement made to Plaintiff "outside of the
Disclosure Statement" was made prior to settlement.
18. Admitted.
19. Admitted.
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BRENNEMAN, P,c.
20. Admitted.
3
21. Admitted.
22. Denied. The allegations of Paragraph 22 of Plain tift's Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant to Pa.R.C.P. I029(d). To the extent a reply is necessary, it is
denied that answering Defendant made by false or inaccurate representations, whether
negligently or intentionally or made any fraudulent or negligent misrepresentations.
23. Denied. The allegations of Paragraph 23 of Plain tift's Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant to Pa.R.C.P. I029(d).
24. Denied. The allegations of Paragraph 24 of Plain tift's Complaint contain
unwarranted conclusions of law to which no response is required by this party; therefore, same
are deemed to be denied pursuant to Pa.R.c.p. I029(d).
25. Denied. It is denied that answering Defendant was aware or should have been aware
of the defective and substandard conditions alleged by Plaintiff to have existed at the time of
completing and signing the Disclosure Statement, the parties' written agreement and any
addendum to the agreement. On the contrary, it is denied that answering Defendant was of any
defective or substandard conditions not disclosed on the Disclosure Statement and otherwise
described to Plaintiff.
26. Denied. Paragraph 26 of Plain tift's Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same is deemed to be denied
pursuant to Pa.R.C.P. I029(d). To the extent a reply is necessary, it is denied that there existed
any problems with the dishwasher, related plumbing, kitchen hot water heater, boiler pump or
LAW OFFICES
SNEL8AKER &
BRENNEMAN, P.C.
4
any roofleaks that were known to answering Defendant which were therefore required to be
disclosed in the Disclosure Statement or otherwise.
27. Denied. Paragraph 27 of Plaintiffs Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same is deemed to
be denied pursuant to PaRC.P. 1029(d). To the extent a response is necessary, it is denied that
answering Defendant made any representations to Plaintiff with respect to the Property.
28. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 28 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
29. Denied. Paragraph 29 of Plaintiffs Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same are deemed to be denied
pursuant to Pa.R.C.P. 1029(d).
30. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 30 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
31. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 31 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
32. Denied. Paragraph 32 of Plaintiffs Complaint contains unwarranted conclusions of
law to which no response is required by this party; therefore, same are deemed to be denied
pursuant to Pa.R.C.P. 1029( d).
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SNELBAKER &
BRENNEMAN, P.C.
5
Count I
33. The averments of Paragraphs 1 through 32, inclusive, of Defendant's Answer are
incorporated by reference herein.
34. Denied. Paragraph 34 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
35. Denied. Paragraph 35 of Plaintiffs Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029(d).
36. Denied. Paragraph 36 of Plaintiffs Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
37. Denied. Paragraph 37 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to PaRC.P. l029(d).
38. Denied. Paragraph 38 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029( d).
39. Denied. Paragraph 39 of Plaintiffs Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to PaRC.P. l029(d).
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SNELBAKER &
BRENNEMAN. P.C.
6
40. Denied. Paragraph 40 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
41. Denied. Paragraph 41 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1 029( d). By way of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
42. Denied. Paragraph 42 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
WHEREFORE, Defendant Jane Owens requests this Court to enter judgment in her favor
and against Plaintiff together with costs of this action.
Count II
43. The averments of Paragraphs 1 through 42, inclusive, of Defendant's Answer are
incorporated by reference herein in their entirety.
44. Denied. Paragraph 44 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to PaRC.P. 1029(d). By way of further answer, the answering Defendant
was not aware of any of the conditions of any of the Property alleged to have been discovered by
Plaintiff after settlement. In addition, answering Defendant accurately disclosed the condition of
the Property prior to settlement.
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SNEL8AKER 8:
BRENNEMAN. P.C.
7
45. Denied. Paragraph 45 ofPlaintifi's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
46. Denied. Paragraph 46 ofPlaintifi's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. I029(d).
47. Denied. Paragraph 47 ofPlaintifi's Complaint contains a series of unwarranted
conclusions ofIaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. I 029( d). By way of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
WHEREFORE, Defendant Jane Owens requests this Court to enter judgment in her favor
and against Plaintiff together with costs of this action.
Count III
48. The averments of Paragraphs I through 47, inclusive, of Defendant's Answer are
incorporated by reference herein in their entirety.
49. Denied. Paragraph 49 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
50. Denied. Paragraph 50 ofPlaintifi's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
LAW OFFICES
SNEL8AKER &
BRENNEMAN, P .C.
be denied pursuant to Pa.R.C.P. I029(d).
8
51. Denied. Paragraph 51 of Plaintiff's Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to PaRC.P. l029(d).
52. Denied. Paragraph 52 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029(d).
53. Denied. Paragraph 53 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029(d).
54. Denied. Paragraph 54 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
55. Denied. Paragraph 55 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029(d).
56. Denied. Paragraph 56 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. l029(d).
57. Denied. Paragraph 57 of Plaintiff's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
58. Denied. Paragraph 58 of Plaintiff's Complaint contains a series of unwarranted
L.AW OFFICES
SNELBAKER 8:
BRENNEMAN, P.C.
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
9
be denied pursuant to Pa.R.C.P. 1029(d). By way of further answer, answering Defendant is not
responsible for any losses or damages claimed or alleged to have been incurred by Plaintiff.
59. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 59 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
WHEREFORE, Defendant Jane Owens requests this Court to enter judgment in her favor
and against Plaintiff together with costs of this action.
Count IV
60. The averments of Paragraphs 1 through 59, inclusive, of Defendant's Answer are
incorporated by reference herein in their entirety.
61. Admitted.
62. Denied. Paragraph 62 of Plaintiffs Complaint contains a series of unwarranted
conclusions of law to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d).
63. Denied. It is denied that Defendants failed to have the boiler properly serviced by
the Burrells Company. On the contrary, to answering Defendant's knowledge the boiler was
properly serviced. The averments of Paragraph 11 of Defendant's Answer are incorporated by
reference herein.
64. Denied. Paragraph 64 of Plain tift's Complaint contains a series of unwarranted
conclusions oflaw to which no response is required by this party; therefore, same are deemed to
be denied pursuant to Pa.R.C.P. 1029(d). The averments of Paragraph 63 of this Answer are
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BRENNEMAN. P .c.
incorporated by reference herein.
10
65. Denied. After reasonable investigation, this party is without sufficient information to
form a belief as to the truth of the allegations contained in Paragraph 65 of Plaintiffs Complaint;
therefore, same are denied and strict proof thereof demanded at time of trial.
WHEREFORE, Defendant Jane Owens requests this Court to enter judgment in her favor
and against Plaintiff together with costs of this action.
NEW MATTER
66. At all times relevant hereto Plaintiff was represented by a real estate agent and/or
broker with respect to the purchase of the subject Property.
67. Plaintiff elected under the parties' written agreement to have the subject Property
inspected and/or certified by a licensed or otherwise qualified professional.
68. Prior to settlement Plaintiff had the Property inspected in accordance with the terms
of the parties' written agreement.
69. Plaintiff acknowledged receiving the Disclosure Statement by her signature dated
August 25, 2005.
70. It is believed that Plaintiff received a written report resulting from the inspection
conducted of the Property.
71. Items identified for repair by the person engaged by Plaintiff to inspect the Property
were repaired and subsequently inspected and approved by Plaintiff's inspector prior to
settlement.
72. None of the alleged defects set forth in Plaintiffs Complaint constitute a "material
defect" as defined in the Disclosure Statement received by Plaintiff.
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11
73. Answering Defendant had no knowledge of any error, inaccuracy or omission of any
information in the Disclosure Statement.
74. Plaintiff's Complaint and each Count therein fails to set forth any claim or cause of
action upon which relief may be granted.
75. Plaintiff has no cause of action against answering Defendant for material defects that
developed after the signing of the Agreement or that occurred after final settlement.
76. Pursuant to Paragraph 25 of the parties' written agreement, Plaintiff released and
forever discharged answering Defendant from any and all claims, losses and demands arising
from any defects or conditions on the Property.
77. Plaintiff acknowledged in Paragraph 26 of the parties' written agreement that she has
agreed to purchase the Property in its present condition.
78. It is believed and therefore averred that Plaintiff conducted a pre-settlement
inspection of the Property prior to settlement.
79. It is believed and therefore averred that as a result of the pre-settlement inspection
conducted by Plaintiff that Plaintiff determined the Property and its systems to be in satisfactory
condition.
80. It is believed and therefore averred that as a result of the pre-settlement inspection
conducted by Plaintiff that Plaintiff executed a written release discharging answering Defendant
from any liability which may arise due to the condition of the property.
81. Plaintiff is barred from asserting any reliance upon any representation or claim
regarding the condition of the Property.
82. Plaintiff's Complaint should be stricken for failure to comply with Pa.R.C.P. 1021(c).
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83. Plaintiff has waived her right to assert any claims against answering Defendant.
12
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WHEREFORE, Defendant Jane Owens requests this Court to enter judgment in her favor
and against Plaintiff together with costs of this action.
SNELBAKER & BRENNEMAN, P. C.
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BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
Date: July 27,2006
13
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SNE:LBAKER Be
BRENNEMAN, P.C.
VERIFICATION
I verify that the statements made in the foregoing Answer with New Matter are true and
orrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
ection 4904 relating to unsworn falsification to authorities.
~cuul, Ou ).t)lJ
Jane Owens
Date: 1 0 6
Ju y 27, 2 0
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Answer With New Matter to be served upon the
persons and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
James E. Chiaruttini, Esquire
Barley Snyder, LLC
100 East Market Street
P. O. Box 15012
York,PA 17405-7012
SNELBAKER & BRENNEMAN, P.C.
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By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendants
Date: July 27, 2006
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
No,2006-SU-2733-YOl
AUDRA M. SZOLLOSY,
Plaintiff
Civil Term
v,
Jury Trial Demanded
JON OWENS and JANE OWENS,
Defendants.
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT JANE OWENS
Plaintiff, by and through her attorneys, Barley Snyder, LLC, files the following Reply to
New Matter of Jane Owens:
ReDlv to New Matter
**
All averments of Plaintiff' s Complaint filed on May 12,2006 are incorporated
herein by reference as if fully set forth at length,
66. Admitted in part and denied in part. It is admitted only that Plaintiff was represented
by a real estate agent during the time of viewing the property, negotiation of sales price, and
closing on the property. All other averments of this paragraph are denied, as Plaintiff was not
represented by a broker, and, because it is unknown what Defendant Jane Owens refers to by "at
all times relevant hereto", Plaintiff is unable to properly respond to that portion of the averment,
and same is therefore denied.
67, Denied as stated. It is acknowledged that Plaintiff elected to have the Property
inspected, All oth~r averments by Defendant Jane Owens relate to a written document that states
1
what it states, and any characterization or summary by Defendant Jane Owens of the language,
intent, or import thereof are denied,
68. Denied as stated, It is acknowledged only that the Plaintiff had the Property
inspected. All other averments by Defendant Jane Owens relate to a written document that states
what it states, and any characterization or summary by Defendant Jane Owens of the language,
intent, or import thereof are denied.
69, After reasonable investigation, Plaintiff is without sufficient information to form a
belief as to the trullh of the averment that the Disclosure Statement was signed on August 25,
2005, and same is therefore denied, Plaintiff does not possess a copy of the Disclosure
Statement with het signature on it as dated August 25,2005,
70. Admitted that Plaintiff received a written report for the inspection of the Property.
71, Denied as stated, Defendant Jane Owens does not identify specifically which "items
identified for repair" he refers to and therefore Plaintiff cannot specifically respond. It is
acknowledged that certain items were identified for repair by the inspector, that certain items
were repaired as identified, and subsequently inspected. By way offurther answer, any action by
the inspector, and any repairs made as a result of the inspection obtained by Plaintiff, do not in
any way negate, offset, or excuse the fraudulent and negligent misrepresentations made by
Defendants to Plaintiff in the Disclosure Statement or otherwise concerning the Property.
72, Denied, States legal conclusions to which no responsive pleading is required, and the
averments are therefore denied.
I
I
73. Denied.', All averments of Plaintiff' s Complaint are incorporated herein,
2
74, Denied, States legal conclusions to which no responsive pleading is required, and all
averments are thenefore denied,
75. Denied. States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied.
76. Denied, Defendant Jane Owens cites to a written document that states what it states,
and any characteriization, summary, or interpretation of it by Defendant Jane Owens is denied,
By way of further ,answer, Plaintiff neither released nor discharged Defendants from any
fraudulent and negligent misrepresentations regarding the Property,
77, Denied, Defendant Jane Owens cites to a written document that states what it states,
and any characterirzation, summary, or interpretation of it by Defendant Jane Owens is denied,
By way of further answer, Plaintiff neither released nor discharged Defendants from any
fraudulent and negligent misrepresentations regarding the Property,
78, Admitted,
79. Denied. Plaintiff relied upon the representations made by Defendants concerning the
condition of Property, which representations have now revealed themselves as false and
inaccurate, as more specifically set forth in Plaintiff's Complaint, the averments of which are
incorporated herein by reference.
80, Denied, The responses set forth in paragraphs 76, 77, and 79 are incorporated herein.
81, Denied: States legal conclusions to which no responsive pleading is required, and all
averments of this ~aragraph are therefore denied.
82, Deniedl States legal conclusions to which no responsive pleading is required, and all
I
averments of this qaragraph are therefore denied, By way of further answer, any assertion
3
~-
regarding a failure to comply with a rule of procedure is improperly pled as New Matter, but
rather must be pled as a Preliminary Objection, which Defendant has failed to do, Therefore,
any argument concerning a failure by Plaintiff to comply with an applicable law or rule of Court
has been waived by Defendant Jane Owens,
83, Denied, States legal conclusions to which no responsive pleading is required, and all
averments of this paragraph are therefore denied,
WHEREFORE, Plaintiff demands judgment in her favor and against Defendants
consistent with the full relief requested in her Complaint
BARLEY S
By:
James E. hiaru
Court I. ,82060
100 Ea Market Street
P,O. Box 15012
York, PA 17405-7012
717.846,8888
Attorneys for Plaintiff
1681925.J
4
VERIFICATION
Audra M, Szollosy verifies that she is Plaintiff in the within matter, that the facts set forth
in the within Plaintiff's Reply To New Matter of Defendant Jane Owens are true and correct to
the best of her knowledge, information and belief She understands that false statements herein
are made subject to the penalties of 18 Pa,C.S.A Section 4904 relating to unsworn falsification
to authorities,
Date: hLf>f (g (Jab
CERTIFICATE OF SERVICE
AND NOW, this ~ day of August, 2006, I, James E. Chiaruttini, Esquire, hereby certify
that I have served the within Plaintiffs Reply to New Matter of Defendant Jane Owens by
depositing the same in the United States mail, postage prepaid, at York, Pennsylvania, addressed as
follows:
Keith O. Brenneman, Esquire
Snellbaker & Brenneman, P.e.
44 West Main Street
Mechanicsburg, PA 17055
Attorney for Defendants Jon Owens and Jane Owens
By (
James . Chiaruttini, Esquire
Pa, L , o. 82060
100 t Market Street
P, O. ox 15012
York, PA 17405-7012
(717)846-8888
5
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-02733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SZOLLOSY AUDRA M
VS
OWENS JON ET AL
R. Thomas Kline
, 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:
OWENS JON
but was unable to locate Him
In his bailiwick. He therefore
deputized the sheriff of DAUPHIN
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On June
8th , 2006 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
Postage
18.00
9.00
10.00
37.25
8.39
82.64 .; ~ '1/n J()(,
06/08/2006
BARLEY SNYDER LLC
~o ~
R. Thomas lne
Sheriff of Cumberland County
Sworn and subsc:ribe to before me
this
day of
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-02733 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SZOLLOSY AUDRA M
VS
OWENS JON ET AL
R. Thomas Kline
, 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:
OWENS JANE
but was unable to locate Her
In his bailiwick. He therefore
deputized the sheriff of LEHIGH
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
8th , 2006 , this office was in receipt of the
On June
attached return from LEHIGH
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Lehigh County 30.00
.00
55.00 / ~ ?/J110~
06/08/2006
BARLEY SNYDER
County
Sworn and subscribe to before me
this
day of
A.D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Audra M. Szollosy
VS.
Jon OWens et al
SERVE: Jon OWens
No.
06-2733 civil
Now,
May ,15, 2006
, I, SHERIFF OF CU1v1BERLAND COUNTY, P A, 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, P A
Affidavit of Service
,20_, at
0' clock
M. served the
Now,
within
upon
at
by handing to
a
copy of the original
and made mown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this_ day of ,20_
COSTS
SERVICE .
MILEAGE
AFFIDAVIT
$
$
II :11 't/ 1- Nnr qOOl
Vd 'AHH10J (j, ,- ,~,,::jHnJ
.:UI414HS 3Hl ;:10 3JI.:UO
@Hite of tire ~qpriff
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
SZOLLOSY AUDRA M
vs
County of Dauphin
OWENS JON
Sheriff's Return
No. 0849-T - -2006
OTHER COUNTY NO. 06-2733
AND NOW:May 22, 2006
at 11: 36AM served the within
COMPLAINT
upon
OWENS JON
by personally handing
to LLOYD ROWE FRIEND
1 true attested copy(ies)
of the original
COMPLAINT and making known
to him/her the contents thereof at 1310 POTATO VALLEY ROAD
HBG, PA 17112-0000
Sworn and subsicribed to
So Answers,
Jf~
before me this 23RD day of MAY, 2006
Sheriff of Dauphin County, Pa.
~
By
-~... .----..--- '" t
~:;t{~l (;( Qt~f!-'~~f
Deputy Sheriff
Sheriff's Costs: $37.25 PD 05/17/2006
RCPT NO 217913
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1,2006
TQ
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lid 'AINilUJ u\.i(L;;u~'Jfl~
3.:lIB3HS 3Hl .:10 33lJ.:JO
, .
In The Court of Common Pleas of Cumberland County, Pennsylvania
Audra M. Szollosy
VS.
Jon Owens et al
SERVE: Jane Owens
Now May 15, 20. 06
,
No. 06-2733 civil
, I, SHERlFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Lehigh
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~~~~~
Sheriff of Cumberland County, PA
Now,
Affidavit of Service
,20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
Sworn and subscribed before
me this _ day of
So ariswers,
" ,'S}1~riff of
County, P A
..:;. 1''',
I
COSTS
J'~} " j -SER\T:rCBd
,20_ MlLEAQE
L '-"_' ,__, . f\F.1\IPltJIT
$
$
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455 W HAMILTClN ST ~
ROOM lOG ALLENTOWN PA 181l)1-1G14
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DOC#: 200S-CV-1972
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(CUMBERLAND CO--06-2733)
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WRIT COMPLAINT IN CIVIL ACTION
(ih!IJ l'dC)'r I C:E~
SERVE: JANE OWENS
AT ~ 3237 CLEAR STREAM DR WHITEHALL. PA 18052
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RETUPN OF SERVICE
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ACCEPTANCE OF SERVICE
I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS A~ OUTLINED ON THE ~RONT OF THE
DOCUMENT" THIS SERVICE IS ACCEPTED ON BEHALF OF THE L.ISTED DEFENDANTlS) AND
I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO.
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT
Ii t:YTT. ~
T I IViE:: ~
PRINT NAME OF DEPUTY SHERIFF
~:'. 0 {-~ I\i <.:::: I,AJ E F';' ~3
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYL VANIA
AUDRA M. SZOLLOSY,
No.2006-SU-2733-Y01
Plaintiff
Civil Term
v.
CIVIL ACTION - LAW
JON OWENS and JANE OWENS,
Defendants.
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned lawsuit as settled, satisfied, and discontinued with
prejudice as to all claims and all Defendants.
BARLEY S
By: hiaruttmi
Court I. . 82060
100 Ea Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Attorneys for Plaintiff
1751320.1
CERTIFICATE OF SERVICE
I hereby certify that on this date I served a true and correct copy of the foregoing
Praecipe to Discontinue by electronic mail only as follows:
Keith O. Brenneman, Esquire - (k.brenneman@verizon.net)
Snellbaker & Brenneman, P.c.
44 West Main Street
Mechanicsburg, PA 17055
(Attorney for Defendants Jon Owens and Jane Owens)
By
James . Chiaruttini, Esquire
Pa. I. . No. 82060
100 ast Market Street
P.O. Box 15012
York, PA 17405-7012
(717) 846-8888
Attorneys for Plaintiff
Dated:
II~ Z I
,2006
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