HomeMy WebLinkAbout02-2203WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: DOCr TNO. --
.
:
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) DAYS AFTER THIS Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so, the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
1N THE COLrRT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. O;~ - ~,,2t:k3 CfoL~'/-'~-rc.~
JURY TRIAL DEMANDED
COMPL___~NT
AND NOW comes the Plaintiff, Wendell Hoover, by and through his attorneys, Caldwell &
Keams, and files the within Complaint, and in support thereof avers the following:
1. Plaintiff is Wendell Hoover, an adult individual residing at 1333 Green Street,
Harrisburg, Dauphin County, Pennsylvania.
2. Defendants, Michael E. Chambers and Lynn K. Chambers, husband and wife, are
adult individuals with a last known address of 223 South York Street, Mechanicsburg, Cumberland
County, Pennsylvania.
3. By Agreement dated February 13, 2002, the Plaintiff agreed to purchase from the
Defendants property known as 223 South York Street, Mechanicsburg, Cumberland County,
Pennsylvania. A true and correct copy of the written Agreement of Sale is attached hereto as Exhibit
"A" and incorporated herein by reference.
The Agreement of Sale was contingent upon a wood infestation inspection.
The wood infestation inspection was ordered by the Plaintiff and conducted timely.
The inspection revealed damage from active or previous termite infestation.
7. Pursuant to the terms of the Agreement of Sale, the Plaintiff exercised his right to
obtain a report with respect to structural damage. The report and the corrective proposal is attached
hereto as Exhibit "B" and made a part herein by reference.
8. The Defendants, by and through their real estate agent, Paul Hoffman of ERA Jack
Gaughan, rejected the terms of the corrective proposal.
9. The Plaintiff thereupon exercised his option to terminate the Agreement of Sale.
10. Under the terms of the Agreement of Sale, all deposit monies paid on account of
purchase price were to be retumed promptly to the Plaintiff and the Agreement declared null and
void.
11. Despite written demands, the Defendants have refused to return the deposit monies
to the Plaintiff.
12. The deposit money currently and wrongfully being withheld by the Defendants is Ten
Thousand ($10,000.00) Dollars.
13. In connection with the sale of the subject property, the Defendants executed and
delivered to the Plaintiff a Seller's Property Disclosure Statement. A true and correct copy of the
Seller's Property Disclosure Statement is attached hereto as Exhibit "C" and incorporated herein by
reference.
14. WithintheSeller'sPro ert Dis ·
p y closure Statement, when asked ffthe Defendants were
aware of any termite report or treatment for the property in the last five (5) years, the Defendants
answered "no".
15. The property was inspected in early 2001 by Amerispec in which extensive termite
damage was found on the property. A true and correct copy of the Amerispec report is attached
hereto as Exhibit "D" and made a part hereof.
16. On February 12, 2001, a visual inspection of the termite damage to ascertain
structural damage on the property was perfoxuned by Olson, Black & Associates, Inc. A tree and
correct copy of the inspection report by Olson, Black & Associates, Inc., is attached hereto as Exhibit
"E" and made a part hereof.
17. Despite the existence of the prior tesmite damage and the subsequent report regarding
structural damage, the Defendants answered "no" on the Seller's Property Disclosure Form as to
whether they were aware of any termite requests in the past five years.
18. In addition, other material defects noted in Exhibit D were not disclosed in the Seller
Disclosure Form, including defects with the roof, basement floor joist and wood supports.
COUNT I
BREACH OF CONTRACT
19. Plaintiff hereby incorporates by reference Paragraphs 1 through 18 above, as if fully
set forth at length herein.
20. Under the terms of the Agreement of Sale, the Plaintiff is entitled to the return of all
deposits paid on account ofpumhase price.
21. The failure to return the deposit money, despite demand, is a material breach of the
contract between the Plaintiff and Defendants.
22. As a direct and proximate cause of the Defendants' breach, Plaintiffhas suffered
damages, including, but not necessarily limited to, his Ten Thousand ($10,000.00) Dollar security
deposit.
WHEREFORE, the Plaintiff demands judgment in Ms favor and against the Defendants in
the amount of the deposit and for other damages, including costs of suit, attorneys' fees, and such
other relief as this Honorable Court deems appropriate under the circumstances.
COUNT II
..FRAUDULENT AND/OR NEGLIGENT MISREPRESENTATIObl
23. Plaintiff hereby incorporates by reference Paragraphs 1 through 22 above, as if fully
set forth at length herein.
24. At the time the Defendants signed and delivered, or caused to be delivered, to the
Plaintiff the Seller's Property Disclosure Statement, the Defendants knew that the subject property
had been and continued to be infested and damaged by termites.
25. The Defendants failed to disclose in the Seller's Property Disclosure Statement that
there were prior termite reports or treatments for the property in the last five (5) years.
26. The Defendants also failed to disclose the material defects noted in Exhibit D as
referenced to in Paragraph 18 of this Complaint.
27. The Plaintiffrelied upon the information provided in the Seller's Property Disclosure
Statement in deciding whether to acquire the subject property and to pay the price set forth in the
Agreement of Sale.
28. Defendants knowingly, intentionally and wantonly supplied information in the
Seller's Property Disclosure Statement that they knew was inaccurate and/or incomplete and/or false
with regard to the condition of the subject property.
29. The information not disclosed to the Plaintiff in the Seller's Property Disclosure
Statement was material to the transaction.
30. The Defendants misrepresented the condition of the property to the Plaintiff with the
intent to deceive the Plaintiff and with the intent to induce the Plaintiff to purchase the real estate
for the purchase price set forth in the Agreement of Sale.
31. The Plaintiff, in justifiable reliance upon the Defendants' misrepresentations, was
induced to and did in fact enter into an Agreement of Sale to pumhase the property.
32. As a result of the misrepresentation by the Defendants, the Plaintiff has and will
continue to suffer damages, including the loss of the deposit money, diminution in value of the
property, and costs and repairs.
WHEREFORE, the Plaintiff demands judgment in its favor and against the Defendants in
an amount in excess of Thirty Thousand ($30,000.00) Dollars, plus costs of suit, attorney fees,
punitive damages and such other relief as this Honorable Court deems appropriate under the
circumstances.
COUNT I11
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
33. Plaintiff hereby incorporates by reference Paragraphs 1 through 32 above, as if fully
set forth at length herein.
34. Defendants' failure to disclose the prior termite infestation reports and treatment was
an unfair or deceptive act as defined under the Unfair Trade Practices and Consumer Protection Law,
73 P.S. §201-1 et seq.
35. The Defendants' failure to return the deposit money despite demand is an unfair or
deceptive act as defined under the Unfair Trade Practices and Consumer Protection Law.
36. Defendants, as sellers of the residential property, are subject to liability under the
Unfair Trade Practices and Consumer Protection Law.
37. The Defendants engaged in unfair or deceptive practices by making
misrepresentations and engaging in fraudulent or deceptive conduct, creating a likelihood of
confusion or misunderstanding about the quality and condition of the real estate.
38. As a direct and proximate result of the Defendants' actions, the Plaintiff has suffered
damages including the loss of the deposit, diminution of the value of the property, costs of repair,
and other consequential damages.
WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendants in
an amount in excess of Thirty Thousand ($30,000.00) Dollars, plus costs of suit, attorneys' fees,
treble or punitive damages and such other relief as this Honorable Court deems appropriate under
the circumstances.
Respectfully submitted,
CALDWELL & KEARNS
Dated:
02-246/38528
~-~~. Golds~, Esquire
'*'Atty. I.D. #27115
Douglas K. Marsico, Esquire
Atty. I.D. #69804
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
Attorneys for Plaintiff, Wendell Hoover
Exhibit A
Broker is NOT the Agent for Seller and is a/an:' [] AGENT:FOR BUYER [] TR.i, NSACTION
Busx ss -zt xoNsme wrr PA I,XC NS 'BROxom .... .
OR~ .'"' l~A~i!;l~lTl"ORHUYER, t~estgnatedAgent(s) forBuye~r, if applicable:
, . . ...... .~
Broker isNOT the Agent for Buyer and is a/an: [] AGENT FOR SKLI.I~n [] SUBAGF2qT FOR Sletr.~u [] TRANSA~.-nON LICI~ISEE
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are nlso Dunl Agents UNLESS
there nrc sepnrate l~tod Agents fo/- Buyer and Seller. If the snme Lieen~e is designn~ed for Seller and Buyer, the Licensee is a Dual Agent.
8
9
10
11
12
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(1,,.96) Sd/er hereby asrees to sdl and convey to Buyer, who hereby agrees to purehn.e:
8
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: Y~, , 11
Pm'eel it; Lot, Blo,:k; Deed Book, Page, Reeordtu_g D,~te)
) . ·
TOTAl, $
prod' on account 0f purchase price to be held by Bwker for Seller, unless othel~vise stated here: ' ,~.~r :4
, or before if Buyer2nd~er agree.
'14
15 .
:16. (A)
Conveyance from Seller ~'wil~'by f~e aimpl"'~e~da~d o~ spec'"'~a~w~ranty unless otherwise stated here:
28
· 29
(F) Payment of ~-~i'~t taxes will be divided equally between Buyer and Seller unless othetavise stated here:
30
31
32
34
35
37
the following will be anjusted pro-rata on a daily b~is between Buyer and Seller, reimbursing where applicable: taxes 32
(see.Information Regarding Tax Proration); rent.s; interest on mortgage assumptions; condominium fees and homeowner a~sociation fee~ if ~.
any; water and/or sewer fees, i~ any, together with any other lianable municipal service. The charges are to be pro-rated for the period(s) ~4
covered: Seller will pay up to and including the date of settlement; Buye~ will pay for all days following settlement, unless otherwise stated 3S
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40
41
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43
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46
6e" (A). 'The said ~ f~ ~e~t ~d ~ o~ ~ ~d ~s ~f~ to for ~e ~o~ of ~y of ~e ob~gafions of ~s A~ment ~
.61 . a~ m'~.0f ~e es~ of ~s A~ment ~d ~ b~g. ' '
52 lB) F°r ~e P~ of ~s A~nh n~.of ~ys ~ ~ coun~ ~m ~e ~ of ex~uflon, by exclu~g ~e ~y ~s A~m~t w~
(~ ~e 4~e of ~e~nt ~ not ex~ by ~y o~ pm~sion of ~s A~ment ~d my o~y ~ ex~n~ by mu~ ~n a~ment of
P~
in
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A~ment
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el ~). This sale ~ ~ ~ B~ ~ ~ ~n* .'~.~.
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71 ~ ~t ~ ~ f~ ~ ~ ~ Bu~ ~ ~,ifa ~ ~,m.~ a~ilah}e m Bu~ ~ ~t m ~ ~
73 giv~ ~ ~ ~ ~ ~'s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~5~h hw~.~ ~ ~y, ~t
74 ~ Of ~~,m ~ B~ ~ ~ ~a~ ~ ~ ~ ~ ~ ~ a~ ~ Buy~
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~ 2. U~ ~ of a ~ ~i~ B~ ~ ~y ~v~ a ~ ~ ~ ~t~ m ~. s0
81 3. ~ ~ ~ ~ ~ ~ ~~t ~ ~, ~ ~ ~ ~mi~ ~n~ ~ ~ ~mmi~c 81
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~ ~ ~t ~'~ ~ ~ ~ ~ BUy~' BuY~ ~ ~ ~ mY ~ ~ ~"~ ~ ~ a7
'~ ~~ }' DAYS~°f~~'s~,n~Bu~~k'~~
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$8 2, ~~~'~~.'or'~~w;~l-~e~u~~ .'~ 'DAYS,
n~ ~ ~ ~Buy~'s ~ m ~ ~ ~t OR ~ ~e ~ ~ ~Bu~is~ ~ ~ ~'s
97 ~ w~ ~ ~ ~ ~ly ~ ff ~ ~ Buy~ ~ ~ mnk~ ~ ~ ~, Buy~ ~y, ~ 97
':~ ~ ~y m B~ ~ ~~t ~O~.
1~ ~ ~~ 100
1~ ~ $ , ~ ~ Bu~*s ~ ~ ~ by ~ ~ 1~.
1~ .... ~ ~ ~ ~ ~ ~ ~~ ~7 ~ ~°m°f ~ ~n~ Bu~ ~ ~ ~ °b~ ~ ~mpl~ ~ ~ of ~e
. ~ ~ ~ ~ VA ~, a ~ ~t ~ ~ ~ H~g ~mmi~~, V~ Admin{~o~'~ a ~ 108
' 112
114 ~1.~ ~m 10~0 ~ ~de 15, U.S.C, ~t of H~S ~d 'U~ ~velo~t ~d F~ Ho~8 A~mi-~on 114
11, ~ ~Y ~ ~g ~ ~ ~ '~ f~... ~h~H ~ ~ ~ ~ d~e ~ ~ n~ ~ ~ ~0 y~ or ~." 116
~{7 ". (O) ,~. ~t ~ ~ ~ U~ ~t ~) N~ ~ ~~ B~'s A~~t
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120 ' .
~t 119
~. ~ ~ ~ ~ ~ of ~ ~t for.~.~ 1
1~ ~.~t ~, o~ ~w~c ~ react, ~o ~ ~y ~ a~t en~ m~ by ~y of ~.~ ~ ~on wi~ ~ ~- 123
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128 ~ ~ f~ h ~ ~ ~ ~ ~t Buy~ ~ ~ fi~t m ~ ~ ~o~. 128
129 m) ~ ~ ~t ~.~a~e~nt w~-~u~ ~fion of~e ~. Buy~'s fi~t ~ ~ ~s'~fion ~ not w~v~ 129
3~ "(c) ~ ~.~ve ~'~ ~ ~= (~ ~(s)) ~ f~ ~ ~b~. "
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S~uy~ ~ ~ ~ve a ~,~uon.~ ~ ~, ~ ~ m~nnsvlv~a No~.]n~w, (~. ~doQ ~i ', '142
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148 --e~,.,m~,. ,v~-~. um ~ ~ lot ~DJeU~e ~l~tIM~: ' 147
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~ . ~,~yWBu~~~VO~,OR . . . ., ...~, ~ ~..
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161 · ~~in 7 DAYSof~~s),~Buy~gofSeU~,s~m: '181.
~,2 (I) . ~ ~ ~ ~nt ~ ~ ~ ~g ~st ~ ~ ~fions ~ ~ ~.~s) ~ I~ ~ ~ ~ ~ 162
.~ (2) · . .... ' ' · ::' ' '
. ~t Buy~ ~ ~t f~ ~ ~,~ ~ ~ ~m~ ~t of ~ ~e ~n~ ~n~ ~ ~e ~(s)
l~ ~ ~ ~t i i~ ~h I (~) (~0n 2) 1. ~ ~ m~t ~ ~1~ ~ i ~ i~; ~ ~y,, .ll~
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m,~ ~ ~ n~ ~t Buy~ at ~t f~ ~y ~ m ~ ~fi~ ~ b ~ ~s). 166
167 b. ' ~ ~ c~ ~ ~ ~ ~ ~t Buy~ at ~nt ~ ~ ~.~ 8 (~ (~fi~ 2) 2, Buy~ ~ ~t ~
~6S "~~m-~B~f~~h~of~A~c
170 . . J~.Buy=~,~iin 5*"DAYS: ' · ' t
]1.1. . (!~. ~ ~ ~ ~ ~,~on s~ ~ ~e ~n(s) =d ~ ~ ~e Rm.~E ~i f~ ~ p~h ~ of ~ ~
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~(~ · ~ DAYS.~ ~ ~ s~ ~e ~n ~d ~ve ~ ~U~.~.~ Buy~ w~ se~ ~ ~, ~
~e~sn°t~~~v~bY~°rf~~e~,Buy~r, wi~ ~ DAYS,
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.. . ~L ~. ~, ~.Buy~ ~'~et~ W ~k~ ~ ~, Buy~.~y, m~ , ~ DAYS of ~'s ~i,I ~tn~'~S
~t ~ ~, ~ w~ ~ ~ ~t ~ p~d on' ~t of~ ~ ~ ~ ~'~ .~ ~u~.~
· ' ~t ~ ~ VOW, OR .
3.~~~.~~tmo~d~i~o~tof~~.~~~yw.Buy~ l~
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ion wn~ ~U~'s ~wl~ge of ~ ~ of l~-b~ ~t ~.1~.~ ~..h,,~.).:'. y~ .: ,. ,., .~4.. ' '
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W~. DAY~ ~ ~ a ~ ~t ~ ~°n °f ~e ~ fm ~ ~ °f ]~ ~t ~ ]~'~ ~t~.
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198
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210
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224
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228
Buyer, at Buyer's ~ ch _oos~___ to obtain a risk assessment and/or iml~'tion of the Property for lead-based n.i.t .,~a/,~ ~..,~ ~/...~
paimh,,-,ds. Theriskas~mn~tand/~inqx~onwilll~compl~odwithin 10 DAY$or' 'theexec, udonof'd~~
'2~1
222
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224
226
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227
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229
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231
232
233
236
236
237,
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240
241
242
243
244.
246
246
247 ..
248 . . ..
· 246 . . '
251
262' ..
263
23~'
256 ,
254
(A) Sdler.r~,preseats that Seller. boa ~o knowied~e concemin~ die IXesence or absence of radon unk~ checked below. 265
.CI I. Se~erha~know~ed~e~b~ttheP~opew/wa~te~tedonthedates~bythemeth~d~(e.g.~.chercoa~canis~er.~~nd~. -~
266
268
260
261
263
· lead-baaed lmint h.~.~l~ auyor amemnmt and/or'Jmpeetion er Ibe Proper~ fbr lead. based pMnt and/or 236
may deify-er to Sdlel* a wFJttco list of the spacific'ba?~dcos cond~tiol~ Cited in tbe l~lx)rt and tho~ 236
~..n~i, o~ ~jw~ted:~ Buye~ along with a cot~ of.tbe d~.~ssme,t..a/or i~x~on ~etx~ . ' ' 237
· Seller may, within .. 7 'DAYS of receiving the list,and repo~s), submit a Writtco corr~iVe proposal.to Buyer, The corrective p~oposal 226
will include, but not be ~imil~i .to, the naine of the r~nedlnt~on company and a pwjeeted completion d~_!e for cc~ecl/ve measures. Seller 230
will prm, ide. cmific~/on from a ,~ assessor or insp~:tor that ~orrecdve m~asures have bee~ satisfactorily completed on or before the 240
Upon receiving the corre~ive ~ Buyer, within 5 DAYS, will: 241
toB .deposit momes paid on acc(:xint of pun,llase pflce will be retun~ pwmpdy. 244
' ~
· Should Seller fldl to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreemeat, Buyer, 246
.wi~- 5 · DAYS, ~
am/agree to the ]~.~,~E set forth in parqr~ 2~' ', 247
'.b. Ter~m~th~sA8reeme~inwzi~inLinwh~chcasealldep~/tmon~eapa/donaccoontofptm`~hasepricew~lberetomed1:~mpt1¥ 240
.m auy~ .~ ~ AS~eem~ w~t be VOID. ,
· · ' . 260
Bu~u*'m Mureto emTbe any of Buyer's opflom witM~ the time Ummt~ specified in this pm~sr~ph will comtftute a WAITER of 2~
27'~..
2~
281.
,'~. 87
.2~
300
301
' 306
307
308
306
310
311
312
313
314
316
316
317
310
320
258 .... : .:-;. ..' . .DATE
. TYPE OF'lEST RESULTS (picoautes/llter er woCd,,~ l~veh)
·: · . 26g
260
COI'IW~ OF A! I. AV,~H.~,BI.Ft Tw_.,ST R~ORTS will be d~llvered to Buyer with this A~reellle~L ,q~l.!.l~, DO~S NOT WAR- 261
· '.RANT lit'ii TH~;IviI~iIiODS OR P-,.~S~.ILTS OF TH~ T~T~. 262
[] '2. Sellerhasknow~d~tha~thePr~p~yunde~entradon~xiuc~onmeasur~onth~date(s)andbythe~(s)~be~ow:
DATE RADON REDUCTION M~IHOD 284
'J~8. ~, WAIVED; Buyeronde~ta~d~.thmBuyerhastbe~ptiontorequestthatthePw~ertybeinspectedf~r~ed~nby~ce~i~edimpeetor(seeF`nviron~ 268
~'.,, ' ' meata~.N~t/ces:Radon)~BI'TYERWA~VE~T~gs~PT~N~a8reestothe]~.~`a's]/setfotthin.vara~avh~¢*~
270 ' . 'r'l ~T.l~Cj'~fl.) .... '---=-"~ -~.? .... 260
..... " BUYer' at Buyer s expeme' has tbe °Pt~on to °btam' fr°m a cerdfied inspector, ~ redon test of the ProLm~,and, will deriver a copy 210
271 ,'!'. of.tl/e teat r~-'ix)n to $eUer withh DAYS (lJ days if not specified) of the execut/on of this Asreemont. (See ~v/wnmantal Nodces 271
272-. . ' Radon) .
27J l. · · 272
274... ~ · · . ~I~T'~'ST~ ~et fotth in~l~a~ 25 of tJ~,a~~t~t~t.~t~ teat ~ort x~,/e~l t~ ~'.sancsof zlu:Jon be]ow 0.02 werkin$ i~¥el.~ (4 ptcoc~cs/llt~), Buyer acc~1~s f~ ~ ~ ~ to ~J~274273
2. If the test report ~eveals the presence of radon at or exceeding 0.0'2 working leveis (4 picocufie//lim-), Buyer will, within 7 DAYS 275
' [] O~n i. 27~
s. :' Accept the Property in writing and agree to th8 Rl~_~&.qE set forth in par~raph 25 of this Agreemcot, OR 27~
b, ~d~.-.~t~.~.~%w~i~, ~; which case e/l deposit monies paid on account of purchase price will be returned Pr°raptly to Buyer 219'
' ' ' · · ' 280
· c. Submit a written, con-e~ve p~oposal to Seller, T~ corrective pwposaJ, will include, but not be limited to, the name of the certified mid-. 261
gafion company; provisions for paymem, including retests; and a projected completion ~l~t~ for coxrective measures. 282
.(l) Wtthin }. DAY~'ofr~ceivingthecon~c~ivep/oposal, sellerwill: 26~
(a). A~ree to the ~erm~ of the COlTechve. p/opo~l in writing, in which case Buyer accepts the Property and a~rees to the
' ' ~J~ :~,SE set foflh in para~r~a 25 Of ~ Asreement, OR .. . ' ..
.(2) Sh~u~dSellern~ta~reetotheterms~ftbec~rrecQvepr~p~sal~rifSeller~dlstorespondw/th~nthe~me~ivea~Buyerwill~wi~n 287
.. '~ _DAYS, elect to: ' 223
(~ .~ccep~ fha Propei~y in writin~ an.d asree to the ~1~. se~ forth in paragraph 2~ of this A81~m~at, OR . 202
· []'. Option 2 Im:)mptly to Buyer and ~ A~reem~t will be VOID. 291
a. Accept the Property in writin8 and asree to the R~.~SF. set forth in parasraph 25 of this A~teemcot, OR , 293
b. Submit a writing, correc(iw propo~l to Seller, Tbe con, calve proposal will include, but not be limited to,. the name of the'c~nified mid- ~ 204
8afion company; provisinns for payment, in¢ludin$ r~tests; and a projected completion dat~ ~or correetive measures, Seller will pay a max. 236
· '.' imum of $ ·
(1~ umewuicos[ot,e~-,~s.onandz~temEXCl~nSthe~iaountspecifiedin 11 'o~2 b. Sell ' 'tht.
· ' DAYS ............ ' ,~ parasmph (B) (Ol~i ) . er will, w~ ~e?
'; "~'~ ~ °~ x~ccL~q °I me cost °z remefl"'U°n' n°tify l~uYer m Mitin8 of Seller's choice to: 298'
m lmaSraph 25 of this Asreement, OR 300
(b) Cont1ibutetowardthe.tota~cost~freme~i~tionandretestsonlytheam~untspeci~edinpara8raph ll(B) (Option 2) b, ~' 301
, (2) If Seller chooses aot to pay for the total cost of remediation and ~f~s~ or if Seller fails to chcose either option witidn the time 302
8iron, Buyer vdll, widgn 5. · DAYS, notify ~ in writtn8 of Buyer's choice to:. 303
(b) Terrnlnn~ this A~'eement, in which case all deposit'monie~ paid On nccount of purchase price 'will ~ ,z~ned promptly'
· . to. Buyer and thisA~,~ement will be VOID, ... . ·
1:l... b'TATT~ OF WATER (1-01) . ~n?
(A) ~ ~,~nts that the ~ is served by:
'1~. On.sito Water ' 310
WATER SERVICE INSPECtiON CONTINGENCY
315
WAIVED. Buyer acknowied~s that Buyer has the option to request an inspection of the wa~- service for the Propert% BUYER WAIVES 316
TH~ OPTION and a~ee~ to the ]~m.~SE set forth in paragraph 25 of this A~reemen~ '
to Seller a wntlen imP.~ecti.~ 'on report bY & qualified' ProfessinnaJ wa~' testing compauy °f the quslltY and/or quan~l~ of ~h~ ,a~er s~d=..~ 320
124
125 ,
las,
~27
128
~?
~as
,.: .: .: ~
. ,5" ~AYS..~ ...' · · · '
~uy~s ~ ~ ~ ~'s ~tn~ w~ ~ not ~ ~ly ~ ~ ~ ~ ~ ~.~E ~ f~ ~ ~-
~h.~ 0f ~ ~L ~ Se~ ~ Buy~ ~ ~ U~ .~ w~ ~ Buy~.wy, ~. 5 DAYS of
S~'s'~ist: ~ ~ ~t ~ ~, ~ w~ ~ ~it ~ ~d ~ ~t of ~ ~ ~ ~
~ ~y.m,Bu~ s~ ~ ~t ~ ~ VO~. OR
b. ~ ~.~.~ ~, ~ ~ch ~ ~ ~it ~ ~ ~t ~ ~ ~ ~ ~y
mB~A~~V~.
~ ~.~O~ ~ (~)
~b~ ~
~ N~ (~S~ l)
323
324
325
326:
327
'328
329
330
331
332
333
'334
335
336
337
338
336
343
345.
347
346
349
350
351
152
153
las
162
las
ST0
!74
378.
381
~2
~T
389
391
3~.'
367
INDIVIDUAL ON-LOT ~scwAG~tss~ INSV*cCTION CONTINGENCY
W~ Buyer acknowle~ that Buyes has the olsion to request an individual, on-lot sewage ~iipoasl tmpec*ion of the 1~. BUYER
:, :, ,WAI~ TI-US OPTION and.agn~S to the R~t.~a. SE set for~ in pm'agraph 25 of tlgs Asreeme~
I. Buyer has the option,, within DAYS (15 days if not specified) of the execution of this Agreement andat Buyer,s expense, to
· . ~de.~.ver to Sell~ a written inspection report .by a qualified, professional inspeotor of the lndividoal on.lot sewage ~ ~
lot sewage di~ system. Seller siso agzees to restore the Property, at Seller,s expense, prior to settlement
3. If the report ~evenis dofec~ that do not require expansion or replacement of the existing sewage disposal system, Seller Will, within
· 7 DAYS of receipt Of 1be report, notify Buyer in miring of Seller's choice to:
n. Coffect the defects before settlement, including forests, at Seller's expeme, in which case Buyer _~_c_epts the Properly and a~ees to
.b./' Not corr~t tha dofects.
4. .IfSeHerch~esn~ttoc~n~otthedefeots~rifSeHerf~t~resp~ndw~t~n~het~n~e~iven~Buyerwi~vithin ~ DAYS, either.
defects before settlement or within the time required by the moft~ge.lender, if any, and/or any governmental amhority, at Buyer's
sole expense and with Seller's permi~ion, which will not be unreasonably withheld, and agree to the.Rm.~tASE set forth in para.
graph 25 of this Agreement. If Seller denies Buyer f,~wlssion to correct the defeots, Bayer may, within ~ DAYS of Seller's
denial, terminate this Agreement in wfltin8, in which case all deposit monie~ paid on account of purchase price will be x~mrned
~o~.,ily to Buyer and thts Asreemant will be VOID,. OR
, b, Termlnnte this Asreement in writins, in which case all deposit monies paid on ___-ee~mt of purchase price will be returned
~,~y to Buym. and ~ A~Tean~nt will be '~OID.
5. Ifthex~*-P~nrevce~stheneedtoexpandormp~acethei~indi~idoa~on~tsewagedisp~system~Se~ermay~w~thi" 2~ DAYS
of x~ceipt of the re~rt, submit a cemcdve ~0po~al to Buyer. The cerrecdve ~oposal will inc_k,_ae, but not be limited to, the name of the
5 DAYS of receiving Seller's ceffeoti~,*e ~-Ol;.~sal, or If no cetreetive propoexl is received wiG. in the lime siren, Buyer win:
-...~,. &. Agree to the terms of the correotive ~of~d, ff any, in writing, in which case Buyer acce~:~, the Property and agrees to the plqV .~a. SE
· set forth in paragraph 25 of rigs Agreement, OR
sole ~ and with Seller's permission, which win not be unreasonably withheld, and agree to the i~i.~&SE set forth in para.
8raph 25 of this A~eement If Seller deni~s BuYer permission to eoffect the defects, Buyer may, within ;~ DAYS of Seller's 383
,:'..,, ~~yer~~twflw~l~, m which .e~.,.~.,~l deposit monies fid on account of pu~.hase price will be t~t~rned as4
. .. ~.~memen be VOID. OR,!,~.~ . '
paid on account of purchase price ~ be returned promptly ~as
toB 'and ~is ' t
· uyes A~eemen ~ be VOID. . "l. .
14. NOTICES~ASSESSMEN'I'S & CKRTI~CATES OF OCCUPANCY'(1;02)
(A) .... · .... ' sas
Seller *'¥"~mts' as °f Seller's execution of this As~e~'~nent, that no public tmprovement, eondomininm or homeowner associndon assessments'
· have been made agningt the Propert~ which'rem,ln mipaid, and that no notice by any government or public anthodty has been served upon
Seller or anyone on Seller's behalf, including notices ~lating to vinhttiorm of zoning, housing, building, safety or fire ordinances which remain
' otherWlseunc°~" m:mffianlandandandedthather.Sell., es ~kn°'' of no c°ndid°" ' .that '°ul~d c°nstitute vl°lati°n of anY such °rdtmmces which remsin' uncon~cted, --.
(B) Seller knows of no other t~r.,ilal nodces (including violations) and assessments except as follows: .fl~. O' ' ' :. 394
(c) .......... . aas
In the event any notices ~L~,,,di~s viol~uous) and assessments are received ~ execution of this Agreement and before settlement, Seller will .~97 .
.362 '
353
354
365
3156
360
·
362
366
3e7
366
370
371
372
373: ·
3{4
375
376
377
379
MO
381
382.
3as .no¢ifyBuyerinwri~ng. within S DAYS of receiving the, nodce or mt, th~t Seller will.
369 1. · · ; . · 308
Comply with notices and asseasm~ts at Seller's exp~nse, m which case Buyer _~_cepts the Prop~ and ~ to the 1~1~-~,SE set forth'
~00 ,in pan~h 25 of t6is Asreemant, OR 3as
401 2, ' Not co~ply with nedees and asas~mems at Seller's expeme. 400
40~ 3,' If Seller chooses not to comply with notices and assessments, or falls with!n the time given to notify Buyer if Seller will cemply, Buyer
402
4as ,:, will notify Selle~ within .~ DAYS in writing that Buy~' ~ either: 40~
404 ~ a.~ Comply with notices and assessmon~s at Buyer's expeme ~md asree to the I~LEASE set forth in para~sph 2~ of ~is A~reement, OR 404
4~ b. .Termi""~thisA8memmit,inwhichcesealldep~sitm~espaidonacc~un~f~p~icewillberemmedpr~rapt~ytoBuyer ~as
~as : '. and this Asreemonr will be VOID.
40~ ,: . (I~.) Bu::'ised`/`v~se`~7toa~pub~i¢r~i~.~mayreqmre~uanceof~hi~hW~¥~ccupanc`ypermi~fr~mtheDe~utme~~`'
.. · ' '.' . '. 'iL/."~"Y,,'"I . . . . . · . . ..: . ,~m-~~
411
412
413.
414
415
416
417
418
419
42O
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
441
444
446
447
44S
449
45O
451
452
453
454
455
466
467
468
456
460
461
462
463
464
466
467
468
469
470
471
472
473
474
475
476
477
4'78
4'/9
48O
481
482
493
484
485
4~6
487
488
480
49O
491
492
493
494
495
496
467
498
(E) IfrequL, edbylaw, wiflfin 15 DAYS of the exacudon of th/s A~reemant seller wtll order fi~r dalivery to Buyer, onor~~t: 411
1. A certification from the ~vpfiate municipal depamnant or depamnents disclosing nodce of any uncon, ected violations of zoning, hoos. 412
2'. ins, building, safety or fire ordinances, AND/OR 413 '
A cergficate permitting occupancy of the PropeWy. I~ the evant,repalrs/improvements are required for the issuance of the certificate, Seller 414
will, within . ~ DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller,will r~lr, the 416
If Seller chooses to make the required repaimgunpwvements, Buyer agrees to accept the Property as repaired and agrecs to the ~l~.u4,SB set 417
forth in paragraph 25 of this Agreement. If Seller chooses not to make the required repairs/tmpmvem~ts, Buyer will, within ~ DAYS, 416
notify Seller in writing of Buyer's choice to terminate this Ageemant OR make the repeirs/imlwovements at Buyer's expa~e and with Seller's 416
salon, which will not be unreasonably vathheld. If Seller demes Buyer permission to make the required repa~ or ffSeller flflls ~o respond 420
within the time ~lven, Buyermay, within ~ DAYS, terminate this Agreement in wrifmg, in which cesu all deposit monles peid on acconnt
of ~ price will be murned promptly to Buyer and ~ Agcement will be VOID.
1~, 'ii'I'vE, SURVEYS & COSTS (14r2)
4/3
(A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, F..X~.i-i1NO HOWEVER the followin$: existing 424
deed resttictlons, historic preservation restrictions or ordinances, building res/rictions, oedln*nces, easements of roads, easements visible upon //6
the. ground, easements of record, ptivilages, or fights, of pob~ic service companies, if any; otherwise the title to the above de,l/bed real as~ate 426
will be gond and "m'~t~tahie and tach as will be insured by a reputable Tltie Insurance Company at the re~uiar ratas.... ~7
(B) Buyer will pay for the following: (1) Title se~ch, title insurance and/or mechanics li~ insur~ce, or fee for cancellation of same, if any; 426
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, ff any; (3) Ai,/,,dsul 4~
fees and charges paid in edvance to mortgage lander, if any; (4) Buyer's customary suttiemant cogs and access,
(C) Any survey or surveys which may be required by the Title Insurance Company or tho abetrac~n~ for the -i-~- on of an
legal descfipti°n °f the Pr°Per~7 (or thc c°n'ectl°n theren0 will be sconred and paid f°r by Seller. AnY survey or sm'veys desired by BuTer or
required by the mo~e leader ~ be ~ecored and paid forby BuTer.
(D) In the evant Seller is unable to ~ive a good and marketable dtle and such as will be insu~d by a reputable Title Company at ~he realist rates, as
specified in paragraph l~(A), BuYer will have the option off (l) taking such dtle as Seller can give with no change to the parchaso price; or (2) being
repaid sil monies peid bY Buyer to Seller on account of purchase ptice and being reimburscd by Seller for any corn incurred by Buyer for any inspec.
tions or ce~ificagons obtained according to the terms of the A~eemant, and for thcse items specified in paragraph IS(B) items (1), (2), (3) and in
paragraph I~(C), in which case there ....
16. ZONING CI~.,~SIFICATION (~-02) will be no fu~her liability or obligsdon on either of the pa~le~ hereto and this Agreement will become VOID.
Failure of this Agreement to contain tho zomng clessification (except in ca,es where the proparty {and each parcel thereof, if subdividable~ is zoned
solely or primarily to permit single-f~m!!y dwellings) will rander this A~reemant voidable at the option of the Buyer. and, if voided, any deposits
tendered by the Buyer will be ~tumed to. the Buyer without ~ny requirement for court ~ion.
BLF.~'i~.~. Wi~in 15 DAYS of the execmion ~f th~ A~rcement, Buyer will verify that the existln~ use of the Property as
is permitted. In the event the use is not ponnitted, Buyer w~, wi~hi,, ~he ~
~iven for vertih~ton, no~f'y Seller in writing that the existing use of the Prope~y is not permitted and ~s Agreement will be VOID, in which
ca~ all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure ~o raspond wi~i~ the ~ne
~ivon will con,irate a WAIVF~ of this contin~ency and ~di other re'ms of ~ A~eemem remain in ibll force ~d dfec~
17. COAL NOTICE
NOT APPLICABLE 449
451
THIS DOCUIVlI/h'T MAY NOT $1//A., CONVEY, TRAN$1~R, iNCLUDi/OR ii~JURE THB TI.F~.E ?O TH1/COAL AND R/OH~ OF SUPi~RT ~ THE SURNAC~ LAND
IN THAT ~ON, DAMAOE MAY ~ TO THE SU!~AC~ OF THB LAHD AND ANY HOUSE, BUILDINO OR OTI~R S'I~UCI'URB ON OR IN SUCH LAND. ~[~his
notice is set forth in the m*nn~ pl'ovid~d in Soctioll ! of the Act of Suly 17, 19:57, P,L. 984.) "Buyer acknowledgas that he may not be obtaining the
tight of protection agal~t stlb~idence rcs~/ng from coal I~ining oparations, and that the prope~y de~fibed he~in may be protected fi'om damage
due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the po~ose
~fc~mp~yingwiththepr~visi~os~fSec~on~4~ftheBitumin~nsMineSubsidenceandtheLandC~nservationAct~fApti~2?~966." Buyeragees 466
to sign the deed tk, m Seller which deed will contain the aforesaid provialon.
18. I'OSSF. SSlON 04r2)
(A) Possession is to be delivered by __de~_~ keys and: 4a0
1. Physical possossion to vacant Property free of debris, with all slmcturas broom-clean, at day and time of settlement, AND/OR 462
2. A~i~ment of existing lease(s), together with any security deposits and interest, at ~in~ of settlement, if Property is leased at the
execution of this Agreement or unle~ otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at
thno of e. xeondon of this A~t. 466
(B) Seller will no~ anter into any ns w ]eases, wfi~n extension of exisdn~ ]eases, if any, o~ additional ]eases for the l~open7 without the wtitten 466
consan~ of Buyer.
1~. RECORDING (3-~5) ' ' ·' 4~
This A~"eement will not be recorded m the Office for the Recerd~ of Deeds or in any other office or place of public record 468
and if Buyer caases or permits this A~eemant to be recorded, Seller may elect to Ireat such act as a breach of ~ A/renment. 469
7,0, ASSIGNMENT (3-0~) This A/reement will be binding upon the parties, their respective heirs, personal re~tatlves, guardans and successors, 470
and to the extent assi/nable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign tiffs
.~t without the written consent of Seller.
21. DEPOSIT & RECOVERY lrtlND (1-02) 472
47~
(A) Deposits psid by Buyer withi~ 30 DAYS of su~emant will be by ~ash, cashier's or certified cbec~ D~.~osits, ~gardless of the form of
pa~ant and the person dasianated as. payee, will be paid in U~S. Dollars to Broker or par~ identified in paragraph 3~), who ~ ~taln them 476
in an e.~row account on~l ¢omummation or termination of Chis Agreement in conformity with ~ applicable laws and regoiations. Any onceabed 47~
cbedc tande~d as deposit mon~ may be h~ld l~m~-g the acceptance of th~ offer. 477
~) ~pon termination of ~ Agreemant, the Bwker holding the deposit monies will release the ~posit monies in accordance with the terms of a 476
fully exacuted ~t~n agreement betwean Buyer and Seller.
(C) ~n the event of a dispute over entitlement to deposit mo~es, a broker holding the deposit mouies is required by the Rules and Regulations of
the State a~al F~ta~ Commission (49 Pa. Code §3~.327) to reain the monies in escrow on~l th~ dispute is r~olved. In thu evant of lltig~on
f°r the return °f deposit m°oies' a bt°kef will disuihute the m°oies as directed by a final ordar of ceurt or the wtitten Agreement of the parties.
Buyer and Seller ag~ thnt~ in th~ evant any hr~r or alt~liated licensee is joined in litigation for th~ return of deposit monim, the attorneys,
fees and costs of the brokers) and licensee(s) will be paid by the party joining them. 4a4
(D) A Real E~tate Recovery Fund exists to reimburse any persons who have obtained a final civil jud~mant against a Pennsylvania real estate
licensee owing to fraud, mls~eprasantatlon, ' · ·
or dace%t ~n a real estate ~ansaction and who have been.unable to collect the jud~mant after exhaust-
ins all legal and equitable remedle& 1%£ complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pannsylvania) and 46?
(717) 783-4854 (ou~de Pennsylvania).
~" COMMUlSlTY (HOMEOWNER ASSOCIATION) RKSALE NOTICE ('I-02)
~' APPLICABLE. CONDOlVIINIUM Buyer acknowied-es that the Pro leo
· · . & pen'y ts a unit of a condominium that is primarily run by a unit owners'
association. §3407 of the Uniform Condominium Act of Pennsylvania requh~ Seller to furnish Buyer with a Ceffificate of Resale and copies 492
of the condominium declaragon (other t~nn plats and plans), the byhw$, and the rules and reg,!s_t!ons of the association. 496
f~ APPLICABLE: PLANNED COMMUNiTy (HOMF.~WHI~ ASSOCIATION). Buyer acknowledges that the Property is part of a planned 494
community as defined by the Uniform Planned'Community Act. (See Defugtlon of Plauned Community No,ce). §5407(a) of the Act requires 495
Seller to furnish Buyer with a copy of the Declaration (other than phits and pisns), ~e byhw$, the ruies and re~!_~_.oos of ~e association, and
a Certln/.c~e, coFaluins m p~ialoos ~ fora in §5407(a) of ~ Acc
~ ' ~' ~ ~/1~1~: 466
4SY
551~
554
555
53O
552
554
55~
55~
55?
55~
545
$45
~4~
552
~55
559
55g
574
57g
, ~80
581
582
'l'll~, ~'UL, L,U WLN t.a;. AJffI"L,I,I~ 'IU .......
(Al W~thin 15 FKUF~KI~i llt~l AKIPJ FAKI' UI~'A ~'U/NI~Pb'IA~IUM UKA I'I,~,P/PII~2 t;~21VliVlUP/fl'y.
DAYS of the execuiion of fids A~.ement' Seller will submit a request to the essodation for a ~ of Resale and the doc- 500
uments necessary to enable Seller to comply with the Act. The Act provides that the associat/on is required to provide these documents within
I~) days of Seller's request.
03) SeUer will promptly deliver to Buyer ail documents received from the association. Under the Act, Seller is not liable to Buyer for the failure or $55
delay of the association to provide the Certificate in a tflnely manner, nor is Seller liable to Buyer for any en'oneous information provided by 504
the association and included in the Certificate.
(C) Buyermaydec~arethisA~recmentV~~Datenytimebef~reBuycr~sraceiPt~ftheasseciationdocumentsandfor$deysthereafter~~Runti~ 506
settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be 507
returned to Buyer.
(D) · · · . 506
In the event the assocla~on has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reimbu~e 509
Buyerforai~m~niespaidbyBuyeronacc~unt~fpurchasepriceandforanyc~stsincurredbyBuyerf~~. (I) Titlosearch, titlcinsuranceand/or 510
mechanics lien insurance, or fee for cancellation of same, if any; (2) Flood insurance and/or ~ insurance with extended coverage, mine sub. 511
sidance insurance, or fee for cancellation of seine, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, ff any. 512
23. M-A~'r~CE & RISK OF LOSS 0.02) 513
(Al Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled he.in in its present condition, normal 514
wear and tear excepted.
03) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or ~lace the item. Seller will promptly 516
notify Buyer in writing of Seller's choice to:
1. Repair or replace the failed system or appliance before settlement or credit Buyer at senlemunt/'or the fair market value of the failed sys- 518
tern or appliance (this optioo must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and a~ees to 519
the RELF_,ASB set forth in ~h 12~ of this Agreement, OR 520
2. Not repair or replace the failed system or appliance, and not credit Buyer at senlement for the fair market value of the failed system or 521
appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or ffSeiler faiisto notify Buyer of Sefler's 522
choice within the lime ~ivon, Buyer will notify Seller in writing within } DAYS or before senltiement' whichever is sooner, that Buyer 523
will:
a. Accept the Prop~ty and a~ree to the Rt~.~ASB set forth in para~'aph 2~ of this A~eement, OR 525
b. Terminate this A~reement' in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer $25
and this A~'eement will be VOID.
· 527
(C) Seller will bea~ risk of loss ~om ~ or other casuai~es until dine of senlement. In tbe event of damage by f'~ or oth~ casuaities to any prop- 52a
eny incinded in G'ds saie th~ is not repahv, d or ~]aced prior to senlement' Buyer.will have th~ opdon of ~scindiog this A~n~nt and 529
promptiy ~ceiving aiJ monies paid on account of pt-'chase price or of aoc~tin8 the ~,'ope~ in ifs then condition togatJ'~r with the ~ 530
of any insu~mce ~overy obr~inab]e by Seller. Buyer Js h~by notified dm Buyer may insu~ Buyer's ~]nitabie int~,at in this ~open7 as of
the dme of execution of this ABre~mant. 531
532
Z4, W,~JE~R OF CONr~TG~.~C]~ (1-O2)
~f tl~s A~ment is ~ontmgent on Buyer's fight to inspect and/or repuh' the ~'opetty. Buyer,s ~aiinre to exe~ m~y of Bnyer~g opdo~ within 534
the dine limits set forth in this Agseemont will constitute a W,~%'ER of that cont~anc~ and Buyer accepts the Property and aBroas to the 535
RELEASE set forth h paragraph 25 of this Agreement
25. RI~I,g~E (1-02) 555
55?
Buyer hereby relents, quit claim! and forever discharges SELLEP~ ALL BROKERS, their LICENS~R% EMPLOYEES, and any OFFI.
CER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be il~,ble by or through them, from
a~' and all clahm, losses or demands, including, but not liml~l to, personal iniurise and property damage and all of ti~ eonsequunees there- 540
of, whether now known or not, which my arise from the presence of termites or other wund-boring imec~ radon, iand-bami paint haz. 541
ards, environmental hazards, any defects in the individual an-lot sewage disposal sysmn or daliclmc~s in th~ an-al~e water service system, 542
or any defects or conditions on the Property. Should Seller be in default under the ~erms of flfl~ Agr~mont, thb rdms~ does not deprive
Buyer of any right to pursue any remedies that may be ava~!~ble under law or equity. This rdeme will survive setflemant.
26. REFRESENTATIONS
(A) Buyer understands .....
that any representations, drams, adver~smg, promouonai activities, brochures or plans of any kind made by Seller, Brokers,
their licensees, empinyecs, officers, or permers are not a pen of this Agreement unless expresaiy incorpurated or s!aL,~l in thia Aareement. It is 54?
further understood that this Agreement contains the whole agreement between Seller and Buyer and thee are no other terms, obligations, 540
covenants, rel~resentations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this
Agreement will not be aitemd, amended~ changed, or modified except in wfitiag executed by the parties. 555
03) It is understood that Buyer ina inspected the Property befor~ algntog tiffs Agreement (inclualn~ flxtur~ and any personal property 551
specifically scheduled heraln), or has waived the right to do so, and has ~rced to purcbu~ Ihe Property in its prns~t condition unlm~ 552
oth~,ts~ stated in this Agreemmt. Buyer acknowledges that Brokers, their lk~s~s, *mpioye~, office~ or im'mers buv~ not nmie 555
an independent ~.mulnotion or dotermiantion of the structural ~oundmns of the Property, tbo ~e or cenditio~ of the componen~ emi. 554
conmentai conditions, the permit~d ns~ or of conditions ~isting in the lo~le where the Property ~ altant~d; nor have ~ made a ~5
(C) Any repuhs required by this A~reement will be completed in a workmap!i~9 manner. ~7
(D) Bwker(s) may perform services to assist unmpresanted parties in corcq)lyiag with the terms of this A~reement. 555
03) The headings, captions, and line numbers in this A~eement are meant only to make it easier to find the para~aphs.
27. DEFAULT (1-02) 555
· o· 555
(Al Seller has the epson of retamiag all sums paid by Buyer, including the deposit monies, should Buyer:. 561
1. Fail to mnk,~ any additional payments as specified in para~aph 3; OR 555
2. Furnish raise or incomplete information to Selier, Broker(s), or the mortgage lender, if any, concerning Buyer*s legai or financiai Status, 563
or fail to cooperate in the processing of the monsags loan application, which acts would result in the failure to obtain the approvai of a 564
mortgage loan commiUnant; OR
3. ¥iolate or hil to ~ and l~'form any other terms or conditions of this Agreement. 555
03) Unless otherwise checked in pm'agraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 567
following
I. On account of purchase price; OR 556
3. As liqu~r~ damases fhr such breach. 570
(~ ~ Seller is limited to reteiniag sums paid by Buyer, including de. sit monies, as liqu~,~_~ deranges. ~ 571
572
(D) ...... cl. ___ ~ P paras3*aph 27 03) or (C), Buyer and Seller 573
If Seller retains all sums prod by Buyer, mcludin~ depo~lt momes, as li u~d~*,-.~ damn es ursuant to
will be released from further liability or obligation and this Agreement will be VOID.
28. I~mlATION (7-96)
r~ NOT AVAILABLB
I-1 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date. should a dispute arise, but that there will be no obli- $77
gation on the part of any party to do so.
'(~) ~T~,,~-t'j~,D 578
576
Buyer and Seller will Iry to resolve any dispute or claim that may arise from this Agreement titrough mediation, in accordance with the Rules 560
and Procedures of gte Home Sellers/Home Buyers Dispute Resolution System, Any agreement reached through a mediation confereoce and 551
03) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers ,~3
Dispute Resolution System (see Medis*ion Notice).
(C) This a~tn~./t to/medi?te, disputes arising from this Asreemant will survive settlement 585
Buyer Iulflai~: ~?"~1 ~"~ A/S-2K Page 7 of 8 Sdler lnlflob;
Exhibit B
Blechler & Tillery
INCORPORATED
2843 Fkx'th RTmt Sheet, FImY, f,~,izg, PA 17110
717 221-1004 F~X 717 221-1005
Michelle Nestor
Prudential Thompson Wood
3815 Market Street
Camp Hill, Pa. 17011
March 4, 2002
RE: Wendell Hoover
223 S. York Street
Meehanicsburg, Pa.
To Whom It May Concern:
We inspected structure at the above referenced property on February 26, 2002. We found
the following repairs due to damage from both wood borers and dry rot.
- Several floor joists needed sistered or replaced.
- Several of the floor joists that were sistered in the past will need the sistering
boards replaced due to the damage and condition of these repair boards.
Several floor joists need shored and the foundation repaired to prevent further
movement of floor joists offofthe foundation wall.
The main beam should be repaired or replaced.
- Several columns are damaged and need replaced.
It is our opinion that the above mentioned repairs will exceed $2,000.00. We recommend
that a contractor, with expertise in this area, be contacted to give an esl/mate. We would
be willing to meet someone on site to go over the recommended repairs. If you have any
question please call me at (717) 221-1004.
Sincerely,
Mike Biechler
09/65/2902 13:32 717-$97-0822 jACK 6AUC+I~4 ~ECH P~C-E 86
rq~,.~. I~.:~,~.~ . ...' .--. -" . ". - '. -
Exhibit C
02/11/2002 16:55 717-697-6822 JACK ~ MECH
mt~t is ~ ~g so~ th~
~id~ d~i~ to ~ Seller in ~mp~g ~i~ ~!o~ r~o~nU ~d ~o ~i~
any ~ecno~ ~ ~r~i~ ~at B ............... ~o~ f · dale
~lati~ by ~y i~n~ ~e~ ~t~ brog~,.~y ~1~8 ~ .e~ ~k~, ~ ~t !~
a~ut ~e ~ of the pz~ ~ may ~ ~ ~clud~ ~ ~Js 5m~m~C ~s ~t
'
11
1!
21
~z
~' 3.
~s 1.- SEI..LER'S EXPERTISE Seller does nol'Possess expertise in c6nlracting, englneerint. ~IK~ ~ o~ ~ ~aed m ~e
~ Z OCCUPANCY · ' ·
(a) ~ you, Seller, ~fly ~c~py ~s ~? - ~ ~ No
R~F
('o) Has thc roof been replaced or repaized cludug },out ownership? O Yes Ci No
(c) If"yes,- were the existing shingl~s removed? O"Yes 0 No C] Unknown
(d) Has ~ roof ever leaked during your ownership? I~"Yes [] No
(e) Do you know of a~y problems with' the'mOt, gutters or downa~c.:~uts? 0 Yes
Explain any "yes" auswe~ thai you'gJve Jn this section:
3e
_
~; 4. BASEMENTS AND CRA1a~. SP&CES (Complete only ifap_pli~'nble)
(a) Does the prope~y have a SUmp PUhlp? 0 ye~ ~ [] Unknowll
~ (b) Aze you aware of any water lent-~agc~ acL-'Omolat~on' or ~ ~ ~ ~ or c~ s~e? 0 Yes ~o
~ ~"yes," d~be ~ de~il: " '
3s (c) ~ you ~ow of ~y ~ ~ oth~ atom,s ~ ~n~] any ~t~ or d~p~ ~b]~ ~ ~e b~t ~ ~wl ~ce?
CI Yes
)! lf"ye~," describe Ihe Iocmion. extent, date. and name of ~e person who did Ibc repab' or couttol effort:
A~¢ you aware of any damage to thc'p~perl7 caused by temdtes/wood-de~troying insects, ut pests?
(b) Is y°ur pmpe~7 cun~ndy under c°ntrnct bY a licen- -ee~ pest' c°nlz°l c°mpany? OYes d~No
Cc)
(d) A~e you aware of any termite/pest con,t01 Zel~0rts or treatments for the prope m the last five
F.z lain an rty' -.
- --~,r.,..z e~ ~.~/,~r~.$~:~'~'7'~'~'-$7-~£ ,.--, ,~.~,~'~"---~r.r~ .r~ -~.' ._ ~cmc~_uncn. z provmer, lz applicable:.
_(b) Mc you aware of any past -' ....
OYes.
~Ar~cyou aware ,of any pa~t or prcsent problems with d~iveways, walkwa~s, palJos, or tetain~g walls on l~e property? '
$1
~ y,,out p~..._.~_ .con~s1~ucted with an Exte~or Insulating F'mlshjn§ System (EIF$), such as drivit or ~yntheti~ stucco?
u xes 0-1~o E] Unknown .
02/11/2002 16:55 717-697-0822 JACK 6AUC.+EN /4iCH PACE 84
"yes,"exp~i~: ......,~.,,~ng ~./ ~ Y~ ~ No ~ Un~
~i. any "y~" ~ th~ you ~vc ~ ~ ~o~ ~ ~i~ni~g ~p~ m con~l ~ ~C pl~ ~ ~
tlon and extent of the problem, and the date. and I~TSOn by w~om the work was done, if lmown:
~s 7. ADDITIONS/REMODi~Lq u ............ '._.
,- If "yes," d . . ...... ~ ~--~ .
[fuctura] changes, or Oth~alteratiOnS ~O t~e property? ~-,~es ~ NO
r~ g. WATER AND SEWAGE ~ ~
9!
(a) What ;e Ihe sonrCc of your th*inking Water? [~ubllc Water
D Co~m~ty Wm~ D None '~ ~ (~xpl~n),
~) lfy~r ~i~g wa~ ~ is ~ puMic:
~en ~ Y~r ~t~ i~ t~ ~ ~at ~ ~e ~h of~ t~?
Is ~e ~ing syst~ ~ w~g o~ ~ Y~ ~ No -
lf"~," ~plaim
n On-Site Water (Well on Pr-~)erty)
(c) D°y°u havea softener, flher, or otherpuri~ system? 0 Yes PI' N-"~=~- ~.=~.
lf 'Yes," Js the system KI l_e~_sed . O.OW~ed
(d) What it the lype of sewage sy~,m? [~"'Public Sewn- '[] Indi~dual On-Jot Sewage Disposal System 7
O Individual On-IM Sewage Disposal System ia Proximity to Well E~ Community Sex, ge Disposal
O Ten-acre Permit Exemption... El J-I01di~g Tank O N°ne * n
' * Noue Avaihble/Pennit Limitations in Effect
If Individual On-lot. what ~ype? . Ki. Ce~pooi F'I Drainfield [] Unknown I~ Other (specify):.
Is b'~re a sepdc rank on the Propen, y? O Yes* D No O Unknow6
If"yes," what is b~e type of tank? I-I :Metal/steel I-I' Cemenl/conc~ete n Fiberglass ~ Unknown
O Other (specify):_ · · · ' "
Other typo Of scvn~ system (explain):
(e) When was the on-site sewage disposal system last servk~? .
(f} Is there a sewage pump7 [] Yes f'i No
If"yes,- is it in working order. []..Yes 'i-I No
· (g) Is either Ihe water or sewage s~stem ~hared? [] Yes ' O No
If"yes,; explain: ' -
m) Are you a,~ of any leaks, backups, o~ other P~'Oblems relating to any ;f th; plumbing; water, ~nd sewage-related hems?
[] Yes [] No
10
Il
~s If "yes." ex plain: ......
I~ 9. ' PLUMBING SYSTE-~ "'
· (al Type of plumbing:. [~Copper, ~'Galvanized 0 Lead EI~PVC 0 Unlmown
~ /~ Other (explain):. " .
·
,7 (b) Are yon aw~e of any problems with any ofyonr plumbing fixtures (e.g., ~ncluding but no~ Umitcd to: kitchen, laund~, or bath-
O Yes E]*'No
91
room fixRlres; wet bars; hot Water heater;, etc.)?
If "yes," explain:
HEATING AND AIR CONDITIONING
(a) ~ of air conditioning: O Central Electgc. 0 Cenh-al Gas El- Wall ~J~lone
.N. umher of wind. ow units included in sale: ~ ~ Location
(b) ~-lst any areas or the bonse that arc not air conditioned:
(c) ~ otrheat/ng: [~ Electric ~[] Natural Gas
(d)
(e)
[3 Propane (On-sit~) .
Aretherew°°d°rcoalbuming~oves?. [] Yes I:~'l~o lf"Yes," how many?
Arc there any fireplaces? n Yes 1~]~1o If "yes." how many~ · . _ Are dray working? 0 Yes
Other types ofhea6ng systems (explain): *,'. .: - . _ .-Arc they working? O Yes O
Are there any ch/mneys? ~.
Wbon were they last clcancd~ ~ ~,.~ ,,,,-, man)'; --=_..~'e they
List any areas of the house thst are not heated:
_ 10.1
No ~
~,o '
113
(O 'Pype of water heating: n .Elecu-~ 'G~G O ~olar
(g) Am you aware of any unde~round ~el tanks on the property9
If "yes," dcscrlbu: ~ '
· If tanks are not owned, explain: __
Are you awa~ ofony problgms with any item
If "yes," explain: ....
00t~r:. [] Yes
Page2 of 4
Seller's Initials:
113
lis
llG
02/11/2002 16:55 717-697-8822 J~O< C~cO. IGI-EN MECH P~GE 05
12: Q~RR EQ~M~A~ AP~~ ~CL~ED ~ S~E~m~ete only ir np~ble) , ~
~ipmcnt ~d appliers ul~ly incl~ in ~ ~e ~ ~ *d~in~ by ne~ ~ ~g to ~ t~ of ~ ~
A~I of Sale. .
1,10
141
144
145
147
4!
$1
$!
5~
$'~
a 14.* HAZARDOUS SUBSTANCES
,. (_a.) __.~ _E~ectr;cOara~e DoorOpene~. l~O. of T~n~mitt~-,
(a) A~youaw~yfiH~ex~l~~? 0 ~ "~
~) ~u ~K of~y ~, ~ ~ ~v~ u~ ~u~i~ ~ ~
(ouc~ide P~n~v~iag ,~ ~ M~y. FA 15317 (8~) 9~-1~8 (~ P~aylv~) or ~)
(c) ~ y~ a~ .........
~ Y~ ~f any ~ng ~ ~ m~g, ~g, ~ any ~cr excavad~s ~at mi~t
(d) ~Y°~w~g~is~.~ofi~l~t~inafl~orw~ands~? ~ Y~ ~
(e) ~ you ~ow ~ any ~ ~t ~ge ~ ~ng ~ ~g ~e ~i~?
(0 ~ you ~ow of ~y en~=~, ~u~ ~ ~ut~ ~ ~e~U? O Ye~ ~o
~e ~ ~uy~: ' " ' - -.
e~ntr do not ~dct ~e ~&~ ~e of t~e pm~i~, a~ Sell~ ~ not ~ readily ~e of t~m.
. det~ine ~e ~en~ of e~ms '
~ ~ ~ ~r~i~g tat ~p~ ~ o~ing an Abbott
t~ reco~ in the ~ce of t~ Rtc~ ~Dee~r t~e coun~ b~ore ~te~ng into ~ Ag~ement
(g) ~ you a~ any ~d ~ ~ ~ (e.g. ~ways. ~d~, d~, wall~ etc.) or m~n~ce a~?
0 Yes .: ....
(a) Ate you aware of any underground tanks (bther than fuel tn~.s) or hazardous sub~'tances .... ' -
% re.ch as, but nm_ limited to, asbestos, Po/ycldorlnared bivhe~v]- t.,--~_.' .... .v.,.~.en!on_~cproperty(~mu:tm-eorso{l)
J~Yes ~ t- ~ ,, w,--~,~.,, oreazorrnaldebyne loam lmulalion (UF~, crc.?
lcl _a~°yournowozanyo~'~wenvlronmeaM.oo~lhatmir_hrim,actu.,,.~:~,:____.,. ~'-'.;'~" --..
',,. i. Ih'/.=,,,
If "yes "" .... ~y. sts f. or ..do. ps.:that !~. ye. been performed in nny buiiding~ on the propc~79 ~
DAm Trm OF 'f~sr Rr-nu~ (picocurier~ite~' or Working. leveh) N,o~ o F Te..nTl~ $~tvlc~
(e) ~ :)mu aware of any radon removal system on the property? 0 'Yes ~
If"yes." list date inslaHed and type of ~stexn, and whether it h in Working order below:.
DAT~ It~rA~.~O Ty~ O~ 3',~',,~i Paovw~
Page 3 0f 4 -
-- 171
~ Yes
iD Yes 0 No
C] Y~
~ller't Initiaic~~
02/11/2002 16:55 717-697-0822 JACK ~ b~:C3-1 P~:~E: 66
I{l con
~ 16.
A matra] dc~t is a ~bl~ wi~ ~a ~ ~ ~y ~on of it th~ ~ou]d ~ve a si~ficant ~v~ ~f ~ ~ ~]ue of
~y ~ ~at ~volv~ ~ u~abie H~ to ~ple on t~ h~
..... -:: ---o- ~.er needy auth~ the ~ B~k~ t~ .~a. ,~ :::t~t ~rate and co~lete to the
7 T ..... urine oy a c~ M ~e ~ndi~M ~lhe nrM~ r~:~:~'6 :~ny s~afiOU ~ppl~ on thk ro~
; : S~LER ~ DA~
Exhibit D
03/05/2002 13:32 717-697-8822
__0~/07/0! lO:2e PAX 717 ~61 S308 · :.
01/23/200L 11:~ F~
! ._
JAC~ GAUGH~ VECH
"OR'="': .......... '"' .... ~'" ........ '? BAS '~--ENTEM
EXTERI" ' FO'UNDATION
PAGE 04
,,I
CHIMNEY:
f~-; bee i= mce~r.E~, rear is !~ R~. HEAT FAN NOTED AT R~.AR (A~AWL
SPACE, SUGGEST CONSULTING WITH SI:;; ~=R AS TO WHY. IF HEEDED,
~ ADDmOHAL ~$ULA'nON SHOULD BEN)DEl).
~..~'.::,: , ~ ,
03/0S/2882 13:32 717-697~0822' .. 'JAC~ GAUGHEN NECN
01/23/2001 11:23 ~. ~I~
~ . ,'/./"..:i.~.:: ,.~ ,-...~: . .' .:.. ....
..... "' ~'::/-'ROOF SYSTEM
P~ 03
~01~
laalle4
.i
Exhibit E
93/95/2992 13:32 717-697-0922 SACK
OLSON, BLACK & ASSOCIATEs, I"O.
PROFESSIONAL ENGINEERS · BUILDING CONSULTANTS
450 PAWNEE DRIVE 920 DEBRA DRIVE
MECHANIC,.~BURG, PA 170~5 · HUMMELSTOWN, PA 17036
E-MAIL~ h°usedoctr Oworld~eta~t-net
INTERNET: ww.v. housedoctr, com
PAC~E: 07
~lUU4
Felxuanj 12, 2001
Dave Weaver
3310 M~rket St
Camp Hill, Pa. 17011 ' ....
223 S. york St
Mech., Pa. 17055
Deaf Dave,
At your request, a visual inspection of termite damage at the above referenced property ~s
conducted on 2-12-01..
The purpose of our inspectiOn`was fo gather i=.;ormation that wcxJId enable us to render an
opinion concerning the structural integrity of the ;';aming which had'been damaged by
teHf~;tes. Neither the inspection nor this report iS intended to COVer any hidden or concealed
defects or mechanical, ~le~al and architectural fealures. This inspection report reflects the
visual conditions of the property only at the time Of the ~nspection. The following is an opinion
report, expressed as a result of the inspection.
Along with our inspection we reviewed a termite inspec~on report which indicated that there
wa~ damage at both sides of the basement stairwell.
Corrective measures v~ill r~l to be taken to support the framework at these areas. The floor
joist'[o~:ated on the crawl spaCe side of the stairs has signific~lnt damage. I suggest sistering
another floor joist next to this one. The meta! panning, used for the heat system will need to be
removed to expose Ihs space...~. ~ e the neW joist will set. One end will De supported by ihs
foundalion wall and the'other. end will be bolted' to the existing damaged joist at a point where
there is no more damage~ The Other side ofthe, stairwell needs attention as ;'.cfi. The beam
heading ~ff the floor.joists et the'stairwell is damaged fi-om pests. I suggest the following
course of a~tion. Add an additional beam alongside of the existing beam, only set it higher, it
should be in direct contact with and supportive of the floor joists. One end of the beam should
be set onto the foundation wall and the other will be under pinned by a post.
03/05/2002
13:32 717-697-9822 ....
~0:22 ~,~ 717 761 $308
please c~ll.
Sincerer,
Jeffrey N. Black ..
PAGE 06
k~OOS
VERIFICATION
I, DOUGLAS K. MARSICO, Attorney for Plaintiff, Wendell Hoover, verify that the
averments made on behalf of said Plaintiff are based upon knowledge, info,,x~ation and belief
provided to me by Plaintiff and/or Plaintiff's retained expert. Based upon this information, the
statements set forth in the foregoing Complaint are to the best of my infoi-~iiation true and
correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities.
~ ~ a~'~. M~sico, Esquire
02246/39017
WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKETNO. 02-2203 C±v±l Term
.
: JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICE
I do hereby accept service of and acknowledge receipt of a copy of the Complaint on
behalf of Michael E. Chambers.
Date:
An'~re~ Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
02246/39182
WENDELL HOOVER,
Plaintiff
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERL~ COUNTY, PENNSYLVANIA
:
: DOCKETNO. 02-2203 12tvil 'l'erm
: JURY TRIAL DEMANDED
ACCEPTANCE OF SERVICe.
I do hereby accept service of and acknowledge receipt of a copy of the Complaint on
behalf of Michael E. Chambers.
Date:
An'~ew H Shaw, Esqmre
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
02246/39182
WENDELL HOOVER,
Plaintiff,
MICHAEL E. CHAMBERS and,
LYNN K. CHAMBERS,
Defendants.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2203 CIVIL TERM
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO PLAINTIFF:
You are hereby notified to file a written response to the enclosed Answer with
Counterclaim within twenty (20) days from service hereof or a judgment may be entered against
you.
Respectfully submitted,
ROBINSON & GERALDO
By:
Andrew H~ Shaw, ~sq~u{r~
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
WENDELL HOOVER,
Plaintiff,
Vo
MICHAEL E. CHAMBERS and,
LYNN K. CHAMBERS,
Defendants.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-2203 CIVIL TERM
: JURY TRIAL DEMANDED
DEFENDANT MICHAEL E. CHAMBER'S ANSWER
WITH COUNTERCLAIM TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Michael E. Charabers, by and through his attorneys,
Robinson & Geraldo, P.C., and files this ANSWER WITH COUNTERCLAIM TO
PLAINTIFF'S COMPLAINT, and in support thereof states as follows:
1. Admitted.
2. Admitted in part and Denied in part. It is admitted that Defendant Michael E.
Chambers is an adult individual with a last known address of 223 South York
Street, Mechanicsburg, Cumberland County, Pennsylvania. It is denied that
Michael and Lynn Chambers are husband and wife, and that Lynn Chamber's last
known address is as stated above. To the contrary, Michael and Lynn Chambers
were divorced on April 26, 2001. A copy of the Divorce Decree is attached
hereto and incorporated as "Exhibit A."
3.Admitted.
4. Denied. It is denied that the Agreement of Sale was contingent upon a wood
infestation report. To thc contrary, the parties negotiated away the contingency,
the terms of which are hand-written into the Agreement of Sale.
5. Admitted in part and Denied in part. It is admitted that Plaintiff ordered the wood
infestation inspection. It is denied that the inspection was conducted timely. To
the contrary, the inspection was to be performed 30 days after Defendant Michael
Chambers performed termite treatment to the structure.
6. Admitted.
7. Admitted in part and Denied in part. It is admitted that Plaintiff obtained a report.
It is denied that Plaintiff exercised his right to the report. By way of further
response, Plaintiff reserved the right to an inspection after treatment was
completed. On the day that Plaintiff inspected the property, treatment had been
performed only hours before.
8. Admitted.
9. Paragraph 9 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required.
10. Paragraph 10 of PlaintilTs Complaint is a conclusion of law to which no
responsive pleading is required.
I 1. Admitted. For purposes of further response, Defendants have exercised their
rights under the terms of the Agreement of Sale to maintain possession of the
deposit monies due to Plaintiff's breach of the Agreement of Sale.
12. Admitted in part and Denied in part. It is admitted that the amount of the deposit
monies is $10,000. It is denied that the deposit monies are wrongfully being
withheld.
13. Admitted.
14. Admitted in part and Denied in part. It is admitted that Defendants initially
answered "no" to the question regarding knowledge of any termite report or
treatment. It is denied that for purposes of the current transaction with Plaintiff
that the Defendants answered "no" to the above question. By way of further
response, Defendants became aware of termite damage prior to providing the
Seller's Property Disclosure Statement to Plaintiff and directed their real estate
agent, Patti Hoffman, to change the answer to "yes."
15. Admitted in part and Denied in part. It is admitted that the property was inspected
in early 2001 by Amerispec. It is denied that extensive temfite damage was
found.
16. Admitted.
17. Denied. It is denied to the extent that the Defendants knew of any temdte damage
at the time that they answered "no" on the Seller's Property Disclosure Form as to
whether they were aware of any te,nite requests in the Past five years. By way of
further response, Defendants became aware of termite damage prior to providing
the Seller's Property Disclosure Statement to Plaintiffand directed their real
estate agent, Paul Hoffraan, to change the answer to "yes."
18. Denied. It is denied that Defendants failed to disclose other material defects
noted in Exhibit D of Plaintiff's Complaint. It is further denied that any defects
noted in Exhibit D are material.
COUNT I
BREACH OF CONTRACT
19. No responsive pleading is required.
20. Paragraph 20 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required.
21. Paragraph 21 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required.
22. Paragraph 22 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required.
COUNT II
FRAUDULENT AND/OR NEGLIGENT MISREPRESENTATION
23. No responsive pleading is required.
24. Admitted in part and Denied in part. It is admitted that at the time the Defendants
caused the Seller's Property Disclosure Statement to be delivered to the Plaintiff
that the Defendants knew of the termite damage. It is denied that at the time the
Defendants signed the Seller's Property Disclosure Statement that they knew of
termite damage or temdte infestation.
25. Admitted. By way of further response, Defendants did state on the Seller's
Property Disclosure Statement: "teimites in basement near steps-to be treated etc.
prior to settlement."
26. Denied. It is denied that any defects as referenced in Paragraph 18 of Plaintiff's
complaint were material.
27. After reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of Plaintiff's averment in Paragraph 27 of
Plaintiff's complaint.
28. Denied. It is denied that Defendants knowingly, intentionally and wantonly
supplied false information in the Seller's Property Disclosure Statement. It is
further denied that Defendants knew the information supplied was inaccurate
and/or incomplete and/or false.
29. Denied. It is denied that the information was not disclosed. It is further denied
that any information not disclosed was material to the transaction.
30. Denied. It is denied that Defendants misrepresented the condition of the property.
It is further denied that Defendants intended to deceive the Plaintiff. It is further
denied that Defendants intended to deceive the Plaintiffto induce him to purchase
the real estate for the purchase price set forth in the Agreement of Sale.
31. After reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of Plaintiff's averment in Paragraph 31 of
Plaintiff's complaint.
32. Denied. It is denied that Defendants misrepresented facts to the Plaintiff. It is
denied that Plaimiffhas suffered damages in the foi~ of the loss of the deposit
money, diminution in value of the property, and costs and repairs.
COUNT III
UNFAIR TRADE PRACTICE AND CONSUMER PROTECTION LAW
33. No responsive pleading is required.
34. Paragraph 34 of Plaintiffs Complaint is a conclusion of law to which no
responsive pleading is required.
35. Paragraph 35 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required.
36. Admitted in part and denied in part. It is admired that Defendants are subject to
the requirements of the Unfair Trade Practices and Consumer Protection law. It is
denied that Defendants violated any t¢~iiis of the Unfair Trade Practices and
Consumer Protection Law.
37. Paragraph 37 of Plaintiff's Complaint is a conclusion of law to which no
responsive pleading is required. By way of further response, it is denied that
Defendants made misrepresentations and engaged in fraudulent or deceptive
conduct.
38. It is denied that Defendants' conduct is a direct and proximate cause of any
damages that Plaimiffmay have incurred. By way of further response, it is denied
that Plaintiffhas suffered any damages.
COUNTERCLAIM
39. The Defendant, Michael Chambers, hereby incorporates by reference Paragraphs
1 through 38 of the Answer as fully set forth herein.
40. Pursuant to Paragraphs 9, 25, 26, and 29 of the Agreement of Sale, Exhibit A of
Plaintiff's Complaint, Plaintiff effectively waived the wood infestation
contingency by requiring Defendants to do wood pest treatment and correct
present cellar wood damage.
41. Pursuant to Paragraph 9 and 29 of the Agreement of Sale, Defendants were to
credit Two Thousand ($2,000) Dollars to Plaintiff at the time of closing for
termite damage.
42. Pursuant to Paragraph 25 of the Agreement of Sale, Plaintiffreleased Defendants
fi.om any and all claims, losses or demands fi.om any damage resulting fi.om the
presence of t¢i-iifites or other wood-boring insects, except what was provided
elsewhere in the Agreement of Sale.
43. Pursuant to Paragraph 26 of the Agreement of Sale, Plaintiffrepresented that he
had inspected the property before signing the Agreement, or waived the fight to,
and agreed to purchase the property in its present condition.
44. Pursuant to Paragraph 3 of the Agreement of Sale, Settlement on the property was
to occur on or before April 30, 2002.
45. To date, Settlement has not occurred.
46. Pursuant to Paragraph 27 of the Agreement of Sale, Defendants are entitled to all
monies paid by Plaintiff should Plaintiffviolate or fail to fulfill and perform any
terms or conditions of the Agreement.
COUNT I - BREACH OF CONTRACT
47. The Defendant, Michael Chambers, hereby incorporates by reference Paragraphs
1 through 46 of the Answer and Counterclaim as fully set forth herein.
48. At all times relevant, Defendants have been and currently are ready and willing to
conduct settlement on the above property.
49. At all times relevant, Plaintiffhas refused to conduct settlement on the above
property.
50. Plaintiffhas breached the Agreement of Sale by not settling on the above property
on or before April 30, 2002.
51. Pursuant to the temps of the Agreement of Sale, Defendants are entitled to the
deposit monies paid by Plaintiff.
52. As a result of Plaintiff's refusal to settle on the above property, Defendants have
and will continue to incur damages, including but not limited to the agreed-upon
purchase price.
WHEREFORE, Defendant respectfully requests this Honorable Court to enter judgment
in favor of Defendants and against Plaintiff in the amount ofTen Thousand ($10,000) Dollars
plus other reasonable costs. In the alternative, Plaintiff requests this Honorable Court to enter
judgment in Equity in favor of the Defendants through specific performance by enforcing the
Agreement of Sale and requiring Plaintiff to proceed with Settlement on the property, under the
terms of the Agreement of Sale.
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire
Attorney I.D. #87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
(717) 232-8525
Attorney for Defendant
EXHIBIT A
IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF
L_vnn K. ~mh~rs ~.
P] ml ntiff
.PENNA.
VERSUS
N O. 99-6904
DECREE 1N
DIVORCE
AND NOW,
DECREED THAT
April 26,
Lynn K. Chambers
2001
AND
Michael E. C~m~mbers
, IT IS ORDERED AND
, PLAI NT~ FF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL'ORDER HAS NOT !
YET BEEN ENTERED:
BY THE COURT:
/s/ J. Wesley Oler, Jr.
A~EST: j.
~ PROTHONOTARY
CERTIFIED COPY ISSUED APRIL 26, 2001
VERIFICATION
I verify that the statements made in this Answer are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C:S. Secl;ion 4904,
relating to unswom falsification to authorities. //~//////~/
'. hambers
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 3ra day of June, 2002, I caused
a true and correct copy of the Answer and Counterclaim to be served upon the following
individual by first class mail by depositing same in the United States, postage prepaid, in
Harrisburg, Pennsylvania.
Douglas K. Marsico, Esq.
Caldwell & Kearns
3631 North Front Street
Harrisburg, PA 17110
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
SHERIFF'S RETURN -
CASE NO: 2002-02203 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HOOVER WENDELL
VS
CHAMBERS MICHAEL E ET AL
REGULAR
BRIAN BkRRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHAMBERS LYNN K the
DEFENDANT , at 1945:00 HOURS, on the 8th day of May
at 201 WEST MAPLEWOOD AVENUE
, 2002
MECHANICSBURG, PA 17055 by handing to
LYNN CH-AMBERS
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and Subscribed to before
me this ~,~ day of
(~ ..... 02~ A.D.
/ Prothonotary
So Answers:
05/09/2002
CALDWELLBy: & KEARN~~~_~
Deputy Sheriff
WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKET NO. 02-2203 Civil Term
.
.
.
: JURY TRIAL DEMANDED
AND NOW this
foregoing Petition, __~'__~/~r~_ ~//~_~~t~_ ,
i,_~~ ~, Esquire and
l~squire are appointed Arbitrators in the above-captioned action as prayed for.
ORDER
~ 2~ay of ~ ~- , 2002, in consideration of the
Esquire,
BY THE COURT:
WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: DOCKET NO. 02-2203 Civil Term
: JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
To the Honorable Judges of Said Court:
Douglas K. Marsico, counsel for the Plaintiffin the above action respectfully requests that:
(1) the above-captioned is at issue;
(2) the claim of Plaintiff in this action is less than $25,000.00
(3)
the following attomeys are interested in the case as counsel or are otherwise
disqualified to sit as Arbitrators: any attorney in the law firm of
CALDWELL & KEARNS and ROBINSON & GERALDO.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three Arbitrators to
whom the case shall be submitted.
Respectfully submitted,
CALDWELL & KEARNS
Dated: ,.5~_..,D.~/~/~ ~%.x
02-246/40125
# 69804
h Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorney for Plaintiff Wendell Hoover
CERTIFICATE OF SERVICE
AND NOW, thi~ day of/~//ff~2002, I hereby certify that I have served a copy of
the within document on the foll'' ~ "owing. by ~[~t~ositing a tree and correct copy of the same in the
U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Michael E. Chambers
Lynn Chambers
201 West Maplewood Avenue
Mechanicsburg, PA 17055
Pro Se
By
CALDWELL & KEARNS
~ea Ann Crider, Paralegal to
Douglas K. Marsico, Esquire
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
wENDELL HOOYER,
plaintiff
VS.
MICHAEL E. cHAMBERS and
LYNN K. cHAMBERS, husband & wife
Defendants
coMMON pLEAS
· IN TItE coURT OcFoUNTY, pENNSYLVANIA
: cUMBERLAND
:: DOCKET NO. 02-2203 Civil Term
:
: jURy TRIAL DEMANDED
:
pLAINTIFF'S ANSWER TO DEFENDANT,-
M~CBAEL E. CHAMBER'S COUNTEgCL~M~
AND NOW comes the Defendant, Wendell Hoover, by and through his attorney, Douglas
K. Marsico, Esquire of CALDWELL & KEARNS, and files this plaintiff's Answer to Defendant,
Michael E. Chamber's Counterclaim, and in support thereof aver the following:
39.
40.
41.
No Answer required.
Denied. The document speaks for itself.
Admitted in part. The document speaks for itself. By way of further Answer, the
Defendant's agreement to credit $2,000.00 to the Plaintiff at the time of closing did not
constitute a waiver of a termite inspection and right to terminate the Agreement of Sale
42.
43.
based upon the results of the same.
Denied. The document speaks for itself.
Denied. The document speaks for itself.
44. Admitted.
45. Admitted.
46. Denied. The document speaks for itself. By way of further answer, the allegation in this
paragraph is a conclusions of law to which no answer is required.
47. No answer required.
48. Denied. After reasonable investigation, the Plaintiff is unable to form a belief as to the
truthfulness of the allegations in this paragraph and therefore, the same are denied.
49. Admitted. The Plaintiff exercised his right to terminate the Agreement of Sale as per the
express terms of the Agreement of Sale.
50. Denied. The allegation in this paragraph is a conclusion of law to which no answer is
required.
51. Denied. The allegation in this paragraph is a conclusion of law to which no answer is
required.
52. Denied. The allegation in this paragraph is a conclusion of law to which no answer is
required.
Dated:
Respectfully submitted,
CALDWELL & KEARNS
~~omeSyK. Marsico, Esquire
ID# 698O4
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
o ~vlalls at Hart' urn, D ..... ,.__ · . . ~ correct copy of the same in
· · lsb_._o, ~cms~y~vanm, postage prepaid, addressed to'
Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
Harrisburg, PA 17110
Attorney for Michael E. Chambers
Lynn Chambers
201 West Maplewood Avenue
Mechanicsburg, PA 17055
Pro Se
02-246/40916
CALDWELL & KEARNS
g to
Douglas K. Marsico, Esquire
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661
WENDELL HOO~R,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS
(AKA Lynn Grant)
defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 02-2203 Civil Term
DEFENDANT LYNN GRANT'S ANSWER TO PLAINTIFF WENDALL
HOOVER'S CLAIM
AND NOW comes defendant Lynn K. Grant, previously known as Lynn K. Chambers,
pro se, to file this ANSWER to the PLAINTIFF' S COMPLAINT, and in support
thereof states as follows:
1. Admitted.
Admitted in part, Denied in Part. Defendants Michael Chambers does reside at
223 S. York Street, Mechanicsburg, PA. It is denied that the defendants are
husband and wife, and that Lynn Chambers' shares the same residence. To the
contrary, Michael and Lynn Chambers are divorced. Lynn Chambers is remarried,
and is now known as Lynn K. Grant. Defendant Lynn K. Grant has not resided at
223 S. York Street since February 2000. Defendant Lynn K. Grant currently
resides at 201 W. Maplewood Avenue, Mechanicsburg, PA.
Admitted. Mr. Hoover agreed to purchase the property known as 223 S. York
Street, Mechanicsburg, PA. Mr. Hoover signed the written Agreement of Sale on
2/13/02.
Admitted in part, Denied in Part. It is admitted that originally there was a clause
handwritten in the Agreement of Sale concerning a wood infestation report. It was
my understanding though, that Mr. Hoover' s negotiation for a lower asking price,
due to both parties acknowlegement of the wood damage, cancelled this clause.
5, Admitted in part. It is agreed that wood inspection was ordered by the plaintiff.
But I disagree that it was handled in a timely manner.
6. Admitted.
2
Admitted in part, Denied in part. Plaintiff did exercise his right to obtain a
structural damage report. However, Plaintiff waived his right to any property
inspections on Paragraph 8 of the Sales Agreement.
8. Admitted.
9. No answer required.
10. No answer required.
11. Admitted in part. Denied in part. Defendant Lynn K. Grant originally, along with
Michael Chambers refused to return Plaintiffs' deposit. However, Defendant Lynn K.
Grant, after realizing the complexity and duration of this legal issue, sought legal
advice from Attorney John Beinhaur as how to release the plaintiff's deposit. Attorney
Beinhaur advised that both defendants' signatures of release were needed. However,
Defendant Michael Chambers will not release the Plaintiff's deposit.
12. Admitted in part, Denied in part. The true amount of monies held is $10,000.00. It
is currently being held in an interest- bearing account, set up by Jack Gaughen. It is
denied however, that this money is being wrongfully withheld, while this legal issue is
pending.
13. Admitted.
14.
15.
Admitted in Part, Denied in Part. Initially, at the time the disclosure was signed,
on January 1, 2001, there had been no temfite reports or treatment to the property,
within the last 5 years. Defendant was unaware of"new" damage to the property
that hadn't already been there, and to newly active termites. Defendant had
knowledge of previous damage and previous treatment, as that was the state of the
home when purchased in 1993. After further damage and active termites were
found, by Amerispec, it was agreed by both Defendants and Paul Hoffman to
change the Disclosure to reflect this.
Admitted in part, Denied in part. It is acknowledged that Amerispec Pest Control
inspected the property. Defendant cannot confirm if the damage found was
considered extensive.
16.
17.
Admitted.
Admitted in Part, Denied in Part. Initially, at the time the disclosure was signed,
on January 1,2001, there had been no teinfite reports or treatment to the property,
within the last 5 years. Again, as noted in Paragraph 14, Defendant was unaware
2
of"new" damage to the property that hadn't already been there, and to newly
active termites. Defendant had knowledge of previous damage and previous
treatment, as that was the state of the home when purchased in 1993. Many years
before the 5-year period requested. Again, after further damage and active temfites
were found, by Amerispec, it was agreed by both Defendants and Paul Hoffman to
change the Disclosure to reflect this.
18.
Denied. All defects known to the defendants at the time of signing the Disclosure
were acknowledged. The property in question is approximately 125 years old.
Defendants had no knowledge that the floor joists and wood supports were
considered defective. Defendants were under the assumption that this was a rustic
characteristic of all homes built in that era.
COUNT I-
BREACH OF CONTRACT
19. No answer required.
20. No answer required.
21. No answer required.
22. No answer required.
COUNT II-
FRAUDULENT NEGLIGENT MISREPRESENTATION
23. No answer required.
24. Admitted in part, Denied in part. By the time Plaintiff Hoover had the Disclosure
in his possession, the temfite damage was known, and the disclosure was corrected
to disclose this. However, when the disclosure was originally signed by the
Defendants, the current damage and active termite infestation was unknown.
25.
Admitted. Paul Hoffman was directed to change the original disclosure to reflect
the new problems found with the inspection. He did follow through on this,
noting the changes with his initials and notating that there were termites and they
were to be treated.
26. Denied. All items known to be defects the defendants were disclosed.
27. That can't be answered. It is unknown what the Plaintiff relied on to make the
decision to buy this house.
28. Denied. Defendants never knowingly, intentionally or wantonly supplied false, or
incomplete information on the disclosure. Defendants wanted all defects known,
as that is what the law requires.
29. Denied. Information was disclosed. All information concerning termite damage
was known to the Plaintiff at signing.
30.
Denied. Defendants did not misrepresent the condition of the property.
Defendants had no intention of deceiving anyone, especially the Plaintiff.
Defendants did not deceive the Plaintiff with the intent to induce the Plaintiff to
purchase the real estate for the purchase price set forth in the Agreement of sale.
Property was priced below assessed value as a fixer-upper, due to disclosed
defects and the ternfite condition.
31.
Denied. There were no known misrepresentations by the Defendants. The
defendants cannot really truly know why the Plaintiff entered into an agreement of
sale. One would digress that Plaintiff thought it was a good deal.
32.
Denied in part, Agreed in Part. It is denied that the Defendants misrepresented the
property to the Plaintiff. It is denied that the Plaintiff has incurred a diminution of
property and cost and repairs. Plaintiff failed to attend final settlement of the
property. It is agreed however that for now, until this case is mediated, the
Plaintiff does not have the $10,000.00 deposit in his possession.
COUNT III-
UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
33.
34.
35.
No answer required.
Can't be answered. Defendant Lynn Grant assumed that Paul Hoffman's
corrections to the disclosure were sufficient in disclosing the problems found after
the original disclosure signing. Paul Hoffman never indicated that a new
disclosure should have been written up.
Denied. Defendants do not have access to the deposit, as Jack Gaughen, is
holding it in escrow, pending the outcome of the arbitration meeting. Once would
assume that if this was truly unfair or deceptive, that Jack Gaughen would not be
holding this money.
4
5
36. Admitted in Part, denied in part. It is admitted that anyone, including the
Defendants, or even the Plaintiff; could be subject to the requirements of Unfair
Trade Practices and Consumer Protection law. It is denied however, that
defendants violated these laws.
37.
38.
Denied. Defendams did not engage in unfair or deceptive practices by making
misrepresentations and engaging in fraudulem or deceptive conduct,. There was
no confusion on the Defendam's part about the quality and condition of the
property. Further more, it was the Plaintiff who is guilty of creating confusion and
misunderstanding, by his attempts to breach the contract.
Denied. Defendam's conduct was the end result of the Plaimiff reneging on a
signed agreemem of sale. Plaintiff could not of suffered any damages concerning
diminution of property, cost of repair and other consequemial damages, as he did
not incur any.
COUNTERCLAIM
39.
40.
41.
42.
Defendant Lynn Gram incorporates by reference Paragraphs 1 through 38 of the
Answer fully set forth herein.
It was presented to Defendant Lynn Grant that Plaintiff waived the wood
infestation contingency by requiring Defendants to do pest treatment and correct
the presem wood damage in basement. It is also marked on the Agreemem of sale,
in paragraph 9, 25, 26, and 29.
As negotiated by Plaimiff, and then accepted by way of Plaintiff initialing
Paragraph 9, the Defendams were to credit the Plaintiff $2,000.00 for the temfite
damage.
As negotiated by Plaimiff, in Paragraph 29, Ternfites were to be treated prior to
settlemem. As per the Plaintiff's demand, temfites were treated the end of
February 2002, by Bowers Pest Control. Plaintiff did not order home inspection
after treatmem, as was his stipulation.
43.
Plaimiff released sellers from all further damages and claims, as stated in
Paragraph 25 of the Agreemem of Sale. This includes damage resulting from the
presence of termites or other wood boring insects,...etc.
44.
Plaintiff represented that he inspected the property before signing the agreement,
Paragraph 26 of Agreement of Sale, or waived his rights to, and agreed to
purchase the property in its present condition. (Paragraph 8)
45. Pursuant to the terms of the Agreement of Sale, Defendants are entitled to the
deposit monies paid by the Plaintiff.
46.
Plaintiff has refused to settle on the property, thus a breach of contract.
Defendants have incurred damages from the loss of the agreed-upon purchase
price, and a chance of selling the home to someone else.
6
WHEREFORE, Defendant Lynn Grant respectfully requests this Honorable Court to
find that she did nothing to fraud or deceive the Plaintiff. Defendant Lynn K. Grant
requests judgement in favor of the Defendants and against the Plaintiff, for the amount
of Ten Thousand Dollars ($10,000.00).
FURTHERMORE, Defendant Lynn K. Grant requests that if Plaintiff is obligated to
settle on property, that it be done within 45 days of this judgement. If Plaintiff is not
required to settle, Defendant requests that the Court orders Jack Gaughen Real Estate
Inc. to release the property listing and contract, with no contingencies, to be put up for
re-sale with another realtor immediately.
DATE:
Respectfully submitted,
Lynn I~. Grant, Pro Se
a.k.a Lynn K. Chambers
201 W. Maplewood Avenue
Mechanicsburg, PA 17055
717-691-8507
.)
)
)
)
)
In The Court of Common Pleas of
C,~herland County, Pennsylvania
,
We do solemnly swear (or affirm) chat we will support, obey and defend
the Constitution of the United States and the Cons~tuEion ,if Mis Common-
the u~dersigned arbitrators, having been duly appointed and sworn
(or affirmed), make ~he following award:
(Note: If d*mmges for delay are awarded, they shall be
separately stated.) .
applicable · )
NOTIC~ OF
Now, the o~ day of ~
award wam entered upon ~he docket and
parties or their attorneys.
Arbitrators' compemaation to be
paid upon appeal:
WENDELL HOOVER,
Plaintiff
VS.
MICHAEL E. CHAMBERS and
LYNN K. CHAMBERS, husband & wife
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: DOCKET NO. 02-2203 Civil Term
;
.
: JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
To the Prothonotary of Said Court:
Kindly mark the above-captioned matter settled and discontinued with prejudice.
Respectfully submitted,
Dated:
02-246/48128
CALDWELL & KEARNS
· sico, Esquire
AttOrney ID#69804
3631 North Front Street
Harrisburg, PA 17110-1533
(717) 232-7661
Attorneys for Plaintiff, Wendell Hoover
_CERTIFICATE OF SERVICE
AND NOW, this {~'~ day of November, 2002, I hereby certify that I have served a copy
of the within document on the following by depositing a tree and correct copy of the same in the U.S.
Mails at Hamsburg, Pennsylvania, postage prepaid, addressed to:
Lynn Chambers
201 West Maplewood Avenue
Mechanicsburg, PA 17055
Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
PO Box 5320
Harrisburg, PA 17110
CALDWELL & KEARNS
By: ~