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HomeMy WebLinkAbout06-5599F:\FII.ES\DATAFII.E\General\Current\ 11686.2.com 1 Created: 10/17100 10:08:38 AM Revised: 09/21/06 0252:36 PM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORMAN E. HUTCHISON and CONSTANCE M. HUTCHISON Plaintiffs V. TONY L. NICKLE, SR., MELINDA K. NICKLE, and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DCo S 7 Cam""' CIVIL ACTION-LAW DAUNE E. WERT d/b/a D.E.W. & SONS : Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NORMAN E. HUTCHISON and IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. OG ° -j599 CIVIL ACTION-LAW TONY L. NICKLE, SR., MELINDA K. NICKLE, and DAUNE E. WERT d/b/a D.E.W. & SONS Defendants COMPLAINT AND NOW, come the Plaintiffs, by their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. The Plaintiffs, Norman E. and Constance M. Hutchison, husband and wife, are adult individuals residing at 644 Baltimore Pike, Gardeners, Pennsylvania (herein, "Plaintiffs") 2. Defendants Tony and MelindaNickle, husband and wife, are adult individuals residing at 477 N. Middle Road, Newville, Pennsylvania (herein, "Defendants Nickle"). 3. Defendant Duane E. Wert d/b/a D.E.W. & Sons is an adult individual doing business at 414 Roxbury Road, Newville, Pennsylvania (herein, "Defendant Wert"). 4. On or about July 1, 2005, Plaintiffs and Defendants Nickle entered into an Agreement of sale for the purchase of 644 Baltimore Pike, Gardners, Pennsylvania (herein the "Property") for $99,000.00. A true and correct copy of the Agreement is attached hereto as Exhibit "A." 5. Defendants Nickle were the owners of the Property at that time. 6. On or about July 1, 2005, Defendants Nickle provided to Plaintiffs a fully executed Seller's Property Disclosure Statement referencing the Property and dated May 31, 2005. A true and correct copy of the Disclosure Statement is attached hereto as Exhibit "B." 7. The Disclosure Statement states in Paragraph 9(g) titled, Sewage System, that Defendants Nickle were not aware of any past or present leaks, backups, or other problems relating to the sewage system and related items. 8. The individual on-lot sewage disposal system located on the Property consists of a septic tank and drain field. 9. On or about July 7, 2005, upon Plaintiffs request, Defendant Wert was hired by Plaintiffs to perform, among other things, a septic inspection on the Property. 10. On that same date, Defendant Wert performed said inspection of the septic system. A true and correct copy of the Inspection Report is attached hereto as Exhibit "C." 11. Defendant Wert stated in the inspection that the septic system was in "Good working order." 12. In addition to the inspection, Defendant Wert pumped the tank. 13. According to the Disclosure Statement, Defendants Nickle last had the septic tank pumped in February of 2005, only five months prior to the inspection by Defendant Wert. 14. On or about July 22, 2005, Plaintiffs and Defendants Nickle conducted a real estate transaction for the sale and purchase of Property where Plaintiffs were conveyed title to the Property. 15. After the purchase of the Property by Plaintiffs, the septic system consistently gave them problems, which consisted of, but was not limited to, frequent pumping of the septic tank. 16. At all relevant times hereto, Defendants Nickle represented that there were no problems with the septic tank on the Property. 17. At all relevant times hereto, Plaintiffs relied on the representations of the Defendants in that there were no problems with the septic tank and that the septic tank was in good working condition. 18. The faulty septic system is a material defect. COUNT I - PLAINTIFFS v. DEFENDANTS NICKLE MISREPRESENTATION AND FRAUD 19. The averments of paragraphs 1 through 18 are hereby incorporated by reference. 20. Defendants Nickle, by their acts, omissions and silence, acted in a consistent manner reasonably calculated to misrepresent their knowledge of the failing septic system and other characteristics of the septic system purchased by the Plaintiffs through the sale of the Property. 21. Defendants Nickle misrepresented the fact that the septic system did not properly function resulting in excessive pumping. 22. The Plaintiffs reasonably and justifiably relied on these representations, both orally and written, including the representations made in the Disclosure Statement. 23. As a direct and proximate result of the Plaintiffs' reliance on the misrepresentations of the Defendants Nickle, the Plaintiffs entered into a transaction and purchased the property that contained a septic system that did not properly function. 24. Defendants Nickle acted fraudulently and deceitfully towards Plaintiffs in that they: (a) Affirmatively misrepresented the characteristics of the septic system by failing to disclose material facts concerning the septic systems' true condition; (b) Knew or should have known that they had a duty to disclose any material facts regarding the Property in question, including the septic system; (c) Knew or should have known that their misrepresentations and failure to disclose other material facts would induce the Plaintiffs to reasonably and justifiably rely on those representations; and (d) Sold and conveyed the Property to Plaintiffs for $99,000.00, including tax and expenses, when they knew or should have known that the septic system on the Property did not properly function. 25. The fact that the septic system did not properly function was a material misrepresentation. 26. As a direct and proximate result of Defendants Nickle's fraudulent acts, omissions, misrepresentations and silence, the Plaintiffs have sustained damages in excess of $9,213.00. Please see invoice attached hereto as Exhibit "D." 27. As a direct and proximate result of Defendants Nickle's wilful, malicious, wanton, reckless and outrageous conduct, the Plaintiffs are entitled to punitive damages against Defendants Nickle. 28. But for the misrepresentation, Plaintiffs would not have purchased the Property. WHEREFORE, Plaintiffs demand j udgment against Defendants Nickle in the amount within the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. COUNT II - PLAINTIFFS v. DEFENDANTS NICKLE VIOLATION OF REAL ESTATE SELLER'S DISCLOSURE LAW 29. The averments in paragraphs 1 through 28 are hereby incorporated by reference. 30. By failing to accurately complete the Disclosure Statement based on actual knowledge, Defendants Nickle violated the Real Estate Seller's Disclosure Law. 31. By failing to accurately complete the Disclosure Statement based on information Defendants Nickle should have known, Defendants Nickle violated the Real Estate Seller's Disclosure Law. 32. Defendants Nickle made statements regarding the condition of the septic system that they knew or had reason to know were false, deceptive and misleading and failed to disclose a material defect that the septic system did not properly function. 33. WHEREFORE, Plaintiffs demand judgment against Defendants Nickle in the amount within the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. COUNT III - PLAINTIFFS v. DEFENDANTS NICKLE BREACH OF CONTRACT 34. The averments in paragraphs 1 through 33 are hereby incorporated by reference. 35. The Disclosure Statement represents, among other things, the condition ofthe Property and was executed by Defendants Nickle. 36. Defendants Nickle entered into the Agreement of Sale with Plaintiffs to purchase the Property free from material defects. 37. By failing to disclose said defects in the septic system and misrepresenting the conditon of the septic system, Defendant Nickle breached the Agreement. 38. WHEREFORE, Plaintiffs demand judgment against Defendants Nickle in the amount within the compulsory arbitration limits, plus interest, costs, punitive damages, attorney's fees. COUNT IV - PLAINTIFFS v. DEFENDANT WERT PROFESSIONAL NEGLIGENCE 39. The averments in paragraphs 1 through 38 are hereby incorporated by reference. 40. Defendant Wert is a professional who operates a Septic Service, which, among other things, inspects septic systems. 41. Defendant Wert inspected the septic system on the Property on or about July 7, 2005, and reported that it was in good working order. 42. Defendant Wert's failure to perform a proper inspection of the septic system resulted in damages to Plaintiffs. 43. Defendant Wert had a duty to perform a proper inspection of the septic system. 44. Defendant Wert breached his duty when he failed to properly inspect the septic system. 45. Plaintiffs relied on Defendant Wert's skill and knowledge to inspect the septic system. 46. WHEREFORE, Plaintiffs demand judgment against Defendant Wert in the amount within the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. MARTSON DEARDORFF WILLIAMS & OTTO By LI1674-4 '?; - Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: 9.- 21,0(P EXHIBIT A JUL-05-2005(TUE) 12:19 DRWN AND ASSOCIATES REALTY (FRX)717 258 8877 P 009/011 WNDARD AGREEMENT-FOR-THE SALE OF -"SAL ESTATE A/S-2K This It. mrsdial mvl , ppruvetl Cur, but gut restricted to um by, the mcnlbCn of the Nbasyl- miu6un ul' KEA1,1UR.tis (PAR). I:LL I B SL)7 'S RFI A71O SHIP 171 Y CF.NMF.D BROKER BROKER( many) 0n I St'J' _ _ I PHONE AIN]RI:SS FAX BROKER IS TIIE AGENT FOR SELLER Designated Agent(s) for Seller, if applicable: OR Broker ire NOT the Agent for Seller and is a/1ut: ? AC,F.NT FOR RUYER ? TRANSACTION I.ICFNSF.F. ?x 1?[)YFR'S U ESS REL 'L'IONS W7 PA LICENSED BROlUs` BROKER n any) ' ?t:.S l'I1UNF AUUR :s,, _t _ FAX BROKER S THE AGENT FOR BUYIs 11"gnated Agent(s), for Buyer, if applicable: 172: OR Broker is NOT the Agent for Buyer and is alas: ? ACENT FOR SKI.t.Fk ? SUBAGENT FOR SELLER O TItA'NSACI'ION LICENSEE When the s;une Broker Is Agent fur Scher and Agent for Buyer. Broker in u Dual Agent. All of Broker's lleensees are ah:n Dual Agents UNlY S then am separate Desigrwlctl Agents for Buyer and Seller. If the same Licence is desigoated for Seller and Buyer, the LiLensee N a Dual Agent. 3 4 5 S 7 e 9 10 i1 12 13 74 is 16 17 U it 20 22 2a 24 2s 26 27 20 20 a0 31 3z 33 34 35 X 37 36 38 40 41 42 43 a4 45 46 a 46 45 So 51 52 S3 54 ss 56 57 58 so 1. Ql$ ftee ttenf, dated `7 1 -O ? , Is between SELLFR(S) nr,,? ??, Called "Seller;" and RIR'ER(S)- O f ra ......?rSLZ''? called "Buyer." 2 PROPERTY (1-98) Seller hereby agrees to sell and convey 41 Boyer, who hereby agrecrt to purchase; ttLI'TTIAWERTAIN lot or piece or Froun ith buildings and im vem to them en if any, known as _ In the ?y . ry s? rt7 or , County of _ in the Cummunwrtltb of 1'ennsylvanda, 7.ip Cate / -7U.-T?r Identification (e.g., Tax ID R; Parcel Ii; Lot, Block; Deed Behr, Pugc, Recording Date) 3. TERMS (]- (A) Purchase se sc Price \41 r. vcrv US. Dollars which will be paid to Softer by Buyer as follows. 1. Cash or check at signing this Agreement: $ ( Q 2- Cash or check within - days of the execution of this Agreement: $ '- $ 4. Cash. cashier's or certified check at time of settlement $ (x? TOTAL $ (B) Deposits paid on aeamnt. or purchase price to be held by Broker for Sclicr, unless otherwise stated here: i 2 4 5 8 6 3 18 n l2 13 14 is 16 17 Ill Is 20 2t 22 23 24 25 16 27 26 20 30 m 32 33 34 35 36 37 36 39 40 41 42 43 44 45 46 47 48 49 SG st 52 53 S4 55 56 57 W 53 (C) Seller's written approval to be on of heF- rc?' d (D) Settlement to be an •" 1 I'oL ^G7 S' , or before if Auycr and Scher agree. (E) Conveyance from Sellcr will be by fee sitnple decd of special warrauty unless uthctwisc stated here: W) Puymenl of transfcr razes will he divided equally between Buyer and Sc)!cr unless otherwise stated here: (G) At time of settlement, the following will be adjusted pro-rutu m a daily basis lietween Buyer and Scher, reimbursing where applicable: taxes (ace information Regarding Tax Proration): rents; interest on mortgage assumptions; wmdtnninium foes and himoahwnc[ association fees, if any; water and/or sewer fees, if any, together wide any other licnabie municipal lieicc. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the dale of settlement; Buyer will pay for all days following stxtlcmcnL unless udtctwise bWicd beet 4. FiXTUM & PERSONAL PROPEWY (1-00) (A) INCLUDED in this salt tend purchase price arc all existing items pcrinancndy installed in the Property, free of liens, including plumbing; heating; lighting fixtures (including chandeliers and ceiling fans); water treaunent syntems; pool and spa equipment; garage door upeners and transmitters; television unhmnas; shrubbery, plantings and unpotted trees; any rcriadning heating and cooking fuels ,hired on the Pmperty at the done of settlement, wall to wall carpeling; window cove 'ng 1 urdwarc, shades and blind btlilt-in air conditioners; built-in appliances: and the rranSq/ovcn unless otherwixe star I Also included* 01 r 4- (B) LEASED items (nut owned by Seller): (C) EXCLUDED fixtures and items: S. DATFE IS OF TIFF FSSENCE (1.02) (A) The said dote for settlement and all other dates and times relierred to for the perl'om,unee or any of the obligations of this Agreement are agreed to be of the essence of this Agreement and are binding. (B) For the purposes of this Agreement, number of days will be counlcd from ate date of execution, by excluding the day this Agreement was executed and including the last day of the time period. (C) The date of settlenoeet is not extended by any other provision of dhia Agreement and may only be extended by mutual written agreement of the parties. (D) Certain time periods are pre-prinicd in this Agreement av u convenience to the fluycr ;md Seller. Any pre-printed time periods are negotiable and may be changed by striking out the pre-printed text and insetting u different time period urn epwhlc to all panties. Royer Initials: CA '" - N? A/S-2K Page 1 nrR 9utcr Inltlala•`t L14 Posplrsylrs.pF>? AasocfatloR of COPYRIt'HIT I'MNSYLVANiAAW W.IATION Of MAMUILSO 2142 REALTORS' 01/03 MNf- IY?IM1. A.Fy 4YY??,.w.1,1?, JUL-OS-2005(TUE) 12:20 DAWN AND ASSOCIATES REALTY (FAX)717 258 8677 P.OOS/Old w o. MURIUAta: ct• GLNCY (1-02) s0 tit 61 ? WAIVED. Ti is NOT amtingmt on mortgage financing. 63 64 (A) This sale is contingent upon Buyer o 1 'ng mortg financing us fullows: - Amount of mortgage 1 . v 6' 6S 2. Minimum Term years /1 ?t?K? ? ' ee 66 07 type of mort age- 3, 4. inicrest rat; ch: however, Buyer a to accept the Interest rate as eruy he committed by the mortgage tender, not m 67 La es ,xcred a nn iximum interest rate of 5: Discount points, loan urikimatiun, loan pheccmcat and other fees charged. by the Icndcr as a percentage of the nairtgage hem (excluding 66 e4 73 uny morit agc insurance premiums orYA funding fce) not to exceed , oo (f)To if not sliccificd) of the mortgage loan, 70 71 The interest rite and fees provisions required by Buyer ure'htninficd if a mortgage lender makes uvuilahlc to Buyer the right to guuruntre an ii 72 interest rate at or hdnw the Maximum Interest Rate cpur:iried herein with the percentage tieec at or below the amount specified herein. Buyer 72 n gives Seller the rigla, ut Scllcr'x sole option and as permitted by the mortgage tender and applicable luww, u,'contribute financially, without '3 74 promise of reimbursement, to the Ruyer:mdlor the mortgage lender u, make the above tcmis available w.Buyer. 71r 75 (B) Within _ DAYS (11.1 days if not specfied) of the execution of this Agreenicnq Buyer will matte a completed, written mnrtgaCC application 75 76 for the mortgage terms specified above to a responsihlc mortgage leader. The Bolter Fier Buyer, it any,•otherwlee die Bndwr for Settee, is 76 1ri the purposes or assisting io the morrtge loan peoeesa en authorized to communicate uith the mortgage l deer' 'S le _ 1 (C) .1. Mortgage commitment-date 1? : - tf n initeen cotnntiuneut it nnt,cccived by Sellerby the aMrvc datc, Boyer 72 7s and Seller agree to extend flit mortgage commaltmenfdutc until Mer tterminaten-this Agreement in writing by notice at Buyer. a so 2 CIn1n receipt of a mortgage anmnitment Buyer will promptly deliver u copy of tlhccommitment to Seller. Be at 3. Seller has the option to terminate this Ahmxment,io writing, after the morf6uge cu,nmimment date if the nmrtgugc cummitracnt: 61 s2 a. Is nut vulid until the date of settlement, OR 9a 93 b. is conditioned upon the side and settlement or any other property, OR ro at c. Contains any otter aindition not specified in thin Agree ment that is not satisfied and/or removed in writing, by ore rnoripgc Icndcr 04 as within 7 DAYS after the mortT.W con mifiient date in paragraph 6 (C) (1): 35 00 4. If this AI, c mcni is terminated as specified in parugmphs 6 (C) (1) or (3), eirthe mortgage lomi is not obtained fur sculcmcat; all depositthhonies tw 07 paid on account of purchase price will be returned to Buyer. Royer will tie respatimble for any premiums for nie chanien lien insurance and/or o7 tie title search, or fee for avtocellaliun of same. it airy: AND/OR any premiums for flood ituummw 1ninc subsidence insurance andlor fire incur- ' 00 n once with extended Leverage, ar vathctllittion fee, it any,, ANDIOR arty appraisal fees mid clutrgcs paid in advance to die mirigagc lender. • in go (D) If die moripge tender requires repairs to the Property, Buyer will, upon mccipt, deliver a copy of the mortgage lender's requiremenu to Seller, 9o a, Seller will,,within 'S - DAYS of remiptof nhc,morigage lender's requirements, notify.Buyer wlwdw:r', Ilcr will make the re quind repairs 01 92 at:Kil;I3expetlwe ' 92 93 1, If Seller chooses to make the required repair:, Buyer will accept the Properly and agree to the RUMASS set forth in paragraph 25 of this 9a 94 - Agreement. 94 as 2. ff ScUcr ellaoaetf not tit nubkc tbc,roquire:d repaiN iw Y Setter fait to respond within the dw,given, Buyer wilL within -,5 DAYS, 95 26 notify Sclicr in-writing of Buyer's choice to terminde this Agreement OR make the rvxLts* repairs at it cr's tatpmseatid with-Srlkrk- oa aT pent sltml Whrch wilt not Fe uorcusonabfy'witbfeld., if, Seller. denies Buyer permi6aion unmake the required repairs; floyer may, within 07 90 _ , DAYS of Seller's denial. terminate thin. Agreement, in which case ill deposit monies paid ran account of-purelit a price, will be 1a 99 nKnmed promptly to Buyer and this Agreement will be VOID. 99 100 (E) •SellerAssisl ta0 101 ? NOTAPPLTCABI.E lei m02 tan APIU 1.F.. Se wtli pay: -.,. ,- :. - .. $ nuixintutr; towlnd'Buyer's costs as pcimincd by tie mortimge Icndcr. ' 102 103 104 q 104 - toa 1''HANA, INAPPLICABLE 1051 106 (14) It is expressly agreed that notwithstanding any utter provisions of this coiibut , Buyer will not he obligated to complete the purchase of to has 1e7 Property dvicribed herein or h/ incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has heett given, in acair- t07 lee dance with HUL)/FHA or VA requircincus, a Whitten statement by die Fe decal Housing Commissioner, Veterans Adrninintmtitm, er a Direct too 109 Endarsentent Lcnder setting forth the apprised value of the Ftopcrty of nut less than $ (the dollar amount to be lea too inserted is the wie: price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the cou- 110 Ill tract without regard to die Amount of the appraised valuation. The appraised valuation is arrivo d at to determine the maximum mortg%'e the, tit 112 Department or Housing and Urban Development will insure. HUD does not wanind the value nor the condition of the property. Buyer should N2 113 wttisfy hltn.Setf/1terN- if that the price mid condition of the Property Nrc acceptable. 119 114. Warning: Section 1010 or 'Citle 18, U.S.C., Department of Housing and Urhun Tkeelopniett and Faicrii Housing Administration 114 its Tmuseciions, provides, "Whoemr for the purpose of ... influencing in any way the actiontof such department, makes, passes, utters or pub- 115. lie lashes any Ntalcmcat knowing the stone to be I'idNe ... shall be tined under this title or imprisoned not more than two years, or hmth." .a its 117 (G) U.S. Department of Housing and Urban Developmcat (HUD) NOTTCF, TO PURCHASERS: Buyer x AcknowiedRenacut 117 rte ? Buyer has received the I-MM Notice "Fur Your Protection: Get a Home: inspection" (see Notices and information an Property Condition Ira i to hispectiom). Buyer umlerhtands the impomatiLe or getting an inrlepermdent home inspection and has thnughl. about this beforesigning this 110 123 Agreement. Buyer understands that FHA will cox perform a bonie inspection nor guartintee the price or condition of die property. 120 '.21 Buyer s Initials _ Date 121 1222 (IT) Cerilific Lion We the undersigned, Seller(s) aad Buycr(+,) party to this trunwction each certify that the terms of ibis contract for purchase ate 122 173 inic to the best of our knnwledge and belief, and that any other agreement entered into by any of thenc patties in connection with this truism- 123 124 ton ih uuaehcd to this Agreement. 124 123 7. 1NSPEC IONS (1.02) 125 1:6 (A) Seller agrees to permit inspections by autmri2,cd appraisers, reputable certifiers, insurer's represenuidvcs, surveyor, municipal otTicials tmdlor 125 127 Buyer us nwy be required by the mortgage lender, if any, or insuring agencies. Seller further agreeh us permit any utter inspections required by 127 Ise or provided for in the teens of this Agreement Buyer has the right to attend all inspections. 120 129 (B) Buyer reserves the right to make u pre-settlement walk-through inepex:tion of the Pniperty. Buyer's right its make this inspection is not waived 129 130 by any other provision of this Agreement 132 131 (C) Seller will have heating and all utilities (including feel(s)) on for due inspections. 131 132 (D) All inspectors, including home inspecum, arc authorized by Buyer to provide a copy of any reports to Broker for Buyer. 132 173 $ PROPERTY INSPECTION CONTINGENCY (7-04) in 134 Other provisions of this Agreement may provide for inspections and/or certification that me not waivesd nr altered by Buyer's election here. 134 135 Q WAIVED. Buyer understands that Buyer has the option to requcxt inspections of rite Property (set Property Tnspection Notices and 13s 136 Environmenwl Notices). BUYER WAIVES 7I.17S OPTION and agrees to the RELL•ASE set forth in puragraph 75 of this Agecment. 136 137 ELECTED 137 132 (A Within DAYS (15 days if not specified) of the execution of this Agrtxmmit. Buyer at Buyer's expense, may ch oo,4 to have inspa: 133 130 tionN and/or certifications completed by licensed or otherwise qualified pndessionals (see Property Inspection Notices and Environmental 130 140 Notices). This contingency clog not apply it) the following existing conditions undlor items: 140 141 141 142 (B) Should Buyer elect to have a flume inspection of the Property, as defined in the Pennsylvania Home Inspection Law. (sme Information Refprding 142 143 the Home Inspection Taw) such home inspection dull he performed by u full member in gexxl rending of a national home inspection assoei- 143 144 ation, or by a person supervised by a Atli tiember of a national home inspection asstx7ution, in accoalmice with the ethical sl ndards and code 144 145 f that association, a licensed or rebriucrcd profa,siunul engineer, or u licensed or registered urchinect. of conduct or prihcticc o 145 146 a Buyer inltlals: Ak ,tf -- A/S-2K Page 2 or$ Seller Idtinls:-n? 140 JUL-05-2005(TUE) 12:20 DAWN AND ASSOCIATES REALTY (FRX)717 258 8877 P.006/011 14; / l 11 lsuycr is out ?d with tide condition of the Property, as- stated is saty wriuenrepon, Buv- will: 14i 149 Option 1. Wit time given for completing Ittepeetionst in 149 1. Acccpt'thc lloperty with die information stated in die Tvpnrl(s) and agcc to the RELEA., . forth in paragraph' 25 of this Agreement, OR 149 150 2. llerminmc this Agreement in writing by notice to Seller, in which cuse all deposit monies paid on'account of purchase- price will be returned 150 151 promptly to Buyer and this Agreement will be VOID, OR 151 152 3. Enter init, a mutually ucecprahle written agreement with Seller providing for any tepuirs or improvements in the Prnpcrry and/or any credit In 153 to Buyer at settlement, as iu:1y be acceptable to the mortgage lender, if any. hs3 154 Should efforts to m-ich amotuilly acceptable agreement fail; Buyer must chot It, accept the Property or termimtte this Agreement within 154 156 the time given rur ompleting lnspectimts and according to the. provisions in parugWh BIC) (Option. 1) 1 and 2 155 155 © Option 2. Within the dole given for completing hupectinns: 156 157 1. Accept the Property with the information stated in the report(s) and a(,mx In the RFT-FARE, vet forth in paragraph 25 of this Agreement. 157 156 UNI.FSS the tonal cost to cornet the conditions contained in the report(s) Winore than S t66 159 2. If the total cost lo correct the conditions contained in die report(s) EXCEEDS the amount epceiflctl in pin, graph '8(C) (Option 2) 1, 159 196 Buyer will deliver the rclnrrt(s) W Seller within the time given for Inspection. 107 161 a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing err Seller's choice ov 151 162 (1) Make repairs before seulcrocrn su that the remaining cost to repair conditions contained. in theyquo(s) is less than or cyu;d to In 163 the amount spccitied in paragraph R (C) (Option 2). I. 1c3 164 (2) Credit buyer at settlement for the dill'erence between the estimated cost of repairing die conditions committed in the rep rt(s) 164 166 . •.. _and the umount specified in paragraph 8 (C) (Option 2) I.This option must be acceptable to the mortgage lender ifany. 165 166 .(3) Not make repairs and not credit ffnycr at settlement for ally cusui to repair Wndilions contained in the report(s). lea 167 b. If Seller chooses to-utake. repuin ur credit Buyer at settlement as specified in paragraph -8 (C) (Option 2) 2, Buyer' will accept the 167 tall ' ' - Property. and agme,to the RELEASE set forth in pivugritph 25 of thi,.Agrcement. - 160 159 c. If Seller chisiscs not to make repairs and not to credit Buyer al settemenl, or if Seller. fails to choose any option within the time 169 IM given, Buyer will, within ^,5?" DAYS': ? .... 179 Ill ' „(1) Accept tile. Property with the information stated in the report(s) and agree. to the RFi PASF-sd Uanh in paragraph 25 of ti's 171 172 AgrectacaL OR 17: 173 , , (2) 'Pcrtninatc This Agreement in writing lay notice io S611Ct, in which 6ica11 deposit monies paid rnr acCnunt orpurchase price will era rte he returned priitnpily to Buyer and this Agreement will be VOID, .. - - _ . t±s i75 9. WOOD INFESTATION iNSllT-CTfON COMINGENCY (1-02j ... .. „ . . ..... ' - 175 176 ? WAIVED. Buyer understands- taut Buyer has the option to request that the Property he inspected ((it wextd idestation bye certified Pest Control In 177 Operator, 1311YER WAIVES T US OPTION and ag7ces to the RELEASE set forth in paragraph 25 of this Agreement. ,r 179 Gi,FCPED 179 179 ( ) Within DAYS (15 days i1' nut spettif,ed) or the cxccution of this ASreemenL Buyer, ut Buyers expense, will obtain a written "Wood- 179 196 Destroying insect Snfcstation inspection. Report" Ruin a certified Pest Control. Operator and will deliver it and all supporting documents and . , too tit drawl ti provided by the Pest Cantrol Operator to Seller. Tile report is tii ir? made satisfactory to and in campliall6e with npplicahle laws, mort- let to gage lenders, and/or raderal insuring,and„Gtiiuwitecing Agency regaiii> rirrna, if'.uny.-Theinspection- will 11146de.all reialily visible ;red. . let 163 .;.. ;teecssiblc aroas of all structures on the Properly eirccpt the following structu A, which will not be inspected: 163 16+1 - 164 195 .(B) If tie iuspectilM.revcals,cvidcncc of active infestation(s), Seller agrees, at Seller's expense and before sentemcni, to treat for active inform- 195 16s tion(s) to at:conhuiee,wilh uppliuablt,liaws. .. 166 167 , . ?., (C) If the inspection meal%dmnagc frtim active rntcstation(s) or previous inlesl eon(s), l?i;yer ;n Buyer's acpcnsc, has the optiyn it) rihwin a writ- t67 190 len report try a Professional contractor home mspe ction servirc, or struit:6 1 engmecr that ix irmalcil'to smictimil'dtmagoto'ale Property housed 166 16s by wtx,d-destroying organisms and a proposal to repair the damubro Buyci will deliver iliii srructuruldaniNge report and, coirective proposals . lea 196 Seller wilhin 7 DAYS of dcliveringthr:origiilal insTieeiiinn report.. - 160 191 (D) Within .5 DAYS of receiving the sttucturat daiiwge refxin and ctrrcctivc proposal. Seller will talvise Buyi i whIrther Scllcr will repair, at 161 192 Seller , s expense undh -rorc scalcriicnt,.any strlctiiral'dmtialw tram active ar previous infestatiort(sl. 19 193 (E) if Seller chooses In rnp;lir vttuctunl damage ttwealed Hy tin relxtri, RUM agrees to accept die Property as repuit-W.ind agrees to the RELEASE 193 194 set forth in parugtnph 2.5 of this Agreement. .... .. .. t84 tog (N? If Seller chooses not to relaeir slnicinrnl damage revealed by the rclinrt err ixits to respond within the time given, Buyer, within 7 DAYS, 195 199 will notify Seller in writing of Buyer's choice in: , - ,. . .. •.. .. • - -, • • .. ,, . 196 197 L Atx;cpt the Prn_ncry with the der cts revealed by the inspection, without abatement of prio:c, and agree to the RELEASE set forth in pars- 197 tee graph 25 of this Agreen.emi, OR 196 199 2. M4dre the repairs before setilenacaL, if repaired by die mortgage lender, if uny, .ill l3dycr s citpcnsc and with Sellers perrrrission; which will 193 200 not tic unreasonably withheld, in which ease Buyer accepts the Prnlxrly and ugrecs to.thc RELEASE set forth in paragraph 25 of this 200 .at , Agm rncnt, If Scllcr denies Byer permt,iun to make the lcpairs Buyer nWy, within S DAYS of Seller's denial, Icrmimitc this 201 ?m Agrootrtont in wilting, in which case a dcr,tisil monies 'paid on account 'of purubmse pact will be returned proiiipty fu Ruyer and this ,02 20a Agreement will be VOID. OR 2P3 2W 3. Terminate this Agreement. in whidi,cwss all deposit, monics paid on account of purL•hase price will be returned prornpdy to Buyer and 104 265 diis Agreement will be VOID. 205 206 10, RESIDENTIAL. LEAD-RASF,D PtUNT ten'/.ARD REDUCTION ACT NOTICE REQUiRM, FOR PROPERTIES .: 206 207 DUR BEFORE 1978 (1.02) 207 206 209 210 Q N0rr,, PPLI(:ABLE• APPLICABLE ( ) Scllcr rmpmnmts that Stiller ha& no knowledge concernin the resenx f l d l b d/ i l d 206 299 211 g .p ea - o aset pa m an or ea -based paint hunirds in ar about the Property, Wiles, checked below. ,to 211 212 ? Scllcr has knowledge of the presence of lend-based paint und/nr lead-based paint hazards in or about the Property, (Provide tie basis for 212 213 determining that Icad-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available Lhfonna- 213 214 tion cum:crning Scller's knowledge of the presence of Icad-based paint and/or loud-hosed paint hazards.) 214 215 215 216 (R) Records/Reports.- Seller has no reports or records pertaining to Icad-based paint and/or icud-based paint hazards in or afloat the Property. rte 217 unless checked below. 217 216 ? Seller has provided Buyer with :ill available reeor& and reports pcitaining to lead-bahcd puinr and/or lead-based paint Mvanti in or about 219 219 the Property. (Lst documents) 214 ? -- 226 "I (C) Bayer's Acknowledgement: Buyer has received the pamphlet Pollen Your Fnndfy from Lead in Your f7rm,e and has mad the Lead Warning 221 222 Statement contained in this Agreement (see Envininmenral Notices). Buyer has reviewed Seller's disclosure of known lead-based paint and/or tit 23 lead-based paint himards, us identified in paragraph I(1(A) and has received the records and reports pertaining to leud-ha%W paint and/or lead- 223 224 leased paint hazards i ,f in paragraph 10(B). 224 225 Buyer's initiate 1. v e i5! Date 2:5 226 (D) RISK ASS F4,SNIFENTlLNSPECI.ION: Buyer acknowledges that before Buyer is obligated to buy a resider ' dolling built before 1978, Buyer 226 227 has ?10 -_ DAYS a conduct a risk assesstticet ur inspection of the Propeny for the ramliec of Icad-based paint atKViw led-based paint hazards. 227 229 WAIVED. Buyer under aari that Buyer has die right to entiduct a risk assessment or inspeotion of the Property to determine the presence of 226 229 Icad-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and at,'reex n; the RELEASE set ford. in paragraph 25 of Us no this Agrccmcn[. 231 ? ELECR3D I. Ruycr, at Buyer's expense, cllo tws to obtain a risk assessment undlor inspection of the Pmpemy for Icad-based paint and/or loud-ha d 231 232 233 234 sc paints hazards. The risk assessment und/ar inspection will be completed within 10 DAYS of rho execution of this Agree rent. Bu °r7w N? y r initlab: %_ ^ 233 ye _ A/S-2K Page 3 of 8 Seller lnddals• TZI? 234 JUL-05-200501JE) 12:21 DAWN AND ASSOCIATES REALTY (FAX)717 258 8677 P.007/011 1 -,., .,. r. till ,. •ae wt ier m intuit, nor ttutnnng the risx assessment andlar nnspecuun of tn0 vroperty for tead•based paint and/or 23 6 236 lead-ha. at hazards, Buyer only deliver to Seller a written fist of the spea6, -dous conditions cited in the report arid Otow 231 237 cortrctiot...-que4ted by Buyer, akrog with a copy of tine risk asses ancut amdlor insp, eport. 238 1 Seller rttay, within _ BAYS of receiving the list untl-trpon(s), subrnita written corrective proposal kr Buyer, The corrective proposal w6 1S4 . will include. but not be limited it), the mane of the, remodiation company and a projected completion date for corrective nleasurm: Seller 238 240 will provide ccttification front a rink sNsesv)r or inspector that co ective measures have hcen s.mlisfictorlly completed on or before the 240 241 projected completion data 141 242 4. Upon receiving the corrccrivc proposal, Buyer, within __$ DAYS, will: 242 243 a. . Accept the corrective prupoNul and the Pmpcrty in writing, and agree to Ole RELEASE wrh forth in paragraph 25 of this Agreement OR 243 244 b. Terminate diN Agreement in writing, in which cast, all deposit monies paid on account of purchune prime will be returned promptly 244 141 to Buyer and Chia Agreement will be VOLD. - 2'15 244 5. Should Seller fail to subrnlt n written corrective proposal within the time set rorlh in puragraph 10(D)3 of this Agreement Buyer, tab 241 within _ 5 DAYS, wilh - 24T 246 a. Accept the Propcny in writinfi, and agree to the RELEASE vet forth In par'agrtph•25 of this Agreement, OR 242 249 b. Tenninun; this Agreement in writing, iii which case all dcposir monies paid on account of purchase price will be returned promptly 249 25u . to Buyer and Otis Agmxrncnt. will be VOID. 250. 2.5+ 6. Buyer's failure to exercise any or Buyer's options within tilt time limits specified in this paragraph will ernsttittne a WAIVER of 151 52 this contingency and Buyer accepts rte Property and agree to th6 RELEASE set forth in paragraph 28 nr this Agreement 1 a 259 (E)- Certifiuttiont By siguinp this Agreemetu,'Roycr and Seller certify the accuriq of their respective statements, to the heal of their knowledge. 213 254 11. 51tYfUS OF RADON (1-02) 254 255 (A) Seller represents that Seller has no Inowledge wnceming the presence or absence of runion unless chocked below: 255 258 ? 1. Seller has knowledge that the property was tasted on Lite dates, by the mctbods le.g., t:harcuul ctmister, alpha track, etc.), and with 256 267 the resnIts of all tests indicated helnw; 257 158 DATE TYPE OF Tr_ST RESULTS (picoLuriewliteror wraiting levels) 2558 259' 264 2611 .- •? 2611 261 COPIES ON ALL AVAiLADi.P.TFS'1' R1+d4Olzi'S will be delivered to Buyer will this Agreeivent'gl3LLER DOES NOT WAR- at 262 RANT FTr SK THE ME71•IODS OR RFSM'I'S Or THE TESTS. 212 183 ? 2 -Seller has knowledge that the Piropedy underwent radon reduction measures on the dare(s) aid by the method(s) indicated beluw: 263 264 DATE RADON REDII(MON METHOD 264 265 265 .__._ T _. 266 2" „ '.. .. ' f ) RADON iN,SPi?CTFON CONIINGLNCY 207 188 WAIVED. Buyer understands that Buyer has4he option to requestdtai Ow property be inspected rur rudon by a certified inspa ur(sco Eavirain• 200 100 \\? mental Notices: Ruth)n): BUYER WAIVES THiS OPTION and agrees at the RELEASE set forth in pantgrapthS_S of this Agreement 209 270 ? F,LECFED. Buyer, ui Buyers expense, has Ole option to obtain. from acedified inspector: a radon test of the Property, and will deliver it copy 270 271 .. ;-,rte the Irk report to Seller within DAYS(15 dayri if not specified) ofthe en cinion of this AgMxmertL (See Eaviroamert]I Notices; 211 Radial) .. .. ... 2T2 173 1: if the test report: reveals the presentx i1f radon below 0.02 working levels (4 picocwie.Ailer), .Fltiycr at cepls the Pm)party and aAre& to the 2721 274 RELEASE sddunh in paragraph 25or Ns Agreement; 274 275 2. If the test report reveula the presence of radon ill nr exceeding 0.02 working levels (4 picocuries/1i1cr), Bayer will, within 7 DAYS 27s 276 of receipt of the test results: 270 . 477 : El option l':.. _ .. . •,...... _ .:. •• ...... , 278- = a:' Accept the Pnipertyrin wridapand ag er v the RELEASE set forth in paragraph 25 of thin Agrotement, OR.:: 256 279 - "-b: •Terminate thisAgreementinwriting, inwhich.ease all deposit monics puld on JCC011111t,01" Purchase Price will I- returned promptly to H uyer 279 ' 280 and this Agreement willbe-VO1D, OR ...: .. ..: . ..... .....: , ? .... .:-..... .• .,:. .. r. .. " ' -"s0 eat c. "Submit u written, correctiva prrposd to Seller. The ci/rtcctivcprollnsW'will1ncludd; but nothe limited to. the'nume orlhe.ecrtif ed )nisi- - 18t 282 gation'company; provi6ions Tor payment; includitig retests: and a projected completion date for-corricetive'measurce, 232 283 (1) Within??DAYS'(,freceiving-theet)rrectivcproposal,SCller•will: .. `280 164 (a) Agree to die terms of the corrective pmpos.1 in writing, in which case Buyer accepts the Property and agrees to die 2Nd Z05 . ;. ,. .. :..' RELEASE set forth in paragraph 25 bfthiK Agreement, OR ' -' •. ,.. _ .? ?, .,- 285 206. (b) Not agree to theteri is or the corrective prujxmal. - ,:- 11- '.... .... '-. - ., . _.. .. ::acs 167 (2) Should'5e11er not agree to the terins of the cotrcetive proposaPorif Seller faa,ja respond within the firm Riven, Buyer will, within 297 186 '; - .., _. . '. .i.-, ?_ ' .. •,.' .. -.. '.' S,llAYS: elect It); 266 289 (a) - Acceptft'1'mpety in writing and agree to theRIU-LASL• sef forth in paragraph 25 of this Agreement, OR 108 290 (b) Terminate this Agreerncnt in wilting, in which also all dapas;t manors paid on acn nilm of purclutse price will be relumel 00 297.. . promptly In Ituycr and this AL,"cmcat will be, VOID. 297 242 ?,'Option S. 282 x1 a. Accept the Property in writing and agree ui the REL EASE set forth in paragrrpli 2,5 of this A\ rv&ntcnt, OR" 290 204 b. Submit u written, corrective proposal to Seller, The corrective proposal will include, but not be limitetl to, the name of the ccrtifie d prig- 204 295 gatioa company; provision, for palyMMI. including retests: and it projcctcd completion date for corrective mcasar%. Seller will pay a max- 295 291 imam of $ inward the total o)sr of renediutiam and retests, which will be completed by settlenteal. 246 207 (1) if the lord cost of retnetliation and retests FXCLEDS the amount specified in p.•uagraph I I(fi) (Opdon 2) h, Se(lcr will, wititin 197 2% . 5 DAYS of receipt. of the cost of remcdianion, notify Buyer In writing of Scacr's choice to; 248 208 (a) Puy for the total ea i of rcmediation and retests, id which case Buyer accepts the Property and agrccs to the RTi.FASE set ford, 299 300 in paragraph 2.5 of this Agreement, OR 300 301 (b) Contribute toward the total cost of rLmlcdiation and rc(csts only die amount specified in paragraph I I (B) (Option 2) b- 001 303 (2) if Seller chooses not to pay for the total cost of rcmediation and retests, or if Stllcr fails to chrarge either option within tit tithe 001 303 given, Buyer will, within- DAYS, notify Seller in writing of Raycr s choice 1n; 303 304 (a) Pay the difference between Scher s contribution to renlediabon cad retests and the actual cost thereof, in which rase 304 305 Buyer accepts the Property and agrees to the RMr;ASE set f'ortt in paragraph 25 of this Agreement OR 305 306 (b) Terminate this Agreement, in which cast all deposit monies paid tin account of purchase price will be returned promptly 306 337 to Rnycr and this Agreement will he VOID. 3717, ace 12 STATUS OF W VEER (1-02) 300 308 (A) Seller represents that the Property is, cd by: 300 310 ? Public Water 310 371 ? 015-site Water 311 312 ? Community Water 312 373 ? None 313 314 ? 314 315 ) WATER SERVICT LNSPI;ECTION CON•rLNGRNCY 315 ate WANHD. Buyer acknnwlcdges that Buyer has tilt option to mQuest an inspection of the w;itcv service for the Property. RUYER WAIM its 317 '11M OP71ON and agrees to the RE FvsSr set forth in purrgntph 25 of this Agreement 317 319 ? F,LECSPD 318 319 I . Buyer 113s the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver 3is 320 to Seller a wzittcn inspection report by a quaililied, professional water testing company of Lite gnadity andlor quantity of the water service. 320 321 ?j,? C "Y' 'y?/^ s 311 312 A/S-2K Page 4 of 8 Seller initial Buyer hddals: 322 JUL-05-2005(TUE) 12:22 DAWN AND RSSOCIATES REALTY (FAX)717 258 8877 P 008/011 j? .,, aeucr ap• -o Locate cad provide access to the on-site (09 individual) water system, i1' applicable, at Sellers expanse. if required by the 323 324 ittspiccu parry. Seller also agrees (u tester- the Property, at Scllcr'b ccpcnsc, pe etttMent. 324 325 3. If the rept•.. cvculs Chad the water service does not r=t the minimum standards of t .licuble govettuncnt•d authority and/or fuilr to 325 326 satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, men. Seller will, withirt--j _ DAYS of receipt of x6 327 the report, nisi ry Buyer in writing of Seller's choice ins 327 328 a. Upgpude the water service h) the minimum acceptable levels, before settlement. in which case Buyer accepts the Property and agrees 328 328 to the RELEASE set fknth in paragraph 25 of Mir; Agrccrrtenl, OR 329 339 be Not upgrade the water service. ai0 331 4. If S-llcr chooses nor to uptrudc the service to minimum acceptable levels, or fails to respond withal the time mires, Huycr will, widtilt 331 732 5 DAYS, either: 3a2 333 a. Accept die property and the wear service and, if required by the mortgage lender, if any, and/or any govemmcnrll authority, upgrade 331 Wit the water service before settlement ter within the time required by the mortgage lender, if any, and/or any governmental authority, at 334 335 Buyer expenNe and with Seller's permissiun, which will not be mmcasonably withheld, und> 67tc to the 1tAt EASEset forth in purl- 335 336 graph 25 ,of this Agreement. If Seiler denies Buyer permi. ion•to upgrade the water service, Buyer may, wifhin_?_ DAYS of 336 337 Seller's denial, terminate this Agmxmcnt in writing, .in'whichh awe all dcposh-monies paid on amount of porch= price will he .337 338 returned promptly to Buyer and this Agreement will be VOID, OR 336 s39 h. Terminate this Agreement in writing, in which case all deposit monies paid ten account of purchase price will be returned promptly 339 340 to Buyer and this Agreement will. he VOi, 340 341 13. STATUS OF SEWER (1.02) 341 342 (A) Scller represents phut the Property is served by: ' 342 343 344 ? public Sewer individual On-lot Sewa e Di `•' s i6al S stem (See Sewa Noti l 3" g p ge ce y ) 3" 345 ? individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewugc Notice 4, if applicable) 3i5 346 ? Community Sewage Disposal System 34E 347 ? Tcn-acre permit Exemption (,See Sewage Notice-2)' 347 xe ? Holding Thnk (See Sewage Notice 3) 349 349 ? None (Sox Scwagc Notice 1) - ,.. - 349 350 E7 None Availahlefliamit Limitations in Effect (See Sewagc Notice 5) - yip 351 ? 3st 352 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL: INtipr,CTiON COMIN6ENCY 352 357 '? WAIVED, Buyer acknowledges that buyer has die option fit rapue3rtm' individual on-lot %cwiige disposal' inspection of the Roperty. BUYER 383 354 WAIVES THIS OPTION and u6rmev to the RELEASE set inh in panigu;iph 25 of this Agreement • ' 354 356 _ • ELECT M- 356 356 1. Buyer has the option. within DAYS (15 days if not specific!) of the execution of This Agreement and at Buyer %, expense. to 350 357 deliver to Seller u written inspection report by a qualified, professional inspector of the individual nn-Ica sewage disposal systcm, 357 356 2. Seller, at Seller's expense. agues, if and as required by the inspection company, to locate, provide access to and empty the individutd on- 356 359 lot sewage disposal system, Seller also knees in m,ntm; the property, at Sellerhg expense, prior to selllenient, 359 366 3. If the report newels defects thardo not require cxpansinn or rcltliceuienl of the existing sewage disposal system, Seller will, widurh 360 361 7 DAYS of receipt of the report, nMify Buyer in writing of Seller's choice to: 361 362 a. Corme the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362 Sat the RELEASE act forth in paragraph 25 of this Agreement. OR 363 304.. - - b.' Not correct die defects. - : ,384. 365 4: Tf Scllcr chooses not to drool the (ckets, or it' Seller rails to respond within the time given. Buyer will; within S DAYS' either. 365 366 a. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any govertanentul authority, correct the ids 367 defects heforc settlement or within the time requiter! I)y'tlte mortgage lender, if any, iandfor any governmental authority, at Buyers 3G Spa sale expense and with Seller's permission, which will not his unreasonably withheld, and agree to the RELEASR sec forth in para- Me 369 :..graph 25 of this Agreement: If'Seller denit* 'Buyer pemiission L, dorrect the defects, `Buyer may, within' - 5 .. DAYS of Seller's 389 370 denial, ternihiaw this Agreement in writing, in which case all deposit momics paid on account of purchase price will be returned 37o 371 prnmptyto Buyer and thiii•Agtccmcnt will be VOID, OR _ ,., .,., • 372. b: Terminate this Agmcnient in writing, in which case all deposit munics paid on account of purchase price will he returned 372 373 .. .. '::. _.promptly to Buyer unJthis Agreement will he-VOID. ... .. .. '.. :'',. •' , .... ,. :• :. ' 374 5. I r the rcpaat reveals the need la expand or replace the existing individual on-lit sewagm disposal system, Sel Icr may. within 25 DAYS. 374 375 of receipt of the report, submit u corrective proposal to Buyer. The corrective proposal wiTinclude, but tint he Kinked t; the saute of the 375 378 ?. - :..?renlediation company:' pirmiWonN for payment:'including Tctcstst and u projected completion date for corrective n,easumti. Within -376 377. 5 DAYS of mwiving Seller's corrective proposal. or Irno corrective proposal Is received within ante time given, Buyer will, 377 376: a. Agree to the tennNi)f the correedve prgk)wil,if any; in writing, in which casc•Buyer accepts the Property anil•agmxs to thie1tELEASE 37'4- ' 979 set forth in paragraph 25 of this Agreement, OR 379 369 b. Accept the Prnpcrty and die system and, if required by the mortgage lends; if :any, and/or any bnivernnicntal authority, correct the 390 loll: - . , - &-to= befitm,w dement or within. the time-required by hoc mungagclender' if tiny, andlor'ahygovemmcmal iudiorigy, at Buycr s' 381' 382 sole expense and with Scller's permission, which will nobhn unreasonably withheld, and igreeto'dtr RT;f,EW sotforth inp4ri-•' ''m 383 graph 25 of this Agreement. If Seller denies Buyer pernumion to correct the defects, Buyer may, within _5 DAYS of Seller's 383 384 denial, terminate this Agrtxmcnt in writing, in which case all dcph)sit monies paid nn account of purchusc price will be niturnod 364 386 promptly to Buyer and this Agreement will he VOID. OR 386 c. Terminate this Agreement in writing, in which ease all deposit monies paid on account of purchase price will be returned promptly 366 367 to Buycr and this A &n= m c nt will he VOID. 38 388 ? r r,r ?,? 14. NO'11CE8, ASSESSMENTS & CTR7UlCATES Or OCCUPANCY (/.04).: 388 389 (A) Seller represents, as of Seller's execution of this Agrect lent, that no public imprrvcmenf, condominium or homeowner asscwiadon assessments 369 390 have been made agaiinst the Property which remain unpaid, and Butt no notice by any gnmvcrtnncmt or public authority piss been served upon 399 391 Seller ur anyone an Seller's behalf, including notices relating to violations of zoning. housing, huileling; safety or fire ordinances which remain 391 372 uneorreetnd, and that Seller ]mows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 392 393 otherwise specified here: 392 394 395 _ (B) Seller knows of no otter potential notices (including violations) and assessments except as follows; 394 395 336 377 (C) In the event any notices (including violations) and asNexsmcnts are received after execution of this Agreement mid before scttlenen4 Seiler Will 196 397 378 notify Buyer in writing, within i_ DAYS of receiving the notice or assessment that Seller will; 399 399 1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RFELFASE set forth 399 400 in paragraph 25 of this Agreement, OR 4a0 401 2. Not comply with notices mid assessments at Seller's expense. AIM 402 3. If Seller chooses not to comply with nodccs and assessments, or fails within the time given to notify Buytr if Seller will comply, Buyer 402 403 will notify Seller within _L, DAYS in writing that Buyer will either: 4th 411,11 a Comply with notices and assessments A Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 404 405 b. 71,miotntc this Agreement, in which rase all deposit monies paid on account of purchase price will be returned promptly to Bu er 466 406 y and this Agccnl= will be VOID. 406 407 •n Y Buyer Bu7N to nodfy Seller within the time given, Buyer accepts the Property and aeywen to the REr "%F e f h i 408 . , se ort n para. graph 25 or this Agreement. 407 408 ON 410 (D) BuycMUM- urea a cess to a public read may require issuance of x highway Occupancy permit from the Department of rfadoo, r lnidai9: 4/Cty Bu 4 4 \ 409 ye A/S-2K Page 5 ora Seller Llilirlw ? j ?? J 410 JUL-05-2005(TUE) 12:23 DAWN AND ASSOCIATE5 REALTY (FAX)717 258 8877 P.009/011 411 (F,) Tf required by he ',in 15 DAYS of the execution of this Agreement Seller will order Ior delivery to Guyer, on or before scUlcrucnt: 411 412 1. A e crtikilk it dhm appropriate municipal deparumm or deparanents disclosing li ny uncorrected violations of zoning, halts- 412 413 ing, building. safety or rim ordinances, AND/OR 413 414 2, A tertf eint permi thing occupancy of ate Property. In the event rcpairslimprovements are required for the issuance of the certificate. Seller 414 415 will, within S DAYS of Seller's receipt of the requircincats, notify Buyer or the rmfuirettents mid whether Seller will make the 415 416 required rmpairs/improvemcrels at Seller's expense. 416 411 if Seller choosm to make: the required repairxfimpravements, Buyer agrees to accept (be Property as repaired and agrees to the RELEASE sCt 417 418 forth in paragraph 25 of this Agrccmcut. If Seller chretses not u) make the required repairsfmlprovemenm Buyer will, within 5 DAYS, 419 410 notify Seller in writing of Buyer's choice to terminate this Agrccmnmt OR make the repairstimprovements at Buyer's expense and with Sellers 410 426 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the rc4)nircd repairs ter irSdier falls to respond 426 421 within the time given, Buyer n,ay, within _,?„_ DAYS, terminate this Agreement in writing, in which awe all deposit monies paid on account 421 471 of purchase price will be returned promptly to Buycr and this Agreement will be VOID. 422 423 (f) The property is not a "recreational cahin" w defined in the Pennsylvania Consuuction Code Act unless otherwise stated bete (ace Notice: Regarding 421 424 Recreational Cabins). 424 425 15. TITT.1; SURVEYS & COS"1S (1-02) 425 426 (A) The Property is to be conveyed free and clear of all liens, encurnbrances, and easements, EXCEPTING HOWEVER the following: existing 426 427 deed restriedons, historic preservation tevtnclinns or ordinances, building restrictions, ordinances, casements of roads, casements visible upon 427 426 the ground, cclscments of rccrorf, privileges or rights of public servnx companies, if any; otherwisc the title to the above described teal c8tulm 428 429 will be good and marketable and such as will be insured by a reputable 11tic'lnsurancc Company at the regular runes. 428 436 (B) Buyer will pay fir the following: (1) Title search, fide insurance and/or mechanics lien insurance, or fee for cancellation of same, if any; 490 451 (2) hovel insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraised 431 422 fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accrwrls. 492 43a (C) Any survey or surveys which may be required by ncc1ldc Insurance Company or the abstracting attorney for the preparation of an udcquatc 433 434 legal description of the Property (or the correction thereof) will he secured Lind paid for by Seller. Any survey or surveys desired by Buyer or 434 as required by the mortgage lender will he secured and paid t'or by Buyer. 435 436 (D) in the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Tide Company at The regular rates, us 436 437 specified is p.'uagmph MA), Buyer will have the option of: (1) taking such title us Seller taut give wile nn change to the pur base price; or (2) being 437 438 repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller f'or any costs incurred by Buyer for any inspec• 496 432 titers or certifications obtained accord'u,g to the terms of the Agremncru, and for those items specified in paragraph 15(8) items (1), (2), (3) and in 439 440 paragraph 15(C), in which case there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 440 441 16. ZONING 5S11'ICArION (1-02) Failure of this Agreement to contain the zoning classification (except in cases wham the property fund each 441 442 parcel thereof, if subdividable) is zoned solely or primarily to permit single-family dwellings) will rmdcr this Agreement voidable at the option of 442 443 the Buyer, and, if Yoidcd, any deposits tendered by the Buyer will be rammed to the Buyer without any tcquirement for court action. 449 444 Zoning C9assifiestion• 4" 445 L:I FT.F•CTMt Within 15 DAYS of the execution of ads Agreement, Buyer will verify that the existing use of the property as 445 449 is permitted- In the event the Use is not permitted, Boyer vd% within the thorn 446 447 given for verification, tlotily Seller in writing that the existing use of the Property is not permitted nod this Agreement will be VOID, is which 447 448 case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer s failure to respond within the time 446 443 given will constitute a WANM of this contingency and all other terms of this Agreement remain in full force and affect. 449 4so 17. TCF 4s0 451 NPLICABLE fD 451 452 APPLICABLE 452 453 Tots UOK-U ltNr MAY Nut srtr., CONVHY, TRANSM.44 I.NCLUDY out r4SURmi Y1te roll rO rHr COAL AND WOULS ON SU11MIG UNUnu4tramx 11th SU"ACIr LAND 453 cwt DESCKMED OR REFERRED To HERM. AND MM OWNER OR OWNERS OF SUCH COAT. MAY HAVE IM CUMPLerE LBOAL RIGHT lu RsMOV9 Att. SUCH COAL AND 454 4S5 IN TNAT CnNN171714ON, nAMAC , MAY RP-q T 117h 7TM SURPACR OP THE LANDAND ANY HOUSe.' BUU.DM OR OTM SMUM'URfi ON C* W SUCH LAND. (Ibis 455 456 . notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 994,) "Buyer acknowleigcs that he may not be obtaining the 454 457 right of protection against subsidence resulting front caul mining operations; and that the pmpely described herein may he prenWed fntm damage 4S7 458 due to mime subsidence by a private contrail with the owners of the economic interests in the coal. Miis acknowledgement is made for the purpose 451 459 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence tad the Land Conservation Act of April 27. 1966.^ Buyer agrees 459 460 Rh sign the deed From SOicr which deed witI contain the aforcmid provision. - ' ' -' 486 461 ` Ill. POSSE3STON (1.02) 461 462 (A) Pnasesiion is to he delivered by deed, key. undc 482 443 1. Physical possession to vacant Property free Of debris, with all structures. hn um. rein, in day and time of settlement, AND/OR 463 464 2. Assignment of existing haisc(s), lttgethmr with any Necntily tkfs)vils tad interes, at time of settlement, if Property is leased at the 464 465 execution of this Agreement or Littless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said l=aw(s) at 445 466 time of execution of this Agreement. 466 467 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without the written 467 488 consent of Buyer. 458 449 19. RECORDING (348 ' This Agreement will not be recorded in die Office for the Recording of Deeds or in any other offtcc or place of public record 469 470 and if Buyer causes or pcmtits this Agreement to be recorded, Seller may elect to treat such act as u preach of this Agreement. 47D 471 20. ASSiCNMTNT (3-85) This Agreement will be binding upon the panics, their respective heirs, personal tepresenluti ves, gvadians and succaleiort, 471 472 and to the extent assibmahlc, on the assigns of the parties herein; it being expressly understood. however, that Buyer will not transfer or assign (his 472 473 Agreement without the written consent of Sella 473 474 21. DEPOSIT & RECOVERY FUND (1-02) •' 474 475 (A) Deposits paid -by Buyer within 90 DAYS of setilemeeit will be by cash, cashier's or certified check. Deposits, regardless of the farm of 475 470 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified is paragraph 3(B), who will reutin them 476 477 in in escrow account until consunhn,atiim or termination of this Agreement in conformity with all applicable laws and regulations. Any u cwthel 477 474 check tendered as deposit monies may be'lleld pending the ucceptu tce of third offer. 479 479 ('B) Upon termination of this Agreement, the Broker holding die deposit monies will release the deposit monies in accordance with the tcmis of a 479 450 fully execu(ed written u&reement between Buycr and Scllcr. ate 481 (C) In the event of a dispute over entitlement to depohil muniex, a broker holding the deposit monies is required by the Rules and Regulations of 441 40 the Stec Real R.Rale Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. in the event of litigation 482 483 for the return of deptesit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. 483 484 Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of dclxwiL monies, the attorneys' 414 465 fees and costs of the broker(s) and licensee(4) will he paid by the party joining them. 465 486 (D) ARc l F-ettc Rocovcry lied exists to reimburse any persons who have tlhwinctl u final civil judgment agiinu a I'camytmia real esrra I'ut>rnseee ow rig 4as 457 to fraud, misscROamdon, of deceit in a teal estate transaction and who have It= marble Ill bU IW the judgment adder tal u?sting all leg and equighk 487 411 ranCtim Far complete details abate the Fund, sill f717) 783-365x, or (MM) gr-21 I3 (willem Permsylvaoia) and con 7834x54 (outside Pennsylvania). as 419 , C NDOMWMVPLANNED COIHB4UN1'PY (HOMEOWNrR ASSOCIATION) RESALE NOTICE (1-02) 489 490 NOTAPPLiCABIE 498 491 APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property m u unit or a condominium that is primarily run by a unit owners' 491 492 ussociution..PQ7 of die Uniform Condominium Act of Pennsylvania requires Seller Lit Cumish Buyer with u Certificate of Rcsalc and copies 492 493 of the condominium declaabon (other than plum and plans), the bylaws, and the rules and regulations of the timuciulim. 493 444 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 494 495 community as defined by the Uniform Planed Community AM. (See Definition of Planned Community Notice). §5407(a) of the Act requires 446 496 Seller to furnish Buyer with a copy of the Dedaradon (other than plats and plans), the bylaws, the rules and regulations of the association. and 495 497 a Cenifrniae containing the provisions set forth in §54tr7(a) of the Act. Cam' 4/" ?? 497 4" - Buyer Inltlalic A/S-21K Page 6 of 8 Seller Inltials: 428 JUL-05-2005(TUE) 12:24 ORIdN AND ASSOCIATES REALTY (FRX)717 258 8877 P.010/011 190 TITF, FOi,11,01W" 'Pi,iFS TO PROPERTIES THAT ARE PART OFA CONDOMINIUM OR A P&I-NN1';D COMMUNITY. 403 500 (A) Within 1) S of the execution of thia Agreement, Seller will .submit a request to At iation for a Cortificarc of Resale and the doe- Soo 50) uments necessay to enable Seller to,comply with the Act. The Act provider: that the users..i required to provide chase documents within Sot $w 10 days of Seller's request. - S02 503 (B) Seller will promptly deliver to Buyer all documents received from the association UnderthcAct, Scllcr is not liable to Buyer for the failure or 502 504 delay of the association tit provide the Certificate in a timely manner, nor is Seller liable to Buyerfor any erroneous information provided by 504 505 the association and included in the Certificate. 505 wn (C) Buyer may, declare this Agreement VOID at any tinge before Buyer's receipt of the association delcumcilm and for S days the e?fter, OR until 509 507 settlement. whichever occurs first. Buyer's nntice declaring this Agrecmcrt void must he in writing; thereafter all. deposit•ntonies will be sal 506 mturned to Buyer. Wo fin (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right, Seller will reiurburtc- sac 510 •Buycr far all mpnic6 paidby Buyer nn account uf.purchuse price and For any costs incurred by Buyer for. (1) Title search, title insurance and/or ` Sto 511 rrreehunics lieu insurance, or fee lar cancellation of same, if any; (2) Flood insurance and/or fire insurance with extended covcrnge, mine sub- 511 512 Sidenc a insurance, or fee for cancellation of same. if any; (3) Appraisal fiecs and chaargcs paid in advance to mortgage lender, if ;uny. 512 513 23. MAINT NANCE,& RISK OF LOSS (1-02) $a 514 (A) Seller will maintain the property, grounds, fixtures, and uny personal pnrpcrty specifically scheduled herein in iW present condition, nor ial 514 515 wear and lour caccptcd. 515 516 (B) in the event any system or appliance included in the sale of the property Inls and Seiler dues not repuir or replace the Item, Seller will prottnplly $15 5171 notify Buyer in writing of Seller's choice in: 517 Sts I. Repair or replace the fulled system or appliance Wore settlement tar credit Buyer tit settlement. for they fair market value of the fuilcd sys-' Sts 519 tent or appliance.(this option "lust be acceptable to the mortgage lender, if any). In eaith-cage, Buyer wcepts the Properly and-a greefi to 519 529 the RELl:ASL' set forth in paragraph 25 of this Agreement, OR 529 521 2. Not repair or replace the f4ited system or appliance, and not credit Buyer an Settlement fnr the`fair market value of the ailcd system or 521 5z appliance. if Seller dues not repuir, replace or offer u credit for the failed system or appliance, or irSeller WIN to notify Buyer 522 523 or Seller s cbolee. Buyer will notify Seller in writing within; DAYS or before settlement, whichever is sooner, that Buyer 523 S24 will: - 524 525 a.. Ac xpL din Property and aloes to the RELEASE wA forth in paragraph 2-i of this Agtecmlent, OR us 526 b. Terminate this Agreement,. in which case all deposit munim paid on account of purchase price will be returned promptly to Buyer 526 527 and this Agieeiuent will be VOID. 527 526 (C) Seiler will bear risk of loss from fie or other CasualtiCt until tittle o0e letnent- Tn tiro mentor damage by fire or other casunhics to any prop- Le 529 crty included in this sale that is norrepaired or replaced prior to settlement; Buyer will have the nplio" of rewinding this Agreement and 529 Sea promptly receiving all monies paid on account of purchase price or or accepting the Properly in its then condition togGher with the proceeds -M 531 '- of any insurance recovery obtainable by Seller. Buyer is hereby. notified. that Buyer may inure Buyer's equitable interest in. this property as of 571 532 fhe time of execution of this Agreement. . . am su 24. wArVp:R OF CON77NGRNCn 9 (1.02) -If this Agreement iscontingent on Buyer's right to inspect and/or repair due Prtperty, Buyer h; failure 577 SN to exercise any or Buyers options within the time limits -At furrlh in this Agmment will constitute a WAIVER of that condnpetn* and Buyer 574 535 accepts the Property and agrees to the RELEASE set forth In paragraph 2S of this AgottimnltrL $35 536 25. RELEASE (1-02) Buyer hereby releases, quit claims and forever disellarga' SELLER, ALL BROKERS, their T iCP,MES, EMPLO,M ^ s3a Sot and any OFFICER or PARTNER of any ono of them and any other PW60N, FIRM, or CORPORA77ON who may tit. liable by or through 537 am them, from any and ad clothing, losses or demands, including, but not limits t to, personal in{urlea and property domoge and-all of the cam- am 539 _ sequences thereof; whether now known or not, which may ariSC from the'pres ence of termites or other wood-boring Insects, radon, lead- - 535 540 based print hattatd.9,envitonmental hazards, tiny derect4ln the individual on-int. wwabw dispsrwl system ordef5cieades in the on-site water 540 $41 service system, or any defects or conditions on the Property. -Sbould Seller he in default under the terms of this A 4treemmt, this•relemse does 541 . 542 sm4 deprive,Buycr of any-right to pursue any nemediesilanfmay benvailahle under law arequity. 'This release will survive settlement. 542 US 26. REPRESENTATIONS (1-02) 5a _ 544 (A) Buyer understands tat any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, a" 545 their licctuc es, employees, officer., or par(nern am not a part of this Agreement unless expremiyineogltrated or ni abed in this Agrcclltcno It is 51s " 546 further undcntood that this Agreement contains die whole ugrecrncid-between Seller and Buyer and there arttin other Irrmti, obligations, 546 547. • 'ewcnuntsl rcpresentations, statements or conditions,,ond "r othcrwiyo- of-troy kind, whatsoever concerning this-sule. Furthermore, -this ' 547 Sul r Agreement will not toe altered, amended: changed ormodified except in writ(ng'exccuted by the pattim. , 548 549 (B) It-is under5t toil that Buyer bur inspected file Property before signing this Agralarient (including fixtures and any personal property 540 550 spedOallly Schedulell bereiri), or hra waived the right to do so, cad has agreed to purehaNC the Property In itapresem condition unless 550 561 otherwise stated in this Agreement Buyer acknowledges that Brokers, their dicousecs, employc04 officers of partners have not mate 551 552' an independent examination or deterritination or, the Structural soundness of the property, tic age. ur coodidon,ofthe components,'envi- 552 ss3 romrlvntal conditions, the permitted mien neof conditions existing in the locale where t he.Property is Nituated; nor have they madea 5R S34 mechanical inspaction of any of the systems contained thercin, su 555 (C) - Any repairs required by this Agreement will be completed in a woirkmunlike manner, us 5% (n) Broker(s) may perform services to ussist unrepresented parties in complying with the terms of this Agreement 938 557 '(1:•) The liradings: citptions; and line nunbcn in thisAgrcemcnt aecMCnatOnly to "take ite,wier to find the parigmphs:,. rm, . Sys 27. •DEFAUIT(1-02) 556 sag (A) Seller has the option of reraining all sums paid by Buyer, including the deposit monies, should Buyer. - 559 560 1. Fail to snake tiny aWitional payments as specified in paragraph 3; OR Sao Sol 2 Furnish false or incomplete intform3don to Seller; Broker(s), or the mortgage lender, it any, concerning Buyer's legal or financial slaws, 561 562 or fail ul coopendc in the processing of the nalriguge loam application, which sac would result in the future to obtain the approval of a 552 S63 mortgage loan cnmmitnrctit; OR 563 504 3. Violate or fail to fulfill unit T=fbrrn any other terms or conditions or this AgrccmcnL 584 Sts (B) Unlmcv otherwise checked in paragraph 27 {Q, Scllcr may elect to retain those .sums paid by Buycr, including deposit monies, in one of the VA 566 lolluwing manners; Sao 567 1. On account of purchase price: OR 567 55a As moltics to be applied to Seller's damages; Olt ? 569 3. As liquidated damages for such breach- 5111 570 (C) 0 Seller is limited to retaining suns paid by Buyers, including deposit monies, as liquidated damages. 570 571 (0) If Scllcr retains all sums paid by Buycr, including deptc,it monies, as liquidated danaget pursuant to paragraph 27 (B) or (C), Ruycr and Seller 571 572 wild be released from funher liability or obligation and this Agreement will be VOID, 172 573 2It. NIEDIATION (7.96) 573 $74 ? NOTAVAILABLE 574 STS E1 WAIVED, Buyer and Seller understand that they play Chrxxc ill mediate at a later date, should a dispute arise, but tltat there will Me no ubli• 574 ys $75 gation on the pan of any party to do set. ' S 5 6 517 LECI k ll 7 an (A Auyer and Seiler will try to resolve any dispute of claim that may arise from this Agreement through nlediulion, in accordance with the Rules s7s 579 and Procedures of the Home Sellers/1•lome Buyers Dispute Resolution System. Any agreement reached through a mediution conference and 579 S90 signed by the panics will he binding. go Sol (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and procedures of the Home ScllemlHo"te Buyers 58, 582 Dispute Resolution System (see Mediation Notice), Set 597 s" (C) This aagg?reLlnen?ttIIn mediate disputes arising train this Agreement wilt survive settlement Bo erhlltlaLs( ?'? .yL 9 A 2 803 5u ,_ /S- K Page 7 of tf Seller Initlala 585 586 am ?M -05-2005(TUE) 12:25 DRWN AND ASSOCIATES 0 (A) The followC pn of this Agreement if checked: Sim ? Salc & St ._,aent of other Property 59o Contingency Addendum (PAR Futm SSP) 59f ? SGIc & Settlement of Other Property Contingency SOx with Right to Continue Markering Addendum 5s7 (PAR Form SSP-CM) 594 (B) S 91 A 598 ,,x L REALTY (FAX)717 258 8877 P.011/011 !„ 569 ? Settlement of Other Prt:, ontingency Addendum (PAR Form SOP) Ho ? Tenant-Occupied Property Addendum (PAR Form TOP) Soo ? Sot ? 592 O 597 504 1?--4-1 4? Q?r)? 509 596 597 590 ,erS W.,11 at)ow? S 1 0,1 PrO4:l? vnH ! ??110? 1'G vb"Qw- to- bare- S in-4- He ? ad Seller acknowlcr ge receiving a copy of this Agreement at the time or signing, 604 s-en-er unQ10z GG2 so 604 005 eeNlk7TCE TO PARTIES: WHEN STGNED, TMS AGREEMENT IS A BMING CONTRACT. Return by facsimile transmission (FAX) of this 606 W/ Agent, and all addenda, louring the signatures of all particA, constitutes acceptance orthisAgreement. Partim to lhix transaction are adstsed 606 Who t an atuwnay before Againg>I they desire legal advice. 607 600 cos ?,$u:ycr has received the Cottsutt cr Notice as adopted by the State Real Foote Commission at 49 Pa. Code §35336. 600 616uyer lnos received ¦ statement of Buyer's estimated closing costs before Signing this Agreement. 610 Gil ,lsuyer has read and andentwnds the notices and expWnautry information set forth in this Agreement 611 s12 Q' Rt or has received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (sec Infotmadon Regarding st2 613 C Rod E "W Seller Disclosure Law). . 611 614 Buyer has received the Deposit Money Notice (for cooperative Sales when Broker for Seller is holding deposit motley) before signing this 614 615 Agreement. 615 516 916 ?-- 617 BUYER'S MATT.TNG ADDRESS: 617 Gta 610 620 911 622 623 6."4 625 6x6 627 626 920 No 631 631 633 634 GAS G38 977 670 899 :Wl 641 642 64:1 644 648 Us 647 548 849 SSO 651 M 653 664 055 656 657 658 659 650 661 662 663 664 665 066 667 088 No 675 671 37 BUYER' ACT im S 7D .Z y 3 3 OR 3 8 SAS SS` ??,Ja?fv?.,. llTN DATE ssx Z 3?l? /2 9 WITNESS BUYEttr t ??iJ?.? DATC WITNESS BUYER DATE Seller hereby approves the above wntract this (date) and in conaideradon of the services rendcmd in procurbig the Buyer, Seller agrees to pay the named Broker for Seller a fee of oflfn,m the herein specified sule price. In the event Buyer defaults hereunder, any monies paid on account will be divider[ Seiler, , Broker for Seller, but in no event will the stem paid to the Broker for Mier exceed the above xpecifcd Broker's fee 104,, hta: received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa, Code 635336. exPlanatory information set forth In this Agreement SELLER'S MAILING ADDRESS: SELLER'S NTACTNUrMBTR(S): pp p W1T 4r _ SELF GR X ?. r]Sd o ]l t? DATE Ssn v 11n3_ 5 h/J7ta'? / WITN /?Q??1/?"g-! _ DATT; WTTNF-% SELLER DATE SS# Broker's(Licetb-Z' Cettificad ms (check :dl that Are applicable): ? Regarding Toad-Based mint Hazards Disclosure: Required If Property was built hefort:1718: The undersigned Licensees involved in this transaction, on behalf of dtemnclva and their brokers, certify that their statements are true to the best of their knowledge and belief. Acknowledgement: The Licereteer; involved in this mmuction have informed Seller of Sel)er's obligations undeirThc Risidetitial TiAd-Based Runt hazard Reduction Act, 42 U.S.C. W2(d), and are aware of their responsibility to ensure compliance. l7 Regarding EITA Mortgages: The undersigned Licensors involved in this transaction, on behalf of'themselves and their brokers, certify that the terms of thin contact for purchum are rote to the beat of their knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transaction is 6ttadwd to this Agreement. ? Rrywsling Mediation: The undersigned ? Broker for Seller 0 Broker for Buyer agree to submit to modiation in accordance with parngraph 2s of this Agreement. BROKER FOR SELLER (Company Name) ACCEPTED BY .... BROKERFOR ACCEPTED ? ,a a r. rage a or a SELLER'S COPY fits sit sm at 622 623 924 625 628 827 628 628 fix 911 632 633 634 835 836 637 we 679 640 641 9,5 . us' 644 645 646 647 648 619 050 661 652 663 G54 656 656 657 658 659 060 561 662 663 6G4 66s GG9 667 660 669 070 671 EXHIBIT B Vay, 23. 2006 10:400 SUN-01-2005(WE0) 13:10 1 This Min DAWN AND ASSOCIATES REALTY No. 1724 P, 4 DAWN AND ASSOCIATES REALTY (FAX)717 258 8873 P,001/005 suujws PKOPLit'!'Y DISCLOSURE S'1'A'i' ' ' '1' need mprorod fbr, but no ruwigW iu ac by, ik ncmhm of ik Pq mY1v=ia Aawis.•ivAm of PIALMRSn (PATS. SPD i pro Addri ?: .. , • ... t s a Seller 1 S611cr DiiiOtitimL• aw'(t'?XA.S:'j t eL's?xl,) rrCjuirts tttat'a"stile[ of A pi'OpePly =St dllcloA* to;a•huyei all-known The Mial Hflh? + t• a mnAc?jnl (defects-a boat'Ui6'ptiotty'btin8 sold-that?'noC1Udily gb3anhim - Whtilethe'Taw reyatres'orctulti diiidiwwnar,'t3t;wi d'?scto. ` S , VMS dis• d 'sue e: ittttottiCOt ¢o cis sximIDo, ttlplcS beyond the baiic'PCqufl CrlKtitA of Ilia LiivY in itn•etT4R to m setleirs Ili ed&plylnp '. 6 7 cloermc rapirerientrc and to amb t buyem In evaluating the pn4xTty bob* cunsddered. Sellers who wish to see or ass dw-bask dbs• 7 it donure form c a rind the Corm on' the Web $14'61! the luennefivanirState F.WFstate+Cottlmfsdon, • a. , nix Stutcmcnt disc'lt"Scllcr'r kiiowle'dge of the toadidoa of the-property as of-the date sl&ed-by Seller a+id,le nut wiobsatutefur• s 1o any Umpodkos or•wairo sitiles flier bupormay wish4wobtaln. TWs Statement is nopa'warranty of any'kindl. -Sel'lerOi a warrYUisy or io: ii rcpwvtiawon.by duty li6tiag real estate broluu': arty selling real. esiaro broker; or theirdianseea. Bayer is 2ncourasod to addrt ctntccrris ti 12'BbGUt the s:ondldoiis Of the propetrty'thai' may not be included in this Statement. This?Statm*rn doss lint rcllCva Seller-bathe Aligation 12 taro dbdose a ntari:rlal defect dliz mh*•not be iddrtsWlo0 %his form. ;°•' or ariy'portian of it?thatwixild'Fiuvc•auigri?cnrtt?wrllrGrsaimpiicst oa rite ' +a'' •AMuoarlAi:Defea is:aprobient.vi+ith'sitesideiidal•retl'proporty i+' , ;s •vulno.af tbb'property br'th4rinvolven ari'untraitoi6bla ri!ik topooglc sa the prt?pcrty. T elfrict4ats structural ekmeat'system oc subsys- , * is eW de6m is tent N at or bcyand the end of ihdisormai It .t fu?liPC of ouch a blructimd rid went, system oe dably$t m iS not by'itasif a MAM • • 18 . ,..:..•...?? i. .:I,: • 1. ' ',' •• .:.•'. '. .. .. ' M. ,. ... '?.?.. ... ..' • it •Y,i ? ,1 i• .. :, :. •' ,1' 17.1. ..S'>gLiAM S i MPERTISE Sella d' c= not pLwm µcaperdw.in,coatractiag, wg'ir> clod,, =Wre tumeeuvirca ental, assewment or 1 in ' •otherarcu rclawd to the eonoucgivn and conditionx o(Ibeoprupatyt 4nd'it%,i vc=au%.,ecc:spt As.TW1oWe:'1 " 14, ' - - 0 2. OWNERSBIProCCUPANCY 21-, .'(a) Ie the propetty'cuaMtly'b&uvled? Yes _ Ne r"'Tf ya%v by-whom?: IL Seller -•Qtlicr ocCg nui•(tenants) m if propetty,18 nor occupied, wbeA was it Last pied? . yittiowhci3 t}ic pf0"p4htj?l. , ; ...., .....::rt; , '-',,;• .. , :. ' . ?..? •: ;1... i ", 7 :,. ?,:.., . M.'' ' (b) 'How 19P *e , diit?itg'yoia ow p?' 'Yea', :'lYc' ss'!hc' lure or other s?ruciuti iva ii i 24 ' (c) Y1re you aaaro of 'pets tiaviag l a+ - L : J e If yes. describe: ?- _5:1d? - sa 3. ROOF e V (w) I)Wcmof insudird: 03ah? 14!M Docu=Mod? Yes C No UnkuowA 0 ss (b) Hwit this TWbwn rcpt or repaired curing your uwnerahilp? X. -Yes No m 29 If ycx, wits the cxixdng roofing material removed? _2L Ycn _-No _ Unknown a9 M (c) ' Has the cool' eves leaked du&& your'ownership? .`5L Yes No 30 si (d) Are you aware of any problems with the roof, ¢00m, flashing or downspouts? _. Yaa )?. No at 32 Explain aiay "ym" atiswm i n d* suction, mdoding the looodon and extent of aiayproblcm(s) and arty hair or rumediation dWwt,c ss as U 4. BA50416147SAND CRAWL SPACES (Complete only:itappombie) st e (a) rim tha vn*eny have a sump pump? J L Yes ,_ _-" No ,-•_ Unknown 36 at If yes. has it ever ran? _)L Yes - No ^ 'Unkttmvn Is it in working order? Yo . ? No _, Unknown sa a? (b) Are you aware of any water leakapa accumulation, or dampness within the basement or crawl space? ,,'&*L Yea ! No V 3 (e) Do you know afanyxpah or othwAttt;mpts to oodaot any ware or damptni pnobl m m dsc basement ormwi space? _Yes. _ S;, tk a as Lxpbda say "y++a" rt W*M in this sedlax4lad udlttg; the lomfim and o tetti of avy prabler n(s) and any rcpalr or rew4dlon efforts., 39 48 40 41 S. TEBMITESMOOMEMOYINC MECTS, DRYRO'r, plv3'li8 41 42 (a) Are you awint of any termiWdWoW-destroying fnwc% dtyrot, or pests affecting the pwpeq? - Yes , No a 43 (b) Are you sward of any d unugc to tk propoly cacuscd-by U=iLwJwoW4L-straying ins+xts, drytot, or pesn'1 Yes No a 44 (c) Tn ycw pteparty currently under contract by s licenscd post control compwny? ____ Ycx -X No 44 45 (d) Are you aware of any tarmitelpeat control roporta or tr¢Wmants foribc property? _ Ycc _',& No ? Ott Explain wV 11y &I nnswerir in this iiecdon, including the BMW of any service;bwta went pravlder, N uppucable: aE 47 44 48 G. STRUCTURAT, TTF;Mg 41 49 (A) An you AwAm of any Nast or prwat wager Icakw in the house or other structures? _ Yes A No ' 40 s so (b). Are you aware of Any past or•present movement, shlfting, &Ptiorstion. or other ptobliarns with walls, fopdo f9 ,,o n a ? , ? , si ntrudurd enrnpenenis? , A Yen _ No b6?vj" T1w?, bL4JP? LiOVidt micelle 51 52 (c) Are yap ttwaro Of any past or pi eat Pmb> s with driWav iiys; walicwsys, paiai, or iomirtirtn wa1lR on rho proptaty?_ y% -X1* a 53 (d) is your property constructed with its P.xterlor land& & Finlshing System (IM), Stich as Dryvit or syntbedc stucco? M 14 -Yes _ No ,X, Unknown If yen, dote ins WIcti, if known M -Unknown ss . (e) Am thane any defects (including stains) in flooring or floor coverings? . Yea - 68 (f) Are you'awam of Any Piro, storm. water-or ice damage to the property? Yes No X No N s+ ST Explain any "yce" sittawerrs In thirs'ee Or" including the Ivcatlon and extent of any pnoblcm(s) and any repair or ramodtsitiars Ohm, Cv a Bayer Inidalm 4&e-Aj -- Date _2,1 SPD Page 1 of 5 Sd1cr Initials:. &) Date A 5D peas h Jl eeelatlon d eCt'rletctrr rt?rt?vsYLVAInAAS4floCtnrrori 0F less W saw .1}•1?/'REN,7 ORP rw+ar MriwM?wwwMM?,?wY Play. 21. 2CCb 10:40AM DAWN AND ASSOCIATES REALTY No, 1724 P. 5 Way. `200?JEU) ,.J• ,l unwn n,.v nvpu6jnju-, 1%.n612 (FAX)717 258 887 r. uei2/005 so 7. ADDMONSUMIDEU Lava you made any addition', stnrchaal c11:mF or otl='dcralim to the pmpett. )C„ Yes No se 02 e! m 8. WATER SUPPLY 41 (a) Wbat is the source, of your drinking water? _ Public water `C, Well on Property Commvnily Water 06 Nona Othor (explain)' (b) Whcm wds your water last tested? ,aj-7 Test mlilts: 67. . If your drittlcing water source is not public, is the pumping system in working order?. C Yes No , a! If "no," ozplein: es (c) Do you have a .wfkncr, filter, ur udwv traatsaetit system? _X Yes No 70 if you do not own the syslcin, explaim 71 (d) Have you ever hied a problem with your water supply? Yes ?(. No 72 (a) Has your well ever mn dry? _ Yes ZC No ` Not Applicable 7a (f) is there a Well on tha property 00t used as tha primary am= of drinking water? ? YLS ? 140 74 if yes, is the well capped? _ Yes • _ ,_, No- 79 (g) hthe .rater Myhncm sltalzui? Y ? No 79 (h) Are you Prom of ony looks or other problems, peat or present, relating to the water supply, pumping system, and related items? 17 Yes X No 7e Explain any "yey"aftswers in thus section, Including the location and extent of any problem(a) and any repair orramed;ation efforts: 79 W R IS 07 ss a, 70 71 72' ?3 7e 7e 77 m 73 so 9, 01 $TWACT SYRMM (a) Whit is the type of sewage xystrWl Public Sewer, _,Y, Individual On-lot Sewage Disposal System 06 P a - Tndividual On-lot Sewage Disposal System In PMXltnlty to Well .„r,- Community Sewtige Disposal System az 02 _Tan acre Permit Exemption _ Holding Tank - None _ None, AvttllW*?srWt LimiWans in T3t'1bm 0a st ' Otbsr type of wAvage rry2lrsm (cMizin): ..?... 84 as as (b) if individual On-lot sewage system; what type. ?Cesspool _g, Drain icld Unknown e? ea at Other (sppccily): ? tm (c) Are ftm any scot; tanks on the Proparte? _)k Yo No _ Unknown 0 09 Tf "ye s," what type of tame(s)? Mart[Wsted CementIgmacto _ Fiberglass Unknown 4 9a Othcr (Vccify); s0 in (d) When was the on4te sewage disposal Ry%te-m last serviced? 1 n • (e) Are there any sewage pumps touted on t o property? _ycs _>C -No a 03. If yes, type(s) of pump(s) _ _ Are pump(s)-it working order? Yes. _ No .03 94 Who is responsible for maintenance of sewaga pins? 94 a (1) is the sewage, system shared? _ Yes ?X No sa oe (g) Are you awaro of Uq prat or prosem leab, backups, or other problems rotating to the sewage system end rclatctd i1wd? a o? Yes XNo R ss Explain any "yes„ answers in this section, in u.diag the looatloa and want of *W problom(s) ana any rgmk or remeftdon efforts: w as ss too 10. PL11M ING SYb"1'm is9 101 (a) Type of plumbing (abcck all that apply): Copper _ Galvanized _ Lead _ PVC _ Polybutylene: pipe (75) lot 102 -X.- Mixcd , Unknown Other (explato. tat! 103 (b) Are you aware of any problems with any of your plumbing fixtLaTs (Lg., including but not limited to: kitchen, tatmdt)r, or bath- tm 104 toom 1i7ltgrOS; wet b? M,)? - Yes ? No 144 10s Iro " ex WA. 19F 106 11 . DONUIES-rIC WATER 11WIL vC too ray (a) Typcofwaterhinting: - EGxtdc NstinlGre rtwOR -Peopene -Solar _Sumnia+ Winterhook-Up ta7 ins alter (explain): 101 (b) Are you aware of any problems with any welcr bwttcr ur minted cyuipinmi? _ Yes )C No Its 119 If 'W explain: 11p 111 12 . Alit CONDITIONMC SYSTEM 111 112 (a) T(W of air eonditiottimg: _ Central Air_ Wall Units )( Window Units - None to win Other (explain): 112 114 Number of window units included in Wc_j_ Location(s) Ryk roar^ 110 115 (b) Age of Central Air Conditioning System: _"& Unknown Date last serviced, if known Its 116 (c) Lief any efts, of the house that are not air conditioned: &drooMe its it? _ it? to (d) Arc you nwuc of any problems with "my item in this 006on? _ Y40 I>-.,- No its its if-ycre,"eaeplain.- Sts ---0 U.0-0 120 Buyer Inltlabs: ? Date SPD Page 2 of 5 Seller Initials: Data t* 6 in If I -T May, 2?, 26D6cl:410, DAWN AND ASSOCIATES REALTY .,._ , (fpX)Tli 258 8B7No, M4 P. 63Ip05 121 13, UAT'ING SYSTEM tw (a) Type(s) of ben* fuel(s) (check all that apply): 131mtric ZC Fuct Oil - Natural Gas _ Propene 129 _ Coal _ Wood Other: 124 (b) 'iypo(tt) of heating system(s) (check all that apply): Forced Hot Air Hot Watcr Heat Pump to, Electt'le ani SLtrom _ Wood Stove (How matey? Coal Stove (How many? 12c - Otbcr. C rDd 56-?eGJ 1z? (c) Age of Heating System: Urlltraown Date last serviced, if known T22 (d) Are there MW Sreplsces? _ Yes. ?C No . if "you," how many'! Are they working? _ Yes _ No +? (a) Are them any dliitlneya (Isom a Iire placc, water.hcatcr or any other heeling sysvral)? r , yes. _ No 19n If "yes," how n=y? 1 When were they teat cleaned? Unknown tar Are they working? _2<-Yt4 - No Tf "nn," explain: 172 (f) List ntjy arou of the house that arc not, hcatcd 173 (g) Are you aware of my heating fuel tankH on tlu 134 Location(s), including underground tW*(s):- 13S if you do not nwn the tanks, explain: 1ss Ara you swore of-any problems or repairs-needed•regxrding any item In this section? i Yes No 07 Tf "yes," csplain• 121 122 132 124 US 126 127 1X 129 125 171 134 133 134 196 tae 147 19! 140 14. ELECTRICAL SYSTEM (a) Type of Eleeeieal System ,,,,,,,,,Fuses Circuit Sreskers How Many Amps? e11 ?? Ullicnown 136 Ire 141 (b) Arc you aware of any knob and tube wiring in the home? _ Yes No us 142 Are you aware of any problems or repairs needed In the electrical systom? _ Yes No to 143 Tf "y04" 9XPI IM +!s tee 15. OAR EQUIPh"? T AND APPLIANCES tµ .145 Thlx section must be complo od for each Item that wilt, or may, be sold with the property. The 'faat that an Item Is lhtOd does -149 149 nut moan it is included in the Agrre-ment of Sale. Terms of the Agreement of Sale negotiated between Buyer and Seller will les 147 1letermine whieb itrnax, if any, are. included in. the purchase of the Property. 147 146 (a) Mectiic-0mvp Door Opener Number otTrmsmitters Keyless Entry 14e 1d9 (b) Smoke Detectors HOW tllatty'l__L Locatloy#) J_NJ%al to ts0 (c) _ Security Alarm System owned _ Lenned (Lease inf tion ) 110 161 (d) .,.?,. lAwn SprIaW6,l(s) How nnany? _ Automatic Timer _ 161 152 (a:) Swimming Pool _ TTot Tub Spa Pool/Spa Heater Pooll3ps Cover Wltfripool/Tub 1sz 1SS Pool/Spa Equipment, and Acccuorics (list): 166 164 (t) R;efrigaator(s) Rangdovcn _ NflcrMve Oven Dishwashcr Trash Compactor IR 166 Garbage Dispomdl Chest Freezer ? Washer -%,- Drycr -*, Intercom 1ss tss (g) Cciling Fan(s) How matey? _ Location(s) 1Ci (h) Awnings Attic Fan(s) _ 3901 Dish 'r ,, Storngt Shed Deck(s) Et sric Anima! Stance; tae (i) Other. t3.. rm.?65t' +tl0 tie Are you alwlare of ruty problems or repairs needed regtarding any item In this mcdon? _ YM No 150 16a if "yes," explain: _ 100 tot 16. LAND (SOILS, DRAINAGE, FLOODING AND DOUNDAJ=) 101 192 (a) Land/Solls tee tss 1) Are you aware of dny fill or expansive soil on the property? _ Yes X No 163 IN 2) Are you aware of any sliding, smttling, earth movrmen upheaval, subsidenotear ca th Mabitity problems that have 164 163 occlarcd on or affect the No Is 3) Ato you aware of any existing, past or proposed tuhd* sttlpmtining, or any other excavations that might affect this 116 167 property? _ Yd1a IC No 167 163 Note to Bayer; The property rtlay be subject to tnt7u subsidence clumubn Maur of the courttldt4 and miner whom mine 4wbsidence In in damage may occur and minre cuhtstdence Ittaatrattcll are availaNc throatgh: Department of Environmental Protection, M3t1e: Subei• 110 170 dates lasutltace Fund, 25 Technology Drive, California Technology Park, Coal Ccntcr, PA 15423 (800) 9-27-1678 (widen +70 171 Penasylvanis) or (7'>..4) 769-1100 (outside Pc myrlvania). In 172 4) Is the property, or a portion of 14 preferentially axxcncd for tax purposes, or subject to limited develop=t rlghalr'1 in M _Yes _X, No If "YW, chock ail that apply below: 113 174 _ Farmland and Forst Land Assessment Act - 72 P.S.§5490.1 et seq, (CIL%n and Grcco Program) 174 lOpen Space Act- 16 P.S. §11941 ctscq. its 175 Agricultural Area Security Law - 3 P.S. §901 et seq. (Devrlopment Rights) 176 err Other 117 172 Noks to BWr: Ammylvania leas enacted the Right to Farm Act (3 P.S. § 951.937) lit an diwt to limit the eirmmstaiwa under 174 ITS which agdadrural operorlonr may ba subject to nuisance suits oe ordinancer. BuaW9 are e800ut'4g9ttl to bmv fgate whether any 179 1e0 agricultural of e;rwions wvmvd by the Act operate m the weinity of the property. tae 101 any `yes" ansvrt•rs In this section: Explain aaa tot toe et ., _ 182 183 Buyer Initials: Date 7 SPD Page 3 of 5 Seller bditlst MA? _ Date r? ??-`a ........................................................................................................................................................................................... M 10:41AM DAWN AND ASSOCIATES REALTY o-1724 P. 7 23 2006 2 ?E ay_ _L tea (b) Flooding/Dnhuge 144 all 1) le any Puri Of this property located in A wetL'wds area oc u FTMA flood Zone? _Yes X No. Unknown ass in 2) no you know of any past of pnblept drailtuge or Aoaliag problcrnY alfccsing the ptopexty7 _ Yes No . to tar Explain any. "yes" answers In this section, including dates and tnttant of floodlall; 187, I" to • ------ -- ........? lee (o) Boundaries IN tie . 1) Do you know. of any encroachments, boundary line disputes, Or easements AMC* the property? Yes No tso io1 Note to Buyer., Most properties have easements runni ng aertw them for udi ty services and other masons In many caves, the tit tut easements do not restrict the ordinary use of Me property, and Seder may not be readily aware of them. Buse" may MM to In 101 det'ennine. the existence of sasenswr,and ratrictions by examining the property and ardcring an ilAwract of 71de or searching , 111 lea the tecomly in the OT Ice of 11x R=rder of Dyads for the county befam entering Into an agm4ment ofsale. 194 195 2) Do you seem the property from a private road or lane? ? Yea _X No 195 1e8 ' if ycN do-you have a rooordod tight of way or maintenance agreement? _ Yes _X No 1911 tin 3) Aro you aware of any shared or common arm (e.g., ddveways, bridM,.docks, wall:s;.ctc.) or maintenance-agreements? tw tie Yes •;t, No 198 in , Explabt'any "you".ataawers in this rteetion: ' tae 200 •2ot . r. .. _ 17. HAZARDOUS SUBSTANCES AWENViRONKNTAL MUSS lop 901 sot (a) Arc yott aware of any underground tanks (other than home heating fUe1 or sepda nmku disclosed above)? -Yes . X No 2u1 2m (b) Arc, you aware of any pastor present hawdous substances preswu on the property (siructura or soil) such as. but not limited so tot ta, :ratbtstox or polychlorinett?d,biphenyl8 (PCBs), at0.7 •Yrr9,? No - ? sot (c) Are you aware of sewage sludge (otbet than Commercially available fta'tilim products) being aproad on the property, or have you gas Zoe received written notice of sewage sludge being spread on an adjamt pmpaty? - Yoe r 4 No W (d) Are you aware oPany toasts for mold, fungi, or.indoor.air quality in the property? _ Yes >?_ No 207 Zoe (c) Other than general household cloraning, have you taken any eftu to control or retnediate mold or mold-hike substances in the M 20 property! - Yes X No 709 210 Note m Btrysr: ta4vidua h may be affected drf jeurndy, or not at all; by mold containh-wlox if inuld contamination or Indoor air gtral 21o Zit S& is a Conant. Mom am enat pged x engage rho services of a gw1i ied profewiwtal to do testing. hrlorntadon on dirt lute is sit 2112. available front the United Slams F-nvlromo ttal Aroloo ox A'n4v trod tray be obtained by eantaeting IAQ INFO, P.Q. Bmx 77133, xis eta 214 Washington, D-G 20013-7133, 1-800-4.78 -431$. (t) Arc you awara of any dumping on the property? Yes y, No 219 e at1 _ r (g) Have you received written notice =Vzft the P cc of an environmental ha=rd or biohazard on ?1° Your property of any Z ate 21e adjacent property? _ Yes. __?C No III 217 (h) Are you aware of any tuts for radon gas that have been perfbnm:d.in any buildings on the property? A Yes No 217 rte - If "yes," list dale, lypa,,and results of all tests below: - 211 all 220 DAT.,'R- Tale`s 0 Tp% lino (picocuri it or orking levels) NAME OF T?srm SuRviem ?C? ?t1r:K!? ale 220 211 . 2 M (i) Are you aware of any radon removal system on the property? Yes No 2 1 zrt sal if "yon," lint daft installed and type of syatrm, and whether it is in working order below: 2x "4 T3h9't? TNIML11:D Typi of SYs=sa1 PROt?IM WORMG ORIDEV U4 2M _ Yes No 225 no 017 - Yes No (f) ' If property was conauuoted, or if construction begirt, before 1978, you must disclose any knowledge of letrrl bwod paint on the 229 m M0 property. AAre you aware ofarty lead-bassi paint or load-based palm hazards on the ptoperV? _ Yes 'y- No M M if "ym,° explain how you know of it, where it ls, and tbt condition of Ibose itaed•based paint aur'faceas: its in nt ' _ (k) Tf property was troltatnroted, or if construction beggar, before 1978, you must disclose any reports or records of kad bw od paint 770 eat 2M or lead-based -paint hazards on the pror aly. Ala yo4 .aware of .any reports or mcords raganding lead4wod paint or Icwi bored 02 7xe paint hazards on the property? _ Yee _y NO 2i1 xk if "year," list all availabla rcpnrts and records: ? ate (1) Arc you aware of trotting on the property for any other hazardous substances or orvironmental concerns ? Yes] y No 1i 238 2V _ tj. (m) Are you aware of of any aft banctious substsaw or envirorimental concvrtte that might imp a upon the property? Yes X No M _ __ ZZf Explain any "Yes" !answers in this. action: 217 ? X90 . _.. .._. ... _ _ 211 740 u? 201 to Buyer InIt": V 10 ate ?? SPD Page 4 of 5 Seller initials; I r? a May.23. 2006 10:42AM DAWN AND ASSOCIATES REALTY No-1724 P. 8 JUN-01-2005(WED) 13013 ORWN RN0 8550CIATE5 REALTY (FRX)717 258 8877 P,005/005 ias l8. CONDO IUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only If applicable) aaa 24a 'Type; . Condominium ^ CoupmV$Vc Homeowner Association or Planned Community 2l1 245 Other: gas us - Nodccregarrllag Condominiums, Caop[rallw, and Planned ConimnWa. A buyer of a resale unit in a Condominium, coopera- tab cart rive, orpkm d emntn atity must receive a copy_cflhe declaration (attar than rite place and plans), the by-laws, the rules or r%,Wa- x z" Uum, and a certifrcare of rmal# avrued by the association in the eondominlum, cooperative, or planned com- zaa zoo ihiWlp BWem may be rccpww1b1e for capital contribk oru, initiation fans or sdmilar one-tine few fn addifta to ret aW motubly ze 256. rnainknanca foot. Tha hoses will have this option of canceling As agreement with the romm of all deposit moniac unfit iliac esniwtur. zso 251 has been pmvklati to the baryw and for five day; theteefler or until cosveyan e, whichevs. occurs fi'mt 251 M 19. MISCELLANEOVII 20 2n (a) -Am you wnm of may blstnrio preservation restriction ar ordin=ca or ardwologlcal des*adon,ssraciattal.wish the property? M xta Yes % No 264 _ (b) Are you aware of any cxi4ting or dwoshmod legal action effecting the-property? __ Yea ,,KX'o tai set (a) Art you aware ofiM violations of falryal, state, or local laws of t'rgulations rclatingto this property? _ Yes X- No 256• aer (ci) Arc-you aware of any public improvement, condominium or homeowner association aasessments against the property that retrain -W 2ss unpaid or of any violations of a onia , housing, building, safety or fire ordinances that remain ut ctW? _ Yea '04 No 2tu .tt (e) Are you swan of any judgment, encumbrance, lien (for examplecantaker or equity loan), ovarduc payment on a support obli- X9 '260 Sutton, or other debt agniaat this property that cannot be satisfled by rise proceeds or this salt? _ Ycs _No so art (f) An you aware of my nmson, ir0etuding a deft in title, that would prevent you frosts giving a warranty dead or Conveying, We to mite acs 2t2 property? _ Yea _4 No earn (S) Arc you aware of any insurance claims filed relatting to, the pnVWy'l 1't2s Na 2dS W (h) Are yeti aware of watctlal defects to the prop erty, dwelling, or flxturce whi t are not disclosed elsewhere oo this •fatrtt? N M 265 _, . Yee -Z o 2N 20 A material defeat Is a problem with a rmtidendal-real propony or any portion of it that would have a aignificantadverse impact m w on the value of the property or thal-involvm an unreasonable dsk to peoplo on the p MxAy; The fact titer a serrsob=l element, zsr 20 system or subgys k= is at or beyond tho end of the normal useiisl life of such a structural eimnent, system or subsystem is not by an ate itsclP'a makxial defect ? ate ExpWW any "yes"-anowers In this section: zm err 2Tt m The undersigned Seger represents that the informatdou act forth In this diecb0rure stftment Is accurate and eomplete to the best arc m of Seller's Imewledgr- Seller booby aathorcra the Listing Broker to provide this Information to prospective buyers orthe prop- sea zu erty and to other red estyte licensees. SELLER ALONE 73 RESPONSiBLR FOR T OX ACCURACY OF THE INFORMATTON 274 m CONTAIINED IN THIS STATER EM. Seller shall cause Bvye r to be notltled in wrWaa of any information supplied ou tblo form 27s 276 w1llcRt Is randerat hmieeurate by a change in the condition of the property followbo eoniplotion or thk form. 2" 01 t7l WITNESS SFYI-ER DATE 1WT err m WITNESS SEI.T.ER DATE / its ns WTTNESS SELLER DATE 0 ses EXECCPi'OR, AllMINISTRATOR, TRUSTEE SIGNAn= BLOCK cot 261 M set !la i M age 29t zl1 RECEIPT AND ACKNOWLEDGEMENT BY BUYER The undmigned Boyer admo pt of this Disclosure Statement, 'Buyer acknowledge that this Statement it not A warranty aad that, anka staved o c e In the sales comrnet, Bayer is purchasing this property to its present condition. It is Bayer's mty to saris!" or herself as to the condition of the propcl't? Buyer nay request that ties property be iospec yter'M a east d uslifled prefosuionah, to determine the cot fe structure or its componcats. _gei B R DATE WITNESS BUYER DATE WITNESS Bl'JYSR DATE SPD Page 5 of 5 aoa 250 :n 2M z" 20 au 2e0 2ta m EXHIBIT C 2, ay, 23. 2006110:39AM DAWN AND ASSOCIATES REALTY 177s-sso6 No. 1724 P. 2 p. 1 MEW. & SONS SEPTIC Septic Service 414 ROXBURY ROAD • N£WVILLE, PA 17241 (717) 776-5056 "A Straight Flush Beats A Full House" www.newville.com -.,n,p f f INSPECTION Zr 05 Cr8?mA?np , OA l'7 2y 25g + 81ro o Name & dress 05 Phone # 4 odw Septic Tank ? ? Fair ? Poor Dosing ti,?_ ? Good ? Fair ? Poor ? Rewire Pump ? New Pump Draw, Field ? Dry M Damp Q Wet Sand Mount /yIA ? Dry ? Damp ? Wet Drains in House E] Good [] Fair ? Poor Age of System ? 1-5 ? 5-10 ? 10 - 15 ? 15-20 ? 20-25 Mf25 - Over Bill co Total $f?• Comments: n - To Whom: yr1 • Dawn, d 1, Duane Wert, find this system in working order. Signature Page 1 WHITE - PROPERTY OWNER • CANARY - OFFICE May. 23. 2006110:39AM DAWN AND ASSOCIATES REALTY 7715-9sos No. 1724 P, 3 p.2 DeE.We & SONS SEPTIC Septic Service 414 ROXBLJRY ROAD • NEWILLE, PA 17241 (717) 776-5056 'A Strafght Flush Beats A Furl House" www.newviBe.com 1. Date of Pumping 7 i i. 10 5?- 2. `Treatment System! / Septic Tank..__ Aerobic Tank-_ Cesspool Dry Well 3. System Type..Sand Mound ? In Ground . . 4. Property Owner's Name INSPECTION 5, Description and diagram of the location of the tank (use box WOW). including the location of any markers. (sers, And A== hatches and size of the tank. Description- ,,. Z 12A ;A Ag?rk- .&,j /'.'5-" -_Ago _Cdlel &I, DQ 6. List of other maintenance performed. ( ) Baffle Replacement ( ) Extensions (riser rings) ( ) Inspection Ports ( ) Snaked the tine P?) other i? ) Q rtJ 7. Check any of the following conditions observed. ( ) High Water Level in Tank ( } Wet Areas Near System or Site ( } Noticeable Odors ( } Sewer Backup into House ( } Abundant Grass Growth Near System or Site ( ) Backfk,sh or Water from Absorption Area to Tank ?r (?) Other --) 47 /? _ - - 8. Amount of septage or other solid or semi-solid material removed. ( ) 500 Gallon Tank ( )1750 Gallon Tank ( ) 750 Gallon Tank ( ) 2000 Gallon Tank {<'1000 Gallon Tank ( ) 2250 Gallon Tank ( ) 1250 Gallon Tank ( ) 2500 Gallon Tank ( ) 1,900 Gallon Tank ( ) Other DIAGRAM alas i ?rQ,EJI ? 45,- 9. Recommendations e" e"A+wed6(m) ,4 .e4a4?rq. fall 776-5056 V" %6W 10-Destination of the septage (name of treatment facility, include address if private property) a 5964nar. 4405%4 Pa4, 1&wwd te, tW 17.041/ DER Permit a _ Pao-093513 Signature of Pumper ?J0r04;2k ?? ` -- Company ns.*.. & Sewn. Sgt?kc Sau?rea A copy of this report is to be submitted to the property owner listed above Page 2 WHITE - PROPERTY OWNER • CANARY - OFFICE EXHIBIT D Danner Construction Company, Inc. 128 Peach Orchard Road Newville, PA 17241 (717) 486-0027 August 15, 2006 Peck's Septic Service 68 Pine School Road Gardners, PA 17324 Re: 644 Baltimore Pike, South Middleton Township owners Norman & Constance Hutchison Proposed installation of holding tanks Dear Ken: I am pleased to provide you with the following cost estimate for our company to install holding tanks at the above referenced property in accordance with a septic holding tank system permit issued by South Middleton Township. In accordance with PA DEP regulations, this estimate is not valid until the Township issues sewage permit and a contract is signed. Items Included: Installation of two 2000 gallon holding tanks with visual and audible electric alarm float, with risers installed to surface of ground and connecting tank to the existing sewer line. Excavated area to be backfilled, graded and grass seed planted. Installation Costs: $ 9,213.00* *Items not included in above estimates: • Not included is the township permit fees and design costs to obtain permit. • Not included is pumping solids and liquids from the existing septic tank. • Not included is the removal of solid rock of type that is not easily removed by backhoe bucket. A rock excavation clause is required in contract. • Not include is any special anchor system to secure tank in ground due to high ground water table. • Not include is rental of special water pumps to remove ground water from excavation to install tank. Thank you for allowing us to give you this cost estimate. Please call if you have any question. Sincerely, o Jef rey Danner President Danner Construction Co., Inc. VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. L%? f `? J t nl C; b HAROLD S. IRWIN, 111, ESQ SUPREME COURT ID NO 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-243-6090 ATTORNEY FOR DEFENDANT WERT NORMAN E. HUTCHISON and : IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW TONY L. NICKEL, MELINDA K. NICKEE : NO. 2006 - 5599 CIVIL TERM and DUANE E. WERT, d/b/a/ D.E.W & SONS, Defendants NOTICE TO PLEAD TO: NORMAN E. HUTCHISON and CONSTANCE M. HUTCHISON, plaintiffs: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgment may be eptered against you. October,', 2006 HAROLD S. IRWIN,f 111 Attorney for Defen ant 64 South Pitt Street Carlisle, PA 17013 717-243-6090 A NORMAN E. HUTCHISON and : IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW TONY L. NICKEL, MELINDA K. NICKEE : NO. 2006 - 5599 CIVIL TERM and DUANE E. WERT, d/b/a/ D.E.W & SONS, Defendants ANSWER WITH NEW MATTER NOW comes the defendant Wert, by his attorney, Harold S. Irwin, III, Esquire, and files this response to plaintiffs' complaint, representing as follows: 1. The averments of this paragraph of plaintiffs' complaint are admitted. 2. The averments of this paragraph of plaintiffs' complaint are admitted. 3. The averments of this paragraph of plaintiffs' complaint are admitted. 4. The averments of this paragraph of plaintiffs' complaint are admitted. 5. The averments of this paragraph of plaintiffs' complaint are admitted. 6. The averments of this paragraph of plaintiffs' complaint are admitted. 7. The disclosure statement speaks for itself. 8. The averments of this paragraph of plaintiffs' complaint are admitted. 9. The averments of this paragraph of plaintiffs' complaint are admitted. 10. The averments of this paragraph of plaintiffs' complaint are admitted. 11. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 12. The inspection report speaks for itself. 13. The averments of this paragraph of plaintiffs' complaint are admitted. 14. The averments of this paragraph of plaintiffs' complaint are admitted. 15. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 16. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 17. The averments of this paragraph of plaintiffs' complaint are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 18. The averments of this paragraph of plaintiffs' complaint state a legal conclusion to which no response is required. However, if a response is required then these averments are denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. COUNT I - PLAINTIFFS vs. DEFENDANTS NICKLE Misrepresentation and Fraud 19. Defendant Wert incorporates by reference his responses to plaintiffs' complaint, paragraphs one through eighteen, inclusive, as fully as if set forth herein at their entirety. 20.-28. Paragraphs twenty through twenty-eight, inclusive, of plaintiffs' complaint do not pertain to defendant Wert and do not require a response from him. WHEREFORE, defendant Wert requests that plaintiffs' complaint be dismissed and that judgment be entered on behalf of defendant Wert and against the plaintiffs.. COUNT II - PLAINTIFFS vs. DEFENDANTS NICKLE Violation of Real Estate Seller's Disclosure Law 29. Defendant Wert incorporates by reference his responses to plaintiffs' complaint, paragraphs one through twenty-nine, inclusive, as fully as if set forth herein at their entirety. 30.-33. Paragraphs thirty through thirty-three, inclusive, of plaintiffs' complaint do not pertain to defendant Wert and do not require a response from him. WHEREFORE, defendant Wert requests that plaintiffs' complaint be dismissed and that judgment be entered on behalf of defendant Wert and against the plaintiffs.. COUNT III - PLAINTIFFS vs. DEFENDANTS NICKLE Breach of Contract 34. Defendant Wert incorporates by reference his responses to plaintiffs' complaint, paragraphs one through thirty-three, inclusive, as fully as if set forth herein at their entirety. 35.-38. Paragraphs thirty-five through thirty-eight, inclusive, of plaintiffs' complaint do not pertain to defendant Wert and do not require a response from him. WHEREFORE, defendant Wert requests that plaintiffs' complaint be dismissed and that judgment be entered on behalf of defendant Wert and against the plaintiffs.. COUNT IV - PLAINTIFFS vs. DEFENDANT WERT Professional Negligence 39. Defendant Wert incorporates by reference his responses to plaintiffs' complaint, paragraphs one through thirty-eight, inclusive, as fully as if set forth herein in their entirety. 40. The averments of this paragraph of plaintiffs' complaint are admitted. 41. The inspection report speaks for itself. 42. The averments of this paragraph of plaintiffs' complaint are specifically denied. On the contrary, defendant Wert did perform a proper inspection and reported that on that day, thought the drain field was damp, the septic system appeared to be in good working order. Defendant Wert's inspection and report in no way guaranteed or warranted that the septic system would be in good working order at any other time in the past or future. Furthermore, the averment of damages is denied by reason that after reasonable investigation defendant is without knowledge sufficient to form a belief as to the truth of the averments and proof thereof at trial is demanded, if relevant. 43. The averments of this paragraph of plaintiffs' complaint are admitted. BY way of further response, defendant Wert believes and therefor avers that he exercised his duty with care and diligence and in accordance with the standards of his industry. 44. The averments of this paragraph of plaintiffs' complaint are specifically denied. On the contrary, defendant Wert believes and therefor avers that he in no way breached his duty to plaintiffs, but that he exercised his duty with care and diligence and in accordance with the standards of his industry. 45. The averments of this paragraph of plaintiffs' complaint are admitted in part and denied in part. By way of further response, defendant Wert believes and therefor avers that he used his skill and knowledge to properly inspect the septic system and that he exercised his duty to plaintiffs with care and diligence and in accordance with the standards of his industry. By way of further response, and far more importantly, plaintiffs relied on the representations of the former owners, defendants Nickle, in their sellers' disclosure statement. 46. The demand of plaintiffs for punitive damages and attorney fees is improper and without merit, nor have they provided any allegations necessary to sustain such a demand against defendant Wert, if proven. WHEREFORE, defendant Wert requests that plaintiffs' complaint be dismissed and that judgment be entered on behalf of defendant Wert and against the plaintiffs. NEW MATTER 46. Defendant Wert incorporates by reference his responses to plaintiffs' complaint, paragraphs one through forty-five inclusive, as if set forth herein in their entirely. 47. Defendant Wert's septic inspection report reports that the drain field was damp on the day of the inspection, that the septic system is over 25 years old. 48. Said written report indicates that defendant Wert observed no other defects or problems with the old septic system on the day of his inspection. 49. Had defendant Wert observed problems with the septic system, it would have been to his advantage to point them out to the parties so that he could be hired to do any remediation work necessary. 50. No part of defendant Wert's inspection report provides a guarantee or warranty that the septic system is or was in good working order at any other time than on the day in question during his inspection and observation of the system. 51. However, defendant Wert did recommend that the commode "flapper" should be checked for leaking, which he felt may be the cause of the dampness he observed in the drain field. 52. The sellers' disclosure statement disclosed that defendants Nickel had the septic tank pumped out in February, 2005, and defendant Wert's inspection report indicates that he pumped out the system on July 7, 2005, only six months later. Said disclosures should have been adequate to inform the plaintiffs that they may have to have the system pumped regularly after their purchase of the property. 53. The plaintiffs have not attached a certificate of merit to their complaint of professional negligence. 54. The demand of plaintiffs for punitive damages and attorney fees is improper and without merit, nor have they provided any allegations necessary to sustain such a demand against defendant Wert, if proven. WHEREFORE, defendant Wert requests that plaintiffs' complaint be dismissed and that judgment be entered on behalf of defendant Wert and against the plaintiffs. October 33 l , 2006 Harold S. Irwin, III Attorney for Defer 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 VERIFICATION I, the undersigned, hereby verify that I am one of the defendants in this action and that the facts stated in the above answer and new matter are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. October 3 , 2006 DUANE E. WERT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of defendants Answer AND New Matter upon plaintiffs by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this undersigned date and addressed as follows: CHRISTOPHER E RICE ESQ MARTSON DEARDORFF WILLIAMS & OTTO 10EHIGH ST CARLISLE PA 17013 ? i October 3 ( , 2006 HAROLD S. IR N, III Attorney for Defe ai 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 ("7 r ? C 1 C: ._ -C Sheri D. Coover, Esquire BAILEY & OSTROWSKI Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500; (717) 221-9600 (facisimile) Attorney for Defendants Nickle NORMAN E. HUTCHISON and JN THE COURT OF COMMON PLEAS CONSTANCE M. HUTCHINSON, :CUMBERLAND CTY, PENNSYLVANIA Plaintiff . CASE NO. 06-5599 V. TONY L. NICKLE, SR., MELINDA K. NICKLE and DAUNE E. WERT d/b/a D.E.W. & SONS Defendants DEFENDANTS NICKLES' ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendants Tony L. and Melinda K. Nickle, by and through their attorney, Sheri D. Coover, Esquire and hereby avers as follows: 1. -6. Admitted. 7. Admitted. By way of further explanation, Defendants Nickle did not experience any leaks, backups or other problems relating to the sewage system and related items. 8. Admitted. 9. Denied. Defendants Nickle do not have the information or knowledge to form a belief as to any contracts that were entered into between the Plaintiffs and Defendant Wert and therefore deny this statement. 10. Denied. Defendants Nickle do not have the information or knowledge to form a belief as to what or when any inspections that were performed by Defendant Wert at the request or direction of the plaintiffs. Defendants Nickle do acknowledge that a copy of the Septic Inspection Report and Bill dated July 7, 2005 were attached to Plaintiffs' Complaint. It. Admitted. By way of further explanation, the septic system was in good working condition at all times in which the Plaintiffs owned the property including on July 7, 2005, the date of the alleged inspection. 12. Denied. Defendants Nickle do not have the information or knowledge to form a belief as to what services were performed by Defendant Wert at the request or direction of the Plaintiffs. Defendants Nickle do acknowledge that on the copy of the Septic Inspection Report and Bill that were attached to Plaintiffs' Complaint, it was indicated that Defendant Wert pumped the tank. Defendants Nickle are without knowledge or information to form a belief as to the accuracy of this representation. 13. Admitted. 14. Admitted. 15. Denied. Defendants Nickle do not have the information or knowledge to form a belief as to the accuracy of this statement. Defendants Nickle did not have problem with the septic tank while they owned the property and are not aware of any problems that developed with the septic tank after they sold the property on July 22, 2005. 2 16. Admitted. By way of further explanation, Defendants Nickle did not experience any problems with the septic tank at the subject property during their ownership of the property. 17. Denied. Defendants Nickle do not have the information or knowledge to form a belief as to the accuracy of this statement. By way of further explanation, Defendants Nickles were truthful at all times in representing to the Plaintiffs that they did not experience any problems with the septic tank during their ownership of the property. 18. Denied. This is a conclusory statement of law to which no answer is required. COUNT I - PLAINTIFFS v. DEFENDANTS NICKLE MISREPRESENTATION AND FRAUD 19. Defendants Nickle incorporate by reference all answers and defenses contained in the foregoing answers provided in paragraphs 1 through 18. 20. Denied. Defendants Nickle made no misrepresentations, through actions, communications or silence about the condition of the septic tank. Defendants Nickle did not experience any problems with the septic tank during their ownership of the property and accurately made such representations on the Seller's Property Disclosure Statement. 21. Denied. Defendants Nickle did not have excessive pumping performed on the septic system at the subject property. The septic system was routinely serviced by Pecks Septic System and the township did routine checks on the system according to Township Rules. 22. Denied. Defendants Nickle are without information or knowledge to form a belief as to the truth or accuracy of this statement. By way of further explanation, all representations made by Defendants Nickle as to the condition of the septic system were 3 accurate, as the Defendants did not experience any problems with the septic system during their ownership of the property. 23. Denied. At the time that the Plaintiffs purchased the property from the Defendants Nickle, the septic system at the subject property properly functioned. 24. Denied. Defendants Nickle deny acting in any way fraudulently or deceitfully toward the Plaintiffs. At all times, Defendants Nickle made accurate representations about the subject property, including the condition of the septic system. 25. Denied. At the time of the sale of the subject property, the septic system did properly function and Defendants Nickle did not make any misrepresentations about the condition of the septic system to the Plaintiffs. 26. Denied. Defendants Nickle deny performing any fraudulent acts, through omissions, misrepresentations and/or silence to the Plaintiffs in any way regarding the sale of the subject property, including representations, through communications or omissions involving the septic system. Further, Defendants Nickle deny that any damages were caused to the Plaintiffs as a result of any actions or omissions by the Defendants Nickle. Further, Defendants Nickle point out that the Estimate for installation of a new septic system is dated August 15, 2006, which is over a year since the property was sold to the Plaintiffs in July 2005. 27. Denied. Defendants Nickle deny engaging in any willful, malicious, wanton, reckless and outrageous conduct toward the Plaintiffs. Defendants Nickle at all times acted truthfully and made accurate representations with the condition of the subject property, including the condition of the septic system. Defendants Nickle further deny that they should be liable for any damages to the Plaintiffs, including punitive damages. 4 28. Denied. Defendants Nickle deny making any misrepresentations, through communications, omissions or silence, about the subject property to the Plaintiffs. WHEREFORE, Defendants Nickle respectfully requests this Court to grant judgment in their favor and against Plaintiff on this Count. COUNT II -- PLAINTIFFS v. DEFENDANTS NICKLE VIOLATION OF REAL ESTATE SELLER'S DISCLOSURE LAW 29. Defendants Nickle incorporate by reference all answers and defenses contained in the foregoing answers provided in paragraphs 1 through 28. 30. Denied. Defendants Nickle deny that they failed to accurately complete the Seller's Disclosure Statement. Defendants Nickle at all times made accurate representations on the Seller's Disclosure Statement. Defendants Nickle deny that they in any way violated the Real Estate Seller's Disclosure Law. 31. Denied. Defendants Nickle deny that they failed to accurately complete the Seller's Disclosure Statement. Defendants Nickle at all times made accurate representations on the Seller's Disclosure Statement. Defendants Nickle deny that they in any way violated the Real Estate Seller's Disclosure Law. 32. Denied. Defendants Nickle deny that they made any deceptive or misleading statements about the septic system of the subject property or that they failed to disclose a material defect about the septic system at the subject property to the Plaintiffs. The septic system properly worked for the Defendants Nickle for eight years during their ownership of the property and was working properly at the time that they sold the property to the Plaintiffs. Defendants Nickle did not know or have reason to 5 know or suspect that there was any problem with the septic system at the subject property. 33. WHEREFORE, Defendants Nickle respectfully requests this Court to grant judgment in their favor and against Plaintiffs on this Count. COUNT III -- PLAINTIFFS v. DEFENDANTS NICKLE BREACH OF CONTRACT 34. Defendants Nickle incorporate by reference all answers and defenses contained in the foregoing answers provided in paragraphs 1 through 33. 35. Admitted. By way of further explanation, the condition of the property was clean and everything was in working order at the time that the Defendants Nickle completed the Seller's Disclosure Statement. 36. Admitted. By way of further explanation, there were no defects with the property at the time that the Defendants Nickle entered into the Agreement of Sale with the Plaintiffs for the subject property. At the direction of the Plaintiffs, the condition of the septic system was verified by Defendant Wert, a professional in septic service and inspection, as "good". 37. Denied. Defendants Nickle deny that they failed to disclose any defects in the septic system or that they in any way misrepresented the condition of the septic system. Defendants Nickle further deny that they in any way breached the Agreement of Sale with the Plaintiffs. 38. WHEREFORE, Defendants respectfully request this Court to grant judgment in their favor and against Plaintiffs on this Count. 6 COUNT IV- PLAINTIFFS V. DEFENDANT WERT PROFESSIONAL NEGLIGENCE 39. -46. These paragraphs are directed at a Defendant other than the answering Defendant so no answer is required from the answering Defendant. submitted, Pheri D. Coover, Esquire Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 7 VERIFICATION I hereby certify that the information contained in the foregoing Answer is accurate and correct to the best of my information, knowledge and belief. The language of the document is that of counsel and not our own, however all of the facts that have been referred to by counsel was provided by myself and my spouse. I understand that this statement and verification is made subject to the penalties of perjury pursuant to 18 Pa.C.S. §4944 and that I may be held civilly and criminally liable for any false statements contained herein. Date JAIAVIIeNlf Dat Tony ickle, Sr. r Melinda Nickle 8 CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this day of November, 2006, the foregoing ANSWER was served upon Plaintiffs' counsel by United States mail first class addressed as follows: Christopher E. Rice, Esquire Ten East High Street Carisle, PA 17013-3093 4ttor ect sub mitted, D. CooverI Esquire ney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 9 -y `"? ? t J . -r-i r l .--i C ? ? _ .,?._ , , "1? -^- ?l r ; -- -G , ? - ? F.\FILES\DATAFILE\General\Current\11686.2. reply Created. 10/17/00 10'.08'.38 AM Revised: 11/02/06 10:0326 AM Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff NORMAN E. HUTCHISON and IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs 55'99 V. NO. 2006 --6999- : CIVIL ACTION-LAW TONY L. NICKLE, SR., MELINDA K. NICKLE, and DUANE E. WERT d/b/a D.E.W. & SONS Defendants REPLY TO NEW MATTER OF DEFENDANT DUANE E. WERT d/b/a D.E.W. & SONS AND NOW, come the Plaintiffs, by their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby replies to the New Matter of Defendant Duane E. Wert d/b/a D.E.W. & Sons, as follows: 46. Plaintiffs incorporate by reference their Complaint. 47. This averment is denied as the document speaks for itself. 48. This averment is denied as the document speaks for itself. 49. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment and the same is therefore denied. Strict proof is demanded at trial. 50. This averment is denied as the document speaks for itself. 51. This averment is denied as the document speaks for itself. 52. This averment is denied as the document speaks for itself. Byway of further response, Plaintiffs relied on Defendant Wert's expertise and knowledge when performing the inspection in order to make as decision as to whether the septic system properly worked. 53. Admitted. Plaintiffs are not required to file a Certificate of Merit against Defendant Wert. The claim against Defendant Wert is for negligence. 54. Denied as a conclusion of law. WHEREFORE, Plaintiffs demand judgment against Defendant Wert in the amount within the compulsory arbitration limits, plus interest, costs, punitive damages and attorney's fees. MARTSON DEARDORFF WILLIAMS & OTTO By Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: !!- ?- Q CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney for Defendant Wert Tony L. Nickel 477 North Mountain Road Newville, PA 17241 Melinda K. Nickel 477 North Mountain Road Newville, PA 17241 MARTSON DEARDORFF WILLIAMS & OTTO By `/ 7C , u ? Mary Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: / 1 /6 111 1 00 wJ " r ? C" ? f,... C".?, "? C_T" ^'" ' ' '! ex' .us ;: l _ "C '. ' n? },? + ? .Y? : ? .. .' , ` S_ "`-- :-,C .,?„ NORMAN E. HUTCHISON and : IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW TONY L. NICKEL, MELINDA K. NICKEE : NO. 2006 - 5599 CIVIL TERM and DUANE E. WERT, d/b/a/ D.E.W & SONS, Defendants ACCEPTANCE OF SERVICE On behalf of the plaintiffs, I hereby accept service of defendant Wert's Answer to Plaintiffs Complaint, with New Matter, on October 31, 2006. November / , 2006 C? Q / e f CHRISTOPHER E. RICE, ESQ. Attorney for Plaintiffs Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 717-243-3341 Supreme Court ID No. ?0 p ? +°? : w: C) _ --n ?' ? . ! }> ? '_? ?? SHERIFF'S RETURN - REGULAR CASE NO: 2006-05599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUTCHISON NORMAN E VS NICKLE TONY L SR ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NICKLE TONY L SR the DEFENDANT , at 1739:00 HOURS, on the 10th day of October 2006 at 477 MOUNTAIN ROAD NEWVILLE, PA by handing to TONY L NICKLE ST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.32 Affidavit .00 So Answers: ?C Surcharge 10.00 R. Thomas Kline .00 40.3210/19/2006 rl?bglOL ?,?, MDW&O Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUTCHISON NORMAN E VS NICKLE TONY L SR ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 'NTT rl IT = Nf LET TTTTl7T the DEFENDANT , at 1739:00 HOURS, on the 10th day of October , 2006 at 477 MOUNTAIN ROAD NEWVILLE, PA MELINDA K NICKLE by handing to 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 6.00 So Answers: Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 16.00,x` 10/19/2006 MDW&O Sworn and Subscibed to By: //. before me this day Deputy She ff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05599 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUTCHISON NORMAN E VS NICKLE TONY L SR ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WERT DUANE E D/B/A DEW & SONS the DEFENDANT , at 1205:00 HOURS, on the 18th day of October 2006 at 414 ROXBURY ROAD NEWVILLE, PA by handing to SHEENA POTH, DUANE WERT'S DAUGHTER 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: So Answers: ,.- Docketing 6.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 29.20? 10/19/2006 MDW&O Sworn and Subscibed to By: - before me this day eputy Sheriff of A. D. NORMAN E. HUTCHISON and IN THE COURT OF COMMON PLEAS OF CONSTANCE M. HUTCHISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. 5599 Civil 06 TONY L. NICKLE, SR., MELINDA K. NICKLE, and NO. 20 DUANE E. WERT d/b/a D.E.W. & SONS, Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice , counsel for the plaintiff/in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 9.21, 3.00 + The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Harold S. Irwin, III, Esq., and Sheri D. Coover, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Martso Law Off ices By Christopher E. Rice,Esq. ORDER OF COURT AND NOW, , 200___, in consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY t` y 1? Y^V l _ C=P 1 + two j?K'''?'y 4^ 1 1 . ....n }/ ff4q ? C"I NORMAN E. HUTCHISON and CONSTANCE M. HUTCHISON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 5599 Civil 06 TONY L. NICKLE, SR., MELINDA K. NICKLE, and NO. 20 DUANE E. WERT d/b/a D.E.W. & SONS3 Defendants RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice , counsel for the plaintiff/ftgHhpIxin the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 9,213.00 + The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Harold S. Irwin, III, Esq., and Sheri D. Coover, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Mart so Law Offices By 7 / ??• Christopher E. Rice,Esq. ORDER OF COURT AND NOW, azlnx S , 200_x, in consideration of the ,foregoing petition, !/ / Lt l?rmm 2& J 1o Esq., and el I& ? 04 Esq., and Ctk?. W Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. BKre , a u rt, AR . BA EY rl%l C D_ -? -0 -772- ?. C\i ?'p t? rn C-D CJ C=3 - c.i C7 LAr . GP s."' .. d oove? D.C orb NORMAN E. HUTCHISON and CONSTANCE M. HUTCHISON, In The Court of Common Pleas of Cumberland Plaintiff s TONY L. NICKLE, SR., MELINDA County, Pennsylvania No. 06 _ 5599 CIVIL TERM K. NICKLE, AND DUANE E. WERT d/b/a D.E.W. & SONS,_ _ Defendants Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with delity. Signature Signature ' 7" Si tore Marlin R. McCaleb Richard L. Webber, Jr.' hri D. Weitzman Name (Chairman) Law Offices - Marlin R. McCaleb Law Firm TIN: 23-2392754 219 East Main Street Address Mechanicsburg, PA 17055 City, zip Name Law Firm 126 East King Street Address Shippensburg, PA 17257 City, zip Name Law Firm 36 South Hanover Street Address Carlisle, PA 17013 City, zip #k 11109Ao W U99 Ao4o5 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: 5"..? .. C-7 Date of Award:_ 7. - <:?; _r z t ( ) .?? k Notice of Entry of Award Now, the day of .SWIrniher , 20__Zat _ 8:33 A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. r?bitrators' comper_sation to be paid upon appeal: $ 350.00 By: Ithonotary Deputy Comer, d S- Q.4 o1 d?