HomeMy WebLinkAbout07-0214COMNMMWEALTM OF PENNSYLVANIA
COURT OF COMMON PLEAS
CIMEF3-4 TD COUNTY
JUDICIAL DISTRICT
09-3-03
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT Of, //-0 7
COMMON PLEAS No, 0 7 ? a? / y C-z=/ ?-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District justice on the
date and in the case mentioned belaw.
DANIEL V. KINGERY
1312 GEORGETOWN CIRCLE
PA
17013
CARLISLE
12/21/06 RICHARD A. AND KATHRYN A. ROSARIO vs DANIEL V. KINGERY
CV 0000314-06 1
LT I f e4
This block will be signed ONLY when this notation is required under Pa. R.CP'JA No,
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
44;&-
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
signature of Prothonotary or Deputy 1 filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No, 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon RICHARD A. ROSARIO AND KATHRYN A. ROSARIO , appellee(s), to file a complaint in this appeal
Name of appeHe0s)
(Common Pleas No, 0 1V (-:L ? tc?. ) within twenty (20) days after service of rule suffer entry of judgment of non pros.
AA
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Sig we of f or f1IS aftww or agent
RULE: To RICHARD A. AND KATHRY?J A. ROSARIO , ye(s).
Name of appelM3e/s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing. Q
Date. s /C
svo ure of ftow 0tery or Deputy
09-3-03
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
l
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE T FILE COMPLAINT
(This proof of service MUST BE FILED' JITf- IN TEN (101) DAY AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ............. _._.?.._ ; SS
AFFIDAVIT: I hereby swear or affirm that l served
E] a copy of the Notice of Appeal, Common Teas No . upon the District Justice designated therein on
Bate of service) by personal service ? by (certitied) (registered) mail, sender's
receipt attached hereto, and upon the appellee, on
E1 by personal service [I by (certified) (registered) mail, sender's receipt attached hereto.
® an_d further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) towhom
b ersr b certifaedregstered
the Rule was addressed on Y p C Y t
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS 1111-1- DAY OF
Sranaturp
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COMMONWEALTH OF PENNSYLVANIA
COUNTY op. CUMBERLAND
Mag. Dist. No.-
09-3-03
MDJ Name: Hon.
SUSAN X. DAY
Add`ess: 229 KILL ST, BOX 167
HT. HOLLY SPRINGS, PA
Telephone: (717 ) 486-7672 17065
ATTORNEY DEF PRIVATE :
DOUGLAS G. MILLER
60 N POMFRET ST
60 W POMFRET ST
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rROSARIO, RICHARD A. & IFATHRYN A.
6 MOUNTAIN VIEW DR.
MT. HOLLY SPRINGS, PA 17065
L J
VS.
DEFENDANT: NAME and ADDRESS
rXINGERY, DANIEL V
1312 GEORGETOWN CIR.
CARLISLE, PA 17013
L J
Docket No.: CV-0000314-06
Date Filed: 10/31/06
(Date of Judgment) 12/21/06
Judgment was entered for: (Name) ROSARIO, RICHARD A., & KATHRYN
® Judgment was entered against. (Name) SINGERY, DANIEL V
in the amount of $ 7.056.1
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
1-1 This case dismissed without prejudice.
0 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
171 Portion of Judgment for physical damages arising out of
residential lease
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ o,:sys.ya
$ 16
$ .00
$ 7,056.171
Post Judgment Credits $
Post Judgment Costs $
Certified -Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISIONYOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF-APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
f Cr Date , Magisterial District Judge
I certify that this is a true d Correc copy of the reco d of th proceedings containing the'judgment.
Date , MagistbrO.Dist ict Judge
f
My commission expires first Monday of January, 2010 s SEAL..
AOPC 315-06
DATE PRINTED: 12/21/06 9:08:00 AIL
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FIL MA
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALI O PENNSYL ANIA
COUNTY OF ...... ..... ---._g SS
AFFIDAVIT. I hereby swear or affirm that I served
Gg a copy of th( Appeal, Common Plus No. _-._gL4........... .... upon the Distr Justice desig, 3tc , in on
(date of service) _11-1 by personal service ? by,, 1) gistered) mx " sender's
r ceiot attached he to; and upon the appellee, (are _
® by personal service (g by (certified) (registered ail, sender's receipt attached hereto.
jbt?
54 a A further t at l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was ressed on _._. by person, e L by (Wog : (r: ad)
mail, sender 3 €ot attached reto.
SWORN (AFFIRMED) AND,,JBSCRIBED BEFORE ME
THIS --;-?/ DAY 1F
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COMMONWEALTH OF PENNS VAIdIA
I`„ ¢ ia` 3a.8d
IC C t ?l + ;t :?? Public
Lmy art,sle E3 ,r.; a laud County
Commtssto; .dues Dec. 8, 20007
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COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS'
CUMERLAND COUNTY FROM
JMCIAL DISTRICT
09-3--03 DISTRICT JUSTICE JUDGMENT
.
COMMON PLEAS N&
C c / ?? L-rs rt" e ' -
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
DANIEL V. KINGERY 09-3-03
ARESSS OF CITY STATE ZIP CODE
1312 GEORGETOWN CIRCLE, CARLISLE PA 17013
DATE AAGMENT IN THE CASE OF (Plaintiff) (DerWXWW)
12/21/06 RICHARD A. AND KATHRYN A. ROSARIO vs DANIEL V., KINGERY
CLAIM SIGNATURE OF APPELLANT Olt HIS ATTORNEY NT
CV 0000314--06 F?
f% 01 41J&
LT ?U
will be signed ONLY when this notation is
Pa. R.C.P JP. No. If appellant was CLAIMANT (see ft. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE CCMAPLA MN '/w`'?) FILE .
M I:"
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in ti , be District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon RICHARD A. ROSARIO AND KATHRYN A. ROSARIO appellee(s), to file a C4lairif Ih this appeal
Name of appellee(s)4 '
(common Pleas No, D 7. Q y, / (x,?,r_( c?.., ) within twenty (20) days a14er? servile of rL it?ffrbFr r`y``? f judgment of non pros.
X
Signature of appeNant or in attorney or agerN
RULES To RICHARD A. AND KA3'HRYN A. ROSABIO aPP?(s?
Name of appettpe(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered moil.
plaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(2) If you;do'.?ior 46' d.g?'Vi
(}he date of service of thr6 Pyle if service was by mail is the date of mailing
r
Date: I- A d
" Sg mhye of AoMamisry or DVW
*4 i
j' !y? 4COURT FILE
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
: No. 07-214 CIVIL
NOTICE TO PLEAD
To: Mr. and Mrs. Daniel V. Kingery
% Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013-3222
You are hereby notified to file a written response to the enclosed Complaint
within twenty (20) days from service hereof or a judgment may be entered against
you.
Date: 3 t off- ??-?
KATHRYN A. ING E-ROSARIO
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
No. 07-214 CIVIL
COMPLAINT
1. Richard A. Rosario and Kathryn A. Ingle-Rosario (Plaintiffs) reside at
6 Mountainview Dr. Mt. Holly Springs PA 17065.
2. Defendants, Mr. and Mrs. Daniel V. Kingery are husband and wife
residing at 1312 Georgetown Circle, Carlisle PA 17013.
3. Plaintiffs filed a civil lawsuit in small claims court on 10-31-06 at
District Justice Susan Day's office. Case was heard on 12-19-06 and judgment
was entered for the plaintiffs against the defendants.
4. Appeal was received and signed for by plaintiffs on 01-16-07.
5. The following claims are again brought before this court:
a. Failure to disclose material defects in sewer system
b. Breach of Contract
c. Recoup of costs associated w/repair and restoration of proper sewer-
related functions
d. Restoration of basement flooring and paneling rendered unfit for use.
6. The Plaintiffs purchased the property at 6 Mountainview Dr. Mt Holly
Springs from the defendants on Nov 3, 2004.
7. Five days after purchasing the property, on November 8, 2004, the
sewer line backed up into the basement.
8. Plaintiffs called FastRooter and had the sewer line cleared on Nov. 11,
2004 for $175. The defendant later reimbursed that cost.
9. Less than one week later on Nov. 15, 2004 the sewer again backed up
into the basement.
10. Plaintiffs again called FastRooter to clear the line. FastRooter
augered the line again on Nov. 17, 2004 and this time used a camera to further
investigate the problem. A tape of that result was made on Nov. 17, 2004.
Plaintiffs were advised that there were tree roots clogging the line between the
home and the municipal sewer piping. Cost $290.00.
11. Based on the tape of the inside of the sewer line the Plaintiffs were
advised by FastRooter that the backup was caused by the tree roots growing into
the broken terra cotta piping. Plaintiffs were further advised that further line
cleaning would be ineffective in solving the problem as tree roots would continue
to grow as they had until the piping was replaced and sealed.
12. Defendants were aware of the facts in paragraphs 10 and 11 above
two years prior to the sale of the house.
13. The large silver maple in the yard nearest the sewer line was the
source of the roots in the line and without taking down the tree this problem would
continue to repeat itself.
14. Plaintiffs again made a demand for the Defendant for payment of
costs and charges accrued Nov. 17, 2007.
15. Plaintiffs also demanded costs to dig up the affected sewer lines and
replace them in accordance with South Middleton Township Municipal Authority
(SMTMA) regulations.
16. Defendants denied any responsibility and refused to pay for repairs
and restoration of fully functioning service of vital sewer lines.
17. Plaintiffs were thus forced to pay for and complete this work within
weeks of purchasing the home causing incredible financial stress and hardship.
For one week the plaintiffs even had to go to the local Sheetz to use a bathroom.
18. On Nov. 25, 2004 (Thanksgiving Day) plaintiffs were forced to
replace the piping by digging a 10 foot deep trench from the house foundation to
the street. All existing terra cotta piping was replaced with PVC piping. All
exposed tree roots were also dug out. All work was completed in accordance with
and inspected by the SMTMA Sewer system administrator. Chris Thorpe, field
coordinator, approved the final repair on Nov 26, 2007. (See attached Exhibit A)
COUNT I: FAILURE TO DISCLOSE MATERIAL DEFECTS
19. Defendants signed a document entitled Seller's Property Disclosure
Statement on July 9, 2004 which in pertinent part, paragraph 8(h), states that "he
was not aware of any leaks, backups, or other problems relating to any of the
plumbing, water, and sewage-related items." Aforementioned document is
attached as Exhibit B.
20. Defendants' statement was false and intended to conceal a material
defect for fraudulent financial gain.
21. Defendants, contrary to the property disclosure statement, were aware
of problems with tree roots in the sewer lines for over a period of two years (since
April 2002) when FastRooter had advised the defendants of the tree roots clogging
the lines and the need to replace the sewer piping.
22. Instead of having the piping dug up and replaced as advised, the
defendants periodically had the line attended to by FastRooter as a course of
regular maintenance, providing a temporary fix to a long term problem.
23. Had Plaintiffs been advised of this problems plaintiffs would not have
purchased this home at the agreed upon price without having the sewer line fixed.
24. Plaintiffs relied on the defendants statements as set forth in the
disclosure and would not have purchased the property.
25. The material defect knowingly and intentionally concealed by the
Defendants is not of a nature that can be seen by visual observation, or by the most
experienced building inspector.
COUNT II: BREACH OF CONTRACT
26. Plaintiffs contracted with the Defendants to buy a home with three
bedrooms, two full baths and a partially furnished basement. (see attached Exhibit
C)
27. Contrary to the agreement between the Plaintiffs and the Defendants
the plaintiffs have been deprived of the use of one full bathroom since Nov. 2004.
28. Plaintiffs have been deprived of the use of our second bathroom since
Nov 2004 due to contamination, noxious odors, and an increased risk of disease.
29. Sewage in your home is considered hazardous waste and cannot be
removed with simple carpet cleaning measures. The flooring and subflooring of
the bathroom is still contaminated as is the surrounding basement carpeting.
30. As a direct consequence of Defendants' failure to disclose material
defects, Defendants breached the contract with the Plaintiffs in that the Plaintiffs
have been denied use of the home as purchased from the Defendants.
31. Defendants also breached the contract with Plaintiffs in that
Defendants breached both express and implied warranties.
COUNT III: RECOUP COSTS ASSOCIATED WITH REPAIR AND
RESTORATION OF PROPER SEWER-RELATED FUNCTIONS
As a result of counts I and II the following damages were sustained:
32. Costs of repair and restoration are listed as follows and attached as
exhibits C 1-7:
a. Second visit by FastRooter necessary to open the line enough to use
the bathroom, shower, sinks and laundry equipment
$ 290.00
b. Power auger rental and pipe cutter $ 61.75
c. 1.3 tons of sand $ 8.27
d. Deep trench bobcat rental $ 318.64
e. Use of certified contractor $19500.00
f. Tree removal and stump grinding $ 530.00
g. Cost for estimate from Restorecore $ 50.00
Total unrecovered costs: $2758.66
COUNT IV: RESTORATION OF BASEMENT FLOORING AND
PANELING RENDERED UNFIT TO USE
33. The internal restoration costs are in addition to recovery of the repair
costs of the external line as sustained in Para 30.a-g.
34. As mentioned above, when flooring is contaminated with raw sewage
and waste it becomes a hazardous material situation requiring special cleanup
procedures.
35. As a result of the averment in Para. 32 commercial carpet cleaners
could not be used and the plaintiffs had to pay to get an estimate to restore/repair
the bathroom, basement closet, basement and basement stairs. Restorecore of
Harrisburg gave an estimate of at least $8,637.52 to complete this work. This does
not include the cost of replacing any carpet or paneling. Document is attached as
exhibit D. (Estimate dated 9/29/05)
36. It is believed and therefore averred that Plaintiffs will incur additional
financial damages due to the necessity of replacing the basement carpet and
paneling, plus installation. Plaintiffs estimate this cost to be over $5000.00.
COUNT V: PUNITIVE DAMAGES
37. Defendants' actions at all times were willfully malicious and
knowingly intended to mislead the Plaintiffs.
38. At all times the Defendants' actions were intended to defraud the
plaintiff and afforded the Defendants fraudulent financial gain.
39. Defendants willingly and knowingly, both verbally and in writing,
denied that any problem with the sewer piping with the intent to defraud the
Plaintiffs for financial gain. Defendants were told and knew that the sewer line
was in need of replacement.
40. Defendants went so far as to replace a sump pump in an attempt to
further conceal the real problem of the pipeline blockage.
41. Defendants' actions, inaction, and statements warrant the imposition
of punitive damages.
42. In addition to punitive damages, we, the Plaintiffs, are entitled to
judgment against the Defendants in the total amount of:
a. $ 163.25 Cost to file suit 10/31/06 (reimbursable legal cost)
b. $ 2,758.66 Unrecovered costs to date
c. $ 8,637.52 Cost to restore basement and bathroom
d. $ 5,000.00 Attorney's fees
e. $16,559.43 Total
WHEREFORE, the Plaintiffs demand judgment against the Defendants in
the amount of $16,559.43 plus interest, and further demand punitive damages
against the Defendants including but not limited to attorney's fees and all costs of
litigation.
?'- V 0 4,
F- I
Richard A. Rosario
Date: /_3/_0?
'Y 61 t -
Kathryn A. Ingle-Ros io
Date: .3 t ? p:..
45xw`b;?-A
S" %Mgm 1"Aq Vw* A
P.O. Box 8
345 Criswell Drive
Boiling Springs, PA 17007-0008
Arthur E. Bear, Operations Manager
email: smtma@smtma.org
April 21, 2005
To whom it may concern,
Administration of:
Sewer System
Water System
Telephone: 717-258-6476
Fax: 717-258-3599
Website: www.smtma.org
The Rosarios contacted our office in November 2004 concerning a sewer blockage at
6 Mountain View Drive. The Municipal Authority crew inspected the main sewer line in
front of the property and found it to be clear of any obstruction. I met with the Rosarios
and their plumber on site to discuss their options. The plumber was unable to clear the
line with a power auger. The blocked section of pipe had to be excavated, cut out, and
replaced in accordance with S.M.T.M.A. regulations. The excavation that was necessary
encompassed an area approximately 6' x 10' to a depth of about 6'/z'. The replacement
pipe and cleanout access standpipe met Authority requirements and the work was
inspected and approved on November 26, 2004. The cause of the problem was
determined to be roots from a large maple tree in the side yard of the property.
Q4?'? r1po?tut-r-
Christopher D. Thorpe
Field Operations Coordinator
South Middleton Township Municipal Authority
SELLER'S PROPERTY DISCLOSURE STATEMENT SPD
Ptore-frrAddress 0 -tQI ! lX I( (v 41 p i !) /',
!
2 r -
3 Seller P t- _?-
4 A seller must disclose to a buyer all know ateri 1 defects about property being sold that are not readily observable. This disclowre
5 statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating, the propc-fly being
6 considered.
7 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for
9 any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or it warranty or
9 representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns
10 about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation
„ to disclose a material defect that may not be addressed on this form.
12 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the
13 residential real property or that involves an unreasonable risk to people on the land.
14
1. SELLER'S EXPERTISE Seller does not possess expertise in contracting, engineering, arhitecture, or other areas related to the
16 construction and conditions of the property and its improvements, except as follows:
17 2. OCCUPANCY
16 (a) Do you, Seller, currently occupy this property? ? Yes bCNo
19 If "no," when did you last occupy the property? i 1'J(''?l i f, G r,
20 (b) Have there been any pets living in the house or other structures during your ownership? Yes ? No
21 If "yes," describe: C A I
_2
23
24
3. -
ROOF
(a) Date roof installed: Documented? ? Yes ? No ? Unknown (-i
25 (b) Has the roof been replaced or repaired during your ownership? ? Yes SxNo
26 (c) If "yes," were the existing shingles removed? ? Yes ? No ? Unknown
27 (d) Has the roof ever leaked during your ownership? ? Yes 0 No
26 (e) Do you know of any problems with the roof, gutters or downspouts? ? Yes I No
29 Explain any "yes" answers that you give in this section:
30
31 4. BA SEMENTS AND CRAWL SPACES (Complete only if applicable)
32 (a) Does the property have a sump pump? I Yes ? No ? Unknown
a3 (b) Are you aware of any water leakage, accumulation, or dampness within the basement or crawl space? 9 Yes ? No
34
?`' ',
If "yes," describe in detail: ?. c
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35 010-
36 (c) Do you know of any r p s or other attemp to ontrol y water or dampness problem in the basement or crawl spa<:e'?
37 ? Yes ix No
36 If "yes," describe the location, extent, date, and name of the person who did the repair or control effort:
39
5. _
TERMITES/WOOD-DESTROYING INSECTS, DRYROT, PESTS
>> (a) Are you aware of any termites/wood-destroving insects, dryrot, or pests affecting the property? ? Yes I?lNo
(b) Are you aware of any damage to the property caused by termites/wood-destroying insects, dryrot, or pests? ? )'es E;?No
43 (c) Is your property currently under contract by a licensed pest control company? ? Yes 0 No
44 (d) Are you aware of any termite/pest control reports or treatments for the property in the last five years? ? Yes C)C'No
45 Explain any "yes" answers that you give in this section, including the name of any service/treatment provider, if applicable:
46
17 6. STRUCTURAL ITEMS
46 (a) Are you aware of any past or present water leakage in the house or other structures? ? Yes ,;( No
49 (b) Are you aware of any past or present movement, shifting, deterioration, or other problems with walls, foundations, or other struc-
50 tural components? ? Yes 'Po
5 (c) Are you aware of any past or present problems with driveways, walkways, patios, or retaining walls on the property?
52 ? Yes No
53 (d) rty constructed with an Exterior Insulating Finishing System (EIFS), such as drivit or synthetic stucco?
Is your pr;
54 ? Yes ? Unknown
No
55 If "yes," describe any known problems:
56
57
Se SPD Page 1 of 4 Seller Initials:
® Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSW IW7
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a y defects in flooring, including stains? ? Yes 1?No ? Unknown
es," explain:
Explain any "yes" answers that you give in this section. When explaining reports to`control or'repair, please describe the loca-
tion and extent of the proo, apd Olgdaje,ar?d_person by whom the work was done, if known:
ADDITIONS/REMODELS Have you made any additions, structural changes, or other alterations to the property? ? Yes u
If "yes," describe:
WATER AND SEWAGE
(a) What is the source of your drinking water? Alrublic Water ? On-Site Water (Well on Property)
? Community Water ? None 0 Other (explain)
(b) If your drinking water source is not public:
When was your water last tested? What was the result of the test?
Is the pumping system in working order? ? Yes ? No
If "no," explain:
(c) Do you have a softener, filter, or other purification system? ? Yes 0"'No
If "yes," is the system ? Leased ? Owned =
(d) What is the type of sewage system? Alfublic Sewer ? Individual On-lot Sewage Disposal System
? Individual On-lot Sewage Disposal System in Proximity t(Well ? Community Sewage Disposal System
? Ten-acre Permit Exemption ? Holding Tank Q Ndne ,, 9 J?pne Available/Permit Limitations in Effect
If Individual On-lot, what type? ? Cesspool t Drainfield 0 Unknown ? Other (specify):
Is there a septic tank oft the Property? ?,.Ye$ P-No ? Unknown
If "yes," what is the type of tank? 0 Metal/steel' ? Cement/concrete ? Fiberglass ? Unknown
? Other (specify):
Other type of sewage System (explain):
(e) When was the on-site sewage disposal system last serviced?
(f) Is there a sewage pump? ? Yes ? No
If "yes," is it in working order? ? Yes ? No ?,.
(g) Is either the water or sewage system shared? ? Yes ? No -
If "yes," explain: ?-
(h) Are you aw?f any leaks, backups, or other problems relating to any of the plumbing, water, and sewage-related items'?
? Yes No
If "yes," explain: :-
PLUMBING SYSTEM "
(a) Type of plumbing: (Copper ? Galvanized ? Lead ? PVC ? Unknown
? Other (explain):
(b) Are you aware of any problems with any of your plumbing fixture (e.g., including but not limited to: kitchen, laundry, or bath-
room fixtures; wet bars; hot water heater; etc.)? ? Yes o
If "yes," explain: -
HEATING AND AIR CONDITIONING
(a) Type of air conditioning: ? Central Electric ? Central Gas Wall ? None
Number of window units included in sale Location l 11/1 rl / !Oom
(b) List any areas of the house that are not air conditioned: ?-
(c) Type of heating: ? Electric Fuel Oil ? Natural Gas ? Propane (On-site) //,C;
Are there wood or coal burnir?Yes ves? WYes ? No If "yes," how many? Are they working? C „}'es ? No
Are there any fireplaces? ? No If "yes," how many? Are they working? - I-Yes ? No
Other types of heating systems (explain):
(d) Are there any chimneys? Yes ? No If "yes," how many? -.2
When were they last cleaned? (,- a002
(e) List any.,areas of the house that are not heated:
(f) Type of -water heating: ? Electric ? Gas ? Solar 71,Pther:
(g) Are you aware of any underground fuel tanks on the property? ? Yes ,! rNo ;
If "yes," describe:
If tanks are not owned, explain:
(h) Are you aware of any problems with any item in this section? ? Yes "o
If "yes," explain:
Are they working? Yes ? No
rn
SPD Page 2 of 4 Seller Initials: ?'
SAL SYSTEM Are you aware of any problems or repairs needed in the electrical system? ? Yes ?I No
R EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete only if applicable)
uipment and appliances- ultimately included in the sale will be determined by negotiation and according to the terms of the
Agreement of Sale. =
(a) ? Electric Garage Door Opener No. of Transmitters f j 2
(b) ? Smoke Detectors How many? 5- Location !>?;??' ?? /-?' Y ° ! z ( 67 r't -mac - jr
(c) ? Security Alarm System ? Owned ? Leased ? Lease Information
(d) ? Lawn Sprinkler No. ? Automatic Timer =.
(e) ? Swimming Pool ? Pool Heater ? Spa/Hot Tub
Pool/Spa Equipment (list):
(f) ? Refrigerator V Range ? Microwave Oven ? Dishwasher ? Trash Compactor ? Garbage Disposal
(g) ? Washer ? Dryer
(h) ? Intercom i 2.0 Z 4, 7 410/ r
(i) ? Ceiling fans No. Location
(j) ? Other: 4I r
Are any items in this section in need of repair or replacement? ? Yes ?O'No ? Unknown
If "yes," explain:
LAND (SOILS, DRAINAGE, AND BOUNDARIES)
(a) Are you aware of any fill or expansive soil on the property? ? Yes )tL No
(b) Are you aware of any sliding, settling, earth movement, upheaval, subsidence, or earth stability problems that have occurred on
or affect the property? ? Yes A No
Note to Buyer: The property may be su ject to mine subsidence damage. Maps of the counties and mines where mine subsidence
damage may occur and mine subsidence insurance are available through: Department of Environmental Protection, Mine Subs1-
deuce Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100
(outside Pennsylvanial).
(c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property?
? Yes No
(d) To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? ? Yes )a_No
(e) Do you know of any past or present drainage or flooding problems affecting the property? ? Yes ? No
(f) Do you know of any encroachments, boundary line disputes, or easements? ? Yes No
Note to Buyer: Most properties have easements running across them for utility services and other reasons. In many cases, rile : -
easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers ina11 wish to
determine the existence of easements and restrictions by examining the property and ordering an Abstract of Title or searching
the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale.
(g) Are you aware of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements?
? Yes No
Explain any "yes" answers that you give in this section:
HAZARDOUS SUBSTANCES
(a) Are you aware of any underground tanks (other than fuel tanks) or hazardous substances present on the property (structure or soil)
such as, but not limited to, asbestos, Polychlorinated biphenyls (PCBs), Ureaformaldehyde Foam Insulation (UFFI), etc.'?
? Yes J 'No
(b) To your knowledge, has the property been tested for any hazardous substances? ? Yes A No
(c) Do you know of any other environmental concerns that might impact upon the property? ? Yes A No Explain any "yes" answers that you give in this section:
167
,5; (d) Do you know of any tests for radon gas that have been performed in any buildings on the property? Al Yes ? No
,54 If "yes," list date, type, and results of all tests below:
170 DgTE {1_. TAE OF TES RESULTS (picocuries/liter or working levels) AME,OF ESTINQ.SERVICE
171 10-
72
I1:
174
175
!7E
77
'.7E
175
aG
'61
82
(e) Are you aware of any radon removal system on the property? ? Yes ? No
If "yes," list date installed and type of system, and whether it is in working order below:
DATE INSTALLED TYPE OF SYSTEM PROVIDER
Z9197
SPD Page 3 of 4
WORKING ORDER
*Yes C3 No
? Yes ? No
? Yes ? No
Seller Initials: ,??'?,
erty was constructed, or if construction began, before 1978, you must disclose any knowledge of lead-based paint on the
perty. Are you aware of any lead-based paint or lead-based paint hazards on the property? ? Yes ANo
'if "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces:
j (g) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint
60 or lead-based paint hazards on the property. Are you aware of any reports or records regarding lead-based paint or lead-based
169 paint hazards on the property? ? Yes Q,'No
190 If "yes," list all available reports and records:
192 15. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable)
193 Type: ? Condominium ? Cooperative ? Homeowner Association or Planned Community
194 Other
195 Notice regarding Condominiums, Cooperatives, and Planned Communities: According to Section 3407 of the Unifonn Condo-
196 minium Act (68 Pa. C.S. §3407 (relating to resale of units) and 68 Pa. C.S. §4409 (relating to resale of cooperative interests)] and
197 Section 5407 of the Uniform Planned Community Act [68 Pa. C.S. §5407 (relating to resale of units)], a buyer of a resale unit in a ;
198 condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plaits), the b1-
199 laws, the rules or regulations, and a certificate of resale issued by the association in the condominium, cooperative, or planned c-ou1-
200 munity. The buyer will have the.option of canceling the agreement with the return of all deposit monies until the certificate has beer[ :.:
201 provided to the buyer and for five days thereafter or until conveyance, whichever occurs first.
202 16. MISCELLANEOUS
203 (a) Are you aware of any historic preservation restriction or ordinance or archeological designation associated with the propeny" ::.
204 ? Yes trNo
205 (b) Are you aware of any existing or threatened legal action affecting the property? ? Yes No 2;;
zo6 (c) Do you know of any violations of federal, state, or local laws or regulations relating to this property? ? Yes- No 2a
207 (d) Are you aware of any public improvement, condominium or homeowner association assessments against the property that remain :c
208 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? ? Yes ,81`-110 2. c
209 (e) Are you aware of any judgment, encumbrance, lien (for example, co-maker or equity loan), overdue payment 09 a support obli-:
210 gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? ? Yes No : -
211 (f) Are you aware of any reaso including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 1
212 property? ? Yes No 2 ,,7
213 (g) Are you away of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form'? ?•;
214 ? Yes 7NO
215 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of
216 the residential real property or that involves an unreasonable risk to people on the land.
217 Explain any "yes" answers that you give in this section:
218
219
22o The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best
221 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this information to prospective buyers of the prop-
222 erty and to other real estate licensees. SELLER ALONE IS RESPONSIBLE. FOR THE ACCURACY OF THE INFORMATION
223 CONTAINED IN THIS STATEMENT. Seller shall cause Buyer to be notified in writing of any information supplied on this form
224 which is rendered inaccurate by a change in the condition of the property following completion of this form. 2a4
221,
' _
226 WITNESS SELLER DATE ?/9!'0`f
227 WITNESS SELLER DATE
228 WITNESS SELLER DATE
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to the provisions of the "Real Estate Seller Disclosure Act," the undersigned executor, administrator or trustee is not required to fill out a Seller'; Rropen?
Disclosure Statement. The executor, administrator or trustee, must, however, disclose any known material defect(s) of the property.
DATE
RECEIPT AND ACKNOWLEDGEMENT BY BUYER
The undersigned Buyer acknowledges receipt of this Disclosure Statement. Buyer acknowledges that this Statement is not a warranty and that, unless
stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as
to the condition of the property. Buyer may request that the property be Inspected, at Buyer's expense and by qualified professionals, to determine the con-
dition of the sir cture o its com onents.
r
WITNESS BUYER DATE 20 WITNESS BUYE DATE 4* 12-n!?I- 011
WITNESS BUYER DATE I
! SPD Page 4 of 4
?3c
2.t
=i
Jan 30 07 05:59p
r
Spencer tL Spencer
17171258-4471 p.11
?x?+?.ib ?II• C.,
status sofa Type Detached City Mount Holly Springs LP$ $128,000
SO: SPENCER & SPENCER, REALTORS CLO:10/30/2004 MT 67 Flm: Conventional SP$ $128,000
Quick Links ® M1 6 Mountainview Drive Area 7 JIOIQ5109
Mun Mount Holly Sp Subdivision Sch Dist S Middleton County Cumberland
Dir From Carlisle 34S toward Mt Holly Sprgs, past elem school to L on Mountainview
Tot Sq Ft Above 1170 Square Ft Source Public Records Square Feet Below
Lot Dim Acres 0.41 Year Built +/- 1958
Design Ranch Style 1 Story Const Brick Ext Bride
Bsmt Partially Finished Parking 1 Car Garage, Attached, Pav Warranty
# Br -3 # eth: F2 N *FP 2 ax 1400 Year 2004 Possession
Level Bth: F H Condo Fee
Room Lvl Dim Room Lvl Dim Appl Range-gas
LR Level 1 21 X 12 4 MBR Misc. Room:
DR BRl Level l 13x11 Cool
FR BR2 Level 1 12x10 Heat Baseboard, Hot Water, Oil
DEN BR3 Level 3 121"x10' Aux Heat Wood/Coal Stove
KIT 15'8" x 1 BR4 Wt Swr Public Sewer, Public Water
BR5 Ext Feature: Out Buildings, Patio, Storm Doors, Exist
OR 1 Equip Smoke Detectors
OR 2 Dining Eat-In IGtchen
OR 3 Virtual Tour
ALL BRICK, 36R, 2 FULL BATH RANCHER WITH 1 CAR ATTACHED GARAGE ON LARGE FENCED LOT
SHO: Cali List Office LOX LO SPENCER & SPENCER, REAL office (717) 258-4666
SAC 3 BAC 3 OAC TLC 1076 HARRISBURG PIKE CARLISLE, PA 17013
LA SHARON SPENCER (717) 241-2936 spencer@pa.net
LA 2 LT Exclusive Right
LA 3 Ow
information provided is deemed reliable but not guaranteed
01/3012007 03:07 PM CST
JAN 30 '07 17 14 717 258 4471 PAGE.11
e Xttiib? a ID . ,
EIN#23-2716480 15T 3 7 16 ?
ROOTER
SEWER & DRAIN CLEANING SERVICE
Send payment to: P.O. Box 8284
Lancaster, PA 17604-8424
YORK-848-6043 COLUMBIA-684-1681 LANCASTER-393-7765
Name R1C Kd S ?4 9
Bill To
pddess r v w t J tAS2 I IV S,
Phone L 9-b-- L# o ?_. Date &/a 2004
Line Cleaned (mc"tI'1
Length & Size of Line
Remarks: laC'J 1 1
RETURNED & DISHONORED CHECKS
WILL INCUR A $20.00 SERVICE CHARGE
I hereby acknowledge the satisfactory completion of
the above described work & accept the conditions on
reverse side.
t4t AM t
Time In _ PM Servicema5ioa j
t
AM
D
Time Out I X ' PM
Terms Payable Upon COMPLETION OF JOB
TOTAL AMOUNT DUE: O t Q
Customers Name (Please Print)
Customer Signature
Length I!(J`
G.yarantee M-F, 8 AM-5 PM. 5
s ice call for after 5' P and
we ends. Guarantee valid
for: 1 turn up to 1 r'of free
service the li described
above fails d in. "Guarantee
void if line is ed with any for-
eign obje . cludi sticks, rags,
leave , food, dirt, etc., or N
se d section of pipe
mechanical problem. This rei
is your guarantee.
ly
Rental Service
? 1625 Ritner Highway
Carlisle, Pa. 17013
Phone
(717) 249-7110 (717) 249.7144
After Hours (Emergency Only) (717) 249.5585
THE ITEMS RENTED ARE RENTED AT THE RATES SET FORTH BELOW AN
YOUR POSSESSION, SUBJECT TO A MINIMUM CHARGE.
PENNSYLVANIA CRIMINAL LAW DEFINES ANY OF THE FOLLOWING ACTS AS THEE"
1. Signing a rental agreement with a name other than your own.
2. Failing to return rental property within the specified time.
3. Using deception of any kind to avoid payment.
A CLEANING FEE WILL BE CHARGED ON EQUIPMENT RETURNED DIRTY
Do not rely on others to return equipment rented, the responsibility is yours.
WEEKLY & MONTHLY RATES ONLY APPLY IF RENT IS PAID IN ADVANCE
-
HOURS: MONDAY-SATURDAY 7:30 A.M. TO 5:00 P.M. THIS EQUIPMENT FOR RENTAL ONLY NOT FOR SALE
#*N7ED TO ADDRESS A3 WHk £WIP EN C WILL t U90 TICKET NO.
II
R0.1_33i4P,10, RICHARD
1i.: . ail.#i_ L''
I
IDEWWICA M 41 C7C79 sS .?t?r iFlCAT#ON RHONE LtX T?fJIE
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6
# r, r_.~ 1?t l?3 " r 85' P01WEP IUGEf' r,t"i ELL I~' ;n . 0 , . , ..
is ir'_ ?' 7!y 4: }4 t 01 01 C.' 00 ?' .,. 0}
i Ux'01 --100 01 01,., PIP e?TTEP? ?ti I r' 1 :_ . c.? _•
1 -1 50 J1, 50 1 4 x 162. Q11In
e n t 5
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SPECIAL INSTRUCTIONS: RESERVATION RENTAL
ESTIMATE CONTRACT
C.': her; tai
rr
? , ?' air 't r•.1..
t :
READ BEFORE SIGNING:
1 DO HEREBY CERTIFY THAT 1 HAVE THIS DAY RECEIVED .
FROM LESSOR THE ITEMS LISTED ON THIS CONTRACT, HAVE ?.'
PERSONALLY INSPECTED THE ITEMS AND FIND THEM SUITABLE
FOR MY NEEDS AND IN GOOD CONDITION AND FULLY UNDER-
STAND ITS PROPER USE, AND I AGREE TO THE TERMS ON THE
FACE AND REVERSE OF THIS CONTRACT. -
SIGNATURE X s -
;1 it
WE CHARGE FOR TIME OUT: NOT TIME USED
"'
YOUR PROMPT RETURN WILL SAVE YOU MONEY
CX%0.00jT r?.
HEMPT BROS., INC.
TOLAND PLANT
Main Office: Toland Plant:
P.O. Box 278 4700 Carlisle Rd.
Camp Hill, PA 17001-0278 Gardners. PA 17324
Phone 737-3411 Phone 486-5111
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Received By:
Our prices are based on•stteet curb delivery. Any deviation from this will be at Customer's risk. We will not be responsible for any damages to Curbs,
Sidewalks. Driveways, Grounds or property thereon. WARNING: Product may contain Silica, Crystalline-Quartz. Continued/Prolonged inhalation
of dust (<10 Micron size) without NIOSH/MSHA approved respiratory protection may cause Silicosis. See MSDS for detailed information.
:USTOMER ORIGINAL
'If[ri \V SR. E. n, ",-Sr1111!:?IIIJ
viti 1103411 Hours: Lxk?bi?
5120 East Trindle Road Monday -Saturday 7:00 am to 5:30 pm. _J RENTAL C'()NTRACT-T> `{
L. _
Mechanicsburg. PA 17050 Sunday -Seasonal i INVOICE
HENTAI - 50.1.14 - SER\'Itf
RENTED TO: ADDRESS AT WHICH EQUIPMENT WILL BE USED. TICKET NO.
ROSARIO, RICHARD SAME
6 MOUNTAIN VIEW DR
MT. HOLLY SPRINGS PA 17065 Con# 275573
Loc 300
PRIMARY IDENTIFICATION OTHER _ PHONE DATE TIME
6OU14664 PA - -59 H -6-41001-- 26-NOV-04 7:09 AM GM
OUT
OTHER ID/PHONE PO. # RECEIVED BY
3010 RETURNED 26-NOV-OZ 4:00 PM RRW
***FINAL***
Page: 1
(- QuIUem our y vni e 8-hour ay Week Week x Net Amt
1 0613-1178 BOBCAT 341G 04CABHVAC 195.00 195.00
$195.00/D 195.00 695.00 1995.00
Meter In: 373.30 Meter Out: 369.50
1 95016
----- Payments -----
`Visa
DELIVERY/PICK-UP 90
0.00 11/26/04 Visa
V\
REMIT TO: 140 HAWBAKER INDUSTRIAL DRIVE
STATE COLLEGE, PA 16803
SPECIAL INSTRUCTIONS:
UPON COMPLETION OF USE OF
EQUIPMENT, PLEASE CALL BEST
LINE AT 717-697-1177. YOU WILL
BE CHARGED FOR ALL TIME OUT.
Not Included In Rental: - Fuel - Cleaning -Tire Damage - Machine Abuse
WE CHARGE FOR ALL TIME OUT INCLUDING A CLEANING CHARGE IS MADE
SATURDAYS. SUNDAYS.. AND HOLIDAYS. ON ITEMS RETURNED UNCLEAN.
I agree to all terms on both sides of this contract. which constitutes the entire agreement. there being no
oral or other representations and acknowledge a receipt of a copy. I certify that I am of legal age if I am
the customer or that I am authorized to act for the customer. Failure to return rented property according to
this contract or use other than specified by this contract shall constitute unlawful conversion of the
property CAUTION, READ BEFORE SIGNING.
Damage Waiver 8%
LESSEE X ------ ---- --- -
1A1110%10111- MATT
Rent
Sales
Other
Dmg Waiver
SME Tax
Sales Tax
Deposit
90.00 90.00
90.00
318.64 11/30/04
195.00 Prev Paid
90.00 Paid Now
0.00
15.60
0.00
18.04
0.00
TOTAL DUE 318.64 TOTAL PAID
TERMS: NET 30 DAYS AMOUNT DUE
0.00
318.64
318.64
0.00
Ingle Construction Inc.
4799 balsam dr
Park City Utah
84098
435-9019165
Contractor license # 357587-5501
December 13, 2004
Client : Kathy and Richard Rosario
Invoice #243
Work performed at 6 Mt View Dr. Mt Holly Springs Pa on Thursday Nov 25 h, 2004
Work description:
Excavate sewer line in front of house, approximately 10 feet deep and cut out section of
pipe. Clean drain pipe into house and out to the street. Replace pipe and install clean out
to ground level. Backfill trench to existing grade.
Work was done from 8 am to 5 pm on thanksgiving and holiday rates apply.
Total due: $1500.00
Thank you for your business!!!!!!
9xi- ? z a- t?,Go
Billing Address:
ri
VOICE OF TREE CARE
5007 Philadelphia Avenue
Chambersburg, PA 17201
Corporate Office
Fax: 717-263-6613
Chambersburg 717-263-8657
Carlisle 717-249-8443
Waynesboro 717-765-4624
Gettysburg 717-3 37-9128
Frederick 301-663-0061
Hagerstown 301-714-0130
C)
CJ
d)
Telephone:H) '70&-y/10/ W)
C-1-
PENNSI LY'AN!A
LANDSCAPE & WURSERY
ASSOCIATION
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/
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49
??217,17d 1Z1,12
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42,;; G el-l-;,
Subtotal
Special Remarks: Tax
Total
AjjbL
Estimate prepared by:tj4,re,,s4, 4?.e114?" -r744 VISA
'??? ?... w
Local Office:
Accepted by:
See reverse for terms and conditions
Name: ' ' --i 1? C?LIIIIdLC
worksite: . Date: I,/?Y 7
O1
Resto reCo re
2' )22 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
EIN 25-1767775
Type of Estimate: Estimate
Client: Rasario,Kate Home: (717) 486-4101
Home: 6 MountainVeiw Dr.
Mount Holly Springs, PA 17065
Operator: JOHNP
Estimator: John Pierce Business: (717)232-1500
Business: 2322 n 7th st
Harrisburg, PA 17110
Date Entered: 09/13/05
Price List: PAHA2135C
Restoration/Service/Remodel with Service
Charges Factored In
Estimate: 2005-09-13-0805
Reconstruct estimate
NOTE: At this time we do not know what type of insulation was used behind the panaling.This would need
RestoreCore
2322 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
EIN 25-1767775
Room: Basement Stairs
2005-09-13-0805
E 't tM COST, TOTAL
R&R Glue down carpet 61.20 SF@
2.45=
149.94
Room: Bathroom
R&R Interior door unit - High grade 1.00 EA@ 173.98= 173.98
R&R Casing - 2 1/4" stain grade 34.00 LF@ 2.50= 85.00
R&R VnyI floor covering (sheet goods) 64.60 SF@ 4.08= 263.57
R&R Paneling - High grade 214.00 SF@ 2.39= 511.46
Suspended ceiling grid - Detach & reset 64.60 SF@ 0.95= 61.37
Suspended ceiling tile - Detach & reset 64.60 SF@ 0.41= 26.49
Toilet - Detach & reset 1.00 EA@ 128.36= 128.36
Outlet or switch - Detach & reset 3.00 EA@ 11.67= 35.01
Light fixture - Detach & reset 1.00 EA@ 32.89= 32.89
Towel bar - Detach & reset 1.00 EA@ 15.84= 15.84
Wash cloth holder- Detach & reset 1.00 EA@ 16.72= 16.72
Soap holder - recessed - Detach & reset 1.00 EA@ 14.34= 14.34
Toilet paper holder- Detach & reset 1.00 EA@ 16.72= 16.72
R&R Baseboard -plastic (simulated wood) 32.00 LF@ 2.40= 76.80
Room: BASEMENT CLOSET
R&R Interior door unit - High grade 1.00 EA@ 173.98= 173.98
R&R Casing - 2 1/4" stain grade 34.00 LF@ 2.50= 85.00
R&R Paneling - Premium grade 182.40 SF@ 2.76= 503.43
2005-09-13-0805 09/29/2005 Page:2
RestoreCore
2' )22 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
EIN 25-1767775
Room: Basement
R&R Glue down carpet 543.00 SF@ 2.45= 1,330.35
Contents - move out then reset - Extra large room 1.00 EA@ 109.68= 109.68
Suspended ceiling grid - Detach & reset 543.00 SF@ 0.95= 515.85
Outlet or switch - Detach & reset 10.00 EA@ 11.67= 116.70
Light fixture - Detach & reset 5.00 EA@ 32.89= 164.45
R&R Paneling - High grade 811.20 SF@ 2.39= 1,938.77
R&R Interior door unit - High grade 1.00 EA@ 173.98= 173.98
R&R Casing - 2 1/4" stain grade 17.00 LF@ 2.50= 42.50
Suspended ceiling tile - Detach & reset 543.00 SF@ 0.41= 222.63
0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls & Ceiling
0.00 SF Floor 0.00 SY Flooring 0.00 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 0.00 LF Ceil. Perimeter
0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area
0.00 Exterior Wall Area 0.00 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length
0.00 Total Ridge Length 0.00 Total Hip Length 0.00 Area of Face 1
2005-09-13-0805 09/29/2005 Page: 3
RestoreCore
2322 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
EIN 25-1767775
Line Item Total 6,985.81
Material Sales Tax @ 6.000% 2,543.94 152.64
Subtotal 7,138.45
Overhead @ 10.000/0 7,138.45 713.84
Profit 6a 10.000/0 7,852.29 785.23
John Pierce
2005-09-13-0805 09/29/2005 Page:4
RestoreCore
2322 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
EIN 25-1767775
Es ti mate: 2005-09-13-0805
Basement Stairs 149.94 2.15%
Bathroom 1,458.55 20.88%
BAS EMENT CLOS ET 762.41 10.91%
Basement 4,614.91 66.06%
Subtotal of Areas 6,985.81 100.00%
2005-09-13-0805 09/29/2005 Page: 5
RestoreCom
2322 North Seventh Street
Harrisburg, Pennsylvania 17110
717-232-1500 fax 717-232-9936
E1N 25-1767775
O&P Items Total Dollars %
ACOUSTICAL TREATMENTS 826.34 9.57%
CONTENT MANIPULATION 109.68 1.27%
GENERAL DEMOLITION 589.50 6.82%
DOORS 485.07 5.62%
ELECTRICAL 151.71 1.76%
FLOOR COVERING - CARPET' 1,232.57 14.27%
FLOOR COVERING - VINYL 224.16 2.60%
FINIS HCARPENTRY /TRIMWORK 253.25 2.93%
FINISH HARDWARE 63.62 0.74%
LIGHT FIXTURES 197.34 2.28%
PLUMBING 12836 1.49%
PANELING & WOOD WALL FINISHES 2,724.21 31.54%
Subtotal 6,985.81 80.88%
Material Sales Tax @ 6.000% 152.64 1.77%
Overhead @ 10.00% 713.84 8.26%
Profit @ 10.000/. 785.23 9.090/0
O&P Items Subtotal 8,637.52 100.00%
2005-09-13-0805 09/29/2005 Page: 6
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Complaint has been duly served
upon the following by hand delivering a copy to the office address below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
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Kate A. Ingle-Ros rio
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Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: No. 07-214 CIVIL
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Amendment to Complaint has
been duly served upon the following by hand delivering a copy to the office
address below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Date: .2,
athryn A. Ingle-R sar
? y
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013 :
Defendants
AMENDMENT TO COMPLAINT
Please make the following corrections on the Complaint filed in the above
captioned matter:
1. Paragraph 32 should refer to Exhibit "D".
2. Paragraph 35 should refer to Exhibit "C".
KATHRYN A. IN'LE-ROSARIO
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Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: No. 07-214 CIVIL
10 DAY NOTICE PRIOR TO PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD
TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP: Cumberland County Bar Association
32 South Bedford St.
Carlisle PA 17013
Tel: 717-249-3166
Date: 6 Aug 2007
KATHRYN A. INGLE- SARIO
f
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: No. 07-214 CIVIL
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Complaint has been duly served
upon the following by hand delivering a copy to the office address below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
Kathryn A41ngle-R o
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RICHARD A. ROSARIO and
KATHRYN A. ROSARIO,
Plaintiffs,
V.
DANIEL V. KINGERY
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 0214 CIVIL TERM
CIVIL ACTION
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFFS' COMPLAINT
AND NOW this 16a' day of August, 2007, comes Defendant, DANIEL V. KINGERY, by
and through his attorneys, Irwin & McKnight, and makes the following Preliminary Objections
to Plaintiffs' Complaint, and in support thereof avers the following:
1. Preliminary Objection for Lack of Jurisdiction over Person pursuant to Pa. R.Civ.
P. 1028(a)(1), and for Failure of Pleading to Conform to Law or Rule of Court
pursuant to Pa R.Civ. P. 1028 (a)(2)
1. Plaintiffs, Richard A. and Kathryn A. Rosario, filed a civil complaint with
Magisterial District Judge Susan K. Day on or about October 31, 2006, against individual
Defendant Daniel V. Kingery.
2. Following Notice of Judgment by Judge Day, Defendant Daniel V. Kingery
timely filed a Notice of Appeal from the judgment.
3. The Notice of Appeal properly named Plaintiffs and Defendant Daniel V. Kingery
as the parties, the same individuals named in the complaint filed in the Court below.
4. Plaintiffs, pro se, subsequently filed a Complaint naming the Defendants to be
"Mr. and Mrs. Daniel V. Kingery."
IM
5. At no time during the underlying proceedings before the Magisterial District
Judge was "Mrs. Kingery" a named party or participant in the legal proceedings.
6. Upon information and belief, no request for joinder of "Mrs. Kingery" to these
proceedings has ever been requested by Plaintiffs.
7. Furthermore, original service has never been obtained by Plaintiffs upon "Mrs.
Kingery."
WHEREFORE, Defendants respectfully request this Honorable Court to dismiss
Plaintiffs' Complaint in so far as it relates to "Mrs. Kingery" or any other party other than
Defendant Daniel V. Kingery.
II. Preliminary Objection for Failure of Pleading to Conform to Law or Rule of Court
pursuant to Pa R Civ P. 1028 (a)(2)
8. Plaintiffs' Complaint arises out of the sale of a residence located at 6
Mountainview Drive, Mount Holly Springs, Cumberland County, Pennsylvania.
9. Among the Counts of the Complaint against Defendant are allegations of Breach
of Contract, Failure to Disclose, and Punitive Damages.
10. Pa.R.C.P. Rule No. 1024 requires that every pleading containing an averment of
fact not appearing of record in the action shall be verified and reference made to knowledge of
18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
11. No such signed verification is attached to Plaintiffs' Complaint.
2
12. Pa.R.C.P. Rule No. 1022 requires that each paragraph of a pleading shall contain
one material allegation.
13. Multiple paragraphs in Plaintiffs' Complaint contain several sentences, including
incomplete sentences, with multiple allegations.
14. In particular, paragraphs 10, 11, 17, 18, 29, 35, and 39, contain multiple sentences
and multiple allegations in violation of Rule 1022.
15. Plaintiffs' Complaint also fails to allege or aver any facts or cite to any legal
authority to support an award of punitive damages against the Defendant.
16. Plaintiffs' Complaint therefore fails to conform to multiple laws and rules of
court.
WHEREFORE, Defendant respectfully request this Honorable Court to dismiss
Plaintiffs' Complaint.
III. Preliminary Objection in the Nature of a Demurrer pursuant to Pa. R.Civ. P.
1028(a)(4).
17. Plaintiffs' further seek $5,000.00 for purported "Attorney's fees" in paragraph
forty-two (42), and in the various prayers for relief in their Complaint.
18. No legal counsel has ever entered an appearance on behalf of Plaintiffs.
19. Furthermore, no attorney appeared to represent Plaintiffs at the hearing held
before Magisterial District Judge Susan K. Day.
20. At all times relevant hereto, Plaintiffs have appeared pro se in this matter.
3
21. Defendant therefore demurs to the request for attorney fees in the Complaint and
prayers for relief of Plaintiffs.
WHEREFORE, Defendant respectfully request this Honorable Court to dismiss
Plaintiffs' Complaint.
Respectfully Submitted,
IRWIN & McKNIGHT
By: AA
Douglas . Miller, esquire
Supreme ourt ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: August 16, 2007 Attorney for Defendant Daniel V. Kingery
4
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
RICHARD A. ROSARIO
KATHRYN A. ROSARIO
6 MOUNTAINVIEW DRIVE
MOUNT HOLLY SPRINGS, PA 17065
Date: August 16, 2007 IRWIN & McKNIGHT
Y
Doug' 4G. Miller, squire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendant Daniel V. Kingery
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Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
Answers to Preliminary Objections
AND NOW come Plaintiffs Kathryn A. Ingle-Rosario and Richard A. Rosario by and
through their attorney, Richard P. Mislitsky, Esquire, and submit to this Honorable Court that the
responses hereinafter set forth are timely filed by agreement of the parties and now respond as
follows to Defendants' Preliminary Objections:
1. Preliminary Objection for Lack of Jurisdiction over Person Pursuant to Pa.R.C.P.
No. 1028(a)(1) and for Failure of Pleading to Conform to Law or Rule of Court
Pursuant to Pa.R.C.P. No. 1028(a)(2)
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part, denied in part. It is admitted that the Complaint filed with the
Court of Common Pleas named Mr. and Mrs. Daniel V. Kingery as Defendants. By way of
further answer, it is admitted that the Plaintiffs prepared the Complaint pro se.
5. Denied as stated. The named Defendant was Daniel V. Kingery, husband of
"Mrs. Kingery." By way of further answer, at all times material hereto, Mr. and Mrs. Kingery
acted, held themselves out as, and otherwise conducted themselves as one entity.
6. Admitted with qualification. Plaintiffs have been unable to find any codified
legal requirement or precedent which prohibits Plaintiffs, when responding to a Rule to File a
Complaint, from correcting an error by including in the Complaint the spouse of the Defendant
named in the municipal court proceeding. It is believed and therefore averred that proceedings in
this Honorable Court are de novo and no prejudice will result to the Defendant.
7. Denied. Because Defendants do not define "original service, Plaintiffs cannot
properly respond to paragraph 7. Assuming Plaintiffs contend that the Complaint was not served
on Mrs. Kingery, Plaintiffs deny that service on Mrs. Kingery was never made.
WHEREFORE, Plaintiffs respectfully request dismissal of Count I of Defendants'
Preliminary Objections.
II. Preliminary Objection for Failure of Pleading to Conform to Law or Rule of Court
Pursuant to Pa.R.C.P. No. 1028(a)(2)
8. Admitted.
9. Admitted.
10. Denied. The intent of Pa.R.C.P. No. 1024 is to verify facts when the person
drafting the complaint does not have firsthand knowledge of the facts. In this case, Plaintiffs
proceeded pro se and there is no need to attach verification to the Plaintiffs' Complaint. The
Complaint is signed by Plaintiffs, and the averments are therefore verified.
11. Denied. The intent of Pa.R.C.P. No. 1024 is to verify facts when the person
drafting the complaint does not have firsthand knowledge of the facts. In this case, Plaintiffs
proceeded pro se and there is no need to attach verification to the Plaintiffs' Complaint.
12-16. Plaintiffs filed the Complaint pro se. The purpose of the Complaint is to put the
Defendants on notice of the cause of action being filed. The Complaint properly puts the
Defendants on notice of the cause of action being filed against them.
WHEREFORE, Plaintiffs respectfully request dismissal of Count II of Defendants'
Preliminary Objections.
III. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa.R.C.P. No.
1428(a)(4)
17-21. Admitted. By way of further answer, an Entry of Appearance does not
necessarily lead to the conclusion that attorney's fees were not incurred by the Plaintiffs. By
way of further answer, Plaintiffs' reference to attorney's fees of $5,000 is based upon the
anticipated cost of retaining counsel. By way of further answer, Plaintiffs believe and therefore
aver that the facts will establish that Defendants agreed to pay ALL Plaintiffs' costs in the event
of occurrences such as the events which form the basis for this cause of action.
WHEREFORE, Plaintiffs respectfully request dismissal of Count III of Defendants'
Preliminary Objections.
Date:+NP -0?
i
Richard P. Mislitsky, Esquire
Attorney ID 28123
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
717-241-6363
Attorney for Plaintiffs
Verification
I verify that the statements made in the foregoing Answers to Preliminary Objections
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities.
Date: Z-? M M2 08
Kathryn A. Ingle- sario
Date: A
Richard A. Rosario
T
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
Certificate of Service
I hereby certify that a copy of the foregoing Answers to Preliminary Objections has been
duly served upon the following by hand delivering a copy to the office address below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 13Q 13
Date:
Richard P. Mislitsky, Esg6ei
Vn o mey ID 28123
e West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
717-241-6363
Attorney for Plaintiffs
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
Kathryn A. Ingle-Rosario
Richard A. Rosario
VS.
Mr. and Mrs. Daniel V. Kingery
No. 07-214 , Civil Term
1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to
complaint, etc.):
Preliminary Objections
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
ame and Address)
P.O. Box 1290, Carlisle, PA 17013
(b) for defendants:
Douglas G. Miller, Esquire, Irwin & McKnight
(Name and Address)
60 West Pomfret Street, Carlisle, PA 17013-3222
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
Mav 28. 2008
re
Richard P. Mislitsky, Esquire
Print your name
A7 r3 i ni-i ffs _
Attorney for
Date: Pte-- 5, 2008
0 8-
INSTRUCTIONS:
1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case Is relisted.
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KATHRYN A. INGLE-ROSARIO AND IN THE COURT OF COMMON PLEAS OF
RICHARD A. ROSARIO, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
MR. AND MRS. DANIEL V. KINGERY,
DEFENDANTS 07-0214 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS
TO PLAINTIFFS' COMPLAINT
BEFORE BAYLEY, J. AND EBERT, J.
ORDER OF COURT
AND NOW, this 1 `-!LN day of July, 2008, IT IS ORDERED:
(1) Plaintiffs' claim for attorney fees, IS DISMISSED.
(2) Plaintiffs' claim for punitive damages, IS DISMISSED.
(3) Plaintiffs shall file a legal verification of their complaint within fifteen (15) days
of this date. Unless the verification is filed as directed, the complaint is dismissed.
(4) All other preliminary objections of defendants to plaintiffs' complaint, ARE
DENIED.'
By the
Edgar B. Bayley, J.
' The complaint filed after an appeal by the only named defendant, Daniel V.
Kingery, from a judgment issued by a Magisterial District Judge, is de novo in this
court. Adding the wife of Daniel V. Kingery as a defendant is a permissive
joinder authorized by Pa. Rule of Civil Procedure 2229(b).
fem.
CL-
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Z Richard P. Mislitsky, Esquire
For Plaintiffs
/Douglas G. Miller, Esquire
For Defendants
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Kathryn A. Ingle-Rosario and
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 07-214 CIVIL TERM
Praecipe
Pursuant to the Order of the Honorable Edgar B. Bayley dated July 17, 2008, kindly
attach this verification to the Complaint filed with this Court on January 31, 2007.
1 y b44 P, A 44?
Date:
Richard P. Mislitsky, Esquire
Attorney ID 28123
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
717-241-6363
Attorney for Plaintiffs
Verification
We verify that the statements made in the foregoing Complaint are true and correct.
We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §
4904, relating to unsworn falsification to authorities.
Date: 22 3UL <) 8
Date: `7 - 02.E - O$
LZI;;2 oe=?
Kathryn A. Ingle-RosariK®Q A-"
Richard A. Rosario
11
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
Certificate of Service
I hereby certify that a copy of the foregoing Praecipe has been duly served upon the
following by hand delivering a copy to the office address below:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17413
Date:
?u Jul arse
r Richard P. Mislitsky, Esquire
ttorney ID 28123
ne West High Street, Suite 208
.O. Box 1290
Carlisle, PA 17013
717-241-6363
Attorney for Plaintiffs
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RICHARD A. ROSARIO and
KATHRYN A. ROSARIO,
Plaintiffs,
Vi.
DANIEL V. KINGERY and MRS.
KINGERY,
Defendants.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 0214 CIVIL 'T'ERM
CIVIL ACTION
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER
TO PLAINTIFFS' COMPLAINT
AND NOW this 27 h day of February, 2009, come the Defendants, Daniel V. Kingery and
Mrs. Kingery, by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this
Answer with New Matter to the Plaintiffs' Complaint, and in support thereof aver as follows:
1. The averments of fact contained in paragraph one (1) of the Plaintiffs Complaint
are admitted.
2. The averments of contained in paragraph two (2) are admitted.
3. The averments in paragraph three (3) are denied as stated. It is admitted that
Plaintiffs filed suit against Defendant Daniel V. Kingery in an action before Magisterial District
Judge Susan Day. The remaining averments in paragraph three (3), including any inference that
a valid judgment exists against the Defendants, are specifically denied and strict proof thereof is
demanded at trial.
4. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph four (4) so they
are therefore specifically denied and strict proof thereof is demanded at trial.
5. The averments contained in paragraph five (5) and all of its subparts are
conclusions of law to which no response is required. To the extent that a response is required,
Defendants are without knowledge or information sufficient to form a belief as to the truth of the
1 0
averments contained in paragraph five (5) so they are therefore specifically denied and strict
proof thereof is demanded at trial.
6. The averments in paragraph six (6) are denied as stated. It is admitted that
Plaintiffs purchased the property at 6 Mountainview Drive, Mount Holly Springs from
Defendant Daniel V. Kingery on November 3, 2004. The remaining averments in paragraph six
(6) are specifically denied and strict proof thereof is demanded at trial.
7. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
8. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph eight (8) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
9. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph nine (9) so they
are therefore specifically denied and strict proof thereof is demanded at trial.
10. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph ten (10) so they
are therefore specifically denied and strict proof thereof is demanded at trial.
11. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
12. The averments contained in paragraph twelve (12) are specifically denied and
strict proof thereof is demanded at trial. By way of further answer, Defendants were not aware at
any time prior to November 3, 2004, that tree roots were growing into the sewer line requiring
the piping to be replaced.
2
13. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
14. The averments in paragraph fourteen (14) are denied as stated. It is admitted that
Plaintiffs made demand upon Defendant Daniel V. Kingery for some unspecified and
unsubstantiated costs and charges. The remaining averments in paragraph fourteen (14),
including any inference that Defendants are responsible for any of Plaintiffs' costs, are
specifically denied and strict proof thereof is demanded at trial.
15. The averments in paragraph fifteen (15) are denied as stated. It is admitted that
Plaintiffs made demand upon Defendant Daniel V. Kingery for some unspecified and
unsubstantiated estimate to replace sewer lines. The remaining averments in paragraph fifteen
(15), including any inference that Defendants are responsible for any of Plaintiffs' costs, are
specifically denied and strict proof thereof is demanded at trial.
16. The averments contained in paragraph sixteen (16) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
17. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph seventeen (17)
so they are therefore specifically denied and strict proof thereof is demanded at trial.
18. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph eighteen (18) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
COUNTI
19. The averments in paragraph nineteen (19) are denied as stated. It is admitted that
Defendant Daniel V. Kingery signed a Seller's Property Disclosure Statement with regard to the
3
subject property and also provided Plaintiffs with additional information relative to the
functioning of the home's septic system. The remaining averments in paragraph nineteen (19),
including any inference that Defendants are responsible for any of Plaintiffs' costs, are
specifically denied and strict proof thereof is demanded at trial.
20. The averments contained in paragraph twenty (20) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
21. The averments contained in paragraph twenty-one (21) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Defendants were not aware at any time prior to November 3, 2004, that tree roots were growing
into the sewer line requiring the piping to be replaced.
22. The averments contained in paragraph twenty-two (22) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Defendants were not aware at any time prior to November 3, 2004, that tree roots were growing
into the sewer line requiring the piping to be replaced.
23. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph twenty-three
(23) so they are therefore specifically denied and strict proof thereof is demanded at trial.
24. The averments contained in paragraph twenty-four (24) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
25. The averments contained in paragraph twenty-five (25) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
4
COUNT II
26. The averments contained in paragraph twenty-six (26) are conclusions of law to
which no response is required.
27. The averments contained in paragraph twenty-seven (27) are conclusions of law
to which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer, all
bathrooms were functioning at the time of sale on November 3, 2004.
28. The averments contained in paragraph twenty-eight (28) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
29. The averments contained in paragraph twenty-nine (29) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
30. The averments contained in paragraph thirty (30) are conclusions of law to which
no response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
31. The averments contained in paragraph thirty-one (31) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
COUNT III
32. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph thirty-two (32)
and all of its subparts, so they are therefore specifically denied and strict proof thereof is
demanded at trial.
5
COUNT IV
33. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph thirty-three (33)
so they are therefore specifically denied and strict proof thereof is demanded at trial.
34. The averments contained in paragraph thirty-four (34) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
35. The averments contained in paragraph thirty-five (35) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
36. The averments contained in paragraph thirty-six (36) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
COUNT V
37. The averments contained in paragraph thirty-seven (37) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Plaintiffs' claims for attorney fees and punitive damages were dismissed pursuant to Order of
Court dated July 17, 2008.
38. The averments contained in paragraph thirty-eight (38) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Plaintiffs' claims for attorney fees and punitive damages were dismissed pursuant to Order of
Court dated July 17, 2008.
6
39. The averments contained in paragraph thirty-nine (39) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Plaintiffs' claims for attorney fees and punitive damages were dismissed pursuant to Order of
Court dated July 17, 2008.
40. The averments contained in paragraph forty (40) are conclusions of law to which
no response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
41. Plaintiffs' claims for attorney fees and punitive damages were dismissed pursuant
to Order of Court dated July 17, 2008, and therefore no response is required.
42. The averments contained in paragraph forty-two (42) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Plaintiffs' claims for attorney fees and punitive damages were dismissed pursuant to Order of
Court dated July 17, 2008.
WHEREFORE, Defendants Daniel V. Kingery and Mrs. Kingery respectfully request
this Honorable Court to enter a judgment in their favor and against Plaintiffs in this matter,
together with reasonable costs and such other and further relief as this Court deems reasonable
and just.
NEW MATTER
43. The averments of fact contained in the Answers to the Plaintiffs' Complaint are
hereby incorporated by reference and are made part of this New Matter to the Complaint of the
Plaintiffs.
7
44. Plaintiffs and Defendant Daniel Kingery entered into an Agreement of Sale for
the transfer of the property located at 6 Mountainview Drive, Mount Holly Springs, on or about
October 12, 2004. A true and correct copy of the signed Agreement of Sale is attached hereto
and incorporated herein as Exhibit "A."
45. Defendant Mrs. Kingery was never a record owner of the subject property, and
did not sign the Agreement of Sale attached as Exhibit "A."
46. Defendant Mrs. Kingery also did not sign and was not named on the Seller's
Property Disclosure Form attached to Plaintiffs' Complaint.
47. Defendant Mrs. Kingery was not a party to and did not sign the Deed transferring
the subject property to Plaintiffs on or about November 3, 2004.
48. Plaintiffs never sought permission from the Court to join Mrs. Kingery as a
defendant in this action.
49. The original Complaint filed by Plaintiffs with Magisterial District Judge, was
almost two (2) years after Plaintiffs purchased the property from Defendant Daniel V. Kingery.
50. The original Complaint named Daniel V. Kingery as the only Defendant, and was
served only upon Defendant Daniel V. Kingery.
51. The Complaint filed by Plaintiffs in the instant action simply adding Mrs. Kingery
as a Defendant in the caption was filed more than two (2) years after the purchase of the property
by Plaintiffs, and was not served upon Mrs. Kingery.
52. All or a portion of Plaintiffs' claims may therefore be barred by the defense of the
applicable statute of limitations.
53. All or a portion of Plaintiffs' claims may also be barred by the defense of laches,
54. The purported damage to Plaintiffs basement allegedly occurred in 2004, and
Plaintiffs purportedly have not cleaned their basement since that time.
55. All or a portion of Plaintiffs' claims may also be barred and/or limited by their
failure to mitigate or to properly mitigate their alleged damages.
8
56. Through his daughter, Defendant Daniel V. Kingery engaged the services of Fast
Rooter to open a clog in the piping on or about August 9, 2004. A true and correct copy of the
receipt dated August 9, 2004, is attached hereto and incorporated herein as Exhibit "B."
57. The receipt attached as Exhibit "B" includes the notes of the technician from Fast
Rooter that serviced the subject property.
58. The technician notes that nothing was pulled back out of the piping system, that
the system was "running good," and makes no reference to roots growing into the line or the
need to replace the piping.
59. Defendants were not aware at any time prior to November 3, 2004, that tree roots
were growing into the sewer line requiring the piping to be replaced.
60. Defendants were not aware at any time prior to November 3, 2004, that the sewer
line was broken or needed to be replaced.
61. All bathrooms at the subject property were functioning at the time of sale on
November 3, 2004.
62. In fact, the Defendants' daughter utilized the basement and the bathroom in the
basement during her entire occupancy of the home, right up until the time of settlement with the
Plaintiffs.
63. Defendant Daniel V. Kingery disclosed to Plaintiffs prior to their purchase of the
subject property that periodic maintenance had been required for the septic line.
64. Defendant Daniel V. Kingery replaced and upgraded the sump pump pursuant to
the notation contained on the Seller's Property Disclosure Statement and because the original
pump was outdated, not because of any problems associated with the sewer piping.
65. Plaintiffs waived the opportunity to have the property inspected by a professional
inspection service in Paragraph 8 of the Agreement of Sale attached as Exhibit "A."
66. Plaintiffs also agreed to the Release in Paragraph 25 of the attached Agreement of
Sale.
9
67. The Release in Paragraph 25 states in pertinent part that "Buyer hereby releases,
quit claims and forever discharges SELLER ... from any and all claims, losses or demands,
including, but not limited to, personal injuries and property damage and all consequences
thereof, whether now known or not, which may arise from ... environmental hazards, any defects
in the individual on-lot sewage disposal system or deficiencies in the on-site water service
system, or any defects or conditions on the Property."
68. Plaintiffs' Complaint fails to state claims or causes of action upon which relief
can be granted.
WHEREFORE, Defendants respectfully request that this Honorable Court enter a
judgment in their favor and against Plaintiffs in this matter.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
By:
AIA
1 Z6 "A.
Do glas P. Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: February 27, 2009 Attorney for Defendants
10
VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
DANIEL Y. %INGE
B RLYL. %I PER <.
Date: 2/27/09
EXHIBIT "A"
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/S-2K
This Incur recomrtended and approved for, but not restricted to use by, the rea nbers of the Pennsylvania Association of REALTDRSs (PAR).
e
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1s
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RROKER (Company) t
ADDRESS Ib-1l_ "i[1' • I Mss
OR
Broker is NOT the Agent for Seller and ts a/an: ? AGENT FOR BUYER ' ? TRANSACTION LICENSEE
BROKER IS THE AGENT FOR SELLER Designated Agent(s) for Seller, If applicable:
BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable:
OR
Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE
When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent AB of Broker's licensees are also Dual
Agents UNLESS
there are separate Designated Agents for Buyer and Seiler. If the same Licensee Is designated for Seller and Buyer, the Licensee is a Dual Agent
1. QiO MM, dated
SELLER(S): Dkomi'L
)!
is between
BUYER(S): called "Seiler," and
? ? ???c1Z11?
2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as:
in the (; sT''C of MT
County of k - ? - ?? In the Commonwealth of
Pennsylvania, Zip Code
Identification (e g., Tax D) #; Parcel #; Lot, Block; Deed Book, Page, Recording Date)
3. TERMS (1-02)
(A) Purchase 1
which will be paid to Seiler by Buyer as follows:
1. Cash or check at signing this Agreement: $
2. Cash or check within _ days of the execution of this Agreement: $
3. $
4. Cash, cashier's or certified check at time of settlement: IJ .5'1SLY3 $
TOTAL $
(B) Deposits paid on account of purchase price to be held by Broker for Seller, unless otherwise stated here:
00
(C) Seller's written approval to be on or-wore: U UT P -k
c alC]?y
(D) Settlement to be on Cn , or before if Buyer and Seller
(E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
2
3
4
5
fi
E
9
1D
11
,3
14
15
16
1,
,6
19
20
25
(F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: 30
31
(G) At time of settlement, the following will be adjusted pro-rate on a daily basis between Buyer and Seller, reimbursing where applicable: taxes 32
(see Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if 33
any, water and/or sewer fees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) 34
covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated 35
here:
>6
37 /
4. FIXTURES & PERSONAL PROPERTY (1-00) 3a
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing: 39
heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers 40 S
and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the 41
Property at the time of settlement; wall to wall carpeting; window covering hardware, shades and blinds; built-in air conditioners; built-in 42 "
appliances; and the rangeloven unless otherwise stated. Also included: __A5 wg_ -t) 15 c 4?`4 ?? :3 Cl
44
(B) LEASED items (not owned by Seller): 45
(C) EXCLUDED fixtures and items: 4e
a
45
5. DATF.S1I7D14E IS OF THE ESSENCE (1-02) 49
(A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are 5o
agreed to be of the essence of this Agreement and are binding. ^1
(B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was 52
executed and including the last day of the time period. 53
(C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual written agreement of 54
the parties.
55
(D) Certain time periods pre-printed in this Agreement as a convenience to the Buyer and Seller. Any pre-printed time periods are negotiable 56
and may be Chang striking out the pre-printed text and inserting a different time period acceptable to all parties. 57
se
Buyer Initials: A/S-2K Page I of 8 Seger Ini 9
ponn"wm" of COPYRIGHT PENNSYLVANIA ASSOCIATION O RE eRnse REAL
T r6*
WI1'H PA LICENSED BROKER
OLS PHONE ;Z5%-UA-G(i
06 06 i FAX ZrnT -CWn l
, called "Buyer."
US. DD
,Go
60 6. MORTGAGE CONTINGENCY (1-02) 50
61 ? WAIVED. This sale is NOT contingent on mortgage financing. 61
a 62 /? ELECTED 62
3 (A) This sale is contingent upon Buyer obtaining mortgage financing as follow : 63
.64 1. Amount of mortgage toaLS t 6+
bU
i
V
65 2. Min
mum Tenn .
years
65
66 3. ' Typo of m a,
67 4. Interest rate ;;.ever Buyer agrees to accept the dadaist rate as nYay by be commi lender
tted b the
mortgage , not to 67
6e exceed a maximum interest rate ofd! 96
69 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding 69
70 any mortgage insurance premiums or VA funding fee) not to exceed 9b (096 if not specified) of the mortgage loan. ..
71 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an
72 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer -
73 gives Seller the right, at Seller's sole option and as permitted by the mortgage lender and applicable laws, to contribute financially. without 73
74 promise of reimbursement, to the Buyer and/or the mortgage lender to make the above terms available to Buyer. 74
75 (B) Within _ DAYS (10 days if not specified) of the execution of this Agreement. Buyer will make a completed, written mortgage application
76 for the mortgage terms specified above to a responsible mortgage lender. The Broker for Buyer, if any, otherwise the Broker for Seller, is 76
77 authorized to communicate with the mortgage leader for the purposes of assisting in the mortgage loan process.
76 (C) I . Mortgage commitment date = QM !4 If a written commitment is not received by Seller by the above date. Buyer
79 and Seger agree to extend the mortgage cornmitrnent date until Seller terminate this Agreement in writing by notice to Buyer. 79
80 2. Upon receipt of a mortgage commitment, Buyer will promptly deliver a copy of the commitment to Seller. all
al 3. Seller has the option to terminate this Agreement in writing, after the mortgage commitment date if the mortgage commitment: 6:
82 a. Is not valid until the date of settlement, OR 82
83 b. Is conditioned upon the sale and settlement of any other property, OR sa
84 c. Contains any other condition not specified in this Agreement that is not satisfied and/or removed in writing by the mortgage lender 57
e5 within 7 DAYS after the mortgage commitment date in paragraph 6 (C) (1). 85
86 4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtained for settlement, all deposit monies k
87 paid on account of purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics' lien insurance and/or 6-
ea title search, or fee for cancellation of same, if any; AND/OR any premiums for flood insurance, mine subsidence insurance and/or fire incur- ad
a9 ance with extended coverage, or cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to the mortgage lender. 6:
9o (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's requirements to Seller. 90
91 Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, notify Buyer whether Seller will make the required repairs 91
92 at Seller's expense. 92
93 1. If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this 91
94 Agreement. 9;
95 2. If Seller chooses not to make the required repairs, or if Seller fails to respond within the time given, Buyer will, within
5 DAYS
>
96 _
.
.
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's
97 permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within 97
98 5 DAYS of Seller's denial, terminate this Agreement, in which case all deposit monies paid on account of purchase price will be 96
99 returned promptly to Buyer and this Agreement will be VOID.
99
too Sd1y??s (E)
' t _ loo
lot NOT APPLICABLE lo,
G3
toe ? APPLICABLE. Seller will pay: 102
103 ? $ maximum, toward Buyer's costs as permitted by the mortgage lender. 103
104 ? 107
105 FHA/VA, IF APPLICABLE 105
106 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the los
107 Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- :07
108 dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct l0a
109 Endorsement Lender setting forth the appraised value of the Property of not less than $ (the dollar amount to be 1vB
110 inserted is the sales price as stated in this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- 11t
111 tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the ,1
112 Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should 12
113 satisfy himself/berself that the price and condition of the Property are acceptable. 112
114 Warning: Section 1010 of Title 18, U.S.C., Department of Housing and Urban Development and Federal Housing Administration 17
115 Transactions, provides, "Whoever for the purpose of ... influencing in any way the action of such Department, makes, passes, utters or pub- 11,
116 lishes any statement, knowing the same to be false ... shall be fined under this title or imprisoned not more than two years, or both." 11--
117 (G)
. Deparhruent of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement
116 X
Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition 116
119 Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this i is
120 Agreement. 121
121 Buyer's Initials Date 121
122 (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are i,-
123 we to the best of our knowledge and belief, and that any other agreement entered into by any of these patties in connection with this transac- 123
124 tion is attached to this Agreement.
125 37
7. INSPECTIONS (1-02) 125
126 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or 1226
127 Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further agrees to permit any other inspections required b> u-
126 or provided for in the terns of this Agreement. Buyer has the right to attend all inspections.
129 (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not wailed 2;
130 by any other provision of this Agreement, 'k
131 (C) Seller will have hearing and all utilities (including fuel(s)) on for the inspections.
132 (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer.
133 8. PROPERTY INSPECTION CONTINGENCY (1.02) ,
134
35 .
Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's election here. +
he
WAIVED. Buyer understands that Bu
er has the o
ti
i
.
y
p
on to request
nspections of the Propeny (see Propeny Inspection Notices and 135
36 Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 136
137 ? ELECTED
138 r,7
(A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspec- +36
139 tions and/or certifications completed by licensed or otherwise qualified professionals (see Property Inspection Notices and Environmental 13>
14e Notices). This contingency does not apply to the following existing conditions and/or items:
14:
:+2 (B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law. (see Information Regurdinr ,.
43 the Home Inspection Law) such home inspection shall be performed by a full member in good standing of a national home inspection asoci- +,
144
'
u ation, or by a person upervised by a full member of a national home inspection association, in accordance with the ethical standards and code
of
d
' f
.
t 4t cor
t o prat
t association.
Buyer Initials: A/S•2K Page 2 of 8 Sel
ler Initials, i 7;.'
t ?
147 (C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will: 147
148 ? option 1. Within the throe given for a mpleting iospections: 148
149 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 149
150 2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase price will be returned 15o
i51 promptly to Buyer and this Agreement will be VOID, OR 151
152 3. Enter into a mutually acceptable written agreement with Seller providing for any repairs or improvements to the Property and/or any credit 152
153 to Buyer at settlement, as may be acceptable to the mortgage lender, if any. 153
154 Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this Agreement within 154
155 the time given for completing inspections and according to the provisions in paragraph 8(C) (Option 1) 1 and 2. 15-
156 ? Option 2. Within the time given for completing inspections: 156
157 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, 157
158 UNLESS the total cost to correct the conditions contained in the report(s) is more than $ . 158
159 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Option 2) I, 159
160 Buyer will deliver the report(s) to Seller within the time given for inspection. 160
161 a. Seller will, within 7 DAYS of receiving the report(s), inform Buyer in writing of Seller's choice to: 161
162 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to 162
163 the amount specified in paragraph 8 (C) (Option 2) 1. 183
164 (2) Credit Buyer at settlement for the difference between'the estimated cost of repairing the conditions contained in the report(s) 164
165 and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be acceptable to the mortgage lender, if any. 16s
166 (3) Not mnk, --;- •-A ....• ? :• n....__ _. _._. -
RICHARD A. ROSARIO and : IN THE COURT OF COMMON PLEAS OF
KATHRYN A. ROSARIO, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs, .
• NO. 2007 - 0214 CIVIL TERM
V.
DANIEL V. KINGERY and MRS. CIVIL ACTION
KINGERY,
Defendants. JURY TRIAL DEMANDED
NOTICE
YOU ARE HEREBY NOTIFIED that you must responsively plead to the within New
Matter of the Defendants, pursuant to Pa. R.C.P. 1026, within twenty (20) days after service, or a
default judgment may be entered against you.
IRWIN & McKNIGHT, P.C.
Date: February 27, 2009
By: 7
Douglas Miller, Esquire
Supreme Court I.D. No: 83776
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Attorney for Defendants
l t
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116
19
20
2,
w..w u. -V our uutawmg me ristt assessment and/or inspection of the Properly for lead-based paint and/or
lead-based.pamt hazards, Buyer may deliver to Seller a written list of the specific hazardous conditions cited in the report and those
corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report.
3. Seller may, within 7_ DAYS of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal
will include, but not be limited to, the name of the remediation company and a projected completion date for corrective measures. Seller
will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or before the
projected completion date.
4. Upon receiving the corrective proposal, Buyer, within 5 DAYS, will:
a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement. OR
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be VOID.
5. Should Seller fall to submit a written corrective proposal within the time set forth in paragraph IO(D)3 of this Agreement. Buyer.
within 5 DAYS, will:
a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Termimue this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly
to Buyer and this Agreement will be VOID.
6. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph will constitute a WAIVER of
this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragiaph 25 of this Agreement.
(E) Certification: By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge.
11. STATUS OF RADON (1-02)
(A) Seller represents that Seller has no knowledge concerning the presenm.or absence of radon unless checked below.
? 1. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with
the results of all tests indicated below:
DATE TYPE OF TEST RESULTS (picocurieslliter or working levels)
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WAR-
RANT EITHER THE METHODS OR RESULTS OF THE TESTS.
? 2. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the metbod(s) indicated below:
DATE RADON REDUCTION METHOD
B RADON INSPECTION CONTINGENCY
WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see Environ-
mental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE ad forth in paragraph 25 of this Agreement.
? ELECTED. Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property, and will deliver a copy
of the test report to Seller within DAYS (15 days if not specified) of the execution of this Agreement. (See Environmental Notices:
Radon)
1. If the test report reveals the presence of radon below 0.02 working levels (4 picocuriesAiter), Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement.
2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/titer), Buyer will, within 7 DAYS
of receipt of the test results:
? Option 1
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate this Agreement in writing, in which case all deposit monies paid on amount of purchase price will be returned promptly to Buyer
and this Agreement will be VOID, OR
c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti-
gation company; provisions for payment, including retests; and a projected completion date for corrective measures.
(1) Within _5 DAYS of receiving the corrective proposal, Seller will:
(a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, OR
(b) Not agree to the terms of the corrective proposal.
(2) Should Seller not agree to the terms of the corrective proposal or if Seller fails to respond within the time given, Buyer will, within
5 DAYS, elect to:
(a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
(b) Terminate this Agreement in writing, in which case all deposit monies paid on amount of purchase price will be returned
promptly to Buyer and this Agreement will be VOID.
235
236
237
236
239
240
241
242
243
244
245
246
247
246
249
250
2!
252
253
254
255
25c
257,
258
259
260
261
262
263
264
265
266
26'
266
269
270
211
272
273
274
275
276
277
276
279
280
281
292
283
264
gas
286
287
286
289
2%
291
? Option 2 292
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 293
b. Submit a written, con ective proposal to Seller. The corrective proposal will include, but not be limited to, the name of the certified miti- 2s4
gation company; provisions for payment, including retests; and a projected completion date for corrective measures. Seller will pay a max- 295
imum of $ toward the total cost of remediation and retests, which will be completed by settlement. 296
(1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11 (B) (Option 2) b, Seller will, within 297
_5 DAYS of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: 29e
(a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth 2%
in paragraph 25 of this Agreement, OR 300
(b) Contribute toward the total cost of temediation and retests only the amount specified in paragraph l I(B) (Option 2) b. 301
(2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fags to chose either option within the time 3o2
given, Buyer will, within--j_ DAYS, notify Seller in writing of Buyer's choice to: 303
(a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case 304
Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. OR 305
(b) Terminate this Agreement, in which case all deposit monies paid on amount of purchase price will be returned promptly 306
to Buyer and this Agreement will be VOID.
307,
12. STATUS OF WATER (1-02) 306
(A) Seller represents that the Property is served by: 309
Public Water
310
On-site Water 3;1
? Community Water 312
? None
313
? 314
(B) WATER SERVICE INSPECTION CONTINGENCY 315
? WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES 316
THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 311,
? ELECTED
316
1. Buyer has the option, within DAYS() 5 days if not specified) of the execution of this Agreement and at Buyer's expense, to deliver 31=
to Seller a 'tten inspection report by a qualified, professional water testing company of the quality and/or quann of the water service. 32e
321
Buyer Initials: A/S-2K Page 4 of 8 Seller Itdd 3
a_ t •
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
346
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
766
369
370
371
372
373
374
375
376
377
378
379
360
381
382
383
384
385
386
387
386
389
390
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392
393
394
395
396
397
398
399
400
401
402
403
404
495
406
407
409
409
410
2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, if required by the 323
inspection company. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 324
3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authority and/or fails to 325
satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within DAYS of receipt of 326
the report, notify Buyer in writing of Seller's choice to: 327
a.. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 326
to the RELEASE set forth in paragraph 25 of this Agreement, OR 329
b. Not upgrade the wear service. 330
4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within 331
5 DAYS, either: 332
a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governments] authority, upgrade 333
the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 334
Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pare- 335
graph 25 of this Agreement If Seller denies Buyer permission to upgrade the water service, Buyer may, within__J_ DAYS of 336
Seller's denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be 337
returned promptly to Buyer and this Agreement will be VOID, OR , 338
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 339
to Buyer and this Agreement will be VOID. 340
13. STATUS OF SEWER (1-02) 341
(A) Seller represents that the Property is served by: 342
N Public Sewer 343
Individual On-lot Sewage Disposal System (See Sewage Notice 1) 3"
? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 345
? Community Sewage Disposal System 346
? Ten-acre Permit Exemption (See Sewage Notice 2) 347
? Holding Tank (See Sewage Notice 3) 348
? None (See Sewage Notice 1) 349
? None Available/Pemtit Limitations in Effect (See Sewage Notice 5) 350
? 351
(B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 352
Q WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 353
WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 354
? ELE CTED 355
1. Buyer has the option, within DAYS (15 days if not specified) of the execution of this Agreement and at Buyer's expense,-to 356
deliver to Seller a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 357
2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to and empty the individual on- 353
lot sewage disposal system. Seller also agrees to restore the Property, at Seller's expense, prior to settlement. 359
3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 360
7 DAYS of receipt of the report, notify Buyer in writing of Seller's choice to: 361
a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 362
the RELEASE set forth in paragraph 25 of this Agreement, OR _ 363
b. Not correct the defects. 364
4. If Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within _5 DAYS, either: 365
a. Accept the Property and the system and, if required by the mortgage tender, if any, and/or any governmental authority, correct the 366
defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 367
sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in pare- 368
graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within _ 5 DAYS of Seller's 369
denial, terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 370
promptly to Buyer and this Agreement will be VOID, OR 371
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 372
promptly to Buyer and this Agreement will be VOID. 373
5. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 25 DAYS 374
of receipt of the report, submit a corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the 375
remediation company; provisions for payment, including retests; and a projected completion date for corrective measures. Within 375
_ 5 DAYS of receiving Seller's corrective proposal, or If no corrective proposal is received within the time given, Buyer will: . 3n
a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE 378
set forth in paragraph 25 of this Agreement, OR 379
b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 3so
defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 381
sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 382
graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 DAYS of Seller's 383
denial, laminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 3a4
promptly to Buyer and this Agreement will be VOID, OR 385
c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 3s6
to Buyer and this Agreement will be VOID. 387
14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-02) 388
(A) Seller represents, as of Seller's execution of this Agreement, that no public improvemterrt, condominium or homeowner association assessments Sea
have been made against the Property which remain unpaid, and that no notice by any government or public authority has been served upon 39o
Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 391
uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 392
otherwise specified here: 14.0 E%-C"T%L'AA;S 393
394
(B) Seller knows of no other potential notices (including violations) and assessments except as follows: 395
396
(C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will 397
notify Buyer in writing, within 5 DAYS of receiving the notice or assessment, that Seller will: 398
1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 399
in paragraph 25 of this Agreement, OR 400
2. Not comply with notices and assessments at Seller's expense. 401
3. If Seller chooses not to comply with notices and assessments, or fails within the time given to notify Buyer if Seiler will comply, Buyer 4o2
will notify Seller within 5 DAYS in writing that Buyer will either: 403
a. Comply with notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR 404
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be retuned promptly to Buyer 405
and this Agreement will be VOID. 406
If Buyer fails to notify Seller within the dine given, Buyer accepts the Property and agrees to the RELEASE set forth in Para- 407
graph this Agreement 408
(D) Buyer ' ad i a public road may require issuance of a highway occupancy permit from the Depart: rams 'on 409
Buyer Initials: A/S-2K Page 5 of 8 Seiler Itd 410
412 v, um 0-cuuun or tens Agreement Seller will order for delivery to Buyer, on or before settlement: 411
1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violations
f
i
413
t • o
zon
ng, hOUS- 412
ing, building, safety or fire ordinances, AND/OR
414
415 2. A certificate occupancy
permitting of the prop". In the eventrepairs/improvements are required for the issuance of the certificate
Sell
416 ,
er 414
will, within _ 5 DAYS of Seller's receipt of the requirements, notify Buyer of the requirements and whether Seller will make the 415
required repairs/improvements at Seller's ex
ens
417
418 p
e.
If,Seller chooses to make the required ten 411,
repairs! pro vements, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set at;
forth in paragraph 25 of this Agreement. If Seller chooses not t
k
h
d
419 o ma
e t
e toe
req repairs/improvements, Buyer will, within _5 DAYS, ss
u
notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repairs/improvements at Bu
er's e
'
420 y
xpense and with Seller
s 4
19
permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs
q o tf Seiler fails to res
ond 420
i
hi
422 p
w
t
n the time given, Buyer may, within
5_ DAYS, terminate this Agreement in writing, in which case all deposit monies paid on account 421
of purchase price will be returned promptly to Buyer and this A
reement
ill b
VO
423 g
w
e
ID.
15. TITLE, SURVEYS & COSTS (1.02) 422
424 423
(A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the followin
: e
i
i
425 g
x
st
ng 424
deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads
easements visible u
o
4
426 ,
p
n
25
the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate 426
427 will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates
426 . 427
(B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation of same
if an
4
429 ,
y:
26
(2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if any; (3) Appraisal 42?
430 fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals
431 . :30
(C) Any survey or surveys which may be required by the Tide Insurance Company or the abstracting attorney for the preparation of an adequate 31
432 legal description of the Property (or the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buyer or 432
433 required by the mortgage lender will be secured and paid for by Buyer.
u
434 3
(D) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at the regular rates, as 434
435 specified in paragraph 15(A), Buyer will have the option of. (1) taking such tide as Seller can give with no change to the purchase price; or (2) being 435
436 repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller for any costs incurred by Buyer for any inspec- 436
437 tions or certifications obtained according to the terms of the Agreement, and for those items specified in paragraph 15(B) items (1), (2). (3) and in 43,
438 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
36
439 .
16. ZONING CLASSIFICATION (1-02)
446 439
Failure of this Agreement to contain the zoning classification (except in cases where the property land each parcel thereof, if subdividable) is zoned 440
441 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits 441
442 tendered by the Buyer will be returned to the Buyer without any requirement for court action.
443 44,
Zoning Classification
444
? ELECTED. Within 15 DAYS of the execution of this Agreement, Buyer will verify that the existing use of the Property as 444
443
445 is permitted. In the event the use is not permitted, Buyer will, within the time 445
446 given for verification, notify Seller in writing that the existing use of the Property is not permitted and this Agreement will be VOID, in which 446
447 case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to respond within the time 447
448 given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in full force and effect 446
449 17. COAL NOTICE 449
450 NOTAPPLICABLE
451 450
? APPLICABLE
452 _ 451
THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND 452
453 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 453
454 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This 454
455 notice is set forth in the manner provided in Section 1 of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the
456 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 4se
457 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 457
458 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 45;
459 to sign the deed from Seller which deed will contain the aforesaid provision. 459
460 18. POSSESSION (1-02)
461 460
(A) Possession is to be delivered by deed, keys and:
462 461
1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, AND/OR 462
463 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the 463
464 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 464
465 time of execution of this Agreement. 465
466 (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 466
467 consent of Buyer. 467
46a 19. RECORDING (3-65) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 46a
469 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 469
47o 20. ASSIGNMENT (3-85) This Agreement will be binding upon the patties, their respective heirs, personal representatives, guardians and successors, 470
471 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 471
472 Agreement without the written consent of Seller. 47_
473 21. DEPOSIT & RECOVERY FUND (1-02)
474 473
(A) Deposits paid by Buyer within _ 0 DAYS of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of 47,
475 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain them 475
476 in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed 476
177 check tendered as deposit monies may be held pending the acceptance of this offer. 477
178 (B) Upon termination of this Agreement, the Broker holding the deposit monies will release the deposit monies in accordance with the terms of a 478
179 fully executed written agreement between Buyer and Seller.
;80 479
(C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules and Regulations of 46o
81 the State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation 461
82 for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written Agreement of the parties. 48:
63 Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit monies, the attorneys' 483
84 fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 484
35 (D) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 4s'
% licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 436
17 ing all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and 457
is (717) 783-4854 (outside Pennsylvania). 4U
39 22. C NDOMINWM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-02) 489
u y NOTAPPLICABLE 490
11 ? APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' 491
2 association. §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies 492
3 of the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. 493
4 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is part of a planned 4s4
5 community as defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(a) of the Act requires 49-
6 Seller to furnish Bfiyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and 496
7 a Certif1 to n i e provisions set forth in §5407(a) of the Act. 35,
5 B uyer Initials: A/S-2K Page 6 of 8 Seller IN 95
It e a
499
500
501
502
503
504
505
506
507
509
509
510
511
$12
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
53b
539
540
511
542
543
544
545
546
547
54a
549
550
551
552
553
554
555
556
557
556
559
550
561
562
563
564
565
566
567
568
569
570
571
572
573
$74
575
576
577
578
579
580
561
582
503
564
585
586
THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OFA CONDOMM M OR A PLANNED COMMUNITY.
(A) Within 1_ DAYS of the execution of this Agreement, Seller will submit a request to the association for a Certificate of Resale and the doc-
uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within
10 days of Seller's request.
(B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is not liable to Buyer for the failure or
delay` of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by
the association and included in the Certificate.
(C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR until
settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing; thereafter all deposit monies will be
returned to Buyer.
(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 reimburse
Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: (1) Tide search, title insurance and/or
mechanics ben insurance; or fee for cancellation of same, if any; (2) Flood insurance andfor fire insurance with extended coverage, mine sub-
sidence insurance, or fee for cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any.
23. MAINTENANCE & RISK OF LOSS (1-02)
(A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal
wear and tear excepted.
(B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly
notify Buyer in writing of Seller's choice to:
1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys-
tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to
the RELEASE set forth in paragraph 25 of this Agreement, OR
2. Not repair or replace the failed system or appliance, and not credit Buyer at settlement for the fair market value of the failed system or
appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance, or if Seller falls to notify Buyer
of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before settlement, whichever is sooner, that Buyer
will:
499
500
501
$02
503
504
505
506
507
38
i0
I1
2
3
a
5
6
r
6
9
0
1
2
3
a
25
6
9
5
,u
1
2
3
a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agmement. OR 5
b. Terminate this Agreement, in which case all deposit ninnies paid on account of purchase price will be returned promptly to Buyer 52
and this Agreement will be VOID. 52
(C) Seller will bear risk of loss from Fire or other casualties until time of serdement. In die event of damage by fire or other casualties to any prop- 52
erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and 5?
promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds
of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of 53
the time of execution of this Agreement. 53
24. WAIVER OF CONTINGENCIES (1-02) 53
If this Agreement is contingent on Buyer's right to inspect eWor repair the Property, Buyer's failure to exercise any of Buyer's options within 534
the time limits set forth in this Agreement will constitute a WAIVER of that contingency and Buyer accepts the Property and agrees to the 53•
RELEASE set forth in paragraph 25 of this Agreement.
536
zs. RELEASE (1-02) 537
Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES, and any OFFI- 536
CER or PARTNER of any one of than and any other PERSON, FIRM, or CORPORATION who may be Bnble by or through_them, from 53e
any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences them- 54c
of, whether now known or not, which may arise from the presence of termites or other wood-borlug insects, radon, lead•based paint haz- 54,
ards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site water service system. 542
or any defects or conditions on the Property. Sbould Seller be in default under the terms of this Agreement, this release does not deprive 543
Buyer of any right to pursue any remedies that may be available under law or equity. This release will survive settlement. 544
26. REPRESENTATIONS (1-02) 545
(A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller. Brokers. 546
their licensees, employees, officers, or partners ate not a part of this Agreement unless expressly incorporated or stated in this Agreement. It is 5a
further understood that this Agreement contains the whole agreement between Sella and Buyer and there are no other terms, obligations. 546
covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this 545
Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. 556
(B) It is understood that Buyer has inspected the Property before signing this Agreement (including fhttures and any personal property 55:
specifksdly scheduled herein), or bas waived the tight to do so, and has agreed to purchase the Property in Its present condition unless 552
otherwise stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employee, officers or partners have not made 553
an independent examination or determination of the structural soundness of the Property, the age or condition of the Components, envi-
ronmental conditions, the permitted uses, or of conditions existing In the locale where the Property Is situated; nor have they made a 555
mechamical Inspection of any of the systems contained therein. 55
(C) Any repairs required by this Agreement will be completed in a workmanlike manner. 6
557
(D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 556
(E) The headings, captions, and line numbers in this Agreement are meant only to retake it easier to find the paragraphs. 559
27. DEFAULT (1.02)
(A) Seller has the option of retaining all sums paid by Buyer, including the deposit monies, should Buyer: sac
561
1. Fail to make any additional payments as specified in paragraph 3; OR
2. Furnish false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or financial Status 562
563
,
or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the approval of a 5a4
mortgage loan commitment; OR
3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 565
(B) Unless otherwise checked In paragraph 27 (C), Seller may elect to retain those sums paid by Buyer, including deposit monies, in one of the 56
6
561
following manners:
I. On account of purchase price; OR
2. As monies to be applied to Seller's damages; OR 569
569
3. As liquidated damages for such breach. 516
(C) ? Selmer is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 571
572
(D) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or (C), Buyer and Seller 513
will be released from further liability or obligation and this Agreement will be VOID. 57
28. MEDIATION (7-96) ,
? NOTAVAn ABLE -
? WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 576
gation on the part of any party to do so.
ELECTED 573
(A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 515
580
and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference and 561
signed by the parties will be binding. 562
(B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/Home Buyers Sa3
Dispute Resolutio System (see Mediation Notice).
(C) This erg m t =tes arising from this Agreement will survive settlement. $84
5a5
Buyer Initials: A)S-2K Page 7 of 8 Seller prig
Sae
a f a
587
588
589
590
391
592
593
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596
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6n
61z
613
614
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616
617
618
619
620
621
622
623
624
525
626
29. SPECIAL CLAUSES (1-02)
(A) The following are part of this Agreement if checked:
? Sale & Settlement of Other Property ?
Contingency Addendum (PAR Form SSP) ?
- ? Sale & Settlement of Other Property Contingency ?
with Right to Continue Marketing Addendum ?
(PAR Form SSP-CM) ?
(B)
Settlement of Other Property Contingency Addendum (PAR Form SOP)
Tenant-Occupied Property Addendum (PAR Form TOP)
Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of Otis
Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised
to ?JWyer an attorney before signinU they desilegal advice.
r has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code $35,336.
i has received a statement of Buyer's estimated dosing costs before signing this Agreement.
rruyer has read and understands the notices and explanatory Information set forth in this Agreement.
Buyer bas received a Seller's Property Disclosure Statement before signing this Agreement, if required bylaw (see Information Regarding
the Real Estate Seller Dbdomre Law).
? Buyer has received the Deposit Money Notice (for cooperative sale when Broker for Seller is boding deposit money) before signing this
Agreement
627 WITNESS BUYER DATE
628 Sbif
629
630 Seller hereby approves the above contract this (date)
631 and inconsideration of the services rendered in procuring the Buyer, Seller agrees pay the named Broker for Seller a fee of
632 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will be divided
633 Seller, d , Broker for Seller, but in no event will the sum paid to the Broker for Seller exceed the above specified Broker's fee'
634 !
635 `G7?bdler has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336.
636 ?sikr has received a statement of Seller's estimated dosing cosh before signing this Agreement
637 p/Seller has read and tmderstands the nod es and explanatory Information set forth in this Agreement.
636
639 SELLER'S MAILING ADDRESS:
540
641
642
643
644
645
646
647
648
649
550
651
652
653
654
655
656
657
556
655
660
661
662
663
664
665
566
667
668
669
670
671
WITNESS SELLER
DATE
SSif
Broker's/Lice sees' Certifications (check all that are applicable):
? Regarding Lad-Based Patent Hazards Disclosure: Required N Property was buBt before 1978: The undersigned Licensees involved in
this transaction, on behalf of themselves and **air brokers, certify that their statements are true to the best of their knowledge and belief.
Acknowledgement: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential Lead-Based
Paint Hazard Reduction Act, 42 U.S.C. §4852(d), and are aware of their responsibility to ensure compliance.
? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that
the teems of this connect for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of
these parties in connection with this transaction is attached to this Agreement.
? Regarding Mediation: The undersigned ? Broker for Seller ? Broker for Buyer agree to submit to mediation in accordance with
paragraph 28 of this Agreement.
BROKER FOR SELLER (Company Name)
ACCEPTED BY DATE
BROKER FOR BUYER (Company Name)
ACCEPTED BY DATE
A/S-2K Page 8 of 8
587
568
589
590
591
592
593
594
595
596
597
596
599
600
601
60,
603
604
605
606
607
SOb
6L.
612
613
6t:
615
616
617
616
519
62C
62'.
622
623
624
625
62E
627
626
Etc
630
63i
632
633
E3:
63-
63E
63
63
640
641
642
643
644
645
546
64,
646
649
656
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653
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656
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656
655
660
661
662
663
664
665
66E
667
666
669
6%
WITNESS SELLER
DATE
1 (A
EXHIBIT "B"
EIN#23-2716480 5 4 6 5
FAS4?ibOTER
SEWER & DRAIN CLEANING SERVICE
Send payment to: P.O. Box 347 • Columbia, PA 17512-0347
Harrisburg: 717-238-0911 West Shore: 717-774-3919 Chambersburg: 717-264-5499
Lancaster: 393-7765 • York: 843-9660 - Hanover: 633-9593 - Gettysburg: 334-564
141Vrt 03
Name _ ,&,k `iz /3coe ---Z---
Bill To
Job Address tvV-;i&.? 1 /(/.?
Phone-Date 200
Line Cleaned
Length & Size of Line
r.ThLP_e-A S 1?e-erliiee- lam/`P `_
RETURNED & DISHONORED CHECKS
WILL INCUR A $30.00 SERVICE CHARGE
I hereby acknowledge the satisfactory completion of
the above described work & accept the conditions on
reverse side.
"? AM /y ?
Time In 16 /0 Z? serviceman 4*1 Time Out
Terms Payable Upon/COMPOVLETION OF JOB
TOTAL AMOUNT DUE: f9 ?
x
Customers Name P ase Print)
I Customer Signature
Length
Guarantee M-F, 8 AM-5 PM. $45
service call for after 5 PM and
weekends. Guarantee is valid
for: 1 return up to 1 hour of free
service if the line described
above fails to drain. "Guarantee
void if line is blocked with any for-
eign object including sticks, rags,
tampons, rocks, diapers, grease,
leaves, food, dirt, etc., or broken
settled section of pipe or
mechanical problem. This receipt
is your guarantee.
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Richard P. Mislitsky, Esquire
One West High Street
Suite 208
P.O. Box 1290
Carlisle, PA 17013
(Attorney for Plaintiffs)
Date: February 27, 2009 IRWIN & McKNIGHT
1? ?W A' AlL.
Douglas Miller, Esquire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Daniel V. Kingery
,.
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. ,?
Kathryn A. Ingle-Rosario
Richard A. Rosario
6 Mountainview Dr.
Mt. Holly Springs, PA 17065
Plaintiffs
V.
Mr. and Mrs. Daniel V. Kingery
1312 Georgetown Circle
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
No. 07-214 CIVIL
PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER
AND NOW comes the Plaintiffs by and through their attorney, Richard P.
Mislitksy, and responds to the Defendants' New Matter as follows:
43. No answer is required pursuant to the Pennsylvania Rules of Civil
Procedure.
44. It is admitted that the Agreement of Sale was dated October 12, 2004.
The implication that only Daniel Kingery entered into the Agreement of Sale is
specifically denied. To the contrary, Daniel Kingery entered into the Agreement of
Sale on behalf of himself and his spouse, Defendant Mrs. Daniel Kingery.
45. Denied. It is specifically denied that Mrs. Kingery was not an owner
of the subject property. It is admitted she did not sign the Agreement of Sale. It is
specifically denied that she was not an owner, or had an interest in the subject
property. Mr. and Mrs. Kingery purchased the property during the marriage and
used joint funds to pay for the property.
46. The Seller's Property Disclosure Form is a written document. As such
it speaks for itself. The implication that Mrs. Kingery was not an owner of the
property, nor had an interest in the property, because she did not sign the
Agreement is specifically denied. The Defendants are husband and wife who used
joint property to purchase the property.
47. The Deed is a written document and speaks for itself. It is specifically
denied that Mrs. Kingery was not a party to the real estate transaction. To the
contrary, she was the wife of Mr. Kingery. As such, and for other reasons, she was
an equal owner of the subject property.
48. Plaintiffs' have been advised and therefore aver that no responsive
pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the
extent an answer is required, Plaintiffs did not require Court permission to name
Mrs. Kingery in this litigation. By way of further answer, Defendants filed
preliminary objections raising this point. Defendants' preliminary objections were
denied by the Court.
49. It is admitted that Plaintiffs filed a Complaint with the District Justice.
The time of the filing of the Complaint is a matter of public record and no specific
-2-
response is required. It is specifically denied that the Plaintiffs purchased the
property from the Defendant, Daniel V. Kingery. To the contrary, Daniel Kingery
and Mrs. Kingery were joint owners of the property by operation of law, among
other reasons.
50. It is admitted that the Plaintiffs' Complaint filed with the District
Magistrate named only Daniel V. Kingery. By way of further answer, Daniel V.
Kingery and his wife, Mrs. Daniel Kingery, were joint owners of the property by
operation of the law.
51. Denied. The language in paragraph 51 makes Plaintiffs' response
difficult. The Complaint filed with the Court of Common Pleas is different than
the Complaint filed with the District Magistrate. By way of further answer, the
action of the Court of Common Pleas is an action de novo. It is specifically denied
that service was not made on Mrs. Daniel Kingery. To the contrary, Mrs.Daniel
Kingery at all times material hereto, and for all relevant purposes, is the wife of
Daniel V. Kingery and, by operation of law, owner of the property and the same
entity as Daniel V. Kingery, her husband.
52. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
-3-
53. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
54. The averments in paragraph 54 are incomprehensible and cannot be
specifically answered by Plaintiffs. It is admitted that the damage occurred in
2004. It is denied that Plaintiffs have not cleaned their basement since 2004.
However, Plaintiffs have been unable to remove the damaged material.
55. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
56. Plaintiffs cannot respond to the allegation that Daniel V. Kingery
engaged the services of Fast Rooter "through his daughter". Said averment is
therefore denied. The written document attached as Exhibit B to Defendants'
Answer and New Matter is a written document and speaks for itself.
57. Exhibit B is a written document that speaks for itself. No further
answer is required pursuant to the Pennsylvania Rules of Civil Procedure.
58. Plaintiffs cannot specifically respond to the Defendants' use of the
words "running good". Such a statement is relative. It is specifically denied that
-4-
the Defendants were unaware of roots growing in the sewer line or the need to
replace the sewer line, as Defendants' averment implies.
59. Denied. It is specifically denied that Defendants were not aware at
any time prior to the sale of the home that tree roots were growing in the sewer line
and that the sewer line had to be replaced. Strict proof to the contrary is
demanded.
60. Denied. It is specifically denied that Defendants were not aware at
any time prior to November 3, 2004 that the sewer line was broken and in need of
repair. Strict proof to the contrary is demanded.
61. Answering Plaintiffs are without specific knowledge or information to
form an opinion as to the truth or falsity of the averments contained in paragraph
61.
62. Answering Plaintiffs are without specific knowledge or information to
form an opinion as to the truth or falsity of the averments contained in paragraph
62.
63. Admitted, with the qualification that this dispute involves a sewer
system not a septic system. By way of further answer, at no time did Daniel V.
Kingery disclose to the Plaintiffs that the sewer system had been experiencing
problems to the extent experienced by the Plaintiffs after purchase of the property.
-5-
64. It is admitted that the Defendant Daniel V. Kingery replaced and
upgraded the sump pump and that such is stated on the Property Disclosure
Statement. Plaintiffs are without sufficient information, knowledge or belief to
form an opinion to the remaining averments in paragraph 64.
65. Admitted. By way of further response, professional inspection would
not have uncovered the problem because cameras are not placed in the lines during
an inspection.
66. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
67. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
68. Denied. Plaintiffs have been advised and therefore aver that no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil
Procedure.
-6-
Respectfully submitted,
Richard P. Mislitsky, Esquire
Supreme Court ID # 28123
1 West High Street, Suite 208
PO Box 1290
Carlisle, PA 17013
(717) 241-6363
Attorney for Plaintiffs
-7-
Verification
We verify that the statements made in the foregoing document are true and
correct to best of our knowledge, information and belief. We understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating
to unworn falsification to authorities.
0""-
Date: / R MAR, o9
Kathryn A. Ingle-R ario
Date: -3 v c% A ,
Richard A. Rosario
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Response to New Matter has
been has been duly served upon the following, by depositing a copy of the same in
the United States Mail, first-class, postage prepaid as follows:
Douglas G. Miller, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, PA 17013
By•`
Date: For Richard P. Mislits r
Supreme Court ID # 28123
1 West High Street, Suite 208
PO Box 1290
Carlisle, PA 17013
(717) 241-6363
Attorney for Plaintiffs
E F'
M9 AF 2F+ F 2: 5
Cu"? _ I?y
David D. Bueff
Prothonotary
KirkS. Sohonage, ESQ,
sorieitor
;. F C 1,
7750
Renee X Simpson
1" Deputy Prothonotary
Irene E. Morrow
2na Deputy Prothonotary
Office of the ftothonotary
Cum6erfand County, Pennsylvania
0,74,2V CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, Pg 17013 • (717) 240-6195 • FaX (717) 240-6573