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Home My WebLink About00-01357 ~""'MO~E"LTH 0' PENNSYLVANIA COURT 0' COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMONPLEASNo.;).Q)O- 1357 C\ii /TeJYl1 NOTICE OF APPEAL Notice is given t/taI the appellant has filed in the above Caurt of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME Of APPEUANT AL, - t., OTY ZIP CODe ~es ~{'j CV"",, 11"",0111-QQ IT 19 This block will be signed ONLY when this notation is required under Po. R.c.PJ. . 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothon_y or Deputy If appellant was CLAIMANT (see Pa. A.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST F'LE A COMPLAINT within twenty (20) days after 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,JP, No. 1001 (7) in action before District Justice. 'F NOT USED, detach from copy 0' notice of appeal to be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon Po:::.. v-. , 1) I ~ J ~ Name of appeIIee/sl (Common Pleas No. QW- J 357 Cl'.i i /1e(YTl ) within twenty (20) days after servi e of r RULE: To , Pa.u.... \ D I...J", Name of aweJlf"3Is} Signature of appeHant or his artomey or agent , appellee(s). (1) You "16 notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the d"te 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. Date:~cl\ q-fil,~~ \'Ulo.~' Prothrlnawy IX Deputy PDPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ~-" ',""" 1--0" I " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool of servioe MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check epplicableboxes) COMMONWEALTH OF PENNSYLV4NIA COUNTY OF ; .. AfFIDAVIT: I hereby swear or affirm that I served a copy 01 the Notice 01 Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) 0 by personal service 0 by (certified) (regislered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and further that I served the Rule to File a Compiaint accompanying the above Notice of Appeal upon the appeilee(s) to whom the Rule was addressed on , 19_~ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFiRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ' ,19_ Signature of amant Signature of official before whom atfid~vit was made Title of official My commission expires on , 1!L-.- 0 0 0 C C> "'n :?: -~ :.,-1 -"" "OJ ~i'::.~ ...;~- --n GIn"' ::;0 1'11, t ~ -;:";"""7 :::':::',C" I ~:'gQ I', U~,X--: U::O 7J .j:: (:.~~j -2,6 \1; ~ <c 'V ~I:B .tJ (J1 ~~ -".> 00 ..0 ~ c.: \ N gm \}. )U ~ '/ (1\ ,- r:- ,;; \ ..r.:. 0'1. --.\ :u I :t. -< :.<.; , ~ \ W ~rr } ~ or-~ .. .,."rn ",~tmV" flF,~_ "n_,_ ..I)lff~~~~'~M~L.l. _ Jill. ~,,'''"l'I';,,~_~~-''','1''4'-'''''''''''''"''!''~{'~'{''';'''f4';'<''W''''~W.lJ!l.Wi~~.~~t!l~r;F~1 ,)~J_~ , ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CtIHBBlU;:AND Mag, Qist. No.: 09-3-01 OJ Name: Hon. HARO~D B. BENDER Ad"'.,'" 81 WALNUT BO'l'TOM ROAD P.O. BOX 361 SHIPPENSBURG, PA T.I.phono: (717) 532-7676 17257-0361 TROYBBAM 401 SHIPPENSBURG RD SHIPPENSBURG, PA 17257 i!/) TtbSIS TO Nd~FV VOU THAT: Judgment: [i] Judgment was entered for: (Name) 00 Judgment was entered against: (Name) NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME ,nd ADDAESS mINDA, PAUL 'I PO BOX 640 SHIPPENSBURG, PA 17257 L ~ VS. DEFENDANT: NAME and ADDRESS 'BEAK, TROY, ET AL. 401 SHIPPBNSBURG RD SHIPPENSBURG, PA 17257 L Docket No.: CV-0000171-99 Date Filed: 12/07/99 'I ~ POR PI.A.Il\1TIFF OTIII11A PATTI. . in the amount of $ ~'RaM, 'PRnv ,!??,/oo ",101 'iO on: D Defendants are jointiy and severally iiable. D Damages will be assessed on: o This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ D Levy is stayed for days or D generally stayed. o Obj~ctio~t?levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment $ 5.000.00 Judgment Costs $ 101.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,101.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment TOlal $ - Date: Place: Time: , ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THIt PflOTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOllR NOTICE OF APPEAL. . 1/ J ~/l. _ '. "';" c~" .~!J- ()IJ Date ~ ~ .,1?lstrictJuslice , :, '.' ...... --'- I certify that this Is a true and correct copy of the recDrd of the proceedings"c,O>(lailiina the;,judgmenl. " '~'., " . , -., .. 't- Date ' ,'- ,.; District Justice ,'" , ", , My commission expires first Monday of January,/J.tj(Je,. SEAL ~ ^S~ ~l~, p~ J i I \ ~" r, . ~ 02/28/00 12:10 NO.58? P002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLlIND NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE NAME and ADDRESS PLAINTIFF: 'DINDA, PAUL PO BOX 640 SHIPPBNSBURG, L .J Mag,Dist. No.: I 09-3-01 OJ Name: Hon. PA 17257 HAROLD E. BENDER AdO'"'' 81 WALNUT BOTTOM ROAD P.O. BOX 361 SHIPPBNSBURG, PA Tol,p"" (717) 532 -7676 17257.0361 VS. DEFENDANT: NAME and ADDRESS fBEAM,TROY, ET AL. 401 SHIPPBNSBURG go SHIPPENSBURG, PA 17257 L DocketNo.: CV-0000171-99 Date Filed: 12/07/99 .J I FOREST ACRES TRUST 12 CARROLL ST WESTMINSTER, lID 21157 li; .off,' ~~ T.tlIS IS TO NQrIF'l-YOlJ.+liA T: -. Judgment: DEFAULT JUDGMRIII'I' PLTF [!] Judgment was entered lor: (Name) nn.rru, ~Jt.TTT. ~ Judgment was entered against: (Name) FOR'RST Jt.r.R'RR TRURT in the amount 01 $ (Date of Judgment) (Date & Time) ",101 "0 on: 2/21.100 D Defendants are jointly and severally liable. D Damages will be assessed on: Amount of Judgment $ 5.000.00 Judgment Costs $ 101.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5.101.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice. D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ D Levy is stayed lor days or D generally stayed, D Objection to levy has been filed and he~ring will be held: I". Time: fOoo I 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 DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMEN RAN SCRIPT FORM WITH YOUR NOTICE OF APPEAL. "':~:",~'5lj'~"6:'o:t~':"":':" ~,', ",,','.Dist;ictJU~tic~; , , I certify that this isa tiueand corretrcopy oftl1Ei record otthe proceedings Ccfnt8.lning t~1!4~rU!,nt~ Date "..: . Distilbt' Jtlsti~[ , ." .~. ''':. My commission expires first Monday of JanuarY66'-r:. AOPC 315-99 SI,:AL,." _ co, ~ ,_.J c. Z 375 183,449 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse So to Postage Certified Fee - Special Delivery Fee Restricted Delivery Fee '" m Return Receipt Showing to ..... Whom & Date . d "[ Return <C Da!e,& Q o TO! fa> CO ... 'p E ~ (J) a. ;Ul% .,. r- .,. '-';'''- 1-" "'-~-'.' -" ,,, .~ . ,~- """",^' ",., v CbwlMONWEALTH ()F PEI!N5YLVANIA COUR' OF COMMON PLEA5 . NOTICE()F ApPEAL fROM JUDICIAL ,0:15TIICT DISTRICT JOSTICEJUDGMENT CQMMClN PLEAS No.;J.a>o-,/357CviIfef;'ft NOTICEOl,APPEAL ,qyJ\ Al. - T~T CITY ZIP CODE Di",~tA CV,," 0000 ),I-<1l:j LT19 This block will be signed ONLY when this notaHon is required, under Pc. R,C.P.J. . 10088.' , , This' Notice of App,eal" when received ,by- the District Justice, will, ,'Qperate as a SUPERSEOEASta the judgment for possession in this cose. \>4 7 (DeIen~e''l '~, I!~ t;t"l.i 'E"T J"\'- ,.....--.- Si9nature of Prothonotary or Deputy If appel/ant was CLA'MANT (seePa.. R.CP.JP. No. 1001({)) in,action before District Justice, he MUST FILE ACQMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE T() ENTER RULE 10 FILE COMPLAINT AND, RULE TO FILE - .. . (This section o"orm to be used ONLY when appellant was DEFENi:!ANT (see Pa, HCP.J.P, No, 1001(7) in action be'ore District Justice, 'F NOT USED, detaCh from copy 0' notice of appeal to be serVed updnappellee). PRAECIPE: To Prothonotary Enter rule upon p"", v... , 1:) I ~ J '^ , . " Name of awe/lee(s)' " (C<>rnmon ~Ieas ,No. ;lWJ-:-J357 Ct~i /1etm) within twenty (20) days alter,servj e of r, , , " ",;' ' ' < ' ~lIee(s), to file a complaint in this appeal RULE: Ta , Pa......., l',,,,J,,, ~e of ~/fNj(s) Signature qf,appeJ/anfoi his attoiney or agent . appellee(s). . ,,' " , """",;'\"~,l'~).;"".. - "~c.~ (1) Youare notified that a rule is hereby entered upon you ta file a complaint in this appeal wit~io:~y (2P"d~Pflerl~!lOie Oil'" service of this rule upori yOu by personal service or by certifielJ or registered mail. .. ,::: :{';,' > '.. ,,' . I".. ". ,. " , . . .' . /~~~.:r. ,\...' ". "." \'. ,:~,~__..V.I~, _.' (2) ~ you do not file a complaint within this time, a JUDGMENT Of NON PROS WILL 8E'ElilreRED AGAINSTt YOU.' ": Yrt, _~:~;'"~~'-~-"...,.._...... ~~~,~,~'K. ...... "i,':~,' .. ~ProtJron<:blry ~ "ltj,~;t:~~+{,~,:;:.v:,:,'. , ,iCY , \ . ,.^~;"c' '0", ,tiCJP(>312-B4 OOU.RTFI~E " . ~, . . , . , '.,<',. .' - ':-O--:';w.i~rlf,iliL._,,..;,'" "'''';'~'~';''':'''~~r'' ,;~;;;,;,;; / , , ""~'~''''''''~,",.~~.""""" """"'~""'-.~' ;:::,. ~ _... 7'!'('''''J;;rn;:j;:litB~~~,,,,~",..: _~1"''':."'!'~'''''''r''''''''''''''''' .~ ~",-""",,*;c:-;. , .. ~.?,~,"=...",~ "-,,,. f' ,,'-' - ", o'_)!;~_~,1<~'.-~-<0~~;'~''"':'_-,,-$~",",M~r . - " .' . PROOF OF SERVICE Of NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice 01 appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF G........b....-. \,,'" ~\ ; ss AFFIDAVIT: I hereby swear or affirm thai I served o a copy at the Notice of Appeal, Common Pleas No, 7 rN' - I?, s-7 , upon the District Justice desi\lMted therein on (date of service) M>'lA., h fa ',w<> 0 by personai service [8. by (ce\!!~'1ll(regrsfer'e~) mail, sender's receipt attached hereto, and upon the ~ppellee, (name) ?I>\.. 0 ~,; ~ d .A., , on MAil"''^- ,,, , 1lI>~ 0 by personal serviceS by (certified) (registered) maii, sender's receipt attached hereto, o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ 0 by personal service 0 by (certified) (registered) mali, senders receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS IO'\:!>. DAY OF (V\Aa.c.-,^- ,2ibaC:> ~~- Signa/tJre of affiant of official before whom affidavit was made /J11. 6 ~. .8 0-6~~.,.) I N~'An.1 p..6i.-C -;;;':;:nCifil My commission ex.pires on , 19-.- NOTAllAl SEAL MUIJIN S. HAM. NoIary ...1oIIc $hi........... 8010. Cu..berland Co. PA My COllllnluion Expi... Oct 1 2001 C) 0 0 c: c::> .1 3-: - -I ~ -OeD ,~ '1: rl1m ;;:;;:J ~n:n Z:JJ l. r'~ ~?i .j:;- ~~ '---.( ~C:J "V 7-7'; ::l~ " P.--.. 'e~O ~:?'z .i ?....:::C> Om >c -"7 =-l ""Z--=- "'" '55 -l -< l'V -< i<'" ~^ " ~_ __.~~~_~!!iiiE!'i'!'t~""m'~""'~"'~""'~";C"","'-"',,"'-i""-'''-:-'''-"', v'"~''''~'-~-'"''''''''''i'?''',,-,'l'=---':m;r''''l'''''''''''''~-':'''''''T'''-''',''' "r",'-,,'F-" w--,","'3.0',;,,-'- ,r"i'"""__';W'H'~'lit'H;tw,,~:)t;"'J' '-':".'.-_:;+;':""~.~'!:wf~~;t'+I!li<liY'l " . -.~ ~. . ,1"'" " .... / .~ PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. v. SALLYJ.~ER,ESQtmRE 701 E. King Street Shippensburg, Pennsylvania 17257 Additional Defendant PRAECIPE TO ISSUE WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT PURSUANT TO Pa.R.C.P. 2252 To the Prothonotary: You are directed to issue a Writ of Summons against Sally J. Winder, Esquire, to join her as an additional defendant in this civil action. The complaint was filed on March 29, 2000. LEE A. STIV ALE, QtmRE Attorney for the Defendants Jackson, Cavanagh & Stivale Mills of Victoria, Suite 103 1489 Baltimore Pike Springfield, P A 19064 (610) 604-4970 (610) 604- 4975 fax ~l_ =- ~ "'>^r<-~J'-"" .-. - ]11'" "T"fiii I" . .'" CJ 0 0 C c:> -,~ 2" :x: .~ ~. \.HJJ ::< 211"!! mm ' , Z" ~'r,:')m ,","' I Zc oJ -06 if';!::: ,~( ,,<L <:;:::0 #"l> ,~. ~ :+t ~o :z ~B -0 e ern )>c: "'" Z; w ~ =< \.0 '< " _ ~~.JL1_. ~ ~~"~~~~Il~~l..,..,.., ~.~~~~lf; ~ . '<, Cumberland County, ss: The Commonwealth of Pennsylvania to Sall v J. Winder. Esq. (Name of Addiltional Defendant) You are notified that Troy Beam individually and Forest Acres Trust (Name (~) of Defendant (5) ) has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date May 8, 2000 Curtis R. Long I\rotlhl>llotary ~,,~ - P '?PO'A-,~J Depu (SEAL) Sally J. Winder, Esq. 701 E. King Street Shippensburg, PA 17257 , ~'"-"'-~~-,- Ilf . ~ ... ~ ~ I,' IJ II p '", "'(J1f-'~"-fb >. (J1 ~ 6 :Y f1J 1- f-''O "" . PJ :Y 1-" ~ Oti OOf-'O CD g~ 1-'- ~ '" I I-""'f-'~~ :;: f-' <n ::s en Ul '" O<.Q &? o. a~ CD 1,,- rt 1-'- 0 0 ""Hl 00 0 Hl 1-'- 0 I I-l-f--lt-fl... (J1 '" fl CD ~ I ""CDrt rt 0" f-' '" f-' 13' <: ("J 1-'- 0 C :;: ~ W -.J 0. 1-" PJ ~ ~ 1-'- lJ1 0_ 0 0 ~ ~d ~ '" PJ -.J tirt f-' a ("J f1J CD 0 CD "3 ~ ti PJ- t"'...... ;g ti 8 - I-" f1J I-'.<.Q - '" ~- ~ ~ ~ f-' 1-'- PJ :Y i:':I 1-" \.O~.. Ul 00 f-' i:':I rt f-' o CD "".0 > -.J '" '" (J1 . t'fj~ '" .0 PJ "" C (J1 "!jz ~ lJ1 f-' 0 1-'- rt trltrl -.J f-' 1-'- rt 1-" e. i~ ~ :;l CD <: ZO 0 PJ .. ~ f-'f-' ~>. !. OCD 0 > w - ~ ~Z t r ~ ~ II ~ al - ~. ."~"",. . !mlll'II~~~~ "'~~ -; _._"",.e ,"_~l _ ~ ~ . ~-":-~ '!IIfl!1II!1~ , f PAUL DINDA and MARY DINDA, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA -vs- : CIVIL ACTION - LAW : NUMBER: 2000 - 1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendant, NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and Notice are served, by entering a written appearance personally or by attorney ana filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 100 South Street POBox 186 Harrisburg PA 17108 Telephone: 1-800-692-7375 or (717) 238-6715 By~~ Sally J. . der Attorney for Plaintiff 701 E. King Street Shippensburg, PA 17257 .-- ~"T~- ~ PAULDINDAand MARY DINDA, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -Vs- CIVIL ACTION - LAW NUMBER: 2000 - 1357 CIVIL TERM TROY BEAM, iudividually, and FOREST ACRES TRUST, Defendant, COMPLAINT COME NOW, Plaintiffs, Paul Dinda and Mary Dinda, by and through their counsel, Sally 1. Winder, Esquire, and do state the following: 1. Plaintiffs, Paul Dinda and Mary Dinda, husband and wife, are sui juris adult individuals residing in Southampton Township, Cumberland County, Pennsylvania, and having a mailing address ofP 0 Box 640 Shippensburg, Pennsylvania, 17257. 2. Defendant, Troy Beam, is a sui juris adult individual having a residence and mailing address of 401 Shippensburg Road, Hopewell Township, Cumberland County, Shippensburg, Pennsylvania, 17257. 3. Defendant, Forest Acres Trust, purports to be a legal entity having an address of 12 Carroll Street, Westminster, Maryland 21157. 4. At all times relevant to the matters herein, the Defendant, Troy Beam, represented himself to be attorney-in fact for Forest Acres Trust, and acting for his principal, Forest Acres Trust under the provisions of a written power of attorney. 1 ,-. , , 5. At all times mentioned and relevant herein, Defendant, Forest Acres Trust, was the title owner of the premises known and numbered as 197 Beach Tree Street, Shippensburg, Pennsylvania, consisting of a lot improved with a residential dwelling house which had been constructed by Defendant, Troy Beam, as general contractor. 6. On September 01, 1999, Defendant, Forest Acres Trust, through Troy Beam, AIF, agreed to sell the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, to Plaintiffs, Paul and Mary Dinda, for the sum of Two Hundred Four Thousand ($204,000.00) Dollars in accordance with the terms of a written Agreement of Sale, a true copy of which is attached hereto and marked as Exhibit "A", and incorporated herein by reference. On September 01, 1999, Plaintiffs, in accordance with the terms of the Agreement, paid to Hale Real Estate, agent for the Defendant, Forest Acres Trust, the sum of Five Thousand ($5,000.00) Dollars, as a deposit on account of the purchase price as shown on the face of the Contract marked Exhibit "N', attached hereto. 7. At the time of signing of the Contract and payment of the down payment deposit of$5,000.00, Plaintiffs, through their real estate agent, Jack Gaughen Realtor, ERA, requested a copy of the power-of-attorney to verity that Troy Beam was authorized to act as attorney in fact, and enter into a Contract on behalf afForest Acres Trust. 8. No Power-of-Attorney was ever produced by Hale Real Estate as agent for Defendants, Troy Beam and Forest Acres Trust, nor has a Power-of-Attorney ever been produced. 9. At a District Justice hearing held in this matter before District Justice Harold E. Bender, Judy Hale, of Hale Real Estate, the listing agent and representative of the Defendants, 2 '-- ~~~ -~ Troy Beam and Forest Acres Trust, testified that she never had in her possession and never saw any Power-of-Attorney from Forest Acres Trust appointing Troy Beam as attorney in fact, but that she only spoke with Troy Beam concerning all matters surrounding the real estate transaction. 10. Under the terms of the Agreement of Sale dated September 01, 1999, a copy of which is marked Exhibit "A;', attached hereto, settlement was to occur on or before October 31, 1999. 11. Further, under the terms of the September 01, 1999, Contract and Agreement of Sale, time is of the essence of the Contract. 12. Plaintiff, Paul Dinda and Mary Dinda, applied for mortgage funding as required by the Agreement of Sale and occupied the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania under a separate Pre-Settlement Lease Agreement, a copy of which is marked Exhibit "B", incorporated herein by reference. 13. Plaintiffs and their real estate agent requested information concerning the boundaries of the lot and premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, and Defendant, Troy Beam, was unable to locate all of the corner pins for the property. 14. Plaintiffs, Paul and Mary Dinda, based upon the information provided by Defendant, Troy Beam, as to the boundaries of the property, became alarmed that there was an encroachment of the driveway at 197 Beach Tree Street, Shippensburg, Pennsylvania on the adjacent property and requested verification concerning such an encroachment. 3 ,,-~, " I -- 15. Plaintiffs, Paul and Mary Dinda, became aware that the sewage connection from the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, to the public sewer system was leaking and requested that personnel from the sewer authority inspect the connection. 16. Upon inspection, the Plaintiffs were advised that the sewer connection was not properly made and that there would need to be repair or replacement of the sewer line connection closest to the house which Troy Beam denied was a problem and refused to repair or replace. 17. At the time of the discovery of the probability of a boundary line encroachment and of the improper sewer connections at the premises, as well as concerns about other electrical, heating, air conditioning, and utility malfunctions or misfunctions at the property, Plaintiffs, Paul and Mary Dinda, contacted counsel concerning these matters with respect to the Contract requirements and the obtaining oflenders' title insurance which would be required by the mortgage lender. 18. Plaintiffs' real estate agent ordered a search of liens and encumbrances on the premises preparatory to issuance of a policy of title insurance for the premises through Secured Land Title Company. 19. Plaintiffs engaged Sally 1. Winder, a licensed Attorney at Law, to review the title records for the conveyancing of title to the premises. 20. The title search by Secured Land Title Company as well as counsel showed that the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, was titled to Forest Acres Trust of 12 Carroll Street, No. 132, Westminster, Maryland, by Deed from Troy A. Beam and Debbie K. Beam, husband and wife, of 401 Shippensburg Road, Shippensburg, Pennsylvania, by 4 '~ . Deed,dated November 21, 1995, and recorded November 22, 1995, in the Recorder of Deeds Office in and for Franklin County, Pennsylvania, Deed Book Volume 1278, Page 0382. No Trust Agreement for Forest Acres Trust is recorded in the Recorder of Deeds Office. The title to the property is not deeded to the named Trustees, but rather in the nanie of Forest Acres Trust, which is not a legally recognizable separate entity for titling of real estate. 21. Further, search of the records shows that the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, is encumbered by a mortgage by Andrew Earp and James Berry, Trustees, under Agreement known as Forest Acres Trust, dated November 10, 1995, to Eastern Pacific Equity Trust Fund, dated December 28, 1995, recorded January 29, 1996, in the Franklin County Recorder of Deeds Office, Mortgage Book 1043, Page 28, having an original balance of $250,000.00. 22. By letter dated October 27, 1999, a copy of which is marked Exhibit "C", Secured Land Transfers Inc., verified that a title binder was issued for the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, on October 15, 1999, with the requirement that the Forest Acres Trust Agreement be produced and approved by the title company prior to settlement and stating that as of October 27, 1999, no copy of the Trust had been produced by Judy Hale, the agent for Troy Beam and Forest Acres Trust. 23. The title binder issued by Secured Land Transfers further stated that any Power-of-Attorney intended to be used at settlement must be produced, reviewed in advance of settlement and approved by the title company prior to settlement. 24. Additionally, the binder required the Trust Agreement to be produced, a notarized Release of Mechanic's Liens to be produced, and Indemnity Agreement to be executed by the 5 builder or a Stipulation Against Liens to be produced and recorded, none of which were ever produced. 25. Additionally, the mortgage company was requested to verify through its underwriting and title review process, to verify that Forest Acres Trust was a properly formulated and registered entity authorized to transact business in the Commonwealth of Pennsylvania, and that it produced a lien certificate from the Department of Revenue verifying that no taxes were due by the Trust which could act as liens on title to the real estate. 26. The Plaintiffs, Paul Dinda and Mary Dinda, were advised by PHH Mortgage Services that the mortgage would be declined and not approved for settlement on or before October 31, 1999, as required by the Agreement of Sale because of title discrepancies. 27. Plaintiffs, Paul and Mary Dinda were advised by letter dated October 29, 1999, from PHH Mortgage Services, a copy of which is marked Exhibit "D", and incorporated herein, that the mortgage loan application had been reviewed, but not approved because of apparent title discrepancies and defects. 28. Plaintiffs, Paul Dinda and Mary Dinda, vacated the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, prior to the October 31, 1999, settlement date and tendered to Hale Real Estate, Agent for Troy Beam and Forest Acres Trust, a general release from Agreement of Sale, dated October 26, 1999, providing for cancellation of the Contract and return of the $5,000.00 down payment to the Plaintiffs. A copy of the general release from Agreement of Sale is marked Exhibit "E", attached hereto, and incorporated herein by reference. 6 \'l' I -f1~~< 29. Defendants, Troy Beam and Forest Acres Trust, never signed a general release and refused to return the $5,000.00 down payment. 30. By reasons of the failure of Defendant Troy Beam and Defendant Forest Acres Trust to produce a copy of a valid Power-of-Attorney, a copy of the Trust Agreement, or verilY that the Defendants were able to convey title to the Plaintiffs on or before October 31, 1999, such that title would be insured by a reputable title company at regular rates, the Plaintiffs breached the Agreement of Sale dated September 01, 1999, and the Plaintiffs' deposit of $5,000.00 became due and payable by Defendants to Plaintiffs. Alternatively, by failure to obtain or produce a Power-of-Attorney verifYing the authority of Troy Beam to act as attorney in fact for Forest Acres Trust, no valid agreement was ever reached and the contract is null and void, thus requiring the release by Hale Real Estate of the $5,000.00 to Paul and Mary Dinda. Alternatively, Plaintiffs believe and therefore aver that since title to the real estate is held in the name afForest Acres Trust and not in the name of the Trustees, without a proper verification of the entity's existence as a legal entity capable of holding title to real estate, the Contract dated September 01, 1999, is null and void, because ownership of this property is not in Forest Acres Trust, but is still in Troy Beam and Debbie Beam, his wife, individually, since the Deed dated November 21, 1995, is a nullity. 31. Plaintiff believes .and therefore avers that Defendant Troy Beam signed the listing Contract for the premises at 197 Beach Tree Street, Shippensburg, Pennsylvania, and the Contract dated September 01, 1999, at a time when he knew that he did not have any written Power-of-Attorney or authorization from the Trustees afForest Acres Trust to list the property or enter into a Contract and further, Troy Beam entered into a Pre-Settlement Lease purporting to be an Agreement made between Paul Dinda and Mary Dinda as Buyers and Forest Acres Trust, Troy Beam P.O.A., hereinafter called the Sellers, dated September 02, 1999, at a time when Troy 7 I -'I Beam knew that he did not have any written authorization from Forest Acres Trust and could not produce any written authorization to act on behalf of the Trustees and entering into such an Agreement. 32. Plaintiffs believe and therefore aver that when Troy Beam was asked at the District Justice Office on February 23, 2000, who the Trustees were and whether they had signed a Power-of-Attorney, he responded by saying he did not know who the Trustees were and could not produce a Power-of-Attorney he admitted entering into fraudulent transactions for the listing, leasing and sale of real estate. 33. Plaintiff believes and therefore avers that the actions of the Defendants as set forth herein are deliberate, outrageous, and without any regard or justification for the rights and obligations normally involved in the conveyance of real estate. 34. Plaintiff therefore avers that Defendants have evidenced such outrageous conduct as to entitle Plaintiffs to exetpplary or punitive damages in an amount three times the deposit which has been improperly withheld from them as well as interest, costs, and reasonable attorney fees incurred in the recovery of their deposit. 35. The liability of Defendant, Troy Beam, and Defendant, Forest Acres Trust, for damages suffered by Plaintiffs, should, under all of the circumstances of this case, be joint and several. WHEREFORE, Plaintiffs, Paul Dinda and Mary Dinda, demand judgment against Defendants, Troy Beam and Forest Acres, jointly and severally, for compensatory damages in the 8 "...., ~ ~, amount of$5000.00, with interest from October 31, 1999, together with exemplary or punitive damages in the amount of$15,000.00, and costs, and reasonable attorneys' fees. Respectfully submitted, ?iQl0()J~ Sally 1. ~inder Attorney for Plaintiffs, Paul Dinda and Mary Dinda 701 East King Street Shippensburg Pennsylvania 17257 (717) 532 - 9476 9 . ~"". VERIFICATION I verilY that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dato/W#.d~,?lm -c~p4/'/ PanlDinda ',!!\Ll~" .~ STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE Thill form l'e(:ommcnded and approved for, but nOI restricted 10 use by, the members of the Pennsylvania Association of REALTORSIil (PAR) A1S Residential :iu 1'...i . .. . . ....., ,. .. .... . .PALlCENSEDBROKER ,AQil'l1fQ~!i~1rl!H~,.~'V~Ai2~' f-<),u-,L". . PH ,~:5;;)- ~jL\ SuB~~~:ORSELLJR4i1). (e'dry d7ld<J '~Y)J,'i'",..A;"'1 ~~..) ~~ ---- ADDRESS . ~ FAX AGENT FOR BUYER df?!!:c. t ~ II ~ ~ ~ ~l r fU~ PH I tJ {f 7~ 4/.107 '?, ADDRESS/Ot /~ ,f'l .,':; = . (;j,.., .J" 'h'"~:~l":"fAX h<('7.(~r-z..'2- 1. tbi5 llGreement;' .i;.~""$. '.c-.~' (, '; 'l'i9 SELLER(S): ~ J J...i (jjA I.J 0...1 f. .. J-. !.;'.,'" . d.. C,. .:.:,~ f) .)CtA..... 'j) . )t} 16 .\ , is between 1 2 3 4 5 . 6 lIuYER(S): 7,. . . c\ J'a''''''''; MdfesSl'"','l/:(~"'" '169 'd-::i ".".., 9 r",'''/iir.L,AJCA, .If:1?~, ~jpCode 18 2. PROPERTY (1-98) Seller hereby agrees to sell and oonvey to Buyer, who hereby agrees to purchase: ,11.",. ,AM.<: '{HAl ,QE ;.rAlN!<It p~ p~,:"" of ground .\Vitl! buildings .and impro~emen~ thereon erected, if any. kno~: . . .121'.1:.," -, - ,;,.., '. J/-- .' ~_. . , v-v,.... ....J_:. "'-' 7 13 ' inthe ~u._^...., j'-''--i', of J"-,, d-l',tJ""i;r:i/,,.:) 14 County of .;;}> .1. L /l.h J in the Commonwealth of Pennsylvania, Zip Code . I -, .:) '"' '7 15 Identification (..g., Tax 10#; Parcel It; Lot, Block; Deed Book, Page, Recording Date) 16 17 3. TERMS (1'98) (A) Purchase Price ':'l-<.A.-H) '1J.t J .,A A l 01. 18 19 28 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 S. SPECIAL CLAUSES (1"98) .... . . 47 (A) ~uyer amI S~ll~r ackRowledge having received a staw~ent of their respective estimated closing costs before signing this Agreement 48. of Sale. ,,' 49 (8) lB1iuyer acknowledges receipt of Seller's Property Disclosure Statement before signing Ibis Agreement, if required by law. (See 50 ljoticet Infonnation lUtgarding the Seller's Property Disclospre Act.) .. 51 (e) td""Buy~_:acknowledges receipt of the Deposit Money Notice (for cooperattve sales when Agent for Seller 15 holdmg deposIt money) 52 before signing this Agreement. . 53 (0) The (oUowing are a pari of this Agreement if checked: 54 0 Limite<jPualAgency Addeodum (PAR Fonn 140) 55 0 Sale & Settlement of Other Propeny. 56 Contiugency Adcjeodum (PAR Fonn 130) 57 0 Sale & Settlement of Other Propeny Contingency 58 with Right to Contiuue Marketing Addendum 59 (pARFonn 131) :~ . 0~ i-o ~CU,.,. A H ~ luw." .-,tl.i.._ .~ l t!~'V'-". ...., 62 @ ~~ 'I-() _k..l.pJ:.l-U.. !J."U 01"6-<'!J-;) ~-,jJJ,-<.<.r7'- /'J,{'!.J1..V,,-fc'i c.Jo Y)JAJ i-' 63 ;<:\ '-{.u.J. vI\.; (!,.ik,,;..l._'v...... W 11"1~ .:v.cp .' ~"." 64 C(lJ,:J WU('~O /~f.Ri.I.-e.v ,b./V.I...t,...., ),^,:rh1/U)~.v~,(>o(.I..-1'-oI c.-u..~. , 65 (jj) I~..a.~ +0 O,.j,;"........~"-"-, Gf...,7 (. 0-<"1"'(........ CO,, """ ",/' fJlc.e..c...i..-1 . 6&. .. ..~ /. , 67 Buyer Inili.: ~~ AlS Residential Page 1 of 8 SeUer lnitialsj("" - ~ ' '. ...:......Ii. P....... .Ylvan.l. ~atlon of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@I9')8 .... . REALTORS" 1/98 "J.: :_........~.......-. : -' ~ Yt-rv'i:,d- A .i ":i' ;, j:'iJ. ., " ',li. :!,-, . Zip Code '.:2 I \ S"l"': ",' ",h~~~,"s.iler,",wjl \ ',_c.l. ".)' ,,-'p" 0/' .,,,;. d. ',J;lt;~ "Buyer." ~.A~lutJ- Dollars ~. ~-ht...f ,/A ,-'2.A-o-t, 'f /0 a..'>'Y'A which slIall be paid 10 Seller by Buyer as foUows: (8) Cash or check at signing this Agreement: (C) Cash or check 00 Or before: (0) (E) l .A i~')'-'" (1. ~_L_.. of: ~ '-1'...1 (-(~.- 'L-,' f_ .hI ()C:/J. c.J 0 $ $ $ $ TOTAL $ \4 q ,000. oc~ 2D't, 000. ocJ Cash, cashier's or conified check at time of settlement: (F) (0) (H) (I) DepoSits to be held by Agent for Seller, unless olberwise stated here: Writleo approval of S. eller to be on or be...(ore: ~):;f -1;; , ,. I ~f -";;: '" "':j I I "I "I '7 Settlement to be made on or before: r5l. ~ .P- --.: _ 2 , I I <; ., ") Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: , .~ (1) Paymenf of lIlUlSfer taxes will be divided equally between Buyer and Seller unless otherwise. sl!'~ here: '1.i; "...~ (K) At time of settlement, ill. .foUowing shall be 'adjusted pro-rata opa daily basis belween Buyer and Seller, reimbursing where applicable: taxes; rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer rents, if any, together with any other lienable municipal service. The cblU'lles are to be pro-rated for the perlod(s) covered: Seller will pay up to and including Ibe date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 4. FIXTURES AND PERSONAL PROPERTY (1-98) (A) INCLUDED in this sale and purchase price are all existing ileljls l"'nnanently installed in the Propeny, free of liens, including plumb- ing; heating; lighting fi"-tures (including chandeliers and ceiling filnS); water treatment systems; poo~ and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantipgs and unpotted tr~es; any remaiping heating and cooking fuels stored on the Property at the time of settlement; wall to wall carpeting; shades, blinds, window covering hardware; built-in air conditioners; built-in appliances; and the rangelove~ unl~ss otherwise stated. Also included: (\i.\ /?.J. .UH.;;: C, 0: t,.).t.l ~ Eh, <: LJ- (B) . EXCLUDED fixtures and items: ~~~."..,.- ,. .. ,"j. .. 1 2 3 4 5 6 7 8 9 10 ,11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 38 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 /-"'58 59 6J) 61 62 63 64 65 66 67 O. lV1V1H lrAlrJ:<.: CUNHl'''oJl].I;:!;NCY O,-9~). I _, 69 0 WAIVED. This s.ue is NOT contingent on mortgage financing. J7JlIJil.; -.:,j~LEC;fEO"j'.Ii J. n, :1;:...; (.;j'., ~111i .lJ.i..... '-j' :"<Ii" :,.. ,', 71 (A) 1;'his sale is contingent upon Buyer obtaining mortgage financi.ttg as fQilows: 72 I. AIDount of mortgage loan $ ,? P 3 I ()() 0 ,() U 73 2. Minimwn Tenn rl- 0 years 74 3. 1Ype of mort ~ge.t ';,V A'kI"J YiOi'llL, " I .. ,{ i ~i ;'-;'! ' ,:t .', ~:'; , _'1 :.~t it}'", :- 'r_HI' ,l!-"j 75 ~... 4. Interest rate %; however, Buy~grees to accept the interest rate as may b~ coJllO,l:i~~ b~ ~e mortg~~" Ie;ndu,_ not to '76 exceed a maximum interest rare of X'.\ %. .' ,,',":" """J"":"~" _",~, ;:~..,:",,:.:,....J'... '.16 ,'Ii,.I',,,j..11I ....:.~., ,',.. ,,~':,;;j. '!jlli"/l;>~ I. J._~.t,,'.-'.~: ""l.:f'~',i.f.;'i 'i';.'.',.. . ,Zri ,un! j I,.. ",5,', IIP,~fPl"!t.P!'ipf5! JfW q~~ill!'tion,IHlffi11\'Cel1'~l",,!,d qtt>~~ f~s cl1arge~ by. the. \e~tler as ~. ""rCfPJa~9 p~ theplort~age lo~ (~x~loding. 77 .n,;.;." . ,any l'W~a~F i~It':,*"".P~1:mjufl1s8,YAfpndin~ f",?)not toexC<:l'd , D '1" oftlJe '1longagf IOljJl" 78 Il~1 ,;,;,,; . The. intJ:llift,WI','!'\9 .~~,lIr9yisio1jS~by JloYK'!fO satisfied if a moogage lentlfr m....s aY;Ulab\~Jo.~oYertlje tighl to guarantee an 79 . 88 . interest rate at or below the Max~um Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer. . 80, 81 gives Seller the right, at Sellec's sole option and as pennitted by the lending institution and applicable laws, to contribute financially. without 81 82,';. ~lJJ Hi"J ~, pronUse.of.~imt)ursemc:m;.tolthe Buyer-andlor~k:nderto:makc theaqove tenns"available;to:Buyeri '{l,:Jl""'i.;') ,i"." ",:,,'.. I !J~:I(.i; -'to .' 82 "83,~1\,i; 'J~, (B) : Within; lO days'Op Ihe-~ecution ot: this Agreement,' Buyer: Shall make ci completed, written mdrtgage"application .to' a responsible mongage' lend- r 83 84 ing institution through the office of Agent for Buyer, if any, otherwi'se,through-the office"of'Suhagent fo~ Selle~\ifany; 'or Age'nt~for'Seller, if'" 84 ~S" .'" r ,_, _,' a~y~ This A~eDt is, ~~~~~~~~, ~ ,comm,~c~de ~tb the leJi~r fo~~e purposes of assisting in th~ ~ortgag~ loa? ,proc~ 85 186.o;..Jll'" . (e)' ,II: 'UpOn receipt 'of a ittoitgag'e fcbmmitmen~, Buyer' arid/or Agent will promptly deliver a copy of the commitment 'to Agent for Seller, if any, 86 87 otherWlsetOJSelle'i." - ,;. ,'-,'-' '".. ,.. ,,': ,," ,',' ":i.!' ,-' -:','-.1"" :',,:-:!..,.,'.' I..,.".~...,;'l'(""; ~'.' . '87 .88.. . , ,2,. .Mpl1.~.econunitm~nlrlate . $\ f''1. 4 :;'-1 1'7 (':Z . :If',writte~ ~o!lllPimt~p!.~ PRU:l*.ivl'4.l>v ~8 .11',) L!l1oll~ IJd'i ,Ill~, H' ,i;r",,",JLCl 10 ;2!m,~~ 1[,"llIrIJ,.1 ,'I.' ,'" ',. ," ,L ,_, " _._ _ "" ',l.".," ',- 'l! '.l.,.i!, f',~':', '" . '" -",,_ l:..,,! .,.... -" ';" .... _,' f 89 '., Ageol for Seller, if any, otherwise by Seller, by the above date, Buyer and~el\<r a~ .~o ~~re~~, Ille ~onunitl!/j:\lt.ffilll1.lIPtil ~~r ~ 89 90 miuates this Agreement in writing. 90 . ,NIl ~qO:'''lO q~,l LS~lI~{,llM~.llBtiO!l,IA,~JP,Jbi.llAgwenlenl,jn, wtiting,:on qLaller !bemqrtgago:commillnent llatei if the mortgage. commitmenl'.. .. 91; . 92 a. Is n~l,valid UJltiI the date of settlement, OR 92 , 93 b. . I&,l'i>!ijlitioned upon the sale and settlement of any other property, OR 93 : 94 c. 'Cont8HiS:anyothercmuliiiooi'not'sPecified'inthisAgreemelJ~":: ",.. ,,,'- .:,.~: ;d~_;'I'r;"l! :"..H,',;(;'" '..." '... .94 95 4. ~JliC ,event Seller dQes not teqninate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if 95 ,96. themortg.gecomntilmenr.... . '.. . . ' 96 97 a, .lsnolOlllmned by or valid until ui' .h.tl;'fJ~u1e~hAt,) air :-, I u; h,' ,": 97 ~1~iJl~.Ii:l, (j ,Ii : :~j', ~ ~~'n :,', ~1f.?1~~~~~,e.~ ,~~~PVf~, ~~-i~.~ ~~~~~~ ,?f ~~: o~,~r ,P~~~~Y ,which ~ Dgt ~9lJ! bX, ~e ?~~~ i9~se~Hem(:nt, 9;~, , 98 j9."... c,. .. ;S?,?9j1jSan{?th~r,~R~<!iti.on nOl ~I'<:cified i,nthi! ~weemenJ wlJich !luyer is unable to satisfy by the ~te. ofsellle'Penl. 99 l~q", i,;.. .., '5. ,i . If. !\lis j\~lpOntiJllfiOjlinatel!."1 Sl'f,c,ified m Pl\l'll~rap~~, ~ (9 (7), .(3)i or (4), all deposit moni~s paid .ou~ccoun~ of purchase price shall 100 lij1 , , b.<1 '!'~}R!lUYFJ, Boyer w!)! ~ re!ponsib1e for any premiumj for mechanics lien m1urance andlor title Search, Or fee for.cancellation lijl W2, 'i'i. pf.sljJlle, if,i!\ly..ANPIORljJlY premiUJll$ for flO\ld,iIjSurance an<llodireinsurance wjJh eXleoded coverage, insorance binder charges or 102 103 cancellation fee, if any; AND/OR.any appraisal fees and charges paidm ativanceto.mortgage lender...." .' " i,i.. 103 104 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon rec;:eipt, deliver a copy of the mortgage lender's requirements to Agent 104 105 for Seller, if any, otherwise to Seller. Selle, shall, withm 5 days of recejpt of the lender's requirements, notifylluyer whether Seller shall make" 105 106 therequiredrepairs~tSeller'sexpeose. . .. .. .... ... .... . ... . .106 l07""iI '0' i<, I,),!'. ,.: :'IfSellerchoOses'ttl ritaIrerej,ltirii,'!luyer shall """epi ilie' Property and ~gree totlie'RELEASE set forthlii pililig;niph;26 'oflliisAgiiie~eri{ '107 . i108 ,J:, :~, ,!,"I ~;: "-2: ,< > If S~il~r"c~~oseS ~ot td 'm3ke tllt~' '~_ui,red repair~; Buyer ~ill, with~~'5 days, notify 'S,fller in\~i~iin~.~f ~~ye~)~h~~c,e--,to' ,terminate the 108 ,1'09 . : ,'I ~ 1~~mc;~ro(Sale '* ~~e the ~e4uire~_ ~epairs at Buyer's ex~'nse, ~d V{ith SeIler'~ _Pe~~~~on: \vliffQ ~IAo~;'~ ,~,~~oriably with~' 109 no held: If Seller denies !luyer peimission to make Ihe required repairs, !loyer may, within 5 days of Seller's denill1, tenninale !Ills Agreemenl, 11.0 111 If !luyer tenni11ates this Agreemenl, aU deposil monies paid on accoonl of purchase price shall he.returned promptly.to !luyer 'and ims 111 W.... ..;A-~JIlAAt'I(~~,l"mb<:.~.andYOID, i" " 112 11~ (E), Seller Assist: ,', j~';;wji '.J'j',' i.jt,::: ,,! \ ,_.. '.:r,t,.i~ ' ,',1..;),-, 1~-r.-__: {;', '113- '114 0 Nor APPUCABLE ' . .) . t.' . ',;.i'''. ",., . 114 1)5!~";lfi~qU:~a\PIll:I~LIljSeUwShallpay"",""n~.."" .,....~..~. iU-~. .' , .. h 'J';;IY#I~';\~'~d'" :.m' 116..,,"";"" ,,,,,D>. .$....,,~C).c)O,' . 'imaxlmum,toward~scosts'aspennllledbylhe'mortgagelender;." :'1((., ,', ,f<) ~ 116 111,"',"1.' lIt;\J'-,:w",-:.,-O._') _,:':JLi,;;rl :;,1 ,(.;;" .,r..,,., ",' .'," ".. i'~ .',r,:-', ,-'!_'J' , !i.,',<':.l- T ;.. ..... 111 :118;"~":'-"i:'1,!j~~,);-i.j.jJJli,.iJdt:~"'11d.-jJ~J(ri;"1:,LH:'?'"" 1~:!,";I..' "'I;i:l:.,:.i~ '" ";(;L,~.,, "oI\_!i:li~';l';<!f'{' .'J'..q.,_';l. :.-l,;.. -118' 119 t 119 .120 ~FlfANA, IFAPPJ',IC;\lILE.r,; 120 12)'0' ", m,Jl.iso~~!"'I1~!I~c~:ll!'f ~~t\'l:i~\'\"~~JiJIlW, \\l/.\e~pw~j~i?n.s..?U~i~.~9,lll'i'\f.hBuyer sh~) n9fhRjp.lWll~re,t'?RR!"p1~~JIll~J1IlI!i~~ oftj1e, 121 I~h,;: l .i ,;U ,1'wm,d,e~hffi\1!:rei~or \0 i~~ur i!!iy ;~~\\lI1IYp'y fOrfeitqrr.9f earyeSl;D\oney deposits or otherl"i1f1 ~pJe~!, l'Ioy,er,hlll' !1\'euiven, i~ !"'cor. '.22 !23....... ". " :<11'0\;0 ,,,,ithJ.~l,JJ:J1.\:l!J\9r VA,{!'llIWHl))fntl!, a wrjllp~ Slalt;f<1O!lt py the.l'e~er~l Housing CommiJ[1JiniV, vete"'."I,A4mi.~a D~, u. ' 12+1 .. ." ;"""'doneD)~gt:l.1'Adpr,.~tingfort.h,the ~pprlliled,Yalqe gf:the Property of qp.t less thllD $ ~O'l1iOOD,()()(the(rollar'amO~l<1 be .,124~ :25 I ;" mserted,iSlJW,6illes prjce,asSlated in.the Agreement), !luy~r shall have.the privilege and option of .proceeding witlJ.cOll5ommatilin of the ,con.., .12~~ 126 tract without regard to the amount of the appraised valuation. The appqUsed valuation is anived at to detennine the maximum mortgage the 126 ,iI7,i;j <: II'..; :;;Department.ofHousing and.Urban,Deve}opmeht:wiIrinsure; HUD'ooes no~ warrant the value nor the condition'ofthe Propert1-'BuyerShould 127' '28 'satisfyhimselflherselfthatthepriceandconditionofthePfopertyareaccep~bhi; ,il', ..,,' ,>-,..~',_(JJ Jc;."J'lU1Z':_.i; ';:" 128 129" W"!"'ing: Section 1010 of Title 18, I.S.C., Departmenl of Housing an~ Urban Development provides, uWhoever for the purpose,qf, . . influ.129 ""1'1,"1')('1''''''\ ~.';' ''''''j' l",~'~',.'r,! ~,'. _'1 ' - ,,_, ".' - : . ,,,,.',,'--,"', - '. ',""" ",'" I' ! ,'f- ,I. '"'i. i. '".. ", ~~ .,n:, ,,: ",~', '~~~in,g.;n ~y-~~x ~e ac~~~ of ~?9h,'dep~ent:. : make~,.passe~; utters o~publishes any statement krio~in~ thes~~ robe faIs~.,. :Sh~I1~ -'130. '31 .d',~d!':.,~~?~,d,~~t',~~;t1tF'~~~~_9(~~p~ne4n:ot;rrio~.$aUtwoye~~..b(bpih." ", J :ll.' J. ' , ;1.':1:,:;,,;, , 131 i32 (G) U.s. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: 132 ;~~,.. .... ";;'".."',,,;,, ." J.,.J' iti;' .,' i' l TUE,.lMJ'ORTAJ\Ig: OF A HOME INSPECTION . l ...,'. ;b.13! ,M,i,,' ,!, '<, I ;,If\JP~ q~t ~\'ITllIIt the~!iOq of a Pl'Pperty. (See!'lolices and Wonnation on Property Condition 1~spe<:lio~,,) '.' ," .'. .. 134 ,3~ .. i.;. (Ii). C~J;lIli"" ; .w~.W;. w"l<irsigne<!, Seller(s) and !l,uyer(s) party 10 this transaction each certify thaI th~ teons of this conlrllCtforpurchaseare . .135 :3IL,' , I ., ,'.", lPle, lIl,the,best of OWl'.knowledge and belief, and that any other agreemenl entered into by any of these parties.in connection with this transac. . 136 ~l.;;J "d !lL'J'(;tWn~;atq.C~.tothis-Agreemen.tofSale. ::~~,::';'l'j c' ~ ~: ,; ",:::L, ,,' ,,!.I,.... ,:.1 t:, ,l' :~hi.,::.,';_".l",i. ..: i 137 '~aavm7: hINSPEmOJ'liiS (1-88)1),,(,Jl' Lj-i1. -lil~:;"i1q :;ii) ,[jJJ<:,.:'Jfl (jj ':,. ,('....'i. ,I. ,:.:;~iJ".; . : J ,': "I, I:' ""I ':',i,;':" il,,-!j,IJ;j:WJ:JllO~, :ldJ ~flflll :'Jh~J '.': :,'138' ';39i iL~<] ('JA!~~Sel1ef.betebylagreesro pemui inspections by authoriied 'appraiserS, reputable certifiers, insurer's representatives;' surveyors. th~riicipal offiCial~ :."139 ~O ,\ U!l;:~ (! f:imdloc-Buybr:as:may be;~uifed bVthe 1e~ctirig uistitutfons;' if any~' or hiS:uring agencies. Seller further agrees :to peiniit'~y 'other "insPecti6~;:; '140: ~.~h'll'IfI' (JItlf~[Y,~f~~a~W~yr"~l~w;~~' H:~ s~ptioIlIltili~ Property.. ~uyer;sngh; t,/ ';~iI1is 'i~~P;:Cti~Ii\s!Il;;iwaiv@;"\'i: . 43 b~~yoih~pfJ~l~iohor'lhiSAKreeme*.'"",~.r.W., ..... . .. . .... ,H.... 143 M (G) Seller will have heating and all utilities (mcluding foel(s)) oqfor.fue inspections. 144 ;45 8. PROPERTY INSPECTIONCONTINGEi'jfY (1-98) , 145 '.46 . . 0 W~~.. Buyer \Inde thal!luyer has the option to'request inspections of the Property (see Property Inspection and Environmental 146 .47 NOl1cell . S OPTION and agrees to the RELEASE sel forth in paragraph 26 of this Agreement. 147 411 Buyer lDitials: I . , A1S Residential Page 2 of 8 SeUer InitiaisO;:::- 2--" '") 148 ',,0'1.,,',,';: ",' , -, I ,- i'! '.. \, ~ 68 69 70 71 72 73 74 75 \!,If>l!.!!!I'*.I~J!.....,,,,~ . "Of ~ "........~ """",.,~ . " 1.' 150 151 152 153 154 1.. 106 107 108 109 150 161 152 153 154 155. 155 157 158 159 170 171 172 173 174 170 175 177 178 179 180 101 1829. 183 ;184 lO. . '105 \07 188 189 1911 ,191 192 193 '!i4 19. 195 197 ';98 199 ;.00 !Ol 102 03 04 O. 05 " i17 '08 '09 110 11 12 13 14 I. 15 17 18 10. 19 10 '~1 12 13 , ~4 !. , :6 '1 '8 9 o 1 12 ,11. 3 4 5 i '7, "", B i o 1 ! I I , . 1<1 ELECTED 149 (A) Within -:l::.- days of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspections and/or cenifications com- 150 pleted by liCensed or otherwise q\,lalifled professionals (see Property lnspection and Environmental Notices). Other provisions of this 151 Agreement may provide for inspections andlor certifications that are ~C!t waiveq or altered by Buyer's election here. If Buyer is oOf satisfied. 152 with the. condition of the Property as stated in any written report, Buyer will, within the time given for completing inspections: 153 o Option 1 ,154 L Accept the Property with the', information staled in the report(s) and agree to the RELEASE set forth in paragraph 26 of this 155 Agreenien~ OR 155 2. Terminate the Agreement of Sale in writing by notice to Agent for Seller. if any, otherwise to Seller, within the time given for inspection, 157 in which case. all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement will 158 ..-/ be NULL and YOID. 109 l<'l Option 2 150 1. Accept the Property with the infonnation stated in .the report(s) and agree to the RELEASE set fonh in paragraph 26 of this 161 Agreement. UNLESS the total cost to correct the conditions contained in the report(s) is more than $ I r:.kJ . ()../) 162 2, If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(A) (Option 2) I, 153 Buyer will deliver the report(s) to Agent for Seller, if any, otherwise to Seller, within the time given for inspection.' 164 ~ a. Seller will, within......5.--. days of receiving the report(s), infonn Buyer in writing of Seller's choice to: 165 1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to 166 the amount specifIed in paragraph 8 (A) (Option 2) 1. 157 2) Credit Buyer at settlement for the difference between the estimated. cost of repairing the conditions contained in the report(s) 158 and the amount specified in paragraph 8 (A) (Option 2) 1.\This option must be acceptable to the mortgage lender, if any. 159 3) Not IIllIke repairs and not credit Buyer at settlement for any defects in conditions contained in the report(s). 170 b. If Seller cbooSes to IIllIke repairs or credit Buyer at settlement as specified in paragraph 8 (A) (Option 2) 2;Buyer shall accept the 171 Property and agree to the RELEASE set fonh in paragrapb 26 of this Agreement. 172 c. If Seller chooses not to make repairs and not to credit Buyer a(senlement, or if Seller fails to choose any option within the time 173 giveo, Buyer will within -S- days: . 174 1) Accept the Property with the infonnatlon stated in the report(s) and agree to the RELEASE set fonh in paragrapb 26 of this 175 Agreement; OR 175 2) Terminate the Agreement of Sale in writing by notice to Agent for SeIler, if any, otherWise to SeIler, in which-case all deposit . In monies paid on account of purcbase price shall be reluj'ne~ promptly to Buyer and this Agreement of Sale will be NULL and 178. YOID. 179 (B) Buyer's faUure to exercise...y of Buyer's options within the time IjuUts specified in this paragraph sball constitute a WAIVER of this 180 conliugeucy aad Buyer accepts the Property ...d agrees to the RELEASE set forth in paragrapb 26 of this Agreement. 181 WOOD INFESTATION CONTINGENCY (1-118). 182 . [] WANED, Buyer understands that Buyer has the option to request that tjJe Property be inspected for wood infestation by a certified Pest Control 183 Operator. BUYER WANES TIIIS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement. 184 << ELECI'ED . 185 (J\.) Within...:1:.. days of the execution of tbis Agreemen~ lB6 o Buyer. at Buyer's expense, 187 p""'Buyer, at Seller's expense, not to exceed $ 40,0 () , 188 sball obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all. 189 supporting documents and drawings provided by the Pest Control Operator to Agent for Seller, if any, otherwise to Seller. The report is to be 190 made satisfactory to and in compliance with applicable laws, mortgage a{ld lending institutions, and/or Federal Insuring and Guaranteeing 191 Agency requirements, if any. The inspection will include all readily visible tj,nd accessible areas of all structures on the Property except the fol- 192 lowing structures, which will not be inspected: 193 li4 195 195 197 198 199 200 201 202 203 204 205 205 207 208 209 210 211 212 213 214 215 215 217 218 219 220 221 222 223 224 225 225 227 228 229 230 231 232 233 284 235 235 237 238 239 240 241 242 ' 243 -:144 . 245 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infestation(s), in accordance with. applicable laws.. . (C) If 1M inspection reveals ~ from active infestation(s) or previous infesmtion(s), Buyer, at Buyer's expense, bas the option to obtain a writ- ten report by a professional contractor, home inspection service, or strucl!"'alengineer that is limited lP structural daniage to the Property caused by wood-destroying organisms and a proposlll to repair the damage. Buyer will'deliver the structural damage report and corrective proposal.o Agent for SeIler; if lillY, otherwi"" to Seller, within _ days of deliveripg the original inspection report. (0) Within 5 days of receivitig the sli-ucturaI damage report lD)d corrective propQsal, Seller. shall advise Buyer whether Seller wilI repair, at Seller's expense and befoI'f; settlemenJ, any structural damage from active or previo4S infestation(s). ~;' . (Il) If Seller cbooses to repair structural damage revealed by the report, Boyer agrees to accept the Property as repaired and agrees to the RELEASE set fonh in paragraph 26 of tbis Agreement. (F) If Seller chooses not to repair structural damage revealed by the report, Buyer, within 5 days of receiving Seller's notice, wilI notify Seller in writing of Buyer's cboice to: I. Accept the Property with the defects revealed by the inspection, wifbout abatement of price and agree to the RELEASE set forth in para- graph 26 of this Agreemen~ OR ' 2. Make the repairs before settlemenl, if required by the mortgage lender, if any, at Buyer's expense and with Seller's pennission, whicb shall not be unreasonably withheld, in which case Boyer accepts the PrppefIY and agrees tn the RELEASE se. forth in paragraph 26 of this Agreement. If Seller denies Buyer permission to make the repairs, Buy~r may, within 5 days of Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account, of purchase price shall ,be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID, OR 3. Tenninate tbis Agreemen~ in which case all deposit monies paid op account of purchase price shall be returned promptly to Boyer and 'this Agreement of Sale will be NULL and YOID. (0) Buyer's raUure to exercise auy of Buyer's options within the time liltlits ~pecified in this paragraph shaD constitute a WAIVER of this couliugency aad Buyer accepts the Property aad agrees to the RELEAS!, set forth in paragraph 26 of this Ag....ment. CEjIflFlCATE OF OCCUPANCY (1-98) g" Nor APPUCABLE o APPUCABLE . . (A.). Buyer and Seller acknowledge that a certificate permitting occupancy of the Properly may be required by the municipality andlor govern- . mental authority. (B), If a certificate is required, SeIler shall, at Sener's expense and within _ days of the execution of this Agreement, order the certificate for , delivery to. Buyer on or before settlement. , (C). In the event repairs/improvements are required for the issuance of the certifipate, Sener shall, within 5 days of Sener's receipt of the require- : ments; notify Boyer of the requirements and whether Seller shalllIlllke the required repairslimprovemeuts at Seller's expense. (D) If SeIler cbooses not to IIllIke the required repairs/improvements, Buyer will, within 5 days, notify Sener in writing of Buyer's cboice to terminate the Agreement of Sale OR make the repairslimprovements at Buyer's expense and with Seller's pennission, which shall not be unrea- sonably withheld. If Seller denies Buyer pennission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. If Buyer tenninates this Agreement, all deposit monies paid on account of purchase price shall be returned promptly to Buyer and tbis Agreement ofSaIe will be NULL and VOID. lWSIDENTIAL LEAJ).BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTiES B'l.)J.U. :r BEFORE 1978 (1-98) . 1<1".; Nor APPUCABLE OIAPPUCABLE ;' (A) ,Seller reproseatsthat; (check lOR 2) , 0 I, SeIler bas no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property. G2: Seller bas knowledge of the presence of lead-based paint '9'dlor lead-based paint hazards in or about the Property. (Provide the basis for , dClennining that lead.based paint lind/or hllZllfds exist, the location(8), the coodilion of dIe painted surfaceS, and other available lnfonna- tionconcerning Seller's knowledge of the presence of lead-based paint andlor lead based paint hazards.) // 'BUYerJPI~OU'~ _",~11 ,...,.,', AA l\. '" . ."... if V.... L::L.. Seller Initials:' c _ AJS Resid....tial Page 3 of 8 rn:",-~ ~,-~ I 265 ~~~_t. ';-! '.J..: 'I, ~~?-.; ii.,!i. :;, ,'j.' '2li8 .' L.' .'~' 26!'" ",. COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Boyer with this Agreemeot. SELLER DOES NOT WARRANT EmlER THE METHODS OR RESULTS OF THE TESTS. o 3. Seller has knowledge that the Property uoderweot radon reduction measnres on the date(s) and by the method(s) indicated below: DATE RADON REDUCflON METHOD BuYerhU~.'~W!r A1S Residential Page 4 of 8 Seller hUtiaIs: ~ 326 ~-T_ ~;a 2) Should Seller not agree to the rerm,,,: of the correc!ive t'roposal or fail to respond within the given time, Buyer will, within 5 days, 327 ~ ~~: ~ 329 a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 329 330 b) Terminate this Agreement in writing; in which case all depG:sit monies paid on account of purchase price shall ~ returned, 330 331 ,..:....f ..... ..... promptly. to. Buye.f.and. thiSAgreeme...ntofSaleWiUbeNULLandYOID. .".' '..': '.. ' .. ....... 331 332 0' Optioll2 . , . , .: ,..--' ,332 333" .,,, .", ',.a,~ Property in writing;mdagree to the RELEASE setforth)n paragraph 26 ofthisAgreeme.!!l-~ .. 333 334' ,:l'R: ' b.' Submit a wri~n. correctiv~ proposal to Agent for Seller. if any, otherwise to SeHer. The COIT.>ctweproposal will include, but not be 3'.14 335 limited to', the n f the certified mitigation company; provisions for payment, !.ncludIng retests; and completion date for correc- 335 336 I, . .-li live measures. Seller a m3ximurn of $ I O()('.). ()() tow~thc1'otal cost of-remediation and retests, which shall be 336 m, '\~~~~7iEKfE::~~;~~:O~f:=~~~~~~i;~~~F.~~~~~ei~::g~;~~~~~ (~~~~~~~~~~n~d ::~ ~~: ~4~.~". ,,' .. ., . .'ORnotP~Yfor.th~tQllI1cost~~tion~~., . . .. . ...., 340 341.'717' '..' ," '/ .. "'.: ,..21,.;Jf!;he S~lle.r.Ch'lOses. ~Ol.!!'. ' PA. ~ ,.~p..r the. t.Otal.c..ost of re~tion and retests, Buye.r wIll, WIthin 5 days of receipt of Seller s 341 342, . " /...... . notificatIpn,npt!fY..seIlOr,mwnltng,ofBuyer'schotce'1. "'.___._ ... 342 a43, ,I' , -. ,.. ~. "a) Pay).he-'di~e~ence.between Seller's contribution ~~ mediation ~~t:sts and th~ ~ctual cost thereof, 10 which case 343 344 . ...-........B'iJyer accepts the Property and agrees to the RELE, SE set forth 10 paragrapJ:L 26 of thiS Agreement, OR.. 344 345 j/Il., ......... ......1))' Tern-unale' this Agreement, in which case all deposit onies paid on account otpluC,hase price shall be returned promptly 345 346 to Buyer and this Agreement of Sale will be NU\-Lind YOlO.' 346 347. , (C) Buyer's failure 10 exercise allY of Buyer's options within the t~~~ specified ill this paragraph shall constitute a WAIVER of this 347 348 colltingency and Buyer accepts the Property and agrees 10 the RELEASE set forth in paragraph 26 of this Agreemellt, 348 349 13.. STATUS OF WATER (1-98) . 349 350 (A) Seller.rel!JllSents.that,this property isserved by: ". ' " ... 350 351 I Ilit'" Public Water 351 ~:'JJ/!';i.tjJrLt,lq,I/P91N.W:iW~/:iJ.".lUl';UjL' j~' ./,~~:u,i":'t.. ..1; ""in:" )':l!'/;':,.::~l/<' ,352 11\3; ,q,,(;P~o/)Vatef .... ' '. .. "'; . i! :~ ~~i.;-t, Ji;;,I,i'liJ./I" iii, IdP'~'N~C?l!~JIJjJ,',j;) !,";il,""'; ii ;'1 ,J;",,!I,; L! :,iii jbdj,' :I..i.. "i'i."i ,. 355 355. . . 35i,,,j""lcB).'WATER'SERVICEINSPEcnON CONTINGENCY . ,;, ;.i ;;: 356 357 .:.'.:' rz' '.'WAIVED: 'Buyehicknowledges that Buyer has the option to request an inspection of the water service 'for the Property. BUYER WAIVES 357 : 358 . . . TIllS OPTION.and agrees to the RELEASE set forth in paragraph 26 of ,!,is Agreement. 353 :359",; 1 ;rr:]:i..ELECTED"c.d'.;'.i '". 359 ,m (:>1 "I;lu'lh' 1):BU}'er has the<>p!ion;withiJi ~ days of.the execution of this !\greement and at Buyer's expense. to deliver, to Agent for Seller, if 360 '3W:::z,: i,:, any. otherwise to Seller, a written inspection report by a qualified, professional water testing company. of the quality and/or 361 3i2.: .,,;q1lalllity.of:tI)~waterSl'rvi<;e., :'1 " h':'"'" '..''';').' 362 363 2, . Seller agrees to locate and provide access to the on-site (or individual) water system, 'if applicable, at Seller's~xpense, if required by the 363 ,364 inspection company. Seller also agrees to restore the Property prior to settlement. 364 :365 3. If the report reveals that the water service does not meet the minimu",,' standards of any applicable governmental authorities andlor fails to 365 . 366 satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller shall, within _ days of receipt of 366 :367 the report, notify Buyer in writing of Seller's choice to: 367 368 3.' Up~ the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 368 '369 . to the RELEASE set forth in paragraph 26 of this Agreement, OR . 369 ;370 b. Not upgrade the water service. 370 i371 4. If Seller cbooses not to upgrade the water service to minimwn aCf:eptable levels, Buyer will, within _ days of Seller's notice 371 .372 not to correct, either: 372 373 a. Accept the Property and the water service and, if required by the !"ortgage lender, if any, andlor any governmental authority, upgrade 373 374 the water service before settlement or within the time required by .the mortgage lender, if any, and/or any governmental authority, at 374 '375 Buyer's expense and with Seller's pennission, which shall not be unreasonably withheld, and agree to !:he RELEASE set forth in 375 376 paragraph 26 of.this Agreement. If Seller denies Buyer permission to upgrade the water sel'\'ice, Buyer may, within 5 days of Seller's 370 ~17 denial, tenninat~ this Agreement. If Buyer terminates this Agree\'OOnt, an deposit monies paid on account of purchase price shall be 377 370 returned promptly to Buyer and this Agreement of Sale will be IjULL and YOID, OR 370 379 b, Terminate this Agreement, in which case all deposit monies paid on account of purchase price shaJl be returned promptly to Buyer 379 380 an~ this Agreement of Sale will be NULL and YOID. 380 381 5: Buyer's failure to exen:ise any of Buyer's options withill the time limits specified ill this par"gl1lph shall constitute a W~IVER of 381 ;382 this colllillgency and Buyer accepts the Property and agrees 10 the RELEASE set forth ill paragraph 26 of this Agreemellt. 382 383 14. STATUS OF SEWER (1-98) 333 384 (A) SeIler reJ'9llOnts that Property is served by: 384 l05 Wo' Public Sewer 305 306 D. Individual On-lot Sewage Disposal System (See Sewage Notice I) 306 187 0 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice i; see Sewage Notice 4, if applicable) 387 188 0 Coturnunity Sewage Disposal System 338 109 0 Ten-acre Permit Exemption (See Sewage Notice 2) 309 lao 0 Holding Tank (See Sewage NoIice 3) 390 191 0 None (See Sewage Notice I) 391 192 0 None AvaiJablelPermit Lintitatiol15 in Effect (See Sewage Notice 5) 392 ~ 0 m 194 (II) .JNDIVIDUAL ON.LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 394 195 ~ WAIVED. Buyer acknowledges that Buyer has the option. to request an individual on-lot sewage disposal inspection of the Property. BUYER 395 196 WAIVES TIllS OPTION and agrees to the RELEASE set forth in paragrap" 26 of this Agreement. 396 . 197 0 ELECTED 397 i98 I. Buyer has the option, within _ days of the execution of this Agreement and at Buyer's expense, to deliver to Agent for Seller, if 390 i99 any, otherwise to Seller, a. written inspection report by a.qualified, prof~ssional inspector of the individual on-lot sewage disposal system. 399 ,DO 2. Seller agrees to locate. and provide access to the individual on-lot sewage disposal system, and, if required by the inspection company, 400 :01 empty the septic tank, at Seller's expense. Seller also agrees to restore ~e Property prior to settlement. 401 \02 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller shall, within 402 \03 _ days of receipt or the repon, notify Buyer in writing of Seller's choice to: 403 !04 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 404 ,05 the RELEASE set forth in paragraph 26 of this Agreement, OR .... 4D5 06 b. Not correct the defects, in which case Buyer will, within _ days of Seller's notice not to correct the defects, either:'''''- , 406 07 1) Accept the .Property and the system and, if required by the mortgage lender, if any, and/or any governmental au.$ority. correct 407 08 the defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority; at 408 09 Buyer's sole expense and with Seller's permission, which shall not be unreasonably withheld, and agree to the RELEASE set 409 10 forth in paragraph 26 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of 410 11 Seller's denial, terminate this Agreement. If Buyer tenninates this Agreement, all deposit monies paid on account of purchase 411 12 price shall be retwned promptly to Buyer and this Agreement of Sale will be NULL and YOID, OR 412 13 2) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price shall be returned 413 14 promptly to Buyer and this Agreement of Sale will be NULL and YOID. . 414 15 . 4, If the report reveals the need to expand or replace the existing indiviqual on-lot sewage disposal system, SelIer may, within _ wiys 415 16 of receipt of the report, submit a corrective proposal to Agent for Buyer, if any, otherwise to Buyer. The correctlve propl}Sal will include, 416 17 but nO! be limited to, the nRme of Ibe remediRlion company; provisions for pRymenl, inclnding retesls: and completion dale for corrective 411 :18 measures. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the given time, Buyer 418 H _ ill '10 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 421l 21 . set fo . aragraph 26 of this Agreement, OR 421 !2 . ~ . "A "- 422 23. Bllyer Ioitia / Y.' AJS Residelltial Page 5 of 8 Seller Initials: ~,. 423 '0~~~" . ~ " 424 425 426 427 428 429 430 431 432 433 484 438 436 437 438 439 440 . 441 . 442 443 444 440 446 447 44ll 449 480 481 482 483. 454 488 456 457 488 489 460 461 452 463 .464 468 466 467' 468 : 1469 470 471 472 473 474 475 476 477 478 479 480 481 482 453 484 455 486 487 458 489 490 491 492 493 .494 495 ,496 497 498 49B 500 501 502 503 504 505 506 507 508 809 510 511 512 513 514 515 516 .517 518 .51' . 520 b. Accept the Property"and the system and; if required by the mortgage lender, if any, and/or any governmental authority, correc~ the 1\-'4 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's ,t:;5 sole expense and with SeHer's permission, which shall not be unreasonably withheld, and agree to the RELEASE set forth in para. .:;.:6 graph 26 of this Agreement. [f Seller denies Buyer permissit'lo to corraet the defects, all deposit monies paid on account otpurchase. 427 price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID. OR 42a c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price shall be returned 'promptly' 42:3 to Buyer and this Agreement of Sale will be NULL and YOID. "" 5. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of 431 this contingeney and Buyer accepts the Property and agrees to the RELEASE sel forth in paragraph 26 of this Agreement. 432 15. NOTICES & ASSESSMENTS (1-98) 433 (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 434 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 435 or anyone on Seller's behalf. including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 436 uncorrected. and that Seller knows of no condition that would constitute vi lation of any such ordinances which remains uncorrected, unless 437 O/herwise specified here: ).1'J . " ".. 4:J8 (B) Seller -knows of-no other potential notices and assessments except as allows: 439 440 441 442 443 444 445 446 447 446 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 4G7 408 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 409 490 491 492. 493 494 495 49' 497 498 49g 500 501 502 503 504 505 506 501 . 508 509 510 511 512 513 514 515 516 517 518 519 520 .~ (C) In the event notices and assessments are received after execution of this Agreement and before settlement, Seller will notify }Juyer in writing, ~ 5 days of receiving !he notice or assessment, that Seller shall: L Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement, OR 2. Nor comply with notices and assessments at Seller's expense, iQ which case Buyer will _notify Seller within 5 days in writing that Buyer shall: a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR b. Terminate this Agreement, in which CllSe all deposit monies pl\id on account of purchase price shall he returned promptly to Buyer and this Agreement of Sale will be NULL and VOID. If Buyer fails to notify Seller within the given lime, Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this AgreemenL Buyer is advised that acce8S to a public road may require issuance of a hi~hway occupancy permit from the Department of Transportation. If required by law, Seller shall deliver to Agent for Buyer, if any, otherwise to Buyer, on Or before settlement, a certification from the appJ;"Opri- ate municipal department or departments disclosing notice of any uncorrected violation of zoning, housing, building, safety or fire ordinances. 16. TITLE. SURVEYS, AND COSTS (1-98) (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: e~isting deed restrictions, building restrictions, ordinances, easements of roads, e~ements visible upon the ground, easements of record. privileges or rights of public service companies, if any; otherwise the title to the above described real estate shall be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. (B) 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 specified in paragraph 16(A), Buyer 8hall have the option of taking such title as Seller can give without changing the price or of being repaid all monies paid by Buyer to Seller on account of purchase price and Seller shall reimburse Buyer for any costs incurred by Buyer for those items specifsedin paragraph l6(C) and in paragraph 16(D) items (I), (2), (3); aJ1d in the latter event there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become NULL and YOID. (e) Any surveyor surveys wWch may be required by the Title Insurance ~oJTIpallY or the abstracting attorney, for the preparation of an adequate legal description of the Property (or the correction thereo-o. shall be secur~d and paid for by Seller. However, any surveyor surveys desired by Buyer or required by the mortgage lender shall be secured and paid for by Buyer. (0) Buyer shall pay for the following: (llThe premium for mechanics lien Jns~rance and/or title search, or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance with extended coverage, insuram;:e bina~r charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary setnement costs and accruals. 17. ZONING CLASSIFICATION (1-98) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is zoned solely orprimarilY-#l pennit single-family dwellings) shall render t~is Agreement voidable at the option of the Buyer, and, if voided, any deposits tendered by uyer shall be eet ed to e Buyer without any requirement for court action. Zooing Classification: ~ .. " . o ~D. WithiJi -,-- days of the execution of this Agreem~nt, Buyer will verify that !he existing use of the Property as .. . ,\ . is pennitted. In we ~vent the use is not permitted, Buyer will, within the time given for verification, notify Agent for Seller, if any; otherwise 'Seller, in writing that the existing use of the Propprty-is not permitted and this Agreement will be NULL and VOID, in which case all deposit monies paid on acc'ouIlt of purchase price shall be returned promptly to Buyer. Buyer's fail- ure to respond within the given lime shall constitute a WAIVER of this contingency and all other terms of this Agreement of Sale remain in fnD force and effeeL 18. .. CO~ NOTICE 'l\V' Nor APPUCABLE o APPUCABLE THIs DOCUMENT MA.Y Nor SELL, CONVEY, TRANSFER. INCLUDE OR INSURE THE TfILE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATII 11IE SURFACE LAND DESCRIBED OR REFERRED 10 HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN 1llAT CONNECI10N, DAMAGE MAY RESULT}'O THE SURFACE OF THE LAND ANp ANY HOUSE, BUILDING OR arHER STRUCI11RE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Scction I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not he obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic iJlterests in the coal. This acknowledgment is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 19. J!<}SSESSION (1-98) (A) Possession is to be delivered by deed, keys and: "1. Physical possession to a vacant building (if any) broom clean, fr~ of debris at day and time of settlement, AND/OR 2. Assigmnent of existing lease(s), together with any security deposits "od interes~, at time of settlement, if Property is tenant occupied at the execution of this Agreement or unless othelWise specified herein. auyer will acknowledge existing lease(s) by initialing said lease(s) at time of signing of this Agreement of Sale, if Property is tenant occupied. (D) Seller shall not enter into any new leases, written extension of existing l~ases, if any, or additional leases for the Propeny without expressed written consent of Buyer. 20. m;:cORDING (;1-85) This Agreement shall not be recorded in !he Office for tile Recording of Deeds or in any other office or place of public record and if Buyer causes or pennits this Agreement to be recorded, Seller may eJecf to treat such act as a breach of this Agreement. 21. ASSIGNMENT (3--85) This Agreement shall be binding upon the parties, their respective heirs, personal representatives, guardians and successors,uand to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer shall not transfer or assign this Agreement without the written consent of Seller. n. J>EPO.SIT AND RECOVERY FUND (1-98) (A) Deposits paid by Buyer within 30 days of settlement shall be by cashier's or cenified check. Deposits, regardless of the fonn of payment and !he person designated as payee, shall he paid to Agent identified in paragraph 3(F), who shall retain them in an escrow account until consum- mation or termination of this Agreement in confonnity with all applicable laws and regulations. Agent may hold any uncashed check tez:idered as deposit pending !he acceptance of this offer. (B) In !he event of a dispute over entitlement to deposit monies, the Agent holding the deposit is required by the Rules and Regulation8 of the State Real Estate Commission (49 Pa. Code ~3S.327) to retain !he monies in escrow.until the dispute is resolved. In !he event 'of liti~aiion fnr tile return of deposit monies, Agent shall distribute the monies as directed by a final order of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any Agent herein is joined in liligation for the return of deposit monies, the attorneys' fees and costs of the Agent(8) will be paid by !he party joining !he Agent. . (D) (E) BU1~rlnJ~J;:r- I ./ AlS Residential Page 6 of 8 , ....~~ Seller Initials: ~ ~ T"'i~"""F_,~,''''"1!'~ .",~"", o-7~ ~"~~.~ ~"' ?1 (C) A Real Estate Recovery Fund exists to reimburse any persons who have oblaineu a ltnal ~1Vli Juugm\:lll agi.Uu:Sl U J.Jt;;1l1\:syn....lu.... 1C<.l!I;::>l<.l.lC ~2 .licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 13 ing all legal ond equital>le o:medies. For complete details about the Fund, call (717) 783-3658, or (800) 882-2113 (within Pennsylvania) and 14 . (717) 783-4854 (outside Pennsylvania). 15 ',,23..: 'CObllilOMJNruM RESALE ACf NOTICE (B-9S) 16 ""'IY"NDrAPPUCABLE . . ." 2:7ln.;1Q . 0:' ! :APPUCABLE ! "-.1" ,28 _\ (A) Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners'-association. i2S (B) ~3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of the oondo- i30 minium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association. i31 (e) Within _ days of the execution of this Agreement, Seller shall submit a request to the association for a Certificate of Resale and the doc- i32 uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within i33 10 days of Sell....s request ,34 (D) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely lIllUJlU'r, nor is Seller j35 liable to Buyer for any erroneous infonnation provided by the association and included in the Certificate. >36 (E) Buyer may declare the Agreement of Sale VOID at any time hefore Buyer's receipt of the Certificate of Resale and for 5 days thereafter, OR ')37 until settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be :i3B returned to Buyer. ::: 24. ~~~~~TY (~~~~t(~~~I~~:~t~~~5F~~~P~RPO~~~)OF ~~L~ ONLY (1.97) 541 0 APPUCABLE u I. - " 542 (A) Buyer acknowledges that the Propeny is pan of a planned community as d!>fined hy the Uniform Planned Community Act. (See Definition of ~ Planned Community Notice for the definition contained in the Act). ,;: .044 (B) ~5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regu- )545 lations of the asSQCiation, and a Certificate containing the provisions set forth in ~5407(a) of the Act. 1546 (C) Within _ days of the execution of this agreement, Seller shall submit' a request to the association for a Certificate and'the documents nec~ 1547 essary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within 10 days of 1548 Seller's request, :549 (0) 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 550 . liable to Buyer for any erroneous information provided by the Association and included in the Certificate. 551 (E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter, OR :.552 uDtil settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be :5~ . returned to Buyer. : 554 25. MA1NTENANCE AND RISK OF LOSS (1-98) : 555 (A) Seller shall maintain the Property, grounds, fixtures, ond any personal property specifically scheduled herein in its present condition, normal : 556 wear and tear ex""P'ed. . 557 (B) In the event any system or applionce included in the sale of the Property fails and Seller does not repair or.replace the item, Seller will prompuy 558 notify Buyer in writing of Seller's choice to: , 559 I. Repair or replace the failed system or appliance before seluemenl or credit Buyer at settlement for the fair market value of the failed sys- 568 tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to 561 the RELEASE set forth in paragraph 26 of ibis Agreement 562 2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system or appliance, in which 56~ case Buyer will notify Seller in writing within 5 days or before sett1e~tmt, whichever is sooner, that Buyer shall: . 564 a. Accept the Property and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 56$ b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer 565 and this Agreement of Sale will be NULL and VOID, 567 (C) Seller shall bear risk of loSs from fire or other casualties until time of settlement. In the event of damag<:,by fire or other casnalties to any prop. SliD erty included in this sale that is nol repaired or replaced prior to settlement, Buyer shall have the ~option of rescinding this Agreement and 569 promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds 578 of any insmane. recovery obta~le.by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitahle interest in this Property as of 571 the ~me of:ex.ecution of this Agreement. \ !' \ 1 , r ,. , 572 Bnyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph s\iaU cnnstiMe a WAIVER of this con- 573 tingeney and Boyer accepts the Property and agrees to the RELEASE set fnrth in paragraph 26 of this AgreemenL 574 26. RELEASE (7-96) - Buyer bereby release.s, quit elaims and forever djscharges SELLER, ALL AGENTS, their SUBAGENTS, EMPLOY- 575 EES. and any OFFICER or PARTNER of anyone of them and any otber PERSON, FIRM, or CORPORATION whn may be liahle by or 516 through them, from any and all claims, losses or deIruUlds, including, but not limited to, personal injuries and property damage and aU of 517 the consequences thereof, whether now luwwn or not, wh.ich may arise from the presence of termites or other wood-boring insects, radon, 518 lead-based paint hazards, environmental hazards, any defects in the individual on..lot sewage disposal system or deficiencies in the on-site 519 water service system, or any def~ts or conditions on the Property. This release shall survive settlement. sao 27. REPRESENTATIONS (1.98) 5a1 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Agents 5lj2 or their employees are not a part of this Agreement, unless expressly incorporated or stated in this Agreement. 583 (B) It is nnderstood that Buyer has inspected the Property before signjng tbis Agreement'of Sale (ineluding fixtures and any personal prop- 584 erty specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in ils present condition unless 585 ntherwise stated in this AgreemenL Buyer acknowledges that the Agenls have nnt made an independent examination or determination 588 of the structural soundness of the Property, the age or condition f)f the components, environmental conditions, the permitted uses, or 587 of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems 588 contained therein. 589 (C) It is further understood that this Agreement contains the whole agreeqwlU between Seller and Buyer and there are no other tenns, obligations, 590 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthennore, this 591 Agreement shall not be altered, amended, changed, or modified except in writing execUled by the parties. ~92 (D) The beadings, captions, and line numbers in this Agreement are meant only to make it eat';jier to find the paragraphs. 893 2ll. DEFAULT-TIME OF THE ESSENCE (1.9B) ~94 The said time for settlement and all other times referred to for the perfo~ance of any of the obligations of this Agreement are hereby agreed to be 595 of the essence of this Agreement. For the pwposes of this Agreement, number of days shall be counted from the dale of execution, by excluding the 896 day this Agreement was executed and including the last day of the time period. Should Buyer: 597 '(A) Fail to make ony additional payments as specified in paragraph 3; OR S9B (B) Furnish false Dr incomplete information to Seller, Agent for Seller, Agent for Buyer, Dr the mortgage lender, if any, concerning Buyer's legal OJ' S99 financial status, or fail to cooperate in the processing of the mortg~ge loan application, which acts would result in the failure to obtain the 608 approval of a mongage loan commibnent; OR 601 (C) Violate or fail to fulfill and perform any other terms or conditions of this Agreement: 602 then in such case, Seller shall have the option of retaining all deposit monies and other sums paid by Buyer on account of purchase price, 683 whelllr required by this Agreement or not, only as elected below: (Check only one) 604 Iil"" As liquidated damages. In this event Buyer and Seller shall be released from further liability or obligation and this Agreement shall be 605 NULL and VOID. 6D6 0 On account of purchase price. or as monies to be applied to Seller's damages, or as liquidated damages for such breach. as Seller may 607 elect. In the event of Iiquideted damages, Buyer and Sell... shall be released from further liability or obligation and this Agreement shall 688 he NULL and VOID, 609 29. AGENT(S) (1-9B) It is expressly understood and agreed between the parties that the named Agent for Seller, any Subagents, their salespeople, 61D employees, officers andlor panners, are Agent(s) for Seller, and thaI the named Agent for the Buyer, their salespeople, employees, officers andlor 611 pllt1nern, are Agenl(s) for Buyer. If there is no A~ent for Buyer, Agent for Seller or S.ubagent for Seller may perform services for Buyer in connec- 611 tion with financing, insurance and document preparation, with written di,c1osure hl Buyel' and Seller. 61u .,614 615 116 617 .~ Buyer 1ni\il!!!1. ., , . AIS Residenlial Page 7 of 8 Seller InitiaJs'c:.. ~~ ~ ~- ~~IO?O ~ -r - 521 523 524 515 S26 517 518 529 530 531 532 533 534 535 536 537 536 539 540 541 542 54a 544 54S 546 547 548 549 550 551 552 553 554 555 556 557 558 559 558 561 562 563 564 565 566 567 568 569 570 571 872 573 m 575 576 577 578 579 580 581 552 583 584 585 585 587 5B8 539 590 591 592 593 594 595 596 597 598 599 688 601 602 603 604 685 606 607 608 609 610 611 611 613 614 615 616 617 MEDIATION .. " v", ";;dUi; l.(1 "..-; 1,.'" ,;:'_iJ ,~.ili ,t.'j :';r :'llJ DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES. , (...i.; ;i. 'L:. . ~ '. . . , 1. . Agreement or Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the panies have agreed in writing to mediate :;, under'DRS. Tbewritteri, aj:reement cim' txh;'hieved by a standard clause in an agreement of sale, an addendum to an agreement of sale~or through a ,'.'...' separatewritteilagreement .r!' , ,"__:"' "I' ..,"'.- '1:1 "-j'_' 'I' "_" _., ,;' " .".. " , J' " '.~" 1.'\ ;" v; '..", ,~, ...." . "'1";' ',i'>"'iI~ :,":'~f,ii\"lJr~~?fJI1I(JJ-l.)rhJ:1 i-""l.;iJ,).)".:t1lJ;i~\ ,,'_i,.5l' I' ':,1. ',,:, . _ ,,:.. .' I"'}. ..<_,,1 '!':',,';i."IJ{i,!';' 'l,P',,;-, i),i,;:r~-i1;' (f.: . . ~~; Illitliition or Meiliation If a dispute exists, any party may start the mediation process by sub!l'itlUtga cOJ1lpleted Reque~l to, II1jllate Mediauan DRS Transmittal Form (Transmittal Fnrm) to the local A!soc,atian of REALTORS" (hereafter 'il..,dministrata('). The T'1lI\smi\~. Form s!jould be available through the Administrator's office. The initiating party should try to include the following information when sending the cnmpleted Transmittal Form .:"~ to.,th.eAd.llUDistra.tQl':;:i'l'ihi~; ;L;i..,_:'J";:;':;~"",u',,:,; ~<.....i',,~,'" '~"r '" _., :,;.:.. .".., f':!l!' ,.,..;~.,ii!",;-,l'..,.,';'.' ;;;1.-. '.' ".' a. A copy of the written agreement to mediate if there is one, OR a request by the initiating party to have:the,Administratorcontact the"'ther par- " , ties to the dispute to invite them to join the mediation process. i ~~~ eid,l.b~ tZTtie n8m6w.l~ssesi~ telephofte~ill.lmtkiS 'of the parties' involved ip the dispute,' including, the' name of eve-iy.insMance\:ompany'known to ~:; "'i'::"'~~~;:~V:';:~~:~;:~fU:~O~~~::: :;~=:~n:~l~~l~:i~~m nu~be.r. .' .: .:. . :',.,:,;. '.. .... ~~J ~" '... . . '3: SeleetI~n o~ ~~4:?,~thin1ive d~;;'ifreiei~~irtb<>~~mPleted 'fr.i,suvttai Form, the Admini;trator:will s~nd ~ach p'arty-torh~ dispu~'.{ c~py of t':; the T~mittal FpJlll \md. a list of qualifiOd'mediators1Uld their fee schedules~Each party then has ten days to review the list of mediatOrs, cross off the ,"" name.of anymedialOrwwhomthe party.objects. and return the list to the Administrator. The Administrator will appoint the first available mediator who ~t,~ is acceptable to all partie~ _involved. 11'0....-..:';:;...'._, ' _',;'~'" ....,., ~r~~~~:~~4&j;;!W~;~~'1~~PQal-iII~~~~~$e~disPU~ ~rtl1e ~~sult.of the me<Wi~?~c#;!i~i'~~' ~~,ll1'II Uif.orin~~:~fri',tl!~It,Wj'1~ ~opSl'nt,:;..:... .:'. " .,. _... .. . . . .,.....,.,. .. h ";-:"",~):j;:':''''~~~''!<':-,;/''Z/~~~.:~:~},~-g~::f:'iJ:::::j '<tL\-....-:';.".- --., ,',', .... ,'>_,_,.::"rf:. ',:- : 'l~ -" - ..':. 4, ~e4bItiI!J!Fee$;~\iOli/~~>vUl1:>CJtivid~d ~uaUy amongthepanies i!rut wlll.be paid the pay~'7't1~nllB contained to 1hemediator's feescbedule.. . .;',,~, .__.:..:- ~ ~,.-" .;~\",,_,_ .;j'lj>,U '," .__. __.___ __.._.. -'".-~",,":-r-"-" ~'.U_ .... _~ ..:... ,_"'____,_ :'" .'i~_~ ' ,$. Time and Place of:M~oD .ConfereDce Within ten days ofbeingappo' . tiIDe and 'place of th~ ~aiion conference. The mediator must -give at least not be more than. sixty days from the mediator's appointment to th te '_ '__: _ i"''''~, ,,%2.:'i:l; ~"i"'/ '~t theparti~s~d set the date, s. The mediation conferenfphould 6. Conduct of Mediat.ioDConf~rence The panies atternl' 1. Have the authority to enter into and sign 2. Produce all iorormation required for rials, as well as descriptions of wi ence. The mediator can r p dispute. The information may include relevant written mate- q.mony. whether or not they will be appearing at the mediation confer. s imd information before the date of the mediation conference, ,r.:. :;. ',,~rl ment ne alion. n dispute:and n;ach a mutulllly agreeable solution... '.';'" i 'on, to bind the panies to hjs or her decision, or to force the panies to reach a settlement. ,"i." r'~~ tJ ",.;;;!:i' ";\1;',. ,-1;[ ,).1',,1"1 ','j;-:,'; ,.. , y l*lY who in~nds to he accompani~d to tjle l"ediation conference by legal counsel will DOtify.!be ,DlC\li;1lOr and the . teD~iIIleas1teDday"beforetheconference.., ' ...... ,'.! "",:.; .'.c.... . , '- . ' . . . ..~~l>t1Q~li NOlISpectof IIIe dation can \lerelied upon or introduce<j as evidence in any arbitration, judicial or other proceecling.Tbis inciudCs; . . "'" bUt is not limited io.any OpiniOUA or suggestiollB made by any party regimJing a wssible settlement; any admissions made during the course of the medi- ';,. ation~ any proposals or opinions txpreSsed by the. mediator; and any responses given by any party to opinions, suggestions, or proposals. to'IN _{:,-l. ,;,:..;'11 L-,' ,. :. ~ ~'a.. Nopriv~ge wlll he ~ by ~Wiurcs. m..in!be ~,Df!be JDr.diatjOll. . , ,;~, .')' :.:;':',:II'!,'\)IL-1".;I;- ,:llh? en:! .f:' Transpipts or recordings of the IIledialioD wlll nothe allowed without the prior, written consept of all panies and the mediator. . ;;; Records: re~. an~l'~~WD~~..ree~v~ orp~pared by ~ mediator Dr Admi~is~t9r ~ot be:com~'lpd~'~;",?i.tr,\i~~~i!Odicilli;'<ir:ather proceeding. Wlth ~ ~~9'u()n of ~ agreement that 'l'asreached m the course of medlauon and sIgned by all ~e Parti~s~' ,. ..... ',' '''^, . . _ ,,' '- 1_ ,,' t.., __ _, ""c ,.... '. ) ,'. . . " ' . . . ' . d ,~, I I ~ - . . ;.; Neitbei: d",'o;ediat.Orl no;ihC Adriliuis~aul{~~ liFc#lJiPl>II"l1ta ~sti/)' in, any proceeding regarding informafi9i1 ~~~p Qr~PfC~~~~O~& made either in '. ~;, the course of the mediauon or in any cotifidenlial communication. ,,"Lif. ':.rii!l;jdl./11rn'),i:.l.....AiTld.ll:;.ilji.Jill,~,.J,i.J,'d!:J.ji'j!f'1l;;:1,.J_",'_" """,-i(!;,' :-.,,' _,;, .,', l);' :.:<:;.~p'J"itl.jr.i,~~lill.l.U;:,\')J , . ~.; Mediated SettlOllleJIt,,, Wbena.Qispute is resolved through mediation. the m.di~tor will put the complete agreement in writing and all parties will sign "" the written agreement within ten days of the conclusion of the mediation conferepce. Every reasonable effon will be made.to sign the written agreement . J at tbC end of the conference. ( '. ,,~<lU , " " i,",:',j--,;_'illli..-.:.II,_;iHljlt.:i!j")U~~uUr~~~ <"-"". :- 10:' Judidal Pr."",otlb,g.< and ImnIUDity NBlTIIER THE AoMINISTRATORi'THE ~1ID1ATOR. THE NATJONAL/ASSOCJATJON"OF'JUiALTORS~, THE ",; PENNSYLVANIA AssOciAnONiOF'REAi.TORS~.NOR'ANY'OF ITS'MEMBER BOARpS, SHAll. BE DEEMED NECElisARVOR '!NDISPENSABLEPARTIES IN ANY ,:"~ JUDlCIAL PROCEEDINGS RELATING 'fO MEDIATION UNDER TflESE RULES AND PROCEQURES, NOR SHALL ANY OF THEM SERVINO UNDER THESE PROCEDURES BE ;;~ ~~"':.:n":'S~':....~ ACT.~RO~_ ~MlSSION IN CONNECTION, WITH ANV SERVICE OR THE OP~N OF'F\Hi.l\OME~~OME B~ ~:~ ~--_.,---"_.....~-_.._-_._._-.-L.J.-'r-';..--j......-,,_. ..__. ___ c' , . ~;:, :':>'" ~__ ."... ~_..., .... .,,';'~::~,:.T:f~">~\:~,~~, ,H. L, j'l.l I ' .' .d~ ;,.~.'" '1" ,DOl "0' , SU, 1:0, i'M! 'Gil\ bij' ii:\U\ ,I"aij{ .. oj ~O, ut, "rn: ''''''. ....-:. " ~.'-:-"--'-----,--.--,,-~--,-_.. '" "!l',...,\j ,:.1..1 '{nj.qiil\l)1 A.1.J..El?, }jUl T\.nDi-.W.i," >.:. .""_.,,.. 'I <I CiilT'l'n:lt. .il,' .'I,,,_:;Liil,_.-.;'III;"U;;lrl/ , I ;-'--r f\ , , ________~_. ~ ~ ~_.~:T"_Li i,..,' . ~-'-" --------y'+)l+l-i. -""" ,'i" , ": ,(r;lflU: '~' q;lll)~j) ,t.i:1Y'JH 5lUi TVidi.h '.' "(8 (f:rf'.:ED~)/.. ."-'-:;-'-V' . I j,iL"H ).( 'lhJJJ;!I1lII~1 1'_J ;';U.'. ., 1",,'1'1'1' ,"",:' ~ " .I; t;j,,: G '1<, (, ',;'; :'1 , ;;.~.:,(~i<_:,;i'I' 'f,".' "_..c:;.~'~<~;i~~~,- . -!,__~..,,,..__;:__._'~\'~;_~~lull~'{,hlt : I .;;....- ~ " . ,....---".. . '. ..... ';"_"" "'^^--"~..<-~ :;d..lJiui 'l')il'-,~';' ~ ....."'~- . f.d, '"PI"'1''1''''''l'!'''rnw,c !- ...,<./. ~...U:"....1JJ.....i.1Vl'" (/~::;o) 618 619 0 Nor AVAILABLE 619 620 0 WAIVED. Buyer and Seller,)ll)~d;JlJ~ Il'FY.ll)ay 'f'00~1' 10 mF<li4te al a l'\le~ 4ale,.shou14 a ~~Pute arise,but that there will be no ohlig- 620 621 ~on on the part of any party to"do so. . , .." .. . 621 .. ~~;.~,%',~::;:'(~j \_;,B~~~5~~~;<~ili'ti/(~~~r~~i~y'~~~~~ ~ ~'l~,~;t~~ ~~;L~s.e 'fro~ t~~ A'g~~~~n~1'9.~:S.~~ r~'u~~.!~~~tion."~';'~~~~~':~i~:~~ :~~ 624 1 .... 'Rules and Procedures of the Home SellersIHome Buyers Dispute Resolution System.- Any agreement reached through a mediation conference 624 625 and signed by the parties will be binding. . ".... .. . 625 626 .: (jl). Buyer and Seller ack,nowledgethatthey have received, read, ll/ld understand the Rules. and Procedures of the Home Se)lersi!tome !luyers 626 62iO""".""c;''DiSpuieReSolution'SjlStem.'(8eeMediatiOl,'Notice.).' . . ':.:'" . .., ,," .' ,,:".. .: ,.' , .. ' 627 628",;;11:., (C). I 'This agreement to mediate disputeS arising'from this Agreement shall survive settlement." .. , ",.. I' ':, ,,"" 628 629'<. II,J/:. " ".,' .0-" ,; J- J .;. .;:, ." ,'; .1 ':i .d' "", ,,',. .., ..-:. ,_.:1, ",,' 629 630 Buyer and Seller acknowledge that they have read and understand the notices and explanatory infonnation regarding property condition inspec. 630 . 631",tioIlS..tforth.onlllllbacknfthi.soform.. ... ,L 631 &32 .' I': II",' ;i,'..f:1 :',l1"i,iil-_,-'I.I'F".il)"..dl'1J "',;)1' 632 ~Yil;,1!Iq;m:;1f. '1;0 1,'M!,1.lJlS:~S~~,:rnIS AG:~!SA. BJNJ>ING COIWRACT, Retllfl\ byf"""imile ~"" (FAX) of this 633 634 Agreement of Sale, and all addenda, bearing the .iga~tum, of all parti"'l, constitutes aC(eptance of this. Agr<<ment.. Parties to this. transaction 634 ~.~.~...~.. ad._~.~'~~~)'~;:.",:~ ~~ :: i,~\'~:: ': . ..... .. .'-~' .. :mfj ~ /" ~ .-=-' '. " :: AA.. ~ . ..~~ . ~...~m~ . .V\1;.. I. 64n fIlii' llj '-:Jlr:li.: lJ"';~Ji, t,1 640 ~2' ~ .... M2 ,,~Uer b",!,by""pltixes;~i\l)ove,contract thjs 642 6'Q" . . ., '., .' 643 .~. ~ ~ ~ '~j; ~ 647 647 643 LER"';':::'7 ~~ (,. ~. 646 649 . SELLER .. . . :::::;- 649 650 'I SELLER' . , , 650 651 ','.' .",......1 ,,'< :/.:b: ;J.l ..,,, 651 652 . Sel'\'ices to Bnyer 662 .: i03 In conjunction with this Agreement of Sale. by initialing below, Buyer authorizes SUhagent for Seller, if any. orAgent .for SeUer to.perf<inn .the following 653 654 services on Buyer's behalf: 654 6~ ':~ l.;iq.-" .t,.' -.". ..... .1', ,'.:!l1 );:,:, ,i,I:-, \L. . .-"Ii: ..'\ .,t,,'q ".1 'j.'J; ilf,:'j.! tl,j:1 !i.: ~/'l.' ;-.'! 655 ~i":: ; ,q*"}'i~~II1'll/l",frolI\.I/I1y!eputaIileTi~InsuranceCompany".,, ,'.', ,i. 656 657 Buyet'~.bJ~. " I:i-'; .1 :.!t:J . ~'..~, .; I!I _ .i) "'di '"f: j . ,t.; 657 m ..~ m . 659 Order Homeowner's Insurance with coverage in the amount of $ ~, 659 660 Buyer's'Iniu.ls ' ',~ . ,. I-j I... II!! 660 '661 ;;<. .: :..!., ' ~:;; 1'):/Ui','b r,HOi'i\1..q;m ;":'1;-' 6,61 :.682 Order Fire ~'Extended Co~erage.bisurance 'witti Coverageiit the'amQqnt'of$' ',l 'I;;'" ';i: .)!r)i\.h....-G;r:-:~'i ',,;;1t 'ttl';!i :;~'1n- 662 !:' B~yer.sInitiaJslJ.;!;:'.,;. j: fL.. Jl -;1 " '"~ ..... ,I "1~ ,"id.-':" ':".:t~.":.:;,::'t':'~:\::~<"'i'';':l.;/.',:'?~',i/i;_':'~:. '_::;_;~",;,;." ::. [.665" ,', ':" Ofder Flood InsuraD.ce with coverage in the amount of $ C", 1 ': \ ' .:'; .t, ;i.~..jw,. ,j.'~;"::;-"r' .:;~" \ ;~~-~;;:<i~/:~:-. '~, ." :i.,:~ 665 :i Hi Buyc(sIni' 666 i)~.6Bl'~~ ,(' I 'uy'e~.l~ ~~~~1~\'~'~'o)('ii)fj;(17:t;/-jt:~./'I~': ;':~!'L'r. . "" . ~:"7~llj,)::~)Jli~E) ~:d'i~~:;.~:~b~lrt';'" ;:~'.' ".' :: 'i669 B."'. ,. . ~-.. -;-- - '-' -.. Fee:'~ ,~""_,,"),,;C,,;,..: ,c",...,.I:'. 669 'f.170_.,'-'. .,> . i.,'" \-, '-" ,;",. '. _ ".'. ..-/" ' .(~.:: t', 670 :-1 !i1~.~Uh\...1':i:,~~i;l-,;~~J~~~:'t".q,.1~l~U.10 l";:O:l;j1il.'II~Jt~;J'll!j:hj-. .~.11':'- i'lJ :::,,~;':':Jhr'(',\- ,; i", ~::"uk, '." 'j" .!i i' ~-r . ,__ > .rJ;>;hii,;~'m"j;ij j.\'i,):;~.';'lil1 .:;1,:1' !H"j~' iJ'.I.Ij\'OO.: sic il:~~t~~,~I~~i~I~~';~;:~J:~i~~i~:2~~;~I~~;~~ ~:~~l':"~:I.;"i.',:~:~ t~'.:" ,':'_;',I:~:'!,;:~_,~:,,-:,~:;:~,:, ,: '.',";:',;. :-;:;: ,~~:,:;: ,. ,;.;;' :. ..~, )_ '.,. . .::~_;., ,~. ", ,_ ,;- ;.::~' J !,,';;"; ::,:;,~-:.~~~~~::~-;!(;; ,~~';. ~'~.';';::~~'i':':'~~ ~~';';!':-' ,';:~.._:';:;':" :~: 1674 ~'.Acknowledgment ... . 674 ::675. ' . . Seller ac}olowledges receipt ofa separate Buyer's services agreement with Agent fo~ Selleror<Subagent fpr-Seller)ii .J.JjJy..J ?~'\:li- 'il'\ ,.,;:1 675 ;'676 --,lniOals 676 '677 .1wJ.iu:;l(j ,:-;dl L;... ~.:....J":I ~f... ;,;:1. , ,,',-~':,;Hq"l ;'"d~~. ';.-:;. 'J;. ,,' , 'J..! ~-, ; "j '.. :i.~;I,_;fJ';ljj: (..rir'it: "~.JJi~";;;i:"':01 '1\1 ,';qh':'Nii~,n 677 ,671 . 671 ;'iIl, ~'MAged'" ....r6fi~~~)t.h_" .U.h.ta.....nnU..hle); '. '" " ...... '" .' ' .. 'J"'" ....." ...... .' 679 :;680' "'-b')ef~cl'ea4,~~i~'b~=;'~~qui;;.a iffu,Pefty was built bet'o..ei97li: 'ih~~~a,~~i8i1ed All~'l\S ;Dvol;:OO:Jn ~. 6BO i6Bl . transaction. on belililf of themselves and lbeir brokers, certify that their statements are true to the best of their knowledge and belief. I 6Bl '.~B2 " Agents' Ackno~ledgm~t~The Agents involved in this transaction have infonned SeIler of SeIl~r's obligatio"s under Tbe Residential Lead 51Z i83 " ~ ,- "PaintHazard RedrictionACt"42 U:S.C:4852(d), and are aware of their'~spo"sibi1ity to ensure compliance. . .. ,i. . ... 603 '~ '. " ...'" .r:j" .'" 684 /85 0 Regarding F!fA Mortgages: The. undersigned Agents involved in this trll/lsaction, on bebalf of themselves and their brokers. certify that the 6B6 : ~a_ i^ I) I" ;/' f t.-)::r, ~rrnS.{)f.this Contract,for purchase ate' true to the best of their knowledge aJ\d belief, and that any other agreement entered into' by any'of these 686 181 ,.. :Ii parties.inconnection.wilb.thistransactionisattacbedtothisAgreementofSale. ", "" . 637 I:;:: ~Regrdingl\fedi.QtiOO:~The~;rIJldersigned .o;.' '';. II ;'0 ~'(; 'ill ;~d~ ;..iJ ,,:, ::: ,l1\lh,;<>lCn:J~J\jl",,\.fl'fl~ll~()~g!:nlf"'Iluyer 0 SUhagentfprSeller.. . ". ,,' 0:, i... i.'..... 6~0 111, .. "c,,~n.~luljf of.'!iF'1''!11v~,f'!'\I their brokers, agree to.submit to mediation ip a~cordan~e with paragrapll3Q ofthi~ AgreeO\ent. 6~1 ~: ~'_:i~;,j : j~/, i;~'I. :~:-;.~I; ','1'1"1, 'J -li"'l f,l;~:" ",,,:,, - ',,,.., '; <.. " j\',:l: ;;t :::1 )l;l(i,-,'., .i,,:wJ I r :. .::: ~94'jYAbEN'l'FciR~(l€oiit"Y'Name) "i"i"i, . i94 :i9f!.' : ACCEPTEDBY ",iC...;.,,", '.. 6~5 r:j96 (S' 0 rOl'SaJesperson) 696 ~. .~~ ~ ~ 9JiSlJBJ\GENTFORSELLBR(Company Name) 699 "00 . ACCEPreD I1Y DATE 700 Ul (Si_of&.kerOdl.lespenon) 701 02, 702 ~ ID ,~ AGBNT FOR llUYER (Co 704 05. . AC(;EPTED By 705 .~ ( 1~ ~. .'. '.. m ...~ B~~Il;~~ M~entia1Page8of8 &BerhUUak: C~~{~~ .~;- ." BUYER',,\ rnpv '-""mm~"'''''_. ^-- /" PRE. SETTLEMENT OCCUPANCY AGREEMENT , , THIS AGREEMENT is made and entered into by and between Paul Dinda and Mary Dinda hereinafter called the Buyers, and Forest Acres Trust, Troy Beam, POA, hereinafter called the Sellers. WHEREAS, the Sellers and the Buyers have entered into a written contract dated September 2, 1999, for the purchase of 197 Beech Tree Street, Buyers are desirous of taking, and the Sellers are willing to allow possession of a portion of said property, prior to the date of settlement, with occupancy beginning September 3, 1999. NOW THEREFORE, in cQnsideration of the mutual promise herein contained and other valuable consideratiqn, $750.00 herein set forth, it is mutually agreed and covenanted as follows: The $750.00 will be reimbursed to Buyers if settlement is before September 30, 1999 or the $750.00 will be lllpplid to October's rent. If settlement dQes not occur until on or before , . O. ctober 31, 1~ ~;ill be $1,OOO.Op.,. for eac~Z2h~Oct~b~~ Jl;99? ..",u~~'. .' :g:tJ: P '. '. at. ~~ ~ ~~~ ~( l.The Sellers wIll permit the Buyer~ to occupy property and land located at 197 Beech Tree Street, and the Buyers agree to occupy said property limited strictly to the terms and conditions mentioned herein, and will not make any changes other than thol!e listed herein to the property or building until they secure title to said pre~ises. 2.It is understood by and between the parties hereto that this Agreement is not a lease and conveys no interest of allY kind whatsoever in the aforementioned premises other than a mere license to reasonably use and occupy the same under the terms and conllitions herein set forth. 3.The Buyers shall pay from and after the date of this Agreement all electric bills for the property, as rent until settlement. -,.. 4.Buyers acknowledge that they have fully inspected the premises to be occupied by them, including but not limited to all appliances, plumbing, wiring, and heating system, and accept same is its present "as is" condition, as though settlement were actually taking place. ~'3l/I'i99 5 Buyers agree that on or before An~u"l 5, 1999, they will complete settlement incident hereto. 6. When settlement of property is ready at the office of the title attorney, both parties hereto agree to make settlement in accordance with the terms of the aforementioned f3~t>>lolf- 13 ""'~I'!m'"W_ " ~- ~ "n. ^~.~~ ~~ " , ~-1 - ~""""_'I", ~ . contract. The Buyers agree to do any and all things, to pay such sums and to sign such papers as will be necessary for the proper settlement of the . premises. . -. / 7. The Buyers further agree that in the event they fail or refuse to perform pursuant to the terms of the purchase contract and this pre-settlement, they will forthwith surrender their possession of said property, without any notice to quit, all notice to quit required by law hereby expressly waived, and the Sellers shall be entitled to proceed to recover possession thereof in summary proceedings. 8.Buyers agree that in the event of their failure to complete settlement and consequent surrender of possession as'above provided, all repairs rendered necessary by their occupancy, ordinary wear and tear expected, shall be paid for by Buyers, and Buyers shall not be entitled to any reimbursement for the cost of any improvement to the occupied premises. 9.During the continuation of this Agreement, Buyers agree to maintain the occupied premises in good condition, free of trash and debris, and to abide by all regulations of the Sellers relative to the occupancy thereQf. 10. . Buyers covenant and agree th~t they will not assign their rights under this agreement without the written consent of the Sellers. 11. The provisions of the aforeme~tioned contract shall remain in full force and effect except those provisions which are amended or superseded by tlltis Agreement. 12. The Sellers assume no responsibility for household contents or other contents placed in property prior to final settlement. P~~&?/- ~~~~r f Buyer <rl f{ Date 7' qJ:~7 D'ate 'c-~5iiI;l.~~ ,~~ --,- -~ ~ ,~~ !U/~111~~~ 16:1~ 717-697-8822 D~~UI'UU LdOU jrans.er lU:(1(-(bl-l~b4 JAC~ GAUGHEN/MECH. OCT 27'99 PAGE 02/08 14:52 No.OlB P.02 Jeciued %tUtCI CCPZ-~~ 'l..t-I/" ;.... '., .;...,....,' ," . ~ '~l>r Commonwoolth land Titl, In.ur.;;... Co. . ..'", .. .. ......... ~... ,I. '.t.,. ,.' '; '~":~ .. ,." ~I:. ..... . October 21~ 1~~9 , ,..... ........:- . ..... . :' .., . .., , .. Jerris Collins ::'::~~ ~ac~ Gaugnen Realtor:~~ 10. old Schoolhouse ~p. Mechanicsburg, PA 17055 VIA FAX: (717) 6g7-~e~2 .';.;:: ..' ~ : ....'. RS: '~". . .:) ~;. P~emisesl 197 a..ch Tree Street,~~~ppensburg, Buyer: Dinl1a, Paul and Mary M. ' :" . Seller: Forest :~~re6 Trust .: .... ,.. .' .....: 1>A . ~:~ '\~. . ..it., Dear Jerris: "I.' ~ ~.,: ..... '" ".1 On OctOber 1'. 19jP, Richard Stewar.t~' Attorney for Seouxed Land Transfers, Inc.; 'advised Lorrie Gantt, Title Binder processor, to' contac~:~dy Hale of Kal~'~eal Estaee. listing agent . tor the above-mention,~ premises, to r~e8t a oopy of the Forest Acres T:Nllt Agreement;,,:J\idy Hale advis~.irMs, Gantt eo contact you, the selling agent: to discU~B unspeelfled problems concerning the title. Judy 11alo 4111 nOt":produce the Forest Acres Trust Agreement. . '. '....- . .:.'1 ..'..., Secured Land Traiiters. Inc. issued:. title binder for the above-\l\entionsd prem!'Ii$s on Octoqe. 15';'~1'999. with a requirement that the Forest Actes~rust'Agreement ~.' PROOUCBD and APPROVEO PRIOR TO SETTLEMBN'l'. Ta this date, sai'l1' T:Nst has not been prOduced. '. ". ;'.:'::'. ..' '1 ", ~ \ If you have fUrth~r queationa, please contact me at (717) 761-7744. \; ~. . . " ....' , . ...... . ". "..... Since~e~ ~. T.ylor Vice pre'Iil;~!1lilnt ;'oI.'il'f. ..._t.. 0< ,., . ' .~. 0(' .~;:~ "'4 ~,...' '1':';10. .,' '1"/1 .'.'.". .' '. .,'11" ~, ". . ,.... \ r~ . ~ f ~ '. .,~. ,4. Prom Search tv ~nt':'" 01\0 Call ~. C- Of It.AlU 3800 Market Str"l. Camp HIli. PA l:...~' . "(:i' .';' 17011';:; (717) 761.7744 ,,( ;1.... .j4tlftt .~.. tJ G ~ibJ c.- "'PfWI!,$!<.IW,~ "" ,. ~ . - ~r~ '-"" --~--" _.=- 12/20/99 15:55 MORTGAGE SERVICES ~ *917175~23713 NO. 120 [;>03 , /' , I !, PHH MOI'Igagc 3000 I ...lit'\, Rd T .,.phone Senices 1wI1.~80S4 888717 41J5 o . . . . " I , Date: 10/29/99 ClIStonter(s): Address: PAUL DINDA. MARY M DINDA 197 BEECH T1U~E DRiVE SHIPPENSBORG PA 17257 Registrlllion I: 8689390 Dear PAtrLDINDA MARY M DINDA We have lboroupiy reviewed your mongage loan application. However, we ate unable 10 approve YOIIC application. This decision was a result of isslIei wilh the pIOpeny being fmanced as follows: After review of the title policy provided by Secured'Land Transfer. it has i'. i been determined that the po4cy provided for the above address d~es not give ! the mortgage company complete coverage. . - . ,.,. '. I Please llDderstancl mal from a fiDaDcial Standpoinl you are approved for the mongage amount requesled. Wc 1001<: fotWard to seJYiDg you if you decide 10 pllrCltase a different propeny. Because you an: a valued customer of USAA FSB your satisfaclion is very imponant to us; we are sorry We are Wl.ilble to provide you witb a mortgage loan alibis lime. By law we are required 10 lell you the federal Equal COOil Opponun'l)' act prohibits us from discriminating against you on lbe basis of race. C(l!or, religion, national origin, sex, marilal $talus, age (provided you have lbe capacity 10 enter inlO a binding COJIltllCl); because all or pan of your income is derived from any public assistanc;e program; or because you have in good faith ellen:ised any right under the COtISIlDleI' Ciedit Protection act. The Federal agency Ibac administers compliance with Ibis law is lbe Federal Trade commission, Equal Credil Opponunity, WasbillglOn, n.c. 20580, (202) 724-1140. If you have any questions, please ""nlOCI your represenll\tive al USAA FSB . l'hanlt youooce aaain for the oppottunity 10 5et'Ie you. 1-888-777-4115 xB7604 lIndetwriler DEllllIE CHU X87614 lmITH SPONAGLE Senior Counselor ~: (Oo,CU1"" Exh'~ll ]) .--:P''1r'')'''':'_''''''~'''' ...... I 10/23/1999 18;42 7173595773 JERRIS COLLINS PAGE' 01. I~ rJi'::!QJ: , . GENERAL RELEASE FROM AGREEMENT OF SALE . . . , A.gr-r~enl.. '. SEu'BR(S). hereitlllt\et known as BuYER{S) and Ia day of ~...:........... 19~ by Md bltWoen hereillllt\er known as Gaughen RCAltol'. hereinafter known liS (AGENT). Wb.eJqJ. ~ afonlIlIoDtiollCd ScI\U(.) w Buyer(s) did "'ICf InID an ^-sreeRnt for tbe Sale ofRcal &\aIC cIattd lhc l liar of. 19. for Ihc sale of tile premlses altuatD 81 Jrn~~n;(ctCl1;c>.~' . p..n.S\'Il':). peno5)'I.-anja. which Agreemellt Whct~~f~h~i 10 4cc:larc laid AgrcenlCnt lIull Dlld voiel. and 1IIIuLuallf to releue one ...0IbeJ' fro,o any DDIi all d1l1p1iobl Iborelln4cr. lAd N~, lhe.rclll". in.;uusidClalion GIlbo prcmiscllllllllhc iWU ofOue ($\.00) Dollar, paid III han4 elIl:h 10 tile oiher, r_lpl oIwl\lcb ;, ~lcdsed. tile paniclapee tIlel: . BU)'1lf(f) lIIId SclIon horcby mulLllllIy 101_. qllll-c:lu!I1_od forever di$CbarSD lhe olher (rom 11II)' ami all obligadO/l$. eompJal.ntf. Uabililica. c1a1m5 aDd dcn1;jnclo wbllt&.QC.ver by (caJOn of rhe llforClllOlUioncd A&r_11l of Sale. lAd funIIer rhe parties cIo joiDlly oUuI ICVually "lease. remi${;. quil-c:laim and forever di.eIw'p rhe sal4 JACK GAUQHEN UAL TOR. It. Officers. lO6enlS. repre..ntali"cs. coopcradnl brokor. an<l Nb-aaenUl, ... well 16 any 8u)lcr'. aJCIlU. troll! alLf and .11 obUgalions, complainl', clail... and c1elllUlds. whatllOO>'er. Agenl(.) IikcwlR and reciprocally retea.e BII)'er(.} llJ\d S.Uer(I), Pal'JJ\l:."I1 ol d~llO'it (cash aLlQ/Ol note). IUbjecr. onl)llo IlJIY pr..;ously aulhori:ocd dedUCllolI'. if herelly dirtaed 10 the 1I:.uun1 of:; . llu~er: S 5'()(}OrlJD S'lller: $ 111 wi. wllCNOf, Seller(s). Btqsr(s) IlId ABC"I(S) ha\'C hCRlI'ilO 5Ct dlcil band. lIlld Ulllllbc clay and year flt'll abllVCI W,illtll. . Wl'l"NESS: --.. - Seller Dale: ~~ 1Jt:iLJji-~~ O.IJ. .. , ~ 11. ~ !J -<" ~ Dale:--/.d.1J~!i , ----- ---- Rev. 1 \193 OCT ~6 '.9 1~'~4 l>~;L 711-~q7-A~?~ PA~~,~A? ~'thi"';,+- ;; rHII"I';~'I'"'~"!'V..~~Iil':!'f]~ __~^', ", ^'V . , , . . . PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LA WYERS' REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . . ., -, -I'" PAUL DlNDA and MARY DlNDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : No. 2000-1357 CNIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. ANSWER, NEW MATTER AND COUNTERCLAIM The Defendants, by and through their attorneys, Jackson, Cavanagh & Stivale, hereby plead as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part, It is admitted that Forest Acres purports to be a legal entity. It is denied that the address plead is accurate. The Defendant, Forest Acres, has an address at Suite 132, 12 Carroll Street, Westminster, Maryland 21157. 4. Denied. At all times relevant, Troy Beam represented that he acted as attorney in fact for Forest Acres solely in the sale ofthe property located at 197 Beechtree Street, Shippensburg, Cumberland County, Pennsylvania (hereafter the "Beechtree Property"). It is admitted that Troy Beam represented that his authority to act as attorney in fact was derived by written instrument. 5. Denied in part and Admitted in part. It is admitted that Forest Acres was at all times the fee owner of the Beechtree Property. It is denied that Troy Beam built the residential dwelling located on the Beechtree Property. To the contrary, a third party entity acted as the general contractor. 6. Admitted. 7. Denied. The request for a copy of the power of attorney between Troy Beam and Forest acres was not made until the Plaintiffs' title company, Secured Land Transfers, requested production of the same in Schedule B-Section II of the title report. 8. Denied a stated. The Defendants at all times stood ready, willing and able to produce the power of attorney for purposes of settlement, but did not produce the same on account of the Plaintiffs' anticipatory breach of the Agreement of Sale. Throughout October 1999, despite numerous verbal and written requests, the Plaintiffs refused to provide the Defendants, Forest Acres Trust, with reasonable assurances that they intended to settle on the property, To the contrary, the Plaintiffs on October 4, 1999, expressed their desire to breach the Agreement of Sale, and later attempted to wrongfully terminate the Agreement of Sale. 9. Denied. After reasonable investigation, the Defendants are without sufficient information to admit or deny the same, and therefore the allegation is denied. 10. Denied as stated. The "Agreement ofSa1e" a copy of which is attached hereto as Exhibit "A" incorporated a Pre-settlement Occupancy Agreement, and was later amended by a Pre-settlement Walk-through inspection agreement. 11. Denied It is denied that the time for settlement was of the essence. To the contrary, the parties specifically amended the Agreement of Sale to provide for settlement through December 31,1999, which thereafter could be extended by written agreement. Specifically, the parties in the Pre Settlement Occupancy Addendum stated: "If settlement does not occur until on or before October 31, 1999, the rent will be $1,000 for each month until December 31, 1999. At that time if agreed by both parties, the agreement could be extended." , I ~- "~ 12. Denied. 13. Denied. The Plaintiffs viewed the Beechtree Property before executing the Agreement of Sale. Only after the Plaintiffs executed the Agreement of Sale and took possession of the Beechtree Property did the Plaintiffs request that the boundaries be physically identified. By way of further response, the Beechtree Property is a part of a real estate subdivision, final plans of which are public record, recorded in the recorder of deeds office for Cumberland County, and legal description of which is likewise of public record. The named defendant, Troy Beam, at the request of Plaintiffs did attempt to locate property comer pins, and did locate no less than two of the four comer pins, 14. Denied. The driveway serving the Beechtree property does not encroach on the neighboring property. By way of further response, the plaintiffs did not ask for further verification of boundaries, and likewise, the Plaintiffs could have confirmed the property boundaries by survey. By way of further response the Agreement of Sale, paragraph 7, Inspections, provides the Plaintiffs as Buyers the right to inspect the property including survey. The Plaintiffs waived their right to survey as part of the inspection contingency; and further waived the Inspection Contingency by their failure to terminate the Agreement of Sale in writing as provided in the same Inspection paragraph. 15. Denied in part and admitted in part. It is admitted that the Plaintiffs noted seepage from the sewer later which the Defendant repaired while the Plaintiffs were occupying the property. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the remaining averments and therefore deny the same. I ..,~.., I 16. Denied. The joint in which seepage was noted, was properly repaired in a good and workmanlike manner. 17. Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the averments and therefore deny the same. It is admitted that the Plaintiffs contacted Sally J. Winder, Esquire who later acted in manner which is actionable as an intentional interference with contract and fraud. The Defendants incorporate by reference the allegations in the new Matter and Counterclaim. 18. Admitted. 19, Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief as to the truth of the averments and therefore deny the same, 20. Admitted. 21. Admitted. 22. Admitted in part and Denied in part. It is admitted that the title company listed the Trust Agreement as an exception to the policy oftitle insurance and requested that it be produced for review prior to settlement. The remaining allegation of the Plaintiffs are denied, The Defendants at all times stood ready, willing and able to produce the trust agreement for review by the title company on or before the scheduled settlement. However, the Plaintiffs with the assistance of Sally J, Winder did breach the Agreement of sale four days before the scheduled settlement of October 31, 1999; and further were in anticipatory breach of the Agreement of sale as of October 4, 1999, 23. Admitted in part and Denied in part. It is admitted that the title company listed the production of the Power of Attorney as an exception to the policy oftitle insurance and requested that it be produced for review prior to settlement. The remaining allegation of the Plaintiffs are . ' denied. The Defendants at all times stood ready, willing and able to produce the power of attorney for review by the title company. However, the Plaintiffs with the assistance of Sally J, Winder did breach the Agreement of sale four days before the scheduled settlement of October 31,1999; and further were in anticipatory breach of the Agreement of sale as of October 4,1999. 24, Admitted. However, by way of further response, the title company was under the misapprehension that the Beechtree improvements were newly constructed within four months of the proposed settlement date. To the contrary, the representative ofthe title company verbally removed such notation from the title report on discovering the improvements erected on the Beechtree Property existed in excess of one year prior to scheduled settlement. 25. Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the averments and therefore deny the same. It is however understood that Sally J. Winther did wrongfully contact the lender with direction and instruction to deny the loan as it pertained to the Beechtree Property, all in an attempt to wrongfully interfere with contractual relations. 26. Denied. Upon belief, the mortgage lender responded to misinformation provided by Sally J, Winther and the Plaintiffs and was coerced by Ms, Winther and the Plaintiffs to deny the retract the loan approval for the Beechtree Property. 27. Denied. Upon information, the letter of October 29,1999, does not accurately confirm the intent of the Mortgage Lender and was derived through fraud from the Plaintiffs and Nancy Winther. 28. Admitted, 29. Admitted. --"?r.' "- , . 30. Denied as conclusions oflaw to which no response is necessary. To the extent that a response is required, it is admitted that the Plaintiffs breached the Agreement of Sale. Forest Acres Trust, at all times stood, ready, willing and able to perform as the Seller and provide such required documentation to a title company as it should reasonably require to pass title required under the Agreement of Sale. 31. Denied, At all times, Troy Beam possessed a written power of attorney which he stood ready, willing and able to produce, but for the breach of the Plaintiffs. 32. Denied as a purposeful misstatement of verified fact. Mr. Beam at the hearing only stated that he represented himself and that he was not aware whether anyone was in attendance to represent the trust. In fact, the Court took a default judgment against Forest Acres Trust, yet continued in its session to conduct a hearing involving Mr.. Beam in his absence. 33. Denied as conclusion oflaw to which no response is required, To the contrary, the Defendants acted in good faith, ready willing and able to perform in the sale and settlement of the Beechtree Property. To the contrary, the Plaintiffs and Ms, Winder attempted to commit fraud upon the Defendants by misrepresenting the nature of title to the mortgage lender and breached the Agreement of Sale by their refusal to allow appraisers into the property as well as Ms. Winder's contriving to interfere with the contractual relations between the parties. 34. Denied. No response is required to this claim for damages. 35. Denied as a conclusion oflaw to which no response is required. WHEREFORE, the Defendants respectfully request that this Court enter judgement in their favor and against the Plaintiffs and for such additional relief as is just and reasonable. T - NEW MATTER The Defendants hereby represent as follows: 36. The responses in paragraphs one (1) through thirty five (35) are incorporated by reference. 37. The Agreement of sale, Exhibit "A", incorporated by reference the Pre-settlement Occupancy Agreement, a copy of which is attached hereto as Exhibit "A." 38. The Plaintiffs, as the Buyer, and Forest Acres Trust, as the seller, fully executed the Agreement of Sale and Occupancy Addendum on September 2, 1999. 39, On September 3, 1999, the parties performed a pre-settlement walk-through the property, From the walk through inspection, the Plaintiffs and Forest Acres Trust agreed that the Seller, Forest Acres Trust would perform all necessary repairs to the mechanical, electrical and structural elements of the property to place the same in good operational condition. 40. Pursuant to paragraph seven (7) of the Agreement of Sale, on September 9,1999, the Plaintiffs had performed a home inspection of the property. The plaintiffs thereafter, submitted to Forest Acres Trust a proposed addendum to the Agreement of Sale, which Addendum would require the Trust to perform specific and numerous repairs, exceeding $100.00 of cost, to the Beechtree Property, The addendum is attached as Exhibit "B." 41. Forest Acres Trust refused to execute the proposed Addendum, Exhibit "B" and did not respond to the Plaintiffs to either option (1) to repair as demanded; or (2) not to repair; within five (5) days of its receipt of Exhibit "B." 42. The Plaintiffs failed to terminate the Agreement of sale within five (5) days of the Seller's, Trust, not providing them an election to repair or not. Therefore, the Plaintiffs were contractually required to buy the property "as is" subject only to the agreed repairs listed under "~ T , , the home walk-through addendum of September 3, 1999. 43. The Plaintiffs waived any and all right to terminate the Agreement of Sale upon the Inspection Contingency, Paragraph 7 of the Agreement of Sale, and therefore contractually obligated to buy the Property "as is," including the property boundary as may have been disclosed by reasonable investigation, including survey, 44. The Plaintiffs made application with USAA Federal Savings Bank for a purchase money mortgage in the amount of$199,000. 45. As of September 9,1999, the Plaintiffs were approved for a purchase money mortgage in the amount of$199,000.00. 46. As of September 15, 1999, all mechanical, electrical and structural repairs that Forest Acres Trust agreed to perform pursuant to the September 3, 1999 walk-through addendum were completed in a good and workmanlike manner. 47. In or about September 1999, the Plaintiffs occupied the Beechtree Property pursuant to the Agreement of Sale, as amended, Under the Agreement of Sale the Plaintiffs were required to pay all utilities and rent on account of their occupancy of the Beechtree Property. 48. Since September 15, 1999, the Seller, Forest Acres Trust inquired ofthe Plaintiffs whether they intended to proceed to settlement on the Beechtree Property; all without response, Since September 15, 1999, the Defendants were reasonably insecure that the Plaintiffs would breach the Agreement of Sale, 49. In September 1999, the Judy Hale, Seller's agent, mailed a copy of the plot plan of the Beechtree Property to the Plaintiffs. 50. On or about September 24, 1999, the Plaintiffs refused to permit the appraiser for the mortgage lender into the Beechtree Property. The appraiser required access to value the property -:~~ I'. . ' for the grant of a purchase money mortgage. 51. On October 4, 1999, the Plaintiffs and Forest Acres Trust, through is attorney in fact, met at the office of Hale Real Estate. Mr. Jerris Collins, Plaintiffs' real estate agent, was also in attendance. 52. At the meeting on October 4, 1999, the Plaintiffs expressed their desire to breach the Agreement of Sale, In response, Troy Beam, on behalf of the Seller, informed the Plaintiffs that they would lose the deposit money should they breach the Agreement of Sale. 53. As of October 4,1999, the Defendant, Forest Trust Acres, was insecure concerning the Plaintiffs' intention to proceed to settlement and was looking to the Plaintiffs to provide reasonable assurances that they were ready, willing and able to proceed. However, through October 27,1999, the Plaintiffs and their counsel refused to provide the Defendant with any assurance of their intent to proceed under the Agreement of Sale and settle on the Beechtree Property. 53. On or about October 13, 1999, the Plaintiffs received a letter dated October 11, 1999, from Troy Beam in which Mr. beam requested the Plaintiffs to provide assurances that the Plaintiffs were intending to settle on the Beechtree Property; to which the Plaintiffs did not reply, 54. On October 26, 1999, the Plaintiffs through their agent, Jerris Collins, delivered a form of Release from Agreement of Sale. The Release was dated October 26,1999, and was delivered to the real estate agent for Forest Acres Trust. 55. The Defendant, Forest Acres Trust, refused to execute the Release provided it by the Plaintiffs. 56. Upon information and belief, Sally J. Winder acting on behalf and in concert with the Plaintiffs contacted the mortgage lender USAA Savings Bank, in an effort and with the intention of inducing the lender to improperly deny a loan to the Plaintiffs to purchase the Beechtree Property, thereby permitting the Plaintiffs to terminate the Agreement of Sale, 57. Upon information and belief, Sally J, Winder acting on behalf and in concert with the Plaintiffs intentionally provided the lender with inaccurate information concerning the status of the title of the Beechtree Property, the identity of the seller and its agent, and the ability of the seller to convey good and marketable title, all in an effort to induce the lender to improperly deny a loan to the Plaintiffs to purchase the Beechtree Property, thereby permitting the Plaintiffs to terminate the Agreement of Sale. 58, The Defendants believe and therefore aver that the actions of the Plaintiffs, in concert with their counsel, Sally J. Winther as set forth above were deliberate, outrageous, and without any regard or justification for the rights and obligations normally involved in the conveyance of real estate. 59. The Defendant at all times was ready, willing and able to convey title to the Beechtree Property in satisfaction of its obligations under the Agreement of Sale. 60. Despite demand, the Plaintiffs have refused and continue to refuse to settle upon the Beechtree Property under the Agreement of Sale. 61. The Plaintiffs' claim is precluded by their numerous and material breaches of the Agreement of Sale. 62. The Plaintiffs' claim is estopped on account of their breach of the Agreement of Sale and their attempted fraud to contrive a denial of the purchase money mortgage. WHEREFORE, the Defendants request that this Honorable Court dismiss the Complaint of the Plaintiffs and award the Defendants such other relief as it deems just and reasonable. - COUNTERCLAIM BREACH OF CONTRACT 63. The responses and allegations in paragraphs one (1) through sixty two (62) are incorporated by reference. 64. The Plaintiffs are in material breach of the Agreement of Sale upon their refusal to complete settlement and tender the purchase price to the Forest Acres Trust. 65. The Plaintiffs are in material breach of the Agreement when they and their counsel failed to cooperate with the purchase money lender in an effort, Their wrongful acts constitute a waiver of the mortgage contingency in the Agreement of Sale. 66. The Plaintiffs have failed to pay the required rent and utilities under the Agreement of Sale.; and owe Forest Acres Trust a sum not in excess of $2,000.00 for the same, 67. The Agreement of Sale, paragraph 28, the Defendants are permitted to claim the deposit monies of $5,000.00 as liquidated damages for the breach ofthe Agreement of Sale by the Plaintiffs. WHEREFORE, the Defendant, Forest Acres Trust, requests that this Honorable Court enter judgment in its favor and against the Plaintiffs in the amount of Five Thousand ($5,00.00) Dollars, including an amount which would reasonably compensate Forest Acres for rents and utilities, including such other relief as this Court deems just and reasonable. COUNTERCLAIM FRAUD 68. The responses and allegations in paragraphs one (1) through sixty seven (67) are incorporated by reference. 69. Upon information and belief, the Plaintiffs in concert with Nancy J. Winther, acted intentionally to provide the lender with inaccurate information concerning the status of the title of the Beechtree Property, the nature of the seller, and the ability of seller to covey good and marketable title, all in an effort to improperly induce the lender to deny a loan to the Plaintiffs thereby permitting the Plaintiffs to terminate the Agreement of Sale. 70, The actions ofthe Plaintiffs and Nancy Winther are without justification, 71. The Defendants believe and therefore aver that the actions of the Plaintiffs, in concert with their counsel, Sally J. Winther as set forth above are deliberate, outrageous, and without any regard or justification for the rights and obligations normally involved in the conveyance ofreal estate. 72. The actions of Plaintiffs and their counsel are an attempt to derive a contrived rejection from the bank and is therefore a fraud. WHEREFORE, the Defendant, Forest Acres Trust, requests that this Honorable Court enter judgment in its favor and against the Plaintiffs in the amount of Five Thousand ($5,00.00) Dollars for compensatory damages, together with exemplary or punitive damages and attorneys fees, and such other relief as this Court deems just and reasonable. Respectfully submitted, ----, LEE ,STIV ALE, ESQUIRE Attorney for the Defendants Jackson, Cavanagh & Stivale Mills of Victoria, Suite 103 1489 Baltimore Pike Springfield, PA 19064 Th!1 {On'll rccommelllko1ln4lp~d {or. bul nOI n:llri~cd!o U~ by, lhe I'l\emben or lIIe PcnlllylvlIIll AUOl:i~llnn nr,REALl'ORSill (PAR) - . 1.1'.'. .",,/) .PALlCENSEDBROKER .l\G'E'l\"t1!()\\.SELJ,..ER ~. V(.~.fJ..Q' u.l&),,{... SUB:g~~F~RSELLJRI.( (fl. 10.,:'1 5-1h,J ~~:";','r,,'Jl;"'i ADDRESS AGENT FOR BUYER ~(JI' Pu k... ,.1.1... _ it Po J hi) 'r i( U _ ADDRESSfC'Jf l'rf l, :::.rl'I.J,~J','~j.,.t_~I~_..J ;'1/1- ..tY"l..lt'!'/"" PH 630--:;;':'1'-1 FAX ~ ':.3 ~ S''-/. ( " -0$ PH FAX PH (047.. <.{.(" 7 -:" l<' 116 _fAX h'{7'/~k'-:2-2~ 1 2 3 ~ S i 7 i . 10 11' 12 13 " 16 16 17 18 19 20 21 22 23 24 2. 26 27 26 2. 30 31 32 33 84 " 1. [pis llIgreementl date<1 .. . . SELLER(S); ,Jrv, ;' f " i (j I~ ,\ -' ~. j ''S''f:'1I,''1C! 1 (1(, It .~ J- . is between ( I" ;:;l... ~:':'K.i.J.. ( ) '\(.i..I~ t.. I .... hereafter uSeDer:' and Add..... I BUYER(S): ')~' - . ,",'" Zip Code :::2 I \ OS 'T .', ., t:9,d..... P,(j'; 1" If:: 1011 d- ~. ". " . . ,I .p.';." ~1.1, t ::J (.A.; ! ~.P ( .L . " .; Zip Code 3 t::'~ ';::;> '-I 2. PROPERTY (1"98) SeUer hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: : ALL THAT CE~AlN lot or piece of ground with bulldlngs and improvlQJ1\ents ther~on erected, if any, known,..as: I " ., (-' .. '- -' I "'. . " ') ;;) ,,- 7 ,',. ...j , ....,.~, ('li,\l~l, 'A_,,~k,'-! ~'t..:.:r- ;......'~''-.., ..,.,..(1 ..,>!,.lJ,-f~A("''") ,du ,I ; ,- .;]" ! , .. . t ) . lnthe' '<"'~;''';, 'J,'~.A."'r" ' or o,jff r ,/../'$:'t;, ,'~'-'; II.. County or .;;;..:) .. fl.-C.L "j in the Comptonwealth of Pennsylvania, Zip Code t -i .J ~ '7 Identittcation (e.g., Tax ID#; Parcel /lj Lot, Block; Deed Book, Page, Re~o.rding Date) ,hereafter UBuyer." 3. TERMS (1-98) (A) PurchasePrice (,J~-< ,.1') JJ.". ,..A A , d \~"1./~','~I(1,,'.,...d ~A""""'f,"d- Dollars r r--tt"",- which shall he paid 10 Seller hy Buyer as follows: (8) Cash or che-ck: at signing Ihis: Agreement: \. -" .',' ......~;" (.', (e) Cash or check on or before: I (Il) (E) Cash. cashier's or certified check at time of settlement: ;'-: k'~ It. '- r.:, ('V:O. () U $ $ $ $ TOTAL $ '1 . ~. t- (F) (0) (H) ($ -'. '0, ~1 Depo'sits to be' held by Agent for Seller, unlesa otherwj'se stated her~: Written approval of Sellcr to be on or b~ore: '~;:J, _'. . 1 ",1 U " Settlement to be made on or before: (() "\ '.." ,,?, j "j .:; Conveyance from Seller will be by fee simple dee'd of ~pecial warr~nty unless otherwise stated here: (J) Payment of transfer 'taxes will be divided equally between Buyer f'qd Seller unless otherwise stated here: , ~- "N At time of settlement., the faUo\';ih.g shaH be adjusted pro-rata on ~ ~aily basis ~tween Buyer and SeHer. reimbursing where applicabl;; taxes; rents~ interest on mortgage assumptions: condominium fees ~nd homeowner association fee.~. if any; water andlor sewer rents, jf tIny, together with any other lienable municipal sCn'ice. The chargei are to be pro.-raled for the perlod(.s) covered; Seller wiU pay up tI) and including the date of set dement; Buyer wm pay for aU days following settlemenl, unless otherwise stated here; 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 5. SPECIAL CLAUSES (1'9~).. 48 (A) WSuy-er and Seller acknowledge having received 'a statement of their respective estimated Closing costs before signing this. Agreement 41 . of Sale. _' 48 (8) 19""Buyer acknowledges receipt of Seller's Property Disc[osure Statement before signing t~is Agreement, If required by law. (See 49 t'jotice, Infonnation Regarding'the Seiler's Property Disclosure Act.) 5D (C) Cd"'Buyer ack.oowi~ges receipt of the Deposit Money NClcice (for cooperath-'e sales when Agent for Seller is holding deposit mon~)') 51 before signing chls Agreement; , 52 (0) The following are a parI of IhIs Agreemenllf cheeked: " o Limitc4 Pu~l Agency Addendum (PAR Form 140) [J Settlement of Qlner Property Contingency 5~ o Sa-Ie & Settlement ofOrbernupcrty. 'j (PA?'Form 133) 55 Contingency Addendum (PAR Form 130) 0 Tran[~Qc"':1Jpi:d Property A~qendym (PAR Fonn TOP) 5& o Sale & Setdernent of Other Property Contingency go'" _~t t. ~ i (.\...f~,) u J" .X.~ (;,.a.,L i.t ;:"")~ 57 . with Righ.t to Continue Marketing Addeodum 0 -0""~.{~+C-L')' ,.L.. W (A P. r J..~r'17c,>")I,. ,.,.t.....sa ,_.. (PARFonn131) 0 ,. ' SO Ct) Su.-lI/\o f-O e....l)'I,J..{,.cLA.,: /.\ l \,;" U;)'.v '" '.'\'~ c. 5<' 6-<"!-'i~"J'. " _ '\' \ .. -' - . llLJ,.... ~t) \.1..', ,,,,I ,/'0-' fl1 o <,-;'~.J}..uJ,...{ "J...,:,;. ),~~"e~:)~,L~ .-).,c:).l L..~_L~t<.\.,.....;:,) .\>.:J.A.(~~.,...... .';.;.-f,J~.t..I,....I,-.l',~I.') , '-- ~ 62 ,.-,~.... ..}:J-Pt.,...... :.!.-v'"\.,,_,,::(...\,...:.-' /.).)l j..,..I....--:',.,.l., ,. .. 63 fi4 (~_ J 2,t~' I! ~'Ie.t ....'JO /,:~tlP1:(.t, ,'.," l;,.'\.~ .~' t "~. .' i" '/"r:"'f' .;.. i >l.,(I"i'.l,.. ,.,.) , r1. ('.1..". fi4 65 ,:J..../Lb) \,,\C:,..t..t.:,;,l..e.~'''''';{'-c O..1':;:-.l'........(.,u.~..:..-L- ..'.../_:1 ...') .f.'l:'-':'''V--_ ~<..., i...... ,.'.( ~,"-r.,o4,.~,.~_.' 65 '-C,,^ ~... . 6& :~ Buyer'l~tJalS: ~~ AIS Residential Puge J of 8' Seller Inltials~ 67 \1l Pennsylyanla Aasociation of f'OJ')-'RIGU'I'PF..NNSYI-VANL\ ASSOCIATION OF R.EALTORSIilI99!l ~~ ~ rl\A:.rr _~..fl:toIEt_.IrI~ (K) 36 37 38 39 40 41 42 43 44 4S 46 47 48 4. SO S1 St 63 54 'S 56 .7 6a 59 60 " '2 63 4. FIXTURES AND PERSONAL PROPElITY (1.98) (A) lNCLUDED in this sale and purchase pnce are all existing items p~nnanently installed in the Property, free of liens. inCluding plumb- ing; healing; Jighling fixlures (including chandeliers and ceiJjng tans); W:I!er treatment 1ystems; pool and spa. equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; an)' reml.lining heating and cooking fuels stared on the Propen)' at the time of settl~ment~ wall to wall carpeting; shades. blinds. window covering hardware; built-in air conditioners; built.in appliances; and the rangeiove~ unless otherwise stated. Als~ included: J'.'; ,J, {J J, oI..1;f.-{ .' CJ :,.1 " .~ /. J "'>~'" .I. j- (B) EXCLUDED fix.tures and items: / ~~;.;,. 1 2 3 4 S 6 7 8 . 10 11 12 13 l' IS n 11 16 10 20 " 22 23 2. 108 109 110 111 112 118 114 115' 116 117 118 119 120 (Fl. ,It is e~press1y agreed tl)at notwitl)~\""di~gJln~, otl)er provisionsof,tbis, contract, Buyer shall n9t h!: opligateq to complele we purchase of tl)e 121 Propeny descrihed herein or to incur 'lUy,penalty hy forfeitu,!, of ellJ1U'st money deposits or otl)erw\se ~.nle", Buyerba'! ~en. given, in accor- 122 dance with ".00.. !FHA. or VA (eQWre. m. _~nts. a Written. statement by the F~de.ral Housing Commi~nerl Vetetil!ls Admi_~ ~~. '~~ Endorsellll'nt,Lender settingfortil tl)e llPpntise,d value gfth~ Prop~rty of not less than $ ~:!i!j:OOl>rO() (the d:'iii'ar amo n to be 124 ~ , . inserted iSI the sales price-as stated in the Agreement). Buyer shall have.the privilege and option of proceeding with cansununation of the can- 1250 --- tract without regard to the amount of the appraised valuation. The appraised valuation is anived at to detennine the maximum mortgage the 126 Department of Housing and.Urhan Developmentwill insure, HUn dpe6 not warraot the value nor the condition of the Prop6riy: Buyer should 127 satisfy himselflherself iliat the price and condition of the Property are aCceptable. 128 WllI'Ding: Section 1010 of Title 18, lS.C.. Department of Housing and Uman Development provides, "Whoever for the purpo.s~ of, ,. influ- 129 eneing in any way the actio~ of such department. . . makes, passes, utters or publishes any statement knowing' the same to be faIse . . . shall be 130 ~ned not more than $5~OOO or imprisoned not, more tha.'1 two years, Of both." 131 (G) U.S. Department of Housing' and Urhan Development (HUD) NOTICE TO PURCHASERS: 132 THE ,lMPORTANC\,: OF A HOME INSPECTION 183 HUn does npt warrant the condition of a property. (See Notices and Information on Property Condition Inspections,) 134 (Ii) Certifi<;lllion We the und~rsigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this Contract for purchase are 135 true to the: best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac~ 136 tion is attached to this Agreement of Sal~. 137 ?; ,INSPECTIONS (1-98) 188 . (A) Seller hereby 'agrees to pennit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal .offiCials 139 and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further agrees to permit any other inspections 140 _ required by or ~royided for in th~ terms, of this Agreement. 141 , (8) B~~er reserves tlii,right to make a pre-5Fttl~fUent waik-through inspection of the Prop6ny, Buy~r's right to mak~ thi5 inspeCtion is not waived' 142 by any other pro~ision ot'this Agre~me'nL. 143 (C) S~ller will have h~ating and all utilities (incinding f\lel(s)) on for,ih~ inspections, 144 8. PROPERTY INSPECTION CONTING~Y (1.98) 145 o WANED. BUy~r unde s that Buyer has the oplion to requ~st inspections of th~ Property (see Propeny Inspection and Environmenlal 146 147 Notico~). ~Y~HIS OPTION and .groc, ,,, Iltc RELEASE set rorlll ill purugl'uph 26 or this AgIWIllCIll:.--~- ---. 147 148 Buyerlnitials: I r/V,ft , . AlS Residential Page 2 of 8 Seller Initi.Is'l--~ <-- -' 145 r- 6& ,69 70". 71 72 78 74 75 76 n 78 79 80 81 82 83 84 85 86 87 88, 89 90 91- 92 !l3 94 95 96 97 98 99 100 101 102 108 104 105 106 107 108 109 110 '{', -oj, 111 112 118 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 181 182 138 ,184 185 136 137 18a 139 140 141 142 148 144 145 146 ", rY.'lJ ~"'iIii!I~1 6: M,ORTGAGE CONTINGENCY (1,9\1).,' _ . o WANED, This sale is NUf contingent on mortgag~ financing. ,.,Ij;V""ELEQ'ED", . i ,'.", ,it ;;" . (A) This sale is conting~nt upon Buyer ohtaining mortgag~ financi(tg as follows: I, Amount of Illongage loan $ .::1 0 3 I C;,(:~ () . 0 U 2, Minimum Tenn . -::+ 0 . y~ars ~: ~::re::::rt~~e\ V f~;~~~~:~:, ~~yer agre~'to aecept the interest rate as may he committed by the mortgage lender, not to - . ' ' exceed a maximum interest rate of ;1'." " %. . ' ,.,..", , . ".", 5. " Discpunt poi~ts, loan originatioo. loan phlcelll~niand oth~r. fees charged by the \l;nder as a percentage of the mortgage loan (excluding any mortgage in.s~rance premiums 01" VA funding fee) not to exceed {) % of the mortgag~ loan. . The interest rate and fees provisions I\'!Iuire4hy Buy~r are satisfi~d if a mortgage lender makes av;tilahleto Buy~r the right to guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the lending institution and applicable laws, to contribute financially, without promise ofreimt>ursement, to: the Buyer and/or. lender to make the above terms available to Buyer. (B) Willlin 10 days of the e,"",ution of this Agreement, Buy~r shall make a completed, written mortgage application to a responsible mortgage I~nd- iog institution through the office of Agent for Buyer, if any, otherwise through the office of Subagent for Seller, if any, or Agent for Seller, if any. This A~eDt is authorized ~ communicate with the lender for, the purposes of assisting in the mortgage loan process. (C) 1. Upon receipt of a inongage 'commitment, Buyer and/or Agent wjll promptly deliver a copy of ~he conunitment to Agent for Seller, if any, otherwise to Seller. - ,_ ,':' . C 2. Mortgag~ ~ommjnllentd~te, .. S '-f' ,,:/, ? ') I I.) (" I _ .. .,;If a written, contntitment is npt received by Agent for Seller, if any, otherwis~ hy Seller, by th~ ahove date, Bpyer and Seller a~ to ~nd. the eommibnent date until Seller ter- minates this Agreement in writing. "", . 3,. ' SeU~(\@S \he option llqennina\<lt!1j.j A~ment,in writing, on Q( after lhe mortgage commitment Qate, if the mortgage commitment: a, Is not valid until the date of settlement, OR b, Is conditioned upon the sale and settlement of any other I'",perty. OR c. . ContaiDs any other condition not specified in this Agreemept, 4. In die event SeUer does not terminate this Agreement as provided: above, Buyer has the option to terminate this Agreement in writing if th~ mortgage commitment: . a. . Is not obtained hy or valid until the dateof;settierrient,'OR ' b. Is conditioned upon th~ sale and settJem"llt of any other I'rpperty which do not occur hy the date of s~ttl~m~nt, OR c, Contains any other cR~\lition not specified in'this Agreem~ptwhich Buyer is unah)~ to satisfy hy the dale of settlement. 5, If thisAgr~menti~ te~ie4,~ &I'~cified in p.ragraphs 6 (C)(2), (3) or (4), all deposit monies paid on account of purchase price shall ~ reb1~ to BUYl;:r. Buyer will ~ r~~ponsible for any premiulllS for mechanics lien in$urance andlor title search, or fee for ~ancellatian of same, if- any; AND/OR ~y premiums for flood insurance anPlbr tire insurance with extended coverage, insurance binder charges or cancellation fu~, if aoy; AND/OR ,any appraisal f~~s and charg~s Haid in advance to mortgage l~nd~r. . (D) If the mortgage lender requires repairs to the Property, Buyer will, upoIl receipt, deliver a copy of the mortgage lender's requirements to Agent 104 for Seller, if any, oth~rwise to S~ller, Seller shall, within 5 days of receipt of th~ lender's requirements, notify Buyer whether. S~ller shall make 105 the required repairs at S~J1er's expense, 106 . :' 1. .If S~ller choos~s'lci make. repairs, Buy~r shall accept the Property ""d agre~ to ili~ RELEASE set fortil in para~raph' 26 of this Agreement. 107 2. If Seller chooses not tO'make the required repairs; Buyer "will, wit)1iq'5 days, notifY Seller in '~riting of Buyer's choice to - tenninate the Agreement of Sale q~ make the required repairs at Buyer's expe~~e and 'Yith Seller's pe~ssi~n:' whic~ shall .not be unreasonably with~ held. If Seller denies Buyer pennission to make the required repail11' Buyer may, within 5 days of Seller's denial, tenninate this Agreement. If Buyer tenninates this Agreement, all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement of Sal~ will be NUll and VOID, (E) SelJerAssist, ,';;"II:,:.'j 'J',~ :'.J'''' -%,: I . o NUf APPLICABLE . . ~--APPU"'ABLE S II ~ ,.. ' . r ..... .'. ""' ..",; eershallpay: ',";'" ;:;>'<"<..-U"'_~ ~<l-.;j. . .'yP,.':J"rriii;""'d:. . 0 $ 4-<)(). 00, maximum. toward.lloi;oer's costs as permitted by the'mortgag~ lender, ., . '') ~ o ". '/. .. , FILVVA, IF APPHCABLE . . ~~~, "~""',..' r" """~"""'~'-!!1""r- <" ~ ,~" 68 69 70 71 72 73 74 75 7' 77 JS 79 ;0 81 02 B3 54 55 56 87 86 69 90 91 92 93 94 95 96 97 98 99 100 101 102 108 ~/' 149 150 151 152 153 154 155 156 157 158 158 160 161 162 163 164 165 , 166 167 168 168 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 lB6 187 188 lB8 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 20B 209 210 211 212 213 214 215 216 217 218 10. 219 220 221 222 223 224 225 226 227 228 229 230 231 232 11, 233 234 235 236 237 23B 239 240 241 242 243 244 ',145 "-rffi , . rzf ELECTED . . , 149 (A) Within ~ days afthe execution of this Agreement, Buyer: at B~ye~'s expense, may choose to have inspections and/or certifi~ations com- 150 pteted by licensed or otherwise ql,Jalified professionals (see Property Inspection and Environmental Notices). Other provisions of this 151 Agreement may provide for inspections and/or certifications that ,are not waived or altered by Buyer's election here. If Buyer is not satistied 15~ with the condition of the Property as stated in any written report, Buyer will, within the time given for completing inspections: o Option 1 1. Accept the Property with the infonnation stated in the report(s) and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 2. Terminate the Agreement of Sale in writing by notice to Agent for Seller, if any, otherwise to Seller. within the time given for inspection, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement will ~ be NULL and VOID. j4 Option 2 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 26 of this Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than $ '0.:...). ('" ),' ) 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(A) (Option 2) I, Buyer Will deliver the report(s) to Agent for SeDer, if any, otherwise to Seller, within the time given for inspection. ,,. a. Seller will, within -S....-- days of receiving the report(s)1 inform Buyer in writing of Seller's choice to: 1) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to the amount specified in paragraph 8 (A) (Option 2) 1. 2) Credit Buyer at settlement for the difference betwee'\the estimated'cost of repairing the conditions contained in the report(s) and the amount specified in paragraph 8 (A) (Option 2; 1. This option must be acceptable to the mortgage lender, if any, 3) Not make repairs and not credit Buyer at settlement fOr any defects in conditions contained in the report(s). b. If Seller chooses 10 make repairs or credit Bnyer al seUleqt~nt as specified in paragraph 8 (A) (Option 2) 2, Buyer shall accept the Property and agree to the RELEASE set forth in paragraph ~6 of this Agreement. c. If Seller chooses not to make repairs and not to credit Buyt!f at seulement, or if Seller fails to choose any option within the time given, Buyer will within -S- days: 1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR . 2) Terminate the Agreement of Sale in writing by notice fO Agent for Seller, if any, otherWise to Seller. in which. case all deposit monies paid on account of purchase price shall be retqmed promptly to Buyer and this Agreement of Sale will be NULL and YOID. . (B) Buy..... fail_ to exercise any of Buyer'. options within the time I/mits specified in this paragraph.haII constitute a WAIVER of this contingency lUld Bnyer accepts the Property and agrees to the REf-EASE .et forth in paragraph 26 of this Agreement. 9. WOOD INFESTATION CONTINGENCY (1-98) , o WAIVED. Buyer nnderstands that Buyer has the option to request that file Property be inspected for wood infestation hy a certified Pest Control Operator, BUYER WAlVES TInS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement. if ELECrED . (A) Within ~ days of the execution of this Agreement, o Buyer, at Buyer's expense. . V" Buyer, at Seller's expense, not to exceed $ 4-0. U () , shall obtain a written "Wood-Destroying Insect Infestation Inspection ~eport" from a certified Pest Control Operator and will deliver it and all supporting dOCuments and drawings provided by the Pest Cootrol Op~rator to Agent for Seller, if any, otherwise to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgijge and lending institutions, and/or Federal Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily vi~jble and accessible areas of all structures on the Property except the fol- lowing struct\U'es, which will not be inspected: ' BnY"'lnltia~ / 153 154 155 156 157 15S 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 134 165 186 187 lB8 189 190 191 192 193 194 195 196 197 19B 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 ~4S (B) If the inspectiQO reveals evidence of active infestation(s), Seller agrees, ~t Seller's expense and before settlement, to treat for active infestation(s), in accordance with applicable laws. (C) If the inspection reveals damage from active infestation(s) or previou~ lnfestation(s), Buyer, at Buyer's expense, ~ the option to obtain a writ- ten report by" professional contractor, home inspection service. or strl.lctural engineer that is limited IP structural damage to the-Property caused by wood~destl'Oying organisms and a proposal to repair the damage. B~yer will deliver the structural damage report and corrective proposal to Agent fpr Seller, if any, otherwise to Seller, within _ days of <lqlivering the original inspection repon, (D) Within 5 days of receiving the structural damage report and corrective proposal, Seller.shall advise Buyer whether Seller will repair, at Seller's expense and before settlement, any structural damage from active or p~evious inf~station(s). . (E) If Seller choo.es to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees to the RELEASE set forth in paragraph 26 of this Agreement. ' (F) If Seller chooses not ~o repair structural damage revealed by the repqIt. Buyer, within 5 days of receiving Seller's notice, will notify Seller in writing of Buyer's choice to: 1. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE set forth in para- graph 26 of this Agreement, OR 2, Make th" repairs before settlement, if required by the mortgage lepder, if any, at Buyer's expense and with Seller's permission, which shall not be unreasonably withheld, in which case Bnyer accepts the J'roperty and agrees to the RELEASE set forth in paragraph 26 of this Agreement. If Seller denies Buyer pennission to make the repair~, Buyer may, within 5 days of Seller's denial, tenninate this Agreement. If Buyer tenninates this Agreement, all deposit monies paid on ~ccount of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID, OR ' 3. Tenninate this Agreement, in which case aU deposit monies pai" on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, (G) Buyer's fail_ to exerebe any of Buyer'. options within the time limits specified in this paragraph shall constitute a WAIVER of this contiagency lUld Buyer accepts the Property and agrees to the REJ.EASE set forth in paragraph 26 of this Agreement. CEjl'I'lFICATE OF OCCUPANCY (1-98) , IWiI"'" Nor APPUCABLE o APPUCABLll (A) Buyer and Seller acknowledge that a certificate permitting occupancy of the Property may be required by the municipality andlor govern- mental authority. (B) If a certificate is required, Seller shall, at Seller's expense and within _ days of the execution of this Agreement, order the certificate for delivery to Buyer on or before settlement. (C) In the event rtpairslimprovements are required for the issuance of the certificate, Seller shall, within 5 days of Seller's receipt of the require- ments, notify Buyer of the requirements and whether Seller shall make the required repairs/improvements at Seller's expense. (D) If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to terminate the A.greement of Sale OR make the repairs/improvements at Buyer's expense and with Seller's pennission, which shall not be unrea- sonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within 5 days of Seller's denial, tenninate this Agreement. If Buyer terminates thi,. Agreement, all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID. RESIDENTlAL LEAD-BASED PAINT HAZARD REDUCTION ACT Naf!CE REQIDRED FOR PROPERTIES BUJLT BEFORE 1978 (1-98) iiI" Nor APPUCABLE o APPUCABLll (A) SeIIer ....prellOlllts that: (check I OR 2) o 1. Seller has no knowledge concerning the presence of lead-based paint andlor lead-based paint hazards in or about the Propeny, 02. Seller has knowledge of the presence of leod-hased paint .n<l/or lead-hosed paint hozards in or ahoutthe Property, (Provide the hasis for detennin,ing that lead-based paint and/or hazards exist, the location(s), the condition of the painted surfaces, and other available informa- tion coneerning Seller's knowledge of the presence of lead-bused paint andlor lead based paint hazards,) AIS Residential Page 3 of 8 ,. . f\ _ . /'V\.,kY SeUer Initials:' =:" 1l.1 ~, =~ ~, " 246 247 24ll 249 250' 1 r 251 252 253 254 255 25. 257 258. 259 260 251 262 . 'I 263 264 '. I 255 266 257 21i11 269 270 271 272 273 274 275 276 m 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 284 295 296 297 298 299 300 301 302 303 304 305 305 307 308 JIl9 310 311 312 313 314 315 315 317 318 319 320 321 322 323 324 325 326. _l!l!l!:l (B) ReconWJl..pol1s, (check I OR 2) :' 245 o I. Seller bas' no reports or records pertaining to lead-based' paint and/or lead-based paint hazards in or about the Property, 247 o 2. :Seller has provided Suyer with aU available records and reports pertaining to lead-based paint andlor lead-based paint hazards in or about 248 the Property. (List documents) 249 :1' 1: (C) Buyer's AclmowledgmOnt , 0 1. Buyet bas reCeived the pamphlet Pro;ect Your Familyfrom Lead in Your Home and has read the Lead Warning Statement contained in this Agreement (See Environmental Notices), Buy.r's luitials Date o 2. Buyer bas reviewed Seller's disclosure .of known lead-blisedpaint and/or lead"based paiot hazards; as identified in paragraph II(A) and has received the records and reports pertaining to lead-based paint and/or lead-based paint hazards ideotified in paragraph II(B), Buyer's luitials Date (0) RISK ASSESSMENTIINSPECTION. Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period of time) to conduct a risk assessment or inspection of .Jhe Property for the presence of lead-based paint and/or lead-based paint hazards. IV" WAIVED. Buyer understands that Buyer has the right to conduct a risk a~sessment or inspection of the 'Property to determine the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES<iIlJnS RIGHT and agrees to the RELEASE set forth in paragraph 26 of this Agreement. o ELECTED. 1. Buyer, at Buyer's ex:pense. chooses to obtain a risk assessment lpld/or inspection of the Property for lead-based paint and/or lead-based paint ~.. The risk as.sessment and/or. inspection shalf be cOlllpleted within _ days. of the execution of this Agreement of Sale (insen ,"10" unless l3uyer and SeHer agree to a different period Qf time). 2. Within the time set forth above for obtaining the risk ........"'.nt ancllnr inspection of the Property fnr lead.based paint ancllor lead.based paint blIzards, Buyer. may deliver to Agent for Seller, if any. otherwise .to Seller, a written list of the specific hazardous conditions cited in the report and those corrections requested by Spyer, along with a copy of the risk assessment and/or inspection repon. 3. Seller may, within __ 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 completion date for corrective measures. Seller will pro- vide certification from a risk assessor or inspector that corrective m~asures have been made satisfactorily on or before the completion date. 4, Upon receiving the corrective proposal, Buyer, within 5 days, will; a, Accept the corrective proposal and the Property in writing, aud agree to the RELEASE set forth in paragraph 26 of this Agreement, OR . ,. b. Tenninate this Agreement in writing, in which case all deposit monies paid on account of purchase price shail be returned promptly to Buyer and this Agreement of Sale will be NULL and VOlp. 5. Should Seller fail to submit a written corrective proposal within rj.e time set forth in paragraph 11(0)3 of this Agreement, then Buyer, within 5 days, will: a. Accept the Property in writing, and agree to the RELEASE 59t forth in paragraph 26 of this Agreement, OR b. Tenninate this Agreement of Sale in writing, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NUL/.. and VOID, 6. Buyer's failure to e%ercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of 28.. this contingency and Buyer accepts the Property and agrees t.; the RELEASE set forth in paragraph 26 of this Agreement. 'A '1 (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective s~tements, to the best of their knowledge. 12. RADON CONTINGENCY (1.98) . , (A) Se1]$'l"Presents that: (check appropriate response(s)) 19"1. Seller has no knowledge concemipg.the Prresem;.e or absence of radon. , 02, Seller bas knowledge that the Property was tested on the dates, by the methods (e.g" charcoal canister, alpha track, eto,), w\d with the results of all tests indicated below: DATE METHOD RESULTS (picoCuries/liter or working levels) COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement, SELLER DOES NOT WARRANT EITHER THE METlfODS OR RESULTS OF THE TESTS. 03, Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD o WAIVED. Buyer understands that Buyer has the option to request that ,he Property be inspected for radon by a cenified inspector (see Radon Notice), BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement. ~ (B) Buyer, at Buyer's expense, has the option to obtain. from a ceI1!fied in&pector, a radon test or" the Property and will deliver a copy of the test report to Agent for Seller, if any, otherwise to Seller, within ~ days of the execution of this Agreement. (See Radon Notice.) 1. If the test report reveals the presence of radon below 0.02 working !evels (4 picoCurieslliter), Buyer accepts the Propeny and agrees to the RELEASE .set forth in paragraph 26 of this Agreement. 2. If the test report reveals the presenc~ of radon at or exceeding O.O,z working levels (4 picoCuries/liter), Buyer will, within ~ days . of receipt of the test results: Optinn 1 a, Accept the Property in writing aod agree to the RELEASE set forth in paragraph 26 of this Agreement, OR b. Terminate this Agreement in writing, in which case all deposil monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR c. Submit a writtel1, corrective proposal to Agent for Seller, if any, otherwise to Seller. The corrective proposal will include. but not be limited to, the name of the certified mitigation company; provisions for payment, including retests; and completion date for correc- tive measures. I) Within 5 days of receiving the corrective proposal, Seller will: a) Agree to the tenus of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the RELEASE .set forth in paragraph 26 of this Agreement, OR b) Not agree to the terms of the corrective proposal. o .~ f~ ~. Buyerlniti -:- ~~';"~ Seller Initials: AJS Residential Page 4 of 8 ~.~ ~ ~''''''''''''~ 250 25' 252 253 254 255 256 m 258 259 260 261 262 263 254 265 256 267 268 26S 270 271 272 273 274 275 276 m 278 279 2.8 281 282 28J 2S:i 286 287 288 289 290 291 292 293 294 295 296 2S7 2S8 299 308 301 302 303 304 305 305 307 308 389 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 325 327 2). Sh~uld Seller not agree to the tenn... of the corrective ,propqsal, or fail to respond within the given time, Buyer will. withf~ 5 days, m _R . .' 329 a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 330 b) Tenninate this Agreement in writing. in which case all deposit monies paid on account of purchase price shall be returned 331 ,~ /' promptly to Buyer and this Agreement of Sale will be NULL and VOID, . 332 CY Option 2 /~ 333 .. a. ~ Property in writing and agree to the RELEASE set forth in paragraph 26 of this Agreeme!!!,.o~" , 334 b. Submit a wri~. corrective proposal to Agent for Seller, if any, otherwise 10 seuer.. The c~I1~ctive-proposal will include, but not be , 335 limited to, the n~ the certified mitigation company; provisions for payment, induding retests~ and completion date for correc- 336 ,live measures. Seller sban.~ a maximum of $ 10<)1-.1. (V) low~rd lhc.-"totall."osl of remediation and retests, which shull be 337 h/ completedhysettlement. -", .../.... 338 \ 0~) If the tolal cost of remediation arfd-<e.!ests EXCEE.PS.theamounl specified in paragraph 12(B)(Option 2) b, Seller will, within 339 \"..;'1: F.~-~ 5 days of receipt of the cost ofremedfa~:n6fify Buyer of Seller's choice to pay for the total cost of remediation and retests 340 ~. .' ~ OR nOt pay for th~ total cost of ~diation 'and-retests. 341~. '7/.'.. 2) If the Seller ChOO. ses n~!..t0""pay for the total cost ~fre~ation and.. retests, Buyer will. within 5 days of receipt of Seller's 342 ;.._ " ~ notification, not!fy.-SeUer, in writing, of Buyer's choice to: ~-'~''',",,-, 343- .' .;:.. a) PatJhe'~difference between Seller's contribution to remediatiorC an~tests and the actual cost thereof; in which case 344. . /' Buyer accepts the Property and agrees to the RELEASE set forth in paraijrap!1 26 of this Agreement, OR , 345 ~~ ....//1)) Tenninate this Agreement, in which case all deposit monies paid on account otptm;,!1ase price shall be returned prompLly 346 to Buyer and this Agreement of Sale will be NULLl,'1!Pd VOID. \ 347 (C) Buyer's failure to exercise any of Buyer's options within the time linijis specified in this pMagraph shall constitute a WAIVER of this 348 contingency and Buyer accepts the Property and agrees to the RELI;;i!>SE set forth in paragraph 26 of this Agreement. .349 13. STATUSOFWATER(l'98) : 350 (A) Seller rep~ that this property is served by: ; 351 llI-' Public Water . 30Z 0 On-site Water 353 0 Community Water 354 .1 . 0 None 355 0 355 . (8) WATER SERVICE INSPECTION CONTINGENCY 357 [;3' WANED. Buyer acknowledges that Buyer has the option to request an ipspection of the water service for the Property, BUYER WANES 358 THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of I~is Agreement. 359 . [J ELECl'ED 360 I ' L Buyer has the option, within ~ days of the execution of thil'! Agreement and at Buyer's expense, to deliver to Agent for Seller, if 361 any. otherwise to Seller. a written inspection report by a quq.l~fied. professional water testing company of the quality andlor . 362 quantity of the water service, ' 363 2. Seller agrees to locate and provide access to the on-site (or individ~i\1) water system, "if applicable, at Seller's expense. if required by the 364 inspection company. Seller also agrees to restore the Property prior tP settlement. . 365 3. If the report reveals that the water service does not meet the minimuql standards of any applicable governmental authorities and/or fails co 366 satisfy the requirements for quality andlor quantity set by the mortg~ge lender, if any, then Seller shall, within _ days of receipt of 367 the report, notify Buyer in writing of Seller's choice to: .. 368 a. Up~ the water service to the minimum acceptable levels, hefore settlement, in which case Buyer accepts the Property and agrees 369 to the RELEASE set forth in paragraph 26 of this Agreement, OR 370 b. Not upgrade the water service. 371 4, If Seller chooses not to upgrade the water service to minimwn acceptable levels. Buyer will, within _ days of Seller's notice 312 not to correct, either: 373 a, Accept the Property and the water service and, if required by the mortgage lender, if any, andlor any governmental authority, upgrade 374 the water service before settlement or within the time require~ ~y ~the mortgage lender, if any, and/or any governmental authority, at 375 Buyer's expense and with Seller's permission, which shall nof be unreasonably withheld, and agree to the RELEASE set forth in 376 paragraph 26 of. this Agreement If Seller denies Buyer permiss!pn Lo upgmd~ the water service, Buyer may, within 5 days of Seller's 377 denial, terminate this Agreement. If Buyer terminates this Agre~ment, all deposit monies paid on account of purchase price shall 00 378 returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR 379 b. Tenninate this Agreement, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer 380 and this Agreemenr of Sale will be NULL and VOID, 381 5. Buyer's failure to exercise any of Buyer's options within the thpe limits specified in this paragraph shall constitute a WAIVER of 382 this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this AgreemenL 383 14. STATUSOFSEWER(l-98).. . 364 (A) Seller repr;oents that Property is served by: 365 lll'"Public Sewer 386 0 Individual On.Iot Sewage Disposal System (See Sewage Notice 1) 387 0 Individual On-lot Sewage Disposal System in Proximity to Wetl (See Sewage Notice I; see Sewage Nmice 4, if applicable) 368 0 Community Sewage Disposal System 389 0 Ten-acre Pennit Exemption (See Sewage Notice 2) 390 0 Holding Tank (See Sewage Notice 3) 391 0 None (See Sewage Notice I) 392 0 None AvailablelPennit Limitations in Effect (See Sewage Notice 5) 393 0 394 (B) ...INDIVIDUAL ON-Lor SEWAGE DISPOSAL INSPECTION CONTINGENCY 395 l!l"'" WAIVED, Buyer acknowledges that Buyer has the option to request lUl ipdividual on-lot sewage disposal inspection of the Property. BUYER 396 WAIVES THIS OPTION and agrees to the RELEASE set forth in paragrjlph 26 of this Agreement. 397 tJ ELECfED . 398 1. Buyer has the option, within _ days of the execution of this Agreement and at Buyer's expense, to deliver to Agent for Seller, if 399 any, otherwise to Seller, a' written inspection report by a qualified, 'professional inspector of the individual on~lot sewage disposal system. 400 2. Seller agrees to locate and provide access to the individual on-lot ~wage disposal system, and, if required by the inspection company, 401 empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to settlement. 402 3. If the, report reveals defects that do not require expansion or repl~ement of the existing sewage disposal system, Seller shall, within 403 _ days of receipt of the report, notify Buyer in writing of Seller's choice to: 404 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Property and agrees to 405 the RELEASE set forth in paragraph 26 of this Agreement, OR 406 b. Not correct the defects, in which case Buyer will, within ~ days of Seller's notice not to correct the defects, either: 407 I) Accept the Property and the system and, if required by the mortgage lender, if any. and/or any governmental authority, correct 408 the defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 40Q Buyer's sole expense and with Seller's permission, which shall not be unreasonably withheld, and agree to the RELEASE set 410 forth in paragraph 26 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of 411 Seller's denial, tenninate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase 412 price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR 413 2) Tenninate this Agreement in writing, in which case aJJ deposit monies paid on account of purchase price shall be returned 414 promptly to Buyer and this Agreement of Sale will be NULL and VOID. 415 4. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within _ days 416 of receipt of the report, submit a correclive proposal to Agent fnr Buyer, if any, otherwise to Buyer, The corrective proposal will include, 417 but nol be limited. LO, the name of the remediatlun cumpany; pruVISlulIS lur PUYIIIClll, iudUl.lillg rclc!its; unJ cOllljJlctiull Jute fut' CUJlcclivc 418 measures. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the given time, Buyer 419 will: 420 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 421 set fo(!Jl.i .p.1fagraph 26 of this Agreement, OR . 422 /:~.---". ~ 413 Buyer Initials-;--- .' I'll ~ AlS Residential Pa~e 5 of K Seller Initials: c::::-:..,.,~-. 327 328 329 330 331 332 333 334 335 336 337 336 339 34~ 3c41 342 W 344 345- 34(/ 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 314 375 376 377 376 379 380 361 382 383 364 365 366 387 386 3s9 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 411 418 419 420 421 422 423 ,-- ~ A2_5 426 427 428 429 430 431 432 433 15. 434 435 438 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 16- 457 458 459 460 461 462 463 464 465 466 467 468 ,469 b. A~cept the Property-and the system and. if required by the mortgage lender, if any, and/or any governmental authority, correct the , defects before settlement or within the time required 'by 'the niortgage lender, if any. and/or any governmental ul1thority. at Buyer's sole expense and with Seller's permission, which shall nol be unreasonably withheld. and agree to the RELEASE set fOrlh in pura~ graph 26 of this Agreement. If Seller denies Buyer permission to correct the defects, all deposit monies paid on account of purchase .'.' i price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR c. Tenninate this Agreernent in writing, in which case aU deposit monies paid on account of purchase price shall be returned promptly:,;'!.. to Buyer and this Agreement of Sale will be NULL and YOID, 5. Buyer's failure to exercise any of Buyer's options within the time limits specitied in this paragraph shall constitute a WAIVER of -l) 1 this eontingeney and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of lhis Agreement. NOTICES & ASSESSMENTS (1-98) (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or tire ordinances which remain uncorrected, and that Seller knows of no condition that would constitute vi9lation .of any such ordinances which remains uncorrected, unless otherwise specified here: --J-! <l t 1!.-:.,1 J-., i_I,)- '; , (B) Seller knows of no other potential notices and assessments except as tallows: 470 471 472 473 474 475 476 477 478 479 460 481 482 483 484 485 486 487 <Ill8 489 490 491 492 493 494 495 496 497 498 499 500 501 562 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 . (C) In the event notices and assessments are received after execution of this Agreement and before settlement, Seller will notify Buyer in writing, within 5 days of receiving the notice or assessment, that Seller shall: 1. Comply with notices and assessments at Seller's expense, in whic~ ~,ase Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement. OR ' 2. Nor comply with notices and assessments at SeHer's expense, it1~ which case Buyer will notify Seller within 5 days in writing that Buyer shall: a. Comply with the notices and assessments at Buyer's expense a~~ agree 10 the RELEASE set forth in paragraph 26 of this Agreemen~ OR b. Terminate this Agreement, in which case all deposit monies p~id on account of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and YOID_ If Buyer fails to notify SeUer within the given time, Buyer aceep~ the Properly and agrees to the RELEASE set forth in paragraph 26 of this Agreement Buyer is advised that access to a pUblic road may require issuance of a ~i~hway occupancy permit from the Department of Transportation. If required by law, Seller shall deliver to Agent for Buyer, if any, otherwj~e to Buyer, on or before settlement, a certification from the appropri. ate municipal department or departments disclosing notice of any uncOrfl,'l:~ted violation of zoning, housing, building, safety or Hre ordinances. 455 TITLE, SURVEYS, AND COSTS (1-98) (A) The Property is to be conveyed free and clear of all liens, encumbrance!$, and easements, EXCEPTING HOWEVER the foHowing: existing deed restrictions, building restrictions, ordinances, easements of roads, eqsements visible upon the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above dl':scribl':d real estate shall be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. (B) In the event SeHer 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 specified in paragraph 16(A), Buyer shall have the option of taking SllC~ title as SeBer can give without changing the price or of being repaid .,(' all monies paid by Buyer to Seller on account of purchase price and SelleC:lihall reimburse Buyer for any costs incurred by Buyer for those items .ILJ specified in paragraph 16(C) and in paragraph 16(D) ilems (I). (2), (3); aqd in the lalter evenl there shall he no further Iiahility or ohligalion on "., either of the parties hereto and this Agreement shall become NULL and VOID_ (C) Any surveyor surveys which may be required by the Title Insurance COfnpany or the abstracting auorney, for the preparation of an adequate ,~liJ legal description of the Property (or the correction thereof), shall be secu~d and paid for by Seller. However, any surveyor surveys desir~d by Vi ~ Buyer or required hy the mongage lender shall be secured and paid for by Buyer_ (0) Buyer shall pay for the following: (l}The-premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; (2) The premiullls for 11000 insurance and/or fire insurance with extenueJ coverage, insurance bi,nder charges or cancellation fee, if any; .liQ (3) Appraisal fees and charges paid in advance to mortgage lender, if allY: (4) Buyer's customary settlement costs and accruals. 17. ZONlNG CLASSIFICATION (1-98) Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividable} is 473 zoned solely orprimarily-4P permit single-family dwellings) shall render t~is Agreement voidable at the option of the Buyer, and, if voided, any 474 deposits tendered by t~uyer shall be re rned to e Buyer without any requirement for court action. Zoning Classification: ._,.-'.,. \. . ,.., , o ELECfED. Within _ days of the execution of this Agree"1ent, Buyer will verify that the existing use of the Property as , is permitted. In tbe ~event the use is not penniued, Buyer will, within the time given for verilkatioo, notify Agent for Se1Jer, if any~ otherwise Se1Jer, in writing th~t the existing use of the Pro~rty is not permillt:d and this Agr~emem will be NULL and VOID, in which case all depOsit monies paid on acco~qt of purchase price shall be returned promptly to Buyer. Buyer's rail~ ure to respond within the given time shall constitute a WAIVER of thi~ contingency and all other terms of this Agreement of Sale remain 4:il in fnII force and effect. 18. CO~ NOTICE 'I\V' Nor APPLICABLE o APPLICABLE THIs DOCUMENT MAY Nor SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TI'll+ TO THE COAL AND RlillITS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THB OWNER OR OWNERS OF SUCH COAl- friAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THB LAND AND A'~Y HOUSE, BUILDING OR ornER STRUcruRE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of July 17, 1~57, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, 4.nd that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic ,nlerests in the coal. This acknowledgment is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsi~erce and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the aforesaid provision. 19. ~OSSESSION (1.98) (A) Possession is to he delivered by deed, keys and: 1. Physical possession to a vacant building (if any) broom clean, free of debris at day and time of senlement, AND/OR 4913 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is tenant occupied at the -197 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at -lS3 time of signing of this Agreement of Sale, if Property is tenant occupied. (8) Seller shall not enter into any new leases, written extension of existing leases, if any, or addilionalleases for the Property wilhom expressed SuU written consent of Buyer. 20, RECORDING (3-85) This Agreement shall not be recorded in the Oftice for the Recording of Deeds or in any other office or place of public record 502 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 21, ASSIGNMENT (3-85) This Agreement shall be binding upon the parties, their respective heirs, personal representatives, guardians and succeS!j:ors. and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer shall not transfer or assign this 5C5 Agreement without the written consent of Seller. 22, DEPOSIT AND RECOVERY FUND (1.98) (A) Deposits paid by Buyer within 30 days of settlement shall be by cashier's or certified check. Deposits, regardless of the form of payment and the person designated as payee. shall be paid to Agent identified in paragraph 3(F), who shall retain them in an escrow account unlil consum- mation or termination of this Agreement in conformity with all applicable laws and regulations. Agent may hold any uncashed check tendered as deposit pending the acceptance of this offer. (B) In the event of a dispute 'over entitlement to deposit monies, the Agent holding the deposit is required by the Rules and Regulations of the State Real ESlUle Commission (49 Po, Code ~35J27) to relain the monies in escrow lInlillhe dispule is resolved, In lhe event of litigation for the return of deposit monies, Agent shall disU.tbute the mUlltes as diret.:lcd by a final urdcr 01' cuurL Of the wl;LlclI AgrcclllclIt oj Lhe pal Lic.l;. UUYCJ j Iii and Seller agree that, in the event any Agent herein is joined in 1i~gation for the return of deposit monies, the attorneys' fees and costs of the Agent(s) will he paid hy the pany joining the Agent. (D) (E) a Buyer InitiaiSiY~/l&--- Seller Initials: '-- ....- AlS Residential Pa~e 6 of 8 - ~- c ~~I ~lJl ,........., ~~ '-:! '-ie'J :1Jl.J :l')2 -;13 434 435 -l3li 437 438 m 440 441 442 443 444 445 446 447 448 449 450 ~:il '52 453 451 456 4~7 458 .I:g 460 -*Ci '1[j ~l':; .WJ 471 .J72 -17'.. 4:6 477 473 -l7g 480 482 483 484 465 485 437 <lilS 4;;9 -l-~'O 491 4g2 493 494 495 .;'j!! S!!1 5D3 5J4 506 507 508 509 510 511 512 513 515 516 517 518 519 520 577 570 57\ 580 581 582 583 58' 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 803 604 605 606 607 608 609 610 fill 612 613 614 615 616 617 " I(C} A Real Estate Recovery Fund exists to. reimburse any persons who have obtained a final civil judgment against a Pennsylvania Teal estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgttlent after exhaust- ing '!Illegal and equitable remedies, Fnr complete details about the Fund, cull (717) 783-3658, or (800) 882-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 23. CO}ll>OMlNIUM RESALE ACT NOnCE (8-95) o ISl'" Nor APPUCABLE o APPUCABLE . (A) Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' association. (B) ~3407 of the Unifonn Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of the condo- minium declaration (other than plats and plans), the bylaws,. and the rules and regulations of the association. (C) Within _ days of the execution of this Agreement, Seller shall 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. (0) 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 infonnation provided by the association and included in the Certificate. (E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the Certificate of Resale and for 5 days thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be returned to Buyer. 24. ~~~~~~TY ~~~~~~~\A!~~CI~~I~N~ ~~I~j~~RP~RPOS~~)OF!~~L~ ONLY (1.97) o APPUCABLE' ;:; . I ;. (A) Buyer acknowledges that the Property is part of a planned community as \defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice for the definition contained in the Act). ' " (B) ~5407(a) of the Act requires Seller to furnish Buyer with a copy of the D~claration (other than plats and plans), the bylaws, the rules and regu- lations of the association, and a Certificate containing the provisions set frirth in ~5407(a) of the Act. (C) Within _ days of the execution of this agreement, Seller shall subqt\t a request to the association for a Certificate and the documents nec- essary to enable Seller to comply with the Act. The Act provides that the@ssociation is required to provide these documents within 10 days of Seller's request. 0 (D) Under the Act, Seller is. not liable to Buyer for the failure or delay of the a$sociation to provide the Certificate in a timely manner, nor is Seller liable to Buyer for any erroneous information provided by the Associatioq' and included in the Certificate. (E) Buyer may declare the Agreement of Sale 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 the Agre~ment void must be in writing; thereafter all deposit monies shall be returned to Buyer. 25. MAlNTENANCEAND RISK OF LOSS (1-98) (A) Seller shall maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, nonnal 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- tern or appliance (this option must be acceptable to the mortgage lellder, if any). In each case, Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement. 2. M~e no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system or appliance, in which ca:l~ Buyer wHl nuLify Seller jn writing within 5 days or before sctUcment, whichever is sooner. that Buyer shall: a, Accept the Property and agree to the RELEASE set forth in paragraph 26 of this Agreement. OR b. Tenninate this Agreement, in which case all deposit monies pu,d on account of purchase price shall be remmed promplly to Buyer and this Agreement oJ'Sale will be NULL and VOID. . (C) Seller shall bear risk of Joss from fire or other casualties until time of settl~ment.ln the event of damilge.,by fire or oilier casualties to any prop~ erty included in this sale that is not repaired or replaced prior to settlement, Buyer shall have the 'option of rescinding this Agreement and promptly receiving all monies paid on account of.purchase price or of ac~epling the Property in its then condition together Wilh the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby notified t~at Buyer may insure Buyer's equitable interest in this Property as of 570 the time of execution of this Agreement. \ '\ ! " 571 Buyer's failure to exercise any of Buyer's options within the lime limits sPl"'ilied in this paragraph s!JaB constllute a WAIVER of this con- 512 lingency and Buyer accepts the Property and agrees tn the RELEASE set forth in pa....graph 26 nf this Agreement. 26. RELEASE (7-96) - Buyer herehy releases. quit claims and fnrever discl.arges SELLER, ALL AGENTS, their SUBAGENTS, EMPLOY. 57' EES, and any OFFICER nr PARTNER of any nne nf them and any other PERSON. FIRM, or CORPORATION who may be liable by nr 575 through them, from any and all claims, losses or demands, including, but Jlot limited to, personal injuries and property damage and all of 576 the consequtnces thereof, whether now known or not, which may arise f..qm th~ presence of' termites or other wood-boring insects, radon, 577 lead..based paint hazards, environmental hazards, any defects in the ind;vidual on..lot sewage disposal system or deficiencies in the on"site water service system, or any defects or conditions on the Property. This release shall survive settlement. 27. REPRESENTATIONS (1-98) ,ao (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Agents 581 or their employees are not a part of this Agreement, unless expressly incorporated or stated in this Agreement. 582 (B) It is understood that Buyer has inspected the Property before signing (his Agreement of Sale (including fixtures and any personal prop- 5S~ erty sptcifically scheduled herein), or has waived the right to do sci, and has agreed to purchase it in its present condition unless 5B~ otherwise stated in this Agreement. Buyer acknowledges that the Agepts haYe not made an independent examination or determination :'05 of the structural soundness of the Property, the age or condition of' t~e components, environmental conditions, the permitted uses, or :2G of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems SS7 contained therein. (C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other tenns, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthennore, this Agreement shall not be altered, amended, changed, or modified except in writing executed by the parties. (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 28. DEFAULT-TIME OF THE ESSENCE (1.98) The said time for settlement Wld all other times referred to for the perfonnance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. For the purposes of this Agreement. number of days shall be counted from the date of execution, by excluding the day this Agreement was executed and including the last day of the time period: Should Buyer: (A) Fail to rnake any additional payments as specified in paragraph 3; OR (B) Furnish false or incomplete infonnation to Seller, Agent for Seller, Agent for Buyer, or the mortgage lender, if any, concerning Buyer's legal or financial status, 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 mortgage loan commitment; OR (C) Violate or fail to fulfill and perfoon any other tenns or conditions of this Agreement; then in such case, Seller shall have the option of retaining all deposit monies and other sums paid by Buyer on account of purchase price, wholllr required by this Agreement or no~ only as elected below: (Check only one) if As liquidated damages. In this event Buyer and Seller shall be released from further liability or obligation and this Agreement shall be NULL and YOID. o On account of purchase price, or as monies to be applied to Seller's damages, or as liquidated damages for such breach, as Seller may elect. In the event of liquidated damages, Buyer and Seller shall be released from further liability or obligation and this Agreement shall be NULL and YOID, 29. AGENT(S) (1-98) It is expressly understood and agreed between the parties that the named Agent for Seller, any Subagents, their salespeople, employees, officers {and/or pnrtners, jlre Agent(s) for Seller, and that the named Agent for the Buyer, their salespeople, employees, officers and/or parmers, are Agenl(s) for Buyer. If lhere is no Agent for Huyer, AgenL ful' Sellel or Subagellt fur Seller lIIay perrOl'1JI !1crvicc,"J for Huyet ill CllJlIICC- tion with financing, insurance and document preparation, with written disclosure to Buyer and Seller. 521 522 523 . 524 . 526 626 527 528 . 529 . 530 531 532 533 534 535 536 537 638 539 540 541 542 543 544 545 546 . 547 . 548 549 550 561 . .662 563 554 555 566 567 558 669 560 561 562 563 564 565 5bl.i 567 568 569 570 571 572 573 57. 575 576 .' ,i" ..;~'? 1 .. -..::: ' "'/ " '1'1':'-- Buyer Initillls: .'0/ I f~) A1S Residential Page 7 nf 8 Seller Initials:C'~l o-'-;"} rc "'- 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 54' 545 546 547 548 649 550 '" 552 553 554 555 556 557 568 559 560 5fil 562 563 564 565 56G 567 568 569 513 570 '::;'9 58, 589 5\0 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 &11 612 613 614 615 616 617 618 > 311., MJ;:DlATlON (7.96) . 619 0 NOT AVAlLABbE 620 0 WAIVED. Buyer and Seller un~tand Ula.,t,th~y may choos~ to mediate at a larer date, should a dispute arise, but tha_t there will be no oblig- :~.,,~~~.~arIOfanY,~~YI~,~O,SO.," .............. " '. ..... . ..... '.'.. . ... . ...... . ... 623 .., (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreementof Sale through mediation. in accordance with tlu: 624 Rules and Procedures of the Home SellersIHome Buyers Dispute Resolution System. Any agreement reached through a mediation conference 625 and signed hy the parties will be binding. 626 (B) Buyer and Seller acknowledge that they have received. read. aod understand the Rules and Procedures of the Home SellersIHome Buyers 627 . Dispute Resolutioo System. (See Mediation Notice,) . 628 (C) This agreement to mediate disputes arising from this Agreement shall survive settlement. 629 630 Buy.r and S.U.r acknowledge that th.y have read and und.rstand the notices and .xplanatory information regarding property condition inspec. 631 tions set forth on the back of this.form. 632 633 634 635 636 837 638 63B 640 641 642 Seller hereby approve.' thC aboveconlract this Ii43 644 645 640, 647 648 649 650 651 652 653 654 655 656 &57 Bu)'er'slniliflls 658 65B 660 Buyer'shU~ 661 662 663 Buyer'slnitiuls 664 665 666 BlI)'cr'sln~" 667, r 668 66B 670 671' 6n';:"&F-':1oiUals ,.-' . ;I~f :::~,. ,~... .. &73 .".:,. 674 Seller's Ac....owledl\lllODt 615 Seller acknowledges receipt of a separate Buyer's services agreement with Agent for Seller or Subagent for Seller. ' 676 SeUer'slnitials 677 678 619 680' 681 682 683 6114 685 686 687. 688 68B 6BO 6Bl 692 681 6B4 . 695 696 6B7 6iB 699 700 701 702 703 704 705 706 707 708 70B no 711 " NOTICE TO PAR:rlES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. R.turn by fa<simile traosmisIiion (FAX) of this Agreem.nt of Sale. lUId aU addenda. bearing the signatures of aU parties. constitutes acceptance of this Agreement. Parties to this transaction _..-2.....u~....._...,.........~advic.. -;:?" ..~ / J" ~.. ...? / I "l .,..--, "," . WITNJlSS. Qt--J..;/ BUYER ~~ ,," '..' . . WITNESS ~l;:/: ~v; BUYEJF<~fJ7/f~~~_. WITNF.<tQ .. BUYER '.,.' ."i"-~'-"1...~' i. ~. A~ DATE ~I DATE'-' C ",. DATE LLER ,'::':,/ ~1~..24., SELLER ~ ::.::. SELLER (., .. Services to Buyer In conjunction with this Agreement of Sale. by init4ling below. Buyer authorizes Subagent for Seller. if any. or Agent for Seller to perfonnthe following services 00 Buyer's behalf: Order Title Insurance from l!IlY reputable Title Insurance Complll1Y. Order Homeowner's Insurance with coverage in the amount of $ ':'!,'" Order Fire & Extended Coverage Insurance with Coverage in the llfJloQnt of $ "',-j'} ....,1 t ',,"., Order Flood Insurance with coverage in the amount of $ ." "'..'...." """ uy~r;sserv;c~s':V:.,.1.?()>1J?:uji/!iL" 9r ....." "-,./ < . ,;1,1 ,'~'.' Fee: $ 11;'(lq'''' ',." " . .,',.;.,-" " . '.' .,; ~ 'i"!" . <..'j'\" ;' rl"" ,. '.1,,;" ,,:. ;1,',": ''\., .' , 'j'l. "j' ,';,' 1'1,,,.: .", i]" "":;: :,,\ ,,",,'. i',J, ;.:." ,; ~'~Agept'~~l;llti~,(~aUtbl!t'M"'!'PpliClll>le):.... .... .... ....,... .,. '..'.. . ... o Regarding Lead~Based ""'int Halards iliscloSure: R"'lwred if ProPl'rty was built b.fore 1978: The unpe~igned Agents involved in this transaction, on behillf of themselves and their brokers, certify that their ~tatements are true to the best of their knowledge and belief, Agents' Atknowledgment: The Agents involved in this transaction have informed Seller of Seller's obligations under The Residential Lead Paint Hazatd Reduction Act. 42 U,S.C. 4852(d). and are aware of their reSpOnsibility to ensure compliance, o Regarding FHA Mortgages: The undersigned Agents involved in this n-ansaction. on behalf of themselves and their brokers. certify that the tenns of this conlract for purchase are true to the best of their knowledg~ and belief. and that any other agreement .ntered into hy any of these parties in connection with this transaction is attached to this Agreement pf Sale. 4V"'Rew<Jinll Mediation: Th;.wndersigned r ., V Agent fpr Seller ~g.nt fOl' Buyer 0 Subagent for Seller on behalf of themselves and their brokers, agree to submit to mediation in accordance with paragraph 30 of this Agreement. . ,r' , AGENT FOR SELLER ,eoii\Pii.Py Name) ACCEPTED BY ( /-" (s" 0 I'D r or Salesperson) , DATE AGENT FOR BUYER (Co ACCEPTED BY . (Sil!' ~,...", ~~ Buyer Ini,-;:'~/"l~--' A/S R.sidentiul Pug. 8 .f 8 SeD.r Inlt1als: C ~-..::> 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 S38 639 640 641 . 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 .r 665 666 667 668 669 "", . 670 611 672 673 674 , 675 676 .. in 678 67B 660 681 662 683 684 665 686 687 686 689 690 691 592 681 694 695 696 697 698 699 700 701 702 703 704 705 m 707 7lNl 70B 710 711 PRE- SETTLEMENT OCCUPANCY AGREEMENT f , TIllS AGREEMENT is made and entered into by and between Paul Dinda and Mary Dinda hereinafter called the Buyers, and Forest Acres Trust, Troy Beam, POA, hereinafter called the Sellers. WHEREAS, the Sellers and the Buyers have entered into a written contract dated September 2, 1999, for the purchase of 197 Beech Tree Street, Buyers are desirous of taking, and the Sellers are willing to allow possession of a portion of said property, prior to the date of settlement, with occupancy beginning September 3, 1999. NOW THEREFORE, in consideration of the mutual promise herein contained and other valuable consideration, $750.00 herein set forth, it is mutually agreed and covenanted as follows: The $750.00 will be reimbursed to Buyers if settlement is before September 30, 1999 or the $750.00 will be appli~ to October's rent. If settlement does not occur until on or before October 31, 199~ t e r~ will be $1,000.00 for eac~2~O~t~b~~~ . 3;99:; ~, ~ti:P? a :7d~-dH~ ~./ ~,(J;U1 ~ I.The Sellers will permit the Buyers to occupy property and land located at 197 Beech Tree Street, and the Buyers agree to occupy said property limited strictly to the terms and conditions mentioned herein, au will not make any changes other than those listed herein to the property or building until they secure title to said premises. 2.lt is understood by and between the parties hereto that this Agreement is not a lease and conveys no interest of any kind whatsoever in the aforementioned premises other than a mere license to reasonably use and occupy the same under the terms and conditions herein set forth. 3.The Buyers shall pay from apd after the date of this Agreement all electric bills for the property, as rent until settlement. 4.Buyers acknowledge that they have fully inspected the premises to be occupied by them, including but not limited to all appliances, plumbing, wiring, and heating system, and accept same is its present "as is" condition, as though settlement were actually taking place. ~'3l7N99 5 Buyers agree that on or before Augu"l5, 1999, they will complete settlement incident hereto. 6. When settlement of property is ready at the office of the title attorney, both parties hereto agree to make settlement in accordance with the terms of the aforementioned "~ . r." , contract. The Buyers agree to do any and all things, to pay such sums and to sign such papers as will be necessary for the proper settlement of the premises. , 7. The Buyers further agree that in the event they fail or refuse to perform pursuant to the terms of the purchase contract and this pre-settlement,. they will forthwith surrender their possession of said property, without any notice to quit, all notice to quit required by law hereby expressly waived, and the Sellers shall be entitled to proceed to recover possession thereof in summary proceedings. 8.Buyers agree that in the event of their failure to complete settlement and consequent surrender of possession as above provided, all repairs rendered necessary by their occupancy, ordinary wear and tear expected, shall be paid for by Buyers, and Buyers shall not be entitled to any reimbursement for the cost of any improvement to the occupied premises. 9.During the continuation of this Agreement, Buyers agree to maintain .. the occupied premises in good condition, free of trash and debris, and to abide by all regulations of the Sellers relative to the occupancy thereof. 10. Buyers covenant and agree that they will not assign their rights under this agreement without the written consent of the Sellers. 11. The provisions of the aforementioned contract shall remain in full force and effect except those provisions which are amended or superseded by this Agreement. 12. The Sellers assume no responsibility for household contents or other contents placed in property prior to final settlement. /~~tZ Z {;jl 'i'/z/"l. - ~ ~~~lleS:A . Date_ ~~ ~n{//7 J1J~~fJ~ l}:jc;q Buyer Date I ~ PRE-SETTLEMENT WALK-THROUGH INSPECTION DATE OF SALES AGREEMENT: ~ ,19 q ~ RE: PROPERTY' I CJ'1 ~ ~ SELLER(S~ ^ ~ if (1,t.J.o.Ld J>>~R(S): ~ t'h aAC~ ~~.~~ ?;~ The undersigned Buyer(s) have completely inspected the ~ 3 ,j9ti, accompanied by satisfi . on that the property was in substantially the "ame of Sale, have determined to their clition as it was at the time of execution of the Agreement The Buyer(s) acknowledge that all non-real estate extras as outlined in the Agreement of Sale were on the premises at the time of inspection and all fixtures were in place and functioning. The following items were noted as NOT being in satisfactory condition but were accepted in liAS 1311 condition. (Indicate if "'NONE.) The Buyer(s) have received copies of all required certifications and inspections and understand that. non warranties are included unless specifically indicated on the written report. All tenns and conditions in the Agreement of Sale have been satisfactorily met. B uyer(s) warrants that they are not relying upon any representation made by Seller, Agent or Broker, and hereby releases, quit claims. and forever discharges. Seller(s), Seller(s)' Agents, Subagents. employees, and any officer Or partner or anyone of them and any other person, finn, or corporation. who may be liable by or through them from any and all c1aims.losses, or demands, including personal injuries, and all of the consequences thereof, where now known or not, whie ay arise due to the condition of the subject p~ . ?u ),4 ~~ Buyer:" / //.-~ Date: q - ~ -97' Date: 7 -;$ -11 Wit ~ Buye have been advised of the results of Buyer(s) inspection and agree to exceptions or resolutions noted herein, Witness: Seller: Date: Seller: Date: Witness: Seiler's forwarding address: New Telephone Number: INSPECTION WAIVER [Complete this section O?\'L Y if inspection is waived by the Purchaser(s)] I (We), the undersigned Buyer(s) of the above-captioned property, have been advised of our right to a pre-settlement inspection. We hereby decline and waive our right to such inspection and the benefits thereof and hereby release, quit claim, and forever discharge, Seller(s) Seller(s)' Agents, Subagents, employees, and any officer or partner or anyone of them and any other person, firm, or corporation, who roay be liable by or through them, from inv and ' losses, or demands, including personai injuries, and all of the consequences thereof, where n - EXHIBIT may arise due to the condition of the subject property. - Witness: Buyer: Date i " b Witness: Buyer: Date - Rev, 11198 VERIFICATION The party involved is outside the Commonwealth and the verification of the same could not be obtained within the time allowed for filing the pleading. A facsimile copy of said verification is attached. In absence of the original verification which will later be substituted, I, Lee A. Stivale, Esquire, hereby verify that the statements set forth in this Answer, New matter imd Counterclaim, are true and correct to the best of my knowledge, information, and belief. I make the statements therein subject to 18 Pa. C.S. 4904 regarding unsworn falsification. relating thereto. Date: 5/-;1 (JD :',~ ,~ ", r · ~ROM : ACE ~ ,,,. 1..>000. """ . JACKSON CAVANAGH.& 'SHVAtE.P. C. MAY. 5.2000 10:25AM P 1 No.465'7 p'; 2 VERIFICATION 1, Andrew C. Earp, heroby verity that the statements set forth in this AnsWer. New Matter and Counterclaim, are true and eotirect to the best of my lmowledge, information, and belief. Imw the statements therein subject to 18 Pa. C,S. 4904 regarding unsworn falsification to authorities and the penalties'relating thereto. Date: ~~LJ~~ An4rew C. Earp, Trustee . ""'-~~ - ~ . ,.0 ". CERTIFICATE OF SERVICE I, Lee A. Stivale, Esquire, Attorney for the Plaintiff, hereby certify that this 5th day of May 2000, a true and correct copy of the attached Answer, New Matter and Counterclaim was served upon the following by regular mail: Date: May S, 2000 Sally J. Winder, Esquire 701 E. King Street ~~ ( .. Lee A. Stivale, Esquire ::-, . , , . pAUL DINDA and MARY DINDA, his wife Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION -LAW : NO. 2000 -1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS' NEW MATTER Plaintiffs, Paul Dinda and Mary Dinda, by their undersigned attorney, preliminarily object to defendants' new matter pursuant to Pa. RC.P. 1028(a)(3) as follows: PRELIMINARY OBJECTION RAISING INSUFFICIENT SPECIFICITY OF DEFENDANTS' NEW MATTER 1. Paragraphs 56, 57 and 58 of defendants' new matter allege that plaintiffs' attorney, Sally 1. Winder, acting in concert with plaintiffs. engaged in fraudulent conduct in order to induce the proposed mortgage lender to improperly deny a loan commitment to plaintiffs, thereby permitting plaintiffs to terminate their agreement of sale with defendant Forest Acres Trust. 2. Pa. R C. P. 1019(b) requires that averments of fraud or mistake must be particular. 3. The afon;mentioned paragraphs 56, 57 and 58 fail to state in any respect the specific conduct of plaintiffs and plaintiffs' attorney which comprised their fraud on the defendants. 4. The aforementioned paragraphs 56, 57 and 58 fail to state in any respect the specific inaccurate information which plaintiffs and plaintiffs' attorney provided to the proposed mortgage lender in order to induce the lender to improperly deny a loan commitment to plaintiffs. 5. The aforementioned paragraphs 56, 57 and 58 lack sufficient specificity to apprise plaintiffs of the issues of fraud and misinformation to be litigated, to allow them to adequately prepare and assert defenses to defendants' allegations. WHEREFORE, plaintiffs respectfully request this Court order defendants to more ;,'C'"'!' 'I -" , . , . specifically plead the averments of paragraphs 56, 57 and 58 oftheir new matter. PLAINTIFFS' PRELIMINARY OBJECTIONS TO DEFENDANTS'COUNTERCLA~ Plaintiffs, Paul Dinda and Mary Dinda, by their undersigned attorney preliminarily objects to defendants' counterclaim pursuant to Pa. R.C.P, I028(a)( 4) and Pa. RC.P. I 028( a)(3), as follows: DEMURRER TO DEFENDANTS' COUNTERCLA~ (COUNT ENTITLED "FRAUD") 6. Derendants' counterclaim has two counts, the second of which is entitled "fraud". 7. This "fraud" count alleges that various actions of plaintiffs and their attorney were unjustified, deliberate, outrageous, and amounted to fraud on the defendants, for which actions defendants should be compensated in damages. 8. Pa. R. C. P. IOI9(b) requires that averments of fraud or mistake must be particular. 9. Defendants have failed in this "fraud" count of the counterclaim to specifically plead any of the statements, circumstances and conduct constituting the fraud. 10. Defendants' "fraud" count of the counterclaim is legally insufficient and should be dismissed. WHEREFORE, plaintiffs respectfully request this Court sustain plaintiffs' preliminary objection by way of demurrer and dismiss the "fraud" count of defendants' counterclaim. PREL~INARY OBJECTION RAISING INSUFFICIENT SPECIFICITY OF DEFENDANTS' COUNTERCLAIM (COUNT ENTITLED "BREACH OF CONTRACT") 11. Defendants' counterclaim count entitled "breach of contract" incorporates paragraphs 56, 57 and 58 of defendants' new matter by reference. 12. Plaintiffs incorporate herein by reference the averments of paragraphs I through 5 ofthese preliminary objections. 13. Paragraph 66 of the "breach of contract" count of the counterclaim avers that plaintiffs and their counsel committed or engaged in certain wrongful acts which constituted a waiver of the mortgage contingency in the agreement of sale. -'-~ . I '. , ~ . . . . 14. Although couched in language averring breach of contract, defendants' averments generally say that plaintiffi; and their counsel engaged in fraudulent conduct. IS. Pa. R.C.P. IOI9(b) requires that averments of fraud must be particular. 15. Defendants fuil to state in any respect the specific acts which were wrongful and constituting fraud on the part of plaintiffi; and their counsel. 16. Defendants' "breach of contract" count of the counterclaim lacks sufficient specificity to apprise plaintiffi; of the issues to be litigated, to allow them to adequately prepare and assert defenses to defendants' allegations. WHEREFORE, plaintiffs respectfully request this Court order defendants to more specifically plead the averments of paragraphs 56, 57 and 58 of the new matter, and the paragraphs included in the "breach of contract" count of the counterclaim. ~~e~~r Plaintiffs, Paul Dinda and Mary Dinda "~~ 'I ,.. --<," ., '.,,0,"'_-' .n _r 0 . PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No, 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYERS' REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 oiL,. '-'-, ~ PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No, 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. FIRST AMENDED ANSWER. NEW MATTER AND COUNTERCLAIM The Defendants, by and through their attorneys, Jackson, Cavanagh & Stiva1e, hereby plead as follows: 1. Admitted. 2, Admitted. 3. Admitted in part and denied in part, It is admitted that Forest Acres purports to be a legal entity. It is denied that the address plead is accurate. The Defendant, Forest Acres Trust, has an address at Suite 132, 12 Carroll Street, Westminster, Maryland 21157. 4. Denied. At all times relevant, Troy Beam represented that he acted as attorney in fact for Forest Acres solely in the sale of the property located at 197 Beechtree Street, Shippensburg, Cumberland County, Pennsylvania (hereafter the "Beechtree Property"). It is admitted that Troy Beam represented that his authority to act as attorney in fact was derived by written instrument. 5. Denied in part and Admitted in part. It is admitted that Forest Acres was at all times the fee owner of the Beechtree Property. It is denied that Troy Beam built the residential dwelling located on the Beechtree Property, To the contrary, a third party entity acted as the general contractor, 6, Admitted. ,~.-.. ~- , '" I 7, Denied. The request for a copy of the Power of Attorney between Troy Beam and Forest acres was not made until the Plaintiffs' title company, Secured Land Transfers, requested production of the same in Schedule B-Section II of the title report. 8. Denied as stated. The Defendants at all times stood ready, willing and able to produce the Power of Attorney for purposes of settlement, but did not produce the same on account of the Plaintiffs' anticipatory breach of the Agreement of Sale, Throughout October 1999, despite numerous verbal and written requests, the Plaintiffs refused to provide the Defendants, Forest Acres Trust, with reasonable assurances that they intended to settle on the property. To the contrary, the Plaintiffs on October 4, 1999, expressed their desire to breach the Agreement of Sale, and later attempted to wrongfully terminate the Agreement of Sale. 9, Denied. After reasonable investigation, the Defendants are without sufficient information to admit or deny the same, and therefore the allegation is denied. 10. Denied as stated, The "Agreement of Sale" a copy of which is attached hereto as Exhibit "A" incorporated a Pre-settlement Occupancy Agreement, and was later amended by a Pre-Settlement Walk-Through Inspection Agreement. II. Denied It is denied that the time for settlement was of the essence. To the contrary, the parties specifically amended the Agreement of Sale to provide for settlement through December 31, 1999, which thereafter could be extended by written agreement. Specifically, the parties in the Pre-Settlement Occupancy Addendum stated: "If settlement does not occur until on or before October 31, 1999, the rent will be $1,000 for each month until December 31, 1999, At that time if agreed by both parties, the agreement could be extended." 12. Denied, 2 ": ~ 13. Denied. The Plaintiffs viewed the Beechtree Property before executing the '1 l Agreement of Sale. Only after the Plaintiffs executed the Agreement of Sale and took possession of the Beechtree Property did the Plaintiffs request that the boundaries be physically identified. By way of further response, the Beechtree Property is a part of a real estate subdivision, [mal plans of which are public record, recorded in the Recorder of Deeds Office for Cumberland County, and legal description of which is likewise of public record. The named Defendant, Troy Beam, at the request of Plaintiffs did attempt to locate property corner pins, and did locate no less than two of the four comer pins. 14. Denied. The driveway serving the Beechtree property does not encroach on the neighboring property. By way of further response, the plaintiffs did not ask for further verification of boundaries, and likewise, the Plaintiffs could have confirmed the property boundaries by survey. By way of further response the Agreement of Sale, paragraph 7, Inspections, provides the Plaintiffs as Buyers the right to inspect the property including survey. The Plaintiffs waived their right to survey as part ofthe inspection contingency; and further waived the Inspection Contingency by their failure to terminate the Agreement of Sale in writing as provided in the same Inspection paragraph. 15. Denied in part and admitted in part. It is admitted that the Plaintiffs noted seepage from the sewer later which the Defendant repaired while the Plaintiffs were occupying the property. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the remaining averments and therefore deny the sanle. 3 ~""", "I -" ,--- ,-': I" 16. Denied. The joint in which seepage was noted, was properly repaired in a good and workmanlike manner. 17. Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the averments and therefore deny the same. It is admitted that the Plaintiffs contacted Sally J. Winder, Esquire who later acted in manner which is actionable as an intentional interference with contract and fraud. The Defendants incorporate by reference the allegations in the new Matter and Counterclaim. 18, Admitted. 19. Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief as to the truth of the averments and therefore deny the same. 20. Admitted, 21. Admitted, 22. Admitted in part and Denied in part. It is admitted that the title company listed the Trust Agreement as an exception to the policy of title insurance and requested that it be produced for review prior to settlement. The remaining allegation of the Plaintiffs are Denied. The Defendants at all times stood ready, willing and able to produce the Trust Agreement for review by the title company on or before the scheduled settlement. However, the Plaintiffs with the assistance of Sally J. Winder did breach the Agreement of sale four (4) days before the scheduled settlement of October 31, 1999; and further were in anticipatory breach of the Agreement of Sale as of October 4,1999, 23. Admitted in part and Denied in part. It is admitted that the title company listed the production of the Power of Attorney as an exception to the policy of title insurance and requested 4 ::t,~ ^ " . . that it be produced for review prior to settlement. The remaining allegation of the Plaintiffs are denied. The Defendants at all times stood ready, willing and able to produce the Power of Attorney for review by the title company. However, the Plaintiffs with the assistance of Sally J. Winder did breach the Agreement of Sale four (4) days before the scheduled settlement of October 31, 1999; and further were in anticipatory breach of the Agreement of Sale as of October 4,1999. 24. Admitted. However, by way of further response, the title company was under the misapprehension that the Beechtree improvements were newly constructed within four (4) months of the proposed settlement date. To the contrary, the representative of the title company verbally removed such notation from the title report on discovering the improvements erected on the Beechtree Property existed in excess of one year prior to scheduled settlement. 25, Denied. The Defendants, after reasonable investigation, are without sufficient information to form a belief a to the truth of the averments and therefore deny the same. It is however understood that Sally J, Winder did wrongfully contact the lender with direction and instruction to deny the loan as it pertained to the Beechtree Property, all in an attempt to wrongfully interfere with contractual relations. 26. Denied. Upon belief, the mortgage lender responded to misinformation provided by Sally J. Winder and the Plaintiffs and was coerced by Ms. Winder and the Plaintiffs to deny the retract the loan approval for the Beechtree Property. 27. Denied, Upon information, the letter of October 29, 1999, does not accurately confirm the intent of the Mortgage Lender and was derived through fraud from the Plaintiffs and Sally J. Winder. 5 -, , 28. Admitted. 29. Admitted. 30, Denied as conclusions oflaw to which no response is necessary. To the extent that a response is required, it is admitted that the Plaintiffs breached the Agreement of Sale. Forest Acres Trust, at all times stood, ready, willing and able to perform as the Seller and provide such required documentation to a title company as it should reasonably require to pass title required under the Agreement of Sale. 31. Denied. At all times, Troy Beam possessed a written Power of Attorney which he stood ready, willing and able to produce, but for the breach of the Plaintiffs. 32. Denied as a purposeful misstatement of verified fact. Mr. Beam at the hearing only stated that he represented himself and that he was not aware whether anyone was in attendance to represent the trust. In fact, the Court took a default judgment against Forest Acres Trust, yet continued in its session to conduct a hearing involving Mr. Beam in his absence, 33. Denied as conclusion oflaw to which no response is required, To the contrary, the Defendants acted in good faith, ready willing and able to perform in the sale and settlement of the Beechtree Property. To the contrary, the Plaintiffs and Ms. Winder attempted to commit fraud upon the Defendants by misrepresenting the nature of title to the mortgage lender and breached the Agreement of Sale by their refusal to allow appraisers into the property as well as Ms. Winder's contriving to interfere with the contractual relations between the parties, 34, Denied, No response is required to this claim for damages. 35, Denied as a conclusion oflaw to which no response is required. WHEREFORE, the Defendants respectfully request that this Court enter judgement in 6 1\. - ";;'1 ,-- their favor and against the Plaintiffs and for such additional relief as is just and reasonable. NEW MATTER The Defendants hereby represent as follows: 36, The responses in paragraphs one (1) through thirty-five (35) are incorporated by reference, 37. The Agreement of Sale, Exhibit "A", incorporated by reference the Pre-Settlement Occupancy Agreement, a copy of which is attached hereto as Exhibit "A." 38, The Plaintiffs, as the Buyer, and Forest Acres Trust, as the seller, fully executed the Agreement of Sale and Occupancy Addendum on September 2, 1999. 39. On September 3,1999, the parties performed a pre-settlement walk-through of the property. From the walk through inspection, the Plaintiffs and Forest Acres Trust agreed that the Seller, Forest Acres Trust, would perform all necessary repairs to the mechanical, electrical and structural elements of the property to place the same in good operational condition. 40. Pursuant to paragraph seven (7) of the Agreement of Sale, on September 9, 1999, the Plaintiffs had performed a home inspection of the property. The plaintiffs thereafter, submitted to Forest Acres Trust a proposed Addendum to the Agreement of Sale, which Addendum would require Forest Acres Trust to perform specific and numerous repairs, exceeding $100.00 of cost, to the Beechtree Property, The Addendum is attached as Exhibit "B." 41. Forest Acres Trust refused to execute the proposed Addendum, Exhibit "B", and did not respond to the Plaintiffs to either option (1) to repair as demanded; or (2) not to repair; within five (5) days of its receipt of Exhibit "B," 7 ~~~~- , I 42. The Plaintiffs failed to terminate the Agreement of Sale within five (5) days of the Seller's, Trust, not providing them an election to repair or not. Therefore, the Plaintiffs were contractually required to buy the property "as is" subj ect only to the agreed repairs listed under the Home Walk-Through Addendum of September 3, 1999. 43, The Plaintiffs waived any and all right to terminate the Agreement of Sale upon the Inspection Contingency, Paragraph 7 of the Agreement of Sale, and therefore contractually obligated to buy the Property "as is," including the property boundary as may have been disclosed by reasonable investigation, including survey. 44, The Plaintiffs made application with USAA Federal Savings Bank for a Purchase Money Mortgage in the amount of $199,000.00, 45. As of September 9, 1999, the Plaintiffs were approved for a Purchase Money Mortgage in the amount of$199,000.00, 46. As of September 15, 1999, all mechanical, electrical and structural repairs that Forest Acres Trust agreed to perform pursuant to the September 3, 1999 Home Walk-Through Addendum were completed in a good and workmanlike manner. 47. In or about September 1999, the Plaintiffs occupied the Beechtree Property pursuant to the Agreement of Sale, as amended, Under the Agreement of Sale the Plaintiffs were required to pay all utilities and rent on account of their occupancy of the Beechtree Property. 48. Since September 15, 1999, the Seller, Forest Acres Trust inquired of the Plaintiffs whether they intended to proceed to settlement on the Beechtree Property; all without response. Since September 15, 1999, the Defendants were reasonably insecure that the Plaintiffs would breach the Agreement of Sale, 8 !,-. ~" I , 49, In September 1999, Judy Hale, Seller's agent, mailed a copy of the plot plan ofthe Beechtree Property to the Plaintiffs. 50. On or about September 24, 1999, the Plaintiffs refused to permit the appraiser for the mortgage lender into the Beechtree Property, The appraiser required access to value the property for the grant of a Purchase Money Mortgage. 51. On October 4,1999, the Plaintiffs and Forest Acres Trust, through its attorney in fact, met at the office of Hale Real Estate. Mr. Jerris Collins, Plaintiffs' real estate agent, was also in attendance. 52. At the meeting on October 4, 1999, the Plaintiffs expressed their desire to breach the Agreement of Sale, In response, Troy Beam, on behalf of the Seller, informed the Plaintiffs that they would lose the deposit money should they breach the Agreement of Sale. 53. As of October 4, 1999, the Defendant, Forest Trust Acres, was insecure concerning the Plaintiffs' intention to proceed to settlement and was looking to the Plaintiffs to provide reasonable assurances that they were ready, willing and able to proceed, However, through October 27, 1999, the Plaintiffs and their counsel refused to provide the Defendant with any assurance of their intent to proceed under the Agreement of Sale and settle on the Beechtree Property. 54. On or about October 13, 1999, the Plaintiffs received a letter dated October 11, 1999, from Troy Beam in which Mr. Beam requested the Plaintiffs to provide assurances that the Plaintiffs were intending to settle on the Beechtree Property; to which the Plaintiffs did not reply. 55. On October 26, 1999, the Plaintiffs through their agent, Jerris Collins, delivered a form of Release from Agreement of Sale, The Release was dated October 26, 1999, and was 9 ;., r . . - ~-- i delivered to the real estate agent for Forest Acres Trust. 56. The Defendant, Forest Acres Trust, refused to execute the Release provided it by the Plaintiffs, 57. Upon information and belief, Sally J. Winder acting on behalf and in concert with the Plaintiffs contacted the mortgage lender USAA Savings Bank ("Lender"), in an effort and with the intention of inducing the lender to improperly deny a loan to the Plaintiffs to purchase the Beechtree Property, thereby permitting the Plaintiffs to terminate the Agreement of Sale, 58. Upon information and belief, Sally J. Winder acting on behalf and in concert with the Plaintiffs intentionally, or recklessly without caring about the truth or falsity, provided the Lender with false information concerning: (I) the status of the title of the Beechtree Property; (2) the identity ofthe seller and its agent; (3) and, the ability of the seller to convey good and marketable title, all in an effort to induce the lender to improperly withdraw its approval of the loan to the Plaintiffs to purchase the Beechtree Property, thereby permitting the Plaintiffs to terminate the Agreement of Sale. 59. The information provided by the Plaintiffs, in concert with Sally J. Winder, as more fully described in paragraph 57. above, was calculated to deceive the Lender by a suggestion of false information, all in a purposeful attempt to induce the Lender's to refuse to continue with its loan to the Plaintiffs, The Plaintiffs and Sally J. Winder's misrepresentations were justifiably relied upon by the Lender in its election to forgo providing the Plaintiffs with a Purchase Money Mortgage for the Beechtree Property. 60. The purposeful misrepresentations of fact by the Plaintiffs, in concert with Sally J. Winder, to the lender, as more fully described in paragraph 57. above, were material to the 10 ,~~ ~ 0" ,. decision of the Lender to to forgo providing the Plaintiffs with a Purchase Money Mortgage for the Beechtree Property, 61. The Defendants believe and therefore aver that the actions of the Plaintiffs, in concert with their counsel, Sally J. Winder as set forth above were deliberate, outrageous, and without any regard or justification for the rights and obligations normally involved in the conveyance of real estate. 62. The misrepresentations of Plaintiffs and Sally J. Winder were an artifice by which the Plaintiffs and Sally J, Winder attempted to deceive the Lender to their advantage in their dealings with the Defendant Forest Acres Trust. 63. The Plaintiffs' and Sally J. Winder's supplying of false information for the guidance of the lender in a business transaction, when there is the failure to exercise reasonable care or competence in obtaining or communicating the information, constitutes a negligent misrepresentation. 64, The Defendant at all times was ready, willing and able to convey title to the Beechtree Property in satisfaction of its obligations under the Agreement of Sale. 65. Despite demand, the Plaintiffs have refused and continue to refuse to settle upon the Beechtree Property under the Agreement of Sale. 66, The Defendant has been injured by the deceit and fraud of the Plaintiffs and Sally J. Winder. The failure to close on the Beechtree Property with the Plaintiffs has caused Defendant to incur additional real estate taxes and interest expense which otherwise would not have been incurred, all of which is continuing to be incurred on a daily basis. The property remains for sale. 67. The Plaintiffs' claim is precluded by their numerous and material breaches of the 11 T Agreement of Sale. 68, The Plaintiffs' claim is estopped on account of their breach of the Agreement of Sale and their attempted fraud to contrive a denial of the Purchase Money Mortgage. WHEREFORE, the Defendants request that this Honorable Court dismiss the Complaint of the Plaintiffs and award the Defendants such other relief as it deems just and reasonable. COUNTERCLAIM BREACH OF CONTRACT 69. The responses and allegations in paragraphs one (1) through sixty-eight (68) are incorporated by reference. 70, The Plaintiffs are in material breach of the Agreement of Sale upon their refusal to complete settlement and tender the purchase price to the Forest Acres Trust. 71. The Plaintiffs are in material breach of the Agreement when they and their counsel failed to cooperate with the purchase money Lender in an effort to induce the Lender to terminate and withdraw its mortgage approval for the Beechtree Property sale, Their wrongful acts constitute a waiver of the mortgage contingency in the Agreement of Sale thereby requiring the Plaintiffs to complete settlement which they have refused to do. n, In material breach, the Plaintiffs have failed to pay the required rent and utilities under the Agreement ofSa1e.; and owe Forest Acres Trust a sum not in excess of $2,000.00 for the same, 73. The Agreement of Sale, paragraph 28, the Defendants are permitted to claim the deposit monies of $5,000,00 as liquidated damages for the breach of the Agreement of Sale by 12 >'JllI~ the Plaintiffs, WHEREFORE, the Defendant, Forest Acres Trust, requests that this Honorable Court enter judgment in its favor and against the Plaintiffs in the amount of Five Thousand Dollars ($5,00.00), including an amount which would reasonably compensate Forest Acres for rents and utilities, including such other relief as this Court deems just and reasonable. COUNTERCLAIM FRAUD 74, The responses and allegations in paragraphs one (I) through seventy-three (73) are incorporated by reference. 75. Upon information and belief, the Plaintiffs in concert with Sally J. Winder, acted intentionally to provide the lender with inaccurate information concerning the status of the title of the Beechtree Property, the nature of the seller, and the ability of seller to covey good and marketable title, all in an effort to improperly induce the lender to deny a loan to the Plaintiffs thereby permitting the Plaintiffs to terminate the Agreement of Sale. 76, The actions of the Plaintiffs and Sally Winder are without justification. 77. The Defendants believe and therefore aver that the actions of the Plaintiffs, in concert with their counsel, Sally J. Winder as set forth above are deliberate, outrageous, and without any regard or justification for the rights and obligations normally involved in the conveyance of real estate. 78, The actions of Plaintiffs and their counsel are an attempt to derive a contrived rejection from the Lender and is therefore a fraud, all as more fully incorporate by reference 13 CJ under New Matter. WHEREFORE, the Defendant, Forest Acres Trust, requests that this Honorable Court enter judgment in its favor and against the Plaintiffs in the amount of Five Thousand Dollars ($5,00.00) for compensatory damages, together with exemplary or punitive damages and attorneys fees, and such other relief as this Court deems just and reasonable, Respectfully submitted, LEE A. STN ALE, ESQUIRE Attorney for the Defendants Jackson, Cavanagh & Stivale Mills of Victoria, Suite 103 1489 Baltimore Pike Springfield, PA 19064 (610) 604-4970 (610) 604- 4975 fax 14 - I H > , I 1'll!1 form ~ol1lmellded alld approved far, bul nol re.lricl~ 10 U~ by', lhe ll\llmbclS of lhe Pcnnl~IY~nia Anotiolion or,REAl.TORS$ (PAR) .' . LI' ...~ _ .PA LICENSED BROKER I\GENT FORSEL~Ell. ~v2..e.o..e t<:)&).,(., PH 6 '3 ;:;;;.'7):-': I \.j .. ..ADDRESS /4 ill, (t:'J":'15.J,,,,J <~,;"",,'il;"'j FAX ',"3':} 5'4(.'~ SUBAGENT FOR SELLER. .. , , PH AGE~~~~:~UYER: Ifll:}LI, h.v..<::/-,.~ f{ g oJ rl,l 'ne". . ~~X (0 C, 7. ,-/.(" 7 -~. )f /I 6 ADDRESS {Ill .. It. 1 -:.cr..' 'I ".LV J. M l "..L ~". ,> I'''' "'J'''", .(.....fAX (..,,~i '] , () t 7- 2.- 1 2 I ~ 5 I 7 ... I 10 11 12 11 14 15 15 17 11 11 20 21 22 21 24. 25 25 27 28 21 10 11 12 33 34 35 l.t~(S 2llgreement, date4.. . .-:-. :;1 (, ,'l<i '1 SELLER(S): .::Jn~ ; l "j iI" " :".J O"I~ l .)- I is between ;.;')... :. I.',.' o ~:.; H.:,..i.A. 'i'\Cv._..',..." '\ Q...v.., hereall'ter "Seller," and ZlpCode;::! 1\ 5T '.. \ ir.t~.,~~~,}~ I ~i\;,~;:,' Zip Code 3,,,,,&:' rl~ 2. 'PROPERTY (1'S8) Seller bereby agrees 10 sell and oonveylO Buyer, who hereby agrees 10 purchase: : ALL THAT CE~:rAlN lot or piece oC IrOund wi~ buildings and ImprovtJ11ents thereon erected, it any, known,.~: ~ 1"1-- {- ' '. ." I '- -,., , ". ,""""\'7 :..'_'" I : i.t ,1 "." \ l~I, f,o\, .' :..,.... J. ~'l""-- .:.,.. \.\..1 .,.l.I,.J1 ...'-.:.,~ ~.(JA4""") , II (J , e;I - '""l_ I ~ .. . ,) In the '~.<...{;, .. ,~ .,'....<...(i ot d A I I I..I'! ('.1. I, ,.. .~": I "- Counly or .;)." , (!J..i. ,) In Ihe COlDfllonweallh of Pennsylvania, Zip Code . I -f ,::) " 1 IdenllllcaUon (e.g., Tax lD#; Parcel #; Lo~ Block; Deed Book, Page, ReQQ.rdlng Dalel ,hereafter .'Buyerl' 3. TERMS (1-98) (A) Purchase Prl.e (J. A >-1) fJ... ,'. A ^ 1 ,-...I . M .1 I ^- \..'lJ'.:.'(H I ,..::\ {1..''''''''..:I ~.A ~{, Lh.J - Dollars wbl.b sbaD be paid 10 S.Uer by Buyer as follows: (B) C88h or .beck al signing Ibis Agr.ement: \.. 1.'.0.""'; , (, (C) C88h or cbeck on or before: (D) (8) Cash, cashier's or certified check at time of seUlem~nc: '\'; /"'1.'/1. o ~_ $ c:.()t.t).()U $ $ $ \4C\ dOC). OC;' TOTAL $ ~,CIOO , (J;) :, . ;' ~' (F) DeposilBto be beld by Ageot for SeUer. unle" otherwise stated here: (0) Written approval of SeUer to be on or before: "'j, _", . ." hI. (H) SetUement to be made on or before: . t() .\ ,.' , '? , <; '7 < (I) Conveyance from SeUer will be hy fee simple decilof special w"""nty unless otherwise stated here: (J) Payment of transfer 'taxes will be divided e_qually between Buyer IInd Seller unless otherwise staled here: ..' ~~ '~: . (K) .At time of settlement; ihe following shall be adjusted pro.rata, on .. ~aily J>asis between Buyer and Seller. reimbursing where applicllblt: taxes; rents; interest on mongage assumptions: condominium fee~ ~nd homeowner association fees, if any; water andlor sewer re'nts, if any, together with any other JienabIe municipal service, The charges are to be pro-rated for the period(s) covered: Seller will pay up [I) and including the date of settlement; Buyer wUl pay for all days following settlement, unless otherwise stated here: H H 37 4. FIXTI1RES AND PERSONAL PROPERTY (NIB) 31 31 (A) INCLUDED in Ibis sale and pur.base price arc all existing items pennanently installed in the Property. free of liens. iocluding plumb- 38 39 ing; heatingj lighting fixtures (including chandeliers and ceiling (ans); Wl\~er treatment systems: pool and spa equipment: garage door 39 40 openers and transmitters; television antennas: shrubbery, plantings and unpoued trees: nny-remaining heating and cooking fuels stored 40 41 ,on the Property Btlhe time of seul~rqent; wall to wall carpeting; shades, blinds. window covering hardware: b~ilt.in air conditiol}ers: 41 42 built.in appliances; and the rangeioven unl~ss otherwise slated. Als~ included: ,'" i), r! ) ,(L.H,- " C1 ;",J' ';' .1..1 ,.\, ~" l J- 42 ~ ~ 44 (B) EXCLUDED fixtures. and items: 44 ~ ~ 45 5. SPECIAL CLAUSES (1 '98) . 41 47 (A) 'B"'"Buyer and S~lIer aclcDowledge having received '8 slatement of Iheir relipeclive eSlimaled closing casu before signing this Agreement 47 41 of Sale. . ,.,' 41 49 (B) 19'iuyer acknowledges receipt of Seller's Property Disclosure S.latement before signing t~ls Agreement, if required by law. (See 49 50 ~otice, Information R~garding'the SeUer's ProPerty Disclosure Act.) . 5D 51 (C) td"Buyer acknowledges receipt of the Deposit Money Notice (fC!r ~oopertllive s~les when Agent for Seller is holdmg deposal mone)') 51 Sf before' signing' this Agreement~ . 52 53 (D) The foUowlng are a ...rlof Ibls Agreemenllf .becked, 53 54 0 Limited DualAgen.y Addeodum (PAR Form 140) 0 Seulemeot or Olher Propeny Contingency 54 55 0 Sale &' Seulement or-OtherPTopeny " (PA~ Form 133). 55 55 Contingency Ad4endum (PAR Fonn 130). 0 l'r.nl.OC:"Pi~d Property A~<jendvm (PAR Fonn TOP) 55 51 o Sale & Setuementof Other PropenyConlingency go' _,t. ." H{q l<.l.J ..t.P-O.<l../.. ""'/,1- .57 51 . wilb RighI to Continue Marketing Addendum 0 .Jj" ../,1:\+(<", ..1... W !AP. t J-~ 1'}<;:l/,. i'>,I)-1i t- ,j I 51 ,,_. (PAR Fonn 131) '0 '. 59 10 (e);${.,tU/,- f-o P)--'J~M..clj.,o ,;;\ 1.!Sl,)(.v,,,: ..,,,.~_ f"" 6.<..~"1~"..,I. 5a 61 ,~ ... ... , ,\ ~ ../ \,. :J..r. " (,.,V;:; ".J It.... (j ..,.... 61 &2 (f::..l ~).t"...Q."U.l.A. 'i-(; /'A.{J~!I(,t.<:.,.t... :)...fJ..J.: ':--.~..I..~6<'V.'::> .\" ..;,...ri..(..tr),-" ,..'""l.....!1.....~-Il... '1') 62 63 ....~.~. ..;./~()_.I (,.,.,...., :,LV"'l:..../l..(...\,...J l;..) I f'I'J-{-' .;,r l.l..' 63 . .IJ \ I,.. . .... ~' .'.. . I' tI fi4 \_~"".') ::,~t~l~~.l':~:_~:O )'..~{-/l~:rJ'..L~ \_Vl."~ i j";J;'r,.f..'I....,. ~J\.Jl..U......,'''-, r.i'..t,1d...J' 64 , ('c' \ I . \I~ i ') I 't'. I ~t." ;''''.'' ~'. { ...J.,....(..~:..(~...,. 65 65 ..~,:.. (i.t:.{. ..\t~.u....!J,.it.~ '-1...;,. O".j::"t~~ {.L.,-.~ ,:.,c: .... . ,"l' .' ;_4- f- ::. Buyer Inm...: ~~ . . IVS Re.lden'I.1 P.ge I .r 8' Sener Inill.ls:"'" -.......:::s :: Cl.pennaYlvanla AMooiatlon of COPYRIGIIT 1lF,NNSyr.VANIA ASSOCIATION OP'REALTORSillt998 . REALTORS" . I"" !It"'1 "'"~"''l'''Eo_...,...,.,...... J :';:"0:.:';" __,~__ ___~~_'. _'"'_'_~n ~___..__~.,~... ____~._,_ .,__ .... ." ,.._...._.". '"""""" - -I 1 2 3 4 5 5 1 I I 10 11 12 13 14 15 18 17 11 11 20 21 22 23 24 -. .....---- ----".. " . 89. :78,... 71 12. 11 74 75 78 77. ",;' .78,i. 79 80 81 12 .1... ,83' 84 8. 88'. 87 88,.,,;,., 88 80 .91 92 93 94 95 98 97 98, '. :;,. ~8 W8 101 102 103 104 105 106 107 108 109 110 " :. I',' {' (A) Within....2- day. of the execution of thi. Agreement, Buyer, at Buyer's expense, may choose to have inspeclions and/or certUicaUons com. pleted by licensed or otherwise q\,lalified professionals (see Property -Inspeclio,n and Environmental Notices). Other provisions of this A~reetnent m~r provide for inspections and/or certifications that are not waived or altered by Buyer's election here. If Buyer is not sAlistied Wlth the candlllon of the Propeny as stated in any written report. Buyer will, within the time given for completing inspections: o Opllonl . I. Accept the Property with the infoonation stated in llie report(s) and agree to the RELEASE set forth in PlU'agraph 26 of this Agreemcnt, OR 2. Tenninale !be Agreement of Sllle in writing by notice to Agent for Seller. if any, olllelWise to Seller, within the time given for inspection in which case all deposit -monies paid on account of purchase price shall be returned- promptly 10 Buyer and this Agreemehl wili J be NULL and YOID, . l<f Opllon2 1. Accept the Property with the infonnalion staled in the report(s) and agree to the RELEASE set forth in potagraph 26 of thi, Agreement, UNLESS the total cost to Correct the c_on~itions contained in the report(s) is more than $ I ('I, 'j . ,... ',. \ '. 2, If the total cost to correol the conditions contained in Ihe report(s) EXCEEDS the amount specified in paragraph 8(A) (Option 2) I, Buyer will deliver the report(s) to Agent for Seller, If any. olherwlseto Seller, within the Iboe given for Inspeetion. '" a. Seller will, within ~ days 'of receiving'the report(s); inform Buyer in writing of Seller's choice to: 1) Make repairs before settlement so that the remaining cost to repair conditions contained in the repon(s) is less than or equal to the amount specified in potagraph 8 (A) (Option 2) 1. . . 2) Credit Buyer at settlement for the'dlffi. erence betw~e estimated, cost of repairing the conditions contained. in the repon(s) and the amount specified in paragraph 8 (A) (Option 2J 1. This option must be acceptable to the mongage lender, if any. 'J) Not make repairs and not credit Buyer at !leuJement tbr- any defects in conditions contained in the repoI1(s). b. If Seller chooses to make repairs or credit Buyer at seuleITIFnt as specitied in paragraph 8 (A) (Option 2) 2,' Buyer shall accept the Property and agree to the.. RELEASE self~rth in plU'agraph ~.of this Agreement, .. c. If Seller chooses not to make: repairs and not ,to credit Buyqr at settlemel.1t, or Jf Seller faJls to choose any option within the time given; Boyer will within ~ days: ... , 'I) Accept the Property w,llIthe infonnalion stated in the report(s) and agree to the RELEASE set forth in plU'agraph 26 of this Agreement, OR 2) Terminate the Agreement or-Sale in writing by notice JO Agent for Seller, if any, otherWise to Seller, in which.case all deposit monies paid on account of purchase price shall be ret~med promptly to Buyer and this Agreement of Sale will be NULL and YOID. : (B) Buyer'. falIureto exercise any of Buyer', opdo.. within thetbne IJl!1i1S 'pecllled In this paragraph shal1 consUtute . WAMR or this contlngellCY and Buyer .ccoplS the Property and .g..... to ihe REJ.EA~E set forth In p.ragraph 26 of this AgreemenL WOOD INFESTATION CONTINGENCY (1.98) . .0 WAIVED. Buyer understands that Buyer has the option to request thetlhO Property be inspected for wood infest..;on by a certified Pest COlIIIOl .-/ Operator, BUYER WAIVES TIllS OPTION and agr..s to theREL~SE set fonh in plU'agraph 26 of thi. Agreement, "" ELECI'ED'. . (A) Within.:::.::t:... days of the execulionof this Agr..ment, o Buyer. at Buyer's expense. _ p""Buyer, at Seller's expense, not to exceed $ l.f.(). U () , shall obtain a written "Wood-Destroying Insoctlnfestation Inspection \l.eport" from a certified Pest Control Operator and will deliver it and all' supporting documents and drawings provided by the Pest Contiol O~rator to Agent for Seller, if any, otherwise to Seller. The repon is to be made satisfactory to and in compl.i,ance with applic~bJe Jaws, mortgijge and lending institutions, and/or Federal Insuring and Ouaranteeing Agency requirements, if any. The in-spection will i~c1ude all readily vi$ible and accessible areas of all structures on the Property except the fol- . lowing strUctures, which will not be inspected: . 150 151 '" 1SJ 'l1' 155 156 157 166 169 160 161 162 163 164 ,165 '166 167 166 169 170 171 172 173 174 175 176 177 178 179 .160 181 162 9. 163 16' 166. 186 187 188 189 190 191 192 193. 194 116 186 197 198 199 200 201 202 203 20' 206 205 207 208 209 210 211 212 213 21' 215 216 217 218 10. 219 220 221 222 223 22' .226 225 227 228 229 23D 231 232. 11. m 234 238 238 231 235 239 2'0 2" 1'1 ~: BuYerlmUiTID~ J 150 151 lS:l 153 15. 165 156 151 15S 159 160 161 162 163 16. 166 166 167 166 169 170 111 172 173 174 176 H6 177 178 179 160 161 162 113 114 185 166 167 188 169 190 191 192 193 114 196 196 197 199 199 200 201 202 203 20. 206 206 207 208 209 210 211 212 213 214 215 216 217 216 219 220 221 222 223 22' 225 226 227 228 229 230 231 232 233 234 23S 236 237 236 m 2.0 241 2.2 . iX 243 ", ....V\ ." . 2" Sellerlmdals:' ~~245 (B) If the inspection reveals evidence of active infes18iion(sJ, Seller agrees, I't Seller's expense and before senlement, to treAt for active infestation(s), in accordance wjth applicable laws. ,. . . . (e) If the inspeCtion'reveals damage from active; infestation(s) or previoul! Jnfes,tation(s), Buyer, at Buyer's expense, has the option to obtain a writ- ten report by a professional contractor, home inspection serVice, or structural engineer that is. limited tp structural damage to the'PcopeI1Y caused by wood.destroying organisms and a proposal to repair the damage, Buyer will 'deliver the structural dalOllge report and corrective proposal to Agen. fpt Seller; if any, otherwise to Seller, within --'-- days of ~livering the Original inspection report. (D) Within S days of receiving the .trUctural damage report and corrective proposal, Seller. shall advise Buyer whether Seller will repair, at Seller's expense and before settlement, any suuctural damage from.~tiv~ or Ptev,ious infl;station(s). . (E) If Seller chooses to repair S!nlctural damage revealed. by the report, Bu~er agrees to accept the Property as repaired and agrees to the RELEASE set forth in paragraph 26 of this Agreement, . (F) If Seller chooses not \0 repair strUctural dam.ge revellled by the report, Buyer, within 5 days of receiving Seller's nolice, will notify Seller in writing of Buyer's choice to: 1, Aecept the .Property willi the defects revealed by the inspection, without abatement of price and agree to the RELEASE set forth in plU'a. graph 26 of this Agreement, OR " 2, Make the repairs before seltlemen~ if required by the mortgage lepder, if any, at Buyer's expense and with Seller's permission, which shllll not be ulll'tlasonably withheld, in which case Buyer accepts the property and agrees to the RELEASE set forth in paragraph 26 of this Agreement. If Seller denies Buyer pellDission to make the repair4, Buyer may, within S days of Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on ~ccount of purchase price shall be returned promplly to Buyer.and this Agreement of Sale will be NULL and YOID, O~ ' ' 3. Tenninate -this Agreement, in which case aIL deposit monies pai~ o.n account of purchase price shall be returned promptly to Buyer and this Agreement of Sllle will be NULL and VOID. (G) Buye..'. raUure to exercise any of. Buyer" opdnns within the Iboe limits .peclfied In this paragraph ,ball eonslllute a WAIVER of this contingency and Buyer oecepls the Property and agrees 10 the REI-EASE set forth In paragraph 26 of this AgreemenL CE~IFICATE OF OCCUPANCY (1-88) " . Q'"' NOf APPUCABLE . o APPUCABLE (A) Buyer and Seller acknowledge thai. certificate pennitling occupancy of the Property may be required by the municipality and/or govern. mental authority. ' (B) If a certificate is required. Seller shaH, at Seller's expense and within.....:...-- days of the execution of this Agreement, order the certificate for delivery 10 Buyer on or before settlement. (C) In the event repairs/improvements are required for_ the issuance of the cenificate:, Seller shall, within 5 days of Sellc=:r's receipt of the require~ ments, notify Buyer of the requirements and :whethe'r Seller shall make the requi~d.repairslimprovements at Seller's .expense. (D) If Seller chooses not 10 make the required' repairs/improvements, Buyer will, within S days, notify Seller in writing of Buyer's choice to tenninate the Agreement of Sale OR make the repairs/improvements at Buyer's expellse and with Seller's pennission, which .shall !lot be unrc=:a- sonably .withheld. If Seller denies Buyer pern1lssi_on to make the required repairs, Buyer may, within 5 liays of Seller's denial. tenninate ~is Agreement. If Buyer tenninates rhi,s Agreementj all deposit monies paid on account of purchase price shall be returned promprly to Buyer and this Agreement of Sale will be NULL and YOID, . . .. . RESIDENTIAL LEAD.BASED PAINT HAZARD REDUCTION ACT NOflCE REQUIRED FOR PROPERTIES BUjLT BEFORE 1978 (1-98) . iii' NOfAPPUCABLB o APPWCABUl (A) SeIIet' re_1S that; (check I OR 2) o 1. SeUer has no knowledge concel!1ing the presence of lead.bosed paint and/or lead.based paint IulzlU'ds in or about the Property. . . o 2. Seller has knowledge nf the' presence nf lead-based painl and/or lead.hased pain! hazards in or aboullbe Property. (Provide Ihe basis for . detenn.ining tballead~based pa.int andlqr hazards exi~l, the loclltion(aJ, the condition of the painted surfaces, and other available in'orma. lion concel!1ing SeUe,'s knowledge of the presence of lead.b..sed painl and/or lead based paint hazards.) . A1S Residential Page 3 or 8 . 2V 241. 2'8 ..:: o 1. Seller has no reports or records pertaining to lead-bas~ paint and/or lead.based paint hazards in or about the Property, . 0:2. -S~ller has provided Buyer with aU available records and reports pert'aining to lead-based paint and/or lead-based paint hazards in or about the ~opert)'. (Llst. documents).. 25p ';'. ~ ;. " '.' "."". '::~ . ., II' , 261 "J (C) Buyer'. AckDow!edgmODI . " . . ., ' '252 ",\", .,,' CJ 1,...Buy~,~ received _th"c pamphl~t PrOie~l Your Fami/yjrom Lead ;11 Your Home and has read the ~aci Warning Statement contained in this 253" <:' Agreement (See Environme~tal Notices), ' , . 264 Buyer'. IJillial.s Date 255 0 2. Buyer has ~viewed SeU~I.& dis~l~sure ,of known lead-based paint and/or lead~based paint hazards; B:S identified in paragraph II(A) and 255 266 . has receive(! the records, and reports pertaining 10 lead-bllSed paint and/or lead-based paint hazards identified in par.graph II(B). 267 , ,,' Buyer'.lnIlia1.s Date 261 , (D) RISK ASSESSMENTIINSPECTION. Buyer ..knowledge. .that before Buyer is obligat.d to buy a residential dwelling built before 1978, 2$; Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period of time) to conduct a risk assessment or inspeclion of 260 .,;he Propeny for lhe pres.nce of lead-baoed paint and/or lead-based paint hazards, . " . 261 I' 0" WAIVED. B,uyer understands that' Buyer has the right to conduct a risk assessment or inspection of the 'Property 10 detennine the presence of 262 "I. lead'based paint and/or lead-based paint hazards, BUYER WAlVES'i'!lJiIS RlOIIT andagrees 10 the RELEASE set fonh .in paragraph 26 of 283 ,.' thisA~~en~:' 2&4~ ,'; J' D' BLEcmo~'" J,., . 1-' 265 I. Buyer, at Buyer's expense, chooses to obtain a risk assessment ~nd/or inspection of the Property for lead~based paint indIar lead~based 266 , paint ~ds: The risk BS:SCssment ~dlor, inspection shill' be cOrPpleted within _ days. of the exeCution of this Agreement of Sale 267 (insert /flQ'~ unless Buyer and 'Se.ller ag~ to a different period Qf time). 2!1 2. WllblD the Ihne ..t forth ail9ve for obtaln!nI the rIok ..;.essjnenl anrllor lnsp""don of the Properly for lead.based paIDl anrIIor ,219. lead.based paIDl hazarda, Buyerm,ay dell.er to Agenl for Seller, if any. olherwio. '10 S.lIe~ a wrillen Iisl of lhe specifIC hazardous 27Q , ,conditions cited in the report and those corrections reqliested- by B~yer, along with a copy of the risk assessment and/or inspectio~ report. 211. 3.' Seller may, within _' days of receiving the list and report(s), submit a wrilten corrective proposal to Buyer. The corrective proposal 272 will include, but not be limited to, the n~ of lJ1e I:Cmediation cqrnpany and a completion date for corrective measures. Seller will pro- 273 vide ~rtification from a risk assessor or inspector that corrective nl~asures have been made satisfactorily on or before the completion dale. 274 4. Upon receiving the corrective proposal,-Buyer, within S days, willi , 276 a, Accept the corrective proposal and lhe Property in writing, imd agree to the RELEASE sel forth in paragraph 26 of this Agreemenl. 276 OR 277 b, Tanninate this Agreement in writing, in which case all depqslt moni.s paid on accounl of purchase price shall be reltlrtled prompdy 271 10 Buyer and this Agreement of Sale will be NULL and VOlp. . . 27B 5. Should Seller fail to .ubmit a wriltencolTOeli.e proposal within tpe time iet fonh in paragraph 11(0)3 of this Agreement. then Buyer, 210 within 5 days, will: .. . 281 a. Accepllhe Property in writiDg, and agree 10 the RELEASE .pl fonh in paragraph 26 of this Agreement, OR . 282 b. Tenninnte this Agreement of Sale in writing, in which case all deposit monies paid on account of purchase price shall be returned 283 . prompdy 10 Buyer and this Agreement of Sale will be NUL/.. and VOID. 284 6. Buyer's (aUure to exercbe aoy of Buyer's options within the time limits speclfjed in this paragraph shBlI constUute a WAIVER of 26;j 216 this conllngency a~d Buyer aeeepls Ihe Prop<rly and agre.. Iq lhe REI,EASE .el furth In puragraph Z6 of Ihls Ag....m.nt. 286 (8) Certlftcat1oo, By signing \ this Agreement, Buyer and Seller certify the kccuracy of their respeclive s~atemenlS, to the best of their knowledge. 217 12. RADON CONTINGENCY (1.98) 211 (A) Se1]$r~p.....nls thaI: (check app[Opriale response(s)) 289 g"j, SeUer has no knowledge conceming /he IlreoenGe or absence of radon,. ' 290 02. Seller has knowledge that the Property waS teoted on Ihe dates, by the methods (e,g., charcoal canister, alpha track, elC,), ..(d wilh the 2B1 resullS of all te.lS indicaled below: 292 DATE METHOD 293 284 2B5 2B5 2B7 298 299 300 301 302 3D3 304 306 306 307 309 309 310 311 312 313 314 315 315 317 B1B 319. 320 321 322, 323 324 .~ 325 '~l\'" 321, Buyerlnld -~::W".. ,;"K , RESULTS (picoCurie,"iter or working levels) COPIES 01' ALL AVAILABLE TEST REPORTS will be'delive'1'd to Buyer wilhlhis Agreement. SELLER DOES Nor WARRANT EITHER TIiE METHODS OR RESULTS OF THE TESTS, o 3. Seller has knowledge that the Property undarwent radon reduction me..urei on the date(s) and by the method(s) indicaled below: DATE RADON REDUCTION METHOD o WAIVED. Buyetunderstands that Buyer has the option to request thal fh~ Property be inspected for radon by a certified inspector (see Radon Notice). BUYER WAIVES THIS OPTION and agrees 10 the RELEASB s.t fonh in paragr.ph 26 of .his Agreem.nl. !l;V'liLECTED ,. .' . (B) Buyer, at Buyer's expense, has the oplion to obtain, from a cenified inap<ctor.a radon test of Ih. Property and wlU deliver .. copy of the test report to Agent for Seller, if any, otherwise to SeUer, within ~ days of the execution of this Agreement. (See Radon Notice.) I. If the leSt report reveals the presence of radon below 0.02 working ievels (4 picoCurieslliter), Buyer accepts the Property and agrees 10 the RELEASE sel forth in paragraph 26 of this.Agre.ment. ,_ 2. If the lest report reyeals the presence of radon at. or exceeding 0.03 working levels (4 picoCurieslliter), Buyer will, within ~ days , of receipt of the ,test results: o OpdoD 1 a. Accepl the Property in writing and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR b. Tenninaie this Agreement in writing, in whiCh case all deposil monies paid on account of purchase price shall be returned promplly to Buyer and this Agreement of Sale will be NULL and VOID, OR c. Submit a written, corrective proposal ,to Agent for Seller, if any, otherwise to Sell~r. The corrective proposal will include, but not be Umired to. the name of lh~ certified mitigation company; provisions for payment, including retes!s; and completion date for correc~ live measures. 1) Within 5 days of receiving the cOlTCCtive proposal. Seller' will: a) Agree to the lenna of the correclive proposal in writing, in which case auyer nccep.' Ihe Propeny and agrees 10 lhe. RELEASE set tonh in paragraph 26 of this Agreemenl, O,R b) Not agree to the terms of the corrective proposal. A1S Residenlll;1 PaRe 4 of 8 SeU.r Inldal.. ~ , "r~ 247 246 24S 250 251 252 253 254 256 257 25S 259 260 261 262 263 254 215 255 257 258 269 270 271 272 273 .274 275 275 m 279 279 210 251 282 m 235 '" 297 266 269 290 291 292. 293 294 296' 296 297 296 299 300 301 302 303 304 305 305 307 308 309 310 311 312 313 314 315 318 317 31S 319 320 m 322 323 324 325 321 ~ t, .'C;, ,"_'^C<._ ',,"" 'i'rJ, _, _..__.__,.__ ..,._.._w+ <_ . 'elect to: . a) Accept the Property in writing lUl6 agree to the RELEASE set forth in paragroph 26 of this Agreement, OR b) Tenninate ~is Agreement In writing, in which case all deposit monies paid on account of purchase price shall be returned i.. /' prompliy to Buyer and this Agreement of Sale will be NULL an6 VOID, " . .IY OpUon2 . . 4 . a, ~'CtepLthe Property in writing and agree to the RELEASE set forth in parll8raph 26 of this Agreemelll.-Qr"-' , b. Submit8\qriut:n, corrective proposal to Agent:for Seller, if any, otherwise to Se.l!e.r,' The cO~f~ctive-proposal will include, but not be limited to,' the ~ the certified mitigation _company; provisions for payment, i~ludirig. retestsj and completion date fot correc- .' !ive measures. Seller shan.~ maximum of $ I f}t,')!:.). ()( > low~rd the'lot",} cosl of remedial ion and I~tejts, which shall ~ I ~ . compJelodby sellloment. ....... ......,... . B . \,'. ___) If thelolal cos~ of remediation ilird''''!~st.. EXCE.ljDS.the"ii';'ount specifi:d in paragraph 12(B){Option 2) b, Selier will, within B ~\"". ;c-~' , 5 .;lays of receipt of the cost ofremedla1.~"!'i(SCify Buyer of Seller'sl;hOlce to pay for the totall;OSt of remediation and retests O~..~ ORnotpayforth~tota1'costof~diationan'd"'re~sts.. . 1 #" .' 2) If the Seller Chao. ses nO~.,"t1jaifor the total cost of'l=cme4i.ation and..ret.ests, Buyer W.iIJ' within 5 days o{receipt of Seller's 2 .... notification, notif,y..SeU&, in writing, of Buyer's choice to: .......~...... 3 ~".'. a) Pa~e-"ditrerence between SeUer's'contribution to remediatloifand..retests llnd the actual cost thereof;in which case 4 . ./Buyer accepts the Property and agrees to the RELBASE sel fonh in parag,..!lI! 26 of this Agreemenl, OR 5 . ... ............1)') -Terminate this Agreement, in which case aU deposit m~nies paid on account o(ptuc~ase price shall be returned prompdy o to Buyer and this Agreemenl of Sale .wiIJ be NULI:.'iV'd VOID. , 1 (C) Buyer'. fallure to exercLse any of Buy~r" opdol1ll wilhin the Ume IIm,'a ..peclfted in this paragraph .hall COI1llUtote . WAIVER of this 8 CODdngeney and Buyer acceplS the Property and agrees to the RELEASE .et forth In paragraph 26 of this Agreomenl. 9 13. STATUS OF WATER (1-99) ,.. o (A) Seller reP.I'ICnts that this property is served by: . 1 CIV' Public Water . 2 O. Oo-siteWater ~ . 0 Community Water : ,1", g None 9 ,. (B) WATER SERVICE INSPECTION CONTINGENCY. 1 Ia WAIVED, Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES ,8 THIS OPTION lUld agrees to the RELEASE sel forth in paragraph 26 of I~is Agreement, ,9 . o. I!LECTIlD . iO J . L' Buyer has the option, within ..:.--..- days of the execution of thi. Agreement and at Buyer's expense. to deliver to Agent for Seller, if it any, otherwise to Seller; a written inspection report by a qualjfied, professional water testing company of the quality and/or i2 quantity of the water service. '. . ~ . . 13 2, Seller agree. 19 locate and provide access to the on-.ite (or indivld~.l) water sy.tem, 'if applicable, at Seller'sexpen.., if required by the 14 inspection company. Seller also agrees to restore. the Property prior ,p settleme~t. . 15 3. If the report reveals that the wa,ter service does n~t meet the minimulJI- standards of any applicable governmental authorities andlor fails to i6 satisfy the requirements for quality and/or quantity set by the mortg~ge lender, if any, then Seller shall, within _ days of receipt of i7 the report, notify Buyer in writing of SeIler's choice to: is a. Upg~e the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 19 to the RELEASE set forth in paragraph 26 of thi; ABreemenl, OR /0 b. Not uPBrade the water service. . /1 4, If SeUer chooses not to upgra6ethe waler senlce 10 mlnlmum a~ceptahle level., Buyer wID; within _ 6ays of Seller's notice /2 not to correct, either: . ..' 13 a, Accept the Property lUld the water service an6, if require6 by th! mort gag. lender, if any. andlor any governmental authority, upgrode 14 the water service before settlement or within the time requi~ ~y the mortgage lender, if any, and/or any governmental authority. at '5 Buyer's exr>cntie and with Seller'lI permiludon, which tihull not he unren.~pnahly withheld. and agree 10 the RELEASE set fonh in 16 paragraph 26 o( this Agr~ement. If Seller dei*s 'Buyer pimnillsiun Lu upsrLlu~ the wl.lt~r JoIer:vir.:e, Buyer may, wilhin 5 uays or Selli:r's 17 denial, tenninate this Agreement, If Buyer tenninates this Agre.ement, all deposit monies paid on account of purchase price shall be 18 returned promplly 10 Buyer .nd this Agreemeill of S.le will be NULL and VOID; OR 79 b. Terminate this Agreement, in which case all deposit, monies pajd on account of purchase price shall be returned promptly to Buyer 80 . lUld this Agreement of Sale will be NULL and VOID, /1 5, Buyer'" t.oIIure kJ exercise any of Buy..... opcro... within the t'upellmllS specUiod In this paragraph .hall coMtltute a W,loIVER of 82 \his conUngency and Buyer acceplS lbe Property and agrees to I~e RELEASE set rorth In paragraph 26 of lhis AgreemenL 83 14. STATUS OF SE:wER (1.98) . .' ... B4 . (A) Selier rep!Jl8OlllS that Property is servod by: 88 iD"PubUc Sewer 88 0 1n6ividual On-lot Sewage Disposal System (See Sew.ge Notice I) . . 81 0 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice I; see Sewage Notice '4, if applicable) B8 0 Community Sewage Disposal System 88 0 Ten-acre Permit Exemption (See Sewage Notice 2) 90 0 Holding'lllnl: (See Sewage Notice 3) 11 0 None (See Sewage Noti" I) .91 0 None AvailablelPermit Limitations in Effect (See Sewage NOlice 5) ,93 0 i94 (B) JNDlVIDUAL ON.LOT SEWAGE DISPOSAL INSPECTION CONJ1NGENCY 195 ~ WAIVED. Buyer acknowledges. that B.uyet bas the option to request aJ) illdividuaJ onwlot sewage disposal inspection of the Property. BUYER 198. WIUVI!.S THIS OPTION and agrees to the RELEASE set forth in para~tj>ph 26 of this Agreement, . 191 OELECTED. .. . 198 1. Buyer has the option, within _,days of the execution ofthls',",greement and at Buyer's expense, to deliver 10 Ag,cnt' for Seller, if 199 any, othelWj,S~ to SeUer, a' writte~ inspection report by a qualified, professional inspecror of the indjviduaJ on~Jor sewnge disposal sY5lem. 100 2: Seller agrees -to locate and provide access '10 the indiVidual oo.lot ~~wnge disposal system. and. if required by the inspection company, 101 emp.ty the. septic tank, at Seller's expense~ Seller also agrees to restaTe the properly prior to sel~lement. '02 3. If the.report reveals defects that do not require e"pansion or replacement of the e_xisting sewage disposal system, SeUer shall, within '03 _ days of receipt of the repol1, notify Buyer in writing of Seller's choice to: . 104 a. Correct"the defects before settlement. including retests, at Seller's'expense, in, which case Buyer accepts the Property and agrees (0 .05 the.RELEASE set forth in paragraph 26 of this Agreement, OR U6 b. Not COrrect the defects, in Which case Buyer will. within ~ 'days of s~aet's notice not [0 correct ,the defecls! either: 407 I) Accept the Property and the system and, if required by lhe mongage lende~, if any, and/or llnY governmental au~ority, COrrecl 408 the defects before settlement or within the time required by the mongage. lender, if any, and/or any governmental nuthonty, al 409 Buyer's sole expense and with. Seller's pennission, which shall not be unreasonably -withheld, and agree 10 the RELEASE set 410 forth jn paragraph 26' of this Agreement. ]f Seller denies B~yer permission to correct the defects, Buyer may, within 5 days of 411 Seller's denial. tenninate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on accounl of purchase 412 pri.ce shall be returned promptly tp Buyer and this Agreemenl of Sale will be NULL and YOID, OR 413 2) Terminate this Agreement in writing, in which case nil deposit monies paid on account of purchase price llh~1l be returned 414 promptly to Buyer and this Agreement of Sule wiIJ be NULL und YOJD. 415 4. If the report reveals the need to expand or replace ,the existing individual on-lot sewage disposal system, Seller may, within _ days 416 of receipl of Ihe repon, submil. corrective proposal to Agenl for Buyer, if ''"y, ntherwise tn Buyer, The corrective proposal will include. 417 but not be Iillliled.lo, ~le nWl1C ur the remedlatlul1l.:ol11puIlY'; Pl'UYlliJUI1!i J'ui' lJaYlIlcul, luduJillg rctc!tl!i~ UlIJ cOUllJlcliulI date fur cOllecl'ive 418 measures. Within 5 days of recejvil)g Seller's corrective proposal, or if no corrective proposal is received within the given time, Buyer 419 wID: ' 420, a. Agree to the lenns of the cam:ctive proposal, if any, in writing, in which case Buyer accepts !he Property and agrees to the RELEASE 421 ~p;.ragraPh 26 of this Agreement, OR 422 ".,.,.,.... t A _ 423 BUYerlnilhlls~:_~. fY ~.. AfSResld(!nUaIP;I~e5()rH Sl.'lIerIniUals: ~~~- m 321 530 33\ 332 333 '" 335 33' 331 330 339 3.i m 342 343 344 ~4& 3.' 347 3'3 349 350 351 382 383 384 ~88 ~5' 381 380 359 360 361 382 363 38' 365. '366 381 ~88 389 310 31\ 312 ~13 m 31S 31' m 329 319 380 3/1 382 303 304 ~05 38' 387 ~88 389 390 391 392 ~9~ 394 ~95 '" 391 ~98 399 .00 40\ 402 .03 404 4115 408 407 408 409 410 411 '12 4\3 ,,. '15 418 11,. 418 411 420 421 m '23 .._--_.".~"._--------.-.~.~~_..----~.;.-_..~~~.._- I - , , ',,;""'\',. - ' ,.,,,,f,,,.-j,,,,"'t:,~_",,'''Y' .~ -.' 125' 127 125 129 130 131 132 133 134 I" 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 162 li3, 154 I" 156 157 158 15B 160 161 162 153 164 165 166 167' 168 169 170 171 I7Z 173 174 175 17i 177 I7i 179 180 181 182 113 184 \86 186 \97 \99 \99 IBO 191 192 193 494 495 499 497 498 400 500 501 102 513 i04 50i 101 507 508 50S ". III 512 513 514 515 516 617 511 619 510 15. defcl:1S before settlement' or within the time required by the mortg\\ge le-nder, it" uny~ and/or any govemmemUI aumomy, UI Duyer oS . sole ex.pensc and with Sellers permission,-whkh shall not be unrea~onllbly wilhhelrl, and agree to the RELEASE set ronh in para- gr~ph 26 of this Agreement.lfSeller denieii,Buyer permiBllion 10 correct the_defects, all deposit monies paid on account of purchase ,;~~7 pnco ,hall be returned promptly to Buyer and 'hi, Agreemcnt of Sule will bc NULL und YOID, OR ;.'j c, Terminate this Agreement in, writing,' in which case all deposit monies paid on account of purchase price shall be returned promplly ~~~\: to B~yer and this Agreemen.1 of Sale will be NULL and VOID. . "1:,\1 S. B~yer's faUure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of -1;1 Ibi& contingency and Buyer accepts the Property and agrees to lhc REtEASE sel forth In paragraph Z6 of this Agreement. NOTICES & ASSIlSSMENTS (1.98) , , . (A) ScJJer represents as of Seller's encur;on of this Agreerrienl, that' no public improve-men!:; condominium or homeowner DssocJtuiQn assessmenrs have been made against the Propeny which remain unpaid and that no nolice by any government or public authority has been servc=d upon Seller or anyone on Seller's behalf, including notices relating to violations ot' zoning, ho~sjng, building, safety or tire ordinances which n:main uncorrected, and that Seller knows of no condition that would conslitute vi91nlion of any such ordinances which remains uncorrected, unless otherwise specified here: . --?'I fl " i /'1 :> .J" 1,./ (}' " (B) Seller knows of no ,other potential notices and assessments except DS ioflows: ,rJ2 ..']3 .,:14 435 4:tii .37 438 m 440 ,(e) In the event notices and assessments are received after execl.!tion ~f this Agreement and.before settlement, Seller will notity Buyer in writing: 441 w,LUrin S days of receiving the notice or assessment. that Seller shall:. " 442 1. Comply with notices and assessments at Seller's expense, in whic~ ~llse Buyer accepts the Propeny and agrees to the RELEASE set forth 443 in paragraph 26 of Ibis Agreemenl, OR' 444 2. NOT compJy with notices and assessments al SeUer's expense, i:p, wmch case Buyer wW notify SeUer withJn S dllYs in writing thac 445 Buyer shall: ~ ' 446 a. Comply with the notices and assessments at Buyer's expense a,,~ agree to the RELEASE set forth in paragraph 26 of this Agreemenl. 447 ~ ~ " . . m b. TernUnate this Agreement, in which case all deposit monies p~jd on account of purchase price'shall be returned promptly to Buyer 449 and \his Agreement of Sale will be NULL and YOID,... 460 U Buyer 'allldo notify Seller within the given lime. Buyer accep,., the Property and agrees to the RELEASE sellorth in paragrnph 461 26 of this AgreemenL " . . 452 " (D) Buyer is adviSed that access to a pubU'c road ~ay requi~ issuance'of a ~i~hway occupancy permit from the Department of Transporiation. 453 (E) If required by law, Seller shall deliver to Agent for Buyer,-jf any, otherw'l~e to Buyer, on or before settlement, a certification from the nppropri. 45.1 ate municipal department or departments disclosing noiice of any uncorrqj;ted violation of- za:ning, housing, building, sllfety or flre ordinances. 45S 16. TITLE, SURVEYS, AND COSTS (1-98) . .. . . . 461 (A) The Property i$ to be conveyed free and clear of all liens, encumbrance$, and easements, EXCEPTING HOWEVER the following: existing ~51 deed restrictions, b~i1ding restrictions, ordinances, easements of roads, cqsemcnts visible upon the ground, easements. of record, privileges or 458 rights of public service companies, if ~ny; otherwise the, title to the above dCi'lcribed real estate shull be good and marketable nod such as will ,k~ be insured by a reputable TItle Insurance Company at tlie. regulW' rates. (B) In the event SeUer is unable to give a good and markelable title and such as will be insured by a reputable Title Company at Ihe regular rates, .1(;' as specified in paragraph 16(A), Buyer. shall have the option of taking SlIC~ litll~ as Seller Clln give without changing the price 01' of being repaid ~6:' all monies paid by Buyer to Seller on account of purchase price and Seller:tihllll reimburse Buyer fol' /.Iny costs incurred by Buyer for those items ,Id specified in paragraph 16(C) and in paragraph 16(D) items (I). (2); (3); ~ijd in the lauer eventlhere ,hall be no fulther Iiubility or obliga,;on on ,64 eilber of Ibe parties hereto and this Agreement 'hall become NULl.. und YOlD, '1'5 (C) Any surveyor surveys which may be required by the TItle Insurance COfnpallY or the abstr-JCling attorney, for the prepiU'lIIion of an adequate ili5 legal description of me Property (or the correccion thereot), shall be secprcd and paid tor by Seller. However, any surveyor surveys desin.'tl by .l{i? Buyer or required by Ibe mongage lender shall be secured and paid. for hy Buycr, ' M (D) Buyer shall pay for the following: (I)'Thepremium for mechanics lien Insurance und/ortitle ,eurch, or fee for <onCellalion of ,ame, if any; .5' (2) The pn:mhul1s for flood insumnce and/or fire insurdnce with extended covcl'Uge, insurance' bi,nder charges 01' cancellD.tiol1 fee, jf any; .170 (3) Appraisal fees and charges paid in, advance to mortgage lender, ,if Itny~,(4) Buyer's customary sCLllcment cosLs and accruals. 0\71 17. ZONING CLASSIF1CATI0N (1-S8) .. m FaiJur~ ol'lhill AgN~m~nt to conwin the zoning classification (exccpl in cases where the property f and each parcel thereof, if subdividable I is 473 Zoned .solely orprimarily..J:P permit single-family dwellings) shall render this Agreement voidable al the oplionot'the Buyer',and, it'voided, uny 41.1 deposits tendered by t uyer shall be reI ~ed-to ~ Buyer without any requirefl.1ent for cOUI1 action. -1h Zonlng ClassllIeation: 0 , m o ELECTED. Within _ days of the. execution of this AgreeOJl.mt, Buyer w-ill verify that the existing use of the Property as -t17 . ". is penniUed. In Ibe ',event the use is not permitted, Buyer will, within the time given for 479 veriftcation, notify Agent for Seller, ifany; oth~rwise 'Seller, in writing thp1 the existing use of the Prop;my is not permiu~d and this Agreem('1lt 47!l will be NULL andVOID, in which case all deposit monies paid on accouqt of purchase price shall be returned promptly to Buyer. Buyer's fall- 4&0 ure \0 respond within the given time ,hall constitut;,a WAIVER olth", contingency and all other terms 01 this Agreemenl of Sale remain 451 In fuU foroe and e!TeaL m 18.' .CO~ NOTICE . 483 , iW' Nor APPUCABLE 484 . 0 APPUCABLE , . 485 nus DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE oR. INSURE THE TITL~ TO THE COAL AND RIGHTS OF"SUPPORT UNDERNEATH THE SURFACE LAND 486 DBSCRtOEID OR REFERlUID TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COA" t.1AY HAVE THE COMPLETE LEGAL RIOHT TO REMOVE ALL SUCH COAL AND 467 'IN THAT CONNECTION\ DAMAOE MAY RESUi.TTO THE SURFACE OF THE LAND ANO"ANY HOUSE. BUILDINO OR orHER STRUCTURE ON OR IN SUCH LAND. (This iles notice is set forth in the manner p'rovided in Section 1 oftheAcl of July 17, I~S7, Pol. 984.) "Buyer acknowledges that he may not be Obtaining the 411~ right of protection against subsidence resulting from coal mining operations, 4nd that the property described herein may be protected from damage 'l~U due to mine subsidence by a private conlract with the owners of the economic lnterests in t~e coal. This acknowledgment is made for t~e purpos~ of ,191 complying with the ~rovisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 492 to sign U1e deed fcorn Seller which deed will contain the aforesaid provision. ~ 19. OOssESSION (1'S8) 494 (A) Posse..lon is to be delivered by deed, keys and: 495 J. Physical possession to a vacant-building (if any) broom clean, free pf deQris at day and time of settlement, AND/OR 49G 2. Assignment of existing lease(s), together with any security deposits and interesl, at time of seulement, if Property is lenant occupied at the 497 execution of this Agreement or .unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at ,juS time of signing of this Agreement of Sale, if Property is tenant occupied. ';',W (B) Seller shall not enter into any new leases, -written extension of existing leases, .if any, or additional leases for the Pro~I1Y withoul expressed 5UQ written consent of Buyer.' 5C1 20. RECORDING (3-85) .This Ageement shall not be recorded In the Office for the Recording of Deeds or in nny other office or place of public record 5112 and if Buyer causes or permits this Agreement to be recprded, Seller may eleci to irelit such act as a breach of,thisAgl"cement.. $03 :no ASSIGNME~T (3.;as) This Agreement shall be binding upon the, parties, I~eir respeclive heirs, personal representatives, guardians and l'iUcccssors. 5U4 and to the extent assignable, on the assign& of the panies hereto. it being expressly understood, however, thai Buyer shall notlransfer or ussign this SUi . ,Agreement without the written consent of Seller. GOG n. DEPOSITANDRECOVERYFUND(1098). ' .. .. .... .... ., . iD7 (A) Deposits paid by Buyer within 30 days of settlement ShAll be by cashier's or cel1ified ch~ck. Deposits, regardless of the form of pnymenE and S08 the person designated as payee. shall be ,paid to Agent identified in paragraph 3(F), who shall re~in them in an escrow account until consum- 5(19 mation or termination of this Agreement in conformity wiUl aU appl/l:.'Ublc lu\W! Qlld n:guludollll. Agent ma)' hold an)' unc<zshed check r('nde~d S1D as deposit pending the acceptance of this offer. 511 (B) In the event of a dispute 'over entillement to deposit monies, the Agent holding the deposit is required by the Rules llf!.d Regulations of the State 512 R~"I E,tllte Commission (49 Pu, Code 135.327) 10 remin Ihe monics in "crnw \lnril rhc <lispllle is resnlvcd, In the event'nf litis.t;on for the 513 return ot'deposit monies, Agent shall tlistribule the. monlcs us tlirc~lcLl by a rima! IJi.dcl" ul' cUln'l or tllc wl;.Ueu Agl"celllclIl oj the Vl1llic:s. UUYCJ "~14 and Seller agree thai, in the event any Agent herein is joined in lipgation for the retum'of depo,~il monies, the JlItorneys' fees and COSIS of the 515 Agent(8) will be paid hy Ibe pany joining ~leAgent. 511 517 518 510 520 ;:&0 ..~3 ~. Buyer Inlllifi;Y~/Ljd-- AlS Re.,idenll~1 Pa~c 6 .of K . Seller Initials: "'-- ,. - ", ~=, ~~" ~ 'I ..' '.,-? J Buy.rl.lt!llblL~V/'~" """,,!",. "1'-- I , ~" ""]""'.''<''. . CJ NOT AVAlLABLE . [J' WAIVED, Buyer and Seller unJ!el1ltand llwtth~y may choose 10 mediate al a later dare, should a dispule arise, bUI thallllere will be ho oblig- ';;.rt "r~~~~,:~.~fa~~I~~Y':~r~o~~,~',_":' '~." .'~;:'~' .;: '",. ,'; ." .~, . . ': ',' , " ,'.' j' -' " '. ,., : (A) Buyer .llIId 8eller>\,1I1 try to resolve ""y dispute or claini that maY'arise from lhis Agi~men~,;>iSale uirougb rUedialion. in accordance with lh!l Rules and Procedures of the Home SellersIHome Buyei'$ Dispute Resolulion Sy!uem. An)' agreement reached through a mediation conference and signed by the panies will be binding... . . . . ,(B) .Buyer and Seller acknowledge thot they bove received. read, ond understandlhe Rules ond Procedures of the Home SeUersIHome Buyers ,,' 'Oispule ResolutionSyctem. (See Mediation'N,otice.)' .' , . . :.- .I! . : (C) This agi'ee~ent 'to mediate disputes arisIng- from this Agreement shall survive senlem~nt. ' ;,g ,20' i21 ~, iii' 624' 625 126 621' i21' i21 130 Buy.. and SeUer acknowledge thai they ha.e read and undersiand the notices and explanatory InformaUon regarding property condlUon Inspee. i31 Uon..etforlh on Ille bad< or tblt.fonn. ..... . m.: . .. . . . .., . 633. .NOTICE TO PARTIES: WIlEN SIGNED; THis AGREEMENT IS A BINDING CONTRACT, Relurn by fa~m11e tnw..w.lon (FAX) of this 534 Agreement of Sale, and all addenda, bearing the sJgnatures of,all partl~s, eanstJtutes acceptance or this Agreement. PartIes to this transaction ::: ::Oc;:llan;UD~::Z;::~theYd":::~~:~ /' DATEc:&s:L 634 WrrNF.ssJl(P,(l J/) r: o-it.<A...." ' BUYEi(:;::::";ri~.r:-')fl'jJ.":-&u .. DATE'~ Ui W,1TNFS!(... BUYER l' DATE 640 141 142 S~lIer here~y "l'~ve;' ~ al1<>vecontract this eg. i44 i4i S4i.' 6.7 S4i 141 i5D 651 i52 i53 654 656 ." .' 666 &57 8",.....bli~ 55i i51 &60 BII)'<<'llnlllall i51 5i2 663 BII)'tI"'lnlli.,,' 614 .m .. HI 8U)'Ct'llnU 661, " 66i. 6&9 BIiF' . ciMll 67D"'I"' 171' .. ,. :'.:. \- :.....:...,< ; .lS12'J:"Bu)W>illlldali.."l;. Jitr':;".'I-"', ,"",':':. .',," Ill.....:;'!..' .'\.... &73 -'I'~~' ;'" 1 ,: Ji......, I.; Jj':",_ ",,' ,- .;'''' '..I "'I, 514 SeDer'i Acknowledgmenl- , . .. .. . i16 . ,., .' Seller acknowledges receiptofa separate Buyer'i services agreement with Agenl for Seller or Subagenl for SeUar, ' '."!.' .,.,,: '" 1i76~lnltiab &1l m m 6io' 6il 6iZ m 684 6i5 6iS . 611. m SSi 610. 661 612 6ri ..' . ..' . '. . . . ".. . 614 'AGENT FOR SELLER'(e.iilli8Jly Name) 6i6 . ACCEPTED BY ( .<: . 6i6 . ts..... 617 i91 611 100 ..m 7" 103 104 105 106 101 ..1118 101 na 111 . LL. ER '~.''''"l c;:;....:..."! ...L-'~ -, ~.c... SELLER .... SELLER Seme.. to Buyer " . In col\iuncUon with this Agreement of Sole; byinitl~ng below, Buyer outhorizei Subagenl for Seller, if any, or Agent for Seller to perform the following service. on Buyer's behalf: .'. '. . '. . . . 'j. Order nUelnsurance from. any reputable 1i~e Insurance Company.. Order Homeowner's Insurance with coverige in th~ amount of $ ',,,, 'l':', ?rder.Fire &. Extended Coverage Insurance willi .ovetagein the lUJ'ounl of $ . ,"'I'll '.',\"/', 'j.' '..',' f "';'.. Qrder Flood 'Insurance with cov'erage in the amount 'of $ .;'.. t.~ ;~....." '" \., , :',..;.....1:. uye,:; Seivices':v..;".1/1 /),; t (1/t,f,pI.'A ; (.~' '.. . 71 < . ~~ Fee:$ '''''''5'':'''/6':;''':' ,/' "'''''. "': 6-. ,k.., , ... !"!. . \\; , ~., ~','l'l' . . 610 """;''-1,.11:11.;1,,, 61\ , .'.f.' . , 'I"'" 'I'. "; " ',! I:. . , '.:~. " " .',:',,'.>:' .. . i12 ... 613 614 .,.1675 .616 .' '. ..,.;" &71 118 i19 6iO 681 Si2 SS3 6i4 6i5 616 6S1 liS 6il i!lll 6S1 Si2 583 694 i95 S9S 697 'S9S '699 100 701 10' 70' 704 105 7U, 701 lOS 101 710 111 , . .i:.j..jiL':')' "'1' ;.'l.t ;>1''';'''>'''' '1' ,J-. ".;d ;,,',\... , ' .',i'..., '.1 ' ". ~". B,l'I'I<<rr'~Agept."~r\\ll""dQAfi(~aUlb4lw.e~PI/el!W.): ,. ". . . .. .' .. .. '.' .',. ''', ' ..'. ',' . .' . 0 'Regardlilg LOad~Based l,'~lnt IlazardsDJsclosure: .R~ulred ~'Pro""rty was buUt before l!l78, The uq~erslgned Agenll In~olved In this . 'raDsactioh. on behalf of themselves and their brokers, certify thaI their \llilements are trUe to lhe best of lbeir knowledge and belief. Agents' Aclinowledgmenl' .The Agents involved in this transuction have informed Seller of Seller's obligalions under The ResidenUal Lead Paint Hazaid Reduclion Ac~ 42 U.S.C. 48S2(d), and are aware of Iheir ~,ponsibililY 10 en,ure compliance. o Regarding FHA Mortgages: The undersigned Agents invnlved in tbis transaclion, on behalf of themselves and their brokers, cenify that the terms of this contract-for purchase ~-U'Ue to the best of their knowle4s+, and belief. and that any other agreement cntered into by any of ' these . parties in connection wilh.this transaction is attached to this Agreement pf Sale. rVReunlln& Med1alIon: _ThjollOdersigned ... . ..~ ,., IiY' Agent for Seller~genl fo<, Buyer 0 Subogen' for Seller , '.. ' on behalf. of,themselves AAd their brokers. agree to submit to mediation in accor~.!mce With paragraph 30 of thiS Agreement. '" - SUB.AOENT.FOR SEl,.LER (Company Name) . ACCEPTED BY (5l_ot._"~l. DATE . . AGENT FOR BUYER (1:0 A~DBY. (SIll''' .../~. '-'2(7'/. .N. l-A--' Buyer lniUaf . .. - . AIS ResldenUnl PURC 8 uf II . SeUer I.IU..., C >-...... ,::> 620 621 512 623 i24 ~25 621 i21 i2i 62i 636 631 632 633 i34 636 63i i31 m i39 S4D i41 142 643 i44 146 646 641 64S 649 650 661 652 653 654 655 Sii 657 i6i 651 ISO SS1 6'2 663 614 .,665 SS4 6i7 iSi iSl ~ '. ,"-- r' ~" 0\1:11' FROM Hale Real Estate TO 4235.522 P. 02 Ih'w&t tI~.~- . . 19!Ji, by and between I "j i ! i i ! /Cf7 ~J.t ~;~ ,[k~ . , l'~nnsylvan.ia, I . . ' .: . . . 1 ~. i '. This A.d~ . . be, attached to and made a part of Agreement of Sale ~ 111 . h 9ffi by and i between ihe i arti herem. . ! " i.tt ~i'#fc.utJlJ,e.t..4$+ FN.;tf .p;fJS ,)v(}ptLl..itrs. 6/?fJWf'!o{..fM-N '/0 bdt-tMSf .~ TIS'AG D SFOLLOWS: . . " , . . ' :! .~ ,,: ' ~ 7 tJ. . i ki1 €..J. ! I ! , i i , . TOTAL P.02 '1 ..".._ CERTIFICATE OF SERVICE I, Lee A. Stivale, Esquire, Attorney for Defendants, hereby certify that on this 13th day of June, 2000, a true and correct copy of the attached First Amended Answer, New Matter and Counterclaim was served upon the following by regular mail: Sally J. Winder, Esquire 701 E. King Street ~ Shippensberg, P A 17257 / /;J> / /~ ~??'". / / / ; L/ Lee A. Stivale, Esquire --"" 15 .', -'--'. ,.-, VERIFICATION The party involved is outside the Commonwealth and the verification of the same could not be obtained within the time allowed for filing the pleading. In absence of the original verification which will later be substituted, I, Lee A. Stivale, Esquire, hereby verify that the statements set forth in this First Amended Answer, New Matter and Counterclaim, are true and correct to the best of my knowledge, information and belief. I make the statements therein subject to 18 Pa. C.S. 4904 regarding unsworn falsification to authorities and the penalties relating thereto. / . 'I ~, / . Date: ~~~.4d . I , !, I~ i, i;~ i! 'I~, ,I I, ~U" ". , l./ll.~ " ~1'j?!!!fJI'itf;I!I'.~ (') 0 C" r:: ."" , ?" ,. :-j T t~-1 "- m , 2} :z :n ;-i -:~,- r- ff) ~'~, - , .:~) -'c L s= U :~) :--... , '" ,-, " i~) - )> C) ~, i~q ~~ -, ~' e:- " "=< CD ()') -< ,,~,_I._~.=. "~_.J Ii!\,,,. _<=~,~ _" .~'. SHERIFF'S RETURN - REGULAR 1/ CASE NO: 2000-01357 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DINDA PAUL VS BEAM TROY ET AL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within WRIT TO ADD'L DEFENDANT was served upon WINDER SALLY J ESQ. the ADD'L DEFENDANT, at 0014:30 HOURS, on the 9th day of May at 701 EAST KING STREET , 2000 SHIPPENSBURG, PA 17257 by handing to SALLY J. WINDER a true and attested copy of WRIT TO ADD'L DEFENDANT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13.02 .00 10.00 .00 41.02 r~~~~~ R. Thomas Kline 05/11/2000 JACKSON, CAVANAGH, STIVALE Sworn and Subscribed to before By: me this IS"!: day of ~ . ,,2tMJ A.D. q'if,"1-- a. ruJ;h J # rothonotary , " - ... , . , PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : No. 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants, v. SALLY J. WINDER, ESQUIRE 701 E. King Street Shippensburg, Pennsylvania 17257 Additional Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the enclosed original verification for the facsimile verification attached to the Answer, New Matter and Counterclaim. L ,tiva e Attorney for the Defendants, Troy Beam And Forest Acres Trust ID# 46511 1489 Baltimore Pike, Suite 301 Springfield, PA 19064 (610) 604-4970 << - I_"~ " ~,_.- . CERTIFICATE OF SERVICE I, Lee A. Stivale, Esquire, Attorney for the Plaintiff, hereby certify that this day of May 2000, a tnle and correct copy of the attached Praecipe to Substitute Verification was served upon the following by regular mail: Sally J. Winder, Esquire 701 E. King Street Shippensberg, P A CO Date: May;('2000 MaY, 1, 2000 3:59PM JACKSON CAVANAGH & STIVALE,P.C. No.4657 p, 2 VERIFICATION 1, Andrew C. Earp, hereby verify that the statements set forth in this Answer. New Matter and COU.llterclaim, are true and correct to the best of my knowledge, information, and belief. I make the statements therein subject to 18 Pa. C,S. 4904 regarding unsworn falsification to authorities and the penaltienelating thereto. Date: t::Ld~L_[&r~ Andrew C. Earp, 'l'rustee . ,~-"~ ,~- , - ~ '1 PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : No. 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. v. vUo K~ 8vu" SALLY J. WINDER, ESQUIRE 701 E. King Street Shippensburg, Permsylvania 17257 Additional Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the enclosed original verification for the facsimile verification attached to the Answer, New Matter and Counterclaim. L . tivale Attorney for the Defendants, Troy Beam And Forest Acres Trust ID# 46511 1489 Baltimore Pike, Suite 301 Springfield, PA 19064 (610) 604-4970 )]~L\, r ' , , ". ,~ ... < CERTIFICATE OF SERVICE I, Lee A. Stivale, Esquire, Attorney for the Plaintiff, hereby certify that this day of May 2000, a true and correct copy of the attached Praecipe to Substitute Verification was served upon the following by regular mail: Sally J. Winder, Esquire 701 E. King Street Shippensberg, P A CO Date: May!'2000 fi;'., . -~ I' ( "~'r'r~- ~ j/i:![l .. No.4657 P. 2 MaY. 1, 2000 3:59PM JACKSON CAVANAGH & STIVALE,P.C. VERIFICATION 1, Andrew C. Earp, hereby verify that the statements set forth in this Answer. New Matter and Counterc1alm. are true and correct to the best of my knowledge, information, and belief. I make the statements therein subject to 18 Pa. e.s. 4904 regarding unsworn falsification to authorities and the . penalties'relating thereto. i/~~LJ~ft.1:z~ Andrew e. Earp, Trustee " Date: -"," .'~ , " 1"'_' "' - . ~ ~-- ;1 :i ;1 :j ;'1 Ii 'I il :;1 ~~JIl!l!_~ --1 , " ) 0 c:> 0 c.: 0 " ,- ::JI: ~.,-! -rjW ~ ~~~ :a fTlr<1 '" '.'r...... 2:1:J :-R~ ~j~~ U1 t~~ ~a "-0 :-- (~-.- d;C) .... .::,,,,,() ''''0 t:: Orn PC: :P! ~ (11 ~ -~- ""-III!I-- ~. ""."-!II PAUL DINDA and MARY DINDA, his wife, Plaintiffs, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 2000-1357 CIVIL TERM TROY BEAM, individually, and FOREST ACRES TRUST, Defendants. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the enclosed original verification for the facsimile verification attached to the Defendant's First Amended Answer, New Matter and Counterclaim. Res ectfull Lee A. Stivale, Esquire Attorney for the Defendants, Troy Beam And Forest Acres Trust ID# 46511 1489 Baltimore Pike, Suite 301 Springfield, P A 19064 (610) 604-4970 "''1-'- " ,,~ .. ~ - ,c_ , Jun.21. 2000 12:04PM JACKSON CAVANAGH & STIVALE,P.Q. No.5857 P, 2 . VERIFICATIClN I, Andrew C. Earp, hereby verify that the statements set forth in this Answer, New Matter and CoWlterclaim, are true and correct to the best of my knowledge, information, and belief, I make the statements therein subject to 18 Pa. C.S. 4904 regarding Wlswom falsification to authorities and the penalties relating thereto. Date: t!~( 1&0 ;U;~~~ Andrew C. Earp, Trust " ~, . .- CERTIFICATE OF SERVICE I, Lee A. Stivale, Esquire, Attorney for the Plaintiff, hereby certify that this 27TH day of June,2000, a true and correct copy of the attached Praecipe to Substitute Verification was served upon the following by regular mail: Sally J. Winder, Esquire 701 E, King Street Shippensberg, P A (., -.--------. ) Date: June 27,2000 ,',"'f- "I,~'