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HomeMy WebLinkAbout02-5755J. ROBERT SNYDER and HELEN T. SNYDER, 608 Hearthstone Lane Mount Joy, PA 17522 V. MICHAEL L. BANGS, 302 South 18`h Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. !70 - S'/SC (21 u;1 !fn PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Issue Writ of Summons in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania, against MICHAEL L. BANGS, 302 South 18`h Street, Camp Hill, PA 17011. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Date: ! V By: Anthony Marc Hopkins, Esquire Attorney I.D. #47394 Attorney for 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 _ -?, ?- N ? ? ?,? ? ? . .--, ?, -?? ,? ?- ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WRIT OF SUMMONS - CIVIL ACTION TO THE SHERIFF OF CUMBERLAND COUNTY: J. ROBERT SNYDER and HELEN T. SNYDER V. No. l r r?? ? E11.1-y1 MICHAEL L. BANGS TO: MICHAEL L. BANGS You are notified that J. ROBERT SNYDER AND HELEN T. SNYDER, plaintiff(s), have commenced an action against you. Date: PROTHONOTARY Nikolaus & Hohenadel, LLP Anthony Marc Hopkins, Esquire, I.D. #47394 Attorney for Plaintiffs 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 J. ROBERT SNYDER and IN THE COURT OF COMMON PLEAS HELEN T. SNYDER, OF CUMBERLAND COUNTY, 608 Hearthstone Lane PENNSYLVANIA Mount Joy, PA 17522 V. NO.? - S 7SS l 'i MICHAEL L. BANGS, 302 South 18`h Street Camp Hill, PA 17011 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Nikolaus & Hohenadel, LLP by Anthony Marc Hopkins, Esquire, on behalf of the Plaintiffs, in the above-captioned case. NIKOLAUS & HOHENADEL, LLP By: G? v,t 7 Anthony Marc Ho gins, Esquire Attorney for Plaintiffs I.D.#47394 212 North Queen Street Lancaster, PA 17603 Date: 1 D 6'2-- (717 299-3726 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05755 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND SNYDER J ROBERT ET AL VS BANGS MICHAEL L VALERIE WEARY Cumberland Sheriff or Deputy Sheriff of sa County,penns ylvania, who being duly sworn according ys the within WRIT OF SUMMONS to law, BANGS MICHAEL L was served upon DEFENDANT at 16_ 0= the at 302 SOUTH 18TH HOURS, °n the 4th da STREET ?' Of December , 2002 CAMP HILL, pA 17011 MICHAEL BANGS by handing to a true and attested copy O RIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed 18.00 10.35 .00 10.00 - 00 38.35 So Answers: R• Thomas Kline } me this v/k--_ d)ay of "M'"'? dG1 A.D. r o /1 n ;Prot honotary to before 12/05/2002 NIKOLAUS HOHENADEL By: Zep Sheriff J. ROBERT SNYDER and HELEN T. SNYDER, Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-5755 Civil Term MICHAEL L. BANGS, Defendant CIVIL ACTION - LAW NOTICE OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearance on behalf of Defendant, Michael L. Bangs, in the above captioned matter. Respectfully submitted, METTE, FVANS & WOODSIDE By: t e Si pson, quire Su eme rt I.D. #28960 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Michael L. Bangs DATED: December 24, 2002 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the forgoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Anthony Marc Hopkins, Esquire 212 North Queen Street Lancaster, PA 17603 METTE, EVANS & WOODSIDE By: Kat ryn Si pson, quire Sup. Ct. I. . No. 28960 3401 N. Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendants Dated: December 24, 2002 :313844 1 C ? rnr ? cn cn 4.. , " C) j i J. ROBERT SNYDER and HELEN T SNYDER, Plaintiffs V. MICHAEL L. BANGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 02-5755 Civil Term CIVIL ACTION - LAW PRAECIPE FOR RULE TO FILE COPVIP _Iar1vT TO THE PROTHONOTARY; Issue Rule directing Plaintiffs to file a Complaint in the above matter within twenty (20) days or judgment of non pros will be entered. METTE, EVANS & WOODSIDE By: DATE: October 26, 2004 OWUt. I. D. #28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant J. ROBERT SNYDER and HELEN T SNYDER, Plaintiffs V. MICHAEL L. BANGS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, pA No. 02-5755 Civil Term CIVIL ACTION - LAW RULE TO FILE COMPLAIIV_T TO: J. Robert and Helen T. Snyder c/o Anthony Marc Hopkins, Esquire 212 North Queen Street Lancaster, PA 17603 You are hereby directed to file a Complaint within twenty (20) days or Judgment of non pros will be entered. DATE: nC4. a,2 Z? Y PROT -d - - NOTARY CERTIFICATE OF SERVICE I certify that I am this day se r<Ing a copy of the forgoing document upon the person(s) and in the manner indicated below, requirements of the Pennsylvania Rules same of Civil Procedure cb service satisfies the in the United States Mail at Harrisbur by depositing a COPY of prepaid, as follows: g, Pennsylvania, with first-class postage, Anthony Marc Hopkins, Esquire 212 North Queen Street Lancaster, PA 17603 By: Dated: October 26, 2004 o'*u.! A. Front Street P• O. Box 5950 Harrisburg PA 17110-0950 (717) 232-5000 Attorneys for Defendant 409616v1 METTE, EVANS & Wnnner,,,, N -i r7 l J __ l.J we C.. V Anthony Marc Hopkins, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 9717) 299-3726 FAX (717) 299-1811 E-mail: thopkins@nikolaushohenadel.com Attorney I.D. # 47394 Attorney for Plaintiff J. ROBERT SNYDER and HELEN T. SNYDER In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law Plaintiffs VS. No.: 02-5755 MICHAEL L. BANGS JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD To: Michael Bangs c/o Kathryn Lease Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Complaint within twenty (20) days of service hereof, or a default judgment may be entered against you. Date: I a 10/).J Vq NIKOLAUS & HOHENADEL, LLP BY. Anthony Mar opkins Attorney for Plaintiffs Anthony Marc Hopkins, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 9717) 299-3726 FAX (717) 299-1811 E-mail: thopkins@nikolaushohenadel.com Attorney I.D. # 47394 Attorney for Plaintiff J. ROBERT SNYDER and HELEN T. SNYDER Plaintiffs VS. MICHAEL L. BANGS Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No.: 02-5755 JURY TRIAL DEMANDED COMPLAINT 1. One Plaintiff in this case is Mrs. Helen T. Snyder, an individual residing at 608 Hearthstone Lane, Mount Joy, Pennsylvania 17522. The other original Plaintiff, Dr. Robert J. Snyder, has died. A Rule 2355 Notice of Death is filed of even. date herewith and his successors will file a Rule 2352 Statement of Substitution. At all times relevant to this case Dr. Snyder and Mrs. Snyder resided in Cumberland County, Pennsylvania. 2. The Defendant in this case is Michael L. Bangs, Esquire, a Pennsylvania attorney with a principal place of business at 302 South 18`h Street, Camp Hill, Cumberland County, Pennsylvania 17011. At all times relevant to this case, Defendant performed legal services for Plaintiffs in Cumberland County with regard to real estate located in Cumberland County. COUNT I PLAINTIFFS v. DEFENDANT NEGLIGENCE 3. The averments of paragraphs 1 and 2 are incorporated by reference as though set forth at length herein. 4.' At all times relevant to this lawsuit, Plaintiffs owned two adjacent parcels of ground in Cumberland County, Pennsylvania, both of which were owned by the Plaintiffs. 5. One parcel ("Parcel No. 17) was a plus or minus 5-acre parcel of ground with improvements. 6. The second _parcel was a 100- plus acre parcel adjacent to Parcel No. 1 and contiguous therewith,-hereinafter referred to as Parcel No. 2. 7. Parcel No. 1 and Parcel No. 2 comprised the "Snyder Farm". 8. The Snyders' house was on Parcel No. 1 and Parcel No. 2 was raw land. 9. There was a landfill operation adjacent to the Snyder Farm. 10. The landfill was owned and operated by Community Resource Services, Inc. ("CRSI") or a related company or by the parent company of CRSI, Waste Systems International, Inc. ("WSI"). 11. CRSI opened negotiations with Snyders as to the Snyder Farm and, through its counsel referred Snyders to Mr. Bangs. 12. On or about July 281, 2000, Snyders retained Mr. Bangs and Dr. Snyder gave Mr. Bangs handwritten notes (the "Snyder Notes") setting forth a proposed transaction based upon the Snyders understanding of the preliminary discussions with CRSI. True and correct copies of Dr. Snyder's handwritten notes and Mr. Bangs' engagement letter are attached hereto and incorporated herein as "Exhibit A". Mr. Bangs received consideration for his services in the form of attorney fees paid by or on behalf of CRSI pursuant to an oral agreement between Snyders and CRSI. No. 02-5755 - COMPLAINT -2- 13. The Snyder Notes to Mr. Bangs called for a sale of Parcel No. 1 and the grant of an option for three years to CRSI as to Parcel No. 2 14. As more fully set forth hereinafter, the Snyders ultimately sold Parcel No. 1 and Parcel No. 2 to CRSI and thereafter, on or about July 15, 2002, suffered injury as to the sale of Parcel No. 2 as a consequence of breaches by Mr. Bangs of the applicable standard of care. 15. In his representation of Plaintiffs, Attorney Bangs had a duty to use at least the ordinary skill and care expected of an attorney in representing; the best interests of the Snyders to advise and explain to Snyders in readily understandable terms the progress of negotiations and the details of the proposed transaction before Snyders committed themselves. 16. At the time Attorney Bangs commenced his representation of the Snyders as regards Parcel No. 2, the Snyders were not under any obligation to sell Parcel No. 2, or any interest therein, to CRSI or to sell Parcel No. 1 or any interest therein to CRSI. 17. Between August 1, 2000 and August 9, 2000, Attorney Bangs negotiated an Agreement for Purchase and Sale of Real Estate between Snyders and CRSI as to Parcel No. 2, but the deal did not conform to the Snyder Notes, instead requiring Snyders to convey Fee Simple Absolute Title to Parcel No. 2 in exchange for an unsecured Note for $85,000.00. (A true and correct copy of the said document is attached herelto and incorporated by reference herein as Exhibit "B"). 18. There was also an agreement negotiated as to Parcel No. 1, but that is not at issue in this case. 19. Under the terms of the Parcel No. 2 Agreement, the Snyders were to be paid in two obligatory payments of $50,000.00 within 60 days of closing and three contingent annual payments of $250,000.00 from CRSI, if CRSI was able to use Parcel No. 2 for its "Intended Use" as defined in the Parcel No. 2 Agreement within a one-year approval period as defined in paragraph 10 thereof, but had no security for the obligation of CRSI because there was no mortgage. 20. CRSI put Parcel No. 2 to its "Intended Use" as defined in the Parcel No. 2 Agreement vesting Snyders right to receive the balance due of $750,000.00 in three annual installments commencing September 1, 2001. No. 02-5755 - COMPLAINT -3- 21. Attorney Bangs failed to use or ordinary care and skill in representing the Snyders with regard to the Parcel No. 2 Agreement and advising them. 22. Attorney Bangs breached his duty to them in that prior to execution and delivery by Snyders of the Parcel No. 2 Agreement, Attorney Bangs: (a) never advised the Snyders nor explained in readily understandable terms that CRSI would not be executing and delivering a mortgage; (b) never advised the Snyders nor explained in readily understandable terms that the Snyders would be conveying fee simple absolute title to Parcel No. 2 to CRSI without a mortgage or other security; (c) never advised the Snyders nor explained in readily understandable terms the risk the Snyders were running because there was not going to be a mortgage or other security instrument in their favor securing the obligation that CRSI to make annual payments under the terms of the Parcel No. 2 Agreement; (d) never advised the Snyders nor explained in readily understandable terms that the deal with CRSI generally and the Parcel No. 2 Agreement, in particular, did not conform to the Snyder Notes; (e) failed to clearly and unambiguously explain the entire transaction to the Snyders, prior to their execution and delivery of the Parcel No. 2 Agreement and related transactional documents; and, (f) failed to clearly and unambiguously explain that under paragraph 10 of the Parcel No. 2 Agreement, the Snyders were at risk of receiving only $50,000.00 in consideration for the conveyance of Parcel No. 2. 23. The Snyders and CRSI executed and delivered the Parcel No. 2 Agreement on August 9, 2000, the Snyders having been represented in negotiations by Mr. Bangs and having relied upon his advice. 24. Because Attorney Bangs failed to explain the risks set forth in paragraph 22 above, the Snyders on August 9, 2000 did not understand the Parcel No. 2 transaction but, instead thought they were entering an option agreement as to Parcel No. 2. No. 02-5755 - COMPLAINT -4- 25. Had Attorney Bangs on or prior to August 9, 2000 adequately and clearly explained the details of the Parcel No. 2 transaction, then and in their event the Snyders would not have executed and delivered the Parcel No. 2 Agreement, nor the transactional documents for the related sale of Parcel No. 1. 26. There were subsequent non-material amendments to the Parcel No. 2 Agreement. (True and correct copies of which are attached hereto as "Exhibit C"). 27. The Snyders and CRSI closed on the sale of Parcel No. 2 on September 15, 2000 at which time the Snyders executed and delivered documents presented to them, which documents included a deed to Parcel No. 2. (A true and correct copy of which is attached hereto and incorporated by reference herein as Exhibit "D"). 28. At closing, CRSI executed and delivered a Promissory Note for $850,000.00 (the "Note") as to Parcel No. 2 and subsequently timely made the first two payments of $50,000.00 required thereby. (A true and correct copy of which is attached hereto and incorporated herein as "Exhibit E"). 29. On or about January 11, 2001, CRSI filed a Chapter 11 Reorganization Petition in the United States Bankruptcy Court for the District of Delaware and was "Debtor in Possession" with regard to its continuing obligations, including, for purposes of this litigation, its continuing obligations to make payment over time to the Snyders at the rate of $250,000.00 per year for three years commencing on September 1, 2001, for a total of $750,000.00. 30. CRSI did not initially list the Snyders as creditor to whom it had an obligation but inaccurately did list them as individuals to whom it had made payments within 90 days prior to filing the Petition for Relief. 31. Snyders received notification that they had not been listed as creditors on or about February 1, 2001. 32. Snyders referred the bankruptcy matter to Attorney Bangs. 33. Attorney Bangs referred Snyders to bankruptcy counsel, who on or about March 21, 2001 advised Snyders that they were unsecured creditors in the CRSI Chapter 11 case, which was their first notice that the remaining obligations of CRSI were unsecured. 34. The next CRSI payment obligation under the Notre arose on September 1, 2001. No. 02-5755 - COMPLAINT -5- 35. On September 1, 2001 CRSI, still "Debtor In Possession" and in control of its affairs in the bankruptcy case, failed to make the September 1„ 2001 payment of $250,000.00 to the Snyders and instead defaulted on that obligation. 36. Because the Snyders did not have a mortgage or other security agreement as to CRSI's obligation to make three annual payments of $250,000.00 for the purchase of Parcel No. 2, the Snyders were unsecured creditors in the bankruptcy and were put as risk of harm on September 1, 2001 when CRSI defaulted. 37. But for Attorney Bangs' breaches of his duty in failing to properly advise them and properly explain the deal, the Snyders would not have sold Parcel No. 2 to CRSI, in which case they would not have been put at risk of harm on September 1, 2001. 38. Subsequently, in part because of the value added to the CRSI landfill operation by Parcel No. 2, there was an auction for various CRSI assets in the bankruptcy case. 39. The auction was held to provide funds for a pro-rata distribution to unsecured creditors of CRSI. 40. Pursuant to that auction, the Snyders, on or about July 15, 2002, received $502,500.00 on their unsecured claim of $750,000.00, thus curing the CRSI default of September 1, 2001 and making the CRSI September 1, 2002 payment in advance with a balance of $2,500.00 to be applied to the September 1, 2003 payment. 41. However, following receipt of the auction proceeds as regards their unsecured $750,000.00 claim, the Snyders could not and cannot receive further proceeds in the CRSI bankruptcy proceeding as to the remainder of their claim, a total of $247,500.00 from the payment due under the Note on September 1, 2003. 42. Thus on or about July 15, 2002, the Snyders suffered damages in the amount of $247,500.000, which was the remainder of the obligations of CRSI under the Parcel No. 2 Agreement and Note, which damages were proximately caused by Mr. Bangs breach of his duty to the Snyders as more fully set forth above. 43. After retaining bankruptcy counsel on or about March 1, 2001, the Snyders incurred attorney fees and costs in the bankruptcy case totaling $39,126.41 which were damages suffered and proximately caused by Mr. Bangs breach of his duty as more fully set forth above. No. 02-5755 - COMPLAINT -6- 44. Mr. Bangs' breaches of his duty to the Snyders suffering damages in the amount of $286,626.41 an amount in excess of the jurisdictional limits for mandatory arbitration in Cumberland County. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount of $286,626.41, an amount in excess of jurisdictional limits for mandatory arbitration in Cumberland County, Pennsylvania, plus attorney fees, costs of suit and other costs allowed by law. COUNT II BREACH OF CONTRACT DR. ROBERT AND HELEN SNYDER v. MICHAEL BANGS, ESOUIRE 45. The answers to the averments of paragraphs 1 through 44 are incorporated by reference as though set forth at length herein. 46. Attorney Bangs' engagement letter of August 1, 2000 created a contract between Attorney Bangs and Mr. and Mrs. Snyder. 47. In his engagement letter of August 1, 2000, Attorney Bangs undertakes to use "utmost efforts" on behalf of the Snyders. 48. "Utmost standards" is the standard of care by which Mr. Bangs agreed to perform his contractual obligations to the Snyders. 49. "Utmost standards" are a higher level of care than the care which Mr. Bangs was required to perform with regard to the tort theory set forth in Count I. 50. As more fully set forth in paragraphs 1 through 41 above, Mr. Bangs materially breached his contractual obligations to the Snyders by failing to protect their interests with regard to the sale of Parcel No. 2 and with regard to failing to disclose to the Snyders the lack of security regarding those obligations, the risks they were running as unsecured creditors, and the specific nature of the transaction which the Snyders were entering in terms sufficiently clear and understandable for the Snyders to comprehend. No. 02-5755 - COMPLAINT -7- 51. As more fully set forth in paragraphs 1 through 41 above, consequential to Mr. Bangs' breaches of his contractual obligations, the Snyders have suffered damages in the amount of $286,626.41, an amount in excess of the jurisdictional limits for mandatory arbitration in Cumberland County. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount of $286,626.41, an amount in excess of jurisdictional limits for mandatory arbitration in Cumberland County, Pennsylvania, plus attorney fees, costs of suit and other costs allowed by law. COUNT III BREACH OF IMPLIED CONTRACT 52. The averments of paragraphs 1 through 51 above are incorporated by reference as though set forth at length herein. 53. There was an implied contract between the Snyders and Attorney Bangs. 54. Under the terms of the implied contract, Attorney Bangs was obliged to use ordinary care in the performance of his contractual obligations. 55. As more fully set forth in paragraphs 1 through 41 above, Mr. Bangs materially breached his contractual obligations to the Snyders by failing to protect their interests with regard to the sale of Parcel No. 2 and with regard to failing to disclose to the Snyders the lack of security regarding those obligations, the risks they were running as unsecured creditors, and the specific nature of the transaction which the Snyders were entering in terms sufficiently clear and understandable for the Snyders to comprehend. 56. As more fully set forth in paragraphs 3 through 41 above, consequential to Mr. Bangs' breaches of his contractual obligations, the Snyders have suffered damages in the amount of $286,626.41, an amount in excess of the jurisdictional limits for mandatory arbitration in Cumberland County. No. 02-5755 - COMPLAINT -8- WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount to $286,626.41 an amount in excess of the jurisdictional limits for mandatory arbitration in Cumberland County plus attorney fees, costs of suit and other costs allowed by law. Date: l a /0'2 U NIKOLAUS & HOHENADEL, LLP BY. Anthony Marc Hopkins Attorney for Plaintiffs No. 02-5755 - COMPLAINT -9- CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Via First Class Mail Kathryn Lease Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 Date: 19-) 0?`"Io7 NIKOLAUS & HOHENADEL, LLP BY: ff Anthony Hopkins Attorney for Plaintiffs VERIFICATION I, Anthony M. Hopkins, Esquire, verify that I am the Attorney for Plaintiffs, and as such, I am authorized to give the verification on their behalf, and further verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I acknowledge that, had I knowingly made false statements in this document, I would be subject to the penalties of a misdemeanor of the third class pursuant to 18 Pa. C.S.A. §4904 regarding unsworn falsification to authorities. Date: P- OZIA NIKOLAUS & HOHENADEL, LLP BY: ? k.K---. Anthony Marc pkins Attorney for Plaintiff No. 02-5755 - COMPLAINT - 11 - Exhibit A J*0-119 / Sv J4 ?4v ----- -___ - - --------?----?._.. - • ? --??? --- ??_ D°.,._._. 0. _-rte ??_. _?,. _.._ _.. c,-.•.tSZ A-c- VAA: _3?z MICHAEL L. BNEiS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: bangslaw@paonline.com August 1, 2000 r F W= l Mr. and Mrs. J. Robert Snyder 575 Newville Road Newburg, PA 17240 Dear Mr. and Mrs. Snyder: This is to confirm that you have hired me to represent your interests in your dispute with the realtor and Mr. Buzzelli as well as negotiating on your behalf of with Cumberland Waste Systems, which is a division of Waste Systems International, Inc. As I indicated to you at our meeting, I will bill you at the houdy rate of $165.00 per hour. I will bill-you every month. You will be responsible for those fees together with any costs that I advance. I understand from discussions with you and Mr. Gutshall that Waste Systems International, Inc., has agreed to reimburse you for your fees. As I indicated to you in our meeting, however, I represent your interest and will continue to do so throughout the course of the litigation regardless of any agreement that you have made with Waste Systems International, Inc., for the payment of your legal costs and fees in this matter. Your responsibility is to send on any invoices directly to them. When we receive some agreement from them, I will ensure that that agreement indicates that they are responsible for the payment: of your fees and costs. If, for some reason, Waste Systems International, Inc., does not follow through with its agreement with you to pay my fees and costs, you of course are ultimately responsible for those fees and costs. If that occurs, you should advise me right away. I do not want there to be any misunderstandings or disagreements between us in regard to my lees and I want to resolve any issues as they arise. If you have any questions about this letter, please let me know. Otherwise, I request that you sign where indicated on the bottom of the letter and return one copy to me in the enclosed, stamped, pre-addressed envelope. Exhibit B AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT is made and entered into this day of, , 2000, by and between HELEN T. SNYDER and J. ROBERT SNYDER, hube wife (collectively, the "Seller") and CONINIUNITY REFUSE SERVICE, INC., a Pennsylvania corporation (the "Buyer"). _ Bac ound WHEREAS, Seller is the owner of approximately 100 acres of land located in Hopewell Township, Cumberland County, Pennsylvania, being Parcel #2 on the Final Plan for J. Robert Snyder, prepared by Steven P. Wolfe, dated 8/13/91, and recorded in the Recorder of Deeds Office in and for Cumberland County, in Book t?Y, Page 20 (the "Property"), a copy of such Plan being attached hereto as Exhibit "A" and made a part hereof; WHEREAS, Buyer is exercising its option to purchase the Property pursuant to that certain Option Agreement, dated July 10, 2000, between Seller and Buyer; and WHEREAS, the Buyer intends to use the Property as a support facility and buffer ground for the Buyer's current landfill, as well as for other uses permitted or conditional under current or future zoning ordinances (the "Intended Use"). NOW9 THEREFORE, in consideration of the mutual covenants and promises herein contained and _ other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Anent to Sell. Seller agrees to sell, grant, transfer and convey to Buyer and Buyer agrees to purchase Seller's interest in the Property, together with all improvements, appurtenances, rights, privileges and easements benefitting, belonging or pertaining to the Property, and all rights, title and interest of Seller in and to the land lying in the bed of any street, road or highway (open or proposed) in front of, adjoining or servicing the Property, including condemnation awards or payments in lieu thereof, and all of Seller's other right, title and inuava in the Property (all of which are part of the Property for purposes of this Agreement), upon the terms and conditions contained herein. 2. Purchase Price. For and in consideration of the selling, granting, transferring and conveying of Seller's interest in the Property in accordance with the terms and conditions contained herein, Buyer agrees to pay to Seller the total sum of Nine Hundred Thousand Dollars ($900,000.00) (the "Purchase Price"). 3. Payment of Purchase Price. Buyer agrees to pay to Seller the Purchase Price as follows: (a) On the date of Settlement, Fifty Thousand Dollars ($50,000.00) in cash, plus or minus (i) any credits permitted by this Agreement and (ii) the 353213.2 net amount of settlement adjustments and apportionments between Buyer and Seller, as provided for in this Agreement. (b) The balance of the Purchase Price shall be paid in the form of a promissory note (the "Note") in an amount equal to Eight Hundred Fifty Thousand Dollars ($850,000.00), which principal amount, accruing no interest, shall be payable as set forth below, the form of the Note being attached hereto as Exhibit "B" and incorporated herein (the "Note"): (i) On the first W) and second (2m) monthly anniversary of the Settlement Date, the Buyer shall pay to the Seller a principal payment of Fifty Thousand Dollars ($50,000.00) in cash, for a total of -One Hundred Thousand Dollars ($100,000.00). (ii) On the earlier of either (A) the first (14) annual anniversary of the Settlement. Date or (B) the expiration of the Approval Period, as defined in paragraph 10 below (the "Trigger Date"), and continuing on each annual anniversary of the Trigger Date until paid in full, the Buyer shall pay to the Seller a total of three (3) principal payments of Two Hundred Fifty Thousand Dollars ($250,000.00) each, for a total of Seven Hundred Fifty Thousand Dollars ($750,000.00). 4. Title: Deed. The selling, conveying and granting of the Property shall be made at Settlement by a special warranty deed containing the usual covenants, granting and conveying to Buyer, its successors and assigns, a good and marketable fee simple title, free and clear of all liens and encumbrances, being such title as will be insured at regular rates by any reputable title insurance company. Buyer shall examine the title to the Property, inspect the Property and take any other action the Buyer deems is necessary to determine the condition of title to the Property. Buyer shall provide Seller with written notification of any objections to the title within fifteen (15) days of the full execution of this Ate. If matters to which Buyer objects are not remedied by Seller, or if Seller is unwilling to remedy the objections and Buyer does not waive its objections, Buyer's obligation hereunder to purchase the Property shall be null and void, and there shall- be no further liability between Seller and Buyer with respect to the subject matter of this Agreement. If Buyer does not notify Seller of any objections to the title within said fifteen (15) day period, Buyer shall waive its rights to object to title defects or the exceptions. Seller shall not create or permit to be created any lien, easement or other encumbrance on the Property from the date of this Agreement until Settlement. 5. Transfer Taxes. The payment of all documentary stamps and transfer taxes due upon the recordation of the deed shall be divided equally between the parties: 1 % by -2- Buyer and 1 % by Seller. All costs associated with recording the deed for the Property shall be paid by Buyer at Settlement. 6. Apportionment. At the time of Settlement, all real Property taxes shall be apportioned on a calendar year or fiscal year basis, as appropriate. 7. Possession. Possession shall be delivered by Seller's delivery of the Deed and other required documents. 8. Settlement Date. Settlement on the conveyance of the Property to Buyer shall be held on August 30, 2000 (the "Settlement" or "Settlement Date"). Settlement shall be held at a mutually convenient time and place. Settlement -may be an earlier time mutually acceptable to the parties so_ long as it is confirmed in writing at least five (5) days in advance of Settlement. At Settlement, the Seller shall deliver to Buyer an executed special warranty deed and other documents customarily executed by a Seller in similar transactions, and the Buyer shall deliver to the Seller the balance of the Purchase Price in accordance with the terms of this Agreement. 9. Buyer's Conditions of Settlement. The obligation of Buyer to settle on the conveyance of the Property shall be subject to the conveyance to Buyer of good and marketable title to the Property as evidenced by a title insurance policy, issued by a title company of Buyer's choice in the full amount of the Purchase Price and subject to only such liens, encumbrances, or conditions as may be accepted by Buyer as provided in paragraph 4. Seller shall deliver immediate possession of the Property to Buyer at Settlement, free and clear of all uses and occupancies, except as provided herein. 10. Auuroval Period. Within one year from the date of Settlement (the "Approval Period"), the Buyer shall (i) perform engineering, topographical, environmental, soil, subsurface and other tests and inspections of the Property, all as the Buyer may determine are necessary and appropriate (collectively, the "Studies") and (ii) take any and all necessary and appropriate actions, as determined solely by the Buyer, to obtain all governmental and public and private permits and approvals in final, non-appealable and irrevocable form (including, without limitation, zoning changes, amendments and/or variances) to allow the Buyer to use the Property for its Intended Use (the "Permits"). If the Buyer completes the Studies and obtains the Permits prior to the expiration of the Approval Period, the Buyer shall notify the Seller in writing and submit the required payment due under the Note, as provided for above. The Buyers shall act in good faith to complete the Studies and obtain the Permits in a timely manner. The parties agree to cooperate and participate with each other in the submission of any permits or applications and related matters to governing authorities and Seller shall execute any and all necessary documentation to assist Buyer in obtaining all necessary approvals to use the Property for its Intended Use, provided that Buyer shall not be required to incur out-of-pocket expenses in this cooperation- -3- 11. Representations and Warranties of Seller. As of the date hereof and on the date of Settlement each of the statements in this Paragraph shall be a true, accurate and full disclosure of all facts relevant to the matter contained thereni and enforceable as being true, accurate and full disclosure as of said dates. The Seller hereby represents and warrants that: (a) No approvals of any board, court, or other body is necessary in order to permit the Seller to consummate this Agreement. (b) No municipal improvements or assessments are pending or have been liened against the Property. (c) There are no parties in possession of any part of the Property or lessees, tenants at sufferance, or trespassers. (d) There is no pending or, to the actual knowledge of Seller, threatened condemnation or similar proceeding or assessment affecting the Property, or any part thereof. (e) They have no actual knowledge of the presence or disposal within the Property of hazardous or toxic waste or other substances. Seller further states that it has no actual knowledge of any contamination of the Property from any substances as may have been disposed of or stored on neighboring tracts, and it has no reason to suspect that such use or disposal has occurred, either during or prior to its ownership of the Property. (f) They have materially complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to said Property, or any part thereof. (g) There are no pending or, to the actual knowledge of Seller, threatened actions, suits or proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. (h) The Property is not part of any owner's or condominium association, nor are any owner or condominium assessments, or any other types of assessments, due on the Property. (i) Performance of this Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance -4- upon the Property under any agreement or other instrument to which the Seller is a party or by which the Seller or the Property is bound. 0) They have not entered into any other agreements with any third parties relating to the sale of the Property, specifically including, without limitation, any formal agreements of sale or option agreements with Anthony and Marta Buzzelli. 12. Representations and Warranties of the Buyer. The Buyer hereby represents and warrants that Buyer has the requisite power and authority to enter into and carry out the terms of this Agreement and no further approval of any board, court, or other body is necessary in order to permit the Buyer to consummate this Agreement. 13. Bayer's Default. Should Buyer violate or fail to perform any of the terms or conditions of this Agreement, Seller's remedies shall be limited to the following alternative remedies, at Seller's election: (i) to terminate this Agreement and Buyer shall be released from any further liability, or (ii) proceed with any remedy available to the Buyer, either at equity or at law. 14. Seller's Default. Shoup Seller violate or fail to perform any of the terms or conditions of this Agreement, Buyer's remedies shall be limited to the following alternative remedies, at Buyer's election: 0) to terminate this Agreement and Seller shall be release from any further liability, (ii) proceed with any other remedy available to the Buyer, either at equity or law, specifically including, without limitation, specific performance. 15. Real Estate Commission. Buyer and Seller each warrant and represent to the other that they have not used the services of any broker, agent or finder, and each agrees to defend, indemnify and save harmless the other from any claims for commissions or fees by reason of the indemnifying party's breach of this warranty, which shall survive Settlement and delivery and recording of the deed. 16. Risk of J&l% DamaaeLRepk. Until Settlement, the risk of loss or damage to the Property shall be borne by Seller. In the event that the Property is damaged or condemned so that the Property cannot be conveyed in substantially the same condition as it was prior to Settlement, Buyer-may elect to terminate this Agreement, in which event, there shall be no further liability between the Seller and the Buyer with respect to the subject matter of this Agreement. 17. Notim All notices provided for in this Agreement shall be directed by registered or certified mail -to the parties at the addresses set forth below, or at such other addresses as the parties shall designate to each other, in writing. All notices shall be deemed delivered upon mailing. -5- To Seller: With a copy to: Helen T. Snyder and . Robert Snyder virG -.,4-h A' Ipp I-It // , To Buyer: Community Refuse Service, Inc. 100 Oregon Street Mercersburg, PA Attention: James Stipe With a copy to: Thomas J. Nehilla, Esquire Rhoads & Sinon LJ-2 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 18. $. This Agreement shall not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record. 19. Legal Consb mcdon. This Agreement shall be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania; provided that any controversy over the construction of this Agreement shall be decided neutrally and without regard to events of authorship or negotiation. 20. Ammdme.nb. This Agreement shall not be amended except in writing executed by all parties hereto. 21. Ag[gMUMM . This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors or assigns. 22. Surylyd. Except as specially provided elsewhere in this Agreement, the warranties, statements, representations, promises and covenants contained herein shall merge into the deed to be delivered by Seller at Settlement. 23. Time of the Essence. Time is of the essence to this Agreement. -6- 24. Forbearance. A waiver or forbearance by any party of any breach of any covenant or term of this Agreement shall not be construed to be a waiver or forbearance of any succeeding breach of the same covenant. 25. Severability. If any term or provision of this Agreement, or any application thereof, shall be held invalid or nonenforceable, the remaining terms and provisions of this Agreement, or the application of such terms or provisions which have been held valid or enforceable, shall not be affeited thereby. 26. Ca •ons. The captions used herein are for the purpose of convenient reference only and are not intended to express the full meaning of the provisions they introduce. 27. In tioa. This Aunt with the attached Exhibits embodies the entire Agreement of the parties relative to the subject matter contained herein. There are no customs, promises, terms, conditions or obligations referring to the subject matter or inducements leading to the execution hereof, other than those contained herein. The Exhibits are by this reference made part hereof. IN WLTNM WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be duly executed on their respective behalf, as of the date first set forth above. SELLER: Ac J C.? J. MwertSnyder /YA f , yx?il f I ' MUM ismot) 4?/? ?/ - 4;?? 'Io? - Helen T. Snyder BUYER: CONSIUNITY REFUSE SERVICES, INC. By: , Qwn IV, 6?x I - Name: Tide: -I t ec `?/Ir -P&-w' ?D • GMk%J- 0P~7*44 01;9 ?zxX- -7- WITNESNATTEST: Voij Z 4?2- MM EXHIBIT "A" Ilan .. ST CREEK RCAO T" _.?: RiMA.wJIN4 L?.wai? pr f.-.1,7 CZ, IL 6zo -77 Ww E• j T1 L% -jola y gt31e?/•• f3 w $71 ,a?• :c:c Li L20G+, ID •?`ww wa•? 9-U+a_'??? n WW A / p tnou ? Z NN o o S41 °$I .? ;3i# • •!we 01 0 0 JN rt 0 00-0 N S R;r; pi ` S i Q `moo O N At. 0 Q L i D L D/ T ?/ rim t J " t 0_ IF, N ?ttN y :?? 1 ??LCD rSi `IZ t CY N ? =?? J 0 ? N ` ? N raprC.»..uurv Ri .+tis ? ?? r. ? t (p ?j r??P t / /Il O San?.ca ?..a. 0 0 ?! P NN U , ? NW ai-N•??q 4 .JL t V•a r W Lo 01 Pd )P- r r, 0. Ln .. • ?'ti n- a ?. o u0 1;d?to O c r ? f ° •i" c , o 4c po Z I. of \ r. ill N ? _ O J? s Z i N s.. ? 9 pp L? ?.r EXHIBIT "B" $850,000.00 PROMISSORY NOTE FOR VALUE RECEIVED, THE UNDERSIGNED, COMMUNITY REFUSE SERVICE, INC., a Pennsylvania corporation (the "Maker"), does, on this _ day of , 2000 (the "Effective Date"), hereby promise to pay in legal currency of the United States of America to the order of HELEN T. SNYDER and J. ROBERT SNYDER, husband and wife at their address of , or at such other place as -the Holder (as defined herein) may, from time to time, direct the Maker in writing, the principal sum of Eight Hundred Fifty Thousand Dollars ($850,000.00). No interest shall be due and owing by the Maker to the Payee under this Note. The following terms shall apply to this Note. 1. Repavment. The principal due hereunder shall be payable as set forth below: (i) On the first (1')--and second (2°) monthly anniversary of the Effective Date, the Buyer shall pay to the Seller a principal payment of Fifty Thousand Dollars ($50,000.00) in cash, for a total of One Hundred Thousand - Dollars ($100,000.00). (ii) On the earlier of either (a) the first (1') annual anniversary of the Effective Date or (b) the expiration of the Approval Period, as defined in that certain Agreement for Purchase and Sale of Real Estate (the "Sales Agreement'), dated as of even date herewith, between the Maker and Payee (the "Trigger Date'), and continuing on each annual anniversary of the Trigger Date until paid in full, the Buyer shall pay to the Seller a total of three (3) principal payments of Two Hundred Fifty Thousand Dollars ($250,000.00) each, for a total of Seven Hundred Fifty Thousand Dollars (5750,000.00). 2. Late ftyment Charge. If any payment due hereunder is received by the Holder more than fifteen (15) calendar days after its due date, the Maker shall pay a late payment charge equal to five percent (5 %) of the amount then due. 3. Aaolication of Payer. All payments made hereunder shall be applied first to late payment charges or other sums owed to the Holder, and then to principal, or in such other order or proportion as the Holder, in the Holder's sole and absolute discretion, may elect from time to time. 353203.2 4. Prepayment. The Maker may, at its option, prepay this Note, in whole or in part, without premium or penalty, at any time and from time to time. Partial prepayments shall be applied against the remaining installments of principal required to be paid hereunder in the inverse order of the maturity thereof. 5. Default and De7fault Interest Rate. In the event of any failure of Maker to pay any sum due hereunder and after ten (10) days written notice from Payee to Maker of such non- payment, an event of default shall occur under this Note. 6. Acce leration. Upon an event of default, the principal amount outstanding on this Note, together with charges, fees or other sums shall, at the option of the Holder, without notice or demand, become immediately due and payable: 7. E3penses of Collection. Should this Note be referred to an attorney for collection, whether or not suit has been filed, the Maker shall pay all of the Holder's reasonable costs, fees (including, but not limited to, reasonable attorneys' fees) and expenses resulting from such referral. 8. Holder. As used in this Note, the term Holder shall refer to the Payee, and to any other person, if any, who is in possession of this Note and to whom this Note has been endorsed, whether to order, to bearer or in blank. 9. Notices. Any notice or demand required or permitted by or in connection with this Note shall be given in the manner specified in the Sales Agreement for the giving of notices. Notwithstanding anything to the contrary, all notices and demands for payment from the Holder actually received in writing by the Maker shall be considered to be effective against the Maker upon the receipt thereof, regardless of the procedure or method utilized to accomplish delivery thereof to the Maker. 10. Assia& t_v. This Note may be assigned by the Payee or any Holder at any time or from time to time. 11. Binding Nature. This Note shall inure to the benefit of and be enforceable by the Payee and the Payee's successors and assigns and any other person to whom the Payee may grant an interest in the Maker's obligations to the Payee, and shall be binding and enforceable against the Maker and the Maker's personal representatives, successors and assigns. 12. Invalidity of am Part. If any provision or part of any provision of this Note shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality 2 Exhibit C AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE (the "Amendment') effective this 3:5' day of ,u!; 2000, is made by and between HELEN T. SNYER and J. ROBERT SNYDER, husband and wife, having an address of (hereinafter called the "Seller") and COMMUNITY REFUSE SERVICE, INC., a Pennsylvania corporation, having an address of 100 Oregon Street, Mercersburg, Pennsylvania (hereinafter called the "Buyer"). RECITALS WHEREAS, on 2000, Seller and Buyer entered into an Agreement for Purchase and Sale of Real Estate (the "Agreement") with regard to that certain tract of land ituated in the Township of Hopewell, Cumberland County, Pennsylvania, containing ??Ypproximately Nacres, more or less, and being Parcel 0 on the Final Plan for J. Robert Wl Snyder, prepared by Steven P. Wolfe, dated August 13, 1991, and recorded in Cumberland County Deed Book 61? , Page .,10 , the Agreement is hereby incorporated herein and made a part hereof by this reference; WHEREAS, pursuant to Section 8 of the Agreement, settlement under the Agreement is to take place on or before August 30, 2000; and WHEREAS, both the Seller and the Buyer desire to extend the closing date under the Agreement, all as more particularly set forth herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledge and intending to be legally bound hereby, Seller and Buyer amend and supplement the terms of the Agreement as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated by reference herein. Settlement Date. Settlement on the conveyance of the Property to Buyer shall be held on September It, 2000 (the "Settlement" or "Settlement Date"). tI 3. Agreement in Full Force and Effect. Except for the modification as specifically set forth herein, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year set forth above. WITNESS: SELLER: Helen T. Snyder J. bert Snyder ATTEST: BUYER: COMMUNITY REFUSE SERVICE, INC. By: (Asst.) Secretary Nat Titl Exhibit D Y?s° a X33 RG:: i:1 L: 11 RECiii" 0LrDS CUMSTF,L,111:) COUNTY-PA DEED ' 00 SEP S AA 11 11 3 T. i7S INDENTURE, made the .) •Ltday of in the year Two. Thousand (2000). BETWIrI:N J. ROBERT SNYDER and HELEN T. SNYDER, husband and wife, of Hopewell Township, Cumberland County; Pennsylvania Hereinafter the "Grantors"', AND CO1vTmtrNITY REFUSE SrRVICt, INC., a Pennsylvania corporation with offices at 100 Oregon S xeet, Mercersburg, Pennsylvania; hereinafter the "Grantee". "' WITNESSETH,..That Grantor, for and in consideration.of the sum of NINE HUNDRED THOUSAND DOLLARS (3900,000.00) and other good and valuable consideration, lawfui money of the United States of America, well and truly paid by the Grantee to the Grantors, at and t efore the sealing and delivery of these presents, the receipt whereof is hereby acknowledged; have granted, bargained, sold, allened, anfeofl'ed, released, conveyed and confirmet., and. by these presents dt grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the Coranteo, its successors and assigns: ALL THAT CERTAIN tract of land ' situate in Hopewell Township, Ciunberland County, Pennsylvania as shown on a certain Subdivision identified as St,:bdivlsion of. Lands :for J. Robert. Snyder, :being indicated. as Parcel No. 2 as pr;pared by Steven P. Wolfe; Professional Land Surveyor dated August 13, 1991 r rised October 15, 1991-and recorded. in CWhberland County Deed Book 64, Page 20 being ;ftutber bounded and described as follows: BEGINNING at a railroad. spike at or near the center of Vaughn Road (T- 35,9), at the comer of land now or formerly of Norman A. Book and the land now or formmerly. of J. Robert. Snyder, 110CF running at or near the center. of Vaughn Road, North seventy.seven'(77) degrees, eighteen (18) minutes, twenty-three (23) seconds West; four. hundred sixty-six and ninety-six (466,96) hundredths feet to an ex sting railroad spike, THENCE continuing along the at or near center of Vaughn Read, North sixty-five (65) degrees, forty-two (42) minutes, thirty (30) seconds W;st,: eighty-four and eleven (84.1 l) hundredths feet to an existing railroad spike, TE FENCE. continuing with the said road North forty-nine x(49) degrees; twenty-six (2ri) minutes, forty-three (43) seconds West, seventy-eight And seventy-three (78.73) hudredths feet to a point, THENCE continuing wlth the road, 'North forty (40) de;jrees, seventeen (17) minutes, twenty-one-(21) seconds, West one thousand one hu'idred ninety-three and. twenty-two (1193.22) hundredths feet to a point, Th"ENCE continuing with the road, North forty-nine (49) degrees, seven (07) minutes, fifty-one (51) seconds West, one hundred twenty-one and eighty-two 9006 tiM f'd c 574 (121.82) hundredths feet to a point, THENCE continuing with the road, North sixty- three (63) degrees, thirty-three (33) minutes, fourteen (14) seconds, West, one hundred forty-six and thirty-two (146.32) hundredths feet to a railroad spike at or near the center of the said road, THENCE leaving said Vauglui Road and running along lands now or formerly of J.,Robert Snyder, and through an iron pin offset twenty-five and zero (25.00) hundredths feet from the center of said road, North twenty-five (25) degrees, forty-six (46) minutes, tWrtyy-eight (38) seconds East, four hundred ninety-four and eighty-seven (494.87). hundredths. feet to an iron pin, THENCE continuing along other lands now ouformerly of J. Robert Snyder, North twenty-one (21') degrees, twenty-two (22) minutes, twenty-four (24) seconds, East, four hundred sixty- and fifty (460.50) hundredths feet to an iron pin, THENCE continuing along Snyder, North thirty-seven (37) degrees, fifty-two (52) minutes, one (01) second, East, eight hundred eighty. and twenty-six (880.26) hundredths feet 'to 'an iron pin, THENCE continuing along Snyder North forty-seven (47) degrees, fifty-eight (58) minutes,_ twenty-nine (29) seconds, East, six hundred fifty-two and twenty-three (652.23) hundredths feet to an iron pin, THENCE continuing along other lands now or formerly of J. Robert Snyder, South fifty-one (51) degrees, thirty (30) minutes, twenty-three (23) seconds, East, one thousand four-hundred sixty and nineteen (1460.19) hundredths feet to an iron pin. at or near a. small wet weather stream; said iron pin is on line of lands now or formerly of the Community Refuse Service and is South thirty-two (32) degrees, fifty-five (55) minutes, fifty-seven (57) seconds West, one hundred and zero (100.00) hundredths feet from an existing iron pin by a wood post at a comer in common of the other lands now or formerly of J. Robert Snyder and the land now or formerly of the Community Refuse Service, THENCE along land. now. or formerly of the Community Refuse Service, and following the -small strewn,South thirty-two (32) degrees, fifty-five (55) minutes, fifty-seven.(57) seconds, West, three hundred fifty-eight and sixty-three (358.63) hundredths'. feet to a point iii the said stream, THENCE. continuing along the land now or formerly of the Community Refuse Service, and with the said stream, South forty-nine (49) degrees, forty-three (43) minutes, forty-four (44) seconds, West, ninety-five and fifty-eight (95.58) hundredths feet to an existing iron pin in the stream, THENCE along the same and with the stream, South twenty-one (21) degrees, four (04),Ininutes, fifty-seven (57) seconds, West, two hundred seven and twenty-two (207,22) hundredths feet to a point, THENCE along the same and continuing with the stream, South one (01) degree, twenty-eight (28) minutes, sixteer) (16) seconds, West, one hundred sixty-one and eight (161.08) hundredths feet to an existing iron pin, THENCE along the same and continuing with the stream, South fifty-one (51) degrees, fourteen (14) minutes, forty-two (42) seconds, West, one hundred twenty-nine and forty-eight (129.48) hundredths feet to an existing iron pin, THENCE along the same and continuing with the stream, South fifty-seven (57) degrees, fifty-fivo (55) minutes, fifty-six (56) seconds, West, three hundred seventy-nine and ninety-four (379.94) hundredths feet to an existing tack in a root, THENCE along the same and continuing with the stream, South fifty-four (54) degrees, twenty-eight (28) minutes, fifty-one (51) seconds, West, one hundred BOOK 228 mce 575 e ight and two (I08.02) hundredths feet to an existing tack in a root-, THENCE along t ie same and with the stream, South eleven (11) degrees, forty-two (42) minutes, twelve (12) seconds, West,-two 'hundred seventy-five and fifty-three (275.53) t undredths feet to an existing truck axle, THENCE along the some and with the Bream, South fourteen (14) degrees, thirteen (13) minutes, nineteen (19) seconds, Fast, two hundred twenty-six and fifty-four (226.54) hundredths feet to a tack in a twenty-four (24) inch maple tree, THENCE along the same and with the stream, S')uth. nineteen (19). degrees, twolye (12) minutes, twenty-two (22) seconds, East, n. nety-one and fourteen (91.14). hundredths feet to a stump,. TITENCE along the same and with the stream; South twenty (20) degrees, sixteen (16) minutes, fifty- nine (59).seconds, East, one hundred..twelve.and sixty-two (1.12;62) hundredths feet to a point; THENCE. along the same and lands now or formerly of Norman A. Book, and leaving the said wet, weather stream, South 'fourteen (14) degrees, one (0`.1) minute,.twenty-four (24) seconds, West, five hundred sixteen and. ninety-five (516.95) .hundredths feet to an iron. pin, THENCE continuing along lands now or formerly of Norman A.' Book, -.South- twenty-seven (27) degrees, forty-three (43) m! nutes, twenty-eight.'(28) seconds, West, one : hundred seven. and sixty-three (117:63)' hundredths feet to a railroad spike in the center'of Vaughn Road (T-359), THE PLACE OF BEGINNING. CONTAININ6 100.000 acres. - BEING part of the same premises which Slcanor McClelland and Liberty McClelland,. both single women, by deed dated July 30, 1976 and recorded in Cumberland County Office of the Recorder of Deeds in Deed Book 26-Si Page 440 grafted and conveyed to J. Robert-Snyder and Helen T. Snyder, husband and wife, the Grantors herein. UNDER AND SUBJECT, NEVERTHELESS, to all building restrictions, 2onmg regulations, essemirYfts, rights=of--.way, reservations and restrictions, either of rect rd or visible on the property herein conveyed, and subject. to .all rights of and owi ership in public roads; streets and" highways, whether or not opened. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the samo belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders,. rents, issues and profits thereof AND ALSO all the estate, right, titles, interest, property, claim_ and demand whatsoever, both in law and equity, of the' Grantors,. of, in, to. or out of the.said tract of land; and every part and parcel thereof, . TO HAVE AND TO HOLD the said tract of land, with all and singular the premises herein described together with the appurtenances; unto the Grantee; its successors and assigns, to and for the c my proper use and behoof of Grantee, its successors and assigns forever. ow 228 I-,1ct 576 AND the. Grantors, for their heirs and assigns horeby covenant and agree to warrant :.pecially and, forever defend all and each of the hereditaments and promises herein above-described . nd granted, .or mentioned and intended so to be, with the appurtenances, against. ail and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, i. rom or under.it; him, her. them or any of them. aN WITNESS WHEREOF, the Grantors, have caused this Deed to be executed the Cay and year first above written. WITNESS: GRANTOR: c.• J, ert Snyder e , ?- KJ_ Snydef C1) Helen T. COMMONWEALTH OF PENNSYLVANIA SS: CX NTY OF •l L l r ??.f.tl LC 'x,. ?? On this ' Ct day of .,4Lr?k , 2000, before me, a No Public, the undersigned officer, personally appeared J. Robert Snyder and Helen T. Snyder, husband and wife, known to. me (or satisfactorily proven) to be the persons whose names are subscribed to the within dt;,cument and ackrtowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My Commission Expires: Nmano, seat (SEAL) Velarle & StadVdek. Notary Public Hampden Top., Cumberland County Nry Commisalon Explree Nov. so, 2000 Member, n e e eaoc a" albri of o a, ec Box 228 PACE 577 Exhibit E $850,000.00 PROMISSORY NOTE FOR VALUE RECEIVED, THE UNDERSIGNED, COMMUNITY REFUSE SERVICE, INC., a Pennsylvania corporation (the "Maker"), does, on this / rrday of 6Qr , 2000 (the "Effective Date"), hereby promise to pay in legal currency of the United States of America to the rder on T YDt and J. ROB T SNYDER, husband and jwife at their address of saw 9 Sheef crmpl?// /A 1'70 6r at such other place as . the Holder (as defined herein) may, from time to time, direct the Maker in writing, the principal sum of Eight Hundred Fifty Thousand Dollars ($850,000.00). No interest shall be due and owing by the Maker to the Payee under this Note. The following terms shall apply to this Note. 1. Repayment. The principal due hereunder shall be payable as set forth below: (i) On the first (l') and second (2'? monthly anniversary of the Effective Date, the Buyer shall pay to the Seller a principal payment of Fifty Thousand Dollars ($50,000.00) in cash, for a total of One Hundred Thousand Dollars ($100,000.00). (ii) On the earlier of either (a) the first (1') annual anniversary of the Effective Date or (b) the expiration of the Approval Period, as defined in that certain Agreement for Purchase and Sale of Real Estate (the "Sales Agreement'), dated as of even date herewith, between the Maker and Payee (the "Trigger Date'), and continuing on each annual anniversary of the Trigger Date until paid in full, the Buyer shall pay to the Seller a total of three (3) principal payments of Two Hundred Fifty Thousand Dollars ($250,000.00) each, for a total of Seven Hundred Fifty Thousand Dollars ($750,000.00). 2. Late Payment Charge. If any payment due hereunder is received by the Holder more than fifteen (15) calendar days after its due date, the Maker shall pay a late payment charge equal to five percent (5 %) of the amount then due. 3. Application of PavtneZrts. All payments made hereunder shall be applied first to late payment charges or other sums owed to the Holder, and then to principal, or in such other order or proportion as the Holder, in the Holder's sole and absolute discretion, may elect from time to time. C Y • M C 7 *'? ` r 3 '.3 Yi 4. Prepayment. The Maker may, at its option, prepay this Note, in whole or in part, without premium or penalty, at any time and from time to time. Partial prepayments shall be applied against the remaining installments of principal required to be paid hereunder in the inverse order of the maturity thereof. 5. Default and Default Interest Rate. In the event of any failure of Maker to pay any sum due hereunder and after ten (10) days written notice from Payee to Maker of such non- payment, an event of default shall occur under this Note. 6. Accelerati on. Upon an event of default, the principal amount outstanding on this Note, together with charges, fees or other sums shall, at the option of the Holder, without notice or demand, become immediately due and payable. 7. Expenses of Collection. Should this Note be referred to an attorney for collection, whether or not suit has been filed, the Maker shall pay all of the Holder's reasonable costs, fees (including, but not limited to, reasonable attorneys' fees) and expenses resulting from such referral. 8. Holder. As used in this Note, the term Holder shall refer to the Payee, and to any other person, if any, who is in possession of this Note and to whom this Note has been endorsed, whether to order, to bearer or in blank. 9. Notices. Any notice or demand required or permitted by or in connection with this Note shall be given in the manner specified in the Sales Agreement for the giving of notices. Notwithstanding anything to the contrary, all notices and demands for payment from the Holder actually received in writing by the Maker shall be considered to be effective against the Maker upon the receipt thereof, regardless of the procedure or method utilized to accomplish delivery thereof to the Maker. 10. Assignability. This Note may be assigned by the Payee or any Holder at any time or from time to time. 11. BWding Nature. This Note shall inure to the benefit of and be enforceable by the Payee and the Payee's successors and assigns and any other person to whom the Payee may grant an interest in the Maker's obligations to the Payee, and shall be binding and enforceable against the Maker and the Maker's personal representatives, successors and assigns. 12. Invalidity of My Part. If any provision or part of any provision of this Note shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Note and this Note shall be construed as if such invalid, illegal or unenforceable provision or part thereof had never been contained herein, but only to the extent of its invalidity, illegality or unenforceability. 13. Choice of Law. This Note shall be governed, construed and interpreted strictly in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the Maker has executed this Note specifically intending this Note to constitute an instrument under seal. MAKER: ATTEST: COMMUNITY REFUSE SERVICE, INC. By: (Assistant) Secretary Nai Tit f { w C`yw J ru r ,,?ff?' 75 Anthony Marc Hopkins, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 9717) 299-3726 FAX (717) 299-1811 E-mail: thopkins@nikolaushohenadel.com Attorney I.D. # 47394 Attorney for Plaintiff J. ROBERT SNYDER and HELEN T. SNYDER Plaintiffs VS. MICHAEL L. BANGS Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No.: 02-5755 NOTICE OF DEATH The death of J. Robert Snyder, a party to the above action, during the pendency of this action is noted upon the record. Date: 12-1-LIO ? NIKOLAUS & HOHENADEL, LLP awnlk BY: Anthony Marc Hopkins Attorney for Deceased Party CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Via First Class Mail Kathryn Lease Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 t 72,146 ? Date: NIKOLAUS & HOHENADEL, LLP 4 BY: t/O %th Marc opkins Attorney for Deceased Party No. 02-5755 - Notice of Death _ 2 _ ?: ? _.? ? .?:- ?.. ..r ' ? ?'_ E'T't ,• J. l ??.? t E 1:_.? ?? _?r'- ? :.T f ? ? _ ?f .. 1?N •' ' w4 '-?i ??,?} J. ROBERT SNYDER and HELEN T. SNYDER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5755 - CIVIL ACTION V. MICHAEL L. BANGS, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER Defendant, Michael L. Bangs, by his counsel, Mette, Evans & Woodside, files the following Answer with New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. By way of further answer, Attorney Bangs provided legal services to Plaintiffs with respect to the sale of their property to Community Refuse Services, Inc. (CRSI) in 2000. COUNTI NEGLIGENCE 3. The averments contained in paragraphs 1 and 2 are incorporated. 4. Admitted that Plaintiffs owned a 55.541-acre parcel of land located in Hopewell Township, Cumberland County, Pennsylvania (Parcel 1) and an approximately 100-acre parcel, also located in Hopewell Township (Parcel 2). 5. Denied as stated. Parcel 1 was 55.54 acres. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied as stated. Based on information and belief, Dr. Snyder communicated with a Mr. Stipe from CRSI concerning the sale of Parcel 1 and an option with respect to Parcel 2. Thereafter, Plaintiffs were referred to Attorney Bangs through counsel for CRSI. 12. Admitted that Attorney Bangs was retained by Plaintiffs and that Attorney Bangs' services were paid for by CRSI pursuant to its agreement with the Plaintiffs. The remaining averments are denied as stated. To the contrary, at the time he was retained on or about July 28, 2000, Attorney Bangs was presented with the situation as it existed. That is, the Plaintiffs had entered into an Agreement of Sale for Parcel 1 for $325,000.00 and a right of first refusal/option for Parcel 2 with the Buzzellis as of June 6, 2000 with closing to occur on or before September 1, 2000. The Agreement of Sale for this transaction is attached as Exhibit 1. Following meetings with James Stipe from CRSI, Plaintiffs entered into an agreement with CRSI to purchase Parcel 1 for $350,000.00 and an option to purchase Parcel 2. The notes attached to Plaintiffs' complaint dated July 10, 2000, which predate Attorney Bangs' involvement, reflect the initial discussions concerning the property. After July 10, 2000, Plaintiffs had additional meetings with Mr. Stipe and additional conversations with him to get a firm deal in place. The notes dated July 21, 2000 show the agreement of Plaintiffs and CRSI as to the breakout of the payments. All of these negotiations predated Attorney Bangs' involvement and he had no role in negotiating the terms and conditions of the sale or option. 13. Denied. To the contrary, the attached notes were not "to Mr. Bangs." Rather, they were Dr. Snyder's notes concerning his conversations/negotiations with 2 CRSI and were made prior to retaining Mr. Bangs as counsel. By way of further answer, the notes dated July 10, 2000 were no longer applicable when Attorney Bangs was retained. 14. Denied as stated. The sale was concluded and CRSI failed to pay in accordance with its agreement. Denied that the failure to pay by CRSI or any resulting injury to Plaintiffs was attributable or caused by Attorney Bangs. To the contrary, at all times, Attorney Bangs followed the instructions of Plaintiffs, fully and completely counseled them on all aspects of the transactions concerning the sale of their real estate and in no way breached any standard of care owed to Plaintiffs. By way of further answer, the terms and conditions of the transactions involving the sale of Parcels 1 and 2 to CRSI had all been fully negotiated by Plaintiffs prior to Attorney Bangs' retention. 15. The averments contained in paragraph 15 regarding the duty owed to the Plaintiffs are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 16. Denied. To the contrary, in their Agreement of Sale with the Buzzellis, Plaintiffs agreed to grant them a right of first refusal to purchase additional land and an option to buy such land. See Exhibit 1. Additionally, Plaintiffs had signed the Option Agreement with CRSI. A copy of the Option Agreement is attached as Exhibit 2. 17. Denied as stated. To the contrary, prior to retaining Attorney Bangs, Plaintiffs entered into an Option Agreement dated July 10, 2000. See Exhibit 2. Under the terms of that Option Agreement, CRSI paid Plaintiffs $5,000 for an option to purchase Parcel 1 for $350,000 and Parcel 2 for a price and terms to be negotiated. The Option Agreement provided, further, that CRSI could exercise the option on or before August 10, 2000. CRSI exercised that option. It is denied that the "deal" had to conform to the July 10, 2000 notes of Dr. Snyder. To the contrary, the transaction described by Dr. Snyder had been memorialized in the Option Agreement executed prior to Attorney Bangs' involvement. It is further denied that the Agreement for Sale and Purchase of Real Estate required conveyance of Parcel 2 to CRSI for an unsecured note of $85,000. To the contrary, the sale price was $900,000, $850,000 of which was to be paid via an unsecured Promissory Note. See paragraph B of Exhibit B, attached to Plaintiffs' Complaint. 18. Admitted. 19. Denied. To the contrary, Plaintiffs were to be paid $50,000 at settlement, an $850,000 promissory note with two payments of $50,000 to be made on the first and second monthly anniversary of the settlement, and, thereafter, in three payments of $250,000 each as described in paragraph 3(b) of Exhibit B attached to Plaintiffs' Complaint. Admitted that there was no mortgage which Plaintiffs knew and understood. 20. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient to form a belief as to whether CRSI put Parcel 2 to its "Intended Use." It is admitted that Plaintiffs' right to payment became due under the terms of the Agreement. 21. Denied. To the contrary, at all times, Attorney Bangs fully and completely advised Plaintiffs of the terms and conditions of the transaction. 22. Denied. To the contrary, at all times, Attorney Bangs provided competent services and did not breach any duties. (a) Denied. To the contrary, the terms and conditions of the transaction were fully negotiated by the Plaintiffs prior to the retention of Attorney Bangs. (b) Denied. To the contrary, the terms and conditions of the transaction were fully understood by the Plaintiffs. 4 (c) Denied. To the contrary, the terms and conditions of the transaction, including the risks, were fully understood by Plaintiffs. By way of further answer, CRSI would not purchase the property under terms other than those terms negotiated with Plaintiffs and set forth in the Agreement for Purchase and Sale of Real Estate. (d) Denied. To the contrary, the notes of July 10, 2000, were irrelevant, where Plaintiff signed the Option Agreement prior to retaining Attorney Bangs. However, the Agreement did not comply with the notes of July 27, 2000. (e) Denied. To the contrary, the terms and conditions of the transaction were fully understood by the Plaintiffs. (f) Denied. To the contrary, the terms and conditions of the transaction were fully understood by the Plaintiffs. 23. Admitted that Plaintiffs sold Parcel 2 to CRSI and that Attorney Bangs represented Plaintiffs at the closing. After reasonable investigation, Attorney Bangs has no knowledge or information sufficient to form a belief as to the extent Plaintiffs relied on his advice. 24. Denied. To the contrary, Plaintiffs understood the risks and the answer to paragraph 22 is incorporated. By way of further answer, it is incomprehensible that Plaintiffs did not understand the transaction to be a sale and believed they were entering into an option. There was an existing Option Agreement, negotiated by Plaintiffs without the assistance of Attorney Bangs, and the Sales Agreement was the exercise of that option. Further, Plaintiffs endeavored to work to make sure they had clear title to convey as described further, below, in paragraph 25. 25. Denied. To the contrary, the transaction was understood by Plaintiffs. The Sales Agreement was written in plain language and was readily understandable. There is no way Plaintiffs could have misunderstood the transaction to be an option 5 as opposed to a sale where Plaintiffs negotiated the Option Agreement, personally, and the Sales Agreement was the exercise of that Option. Further, Plaintiffs undertook, personally, steps necessary to convey good title, including obtaining information necessary to clear a prior mortgage. The letter of August 18, 2000 from Helen Snyder to Attorney Bangs is attached as Exhibit 3. Plaintiffs attended the settlement and were aware of the conveyance of both parcels to CRSI and both Plaintiffs signed the deed. 26. Admitted. 27. Denied. To the contrary, closing on Parcel 2 occurred on September 1, 2000 and the Note and Deed were signed on that date. 28. Denied in part and admitted in part. Denied that the closing on Parcel 2 occurred on September 15, 2000. To the contrary, closing on Parcel 2 occurred on September 1, 2000. Admitted that the Note was executed and two $50,000 payments were made. By way of further answer, closing on Parcel 1 occurred on September 15, 2000 because title problems with that parcel precluded closing on September 1, 2000. 29. Admitted that a Chapter 11 petition was filed by CRSI. The remaining averments are legal conclusions to which no response is required. 30. After reasonable investigation, Attorney Bangs is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 30. 31. After reasonable investigation, Attorney Bangs is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 31. 32. Denied as stated. Plaintiffs called Attorney Bangs and reported the bankruptcy at which time he referred them to bankruptcy counsel. 6 33. Admitted that Attorney Bangs referred Plaintiffs to bankruptcy counsel. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient as to form a belief as to the advice rendered by that counsel. 34. Admitted. 35. Admitted. 36. Admitted that Plaintiffs were unsecured creditors. By way of further answer, Plaintiffs were aware, prior to signing the Agreement for Purchase and Sale of Real Estate, that CRSI would not purchase the real estate under any other terms and Plaintiffs were aware of the risk and chose to accept it. 37. Denied that Attorney Bangs breached any duties to Plaintiffs. To the contrary, at all times, he properly represented the Plaintiffs with respect to the transaction negotiated between CRSI and Plaintiffs. Plaintiffs sold Parcel 2 knowing of the risks of taking an unsecured Promissory Note. Simply put, Plaintiffs chose to sell all of their real estate, Parcels 1 and 2, to CRSI because the purchase price offered was attractive to Plaintiffs, even without the security of a mortgage, and the sale of Parcel 1 to the Buzzellis or any purchaser other than CRSI would have negated the value of Parcel 2 due to its configuration.. 38. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient to form a belief as to why the auction was held. 39. After reasonable investigation, Attorney Bangs is without knowledge or information to form a belief as to the truth of the averments contained in paragraph 39. 40. Admitted that Plaintiffs received and additional $502,500 out of the Bankruptcy on their unsecured Note. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient to form a belief as to the truth of the remaining averments. 41. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient to form a belief as to the matters averred in paragraph 41. 42. Denied. To the contrary, any damages suffered by Plaintiffs were caused by CRSI and not Attorney Bangs who properly and competently represented Plaintiffs. 43. After reasonable investigation, Attorney Bangs is without knowledge or information sufficient to form a belief as to the matters averred in paragraph 43. 44. Denied that Attorney Bangs breached any duties to Plaintiffs and that he is liable for any damages. WHEREFORE, Attorney Bangs respectfully requests this Honorable Court enter judgment in his favor and against Plaintiffs. COUNT II BREACH OF CONTRACT 45. The averments contained in paragraph 1 through 44 are incorporated. 46. The averments contained in paragraph 46 are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 47. The averments contained in paragraph 47 refer to a document in writing which speaks for itself and no response is required. 48. The averments contained in paragraph 48 are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 49. The averments contained in paragraph 49 are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 8 50 Denied. To the contrary, Attorney Bangs properly and competently represented Plaintiffs and breached no duties and/or contractual obligations. The answers to paragraphs 14, 17, 21, 22, 24, 25, 36, 37, 42 and 44 are incorporated herein. 51. Denied. To the contrary, Attorney Bangs properly and competently represented Plaintiffs and breached no duties and/or contractual obligations. The answers to paragraphs 14, 17, 21, 22, 24, 25, 36, 37, 42 and 44 are incorporated herein. WHEREFORE, Attorney Bangs respectfully requests this Honorable Court enter judgment in his favor and against Plaintiffs. COUNT III BREACH OF IMPLIED CONTRACT 52. The averments contained in paragraphs 1 through 51 are incorporated. 53. The averments contained in paragraph 53 are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 54. The averments contained in paragraph 54 are legal conclusions to which no response is required. To the extent a response is required, the averments are denied and strict proof is demanded at time of trial. 55. Denied. To the contrary, Attorney Bangs properly and competently represented Plaintiffs and breached no duties and/or contractual obligations. The answers to paragraphs 14, 17, 21, 22, 24, 25, 36, 37, 42 and 44 are incorporated herein. 56. Denied. To the contrary, Attorney Bangs properly and competently represented Plaintiffs and breached no duties and/or contractual obligations. The answers to paragraphs 14, 17, 21, 22, 24, 25, 36, 37, 42 and 44 are incorporated herein. 9 WHEREFORE, Attorney Bangs respectfully requests this Honorable Court enter judgment in his favor and against Plaintiffs. NEW MATTER 57. The answers to paragraphs 1 through 56 are incorporated. 58. The Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 59. The Plaintiffs signed an Agreement of Sale with the Buzzellis dated June 6, 2000, under which they agreed to convey Parcel 1 for $325,000 and granted the Buzzellis the right of first refusal and an option to purchase additional land from Plaintiffs and which provided for a closing on or before September 1, 2000. See Exhibit 1. 60. Subsequently, Dr. Snyder met with James Stipe of CRSI and negotiated the sale of Parcel 1 to CRSI and an option agreement on Parcel 2 with CRSI dated July 10, 2000. See Exhibit 2. 61. The Option Agreement was followed by additional meetings between Mr. Stipe and Plaintiffs, resulting in the terms for a final agreement. Those terms appear in Dr. Snyder's notes dated July 27, 2000 which are part of Plaintiffs' Exhibit A. 62. Attorney Bangs began his representation of Plaintiffs on or about July 28, 2000. 63. At the time Attorney Bangs was retained, the terms of the sale of Parcels 1 and 2 had been negotiated by the Plaintiffs and CRSI. 64. Attorney Bangs' primary roles in representing Plaintiffs were to serve as a conduit to finalize the to finalize the Sales Agreement with CRSI on Parcel 2 once the option was exercised and to keep the Buzzellis at bay and get the 10 transaction with CRSI settled and closed before they could file a lis pendens or otherwise interfere with the sale to CRSI. 65. The sale of Parcel 1 by Plaintiffs to anyone other than CRSI would have significantly reduced the value of Parcel 2 because of the configuration of the parcels. 66. Dr. Snyder was a learned, sophisticated, and intelligent man who negotiated the sale and option agreements with CRSI and understood the fact that CRSI would not agree to any security for the debt it would owe to Plaintiffs as a result of the purchase of Parcel 2. 67. Mrs. Snyder was an intelligent woman who understood the sale and option agreements with CRSI and understood the fact that CRSI would not agree to any security for the debt it would owe to Plaintiffs as a result of the purchase of Parcel 2. 68. As a result of the efforts of Attorney Bangs in avoiding the sale to the Buzzellis and, therefore, enabling Plaintiffs to sell the property to CRSI, Plaintiffs sold Parcel 1 for an additional $25,000 and realized $652,500 on Parcel 2, for a total of $677,500 more than they would have received from the Buzzellis. 69. Had Plaintiffs sold Parcel 1 to the Buzzellis, CRSI would not have purchased Parcel 2 because of its spatial configuration. 70. Because of Parcel 2's configuration and its proximity to a landfill, it is doubtful that any purchaser other than CRSI would have paid more than $652,500 for Parcel 2. 11 WHEREFORE, Attorney Bangs respectfully requests this Honorable Court to enter judgment in his favor and against Plaintiffs. Respectfully submitted, METTE, EVANS & WOODSIDE Sup/ Ct. I.Q) No. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendant, Michael L. Bangs Date: January 11, 2005 12 STANDARD AG?EEiMNENT FOR THE SALE OF REAL ESTATE A/S _ 'ILis Corm mmmmmded ar t apluo ed for. but not roanced to us br, members ofthe Paatrylsanta Association of RG1 LTORSZ (PARL rA LICENSED BROKER LISTING BROKER (Company) Rj;;.lax liomefinders PA LICENSED BROKER SELLING BROKER (Company) ADDRESS -,,,c c_ K--na .Stye?* Shinoensbura. ?A 177557 PH 17171532-5131 FAXt7171532-4390 DESIGNATED AGENT FOR SELLER (if applicable) ADDRESS PH FAX DESIGNATED AGENT FOR BUYER (if applicable) This Acreement. dated s:,ne ;, _n9pC is bens SELLER(S): called "Seller.' and BI 7Y ER(S): -1.nzacr.". -T Bu:=-. cai!eti "Bover." PROPERTY (I-9S) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: .! LL THAT CERTAIN lot or niece of ;;round with buildings and improvements thereon erected, if am. known as: in the of Hooewel_ County of c,::=,e,=-d in the Commonwealth of Pennsylvania, Zip Code 17^ jn identiGcatimc ( e.g., Tax IDA; Parcel ; Lot, Block: Deed Book, Page, Recording Date) s.d ac?k =ace 3. TER)+IS (I-00) I.-%) Purchnst: P•IC. Thgee nn, ___________ . - - --- ----__4unP?I hatch will be paid to Seller by Buyer as follows: ,.3) Cash or check at si_tning his Agreement. S (C) Cash or cneck within days of the execution of this Agreement: S L') -- (c I Cash, cashier's or certified check at time of settlement: S 3? 0 , C00 . TOTAL S W) Deposits paid on account of purchase price to be held by Listing Broker, unless otherwise stated here: =,) Seller's written approval to be on or before: - , 2000 (H) 5ettlement to be made on or be fore: Sent?mb<r O1 2000 (11 Conveyance from Seller will be by fee simple deed of speetaf warranty unless otherwise stated here: (!) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (K) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing wh applicable: taxes; rents; interest on mortgage assumptions; condominium fees and homeowner association &es, if any; wa and/or sewer fees, if any, together with any other lienabie municipal service. The charges are to be pro-rated for the period covered: Seller will pay up to and including the date of settlement. Buyer will pay for all days following settlement, unl otherwise stated here: 4. FIXTURES &r PERSONAL PROPERTY (1-00) (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of lie including plumbing; heating; lighting fixtures (including chandeliers and ceiling facts); water treatment systems; pool and! ,VS-2K - Standard Agrearn"t For The Sala Of Real Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS2 Version 6.02(5,5), RealFASTO Software Publishing Inc., (d 2000 Regal PPAPAR222927. THOMAS S. MITROS,A8R,CRP, REIMAX HOMEFINDERS ' ?u4f?Na 'NPs 0610W 11:15:16 c lW/asu?d equipr,lent: garn';e doer openers and transmitters: television antennas: shmbber, plantings and.unpotted trees: any roniainr heating and cooking tuels stored on the Property at the time Of settlement: wall to wall carpeting; window covering hardwa shades. blinds: built-in air conditioners; built-in appliances; and the rangeoven unless otherwise stated. Also included: (B) LEASED Items titems not owned by Seller): C) EXCLLMED fixtures and items: SPECIAL CLAUSES (1-00) (A). Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Cc 35.366. B) Buyer and Seller have received a statement of their reseecti:'e estimated closing costs befcre siunine t Agreement. Buyer has received the Scllet's Property Disclosure Statement before lignin; this A'_reemem. if required law. (See Notice. !n(orination Regarding the Seller's Property Disclosure Act.) Buyer has ._.elt'ed the Deposit Mcne_: Notice (tor JaOpe.'a[IVe sales %hen Listing Bres;r 's ;eposit mono..' before signing this Auree^teaL T;te foilolvine are part of this Agreement if chec!:cd: Sale & Sea:e-ent of Other P-perty e-rm -Cceuoied Propert! Adder ti: ?AR rs: -i Continatricy Addendum (PAR Form 130) :ale s Settlement of Other Properry Contin^_eaey :rich Ri'ziu to Continue ylarketing Addendum PAR ror:r, Scttleniem of Cther ?rooern• Contingency Addendum PAR'rur:n 1_:1 _=at =.ry to .,rye:, =__c. purchase cecl _.. 30 days a`zer acce_-ar,ce•. bu7 addc=_ona'_ land _=7 he 3e'__e:. 5. >!ORTGAGE CO.ITIYGENCY (I-00) -" V, A!`+ED. T::is sale is NOTcontircem an mortgage rinancing. LECTED rh -stale is contingent upon Buyer obtaining mortgage [financing as follows: amount of morrua'te loan S 2 `00 %linimmni Term • ears r,.pe ofmurt•;age Interest rate i. %; however. Buyer agrees to accept the interest rate as may be committed by nvattga;e lender. not to exceeds maximum interest rate of ? _ %. Discount points. loan origination. loan placement and other fees charged by the lender as a percentage of the moria loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed of the mom; Ioan. the interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the r igh guarantee an interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below amount specified herein. Buyer gives Seller the right, at Seller's sole option and as permitted by the lending institution applicable laws, to contribute financially, without promise of reimbursement. to the Buyer and/or lender to :Hake the ab terms available to Buyer. (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application t responsible mortgage lending institution. The Selling Broker, if any, otherwise the Listing Broker, is 'authorized communicate with the lender for the purposes of assisting in the mortgage loan process. (C) I. Upon receipt ofa mortgage commitment, Buyer and/or Selling Brokerwill promptly delivers copy of the commitmer Listing Broker, if any, otherwise to Seller. 2. Mormage commitment date July 28.2000 If a written commitment is llotreceivedby Listing Bra if any, otherwise by Seller, by rite above date, Buyer and Setter agree to extend the commitment date u Seller terminates this Agreement in writing. 3. Seller has the option to terminate this Agreement in writing, on or after die mortgage commitment date, if mortgage commitment: A/S-2K - Standard Agreement For The Sale Of Real Estate. 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS version 6.02(5.5),/, Re(alFFASTD Software Puclisning Inc., (c) 2000 rage PPAPAR-22923, THOMAS S. MITROS.ASR,CRP, RE/MAX HOMEFINDERS a. Is not valid until the date of settlement, OR b. is conditioned upon the sale and settlement of any other property. OR C. Contains any other condition not specified in this Agreement, 4. In the event Seller does not terminate this Agreement as provided above. Buyer has the option to terminate tl Agreement in writing if the mortgage commitment: a. Is not obtained by or valid until the daze of settlement. OR b. Is conditioned upon the sale and settlement of any other property which do not occur bythedate ofsettleme: OR C. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date settlement. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurar and/or title search, or tee for cancellation of same, if any; ANDiOR any premiums for flood insurance and/or i insurance with extended coverage, insurance binder charges or cancellation fee. if any: ANDIOR any appraisal tl and charges paid in advance to mortgage lender. (D) If the mortgage lender requires repairs to the Property, Buyer will. upon receipt, deliver a copy of the mortgage lend, requirements to Listing Broker, if any, otherwise to Seller. Seller will, within 5 days of receipt of the !enders requireme: notifv Buyer whether Seller will make the required repairs at Seller's expense. If Seller chooses to make repairs. Buyer will ac:ept the PmPe-a and auree :o the RELEASE ::a orth in para_racn of dtis Agreement if Seller chooses not :o make the required repz: s. Buyer %N III vithin _ 'r% s. notify Seiler in writing of Bu%er's Cr.-, to terminate this Agreement OR make me required repairs at 3uvers expense and with Seller's premiss: which will not be unreasonably withheld. If Seiler denies Buyer permission to make the required repairs. Buyer it. within 5 days of Sei!ers denial. terminate this Agreement If Buyer terminates this Agreement, all deposit monies p on account of purchase price will be returned prompdv to Buyer and :his Agreement will be VOID. Seller .assist .7 NOT APPLICABLE APPLICABLE Seiler will pay: L-1 S . maximum.:oward Buyers costs as permitted by the mortgage lender. FHAVA. IF APPLICABLE F) It is expressly agreed that notwithstanding any other provisions of this contract. Buyer will not be obligated to complete purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unl Buyer has been given, in accordance with HUD'FHA or VA requirements, a written statement by the Federal Hous Commissioner, Veterans Administration, or a Di-c: Endorsement Lender Bening forth the appraised value of Property of not less than S (the dollar amount to be inserted is the sales price as stated in .Agreement). Buyer will have the privilege and opton of proceeding with consummation of the contract without regard to amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Departr of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. BL should satisfy himself7herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 13, LS.C., Depamnent of Housing and Urban Development provides, "Whoever for purpose of. . . influencing in any way the action of such department ... makes. passes, utters. or publishes any staten knowing the same to be false... shall be fined not more than 55,000 or imprisoned not more than two years, or both:" t G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buy.er has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information Property Condition Inspections). Buyer understands :he importance of getting an independent home inspection and thousltt about this before signing this Agreement Buyer's Initials Date (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this cons for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these pa in connection with this transaction is attached to this Agreement 7. INSPECTIONS (1-98) (A) Seller hereby agrees to permit inspections by authorized appraisers, teputable certifiers, insurer's representatives, surve3 municipal officials and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller fur agrees to permit any other inspections required by or provided for in the terms of this Agreement (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyers right to make this inspec is not waived by any other provision of this Agreement (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. 8. PROPERTY INSPECTION CONTINGENCY (1-00) ? WAIVED. Buyer understands that. Buyer has the option to request inspections of the Property (see Property Inspection AIS-2K • Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR: Version 8.02(5.5), RealFASTO Software Publishing Inc.. (c) 2000 Rego PPAPAR222022. THOMAS S. MITROS.A8R.CRP, REIMAX HOMEFINDERS -]rufL._ ?Pegt 0510G.0 111:16:16 e Emironmeneul Notices). BUYER WAIVES THIS OPTION and agrees :o the RELEASE sat foi:h in .Agreement. ELECTED (A) Within 6, days of the execution of this agreement, Buyer, at Buyer's expense, may choose ru iias a ins: ecaas ,umd certifications completed by licensed or otherwise qualified professionals (see Property Inspection :ind Eacironmenz Notices). This contigency does not apply to the following existing conditions and'or items: (B) Other provisions of this Agreement may provide for inspections and.or certifications that are nor warred or airer, by Buyer's election here. (C) If Bu}'er is not satisfied with :he condition of the P=.-%. as stated in any written report. Buyer wi!;. %%ithin the time ;ive: for completing inspections: Option I !. Accept die Property %%idm the information stared in the report(s) and agree io dw RELEASE se: for:h in @ :h =: this Agreement. OR 2. Terminate the Agreemenr in wridng bs not;;:- to Listing Broker. it' am. otherwise :o Seller. I%::nin given for inspection. in which case all iepesit : pries paid on account of purchase erica i atur.::_ rarzn::• 3uver and this Agreemenr wiil be VOID. Ontiun 2 - A '-pi die P oce:n .tan the infon:matwil s,_,e_ n the reporrls r .nd icrae to time REL7.\Sc ._::or:h in _%i: :his Agreement. i:`:LESS the iota! cz?tzz :c correct the conc:dons contain-_1 hu znor(s - err ;?•, ;rte total cost to correct the conditions contained in the repomsl EXCEEDS the amount speciied it-. -s: _.mm i Onrion 2) 1. Buyer will deliver the reporus) to Listing Broker, if any, otherwise to Seller, within the tin given for inspection. e!lerwill, within a a} 's of rec_iving the report( s). inform Buyer in :r.cng of Se_..,. \Itd a repairs before settle .gent so that the remaining cost to repair conditions ,,m. nod is less than or equal to the amount specified in paragraph 3 (C) (Option 2) Credit Buver at scttlement for rte difference between the estimated cost of repairing :..e :oath:iC contained in the report(s) and the amount specified in paragraph 3 (C) (Opr.r.n ? I ;. lliis :anon n,us acceptable to the mortgage lender. if any. Not make repairs and not creds Buyer at settlement for any defects in conditions ccntam.d in report(s). b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 3 (C) r.Oprun '_ Buyer will accept the Property and agree to the RELEASE set forth in paragraph '_: of this Agreement C. If Seller chooses not to make reoairs and not to credit Buver at settlement. or if Seller fails to chm1: e art option within the time given, Buver .v:il. within davs: Accept the Property with the information stated in the reports) and agree :o he R ELE.s._ E vier urti: paragraph 25 of this Agreement. OR Terminate the Agreement in %titing by notice to Listing Broker. it' an_:. otherw4sQ :u Se!!e:. .vhich case all deposit merles _aid on account of purchase price will be retuned prer:r_•:i:ti::} and this Agreement will be VOID. I. WOOF INFESTATION CONTINGENCY (1-00) WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood :ci<, abort L certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in pnt-;^ph '_: this Agreement ?]c ELECTED (A) Within ;r, days of the execution of this Agreement, Buyer, at Buyers expense, will obtain a v.rtten "`. cc Destroying insect infestation Inspection. Report" from a certified Pest Control Operator and will deliver it and supporting documents and drawings provided by the Pest Control Operator to Listing Broker, if an}'. otherwise :o Seller. T report is to be made satisfactory to and in compliance with applicable laws, mortgage and lending institutions. and or Fede Insuring and Guaranteeing Agency requirements. if any. The inspection will include all readily visible and accessible art, of all structures on the Property except the following structures, which will not be inspected: (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement. to treat active infestation(s), in accordance with applicable laws. (C) Ifthe inspection reveals damage from active infestation(s) or previous infestation(s), Buyer. at Buyers expense, has the opti to obtain a written report by a professional contractor, home inspection service, or structural engineer that is limited structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer \1 deliver the structural damage report and corrective proposal to Listing Broker, if any, otherwise to Seller, within days of de livering the original inspection report A/S-2K . Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS'e Version 6.02(5.5)..?ReaQtFASTTO Software Publishing Irc. (c) 2000 Rep PPAPAR222S22. THOMAS S. MITROSASR.CRP. RE/MAX HOMEFINOERS } 15 is (D) Within 5 days of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller repair, at Sellers expense and before settlement, any structural damage from active or previous infestation(s). (E) I f Seller chooses to repair structural damage revealed by the reporr_ Buyer agrees to accept the Property as repaired and agl to the RELEASE.set forth in paragraph 25 of this Agreement ` (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given. Bu within 5 days of receiving Seller's notice, will notify Seller in writing of Buyer's choice to: I . Accept the Proper' with the defects revealed by the inspection, without abatement of price and agree to the RELE,= set forth in paragraph 25 of this Agreement, OR Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Sell permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to RELEASE set forth in paragraph 25 of this Agreement. If Seiler denies Buyer permission to make the repairs, Bu may, within 5 davs of Seller's denial, terminate this Agreement If Buyer terminates this Agreement, all deposit mol paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be retur promptly to Buyer and this Agreement will be VOID. 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES BUI BEFORE 1975 (1-00) r NOT APPLICABLE %PPLICABLE \': Seller represents thatncheck I OR _) Seiler has no knowledge conrrains the presence of :and-based paint and`or lead-based pain: Hazards is bout the Propem. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about Procern. (Provide the basis for determining that lead-based paint and/or hazards exist. the location(s). :midition of the painted surfaces. and other available information concerning Seller's knowledge of -resence of lead-based paint and.or lead based paint hazards.) B: Records. Reports (check l OR _) d I. Seller has no reports •Ir records pertaining to lead-based paint and/or lead-based paint hazards ht or about Property. Seller has provided Buyer with all available records and reports pertaining to lead-based paint andor lead-ba taint hazards in or about the Propem. (List documents) !C) Buyer's Acknowledgment ! . Buyer has received the pamphlet Protect Your Familyjrom Lead in Your Hume and has read the Lead Warr Siatementcontained in this Agreement (See Environmental Notices). Buver's Initials Date _. 3uyer has reviewed Seller's disclosure of known lead-based paint andor lc-id-based paint hazards. to identi in paragraph 10(A) and has received the records and reports pertaining to lead-based paint andror lead-b, paint hazards identified in paragraph I O(B). Buver's Initials Date (D) RISK ASSESSMENT/INSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwel built before 1975. Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period of time) to com a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards. ,c WAIVED. Bud er understands that Buyer has the right to conduct a risk assessment or inspection of the Property to detern the presence of lead-based paint and'or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to RELEASE set forth in paragraph 35 of this Agreement CI ELECTED I. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based p and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different period of far 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property lead-based paint and/or lead-based paint hazards, Buyer may deliver to Listing Broker, if any, otherwis Seller, a written list of the speck hazardous conditions cited it the report and those corrections requested by Bu along with a copy of the risk assessment and/or inspection report _. Seller may, within days of receiving the list and report(s), submit a written corrective proposal to Bu The corrective proposal will include, but not be limited to, the name of the remediation company and a completion for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective meas 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, and agree to the RELEASE set forth in paragi A/S-21(, Standard Agreement For The Sale Of Real Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS Version 6.02(5,5)•/.Rt1e-aIFFAASTS Software Publishing Inc., (e) 2000 Reg# PPAPAR222923. THOMAS S. MITROS.ASR,CRP, REIMAX HOMEFINDERS an.rNRT16PiTT?L1'?fl[.: i'FiN.JO 06/06/0011:15:16 .e-w .,,n.a 25 of this Agreement, OR b. Terminate this Agreement in writing, in which case ail deposit monies paid on account Or purchase price be returned promptly to Buyer and this Agreement will be VOID. Should Seller fail to submit a written corrective proposal within the time set forth in, parn_ra.oh IO(D), of Agreement, then Buyer, within 5 days, will: a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement. OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account or purchase pi will be returned promptly to Buyer and this Agreement will be VOID. (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements. to the bes their knowledge. 11. RADON CONTINGENCY (1-00) (A) Seller represents that: (check appropriate response(s I) ¢t] I. Seller has no knowledge concerning the presence or absence of radon. 2 Seller has knowledge that the Property was tested on the Gates, by the methods (e.g.. charcual canister, alpha e: etc.), and with the results of all tests indicated below: DATE TYPE OF TEST RESULTS (picocuriesiliter or oorking leveis) COPIES OF ALL AVAILABLE TEST RE?'_RT S wtii oz x:icered to 3u zr .with this .A_ro_:r.ent.. EL_ER DC NOT WARRANT EITHER THE METHODS CR RESL'L-S OF THE TESTS. Seller has know'iedge that the Property undencent radon reduction measures on rite late:; and b} ::x nerno, indicated below: DATE RADON REDUCTIGN :viETHCC =.IVED. Buyer understands that Buyer has the option to request mat the Property be inspected for radon 'a% a perm ;n_pector (see Radon Notices. BUYER tX*AIVES THIS OPTION and zerees to the RELEASE set forth in paragraph 2= of y areement. ELECTED (B) Buyer. at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property and .till deliv, copy of the test report to Listing Broker. if any, otherwise to Seller. within days of the execution of .Agreement. (See Radon Notice.) 1. If the test report reveals the presence of radon below 0.02 working levels (4 picocurie<_'liter). Buyer accepts Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement _. if the test report reveals the presence of radon at or exceeding 0.02 working levels (4 cicocuries'Iiterl. Bu,. ?r v within days of receipt of the test results: Option I a. Accept the Property in writing and a__ree :o the RELEASE set forth in paragraph 2= or ;iris Agreement, OR b. Terminate this Agreement in writing, in :vhich case ail deposit monies paid on account of purchase price be returned promptly to Buyer and this Agreement wiii be VOID. OR C. Submit a written, corrective proposal to Listing Broker. if any. otherwise to Seller. The corrective propo. Will include, but not be limited to, the ahme of the :ertifted mitigation company: provisions ror pnym including retests; and completion date for corrective measures. I ) Within 5 days of receiving the correrive proposal. Seller will: a) Agree to the terms of the corrective proposal in writing, in which case BuN er accepts :he Props and agrees to the RELEASE set forth in paragraph 25 of this Agreement. OR b) Not agree to the tennis of the corrective proposal. 2) Should' Seller not agree to the terms of the corrective proposal or fail to respond within the time gh Buyer will, within 5 days, elect to: a) Accept the Property, in writing and agee to the RELEASE set forth in paragraph 25 of Agreement, OR b) Terminate this Agreement in writing, in which case all deposit monies pnid on account of purct price will be returned promptly to Buyer and this Agreement will be VOID. 0 Option 2 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. Tile corrective prop) will include, but not be limited to, the name of the certified mitigation company; provisions for paym including retests; and completion date for corrective measures. Seller will pay a maximum of S toward the total cost of remediation and retests, which will be completed by settlement. AIS-2K . Standard Agreement For The Sato Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS Version 6.02(5.5), ReaIFAST® Software Publishing Inc, (e) 2000 Reg# PPAPAR222922. THOMAS S. !AITROS.ABR.CRP, REIMAX HOMEFINOERS A,Ig -... _ 061051t2 1115:16 a a •T„!"',?:.Z %'?w!4:' car I l If the total cost of remediation and retests EXCEEDS the amount specified in paragraph I I(S) (Option = Seller will, within 5 days of receipt of the cost of remediation• notify Buyer in writing of Sellers choice (a) Pay for the total cost of remediation and retests, in which case Buyer accepts die Prope: and agrees to the RELEASE set forth in paragraph 25 of this Agreement. OR (b) Not pay for the total cost of remediation and retests. If Seller chooses not to pay for the total cost of remediation and retests, or if Se!! fails to choose either option within the time given. Buyer will, within 5 days. norifi Sa in writing of Buyer's choice to: a) Pay the difference between Sellers contribution to remediation and retests and the actual . thereof, in which case Buyer accepts the Property and agrees to the RELEASE set iorti• paragraph 25 of this Agreement, OR b) Terminate this Agreement, in which case all deposit monies paid on account of _crchase p: will be returned promptly to Buyer and this Agreement will be VOID. 12. STATUS OF WATER (1-00) (.A) Seller represents that this property is served by: ? Public Water ¢]c On-site Water ? Communin \Farer None I_ 3: %AATERSERVICE INSPECTION CONTINGENCI R RIVED. Buser acknowledges that Buyer has the option to request an inspection of the water ser. ic-- f r :ila ?: ce 3UYER WAIVES THIS OPTION and agrees to the RELEASE set forth in caraerach'_5 of this Agreement. w =LECTED Buyer has the option. within 30 da%s )(the execution of this Agreement and at Buyers e ;;tense, m Jet'. to Listing Broker. if any, otherwise to Seller. a written inspection report by a qualified. professional .suer tee: compam of the quality and/or quantity of the water service. 1 Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable. at Seiler's exec: i f required by the inspection company. Seller also agrees to restore the Property prior to settlement. If the report reveals that the water service does not meet the minimum standards of any applicable governnnc: authoriq and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender. if an%. Seller will, within 5 days of receipt of the report. notify Buyer in writing of Seller's choice to: a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case BL%er aecep:s Property and agrees to the RELEASE se: forth in paragraph 25 of this Agreement, OR b. Not upgrade the water service. If Seller chooses not to upgrade the water service to minimum acceptable levels, or fails to respond within the ti given. Buyer will, within 5 da%s. either: a. .Accept the Property and the water service and. if required by the mortgage lender. it an,.. and/or Lovernmental authority, upgrade the water service before settlement or within the time required b the morig lender. if anv, and/or any governmental authority, at Buyer's expense and with Seller's permission. which not be unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 or this .Agreement. If St denies Buyer permission to upgrade the water service. Buyer may, within 5 days of Sellers denial. term;: this Agreement. If Buyer terminates this Jgreeement. all deposit monies paid on account of purchase a ill be returned promptly to Buyer and this Agreement will be VOID, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price v. iil be raru: promptly to Buyer and this Agreement ,.h ill be VOID. 13. STATUS OF SEINER (1-00) (A) Seller represents that Property is served by: ? Public Sewer ® Individual On-lot Sewage Disposal S\ stem (See Sewage Notice 1) ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice applicable) ? Community Sewage Disposal System ? Ten-acre Permit Exemption (See Sewage Notice 2) ? Holding Tank (See Sewage Notice 3) ? None (See Sewage Notice 1) ? None Available/Permit Limitations in Effect (See Selvage Notice 5) 1-1 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY ? WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement A/S-2K- Standard Agreement For The Sale Of Rear Estate, V00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS Version 6.02(5,5), Rea1FASTe Software Publishing inc., (c) 2000 Rep PPAPAR222923. THOMAS S. MITROSASR,CRP. RE/MAX HOMEFINDERS . fla/ mmns?J_ ELECTED 1. Buyer has the option. within g,, days of the execution of this Agreement and at Buyers expense, to deli, to Listing Broker, if any, otherwise to Seller, a written inspection :cpor: by a qualified, professional inspector of individual on-lot sewage disposal system. :. Seller agrees to locate and provide access to the individual on-lot sewage disposal system. and, if required by inspection company. empty the septic bilk. at Seller's expense. Seller also agrees to restore the Prooem- prior settlement, If the l;porr reveals defects that do not require expansion or repincement of the existing sewage disposal s} stem. Se! %%ill. within _ days of receipt of the report, notif% Buyer in writing of Seller's choice to: ,r. Correct the defects before settlement. including retests. at Seller's expense, in which case Buyer acceprs tilt Property and agrees to the RELEASE set forth in paragraph 2-4 of this Agreement. OR or corect the defcs. or if Seller fads to respond within the time given, 3w. e: •yill. -mtl days. either: wept the Prooerty and the system and, if required by the mortgage !ender, if an%. andor a _tovzrnmental authora.:. correct the defects before settlement or within the time required by the mora: !ender. if any, and.or any governmental authority. at Buyers sole expense and with Seller's pemissit which will not be unreasonabiy withheld, and egret to the RELEASE set forth in oaraLrnoh 25 of t A•,,retmn nt. If Stile. denies Buyer eermission :o aorre-. tilt defects. Buyer may. within does _'dn'.ni. -:minare his kareement. I' Buyer terminates ;his Agreement. all deposit :ponies ^,.;J .:....-COI of pus ase price %% ill '_e retuned erompth- to 3u}er and :his Agreement will -e VOID. O:. Ternnmte this Aeret:-tnt in wrting, in which case ail deposit monies paid on account o __rcirsa _- will be .-mined promptly to Buyer and this A^_r;e^ent,.will be VOID. t' me r-curt revenis the need to expand or replace the existing individual on-lot sewage disposal systt:n. Selie: ;r.: ithill days of rte report. submit a corrective proposal to Selling Broker. if odhem ;o ?RIN cr. (he corrective proposal will include, out not be limited to. the name of the remediadon company: proh •sii rjr inc;udin•_ crests: _rd comoietien dare for corrective measures. Within ? day.S .hf rtcdi•: uhe ]e!!2 •.:n-xti' e nrocusal. or it no corrective proposal is received within the rime given. Buyer will: _ e :u tit terms of doe corrective proposal, if any. in writing, in which case Bu;: er accepts ;' e ? o dr:: .. .._:ees ro the RELEASE set forth in paragraph 25 of this Agreement. OR ocept tilt property and the s}stem and. if required by tilt mortgage lender, if am, and or an, governrmn atiwrty. correct the defers before settlement or within the time required by the mortgage lender. if an, . a::d n} governmental authority, at Buyers sole expense and with Sellers permission. whicl, wail net ..nrt!4onably withheld. and agree to the RELEASE set forth in paragraph 25 of this Agreement. if Seller den 3uyer permission to correct the defects. Buyer may, within 5 days of Sellers denial. terminate this A_reeme lr Buyer terminates this .agreement, all deposit monies paid on account of purchase price ,sill be return ::romptly to Buyer and this Agreement will be VOID. OR Tcnninate this Agreement in writing. in which case all deposit monies paid on account of ;mrc::aee price ,t x retuned prompth :u Buyer and this Agreement will be VOID. i?. .I;TIC'E,;. aS.1,ESSNIENTS S CERTIFICATES OF OCCCPANCY I IJJ0) :'rpn:septs as of Se!ld%s execution of this Agreement, that no public improvement. conduntinium :r. Ihomeol?r .rs>oc:aeon assessments have been :nave :against the Property which remain unpaid and that no notice by an. io%trnrhenr puriiC audiur:r.:ias been --cned upon SCiler or amont on Seller's .'half. Including notices relating, to violaticns of ?9na h.ursin_a. buildinu. safer. or fire ordinances which remain uncorrected. and that Seller knows of no condition that : of :;institute rioirt:on of an% such ordinances which remains uncorrected. unless otherwise specified here: t ?j l Seller knows of no other potential notices ; including violations) and assessments except as follows: L In :hee%ent am nodces(inc!uding violations) and assessments are received afterexecurionofthis.Agretment and befart =ettiCa:C, Seller wit I norir•. Buyer in writing, within 5 days of receiving the notice or assessment, that Seller ,.will: I . Colpph with notices and assessments at Seller's expense, in which case Buyer accepts the Property ar,d mattes w RELEASE set forth in paragraph 25 of this .Agreement, OR NOT comply with notices and assessments at Seller's expense. in which case Buyer will notify Seller sA a hin 5 days writing that Buyer will: a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in Para,gra 25 of this Agreement, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be return promptly to Buyer and this Agreement will be VOID. If Buyer faits to notify Seiler within late time given, Buyer accepts the Property and agrees to t RELEASE set forth in paragraph 25 of this Agrcement. (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department Transportation. (E) It'required by law. within 1 _ days of the execution of this Agreement, Seller will order for delivery to Selling Broker. AIS-21K - Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS'B Version 6.02(5,5). ReaIFAST® Software Publishing Inc, (c) 2000 Rego PPAPAR2225:1 THOMAS S. LIITROS,ABR,CRP RE/MAX HOMEFINDERS BuYo1,tlUtl!la- 051(E.7: 'r 15 18 So 0!}Iti any. otherwise to Buyer. on or before settlement. I. A certiFkation from the appropriate municipal department or departments disclusing notice ur,ul uncu acted ciolat of zoning, housing, building, safety or fire ordinances, AID;OR A certiricate permitting occupancy of the Propern% In the event repairsrimprowenhents art r quired for the issuance o cerificaie. Seller will. within 5 days or Seller's receipt of the recuirements, notin Buyer of the requirements and wile[! Seller will make the required repnirsiimprovements at Seller's expense. If Seller chooses not to make die required repairs improvements. Buyer Will. within = days. noth Seller in writing of Bu\t choir-. to terminate this Agreement OR make the repairsrimpro%e:rents at Buyers expense and with Se!let's pe:missi. Which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs. Buyer map, wir; da\s of Seller's denial, terminate this Agreement. If Buyer terminates this Agreement. all deposit monies -aid on accot of _urchase price will be returned promptly to Buyer and this .Agreement will be VOID. I_. TITLE. SURVEYS- & COSTS (1--011) (Ai The Prooe-t is to be conve`:ed free and clear of ail !fens, encumi:antes, and easements, EXCEPTING HC`.6EVER following: existing deed restrictions, historic preservation resiricdcns or ordinances, building restrictions, ordinances. ea-rents of roads, -.35ements visible upon the ground. easeti-=rs of r!-ord. privileges or rights of rublic ser%icz zon iian:- _:;\: otherwise Elie tide to the above described real -.hare .rill 1 __ad and market-bie nd is Will _..._.•red " - tabie Title insurance Comcanv at the regular ryes. 3'. in !.. e\ em Seiler- is unabie:o give a • cud and ;marl:: _oie a:a s .rill -: roar.,. e raular rates. as ioeciried in paragraph I:(AI. 3u•.c. will aa\e :..e action of taking such t.•,- ..s :e n1J:, urging the price or of being repaid all monies -_.c b\ Bu-:er := Seiler on account of pure- se ::tic: Seiler .\ -.!n:burse Bu}er for any costs incurred by Buwer Ebr _ ose items spec:fied in paragrnph I?iC) an oam_..^..pi: i:ID> ire: and in the latter -.vent tile.-. %viil e no ",Tiber or obiiaation on either cf ::t carries aeretu and :i een:en[ will become VOID. ;n . iur: eN' or surveys which may be required b) the `::ie Insurance :ampanv or Elie abstracting .[:tome`:, or :::e ,reoarn )r an 14equare legal description of the Prooe t•: Ior the correction thereof), will be secured and -aid for lo' Seiler. Huck-. an•. or surveys desired by Buyer or required by :--. mortgage lender will be secured and !:aid :br by Bu} er. D I 1 -- er .c ill oa% (or the following: (1) The premium for :mechanics lien insurance and.'or title scarci:. or re- for canctila[iun setae. if ally: (=) The premiums for flood insurance era or fire insurance with extended coverage. ir.iurance binder charges can_:!!anon fee. it anv; (.) Appraisal fees anu ehargei oaia in ad\:nct :o mortaaae lender, 1a.1 Bu`:eri customs settlement costs and accruals. - 16. ZONING CLASSIFICATION (14)1)) Pai F J•e of Ilh6 Agreement [0 eORial? [Ile ZOr1in'1 C!fi551[:: IIOr1 i,txCCII[ .:! :x525 \\'!1Cre O1C proper..: :and each cafe-.! thereof. subdividablel is zoned solely or primarily to permit $in_x-family dWeiGmas) will render this Agreement voidable at the optic of the Buyer. and. if voided. any deposits tendered b} :he Buyer w"! be returned to the Buyer `.\ ithout anw recuirenhent f sur, action. Zuning Classification: _L=CT'cD. Within Jays ofthe execurion c: _:is Agrtem-n'. 3u"er sill weary that [Ile e:•:stng use -.Emile Props is is permine !n J:e event the use is not permitted, Buyer will. within the time ;iwen for verification, noEir. Listn`_ Broker. if an oi'Wr`xise Seller, in writing that the existing use of :ie Propern s not permitted and this Agreement will be VOII in :\hich case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure respond within the time given will constitute a WAIVER of this contingency and all other rerms of this Agreeme remain in full force and effect. I COAL NOTICE 121 NOT APPLICABLE APPLICABLE THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AN RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN. AND TF OWNER.OR OWNERS OF SUCH COAL MAY HAVE THE CONIPLETE LEGAL RIGHT TO REMOVE ALL SUCH COA AND f.N.THATCONNECTION.DAIWAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE. BUILDIN OR OTHER STRUCTURE ON Ott IN SUCH LAND. (This notice is set forth in the manner provided in Section I of the Act July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resultil from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by private contract with the owners of the economic interests in the coal. This acknowledgment is made for the purpose of complyil with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 37. 1966." Buy agrees to sign the deed from Seller which deed will contain t t aforesaid provision. 13. POSSESSION (1-98) (A) Possession is to be delivered by deed, keys and: 1. Physical possession to a vacant building (if any) :room-clean. It.- ofdebris at day and time of settlement, AND/OR 3. Assignment of existing lease(s), together with c.ny security deposits and interest, at time of settlement, if Property tenant-occupied at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowled; A1S--2K - Standard Agreement For The Sala Of Rear Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO Version 6.02(5.5). RealFAST® Soll"m Publishing Ix. (c) 2000 Reg* PPAPAR222521 THOMAS S. rdITROSASR.CRP• REIMAX HOMEFINOERS existing lease(s) by initialing said leases(s) at time of signing of this Agreement, if Property is tenant-occupied (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Propel without expressed written consent of Buyer. 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or pla of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of d Agreement. 20. ASSIGNMENT (3-85)This Agreement will be binding upon the parties, their respective heirs, personal representatives, 2uardia and successors, and-to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, thu Bu. will not transfer or assign this Agreement without the written consent of Seller. 21. DEPOSiT& RECOVERY FUND (1-00) (A) Deposits paid by Buyer within 30 days of settlement will be by cash. cashier's or certified check. Deposits, regardless of t form of payment and the person designated as payee, will be paid to Broker or party identified in paragraph 3(F). ,rho will re:: :hem in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws a ic_ulations. Any uncashed check tendered as deposit may be held pending the acceptance of this offer. (3) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules a Regulations of the State Real Estate Commission (49 Pa. Code §35.327) to retail the monies in escrow untii the discute resolved. In the event of litigation for the return of deposit monies. a broker will distribute the monies as directed b} a tit order of court or tine written Agreement of the parties. Buyer and Seller agree that. in the event any broker or aftilinied :lens, is Joined in litigation for the return of deposit monies. the attome}s' fees and costs of the broker(si and iicenseei .will be paid by the party joining diem. Ci :A Real Estate Recovery Fund exists to reimburse any persons %%no have obtained a final civil judgment auamc: ?ennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction anc ithu haNa .e unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund. t 71 ") 733-3653. or (300) 322-1-113 (within Pennsylvania) and (717) 733.4354 (outside Pennsylvania). __. CONDOMINIUM / PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-00) NOT APPLICABLE 7 APPLICABLE: CONDOMINIUM '?u•: er acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' -,mccianur,. ;:.C? of i-'niform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and conies •.: die condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the a<_so-_:a:z .APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned COmliiuniti (See Definition of Planned Community Notice for the definition contained in the Act} §5407(a) of the Act requires Se!ler furnish Buyer with a copy of the Declaration (other than plats and plans the bylaws, the rules and reauiations or association, and a Certificate containing the provisions set forth in §5407(x) of the Act (A) Within days of the execution of this Agreement, Seller will submit a request to the association fora Cemilcate Resal_ and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is requir to provide these documents within 10 days of Seller's request 3) Lr..ier die .Act. Seller is not liable to Buyer for the failure or delay of the association to provide die Certificatc in a runt :manner. nor is Seller liable to Buyer for any erroneous information provided by the association and included in the Cer rifica: (C) Bu}er may declare this Agreement VOID at any time before Buyer's receipt of die association documents and for 5 do thereafter, OR until settlement, whichever occurs first Buyer's notice declaring the Agreement void must be in writir thereafter all deposit monies will be returned to Buyer. (D) In the event the association has the right to buy the Propem• (right of first refusal), and the association exercises that ri_r Seller wilt reimburse Buyer for all monies paid by Buyer on account of purchase price and. for any costs incurred by Bu., for: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any: ('_) T premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee. any: (3) Appraisal fees and charges paid in advance to mortgage lender, if any: (4) Buyer's customary settlement costs accruals. 23. ,vIAINTEYANCE & RISK OF LOSS (1-00) (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its press condition, normal wear and tear excepted. (B) in the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the ite Seller will promptly notify Buyer in writing of Seller's choice to: I . Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market val of the failed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buz accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed system appliance, in which case Buyer will notify Seller in writing within 5 days or before settlement, whichever is soon that Buyer will: a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be return AIS-2K • Standard Agreement For The Sala Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS4 Version 8.02(5,5). R"IF,.AST?/®yySofft?tware Publishing Inc. (e) 2000 Rega PPAPAR222923. THOMAS S. MITROSABR•CRP, REIMAX HOMEFINOERS ra.../?1//1 e 08108100 11a5:16 ?. +. '• prompth• to Bllwer and this Agreement will be VOID. (C) Seller will bear risk pf 'oss from fire or odier casualties until time of settlement. In the event of damage b) tire or of casualties to an% property included in this sale that is not repaired or xplaced prior to settlement. Buyer will pace the opt of rescinding tills Agreement aid promptly receiving all monies paid on account of purchase price or of accenting :he Prope in its then condition cog=ether with file proceeds of any insurance tecoier• obtainable by Seller. Buyer is h.rebc notified t Bui er may insure Buyer's equitable interest in this Property as of die time of execution of this Agreement. 24. WAIVER OFCONTINCENCIES(1-00) In the event this Aereement is contingent on Buyer's right :c inspect and or repair the Property, Buyer's failure to exercise a of Buyer's options within the time limits specified in the contingency provision(s) will constitute a WAIVER of if contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 2_. RELEASE (I-00) Buyer hereby releases, quit claims and foreverdischa ,es SELLER, ALL BROKERS, their LICENSE] EMPLOYEES, and any OFFICER or PARTNER of any one of them and any other PERSON. FIRM. or CORPORATI( who may' be liable by or through them, from any and all claims, losses or demands, including, but not limited to. persoi injuries and property damage and all of the consequences thereof, whether now known or not, which may arise from i presence of termites or other wood-boring insects. radon. lead-based paint hazards. environmental hazards. any defects the individual on-lot sewage disposal system or deficiencies in the on-site water service system. or anv defects or wnditi( on the Property. This release will survive settlement. _'G. REPRESENTATION'S (14)0) (Ai :r..r undeatards [fiat am represen[ations c:: i.. ad. _:-ising. -ear.:.:tonal ache ies.:rrocaures :r ar;uu .:f a:r. •.... : ad: .._.. c.. Brokers. :heir .,rxasees. e:nplv?ees. . ac. ., runners _._ not _ :.:c of this A_ree:r.c:a. ..:errs .. car-orated or stated in :nis.Aireement. 63) It is understood that Buyer has inspected the Property before signing this Agreement (including ilxtures a MIN personal property specifically scheduled herein). or has waived the right to do so, and has agreed to purchase it its present condition unless otherwise stated in this Agreement. Buyer acknowledges that Brokers. their license employees, umcers or partners have not made an independent examination or determination of the structu soundness of Elie Property. the age or condition of the components. environmental conditions. the permitted uses. or :unditions existing in the locale where the Properp' s situated: nor have they made a mechanical inspection of :ms the ,,.stems contained therein. 1,') i. '-, irrther understood hat :his Agreement .vrtains :.6 whole aeree^rent between Seller and Buyer and dierz :ue no oil -....i. obligations col:nanis. =resentations. state:r.er.:s or conditicas. oml or otherwise of am' kind whatsoe. er _nnverm ._ sale. Furnennure. Jiis .A_reement wiil :lot ;e ....red.:unecde_. changed. or modified except in wrEin_ esec:lied ire ;arrws. (D) Tae headinss captions. and line numbers in this .A;rye:^a:n are :near.: :nil to make it easier to find the pnragrani:;. 27. TIME OF THE ESSENCE- DEF..kL:LT(I-00) The said time for settlement and all other times referred to :-or the performance of any of the obligations of this .Agreement hereb.:;reed to be of the essence of this Agreement. For the purposes of :`s .Agreement. number of days will be taunted from date %I;'.%-cution. b% excluding the day this Agreement was e>:ecuted and including the last day of the time period. Should Buy (A) ! .:.:o make any. additional payments as specified in paragraph 3: OR (3) ".=Ish false or incomplete Information to Seller. Lisra:_ Broker. Seising Broker. or the mortal_ :ende% if ar.. concern, 3•t:' .rs ie•_al or rinancial status. or fail to cooperate in ice processing o ",he mortgage loan application. icilich uc:s would re<_ ......e failure to obtain the approval of a mortiz^ge loan .ammianem: OR t!:) • .. age or fail to ndfill and perform any other terms or conditions of :s Agreement. is such case. Sailer dos dire option of retaining _f' sums paid Buver, inciuding die deposit monies. i i or account :ur:nase price. or 2) as monies to be applied .o Bailer's ?:emages. cr. as liquidated damages for such breach. as Seiler IT :. unless otherwise checked below. ? Seiler is limited to retaining sums paid by Buyer. including deport mon'.es. as liquidated damages. is Seiler elects to retain all sums paid by Buver. ine:c,:it i_ deposit =nies as liquidated damages. Buyer arc )eiier wifl _._ased from furher liability or obligation and this Agreement will '-e *.'O[D. 23. BROKERS (I-00) The Business Relationships between C.e Broker(s) and Seller and Buyer are as follows. UNLESS a differ reiativnship is checked below. (.A ) Tile Listing Broker is Agent for Seller. (B) 'i he Selling Broker is Agent for Buyer. (C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to licensees, UNLESS there is a Designated a:gent(s) for Seller and a Designated Agent(s) for Buyer. If the same License: designated for Seller and Buyer, the Licensee is a Dual Arent. A Business Relationship exists that is different from above. as follows: ? The Selling Broker is the Agent/Subagent for Seller. ? me Selling Broker is a Transaction Licensee. ? The Listing Broker is a Transaction Licensee. (D) Broker(s) may perform services to assist unrepresented carties in complying with the terms of this Agreement. 29. MEDIATION (7-96) ? SOT AVAILABLE AIS-2K . Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO Version 6.02(5.5), ReaIFAST® Software Pubishing Ine., tr.) 2000 Reg* PPAPAR22292= -HOMAS S. L:i:AOSASR,CRP, REIMAX HOMEFINDERS Buyv(sa InNtlaar°°-'T 08/06.':: t 1:15.76 _ .: ::rsls>...., -t. a ® WAIVED. Buyer and Setter understand that they may choose to mediate at a later date, should a dispute arise. but that tt will be no obligation on the part of any parry to do so. ? ELECTED (A) Buyer and Seller will trv to resolve any dispute or claim that may arise Rom this Agreement through mediat in accordance with the Rules and Procedures of the Home Sellers;Home Buyers Dispute Resolution Svstc:tt. , agreement reached through a mediation conference and signed by the parties will be binding. (B) Buyer and Seller acknowledge that they have received, read. and understand the Rules and Procedures of the He Sellers/Home Buyers Dispute Resolution System. (See Mediation Notice.) (C) This agreement to mediate disputes arising from this Agreement will survive settlement Buver and Seller acknowledge that thev have read and understand theno tic es and explanatory inform 2tion set forth in Ellis A recut Buyer acknowledges receiving a copy of this Agreement at the time of signing. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS .-? BINDING CONTRACT. Return by facsir transmission (FAX) of this Agreement, and all addenda. bearing the signatures of all parties. constitutes necepta of this Agreement. Parties to this transaction are advised to consult an attorney before signing if they desire Ir al adz / r >' r :4iT:lE_'i % rv ;1 7 '• BUYER?? __-- Ir.chony 3819 =ac:man s; ? ?'__-_zec=n, 2C;: ? .7 7 BUT Marra Email Seller hereb} approves the above contract this (date) and in consideration of the services rendered in procuring the Buyer. Seller agrees to pay the named Listing Broker a fee of _ ofrfrom the herein specified sale price. In the event the Buyer defaults hereunder. any monies paid en :ccotutt will be divi, Seller. Listing Broker but in no avenr will the sum paid to Lisan_ Bn;l:er n it exc of die above seecirieu Brokers tea :i=•:i=-a SEi,i.Efi i /;lam Helen T Snyder 575 Newvi__e Rcad, :texbucc, ?A 17240 / 11 TiIES^ SELLER j J Robert nyder 575 Ne:+v:__e Road, ::zxburg, ?A 17240 Email r Brokers'/Licensees' Certifications (check all that are applicable): ? Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: fife undersigned Licens involved in this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of d knowledge and belief. Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under 1 Residential Lead Paint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance ? Regarding FHA Mortgages: 'Ilse undersigned Licensees involved in this transaction, oil behajfof themselves and their brokr A/S-2K • Standard Agreement For The Sale Or Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS4 Version 6.02(3,S). ReeIFAST® Sanware Publishing Ine.. (a) 2000 Reg# PPAPAR222923. THOMAS S. MITROSASR,CRP, REIMAX HOMERNOERS ® WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise. but that th, will be no obligation on the part of any parry to do so. ? ELECTED (A) Buyer and Seller will try to resolve any dispute or claim that may, arise from this Agreement through n%diatic in accordance with the Rules and Procedures of the Home Sellets,'Home Buyers Dispute Resolution Svsmtn. A agreement reached through a mediation conference and signed by the parties will be binding. (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Hor SellerslHome Buyers Dispute Resolution System. (See Mediation Notice.) (C) This agreement to mediate disputes arising from this Agreement will survive settlement Buyer and Seller acknowledge that they have read and understand then oticesand explanatory information set forth in this A-!reemet Buyer acknowledges receiving a copy of this Agreement at the time of signing. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEJIENT 15 A BINDING CONTRACT. Return b}• fucsimi transmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties. constitutes acceptan of this Agreement. Parties to this transaction are advised to consult an attorney before signing it they desire legal advic ? '02 Z F ? :? _._-._ //J'?i ?n=?'i', 't? C, R 1Y _ f l.! ??r? " Anthony V Eucze; 41 j / 3819 _ ac= an hi:a=._,c_= , CC ::OC_= Y -/ C'-- Marta .. 3__=x111 3819 _ _ -_.. .. r. ••e= _ --?.., CC 20015 Email Seller hereby approves the above contract this (date) and in consideration of the services rendered in procuring the Buyer. Seller agrees to pay the named Listing Broker a fee of _ ofifrom the herein specified sale price. In the event the Buyer defaults hereunder. any monies paid on account will be Jwida . Seller. Lutin_± Broker. but in no evanr kill the sum paid to Listing Broker bay in exce. oflhe above speci tied Brokers fee. ?7_'_';less SELLER DA_E Helen T ..Snyder, j = 575 Newvci:e Road, :7ewburg, PA 17240 i i7.,NESS SELLER DAYZ 'L- - J Robert. cyder ri 7 575 Newv: _e Read, Newburg, PA 17240 Email Brokers'/Licensees' Certifications (check all that are applicable): ? Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned License involved in this transaction, on behalf of themselves and their brokers, certify that their statements arc true to the best of the knowledge and belief. Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under T Residential Lead Paint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance. ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their broke. A1S-2K" Standard Agreement For The Sate Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO Version 5.02[5.51" ReNFASTO Software Publishing Im. (e) 2000 Rego PPAPAR222923. THOMAS S. MITROSASR,CRP, REMAX HOMEFINOERS 06106M0 11:15:18 - - _., .._ certify that the terms of this contract for purchase are true to the best of their knowledge and belief, and that any oth agreement entered into by any of these parties in connection with this transaction is attached to this Agreement. ? Regarding Mediation: The undersigned ? Listing Broker ? Selling Broker agree to submit to mediation in accordance with paragraph 29 of this Ajrcemen[. LISTING BROKER (Company ACCEPTED BY _ SELLING BROKER (Company Name) ACCEPTED BY DATE A/8-2K- Standard Agnamelt For The Sale Or Raal Es", V00 ' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS( Version 6.02(5.5). ROWA971® So wa a PulwahkV Inc. (c) 2000 RaV PPAPAR222923, THOMAS S. MITROSABRCRP, REIMAX HOMEFiNDERS " NOTICES AND INFORMATION INFORMATION REGARDING THE SELLER'S PROPERTY DISCLOSURE ACT Generally speaking, the Seller's Property Disclosure Act applies to any sale, exchange, installment sales contract, lease with an option buy, or transfer of an interest in real estate where not less than one and not more than four residential dwelling units are involve The Act stipulates that certain disclosures have to be made and delivered in a form defined by the Act, before an agreement of sale signed. The Act defines nine exceptions, where the form does not have to be used. 1. Transfers that are the result of a court order. Z. Transfers to a mortgage lender that result from a buyer's default and subsequent foreclosure sules that result from default 3. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust q. Transfers from a co-owner to one or more other co-owners. 5. Transfers made io a spouse or a direct descendant 5. Transfers between spouses that result from divorce. legal separation, or property settlement Transfers by a corporation to its shareholders as part cf a plan of liquidation. 3. Transfers by a partnership to its .partners as part of a plan of liquidation. i. Transfers of new construction that has never been occupied when: a. The buyer has received a one-year written warranty coveting ate construction: b. The building has been inspected for compliance with the applicable building code or, if none, a natiumiN rucogniz !node[ building code; and c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling. In addition to :nose exceptions. die Ac[ limits the disclosure in the cases of condominiums and cooperatives to die sellers ea:icular unit does no[ impose disclosures regarding common areas or facilities: those elements are already addressed in the laws that goiem the resa of condominiums and cooperative interests. NOTICE TO BUYERS SEEKING FINANCING Th: appraised value of the Property is used in determining the maximum amount of the loan and may be differtrt from t purchase price andlor market value. NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS U.S. Department of Housing and Urban Development FHA Loans: For Your Protection: Get a Home Inspection What the FHA Does For Buvers_.and What We Don't Do What we do: FHA helps people become homeowners by insuring_ mortgages for lenders. This allows lenders to offer mor;ages first-time buyers and others who may not qualify for convetional loans. Because the FHA insures the loan for the lender, the bu; pays only a very low down-payment. What we don't do: FHA does not guarantee the value or condition of your potential new home. If you find problems with your n home after closing. we cannot give or lend you money for repairs. and we cannot buy the home back from you. That's why it is so imporrant for you, the buyer, to set an independent home inspection. Before you sign a contract, ask a qualifit home inspector to inspect your potential new home and give you the information you need to make a wise decision. Appraisals and Home Inspections are Different As part of our job insuring the loan, we require that the lender conduct an FHA appraisal. An appraisal is different from a ho inspection. Appraisals are for lenders; home inspections are for buyers. The lender does an appraisal for three reasons: • To estimate the value of a house • To make sure that the house meets FHA minimum property standards • To make sure that the house is marketable Appraisals are not home inspections. Why a Buyer Needs a Home Inspection A home inspection gives the buyer mote detailed information than an appraisal - information you need to make a wise decision. In home inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to: ArS-2K - Standard Agreement For The Sale Of Real Estate, 1roa COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS4 Version 0.02(3 S), R61FAST® Software Publishing Int. (e) 2000 Reg# PPAPAR222922. THOMAS S. MITROSASRCRP, REIMAX HOMEFINOERS r • Evaluate the physical condition: structure, construction, and mechanical s% steins • Identify items drat need to be repaired or replaced • Estimate the remaining useful life of the major systems. equipment stmc:;Ere. and !finishes What Goes into a Home Inspection A home inspection gives the buyer an impartial, physical evaluation of the o\erail condition ol'the home and items that need to repaired or replaced. The inspection gives a detailed report on the condition of Me structural components, exterior. rooting, plumbic electrical, heating, insulation and ventilation. air conditioning, and interiors. Be an Informed Buver It is your responsibiliry to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You hace the right carefully examine your potential new home with a qualified home inspector. You should arrange to have a home inspection ben you purchase our home. Make sure your contract states that the sale of tine home depends on the inspection. If you belie,..- .ou have been subiect to discrimination because of pour race. coior. religion, sex. handicap. ,hntihai status. or ?ano origin. you should call the HUD Fair Housing and Equal Ooportunir" Complaint Hotline: (3001669-9-177. This statement must be deiicered to %ou at tine time oI mirial loan: pohcntiG; Jlle .Op) to .:our 'z as prcof _ 1CM C.-.r. and keep one :ac,- for .our recorcs. You. the borrower(s). must be certain that you understand the transaction. Soak professional advice if you are uncertain. PROPERTY INSPECTION NOTICES Property Inspection:. general inspection of the Property can be =formed b;: a crofessionai contractor.or home inspection service may include inspections of: structural components: roof. exterior windows and exterior doors; exterior siding. fascia. gu[ters. c downspous: appliances: electrical. plumbing, heating, and cooling s_:stems•..caier penetration: and any other items Buyer may Bela Inspections or :ernfications might include: Environmental Hazards (e .. Asbestcs. Ureafarmaldelnyde Foam Insulation. Undergrou Sionse Tanks. etc.), Elecromagnetic Fields. Wetlands Insbection. Flood Plain Verification. Propem Boundary!Sauare Foot, Veritcation. and anv other items Buyer may select. Buyer is adv¢ed to investigate easements. deed and use restrictions :including c historic preser. anion restrictions or ordinances) that apply to tine Proee-t and to ,-%Se,.v local zoning ordinances. Flood Plains: If the Property is located in a flood plain. Buyer ina% be required -.a tarry additional insurance. Property Boundary/Square Footage: Buyer is advised that Seller has not had me Property surveyed and that any fences. hedges, wE and other natural or constructed barriers may or may not represent the true boundar: [ides of the Property. Buyer is also advised that a numerical representations of square footage of the structure(s) and or lot size ate approximations only and may be inaccurate. Buyer advised to am.age a professional surveyor or obtain an independent measurement of the structure(s) and;or lot size if Buyer wishes make this saiz :on[ingent on Buyer's approval of the Properr's boundaries or square footage. Water Service: Buyer ma} alect to have the water service inspectec oy a professional ware, testing company. In addition. on-site w2 service systepts may have to meet certain quality and or quantir. require:r.ems set by the municipaliq or the lender. Wood-Destroying Insect Infestation: Insects whose primary source 'of food is .wod, such as termites, c(ood-boring beetles, carpen ants, carpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termite and Pest Control compan are available to make inspections to determine whether wood-destroying insects are present. Because of the way these insects functii damage to wood may be hidden. Careful selection should be made ofskilled experts in the termitelpest control field to insure a nrol determination of whether wood-boring insects or resultant damage is present ENVIRONMENTAL NOTICES Asbestos: The heat-resistant and durable nature of asbestos makes it useful in'consfftiletioit died industry. The physical properties that g asbestos its resistance to heat and decay are linked with several adverse human health effeclts±Asbestos can easily break into microsco fibers that can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos known to cause Asbestosis and various fortes of cancer. Inquiries or requests for more information about asbestos can be directed to United States Environmental Protection Agency, I I I ISth Street N.W., Washington, D.C. 20207, and/or the Department of Heai Commonwealth of Pennsylvania. Division of Environmental Health. Harrisburg. PA 17120. Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence t EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue. Environmental Hazards: The U.S. Environmental Protection Agency has a list of hazardous substances, the use and disposal of which AIS-2K - Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR51 Version 6.02(5,5), R*WFAST® Software Publishing Inc, (c) 2000 Rep PPAPAR222923. THOMAS S. MITROSASRCRP, REIMAX HOMEFINOERS -.i j .' restricted by Imt. Generally. if hazardous substances are found on a property. it is the property owner's responsibility to dispose of III properly. For more information and a list of hazardous substances. contact U.S. Emironmental Protection Agency, I I I ISth Street N. Washington. D.C. 20207. (202) 160-4700. - Ureaformaidehyde Foam Insulation (UFFI): Ureaformaldehyde Foam Insulation (UFFI) is a thermal insulation ma[erial that manufactured at the site of installation and pumped into the space in the walls of the building being insulated. UFFI can re!e formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effects linked to exposure to UFFI are can, acute illness such as eye. nose, and throat irritation, and sensitization. Although a 1982 ban of future sales of UFFI by the U.S. Consur Product Safer Commission was o?enumed in 1983 because the health risk was not established as "unreasonable," it is recontmem that prospective buyers be informed if UFFI is present or has been present on the property. Tests can be conducted to deternnme concentration of formaldehyde gas present in a structure, as well as to measure the presence and toxicity of UFFI. The cost of -e:noy UFFI will vary with the design of the construction and the accessibility of the insulation. Information regarding tests and test orocedures can be obtained by writing the U.S. Consumer Product Safen• Commission. Office of the Secretary, Third Floor.:- r.Westbard Avenue. Bethesda. N1D 2020-. Wetlands: Wetlands are prorected by both the federal and state got emments. Buyer may wish to have the Prooerr inspected for oy an environmental en_ineer to determine if permits for plans :o build, improve. or .ieye!oo the property unuid be a:?ec:ri oi- !,n because of wer!nnds. Lead: (For Properties built before 19-S) Lead Warning Statement: Eter. purchaser of any interes: is residentiai real property on which a residential dweilin_ ..as prior to :9-3 is notified that such property may present exposure to lead from lead-based paint that may place %oung childr-2 at of deyeieping lead poisoning. Lead poisoning in young chiidren may produce permanent neurological damage, including lcarn disabilities. reduced intelligence quotient, behavioral problems. and impaired memor. Lead poisoning also poses a panicular - to preuny rr women. The seller of any interest in residential real property is required to provide the buyer with any information ead-based paint hazards from risk assessments or inspections in the seller's possession and notifv the buver of any kno !ead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase Lead Hazard Disclosure Requirements: In accordance with :he Residential Lead-Based Paint Hazard Reduction Act, anv seller propert:, built before 1978 must provide the buyer with an EPA-approved lead hazards information pamphlet tided Pro/„•cr Y Fumiir From Lead in Your Home and must disclose to the buver and the Brokens) the known presence of lead-based paint and lead-based paint hazards in or on the property being sold, including the basis used for derermining that lead-based paint and/or le: based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfac Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller pertaining lead-based paint and/or lead-based paint hazards in or about the properr• being sold, the common areas. or other resident dwellings in multi-family housing. The Act further requires :hat before a buyer is obligated to purchase any housing construc prior to 1973, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to condcc risk assessment or inspection for the presence of lead-based Paint and.or lead-based pain[ hazards. The uoportuni-,% to coi,duc risk assessment or inspection may be waived by the buyer. in writing. Neither testing nor abatement is required of the ;ei. Hcusin_ built in 1973 or later is not subject to the Act Radon: Radon is a natural, radioactive gas that is produced in the >--round by the normal decay of uranium and radium. Studies Indic :hat extended exposure to high levels of radon gas can increase The risk of lung cancer. Radon can find its way into any air-sea including basements and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises correct action if the annual average exposure to radon exceeds 0.02 working levels or 4 picocuries.liter. If a house has a radon problem, it usue can be cured by increased ventilation and/or by preventing radon entry. Any person who rests, mitigates, or safeguards a buildin-L radoo in PennsxiCania must be certified by the Department of Ea•:ironmenml Protection. Information about radon and about cer[if resting or mideation firms is available through DEP, Bureau of Radiation Protection. P.O. Box 2603, Harrisburg. PA 171. (300) 23RADON or (717) 783-3594. - SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXLSTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR TI SUBJECT PROPERTY. Section 7 ofthe Pennsylvania Sewage Fkilities Act provides that no person shall inst. construct, request bid proposals for constnrction, alter, 1•epair or occupy any building or structure for which individual sewage system is to be installed, without first obtaining a permit. Buyer is advised by this notice that, beh signing this Agreement, Buyer should contact the local agency charged with administering the Act determine the procedure and requirements for obtaining a permit for an individual sewage system. The local ager charged with administering the Act will be the municipality where the Property is located or that municipality worki cooperatively with others. A/S-2K - Standard Agreement For The Sate Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO Version 6.02(5,5), Refall'ASTO S((oothmare Publishing Ire., (c) 2000 Rep PPAPAR222523. THOMAS S. MITROSASR,CRP, REIMAX HOMEFINDERS _ rPaye :an,<.we? .., : ... •...:. _.... ,."061051N 11:15:16 .... ... .:. .... _..:-aa?iymc ' NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TE ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWA( FACILITIES ACT.(Section 7 provides that a permit may not be required before installing, constructing, awarding contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or'. is subdivided from a parent tract after January 10. 1937). Buyer is advised that soils and site testing-were not conduct and that, should the system malfunction, the owner of the Property or properties serviced by the system at the time o, malfunction may be held liable for any contamination, pollution. public health hazard or nuisance which occurs a result NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHIC SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED Ai• CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SIT Pursuant to the Pennsylvania Selvage Facilities Act, Seller must providea history of the annual cost of maintaini the tank from the date of its installation or December 14, 1995. whichever is later. NOTICE 4: AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Cc _3.13 pertaining :o minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that t minimum horizontal isolation distance between an individual water supply or water supply system suction line a treatment tanks shall be 50 feet. Subsection (c) §73.13 states that the horizontal isolation distance between t individual water supply or water supply system suction line and the perimeter of the absorption shall be 100 feet NOTICE 5: THIS LOT 1S WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJE( TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT Al, CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEG. UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO TI PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. DEFINITION OF A PLANNED COMMUNITY The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by virtue of ownerst of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owne interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administra ion or regulati of any part of the real estate other than the portion or interest owned solely by the person. The tens excludes a cooperative and condominium, but a cooperative or condominium may be pan of a planned community. For the purposes of this definition. "ownershi includes holding a leasehold interest of more than 20 ,years, including renewal options, in real estate. The term includes non-resident campground communities. Exemptions from the Uniform Planned Community Act- When a Certificate of Resale Is Not Required The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under 1 following circumstances: . A. The Planned Community contains no mote than 12 units, provided there is no possibility of adding real estate or subdividing un to increase the size of the planned community. B. The Planned Community is one in which all of the units are restricted exclusively to non-residential use, unless the declaration provides that the resale provisions are nevertheless to be followed. C. The Planned Community or units are located outside the Commonwealth of Pennsylvania. D. The transfer of the unit is a gratuitous transfer. E. The transfer of the unit is required by court order. F. The transfer of the unit is by the government or a governmental agency. G. The transfer of the unit is the result of foreclosure or in lieu of foreclosure. Notices Regarding Pubile Offering Statements and Right to Rescission If Seller is a Declarant of the condominium or planned community, Seller is required to furnish Buyer with a copy of the Pub Offering Statement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later d the date the buyer executes this Agreement. Buyer may cancel this Agreement within 15 days after receiving the Public Offed Statement and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide I Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes this Agreeme Buyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any amendments that materially ar adversely affect Buyer. TIME IS OF THE ESSENCE A1S-2K - Standard Agreement For The Sale Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSd Version 6.02(5,5), ReatFAST® Software Publishing Inc., (e) 2000 Refit PPAPAR222923. THOMAS S. MITROSABR,CRP, RE/MAX HOMEFINDERS ,. nama¢e trts•te All dates and time limits set within this Agreement must Le _ tered to or atis Agreement is breached. For the purposes of i Ageement. number of dais will be counted from the date of ese:ution by e?ciudin•_ the day on which ;his Agreement ,cis excca and by including the last day or the time period. The date of execution is die date when 13uver and Seller hate indica Cull aeceprance of this Agreement bw' signing and/or initialing it. MEDIATION DISPUTE- RESOLUTION Si 'STEM RULES AND PROCEDURES agreement of Parties The Rules and Procedures of the Dis_ute Resoiuccr. System ,DRS) :tppi% when :he i arnes amt: .r_rced writing to mediate under DRS. The written agreement can ce achieved Lc I standard clause in an agreentent of sale. an adder to an agreement of sale, or through a separate written asreirntnt. 3. Initiation of Mediation If a dispute exists, any party mac s-: the mediation process cy submitting a completed Request to ini:i Nlediation DRS Transmittal Form (Transmittal Form) to The .'ocal Ass0c:acon of REALTORS•Y (.herentter"Administmtor•'I. I Transmittal Form siwuld be available through the Adminu..^_toes ofiic2. -;e inmaung part, ;iwuW M :0 '::e!ude :he foCc:ci .11fo natwil ?.winen sending rile completed Transmittal Fur::- .".e Ajrntms:^:cr. a. A coc? of the written agreement to nted'.a:e :: [here s OR ...tuuest it -he late .k aninisttator conmct the other parties to tine . _ _ _.e to 'm ire ::xat :o io:r: am mediaawl aru-_ i. .:e names. addresses and telephone awr.c2 .::ire air-;- nohed :..:he dispute. of e., :nsutance company known to have receic ed acs:: c )(me dis==c, it c!aim and dte correspur t; I::c or claim number A brief statement of the facts of the disoure ar.c :ama;es ?r reiiefsougn.L .Selection of Mediator Within ve days of receivins he Furm.:he Admir,isn:our.will seed tar.:::art% :o t dispute a cot% of the Transmittal Form and a list of qualirec mediator, and their tee schedules. Each mrr. -.lien has ten da:s reek:: d,c la' of mediators. cross off the name of any :ne:ic:cr to -.whorl catty objects. and :-curl [he :isr :u the Administer Ti:a Administetur will appoint the first available mediator is acceoeb:2 :a all parties invoivea. 1 meuiawr who has ally financial or personal interest in the =route or 'he -.suits of the mediation carnet ;,..:. mediator rc dispute, unless all parties are informed and give their written :.risenL 4. Nlediation Fees Mediation tees will be divided equally among :he parses and will be paid bWorL the mediation conterence. parties twill follow the payment terms contained in the mediator fee scheca.2. Time and Place of Nledirtion Conference Within ten da:.s :f ceim: accc:=td to the dispute, the mc::i::for ill ccrtact the part and set the date. time and place of the mediation conferer.cc the meuiator must _i've at feast went: dnw; :td•.ance notice to martes. The inediacon conference should not be more than da s frc:r. :-e mediator's appoint:nenr?u the ! scute. Conduct ol'Nlediation Conference The parries attending ate mediation c:n.-*-ence i;e 2xpec:ed co: have the authority to enter into and sign a binding settlement :o :he dispute. 1 Produce all information required for the mediate.- :o understand fhe issues otrhe dispute. Mite information may inc!u t:!evant written materials, as well as descriptic-s'.f witnesses and the content of their testitnow.. -.whether or not th ill be appearing at the mediation conference. -:he median can require the parties to deli-: er . riven materials a information before the dale of the mediation c(;r.. erence. Tie ::n.diator presiding over the conference Will impartially conduct an orderly settlement .- pciation. Will help the parties define the matters in dispute and reach a mutuall}' agreeable solution. Will have no authority to render an opinion. to cind the paries to his or her decision, or 'brcr the parties to get a settlement Formal rules of evidence will not VQIy to the mediation conference. 7. Representation by Counsel Any party who intends to be accompanied to the mediation conference by legal counsel will notify mediator and the other parties of the intent at least ten days cerore the conference. 3. Confidentiality No aspect of the mediation can be relied goon or introduced as evidence in any arbitration, judicial or all proceeding. This includes, but is not limited to, any opinions or suggestions made by any party regarding a possible senleme any admissions made during the course of the mediation: art. proposals or opinions expressed by the mediator. and any respon given by any party to opinions, suggestions, or proposals. A/S-2K - Standard Agreement For The Sale Of Real Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO Version 6.02[S.S). ReaIFASTm Software Publishing Inc.. (c) 2000 Rega, PPAPAR222S?1 THOMAS S.:tITROSABR.CRP. REIMAX HOMEFINOERS Peg No privilege will be affected by disclosures made in the course of the mediation. Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator. Records, reports, and other document; received or prepared by the mediator or Administrator cannot be compelled by an arbirra judicial. or other proceeding, with the errception of an agreement that was reached in the course of mediation and signed b the parries. Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding information give. representations made either in the course of the mediation or in any confidential communication. 9. Mediated Settlement When a dispute is resolved through mediation: the mediator will put the complete agreement in writing all parties will sign the written agreement within ten days of the conclusion of the mediation conference. Every reasonable e will be made to sign the wriaen agreement at the end of the conference. 10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIAT OF REALTORSO. THE PENNSYLVANIA ASSOCIATION OF REALTORS0. NORANY OF ITS MEMBER BOARDS. SH; BE DEENIED NECESSARY OR INDISPENSABLE PARTIES (N ANY JUDICIAL PROCEEDINGS RELATfNG MEDIATION UNDER THESE RULES AND PROCEDURES, NOR SHALL ANY OF THEM SERVING UNDER THi PROCEDURES BE LIABLL 1'0 ANY PARTY FOR ANY ACT. ERROR OR OMISSION IN CONNECTION WITH A SERVICE OR THE OPERAT1ON OF THE HOME SELLERSHOME BUYERS DISPUTE RESOLUTION SYSTEM. :•S-•:x . S1Jn0Zr0 Ayreement Fer rr.. 9.c.• _:.... , :.;:c. CCPYR!GNT 1 -c-NN . • ..? •.. ••_• p =?:,{,°4: ..- _ .yJ ?.:i7:-.. .... - _ .. .._._. .-,,...AS. '•UnCS?aR CA •ic.'. , ... _..._.. me r ?,? CUMBERLAND WASTE SERVICES • CUMBERLAND 142 VAUGHN ROAD • SHIPPENSBURG, PA 17257 PHONE (717) 423.5383 • FAX (717) 423-5690 ACKNOWLEDGEMENT OF RECEIPT I, Helen T. and J. Robert Snyder acknowledge the receipt of the Option Agreement and a check in the amount of five thousand dollars ($5000.00) for the purchase of real estate as outlined in the Option Agreement. Hem ?? Helen T. Snyded / V Robert Snyder J es L. S tpe, General anger Z1 Date L/./17/ ?r?Z7 Date .Lilo / oa Date LANDFIL __ _.- ..- ---_ -. _.....? 41 VV Oli' n0N AGREEMENT This Option Agreement is made as of this 4a] y of July, 2000 by and between (i) Community Refuse Service, Inc. ("Community"), a Pennsylvania Corporation with a principal place of business located at 142 Vaughn Road, Shippensburg, PA 17257, and (ii) Helen T. and J. Robert Snyder ("Snyders"), individuals residing at 575 Newville Road, Newburg, PA 17240. WITNESSETH WHEREAS, the Snyders own two parcels of real estate (individually, "Parcel One" and "Parcel Two" and collectively, the "Property") located in Cumberland County, Pennsylvania, adjacent to real estate owned by Community as identified in the map attached hereto; and WHEREAS, The Snyders have informed Community that they are willing to sell the Property to Community; and WHEREAS, Community is interested in such a purchase but requires a period of time to evaluate such purchase and to negotiate definitive terms of purchase; and NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Community and the Snyders, intending to be legally bound, hereby agree as follows: Option. Community has paid the Snyders $5,000 ("Option Payment"), on a non-refundable basis and, by their signature below, the Snyders acknowledge receipt of the Option Payment. In consideration for the Option Payment, the Snyders hereby grant Community the exclusive right to buy the Property upon the following terms: i. Parcel One; $350,000, in cash, payable to the Snyders in full at Closing; and ii. Parcel Two Price, payment terms, deal structure and payee to be negotiated. 2. . Community may exercise the option granted herein by providing written notice to the Snyders, at the address set forth above, of its election to exercise the option. Community shall give such notice on or before August 10, 2000 and shall state a closing date not later than August 31, 2000. 3. Expiration of Option. In the event that Community does not send the Snyders a notice of election to exercise the option on or before August 10, 2000, the option granted herein shall expire, the Snyders shall retain the Option Payment and Community shall have no rights in or to the Property and neither party shall have any rights or claims against the other. 4. Exclusivity. During the term of this Agreement, the Sndders and their employees, representatives, agents, brokers and advisors will not offer, discuss or negotiate the sale of the Property, the option granted herein or any right or interest in the Property with any persons other than Community, its representatives and persons specifically authorized in writing by Community. 5. Governing Law. The parties agree that this Agreement and the transactions contemplated herein shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 6. Entire Agreement. The parties agree that all understandings and agreements hereto had among them, respecting this transaction are merged in this agreement and fully and completely expresses their agreement and that there are no representations, warranties, or agreements except as specifically set forth or referred to in this agreement 7. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first written above. COMMUNITY REFUSE SERVICE, INC. HELEN T. SNYDER J. ROBERT SYNDER -2- I v n v n <vvv i i <?<vvvvvo 11 INVOICE VOUCHER VOUCHER INVOICE NUMBER DATE NUMBER DUE DATE GROSS AMOUNT DISCOUNT NET AMOUNT 07032000 107/0712000 IVCH0000001426 I 09/05/2000 51000.00 I 51000.00 i I I I i I =3 IvE9r0000001epxeleD a Robert Snymer 5,000.00 I 4208m R?D?E SERVICE, INC. LEKIPIOTON,MA 02420 DAUPNIN BANK 60-83/313 DATE 07/07/2000 CHECK NUMBER 2320000687 PAY Five thousand and no/100 «sss?ss:*s.*s:*r?rrsrs««arsrssrasrs*s*r:**swrsr«*rs**srrs«s**s TO THE Helen R Robert Snyder AMOUNT 5,000.00 ORDER 575 Newville Road OF NEWBURG, PA 17240 TWO SICK TURES REClU1RED FOR AMOUNTS OVER 115.000 /rte 1190000687ue t:0313008341: IL6670OL110 ace /'Y o II-e r eo, mom-, 61 ?-`?- ,gam-, ?.,?- .?r? .,r?'?.. 1'?? ? v??'^ `?`'?l"'C?r ?1 " ? •. 0 Aja? A ?xz?p '-T- Ez i ^9 ,P.Q , ? 0 6 3 l- 77 3 - 471- tu?Z? : or- ?.r...v?l /?"??? 'X NX.f-.?F?MY Yn{ ? ??` ? N.q?N• ra 'i ' _ / " y J HELENR T. SNYDER jpv d,k - 43 OVIGLEY BRIDGES FARM 9 75 P .D.NO.1 NE WBU RG. PA. 172 AO 60-811 _ 7911. 3W' .- ae PAY TO THE ORDER OE_ DOLLARS FIRST NATIOSGAK BANK ? OF SHIPPENSBURG $MpPRH9BURB. PA R33] FOR vMOS i i. i' 5 94l¦16 16,11911' DD.1'D 03205000.' ?.0 3 i 3 ,- 111 L 6 ca C,. co < 4 ? i ro ?, / 7 K 51 9ALAHCE s ? ? y' No. DATE IBL.? l n L AMT DEPoBR£C i PAY To 1 ?/ ,, BALwHCE s FOR AMT THIS CHECK 3 •?- U. 7 S j N o. ( - PAY To • r - O - pp , ew?Ancc IF ?j •? / J '? ??.,, FOR 7 00 AMT THIB CHECKS ?/ T 1 `? i N /l D BALANCE s ?' 3 y o. - ATE ?L - F V wMT oEroBrtco s . - l PAY To Z ? r BwLwHCE s 1 44 FOR ?? t 1??-? -5Y Y"'?/` AMT THIS CHECK S / S - - / G4-4--? 1`3 ? G ?Y??e a ri r, i n -- ?- - - AMT TH,S CHECK -' (,g (? NO. _.?DATE S a9 S __.. to wMT Om -C6 PAY TO BALANCE s 1^ c? FOR'}?- No?) ?=1 g7 DATE _ AMT TiIE CMEIJ(S e cx s 335572 a 7 I . - ??? AMT DEPOS,TED S PAY To aAL..MC:E s FOR AMT T„6 CHEC:K S a - -- -7 1 BALANCE s NO. DAT AMT DEPOSRED S BAIAHC£ S a FOR 5L? 7 - E S 01 , . - - YN/1-->?- j 7C, 5-7 PL 41 S=i 1 I _lf? l V? L c? `?' Jh c CCe i? R 3373 u In, P> Fell, tit 17 113 - y' u w 3 , .L. IVf Mr. William R. Marie Attorney at Law 133 East King St. Shippensburg, Pa. 17257 Dear Mr. Mark: 5704 S. Harper Ave. Chicago, Ill. 60637 July 27, 1976 Res Sale of McClelland property to Snyders Here is the reminder I promised you about the possible problem in connection with the sale of my aunts' farm--a bit belated because I was not able to get bade to Chicago until today, unexpectedly- Liberty says there may be a problem about the schoolhouse land foe (where the old schoolhouse was, evidently). I am not sure what the problem would be, but she said it would involve the Snyders and probably the To msand property across Route 641 (7) and possibly the heirs of James Quigley. In case it would be of use to you and Mr. Hale, there is an old map of the property and an old xerox of the map and some other document (a surveyor's document. I think--more recent than the gtHrsT. As of last Suanday, the 25th, these were on thebed in leanor's roam at the new apartment, rolled up, with a tag on them saying "Snyder." You could phone Liberty about them--her new imtd9msx mmhber is 263-0616--if the phone there is working again by now (it was out of order on Sunday). The Nom new McClelland address is Menno Village,2045 Scotland Aven#e, Apt. S. Eleanor is still in the nursing home. I phoned earlier today and left a message for Mr. Kenneth Hale about this problem, because I could not recall how soon you were going on vacation--ac I will send him a carbon of this letter too. Please excuse the sloppy letter and miserable hyping--as the work piles up in my office, the typing etc. go downhill. And thank you for your courtesy, information, and so forth at the meeting with you and my sister-in-law Janet Hunt, on the 23rd. Please thank Mrs. Myers too for her help. Sincerely yours• cc: Mr. Kenneth Hale Winifred H. Benade VERIFICATION I, MICHAEL L. BANGS, have read the following document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATED: MICHAEL L. BANGS /? CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Anthony Marc Hopkins, Esquire 212 North Queen Street Lancaster, PA 17603 METTE, EVANS & WOODSIDE By: KAT RYN SIMPISON, EI Sup Ct.I. o. 28960 3401 North Front Street P. O. Box 5950 Harrisburg, PA, 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Defendant, Michael L. Bangs Date: January 11, 2005 412678v1 !?J f?l CA n {J i co No.: 02-5755 -CERTIFICATE OF MERIT ORIGINN. Anthony Marc Hopkins, Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 9717) 299-3726 FAX (717) 299-1811 E-mail: thopkins@nikolaushohenadel.com Attorney I.D. # 47394 Attorney for Plaintiffs J. ROBERT SNYDER and HELEN T. SNYDER Plaintiffs VS. In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action - Law No.: 02-5755 MICHAEL L. BANGS JURY TRIAL DEMANDED Defendant CERTIFICATE OF MERIT An appropriate licensed professional has supplied a written statement that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. (See Exhibit "A" attached hereto and incorporated by reference herein). Date: I (25 NIKOLAUS & HOHENADEL, LLP BY: -&TA4 "_ Anthony Marc opkins Attorney for Plaintiffs - 1 - ? ? ?? 4c??c? No.: 02-5755 -CERTIFICATE OF MERIT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Via First Class Mail Kathryn Lease Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street Harrisburg, PA 17110-0950 Date: ?,J o? NIKOLAUS & HOHENADEL, LLP BY: Anthony Marc Hopkms Attorney for Plaintiffs -2- 2158647300 T0:917172991011 P.1 Jflh4-6-2005 15:37 FROII:E.P.SMTTy Telephone (215) 864-7300 Law Offices EDWIN P. SMITH: & ASSOCIATES A Profeeeional Corporation Suite 3050 1700 Maxket Street Philadelphia, Peaneylvauia 19:103 January 6, 2005 (Via Fax) 1-717-884-8099 and Regular Mail Anthony Marc Hopkins 812 N. Queen Street Lancaster, PA 17603 Re: Snyder v. Bangs Dear Mr. Hopkins: Pax (215) 864-7987 Upon a review of the facts set forth in the Complaint, and assuming them to be true, it is my professional opinion that there exists a reasonable probability that the care, skill and knowledge exercised or exhibited in the practice that is the subject of the Complaint, fell outside acceptable standards and that such conduct was a cause in bringing about the harm. EPS/mk ?? 1 ` ?_ e I T Yi" `"1 .. c S ?n . r - ... -r?f_n 1, j- ?:7 : ?. ,i ,??? { Curtis R. Long Prothonotary ®ffire of the i9rotbonotarp Cumbers ntl Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0.2 ' S7A/5 -CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6571