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HomeMy WebLinkAbout07-0661Geroncio C. FAJARDO Plaintiff vs. George DIMOFF, Jack Gaughen Realtor Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V 1- 4,6 / CIVIL ACTION -7 u- COMPLAINT IN CLAIM AGAINST THE DEFENDANT I, Geroncio C. Fajardo, file this Complaint in Claim Against the Defendant, and in support thereof, respectfully represents: 1. On the 3`d day of August, 2006, an ORDER OF COURT was issued by Honorable Judge Hess ordering that the Plaintiff and his wife cooperate in listing for sale the marital home located at 409 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On the 3`d day of August, 2006, Plaintiff and his wife, Amy Taylor-Fajardo, then entered into a contract with George Dimoff and Jack Gaughen Realtor for the listing contract, exclusive right to sell real estate located at 409 Darla Road, Mechanicsburg, Pennsylvania. Plaintiff did not hear anything from the Defendants nor the Plaintiff s wife until November 2006 when the Plaintiff was informed that the property was sold and that the Plaintiff had to sign the Deed. 4. With the Defendant's knowledge and guidance, Plaintiffs wife entered into a standard agreement for the sale of real estate with the buyer without the Plaintiff's signature. 5. Defendant should have known that the standard agreement for the sale of real estate entered into by the Plaintiff's wife without the Plaintiff's signature was null and void. 6. Defendant failed to keep the consumer, i.e. the Plantiff, informed about the transaction and the tasks to be completed, a duty that the real estate services owed the plaintiff. 7. Defendant failed to perform all of the services in the Jack Gaughen Realtor ERA Member Broker Commitment to Service. 8. On January 4, 2007, Honorable Judge Oler issued an ORDER OF COURT stipulating that should the plaintiff initiate a claim against the real estate agent or the brokerages, those claims will be resolved by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution Program. 9. Furthermore, the ORDER OF COURT stipulated that in the event that the parties are unable to agree upon an arbitrator, meaning the Fajardos, and the realtors or the brokerages, then any of them may petition the Court for appointment of an arbitrator from that panel maintained by the Bar Association's Program. 10. Defendant is not entitled to the commission for breach of contract with the Plaintiff. Whereore, Plaintiff respectfully requests This Honorable Court resolve these claims by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution Program. DATE: January 31, 2007 Respectfully submitted, oncio C. F498 Lantern Wood Dr Scottdale, GA 30079 (404) 297-1607 Geroncio C. FAJARDO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. George DIMOFF, Jack Gaughen Realtor CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Geroncio C. Fajardo, hereby certify that I have served a true and correct copy of the foregoing Complaint in Claim Against the Defendant via United States mail, first-class postage to the following: George Dimoff Jack Gaughen Realtor ERA 101 Old Schoolhouse Lane Mechanicsburg, PA 17055 DATE: January 31, 2007 Geroncio C. Fajardo, 498 Lantern Wood D Scottdale, GA 30079 AMY M. TAYLOR FAJARDO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW GERONCIO C. FAJARDO, NO. 05-6693 CIVIL TERM Defendant/Respondent IN RE:- 'PETITIONER'S EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND'NOW,- this 3rd day of August, 2006, after hearing, it is ordered and.directed that the parties cooperate in listing for sale the marital home located at 409 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania, for the sale price of $399,900.00. In the event that the home is sold for a. lesser sum, the listing agent to execute an affidavit to the effect that he or she has used his or her best efforts to sell the house for $399,900.00, but was unable to do so despite said best efforts. It is further ordered and directed that any proceeds from the sale of said real estate shall be escrowed in an interest bearing account held by the plaintiff's attorney, with no withdrawals to be made therefrom absent further order of court or an agreement of the parties. It is further ordered 'and directed-that the defendant deliver to the plaintiff within ten days, either in person or some other safe method, the laptop computer which was :the subject of these proceedings for the purpose of allowing her to download her personal information, with the understanding that she shall accomplish same and return the computer in no less than ten days of her receipt of`said_laptop. NO. 05-6693 CIVIL TERM By the Court, J. Michael Sheldon, Esquire For the Plaintiff/Petitioner: Geroncio C. Fajardo, Pro. se Defendant/Respondent :bg ' Kevin Hess, J. 'PRE COPT WWI RIErfNRD b Tw im6n'r • '. re3f ! L!=. Vf t my hand s'ai a r# artiste, Pa. ;_ : day AMY M. TAYLOR-FAJARDO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GERONCIO C. FAJARDO, IN DIVORCE Defendant 05-6693 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief, and pursuant to an agreement reached in open court between the parties, it is ordered and directed as follows: The parties will cooperate in all necessary respects, including the prompt execution of the deed to complete the sale of the property at 409 Darla Road in Mechanicsburg to Janet Hilbish pursuant to the contract entered into by Dr. Taylor-Fajardo. The realtors' commissions from that sale will be placed into escrow for a minimum of 30 days following the settlement to permit the parties, meaning the Fajardos, to file any claims that they may choose to against the relators or against the brokerages for whom they work. In the event that they do initiate any claim against the agents or the brokerages, those claims will be resolved by common law arbitration by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution Program. In the event that the parties are unable to agree upon an arbitrator, meaning the Fajardos, and the relators or their brokerages, then any of them may petition the Court for appointment of an arbitrator from that panel maintained by the Bar Association's Program. In the event that such claims are filed by either or both of the Fajardos, then the commissions will remain in escrow until following the final determination being made by the arbitrator. In the event that neither of the Fajardos file any claims against the realtors or the brokerages within 30 days following the date of settlement, in that event, then the escrow of the commissions will be released to the relators. By the Court, Wesley 0 r, Jr., J. Constance P. Brunt, Esquire 1820 Linglestown Road Harrisburg, PA 17110 For the Plaintiff Geroncio C. Fajardo, Defendant Pro Se 498 Lantern Wood Drive Scottdale, GA 30079 Andrew W. Barbin, Esquire 5020 Ritter Road, Ste 109 Mechanicsburg, PA 17055 (Courtesy copy) Bradley A. Winnick, Esquire 130 W. Church Street Dillsburg, PA 17019 (Courtesy copy) pcb LISTING CONTRACT 3a s EXCLUSIVE RIGHT TO SELL REAL ESTATE This form recommended and approved for. but not restricted to use by, the members of the PenrWtvania Association of REALTORS* (PAR). BROKER (Company) J4C1C- 4a 4t19k:jj R ibt A- 'C--O LICENSEE(S) U SELLER iPr?rw?l , PA.r*y? 6 _ i1> Does Seller have a Listing Contract with a ther Broker? ? Yes l)No If yes, explain: a 1. PROPERTY LISTED PRICE S s Address f'f ?°1 ©!l ?'q" . ?? s Municipality (city, borough, township) et t- XC S 10 County School District W4 "a 11 Zoning I Gkrw +?i-c__ Present Use JWA, 4; u' . A,- t2 Identification (Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 13 172 To 7 09 4 78 14 2. STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM") ?s A. No Association of REALTORS' has set or recommended the term of this Contract By law, the length or term of a listing coo- ts tract may not exceed one year. Broker and Seller have discussed and agreed upon the length or term of this Contract. V/ B. Starting Date: This Contract starts when signed by Broker and Seller, unless otherwise stated here: 1s C. Ending Daze: This Contract ends on 19 20 3. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. The Broker is a DUAL AGENT when 2t representing both Seller and the buyer in the sale of a property. v 4. DESIGNATED AGENCY 23 ? Not Applicable 24 10 Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identified 25 above) is the Designated Agent, who will act exclusively as the Self Agent. If Property is introduced to the buyer by a licensee 26 in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also 27 the Buyer's Agent, then licensee is a DUAL. AGENT. 28 5. BROKER'S FEE No Association of REALTORSO has set or recommended the Broker's Fee_ Broker and Seller have negotiated 29 the fee that Seller will pay Broker. Broker's Fee is 5 % of the sales price AND S 72S.0f. T#("S- paid by Seller. 30 b. COOPERATION WITH OTHER BROKERS 31 Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay 32 from Broker's Fee a fee to another broker who procures the buyer, is a member of a Multiple Listing Service (MLS), and who: 33 A. W"'represents Seller (SUBAGENT). Broker will pay of/from the sale price. 3a B. 14 represents the buyer (BUYER'S AGENT). Broker will pay o9from the sale price. 35 A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buyer. 36 C. 119" does not represent either Seiler or a buyer ('T'RANSACTION LICENSEE). 37 Broker will pay of/from the sale price. as 7. PAYMENT OF BROKER'S FEE 39 A. Seiler will pay Broker's Fee if Property, or any ownership interest in it, is`sold or exchanged during the term of this 40 Contract by Broker, Broker's salespersons, Seller, or by any other person or broker, at the listed price or any price accept- 41 able to Seller. - 42 B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer 43 is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. =4 C. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. 45 D. Seller will pay Broker's Fee for a sale that occurs'after the Ending Date of this Contract IF: Js (1) The sale occurs within rb " Q of the Ending Date, AND 47 (2) The buyer was shown or negotiated to buy the Pr erty during the term of this contract, AND le (3) The Property is not listed under an "exclusive right to sell contract" with another broker at the time of the sale. 49 E. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of fail- so ing to do all the things required of the buyer in the agreement of sale (buyer default), Seller will pay Broker s1 S 'O% oflfrom buyer's deposit monies, OR the Broker's Fee in Paragraph 5, whichever is less. 32 F. If the Property or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker's Fee from 53 any money paid by the government. Q If a sale occurs. Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest. If the Property 55 is transferred by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. XLS Page I of 4 Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS-* 2003 REALTORF 1 V03 nFnuc,+? io. vaW a aw Etmbmm ?lreta ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 8. DUTIES OF BROKER AND SELLER ,r A. Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with poten- tial buyers. Broker will use reasonable efforts to find a buyer for the Property. ss B. Seller will cooperate with Broker and assist in the sale of the Property as asked by Broker. 48 C. Al I showings, negotiations and discussions about the sate of the Property wil I be done by Broker on Seller's behalf. All writ- 6i ten or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred to 62 Broker. 5' D. If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leases 3= are oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's respon- sibilities. na E. Seller will not enter into or renew any leases during the term of this Contract without first giving notice to Broker. U 9. BROKER'S SERVICE TO BUYER 591 Broker may provide services to a buyer for r-,°hich Broker may accept a fee. Such services may include, but are not limited to: 77 deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation servic- 71 es; ordering insurance, construction, repair, or inspectidn services. Broker will disclose to Seller if any fees are to be paid by 72 Buyer. ,? 1-4 10. BROKER NOT RESPONSIBLE FOR DAMAGES 75 Seller agrees that Broker and Broker's salespersons are not responsible for any damage to the Property or any loss or theft of per- 76 sonal goods from the Property unless such damage, loss or theft is directly caused by Broker or Broker's salespersons. :: }U It. DEPOSIT MONEY 79 A. Broker, or any person Seller and the buyer name in the agreement of sale, will keep all deposit monies paid by or for the 5 buyer in an escrow account until the sale is completed or the agreement of sale is terminated. If held by Broker, this escrow st account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit c2 monies may wait to deposit any uncashed check that is received as deposit money until Seller has accepted an otter. B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seiler will pay Broker's and Licensee's attor- neys' fees and costs- u.- 12. OTHER PROPERTIES sf Seller agrees that Broker may list other properties for sale and that Broker may show other properties to prospective buyers. 8Z as 13. CONFLICT OF INTEREST so A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's 3t interests before any other. If .Broker, Licensee, or any of Broker's salespeople has a conflict of interest, Broker will notify Seller 92 in a bmeiv manner. 14. PUBLICATION OF SALE PRICE Seller is aware that the Multiple Listing Service (MLS), newspapers, and other media may publish the final sale price of the Property after settlement. e? 15. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS 5 A. Seller (including Sellers exempt from the Real Estate Seller Disclosure Law) will disclose all known material defects and/or tea environmental hazards on a separate disclosure statement. A material defect is a problem or condition that: tit (1) is a possible danger to those living on the Property, or 102 (2) has a significant, adverse effect on the value of the Property. W3 The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a struc- 104 tural element, system or subsystem is not by itself a material defect. fns B. If Seller fails to disclose known material defects and/or environmental hazards: 100 (1) Seller will not hold Broker or Licensee responsible in any way; 107 (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; 198 (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered payments 109 or settlements (money Broker or Licensee pays to end a lawsuit or claim). XL.y Page 2 of 4 ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY Ito 16. IF PROPERTY WAS BUILT BEFORE 1978 1'M The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer 112 an EPA pamphlet titled Protect Your Family From Lead in Your Home. The seller also must tell the buyer and the broker what the seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seiler must tell 4 the buyer how the seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint 115 and lead-based paint hazards are, the condition of the painted surfaces, and any other information seller knows about lead-based 116 paint and lead-based paint hazards on the property. Any seller ofa pre-1978 structure must also give the buyer any records and 117 reports that the seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the 118 common areas, or other dwellings it multi-family housing. According to the Act, a seller must give a buyer 10 days (unless sell- er and the buyer agree to a different period of time) from the time an agreement of sale is signed to have a "risk assessment' or IM inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or s2, inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform. the 122 seller in writing of the choice. The Act does not require the seller to inspect for lead 1.s ards on the property. The Act does not apply to housing built in 1978 orlater paint hazards or to correct lead paint haz- 124 126 17. RECOVERY FUND 126 Pennsylvania has a Real Estate Recovery Fund, (the Fund) to repay any person who has received a final court ruling (civil judg- t =7 went) against a Pennsylvania real estate licensee because of fraud misrepresentation, or deceit in a real estate transaction. The M Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details t29 about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 130 =31 18. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA v' Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS 133 CREED, SEX, DISABILITY (physical or mental), FAMILIAL. STATUS (children under 18 years of age), AGE (40 or older), 134 NATIONAL ORIGIN, USE OR HANDLINGfRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELA- 135 TIONSHIP_OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, 136 show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. ?37 tap 19. ADDITIONAL OFFERS 1-19 If asked by a buyer or cooperating broker, Broker will reveal the existence of offers or the Property, unless prohibited by Seller. i4o ONCE SELLER ENTERS INTO AN AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER 141 OFFERS. 142 143 20. TRANSFER OF THIS CONTRACT 144 A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: 145 (1) Broker stops doing business, OR 14s (2) Broker forms a new real estate business, OR tv7 (3) Broker joins his business with another. W8 Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing when 1119 a transfer occurs or Broker will lose the right to transfer this Contract. Seiler will follow all requirements of this Contract 150 with the new broker. 15t B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the terra of this Contract, all own- 152 ers will follow the requirements of this Contract. 153 ;5i 2I. NO OTHER CONTRACTS 155 Seller will not enter into another listing contract with another broker that begins before the Ending Date of this Contract. 13£ 197 22. ENTIRE CONTRACT 158 Ibis Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that made before are 158 not a part of this Contract. were IM .23. CHANGES TO THIS CONTRACT 152 All changes to this Contract must be in writing and signed by Broker and Seller. to 16 24. SPECIAL INSTRUCTIONS if i5 The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any 166 special conditions or additional terms in this Contract must comply with the Pennsylvania Plain Language Consumer Contract 167 Act. XLS Page 3 of 4 25. MARKETING OF PROPERTY ,E. A. Where permitted, Broker, at Broker's option, may use: For sale sign J6 Sold sign ? Key in office 19 Lock box Print /electronic advertising, including photographs Property address in printtelectronic advertising. r ; B. Broker CS will /? w ill not use a Multiple Listing Service (MLS) to advertise the Property to other real estate brokers a =72 salespersons. 173 Seller agrees that Broker, Licensee, and the MLS are not responsible for mistakes in the MLS and/or advertising of the Property. 26. ITEMS INCLUDED/NOT INCLUDED IN THE PRICE OF THE PROPERTY ar A. Included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plum 176 ing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; gara 177 door openers and transmitters; television antennas; shrubbery, plantings, and unpotted trees; any remaining heating and cooki 173 fuels stored on the Property at the time of settlement; wal I to wall carpeting; window covering hardware, shades, and blinds; bu i75 in air conditioners; built-in appliances, and the range/oven, unless otherwise stated. Also included: Wi 151 B. The following items are NOT included in the purchase and price of the Property: iV i43 C. Items leased by the Seller. 1 i35 iss 137 186 i91 i, isa it-,A I95 ash 997 i9S igs zcIQ M 20+ 205 206 207 208 gas 210 ADDITIONAL INFORMATION (OPTIONAL) TITLE & POSSESSION A. Seller will give possession of Property to a buyer at settlement, or on 4'oSSStw? B. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements: (2) Other: C. Seiler has: ? Mortgage with: Amount of balance S Address: Phone: Acct. #: ? Equity Loan with: Amount of balance $ Address: Phone: Acct. #: ? Seller authorize Broker to receive mortgage payoff and/or equity loan payoff information from lender(s). D. Seller has: C1 Judgments ? Municipal Assessment ? Past Due Taxes ? Other. $ S $ $ E. If Seller, at anytime on or since January 1, 1998, has been obligated to pay support under an order on record in any Pennsylva: county, list the county and the Domestic Relations Number or Docket Number: TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. C. Real Estate Property Tax Assessment S Wage/lncome Taxi S Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.): Yearly Taxes $ _ Per Capita Tax S D. Association Fees $ Include: BUYE,IEt FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ash `U Conventional mortgage ? FHA mortgage ? Seller's help to buyer (if any): _ ? VA mortgage 211 Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336. 212 Seiler gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) listed beic 213 Seller has read the entire Contract before signing. All Sellers must sign this Contract. 214 Return by facsimile (FAX) constitutes acceptance of this Contract zi NOTICE BEFORE SIGNING: IF SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. SELLER'S MAILING ADDRESS: 09 17 Mfct l^ANLcs Svc PA V -s7 s PH - ONE: .r> 2A -1 1 FAX ? 1 E-MAIL 2is SELLER 222 SELLER -ta BROKER (Company Name) i ACCEPTED BY DATE DATE DATE XLS Page 4 of 4 S'T'ANDARD AG + E[ENT FOR THE SALE OF REAL ESTATE Avs R This form rsrarmrr?dod and apptwed fr?r, bac r::4zJ,- a by. ft aew*m of dK Pemsytwuia Ano*f oe of REAtTORSo (PAAI WUA'I NSHW WITH PA LICENSED BROKER BROKER wa,usrs G ?? -_ - - - Designated Agent? ? Yes 0 No L><cBNSEI?(? - BROKER IS THE AGENT FOR S R. OR (if ebeckW belvwr Broker is NOT the Agent for Seller sad is a/an: Cl AGENT FOR BIJIrM CI TRANSACTION LICENSEE _ 1AL"I&9S OUS r Wj(AV0V9ft t PA LICENSED BROIL 11ROKER r?usacaaa - - - LICENSEE(S) Desieaacari Agent? ? Yes BRO1tXR IS THE AGENT "R BITYER- OR (if ehealked below): Broker is NOT the Agent for Buyer and is Wan: ? AGENT FOR SELLER 0 MOM' ENT FOR SELLER ? TRANSACTION LICINSER When the same Broker is Agent for Seller and Agent for Bayer, Broker separaae Designated Agents for Buyer sad Seller. If the awe iceas 1. Q10 glmrn nt, dated 2 S 4 5 s 1 .8 9 t0 tt 12 13 14 is i8 17 1s 19 to 21 72 23 24 26 26 27 as 29 39 31 32 33 34 35 26 3s 10 n SELLER(S): Buys")! , called "Seller," and --- , coiled "Buyer." 2. PROPERTY (9-05) 5e11r he y We" to sell and eanvey b Bayer; vft but" W M to purchase: *c,00, if any, knovn as ALL THATSgRT*M lot effffiew of V Wtd iFltb ball" wW enema th mn e: r V `' is the r ?' of - :. LL 1 'r -r 1110-t?J//T ,424 .04 Colanty of in ibe Co o?s"kh of Pennsylvania. IdertliFication (e.F, Tax ID 14 Parcel !f; i,Ot, BW*. peed Hoak, r Aq'Recordlng Date 3 (` ?-? race ? +??` A ' I U.S. Dollam which will be paid to seller by Buyer as kilows: 1. Casb at eheclk at signing i s _ 2. Cash or check within days of the execution of this Agreement _ $ 3. 4. Crib or cashiers chock at time of settlement: TOTAL. S (B) Deposits paid by Buyer within 30 DAYS of seatleraeut wilt be by gilt or crier's olw& Oepostts, regal of the form of payment and the person aes;gnered as payee, will be paid in U.S- Dollars to Bmkw for Sella (unless otherwise stated hm), who will retain deposits in an escrow account until cous>Zmunation or tormhmdon of this is cook amity with all applicable bawS aaodr.,?AAnyy., ac I o0t-timckPadered as dcposit monies may be held uncashed pendinsilm =Of s eetuen . (b) XqAHIA6 writt= appavval to be on or befm-. (D) Settimicnt to be on or btfDM H (li) Settlement will occur in Ibc oovaly where the Property is located cr in an adjacent colwty, n ing 6usin ho B and Seller agree otherwise. (1) Car+yeyancc from Seller will be by fee simple deed of special warranty unless otherwise stated hero (G) Payment of uansfaf taxes will be divided equally between Bryce and seller untess odorwise stated hate: (H) Ai time of settleame nt, the fbblowing will be adjusted parr-rata an a daily basis between Buyer and Seiler, reimbursing where applicable: =- mat taxes (see Information Regarding Real Estate Taxed rants; interest an mortgage asmtmptionr, emodominfum fees and homeowner assn-, elation fees; water and/or sower fees, toge%cr with any other lienable mtmicoal service. All elatirgm will be pro-rated for the period(s) cov- ered. Seller will pay up to and Including the date of settlement and Bayer will pay for all days following satNcment, rmlese otherwise se- ed het sum]. itials: 1),e) Aj- fly I A/S-R Page I of .19 Seiler Initials: Revlaod 9145 COPYitlGUr P$NNSYLVAMA ASSOCIATRMV OF REALTORSS lees PMW Ia, A9a0ebdlatl of ? ??MMr+h?eh.Mwr. ? No A a 0=1 Agent All of Broker's licausees an also Dual Agents UNLESS fiber a an dasi?raoed toe Seiler and Boyer, the Lkenace Is a Dual Agent , is between 2 3 4 S 6 7 8 s 4Q 11 12 13 14 is 16 17 18 19 20 21 22 23 24 26 26 27 30 31 32 33 34 30 36 37 38 38 40 41 770e_tCC-1T1 7T:7T 4AA7I7.T/7T Jack Gaughen Realtor ERA' Member Broker Commitment to Service FOR: ?f FA Aat Acs (7 .z rr t!a Cz? <? . s A ,r ADDRESS: 1'01 d tt C 4 '?'?f cfH?tlitg ?G / 20 c The undersigned acnrre r., DNl -hP fntln In1L services-in market-Ynnr hump 1. Prepare a good-faith estimate of anticipated expenses, reflecting the estimated net cash you could receive based on your requested price. 2. Conduct a Pre911112lification of prospective buyers before showing your home and endeavor to have cooperating brokers and agents do the same, 3. Assist in arranging affordable financing for you and the buyer of your home. 4. Make a comparative Andy of your home (used on similar sales and competing properties to estimate the probable selling price. _ 5- Offer application assistance to qualified buyers for necessary financing. 5: Contact You regularly to report the selling progress of your home. 7. Review your competitive selling position every 30 days. 8- Offer you a One-year ERA HOME PROTECTION PLAN (HPP)* vehicle protects you against unexpected repair costs white your home is for sale. A fee applies only if you choose the optional heating and air conditioning coverage. 9. Provide information on SELLER PROTECTION PLAN (SPP)* coverage, which protects you against unexpected repair costs while your home is for sale. 10_ Supply information on the ERA SELLERS SECURITY' PLAN (SSP)** house purchase and equity advance program, 11. Offer Membership in our ERA Select ServicessM program, a one-stop shop to find providers for your home care needs. (www era.com/eraselectsetvices) 12. Photograph your Home for marketing and promotional use. 13. Submit photos and description of your home on JGR.com, ERA.com, and Realtorcom 14. Provide you with a national referral service to assist you in finding a home in another community while your present home is being sold. COMMITMENT TO SERVICE. If Jack terminate - as the sole remedy for that fail! c ie services inis COMMITMENT yp-- :d by this COMMITMENT-44-lona as you Gaughen Realtor ERA will have 10 days to cure the breach. If the breach is not cared in b p 0 days, e of the` sting ! Agreement hall terminate, and Jack Gaughen Realtor ERA will unconditionally release you from the terms of the Listing Agreement. This COMMITMENT applies only in connection with an exclusive authorization for at least 1817 days to sell your home. If any terms or conditions are prohibited by law: they shall be considered deleted from this COMMITMENT. THIS COMMITMENT is given by lack Gaughen Realtor ERA and is not a commitment from ERA FRANCHISE SYSTEMS. INC. Each Jack Gaughen Realtor ERA Office is Owned and Operated by NRT Incorporated and may not enter into contracts on behalf of ERA FRANCHISE SYSTEMS, INC. 'HOME PROTECTION PLAMs (t3PPrgpp) are service contracts covering repair or reprace rent of the working components of a home, subject to applicable Sdeduystemsct. CAUTION: costs. r 'l'ions and ib?ons apply. Ask y"r ERA Real Estate Ndessmais to review the details with you. Neither ERA Franchise services , are re nor provided at by y Ann affiliated n Home e VYar War ,rar S nriytykSx emrvgices CeesndInacnt, Provides any Ixoduct and service in connection with the Home Protection Plan. All products and , `"ERA SELLERS SECURITY PLAN (SSPI, Conditions apply, including a program will be determined solely be ERA; participation fee,- house must meet additionally a second home mtM be specific exceptionqualificat Sellersions, and orchase price into a long term rental property of military pe l moving into base purchased housiro. ? through a broker deshowled by ERA ft ERA Real Estate professional to review and movi details Seller Date Sell Date JACK GA AM, Sales As i e UGHEN¦ Date E R I Owned and Operated By NRT REALTORlncorporatedA ERA Member S Date www.igr.com T US IS NOTA C(}NTRACT Pennsylvania Laty requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase resi- dential or commercial real estate.or tenants who are seeking to lease residential or commercial real estate inhere the licensee is work- ing on behalf of the* tenant of thellusiness relationships-permitted by the Real Estate Licensing and Registration Act. This notice must be pr6vided'to the coiisurner at the first-contact where a substantive discussioii about real estate occurs unless ati oral disclosure hati been previousl -priii-iilcd_ If-the oral disclosure was. provided. this notice must-be provided at the first meeting oi• the first time a propeitt is shown to the. consumer bv. the broker or salesperson. Ber6re Foti: disclose ariy- iirforination to a licensee .be.advised tfiat unless_-you select an-agency relationship the- licensee is NOT REPRIE-SE CTING YOC:.A business relationship of any. kin&will .NOT.be: presunwd but.must be established between the consumer and the licensee, Any li nw.'_ v t. u 1 } 1 is `' S f' O • Exercise reasonable pmfesisional skill and care *hich.tneets the practice standards required by the Act. Deal honestly and in Lood faith_ _ Present. in a reasonably praciicable-period of time. all 'offers. counterofters,.notices. and communications to and from the parties > in writntR. The. duty to-present written offers and counteroffers maybe waived if the waiver, is J writing Comply with Real Estate Seiler Disclosure Act. ° Accountfar.escroi??:-and deposit.ftinds.... > Disclose all conflicts of interest in _a reasonably, practicable:peiioti"of tune. Provide assistance with ti Vuiiietit preparation and ads{ise"the.coitsuiner regarding-compliance ' with laws pertaining to real estate transactions. Advise the'eonsthner to :seek expert advice on tiiatters about the_transaction that are beyond the licensee's expertise. Keep @ie consumer informed.about the transaction and-the taslo to be completed. Disclose financial interest in a-service; such as financial, title transfer and preparation services, insurance. construction. repair or inspection. at the time service is recommended or the first time the licensee learns that the service will be used- A licensee may have the following business relationships with the consumer: Seller Agency: Seller agency is a relatioiistiip where the licensee upon entering n o a «a-itten agreement;: works only, for a. seller/landlord. Seller's agents otive'the additional duties of. _ • Loyalty:to the selter/landlord by acting iri the setteeshanillord4s best interest. • Confidentiality, except that a-licensee h&-,-a fluty to reveal-known material defects about the property-: • Makinga edritindous and good faith effort to find-a buyer for the property, except while the property is subject to an exist- ing agreement. Disclosure to other parties in the transaction that the licensee has been engaged as a seller's went. A seller's agent.may compensate. other_brokers: as subagent- if the seller/landlord-agrees in writing. Subagents have the same duties and obligations-as-the, Seller's_ai?ents-tnay also conipensate-buyer`s agents and transaction licensees who do not have the saute duties and obligations as seller's" agents: If you enter into a written agreement= the licensees in the real estate company owe `you th e additional -duties-identified above under seller atzency- The exception is designated agency. See the designated agency section in this notice for more information. Buyer Agency:. _ , . Buyer agency is a relationship, where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of: • Loyalty to the buyer/tenant by acting--in the buyer'shenant's best interest.. • Confidentiality, except. thata licensee is required to disclose knowit material defects about the property. Making a continuous and good faith effort to find a property-for the=buyer/tenant: except while the buyer is subject to an existin- contract. 4 Disclosure to other parties in the transaction that the licensee has been -engaged as a buyer's agent. A buyer's agent.may be paid fees. which may include a percentage of the purchase price, and, even if paid by the seller/landlord. will represent the interests of the buver/tenant. If you enter into a written agreement, the licensees. in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information. Dual Agency: Dual agency is a relationship, where the, licensee, acts as the agent for-both the sellerflandlord and the buyer/tenant in the same transaction with the written consent of all parties- Dual agents owe the additional duties of: • Taking no action that is adverse or detrimental to either party's interest in the transaction. • unless otherwise agreed to in writing, making a continuous and good faith effort to find a buyer fire the property and it roperny for the buyer, unless either are subject to an existing contract. _nnfidentiality_ except that a licensee is required to disclose known material defects about the property. - 1421 sm Designated Agency: In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confi- dential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency. In designated agency, the employing broker will be a dual agent and have the additional duties of. Taking reasonable care to protect any confidential information disclosed to the licensee- Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party's interest in the transaction. The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed. Transaction Licensee: . A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/ tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confi- dentiality in that the following information may not be disclosed: • The seller/landlord will accept a price less than the asking/listing price. • The buyer/tenant will pay a price greater than the price submitted in a written offer. • The seller/landlord or buyer/tenant will agree to financing terms other than those offered. Other information deemed confidential by the consumer shall not be provided to the transaction licepsee. OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee: • The duration of the employment, listing agreement or contract • The fees or commissions. • The scope of the activities or practices. • The broker's cooperation with other brokers, including the sharing of fees. Any sates agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings. A Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658. ACKNOWLEDGMENT 1 acknowledge that I have received this disclosure. Date: Print (Consumer) Print (Consumer) Signed (Consumer) Signed (Consumer) Address (optional) Phone Number (optional) Address (optional) Phone Number (optional) I certify that I have provided this document to the above consumer. Date: Adopted by the State Real Estate Commission at 49 Pa_ Code §35.336. C v1 5 T \14 f? ? A T CJ ?_ j T s GERONICO C. FAJARDO, Plaintiff V. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-661 CIVIL TERM ORDER OF COURT AND NOW, this gcn day of February, 2007, upon consideration of Plaintiff's Complaint in Claim Against the Defendant, a Rule is hereby issued upon Defendant and Amy M. Taylor-Fajardo, to show cause why the relief requested should not be granted. RULE RETURNABLE 20 days from the date of this order. BY THE COURT, Geronico C. Fajardo 498 Lantern Wood Drive Scottdale, GA 30079 Plaintiff, pro Se George Dimoff Jack Gaughen Realtor ERA 101 Old Schoolhouse Lane Mechanicsburg, PA 17055 Defendant, pro Se Amy M. Taylor-Fajardo 409 Darla Road Mechanicsburg, PA 17055 r- un urn ? L?j cl w L } ., ji' L- `= N C ) - 16 -WIS Courtesy Copy: Constance P. Brunt, Esq. Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 DISTRIBUTION TO: PLAINTIFF PRO SE: DEFENDANT PRO SE: Geroncio C. Fajardo George Dimoff 498 Lantern Wood Drive 101 Old Schoolhouse Lane Scottdale, GA 30079 Mechanicsburg, PA 17055 (404) 297-1607 (717) 697-4673 FAX: (404) 297-1607 FAX: (717) 697-0822 geronciofaia rdo(&yahoo. com DEFENDANT PRO SE: ATTORNEY FOR AMY M. TAYLOR-FAJARDO: Jack Gaughen Realtor Constance P. Brunt, Esquire 101 Old Schoolhouse Lane Beaufort Professional Center Mechanicsburg, PA 17055 1820 Linglestown Road (717) 697-4673 Harrisburg, PA 17110-3339 FAX: (717) 697-0822 (717) 232-7200 FAX: (717) 232-0255 cpbruntO-)cpbruntlaw.com -2- Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 ccpbruntD-CPBruntLaw.com Attorney for Amy M. Taylor-Fajardo GERONCIO C. FAJARDO, Plaintiff V. GEORGE DIMOFF, JACK GAUGHEN, REALTOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-661 CIVIL TERM MOTION TO VACATE ORDER OF COURT AS TO AMY M. TAYLOR-FAJARDO FOR LACK OF PERSONAL OR SUBJECT MATTER JURISDICTION AND NOW, comes Movant, AMY M. TAYLOR-FAJARDO, by her counsel, CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows: 1. A Complaint In Claim Against The Defendant was filed in the above matter by Plaintiff, GERONCIO C. FAJARDO, on February 2, 2007. 2. The said Complaint named only Defendants, GEORGE DIMOFF and JACK GAUGHEN, REALTOR, as defendants in the action. 3. In the said Complaint, Plaintiff asserted claims only against Defendants, GEORGE DIMOFF and JACK GAUGHEN, REALTOR. 4. On February 8, 2007, an Order of Court was entered herein by the Honorable J. Wesley Oler, Jr., issuing a Rule on said Defendants and upon Movant, AMY M. TAYLOR-FAJARDO, to show cause why the relief requested by Plaintiff should not be granted. 5. The said Order of Court was sent by ordinary mail to Movant at an address where she no longer resides, and a "courtesy copy" was sent to CONSTANCE P. BRUNT, ESQUIRE, who is her counsel of record in a pending divorce proceeding against Plaintiff, docketed to No. 05-6693 CIVIL TERM. 6. Movant has not been named as a party in the above action, and she has not been served with the Plaintiff's Complaint as required for original process by the Rules of Civil Procedure. 7. Movant has not been joined as a party to this action pursuant to Pa.R.C.P. 2226 et seq. or Pa.R.C.P. 2251 et seq., nor has any party to the action sought to interplead her pursuant to Pa.R.C.P. 2301 et seq. 8. No claim has been asserted against Movant in this action. 9. Movant has asserted no claim against the named Defendants, GEORGE DIMOFF and JACK GAUGHEN, REALTOR, in this or any other action. 10. This Honorable Court lacks personal jurisdiction over Movant in this matter. -2- 11. Because no claims have been asserted by or against Movant in this matter, the Court lacks subject matter jurisdiction over any potential claims that she might have or that any person might have against her. 12. Respectfully, this Honorable Court lacked jurisdiction to enter the Order of Court dated February 8, 2007, issuing a Rule on Movant to show cause why the relief requested by Plaintiff should not be granted. 13. Movant respectfully submits that the Order of Court dated February 8, 2007, should be vacated as to her. 14. Movant respectfully requests that the Order of Court dated February 8, 2007, be stayed as to her, pending final resolution of the instant Motion. 15. Counsel for Movant was unable to seek concurrence of counsel in this Motion, pursuant to C.C.R.P. 208.2(d), because no counsel have entered appearances on behalf of any of the named parties to this action. WHEREFORE, Movant, AMY M. TAYLOR-FAJARDO, respectfully moves this Honorable Court to vacate the Order of Court dated February 8, 2007, as to her. CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt(&-CPBruntLaw.com Attorney for AMY M. TAYLOR-FAJARDO -3- PERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 6 ?_ day of 2007, 1 served true and correct copies of the foregoing Motion To Vacate Order of Court As To Amy M. Taylor-Fajardo For Lads Of Personal Or Subject Matter Jurisdiction by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Geroncio C. Fajardo George Dimoff 498 Lantem Wood Drive 101 Old Schoolhouse Lane Scottdale, GA 30079 Mechanicsburg, PA 17055 Plaintiff pro se Defendants pro se Jack Gaughen Realtor 101 Old Schoolhouse Lane Mechanicsburg, PA 17055 Defendant pro se CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attomey for AMY M. TAYLOR-FAJARDO -4- f`t fl k , ` Xz-j iTi F T P I m T a i y _ C.J I FEB S 0 29P Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cobruntib-CPBruntLaw.com Attorney for Amy M. Taylor-Fajardo GERONCIO C. FAJARDO, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. GEORGE DIMOFF, JACK NO. 07-661 CIVIL TERM GAUGHEN, REALTOR, . Defendant ORDER OF COURT AND NOW, this day of 2007, upon consideration of the Motion To Vacate Order of Court As To Amy M. Taylor-Fajardo For Lack Of Personal Or Subject Matter Jurisdiction filed herein by AMY M. TAYLOR-FAJARDO, IT IS HEREBY ORDERED that the Order of Court entered on February 8, 2007, is vacated as to AMY M. TAYLOR-FAJARDO. fc? BY THE COURT: J. ELY OLER, JR., J. ' 1 r ?S .? t Z g3? OR ?? it ;0 ,low DISTRIBUTION TO: PLAINTIFF PRO SE: DEFENDANT PRO SE: Geroncio C. Fajardo George Dimoff 498 Lantern Wood Drive 101 Old Schoolhouse Lane Scottdale, GA 30079 Mechanicsburg, PA 17055 (404) 297-1607 (717) 697-4673 FAX: (404) 297-1607 FAX: (717) 697-0822 aeronciofaiardoO-)vahoo. com DEFENDANT PRO SE: ATTORNEY FOR AMY M. TAYLOR-FAJARDO: Jack Gaughen Realtor Constance P. Brunt, Esquire 101 Old Schoolhouse Lane Beaufort Professional Center Mechanicsburg, PA 17055 1820 Linglestown Road (717) 697-4673 Harrisburg, PA 17110-3339 FAX: (717) 697-0822 (717) 232-7200 FAX: (717) 232-0255 cobru nt0mbru ntlaw. com -2- Matthew M. Haar, Esquire Audrey J. Daly, Esquire SAUL EWING LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7500 GERONCIO C. FAJARDO, V. GEORGE DIMOFF, JACK GAUGHEN REALTOR Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW Defendants : NO. 07-661 CIVIL TERM DEFENDANTS' RESPONSE TO RULE TO SHOW CAUSE Defendants Jack Gaughen Realtor and George Dimoff (collectively "Jack Gaughen") hereby respond to the Rule issued upon them by Order of this Court on February 8, 2007, to show cause why the relief requested in Plaintiff's "Complaint in Claim Against the Defendant" ("Complaint") should not be granted. Contemporaneously with the filing of this response Jack Gaughen is filing Preliminary Objections to the Complaint. A copy of the Preliminary Objections is attached hereto as Exhibit I and incorporated herein by reference. The Preliminary Objections articulate four clear reasons why the Court should dismiss the complaint: (1) improper service of the Complaint; (2) failure to include a notice to defend; (3) failure to include a verification; and (4) failure to state a valid claim. Because the Rule was issued suasponte in response to a complaint, Jack Gaughen is somewhat unclear as to how to respond given the odd procedural posture of the case. Jack Gaughen incorporates its Preliminary Objections as the reason why the relief requested by Mr. Fajardo should not be granted. Mr. Fajardo appears to be trying to exempt himself from the well established rules regarding pleadings, discovery and trial. As articulated in the Preliminary Objections, Mr. Fajardo has not articulated a viable claim, and his Complaint should be dismissed at the pleadings stage. Even if he could get past the pleadings stage, Jack Gaughen would still be entitled to discovery prior to being compelled to participate in arbitration. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request that the Court dismiss the Complaint and grant such further relief as the Court deems just and equitable. Respectfully submitted, SAUL EWING LLP Dated: February 27, 2007 Matthew M. Haar, Esquire Audrey J. Daly, Esquire Attorney T.D. Number 85688, 203659 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Defendant Jack Gaughen Realtors and George Dimoff -2- 1 GERONCIO C. FAJARDO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION -LAW GEORGE DIMOFF, JACK GAUGHEN REALTOR Defendant : NO. 07-661 CIVIL TERM ORDER AND NOW, this day of , 2007, upon consideration of the Defendants' Preliminary Objections to Plaintiffs' Complaint and the documents submitted in reference thereto, the Preliminary Objections are SUSTAINED. IT IS HEREBY ORDERED that the Complaint is DISMISSED. BY THE COURT J. Wesley Oler, Jr., J. Distribution: Geroncio C. Fajardo, pro se, 498 Lantern Wood Drive, Scottdale, GA 30079 Matthew M. Haar, Esq., Saul Ewing LLP, 2 N. Second St., 7 `h Floor, Harrisburg, PA 17101 GERONCIO C. FAJARDO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW GEORGE DIMOFF, JACK GAUGHEN REALTOR Defendant : NO. 07-661 CIVIL TERM NOTICE TO PLEAD To: Geroncio C. Fajardo, pro se YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, SAUL EWING LLP Dated: February 27, 2007 z ? ?Z_ ////J- ? hz_ ;// Matthew M. Haar,`E quire Audrey J. Daly, Esquire Attorney I.D. Number 85688, 203659 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Defendants Jack Gaughen Realtor and George Dimoff Matthew M. Haar, Esquire Attorneys for Defendants Audrey J. Daly, Esquire SAUL EWING LLP 2 N. Second Street, 7`h Floor Harrisburg, PA 17101 717-257-7500 GERONCIO C. FAJARDO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW GEORGE DIMOFF, JACK GAUGHEN REALTOR Defendants NO. 07-661 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa. R. Civ. P. 1017 and 1028, Defendants Jack Gaughen Realtor and George Dimoff (collectively "Jack Gaughen") file these Preliminarily Objections to the Plaintiff's "Complaint in Claim Against the Defendant," and in support thereof aver as follows: The Parties: 1. Plaintiff Geroncio Fajardo ("Mr. Fajardo") is believed to be an adult individual residing at 498 Lantern Wood Drive, Scottdale, Georgia. 2. Defendant Jack Gaughen Realtor is a Pennsylvania corporation with offices at 3915 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant George Dimoff is an adult individual, who at all times relevant to this matter served as a licensed real estate agent for Jack Gaughen Realtor. Procedural Background: 4. On or about February 2, 2007, Mr. Fajardo filed a pro se "Complaint in Claim Against the Defendant" ("Complaint"). 5. The Complaint was not endorsed with a Notice to Defend. See Pa. R. Civ. P. 1018.1. 6. The Complaint was not verified. See Pa. R. Civ. P. 1024. 7. Mr. Fajardo attached to the Complaint a proposed order, apparently seeking an order from the Court to compel the parties to participate in arbitration. 8. The Sheriff did not serve the Complaint. See Pa. R. Civ. P. 400(a). 9. Jack Gaughen received the Complaint by first class mail on or about February 12, 2007. 10. On February 8, 2007, this Court (Oler, J.) acting sua sponte entered an Order issuing a Rule upon Jack Gaughen and Amy Taylor-Fajardo ("Mrs. Fajardo"), to show cause why the relief requested should not be granted. The Rule is returnable on or before February 28, 2007. 11. Mrs. Fajardo is Mr. Fajardo's wife, and the couple are currently going through a divorce, docketed in this Court at No. 05-6693 (the "Divorce Action"). 12. On February 20, 2007, Mrs. Fajardo moved to vacate the Rule as to her, as she is not a party to the above-captioned case. The Court (Oler, J.) issued an Order on February 20, 2007, vacating the Rule as to Mrs. Fajardo. PRELIMINARY OBJECTION NO. 1 Improper Service - Pa. R. Civ. P. 1028(a)(1) 13. Jack Gaughen incorporates the averments of paragraphs 1 through 12. 2 14. Rule 1028(a)(1) allows a party to file a Preliminary Objection for improper service of a writ of summons or a complaint. See Pa. R. Civ. P. 1028(a)(1). 15. Mr. Fajardo failed to complete, or apparently even attempt, proper service under Rule 400. See Pa. R. Civ. P. 400 & 405. lb. Further, Mr. Fajardo's only attempt at service was to mail a copy of the Complaint to Jack Gaughen in violation of Rules 402 and 424. See Pa. R. Civ. P. 402 & 424. 17. Mr. Fajardo has failed to effectuate service in a proper manner, and the Complaint should therefore be dismissed. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. PRELIMINARY OBJECTION NO.2 Failure to Conform to Law or Rule of Court - Pa. R. Civ. P. 1028(a)(2) 18. Jack Gaughen incorporates the averments of paragraphs 1 through 17. 19. Rule 1028(a)(2) permits a party to file a Preliminary Objection if a pleading fails to conform to law or rule of court. See Pa. R. Civ. P. 1028(a)(2). 20. Rule 1018.1 requires every Complaint to be endorsed with a notice to defend as set forth by that rule. See Pa. R. Civ. P. 1018.1. 21. The Complaint mailed to Jack Gaughen did not include a notice to defend. 22. The Complaint should be dismissed for failure to conform to law or rule of court. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. 3 PRELIMINARY OBJECTION NO.3 Failure to Conform to Law or Rule of Court 1028(a)(2) 23. Jack Gaughen incorporates the averments of paragraphs 1 through 22. 24. Rule 1028(a)(2) permits a party to file a Preliminary Objection if a pleading fails to conform to law or rule of court. See Pa. R. Civ. P. 1028(a)(2). 25. Rule 1024 requires that every pleading containing an averment of fact must be verified. See Pa. R. Civ. P. 1024. 26. The Complaint contains averments of fact, but is not verified. 27. The Complaint should be dismissed for failure to conform to law or rule of court. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. PRELIMINARY OBJECTION No. 4 Demurrer - Pa. R. Civ. P. 1028(a)(4) 28. Jack Gaughen incorporates the averments of paragraphs 1 through 27. 29. Rule 1028(a)(4) permits a party to file a Preliminary Objection in the nature of a demurrer based on the legal insufficiency of a pleading. See Pa. R. Civ. P. 1028 (a)(4). 30. The Complaint fails to state a legally cognizable claim against Jack Gaughen. 31. The only relief sought in the Complaint is an order from this Court requiring the parties to submit to arbitration based on the Cumberland County Bar Association's Alternative Dispute Resolution Program. 32. The Complaint does not seek damages, see Pa. R. Civ. P. 1021, and therefore does not appear to attempt to state a claim in tort or for breach of contract. 4 33. To the extent that the Complaint may be read liberally to include a tort or contract claim, Mr. Fajardo has failed to articulate the elements of a legally cognizable claim. 34. Mr. Fajardo has failed to articulate a viable claim to be submitted to arbitration, and in any event he has failed to comply with numerous rules regarding service and pleading. See Pa. R. Civ. P. 1329. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, and dismiss the Complaint and grant such further relief as the Court deems just and equitable. Respectfully submitted, SAUL EWING LLP Dated: February 27, 2007 Matthew . Haar, s wire Audrey J. Daly, Esquire Attorney I.D. Number 85688, 203659 2 North Second Street, 7`r' Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Defendants Jack Gaughen Realtor and George Dimoff VERIFICATION I hereby verify that I am authorized to sign this verification on behalf of the Defendants, that I have read the foregoing Preliminary Objections, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I make this statement pursuant to 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Dated: Pebruary,& 2007 CERTIFICATE OF SERVICE I hereby certify that on February 27, 2007, I served a true and correct copy of the foregoing Defendants' Preliminary Objections to Plaintiff's Complaint by first-class mail, postage prepaid, addressed as follows: Geroncio C. Fajardo 498 Lantern Wood Drive Scottdale, Georgia 30079 Plaintiff Pro Se Aatt f.Zar' CERTIFICATE OF SERVICE I hereby certify that on February 27, 2007 I served a true and correct copy of the foregoing Defendants' Response to Rule to Show Cause by first-class mail, postage prepaid, addressed as follows: Geroncio C. Fajardo 498 Lantern Wood Drive Scottdale, Georgia 30079 Plaintiff Pro Se Matthew M. Haar -3- co GERONCIO C. FAJARDO, V. GEORGE DIMOFF, JACK GAUGHEN REALTOR Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-661 CIVIL TERM NOTICE TO PLEAD To: Geroncio C. Fajardo, pro se YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, SAUL EWING LLP Dated: February 27, 2007 Matthew M. Haar, quire Audrey J. Daly, Esquire Attorney I.D. Number 85688, 203659 2 North Second Street, 7`h Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Defendants Jack Gaughen Realtor and George Dimoff Matthew M. Haar, Esquire Audrey J. Daly, Esquire SAUL EWING LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7500 GERONCIO C. FAJARDO, V. GEORGE DIMOFF, JACK GAUGHEN REALTOR Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW Defendants : NO. 07-661 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa. R. Civ. P. 1017 and 1028, Defendants Jack Gaughen Realtor and George Dimoff (collectively "Jack Gaughen") file these Preliminarily Objections to the Plaintiff s "Complaint in Claim Against the Defendant," and in support thereof aver as follows: The Parties: 1. Plaintiff Geroncio Fajardo ("Mr. Fajardo') is believed to be an adult individual residing at 498 Lantern Wood Drive, Scottdale, Georgia. 2. Defendant Jack Gaughen Realtor is a Pennsylvania corporation with offices at 3915 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendant George Dimoff is an adult individual, who at all times relevant to this matter served as a licensed real estate agent for Jack Gaughen Realtor. Procedural Background: 4. On or about February 2, 2007, Mr. Fajardo filed a pro se "Complaint in Claim Against the Defendant" ("Complaint"). 5. The Complaint was not endorsed with a Notice to Defend. See Pa. R. Civ. P. 1018.1. 6. The Complaint was not verified. See Pa. R. Civ. P. 1024. 7. Mr. Fajardo attached to the Complaint a proposed order, apparently seeking an order from the Court to compel the parties to participate in arbitration. 8. The Sheriff did not serve the Complaint. See Pa. R. Civ. P. 400(a). 9. Jack Gaughen received the Complaint by first class mail on or about February 12, 2007. 10. On February 8, 2007, this Court (Oler, J.) acting sua sponte entered an Order issuing a Rule upon Jack Gaughen and Amy Taylor-Fajardo ("Mrs. Fajardo"), to show cause why the relief requested should not be granted. The Rule is returnable on or before February 28, 2007. 11. Mrs. Fajardo is Mr. Fajardo's wife, and the couple are currently going through a divorce, docketed in this Court at No. 05-6693 (the "Divorce Action") 12. On February 20, 2007, Mrs. Fajardo moved to vacate the Rule as to her, as she is not a party to the above-captioned case. The Court (Oler, J.) issued an Order on February 20, 2007, vacating the Rule as to Mrs. Fajardo. PRELIMINARY OBJECTION NO. 1 Improper Service - Pa. R. Civ. P. 1028(a)(1) 13. Jack Gaughen incorporates the averments of paragraphs 1 through 12. 2 14. Rule 1028(a)(1) allows a party to file a Preliminary Objection for improper service of a writ of summons or a complaint. See Pa. R. Civ. P. 1028(a)(1). 15. Mr. Fajardo failed to complete, or apparently even attempt, proper service under Rule 400. See Pa. R. Civ. P. 400 & 405. 16. Further, Mr. Fajardo's only attempt at service was to mail a copy of the Complaint to Jack Gaughen in violation of Rules 402 and 424. See Pa. R. Civ. P. 402 & 424. 17. Mr. Fajardo has failed to effectuate service in a proper manner, and the Complaint should therefore be dismissed. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. PRELIMINARY OBJECTION NO.2 Failure to Conform to Law or Rule of Court - Pa. R. Civ. P. 1028(a)(2) 18. Jack Gaughen incorporates the averments of paragraphs 1 through 17. 19. Rule 1028(a)(2) permits a party to file a Preliminary Objection if a pleading fails to conform to law or rule of court. See Pa. R. Civ. P. 1028(a)(2). 20. Rule 1018.1 requires every Complaint to be endorsed with a notice to defend as set forth by that rule. See Pa. R. Civ. P. 1018.1. 21. The Complaint mailed to Jack Gaughen did not include a notice to defend. 22. The Complaint should be dismissed for failure to conform to law or rule of court. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. 3 PRELIMINARY OBJECTION NO.3 Failure to Conform to Law or Rule of Court 1028(a)(2) 23. Jack Gaughen incorporates the averments of paragraphs 1 through 22. 24. Rule 1028(a)(2) permits a party to file a Preliminary Objection if a pleading fails to conform to law or rule of court. See Pa. R. Civ. P. 1028(a)(2). 25. Rule 1024 requires that every pleading containing an averment of fact must be verified. See Pa. R. Civ. P. 1024. 26. The Complaint contains averments of fact, but is not verified. 27. The Complaint should be dismissed for failure to conform to law or rule of court. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, dismiss the Complaint and grant such further relief as the Court deems just and equitable. PRELIMINARY OBJECTION No. 4 Demurrer - Pa. R. Civ. P. 1028(a)(4) 28. Jack Gaughen incorporates the averments of paragraphs 1 through 27. 29. Rule 1028(a)(4) permits a party to file a Preliminary Objection in the nature of a demurrer based on the legal insufficiency of a pleading. See Pa. R. Civ. P. 1028 (a)(4). 30. The Complaint fails to state a legally cognizable claim against Jack Gaughen. 31. The only relief sought in the Complaint is an order from this Court requiring the parties to submit to arbitration based on the Cumberland County Bar Association's Alternative Dispute Resolution Program. 32. The Complaint does not seek damages, see Pa. R. Civ. P. 1021, and therefore does not appear to attempt to state a claim in tort or for breach of contract. 4 33. To the extent that the Complaint may be read liberally to include a tort or contract claim, Mr. Fajardo has failed to articulate the elements of a legally cognizable claim. 34. Mr. Fajardo has failed to articulate a viable claim to be submitted to arbitration, and in any event he has failed to comply with numerous rules regarding service and pleading. See Pa. R. Civ. P. 1329. WHEREFORE, defendants Jack Gaughen Realtor and George Dimoff respectfully request this Court sustain their Preliminary Objection, and dismiss the Complaint and grant such further relief as the Court deems just and equitable. Respectfully submitted, SAUL EWING LLP Dated: February 27, 2007 Matthew . Haar, s wire 4 Audrey J. Daly, Esquire Attorney I.D. Number 85688, 203659 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 257-7500 Attorneys for Defendants Jack Gaughen Realtor and George Dimoff 5 VERLACATION I hereby verify that I am authorized to sign this verification on behalf of the Defendants, that I have read the foregoing Preliminary Objections, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I make this statement pursuant to 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Dated: Februaryp 2007 CERTIFICATE OF SERVICE I hereby certify that on February 27, 2007, I served a true and correct copy of the foregoing Defendants' Preliminary Objections to Plaintiff's Complaint by first-class mail, postage prepaid, addressed as follows: Geroncio C. Fajardo 498 Lantern Wood Drive Scottdale, Georgia 30079 Plaintiff Pro Se I f ,. Z2 Matt ed . Haar ` r _ -rs c o yyrn . ? V ?1 V GERONICO C. FAJARDO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GEORGE DIMOFF, JACK: GAUGHEN REALTOR, Defendant NO. 07-661 CIVIL TERM IN RE: PLAINTIFF'S "COMPLAINT IN CLAIM AGAINST DEFENDANT" and DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 9th day of March, 2007, upon consideration of Plaintiff's "Complaint in Claim against Defendant, Defendants' Response to Rule To Show Cause, and Defendants' Preliminary Objections to Plaintiff's Complaint, and it appearing that Plaintiff is proceeding in accordance with the attached order of court dated January 4, 2007 (which was entered at the time with the consent of representatives of Jack Gaughen) to pursue common law arbitration under the Cumberland County Bar Association's Alternative Dispute Resolution Program, the procedure for which does not require the formality of a complaint filed with the court, it is ordered and directed as follows: 1. Plaintiffs "complaint" is deemed an election to make a claim against funds escrowed by Defendants in accordance with the order of court dated January 4, 2007, and to proceed with common law arbitration in accordance with the said order; 2. The parties shall make use of the referral form for such arbitration attached to this order; and 3. The preliminary objections filed by Defendants to Plaintiff's "complaint" are dismissed. -?.t"???..? .,?F<°?? ?; ?` BY THE COURT, vc--J Z' 6 1/1 Wesley Ol Jr., J. eronico C. Fajardo 498 Lantern Wood Drive Scottdale, GA 30079 Plaintiff, pro Se Matthew M. Haar, Esq. J ,2'North Second Street ? Seventh Floor Harrisburg, PA 17101 Attorney for Defendant Z?? Matthew M. Haar, Esquire Attorneys for Defendants SAUL EWING LLP 2 N. Second Street, 7`h Floor Harrisburg, PA 17101 717-257-7500 GERONCIO C. FAJARDO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION -LAW GEORGE DIMOFF, JACK GAUGHEN REALTOR Defendants : NO. 07-661 CIVIL TERM DEFENDANTS' PETITION TO MODIFY ARBITRATOR'S AWARD OR IN THE ALTERNATIVE NOTICE OF APPEAL FROM ARBITRATOR'S AWARD Defendants George Dimoff ("Dimoff ") and Jack Gaughen Realtor (collectively "Jack Gaughen") petition to modify the Arbitrator's Award dated September 17, 2007, or in the alternative appeal the award, and in support thereof aver as follows: 1. On or about February 2, 2007, Plaintiff Geroncio Fajardo ("Dr. Fajardo") filed a pro se "Complaint in Claim Against the Defendant" ("Complaint") in the above-captioned matter. 2. The Complaint has it origins in an on-going divorce proceeding in this Court, captioned Fajardo v. Fajardo, and docketed at No. 05-6693 (the "Divorce Action") 3. As part of the Divorce Action, Dr. Fajardo and his estranged wife, Amy Taylor Fajardo ("Dr. Taylor Fajardo") agreed to sell their home at 409 Darla Road, Mechanicsburg (the "Property") 4. Specifically, Dr. Fajardo and Dr. Taylor Fajardo agreed in open court before the Honorable Kevin A. Hess on August 3, 2006, that Dr. Taylor Fajardo was permitted to sell the Property without further involvement by Dr. Fajardo. The relevant testimony provided: THE COURT: But if I put it in a court order authorizing you [Dr. Taylor Fajardo] to list it [the Property] for 399,900, do you understand we would have to come back here again conceivably and bring a realtor who would have to testify to me that he has made his best efforts to sell it for that price. And then I would authorize a reduction in the list price. You probably don't understand how that would work. But that's what I probably will do to protect your husband's interests. DR. TAYLOR FAJARDO: And I understand that. And I would certainly never do anything to try to undersell the house because of - I mean, because I obviously want to get as much out of it as I can too because there are bills that need to be paid. THE COURT: You do not look like a person who would want to cut off her nose to spite her face. DR. TAYLOR FAJARDO: Exactly. And I have no animosity toward him either don't want to hurt him in any way. I just want to get this settled. MR. SHELDON: Your Honor, I have one concern with that line of thought if I may, please. The market being the way it is, and it is certainly in a downswing. It is now a buyer's market, not a seller's market. THE COURT: That's what I am reading. MR. SHELDON: If that would be the case that we have to come by here and petition the Court for a hearing and hold a hearing, there is a good opportunity in reality and practical side of it, that a buyer is going to say, you know, I don't need this and move on. And it may very well kibosh the sale. If anything, I would suggest perhaps respectfully to the Court that we would have the seller's agent execute an affidavit along with the sale saying that they have exercised best efforts to get the highest price for the house. Otherwise, we are going to lose the opportunity to strike, if there is even an opportunity now. THE COURT: Is that acceptable to you, Mr. Fajardo, as long as you are satisfied the person has used their best efforts to get as much money as possible for this house? DR. FAJARDO: Yes, I agree with that, Your Honor. THE COURT: Okay. Fine. Well, that's what we will do. -2- N.T. August 3, 2006 at p. 591n. 18 to p. 61 In. 10. A copy of this portion of the transcript is attached hereto as Exhibit A. 5. Judge Hess entered an Order dated August 3, 2007, memorializing Dr. Fajardo's and Dr. Taylor Fajardo's agreement. A copy of Judge Hess's August 3, 2006, Order is attached hereto as Exhibit B. 6. The August 3, 2006, Order reflected the fact that Dr. Fajardo had to be forced to cooperate to sell the Property and that further hearings to facilitate sale of the Property could prove detrimental to marital estate. In other words, the August 3, 2006, Order recognized that any involvement by Dr. Fajardo in the sale of the Property would be counterproductive. 7. After the August 3, 2006, hearing, Dr. Fajardo and Dr. Taylor Fajardo signed a listing agreement for the Property (the "Listing Agreement") that identified Dr. Taylor Fajardo, and only Dr. Taylor Fajardo, as the "seller" of the Property. A copy of the Listing Agreement is attached hereto as Exhibit C. 8. Dimoff advised Dr. Taylor Fajardo that, while the Property could have been listed at up to $409,000 in a "hot" or seller's market, the current market trends indicated that the house would likely sell for $380,000. See Exh. A. p. 581n. 24 to p. 591n. 17. Dr. Taylor Fajardo ambitiously wanted to list the Property for $399,900, a position which Judge Hess accepted, and Dimoff honored that direction. 9. Dr. Taylor Fajardo and her then attorney instructed Dimoff that Dr. Taylor Fajardo alone was empowered to sell the Property. 10. In August and September 2006 Dimoff actively marketed the Property, including placing ads in the newspaper, placing a "for sale" sign outside the home and listing the Property on several real estate websites. Dimoff conducted two "open houses" and facilitated showings -3- by other real estate agents. All of Dimoff's marketing efforts resulted in only one offer being made on the Property. 11. In late September 2006, on Dimoff's advice, Dr. Taylor Fajardo reduced the asking price to $389,900. In conjunction with the lowering of the price, Dimoff contacted the agent for the only person to make an offer on the Property, which spurred an increased offer. 12. By agreement dated October 1, 2007, Dr. Taylor Fajardo agreed to sell the Property to Janet Hilbish for $380,000. 13. Dimoff subsequently documented his efforts to sell the Property in an affidavit submitted to Dr. Taylor Fajardo's then counsel. Dimoff and Jack Gaughen used their best efforts to market the Property, competently represented Dr. Taylor Fajardo and are entitled to receive their full commission on the sale of the Property. 14. Prior to closing on the Property, Dr. Fajardo refused to sign the deed necessary to proceed to closing. 15. Dr. Fajardo eventually agreed to cooperate in the sale of the Property, but reserved the right to bring a claim against Dimoff and Jack Gaughen. 16. Dr. Fajardo subsequently filed the Complaint, and by Order dated March 9, 2007, the Court referred the matter to arbitration. 17. The parties participated in an arbitration hearing before Dale F. Shughart, Jr., Esq. on September 13, 2007. 18. During the arbitration hearing Dr. Fajardo improperly represented to the arbitrator that he was to be consulted by Dimoff regarding the sale of the Property. Dr. Fajardo misrepresented his agreement memorialized in the August 3, 2006, Order. -4- 19. Mr. Shughart entered an Arbitrator's Award dated September 17, 2007. A copy of the Award is attached hereto as Exhibit D. On September 27 Defendants filed a motion for reconsideration with the Arbitrator. On October 1, 2007, the Arbitrator issued a decision denying the request. A copy of the October 1, 2007 decision is attached hereto as Exhibit E. 20. The Arbitrator's Award is incorrect in two respects: a. The Arbitrator was misled by Dr. Fajardo regarding the arrangement whereby Dimoff was to serve as the listing agent for the Property. The Arbitrator incorrectly found that Dimoff was required to communicate with Dr. Fajardo in the efforts to sell the Property and inexplicably intertwined Jack Gaughen in the Divorce Action by making Jack Gaughen contingently liable to Dr. Fajardo based on a potential outcome in the Divorce Action; and b. The Arbitrator improperly concluded that Dr. Fajardo may have suffered damages by resolving in Dr. Fajardo's favor the proposition that the Property may have sold for more than $380,000. 21. In paragraph 5 of the Award the Arbitrator found that "The [August 3, 2006] Order of Court did not provide Dr. Taylor Fajardo authority to act without the agreement of Dr. Fajardo." While the August 3, 2006, Order does not explicitly state that Dr. Taylor Fajardo could not act without input from Dr. Fajardo, that is the only reasonable reading of the Order and is in fact what Dr. Fajardo consented to in front of Judge Hess on August 3, 2006. 22. The Arbitrator's conclusion that Dimoff was required to consult with Dr. Fajardo regarding the sale of the Property was the direct result of Dr. Fajardo's misconduct in misrepresenting the agreement to sell the Property and resulted in the rendition of an unjust, inequitable and unconscionable award. -5- 23. The August 3, 2006, Order explicitly provides that "[i]n the event that the home is sold for a lesser sum, the listing agent to execute an affidavit to the effect that he or she has used his or her best efforts to sell the house for $399,900.00, but was unable to do so despite said best efforts." There would have been no point for the Court to require Dimoff to submit an affidavit if he was required to consult with both Dr. Fajardo and Dr. Taylor Fajardo prior to selling the house. 24. Dimoff appropriately documented his efforts to sell the Property through an affidavit. Dimoff was never directed to send a copy of the affidavit to Dr. Fajardo, and the August 3, 2006, Order does not direct Dimoff to send a copy of the affidavit to Dr. Fajardo. Dimoff was not directed or contacted by the Court and Dimoff was not directed by the Court to send a copy of the affidavit to the Court or anyone else. Dimoff contacted Dr. Taylor Fajardo's attorney, and he advised Dimoff to send the affidavit to him. Dimoff appropriately worked under the direction of his sole client, Dr. Taylor Fajardo, who was the only person identified as the seller in the Listing Agreement and the only record owner of the Property. 25. The misrepresentations by Dr. Fajardo to the effect that he was to be consulted in the sale of the Property further led to a convoluted conclusion by the Arbitrator that Jack Gaughen may be liable to Dr. Fajardo in the future based on the potential equitable distribution in the Divorce Action. See Award p. 8. The Arbitrator's attempt to inject both himself and Jack Gaughen into the Divorce Action was inappropriate and is an unjust, inequitable and unconscionable award. 26. The Court should modify the Award to clarify the clear intention of the August 3, 2006, which was to permit the sale of the Property without unnecessary meddling by Dr. Fajardo, -6- and further to correct the improper decision by the Arbitrator to impose contingent liability on Jack Gaughen based on a potential outcome in the Divorce Action. 27. The Arbitrator improperly concluded in paragraph 15 of the Award that any doubt as to the ability to sell the Property for more than $380,000 should be resolved in favor of Dr. Fajardo and against Mr. Dimoff. There is no support for this conclusion. 28. Dimoff appropriately marketed the Property. The Property was on the market for 39 days. Dimoff conducted two open houses, which generated little interest. He advertised the Property in the real estate section of local newspapers and put the listing on four real estate internet sites which generated 152 internet views. Six or seven other local real estate agents showed the Property. 29. Dimoffs act of listing the Property at $399,900 as directed by Dr. Taylor Fajardo and the Court, despite his professional advice that it would actually sell at $380,000, should not be construed against him as some promise or prediction that the Property would in fact sell for $399,900. 30. By selling the Property at $380,000, Dr. Taylor Fajardo realized a gain of more than $40,000 over what she had purchased the Property for approximately two years earlier. 31. Dr. Fajardo introduced no evidence whatsoever from which the Arbitrator could conclude that the Property would have sold for more than $380,000. Defendants introduced credible, uncontradicted evidence that every reasonable effort was made to sell the Property for $399,900, but that at the end of the day the market would apparently only bear $380,000. 32. The Arbitrator's unsupported conclusion that any doubt regarding the sale price of the Property should be resolved in favor of Dr. Fajardo is an irregularity that caused the rendition. of an unjust, inequitable and unconscionable award. -7- 33. In the alternative, if Defendants' Petition is not accepted, then notice is given that Defendants George Dimoff and Jack Gaughen Realtor appeal from the award of the arbitrator entered in this case on September 17, 2007. 34. The compensation of the arbitrator has been paid. 35. Pursuant to Local Rule 208.2(d) counsel for Defendants contacted Plaintiff to attempt to obtain his concurrence in this petition, but Plaintiff declined to concur. See Exh. F. WHEREFORE, Defendants George Dimoff and Jack Gaughen Realtor respectfully request the following: a. that the Court issue a Rule upon Dr. Fajardo as to why the requested relief should not be granted; b. that the Court thereafter conduct a status conference, entertain briefs or otherwise consider the issues raised in the petition; that the Court if necessary conduct a hearing; d. that the Court modify the Award to reflect that the Court permitted Dr. Taylor Fajardo and Dimoff to sell the Property without involving Dr. Fajardo, that Dr. Fajardo has suffered no damages, that the escrowed commission in its entirety should be released to Defendants and that Jack Gaughen has no contingent liability based on the outcome of the Divorce Action; and -8- that the Court grant such further relief as it deems just and equitable. Respectfully submitted, SAUL EWING LLP Dated: October 17, 2007-?---- atthew M. Haar, Esquire (85688) 2 North Second Street, 7t" Floor Harrisburg, PA 17101 (717) 257-7508 Attorneys for Defendants Jack Gaughen Realtor and George Dimoff -9- VIERIIE+'iCATI4N I hereby verify that I axn authorized to sign this verificadOD. on behalf of the Defendants, that I have read the foregoing Petition, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. x make this statement pursuant to 18 Fa. C.S_A. § 4904 relating to unsworn. falsification to authorities. Dated: October _& , 2007 l case? 2 ?R. SSi -LtIt) : Oue follow-up - ? ]]TRTQ' 1A1'TOS< ?TZNUl?b 4 By AYR. SASL?N S Q Are there other bills that you gave -- would 6 you tell the court, for i rstanee, the second moAgage that' 7 Vad M". Givo slim ak fiat e ge Ckar al Idea that it. in r.ht 8 just a salazy and a mortgage payment- 9 A That's right. 10 Q Let him know what the burden on you is 11 financially and why this isn't'a feasible amount of money. 12 A In addition to the $2,400.00 mortgage, there 13 is also -- there is a secoatd portgage that we took at the 14 same time that we initially f ne=ed the house in order to 1S make the darn payment or the house because we didn't have a 16 down paywnt on the house- So all totaled everything is 17 just about $3,000.00 a month. is In addition, there is an almost $900.00 a 19 month car payment. I was left as the prim.9my holder on 20 credit Card debt totaling probably close to $30,008.00 that 21 1 am slowly paying on as sell- You know, my student loans. 22 AU of thO utilities for the house. 23 BY TEEZ COURT; 24 Q And the realtor did indicate a possible price 25 of 399,000? 58 I A That was hie upper limit.. Re was suggesting 2 that we list it for 379,940. And I said is that the must 3 you think we can get. Re said maybe up to 399,900. But he 4 saitt that houses in that range --- houses in the 389 to 399 5 and above, the market for that Price of house has 6 dramatically slaked. And he thinks that it Will just sit on 7 the market if we list it for anything else. 8 0 And if you sold it for 379, 900, do you know 9 what your equiiy would be that you would be depositing? 10 A I think if we sold Ir for 379, we would maybe 11 not even ---- we may have a loss on it actually by the time we 12 pay the comission, wblch is why I had suggested at least 13 trying to list it at 399. 14 Q 399- 15 A 399 to 399 I think would be a good starting 16 point. And if we can't get that, then we will come down iA 17 prase. 18 Q Best if Z put it in d court order author-Lzing 19 you to list it for 399,900, do you understand rye would have to Coate back here again canceivablY and bring a realtor who 21 "Ould bave to testify to me that he has made his best 22 efforts to sell it for that price. And thefi I would 23 authorize a reduction in the lj. t pri,ce_ X4u probably don't 29 Muerstand hour that would murk. Hut that's- what I probably 25 will do to protect your husband's interests. 59 I A And I understand that. And I would certainlY 2 never do anything to try to undersell the house because 3 of -- Y mean, because I obviously want to get as such Out of 4 It a9 I cam too because there are hi31s that need to be 5 paid. 6 Q you dv not look like a person who would want 7 to cut oft her nose to spite her face- 8 A Exactly- And I have no aniarasity toward hia 9 either.. I don`t want to hurt him In any way. I just war 10 to get this settled- 11 M. 6HELDOW: Your Honor, I have one concern 12 with that line of thought if I may, please- The market 13 being the fray it is, and it is certainly in a downswinq. It 14 Is now a buyer's market, not a seller's ma xet_ 15 THE COURT: Tbat•s what I am reading. 16 19R. SMUJK)N- Yf that would be the case that 17 we have to emu by here and petition the Court for a hearing 18 and hold a bearing, there is a good apportun?ty in rew.ity 19 and practical side of it, that a buyer is going to say, you 20 know, I don't need this and move on. And it may very well 21 -kibosh the Sale 22 If anything, t would suggest perhaps +23 respectruliy td the Court that we would have the seller's 24 agent execute an affidavit along with the sale saying that 25. they have exercised best efforts to get the highest price 50 I for the house. . gtherwlse. we are going to lose the 2 opportunity to strike, if there is even an opportunity now- 3 " THE CO M-- Is that acceptable to you, MX. i vajardo, as I*m as.yov are satistied tt?e person has used 5 their best efforts to get as oich =may as possible for this 6 ` house? I MR. rMARM: Yes. I agree with that, Your 8 Honor. 9 THE COURT: Okay. Fine- Well, that's what IQ we will do. x1 MR. FWAM: Jost the issues about the 12 inveftWries and other personal things that I have in tJ',e 13 ho=e. 14 THE COURT: Well, the personal property- aad 15 the it"= unfortunateiy -- no, fortunately, these natters 16 are nct.i.n frmt df me today- Sut I have an instinct about 17 this case. That if you two if you got over Your anger, is and there was a. little less gasoline api.lled .in the 19 cou- tsooal, that you two probably could work this out. 20 M_ EMJARDC;! rn all honestly, Your Honor, I 21 - tbink we would cml,d work this (x t, and spy wife understands 22 pretty VeU why I Vas angry and how 1 em ,hen I &fi angry_ 23 xo tell you honestly it is Mr_ Sheldon -- 24 TAE CXMRT _ You have made that point, and x 25 really don't want to get'into an arguuwnt about that. I 61 AMY M. TaT74M PAJARDO , IN THIS COURT OP - C UMM PIXAS OF Plaintiff/Petitioner CMaORLMD COULM, PEMMYLVMIA v CIVIL ACTION - LAW GUMCIO C. P&JARD0,, NO. 05--6693 CIVIL TSRM Defendant/Respondent is RE: P'=Trovm v s ICY P=,TT3:oN roR spEC2Ar, Im r CIDER Or COURT MU' N0W,• this 3rd doy of August, 2006, after lmea ri=q, it is ordered and directed that the parties cooperate in Iistins fat sale the marital tLome located at 909 Darla Read, Hechanicsk6rg, Cumberland County, Peansylvania, for the sale price of $399, 90o _ oo. In the event- that the hone is soJ.d tar a. lesser sum, the fisting agent to execute an affidavit to the effect that he or $he has used his or hex best efforts to sell the house for $399,900.00, but was unable to do.so despite said beat efforts_ It is further ordered and directed that any' psoceeda tram the sale of said zeal estate shall be escrowed i.n an interest bearing acc nmt held by the plalxLtiff' s attorney, with no aithdtawals to ba made therefrom absent further order of court or an agreeawnt of the parties. . It is further ordered and di.rected• that,,, the defendant deliver to the plaintiff within too clays, either is person or 30M other safe method, the laptop computer which• eras etbe subject of these proceedings for the purpose of allowing her to download her personal iztfo=ati.on, with the understanding that she shall accomplish GSAe and retur=n the computer in no less than ten days of haz receipt of "said _L3ptop NO. 05-6693 CIVIL TERM By the court. 3. Michael Sheldon, Esquire For the P1 a :ntlft/Petitioner . Goron+cio C. ftja6rdc, Pro- se De?endantJRespoGdcnt , TM M" FR*.. • V itD b •• •- read ! hj ?j ,tar IwA . Baal Pa. Ked"A'A. .9m EXCLUSTYE RIGRT TO SELL REAL ESTA'T'E r -, !I= form recommended aed appmved for, but not r wicted to use by, the aianbas of the Pemisylvama Association of REALTORS* (PAR). 1 BROKER (Company) Tkcv- cr4vt ks &j iL1 4Z 2 LICENSEEM 01 W..o 8 SELLER a Does Shcler,have a Ming. Contract v" .another .another Broker?- O Yes : er-Ne s Ii?yes,'e><ptailt- 1. PROPERTY LISTED PRICES 8 Address 40 DAPi-A 95 s Municipality (city, borough, township) 7r ? CNA Ilt1.CS OUIL , 10 Coanty tUWk (3 EA L1 School District ?yt k r u A-+Ul„es U 11 Zoning E51 ("s'1tom. - Present Use =SiOc'_ n-1c 12 Identification (Tax ID Parcel *, Lot, B Deed Booo.j Pa ;RR cording Date) 13 y 1-72 6 :3 14 2. STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERW) is A. No Association of REALTORS® has set or recommended the term of this omtraa By law, the length or term of a listing coa- ls tract may not exceed one yew: Broker and Seller have discussed and agreed upon the length or term of this Contract n B. Starting Date: This Contract starts when signed by Broker and Seller, unless otherwise stated here: to C. Ending Dabs: This Contract ends on X - ! ' rJ? 19 2s 3. DUAL AGENCY, Seller agrees that Broker may also- represent the buyer(s) of the Property The Broker is a DUAL AGENT when n representing both Seller and the buyer in the sale of a property 22 4. DESIGNATED AGENCY 23 `? Not Applicable 14 ? Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identified 25 above) is the Designated Agent, who will act exclusively as the Seller Agent If Property is introduced to the buyer by a licensee 26 in the Company who is not representing the buyer, then drat licensee is authorized to work on behalf of Seller. If licensee is also n -the Buyer's Agent, then Licensee is a DUAL AGENT. N 5. BROKER'S FEE No Association of REALTORSO?&s set or recommended the Broker's Fee. Broker and Seller have negotiated s the fee that Seller will pay Brokec Broker's Fee is % of the sales price AND S169 tWr_tA- paid by Seller a 6. COOPERATION WITH OTHER BROKERS Ef u Licensee has explained Broker's company policies about cooperating with-other brokers. Broker and Seller agree that Broker will pay 22 fro 's Fee a fee to another broker who procures the buyer, is a member of 7 uhiple Listing Service (MLS), and who: A represents -Seller (SUBAGEIM-Broker will pay . S 4 ohYfrom the We price. 34 B. K represents the buyer (BUYER'S AGENT). Broker will pay 37-0 oflf-om the sale price. 35 A Buyer's Ageiot, even if compensated by Broker for Seller, wit represent the Interests of the buyer.. x C: X_ dots nofrepresent either Seller a uyer (TRANSACTION LICENSEE). »- - Broker Will pay `??O offfrom the sale price. n 7. PAYMENT OF BROKER'S FEE - A_ Seger will pay Broker's Feeif Property, or any ownership interest in it, is sold or exchanged during the terra of this Conti act by Broker, Broker's salespersons, Seller, or by any other person or broker, at the listed price or any price accept 41 able to Seller. 42 B. Seller will pay Broker's Fee ifateady, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer e3 is one who will pay the listed price or more for the Property, or one'who has submitted an offer accepted by Seller. as C. Seller wilt pay Broker's Fee if negotiations that are pending at thc.Ending Date of this Contract result in a sale. 4s D_ Seller will pay Broker's Fee for a sak _ *fter the Ending Date of this Contract IF: 46 (1) The sale occurs within of the Ending Date, AND 47 (Z) The buyer was shown or negotiated to buy the Mpetty during the term of this contract, AND e (3) -The Property is not listed under an "exclusive right to sell contract" with another broker at the time of the sale. 49 E If a buyer signs an agreemctrt of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of fail- SO. - ing to do -all -dig things required of the buyer in the agreement of sale (buyer default), Seller will pay Broker 51 ° p of from buyer's deposit monies, OR the Broker's Fee in Paragraph 5, whichever is less. 5z F. If the Property or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker's Fee fruam 53 any money paid by the government. 54 G. Ifa sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest If the Property is transferral by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. i - XLS Page I of 4 ® Pemeftimi i Msoeiiation of oorrwarrPMWtMVAMAASsocsATtorvorxsALctaxs+2oea tno6 ANY CKAKGES TO 11M PAGE MUST BE MA DR RIND Ji mAmm m "ca copy a Il. smur is acies as,& uwaismu. em descti'bed in slue C u3mdce Nodee; to aarkat the Pc =V andoo amod m with pores st edol boyem Stalm %vW um mmmumble effads m find a bWw i'ot tlta PtopcM. 00 S. Sd ct vvill coops m with Beoioer and asem in +be sates orthe Ptvp M as **ad by &alcm o C. AM "*wines, *%m"om ead discossiom abow dw safe of doe Pmpea+iy "M b: date by Bmk r on Sdkrls beh". All "d ay tat or oat iwgasiries that Sdkc mcdea or teams about yeguding dye Pmper% cmeodk o ofrite: source. *10 be ork, r - i + 62 Brokyc 43 D. If the *apaw. or way pm or it, is sealed, Shcer will ec any loam to Stoker beh a s4pdn fruits Camoml.. if aw law m we oral. Scher v ill VmA* a .ritim suatme4ty of Uc *=av , iacUu ant om of yRmt. uaoeTivg daft- and Tcramw* Sam as Saliks. n E. Seta wig stet twos iota or aenew any leaso dudag the reran of this Coomact w muut Asst I vbg mu nil- w 8mk = n a !. =WKMIS SRR jr-z TQ 13VYKR s+s 8t+oiaW UM provkdc sawkes to a buyer rot %Wch Starter aw acupc a flea &mb m vkm yasy inoiaslt. bat are not CuoW It rs deed Woetavent ompumdom; ocderbyg s mtffaadoas required fa ekoctmg: fiaawl" savlees: Wk ttadit goad p *pytttt m!tft n tM ordeft h+mtmmte. epwWuc*o. sopoK at mWccdit mvioes.139*tt v44 dbckutet ao Beila it say ibex m m be pstd b tY tlsgrar: r, iti. AIROOM NOT RESPONSI= FOR DAMAGaS n Stikrarm flat B:okrr aped Avaktr's mWipeaons we net cespocuMe lot seW damgV in, *A Peopeety or at+y has at thcit of Pc It W=l spode 6m the Pm perry Unless such damagr- tens or theft is Ocaly "wed by Omkw or Brvkv 's gym. U 1I. 0"OUT MONEY A. BiWtar. or my pewter sdta wad the buytt carat In the a"Wasom of wane, .enll beep ON dgmdt Magi= psld by qr for zero sa hewer in an arrow account Una the: we is compkad or the No, ofsxk is ldvsiaasasd. 2f bard by Ataiew, rids seaoeou ere aexronat wilk be ieetd as srduiaod tp? 9sml encase liccusinglases and asuladws. Sedleaeagtoei dW me potom WcpV%*e 4*Vmt Lamm my waft to deposit my mosshed cbeak *a b received as deposit money etgtil sdkt lays a9cep d an oft 8. U301la joins Brow or tAceensee icy s helm* far dte rsm m o t' deposk mawks. Seller W91 paws &QW's and Limmee"s an yK wsys' am and cam ea IL oMXR »taRT?s n BOW *Weft brat Backus uw,y list add peopgr&S For sate aced that 8y oker away show tuna 99opettcS to prospective busym err 13. CONFLICT OF DvTEttgsr A s oattta ofiaboast is wk= 'Bwker or Lioemm has a fina wiu>d or pcumod hR ctgm w1wre S ko or l ioatme eau" pot SdW e? iMM" bcRM say whet. tfAaotaat, LieenSet, of any of'Stoker's sWespeotrle leas a ctmBictorinta K Smkcr will t 0ftsdic n ins taRw msaw. 13 to 14. PUMACATIOtef OF SALE nucl es -OADW is arwue tint 9111 MOW* Utdag Smviac (MLS). rtcwnupartpess. awl 40= u rdia mry publish the fled sdr Wien of 1b u !'tvpasgraliek scmkmwp9_ y tut 15. SMU" Will. P-SVEAL DEFLt`G'1j'3 & &MVUWMMEN2'AL HAZARDS tw A. teller (mcbs&ft SWIcts eyumpt fvo the Read Estate Se1W D'tpalasurse Law) wiil &%dove 911 known amedat Atre s awo aavita9a9®phI ba+3 (19 an at StPuata 0closum sftle wvt. A awl d*FW is a probkm or =o&dao tt? as (t) is a possible slao?t a tiwse ilu.treg em the hroopolyy or !R (2) hat a dsoil%=4 ad mime a m the value of U Pz opat1, 3]ta Act tint a strueb vd e%mtw. syskm or sttbsysaem is mew, at or beyymW the and ofik m r aael merttt tits Oat ch at smue% we tmal etem to(, systaw errakiy Piam Is act by itself s wsterial derem nos 8. trUdler A43 to dWom bwmn matmUl dati cds and/or ectm c*=tcnW bzumb- a (1) Serer will not hotel Hecker or Lktmw msporyslblc iat my wsy; par (2) Seller watt PWIM Bralaer mid Menace ham wells edalms. la twits, mad scions Om tsuptt; n 0) 5d1cr wpl m ail arBtdaer's ad Lit atsee:'s costs brat tesutt. 't'his: ill P, 1 m t attoums, rata and eontt-ordercd.pu omb W or sademeats (Sdoaegi Baoher or Licensee gays to and a ks ct* or dahA)- ALL rage x of 4 AJRY CBA1CS TO M US FAGR MUST' BE MARE ANo uvrrzALED oN F.4t`m COPY tea M IF PROt1P.t Y'WAS 2MT BZFCMZ 19M III Thee RRetddrsriisl Leed-Dared Pamt Homd Pxdocdm tie sags cast asq WAW of peopaely bet 1 e93 te 1974 UWA give ire buy ett as ZPA psmpblet tided f'r~ Xmw fmao r ajar Gaon' is low flhw& T1W adlea am moot an tltw bNow and the bcdw wb t:s the reshot k+wws about lmd4med. paint aad lad based psW >woco dw are at or an the papeety beft sold. Sella MK la ila dw. bvyc haw tin adla ka mn Gat lw dAessed petlm and fiwdAsed paint I - - I asv on ftprope egr..ulter? doe kted4m= f par >>s goad lcmd-basW pdd bmtds am. to coacman ordwe palute d susfaoes. and ow other iaawmatioa seller bawl about ked4w rro yaW tend lood based point baaaak an the proparti. Airy seller ofa pm )978 psrlolm a and fto, XKV tlcebgrar sexy n owds goo >>y Mm Is #at the seller has at cis gat about iced4mcd pdttt w ksd-hosed p" baratds in or atowd die propet?r bsE? oald, tt i w eenwam areas, at adter dwcMW In cwAd faocaly bommiiug. I cmdiqg to th%-.Act,, s scow mvxtghv a brew to *$I (a dos sd In ar and floe buyer qVw iv a 06bmt praiod oCdmq from dse tiatc an rRwcomm ofsrk is M*mM to bMa -d* smamicorg 130 kwoedfoa ibr pawtblq jsted-based Pam h mxb doas as the yt+opect)?_ Buyve vw ehom rat 1v 6ee fire dale mme meat C .sl iaa mWm for loa$ 00W 110- ds dana. If 6e buyer dtoa= ooh Id low Ow eocar largwcdo k the bV ermwe t*cm ib m seller is wsb gg of the oltoke. The Act does ant rdgvkc ibe stellar b ivspea br lad pai at baath or m coned kad pwit ba nc atilt goo dts pmpe . live Act doss trot apply to hoetsing built to 1979 or tower, uc 17. RXOdYXRY FUM _ >x !'aoogrtvada has a Foot Ra A%*ry Fund (the Fund) to :m aw pwsaa wba bay tectiv a fnsi canrt ndb* (CbQ Jk* m WW4 apbW a PennsyWoo s real emu Rcettsac bscausc of fivA lpiilreptti4ROSdart, Or dseait io • trot esgae 1?a4lteaCl+On. 1111 ra Fkmd mpaps purw= Nbo bwe arch bona able w calleot dxc judstttvm rtllar hyAq ail 1ffwJ 11 vAWs to do am Fbr eompWe dielefb ,re shoot flat; Fvn4 call (717) 733-3658 as (Stit) W-21 13 (vdoda Ptnavylvaaia)•arcd (717) 7RIA1134 (ovtddeFcanylvN14 m m M h mcm TO Masom OFMRU*G TO SELL OR KZNT aovstrtc IN PXMMA%MA as fedocel and sure laws entice it 14*0 for a sdlw. a broker; or ar} wx to me RACF, COLOR. RMAGlM or RAUGBMA W CM D SEX. DM&4UJTY (pltira{ofil ter medaQ. FAW UAL $TAX= (aldidtea wiles I I yeas of ovk. AGE (40 or dde* ue NATIONAL ORICOX M 09t 017 SUPPORT OR tit WE AN1hQAl.9ti or do FACT OF XELM m TIOMMOR ASSOCiA'1MN TO AN MDFVWUAL KNOWN TO HAYSA DISAD=Y as ccesom for M WW; w dw%% at goat pn*wtk& low monvA or oat deposit mounL% Q w coal m for =y dedclat M#Amg to dw alt: 0rF'WUW- W It. AD M*ffAL OFWM aw fraud by a bLWw or coaptxw ims lxoka; awker w 0J mveat aw eswetsaoa of atRss an the hopes% totleapret g&4 by Shcsc H. ON= SLUM ENx',F7Lg RM AN AGREEM04 T OF SALF. DROrMt 1S NOT REQUMU -M f' Yr OTSR ter 017M w tU ?A. TRANEp,><';A OFTWb COt11 M^Cr 164 A Bat kw w19 mrft Senor iuaaadratdy in writing jr $mker wwwfem ibis Contract to auodwr broker when: er (t) Owker stops doing bmir ar.OR tK rA Br*& ronm a now vcd noises; business. OR to (3) Bmkw join bb budags alto srwtber. a Saaer regress dneC Dmicre =y aansrc drk Caoftet to avodtarbmkvL broker will uudfy Sailor iouaediat* In arbivg VAM m ra humba' aacm ca- Broker v4H fore dw rlgb( to er wdkr lids Contract, Saer wig Sol(ow all rc**vmoft of Qds, 0aaor00 t>o wifh des craw btuloea: rn a Should Seller give a v wst`cr tho property, orarc a wnasidp hAwest in 14 to agyvne dm&Z that taut orW Caaaack 4 ovas- eR nee Vaal imlow the roquin=ct is of tbkc C wawt. tst Lego 21. i*t0 0 TWM COWMACrS a+ SeAer will not wirer Into aao*w 1156ft voorms with aoi dom be )oar drat bq*s before else 9ndina Date 9fd w Con tw t. to to ZL 11p11' KE CplvTfmcr tss Ibis Cxnctcmt is flee entire agmMe M W%wen i3t ktv and &dher. ilny vWW or wttttea sgaocois tbu watt made beilat>r are IV not a part of dds Cadet. m at 23. OiANGES TO THIS CONTRACT Nil cues to We Cmeact must be in writing snd sW wd by 13co1w and Se Nw. to The Offioe of the Aumve y Geaccad leas not pre-spp owd mW spacpt cooWom or sddkiaod 1' added by "Y Pwtftk AV !K goad eavAtiams or ads addl WMW M this Conattct mrteet CWJ* wilt the Pennslr(v7Ntt F 10k Iaep~ Coasveaa OX WW tW Ad. ?CAS Pal=e 3 44 STING OF PROPERTY ? " ACM perinitted;.Breker, at Broker's.option, may use: .&For sale sign ta. W sign- El Key in office - d.(L a box C,rint /?lex?noic adatising, including photographsPtnperty address in priut/electronic advertising= - B. Broker 6?,will 10 will not use a Multiple Listing Service (MIS) to advertise the Property to other real estate brokers and .1alespersous. Seller agmcs- that Broker, Licensee, end the MLS. are. not respaiisibk.for misglces in the MIS and/or advertising of the Property. M-.26, rMN1S ORMUDEDINOTINCLUDED IN TMB PRICE OFTME PROPBIff -1i >'- A._ - INCLUDED irr the -sale':are ail- °Oczias pcrwaneatijr install xd in. the Property; fipe of liens, :inchiding pl cgs pool- and spa eq eat $ Se ooF'openaa in ligUing sxc ms (including dmWeliexs and-ceiling fans); wieta t systems, 177 and transmitters; television arKeanas;.u*vtted shrubbery, plantings, and trees; any rerttaw* gating and cooking fads stared in on the Property at the time of settlement; sump pumps storage sheds; mailboxes; wall to wall carpeting; existing window screens; -179 storm windows and scceenlstormdoors; window covering hardware, shades and blinds- built-in air conditioners; built-in apph- tea awes; and the rangeloven, unless otherwise srated.Also included; i 181 _ 182 ?srz 1i1 185 is 187 in ,199 ISO 191 192 M 194 195 1!i tsi 19! =2 203 Zoe us 206 _2t1 B. I.EA,SF.D items (not ownod by sedter): P WWI I MIRn fiyb"a sand itrave- ADDITIONAL INFORMATION (OPTIONAL) I TITLE & POSSESSION A. Seller vviii give possession of Property to a buyer at settlement, or on S? T- TLCu-f B. At scutenicut, Seller will give fill rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements: (2) Other: C_ Seller has: ? Mortgage With: Aruount of balance S Address. "Phone: Acct. #: ? Fgtriiy Loan with _ Amount ofbahm6c $ Address: Phone: Ac& #: ? Seller authonm Broker to ie oeive mortgage payoff mWkr equity loan payoff iraformation'fiom lender(s). . D_ Seller has: 0 ladgmeizis 1 Municipal Assessment ? PiA DacTaxts ' ? ih6q $.. S S E_ If Seller, at any daze an or since Tan uary 1, 1998; lies beat obligated to pay support under an bider on record in any-Pennsylvania cmay, list the county acid the Do6i e'Relations Nii&bcr or Docket Number TAXES, UTILITIES, & ASSUCIATION'FEES I A- -At.settlemcut, Seller wt71 pay one half-of the total Real Estate Transfer Taxes, unless otherwise stated hem' B. Real Estate Pwperfy Tat Assessment S- Yearly Taxes I _ w1geAncome Tax S - . Per Capita Tax S C. Estimated Utilities (trash, water, sewer, electric, in. oil, etc.): - ? VA moRga$e D. Association Fees S Wade: Fm"CING- Sell ` w 1 accept tlzc following arrangements for buyer to pay for,to Property: 1 Conventional nkrt&W ? ' FAA auortgage ? Seller's help to buyer (i any): 212 Seller has read the Consumer Notice as adopted by the State Real Estate Con missioa at 49 Pa. Cade §35336. 4213 Seller gives permissWe for Broker to send information a bout.this traassetiaa to the fast number(s) and/or e-mail address(es) listed below- z14 Seller bas read the entire Contract be&.m sig. AD Sdiers imust.sign this Contract. rs -Return by faesimile (FAX) constitutes acceptance of this CouftwL rs NOTICE BEFORE SIGMLNG: IF SELLER HAS LEGAL /IqUESPIONS, S i E IS ADVISED TO CONSULT AN ATTORNEY. 2a SELI.F.R'SMAILING ADDRESS: 40 1 IJAILL+ R? j :19 PaoNe: 4qZ% a`1?21 -FAX: F MAIL- 2n SELLER %. V 1?, f?. DATE 221 S'FLI.ER l? Q - -`r DATE (? . G BROKER (Company Name) ^t /?`?n P _ 4of4 GERONCIO C. FAJARDO, Plaintiff VS. GEORGE DIMOFF AND JACK GAUGHEN REALTOR, Defendant COMMON LAW ARBITRATION BY AGREEMENT OF PARTIES ARBITRATOR'S AWARD By agreement of the parties at the Hearing on September 13, 2007, the Arbitrator makes Findings of Facts, as follows: FINDINGS OF FACT: 1. Geroncio C. Fajardo (hereinafter "Dr. Fajardo") and Amy M. Taylor Fajardo (hereinafter "Dr. Taylor Fajardo"), husband and wife, listed the real property at 409 Darla Road, Mechanicsburg for sale with George Dimoff and Jack Gaughen Realtor (hereinafter "Mr. Dimoff" or "Jack Gaughen") for the selling price of $399,900 pursuant to agreement of the parties and incorporated in an Order of Court dated August 3, 2006. 2. The property was titled solely in the name of Dr. Taylor Fajardo. Dr. Taylor Fajardo and Dr. Fajardo were, at the time of listing, involved in a divorce proceeding, and the real property was "marital property" under the Divorce Code. The Divorce action is still pending. Dr. Taylor Fajardo is not a party to this proceeding. 3. Mr. Dimoff used his reasonable best efforts to market and sell the property, consistent with the information provided to him by Dr. Taylor Fajardo and her previous attorney. 4. Specifically, Mr. Dimoff relied upon verbal representations from Dr. Taylor Fajardo and a written representation from her previous attorney that the Order of Court dated August 3, 2006 gave Dr. Taylor Fajardo sole authority to sell the real property. Mr. Dimoff's actions were reasonable and consistent with standard business practices. Mr. Dimoff was not provided a copy of the Order of Court. 5. The Order of Court did not provide Dr. Taylor Fajardo authority to act without the agreement of Dr. Fajardo. What was contained in the Order was misrepresented to Mr. Dimoff by Dr. Taylor Fajardo and her previous attorney. 6. Mr. Dimoff located a qualified buyer for a reasonable sale price. 7. Based upon the representations of Dr. Taylor Fajardo and her previous attorney, Mr. Dimoff disclosed no information to Dr. Fajardo at anytime during the marketing of the property and entry of the agreement of sale. Dr. Fajardo was advised only when Jack Gaughen was notified by the title agency representing the buyer that Dr. Fajardo's signature was required on the deed. Thereafter, on or about November 2006, Dr. Fajardo was notified of the agreement of sale and was requested to sign the deed. 8. After being notified of the sale, Dr. Fajardo refused to sign the Deed and wrote directly to Mr. Dimoff objecting to the sale without his input. 9. In November 2006 at the time scheduled for settlement, a "dry settlement" was held and the buyer was given possession of the property. Subsequently on January 4, 2007, by agreement of the parties entered in open Court Dr. Fajardo did sign the deed and settlement was completed on January 8, 2007, subject to a provision in the order of Court allowing the parties to object to the payment of the realtor's commission and placing it in escrow. 10. Within the thirty (30) days provided Dr. Fajardo elected to make a claim to the escrowed funds by filing a "Complaint in Claim" in the Court of Common Pleas, which resulted in the appointment of the undersigned Arbitrator pursuant to an Order of Court dated March 9, 2007. 11. Dr. Taylor Fajardo did not object to payment of the realtor's commission. 12. By Stipulation of Dr. Fajardo and Dr. Taylor Fajardo the sum of $11,375 was paid by the escrow agent to Re-Max Realty Associates, the selling agent. 13. The commission which would have been paid to Jack Gaughen, the sum of $11,425, remains in escrow. 14. By marketing and selling the property without consultation with Dr. Fajardo, Jack Gaughen breached its contractual obligations to one of its principals, Dr. Fajardo. -3- It did so, as stated above, in reasonable reliance upon the verbal representations of Dr. Taylor Fajardo and written representations of her previous attorney. 15. Although it is unlikely Dr. Fajardo's input would have resulted in a substantial increase in the sale price under the agreement negotiated without his knowledge, it cannot be ascertained with any certainty at this point in time whether or not consultations with Dr. Fajardo may have produced a contract to sell for the original list price of $399,900. It would be impossible for Dr. Fajardo to prove, at this time, what his input and efforts may have produced in terms of an ultimate sale price in excess of the $380,000 sale price agreed to by Dr. Taylor Fajardo. The doubt is reasonably resolved in favor of Dr. Fajardo. 16. If the property had sold for the original list price, the Fajardo/Taylor Fajardo "marital estate" would have been approximately $18,500 greater in net equity ($19,900 minus realtor's commission, $1,194, and realty transfer tax, $199). 17. Dr. Taylor Fajardo not objecting to payment of a full commission to Jack Gaughen, one half of the realtor's commission attributable to Mr. Dimoff's efforts on behalf of Dr. Taylor Fajardo, the sum of $5,712.50, should reasonably be paid from the escrow to Jack Gaughen. 18. The remaining balance of the commission being withheld, $5,712.50, should continue to be held in escrow pending -4- completion of equitable distribution proceedings between Dr. Fajardo and Dr. Taylor Fajardo. 19. The Arbitrator finds that whether this additional sum is owed to Jack Gaughen is a matter between Jack Gaughen and Dr. Taylor Fajardo, and between Dr. Taylor Fajardo and her previous attorney. Dr. Fajardo's equitably distributive share of the marital property should not be reduced by virtue of a potential obligation of Dr. Taylor Fajardo to pay the balance of the commission to Jack Gaughen from her share of the marital estate or separate assets. 20. Dr. Taylor Fajardo not being a party to this proceeding, whether or not she has any further obligation to Jack Gaughen is for determination in another proceeding. DISCUSSION Based upon the foregoing facts, as found by the Arbitrator, the sum of $5,712.50 is payable immediately to Jack Gaughen. The balance of the commission claimed due, $5,712.50, shall continue to be held in escrow. It is the Arbitrator's conclusion that as a principal under the listing agreement, Dr. Fajardo was entitled to be kept advised, each step of the way, of the progress in the efforts to sell the property and provided the opportunity to participate equally in the decision making process. He was not so advised and therefore did not have input into the reduction of the list price or the entry into the agreement of sale. It is impossible to know now whether his input may reasonably have -5- resulted in a greater sale price. Further, the completion of the dry settlement and providing possession to the "Buyer" left Dr. Fajardo in a position where his failure to cooperate when the matter came before the Court in January would have harmed not only an innocent third party but also the marital estate. Mr. Dimoff acted in a reasonable manner in relying upon the written representations of Dr. Taylor Fajardo's previous attorney. Although Dr. Taylor Fajardo was likely innocently mistaken in her understanding of her authority, her previous attorney should certainly have known better and advised her as well as Jack Gaughen of the correct legal situation existing under the Order of Court. The Arbitrator has no authority to enter an Award which effectuates a "Equitable Distribution" of the marital estate between Dr. Fajardo and Dr. Taylor Fajardo. Whether or not an additional realtor's commission of $5,712.50 is owed by Dr. Taylor Fajardo is an issue to be resolved between Jack Gaughen and Dr. Taylor Fajardo, and by extension, between Dr. Taylor Fajardo and her previous attorney. Since the Arbitrator's Award cannot supersede a Court Order, pending determination in regard to equitable distribution, the sum of $5,712.50 should remain in escrow. If equitable distribution is ultimately decided by order of Court, without an Agreement between Dr. Fajardo and Dr. Taylor Fajardo, and if in fact Dr. Fajardo's share of the marital property is reduced by -6- any sum to pay the balance of the realtor's commission claimed due, Jack Gaughen shall be obligated to remit that sum of money to Dr. Fajardo promptly upon his written request and presentation of confirming documentation. If Dr. Taylor Fajardo and Dr. Fajardo resolve equitable distribution by agreement, it is Dr. Fajardo's responsibility to protect his rights under this Award in such agreement and the terms of such agreement shall supersede this Award. The Arbitrator cannot make a definitive final decision in regard to the rights of either Dr. Fajardo or Jack Gaughen with regard to the balance of the escrow because Dr. Taylor Fajardo was not made a party to this proceeding. Either party could have joined her. Under the circumstances this Award establishes the rights and responsibilities between Dr. Fajardo and Jack Gaughen. Dr. Fajardo does not owe Jack Gaughen a further commission, and the sum of $5,712.50 shall continue to be held in escrow pending completion of equitable distribution. This Award does not attempt to effectuate equitable distribution between Dr. Fajardo and Dr. Taylor Fajardo, nor does it prejudice the rights of Jack Gaughen to proceed with the claim for the balance of its commission from separate assets of Dr. Taylor Fajardo, or her share of the marital estate. Based upon the foregoing, the Arbitrator makes the following: -7- AWARD The Arbitrator awards Jack Gaughen a realtor's commission of $5,712.50, to be paid immediately from the escrow to Jack Gaughen. The remaining balance in the escrow, $5,712.50, shall remain in escrow with Attorney Constance Brunt, pending completion of equitable distribution proceedings between Dr. Fajardo and Dr. Taylor Fajardo by Order of Court or agreement between them. Plaintiff Geroncio C. Fajardo is not liable to Jack Gaughen from his marital or separate assets for payment of any portion of the balance of the realtor's commission claimed due. Should an Order of Court awarding equitable distribution between Dr_ Fajardo and Dr. Taylor Fajardo be entered which supersedes this Award by ordering a payment to Jack Gaughen of any portion of Dr. Fajardo's share of the marital estate, unless by agreement between Dr. Fajardo and Dr. Taylor Fajardo, Jack Gaughen shall be obligated to reimburse such sum to Dr. Fajardo promptly. The responsibility, if any, of Dr. Taylor Fajardo to Jack Gaughen for the balance of the realtor's commission claimed. due cannot be determined in this proceeding. n(''? Date: September 17, 2007 Dale F. Shugha?, J .I Esquire Supreme Court D. 9 73 10 West High Street Carlisle, PA 17013 Telephone: (717) 241-4311 Arbitrator -8- GERONCIO C. FAJARDO, Plaintiff VS. GEORGE DIMOFF, JACK, GAUGHEN REALTOR, Defendants : COMMON LAW ARBITRATION : BY AGREEMENT OF PARTIES MODIFICATION OF AWARD DENIED The undersigned Arbitrator received a Motion for Reconsideration filed by counsel for the Defendants. An Award may be modified only in very limited circumstances of fraud, misconduct, corruption, or other irregularity, 42 Pa.C.S. 7341, which are not alleged. Further, the Motion contains information which was not presented at the hearing and could not properly be used by the Arbitrator to revise his Award. Moreover, a review of the court proceedings quoted in the Motion for Reconsideration merely reaffirms the findings of the Arbitrator. The purpose for requiring an Affidavit from the Realtor was clearly intended to confirm the realtor's good faith/best efforts on the record and was not intended to replace the requirement that Dr. Fajardo, as a Seller who signed the listing agreement, be consulted and be a party to the Agreement of Sale. The Arbitrator's Award dated September 17, 2007, is hereby ratified and affirmed. The request to modify the Award is denied. LAJRAII J J Dale F. Sh gha Jr. Esquire Supreme Cou 19373 10 West High S et Carlisle, PA 17013 (717) 241-4311 DATE: October 1, 2007 Distribution: Geroncio C. Fajardo, M.D., Plaintiff, pro se Matthew M. Harr, Esquire, for Defendants Constance P. Brunt, Esquire Page 1 of I Haar, Matthew M. From: Geroncio C. Fajardo [geronciofajardo@yahoo.com] Sent: Tuesday, October 16, 2007 10:11 PM To: Haar, Matthew M. Subject: Re: Fajardo v. Dimoff & Jack Gaughen I do NOT concur with this. Secondly, you can no longer use my personal yahoo e-mail address for communication; I have blocked your e-mail address. You must send any communication with me via regular mail. Thank you. Geroncio C. Fajardo "Haar, Matthew M. " <MHaar@sauLcom> wrote: Dr. Fajardo - I will be filing a petition with the Court to modify the Abitrator's Award consistent with the motion for reconsideration that I filed with the arbitrator. I am required by the local rules to seek your concurrence, and by this message 1 am doing so. Thank you. Matthew M. Haar Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7508 (ph) 717-257-7581 (fax) mhaar ,)saul.com www.saul.com "Saul Ewing LLP <saul.com>" made the following annotations: NN NN NNN ----------------- NEW IRS RULES RESTRICT WRITTEN FEDERAL TAX ADVICE FROM LAWYERS AND ACCOUNTANTS. WE INCLUDE THIS STATEMENT IN ALL OUTBOUND EMAILS BECAUSE EVEN INADVERTENT VIOLATIONS MAY BE PENALIZED. NOTHING IN THIS MESSAGE IS INTENDED TO BE USED, OR MAY BE USED, TO AVOID ANY PENALTY UNDER FEDERAL TAX LAWS. THIS MESSAGE WAS NOT WRITTEN TO SUPPORT THE PROMOTION OR MARKETING OF ANY TRANSACTION. CONTACT THE SENDER IF YOU WISH TO ENGAGE US TO PROVIDE FORMAL WRITTEN ADVICE AS TO TAX ISSUES. THIS E-MAIL MAY CONTAIN PRIVILEGED, CONFIDENTIAL, COPYRIGHTED, OR OTHER LEGALLY PROTECTED INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT (EVEN IF THE E-MAIL ADDRESS ABOVE IS YOURS), YOU MAY NOT USE, COPY, OR RETRANSMIT IT. IF YOU HAVE RECEIVED THIS BY MISTAKE PLEASE NOTIFY US BY RETURN E-MAIL, THEN DELETE. THANK YOU. SAUL EWING'S WEB SITE IS WWW.SAUL.COM. NNNNNNNNNNNNNNNNNNNNNNNN 10/17/2007 CERTIFICATE OF SERVICE I hereby certify that on October 17, 2007, I served a true and correct copy of the foregoing Petition upon the following persons by first class mail, postage prepaid: Dr. Geroncio C. Fajardo 498 Lantern Wood Drive Scottdale, Georgia 30079 Plaintiff Pro Se i atthew M. aar n rv _.? " ? C ,r ?+n.f „ } t? :JOE ? .-?.? ^- ?t ? ?-? \,( ^ wry. ? ??? ? i 1 ' ;? ?` GERONCIO C. FAJARDO, Plaintiff/Respondent VS. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-661 CIVIL IN RE: DEFENDANT'S PETITION TO MODIFY THE ARBITRATOR'S AWARD OR IN THE ALTERNATIVE NOTICE OF APPEAL RULE TO SHOW CAUSE AND NOW, this day of M*?? , 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4. argument and hearing on any disputed issues of fact shall be held on Friday, November 30, 2007, at 3:00 p.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, '0? 11 ?4 KeviVA. Hess, J. ? r 7137 taw Cod LO/ZZ°l©l V ? NAl,S'N?Pd 9S :L WV ZZ 130 LOOZ GERONCIO C. FAJARDO ?Iaintiff/Respondent vs. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 07-661 CIVIL RESPONDENT'S RESPONSE TO RULE TO SHOW CAUSE WHY THE PETITIONER IS NOT ENTITLED TO THE RELIEF REQUESTED AND NOW, comes the Plaintiff/Respondent, Geroncio C. Fajardo, pro se, and files this Response to Rule To Show Cause Why The Petitioner Is Not Entitled To The Relief Requested, and in support thereof, respectfully avers the following: 1. On the 19th day of October 2007, the Honorable Judge Kevin Hess issued a rule upon the Plaintiff to show cause why the Petitioner is not entitled to the relief requested. (Exhibit 1) 2. Respondent was a co-owner and seller of the property at 409 Darla Road, Mechanicsburg, PA 17055, which was a marital property subject to equitable distribution between Respondent and Respondent's wife, Amy M. Taylor-Fajardo. 3. On the P day of August, 2006, an ORDER OF COURT was issued by Honorable Judge Hess ordering that the Respondent and his wife cooperate in listing for sale the marital home located at 409 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania. Exhibit 2 4. Although Honorable Judge Hess indicated to Dr. Taylor-Fajardo's previous Counsel, Mr. Sheldon, that the Respondent be given time to review the documents (Exhibit 3, lines 15- 20), Mr. Sheldon did not give the Respondent ample time to review the documents. The Respondent felt rushed by Dr. Taylor-Fajardo and her previous counsel in signing the listing documents right after the hearing. 5. Hence_ on the 3rd day of August, 2006, Respondent entered into a contract with George Dimoff and Jack Gaughen Realtor for the listing contract, "Exclusive Right to Sell Real Estate" located at 409 Darla Road, Mechanicsburg, Pennsylvania. Exhibit 4 . Amt Taylor-Fajardo and Geroncio C. Fajardo, as sellers of the house, signed the "Exclusive Right to Sell Real Estate" contract with George Dimoff and Jack Gaughen Realtor. 6. Respondent's wife apparently gave a first set of listing documents to the Respondent's previous counsel, Mr. Winnick. When Respondent received this set of listing documents from Mr. Winnick in the mail sometime in August 2006, Respondent noted that the listed Sellers on the first page included the Respondent's name (Exhibit 5). 7. However, the listing documents that Respondent signed on the 3rd day of August did not include the Respondent's name on the first page of the document which indicated that Petitioner prepared two different sets of listing documents. (Exhibits 4 and 5). 8. Respondent never received complete copies of the signed documents even though Respondent asked for copies from Respondent's wife and her previous counsel. 9. On September 27, 2006 (9/27/06), the Multiple Listing Service for Central Penn MLS was signed only by the Respondent's wife (Amy Taylor-Fajardo) and Petitioner (George Dimoff). Respondent did not see this document before and Respondent was not involved in signing the document as a seller of the marital property. (Exhibit 6) 10. Around the second week of November 2006, Respondent's wife called and notified Respondent that she had a "situation," i.e. the house was sold and that Respondent needed to sign the Deed because the closing was set for November 16, 2006. 2 11. Respondent did not hear anything from Petitioner from the time the Respondent signed the listing documents on August 3, 2006 up until November 21, 2006 when Petitioner asked Respondent to sign the Deed that the Petitioner sent, and that as soon as they have the signed copy of the Deed, settlement and closing on the house can occur. (Exhibit 7) 12. Respondent hired a real estate attorney to look at the real estate issues involved in this case. A title search and copy of deed noted a lawsuit on the property that the Respondent had no knowledge of re: Complaint filed January 6, 2006 to Number 2006-00111; Janet Aronson - Estate of Stephen J. Aronson vs. Amy M. Fajardo, M.D. (Exhibit 8). Apparently, this suit was related to the medical malpractice lawsuit against the Respondent's wife, Amy Taylor-Fajardo, and it must have contributed to the reason as to why the Plaintiff and the Respondent's wife were in a hurry to sell the marital property. 13. Pursuant to an agreement reached by the parties in open court, an ORDER OF COURT was entered on January 4, 2007 by the Honorable Judge J. Wesley Oler Exhibit 9), requiring the parties to execute a deed and to otherwise cooperate in the sale of the said property to Janet Hillbish. 14. Furthermore, Judge Oler stipulated that should the Respondent initiate a claim against the real estate agent or the brokerages, those claims will be resolved by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution Program. Exhibit 9 15. In addition, the ORDER OF COURT stipulated that in the event that the parties are unable to agree upon an arbitrator, meaning the Fajardos, and the realtors or the brokerages, then any of them may petition the Court for appointment of an arbitrator from that panel maintained by the Bar Association's Program. Exhibit 9 3 16. On February 2, 2007, Respondent filed a "COMPLAINT IN CLAIM AGAINST PETITIONER" in the Cumberland County Court, docketed to No. 07-661- Civil Term, naming real estate agent George Dimoff and Jack Gaughen Realtor, the brokerage with which he is associated, as Defendants. (Exhibit 10) 17. On February 27, 2007, Petitioner through his attorney filed "Petitioners' Preliminary Objections to Respondent's Complaint" and "Petitioners' Response to Rule to Show Cause." (Exhibit 11) 18. On March 9, 2007, the Honorable Judge Oler ordered and directed that "The preliminary objections filed by Petitioners to Respondent's "complaint" are dismissed." (Exhibit 12 19. The settlement on the sale of the property occurred on January 8, 2007, and the Petitioners' commission have been held in escrow since then by Constance P. Brunt, Esquire, current attorney for Respondent's wife. 20. Arbitration occurred on September 13, 2007 with Attorney Dale F. Shughart, Jr., as the Arbitrator. The Arbitrator's Award noted, among other things, that "It is the Arbitrator's conclusion that as a principal under the listing agreement, Dr. Fajardo was entitled to be kept advised, each step of the way, of the progress in the efforts to sell the property and provided the opportunity to participate equally in the decision making process." (Exhibit 13) 21. On September 27, 2007, the Petitioner through his counsel filed a Motion for Reconsideration by the Arbitrator. (Exhibit 14) 22. The Arbitrator denied the request to modify the award. The Arbitrator noted that "a review of the court proceedings quoted in the Motion for Reconsideration merely reaffirms the findings of the Arbitrator. The purpose for requiring an Affidavit from the 4 Realtor was clearly intended to confirm the realtor's good faith/best efforts on the record and was not intended to replace the requirement that Dr. Fajardo, as a Seller who signed the listing agreement, be consulted and be a party to the Agreement of Sale." (Exhibit 15) 23. On September 13, 2007, it is the Respondent's understanding that the Arbitrator, Attorney Dale F. Shughart, Jr., explicitly stated that the Arbitrator's award decision is non-appealable. Thus, Respondent is now wondering why the Petitioner's Counsel is appealing to modify the Arbitrator's decision. 24. The Petitioner's statement that "Dr. Fajardo agreed at the August 3, 2006, court hearing that he permitted the Property to be sold without his further involvement as long as the listing agent submitted an affidavit that he used his best efforts to sell the Property." is incorrect and is a misrepresentation of the Respondent's position. Page 61, lines 3-8 of the transcript of the August 3, 2006 court proceedings before the Honorable Judge Hess indicated that it is only acceptable to Dr. Fajardo [i.e., to have the house listed for sale] as long as Dr. Fajardo is satisfied the person has used their best efforts to get as much money as possible for this house. (Exhibit 16) It is obvious from the Respondent's actions and reactions that the Respondent is not satisfied that the Petitioner has used his best efforts to get as much money as possible for this house primarily because Respondent was completely left out in many steps involved in the sale of the house. 25. On December 22, 2006, Respondent's wife, Dr. Amy Taylor-Fajardo, sent Respondent an e-mail in which one of the statements read: "I cannot tell you how frustrated I am with both Sheldon and George over this whole matter." (Exhibit 17) 26. Furthermore, the December 22, 2006 e-mail from Dr. Amy Taylor-Fajardo to the Respondent stated that "In addition, George did not know himself that you [the Respondent] had to sign the deed until 2 days before the closing was to be held." (Exhibit 17) 27. As a licensed real estate agent in the Commonwealth of Pennsylvania, the Petitioner is expected to know his legal obligations as well as the legal ramifications involved in selling a house involved in divorce proceedings. 28. Petitioner completely left the Respondent out of the negotiations in selling the house, e.g. in making counteroffers. (Exhibit 18) 29. With the Petitioner's knowledge and guidance, Respondent's wife apparently entered into a standard agreement for the sale of real estate with the buyer without the Respondent's signature., i.e. Respondent was not a signatory to the Contract of Sale. (Exhibit 19) 30. Petitioner had never given the Respondent a complete copy of the Standard Agreement for the Sale of the Real Estate; Respondent was only given the first page in November 2006. (Exhibit 19) 31. Respondent saw the complete copy of the Standard Agreement for the Sale of the Real Estate for the first time when Petitioner's counsel inserted it as an attachment to his Defendant's Pre-Hearing Memorandum dated August 24, 2007 which was sent to the Arbitrator. (Exhibit 20). It was only then that the Respondent realized that the kitchen refrigerator, washer and dryer were included in the sale of the house. It was too late for the Respondent to object to this, and the Respondent felt duped. 32. Petitioner noted that at the very last page of this Standard Agreement for the Sale of the Real Estate were some questionable deleted notes at the bottom of the page which was 6 apparently signed by the Respondent's wife and witnessed by the Petitioner. (Exhibit 20, last page) 33. Respondent did not give his wife the authority to accept an offer on his behalf. 34. The Order of Court issued by Honorable Judge Hess on August 3, 2006 did not give the Respondent's wife the full and sole authority to accept an offer on the Respondent's behalf. (Exhibit 2 3 5. Petitioner should have known that the standard agreement for the sale of real estate entered into by the Respondent's wife without the Respondent's signature was null and void. (Exhibit 20) 36. Petitioner left the Respondent completely out of the transactions but had been communicating with Mr. Sheldon, lawyer for the Respondent's wife. (Exhibits 21, 22, and 23) Petitioner did not provide the Respondent a copy of the notarized letter in a timely manner at the same time that he sent it to Mr. Sheldon. 37. Respondent received a copy of the above-mentioned notarized letter in November 2006 from a Settlement Officer only as a result of the letter that the Respondent wrote to the Settlement Officer. 38. Petitioner failed to contact Respondent regularly to report the selling progress of the house (Exhibit 24) - Jack Gaughen Realtor ERA Member Broker Commitment to Service) 39. Petitioner failed to keep the consumer, i.e. the Plantiff, informed about the transaction and the tasks to be completed, a duty that the real estate services owed the Respondent. (Exhibit 25) 7 40. Petitioner is in violation of the contract entered into with the Respondent. The Arbitrator's Award noted on page 3, statement #14, that "By marketing and selling the property without consultation with Dr. Fajardo, Jack Gaughen breached its contractual obligations to one of its principals, Dr. Fajardo." (Exhibit 13) 41. Petitioner completely ignored the Respondent's rights in selling the house, and it is the Respondent's position that Petitioner is not even entitled to his commission at all for breach of contract. WHEREFORE, Respondent respectfully requests This Honorable Court to find the Petitioner not entitled to the relief requested or that the Petitioner's requested relief should not be granted. Respectfully Submitted, Oroncio C. Fajar ro se 498 Lantern Wood Drive Scottdale, GA 30079 (404) 297-1607 DATE: November 1, 2007 Distribution: Matthew M. Haar, Esquire 2 North Second Street, 7"' Floor Harrisburg, PA 17101-1619 file 8 GERONCIO C. FAJARDO Plaintiff/Respondent vs. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 07-661 CIVIL CERTIFICATE OF SERVICE I, Geroncio C. Fajardo, hereby certify that I served a true and correct copy of the foregoing Petition via United States mail, first-class postage to the following: Matthew M. Haar, Esquire 2 North Second Street, 7 Floor Harrisburg, PA 17101-1619 DATE: November 6, 2007 Scottdale, GA 30079 (404) 297-1607 GERONCIO C. FAJARDO, P laint i ff/Respondent vs. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-661 CIVIL . IN RE: DEFENDANT'S PETITION TO MODIFY THE ARBITRATOR'S AWARD OR IN THE ALTERNATIVE NOTICE OF APPEAL RULE TO SHOW CAUSE AND NOW, this rg, day of 009-4.. , 2007, upon consideration of the foregoing petition, it is hereby ordered and decreed as follows: 1. A rule is issued upon the plaintiff to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; 4, argument and hearing on any disputed issues of fact shall be held on Friday, November 30, 2007, at 3:00 p.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, PA; and 5. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE COURT, 1914 Kevin' . Hess, J. TRUE GOPY Ffjo y4 REi SRI n Tes*?ony ?, ! toe unto se / and the seal said Cotes at Cas . Pa. C?ig nON afGiC31t2i3Fi-f- /'f,jp`+ytinytn7r....s.. 1 AMY M. TAYLOR FA.JARDO, Plaintiff I Petitioner V GERONCIO C_ FAJARDO, Defendant/Respondent IN THE COURT OF - COMKON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05--6693 CIVIL TERM IN RE-- RETITIONERTS EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT Iv AND NOW,- this 3rd day of A.ugustr 2006, after hearing, it is ordered and directed that the parties cooperate in listing for sale the marital home located at 409 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania, for the sale price of $399, 900.00.. In the event that the home is sold for a . lesser sum, the listing agent to execute an affidavit to the effect that he or she has used his or her best efforts to sell the house for $399,900_00, but was unable to do so despite said best efforts- It is further ordered and directed that any proceeds from the sale of said real estate shall be escrowed in an interest bearing account held by the plaintiff=s attorney, with no withdrawals to be made therefrom absent further order of court or an agreement of the parties. - It is further ordered -and directed- that, the defendant deliver to the plaintiff within ten days, either in person or some other safe method, the laptop computer which was-the subject of these proceedings for the purpose of allowing her to download her personal information, with the understanding that she shall accomplish same and return the computer in no less than ten days of her receipt of , said, -.laptop . - a n CIO. 05-6693 CIVIL TERN! By the Court, J. Michael Sheldon, Esquire For the Plaint iff/Petitioner - Geroncio C- Fajardo, P-to. se Defendant/Respondent bg _ ,Kevin Hess, J. IW9 COPY FRf±I%A- . Q 1-:CfMD .:?a -._t my hare! Scaf 0- F 15 r . ft A% 0%^ t . w1YIY+?YY-A i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 order, I assume you will be executing the documents. MR. FAJARDO: Your Honor, as long as you think it is fair and just and it is okay. THE COURT: I do. I do. I have taken steps to, number one, assure that it is going to be sold at the best price. I do not believe that it is in the best w interests of either of you to continue to possess this albatross, which is going to drain both of you financially. Your interests will be protected in escrowing the amount. And hopefully there will be some proceeds. And we will keep it and protect it so that your interests and her interests are protected. In the meantime I think you have everything to gain and nothing to lose by selling this huge house. MR. FAJARDO: What are the documents? THE COURT: These are listing documents that the realtor will require you to sign. And he will want time to read them, and I am sure you will ?give yit to him. Mr. Sheldon MR. SHELDON: Certainly. THE COURT: Thank you. (End of proceedings) 65 72 Rnver. 1. 2. have a Misting Contract 4111'>. i .. PROPERTY LISTED PRICE "' = { Address 4oa 4 Municipality (city, borough, townshi) C €-1 A iv :.c s 13 c3l2,5? ,x 0 CA IL j* W School District ?? ? C !?( .? hrtts t•` County aU V Zoning RE S, to n: Tr m L_ Present Use ? = S t Q 7-1 4 c Identification (Tax ID #• Parcel #- Lot, Bloc Deed Boo Page Recording Date) 1-7 2. 0 - 37e STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM") A. No Association of REALTORS* has set or recommended the term of this contract. By law, the length or term of tract may not exceed one year Broker and Seller have discussed and agreed upon the length or term of this Contra B. Starting Date: This Contract starts when signed by Broker and Seller, unless otherwise stated here: C. Ending Date: This Contract ends on x: - i - o "1 4 -t' 3. DUAL AGENCY Seller agrees that Broker may also represent the buyer(s) of the Property. The Broker is a DUAL AGENT when representing-both Seller and the buyer in the sale of a property. 4. DESIGNATED AGENCY "? Not Applicable Applicable. -Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identified above) is the Designated Agent, who will act exclusivety as the Seller Agent. If Property is introduced to the buyer by a licensee in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also ? the Buyer's Agent, then Licensee is a DUAL AGENT. 5. BROKER'S FLE No Association of REALTORSOtl6s set or recommended the Broker's Fee. Broker and Seller have negotiated a the fee that Seller will pay Broker. Broker's Fee is kX? % of the sales price AND S / &44tA , paid by Seller. 5. COOPERATION W1rM OTHER BROKERS E Licensee has explained Broker's company policies about cooperating with, other brokers. Broker and Seller agree that Broker will pay a from Broker's Fee a fee to another broker who-procures the buyer, is a membe!?f&Afultiple Listing Service (NILS), and who: 76 A. represents Seller (SUBAGENT). Broker will pay /f 4 oflfrom the sale price. B. tk represents the buyer (BUYER'S AGENT). Broker will pay f,' oflfrom the sale price. } A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buyer. C. - = does not-represent either Seller of ° uyer (TRANSACTION LICENSEE)- Broker will pay !t7 of/from the sale price. 7. PAYMENT OF BROKER'S lW.F. ' A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this Contract by Broker, Broker's salespersons; Seller, or by any other person or broker, at the listed price or any price accept- able to Seller. B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Setter. A willing buyer s is one who will pay the listed price or more for the Property, or one'yiho has submitted an offer accepted by Seller. C. Seiler will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. D. Seller will pay Broker's Fee for a sale qfter the Ending Date of this Contract IF: (I)' The sale occurs within of the Ending Date, AND (2)' The buyer was shown or negotiated to buy the Piloperty during the term of this contract, AND .(3) The Property is not listed under an "exclusive right to sell contract?" with another broker at the time of the sale. E. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of fail- ing to do all th things required of the buyer in the agreement of sale (buyer default), Seller will pay Broker ° I of/from buyer's deposit monies, OR the Broker's Fee in Paragraph 5, whichever is less. F. If the Property or any part of it is taken by any government for public use (Eminent Domain), Setter will pay Broker's Fee from any money paid by the government. G. If a sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer oftitle or interest- If the Property is transferred by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. XLS Page I of 4 Perot ftWaara ASsockffiM of COPYRIGHT PENNSYLVANIA ASSOCIA77ON OF REALTORS& 20®3 [W30". REALTORSO IM6 VW VAM 1W Reg Esbiv* I* PeWwAmft Excwsm RIGHT TO SELL REAL ESTATE This form rccommendal wd approval for, but rat rimed to use by, the mzmbem of the Pennsylvania Assa iation of REALTOPSO (PAR). ANY CHANGES TO THIS PAGE MUST BE MADE AND RM IALED ON EACH COPY ss & DUTIES OF BROKER AND SELLER 57 A. Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with poten 56 tial buyers. Broker will use reasonable efforts to find a buyer for the Property- 59 M Seller will cooperate with Broker and assist in the sale of the Property as asked by Broker. so C. All showings, negotiations and discussions about the sale of the Property will be done by Broker on Seller's behalf. All writ u1 ten or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred tc 62 Broker- s1 D. If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leas we oral, Seiler will provide a written summary of the terms, including ammo nt of rent ending date, and Tenant's respon- se sibilities. 66 E. Seller will not enter into or renew any leases during the term of this Contract without first giving notice to Broker. se 9. BROKER'S SERVICE TO P-1 R fig Broker may provide services to a buyer for which Broker may accent a fee. Such services may include, but are not limited to: TO deed/document preparation; ordering certifications required for closing; financial services; title transfer and prcpardtion servic- 71 es- ordering insurance rt-pair car inspection servi--es. Broker. will disclose to ,Seller if as.ti icc;, are-- iii he ;paid by r 10. BROKER NOT RESPONSTRIX FOR DAMAGES ,s Seller agrees that Broker and Broker's salespersons are not responsible for any damage to the Property or any loss or theft of per-- 76 sonal good fi%orn the l'rO erty unl:,ss such damage, loss or `tiicift udirec ly .:i}}L'sse i by Bfukti of Brokers salespersons. W, 7a 11. DEPOSIT MONEY 79 A. Broker, or any person Seller and the buyer name in the agreement of sale, will keep all deposit monies paid by or for the so buyer in an escrow account until the sale is completed or the agreement of sale is terminated. If held by Broker, this escrow 81 account will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit 82 monies may wait to deposit any encashed check that is received as deposit money until Seller has accepted an offer. 83 B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attor- $a neys' fees and costs. » W 12. OTHER PROPERTIES 87 Seller agrees that Broker may list other properties for sale and that Broker may show other properties to prospective buyers. as as 13. CONFLICT OF INTEREST go A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's 91 interests before any other- If Broker, Licensee, or any of Broker's salespeople has a conflict of interest, Broker will notify Seller 92 in a timely manner. 0 94 14. PUBLICATION OF SALE PRICE 95 Seller is aware that the Multiple Listing Service (MLS), newspapers, and other media may publish the final sale price of the 96 Property after settlement 47 go 15. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS 99 A. Seller (including Sellers exempt from the Real Estate Seller Disclosure law) will disclose all known material defects and/or too environmental hazards on a separate disclosure statement. A material defect is a problem or condition that, 101 (1) is a possible danger to those living on the Property, or 102 (2) has a significant, adverse effect on the value of the Property. 103 The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a struc- 10e tural element, system or subsystem is not by itself a material defect- 105 B. If Seller fails to disclose known material defects and/or environmental hazards: 106 (1) Seller will not hold Broker or Licensee responsible in any way; 107 (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; 108 (3) Seller will pay all of Broker's and Licensee's costs that result- 'Ibis includes attorneys' fees and court-ordered payments 109 or settlements (money Broker or Licensee pays to end a lawsuit or claim). XIS Page 2 of 4 ANY CHANGES TO THIS PAGE MUST BE MADE AND 114MAI" ON EACH COPY 16. I>P'-PRO MMIrY'WAS BUILT BEFORE 1978 The Residential Lead43ased Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer an EPA pamphlet tided Protect Your Fancily Prom Lead w Your Home. The seller also must tell the buyer and the broker what the seller knows about lead4msed paint and lead4xtwd paint hazards that are in or on the property being sold Seller must tell the buyer bow the seller knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead based paint hazards are, the condition of the-painted surface, and any other information seller knows about lead-based. paint and lead-based paint hazards on the property. Any seller of a pra4978 structure must also give the buyer any records and reports that the seller has or can get about lead-based paint or lead based paint hazards in or around the property being sold, the common areas, or other dwellings in multi family housing. According to the Ant, a seller must give a buyer 10 days (unless sell- er and the buyer agree to a different period of time) from the time an agreement of sale is signed to have a "risk assessment" or inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the seller in writing of the choice. The Act does not require the seller to inspect for lead pmt hazards or to correct lead paint haz- ards on the property . The Act does not apply to housing built in 1978 or later. 17. RECOVERY FUND Pennsylvania has a Real Estate: Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judg- ment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so: For complete details about the Fund, call (717) 7833658, or (800) 822-2113 (within Pennsylvania) and (717) 7834854 (outside Pennsylvania). 131 18. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA r32 Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS 133 CREED, SE.X, DISABILITY (physical or mental), FAQ IAT- STATUS (children under 18 years of age), AGE (40 or older), 134 NATIONAL ORIGIN, USE OR HANDLINGMAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELA- 136 TIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, 136 show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 19. ADDITIONAL OFFERS Unless prohibited by Seller, if Broker is asked by a buyer or cooperating broker about the existence of other offers on the Property, Broker will reveal the existence of other offers and whether they were obtained by the Licensee identified in this Contract, by another Licensee working with Broker, or by a cooperating Broker. ONCE SELLER ENTERS INTO AN AGREE RENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFM9_ 24. TRANSFER OF THIS CONTRACT - A_ Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: (1) Broker stops doing business, OR (2) Broker forms a new real estate business, OR (3) Broker joins his business with another. Seller agrees that Broker may trander.this Contract to another broken Broker will notify Seller immediately in writing when a transfer occurs or Broker will lose the right to transfer this Contract_ Seller will follow all requirements of this Contract with the new broker B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all own- ers will follow the requirements of this Contract 21. NO OTHER CONTRACTS Seller will not enter into another listing contract with another broker that begins before the Ending Date of this Contract 22. ENTIRE CONTRACT This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part of this Contract 23. CHANGES TO THLS CONTRACT All changes to this Contract must be in writing and signed by Broker and Seller. 24. SPECIAL INSTRUCTIONS The Office ofthe Attorney General has not pre-approved any special conditions or additional tenons added by any parties. Any spe- cial conditions or additional terms in this Contract must comply with the Pennsylvania Plain Language Consumer Contract Act XIS Page 3 of 4 -25, MARKETING OF PROPERTY A Where permitted; Broker, at Broker's.option, may use,: -F©r sale sign- Icl sign. 0-Key in office. L'Lvck box Print / lepronic advertising, including photographs NcPmperty address in print/electronic advertising. B. Broker C will /? will not use a Multiple Listing Service (ML.S)- to advertise the Property to other meal estate brokers and .salespersons. Seller agrees that Broker Licensee, and the MLS. are. not responsible- for mistakes in the NILS and/or advertising of the Property. 2G., nmmS INCLUDED/No T. PibmuDED IN THE PRICE OF THE PROPERTY '. , - !NCIaU13ED in the sale A= all: existing items piermanently installed in-the Property, heIc of-Lens,-including plruubr?g? heating; lighting fixtures (in?cfud rtg rhanclieliexs aiad:cei)ing fans); water_trea#nierit systems;: poor and spa eqc pment; 6 rage dooropeners and transmitters; television antennas; unpotted shmbbery, plantings, and trees; any remaining beating and coolaing fuels stored on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window screens; storm windows and screen/storm -doors; window covering hardware, shades and blinds- built.-.in air conditioners, built-in appli- ances; and the range/oven, unless otherwise stated. ALSO included: "9 B. LEASED items (not owned by seller): ADDITIONAL- INFORMATION (OMONAL) TITLE & POSSESSION 3ETTLE eA1,? A. Seller will give possession of Property to a buyer at settlement, or on B. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements: (2) Other: C. Seller has: ? Mortgage with: Amount, of balance S Address: Phone: - -- Acct. # ? Equity Loan with Amount of balance $ Address: Phone: Acct ? Seller authorities Broker to receive mortgage payoff and/or equity 'payoff information -from lender(s). loan D. Seller has: ? Judgments ? Municipal Assessment 0 Past Due Taxes -0 flier: $ $ $ S E. If Seiler, at arty time on or since January 1, 1998, has been obligated to pay support under an order on record in any-Pennsylvania county, list the county acid the-Doiriestic=Relationa Niirfit*-or Docket 14umbtir:` TAXES, UTILITIES, & ASSOC"TATION FEES` A. At settlement, Seller will .pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here:, B. Real Estate Property Tax Assessment $ Yearly Taxes $ Wage/Income Tax $ Pee Capita Tax $ ' C. Estimated Utilities"(trash, water, sewer; electric, gas; oil, etc.): D. Association Fees $ Include: - -- jBUXFA FINANCING' Sell .. i l accept the followimg arrangements for buyer to pay for the Property: fi 17" ConvdntkkmI mortgage ? FHA mortgage ? VA mortgage 0 Seller's help to buyer (d any): Seller has read the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. Selitr gives permission for Broker to send luformstiou about this transaction to the fax number(s) and/or e-mail address(es) Usted below. Seiler has read the entire Contract before signing. All Sellers must sign this Contract Return by facsimile (FAX) constitutes acceptance of this Contract. NOTICE BEFORE SIGNING: IF SELLER HAS LEGAL Zfu* ESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. IQ A SELLER'S MAILING ADDRESS: 4,01 HONE: 7 'FAX: E-MAIL: P SELLER A; J DATE SELLER DATE Fr C!` - # r BROKER (Company Name) XL'SPa e4of4 LISTING CONTRACT XLS EXC.I IMVE RIGHT To SELL REAL ESTATE This corm mmmmemied and awed lbt? bw not sestricied to use by. the mammas ofthe Permsybiamb Aswcbdion of REALTORS* (PAIL)_ )K>aR (CoMpany) ? 41 ENSEE(S) Cn?_ 3i .LER?3nr s Seller have a listing Contract with es, explain. PROPERTY LISTED PRICE S Address 14001 Q.) Municipality (city, borough, township) W*Aftt s County nAA - Y) - S I District trF Zoning = s (. a.• t -:. Present Use- , --0g r Identification (Tax m *, Parcel *, tot, -Bock, Deed Book, Page, Recording Date) 172 Yo 77r 05 3 7-' STARTING & FNDMG DATES OF IJ5MG CONTRAS:'I' {ALSO CALLED "TK A. No Association of REAL'TORSO has set or recommended the term of this Cflut=t. By Iaw, the length or term of tract may not exceed one year. Broker and Seller have dismissed and agreed rrpoa the length or term of this Contras B. Starting Bate: This Contract starts when signed by Broker and Sslkir, unless otherwise stated here: C. Ending Date: This Contract ends on DUAL A 6TACY Seller agrees that Broker may also r ent the buyer(s) of the Prop" The Bracer is a DUAL A representing both Seller and the burr in the sale of a property_ DESIGNATED AGENCY ? Not Applicable `"+ Applicable. Broker may designate hcernsees to regresent the sepa -ale, irdav*ts of Seller and the buyer. Licensee (identified above) is the Designated Agents who will act exclusively as the Seller Agent- If Frey is infto?d to the buyer by a licensee in the Company who is not rig the bayed then dud licensee is ar ized to mark on behalf of Seller. If Licensee is also the Buyer's Agent, then Licensee is a DUAL AGENT. BROKER'S FEE No Association of ItEALTOt has set or recommended the Broker's Fee. Broker and Seller have negahated the fee that Seiler will pay Broker. Broker's Fee is ?5 % of the sales price AND $ paid by Seller: COOPERATION VirM UTBER BROJUM Licensee has explained Broker's c mnpany polio abom cooperating with other brokers. Broker and Seller agree that Broker will pay from Broker's Fee a fee to a n dther broker who procures dw buyer, is a member of a Multiple Listing Service (MLSk and who. A.. LA"repnesents Seller (SU BA. ..Broker will pay oflfrorn the sale price. B. Of represents the bar (BUYER'S AGENT). Broker will pay ol7from the sale price. A Buyer's Agent; even if cow by Broker for Seger, will represent the interests of the buyer. G. COY does not represent efither ,Seiler or a buyer Cf'RAMAC1`MN YJCMSEE). Broker will pay ofl'f-om the sale price. PAYMENT OF BROKER'S FEE A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is" sold or ex&anged during the term of this Conuv.ct by Broker, Br lwx's salespersons, Seger, or by any other person or broker, at the listed price or any price accept- able to Seller- B. Seiler will pay Broker's Fee ifa ready, wiilirig, and able buyer is found by Broker or by anyone, including Seller. A willing buyer is one who will pay the listed price or moue for the Property, or one who has submitted an offer hid by Seller. C. Seiler u-i11 pay Broker's Fee ifnegotiatiom that are pending at the Ending Date of this Contract result in a sate. D. Seller will pay Broker's Fee for a sale that: occurs'afier the Ending Date of this Contract IF: (1) The sale occurs witbin 9b " D of the Ending Dafe> AND () 14<. b kyer was shown or ne_gotia cd io buy lb-. PT &ly during they team of this cmtr-&--t AND t ! _? 444) '.3rCtx:r?;-}t/ t4`a t!Y}3 l} ?_fi under an "Pactusive nbt to Se' li ?? act- with anO-EyaY broker at the time of the e- ' a' a u=. er si s an agreement of sate cheat refuses to buy the Propedy, or if a buyer is unable to buy the Property because of fait- i- to do ati the thing-s r"uired of the buyer in the n greement of sale buyer default), Seller will pay Broker . ? is v.; l.wT?: ..r?? ,.r,.:#. ?'?,.: .>I ?:: "'- _..a ?:.-. '3I?lS=.CS :? ?:"..?_ : ?Y.?_"1. 5? _ _ ___._ _._..._i i? ??"C, t . i the or s ;gar! fit is #u ; ? t any government term 011-C aria- Ii=Jarman m ultil. Seiler will pray broker's its e bier. ?-111- 1:3tf cV D alkl 3)V i zR - r . -glue f ^( I? p'-'nke -,-s 'i11 he ba;d uruin defi : en, of the dleed cr other 'evidenf of trar,;fer of title or interest. if the Property is iran fen i by an installment CInfract, Broker's pee will lie paid E ror, the exccnmon of the in^ iment connmet. XLS Page 1 of R?a?A ti Broker? ? Yes I5VNa Prenn v is Ass cintien f`bYY} IGHT PF'%C :c;'t VAr44A ASSX)CIATION OF REA LTORN-k' 200 i? I_it: R ANY CRANGES TO THIS PAGE MUST REMADE AND INITIALED ON EACH COPY W & DUTIES OF BROKER AND SELLER A- Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with pow tial buyers. Broker will use reasonable efforts to find a buyer for the Property 59 B. Seiler will cooperate with Broker and assist in the sale of the Property as asked by Broker. ;a C_ All showings, negotiations and discussions about the sale of the Property will be done by Broker on Seller's behalf. AD wr Di ten or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred e2 Broker- s= 13. If the Property or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leas s4 are oral, Seller will provide a wFittea3 sunxnmy of the terms, including arnount of rent, ending date, and Tenant's respo 65 sibilities. 68 L_ Seller will not enter into or renew any leases during the term of this Contract without first giving notice to Broker. 4a 9. BROKER'S SERVICE TO BUYER 69 Broker may provide services to a buyer for which Broker may wept a fee- Such services may include, but are not limited t -M deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation servi ' es; ordering insurance, canstructiorx, repair, or inspectidn services. Broker will disclose to Seller if any fees are to be paid I Buver. .s 74 10. BROKER NOT RESPONSIBLE FOR DAMAGES :s Seller agrees that Broker and Brokm's salespersons are not responsible -for any damage to the Property or any loss or theft ofpe fr sonal goods from the Property unless such damage, toss or theft is directly caused by Broker or Broker's salespersons. ra I1_ DEPOSIT MONEY {= A. Broker, or any person Seller and the buyer name in the agreement of sale, will keep all deposit monies paid by or for d a buyer in an escrow account until the sale is completed or the agreement of sale is to minau L if held by Broker, this escro a accocwt will be held as required by real estate licensing taws and regulations. Seller agrees that the person keeping the depos $2 monies may gait to deposit any uncashed check that is received as deposit money until Seller has accepted an offer: V. B_ If Seller joins Broker or Licensee in a lawsuit for the return of deposit armies, Seller will pay Broker's and Licensee's attoi 84 neys' tees and costs. ZZ 12. OTHER PROPERTIES 87 Seller agrees that Broker may list other properties for sale and that Broker may show other properties to prospective buyers. F_ ae 13. CONFLICT OF INTEREST 9D A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller' Ae interests before any other- If Broker, Licensee, or any of Broker's salespeople has a conflict of ingest, Broker will notify Sellt Si in a tnnetv manner ?s s 14. PUBLICATION OF SALE PRICE a? Seller is aware that the Multiple Listing Service (MLS), newspapers, and other media may publish the final sale price of tb I Vrope:rty atfer settlement. ?. s IS. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS 9J A- Seller (including Sellers exempt fium the Real Estate Seller Disclosure Law) will disclose all known material defects and/0 eon environmental hazards on a separate disclosure statement. A material defect is a problem or condition that to; (1) is a possible danger to those living on the Property, or too (2) has a significant, adverse effect on the value of the Property. 10 The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of sucb a strut W4 turat element, system or subsystem is not by itself a material dclecL tae B_ If Seller fails to disclose known material detects andfor ernvlronmen:W hazards: 1115 (1) Seller will not hold Broker or Licensee responsible in any way; M7 (2) Seller will protect Broker and Licensee from any claims, lawsuits; and actions that result; tae (3) Seller will pay all of Broker's and Licensee's costs that result- This includes attorneys' fees and court-ordered payment: 101= or settlements (money Broker or Licensee pays to end a lawsuit or claim). XLS Page 2 of 4 ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 1tt1 16. IF PROPERTY WAS BU LT BEFORE 1978 111 The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 mast give the buye 112 an EPA pamphlet titled Protect Your Fawg r Fnwn Lead in Yosrr Homes The seller also nuM tell the buyer and the broker whe w the seller knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seiler must tel the buyer how the setter knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based pain 115 and lead-based paint hazards are, the condition of the painted surfaces, and any other informatiort seller knows about lead-baser 116 paint and lead-based paint hazards on the property. Any seller of a pre-1978 structure must also give the buyer any records ant 117 reports that the seller has or can get about .lead-based paint or lead-based paint hazards in or around the property being sold, tht 110 common areas, or outer dweltislgs in multi family bousing. According to the Act; a seller must give a buyer 10 days (unless sell 119 er and the buyer agree to a different period of time) from the time an agreement of sate is sighed to have a "risk assessment" o, 120 inspection for possible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment o1 221 inspection for lead paint h=ards done. If the buyer chooses not td have the assessment or inspection, the buyer must inform the 1t2 seller in writing of the choice. The Act does not require the seller to inspect for lead paint hazards or to correct lead paint haz` 123 arils on the property. The Act does not apply to housing built in 1978 or later. I14 12s 17. RECOVERY FUND _ 126 Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court reeling (civil judg- :27 merit) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The i2a Fund repays persons who have nest been able to collect the judgment after trying all lawful ways to do so. For complete details stn about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania)-and (717) 783-4854 (outside Pennsylvania). 130 414141 I& NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA r Federal and state laws make it illegal for a seller; a broker, or anyone to use RACK COLOR, RELIGION or RELIGIOUS 1 +; CREED, SEX, DISABILITY (physical or rrumul), FAMILIAL STATUS (children under IS years of age), AGE (40 or older), _3d NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPOR'T' OR GUIDE ANTMALS, or the FACT OF RELA- 135 TIONS141P-UR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, .36 show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 1 19. ADDITIONAL COFFERS 7::4 If asked by a buyer or cooperating broker, Broker will reveal the existence of offers on the Property, unless prohibited by Seller. =rib ONCE SELLER ENTERS INTO ANT AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER 1=.1 OFFERS. 14., 20. TRANSFER OF THIS CONTRACT 144 A_ Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: 05 (1) Broker stops doing business, OR 1413 (2) Broker forms a new real estate business, OR ,47 (3) Broker joins his business with another. t4. Seller as ees that Broker may transferr this Contract to another basket. Broker will notify Seller immediately in writing when 149 a transfer occurs or Broker will lose the sight to transfer this Contract- Seiler will follow all requirements of this Contract 150 with the new broker- 151 B_ Should Seiler give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all own- ;a ers will follow the requirements of this Contract_ 1a? :ss 21. NO OTHER CONTRACTS 1341 Seller will not enter into another listing contract with another broker that begins before the Ending Date of this Contract. 156 ,s7 22. ENTIRE CONTRACT 158 "i'Ms Contract is the entire agreement between Broker and Seller Any verbal or written agreements that were made before are 159 not a part of this Contract- 23. CHANGES TO THIS CONTRACT 162 All changes to this Contract must be in writing and signed by Broker and Seller- -14. SPECIAL INSTRUCTIONS ?«- The Office of the Atiorncy General has not pre-approved any special conditions or additional terms added by any parties- Any 166 special conditions or additional terms in this Contract must comply with the Pennsylvania Plain Lasia age Consumer Contmct. 1r: :Icy XLS Page 3 of 4 25. AI,APXETING OF PROPERTY A. Where Permitted, Broker, at Broker's option, may rise: Of For sale sigh J6 Sold sign D Key in office 19 Lock box 19 Print /electronic advertising, including photographs VEProperty address in priat(eleetronic advertising.. B. Broker 99 will /C7 --ill not use a Multiple Listing Service (MLS) to advertise the Property to other real estate brokers salespemons. Seller agrees that Broker, Licensee, and the MLS are riot responsible for mistakes in the MLS and/or advertising of the Property. 26. ITEMS INCLUDEDINOT INCLUDED IN THE PRICE OF THE PROPERTY - A. included in the sale and purchase price are all existing items permanently installed in the Property, free of liens, including plu; ing; heating; lighting fixtures (including chandeliers and ceding fans): water treatment systems; pool and spry equipment; gar door openers and twitters, television antennas, shrubbery, plantings, and unpotted trees; any remaining heating and coot fuels stored on the Property at the time of settlement; wal I to wall carpeting; window coveting hardware, shades, and blinds; bi in air conditioners; built-in appliances, and the range/oven, unless otherwise stated- Also included: B. The following items am NOT included in the purchase and price of the Property. ;mss C. items leased 6y the Seller: r ,ss 1i<tJ ?sf rr?. s Asa IsS i35 ?3a 2C? ??3 ?i 2M 2s ZO5 ADDITIONAL INFORMATION (OPTIONAL) TITLE & POSSESSION A. Seller will give possession of Property to a buyer at,settiement, or on ?a5s " ?• B. At settlement, Seller will give full rights of ammership (fee simple) to a buy-er except as follows: (1) Mineral Rights Agreements: (2) Other. C. Seller has: Q Mortgage u--ith: Amount of balance S Address: phone: Acct. #: 0 Equity Loan -,viih: Amount of balance S Address: Phone: Acct. 0 Seller authorizes Broker to receive mortgagr- payoff and/or equity bran payoff information from lender(s). D_ Seller has: Cl Judgments Q Murricipal Assessment 0 Past Due Taxes 0 Other: S S S $ E. If Seller, at anytime on or since January 1, 19991 has been obligated to pay support under an order on record in any Pennsyly,, county, list the county and the Domestic Relations dumber or Docket Number_ TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay cone-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B. Real Estate Property Tax Assessment S Miage/Income Tax S C. Estimated Utilities {trash, water, sewer, electric, gas, oils etc.): Yearly Taxes S _ Per Capita. Tax S m; a? _-f n D_ Association Fees S Include: RU?FIP?IANCING Seller iuill accept the following arrangements for buyer to pay for the Property. ash Conventional mortgage 0 FHA mortgage 0 Seller's help to buyer (if any): © VA mortgage 211 Seller has read the Consumer Notice as adapted by the State Real Estate Commission at 49 Pa, Code §35336. 242 Seller gives perranission for Broker to send information about this transaction to the fax nutuber(s) and/or e-mail address(es) listed bet '-t? Seller has read the entire Contract before signing. All Sellers mast sign this Contract- -2 + Retarn by facsimile (FAX) constitetes acceptance of this Contract- -s? NOTICE BEFORE SIGtIVNG: IF SELLER HAS LEGAL QUI STItlNS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. fns SELL-ER'S irvIAILLN+G ADDRESS: ,;7 Y" t-s l%0 PA n -•4 PHONE: C? - ? ?I FAX. E-?4JAIL_ ass SELLER BATE 22.? SELLER -- - -- DATE BROKER (Company Name) '• t ?€-? *+? : n ACCEPTED BY DATE r LS Page 4 of 4 Multiple Listing Service For A Central Penn MLS Status Change Request 111L "ALL FIELDS OWARKED WMI AN ASTER159 (7 MUST BE FIIAXD IN.— `lNLS#: AddressS.69 t6) -(2) A? L (20) (4) St- Dir. Street Name St. Type •fucrcat [)atc:. ??1-?tL _ Ci}: ?''? 44kit(Is 8(J (15) State: / J4(2) Zip Cocle: List Date: Listing Off (6) Li ng Agent: -t ? (a) Office Phone: Oa Change List Price: 'New List Price- ? V ?. [ 00 4) New txpiralion Date- ?j _/ {]ti) r ? Extend: `New Expiration Date: STATUS CIIANGFS: [) 10. Active (Itack core Market): `New Expiralion Date: (10) New List Price: (g) ? 30. pending (Under Contract): 'Contract Pate: *Sale Office Code: (6) *Sale Office Agent: L-1 211 Sold (Settled): /? The following information must be completed for Sold listings. If the fisting is not currently in the system, complete and attach tike rel data form. (Listing claWshould be date property was first placed on market for sale.) *ICinance Code: *c0sitract Date: *Closing Date (Sold)., ? Conventioiurl ? T-1 IA ? 1 'Sotdprice: _ (9) ? Assumption ? VA ? Sales Agreement 'Setting Office Crxic: _ _ (6) *Setting Office Agent: (8) ? Cash ? ARM ? Other `Closing Costs (tail by setter. S • Repairs paid by seller. $ y ? S0. Willtdra+vn: 'Off Market Vale: _ ---j. f PUBLIC VIEW REMARKS (360 Characters Only) Sellers Signature: Dale: Setter s Signature: _. _ Date= _ Agent's Signature: __?W Date -- 02 Q __r - •??*. - - ' • i. :r • ..r'^r•:.'..? w w`s•_?_.?'.- ? "mow. - y - _ .i'. - •.. x _ • •;} Cti : „ .. _ ? !*"''. 'i .. s t. fr?as •?r.y,ti t ?y?a `5 . ?.? ft. o -bw2l,2006 t • Dr. Getonaao a F'aJM& 498 La nteara Wood Dr. Scot6dalc, CIA 30079. Dear Dr. Fa j*wd o, Baakmed is a-w" taf my'' v '.canocmmg the sole of yow home at 409 Dada Rd M csbw& PA 17051 w dkected in the taomt order and tit yeti requested. Also emlosad is the original copy -of dw deed.dat lam requeofmg that you sign in dw sigt?. host ofa. Notary. I bare enclosed ono how and where to Please return the sWed deed is ft enclosed owmight p m to my attention. As somas we horse rho 4Vwd wff of the deed,, settle t and closing on the house cm ocm. If yw bavc troy _ qnsftwor 1 twhi is pny-WUy, g eese call meet 717-51&..;-- 4!15$. _ . ? - ' • ? .. . -. ?? - - i? _ - ? . .. _ RESTRICTIONS AND EASEMEN"zz *Subject to any restrictions, conditions, reservations, easements, rights of way and/or set- back limes filed with plan recorded in Plan Book 79 page 143. *Subject to Conditions and Easements as set forth in Deed Book 261 page 40148. *Subject to Declaration of Restrictive Covenants as recorded in Mice. Books 625 page 444 and 631 page 1064. *Subject to Rights of PP&L and Bell Atlantic PA, inc., as recorded in Misc. Book 637 page :14X. *Subject to Rights of Comeast Cable TV Company, Inc., as recorded in Misc. Boole 644 page 119. *Subject to Deed of Dedication and Right of Way to Borough of MechnAlesburg as recorded in Miisc. Book 653 page 891. *Subject to Rights of PP&L'and Del[ Telephone as recorded in Misc. Books 244 page 274 and 214 page 22. *Subject to /tights of Sell Telephone as recorded in Misc. Boobs 193 page 520, 214 page 4 and 185 page 393. `fSubject to Rights of PP&L as recorded in Misc. Book 194 page 438. MISCELLANEOUS ` H LE ORMCTIONS: *Complaint in Divorce filed December 22, 2005 to Number 2005-06693; Amy M. Taytor Fajardo vs. Geronico C. Fajardo. *SITI'T ONLY: Complaint filed January 6, 2006 to Number 2006-00111; Janet Aronson - Estate of Stephen J. Aronson vs. Amy M. Fajardo, M.D. *Subject to proof of martial status of Amy M. Fajardo THE FOLLOWING ITEMS ARE EXCEPTED: 1. Public and private nights in and to the portion of the premises lying In the bed of the road. 2. Any Tax increase based on additional assessment made by reason of new construction 00 or major improvements made to premises, not yet due and payable. 3. Environmental Protection Liens filed in the United States District Court and not of record in the County Court House. 4. The accuracy of acreage content. 5. Any terms and conditions of any unrecorded agreements or leases and rights of any present occupants. 5. Any provisions of State and Local Laws, ordinances and regulations- 7. I,igbility- for any work done or requested for which a lien may be filed, 12/12/2005 03:55 7177311799 KEYSTON : PACE 02 TRZ-COUNTY ABSTRACT SERVICE CUMBERLAND COUNTY 3414 CHESTNUT STREET CAMP HILL., PA 17011 TEL: (717) 7614870 FAX: (717) 761-3830 CERTIFICATE OF INFORMAWON, based upon au examination of ft appropriate recorded evidence of the title, and the making of the appropriate searches for the public record affecting the premises described w the deed attached hereto, the hereinafmr mentioned parties are hereby subject to the following liens and encumbrances against said property. This CIMRTIFICATE IN NO WAY guarantees title, and the liability ofTri-County Abstract Service, its successors and/or assigns under the Certificate of Information, or any information zomtained lierein is strictly limited to a maximum of $2,500.00. LEGAL. INTWWRETATIOTw OF TAE ENCLOSED MI ATERI_AL IS STRICTLY THE RESPONSIBILITY OF THE APPLICANT. BUYER: JANET Z. KILLOISH PREMISES: 409 Darla Road, Lot 12, Heritage Acres, Borougb of Meebaniesburg, Plan Book 79 patte 143, Pared No. 17-24-07W37& ,assessment: 5'50,000 land; $299,414 building, $349,400 total. OWNER: AMY M. FAJARDO CHAIN: BEAVG THE SAME PREMISES which became vested in Amy M. Fajardo by virtue of deed dated February 23, 2004 and recorded February 25,2M in Cumberland County Records, Deed Book 261 page 444$. SEARCH DATE: October 17, 2006 MORTGAGE: MERS/G31+ AC Mortgage Corporation dated February 2312MM stud recorded February 25, 2004 in Mortgage Book 1854 page 4551 in the amount of 5279,750.011. GMAC Mortgage Corporation dated February 23, 2M and recorded February 25, 2004 in Mortgage Book 1854 page 4569, line of credit in the amount of S69,900.00. JUDGMENTS: None FEDERAL TAX LIENS: None DELINQUENT TAXES: None CERTIFIED THROUGH 2005 ONLY. SECURED TRANSAMONS: None (Recorder of Deeds Only) 2/12/2006 03:55 7177311799 KEYSTON KEYSTONE LAND TRANSFER, INC. 3421 MARKET STREET CAMP HILL, PA 17011 79 7-73 9-4200 - Phone 717-731-1799 Fax Email: office keystonelandtransfer. cony. ate: I o- 0: ,e: ax 0 f # of Wages: ? ram: vicIde Welker PAGE 01 q- 49a ? ham,, a- AMY M. Tr YLOR- F_ iRRDO, ±aiTit-if 7 _ GERONCTO C. FAjARlDO, Defendant TIC THE COURT OF COMMON PLEA:, OF' CUMBERLAND COUNTY, CIVIL ACTION? - LAW IN DIVORCE 05-6693 CIVIL TERN] ORDER OF COURT AND NOW, this 4th day of January, 200-1, upon vxt. ?S consideration of Plaintiff's Emergence Petition for Special Reli.e , and pursuant to an agreement reached in open court between the parties, it is ordered and directed as •Follotr-s: The parties will cooperate in all necessary respects, nc1 od nq the prompt execution of the deed to vonTpl ete the T ? z - the property at 409 Darla Road in Mechanicsburg to Janet H?fr: isP_Z: ' t pursuant to the contraLt ente_ed into by Dr- Taylor-Fajardo- a The reaators' commissions from that sale wil_]?-;-be t\? placed into escrow for a minimum of 30 days following the -; settlement to permit the parties, meaning the Fajardos, to file any claims that they may choose to against the relators or against thoF: brokerages for whom then work . }n the event that they do initiate any claim against the agents or the brokerages, those claims will be resolved by common last arbitration by an arbitrator -from the panel from the Cumber land County Par Assoc i Lion's Alternative Dispute Resol-u t-- i-on Proaiam. .D In the event that the parties are unable to agree upon an arbitrator, meaning the .Fa-ardos, and the relators or their brokerages, then any of them may petition the Court for appointment an arbi. -ratox- =rom =hat panel maintained hv the Par usso_.iation's Pror;ram. T n f.he event that- such claims are = ?' ed by =i_ ther ol- b L_h ?i the Fa ;ardos, they the. comm_ssi ons will --rem i i n In escroh: I!!i. T. C3i.I cA!i,ri + he =iI"7a1 deterininarir-n being made by the c`i 7" F du..r a t (-) 'r' - In the event that neither of the Fajardos 1 i. ].e and; claims aga-i nst the realtor s or the brokerages within 'M days I ollowi ng the date of settlement, in that event, then the e,scrow of t!e ^ommissiolls j gill he r_ el.eased to the relators- BY the COU?-i , .//Wesley 01 4r, Jr., J. Constance P. Brunt, Esquire 1820 Linq? estown Road HarFisburq, PA 37310 Fo-- the Plaint iif-F Geroncio C. Fajardo, Defendant-Pro Se 498 Lantern Wood Drive Scottdale, GA 30079 -redrew W. 3arbin, Esquire 5020 Ritter Road, Ste 109 Mechanicsburg, PA 17055 (Courtesy copy) Bradley A. Winnick, Esquire 130 RT. Church Street Dillsburg, PA 17019 f Cou rtes y copy) DcEl Geroncio C. FAJARDO IN THE COURT OF COAWON PLEAS plaintiff CUMBERLAND COUNTY. PENNSYLVANIA vs. NO. George DIMOFF, ?s Jack Gaughen Realtor : CIVIL ACTION Defendant - - I r COMPLAINT IN CLAIM AGAINST TBE DEFENDANT I, Geroncio C. Fajardo, ale this Complaint in Claim Against the.Defendant, and in support thereof; respectfiflly represents: 1. On the 3rd day of August, 2006, an ORDER OF COURT was issued by Honorable Judge Hess ordering that the Plaintiff and his wife cooperate in listing for sale the marital home loci at 409 Dacia Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. On the 3' day of August, 2006, Plaintiff and his wife, Amy Taylor-Fajardo, then entered into a contract with George Dimofffand Jam Gaughen Realtor for the listing contract, exclusive right to sell real estate located at 409 Darla Road, Mechanicsburg. Pennsylvania. 16 3. Plaintiff did not hear anything from the Defendants nor the Plaintiff s wife unt November 2006 when the Plaintiff was informed that the property was sold aD that the Plaint-iff had to sign the Deed_ 0 4. Mirth the Defendant's knowledge and guidance, Plaintiff s wife entered into a standard agreement forthe sale ofreal estate with the buyer without the Plaintiff's signature. 5. Defendant should have known that the standard agreement for the sale of real estate entered into by the Plaintiffs wife without the Plainti€Fs signature was null and void. 6_ Defendant famed to keep the consumer, i_e_ the Ply informed about the transaction and the tasks to be completed, a duty that the real estate services owed the plaintiff 7. Defendant failed to perform all of the services in the Jack Gaughen Realtor ERA Member Broker Commitment to Service- 8. On January 4, 2007, Honorable Judge Oler issued an ORDER OF COURT stipulating that should the plaintiff initiate a claim against the real estate agent or the brokerages, those claims will be resolved by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution 9_ Furthermore, the ORDER OF COURT stipulated that in the event that the parties are unable to agree upon an arbitrator, meaning the Fa}ardos, and the realtors or the brokerages, then any of them may petition the Court for appointment of an arbitrator from that panel maintained by the Bar Association's Program- 10. Defendant is. not entitled to the commission for breach of contract with the PlaiutifE Whereore, Plaintiff respectfully requests This Honorable Court resolve these claims by an arbitrator from the panel from the Cumberland County Bar Association's Alternative Dispute Resolution Program DATE: January 31, 2007 RespIy submitted, oncio C. Faj 498 Lantern Wood Dr Scoddaie, GA 30079 (444) 297-1507 SAUL EwiNG Attorneys at Law A Uela.ure LLP February 27, 2007 Via Federal Express Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Fajardo v. Dimhoff, Jack Gaughen Realtor No. 07-661 Civil Term Dear Mr. Long: Enclosed for filing in the above-captioned case are the following: Matthew M. Haar Phone: (717) 257-7508 Fax: (717) 257-7581 mhaarQsaul.com 1}?}y}}?. ?aU1. C[)n} 1. Defendants' Preliminary Objections to Plaintiff's Complaint; and 2. Defendants' Response to Rule to Show Cause. Kindly file the original of each document of record and return time-stamped copies to my office in the envelope provided for your convenience. I am also providing extra copies of the proposed Orders and self-addressed, stamped envelopes for service of the Orders upon the parties after the same are executed. Thank you for your prompt attention to this matter. If you have any questions, please feel free to contact my office. Very truly yours, Matthew M. Haar MMH/kls Enclosures cc: The Honorable Wesley J. Oler, Jr. (Wlenc.) Geronico C. Fajardo (14lenc.) 2 North Second Street, Vb Floor . Harrisburg. PA 17101-1619 . Phone. (717) 257-7500 • Fax: (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON 6999 1 '7!7107 A DELABIARE UMrrrD UABartY PARTNERSHIP GERONICO C. FAJARDO_ : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA V. : CIVIL ACTION - LAW GEORGE DIMOFF. JACK: GAUGHEN REALTOR, : Defendant : NO. 07-661 CIVIL TERM IN RE: PLAINTIFF'S "COMPLAINT IN CLAIM AGAINST DEFENDANT" and DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 9"' day of March, 2007, upon consideration of Plaintiff's "Complaint in Claim against Defendant, Defendants' Response to Rule To Show Cause, and Defendants' Preliminary Objections to Plaintiff's Complaint, and it appearing that Plaintiff is proceeding in accordance with the attached order of court dated January 4, 2007 (which was entered at the time with the consent of representatives of Jack Gaughen) to pursue common law arbitration under the Cumberland County Bar Association's Alternative Dispute Resolution Program, the procedure for which does not require the formality of a complaint filed with the court, it is ordered and directed as follows: 1. Plaintiff's "complaint" is deemed an election to make a claim against funds escrowed by Defendants in accordance with the order of court dated January 4, 2007- and to proceed with common law arbitration in accordance with the said order: 2. The parties shall make use of the referral form for such arbitration attached to this order: and The preliminary objections filed by Defendants to Plaintiff's "complaint"'are dismissed. N BY THE COUR".I'- Geron-ico C. Fajardo 498'Lantern Wood Drive Scottdale. GA 30079 Plaintiff, pro Se Matthew M. Haar, Esq. 2 North Second Street Seventh Floor Harrisbum. PA 17101 Attornev for Defendant Wesley OI - 1r., /.-// DALE F. SHUGHART, JR. ATTORNEY AT LAW 10 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241-4311 Facsimile (717) 241-4021 OF COUNSEL HAMILTON C. DAVIS September 17, 2007 LEGAL ASSISTANT BONNIE. L. COYLE Geroncio C. Fajardo Matthew M. Harr, Esquire 498 Lantern Wood Drive 2 North Second Street Scottdale, GA 30079 7th Floor Harrisburg, PA 17101-1519 RE: Fajardo v. Dimoff and Jack Gaughen Realtor Gentlemen: Please find enclosed the Arbitrator's Award entered in the above captioned common law arbitration pursuant to the Rules of the Cumberland County Bar Association Civil Dispute Resolution Program Arbitration Agreement of the parties. Very truly yqurrs; Dale F. Shugh Jr. DFS,JR/bc Enclosure c-c Constance P. Brunt, Esquire 13 GERONCIO C. FAJARDO, Plaintiff VS. GEORGE DIMOFF AND JACK GAUGHEN REALTOR, Defendant COMMON LAW ARBITRATION BY AGREEMENT OF PARTIES ARBITRATOR'S AWARD By agreement of the parties at the Hearing on September 13, 2007, the Arbitrator makes Findings of Facts, as follows: FINDINGS OF FACT: 1. Geroncio C. Fajardo (hereinafter "Dr. Fajardo") and Amy M. Taylor Fajardo (hereinafter "Dr. Taylor Fajardo"), husband and wife, listed the real property at 409 Darla Road, Mechanicsburg for sale with George Dimoff and Jack Gaughen Realtor (hereinafter "Mr. Dimoff" or "Jack Gaughen") for the selling price of $399,900 pursuant to agreement of the parties and incorporated in an order of Court dated August 3, 2006. 2. The property was titled solely in the name of Dr. Taylor Fajardo. Dr. Taylor Fajardo and Dr. Fajardo were, at the time of listing, involved in a divorce proceeding, and the real property was "marital property" under the Divorce Code. The Divorce action is still pending. Dr. Taylor Fajardo is not a party to this proceeding. 3. Mr. Dimoff used his reasonable best efforts to market and sell the property, consistent with the information provided to him by Dr. Taylor Fajardo and her previous attorney. 4. Specifically, Mr. Dimoff relied upon verbal representations from Dr. Taylor Fajardo and a written representation from her previous attorney that the Order of Court dated August 3, 2006 gave Dr. Taylor Fajardo sole authority to sell the real property. Mr. Dimoff's actions were reasonable and consistent with standard business practices. Mr. Dimoff was not provided a copy of the Order of Court. 5. The Order of Court did not provide Dr. Taylor Fajardo authority to act without the agreement of Dr. Fajardo. What was contained in the order was misrepresented to Mr. Dimoff by Dr. Taylor Fajardo and her previous attorney. b. Mr. Dimoff located a qualified buyer for a reasonable sale price. 7. Based upon the representations of Dr. Taylor Fajardo and her previous attorney, Mr. Dimoff disclosed no information to Dr. Fajardo at anytime during the marketing of the property and entry of the agreement of sale. Dr. Fajardo was advised only when Sack Gaughen was notified by the title agency representing the buyer that Dr. Fajardo's signature was required on the deed. Thereafter, on or about November 2006, Dr. Fajardo was notified of the agreement of sale and was requested to sign the deed. 8. After being notified of the sale, Dr. Fajardo refused to sign the Deed and wrote directly to Mr. Dimoff objecting to the sale without his input. 9. In November 2006 at the time scheduled for settlement, a "dry settlement" was held and the buyer was given possession of the property. Subsequently on January 4, 2007, by agreement of the parties entered in open Court Dr. Fajardo did sign the deed and settlement was completed on January 8, 2007, subject to a provision in the Order of Court allowing the parties to object to the payment of the realtor's commission and placing it in escrow. 10. Within the thirty (30) days provided Dr. Fajardo elected to make a claim to the escrowed funds by filing a "Complaint in Claim" in the Court of Common Pleas, which resulted in the appointment of the undersigned Arbitrator pursuant to an Order of Court dated March 9, 2007- 11, Dr. Taylor Fajardo did not object to payment of the realtor's commission. 12. By Stipulation of Dr. Fajardo and Dr. Taylor Fajardo the sum of $11,375 was paid by the escrow agent to Re-Max Realty Associates, the selling aqent. 13. The commission which would have been paid to Jack Gaughen, the sum of $11,425, remains in escrow. 14. By marketing and selling the property without consultation with Dr. Fajardo, Jack Gaughen breached its contractual obligations to one of its principals, Dr. Fajardo. -3- It did so, as stated above, in reasonable reliance upon the verbal representations of Dr. Taylor Fajardo and written representations of her previous attorney- 15. Although it is unlikely Dr. Fajardo's input would have resulted in a substantial increase in the sale price under the agreement negotiated without his knowledge, it cannot be ascertained with any certainty at this point in time whether or not consultations with Dr. Fajardo may have produced a contract to sell for the original list price of $399,900. It would be impossible for Dr. Fajardo to prove, at this time, what his input and efforts may have produced in terms of an ultimate sale price in excess of the $380,000 sale price agreed to by Dr. Taylor Fajardo. The doubt is reasonably resolved in favor of Dr. Fajardo. 16. If the property had sold for the original list price, the Fajardo/Taylor Fajardo "marital estate" would have been approximately $18,500 greater in net equity ($19,900 minus realtor's commission, $1,194, and realty transfer tax. $199). 17. Dr. Taylor Fajardo not objecting to payment of a full commission to Jack Gaughen, one half of the realtor's commission attributable to Mr. Dimoff's efforts on behalf of Dr. Taylor Fajardo, the sum of $5,712.50, should reasonably be paid from the escrow to Jack Gaughen. 18. The remaining balance of the commission being withheld, $5,712.50, should continue to be held in escrow pending -4- completion of equitable distribution proceedings between Dr. Fajardo and Dr. Taylor Fajardo. 19. The Arbitrator finds that whether this additional sum is owed to Jack Gaughen is a matter between Jack Gaughen and Dr. Taylor Fajardo, and between Dr. Taylor Fajardo and her previous attorney. Dr. Fajardo's equitably distributive share of the marital property should not be reduced by virtue of a potential obligation of Dr. Taylor Fajardo to pay the balance of the commission to Jack Gaughen from her share of the marital estate or separate assets. 20. Dr. Taylor Fajardo not being a party to this proceeding, whether or not she has any further obligation to Jack Gaughen is for determination in another proceeding. DISCUSSION Based upon the foregoing facts, as found by the Arbitrator, the sum of $5,712.50 is payable immediately to Jack Gaughen. The balance of the commission claimed due, $5,712.50, shall continue to be held in escrow. It is the Arbitrator's conclusion that as a principal under the listing agreement, Dr. Fajardo was entitled to be kept advised, each step of the way, of the proqress in the efforts to sell the property and provided the opportunity to participate equally in the decision making process. He was not so advised and therefore did not have input into the reduction of the list price or the entry into the agreement of sale. It is impossible to know now whether his input may reasonably have -5- resulted in a qreater sale price. Further, the completion of the dry settlement and providing possession to the "Buyer" left Dr. Fajardo in a position where his failure to cooperate when the matter came before the Court in January would have harmed not only an innocent third party but also the marital estate. Mr. Dimoff acted in a reasonable manner in relying upon the written representations of Dr. Taylor Fajardo's previous attorney. Although Dr. Taylor Fajardo was likely innocently mistaken in her understandinq of her authority, her previous attorney should certainly have known better and advised her as well as Jack Gauqhen of the correct legal situation existing under the Order of Court. The Arbitrator has no authority to enter an Award which effectuates a "Equitable Distribution" of the marital estate between Dr. Fajardo and Dr. Taylor Fajardo. Whether or not an additional realtor's commission of $5,712.50 is owed by Dr. Taylor Fajardo is an issue to be resolved between Jack Gaughen and Dr. Taylor Fajardo, and by extension, between Dr. Taylor Fajardo and her previous attorney. Since the Arbitrator's Award cannot supersede a Court Order, pendinq determination in regard to equitable distribution, the sum of $5,712.50 should remain in escrow. If equitable distribution is ultimately decided by Order of Court, without an Agreement between Dr. Fajardo and Dr. Taylor Fajardo, and if in fact Dr. Fajardo's share of the marital property is reduced by -6- any sum to pay the balance of the realtor's commission claimed due, Jack Gaughen shall be obligated to remit that sum of money to Dr. Fajardo promptly upon his written request and presentation of confirming documentation. If Dr. Taylor Fajardo and Dr. Fajardo resolve equitable distribution by agreement, it is Dr. Fajardo's responsibility to protect his rights under this Award in such agreement and the terms of such agreement shall supersede this Award. The Arbitrator cannot make a definitive final decision in regard to the rights of either Dr. Fajardo or Jack Gaughen with regard to the balance of the escrow because Dr. Taylor Fajardo was not made a party to this proceeding. Either party could have joined her. Under the circumstances this Award establishes the rights and responsibilities between Dr. Fajardo and Jack Gaughen. Dr. Fajardo does not owe Jack Gaughen a further commission, and the sum of $5,712.50 shall continue to be held in escrow pending completion of equitable distribution. This Award does not attempt to effectuate equitable distribution between Dr. Fajardo and Dr. Taylor Fajardo, nor does it prejudice the rights of Jack Gaughen to proceed with the claim for the balance of its commission from separate assets of Dr. Taylor Fajardo, or her share of the marital estate. Based upon the foregoing, the Arbitrator makes the following: -'1- AWARD The Arbitrator awards Jack Gaughen a realtor's commission of $5,712.50, to be paid immediately from the escrow to Jack Gaughen. The remaining balance in the escrow, $5,712.50, shall remain in escrow with Attorney Constance Brunt, pending completion of equitable distribution proceedings between Dr. Fajardo and Dr. Taylor Fajardo by Order of Court or agreement between them. Plaintiff Geroncio C. Fajardo is not liable to Jack Gaughen from his marital or separate assets for payment of any portion of the balance of the realtor's commission claimed due. Should an Order of Court awarding equitable distribution between Dr. Fajardo and Dr. Taylor Fajardo be entered which supersedes this Award by ordering a payment to Jack Gaughen of any portion of Dr. Fajardo's share of the marital estate, unless by agreement between Dr. Fajardo and Dr. Taylor Fajardo, Jack Gaughen shall be obligated to reimburse such sum to Dr. Fajardo promptly. The responsibility, if any, of Dr. Taylor Fajardo to Jack Gaughen for the balance of the realtor's commission claimed due cannot be determined in this proceeding. A ? r Date: September 17, 2007 ;Esquire Supreme Court 713 `161e F. Shugha t U2-4311 10 West High Stree Carlisle, PA 17013 Telephone: (717) Arbitrator -8- AUL V WING Attorneys at Law A Ddn rm LLP Matthew M.U Phone: (717) 257-7 Fax: (717) 257-7 tnhaw@ssttl.c WWW_"W.{ September 27, 2007 r1a Hand Delivery Dale F. Shughart, Jr., Esquire Attorney at Law 10 West High Street Carlisle, PA 17013 Re: Fajardo v. Dimoff & Jack GauAen Realtor Dear Mr. Shughart: I have enclosed Defendants' Motion for Reconsideration by the Arbitrator asking that you reconsider portions of your September 17, 2007 Award. Thank you for your consideration of this matter. Respectfully, Matthew M. Haar Enclosure cc: Dr. Geroncio Fajardo (via overnight courier w/ encl.) Constance P. Brunt, Esquire (via fax and regular mail w/ encl.) Mr. George Dimoff (via regular mail w/ encl.) 2 North Second Street, 7'h Floor • Harrisburg, PA 17101-1619 • Phone: (717) 257-7500 • Fax: (717) 238-4622 BALTIMORE CHESTERBROOK HARRISBURG NEWARK PHILADELPHIA PRINCETON WASHINGTON WILMINGTON A DELAWARE U84r1ED LL48RA Y PARTNERSIRP 136127.19/27/07 GERONCIO-C. FAJARDO, Plaintiff VS. GEORGE DIMOFF, JACK, GAUGHEN REALTOR, Defendants : COMMON LAW ARBITRATION : BY AGREEMENT OF PARTIES MODIFICATION OF AWARD DENIED The undersigned Arbitrator received a Motion for Reconsideration filed by counsel for the Defendants. An Award may be modified only in very limited circumstances of fraud, misconduct, corruption, or other irregularity, 42 Pa.C.S. 7341, which are not alleged. Further, the Motion contains information which was not presented at the hearing and could not properly be used by the Arbitrator to revise his Award. Moreover, a review of the court proceedings quoted in the Motion for Reconsideration merely reaffirms the findings of the Arbitrator. The purpose for requiring an Affidavit from the Realtor was clearly intended to confirm the realtor's good faith/best efforts on the record and was not intended to replace the requirement that Dr. Fajardo, as a Seller who signed the listing agreement, be consulted and be a party to the Agreement of Sale. The Arbitrator's Award dated September 17, 2007, is hereby ratified and affirmed. denied. The request to modify the Award is BY: Dale F. Sh gha Jr. Es Supreme Cou 19373 10 West High S et Carlisle, PA 17013 (717) 241-4311 DATE: October 1, 2007 Distribution: re Geroncio C. Fajardo, M.D., Plaintiff, pro se Matthew M. Harr, Esquire, for Defendants Constance P. Brunt, Esquire 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 A ThaLt Seas his Vt peer 1jLsit_ Re Vats Suggestitug that we li t it for 379,900. And I said is that the most you t auX we can get- pe said maybe up to 399#900. But he said that houses in that range --- houses in the 389 to 399 f - aW above, the market for that price of house bas dtanattically slowed. And he thinks that it will just sit on the sarkcet if we list it for anything else. 0 At1d if you sold it for 379, 900, do you know what your equity would be that yon would be depositing? A , I think if we sold fL for 379, we would maybe not even --- we may have a loss on it actually by the time we pay the c emi"ion, i+h4ch is why I had suggested at least trying to 11st it at 399. a 399- A 389 to 399 I think would be a good starti&q point. And. if ve Can * t get that, then we will cage down in 1"7 price. l8 Q But if t put: it in a c m=t order authorIzing 19 you to list it for 399, 900, do you understand we would have 20 to come back hem again coamivably and bring a realtor who 21 would have to testify to se that he lAs =ads his best 22 efforts to sell it for that price- And t'.he i I would 23 authorize a reduction in the list price- Xou probably dmwt 24 d xs`tand haw that would uork_ But tbat`s- wbat I probably 25 will do to protect your husband`s interosts_ 59 and x vnderstand tbat. and Y voald certainly 2 nem er do anything to try to undersell the house because 3 at -- I areas, bemuse I obnriaasl-Y want to get as Nosh out of 4 it as I can too because there ar_e hills that need to be 5 , paid. ,, 6 Q Tau do not look like a person who w xdd want 7 to cart oft her nose to spite her face. a lboctly_ Aid I bane no anis osity toward his 9 ti?er_' I don't want to but his In any wary. I Just war- 10 to get this settled- 11. M_ SHLDW! Your Boson, I have one vownrn 12 vith that 11.ne of thought if I may, p3c+a ze _ The market 13 being the war it is, and it is oertaun].y in a dacroswing_ It 14 is now a buyer' s market, not a se1.1@r `S naxlcet_ is TW C.OLW: That" s mhat 1 an reading. 16 MR. SRNIDpAt- If that would be the case that 17 we have to cam by here and peta.tIon the Court far a hearing is and hold a hearing, there is a good O?rtvnity in reality 14 and p=acvtical side of it, that a buyer is going to say, you 20 kWW, I don't need this and any on_ And it may very well 21 ,$Jlosh the sale- 22 If anything. I would suggest perhaps X23 respectfaily to the Court that we would have the sellej: - s 24 agent eXeCUM an a 'Xd4it along With the sale Saying that .25. they have e?eercised best efforts to get the highest price 60 far the 2touse. - O?-rise, we are going to lose the oppostan ty to strIke, if there #.s even an opportunity new- -TIM COOMt Is that acoeptable to you, Mr. ra-Jardo. as lastq as-you are sstistied ttte person has vmed t?Yiei?c best e£forts to get as laugh monay as possible for this ?souse? Mfr- 3"A O: Yes _ I agree m1th that, Your Honor- TM CM W: May. Fine- hell, that r s what via Ulu CIO-. MR. FgjAgW-. just the issues about the inventories and other pezsoftal things that. I have its the house. Tug t?vt1RY: WP-LU, the personal property- and the itea I= Ortunately -- no, fortunately, the natters as-e not - ih froat of no today- out I have an instinct about this ease. That if you two if you gat over your anger, and there was a. little less grssoi isYe apill ed in the eouxtr*006 that Ivxu two Vs+abaibly could work thus cxzt _ Mt. FWARM: In all horstly, Your Honor, I think we would could work this ott, and spy wife understands pretty well Why I was angry and hcm I aft when I an anM- To tell you honestly it is Or- Sheldon -- TAE C RT2 You have wade that point, and I really don't want to get into an arg:ate**t about that. i I 2 3 4 5 6 y 8 9 1Q 11 12 13 14 15 16 k7 18 19 20 21 22 23 24 25 61 Date: Fri, 22 Dec 2006 19:53:45 -0800 (PST) From: "Amy Fajardo" <amyfajardo@yahoo.com> Subject: Re: Mortgage Info and a Request to meet To: "Dr. Geroncio C. Fajardo" <geronciofajardo@yahoo.com> HTAW, rlttac.hinew [ Scam and Save to CogW ter ( Save to Briefcase_ J Gerry - First of all, let me say, that I agree with you that Sheldon has done/said many things that I felt were inflammatory and degrading to you. Do not think for one moment that he did so at my instruction. I think you know me well enough to know that I did not approve of his actions, and yet I felt trapped by the feeling that I needed representation and that he was the best I could do at the time. I am no longer represented by him. I have become increasingly disillusioned by him and feel that he failed to give me essential information and, in fact, gave me MISinformation as it pertained to the sale of the house that has further complicated things un-necessarily. As I think about it, I believe that he may have done a lot of this just to irritate you, to keep things adversarial so that I felt more dependent on him and thus ran up my legal fees. Do you know I have already paid him around ten thousand dollars. And for what??? I have often thought back to that day in Judge Hess's courtroom. I have wanted to contact you - but I didn't think that I was really "allowed" to. I guess I was confused about that. I thought that only my attorney could contact you. So, I'm sorry it has taken me this long... Part of my frustration with Sheldon led me to have a conference with another attorney in town and I felt as if I got the first good pieces of advice since this whole thing started... she recommended that I contact you because I told her about the day in Hess's office and I told her that I thought that Sheldon had made things worse, and that given a chance, I thought you and I might be able to work things out on our own. She was the one who told me that I had every right to talk to you. And, she told me that if we were able to come to a resolution that that would be in both of our best interests, as opposed to having the courts decide the whole thing FOR us. As I said - I don't think Sheldon would have ever suggested this- he did everything he could to try to foster a negative attitude toward you. But I still feel compassion for you and I felt you were wronged by him. I know that I have done things which have hurt you - though I must state that I have NOT done some of the things that you imagine me to have done. I just want you to know that. Many of the things that have happened since you left were at his advice. And again, I think at times he advised me improperly. I'm sorry if I rambling, but I feel as if I have a lot to say . You may be right - I don't know if you were investigated or not, or what gave you that impression ...he offered to hire a PI on my behalf at one point to investigate you, but I declined. However, I would not put it past him to have gone ahead on his own. In fact, I have reason to believe that he was having ME followed. I believe that he found out that I had consulted another attorney and was on the verge of firing him, so he withdrew as my counsel. He only saved me the trouble because I had already made that decision. Just so you aren't taken off guard, I did retain the services of another attorney, but I believe that she will be fair with you and with me - and I believe that she will encourage us to work things through on our own if we can. (Which I hope, and I believe, we can). One thing that she said during our conference that I found encouraging is that she made reference to "cultural differences" showing me that she is broad- minded enough to look at things from your perspective, too. I don't know if that means anything to you or not, but it did to me. So.... with regard to the issues you listed at the bottom of your email - let me cut/paste/respond: 1) Apparently Sheldon filed an emergency petition for a special relief of which I was not served a copy and a returnable date deadline was yesterday, Dec 21. 2) In reply to the above, I filed a petition for a hearing regarding this petition that I have no idea what the issues are. 3) This means I have to wait for the court orders for your petition and my petition. The emergency petition was filed through Winnick because, as you may recall, Judge Hess said during our last hearing with him, that Winnick's withdrawl had not been acknowledged by the court, which Sheldon said forced him to address you only through Winnick, so, I think all the paperwork went to his office instead of to you. The issue is the sell of the house ...which is another complicated mess - and one that I think we should work together to resolve as quickly as possible because I think it is only going to get worse if we don't. My understanding from Judge Hess's order was that I had the authorization to list the house, to negotiate the selling price, and, since he told us what to do with the proceeds, I understood that I have the authorization to act on behalf of us both to complete the transactions necessary to sell the house ...(Remember Hess telling me that I didn't strike him as the kind of person who would cut off my nose to spite my face - meaning, I wasn't going to undersell the house to try to hurt YOU, because it would also hurt ME). And Sheldon never told me otherwise - and, when asked by George, did not inform George otherwise. In addition, George did not know himself that YOU had to sign the deed until 2 days before the closing was to be held. Which is why I ended up calling you (after I got Sheldon's permission) to let you know that you would need to sign the deed. None of this was done to try to keep you out of the loop, I just thought I was doing what I was allowed to do.. _and no one was letting me know otherwise. I cannot tell you how frustrated I am with both Sheldon and George over this whole matter. What I can PROMISE you is that I got what I think is the best we can hope to do price-wise for the house in this very soft market. The housing market in this area has really slowed and houses in our price range are sitting on the market for very long periods of time. I do not honestly feel that there was ANY interest in the house, except from the woman who is currently trying to buy the house. It happens to meet her specific needs because she has an elderly father for whom the I st floor master is ideal. Anyway, I think she paid the top dollar that she can afford and I don't think honestly that the house suited anyone else who looked at it. I think we were lucky to get the offer we did, and I think we should do everything we can to sell the house to her as quickly as we can before things get more complicated with that. I talked to her today - she was making veiled threats to take legal action against both of us if this is not resolved by next week. Her mortgage interest rate is only guaranteed for her through next week and she stands potentially to be 2 charged more interest if we don't close next week. George told me that you have a copy of the deed. Gerry, I would really encourage you to sign and return it so we can get this behind us. This lady ACTS nice, but I think down inside she is as mean as they come and will do everything in her power to make us PAY if things are held up. I don't know about you, but I don't want to do anything that would mean MORE court dates, more attorney fees/conferences/etc. etc. I am doing all that I can to resolve issues that I have arisen since I placed the house on the market, including the development of water problems in the basement - there has been some leaking into the basement & I'm having to get that fixed. Also, I had to have the basement radon- tested and it came up high, so I had to have a mitigation system installed. There have also been some other issues (stove, electrical outlet outside) that I am addressing. But I need your help in getting this resolved. WIth regard to your discovery motion, I didn't get anything from the court ordering me to comply - and actually, I'm not sure I have the information readily available that you want. But because I thought I understood your concern, that's why I sent you that document this morning. All of the scheduled mortgage payments have been paid as scheduled and the house was never refinanced. There is a large portion of every payment that goes to escrow and to interest each month which is why, I guess, the payoff is what it is despite nearly 3 years of steady payments. Plus, there have been increases over the years in the amount going to escrow to cover increased taxes, etc. Again, I'm not sure if that answers your questions, but that's all I can tell you about that. Everything is in order with the mortgage. No tricks. 4) Another petition that I filed is the motion for discovery to give me copies of the GMAC documents that you have for my review, from the time we bought the house to the present. Judge Offer ordered you, through your lawyer, to show cause why my motion should not be granted. I have not heard anything yet. Sorry - I already answered this above.. . 5) Your brother had been calling me at work and at home that I had to file phone harrassment complaints at the Atlanta Police Department and the DeKalb County Police Department. I am wondering if you were behind this. No, I am not. Does Sheldon know that you are trying to contact me or now in contact with me? It's none of his business, so, no, he doesn't. Well, I have to say I'm happy to be talking to you again. It feels good to try to explain some of what is going on from my perspective- Thanks for keeping an open mind and responding to me and accepting my email in the spirit in which it was intended. Please accept my apology for anything that has been said or done that has hurt you. That was never my intent. Hope to hear from you again soon. - Amy ----- Original Message ---- From: Dr. Geroncio C. Fajardo <geronciofajardo@yahoo.com> To: Amy Fajardo <amyfajardo@yahoo.com> Sent: Friday, December 22, 2006 8:05:20 PM ?ACK GAUGHEN 40 REALTOWE RAC October 10, 2006 Dear Mr. Sheldon, Reference: Sale of 409 Darla Rd, Mechanicsburg, PA 17055 Mechanicsburg Office 101 Old Schoolhouse Lane Mechanicsburg, PA 17055 (717) 697-4673 (717) 697-0822 FAX The following is the progression and activity concerning Jack Gaughen Realtor ERA and the sale of the above property for Amy Fajardo. 1. Listed house on August 25, 2006 for $389,900. 2. Two showings with one day of being listed. 3. On about September 1, 2006 received an offer from another broker and their buyer for $375,000, offer was not accepted. 4. Held two open houses, both in September, about five couples came to each, some neighbors, no real interest. 5. Advertised in the Patriot News and local Guide Magazine. 6. Listed on internet sites era.com, jgr.com, realtor.com, openhouse.com 7. Several hundred Internet views recorded. & Seven showings of property by other realtors. 9. Lowered the price to $389,900 on September 27, 2006. 10. Advised previous broker with the rejected offer of price change. 11. Same broker and buyer wrote offer on October 1, 2006 for $380,000 and was accepted by Amy Fajardo and that date. Jack Gaughen Realtor ERA and I utilized our best efforts to market and sell 409 Darla Rd, Mechanicsburg, PA 17055 for the original listed price of $399,900. If you need further information or have any questions, please let me know. Si Dim( Sales AssocU ?M6Mt_lEM??r ANaAlm Nellov"Aft w W ?w ?P g0. 760! L Your Leader for Exceptional Real Estate Service selling • bmying • financing • settlement - title • wwrwitia owned Am OWaW by NR's Inc. www.igr.com 1V TANDARD AGREEMOff FOR SALE OF REAL SATE A/s-R m:avow- ?. 5??? ? E• _.?w.+o-v..w?.w^. ?n '?W«?SaF mi R ? T:F? at ti.tct ! Tiicz ,roc,?? 1- XR :?¢i+:Av ice: =?"'.c: W'?`•^i° 1#r€ lmr L-NOT the Agcor for Scar- sated it afar: 0 A£iMT 1, fr`1" BWXER LWENSEEM ,s TKXAGM BETYWL OR (if ebeck ed bdaft)= BnW" is NOT the Agnat for Bwyw sssid is a&= 0 AGV4T FOR SUJAM ip.JnYu Ageav> 0 Yes 0 r4u 0 SUBAGEff FOR A AM o TRANSAcl^ nON IBC When tba =m pt, Bt>, ftr it Amt for Seller and Agent for Server, se pa?rats Dwip wbed Ag eaft fibs! Beyer aced &Mm If ibo acme v a lkl A¢ex AN afBaroiar's Ncensefs are aim Dad Agents 1H4LFZS Mane am de dgwi e d Aw 64aw sW Sayer; the Limmee U a Dual Aaceat i. This RaTee #t ,, do t `l rC7. W"p4s): ,is tAUM *Ise] 2. pROMM &.05) Seller- hm" a tar uN sad woa*y 4 DIV44 wlto hWft Wen W ALL ATS? lot of g d ritb b PmvhKW- md impmvermean tit "n v*ieA ifaay, unbars a county of :n fit ?Moat; beed Book TceWr&n9 DIM. 3. TERM {9-44) 7A?b (A) ftn*nrse Price eaf pftnW"ssiss. ld u (rye Taz M #; Fared a Z/,S wM& wM be paid to Salter by Buyer as Sailawrsz i_ Garb of ttstcia at sages tb?A? - S 2_ Cash or cbe* wohm clays of theexecufim ofiNsAgfee e w 3. -70 4. Cash or c kOices dtaxde at tutee st et $ ? TOE S (8) Dcpopb paid by liliWwiihia 0 DAYS of .iN beby cwh or e`s oltecic. Deposits, ixgapiless fife fnm at paymexdand the pason des4pnwd as payee. will be pad in U.S- Radiator to l ftr Seftz (unlem admwoc $bud hears), _ Who wifl ietaiu its in an ewrow a wait consawAnation ar o c n cfd*AVwwff in 4 may 1viffi no aepvfioabie h+raVls and Any ?. as dew loonies now be bald ==shad JIWURUDS UM of =10 ( B? U approval OD be an or Wum 10 1 (D) SeWeaxnt w be co orbiScm mad M Sddament will acm in *c awnty where IM Pvapetty is incased ar in an aa0cmat cauoty, darting 1 and Seiler agree: affmor rise. (n Cowseymma f om Seiler will be by fax simple dead of spocW way uale" wise stated h= 34 (G) Payment of laucssfcr taxes witl be divided equally between Bnycr ead Seller unicas atbawlse stated bar: so (M Al time otvettlaeaemt, else followbug will be a>4usted p e-rata on a dmc y basis bemoan Buyer and Salim rcunbunang wbxc qqAkabla: elect 37 teat tooter (sae Wwamfim l tdft 3tra1 tic T==): mats; uftns an nsod@ gc =smaphnrs? coodcautdow fees and hoom wner ones-. 30 cMUM fen. water : sewer fees, with my 1MDWb& l WrVIM All d=qjcs will be pro-nata d for the pawgs) eases 39 eted. Seiler vAll pay up w and iwJudkW the dame of sedttamcnt sad Bayer -l pee for ail days following settlement, lnim otherwise ssxt- io ad berms 11 Auy?er 10ftflt: AJSdt 3ftc X of 10 Seller laltidr. Plevi9ed 91W COPYRIGHT VV4?usMVAIAASSCK,? OFXr-4 1'ONSM2M REAI.TCQP of 9m5 Jcl 12 t3 U is is t7 to it to n 24 B se 31 32 32 34 W 36 37 36 as 40 41 O' S UNDARu AGREEWNr FOR T*M SALE OF RZU ESTA. E ws-R 7 hk fam moon mwAc d zed on a-Oa ft but mt -4 -, Ib by. dic.In o[t a Parsyfmmb A..ocisk , of RPALTOPJP (?M} mill VVrM PA LRCM= BROKER FWR-0-KBR (COMMUVr 11,10, WKNd%U W Ddt"Mcd Agent?' D Yes Bit MCC IS TM AGJM FM SFJI =A OR (if amck"d belew)z stater is MT the Amt for sdler and b ahrm 11 AGiwr $*a MMM 0 TRAm&4 cTm LI('$mSltiS ISROM= PA LICENVM BROIMR 0149 LXW"X S1 Deed Agent? O Yea 0 No BROKER IS THE AeGEIHT FOR BUYER. OR (K ebeded Wow): Briber is PiOT &e Agent for Sayer and is whip: 0 AGBN'f PM 0 SUMGfTtT VOR SEU= 13 TRANSACTION FACERM 1Yiea the atrpe Ikekar i>S Agaei tier 8ciNor t6 Agtslt tilt Bmm Brmkff a DW ALAN of &oft" ¦eemm are also Dual Agma tMM there arc mpmrat. D=*.afed Aaaats for Gager .Rd Seaft tithe aaae derigfaard !or Seft and Bayer, the Licessoe is a Deal Agent. L .0 SOMMM nitre ii between 2 3 5 s r e v 10 12 14 2 C-1w "SeDey° MW 4 5 a maw -9 Z PROt'i MT 9t?-%) Seller ?rsatoeA* and COMIM to Bw1ey WhO bOV67 agVss tO Prdue: A3.L AT,V _ __TI ? srV a>oi" {7" W. OA if sup, known as- 04 V ` in the _ of 1'Yl hen c 5! candy of (XjTI V,"3 ;a talc G a.w+eaNi1 of Pennnrsylvallis ideatificatioa (egt, Tsx 1>a il; ran l,k, Bleep Deed took, NM Wwrift Dxt& 3. '[ ft. (1.15) t !lJ -t??.?' TT L 1! / / I (A)) Tntdiase Price is 77 tat as tt it 3'2 23 24 25 26 21 29 30 31 32 33 34 35 35 sr 36 1a 41 rrbkh will be paid to Seiler by Bayer as Mlews: U.S. 1 1. Cub or check at signing eat; S 2. Cash or chock wiWo days of the execution of duc Agrxraont: 3 ( .? 3. S -..? 4. Cash at cWticr's clack at tim ofs dlc mcot. TOTAL S _ (B) Deposits paid by Super within , 10 DAYS ofseui th wig be by lash or cubecea dneck. Dtpardta, regatdign 4ftlre fvr m of Psymcot sad we person designated as payek wID be paid In U-S_ Donors to Bmktw for Scdkw (unless od rwim Astvd bat), who will mado depaa+a is as esavw anooaat tsotk7 oor>sutmrn.tiarr ar ter On of Ms 61 aoufotmity with aQ applicable laws and la ' Am ?tNbedt bn&mW as deposit monies map be bold umcmAed pend"; the of Agmetum,t. T?r (t) 's wrMm app mvwl to be oa or before (n) Settkarrad ft be on tell or before' (Ej &Ukw ad .rill occur m the oozy wbm the Property is locoed or in an arjaCeat c ounij ddnng oanul bus' B and Sdkrr agme QdWV m (F) Conveyance (rota Seller will be by The supple deed ofupeciat warranty ankas o%orwim stated has: (G) Payment of b=tc er Omes will be divided o pW ly batwom Bvr;w sad Sdkr unless otbtxwbe stored hue. (Fl) At tune of metlasotIL the *Akr ina will be adjastod pro-milt oo a daily bans between BUM mad Seiiec rcwnbu n wh= rmt lanes (sue tafeamstoo i Rcamod'mg Red Fatalellum , mm, intft an gnqgvw ? e °1Ri'wnea T condominium fees and hoaacawner asses rs dadon foes; warier sodlor sewer rem together wn any other liW)c --acgW mm m All charges will be pro-rated far the period(s) mv- erad. 3eUm wiil Pay up m and kchrrng the daft of xtdenraot oral Buy-, rip pay for alt days following sdtknr t• emcee oa cr* sv st- ed hue + _ $" j''"d't+= AMa Page i of 20 5efer laitlohn RCY?Od COPVRTGKT PENNSYLVANIA ASSOCIATION OP REAL1bRW INS ?1?OCl?IOq iiEAI.T 9NI5 21 22 23 24 2S Tl 31 32 b 34 ]9 X n 31 31 40 4r Q ft 4s 44 45 N err a 49 so 51 Q 53 34 ss so 57 sa 9a at 1RZ 65 it a 66 ii i9 70 71 72 73 74 75 76 77 75 79 sa a 92 a $4 a 46 err m a 91 a 94 16 N V ere 29 100 191 192 103 144 105 166 101 Y. 1'fIf l vnGO W i X9"% a•.s..J ¦ ...rr Li. _ . (A) INCLUDED in this sale are all existing itme po mneady intejWW In Ot Ptapetty, fm of 11cm. imk d* plumbim btu lighfi % fnc- awai (mdolft CLsndellm and ocilirtg ft* waft ttaatraana sysicu a; pad and gm 9quigmant; WwW door opeom and u=wnittcm 6Wc- a:sion snWrA tfapol0ed saaubbery. piastti?s and awl: wry r ttteatit>g and exsatdnE ft>da scored coos rhos Property at due tinscof set 8anmottk m p ptmapa; MOW abode mllboxeg -A tv w+S wept-X cswW* window acreeM aatlrae w m&m and wmm(sWm doom; windorw oarmiab wW , s„tan&r, bm'it-s bml&i-n tM tams/ ihetod. Ahsa kbdsded; r" ct f, 3 pr %C 01 Z?z 04 p A- (H) LEASED dome (not owned by SeUc* (C) EXCLUM Sectura and Norm S. DA'f69rril" is (W Tm Esm" B (9L" (A) The seplenuK dose std aft odor daces and times znfaved to for the ptsfamhttoe of sane of dw ot>figs&w ofdam Agro mmt are of the ens c= and we bixdiog. (B) Far PRDom of d is Ag,+amuc u, *e xwrA r of dais ynO be covsdcd fiiam ft dafc of aoea tion. excluding &c, day this Agrotmi it was crm- cumd, and ioclvcbng the tut day of the &M period. TM Execution Dift of ft Aow mc* is the darn when Bayer and Seller bare WmmW M ameeptattce of [lode: Ammenmmt by siping mn w ioitiO it. AE ebangu lothus Ap+eeoleat sbvttld be iaif mild sad dAW. (C) The itlldans m dole is sot exaetded by any odta petlriaivo oaf ft$Apmmm and my ally be cmded by amrmM wFkm spvanc* ofihe pwa m Catain tiw m pociods we pe-printed is rims Agramout so a coOwpiaroa b the Bayer and Seiler A11 preprinted time periods we wcgu6mble and may be ctampil by smld erg out due pre-p awd text sad ius© fmig a diRerent tinge period acceptable to all parties. !w MORMA!G8 (9-" El JfA&M. I'bis silo is N()?t' aondiupera as aortae tnanchW, al&oagh Buyer may mall at', iw wamIS Ec fmwcia& (A) Tbia cafe is coaodamupon Dryerobtaiaiarg rtlarigpge &uamg as Mom Pheet mor*np on farm Seoead Mortgage an the Prop a ty loam Amoaac s 'M Q r IAm Arm s Tame Yam Kwkwm T=U YCOM hype af' Se T' lT' - 7YDc Of laotleaEo h*m* rAW i4; boweven Duyw ngrees to aoepa the i ftTm rate 94; however, Htym spas to amept the inferW nu as rosy be commuted by an msrtgfpte kuder, not to iuane# raft AS stay be CMMiKed by the muntpp reorder, not to l tined a Maxim m interact rate at °h exceed a mmiwmm interest fm of % DiscoueL points, loan orWouUm bas piaament and other fax dmged Dwo u t M ft two eri$iA bin. loan placemso and other flees dmpd by the !coder as a pamiage of ibc amytvw Ivan (mcioding my ramrf- by tier l ndCf m a pmeecttapta of am mortgage tam (acct arty anowt- Eagev ias9awm prpniums or VA tki d nS fee) floc to euoeed SW barr=en pr anhm?s or VA, fonditrg em) sot to exeetd % (0% if cwt VedbeQ of the mO IpF Joan. % (0% if not sp xAsad) of the mortgage loan. Tbo inaureat rseta(s) aced Sm (s) p mvisiom in paragraph 6 (A) art>sadAW if the woripp kcada(s) !Dim BuyQ dw right to gueranme the interest rate(s) m d fvo(a) at or below the atmdu tm iesehs stated Bayer atKa SOJIer dtc rWhk st Sakai 6 sore opfim sand ac permitted bylaw and the atatgagt: lm dctta),10 coo throe may, wiabivvt protnesc of itkn6 tavmmt, ID the Buyer WAAor the laorlpt?D loch(s) to !mice the above mor"V tams swain" ao Buyer (B) WA der drys (10 id' not apccifiod) from the Execution Date of this Agmem'mi4 Btlye:r will make a eempieood, wx*w none m appii- w1i n fbr oho esrortgagp tser,as sxaaed above to doe mortgage kaada(s) ideaoified is pa vgmph 6 (Ale if moN v4prwisc to a regfonnltle ritortpgc kaWa(&) of Bayr;t's cbaim VroMr for JJtetysr, it sm% 94mr rfae Bftk r for Sellac. is modmized to ca+ k wub the mortgW kOdWS) Is nsaist b ft eaaigge USS prams. (C) Should Boyer tvwisb fAm at ittemVIese iwfurmstios to Sober, *sketr(s), or she martgW lender(s) caucereisig Boyeels legal or fit?atteisl sebtss, or 65 1a cooperate in goad t ' is WVC"'M t "be wwtgange boa appiestion, valtteb reewits tt the ummim ! lender(s) mfusing to app vn a morlpW Jon be in default of Was AVvem mart: (D) 1. Mortpge ssaraaihatdt ehsa ff 9dks does 9K mccive, a copy of &rpes mm camm*nenl(a) by thie -- k* W2 date. Now said Sailer sp m t• dsie umill Selle r enn:s,Mahlt dd* AVftm M by weTifrt7 softe to Bayer 2. Upon receiving ai mottg C csounnibtscok Bayer wnli promptly detiwx a cmpy oftbe c4ow nionm to SAM. 3. Seiler may tambuft this Agrccmcat is writing suer die 1o~ Opttpt7kmat doe, if the nuw4pa cotmaintma(# a. Is not wthi Vail the d.se of seBian ML OR b. Is vocfAomd upon the ask sad settleeaeat of teary ad w ppeoperty; OR a Does not OWSfy all lhse mortgage U ma as ftamd In paragraph 6 (A). OR d. Cowaim mY ocher condkion not specified in this Agreement gm is not satisfied and/or moved in writes by the matgsge fwdca(s) wiUn _..Z DAYS after lira mor epp comygumimt does in perttgrnph 6 W) (1), odw r then awe co!l4dem that ens cet?fwams- ly ssfestivd at or WK sddaecont, such a* obtya,irrg enhaaeroc acrd eonf oning cooirloysT ed 3WW 4. Baas AV eontst is lensinared ptsl omA 1b pwagmg fls 6 (D) (1) or (3), or ft atotWV foam(s) is not obtained for sculetmat, all deposb a mnies will be fEtmnedm9towacoorfpio6camsofpmcmpb;30socithAgm m awillbeVOID.b4awillbettwwdbleIlirMycooi curmd by Buyer for soy in mik xw or ecrOc tuns d taimd aemnr "to the hsna of thiv Apam oak and s my aa9Ls inew,al by t3WYcr Sur- (t) rode sewck, ddt ivsmanee su&or ma4mom' lien imstm*tw- or say floc k+r csttoeibtioni; (2) Flood imaa?author fire in9ttfaYpC with cov- G ra_Ifs abasM mom fnmx nom, or any far tar cmmllati m-, (3) Appndmd fem and drargtx paid in sdvaroc tT raargeage kader(a).`? Bty" Iarlt6ds: A/5-R large 2 of 10 Stfkw i„ifishL Rtvised 9/OrJ' 43 u 45 46 47 46 a a 51 52 $a 54 ss s7 s9 ss 611 it 0Y 69 64 55 as BY i9 ie 70 71 72 73 74 76 76 77 70 79 Be 91 82 as 84 a5 a 97 a as a in 92 93 94 s5 96 97 1a a 10e tat 10L 1aY to its l0i 107 ,foe IN lie. 11t T12 113 118 115 116 117 118 119 1:300 121 144 ts7 114 143 144 146 144 147 146 149 Ise 151 132 163 154 155 In ts7 1st in 168 161 192 16s 164 165 166 167 pet B 70 s (?} Iran vwrtgw lvn ;), arm iawa+- pro Aft p cop ft wd eanaity iwnrmeo m togm W by Wa rnuc%W 6,d,(,,l repeire io the Ptopaty? Dom *, Wou Ow 109 *0013611113, ddrw a copy of fire n quire ano b ,9anw. Vrthin 5 _ DAYS of rt;od jog the gwy of the r gdn: mss, Sena vM w ft Bm wbedw Saba wlil moue dw n qdw r pdm at Setter's ac MW- ! _ N scuff smb= the toquiked Reads to die iddinda of the mortgage lendeKII3 e>r a aay>v 16e PfopjWty cad aEg " i l ow RO.PAW in paltgtaplt ? ? 7 of@1aAgmeavent. =vim rap?i's. K if seem ids 4 "*pow ..itl?ia the am Wives, BUM wj?. sera 5_ DAYS, naify a. Make die re"rled repow st Bayrx s ewe, .pith pe m aW at?css b do Preprsty given by Sella; pcombsko sod mom may act be a rrmommy w thbaid tty saw, OR k TaWnate by vr&m notiea w Sea-, witfl All deposit monies vokwa d to Buy- wood to the tones elfpmtea> OF) lN::UY 'APP1UCABLE 0 APPUCABI E SdWwil Pe3`% O S , or % of Purchaaa Price, n vjum,, iowrard )`Amy='s cosy a7 FK WA, W A.WCAXX (G? h ?p'y? otter ptovis of this etoadact, Btryer will not be obhgtted b eomQyte lire purchoac of the Property demedW itemiri orb iou r ary ponaity by ft Ax ifttlr: erfeaencst7naarcy taepody or ottxTwise: >miess 13ayerhas been' in amonlom wilt RUD/FHA a VA Win, a wriaea afa ftnuv t by the FadvW How gg CammWomm, VeknuIsAdmWoundm or a Direct Eodotxmm%LeltderSCW4 ford. the tptisod v" oftitc P[opaty oftaot kn rhea S (rite donw an,Ownt to be' aaetaed Is the saiesprbe as arched in 9* Agtelmterot). Buyerr will tare; the priviiepr and option of proceeding with cansomnratioa of the ooouwot wkbmt=pW to the amomtt of dte appmi and vrha>tiom The ippsi7 , is anivW at to damttae dw mm* mat mart grga to Dopatemroac of 11wakig and U*= DC.d*mm will amum RM does ,tat vrarnwrt the value Wr the Cortditiem QfIhC Property. Buyer sboutd safi* himselffivanieltdim duo price sad voadduott of tltc Property ate aloceptabae. Wad SCWM 1010 of Tide l8. U-S.C., Depatmerd of Bowing wW Utbto DcvdopwaM mad federal Hoasbg Admirdomion Transactions. pravid« ''Wboeara for the propose of--- WGuencing in any way the actionof such Deputacut, makes, passes, uttm or publisher arty sematt ens howfug the saw w be hbe.. , shag be fined trader thhl We c r iatprisooed rot arose dam twwo yectx, err bodt." {tl) ills- II?paattaatt 4tf H*rtaiag and IItblea Aere?raaeat (Hllb) l'iOriZCE?O PVRCHASER3: 'S A1rJOnsvrie?eaaewt ? Bqw hm veccivd GP HW Wodot `fa Yaw Pmtmdm: Gies a Harm Inepecoun - Buyer todastands dte hupormuce, of getet an bdEQmdmt hoarro irM1-1 , inn and has t wont about This bedae sighing tleis Aemetaent_ Buyer tArdl nftn 1r that FHA wry not pcrfona a bomv hupetdim as pmwm a the price or corAffiW a of the AWCrty. ? CertiiieatfoNe V{iE the: aaderstgtte>d, Sdkt(s) cad Baya(s) pasty b this traataatiom emcb ?' that the tezrns elf the aoutraet fcxpltrdayc are true w dos be# ofour koc wtdw and bc1K cad drat anY other agreament eaftvd into by arty of these pules in conneadon with dos amuctim is Ombed w this Agracment. 1e6 to no "I 112 Ills 114 I15 11f 117 re 715 121 rat t22 123 121 i2S 126 i?l 121 M tat 132 133 134 175 1u in 139 14e 141 142 7. WAI ]1st OF (9-" 147 If tads AVva"W is wotisylartt sa Bayer's dght to itugrtct and/or repair the ptmpeat& or to vara? ipnalratwTrty, e4a•0001usmltal eaadmsas, 144 r COMSCM01% chat daaltlattaeu or use, 4er my caber lv&rmatioa rqW dk% me property, if4tyer't failart t5. C Mae any of 145 5011er% uPtims vpN" Oe IMMOM set 1lrrth is Oft Agreesaw is a WAIVER of that eautinVewey cad SO)w *cc" the Property and ag.wea to 146 dbe RFAXAM lrt 77 of tram AgrecaaeaL 147 8. TftO R?i1" [FiSURAtY(,'!Z .AMM AEi UM (SL" 14e ?fvED_ 71ns A nt is WM cos li cvt upou Beyer obaming property and em ft insucaoca far the Properly, detaagh Buyesr may ito 3t+11 obhut plumy and Cava" it OUJI 11CC. ISO (3 ELECPED_ Cbstivv nay Pvdod: DAYS (i5 if not spWfsed) Glom the Exlte d m Date of this Apeemoat 191 Wltrta the Coutgeuty PWoos qqyW Wift florae 2M&:,dM fwp vpaty a11d cmmtj?, kstaanve for due Fmperty to a pwf m a* it> AX DMkW 152 for Dom if aq, eUlervvbe Bt+slret ar &A&, mnsy "Mono ea rob wfEt se aasiau to aeatst in the: hmwtrxece p"Cen, If 8uya cannot erbfa6tt 153 r%q-ty sod Cam M1W intlamrae far &C PropectY 010. katw and oandWOaa naaaaraWY acceptable to Huypa, Buys wit 7pif M the Caws mcy I% 14eded: (A) Accept Om PYmpnrty cad sgroe W ie RELEASE in paragrslpb 27 of this Agm=vc at, OR is 156 (B) Tambude this A e a ettt by /rvnewn, rrot= to Buret, with all deposit ntaaiea 1t twnW to Buyer according to the tams of palagra* 30 of tins 137 Alp r;rj--n UR (C) Enter i#W a 7, kwDy acceptable writtxa agreement wkh SWM 19 133 1(8"- cad Wier de 3W alat't 1t Wf*W matt dmrGetg the Cowdnmcy Puled, OW Buyer dares not Wvniualte Ws Ap ootot by too OWNritka nodk* b Sei6ex witbia afar ti or, Bvow w1N alcee(rt thel Prt Pwq acid Vw 1e the RELEASE In praV)gA V of this AXn=v= . 161 9 INsP11:C.1'tom (f-?O+.ij 182 (A) Sailor will prov;da www (o itr umn' "PuNOSM cad. as way be togllaed by d* Apoencqt b serveyoU, mamidpet of mile. mad b Wee. ire nets K Buyeris obltt ding mottos fmmtcm& SWlex v n# peOVWC MCM ID the Property m appcapeea and others vuwnmbly negni.od by start- I" gap kaolda(s). Buyer any adbtnd aiy prat mmouts, 144 (S) Bayley MY Maim a 010-600ma t walk-Aro%* inspection, of the Ftapaty. $vyvr s n9W 00 dW iMpedion is nut .wovvd by any, other pr*vi.7an Isi of tbb Agreement. 167 (C) Seller wilt have heating aced all lth%M (imdm&g fu*r.)) on for an iospectioas. rte (D) All ilsapogors, including home mVwkx me out raced by Boyar top uvide a copy ofany"mcb m report ao Bruker or Buyer, 145 (E) Seer has the Asto. W n Mwest W MOOMe wwxmt ;ha C a copy of any itrapechou report Er m the party fta wdwmi it was prepanod. 170 Bayer lwitials- AJS-R lace 3 0! 10 Sher 177 Revised W05 U"MCFIM tOrgr7NGEKCY OP rxM (9'OS) 172 77te inspec" eoodtgendss elected by Dwyw is 1 - ngr ighs 11-15 are es.q 11911 by Roe Opdm ad hdb bekm The else penods sated in 172 daese WM apply to IdIbw I-, trbta oawMagendes in parses 11.1 S vdees otherwiw smted fie iris AgmalleriL 774 Opiian L Wdbin t k Cewfivgesw!r Period, w sided in par4mi a 11-15, Over wig 175 1. Aveept the r4%pwV Tfd1 Am irrfonraadno rrI I m in &*rttport(i) sod arum tD tiro PXA > ASB is lwagrspla 27 of fts Agmeawat, OR 176 I if Buyer is toot l defied wttb the iaa60n d m shoed in die tqOR x),1 *hby weitsaa eaBcc to Sdta WA all depadt 17: monies Yeamed to Hauer wootsdifag tv the tratrra *f parpVaph 3O o(dds Agieesn wk OR 17a 3_ Maler Wo a a wtuaft scoupbit wYil>X71 agnmovent wltti SeUer jammioling for say repsin or boprovt wn% to the Property =War any 178 o vcM b Sayer A seltimaent, as aeoeptdlk in Ow uxwtgsgc tmder(s). if any. 1m If Bays- sad Seller do sst reloads s ws3lle+s stgreraalod du ft the sped®ed C.oudop ecy ?oriel. and Buyer dyes trot tarlltioste Ok 1st AWeement by wriftaa arrtloe tv SAW arltltitt that Nme, Bayer wM swept ilm Property swad opw b the R 13>~ is psea i tae V Of t hk Alpeamoit 183 OPOM Z. lYtlaw the, C.o j P'er'iod, sa sb t d In PMV PV11M 1145. 207er wkl: 184 i. Accept tie Property wi& the k&r n don stated in ihw moil(s) sad agree to aloe RELEASE in pwzSrspb 27 otdob AVvexracnt, OR IN 2. if Bayer is cot :aged walla the fi&une6w 4bmd in gal! vgwft presewl t1w report(s) ties Stdkr wkh o W"Um Cwr di•t Pr peog tae ( °Pr+apsa" j lldi - twsecdaw aiillbr- P Oft I n I and by Buyen The Propw4 no% but is not regranod to; indnda the taawt a of • plop- os7 oily licensed or quel" ptod0sO n I- to pesRinn the Oei - rdow rayweeacd w So Propose, peovisaw it psya wnt, tneludog rte, and less a p@q* d duk far aRaple ica of th arsacdam Buyw notes lhsd SOw anti cot be bdd liable for aatrearons then do" can* with less laiertg?c leader err ltoveeanrmetl te?iretatmb if patforvtod in s worirenmdit m xoottkag to riot te* - of Bayer's Proposal, or by too a eonblGtOr selecoed by Buyo:C 111 a. Willits days (7 ifaot speclood) of receiving Blayex's Proposal, Seller will ham.. Boyer in wilting of Wier's Chaim sw 112 (1) 5ad5fYse, atessofovyaf'sFiopo6at.oR 193 (2) Cfc& BuyQOtt s NlP m - at tsar !tae coati to satisfy the t-w of BuycxIs Propoaat, as acceptable to the tnw%W kndoc(s). ifar% OR t" (3) Not astisfy the tatrtts ofBttya's Ptoposdaad not oztdit Bliyea at ItAaltaat Col ibta>:ris b satasfy Bat t1x11t3 of Boyar's propowl. 195 U TfScikr qgrc- to aaisfy dw twsim ofBaya-%P9vposd or to creak Boyer et setdcomm as spmfflW abcre. Bayer accepts tie-Ptopeay 1m and sgtoes to *t RELEASE b psraS q I M of d is Aghe nwm ' 117 G If Shccr o boom set to satisfy the mracsof 8ltytr s 1'lapossd ape s9ot b cr+?dit Boyer st sdgeoidic as spod6od abort. ur if Sella' IW4 iss t0 clove se a0y 4pI$m OIkh t the thtae nth"es, Bayer VAP wily d ys (5 if act ape sedy in (i) Acapt tc Pmpctty w a ttao: k*tuadow swcd is tht r epoti(s) sod agrm to Bic REL9ASE iu pv 27 oftbsA&am=k CR me (2) Tenatmtt: On Agin MM bywd m sotiee m Seft with s8 *VOW teeniest 1 ommed to Buyer aeuording to Ow terms of pales tot VO 30 of dis Aamnittis, OR 22 (3) Enter into a sawmlly amptabic *aitlaatrooawcat with Seller providbtg for wry repairs or wwrovane tt to the property andta 300 any aeM io Buyer st wdme* as amgxd& to the mottgage ha k*)( if sail . 2" If Dayer wed Sdkr d• cotrescb s w o agreemart du rJag Mae brae spidRd in Option, Z, Z. c., acid avww doss .at mr- 2a6 sor sat rtes AV*mtt by wrffku ioftoe to Se>lei wkiur dW bat, Bayer will soul the hop" lard agree to Me an UBLIEASK fn peragrapi Z7 of"6-Agreesswt 3o7 11: Y'RO! ERTY 1N3PECIIOlaiyC0 :E CY (9.4b) '(Stia Piapaty and Envitvwsarrtai T Vectiow Notices) Tae Boyar tsadraowak stet Propwy iloewo1w CUS&OGons sadfar JavaoW tians caw be pafatn wd by ptofe mo wl aort6 aatorx, home ampeetors, 2es eiq*reerr, achieoo -sand other propoaly tioaood or oduftlee wed ptotewf w ds, resod way iocladc. but are not limited tor. sttaaxutai Cougm- 210 OMA;, roar Cxkff oc Windows andC1t1mw40011, extawtiding, Bela. g^thn and dowaspouts, twlnm ing pools, dot tubs and spat; eppiiaecM 211 ekobiael. phvrnbirag, hrtating wad eoootitag sytxetes; wader ?attsaliora; eavirosaagNal lsisards tag.. mold. faagi. harbor lairelgplitlt asbeatpi, tatdea+- 21t ground statsge tar L% ate.), decootmrlipgoc Gdk ,vrdlandtt inape0606; Rood P? VerwMAO"', PVpCM by-ndwYh " age won; 213 and any ocher )tens Bayer nn y s0lect. Beyer is advised so inveadgme easements, dad and use rasbiatiom (incbtdiag any himatic prasavadon 2U re akdow or ordbamo n) trial apply to do Property and to review local zoning yr dh on, r, t. Other provisions of this Agremmut may pruvida for 219 mapocbona, eaidias am s ad%r bwesligttiowa !bat are ad valved ac ab*W by Bayer's clarion bem 2" D wATm. Buys bas the gMion w cawdmet property i WwOoos. «stifimhom and/or iaveapsiom Buyer WAMS THIS Ors nGN and 217 /rats to 91c RII.EA? iw pottagrapL 27 of lisle Agrownani _ na ja"'( h2 TdrTEi)_ CeeadttRatey Period cloys (15 if riot spaoifsadl Rorw the P?ceattioa Da1c of tbis,4tamnent t19 (A} W1tlaim the Cary Plaisd. Baryes; as Batys s atllat:ls, may besot ism, err tii;dtiaws aladror ittveRig a ompl?roci by Paper- iy+ lieaarsod err otitrr?riats quadfiad pr?o6acsioa?ls. If Buyer d?ecta w bsvc ¦ bunt img?6ort of Bte Fropat7y as de6m?ed io #tc Pcr.tsylvauiar Hawse xm V1 Irr:spoclion 11ar (see Infarasatiow Rega¢tlatg tht Beason t I.avP), rho horaa dos mast be perfovmed by • Poll rttember in good sand- 242 wig of a risooaal borne sapoaion associ+abo0? or s paw supervised by a 60 umubw ofa national ham inspection asaoodatemt, in acouttimn0c 323 with the awl stated mb and code of conduct or pmctiee efOst or by s psaparly ticancd or nvoten d praasiorrl cxq*aear a a 22e properly lies.red or at eel sithitat M& Contingency does not apply to the follpwing cxicting conditions aw %or i- - 1 - 22S 226 226 227 277 Ma (B) If Bahr is jnA satisfied wilt the co 111d , i of dw Property as ammd in Ow woiteott wspedbob report(s), Buyer will proceed under owe of the fol- 2te =9 opbams ere Balled in paragraph 10 wxWu lire CW4%gPPey P%Md : tea 230 ?-Opft* 1 ra0 z? Optins 2 Faw Bra purposes Cf Parap -spb 33 ewly, Buyer sgtees to accept the Propoaty with rho melts of any reparXs) and agrees to 2J1 x12 the RELEASE in pungtaph 27 of this Avocnicot if Bee tote! edst to ConM the conditiom stated in the report(s) is less Mw 242 zis S? (SO if not weci04 (the °Dcdactibla .AmooaY"}_ Oderwise, all p wAsiows of pwagr" 10, Option $, sba)l 233 23o apply except that gclkr will be demiad to have satisfied ttaa Berms oaf Bayer's Proposal if Seller a gm= w txrfwM Owtudom 231 xf5 or o2Fcr cwxtits Amb that the etounlalive can Of Mw uncenwod or urAnditod canditimt(s) is equal to the Dodmale Amount 239 t3f Sayer xrtitialax A" Pagr 4 of la Seger Initials 796 Revixd 9195 237 ' 2M zm 246 s" of Z43 2" 415 m a47 2p 2" 2" 251 w 20 251 255 2se 13. 257 On tits oat 2p 21. ?65 216 4F7 iw Of x78 zn zra rla ttl x75 1Tt 211 271 aeo 281 m II. 254 211 Oaf 211 2" sat 297 2" 205 296 m. 2101 m Sat (H) If*8 lowemon wmb ach" i oe0l Bayer. at BMWs *Tonhm% any M[Id. On Cmd%vaey hiried, obMirr s Proposal flnm a wood. des ooyba pea v 4d r ids applicator to heat dse Proped y (C) If ttw fospoaaon raresk dsmaga from scan ar plwAm mom(s). Bum at Bayer`s ospaose, army witib tie Contingency Prrisid, obteur a initial utaperd grade a pmfm imd costmetor, home bmgmclw or sI n A - r+ I atpoom 6W is Ti Med to mucv" damage to is Piroperty car=ed by "ood-cidgmybg oegeaiam0 and a PmpmW to ropair andAm trot die Property. (D) If Buyer is not stdsicst wide dc coeeitfaw of the Plopexty m sated in lice waritlea impecdioa npoti(s), Ovyar wrill proceed under one of des fol- jvwiesi Options as fisted in pampapb 10 witilra dw Contingency ?rulab O option I , 0 Option I STATUS OF RADON (91." (yes bhmi*m A%&WAg Radon) (A) 3Wet band ass lavowled a dA: pao4tooes sun aboome of tados ennead cbockad below: O I_ Seller ha0 imvarUodgt 16R Bet ?cuprsty wvarr fantod rsa tie dated, M' Iba eo0dloda k s , ehaooai earlisgsr: alpltrt estrok, c1o), and vrith the tesalts of an lab ioduarlcd b* w: DM TYPB OF TEST' R6'SIAn (OkoCorieffor or wocidog kwd0) w 238 279 240 2.t 2!2 7.7 z.. iss 2". 247 m an On 251 20 zs3 zs~ ns m 2P 458 299 2G1 261 Iii O 2. Seger ids ]awwladga dsat tlra PcopeYt)r ttndeswtrslt added ledaxiala awes on the date(sy lmd by the leelbod(s) indicated bdo+w 2N DATE RADON REDUCCf N Aa-f W 261 20 40 COP11%CWAMAVAU ABI.$tMREPOM waltbeddWarodtoBwywTA this Ap>MMtsELLMDMN017WARRANT 2V BM M TM M EMOM Olt RESiMM OF TM LIES IS. 21a (B) RADON W8lECt7tFT Ira O WAIVED. Bwyw bn the opfm to haws lac p.vpcay nvpactd fbor.a W by a ceetifiad iarpect= BUYM WAIVES TM OPTM dad Vc vgtv tide RELEASE ip peeagarph 27 of this Agmen mw- m _ Cootingmcy Patiot -days (13 Can wocific d) fto tlm E7oewdva Daft of olds A6iac ncnL m Wiam at condageaey Pe bw; Buysr, at Buyer`s eaepetsek may obWa a cadet Zest of 1be Ptopetty fmm a ccsk d M*Po for If SaRerr V3 pacfotcm any tided rastodish . Sailer will provide Hayes a cmdficW= stmt the rmtedbalion was pofocnaod by st property licensed and 274 ccfifiod on, nr 's- fi m ! company. 276 t_ If me wrium hest egxrtt teeth fit press m of zWm brWwr 0.02 wpdoies k-wh er 4 piwCwiwAiter(4 pcuL.k Buya a=cpts dye: m noperty and apses go dw WMEA.SE in pasnpapb 27 of fik ApommL m 2. If dw wrritfda lost P*Wmvnk Me pr+elawx of radon at oremearbag GAZ vmking kvds or 4 ocoCWi=Riia(4 pG/L)k Boyar win zee proceed under ace of the liulkrnioX Qpdoos as fisted m pazapaph 10 witiia fire corelirgeaey Palo& 479 i' option 1 no O Option z 281 Sf AXW OP''It+ATRR (l." Z82 (A) S0rrztiprasadr dot** Pr+opdaty is served by., 217 Arbik Svreer 2" D . on-sw vAmr zw 0 ca+uemnily water ZIPS 0 None 2aT O 201 (S) ?? ? MKViCB D'?ECfiOI'1 COhT><>arG1 C 489 AiVEb Hayr ba icopel wbvmmtraposianoflbeapaUV%udorgoaatityefftew uwsyxmmfordwPn w* BUYfXWAYVES 290 THIS OP71ON sod mgreres to the RASE is ga b 27 of 16is Agmea at. 291 O ELHCM Conangeney Psio& days (I5 If not spedSed) seas the Pxconaon Date of dds AVv m cnt 2" 1. wltbb me cawdogaaq retied, Hayeq at Baya's aptlot; may obtain au iaapcotiora of the gowity and/or quwvdty of the water sys- 213 gem 6oa1 a pmpaly ucwg ed of odaerw wt quids iad wgnlc:ahrel) gulling Qorrupaoy 2% 2. tf negnued by their , I A 1 m company. Sella at Sdbe'1 rcgxmru V081 locate and provide acmm to the on-site (or individual) water gas syasear. Scum also ,pram to. rsrteae the Property, at Seller's prior to s cubemeaG 496 3. qBge is not Ardis W with *c cooditiva of the wafer syosm as aftwed in the vvsitaen insp Wou repoe!(sk Suye r rill proceed wader 497 of the foHawkg Optionsaw listed in p in V , 110 %*War the Cry Pesrkd: Ion Op4ew X Z99 O Man z aaa oat Bayer lafttab= Q?- Vjjy, MM EWMSTATIOIq MP9VOON con In?claNCr (9-" O *AiVED. tpaytr hss + option to taole tie Propsaty itspeeted for wvodi i?aiisstatiaa+ by as itrapscar c adfied as n wood-dco oyiag pem pao- ddo rgplicaw. BUY13L Vt UVES THIS OrTM dad agrraw to &a RELEASE in parspapb 27 of do Ap muwo. MZC W. Condag my Puck L- slays (15 if mt spadt o boat at Exa vdw Dltoa ofd Os Apcmn ic e ' VIUM" suns C emy Perfod, Buyer, st a" W's expanscmay o6taiw a "WoodMaatroyi t Land Iwfamsdon Inpp xdow PAVoiC spplialur and will dc*wa ft acrd ad s gj artitre3 dnannamr dad dnrwhW pm- d aWooddvtroyat(e Pwftl y .mannaao iaapscloe oaiti$e sa vided by $e %Wmlor to Seder mw seport is 1D be made sdidacgay to and in aorrrp6wme w+fb appNeWs bays, machgage lender ecquirCrrrG. wWAYr Fodcxd Inswims and Qummambs Amy lvgmitaaaMs, if auy. Tire wwapatioa is lobe 11 1- 11a all tesdily Visible and socammIgo wow of srtl rn the P nopatty alccw Alt linens sad lac tbllarv+ag sgrsogaree, vrltidl VIA dot be inspected: IWAP T AM-R Pate 5 of 10 Slier Iolaals 301 Revind 9105 3w is. sTAws OF saw R {9-05} 287 (A) >tnt the Properly a nerved bp: ? 3k. Firbiic 3aerer 3t4 316 O bsdiviOeasi On4ot Salvage Disposal Symm (sex Sewar Nvdoc 1) at5 M ? lndrAdoW Ch"ot Se.+age Dbposai System in Proximity 80 VJbU (900 Sewage Nodose 1.300 Sowep Nat= 4. if applicable) 106 30e 13 COMM403by Srw*W Disposal System 3a © Ten-Acre Per.. Examptioo (tee Sewage Notice 2) 319 301 O HoWwg Tank (sex SawoV Notion 3) 3" 319 O Now (see Se wav Notice: i) Me 311 © Nacre AvailabidPextnit Linumons in Effect (ace Se wW Nods 5) 3tr 311 Q 314 313 (8) VUW ON4.Or SEWAGE DOSPOSAL MMECYi01ei CONTMENCY ,VAKAL 313 314 WAIVED. Buyer bas dw option to bave an isspe tioa of lire individow on40t se nW 4r3ptasei symm far the Property. BUYER 314 313 WAiYFS THUS OPTION and sgtees to Ate RELEASE in pwagapb 27 of Ob Ai wasont. its 316 i7 ELMCM CM608e»cy Peaiork days (15 if Pot Specified) fiew tlrt Excentift Dart of die AowneuL 216 317 1. Wdhb the Coatlngemy Pw d, Boyer at Buyer'6 e7ipeens c may abtaiu as ivAgmctkm Cube h4vidual dolor ae ws®e dosposd sya- 317 319 turn fran a qualified, profiessioenai i )IV - .11r 31a 319 2- if and as regained by tltc infpecdm coorpaM ScMar, at WWS axpeatse, WE locate, pewide access b and w" tTtie *WWdoal on- 31D 330 lot sewage dapo;d sy0an. Seller will also restore the Pmpa% at Selkr?i etpcmr, prior to swerawL sae =I 3. Nthe i?potion report revaais deteoets fiat do rat ree3aie er?armiow onrpleoesaaa ofine aciatlAg ieerTrnidrtaT dr-bt sewage dt3poool mn art ayslcu% Brryar v"It ptacaod mndw vale of &e fAmfng Options ss meted m prra@mpb 10 wOfis t1wCon aagtaey reried: m 323 i3 option 1 323 n2a 13 Optiar 2 32a 325 4. If the inapecdon report mveaft the heed eo aMawd or rgAxw the p[laft "vkbW on-Tat 3emsage apposd system. Solar nra1. 323 us wibrin 2_ DAYS of receiving In aspeeimn r rAK subaur a WdMw Caoerlive prapoad ('Ptuposer) to Buyers. The Propwal ass 327 will araduda, but not be limited lo, tba nacre of the c ompe ty to pmfbw Nee Sao of prirrisacaoa fix payaremt, tlacfad- 3r7 NO mg teteso; tad a pr0ji cord cprnpledon daft for concede am m Wok ,-„^ DAMS of r ccivirrR Seller's PrOposuk or if M sea - an Proposal is provided w4dtis the tbw tom. Bayer will notify Seller in writing of Bvyarb dxmz ar 329 M a. Ag me to the leans of the PcopoW, if any, wbe reupon Buyer accepts ft Property and ap7M to the 1tE1,EASE in pai>Erteph 27 of 120 331 fts AVftweu4 OR 331 332 h Tamaoe this Agroctnew by warm notice to Setky wide all deposit morns retuned w Buyer scoording to the team of pars- #2 333 graph 30 of this Agmancnr. 333 3x4 c. Accept the Property and Sat eatbW& system and agroc to the RELEASE in pwagtsph 27 of this Agreanw% nod, if nxprtirod by ate 333 stay mactgpW leader and0br any $uumminei7lW authority, oaerect the de fimn bdeae seftk nest a wftin the tine mqukW by flit 33s 336 awMp ac Tamar aood%r gaveaw a W mAordN at Buyer's sole expesse. n d -0 permitaion sad access m ere Propaty given by = 337 Sell= Permission and apes may nil be waremsonably wi&beld by $dim IFSollcr duties Bayer pwwAp iaa wAior sexes to Coo, Ur 339 trod !bc deftK Buyer no% witb 5_ DAYS of Seiko's da dsk tmtow I tbi9 AV=mm by written notice to Saks. with aR 339 M de podt monks returnod to Bayer socord ft to dw ferns of peaa®raph 30 of this Aoradment. x39 3a l6, HOW WARRANI7ES (4-05) 3" ant At or bek ee seWemeat, ddr-r psAy may have the opportunity to pumbew a home waeruity for the Pngmiy (roar a t Am4mrty vendor Boyer and 311 34 Seller understand that a homc warranty for the PropaW does soot after any disclossre requirements of Scher, will tot caves or vmn d trey Prot- Set 193 a detwe defecate of doe Property, end will not ohm. waive or attend nay pravisicas of this Agreement n awdi ft hrspections or ca floes dot in 344 Bvyet hw deaod or waived as part of tips Ageaemeot. Buyer acrd Se•.lW oWerstand first dw ticcrasce, too= oar morgM tender who areas the m4 30 horse warranty may possiNy receive a fee paid by the home warranty oorrtpa»y. us m 17. ZONING C ICATION & VE MCAnON OF USE CONTMEMY (445) 316 sal (A) Fwkwo of this Ago mreat CD eonre+in the zoniog dassificadon (ccxpt in racers wbow Me property (and each pared dxawf, if =AKVvid*k) is 3cr See toned solely or primtaily to ptamit ' faaily ,Inidable net Buyasaptlor, and. if voided. any e)apo aita Sea se9 eeridered by the Buyer will be action. 369 ue Tm bg i raw n: 30 351- (B) Contingency Period days 7 if not wwgic d) fieom the Execution Date of this Ag roc roent. 2s1 362 Whoa the Castingnmey Petied, Buyer, at BuyW3 cxpcrae, may verify that the i , x t v9c ( i $z 39 of than Property is permined In the event the prermt use i$ not pamitiod. V" will, rrithira the Cowtirrgarcy Prarind, give Seiler Willie 3w 351 notice dw the prawn use of lire Property a not VCMdded sad *at 9*)W will tee 3% 1. Accept the Property and agree fo dc RELEASE in perspapb 27 of ibis Agre mmo, OR, 166 3w Z. Tmmim to this Agrtonmf by wrtum notice to Shcw with all dapo3it aromas mbni3ed to Buyer wwvt og b Qrc tams of panaZmph :t0 of 3% 3s7 this Agreemem 3s7 358 If Buyer Adis Me respend withia this Contingawey Feder or does sot teroeinrrt9 Nis Agw*eArdnt by wrwM notice to WW win" drat 3af M time, Sayler wit eeapt the Property and agree a the RELEASE ire pairagaph M of this Agre ewwvt. 359 299 is. MO1 ICEM ASSF,S3TAVM & CEiLTMCAM OF CICC PANCY (9-053 30 M (A) Shcex><cpeosaatc, as ofAredateSoler 3igaodibis Ago cement, that tto p?Tic imprprearrCeK, aoadonrieiiun arhoearexnatp easfocation 36t 362 have been mode agpbiurt rho Property which racraie weperid, sod Moat ra encore by arty gpoveonarat or public aWboj* bas been saved upon Sdira w 363 or anyone on Scqer's bdaetf, inc>url tiolicp aetatirrg to violations hoasi? baileRng, mdbty or fire ordinances Ant nwais vneor- 263 3a4 rapaocg, and abet Seller leilorvs of oo coredi tot rem unconrcted, o0lcas oftrwise 3u 363 Specified Here 3" ass (8) Seller kmowa of no otlw poteda" wicce ( ) audbr awammm r as Tlawa no 3s7 367 368 Brayer llattbrla. A!5-[t Pate 6 of It Sever latthh; _ 968 I Revised 9(05 3E 'tW m ithe iciest atry mum (tett:Atmng .iutatiolts) mulft a are mcdvW AN Seller has silted des Agmeemm and befiue setdtare m ma 319 Se kr -711 provides a copy of 60 notices and/or MMMMKNU to BuYtt and -M "G* DIV" ;o w wg wdlyty 5 DAYS of receiving the vs 3Tl notices MAW acseW"M teat Sever well: trt 33Z 1 _ Fid1y casnoy wib the no6m aadkir *Sx`s nM* at Sdhw s tatpcn7, bclbirc settlcmeat. If St kr MY complia with 11n wd= auftr lit 3T3 ,. Buys uxapts the Prapa yr and -8 v ac to dm RELEASE in paragraph 27 of this Agreement OR in z Not eaaVIy with die nouoes aodlor me nm 4 NSt nw dfoaM not m comply with fie notices sed/ar . or bas w fro 374 37S li~ 1110" to "" 2"- wirehair SO Mir -M oacapty, Buyer Will rt bt Sonar 1M wrttmg -*&bh _J_ DAYS &M uayhar Will; 375 3T6 IL Comply vh& dte mum and/or suasmeats at B rjw% espy, accept the Prope tg and agree to the RELFJ E in pw%Vaph 27 of 370 3n dris Ago==% OR 3" 37t b. Taminae this Agreanalt Ivy vrrittcn 4fotiu 1 w Selie , with till deposit I r -i ' s repanod fAoBayer acoofmg to the tergoofs g1ja rm 379 30 of rifle Apeement. 379 av N] to trtpauA .rabies efk Aare sated of parade li (Ci (? 4fr tahg9 eh? teaal,aae 6 Aglttahaatrt lrlr wtiltew wee to 300 Mt Se ft wft b liar thoQ Boyer w N accept Ere PnWM and arm to the RIE: AASIK itt paragrapb Z7 of uric Agreement. 391 382 (D) If ttetltths+d by Iaw, whldtt M_ DAYS sum me Exw4d=Dtae of dlk Ageemt3M Lute in not note lair than) 3 day0 piano mgdanaft. Seller 322 303 wail! ordo at Solo's oXpcnse 41 artificxtion fmcn tits apptopritot apjxddpd depotuuad(s) diseiosiog im)6ce ofany isseortected vfdiati0irs of ace- 303 3M in& Lousinb buildirfg. safrsy or faro onforu rAw arl^r a as ifi, , I w mhitticg aoeepsaW ofdw Property. If H07W gives a rabic of any alt M requited ryniral? Boyar wiN pronVdy dervtw a eelyy of ft notice to Scom 305 306 1. Wbfim 5- DAYS of receiving notice fmat am muMclp Wow repai whop ovcnrclrts ayes rcghured, sans .via a t?Fjr $re?r iswrit- lots 387 iag drat Seller will: t 397 use a. Make are required _ %dic 5160 KOm of *9 wwwi rdlty. If Seller tmkes the re" bed tepa'atdiroprvvenreats, apt 3" Buyer accepts lbe Property and agnm to tie RELEASE ie f l v y nplf 27 of oti3OR 309 no b. Nat makc 6c; rcgabad rt.flaitatLshprotrsntratts. ItSdk[ chooses cot to mdoe fire tegttie?ed > to afa, Boyer wilt llow7 390 391 Seller in writi ft w4m _ 5 DAYS dot Bays wt's let 3a2 (1) §ihWw d1c ecysesfirnlrro woumb st Bayer's wish p udsgaai std ache m the Ptopeny Oven by Sena, which will vat 392 a8a b; vaxcssounNywidebctd, OR 393 (2) Tmwlbw& ? Eby whuo vodcc w Sctkr, whet A dwmk mantes mmued to Bayer aewva* fe tie tenrl6 of paces- 3% ZWb 396 1f B"w (Mb to iespow vHttihr ntc tint ataoed Is Ian aE (a) (1) (b) es' MIS to tesaaietate thus Ap+aeasieret by wtfltsst Notice wo 798 M tb Sgbw-Wm rivet 6004, Dreyer will aetxpt dIGF*0Periy A W 29rse is eft RILIU Ria pa4 WVb 27 9f G&AVm4wmK mw Bnyee M 3M secepee dit - of isnA ft in P4ttwm lire *elhrt0sttprsvit b aoost M a to the terms of tie -abet lptw*Ued by am ? M 39" 1 tf Seller &nia, Boyar petrf"N" tp matac the ? r?siraP/a m en ts, or does act provide Buyer access bait aafdanmrt to make 3" 400 the rt?gaired trray, widrim 5_ DAYS. kimim to d* Aaatartcat by..iaJmm notice iD Selw vjm ail &po*it mo 481 ntauics retarrrad to Btryhr accartfia?g tD the terms of paragrapb 30 ortbis Agneemant 40i 402 3. if tt aim am eoqukcd cad Sena fuls to provides copy of me vofm 4 8aya• 4d r, p iv , d is pe mV*b 18 (D), Slier will *2 Aft Pufti" IM OWN as rogoieed by On nodoc at Selkes aacpense. ftnw a 18 (jD) (3) wo aarrTrhvr aatdevf4rtt 4 404 (133) Avows to a pun k road may rei w issoauce of a tli mo par 0.0 f?'7 oce?rwT p=* from the Dep4smteat ad`Ttxmponatioe. 40 485 19. TITLE, S1lR'V1liXS & COM &_" 440 (A) The Pmpwty will be oaovgW wft good cad amrfcatsbie title as is imm- Wa try a et ptRab{e tide ttes4almee cornpaay at the reaalar raloa, floc and Am 4a clear of all liens. hs<tchanbsnccs, sod CMaDCDb, EDCCEPI M HOWEVER the folfvwwF c>ebmg deed restictloar, Uric W aavdx, 401 408 Itsbiations of ? b*UwS mOrsoburis, , gateman of t0adr, -ascroarr- visrc thpov the pvaxl; of ttfoold; and 408 409 pdvf o or rights of public service oampasiM if argp? 400 410 (I) Buyer Will pay for the folioWb : (1) Title aamck tides ia9nfnohx sttd/ar meckauics' Gen kNUMMe, or any foe feet cavOrAbiion; 418 411 (2) Flood i.rManx, fie fiMUn nee with Cdeaded ooverMA Jbirrc 6"dc"m irwuNwee, or any fen far cue va. (3) AM meat Peas rind 4„ 412 chages Paid in adveoee to moftgagc bmdc:(s); (4) BgWw s =Mnmy vMMMXM Ou3b tmd acaaals. 412 413 (C) Any ssarny or vurveya tegwral by Ow titto umun r w vwnpsny or dw abapaug auamay for jx%== "Rom b*d d=fptioa of *6 412 414 D • OPo 7 (8f ft C unfim lbueoO will be dsmoM and paid for by SCIM" Ally ZIFM Or stn vqz dMind b Bq& or requ ;d by dfe 03014PP 41/ 415 leader will be abuined and paid for by Buye: 15 416 (p) If Seft is umble to give a pw mod rrwla:wW tick end arches is imutaMs by a reptuabia titb iawtaeec eompanyr at dw 1eple r late:, as specified Ira 417 in psrsgrsyh 19 (A), Buyer wi1i: 41a 1. Accept 6C Ptvpaty wilt such tide as Seller can give, with ao change to flee pt?e 4t 7 4» A OR per. sod agfee to riot R13(.EASt: is peslhgrapff 27 of rids 410 ego 2. Tanfinat this Apteenrd by written notice to Soft with a1i depuhiit Maui= reiaued w Buyer acm drag to tie terms of pKwgWh 30 of 42Alp o 421 this Agmuse t Upon tem4ioatioh{ Sow wiq re4a *um ftyw far nay costa iacumA by Afaya Sof My MRI=does a Mbfi b mh obar, 427 422 aas4dmg to da temu of mix AErcennwt, sad for ibosc itaos speci&d in F mapapb 19 (B) desire (1), file (3) and in paragraph t9 (C). - An 42a (E7 The PvVcrtY knot a'leaeaponat cabin" as defined m the Pwobylrtads C.aasa Mdart CDde Act tmless odrarwix stand berc (see lafartn2Wn 423 424 Retpad'aeg Rev eaeonal C"x 425 20. CO MII?iIIAf MLAMMED COIt40KOPt1'I'Y (KONWAMMRASSOC UTt" RICSALZ NOrKZ (96" 424 4% APPLICABLE 427 ? APPLICAUL$: CONDO1?i11Y1 YbL 7be Prngetfy is a unit of a eoadauJW= mac is AiffimilY run by IS unit Own=' asvo&Kkm - 13407 of thfc m 420 Unife m Condowidaw Ad of Pwrtsylv>w k (sec laft ndico RgpWing Candor a and Pinned Co®vudRks) rt qr*w SeDw to tijob 470 429 Buyt r with a CerditM of Rem mid eapkac of the oondoroai4 M decLvafm (otlrar than Pla" ape pUM), The Wkws cal the Tarots sad reeula. 429 190 bolls of me ocsociddiam 431 ? APPLICABLE: 4a PL,A1hh W C MMUMY (HOMEOWNER ASSpaMIUN), Tho P9op --q is part of a pb =W mmmmky as deawd by Al 402 the Umfoun Planned Cbuunwuq Act (ace Muntfton Reguiligg C.andoenirmma and Phomad CocnarwriGes). §5107(x) of the Act 4V IM Seller 46 farubb Day= wilt a copy of the Dodoratkm (aster flan ports and plans). Ate bylaws be yaks sad regubdoru of the anuci kwN and 433 434 a Ccttficate containing ate prvvjs*= set Partly u4 §54d7(a) of the Act. 434 iss h3rty4a 7tftsGais: AX-R lade 7 of is Seller luldels- 1 &F 4M /77 Revktd 91aS 3v 4 t aaL rva.wrruvv ACrIA W IV rjmlfs+ma aaIa jtMajL naafi{ reaas, yr ?s a vrvtnn wvaqu?. -AAA'^ ?rlt,eu.t•c s/ a tnnaravna a a. -?. --'Whin15 DAYS {Ecru the F?oorotion Date of this Ap+edmgM, Sella; ri Sriit:r's tytpeme will regnest fium the amodiefion a Certificate of 437 Regale and any other doomnum me cesmy to ca *k Seller b comity with the mWvamt Act. The Act pwvxks d3a the s:soriatioe is gVgo vd to 4M provide these doamtmb within (0 days of 6W Ws mgwx 430 (8) Sdia wM p ompliy deliver to D"mr all dommom lee rived from Hier association. Under the Act. Seiler is non U*k to Buyw for the fob= of all dac association to prcwide the Cerfiftrftc in a timer taarater, nor is Senor U*k to Buyer for my fim m mt ioforn ation ptavidcd by d3c sasoci- an Aft t in the Catifficalle. 442 (t) The Act p mvidaa that Buyer tnsy declare dmAgra meal VOID at PW time before Bayer rives the assodadon docunwnh and for S days after "a rc ompk OR untdl sadenmx, whwbcrar owms S?st_ Auyee's notice to Seiler avast be it ` dbM upon Buyer declaring thin Agr+caareat void, alt 444 deposit mod= mKl be ttst me d to Buyer according to the teems of pmapagb 30 ofttas AptetaeaL a49 (D) If dlc msociW" Ma the A&M to bay she Huperty (tight of bast s MOJ)„ Ind 1ht; asaadatiaw C CrCiSes tbat light Sdkr WM rttitwbttrse Buyer for 449 easy casts manned by Buyer for any nmpe s cr owd0eabow obbarsed aecor ft to toe t of to Agocam0r aatl any emts laCWM by BRM 447 far: (1) TOMscardr *kiomraact:mW rawdanics-liarbwxsn oraryfmforcmcdbdom (Z) Moodir? mdforfire bwxmmvith us cxwm od cownw, waipc attb6dtaroe inwr ace, or any fee for cancellstim (3) App aipl fns ana d m pw peal in it mnoe w mortpW)omdw(s) . 449 27. nafi? Mt1;NANCE & FdMOF LABS tom) 459 (A) Shcar will :tea the Pn*aW, gmunds. fins acrd pcmmnd p gpMy? speciBcdW is elan Agmc mm in its paesW caoditiM normal 451 .war am tw 4KcGpeed, (8) If any system or applitoace ivckv&d in the nalo of the Pmpeny faits before seukm aL Stow V aM 452 I . Rgwk or rt piave thc,faled syown or apptiauce bdm seukarmt. OR 49 Z. trovidc prompt written t o&m to Bqw of ShcWs dals im to: e56 a. CbxW Buret A &0arm= for the fair ttaedaet vaba: of ibc lirt3od Sysim or appiimae, as aoeeptabW to the mor4pge kuda(s), if =W. Olt ash b. Not vcpw ew tgAwe the failed system or appliance, and uet credit Bayer at saulaftm for tie fair madad value of ft failed sysk m 4s7 or applimme- AN 3. IfSdiCr does not repair or tspbm the f ded system or appliarcc or agree 0 Credit Buyer for its tail awket value. or if Sdkw fails tp rwti- 4" fy Boyer ofSelier's choice, Buyer will notify Seller in WritingwMin , 5 DAYS or before senkmac wbwlwvcr rs Cmiaa; thin Boyer 40 will: ar Aebe$ IM Pmpeny acrd agree to the RELEASE in poragn+ph 27 of this Agmocat, OR 4 t atz b. TennirM this Aacmimt by wddm mt= to Sd N , with IN dgtadd nvo nim m maed to Dqw aooortfiog to the kups of pstagaaph 40 30 of Qua Agmcarrc nL 4" (C) Sella boars the rak of kmK fiam line or otwcasuftie; until 9ddc null. If nay ptopctty tarasdcd is thus 54c is daMoyed and not t+el,taoek Buyer will. 4w i _ Accept the Property in its dm mrM oundition eogntw with Om prpocca of arvy i mmince recovery, obtairnbk by Sellm OR 466 2. Tambaft this Agroeaud by wrifta nonce to Sdkw. With all deposit awmkies nettm od to Hu)w according to dw terra of pwapaph 30 of 40 this AE Uwmt 466 ZL COAL ttiMC8 (WhW*AppWesbtt) 469 TMS DOQ114»T MAY ltm Sm. CwVw TRA1i5ML ma um air ewsM TM Tn U TO V W COAL AM RX*M OF5IR! M t7taM"MV 711E SURYAa UND 470 AP,Si7U tM OR RRFPJWM TO H MIDI, AM TAE tnWMM Ott ORRq M OF SUCH OQAL MAY "AV1t IM MBLET16 ti,EGAL 40MM TO WJWUW Ara- SUCH COAL AM Of M THAT cmaffitT OM, anAwcE mAY RESttL'r vo m S[wmm cw i}E LAND AND ANY awsE, i on orma xntuc mx ON OR w SUCK tAW C113k 4n a utim i3 set forth in the manner pprided In Section I of the Act of tidy 17, 1937, P.L. 9is4,.) -Bayer acbmwlo411Ms *d Ito may not be Obowmg !hr 478 of prnlaedion agaaat subsiddtce rtxultiag from caul =oft qxn dim, and that the poporty k i nbad imm slay he prp?ed R*M drrmrac ' 474 due to mine subsidence by a unsafe contract With the owners of fim mmmmia itrtaaels in the coal. This acluto?aledBeruem is nude foe die ptngxm QS of complying wldt ibc WVviskm of $ta;ti m 14 of tits Bd11r>ti r Mute &ft idd nee and the land Catsavadon Ad ofApol 27,1966." Boyer agm= are to alam dw deed flour Seiler*%wh {feed win coumn dffi aforcmM prnvmnL r77 23. POSSEZItJM (94t5) 478 (A) Possession is m be ddiva W by deed. keys and: 4,79 t. Pbpsiod possession to vacant Property 5+ee ofdck* with an sftucM t broom4eim, st day sad time ofaretdanmeL ANMR 4e0 Z. Assignpteat of nay tto:do6 {rune(s), together vrith nay stxariry deposits sad iQacrsq#. at day seed tiwc of gctdcmm*, if Ptvpctty is leased ar set the C of Ibis Apxwcwt, voles odcrwisc odcd in thin Apt mmont, 482 (B) Bayer will aclarowledge endsliztg lrasc(s) by? initialing the lease(s) at the coooartive atf this A paataas? unigs othervrise tpeei5ed heetsiw an (C) Stllet will not Clow itib tray tw'w kaam a of MM i0g I'mm a addit mw )mnm for tiro pmp wtyr wilhout due wr am cpamd of Buyer 4" 24_ JtICORVM (9-" Thle AMmumevtt aria "be moor" in the Udioc of the Recorder of Daeds or in wy other aifm or place of public tecard. ass if BoyCr eaufes err permits this A Venn nt lobe r0ootdak Sdkr may Marx to UM such act n a breach of dds Agmea mt. iM 23. ASSIGMMUfr M4I5 Thu AV=== a bmftg upon One pwucs, their bdas. pemond np=cWdvc% Zm*tas mad succomm and to the enmt sal w6kuaW err the asai6m OUR pwties bCM0. Bayer will nut' d or assign this AVctmaat wkhm tiro wtjtjCmconaca of Shccr vdas other- - as wise sated in this Agrecownt. 4e9 26. CAWERKFKG LAW, VENUE a FMWNAL iURiSt)ICT704 (945) 4" (A) The validity and CUUMUCd9n of dds AUccmcm and rho righta and datics of the peatirm. will be gowcwW in mcmda m wkb the IV" Of the 491 CommmwcA* Of PCp"yl unw. 492 {l3) The partit$agree fiat nay dgmte oonboveay Or dm= arising uodw or in eomwctioa witb the Ageeemem or its pwfontwmzby ettlim panty 4a shall be decided excknively by wad in the atatt or federal corals sitting in die Commonwealth of rCwr lV=hL 494 V. RBI.EASB (96" 495 BwY- releases, quit dshm sad fawn disdam ea SELLER. ALL BROICEM tiler LEES, Zbwi.0'YEE3 a" any OFFXZ)t or m* PARTNER of say one of dmm aed nary other PERSON, IMAM or COMPORAIM win away be ttak by or awam b tlimw, ftTm mvy a" 497 sit daiwre, lvsssr Or danaurds, iadrrdiag, bwwt not limited 4% }arw" imiieuy aW property danrge rind sal of the oousegomcm liw eK wbeWer Oft kwwo or rm, which may awbg drvw an ps+ smm of termrita or u4bw wqp&4wrjUg jft?a rmbu, kg M pdwt M=rdr, MOK fawn or 0191 kA-1- air q-wy, eaNiranrmaubsi hwmrvk awl cweds is the hunvusmi QW.W towage Asipoaal ayltcaQ or deidamies, in the an-ate wafer serv,- we lot syaemm, or sny defect- or CNdkiams nit Hit TrsptrtP Sh"M Sdkr.>k in defftU under dw teams Qtd & AXnwm % or on vlekdm or my 501 mewl tlitoloestre'** or reguls40% this relesare doss wet deprive BWw of star ff*M to pwme nay remmili s tint any be a wsMable under isw Sri or Mnbl=This relespe wM s[edaetaettt. saw ta>t KI=C A/" Pkp 8 Of 1* Seew Irt dxb: t'T su -ow ((((( ?JJJJ UmwieaA anc •'a.. - RGE?Cl(tar?ltlria?lfil.ltA'4l(7?3] - ? A6 (A) AV mirwenwioors dbdan athwumig, plomotiaad wam* iM brochures al puns of any kW orange by Sc tr. Broke m their tiecrtscts, cu)ploy. X* sec . as, El OR' 04 a paa'UM = 310t a plat of diisAg eement itdw eat msdY i>lvorpotstod or *AW in *&Aym mgrt. Ibis Apmeta t txsorhritts We w in whole ag?loess, beftem ScUm and Bays; and there are np other Berms, obVINiOm, vovICIONA . tsptesentedom stwetscuis or coodidaos, and so in or odowi r% of may kind whoisooft anownirrg dis calk. TWs Avwncol vat sot be atttaed, amended, changed or modified except in writiwj sow $10 awcdcd by the parti&w fit sit (B) Unkn o iet w1be staled Is ddsAWemtwi4 ft7w Mae Inspected the Psoperty (tadndheg &torn s ed any pnrsewsl Fr"" ty spwdicw/y 5t1 sit rntwd bor do) Woo 11 P I tits Arvemoot or has wai+rei tie r11;ht ft do say and ogre, ti pwebase that Property IN rM PitFJ;VW ' Su $13 CONDP imc Doym wkwP sledges float Brmlwm dwA r ieessea% emlpipywgr ettricws oe' partner s have aalot tnasle ww mow' i1S 514 inere" sw doderwinulOwn of Ow sbsetsu'al sessidwo of the Fr+sprrty, 411E sge Or eestislON w[tht e011orertearfr?, ewvis+onasestal eetrritieroe, Sri 515 the pkrtmittei woes er of C oadbiuw Cdofift b tic Ioask Police the Property is dtvdNd; aw have they stack a =w*=leatl hnpeetlon of sus Sig msy sffte sI I . -S e6staiwd thereis. Sot $17 (C"') Arty npaitt tegwad by licit A6rae moot will be owupksvd io a oeorbsauidw nstwases 5t7 i/t (f» Bmkm(s) have provided or tarry provide wn icas s* assist row ed pith its in camel * wide this Ageematt sto 5» 29 ORYAWX (040 sit wa (A.) Shcabm dtC aptim of tetaisi11g aft sorrow paid by Dwya. incWdtag tba dtpowt monem sb mU Bow 5!0 S21 L Fair w ndca say addidooid payments in; sped in pw*SmVh 3. OR 5n 2 Fahlob fries or ineowgfck w1bruiedoa w sew Brolow(sb or any adner pasty idsobfb d in Ibis Aroamot conoaraaing Baycr'3 kod or W 529 Snonncid Stains, OR, $a 5a+ 3. V9odate or SO so *Maud pat= any other icas, oar OoociiWw of Ihis AVv=w t. SIS 5Z'i (6) UWkw edrerwbe cbedaed b POW W6 29 (C). Sella nary elect to retain tbow scan paid by Bayer, inctodwsa deposit moraesr sty sm I _ On amo sat a(pnwcitwse ptioa, OR s!b sV 2. As applied to Shcw%donte®es, OR 57: sea 3. damages fw each brash 5bt to (G') ]O LVI MSD TO RMB'lM St1MS ram sy Bl)]lRit.llfc[.itmm Altus MOMMSti As LMQUMMM DAMAGE& 0m sea Tt Satter cameos alb tmne paid by Boym bdwft depoek manias, as tiquWoW demean pocwwt so pmgVWh 29 (B) err (C), Buyer and Seiler s30 sat are tlolessvd f Ora t3tedter babMiy or Obliaetiori asst this Agteemtaat is vOw. Sn 3B. TXRrMRATM & RITUT 4 OF VOKW S 0415) in 5" (A) Wbao Hoye ftnW rdes dds Apeemm pm mot to may right gg -I, fry Wis Apowsoo , alt drpos t mono paid on owomot of y - P-Lase pdt a = $34 wiV be res and b B%w acrd ltnitAp musist wig be VOID_ The bro w bWftg the deposit monies ntay only rdavc scamp oeb m mks aeeotd• sir sm ing ac the tatty of a crafty Gr nmd writaa agreeneat bdwcm Hay= sad SCOW and as pe aided by Arc Rake Sad Regwbtions off w State Rag sit so FAN C.ontmistaoa 3X 537 (f) If there is a threats over 0*11 orornt to deposit nwaies, a broker is oat kgaly permitted m dektudae if a breach oouared or wlsida paq }s tots- sty 53s tied t0 dgwk mama. A Inaba bas SM &c dVmk tomes is required by the Rnk s mad Resdat m of the Stare Ream Bsow C rnwomian do 530 sm rCSraia the i0 caROlor isrtlt 1bC e>isp is tao)vrosl is ?c onrmt ottitigptiaa ervter depogtntaoica, a btoir wrp &bqa tc tote teottjee soaerd- tit sro isg so the knits of & find =*raf coact or a rsaigea &gdxvww of the posies. DUWmod Seikr ogsac dm; if mg btaim a ad algid Ne mom is so sir JOIN d in lbtiga W "W111508 dnppsie . the AWMays' fees NO costa ofsbe bonbs(n:) and heats (e) vnR be paid by doe P' yJ $tiom Si sa 37. i MA, XSWZ JWC V=FUNf-0) s 34 A Rest Eaft Rocovaty Flood cpdm to tdmbmse IM pawls wbo bm obadtted a foal CMI " pdptnent apbatt a Pensmylva6ia real exbte liceos0e 5o 1S S" wisp w Qaod. tdaepamantioa at rim, ocit b s seal agate tratwctiom Sod vbo havebeam taa*k to ooUm a the judoom altar aadnsftall Iepl S44 so cord suable resnedom For aomVick desads sbolot the pwd, ail (717) 783-36$8 or (>DM 822-2113 (w Whiw Aconsyhonia) and (717) 7834WA (out. 54 510 lido P?psylvadak { 34c sir 32. MBDLATION 04$i) sir 3iet (A) UJAM Obwwiw checked lot pwtapapb 32 (M Hotpot' and Sdkr w81 sabunt a U Mpdw w rdaimw that wise froth olds Apmenaa * tp mod'w dm sot S49 61 aCCordanta: wiot She RWU and Pwc edum of tie Hoare Sdkodioms Buyata 069ft Rwokom gym=. Any ap+OM ort mo&W yet hero rrrodia w Sad skapod by the parties wig be binding (see bat'oet mdm R wrdiag b4oft icsa). 5" 461 (B) Boyer Md Sdkr low tmcdved, snag, said milwtood dw Rtsks and Ptlooodw Of tine Mmme WWM&mC t3w s Uiow R==bas Syskam. Sit dw (C) mil' e m ssadett: deposes a daittes atitaag Soar dusA6asessalt w? srrvi a ataWwataat 5S3 (V? O Ati6DIATWN 69 m7w. Hum sad Sofia andwaand dw dray wy choose to aoedimse at a )attar dale dwdd a disease or aisle. amiss. 537 554 but that ibere welt be nei'ob§pdo11 for any prvty sir dO W. 954 ss 31 R>iM MOIAL UAU-> rARff H4 A W RUUCTM AC r NV r= WAquirial f r pnoperou boat b& 0 IM- SIS 5w 551 i,an"ased PWO Aawrds Dbdlosnas ft9R reweses: The Rcsxkatial LdmdaaW Pout it trard Redaction Air tequbra atay relic of prep- eriy builtbedbre 1978 b P w4& the buyer with in HPA q*roved bead how cis itdoanstiou pasapinbt fitted P?otsd bur Faatfy jiont Load in Toro- 596 W lost 1 `locum wed to diaaloea to dos bpyer- wad the bttdar(s) ft fanowa ptmcttoe Of leadr?b Wit pout aadAw lad4mftd post boards in or on the prvpar in so ty beema sold, 416116 with duo Bobs used for ddwv isia6 dodo btnrm& wrist: the klcad n of the baz ts, sad doe candittan Ofpainoed =fOCes. in sec Asy se llw of s pre-t97'8 snnsdrae itAW •bo provide the buyer wiibuW fOCOR s Or ropotis avo l"e to dm mile: lead based rcg:r?sq p.irtc sod/or 9io Sit W"buoed paid bow& is or a bm dw property being Gold, tfsc eossamonn w a& a Udw M"ert dt el ings to =W-hmuy horsing. Beam a go/ sir buyer is obligtted so pr-abtse twty housing eon*udod pdw to 19M die Act tmqubw the setts b ate time Geyer l(I days (mdm imyer, sod Sell- yea so S54 er Wee in vdit W asolor time period) b e a Ti* s=wain or baaspoctkm for dw presetrce of iced band pWm and/or taad-baood paint ),wards. 7710 opporQNAY in oaa/doct a risk osw2smant or inspection may be wairvd by fbe brayer; ire wdtftlg, Nddw tatiag am abdemest is cis 594' sill MlogWmd of *9 sdkz: Haa:ig Wilt in 1978 or fats is ant aarbjoot b the AvL so sty Q APNJCABI.E. Piapaty was ka im 1978 or hart ssa 5117 APPLICABLE. Pmpcarty was bola becoee 197& BrNoer aaost att*& the Lewd-Based Paint Umwis i bdosw v awd hapeet7ioon 3P we Ca NSISONcy Addtedow (PAR Farm Ll'A) or another sempitobje first wn else it &r=wdoa regdn d by the Act, and provide ftyp' 956 .so the 1t+=PbW Protect IbrrrPaM*fh w Leadb Yaw Harr. Bv?er(>t) mast hWW bdow sues dlae7 (rare co.tvei be s deawmerrtw sir Syr - Lead-Elowd IIIW Naxstds Dbobsart; and Iaupocttioa Cattiggency A, *okm (altsched sS part of" Agre tsioeaet} sm 57t - Pmt'ct 76aw Familyjan Lead a Yew Harts 571 572 j }Mayer Iakids: ' I b Al4-R P*e 9 of 141 cWkr p ? Revinrrl ANK JACK GAIIGH R6 Clt?bee' ? 71106 Dear 14Ir IVAWOM EN 40 - lk%ILTOJWI 101OW"WaWOMtaw 4i• f'el x7053 (72yt X97-1678 (7171697-=2 FAX It in ec3eeg the: sale of . I09 Dula 11vd, Medetde.36acg. FA 17055 for Amy Ftjat&. I ua PWVWM sm "awAis i?eawasam u of this duc I. Moues m6 og*rAly a'c 5sed a 2399,900 3. We nwdvod m affee for 337S.OCA &* d1kys after being roW wMA we amt W auk at V*m sad sim mooqted by the buyer 3. ir"O open Hamm hew *ra 3 bn?ers tomkoo semsb:yer unrest ,. ThehoreMaskenau the i Inpt 39dsjmutdae(it A) S. We heft reveivW 132 jWcW R *m (s=d mad $) & We dove bee! 6 9r7 is 39 days (aKac*mms C) 7. Me was lowered to $389.900 an Sept. 58 Secmd A 0% P naaived an Gtanber 1.2006 duo saw buyer a: xoW abme (aft of SM,000 accepted) T is tu adiw ty r m s c i r&vs do sob of3h s pruperw- irem+e is my mmmoa d bbrmsfim amded, please let in Imawr. Saks AmocisPtye 6 YOLK Leader for EXI.MP40" Red btctt+e Service 21 J. Michael Sheldon Attorrsery at Law www_coun"l-aa r-law.com Sao i Linglestown Road, Suite 212 ' - Harrisburg. PA 17112 t' ' Telephone 717-657-3464 • Facsimile 717-671-1258 October 06, 2006 George Ditnoff 11 r JACK GAUGHEN REALTOR 101 Old Schoolhouse Lane ar?icsbur$, PA 17055 Meq Re- 409 Slane Roa4 Mecka"Osburg, P.4 -17OSS Dear Mr. Dimoff d?- Thank you for your tatter of October 03, 2006 requesting verification and authorization for Amy Taylor-Fajardo to sign the Sates Agreement for the above-named property. Aks per the Order of Court, Cumberland County Court of Common Pleas, issued on August 03, 2006 by the Honorable Kevin A. Hess, the above-named property may be sold and Ms. Taylor=Fajardo may sign the Sales Agreement and any related documents required for closing. As per the Order, "any proceeds front the sale of said heal estate shall be escrowed in an interest bearing account held by the plaintiffs attorney, with no withdraws to be made therefrom absent further order of court or an agreement of the parties." Consequently, it is my inteaprexabon of the above specific language that any proceeds are to be delivered to Ms. Taylor-Fajardo by way of check or other commcrci,a 1. instrument in her name and she will deliver same to me for deposit in the court-referenced account. Regarding the other document you included with your tee, spae. ffCORY the Iitauly 0f information concerning the sale of the residence, the letter that you provided outlining procedures and progression of the sale is fine; however, the Court will require that the letter be notarized. This is due to the exact language of the Order which states that " In the event that the home is sold for a lesser sum, the listing agent "I execute an affidavit to the effect that he or she has used his or her best efforts to sell the house for $399,990.00, but was unable to do so dc.*te said best effirts." From that language, I swrnise that if you were to revise your letter outlining the procedures and progression of the sale of the home, you would include in the last paragraph a simple statement that you utilized your best efforts to sell the house for the listed price. If you would be so kind as to include that in a revised letter and simply have that letter notarized, I believe that would be sufficient to satisfy the Court's requirenent. M N George Dimoff October 06, 2006 page two Thank you for yow kind assistance in this matmr. Please feel froc to contact me at your convenience if you have any fiwtbor questions or informational requirements- My sincere congratulations on the sale oftbis property. vlY chapel Sheldon JMS/ekc Cc: Amy Taylor-Fajardo file s \CK MEN "'AlIG H EN REALTOR ERA October 10.2006 Dear Mr. Sheldon. Reference: Sale of 409 Darla Rd, Mechanicsburg, PA 17055 Mechanicsburg Office lot Old Schoolhouse Lane Mechanicsburg, PA 17055 (717) 697-4673 (717) 697-0822 FAX The following is the progression and activity concerning Jack Gaughen Realtor ERA and the sale of the above property for Amy Fajardo. I . Listed house on August 25, 2006 for $389,900. 2. Two showings with one day of being listed. 3. On about September I, 2006 received an offer from another broker and their buyer for $375,000, offer was not accepted. 4. Held two open houses, both in September, about five couples carne to each, some neighbors, no real interest. 5. Advertised in the Patriot News and local Guide Magazine. 6. Listed on internet sites era-com, jgr.com, realtor.com, openhouse .com 7. Several hundred Internet views recorded. 8. Seven showings of property by other realtors. 9. Lowered the price to $389,900 on September 27, 2006- 10. Advised previous broker with the rejected offer of price change. I I. Same broker and buyer wrote offer on October 1, 2006 for $380,000 and was accepted by Amy Fajardo and that date. Jack Gaughen Realtor ERA and I utilized our best efforts to market and sell 409 Darla Rd, Mechanicsburg, PA 17055 for the original listed price of $399,900. If you need further information or have any questions, please let me know. a3 Si George Dim( Sales Associg ND?I?t lAt ?E?tet L Your Leader for Exceptional Real Estate Service rellifrg • brrying - finamcimg • "raiment • title - warranties owned And operated by NRT Inc. www.igr.com H InJ 0 N-A 0 0 ON ON ME NON Jack Gaughan Realtor ERA' Member Broker Commitment to Service FOR: , - F?`"oo ADDRESS: #01 D AA t 4 " ')" 66 WIC5 -Au 70 S'g- The undersigned agrees to perform the following services to market your home: 1. Prepare a good-fait estimate of anticipated expenses. reflecting the estimated net cash you could receive based on your requested price. 2_ Coadsut a prequaIrfrcation of prospective buyers before showing your home and endeavor to have cooperating brokers and agents do the same. 3. Assist in arranging affordable financing for you and the buyer of your home. 4_ Make a comparative study of your home based on similar sales and competing properties to estimate the probable selling price. Offer application assistance to qualified buyers for necessary fencing. c' 6- Contact you Orly to report the selling press of your horse. '7, f? Review your competitive selling position every 30 days- 8. Offer you a one-year ERA HOME PROTECTION PLAN (HPP)* which protects you against unexpected repair costs while your horse is for sale. A fee applies only if you choose the optional heating and air conditioning coverage. 9. Provide information on SELLER PROTECTION PLAN (SPP)* coverages which protects you against unexpected repair costs while your home is for sale. 10. Supply information on the ERA SELLERS SECURITY` PLAN (SSP)** house purchase and equity advance program 11- Offer !Membership in our ERA-Select Servieess"program, a one-stop shop to find providers for your home care needs. (www era com/eraselectservices) 12. Pbotegraph your Horne for marketing and promotional use. 13. Submit photos and description of your home on JGR,eom, ERA.com, and Reaitorcom 14. Provide you YAM a national referral service to assist you in finding a home in another community while your present home is being sold. te ENT TO SERVICE. If Jade Gaughen Realtor ERA fails to perform all the services in this COMMITMENT, you may :- terminathe sole re medy for that failure -the Fed Lisfmg ils COMMITMENT as long as you es 1' w 1>rruttzn uuottce of your intent to berrnivate, citing the specific breach of the COMMITMENT- .-Tact: Gaughen Realtor ERA will have 10 days to cure the breach. If the breach is not cured in 10 days, the Listing, Agreement shall terminate, and Jack Gaughen Realtor ERA will unconditionally release you from the terms of the Listing Agreement. This COMMITMENT applies only in connection witb an exclusive auithorization for at least 180 days to sell your home. If any terms or conditions are prohibited by law, they shall be considered deleted from this COMMITMENT. THIS COMMITMENT is given by Jam Gaughe n Realtor ERA and is not a commitment firm ERA FRANCHISE SYS INC. Each Jack Gaughean Realtor ERA Office is Owned and Operated by NRT Incorporated and may not enter into contra behalf of ERA FRANCHISE SYSTEMS. INC. 'HOME PR07EMON PLANS (OPPISPP) are serAce contacts covering repair or replacerrent of the working components of a home, sit to deduc W*. CAUTION: costs, condift s and W hifations apply. Ask yaw ERA Real Estate Professionals to review the dens Will You. N0111W ERA Systems. inc. nor its armed eonhpanies, includi g Cendant, provides any product and service in connection with the borne Protection Plan. AN pre services are provided by Aon Home WhrraMv Services, Inc. -ERA SE r OM SECURITY PLM (SSP). Condiliiors apps the luidit g a program participation fee; house must meet spec ft gr cations, and pu will be detern*nd solely be ERA; additionally a second home must be purchased @hraugh a tx+o> w designated by ERA (mss: Seem age eo into a tong term rental property of rrhilltary personnel moving into trace hocdthg)_ Call your participating ERA Reg Estate Pit onai to review dais r: all. CONSUMER NOTICE CN 11. IS NOT A CONTRACT Pennsylvania Law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase resi- dential or commercial real estate or tenants whoa are seeking to lease residential or commercial deal estate where the licensee is work- ing on behalf of the tenant of the business relationships permitted-by the Real Estate-Licensing and Registration Act. This notice must. be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the fast time a property is shown to the consumer by the broker or salesperson. Before you disclose any informafon to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee. Any licensee who provides ypu with real estate services owes you the following duties: - rt:ige reasonable professronaTsUB-Md m'e"w c. meets the practice kku&i?s required by the Act Beal honestly and in good faith. - Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing. • Comply with Real Estate Seller Disclosure Act. • Account for escrow and deposit funds. • Disclose all conflicts of interest in a reasonably practicable period of time. U Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions. • Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise. Keep the consumer informed about the transaction and the tasks to be completed. Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used. A licensee may have-the following business relationships with the consumer, Seller Agency: Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/landlord. Seller's agents owe the additional duties of: Loyalty to the se_ ller/landlord by acting in the seller's/landlord's best interest Confidentiality, except that a licensee has a duty to reveal known material defects about the property. Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an exist- ing agreement. • Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent. A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents. If you enter into a written agreement, the licensees in the real estate comma ovsre you the additional duties identified abye .? -- under seller agency. The exception is designated- agency. e the, designated agency sectioa in this `notice for more informati on. Buyer Agency: _ Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of • Loyalty to the buyer/tenant by acting in the buyer'shenant's best interest. • Confidentiality, except that a licensee is required to disclose known material defects about the property. Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer is existing contract. • Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent. A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the sE will represent the interests of the buyer/tenant. If you enter into a written agreement, the licensees in the real estate company owe you the additional duties ide under buyer agency. The exception is designated agency. See the designated agency section in this notice for mort Dual Agency: Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tent transaction with the written consent of all parties. Dual agents owe the additional duties of: • Taking no action that is adverse or detrimental to either party's interest in the transaction. • Unless otherwise agreed to in writing, making a continuous and good faith effort to find a buyer for the 1 i property for the buyer, unless either are subject to an existing contract. • Confidentiality, except that a licensee is required to disclose known material defects about the property. COPIES: GREEN-CONSUMER: WHrrF-BROKER 4/43 n r? "LD ii` ` cr-S `..:A ` GERONCIO C. FAJARDO, Plaintiff vs. GEORGE DIMOFF, JACK GAUGHEN REALTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-661 CIVIL IN RE: PETITION TO MODIFY ARBITRATION AWARD ORDER AND NOW, this i 2-' day of December, 2007, while the court agrees that the position taken by the Plaintiff during the subject arbitration was arguably disingenuous, we are not satisfied that it, affords a sufficient basis, as a. matter of law, to overturn or modify the findings and award of the arbitrator. Accordingly, the petition of the Defendant to Modify Arbitration Award is DENIED. /eroncio C. Fajardo, Pro Se 498 Lantern Wood Drive Scottdale, GA 30079 Matthew M. Haar, Esquire For the Defendant :rlm 0-?0 BY THE COURT, ?? 5 )! ^ tii?? ? ? ,'? ° . ,,-? ?? ?? _,.r