HomeMy WebLinkAbout03-0345FAY J. PEIFFER,
Plaintiff
VS.
ERIC PEIFER, dflo/a
PEIFER CONSTRUCTION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003 -- 5~/
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
FAY J. PEIFFER,
Plaintiff
VS.
ERIC PEIFER, d/b/a
PEIFER CONSTRUCTION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003 ~ q.)~ CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
AND NOW comes the Plaintiff, FAY J. PEIFFER, by and through her attorney, Michael
L. Bangs, Esquire, and in support thereof files the following Complaint:
1. The Plaintiff is Fay J. Peiffer, an adult individual who resides at 220 West Locust
Street, Enola, Cumberland County, Pennsylvania.
2. The Defendant is Eric Peifer, an adult individual who does or trades business as Peifer
Construction with an address is 1025 Audubon Road, Mechanicsburg, Cumberland County,
Pennsylvania.
3. On or about June 9, 2002, Plaintiff entered into an Agreement of Sale (hereinafter
referred to as "Agreement") with Defendant for the purchase of a home to be constructed by
Defendant, said home to be located at 39 West Beale Avenue, Enola, Pennsylvania (hereinafter
referred to as "Premises"). Attached hereto and marked as Exhibit A is a true and copy of the
Agreement of Sale.
4. The Agreement specifically required a settlement to occur on or before July 31, 2002.
5. Under the provisions of the Agreement, specifically Paragraph 16, Defendant was to
provide Plaintiff with title to the Premises such that it was free and clear of all liens and good
marketable and such as will be insured by a reputable title insurance company at the regular
rates.
6. Plaintiff was notified by her title insurance company, Priority Abstract One, Inc., that
it could not issue a title insurance policy as a result ora cloud on title, specifically that Defendant
had failed to file the appropriate condominium documents prior to the settlement date. Attached
hereto and marked as Exhibit B is a tree and correct copy of the letter from Priority Abstract
One, Inc.
7. Settlement was not held on July 31, 2002.
8. Plaintiff decided not to extend the contract beyond July 31, 2002, and requested that
Defendant agree to the release of the escrow funds in the amount of $2,000.00 being held by the
realtor.
9. In addition to the escrow fimds, Plaintiff advanced certain sums for upgrades to
certain features on the Premises, those upgrades being a total of $864.20.
10. Upon notification to Defendant that Plaintiff was not proceeding with the Agreement
after it terminated on July 31, 2002, Plaintiff that Defendant refund the amount paid to
Defendant for the upgrades of $864.20.
11. Plaintiff incurred sums in order to obtain a mortgage for the Premises in advance of
settlement, those sums including, but not limited to, the appraisal fees; credit application fee;
etc., in the total amount of $445.00.
12. Despite repeated requests, Defendant has failed or refused to authorize the release of
the escrow funds in the amount of $2,000.00; pay the amount advanced by Plaintiff for the
upgrades in the amount of $864.20, and pay to Plaintiff the amount of $445.00 which represents
the costs incurred and recoverable under Paragraph 16 of the Agreement.
13. Defendant breached the Agreement with Plaintiff by its failure to provide Plaintiff
with good and marketable title such as would be insured by a reputable title insurance company
and to close on the Premises on or before July 31, 2002.
14. As a result of Defendant's breach of the Agreement, Plaintiff has been damaged in
the amount of $3,309.20, which represents the escrow funds; the funds advanced by Plaintiff for
upgrades; and the other items recoverable under Paragraph 16 of the Agreement.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$3,309.20, plus costs of suit.
Respectfully submitted
MICHAEL L. BANGS
Attorney for Plaintiff ~"
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
VERIFICATION
I hereby verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
FA'g ~)I2IFPER6' 6~
EXHIBIT A
A/S Residential
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE
~ PA LICENSED BROKER
AGENT FOR SELLER
, '.ADDRESS ',, PH
SUBAGENT FOR SELLER FAX
ADDRESS PH
AGENT FOR BUYER ~ o f" FAX
ADDRESS -
, FAX
src¢ cnt,
dated; ~
SELLER(S), ~ f ~ ;: ~ ,~
Zip Code /
_, is between
hereafter "Seller," aud
__
9
10
11
1;?
~ Zip C~? ~ hereafter "Buyer."
l0 2. PROPERTY (~-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or piece of ground with bqildin s and im rove
~2 ' :. ~ ~ .> g p men~ ~ereon e~cted, if any, known as:
14 County of ~ --~ ', C~C ,:_ ~,:~ ~ in the Commonwealth of Pennsylvauia, Zip Code /
lfi Identification (e.g., Tax ID~; Parcel ~; Lot, Block; Deed Book, Page, Recording Date)
16 15
-, k~ 16
~1 3. T~RMS(1-98) (A) Purchase Price ~,.-t~..~...ct~ ~.'.~ 55~'_,,~-~...~.~.~ .-:~ _..~.. ';k.}~. ~ ............ ~.~
19 wMeh shall be paid to Seller by Buyer as follows~ ~'Dollars
20 (B) Cash or check at signing this Agreement: $
21 (C) Cash or check on or befure: ' ' ' 20
~ (D) $
23 (E) Cash, cashier's or ce~ified check at time of settlement: -- --
24 $ / '~ ' ~ "" 23
TOTAL $ / '~'
25 (F) Deposits to be held by Agent for Seller, unless othe~ise stated here: --' '
25
26 (G) Written approval of Seller to be on or before: ~) :a ~ / /.. ~ ~ _
27 (H) Settlement to be made on or before: ~ ]~- '~ 2: i . ,o x ~6
~7
28 (1) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here:
~8
.... 29
30 (J) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: ~ 30
At time of settlement, the following shall be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: 32
31
32
(K)
33 taxes; rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer rents, il' 33
34 any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to ~4
35 and including the date of settlement; Buyer will pay for all days following settlement, uhless otherwise stated here: ~
36 35
37 4. FIXTURES AND PERSONAL PROPERTY (1-98) , 36
38
39
40
41
42
43
37
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumb- 38
ing; heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door 39
openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining beating and cooking fuels stored 40
on the Property at the time of settlement; wall to wall carpeting shades, b ads,_? ndow covering hardware; built-in air conditioners
btfilt-in app ances; and the range/oven unless otherwise stated Also included: [.. :. : , . :', :L 4!
4Z
44
45
(B) EXCLUDED fixtures and items:
44
5. SPECIAL C~USES (1-98) (A) ~ Buyer and Seller acknowledge having received a statement of their respective estimated closing costs before signing this Agreement
_./of Sale.
(B) [~ Buyer acknowledges receipt of Seller's Property Disclosure Statement before signing this Agreement, it' required by law. (See
otice, Information Regarding the Seller's Property Disclosure Act.)
(C) kg Buyer acknowledges receipt of the Deposit Money Notice (for cooperative sales when Agent for Seller is holding deposit money)
before signing this Agreement.
h:ilt,,Jbi~,~i k\l :'|T//I'~'~I, IA ! ;NOTiI~Es' )/.ND INFORM,~TION
i - -: ............ INFORMATION REG~ii[/Ilq~:~Y}ig'$EELgg,S PROPERTY DISCLO:
Gene~lly speaking, the'Seller's i>roperty Discl~,~bre Act applies to any sale, exchange~ installment
an interest in real estate.where not less than on6 find not more than four residential dwelling uni
have i0 be made and delivered in a form defindd by the Act, before an agreement of sale is si
The ACt defines nine exceptions, Wh~re ~h~ foqn does not have to b~ Used.
I1. -Tran'sfers'that are the resUit}ff a cou[t order. - '
!2, i. 7Transfers to a mortgage lender'that result from a buyer's defaul
3. Transfers by a fiduciary during the administration of a, ip,
4,.~,t.sTran~fers .from a co-owner to one or more other,
5. Tra._n~sfers made to a spouse or a direct
Transfers between spouses that
7, '" Ti:ahkfets by a c0rporati6n tO its s
of new const
a. The buyer
- b. - Thebuih
9 or trust.
In
interesJs
the default.
m tO buyl or transfer of
ain disclosures
~g the construction; ' .
the applicable building code or, if none, a nationally {ecognized model building
certi~'i~a't¢~bf code compliance has been issued for the dwelling.
disclOsure~in the 'cases,of condominium,,and coOperatives to the seller's particular unit. It does not impose
ties: those elements are already addressed in the laws that govern the resales of coudommmms and cooperative
611
71'
72
73
75
7§
77
78
711
81
82
113
8§
1t7
g2
~3
g5
97
g~
9g
lgl ,
102:
103
1~4
105
106
107 '"
11~
111
112
113
11~
(F)
123
124
lZ5
127
128
13~
6. MORTGAGE CONTINGENCY (1-98) -. ,:
/ WAIVED. This sale is NOT contingent on mortgage financing.
~ ELECTED
(A)' This sale is contingent upon Buyer obtaining mortgage financing'as followsl
I. Amount of mortgage loan $__ /.TJ. / C/OC~ 71
2. Minimum Term ~ ~. )
- _ years
3. Type of mortgage ~ ,
4. Interest rate ~ %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to 75
exceed a maximum interest rate of r) %.
5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loml (excluding
any mortgage insurance premiums or VA funding fee) not to exceed / % of the morigage loan·
The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee an 79
interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amount specified herein· Buyer
gives Seller the right, at Seller's sole optiou and as permitted by the leuding institution and applicable laws, to contribute financially, without
promise of reimbursement, to the Buyer and/or lender to make the above terms available to Buyer·
(B) Within 10 days of the execution of this Agreement, Buyer shall make a completed, written mortgage application to a responsible mortgage lend- 83
ing institution through the office of Agent for Buyer, if any, otherwise through the office of Sobagent for Seller, if any, or Agent for Seller, if
any. This Agent is authorized to communicate with the lender for the purposes of assisting in tile mortgage loan process.
(C) 1. Upon receipt of a m6rtgage commitment, Buyer and/or Agent Will promptly deliver a copy of the commitment to ~gent for Seller, if any.
otherwise to Seller.
2.. Mortgage commitment date . ~ ~O L'/ ) ~:~/ ;)~ ~,~ ~..2,. . If a wr'
A eat for Seller ' v olh~rwi¢~ h~, t. , ~_ .... - ~tten commitment is not received by 08
g , ~f an ............... ~ oe.er, oy the aoove oate, Buyer and Seller agree to extend the commitment date until Seller ter-
minates this Agreement in writing.
3.Seller has the option to terminate this Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment:
a. ts not valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement of any other property, OR
c. Contains any other condition not specified in this Agreement.
· 94
4. In the event Seller does not terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if
the mortgage commitment:
a. Is not obtained by or valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement of any other property which do not occur by the date of settlement, OR 88
c. Contains any other condition not specified i~ ~is Agreement which Buyer is unable to satisfy by the date of settlement.
5. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of purchase price shall ~
be returned to Buyer· Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation
of same, if anyi AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or
cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender·
(D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the morlgage lender's requirements to Agent ti}4
for Seller, if any, otherwise to Seller· Seller shall, within 5 days of receipt of the lender's requirements, notify Buyer whether Seller shall make
the required repairs at Seller's expense.
1
· ' If Seller chooses to make repairs, Buyer:shall accepf the Prol~erty and agree to the RELEASE set f '
' .- u ~,, ~t,m,s, ~u~,er win, wmnn 5 days, notifv Seller in writin '
2.' If Seller chooses not to make the re-uir~'-~ .:---~ '-- ,- "-,;; - . orth ~n paragraph 26 of th s Agreement· 107
'~ Agreement of Sale OR make the re,,u ~./..~d~*: ~ ;,~ . ~ ~ , g of Buyer's choice to terminate the
...,.i ..... . , .~ . ~ 'L '.~" ~c~,airs, at lawyer's expense and wi~h Sellei-'s ~ermisslon whf..~, 0~--.,, . ~ . 108
· .r~- u,--m~a~un to make me requlrea repa rs, Buyer may, within 5 davs of Seller's d ' . . lO9
If Buyer terminates th s A~reement all d .... ;, ~_. ., ~ ~ emal, terminate this Agreement. 1111
_ ~ , ~u~,~ ,,,vines para on account or purchase price shall be return ·
agreement of Sale will be NULL and VOID ed promptly to Buyer and th~s 111
(E) ?1,~:'~ Assist ' 112
[~ NOT APPLICABLE
UJ APPLICABLE. Seller shall pay:
1t5
[] $ _, maximum~ toward Buyer's costs as permitted by the mortgage lender·
[] ' ' ' · 11~
· ' 117
FHA/VA, IF APPLICABLE
1~0
It is expressly agreed that notwithstanding any other p[ovisions of th s contract, Buyer shall not be obligated to complete the purchase of the
Property described herein or to incur any penalty.by forfei(ure of earnest money deposits or otherwise unless Buyer has been given, iu accor- 122
dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct 123
Endorsement Lender setting forth the appraised value of the Property of not less than $ , (the dollar amount to be
inserted is the sales price as stated in the Agreement)2 Buyer shall have'the privilege and option of proceeding with consummation of the con- la4
12.5
tract without regard to the amount of the appraised valuation· The appraised valuation is arrived at to determine the maximum mortgage the 125
Department of Housing and Urban Development will insbre~ HUD'does not warrant the value nor the condition of the Property. Buyer should la?
satisfy himself/herself that the price and condition of the Property am acceptable·.
~Varning: Section 1010 of Title 18, I.S.C., Department of llousing and Urban Development provides, "Whoever for tile purpose of.. lZ8
· influ-
encing in any way the action of such department ~.. makes, t~asses' utters or publishes any statement knowing the same to be false. · shall be Ia0
fined not more than $5,000 or imprisoned not more than two years, or both·" '
NOTICE TO BUYERS SEEKING MORTGAGE FINANCING' ~
The appraised value of the Property is used in determining tile nlaxilnum am,Punt of the, mortgage loan and may be different from the purchase price aud/or
mafket value.' :, ~ . .
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS
U.S. Department of Housing and Urban Development
FHA Loans: PROPERTY INSPECTION NOTICE Im ortanc ,
~, ,,~,!,~l ,~., , , , ~. , . , ~ p, e of Home Inspections:
~ne u.~. Department of Housing and Orbfi.'n' Development (HI~Di doe~'h'~f warrant the value or
,, , ~ ,.,unmt,un ma .{)me. WUlle 171UL)'s F~A (tile Federal Housing
Admiaistration) program requires* ~h~ ]~hde'f ~:6 have an appraiser determine thi: Valne 'of the property, it is an 'estimate only and is nsed to cie{ermine Se ·
amount:of mortgage FHA will in.qti~'e :hn/l)f the conditioh of'the property mhkesqt eligible for FHA mortgage insurance. It is upi, however, a guarantee that
thepropert~, s: free 6f defects.", ,: ' ~ ' ,I ,. ...... : d,
As the purchaser (buyer), you should carefully examlne the'property, or have it inspected by a qualified home inspection company to make sure that the con-
dillon is,accept0ble to you,~You should do this before you ~ign ~the sales agreement (this document) or make the comract contingent on the inspection. If
repairs,are needed, you may negotiate w th the owner,about having the,faults corrected.
There is no requirement that you h re an ~s~ector If you ch~n~ t.~ th[ r,~-2 c , i.'
~ .', .... , .... , ' · ~ , ::-~¥7--,I--,,.,..,~ ~,,..at 0! me mspecuon up to ,zOO may be included In yo0r mortgage Ioau. Names of
nome inspection companies can be found in the yellow pag{$s of your telephone directm'y under the beadiug, "ltome Inspection Services."
If you b~ eve YOU :lihve l~ee'h'subject to ,ii'sd; n ~ation because of your race color re i n
, ; ~:, .,. ! .... ~ ,, .... ~ . , , ,, ........ g o sex, mndlca , familial statas, or national origin, you should call
the HUD Fmr Housing and l~ual Opportunity 0omplamt Hotli~e:~ (800) 669-9777. ' p
This statement must be delivered to you fit the time of initial loan ~pplication. Return one copy to your lender as proof of notification and keep puc copy for
yoor records.
Y°u, the borrower(s), must be cerlaln that you uuderstand the transaction. Seek professional advice if you a Uncertain
PROPERTY INSPE{
.Pr0per. ty Inspect!~n,:' , ,,A g~enera[ !¢SP¢Ction of.the ,P~-3p~r{~' ~'a,n, ~e 'l~'~r~6rh;~d~b
~nspectlons of: struci0rhl cohlpo~ents; roof; exterio~ rt~i'fido~'s '~r[d[ ¢~'t~:rJ~f i
plumb~hg~;heating;'ahd/:661ihg'~ystem's! water peneffati6t['. ~hffhny bther item~)
Hazards '(ejg:,~A~be~'t6~J Ur~forma~d6byde Foam lh~lilatibn,
Verification, Property Boundary/Square,Fo0tage Verification:
restrictions that apply to the Property and to r~view
Flood Plains: If the Property is located in a fl~
Property Boundary/t,S~ll :~
al or constructed barriers mgy or
footage
measor
aries mi'~
Water 1
may
Wood.
and certain
nsurance.
service and may iuclude
~pnuls; appliances; electrical,
tight include: Envirunmental
, Wetlands Inspection, Fh)od Plain
to investigate easements, deed and nse
surveyed and that any fences, hedges, walls and other natur-
sed that any numerical representations of square
, be inaccurate· Buyer is adv sed to engage a profess o m surve
:, : , :,. , . [ ..... yet or obtain an
,,t..?¢, , ,i ,!S ,t? make this sale cpntmgent on Buyer's approval,of the Property's bound-
service inspected by a professional water~esting company. In addition, on-site water service systems
tity requirements set by the municipality or the mortgage lender.
Insects whose primary source of food is wood, such as termites, wood:boring beetleS, Carpenter ants, carpenter bees,
can cause damage to the wood stmcture~of.a residence. Termite and Pest Control companies are available to make iaspections to
determine ' ~g insects are present. Because of the way these inset:ts function, damage to wood may be hidden. Carefol selection should
be made of skilled experts in the termite/pest control field to insure a proper determination of whether wood-boring insects or resultant damage is present.
ENV.,IRONMENTAL NOTICES
AsbestOs: Theheat-resistan(and durab e nature of asbestos'rfi'~k~'it~fi~efui:i~',. ............ £~. .......
· , , ,, ~ ~'on~tlUL. tl'Oll aha Inoustry. lne physical properties that give asbestos its resis-
tance to heat and decay hre lhked with S~:~raf ~dvemS'huma~l I~ealth effe&'sJ Asbestos can eaSil~ break intO microscopic fibers:that can remain suspended in
the air for 16ng periods of tirfii:.'When inhaled, these' fibers'ca,ill:} ~/n~tr~te bod~"tissu6'. Asb6stos is known to cause Asbestosi~ and various forms of cancer.
Inquiries or requests fed m6re information about asbestos can,be direeted;to,thi~ United'State's Environmental Protectionr Agency, 111 18th Street N.W.,
Washington~ D,C:'20207, and/or the Department of Heal{hi Commonwealth of Pennsylvahia Division of Environmental Health, Harrisburg, PA 17120.
Electromagnetic Fields:,, Electromagnetic Fields (EMFs) occur around all, electrical appliances and power lines. Conclusive evidence that EMFs pose
health risks does not exist at present, and Pennsylvania has no laws regarding this issue. ,
Environmeutal llazards: The U.S. Environmental Protection Agency has a list of hazar~dous substances,
, ' ~:: ":' the use and disposal of which are restricted by
law. Generally, if hazardous substances are found on a property, it i~ the property owner's respons'b' 'ty to dispose of them properly. For more informaficm
149
150
15!
152
153
154
t55
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
t75
176
177
178
179
180
t81
182
183
184
185
186
187
188
189
tgo
191
192
193
194
[] ELECTED
(A) Within days of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspections and/or certifications com-
pleted by licensed or otherwise qualified professionals (see Property Inspection and Environmental Notices). Other provisions of this
),greement may provide for inspections and/or certifications that ar~ not waived or altered by Buyer's election here. If Buyer is ~ot satisfidd
with the condition of the Property as stated in any written report, Buyer will, within the time given for completing inspections:
[] Option 1
ts4
I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 26 of this
Agreement, OR
15§
2. Terminate the Agreement of Sale in writing by notice to Agent for Seller, if any, otherwise to Seller, within the time given for inspection, t 51
Jn which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this Agreement will
be NULL and VOID.
[] Option 2
I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 26 of this tot
Agreement, UNLESS the total cost to correct thc conditions contained in the report(s) is more than $
2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(A) (Option 2) l, lt~3
Buyer will deliver the report(s) to Agent for Seller, if any, otherwise to Seller, within the time given for inspectiml.
a. Seller will, within days of receiving the report(s), inform Buyer in writing of Seller's choice to:
l ) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s) is less than or equal to
the amount specified in paragraph 8 (A) (Option 2) 1.
2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions contained in thc report(s)
and the amount specified in paragraph 8 (A) (Option 2) 1. This option must be acceptable to the mortgage,lender, if any.
3)Not make repairs and not credit Buyer at settlement for any defects in conditions contained in the report(s).
b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (A) (Option 2) 2, Bnyer shall accept the
Property and agree to the RELEASE set forth in paragraph 26 of this Agreement.
c.If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller fails to choose any option within Ihe time I73
given, Buyer will within days:
1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth iu paragraph 26 of this tTti
Agreement, OR
2) Terminate the Agreement of Sale in writing by notice to Agent for Seller, if any, otberwise to Seller, in which case all deposit t ~'~
monies paid on accouot of purchase price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and
VOID.
(B) Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of this
contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement.
9. ~W~OD INFESTATION CONTINGENCY (1-98) ~1
182
WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control 1~3
Operator. BUYER WAIVES THIS OPTION and ·agrees to the RELEASE set forth in paragraph 26 of this Agreemen(
~ ELECTED I
(A) Within. days of the executim~ of this Agree~nent,
[71 Buyer, at Buyer's expense. ~s~
[] Buyer, at Seller's expense, not to exceed $
shall obtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all fao
supporting documents and drawings provided by the Pest Control Operator to Agent for Seller, if any, otherwise to Seller. The report is to be
made satisfactory to and in compfiance with applicable laws, mortgage and lending insfitutions, and/or Federal lnsnring and Gnaranteeing
Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures ou tile Property except the roi- ~ ~2
lowing structures, which will not be inspected:
195 (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for active infestation(s), 195
t~ in accordance with applicable laws.
106
101 (C) If'the inspection reveals damage from active infestation(s)~or previous infestation(s) Buyer, at Buyer's expense, has the option to obtain a writ-
!98 ten report by a professional contractor, home inspection service, or structural engineer that is limited to stru~:tural damage to the Property caused t
19.q by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and con'ective proposal ~o
2tm Agent for Seller, if any, otherwise to Seller, within days of delivering the original inspection report.
200
201 (D) Within 5 days of receiving the structural damage report and corrective proposal, Seller shall advise Buyer whether Seller will repair, at Seller's
expense and before settlement, any structural damage from active or previous infestation(s).
202
203 (E) If Seller chooses to repair structural damage revealed by the report, Buyer agreeg to accept the Property as repaired and agrees to the RELEASE
204 scl forth in paragraph 26 of this Agreement. -
205 (F) If Seller chooses mit to repair structural damage revealed by the report, Buyer, within 5 days of receiving Se er's notice will noilly Seller in
2~ writing of Bnyer's choice to:
~{l? I. Accept the Property with the defects revealed by tile inspection, without abatement of price Lind agree to the RELEASE set forth in para- 77
20~ graph 26 of this Agreement. OR
.~9~ 2~ Make the repairs before setfiement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's permission, which shall
21t~ uot be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 uf this
2~1 Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement. ;:t t
212 If Buyer terminates this Agreement, all deposit monies paid on account of purchase price shall be rett.-ned promptly to Buyer and this
2t3 Agreement of Sale will be NULL and VOID, OR
;~t~ 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price shall be retnmed prmnptly to Buyer and 714
215 this Agreement of Sale will be NULL and VOID.
2~5
2t~. (G) Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of this
217 contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement.
2la 10. CERTIFICATE OF OCCUPANCY (1-98) ?
219 []/'NOT APPLICABLE ,,
220 [¢' APPLICABLE
221 (A) Buyer and Seller acknowledge that a certificate permitting occupancy of the Property may be required by the mnnicipality and/or govern-
2,:,? mental authority.
22.3 (B) If a certificate is required, Seller shall, at Seller's expense and within '9 ,D days of the execution of this Agreement. order the certificate for 225
724 delivery to Buyer on or before settlement.
246
247
24~
(B) Records/Reports (check I OR 2)
246
[] 1. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property. ~47
[~ 2~ Sejler has pr~¥ided Buyer with a~ avaiIab~e rec~rds and re~:~rts pertai~ing t~ lead~based paint and/~r lead~based paint ha~ards in ~r~ab~ut 248
the Property. (List documents)_
251 (C) Buyer's Acknowledgment 250
251
252 E3 1. Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read the Lead Warning Statement contained in this 2~2
253 Agreement (See Environmental Notices).·
254 Buyer's Initials 253
Date 254
255 , [] 2..Buyer has reviewed Seller's dis.closu~ of known lead-based paint and/or lead-based paint hazards, as identified iu paragraph 1 I(A) and 255
256 has received the records and reports pertaining to lead-based paint and/or lead-based paint hazards identified in paragraph I 1 (B).
257 Buyer's Initials . 256
· ' Date ~ 257
258 (D) RISK ASSESSMENT/INSPECTION. Buyer ackn;wledges that before Buyer is obligated to bny a residential dwelling built before 1978, 258
259 Buyer has a l 0 day period (unless Buyer and Seller agree in writing to a different period of time) tn conduct a risk assessment or inspection of
260 . the Property for the presence of lead-based paint and/or lead-based paint hazards.
~61 [] WAIVED. Buyer undersiands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of 261
262 lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the RELEASE set forth in paragraph 26 of 262
263 this Agreement.
264 [~ ELECTED 263
265 1. Buyer, at Buyer's expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or lead-based 265
266 paint hazards. The risk as~ssment and/or inspection shall be completed within days of the execution of this Agreement of Sale
267 (insert "10" unless Buyer and Seller agree to a different period of time).
26?
266 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or
269 , lead-based paint hazards, Buyer may deliver to Agent for Seller, if any, otherwise to Seller, a written list of the specific hazardous 269
270 conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. 210
271 3. Seller may, within _ days of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal 211
272 will include, but not be limited to, the name of the remediation company and a completion date for corrective measures. Seller will pro-
273 vide certification from a risk assessor or inspector that corrective measures have been made satisfactorily on or before the completion date. 273
274 4. Upon receiving the corrective proposal, Buyer, within 5 days, will:
274
215 a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 26 of this Agreement, 276
2?6 OR
276
277 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price shall be retnrned promptly 277
278 to Buyer and this Agreement of Sale will be NULL and VOID.
2711
279 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 11(D)3 of this Agreement, then Buyer, 2?0
280 within 5 days, will:
280
281 a. Accept the Property in writing~ and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 261
282 b. Terminate this Agreement of Sale in writing, in which case all deposit monies paid on account of purchase price shall be returued 282
283 promptly to Buyer and this Agreement of Sale will be NULL and VOID.
284 6 ....... 283
Buyer's failure to exerclse any of Buyer's options within the hme hmlLq specified in this paragraph shall constitute a WAIVER of 284
265 this contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement. 2115
266 (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their, respective statements, to the best of their knowledge. 286
287 12. RADON CONTINGENCY (1-98) ' ..
266 (A) Seller represents that: (check appropriate response(s))
289 [] 1. Seller has no knowledge concerning the presence or absence of radon. 288
289
290 [] 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track, etc.), and with the 290
291 results of all tests indicated below:
292 DATE METHOD RESULTS (picoCuries/liter or working levels) 291
293 292
294 ~ 293
295 294
295
296 COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT 296
297 EITHER THE METHODS OR RESULTS OF THE TESTS.
297
298 [] 3. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 296
269 DATE RADON REDUCTION METHOD
360 299
3111 300
302 301
363 ~ /WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector (see 302
304 JNotice). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement Radon 363
365 ILl ELECTED '
305
306 (B) Buyer, at Buyer's expense, has the option to obtain, from a c~i~ed inspector, a radon test of the Property and will deliver a copy of the test 306
307 report to Agent for Seller, if any, otherwise to Seller, within ' days of the execution of this Agreement. (See Radon Notice.) 307
30tl I. If the test report reveals the presence of radon below 0.02 working levels (4 picoCuries,qiter), Buyer accepts the Property and agrees to tile 306
309 RELEASE set forth in oaraeranb 26 df thic A
I~d: (For Properties built before 1978)
t"°rlL~diWamhlg'Sl~tement: :vIEvery' purcl~aser:Of~ any,intemst:in;~residential real ,property On which a msi
notffied that such property may present exposure to lead from lead-based paint that may place younl
Lead poisoning in young children may produce permanent--n~rological damage, including
" b~havioral problems, and impaired m~mory. Lead poisonihg also poses a particular
· i re ro rt 'sre uired r vdethe u er wihan information
lers possess on an~ not fy thc buyer of any known earl-based
hazards is recommended prior to purchase
' L~i~h~fl,lzardD]sctos~i~Requlremen~:,,,/13ac~;dafide,~vi~
befor~ ~1'978 imu~t'i3i-oVi'de-'tfie bfly~f'Wi~h'aii
and must disclose to the buyer and the' [eIler':
~,7{being sold,: ihcluding' the/'ba~is used. f6r
~', ~: and/or lead-based paint hazards~, and,the
records or reports available to the scl
~, ~ .m0n ~r~a~, :pr,~ther~ re~idenfia!
~,, ~mg constructedplSor to
z:, inspection may be
Radofi?}g
sure t~
SOil who:,l
about radop
prior io 1978 is
tg lead poisoning.
intelligence quotient,
' llltemst iu residen-
inspections iu the
lead-based paint
any seller of property built
Family From Lead itt Your Home
r lead-based pai nf hazards'in or on the property
hazards'eAist,' the location 'of lead-based paint
a pre-1978 structure must also provide the buyer with any
paint hazards iu or about the property being sold, the com-
:~Ct further, !'equires that before a buyer is obligated to purchase any hous-
.... agree in writing to another time period) to conduct a
lead-based paint hazards. The opportunity to conduct a risk assessmeut or
testing nor abatement is required of the seller. Housing I(uilt in 1978 or later is not
p oduced n th~ gro~n~l b53 the normal de~:a3; of ui'anium and radium. Studies indicate that extended expo-
sk of lung cancer. Rad0n'ean~fitid its why iht6 any air-space,'including basements and Crawl spaces and can
Prib~e~t 6n ~g'*ni~y (EPA) advises'eotrect~ve aetmn d' the annual average exposure to i-adon exceeds 0.02 work-
'f a'houso has~h'?adon~roblgm, it, u~all?N/an be:cured by:increased ventilatiofl and/6r by preventtflg radon entry. Any per-
~g'for,radofl:in pennsylvaflia must be certified by the Department of Environmental Protection. Information
testing or mitigation firms islavailable,through. DEP. Bureau of Radiation Prntection. P.O. Box 2063, Harrisburg. PA 17120,
327
323
329
330
331
332
333
334
335
336
337
338
340
341
342
343
344
345
346
347
348
349 ]3,
35O
351
352
353
354
355
356
357
359 '
360' ~ ~
36'1
362
363
364
365
360
367
368
369
37O
37t
372
373
374
375
376
377
373
379
38O
331
382
363 14.
364
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
2) Should Seller not agree to the terms 6f the corrective proposal or fail to respond within the given time, Buyer will, within 5 days, 327
elect to:
328
a) Accept the Property in writing and agree to the RELEASE set forth m paragraph 26 of this Agreement,.OR 329
b) Terminate this Agreement in writing, in wfiich case ail deposit monies paid on account of purchase price shall be r;tamed 330
' "' promptly to Buyer and this Agreement of Sale will be NULL and VOID.
[] Option 2 331
332
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 26 of this Agreement, OR 333
b . Submit a written, corrective proposal to Agent for Seller, if any, otherwise to Seller. The corrective proposal will include, but not be 334
limited to, the name of the certified mitigation company; provisions for payment, ~ncluding retests; and completion date for correc- 335
live measures. Seller shall pay a m~tmum of $ toward the total cost of remediation and retests, which shall be 336
completed by settlement. '" '
33'/
1) ff the total cost of remediation and retests EXCEEDS the amount specified in paragraph 12(B) (Option 2) b, Seller will, within 338
5 days of receipt of the cost o{~ i'emediati0n, notify Buyer of Seller's' choice to pay for the total cost of remediation and i'etests 338
OR not pay for the total cost of remediation and retests
340
2) If the Seller chooses not to pay for the total cost of remediation and retests, Buyer will within 5 days of receipt of Seller's 341
notification, notify Seller, in writing, of Buyer's choice to:
342
a) Pay the difference between Seller's contributioc to remediation and retests and the actual cost thereof, in which case 343
Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement, OR
344
b) Terminate this Agreement, in which case all ~eposit monies paid on account of purchase price shall be retained promptly 346
to Buyer and this AgEeement of Sale will be NULL and VOID.
346
(C) Buyer's failure to exercise any of Bdyer'~ options ;within the time limits specified in this paragraph shall constitute a WAIVER of this 34?
contingency and Buyer accepts the Property :ind agrees to the RELEASE set forth in paragraph 26 of this Agreement, 348
STATUS OF WATER (1-98)
(A) Seller r_~esents that this property is served by: 349
Id Public Water 350
[] On-site Water 351
[] Community Water 352
[] None 353
~ 354
__B/WATER SERVICE INSPECTION CONTINGENCY 365
356
LC'WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. BUYER WAIVES 36~'
THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement.
[] ELECTED 368
this contingency and Buyer accepts the
STATUS OF/SEWER (1-98) Property and agrees to the RELEASE set fro-th in paragraph 26 of this Agreement, 302
(A) Seller r.r r.r r.r r.r r.r r.r~presents that Property is served by: ~ 383
'[x~ Public Sewer 384
[] Individual On-lot Sewage Disposal System (See Sewage Notic~ 1) 385
38§
[] Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 387
[] Community Sewage Disposal Systefn
[] Ten-acre Permit Exemption (See Sewage Notice 2) 388
[] Holding Tank (See Sewage Notice 3) 389
[] None (See Sewage Notice 1) 390
[] None Available/Permit Limitations in Effect (See Sewage Notice 5) 391
(~IN [] 392
DIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 393
L~ WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage 394
disposal inspection of the Property. BUYER 3oS
WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement.
[] ELECTED 386
397
1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Agent for Seller, if 398
any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 399
2. Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the inspection company, 400
empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to settlement. 481
3. If the report reveals defects that do not require expansion or replacement of the existinl~ sewac, e disnosal ~wn.m R,-llo~ ohon ,,,:.t.: ....
369
1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Agent for Seller, if 360
any, otherwise to Seller. a written inspection report by a qualified, professional water testing company of the quality and/or 381
quantity of the water service. ,
362
2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense, if required by the 383
inspection company. Seller also agrees to restore the Property prior to settlement.
364
3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authorities and/or fails to 306
satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller shall, within days of receipt of 388
the report, notify Buyer in writing of Seller's choice to:
36'/
a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees 308
to~tbe RELEASE set forth in paragraph 26 of this Agreement, OR
b. Not upgrade the water service. 369
370
4. If Seller chooses not to upgrade the water service to minimum acceptable levels, Buyer will, within days of Seller's notice 311
not to correct, either:
372
a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authority, upgrade 373
the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 374
· Buyer's expense and with Seller's permission, ,which shall not be unreasonably withheld, and agree to the RELEASE set forth in 375
paragraph 26 ~f this Agreement. ~f Se~~er denies Buyer permissi~n t~ upgrade the water service~ Buyer may~ within 5 days ~f Se~~er~ s 316
denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price shall be 371
returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR
378
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price shall be retumed promptly to Buyer 379
and this Agreement of Sale will be NULL and VOID.
380
Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of 381
.l() ]:~rl'.~,/ N'h , . ,. , ,
· ' : OTICES PURSUANT TO TH ENNSYL ANI
· b'.r:v.-,? d [h,II~ '~:;im ?.'~, ;,..,. ,, ~:!i ...... , E? v A SEWAGE
NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY,SEWAGE'SYSTEM
Section 7 ?,!~e penn,s,y .v,ani~.Sewage Facilities Act provides that no verson sba[
v, .... ing thc'Ac~ to determine t~e pr~ccdurF an~ r~qu rc~'t~' {~r obtain{
' ' Wit~ ~dmi'nistcring th'c A~I wil(~e' th~ ~"~icipahty where the
NOTICE 2:~..: ~H~ PROPERTy IS 8ER~ICED B~,AN
E~E~PTION PROVISIONS
%: ~ Pe~itmay:nbt~qui~dbefor~q :in
vidual sewage system where
' ' ' Re testing were not
the time ~f a ~a function m
NOTICE 5:
UIIJECT PROPERTY.
truction,
rst obtaining a permit.
with administer-
local agency charged
ag cooperatively with others.
UNDER THE TEN-ACRE PERMFF
FACILITIES ACT. (Section 7 provides that a
an, altering, repairing or connecting to an indi-
JangarY 10, 1987). Buyer is advised that soils and
>wrier .o,[ the Property or properties serviced by the system at
i polluti'dfi} pUbli6 ~¢alth hazard or nuisance which occurs as a result.
OR TEMPORARY) TO WHICH SEWAGE IS CON-
II.S, DE,SIGNED AN, D CONSTRUCTED TO FACILITATE ULTIMATE
SITE. Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a histo-
from the date of its installation or December 14, 1995~ whichever is later.
HAS BEEN INSTALLED AT AN ISOLATION DISIANCE FROM A WE1.L THAT IS LESS
ED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertaining to mininmm horizontal iso-
provide guidance. Subsection (b) of §73.13 states lhat the minimum horizontal isolation distance between an individual water
ystem suction line and treatment tanks shall be 50 feet. Subsection (c) of .{,73.13 states that the horizontal isolation
ndividual water supply or water supply system suction ine mid th~ perimeter~of the absorption shall be 100 I~et.
LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN'EFFECT AND IS SUBJECT TO THOSE LIMI-
, TATI_ONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE 10 BE
SERVED BY-SEWAGE FACILITIES MAy NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING
REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULN['IONS I'ROMULGATED
THEREUNDER ....
4z4 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any goveFnmental authority, correct the 424
425 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 425
428 sole expense and with Seller's permission, which shall not be unreasonably withheld, and agree to the RELEASE set forth in para- 4?5
421 graph 26 of this Agreement. If Seller denies Buyer permission to coh'ect the defects, all deposit monies paid on accoun't of purchase 427
420 price shall be returned promptly to Buyer and this Agreement of Sale will be NULL and VOID, OR
42§ c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price shall be returned promptly
4.:10 to Buyer and this Agreement of Sale will be NULL and VOID.
43t 5. Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of 431
432 ~ this contingency and Buyer accepts the Property and a rees 4313
433 15. NOTICES & ASSESSMENTS (1-98} g to the RELEASE set forth in paragraph 26 of this
434 ~ (A) Seller represents as of Seller's execution of this Agreement, that no ublic im . . ~ ........... 432
433
430 have been made against the Property which remain un~aid and that ? -' ?rovement, condommlum or homeowner association assessments .t34
435 or a v nu nouce ny any government or ubli ' ·
nyone on Seller's behalf, includinv noti ~;.~ ,~ ..:~,~,. ...... p c authority has been served upon Sell
431 uncorrected, that would constitute violation of any such ordinances which remains uncorrected, unless 437
and that Seller knows of no condition ;~ 435
o ces r ...... ~ tu vtu~aoons o~ zomng, housing, bullthng, safety or fire ordinauces which rema 430
1.38 otherwise specified here:
43~ -~ (B) Seller knows of no other potential notices and assessments except as follows:
440 430
· 440
44t -'~ (C) In the event notices and assessments are received after execution of this Agreement and before settlement, Seller will notify Buyer in writing, 44'1
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456 16.
45t
452
403
404
405
455
40§
470
47t
472
473
4?4
415
417
475
40t
4112
403
4t14
485
405
487
458
489
4§t
~3
1§4 19.
~?
within 5 days of receiving the notice or assessment, that Seller shall:
1. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the RELEASE set forth 443
in paragraph 26 of this Agreement, OR 442
2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller withiu 5 "days in writing that
Buyer shall: 444
a. Comply with the notices and assessments at Buyer's expense and agree
OR to the RELEASE set forth in paragraph 26 of this Agreement, ~147
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price sball be returned promptly to Buyer 44§
and this Agreement of Sale will be NULL and VOID.
If Buyer fails to notify Seller within the given time, Buyer accepts the Property and agrees to the RELEASE set forth in paragraph ,is t
26 of this Agreement. 455
(D) Buyer is advised that access to a public road may require issuance ora highway occupancy permit from the Department of Transportat on.
(E) If required by law, Seller shall deliver to Agent for Buyer, if any, otherwise to Buyer, on or before settlem~utl a certification from the appropri-
453
ate municipal department or departments disclosing notice of any uncorrected violation of zoning, housing, building, safety or fire ordinauccs. 455
TITLE, SURVEYS, AND COSTS (1-98)
4,50
(A) The Property is to be conveyed free and clear ~f all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: existing ~s?
deed restrictions, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or 4aO
rights of public service companies, if any; otherwise the title to the above described real estate shall be good and marketable and such as will
be insured by a reputable Title Insurance Company at the regular rates.
(B)In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Cmnpany at the regular rates,
as specified in paragraph 16(A), Buyer shall have the option of takthg such title as Seller can give without changing the price or of beiug repaid
all monies paid by Buyer to Seller on account of purchase price and Seller shall reimburse Buyer for any costs incurred by Bnyer for those items 4§3
~pecified in paragraph 16(C) and in paragraph 16(D) items (I), (2), (3); and in the latter event there shall be no further liability or obligation on
either of the parties hereto and this Agreement shall become NULL and VOID.
455
(C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate
legal descriptioo of the Property (or the correction thereof), shall be secured and paid for by Seller. However, any survey or surveys desired by
Buyer or required by the mortgage lender shall be secured and paid for by Buyer.
(D) Buyer shall pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any;
(2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if' any; 4;0
(3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 47t
17. ZONING CLASSIFICATION
472
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if subdividahle~ is
zoned solely or primarily to permit single-family dwellings) shall render this Agreement voidable at the option of the Buyer and, if voided, any
deposits tendered by the ,Byyer shall be returned to the Buyer without an r ' '
Zoning Classification: I~f- ~ t (, ,: ~ '7', ~ ~, ~ y eqmrement for court action.
[] EL~CTED. Within days of the execution of this Agreement, Buyer will verify that the existing use of the Property as
I ,~:- _ . ..,. ~ ': ' "- is permitted. In the event the use is not permitted, Buyer will, within tile time given for ~a
verification, notify Agent for Seller, if any, otherwise Seller, in writing that the existing use of the lSroperty is not permitted aud this Agreemcut ~ 70
will be NULL and VOID, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer. Buyer's full-
ute to respond within the given time shall constitute a WAIVER of this contingency and all other terms of this Agreement of Sale remain
/ in full force and effect.
18. C~OAL NOTICE
I~ NOT APPLICABLE 442
~3 APPLICABLE
THIS DOCUMENT MAY NOT SELL, CONVEy, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE [.AND
DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND
IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This
notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) "Buyer acknowledges that he lnay not be obtaiuing the
right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage
due to mine subsidence by a private contract with the owners of the economic interests in file coal. This acknowledgment is made for the pnrpnse of
complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966.' Buyer agrees
to sign the deed from Seller which deed will contain the aforesaid provision.
POSSESSION (1-98)
(A) Possession is to be delivered by deed, keys and:
1. Physical possession to a vacant building (if any) broom clean, free of debris at day and time of settlement, AND/OR
2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is tenant occupied at the 491
execution of this Agreelnent or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 4o8
time of signing of this Agreement of Sale, if Property is tenant occupied.
(B) Seller shall not enter into an,/new leases, wrioo, .~t~.~;.. ~r _..:
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
5§.5
569
570
571
572
573
574 26.
§75
577
580 27.
5Zl (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate
522 licensee owing to fraud, misrepresentation, or deceit in a mai estate transaction and who have been unable to collect the judgment after exhaust- 5,22
5~3 lng all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 882-2113 (within Peu~ylvania) and 523
524 ' '(717) 783-4854 (outside Pennsylvania).
_2.5 i,,23. ', C~,NDOMINIUM RF~ALE ACT NOTICE (8-95)
z0 '. tad'/ NOT APPLICABLE 524
fi2/-J~~ ,~$~fAPPLICABLE :' .
52~8~,~, {rA~. Buyer acknowledges that the Property is a unit of a condominium that ]s pnmanl mn b 526
529 /j} (B) §3407 of the Uniform Condom n;-~ A ........ ' ' ' Y y a unit owners' association· 528
530 (~1 ....... .-~L ut rennsy~vama requtms Setter to furnish Buyer with a Certificate of Resale and copies of the condo- 52§
mm]urn declaration (other than plats and plans), the bylaws, and the roles and regulations of the association.
530
531 (C) Within days of the execution of this Agreement, Seller shall submit a request to the association for a Certificate of Resale and the doc-
uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within .532
10 days of Seller's request.
(D) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller .534
liable to Buyer for any erroneous information provided by the association and included in the Certificate.
535
(E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the Certificate of Resale and for 5 days thereafter, OR 536
until settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be 5.51
./returned to Buyer.
24. PI/~NNED COMMUNITY (HOMEOWNER ASSOCIATION) NOTICE FOR PURPOSES OF RESALE ONLY (1
~NOT APPLICABLE
LJ APPLICABLE .539
54§
" 541
(A) Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act. (See Definition of 542
Planned Community Notice for the definition contained in the Act).
543
(B) §5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regu- 544
lations of the association, and a Certificate containing the provisions set forth in §5407(a) of the Act.
· ' ' ' ' ' · 545
(C) eWsilha~nt~ena 1 qd~a~s.~o~yff~..e~.u~l.o.,.n,_o.f,.thi~s ~gr~,eem.ent, Sell,er, sh~,ll subm,t a request to the assoc,ation fora Certificate and the documents nec- .546
-, b e ~..I ..... ,n-t,,y wmt me &ct. Jne ,Act provmes that the association is required to provide these documents within l0 days of
Seller's request. 547
548
(D) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller
liable to Buyer for any erroneous information provided by the Association and included in the Certificate.
550
(E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the association documents and for 5 days thereafter. OR 5.5t
until settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be 6.52
returned to Buyer.
25. MAINTENANCE AND RISK OF LOSS (1-98) .553
(-A) Seller shall maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal 555
wear and tear excepted. 554
(B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item, Seller will promptly 5,51
notify Buyer in writing of Seller's choice to:
5.58
1. Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys-
tem or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer accepts the Property and agrees to
the RELEASE set forth in paragraph 26 of this Agreement.
561
2. Make no repairs or replacements, and not credit Buyer at settlement for the fait' market value of the failed system or appliance, in which .5.52
case Buyer will notify Seller in writing within 5 days or before settlement, whichever is sooner, that Buyer shall: ~3
a. Accept the Property and agree ~o the RELEASE set forth in paragraph 26 of this Agreement, OR
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price shall be returned prompdy to Buyer §§6
and this Agreement of Sale will be NULL and VOID.
(C) Seller shall hear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any prop-
erty included in this sale that is not repaired or replaced prior to settlement, Buyer shall have the option of rescinding this Agreement and
pr6mptly receiving all monies paid on account of purchas~ price or of accepdne the Property in its then condition together with the proceeds
' ~ 569
ofaay insm'ance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Property as of
the thne of execution of this Agreement. 570
Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of this con- .572
tingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 26 of this Agreement. 573
RELEASE (7-86) -- Buyer hereby releases, quit claims and forever discharges SELLER, ALL AGENTS, their SUBAGENTS, EMPLOY.
EES, and any OFFICER or PARTNER of any one of them and any other PERsoN, FIRM, or CORPORATION whn may be liable by nr 61,5
through them, from any and all claims, losses or demands, iucluding, but not limited to, pemonal injuries and property damage ami all nf ?7.5
the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, radon,
lead-based paint hazards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site
Water service system, or any defects or conditions on the Property. This release shall survive settlement.
REPRESENTATIONS (1-98)
580
(A) Buyer understands that any representations, claims, adve-tising, promotional activities, brochtu'es nr plans of any kind made by Seller, Ageuls 981
or their employees are not a pan of this Agreement, unless expressly incorporated or stated in this Agreemeut.
(B) It is understood that Buyer has inspected the Property before signing this Agreement of Sale (including fixtures and auy personal prnp.
erty specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its preseut condition mfless 69,4
otherwise stated in this Agreement. Buyer acknowledges that the Agents have not nlade an independent examination or determination
of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses, or
of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems
contained therein.
(C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligalions, att9
covenants, representatioas, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this ,5§11
Agreement shall not be altered, amended, changed, or modified except in writing executed by the parties. ,501
(D)The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs.
28. DEFAULT-TIME OF THE ESSENCE (1-98) 592
The said time for settlement and all other times referred to for the performance of aay of the obligations of this Agrecment are hereby agreed to be
of the essence of this Agreement. For the purposes of this Agreement, number of days shall be counted from the date of execution, by excluding the .50.5
day this Agreement was executed and including the last day of the time period. Should Buyer:
DEFINITION OF A PLANNED COMMUNITY
The Uniform Planned Community Act ~efines"
panned community" as real ~sthte with
any'portion o]~ the real estate, is or may become obligated by covenant, easement
property taxes, insurance, maintenance, repair, improvement,
or interest owned solely by the person. The term excludes
community. For the purposes of this definition
estate. The term includes:
of an interest in
amount for real
portion
planned
options, in' real
659
660
661
662
663 Buyer's Initials
664
665
666 Buyer's Initials
667
668
669 Buyer's Initials
§76
8?2 Buyer's Initials
6t6 30. MEDIATION(?-96)
6t9 UJ NOT AVAILABLE
§16
620 [~ WAIVED. Buyer and Seller understand that they may choose to me?ate at aater date, should a dispute arise, but tha! there will bc no obli~g-
82t alton on the part of any party to do so. '
622 [] ELECTED
623 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement of Sale through mediation, iB accordance with the
624 Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any agreement reached through a mediation conference 624
625 and signed by the part/es will be binding.
626 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home Sellers/tlome Buyers
627 Dispute Resolution System. (See Mediation Notice.) §25
628 (C) This agreement to mediate disputes arising from this Agreement shall survive settlement.
629 , ,
628
630 Buyer and Seller acknowledge that they have read and understand 629
631. tions set forth on the back of this form. the notices and explanatory information regarding property condition inspec-
632 630
631
633 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this 633
632
634 Agreement of Sale, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction 634
635 are advised to consult an attorney before signing if they desire legal advice.
636
631 WITNESS _ .~t~ : C~ · '! ~ '. ~. ¢ BUYER ~ c. - §:16
., wiTNESs __ - _DATE I?10 .
.. -- §37
639 WITNESS BUYER ~/{'/ _ DATE.,
640 BUYER -- _ 638
641 ., ~' DATE
~ 640
642 Seller hereby approves the above contract this '~ / /-'~ J 7 day of .._') ~ ~ ~
643 -- ~-' ~41
644 - A.D.., ~L,.~, 642
645 ..~O ~,j ,._,.,... ~ L5 ~ fx_,~-'~Tg- ~¢, ;~.~ C/OC% ¢'2, C) 643
646 '~'~ ; ')644
648 WITNESS " '"::' "~'~-~'"'-SELLER__ &~ t/~, (it,
649 WITNESs--' ~ 3ff./ SELLER ff DATE (f' g 648
850. WITNESS ' DATE - '(
651 SELLER 649
DATE 650
652 Services to Buyer
653 In conjunction with this Agreement of Sale, by initialing below, Buyer authorizes Subagent for Seller, if any, or Agent for Seller to perform the following 653
654 services on Buyer's behalf: 652
655
· 654
656 -. Order Title Insurance from any reputable Title Insurance Company. 655
657 Buyer's Initials
658 656
657
Buyer's Initials Order Homeowner's Insurance with coverage in the amount of $ 658
659
660
Order Fire & Extended Coverage Insurance with coverage in the amount of $ 661
662
663
Order Flood Insurance with coverage in the ,amount of $ 664
665
Buyer's Services 666
Fee: $ 667
666
669
670
Seller's Acknowledgment
Seller's Initials Seller acknowledges receipt of a separate Buyer's services agreement with Agent for Seller or Subagent for Seller.
§71
672
613
674
675
676
677
Broker's/Agent's. Certifications (check all that are applicable): 678
679
[] Regarding Lead-Based Paint Hazards Disclosure:. Required if Property was built before 1978: The undersigned Agents involved in this 6611
transaction, on behalf of themselves and their brokers, certify that their statements are tree to the best of their knowledge and belief. 68t
Agents' Acknowledgment: The Agents involved in this transaction have informed Seller of Seller's obligations under The Residential Lead 13112
Paint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance. 683
[] Regarding FHA Mortgages: The undersigned Agents involved in this transaction, on behalf of themselves and their brokers, certify that the
terms of this contract for purchase are tree to the best of their knowledge and belief, and that any other agreement entered into by any of these
parties Jn connection with this transaction is attached to this Agreement of Sale.
687
[] Regarding Mediation: T~ undersigned 6118
[] Agent for Seller [51' Agent for Buyer [] Subagent for Seller 689
690
on behalf of themselves and their brokers, agree to sub]nit to mediation in accordance with paragraph 30 of this Agreement. 691
MEDIATION
A . . DISPUTE RESOLUTION SYST~;M RULES'AND i~R6'(~EDOREs ,' -
1. g~ement of Parties The Rules and Proced ' ·
' undd~DRS?~'~'~{i~fi'n;?~;~; - r .,u~cL~f t? D,spute ~es0lut,o. System (DRS) a~olv when ,h ......... ' ~..
s~"~.~;~;~tZ,',, ~; ~;'~L75'/~7'~ ~a7 ~Pe.ac.nl.?e~ pya standard clau~e inan agreement ~ ~' . __?,._~ ~a.ues nave agyee~ m wrHmg to mediate
· ,un ~ a mspute ex:sts, any pa~y may st~ the mediation process by submitting a completed Request to Initiate Mediatiou DRS
~,. %ansmittal Fora (Transmittal Fo~) to the local Association oEREALTORS& (hereafter "Adminis~ator"). The Transmittal Form should be available
through the Administrator's office· The initiating pa~y should t~ to include the following information when sending the completed %ansmittal Fora
a. A copy of the written agreement to mediate if there is one, OR a request by the initiating pa~y
ties to the dispute to invite them to join the mediation process· the other par-
....... ,*:~,,,.,. i ..... "';~" '. ........ t v; y:,~ -~t~7 u~ me, p~Ttes mv~l.v6d in the di?6te~ incl"ding the name 6f~ver~ insar~nce company known to
nave recetvea notice ot th~ dtsput~ S? clai~ and the Co~e~pOndih~ file 6r:~iai~
c. ~ brief statement of the facts of the dispute and the damages :6~'{elief s~Ugfit~ ...... · ........ : ' ~ ~ '
3. " '' ' '~
. Select,on of Medial~''~ ~ithin five days of receiving-the completed %ansmittal F0~, the Administrator will send each party to the dispute a copy of
the %ansmittal F°~ [nd a hst of qualified mediators and their fee schedules, ach party then has ten days to review the list. of mediators, cross off the
name of any medlat6[~S'~hom the party objects, and return the list to he Admmmtrator. The Administrator will appoint the first available med{ator who
is acceptable to all parties involved·
;, ~edmtor who has any ~nancml or personal i,t~resi ~n the dispute or the results
.,, pames are informed and give their written consent. '" ~at dispute, unless all
4.; Mediation Fees Mediation fees will be divided equally among the parties and will be
~ the payment terms contained in the mediator's fee schedule.
$.~ Time and place of Mediation Conference Within ten:'cia~s of being
, time and place of the mediat on conference. The mediator ~lUSt give
at leaSt
not be more than sixty days from the mediator's appointment to ti
6. Conduct of Mediation Conference The
' :' I. Have the authority to enter into and sign
C' 2. Produce all information r
~' ;' rials, as well as descriptions
ence. The mediator can
The mediator presiding over ~ ,. mh
1. Will im
2. Will
3.
will follow
the parties and set the date,
The mediation conference shotdd
~ dispute· The nformat o ] may ~clude re evant w~itte ~
Imoriy, whether 6rnot they will be appearing at the mediatiou cnnfer-
information before tile date of the mediation conference.
a dispute an,d reagh a m~mal y agr~.~eable solution.. ;, .
to bind the parties to his or her decision, or to force lhe parties to reach a settlement.
the mediation conference. - ...... , ..
party who in, tends to be accompanied to the mediation conference by legal counsel will notify the mediator and the
ten days before the conference·
; other
No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other proceeding. This includes,
'8'11 but is not litnited to, any opinions or suggestions made by any party regarding a possible settlement; any admissions made during the course of the medi-
~ ation; any proposals or opinions expressed by the mediator; and any responses given by any party to opinions, suggestions, or proposals.
No privilege will be affected bY, disclosures made in the course of the mediation. ·
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the mediator.
Records, reports, and other documents received or prepared b- the medi~on- ~- ^.~.z..2" ~ .... . '. ;
proceeding, with, th,e. exception 9f an agreement th'~t Wa~"~-e~:h~d'in'~fie/:o~U[he'~4~ m';-' -2. '; 'i~ ' ,' ~ '." P. eH?d b~ an ar,b!tra.}~pn' Jud,cml, or other
· ..... ' : ........ ~ '[ ' ' i .... -]--~:r-- 7:..-Tyu~,auo~a~nq oIg;nea oy all the part es.
Neither the methator nor the Administrator can be co~n~A';Z'.L-.'~ · "" ' .... ~!." ' ! ;' ~ ;. ' '
· , · ,, . , ,lF~aa~-u to t~tlIy in,any proceetlmg regarding lUfOrmatlon 1
the course of the mediation or in any confidential c°mmunic&tion'. ' ~ g yen or represeniations made either in
the wi ad~spute~sres~vedthr~ughmed~at~n~themediat~rwd~putthec~mp~eteagreement~nwriti~anda artiesw2~' sig~
at the end ofgthe n days of the conclusion of the mediation conference. Every reasonable effort will be made to s nt wrPitten ac, r
10. Jndiclal Proceedings and Immunity NEITHER THE ADM~r~ ...... "73-/~ -- "~ ' ....
PENNSYLVAN A ASS~IXTION OF REA{'~no®"'~-: mY--:::::'7"~^~uRh ~,I~E,MEDI~TOR, THE NATIONAL ASSOCIATION OF REALTORS®
~. o , NOR ANY OF ITS MEMBER BOARDS :'~HALL BE DEEMED NECESSARY OR INr~, .......... , TIlE
EXHIBIT B
11:18 F.~ 6103705451
ABSTRACT 05~
IORIT¥
ST RACT ONE, Inc.
Protecting Your Home and Investment
Aug~ast 5, 2002
To: RSR Realtors
From:' Prior/ty Abstract One, Inc.
Re: 34 W. Beale Ave, E. Pennsboro
Cumberland County, PA
PleaSe let tl~is l~er serve as notice that the settlement on the abovc mentioned
property, which was scheduled for July 31, 2002, was unable to go to the table due to the
fact ?hat the Builder 1,md not filed the appropriat~ Condorninh~m documents prior to this
date. Due to this fact it was not possible to write a Title lnmranee Policy.
Susan L. Creswell
President
Priority Abstract One, J..nc,
30 HARTMAN ROAD
READING, PA 19606
FAX (610)
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00345 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PEIFFER FAY J
VS
PEIFER ERIC DBA PEIFER CONSTRU
BRIAN BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PEIFER ERIC DBA PEIFER CONSTRUCTION the
DEFENDANT , at 1445:00 HOURS, on the 29th day of January
at 28 W BEALE AVENUE
ENOLA, PA 17025 by handing to
ERIC PEIFER
a true and attested copy of COMPLAINT & NOTICE
2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 17.25
Affidavit .00
Surcharge 10.00
.00
45.25
Sworn and Subscribed to before
me this 3(~-~ day of
~a_~ ~,~0 0 ~ A.D.
J- IP~t~onot ar~
So Answer~
R. Thomas Kline
0MI1/C2p~9/El2'0 BOLGSBy: ~ ~,~ ~
[Deputy ri f
FAY J. PEIFFER,
Plaintiff
VS.
ERIC PEIFER, dPo/a
PEIFER CONSTRUCTION,
Defendant
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-345 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE
TO THEPROTHONOTARY:
Please mark the above-referenced matter settled and discontinued.
Respectfully submitted,
Attorney for Plaintiff S
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263