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HomeMy WebLinkAbout03-2099pd\ntcAcumberld.not RUSSELL C. GOODLING, t/a RUSSELL : IN THE COURT OF COMMON PLEAS OF GOODLING CONSTRUCTION, and WILLIAM : CUMBERLAND COUNTY, PENNSYLVANIA H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. NO. 03 t`? HERBERT MOORE, RICHARD MOORE, CIVIL ACTION WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants NOTICE (710L C_?Wr't' - LAW 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 com- plaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Pd\c0m\G00DLINGm0ore-barrick RUSSELL C. GOODLING, t/a RUSSELL : IN THE COURT OF COMMON PLEAS OF GOODLING CONSTRUCTION, and WILLIAM : CUMBERLAND COUNTY, PENNSYLVANIA H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. NO. HERBERT MOORE, RICHARD MOORE, : CIVIL ACTION - LAW WILLIAM BARRICK, JR., ARLENE BARRICK, and THOMPSON WOOD REAL . ESTATE, INC., t/a THE PRUDENTIAL . THOMPSON WOOD REAL ESTATE, Defendants COMPLAINT 1. The Plaintiff, RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, is an adult individual residing at 2920 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Plaintiff, WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, is an adult individual residing at 395 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Defendants, HERBERT MOORE and RICHARD MOORE, are adult individuals residing at 3905 Donna Jane Court, Harrisburg, PA 17109. 4. The Defendants, WILLIAM BARRICK, JR., and ARLENE BARRICK, are adult individuals residing at 116 Salem Church Road, Mechanicsburg, PA 17055. -1- 5. The Defendant, THOMPSON WOOD REAL ESTATE, INC., T/A THE PRUDENTIAL THOMPSON WOOD REAL ESTATE, is a Pennsylvania licensed real estate broker with a principal place of business at 3815 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. COUNT I RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION v. HERBERT MOORE and RICHARD MOORE 6. Paragraphs 1 through 5 above are incorporated herein as though fully set forth at length. 7. By agreement of sale dated July 9, 2001, Defendants Herbert Moore and Richard Moore (sometimes hereinafter referred to as "Moores") agreed to sell and Plaintiffs Russell Goodling Construction and William Goodling Construction (sometimes hereinafter referred to as "Goodlings") agreed to buy a certain property consisting of 7.4 acres on Salem Church Road, Hampden Township, Cumberland County, Pennsylvania, for the purchase price of $265,000.00. 8. At all times the agreement was contingent pursuant to an addendum to the agreement of sale upon the Goodlings obtaining all necessary required government approvals on premises to build a minimum of 50 residential townhouses. A copy of said agreement of sale and addendum is attached hereto, made a part hereof and marked Exhibit "A". -2- 9. Under said addendum to agreement of sale, the Moores agreed to cooperate with the Goodlings on signing any submission documents required by township or county. 10. Despite the Goodlings best efforts to obtain timely government approval, the Goodlings were unable to obtain timely approval for the townhouses. The Goodlings requested an extension to the contract, but were denied the extension by the Moores. 11. Despite the failure to provide the extension, the Goodlings proceeded to appear before the Township to obtain the government approvals. 12. The government approvals were denied. 13. On or about July 9, 2001, the Goodlings deposited $5,000.00 in escrow with Defendant Thompson Wood Real Estate, Inc., t/a The Prudential Thompson Wood Real Estate as a deposit. 14. The Goodlings have requested of the Moores a return of the deposit. 15. The Moores have refused to return the deposit. 16. Despite an election by the Moores to mediate any dispute, the Moores have refused to cooperate with the Mediator. WHEREFORE, the Plaintiffs demand judgment against the Defendants Herbert Moore and Richard Moore for $5,000.00 and for such other relief as is just and reasonable. -3- COUNT II RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION v. WILLIAM BARRICK, JR., and ARLENE BARRICK 17. Paragraphs 1 through 5 above are incorporated herein as though fully set forth at length. 18. By agreement of sale dated July 9, 2001, Defendants William Barrick, Jr., and Arlene Barrick (sometimes hereinafter referred to as "Barricks") agreed to sell and Plaintiffs Russell Goodling Construction and William Goodling Construction (sometimes hereinafter referred to as "Goodlings") agreed to buy a certain property consisting of 7.4 acres on Salem Church Road, Hampden Township, Cumberland County, Pennsylvania, for the purchase price of $110,000.00. A copy of said agreement of sale is attached hereto, made a part hereof and marked Exhibit "B". 19. At all times the agreement was contingent pursuant to an addendum to the agreement of sale upon the Goodlings obtaining all necessary required government approvals on premises to build a minimum of 50 residential townhouses. 20. Under said addendum to agreement of sale, the Barricks agreed to cooperate with the Goodlings on signing any submission documents required by township or county. 21. Despite the Goodlings best efforts to obtain timely government approval, the Goodlings were unable to obtain timely -4- approval for the townhouses. The Goodlings requested an extension to the contract, but were denied the extension by the Barricks. 22. Despite the failure to provide the extension, the Goodlings proceeded to appear before the Township to obtain the government approvals. 23. The government approvals were denied. 23. On or about July 9, 2001, the Goodlings had deposited $2,000.00 in escrow with Defendant Thompson Wood Real Estate, Inc., t/a The Prudential Thompson Wood Real Estate as a deposit. 24. The Goodlings have requested of the Barricks a return of the deposit. 26. The Barricks have refused to return the deposit. 27. Despite an election by the Barricks to mediate any dispute, the Barricks have refused to cooperate with the Mediator. WHEREFORE, the Plaintiffs demand judgment against the Defendants William Barrick, Jr., and Arlene Barrick for $2,000.00 and for such other relief as is just and reasonable. COUNT III RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION v. THOMPSON WOOD REAL ESTATE, INC., t/a THE PRUDENTIAL THOMPSON WOOD REAL ESTATE 28. Paragraphs 1 through 5 above are incorporated herein as though fully set forth at length. -5- 29. Pursuant to certain agreements of sale with Defendants Herbert Moore and Richard Moore of July 9, 2001, and with Defendants William Barrick, Jr., and Arlene Barrick, of July 9, 2001, Plaintiffs have on deposit the sum of $7,000.00. 30. Despite Plaintiffs best efforts, Plaintiffs were unable to obtain the necessary government approvals which was contingent of both contracts. 31. Defendant Thompson Wood Real Estate, Inc., t/a The Prudential Thompson Wood Real Estate has refused to return the deposits to Plaintiffs despite demand for the same. WHEREFORE, Plaintiffs demand judgment against Defendant Thompson Wood Real Estate, Inc., t/a The Prudential Thompson Wood Real Estate in the amount of $7,000.00 representing the deposits held in escrow. Respectively submitted by, STONE LaFAVER & SHEKLETSKI DP V NE, ESQUIRE SuArenre Court ID #39785 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 7,k7-7,7- 7435 ELIZAB . STOg, ESQUIRE Sup me C /adet, ? #60251 4 Bri P.O. Box E ew Cu PA 17070 Telephone 74-7435 Attorney laintiffs -6- pd\mis\verifi.aff V E R I F I C A T I O N WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, states that he is the one of the Plaintiffs named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities. WILOAMH- O ODLING 77 Date: -3-,3 1 "-z> pd\mis\verifi.aff V E R I F I C A T I O N RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, states that he is the one of the Plaintiffs named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date:- -' ?d STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, the members of the I'ennsyh:viia Association of REALTORS60 (VAR). 3 ri n 10 t1 12 1;1 15 16 17 1B 19 20 2i 22 23 • PA LICENSED B LISTING BR OKFR )a_ KER ( ore an S ? AD RESS .? C / N ?C 17CJ PH ?ta r*r ??'. 3 FAx_ _ DESIGNATED AGENT FOR SELLER (if applicable) I. phis Agreement, dated C-?-- SELLER(S): ERIC T' /? dL`Ya?_? 1J called "Seller," and called "Buyer" 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THA CERTAIN to r pie o roun'yvith buildings r] improvements the • .on erected, if any, known as: -7. d - in the' Q?7.-? L=- ---- of County of L in the Commonwealth of Pennsylvania, 'Lip Code _1 7d S j _ Identification (e.g., Tax ID#; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 3. 'T'ERMS (1-00) (A) Purchase Price A/S-2K PA LICENSED BROKER. SELLING BROKER (Company) _ ADDRESS PH FAX -- ----- - --- DESIGNATED AGENT FOR BUYER (if applicable) - - -- - - -- • is between ?Sr¢ytJc? - which will be paid to Seller by Buyer as follows: (B) Cash or check at signing this Agreement: (C) Cash or check within N 'T_ days of the execution of this Agreement: (D) (E) Cash, cashier's or certified check at time of settlement: TOTAL 24 (F) Deposits paid on account of purchase price to be held by Listing i 10KC1, unless otherwise stated here 25 Dollars L7C' QCs $ ?t9 t) , e?C) $ $ "'C> $ 26 (G) Seller's written approval to be on or before: .- I / ?- 27 (H) Settlement to be made on or before: lJU 26 (1) Conveyance from Seller will be by fee simple deed of specia warranty unless otherwise stated here: 30 (J) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: _ 32 (K) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; 33 rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer fees, if any, together 34 with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the 35 date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 36 - - 3f 37 4. FIXTURES & PERSONAL PROPERTY (1-00) If 1 38 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; 38 39 heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment: garage door openers 39 40 and transmitters; television antennas; shrubbery, plantings and unpotted trees, any remaining heating and cooking fuels stored on the n0 41 Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, blinds: built-in air conditioners; built-in appli- A i 42 antes; and the range/oven unless otherwise stated. Also included: a? 43 tl 44 (B) LEASED items (items not owned by Seller): 94 45 45 46 (C) EXCLUDED fixtures and items: 46 47 47 46 SPECIAL CLAUSES (1-00) 48 4q (A) Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 49 50 B) fill 51 C) ? Buyer has received the Seller's Property Disclosure Stat ment before signing this Agreement, if'required by law. (See Notice, Information ;,± 1-2 Regarding the Seller's Property Disclosure Act.) /( P- 51, 5 J ( ) [I Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this Agreement. 54 (E) The following are part of this Agreement if checked: 55 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form 133) 56 57 Contingency Addendum (PAR Form 130) ? Tenant-Occupied Property Addend fn' UPAR FVrm TOP) ? 57 56 ? Sale & Settlement of Other Property Contingency I d LbL- NZ,l-! ? ?i sa 59 with Right to Continue Marketing Addendum b ? n 66 (PAR Form 131) ? ro 61 61 62 662 63 64 63 Ak `3 64 65 r""v 65 66 Buyer Initials: C./ A/S-2K Page 1 of 8 Seller Initials- 66 03 Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS@ 1998 REALTORSO 1/00 REAITORW 7M voke rm R-16b1e®In P-ykvnb 67 6. MORTGAGE CONTINGENCY (1-00) 66 ? WAIVED. This sale is NOT contingent on mortgage financing 69 V ELECTED 70 -''(A) This sale is contingent upon Buyer obtaining mortgage financing as follows: 71 1. Amount of mortgage loan $ 72 2. Minimum Tenn year, 73 3. Type of mortgage G MIN • Ct dte? ? ;jj? _D c U6 LG 04 e-ri j'- 74 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 ,/ f) 76 5. Discount points, loan origination, loan placement and other fees charged b (he lender as it percentage of the mortgage loan (excluding 77 any mortgage insurance premiums or VA funding fee) not to exceed of the mortgage loan. 78 The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to guarantee un 79 interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the amounl specified herein. Buyer 80 gives Seller the right, at Seller's sole option and as permitted by the lending insliWlion and applicable laws, to Co tribute financially, without 81 promise of reimbursement, to the Buyer and/or lender to make fife above terms available to Buyer. fl' (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, writer mortgage application to a responsible mortgage lend- ing institution. The Selling Broker, if any, otherwise the Listing Broker, is authorized to communicate with the lender for the purposes 8'1 of assisting in the mortgage loan process. (C) 1. Upon receipt of a mortgage commitment, Buyer and/or Selling Broker will promptly deliver it copy of the commitment to Listing Broker, Ou if any, otherwise to Seller. r 87 2. Mortgage commitment date / .3 C7 / If a written commitment is not received by fl3 Listing Broker, if any, otherwise b Seller, y the above date, Buyer and Seller agree to extend the commitment dale until Seller ter- 09 minates this Agreement in writing. 90 3. Seller has the option to terninate this Agreement in writing, on or after the mortgage commitment date, if the mortgage commitment: 91 a. Is not valid until the date of settlement, OR 92 b. Is conditioned upon the sale and settlement of any other property, OR 93 c. Contains any other condition not specified in this Agreement. 911 4. In the event Seller does not terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if' 95 the mortgage commitment: 96 a. Is not obtained by or valid until the date of settlement, OR 97 b. Is conditioned upon the sale and settlement of any other property which do not occur by the dale of settlement, OR 98 c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. `19 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 will 100 be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation 1111 of same, if any; AND/OR any premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or 102 cancellation fee, if any; AND/OR any appraisal fees and charges paid in advance to mortgage lender. 111.1 (D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver if copy of the mortgage lender :s requirements to Listing 104 Broker, if any, otherwise to Seller. Seller will, within 5 days of receipt of tlrc lender's requirements, notify Buyer whether Seller will make file 105 required repairs at Seller's expense. 106 1. If Seller chooses to make repairs, Buyer will accept the Property and agree to file RELEASE set forth in paragraph 25 of this Agreement. 107 2. If Seller chooses not to make the required repairs, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to tenninale this 108 Agreement OR make the required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If 109 Seller denies Buyer permission to make the required repairs, Buyer may, within 5 days of Seller's denial, terminate this Agreement:. If 110 Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this 111 Agreement will be VOID. 112 (E) Seller Assist 113 NOT APPLICABLE 114 ? APPLICABLE. Seller will pay: 115 ? $ maximum, toward Buyer's costs as permitted by (lie mortgage lender. 116 ? 117 118 119 120 121 122 12,14 124 125 126, 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 14B 149 150 151 152 153 FHA/VA, IF APPLICABLE (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligate4l-to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless Buyer has been given, in accor- dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct 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 this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- tract without regard to the amount of the appraised valuation. Tile appraised valuation is arrived at to determine Ilse maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, I.S.C., Department of Housing and Urban Development provides, "Whoever for the purpose of ... influ- encing in any way the action of such department ... makes, passes, utters or publishes any statement knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer's Initials Date (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this transac- tion is attached to this Agreement. 7. INSPECTIONS (1-98) (A) Seller hereby agrees to pen-nit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in the terms of this Agreement. (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived by any other provision of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. Buyer Initials: A/S-2K Page 2 of 8 Seller Initials: 119 I ?.a ru ±ta 1;t:1 a35 tar, 1.17 tart 139 140 1•?t 14? 1?3 144 145 1-1G 147 148 149 150 151 152 153 418 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: /V40 N 4t )L_'A-)L9 W JU 418 419 419 420 (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before settlement, Seller will ?^I, 421 notify Buyer in writing, within 5 days of receiving the notice or assessment, that Seller will: a; 472 I. Comply with notices and assessments at Seller's expense, in which cave Buyer accepts the Property and agrees to the RELEASE set forth 473 in paragraph 25 of this Agreement, OR 424 2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in writing that Buyer a'+ 425 will: 426 a. Comply with notices and assessments at Buyer's expense and agree to the RELEASI set forth in paragraph 25 of this Agreement, OR 427 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer i?r 4211 and this Agreement will be VOID. ,t. 9 473 If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth in para- 430 graph 25 of this Agreement. }1I 431 (D) Buyer is advised that access to a public road may require issuance of a highway occupancy permit front the Department of'I'ransportation. 1?t 432 (E) If required by law, within days of the execution of this Agreement, Scllcr will order for delivery to Selling Broker, if any, otherwise ? 433 to Buyer, on or before settlement, 11,71 434 1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation of zoning, hour- 4 415 ing, building, safety or fire ordinances. AND/OR 135 436 2. A certificate permilting occupancy of the Property. In the event repairs/intproventents are required for the issuance of the Certificate, Seller 416 437 will, within 5 days of Seller's receipt of the requirements, notify Buyer of the requirentcnls and whether Seller will make the required ,1:17 438 repairs/improvements at Seller's expense. n in 439 If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 days, notify Seller in writing ol'Buyer's choice to fermi- r!!t 440 nate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller's permission, which will not he unreasonably with- 1411 4,11 held. If Seller denies Buyer permission to make the required repairs, Boyer may, within 5 days of Seller's denial, terminate this Agreement. If ,+1 447 Buyer terminates this Agreement, all deposit ninnies paid on account of purchase price will be returned pronyttly lO Buyer and this Agreement 11' 443 will be VOID. I 444 15. TITLE, SURVEYS & COSTS (1-00) At 445 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING I IOWEVER the following: existing 445 446 deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements Visible upon 446 44+ the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate aw 448 will be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. I is 449 (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company al the regular rates, . I^ 450 as specified in paragraph 15(A), Buyer will have the option of taking such title aS Seller Can give without changing the price or of being repaid 4 t all monies paid by Buyer to Seller on account Of purchase price and Seller will reimburse Buyer for any Costs incurred by Buyer for those items 157 specified in paragraph 15(C) and in paragraph 15(D) items (1), (2), (3); and in the latter event Ihere will be no further liability or obligation on 453 either of the parties hereto and this Agreement will become VOID. 454 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate 455 legal description of the Property (or the correction thereof), will be secured and paid for by Seller. However, any survey or surveys desired by Trig 456 Buyer or required by the mortgage lender will be secured and paid for by Buyer. 457 (D) Buyer will pay for the following: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; ?+ 458 (2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any; rut 459 (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. a:;+ 460 16. ZONING CLASSIFICATION (1-00) 461 Failure of this Agreement to contain the zoning classification (except in cases where the property ( and each parcel thereof, if subdividable I is zoned 462 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, any deposits 1r,7 463 tendered by the Buyer will be etumed to the Buyer without any I- irement for court action. a 464 Zoning Classification: _/<C-51 DL N'T t ? L. 1 b (? IIV t+'? ? lL?' r t 465 ? ELECTED. Within days of the execution of this Agreement, Buyer will verify than the existing use of the Property as ;', 466 is permitted. In the event the use is not permitted, Buyer will, within the time 4 467 given for verification, notify Listing Broker, if any, otherwise Seller, in writing that the existing use of the Property is not permitted and this IGi 4613 Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's ifi?, 469 failure to respond within the time given will constitute a WAIVER of this contingency and all other terms of this Agreement remain in if; i 470 full force and effect. 1711 471 17. COAL NOTICE 471 472 NOT APPLICABLE 472 473 ? APPLICABLE 473 474 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLF TO THE COAL AND RIGHTS OF SUPPORT UNDERNFATII THE SURFACE LAND 474 475 DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCII COAL MAY IIAVF THE COMPLETE LEGAL RIGHT TO REMOVE ALI. SUCII COAL AND 47; 476 IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTIfF.R STRUCTURE. ON OR IN SUCH LAND. (This 4iG 477 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 may not be obtaining tile 1,77 478 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage r o8 4.79 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose ?;<1 4811 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 4?1t 481 to sign the deed from Seller which deed will contain the aforesaid provision. ;y1 482 18. POSSESSION (1-98) 4t12 483 (A) Possession is to be delivered by deed, keys and: 483 484 1. Physical possession to a vacant building (if any) broom-clean, free of debris at day and time of settlement, AND/OR 484 485 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is tenant-occupied at the 485 486 execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at 486 487 time of signing of this Agreement, if Property is tenant-occupied. 487 488 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without expressed 488 489 written consent of Buyer. 489 490 19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or place of public record 490 491 and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 491 492 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and successors, 492 493 and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer will not transfer or assign this 193 494 Agreement without the written consent of Seller. 494 495 21. DEPOSIT & RECOVERY FUND (1-00) 495 496 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of payment 496 497 and the person designated as payee, will be paid to Broker or party identified in paragraph 3(F), who will retain them in an escrow account until 49 t 490 consummation or termination of this Agreement in conformity with all applicable laws and regulations. Any uncashed check tendered as deposit 498 499 may be held pending the acceptance of this offer. a9g 500 (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by [Ile RUICS and Regulations of the Stale 50o 501 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litigation for the 9B1 5112 return of deposit monies, a broker will distribute the monies as directed by it final order ol, court or the written Agreement of the parties. Buyer r.vr 511-i and Seller agree th• t, in the event any brok r or affiliated licensee is,joined in litigation for the return Of deposit nualie. attorneys' fees and : n'+ 504 costs of t k s and license S be paid by the party joining them. n I 505 Buyer Initials: A/S-2K Page 6 of 8 Seller Initial. t 506 (C) A Real Estate Recovery Fund.exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 506 507 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhaust- 507 508 ing all legal and equitable remedies. For complete details a4o)out the Fund, call (717) 783-3658, or (800) 822-21 13 (within Pennsylvania) and ,09 509 (717) 783-4854 (outside Pennsylvania). , 510 22• CONDOMINIUM/PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NO77CI, (1-00) 1,1 511 ?CNOTAPPLICABLE Stu 512 El APPLICABLE: CONDOMINIUM 5 ! ? 513 Buyer acknowledges that the Property is a unit of a condominium that is rimaril run b !,1` P y y a unit owners' association. §3407 of the Uniform ,,t3 514 Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of the condominium declaration ,? 1 515 (other than plats and plans), the bylaws, and the rules and regulations of the association. 516 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) 515 51 Buyer acknowledges that the Property is part of a planned community as defined by file Uniform Planned Community Act. (Sce Definition of !;1 I 518 Planned Community Notice for the definition contained in the Act). §5407(x) of the Act requires Seller to furnish Buyer with a copy of the ; i,? 519 Declaration (other than plats and plans), the bylaws, the rules and regulations of the association, and it Cerlificato curtaining [lie provisions set 520 forth in §5407(a) of the Act. 5?1 (A) Within days of the execution of this Agreement, Seller will submit a reques( to the association for it Certifirne of Resale and the doc- 1 522 uments necessary to enable Seller to comply with the Act. The Act provides [hat the association is required to provide these documents within 52:3 10 days of Seller's request. 5V (B) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Cerlific:ne in it timely manner, nor is Seller ?sz1 525 liable to Buyer for any erroneous information provided by the association and included in the Certificate. 52ri (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documents and for 5 (lays [hereafter, OR until 527 settlement, whichever occurs first. Buyer's notice declaring this Agreement void nnrst be in writing; (hereafter all deposit monies will be 528 returned to Buyer. 529 (D) In the event the association has the right Io buy the Property (right of first refusal), and Ihe association exercises [hat right, Seller will reimburse 530 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for (1) The premium for mechanics lien 531 insurance and/or title search, or fee for cancellation of same, if any; (2) The premiums for flood insurance and/or fire insurance with extend- 5 32 ed coverage, insurance binder charges or cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; 533 (4) Buyer's customary settlement costs and accruals. 53,1 23. MAINTENANCE, & RISK OF LOSS (1-00) 5:15 (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal 51t1l 536 wear an tear excepted. 5,17 (B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace rile item, Seller will promptly } ' 533 notify Buyer in writing of Seller's choice to: 539 Repair or replace the failed system or appliance before settlement or credit Buyer a( settlement I'm the fair market value of [lie failed Sys'- r.{, 540 tem or appliance (this option must be acceptable to the mortgage lender, if any). Ill cash case, Buyer accepts Ihe Property and agrees to ;, <<! 511 the RELEASE set forth in paragraph 25 of this Agreement, OR 54% 2. Make no repairs or replacements, and not credit Buyer a[ settlement for the fair market value of the failed system or appliance, in which . ,; 513 case Buyer will notify Seller in writing within 5 (lays or before settlement, whichever is sooner, that Buyer will: 511 a. Accept the Propera y and agree to rile REI_IASLi set forth in paragraph 25 of This Agrcenrcnl. OR 5.15 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 546 and this Agreement will be VOID. 54' (C) Seller will bear 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- 1; 548 erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and 5aa 54!1 promptly receiving all monies paid on account of purchase price or of accepting the Properly in its then condition together will] (lie proceeds rit 550 of any insurance recovery obtainable by Seller. Buyer is hereby notified that Btryer may insure Buyer's equitable interest in this Property as of 551 the time of execution of this Agreement. 552 24. WAIVER OF CONTINGENCIES (1-00) !i52 553 In the event this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's options 551 554 within the time limits specified in the contingency provision(s) will constitute a WAI VER of (hat contingency and Buyer accepts the Property ;-,I 555 and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 55;; 25. RELEASE (1-00) Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICGNSEE..S, EMPLOY- EES, and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or •,?,e,, 5! through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of 5511 the consequences thereof, whether now known or not, which may arise from the presence of termites or other woof[-boring insects, radon, 550 lead-based paint hazards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site 551 water service system, or any defects or conditions on the Property. This release will survive settlement. 562 26. REPRESENTATIONS (1-00) 563 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, 564 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. !;! i 565 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal property 56t; specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present condition unless otherwise 567 stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not made an indepen- 568 dent examination or determination of the structural soundness of file Property, the age or condition of' file components, environmental ;;c 569 conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have they made a mechanical ; 570 inspection of any of the systems contained therein. „'n 571 (C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations, s;i1 572 covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this 573 Agreement will not be altered, amended, changed, or modified except in writing executed by the parties. 571 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. ? 13 575 27. TIME OF THE ESSENCE-DEFAULT (1-00) ' 7 ? 576 he said time for settlement and all other times referred to for the perfonmance of any of the obligations of this Agreement are hereby agreed to be Mi 577 of the essence of this Agreement. For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding [lie ;x77 578 day this Agreement was executed and including the last clay of the time period. Should Buyer: 579 (A) Fail to make any additional payments as specified in paragraph 3; OR 580 (B) Furnish false or incomplete information to Seller, Listing Broker, Selling Broker, or the mortgage lender, if any, concerning Buyer's legal or 911 581 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain the ;8! 582 approval of a mortgage loan commitment; OR 583 (C) Violate or fail to fulfill and perform any other terms or conditions of this Agreement; 584 then in such case, Seller has the option of retaining all sums paid by Buyer, including the deposit monies, 1) on account of purchase price, or 531 585 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may elect, unless otherwise checked ;,t3;i 586 below. 587 Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. 506 537 588 If Seller elects to retain all sums paid by Buyer, including deposit monies, as liquidated damages, Buyer and Seller will be released from fur- , n3 589 ther liability or obligation and this Agreement will be VOID. 590 5134 591 590 592 •_UG??? 591 593 Buyer Initials a-? A/S-2K Page 7 of 8 +?lt'' 592 Seller Initial.: W V?9;r 330 12. STATUS OF WATER (1-00) 330 331(A) Sejjer represents that this property is served by: 331 332 Public Water 333 ? On-site Water 332 334 ? Community Water 333 335 ? None 334 336 ? 335 337 (B) WATER SERVICE INSPECTION CONTINGENCY 336 338 ;331 WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property. 13UYER WAIVES 338 339 THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 340 ? ELECTED 33? 340 41 1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if any, 341 342 otherwise to Seller, a written inspection report by a qualified, professional water testing company ol'the rualit 343 I Y and/or quantity of the wafer 1.12 service. 344 2. Seller agrees to locate and provide access to the on-site (or individual) water system, if aPI I ilicable, at Seller's expense, if required b the 1' r by ?a4 345 inspection company. Seller also agrees to restore the Property prior to settlement. 346 3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental authority and/or fails to ?7 347 satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, then Seller will, within days of receipt of 348 the report, notify Buyer in writing of Seller's choice to: 31€S 349 a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the ProPert3.+ 350 Y and agrees n to the RELEASE set forth in paragraph 25 of this Agreement, OR 111 0 351 b. Not upgrade the water service. ;1!i 352 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within 352 353 days, either: '{53 354 a. Accept the Property and the water service and, if required by the mortgage lender, it' any, and/or any governmental authority, upgrade 354 355 the water service before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 15 5 356 Buyer's expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in ;66 357 paragraph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within 5 days of Seller's 351 358 denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid oil account of purchase price will he :tiai 359 returned promptly to Buyer and this Agreement will be VOID, OR 359 360 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer 3rn 361 and this Agreement will be VOID. 362 13. STATUS OF SEWER (1-00) ,f1 362 363 (A) Seller represents that property is served by: 363 364 Public Sewer 364 365 ? Individual On-lot Sewage Disposal System (See Sewage Notice 1) 365 366 ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 366 367 ? Community Sewage Disposal System 367 368 ? Ten-acre Permit Exemption (See Sewage Notice 2) 368 369 ? Holding Tank (See Sewage Notice 3) 369 370 ? None (See Sewage Notice 1) 370 371 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 371 372 ? 372 373 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 373 374 ? WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 374 375 WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 375 376 ? ELECTED 376 377 1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if 377 378 any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. 378 374 2. Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the inspection company, 379 380 empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to settlement. 380 381 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within 381 382 days of receipt of the report, notify Buyer in writing of Seller's choice to: If 19f 383 a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer accepts the Prolpert 384 y and agrees to 383 the RELEASE set forth in paragraph 25 of this Agreement, OR 301 385 b. Not correct the defects, or if Seller fails to respond within the time given, Buyer will, within days, either: 385 386 (1) Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct 386 387 the defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 387 388 Buyer's sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set 338 389 forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of 389 390 Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase 390 391 price will be returned promptly to Buyer and this Agreement will be VOID, OR 391 397 (2) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 392 393 promptly to Buyer and this Agreement will be VOID. 391 394 4. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within days 394 395 of receipt of the report, submit a corrective proposal to Selling Broker, if any, otherwise to Buyer. The corrective proposal will include, but 395 396 not be limited to, the name of the remediation company; provisions for payment, including retests; and completion date for corrective mea- 396 397 sures. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer will: 397 398 a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Propert y and agrees to the RELEASE 398 399 set forth in paragraph 25 of this Agreement, OR 399 400 b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the 100 401 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's 401 402 sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set forth in para- 402 403 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denial, ter- +03 404 minate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be returned 404 405 promptly to Buyer and this Agreement will be VOID, OR 405 406 c. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly 406 407 to Buyer and this Agreement will be VOID. 407 408 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-00) 408 409 (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or homeowner association assessments 409 410 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 410 411 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 411 412 uncorrected, and that Seller knows of no condition that would cons ti to viol, tion of any such ordinances which remains uncorrected, unless 412 413 otherwise specified here: /?/r> a)!= l?iy? 414 413 415 414 41.9 416 (J ,? 416 417 Buyer Initials A/S-2K Page 5 of R Seller Iu '. W \ rte... 417 242 243 244 245 2116 147 2?1 rt 7F,'k ?g I ?;9 r;n 761 252 ?r"t r,.1 r7 7r,r; 260 270 771 27,^ 773 Y71 275 276 277 7.'76 779 7(ifi 261 28l 2113 264 285 78(i 787 28x1 ,q9 r !)1 ^1111 79.'. 294 795 296 707 2'+:'. 799 pli 301 307 30.1 :304 305 3116 207 108 309 ?10 311 312 313 311 :.315 31b 517 318 319 320 321 372. 321 3ni 327 328 329 (D) RISK ASSESSMENT/INSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978 242 , Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period of time) to conduct a risk assessment or inspection of 243 the Property for the presence of lead-based paint and/or leas(-based paint hazards. 7111 + WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Property 4o determine file presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES TI ]IS RIGHT and agrees to the RELI ASI set forth in paragraph 25 of this Agreement. ? ELECTED I. 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 !''+ paint hazards. The risk assessment and/or inspection will be completed within _ days of the execution of this Agreement (insert " " 10 unless Buyer and Seller agree to a different period of time). 2. Within the time set forth above for obtaining the risk assessment and/or inspection of the Property for lead-based paint and/or lead-based paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to Seller, a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report . 3. Seller may, within days of receiving the list and report(s), submit a written corrective proposal to Buyer. The corrective proposal will include, but not be limited to, the name of the rentediation company and a completion date for correclivC measures. Seller will pro- vide certification from a risk assessoror inspector that corrective measures have been made satisfactorily on of hefoic the completion date. 4. Upon receiving the corrective proposal, Buyer, within 5 days, will: a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set foidi in paragraph 25 of this Agreement, - OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly %r+ to Buyer and this Agreement will be VOID. r 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(D)3 of this Agreement, then Buyer, within 5 days, will: it. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Terminate this Agreement in writing, in which case all deposit ntottias paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of their knowledge. 11. RADON CONTINGENCY (1-00) r (A Seller represents that: (check appropriate response(s)) ?? ? * \ 1. Seller has no knowledge concerning the presence or absence of radon. 711 211 ? 2. Seller has knowledge that the Property was tested on the dates, by the methods charcoal canis(er, alpha track, etc.), and with the 2 results of all tests indicated below: DATE TYPE OFTEST RESUIXS (picacurics/liter or working levels) ,•t ,^ 7:r ? COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT X77 EITHER THE METHODS OR RESULTS OF THE TES'T'S. ? 3. Seller has knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: DATE RADON REDUCTION METHOD WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by it certified inspector (see Radon \Notice). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Af,rtemenl. ? ELECTED (B) Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property and will deliver a copy of the test report to Listing Broker, if any, otherwise to Seller, within days of the execution of this Agreement. (Sec Radon Notice.) I . if the test report reveals the presence of radon below 0.02 working levels (4 picocuries/liter), Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter). Buyer will, within days of receipt of the test results: ? Option I a. Accept the Property n writin a i g and agree to the RELEASE set forth in paragraph 25 of This Agreement, OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR C. Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests; and completion date for correc- tive measures. (1) Within 5 days of receiving the corrective proposal, Seller will: (a) Agree to the tenors of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not agree to the tents of the corrective proposal. (2) Should Seller not agree to the tents of the corrective proposal or fail to respond within the time given, Buyer will, within 5 days, elect to: (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. ? Option 2 a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests; and completion date for correc- tive measures. Seller will pay a maximum of $ toward the total cost of rentediation and retests, which will be completed by settlement. (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(13) (Option 2) b, Seller will, within 5 days of receipt of the cost of remediation, notify Buyer in writing of Seller's choice to: (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not pay for the total cost of rentediation and retests. (2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller fails to choose either option within the time given, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to: (a) Pay the difference between Seller's contribution to remediation and retests and the actual cost thereof, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Buyer Initials: A/S-2K Page 4 of 8 Seller Initials: 154 8. PROPERTY INSPECTION CONTINGENCY (1-00) 155 f?`?/ WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection and Environmental 145 156 Notices). BUYER WAIVES THIS OPTION and agrees to Ilse RELEASE set forth in paragraph 25 of This Agreement lrsa 1,97 ? ELECTED 158 (A) Within days of the execution of this Agreement, Buyer. at Buyer's expense, may choose to have inspections and/or certifications cons- I5 15 11 159 pleted by licensed or otherwise qualified professionals (see Property Inspection and Environmental Notices). This contingency does not apply i' a 1ii0 to the following existing conditions and/or items: (B) Other provisions of this Agreement may provide for inspections and/or certifications Ihat are not waived or altered by Buyer's election here. a' M (C) If Buyer is not satisfied with the condition of the Property ) 1e3 as staled in any wntlen report, Bu er will, within the time given for completing inspections: 164 ? Option 1 155 1. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, Its: 156 OR 161 2. Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, within the time given for inspection, in which tar t;tn case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 1€" a ? Option 2 irn t" I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, i 171 UNLESS the total cost to correct the conditions contained in the report(s) is more [hall $ 17' 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C) (Option 2) 11 a 7 1'Buyer will deliver the report(s) to Listing Broker, if any, otherwise to Seller, within the fame given for inspection. 174 a. Seller will, within days of receiving the report(s), inform Buyer in writing of Seller's choice to: 1;5 (1) Make repairs before settlement so that the remaining cost to repair conditions contained in the wpoll(s) is less than or equal to ! 1lf; the amount specified in paragraph 8 (C) (Option 2) 1. (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions coutained in the report(s) 17°1 and the amount specified in 1.,4 paragraph 8 (C) (Option 2) I. 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). t,nr? b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option _) _. Buyer will accept the ttln ? ? Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 1f-0' c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if Seller tails to choose any option within the time If? given, Buyer will, within days: 1;;" (1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this a t p5 Agreement, OR 1pr (2) Terminate the Agreement in writing b notice to Listing tto' paid on account of purchase price wiIf be returned pron>hllyatoocBuyer and1his Agreement will be Vol Dase all deposal monies 1st1 9• OD INFESTATION CONTINGENCY (1-00) 1tag WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for wood infestation by a certified Pest Control "'n Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement 1R1 ? ELECTED (A) Within days of the execution of this Agreement, Buyer, al Buyer's expense, will obtain a written "Wood-Destroying Insect Inlesialion tg; Inspection Report" from a certified Pest Control Operator and will deliver it and all supporting documents and drawings provided by the Pest Control Operator to Listing Broker, if any, otherwise to Seller. The report is to be made satisfactory to and in compliance with applicable laws, mortgage and lending institutions, and/or Federal Insuring and Guaranteeing Agency requirements, if any. '['lie inspection will include all read- I`IO ily visible and accessible areas of all structures on the Property except the following structures, which will not be inspected; 197 ITT (B) If the inspection reveals evidence of active infestation(s). Seller agrees, at Seller's expense and hefore settlement, to (real for active infesta- 19:1 tion(s), in accordance with applicable laws. 2o0 (C) If the inspection reveals damage front active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has Ilse option to oblain a writ- 701 ten report by a professional contractor, home inspection service, or structural engineer that is limited to structural damage Io the Property caused ?' by wood-destroying organisms and a proposal to repair the damage. Buyer will deliver the structural damage report and corcctive proposal to Listing Broker, if any, otherwise to Seller, within days of delivering the original inspcclion report. 7t!' (D) Within 5 days of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will repair, it Seller's expense and before settlement, any structural damage from active or previous infestation(s). (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaitted and agrees to the RELEASE set forth in paragraph 25 of this Agreement. n» (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given. Buyer, within 5 days of "I 209 receiving Seller's notice, will notify Seller in writing of Buyer's choice to: 716 1. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE set forth in part- 711 graph 25 of this Agreement, OR 717 2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with SelIff's permission, which will 713 not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this 214 Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within 5 days of Seller's denial, lernninate this Agreement. 21!5 If Buyer terminates this Agreement, all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this 2. IF, Agreement will be VOID, OR 21-11, 3. Terminate this Agreement, in which case all deposit monies paid on account o1" purchase price will be returned promptly to Buyer and 218 this Agreement will be VOID. 219 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPE'RTIE'S 221) 911ILT BEFORE 1978 (1-00) 771 X NOT APPLICABLE I2p 277 ? APPLICABLE 221 ?23 (A) Seller represents that: (check I OR 2) 222 223 224 ? 1. Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property, 724 725 ? 2. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for 775 2713; detemtining that lead-based paint and/or hazards exist, the location(s), tile condilion of the painted surf"aces, and olher available infornta- -713, 22' tion concerting Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazards.) - 2lti _ 728 (B) Records/Reports (check I OR 2) - '? ?36 ? 1. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property. 231 ? 2. Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or Icad-based paint hazards in or about " 732, the Property. (List documents) 21, 234 (C) Buyer's Acknowledgement 235 ? 1. Buyer has received the pamphlet Project Your Family fivin Lead in Your !lame and has read the Lead Warning Statement contained in this 236 Agreement (See Environmental Notices). 237 Buyer's Initials 73ft Date .. ? 2. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards, as identified in paragraph IP(A) and zas has received the records and rep -. pertaining to lead-based paint and/or lead-based paint hazards identified ' a -a r ph 10(B). 240 Buyer's Ina ' 1 Rafe :'t1 Buyer Initials: A/S-2K Page 3 of 8 _.v_._......_.__... Seller Init I 594 28. BROKERS (1-00) The Business Relationships between the Broker(s) and Seller and Buyer are as follows, UNLESS a different relationship is 594 595 checked below. 596 (A) The Listing Broker is Agent for Seller. 595 597 (B) The Selling Broker is Agent for Buyer. 596 598 (C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all licensees, UNLESS there is 598 599 a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer. If the same Licensee is designated for Seller and Buyer, the Licensee is 599 600 a Dual Agent. 601 A Business Relationship exists that is different from above, as follows: 600 602 ? The Selling Broker is the Agent/Subagent for Seller. 60 t 603 ? The Selling Broker is a Transaction Licensee. 602 604 ? The Listing Broker is a Transaction Licensee. 603 605 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terns of this Agreement. 601 606 29. MEDIATION (7-96) 601+ 607 ? NOTAVAILABLE 606 607 608 ? WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there will be no obli- 608 609 gation on the part of any party to do so. 610 ELECTED 601) 611 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation, in accordance with the Rules 51 t 612 and Procedures of the Horne Sellers/Home Buyers Dispute Resolution S stem. Any 613 signed by the parties will be binding. y Y agreement reached through a mediation conference and 612 614 (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and PPOCCdures of the home Sellers/Home Buyers 61a 615 Dispute Resolution System. (See Mediation Notice.) 616 (C) This agreement to mediate disputes arising from this Agreement will Survive Selllentent. 06 fill ;1(i 616 Buyer and Seller acknowledge that they have read and understand the notices and explanatory 6 611 619 infin'mation set Forth in this A reernent• 6tH 620 Buyer acknowledges receiving a copy of this Agreement at the time of signing. 519 621 67 622 NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEME 621 NT IS A BINDING CONTRACT. Ret by F.- 1 623 Agreement, and all addenda, bearing the signatures of all parties, con titut s acceptance of this Ag een t n I. P rtiestto thisrtransaction'at (FAX) sled 621 624 to consult an attorney before signing if they desire legal advice. 625 4 626 WITNES ?t BUYER ? f7`' 627 Buyer?TV3me (print) - `?--? DATE t r; 628 Mailing Address S # F27 629 Phone #s FAX # 6 H 630 - - if 1121 G31 WITN ?? BUYER i;:al 632 Buyer Name (print) DATE T f;.11 633 Mailing Address SS# 634 Phone #s 635 FAX # E-Mail 6311 634 636 WITNESS BUYER 635 637 Buyer Name (print) SS DATE 637 638 Mailing Address # 637 639 Phone #s FAX # 639 640 E-Mail 631) 641 Seller hereby approves the above contract this (date) 640 642 and in consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Listing Broker a fee of _ 641 643 of/from the herein specified sale price. In the event Buyer defaults hereunder monies paid on account will be divided s? -ka tin 642 644 Seller,_ Ste- Listing Broker, but in no event will the so 7n 643 645 the Listing Broker be in excess of the above specifie BLeerr'ss 611 646 WITNE SELLE 6a5 G47 Seller Nat en print) s llA'CE I 646 648 MailingAddress SS # 617 649 Phone #s FAX # 6`10 650 ` E-Mail 1;49 651 WITNES SELLE 650 652 Seller Nan rint) DATE ?? r51 653 Mailing Address SS # _/7Q 3 5! 652 554 Phone #s FAX # ?T 653 655 E-Mail _ 1851 656 WITNESS SELLER 655 657 Seller Name (print) DATE 657 658 Mailing Address SS # 657 659 Phone #s FAX # 658 G 660 Mail 659 661 Brokers'/Licensees' Certifications (check all that are applicable): 660 662 ? Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees involved in 667 663 this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief. 663 664 Acknowledgement: The Licensees involved in this transaction have informed Seller of Seller's obligations under The Residential Lead Paint 664 665 Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance. 666 fi65 677 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and (heir brokers, certify that 667 668 the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of 668 569 these parties in connection with this transaction is attached to this Agreement. 679 679 671 Regarding Mediation: The undersigned ?( Lislin Broker 670 672 g [] Selling Broker agree to submit to mediation in accordance with para- 671 graph 29 of this Agreement. 673 672 674 LISTING BROKER (Com q' any Name) - v? 673 675 ACCEPTED 674 676 DATE 00 1111 / 675 677 SELLING BROKER (Company Name) 677 676 ACCEPTED BY 677 679 DATE 678 680 AS-2K Page 8 of 8 I' 79 680 CC1 7 W",c --, (k.ov Prudential Thompson Wood Real Estate In Reference To The A (Seller) and of Sale Between: 9 sc>6 CAST. LG/ Ool?t/?6 (Buyer) dated -7 o for the purchase of the property located at 7, The Undersigned Buyer And Seller Hereby Agree To The Following: M,5770 7 l T !Z d ffW 7.6 • /Lt?U/62t'Z? 956/ ?METMgL /4/?f'!ZOlJr¢LS A MIA11 M0 itl GF _3. /?//5 /`fb/2F?7???7UT' /S_ G'U/cJ%/f1>6?`7vT UP6? T}?f? ,are ?i?--rte r &12G,c1 SjA)6 -?T7L N? one -17-YE Co C?4T? ?7-- 9/6 L Upon the execution by both parties, this addendum is made an integral part of the aforementioned Agreement of Sale. Except for the above terms and conditions, all other elements contained in the Agreement of Sale sIjQll remAin in force. WITNESS - WITNESS WITNE S - WITNESS ` A Addendum To Agreement for the Sale of Real Estee BUYER BUYER SELLER SELLER DATE _ -- DATE ;, DATE DATE PTWAAS 05123100 4? Prudential y Addendum To Thompson Wood ?, r :: p Real Estate Agreement for the le_ of Real EstteM In Refe ?en/ceT?o. The Agreement of S le Between: (Seller) and (Buyer) dated 7/?ZO / for the purchase of the property located at 7. The Undersigned Buyer And Seller Hereby Agree To The Following: ,01F --72 12ECI ?J/N& ?n1A ?J ?/?2?? tli _5"'O 'V /g'41eo gG S .11 0)2 v ?gtiu? 30, boa a u?t?I?t,?v?-ae oCcu?s ??.ST '' s zLe7e A62E?= s M Coo 7'zi9?? M1771 /QC? ?/?2 oN ?5 6 ,1 *6 4W V SU P cM l S Rio N HOC U rtiI &-rW'j?S ??Z? > > 2t? >V Z3&),AJSN//° 02 dDU n/ T V SD 40126, 45 Sf1) b Q2CU X4&W 75- tiJOT 1A.)&U2,V ScZL?2 ? ER P US SCZ CE/2 )gQei-? 7.6 6/ d6 4 u y'R ?ET? S??uf18c? ?cC SS 7Z? aj N 725 CVNbucr ?u??c? STS fhvb fit-1- &7W=-7a 57Z,16/ES ?Qu/,2c- 7a 467NiAJ 106WA717' Upon the execution by both parties, this addendum is made an integral part of the aforementioned Agreement of Sale. Except for the above terms and conditions, all other elements contained in the Agreement of Saleshall.?emain in force. WITNESS c-- BUYER WITNESS BUYER WITNESS SELLER WITNE SELLER DATE - -? DATE Z DATE DATE PTWAAS 05/23/00' ' Prudential "Raw Addendum To Thompson Wood Agreement for the Sale of Real Estate Real Estate In Reference To The Agreement of Sale Betyveen: We;??ff 72-7- _?j 4 /4 lel-lw 2) (Seller) and 6- %L 6 /Af4 l ? (Buyer) dated 71e 7 D / for the purchase of the property located at . .:?«-M , The Undersigned Buyer And Seller Hereby Agree To The Following: / -ram--? ?'? u!/C-let L) e9 1 L S X75 --43L ZM(E bA) Z/- i93 , i2? 1` c ?' Pawl 7WC % i,2c??rt-7U7' ,4CG C N 6 ? N e ? _ ? ?v ? S Tu z/ES d rU )a (2-T 6 '7A5- ?3C? ?lL ie- 2 Ez?T 0 S C S EU EV' w L Z / /y L t t ' F 4e- C- k6/Y-5 i7)aO A-LL aca i ,`' 610 ? ?#&F Upon the execution by both parties, this addendum is made an integral part of the aforementioned Agreement of Sale. Except for the above terms and conditions, all other elements contained in the Agreement of Sale shall remain in force. WITNESS WITNESS BUYER BUYER WITNESS S WITNES - 021 S DATE DATE DATE (? d 1 DATE,) 0 I PTWnn? 05011nn STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of RFAL.TORS00 (PAR). PA LICENSED B KER LISTII i? BROKER (Company) 67V /4 C- A. 3 Ll.?cav D ADDRESS - GC ,o PH 7?,.,r._liG-3 FAX DESIGNATED AGENT FOR SELLER (if applicable) I. COW Agreement, dated 2 SELLER(S): 1A L 3 4 5 BUYER(S): fi 7 A/S-2K , is between called "Seller," and a 2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: -.' called "Buyer." 9 ALL THAT CE.R[TAAIN lot or piece o Around with buildin a`nd improvements thereon erected, if any, known as: 11 in the e9 12 County ol?o ,m ts L Aal ? of _ in the PageC ecord ill; D il te?f Pennsylvania, 13 Identification (e.g., Tax ID#; Parcel #; Lot, Block; Deed Book, 14 15 3. TERMS (1-00) 16 (A) Purchase Price C 17 Code 18 which will be paid to Seller by Buyer as follows: 19 (B) Cash or check at signing this Agreement: 20 (C) Cash or check within *aF days of the execution of this Agreement: 21 (D) 22 (E) Cash, cashier's or certified check at time of settlement: 23 TOTAL 24 (F) Deposits paid on account of purchase price to be held by Listing Broker, unless otherwise statecl here: 25 26 (G) Seller's written approval to be on or before: _J !J L 27 (H) Settlement to be made on or before: r&4 /t4 28 (I) Conveyance from Seller will be by fee simple deed of special 29 DUv a 10-1 $ O c_> $ $ C?C? ?' O unless otherwise state([ here: 30 (J) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: s1 32 (K) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes; 33 rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water and/or sewer fees if any together 34 with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Scller will pay up to and including the 35 date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 36 37 4. FIXTURES & PERSONAL PROPERTY (1-00) 6 30 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; 39 heating; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers 40 and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the 41 Property at the time of settlement; wall to wall carpeting; window covering hardware, shades, blinds; built-in air conditioners; built-in appli- 42 ances; and the range/oven unless otherwise stated. Also included: 43 44 (B) LEASED items (items not owned by Seller): 45 46 (C) EXCLUDED fixtures and items: 47 48 5. SPECIAL CLAUSES (1-00) 49 (A) Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 50 (B) 1>)wym- nd Seller have received a statement of their respective estimated closing costs before signing this Agreement. 51 (C) ? Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by law. (See Notice, Information 52 Regarding the Seller's Property Disclosure Act.) 53 (D) ? Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding deposit money) before signing this 54 Agreement. 55 (E) The following are part of this Agreement if checked: 56 ? Sale & Settlement of Other Property ? Settlement of Other Property Contingency Addendum (PAR Form 133) 57 Contingency Addendum (PAR Form 130) ? Tenant-Occupied Property Addendut (PAR Form TOP) 56 ? Sale & Settlement of Other Property Contingency 4 L?),-N _)Lk 6N ,? 59 with Right to Continue Marketing Addendum ? so (PAR Form 131) ? 61 62 ."J 6 Buyer Initials: ® Pennsylvania Association of REALTORSO REAU0110 TIN Voke M Heal E?tale® In PenmYl•elda A/S-2K Page 1 of 8 Seller lnitials: COPYRIGHT PENNSYLVANIA ASSOCIA'T'ION OF REALTORS@ 1998 1700 PA LICENSED BROKER SELLING BROKER (Company) ADDRESS PH --- --- FA X ---- - DESIGNA'rED AGENTFOR BUYER (if applicable) Dollars t 11 f7 i3 15 ?G 17 19 2n ;? t <2 23 24 1a 3) t2 l ;a 3r, 37 39 all 42 4:3 '44 45 46 47 48 49 5U 51 52 53 54 55 56 57 58 59 66 61 62 63 64 65 66 67 68 69 70 71 72 73 7,1 75 76 77 7e 79 80 .11 132 113 811 8:i Sr, 87 U 89 90 91 92 93 94 95 96 91 93 99 100 101 102 10:; 104 105 '106 107 108 109 110 111 112 113 114 '115 116 117 118 119 120 121 #27 174 i <'!i 1'1"n 128 i7q 13(1 1;11 132 133 134 135 136 137 138 139 140 141 1,12 143 144 145 146 147 148 149 150 151 152 153 7. 6. MORTGAGE CONTINGENCY (1-00) fi ? WAIVED. This sale is NOT contingent on mortgage financing. 68 ELECTED 69 (A This sale is contingent upon Buyer obtaining mortgage financing as follows: I. Amount of mortgage loan $060 0/VGtLjZ)1 .)4, m?jl'U 41VC1 4 o,V 7Ur 2. Minimum Term I years GE'L 3. Type of mortgage C , 7 4. Interest rate _F_ %; however, Buyer agrees to accept the interest rate as may be committed by the mortgage lender, not to exceed a maximum interest rate of jo%. 5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (excluding any mortgage insurance premiums or VA funding fee) not to exceed _(D_____,/, of, the mortgage 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 'a interest rate at or below the Maximum Interest Rate specified herein with the percentage fees at or below the anxxntt specified herein. Buyer 0 gives Seller the right, at Seller's sole option and as permitted by the lending institution and applicable laws, to conU-ibute financially, without promise of reimbursement, to the Buyer and/or lender to make the above ternis available to Buyer. ?a I (B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application to a responsible mortgage lend- ing institution. The Selling Broker, if any, otherwise the Listing Broker, is authorized to communicate with the lender for the purposes of assisting in the mortgage loan process. ' (C) I. Upon receipt of a mortgage commitment, Buyer and/or Selling Broker will promptly deliver a copy of the conummitnment to Listing Broker, if any, otherwise to Seller. X72; 2. Mortgage commitment date 1? ?j ??® ? If a written conunilment is not received by Listing Broker, if any, otherwise by tSeljI0er,Lhy ?W P? Nthe above date, But y and Seller agree to extend the commitment date until Seller ter- "t! 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. Is not valid until the date of settlement, OR !1 b. Is conditioned upon the sale and settlement of any other property, OR C. Contains any other condition not specified in this Agreement. In the event Seller does not terminate this Agreement as provided above, Buyer has the option to terminate this Agreement in writing if t the mortgage commitment: a. Is not obtained by or valid until the date of settlement, OR 9G b. Is conditioned upon the sale and settlement of any other property which do not occur by the date of setllcnient, OR sal C. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of settlement. 9r 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 will ' 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 any; 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 mortgage Icmders rcquirenieuts to Listing Broker, if any, otherwise to Seller. Seller will, within 5 days of receipt of the lender's requirements, notil'y Buyer whether Seller will make the 1t.•1 required repairs at Seller's expense. iPS 1. If Seller chooses to make repairs, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement. 2. If Seller chooses not to make the required repairs, Buyer will, within 5 days, notify Seller in writing of Buyer's choice to terminate this !'! Agreement OR make the required repairs at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within 5 clays of Seller's denial, terminate this Agreement. It' Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. i11 (E) Sel r Assist NOT APPLICABLE ? APPLICABLE. Seller will pay: 114 #t1 ? $ maximum, toward Buyer's costs as permitted by the mortgage lender. 115 FHA/VA, IF APPLICABLE (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless4 Buyer has keen giovenno,riaDrect n Direct dance with HUD/FHA or VA requirements, a written statement by the Federal Housing Commissioner. Veterans Adnminis[rati, 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 this Agreement). Buyer will have the privilege and option of proceeding with consummation of the con- tract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. I-IUD does not warrant the value nor the condition of the Property. Buyer should satisfy himself/herself that the price and condition of the Property are acceptable. Warning: Section 1010 of Title 18, I.S.C., Department of Housing and Urban Development provides, "Whoever for the purpose of' ... in11t!- encing in any way the action of such department ... makes, passes, utters or publishes any statement knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (G) U.S. Department of Housing and Urban Development (IIUD) NOTICE TO PURCHASERS: Buyer's Acknowledgement ? Buyer has received the [IUD Notice "For Your Protection: Get a I Ionic Inspection" (see Notices and Information on Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has thought about this before signing this Agreement. Buyer's Initials Date (H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the termms of this contract for purchase are true to the best of our knowledge and belief, and that any other agreement entered into by any of these parties in connection with this n-ansac- tion is attached to this Agreement. INSPECTIONS (1-98) (A) Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surveyors, municipal officials and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further agrees to permit any other inspections required by or provided for in the terms of this Agreement. (B) Buyer reserves the right to make a pre-settlement walk-through inspection of the Property. Buyer's right to make this inspection is not waived by any other provision of this Agreement. (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. Buyer Initials: l A/S-2K Page 2 of 8 Seller Initials: kq?A a 1i3 !19 n. I;n !:!! 1;'6 1,19 1:111 1ml -19 145 1-17 148 149 150 151 157 15;3 154 8. I '_ ?y{OPERTY INSPECTION CONTINGENCY (1-00) 155 WAIVED. Buyer understands that Buyer has the option to request inspections of file Pro?crt tit 156 Notices). BUYER WAIVES THIS OPTION and agrees to file. RELEASE set forth in tty2(s e PriTerlY hispedclion and Envir paP"I'onmental 151 ? ELItCTED ;,. 1111' (A) Within days of file execution of this Agreement, Buyer, of Buyer's expense, may choose to have inspections anti/or certiIicttioils corn- I?`` pleted by licensed or otherwise qualified professionals (see Properly Inspection and Environnncnial Notices). This contingency does not apply ;(4) to the following existing conditions and/or items: (B) Other provisions of this Agreement may provide for inspections anti/or certifications dial are not waived or altered by Buyer's election here. (C) If Buyer is not satisfied with the condition of the Property as stated in tiny wrillen reporl, Buyer will, within the time given liar completing inspections: ir' ? Option 1 165 L Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, 16 5 165 OR 1 r I er; 2. Terminate the Agreement in writing by notice to Listing Broker, ifa ny, otherwise to Seller, within the rinse given for ins section, in which case all deposit monies paid on account of purchase price will be returned pronrplly 10 Buyer and this Agreement will be VOID. "'' ? Option 2 I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of this Agreement, ! °n f i t UNLESS the total cost to correct the conditions contained in the report(s) is more than $ i ill 2. If the total cost to correct the conditions contained in the report(s) EXCEEDS the annount specified in paragraph 8(C) (Option 2) I, 1 Buyer will deliver the report(s) to Listing Broker, if any, otherwise to Seller, within the lime given Ibr inspection. a. Seller will, within days of receiving life report(s), inform Buyer in writing 0f'Seller's choice 10: (1) Make repairs before settlement so That file remaining cost to repair conditions Contained in the report(s) is lens Ihan or equal to s, the amount specified in paragraph 8 (C) (Option 2) 1. a (2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions cont;rirx•d in the report(s) , and Ilse anunnal specified in paragraph 8 (C) (Option 2) I. Th;s option Must be acc•epfahle In the nualgage lender, it any. (3) Not make repairs and not credit Buyer al 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 (C) (Option 2) 2, Buyer- will accept file Property and agree to the RELEASE set forth in paragraph 25 of this Agrecntcnl, C. If Seller chooses not to make repairs and not to credit Buyer al sclllentenl, or it' Seller fails to choose any option within the time given, Buyer will, within days: " (1) Accept the Property with file information stated in file report(s) and agree to the R1iLEASIi .set mirth in paragraph 25 of this Agreement, OR (2) Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, in which case all deposit monies paid on account of purchase price will be returned promptly to 131.lyer and this Agreenmenl will he VOID. 9. WOOD INFESTA'T'ION CONTINGENCY (1-00) WAIVED. Buyer under:sdands that Buyer has the option to request that the Property be inspected for wood inlcsration h it certified P csl C on trol Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE sel forth in paragraph 2,5 of this Agreement. ? ELECTED (A) Within days of the execution of this Agreement, Buyer, at Buyer's expense, will obtain a written "Wooed-Destroying Insect Infestation Inspection Report" front it certified Pest Control Operator and will deliver it and all supporting documents and drawings provided by the Pest Control Operator to Listing Broker, if any, otherwise to Seller. The report is to be made satisfactory to and in compliance Willi applicable laws, `:, mortgage and lending institutions, and/or Federal Inswing and Guaranteeing Agency requirentenls, if any.'['he inspection will include all lead- "r ily visible and accessible areas of all structures on file Property except the following structures, which will not be inspected: (B) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to trcal for active infesda- 1,. "' tion(s), in accordance with applicable laws. ,'PO (C) If the inspection reveals damage from active infestation(s) or previous infestation(s). Buyer, at Buyer's expense, has the option to obtain it writ- T1 ten report by a professional contractor, home inspection service, or structural engineer that is limited 10 structural damage to the Properfy caused by wood-destroying organisms and if proposal to repair the damage. Buyer will deliver fhc structural damage report and corrective proposal to Listing Broker, if any, otherwise to Seller, within t days of delivering the original inspection report (D) Within 5 days of receiving the structural damage report and corrective proposal, Seller Will advise Buyer whether Seller will repair, at Seller's expense and before settlement, any structural dannage from active or previous infestation(s). (E) If Seller chooses to repair structural damage revealed by the report Buyer agrees to accept the Properly its repaired and apees to the RELEASE set forth in paragraph 25 of this Agreement. 6 (F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer, within 5 clays of 2tf`r receiving Seller's notice, will notify Seller in writing of Buyer's choice to: 1. 16 1. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE set distil in pal-a- t graph 25 of this Agreement, OR I 1 u, 2. Make the repairs before settlement, if required by the mortgage lender, if any, in Buyer's expense and with Seller's permission, which will ' not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this ri,1 Agreement. If Seller denies Buyer permission to make the repairs, Buyer may, within 5 days ol" Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price shall be returned promptly to Buyer and this fS Agreement will be VOID, OR l''' 3. Terminate this Agreement, in which case all deposit numieS paid on account of purchase price will be returned promptly to 13u cr and 918 this Agreement will be VOID. y '1!1 10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUC'T'ION ACT NO'T'ICE RI QUIRED FOR PROPI1,R'1'I14,S tr, M B LT BEFORE 1978 (1-00) 72 f NOT APPLICABLE Zit ? APPLICABLE .r 223 (A) Seller represents that: (check I OR 2) 224 ? 1. Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property. ; 275 ? 2. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Properly. (Provide the basis for ^2t determining that lead-based paint and/or hazards exist, the location(s), the condition of'the painted surfaces, and other available informa- Lion concerning Seller's knowledge of the presence of lead-based paint and/or lead-based paint hazar(s.) 228 : '; ''29 (B) Records/Reports (check I OR 2) 230 ? 1. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in or about the Property. '31 ? 2. Seller has provided Buyer with all available records and reports ertainin ?32 the Property. (List documents) p b to lead-based paint and/or lead-based paint hazards in or about '?1 2 ?.3 234 (C) Buyer's Acknowledgement 7,35 ? 1. Buyer has received the pamphlet Protect Your Family from Lead in Your /tome turd has read fife Lead Warning Statement contained in this ?'5 236 Agreement (See Environmental Notices). ?37 Buyer's Initials f `•31t Date 139 ? 2, Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards, as identified in paragraph 10(A) and ; has received the r orris a c eports pertaining to lead-based paint and/or lead-based paint hazards identified in paragraph 10(13). i 16 Buyer's t' s -'11 Buyer Initials: Date it A/S-2K Page 3 of 8 Seller Initials: -,,1.f 'lrfi 777 133 It,A 1t'i tn; ?s zssr )?11 iS 11'1 ^,It? r ri- ,1:-I IN mai 31< 1? 1Ia 3 l ii 317 3r t21 :t2 r 329 ;129 (D) RISK ASSESSMENTANSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period of time) to conduct a risk assessment or inspection of thy, Property for the presence of lead-based paint and/or lead-based paint hazards. WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Properly To dCICI'n1n1c (Ile presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES 'fl [IS RIGI IT and agrees to the RI?LFIASI? scl forth in paragraph 25 of this Agreement. ? ELECTED I. Buyer, at Buyer's expense, chooses to obtain it risk assessment and/or inspection of the Properly for lead-based paint and/or lead-based paint hazards. The risk assessment and/or inspection will be completed within days of the execution of this Agreement (insert "10" unless Buyer and Seller ilgrcc to a diflcrenl period of (intc). 2. Within the time set forth above 1i1• obtaining; the risk assessment and/or inspeclion ol'the Properly for lead-based paint and/or lead-based paint hazards, Buyer may deliver to Listing Broker, if a ny, otherwise to Seller, a wrincn list of IhC specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of (he risk assessment and/or inspection report. 3. Seller may, within days of receiving the list and report(s), submit a wrillcn corrective proposal to Bu)er. The corrective proposal will include, but not he limited to, the name of the renlcdialion company and a completion dole for corrective nleasuirs. Seller will pro- vide certification from a risk assessor or inspector that corrective measures have hcen made satisfactorily on or het ore the completion date. 4. Upon receiving the corrective proposal, Buyer, within 5 (lays, will: it. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agrecment, OR b. Terminate this Agreement in writing, in which case all deposit nxarics paid on account of purchase price will he returned promptly to Buyer and this Agreement will be VOID. 5. Should Seller fail to submit a written corrective proposal within the time set forth in paragraph 10(1))3 of this Agreement. [[tell Buyer, within 5 days, will: a. Accept the Property in writing, and agree to the RFLFASF set forth in paragraph 25 of (his Agreement, OIL b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. (E) Certification By signing this Agreement, BLIyCr and Seller eerlify the accr.nacy of their respective statements, to the hest of their knowledge. 11. RADON CONTINGENCY (II-00) Seller represents that: (check appropriate response(s)) 1. Seller has no knowledge concerning the presence or absence of radon. ? 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha (rack, etc.), and with the results of all tests indicated below: DATE TYPE OF TEST RESULTS (picocuries/tiler or working ICVCIS) COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES NOT WARRANT' EITHER THE METHODS OR RESULTS OF THE TEST'S. ? 3. Seller has knowledge than the Property underwent radon reduction measures on the date(s) and by (he method(s) indicated below: DATE RADON REDUCTION METHOD WAIVED. Buyer understands that Buyer has (he option to request that the Property be inspected for radon by a certified inspector (See Radon Notice). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ? ELECTED (B) Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Properly and will deliver a copy of the test report to Listing Broker, if any, otherwise to Seller, wilhin ____ days of the execution of This Agrecment. (Sec Radon Notice.) I. If the lest report reveals the presence of radon below 0.02 working ICVCIN (4 picocuries/liter), Buyer acccp(s the Property and agrees (o the RELEASE set forth in paragraph 25 of (his Agreement. 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will, within days of receipt of the test results: ? Option I a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agrecnrcnl, OR b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchaSC price will be returned promptly to Buyer and this Agreement will be VOID, OR C. Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests: and completion date for correc- tive measures. (1) Within 5 clays of receiving the corrective proposal, Seller will: (a) Agree to the terns of the corrective proposal in writing, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not agree to the terns of the corrective proposal. (2) Should Seller not agree to the terms of time corrective proposal or fail to respond within the time given, 131.1ycr will, within 5 days, elect to: (a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. ? Option 2 a. Accept the Property in writing and agree to (lie RELEASE set forth in paragraph 25 of this Agreement, OR b. Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. 'The corrective proposal will include, but not be limited to, the name of the certified mitigation company; provisions for payment, including retests, and completion (late for correc- tive measures. Scller will pay a maximum of $ toward the local cost of reomediation and retests, which will be completed by settlement. (1) If the total cost of remediation and retests EXCEEDS the amount specified in paragraph 11(13) (Option 2) b, Seller will, within 5 days of receipt of the cost of remediation, notify Buyer in writing of Seller's choice lo: (a) Pay for the total cost of remediation and retests, in which case 13ttyer accepts the Properly and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR (b) Not pay for the total cost of remediation and retests. (2) If Seller chooses not to pay for the total cost of renmecliation and retests, or if Seller fails to choose either option within the time given, Buyer will, within 5 days, nosily Seller in writing of Buyer's choice to: (a) Pay the difference between Seller's contribution to remediation and retests Mill the actual cost thcrcof, in which case Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 25 of this Agrecment, OR (b) Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returnedI promptly to Buyer and ' Agreement will be VOID. Buyer Initials: A/S-2K Page 4 of L(? 8 Setter Initials. . 329 12. STATUS OF WATER (1-00) (A) Se ler represents that this property is served by: 330 Public Water .. 331 C1 On-site Water 732 ? Community Water jai ? None El :1a4 ass (B) WATER SERVICE INSPECTION CONTINGENCY 336 337 WAIVED. Buyer acknowledges that Buyer has the option to request an inspection of the water service for the Property BUYER WAIVES 338 THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement ? ELECTED 1311 ?:i 1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if any, otherwise to Seller, a written inspection report by a qualified, professional water testing company of the quality and/or quantity of the water service. 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 r inspection company. Seller also agrees to restore the Property prior to settlement. 3. If the report reveals that the water service does not meet the minimum standards of an applicable governmental authority and/or fails to satisfy the requirements for quality and/or quantity set by the mortgage lender, if any, hen Seller will, within the report, notify Buyer in writing of Seller's choice to: days of receipt of a. Upgrade the water service to the minimum acceptable levels, before settlement, in which case Buyer accepts the Property and agrees " t3 to the RELEASE set forth in paragraph 25 of this Agreement, OR b. Not upgrade the water service. t7 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or fails to respond within the time given, Buyer will, within -i2 days, either: a. Accept the Property and the water service and, if required by the mortgage lender, if any, and/or any governmental authorit, u Ij' I the water service before settlement or within the time required by (he mortgage lender, if any, and/or any y Pglade ; tority, at Buyer's expense and with Seller's permission, which will not be unreasoably withheld, and agree to(I e RELEASE setlnforth in .`?, paragraph 25 of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may, within 5 days of Seller's S 7 denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be 0 returned promptly to Buyer and this Agreement will be VOID, OR b. Terminate this Agreement, in which case all deposit monies paid oil account of purchase price will be returned promptly to Buyer ? p and this Agreement will be VOID. 3. STATUS OF SEWER (1-00) 1 (A) S tier represents that property is served by: Public Sewer 3ti 63 [] Individual On-lot Sewage Disposal System (See Sewage Notice 1) 164 366 ? Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if al plicable Community Sewage Disposal System ) 366 E] ? Ten-acre Permit Exemption (See Sewage Notice 2) 3r,7 El Holding Tank (See Sewage Notice 3) 369 ? None (See Sewage Notice 1) j69 ? None Available/Permit Limitations in Effect (See Sewage Notice 5) 37Q 371 (B) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY 172 ? WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the Property. BUYER 3; 1 WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement. ? ELECTED a;S 1. Buyer has the option, within days of the execution of this Agreement and at Buyer's expense, to deliver to Listing Broker, if ,.3771 any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the individual on-lot sewage disposal system. ItR 2. Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the inspection company, 30 empty the septic tank, at Seller's expense. Seller also agrees to restore the Property prior to settlement. 3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller will, within days of receipt of the report, notify Buyer in writing of Seller's choice to: a. Correct the defects before settlement, including retests, at Seller's expense, in which case Buyer aCCC nts file I ro d rt the RELEASE set forth in paragraph 25 of this Agreement, OR 1 I ' Y and agrees to ?%(3 b. Not correct the defects, or if Seller fails to respond within the time given, Buyer will, within 3(11 _ days, either: IMi (1) Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmen(al authority, correct M6 the defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at 387 Buyer's sole expense and with Seller's permission, which will not be unreasonably withheld, and agree to the RELEASE set 388 forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of 389 Seller's denial, terminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase 390 price will be returned promptly to Buyer and this Agreement will be VOID, OR (2) Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned 02 391 promptly to Buyer and this Agreement will be VOID. 4. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within ,113 of receipt of the report, submit a corrective proposal to Selling Broker, if any, otherwise to Buyer. The corrective proposal will include, but 3 ({, - days not be limited to, the name of the remediation company; provisions for payment, including retests; and completion date for corrective mea- i1 6i sures. Within 5 days of receiving Seller's corrective proposal, or if no corrective proposal is received within the time given, Buyer will: :N7 a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and agrees to the RELEASE .330 set forth in paragraph 25 of this Agreement, OR b. Accept the Property and the system and, if required by the mortgage lender, if any, and/or any governmental authority, correct the '1n6 defects before settlement or within the time required by the mortgage lender, if any, and/or any governmental authority, at Buyer's aft i sole expense and with Seller's permission, which will not he unreasonably withheld, and agree to the RELEASE set forth in para- .101 graph 25 of this Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denial, ter- .103 minate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account of purchase price will be returned 101 promptly to Buyer and this Agreement will be VOID, OR C. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be returned promptly .m6 to Buyer and this Agreement will be VOID. OTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1-00) 407 Seller represents as of Seller's execution of this Agreement, that no public improvennent, condominium or homeowner association assessments 4139 have been made against the Property which remain unpaid and that no notice by any government or public authority has been served upon Seller 4111 or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances which remain 411 uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncorrected, unless 112 otherwise specified here: 417 Buyer Initials: VU ?L ? Z A/S-2K Page 5 of 8 Seller Initials: 414 415 113 4ax 416 417 418 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 419 alp (C) In the event any notices (including violations) and assessments are received after execution of this Agreement and before .settlement. Seller will Ir, 47' notify Buyer in writing, within 5 days of receiving the notice or asscssuicllt, Ihaf Scller will: I. Comply wish notices and assessments at Seller's expense, in which case 13uyer dccepts the Property and agrees to the RI I.I ASE set forth in paragraph 25 of this Agreement, OR 4%'3 2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in writing that Buyer 425 will: 4116 a. Comply with notices and assessments al Buyer's expense and agree to file Rl?LEASE set forth in paragraph 25 of (his Agreement, OR 'r A27 b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will he returned promptly to Buyer and this Agreement will be VOID. If Buyer fails to notify Seller within the time given, Buyer accepts file Properly and agrees to the RELEASE set forth in para- graph 25 of this Agreement. '`SI (D) Buyer is advised that access to a public road may requil-C issuance 01',t highway occupancy permit from file Ucparlnlent of'I'ransportatiun. (E) if required by law, within days of" the execution of Ibis Agreement, Seller will order for delivery to Sclling Broker, if any, othcrwise to Buyer, on or before settlement, I. A certification from the appropriate nunticipal department or deparnnenlN disclosing notice of any unCOITCC(ed ViOlalion of zoning, hour- ing, building, safety or fire ordinances, AND/OR 2. A certificate permitting occupancy of the Property. In the event repairs/impruvenlenls are required for the issuance of the Certificate. Seller will, within 5 days of Seller's receipt of the requirements, notify Buyer of the requiremen(s and whether SCllrr will make the required repairs/improvements at Seller's expense. If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 days, notify Seller in \vriting of Buyer's choice lO ternri- nate this Agreement OR make the repairshillprovemenis al Buyer's expense and with Seller's permission, which will not be wttcasonably with- held. If Seller denies Buyer permission to make file required repairs, Buyer may, within 5 days ol'Seller's dcniiil, tcrnlinale this Agreement. It Buyer terminates this Agreement, all deposit monies paid on account Of purchase price will be returned promptly In Buyer and (his Agreement will be VOID. 15. TITLE, SURVEYS & COSTS (1-00) (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, l.'XC'IdITING IIOWI?VIiR file following: existing If if; deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or rights Of public service companies, if any; otherwise the title to (hC above described real estate will be good and marketable and such as will be insured by a reputable Title Insurance Company a( die regular raics. (B) In the event Seller is unable to give a good and marketable rifle and such as will be insured by a rcpufahle Title Company al file regular rates, "'' as specified in paragraph 15(A), Buyer will have the Option Of taking such title as SCllrr Can give Wifhoul Changing the price Or OI' being repaid all monies paid by Buyer to Seller oil account ol,purchase price an(I Seller will rcinfhucse Buyer fur any cusps incorrect by 13uyC1for Ihuse ilenls specified in paragraph 15(C) and in paragraph 15(D) items (1), (2), (3); and in file latter event Iherc will he nO furdrer liahility Or obligation on either of the parties hcrelo and this Agreement will hcconlc VOID. (C) Any survey or surveys which may be required by the Tillc IIISIIrauCC Company or the abstracting allurney, fur the preparation of an adequate legal description of the Pro rtPe y (or the correction thereol), will be secured and paid for by Seiler. I lowevcr. any survey Or surveys dcsircd by Buyer or required by the mortgage lender will be secured and paid for by Buyer. (D) Buyer will pay for the following: ( I ) The premium for mechanics lien insurance and/or title search, or fee fur Cancellation OI same, if any; (2) The premiums for flood insurance and/or fire insurance with extended coverage, insurance hinder Charges or Cancellalion fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary setilentent Costs and accruals. 16. ZONING CLASSIFICATION (1-00) Failure of this Agreement to contain the Zoning classification (except in cases where the nolerr ( solely or primarily to permit single-family dwellings) will render this Agreement voidable at theoand phoncor flthe Bel file] Col* ' uyer, MO. frvoided,tlalny deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. Zoning Classification: f;; ; ? ELECTED. Within clays of the execution of this Agreement, Buyer will verify Ilia( the existing use of the Properly as Ir:(. is permitted. In file event (he use is nol permitted, Buyer will, within the time given for verification, notify Listing Broker, if any, otherwise Seller, in writing that the existing use of Lhe Properly is nol permitled and this Agreement will be VOID, in which case all deposit monies paid on account of purchase price will be returned promptly fo Buyer. Buyer's failure to respond within the time given will constitute a WAIVER of this contingency and all other terms Of this Agreement remain in 1 full fin•ce and effect. art 17. OAL NOTICE 472 NOT APPLICABLE 473 ? APPLICABLE 474 THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TOT[ IF COAL AND RIGHTS OF SUPPORTUNDERNEATI I TI Ifs SURFACE LAND t i' 't!` DESCRIBED OR REFERRED TO IIEREIN, AND TIIE_ OWNFR OR OWNERS OF SUCK COAL. MAY HAVE THE C'O[v11'I-Fl-F Lk,GAL RI(;ii r,iO REMUVI'. ALL SUCII COAL AND IN THAT CONNECTION, DAMAGE MAY RL•SUL.T TO TH SURFACE OF TIII: LAND AND ANY I IOUSE, BUILDING OR OTHER Slltlf(AURE ON OR IN SUC'l I LAND. (This %r 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 may not be Oblainin:; 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 the coal. This acknowleclgentcrtl is made for the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservalion Act of'Apr it 27, 1966.•• Buyer agrees 1111 to sign the deed from Seller which deed will contain the aforesaid provision. 482 18. POSSESSION (1-98) 493 (A) Possession is to be delivered by deed, keys and: 4134 1. Physical possession to a vacant building (if any) broonrclean, free of debris at day and time of settlement, AND/OR 4t3 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Properly is (cnanf-Occupied at the 18`i execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at . tp7 time of signing of this Agreement, if Property is tenant-occupied. a?i=I (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leaSCS for the Property without expressed 4$9 written consent of Buyer. 39p 19. RECORDING (3-85) This Agreement will not he recorded in the Office for the Recording of Dceds or in any Other oll'ice Or place Of public record 19 ( and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of This Agreement, "I2 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective hells, personal representatives, guardians and SUCCCSSOIS, r"•t and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, Ihaf Buyer will not transferor assign this Agreement without the written consent of Seller. T9 21. DEPOSIT & RECOVERY FUND (1-00) 426 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of. payment aI c 497 and the person designated as payee, will be paid to Broker or party identified in paragraph 3(F), who will retain them in an escrow account until 1sf,3 consummation or termination of this Agreement in conformity with all applicable paws and rcgu1,160us. Any encashed Check tendered as deposit may be held pending the acceptance of this offer. (B) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the State 17 Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event Of litigation for the p , return of deposit monies, a broker will distribute the monies as directed by a final order ol'court or the written Agreement of fhe parties. Buyer 3 and Seller agree that, in the event ny broker or affiliated licensee is joined in litigation for the I-CIUl'n Of dcpusil Monies, the allorncys' fees and costs of the b o - and e se ) will be paid by the party joining them. Buyer Initials: A/S-2K Page 6 of 8 Seller Initials: _?. 506 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained it final civil judgment against a Pennsylvania real estate 577 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the lodgment after 68? ing all legal and equitable remedies. For complele details about the Fund, call (717) 783-3658, (800) ? Us 5tr9 (717) 783-4854 (outside Pennsylvania). exhaust- rota 5ut 22. ?C?)NDOMINIUM/PI,ANNI'D COMMUNITY (IIOM1?; (`1) 82? 2113 (within Pennsylvania) and NOTAPPLICABLE oWNI?R ASSOCIATION) RI?SA1,1', NO"1'1('1? (1-00) •i2 ? APPLICABLE: CONDOMINIUM Buyer acknowledges that the Property is a unit Of a condominium that is prinuuilY r-un by a aUnit le owners association, §3407 the Uniform 1'" Condominium Act of Pennsylvania requires Seller to furnish Buyer with it Certificate of Resole and Copies of 1 to 51:: (other than plats and plans), the bylaws, and [he rules and regulations of- the association. ,tr ? APPLICABLE: PLANNED COMMUNITY (I IOMEOWNF.R ASSOCIA"1'ION) cgndonpittiutrp declaration Buyer acknowledges that the Property is part y as defined by rile UniliprmPlanned Conpnnltlil)' Act. (See Definition of 5!r Planned Community Notice for the definitionc'contained ill thetAtt)cttt §5407(x) of the Act requires Seller to t' Declaration (other than plats and plans), the bylaws, the rules and regulations of [he association, and it ('ertific furnish Buyer wills a copy of the 5;,11 forth in §5407(x) of the Act. ,, (A) Within ,tat containing the provisions set days of the execution of this Agrecnpenf, Seller will subnpil it request to the associaliorp for it Certificate of Resale and the doc- unlents necessary to enable Seller to comply with the Acl. The Act provides that the association is required to provide these do 10 days of Seller's request. (B) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in it tint . manner, no1- is within liable to Buyer for any erroneous information provided by the association and included in file Certificate. `''(' (C) Buyer may declare this Agreement VOID at any lime before Buyer's receipt of the association eocunpenls and f cly manner, nor is Seller 1+ settlement, whichever occurs first. Buyer's notice declaring [his Agreement void must be in writing: Ihereaf[er all 5%El of 5 days Ihercalier, OR until n returned to Buyer. deposit monies will be 10 (D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises thin right, Seller will reinpburs `'11 Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer for: ( I ) The pre insurance and/or title search, or fee for cancellation of sanpe, if any; (? ?) 'T'he ]premi c 5s', ed coverage, insurance binder charges or cancellation fee, if,m I ttpn u tirorance with e with extth ext lieendn •. ums for large insurance and/or fire insurance '':33 (4) Buyer's customary settlement costs and accruals. Y: (3) Appraisal fees and charges paid in advance to mortgage lender, if any; ; ?a 23. MAINTENANCE & RISK OF LOSS (1-00) >>?•`1 (A) Seller will maintain the Property, grounds, fixtures, and an 536 wear and tear excepted. Y Personal property specifically scheduled herein in its present condition, nomal 537 (B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the Hen 538 notify Buyer in writing of Seller's choice to: p, Seller will promptly 5IN I, Repair or replace the failed system or appliance before settlement or credit Buyer at selllerncnl lips the fair nparkel value of the tailed s s- 5dU tem or appliance (this option must be acceptable to the mortgage lender, if ally), In cash case, Buyer accepts [he Properly and agrees 517 the RELEASE set forth in paragraph 25 of this Agreement, OR Y 12 2• Make no repairs or replacements, and not credit Buyer al settlement for the fair market value of the failed system cpr appliance, iWhich case Buyer will notify Seller in writing within 5 days or before settlement, whichever is sooner, that Buyer will: :"t" a• Accept the Property ' F b. Terminate This Agreement, in which case all deposit fnwn cslpai`d on)accounlfghl arch arse Ipri ip' c( OR I i and this Agreement will be VOID. will be rclurncd prgmpllY to Buyer 5' (C) Seller will bear risk of loss from fire or other casualties until time of settlement. In the even[ of damurge by fire or oth • • „t t; 54 tt erty included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the Properly in its then condition ct casualties to any prop_ ,,a? of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer rtp,ty insure Buyer's equitable interest S5 I the time of execution of this Agreement. together with the proceeds 552 24. WAIVER OF CONTINGENCIES (1-00) up this Property as °( 55:3 In the event this Agreement is contingent on Buyer's right to inspect and/or repair the Property Buyer's failure to exercise an 51 within the time limits specified in the contingency provision(s) will constitute a WAIVER of lhal contingency amt Buyer accepts the Property ,5 and agrees to the RELEASE set forth in paragraph 25 of this Agreement. y of Buyer's options ,(i 25. RELEASE (1-00) Buyer hereby releases, quit claims and l4ever discharges SELLER, ALL BROKERS their 5"' EES, and any OFFICER or PAR'T'NER of any one of them and any other PERSON, FIRM, or CORPO RATION who MPLOY- through them, from any and all claims, losses or demands, including, but not limited to, personal injuries ,' and property damage F, liable and by all of or l•lI the consequences thereof, whether now known or not, which may arise from the presence of termites or olher wood-boring lead-based paint hazards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in the on-site 6t water service system, or any defects or conditions on the Property. This release will survive setllemenL insects, radon, c% 26. REPRESENTATIONS (1-00) (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by ;151 their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in [his Seller, Brokers, 565 (B) It is understood that Buyer has inspected the Properly before signing this Agreement (includin1, • fixtures and my personal onal property ;ti(a specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present con • Aess oltcnl. a t .<, 5fi ? stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers of, partners have not mule an indepen- dent examination or determination of the structural soundness it rile Properly, the age o ceps condition of drlum unless otherwise conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor have fhcy made it mechanical ;;711 inspection of any of the systems contained therein, 1hE components, environmental 571 (C) It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other ti7J covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning 57;3 Agreement will not be altered, amended, changed, or modified except in writing • turns, obligations, executed by the parties. this sale. Furthermore, this 574 (D) The headings, captions,?and line numbers in this Agreement are meant only to make if easier to find the paragraphs. 575 27. TIME OF THE ESSENCE-DEFAULT (1-00) 576 The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement 577 of the essence of this Agreement. For the purposes of this Agreement, number of days will be counted front the (hale of exectrtion, by "I 578 day this Agreement was executed and including the last day of the time period. Should Buyer: are hereby agreed to be ;;; excluding the !if; 579 (A) Fail to make any additional payments as specified in paragraph 3; OR l. y.? g 5,10 (B) Famish false or incomplete infornation to Seller, Listing Broker, Selling Broker, or the mortgage lender, ifany, concerning Buyer's legal or 1;A) 571 financial status, or fail to cooperate in the processing of the mortgage loan application, which acts would result in the failure to obtain lire , :il 572 approval of a mortgage loan commitment; OR ' • 573 (C) Violate or fail to fulfill and perform any other terms or conditions of this Agreement-, 584 then in such case, Seller has the option of retaining all sums paid by Buyer, including the deposit monies, 1) gap account 585 below, purchase price, of, 586 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may elect, toles, t 387 Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages. s otherwise checked d iC7 If Seller elects to retain all sums paid by Buyer, including deposit ninnies, as liquidated damages, Buyer and Seller will l' X89 ther liability or obligation and this Agreement will be VOID. 9rJ I be released front flu- ; 91 92 still 93 Buyer Initials: 59i i A/S-2K Page 7 of 8 592 Seller Initials'. 584 28. BROKERS (1-00) The Business Relationships between the Broker(s) and Seller and Buyer are as follows, UNLESS it different relationship is 594 595 checked below. 596 (A) The Listing Broker is Agent for Seller. 6 597 ' (B) Tate Selling Broker is Agent for Buyer. 598 `;1rr; (C) When the Listing Broker and Selling Broker are the same, the Broker is it Dual Agent. Dual Agency ' r applics to all , 599 a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer. If Ilse same Licensee is designated lot- Sellci andyl;uycilN„EL censee is s r, 601 a Dual Agent. 601 A Business Relationship exists that is different from above, its follows: r;;, t 502 ? The Selling Broker is the Agent/Subagent for Seller. 603 ? The Selling Broker is a Transaction Licensee. s1t2 6011 ? The Listing Broker is a Transaction Licensee. rna 11005 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agrecnrent 606 29. MEDIATION (7-96) art GOI ? NOT AVAILABLE FCiti rn l 608 ? WAIVED. Buyer and Seller understand [hat they may choose to mediate al it later da(c, should a dispute arise, bill Thal there will be no ohli- curt 6Oy gation on the ???....../// Part of any party to do so. ri1 pp ELECTED ra,n ?; us A) Buyer and Seller will try to resolve any dispute or claim that may arise from [his Agreement Through mediation, in accordance with the Rules 612 and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. An t reenlenl reached throe h d mediation conference and t;' r,13 signed by the parties will lie binding. Any `g b 61'1 trr i (B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the I lome Sellers/1-lome Buyers 6 t.% Dispute Resolution System. (See Mediation Notice.) 616 (C) This agreement to mediate disputes arising from this Agreement will survive settlement. 617 618 Buyer and Seller acknowledge that they have read and understand the notices and explanatory inli?rmaliott set forth in this Agreement. 620 Buyer acknowledges receiving a copy of this Agreement at the time of signing, r' 'I 6l_1 s20 622 NOTICE TO PARTIES: WHEN SIGNED THIS AGREEMENT F,21 IS A BINDING CONTRACT. Return by facsimile transmission (FAX) of this f;;'.' Agreement, and all addenda, bearing the signatures of all Iarlies constitutes acceptance o ' II ' •reein . 1. Parties to this transaction are advised W3 624 to consult an attorney before signing if they desire legal advice. ti?5 F) 7r, WITNE S ?A BUYER 6 ? 7 Buyer ame (print) DATE 628 Mailing Address SS # 629 Phone #s 630 FAX # 1131 WITNF.?S /i ?` BUYER ?? - - }r- 632 Buyer aMe (print) UA'1'E 633 Mailing Address SS # 6:14 Phone #s FAX # 635 E-Mai I „ r 636 WITNESS 637 Buyer Name (print) BUYER DATE 636 Mailing Address SS # 61 r 639 Phone #s 640 PAX # 5:[a E-Mail 641 Seller hereby approves the above contract this (date) ?`_ r?AI ii: 6 642 and in consideration of the services rendered in procuring the Buyer, Sel er agrees to pay the rimed Listing Broker a fee of' 1143 of/from the herein specified sale price. In the event Buyer defaults hereunder, any monies paid on account will he divided 644 Seller, Listing Broker, but in no event will the sum paid to the Listit 6d'; r r be in :ess of the above specified Broker's 1'ee. Gary WITNESS SELLER 647 Seller rent) DATE, ;,ys 611 Mailing Address - SS # 649 Phone #s FAX # 650 E-Mail r,,1e 651 WITNE ELLER ti 5511 G52 Seller at (print) DATE ,5.[ 653 Mailing Address SS # 6 , 654 Phone #s FAX # 53 655 E-Mail 656 WITNESS SELLER 1155 657 Seller Name (print) DATE 651, 658 Mailing Address SS # G58 659 Phone #s 660 FAX # 668 E-Mail 6511 661 Brokers'/Licensees' Certifications (check all that are applicable): 661 661 662 El Regarding Lead-Based Paint Hazards Disclosure: Required if Property was built before 1978: The undersigned Licensees involved in 61112 663 this transaction, on behalf of themselves and their brokers, certify that their statements are true to the best of their knowledge and belief. 663 664 Acknowledgement: The Licensees involved in this transaction have informed Seller of Seller's obligations carder The Residential Lead Paint 664 665 Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance. 666 6$ G r, 131 F) 667 ? Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certify that 667 668 the terms of this contract for purchase are true to the best of their knowledge and belief, and that any other agreement entered into by any of 668 669 these parties in connection with this transaction is attached to this Agreement. 670 t19 671 ? Regarding Mediation: The undersi ned 670 672 g ? Listing Broker ? Selling Broker agree to submit to mediation in accordance with para- 671 graph 29 of this Agreement. 673 672 674 LISTING BROKER (Company Name)- -P? (? 673 675 ACCEPTED B_Y - - vv (DA 674 676 DATE 575 677 SELLING BROKE (Company Name) 676 678 ACCEPTED BY 677 679 DATE 676 680 A/S-2K Page 8 of 8 679 680 SELLER'S COPY T t , denial 14 Y. r t A M s= 3 ?,To RINood ent fo ? - ,{ } !: Estate ' , ,?? of Rea1F` Reference To The A tASale Between:` ', / C L Lig vn?}lL?cC / C c?cJ? ry ?2 ?-? Seller} and CO -I (Buyer) dated -7 o for the S 4'w purchase F 1 i ' 3 t r F o;the property located at e Undersigned Buyer And, Seller Hereby Agree To The Followin g _7 ,E3ts?1/c-rL ?l Lo C?4T? ?T .. an integral part of the terms and conditionsT` m ' in force. l :-:Prudential Thompson Wood Aea ' Estate v Adr j o i Agreement fa ?? r f w t.-Of Real,Esta In Reference To The Agreement of Sale Between: I L G 11&( , 'i2?21 ?fl{ ti -r A L t7?It ?.?.? ? c /? (Seller) and (Buyer) dated -7/`?'? / for the purchase of the property located at "7. ?RLr?'I Lti?ur??/ The Undersigned Buyer And Seller Hereby Agree To The Following: Mei . 14107 ?lv?/ ?U?dvil5 Sia N ?OCtIItif??TS ??twl-l?2t? ,8?/ i??c)tiISN/?02 L'D U N T ?/ Sv LUNG A s .SA J ? ?C ? X7t? ?'TS. A,"Y AJOT ?.tJGf? 2 ?>?t Sc-Z-L?2 A-??/ E= R PLUS 5?<<.?e :.i4i5???5 ?a 6? v? 1? u yc72? 09Yv D fi--c- o7Tjz? 57L16/6-S' k&?4u I R 7'a Upon the execution by both parties, this addend aforementioned Agreement of :Sale. Except foi all other elements contained in the Agreement o WITNESS z r', L J? 0/ ft SHERIFF'S RETURN - REGULAR CASE NO: 2003-02099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODLING RUSSELL C T/A RUSSELL VS MOORE HERBERT ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARRICK WILLIAM JR DEFENDANT the at 2100:00 HOURS, on the 6th day of May 2003 at 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM BARRICK JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit 7.S9 Surcharge 10.00 ,, ,, So Answers: R. Thomas Kl i. ne 05/07/20 STONE LA Sworn and Subscribed to before By. me this IV ?- day of A.D. rothonotary 7-? aw. SHERIFF'S RETURN - REGULAR CASE NO: 2003-02099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODLING RUSSELL C T/A RUSSELL VS MOORE HERBERT ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT Sc NOTICE was served upon BARRICK ARLENE the DEFENDANT at 2100:00 HOURS, on the 6th day of May 2003 at 116 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 by handing to ARLENE BARRICK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /y `- day of o7pU3 A. D. P o honotary So Answers: ?? rr { a tr R. Thomas Kline 05/07/2003 STONE LAFAVER & S EKLETSKI By. Deputy Sher' SHERIFF'S RETURN - REGULAR CASE NO: 2003-02099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOODLING RUSSELL C T/A RUSSELL VS MOORE HERBERT ET AL CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PRUDENTIAL THOMPSON WOOD the DEFENDANT , at 1241:00 HOURS, on the 6th day of May 2003 at 3815 MARKET STREET CAMP HILL, PA 17011 by handing to FRED BRIGGS, MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 24.97 Sworn and Subscribed to before me this ?y day of 7? 02 h/3 3 A.D. Prothonotary So Answers: R. Thomas Kline 05/07/2003 STONE LAFazk? By: I RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2099 CIVIL TERM HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Defendant Prudential Thompson Wood only in the above-captioned matter. CALDWELL & KEARNS ,- By: Dated: - ©f Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Prudential Thompson Wood CERTIFICATE OF SERVICE AND NOW, this ?day of , 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: David H. Stone, Esquire Elizabeth B. Stone, Esquire STONE LAFAVER & SHEKLETSKI 414 Bridge Street PO Box Box E New Cumberland, PA 17070 CALDWELL & KEARNS By _ ?f 03-368/56644 C7 r ;?, <' -^ -t, i; , ,: -? ?.3 , -, ' ?- _? , _ ..? Cn . c: r- ?. - ?,. (... - . II pd\mis\GOODLINGaccept RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION and WILLIAM GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and THOMPSON WOOD REAL ESTATE, INC., t/a THE PRUDENTIAL THOMPSON WOOD REAL ESTATE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I, ANNA MARIE SOSSONG, Esquire, attorney for the Defendants HERBERT MOORE and RICHARD MOORE accept service of a certified copy of the Complaint entered to the above term and number as of Witness Date: r A ? `? aAV 1 M r: _-4 ; -: Z ` CZ) 'r' 5 : ca jn7 C z SKARLATOS & ZONARICH LLP Anna Marie Sossong, Esq. Todd F. Truntz, Esq. 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Herbert Moore and Richard Moore RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs VS. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL TERM NOTICE TO PLEAD TO: Russell C. Goodling, t/a Russell Goodling Construction and William H. Goodling, t/a William Goodling Construction You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. SKARLAT®S & ZONAAPJCH LLP Dated: June 3, 2003 By: Anna Marie Sos ng, Esquire Identification No. 32808 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 SKARLATOS & ZONARICH LLP Anna Marie Sossong, Esq. Todd F. Truntz, Esq. 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Herbert Moore and Richard Moore RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs vs. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL TERM ANSWER AND NEW MATTER OF DEFENDANTS HERBERT MOORE AND RICHARD MOORE 1. Denied. Defendants Herbert Moore and Richard Moore are without sufficient information to verify the truth or accuracy of the averments contained in Paragraph 1. Therefore, Paragraph 1 is denied. 2. Denied. Defendants Herbert Moore and Richard Moore are without sufficient information to verify the truth or accuracy of the averments contained in Paragraph 2. Therefore, Paragraph 2 is denied. 3. Admitted in part and Denied in part. Paragraph 3 is admitted to the extent that the address of Defendant Herbert Moore is 3905 Donna Jane Court, Harrisburg, PA, 17109. 2 Paragraph 3 is denied to the extent that Defendant Richard Moore resides at 3905 Donna Jane Court, Harrisburg, PA, 17109. 4. Denied. Defendants Herbert Moore and Richard Moore are without sufficient information to verify the truth or accuracy of the averments contained in Paragraph 4. Therefore, Paragraph 4 is denied. 5. Denied. Defendants Herbert Moore and Richard Moore are without sufficient information to verify the truth or accuracy of the averments contained in Paragraph 5. Therefore, Paragraph 5 is denied. COUNTI RUSSELL C. GOODLING, T/A RUSSELL GOODLING CONSTRUCTION. AND WILLIAM H. GOODLING, T/A WILLIAM GOODLING CONSTRUCTION V. HERBERT MOORE AND RICHARD MOORE 6. Paragraphs 1 through 5 above are incorporated herein as if fully set forth below. 7. No responsive pleading is required as the Agreement of Sale speaks for itself. 8. No responsive pleading is required as the Agreement of Sale speaks for itself. 9. No responsive pleading is required as the Agreement of Sale speaks for itself. 10. Denied. It is denied that Plaintiffs sought governmental approval for the construction of a minimum of fifty (50) residential townhouses, pursuant to the Agreement of Sale. By way of further response, contrary to the terms of the Agreement of Sale, the Plaintiffs instead sought and were subsequently denied approval for the subdivision of individual lots and the construction of detached single-family homes. 11. Paragraph 11 is admitted to the extent that Plaintiffs appeared before the Hampden Township Planning Commission, after the date on which settlement was to occur, to 3 request approval for the subdivision of individual lots and the construction of detached single- family homes and not for the construction of a minimum of fifty (50) residential townhouses as set forth in the Agreement of Sale. 12. Paragraph 12 is admitted to the extent that Plaintiffs' request for approval for the subdivision of individual lots and the construction of detached single-family homes was denied by Hampden Township. 13. Admitted as stated. 14. Admitted as stated. 15. Paragraph 15 is admitted to the extent that Defendants Herbert Moore and Richard Moore have refused to return Plaintiffs' $5,000.00 deposit because Plaintiffs have breached the Agreement of Sale, thus entitling Defendants to said deposit as liquidated damages pursuant to Paragraph 27 of the Agreement of Sale. 16. Admitted in part and denied in part. Paragraph 16 is admitted to the extent that Defendants did not proceed to mediation. Paragraph 16 is denied to the extent that Defendants instead attempted to reach a settlement with Plaintiffs in an effort to avoid the expense of mediation WHEREFORE, Defendants Herbert Moore and Richard Moore demand judgment in their favor and against Plaintiffs Russell C. Goodling and William H. Goodling and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II RUSSELL C. GOODLING, T/A RUSSELL GOODLING CONSTRUCTION. AND WILLIAM H. GOODLING, T/A WILLIAM GOODLING CONSTRUCTION V. WILLIAM BARRICK, JR. AND ARLENE BARRICK 4 17. Paragraphs 1 through 5 above are incorporated herein as if fully set forth below. 18. The averments contained within Paragraph 18 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 19. The averments contained within Paragraph 19 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 20. The averments contained within Paragraph 20 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 21. The averments contained within Paragraph 21 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 22. The averments contained within Paragraph 22 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 23. The averments contained within Paragraph 23 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 24. The averments contained within Paragraph 24 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 5 25. The averments contained within Paragraph 25 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 26. The averments contained within Paragraph 26 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 27. The averments contained within Paragraph 27 are directed to Defendants William Barrick, Jr. and Arlene Barrick, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. WHEREFORE, Defendants Herbert Moore and Richard Moore demand judgment in their favor and against Plaintiffs Russell C. Goodling and William H. Goodling and that Plaintiffs' Complaint be dismissed with prejudice. COUNT III RUSSELL C GOODLING T/A RUSSELL GOODLING CONSTRUCTION. AND WILLIAM H. GOODLING, T/A WILLIAM GOODLING CONSTRUCTION V. THOMPSON WOOD REAL ESTATE, INC., T/A PRUDENTIAL THOMPSON WOOD REAL ESTATE 28. Paragraphs I through 5 above are incorporated herein as if fully set forth below. 29. The averments contained within Paragraph 29 are directed to Defendant Thompson Wood Real Estate, Inc., t/a Prudential Thompson Wood Real Estate, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 30. The averments contained within Paragraph 30 are directed to Defendant Thompson Wood Real Estate, Inc., t/a Prudential Thompson Wood Real Estate, a party other 6 than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. 31. The averments contained within Paragraph 31 are directed to Defendant Thompson Wood Real Estate, Inc., t/a Prudential Thompson Wood Real Estate, a party other than Defendants Herbert Moore and Richard Moore; therefore, no responsive pleading is required. WHEREFORE, Defendants Herbert Moore and Richared Mooret demand judgment in their favor and against Plaintiffs Russell C. Goodling and William H. Goodling and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 32. Paragraphs 1 through 31 above are incorporated herein as if fully set forth below. 33. On July 9, 2001, Plaintiffs Herbert Moore and Richard Moore (hereinafter "Moores") entered an Agreement of Sale with Defendants Russell C. Goodling t/a Russell Goodling Construction and William H. Goodling, t/a William Goodling Construction (hereinafter "Goodlings") whereby the Goodlings agreed to purchase from the Moores a 7.4 acre parcel located on Salem Church Road, Hampden Township, Cumberland County, Pennsylvania, for a purchase price of $265,000.00. A true and correct copy of said Agreement of Sale is attached hereto and incorporated herein as Exhibit "1". 34. Addendum "A" of the Agreement of Sale contains the following term of the Agreement: "This Agreement is contingent upon the buyer obtaining all necessary and required governmental approvals and permits to build a minimum of 50 residential townhouses." 7 35. Notwithstanding Addendum "A", the Goodlings did not submit an application to build a minimum of 50 residential townhouses, but instead submitted to the Hampden Township Planning Commission an application to build a minimum of 50 individual detached houses, which was denied by said Planning Commission. 36. Despite Paragraph 27 of the Agreement of Sale, declaring time of the essence, the Goodlings did not timely submit an application for the construction of 50 residential townhouses. 37. Addendum "B" of the Agreement of Sale provides "Buyer agrees to settle within 30 days after receiving final subdivision approvals or by January 30, 2002, whichever occurs first." 38. Notwithstanding Addendum "B", the Goodlings never settled on the property. 39. Due to the Goodling's breach of the Agreement of Sale, the Moores have suffered substantial damages since the Goodlings ultimately did not purchase the property, which remained off of the real estate market for nearly one year. 40. Pursuant to Paragraph 27 of the Agreement of Sale, the Moores are entitled to retain the Goodlings' deposit monies as liquidated damages. 41. In addition, Addendum "C" of the Agreement of Sale states "If Buyer fails to settle on property as agreed upon in the Agreement, all engineering studies conducted by the buyer relating to the development and purchase of the property shall become the property of the seller at no cost to the seller. This shall include all hard copies and rights to all documents and studies done on behalf of the buyer." WHEREFORE, Plaintiffs Herbert Moore and Richared Moore demand judgment in their favor and against Defendants Russell C. Goodling and William H. Goodling and that they be 8 awarded Defendants' deposit monies as liquidated damages, as well as all engineering studies as set forth within the Agreement of Sale. Respectfully submitted, S1KARLATO5 & ZOINA]RIICH 1,LP Dated: June 3, 2003 BY.. ` - Anna Marie Sosso g, Esquire Identification No. 32808 Todd F. Truntz, Esquire Identification No. 83302 204 State Street Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys jor Herbert Moore and Richard Moore VERIFICATION I, Herbert C. Moore, hereby certify that the facts set forth in the foregoing pleading are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the pleading is that of counsel and not my own. I have read the pleading, and to the extent it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the pleading is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid pleading are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: 6 abb3 -/ 4RB TC. MOORS RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs vs. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL TERM CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, an attorney with Skarlatos & Zonarich LLP, certify that I this day served a copy of this Answer and New Matter upon the person(s) indicated below via regular, U.S. Mail, postage prepaid at Harrisburg, Pennsylvania, and addressed as follows: David H. Stone, Esquire Elizabeth B. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 Dated: June 3, 2003 Todd F. Truntz, hsquire SKARLATOS s ZONARICH LLP 10 r -T I _ c Pei\com\GOODLINGMOO,e-barxick RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs v. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and THOMPSON WOOD REAL ESTATE, INC., t/a THE PRUDENTIAL THOMPSON WOOD REAL ESTATE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -2099 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS HERBERT AND RICHARD MOORE'S NEW MATTER 32. Paragraphs 1 through 31 in Plaintiffs' complaint are incorporated herein as if fully set forth below. 33. Admitted. 34. Admitted. 35. Denied. It is specifically denied that the Plaintiffs submitted an application for 50 individual detached houses. It is averred that they did timely submit the plan for the 50 residential townhouses and that the Planning Commission of Hampden Township refused to consider their application for approval. Further, the Plaintiffs asked the Defendants for a time extension on the sales -1- agreement in order to try to get the application approved and the Defendants refused to grant the extension. 36. Denied. By way of further answer, it is specifically denied that the Plaintiffs failed to timely file their application. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, plaintiffs are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof thereof is demanded at time of trial. 37. Admitted and Denied. It is admitted that Addendum "B" recites the language as quoted by the Defendants; however, it is denied that the Plaintiffs were bound by that settlement date, in that the entire sales agreement was contingent upon township approval of the timely application for the 50 residential townhouses, which was ultimately denied by the Planning Commission. See Addendum "A" which clearly states in paragraph two (2) that "[t]his agreement is contingent upon the buyer obtaining all necessary and required governmental approvals and permits to build a minimum of 50 residential townhouses. To the extent that the allegations of the -2- corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, plaintiffs are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof thereof is demanded at time of trial. 38. Admitted and Denied. It is admitted that the Plaintiffs never did settle on the property in dispute. It is denied that they failed to follow the terms of the agreement. The Plaintiffs timely filed the appropriate paperwork together with the application to the Hamden Township Planning Commission but the application was refused. 39. Denied. By way of further answer, it is denied that the Moores have suffered substantial damages. Proof demanded at time of trial. 40. Denied. According to the terms of Paragraph 27 of the Agreement which deals exclusively with default, and only in three (3) specific instances, the most relevant one is paragraph (C) which states in pertinent part that if the Buyer should: "C" Violate or fail to fulfill and perform any other terms or conditions of this Agreement; then in such case, Seller has the -3- option of retaining all sums paid by Buyer, including the deposit monies. . . unless otherwise checked below. Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquid damages... By way of further answer, the Plaintiffs have not violated or failed to fulfill and perform any other terms or conditions of this Agreement and are therefore entitled to their deposit monies. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, plaintiffs are without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation and proof thereof 41. Denied. It is specifically denied that Plaintiffs signed Addendum "C"; therefore, the Plaintiffs are not bound by the terms of that specific agreement which states that the Plaintiffs must turn over all engineering studies and drawings. See Addendum "C" which is part of the Sales Agreement of Plaintiffs' Complaint. Plaintiffs did not sign Addendum "C". -4- WHEREFORE, the Plaintiffs demand judgment against the Defendants Herbert Moore and Richard Moore for $5,000.00 and for such other relief as is just and reasonable. Respectively submitted by, -5- STONE LaFAVER & SHEKLETSKI p.d\mis\lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiffs Russell C. Goodling, t/a Russell Goodling Construction, and William H. Goodling t/a William Goodling Construction, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant Herbert Moore and Richard Moore's counsel of record by first class mail, postage prepaid, addressed as follows: Anna Marie Sossong, Esquire Todd F. Truntz, Esquire Skarlatos & Zonarich LLP 204 State Street Harrisburg, PA 17101 DATE: V a e+ 6 2 f n ??: `?' r c_ z: ?._ r-i -a roc; ?,,?::. r, ? -? ,: ?' ?`? - % r ? , , ?. 3; s c? L?: r=,;? C ??? ?? 3 J _ ) 4 v pd\mis\1-verifi.aff ©3 - aO99 ivy VERIFICATION WILLIAM H. GOODLING, states that he is one the Plaintiffs named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made: subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifica- tion to authorities. Date: ?un2 2 92 2 003 C 0 C ro U' , rr? i -jm L] ^ ? CA RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION, and WILLIAM H GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL TERM HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK, and PRUDENTIAL THOMPSON WOOD, Defendants : CIVIL ACTION - LAW STIPULATION I. Defendant Thompson Wood Real Estate, Inc., t/a Prudential Thompson Wood Real Estate ("Prudential"), is currently holding, among other monies, the sum of Seven Thousand ($7,000.00) in escrow. 2. This sum is composed of monies that were paid by the above-identified Plaintiffs as deposits pursuant to two separate Agreements for Sale into which the Plaintiffs entered with the Moore Defendants and the Barrick Defendants, respectively. 3. Count III of Plaintiffs' Complaint purports to set forth a cause of action against Defendant Prudential for return of the deposit monies. 4. The Moore and Barrick Defendants have instructed Defendant Prudential that they believe they are entitled to payment of the deposits, pursuant to the terms of the Agreements for Sale, and they dispute the Plaintiffs' entitlement to the same. 5. Defendant Prudential is a Pennsylvania Real Estate Licensee as are its broker of record and its agents. 6. Pennsylvania Real Estate Licensees are required to comply with the provisions of the Pennsylvania Real Estate Licensing Act, 63 P.S. §§ 455.101 -- 455.902, and the Real Estate Regulations, 49 Pa. Code §§ 35.1 - 35.392, promulgated by the Pennsylvania Real Estate Commission in accordance with the authority granted to it by the Licensing Act. Section 35.327 of the Real Estate Commission Regulations instructs, in pertinent part: If a dispute arises between parties to a real estate transaction over entitlement to money that is being held in escrow by a broker, the broker shall retain the money in escrow until the dispute is resolved .... 49 Pa. Code § 35.327 (emphasis added). In accordance with the Regulation set forth above, Defendant Prudential shall continue to hold the above-referenced deposit monies in one or more interest-bearing escrow account(s) until such time as either of the following occurs: (1) a final court judgment is entered of record, directing how, and/or to whom, the monies should be paid, or (2) the parties to this lawsuit other than the Defendant Prudential agree, in writing, how, and/or to whom, the monies, or a portion of the monies, should be paid. 9. Any interest that accrues from the principal escrow sums shall be paid according to the directives of the court or the parties; provided, however, that if no such provision is made, the accrued interest shall be paid in proportion to the directive of the court or the parties with respect to the principal sums. 10. Plaintiffs agree that they shall not seek any remedy, relief or damages from the Defendant Prudential for anything that occurred prior to the date of this Stipulation, other than compliance with the terms of this Stipulation, and that as between Plaintiffs and Defendant Prudential, this shall be the only remedy available to the Plaintiffs under Count III of Plaintiffs' Complaint. 11. Plaintiffs further agree to dismiss Defendant Prudential from this lawsuit at a later point if the other parties will concur in Defendant Prudential's request for the same. By: t ith, Esquire o. 27115 KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant Prudential T son cod Date: --?? _ a UT S ne, Esquire ttomey I. . No. 39785 Elizabeth B. Stone, Esquire Attorney I.D. No. 60251 STONE, LAFAVER & SHEKLETSKI 414 Bridge Street P.O. Box E New Cumberland, PA 17070 (717) 774-7435 ?" ' oTeys for the Plaintiffs Date: f? m ' fr..0 ...? -P: Wit', ?_rn -c tv' < RUSSELL C. GOODLING t/a RUSSELL GOODLING CONSTRUCTION and WILLIAM H. GOODLING t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK and PRUDENTIAL THOMPSON WOOD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL W CIVIL ACTION - LAW RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David H. Stone & Elizabeth B. Stone , counsel for the plaintiff/dddrt in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 5,000.00 plus costs & attorney's fees The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Anna Marie Sossong, Esquire, and James L. Goldsmith, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submjN , " ?. QQORDER OF COURT AND NOW, ;,I9AW?*n cons idera' of the foregoing peti 'on, Esq., 4-1 Esq., and Esq., are appointed arbitrators in the above Yn action (or actions) as p ed for. By the Co M1 P.J. c 03 ?'[ 141 `? J t tee; ,Zv -, . C, to -n r 71, J is A F TILES\DATAPILEWSUIla WM Ad tjw_#00d4hlb Geated. 9/23/03 8 43" Revised. 1/6/04 2O4PM RUSSELL C. GOODLING t/a RUSSELL GOODLING CONSTRUCTION AND WILLIAM H. GOODLING t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2099 CIVIL ACTION - LAW HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK and PRUDENTIAL THOMPSON WOOD, Defendants ORDER AND NOW, this day of? 2005, it appearing that this matter was settled just prior to the Arbitration, the appoi ent of the Arbitrators is vacated. The Chairman of the Arbitrators, Thomas J. Williams, Esquire is awarded ,a S'd'0® as compensation for his services. By the Court, DATE: .OY "r04 p?.og Geor e E M--- ,es nt &7) Ju e llNfl ' :' :fivoo 1:1 < WV s- tavr qoa XViCINORLOSd ]'Hi --JO -jUlo-a3lllj RUSSELL C. GOODLING, t/a RUSSELL GOODLING CONSTRUCTION,and WILLIAM H. GOODLING, t/a WILLIAM GOODLING CONSTRUCTION, Plaintiffs vs HERBERT MOORE, RICHARD MOORE, WILLIAM BARRICK, JR., ARLENE BARRICK and PRUDENTIAL THOMPSON WOOD, Defendants Case No. 03-2099 Civil Term Statement of Intention to Proceed To the Court: Plaintiffs herein intends to proceed with Print Name Elizabeth B. Stone, Esq. Sign Name Date: November 1, 2007 Attorney for Explanatory matter. The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 2301 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C`? ?a ?q ! mss: ? ?: r J ?: ? w.R ? =f ? y i