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THOMAS S. MITROS,
Plaintiff
DE~ ~Oll1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
ORDF,R
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THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
MOTION OF PLAINTIFF FOR
SANCTIONS FOR FAILURE TO COMPLY
WITH llTSrOVRRV ORT ,TGA TTONS
Plaintiff respectfully moves this Honorable Court for an Order imposing sanctions upon
Plaintiff, pursuant to PaRC.P. 4019, for failure of Defendants to comply with prior Order of Court
directing him to comply with discovery obligations. In support of this Motion, Plaintiff states as
follows:
1. Plaintiff filed a Civil Complaint in this matter, alleging breach of contract in that
Defendants have failed to pay Plaintiff under the terms of a real estate Listing Contract.
2. Defendants filed an Answer denying that any monies are owed to Plaintiff.
3. On February 24,2003, Plaintiff served upon Defendants Interrogatories and
Requests for Production. The Interrogatories are limited in nwnber, inquiring into recognized areas
of discovery, and the Requests for Production likewise call for the production of docwnents or
other items which may lead to the discovery of admissible evidence.
4. Defendants have provided no responses to the Request for Production of
Docwnents. A Copy of the Requests for Production, and transmittal letter of Plaintiff are attached
as Exhibits A and B.
Document #148013
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5. On or about June 24, 2003, Plaintiff filed a Motion to Compel Discovery requesting
this Honorable Court to issue an Order directing Defendants to provide full and complete answers
to Plaintiff's Interrogatories and Requests for Production or in the alternative to issue a Rule to
Show Cause why such relief should not be granted.
6. On or about July 9, 2003, this Court issued the Rule to Show Cause, attached as
Exhibit C.
7. Defendants did not answer the Rule to Show Case.
8. On or about August 1,2003, Plaintiff filed a Motion to Make Rule to Show Cause
Absolute.
9. On or about August 7, 2003, this Court entered an Order which, i.a., stated:
1. The Rule to Show Cause is made Absolute;
2. Defendants are to provide full and complete answers to Plaintiff's Firs Set of
Interrogatories and Plaintiff's First Set of Requests for Production of
Documents within twenty (20) days of service of this Order;
A true and correct copy of the Order is attached as Exhibit D.
10. Plaintiff served a copy of the Court's Order of August 7, 2003 upon the Defendants
on November 4, 2003. A Certificate of Service is filed concurrently with this Motion, a copy of
which is attached as exhibit E.
II. Defendants did not at any time request the Court to modify this Order.
12. Defendants did eventually provide responses to interrogatories by fax on August 27,
2003, but did not provide hard copy responses until October 31,2003.
Docurnent#148013
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13. Plaintiff has attempted to contacted Defendants on several occasions regarding the
outstanding Requests for Production of Documents without response from Defendants.
14. As of the date of this Motion, Defendants have failed to provide responses to
Plaintiff's Requests for Productions of Documents.
15. ,Defendants' attorney has indicated to Plaintiff's attorney that no documents
requested by Plaintiff exist.
16. Some of the documents requested by Plaintiff are known to exist, particularly
documents relating to the sale of the Property to Anthony J. Buzzelli and Martha M. Buzzelli as
requested in Plaintiff's request no. 4.
17. Due to the nature of real estate transactions, it is believed and therefore averred that
Defendants' attorney's statements regarding the existence of documents is disingenuous with
respect to documents requested with respect to the sale of real property to Community Refuse
Services, Inc. as requested in Plaintiffs request nos. 5 and 6.
18. It is believed that the documents requested are favorable to Plaintiff.
19. If this case is to be tried, Plaintiff cannot properly prepare the case in this action
without the information requested of Defendants, so that Plaintiff would be prejudiced.
20. Because of Defendants' failure, despite Plaintiff's repeated requests and despite this
Honorable Court's Order of August 7, 2003, that he provide the information, documents, and other
things requested, it is appropriate to impose sanctions.
21. Subsequent to serving the original Requests for Production of Documents,
Plaintiff's attorney has been made to spend 4.6 hours of attorney's time and 1.4 hours of paralegal's
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time pursuing responses to discovery.
22. Regular rates for Plaintiff s attorney are $175.00 per hour for work done by
attorneys and $100 per hour for work done by paralegals.
WHEREFORE, Plaintiff, Thomas S. Mitros, requests this Honorable Court to enter an
Order imposing sanctions against Defendants or Defendants' Counsel in the amount of $945 and
further Ordering Defendants to comply with the directives ofthe Court's Order of August 7, 2003.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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By:
David H. Martineau, Esquire
I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Date: December L 2003
Attorneys for Plaintiff
Docurnent#148013
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6401
1. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants : JURY TRIAL DEMANDED
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANTS - FIRST SET
TO: J. Robert Snyder
Hellen T. Snyder
Pursuant to Pa.R.C.P. No. 4009.1 and 4009.11, you ate hereby requested to produce for
inspection and copying at the offices of the Plaintiffs counsel, David H. Martineau, Esquire,
Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg,
Pennsylvania, 17110-0300, or at such other location as being mutually agreed upon by counsel,
not later than thirty (30) days after service of these requests the following documents. In lieu of
the formal scheduled production, copies of all requested documents with signed' and verified
responses may be forwatded to Plaintiff's counsel at the above address within thirty (30) days
after service of these requests. The definitions contained in the Plaintiff's First Set of
Interrogatories Addressed to Defendants, ate incorporated herein as if fully set forth.
1. Any and all statements as defined by Pa.R.C.P. No. 4003.4.
2. Any and all expert reports discoverable under Pa.R.C.P. No. 4003.5.
3. Any and all correspondence related to the sale of the Property to Anthony 1.
Buzzelli and Marta M. Buzzelli.
4. All documents relating to the sale of the Property to Anthony 1. Buzzelli and
Martha M. Buzzelli, including but limited to any contracts and closing documents. Include both
copies of any contracts as they now appeat and copies of any contracts as Defendants claim that
they appeated at the time they were executed by Defendants.
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5. Any and all correspondence related to the sale of the Property to Community
Refuse Services, Inc., including but limited to any contracts and closing documents.
6. All documents relating to the sale of the Property to Community Refuse Services,
Inc.
7. All other writings, memoranda, data, and/or tangible things which relate directly or
indirectly to the incident and damages referred in the Complaint (excluding references to mental
impressions, conclusions or opinions representing the value or merit of the claim or defense or
respecting strategy or tactics and privilege communications from an to counsel).
8. Any and all documents prepared by you during the investigation of any aspect of
the incident in question excluding those documents not discoverable under Pa.R.C.P. No. 4003.5
and the attorney-client privilege.
9. Any and all documents prepared by insurers, representatives, agents, or anyone on
your behalf during the investigation of any aspect of the incident in question excluding those
documents not discoverable under Pa.R.C.P. No. 4003.3, 4003.5 and the attorney-client
privilege.
10. Any and all documents and/or exhibits which you intend to offer or identify as
exhibits and/or evidence in any depositions or at trial of this matter.
11. Any and all documents identified in your answers to any set of Interrogatories
propounded by any party to this litigation.
These Requests are deemed to be continuing Requests, and any and all documentation or
information requested herein which is discovered, obtained or available subsequent to the first
response hereto shall be furnished immediately to Plaintiffs counsel.
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METZGER, WICKERSHAM, KNAUSS & ERE, P.C.
By~f~_~
David H. Martineau, Esquire
Attorney LD. No. 84127
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Plaintiff's Request for Production of
Documents to Defendants - First Set with reference to the foregoing action by first class mail,
postage prepaid, this J!Lt4.ay of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, P A 17603
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February 24, 2003
SlNCEl888
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
Anthony M.Hopkins, Esquire
Nikolaus &. Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
Other Offices
Colonial Park Mechanicsburg
717-652-7020 717-691-5577
Millersburg Shippensburg
717-692-5810 717-530-7515
Re:
Thomas S. Mitros v. J. Robert Snyder and Helen T. Snyder
Dear Mr. Hopkins:
Herewith are Plaintiffs' First Set of Interrogatories and First Set of Request for Production of
Documents directed to your clients. I await your responses in the time permitted by law.
Thank you.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
David H. Martineau
DHM/amm
Enclosures
Document#: 262210.1
James F. Carl
Edward E. Knauss, IV*
Jered 1. Hock
Steven P. Miner
Oark DeVere
Francis J, Lafferty, IV
David H. Martineau
Andrew W. Norfleet
Melissa L. Van Eck
Andrew C. Spears
Young-Suh Koo
>I- Board Certified in civil
triallttw and advocaClJ
by the National Board
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THOMAS S. MITROS,'
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA .
CIVIL ACTION - LAW
NO. 01-6401
1. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this "f,j-\A day of ~ ' 2003, upon consideration of
Plaintiff's Motion to Compel Discovery, a Rule is entered upon Defendants to show cause, if any
they have, why the relief requested in said Motion should not be granted.
Rule returnable jO days from service.
1.
cc: David H.Martineau, Esquire; PO Box 5300; Harrisburg, PA 17110-0300
cc: Anthony Marc Hopkins; Esquire; 212 North QueenStreet; Lancaster, P A 17603
Document #283294
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
. SNYDER,
CNIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
ORnRR
,2003, it is ORDERED,
1. The Rule to Show Cause is made absolute;
2. Defendants are to provide full and complete answers to Plaintiff's First Set of
Interrogatories and Plaintiff's First Set of Request for Production of Documents
. with~~a~ service of this Order; and
3. . such other relief as the Court may deem necessary.
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
C'F.RTTmC'ATR OF SF,RVTC'R
AND NOW, this ~ day of November, 2003, I, David H. Martineau, Esquire, of
METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certify that I have this day served
the Order Compelling Discovery, dated August 7, 2003 by depositing a copy of the same in the
United States Mail, First Class, postage prepaid, to the individual(s) addressed below.
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, P A 17603
By L-df~ <--
David H. Martineau, Esquire
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THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil., ACTION - LAW
NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
CW.RTTmCATF, OF SF,RVWR
AND NOW, this 9;1... day of December, 2003, 1, David H. Martineau, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Thomas S. Mitros, hereby certify that I
served the foregoing Motion for Sanctions this day by depositing the same in the United States
mail, postage prepaid, certified, return receipt requested, in Harrisburg, Pennsylvania, addressed to:
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster,PA 17603
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David H. Martineau, Esquire
Docurnent#148013
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401
v.
1. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
ORnRR
AND NOW, this 1 ~day of ~
ADJUDGED, and DECREED that:
,2003, it is ORDERED,
I. The Rule to Show Cause is made absolute;
2. Defendants are to provide full and complete answers to Plaintiffs First Set of
Interrogatories and Plaintiff s First Set of Request for Production of Documents
withi~~a" service of this Order; and
3. such other relief as the Court may deem necessary.
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
1. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
MOTION TO MAKF. RTTLF. TO SHOW CATTSF, ARSOLTTTF.
AND NOW, this../J!- day of /JV''t V'J ,j- ,2003, comes David H.
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Martineau, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the
within Motion stating in support thereof as follows:
1. On or about June 26, 2003, Plaintiff filed a Motion to Compel pursuant to
Pa.R.C.P. 4006(a) and 4019.
2. On or about July 9, 2003, the Prothonotary's Office caused a copy of the Rule to
be served on the Defendants, using pre-posted envelopes provided to the Prothonotary's Office at
time of filing of the Motion, as per instruction from the Prothonotary's Office.
3. Defendants have not filed any answer to the Motion to Compel Discovery.
4. Since the Rule to Show Cause was served upon the Defendants, the Defendants
have not filed any Objection or Answer as of July 31, 2003.
WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order:
a. The Rule to Show Cause is made absolute;
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b. Compelling Defendants to provide full and complete answers to Plaintiff's
First Set ofInterrogatories and Plaintiff's First Set of Request for
Production of Documents within ten (10) days of service of this Order; and
c. Granting any other relief with regard to Defendants' failure to make
discovery as is just and proper.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
D..-/ f p:C~ -- )~
David H. Martineau, Esquire
Attorney J.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
By:
Attorneys for Plaintiff
Date: August~, 2003
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I, David H. Martineau, Esquire, hereby certify that the facts set forth in the foregoing
Motion are true and correct to the best of my knowledge, information and belief, that this Motion is
not interposed for the purpose of delay, and that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. g 4904 relating to unsworn falsification to authorities.
D-Y;1/~2
David H. Martineau
Date: August --L, 2003
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AND NOW, this k day of August, 2003, I, David H. Martineau, Esquire, of
METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certify that I have this day served
the within Motion by depositing a copy of the same in the United States Mail, First Class,
postage prepaid, to the individual(s) addressed below.
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, P A 17603
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By:
David H. Martineau, Esquire
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
J. ROBERT SNYDER and HELLEN
HELENT. SNYDER,
: NO. OJ-GLfDI
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Defendants : JURY TRIAL DEMANDED
NOTICE
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Document #: 215527.1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELENT. SNYDER,
Defendants : JURY TRIAL DEMANDED
NOTICIA
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante el).las siquientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personahnente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0
cualquier otra rec1amacion or remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Document #: 215527.1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. ()/.., CoLf() I ~
J. ROBERT SNYDER and HELLEN
HELENT. SNYDER,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P.c., and states the following cause of action and in support
thereof, avers as follows:
1, Plaintiff, Thomas S. Mitros, is a adult individual having his primary residence at
207 North Prince Street, Shippensburg, Cumberland County, Pennsylvania.
2. Plaintiff is a real estate agent, licensed by the Commonwealth of Pennsylvania, and
is the sole broker / proprietor of Re/Max Homefmders, 115 East King Street, Shippensburg,
Cumberland County, Pennsylvania, 17257.
3, Defendant J. Robert Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
4, Defendant Helen T. Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
5. On or about April 4, 2000, Plaintiff and Defendants entered into a written
Listing Contract by which, the parties agreed that Plaintiff would fmd a buyer for the .
Document #: 202007.1
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Defendants' home at 575 Newville Road, Newburg, Cumberland County, Pennsylvania
(hereafter, the "Property"). A true and correct copy of the Listing Agreement is attached
hereto, incorporated herein and marked as Exhibit" A" .
6. The Listing Contract is a contract, binding upon both parties.
7. The Listing Contract provides that Plaintiff shall have the sole right to sell the
Property between April 4, 2000 and May 4, 2001.
8. Under the Listing Contract, Defendants agreed to pay Plaintiff a commission of six
percent (6%) of the sale price of the home under each of the following conditions:
a. If the Property, or any ownership interest in it, is sold or exchanged during
the length or term of the Listing Contract by Plaintiff, Plaintiff's agent, Defendant, or any
other person or broker at three hundred fifty thousand dollars ($350,000) or any price
accepted by Plaintiff. (Listing Contract - Paragraph 6 .A.)
b. Negotiations pending at the time of the end of the contract result in the sale
of the Property. (Listing Contract - Paragraph 6.B.)
c. Defendants sell the Property within 180 days of the end of the contract to a
buyer that has been shown or negotiated to purchase the Property during the time of the
Listing contract. (Listing Contract - Paragraph 6. C.)
d. Plaintiff fmds a willing buyer for the Property at three hundred fifty
thousand dollars ($350,000) or a price that is accepted by Defendants but the sale does not
occur. (Listing Contract - Paragraph 7 .A.)
Document #173211
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9. The Listing Contract defines a "willing buyer" as "one who will pay the listed
price or more for the property, or one who has submitted an offer accepted by seller."
10. On or about June 6, 2000, Defendants entered into a Standard Agreement for the
Sale of Real Estate (hereafter, the "Sale Agreement") with Anthony 1. Buzzelli and
Marta M. Buzzelli (hereafter, the "First Buyers"), willing buyers found by Plaintiff. A true and
correct copy of the Sale Agreement is attached hereto, incorporated herein and marked as
Exhibit "B".
11. Under the Sale Agreement, the Fist Buyers offered and the Defendants accepted
the offer to buy the Property for the price of three hundted twenty five thousand and 00/100
dollars ($325,000.00).
12. The First Buyers constitute "willing buyers" under the Listing Contract.
13. Upon acceptance of the First Buyers' offer, Defendant became obligated to pay a
commission in the amount of nineteen thousand five hundred and 00/100 dollars ($19,500.00) to
Plaintiff under Paragraph 7.A. of the Listing Contract.
14. After the Sale Agreement was entered into, but before closing could occur,
Defendants negotiated to sell the Property to Community Refuse Services, Inc., a corporation,
formed under the laws of the Commonwealth of Pennsylvania, and having its registered address at
100 Oregon Street, Mechanicsburg, Franklin County, Pennsylvania (hereafter, "Community
Refuse").
15. On or about September 15, 2000, Defendants sold the Property to Community
Refuse for the sale price of three hundred fifty thousand and 00/100 dollars ($350,000.00).
Document #173211
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16. The sale of the Property to Community Refuse was in violation of the Sale
Agreement.
17. Upon the sale of the property to Community Refuse, Defendants became obligated
to pay a commission in the amount of twenty one thousand and 00/100 dollars ($21,000.00) to
Plaintiff under Paragraph 6.A. of the Listing Contract.
18. The commission Plaintiff and Defendants agreed to for the sale of the services
rendered by Plaintiff and on behalf of Defendants is a fair and reasonable commission for the
services rendered by Plaintiff, and was the commission that Defendants agreed to pay.
19. Defendants accepted the services provided by Plaintiff pursuant to the terms and
conditions of the Listing Contract.
20. Plaintiff, by and through his attorney, has provided to Defendants, by and
through their attorney, a statement of the account accurately showing all commissions owed by
Defendants, which included statements of how each commission arose. A true and correct
copy of the most recent statement of account is attached hereto, incorporated herein and
marked as Exhibit "C".
21. Despite Plaintiffs reasonable demand for payment, Defendants have failed,
refused and continue to refuse to pay all sums due and owing to Plaintiff, all to the detriment
of Plaintiff.
22. Plaintiff has performed any and all conditions precedent to the bringing of this
action.
Document #173211
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COUNT I
WRITTEN CONTRACT
23. Paragraphs 1-22 above are incorporated by reference.
24. Defendants have accepted the services provided by Plaintiff pursuant to the
terms and conditions of the Listing Agreement.
25. Despite Plaintiff's reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay all sums due and owing on Defendants'
account balance, all to the damage of Plaintiff.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and
Helen T. Snyder, in the amount of forty thousand five hundred and 00/100 Dollars
($40,500.00), interest on that amount, the costs of this action and such other relief as the Court
deems just and proper.
COUNT n
OUANTUM MERUIT
26. Paragraphs 1-25 above are incorporated by reference.
27. The aforesaid amount of forty thousand five hundred and 00/1 00 Dollars
($40,500.00) is the fair and reasonable value of the listing services Defendants by Plaintiff.
28. Despite Plaintiff's reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay the fair and reasonable value of the services
provided to Defendants plus any accrued interest, all to the detriment of Plaintiff.
Document #173211
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WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
COUNT III
UNJUST ENRICHMENT
29. Paragraphs 1-28 above are incorporated by reference.
30. Defendants would be unjustly enriched if they were permitted to benefit from the
services provided by Plaintiff without paying the commissions owed to him.
31. The aforesaid listing services provided by Plaintiff and accepted by Defendants
have enriched Defendant.
32. Said enrichment would be unjust if Defendants were not required to pay the
commissions owed to Plaintiff, and said Defendants accordingly are obligated to Plaintiff for said
amount.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
Document #173211
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Document #173211
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METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
V--7.#,L
David H. Martineau, Esquire
Attorney LD. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which we have
furnished to counsel, as well as upon information which has been gathered by counsel andlor
others acting on my behalf in this matter. The language of the Complaint is that of counsel and
not my own. I have read the Complaint, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information, and
belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such
counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid
Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
falsification to authorities.
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Date: /;j'"t.? I
Doc,ument #173211
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09/12/20,n 'i'4: 14.
7175324380
RE/MAX HOMEFINDERS
PAGE 21
. \
LISTING CONTRACT
Thls ........ ...... EXCLUSIVE IlUGHT TO' SELL REAL PRO'PERTY XLS
X'OCOIDID8 aocl approved. for.. but not rostIita::d 10 _e by~ 1he mtlmbetS of tbO Pcmsylvaoi,a Msociation r:4 REALTORSe (PAR)
IJRO'KER (CompaDy> "':''":: ~:m~"'n""g~g
~ 'I'l"'t'un",.,.:!Q M";+__q
!iEI' .T :IP.'D
J Robart Snyder
Hel.en T Snyd.er
I. PRO'l"EltTY
Addc'ess' lOi7"i 'Nr_--.ri"l 1_ Tlr-....A M_IO...h"~_g
M:uo.icipality(city, bot'ough, township) t=(n.T"\_~_1' "'....-Y">Rhit'
County r,-'!ftI1o........., "'......4 School Di$trlct
Z....iDg sod l'<'esent Use
W-u,.&stion,_' Number (For _pI... t8x IdentificaJi<oo, number; parcel.pomber; deed 1><>01<, page, recordiJ;,g date) .<."-~ /I- ~
-- r'>Sf t':>.<;qq no>,., . ~oui ~t:: Be .;It:,,..:; P"''O'" L/-<to (:1'.'l5:"~":L
~ STAR'DNG ~ ENDING D-t.'.l'.rs 0'1' LIS'DNG CONTRACF (also called "Term")
A. No AsooCild:i0ll ot"REALTORs has.set or recommended the......... of this oontract. By law the length (0' teml ofa listing cmtract
may not exceed one year. SeU... and Brok... have discussed and agreed upon lbe length or Un... of this """tract.
B. StartiDgDa*", ~ls Conn:act starts when signed hy Seller and Bro....., _less otherwise __here:
C~ EIlIIiiIg Date: This Contntct ends on ~ A-V 4 .:2.. D Q J
,
LlSTED PRICIi: S ~.s-.o.l (J 4 <'::>
.$ N "....-,,-~<<'"'-'
I.~E 0'1' 'DDS CONJ:aACF
SelJ.er is hiriogBr_ to market Properly and to find a buyer. Seller Will ....fer aU -.. and inquiries to Broker. Seller allows
- to..... print and/or electronic advertising. Broke.<" is ading as Seiter Agent. as described in the Consumer NotIoo..
, BROKER'S Ili:EJE
No Assoohttion ot"REAL TORS has .... or recoD!IIlended the Broker's Fee. Seller and Broker have negotiated the tee that Seller
will pay Broker. The Broker's Fee is ~ "2. oWfrom the...teprice snd paid by Seller.
;. COOPEllATJlQN WITH O'THER BRO'~
LIco>nsee bas _l1ained Broker's company policies about cooperating with other brokers. Seller and Broker agree that Broker will
pay from Broker"s Fee: .
A. .A..... Co a._.... b<-'*"r _0 rel'__ls the SeDer (SUBAGIi:NT).
o No 181 Yes Jf Yes. amount: ..3 ojj'from the sale prioo..
B. A fee lib ...._ .._ _0 rep............. a ....yer (B~B.'S AGENT).. .A. Baye"s Agaot, __ 11'''''__ by _Gker
., Seller, _ ~1It.tIle lafao_ls art.... bayer_ ..3
w No 181 Yes IfY.., am~t: afJ'ttomtheSaleprice.
C. .A. tee .. a~t1blooLb...ker__o does.ot reF-'" e1tbor the Seller or a bayer (TRAl'iS-t.CTlON LICENSEE).
W No I:!lI Yes IfY.., ""''''''''' 3 ojj'from lbe sak price.
;. l"AYMENT OF JIIROKEB.'S FEE
A. Seller _ pay_........ 1'.... if:l"_>:ey, ... _ ~er"'ip iaterest fa it, Is said .... _"lied _.....g Ole -.... .... term
.,,_CoAl< "dbyBroker, Bn"'''''. ~ Seu..r,... by..." _er pen_ CJII' b.........,att..e _'J,lrieeorlDlTl'I'kea_ptabk>
to Seller.
B_ Setler will payBroker's Fee ilnegotiations that are pending at the Ending Date ollbis Contract result in a sale.
C. Seller wlllpa;y Broker's Fee after the Ending 'Date ot"this Ccmtra<:t IF:
(1) A sale 0C<:Ur$ within , ..0 ~ oflbe Epding Date, AND
(2) The buyer -. shown .... negotlated to "'7'th..~ during the tem> of this <:ontraa.
Sl!Der-wOl U:Gt owe Dr~"'lJ Fee iftlae P:ruperay is Ils:md IDlder.. .we"Jasive rigbt to seD ICGIltraet" wi& aBOther
~ ot the time ot"~sa1e.
. BROKEB.'S FEE IF S,u..E J)()ES 1'(0''.1.' OCCUR
A. seller wiD. pay __".JiBe l1'a ....dy, _g, ...d sb1e bayer Is IbIl1ld by Jlraker or by ~.lad-.ag Seller.
^' wiU;ng ~ is one 'Who will pay the listed price or more fur the Property, or ooe 'Who bas sabalitted an offer accepted by Seller.
9. Ilthe PIqJerty a: any J?Srt ot" it Is""eo by any govermnent fa: public use (Eminent Domain), Seller will pay _
oI7ttom any money paid by the government.
C. JJ' a buyer eigQs an ajp.'eement ot" sale then refuoos to bu;y the ~, cr if .. buyer is unable to buy it hec:ause of fiillIng to <l<>
an the lhin!ll' required ot"the buyer in the ~_ ot"saIe, Sell... will pay Bro.....;
(1) ~n.. of7ftom bU)"l<'s deposit manl.., O'R
(:2) the Broker's Fee in ~ 4. whichever is less.
DUAL ~~NCY
Sell... agrees that BrQ)s;er may also represent the buyeoo(s) olthe Property. Broker Is a DUAL AGENT wit... representing both
Sell.... and the buyer In the ...Ie of a property.
Des'-_ Ageacy
t:l Nut AppIkab1e.
IBl AppIlea...... Broker, as the Vuod Agent. may desl_te 11_ to ""Present the separate interests of Seller and the buyer_
Licensee (Identified above) is the DesI~ AFt. wb,o wllt_ e>rclusively as the Seller Agent_ I(Property is introduced
to the buyer by .. llcensee in the Company who '" not representing the buyer, lb"" lbat licensee is authotlzed to work QO
behalf of Sell.... JJ'Licensee is also the Buyer Agent, tlten Lioeusee is a DUAL AGENT.
JlRQKEB.'S SERVICli:S TO BUYE'R.
Brolr<o: may provide services to a buyer fur 'Whi<:l> Ik...... may a<:cept a fee. Such servi".,. may in_de. but are not 'limited to,
deed(docum.ent pt_....Lm; ord...-ing c:ertiJl.catlons reqWred lot' dosing; financial oervU:es; title transll:r snd preparation ....-vi",,";
.,..dering m.ursnce. c:oustrudion, ""Pair. or Inspection services. Broker will disclose to Seller ifsny _ are to be paid by Buye<-.
u.tInQ ContIaOt.11199 cPennsylVanla~ondREALTORSlIl1998
6.02(B,8). RQSlFMTClP SQlw~Publishlng tne.. (c) 200D RClgIt PPAP~. THOMAS S. MrrRQS.ABR.CRP. REIMAX. HDMEFINDERS
04104IOO 09:46:17
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1219/12/2861 ~4: 14,
71 75324388
RE/M~X HOMEFINDERS
PAGE 22
.8. OTHER PROPERTJES , r
Seller agrees - :Brok.... may list other propertiesii>r sale and that Broker 'may show other properties to prospecth., buyers.
1. CONFLIC'J." OF INTEREST
!'- co'lfllc. 0/""- Is when Broker ot Licenace has a Wtancial or """"""" intere.rt wbere Btoker or Licensee cannot t Sell....s
=-~= any other. I:fthe Btoker, or 811Y ofBtokCl"s salespeople, hils a .-;Q<1f!ic' o/buereJ1. , Dcok.... will noti1)l SeJ:: in a
2. SETI'LBMENr AND POSS:JtSSlON
A. PreJllnod Settlement Dal:e:
p. SeUer will give _->on of the Prop<oiy to Buyer at _I_ent o~ on
C. (I) If"thel'x'operly. or an>, part of!t- is ~tcd, Sell... will give any leases to l3roker before signing this cdntract.
~~: ~~= Sell.... WIll pr"""de a written """"na:ry ofthetenns,includmg amount ofrent, _ding date,. and
(3) Seller will n<lt enter into or l'el:JeW any lease during the -... oftl>\~ C",,_ """"PI as follows:
3. TI'1L:E
A. At --t, Seller will give full tights of ownership (tee simple) to a buyer except as fullows'
(I) Mineral Rights ^-ents .
(2)Other
JJ. SCY~~b
No Mortgage wifh
A~
Acct. #
Dyes D No };q~ loan wilh
Address
Acct. jj. Am_ of""I...,,,,, S
o No SeUer authotizes JJ>-ok... to ~eceive mort_e payoff'andlor equity loan payol'finfunnation from tlte leud.,r_
D No 1'_ Due Taxes Amount owed $
D No Judgmesrts Amount $
'l'Ype
D No Muuiclpal Ass"""",,,,,ts Amount S
o No Othe<
Am....... $
C. If Seller, at lUIYtimeonor sinceJanuary I, 1998. bas ...... obllgatedtopoysul'portunder an _thatis on """""d inlUlYl'"",,-syivanla
<>OUDIy. list the count)' and the Doa:testi.c Relations Numbe!' or Doaket NOmbe!':
Phone
Amount ofbalsnc:e $
Phone
Dyes
Dyes
Dyes
CJ Yes
D Y...
4. MULTIPLE l..lS'l'ING SJilRVICE (ML!S) (ComJ'I- ifBtoker is a medlbe!' ofan MLS)
I:!lI _ will .- " Multiple Listing ServI"" to ad-<<se the l'tope<ty to oth.... real estate sal_ersoos. YItlo can leU their clients
ami CUSl>lmet'S about it. Sel\et"agrees thatth..MLs, th..Btol<.... _ Li_ar.. notrc:sponsible furltll.tokesinthe:Ml..8deocription
-9fthe Property.
L;! Broker will not use a Multiple Li.stlng Se<vi"" to advertise the Property to olhe< _I estate 0lI1""J>"<SOOs.
J!'UBLlCATlON OF SAI.E PRICE
A- Seller Is ,,_e that n_ may1>Pl>1ish the final sa'" price _ .....I"""...t..
B. Sel\et" Will ;Wgwpublishing of the safe price _ Seller "<cq>ts an A_ent ofS.1e.
I:!lI Yes DNo
Ii.. SLGNS .. KEYS Seller all""", (where PCmliUed):
l!!I Yes 0 No S..... Sign - Dyes 0 NoSoldSign
o Yes E'l No Key in Office CI Yes 0 No Lock Box
CJy"" 0 No
_ r:n:MS Jl'(CLUIJ)ED IN TIlE PRICE Oli' THE PROPERTY
A. locl1ld<od in the sate and. ~e price are all exioting it..... permanently itlotalled in the Pro,PertY. free of liens, including plwnbiDg;
heating; lig1dcingfbdures (in"ludW& cloandeliero aod c:eiling limo); _tertreatment O)/Otemo; poolaod opa equipalcmt;~.:too.. openers
and ~ televisiOn ~-as; shrubbery, plantlngo, and .~. _ any ....."1","'& b=,1iDg and <:Od<ing _ _ on
th<> ~ at the time of settlement; _1 to waI1 ~. co_ing hordware, shades, snd b1lnds; built-illllir c:cnditl.aneo;B;
bul1Mn app~ ami the ......gelov.... Also included: ,
B. See at:t:oched Sb.t fur additional ttema include<! in the oat...
n'EMS NOT INCUlDED IN THE ..xcE OJ!' 'nlI:Jl P:KOP.ER'J'V
The fullowing item. ...... nor inaluded in the putebase and price of the Property:
A. "''"AJ<ICI~ hl,......ND~..~A~~
, B. _..-cd by the Scoll...
C. 0 See..uached sh_fur _anal items not inc1luded In the sale.
. S.ELJ..ER WILL UVEAL DEn:CTS ANDIO~ :El'f'V.l8ONMl!:NTALIIAZARDS
A _ (inc:IudiDgSellllrsCXC2l1JK1toJntheltca1E_eSe1lCl"aDiBcllllllU'eA<:t)wiIldiBcl......a1lknown-lde- _en_ental
h~ on"""",,- diodes...... slatemeot..A material detect is a probl_ or condition that:
(1) is a _Me dang.... to those living on the Property, or
(2) hIlS a oisnifi. ._ .adverse elI'ecc on the ....1"'" oftb.e P,c..,.,. !y.
B. XfSeUer ~1s to wll oflmown materialdell!cts andIOi" _vironmental bazMds.
(1) Sell... will EUJt hold Btoker or Lic:enoee ~.lble In IIJ1>' way;
(2) SeUer will pr-... l3roker and Li_l<om ooy c_.. 111WSUits. and acri011S - reoult;
(3) Seller will pay all of _'s aod Licensee's co.... .that result. TI1is includes alt<lrneys' l\:es lIlDd ""urt_oo pa}'ll1- o.
u.tiII9 Contract. 11" OPennsylvanja ~
a,02(5.6). RealFA$T8 ScftWat8 PublWlinQ Inc., (D).2000 Regt.: PPAPA.R222923. THOMAS S. MrrROS.ABR,CRP. REIMAX HOMEFlNO'ERS
04104/0009:46:11
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. .etlleri1_ (money Broker or Liceosee pays to end a lawsuit ~ :Claim). I
20. J1! l'ROJ"EllTY WAS BUILT BQl'ORE '-9'78
Tbe_~tiaI Lead-Based Pain1:~zard ~onAct ""-)'S that any Seller ofpl'<>p<lrtybuilt ~ 1973 must. gi....the l"uyer _ El'A
paoDtlbl.ettil1cd PJotec:t YOOt FanulY lroIn. lead m You,- HOlD": The !Seller alsc must tell the Bu;\Ia' aDd the Broker what the Sell..- knows
allout lead-~ paint ""."Ilead,based pa/nt h~that ..... m or an. theproperl;y being sold. !Seller DlUSl tell the B_lwwthe Seller
JenOWll that ,....~cdpaint and I~based pa/nt hazards are on the pl'''!><'>-"l;y where the lead-bosed pa/nt and Ie&<i-based paint bazards
are, the eondition of the ~ surfaces. aDd aDY otth.... inlbrmation Seller ~ about lead-based paint and lead-based paint b_ds
on the ~. Any Seller ofa P!"71978 ~e mustalsc give the ~er any"""""ds and reports that lb" Sell.... has or can get about
lesd-:J>ased p&Ult or lead'based pa/nt b8zards In or around the prnpetty being sold, the C<lIDDlon _. <lI' dber dweillDglo inmulti-1iImi1y
b"""_ According to tbeAct, a !Seller mWll: gi"" a Buyer 10 days (unI_ :seller _d ~ __ to a diWerent period d'fune)'!rom
the time an As<'ecment of Sale is signed to haw a "risk a_sment" Or inspection fl>r palSible lead-balled palnl hazards dnole on the
p&.,perty. Buyen may dIooole not to llave the risk: a"""'_ or Inlipection fl>r lead paint hazards done. If Buyer ch_ not to have
the as""""lI1_ or insp"""on. B"iY"" tJ>ust inWrm the Seller in writirtg of the choice. The Act does ...,. >:equire the SeI.Ier to inspect /l>t
lead paint hazards or to ",,",eel lead paint blwlrds on the ptop<llly. The Act d""" not apply to hC)Q$ing built in 1973 or !JIter.
ZI. DJi:POSrr MONEY
A Broker. or any pecson Seller and the buyer name in the Agreem....t ofSaIe. will keep all deposit mo.uies paid by or fi>r the ~
in an eoa'OW __ lfbeld bym<lker. this escrow owcount will be held... required by real _li....,...-.gla"'" and regulaIlOOl$.
Se~ agr.... ~ the ~ keeping the depQsit m...ies may wait to deposit any unea""ed cl1eck that is .-eceived as deposit money
until seller bas accepted anoflb-.
B. 1f~ joins- BrOtter or l-icensee in a laW$Uit to.. the retunt ofdeposit m(JQies,. Sel11!!J' win pay Broket-'s and Licensee's attorneys'
;f___
0. :W;:COVEIlY J!'Vl'ID
Peo~l....na bas a Real Es_ Recovery Fund (tbe Fund) to repay any person who bas recei'lled a f"mal court tuliDg (civil jwlgment)
against a P_$,)'iYi\ll,iaJ<:a1 estate JiC<!psee beawse of li'aud, miot_esentation. or deceit in a real estate __an. The Fund 1'q>8;yS
petsono wbohave !lOt'~. able to cOlleottbe .iud&me;nt after aying 'aU lawl'ul wayo to do so. For COlDplele delallo aboot tbe F\Ind. call
(711) 783-3658. or (800) 822-2113 (within Pen....yl......ia) and (711) 783-4854 ("""'ide P""""y\~).
!3. TRAN!iFQ OF THIS CONTJlAC'J'
A.. Iltoker wlU ~'SeqeI- ............i..~1;y in writing if Broker lranstt= thi. Contract to another Broker when:
(1) Broker &tepsdOingbusin_ 9R
~2) lJroker. lOril>.'. 0 a "_.'. . real estate bbsln. ....... OR
3) Broker joins his buoineos with another.
eller __ that Broker may transtioJ" this C""tnI<;l to another molcet. Broker will n<<itY Seller immediately in writing when a
tnlIWtb: oocurs or Broker will lose the right to _tb: this ~ S<>ller will1l>ll_ all requirements afthlo Contrad with the
....... broker.
B. Should Sell<o" gi.... or transfer the Property, or an ow''',,'.lrlp in_ in it. to an~ne during the tenD ofthls Contract, all owners
w.illlbllow the requirements of this Contrao;:t.
14. NOTICE TO ~N8 OFFEBIN'G TO SELL Oll ~ HOUSING IN PENNSYLV.ANlA.
Fed......._ s_iS.ws tDlIJ<e. it iI1egaI fi>r Seller. m_. ... anyone to.us.. RACE. COLOR. REUGION Or REUGIOUS CREED. SEX.
msABiI.I'TYcPb~1 .... menml). FAMlJ..IAI. STATIJS (clUldren ~ 18 _<5 afage). AGE (40 <lI' older). NA:rIONAJ,. ORIGIN.
usa OR~G OF SlJPP()RT OR GOlDE J\NIMALS. or the FAce OF RELA:rIONSmP OR ASSOCIATION
TO ANlNPIVIDUAJ,. KNOWN TO HAVE A DlSABIUTY as reasons fur refusing to .ell. .how. or'- pl'apea-ties. 1080 money.
or set deposit amounts,. .... as reasons fi>t any d"""slon relating to tbella.le ofprope.-ty.
NO OTHER CONTRACTS .
sener will JIOt _ into sOOther Iisting agreement with another broker that begins befute the Ending Date d'this Contt-.
ADOrrION..t.L OFFli:BS
ONCE! $ELLER:EN'TERB n.'TO AN AGREEME:l."T OF SALE. BJlOKER IS NOT REQUIRED TO PRESENT onmR OFFERS.
7. ENTIIlE CONTJlACT .
This Contr1><:t is the entire ___ ~ Broker and Sell..... Any v_I"" "",i1ten agreements that were made be{"", "'''' n0t-
a pa<t ofthls Conuact.
CHANGES TO UDS COl\lTJlACl'
All chaoges to this <:ont<a<:t must be in writing and siped by BroIcer and Seller
9. SPJtCIAL INstrIlUcnONS . _~~.. _~~ 1 -~~ed .... .-..ti. Any s.......:..
The OIiice of AJllomey <len.....l hIlS nQl. ~pprov"'" "1'1)1' ~pecial ........,ti""" .,.. -.....<ma 1ermo ~ _, any .-..es. ......._
insl:t'1Jdionoin the Con1l'a<:t lI1ust """,-pJywilh the Pennsylvania Plain Languase Consunler Contt'a<:tAct.
.UmrrroNAL ll'lFOBM4-TION (Ol'TlONAL)
TAXES. UTILI'DES, AND ASSOCJATlON ~
A.. At settl.....en.. Seller will pay one-half of the total R<:aI E,stale Transfer T_. unI_ otherwise stated here:
B. Reoi1 _ &...-1;)' Tax Assessment $ " Yearly Taxes S ",
Wageflnoome Tax Per Capita Tax $
C. ElIl:imatod T.ltilities (tra8b. water. sewer. electric. gas, aU. etc.)
D. Assoolati<m F.... $ In<:1ude:
E. Othe<-
1. ~~1/'INANC1NG Seller will accept the lbllowing arranpn.....ts tot ~ to J"'Y fur the Property:
CJ ~ will applyfi>r a m_ T~) ofm-"es aoceptable to Seller are:
!!aYes 0 No ConventiOl!l!l - - 0 Yes 0 No FHA
ayes 0 NoVA 0 Yes 0 No
o Scll.....s help to buy... (U' any):
Usdng Conaract. nnm CPCo~W8I" It.
8.02(5.6), RecdFASTe SoftwaN PUblishing Inc., (-C) 2000 RegII PPAPAR222923, THOMAS S. MrrAOS,ABR,CRP. REfMAX HOMEF8\IDERS
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leUe.. has .._d the COIISume.. Notice as adopted by tbe State Real Estate Commission at 49 I'a. Code li35.336. All
;eUers must slgm this Contnloct.
VOTICE BEFORE SIGNING: IF SELLER llA-S LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN
\.'1"I'ORNEY.
lWNER
" Robert Snyder
575 N$WV~~~e d, Newbuz9, PA 17240-9375
'WNER ,4j ~~ y ~/
$e1en T Snyder '/
575 Newvi11e aoad, Newburg, PK 17240-9375
A...r-
DATE
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DATE
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IIROKER (ComPl'BY Name)
ttm~ HOHE1!"INOERS
115 E KING STREE~
SH~PPENSBDRG PA 17257
Phone: 717 532 6131,
Fax: 717 532 4380
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STANDAIRD AGREEMENT FOJ,{THE ~ALE OF REAL ESTATE
This ~rm p!comroe,nded lI-lJd approved ro~. but not ra;trided to ~ by, lXle,.ml:l-l:$ ofthc Pennsylvania A$$OtiatiQn ofR.EAL TOrt~ (PAR}.
A/S - 2K
Pi\. LICENSED BROKER PA LICENSED BROKER
LISTING BROKll1R (Company) REf MAX Homefinders SELLING BROKER (Company)
ADDRESS 115 E, 1<in" Street ADDRESS
Shiooensburo. jPA 1,257 PH FAX
PH In?) 532.,.61:31 . FAX (717) 532-43BO
DESIGNATED AGENT FOR SELLER (if applicable) DESIGNATED AGENT FOR BUYER (if applicable)
. .
1.
This Agreement, dated June
SELLER(S): .
6. 2000
, Is between
Helen T Snyder
J ~obert Snyder
called "Seller," and
BUYER(S):
~thony J Buzzelli
Marta M Buzzelli
called "Buyer."
2. PROPERTY (1-98) Seller hereby agrees to..ell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or piece of gtoWld with bUIldings and improvemehl8 thereon ereeted,if any, knllwll as:
575 NewviJ1e Road, Newbura
in the :J:ownshi D of Jj9Dewel1
County of Cumberland in the Commonwealth ofPllnnsylvanla, Zip Code ] 724 0
Identification (e.g., Tax 11>#; Pax-eel #; Lot, Block; Deed Book, Page, Reconting Date)
Deed Rook . Paae
3. TERMS (HO)
(A) l'urchase l'rice Three hundred. twentv-five thousand dollars '$325.000.00)--------------------
----------------------------------------------------------------------------------~~~t
which will be paid to Seller by Buyer as follows:
(B) Cash or cheCk at signing lids Agreement: $
(C) Cash or check within day" of the execution ofthis Agreement: $
(D) Hoot! aCC~i:rtancp. $ 5.000.00
(E) Cash, cashier's or certified cheek at time of settlement: $ 320 nno. 00
TOTAL $ 325.000 00
(F) Deposits paid on account of purchase price to be held by Listing B~ker. unless otherwise stated here:
(0) Selle~s written approval to be on or before: June 14. 2000
(H) Settlement to be made on or before: Sente!!!l;ler 01. 2000
(I) Conveyance from So lIer wHl be by fee simple deed of special warranty unless olherwise stated here:
(J) PayJlletlt of transfer taxes will be divided equally between Buyer and Seller Ollles. otherwise sta1J!:d here:
(K) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where
applicable: taxes; rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if any; water
and/or sewer fees, if any, together with any other lienable municipal.ervice. The c!;arges are to be pro-1"ated for the period(s)
covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settJemen~ unless
otherwise stated here:
4. FIXTURES & PERSONAL PROPERTY (HlO)
(A) INCLUDED in this sale and purchase price are all existi/lg items pennanently installed in 1I1e Plt>pexty, free of liens,
including plumbing; heating; lighting flXtu.res (including chandeliers and ceiling fans); water treatment systems; pool and spa
~I(. Standard Ag...merrt For The Sill. Of R..., E.tato, 1/00 COPYRIGHT PEIIINSVLVANIAASSOCIATION OF REAL TORS<il1998
v_ S.02(5.~, Re.IFA$'R!I SoftWare Publishing 1110.. (oj 2000 Reg# PPAPAR2'l2923. THOMAS S, MITROS.ABR.CRP. RB'MAX HOMEFINDERS
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equipment; garag.e door openers and transmitters; teleVi~ion ame'nnas; shrubbery, plantings and unponed trees; any remaining
heatmg an~ cookll\g ~els. .llJred .o~ the Prop~rt;>' at the,time of ",Illelllent; waU to wall carpeting; window covering hardware,
shades. blinds; bullt-In air condllloners; bUllt-m applIances; and the range/oven unless othelWise Slated. Also included:
(B) LEASED Items (items not owned by Seller):
(C) EXCLUDED fixtures and items:
5. SPECl'AL CLAUSES (1-00)
(A) 181 Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code
935.366.
(B) 181 Buyer and Seller have received a statement of their respective estimated closing costs before signing this
Agreement.
(C) 181 Buyer has re.ceived the Seller's Pr:,perty Disclosure StalOment before signing this Agreement, if required by
law. (See Notice, Infurmalton Regardmg the Seller's Property Disclosure Act.)
(D) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is hOlding
deposit money) befo", signing this Ag(eement
(E) The following are part of this Agreement if cheeked:
o Sale & Settlement of Other Property 0 Tenant-Occupied Property Addendum (PAR Form TOP)
Contingency Addendum (PAR Form 130) 0
o Sale & Settlement of Other Property Contingency 0
with Right to Continue Marketing Addendum 0
(PAR form 131)
o Seulement of Other Property Contingency Addendum
(PAR Form 133)
1. This contract is Contingent tlpon Buyer receiving relevant information about
adjacent land-fill that is satisfactory to buyer, including Gove~nment reports.
2. Buyer has right of first refusal to purChase additional land. First right of
refussal to be %o~malized in writing 30 days after acceptance a
3. Buyers have the option to buy additional land from the seller. Detail. to
follow 3D days after acceptance.
6. l\'IORTG;\.GE CONTINGENCY (1-00)
o WAIVED. This!i8le is NOTtollt'ng~nt on mortgage fUlancing.
181 ELECTED
(A) This sale is contingent upOn Buyer obtaining mortgage financing as follows:
1. Amountofmorlg~e loan $ 2~Q. QOo
2. Minimum Term 3D years
3. Type of mortgage Conventional
4. lnte",st rate 8 %; however, Buyer agrees to accept the interest rate as may be committed by the
mortgsge lender, not to exceed a maximum interest rale of 9.5 %.
5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage
loan (e~c1uding any mortg~e insurance premiums or V A funding fee) not to exceed % of the mortgage
loan.
The interest rate and fees provisions required by Buyer a", satisfied if a mortgage lender makes available to Buyer the right to
guarantee an interest rate at or below the Maximum InleIeSt Rate specified herein with the percentage tees at or below the
amount specified herein. Buyer gives Sener the light, at Seller's sole option and as permitted by the lending institution and
applicable laws, to contribute financially, without promise of reimbtm>ement, to the Buyer andlor lender to make the above
terms available to Buyer.
(8) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mor1gage application to a
responsible mor1gage lending institution. The Selling Broker, if any, olherwise the Listing Broker, is authorized to
comm unicste with the lender for the purposes of assisting in the mortgage loan process.
(C) l. Upon "",eipt ofa mortgage commitment, Buyer and/or Selling Broker will promptly deliver a copy of the commitment to
Listing Broker, if any, otherwise to Seller. ,
2. MoJtgage commitment date Jul v 28.2000 .If a written commitment is not received by Listing Broker,
if any, otherwise by Seller, by rhe above date, Buyer and Seller agree to extend the commitment date until
Seller terminate. tbis Agreement in writing.
3. Seller has the option to terminate this Agreement in writing, on or after 1he mortgage commitment date, if the
mortgage commitment:
PJS-ZK _ Standard Agreement For The Sale Of Relill Estate, 1'00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORse 1998
Version 5.02(5.5), RealfA$T4Il Softvwe PubliShing Inc., (C) 2000 Reg# PPAPAR222923. THOMAS S. MITR08.A5R,CRP. RE;/MAX HOMEFINDERS
B ()I itlal /J:J6 "",,0. 0610610011:15,16 Sellar(B}lnitial. ~
uyers n & -.J1lIZ ~4
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a. Is not valid until the date of settlement, OR .
b. Is conditioned upon the sale and settlement of any other property, OR
c. Contains any ollrer cODdition not specified in this Agreement
4. In the even.t Sel!~r d?es not terminate this Agn:ement as provided above. Buyer has the option to terminate this
Agreement In wrlllng if the mortgage commitment:
a. Is not obtailled by or valid u.ntil the date of settlement. OR
b. Is conditioned upon tile sale and settlement of any other'property which do nOI occur by the date QfsettJement
~ '
c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of
settlemelll.
5. If this Agreement is t~mi.nated 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 responsibk: for any premiums for mechanics lien insullmce
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, insUlance binder charges or cancellation fee, if any; AND/OR any appraisal fues
and charges paid in advance to mortgage lender.
[f the mortgage lender requires repairs to the Property, auy~ will, UpOll receipt, dellv"," a copy of the mortgage lender'.
IC({uirement. 00 Listing Broker, if any, otherwise to Seller. Seller will. within 5 days of lllceipt of the lendets requirements
notify Buyer whether Seller will mal<e the required repairs at Seller's expense. '
I. If Seiler chooses to mal<e repairl, Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25
of this Agreement
2. If Seiler chooses not to make the required repairs, Buyer wil~' within 5 days, notify Seller in writing of Buyer's cboice
to terminate this Agreement OR mal<e the required repairs at Buyer's expense and with Seller's premiss ion,
which will not be unreasonably withheld. If Seller denies Buyer permission to make the requi!lld repairs, Buyer may,
within 5 days of Seller's denial, term inatethis Agreement If Buyer tenninates this Agreement, all deposit monies paid
on accounl of purchase price will be retUrned promptly to Buyer and this Agreement will be VOlD.
Seller Assist
[8J NOT AP1'LICABLE
o APPLICABLE. Seiler will pay:
0$ , mallimum, toward Buyer's costs as permi1:tl:d by the mortgage lender.
o
FHAN A, IF APPLICABLE
(F) [t is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the
purchase of the Propeny described herein or to incur any penalty by forleiture of earnest money deposits or otherwise unless
Buyer has been given, in accordance with HUD/FHA or V A requirements, a wtitten statement by the Fed~al Housing
Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the
Property of not less than $ (the dQUar llll10unt to be insened is the sales price as slated in the
Agreement). Buyer will have the privilege and option of proceeding with consummation of the contract without regard to the
amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department
of Hous Ing and Urban Development will insure. HUD does not warrant the value nor the condition of the Propeny. Buyer
should satisfy himselflherselfthat the price and condition of the Froperty are acceptable.
W'll'1lillg' Seclion 1010 of TItle 18, I.S.C., Department of Housing and Urban Developmellt provides, "Whoever for the
purpose of. . . influencing in any way the action Of such depamnent . . . makes, passes, utters, or publishes any $tlllement
knowing the same to be lBlse. .. 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,
Boyer's Acllllowledgement . .
o Buyer has received the HUD Notice "For Your Protection: Oet a Home Inspection" (see Notices and Information on
Propeny Condition Inspections). Buyer understands the importance Qf gelling 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 lrue to ehe best of our knowledge and belief, and that any ocher agreement en...",d into by any of these parties
in connection with mis transaction is attached to this Agreement
7. iNSPECTIONS (1-98) .
(A) Seller hereby agrees to permit inspections by authorized appraiser., 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 furtber
agrees to permit any other inspections required by or provided for in the terms oflhi. Agreement
(B) Buyerreserves the right to make a pre-sett1ement walk-through inspection of the Property. Buyets right to make this inspection
is not waived by any other provision oftbis Agreement
(C) Sclkr will have heating and all utilities (including fuel(s)) PO for the inspections.
8. PROPERTY INSPECTION CONTINGENCY (1.00) .
o WAIVED. Buyer understandS that Buyer has 1he option to request inspections of the Property (see Property Inspection and
(0)
(E)
AfS-2K. - $tandird AgrQQmen\: Fgr Tho Sate Of Real Estate. 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL. TORS~ leBa
Var>io. 6.n2(5.S), RoaJM$T~ Softw.... Publishing I"".. (0) 2000 Reg# PPAPAR222923. THOMAS S. MITROS,ABR.CRP. REIMAX HOMEFINDERS
I\.\h -n./h Page 3 of 19
Buyer(s)ll)itjals ~ -UlZ Oe/0610011:1S:1. Sellor(s)lnltials ~
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. I
Environmental Notices). BUYER WAIVES THIS OPTION and agrees 10 the RELEASE set for1h in paragraph 25 of this
Agreement.
IE! ELECTED
(A) Within 60 days oflhe e)Cecution of this Agreement, Buyer, at Buyer's e)Cpense, may choose to have inspections and/or
certifications completed by licenSllCl or otherwise qualified professionals (see Property lospection and Environmental
Notices). This cootigency does not apply to the following existiog conditions and/or items:
(B) Other provisions of this Agreement may provide for inspections and/or certificatioos 1I1at are not waived or allered
by Buyer's eleclion here.
(C) If Buyer is not sati~fied with the condition of the Property as stated in lIIlY written report, Buyer will, within the time given
rDr completing illllpections:
o Option I
I. Accept the Property with the infonnation staled in the report(s) and agree to 1I1e REL!;ASE sel forth in paragraph 25 of
this Agreement. OR
2. Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, within the time
given for inspection, in which case all deposit monies paid on accounl of purchase price will be returned promptly to
Buyer and this Agreement will be VOID.
I8l Option 2
I. Accept the Property wilh the information stated in the report(s) and agree to lbe RELEASE set forth in paragraph 25 of
this Agreement, UNLESS the total oost to correct the conditions contained in tbe report(s) is more than
$ 5000.0n .
2. If the total cost to corJeCt the conditions contained in the report(s) EXCEEDS the amount specified in paragraph S(C)
(Option 2) I, 8uyer will deliver the report(s) to Listing Broker, it any, otherwise to Seller, within the time
given fur i!Jspection.
a. Seller will, within 5 days of receiving lbe report(s), inform Buyer in writing of SeHer's choice to:
I) Make repairs before senlement so that the remaining cost to repair conditions contained in the report(s)
is less than or equal to 1I1e amount specified in paragraph S (C) (Option 2) I.
2) Credit Buyer at settlement for lbe difference between the estimated cost of repairing the conditions
contained in thereport(s) and the amount specified in paragraph 8 (C) (Option 2) I. This option must be
acceptable to Ihe mOl'lgage lender, ifany.
3) Not make repairs and not credit Buyer at settlement for any defects in conditions contained in the
report(s).
b. If Seller chooses to make repairs or credit Buyer at settlement as specified in paJ1lgraph S (C) (Option 2) 2,
Buyer will accept the Proper!)' and agree to the RELEASE set forfu in paragraplJ 25 of this Agreement
c. If Selhlr chooses not to make repairs and not to credit Buyer at settlement, or if Sener tails to cboose any
option within the time given, Buyer will, within days:
I) Accept lbe Property with. the information stated in the report(s) and agree to the RELEASE set forth in
paragraph 25 oflhis Agreement, OR
2) Tenninate the Agreement in writiog by notice to Listing Broker, if any, otberwise to Seller, in
which case aU deposit monies paid on account of purchase price will be retumed promptly to Buyer
and this Agreement will be VOID.
9. WOOD INFESfATION CONTINGENCY (1--00)
o WAIVED. Buyer understands that Eluyer hll$ the option to request that the Property be inspected mr,wood infestation by a
certified Pest Control Operator. BUYER WAIVES THIS OPTION lIIld agrees to the RELEASE set forth in paragraph 25 of
this Agreement
181 ELECTED
(A) Within 60 days of the exccution of this Agreement, Buyer, at Buyers expense, will obtain a written "Wood.
Destroying inseet Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all
supporting documel)lS lIIld drawings ptovided by the Pest Control OperalDrto Listing Broker, if any, otherwise to SeUer. The
report is 10 be made satisfactory to and in compliance with applicable laws, mortgage and lending institutions, and/or Federal
Insuring and GUlltanteeing Agency requiremeots, if any. The inspection will include all readily visible and accessible areas
of all structures on the Property except Ihe fullowing structures, which will nOl be inspected:
(8) If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for
active infesmtion(s), in accordance with applicable laws. .
(C) If the inspection reveals damage from active infestation(s) or previous infestatlon(s), Buyer, at Buyers expense, has the option
to obtain a written reporl by a professional contractor, home inspectioo service, or SllUclural engineer that is limited to
structural damage to the Property caused by wood.destroying organisms and II proposal 10 repair the damage. Buyer will
deliver the structural damage .r:eport lIIld corrective proposal to Listing Broker, if any, otherwise to Seller, within
days of delivering lbe original inspection report
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(D) Within 5 days of recejving 1be structural damage report ktd co"'~ctive proposal, Seller will advise Buyer whether Seller will
repa.r, at Seller'. expense and before settlement, any structu.al damage from active or previous infestation(.).
(E) If Seller chooses to repair struerural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees
to the RELEASE set forth ill paragraph 25 of this Agreement
(F) If.Se!ler chooses not to repair structural damage revealed by the report or fails to respond within the time given, Buyer,
wlthm 5 days of receiving Seller's notice, will notify Seller in writing or Buyer's choice to:
1. Accept the Property with the defeclS revealed by the inspection, without abatement of price and agree to the RELEASE
set forth in paragraph 25 of this Agreement, OR
2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's
permission, which will not be unreasonably withheld, in which case Buyer accepts the Property lll1d Ilgl'ees to the
RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer pennission to make the repairs, Buyer
may, within 5 days of Seller's denial, tenninate tbis Agreement If Buyer terminales this Agreement, all deposit monies
paid on account of purchase price will be returned promptly to Buyer and llds Agreement will be VOID, OR
3. Terminate this Agreement, in which case all deposit monies paid on account of pulthase price will be returned
promptly to Buyer and this Agreement will be VOID.
10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES BUILT
BEFORE 1978 (1-00)
o NOT APPLICABLE
181 APPLICABLE
(A) Seller represent. Utllt: (check I OR 2)
181 1. Seller has no knowledge concerning the presence of lead"based paint andlor lead-based paiIlt h<lZatds in or
about the PropeflY.
o 2. Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the
Property. (Provide tbe basis for determining that lead-based paint andlor h82'Nds' exist, lbe location(s),the
condition of lbe painted surlioces, and other available information concerning Seller's knowledge of the
presence of lead-based paint and/or lead based paint hazards.)
Records/Reports (check I OR 2)
I8J I. Seller has no reports or records pertaining to lead-based paint lll1d/or Iead.based paint hazaJds in or about the
Property.
o 2. Seller has provided Buyer with all available ~cords and reports pertaining to lead-based paint and/or lead"based
paint bazards in or about the Property. (List documents)
(B)
(C)
(D)
Buyer'. Acknowledgment
o 1. Buyer has received the pamphletPratect Your Familyfrom Leed /J1. Your Home and has read the l..ead Warning
Statement contained in this Agreement (See Environmental Notices).
Buyer's loitials Date
o 2. Buyer has reviewed Seller's disclosure of known lead.based paint andlor lead-based paint hazards, as identified
in paragraph 10(A) and has received the records and reports pertaining to lead-based paint andlor lead-based
paint hazards identified in pa/llgtaph 10(B).
Duyer's Initials Date
RISK ASSESSMENTIINSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling
built befoll' 1978, Buyer has a 10 day period (unless Buyer and Selleragree in writing to a different period of time) to conduct
a risk assessment or inspection of the 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 ofthe Property to determine
the presence of lead-based paint and/or Iead.based paint b=rds. BUYER WAIVES THIS RIGHT and agrees to the
RELEASE set forth in paragrapb 25 of this Agreement
ELECTED
\. Buyer, at Buye~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 complered witbin
days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different penod of time).
2. Within the time set furth above for obtaining the risk assessment and/or inspection of the l"rol"'ny for
lead-based paint anel/or lead-llased paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to
Seller, a written list of the specific hazardous conditions cited in the repofl and those corrections requested by Buyer,
along with a copy ofthe risk assessment lll1d/or inspection report
3. Seller may, within days of receiving the list and report(s), submit a wrillen corrective proposal to Buyer.
The corrective proposal will include, but not be limited to, the name of the remediation company and a completion date
for corrective measures. SeIler will provide certification from a risk assessor or inspector fuat corrective measures
have been made satisfactorily on or before the completion date.
4. Upon receiving the corrective proposal, Buyer, within 5 days, will:
a. Accept the corrective proposal and tbe Property in writing, and agree to the RELEASE set forth in paragraph
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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.
5. Should Seller tail to submit a written corrective proposal within the time set fortll in paragraph 10(D)3 of this
Agreement, then Buyer, within 5 days., will:
a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate 1I1is Agreement in writing, in which case all deposit monies paid on account of purchase price
will be relUmed promptly to Buyer and this Agreement will be VOID.
(E) Certification By signing this Agxeement, Buyer and Seller certify the accuracy of their respective statements, to the best of
their knowledge.
11. RADON CONTINGENCY (1~0)
(A) Seller represents that: (check appropriate response(s))
[gI I. Seller has no knowledge concerning the presence or absence of radon.
o 2. Seller has knowledge that the 1Pr0perty was tested on the dates, by the methods (e.g., chaICoal canister, alpha track,
etc.), and with the results of al( tests indicated below:
DATE TYPE OF reST RESULTS (picocurieslliter or worl<ing levels)
COPIES Of ALL A V AILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EITHER THE METHODS OR RESULTS OF 1HE TESTS.
o 3. Seller has knowledge that the l'roperty ulIderwent radoll reduction measures on the date(s) and by the method(s)
indicated below:
DATE RADON REDUCTION METHOD
181 W AlVED. Buyer understands that Buyer has the option. to request lbat the l'lOperty be inspected for ladon by a certified
inspector (see Radon Notice). BUYER WAIVES THIS OPTION and agrees 10 the RELEASE set forth in paragJ3.ph 25 of this
Agreement.
o ELECreD
(B) Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property and wiD deliver a
copy of the test report to Listing Broker, if any, otherwise tf,) Seller, within days of the execution of this
Agreement. (See Radon Notice.)
1. If the test report reveals the presence of radOn below 0.02 working levels (4 picocuries/liter), Buyer accepts the
Property alld agrees to the RELEASE set furth in paragraph 25 oCthis Agreement
2. If the test report reveals 1I1e pll>sence of radon at or exceeding 0.02 worl<ing levels (4 picocurieslliter), Buyer will,
within days of receipt oCthe test results:
o Option I
a. Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate this Agxeemenl in writing, in which case all deposit monies paid on accoullt 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 certif",d mitigation company; provisions for paymen~
including retests; and completion date for corrective measures.
I) Within 5 days of receiving 1I1e corrective proposal, Seller will:
a) Agree to lbe Terms of the corrective proposal in writing, in which case Buyer accepts the l'roperty
and agraes to the RELEASE set forth in paragraph 25 of this Agreement, OR
b) Not agree to the terms of the corrective proposal
2) ShOuld Seller not agree to the terms of the cOlTective proposal or fail to respond within thetime given,
Buyer will, wilhin 5 days., elect to:
a) Accept the Property in writing and agree to the RELEASE set furth in paragraph 25 of this
Agreement, OR
b) Terminate this Agreement in writing, in whicb case all deposit monies paid on account of purchase
price will be returned promptiy to Buyer and this Agreement will be VOID.
o Option 2
a.
b.
Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
Submit a written, corrective proposal to Listing Broker, if any, othenoise to Seller. The corrective proposal
will illclude, but not be limited to, the name of the. certified mitigation company; provisions for payment,
includillg retests: and completion date for colTective measures. Seller will pay a maximum of $
toward the total cost of remediation and retests, wbich will be completed by settlement
AlS-2K. Slandocd Agto.men, For Th. Sol. Of Real e"ate, 1/00 COPYRIGHT peNNSYLVANIA ASSOCIATION OF REAL TORSillI99lJ
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I) Ifthe total cost of remediation and rerests E~tEEDS the amountspecified in paragraph 11 (B) (Option 2) b,
Seller wil~ wi1l1in 5 days of teeeipt of the cost of remedial ion, notilY Buyer in wrlting of Selle!,s choice to:
(a) Pay fur the total cost of remediation and retests, in which case Buyer accepts 1I1e Property
and agrees to the RELEASE set forth in paragraph 25 oflhis Agreement, OR
(b) Not pay for the total cost of remediation and retests.
2) If Seller chooses oot to pay for the total cost of remediation and retests, or if Seller
filils to choose either option witbin the time given, Buyer will, wi1l1in 5 days, notify SeUer
in writing of Buyer's choice to:
a) Pay 1I1e difference between Sellers contribution to remediation and retests and the aernal cost
thereof, in which case Buyer accepts the Property and agrees to the RELEASE set furth in
paragraph 25 of Ibis Agreement, OR
b) Tenninate this Agreement, in which case all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement wUl be VOID.
12. STATUSOl"WATER(l-QO)
(A) Seller represents that this property is served by:
o Public Water
!81 Oo-site Water
o Community Water
o None
D
(B) WATER SERVICE INSPECTION CONTINGENCY
o WAIVED. Buyer ack,nowledges 1I1at Buyer has 1I1e option to request an inSpection of the water service for 1I1e Property.
BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement
181 ELECTED
I. Buyer has the option, within 150 days of1l1e execution oftbis Agreement and at Buyers expense, 10 deliver
to Listing Broker, if any, otherwise to Seller, a wril1eo inspection report by a qualified, professional water testing
company of die quality andlor quantity of the water senrice.
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 inspection company. Seller also agrees to resto", the Property prior to settlement
3. If the report reveals that the water service does not meet the minimum standards of lIl)Y applicable governmental
authority and/or fails to satlsIY 1I1e requirements fur quality andlor quantity set by 1I1e mortgage lender, if any, then
Seller will, within 5 days of receipt of the report, notify Buyer in writing of Seller's cholce to:
a. Upgl1l.de the water servIce to the minimum acceptable levels, befo", settlement, in which case Buyer accepts the
Property and agrees In the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the water service.
4. If Seller chooses not to upgrade the water service to minimum acceptable levels, or fails to respond within the time
given, Buyer wlli., within 5 days, either:
a. Accept the Property and the waler service and, if required by the mortgage lender, if any, andlor MY
governmental authority, upgrade the water service before settlement or within the time required by the mortgage
lender, if any, andlor any governmental authority, at Buyer's expense and with Seller's pennission, which will
not be unreasonably withheld, and agree to 1I1e RELEASE set forth in paragraph 25 of this Agreement. If Seller
denies Buyer permission to upgrade the water service, Buyer may, wi1l1in 5 days of Sellers denial, terminate
this Agreement. If Buyer terminates this Agreeement, all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOID, OR
b. Terminate this Agreement, in Which case all deposit monies paid on account of purchase price wjll be returned
promptly to Buyer and this Agreement will be VOID.
13. STATUS OF SEWER (1-00)
(A) Seller represems that Property is served by:
o Public Sewer
!81 Individual On-lot Sewage Disposal System (See Sewage Notice I)
o Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice J; see Sewage Notice 4, if
applicable)
D Community Sewage Disposal System
o Ten.acre Pennit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
o None (See Sewage Notioe I)
D None Available/Permit Limitations in Effect (See Sewage Notice 5)
o
(B) INDlVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges 1I1at Bllyer has the option to request an individual on-lot sewage disposal inspection of the
Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement
A13-2K . Standard Agreement For TII. Sel. Of Real E$tate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSQ!> ,.ge
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181 ELECTED
1. Buyer bas the option, within 60 days of the execution ofthis Agreement and at Buyer's expense, to deliver
to Listing Broker, if any, otherwise to Seller. a written inspection report by a qualified, professional inspector of the
individual on-lot sewage disposal system.
Seller agJ;ees to locate and provide access to the individual on-lot sewage disposal system, and, if requiJ;ed by the
inspection company, empty the septic tank, at SeUer's expense. Seller also agrees to restore the Property prior to
settlement.
If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller
will, within 5 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 accepts the
Property and agrees to the RELEASE set forth in paragraph 25 ofthis Agreement, OR
Not correct the defects, or If Seller faU. to respond within tbe time given, Buyer will, within
f days, either:
I) Accept the Property and the system and, if required by the mortgage lender, if any, and/or any
governmental authority, correct the defects before settlement or within the time required by the mortgage
lender, if any, and/or any governmental authority, at Buyer's sole expense and wi1h Seller's permission,
which will not be unreasonably withheld, and agree to the RELEASE set rorth in paragraph 25 of this
Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, wi1h!n 5 days of Seller's
denial, tennin.te Ibis Agreement. If Buyer tenninares tbis AgICement, all deposit monies paid on accounl
of purcbase price will be retumed promptly 10 Buyer and this Agreement will be YOID, OR
(2) Terminate this Agreement in writing, in which case aU deposit monies paid on account of purchase price
will be returned promptly to Buyer .nd tbis Agreemeot will be VOID.
If the report reveals the need to expand or replace the existing individual on-Il)! sewage disposal system, Seller may,
withio 5 days of the "'port, submit a corrective proposal to Selling Broker, if any, otherwise
to Buyer. The correetive proposal will include, but not be limited to, the name ofthe rnmedi;ltion company; provisions
for payment, including retests; and completion date for corrective measures. Within 5 days of receiving SeUer's
corrective proposal, or if nO corrective proposal is received within the time given, Buyer will:
a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepm the Property and
agrees to Ibe RELEASE set forth in paragraph 25 of Ibis Agreement, OR
Accept the Property and 1he system and, if required by the mortgage lender, if any, and/or any govermnental
authority, correct the defects before settlement or withio the time required by the mortgage lender, if any, and/or
any govemmentaJ authority, at Buyer's sole expense and with Sellers pennissioo, which will not be
unreasonably withheld, aod agree to the RELEASE set forth in paragraph 25 ofthis Agreement. If Seller denies
Buyer permission to correct the defects, Buyer may, within 5 days of Seiler's denia~ terminate this Agreement
If Buyer tenninatGs this Agreement, all deposit monies paid 00 account of purchase price will be returned
promptly to Buyer and this Agreement will be YOlO, OR
Terminale tbis Ag",ement 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 YOlO.
NOTICES, ASSESSMENTS &: CERTIFICATES OF OCCUPANCY (1..(10)
(A) SeUer represents as of Seller's execution of this Agreement, that no public improvemeot, condominium or homeowner
association assessments have been made against the Property which remain unpaid and that nO notice by any government or
public authority has been served upon Seller or anyone on Seller's behalf, including notices ",taling to violations of zoning,
housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would
constitute violation of any such ordinances which remains uncorrected, unless l)!heIWise specified here:
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b.
b.
c.
(B) Seller knows of no other potamial notiees (inclUding violations) and assessments except as follows:
(C)
In the event any notices (ine iudIng viotations)andassessments ate received afterexecutlon of this Agreement and before settlement,
Seller will notify Buyer in writing, within 5 days ofreceiving the notice or assessment, Ibat Seller will:
1. Comply with notices and assessments at Seller's expense, in which ease Buyer accepts Ibe Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, OR
2. NOT comply with notices and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in
wriling that Buyer will:
a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph
25 of this Agreement, OR
b. Terminate this Agreement, in which cllSe all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be YOID.
If Buyer fails to notify Seller within the time given, Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 ofthis Agreement
Buyer is advised that access to a public road may require Issuance of a highway occupancy permit from the Department of
Transportation.
Ifrequired by law, within 10 days of the execution of this Agreement, Seller will order for delivery to Selling Broker, if
(D)
(E)
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any, otherwise to Buyer, on or before settlement, , I
I. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violatioll
of ;zoning, housing, building, safety or fire ordinances, AND/OR
2, A certificate permitting occupancy of the Property. In the event repairs/improvements are required forthe issuance of the
cerificate, Seller will, within 5 days of Sellers receipt of the requirements, notify Buyer ofthe requirements and whether
Seller will make the required repairs/improvements at Sellers expense.
If Seller chooses not to make the required repairs/improvements, Buyer will, within 5 days. notify Seller in writing of Buyer's
choice to terminate this Agreement OR make the repairs/improvements at Buyer's expense and with Seller's pemission,
which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within
5 days of Sellers denial, teminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account
of purchasc price will be returned promptly to Buyer and this Agreement will be VOID.
15. TITLE, SURVEYS, & COSTS (1..00)
(A) The Property is to be conveyed free and clea.r of all liens, encumbrances, and easements, EXCEPTING HOWEVER the
following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances,
easements of roads, easemenlS visible upon the ground, easements of record, privileges or rights of public service oompanies,
if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a
reputable Title Insurance Company IU the regular rates.
(B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at
the regular rates, as specified in pa.ragraph 15(A), Buyer will have the option of taking such title as Seller can give without
changing tbe price or of being repaid all monies paid by Buyer to Seller on account of purchase price and Seller will
reimburse Buyer tor any costs inourred by Buyer for those items speclfled in pa.ragraph IS(C) and in para:yaph 15(D) items
(I), (2), (3); and in the latter event there will be nO further liability or obligation on either of tbe parties bereto and this
Agreement will become VOID.
(C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting attorney, for the prepa.ration
ofan adequate legal description of the Property (or the cOll"ection thereof), will be seoured and paid for by Seller. However,
any surveyor surveys desired by Buyer or required by the mortgage lendcrwill be secured and paid for by Buyer.
(D) Buyer will pay for the following: (I) The premium for mechanics lien inswance and/or title search, or fee for cancellation of
same, if any; (2) The premiums for' flood! insurance and/or fire insull!nce with extended coverage, insurance binder charges or
cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary
settlcment costs and accruals.
16. ZONING CLASSIFICATION (1-00)
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcell/lereof, if
subdividable} is zoned solely or primarily to permit single-fumily dwellings) will render this Agreement voidable at the option
of the Buyer, and, if vcided, any deposits tendered by the Buyer will be retumed to the Buyer without any requirem<nt for
court action.
Zoning ClAssification:
o ELECTED. Within days of the execution of this Agreement, Buyer will verify mat the existing use of the Properly
as is permitted.
In the event the use is not permitted, Buyer will, withiu the time given for Verification, notifY Listing Broker, if any,
otherwise Seller, in writing that the existing use of the Property is not permitted and tbis Agreement will be VOID,
in which case all deposit monies paid on account of purchase price will be retumed promptly to Buyer. Buyer's failure to
respond witbin the time given will constitute 8 WAIVER of this contingency and all other terms of tbis Agreement
remain in full force and effect
17. COAL NOT1CE
IZI NOT APPLICABLE
o APPLICABLE
THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER. INCLUDE OR INSURE THE TITLE TO THE COAL AND
RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL
AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of
.July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting
from coal mining operations, and that the property described hcrein may be protected from damage due to mine subsidence by a
private contract with lhe owners of the economic interests in the coal. This acknowledgment is made for the purpose of complying
with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer
agrees to sign tbe deed from Seller which deed will comain the aforesaid provision.
18. POSSESSION (1.98)
(A) possession is to be delivered by deed, keys and:
I. Physical possession to a vacant building (if any) broom.c1ean, free of debris at day and time of settlement, AND/OR
2. Assignment of existing lease(sJ, lDgether with any security deposits and interest, at time of settlement, if Property is
tenant-occupied at the execution of this Agreement or unless otberwise specified herein. Buyer will acknowledge
AlS-.2K _ standarel Agreement For The Sal. Of Aeal Estate, 1/00 COPYRIGHT PEtIINSYlVANIAASSOCIATlON OF REAL TOR&8l1998
'Ie..... ..D2(5,S). RsaIFAllT<Bl Scftworo Publishing Ine.. (C) 2000 R09# PPAPAR222S23, THOMAS S. MITROS,A8fl.CRP, REJMA)( HOMEFINDERS
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existing lease(s) by initialing said leases(s) at, time of ~igning of this Agreement, if Property is tenant.occupied.
(8) Seller will not enter into any new leases, written extensroA of existing leases, if any, or additional leases for the Property
without expressed wrinen consent of Buyer.
19. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recoming of Deeds or in any other office Or place
of public record and if Buyer causeS or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of tbis
Agreement.
20. ASSIGNMENT (3-85)This Agwement will be binding upon the patties, their respective heirs, personal representatives, guardians
and successors, and to the extent assignable, on the as.igns of the parties hereto, it being expressly understood, however, that Buyer
will not transfer or assign this Agreement without the WritteA consent of Seller,
21. DEPOSIT.,.. RECOVERY fllND (l4)0)
(A) DepOSits paid by Buyer within 30 days of settlement will be by cash, cashi!l~s or cffiified check. Deposits, regardless of the
form of payment 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 untij consummation or termination of this Agreement in confomllty with all applicable laws and
regulation.. Any uncashed check tendered as depo.it may be held pending the acceptance of this offer.
(8) In the event of a dispu1tl over entitlement to deposit monies. a broker holding the deposit is required by the Rules and
Regulations of the Slate 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 return of deposit monies, II broker will di:;tribute the monies as directed by a final
order of court or the written Agreement of1l1e parties. Buyer and Se lIer agree that, in the event any broker or affiliated licensee
is joined in litigation for the return of deposit monies, lhe attorneys' fees and costs of the broker(s) and licensee(s)
will be paid by lhe party joining 1hem.
(C) A Real Estate Recovery Fund exists to reimburne any persons who have obtained a final cival judgment against a
Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate lJansaction and who have been
unable to collect the judgment after exhausting all legal and equitable remedies. For complete details aboul the Fund, call
(717) 783.3658, or (800) 822-2113 (wi1hin Pennsylvania) and (717) 783.4854 (outside Pennsylvania).
22. CONDOMINIUM I PLANNED COMMUNITY (80MEOWNER ASSOCIATION) RESALE NOTICE (14)0)
r8I NOT APPLICABLE
o APPLICABLE: CONDOMINIUM
BlIyer acknowledges that the Property is a unit ofa condominium lhat is primarily run by a unit owners' association. ~3407 of the
UnifOrm Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of
the condominium declaration (other than plats and plans), 1I1e bylaws, and the rules and regulations of the association.
o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIA nON)
Buyer acknowiedges that the Property is part of a planned community as defined by 1I1e Uniform Planned Community Act
(See Defmition of Planned Community Notice for the definition contained in the Act). ~5407(a) of the Act requires Seller to
furnish Buyer with a copy of the Declaration (other 1han plats and plans), the bylaws, the rules and regulations of the
association, and a Certificate containing the provisions set forth in ~5407(a) of the Act
(A) Within days of the execution of this Agreement, Seller wUl .ubmit a requestto the association for a Certificate of
Resale and the documents nece$Sary to enable Seller to comply witb the Act, The Act provides that the association is required
to provide these documents within 10 days of Seller's request
(B) Under lbe Act, Seller is not liable to Buyer for the failure or delay. of the association to provide the Certificate in a timely
manner, nor is Seller liable to BlIyer for any erroneous information provided by the association and included in the Certificate.
(C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of lbe association documents and for 5 days
thereafter, OR until settlement, whichever occurs firnt Buyer's notice declaring the Agreement void must be in writing;
thereafter all deposit monies will be returned to Buyer.
(D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that right,
Seller will reimburse Buyer for all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer
fur: (I) The premium for mechanics lien insurance andlor title search, or fee for cancellation of same, if any: (2) The
premiums for flood insurance andlor fire insurance with extended COvel3ge, insurance binder charges or cancellation fee, jf
any; (3) Apprai.al fees and charges paid in advance to mortgage lender, if any; (4) Buye~s customary settlement costs and
accruals.
23. MAINTENANCE.,.. RISK OF LOSS (14)0)
(A) Seller will maintain the Property, grounds, fixtures. and any personal property specifically scheduled herein in its present
condition, nonnal wear and tear excepted.
(8) In the event any system or appliance included in the sale of the Property faiis and Seller does not repair or replace the item,
Seller will promptly notify Buyer in writing of Seller's choice to:
I, Repair or replace the failed system or appliance befOre senlement or credit Buyer at senlement for 1I1e fair market value
of the faijed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer
acoepts lhe Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the failed systEm or
appliance, in which case Buyer will notify Seller in writing whhin S days or before settlement, whichever is sooner,
that /3uyer will:
a. Accept the PrOI'!'I'ty and agrc<;: to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate this Agreement, in which case all deposit monies paid on aocount of purchase price wijl be returned
A/S-2K _ Standard Agfll!ert;\l'!nt For The Sale Of RVi!1IJ li$tMe. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSQP 1996
Version 6.02(5.5), ReaIFA$lW Softws~ F'ubIiShitl,9 Inc., (e) 2000 Reg# PPAPAR222923, THOMAS S. MITROS,ABR,CRP. R~MAX HOMEFINDeRS
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24.
promptly to Buyer and this Agreement wlil be \id/O.
(C) Seller will bear risk of loss from tll'e or other casualties until tillle.of settlement. In the event of damage by fire or other
casualties to any property 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 Property
in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby notified that
Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement.
WAIVER OF CONTINGENCIES (1-00)
In th~ event this Agreement is contingent on Buyer's right to inspect and/or repair 1IIe Property, Buyer's failure to exercise any
of BlIyer's options within the time limits specified in the contingency provision(s) wOl constitute a WAIVER Qf that
contIngency and Buyer accepts the PrQperty and agrees to tbe RELEASE set forth in paragraph 2S Qf this Agreement,
REL,EASE 0-00) Buyer hereby rele...... quit claims and fQrever disehargos SELLE~, ALL BROKERS, their LICENSEES,
EMljLOYEES. and any OFFICER or PARTNER of any Qne of them and any other PERSON. J1IRM, or CORPORATION
who Imay be liable by or through them, from any and all claims, losses or demands, induding, but not limited to, personal
inju~ies and property damage and all of the consequences thereof, whether nOW known Or not, which may arise from the
presence of termites or other wood--boringinsec:ts, radon, lead-based paint hazards, environmental hazards, any defects in
the Individual on.lot sewage disposal system or defICiencies in the on-6ite water service !!y$(,m, or any defec:ts or conditions
on the Property. This release wUI survive settlement.
RE~ESENTATIONS 0-4)0)
(A) !Buyer understands that any representations, claims. advertising, promotional activities, brochures or plans of any kind made by
Seller, Brokers, their licensees. employees, officers or partners are not a pat! of this Agreement, unless expressly
incorporated Or stated in this Agreement.
(B) It is understood tllat Buyer bas inspected tbe Property before signing this Agreement (including fixtures and
any personal property speciliJCaUy scbeduled herein), or has waived the right to do so, and has agreed to pUJ"chase It in
its present condition unless otherwise stated in this Agreement. Buyer acknowledges tha~ Brokers, their lic:ell5ees,
employees, officers or partners haVe not made an ind~penden~ examination Or determioation of tbe structural
soundness of the Property, the age or condition ohhe com~nents, environmental condition., the permitted uses, or of
conditions existing in the locale where the Property is situated; nor bave they made a mechanical inspection of any of
the systems contained therein.
(C) It is further underStood 1IIat this Agreement contains the wbole agreement betWeen Seller and Buyer and there are no other
terms, obligations. covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning
this sale. Funhermore, this Agreement will not be altered, amended, changed, or modified except in writing executed by
the panies.
(D) The headings, captions, and line numbers in 1his Agreement are meant only to make it easier to find the paragraphs.
TIME OF THE ESSENCE- DEFAULT (1-00) .
The said time for settlement and aU other times referred to for the performance of any of the obligations of this Agreement are
hereby agreed to be ofthe essence ofthis Agreement. For the purposes of this Agreement, number of days will be counted from the
date of execution, by excluding the day this Agreement was executed and including the last day of the time period. Should Buyer:
(A) Fail 10 make any additional payments as specified in paragraph 3; OR
(B) Furnish false or incomplete information to Seller, Listing Broker, Selling Broker, or the mortgage lender, if any, concerning
Buyers legal or financial status, or Il1illo cooperate in the processing of the mortgage loan applicatiQn, which acts would result
in the failure to obtain the approval of a mor1gage loan commitment; OR
(C) Violate or rail to fulfill and perform any other terms Or conditions of this Agreement;
1I1en in such case, Seller has the option of ..lalning all sums paid by Buyer, including 1I1e deposit monies, I) on account of
purchase price, or 2) as monies to be applied 10 Seller's damages, or 3) as liquidated damages for such breacb, as Seller may
elect, unless otherwiSe checked below.
o Seller is limiled to retaining sums paid by Buyer, including deposit monies, as liquidated damages.
Is Seller elects to retain all sumS paid by Buyer, Including deposit monies, as liquidated damages, Buyer and Seller will be
released from further liability or obligation and this Agreement will be VOID.
BROKERS (1-00) The Business RelatiQnships between 1I1e Broker(s) and Seller and Buyer are as follows, UNLESS a different
relationship is checked below.
(A) The Listing Broker is Agent for Seller.
(D) The Selling Broker is Agent for Buyer.
(C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all
licensees, UNLESS there is 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 a Dual Agent
A Basiness Relationsbip exists that is different from above, as follows:
o The Selling Broker is the Agent/Subagent for Seller.
o The Selling Broker is a TransactiQn Licensee.
o The Listing Broker is a Transaction Licensee.
(D) Broker(s) may perform services to assist uorepresented parties in complying with the terms ofthis Agreement.
MEDIATION (7-96)
o NOT AVAILABLE
25.
26.
27.
28.
29.
AlS-2K ~ Standard Agreomer'lt For The Sale ot Real E.9.tate. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION Of REAl. TORSS: 1998
VersiOn 6.02(5.6), l\esIFA$TQ!) SOflware Publishing Inc.. (0) 2000 I\eg# PPAPAR222923. THOMAS S. MITROS.A8R.CRP. REIMAX HOMEFINDERS
A.1C: Oh.,,,, 06{06/0011:15~'O S6I1Gf(s)lnilials
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W A1VEP. Buyer and Seller under.;tand that they may choose,to mediate at a later date, should a dispute arise, but that there
will be no obligation on the pan of any party to do so.
ELECTED
(A) Buyer and Seller win try to resolve any dispute or claim that may arise from this Agreement through mediation,
in ~cordanc. with the Rules and Procedures of the Home Selle1'lliHome Buyers Dispute Resolution System. Any
agreement reached through a mediation conference and signed by the parties will be binding.
(B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedu,,",s of the Home
Sellers/Home Buyers Dispute Resolution System. (See Mediation Notlee.)
(C) This agreement to mediate disputes arising from this Agreement will survive settlement
Hilyer and Seller acknowledge that they have read and IIndersm!ll! tile notices and e1<planatoryinformation setforth in this Agreement.
181
o
Buyer acknowledges receiving a COpy of this Agreement at the time of signing.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return hy flll:simile
transmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, constitutes acceptante
of tbis Agreement. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice.
WIT~ES~g)
BUYER
Anthony J Buzze
3819 !n9'oman
< O~U
D~
20015
~
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3819 Ingoman St, Wasnin9'ton, DC 20015
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Seller hereby approves the above contract this (date)
and in consideration ofthe services ",ndered in pn:,,,uring the Buyer, Seller agrees to pay the named Listing Broker a fee of
of/from the herein specified sale price. In the event 1he Buyer defaults hereunder, any monies paid on account will be divided
, SeUer, , Listing Broker, but in no event will the sum paid to Listing Broker be in excess
of1he above specified Broker'S fee. '
WITNESS
%~--'SEL"ER Jk&..:! /. /~
Helen T Snyder /
575 Newville Road, Newburg,
DATE
SELLER
J Robert
575 N
PA 17240
d....... DATE
~~~
WITNESS~S ~
17240
Email
Brokers'lLlce..,...' Certifications (~heck all thai are applicable):
o Regarding Lead-B.a.ell Paint Hazards Disclosure: Required if Property WaS built before 1978: The undersigned Licensees
involved in this transaction, on behalf of themselves and their brokers, certifY tbat their statements are 1I'Ue to the best of their
knowledge and belief.
Acknowledgment: The Licensees Involved in this transaction have informed Seller of Seller's obligations under The
Residential Lead Paint Hazard Reduction Act, 42 V. S.C. 4852(d), and are aware oflbeinespon.ibilio/ to ensure compliance.
o Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on bebalfof1hemselves and their brokers,
A1S-2l< _ Standard Agreement For The S.le Of Real Estate. 1/00 COPYRIGHT PENNSVLVANIA ASSOCIATION OF REAL TORS@1.08
V\II$'un 0.02(0,0), R~IF'A.::!ITGJ 9I:7ftwore- f"i'ubli:3hing Inc;., (0) 2000 R.e9f" PPAPAR:d::z2Q23, THOMAS $. MITrtOS,ASR,CRP, RE/MA,X HOMEFlNOERS
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certify that the terms of this contract for purchase e.ri trUe to" the best of their knowledge and helief, and that any other
agreement entered into by any of these parties in connection with this lTansaction is attached to this Agreement"
o Regarding Mediation: The undersigned 0 Listing Broker 0 Selling 8roker
agree to submit to medi.tion in accordance with paragraph 29 of this A reement"
LISTING BROKER (Company Name}
ACCEPTED BY
SELLING BROKER (Company Name)
ACCEPTED 8Y
W~..-j>~
DATE
DATE
.AJS-2K - Standard Agreement Far The Sale Of Real Estate. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSUD 1998
VersiOn 6.02(5,5), R..IPMTe So!\ware Publishing Inc., ee) 2000 Reg# PPAPAR222923, THOMAS S. MITROS,A8R,CRP. REIMAX HOMEFINDERS
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NOTICES AND INFORMATION
lNFORMA.TION REGARDING THE SELLER'S PROPERTY OISCLOSURE ACT
Generally speaking, ~e Selle:'s Property Disclosure Act applies to any sale, exchange, installment sales contJac~ lease with an option to
buy, or transfer of an mterest In real estate wbere not less than one and not more than four residential dweUing units are involved.
~he Act stipulates that certain disclosures have to be made and delivered in a form dermed by 1I1e Act, before an agreement of sale is
sIgned.
The Act defines nine exceptions, where the form does not hsve to be used.
I. Transfe!" that are the result of a court order.
2. Transfers to a mortgage lender that resillt from a buyer's default and subsequent fO/eclosute sales that resuh from default
3. TransfelS by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust
4. Transfers from a co-owner to one or m6re other co-owners.
5. Transfers made to a spouse or a direct descendant.
6. TransrelS between spouses that result from divorce, legal ""'ParatiOll, or property settlement
7. Transfers by a corporation to its sharebolders as part of a plan of liquidation.
8. Transfers by a partnersbip to its partners as part of a plan of liquidation.
9. Transfers of new consrmction that has never been Qcoupied when:
a. The buyer has received a one-year written warranty covering the construction;
b. The building has been inspected for compliance with the applicable building code or, if none, a nationally recognized
model building code; and
c. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
In addition to these exceptions, lbe ACllimits the disclosure in the cases of condominiums and cooperatives to the selle~s particular unit. It
does not impose disclosures regatding common areas or facilities; those elements ate already addressed in the laws that govern the resales
of condominiums and cooperative interests.
NOTICE TO BUYERS SEEKlNG FINANCING
The appraised value of the Property is used in detetmining the maximum amount of the loan and may be diffetent from the
pun:base price and/or market value.
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS
U.s. Department of Rousing and Urban Development
FHA Loam;:
For Your Protection: Get a Home InspectiOn
What the FIlA Does For Buyers...and What We Don't Do
What we do: FHA he Ips people become homeownelS by insuring mortgages' for lenders. This allows lenders to offer mortgages 10
ftrst-time buyerS and othelS who may not qualify for convetional loans. Because the FHA insures the loan for the lender, the buyer
pays only a very low down-payment.
What we don't do: FHA does not guaranlee 1I1e value or condiliQl1 of your potential new home. If you find problems with your new
home after closing, we cannot give or lend you money for repairs, and we cannot buy the home back from you.
That's why it is so important for you, the buyer, to get an independent home inspection. Before yOU sign a contrac~ ask. a qualified
home inspector to hlspect your potenlial new home and give you the infoonation you need 10 make a wise decision.
Appraisals and ROlUe Inspections are Different
As part of out job insuring the loan, we require that the lender conduct an FHA appmisal. An appraisal is different from a home
inspection. Appraisals are for lenders; hQme i[[l!pe~ions art; for buyers. The lender does an appraisal for three reasons:
To estimate the value of a house
. To make sure that the house meets FHA minimum property standards
. To make sure that the house is marketable
Appraisals are not home inspections.
Why a Buyer Needs a Home Inspection
A home inspection gives the buyer more detailed information than an appraisal - information you need to make a wise decision. In a
borne inspection, a qllalified inspector takes an in.depth, unbiased look at your potential new home to:
AJS-:2K _ Standal'd Agreement For The SI118 Of Real es~1 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@ 1E1E1B
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Evaluate the physical condition: structure, construction, and mechanical systems
Identify items that need to be repaired or replaced
. Estimate the remaining useful life oflhe major systems, equipment, structure, and finishes
What Goes into a Home Inspection
A home inspection gives the buyer an impartia~ physical evaluation of the overall condition of the home and items that need to be
repaired or replaced. The inspection gives a detailed report On the condition of the SlltlclUraJ components, exterior, roofing. plumbing,
electrical, heating, insulation and ventilation, air conditioning, and interiors.
Be an lnformed Buyer
It is your responsibilily to be an informed buyer. Be sure that what you buy is satisfilctory in every respect. You have the right to
carefully examine your potential new home wlth a qualified home inspector. You should arnmge to have a home inspection before
you purchase your home, Make sure your contract states that the sale of the home depends on the inspection.
If you be lieve you have been subject to discrimination because of your race, color, religion, sex, handicap, fumiliaJ status, or national
origin, you should call the HUD Fair Housing and Equal Opportunity Complaint Hotline: (800) 669-9777.
This s!atement must be delivered to you at the time of initial loan application. Return one copy to your lender as proof of notification
and keep one copy for your records.
You, tile borrower(s), must be certain that you understand the transaction. Seek professional advice if you are uneertain.
PROPERTY INSPECTION NOTICES
Property Inspection: A general inspection of the Property can be performed by a professional contractor or home in$pection service and
may include inspection$ of: struclUlal components; roof; exterior windows and exterior doors; exterior siding, fascia, gUIleI', and
downspouts; appliances; electrical, plumbing. heating, aud cooling systems; water penetration; and any other items Buyer may select
Inspections or certifications might include: Environmental Hazai:ds (e.g., Asbestos, Ureafurmaldehyde Foam In$ulation, Underground
Slorage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square FOOlage
Verineation, and any other items Buyer may select. BUyer is advised 10 investigate easements, deed and U$e restrictions (including !illY
hisloric pre$ervation restrictions or ordinance$) lbat apply to the Propelty and to review local zoning ordinances.
Flood Plains: If the Propelty is located.in a flood plain, Buyer may be required to cany additional insurance.
Property Boundary/Square Footage: Buyer i$ advised that Seller has not had 1I:1e Property $urveyed and that any fences, hedges, walls
and other natural or constructed barrien mayor may not repre$ent 1I:1e true boundary lines of the Property. Buyer is also advised that any
numerical representations of square footage of the stIucture(s) and/or lot size are approximations Only and may be inaccurate. Buyer is
advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishes to
make this sale contingent on Buyer's approval of the Property's boundaries or square footage,
Water Service: Buyer may elect to have the water service Inspected by a professional water testing company. In addition, on-site water
service systems may have to meet certain quality and/or quantity requirements set by the municipality or the lender.
Wood-Destroying Insect Infestation: Insects whose primary SOUlCe of food is wood, such as termites, wood-boring beetles, oarpenter
ants, carpenter bees, and certain other insects, can cause damage to the wood structure ofa residence. Termite and Pest Control companies
are available to make inspections to determine whe1l:1er wood.destroying insects are plt'Sent. Because of the way these insects function,
damage to wood may be hidden. Careful selection should be made of skilled exper1S in the termite/pest control field to insure a proper
determination of whether wood-boring insects or resultant damage is present
ENvmONMENTAL NOTlCES
Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industl}'. The physical properties that give
asbestos its resistance to heat and decay are linked with several adverse human health effeclS. Asbestos can easily break into microscopic
fibers that can remain suspended in the air for long periods of time, When inhaled, these fibers easily penetrate body tissue, Asbestos is.
known to cause Asbestosis and various forms of cancer, Inquiries orrequests for more infoonation about asbestos can be directed to the
United Slates Environmental Protection Agency, 111 18th Street N. W., Wasliington, D,C. 20207, and/or the Department of Heal1h,
COmmonweakh ofPenosylvania, Division ofBnvironmental Health, Harrisburg, PA 17120.
Electromagnetic Fields: Electromagnetic Fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that
EMFs pose health risks does not exist at present, and Pennsylvania has no laws regarding this issue.
Environmental Ha~rds: The U.s. Environmen1a1 Protection Agency has a list of hazardous substances, the use and disposal of which are
A/8-2K . Standard Ag",.....nl For The SaI. Of Real Eetale, 1/00 COPYRIGHT PENNSY~VANIA ASSOCIATION OF ROAL TOR~ 1998
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r.stricted by law. G.n.rally, if hazardous substances are found 0'1 ~ pr.lperty, it is the property owner's responsibility to dispose ofth.m
prop.r1y. For more information aod a lisr of hazardous subslances, contact u.s. Environmental Protection Agency, III 181h Stre.t N.W.,
Washington, D.C. 20207, (202) 260-4700.
Ureaforlllaldehyde Foam Insulation (UFFI): Ureaformaldehyde Foam Insulation (UFFl) is a thennal insulation mat.riai that is
manufactured 111 the site of installation and pump.d into the space in the walls of the building being insulated. UFFI can r.l....e
formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effects linked to exposure to UFFI are canc.r,
lICU1e illness sucb as eye, nose, and throat hritation, and sensitization. Although a 1982 ban of future sales ofUFfl by the U.S. Consumer
Product Safety Commission was overturned in 1983 because the health risk was not establiShed as "unreasonable," it is recommended
that prospective buyers be informed if UFFI is present Or has been pres.nt on the property. Tests Can be conduCled to determine the
concenlJ:ation of formaldehyde gas present in a stlUcrure, as well as to measure the presence alld toxicity of UFFl. The cost of r.moving
UFFl will vary with the d.sign of the construction alld the accessibility of the insulation. Informatioll regarding tests and testing
proc.dures can b. obtained by writing the U.S. Consumer Product Safely Commission, office of the Secretary, Third Floor, 5401
Westbard Avenue, Bethesda, MD 20207.
Wetlands: Wetlands are protected by both the fed.ral and state governments. Buyer may wish to have the Property inspected for wetlands
by an environmental engin.er to determine if permits for plans to build, improve, or d.velop the property would be affected or deni.d
because of wetlands.
Lead: (For Properties built before 1978)
Lead Warping Statement: Every purchaser of any interest in residential ;eal property on which a residential dwelling was built
prior to 1978 is notifi.d that such property may present exposure to lead from lead-based paim that may place young children at ris!<
of developing lead poisoning. Lead poisooing .n young children may produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisolling also poses a particular ris!<
to pregnant women. Th. s.ller of any int.rest in residential real property is required to provide the buyer with ally illformatioo on
I.ad.based paint hazards from risk assessments Or inspections ill the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk ass.ssment Or inspection for possible lead.based paim hazards is recommended prior to purchase.
Lead Huard Ilisclosure llequirements; In accordance with the Residential Lead-Based Paint Hazard Reduction Act, any seller of
property built before 1978 must provide the buyer with an EP A-approved lead hazards information pamphlet titled Proteet Your
Family From Lead In Your Home and must disclose to the buyer and the Broker(s) 111. known presence of lead-basod paint and/or
lead-bas.d paint hazards in 0; on the property being sold, including the basis used for detennining tbat l.ad-based paim alldlor lead-
based paint hazards exist, the location of lead-based paillt andlor lead.based paint hazards, and the condition of painted surfaces.
Any seller of a pre-1978 stnJclure must also provide the buyer with any records or repotts available to the seller pertaining to
lead.based paint andlor lead-based paint hazards in Or about the property being sold, th. common areas, Or other residential
dwellings in multi-family housing. The Act further requires that before a buyer is obligatlld to purchase any housing constructed
prior to 1978, the seller will give the buy.r 10 days (unless buyer and seller agree in writing to another time petiod) to cOllduct a
risk assessment or inspection for the presence of l.ad-based paint andlor lead-based paint ha;zards. The opportunity to conduct a
risk assessment Or insp.ction may be waived by the buyer, in writing. Neither testing nOr abatement is r.quired of the seller.
Housing buHt in 1978 or later is not subjectlo the Act
Radon: Radon is a natural, radioa<tive gas that is pm<luced in ttle ground by the nomal decay of uranium and radium. Studies indicate
thai extended exposure to high lev.ls of radon gas can Increas. the risk of lung cancer. Radon can find its way into any air-space,
including basements and crawl spaces and can p.rmeate a Slt'ucture. The U.S. Environmental Protection Agency (EPA) advises corrective
acdon if/he annual average exposure to radon exceeds 0.02 worl<ing levels Or 4 picocuries/titer.lfa house has a radon problem, it usually
can be cured by increased ventilation andlor by pr.v.nting radon enlly. Any person who tests, mitigates, Or saf.guards a building for
[adon in Pennsylvania must b. certified by 1I1e Department of Environmen1ll1 ProteCtion. "'formation about radon and about certified
testing or mitigation fu-ms is available through DEP, Bureau of Radiation Protection, P.O. Box 2603, Harrisburg, PA 17120,
(800) 23RADON Or (717) 783-3594.
NOTICE I:
SEWAGE NOTICES
NOTICES PURSUANT TO THE PENNSYLVANIA SEW AGE FACILITIES ACT
THERE IS NO CURRENTLY EXISTING COlVllVlUNITY SEWAGE SYSTEM AVAILABLE FOR 1HE
SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall instal~
construct, r.quest bid proposals for construction, alter, repair Or occupy any building or structure for which an
individual sewage syslllm is to be installed, without fitst obtaining II pennlt. Buyer is advised by this nod,. that, before
signing this Agreement, Buy.r shOUld contact the 10<a1 agency charged with administering the Act to
detennin. the procedure and requirem.nts for oblaining a p.rmit for an individual sewage system. rh. local agency
charged with administering the Act will be tbe municipality where the Prop.rty is located Or that municipality working
cooperatively with others.
AlS-2K _ SUlndard Agreement For The Sale Of Real Es-tate. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIA nON OF REALTOR. 1988
Va,.;on e.Q2(M), R...!FA$Tqil SOflwOfO Publishing Inc., (c) 2000 Reg# PPAPAR222023. THOMAS S. MITIlOS.ABR.CRP. RElMAl< HOMEFINDER5
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NOTICE 2:
NOTICE 3:
NOTICE 4;
NOTICE 5:
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THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER tHE TEN-
ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE
FACILITIES ACT. (Section 7 provides that a permit may not be required befure installing, constructing, awBJding a
contmct for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot
is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted
and that, should tbe system malfunction, the owner of the Property or properties serviced by the system at the time of a
malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as
a ,,"suit
THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TllMPORARY) TO WHICH
SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE.
Pursuant to the Pennsylvania Sewage Facilities Act, SeUer mllSt provide a history of the annual cost of maintaining
the tank frOm the date of its installation or December 14, 1995, whichever is later.
AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. TIle regulations at 25 Pa. Code
F3.l3 pellaining to minimum horizontal isolation distances provide guidan~~. Subsection (b) of F3.13 states that the
minimum horizO/ltal isolation distance between an individual water supply or water supply system suction line and
treatment tanks shall be 50 feet Subsection (c) 973.13 states that the horizontal isolation distance between the
individual water supply or water supply system suction line and the perimeter of Ihe absorption sball be 100 teet
THIS LOT IS WITHIN AN ^REA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT
TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY Nor BEGIN
UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE
pENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
DEFINITION OF A PLANNED COMMUNITY
The Uniform Planned Community Act defines "planned community" as real estate with respect ro which a person, by virtue of ownership
of an lntet1lst in any portion of the real estats, is or may become obligated by i;ovenan~ easement or agreement imposed on the owner's
interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation
of any part of the real estate other than lhe ponion or interest owned solely by the person. The term excludes a cooperative and a
condominium, but a cooperative or condominium may be pall of a planned community. For the purposes of this defroition, "ownership"
includes holding a leasehold intet1lst of more than 20 years, including renewal options, in real estate. The term includes non-residential
campground communities.
Exemptions from the Uniform Planned Community Act- When a Certif'lCate of Resale Is Not Required
The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the
following circumstances:
A. Tbe Planned Community contains no more than 12 units, provided there is nO possibility of adding real estate or subdividing units
to increase the size of the planned community.
B. The planned Community is one in which all ofthe units are restricted exclusively to non-residential use, unless the declaration
provides that the resale provisions are nevertheless to be followed.
C, The Planned Community or units are located outside the Commonwealth of Pennsylvania.
D. The transfer of the unit is a gratuitous transfer.
E. The transfer of the unit is required by court order.
F. The transfer of the unit is by the government or a governmental agency.
G. The transfer of the unit is the result offoreclosure or in lieu of foreclosure,
Notices Regarding Public Offering Statements and Right to Rescission
If Seller is a Declsrant of lbe condominiUm or planned community, Seller (s required to furnish Buyer wilh a copy of the Public
Offering Sla1l!:ment and its amendments. For condominiums, lbe delivet)' of the Public Offering Statement must be made no later than
the date the buyer executes this Agreement Buyer may cancel this Agreement within 15 days after receiving the Public Offering
Sla1l!:ment and any amendments that materially and adversely affect Buyer. For planned communities, the Declarant must provide the
Buyer with a copy of tbe Public Offering Statement and its amendments no later than the date the Buyer executes this Agreement
Buyer may cancel this Agreement within 7 days after receiving the Public Oftering Statement and any amendments that materially and
adversely affect Buyer.
TlME lS OF THE ESSENCE
A1S-2K - Standard Agreement For Th.. Sa'.. Of ~eel Estate, 1/00 COPYRIGIiT PENNSYLVANIA ASSOCIATION OF REAL TORS4I> 1998
Ver&ion 8.02(5.5), R..'FAS~ Software Publl.hing Ino., (c) 2000 Reg# PPAPAR22292a, TliOMAS $, IIIITROS.ABR.CRP, REIMAX HOMEFINDERS
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AU dates and time limits set witbin this Agreement must be adhereCl,t& or this Agreement is breached. For the purposes of this
Agreement, number of days will be counted from the date of execution by excluding the day on which this Agreement was executed
and by including the last day of the time period. The date of execution is the date when Buyer and Seller have indicated
full acceptance of this Agreement by signing and/or initialing it.
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in
writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement ofsale, an addendum
to an agreement ofsaJ., or through a separate written agreement.
2. Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate
Mediation DRS Transmittal Form (Transmittal Fonn) to the local Association of REAL TORS@ (hereafter "Administrator"). The
Transmiu:al Form should be available through the Administrator's office, The initiating par1;y should try to include the following
infolIDation when sending the completed Transmirtall'orm to the Administrator:
a. A copy of the written agreement to mediale if there is one, OR a request by the initiating party to bave the
Administrator contact the other parties In the dispute to invite them to join the mediation Plllce...
b. The names, addresses and telephone ournbers of the parties involved in the dispute, including the name of every
insurance company known to have received notice of the dispute or claim and tbe corresponding file or claim number.
c. A brief statement of the facts of the dispute and the damages or relief sought
3. Seleetion of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each par1;y to the
dispute a cOpy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to
review the li:lt of mediators, cross off the name of any mediator to whom the party objects, and return the list to the Administrator.
The Administrator will appoint the fJrst available mediator who is acceplable to all parties involved.
A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as m.diator to that
di:lpute, unless all parties are informed and give their written consent
4. Mediation Feu Mediation fees will be divided equally among the parties a,od will be paid before the mediation conference, The
parties will follow the payment terms contained in 1he mediator's fee schedule,
5. Time and Place of Mediation Conference Within ren days of being appointed to rhe dispute, 1he mediator will contact the parties
and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all
parties. The mediation conference should nOI be more than sixty days from the mediator's appointment to the dispute.
6. Conduct of Mediation Conference The parties attending 1he mediation conference will be expec1ed to:
I, Have the authority to enter into and sign a binding settlement to the dispute.
2. Produce all information required for the mediator to understand the issues ofthe dispute. The information may inClude
relevant written materials, as well as descriptions of witnesses and the content of their testimony, whether or not they
will be appearing at the mediation conference. Tbe mediator can require the parties to deliver written materisls and
infurmation before the date of the mediation conference,
The mediator presiding over the conference:
I. Will impanially conduct an orderly settlement negotiation.
2. Will help the parties define the mattelS in dispute and reach ~ mutually agreeable solution.
3, Will have nO authority to render an opinion, to bind the parties to his or her decision, or to force the parties to reach
a settlement
Formal rules of evidence wiD not apply to the mediation conference.
7. Representation by Coun$Cl Any party who intends to be accompanied to the mediation conference by legal counsel will notify the
mediator and the other parties of lbe intent at least ten days before the conference.
8. Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial Or other
proceeding. This includes. but is not Iimired to, any opinions or suggestions made by any party regarding a possible settlement;
any admissions made during the coulSe of the mediation; any proposals or opinions expressed by toe mediator; and any responses
given by any party to opinions, suggestions, or proposals.
AJS....2K", Standard Agreement For The s,,19 Of Real Estate, 1/OQ COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@ 1~~
Version 6.02(5.6), ReaIFAST<8l $ofl.lN:8re Publishing Inc., (c) 2000 Reg# PPAPAR222923, THOMAS S. MITROS.ASR.CRP. RElMAX HOMEFINDERS
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No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior. written consent of all parties and the mediator.
Records, reports, and other documents received or prepared by the mediator or Adminjgtmtor cannot be compelled by an arbitration,
judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all
the parties,
Neilher the mediator nor the Administrator can be compelled to testify in any proceeding regarding information given or
representations made either in the cQurse of the mediatiQn or in any confidential communication.
9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and
all parties will sign the written agreement within ten days of the conclusion of the mediation conference. EvelY reasonable effurt
will be made to sign the written agreement at rhe end of the conference.
10. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION
OF REAL TORS@, THE PENNSYLVANIA ASSOCIATION OF REAL TORS@, NOR ANY OF ITS MEMBER BOARDS, SHALL
BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO
MEDIATION UNDER THESE RULES AND PROCEDURES, NOR SHALL ANY OF THEM SERVING UNDER THESE
PROCEDVRl3S BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION Willi ANY
SERVICE OR THE OPERATION OF TIlE HOME SELI-ERSlHOME BUYERS DISPUTE RESOLUTION SYSTEM.
AJS-2K. Standard Agreement For The Sale Qf Real Estate. 1/00 COPYRIGHT PENNSYLVAN1A ASSOCIATION Or: R.EAlTORSS 1998
Ven;ion 6.02(5.5), ReaIFA$f@Software Publishing Inc.. (c) 2000 Reg# PPAPAR2229,23, THOMAS S. M1TROS,ABR,CRP, RElMAX HOMEFINDERS
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September 27,2001
SINCE 1888
3211 North Front Street
PD. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, P A 17011
Other Offices
Colonial Park
717-652-7020
Mechanicsburg
717-691-5577
Shippensburg
717-530-7515
Re: Thomas Mitros &
Thomas & Hellen Snyder
Dear Attorney Morgan:
As I am sure that you recall, the Snyders and Mr. Mitros had a contactto sell the piece ofreal estate
at 575 Newville Road in Newburg, Pennsylvania. Under that listing contract, Mr. Mitros is due
some commissions with respect to the sale of that property. I am writing to make formal demand
for such commission in the following amounts:
A.
$19,500 due to Mr. Mitros under Paragraph 7.A. of the listing contract for
supplying a buyer, willing to purchase the property fot a price accepted by the
Snyders.
B.
$21,000 due to Mr. Mitros under Paragraph 6.A. of the listing contract for the
actual sale of the property.
The total amount due to Mr. Mitros in connection with the sale of the Newburg property is
$40,500. Please advise the Snyders to make payment in that amount to Mr. Mitros not later than
October 31, 2001. Payment should be sent to this office.
If the Snyders wish to contest the validity of this debt, please contact me so that we may discuss
the issue.
".
i , " Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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James F. Carl
Edward E Knauss, lV*
Jered L Hock
Karl R Hildabrand'
Steven p, Miner
Oark DeVere
E Ralph Godfrey
Steven C. Courtnev
Francis J, Lafferty, Iv
David H. Martineau
Andrew W. Norfleet
Steven C. Skoff
Melissa L. Stickel
.. Board Certified in civil
trial law and advoco.cy
by tlu; National Board
" ;", David H. Martineau
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Thomas S. Mitros
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Document #: 217114.1
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
,-
VS
SNYDER J ROBERT ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SNYDER HELEN T
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 18th, 2001 , this office was in receipt of the
attached return from LANCASTER
_.
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/18/2001
METZGER WICKERSHAM
So answers:~/./~ . . // >
'r~~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this J.hi day Of,-)~,"VU-f~
~t JAA~' , ,
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
VS
SNYDER J ROBERT ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SNYDER J ROBERT
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 18th, 2001 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
18.00
9.00
10.00
64.06
.00
101.06
12/18/2001
METZGER WICKERSHAM
So answers: /...------- / ;.;';/ /__ /'
R. T:e=~//
Sheriff of Cumberland County
-
Sworn and subscribed to before me
day of ~
y
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SHERIFF'S OFFICE
J.,. 50 NORTH DUKE STREET, P,O, BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299.8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. pLAINTIFF/SI
" ';k-;s;\Jilil1"i!
"', "" ~.Jb~~~!:('W"Qlp
2, COURT NUMBER
01-6401 civil
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Thanas S, Mitros
3. DEFENDANT/SI
4 TYPE OF WRlT OR COMPLAINT'
Xi< Canplaint
J, Robert Snyder et al
SERVE {5' NAME OF INDIVIOUAL, COMPANY, CORPORATION, EK, TO BE SERVED,
IIIlIIIIll.. J, Robert Snyder
.. 6. ADDRESS (Street or RFD, Apartment No., City, Bore, Twp., State and ZIP Code)
AT 608 Hearthstone Lane Mount Joy. PA 17552
7, INDICATE UNUSUAL SERVICE: Xl DEPUTIZE 0 OTHER Cumberland
Now, Nov 14 2001, I, SHERIFF OF I R COUNTY, PA., dO_b eputize the Sh
Lancaster CountylO execute this W ' ~eturn tlulreo
to law. This -deputation being made at the request and risk of the plaintiff, ~
S~E~\lFFOF~C 'J'1
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, Cum er an
l"i
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NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, withoulliabilityon
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
CUMBERLAND COUNTY SHERIFF 717-240-6390 11/9/01
12. SEND NOtiCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFFS OFFICE
1 COURTHOUSE SQUARE
r;~:',~f~~;~';:f~~;',';H~~~Bt'QWiEbll!la.l~1 ,....~: .. ;'i'~QGU.$;ir,
13.10.cknowledge receipt of the writ t NAME of Authorized LeSO Deputy or Clerk
orcomplainta.indlcaledabove, f ANNETTE WALTON 717-295-3609
16. Il1erebyCERTIFY and RETURN thatl 0 have personally served, 0 halle legal evidence of service as shown in "Remarks", 0 ha~,e executed as shown in
~Remarks". the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the' dividual, company, cor-
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc.
18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19.
No Service
See Remarks Below (No. 30)
21. Date of Service 22.
Time
AM
PM
EST
EOST
20. Address of where served (complete only if different than shown above) (Street orRFO, Apartment No.. City, Boro, Twp.
Slate and Zip Code)
23, ATTEMPTS
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31. AFFIRMED and sub ribed to before me this
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of5 eriff
prothonotary/O
MY COMMISSION EXPIRES
SH RIFF OF
1. WI-UTE. Issuing Authority 2. PINK. Attorney 3. CANARY - Sheriff's Office 4. BLUE. Sheriff's Office
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50 NORTH DIIKE ,TIIEET, 1',0, E'O (I '3480, LANCASTER, PE~INSYLV, INIA 1 '808-3180 . (71 'J 299-8200
I~-~ PLEASE TYPS'
L_ DQNOTDET Aj:H AfiJViC~Il'le:$'.
2, COURT NUMBER :' ~;!;;...
Ol-E401 ('hrJ.l
4. TYPE OF WRIT OR COMPLAINT
'i~xtxiJ 2f t}f, :'c [1"11: J .ai.n t
JV Lr:,:,c)f.
,J" Robert S 'lyd ~1' et ( 1
SERVE {5' NAME OF INDIVIDUAL, COMPANY" CORPORATION, ETC" TO BE SERVED,
IIIIIirl.. J, li~,be:\ Sn!cer
~ ,6. A~D~ES"S (51"ree,' or AFD. ,APa~ment NO,"', City" Bore., Twp., S~at,e an~;~ ,~Ode)
AT 60H "1ea':,'lnst':JIE Lane i:JUllflt lOY, .t"A',17J_t:.
7. .INDICATE UNUSUAL SERVICE:}P OEPUTIZE 0 OTHER I ;unib. :rland
Now, Nov 14 . 20( j , I, SHERIFF OF -l:;4trtr 0 ---"I COUNTY, PA" do h.!lfyb,.Y~utize the S~~
Lanc~ster . C~unty to exec~t~ thiS Wnt 'ffi~~~Of ~
to I~w This deputation being made at the request and fisk of the plaintiff, '"'"
""" . SHERIFF Of l COUN1)
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATIO,N THAT WILL ASSIST IN EXPEDITING SERVICE: C mberl1 nd
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SHE:iIFF fERVICE
PROCESS RECEIPT and "IFFI[JAVIT Dc: REo.URN
1. PLAINTIFF/SI
3. DEFENDANT/SI
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NOT~ aNt Y APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WA1:<::HMAN'- Any deputy sheriff lev)jA~f upon .or attaching 8"Y property under
'. within writ-may ,leave same without a watchman, in custOdy of whomever is found in possession, after notifyingpefson of levy .or attachment, without liability on
'1he part of such deputy ,or the sheriff to any plaintiff herein far any loss, destructiol), .or removal Of 8"!)le..s(iCA property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY .or ather ORIGINATOR ja.'TELEPHONE NUMBER 1 t. DATE
CUMBERLAND COWTY SHERIFlr 717--:/.40-6390 11/9/01
12. SEND NOTICE OF SERVICE COPY TO NAME AND AD-DRESS BELOW: (This area must be completed if notice is t.o be rnalled)
CUMBERI,AND CO SHERI!'FS OFFICE
, COURTHOUSE
Cr:l?ljlal.~,~"" ,~~
13.1 acknowledge receiptof the writ l
or complaintas indicated above. r
SQUARE .. . . ... . .. '.. . .... .... . .
..17,~Cli;.i;QW.~'~?Q'Ii::$HJtliOnl::.ONI;.Y..~&J!li~~!9lRt1r:E;iii~:tttlS;UN6..
NAME of Authorized LeSO Deputy 9rCI.ar:l< 14. Date Received 15. Expiration/Hearing dale
ANNETTl, ~!,r"TON 71)-'.?95-360~ 11/15/01 .12'/'12/01
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16. t hereby CERTIFY and RETURN that I 0 have personally'se~-~d, 0 have leg~1 evidence of service as shown in "Remarks", 0 l:1,ave exeCuted as,s"hown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or"orrthe"in9iv-td"ual, COrnp~r'Iy, cor-
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COpy thereof. ". ' , .f < ,.
17 0 t hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., amed above. (See remarks below)
18 Name and title of individual served (if not shown, above) (Relationship to Defendant) 19.
J / :,f .-.'" ;.' ,;', ,'.-"
No Service
See RemEU'ks Below (No. 30)
21. Date of Service 22.
Time
AM
PM
EST
EOST
20, Addres.s q~whefe served (complete only if different than shown above) (Street orRFD,Apartment No_, City, Bora, Twp.
Slate <<nd,,'zlp Code) ,- ,/' '
n Arr"MP~S
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31. AFFIRMED artd sub:scribed to before me this,:'
". '7:).,-",/.; :~
34. day of ' '.~
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'~-fothor\otary/D~.Y1Yl~f
MY COMMISSION ,EXPl'RE.'S"" "',, .', . '.
1> WHITE - Issuing Authority 2. PINK * Att,D~iley 3. CANARY * She.riffs Offi<?e 4. BLUE * Sheriff's Office
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SHERIFF'S OFFICE
2 of 2
50 NORTH DUKE STREET, P,O, BOX 83480, LANCASTER, PENNSYLVANIA 17608.3480 . (717) 299-8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
PLA!NTIFF/S/
DC);
4. TYPE OF WRIT OR COMPLAINT:
Notice and Canplaint
Thcmas S, Mi tros
3 DEFENDANT/S/
SERVE {
..... Helen T, Snyder
..". 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp" State and ZIP Code)
AT 608 Hearthstone Lane Mount Joy. PA 17552
7, INDICATE UNUSUAL SERVICilrn:J DEPUTIZE 0 OTHER Cllmb..rl nnd
Now. NrnT 14 . fe ---1lL , I, SHERIFF OF I!;j1frJ6~~, ~Fl COUNTY., P.A" d~.O..~.~. .c.. .Y. .d.e. p. utiz..e th..eeA..,l;j,e. riff Df
, Lancas er C~unty tD execute this~n_d'11ra:Kn"'tyrJ1,th~reO"f:~,?:Qrjjjn9
tD law. This deputatlDn beID9 made at the request and risk of the plaintif!' f .: '.,,' . '. .." ",,,,/ ./", -."
SHERIFF OF E i !Tin COUNTY
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
J, Robert Snyder et al
5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.,
TO BE SERVED.
o
~
>'I
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching al1Y property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof.
9, SIGNATURE of ATTORNEY or other ORIGINATOR 10, TELEPHONE NUMBER 1 L DATE
CUMBERLAND COUNTY SHERIFF 717-240-6390
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
CUMBERLAND CO SHERIFFS OFFICE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
',;';: '." ....;.; : ir': ...:Sll~Ul;:ElE~~~GR1US~~.l$K&RlI7f.:afi(t\it ';"DQ:~'I'i Wf:llT
NAME of Authorized LCSO Deputy or Clerk
13.1 ad<.nowledge receipt of the writ I
or complaint as indicated above.
ANNETTE WALTON 717-2 5-
81iL~Ws,"lsiUN& "
14. Date Received 15. Expiration/Hearing date
16. I hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have e~ecuted as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., attheaddress shown above or on the individual, company, cor-
por@tion, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.01 hereby certify and return a NOT FOUND because \ am unable to locate the individual. company, corporation, etc.,
18. Narne and title of individual served (if not shown above) (Relationship to Defendant) 19.
o Service
See Remarks Below (No. 30)
21. Date of Service 22.
Time
AM
PM
EST
EDST
ad above. {See remarks belOW}
20. Address of where served (complete only if different than shown above) (Stieet orRFD, Apartment No., City, Bora, Twp.
State and Zip Code)
23, AT1"EMPTS
Miles
-
Dep.lnt.
..24. Advance Costs
R-
30,
S,TA:
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&P'Par t<At.5 ,M?r ~.
34. day of
1--/. L
~~p~~:rW{e of
35. Signature of Sherill
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31. AFF'lRMEO and s
37,
f'rothonotarW
SHERIFF OF LANCASTER COUNTY
MY COMMISSION EXPIRES
,. WHilE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE. Sheriff's Office
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SHERTFF~-S OFFICE
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50 NORTH DUKE STREET, P,O, BOX'g34~b\:t}cNCASTER, PENNSYLVANIA'17608-3480 . (717) 299-8200
SHERIFF SE",VICE . "~;. .' 'pGEASEType
PROCESS RECEIPT, and AFFIDA.YIT OF RETURN, . ". .eGN(l)'l";O~~AeMA"'~eOprES. ~
1. PLAINTIFF/SI 2 COURT NUMBEA
Thffilas S.. Mitros 01-6401 civil
4 TYPE OF wRIT OR COMPLAINT
Notice and CC'fnpJaint'
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3. DEPENDANT/SI
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SERVE {
.... Helen T, Snyder
.. 6, ADDRE~~,::~:~eet or RFO, Apartment No.. City, Boro. Twp.. State and ZIP Code)
AT ' 60W'Hearthstane Lane Mount Joy, PA 175:;2
7. INDICATE UNUSUAL SER'itICfK}(p DEPUTIZE 0 OTHER tlmht:l":'r:'!nrl
Now, "',," 14 '. '.. 2.9, 01 . I, SHERIFF OF liatl'i9'.8TiiR COUNTY, PA., d~eb eputize the Sher.iff of
". LancasLer County to execute this return thereof ing
to law. This deputl!tion being made. atthelequest and risk of the plaintiff, .
'" ' SHEfllrFOF
8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
J, Robert Snyder et al
5. NAME>,QF INDIVIDUAL, COMPANY, CORPORATION, ETC.,
h
,;'
TO BE SERVED,
;~
Cumberland
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on
the part of suo/1 deputy or the sheriff to any, plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereot.
9, SIGNATURE 01 ATTORNEY or other ORIGINATOR 10, TELEPHONE NUMBER 11, DATE
CUMBERLAND COUNTY SHERIFF
12. S,END NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed)
11
CUMBERLAND CO SHERIFFS OFFICE
1 COURTHOUSE SQUARE
CARLISLE, FA 17013
:Sf!,;ei;:e~t.OW:FQa'O$laOj:SKERIF:FiO~!l.Y:+ 0080'1' WRITIS BEliQW i:MISI.iINE
NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15.
13. t acknowledge receipt of the writ I
orc:omplaintas in~icated above.
Expiration/Hearing date
N
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'1 ").~ ")
16. I h@rebyCERTIFYandRETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in
"R~marks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or an the individual, company, cor-
poration, etc., at the addressjnserled below by handing, a TRUE and ATTESTED COPY thereof.
17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., n,.a-med above. (See remarks below)
18. Name and title of individual served (if,flot shown above) (Relationship to Defendant) 19. ~ Service
See fl.eme.OO3 Below (No. 30)
20. Address of where served fcomplete only if different than shown abov~t(Street orRFD,Apartment No., City, Boro, Twp.
State and Zip Code) >',
21. Date of Service 22 Time
AM
PM
EST
Eo5T
23, A 1"I'EMPTS
VN~~\\'~I\f<&l!l~':Al'lr ,:-1,<4;> "',:;:, , J?$Pt"A::s::T rmr.. ,r/JPIZ'.ff.s.5 ';'{.~.!.#4f)'t91t/
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24. Adl/ance Costs
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31. AFFIRMED and j:~~sc~b~,d"fO before me this
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SO ANSWER.
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35. Signature of Sheriff
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33, Date
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36, Dale
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MY COMMISSION EXPIRES ";"" . ~;,..- ---- ,,::,~-~_.....-
1. WHITE - Issuing Authority 2. PINK - Attorney 3. ~ANARY - Sheriff's Office
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SHERIFF OF LANCASTER COUNTY
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
: NO. O/-(g,-!O I
Defendants : JURY TRIAL DEMANDED
NOTICE
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
TRUE COPVFROM
In r_.IurtyWllenlut , ~
~n~ the .. of said Coo'::, UIItlll8t my hall'::
I III day Cartisle..
Documenl#: 215527.1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
NOTICIA
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0
cualquier otra rec1amacion or remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VAYA A LA SIGUlENTE OFlCINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717)249-3166
(800) 990-9108
Document #: 215527.1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support
thereof, avers as follows:
1. Plaintiff, Thomas S. Mitros, is a adult individual having his primary residence at
207 North Prince Street, Shippensburg, Cumberland County, Pennsylvania.
2. Plaintiff is a real estate agent, licensed by the Commonwealth of Pennsylvania, and
is the sole broker I proprietor of Re/Max Homefmders, 115 East King Street, Shippensburg,
Cumberland County, Pennsylvania, 17257.
3. Defendant J. Robert Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
4. Defendant Helen T. Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
5. On or about Apri14, 2000, Plaintiff and Defendants entered into a written
Listing Contract by which, the parties agreed that Plaintiff would fmd a buyer for the
Document #: 202007,1
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Defendants' home at 575 Newville Road, Newburg, Cumberland County, Pennsylvania
(hereafter, the "Property"). A true and correct copy of the Listing Agreement is attached
hereto, incorporated herein and marked as Exhibit" A".
6. The Listing Contract is a contract, binding upon both parties.
7. The Listing Contract provides that Plaintiff shall have the sole right to sell the
Property between Apri14, 2000 and May 4, 2001.
8. Under the Listing Contract, Defendants agreed to pay Plaintiff a commission of six
percent (6 %) of the sale price of the home under each of the following conditions:
a. If the Property, or any ownership interest in it, is sold or exchanged during
the length or term of the Listing Contract by Plaintiff, Plaintiff's agent, Defendant, or any
other person or broker at three hundred fifty thousand dollars ($350,000) or any price
accepted by Plaintiff. (Listing Contract - Paragraph 6.A.)
b. Negotiations pending at the time of the end of the contract result in the sale
of the Property. (Listing Contract - Paragraph 6.B.)
c. Defendants sell the Property within 180 days of the end of the contract to a
buyer that has been shown or negotiated to purchase the Property during the time of the
Listing contract. (Listing Contract - Paragraph 6. C.)
d. Plaintiff fmds a willing buyer for the Property at three hundred fifty
thousand dollars ($350,000) or a price that is accepted by Defendants but the sale does not
occur. (Listing Contract - Paragraph 7 .A.)
Document #17321 I
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9. The Listing Contract defines a "willing buyer" as "one who will pay the listed
price or more for the property, or one who has submitted an offer accepted by seller."
10. On or about June 6,2000, Defendants entered into a Standard Agreement for the
Sale of Real Estate (hereafter, the "Sale Agreement") with Anthony J. Buzzelli and
Marta M. Buzzelli (hereafter, the "First Buyers"), willing buyers found by Plaintiff. A true and
correct copy of the Sale Agreement is attached hereto, incorporated herein and marked as
Exhibit "B".
11. Under the Sale Agreement, the Fist Buyers offered and the Defendants,accepted
the offer to buy the Property for the price of three hundred twenty five thousand and 00/100
dollars ($325,000.00).
12. The First Buyers constitute "willing buyers" under the Listing Contract.
13. Upon acceptance of the First Buyers' offer, Defendant became obligated to pay a
commission in the amount of nineteen thousand five hundred and OO{100 dollars ($19,500.00) to
Plaintiff under Paragraph 7.A. of the Listing Contract.
14. After the Sale Agreement was entered into, but before closing could occur,
Defendants negotiated to sell the Property to Community Refuse Services, Inc., a corporation,
formed under the laws of the Commonwealth of Pennsylvania, and having its registered address at
100 Oregon Street, Mechanicsburg, Franklin County, Pennsylvania (hereafter, "Community
Refuse").
15. On or about September 15, 2000, Defendants sold the Property to Community
Refuse for the sale price of three hundred fifty thousand and OO{I00 dollars ($350,000.00).
Document #173211
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16. The sale of the Property to Community Refuse was in violation of the Sale
Agreement.
17. Upon the sale of the property to Community Refuse, Defendants became obligated
to pay a commission in the amount oftwenty one thousand and 00/100 dollars ($21,000.00) to
Plaintiff under Paragraph 6.A. of the Listing Contract.
18. The commission Plaintiff and Defendants agreed to for the sale of the services
rendered by Plaintiff and on behalf of Defendants is a fair and reasonable commission for the
services rendered by Plaintiff, and was the commission that Defendants agreed to pay.
19. Defendants accepted the services provided by Plaintiff pursuant to the terms and
conditions of the Listing Contract.
20. Plaintiff, by and through his attorney, has provided to Defendants, by and
through their attorney, a statement of the account accurately showing all commissions owed by
Defendants, which included statements of how each commission arose. A true and correct
copy of the most recent statement of account is attached hereto, incorporated herein and
marked as Exhibit "C".
21. Despite Plaintiff's reasonable demand for payment, Defendants have failed,
refused and continue to refuse to pay all sums due and owing to Plaintiff, all to the detriment
of Plaintiff.
22. Plaintiff has performed any and all conditions precedent to the bringing of this
action.
Document #173211
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COUNT I
WRITTEN CONTRACT
23. Paragraphs 1-22 above are incorporated by reference.
24. Defendants have accepted the services provided by Plaintiff pursuant to the
tenns and conditions of the Listing Agreement.
25. Despite Plaintiff's reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay all sums due and owing on Defendants'
account balance, all to the damage of Plaintiff.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and
Helen T. Snyder, in the amount of forty thousand five hundred and 00/100 Dollars
($40,500.00), interest on that amount, the costs of this action and such other relief as the Court
deems just and proper.
COUNT II
OUANTUM MERUIT
26. Paragraphs 1-25 above are incorporated by reference.
27. The aforesaid amount of forty thousand five hundred and 00/100 Dollars
($40,500.00) is the fair and reasonable value of the listing services Defendants by Plaintiff.
28. Despite Plaintiff's reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay the fair and reasonable value of the services
provided to Defendants plus any accrued interest, all to the detriment of Plaintiff.
Document #173211
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WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
COUNT III
UNJUST ENRICHMENT
29. Paragraphs 1-28 above are incorporated by reference.
30. Defendants would be unjustly enriched if they were permitted to benefit from the
services provided by Plaintiff without paying the commissions owed to him.
31. The aforesaid listing services provided by Plaintiff and accepted by Defendants
have enriched Defendant.
32. Said enrichment would be unjust if Defendants were not required to pay the
commissions owed to Plaintiff, and said Defendants accordingly are obligated to Plaintiff for said
amount.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
Document #173211
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Date: AJ,,,,,,,.,J..r
Document #173211
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METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
}7--7#'::-/
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which we have
furnishedto counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behalf in this matter. The language of the Complaint is that of counsel and
not my own. I have read the Complaint, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information, and
belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such
counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid
Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
falsification to authorities.
~ce
. omas S. Mitros
~
Date: / ;/~ft I
Doc:ument #173211
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. RE/MAX HOMEFINDERS
PAGE 21.
LISTING CONTRACT
nw. EJj::CLUSIVE BIGHT TO SJ;:LL REAL PROPERTY XLS
~ rGQOIDD1eaded 8Ud ~ for" bur,QOlI: rc&trlctsd to ..,c bY. the .lDCm.be:rs of'tbc PCDIU)'lvaor.. Assodadoo of RBALTORSlil (PAll)
~OKER. (CG_) "."..,..,. "nm_f'.n"'Q~R
[CEN~ ~ot'IYI!""...!Q M';"'~p'"
~
.j Bobert Snyder
ge~en T SnYde:r
PROPERTY
Address' 11;7<:;: 'Pir_'SOrU'';' 1_ 1l.....::or'l lIil_"-'"h.......g
M1micipa.tity(city, borotJgb" to'Wllship) An.-rw:o......_l1 '1"n_T"Ah-ip
County t"'J'!'h'I............, "'....ri School District
Z<n/ng and l'l:esem Use
lden~~'g~q~or_~p~ Wtidentifi~--:.~~ce~~;1.:_~~'~~~?"6. .\'t~: ~~
srAltTlNG ~ ENDING n"'-Tl!:S OF LI$TlNG CONTRACI" (also <:aU<>:l "Tenn")
A. No Association oCREAL'I'ORS ,,",s set or reoommeoded the tenn oCthis contract. By law, the length c< term oCa listing """"'_
may not lOlCceed one year. Sell... '!Dd _er have di""',_ and agreed upon the length "" teJm of this """tract.
B. _gDat", This Conttact stvts when signed by Seller and Broker, unless otherw;se stated he<e:
C. EIldi:Dg Date: This Contract ends on "* A-v ~,.::z. nO J .
LISTED lP'RICli; 5 .;1>6'""";" ill 6
.$ H l.....-,-~<Cg'c.-.
PVlU'OSE OF 'IHll!I CONTRACT
Sell..... Is hiting Broke.r to market Pr,~ eriy _d ,.... find .. buyer. Seller Will reter all otrers and inquiries to Broker. Sell... allows
Bro1.<<tr to """ print andfOl' el_;c advertising. Brol<...ls acting as Seller Agent. as desen'bed in the Consumer Notice.
BROXEll'S FJEJ;:
No Assocladon of REAL TORS has set or r""",-ended !:he Brok<>r's Fee. Seller and Broker have negotiated the file that Sell....
will pay Broker. The Broker's Fee is ~ ~ oll'from the sale price and paid by Seller.
COOPEltA'I'101"f wrrH OTHER..DR.O~
Lleeosee has ""Pl'Ii"-ed Broker's """'~ poliei:es about cooperating with other brokers. Seller and Broker __ that Broker wl11
pay _ Broke('s Fee;' _
A. A. _ to lUlOther tn-......r _0 repraenlll the. Seller (SUBAGENT).
o No S YesJi Y..., ""!-0<1Dt: 3 .,17from tho sale price.
B. A lee ... _ot...,.. b_ who rep.......lIl. a ....yer QJVVEJl'S AGEN'I). A B""e,.,s Ageat, __ i1' compeIllI8to!d by lk:'....r
... SeDer, wiD ~Dt'the bafe__ or..... ....y....- S
U No 181 Yes lfy..... ~oont: ofrfrOd1 the sale price. '
C_ A.tee io .aatJ.e~bl'Okcr who does ...ot repr-e!leat" eltbe.. the SeDer or a hu.yer (TRA1."'(S"CI'IOl'i LICENSEE).
U No J:!iI Yes ICy..... am"""!; :3 olJ'frOll\ the safe price.
PAYMENT OF _OKEll.'S l"EE
A. Seller wiI1 poy Dr......... Fee i1'Propert3'. ... _ .............ip lDterest I.. It, Is sold ... aeha"lled during lbe -..u. or _
ofthls CoairaCtbyJl_. Bro_. __ Se1lell".... by....,. _er {JaS- ... broker.attIle_l'rieeoranYl'rieea_ptable
to Seller.
J!_ Seller will pay Broker's Foe ifnegotian""" that are pending at the Ending Date of this Contract result in a sale.
C. Seller will pay Bn>ker's Fee atl:er the Ending Date of this Contract 1l':
(1) A sale oeeurs within 1 ao . da;ys oCthe Ending o..t... AND
(2) The buyer '"""' shown or negotiated to buy the Property during the tenn 0._ eonlraet.
Sellerwlll _Gi" owe )b-(llk,er". Fee if the P'nJipe:rV is u.flled _der a.. "e:R:JD:IIIive ..igbt to &en iCOIltraet" wUh aoother
ll<o19or at the tin1e of1hesale.
ROIP!:R.'S FEE ][I" SALE DOES NOT OCCUR.
A. Saller wID pay Bl'_r'. Ji'eell'. .....<!y. wjIIlDg, and abto> b""er is tbaad by lI_ or by aayoae. Includbag Sell.....
A wiUlng ~ is one .mo wil1 pay theUsted price or more fur the PI">""l,-. or Dl)e w\,o has submitted an 0_ seeepted by Sell.....
B.lfthe Property or any part ofit is tsken by any goveo>ment fa: public use (Eminent Doauiin), Seller will pay Brdeel'
ol7from any m01lley paid by the government.
C. U a bU)I...- sigQs ""- agreement of" sal" then refuses to buy the Pr~, or If a bU)I...- is unabl" to buy it beeaUlle oC fIolling to do
at! the things required of the bU)I...- in the _eement of"saIe, Seller WlU pay Brdeel',
(1) ~n.. o17from buyea-'sdeposlt m""ies,. OR
(2) the lIro_. Fee in J?a.-agxaph 4, whichever is less.
U,.u. AG:ENCY .
Seller agreeS that Broker may also represent the buyer(s) of the PrOpex1;y. Broker is a DUAL AGENT when representing both
Sener" aad the bD)o>or In. the sale of a prop<<ty.
DesIgDa_ Ageaey
Cl Nut Applicable.
181 App......W-' Broker, as the Dual Agent,. may desi~ I;~-,.. to rep.......t the sep..- tn.ter-.. of Seller 1Ind the bD)o>or.
Liemsee (ldootltlfied above) Is the Designated Agent. vto\1.o willa<:! exclusively as the Seller Agent. IfProj>ert;y is introduced
to the buyer by a Iieenseo In the Camp",,>, _0 is not representing the buyer, then that lieell$CC is aulhorized to work on
behalf ofSetkor. UU-.see is alao the B_ Agent, then Liceuaee is a DUAL AGENT.
ROJOQl.'S SERVICES TO BtnI'ER.
Broker may provide SCCYic:es to a buyer fur .mid> Brol<er may """"1'< a tee. Such servieeo may include, _ ...... not 1Imlted to.
deed(docuD1eat ............lion; ordering certifieatlons required for closing; finaneia1 ~ titI" __ and prepa<ation servic:es;
....dering insuran<lC. <XmStruetlon, repair, or inspectioo services. Broker will disclose to Seller if"any files ar" to be paid byBuy<<.
C0IQftICt.11,.. oPennsyJVania As$cK:idon of REAL TORS81998
6.02(8.8). ReeIF.AS11l>> Software Publishing Inc.. (c) 2000 ROl.1'I PPAP~. THOMAS S. MITROS,ABR.CRP. RE/WU( HOMEFINDERS
O4J04IOO 0&..46:17
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, OTHER PROPERTIES
Setler agNeS - :Brok..- may list othe.: properties fin- sale and _ :Broker may show other """"",i"" to prospecti"" ~.
, C:O~CJ: OF INTEREST
1'- co'lf1fct cifhtrerear is when Broker or: Licensee has a l'blancial or J'CI'SOlUll interest where :Broker or Liceasee CIWlot Seller's
~~= any other. Iflbe :Broker, or: any of:Brolker's salespeople, bas" c<l71fl.c, <if_es, , llr<>k... wiIJ. notifY S..!.:: in a
, SE'l'rL2ME:NT AND POSS:ESSION
A. PreMrecl Settl_ Date:
a. SeU.... will ghIe po.ssesoion of the Proponyto &>Yer at settlement or: on
C, (1) tfthe Property, or any pan of!.. is ~ted. Se~... will give any leases to Broker _ signing this C~_.
(2) If any leases "'" <><aI, Seller Will p<ov,de a written S""""axy of the tenus including amount ofren.. _ding date and
1'_s respoosibilities. ' .
(3) Sett..-wilJ. net entel'into or: <_ any lease during Ibe t........ of1hi. Cmtr3ct ~ as follows:
. TITLE
A. At """'-en.. Setler will gi_ full rights of .......ersbip (tee simple) to a buyet except as fOllOW$'
(1) :Mineral Rights ~ents . .
(2)Otb.er
J3. ScY~.::o
No Mortgage wilb
A~
Acct. #
D y.... D No Equity loan with
Add<....
Acct. # . AJ:ooUrtt of balance S
D No Se1Ier authorizes l3<ok..- to .-...:eive mortgq:e payoff andI.... equity lean payoff inibnn_ frotn the !ende,:.
D No P_ Dde 'lax.... AmodDt owed S
D No Judgm...ts Amount $
Type
D No MUGioipal. Asseosro.ents Amount S
D No Otb....
Amount $
C. tfSell..., at BrlrytDneonOl" sinceJanuary 1, 1998, has _ abUg,nedtopa;ysupport under an ordecthatlson <ecotd inll.1:lYPeonsy)vanla
county, list the county and the Dou1estic Relations Number-.... Docket Number:
Phone
Amount of balance S
Pbone
Dyes
Dyes
Dy""
CJyes
Dyeo
, MOLTIPUl: LlS';J:[NG SERVICE (MI.!>) (Complete iflJroker is a member ofan MLS)
lEI Broke< will use a Multiple ListiQg Service to adveriis.. tho Property to OI:her real. """bo salespetSOns, who can teU th..ir clients
arul CIJSfo!nOl'S about It. Sel1e<~ thattheMLs, lbe&o1<...., arul Liceosoear.. IWtr_onsible fut mJ.taI<... in Ib..MLS description
oflh..1'r"I"""Y,
o BI'Okot will not use a Multipl.. Listing Se>Vice to advenise Ib.. Property to _ real. estate sal~
. POBLtCA1'ION OF s.u.E FRICE
A. Se11<< is ..ware ~ ~ may 1>UI>l\sh the _1...10 price after oettlem.ent-
B. Seller w1ll allowpubl\shinS of the Safe price after Sell..- accepts an A_ent of Sale.
IlliI Yes 0 No
SlQNS '" KEYS Sell... allows (whon:o peapitled):
IlliI Ves D No Sale Sign U Yes 0 No Sold Sign
Dves 0 NoKeyinOflice Dyes 0 NoLockBox
OYes 0 No
n1l:M5INCLVDEP IN 'l'BE I'lUCE OF THE PROPERTY
A. IDcluded in the...ue _d p....-e pI'ice are all ,,",istlng item. perm_tly Installed in the Ptopetty, Ii'ee of liens, including plumbing;
hoating; llghting~ (Including <:handetiet6_ ceiling limo); _tetlr..._ent "3'Otems; pool and_ equlpnent;&"""l!." dootopeneJ:$
and ~mitters; television _as; shrubbery, 1>_85> and unpotted U...... lUl;Y .....,.;"lng b.oa~ and coddD.g ibeIs stored on
the Pr<lpaty '!t the....... of sent__ _1 u> wall COU'J>'!Iing; co_g hardware,. shades, and blindo; built-in air """diti",,~
bulJMn ~ and the nag"-"""'" Also included:
B. See ~ed oh.r fut additi_1 item:o inclucle<l inlbe sal...
n1cMs NOTtNCLtlD~ tN THE PlUCE OF THE PllOPER'l'Y
The fullowing. items 8<0 not Included in the purchase and pI'ice oflbe Property.
A. ~L .'.Jr~~..~A~~~
B. 1tll!!1S roa<ed by tho S..ll....
C. D See -.bed sheet fut _al ilelDs nol included in the sale.
SELLER WILL REVEAL DEn:CI'S ANDlOll :ENVnlON1lU:l'l'l'AL EAZtUUJS
A. 5elIer (lncludingSeUerscxempt ltoJn the RealJi!...... seller'sDlselasureAct)Wll1 disclose alll<l1ownmaterlalde_lIIl4et>vitOmn....ta1
h-aa en.. ........--dis<:l...urestatem-..Am~l_ls" ptOblem or condition that:
(1) Is a _ibte danger to Iboa..living on the Propetty, or .
(2)!Las.. sigIlifU;ant MVerse effect on tho ,..I....ofth..l'>~.
a. JfSeller t;dls to tell oflmovm ma1mial_ and/<< environmental hazatds,
(I) SeUor will D<lt hold Broker or Li_ _lble in anyway,
(2) Seller wiIJ. protea Sroker and Li~ frotn .....y claim... Iawsuito, and actiODS - rcsuIt;
(3) Sen.... will pa;y all of BroI<e<'s and Licenseo'.. """'" that result. This h>.cludes attQmClY!l' feca and court_deteel pa~_ 0<
CodtnIct,,11/H 0P:ams~ \S8 '.t!nofA,1!ALTORS819QS
8,0:2<5.6). RealFA$"1"8 Scftwatd Publll!IhIrtg inc., (c) 2000 R.egAI PPA,PAA222923. THOMAS S. MfTROS.ABR.CfilP. REIMAX HOMEFlNDERS
04I04J00 M:46:11
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- sClltleO:._ (mot)e)l Broker OT Licensee l'~ to end a lawsuit 0< claim).
I. JF P.ROl'EaTY WAS BlJILT BJ;:FORE llO78
The 1lesIck;ntia1 Lead,._ Paint,. JJa=d Redudion Act sa)'S that any Seller of JlI"Op<lrty bllJlt ~ 1973 ",Wit gi.... the Buyer.... El"A
pIUllphlettilled Protect Yoor Fanuh-fru,. 1....:1 In Yoor Home. "IheSeller also II1Wit teU the ~ and the Broker wbat the Sell.... knows
about Iead.~~t~ lead"ba_ paint h~rds _ ..... in or on. theproJ>Crt;y being SOld. Seller must tell the Buy..- how the Seller
kn.0WlIl that to:a-ed pamt and lead-based _ hazards are on the pl""I"'>1;y where the lead-based paint and lead-based paint hszards
are, tile <:onditlon of the painted .....-ftwes, ....d auy otll.... ~on Seller ~ about lead-based paintaud lead-based paint h_ds
on the P:~. Any Seller ot'a 1'!""1978 ~musta1sogJvetheljltver""yt'eC<X'ds .....dRpOrtS _ th.. S<>1l.... ha$<lI' Can g<otabout
lead-b8Sed J;l<lfut w lead-based paint bazards m or al"ClUQd the prcper1;y being sold, the COUIDlOll at","", ... <liber dweUh\gl; in mlOlti-llunlly
housil>g. According'" the Act, a Seller must gI,,,, a Buyer 10 d!<ys ~unl.... Seller and ~ _to a different J>eriod of time) :&-om
the time "" Agreement of Sale is signed to have a "risk asses__ .... inspection fur possible lead-based paint hamrds &one on the
pro~. Buy",", may ~e nat to haw the risk asses_ 0< lDst>ecti... fur lead paint """'ards &one. If Buyer choo... not to have
the as.....meat or insJk'Cti(lU, B~ "'WIt infunn the Seller in writing of the choice. The Act does not .-..quire the Seller to inspect wr
lead paint hazards or to correct lead paint ha2.lrds on the P........ ty. The Aot does not apply to hou..iug built in 1978 or !at.....
. DEl'OSlT MONEV
A. Broker, or .....y)>erSOD Seller and the buyer Dame in the Asreem.... of Sale. will keep all deposit momes paid by or fur the buyer
in.... es<:TOwaccount. Ifbdd by ~, this ""","ow _ will be held lI$ required by real _ licensing laws and ~egularlom.
Seller agrees that the petsotl \<.Oeping the d_it mentes may wait to deposit any unca....ed check that is reeei'VCld as deposit JXleney
nnti1 Seller has accepted an. 0_. '
B. IfSeU"" joins Broker or Licen...... in a 1a\OSUit fur the return of deposit menies. S<>lIer will ~ Broker'. and Li<<:noee's attorneys'
:feeSandcost$.
. RECOVbI,V l'1lND
P'eo,n,.yI'Ylmia has a Real Es_ Re<:over:y Fund (the FWld) to repay any person who bas rece;'",d a ,mal court ruling (civil judgment)
against a l'eon$,Ylvania. na1. eslate licensee because of &aud,. misrepresa:t.t&tioo... Ot" deceit in a real estaJ:c tta1JSac;:tion. The Fund repays
_'<lO' wbo have _ been able to coUect the jno1g.n...t after trying aIllawt'ul ways to do so. For COOlI'Iete detaUs shoot the Fuod, call
(717) "183-3658, or (800) 822-2113 (within Pennsyl....ni..) and (717) 783-4854 (outside PennsylV>mia).
'. TQANSF.E8. OF THIS CONTRACT
A. Broker will natiilY Seller imm_I:Y in writing if Broker IraJ>stilrs this Contract to lltlother Brok..- wh...:
(I) Broker stops doing basin...... OR
(2)- - ..new......l__....., OR
(3) Broker joins his busineos with anoth..... .
Seller agrees that Broker may tl'at1sfer th;. C<lD~ to another Broker. Broker will notify Seller immediately in writing when a
........ occurs or Brok..- will lose the right to trans..... this ~, S"U<>t' will1i>l1_ all requirementa of this Contra"" witll the
n_ btokco-.
B. Should Sell... gi"" or tnnsfer the l'roperty, or an ownership in_ in it, to anyone during the term of this Contract, all o_ers
wiIl1i>Uow the requUemedtS oCthis Con1r"ct.
, NOTICE TO PElIISO:N8 OPFEBlNG TO SEL;l. 011. RIlNl" aOUSING IN PE!<lNS'YLV~
Federal and ._Iaws make it i11ega!fur SeUer, Brdcer, or an}'One to uoe RACE. COLOR. REUGION or REUGIOUS CREED, SEX,
DlSABlLl'l'Y (p~1 or mental). FAMJUAL Sl"ATUS (children _ 18 ~rs ofage), AGE (40 ... Qldct'). NA'PONAL OlUGJN,
USE OR HAND~G OF SUPPORT OR GtJIDB AN1MA.LS, or the FAcr OF RELATIONSmP OR ASSOCIA"IlON
TO AN INDIVIDUAL KNOWN TO ~VJ; A OISAJaIUTY as retISQDS fur t<dUs1ng to.ell. show, or rent prq><rlies,loan ",oney,
or set deposit 8D1ountS. or as reasons fur 8I1Y "ecisi.... relating to the ...Ie ofproperty.
, NO OTBEK CONTRACTS .
Se1Ier will DOt -..- into another listing a_ent with another broker that begin. betbre the Ending Oate of this Contract.
ADDJrION./U. OFJ!1!:8S
ONCE SHLLER J!N'IERS INTO AN AGREEMENT OF SALE, :BROl>EJ;t.IS NOT REQUIRED TO PllESENT OTIIER Ol'FBRS.
ENTIRE CONTRACT
nus Centrad: is the entire agreent..... ""- Broker and Seller. Any verbal or written agreements _ "",,"e made !>of""" are not
a part <>fthis Contract.
ClLUiGES TO TBlS CONl'RACT
AU ~ to th;s _:01_ be in wrUing and silP'ed by Broker an4 S<>lIer
. SPECIAl. lNSI'RucnO:N8 . _~~.. _~~" . ._ _~~~ No ........ AJ>y ....cia!
The 0Jl1ce Q{ ~ Gen~ n... ,,<;It Pf_pproyed any spe<>ia!.,,"'..,ti""" ... ........ticmal _w.' _ _, any ..-.,.... ~___
instrlnltioos in the Cont>:ac:t ""WIt _h-with the l'em1syIvan!lO Plain Languase Consumer Cot>tn>etAct.
UDJ:nONAL 1Nl'"0~'DON (OnxONAL)
TAXeS. tl'l'ILrIUS, Al'iD A8S0CL\.-rroN FEES '
A. At ",,",,"ement, Seller will pay ene-half of the totB1 Real Estate 'l"ransfer T_, unl.... otherwise stated hare:
B Reoll~~Tm<Asaaanelit$ " Yeady Taxes S '",
'Waplocome Till< Per Oqlira Tax $
C. BstlJlIs,ted Utilities (tmsh. water, sewer, e1_c. gas, oil, etc.)
D. Ass_ Fees $ Indude:
E.~
, LlJYJl:II. FINANCING Seller will accept the 1b11owing arraogetnC!t1ts lOr .,..,...,. to pay fur the Property:
-l!ir c...h . .
o ~ will _ly fur a mOrtgage. l"YP<U) ot""ortgages ac:ceptable to Seller are.
J!itYe. Cl No ConventiC7Jl!Ol -. 0' Yes 0 NoFHA
OYes 0 NoVA 0 Yes 0 No
o s.,uer'$ belp to buyeo- (iX lOW):
COI*aCt, tU18 OPef1nsyMm5ll A_
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l\e.. baa ..ead the Couaumer Notke "" adoJ>*ed by tile State Real Estate ComdllssioD at 49 Pa. Code li35.336. All
lIed most siga this Coatraet.
CYI'ICE BEFORE SIGNING: IF SELLER lIAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN
:~~ ~. ~B rh~
J Etobert snyder
S75 "ewv~1~e d; 'Newbur9~ PA 17240-9375
rNER Ai ~~ /' ~~f
Be~en T Snyder '/'
575 NeWV11~Q Road. Newburg; ~~ ~7240-~375
VATS
j" A;/~
Dan
ll-OIQ:R (Compaay Name)
l't]!:/~ HOtlEFINDERS
115 E KING STREE~
SH~PPENSBORG PA 17257
Phone: 717 532 6131,
Fax; 717 532 4380
lIIall
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Lt.thtll contract,. 11/88 OPtmnaylvanlaAs&ocfa.tfon QfREAL TORse 19&6-
an 13.0:::(5,6), ReaJFASTe Soflw.we PubllshJng Inc., (0).2000 Rege ?PAPAR222923, THOMAS S. MrTROS,ABR..CRP. REIMAX HOME.FIJrr.iOERS
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PAGE 02
STANDARD AGREEMENT FOR THE SALE OF REAL ESTAn: A1S-2K
Thtstorm I!!eommepdedl1-1J;daJJproved *":. but not rutric:ted to \UE: by.llIe.rnbe~ of the f'fI1I15ylvaniaAuociation ofREALT~SCI (PAR).
PA LICENSED BROKER PA LICENSED BROKER
LISTING BROKER (Coml'aDY) REf MAX Home finders SELLING BROKER (Company)
ADJ>RESS 115 F. I<ino Slcreet AVJ>RESS
Shiooensbura. PI\, 17257 FAX
PH (7171 53Z-6131 FAX(7171 532-4380 PH
DESIGNATED AGENT FOR SELLER (if applicable) DESIGNATED AGEN'l" FOR. BUYER (if applicable)
1. This Agreement, dated June 6. 2000 , is between
SELLER(S):
ilelen T Snyder
J Robert Snyder
called "Sellier," and
BUYER(S):
~thony J Buzzelli
liIarta iii Buzzelli
e .. ..
.
"Jio~~"i",
3.
ailed Buyer
PROPERTY (1-98) Seller hloreby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or pk!ce of gt'ound with bUildIngs and improvemen~ thereon erected, if any, kMwn as:
575 Newvil1e ROnd. Newbura
in. the Townshi n of Hooewel1
County of CU1l\berland in the Commonwealth of Pennsylvania, Zip Code 17240
Identification (e.g., Tax ID#; Parcel #; Lot, Block; Deed Book, Page, Recording Date)
Deed Rook . Paa~
TERMS (1-00)
(A) Purchase Price Three hundred. twentv-five thousand dollars C $325.000.001--------------------
-----------------------------------------------------------~----------------------~~~~
which will be paid to Seller by Buyer as (ollows:
(8) Cash or cheCk at signing lhis Agreement:
(C) Cash or check within
(D) noon acceotance
(E) Casb, cashier's or certified check at time of settlement:
2.
$
$
$
$
TOTAL $
Deposits paid on account of purchase price to be held by Listing BrOker, unless otherwise stated here:
days of the execution ofthis Agreement:
(F)
5.000.00
320.000.00
325.000.00
(0) Sellers written approval to be on or before: June 14. 2000
(H) Settlement to be made on Or before: Seotemb"r 01. 2000
(I) Conveyance from Seller wHI be by fee simple deed of special warranty unless otherwise stated here:
(3) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise staled here:
(K) At time of settlement, the foUowing will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where
applicable: taxes; rents; in~erest on mortgage assumptions; condominium fees and bomeowner association fees, if any; water
and/or sewer tees, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s)
covered: Seller will pay up to and including the dale of settlement; Buyer will pay for all days following settlemen~ unless
otherwise stated here:
4. FIXTURES & PERSONAL PROPERTY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens,
including plumbing; heating; lighting fIXtures (including Chandeliers and ceiling funs); water treatment systems; pool and spa
1lIS-2K. SIlO.datd Agreemel1t For The Sole Of Reel Eo-,1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TOROO ,..S
_.,.'on 6,02(5,5), ReeIFA$TOll SOf\WOre Publl.hio9 lno" (e) 2000 Reg# PPAPAR222923, THOMAS $, MITROS,ABR.CRP, RE'IMAX HOMEFINDERS
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equipment; gara~e door openern and transmitters; televi~ion antennas; shrubbery, plantings and unpotted trees; any remaining
heatmg att~ COOklU.g f!-'e Is. stOred .o?, the rro~rtr at the. lime of settlement; waU to wall carpeting; window covering bardware,
shades, bhnds: butlt-IO air conditioners; bUIIt-m applIances; and the range/oven unless otherwise stated. Also included:
(B) LEASED [tems (items not owned by SeHer);
(C) EXCLUDED fixtures and items:
S. Sl'EClAL CLAUSES (1-00)
(A) I2l Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code
~35.366.
(B) Cii:I Buyer and Seller have received a statement of their respective estimated closing costS before signing this
Agreement.
(C) Cii:I Buyer has re.ceived the Seller's P,,?perty Disclosure Statement before signing this Agreement, if required by
Jaw, (See NotIce, Infurmatlon Rega.rdmg the Seller's Property DisclOsure Act.)
(P) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is bolding
deposit money) before signing this Agreement
(E) The follOWing are part of this Agreement if checked:
o Sale & Settlement of Other Property 0 Tenant-Occupied Property Addendum (PAR Fonn TOP)
Contingency Addendum (PAR F<lrtn 130) 0
o Sale & Settlement of Other Property Contingency 0
with Right t<l Continue Marketing Addendum 0
(PAR Form 131)
o Settlement of Other Property Contingency Addendum
(PAR Form 133)
1. This controct is Contingent upon Buyer receiving relevant information about
adjacent land-fill that is satisfactory to buyer, including Government reports.
2. Buyer hae right of first refusal to purchaSe add~tional land. First right of
refu3sal to be fo~malizQd in writing 30 days after acceptance.
3. Buyers have the option to buy additional land frorn the seller. Deta~ls to
follow 3Q days after acceptance.
6. MORTGA-GE CONTINGENCY (l~O)
o WAIVED, This!iale is NOT~o!Jting~U\ Onlllot\g;tge fmallcmg.
121 ELECTED
(A) This sale is contingent upon Buyer obtaining m<lrtgage financing as follows:
L Amount of mortgage loan $ ?~o.Ooo
2. Minimum Term 30 years
3. Type of mortgage Convent ional
4. lnte",st rate 8 %; however,Buyer agrees to accept the interest rate as may be committed by the
mortgage lender, not to exceed a m""imum interest rate of a :; %.
5. Discount points, Joan origination, loan placement and other fees charge by the lender as a percentage of the mortgage
loan (excluding any mortgage insurance premiums or V A funcling fee) not to exceed % of the mortgage
loan.
Tbe interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right to
guarantee an interest rate at Qt below the Maximum Interest Rate specified herein with the j)ercentage tees at or below the
amount specified herein. Suyer gives Seller the right, at Sellers sole Option and as permitted by the lending institution and
applicable laws, to contribute financially, without promise of reimbursement, to tbe Buyer and/or lender to make the above
terms available to Buyer.
(B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mortgage application to a
responsible mortgage lending institution, Tbe Selling Broker, if any, otherwise tbe Listing Broker, is authorized to
commllJ1icate with the lender fOJ[" the purposes of assisting in the mortgage loan process.
(C) 1. Upon receipt ofa mortgage commitment, Buyer and/or SeIling Broker will promptly deliver a copy of the commitment to
Listing Broker, if any, otherwise .0 Seller. ,
2. Mortgage commitment date Jul v 28.2000 .!fa written commitment is not received by Listing Broker,
if any, otherwise by Seller, by rhe above date, Buyer and Seller agree to extend the commitmellt date until
Seller terminates 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;
..2K' Stondard Agreement For The S.le Of 1'...1 Estate, 1/0e COPYRIGHT PENNSVLVANIA ASSOCIATION OF REALTORS'" 1998
ion e,tl215.5J. l'leaIPMTl!> SoftWare Publ\$"ln\llnc" (e) 2000 Re!j# PPAPAR222923, THOMAS S, MI1l'.Oa,ABR,CRP. REMAX HOMEFINDERS
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PAGE 04
a. Is nol valid until the date of settlement, OR
b. Is cOIlditioned upon the sale and settlement of any other property, OR
c. Cont~ms any other condition not specified in this Agreement
4. In the event Seller does not terminate this Agreement as provided above Buyer has the option to termina1e this
Agreement in writing if the mortgage commitment: '
a. is not obtained by or valid until the date of settlement, OR
b. Is couditioned upon the sale and settlement of any other'property which do not occur by the date ofsetllement,
OR
c, Contains any other condition not specified in this Agreement which Buyer is unable to salisfy by the date of
settlement.
5, If this Agreel!1ent 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 fur any premiums for mechanics lien insurance
and/or title search, or :tee for cancellation of same, if any; ANDIOR any premiums for flood insurance and/or fire
insurance with extended coverage, insumnce binder charges or cat1cellation fee, if any; AND/OR any appraisal fees
and charges paid in advance to mortgage lender.
If the mortgage lender requires repai~ to the Property, 8uyer will, upon receipt, deliver a copy of the mortgage lender's
requirements to Listing Broker, if any, otherwise to Seller. Seller will. within 5 days of receipt of the lendets requirements,
notify Buyer whether Seller will mal<e the required repairs at Seller's expense.
I. If Seller chooses to mal<e repairs. Buyer will secept the Property and agree to the RELEASE set forth in paragrapb 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 Buyers expense and with Seller's premission,
which. will not be unreasonably withheld. (f Seller denies Buyer permission to make the required repairs, Buyer may,
within 5 days of Sellers denial, tcnninate this Agreement If Buyer tenninates this Agreement, all deposit monies paid
on account of purchase price will be retUrned promptly to Buyer and this Agreement will be VOID,
Seller Assi5t
I8J NOT APPLICABLE
o APPLICABLE. SeHer will pay:
o $ , maximum, toward Buyer's costs as permitled by the mortgage lender.
o
FHA/V A, IF APPLICABLE
(F) It is expressly agreed that notwithstanding any other provisions of this conlJ:act, Buyer will not be obligated to complete the
pu{cbase of the Property descrihed herein or to incur any penalty by forfeiture of earnest money deposhs or othet'Wise unless
Buyer has been given, in accordance witb HUD/FHA or V A requirements, a written statement by the Federal Housing
Commissioner, Veterans Administration, or a Direct Endorsement Lender se1ling forth the appraised value of the
Property of not less than $ (the dollar ;llllount to be inserted is the sales price as stated in the
Agreement). Buyer will bave the privilege and option of proceeding with consummation of the contract without regard to the
amount of the appraised valuation. The appraised valuation is alrived at to determine the maximum mortgage the Department
of Housing and Urban Development will insure. HUD does not warmnt the value nor the condition of 1he Property. Buyer
should satisfy himself/herselfthat the price and condition of the Property are acceptable.
Wamiug: Section 1010 of TItle 18, I.S.c., Department of Housing and Uroan Development provides, "Whoever for the
purpose of, . . influencing in any way the action of such department . . . makes, passes, utters, or pUblishes any statement
knowing the same to be fillse, " shall be fined not more than$S,OOO or imprisoned not more than two years, or both."
(G) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS:
Buyer's Aclmowledgement , '
o Buyer has received th.e 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, SelIer(s) and Buyer(s) party to this tmnsaction each certify that the terms of 1l1is contract
for purchase ate true to the best of our knowledge and belief; and that any other agreement entered into by any of these parties
in connection with 1l1is transaction is attached to this Agreement
7. INSPECTIONS (1-98)
(A) Seller bereby agrees to permit inspections by authorized appraisers, repumble certifiers, insure~s representatins, surveyors,
municipal officials and/or Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller furtber
agrees to permit any other inspections required by or provided for in the terms of this Agreement . ,
(B) Buyerreserves the right to make a pIC..settIement walk-through iuspection of the Property. Buyets 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.
8. PROPERTY INSPECTION CONTlNGENCY (HIO)
o WAIVED. Buyer understandS that Buyer has the option to request inspections of the Property (see Property !uspection and
(0)
(E)
1S-2~ _ Standard Ag,..mont For Tho sale Of Rao' Estata, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAl TORS~ 19'6
_on 6.02(5,5), R.OIFAST4;> Software Publishing '""" (0) 2000 ROQ# PPAPAR222923, THOMAS $, MITROS,ABR.CRP, REIMAX HOMEFINOeRS
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uyer{s) Initials eIl9r(S) nrtiB 6 -
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09/12/2001 04: 14 ,7175324380
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Environmenml NotiCes). BUYER WAIVES THIS OPTION and agrees to the RELEASE set form in paragmph 25 of tltis
Agreement
181 ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspections and/or
certifications completed by license<! or otherwise qualified professionals (see PrOperty Inspection and Environmental
Notices). This contigency does not apply to the following existing conditions and/or items:
(B) Other provisions of this Agreement may provide fur inspections and/or certifications lhat 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 any written report, Buyer will, within the time given
for completing inspections:
o Option 1
I. Accept the ptoperty with the information stated in the reporr(s) and agree to the RELEASE set forth in pBTagmph 25 nf
this A~ement, OR .
2. Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, within the time
given for inspection, in which case all deposit mOl\ies paid on account of purchase price will be rerurned promptly to
Buyer and thiS Agreement will be VOID.
(81 Option 2
I. Accept the Property with the informalion stated in the report(s) and agree to the RELEASE set forth in paragrapb 25 of
this Agreement, UNLESS the Iota) cost to correct the col\ditions contained in the report(s) is more than
$ 5000.00 .
2. If the total cost to correct the cOl\ditions contained in the report(s) EXCEEDS the amount specified in paragraph 8(C)
(Option 2) I, Buyer will deliver the report(s) to Listing Broker, if any, otherwise to Seller, within the time
given fur inspection.
a. Seller will, within 5 days of receivlng the repOIt(s), lnfnrm Buyer in writing of Seller's choice to:
I) Make ",pairs before settlement so that the remaining cost to repair conditions contained in the report(s)
is less than or equal to lhe 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
contained in the report(s) and the amount specified in paragraph 8 (C) (Option 2) J. This option must be
acceptable to rhe mortgage lender, if any,
3) Not make repairs and not credit Buyer at settlement for any defects in cOl1ditions 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 the Ptope~ and agree to the RELEASE set forth in paragraph 25 of this Agreement
c, If Seller chooses not to make repairs and not to credit Buyer at settlement, or if SeRer faik to choose any
option within the time given, Buyer will, within days:
1) Accept me Property with the information state<! in the report{s) and agree to the RELEASE set forth in
paragraph 25 ofthis Agreement, OR
2) Tenninate the Agreement in writing by notice to Listing Broker, if any, othetwise to Seller, in
which case aU deposit monies paid on account of purchase price will be returned promptly to Buyer
and this Agreement wiJI be VOID.
9. WOOD INFESTATION CONTINGENCY (I.()O)
o WAIVED, Buyer understands that Buyer hIlS the option to request that the Property be inspected mr,wood infestation by a
certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragmph 25 of
this Agreement
181 ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buye~s expense, will obtain a written "Wood.
Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will deliver it and all
suppolting documents and drawings provided by the Pest Control Opel'amr to Listing Proker, 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. The inspection will include all reedily visible and accessible areas
of all structures on the Property except the fullowing structures, which will nOt be inspected:
If the inspection reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for
active infes1atlon(s), in accordance with applicable laws. .
If the inspection reveals damage from active infeStation(s) or previous infesration(s), Buyer, at Buye~s expense, has the option
to obtain a written report by a professional contractor, home inspection service, or strUctural engineer that is limited to
structural damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer will
deliver the stJUclural damage lllport and corrective proposal to Listing Broker, if any, otherwise to Seller, within
days of deliverinl! the original inspection report
(B)
(C)
-2K. Standard Agr..ment Fo, Tha Solo Of R."l!state. 1100 COPVRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@ 1995
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PAGE 05
(D) Wit~in 5 dayS of receiving tile structural damage report and corrective proposal, Seller will advise Buyer whe1her Seller will
repalT, at Seller. 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 repaired and agrees
to the RELEASE set forth i'1 paragraph 25 of this Agreement
(F) If Seller chooses not to repair structural damage revealed by the report or rails to respond within the time given, Buyer,
within 5 days of receiving Seller'S notice, will notifY Seller in writing of Buyer's choice to:
1. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE
set forth in paragraph 25 of this Agreement, OR
2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and wi1h Seller's
pennlssion, which will not be unreasonably witilheld, in which case Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer
may, within 5 days of Seller's denial, terminate this Agreement If Buyer terminates this Agreement, all deposit monies
paid on account of purchase price will be retUrned promptly to Buyer and this Agreement will be VOID, OR
3. Terminate this Agreement, in wbich case all deposit monies paid on account of pun:hase price will be returned
promptly to Buyer and this Agreement will be VOlD.
10. RESIDENTIAL J,.EAD-BASED PAINT lIAZARD REDUCTION ACT NOTICE REQUIRED FOR :PROPERTIES BUILT
BEFORE 1978 (1-00)
o NOT APPLICABLE
181 APPLICABLE
(A) Seller represents tbat: (check 1 OR2)
181 1. Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or
about the Property. ,
D 2. Seller has knowledge of the presence of lead-based pain! and/or lead-based paint hazards in or about the
Property, (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the
condition of the painted surfaces, and other available information concerning Seller's knowledge of the
presence of lead-based paint and/or lead based paint hazards_)
Records!Reports (check 1 OR 2)
[8J 1. Seller has no reports or records pertaining to lead-b!l$ed paint and/or lead-based paint hazards in or about the
Property.
D 2. Seller has provided Buyer with all available recoros and reports pertaining to lead-based paint and/or lead-based
paint bazards in or about the Property, (List documents)
(B)
(C)
(0)
Buyer's Acknowledgment
D L Buyer has received tbe pamphlet Protect YOllr Falnily/rom Lead in YOllr Home and bas read the Lead Warning
Statement contained in this Agreement (See Environmental Notices).
Buyer's Initials Date
o 2. Buyer has reviewed Seller's disclosure of known lead-based paint and/or lead-based paint hazards, as jdentified
in paragraph 10(A) and has received the records and repol1S pertaining to lead-based paint and/or lead-based
paint hazards identified in paragraph 10(B).
Buyel'" Initials Date
RISK ASSESSMENTIINSPEC'l'ION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling
built before 1978, Buyer has a 10 day period (unless Buyer and Selleragree in writing to a different period oftime) to conduct
a risk assessment or inspection of the Property for the presence oflead-based paint and/or lead-based paint hazards.
WAIVED. Buyer understands that Buyer bas the right to conduct a risk assessment or inspection of the Property to determille
the presence of lead-based paint and/or lead.based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the
RELEASE set forth in paragraph 25 of this Agreement
ELECTED
1. Buyer, at Buye~s expense, chooses to obtain a risk assessment and/or inspection of the Property for lead-based paint
and/or lead-based paint bazards. The risk assessment and/or inspection will be complellld witbin
days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different period of time).
2. Within tlle time set furth above for obtaining the rwk 3$Sessment and/or inspection of tlle Properly for
lead-based paint and/or (\lila-based paiJJt hazards, Buyer may delivel' 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 ofthe risk assessment and/or inspection report.
3, Seller may, within . days of receiving the list and reporl(s), submit a writren COrrective proposal to Buyer.
The corrective proposal will include, but not be limited to, the name of the remediation company and a completion date
for corrective measures. Seller will provide certification from a risk assessor or inspector that corrective measures
have peen made satisfactorily on or before the oompletion date.
4. Upon receiving the corrective proposal, Buyer, within 5 days, will:
a. Accept the corrective proposal and the Property in writing, and agll'e to the RELEASE set forth in paragrapb
181
o
IS_2K - Standard Ag,..",ent For Th. S.... Of Fleal Eatate, 1/00 CO~YRlGHT PENNSYLVANIA ASSOCIATION OF REALTORSl8l1SS8
erslon 5,02(5.5). RoaIFA$T<l!l SoItwere Publishing Inc.. (C) 2COO Reg# PPAPAR22292S, THOMAS s, MITROS,ABR.CRP, RElMAX HOMEFINDERS
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25 of this Agreement, OR
b, Terminate this Agreement in writmg, m which case all deposit monies paid on account of purchase price will
be returned promptly to Buyer and this Agreement will be VOID.
5. Should Seller fail to submit a written corrective proposal within the time s.t forth in paragraph 10(0)3 of this
Agreement, then Buyer, within 5 days. will:
a. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
b, Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOID.
(E) Certification By signing this Agreement, Buyer aJld Seller certify the accuracy of their respective statements, to the best of
toeir knowledge.
11. NADON CONTINGENCY (1-60)
(M Seller represents that: (check appropriate response(s))
1:81 I. Seller has no knowledge concerning the presence or absence of radon.
o 2. Seller has knowledge that the Property was tested on the dates, by the methods (e,g., chalCoal canister, alpha track,
ek). and with the results of all tests indicated below:
DATE TYPE OF "lEst RESULTS (picocurieslliter or working levels)
COPIES OF ALL A V AlLABLE "lEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS.
o 3. Seller hasI(oowledge that the Property underwent radon reduction measures on the date(s) and by the methodes)
indicated below:
DATE RADON REDUCTION METHOD
WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for mdon by II certified
inspector (see Radon Notice). BUYER. WAIVES rnlS OPTION and agreesro the RELEASE set forth in paragmph 25 of this
Agreement.
ELECTED
Buyer, at Buyer's expense, has the option to obtain, from a certified inspector, a radon test of the Property and wiO deHver a
COpy of the test report to Listing Broker, it'any, otherwise to Seller, within days of me execution ofthis
Agreement. (See Radon Notice.)
1. If the test report ll'YCals the presence of radon below 0.02 working levels (4 picocurieslliter), Buyer accepts the
Property and agrees to the RELEASE set furth in paragmph 25 of this Agreement
[f the test report reveals the presence of radon at or exceedillg 0.02 wolking levels (4 picocurieslliter), Buyer will,
within days of receipt ofthe test results:
Option I
a.
b.
~
o
(]:I)
2.
Cl
c.
o Optloll 2
a.
b.
Accept tlte Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
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
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 oompletion date for c~ctive measures.
I) Within 5 days ofrecoiving the corrective proposal, Seller will:
a) Agree to the telJJlS of the corrective prOpOsal in writing, in which case Buyer accepts the Property
and agmes to the RELEASE set faith in paragraph 25 of this Agreement, OR
b) Not agree ro the telJJls of the corrective proposal
2) Should Seller not agree to the terms of the corrective proposal or fail to respond within the time given,
Buy~ will, within S days, elect to:
a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this
Agreement, OR.
Terminate this Agreement in writing, in which case all deposit monies paid on account of pun:hase
price will be returned promptly to Buyer and this Agreement will be VOID,
b)
Accept the Property ill writing and agree to the RELEASE set fonh in paragraph 25 of this Agreement, OR
Submit a. written, corrective proposal to Listing BroI<er, if any, otherwise to Seller. The corrective proposal
will include, but not be limited to, the name of the, certified mitigation comp<lJ1.Y; provisions for payment,
including retests; and completion date for corrective measures. Seller will pay a maximum of $
toward the total cost ofremediatioo and retests, wbich will be completed by settlement
S-2K _ Stilndard Auteement For The Silts Of Real Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIArtON OF REAL TORS@ 1998
erston a,02(5,5), RealFASW SoftWore Publishing Jne" (el2oo0 Reg# PPAPAR222923, THOMAS S. MITROS,ABR,CRP, RElMAX HOMEFINOgR.S
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12. STATUS OF WATER (l-QO)
(A) Seller represents that this property is served by:
o Public Water
C!!1 On-site Water
o Community Water
o None
D
(8) WATIERSERVICE INSPECTION CONTINGENCY
o WAIVED. Buyer ack.nowledges 1I1at Buyer bas the option to request an inspection of the water service for the Property.
BUYER WAIVES 1HIS OPTION and agn:es to the RELEASE set forth in paragraph 25 of this AglOement
181 ELBCTED
I. Buyer has the option, within {)O days of the execution of this Agreement and at Buyets expense, to deliver
to Listing Broker, if any, otherwise to Seller, a writlllO inspection report by a qualified, professional water testing
company of the quality and/or quantity of the water seevice.
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 inspection company. Seller also agrees to resto", the Property prior to settlement
3. If the report reveals that, the water service does not meet the minimum standards of any applicable governmental
authority andlor fails to satisfy lbe requirements fur quality and/or quantity set by 1I1e mortgage lender, if any. then
Seller will, within 5 days of receipt of the report, notify J3uyer in writing of Seller's choice to:
a. Upgrade the water se/Vlce to the minimum acceptable levels, before settlement, in which case Buyer accepts the
Propelty and agrees In the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the waler service.
4. If Seller chooses not to upgrade the water service to minimum acceptable levels, or fails to respond within the time
given, Buyer will, within 5 ' days, either:
a. Accept the Property and the water service and, if required by 1I1e mOrtgage lender, if any, and/or anY
governmental authority, upgrade the water service before settlement or within the time required by the mortgage
lender, if any, and/or any governmental authorky, at Buyer's expense and with Seller's permission, which will
not be unreasonably withheld, and agree to the RELEASE set forth in plmlgmph 25 of this Agreement. If Seller
denies Buyer permission to upgrade the water service, Buyer may, within 5 days of Seller's denial, terminate
this Agreement. If Buyer terminates this Agn:eement, all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOID, OR
b. Terminate this Agreement, in which case all deposit monies psid on account of purchase price will be returned
promptly to Buyer and this Agreement will be VOID.
13. STATUS OF SEWER (1-00)
(A) Seller represents that Property is served by:
o Public Sewer
Ili:I Individual On-lot Sewage Disposal System (See Sewage Notice 1)
o Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice J; see Sewage Notice 4, if
applicable)
o Community Sewage Disposal System
o Ten-acre Permit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3) J
o None (See Sewage Notice I)
D None Available/Permit Limitations in Effect (See Sewage Notice 5)
o .
(B) INDIVlD1J;\L ON-LOT SJi;W AGE DISPOSAl- INSl"ECTION CONTINGENCY
o WAIVED. Buyer acknowledges that Buyer has the option to request an individual on-lot sewage disposal inspection of the
Property. BUYER WAIVES THIS OPTION and agrees to the RELEASE set furth in paragraph 25 of this Agreement
5-zK. Stand.", Agreement for The Sale Of Real Estate, 1/00 COPYRIGHT PENNSYtVANIA ASSOCIATION OF REAL TOR~ lOSS
eIBion O,O.(M), R..IFA$TOO1 Softw.re Pupliahino In"-, (0) 2000 Reg# PPAPAR22.923. THOMAS S, MITROS,ASR,CRP. REIMAX HOMEflNOERS
A 1f2 C)vIJ. 0610610011:15:16 P~19
uyer(.) In;tiS1& ~ -/..JJV seller{.) Inilla", ~~
I) If the total cost of remediation and retests EXCEEDS the amountspecified in paragrnph I I (BHOption 2) b,
Seller wil~ within 5 days of\CCeiptofthe cost of remediation, notify Buyer in writing ofSellets choice to:
(a) Pay fur the total cost of remediation and reteslS, in which case J3uyer 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 remediation and retests.
2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller
fllUs to choose either option witbin the time given, Buyer will, wi1l1in 5 days, notify Seller
in writing ofBuye:r's chojce to;
a) Pay the difference between Sellcts contribution to remediation and retests and 1I1e actUal cOst
thereof, in which case Buyer accepts the Property and agrees to the RELEASE set furth in
pata~(apb 25 oflbi. 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 Agleement will be VOID,
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~ ELECTED
1. Buyer has the option, wltbin 60 days of the execution ofthis Agreement and atBllyers expense, to deliver
to Listing Broker, if any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the
individual on-lot sewage disposal sys1I:m,
2. Seller agrees to locate and provide access to the individual on.lot sewage disposal system, and, if required by the
inspection company, 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 5 days of receipt of the report, notify Buyer in writing of Seller's choice to:
a. Correct the defects before settlemen~ inCluding retests, at Seller's expense, in which caSe Buyer accepts the
Property and agrees tr> the RELEASE set forth in paragraph 2S of this Agreement, OR
b. Not correct the defects, or if Seller fails to respond within the time given, Buyer will, within
( days, either:
I) Accept me Property and the sysrem and, if required by the mortgage lender, if any, and/or any
governmental authority, correct the defects before settlement or within the time required by the mortgage
lender, if any, and/or any .governmental authority, at Buyer's sole expense and with Seller's permission,
Which will not be unreasonably withheld, and agree to the RELEASE set furth in paragmph 25 of this
Agreement. If Seller denies Buyer permission to correct the defects, Buyer may, within 5 days of SeUer's
denial, terminate this Agreement. If Buyer terminates this Agreemen~ all deposit monies paid on account
of purchase price will be retumed promptly to Buyer and this Agreement will be YOID, OR
(2) Terminate this Agreement in writing, in which case aU deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreemeot will be YOID.
4. If the report reveals the need to expand or replace the exist~g illdividual on-lot sewage disposal system, Seller may,
within 5 days of 1he report, submit a cOT1)lctive proposal ~o Selling Broker, if any, otherwise
to Buyer. The correCtive proposal will include, but not be limited to, the name of the remediation company; provisions
for paymenr, including retests; and completion date for corrective meaSures. Within 5 days of receiving Seller's
corrective proposal, or if nO corrective proposal is received within the tilDe given, Buyer will:
a. Agree to the terms of 1he corrective proposal, if any, in writing, in whicb case Buyer accepts tbe Property and
agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Accept the Property and the system and, if required by the mottgage lender, jf any, and/or any governmental
authority, correct the defects before settlement or within the time required by the mortgage lender, if any, and/or
any governmental authority, at Buyers sole expense and with Seller's pennission, which will not be
unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller denies
Buyer permission to correct me defects, Buyer may, within 5 days of Seller's denia~ terminate 1his Agreement
If Buyer tenninatGs this Agreement, all deposit monies paid on account of purchase priCe will be returned
promptly to Buyer and this Agreement will be YOlD, OR
c, Terminate this Agll'ement in writing, ill which case an depos it monies paid on account of purchase price will
be returned promptly to Buyer and this Agreement will be YOID.
14. NOTICES, ASSESSMENTS & CERTIFICATES 011 OCCUPANCY 0-00)
(A) Seller represents as of Seller's eKecution of this Agreemellt, 1hat no public improvement, condominium or homeowner
association assessments bave been made against the Property which remain unpaid and that nO notice by any government or
public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoniog,
housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would
constitute violation of any such ordinances which remains uncorrected, unless othelWise specified here:
(13) Seller knows of no other potential notices (including violations) and assessments except as follows:
In the event any notices(including violations)andassessmentsarereceived afterexecution ofthil Agreement and before settlement,
Seller will notify Buyer in writing, within 5 days ofreceiving the notice or assessment, that Seller will:
1. Comply with notices and assessments at Seller's expense, in wbich case Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, OR
2. NOT comply witb notices and assessments at Seller's eKpense, in which case Buyer will notii)' Seller within 5 days in
writing that Buyer will;
a. Comply w~h the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph
:25 of this Agreemell~ 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 YOlO.
If anyer fails to notify Seller within the time giveo, Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement
Buyer is advised that access to a public road may require issuance of a highway occupancy pennit from the Department of
Transportation.
lfrequired by law, whhin 10 days of the execution of this Agreement, Seller will order for deHveJy to Selling Broker, if
(C)
(I>)
(F)
IS-2K - s..ndord Agr..ment For The Sole Of Reel e.tate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSiIl> 1SSS
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any, otherwise to Buye~, on or before settlement,
1. A certification from the app~oprjate municipal department or departments disclosing notice of any uncorrected violation
of ;zoning, housing, building, safety or fire ordinances, AND/OR
2. A certificate permitting occupancy of the Property. In tbe event repaimimprovernents are requi~ed for the issuance oflbe
cerificate, Se nor will, willJin 5 days of Sellers receipt of the requirements, notify Buyer of the requirements and whether
Seller will make the required repairs/improvements at Seller's expense,
If Seller cbooses not to make the required repairs/improvements, Buyer will, within 5 days, notify Seller in writing of Buyer's
choice to terminate this Agreement OR make the repairslimproveroents at Buyers expense and with Sellers pelUlission,
which will not"" unreasonably withheld. If Seller denies Buyer perrnmion to make the required repairs, Buyer may, within
5 days of Seller's denial, teuninate this Agreement. If Buyer terminates this Agreement, all deposit monies paid On account
of purchasc price will be returned promptly to Buyer and this 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, EXCEPTING HOWEVER the
following: existing deed restrictions, bistoric preservation restrictions or ordinances, building reslrictions, ordinances,
easements of roads, easements visible upon Ibe ground, easements of record, privileges or rights of public service companies,
if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a
reputable Title Insurance Company m: tbl;> regular rates.
(m In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at
the regular rates, as specified in paragraph 15(A), Buyer will have the option of taking such title as Seller can give without
changing the price or of being repaid all monIes paid by Buyer to Seller on account of purcbase plice and Seller will
reimburse Buyer fur any costs inculTed by:Buyer for lhose items specifled in paragraph IS(C) and in pamgmph 15(D) items
(1), (~), (3); and in the latter event there will be no further liability or obligation on either of the parties hereto and this
Agreement will become VOID.
(C) Any surveyor surveys which may be required by dle Title Insurance Company or the abstracting attorney, for the preparation
ofan adequate legal description of the Property (or the correction thereof), will be secured and paid for by Seller. However,
any surveyor surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer.
(0) :Buyer wlll pay fur the fullowing: (1) The premium for mechanics lien insurance and/or title search, or fee for cancellation of
same, if any; (2) The premiums for flood insurance and/or fire insumnce with extended coverage, insurance binder charges or
cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary
settlement costs and accruals.
16. ZONING CLASSIFICATION (1-00)
Failure of this Agreement to contain the zoning classification (except in cases where lhe property {and each parcel thereof, if
subdividable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option
of the Buyer, and, if voided, any deposits tendered by the Buyer wUl be returned to the Buyer without any requirement for
court action.
Zoning Classification:
o ELECTED. Within days of dle execution of Ibis Agreement, Buyer will verify mat the existing use oftbe Property
as is permitted.
In the event the use is not permitted, Buyer will, within the time given for verification, notilY Listing Broker, if any,
otberwise Seller, in writing that the existing use of the Propetty is not permitted and this Agreement will be VOID,
in whicb case all deposit monies paid on account of purcbase plice will be returned promptly 10 Buyer. Buyer's failure to
respond within the lime given will constitute 8 WAIVER of this contingency and all other terms of this Agreement
remain in full force alId effect
17. COAL NOTICE
l'&I NOT APPLlCABLE
o APPLICABLE
nns DOCUMENT MAY NOT SELL, CONVEY. TRANSfER, INCLUDE OR INSURE THE TITL.E TO THE COAL AND
RIGHTS Of SUPpORT UNDERNEATH THE SURFACE LANO DESCRIBED OR REFERRED 10 HEREIN, AND THE
OWNER OR OWNERS OF SUCH COAL MA Y HAVE THE COMPLETE LEGAL RlOHT TO REMOVE ALL SUCH COAL
AND IN THAT CONNECTION, DAMAGEMA Y RESULT TO THE SURFACE Of THE LAND AND ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section 1 of the Act of
July 17, 1957, PL. 984.) "BUyer acknowledges that he may not be obtaining the right of protection against subsidence resulting
from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a
private contract with the owners of the economic interests in the coal. This acknowledgment is made for the purpose of complying
wkb the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer
agrees to sign the deed from Seller which deed will contain Ibe aforesaid provision.
18. POSSESSION (1-98)
(M possession is to be delivered by deed, keys and:
I. Physical possession to a vacant building (if any) broom-clean, free of debris at day and .time of settlement. ;'>ND/OR .
2. Assignment of existing lease(s), togelher witp any security deposits and inten:st, at time of settlement, If Property IS
tenant-occupied at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge
15-.21< _ St:lndarcl Agreement Fot The 8.1. Of Resl Estate, 1JOO COPYRIGHl PENNSYLVANIA ASSOCIATION OF REALTORS*' 1998
...ion 6.02(5,5}. RaalFA$W Softw..-. PubUornog Inc" Ie} aOoo Re<JII PPAPARZl!29a~. THOMAS S. MITROS.A.BI\,CR,P. RE/MAX HOMEFlNOERS
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existing lease(s) by initialing said leases(s) at time of signing of this Agreement, if Property is tenant-occupied,
(B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property
without expressed written consent of Buyer.
19. RECORDING (3-85) This Agreement will not be recorded in the Office forrhe Reconling of Deeds or in any other office Or place
ofpubllc record and if Buyer causes or permits this Agreemem to be recorded, Seller may eJectto treat such act as a breach oflhis
Agreement.
20. ASSIGNMENT (3-85)This Agreement will be hinding upon the palties, their respective heirs, personal representatives, guardians
and successors, 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 Agreement without the written consent of Seller.
21. DEPOSIT & RECOVERY FUND (1-60)
(A) Deposits paid by Buyer within 30 days of settlement will be by cash, caih~ts or ~\1;ified clleck. Deposits, tOgardless of the
form of payment and the person designated as payee, will be paid to Broker or pany identified in paragraph 3(F), who will retain
\hem in an escrow account untij. consummation or termination of this Agreement in conformity with all applicable laws and
regulations. Any uncasbed cbeck tendered as deposit may be held pending the accepmnceofthis 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 Stale Real Estate Commission (49 Po. Code ~35,327) to retain the monies in escrow until the dispute is
resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final
order of court or the written Agreement of1l1e parties. Buyer and Seller agree that, in the event any broker or affiliated licensee
is joined in litigation for the return of deposit monies, the attomeys' fees and costs of the broker(s) and Ucensee(s)
will be paid by the par1)' joining lhem.
(C) A Real Estate RecoveJy Fund exists to reimburse any persons who have obtained a final cival judgment against a
Pennsylvania real estate licensee owing to fraud, misrepresentstion, or deceit in a real estate tJansaction and who have been
unable to collect the judgmetlt after exhausting all legal and equitable remedies. For complete details about the Fund, call
(717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
22. CONDOMINIUM I PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-60)
121 NOT A?PLICABLE
o APPLICABLE: CONDOMINIUM
Buyer acknowledges that the Property is a unit ofa condominium that is primarily run by a unit owners' association, ~3407 of the
Unifoml Condominium Act of Pennsylvania lllqnircs Seller to furnish Buyer with a Certificate of Resale and copies of
the condominium declaration (other than plats and plans), 1I1e bylaws, and the rules and regulations of the association,
o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIA nON)
Buyer acknowledges that the Property is part of a planned community as defined by 1he Uniform Planned Community Act
(See Definition of Planned Community Notice for the definition contained in the Act). 95407(a) of the Act requires Seller to
furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regulations of the
assoc iauon, and a Certificate containing the provisions set forth in 95407(a) of the Act
(A) Within days of the execution of this Agreement, Seller will submit a request to the association for a Certificate of
Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is required
to provide these documenrs within 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 a timely
manner, nor is Seller liable to Buyer for any erroneous information provided by the association and included in the Certificate.
(C) Buyer !/lay declare this Agreement VOID at any time before Buyer's receipt of lhe association documents and for 5 days
thereafter, OR until settlement, whichever occurs first Buyer's notice declaring the Agreement void must be in writing;
thereafter all deposit monies will be returned to Buyer.
(D) In the event the association has the right to buy lhe Property (right of first refusal), and the association exercises that right,
Seller wHl reimburse Buyer fur all monies paid by Buyer on account of purchase price and for any costs incurred by Buyer
fur: (I) The premium for mechanics lien insurance and/or title search, or fee for cancellation of same, if any: (2) The
premiuIllS for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if
any: (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyers cuslOmary settlement costs and
accruals,
23, . MAINTENANCE & RISK OF LOSS (1-00)
(A) Seller will maintain 1I1e Property, grounds, fixtures, and any personal property specifically scheduled herein in its present
condition, normal wear and tear excepted.
(B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item,
Seller will promptiy notify Buyer in writing of Seller's choice to:
1, Repair or replace the jailed system or appliance before senlement or credit Buyer at senlement fur the fair market value
of the jaijed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case. Buyer
accepts the Proper1)' and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the fuiled sysu,m or
appliance, in which CllSe Buyer will notify Seller in writing whhin 5 days or before senlement, whichever is sooner,
that Buyer will:
.. Accept the !'rPperly and agr" tc the RELEASE set forth ill paragraph 25 of this Agreement, OR
1:>. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
S-2K - Standillrd Ag('l!li!e~nt For The Sals Of Rea' estate, 1JOD COPYRIGHT PENNSYLVANIA ASSOClAilON OF REAL TOROO 1996
e..ion 6,02(5,5). R..IFA$T4l> Softwo", pv"'l$hing Inc.. (0) ,,"00 Reg# PPAPAR222923. THOMAS S, MITROSABR,CRP. R~ HOI\l1EFlNOERS
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promptly to Buyer and this Agreement will be VOlO.
(C) Seller will bear risk of loss from fU'e or other casualties until 1ime, of settlement. In the event of damage by fire or other
casualties to any property 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 paio on account of purchase price or of accepting the I'roperty
in its then condition together with the proceeds of any insurance recovery obtainable by Seller, Buyer is hereby notified that
Buyer may insure Buyer's equitable interest in this Property as of the time ofel<ecution of this Agreement
24. W AlYER OF CONTINGENCIES (1-00)
In the event this Agreement Is contingent on Buyer's right to inspect and/or repair 1he Property, Buyer's failure to exercise any
of Buyer's options within the tiroe Bmits specified ill the contingency provision(s) will constitute a WAIVER of that
coutingency and Buyer accepts the Property and agrees to the RELEASE set jbrth in pa..-agraph 2S of this Agreement,
25. RELEASE (1-00) Buyer hereby releases, quit claims and forever dischaJ:gos SELLER, ALL BROKJORS, thek LICENSEES,
E!\fi'LOYEES, and any OFFICER or PARTNER of anyone of them and any other PERSON, FIRM, or CORPORA nON
who may be liable by Or through them, from any and all claims, losses or demands, indl\ding, but not limited to, personal
injuries and property damage and all of the consequences thereof, whether now known Or uot, which may arise from tbe
presence of termites or other wood-boring insects, radon, lead.based paint ha~ards, environmental hazards, any defects in
the Individual Oil-lot sewage disposal system or def"lcIencies in the on-.sito water servic~ syst~m, or any defects or conditions
on tlIe Property. Tbis release wUI survive settlement
26. ~EPRESENTATlONS 0-00)
(A) Buyer understands that any rep",.entations, claims, advertising, promotional activities, brochures or plans of any kind made by
Seller, Brokers,. their licensees, employees, officers or partners are not a pall of this Agreement, unless expressly
incorporated or stated in this Agreement.
(B) It is undentt)Od tllat Bu)'er bas inspected the Properly before signing this Agreement (including fixtures and
aay personal property specif'lCaUy scheduled herein), or lies waived the right to do so, end has agreed to purchase It In
its present condition unless otberwise slated in tbis Agreement, Buyer acknowledges that Brokers, their licensees,
employees, officers or partners have not made an independent examination Or determination of the structural
soundness of the Property, the age or condition oftlle components, environmental conditions, the permitted lISes, or of
conditions existing in tile locale where tbe Property is situated; nor have tbey made a mechanical inspection of any of
tile systems COntained therein.
(C) It is further underStood that this Agreement contains the whole agreement between Selier and Buyer and there are no other
terms, obligations, covenants, representations, statements or conditions, OIlIl or otherwise of any kind whatsoever concerning
tbis .ale. Furthermore, this Agreement will not be altered, amended, changed, or modified except in writing executed by
the parties.
(D) The headings, captions, and line numbers in this Agreement are meant only to make i~ easier to find tbe paragraphs.
27. 'I1ME OF THE ESSENCE- DEFAULT (1-00)
"the said time for settlement and aU other times referred to fur the performance of any of the obligations of this Agreement are
hereby agreed to be ofthe essence of this Agreement. For tile purposes of this Agreement, number of days will be counted from the
dare of execution, by excluding the day thls Agn:ement was executed and including the last day of the time period. Should Buyer:
(A) Fail 10 make any additional paymotlts as specified in paragraph 3; OR
(B) Furnish false or incomplete information to Seller, Listing Broker, Selling Broker, at me mortgage lender, if any, concerning
Buyer's legal or financial status, or filii to ccopenlte in the processing of the mortgage loan application, which acts would result
in the failure to obtain the approval of a mortgage loan commitment; OR
(C) Violate or fail to fulfill and perform any other terms Or conditions of this Agreement;
men in such case, Seller has the option of retaining all sums paid by Buyer, including me deposit monies, 1) on account of
purchase price, or 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breacb, as Seller may
elect, unless otherwise checked below.
o Seller is limited to retaining sums paid by Buyer, including deposit monies, as liquidated damages.
Is Seller elects to retain all sumS paid by l3uyer, including deposit monies, as liquidated damages, Buyer and Seller will be
released from further llabUi:ty or obligation and this Agreement will be VOID.
28. Jlll.OKJi:RS (HIO) The Business Relationships between me Brokel(s) and Seller and l3uyer are as follows, UNLESS a different
relationship is checked below.
(A) The Listing Brobr is Agent for Seller.
(B) The Selling Broker is Agent far Buyer.
(C) When the Listing Broker and Selling Broker are the same, the Broker ls a Dual Agent. Dual Agency applies to a!1
licensees, UNLESS there is 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 a Dual Agent
A Business RelatiOnShip eJ<ists that is different from abOve, as follows:
8 The Selling Broker is the AgentJ~uba~ent for Seller.
The Selling Broker IS a TrarlSactlon LIcensee.
o The Listing Broker is a Transaction Licensee.
(D) Broker(s) may perform services to assist unrepresented parties in complying with the terms ofthis Agreement.
29. :MEDIATION (7-96)
o NOT AVAILABLE
.....K" Standanl A9reo....nt For The Sal. Of ""al Estate, 1/00 COPYRIGHT PENN$YWANlA ASSOClA TION OF REAl. TORSd!l1998
araion 6.02(S,S), RealFASTOll Sollware Publishing Inc., (CJ 2000 Reg# PPAPAR222923. THOMAS S, MITROS,ABR,CRP, REiMAJ( HOMEFINDERS
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181 WAIVEP. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there
will be no obligation on the pall of any party to do SQ.
D ELECTED
(A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation,
ill accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any
agreement reached thl'Ougb a mediation cOnfell'nce and signed by the parties will be binding,
(B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home
SellersIHome Buyers Dispute Resolution System. (See Mediatiop Notice.)
(C) This agreement to mediate disputes arising from this Agreement will survive settlemept
Buyer and Seller acknowledge that they bave read and undentan\! the noticesal1d ""p1anato')' informatiol1 setfortb ill this Agreement
Buyer acknowledges receiving a copy of this Agreement at the time of signing.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile
transmission (FAX) of this Agreement, and all addenda, bearing the signatures /;If all parties, constitutes acceptance
of this Agreement. Parties to this transaction are advised to consult an attorney before signing if they des;,.e legal advice.
WIT~ES~6#'ffJ.
WITN~ f2e-
BUYER
l\nthony J 6uzze
3819 tngoman
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20015
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3819 Ingoman St, Wa5nington. DC 20015
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Seller hereby approves the above contract this (date)
and in consideration of the services ",ndered in procuring tbe Buyer, Seller agrees to pay the named Listing Broker a fee of
of/from tl1e hcrein specified sale price. In the event the Buyer defaults hereunder, any monies paid on account will be divided
, SeUer, . Listing Broker, but in no event will the sum paid to Listing Broker be in excess
oftbe above specified Broker'S fee.
WITNESS l~?P---~ _. S~~:: T ~ Y j~ DATE
575 Newville Road, Newburg, PA 17240
WITNESS ~S ~ SELLER ck-.. DATE \..t........ t: .A...--.-,
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575 N 17240
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Brokers'/Lice""ees' CertifiCations (check all that are applicable):
D Regarding Lead-Based Paint Hal:S.rds Disclosure: Required if Property was built before 1978: The undersigned Licensees
involved in this transaction, on behalf of themselves and their brokers, certily that their statements are trUe to the best of their
knowledge and belief.
Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's obligations under The
Residential LeadPaint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware oftbeir responsibilio/ to ensure compliance.
o Regarding FHA Mortgages' The undersigned Licensees involved in this transaction, on behalfof1hemselves and their brokers,
S_2K _ Standard Agreement For The 5.,. Of Real Es..te. 1{On COFYRIGKT PENNSYLVANIA ASSOCIATION OF REAL TOR~ tSS8
ltiMI O,O~{lJ,tl). Re.slf'A~TS &ftwor(; r"JtJl;lli~nine In~. (0) 2000 R,l;gB' PPAPAR.:Z:32Q23, THOMAS $. MI1'FlOS,A13~.CRP, RElMAX HOMEFINOERS
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certify that the terms of this contract for purchase are tme to the best of their knowledge and belief, and that any other
agreement entered into by any of these parties in connection with this transaction is attached to this Agreement.
o
Regarding Mediation: The undersigned 0 Listing Broker 0 Selling Broker
agree to submit to mediation in accordance with paragraph 29 of*eerne.nt.
BROKER (Company Name) ~ ,W~~~
ACCEP-rnD BY \ DATE
v
Name)
LlSnNG
SELLING
BROKER (Company
ACCEPTED BY
DATE
S-2K ~ Standard Agreement Fot' The Sale Of Real Estate. 1JOO COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS$ 1998-
:::)el:s/iiiA$~. Publishing Ine, (e) 2000 Rsgfl PPAP~:::~~ ::~::: S. MITROS,ASR,CRP, REIMAX HOMEFINDE::le~.) Inlliel. ~
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NOTICES AND INFORMATION
INFORMATION REGARDING THE SELLER'S PROPERTY DISCLOSURE ACT
Generally speaking, ~e Seller's Property Disclosure Act applies to any sale, excbange, installment sales cOlltrac~ lease with an option to
buy, or transfer of an IDterest ID real estate where not less tban one and not more than fuur residential dwelling units are involved.
The Act stipulates that certain disclosures have to be made and delivered in a form derIDed by me Act, before an agreement of sale is
signed,
The Act defines nine exceptions, whelC the form does not have to be used.
I. Tmnsfexs that are the result of a court order.
2. Tmns{ers to a mortgage lender that result from a buyer's default and subsequent' foreclosure sales that result from default.
3. Transfers by a fiduciary during the administration of a decedent estate, guardianship, conservatorsbip or trust
4. Transfers from a co-owner to one or mare other Co.ownerS.
5. Transfers made to a spouse or a direct descendant
6, Transfers between spouses that result from divorce, legal s\lPamtion, or property settlement
7. Transfers by a corporation to its shareholders as part of s plan of liquidation.
8. Transfers by a partnership to its partners as part of a plan of liquidation.
9. Transfers of new construction that has never been occupied when:
a. Tbe buyer has received a On...yearwritten warranty covering 1he construction;
b. The building has been inspected for compliance with the applicable building code or, if none, a nationally ",cognized
model building code; and
o. A certificate of occupancy or a certificate of code compliance has been issued for the dwelling.
In addition to these exceptions, me Act limits the disclosure in the caseS of condominiums and cooperatives to me sellers particular unit It
does not impose disclosures regarding common areas or filcilities; those elements are already addressed in the laws that govern the resales
ofcondominiulDB and cooperative interests.
NOTICE TO ,BUYERS SEEKING FINANCING
The appraised value of the Property is used in detetmining the maximum amount of the loan and may be dlffelCnt from the
pUR:hase price and/or maxket value.
NOTICES AND INFORMATION ON PROPERTY CONDItION INSPECTIONS
U.s. Department of Housing and Urban Development
FHA Loans:
For Your Protection: Get a Home IMpection
What the FHA Does For Buyers...and What We Don't Do
What we do: FHA helps people become homeowners by insuring mortgages fur lenders. This allows lenders to offer mortgages to
fll'St-time buyers and omers wbo may not qualify for convetlonalloans. Because the FHA insures the loan for the lender, the buyer
pays only a very low down-payment.
What we dlln't do: FHA does not guarantee me value or condition of your potential new home. If you find problems with your new
home after closing, we cannot give or lend you money for repairs, and we cannot buy the borne back from you.
That's why it is so important for you, the buyer, to get an independent home inspection. Before you sign a contmct, ask a qualified
bome inspector to inspect your potenda' new home and give you the infotnlation you need to make a wise decision.
Apprais~ls and HOllle Inspections are Different
As pllrt of our job insuring tb.e loan, we require that the lender conduct an l'HA appm.isal. An appraisal is different from a borne
inspection. Appraisals are for lenders; home imlpections 3<<l for buyers. The lender does an appraisal for three reasons:
To esrima1e the value of a house
. To make sure t!Jatthe house meets FHA minimum property standards
. To make sure that the house is marketable
AppraiSll1s are not home inspectiQns.
Why a !luyer Needs a Hllme Inspection
A home inspectiOl1 gives the buyer more detailed information than an apPJ:llisal - information you need to make a wise decision. In a
home inspection, a qualified inspector takes an in.depth, ul\biased look at your potential new home to:
S-2K _ Standal'd Agreement; For The Sille Of Real estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAl TORS~ 1998
Otslon 5.02(5,5). ReaIFA$T4ll Soflwa... publl.nlng lno" (e) 2000 R.g# PPAPAR2Z!a2S. THOMAS S. MITROS.ABR,CRP. RE/MAX HOMEFINDERS
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Evaluate the physical condition: structure, construction, and mechanical systems
Identify item. that need to be repaired or replaced
. Estimate the remaining useful life ofthe m~or systems, equipment, structure, and finishes
What Goes into a Home Inspection
A home Inspection gives the buyer an impartia~ physical evaluation of the overall condition of the home and items that need to be
repaired or replaced. The inspection gives a detsiled report on the condition of the sttuclUral cnmponents, exterior, roofing, plumbing,
electrical, beating, insulation and ventilation, air conditioning, and interiors.
Be an Illformed Buyer
It is your responsibiliiy to be an informed buyer. Be sure that what you buy is satisfuctory in ev<ry respect. You bave the right tu
carefully examine your potential new home with a qualified home inspector, You should arrange ID have a home inspection before
you purchase your bome. Make sure your contract states that the sale of the home depends on the inspection_
If you believe you have been subject to discrimination because of your race, color, religion, sex, handicap, fumiliaJ status, or national
origin, yOU should caU the !-IUD Fair Housing and Equal Opportunity Complaint Hotline: (800) 669-9777.
This statement must be delivered to you at the time of initial loan application. Return one copy to your lender as proof of notification
and keep one copy for your records.
YOIl, the bonoweT(s), mllst be certain that you underttand the tral\saction. Seek professional advice if you are uncertain.
PROPERTY INSPECTION NOTICES
PropeJ'ty In"Pection: A general inspection of the Property can be performed by a professional contractor or home inspection service and
may include inspections of: structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gutters, and
downspouts; appliances; electrical, plumbing, heating, and cooling systems; water penetration; and any other items Buyer may select
Inspections or certifications might include: Environmental Hazards (e.g., Asbestos, Ureafurmaldehyde Foam Insulation, Underground
Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square footage
Verification, and any otlter items Buyer may select. Buyer is advised to investigate easements, deed and use restrictions (including MY
historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances,
Flood Plains: If the Property is located.in a flood plain, Buyer may be required to carry additional insursnce.
PropertY Boundary/Sqllare Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls
and other natural or constructed barriers mayor may not represent the true boundary lines of the Property. Buyer is also advised that any
numerical repre.'lCntatlons of square footage of the stJ:ucture(s) and/or lot size are approximations only and may be inaccurate, auyer is
advised to engage a professional surveyor or obtain an independent measurement of the structure(s) and/or lot size if Buyer wishea to
make this sale contingent on Buyer's approval of the Property's boundaries or square footage.
Water Service: Buyer may elect to have the water service inspected by a professional water testing cOIllpany. In addition, on-site water
service systems may bave to meet certain quality and/or quantity requirements set by the municipality or the lender.
Wood-pest;oying Insec~ Infestatioll: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter
ants, catpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termire and Pest Control companies
are available to make inspections to determine whe1her wood-destroying insects are present. Because of the way 1ltese insects flUlction,
damage to wood may be hidden. Careful selection should be made of skilled e"per1S in the termite/pest control field to insure a proper
determination of whether wood-boring insects or resultllllt damage is present
ENVIRONMENTAL NOTICES
Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry. The physical properties that give
asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic
fiberstbat can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is,
\mown to cause AsbestOSis and various forms of cancer. Inquiries orrequests for more information about asbestos can be dit"ctedto the
United smres Environmental Protection Agency, III 18th Street N. W., Wasliington, D.C. 20207, al1d/or the Department of Health,
Comrnonwea~h of Pennsylvania, Division ofE:nvironmontal Health, Harrisburg, PA 17120.
Electro/llagnetic Fields: Electromagnetic fields (EMF.) occur around all electrical appliances and power lines. Conoluslve evidence that
EMFs pose bealth risks does Dot exist at presont, and Pellnsylvania has no laws regarding this issue.
ElIvirotlmental H:uards: The U.S. Environmen1al Protection Agency has a list of hazardous substances, the use and disposal of which are
5-2K . stondard AlIre.ment For The Sa'. Of Real Estate, 1100 COPYRIGHT PENNSYWANIA ASSOCIATION OF REAL TORSII!l1998
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restricted by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility to dispose ofthelll
properly. For more information and a list of hazardous subslances, contact U.5. Environmental Protection Agency, 111 18111 Street N. W.,
Washington, D.C. 20207, (202) 260-4700.
\!reaformaldehyde Foam Insulation (UFFI): Ureaformaldehyde Foam Insulation (UFFl) is a thermal insulation materiai that is
lllanufactured at the site of installation and pumped infi) the space in the walls of the building being insulated. UFFI can release
formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effccrs linked to exposure to UFFI are cancer,
acute illness sucb as eye, nose, and throat irritation, and sensitization. Although a 1982 ban of future sales ofUFfl by the V,S, Consumer
Product Safety Commission was overturned in 1983 because the health risk was not established as "unreasonable," it is recommended
that prospective buyelS be infurmed if UFFI is present or has been present on the property. Tests can be conducted to determine the
concentmtion of formaldehyde gas present in a stmcmre, as well as tD measu~ the presence and toxicity of UFFl. The cost of removing
VFF! will vary with the design of the construction and the accessibility of the insulation. Information regarding tests and testing
procedures can be obtained by writing the U.S. Consumer Product Safety Commission, Office of the Secretary, Third Floor, 5401
Westbard Avenue, Bethesda, MD 20207.
Wet1and$: Wetlands are protected by both the federal and state governments. Buyer may wish to have lhe Property inspected for wetlands
by an etlvironmental engineer to determine if permits for plans to bulld, improve, or develop the property would be affected or denied
because of wetlands.
Lead: (For properties built before 1978)
{.tad Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built
prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisotling in young children may produce permanent l1eurological damage. including learning
di~abilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The ~eller of any interest ill residential1C81 property is required to \lrovide the buyer wilh any Infurmation on
lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or Inspection for possible lead-based paint hazards is recommended prior to purchase.
Llllld Huard J)isclosure Requirements; in accordance with the Residential Lead-Based Paint Ha:zard Reduction Act., any seller of
property built befure 1978 must provide the buyer with an EP A-approved lead bazards infurmation pamphlet titled Protect Your
F <ll/tily From Lead in r our Home and must disclose to the buyer and the Broker(s) the known presence of leadobased paint and/or
lelld.based paint hazards in or on the. property being sold, including the basis used for determining that lead-based paint and/or lead-
based pamt hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces.
AllY seller of a pre-I978 structure must also provide the buyer with any records or reports available to the seller pertaining to
lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential
dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any bousing constructed
prior to 1978,the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a
risk assessment or inspection for the presence of lead-based paint and/or lead-based paint ba;zards. The opportunity to oonduct a
risk assessment or inspection may be waived by the buyer, in writing. Neither testing l\or abatement is required of the seller.
HOusing built in 1978 or later is not subject 10 the Act
Radon' Radon is a natural, radioactive gas that is prQduced in Ule ground by the normal decay of uranium and radium. Studies indicate
that e"tended exposure to high levels of radon gas can inclll... the risk of lung cancer. Radon can find its way into any air-space,
including basements and crawl spaces and elm permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective
action if the annual average exposure to radon Oltcceds 0.02 wolking levels Or 4 picocurieslliter.lf a house has a radon problem, it usually
can be cured by increased ventilation and/or by prevel\ting radon entry. Any person who tests, mitigates, or safeguards a building for
mdon in Pennsylvania must be certified by the Department of Environmen1ll1 Protection. Information about radon and about certified
testing or mitigation fwms is available through DEP, Bureau of Radiation Protection, P.O. Bo" 2603, Harrisburg, PA 17120,
(800) 23RADON or (717) 783-3594.
NOTICE 1,
SEWAGE NOTICES
NOTICES pVRSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE
SUBJ:ECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall instal~
construct, request bid proposals for construction, alter, repair or occupy any building or structUIll for which an
individual sewage system is to be installed, without first obtaining a penuit. Buyer is adviSl'd l:>y this noti<;e that, before
signing th~ Agreement, Buyer shOUld contact the local agency charged with administering the Act to
determine the procedure and requirements fur obtaining a permlt for an individual sewage system. 'f~e l~oaJ age~cy
ch8iged with administering llle Act will be the municipality where the Property is located or that mUnlclpahty workmg
cooperatively with others.
AlS-2K . St3ndard Agreement For The Sale Of R.eal Eswte, 1/00 COPYRIGHT PE.N~SYLVANIA ASSOCIA nON OF REAL TORS<8l1S9S
Verlli<>n 6.Q2(M). R...!FASTqI) SOflwore Publishing Inc., (e) 2000 Reg# PPAPAR222923, THOMAS S, MITROS.ABR.CRP. RElMAX HOMEFINDERS
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R~/MAX HOMEFINDERS
PAGE 18
THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER tHE TEN-
ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE
FACILiTIES ACT. (Section 7 provides that a permit may not be required befure installing, constructing, awBJding a
contmct for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot
is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted
and that, should tbe system malfunction, the owner of the Property or properties serviced by the system at the time of a
malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as
a ",suIt
THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORAR.Y) TO WHICH
SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE,
Pursuant to the Pennsylvania Sewage Facilities Act, Seller mllSt provide.. history of the annual cost of maintaining
the tank from the date of its installation or December 14, 1995, whichever is later.
AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code
~73.J3 pertaining to minimum horizontal isolation distances provide guidance. Subseclion (b) of !j73.13 states that the
minimum horizontal isolation distance between an individual water supply or water supply system suction line and
treatment tanks shall be 50 ~et Subsection (c) !j73.13 states that the horizontal isolation distllnce between the
individual water supply or water supply system suction line and the perimeter of the absorption shall be 100 teet
THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT
TO THOSE LIMITATIONS, SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRVCTlON OF A srRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN
UNTIL THE MVNICIPALIT'Y COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE
PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGA UD THEREUNDER.
DEFINITION OF A PLANNED COMMUNITY
The Uniform Planned Community Act defines "planned community" as real estate with respect ro which a person, by virtue of ownership
of an i/Iterest in any portion oftha real estate, is or may become obligated by covenan~ casement or agreement imposed on the owner's
interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation
of any part of the real estate other than the portion or interest owned solely by the person. The tann excludes a cooperative and a
condolllinium, but a cooperative or condominium may be part of a planned community. For the purposes of this definition, "ownership"
includes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential
campground communities.
Exemptions from the Uniform Plajijied Community Act- When a Certificate of Resale is Not Required
The owner of a property \ocated within a planned community is not required to furnish the buyer with a certificate of resale under the
following circumstances:
A. The Planned Community cc:mtains no more than 12 units, provided there is no possibility of adding real estate or subdividing units
to increase the size of the planned community.
B, The Planned Community is one in wlt;cb all of the units are restricted exclusively to non-residential use, unless the declaration
provides that the resale provisions are nevertheless to be followed.
C. The Planned Community or units are located outside the Commonwealth of Pennsylvania.
n. The transfer of the uttit is a gratuitous transfer.
E. The transfer of the unit is required by court order.
F_ The transfer of the unit is by the government or a governmental agency.
C. The transfer of the unit is the result of foreclosure or in lieu of foreclosure.
Notices Regarding Public otfering Statements and Right to Rescission
If Seller is a Declarant of lIJe condominium or planned community, Seller is required to furnish Buyer with a copy of the Public
Offering Stllement and its amendments. For condominiums, the delivery of the Public Offering Statement must be made no later than
the date the buyer executes this Agreement Buyer may cancel this Agreement within 15 days after receiving the Public Offering
Stalemont and any amendments that materially and adversely affect Buyer. For planned communities, the Decla.rant must provide the
Buyer with a copy of the Public Offering Statement and its amendments no later than the date the Buyer executes 1his Agreement
BQyer may cancel this Agreement within 7 days after receiving the Public Offering Statement and any &me)ldments that materially and
adversely affect Buyer.
TIM/l: IS OF THE ESSENCE
S-2K, - Standard Agrsament For Tho S,fe Of R,eal E9tate, 1100 COPYRIGHT PENNSYlVANlA ASSOCIATION OF REAL TORS@ 1998
eralen 6.02(5.5), R..IFAST@lSoftware PubU.hlng Ine" (e) 2000 Reg# PPAPAR222923. THOMAS S, MITROS.ABR.CRP. REIMAX HOMEFINDERS
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All dates and time limits set withil1 this Agreement must be adhered to or [his Agreement is breached. For the purposes of this
Agreement, number of days will be counted from the date of ""ecution by excluding the day on which this Agreement was executed
and by inclUding the last day of the time period. The date of execution is me date when Buyer and Seller have indicated
full acceptance of this Agreement by signing and/or initialing it.
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreemenl of Parties The Rules "l1d Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in
writing to mediate under DRS. The written agreement can be aChieved by a standard clause in an agreement of sale, an addendum
to an agreement of sale, or through a separate written agreement.
1.. Initiation of MedlatiGo If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate
Mediation DRS Transmittal Form (Transmittal FOlm) to the local Association of REAL TORS@ (hereafter "Administrator"), The
Tmnsmittal Form should be available through the Administrators office. The initiating party should try tCl include the fullowing
Infonnation when sending the completed TranSmittal Form to the Administrator:
a, A copy of !he written agreement to mediate if there is one, OR a request by the initiating party to bave !he
Administmtor con1act the other parties to the dispute to invite them to join the mediation proces',
b. The names, addresses and telephone numbers of the parties involved in 1he dispute, including the name of every
insurance company known to have received notice of the dispute or claim and Ib~ corresponding flIe or claitn number,
c, A brief statement of the facts of the dispute and the damages or relief sought
3. Seleetion of Mediator Within live days of receiving !he completed Transmittal Form, the Administrator will send each party to the
dispute a copy of the Transmittal Form and a list of qualified mediators and their fee schedules. Each party then bas ten days 10
review the list of mediators, cross off the name of any mediator to whom the party objec1s, and return the list to the Administrator.
The Administrator will appoint the fJrst available mediator who is accel'1ab1e to all parties involved,
A mediator who has any financial at personal interest in the dispute or the results of the mediation cannot serve as mediator to that
dispute, unless all Plllties are informed Sl)d give their written consent
4. Mediation Fees Mediation fees will be divided equaUy among the parties and will be paid before the mediation confe/Cnce. The
parties will follow the payment terms contained in lIJe mediator's fee schedule.
5. Time and Place of Mediation Conference Within ten days of being appointed to tbe dispute, me mediator win contaCl: the parties
and set the date, time and place ofthe mediation conference, The mediator must give at least twenty days' advance notice to aU
parties. The mediation conference shOuld not be llIore than sixty days from the mediator's appointment to the dispute.
6. Conduct of Mediation Con ferellce The parties attending the mediatiop conference will be expec1ed to:
I. Have the autllority to enter into and sign a binding settlement to tile dispute.
2, Produce all information required for the mediator b;) understand the issues of the dispute. The information may inClude
relevant written materials, as well as descriptions of witnesses and the content of their testimony, whether or not tlJ,ey
will be appearing at the mediation conference, Tbe mediator can require the parties to deliver written materials and
infurmation before me date of the mediation conference,
The mediator presiding over the conference:
I. Will impanially conduct an orderly seulement negotiation.
2. Will help the parties define the matters in dispute and reach a mutually agreeable solution.
3, Will have no authority to render an opinion, to bind the parties to his or her decision, or to force the plllties to reach
a settlement
Formal rules of evidence wiD not apply to the mediath;ln conference.
7. Represelltation by Counsel Any party who intend. to be accompanied to the mediation confel'>nce by legal counsel will notify the
mediator and the other parties of the intent at least ten days before the conference.
8. COlludentillUty No llSpect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other
proceeding. rbis includes, but i. not limited to, any opinions or suggestions made by any pal1)' regarding a possible settlem<nt;
any admissions made during tile course of the mediation; allY proposals or opinions expressed by the mediator; and any responses
given by any party to opinions, suggestions, or propoSllls.
9-21<" Standard As...mant For Tho S.,. Of Real estate. 1/00 COPYRIGHT PENNSVLVANlAASSOCIATION OF REAL TORS<!llSS.
."ian ..02(5..). RealfASW $onware Publl.hinS Inc., (c) 2000 R69fI PfAfAR222923, THOMAS S, MITROSABR.CRf. RElMAX HOMEFINDERS
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NQ privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recordings oflhe mediation will not be allowed without the prior, written consent of all parties and the mediato,.
Records, reports, and other documents received or prepared by the mediator or Administmtor cannot be compelled by an arbitration,
judicial, or o1her proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all
the parties.
Neit\1er the mediator nor the Administrator can be compelled to testify in any proceeding regarding infonnation given or
representations made either in the course of the mediation or in any confidential communication.
9. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and
all parties will sign the written agreement within ten days ofth. conClusion of the mediation conference. Every reasonable effurt
will be made to sign the written agreement at rhe end of the conference.
10. Judicial Proeeedings and Immunity NEITHER THE ADMINISTRATOR. THE MEDIATOR, THE NATIONAL ASSOCIATION
OF REAL TORS@, THE PENNSYLVANIA ASSOCIA nON OF REAL TORS@, NOR ANY OF ITS MEMBER BOARDS, SHAll.
BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO
MEDIATION UNDER THESE RULES AND PROCEDURES, NOR SHALL ANY OF THEM SERVING UNDER "ffiESE
PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY
SERVIcE OR THE OPERATION OF THE HOME SELLERS/HOME :B UVERS DISPUTE RESOLUTION SYSTEM.
S-2K . StsndJord Agre.m.nt For Tho Sale Of Re.1 Estate, 1/00 COPYRIGHT PENNSY\. VANIA ASSOCIA TIOI'< OF REA~ TORSGl199B
...ion 6.02{5.~, R..IFA$TIOl SQ~wsre Publishing Ine" (e) 2000 Reg1l PPAPAR222923, THOMAS S, MITROS,ABR.CRP. RElMAX HOMEFII'<DERS
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:"i, WIC I(ERSHAIV~l
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September 27,2001
sINd 1888
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, P A 17011
Other Offices
Colonial Park
717-652-7020
Mechanicsburg
717.691-5577
Shippensburg
717-530-7515
Re: Thomas Mitros &
Thomas & Hellen Snyder
(C
Dear Attorney Morgan:
As I am sure that you recall, the Snyders and Mr. Mitros had a contact to sell the piece of real estate
at 575 Newville Road in Newburg, Pennsylvania. Under that listing contract, Mr. Mitros is due
some commissions with respect to the sale of that property. I am writing to make formal demand
for such commission in the following amounts:
(Q)
A.
$19,500 due to Mr. Mitros under Paragraph 7.A. of the listing contractfor
supplying a buyer, willing to purchase the property for a price accepted by the
Snyders.
p
B.
$21,000 due to Mr. Mitros under Paragraph 6.A. of the listing contract for the
actual sale of the property.
v
The total amount due to Mr. Mitros in connection with the sale of the Newburg property is
$40,500. Please advise the Snyders to make payment in that amount to Mr. Mitros not later than
October 31, 2001. Payment should be sent to this office.
lithe Snyders wish to contest the validity of this debt, please contact me so that we may discuss
the issue.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Document #: 217114,/
James E Carl
Edward E. Knauss, IV'"
Jered L. Hod<
Karl R Hildabrand*
Steven p, Miner
Clark DeVere
E, Ralph Godfrey
Steven C. Courtney
Francis r Lafferty, IV
David H. Martineau
Andrew W Norfleet
Steven C. Skoff
Melissa L. Stickel
., Board Certified in civil
trial law and advoCf1Cll
David H. Martineau
cc: Thomas S. Mitros
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
; NO. 0/-(2 '101
Defendants : JURY TRIAL DEMANDED
NOTICE
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Document #: 215527.1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
NOTICIA
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se
Ie advierte de que si usted falia de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0
cualquier otra rec1amacion or remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VAYA A LA SIGUlENTE OFICINA PARA AVERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Document~21552Z1
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support
thereof, avers as follows:
I. Plaintiff, Thomas S. Mitros, is a adult individual having his primary residence at
207 North Prince Street, Shippensburg, Cumberland County, Pennsylvania.
2. Plaintiff is a real estate agent, licensed by the Commonwealth of Pennsylvania, and
is the sole broker / proprietor of Re/Max Homefmders, 115 East King Street, Shippensburg,
Cumberland County, Pennsylvania, 17257.
3. Defendant J. Robert Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
4. Defendant Helen T. Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County Pennsylvania.
5. On or about April 4, 2000, Plaintiff and Defendants entered into a written
Listing Contract by which, the parties agreed that Plaintiff would fmd a buyer for the
Document #: 202007.1
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Defendants' home at 575 Newville Road, Newburg, Cumberland County, Pennsylvania
(hereafter, the "Property"). A true and correct copy of the Listing Agreement is attached
hereto, incorporated herein and marked as Exhibit" A" .
6. The Listing Contract is a contract, binding upon both parties.
7. The Listing Contract provides that Plaintiff shall have the sole right to sell the
Property between April 4, 2000 and May 4,2001.
8. Under the Listing Contract, Defendants agreed to pay Plaintiff a commission of six
percent (6 %) of the sale price of the home under each of the following conditions:
a. If the Property, or any ownership interest in it, is sold or exchanged during
the length or term of the Listing Contract by Plaintiff, Plaintiffs agent, Defendant, or any
other person or broker at three hundred fifty thousand dollars ($350,000) or any price
accepted by Plaintiff. (Listing Contract - Paragraph 6.A.)
b. Negotiations pending at the time of the end of the contract result in the sale
of the Property. (Listing Contract - Paragraph 6.B.)
c. Defendants sell the Property within 180 days of the end of the contract to a
buyer that has been shown or negotiated to purchase the Property during the time of the
Listing contract. (Listing Contract - Paragraph 6.C.)
d. Plaintiff finds a willing buyer for the Property at three hundred fifty
thousand dollars ($350,000) or a price that is accepted by Defendants but the sale does not
occur. (Listing Contract - Paragraph 7.A.)
Document #173211
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9. The Listing Contract defines a "willing buyer" as "one who will pay the listed
price or more for the property, or one who has submitted an offer accepted by seller."
10, On or about June 6, 2000, Defendants entered into a Standard Agreement for the
Sale of Real Estate (hereafter, the "Sale Agreement") with Anthony J, Buzzelli and
Marta M. Buzzelli (hereafter, the "First Buyers"), willing buyers found by Plaintiff. A true and
correct copy of the Sale Agreement is attached hereto, incorporated herein and marked as
Exhibit "B".
11, Under the Sale Agreement, the Fist Buyers offered and the Defendants accepted
the offer to buy the Property for the price of three hundred twenty five thousand and 00/100
dollars ($325,000.00).
12. The First Buyers constitute "willing buyers" under the Listing Contract.
13, Upon acceptance of the First Buyers' offer, Defendant became obligated to pay a
commission in the amount of nineteen thousand five hundred and 00/100 dollars ($19,500,00) to
PlaintiffUllder Paragraph 7.A. of the Listing Contract.
14. After the Sale Agreement was entered into, but before closing could occur,
Defendants negotiated to sell the Property to Community Refuse Services, Inc., a corporation,
formed under the laws of the Commonwealth of Pennsylvania, and having its registered address at
100 Oregon Street, Mechanicsburg, Franklin County, Pennsylvania (hereafter, "Community
Refuse").
15. On or about September 15, 2000, Defendants sold the Property to Community
Refuse for the sale price of three hundred fifty thousand and 00/100 dollars ($350,000.00).
Document #173211
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16. The sale of the Property to Community Refuse was in violation of the Sale
Agreement.
17. Upon the sale of the property to Community Refuse, Defendants became obligated
to pay a commission in the amount of twenty one thousand and 00/100 doIlars ($21,000.00) to
Plaintiff under Paragraph 6.A. of the Listing Contract.
18. The commission Plaintiff and Defendants agreed to for the sale of the services
rendered by Plaintiff and on behalf of Defendants is a fair and reasonable commission for the
services rendered by Plaintiff, and was the commission that Defendants agreed to pay.
19. Defendants accepted the services provided by Plaintiff pursuant to the terms and
conditions of the Listing Contract.
20. Plaintiff, by and through his attorney, has provided to Defendants, by and
through their attorney, a statement of the account accurately showing all commissions owed by
Defendants, which included statements of how each commission arose. A true and correct
copy of the most recent statement of account is attached hereto, incorporated herein and
marked as Exhibit "C".
21. Despite Plaintiff's reasonable demand for payment, Defendants have failed,
refused and continue to refuse to pay all sums due and owing to Plaintiff, all to the detriment
of Plaintiff.
22. Plaintiff has performed any and all conditions precedent to the bringing of this
action,
Document #173211
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COUNT I
WRITTEN CONTRACT
23. Paragraphs 1-22 above are incorporated by reference.
24. Defendants have accepted the services provided by Plaintiff pursuant to the
terms and conditions of the Listing Agreement.
25. Despite Plaintiffs reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay all sums due and owing on Defendants'
account balance, all to the damage of Plaintiff.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and
Helen T. Snyder, in the amount of forty thousand five hundred and 00/100 Dollars
($40,500.00), interest on that amount, the costs of this action and such other relief as the Court
deems just and proper.
COUNT II
OUANTUM MERUIT
26. Paragraphs 1-25 above are incorporated by reference.
27. The aforesaid amount of forty thousand five hundred and 00/100 Dollars
($40,500.00) is the fair and reasonable value of the listing services Defendants by Plaintiff.
28. Despite Plaintiffs reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay the fair and reasonable value of the services
provided to Defendants plus any accrued interest, all to the detriment of Plaintiff.
DOcUD1ent #173211
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WHEREFORE, Plaintiff, Thomas S. Mittos, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
COUNT III
UNJUST ENRICHMENT
29. Paragraphs 1-28 above are incorporated by reference.
30. Defendants would be unjustly enriched if they were permitted to benefit from the
services provided by Plaintiff without paying the commissions owed to him.
31. The aforesaid listing services provided by Plaintiff and accepted by Defendants
have enriched Defendant.
32. Said enrichment would be unjust if Defendants were not required to pay the
commissions owed to Plaintiff, and said Defendants accordingly are obligated to Plaintiff for said
amount.
WHEREFORE, Plaintiff, Thomas S. Mittos, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.c
Document #173211
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Date: !J'II'", J,.,r
Document #173211
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METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
V-----7JP' ,L
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which we have
furnishedto counsel, as well as upon information which has been gathered by counsel and/or
others acting on my ,behalf in this matter. The language of the Complaint is that of counsel and
not my own. I have read the Complaint, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information, and
belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such ,
counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid
Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
falsification to authorities.
~~
, omas S. Mltros
~
Date: /;,1-:# f
Document #173211
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eg/12/Zeel 04:14 ,7175324380
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PAGE 21
LISTING CONTRACT
"l'lUs EJCCLUSIVE lUGHT TO &ELL REAL PROPERTY XLS
ibr:oJ. ~e-aded 8:I:Id. ~ved :fQr* but .(lOt rcst:r.kted to _00 by* the members of 1tlo PGJdS)'IV8Oi* Assoclatioo r4 REAL TORSe (PAR)
lOKJilR (Company) "';;:"'':::: :nM~"ift"PftQ
~($) rt'h^............ ~ ....;,+-_....<;;:
:LLER.
is Robert Snyder
"e~en T snyder
PROJ'EIlTY
A~~' ~7~ N_~f'l~ Rn~A~ N_~h.~+g
Municipa1ity(city, borough., wWnsbip) R.....-.-..~_ll Tn_....._hi:v
County r-.~'h6.....1 ='I....n Sehool District .$ H L'-"-e,.,...-$~~
z.,.,iDg and l'resent Use
Xden .~ .:!'wnber (Fo~ _pI... twtldentifica 'm number; -""!4'umber; deed boo!<, pase. ~ dMe)
LlS'l'ED PRICli; $ J;;,s-,,-,.1 {} '" 0
~
Sl'All'l1NG ~ ENDING DAo.'l'~ OF LJSTJNG CONrRACT (al.o <:ailed ..'l'erm.")
Ao.. No Association ot"REAL'l'OllS lias '..... or recommended the __ orthis oontracL By law the length .. texm ora listiog oonttact
may not exceed one yar. seUe;r- snd Broker hd'.vc d1s....2':"~ and agreed up<Jn the length or krm of this contract.
B. StartingDafe' This Cont>:act starts when sigo,e<l by Seller BUd Broker. unless otherwise stated here: .
c. li:oadbIgDate: This Contract ends on "*~V <4 ::2..oeu
.
PUlU'OSE OF 'IHJS CONrRACT
sell.,.. is hlrilla Broker to market Proper.!'....d to find .. buyer. Seller Will refer aIlotR:rs and in~uirles to Broker. Seller allows
Bro\<l:r to use print. and/or electronic advertising. Broke<- i. actinS as Seller Asent, as descn"bed m the Consumer Notice.
BROKER'S _E
No Assoclatlon of"llEAL TORS has _ or r",?~ed 1he Brok...s Fee. Seller and Broker /1a_ ""IIotIated the tee 1hat Seller
will pay Broker. The Bro\ce,r'..Fee is __ otY:&om the sale price and paid by Seller.
COO:PERATlON WITH 0"1'B:ER _O~
L_ hu _lained Broker'. _ policies about coopersting wi1h other _. Seller and Brok..- "gee that Broker will
pay from Brok.... IFee: _
A. A ti>e to al1o_ ....Cllao~o re",__ _ SeU"" (SUllAo.GENT).
o No I8l YesIl'Yes.amoum: ..3 of7fromthosa1eprice.
n. A lee go -_ brol<er who rep""""'flI a ....yer (BtnrEll.S AGENT). A Bay....'. Ageot, __ if' ""__ by Hrok"..
.... Sell<<, _ ~_Dt'_ __a 01"_ ....yer. ..3
W No I:!lI Yes lfY.... """<>unt: ot7fi"om lb.. Sale price.
C. AI...... a_beLbrobr who d........... ....pt'......... eltl.n tbe SeD..r or a buy.... ~"'CTION LICENSEE).
W No I:!lI YesIfYes,amoont: :3 of7u-O<Illbesa&l'ri_
PAY1lIEN'l' OF BROKJ;:R.S _Ii:
A. Se1ler will pay Braker.1I Pee: If'PmpeJl."ty,. .. amy OWIler....ip mtflrest iJI i~ is _ld or adaaaged durIDg 8le -.- OJ:' term
oftJds C__""byB..........,B...br'.......... Seller,... by ""y _.... penoo ... bro.......att.... listed .....""or IIIIYpriceaeeepiable
to Seller.
JJ_ Seller will pay JJroker's Fee ifnegotiationsthat are pending at the Ending Date of thi. Con"at:t TeSIl!t In a sale.
C. Seller will pay BrokeJ:'. Fee after the Ending Date of this Conttaet IF:
(I) A.ale occurs within 1 ..n ~ ..fthe Ending Date, AND
(2) The buyer _ ohowu .". n~ to buy the Property during ...... tenn ofthio <:on~.
SeIler_ ..ot owe JJ."......... Jree if'tIle Pr<>per1y is U.fled ....d.... aa ....~_ rjgJd to...D eootnlet" _ a_ller
bc"o19or lit th.. time of"lho> .sale. .
ROIO!:R'S FEE llF SA.LE DOES NO'l' OCCUR
A. SeDer _ pay __.... Jfee if'a .-eady, _g. aDd able bay.... is Ib_d by B_.... by a..,....." btdudll1g Sen.....
A wlUlng ~ is one who will pay the 1_ price or more fbrlbe Ft_, or on" who has su__ an 0_ aecepted by SeD.,,-.
B.1fthe Property tt any part ot"it is....... by any govannnent for public use (Eminent o.-..in), SoU... will pay Brd<er
of1ttom lUly m01lley paid by the llOVermnent.
C. Jf: a buyer oigQs an ageenlent ot" sale then refuses to buy the Property. or If a buyer is _Ie to buy it because of lirilinS to do
at! the things. Teq\1lred of"the ba,<o: in th.. __ of sale, Sell"" will pay Broker;
(1) ~n", of7ttom buyer's deposit mati...... OR
(2) the ...._. Fee in Plu"agr:aph 4. whichever Is les8.
DU..u:. a.GJl;NCY
Seller __ that :Brok..- may also represent the buyer(.) of the PrOperty. Broker is a DUAL AGENT when represent1n8 both
Seller and_buyer in the sale ofa propm:y. .
DesW-- Ageaey
o Not Applicab....
181 App!k8ble' &olc...-, as the:ou..1 Agent, may _smote Ii~ to ",..._t the .eparate> interests of Seller and the lmyer.
Lioensee (idl!!llltilied above) is the DeslIJI"lkd Ajl<mt. who willacl "",elusively lIS the Sellet Agent.. lfProperty is Introduced
to the ~ by a Hc:ensee in the Company who .. not represarting the buyer, then that Hceu.see Is authorized to won.: on
bebalf of Seller _ lfI..Ieensee is also the Buyer Agent, then U"""""" is a DUAL AGENT.
QJD!:R'S SERVICES "IO BUYE11
:Bxok<lr may pw:ovi4e &eM""" to a buyer fOr which ar_ ....y a<:cept a fee. Such ~ _ ineb.Jde, but are not limited to,
deedI<loeumc:Dt p...........ion; ordering certifieatlons required tor elosing; financial_; title _ ....d pr~OIl &eM.....;
OI'dedng insurance. _. rq>air. .". inspeetion services. Broker will disclose to Seller If'any &as are to be paid by:Buyer.
~11"9. 0P8nn2;yJVanl.a~onorREALTORS4111998
6.02(d.5). RlMfFA.S'T8--SQftwarePubliShlng Inc.. (c) 200D R. PPAP~. THOMAS S_ MrrROS,ABR.CRP. R~ I-tOMEFaNDERS
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OTHER PROPER:rms
Sell... asrees tbat Bnl....... may list ott.... l'.vp.:rties fur sale and that Broker may show Orb... propenies '0 praspective \myen.
COro;'L[Cl" OF INTEREST
f'- '''''!flic' <!f tnterear is when Broker or Licensee has a finan<>ial or personal interest where B>:oker or Llcea_ cannot put Sell...'s
=;:.~ any oIIt.... I1'the B>:ok.... or any ofB>:oker's salespeopl.., has.. "<"IIlict <1fi7/tere.r . B>:ok.... will notllY SelIe< in a
SETIL:EME:NT AND POSSESSION
A. l'reJio<red Settlement Dale:
B. Seller will sm> pOllSession of the Property to Buy... at settlem....t or on
C. (1) lfthe J'ropeorty. or any """" 0I'!t. is T"';'ted. Se!1'" will give any leases to Broker befure signing this ~act.
q:"~n~ ~":l= Sen... ..111 prOVJ.de a wntten """''''''''Y oI'the tenns. including amount ofrent,. ending dare, and
(3) Seller ,will not enter into or r....ew any lease during the """"" of1bl. ConJracl e><<:ept <IS fellow<:
TITLE
A. At settlement,. Sell<< will gI\/e full rights of ownerShip (fioe simple) to a buyer except as rollows'
(1) Mineral Rlshts Agreements, .
G2) Other
B. SCY~~'b
No Mortl!ll8e wi1h
^~
A<:ct. #
a Yes CJ No E'lui1;y loan with
Address
Aoct. #. A1;nount of bo.lPnt:e S
CJ No Seller authorizes Brol<..- to receive mortsase payoff and/or equity lean payofflnii>rmation tro.n the lender.
o No P_ Doe"laxes Amount owed :5
o No Judgments Amount :5
Type
a No MUJ1IciPal ^,",,,,,,,,,,ent> Amount:5
o No Other
Amount $
C. I1'Scller. at anytimeonor slneeJanuary 1. 1998, bas been obllgated'OPl\Y supportunderan _thlltisonrecord inanyPonnsylvanla
cOUntY. list the COUIl1;y and the Domestic llelations Number or Docket Number:
Amcunt ofbalsnee S
Phone
Phone
Dyes
ayes
Dyes
IdY""
Dy...
, Mt1LTIPLJt LlS"l.'ING s:ERVICE (MI.$) (Complete ifB>:oker is a member ofan MLS)
I:!lI Bra""'" will use a Multiple Listing Service to adwttlse the Propen,y to other r~ estate ...le.sp....on.s. who can tell their client>
and cus-""'" about/to SelteragreesthattheMLS, theIlroker, _ LI""""""arenotrespoDSible rornmtak"" intheMLSdescrlption
.-I'fthe Property.
J...I Broker will not WlO a Multiple LlJlting Service to advertise the Property to other real estate sat_soos.
rullLlCATlOJ!il OF S4LE l'lUCE
A. Soller is a........ tbat n~ IUaYpublisb the final sale price after .~tlement.
:a. &oller will allowpublisbing oI'the sate price after Seller """"l"S an ^_ent 01' Sale.
I:!iiI Yes D No
T~"'KE~
o Yes I:l
Dyes 0
&oller all."." (where ~tted):
No Sale 81gb '-' Yes 0 No Sold Sign
No Key in OfIice OYes 0 NoLockIlox
No
U"ltMS INCLlIDED IN THE PRICE OF THE PllOP.ERTY
A. r:ocluJed in th,. sale lIIld pu<d1Me price are all existing __ permanently installed in the l'\u-","",>" free of liens. includinS plumbing;
heating; lighdngtiodures (inclw:ling ~deliersaod ""niDg fimB); _tertreatm_ ~tems; pool_ _equlpalent;sarage doG<" openers
and transmitters; television _as; sbrubbery. p_gs, and ""potted ,trees. any .......Ai"l..lil heating and cod<inS 1iJeIs stored on
the ~ lit _ time cC _ement; wall... wall carpeting;' o:o_S hardware, shades, and bliDds; bulli-in air ecnditl.cuep;
built><n lIPPl;~ft....... and theran.eloven. AJso included: ,
B. See -.:bed _ fur additi"""ll....... included in the sat...
J:n:MS NOT INCLnDED D<f THE PlUC:E OJ! THE P.RO_.fY
The mUowlnS _ are no< included 10 the pnrchsso and price of the Property.
A.. ........~~ ,'Ar~~........,,4~~
B. :I@!ls rented by _ Saller
c. J:J See aUaohed 0&_ fur additionalltemll not included in the sale.
~.T..... WILL REVEAL DDECTS ANDIO:R :EJ:<iVJ:RO~AL HAZARDS
A. Seller (includingSellersexempt1t<>m the ~E_" 5e\l<ll".DlsclosureJ\ct)WiIl dilIclose allla1<>wnmaterlald_ AtldenvlMtuuental
huards on. ___""westa1Cin-',Am_ial_ is.. pnlblem. or conditionthat:
(1) ilia possible danger to those livlDg on theP>.up""ty. or '
(2) b..... a l5IsnIficaot adverse etf'ect on the _blo of the 11'10"'" ty.
B. If Seller iails to tell oI'lmown material _ and/or enviroomeotal hazards.
(1) &oIl<< will not hold Broker or LIcensee .--sible In any way;
(:2) Seller will ...- B>:oker and Li___ li:_ oo,y _.. lawsuits. and acriona that result;
(3) Sell.... -will _ all of _. and Llcensee's eostll th81: rew1t. This locludes attuneys' fees and court__ed payments or
...~11188 oPennaytvani8 "'fiB -- "anofRI!ALTOR8e1998
6.02(5.8). RealFA$T'4D ScflWate Publlahing InC., (c) 2000 R.egfJ ~APA.~23. THOMAS S, MtTRO$.ABR.CAP. REIMAX. HOMeFlNDERS
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- scUlenu!lllts (mooey Proker or Licensee ~ays to end a la-wsuit or clahn).
I. .Il" PROl'EJlTY WAS BUJL T BlWOltE 1l'78
The llesI""",tiaI Lead-Based Paint, Ho_d ~ Act sa>", that any Seller ofproP"rty "'-'lIt l>e1We 1978 m_ gi.....the Buyer an El'A
_phlettil1ed ~ Your FauulY from. lead mY""" Home, The Sell.... also must tell the Bu;yw and the Brok<< what the Sell.... knows
about Iead-~ _t ~ lead-;bO$ed paint h~ that ..... m or an thepropen;y beins sold. Seller must tell the BuJoec how theSeUer
kn.".,. that 1ead-based pa~ and lead-based _ hazarrds ...... on. the pl"ope;tty. _ere the lead-based paint and leod-based paint hazards
are. tJ)e eondition of the painted surfaces, .....d "uy other ~on Seller ~ about lead-based paint and lead-base.t paint bllZaAds
On 1Iw Pl"~. Any Sellerofa ~1l'78 ~m_also81vetbe B>7eranyreecrds andrepons that th.. s"U.... has or <:an get about
le,uf,'!'"sed paint or lead-baoed paurt hazards II1 or aroond the propert;y beinS sold. fit.. _on ....""". CIl" other dwelliDgs Inmu1ti-fi!mlly
bOUSlDg. Accordlngw the Act,. a Seller m.... g>_ a Buyer 10 days (unl..... Seller 8Ild ~ _to a dffi"ereut poriod of time) In>m
the tllne an ~t of Sale Is signed to ha~ a "risk a......sment. Or ~on tbr possible lead-based paint hazards dQne OIl the
~. Buy..... nl;i1:f <:boas.. nat to have the risk ..""""....et)t or inspeetlon tbr lead paint hazards done. It"Buyer choo_ not to bave
the assc:ssmeut or i:ospecti(;Q~ Buyer ~~ in1brm the Seller in writing of the choice. The Act does not .-equire the Seller to inspect fur
1ead l"'urt hazards or to COITect lead _ ba2:.ards on the Pl"ope;tty. The Act does not apply to h......ins built In 1978 or later.
,. DEl'OSrr MONEY
A. Broker. or ony person Seller and the II>uycr oaroe in the Agreement of Sale, will keqJ all deposit monies paid by or fior the buyer
In.... -.ow - ltbeIdby Br<lker. this escrow 8<lCO\Int will be held.. required by real _I''''''''"o,glaws andresuJallono..
Se1leT agr..... that the person keepins the depc>slt mooi... may ....it to deposit any...,.,..sh..d check that is.......nved as depa>i-t mme)'
tm:Ii1 Sen.... has ao<:epted an of6:a-. ' '
-B. tfSel1ec joills Broker or Licensee in a laW$U.it. tOr the return of deposit mQlies,. Seller will pay Bto~s and Li~'s att<<neys'
:1:_ and cost,s.
" lUilCOVb.Y FIJllU)
Pelmsyl...nia bas .. Real Es_ R_er:r Fund (the Fund) to repay lU1y person who has recel-.l a f"mal court rolIng (civil judgment)
asamst a pe:a;nS;Yivania real estate ~see ~e of:li'aud., misl ~p-",CSCIltation. 01:' deoeit in a Teal estate ~ac:tion. The J;<'und .repays
per.""s who have not b<oen able to c:qlLoCt 1b.e jn<1lP""'1t after trying au lawful -)'8 to do so. For ~lele <!dails about the MaId. call
(717) 183-3658. or (800) 822-2113 (witUln PenllS)'lvania) and (717) 783-4854 ("""'ide Pennsylvanla).
, 'l'RANSJ!'ER OF TIllS CONTRACT
A. BT<tkor will natifY Seller immedl~ in wrltins If"Braker lrans1>= thi.. Contract to anolher Broker _en;
(1) Broker l;tops doing busIn....... QR
(2) Broker 1i><ms .. new real Cstat<i' bbsiness,. OR
(3) Broker joins his busines& withanolher.
Se1leT __ that Broker nl;i1:f trl>nsf'er tb;s CmtTacl; to anothe<' Bro:lrer. BrokeT will nollfy Seller immediatelY in writins wh= a
_JeT _' or 1ITok<< will 10'" the right to tTlInsJeT fltis ~ S"I1.., will1l>U.... all requirements at this Con.....ct with the
newbrok<<. '
So Should Sell..- g>"" or transfer the Property, or an own.....wp interest in it. to anyone during the term ot"thls Contract,. au OWllers
will. follow the requirementS of'thl$' Contract.
, NOTlCE TO PERSONS OJ11i'ERlNG TO SEL;L O)!l.1lE.1ST :aOUSING IN PENNSYl.V ANU..
Federal and state laws make it ill'!8'll"tbr Seller. Braker. a anyone to use RACE. COLOR. RELIGION 0< lU'LIGI01JS CREED, SEX,
DlSASILI"I"Y (ph:l'Si<:a1 CIl" mental), F:A1IInLlAL STATUS (children uncler 18 ~rs ofage,. AGE (40 CIl" <11der). NAJ:"IONAL OlUGIN.
USE OR ~G OF SUPPQRT ORGtlWE ANIMALS. or the FAce OF RELATIONSHIP OR. ASSOCIATION
TO AN INPIVlDUAL KNOWN TO tv.. v:E A PISAEIlUTY as ressons fur t'Ofusing to sell. show. or rent Pl"opertIes, loan money.
or set deposit __ or as reasons tbr any decision relating to the ...le ot"propeny.
i. NO OTHER CONTRACTS .
Sel1erwlll DOt -.". into another lIstiog a_ent with"nothe<' brok<<thm: beslns befurethe Endiog Date of'thIs Contraet..
ADDJDON;u' Oll'nBS
ONClllll'!LI.ER EN"I"ERS INTO AN AGREEMENt" OF SALE. BROKER IS NOT REQUIRED TO PRESENT Onnm. OJilllERS.
. ENTlJlE CONTRACT, de ~ not
ThIs Cootr8d: is the omtire asr-- between Broker and Seller. Any verbal CIl" written agreements that "",,"e ma ~<a<e are
"part ot"this Contract.
CHANGES'J.'O 'l:UIS CONTRA.cr
AU c:hoolges to this <:oIltnct m_ be In writing: and sillDed by Broker and Seller
SPECIA.L lNS'l'l!I.UCTIONS ' . _ ........1
. The om"" of Attomey Gen~ '".S nOlI Pl"'M>PPl"0I'e<l any s~ <:onditiotl>! or sddltional tams added by any parties. nu.y ......._
instnWtlms in the eontr=t ....- """'PlY with the PellIlsylvan", Plain Lan_e Consumer Contta<:tAct.
ADlDn"lONAL UG'OItM.<\."nON (Ol1'l'lONAL)
TAXJ:S. UI'IILlTIES, AND ASSOCIATION FEllS '
A. At settl.ement, Seller will pay ooHalt" of the rota! Real P<>tale "J"J1UJSt"er T"",es. unl..... oflterwlse stated bere:
B. Re.d ~ l'>"l'etl;y Tax Ass_eat $ , , Yearly Taxes $ ..,
Waseflnccme Till< , Per Capka Tax $
c. Estimated Utilities (trasb. _er. _, electric. gas. 011. etc.)
D. As6Ociatim. Fees $ Im:lude:
B. 0tI...-
. ~ FINANCING Seller will accept the followlnS arrangements Ibt ~ to pay tbr the Property:
o !iNYe!: wiU applY fbt a 11IO<tgage. TYI>els) otm~es &IOCept&blc to Seller arc:
JB"Yes 0 No Conventional -. a Yes NoFJIA
Dyes D NoVA C! Yes 0 No
o sell....s help to buyer (If any):
OPerln-ok.....- 4.M'---1k71 Gf REALTORse 1998
I..WCfng c:ont:ract.111118 _1"""_
B.02(5.&>, ReelFAST4D Scftwar8 PublltHnglnC.. (C) 2000 R" PPAPAA222923. THOIt1AS S. MrrAOS,AbR,CRP. REfMAX HOMEFtNDERS
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Ile" bas "ead the Cons......." Notke as adapto>d by the state Real Estate Commission at 49 Pa. Code ji35.336. All
Den must sign this CoDtract.
nICE BEFORE SIGN.lNG: IF SEJ.;LER :uA.S LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN
['TORNEY.
NER
J Elobert Snyder
S75 ~ewv~11e d,'Newburg, PA 17240-9375
rNER Ai P?P-<7 Y Z~_6~ /
6eJ..en 'r Snyde.%:
S75 NQwv~~~Q Road. New urg, ~K 17240-9375
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Fax: 717 532 4380
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STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A1S - 2J{
Thts form I'!!COInII\epde:d \l.1Jd appwved *";. buu..ot restridcd to ~ by, lJ;Ietrlbl:il$ oftl1; Penns;Y'Vatlia A$tocis.tion of REAL TC$..SI:I (PAR).
PA LICENSED BROKER PA LICENSED BROKER
LISTING BROKER (Company) RE(MAX Hornefinders SELLING BROKER (Company)
ADDRESS 115 E I<incr S~reet ADDRESS
Shiooensbur9" PA 17257 PH FAX
PH (717)532-6131 FAX (717) 532-4380
DESIGNATED AGENT FOR SELLER (if applicable) DESIGNATED AGENT FOR BUYER (if applicable)
1. This Agreement, dated June 6. 2000 , is between
SELLER(S):
Helen T Snyder
J l<obert Snyder
t:aIled "SeHer," and
BUYER(S):
~thony J Buzzelli
l'Jarta M Buzzelli
called "Buyer."
2. PROPERlY (1-98) Seller hereby agrees to .eIl and convey to Buyer, who hereby agrees to purchase:
ALL THAT CERTAIN lot or piece of ground with buildings and Improvements thereon erected, if any, kn<>wn as:
575 NewviJ1e Road. Newbura
in the Townshi n of HOOQweJ 1 ,
Conoty of Cumberland ' in the Commonwealth of Pennsylvania, Zip Code 17240
Identification (e.g., Tal( JD#; Parcel #; Lot, Block; Deed Book, Page, Reeol"lling Date)
Deed Book . Pa,oA
3. TERMS (1-00)
(A) Purchase Price Three hundred. twentv-fbre thousand dollars CS325.000_00)-------- - ........- --
---- --- ----- ----- -...-.....- ----- - -- - ----- - --- -- -- - -
Il!!!i!r~m"-:;
which will be paid to Seller by Buyer as follows:
(8) Cash or check at signing this Agreement:
(C) Cash or check within
(D) Uoon acceptance
(E) Cash, eashier'. or certified check at time of .ettlement:
~~!lb
$
$
$
$
TOTAL $
Deposits paid on account of purchase price to be held by Listing Broker, unless otherwise stated here:
day" of the e"ecution ofthi. Agreement:
(F)
5.000.00
320.000.00
325.000 00
(0) Sellers written approval to be on or before: June 14. 2000
(H) Settlement to be made on or before: Seotember 01. 2000
(I) Conveyance from SeUer will be by fee simple deed of special warranty unless olheIWise stared here:
(J) Payment of transfer taxes will be divided equally between Buyer and Seller unle.. olhetwlse sla1ed here:
(K) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where
applicable: laxes; rents; interest on mortgage assumptions; condominium fees and homeowner association fees, if llllY; water
andlor sewer tees, if any, together with any other lienable municipal service. The charges are to be pro-i'ated for the period(s)
covered: Seller will pay up to and inclUding the date of settlement; Buyer will pay for all days following settlement, unless
otherwise stlIted here:
4. FIXTURES & PERSONAL PROPERTY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items pennanently installed in the Property, free of liens,
inclUding plumbing; heating; lighting fIXtureS (including chandeliers and ceiling fims); water treatment systems; pool and spa
US--2K . SllIndard Agreement For The Sola Of Rea' Eotato, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@ 1993
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equipment; garag.e door openers and transmitters; television antennas; shrubbery, plantings and unponed trees; any remaining
heating and COOkll~g :?,eJs, stored .o~ the PI'O~rt!' at the, time ofseltlement: wall to wall carpeting: window covering hardware,
shades, blinds; butlt-m aIr conditioners; bUllt-m appliances; and the range/oven unless otheMise Slated. Also included:
(B) LEASED Items (items not owned by Seller):
(C) EXCLUDED fixtures and items:
5. SPECIAL CLA,US:ES (t-l16)
(A) ~ Buyer and Seiler have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code
935.366.
(l3) 1:81 Buyer and Seiler have received a statement of their respecove estimated closing costs before signing this
Agreement,
(C) 1:81 Buyer has re~eived the Seller's Property Disclosure Statement before signing lhis Agreement, if required by
law, (See NotIce, In:formalton Regardmg the Seller's Property DisclOSure Act.)
(P) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding
deposit money) befo,," signing this Agreement
(E) The following are part oUhis Agreement if checked:
o Sale & Settlement of Other Property 0 Tenant-Occupied Property Addendum (PAR Form TOP)
Contingency Addendum (PAR Form 130) 0
o Sale & Settlement of Other Property Contingency 0
with Right to Continue Marketing Addendum 0
(PAR Form 131)
o Senlement of Other Property Contingency Addepdum
(PAR Form 133)
1. This contract is cootingent opon Buyer receiving relevant information about
adjacent land-fill that is satisfactory to buyer, including Government reports.
2. Buyer has right of first refusal to purchase add~tional lend. First right of
~efuBsal to be fo~malized in writing 30 days after acceptance.
3. Buyers have the option to buy additional land from the seller. Details to
follow 30 days after acceptance.
6. MORTGAGE CONTINGENCY (1..(10)
o
I8J
(A)
(B)
WAIVED, This sale is NOT~o!ld!1gent on l1.lol"lgage fmancing.
ELECTED
This sale Is contingent upon Buyer obtiining mortgage financing as follows:
l. Amount of mortgage loan $ 2 ~ C . no 0
2. Minimum Term 30
3. Type ofmorrgage CnT1ventional
4. lnte",st rate 6 %; however, Buyer agrees to accept the interest rate as may be committed by the
mortgage lellder, not to exceed a maximum intert:st tale of e* ~ %.
5. DiSCOUnt points, loan origination, loan placement and other fees charg by the lender as a percentage of the mortgage
loan (el<cluding any mortgage insurance premiums or V A funding fee) not to exceed % of the morrgage
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 inle!est rate at or below the Maximum In1etest Rate specified herein with the percentage tees at or below rhe
amount speoified herein. Buyer gives SeDer the right, at Sellers sole option and as pennitted by the lending institution and
applicable laws, to oontribute financially, without promise of reimbursement, to the Buyer and/or lender to IMke the above
terms available to Buyer.
Within 10 days of the e"eeuDoll of this Agreement, Buyer will make a completed, written mortgage application to a
responsible mortgage lending instimrion. The Selling Broker, if any, otherwise the Listing Broker, is antborized to
comm unicate with the lender for the purposes of assisting in the mortgage loan proc......
1. Upon "",eipt ofa mortgage commItment, Buyer and/or Selling Broker will promptly deliver a copy of1he commitment to
ListIng Broker, jf any, otherwiSe to Seller.
Mortgage comroitmellt date Jul v 28.2000 : Ifa written commitment is not received by Listing Broker,
if any, otherwise by Seller, by rhe above date, Buyer and Seller agree to extend the commitment date until
Seller terminates this Agreement in writing.
Seller has the OptiOIl to terminate this Agreement in writing, on or after the mortgage commitment date, if the
mortgage commitment:
years
(C)
2.
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a. Is not valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement Qf any other property, OR
c. Contains any other condition not specified in this Agreement
4. In the even.t Sell~r d?es not terminate this Agreement as provided above, Buyer has the option to tenninale this
Agreement In wriung if the mortgage commitment:
a. Is not obtained by or valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement of any other'property which do not occur by the date of settlement,
OR
c. Contains any other condition not specified in this AlM""rnent which Buyer is unable to satisfy by the date of
settlement.
5. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of
purchase price will be returned to Buyer, Buyer will be responsible fur any premiums fur mechanics lien insunmce
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 lee, if any; AND/OR any appraisal fees
and charges paid in advance to mortgage lender.
If the mortgage lender requires repairo to the Property, Buyer wilt, upon receipt, deliver a copy of the mortgage lender'S
re([uiroments to Listing Broker, if any, ptherwise to Seller. SeUer will. within 5 days of receipt of the lendets requirements,
notify Buyer whether Seller will mal<e the required repairo at Seller's expense.
I. If Seller chooses to make repairs, Buyer will accept dIe Property and agree to the RELEASE set forth in paragraph 25
of1bis Agreement
2, If Seller chooses not to make the required repairs, Buyer wiil; 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 Wilh Seller's premiss ion,
which will not be unreasonably withheld. If Seller denies Buyer permission 10 make the required repairo, Buyer may,
witltin 5 days of Seller's denial, teMinate this Agreement If Buyer tenninates this Agreement, all deposit monies paid
on accounl of purchase price will be retUrned promptly to Buyer and this Agreement wilt be YOlO.
Seller Assist
I8l NOT APPLICABLE
o APPLICABLE- SeUer will pay:
o $ , maximum, toward Buyer's costs as permitu:d by the mortgage lender.
o
FRAN A, IF APPLICABLE
(F) It is expressly agreed that norwithslanding any other provisions of this conlJ:act, Buyer will not be obligated to complete the
purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposi15 or otherwise unless
Buyer has been given, io accordance with HUD/FHA or V A requirements. a written 5Iatement by the Feder.l 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 the
Agreement), Buyer will bave the privnege and option of proceeding with consummation of the contract 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. HUD does not warrant the value nor file condition of lbe Property. Buyer
should satisfy himself /herself that the price and condition of the Property are acceptable.
Waming: Section 1010 of TItle IS, I.S,C., Department of Housing and Urban Development provides, "Whoever for the
purpose of. . . influencing in any way the action of such department. . . makes, passes, utters, or publishes any Statement
knowing the same to be fillse. . . shall be fined not more than $5,000 or imprisoned not more than !Woyears, or both,"
(0) U.S, Department of Housing and Urban Development (HUD) NOTlCE TO PURCHASERS:
Boyer's Admowledgement . '
o Buyer has received the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Infonnation on
Propelty Condition Inspections). Buyer understand. the importance of getting an independent home inspection .nd h.s
thought about this before signing this Agreement.
Buyer's Initials Date
(H) Certification We lhe undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this contract
for purchase are true l\) tile best of our knowledge and belief, and that any other agreement entered into by any of these parties
in connection with this transaction is attaChed to this Agreement
7. INSPECTIONS (1-98) ,
(A) Seller hereby agrees to permit inspections by authorized appraisers, repumble certifiers, insurer's representatives, surveyors,
municipal officials andlor Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further
agrees to penn it any other inspections required by or provided fur in the tenus 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 oftbis Agreement
(C) Seller will bave heating and all utilities (including fuel(s)) on for the inspections.
8. PROPERTY INSPECTION CONTINGENCY (HIO)
o W AIYED, Buyer understandS that Buyer has the option to request inspections of the Property (see Property Inspection and
(0)
(E)
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Environmenml Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragrnph 25 of this
Agreement.
~ ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buyer's expense, may choose to have inspections and/or
certifications completed by licensed or otherwise qualified professionals (see PrOperty Inspection BIId Environmental
Notices). This contigency does not apply to the following existing conditions andlor items:
(B) Other provisions of this Agreement may provide for inspections and/or certifications mat are not waived or altered
by Buyer's election here.
(C) If Buyer is not satisfied with the condition of the Property as statect in any written report, Buyer will, within the time given
fur completing inspections:
o Option 1
I. Accept the property with the information stated in the repo1"l(s) and agree to the RELEASE set forth in paragraph 25 of
this Agreement, OR
2. Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise to Seller, within the time
given for inspection, 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 Z
I. Accept the Property with the infortl\ation stated in the report(s) and agree to the RELEASE set fot1h in pllJ"agraph 25 of
this Ageement1 UNLESS the total cost to correct the cond.tions contained in the report(s) is more than
:8 5000.00 .
2. If the total cost to correct the conditions contained in tbe report(s) EXCEEDS the amount specified in paragraph S(C)
(Option 2) I, 'Buyer will deliver the report(s) to Listing Broker, if any, otherwise to SeUer, within the time
given fur inspection.
a. Seller will, within 5 days of receiving the report(s), inform Buyer in writing of Seller's choice to:
I) Make repairs before senlement so that the remaining cost to repair conditions contained in the repon(s)
is less than or equal to lbe amount specified in paragraph 8 (C) (Option 2) I,
2) Credit Buyer at settlement for the difference between the estimated cost of repairing tbe conditions
contained in the report(s) and the amount specif\ed in paragraph 8 (C) (Option 2) J. This option must be
acceptable to the mortgage lender, if any.
3) Not make repairs and nOt credit Buyer at settlement for any defects in conditions contained in the
report(s),
b. If Seller chooses to make repairs or credit Buyer at settlement as specified in pal1lgraph S (C) (Option 2) 2,
Buyer will accept the PropeI1,)' and agree to the RELEASE set forth in paragraph 25 of this Agreement
c. If Seller chooses not to make repairs and not to credit Buyer at seulement, or if SeRer faik to cboose any
option within the time given, Buyer will, within days: '
1) Accept tbe Property with the informatiQn stated in the report(s) and agree to the RELEASE set forth in
paragraph 25 ofthis Aglllement, OR
2) Terminate the Agreement in writing by notice to Listing Broker, if a'lY, otherwise to Seller, in
which case aU deposit monies paid on account of purchase price will be returned promptly to Buyer
and this Agreement will be VOID.
9. WOOD INFESTATION CONTINGENCY (14)0)
o WAIVED, Buyer understands that Buyer has the option to request that the Property be inspected fur wood infesm.tion by a
certified rest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of
this Agleement
!8l ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buyer's expense, wjll obtain a written "Wood-
Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and win deliver it and all
suppolting documents and drawings provided by the Pest Control Operator to I.isting Broker, if any, otherwise to Seller. The
report is to be made satisfactory to and in compliance with applicable laws, mortgage BIId lending institutions, and/or Federal
Insuring and Guaranteeing Agency requirements, if any. The inspection will include all readily visible and accessible areas
of all structures on the Property except the fOllowing stIuctures, which will not be inspected:
If the Inspection reveals evidence of active Infestation(s), Seller agrees, at Seller's expense and before seuiement, to treat fOr
active infeslatfon(s), in accordance with applioable laws. , .
If the inspection reveals damage from active infeStalion(s) or previous infestatlon(s), Buyer, at Buyer's expense, has the .opuon
to obtain a written report by a professional contractor, borne inspection service, or structural engineer that is limJted to
S!ructtltal damage to the Property caused by wood-destroying organisms and a proposal to repair the damage. Buyer WIll
deliver the snuctural damage report and corrective proposal to L15ting Broker, if any, otherwise to Seller, within
ctays of delivering tile original inspection report
(B)
(C)
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(D) Wit~in 5 days of recejving the structural damage repon and corrective proposal, SeUer will advise Buyer whether Seller will
!epalr, at Seller's expense and before settlement, any slructu.al damage from active or previous infestatlon(s).
(E) If Seller chooses to repair stlUClural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees
to the RELEASE set forth i'l paragraph 25 of this Agreement
(F) If Seller chooses not to repair struClural damage revealed by the report or fails to respond witbln the time given, Buyer,
within 5 days of receiving Seller's notice, will notify Seller in writing of Buyer's choice to:
I. Accept the Property with the defects !evealed by the inspection, whhout abatement of price and agree to the RELEASE
set forth In paragraph 25 of this Agreement, OR
2. Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and wi1h Seller's
perroission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the
RELEASE set forth in parnglllph 25 of tbis Agreement. If Seller denies auyer pelIDission to make the repairs, Buyer
may, within 5 days of Seller's denial, tenninate tbis Agreement If Buyer terminalEs this Agreement, all deposit monies
paid on account of purchase price will be returned promptly to Buyer and lhis Agreement wUl be VOID, OR
3. Terminate this Agreement, in which case all deposit monies paid on account of pultOhase price will be returned
promptly to Buyer and this Agreement will be VOID.
RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR J'ROPERTIES BUILT
BEFORE 1978 (1-00)
o NOT APPLICABLE
181 APPLICABLE
(A) Seller represents thllt: (check I OR 2)
181 1. SeVer has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or
aboulthe Property,
o 2. Seller has knowledge of the presence of lead-based pllint and/or lead-based paint hazards in or about the
Property. (Provide the basis for determining that lead-based paint andlor hazards exist, lbe location(s), the
condition of the painted surfilces, and other available information concerning Seller's knowledge of the
presence of lead-based paint andlor lead based paint hazards.)
Records/Reports (check I OR 2)
181 1. Seller has no reports or records perlllining to lead-based paint and/or lead-based paim hazards in or .bout the
Property.
o 2. Seller has provided Buyer with all available records and reports pertaining to lead-based paint andlor lead-based
paint hazards in or about the Property, (List documents)
(B)
(C)
(D)
Buyer'. Acknowledgment
o l. Buyer has received the pamphlet Protect Yo"r Family/rom Lead in Your Home and bas read the Lead Warning
Statement contained in this Agreement (See Environmental Notices).
Buyer'. Initials Date
o 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 records and reports pertaining to lead-based paint andlor lead-based
paint hazards identified in pal8gl'aph 10(B).
Buyer'. Initials Date
RISK ASSESSMENTIINSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling
built before 1978, Buyer has a 10 day period (unless auyer and Selleragree in writing to a different period of time) to conduct
a risk assessment or inspection of the Propelty for the presence of lead-based paint andlor lead-based paint hazards.
WAIVED. Buyer unde~tands that Buyer has the right to conduct a risk assessment or inspection of the Property to determine
the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the
RELEASE set forth in paragraph 25 of this Ag=ment
ELECTED
l. Buyer, at auye~s expense, chooses to Obtain a risk assessmem andlor inspection of the Propelty for lead-based paint
aud/or lead-based paint hazards. The risk assellsmentandlor inspection will be completed within
days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different penod of time).
2, Within the time set furth above fur obtaining the rwk assessment andlor inspection of the Pro!,el1;Y for
lead-based paint and/OJ" l~d-b$sed !,aint hazards, Buyer may deliver to Listing Broker, if any, otherwise to
Seller, a written list of the specific hamrdous condiuons 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 repor1(s), submit a writtlln corrective proposal to Buyer.
The corrective proposal will include, but not be limited to, the name of the remediation company and a completion date
for corrective measures. Seller will provide certificatiOll from a risk assessor or inspector 1I1at corrective measures
have been made satisfactorily on or before the completion date.
4. Upon receiving the corrective proposal, Buyer, within 5 days, will:
a. Accept 1I1e corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph
181
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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.
S. Should Seller fail to sublllit a written corrective proposal within the time set fol1h in paragraph 10(0)3 of this
Agreement, then Buyer, within S days, will:
a. Accept the Property in writing, and agree to the RELEASE set forth in paragrapb 25 of this Agreement, OR
b. Terminate 1I11s 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, Buyer and Seller cectify the accuracy of their respective statements, to the best of
their knowledge,
11. NADON CONTINGENCY (1~0)
(A) Seller represents that: (cneck appropriate response(s))
[gJ 1. Seller has no knowledge concerning the presence or absence of radon.
o 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., chalCoal canister, alpha track,
etc.), and with the results of all tests indicated below:
DATE TYPE OF TEST RESULTS (picocurieslliter Or worldng levels)
COPIES OF ALL A V AlLABLE lEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EITHER THE METIlODS OR RESULTS OF 1HE TESTS,
o 3. Seller has knowledge that the Property Underwent radon reduction measures on the date(s) and by me methodes)
indicated below:
DATE RADON REDUCTION METHOD
W AlVED, Buyer understands that Buyer has the option to request that the propertY be inspected for radon by a certified
inspector (see Radon Notice). BUYER. WAIVES lHIS OPTION and agreesll;) the RELEASE set forth in paragIaph 2S of this
Agreement.
ELECTED
Buyer, at Buyer's expense, has lbe option to obtain, from a certified inspector, a radon test of the Property and wiD deliver a
COpy of the test report to Listing Broker, if any, otherwise to Seller, within days of the execution of this
Agreement. (See Radon Notice.)
1. If the test report reveals the presence of radon below 0.02 working levels (4 picocurieslliter), Buyer accepts the
Property and agrees to tbe RELEASE set furth in paragraph 2S of this Agreement
If tbe test report reveals lhe presence of radon at or exceeding 0.02 wol!cing levels (4 picocorieslliter), Buyer will,
within days of receipt oftbe test results:
Option l
a.
b,
181
o
(]:I)
2.
o
o Optiolll 2
a,
b.
c,
Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 ofthi. Agreement, OR
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
Submit a written, corrective proposal to Listing Broker, if any, otherwise to Seller. The corrective proposal
will include, but no! be limited to, the name of the certif",d mitigation company; provisions for payment,
including retests; and wompletion dete for co~ctive measures.
1) Within 5 days of receiving the corrective proposal, Seller will:
a) Agree to the tetms of the corrective proposal in writing, ill which case Buyer acceptS the Property
and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b) Not agree to tbe terms of the corrective proposal
2) Should Seller not agree to the tenns of the cOlTective proposal or fail to respond within tbetime given,
Buyer will, wilhin S days, elect to:
a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this
Agreement, OR
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.
b)
Accept the Property in writing and agree to the RELEASE set forth in paragraph 2S of this Agreement, OR
Subm~ a written, corrective proposal to Listing Brol<:er, 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 corrective measul'!s. Seller will pay a maximum of $
toward the total cost of remediation and retests, which will be completed by settlement
S-2K _ Standard Agreement For Tho 5.1. Of ~..I estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@ 1900
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12. Sl'A TUS OF WATER (HlO)
(A) Seller represents that this property is served by:
o Public Water
181 On-site Water
o Community Water
o None
D
(B) WATER SERVICE lNSJ'ECTION CONTlNGENCV
o WAIVED. Buyer ack.nowledges 1hat Buyer has the option to request an inSpection of the water service for the Property,
BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agr:eement
r8I ELECTED .
1. BlIyer has the option, within 60 days of the execution of this Agreement and at Buyers 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 lIIld provide access to the on-site (or individual) water system, if applicable, at Seiler'S expense,
if required by the inspection coropany, Seller IIlso IIgrees to reSlore the Property prior to settlement
3. If the report reveals that the water service does not meet the minimum standards of any applicable goverrunental
authority and/or fails to satisfy Ibe requirements fur quality and/or quantity set by 1he mongage lender, if any, then
Seller will, within 5 days of receipt ofthe report, notify Buyer in writing of Seller's choice to:
a. Upgrade the water se""ce to the minimum acceptable levels, befo,," settlement, in which cllSe Buyer accepts the
Propelty and agrees ID the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the wa"'r service.
4. If Seller chooses not to upgrade the water service to minimum acceptable levels, or fails to respond within the time
given, Buyer wUl.. withill 5 days, either:
a. Accept lbe Property and the water service and, if required by the mortgage lender, if any, and/or MY
governmental authority, upgrade the water service befure settlement or within tbe time required by the mortgage
lender, if any, "lld/or any governmental authority, at Buyer's expense and with Seller's pennission, whichwill
not be unreasonably withheld, and agree to the RELEASE set forth in palllglaph 25 of this Agreement. If Seller
denies Buyer permission to upgrade the water service, Buyer may, wilbin 5 days of Sellers denial, terminate
this Agreement. If Buyer terminates this Agreeement, 1111 deposit monies paid on account of purchase price
will b<: returned promptly to Buyer and this Agreement will be VOID, OR
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be VOID.
13. STATUS OF SEWER 0-(0)
(A) Seller represents that Property is se",ed by:
o Public Sewer
r8I Individual On-lot Sewage Disposal System (See Sewage Notice I)
o Individual On-lot Sewage Disposal System in Proximity to Well (See Sewllge Notice J; see Sewage Notice 4, if
applicable)
D Community Sewage Disposal System
o Ten-acre pennit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3) J
o None (See Sewage Notice I)
o None A vailablelPermit Limitations in Effect (See Sewage Notice S)
o
(B) INDIVWUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges Ibat Buyer has the option to request an individual on-lot sewage disposal inspection of the
Property. BUYER W AlVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of this Agreement
K . Stan~ald Ag....m.nt For"'. Sale Of Real Ii.tale, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS@1eBB
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I) If the IDtal cost of remediation and re"'st5 EXCEEDS the amount specified in paragrnph I 1 (B)(Option 2) b,
Sener wil~ wilbin 5 days ofJ:eceipt of the cost of remediation, notil}< Buyer in writing of Sellers choice to:
(a) Pay fot the total cost of temediation 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 remediation and retesls.
2) If Seller chooses not to pay for the total cost of remediation and retests, or if Seller
fails to choose either optiOD witbiD the time given, Buyer will, wi1hin 5 days, notify Seller
in writing of Buyer's choice to:
a) Pay lbe difference between Sellers contribution to remediation and retests and the actUal cost
thereof, in which case Buyer accepts the Propelty and agrees to the RELEASE set furtb in
paragtaph 25 of this Agreement, OR
b) Terminate this Agreement, in which case 1111 deposit monies paid on account of purchas. price
will b<: returned promptly to Buyer and this Agreement will be VOID,
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12!:1 ELECTED
L Buyer has the option, within 60 days of the execution ofthis Agreement and at Buyel's expense, to deliver
to Listing Broker, if any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the
individual on-lot sewage disposal system.
2. Seller agr;ees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the
inspection company, empty the septic tank, at Seller's expense, Seller also agrees to restore the Property prior 10
settlement.
3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller
will, within 5 days of receipt of the report, notify Buyer In writing of Seller's choice to:
a. Correct the defects before setttemel1~ including retests, at Seller's expense, in which case Buyer accepts the
Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not correct the defects, or if Seller faUs to respond within the time given, Buyer will, within
f days, either:
I) Aceeplthe Property and the system and, if required by tbe mortgage lender, if any, and/or any
governrnenlllt authority, correct !he defects before settlement or witbin tbe time required by the mortgage
lender, if any, and/or any governmental authority, at Buyer's sole expense and wi!h Seiter's permission,
whicb will not be unreasonably withbeld, and agree to tbe RELEASE set furth in paragraph 25 of this
Agreement. If Seller denies Buyer pennission to correct the defects, Buyer may, wi1bin 5 days of Seller's
denial, lenninate this Agreement. If Buyer terminates this Agleemen~ all deposit monies paid on account
of pUl'C!)ase price will be returned promptly to Buyer and this Agleement will be VOID, OR
(2) Tenninate this Agreement in writing, in wbich case all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOID.
4. If the report leveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may,
within 5 days of 1be repolt, submit a corrective proposal to Selling Broker, if any, otherwise
to Buyer. The correetive proposal will include, but not be limited to, the name of the remediation company; provisions
for payment, including retests; and completion date for cOlTective measures. Within 5 days of receiving Seller's
corrective proposal, or if nO corrective proposal is reeeived within the time given, Buyer will:
a. Agree to the terms oflbe corrective proposal, if any, in writing, in which case Buyer accepts the Property and
agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Accept tbe Property and !he system and, if required by the moltgage lender, jf any, andlor any governmental
authority, correct the defects before settlement or within the time required by the mortgage lender, if any, and/or
any governmental authority, at Buyer's sole expense and with Sellel's pennission, which will not be
unreasonably withheld. and agree to the RELEASE set for1h in paragraph 25 of this Agreement; If Seller denies
Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denia~ terminate 1his Agreement
If Buyer tcnnimitGs this Agreement, all deposit monies paid On acCOUl1t of purchase price will be returned
promptly to Buyer and this Agreement will be VOID, OR
c, Terminate this Ag",emenl 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.
14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (l.QO)
(A) Seller representS as of Seller's execution of this Agreement, lbat no public improvement, condominium or homeowner
association assessments bave been made against tbe Property whiob ",main unpaid .and that nO notice by any government or
public authority has been served upon Seller or anyone on Seller's bebalf, including notices r;elating to violations of zoning,
housing, building, safety Or fin: ordinances which remain uncorrected, and tbat Seller knows of 110 condition that would
constitute violatiol1 of any sucb ordinances which remains uncorrected, unless otbomvise specified here:
(B) Seller knows of no otber potential notices (including violations) and assessments except as follows:
(D)
(E)
In the event any notices{including violations)anda5Sessments arereceivedaiterexecution of this Agreement and before settlement,
Seller will notify Buyer in writing, within 5 days ofreceiving the notice or assessment, that Seller will:
1, Comply with notices and assessments at Seller's expense, in whicb case Buyer accepts the Property and agrees to the
RELEASE set forth in pllragraph 25 ofthis Agreement, OR
2, NOT comply wilb notices and assessments at SeUer's expense, in which case Buyer will notifY Seller within 5 days in
writing tbat Buyer will:
a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set fortb in paragraph
;25 of this Agreemen~ OR
b. Terminate this Agreement, in which ease all deposit monies paid on account of purcbase price will be returned
promptly to Buyer and this Agreement will be VOID,
If Buyer fail9 to notify Seller within the time given, Buyer accepts the Property and agrees to the
RELEASE set forth in paragrapb 2S ofthis Agreement.
Buyer is advised that access to a public road may requi1e Issuance of a highway occupancy pennit from the Department ofITransportation.
Ifrequired by law, within 1Q days of the execution of this Agreemen~ Seller will order for delivery to Selling Broker, if
(C)
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any, otherwise to Buyer, on or before settlement,
1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violatioXl
of ~oning, housing, building, safety or fire ordinances, AND/OR
2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required forthe issuance oftlle
cedficllle, Sener will, within 5 days of Seller's receipt of the requirements, notify Buyer of the requirements and whether
Seller will make the required repairs/improvements at SeUer's expense.
If Seller chooses not to make 1I1e lequired repairs/improvements, auyer will. within 5 days, nolify Seller in writing of Buyer's
choice to terminate 1I1ls Agreement OR make the repairs/improvements at l'luyer's expellse and with Seller's pelU1ission,
which will not be unreasonably withheld. If Seller denies Buyer pellllission to make the required repairs, Buyer may, within
S days of Sellers denial, teuninate this Agreement. If Buyer terroinates this Agreement, all deposit monies paid on account
ofpUr<'hase price will be returned promptly to Buyer and this 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, EXCEPTING HOWEVER the
followJng: existing deed resl1ictions, historic preservation restrictions or ordinances, building restrictions, ordinances,
easements of roads, easements visible upon lbe ground, easements of record, privileges or rights of public service companies,
if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a
reputable Title Insurance Company at Wi;> regular rates.
(l'l) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company at
the regular rates, as specified in paragraph 15(A), Buyer will have the option of taking such title as Seller can give without
changing tbe price or of being repaid all monies paid by Buyer to Seller on account of pUlOhase price and SelIer will
reimburse Buyer for any costs incurred by Buyer for 1I10se items specified in paragraph lS(C) and in paraglllph I5(D) items
(I), (2), (3); and in the laller event there will be no further liability or obligation on either of the parties hereto and this
Agreement will become VOID.
(C) Any surveyor survcys which may be required by the Title Insurance Company or the abstracting attorney, for tile preparation
of an adequate legal description of the Property (or the cOlToction thereof), will be secured and paid for by Seller. However,
any su.rvey Or surveys desired 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 inswance and/or title search, or fee for cancellation of
same, if any; (2) The premiums for flood insurance and/or fire insulllnce with extended coverage, insurance binder charges Of
cancenation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Suyer's customary
settlement costs and aecruals.
16. ZONING CLASSIFlCATlON (1-00)
Failure ofthis Agreement to contain the zoning classification (except In cases where 1I1e property {and each parcel thereof, if
subdividable} is zoned solely or primarily to pennit single-family dwellings) wiIJ render this Agreement voidable at 1I1e option
of the Buyer, and, if voided, any deposits tendered by the Buyer wUl be returned to the Buyer without any requirement for
court action.
Zoning Classification:
o ELECTED. Within days of the execution of this Agreement, Buyer wlll verify mat the existing use of the Property
as is permitted.
In 1I1e event the use is not permitted, Buyer will, within the time given for verification, notilY Listing Broker, if any,
otherwise Seller, in writing that the existing use of the Property is not pennitted and this Agreement will be VOID,
in which case all deposit monies paid on account of purchase price will be returned promptly to Buyer. Buyer's failure to
respond within the time given will constitute a WAIVER of this contingency and all other terms of this Agreement
remaill in full force and effeet.
17. COAL NOTICE
~ NOT APPLlCABLE
o APPLICABLE
TIDS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND
RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRlBED OR REFERRED TO HEREIN, AND THE
OWNER OR OWNERS OF SUCH COAL MA" HAVE lHE COMPLETE LEGAL RIGHT TO REMOVE ALL' SUCH COAL
AND IN THA TCONNECTlON. DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING
OR OTHER STRUCTURE ON OR [N SUCH LAND. (This notice is set forth in the manner provided in Section I of the Act of
July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining 1I1e 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 lhe owners of the economic interests in the coal. This acknowledgment is made for the purpose of complying
with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer
agrees to sign the deed from Seller which deed will contain the aforesaid provision.
18. POSSESSION (1-98)
(A) Possession is to be delivered by deed, keys and:
I. Physical possession to a vacant building (if any) broom-clean. free of debris at day and time of senlement, AND/OR .
2. Assignment of existing lease(s), toge1l1er with any security deposits and interest, at time of settlement, if Property IS
tenant-occupied at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge
$-21< - Standard Agreement For 1'h.. ~ii1.'c Of Real Estate, l.JOO COPYRIGHT PE.."NiS"t'LVANIA. ASSOCIA110N OF REAL TORS$ \99B
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existing lease(s) by initialing said leases(s) at time of signing of llIis Agreement, if Property is tenant-occupied.
(8) Seller will not enter lnID any new leases, writlE>n extension of existing leases, jf any, or additional leases for the Property
without expressed written consent ofBuyer.
1? RECORDING (3-85) This Agreement will not be recorded in the Office for Ihe Recoming of Deeds or in any other office Or ptace
of public record and if Buyer causes or permits Ihis Agreement to be recorded, Seller may eject to Ireal such act as a breJlch cfthis
Agreement.
ZOo ASSIGNMENT (3-85)This Agreement will be binding upon Ihe parties, their respeclive heirs, personal representatives, guardians
and successors, and to the extenl assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer
will not transfer or assign this Agreement wilhout1l1e written consent of Seller.
21. DEPOSIT & RECOVERY liUND (1-il0)
(A) Deposits paid by Buyer within 30 days of settlement will be by cash, cash~r's or certified check. Deposits, .egardless of Ihe
form of payment and the person designated as payee, will be paid to Broker or party identified in paragraph 3(F), who will retain
them i.n an escrow account until consummalion or termination of this Agreemenl in conformity with all applicabie laws and
regulations. Any uncashed check rendered as deposit may be held pending the acceptallce of this offer.
(13) In the event of a dispU1e over entitlement to deposit monies. a broker holding the deposit is required by the Rules and
Regulations of the State Real Estate Commission (49 Fa. Code ~35.327) to retain the monies in escrow unlil the dispute is
resolved. In tile event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final
order of court or the written Agreement of1be parties. Buyer and Seller agree that, in ll1e evenl any broker or affiliated licensee
is joined in litigation for the return of deposit monies, the anomeys' fees and costs of the broket(s) and licensee(s)
will be paid by Ibe party joining 1bem.
(C) A Resl Estate RecovelY Fund exists to reimburoe any persons who have obtained a final cival judgment against a
Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been
unable to collect Ihe judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call
(717) 783-3658, or (800) 822-2113 (witilin Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
22. cONDOMINIUM I PLANNED COMMUNITY (80MEOWNER ASSOCIATION) RESALE NOTICE (I-ilO)
lEI NOT APPLICABLE
o APPLICABLE: CONDOMINIUM
BlIyer aCknowledges Ihat the Property is a unit ofa condominium that is primarily run by a unit owners' associalion. ~3407 of the
Uniform Condominium ACI of Pennsylvania requires Seller to furnish Buyer with a Cel1:ificate of Resale and copies of
the condominium declaration (other than plats and plans), 1he bylaws, and the rules and regulations of the association.
o APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIA nON)
Buyer acknowledges that the Property is part of a planned commuoity as defined by 1he Uniform Planned Community Act
(See Defmition of Planned Community Notice fot the definition contained in the Act). 95407(a) of the Act requires Seller to
furnish Buyer with a copy of the Declaration (o1her man plats and plans), the bylaws, Ihe rules and regulalions of the
association, and a Certificate containing the provisions set forth in ~5407(a) of the Act
(A) Within days of the execution of this Agreement, Seller will submit a request to the associatioll for a Certificate of
Resale and Ihe documents necessary to enable Seller to comply with the Act. The Act provides that the association is required
10 provide these documenlS within 10 days of Seller's requesl-
(13) Under 1he Act, Seller is not liable to Buyer ror Ihe failure or delay. of the association to provide me Certificate in a timely
manner, nOr Is Seller liable to Buyer for any erroneous inrormation provided by the association and included in the Certifieale.
(C) BlIyer may declare this Agreemeot VOID at any time before Buyer's receipt of 1I1e association documems and for 5 days
thereafter, OR until settlement, whichever oecurs first Buyer's notice declaring the Agreement void must be in wrfting;
thereafter all deposil monies will be returned to Buyer.
(D) In the evenllhe association has the right to buy me Property (right of first refusal), and the associatioo exercises 1hat right,
Seller will reimburse 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 insurance and/or title search, or fee for CSllcellation of same, if any: (2) 'The
premiums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if
any; (3) Appraisal fees and charges paid in advance 10 mortgage lender, if any; (4) Buyers customary settlement costs and
accruals.
23. . MAINTENANCE & RISK 01" LOSS (1-il0)
(A) Seller will maintain the Propeny, grounds, fixtures, and any personal property specifically scbeduled herein in lIS present
condition, nonna] wear and tear excepted.
(B) In the event any system or appliance included in the sale of the Property fails and Seller does not repair or replace the item,
Seller will promplly notify Buyer in writing of SeUer's choice to:
I. Repair or replace the failed system or appliance before settlement or credit Buyer at settlemenl for 1I1e fair market value
of the failed system or appliance (this option Il11.lst be acceptable to the mOrtgage lender, if any), In each case, Buyer
accepts Ihe Property and agrees 10 the RELEASE set faith in paragraph 25 oftbis Agreement, OR
2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market vahle of the failed sys1&m or
appliance, in which case Buyer wUl notify Seller in writing within S days or before settlement, whichever is sooner,
that Buyer will:
a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreemenr. OR
b. Terminate this Agreement, in which case all deposil monies paid on account of purchase price will be returned
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promptly to Buyer and tbis Agreement will be VOID.
(C) Seller will bear risk of loss from rU"e or oilier casualties until time.of settlement. In the event of damage by fire or otber
casualties to any property 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 pakl on account of purchase price or of accepting the Property
in it. then condition together with tbe proceeds of any Insurance reeovety obtainable by Seller. Buyer is hereby notified that
Buyer may insure Buyer's equitable interest in this Property as of the time of execution of this Agreement
24. WAIVER OF CONTlNOENCIES (1-00)
In the event this Agreement is contingent on Buyer's right to inspect and/or repair 1I1e Property, Buyer's failure to ell:ercise any
of Buyer's olltions within the time Umits specified in the contingency provision(s) wUl constitute a WAIVER of that
contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragraph 2S of this Agreement,
25. RELEASE (1-00) Buyer bereby releases, quit dalms and forever discharges SELLER, ALL BROKERS, their LICENSEE.S,
EMPLOYEES, and any OFFlCER or PARTNER of anyone of tbelll and any other PERSON, FIRM, or CORPORATION
wl10 may be liable by or through them, from any and all claims, losses or delllands, including, but not limited to, personal
injuries and property damage and all of tJle consequences thereof, wbether nOW known Or not, whicl1 may arise from the
presence of termites Or other wood-boring illSectS, radon, lead-based paint huards, environlllental hazards, any defects in
the Individual on-lot sewage disposal system or defICiencies in the on-site water service "Ystenl, or any defect. or conditions
on the Property. Tbis release wlll survive settlement
26. REPRESENTATIONS 0-4)0)
(A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by
Seller, Btokers, . their ficensees. employees, officers or partners are not a part of this Agreement, unless expressly
incorporated or stated in this Agreement.
(B) It is Uuder.lolla that Buyer has inspected the ProperlY before signing this Agreement (ilIcluding fixtureS and
any person>ll property specificaUy scheduled herein), or has waived the right to do so, and bas agreed to purchase It in
its pr.sent condition unless otberwiseslllted in this Agreement. lIuyer acknowledges that Brokers, their licensees,
employees, officers or partners have not made an independent examination Or determioation of the structural
soundness of the Property, the age or condition oHhe components, environmental cllnditions, the permitted uses, or of
conditiollS existing in the locale where the Property is situated; nor have they made a meChanical inspection of any of
the systems contained therein,
(C) It is further underStood 1I1at this Agreement contains the whole agreement between Seller and Buyer and there are no other
terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning
this sale. Furrhermore, this Agreement will not he altered, amended, changed, or modified except in writing executed by
the parties.
(D) The headings, captions, and line numbel$ in this Agreement are meant onlY to make i~ easier to find the paragraphs.
27. 1lME OF THE ESSENCE-OEFAULT (1-00)
1he said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are
hereby agreed 10 be of the essence of this Agreement. Far dIe purposes of this Agreement, number of days will be counled from the
dare of execution, by exclUding the day this Agxeemenl was executed and inclUding the last day of the time period. Should Buyer:
(A) Fail 10 make any additional payments as specified in paragraph 3; OR
(6) Furnish false or incomplete informalion to Seller, Listing Broker, Selling Broker, or the mortgage lender, if any, concerning
Buyets legal or financial status, or lllil to cooperate in the processing of the mortgage loan application, which acts would result
in the failure to obtain the approval of a mortgage loan commitment; OR
(C) Violate or fail to fulfill and perform any olher tenns Or conditions of this Agreement;
lbel! in such case, Seller has the option of relaining all sums paid by Buyer, including lbe deposit monies, 1) 00 account of
purchase price, or 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may
elect, LIDless otherwise checked below,
o Seller is limired to retaining sums paid by Buyer, inclUding deposit monies, as liquidated damages.
Is Seller elects to retain all sums paid by Buyer, inclUding deposit monies, as liquidated damages, Buyer and Seller will be
released from further liability or obligation and this Agreement will be VOID.
28. BROKE~ (1-00) The Business Relationsbips between lbe BTo~ei(s) and Seller and Buyer are as follows, UNLESS a different
relationship is checked below.
(A) The Listing BroJ.;er is Agent for Seller.
(8) The Selling BroKer is Agent for Buyer.
(C) When the Listing Bro~er and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to ,,!l
licensees, UNLESS there is a Designated Agent(s) fur Seller and a Designated Agent(s) for Buyer. If the same Licensee IS
designated for Seller and Buyer, the l-icensee is a Dual Agent
A Business Relationship eJdsts that ti different from above, as follllws:
B The Selling Broker is the Agent/Subagent for Seller.
The Selling Broker is a Transaction Licensee.
o The Listing Broker is a Transaction Licensee.
(D) Broker(s) may perform services to assist unrepresented parties in complying with the terms ofthis Agreement.
29. MEDIATION (7-96)
o NOT AVAILABLE
s....a)( ~ Standard Ag....mel1t For The Sale Of "'eal E.9.tate, 1/00 COPYR.IGHT PENN$vl VANtA ASSOCiATION Or REAl.. TORss, 1998
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~ 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 obligation on the pan of any party to do so.
o El-ECTED
(A) Buyer and Seller will try 10 resolve any dispute or claim that may arise ITom this Agreemcnl through mediation,
in accordance with the Rules and Procedures of the Home SellerslHollle Buyers Dispute Resolution System, Any
agreement reached through a mediation conference andsill/led by thepacties will be binding,
(B) Suyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home
Sellers/Home Bllyers Dispute Resolution System. (See Mediation Notice.)
(e) This agreement to mediate disputes arising from this Agreement will survive settlement
Buyer and Seller acknowledge thatthey have read and undemand tile noticesaJJd e~planatof)' information .etforth in this Agreement
Buyer acknowledges receiving a copy of this Agreement at the time of signing.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT, Return by Il..:simile
transmission (FAX) of this Agreement, and all addenda, bearing the signatures <;>f all parties, constitutes acceptance
of this Agreement. Parties to this transaction are advised to consolt an attorney before signing if they d",ire legal advice.
WITNES~6CYfO.
BUYER ' OAT O~A
Anthony J 8uzze r
3a19 Ingoman 20015
a~:~~a ?1i~~~~. DATE
3819 Ingornan St, Wasnington, DC 20015
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Seller hereby approves the above cODtract this (date)
and in considerati<;>n of the selVice. .rendered in procuring the Buyer, SeUer agrees to pay the named Listing Broker a fee of
of/from the herein specified sate price. In the event lbe Buyer defaults hereunder, any monies paid on account will be divided
, Seller, , Listing Broker, but in no event will the sum paid to Listing Broker be in excess
of the above specified Broker's fee.
WITNESS
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Helen T Snyder /
575 Newville Road, Newburg,
DATE
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J Robe"t
575 N
PA 17240
~ DATE
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Brokers'lLlcens..... Certifications (check all that are applicable):
o Regarding Lead-BIIsed Pllin* Huards Disclosure: Required if Property was built before 1978: The undersigned Licensees
involved in this transaction, on behalf of themselves and their brokers, certifY that their statements are 1I1Ie to the best of their
knowledge and belief.
Acknowledgment: The Licensees involved in this transaction have informed Seller of Seller's <;>bligalions under The
Residential Lead Paint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance.
o Regarding FHA Mortgages: The undersigned Licensees involved in this transaction, on behalfof1\JemseIyes and their brokers,
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o
certify that the terms of this contract for purchase are lIUe to the best of their knowledge and belief, and that any other
agreement enitred into by any of these parties in connection with this transaction is attached to this Agreement_
Regarding Mediation: The undersigned 0 Listing Broker 0 Selling Broker
agree to submit to mediation in accordance with paragraph 29 of t~i~ ~reement_
BROKER (Company Name} ~~ - ~~~~
ACCEPTED BY "--___ DATE
v
LISTING
SELLING BROKER (Company Name)
ACCEPTED BY
DATE
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NOTICES AND INFORMATION
INFORMATION REGARDlNG THE SELLER'S PROPERTY DISCLOSURE ACT
Generally speaking, the Seller's Property Disclosure Act applies to any sale, exchange installment sales conllact, lease with all option to
buy, or transfer of an interest in real estate where nllt less than one and not more than four residential dwelling W1its are involved,
The Act Slip"lates that certaill disclllsures have to be made and delivered in a form defined by the Act, before an agreement of sale is
signed,
The Act defines nine exceptions, where the furm does not have to be used.
1. TransfeJ;S that are the result of a court order.
2. Transfers to a mortgage lender that result from a buyer's demult and subsequenfforeclosure sales that resuh from default
3. Transfers by a fiduciary during the administration of a decedent estate, guardianship. conservatorship or trUst
4, Transfers from a co-owner to one or more other co-owners.
5. Transfers made to a spouse or a direct desCendant
6. Transfers between spouses that result from divorce, legal sl'Paxation, or property settlement
7. Transfers by a corporation to its shareholders as part of a plan of liquidation.
8, Transfers by a partnership to its partners as part of a plan of liquidation,
9. Transfers of new construction that has never been occupied when:
a, The buyer has received a one-year writren warranty covering 1I1e construction;
b. The building has been inspected for compliance witl) the applicable buiJditlg code or, if none, a nationally IEcognized
model building code; and
c. A certificate of occupancy or a certificare of code compliance has been issued for the dwelling.
m addition to these eJ\ctptions, the Act limits the disclosure in the caseS of condominiums and cooperatives to me sellers particular unit. It
does not impose diSCIOs"res regan:ling common areas or fucilities; those element. are already addressed in the law. that govern the resales
ofcondominiuJl)S and COopelative interests.
NOTICE TO IlUYERS SEEKING FINANCING
The appraised value of the Property is used in deteunming the maximum amount of the loan and may be different from the
puIt:hase price and/or mmet value.
NOTICES AND INFORM;\.TION ON PROPERTY CONDITION INSPECTIONS
u.s. Department orHousing and Urban Development
ffiA Loam;:
For Your Protection: Get a Home Inspection
What the FHA Does For Iluyers...and What We Don't Do
What we do: FHA helps people become homeowners by insuring mortgages' for lenders. This allows lenders to offer mortgages to
flrsHime buyers and o1hers who may not qualify for convetlonal loans. Because the FHA insures the loan for the lender, the buyer
pays only a very low down-payment.
What we don't do: FHA does not guarantee the value or condition of your poteptial new home. If you find problems with your new
home after closing, we cannot give or lend you money for repairs, and we cannot buy the home back from you.
That's why it is 50 important for you, me buyer, to get an independent home inspection. Before you sign a contract, ask. a qualified
borne inspector to inspect your potential new home and give you 1I1e information you need to make a wise decision.
Apprailillls and HOlOe Inspections are Dilferent
As pact of our job insuring the loan, We require that the lender conduct an FHA appm.isal. An appraisal is different from a home
Inspection. Appraisals are for lender~; hame il\l!p~ions ll1'I' for buyers. The lender does an appraisal for three reasons:
To estimate the value of a house
. To make sure that the house meets FHA minimum property stlUldards
. To make sure that the house is marketable
Appraisals are not home inspections.
Why a Buyer Needs a Home Inspection ... ... . , ,
A home inspection gives the buyer more detatled mfonnauon than an appOllsal - mfonnauon you need to make a WIse declSlOlI. In a
home inspection, a qllalified inspector takes an in-depth, unbiased look at your potential new home to:
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Bval\late the physical condition: structure, construction, Blld mechanical systems
Identify items that need to be repaired or replaced
. Estimate the remaining useful life of the major systemS, equipment, structure, and finishes
What Goes into :a Home Inspeclion
A home inspection gives Ihe buyer an impartial, physical evaluation of the overall condition of the home and items that need to be
repaired or replaced. The inspection gives a detailed report on tbe condition of the structural components, exterior, roofing, plumbing,
electrical, heating, Insulation and ventilation, air conditioning, and interiol'5.
Be an JJlformed Buyer
It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in evtrj respect. You have the right to
carefully examine your potenlial new home wirh a qualified home inspector. You sho\lld Brlllllge to have a home inspectioll before
you purchase your home. Make sure your contract states that the sale of the home depends Oil the inspection.
If you be lieve you have been subjecl to discrimination because of your race, color, religion, sex, handicap, fumBlaJ status, or national
origin, you should call the HUD Fair Housing Blld Squal Opportunity Complaint Hotline: (800) 669-9777.
This sllUementlllust be delivered to you at the time of initial loan application. Return one copy to your lender as proof of natification
and keep one coPY for your records.
You, tile borrower(s), must be certain that you uodeuland the trallsaction. Seek professional advice if you are uncertain.
PROPERTY INSpECTION NOTICES
Property Insp""tion: A general inspection of lbe Property can be performed by a professional con1l"actor or home inspection service 8Ild
roay include inspections of: structural componellts; roof; exterior windows and exterior doors; exterior siding, fascia, gUlier>, and
downspoulS; appliances; electrical, plumbing, beating, and cooling systems; water penetration; and any other items Buyer may select
Inspections or certifications might include: Environmental Hazards (e.g" Asbestos, Ureaformaldehyde Foam Insulation, Undel'gfound
Storage Tallks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square Footage
Verification, and any otl1er items Buyer may select. Buyer is advised to investigate easements. deed and use restriotions (including llny
historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances.
Flood Plai"s: If the Property is located'in a flood plain, Buyer may be required to carry additional insurance.
Property Boundary/Square Footage: Buyer is advised that Seller has not had the Property surveyed and that any fences, hedges, walls
and other namral or con.tructed barriers mayor may not represent lhe true boundary lines of the Property. Buyer is also advised that any
numeri~al repr_orations of square footage of the stJuclllre(s) and/or lot size are approximations only and may be inaccurate, Buyer is
advised to engage a professional surveyor or obtain an independent measurement of the strUcture(s) and/or lot size If Buyer wishes to
make this sale contingent on Buyer's approval of the Property's boundaries or square footage.
Water Ser:vlce: Buyer may eject to have the water service inspected by a professional water lestiog company, in addition, on-site water
service systems may have to meet certain quality and/or quantity requirements set by the municipality or the lender,
Wood-pestroying Insect Infestation: Insects whose primary source of food is wood, such as termites, wood-boring beetles, carpenter
ants, carpenter bees, and certain orher insec1S, can caus. damage to the wood structure of a residence. Termite and Pest Control companies
are available to make inspections to detenoine whelher wood-destroying insects are present. Because of the way these insects function,
damage to wood may be hidden, Careful selection should be made of skilled .xpel1S In the tennitefpest control field to insure a proper
determination of whether wood-boring insects or resultant damage is present
ENVIRONMENTAL NOTICES
AsbestQs: The heat-resistant and durable nature of asbestos makes it useful in construction and indu5tty. The physical properries that give
asbesto$ its resistance to heat and decay are linked with several adverse human health elfects. Asbestos can easily break into microscopic
fibers tllat can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is.
known to cause Asbestosis and various forms of cancer. Inquiries or requests for more information about asbestos can be directed to the
UnilI>d S1ates Environmental Protection Agency, 11 I Illtll Street N.W., Wasliingtoll, D.C. 20201, and/or the Departnlet\t of Heal1h,
Commonwealth o{Pennsylvania, Division of Environmental Health, Harrisburg, PA 17120.
Electromagnetic Fields: Electromagnetic fields (EMFs) occur around all electrical appliances and power lines. Conclusive evidence that
EMF. I'ose health risks does not exist at present, and Pennsylvania has no laws regatding this issu>:.
Envirollmental Huard.: The U.S. Environrne01al Pwtection Agency has a list of hazardous substances, the use and disposal of which are
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restricllld by law. Generally, if hazardous substances are found on a property, it is the property owner's responsibility te dispose ofthem
properly. For mere information and a list of hazardous substances, contact V.S, Environmental Protection Agency, 111 181h StreetN.W.,
Washington, D~C. 20201, (202) 260-4700.
UreafqrmaldehYde Foam Insulation (OFFI): Ureaformaldehyde Foarn Insulation (UFFl) is a thermal insulation materiai mat is
manufactured at the site of installation and pumped inm Ihe space in the walls of the building being insulated. VFFI can release
formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effccts linked to exposure 10 UFFI are cancer,
acute illness such as eye, nose, and throat ilritation, and sensitization. Although a 1982 ban offuture sales ofUFFI by the U.S. Consumer
Product Safety Commission was overturned in 1983 because the health risk was not establiShed as "unreasonable," it is recommended
that prospective buyelS be informed if UFFI is present or has been present on the property. Tests can be conducted to determine lbe
concen1Jation of formaldehyde gas present in a stlUerore, as well as to measure the pl'Csence and toxicity of UFFI. The COBt of removing
UFF! will vary with the design of the construction and the accessibility of the insulation. Information regarding tests and testing
procedures can be obtained by wliting the U.S. Consumer Product Safety Commission, Office of the SecretaIy, Third Floor, 5401
Westblll"d Avenue, Bethesda, MD 20207.
Wetblluls: Wetlands are protected by both the federal and state governments, Buyer may wish to ha ve the ProperlY inspected for wetlands
by an environmental engineer to determine if permits for plans to build, improve, or develop the property would be affected or denied
because of wetlands.
Lead: (For Properties built before 1978)
J.ead Warning Sjatement: Every purchaser of any interest in residential real property on whkh a residential dwelling was built
prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisoning ID young children may produce permanent neurological damage. including learning
disabilities, reduced intelligence quotient. behavioral problems, and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on
lead-based paint hazarrls from risk assessments or inspections in the seller's possession and notify the buyer of any known
lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Lead Hazard Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hwrd Reduction Act, any seller of
property bullt before 1978 must provide the buyer with an EPA-approved lead hazards infOrmation pamphlet titled Protect Your
Family From Lead in Your Home and must disclose to the buyer and the Broker(s) me known pre;ence of lead.based paint and/or
!ead.based pai/lt hazards in or on the property being sold, inclUding the basis used for detennining that lead-based paint and/or lead-
based paim hazatds exist, the location of lead-based paint andlor lead-based paint hazaids, and the condition of painted surface..
Any seller of a pre-1978 structure must also provide the buyer with any records or reports available to the seller pertaining to
lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential
dwellings in multi-family housing. The Act further requires thaI before a buyer is obligated to purchase MY housing constructed
prior to 1978, the seller will give lhe buyer 10 days (unless buyer and seller agree in writing 10 another time period) 10 conduct a
osI<. assessment or inspcction for the presence of lead.based paint and/or lead-based paint na:zards. The opportunity to conduct a
risk assessment or inspection may be waived by the buyer, in writing. Neither testing nor abatement is required of the seller.
Housing buik in 1978 or later is not subjeCt to the Act
Radol); Radon is a natural, radioactive gas thaI is pt\:lQuced in me ground by the nOllllal decay of uranium and radium. Studies indicate
that extended eJ<posure to high Jevels of radon gas can increase the risk of lung cancer. Radon can find h. way into any air-space,
including basemen1S and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective
action i!the annual average exposUIe to radon exceeds 0.02 working levels Or 4 picocuries/liter. Ifa house has a tadon problem, it usually
can be cured by increased ventilation and/or by preventing radon entty. Any person who tests, mitigates, or safeguards a building for
mdon in Pennsylvania must be certitied by the Department of Environmental Protecrion. Information about radon and about certified
testing or mitigation fwens is available through DEP, Bureau of Radiation Protection, P.O. Box 2603, Harrisburg, PA 17120,
(800) 23RADON or (717) 783-3594.
NOTICE 1:
SEWAGE NOTICES
NOTICES PURSUA.NT TO THE PENNSYJ.V ANIA SEW AGE F ACILlTIES ACT
THERE IS NO CURRENlLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR TIlE
SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall instal~
construct, request bid proposals for construction, aller, repair or occupy any building or structure for which an
individual sewage syslllm is to ba installed, without first obtaining a pennit. Buyer is advised by this noli~e that, before
signing this Agreement, Buyer shOUld contact the local agency charged with administering the Act to
determine the procedure and requirements for obtaining a permit for an individual sewage system. The local agency
chlllged with administering the Act will be the municipality where the Property is located or that municipality working
cooperatively with others.
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THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-
ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE
FACtLlTlES ACr.(Section 7 provides that a permit may not be required belOre installing, constJucting, awO/ding a
contract for construction, altering, repairing or connecting 10 an individual sewage system where a ten-scle parcel or lot
is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing were not conducted
and that, should tbe system malfunction, the owner of the Property or properties serviced by the system at the time of a
malfunction may be beld liable for any contamination, pollution, public health hazard or nuisance which occurs as
a ",suIt
THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH
SEWAGE IS CONVEYED BY A WATER CARIWING SYSTEM AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT Al'lOTHER SITE,
Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining
tbe lank from the date of its installation or December 14, 1995, whichever is later.
AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INS'I'ALLED A'I' AN ISOLATION DISTANCE FROM A
WELL THAT IS LESS THAN THE DISTANCE SPECIFlED BY REGULATION. The regulations at 25 Pa Code
~73.13 pertaining to minimum borizontal isolation distances provide guidllJlce. Subsaction (b) of ~73.13 $lates that the
minimum bonzontal isolation distance between an individual water supply or water supply system suction line and
treatment tanks shall be 50 !\oet Subsection (c) 973.13 states that lhe horizontal isolation distance between the
individual water supply or water supply system suction line and the perimeter of lbe absorption shan be 100 feet
THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT
TO THOSE LIMITATIONS. SEWAGE FACILITmS ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY Nor BEGIN
UNTIL THE MUNICIPALI'rY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUAN'I' TO THE
PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
DEFINmON OF A PLANNED COMMUNITY
The Uniform Planned Community Act defines "planned community" as real estate with respect to which a person, by viJtue of ownership
of an Intere$l in any portion of the roal estate, is or may become obligated by covenan~ easement or agrel'ment imposed on the owner's
Interest to pay SSlY amount for real property taxes, insurance, maintenance, repair, improvement, management, administration Or regulation
of any part of tbe real estate otber than the portion Or interest owned solely by tbe person. The term excludes a cooperative and a
condominium, but a cooperative or condominium may be part of a planned community. For the purposes of this deflllition. "ownership"
Includes holding a leasebold interest of more tban 20 years, including renewal options, in real estate. The term includes non-residential
campground communities.
Exemptions from the Uniform PlaMed Community Act- Wben a Certificate 0; Resale Is Not Required
The owner of a property located within a planned community is not required to furnish the buyer with a certificate of resale under the
fol1owing circumstances;
A. Tbe Planned Community contains no more than 12 units, provided tbere is nO possibility of adding real estate or subdividing units
to increase the size of the planned community.
B. The Planned Community is one in which all of the units ate restricted exclusively to non-residential use, unless the declaratiOll
provides that Ibe resale provisions are nevertheless to be followed.
C. The Planned Community or units are located outside the Commonwealth of Pennsylvania.
D. The transfer oflbe unit is a gl'atUItous transfer.
E. TIle transfer of the unit is required by court order.
F. The transfer of the unit is by the government Or a governmental agency.
G. The transfer of the unit is the result offoreclosure or in lieu of foreclosure.
Notices Regarding Public Offerillg Statements and Right to Rescission
If Seller is a Declarant of the cOlldominium or planned community, Seller is required to furnish Buyer wilb a copy of the Public
Offering Statement and irs amendments. FOr condominiums, the delivery of the Public Offering S1atement must be made no later than
the date the buyer executes this Agreement Buyer may cancel this Agreement witbill 15 days after receiving thco Public Offering
Slatement and any amendments that materially and adversely amct Buyer. For planned communities, the Declarant mU$l provide the
Buyer with a copy of the Public Offering Statement and its amendments no 'later tban the date the Buyer executes this Agreement
Boyer may cancel this Agreement wilbin 7 days after receiving the Public Oftilring Statement and any amendments that materially and
adversely affect Buyer.
TlME IS OF THE ESSENCE
S-~ - Standard Agrwmont For Th. S.I. Of ~.al Estate, 1100 COP'lR.IGf-IT PENNSVL VANIA ASSOCIATION OF REAL TCROO 1995
en;ion 6.02(S.5). R...IFAST@lSoftware Publishing Inc.. (0) 2000 Reg# PPAPAR222925. THOMAS S. MITROS,ABR.CRP, RE/MAX HOMEFINDERS
JlJdl tl&tAlJJ 08lDBlOO 11:15:19 ~
uyer(S) Inl~.ls ~..!!/J/ Seller(S) In\tlals Ii ;~ of 19
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PAGE 19
AD dates and time limits set within this Agreement must be adhered to or this Agreement is bre.ehed. For the purposes of this
Agreement, number of days wjJI be counted frolJ\ the date of execution by excluding the day on which this Agreement was executed
and by mcluding the last day of the time period. The date of execution is lbe date when Buyer and Seller have indicated
full acceptance of this Agreement by signing and/or initialing it.
lVlEI)IATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1. Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in
writing to mediate under DRS. The written agreement can be achieved by a standard cl.use in an agreement ohale, an addendum
to an agreement of sale, orthrough a separate written agreement.
2. Initiation of Mediation If a dispute exists, any party ro.y start the mediation process by submitting a completed Request to Initiare
Mediation DRS Transmittal Form (fransminal FoltlJ) to the local Association of REALTORS@ (hereafter "Administrator"). The
Transmittal Form should be available through the AdministOllors office. The initiating party should llY to include the following
infoltlJation when sending the completed Transmittal Form to the Administrator:
a. A copy of !!:Ie written ag/l'ement to mediate if there is om; OR a request by the initiating party to bave the
Administrator conlaet the other parties 10 the dispute to invite them to join the mediation process,
b. The names, addresses and telephone numbers of the parties involved in the dispute, including the name of every
inSUla nee comp'ny known to have received notice of the dispute Qr claim and tbe corresponding file or claim number,
c, A brief statement of the facts oflhe dispute and the damages or relief sought
3. Selection of Mediator Within five days of receiving the completed Transmittal Form, the AdministratOr will send each party to the
dispute a cOpy ofthe Transmittal Form and a list of qualified mediators and their fee schedules. Each party then has ten days to
review the list of mediators, cross off the name of any mediator to whom the patty objects, .nd return the list to lbe Administretor.
The Administrator will appoint the fllst available mediator who is acceptable to .11 parties involved.
A mediator who has any financial or pel'liOnal interest in the dispute or the results of the medi.tion cannot serve as mediator to that
dispute, unless all parties are informed and give their written consent
4. Mediation Fees Mediation fees will be divided equaUy among the parties and will be paid before the mediation confelence. The
parties will follow the payment terms con1ained in the mediator's fee schedule.
5. Time and Place of Mediation Conferellce Within len days of being appointed to the dispute, lbe mO({iator will conlact the parties
and set lbe date, time and place of the mediation conference, The mediator must give at least twenty da)'s' advance notice to al\
parties. The mediation conference should nOl be more than sixty days from the mediator's appointment to the displlte.
6. Conduct of Mediation Conference The parties attending the mediation conference will be expee1ed to:
I. Have the authority to enter into and sign a binding settlement to the dispute.
2. Produce all information required for the mediator to understand the issues of the dispute. The information may incl~de
relevant written materials, as well as descriptions of witnesses and the content of their testimony, whether or not they
will be appearing at the mediation conference. The mediator can require the parties to deliver written materi.ls and
information before lbe date of the mediation conference.
The mediator presiding over the conference:
1, Will impanially conduct an orderly settlement negotiation.
2, Will help the parties define the matters in dispute and reach a mutually agreeable solution.
3. Will have nO authority to render an opinion, to. bind the panies to his or her decision, Ot to force the panie. tn reach
a settlement
Formal rules of evidence wiD not apply to tlte mediatioll conference.
7. Rel'resentation by CoullSe1 Any party who intends to be accompanied to tbe mediation conference by legal counsel will notify the
mediator and the other l'arties of the intent at least ten days before the conference.
8. ConfidelltiaUty No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial Or other
proceeding. This includes, but is not limiled to, any opinions or suggestions made by any party regard.ing a possible settlement;
any admissions made during the course of the mediation; any proposals or opinions expressed by the mediator; and any responses
given by any partY to opinions, suggestions, Or proposals.
S-2I<. Standard Ag....m.nt For Th. S.I. Of Ileall!state, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS~ 1SSll
.rsi"" 8.02{5.6). ReaIFAST@$Ol\Wllre Publlahing Inc., (e) 2000 Il.g# PPAPAA222S23, THOMAS $. MITRoS.ABR.CRP. liE/MAX HOMEFINDERS
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09/12/2001 04:14' 7175324380
RE/MAX HOMEFINDERS
PAGE 20
No privilege will be affected by disclosUIOS made in the cOUrse of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all parties and the medilltor.
Records, reports, and other documents received or prepared by the mediator or Administrator CllIlnot be compelled by an aroitration,
judicial, or other proceeding, with the e"ception of an agreement that was reached in the course of mediation and signed by all
the paIlies.
Neither the mediator nor the Administrator can be compelled to testify in any proceeding regarding infonnation given or
representations made either In the course of the mediation Or in any confidential communication,
9. Mediated settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and
all parties will sign the written agreement within ten days of the conClusion of the mediation conference. Every reasonable effur!
will be made to sign the written agreement at rhe end of the conference,
10. Judicial Proceedings and Immunity NEITHER THE. ADMINISTRATOR, THE MEDIATOR, THE NATIONAL ASSOCIATION
OF REAL TORS\\il, THE PENNSYLVANIA ASSOCIATION OF REAL 1ORS@, NOR ANY OF ITS MEMBER BOARDS, SHAlL
BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO
MEDIATION UNDER THESE RULES AND PROCEDURES, NOR SI-lALL ANY OF THEM SERVING UNDER 1HBSE
PROCEDURES BE LIABLE TO ANY pARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WIlli ANY
SERVICE OR Tl-IE OPERATIO:N OF THE HOME SELLERS/HOME BUYERS DISPUTE RESOLUTION SYSTEM.
$..21(. Standard Agreement For Thra $ole Of Real Estatet 1/00 COPYRIGHT PENNSYlVANIA ASSOCIATION .Or RE.AL.TORS$1998
e..ion 6.02(5,S), I'I..IFAST@> $ol\ware Publi.~in9 Inc., {c) 2000 RogII PPAPAR2Z2923, THOMAS S. MITROS,A6R.CRP, FlEIMAX HOMEFlNDEFlS
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11______-
i METZGER
!i WiCKERSHAM
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September 27, 2001
SINCE 1888
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
Michael L. Bangs, Esquire
302 South 18th Street
Cantp Hill, PA 17011
Other Offices
Colonial Park
717-652-7020
Mechaniesburg
717-691-5577
Shippensburg
717-530-7515
Re: Thomas Mitros &
Thomas & Hellen Snyder
(G
Dear Attorney Morgan:
As I ant sure that you recall, the Snyders and Mr. Mitros had a contact to sell the piece of real estate
at 575 Newville Road in Newburg, Pennsylvania. Under that listing contract, Mr. Mitros is due
some commissions with respect to the sale of that property. I ant writing to make formal demand
for such commission in the following antounts:
(Q)
A.
$19,500 due to Mr. Mitros under Paragraph 7.A. of the listing contract for
supplying a buyer, willing to purchase the property for a price accepted by the
Snyders.
p
B.
$21,000 due to Mr. Mitros under Paragraph 6.A. of the listing contract for the
actual sale of the propert'j.
v
The total antount due to Mr. Mitros in connection with the sale of the Newburg property is
$40,500. Please advise the Snyders to make payment in that amount to Mr. Mitros not later than
October 31, 2001. Payment should be sent to this office.
If the Snyders wish to contest the validity of this debt, please contact me so that we may discuss
the issue.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERE, P.C.
Document#: 217114.1
JilInes F. Carl
Edward E. Knauss, IV*
Jered 1. Hock
Karl R Hildabrand*
Steven P. Nfiner
Clark DeVere
E. Ralph Godfrey
Steven C Courtnev
. Francis J. Lafferty. Iv
David, H. Martineau
Andrew W. Norfleet
Steven C. Skoff
Melissa L. Stickel
.. Board Certified in civil
t:riaJ,law rmd advOC4Cll
David H. Martineau
cc: Thomas S. Mitros
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01-6401
J. ROBERT SNYDER and
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
PRAECIPE FOR REINSTATEMENT OF PROCESS
To the Prothonotary:
Please reinstate the complaint in the above captioned matter.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
D //f'#/-L-~
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Date: January 8, 2002
Doc#223866
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01-6401
1. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
c_ _ ---
ACCEPTANCE OF SF' ~~.
The undersigned hereby accepts service of the Complaint on behalf of Defendants
1. Robert Snyder and Helen T. Snyder, and I represent that I am authorized to do so.
NIKOLAUS & HOHENADEL, LLP
By Anth(?,'tI~;;:~n2~~ill: ~
Supreme Court ID No.
212 Norh Queen Street
Lancaster, PA 17603
Attorneys for Defendants
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
NO. 01-6401
Defendants
CIVIL TERM
v.
MICHAEL L. BANGS,
Additional Defendant :
NOTICE OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Michael L. Banks, Additional
Defendant.
Respectfully submitted,
BY:
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. , ESQUIRE
Attorneys for Michael L. Bangs
DATED: March 21,2002
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CERTIFICATE OF SERVICE
I certifY that I am this day serving a copy of the forgoing document upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same
in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid,
as follows:
David Martineau, Esquire
P.O. Box 5300
Harrisburg, PA 17110
[Counsel for Plaintiff]
Anthony Marc Hopkins, Esq)1ire
212 North Queen Street
Lancaster, PA 17603
[Counsel for Defendants]
By:
Attorneys for Defendants
. Dated: March 21,2002
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
VS
SNYDER J ROBERT ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BANGS MICHAEL L the
ADD'L DEFENDANT, at 1008:00 HOURS, on the 14th day of March ,2002
at 302 SOUTH 18TH STREET
CAMP HILL, PA 17011
by handing to
MICHAEL L BANGS
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
Service
Affidavit
Surcharge
So Answers:
18.00
10.35
.00
10.00
.00
38.35
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R. Thomas Kline
." <e-
rne this h
day of
03/15/2002
NIKOLAUS & HOHENADEL
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THOMAS A. MITROS,
Plaintiff
vs.
J. ROBERT SNYDER and
HELEN T. SNYDER,
Defendants
vs.
MICHAEL L. BANGS,
Additional Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401
NOTICE TO PLEAD
To: Thomas A. Mitros
c/o David H. Martineau, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with
New Matter within twenty (20) days of service hereof, or a default judgment may be entered
against you.
Date:
12// z.- 107-
I I
BY:
NIKOLAUS & HOHENADEL, LLP
~ rrrv~'
Anthony Ma~oPkins, Esquire
Attorney I.D. No. 47394
Attorney for Defendants,
J. Robert Snyder and Helen T. Snyder
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
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THOMAS A. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER,
NO. 01-6401
Defendants
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
WITH NEW MATTER ADDRESSED TO PLAINTIFF
1.- 4. Admitted.
5. Admitted in part, denied in part. It is admitted only that Plaintiff Mitros and
Defendants Snyders entered a "Listing Contract" on or about April 4, 2000. (A true and correct
copy of which is attached hereto and incorporated herein as Exhibit "A"). It is specifically
denied that the property covered was the entire property at 575 Newville Road. To the contrary,
the Property covered was 55 acres more or less at that address known as "Parcel No.1". There
was an adjoining parcel of 100 acres, more or less, known as "Parcel No.2", owned by the
Defendants, which was not part of the Listing Agreement.
6. Denied. The averments of this paragtaph are denied as a conclusion of law as to
which no responsive pleading is required.
7. Denied on the basis that the Listing Contract is a writing which speaks for itself,
and as a conclusion of law as to which no responsive pleading is required.
8. Denied on the basis that the Listing Contract is a writing which speaks for itself,
and as a conclusion of law as to which no responsive pleading is required. By way of further
answer to the contrary, it is specifically denied that the Listing Contract states that a commission
is payable under each of the four conditions set forth in paragraph 8(a) to (d). To the contrary,
that statement is not sound in the Listing Contract. By way of further specific denial, it is
specifically denied that Plaintiff is entitled to a commission as averred in paragraph 8 merely for
finding a " ... willing buyer ...". To the contrary, the Listing Contract specifically uses the term
"... ready, willing and able buyer...".
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9. Denied on the basis that the Listing Contract is a writing which speaks for itself
and as a conclusion of law as to which no response is required. By way of further answer, it is
specifically denied that provision of a "willing buyer" entitles Plaintiff to a commission. To the
contrary, the Listing Contract requires provision of a "ready, willing and able buyer".
10. Denied. The averments of this paragraph are specifically denied. To the contrary,
on or about June 6, 2000, Defendants executed a purported Agreement of Sale (the "purported
Agreement") which they then entrusted to the Plaintiff for submission to Anthony J. Buzzelli and
Marta M. Buzzelli. Plaintiff never presented an executed agreement from the Buzzellis to
Defendants until on or about July 25, 2000, when Plaintiff provided a copy of what he purports
to foe an executed enforceable agreement, which was undated by the Buzzellis. (A true and
correct copy of the purported Agreement is attached hereto and incorporated by reference herein
as Exhibit "B").
11. Denied. The averments of this paragraph are specifically denied. To the contrary,
the Defendants executed the purported Agreement and entrusted it to the Plaintiff for negotiation
with the Buzzellis. Consequently, the Defendants were the ,offerors and the Buzzellis were the
parties who were in a position to accept the offer. By way of further answer to the contrary, the
purported Agreement is void ab initio and is unenforceable in toto because subparagraphs 2 and
3 of paragraph 5E are unenforceable "agreements to agree" as to unidentified parcels of land.
Subparagraphs 2 and 3 of paragraph 5(E) provide as follows:
"2. Buyer has right of first refusal to purchase additional land. First right of
refusal to be formalized in writing 30 days after acceptance.
3. Buyers have the option to buy additional land from the seller. Details to
follow 30 days after acceptance."
and because Mr. Mitros did not disclose to Defendants that he had included 5(E) 2 and 3.
12. Denied. The averments of this paragraph are denied as conclusions of law as to
which no responsive pleading is required. To the extent answer is required, it is specifically
denied that the Buzzellis were "willing buyers" and it is further specifically denied the Plaintiff
would be entitled to a commission even if the Buzzellis were "willing buyers" to a commission.
To the contrary, the purported Agreement was unenforceable. By way of further answer, to the
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contrary, under the specific terms of the Listing Contract, it is generally had to be "... ready,
willing and able buyers...".
13. Denied. The averments of this paragraph are denied as conclusions of law as to
which no responsible pleading is required and are specifically denied. To the contrary, the
purported Agreement was unenforceable due to provisions of subparagraphs 5E 2 and 3 and the
Plaintiff is not entitled to a commission because he failed to provide a ready, willing and able
buyer. By way of further answer, to the contrary, the Buzzellis were not or may not have been
ready, willing and able buyers, and the Buzzellis did not or may not have complied with the
provisions of the purported Agreement.
14. Denied. The averments of this paragraph are specifically denied. To the contrary,
(a) Buzzellis and Defendants never entered an enforceable agreement; and
(b) the Defendants entered into negotiations with CRSI, Inc. on or about July
10, 2000 while the Plaintiff never presented an executed copy of the
purported Agreement with the Buzzellis to the Defendants until on or
about July 25,2000.
15. Admitted.
16. Denied. The averments of this paragraph are denied as conclusions of law and are
specifically denied. To the contrary, Defendants incorporate to the contrary the answers to the
averments of paragraphs 8, 9,10,11,12,13 and 14.
17. Denied. The averments of this paragraph are denied as conclusions of law and are
specifically denied. To the contrary, consistent with their obligations under the Listing Contract,
the Defendants referred the CRSI negotiations to Plaintiff, but Plaintiff refused to negotiate with
CRSI, thus Plaintiff breached the Listing Contract and failing to earn a commission on the sale to
CRSI.
18. Denied. The averments of this paragraph are denied as conclusions of law to
which no responsive pleading is required and are specifically denied. To the contrary,
Defendants incorporate their answers set forth in paragraphs 8 through 14.
19. Denied. The averments of this paragraph are denied as conclusions of law to
which no responsive pleading is required and are specifically denied. To the contrary,
3
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Defendants incorporate the answers to the averments in paragraphs 8 through 14 and 17. By,way
of further answer to the contrary the Plaintiff exceeded his authority.
20. Admitted in part, denied in part. It is admitted only that the Plaintiff has provided
documents purporting to show the basis for commission. It is specifically denied that the
documents establish any legitimate basis for commission based on Plaintiff's failure to present
timely any enforceable contract executed by Buzzellis and Plaintiff's breach of the Listing
Contract as regards CRSI. To the contrary, the answers to the averments of Plaintiff's 8 through
14 and 17.
21. Denied. The averments of this paragraph are denied as conclusions of law as to
which no responsive pleading is required. By way of further answer, the averments are
specifically denied. To the contrary, the Defendants incorporate the answers to the averments of
paragraphs 8 through 14 and 17.
22. Denied. The averments of this paragraph are denied as conclusions of law as to
which no responsive pleading is required. The averments are also specifically denied. To the
contrary, Defendants incorporate their answers to paragraphs 8-14 and 17.
COUNT I
WRITTEN CONTRACT
23. The answers to the averments of paragraphs 1 through 22 above are incorporated
by reference herein as are Defendants' New Matter.
24. Denied. The averments of this paragraph are denied as conclusions of law as to
which no responsive pleading is required. It is also specifically denied that Defendants accepted
the services described in the Complaint. To the contrary, Plaintiff in performing those alleged
services exceeded his authority by:
(a) adding paragraphs 5(E) 2 and 3 and breaching his duties thereby;
(b) failing to disclose the addition of paragraphs 5(E) 2 and 3 to Defendants;
and,
(c) refusing and failing to negotiate with CRSI on Defendants' behalf, thus
forfeiting any claim to commission on that transaction. Defendants
accepted none of these services.
4
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25. Admitted in part, denied in part. It is admitted only that Plaintiff has demanded
payment and that Defendants have refused to make payment. The balance of averments of these
paragraphs are denied as conclusions of law to which no responsive pleading is required. By
way of further answer, they are specifically denied on the basis of Defendants answers to the
averments of paragraphs 8 through 14, 17 and 24, to the contrary and Defendants' New Matter
hereafter set forth, all of which Defendants hereby incorporate.
WHEREFORE, Defendants demand judgment in their favor and against the
Plaintiff, Thomas S. Mitros.
COUNT II
QUANTUM MERUIT
26. The answers of the averments of paragraphs 1 through 25 are incorporated by
reference as though set forth at length herein as is Defendants' New Matter.
27 Denied. The averment of this paragraph is denied as a conclusion of law to
which no responsive pleading is required. By way of further answer, it is specifically denied. To
the contrary, Defendants incorporate their answers to the averments of paragraphs 8 through 14,
17 and 24 and their New Matter hereinafter set forth.
28. Admitted in part. Denied in part. It is admitted only that Plaintiff has demanded
payment and that Defendants have refused to make payment. The balance of averments of these
paragraphs are denied as conclusions of law to which no responsive pleading is required. By
way of further answer, they are specifically denied on the basis of the answers set forth in
paragraphs 8 through 14, 17 and 24 and their New Matter hereinafter set forth.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff.
COUNT III
UNJUSTENrnUCHMENT
29. The answers of the averments of paragraphs 1 through 28 are incorporated by
reference as though set forth at length herein asis Defendants' New Matter.
30. Denied. The averment of this paragraph is denied as a conclusion of law to which
no responsive pleading is required. By way of further answer, it is specifically denied. To the
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contrary, Defendants incorporate their averments of paragraphs 8, 14, 17 and 24, and
Defendants' New Matter hereafter set forth. By way of further answer, it is specifically denied
that the Plaintiff provided services to Defendants. To the contrary, the Defendants incorporate
by reference their answers set forth in paragraphs 8 through 14, 17 and 24 above.
31. The averments of this paragraph are denied as conclusion of law to which no
responsive pleading is required. It is also specifically denied. To the contrary, the Defendants
incorporate their answer to paragraph 24 as set forth above.
32. Denied. The averments of this paragraph are denied as conclusions of law to
which no responsive pleading is required. By way of further answer, the averments are
specifically denied. To the contrary, the Defendants owe the Plaintiff no commissions and in
support thereof incorporate by reference their answers to paragraphs 8 through 14, 17 and 24 as
set forth above.
WHEREFORE, Defendants demand judgment in their favor and against Plaintiff.
DEFENDANTS' NEW MATTER ADDRESSED
TO PlAINTIFF MITROS
33. The answers to the averments of paragraphs 1 through 32 of the Complaint are
incorporated by reference as though set forth at length herein.
34. The Purported Agreement with Buzzellis was unenforceable in toto and void ab
initio because of the terms in subparagraphs 5E2 and 5E3 respectively, in that:
(a) Subparagraph 5E2 purports to give Buzzellis a right of first refusal as to
unidentified "additional land" owned by Defendants, because land covered
by a right of first refusal must be identified to the same extent as land to be
sold under an Agreement of Sale in clear, concise certain unambiguous
terms, and
. (b) Subparagraph 5E3 purports to give Buzzellis an option to purchase
unidentified additional land owned by Defendants, which is unenforceable
because land covered by an option Agreement must be identified in clear,
concise, specific unambiguous terms.
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( c) there was no consideration for the purported right of first refusal or option;
and,
(d) no option price was included.
35. Plaintiff did not disclose to the Defendants that he had added paragraphs 5E
including subparagraphs 5E2 and 5E3, to an otherwise form Agreement.
36. The Buzzellis:
(a) were not ready, willing and able buyers within the meaning of the Listing
Contract;
(b) were not purchasers of real estate as a matter of Pennsylvania law; and,
(c) Buzzellis did not or may not have complied with all the terms of the
Purported Agreement.
37. Plaintiff owed Defendants contractual and fiduciary duties as their agent.
38. Defendants reasonably relied on Plaintiff to perform his contractual fiduciary
duties.
39. Plaintiff materially breached his contractual and fiduciary duties to the
Defendants:
(a) by inserting subparagraphs 5E2 and 5E3 without disclosure which were
beyond the scope of his authority under the Listing Contract which
covered only Parcel No.1;
(b) by inserting subparagraphs 5E2 and 5E3 contrary to the Snyders' interest;
( c) failing to make all necessary disclosures to the Snyders;
(d) by refusing to negotiate on their behalf with CRSI, to Defendants' great
detriment.
40. Defendants' performance obligations under the Listing Contract were excused by
Plaintiff's anticipatory breaches.
41. Each of Plaintiff's breach of his fiduciary duties and breaches of the Listing
Agreement precludes any recovery for Plaintiff.
42. Plaintiff is estopped from any recovery, under the doctrine of promissory
estoppel.
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43. If Plaintiff is entitled to any commission under the Listing Contract, which is
denied, Plaintiff is entitled only to one commission because the Listing Contract does not
provide that the Plaintiff is entitled to two commissions as Plaintiff seeks.
44. Plaintiff failed to earn any commission for the purported Agreement with
Buzzellis.
45. Plaintiff is not entitled to any commission for the sale to CRSI.
46. The purported Agreement, if it was a contract, which is denied, was subject to
rescission with Defendants because of Mr. Mitros' breaches of contractual and fiduciary duty to
Defendants.
47. Snyders rescinded the purported Agreement by a letter delivered to Mr. Mitros on
or about July 26, 2000, a true and correct copy of which is attached hereto and incorporated
herein as Exhibit "C".
48. Plaintiff's Complaint fails to state a cause of action for which relief can be
granted.
WHEREFORE, Defendants demand judgment in their favor and against Mr. Mitros,
plus costs of suit and other costs allowed by law.
NIKOLAUS & HOHENADEL, LLP
\;f.k} 62--
BY:
An~~
Attorney I.D. No. 47394
Attorney for Defendants,
J. Robert Snyder and Helen T. Snyder
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
Date:
8
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CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Answer with
New Matter upon the following person(s) and in the following manner, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure.
Service bv First Class Mail
David H. Martineau, Esquire
Metzger, Wickersham, Knauss & Erb, P.c.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Kathryn Lease Simpson, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
NIKOLAUS & HOHENADEL, LLP
'02/o~
Date:
BY:
/}
Anthony Marc pkins, Esquire
Attorney I.D. No. 47394
Attorney for Defendants,
J. Robert Snyder and Helen T. Snyder
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
9
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VERIFICATION
We, the undersigned, verify that the facts set forth in the foregoing Answer with New
Matter -
to Additional Defendant Bangs are true and correct to the best of
our knowledge, information and belief. We acknowledge that had we knowingly made false
statements in this document, we would be subject to the penalties of a misdemeanor of the third
class pursuant to 18 Pa. C.S.A. ~4904 regarding unsworn falsification to authorities.
Date:~ ) e;( 02
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Date:
, r
IOlrBlo&
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ii/;4, / ,~-!~A )
Helen T ;l'nyder
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, LISTtNG CON'!:RACT'
. . . . EXCLUSIVE R.IGHTTO SELLREAL':PROPERTY .' XLS
"11::113 iDnn J:"CQOJDmc!Jded IIOd 3f'1"I"Oved. :for. but not restricted to U!lC by. the to<:mber.f. of' the: PcoasytV1llJia ~""ociatioo of REAL TORS~ (PAR)
OICEIt. (Compauy) J:l'P" /M"AY q'nM"'" F{ nri;:::>....<l'
::ENs~ Th...._....... ~ w.::4-_......,
[.L.ER
J itobart Snyder
Rel.en T Snyder
"ROPJl:RTY
\'<!dresS" <:;"7<; 'N'_krTr..ll..,. It....~~ l'J_LY-....n...v
vIlmicipality (city~ bot'ough,. township) R....:r-""_l 1 ""n.......~h;?
::ounty l"'1.......loo.........1 .......... School District
i!::oo.ing and Present Use
"-tili~onNwnber (For _pie. tax identification number; pareel.pumber; deed boo!<. page. recording <!me) ..-.;;:s A-:'"
II r1R D.c:;qq_n?r"l ~e~ ~t= H- ~&.:c:; po~~ 4r.t.n 'CI.:S""~<;'L
'l"ARTlNG ~ ENDlNG DATES OF LlSTJNG CONTRAcr (also called ""Tenu,
.... No ~atlon of REALTORS bas se< or r~~ the teon of this conttact.. By law. the leogd1 0< tenn ofa llstiDg ooo.lx"act
may not exceed one year. Seller and Broker have d19.....,..,....... and agroed. upon. the length or tenn of this am.traa..
:3. StartiagDate: This Contract starts whea signed by SeUer and Broker ~ tUlless othet'Wise sta:ted here:
::. Eadi:Qg Date: This Contract cads on ~ A-V 4 2. 00 J
. .
LISTED PlUCli; $ J;;,s-O, () 4 0
.s # .c....-.....-~<i5c..-,.
'tlRPOSE OF 'IBIS CONTRACI"
leller IS hiring Broker to mari<et. Property and to find a buyer. Sell.... will refer an <>trees and inquiries to Brok.... SeUe.- allows
koker to use ~t. and/or el~ic advertising.. ~rokex' is ~g as !!oeUer Agent,. as dcscn.Dcd b1 the Coo.surDcr Notice..
IROKJ:B,.S :0:;&
'10 .Assod....OQ of REALTORS has _ or re<>oIDll1ended the Beak""'. F= SeDer and Broker ha_ negotiated the I\:c that Sell...
.1\1 pa:y Broker. The Bro""","" Fee is ~ <>z. of/tram the sale price and paid by Seller.
:OOPJ!2lATION WITH <TJ.JU:.K SROIOi:RS
.lceascw: has explai!1ed Broker"s company policies about cooperating with oth.... brokers. Seller and Broker agree that Broker will
"'Y tr-. Br_s Fee: .
\. A &e to aaodaer braker,...,tjo reprcseaCs the SeDer (SUBA,G:ENT).
o No I8l Yes If Yeo. amount: .3. of/ftom the sale pri",,_
). A t_ eo aJlotI:&eJ- b.-oker who represeaq a boYell" (BUYER'S AGEN'I'}- A Buyer's Ageat, CVCDl if" eo...--ted by Broker
or SeDer. _ ~....at'doe ...........ta..co.. .....yer. S .
U No 181 Yes try....lU2lount: cOtromthesalepric:e.
... Af'ee fO aaatlle:r br.oker......o does lI.at represeJlt" eitbcr the Seller or a buyer ('I"RA.:NSACDON LICENSEE).
o No I8l Yes try.... .....aunt: ..3 of/lrom the sate price.
'AYMENr OF BIitOKER:S FEE
A. SeDer will pay Broker'. Fee If"~rry, .,.. aD;Y -.aerllhip ..._ ;" k. Is _Jd or ""'daaaged _.: -Ieacft> .... term
ofth/8 C_tracrbyJl_.S...._...-, SeDer....by ""You.er_ ..-broker.at__l'rieeoraaypriee_pOable
~~. ....
J.' Seller will pay Br<licer's Fcc lfnegodatiOD<l that are pendlD8 at the Ending Date oftbi. ':-_....wt in a sale.
::. Selle<' wil1 plY BJrok.<r" Fcc after the Ending Dam of this Contra<:t'IF: .
(1) A sale 04;CUl"S Within , "0 . da;ys of the Bndins Dare. AND .
(2)"I:Il.e buyer _shawn or..~ to bu.ythe 1'1~ durinsthe....... .of_~ .
Seller WIll _. tCM'e Jlroker'a Fee i1'dae n ~ t~ Is 1i116ed _del" a. ..e:sc'a:s:iV'C right CO ..II C:GIltract" wttIa 1IhIDtIICr
. ~ at the time of the salc.
RO~.S PElI!: ri!' SALE DOES NOT oCc:u.a . .
A. SolIerwlll pay SrGk.er'a Ji'ee ICe ....ady. willing, and. able buyer is lblllld b;y. Sroka-.... by _-. -"C SeILer.
A ,..m;frtg~ "'_..-..willpayth.._priceormorefi>r-.bcr..-..,.........ewllo_...--""oflilrlI .' <bySeller.
B. If"th.<ir.~ at: allY plIft ofit is _ ~ any ~...t f<< public!"!,,, (EmUaent Dcmais>), Se1I"" "IIiIlpay_
ofTll:,:-.aIly_eypl!id:bytheaov<o:DDl__ '. . .
c.lf"a buyer sil!lDS anagj:__ of salo that rcfbsos to buy tho Pr<lperty..,.. ifa buyer is UDableto.buy it bo<:auseofllW.ing to do
.n tho.thlngl; required of the buyer is> the agreanent of sale. Seller will pay Broker.
(1) . . .~o.. cOfrom buyer's deposit mOlli.... OR .
(2) tho Jl....-.. .Fee in f'arasxaJ?h 4. which_ is less.
. .
.UA.LAGltNCY . ". . ...... ........
~.... asrecs tbat Bn'okor may also r<opresent the buyc<(s) otthc: FioPerty. arokei- is a DUAL ;i'GENI"...n... .~...- ,';"g both
leUcr a/Id the bIJ.)oer is> the sale of a property. . . . . .' .
'-V-....r. ~
o :!'l"<< Applieable.' .
B Appll~hle.. Broker, as the PuaJ Agent,. may designate liceqsces to A~_t:the ~ inteR:sts oE ~ ~d th~ .buyer_
~ (id-.ti1i.od above) is the I;leSIsnated Agent. ...no will act exclusively as the Sell<< Agent. IfF.ope<1;y is iDtrodUeed
to the bUyer by a licensee in the Company who is not ..epr~sM'tiJ1g the buyer, thca 1bat 1i~ is autbDrized 1tr ~ OIl
!:>obaJt".~SeI1er~ IfLiconsee isalsothe~ Agent. that'Li_is a DUAl-AGENT. .' . . ".' '.
IJit.OIOklIl'S SERVICES TO BUYER . "
-..., IIDay ~ setvices to a buyer fur which Broker may a=ept a fee. Such scnices may include. _ .......ot _ to..,
leedIdo::u:alcn1: preparation; ordering certifications t"equired: Cor ctOr$ing; -Gnanc::iaJ. ~ title tr'8DS&r- and,t""..-., ..--~;
..~ insurance. const:ructIon. repair. or m,,-;_ servio;:es. Broker will "''''"'~ to Seller lfallY _ are to he paid by Buyer-
. dReALTOR~ 199'8
..... ~ 11199 OP_..-tf1mtIia.
tJ.02(~.lIJ. ReeIF,\STlIP $QRw~ Publishing InC.. (e) 2000 RoglIf. PPAP~. THOMAS S. MIT'ROS.A8R.CRP. RE/MA.K HOMEANDERS
C4I04IOO G9~17
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OTHEJt PROPERTIES '
id.la:- ~ ttUY:: BE'~er m~y l,ist. othes: ~es fur sale and that Broker may show ~~ p~~ t;' p~~ve ~s.
CONFLICT OF INTEREsT
... co~t of inLerest is 'When Broker 0(" Licensee has a finandaI or- personal interest where Beoker or licensee C3D.I1ot put Seller's
7lterestS befure any othet~ If the Bcoker, or- any of'Bt-oker's salespeople., has a co.Jrict -~ i7Uerest Ekoker will' n""":fV <I:'o,_n_ .
omelyD;laonc:r. .:If 'I.{f. ~""-T~_Ula
SETILEMENr AND POSSESSION
"" p.d,aed Settlement Date:
c. Selle'( will give possession oftbe Property to Buyer at settlement 0(' on
~- (1) If the Property, or any pan of~t. is ~~ Se~er will give any leases to B("oker before signing this C~ltract.
(2) If any leases aT': ~l,. Sener W!1! P;:'Ovlde a VwTlttcn summary of the terms. including amount of ren. ending dat.:; and
Teo.an.t's respoo.sibtlttJ,cs_ ...
(3) Sc:ll~ 'ViU not entet" into or renew' any lease during ~ tenn of1b~s Contract except as 'fallows:
ITrLE
- At gettlement, Seller will give full rights of ownership (tee simple) to a buyer except as follows. -
(1) Mineral Rights All'............'" .
(2)Othcr
'. Seller bas:
Dyes D
No Mortt!"8e with
Address
Acct. #
D Yes D No Equi1;y loan with
AAdress
". Aoct. N. Amount of bs.laoce S
D?4'o Seller authorizes :s.-oker to recei"ve mortgase pa)'OfF and/or equi<y loan pa)'Otf" ini'llrmati0tl from me lender.
D No past 0.... Thxes Amount owed S . .
D No .1udgm...ts Amount S
Type
D No MWlicipalAss_ents Amount S
D No Other
Amoo= S
C.1f'Sc11a-,. at: anytimeonOl' sinceJ'lIIluary 1.. 1998.. bas bocu. obligated. to pay support under an a-dertb.81ison rccocd 1nanyPeonsylvania
county. list the county and the Domestic Relations Number 0< Docket Number.
Amount of balance S
Phone
Phone
D yes
Dyes
Dyes
CJ Yes
Dyes
ofIlLTIPLE L1Sn:NG.SERVICE (MLS) (Complete if Broker Is a PJember ofan Ml.S)
181 Broker will use a Multiple Llstins Servic:e to advertise the Property to <>th.... real estate salespersons. who can ...u their <O!;..,.u
ami a>st<xners about It. Selter_eesthatmeMLs. th.._..... andLlc:eosoearenot.-=-efurmistlikes intheMLS-.ioAion
of the Property.
D Broker will not ..... a Multiple LIsting $eIvic:e to advertise the Property to other .eat"esrate sal~ . .
"UBUCATIOl'( OF S..u:.E PlUCE
. SeIl<< Is .a.....e that n<OWSpapel'S may publlah the final sale price _ _ctIlent. . .
. sen... 'Will allowpubtlshins of the Sa\e price _ Seller accepts an A_eot of Sale.
181 Yes D No .
. .
:.LGNs &. KEYS Sell';" all""'" (where pegpitted): .
S Yes D No Salo S/gD .. 0 Yes a No S<>td Sip
Dyes CI NoKeyinOffice Dyes a NoLockBax
:Jyes D No
rEMS INCLUDED IN THE PRICE OF T.RE PROPERTY .
. J:u<o.lvJecl. in the sale. and Purcbas. e prico are all_istiD$!<ems pc:t"ID8r18Dtl;y inst8l1ed in the F\ ~......y,.' fi:oe of!leos. ;.,...hu1i..S p-'>lng;
...moa:'I~"gfi.d>..es(in"""';ng~deliets_c:eiUDg iius>;____sy.<tems; pooland_""1'~t;__--'openers
ld'~ teIl~ _." sbrubl>er,y. P~g9, ....i!.............. .......... lUXlr.,_m..'". ~ _4"""""S -.. ~ on .
~ P'rGp<Irty l!t die _e or --ca.; ...-11 towalJ ~ . . 8o-"'S -. shades, and blinds; buJk.iD air cco.ditiaa<oo;s;
dJD.ia aJilPU:lI. - T. au.d. the rango'oveo.. Also iDclud6d:" .
See .........-.. Sheet fur 3dditlooal items inclw\ed in the sale.
rEMs NOrINCLtlDED IN' 1:DE r,ot<<;.m: OF T.RE PllOrAKA,e
~e:lb. Uowia.2 ite:m.s are Aot included. in d10 purchase sad pdq: o(1hc;.Fl_.I"~
. ,~~ 'Ji-...~~.......-nA~~ .'. .
._reatedbytheSctl..- . . , .
. D See afI:IJd;,ed sheet fOr a4d1tionalltems not included in me sale.
. .
v.r.T _ WILL REVEAL DEFEC'IS AND/OR ENVIRDfQG:NTAL HAZARDs' . . .
. SeIleo' ("m...h......g 'Se1Iets_pt1l'om1"C: RealEsmte SeIl....sDisdaSureAct)wUl c!isc:loso an kn<>wnmare<lalde/loct& 804en..-....tat
lZlUda.....a --=-disd.......... om__ .A UlIIteria1 deIi:c:t Is a pt"Oblem or .c:onditiOl1 mat: . .
) lsapo;.siliJe """'ger1ll>~oaeliviug_!hoP\~..-1;y.o:r."', " . .., .
:}h... a aIpifi_ adverseelf"ectonthe....l....of'the P,.......ly. .
. If Sell<< 1lu1s to'1>.1l ofknown m..-w de6I:c:ts lIt!dI<< ~__ bazards. .
(t) s.oIter.will D<Jt hofd _ Or I.i<Jooo.... reopaoslble bl. any_Yo
(2) Sdler will protect 8<_ and L_ll:"om any c:laims. lawsuits. ~ ~ODS _ rcsult; .
(3) Son... will'pe;y all ofBcok<<'s and' ,~......s """'" that.--.It. 'Ibis m<:1\Jdes atta:neys' .fees aDd court-ordc<ed _am< or
.1no ContnK:t.11>>1i oPcnts~ ~
,.02(5.6). R..JIFA$T8 SotlwatB Publ~ ~. (c) 2000 R~ PPAPAR22292::3, THOMAS S. MITROS.ABR.CRP. REIMAX HOMeFtNoeRS
04I0CI00 08:48:1'1
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s~l~c:nts (m~~<ey SrQkcr or w.e:ensC':le p,q;ys.J9. end a.lawsuit 0(" e1a~). .
IF PROPERTY WAS BUILT BJWORE 1m
The ResIdential Lead-Bssed Paint H<=d RedUction Aa "")'3 that any Seller of operty b.ul betOrc' 07 '
pamphlet titled Pr~ Your' .F:unilyfrom lead in Your Home. The Seller also ID~ tell the, ~ and Itb.eSB~':r.~:b:~ BS~ 8.UknEPA
.bout Icad-bosed plIUl' and lead-bosed paiut hazards that are in or 00. th '-'__ e "er <JWS
ic:n0Wlll that 1eadoobased -rMIIint %1(i lcad-ba3ed . hazards ...1.... e yn.,~ -~ sold- Seiter' must. tell the BUyer how the SeUer
" r- .a - areon~ep<openy.wherethelead-basedpaiutandlead-based' th <Is
...... the condition aftb.e paIoted ~ au.d aay otb..... Infurmation Seller Icno_ about lead-based paint and lead-based ~ t hazards
)Q the pt'~. Any Selier ofa ~1978 ~ must also give tho Burel" any t'eca:-ds aud reportS that. the Seller has or = ~
I...d-based pam. or lead-l>ased _ hazards m or around the pro,.aty beins sold. the COIDJ:Ilon areas or _e.- dwelIiugs in ul'ii' a .ut
lOUS~ According to the Act. ~ ~Uer must gi_ a Buyer 10 days (unI.... Seller and Bu)oeo- agree> to a diff'ereot pericxl ::tim~~ilY
he time an AgJ:-eement of Sale 15 signed to, baye a "'risk assessm.~" or. inspection for possz."ble lQld-based. paint hazards doo.e on %:
n-operty~ Buyers. ~ <:h~c not to have the risk. assessment or mspectioo. fur lead paint m.zards dane. !f"Buyer chooses nvt to have
he assc:ssment O'I' oospccnoo... Buyer tI)~ infur:m. the Seller in writing of the choice. The Act does not require- the Seller to :inspoct 00('
cad pamt hazards "'" to C'OlTect lead pau1' hazards on the 1><_. The A<:l does not apply to housing built in 1978 or later,
DEl'OSrr MONEY
~ Broker,. 0(' ao.y per50ll Seller and the ~ name in the Agr~ent ofSalc, will keep all deposit monies paid ~ or tor the buya"
lllllll =W""""""'- If held by ~-. this ~ ~ ~ be held &$ ""'luired by real. estate liccnsiDg laws and regulations.
Se~ agrees that the person keepmg the dcpant 1Il0lnes may 'WB.rt to deposit any uncashed. check that is rooeived as dc:po!Iit money
Ulltil Sener has accepted an otll:r.
B. If Sell<< joins Broker or Lic:eo.see in a 1aw:ruit tOr the return of deposit monies,. SeIter wiU pay Broke:t"s and Li.ceosee's attorneys'
:fees and costs.
RECOVERY FVND
....osyl'l8Dia _ a Real Es_ _ery Fund (the Fuod) to repay any _n who has recei-'. a f"ma1 court roliog (civil judgmeot)
.gainst a Pamsylvania rf$Bl estate ~see. bec:aUse of fi-aud.:. mis.r. ........_tatiaJ. 0{" deceit in a real estate traosaction. The Fund repays
lel'SCUS who have not:: beoi=:a able to ~ -tb.ie _;'~.-,a.'t after tl'yiDg au lawful 'WB.)'S to do so. For ccxnplete details about the Fund.. c:a1l
717) 7113-36S8, OJ' (800) 822-2113 (WithIn PeaosyI'I8Dia) and (717) 783-4854 ("""'ide PennsylV1lllia). ,
.- . . -
1'RANlIFER. OP 'JBJS CONTRACT
'- Btokr:t will notll;y Sell"" imm~ in -..riI:Ins if Broker transliln this Contract to another Broker _ell;
(I) Broker stops dDinS busin_ OR
(:2}B<okeriilnnsanewrealesrarebusin...."OR ,
(3) Brok.... joins IUs __ with another.
Seller agrees tbat Braker may transfer this C<lI11r&ct to another Broker. Broker will notifY Seller immediately in writiDg when a
trms1i:r occurs or Broker wUllose the right to 1r.lnsret this ~. S.,jlcr will tOlI_ all requirements at this Contrad with the
",_broker.
B. Should Seller g1-,.e or transfer 1bc Pt~" or an ownenhip interest in it. to anyone during the term. of this Contract. s1l owners
will tODow the required"""" of"this Cootract.
N"OTICE TO PERSOl'iS OPFElUNG TO ~ OR 1OENJ" HOUSING IN PEl'lNSYLV ANIA.. '
'e.:teraI and state laws tDlIlce it illePl1br Setter.Bralter. or anyone to use RACE. COLOR,. REUGION or REUGIOUS CREED. SEX.
llSAB1Ll.TY (ph~l<< m_tat). F~ STATUS (cbndteo. undet \s ~TS o(age). AGE (40 or oldft). NATIONAL GroOIN.
JSE OR HAND~G OF SUPPOR:r OR GuIDE ANIMALS. or 111;' FACf" OF RELATIONSBJP OR ASSOCIATION
,0 AN INDIVIDUAL gNOWN TO HAVE A DISABILITY as reasons tor relit9ing to sell. show. or rent prcperiies.loen money.
.. set deposit 8D:loimts, or as ~'tOr 8IlY .<J--:rG;..... ~ to ~e ate ot:....yt.""'."ty.
NO uu"...... CONTRA.C'ni ' , " ' ,
~etterwi1\ ooc enter into soother IiStiug ___ with another broker _ hesin$, betOre the Ending Date of this Contract.
ADDttIONA.L OJll'JiQS , , '
)NCB SEI.l.ER ~ Il'oo'TOAN AGREEMENT OF SALE. JSllOKElt. IS NOT REQUIlilED TO PRESENT onmR OFl'ERS,
ENTIBE CONTRACT ..
L'hls COntrad is the _ agr_ betweeo. Brok"" and SeDer. Ar>.y verbal or written agreements tbat """"0 made Were an; DOt
,part oftb.is Comr8<:t.' ,
CIlII.NGES '1'0 "IlBJS (:ON'J:RACT' .
\Jl dIaoaes to this _ must be in writiDg so4 sIsne4 bY'--- Seller
SP.EqAL lNS1'RUcnoNS '. . . . . .'
[he 0iIlc0 <Ii ~ 0e0<<31 """.n<< p<_ppr-.ed any opeQal ~o"" ... addmoual tenns added by any parties. Any sp""'al
nstractiaasia the Contra<it must ~wilh the ~ia P\ain ~guagc~ Comra<:tAct. '
, " , ': , " .ummoNAL II'IJrORMAn~ (O~ONAL) '., ,
T~l1I'ILJ;DES...u'm~NJ1'EES , . " '. " '.
"- At settlement,. SeUerwlllpa<y CD_aIfofthe_ Rem! _e TransferTaxes. unlessotberwlse statedhere;
B. Real _ p,..,..rty Tax Assessmelit $ , , ' Yearly. Taxes S
W~e Tax " ' Per Capita TaxS
::. F":"'-~ Utilities ~ _. _. electric>. gas. oi1. etc.) ,
I). Aosoclatlat Fee$ $ , Include: '
!!; Oche- '
~ FINANCING Seller will accq>t ~~ 1b1lovvin8 arraDsemen<s tor buyer to pay 1br tb.e Propetty:,
c:J Buver will apply 1i>r a m__ T"".(,S s) of".ortgages acceptable to SCller are'
JaY"; '0 No Conventi~ -- IT Yes 0 Nol'HA
Dyes 0 NoVA 0 y.., 0 NO' ,
o Sebar's help to buyer (if any);
... CoaItact........ 0Pen~ Ii,
18.02(5.8), ReI!IIlFAS!411 ~f!'~~(cJ2000 Reuf:PP-AP"~ ~a. M"",OS",,ABR,CRPJ.RE/'MAX~RS
- r" . d REALTORs. 1998
/
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~r bas read tbe Cotisu.mcr Notice -as '.adopted by tbe State Real E8'.t~. ~om~.i~1l SIt. 49- ~3- Code ~35,.336_ ~
:rs mu.t s1gIl.' thd Coa.-t:raet.
rICE BEFORE SIGNING: IF SELLJli:R HAS ,LEGAL QUESTIONS, SELLER IS ADVISED :rO CONSULT AN
~ORNI!:Y." ,
A-.r-
1::R
Robe~t Snyder
575 Ne-v~11e d, Newbu~9, PA 17240-9375
'R Ai ~-<9:/ ~~/
el.en "l" Snyder / '
575 Nevvi1..lQ Road, Newburg... PA: 17240-9375
DATE
PATE
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~/~
)KER (Compllay N.....e)
:EtE/~ HOttEFINDERS
11.5 EKING ST'REET
SR~PPENSBORG PA 1~257
Phone: 717 532 6131...
Fax: 717 532 4380
.
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_&r.lAPBY
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DATE
9"/~/""",,,
. Of REAL TORse 1998
..un,.~11'" , , . . OPennaylYanfa a_~--=
5.02(5.13). RealFASTeS<JC\WaAII pubUsl~ng, me.. (C)~OO ~PPAP~. ~HOMAS s..~. RElMAXHO~~lNDeRS
04104IOO OSl-:-4EI:17
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sTANDARD AGREEMENT FOR THE SALE-OF REi\L;ESfAn;:'
This form ""'~l)mr!le:tlded ~nd 3.!JPro..~d fut. but not -ccsuiaed to lJ~ by. ,;,emb::t$ oithe Pennsylvania AS3ocia~ion Qf REAL TO~SE (P.-'I.R.).
A/S~2K
PA LICENSED BROKER
SELLING BROKER (Company)
ADDREoS.s
PA LICENSED BROKER
LISTING BROKER (Company) RF./J!'l.AX !IornQfinders
ADUR..ESS ] 15 E Kina St'-reet:
Shiooensbura, PA 17257
PH (71,)'132-61.31 . FAX!'i17)~32~43an
DESIGNATED AGE"''' FOR SELLER (if applicable)
PH FAX
DESIGNATED AGENT FOR BUYER (if applicable)
This Agreement, dated June
SELLER(S),
6. 2000
, Is between
!IelQn T Snyder
J ~ober~ Snyder
called "Seller," and
BUYER(S):
~thony ~ Buzzelli
Ma~ta M Buzzelli
called "Buyer."
!. PROPERTY (1-98) Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase:
ALl:. THAT CERTAIN lot or piece of ground with buildings and improvement! thereon erected, if any, known as,
575 Ne~li'1p- Ro~d. ~ewbura
in the '1'cwnshin of HooQwe11
COlUlty of CU2tlbArland in lite Commonwealllt ofPenusylvsnia, Zip Code 17240
Identification (-e.g., Tax ID#; Parcel #; Lot, Block; Deed Book, Page, RecoTding Date)
~.
De~d Book
TERMS (1~(})
(A) Purchase Price Three hur.dred. twentv-fiv"e thousand dollars 1$325. 000_ 001------------------~-
------~-~------~------------------------------~------------~----~---------~------~~P!~
which wiu be paid to Seller by Buyer as follows: " ,
(B) Cash or check at signing lids Agreement:' $
(C) Cash or check within days of the execution of this Agreement: $
(D) Uocn aCCAO-t:ance $
(E) Cash, cashier's or certified ,check at time of settlement: $
TOTAL S
Deposits paid on account of purchase price to be beld by Listing Broker, unless ollterwise staled here:
. Paop.-
(F)
S.OOO.OO
320 000.00
325.000.00
(0) Seller's written approval to be on or before: June 14. 20,00
(H) Settlementto be, made on orberore: Seotember 01. 2000, '
(1) Conveyance from SeHer will be by fee simple deed of special warranty unless 'odtetwise slared here:
(3) Payment of transfer taxes will be divided equally between Buyer and Seiter unless O1herwise s1a1ed here:
, ,
, , ..
(K) At time ,of settlement. the following will be adjusted pro-rara on a daily basis between Buyer and Seller, reimbursing where
applicable: 1axes; rent$: interest on mortgage assumptions; condominium tees and homeowner association ti:es, ifany; water
and/or sewer ,tees, if any, together wi1hany other lienable municipal sezvic~. The charges are to be pro-rated forthe penod(s)
covered: Seller will pay up to and including the date of settlement; Buyer will pay for aU days fullowiog settlement, WIles.
cthClWise stated here: ' . '
4. FIXTURES & PERSONA.L PROPERTY (HIli)
(A) INCLUDED in t!lis sale and purchase price are all exist,ing items' pennanent!y instalied in the Property, free of liens,
including plumbing; !lealing; lighting fIXtUres (in~luding chandeliers and ceiling tiIIIs); watCftreatment systems; pool and spa
h:lK. SQlpdat'd Ag...ment Fqr The Safe Of Real Estate, 1100 COPYRIGHT PENMSYLVANIAASSOClATlON Of REAL TOROO ..sa
rsion G,02(MJ, AealFAST'" SoftWare Pobliohiog 1=. (e) 2000 Reg# PFAPARm923, THOMAS S, MITROS.ABR.CRP. RfIMAX HOMEFlNDERS
/Cf(S)lnitiel.'/J;JfJ'1K& ' ~Ol"'5;lG '
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equipmenr: garage doorlJpene!5 and uansmitlers; relevisi~n antennaS;'shlUbb~"Y, planting~ and 'un potted tree~: :m~ re;"aining
heating an? COOklr:g ~els, stored .o~' the Prop~rt?' at the. time of settlement; wall to waH carpeting; window covering hardv.'are,
shadeS, blmds; bUllHn air conditioners; bUllt-m applIances; and the range/oven unless orhelwise srared. Also included:
(B) LEASED Items (items not owned by Seller):
(C) EXCLUDED fixtures and items:
SPECIAL CLAUSES (1-00)
(A) ~ Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa, Code
935.366.
,(B) !81 Buyer and Seller have received a statement of their r.spective estimated closing costs before signing this
Agreement.
(C) !81 Buyer has re~eived the ~eIlet's Pr,?perty Disclosure Statement before signing litis Agreement, if required by
law, (See Notice, In:tormatlon Regardmg the Seller's Property Disclosure Act.)
(D) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Broker is holding
deposit money) befo!" signing this Agwlment.
(E) The following are part ofthis Agreement if checked:
o Sale &: Settlement of Other Property 0 Tenant-Occupied Property Addendum (PAR Form TOP)
Contingency Addendum (pAR Form 130) 0
o Sale &: Settlement of Other Property Contingency 0
V(ith Right to Continue Marketing Addendum 0
(PAR Form 131)
o Settlement of Other Property Contingency Addendum
(PAR Form 133)
1. This contract is'tontinqen~ upon Buyer receiving relevant information about
adjacan~ land-fill that is satisfactory to buyer, incr~din9 Government repo~ts_ ~
2. Buyer has right of first refusal to purchase additional land. First right of
refu35al to ~e !ormali2ed in writing 30 days afeer accepcance.
3. Buyers have the option to buy additional land from the seller_ Details to
fellow 30 days afcer acceptance.
MORTGAGE CONTIl'lGENCY (l~O) ,
o WAIVED. This $ale is l'!OTi:ontin~ on1ll0l"!g~ge fmallcing.
I8l ELECTED
(A) This sale is contingent upon 'Buyer oblaining mortgage financing as follows:
I. Amount of mortgage loan $ '-110, 000
2. Minimum Term 30 years
3. Type ofmorrgage Cnnvent:innal
4, lnte!"st rate '8 %; however, Bllyer agrees to ace'opt the interest rate as may bo conunitted by the
mortgage lender, not to exceed a maximum interest za1e of 9 .~ %. ,
S. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage .ot: the mortgage
loan (e<"cluding any mortgage iasurancc preliliums or VA funding fee) not tc;-exceed " , % of the mortgage
loan, '
The interest rate and fees provisi9DS required by Buyer are satisfied if a mortgage lender makes availilble to Buyer the ,right to
guarantee an interest rate at or below ~ Maximum In1erest Rate specified herein with the pelCentage te... at or below the
, amount specified herein. Buyer gives Sene{ the right, at Seller. sole option and as pennitted by the lending institution and
applicable laws, tQ contribute financially, without promise of reimbllISement, to the Buyer and/or lender to make the ~ve
terms available to Buyer. . '
(B) Within 10 days of the execution of this Agreement, Buyer will make a completed, written mongage application to a
responsible mongage lending institution. The Selling Broker, if any, otherwise the Listing Broker, is authorized to
communicate with the lender for the purposes,ofassisting in the mortgage loan' process.
(C) I. Upon, reCeipt ofa mortgage commitment; Buyer and/or Selling Broker will promptly deliver a copy of lb.e commitmentto
Listing Broker, if my, otherwise TO SelI~. , ' " ", ' ..' , '. '
"~r. Mortgage c~mmitmentclate JulV 28.2000 ' . lfawrittencom31itmentisnotreceived?y Listing Broker,
if any, otherwise by, Seller,. by. tl\~ above date, Buyer and Seller agree to extend .tbe commitment date until
Seller terminates this Agreement in writing.
3. Seller has the option to terminate this, AlVeement in writing, on or after lb.e mortgage commitment date, if the
mortgage commitment:
K.;. Standard Agreement Far The Sale Of ANI Estate* 1100. . .. . COPYRIGHT PENNSYLVANIA ASSOCiATION OF REAL :ORSQi) 1998
, a.QZ{5,5).llealfA$T<Il> 5_ pullllsn'ng Inc" (e) 2000 ReglO PPAP~. lliOMAS 3, MITR08.AllR,CRP.REIMAX HOMEFlNDERS
ILt 5 ~ 0. O6lOOIOO 11:15:16 Seller{s) lnitial.s
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a. Is not v~lid until the date of settlement, OR , ,
b. Is c:on~itioned upon the sale and settlement of any other property, OR
c. Contams. any other condition not specified in this Agreement
4. In the event Seller does not terminate this Ag",ement as provided above, Buyer has the option to terminate this
Agreement in writing if the mortgllge commiltnent:
a. Is not obtained by or valid until the dale of settlement, OR
b, Is conditioned upon the sale and seUlemenl of any other'property which do nOl occur bvthe date ofsettleme"t
OR - ~,
c. Contain~ any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of
settlement.
5. If this Agre~ment is terminated as specifted in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of
purchase prtce will be returned to Buyer, Buyer will be responsible for any premiums for mechanics lien insurance
and/or title search, or ll:e for cancellation of same, if any; ANTI/OR any premiums for rload insurance and/or fire
insurance with extended coverage, insurance binder charges or cancellation tee, 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 mortgagelender's
requirements to Listing Broker, if any. otherwise to SelleL Seller will. within 5 days of receipt of the 1endets requirements
notify Buyer whether Seller wiD make the required repairs at Seller's expense. '
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 wil~' wilhin 5 days, notify Seller in writing of Buyer's choice
to terminate this Agreement OR make the required repairs at Buyers expense and with Seller's premiss ion,
'lYhieh will not be unreasonably withheld. If Seller denies Buyer permission to make the requil"d repaix;, Buyer may,
within 5 days of Sellers denial. terminate this Agreement If Buyer terminates this Agreement, all deposit monies paid
on account of purchase price will be ret\l1'l1ed pwmptlY'lI) Buyer and this Agreement will be VOID.
(E) Seller Assist
I8J NOT APPLICABLE
o APPLICABLE- Seller will pay:
o $ , maximwn, toward Buyets costs as permitl2d by the mortgage lender.
o
FHANA, IF APPLICABLE
(F) It is expJessly agreed that notwithstanding any other provisions of lhis contract, Buyer will not be obligated to complete the
purchase of the Propeny described herein or to incur any penalty by forteilure of earnest money deposits or otherwise unless
, Buyer has been given, in accordance with HUD/FHA or V A requirements, a written statement by the Federal Housing
Commissioner, Veterans Administration. or a Direct Endorsement Lender se~ing forth the appraised value of the
Property of not less than $ , (the dollar amount to be insened is the sales price as stated in the
Agreement). Buyer will have the privilege and option of proceeding with cOlISUIXllIlatiOti of the contract without regard'to the
amount of the appraised valuation. The appraised valuation is arrived at to determine the maximuin morl"oage the Depamnent
of Housing and Urban Development will insure. HUD does not wanant the value nor the condition of me Property. Buyer
should satisfy himselflherself thlIt the price and condition of the Property are acceptable. '
Warlliilg: Section 10to of Tttle 18, LS.C., Department of Housing and Utban Development provides, "Whoever for the
purpose of. , , influencing in any way the. liction of such departmen~ . : . make?, passes, utters, or publishes any statement
knowing the same to be talse. . , shaIl be fined not more than $5,000 or imprisoned not more than two years, or both:.
(G) U.S. Department of Rousing and Urban Development (HUD) NOTICE TO PURCHASERS:
Buyer's Acknowledgement
'0 Buyer has lCceived'the'HUD-Notice "For Your !'I"otection:..Gef'a,Hoine Inspection~ (see NoticOs'8Ild'Inronna!ion on
Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and bas
thought aboutmis befure signing this Agreement
Buyer's 1l1iili\ls Date
(H) Certification We the undersigned, Sellc:r(s) and Buyer(sJ party to this transaction each certify that the terms of 1I1is contract
for parchase 'are true \l) the best of our knowledge and belief, and that aay other agreement entered into by any of me.. petties
in connection with this transaction is _ched 1I) this Agreement . , '
INSPECTIONS (1-98) ,
(A) Seller hereby agrees to pennit inspeclions by authorized appraisers, reputable certifiers. insurers representatives, surveyors.
, muriicipal officials and/or Buyer as may be required by, the lending institutions, if any. or insuring agencies. Seller further
agreesto permit any othetinspectionsreqUired by or provided IOtin thetenns oftlJis Agreement. ' ,
(B) Buyer reserv.es the right to make a. ~...ettlement waIk:-tl1fough inspection of the Pr~. 'Buye(.s tight to make this inspection
is not waived by any other provision of this Agreement, '
(C) Scner will hl>ve hoating end ell utili;... (including fuol(s)) on for the inspections.
PROPERTY INSPECTlON CONTINGENCY (1-110) "
o WAIVED. Buyer understands that Buyer hIlS 1I1e option to request inspections of the Property (see Property Inspeclion and
~
I.
-2K _ Stand.rd AgtoOITlCtR For Tho Sale Of R..I'~ 1/00 COPYRIGHT PENNSYl VI\IoIIA ASSOCIATION OF REAl TOR~ 199.
""" '.0<1(5,5), RaalFA$T~ Software Publishing 1""-. (e) 2000 RegIl PPAPAR222ll23. THOf.!AS S. MITROS.ASR,CRP. REiMAX HOMEFlNOERS,
,@".,pagIl30f19
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Environmen1ll.1 Notices}: BUYER WAIVES THIS OPTION and agrees'to,the RELEASE set forth'" paragraph 25 of this
Agreemem. .
t8l ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buyer's expense, may chaos. to have inspections and/or
certifications completed by licensed or otherwise qualified professionals (see Property lllspection and Environmental
Notices), This contigency does not apply to the following existing conditions and/or items:
(B) Other provIsIons of this Agreement'may provide for inspections and/or certifications that are not waived or altered
by Buyer's election here.
(C) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will, within the time given
for completing inspections:
o Option 1
I, 'Accept the Property with the information stated in the repon(s) and agree to the RELEASE set fonh in paragraph 25 of
this Agreement, OR
2. Tenninate the Agreement in wrhing by notice to Listing Broker, if any, otherwise to Seller, within the time
given for inspection, in whieh ease all deposit monies paid on account of purchase price will be returned promptly to
Buyer and this Agreement wiD be VOID.
(8l Option 1.
I, Accept the Property with the information stated in the ,eport(s) and agree to the RELEASE. set f9r1ll in paragtaph 25 of
this Agreement, UNLESS the total cost l\) correct the conditions contained in the report(s) is more than
S 5000.00. ,
2. 1f:tbe tOlal cost to COftlOCt the conditions contained in the report(s) EXCEEDS the amount specif",d in paragraph 8(C)
(Option 2) I, Bayer will deliver the report(s) to Listing Broker, if any, otherwise to Seller, within the time
given for inspection.
a. Seller will, within 5 days of receiving the report(s), inform Buyer in writing of Se11.(o choice t9:
I) Make repairs before sealement so that the remaining cost to repair conditions c9nrained jn the report(s)
is less than or equal to 1I1e amount specified in paragraph 8 (C) (Option 2) L
2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions
c9ntained in the report(s)and the amount specified in paragraph 8 (C) (Option 2) I. This option must be ,
acceptable 10 the mortgage londer, ifany.
3) Not make repairs ~d not credit Buyer at settlement for any defects in conditions contained in the
report(s). '
b. If Seller chooS'eS to make repairs or credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2,
'Buyer will accept the Property and agree to the RELEASE set forth in paragraph 25 'of this Agreement
c. If Seller chooses not to make repairs and not to credit Buyer at settlement, or if SeBer fails to ,choose any
option within the time given, Buyer will, within days: '
1) Accept lbe Property wilh lbe informationstllIed in the report(s) and agree to the RELEASE set forth in
" pazagraph 25 of this AllI"ement, 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 retumetl promptly,to Buyer
and this Agreement win be V01D.
WOOD INFESTATlON CONTINGENCY (1:.00)
o WAIVED, Buyer understands that Buyer ~as the option to request that the Property be inspected fur',wood infes1ation by a
certified Pest Control Operator. BUYER WAIVES :nus OPT10N ~d agrees 10 the RELEASE set fotth in psragraph 25 of
this AgieePient . . . ' . ' , ,
t8l ELECTED
(A) Within 60 days of the execution of this Agreement, Buyer, at Buyet's expense, .will obtain a written "Wood-
Destroying lnsect Infestation Inspection Report" from a certified Pest. Control Openttor and win deliver it and all
supporting documents and drawings provided by the Pest Control Opcramr to Listillg Broker, if any, alherwise to Seller. The
report is to be made satisfactory to and in compliance wi1l1 applicable laws, mortgage and lending inSlitutipns. andlor Federal
'Insuring atIdGuaIanteeing Agency requirements, if any. The inspection will include all readily visible and accessible areas
of all structllIes on the Property eXCept the fullowing structures, which will not be inspected:
(B)
(C)
If the inspection reveals evidence of active infestatioll(s). Seller agrees; at Seller's expense and befOff:, settlement, to treat fur
active infeslatlori(s)" in accordance with applicable laws. ' . , ,
If the inspection reveals domage from active infesration(s) or p~""ious inteswion(s). Buyer; at Buy""s expense, has the option'
to obtain a written report by a protessional contractor, home inspectioll service, or strUctural engBieer that is limited to
structUIal damage to the Property caused by WDod-desJroying oi"ganisrils, and a proposal YO repair t\ie 'damage. Buyer will
deliver the sauctural damage report an<l corrective proposal to Listing Broker, if'any; otherwise to Seller, within
days ,of delivering the original1nspection report '
;zK . Swndard Agreement For ihe Sale Of Rt'al Estate, 1/00 COPYRJGHT PENN5Yt.VANIAASSOClA.TJON OF-REAL TORSt81'998
'" 6,02(5,5), R...'FA.$T<ll Son""," PuO\isl1is1g Inc.. (oj 2000 Regll' PPAPAR22;!llZ3. UiOMAS S. MfTR.Qli,AS!l.<;RP. RE!MAX !lOM€FIN~
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(D) Within 5 days of.receiving the structural damage report and corrective propos,al, s..eller win advise Buyer whether Seller will '
repair, at Seller's expense and before 5entement1 any structural damage from active or previQus infestation(sl
(E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Propert)' as repaired anj agrees
to the RELEASE set forth i~ paragraph 25 of this Agreement
(F) If Seller chooses not to repair structural damage revealed by the repott or fails to respond within the lime given. Buyer
within 5 days of receiving Seller's notice, will notify Seller in writing of Buyer's choice to: '
L Accept the Property wi.h the defeclS revealed by the inspection, without abatement of price and agree to the RELEASE
set forth in paragraph 25 of this Agreement, OR
2. Make the repair.> before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's
permission* which wiii nol be unreasonably withheid, in which case Buyer accepts the Property and agrees to the
RELEASE set fotth in paragraph 25 of this Agreement. If Seller denies Buyer pennission to make the repairs, Buyer
may, within 5 days of SeUer's denial, terminate this Agreement: If Buyer terminates this Agreement, all deposit monies
paid on accQu~t of purchase price will be returned promptly to Buyer and this Agreement will be VOID. OR
3. Tenninate this Agreement, in which case all deposit monies paid on account of purchase price win be rerumed
promptly to Buyer and this Agreement will be VOID.
I. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES BUILT
BEFORE 1978 (1-00)
o NOT APPLICABLE
181 APPLICABLE
(A) Seller represents tllat: (check I OR 2)
181 1. Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint h;JZards in or
a bout the Property. ,
o 2. Seller l1as knowledge of the presence of lead-based painr and/or lead-based paint hazards in or about the
Property. (PlOvide the basis for determining that lead-based paint and/or hazards exist, me loOotion(s), the
condition of Ille painted suroces, and other available information concerning Seller's knOWledge of the
presence of lead-based paint and/or lead based paint hazards.) .
(B) Records/Reports (check I OR 2)
181 I, Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazlllds in or about the
Property.
o 2, Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead~based
paint hazsrds in or about the Property, (List documents)
.
(C)
Buyer's Acknowledgment
o 1. Buyer has received the pamph!etPrOlecl Your f"4/tlilyfrof/2 Lead in Your Home and bas read the Lead Warning
Statement contained in Ibis Agreement (See Environmental Notices). '
Buyer's Initials' Date
o 2. Buyer has reviewed Seller's disclosure of known lead.based paint and/or li:ad-based paint hazards, as identified
in paragrn.ph 10(A) and has received the reCords and repol"1S pertaining to lead-based paint arid/or lead-based
paint hazards identified in pal3gt"aphl O(B>-
Buyer's Initials Date
RISK ASSESSMENTIINSI'ECTION: Buyer, acknowledges that before Buyer is obligated to buy, a residential. dwelling
built befo", 1978, Buyer has a I 0 day period (unless Buyer and Seller agree in writing to a different period of time) to conduct
a risk assessment qr inspectioo of the Pr.opeIty for the presence of lead-based paint and/or Iead-based paint hazards.
WAIVED. Buyer understands that Buyer has the riglJ,t te:> conduct a ris\< ~sessment or inspecti~ of the Property l!' de1err,nine
'the presenee of Ie!ld-based paint and/or Iead.based paint hazards. BUYER WAIVES THIS RIGHT and' agrees to the
RELEASE set forth in paragraph 2S,ofthis Agreement
ELECTED
1. Buyer, at Buye~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 comple!l'd witbin
days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different per<od of ,time).
2. Within tile time set, furth above Illr obtaining tbe rtik assessment' and/or inspection of tbe Properf;Y for
lead-based paint andlor 1'18d-pased paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to
Seller, a written list of the specific hazardous CQnditions cited in the report and those correctjons 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 repoM( s), submit a writllOn corrective proposal to Buyer.
The corrective proposal will include, but not be'limited to, the name of the remediation company and a eompletion date
for corrective measures. Seller will provide certification from a risk assessor or Inspecll:lr that <;orreetive ,measures
have been made satisfactorily on or before thecornplctiiln,dllte.' - ' ','
4~ Upon receiving the corrective proposal, Buyer, within S days, will:' ,
a: Accep. the corrective proposal and the PropertY in writing, and agree to the RELEASE set forth in paragraph
(0)
181
o
-2K _ Standard AQfetm:ent For The Sale Of Reat Estate, 1/00 . COPYRIGHT PENNSYLVANiA ASSQClAilON OF REALTORSet 1998
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,2. STATUS OF WATER (HlO)
(A) Seller represents that this property is served by:
o Public Water
@ On-sire Water
o Community Water
o None
o
(B) WATER SERVICE INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledges 1I1at Buyer has 1I1e option to request an inspection of the water service for the Property. ,
BUYE;R'IV AlVES THIS OPTION and agxees to the RELEASE set forth in paragraph 25 of this Agreement
@ ELECTED
I. Buyer has the option, within 60 days of me execution oftbis Agreement and at Buyets 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 serviee.
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 inspection company. Seller also agrees to restore the Property prior to settlement
If the report reveals that the water service does not meet the minimum standards of any applicable governmental
authority and/or fails to satisfy the requirements fur quality andlor quantity set by 1I1e mongage lender, if any, then
Seller will, within 5 days of receipt oftbe report, notify Buyer in writing of Seller's choice to:
a. Vpglllde the, water ServIce tn the minimum acceptable levels, before settlement, in which csse Buyer accepts the
<'ropeIty and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the waf2r 5elVice.
If Seller chooses nor to upgrade the water service to minimum acceptable levels, or fails to, respond within the lime
,given, Buyer wnt, within 5 days, either:
a. Accept the Pl'opelty and the waler service and, if required by the mortgage lender, if any" and/or ~y
governmental authority, upgJ""..de the water service berore settlement or within the time requir-..d by the mortgage
'lender. if any, andlor anygovermnentll authority, at Buyer's expense and with Seller's pmnission, which will
not be unreasonably withheld, and agree to the 'RELEASE set forth in paraglllph 25 of this Agreement. If Seller
denies, Buyer permission to upgrade the water service, Buyer may" within 5'days of Sellers denial. terminate
this Agreement. If Buyer terminates litis Agreeement, all deposit monies paid on account of purchase price
will be returned promptly to Buyer and ,this Agreement will be VOID, OR
,Terminate tliis .Agreement, in. which case all deposit monies paid on account of p.urchase price will be retUrned
promptly to Buyer and this Agreement will be VOID,
13. STATUS OF SEWER (l~O) ,
(A) Seller represent.thaI Property is served by:
0' Public Sewer
@ Individual On-lot Sewage Disposat System (See Sewage Notice t)
D Individual On-lot Sewage Disposal System in Proximity to Well (Se,'; Sewage Notice J; see Sewage Notice 4, if
applicable) ,
o Community Sewage Disposal System
o Ten-acre Permit Exemption (See Sewage Notice 2)
o Holding Tank (See Sewage Notice 3)
o None (See, Sewage N.otice 1) . . .
o None Available/Permit Limitations in Effect (See Sewage Notice 5)
. 0 .
(B) INDIvIDtJAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
o WAIVED. Buyer acknowledgestha:t Buyer has the option to" reQuest an individual on-lot sewage dispo~ inspection of the
Property. BUYER W AlVES lHlS OPTION and agrees to the RELEASE set forth in paragrapb 25 of this Agreement
I-2K . SuindiUd Agnl8ment for TIle Sale Of RnI estate, ,111I0 COPYRIGHT PENNSYLVANIA ASSOCIA TlON OF REAL TOR~ 1096
~"'" ..O:Z(5,S), RooIFA$T4ISoftwor. PulJli.hing tnc.. (c) 2000 Rog#?PAPAR2Z2923. iHQMJ\S.S. MfTROS.ABR,CRP, ~EIMAX HOMEFlNOfRS
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, , I) If the' raia! cost of remediation and retests EXCEED'S the amour..; specified'in paragraph II(S} (Option 2) b,
Seller wil~ within 5 days of receipt of the cost of remediation. notify Buyer in writing of Seller's choice to~
(a) Pay fur the total cost of remediation and retests, in which case Buyer accepts the Property
and agrees to the RELEASE set fonh in paragraph 2S of this Agreemeor, OR
(b) Not pay for the total cost of remediation and retests.
2) If Seller chooses not to pay for the total cost of remediation and retests, or if SeJlcr
fails to choose either option within the time given, Buyer will, within S days, notify Seller
in writing of Buyer's choice to:
a) Pay the difference between Sellets contribution to remediation and retests and the acmal COSl
[hereof, in which case Buyer accepts the Property and agrees to the RELEA.SE set forth in
paragraph 25 of this Agreement, OR
b) Tenninate this Agreement, in which case aU deposil monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOiD,
2.
3.
4.
b.
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I8l ELECTED .,'
L Buyer has "the option. within 60 days of the execution ofth~ Agreemenr "and at Buyers expen:;e, to deliver
to Listing Broker, if any. otherwise to Seller, a written inspection report by a qualified, professional inspector of the
individual on. lot sewage disposal system.
2. Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the
inspection company, empty the septic tank, at SeDer's expense. Seller also agrees 10 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 5 days of receipt of the report, notify Buyer in writing of Seller's choice to:
a, Correct the defects before sottlement, including retests, at Seller's expense, in which case Buyer accepts the
Property and agrees to lhe RELEASE set forth in paragraph 2S ofthis Agreement, OR
b. Not correcl lhe defects, or if Seller fails to respond within the lime given, Buyer will, within
- days, either:
(I) Accept the Property and lhe sysrem and, if required by the mortgage lender, if any, andlor any
governmental authority, correct the defects before settlement or wilhin the time required by the mortgage
lender, if any, andlor any governmental authority. at Buyer's sole expense and with SeDer's permission,
wh.ich witt not be unreasonably withheld, and agree to the RELEASE set rorth in paragraph. 2S of this
Ag...ement. If Seller denies Buyer pennission 10 correct the defects. Buyer may, within 5 days of SeUer's
denial, tenninate this Agreement. If Buyer terminates this Agn:ement, all deposit monies paid on account
of purchase price will be returned promptly to Buyer and this Agreement will be YOID, OR
(2) Terminate this Agxeemerit in writing. in which ease aU deposit monies paid on accollDt of purchase price
will be relllrt1ed promptly to Buyer and this Agreement will be YOID.
4. I~ the report reveals the need It) expand or replace the existing individual on-Iot sewage disposal system, Seller may,
within 5 days of the "'polt. submit a corrective pRlposal to SeDmg Broker, if any, otherwise
to Buyer. The corrective proposal will include, but not be limited to, the name of the remediation company; provisions
for payment, including retests; and completion elale for corrective measwes. Within S days of receiving SeDer's
corrective proposal, or if no corrective proposal is received within the time given, Buyer will:
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 set forth in paragraph 25 of this Agreement, OR
b, Accept the Property and the system and, if required by the mOrtgage lender, jf any, and/or any governmental
authority, correct the defects before settlement or within the time required by the mortgage lender. if any, andlor
any govemmental authority, at Buyet's sole expense and with Sellers pennission, which will not be
unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller de nies
Buyer permission to correct 1I1e defects. Buyer may, within S days of Seller's denia~ tenninate this Agreement.
If Buyer leoninatllS 1his Agreement, all deposit monies paid all acCO\lIlt of purchase pri~ will be returned
promptly to Buyer and this Agreement will be VOID, OR '
c. Terminate this Agreement in writing, in which case ail deposit monies paid on accOunt of purchase price will
be returned promptly to Buyer and,this Agreement will be VOID.
NOTICES, ASSESSMENTS & CERTIFlCATES Of OCCUPANCY (1.00)
(A) Selle'- represents as of Seller's execution of this Agreement, thaI no public, improvement, condominium or homeowner
association assessments have been maae against the Property which Illmain unpaid and that no notice by BIlY government or
public authority has been served upon Seller or anyone on Seller's behalf, inclUding notices relating to violations of zoning,
housing, building. safety or fire ordinances which remain Uncorrected, and that Seller knows of no condition that would
constitute violation of any sllch ordinances which remains uncotre~ed, unless otherwise specified here:
(B) Seller knows of no otber patentiaI nollces (including violations) ~d as~mentsexceptas follows:
(C) In the event any notices (inc Iuding violations)andassessmentSarereceived aftcrexecution of this Agreement'and before settlement,
Seller will notify Buyer in writing, within 5 days of reeewing the notice or assessment, that Seller will:
1. '.Comply with notices and assessments at Seller's expense, in which cllSe Buyer accepts the Property and agrees to the
RELEASE serforth in paragI:aph25 of this Agreemenl.OR
2. NOT comply wi1h notices and assessmentS at Seller's expense, in which case Buyer will notii'; Seller within 5 days in
writing that Buyer will: '
a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set fonh in paragraph
25 of this Agll:Cment, OR ", ,
b, Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
pr'?mptIy to Buyer ":Ild this Agreement will be VOIQ. ,
If 8uyer fai15 to Dotify Seller within the time given, Buyer aceepts, the Property and agrees to the
, , REL EASE set forth in paragraph 2S oUbis Agreement. '
(D) Buyer is advised that access to a public ,road may requirelssuan~ of a highway occupancy pennit from, the Depll!'tment or
T <ansporra1ion. ' . . .
(E) Ifrequired by law, within 10 dayS oflhe execution of this Ag;".ment,Seller~iIl order for delivery to Selling Broker, if
2K 4 Standard Agreement Fo.. The ~ale Of Real E&tat41. 1/00 COP~ PENNSYl VANIAASSOCtATlON OF REAL TORS~ 1998
'" 6.02{5,5), ReaIFAST@ Software Publishing inc.. (e) 2000 Reg# PPAPAR222923. THOMAS S. MITROSABR.CR~. RElMAX.HOMeFlNDERS .
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any. otherwise to Buyer: on"Or before settlement; . 'J
1. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation
of zoning, housing, building1 safety or fire ordinan.cesl AND/OR
2. A certificate permitting occupancy of the Property, In the event repairs/improvements are required for the issuance of the
cerificate, Seller will, within 5 days of Seller's I1:ceipt of the requiremems, notifir Buyer of the requirements and whether
Seller will make the required repairs/improvements at Seller's expen"".
If Seller chooses not to make the ""luired repairs/improvements, Buyer will. within 5 days, notify Seller in writing of Buyer's
choice to terminate this Agreement OR make the repairslimprovemems at Buyer's expense and with SeIle!'s permission,
which will not be unreasonably withheld. If Seiler denies Buyer pennission to make the required r,epairs, Buyer may, within
5 days of Seller's denial, Tenninate this Agreemem, If Buyer rerminates this Agreement, all deposit monies paid on account
of purchase price will be remmed promptly to Buyer and this Agreement will be VOID.
15. TITLE, SURVEYS, & cosrs (1-00)
(A) The Property is to be conveyed tree and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the
following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances,
easements of roads, easemeD1S visi!>le upon lbe gJtJund, easements of record, privileges or rights of public service companies,
if any; otherwise the title to the above described real estate will be good and markelable and such as will be insured by a
reputable Title Insurance Company lit rbii' regular rates.
(B) In the event Seller is unable to give a good and mark.etable tide and such as will be insured by a reputable Title Company at
the regular rates, as specified in paragraph l5(A), Buyer will have the option of taking such title as Seller can give without
changing the price or of being I1:paid all monies paid by Buyer to Seller on account of purchase price and Seller will
reimburse Buyer fur any costs incuITed by Buyer for those items specified in paragraph l5(C) and in paragraph 15(D) items
(1), (~), (3); and in the latter event lherewill be no further liability or obliglltion on either ot'the parties hereto and this
Agreement will become VOID.
(C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting attorney. for the preparation
of an adequate legal descriplion of the Property (or the cOJrcction thereof), will be secured and paid for by Seller. However,
any surveyor surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer.
CD) Buyer will pay for the following: (I) The premium for mechanics lien inswance and/or title search, or fee for cancellation of
same, if any;' (2) The pl1:miums for tlood insurance and/or tlJ"e insurance with extended coverage, insurance binder charges or
cancellation fee, if any; (3) Appraisal fees and charges paid in advance to mortgage lender, if any; (4) Buyer's customary
settlement costs and accruals. '
t6. ZONING CLASSIFICATION (1-00)
Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereof, if
subdividable} is zoned solely or primarily to permit single.family dwellings) will render this Agreement voidable at the option
of the Buyer, and, if voided, any deposits tendered by the Buyer wUI be returned to the Buyer without any requirement for
court action.
Zoniug Classification:
o ELECTED. Within days of the execution of this Agreement. Buyer will verify that the existing use of the Property
as ' is Permitted.
in the event, the use is nOt permitted, BUYllr will, witblD tbll time given for vllrifieation, notifir Listing Bl\lker, if any,
otherwise Seller, in writing that the existing use 'of the Propelty Is not permitted and this Agreement will be VOID,
in which case all deposit monies paid on account of purchase price will be returned promptly 10 Buyer. Buyer's failurll to
respond within thll time given will constitute II WAIVER 'of this contingency and all other terms of this Agreement
remalD in full force aiui affect. '
17. COAL NOTICE
!!'iI NOT APPLICABLE
o APP!.:ICABLE
THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER. INCLUDE OR INSURE THE TITLE TO TfIE COAL AND
RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRlBED OR REFERRED 10 HEREIN. AND 1HE
OWNER OR. OWNERS OF SUCH COAL MAY HAVE WE COMPLETE'LEGAL RIGHT TO RE."'lOVE ALL SUCH COAL
AND IN THAT CONNECTION. DAMAGE MAY RESULT TO TfIE SURFACE OF T.HE LAND AND ANY HOUSE. BUILDING
OR OTHER STRUCIURE ON OR IN SUCH LAND. (This notice is set forth in the manuet provided in Section I of the Act of
July 17, 1957, PL. 984.) "Buyer acknowledges that he may not be obtaining lbll right of protection against subsidence resulting
from coal mining operations, and that the propetty 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 acknowledgment is made for the purpose of complying
with the provisions of Section 14 afllte Bituminous Mine Subsidence and the Land Conservation Act of April 21, 1966." Buyer
agrees to si~ the deed from Seller ~hjch, deed will contain the afo~i<l p'l'Ovisioq. ,
18. POSSESSION (H8) " ,
(A) Possession is to be delivered by deed, keys and: ,
1. Physical possession to a vacant building (if any) broom-d~an. free of debri~ at day and time of senlement, :"-ND/OR .
2. Assignment of existing lease(sJ. together WIth any secunty deposItS and lmereSl, lit time of settlement, if Property IS
tenant-occupied at the execution of this Agreement or unless otherwise specified herein. Buyer will aCknowledge
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existing lease(s) b}' initialing said leases(s) at time of signing of this, Ag,eement. if Property is tenant-occupied,
(8) Seller will !Jot enter into any ne....' (eases, written extension of existing leases, if any. or additional leases for the Property
without expressed written consent of Buyer.
t. RECORDING (3-85) This Agreement will not be recorded in the Office forlhe Recording of Deeds or in any other office or place
of public record and if Buyer causes or permit:; this Agreement to be recorded, Seller may elect to treat such act as a breach ofthi.
Agreement.
I. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians
and successors, and to the extenl assignable, on the assigns of the panies hereto, it being expressly understood, however, that Buyer
will not transfer or assign this Agreement without the written consent of Seller,
DEPOSIT & RECOVERY FUND (1410)
(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 and Ihe person designaled as payee, will be paid 10 Broker or pany idenlified in paragraph 3(F), who will retain
them in an escrow account until consummation or termination of this Agreement in conformiry with all applicable laws and
regulations, Any uncashed check Iendered as deposit may be held pending the acceplance of this offer.
(B) In the evenl of a dispute over entitlement to deposit monies. a broker holding the deposit is required by the Rules and
Regulations of the Slate 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 return of deposit monies, a broker will distribute the monies as directed by a final
order of court or !he written Agreement of the parries_ Buyer and Se lIer agree that, in the event any broker or affiliated licensee
is joined in litigation for the retUrn of deposit monies, the attorneys' fees and costs of the broker{s) and licensee(s)
will be paid by the party joining them.
(C) A Real Estate Recovery Fund e"ists to reimbu~e any persons who have obtained a final cival judgment against a
Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate trimsaction and who have been
unable;o collect the judgment after exhaUSting all legal and equitable remedies. For complete details about the Fund, call
(717) 7'83-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outsIde Pennsylvania).
!. CONDOMINIUM I PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-00)
I8l NOT APPLICABLE
o APPLICABLE: CONDOMINIUM
Buyer acknowledges that the Property is a unit of a condominium that is primarily run by a unit owners' association. ~3407 of the
Unifurrn Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Cemfieate of Resale and copies of
the condominium declaration (other than plals and plans), the bylaws, and the rules and regulations of the association.
o APPLICABLE: PLANNED COMMUNI1Y (HOMEOWNER ASSOCIATION)
Buyer acknowledges that the Property is part of a planned community as defined by the Uniform Planned Community Act
(See DeflOltion of Planned Community Nolice for the definition contained in the Act). ~5407(a) of the Act requires Seller to
furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws. the rules and regulationS of the
assoc iation, and a Certificav. containing the provisions set forth in ~5407(a) of the Act
(A) Within days of the eKecution of this, Agreement, Seller will submit a request to the association for a Certificate of
Resale and the documenls oecessaryto enable Seller to comply with the Act. The Act provides that the association is required
to provide these documents within 10 days of Seller's requesi
(B)' Under the Act, Seller is oot liable to Buyer fur the failun: or delay' of the association to provide the Certificate in a timely
manner, nor Is Seller liable to Buyer iOr any erroneous iniOrmation provided by the association and included in the ~rtificale.
(C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the ,association documents and for 5 days
thereafter, OR until settlement, whichever occurs first Buyer's nolice declaring the Agreement void must be In. w.riting;
thereafter ail deposit monies will be retunied to a uyer. .
(D) In the event the association has tile right to buy the Property (right of first tefusal), and the association exercises that right,
Seller will reimburse Buyer fur all monies paid by Buyer on account of purchase price ahd fur any costs incurred by Buyer
fur: (1) The premium for mechaaics lien, insurance and/or title, search; or fee' for cancellation of same, if any: (2) The
premiums for flood insurance and/or fire insurance with ""tended coverage, insurance binder charges or canceUation fee, if
any; (3) Appl3isal fees and charges paid in advance 10 mortgage lender, if any; (4) Buyers customary settlement coslS and
accruals.
3.', MAINTENANCE & RISK OF LOSS (1-00)
(A) Seller will maintain ille Propetty, grOunds. fixtures, and any personal propetty specifically scheduled herein in its present
condition; nonnal wear and tear excepted.
(8) In the event any system or appliance included in the sale of the Propetty faiis and Seller does not repair or replace the item,
Seller will promptly notify Buyer in writing of Seller's choice to:
I, Repair or replace the iililedsystemor appliance befure settlement or credit Buyer at settlement fOf the fair market value
of the faUed..system of,appliance (this option must be acceptable to the mortgage lender. ifany). In each'case. Buyer
accepts the Property and agrees to the REL.EASE setfotth in~agrapb25 of this Agreement"QR, "
2: Make" no repairs or repllic;elllents, arid not credit Buyer at settlement for the fair market valUe of the failed system or
appliance, In which case Buyer will notify Seller in writing within S days or before settlement, whichever is sooner,
that Buyer will: ' " , , '
a. Accept the Property andag.-ee 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 wlll be returned
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(C) Seller will bear risk of Joss from fU'e or other casualties until time. of settlement. In the event of damage by fire or other
casualties to any propeny included in this sale that is not repaired or replaced prior to senlement. Buyer will have the option
of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the Property
in its then condition together with the proceeds of any insurance recovery obtainable by Seller. Buyer is hereby notified that
Buyer may insure Buyer's equitable interest in Ibis Property as of the time of execution of this Agreement
WAIVER OF CONTINGENCIES (1-00)
In the event this Agreement is contingent on Buyer's right to inspect andlor repair the Property, Buyer's failure to e~ercise any
of Buyer's options within the time timits specified in the contingency provision(s) will constitute a WA.lV\>R of that
contingency and Buyer accepts the Property and agrees to the RELEASE set forth in paragrapb 2S of this Agreement,
RELEASE (1-00) Buyer hereby releases, quit claIms and forever discharges SELLER, ALL BROh.'ERS, their LICENSEES,
El\"rPLOYEES, and any OFFICER or PARTNER of anyone of them and any other PERSON, FlRl'\1, or CORPORA nON
who may be \iable by or througb them, from any and all claims, losses or demands, induding, but not limited to, personal
injuries and property damage and all of the consequences thereof, whether now l<nown or not, which may arise from the
presence of termites or otper wood-boring insects, radon, lead-based paint hazards, environmental hazard., any defects in
tbe Individual on-lot sewage disposal system or de1lCiencies in the on-site warer service system, or any defects or conditions
on the Property. This release wUI survive settlement
REPRESENTATIONS (1-00)
(A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by
Seller, Brokers, their licensees. employees, officers or partners are not a part of this Agreement, unless expressly
incorporated or stated in this Agreement.
(B) It is undentood that Buyer bas inspected the Property before signing this Agreement (including fixtures and
any p~rsonal property speclf'lCaUy scheduled herein), or has waived the right to do so, and has agreed to purchase It in
its present condition unless otherwise stated in this Agreement. Bnyer acknowledges that Brokers, their licensees,
employees, officers or partners have not made an independent examinatinn Or determination of tbe strnctural
soundness of the Property, the age or condition oftbe componenla, environmental conditions, the permitted uses, or of
conditioDS existing In the locale where the Property is situated; nor have they made a mechanical inspection of any of
the systems contained therein.
(C) It is further understood that this Agreement contains the whole agreement betWeen Seller and Buyer and there are no other
terms, obligations. covenants, representations, statements or conditions. oral or otherwise of any kind whatsoever concerning
this sale. Furthermore, this Agreement will not be altered, amended, changed, or modif"Jed except in writing executed by
the patties.
(D) The headings, captions. and line numbers in this Agreement are meant only to make it easier to find the paragraphs.
TIME OF THE ESSENCE-DEFAUl, T (1-00)
The said time for settlement and all other times referred 10 for the performance of any of the obligations of this Agreement are
hereby agreed 10 be ofthe essence of this Agreemenl. For thc purposes of this Agreement. number of days will be counted from the
date of execution, by excluding,the day this Agreemenl was executed and including the last day of the time period. Should Buyer:
(A) Fail1D make 'any additional payments as specified in paragraph 3; OR
(B) Furnish false or incomplete informarion to Seller, Listing Broker. Selling Broker, or 1I1e mortgage lender, if any, concerning
Buy~s legal or financial status, or filil !O cooperate in the processing of the mor.gage loan application, which acts would result
in the failure to obtain the approval of a mor1gage loan commitment; OR '
(C) Violate or fail to fulfill and perfOrm any other terms or conditions of this Agreement; ,
then in such case, Seller has 'the option of relllining all sums paid by Buyer, including lhe deposit monies, 1 Y on accOUnt of
purchase price, or 2) as monies to be applied 11) Seller's damages, or 3) as liquidated damages for such breach, as Seller may
elect, Ilnlcss otherwise checked below.
0, Seller is limited to retaining sums paid by Buyer, inCluding deposit monies, 35 liquidated damages. ,
Is Seller eleetHo retain all sums paid by Buyer, including deposit monies, as liquidated damages, Buyer and Seller will ,be
released from further liability or obligation and this Agreement will be VOID.
BROKERS (1-00) The Business'ReIationship. between the Broker(s) and Seller and Buyer are as follows, UNLESS a different
relationship. is Checked below. '
(A) The Listing Broker is Agent for Seller.
(B) The Selling Broker is Agent for Buyer: .
(e) 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 a Designated Agent(s) ror Seller and a Designated Agent(s) for Buyer. If the same Licensee is
designated for Seller and, Bllyer, the Licensee is a Dual Agent
A BllSiness RelationShip e"ists that is .different from above, as follows:
8 The Selling Broker is the Agen~ubagenl for Seller.
The Selling Broker is a Transactioh Licensee. . "
o The LiSting Broker is a Transaction Licensee_ ' . ,
,(D) Broker(s) may perform services to assiSt unrepres~nt~d parties in complying with the terms orth;s Agreement.
MEDIATION (7-96) , .
o NOT AVAILABLE
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will be no obligation on the pan of any party to do 50,
o El.ECTED
(A) Buyer and Seller will try to re,olve any dispute or claim that may arise from this Agreement through mediation,
in a.:cordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute Resolution System. Any
agreement reached through a mediation conference and signed by the patties will be binding.
(B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home
SeUers/Home Buyers Dispute Resolution System. (See Mediation Notice.)
(C) This agreement to mediate disputes arising from tllis Agreement will sutvive settlement
.yer and Seller acknowledge that they have read and und.man\! the notices and explanatoryinformalion se!forth in this Agreement
.yer acknowledges receiving a copy of this Agreement at the time of signing.
onCE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by fucsimile
ansmission (FAX) of this Agreement, and all addenda, bearing the signatures lIf all parties, constitutes acceptance
. this Agreement. Parties to this transaction are advised to com nit an attorney before signing if they desire legal advice.
CTNES~~
BUYER
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3Q19 Ingoman St, Wasoington. DC 20015
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,1Ier hereby approves the above contract this (date)
ld in consideration of the services =dered in procuring the Buyer, Sener agrees to pay the named l.isting Broker a fee of
7ft-om the herein specified sale price. In the event the Buyer defaults hereunder, any monies paid on account will be divided
, Seller, , Listing Broker, but in no event will the ,um paid to Listing Broker be in excess
, the above specif'led Broker's fee.
ITlilESS
C~~--'SELLER Jidru, J.~ DATE
, Helen T SnydQr /
575 NewviLle Road. NQwburg, PA 17240
ITNESS
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SELLER
J Robe"t
575 N
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rokers'iLke""...' Certifications (check all tbat are applicable):
o Regarding Lead-8as<'d Paint fl'ltll3rds Disclosure: Required if PropertY was built before 1978: Theundersignedl.icensees
involved in this transaction, on 'behalf of themselves and their brokers, certlry that their statements are true to the best of.their
kno~ledge and belief. '.'
ACknowledgme.nt: The L,icensees involved in ,this traJisactlon have infori:ned Seller of Seller's obligations under The
Residential Lead Paint Hazard Reduction Act, 42 U.5.C. 43S2(d), and are aware of their responsibility to ensure compliance.
o Regarding FtfA Mortgages: The undersigned Licensees involved in this transac:tion, on bel1alfof1hemselves and their brokers,
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certify tbai tbe -'terms of this contract for purchase are tme to the'best of 'theiIt knowledge and belief, and that anv other
agreement entered into by any of these parties in connection with this trarisacrion is attached to this Agreement. .
o
Regarding Mediation; The undersigned 0 Listing Broker 0 Selling Broker
agree to submit to mediation in accordance with paragraph 29 of~eement.
BROKER (Company Name) ~ . W-,:;.-Fr.r-1) ~
ACCEPTED BY \ DATE
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LISTING
SELLING BROKER (Company Name)
ACCEPTED BY
DATE
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NOTICES AND INFORMATION
INFORMATION REGARDING THE SELLER'S PROPERTY DISCLOSURE ACT
,nerally speaking, tJ.te Se lIer's Property Disclosure Act applies to any sale. exchange, installment sales contrncl, lease with an option to
~y, or transfer of an mterest 10 real estate where not less tban one and not more than four residential dweOing unitsare involved.
Ie Act stipulates that cerrain disclosures have to be made and delivered in a form derllled by the Ac!, before an agreement of sale is
!ned,
Ie Act defines nine exceptions, where the form does not have to be used.
1. Transfel'3 that are the result of a court order.
2. Transfel'3 to a mortgage lender that result from a buyer's demult and subsequent foreclosure sales that resuh from default.
3. Transfel'3 by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or truST.
4. Transfers from a co-owner to one or more other co-owners.
5. Transfers made to a spouse or a direct descendanT.
6, Tl1lI\srer.s between spouses that result from divorce, legal sqJar.ation, or property settlement
7. Transfers by a corporation to its shareholders as part of a plan of liquidation.
8. Transrers by a partnership lD its panners as part of a plan of liquidation.
9. Transfern of new consnuction that has never been occupied when:
a. The buyer has received a on~year written warranty covering the c:onstIUctioo;
b. The building has been inspected for compliance with the applicable building code or, jf none. a nationally recognized
model building code; and
c. A certificate of occupancy or a certincale of code compliance has been issued forthe dwelling,
addition to these exceptions, the Act limits lhe disclosure in the C!lSeS of condominiums and cooperatives to the sellers patticular unit. It
IeS not impose disclosures regarding common areas or mcilities; those elements are already addressed in the laws that govem the resales
. condominiums and cooperative interests.
NOTICE TO BUYERS SEEKING FINANCING
Ie appraised value of the Prope/ly is used in determining the maximum amount of the loan and' may be diffi:rent from' the
llehase price and/or malket value.
NOTICES AND INFORMA nON ON PROPERTY CONDITION INSPECTIONS
S. Department of Housing and urban Development
IIA LoallS:
For YOUr Protection; Get a Home Iospection
'hat the FHA Does FOr Buyers...snd What We Don't Do
'hat we do: fHA he Ips people become homeowner.s by insuring mortgages' lOr lenders. This allows Iendet; to offer mortgages to
:5t-time buyers and others who may not qualify for convetional loans. Because the FHA insures the loan for the lender, the buyer
(Ys only a very low down-payment.
'hat we don't do: FHA does not guaranIee 1I1e value or condition of your potential new home. If you find problems with your new
Ime after closing, we cannot give or lend you money for repairs, and we cannot buy the home back from you.
'hat's why it is so important for you, the buyer, to get an independent home inspection. Before you sign a contr.act, ask a qualified
Ime inspector to inspect your potential new home and give yotl the information you need to make a wise decision_
ppraisais and Holtle Inspedions lire Different
s part of our job insuring the jOllJl, we require that the lender conduct an FHA apptaisal. An appraisal is different from a home
speerion, Appraisals are for lenders; home inspections ~ for buyers. The lender does an appraisal for three reasons: '
To estimall> the value of a house
, To make sure that the house meets FHA minimum property standards
, To make'sure that the hou~ is markel3ble
ppraiBals are nllt home inspectia""
'by a Buyer Needs a Home Inspection ,
home inspection gives the buyer more detailed information than an apPI3isal - information you need to make a wise decision. In a
.me inspection, a qua[jfied inspector takes an in-depth, unbiased look at your potential new home to: '
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Evaluate the physical condition: sttucture~ construction; and mechanical- systems ..
Identify items that need to be repaired or replaced
Estimate the remaining useful life of the major systems, equipment, structure, and finishes
Wbat Go,," into a Home Inspection
A home inspection gives the buyer an impartia~ physical evaluation of the overall condition of the home and items that need to be
repaired or replaced. Tbe Inspection gives a detailed report on the conditiOn of lite structural components, exrerior, roofing, plumbing
electrical, heating, insu lation and ventilation, air conditioning, and interiors. '
Be an Informed Buyer
It is your responsibility to be an informed buyer. Be sure that wbat you buy is satisfuctory in every respect. You have the ricrht to
carefully examine your potential new home with a qualified home inspcclDL You should arrange tD have a home inspection before
you purchase your home. Make sure your contract states that the sale of the home depends on the inspection.
If you believe you have been subject to discrimination because of your race, color, religion, sex, handicap, fumilial status, or national
origin, you should call the HUD Fair Housing and Equal Opportunity Complaint Hotline: (800) 669-9777,
This statement must be delivered to you at the time of initial loan application. Return one copy to your lender as proof of notification
and keep one copy for your records.
You, the borrower(s), must be certain tbat you understand tbe transaction. Seek professional advice if you are uncertain.
.
,
PROPERTY INSPECTION NOTICES
Property In.pection: A general inspection <.If the Properly can be petformed by a professional contractor or borne inspection service and
roay include inspections of: strUctucal components; roof; exterior windows and exterior clootS; exterior siding. fascia, gutlElS, and
downspoutS; appliances; electrical, plumbing. beating, and eooling systems; water penetration; and any other items Buyer may select
Inspections or certifications might include: Environmental Hazaros (c.g., Asbestos. Ureafunnaldehyde foam Insulation, Underground
Storage Tanks, etc.), Electromagnetic Fields. WetlJmds Inspection, Flood Plain Verification, Property Boundary/Square Footage
Verification, and any other items Buyer may s.l.ct. BUyer is .dvi:led to investigate easements. deed and use restrictions (including !Lny
historic preservation restrictions or ordinances) that apply to the Property and to review local zoning ordinances.
Flood Plain.: If the Propeny is Iocated,in a flood plain. Buy.r may be required to carry additional insuranee.
Property Boundary/Square Footage: Buyer is advised that Seller has not had 1I1e Property surveyed and that any fenc.s, bedges, walls
and other namral or constructed barriers may Or may not represent lbe trUe boundary lines of the Property. Buyer is also advised that any
numerical repr_ntations of squan: foorago of the !ltt1CIlIre(s) andlor lot size are approximations only and may be inaccutllte, Buyer is
advised to engage a professional surveyor or obtain an independent measurement of tlte structUre(s) andlor lot size if Buyer wishes to
make this sale contingent on Buyer's approval of the Property's boundaries or squate footage.
Water Service: Buyer may elect to have the water serVice inspected by a professional water testing eompany. In addition, on-site water
service systems may have to meet certain quality and/or quantity requirements set by the municipality or the lender.
Wood-Desll"oying Insect Infestation: Ins~ whose primary source of food is wood, such as termites, wood-boring beetles, carpenter
ants, carpenter bees, and certain other insec1S, can cause damage to the wood sttuctUre of a residence. Termite and Pest Control companies
are aVllilable to make inspections to determine whe1herwood-destroying insects are present. Because of the way lbese insects function,
damage to wood may be hidden. Careful selection should be made of skilled ""pens in the termite/pest control field to insnre a proper
determination of whether wood-boring insects or resultant damage is present
ENVIRONMENTAL NOTICES
Asbestos: Theheat'resistant and dwable nawre ofasbesto. makes it useful in conslruction and industry. The physical propecties that give
asbestos its resistance to heat and decay Me linked with several adverse human health effects. Asbestos Clm easily break into microscoP~c
fibers that can remain suspended in the air for long periods oftime. When inhaled, these fibers easily penetrate body tissue. Asbestos IS,
known to cause Asbestosis and various forms of cancer. Inquiries or requests for more infonnation about asbestos can be directed to the
Unired Slates Environmental Protection Agency, III 18th Street N.W., Wasliington. D.C. 20207, andlor the Department of Health,
Commonwealth of Pennsylvania, Division o{Environmental Health, Harrisblll'g, PA 17120.
Electromagnetic Fields: Electromagnetic fiolIds (EMF.) occur Mound all electrical appliances and power Jines. Conclusive evidence that
EMFs pose healtb risks does not exist at present, and Pennsylvania has no laws regarding this issue.
Environmental Hazards: The U.s. EnvirolUllen1a1 Protection A!;ency has a list ofhazaroous substances, the use and disposal of which are
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,.stricled by law, Generally, if hazardous substances are found on a propeny, it 'is the preper))' own~'s responsibility to dispose of them
)roper/yo For more information and a list of hazardous substlnces, contact U.s. Environmental Protection Agency, III 18111 Street N.W"
Washington, D.C. 20207, (202) 260-4700.
Ureaformaldehyde Foam Insulation (UFFI): Ureaformaldebyde Foam Insulation (UFFl) is a thennal insulation material 1hat is
illaJ\ufactured at the site of installatioD and pumped mill the space in the walls of the building being insuJaled. UFFI can release
formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effects linked 10 exposure to UFFI are cancer,
!CUte illness such as eye, nose, and throat irritation, and sensitization. Although a 1982 ban of future sales ofUFfl by the U.S. Consumer
>roduct Safety Commission was overturned in 1983 because the heal1h risk was not established as "unreasonable," it is recommended
hat prospective buyers be inf.ormcd if UFFI is present or has been present on 1I1e property. Tests can be conducted to determine the
:oncenttation of formaldehyde gas present in a SlIUcmre, as well as to measure the presence and toxicity of UFFI. The cost of removing
LlFFI will vary with the design of the construction and the accessibility of the insulation. Information regarding tests and testing
?rocedures can be obtained by writing the U.S. Consumer Product Safety Commission, Office of the Secretllty, Third Floor, 5401
Westbard Avenue, Be1l1esda, MD 20207.
Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands
,y an environmental engineer ro determine if permits for plnns to build, improve, or develop the property would be affected or denied
",cause of wetlands.
Lead: (For Properties built before 1978)
Lead Warning Statement: Every purcbBser of any interest in residential real property on which a residential dwelling was builr
prior to 197$ is notified that such property may present exposure to lead from lead-based paim that may place young children at ri.k
of developing lead poisoning. Lead poisoning in young children may pltlduce permanent neurological damage, including learning
disabilities, reduced intelligence quotient. behavioral problems, and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on
lead.based paint hazards from risk assessments or inspections in the seUer's possession and notify the buyer of my known
lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Lead HllZ9rd Disclosure Requirements: In accordance with the Residential Lead-Based Paint Hazard Reduction Act. any seller of
property built berore 1978 must provide the buyer with an EPA-approved lead hazards inmnnation pamphlettitledProlecl Your
Family From Lead in Your Home and must disclose to the buyer and the Broket(s) 1I1e known plUmce of lead-based paint and/or
lead-based paint hazards in or on the property being sold, including the basis used for determining that lead-based paint and/or lead-
based paim hazards exist, the location oflead-based paint and/or lead-based paint hazards, and the condition of painted surfaces.
Any seller of a pre-] 978 structUre must also provide the buyer with any records or reports available to the seller pertaining to
lead-based paint and/or lead-based paint hazards in or about the propeIty being sold, the common areas, or other residential
dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase any hou.ing constructed
prior to 1978, the seller will give the buyei- 10 days (unless buyer and seller agree in writing to another time period) to conduct a
risk assessment or inspection for the presence oflead-based paint andlor lead-based paint hazards_ The opportunity to conduct a
risk assessment or inspection may'be waived by the buyer, in writing. Neither testing nor abatement is required of the seller.
Houslngbuilt in 1978 or later is not subject to the Act
Radon: Radon is a natural, radioactive gas that Is produced in lbe ground by the nonnal decay of uranium and radiwtL Studies indicate
that extended exposure to high levels of radon gas can inCJl'ase the risk of bi.ng cancer. Radon can find its way into any air-space,
including basements and crawl spaces and can permeate a 'lnIctUre. The U.s. Environmental Protection Agency (EPA) advises corrective
action if the annual average exposure to radon exceeds 0.02 walking levels or 4 picocurieslliter. If a house has a radon problem, it usually
can be cured by increased ventilation and/or by prevClllting radon entty. Any person who tests, mitigates, or safeguards a building for
radon in Pennsylvania must be certified by lbe Department of Environmen1al Protection. Information about radon and about certified
testing or mitigation flrnls is available through DEP. Bureau of Radiation Protection. P.O. Box 2603, Harrisburg, PA 17120,
(800) 23RADON or al7) 783-3594.
NOTICE 1:
'SEWAGE NOTICES
NOTICES PURSUANT TO THE PENNSYLV ANlA SEW AGE F AClLlTIES ACT
THERE ]S rn CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE
SUBJECT PR'':'PERTY. Section 7 01 the Pennsylvania Sewage Facilities Act provides that no person shall instal~
constrUe!, requ<,;! bid proposals for consuuction, alter, repair or occupy any building or strUcture for which an '
individual sewage syslzm is to be in5lalled, without first obtaining a pennit. Bll}"1'r is ed~d by this noti~e that, before
signing this Agreement, Buyer should contact the local agency charged with, administering the Act to '
detennine the procedure and requiremeIrt$ fur obtaining a permit for an individual sewage system_ The local agency
chatged with administering lbe Act wlll be the municipality where the Property is located or rhat municipality working
cooperatively wi1l1 others.
:J.:-2K 4 Standard Agreement: For The Sale Of Roal Estate, 1lOO COPYRIGHT PeNNSYLVANIA ASSOCIATION OF REAL TOR~ 1998
".on 6.Q2(5.0), R...!FASTlP _'" Public""'Q 111"-, (0) 2000 _ PPAPAR222ll23. THOMAS S.MITI<OS.AIlR.CRP. RElMAX HoMEFlNDERS
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THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-
ACRE PERJ'\1lT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVA."lIA SEWAGE
F ACILlTIES ACT. (Section 7 provides that a perroit may nOI be required berore installing, constructing, aw8Iding a
cont",ct for construction, altering, repairing or connecting to an individual sewage system where a len-acre parcel or lot
is subdivided from a parent tract after JMuary 10, 19&7). Buyer is advised that soils and site testing were not conducted
and lhat. should lhe system malfunction, lhe owner of the Property or properties serviced by the system at the time of a
malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as
a result
THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TE,MPORARY) TO WIDeH
SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND
CONSfRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT AN"011lER SITE.
Pursuant to the Pennsylvania Sewage Facilities Act, Seller must provide a history of the annual cost of maintaining
the tank from the date of its installation or December 14, I 99S. whichever is later.
AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code
~73.13 pertaining to minimum horizontal isolation distau<:es provide guidan<e_ Subsection (b) of F3.13 states that the
minimum horizontal isolation distance between an individual water supply or water supply system suction line and
treamtent tanks shall be 50 leet Subsection (c) F3.13 states that the horizontal isolation distance between the
individual water supply or water supply system suction line and the perimeter of the absorption shall be 100 feet
.
'THIS LOT IS WITHIN AN AREA IN WIDCR PERMIT LIMITATIONS ARE IN EFFECT AN"D IS SUBJECT
TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN
UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE
PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
DEFINmON OF A PLANNED COMMUNITY
"
rhe Uniform Planned Community Act defines 'planned community" as leal estate with respeer to which a person, by virtue of ownership
)f an intelesi in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's
nterest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management. administration or regulation
)f any part of the real estate other than the portion or interest owned solely by the person_ The Term excludes a cooperative and a
:ondominlum, but a cooperative or condominium may be part of a planned community. For the purposes of 1his defmition, "ownership'
ncludes holding a leasehold interest of more than 20 years, including renewal options, in real estate. The leno includes non-residential
:ampground communities.
Exemptions from tbe Uniform Planned CommlDlity Act- When a Certif"ICam of Resaie is Not Required
rhe oWller of a property located within a planned community is not required to funiish the buyer with a certificate of resale under the
following circumstances: '
... The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units
to increase the size of the planned community.
B. The Planned Community is one in which aU of the units are restricted exclusively to non-residential iIse. unless the declaration
provides that the resale provisions are nevertheless to be followed.
c:. The Planned Community or units are located outside the Commonwealth of Pennsylvania.
D. The transfer of the unit is a gratUitous transfer.
E. The transfer of the unit is required by court order.
r _ The transfer of the unit is by the government or a governmental agency.
O. The transfer of the unit is the result offoreclosure or in lieu of foreclosure.
Notices Regarding Public Offering Statements and Right to Rescission
[f Seller is a Declarant of the condominium or planned community, Seller 's required to furnish Buyer wi1h a copy of the Public
Offering Statement and il5 amecements. For condominiums, the delivery of the Public Offering SlaTemem must be made no later than
the date the buyer executes th: 0 ".yccment Buyer may cancel this Agreement within IS days after receiving the Public Offering
Statement and any amendments ,hat materially and adversely affect Buyer. For planned communities, the Declarant must provide the
Buyer with a copy of the PubLc Offering Statement and its amendments no iater than the dare the Buyer executes mis A~eroent
Boyer may cancel this Agreemenl within 7 days after receiving the Public Ofti:ring Statement and ""y amendments that materially and
adversely affect Buyer.
, TIME IS OF THE ESSENCE
1-2K - Standard Agr1Klment For Tho $z.I~ Of Resl Estate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TOR$@1998
,,'on 8.02(5.5), RealFASTe Sotlwore PUb",hing Ino.. (0) 2000 Regt# PPAPAR222923. THOMAS S.IolITROS.ABR.CRP. REJIIAl( HoMEFlNOERS
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,8 dates and time limits set within this Agreement must be adhered to or ihis' Agreement' is breached. for the purposes of this
,yeoment, number of days will be counted from the date of execution by excluding the day on whicb this Agreement was executed
ld by including the last day of the time period. The date of execution is Ibe date when Buyer and Seller have indicated
LlI acceptance of this Agreement by signing andlor initialing it.
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
Agreement of Parties The Rules and Procedures oftbe Dispute Resolution System (DRS) apply when the panies have agreed in
writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum
to an agreement of sale, or lhrough a separate written agreement.
Initiation of Mediation If a dispute exists, any party may startthe mediation process by submitting a completed Request to Initiate
Mediation DRS Transmittal fonn 'Transmittal Fonn) to the loc.! Associauon of REALTORS@(hereafter "AdminislJator"). The
Transmittal Form should be avail< ,Ie through the AiministratOJ', office. The initiating party should try 10 include the rollowing
infonnation when sending the COtll 'eted Transmittal ;"orm to the ' dministralOr:
a. A copy of the writt<J agreement to mediate if tl:'.-re is one. OR a request by the initiating party to bave the
Administrator conuet me other parties 10 the dispute to invite them to join the mediation process.
b. The names, addresses and 1Clephone oumbers of the parties involved in 1IIe dispute, including the name of <:Yet)'
insurance company known to have received notice oflhc dispute or claim and tb~ cnrnosponding file or claim number.
c. ;A brief statement of the facts of the dispute and the damages or relief SOUghL
Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each party to the
dispute a copy of the Transmittal FotlD and a list of qualified mediators and their fee schedules. Each party then bllS tell days to
review the list of mediators, cross off the name of any mediator to whom the party objec1s, and return the list to the Administrator_
The Administrator will appoint the fll"st available mediator who is acceplable to all parties involved.
A mediator who has any financial or personal interest in the dispute or the results of the mediation cannot serve as mcdiamr to that
dispute, unless all parties are inromed and give their written consent.
Mediation Fees Mediation fees will be divided equally among the parties and will be paid before the mediation conference. The
parties will follow the payment tec:" contained in the mediator's fte schedule.
Time and Place of Mediation Conference Within ten days of being appointed to tbe dispute, the mediator will contact the panics
and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all
parties. The mediation conference sbould not be more than sixty days from the mediator's appointmentto the dispute.
Conduct of Mediation Conference The panies attending the mediation conference will be expeClEd to:
1. Have 1I1e authority to enter into and sign a binding settlement to the dispute.
2. Produce all information required for the mediator to understand the issues oflbe dispute. The information may include
relevant written mm:erials, as well as descriptions of witnesses and the content of their tesumony, whether or notlbey
will be appearing at the mediation confetellce. Tbe mediator can require the parties to deliver wrilIen materials and
infOrmation before the 1ate of the mediation cooference.
The mediator presiding over the conference:
1. WUI impaniaIly conduct an orderlY se1tlemeot negotiation_
2, Will help the parties define the matterS in dispute and reach a mutually agreeable solution.
3. Will have no authority to render an opinion, to bind the parties to bis or her decision, or to force the panies to reach
a settlemenL
Formal rules of evidence will not, ;,ply to the mediation confer'" :e.
Representation by Counsel Any p,,'y who intends to be accompznied to the mediation conf_nce by legal counsel will noufy the
mediator and the otber parties of th. :ntellt at least ten days berore 'he conference.
Confidentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration, judicial or other
proceeding. This includes. but is not limited to. my opinions or suggestions made by any parry regarding a possible settlement;
any admissions made during the COUlSe of the mediation; any proposals or opinions expressed by the mediator, and any responses
given by any party to opinions, suggestions, or proposals.
...2K.. Standard Agreemilnt For Th" $41119 Of Real :':state. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIAnON OF REAl. TORS$ 1993
;ion 6.02!5.SJ. RealFA$Tl!I $on.ware PubJiShin; IflC-., ::.) 2000 Reg#- PPAPAR22Z923. THOMAS $. MfTROS.ASR.CRP. REJMAX HOMEANDERS
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No privilege will be affected by disclosures made in the course of the mediation.
Transcripts or recoroings of the mediation will not be allowed without the prior. written consent of all panies and the mediator.
Records, reports, and other documenrs received or prepared by the mediator or Administrator cannot be compelled by an arbitration,
judicial, or other proceeding, with the exception of an agreement that was reached in the course of mediation and signed by all
the parties.
Nei1l1er tile mediator nor 1I1e Administrator can be compelled to testify in any proceeding regarding infonnation given or
representations made either in tile course of the mediation or in any confidential communication.
I. Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and
all parties will sign the written agreement within ten days of the conClusion of the mediation conference. Every reasonable effutt
will be made to sign the written agreement at the eod of the conference.
,0. Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR. 1HE MEDIATOR, TIiE NATIONAL ASSOCIATION
OF REAL TORS<il, THE PENNSYLVANIA ASSOCIA nON OF REAL 1ORS<il, NOR ANY OF ITS MEMBER BOARDS, SHALL
BE DEEMED NECESSARY OR INDISPENSABLE PARnES IN ANY JUDICIAL PROCEEDINGS RELATING TO
MEDIATION UNDER ntESE RULES AND PROCEDURES, NOR SHALL ANY OF THEM SERVING UNDER 1lffiSE
PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACf, ERROR OR OMISSION IN CONNECTION WIn! ANY
SERVIcE QR THE OPERATION OF 1HE HOME SELLERSlHOME BUYERS DISPUTE RESOLUTION SYSTEM.
"
~-2K . Standard Agreement For Thcr: Sale Ot Real Es~ 1/00 COPYRIGHT PENNSYl VANtA ASSOCJATlON OF REAl. TORSS 1998
,;ian 6.02{5.5J. ReoIFA$Tll> Software Publisl1ing Inc.. (eJ 2000 Reg# PPAPAR222923. THOMAS S. MlTR05,AllR,CRP. REIMAX HOMEANDERS ,
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b. Terminate this Agreement in writing. in which case all deposit monres paid*on account of purchase price will
be returned promplly to Buyer and this Agreement will be YOlD,
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:
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 aU deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be YOID,
(E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of
their knowledge, .
RADON CONTINGENCY (l-OO)
(A) Seller represents that: (check appropriate response(s))
181 1. SeUer has no knowledge conceming rhe presence or absence of radon,
o 2, Seller has knowledge that the Property was tested on the dates, by the methods (e.g" charcoal canister, alpha track,
ete.), and with the results ofall tests indicated below:
DATE TYPE OF lEST RESUL 1"5 (pieoeurieslliter or working levels)
COPIES OF ALL A V AILABLE lEST REPORTS will be delivered to Buyer witlt this Agreement. SELLER DOES
NOT WARRANT EITHER THE METHODS OR RESULTS OF tHE TESTS. . '
o 3. Seller has knowledge tltat the Property underwent radon reduction measures on the <!ate(s) and by the methodes)
indicated below: '
t DATE RADON REDUCTION METHOD
181 WANED. Buyer understands that Buyer has the option to request that the Property be inspected for Jadon by a certified
inspector (see Radon Notice). BUYER WAIVES THIS OPTION and agrees 10 the RELEASE set forth in paragIllph 25 of this i
Agreement.
o ELECTED
(B) Buyer, at Buyer's expense, bas lbe option to obtain, from a certifIed inspector, a radon test of tlte Property and will deliver a
copy ot'the test report to Listing Brokor, if any, otherwise to Seller, within days of the execution nfthis
Agreement. (See Radon Notice.)
1. If the test report reveals the presence of radon below 0.02 working levels (4 picocurieslliter), Buyer accepts the
Property and agrees to theRELEASE set furth in para!iraph 2S oflhis Agreement,
'2: If the test report reveals,lIte presence of radon at or exceeding 0.02 wolking levels (4 picocurieslliter), Buyer wiJ~
within 'days of receiptoftlte test results:
o Option I
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, OR
c. Submit a wrltlell. corrective proposal to Listing Broker, if any. othClWise to Seller. The corrective proposal
will include. but not be limited to, tlte name of the certixJed, mitigation, company; provisions for payment,
including reUl5ts; 3I\p. "ampletion date for c~ve measures.,.
1) Within 5 days of receiving the corrective proposal, Seller will:
a) Agree to the UllJllS of the 'corrective proposal in writing, in which case Buyer accepts the Property
and agrees UI the RELEASE se:t forth in paragraph 25 ot'thls Agreement, OR
b) Not agree UI the teuns of the corrective proposaL ," .
2) Should Seller not agree to the terms ot'the corrective proposal or fail to respond within tIIetime given,
Buyer will, wi!hin 5 days, elect to:
a) Accept, the Property in writirlg and agree to the RELEASE set furth 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 promptl::.- to Buyer and this Agreement will be VOlD.
Accept the Property in writing and agree to tlte RELEASE set forth in paragraph 25 oHhis Agreement, OR
,Submit a:written, corrective proposal to Listing Broker, if any, otherwise to Seller. The conectiire proposal
will include, but not' be limited to, the ,name of the certifIed mitigation company; provisions for payment,
including rereslS; and completion date for corrective measuxes. Seller will pay a maximum of:S
toward the toral cost of remediation and reteSts, which will be comp1eUld by settlement
o Option 2
a.
b.
.21( - Standard AGteement For The Sillc Of'Real e.u. 1/00 COPYRIGHT PENNSYlVANIA ASSOCIATION OF REAL TORS@l1998
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
1. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
: NO. 01- 6,YO/
Defendants : mRY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P .C., and makes the following Answer to Defendants' New Matter:
34. Paragraph 34 contains a conclusion of law to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 34 is denied.
35. Denied.
36. Denied.
37. Admitted.
38. Denied. Plaintiff is without sufficient knowledge to admit or deny the allegations and strict
proof is required at trial.
39. Paragraph 39 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 39 is denied.
40. Paragraph 40 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 40 is denied.
Document #: 247271.1
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41. Paragraph 41 contains a conclusion of law to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 41 is denied.
42. Paragraph 42 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 42 is denied.
43. Paragraph 43 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 43 is denied.
44. Denied.
45. Denied.
46. Paragraph 46 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 46 is denied.
47. Defendants' Exhibit "C" is a writing which speaks for itselfto which no responsive pleading
is required. To the extent that a responsive pleading is required, Paragraph 47 are denied.
48. Paragraph 48 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 48 is denied.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court to
enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and Helen T. Snyder,
in the amount offorty thousand five hundred and 00/100 Dollars ($40,500.00), interest on that
amount, the costs of this action and such other relief as the Court deems just and proper.
Document #: 247271.1
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David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg,PA 17110-0300
(717) 238-8187
Date: I) /.,.. z. J 2-" '" 'Z-
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Attorneys for Plaintiff
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VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The factual basis for the responses set forth in the foregoing Answer to Defendants' New
Matter is based upon information which I have furnished to counsel, as well as upon information
which has been gathered by counsel and/or others acting on my behalf in this matter. I have read
the Answer to Defendants' New Matter, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information, and belief.
To the extent that the content of the Answer to Defendants' New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Answer to Defendants' New Matter are made subject to the penalties of
18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
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CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Plaintiffs Answer to Defendants'
New Matter, with reference to the foregoing action by first class mail, postage prepaid, this 2.$- J
day of December, 2002, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
METZGER, W1CKERS~'P.C.
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David H. Martineau, Esquire
Document #: 247271.1
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THOMAS S. MITR()S,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this _ day of
, 2003, after due consideration of
Plaintiff's Motion to Compel Discovery, it is hereby ORDERED that Defendants provide full and
complete answers to Plaintiff's Interrogatories Directed to Defendants - First Set and Plaintiff's
Request for Production of Documents Directed to Defendants - First Set within ten (10) days of
service of this Order. Failure to comply with the Order will result in sanctions as provided by
Pa.R.C.P. No. 4019.
BY THE COURT:
J.
cc: David H. Martineau, Esquire; PO Box 5300; Harrisburg, P A 17110-0300
cc: Anthony Marc Hopkins, Esquire; 212 North Queen Street; Lancaster, PA 17603
Document #2&3294
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V AN1A
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CNIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this "1 po;... day of ~ ' 2003, upon consideration of
Plaintiffs Motion to Compel Discovery, a Rule is entered upon Defendants to show cause, if any
they have, why the relief requested in said Motion should not be granted.
Rule returnable L days from service.
J.
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cc: David H. Martineau, Esquire; PO Box 5300; Harrisburg, P A 17110-0300 f<1uM /1'>14.' I, ..
cc: Anthony Marc Hopkins, Esquire; 212 North Queen Street; Lancaster, P A 17603 7~D 9 _0,3
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THOMAS S. MITROS,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401
1. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
Plaintiff, Thomas S. Mitros, through his undersigned counsel, moves this Court pursuant
to Pa.R.C.P. No. 4006(a) and 4019 for an Order compelling Defendants, J. Robert Snyder and
Helen T. Snyder, to serve upon the undersigned complete responses to Plaintiffs Interrogatories
Directed to Defendants - First Set and Plaintiffs Request for Production of Documents Directed
to Defendants - First Set served upon them on February 24, 2003. In support of this Motion,
Plaintiff represents as follows:
1. On November 9, 2001, Plaintiffs Civil Complaint was filed with the County
Prothonotary.
2. On January 9, 2002, Plaintiffs Complaint was reinstated and timely served upon
Defendants.
3. The Complaint arises out of Plaintiff s representation of Defendants as real estate
agent in the sale of real estate formerly owned by Defendants in Newburg, Cumberland County,
Pennsylvania.
4. Defendants filed an Answer with New Matter on December 12,2002.
Document #283294
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5. On February 24, 2003, Plaintiff served his First Set of Interrogatories Directed to
Defendants. A true and correct copy of the 18 Interrogatories are attached hereto as Exhibit "A"
and incorporated herein by reference.
6. On February 24, 2003, Plaintiff served his First Set of Request for the Production
of Documents Directed to Defendants. A true and correct copy of the 11 Requests are attached
hereto as Exhibit "B" and incorporated herein by reference.
7. To date, Defendants have not served answers ill response to the foregoing
discovery requests.
8. In addition, Defendants have not served any objections to the foregoing discovery
requests.
9. Pa.R.C.P. Nos. 4006(a) and 4019 allow Plaintiffs to move to compel discovery as
well as move for sanctions if the requested discovery answers are not produced within 30 days
after service of the interrogatories.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests that this Court enter an
Order compelling Defendants to serve upon the undersigned full and complete verified answers
to Plaintiffs Interrogatories Directed to Defendants - First Set and Plaintiff s Request for
Production of Documents Directed to Defendants - First Set in ten (10) days or suffer
appropriate sanctions upon further application of this Court.
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Document #283294
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Date: June li, 2003
Document #283294
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Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
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David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiff
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants : JURY TRIAL DEMANDED
PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT
TO: J. Robert Snyder and Hellen T. Snyder
clo Anthony M. Hopkins, Esquire
, Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, P A 17603
PURSUANT TO THE PROVISIONS of Pennsylvania Rules of Civil Procedure 4005
and 4006, as amended, you are required to file the original, and serve a copy on the undersigned,
of your answers and objections, if any, in writing and under oath, to the following Interrogatories
within thirty (30) days after service of the Interrogatories.
The answers shall be inserted in the spaces provided following each Interrogatory. If
there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on
a supplemental sheet.
These Interrogatories shall be deemed to be continuing in nature pursuant to
Pennsylvania Rules of Civil Procedure 4005 and 4006. If between the time of filing your
original answers to these Interrogatories and the time of trial of this matter, you or anyone acting
in your behalf learns the identity and location of additional persons having knowledge of
discoverable facts and the identity of persons expected to be called as an expert witness at trial
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not disclosed in your answers, or if you or an expert witness obtains information upon the basis
of which you or he knows that an answer was incorrect when made, or know that an answer
though correct when made is no longer true, promptly supplement your original answers under
oath to include such information thereafter acquired, and promptly furnish such a supplemental
answer on the undersigned.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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By _72/ ;;{/ -)
David H. Martineau, Esquire
Attorney I.D. No. 84127
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: ~b~""(J :/Lf.201l.i
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DEFINITIONS
Definitions, -- The following definitions are applicable to these interrogatories:
A. The words "you" or "your" when used herein refer to all Defendant(s), their officers,
representatives, attorneys, agents, servants and/or employees or any person working for such
person.
B. "Identity" when used herein with respect to an individual means to state: (1) the
person's full name and present or last known address; and (2) the person's position, employer and
employer's address at the time of the events referred to in the Interrogatory.
, C. "Identity" when used herein with respect to an entity other than an individual (e.g., a
corporation, partnership, unincorporated association, governmental agency, etc.), or a division or
subdivision thereof, means to state the full name and present or last known address of the entity,
and, if applicable, the full name and present or last known address of the entity's division or
subdivision.
D. "Identity" when used with references to a document or writing, the word "identify"
shall mean to include the date it was written; identify each person to how it was addressed and
identify each person to whom a copy was identified as being directed, identify each 'person who
received a copy of the document or writing with a description of the document or writing as for '
instance, "letter", "memorandum"; include the present location and identify its custodian. If any
document or writing is no longer in your possession or subject to your control, state what
disposition was made of it, the reason for such disposition, the date thereof, and identify its current ,
or last known location and custodian. Whenever you are asked to "identify" an oral cornmunication,
the following information should be given as to each oral communication or which you are aware,
whether or not you or others were present or participated therein. This information includes the
means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date;
the names, addresses, employers and positions of all persons who participated in, or who were
involved in the communication, all other persons who were present during or who overheard that
communication, the substance of who said what to whom and the order in which it was said, and
whether that communication, or any part thereof, was recorded or referred to in any document.
E. "Document" when used herein means any record, including any object containing
written, printed, or magnetically recorded information, a graphic or photographic representation, or
sound. "Document" includes the original or any copy of any statement, report, letter, memorandum,
book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound
recording. "Document" also includes any card, disc, tape, printout or any other article designed for
use with a computer or other word or data processing system.
F. "Identify" when used herein with respect to a document means to state: (1) the
nature of the document (i.e., whether it is a statement, report, etc.); (2) the title of the document, or,
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if the document has no title, a description of the document; (3) the identity of the person or persons
who prepared the document; (4) the identity of the person or persons for whom the document was
prepared or to whom the document was directed; (5) the date the document was prepared; and, (6)
the identity of the present custodian of the document or any copy of the document.
G. When the word "incident" is used in these Interrogatories it is to refer to those
occurrences alleged in Plaintiff's Complaint.
H. CONCERN, CONCERNED, OR CONCERNING - means referring or relating to,
pertaining to, commenting on, or connected with, in an manner whatsoever.
I. As used herein, the term "STATEMENT" means a written statement signed or
otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or
other recording, or a transcription thereof, which is substantially verbatim recital of an oral
statement by the person making it and contemporaneously recorded.
J. If you claim that the subject matter of a document or oral communication is
privileged, you need not set forth the brief statement of the subject matter of the document, or the
substance of any oral communication called for above. You shall, however, otherwise "identify"
such document or oral communication and shall state each ground on which you claim that such
document or oral communication is privileged.
K. As used herein, unless otherwise specified, the word "Property" means the property
located at 575 Newville Road, Newburg, Cumberland County, Pennsylvania.
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INTERROGATORIES
1. Please set forth your full legal nante; any other nantes which you have used, the
inclusive dates during which each such nante was used, and the reason for such usage; your
present address, any address used by you during the last ten (10) years, and the dates on which
you utilized each such address; your date of birth and the state, county, and city of your birth;
and your Social Security Number.
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2. Identity of Parties:
a. Do you agree that the Defendants, as identified in Plaintiff's Complaint,
have executed the documents attached to Plaintiff's Complaint in their capacities as individual,
natural persons?
b. If not, what is the factual basis for your answer?
c. Do you contend that any of the documents that are attached to Plaintiff's
Complaint were entered into by any person or entity, acting as the owner or seller of the
Property, other than the Defendants, including, but not limited to, agents or principals of
Defendants, imposters, forgers, any corporation, partnership, limited liability company or other
business entity?
d. If your answer to subpart c, was "Yes", identify each person or entity
which you contend entered into the documents attached to Plaintiff's Complaint.
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3. Do you contend that the Complaint filed in this action incorrectly designates your
complete name or omits any corporate or business name in any manner at the time of the events
set forth in the Complaint. If so, state the correct corporate name or business name below.
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4. Have you been convicted of a felony or misdemeanor, and if so, state:
(a) the county and state in which you were convicted;
(b) the nature of the felony or misdemeanor of which you were convicted;
( c) whether such conviction resulted from a jury verdict, plea of guilty, or
plea of nolo contendere;
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the date of your conviction;
the name and address of the tribunal imposing sentence;
the title of the cause and case number assigned by said tribunal to your
the nature of the sentence imposed; and
the dates and places of any facility in which you were incarcerated.
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5. Insurance -- If you are covered by any type of insurance, including any excess or
umbrella insurance, that might be applicable to the incident in this matter, state the following
with respect to each such policy:
(a) The nante of the insurance carrier which issued the policy;
(b) The nanted insured under each policy and the policy number of
each policy;
(c) The type(s) and effective date(s) of each policy;
(d) The antount of coverage provided for injury to each person, for
each occurrence, and in the aggregate for each policy; and
(e) Each exclusion, if any, in the policy which is applicable to any
claint thereunder and any reasons, if any, why you or the carrier
claint the exclusion is applicable.
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6. Factual basis for defenses -- State with particularity the factual basis for each
defense you are asserting in this case.
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7. Witnesses.
(a) Identify each person who
(1 ) Was a witness to the events specified in Plaintiff's
Complaint or Defendants' Answer thereto through sight or hearing
and/or
(2) Has knowledge of facts concerning the happening of the
events specified in Plaintiff's Complaint or Defendants' Answer
thereto.
(b) With respect to each person so identified, state that person's exact
location and activity and time at which that person witnessed or
came into knowledge of the events specified in Plaintiff's
Complaint or Defendants' Answer thereto.
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8. Statements -- If you know of anyone that has given any statement (as defined by
the Rules of Civil Procedure) concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was made,
and whether it was reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement
that was reduced to writing or otherwise recorded.
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9. Trial witnesses. -- Identify each person you intend to call as a non-expert witness
at the trial of this case, and for each person identified state your relationship with the witness and
the substance of the facts to which the witness is expected to testify.
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10. Expert Witnesses -- Identify each expert you intend to call as a witness at the trial
of this matter, and for each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. (You may file as
your answer to this interrogatory the report of the expert or have the
interrogatory answered by your expert.)
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11. Demonstrative evidence. -- If you know of the existence of any photographs,
motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
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12. Trial preparation material. -- If you, or someone not an expert subject to Pa.R.C.P.
No. 4003.5, conducted any investigations of the incident, identifY:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b) All notes, reports or other documents prepared during or as a result
of the investigation(s) and the persons who have custody thereof.
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13. Trial exhibits. -- IdentifY all exhibits that you intend to use at the trial of this
matter and state whether they will be used during the liability or damages portions of the trial.
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14. Books, magazines, etc. -- If you intend to use any book, magazine, or other such
writing at trial, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
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15. Admissions. -- If you intend to use any admission( s) of a party at trial, identifY
such admission(s).
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16. Do you contend that the contract was or is, for any reason, void because it is
against the principles of law or public policy? If so, upon what facts do you rely to substantiate
this contention?
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17. Authenticity of Documents:
a. To you agree that the documents attached to Plaintiffs Complaint are true
and correct copies of those documents as they appeared when executed by the
Defendants?
b. If not, what is your factual basis for your Answer?
c. Identify each document that you claim to have been altered after it was
executed by the Defendants.
d. IdentifY each term of any document that you contend to have been altered
after the document was executed by the Defendants.
e. IdentifY the person whom you claim altered each document that you claim
to have been altered after the document was executed by the Defendants.
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18. IdentifY each and every instance in which Anthony J. Buzzelli or Marta M.
Buzzelli indicated that they did not intent to purchase the Property? Include in your response:
a. The date on which the indication occurred.
b. The manner in which Anthony J. Buzzelli or Marta M. Buzzelli indicated
that they did not intend to purchase the property.
c. The reason, if any, given by Anthony J. Buzzelli or Marta M. Buzzelli why
they did not intend to purchase the property.
d. The person to whom the indication was made.
ANSWER:
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Dated: ;::;~""#o:J .! ~ 2elll,3
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METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By J/-y ;P'~---
David H. Martineau, Esquire
Attorney LD. No. 84127
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Plaintiffs Answer to Defendants'
New Matter, with reference to the foregoing action by first class mail, postage prepaid, this .:I4'~
day of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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Dooument #248444
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants : JURY TRIAL DEMANDED
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANTS - FIRST SET
TO: J. Robert Snyder
Hellen T. Snyder
Pursuant to Pa.R.C.P. No. 4009.1 and 4009.11, you are hereby requested to produce for
inspection and copying at the offices of the Plaintiff's counsel, David H. Martineau, Esquire,
Metzger, Wickersham, Knauss & Erb, P.C" 3211 North Front Street, P.O. Box 5300, Harrisburg,
Pennsylvania, 17110-0300, or at such other location as being mutually agreed upon by counsel,
not later than thirty (30) days after service of these requests the following documents. In lieu of
the formal scheduled production, copies of all requested documents with signed' and verified
responses may be forwarded to Plaintiff's counsel at the above address within thirty (30) days
after service of these requests. The definitions contained in the Plaintiff's First Set of
Interrogatories Addressed to Defendants, are incorporated herein as if fully set forth.
1. Any and all statements as defined by Pa.R.C.P. No. 4003.4.
2. Any and all expert reports discoverable under Pa.R.C.P. No. 4003.5.
3. Any and all correspondence related to the sale of the Property to Anthony J.
Buzzelli and Marta M. Buzzelli.
4. All documents relating to the sale of the Property to Anthony J. Buzzelli and
Martha M. Buzzelli, including but limited to any contracts and closing documents. Include both
copies of any contracts as they now appear and copies of any contracts as Defendants claim that
they appeared at the time they were executed by Defendants.
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5. Any and all correspondence related to the sale of the Property to Community
Refuse Services, Inc., including but limited to any contracts and closing documents.
6. All documents relating to the sale of the Property to Community Refuse Services,
Inc.
7. All other writings, memoranda, data, and/or tangible things which relate directly or
indirectly to the incident and damages referred in the Complaint (excluding references to mental
impressions, conclusions or opinions representing the value or merit of the claim or defense or
respecting strategy or tactics and privilege communications from an to counsel).
8. Any and all documents prepared by you during the investigation of any aspect of
the incident in question excluding those documents not discoverable under Pa.R.C.P. No. 4003.5
and the attorney-client privilege.
9. Any and all documents prepared by insurers, representatives, agents, or anyone on
your behalf during the investigation of any aspect of the incident in question excluding those
documents not discoverable under Pa.R.C.P. No. 4003.3, 4003.5 and the attorney-client
privilege.
10. Any and all documents and/or exhibits which you intend to offer or identifY as
exhibits and/or evidence in any depositions or at trial of this matter.
11. Any and all documents identified in your answers to any set of Interrogatories
propounded by any party to this litigation.
These Requests are deemed to be continuing Requests, and any and all documentation or
information requested herein which is discovered, obtained or available subsequent to the fust
response hereto shall be furnished immediately to Plaintiff s counsel.
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Dated: ;:::; i~? .:{ ~ /""3
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METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By~;JF ~ _
David H. Martineau, Esquire
Attorney I.D. No. 84127
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
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CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certifY that I served a true and correct copy of Plaintiff's Request for Production of
Documents to Defendants - First Set with reference to the foregoing action by fIrst class mail,
postage prepaid, this .1'1t4.ay of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster,PA 17603
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- David H. Martineau _
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CERTIFICATE OF SERVICE
AND NOW, I, David H. Martineau, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C.,
attomeys for Plaintiff, hereby certify that I served the foregoing document this day by depositing the
same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed
to:
Anthony Marc Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster,PA 17603
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David H. Martineau, Esquire
Date: June M, 2003
Document #283294
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
CERTTFTCATF. OF SF.RVTCF.
AND NOW, this ~ day of November, 2003, I, David H. Martineau, Esquire, of
METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certifY that I have this day served
the Order Compelling Discovery, dated August 7, 2003 by depositing a copy of the same in the
United States Mail, First Class, postage prepaid, to the individua1(s) addressed below.
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, PA 17603
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David H. Martineau, Esquire --
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THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401 CIVIL TERM
J. ROBERT SNYDER and
HELEN T. SNYDER,
Defendants
JURY TRIAL DEMANDED
IN RE:
MOTION FOR SANCTIONS
ORDER OF COURT
AND NOW, this 5th day of January, 2004, it
appearing that the discovery has been provided, albeit late, the
motion for sanctions will be limited to an award of attorney fees
for the actual time expended in connection with forcing answers
to the requested discovery. Counsel is directed to provide the
Court and Defendant's counsel with a breakdown of the billing to
support their request for counsel fees. The Defendant's counsel
is then given 10 days to make any objections to the
reasonableness of that billing. If no objections are made, we
will enter an order awarding fees upon request of Plaintiff's
counsel.
~avid H. Martineau, Esquire
Attorney for Plaintiff
vinthony M. Hopkins, Esquire
Attorney for Defendants
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APR 0 5 ?1l04
April 2, 2004
SINCE 1888
3211 North Front Street
PO, Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
The Honorable Edward E. Guido, Judge
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
Other Offices
Colonial Park Mechanicsburg
717-652-7020 717-691-5577
Millersburg Shippensburg
717-692-5810 717-530-7515
Re: Mitros v. Snyder
Civil Action No. 01-6401
Dear Judge Guido:
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I am writing to follow-up on your Order of January 5, 2004, directing me to submit a breakdown
of fees and costs associated with forcing discovery in the above-captioned matter. As Attorney
Hopkins and I had indicated to you at the time of the hearing on my Motion for Sanctions, we
have come to an agreement to settle all claims of Thomas Mitros against J. Robert and Helen T.
Snyder. As part of the settlement agreement, Mr. Mitros has agreed to withdraw his Motion for
Sanctions. Upon completion of the settlement process, we will mark the docket as satisfied.
If you require any further information regarding this matter, please contact me.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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David H. Martineau
DHM/ammQI'Ofl\
cc:
Anthony Marc Hopkins, Esquire
301930-1
James F. Carl
Edward E. Knauss, IV*
Jered L. Hock
Steven P. Miner
Clark DeVere
Milton Bernstein
Bruce J. Warshawsky
Francis J, Lafferty, IV
David H. Martineau
Andrew W. Norfleet
Andrew C. Spears
Young-Suh Koo
* Board Certifted ill civil
Il'iallawandadvocacy
by the Nlltiol1al Board
of Trial AdvQcaCl)
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Anthony Marc Hopkins, Esquire
NIKOLAUS & HOHENADEL, LLP
212 North Queen Street
Lancaster, PA 17603 .
9717) 299-3726 FAX (717) 299-1811
E-mail: thopkins@niko1aushohenadel.com
Attorney LD. # 47394
Attorney for Plaintiffs
THOMAS A. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER,
NO. 01-6401
Defendants/Additional Plaintiffs
vs.
MICHAEL BANGS,
Additional Defendants
PRAECIPE TO SETTLE. DISCONTINUE
AND END WITH PREJUDICE
1. Please mark the Plaintiff's case against the Defendants settled, discontinued and
ended with prejudice.
2. Please mark the Defendants/Additional Plaintiffs' case against the Additional
Defendant, Michael Bangs, settled, discontinued and ended with prejudice.
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Anthony Marc Hopkins
Attorney for Defendants
J. Robert Snyder and Helen T. Snyder
METZGER, WICKERSHAM, KNAUSS
& ERB, P.C.
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David H. Martineau, Esquire
Attorney J.D. No. '!lfl Z. }-
Attorney for Plaintiff Thomas A. Mitros
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CERTU'ICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing document
upon the following person(s) and in the following manner, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure.
Service bv First Class Mail
David H. MarlincalJ, E3quire
Metzger, Wickersham, Knauss & Erb, P.c.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Kathryn Lease Simpson, Esquire
Mette, Evans & Woodside
3401 North Front Street
P.O. Box 5950
Harrisburg, PA 17110-0950
NIKOLAUS & HOHENADEL, LLP
Date:
<t{gglJ5
BY:
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Anthony Marc Hopkins, Esquire
Attorney for Defendants,
J. Robert Snyder and Helen T. Snyder
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