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ANDERSON-STERN, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. : 99-5759 CIVIL TERM
KRISTINE FRANTZ
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, October 10, 2000, the Court having been informed that
the above-case has been settled, the panel of arbitrators previously
appointed is vacated and the chairman, Steven Fishman, Esquire, shall be
paid the sum of $50.00.
By the Court,
E. Hdyfer, P.J.
Steven Fishman, Esquire
Chairman %n?n G.c io/w?av
Court Administrator
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ANDERSON-STERN, INC.,
V.
KRISTINE FRANTZ,
Plaintiff
Defendant
TO THE HONORABLE, THE JUDGES OF SAID COURT:
JOHNSON DUFF %STT 8 WEIDNER
Ma . Duffle, Attor y for Plaintiff
Mark C. Duffle, counsel for the Plaintiff in the above action respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the Defendant in the action is unliquidated but stipulated to be under arbitration
limits. There is no counterclaim.
The following attorney is interested in the case as counsel, or is otherwise disqualified to sit as
arbitrator: James D. Bogar, Esquire for Defendant.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom
the case shall be submitted.
Respectfully submitted,
AND NOW, this _day of _
foregoing petition, the following are appointed
:134128
in the
NO, 99.5759 CIVIL
2000, in consideration of the
med action:
JPY),- P.J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
rr,:,v
cl'1, "'ANTI,
AND NOW, this _ I & day of May, 2000, the undersigned does hereby certify that he did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
James D, Bogar, Esquire
1 West Main Street
Shiremanstown, PA 17110
JOHNSON, DUFFIE, STEWART 8 WEIDNER
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cumberland County
JUDICIAL DISTRICT
Ninth
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. Qg- 5759 /'L? 1 ?7-
NOTICE OF APPEAL
Notice is given that the appellant has filed in the abov9 Court of Cormm(in Pleas an appeal hum the Padgrrmnt rendered by the District Justice
on the rule and in the case mentioned below.
..oro.r.
Anderson-Stern, Inc. -, .09-3-05
....., o ---- --.;,.- - - -- -- -----
19 North Baltimore Street DillsbLay PA 17019
08/30/99 Pmderson Stern, Inc. Kristine Frantz
Cv 19 99-0000205
LT 19 Mark C.
This block will be signet) ONLY when this notation is renuirad Under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when iecewed by the District lustiu;, will npe'ow as
a SLIPERSEDEAS to theiudgment for possession in this cosy.
$ryndtun; of Pro tlrnomarV ?r nenu'V
I
s
If appellant w Claimant (six Pa. R.C.P,J.P.
No 100116) in action before District Justice he
MUST FILE A COMPLAINT within twenty (20)
clays after filing tits NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
f"Phiksection of forth to he used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(71 in action hefore
IF NUSED, detach from copy of notice of appeal to be served upon appellee).
PRAECIP . To Prothonotary
Enter rule upon Kristine Fral
(Common Pleas No. '(tl
J apneecehl
I within twenty i20f days after
Jus tice.
appellep,K, to file a complaint in this appeal
ir/gment of non pros.
Nlar C. DI1fTle,ure el/re r or tos attorney or agent
RULE- To Kristin Zmtz- --- appeal: sl
Name ofapperlr. si
i
I
(1) You are notified that a rule is hereby ere pon you to file a complaint in this appeal within twenty (20) days V•
after the date of service of this rule upon you by nal service or by certified or registered mail.
(2) If you do not file a complain thin this time, a DGMEN7 OF NON PROS WILL BE ENTERED AGAINST
YOU UPON PRAECIPE. }
(
(3) The date of servi of :his r???u+++le if service was by mail is the da I mailing.
Dale:(, 19 ?•? _ /_Oc
I / nature of rufhonolaryorDepury " U }
White--- Prothonotary Copy
Green --- Court File Copy
Yellow--- Appellants Copy -
Pink ------ Appellee Copy
Gold ...... D. J. Copy
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V 7174321433 ANDERSON'STERN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CMMERLAND_
09.3-05
DJ Name. Han
GAYLE A. ELDER
`03'' 507 N. YORE ST.
KOCBANICSSDRG, PA
TOW~. (717) 766-4575
ANDERSON-STERN INC
19 N.BALTIMORE ST
DILLSBURG, PA 17019
09/15/99 11:06 PO1
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
TIMDERSON-STERN INC
-71
19 N.BALTIHORE ST
DILLSBDRG, PA 17019
L J
VS.
DEFENDANT' NAME And ADDRESS
FRtANTZ, KRISTINE 1
2455 CAPE DRIVE
NECHANICSBORG, PA 17055
L J
17055
DocketNo.: CV-0000205-99
Date Filed: 7/16/99
THIS IS TO NOTIFY YOU THAT:
JUJymci J. Pei" n'+PMMANT '----
® Judgment was entered for: (Name) PRANT7. R)LTRmTNR
- ----
® Judgment was entered against: (Name) ANnERSON.SMERwr 3XC_
in the amount of $ --_Il0 on: (Date of Judgment)
n Defendants are jointly and severally liable.
? Damages will be assessed on:
u This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
Levy is stayed for days or ? generally stayed.
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $
0
.0
Attorney Fees $_ , 00
Total $ .00
Post Judgment Credits $ __..
Post Judgment Costs $
Certified Judgment Total $ _
L_J Objection to levy has been filed and hearing will be held:
Dale: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGME T/TR CRIPT FORM WITH YOUR NOTICE OF APPEAL.
r,4,2"Date_ District Justice
that Ibis is a true and correct
Date
the judgment.
, District Justice
My commission expires first Monday of January, 2002 SEAL
AOPC 31599
>
NOTICE OF APPEAL
COMMONWEALTH Or PENNSYLVANIA
COURT OF COMMON PLEAS -? FROM
Cumberland County
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
Ninth
COMMON PLEAS No, 9(r7 'L_ y
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal horn the judgment rendewd by the District Justice
on the date and in the case mentioned below.
N?Mi O,ON rr Nl[LLM1N,
Anderson-Stem, Inc.
.toONf„Of.l•I ?wi CI
19 North Baltimore Street Di1lstRa?c
(ie/30/99 ?ersam-Stern, Inc.
Cv 19 99-0000205 /
LT 19 mark/
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10068.
This Notice of Appeal, when received by the Dismct Justice, will upe"Ite as
a SUPERSEDEAS to the judgment for possession in this eau.
$?gnarure o l Profhnno terry ur DepufV
--i,
-- - 09-3-05
oar-
-- - --- PA 17019
Kristine Flantz
l^?- it --
tf?. F• _. ?
If appellant). was Claimant (see Pa. R.C.P.J.P.
No. 1001161 in action before District Justice, he
q
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
E
PRAECIPE TO ENTER RULE TO FILE COMPLAINT ANXTOFILE
b ore District Justice.
to be used ONLY when appelfant was DEFENDANT (see Pa. R.C.P.J.P.
from copy of notice or appeal to be served upon appellee).
complaint in this appeal
^ y (20) days after servict f ju?gment of non pros.
(This section IlikCgon
IF NOT USED, de
PRAECIPE: To Pr(
Enter rule upon
(Common Pleas No.
R
RULE: To
Nome of appellceh;
C.
or his attorney or
(1) You are notified that a rule is hereby entered on you to fl complaint in this appeal within twenty (20) days
after the date of service of this rule upon you by pe nal service or by tifjed or registered mail.
(2) If you dpnot file a complaint wi n this time, a JUDGMENT OF NO ROS WILL BE ENTERED AGAINST
YOU UPON PRAECIPE.
(3) The'date of service is rule if service was by mail is the date of mailing.
Date:
y Sgnamreofldruth t taQ ryor oepuly
r
White---- Prothonotary Copy
Green --- Court File Copy
Yellow--- Appellant's Copy
Pink ------ Appellee Copy
Gold ------ D. J. Copy
C= y0 n
all: 9
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST HE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF-L--I.-.A A- ! ; yy
AFFIDAVIT: I hereby swear en al6im Ih:n I sc. vcd
' s
i? a copy of the Notice of Appeal, CMmrn or Ie ds NoS9_
. _s7?, uponthe Dxlricl Justicedesignate. tl therein on
(date of service) 19 r L J by persona I se/rrv-'•ice F_ by (certified) bvt? tYd) mail, sender's
re?ipt attached here.tn• and a ton the appellee., r
/nacre/_____1LG` Sf ar<G_. ,,MfZ. Mn
D7 , 19 ?Vv [_ [ by piasonal service ' t'y?,by (Corti fled) (eD red) mail, sender's receipt attached hereto.
El and further that I served the Rule to rile a Complaint accompanying the abum Notice of Appeal upon the appellees) to
whom the Rule was addressed on- 19_._• ? by personal service [] by (certified)-fee95tstererd)
mail, sender's receipt attached hereto. /
SWORN1( FARMED) A d0 SUBSCRIBED BEFOR G 7?/ /-
L
THIS DAY OF 19
SignaNre• a/ llfienr
Signotor of official before where, 0191111 wey nwde j
Title of officio)
My commission expires
009650.00009/10.19.e9/MC062AP/127430.1
ANDERSON-STERN, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
KRISTINE FRANTZ,
Defendant
TO: Kristine Frantz
2455 Cope Drive
Mechanicsburg, PA 17055
NO. 99.5759 CIVIL
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 defense 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 17013
(717) 249-3166
00955D-00009/10.19.99/MCD/RAP/127430.1
ANDERSON-STERN, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-5759 CIVIL
V.
KRISTINE FRANTZ,
Defendant
AND NOW, comes the Plaintiff, Anderson-Stem, Inc., by and through their attorneys, Johnson, Duffle,
Stewart & Weidner, and in support of this Complaint avers as follows:
1. Plaintiff, Anderson-Stern, Inc., is a Pennsylvania Corporation with a registered address of 19
North Baltimore Street, Dilisburg, York County, Pennsylvania.
2. The Defendant, Kristine Frantz, is an adult individual who resides at 2455 Cope Circle,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff is a Pennsylvania corporation in the business of residential construction having been
incorporated IN July 1980 and has since dissolved the corporation by Articlss of Dissolution dated July 30,
1999.
4. At all times relevant hereto, the Plaintiff was a registered and active Pennsylvania corporation I r,
doing business as a general construction contractor specializing in residential construction.
1
009650.00009110.19:99/MCD/RAP/127430.1
5. On June 5, 1998, Plaintiff and Defendant entered into an Agreement of Sale whereby
Defendant purchased Lot No. 23, in Ashcombe Farms a Planned Residential Development. The property is
municipally known and numbered as 2455 Cope Circle, Mechanicsburg, Upper Allen Township, Cumberland
County, Pennsylvania 17055. A true and correct copy of said Agreement of Sale is attached hereto and
incorporated herein as Exhibit "A".
6. Defendant agreed to pay to Plaintiff $167,013.00 for Lot No. 23 and a single family residence to
be constructed by Plaintiff. The payment would be made as follows: $2,000.00 upon signing the Agreement
and the balance of $165,013.00 paid at time of settlement. See Exhibit "A".
7. On June 5, 1998, Defendant paid to Plaintiff $2,000.00 representing the deposit provided in the
Agreement of Sale of real estate towards the purchase of Lot No. 23.
8. On June 5, 1998, concurrently with the execution of the Agreement of Sale, the parties hereto
executed a Construction Agreement reflecting the same terms as the Agreement of Sale or the $2,000.00
deposit as well as the $167,013.00 sales price for Lot No. 23 and the construction for a single story family
residence. A true and correct copy of said Construction Agreement is attached hereto and incorporated herein
as Exhibit "B".
9. In the Construction Agreement dated June 5, 1998, the parties agreed that $2,000.00 reflected
as a down payment should be applied toward the cost of construction.
10. The Agreement of Sale executed by the parties on June 5, 1998 indicated that the $2,000.00
down payment was received but did not indicate whether it would be applied toward the cost of Lot 23 or
toward the cost of construction.
11. Settlement on this purchase took place on July 10, 1998. A true and correct copy of the
Settlement Statement (HUD-1) is attached hereto and incorporated herein as Exhibit "C".
2
0096%00009/10.19:99/MCD/RAP1127430.1
12. The Settlement Statement (HUD-1) was structured so as to handle the purchase of Lot 23 and
not the purchase of the construction of the single family residence thereon.
13. Line 207 of the Settlement Statement (HUD-1) indicates that the construction mortgage was
$102,000.00.
14. Line 201 of the Settlement Statement (HUD-1) indicates a credit for the $2,000.00 deposit
received from Defendant. The $2,000.00 deposit was credited toward the purchase of Lot 23 on the
Settlement Statement (HUD-1).
15. Line 206 of the Settlement Statement (HUD-1) indicates that the construction amount or cost of
constructing the single family residence is $123,013.00.
16. When applying the construction mortgage of $102,000.00 and the escrow account on line 807
of the Settlement Statement (HUD-1) to the cost of constructing the residence, the total amount is
$121,013.00.
17. The amount paid by Defendant on the cost of the construction of the house was $2,000.00 less
than the contracted price of construction $123,013.00.
18. First National Mortgage Corporation, Defendant's Lender in the transaction lent to Defendant
$102,000.00 based on the receipt of Defendant's $2,000.00 deposit which the lender attributed towards the
cost of construction.
19. At settlement on July 10, 1998, the $2,000.00 was mistakenly credited a second time towards
the purchase price of Lot 23. See line 201 on Exhibit "C" the Settlement Statement (HUD-1).
20. On July 10, 1998, at settlement, Ronald Stem, Executive Vice President of Anderson-Stem,
Inc., indicated to all parties involved that there is a mistake in placing the $2,000.00 credit for deposit toward
the purchase of Lot 23 on line 201. A true and correct copy of Defendant's "marked-up" Settlement Statement
(HUD-1) is attached hereto and incorporated herein as Exhibit "D".
3
009650-00009110.19,99/MCD/RAP/127430.1
21. The parties involved at settlement discussed the matter at length and convinced Plaintiff that
the $2,000.00 credit for deposit on line 201 of the Settlement Statement (HUD-1) was correct and based on
those assurances Defendant executed the Settlement Statement (HUD-1) and went forward with the closing.
COUNTI
UNJUST ENRICHMENT
ANDERSON-STERN, INC., Plaintiff
V.
KRISTINE FRANTZ, Defendants
22. Paragraphs 1 through 22 are incorporated as if set forth fully herein.
23. The Plaintiff agreed to sell Lot No. 23 of Ashcombe Farms, PRD and construct a single family
residence for Defendant on Lot No. 23 for a price of $167,013.00.
24. Defendant's construction loan of $102,000.00 as well as cash paid toward the construction of
the single family residence at settlement of $19,013.00 falls $2,000.00 short of the agreed upon contracted
price for the construction of the single family residence.
25. Despite repeated requests by Plaintiff, Defendant has refused to pay the balance of the monies
due as per the Construction Contract and the Agreement of Sale.
26. Defendant was unjustly enriched in the amount of $2,000.00 as she received a Lot and single
family residence for the bargain for the price of $167,013.00 for the price of $165,013.00.
WHEREFORE, Plaintiff requests this Honorable Court to award $2,000.00 plus interest, costs and
attorneys fees to Plaintiff.
4
009550-00009/10.19.99/MCD/RAP/127430.1
COUNT tl
BREACH OF CONTRACT
ANDERSON-STERN, INC., Plaintiff
V.
KRISTINE FRANTZ, Defendants
27. Paragraphs 1 through 26 are incorporated as if set forth fully herein.
28. Plaintiff, pursuant to the Agreement of Sale and Construction Agreement performed a
completely and delivered a newly constructed residence on Lot No. 23 to Defendant in which Defendant now
resides.
29. The parties hereto agreed that in return for Plaintiffs services, Defendant would pay to Plaintiff
$167,013.00 or $123,013.00 for the cost of the construction of the new residence and $44,000.00 for Lot No.
23 upon which the residence now is constructed.
30. Despite repeated requests by Plaintiff, Defendant has refused to pay the balance of the money
due as per the construction contract and the Agreement of Sale.
31. Defendant has breached the Construction Contract and the Agreement of Sale.
5
009650.00009/10.19-.99/MCD/RAP/127430.1
WHEREFORE, Plaintiff requests this Honorable Court to award $2,000.00 plus interest, costs and
attorneys fees to Plaintiff.
Respectfully submitted,
JOHNSON, DUFFIE, STEWARy$ WEIDNER
By. r?
Mar yDuDf. fle
Attrne
No. 7590
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attomeys for Plaintiff
DATED: /0/a/ , 1999
011493-00001 /10.19.991MCO/PAR/122640.1
Anderson-Stem, Inc. , has knowledge of the facts set forth in the foregoing Complaint and that said
facts are true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to
authorities.
DATED: 10l L2 / '1999
009650.00009/10.19.99/MCD/RAP/127430.1
CERTIFICATE OF SERVICE
AND NOW, this 11 1 day of Ouk A> ? , 1999, the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
James D. Bogar, Esquire
1 West Main Street
Shiremanstown, PA 17110
JOHNSON, DUFFIE, STEWART &
BY: i
Mark C.
Al F5
STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE A/SResidential '/?D
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AGENTFORSELLER '^aR (aupi=2 cQrJ PH 1)66-0OSS
ADDRESS IQ Al C?IaITI Ida DI= f?T_ \LLSI,2Cd, FAX 4R7' 10Q
SUBAGENT FOR SELLER ?-k k PH
ADDRESS FAX
AGENT FOR BUYER PH
ADDRESS FAX
I. Chis Agreement ruled (nl 5 f ?i S, Shelxeen ,
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to 2.PROPERTY (1.95)Seller hereby agrees to sell and convey to Buyer, who hereby Ogress to purchase: - 10
O ALL THAT CERTAIN lot or piece of round xhh bulldi?c n and ha mements thereon erected, if an , known as:
f?rL m?ctan?,lc-sr?u2l- n
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D In the %WM W l- arjjj NL.(_IcN . 11
lfA (?1 QII?SU? In the Commonwealth of Pmmylvanla, Zip Code A'1 CSsS
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County of 15
is Identification (e.g., Tax IDI; Parcel a; Lai, Black; Deed Book, Page, Recording Date)
11
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u y. 1'ERSIS (1.98) (A) Purchase Price_ N - D 1. a71,1,%\ II
11 'CIJ\QT t L N- `? Dolma 11
N which shall be paid to Seller by Buyer As follows:.
60Q 19
2a
D fB) Cash or check at signing this Agreement 5 _ r
31 (C) Cash or check on or before: S 21
22
;2
D (D) It
(E) Cash. cashier's or cenifmd cheek at time or settlement: S )kR'?'nU 1•?
1 23
21 TOTAL S «ys 1 24
1s (F) Deposits to be held by Agent for Sellcr. unless otherwise soled here: 25
21
ya (G) Written approval of Seller to be on or before:
D (H) Settlement to be madsnn coherent: /bNST 6.OAQ 21
11 (1) Comeyonce from Seller will be by fee simple deed of special wa malty unless otherwise stated here: 21
39
3]
A
(1) Payment of transfer rases will be divided equally between Boyer and Seller unless otherwise stated here:
39
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n
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(K) At time of sxitsoment.[hefollowing shut be adjusted pro-mis on o daily basis between Buyer and Seller. rcimbuning where applicable:
12
D taxes: rents; interest an mortgage assumptions:condominium fees and homeowner association fees. if any; water and/or sewer rents. if as
11 any. together with any other Variable municipal service. The charges ve to be prorated for the period(s) cmered: Seller will pay up to 31
it and including the date of settlement; Buyer will pay for all days following sculemcet• unleas otherwise slated here: 35
]4
11
11 FIXU PERSONAL PROPERTY
/
31
19 .
(A) (A) INCLUDED in this ale and purchase e pri arc all existing items permanently installed in the Property. free of liens, including plumb-
price ]I
14 ing; heating: lighting fixtures (including chandeliers and ailirag fans): water treatment systems: pool and spa equipment; garage door 39
49 openers and transmitters: television antennas: shrubbery, planliogs and unposed trees: any remaining healing and corking fuel, stared a
n on the Property at the time of satleme ti; wall to wall carpeting: shades, blinds, window eonring hardware; built-in air conditioners: 41
R builbin appliances: and the mnge)aren unless otherwise stated. Also induded: 43
N
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se (B) EXCLUDED Osara and items e1
45
l
45
n 5. SPECI Buyer S (1AB)
(A) X Buyer aad Seiler acknowledge having received esmtement of their respective estimated closing costs before signing this Agreement
41
N
41
49 or Sale.
(B) ? Buyer acknowledges receipt of Seller's Property Disclosure Statement before signing this Agreement. if required by law. (See 49
sac Notice, Information Regarding the Seller's Property Din losure Act.) 'a
51 (C) Buyer acknowledges receipt of the Deposit hfoney Notice (for cooperative sales when Agent for Seller is holding deposit money) 5'
52 before signing this Agreement. D
D (D) The fallowing are a part of this Agreement if checked: R
H ? Limited Dual Agency Addendum (PAR Fosm 140) ?Settlement of Other Property Contingency
53
?Sale& Settlement of Other Property (PAR Farm Od)
?TenantOeeupied Property Addendum (PAR Form TOP)
O R
R
51 )
Contingency Addendum (PAR Form O
Oh?Nll(11n r?TTRCd1=[)
ta
R
y, .
L'
?Sole&Seulnnenl of Other Properly Contingency X C L St
51 with Right to Continue hlaskcting Addendum ? 51
59 (PAR Farm Dl) ?
Id
EXHIBIT
62
12 u
1] < A
u
N
65 G D
n1 A. nR)Rrc,lcea>Nrwagnrlyl-95(
61 I I WAIVpIt "ITi,a;dr is Nllf omoincrm,m nn,ngage fmm?r;nG
10 M FLF(71 1:1)
11?./ (A) This ale contingent upon Bit) en;hlain?ln?noI g,fnarwngaafoll-,
I. n .. t err rm,nsag I n s -f4-' I I D/ (iL'L7
13 2 h1 tan oa Term ?u0 .1.?eara
11 l Type nfmnlic",l_
IS V Ian"e,t .It __/,_7 h;woe,.1116, ucomes In uenpuhe ho"tr.b as may he canamluM by the mrs"J.elrmleq mlm
15 rotted. m^ bouo, :mere. me of _ ___ 'l'
)i 5. Diwmrm point,. Iron ononalinn. i„ an plarcro nl and other fret charged by tire lender as a p"rcenmge of lie mortgage Ina. leadmling
11 .n,momg^ge insurance prenumno or VA (unit Afee) not to cur"I ___` % of the mnngage lonn
19 The interest rate anti feet prmiaiool regoind by buyer are .....limit if a mnngage Irnd" make,....Job]e to Buyer the right 1. g oro nlo, oa
10 iceIrt,1 ram an of Irlnw 0r Mal unite ha"eo Rare slrcined herein with the percennge feet at or bebvw the amo.tn. apr,fierl herein. )puler
II Rivet Seller the right. as Se II"r, ante opsinn and as re"min"d by the lending inninnion anti applicable laws, to ennushole financially, wilhral
Si promise or reimhnamem, on the Iinyer vid/ro lender to make the aMve bans available to Royer.
69 (B) Within 10d.y,oftbeenanionoMm Agrrmmot.Ru)xr.hill nak,acornrelrrcA.w,iuen mrng.ge nppliwtinn aaartsgomihle mongagehool
54 ing inuihnion through the office ofAi for Btytr, if any, nrberwior tbfntt,h the nlRce of Sole gent (err Seller, if any, err Agent hr Seller, if
as any.'I'hit Agent is aulhnrb"d in mmnmAcate with the loot is,, the purger,, ofawbll., In the mnngage bon prom..
54 (Ci I. Olson receipt of a mongegr cnmmirmens. Buyer moni Agent will portnlaly deterr a copy of l he mmmi.menno Agent for Seller, if any.
a1 rot to Selfer. rat qp
as 2. Mnngnge mmmilrrrmtine _/?15-l.O.._. _If auriven "nmmilment is nor rcceiveA by
59 Agent for Seller, if any, otherwise by Seller. by the aNive dam. buyer and Seiler agree In extend the cnmmllmenldate until Seller let.
xrllinR.
so minaleo this Agnemenl I.
91 J. Seller has the option mermrne this Agreement in err i r irag. on of after t be "rootage commitment but. if the monolog, comarmulownt:
91 Is nor valid until the dam of mnlemrnl. OR
G h. Is conditioned upon the sale and rllirmenl of any olher preopeny,OR
94 e. Contain, any nth, condition not specified in this Agrremem
95 4 In the even) Sellerdrcs not mminnrr Ih'i, APJCcment as In, tried ahmq littler has she option it terminate ibis Agreement in writing if
96 the mnngage commitnrtnb
91 a. I, not obmionl by, w d told the if,,, of mnlrmnn. OR
95 h. 11 enndi.ionnl upon the ml,and menhminl or any other properly which do nor occur by Ile.bm of wnbmem. OR
99 c. C-amain, any other comd,lioo ten ,prcifiol in this Agreement which Royer is unable to sandy by the dale of settlement.
to 5. If this Anvenrn.i, kmhimtiol a a specified in pangrophs 61171121.(1, or (4). all delnait nhoniea paid no account of purchase pda shat]
101 her resumed in Buyer. Iinyer will he resp nvuble for any premiums for mechanics lien inonno" aaVonide search. or fee for cancellation
102 of some. if any ANDMR any pr"niums for food insurance anNcr fire insurance with euendnl coverage, ino nnee hinder charges or
IB cancelL lion fee. If any: ANDPT)R any appraisal fee, and charge, paid in advance to rmng.ge lender.
lot (BI If the mnngage lender requires repair to the Pol a ty. Royer will, upon receipt ddoer acopy of the im,ngage leader '% requimnienm in Agent
105 for Seller. if any, otherwise in Seller Seller dull,wilhin 5 Jays of receipt of the lender's nquircmenn,raoily Buyer whether Seller shall make
orb the required rep.ira at Seneis eirnae.
101 I. if Seller chooses In mole repair,, Ruler shall accept the Bngrdy road agree to the RFLFASP, co firth in pangrao 26 of chi, Agreement.
In 2. Ire Setter choose, it to make the mphimti repairs. Iloyerwill, wi t bin 5 days, not i fy Seller in writing of Buyer's choice m mrmiunt, the
109 Agreement of Sale OR make the mquircd mpairsat B to yer', ciense and wish Seller's premiss:on, which shall nor be unreammh]y with.
tan old. IFSell,A srit,Rny.rpenniWon to make the req 11irel menus, bl yen nay, within 5 days of Se lei vlenial, onminale Ili,, Agreement.
11. Ire Buyer mmhi maim this Agnemenr. all depnait monies paid on uccmi or of porchaat price shall h retorted promptly to Buyer and this
III Agrecnrtnl of Sale will he NULL anti VOI D.
113 W) Seller Anht
IB X NOT APPLICABLE:
115 ? APPLICABL[. S"Iler,ha]INoy
t,5 ? 9__ .._._..__..._.Inasimum, Inward Buyer's cmI% as permined by the mnngage lender.
_.---.--.__-
119
110 FILWA, IFAPPLIC'ABLE
RI (D 12 is rspreWy agreed th,n nonalh,.amt ing any nther pmvlsinns of this enntnct Rnyer,hill not he obligaled mmmplete the purchor of the
112 Pinc eery de¢ribcd heroin or u, incur any penalty by heftinne of times, money okrynin or olla it nnlea Royer has been given, in actor.
ill dance with Ill]DRIb\ it VA ngooso,ma. a wol.an abternent by the federal 1lotiong Connom oer, Vetenns Administration, or a Direct
M Fadorrm"ht lender ¢"ing Arno the Sppniwd value of rise Progeny of roI Ice, than S (the dollar amount m he
125 insen<J is the aal,a I,,,, a, anlnl in the Agr"merr.). Royer 'hall have the privilege and option of proneding with consummation of the cum
126 Vaal uinoul regard 1. list anon I of Ile ^PPraieA ado.vio. The.ppmia,d ,mloruo. is noted at in sono-6 a the mnimnm mnngage the
ID Diepamnenl.f flouring am OrbanDevdopmentaill imnre.11111)dreg notwannot she value nor the condition of the Propeny. Buyer should
IM satisfy hinoclMermif than the price and condbion of the property are acceptable.
129 IN...Ing: Section 1010op'Fll, I R. I S C . D"pmlmem or ilno,ims oil Orha.lkveh,pmm. provider "Whoever for Br purpose of... innu.
Ila ends, in any way 'be n"inn ohich Aepantnrnt._mAx,t.la.aetutmn or poblkh,,am,aatement curtain, the,nnse m be false.. 4hall be
I9. fined not most thin la,(XX)err ireca mood not more than own year, or doh"
132 (G) U .S. Ilrpntnwd of It In, nd Minor 1)...lopment IIHill NO-11 dCr. TO PORCHASF,R.S:
Ill 1191: 1MPORI-ANCE OF A FIONI F. INSPFc7BoN
IN 111119 does not warrant the rnndllionof or progenty.(See Noticti anti Information un l'mgeny Conduion lnspcctisnv,
135 (li) Ceranealln^ We the und,rsigned,Mien's and Bu)ul,l poly nn this onmacsina earth a•nify amt the mans of this,tou.el for push., ua
05 true to the lcq of our knoa ledge anti lelief. ared that any or [to npe,m"nt,hm,rd inn by any of tow parties in ron.ectit., ol.do,ttannc-
11, .inn is atudrd to Ilia Agn"nent of laic
135 T. I NSPECI'IONS (1 AB)
t,9 IA, Seller he,,h.....ean (mnit m, pro I, by autism imd aVpnka o. "pmahb cnliftn, Insuor % r lmetc N®i.,, wt.eynn, nahcip it off cit.
us, a ]/or it,,) er era nor Ise mloiml by the le.b." ma iutl Iona, if vary, err inauio, agrncie. Sell, funler ngmea It, ixrmii any other inspmttcm
Ill rnprlhed by err pfnvldol Is in ale sett.. nI this A......KUf
142 (li) Idler reserves the right mmakea Pm.rulonent calk .trough ing,eaion ofit,,Progrny iluy<,'aright so node lists tmpacton is nor waited
143 by airy.. liner pmv s we of Ibis Apenomm.
M ICI sell" will bar, beating and all midnia l induding ri on I,,, Ile in,prnlmw
145 R. PROPERTY INSPF.CTPIN CON I INCE 81(1.98(
145 %VAIVRD Buyer uinhownds that lhqu has it, .germ, to "'post in•lr,ions lit tire Proeny tare Pmlrrly In,remm m I mnmr nt.
B) N, icV, STIlls 01914)N and agrees to she REI FASE son path in pram,e h2h oflist, Agmnsem.
ley Buyer Inl.inls: AfS Residential Pepe 2 of 9 Seller Initial, _ __-
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109
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114
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112
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136
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122
121
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125
126
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121
129
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134
115
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111
US
119
140
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142
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144
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46
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141
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ISO 1. Access fie Properly with the information stated in the report) amt agree to the RELEASE set hmh in paragraph 26 of Ihis 155
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11
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14
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in
191
ISO
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179
191
U1
111
Da
175
lie
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199
let
62
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119
So
191
192
191
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191
194
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202
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21:
20,
204
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211
111
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219
220
221
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213
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221
228
229
230
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231
229
240
191
222
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241
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fAl Within da so
y executi
icion naayrborweu, mhim oral prnimn amNer rer
professiwm. play". -1 BoYel" Property lx
f
1 pleltd by licensed otherwiionse g
i pruersionat, run, ee Property
ti lif
ioa co ed Cnvimttnemai N
se
v
o
Six
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er Intuitional 151
! intentional miry Provide fm inspection, mLw rati
ns that art nut wai waived or cohered by
election n here .If Buyer yer is it not of Ihis t mtisfeJ 152
waited
,a. fa
Op
o often
nmmliliom or the Property ta at staled in any wntm repot. Bay,, will, xllhin the lime Rhen for compleOnR rep«Ilam: IU
tio
Cl Option 1 139
Agreement. OR Ise
2. Tnminate the Agreement of Sale in *riling by notice to Agent for Seller, itany. otherwise in Seller, within be lime given fur inflections 151
in which case all deposit amount paid on account of purchase price shali be returned promptly to Buyer and (hit Agreement will old
be NULL amt VOID.
A9
El Opllnn t 16a
I. Access [be property with the Infnrnalion stored in the mpntt0 end agree to the R17LEASE se( forth in Tassinari 26 of Ibis W
Agreement. UNLESS the total cal to coned the comloinns contained in the on"(,) is mom than f 162
2. If like total con to chow the coalitions contained in the rrportl EXCEEDS the amount specified in paragraph g(A) (Option 2) I. B)
Buyer will dellver the rtpurf(pl to Agent for Seller, If any, otherwise to Seller, within Ilan time given for inspection. ma
a. Seller M. xvithill days of receiving the terms). other. Buyer I. writing a stno's choice m: IW
I I Flake repairs before seldminnl so that Ibe remaining call to repair conditions contained to the reports) is less than or equal to 165
the am urd specified in paragraph 9(A)(Option 2)I. 169
2) Credit Buyer at sethe.mt for the difreence between the estimated can of repairing the condiliom contained in the meant) 166
and the amount specified in pa.graph 8 (A) (Option 2) I. This op, ion most be acceptable In the mortgage leaser, if any. 169
5) Not stake repair, and lost credit Boyer at setlmem for any defects in conditions contained in lire epmfi) 119
h. If Selic, cow ic, to make repairs ot credit Flu) or at settlement as specified in paragraph 81A) f0ptioo 2) 2. Do) 11 shall areefm the Ill
Property and ogee to the RELEASE set font in paragraph 26 of this Agreement. 112
c. If Shcer dames not to look, repair and not to credit Buye at setlcrnemt ce If Seller falls In choose any epflon wllhin the lime V)
given, Buyer sill within -days: it
O Accept the Propi w ilk fire in formation sated in the anions) and agree to the RELEASEsel font in paragraph 26 of this 115
Agrecaenl. OR
rte
21 Tier ionic
dm Agreement of Sale wwriting by notice In Agent for Seller it a
Seller ine
othentitic
cote all n
ID
po
nd
Ag v
wi
d
rennin pniA nn account of purchase price shall be mlumed pnnnpdy lu Ouyer er maJ tohi, s Agrecnnnl ,I Sale will be NULL LL and Ire
S'OIU'
Ill) Buyeri railum to coercion any of Buyers options within lire little limits specified In this pamgaph shall constitute a WAIVER or lhb 119
HO
contingency and Buyer accept, the Poperly and agree to the RELEASE set forth in paragraph 26 or glib Agrement• rat
9. )MOOD INFESTATION CONTINGENCY (1-98)
MOVED
B 112
.
uyer umlent nds that Buyer has The rglion to m(lucinhat the Propoy to inspected for wlxM infestation by. certified Pen Conlool 101
01 B DYER WAI VFS TB IS OPTION and agrees. the R ELEASE set forth in pamgnph 26 of this Agrecmrnl. BI
U ELECTED 185
(A) wahim_daysnr the eaeculimn of this Agreement. 116
0 Buyer. al Bvq o" expense.
of
? Buyer. m5rilers expose. nano ureeJf (fie
shall ubtain a written "Wo,vi-Demn., ing ins,,t lnfenmion inspection Report" from a,,rified Pest Control Operator and will deliver it and 111 101
suppming documents and drawings provided by the Pell Control Operator to Agent for Seller. if any, o(hewise to Seller. The arum it ark n9
mwk nakflclmy to and in compliance with applicable laws, mortgage and lending intuitions, and/or Fedeml Insuring and Goamnum,g 191
Agency mquiim,ms,if any. Tire imlicctilm will includeall readily visible and 4cccwthle areas ofall,Imnures on the Property except the foh 19?
hewing suunwm which will rem he inspctcd 193
18) Iffieespcoon reveal evidence of.euminRstatum(xJ. Sellerogr«t. at Seller'snpense and kfine eelllunenf acatfaraclum ideoMmon), 194
195
I. mcomance with applicable laws ITS
(CJ If lheimpenion revedi&image front active inkmationso or fiction, infetai.mv). Buyer at BuyeLsexpcme. has theopoon m.hain. writ 191
tenrpmby a pnolcinonalnmmamr. home lnspeeinn servia.minununl engineer that ishmied In structural mouletothe Propcnyeamed 111
by wmN destroying organism, and a prupnal fit repair the dmnage. Buyer uili deliverlbe structural damage report and onrevin9 propovl In In
Agent for Sellrr, if nny, otherwise ,, Seller. within days nrdelonring the original inspection teem. 2W
(D) Within 5 days niece iving the suucmml damage repo( and cnneaive proposal. Scllenhall advise Buher whaler Sells sill repair. at Seller's 291
expense and before seWeoens any srnnnml drainage Iran active or previous infcsmtiums). toe
IE) If Shcrr chium, fit repairslmchnal damage revealed by she rerun. fiuyerugrees to accept to Prtpry., repaired and agrees o, the RELEASE 203
set both in paragraph 26 of this Agrennent. in
(1) If Slice durmv, our I,,?cl.ir mmnturm damage revealed by file repo.. rig er. I% i thi it 5 days of ncein ing Seller's next. wi ll notify Sella, in 295
w Hung or noynes chnice fin' fee
I. Accept the Pn9cny with the defeao revealed b5 the inspection. vn ilhonl alone nn.I of pricemW agree , the RELEASE ut food in Pao- 201
graph 26 or this Agreement. OR let
2. Make the main before xenlenmam. if inspired F; the mnngage lender. Ifarty. at Buyer'setpense and x its Sellers emulsion, which shall 7"
not be unreasonably withheld, in which corn Buyer a«cps the property and agrees to the RELEASE set hmh in paragnp'r 26 of thin ?tot
Agreement. If Seller denies Buyer promotion to make the repairs. On) or t ay. within 5 days of Seller's denial. terminate this Agreement. 211
It Enter iennimne9 tell, Agreement, ,It deposit monies paid on account of purchase price shall be removed pomptly it, Buyer and this 212
Agreement of Sale will be NULL and VOID, OR 20
1. Tcralnale this Agreement. In u Iich ewe 411 depo sil monies paid on account of Tractive price shnl he reNmed Insularly to Buyer and 214
this Aneetrent of Safe will he NULL and VOID. 215
(G) Bu)o'hdhme to exercise any of fill, ,lopliout within tire ([at, limits specifier[ In lilt paragraph shall constitute. 51'A IVER of Ohl, 716
contingency and Buyer lo«epb the Pmgvry and agreed to (he RELEASF. set Furth In paragraph 26 of this streamed. 217
IB. CERTIFICATHOFOCCUPANCV(1-98) 218
0 NOTAPPUCABLE 211
APPLICABLE 220
(A) Buyer and Sella acknowledge that a eeni6nte Primitive occupancy of the Propany may be mp}aired by the municipality and/or govern
menial writnuily.
t(0P)
CON ST RUC 211
212
.
,
(EJ Ifa cenifimm is required. Seller shall. at Seller's expena and within NV dnytoflkn«mimusnhis Agr«nwnt nrdanhe mGficte hr 273
delivery m Buy,, on or behove seWcmenl. 224
(C) In the event ocrvioslmpmvemem arc required for the inuance of the cMlOcam. Sell,, shall, within 5 days of Street receipt of he acquire 225
menb. notify Buyer of the rrquirememn and whether Seller shall make the required repairslmprmemrnn at Sellrr's opens. to
(D) If Seiler clamsn not to make the required mpeirNmpmvemcnu. Buyer will, within 5 days, all Seller in writing of Buyer's choice to 211
mr.inansthe Agreement of Sale OR maknhemporympmvanem,a Buyer's espe uramd%ith Si permission, which%hall not be voi 228
sonably iitbadd. If Sellerdmies Buyer permission to make the required repairs. Buyn may. within 5 days of Selleisvi nial. moment, this 229
Agreement If Buyen,,milomes Nis Agreement, all deposit monies paid an account ofpurchaseTome shall be relurmdpromply to Buyer and 210
this Agreement of Sale will be NULL and VOID. 131
11. RFSID ENTIAL LF.SD-BASED PAIM' IIAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES 222
BUILT BEFORE 1978 (1.98) 233
IsOTAPPLICABLE 2N
0 APPLICABLE 225
(A) Seller represent, that: (check I OR 2) 236
Ll 1. Sells has no knowledge concerning Ibe presence of lead based Pont nnd/or I,,nTmed paim hoards in or about the Pngseny. 251
0 2. Seller has knowledge of the presence of lead-bard pain) an(/or lead based pan or hoards in in about the Progeny. (Provide the bads far 258
determining that lead brand point aPiVor hatanh exist. tire locations), the coalition of the painted surfaces, and other available informs 229
(inn concerning Set lees knowledge of the presence of lead based paint amVor lead based some haiards.) 240
,117 L 241
241
zD
244
Buyer Initials: AIS Residential Page 3 of 8 Seller Initials e
D
4
1
9
0
2
3
s
3
245
P9
V
r
217
!II
tp
!R
351
to
7v
154
20
7H
!v
1S1
1f1
710
311
to
:u
2u
NS
316
207
gel
761
310
ill
717
711
714
V5
779
717
270
719
790
211
312
21]
714
215
396
207
298
269
290
791
297
29]
794
295
296
791
799
299
700
701
307
303
3"
305
309
307
301
309
00
III
31!
313
314
313
316
717
311
319
320
321
313
323
324
us
us
111. ScRq lravr rtpns mna,nI, p.Iamiog In lcad "'vl Joint onvor lrul lmsmd Pain) No; 1, ice or ulmd ]Ia• Prnpeny' Nr
112.SetItr has provided Duyer with all available racoms and mpns pertaining to lead bnsed paint a,Vor lcad-based paint haards in or shout US
tire Property 0.ia documents) - ]O
150
(C) Buyer's Ackmsledgmeni !51
?I. Buyat W received the pamphlet Prom,(bur family/nun bnd in lhur/fame and bet mad be Lead Wanting Statement contained in this !52
Agreement (Sere Envimnmental himica). to
Buyer's Inlllah [Sale DI
? 2. Buyer hm renewed Seller's discl...m of knmvn lad haled paint umVor h ad i mcd pain) lumarch, a identified in pangaph I I(A) amt 155
has rueiveJ the rrcord? end repnm pertaining Its Icadbased Flint mJ/nr IeaJbaseJ paint haradv IJanifieJ in paragraph 1110). 150
guyed Initials D.I. 257
(D) RISK ASSESSAIENTANSPECf1ON. Buyer acknowledges that before Buyer in obligated t ably a residential dwelling built before 1978. 151
Buyer bat a 10 day Plead (unless Buyer and Seller agree in writing to o different period of time) to conduct a risk asseument or inspection of 159
the Property for the presence of lead baed paint i n tfor lead hared paint hazards. 150
? WAIVED. Buyer understand, that Buyer has the right to conduct a risk assessment or inspection of the Property to determine the presence of tit
lead-based paint amVer lead-bound paint burnouts. BUYER WAIVES THIS RIGHM and agrees to the RELEASE set forth in paragraph 26 of tier
this Agrcromm. 20
? ELECTED 2"
1. Buyer..(Duyeriespome,drowses(notion a rink assessors, arVor inspection o0l property for fad-based paint mdAr fadbired 241
paint haards. The risk assessment muVor imperhon shall be completed within- days of the execution of this Agreement of Sale 269
(intern" Wunless Buyer and Seller agree to a different period of lime). !O
2. Within the time set forth above for obtaining the risk asuument and/or hupe011on of the Property for kad•bssed paint and/or 118
lad-based paint hoards, lluyer may deliver to Agent for Seller, if any, otherwise to Seller, a written list of the specific haadms 259
conditions cited I. the upon and those arcrections teyuatW by Buyer. along with a copy of the risk noessmenl andfor inspection report. 110
3. Sells, may.within _ days ofmceiving the list and mrsers). submit a written commove Proposal to Buyer. The cmnaiw Forward 111
will include, but rat be limited a, the mane of the aenediatim company and a completion date fns corrective rncamres. Seller will pas- 112
vide omdn.lion from arisk resscunr err inspector that costive nernmes have hcrn male salisfxmrily an or berme der: completion doe. 712
4. Upon receiving the corrective popnol. Buyer, within 5 days, wi If: 114
a. Accept the onceive proposal and the Property in writing. and agree to the RELEASE set forth in paragraph 26 of this Agreement 275
OR pee
h. Terminate this Agreement in writing. in which case nl l Jepoil monies paid on account of purchase price shallbe returned promptly 217
to Buyer and this Agreement of Sale will be NULL and VOID, 218
5. Should Seller fail a submit is written mmemia mopnal within the tine set forth in Paragraph I IDO of Unix Agreement, then Buyer, 279
within 5 days, will: 280
A. Accept the Property in writing, and agree to the RELEASE set forth in paragraph 26 of this Agreement. OR 281
Sir Tmninae this Agreement of Sale in writing. in which case all deposit monies paid an account of purchae price shall be reamed 132
promptly to Buyer and this Agreement of Sale will be NULL and VOID. HIS
6. Buyer's fallure to exerckse any or Duyer'.s optlnm wllhin the timelimit, specified in this paragraph shall enaathute a SVA I VIER of tic
this eontingercy and lluyer accepts the Property and skrcrs to the RELEASE set forth In paaRres ph 26 of this Agreement. 295
(E) CerllOcaralm By signing this Agreement Buyer and Seller certify the accuracy of their respective satemenu. to the best of their know ledge. 196
13. RADON CONfINGF.NCY(I-98) 187
(A) Seller represents that: (check appropriate mapwse(O) 21l
* Seller has no knowledge concerning the presence or absence of radon. 219
02. Sal ter ha knus ledge that the Property was toned o s the dates, by the methods mg,, chartnal canister. alpha track. rec.), and with the 390
result, of all legs indicated below: 291
DATE METHOD RESULTS Ipiaol7mir0hur m working m,rbo 291
293
_ 194
295
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buytt with this Agreement. SELLER DOES NOT WARRANT 290
ERTIER THE METHODS OR RESULTS OF THE TESTS. 297
?,5. Seller Iw.s knowledge that the Property underwent radon reduction measures on the date(s) and by the method(s) indicated below: 196
DATE RADON REDUCTION METHOD 299
100
202
f? WAIVED. Buyer unerands that Buyer bas the option to request that the Propertybe inspected for radars by a certified impectm(.we Radon 3N
Notice). BUYER WAIVES TI IS OPTION and agrees to the RELEASE set forth in paragraph 26 of this Agreement. to
0 ELECTED 105
III) Buyer, at Buyer's eapnu, his the option to obtain, font a certified inspector, a radon lest of the Property and will deliver a copy of the test 206
report to Agent for Seller. if my. otherwise to Sella. within _ days of the execution of this Agreement. (See Radon Notice) lm
1. If the lest mpon uveals the pesenceof radon blow 0.02 working levels (a picoCurie.Nier, Buyer accepts the Property and egums to me 308
RELEASE set forth in paragraph 26 of this Ape<mant ]09
2. If the tot mpon reveals the peeseme of radon at or exceeding 0.02 working levels (4 picoCurievlitet). Buyer will, within-days 510
of rleedpt of the cast numbs: 311
0 Option 1 312
a. Accept the Property in writing and agree to the RELEASE set four in paragraph 26 of This Agreement, OR 313
b. Temiate this Agreement in writing. in which came all depelt monies paid on account or porch= price shall be returned pompdy 314
to Buyer and this Agreement of Sole will be NULL and VOID. OR 311
e. Submit IS wdrum. corrective proposal to Agent rot Seller, ifany, otherwise to Seller. The commove popard will include, but ltd be 111
limited lo, the name of the ceniRed mitigation company; pro, isi0ns for payment, including retests; and completion date for cones- 111
live U.S. 311
1) Within S days or receiving the eonulive Proposal, Seller will: Df
a) Agree to the team or the corrective proposal in writing, in which case Buyer sceepu the Popsy ad agrees to the IN
RELEASE set forty in pasignph 26 of this Agreement. OR ]Zt
b) no agree to the terms of the Selective Proposal. q O m
/?`/?I 1a
NI
Boyer inlBala: AyS Realdmtlal POged off Seller lnlllW: In
M
1d
Sze A«T he 321
331 al Aoceptthe Properly in writing and agree lnline ve,.Ii baths Nogrsac26ttf thin Agree OR
300 h) ro ptly to rea thO, ri t which caan r pail rat account of purchase p, pric ice shall be returned NO
3m
]01 promptly to Buyer and d this Agreement of We will her be NULL da,vil NULL a ad nd VO VOIU. NI
333 ? Option 2 IN
133 a. Accept The Propeany in writing and agree to the RELEASE. set forth In paragraph 26 of this Agreement, OR IN
134 Is. Submit a whi canective proposal in Agent fin Seller, if any. mherwlse to Seller. The corrective pmposd will include, but not be NO
WS IimileJ In, ds name of the codified mitigation company; provisions for payment including attests and complaion dale for come. NS
me tine measures. Seller shall pay a maximum of S toward One total coil of remedintion and wew, which shall be NO
I
301 completed by settlement. Say
335 1) If the tool cal of remediatianam,mlemsEXCEEDS the mom specified in paragraph D(B)(Option 2) b. Seller will, within NO
539 5 days of receipt of the cat o(,cros ialion, notify Buyer of Sellers choice to pay for the total cast of aemediation and attests IN
AO OR net pay fin the total cost of remediation and alms. San
Ul 2) If The Seller chooses roe to pay for the tall coo of rimed nflon and moo. Buyer will. within S days of receipt of Seller's NI
143 notification, notify Seller, in writing. of Buyer's choice lo: N2
m a) Fly the difference between Sellers contribution to nmediation and recent and the actual cast thereof. in which case IN
344 Buyer accept, the Property and agrees to the RELEASE set forth in paragraph 26 of this Allurement. OR 344
345 by Tetmimte this Agreement in which case, all depo'i n monies paid on account of purchase price shall be returned promptly NS
NO to Buyer and this Agreement of Sale will be NULL and VOID. N5
341 (C) Buyer's failure mesereine any of Buyers options within the lime limits specified In this paragraph shall constitute a WAIVER *(this 143
N8 contingency and Buyer accepts the Property and agrees to the RF.LMSF, set forth In paragraph 26 or this AgreemenL 348
349 13. STATUS OF IVATER (1-90) No
350 (A) Seller represents that Oils property is served by: 350
151 Public Water IN
153 On-line Water 352
NO ? Community Water 3"
ON ? None IN
155 ? 155
156 By WATER SERVICE INSPECTION CONTINGENCY 3%
151 WAIVED. Buyer acknowledges that Buyer has the option to request an inspeaiun of the water service for the Property. BUYER WAIVES 351
me THIS OPTION and agrees to the RELEASE set forth in paragraph 26 of thin Agreement 353
159 ? ELECTED 159
150 I. Buyer has the option. within _ days of the csccution of this Agrennenl and at Buyer's expense, to deliver to Agent for Seller, if Ns
101 any, otherwise to Seller, a written inspection report by a qualified, professional water testing company of the quality Amber OD
152 quantity of the wanscrvice. 302
11153 2. Seller agrees to locate and provide weeu to the on site for individual) water system. if applicable. at Sellers expense. if required by it. 363
384 inxpeetian company. Seller also agrees to restore the Pmlany prior to senlemenl. 364
105 3. Iftbe repot meal, that the wooer service dies mN meet the minimumsmndards of any applicable govemmaml authnito and/or fails m 155
166 satisfy the requirmi for quality amber quantity set by the mortgage tender, if any. then Seller shall, within- days of receipt of 153
101 The regum.notify Buyer in writing of Seller's choice in: Nt
158 a. Upgrade the water service to the minimum acceptable levtlx,befo« settlement in which case Buyer accept, the Property and agrees 3"
359 co the RELEASE set forth in paragraph 26 of this Agreement. OR 319
170 In. Not upgrade the water service. 370
111 4. If."Ier chsaes not to upgrade the water Sees ice to minimum acceptable leseb,Buyer will, within- days of Seller's notice 311
172 not no correct, either. 312
173 a. Accept the property and the wooer service and. ifrequired by the mortgage lender, ifany.and/or any governmental authority. upgrade 373
314 the water service before settlement or within the time required by the mortgage lender. if any. and/or any govemmemtal authority. at 114
175 Buyer's expense and with Seller's permission, which shall not be unreasonably withheld, and agree to the RELEASE set forth in 37S
318 paragraph 26of this Agreement. If Seller denies Buyer permission to upgrade the water service, Buyer may. within 5 days or Seller's 314
377 denial, terminate this Agreement. If Buyer nominates this Agreement, all deposit monies paid on account or porch.. price shall be 317
110 retumeU promptly to Buyer and this Agreement of Sale will the NULL and VOID. OR 313
119 In. Terminate this Agreement, in which case all deposit monies paid on account of purchase price shotI be returned promptly to Buyer 319
Sao and this Agreement of Sale will be NULL and VOID. 380
331 5. Buyers failure to exercise any of Buyers options within the tlme limits specified in this paragraph shall constitute a WAIVER of 331
182 thin contingency and Buyer accepts the Pmperly and agrees to the RELEASE Tel Birds in parngruph 26 of 4hb A greemenL 333
Nall 14. SrATUSOFSFWER(I-98) 333
NM (A) Seller represents That Property is moved by 384
155 Public Sewer 385
188 ( Individual On IN Sewage Divptnal System (See Sewage Notice 1) 366
181 ? Individual On IN Sewage Disposal System in Proximity I. Wcli(so, Sewage Notice I; sec Sewage Notice 4, ifapplicahle) 391
IDS ? Community Sewage Disposal System 388
Say O Tenure permit Es,ceptian (See Sewage Nmiee 2) Set
190 ? Halding Tank(See Sewage Notice 3) 390
191 ? Nole (Sec Sewage Notice 1) 391
19i ? None Avzilahl,/Permil Limitations in Effect IS. Sewage Notice 5) 392
3W ? 393
194 B) INDIVIDUAL ON-1.02' SEWAGE DISPOSAL INSPECTION CONTINGENCY 394
195 A WAIVED. Buyer acknowledges that Buyer has the option to rai an indi v idua ocelot sew age disposal inspection of the Property. BUYER 395
195 WAIVFST111SOITIONandagr«slolhe RELI:ASEsafonhinpamgraph26of Nis Agreanrnl. Its
391 U ELECTED 391
393 1. Buyer has it. option, within _ days of the execution of this Agreement and al Buyers expense. In deliver to Agent for Seller, if 393
399 any. rshmwiw to Seller, a is does inspection report by a quoit red. professional inspector of the individual anla co, age dis". at system. 399
400 2. Seller agrees to loot and provide access to the individonl orlon srwoge hnpnvl system, and, if requiral by the inspection company, 400
401 empty the septic lank. at Seller's expense. Seiler also agree In restart the Property prim to settlement lot
402 3. If the reran reveh d arectx that do not require opansion or replacement of the existing sewage dispoul system, Seller shall. within 401
am _ days ofancipl of the repro, amity Buyer in writing of Seller's choice m: 403
4aJ a. Cancel the defeets before sealemenn, including retests. at Sellers expense, in which case Buyer accepts the Pmpeny, and agrees In 404
405 the RELEASE set forth in paragraph 26 of Iris Agreement CR 4B
408 b. Not correct the defects, in which cue Buyer will, withi n days of Seller's notice not to correct the defect', either: 406
401 1) Accept the Property and the system and, if sequined by On mortgage lender. if any, and/or any governmental amhonly, coned 401
400 the defeeta before oulement or within the time required by the mortgage tetder,if any, and/or any govemmemal authority, at 409
409 Buyer's sole expense and with Sellers pemxivian. which shall not tx unreasonably winhbetd. and agree to the RELEASE Set 409
410 forth in paragraph 26 of this Agreement If Seller denies Buy or permission to correct the defects. Buyer may. within 5 days of 410
411 Solt,,',denial.terminal, this Agreement. If Buyer orminams thin Agreement, all depail monies paid an account of purchase 411
412 price shall be returned promptly to Buyer and this Agreement of safe will be NULL and VOI D. OR 4t2
413 2) Terminate this Agreement in writing, in which case all deposit monies paid on account of poch re price shall be returned 413
414 promptly to Buyer and this Agreement of Sale will be NULL and VOID. 414
415 4. If the motion ii the need to expand or replace the ex ining individual an lot sew age disposal system. Seller may. within-drys 41S
416 of receipt of the rcpmrt, submit a collective proposal to Agent for Buyer. if my, othewise to Buyer. The corrective proposal will include. 416
417 but not be limited to, the name of the remediation company; provisions for payment, including retests; and completion date for correetive 411
414 measures. Within 5 days of receiving Sellers coneaive proposal. or if an coreeeiva proposal is received within the given lime. Buyer 416
nil sd11: 119
420 0. Agree m the ninsof the can«Iive proposal. if any, inwHung. in w hush ease Buyer accepts the Property and agrees he LEASE I
421 et thin mgnph 26 of this Agreerssenl. OR 421
4z2 412
423 Buyer In dilb: AS Reddenlld Page 5ora Seller InitiaM: 421
114
R5
420
All
410
IN
450
UI
W
AB
434
111
416
411
111
419
NO
111
112
443
IY
115
In
RI
Ise
on
4"
411
111
151
4%
151
Ali
451
4%
459
460
eel
tit
4u
161
FAR
456
In;
let
409
410
Atl
111
411
411
415
414
411
419
419
410
Joe
402
IN
411
485
406
411
460
159
990
4n
492
49)
494
AB
491
491
496
494
506
501
502
501
501
105
$06
Sol
508
509
Stn
511
$12
511
514
sea
5n
511
Sit
510
I. Accept Ihe Property and the Rome. aMd. if Fequind by the mnngage lender, if any. nml/m any govemmenul authority, crwrao ilia
'hel'ls lore uulenem era within ilia time mpuired by the mnngage laredc, irony. vnt9N any gn.rno.it 11 auduainy, at Buyer's
File npense amt with Seder's permission, which shall not be unrmaonably withheld, and agree to The RELEASE set fonh in pan-
gmph 26 of this Agreement. If Seller denies Buyer permission to concert the Jernu, all deposit mnniet paid on account of purchase
price shall be retuned pr oily In Iluyer and this Agreement Of Sole will he NULL and VOID. OR
c. Terminate this Agreement in writing, in which case all deposit point paid on account of pmerate price shall be returned promptly
to Buyer and Ildh Agreement of Sale will be NULL and VOID.
5. Buyer's failure to eserelw any or Buyer's options within Ibe time Ilmib specified In f ik paragraph shall Maudlme • 5V,A1 VER of
this contingency and Buyer accepts the Property and agreo to the RELEASF-wl forth In pangmph 26 of thin Agreement.
15. N(yITCPSk ASSFCSSIENTS (1.98)
(A) SOlerrepresenbasMSeller sewotelion oohs, Agreement, that nupnhhe impmeeoenl. condominimn to honeosvoomoviatinn aswasnlenp
have ken made against the Property which remain unpaid and that net notice by any government err public amhwily has hen word uPe Salle,
or anyone on Sellers behalf, including notices relating to violations or arming, housing, building, wkly m fm adinamxt which remain
oneOmerwd, and that Seller knew,, of no cumdision that would v ntitme violation of any such ort imrwes which remains unconeewd, unsex
mheniwitacified here:
(B) Sellerkntvss Moo Other potential notices and assestrrentsexcept as follows:
(C) In thieves nateres and ma...vnu ere receisN of rNoueuli0n of this Agreemnn and Were settlement. Seller will belify Buyer in wriling,
within 5 days of receiving the notice in avessmenl, that Seller shall:
I. Comply With Meucci and aswsmenu as Sellers expenw. in which caw Buyeraccepb the Property and agrees lathe RELEASE set fonh
in paragraph 26 of this Agreement. OR
2. NOT comply with notices and asessments at Seller's expense, in which caw Buyer will notify Seller wilbin 5 Jays in wriling than
Buyershaif.
F. Comply with the notices and mssssmems at Buyer's expense and agree to the RELEASE atl fonh in p mealpe 26 of this Agreement,
OR
b. Temlinme this Agreement, in Which Caw all dellmil monies paid un acmes of purchase plies %hall he reamed promptly to Buyer
and this Agreenent or sale will be NULL and VOID.
If Buyer falls ti n ellfy Seller within the given Unit, Buyer accepts the Property and agrees to the RFLEASF. set forth In pamgmple
26 of this legreement.
(D) Buyer is advised that xaew to a public read mev require mumice of a highway mcupuncy permit train the Department of Tminponmion.
(E) If inquired by law. Seller dial l deliver in Agent for Buyer. i f any. otherwise rat Buyer, nn or below .worried.acerlifcmionfmmlheappropri-
ale municipal departnem or Okponuterts disclosing mice Of any uncorrected %Manors of timing, homing. building, safety a fire ordinances.
16. TITLE. SURVEYS, AND COM(1.98)
(A) The Property hot be conveyed free and clear of all tin,,encumbmnces, and eawmenn, IiXCr.PTING IIOWF.VER the folli.ing: existing
deed re.lridions, building reetrictimnt. ordinances, eawnents of roads, easenems visible upon the ground, eawmemsof record, privileges or
righw or public service cmnpanies, if any: Otherwise the litre to the about dewnbed real etude shall k gad and Manemble and such as will
he insured by a realsable Title Imu mer Company at the regular rates.
(B) In the O oft Sell,,k unable ro give a ptA and marketable rule ;aid such as will he honest by a repnuhle Tale Company at the.,.far ems,
as Sgseifed in paragraph INA). Buyer shall have the union of Filing such title as Seller can give without changing the price or of being Fit
all miss, paid by Buyer to Seller on accomtof purchasaprive and Scllenhalt reimburse Buyer for any omit incurred by Buyer for slow items
spe61iol in parngraph 16(0 and in paragraph AND) items (1). (21.0); and in the laucr coal there shall 0 nu funher liability m obligation on
either err the panics Facts, and Ibis Agreement shall beanie NULL and VOID.
(C) Any survey or son cyt which may be required by the TIIC Inn ranee Cnmpnny or the ahoracli erg amtmcy. hrc the peparalion of an adequate
legal tkwription of the Pmpcny (err the correction IherenO. shat) he secured and paid for by Seller ibmes a. any survey or surveys desired by
Buyer or requ hood by Ilse mnngage lender shall he wound and paid for by Buyer.
(D) Buyer dull pay for the following: (1) Tie premium for mechanics lien insurance mul or tide wmrch, err fee far cancellation err same, if any;
(2) -no pelninan feet Ou.d Tn.vnr-race antLnr fre inwr,ewc wile rater led omeraye, insurance hinder charges or mncelb6un fee. if any;
(a) Appraisal fees and chargo paid in advance to mnngage Imder, if any; (4) Buyer's cusuunary wAIcnwnl cosu arms wcmak.
17. %ON I N G CLASSIFICAT1ON(1-98)
Failure of this Agreement in curtain the znning clasOfcalion (except in cases where the property I:nld etch panel thooll if sabdis idable l is
zoned.dely or ryimmnly it, permit single. fannily dwellings) shall render this Agreement voidable at the option of the Bu) er, and, if \nided. any
dclwv;d, condoned by the Buyer dun yyuuned to the Buyu w shoal any requitenwm for Court am I....
Zoning Ckodfl,allon: ,ln_Sl IS Z N) 11111
IJ F:LFCfED. Within _ days of the execmism of this Apoemenl. Buyer will renfy trial the existing use of Ihe Property n
is penuined. In the event the use is not paoniucd, Buyer will, ollhln the limr, ghee For
verination, notify Agent fur Seller, if any, othem use Seller in wriling that the existing use of the Propnv k not )ermined and this Agreernenl
will N NULL and VOID, in which case all derevil monies paid on account of urehaw fusee shall her nomN punnpd, In Dwyer. Ruyer's Foil.
use
In mpmd ullbin Ibegiven 4hnesball anuUluk o1Y',SIYER aI Ihh ennlingenp' unA all nrbcr hrnuuf IhIFARrnmenl nf5vle remain
in full rare . and eRe t.
18. COAL NOTICE
'$( NOTAPPLICABLE
CJ APPLICABLE
TIIIS IYKIIAIEVT AL\Y For SELL, CONYF.Y• 1RANSFI:R• INCLUDE MINSC'RF THE TENS TO OFF COAL AND RIm1r1 OF"FORIT 1'NDERNFAIII IIIE SUFOACF. LAND
INCS"flED OR RFIFReD M IIERFm, ANn "IF OWN4R OR owerm or sump COAL MAY H of still COMA [IF I I CAI. Rotor Tn RF.AIINE At I. It'Ot CWI. AM1O
IN TIIAT CYINNI:CIION, IMMAUR MAY RESULT TO TIRE SURFACE OF 111E LAND AND ANY IRHISF, RUILIa WI OR 01111:R Inl'CFLH ON OR IN SCCII LAND. M o
notice is set forth I. the manner provided in Section I of the Act of July 17. 1957, PL. 981.1 "Buyer acknauledges thnl he may not be obtaining the
right of pmltdion agaimt subsidence routing from coal mining oferations, and that the propony dewriled hewn may be pnrecmd fmm damage
due m as ire mMidawe by a private cummcr with the owners of the economic imercas in the rival. This ackno. INgneml is made far the pro woe of
complying with the punkimen of Section D of the Bituminous Mine Subsidence and the Land Conoo,on nR Act of April 27, 1966' Buyer agrees
co sign she eked front Seller which dad will c o lain the aforesaid provision.
19. P10SSFSSION(1-98)
(A) Poseeainn iUO te delivered by deed, keys and:
I. Physical pmwssion to a vacant holding (if any) bodies dean, race of dcbns at day and lime of uulement, ANOIOR
2. Atsigmmenr of existing lea(s). Ingoher with any A ty deposits and ine...A, It thin, Orion lenlem. if Progeny is tenant Occupied at the
retention of this Agreement in unlos ethemke spnifed bcrcin. Dwyer will wom.lNge es Niog leneln by initialing said Ieavot n
time eel signing of this Agreement of Sale. if Pmperly is tenant occupied.
(B) Sol gee shall not enter into any new Irows, written extension of wising leases. I( any. or adds Final Inws for tle Property without expressed
w title. consent of Buyer.
21). RECOILDING(3-85)[bit Agreement shall not be recorded in the Office for the Reaureing of Deeds or in any uthar office or place of public record
and if Buyer conics or fermi( this Agreement to he recorded. Seller may elect 1. treat such act as a breach of this Agreement.
21. ASSIG N rdFNT (3-85) This Agreement shall be binding upon the parties, their rc4prcttw heirs. pcFsunal Feprewnlatiras. guadisns and successom
and Io the Enron neignable, ou the usign: of the parties heron, it being expressly understood, htwewr, that Buyer shall nN wander or assign this
Agreement without rte written mower of Seller.
22. DEPOSIT AND RECOV FRY FUND (1 -98)
(A) Depclsirs paid by Buyer within 58 days or settlement shall be by cashier's or cenified chick Ueptsin, regardless of the form of payment and
the poison do ignmod m payee. shall h food In Agent identified in paragraph NFI, uhn shall retain them in an escrow account until consume.
mat ion or wmaination of this Agreement in continuity with all applicable bus and regulations. Apenl may hold any utwuhed check tendered
as deposit peddling the acceptance of this offer
(B) In the cool of a dnpule over entitlement to deposit monies. OR, Agent holding the deposit is required by the Rules amt Regulations of the Scale
Real Lute Ce n ink,ime (49 Per Code y35 3271 to retain the monies in ewe ow until the dispute is remhed. In he pent of litigation for the
return ofdcpns it mania. Agent shall distribute the monin as dirolnl by a real And,, of coup or the.rturn Agwemml of the parties. Buyer
and Seller agree that, in the event any Agent herein is joined in litigation for the return of deposit monies, the attorneys' tees amt onto of the
Ageng9 will be poid by the party joining the Agnes.
IN
425
126
R>
416
R9
410
tll
UI
era
Ill
Its
435
417
439
U9
440
441
442
443
111
415
415
ID
440
A9
450
UI
452
453
44
455
156
457
458
459
AN
44,
161
461
464
465
468
447
448
469
410
411
412
413
114
415
415
411
OR
411
440
eel
492
441
441
481
III
487
449
409
4%
491
492
411
114
495
194
491
491
491
so
501
501
501
501
505
me
507
sae
509
519
511
511
511
514
sea
516
Sir
511
519
i?
511 (C) A Real Estate Recovery fund exists to reimburse any persons who have obtained a final civil judgment against a pennsylvanhn oral rslale
522 licensee owing to fraud, alicrepresenu abut, or deceit in a real estate transaction emit who have been unable to collect the jodgntenl altrr ?.hansl 2
523 ing all legal and equitable remedies. For complete details absent the Fund, call (717) 783.1658, or (8(1(1) 882-2113 (wilhln I'emmylvat•!x) end J
24 (717) 783-4854 (outside Pennsylvania).
525 23. CONDOMINIUM UM1I RESALE.ACI'N01'ICE (8.95) 4
526 ? NOT APPLICABLE
527 ? APPLICABLE 5
Sze (A) Buyer acknowledges that the Property is a unit of a condominium that is primarily tan by a unit owners' association. 527
528
529 (B) §3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resole and copies of the Cando. Sze
530 minimn declaration (other than plats and plnnsl, die bylaws, and the rules and regulations of the association. 53
531 (C) Within _ days of the execution of this Agreement, Seller shall submit a request to the association for a Certificate of Resale and the doc• 531
532 uments necessary to enable Seller to comply with the Act. The Act provides that the association is required to provide these documents within 532
533 10 days of Seller's request.
534 (D) Under the Act. Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller 534 533
535 liable to Buyer for any erroneous information provided by the association and included in the Certificate. 535
536 (E) Buyer may declare the Agreement of Sale VOID at any time before Buyer's receipt of the Certificate of Rcsale and for 5 days thereafter, OR 536
537 moil settlement, whichever occurs first. Buyer's notice declaring the Agreement void mast be in writing; thereafter all deposit monies shall be 537
51 returned to Buyer.
9 PLANNED COMh1UNiT'Y (HOMEOWNER ASSOCIATION) NOTICE FOR PURPOSES OF RESALE ONLY (1-97) 531 538
NOT APPLICABLE
519
542 ) Buyer acknowledges that the Pro 541
peny is pan of a planned community as defined by the Uniform Planned Community Act. (See Definition of 542
643 Planned Community Notice for the definition contained in the An). 543
544 (B) §5407(a) of the Act requires Seller to furnish Buyer with a copy of the Declaration (other than plats and plans), the bylaws, the rules and regu- 544
545 lations of the association, and a Cerlificae containing the provisions set forth in ¢5407(x) of the Act.
545 (C) Within days of the execution of [his agreement, Seller shall submit a request to the association for a Certificate and the documents nee- 545
547 essary to enable Seller to comply with the Act The Act provides that the association is required to provide these documents within 10 days of 547
648 Seller's request.
549 (D) Under the Act, Seller is not liable to Buyer for the failure or delay of the association to provide the Certificate in a timely manner, nor is Seller 549 548
550 liable to Buyer for any erroneous information provided by the Association and included in the Certificate. 55
551 (E) Buyer may declare the Agreement of Sale VOID at any lime before Buyer's receipt of the association documents and for 5 days thereafter, OR 551
552 until settlement, whichever occurs first. Buyer's notice declaring the Agreement void must be in writing; thereafter all deposit monies shall be 552
553 returned to Buyer.
554 25. MAINTENANCE AND RISK OF LOSS (1.98) 553
554
$55 (A) Seller shall maintain the PraPrlY, grounds, fixtures, and any personal properly specifically scheduled herein in its present condition, normal 55
5
556 war and tear excepted.
557 (B) In the event any system or appliance included in the sale of the Properly fails and Seller does not repair or replace the item, Seller will promptly 5556
57
558 notify Buyer in writing of Seller's choice m:
559 I . Repair or replace the failed system or appliance before settlement or credit Buyer at settlement for the fair market value of the failed sys- 5558
59
550 teal or appliance (this option nmst be acceptable to the inorigage lender, if any). In each case, Buyer accepts the Property and agrees to 560
561 the RELEASE set forth in paragraph 26 of this Agreement.
552 2. Make no repairs or replacements, and nett credit Buyer at settlement for the fair market value of the failed system or appliance, in which 5561
62
563 case Buyer will notify Seller in writing within 5 days or before settlement, whichever is sooner, that Buyer shall: 563
561 a. Accept the Property and agree lit the RELEASI'set forth in paragraph 26 of this Agreement, OR 564
565 It. 'terminate this Agreement, in which case all deposit monies paid on account of purchase price shall be returned promptly to Buyer 555
565 and this Agreement of Sale will be NULL and VOID.
587 (C) Seller shall beat risk of loss from Fire or other casualties until time of settlement. in the even[ of damage by fire or other casualties to any prop- 5565
67
558 erty included in this sale that is not repaired or replaced prior to settlement, Buyer shall have the option of rescinding this Agreement and 508
569 promptly receiving all monies paid on account of purchase price or of accepting the Property in its then condition together with the proceeds 559
570 of any insurance recovery obtainable by Seller. Buyer is hereby notified that Buyer may insure Buyer's equitable interest in this Properly as of 570
571 the lime of execution of this Agreement. 571
572 Buyer's failure to exercise any of Buyer's options within the time limits specified in this paragraph shall constitute a WAIVER of this con- 572
573 tingency and (Buyer accepts the Property and ngrees to the RELEASE set forth in paragraph 26 or this Agreement. 573
574 26. RF,LEASE (7.96) - (Buyer hereby releases, quit claims and forever discharges SELLER, ALI, AGENTS, their SUBAGENTS, EMPLOY- 574
575 EES, and any OFFICER or PARTNER cranny one of lhern and any other PERSON, FIRM, cur CORPORATION who may be liable by or 575
576 through them, from tiny and all claims, losses or demands, Including, but not limited to, personal injuries and property damage and all of 575
577 the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, radon, 577
570 lead-based paint hazards, environmental hazards, any defects in file individual on-lot sewage disposal system or deficlencies In the on-site 576
$79 water service system, or any defecLc or condi[ionss on file Property. 't'his release shall survive sel0cment• 579
680 27. REPRESEN'TAT'IONS (1.98) 580
851 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller. Agents 581
582 or their employees are not a part of this Agreement, unless expressly incorporated or stated in [his Agreement. 582
683 (B) 11 is understood (hat (Buyer has inspected the Properly before signing Ihls Agreennenl of Sale (including fixtures and any personal prop- 583
584 eny specifically scheduled herein), or his waived the right to do so, and has agreed to purchase it in its present condition unless 584
885 otherwise stated lit this Agreement. Buyer acknowledges that the Agents have not made an independent examination or determination 585
585 or the structural soundness of the Property, the age or condition or lire components, environmental conditions, the permitted uses, or 586
587 of conditions existing in the locale where the Property Is situated; nor have they made a mechanical inspection or any or the systems 587
sea contained therein.
588
659 (C) II is further understood that this Agreement contains the whole agreement between Seller and Buyer and thee: arc no other Icnnx, obligations, 589
590 covenants, representations, sla[ements or conditions, oral or otherwise of any kind whatsoever concerning this sale. Furthermore, this 590
591 Agreement shall not be altered, amended, changed, or modified except in writing executed by the parries. 596
592 (D) The headings, captions, and line numtxrs in this Agreement are mean[ only to make it easier to find the paragraphs. 592
693 28, DEFAULT-TIME OFTHE ESSENCE, (1.98) 593
594 The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be 594
595 or the essence of [his Agreement. For the purposes of this Agreement, number of days shall be counted from the date of execution, by excluding the 595
598 day this Aorcnmens was .vn...1-1 nos ;-1...I;-- I - i _i_.. - --- -- __ a...
AVAILAII N/
dU. AIEUU3 )
F! N(Tr AVAILAI
f {q
I I WAIVED. Buyer and Sellcr uixkr.tald that they oraY Chum lnnadiato mu hia Jute. Auvbl ads.pmc m W, Iul don them will he o,ublig- 6:0
.lion on the pmt of any party to do 30. 521
?l ELECTED 622 I
1) Buyaand Seller will try m msolve tiny disfiute in claim that may aria from this Agremnd of Sale through mediation, in u.rdume with the 622 t
Rules and Promohno, of the Home SellersMome Buyers Dispule Resolution System. Any agreement reached though amediation conference W1
and signed by the panic will be budding. We
(B) Buyer oil Sella mkmmvledge that they have received, read, and understand the Rules and Procedures of the Fluor, SelleMlome Buyen 126
Dispute Resolution System. (See Mediation Notice.) 622 i
(C) This agreement an mediate disputes arising from this Agreement shall survive whic"ot. 621
629
Buyer and Seller acknowledge that they have mad and understand the maker and explanatory information regarding property mndlllon lmpa• WO
from ml forth on the back of Ihh farm. u1
eW
NOTICE TO P RTladH.N SIGNED, T ENf IS A s, BINDING CD,YfpACL Return by famerst. firmurolualars (FAX) or thin am
a
Agreement of Sale e, and d all addenda, bearing the e w maturation o all pestles, constllules ac«pknee of this Ageement. PaNes esha lathhlan /x
an tidrded to consult an attorney before signing If If they they deslre rt kcal advice.
us
??p?
WITNESS 1( LC - FCZLl11.1CL' L BUY `. DATE 611SA7'y Wtae1
WITNESS BUYER DATE u/
WETNESS BUYER DATE u0
etc
en
Seller hereby approves the above manna This day of A.D. H]
and in consideration ofthe xrviees rendemd in procuring the Buyer. Selleragr« I thenamcd Agem for Seller. f«n! 60
ofifrom the herein specified nit prim. In the evens Buyer default%hemundenmym Pid In uc-aI'Fallhe vidrJ /u
Selkq , Agent for Seller. but in no event will the t be Age S< e be in ex[eu of the above spmified
Agent's fee. 6th
? _ 6n
WITNESS "1 :y ==SELLER DATE 611
Wn'NESS SELLER DATE 00
WITNESS SELLER DATE 050
631
Services to Buyer 652
In Conjunction with this Agreement of Sale, by initialing below, Buyer authorizes Subagent fur Seller, if any, or Agent for Seller to perform the fallowing 60
xrvr on Buyer's behalf: 6m
633
' Order Tithe Insurance from any reputable Title Insurance Company. bra
eve..: its ev
ese
Order Fha.ner's Insurance with coverage in the amount of $
159
Buyer's [dine eat
eel
Order Fire A Extended Coverage Insummm withcoverage in the wroon t of S eel
Buys. Iwi ds WS
661
Order Flood insumn« with coverage in the amount of S WS
Bon'. N.W.I.
6W
WI
Buyer's Services- Fee: S 663
Boo'. Want 669
67a
en
Bugr: tow" 612
673
Seller'sAeknowledgment 474
Seller acknowledges receipt of a separate Buyei s services agreement with Agent for Seller or Subagent for Seller. 075
16Y. I.W. 676
671
611
Broly r'sfAgeat's Cerdfr«Uam (check all that art appllminka: 619
? Regarding lsadAased Pafnl Hanrds Disclosure: Requl«dif Properly was built before 197g: The undersigned Agents bruoved in this we
In mocha., on behalf of themselves anal their hmken. certify tine their malaents we true to 0e Feel or their kro0edge and belief. III
Agen«'Acknowledgment: The Agents inched in this transaction have informed Seller of Seller's obligations under no Residential Lead 11f
Paint Huard Reduction Act, 42 U.S.C. 4952(d), and arc aware of their motiomibility to ensure compliance. 6W
u2
? Regarding FHA Mortgages: The undersigned Agents invnlvcd in this transaction, on behalf of themselves and their broken.«dify that the eeb
terms of this contract For purchase are we to the Two of their knowledge and belief. and that any other agreement entered into by any of them bW
panic in connection with this hansMlion is attached to this Agreement of Sole. u2
OW
R?e?garding Medlallon: Tbe undersigned Ws
faS Agent for Seller ?Agent for Buyer Subagent for Sella am
on behalf of therunNn aM their broken, agree to submit to mediation in amordmce with paragraph 70 of this Agreement. oil
IW
M a a a ? o N
I- R 612
eW
rT
AGENT FOR SELLER (Cpmgany Nome
'
CCEPTED BY \ ?J91 DATE
ACCEPTED 695
(Si{aawn wrPodeeu saolemnl We
en
L A ()11 (L SON eo
SUBAGENT FOR SELLER ?CRjaeny Nome)
i
l
. It
l
ACCEPTED BY DATE ?Sj Q 700
Iskmwn W Bm[r.s"n, nnnl 701
7W
in
AGENT FOR BUYER (Company Name) 701
ACCEPTED BY DATE_ 705
t5lpumreul BnA ersaeW.) in
707
701
1W
no
AA Residential Page g of B Seller 1.111 b:
Buyer Islas _
?- - . --.. -11 .
711
703
706
701
7"
709
710
711
r%A
1
I,
ADDENDUM TO SALES CONTRACT
Sales contract Dated 6/5/98 Between Kristine Frantz, buyer &
,Anderson Stern Inc.,seller.
1 This contract is contingent on ERA Anderson Real Estate
agreeing to purchase buyers present home located @ 656 Park
Ridge Dr. within 5 days, at a price acceptable to Kristine Frantz.
Witness
Witness
Date( (_
kQI&T(NI_ FOW ?'Z
Buyer
Seller.
R 1.: C l fJ C04 61.2
. ?/s198
Paa art= S-TAT
1 9 N o r t h B a l t i m o r e S t r e e t • D i l i s b u r g, P A 1 7 0 1 9 • 7 1 7- 4 3 2 . 1 3 3 6
p9
Anderson-Stern 2a
AGREEMENT
AND NOW, this _"h day of June 1998_, it is agreed and
understood by and between Kristi a L. Frantz hereinafter
referred to as "OWNER', and Anderson- tem, Inc., hereinafter referred to as "CONTRACTOR', that for and in
consideration of the sum of _One nd ed sixty-seven thousand thirteen and no/100
($_167,013.00_) dollars, CONT will 'construct a _1 story home for owner on real
estate located at _Lot 23, 2455 Cope Ct cl , Ashcombe Farms PRD, Mechanicsburg in Upper
Allen Townsbip_county of Cumberlan , Commonwealth of Pennsylvania, more particularly bounded
and described in Attachment "A", attached hereto and made a part hereof, being a property description as recited
in the conveyance. ?1
Receipt of ($ .2000• 0- )
dollars to be applied toward the agreed upon cost of construction is hereby acknowledged.
OWNER and CONTRACTOR are in agreement with the following terms and conditions hereinafter set
forth:
THIS AGREEMENT is/is not contingent upon OWNER obtaining mortgage fmanci9g. , If so, indicate
Mortgage Principal Amount Ila, &W , Type u5-;?L
Minimum Term( Maximum nterest Rate Terminal Date for
obtaining Mortgage commit ent 7-? =9
If said mortgage loan cannot be obtained as herein provided, this agreement shall be null and void. In
the event this Agreement should become null and void, OWNER's down payment shall be returned less any
expenses incurred by CONTRACTOR for such items as plans, specifications, contracts, etc. Should a
construction loan be obtained and this agreement become effective, it is further understood and agreed that the
parties contemplate entering into a payment schedule (draw schedule) as provided for in OWNER's
Construction Agreement or Construction Mortgage. If no such, payment schedule is stated, one shall be
established on the terms set forth in Attachment "B", attached hereto and made a part hereof (applicable only
where a draw schedule is not set forth in the loan documents).
1. Construction Documents: Attached hereto are drawing, plans and specifications, approved by both
parties, relating to the improvements on said premises.
2. Permits: CONTRACTOR shall secure and pay for all building permits, sewer/water fee, zoning use
permits, sewer tap/fees or other similar licenses and permits to a maximum amount of $
EXCEPTING a permit for the installation of an on lot sewage disposal system which OWNER shall pay for and
furnish to CONTRACTOR,
3. Workmanship and Materials: All workmanship and materials shall be of good quality. All workmen
and subcontractors shall be skilled in their trades and the work shall be done in a workmanlike manner, In the
event that the CONTRACTOR is unable to obtain the exact materials specified by the plans and specification
attached hereto, through the CONTRACTOR's ordinary and usual sources of supply, the CONTRACTOR shall
have the right to substitute materials similar patterns, design and quality.
19 North Belii-rnore St I? B I PA MSONC9-?1 1-432-1336
PS
B2
4. Rock Clause: Where rock is encountered which requires the use of explosives or "ripping"
equipment for removal or other changes to the plans and specifications to construct a safe and sound dwelling,
OWNER will pay additionally the cost for same. CONTRACTOR and OWNER will inspect property jointly
prior to start of work, if rock work is required.
5. Allowances: OWNER will pay additionally all cost over stated allowance prices. Overages are due
and payable as incurred.
1) Lighting fixtures-company prices with sales tax included.
$_1,250.00
2) Landscaping-seeding and shrubbery
1 % cost of total contract
$_1,750.00
3) Well- (see paragraph 6)
$_n/a
4) Septic- (see paragraph 6)
$ n/a
6. Well and Sewage Disposal: OWNER shall contract directly with a well drilling contractor for the
installation of a water supply well and a sewage installation contractor for the installation of on-site sewage
disposal system. CONTRACTOR shall include in the contract price, as a convenience to OWNER, the stated
and agreed upon allowance for such installations to permit OWNER to included such costs to OWNER's
permanent mortgage. CONTRACTOR assumes no liability for proper operation of such systems. This
Agreement and/or final settlement IS NOT contingent or conditioned upon proper operation of such systems or
the portability of well water.
7. Changes: Any changes in the plans or specification shall be agreed upon in writing, signed by the
OWNER and CONTRACTOR and shall not be executed unless the cost thereof have been included in the
Agreement. A $50.00 process fee shall be paid by OWNER for each work order change exceeding 3 in number.
8. Liens: CONTRACTOR agrees that no mechanic lien shall be filed and agrees to execute and file at
OWNER's expense, a stipulation against liens or as appropriate, a release of liens at final settlement.
9. Insurance: CONTRACTOR shall cant' insurance against public liability by reason of injury to
persons or property on the premises or occurring in connection with construction, with liability limits of no less
than $100,000/$30.0,000 and shall supply evidence of such insurance to OWNER on request. CONTRACTOR
will carry Workmen's Compensation Insurance. 0 ER will insure he pre rses and all work thereon against
fire and other hazards (Ordinarily covered in a - , olicyy payable to OWNER and to
CONTRACTOR as their iTrierest may appear except it a is tr sferred at completion of construction.
'10. Title: OWNER represents that title to above described premises is or will be, at time of
construction/completion, vested in the name(s) of ER as written in this contract and will be free and clear
)? C
/LL??` JI A&S, MC.
OWNER 2 fQ ?
P3
of liens or encumbrances except building and use restrictions in substantially standard form, customary utility
easements, and first (1 st) mortgage for construction.
11. Time: CONTRACTOR shall begin work promptly after receiving notice to do so from OWNERS
or their representatives, but shall not commence work until a day following the filing of stipulation against liens
and the recording of any construction mortgage or when OWNER and CONTRACTOR agree.
CONTRACTOR shall pursue the work diligently to completion and shall complete same in 125
calendar days unless prevented by strikes, adverse weather conditions, material shortages, or other event beyond
CONTRACTOR's control.
Settlement date shall be on or before 199 (Assumes a
-?? ,199 start date.)
12. Unfinished Items or Work: If at the time of settlement there are items or work that are unfinished
because of unavailability of material or because of weather and/or soil conditions, the OWNER agrees to make
full settlement with the CONTRACTOR accepting the CONTRACTOR's Written Certification that the
unfinished items or work will be completed as soon as material become available or when weather or soil
conditions permit. In absence of such written certification, it will be presumed that all work to be performed by
the CONTRACTOR has been completed satisfactorily before settlement occurred.
13. Utilities: All utilities will be put in the CONTRACTOR's name(s) and the CONTRACTOR and
OWNER will share all ensuing bills from said utilities during the term of construction. May include water,
sewer, electric, and gas.
14. Warran : CONTRACTOR hereby warrants the structure to the OWNER against defects resulting
from faulty material or workmanship for a period of one (1) year from date of possession of from date of
settlement, whichever shall come first. Warranties on siding, appliances, shingles, etc. will be supplied at
settlement.
Dwelling will be registered in the Residential Warranty Program (RWC). In the event of a dispute
between CONTRACTOR and OWNER during construction or after completion and settlement, RWC
standards will service as the mechanism in resolving such disputes. OWNER agrees to accept as such.
Normal shrinkage of wood and concrete cracks shall not be considered a fault, nor shall the appearance
of salt deposits (efflorescence) on brick or block surfaces. In addition, CONTRACTOR is not responsible for
"hair line" cracks in the drywall but will provide left over paints for OWNER to make necessary touchups.
The CONTRACTOR will not be responsible for the repair of, or damages occasioned by sink holes,
normal earth settling, winter springs, wind damage of any nature, or water damage from storms or flooding.
Erosion of lawns will be repaired one time as necessary and after that CONTRACTOR will make necessary top
soil available for OWNER use. CONTRACTOR will not warrant any labor or materials furnished by OWNER.
15. Possession: Possession of the premises shall be in the hand of the CONTRACTOR and shall be
delivered to OWNER upon final settlement and payment in full. Under no circumstances shall OWNER occupy
any part of the premises until final settlement. During construction, OWNER shall have the right to inspect the
work through appointment with the CONTRACTOR.
16. The word "OWNER", as used herein, is intended to apply with equal effect whether singular or
plural, individual or corporate: If singular, the "OWNER" and the nouns, pronouns, and verbs which are herein
used to describe or apply to multiple owners or a singular owner shall be read as if they are singular. The
Agreement shall extend to the executors, administrator, successors, and assigns of CONTRACTOR.
17. Representation: It is further understood and agreed by the parties that this is the complete agreement
by the parties with respect to the construction of said premises, and the there are no oral or written
understanding or agreements, directly or indirectly connected with Construction Agreement that are not
incorporated herein. Neither party to the Agreement may sell nor assign their interest to another.
OWNER 3 A&S, INC.
18. Descriptive Heading: The descriptive heading used herein are for convenience only. They shall
have no effect whatsoever in determining the right or obligation of the parties.
19. Applicable Law: This Agreement shall be construed under the taws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first
above written, intending to be legally bound hereby.
WITNESS TO OWNER WNER
Kristine L. Frantz
WITNESS TO CONTRACTOR C TO,,, Ander Stern, Inc.
OWNER- 4 A&S, INC.
2?s
ATTACHMENT B
DRAW SCHEDULE
Advances are due agd payable upon satisfactory evidence that the following work is complete. OWNER
agrees to remit promptly;
'ICr ?DU 40% ) en house is under roof and closed in, including windows and doors.
r l5% 2? ?' h plumbing, wiring, and heating are roughed in.
?S?3od
si3 p l? 5%3}{ hen drywall is completed.
o?Ss d7z ° f When house is trimmed and utilities set, including kitchen cabinets and appliances.
S I b?_ 5% 5) When house is complete and ready for occupancy and a release of lien completed.
NOTE: If title to lot is transferred to OWNER, OWNER needs to pay for lot and closing cost prior to
starting construction. The above draw schedule will then apply to construction cost only.
OWNER 5 A&S, WC/ f
f A. SoUlemenl: AEALA11rifiril: U.S. at
A and WAS. O...I.,mant am, No. 1.n1.n141
1.0 nt S.? to" 1.® Cem. Vale.. t. fit. Nant•r 17. Le.n ...bar t. xar evy 1... Dan. Nn..x•r
4-? TA 1,(? cane. In.. LA 31 10009045670
C. This farm I. I...l.h.d IS • interest of •rt..1 Settlement casts, A.wnt• paid to .M by the settlement 41.al arm sham.
Itm ...led Ip•a.c) ..t1 paid wtold. the eI..ing, the, .n shorn tar Infora.tleml purpno. IM sea nee Inc to MA In dnr+l..
0. Mses any Addnu Ot IOnow.. I I 1. Mme road "risen. of eater r. Mn+w .M MAr•...1 I'M.,
Kristine L. Frantz Country Square First Nationni
Partnership Mortgage Corporation
n. esa.•... r waenr Ernncts n. socna, 15ngtitre
,fare .[ ..it%.... t l...tn...n•. nee.
2201 North Second Street 07/10/99
Harrisburg, Pa 17110
0. SOW411T Of SONJASI0.0 ISAIN0 TIO.I i. .. :.. ........ A. LDglta, at 69W1V TRANSACTION,
I pO. eMOdi hIgYNL OVS LIbN tOMOrSt 400. Ox Off rYOVRT OVt 00 411111
lot. contract .also price 44,000.00 402. eaner.ct ..le. prin. 44, Opo.00
102. F...... I psweet, 402. t•..ana prwelty _-_--
101. 11ettpa•nt Sharlene to balraNarlllne 14001 25,246.34 fall
104. 404.
101. 405.
hdlu•teent• for time Fold by seller In advance Mloetnont. for At... Feld by ..I let in •d-or.
106 Clty/tan taes. to too. clt/ftwn tor.. to
107. cant, tax.. 07/10/91 to 12/3)/ls 1.55 401. County ts..01/10/O to 12/21/to 2.0
104. An•aao..to 02110/11 t.06/30" 11.77 404. A....... b 01/10/99 to 01/30/11 14.11
101. 401.
110. Ala.
111. All,
111 411
110. dkOSf AnoM Me FROM Wkoll 1t 41,101.00 120. OR018 AMOUNT DUE TO SELUR 44,0211.9
100. JUMUSIS HUO FT OR IN 311W or In"OYIE 100. 11Ep io.L 1. tMWNL DUE SO SELLER
201. aar0elt or a4es..t woes) 1,000.00 $01. Aar... d.pa.lt(... In.tructlo.. 1
201. Fdnr/p•t at ei no. 10..1.1 102. F•ttl.... t nhrtt•. to uL•.Illn. 140.1 514.11
201, 11rletLd loan(.) taken aIbj..t t0 $03. t.l.ting loon(.) taken object to
201. COIDIT frw LwMer
221.00 .
504.
I.,0[/ .f start wrtg•1• teen _
101. SOS. 2yat0 of extend ...tg.S. I...
104. CONST. MIT. ($123,011.001 Sol.
207. =MST. "a. (1102,p00.00) Sol. NELSAIE/Lopes, Peak F•0•
201. $02. _
101, 11111X0 10" ism A/S 10,000.00 109.
hdju.t.anta I., (tor anptld by caller Mjo.t...t• far Lt... rap.ld or ..liar _
210. City/tan i.e. to 110. cit'Itaw. ton... to
211. Cooper taxes to 92. Canty ts... to
232. A..O.am.nts to $12. A....esent• to
211. 511. _
121. 514.
211. 111. _
211. 511.
211. 117.
211. Sit.
111. Sb.
110. Toll(. Ohio Wrok 201110LA1 11,125.00 lid. TOTAL k2WCT100 ARM DOE filter Ilb7S
200. CASH AT 11e1-M1EMENT rAOR010 110"Oerk 100. CASn AT SEI Tithe TO/IRON SELLER
201. a.0u •.wnt doe few bo..wu(lles 1301 01304.00 401. Co... Dont doe to ad l.q ll n• 420) 44,.3663
101. Us. ..At paid
j/(OL b[fweslllne 110)
!
1 111311.00 1
102. p.. r•d..tt On otont doe eellesllln4 1201
1 354.75 1
,-
l
1d1. CAIN(I FAoNI([j ill buina 3id10.00 W. aid! . io)1? Notil itak o,dn.u
2455 Cope Drive
Mechanicsburg, PA 17055
Upper Allen Township
Cumberland County
The lnfer..ttan contained 1. Blank. I. 0. n and I and on line 4111.1, It III- dal I.
.atn,lcbd, it... Sol and 404) la !-•perl nee ts. lnlomllae end 1. bal-I to rnLbd to the let.... t EI..nne se er lens if T^: n••
requl,nd to file • return, • n•Illpnea penalty or other eenetlan will to bpn•rd an Tax it thin Lane to r•a•dr.A in b rymrr-4
and the tot d.tooeIn.. that It her mat Me
EXHIBIT
7.10.1 LeTTI. nNNi RTAnNLIR
Bcspubr Im,alnes end cnn.uhnnt. 1.101.141-00en
r
306
YARMINar II 1. r .,1.. is ..wl.gll make let.. aaea.rt. to the United a.l.. .. ETTLEMMIT s,rATEMNIT
an able at any other similar form. I.nalales own conviction can Include . fine PACE. 2
Hong I.prlenruent. for details soar rill. 11 D.N. Codo section 1001 t 1010.
L..auWMi cRMOts --
-_ ---
- --- ..In an so D. •--
700.MAL IAUt/MOISR•1 caMUR109 bud on odor 1 44,000.00 1 • 9
-
-- Mm•nYr. ?I Rr7.L d
Dl,al.n el .?asivn Ill.. 1001 as Callwm
--
--
-- ruin. AT
room! rf
701. 1 to
- OaMLC.lnr .'TT' rv.xr
702. 1 t0 ._._-
70). CalolOn vole at Irttl•rnt 1#,110.65 t0 be pd a c-plot[.. - --
706.
100. ttRW ..CAIU IN caddrdtt10C1 will IAA.
101. War OdPln.llon as. 1.00001
_
--
IOI. We. DI..aon! 0.90001 310.00
IOI. APoUlut Ira 11S.00 to _ ]11.00
lat. Credo avert 50.00 1.
405. bwf.e, Inewatan roe _ )If.oo ____
404. "at,.,. Iaar... AWllealov Pea to _
107. A..u.pll.. Imo •,artrlcbd 4.rw Account/ •• 31,011.00 _
400. Real Metal. Su bole. I.. 71.00
M. aimed cast a. Too
410. OCCUun1 Robs to IH.CO
411. Cu .I...tlon Iqm rag 310.00
100. It1W R100IRID If UYDM W 41 PAID 10 MYAMCI
901. Internet is. to 19 /d.,
901. Mort9M1 imu.ana Premiums to, ..the to
sal. Lased Ieaurnc. IDOI U. for p•u to _ .-
106.
M.
1000. UAIAVM Ot?OSITZD VITO LRIIDIA
1001. He urd Insurance A.nt . 1 1 our wntn
1007. McRp9. to...... ..the 1 1 our month
1001. it, pope sly A .... .0ntbe 1 1 ....onu
1004. County peowrtl team momine I 1 0.61 pea .onto
1009. Annual • •.to ..the 1 1 1.91 our earth
-
1006. month. 1 t our month
1007. ..the 1 i our month
1000. the 1 1 wl month
--
1100. JUAN CU0094
1101. settlement et closing to to
1101. Al,stroct ter title @ match to
1100. Title eaminatlan to
- _
-
1106. Title to.ounee birds, to
1103. Document preparation t0 IIIR AM.,... RR/eltp 43.00
1106. Notes, boa to Cash If.00
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(includes above Item Sumhml Ode 100/300/4.1/601 1 ._
1109. Leader,* coverage 1 102,000.00
1110. Cunar•• coverage 1 167,011.00 -_---
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1112.
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-
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EXHIBIT
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019
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eun IN h•dr ad1 Ilr IIII
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1 L (°1 :Cj
ANDERSON-STERN, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 99-5759 CIVIL
KRISTINE FRANTZ,
Defendant
I, James D. Bogar, Esquire, attorney for Defendant, Kristine Frantz, in the above-captioned action,
hereby accept service of the Complaint on behalf of the Defendant, and certify that I am authorized to do so.
Date: I &0ew alk,tk L 4y
:tzaoea.1
L,-r r,
c5 ,
r1. -
u ?r
? _l
ANDERSON-STERN, INC.,
V.
KRISTINE FRANTZ,
To: Prothonotary
Plaintiff
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL
qq - 5759
Please withdraw the Praecipe to Enter Rule to File Complaint in the above captioned
matter. The Appellant was the Plaintiff before the District Justice and therefore as per Rule
1001(6), Appellant has the burden of moving forward and filing a Complaint. The Praecipe to
Enter Rule in accompanying rule was inadvertently filed by Appellants counsel and as such
should be withdrawn accordingly.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Mark C. Duffle
Attorney I. D. No. 7590 .
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
DATED: 0 ,1999
:127303.1
?
u?,71O (V g
rQs]_. o.. ???
Mau
c r- iu
n
F c
m U
009650.00009/12.9.99/MCD/RP.P1128960.1
ANDERSON-STERN, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 99-5759 CIVIL
V.
KRISTINE FRANTZ,
Defendant
AND NOW, comes the Plaintiff, Anderson-Stern, Inc., by and through their attorneys, Johnson, Duffle,
Stewart & Weidner, and in support of this Reply to New Matter avers as follows:
32. Plaintiff's averments contained in Paragraph 1 through and including 31 are incorporated as if
set forth fully herein.
33. Denied. Defendant has not paid the full contractual amount and has failed to comply with our
contractual obligations concerning the purchase of the lot and the construction of the residential home thereon.
By way of further response, Plaintiff has satisfied all of its contractual obligations surrounding the purchase of
the lot and the construction of the residential home.
1
009650-00009112.9.99/MCURA91128960.1
WHEREFORE, Plaintiff, Anderson-Stem Construction, Inc., respectfully requests that this Honorable
Court enter Judgment in its favor and against Defendant, Kristine Frantz together with costs, interest and
attorneys fees.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER C
i
i
(I]M'ark . Du €
Attorney I. D. No. 75906
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717)761-4540
Attorneys for Plaintiff
DATED: 1999
2
011493-00001112.9.99/MCD/PAR/122640.1
Anderson-Stem, Inc. , has knowledge of the facts set forth in the foregoing Reply to New Matter and
that said facts are true and correct to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to
authorities.
DATED: I Z' / '1999
009650-00009/12.9.991MCD/RAPI128960.1
CERT/F/CA TE OF SER V/CE
AND NOW, this _?4day 1 ?"io' the undersigned does hereby certify that he
did this date serve a copy of the foregoing document upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
James D. Bogar, Esquire
1 West Main Street
Shiremanstown, PA 17110
Y DUFF' , ST WA WEIDNER
J
?
Mai . Duffie
cz-
cal
F, -
c_
C1 r?
ANDERSON-STERN, INC.
Plaintiff
VS.
KRISTINE FRANTZ,
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 99-5759 CIVIL
Defendant
N O T I C E D
To: Anderson-Stern, Inc., and its attorneys, u?
Johnson, Duffie, Stewart & Weidner
By: Mark C. Duffie, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P. 0. Box 109
Lemoyne, PA 17043-0109
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 Answer with New Matter and
Notice are served, by entering a written appearance personally or
by attorney and filing in writing with the court your defense 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 Answer with New Matter or for
any other claim or relief requested by the defendant. 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, Pennsylvania 17013
(717) 249-3166
B
-Jres D. og r, Esquire
P I.D. XO_J 19475
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Defendant,
Kristine Frantz
ANDERSON-STERN, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-5759 CIVIL
KRISTINE FRANTZ,
Defendant
ANSWER WITH NEW MATTER OF
KRISTINE FRANTZ DEFENDANT
AND NOW, comes the Defendant, Kristine Frantz, by and
through her attorney, James D. Bogar, Esquire, and makes answer
to the Complaint filed by Anderson-Stern, Inc., Plaintiff, as
follows:
1. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 1 and, accordingly,
same are denied and strict proof thereof demanded at trial.
2. Admitted. By way of further answer, the correct
address of the Defendant is 2455 Cope Drive, Mechanicsburg,
Cumberland County, Pennsylvania.
3. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 3 and, accordingly,
same are denied and strict proof thereof demanded at trial.
4. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 4 and, accordingly,
same are denied and strict proof thereof demanded at trial.
5. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 5 and, accordingly,
same are denied and strict proof thereof demanded at trial.
6. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 6 and, accordingly,
same are denied and strict proof thereof demanded at trial.
7. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 7 and, accordingly,
same are denied and strict proof thereof demanded at trial.
8. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 8 and, accordingly,
same are denied and strict proof thereof demanded at trial.
9. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 9 and, accordingly,
same are denied and strict proof thereof demanded at trial.
10. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 10 and, accordingly,
same are denied and strict proof thereof demanded at trial.
11. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 11 and, accordingly,
same are denied and strict proof thereof demanded at trial.
2
12. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 12 and, accordingly,
same are denied and strict proof thereof demanded at trial.
13. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 13 and, accordingly,
same are denied and strict proof thereof demanded at trial.
14. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 14 and, accordingly,
same are denied and strict proof thereof demanded at trial.
15. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 15 and, accordingly,
same are denied and strict proof thereof demanded at trial.
16. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 16 and, accordingly,
same are denied and strict proof thereof demanded at trial.
17. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 17 and, accordingly,
same are denied and strict proof thereof demanded at trial.
18. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
3
to the truth of the averments of Paragraph 18 and, accordingly,
same are denied and strict proof thereof demanded at trial.
19. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 19 and, accordingly,
same are denied and strict proof thereof demanded at trial.
20. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 20 and, accordingly,
same are denied and strict proof thereof demanded at trial.
21. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 21 and, accordingly,
same are denied and strict proof thereof demanded at trial.
COUNT I
UNJUST ENRICHMENT
ANDERSON-STERN, INC., Plaintiff
V.
KRISTINE FRANTZ, Defendant
22. Defendant's answers to Paragraphs 1 through and
including 21 are incorporated as if set forth fully herein.
23. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 23 and, accordingly,
same are denied and strict proof thereof demanded at trial.
4
24. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 24 and, accordingly,
same are denied and strict proof thereof demanded at trial.
25. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 25 and, accordingly,
same are denied and strict proof thereof demanded at trial. By
way of further response, Defendant has paid any and all amounts
requested by Defendant and/or Defendant's agents to be paid by
her on account of the purchase of the lot and construction of the
residential home thereon.
26. Denied. The averments contained in Paragraph 26 are
conclusions of law to which no responsive pleading is required.
To the extent that a responsive pleading is required, Defendant
paid any and all amounts requested by Plaintiff and/or
Plaintiff's agents to be paid by her on account of the purchase
of the lot and construction of the residential home thereon.
WHEREFORE, Defendant, Kristine Frantz, respectfully requests
your Honorable Court to enter judgment in her favor and against
Plaintiff, Anderson-Stern, Inc., together with the costs of these
proceedings and reasonable attorney's fees.
5
coUNT I
UNJUST ENRICHMENT
ANDERSON-STERN, INC., Plaintiff
V.
ERISTINE FRANTZ, Defendant
27. Defendant's answers to Paragraphs 1 through and
including 26 are incorporated as if set forth fully herein.
28. It is denied that Plaintiff completely performed and
delivered a newly constructed residence to Defendant. The
residence has not been completed to the satisfaction of Defendant
and, further, has not been completed in accordance with the
contractual obligations of Plaintiff.
29. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 29 and, accordingly,
same are denied and strict proof thereof demanded at trial.
30. Denied. After reasonable investigation, Defendant is
without sufficient knowledge or information to form a belief as
to the truth of the averments of Paragraph 30 and, accordingly,
same are denied and strict proof thereof demanded at trial. By
way of further response, Defendant has paid any and all amounts
requested by Plaintiff and/or Plaintiff's agents to be paid by
her on account of the purchase of the lot and construction of the
residential home thereon.
31. Denied. The averments contained in Paragraph 31 are
conclusions of law to which no responsive pleading is required.
6
To the extent that a responsive pleading is required, it is
denied that Defendant breached the construction Contract and
Agreement of Sale.
WHEREFORE, Defendant, Kristine Frantz, respectfully requests
your Honorable Court to enter judgment in her favor and against
Plaintiff, Anderson-Stern, Inc., together with the costs of these
proceedings and reasonable attorney's fees.
NEW MATTER
32. Defendant's answers to Paragraphs 1 through and
including 31 are incorporated as if set forth fully herein.
33. Defendant has paid any and all amounts requested by
Plaintiff and/or Plaintiff's agents and has, in all other
respects, complied fully with her contractual obligations
concerning the purchase of the lot and the construction of the
residential home thereon.
WHEREFORE, Defendant, Kristine Frantz, respectfully requests
that this Honorable Court enter judgment in her favor and against
Plaintiff, Anderson-Stern, Inc., together with the costs of these
proceedings and reasonable attorney's fees.
Respectfully submitted,
Date: November 143 , 1999 _
J es D. B ar., Esquire
Attorney I. No. 19475
Attorney for efendant
1 West Main Street
Shiremanstown, PA 17011
717-737-8761
7
VERIFICATION
I verify that the statements made in this Answer With New
Matter are true and correct. I understand that unsworn
statements herein are made subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unsworn falsification to
authorities.
DATE: November ffi , 1999 L r
Kristine F ntz
ANDERSON-STERN, INC.
Plaintiff
VS.
KRISTINE FRANTZ,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-5759 CIVIL
CERTIFICATE OF SERVICE
I, James D. Bogar, hereby certify that on this date I have
served a true and correct copy of the foregoing Answer With New
Matter of Kristine Frantz, Defendant to Complaint on the
following persons and at the following address by United States,
First Class Mail, postage prepaid in Shiremanstown, Pennsylvania:
Mark C. Duffie, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Dated; November 15 3, 1999
Ja es D. Bo r, Esquire
Attorney I. N 19475
Attorney for endant
1 West Main Street
Shiremanstown, PA 17011
717-737-8761
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