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Home My WebLink About07-5974r') LAURIE A. ELLIOTT Plaintiff VS. TANISHA A. GRANDBERRY Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. a 1 "S/ ? y 4--e'rK : CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS 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 y attorney and filing in writing with the court your defenses or objections to the claims set forth against you . You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 LAURIE A. ELLIOTT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. - 59 7N Cd?? -f trp+ 0 -7 TANISHA A. GRANDBERRY, Defendant : CIVIL ACTION - LAW COMPLAINT - BREACH OF CONTRACT 1. Plaintiff is an individual, Laurie Elliott, trading and doing business as Open Door Properties in the Commonwealth of Pennsylvania: She resides at 3408 Cedar Springs Lane, Meta Vista, California. At all times relevant hereto, Plaintiff is seller of property located at 230 Woodbine Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Tanisha Grandberry: She resides at 244 Fifth Avenue, Suite T213, New York, New York 10001. At all times relevant hereto, defendant is buyer of the property located at 230 Woodbine Street, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant owns multiple properties in the Commonwealth of Pennsylvania; her New York mailing address is where she routinely accepts information and payments relating to her rental properties, including the property in question. 4. Plaintiff regularly accepts information and payments relating to her rental properties, including the property in question. 5. The property in question is located at 230 Woodbine Street, Harrisburg, Dauphin County, Pennsylvania. (hereinafter "the property"). COUNT I - BREACH OF CONTRACT 6. Paragraphs 1 through 5 are incorporated by reference as if set forth fully herein. 7. On April 27, 2007, Plaintiff sold and Defendant purchased the property. See Exhibit "A" attached hereto and incorporated herein. 8. On April 27, 2007, Plaintiff and Defendant entered into an agreement memorialized by an INSTALLMENT NOTE (hereinafter "Note"). See Exhibit "B" attached hereto and incorporated herein. 9. Defendant has not made timely payments and presently owes to Plaintiff twenty-six thousand, four hundred forty-two dollars and forty-seven cents ($26, 442.47). 10. Demand for Payment in Full has been made by Plaintiff. See Exhibit "C" attached hereto and incorporated herein. 11. Defendant has not responded to Plaintiff's Demand for Payment. 12. Plaintiff has fulfilled all terms of the agreement, as codified in the Note. 13. According to the terms of the Note, the entire amount outstanding and accrued interest is due. 14. Defendant is in default of the agreement as codified in the Note. 15. Plaintiff has expended $800 to date on the preparation of this Breach of Contract Action in attorneys fees and $78.50 for filing fees. WHEREFORE, Plaintiff demands judgment against defendant in an amount of twenty- six thousand, four hundred forty-two dollars and forty-seven cents ($26, 442.47) plus any amounts due under the Agreement and not yet paid in full, plus eight hundred dollars ($800.00) in attorneys fees and seventy-eight dollars and fifty cents ($78.50) in filing fees. Respectfully Submitted, Mark A. Mateya, Esq. Pa. ID 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Date: 6 ?? VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. k MARK A. MATEYA, QUIRE 16 0? r? Dated: A. Settlement Statement B. Type of Loan U.S. Department of Housin and Urban Development OMB No. 2502-0265 u ?• LJ rmHA 3. LJ Conv. Unins File Number Loan Number Mortgage Insurance Case N CA b 4. VA 5. Conv. Ins. um er A-Grandberry-9 06305 C. NOTE: This form is furnished to i g ve you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "p.o.c" were, paid outside of closing; they are shown here for inf ormational purposes and are not included in the totals. D: NAME AND RDbRES {)F 80Rf2C dVf? TaMlsha ,Q aGrarrdberry E. NAME AND ADDRESS OF SELLEI.: Laurie A. Elliott PA Anthony D. Elliott F. NAME AND ADDRESS OF 1_ENDE ; bnstl I ''.Bank.::: _ P O Hoz:2s0,:Slirppensliurg anA47257 ... . .: .:. . .::........ G. PROPERTY 230 - 232 Woodbine Street LOCATION: Harrisburg, PA ------------- H SETTLEMENT AGENT C_3prtatAreaAbs(raot,lnc, PLACE OF SETTLEMENT: 233 Market Street, Sulfe21S, Camp Hill PA 17011 TIN 25-..$.41633 , 1. SETTLEMENT DATE: 0412712007 RESCISSION DATE. J. SUMMARY OF BORR ;iWER'S TRANSACTION 1.00. GROSS:AMOUK-'P }E': R0k4 BE ±RROVfIER K. `:::':':::` .. SUMMARY OF SELLER'S TRANSACTION : : 4.Q0 ..:ORq . AN(OL1N7:QE E p -.ELtER' 101 Coniraci`$ales.Pnce _ ` . ............ " 102. Personal Property ..... :. 370':0:40.:00 4Qf;:Cngi'racfSales:Prrce..,.; . - 103.: Settlements charges to borrower $3701 0-00.00 402. Personal property - (from Iina 1900) sxa a?4 7s 104. . ` 105. ? ; `:..":......... _ ...,. . 404. ,. 405 ::. . ADJUSTMENTS FOR ITEMS PAID 9Y SELLER IN ADVANCE: 106: Ciiyltown taxes 04!2717007 1 12/31/2007{ ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE $727 82 Q 107. County Taxes 04..27/2007 to 1213112007 _ .I 13G City/tpwn Taxes 04 27 200.7 tR ?.. / 12 .31:/2007 ?- $727, 82( $753.97 407 County Taxe 0 10d; Assessment6 04/x7/2007 ? 06/:34/2407 . s 4/27/2007 to 1213112007 $753 97 $57I. 65 408 Assess n ^ 109. me ts 04/x 7/2047 to i?6{3t)J?d07 $ 571 i55 110.. 409. 111. :. ... ... ... .,. 11x, ? _ .. .. .. ,... .. 411. . 7 77 412; .::..:.::::: : ::::: . ': ;: `•t:a:::` :: ' :` ': •: :` : : ` : 120. GROSS AMOUNT DUE FROM B D.RROWER . . . . : . : . .::: $385,288 19 214: A(vSOUN,IS PAI,d.BY OR:IN.BEH ,IF:rjF 8C?RROV'lER - 420 GROSS AMOUNT DUE TO SELLER: $372,053.44 .. 201 Deposit or earnest money . s?44,:R.?IJUC'ItJN, 9 IN.AM.p41PtT;tJ.?7E T9.SE(,L?R:.'; _ 202, Piindpal artibuntbf,new loans} $1,000-00 501. Excess deposit (see instructions) 203 Existing loan(s) taken subject to 4zssoao or7 50?..Sattlari?ar?;itrMar?esio.sella?{1tna.14f?1? 204 ^^^^^^^ 503. Existin9 loanO s taken subject to -: 205. -1 I'll, OG:?Pdjroffc:ftt'.in°i3g898Joari>:.???:I,@9Cs l<}c::. ::. ?zaz:ass :?:?: 206. Ren Cs Apr '2T .... 505 Payoff of second mortgage loan 207. ,,Q $fi50;Qt3 5013;'.Ren 9 200. = _ $6;.500:00; 507 . 209. 508. ADJUSTMENTS FOR ITEMS UNP: ID BY SELLER: 509, 210. City/town taxes t ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: c 21i :Count faxes ' y „ fs.:: "•, 510. City/town taxes ..... to ... .. 212. Assessments t> . ................... . 51.E::Cvtirrt taxes• .: y •'t D 213, 512. Assessments to :: 214. 2.15. ? _ 514. -- - 515 2tT. ...... - - ..... 516. 218. 51T 518. ?20. TOTAL PAID BY/FOR ,..:?'f9;:'." .t:.::.:.:':::>:>:•:•''t...::...•.... BORROWER: $3 03, 500.00 520• TOTAL REDUCTIONS IDO CigS:H qT:SI~TTGIaMENT FR AMI -)sflcJRRC?iNE IN AMOUNT DUE TO SELLER: $237, 492.83 .. . __ ... R;: 01 Gross amount due from borrower l , 6001:.SASH:AT S>~TT1:6MEN Tfl/FRpM.w a,E?R ( ne 120) 42 , Less,ainount,patd txy%fbrborrower 77 220 $385,288.19 601 Gross amount due to seller (line 420) } 03. CASH ( FROM ® $372,053.44 SQO: D4 802:;Less.redu ...... a..... ite seN ?i>}cne 520j ?;2:?2; 8:9?: 93 " ) TC ' BORROWER: "' $81,788.19 603. CASH ( FROM (®TO) SELLER : $134,560. 61 HUD-1 (3-86) - RESPA, HB 4305.2 ' rcmotended and approved for, nliStAG`REEMENT FORuTHEiSALE OF?Cnienibm OMoMERCIIsA?L REAL ESTATE (PAR). 1JUMNESS RELATJONSHIP WITH PA LICENSED BROKER BROKER(Company)__ ?' n?A'x _LTr? i=L /2uv ?ADDRESS PHONE ?L ?!3 CLC!rvT w??/ uliG ?rJir SwTe- G«1 tJAX 7/ 7 BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR BUYER ?` ? TRANSACTION LICENSEE 1 2 3 4 5 6 7 0 a 10 t2 13 14 I5 16 17 td 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 s 3, 37 38 39 40 41 42 43 41 45 46 47 48 49 50 51 52 53 54 55 56 57 58 nv,Ay,K,'N IfUNINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Company) ^ f}T r4u PHONE ?/; 7' ' ADDRESS :2.1:2 i1l/9Y1/<[r i %Cce °w sn ? Z ';Y / 7 60 V j _ FAX_ -7-1 J 7??- V :h.?; BROKER IS THN AGENT FOR BUYER. Designated Age t(stS ) fir Buyer, if applicable: OR Broker is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE. When the same Broker is Agent for Seller and Agent for Buyer, Broker is a Dual Agent. All of A-qler's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Sel r f e same Licensee is design fo Iler and Buyer, the Licensee is a Dual Agent. 1. Tbi5 z1greement) dated `'dyl?jC,al is between SELLER(S):tJ?QLL/ u77 BUYEK(S): V/-5 called "Seller," and THi /tl ? yiv c'/2K? 2. PROPERTY. Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase; ALL THAT CERTAIN lot or piece of ?round with buildings and improvements thereon erected, if any, known as: , called "Buyer." in the [!i / of _/o-efK S h c?County of Commonwealth of Pennsylvania, 'Lip Code Identification (e.g., Tax 11) #; Parcel #; Lot, Block; Decd Book, Page, Recording Date)_ 3. TERMS (10-01) (A) Purchase Price 71 !7 C'. /j?v,y?1LG loo V? ,vTy/ 1 U US which will be paid to Seller by Buyer as follows: (1) Cash or check at signing this Agreement: (2) Cash or check within -?,r days of the execution of this Agreement: (3) (4) - (5) Cash, cashier's or certified check at time of settlement: (B) Deposits paid on account of purchase price to be held by Broker for Seller, unless A/S-C U.S. Dollars $ $ __f+t?UCJ TOTAL $ 3219? !/o!J P4W,stated here: (C) Seller's written approval of r before: (D) Settlement to be on " or before if Buyer and Seller agree. (li) Conveyanc:b from Seller willb s' ee al warr th i, stated here: (I') Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (G) At time of settlement, the following will he adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes (see Notices and Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees, if any; water and/or sewer fees, if any; together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: ( I) Buyer shall reimburse Seller for the actual costs of any remaining heating, cooking or other fuels stored on the Property at the time of settlement, unless otherwise stated here: 4. MXTURES & PERSONA 1, PROPERTY (1-00) (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens, including plumbing; IIVAC equipment; lighting fixtures (including chandeliers and ceiling falls); and water treatment systems, unless otherwise stated below. Also included: t?eI" ? ?A7 1U?15?< s o[ fil2?&,C S (B) LEASED items: ?- ---- (C) EXCLUDED fixtures and items: 5. SPECIAL CLAUSES: , (A) The follo g are art of?t1 is Agreement if checked: (B) SPECIAL PROVISION (1F ANY): ?dt Pw Ty/ -/t}f- u-57- 17118 t?ffl f, rv/Y s ?cJ/t G? `/?St? ?IL?C C , / . X LCD rc.. ! u /t//,:?ie.?.,, _?e l Lr?- J />vl r?c_ (All% L. 5 tvi '?n? ?v 74 59 Buyer Initials: A/S-C Page 1 of 5 Seller Initials:'` 0] Pensyl I ssoci ion of COPYRitarr PENNSYLVANIA ASSOCIATION V )FHFA1:ORSW2o(l REALTOR MAWWR The ,b,e, 10/0 1 r R.r EaOM,• w ?.?..„..r 60 6, POSSESSION (5-01) 61 7A) l'ossessiou is to be delivered by deed, keys and: 62 1. Physical possession to vacant Property free of debris, with all structures broom clean, at day and time of settlement UNLES 53 wise stated here: 64 S other- AND/OK 65 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the exe- cution of this Agreement or unless otherwise specified here: _ 66 fit Iruye? will u?knowl?,Ig? ?xi»ii,. Ice 68 (B) Seller will not enter into art new s?ds? 1,Y inioaling said tease(s) at little or signing this Agreement if Pro c 69 ten consent of the Buyer. Y leases, written extension of existing leases, if any, or additional leases for the Propertyawi lulu( writ- 7o 7. DATES/TIME IS OF THE ESSENCE (5-01) 71 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this 72 hereby agreed to be of the essence of this Agreement. Agreement are 73 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement 74 was executed and including the last day of the time period. 75 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by written agreement of the parties. 76 S. FINANCING CONTINGENCY (5-01) 77 ? WAIVED. This sale is NOT contingent on financing. 78 J? ELECTED 79 (A) This sale is contingent upon Bu ,yer obtaining "Inci as follows: 80 I. Amount of loan S _ ?- I 5-.? /Y 81 2. Minimum Terre ?- ye years 82 3. Type of loan w ?KtC / 83 4. Buyer agues to accept the interest rate as may be committed by the lender, not to exceed a maximum interest rate of' e,1 (B) Within 10 days of the execution of this Ab greement, Buyer will make a completed, written application to a responsible lender according to 85 the terns above. The Broker for Buyer, if any, otherwise the Broker for Seller, is authorized to communicate with the lender for the 85 purposes of assisting in the loan process. 61 (C) 1. Upon receipt of a financing commitment, Buycr will promptly deliver a co i2 8R 2. Financing commitment date pY Iy[;'t to Seller. 8`d otherwise agreed to in writing by u c ? Unless er ?tt 3 fis Seller by the above date, all deposit 90 monies paid on account of purchase price will be returned promptly to Buyer and this cement will be VOID. Buyer will be respon- 91 sible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation of same, if an AND/OR an 92 urns for flood insurance and/or fire insurance with extended coverage, insurance hinder charges or cancellation fee, if any; AND/OR 93 any appraisal fees and charges paid in advance to lender. 41 9. ZONING CLASSIFICATION (5-01) P5 Failure of this Agreement to contain the zoning classification (except in cases where the property (arid each parcel thereof, if subdividablel 96 is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of the Buyer, and, if voided, 97 any deposits tendered by the Buyer will be returned to the Buyer without any requirement for court action. 98 Zoning Classification: NLrst. ?ieAr a , p f 99 10. ZONING CONTINGENCY (5-01) 100 .mow WAIVED 101 ? ELECTED. Within days of the execution of this Agreement by all parties, Buyer will verify that the proposed use of the Property ;, 101i as. is the event (lie propd is not 103 given for verification, notify Seller in writing that the proposed luse of the Propenyd is notspermitted an It Buyer Buyer ll (check only one time it I^11 ? Option 1. Within the time for verifying the zoning classification, notify Seller, in writing, of Buyer's decision to with the 105 proceed purchase of the Property or terminate the Agreement. Should Buyer elect to terminate the Agreement all deposit monies paid on 106 account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Failure of Buyer to provide writ- 1 107 ten notice of Buyer's decision will constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the 108 RELEASE set forth in paragraph 25 of this Agreement. 109 ? Option 2. Make application for approval (or variance/non-conforming use/conditional use/special exception) from u 110 1( 111 (municipality) to use the Properly as (proposed use). 112 (A) Such application will be made on or before t 113 (13) Buyer will pay for applications, legal fees, engineering - 1' 114 (C) If the municipality requires the application to be signed) b arid any other cost associated witainn y the current owner, Seller agrees(to dolso approval. i1 115 (D) If a final, unappealable approval is not obtained by 11 116 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will he VOID. all deposit 11 117 11. STATUS OF WATER (5-01) 11 118 Seller represents that Property is served by: 11 119 Public water it 120 ? On-site water 11 121 El Community Water 12 122 11 None 12 123 ? 12 124 Seller further warrants that the system(s) is/are fully paid for as of the execution date of this Agreement. 12 t25 12. STATUS OF SEWER (5-01) 12 126 Seller represents that property is served by: .. 12 Q 127 +? Public Sewer 12 12a El Community Sewage Disposal System 12 129 ? Off-Property Sewage Disposal System 12 130 ? Individual On-Lot Sewage Disposal System (See Sewage Notice 1) 12 131 ? Individual On-Lot Sewage Disposal System in proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) 13 132. ? Ten-acre Permit Exemption (See Sewage Notice 2) 13 133 11 1lolding Tank (See Sewage Notice 3) 13. 134 11 None (See Sewage Notice 1) 13' 135 ? None Available (See Sewage Notice 5 or Sewage Notice 6, as applicable) 1T 13s ? _ IT 137 Seller further warrants that the system(s) is/are fully paid for as of the execution date of this greement. 13; 138 13i -r ' t3E 139 _ 14o Buyer Initials: A/S-C Page 2 of 5 139 - Seller Initials: ????? 140 ,1i i?. rtcurl;R'I'1' llla'1?CTS UISCLOSUHE (10-01) i (A) Selicr represents and warrants that Seiler has no knowledge except as noted in this Agreement that: (I) The premises have been coil- 141 Laminated by any substance in any manner which requires remediation; (2) The Property contains wetlands, flood plains, or any other 144 environmentally sensitive areas, development of which is limited or precluded by law; (3) The Property contains asbestos, pot chlori- 146 Y t t' nated biphenyls, lead-based paint or any other substance, the removal or disposal of which is subject to anY law or regulation; and (4) Any law has been violated in the handling or disposing of any material or waste or the discharge of any material into the soil, air, 147 surface water, or ground water. 149 1 iJ9 (13) gellcr and Buyer acknowledge that any Broker identified in this Agreement: (I) is a licensed real estate broker; (2) Is not an expert in t construction, engineering, or environmental matters; and (3) Has not made and will not make any representations or warranties nor con- 1 150 duct investigations of the environmental condition or suitability of the Property or any adjacent property, including but not limited to 1 151 those conditions listed in paragraph 13(A). 152 (C) Seller agrees to indemnify and to hold Broker harmless from and against all claims, demands, or liabilities, including attorneys fees and 1 153 court costs, which arise from or are related to the environmental condition or suitability of the Property prior to, during, or after Seller's 1 1511 occupation of the Property including without limitation any condition listed in paragraph 13(A). 155 (D) The provisions of this Section will survive the performance of this Agreement. 1 156 14. NOTICES AND ASSESSMENTS (5-01) 1 152 (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or owner association assessments 1 158 have been made against he Property which remain unpaid and that no notice by any government or public authority has been served L 159 upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances 1! 160 which remain uncorrected, and that Seller knows of no condition that would constitute violation of any such ordinances which remains 11 161 uncorrected, unless otherwise specified here: 162 163 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 11 164 11 165 (C) Any notice of improvements or assessments received on or before the date of Seller's acceptance of this Agreement, unless improve- V ifi6 ments consist of sewer or water lines not in use, shall be the responsibility of the Seller; any notices received thereafter shall he the it 162 responsibility of the Buyer. 1E8 (D) II' required by law, Seller will deliver to Buyer, on or before settlement, a certification from the appropriate municipal department or 1( 169 departments disclosing notice of* any uncorrected violation of zoning, building, 120 (E) Buyer is advised that access to a public road may require issuance of a highway occupancy or fire ordinances. 1t 121 15, TITLE AND COSTS (1-00j permit from the Department of Transportation. ,; 172 (A) The Property is to be conveyed free arid clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following: t. 1 _J 111,11 deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements 174 visible upon the ground, easements of record, privileges or rights of public service companies, land use restrictions pursuant to property 17 175 enrollment in a preferential tax program if any; otherwise the title to the above described real estate will be gout and marketable and such 17 176 as will be insured by a reputable Title Insurance Company at the regular rates. 177 (13) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Insurance Company at ii 176 the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (1) Taking such title as Seller can give, with no change 17 179 to the selling price; or (2) Being repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller 17 1110 for any costs incurred by Buyer for those items specified in 181 _ paragraph IS(C) and in paragraph 15(D) items (1), (2), (3), in which case 18 (here will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. 12 182 (C) Any survey or surveys which may he required by the Title Insurance Company or the abstracting attorney, for the preparation of an to 1113 adequate legal description of the Property (or the correction thereof), will be secured and paid for by Seller. However, any survey or 18 1811 surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 18 165 (D) Buyer will pay for the following: ( I ) Title search, title insurance and/or mechanics lien insurance or fee for cancellation of same, if any; to 126 (2) flood insurance, fire insurance with extended coverage, mine subsidence insurance, and cancellation fees, if any; (3) Appraisal fees to 187 and charges paid in advance to mortgage lender, if an tee 16. COAL NOTICE Y: (4) Buyer's customary settlement costs and accruals. 18 169 W NOT APPLICABLE 18 18 190 IJ APPLICABLE. Tius DOCUMENT MAY No"r SELL, CONVEY, 77RANSF ER, INCLUDE OR INSURE TILE TI7LE'FY1TItE COAL AND RIGHTS OF SUPPORT UNDER- 19 191 NEA11i TIM SURFACE LAND DESCRIBED OR REFTHRRED TO HEREIN. AND THE.. OWNER OR OWNERS OF St1CH COAL. MAY HAVE THE COMPLETE LEGAL 19 1g2 RIGHT TO REMOVE M-L SUCH COAL AND IN TIIAT CONNECTION, DAMAGE MAY RE-SUI:1' TO THE SURFACE OF TIIE LAND AND ANY HOUSF, BUILDING OR 19 193 OI71ER st-RUC1URE;ON OR IN SUCH LAND. (This notice is set firth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) 19 141 "Buyer acknowledges hat he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and 19 19; that the property described herein may he protected from damage due to mine subsidence by a private contract with the owners of the eco- 19 1% nomic interests in the coal. This acknowledgement is made for the purpose of complying with the provisions of Section 14 of the Bituminous 19 197 Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed front Seller which deed will contain the 19 19F aforesaid provision. 199 17. TAX DEFERRED EXCHANGE, (10-01) 19 Loa Jr? NOT APPLICABLE 19 201 El APPLICABLE. in the event Seller wishes to enter into a tax deferred exchange for the Pro rt 20 M2 Revenue Ctxle, Buyer agrees to cooperate with Seller in connection with such exchange, including y pursuant to he execution of such do cum ntslas may 20 2111 be reasonably necessary to conduct the exchange, provided that there shall be no delay in the agreed-to settlement date, and that any addi- 20 201 tiunal costs associated with the exchange are paid solely by Seller. Buyer is aware that Seller anticipates assigning its interest in this 20 '07 Agreement to a third party under an Exchange Agreement arid does hereby consent to such assignment. Buyer shall not be required to exe- 20 206 cute any note, contract, deed or other document providing b any liability which would survive the exchange, nor shall Buyer be obligated to 20 201' take title to any properly other than the Property described in this Agreement. Seller shall indemnify and hold harmless Buyer against any 20 Log liability which arises or is claimed to have arisen from any 1Spect of the exchange transaction. 2r79 18. COMMERCIAL CONDOMINIUM (10-01) 20 210 Q' NOTAPPLICABLE 20 21 211 APPLICABLE. Buyer acknowledges that the condominium unit to be transferred 1Sy`le terms of this Agreement is intended for nonresi- 21 212 denlial use, and that Buyer may agree to modify or waive the applicability of certain privisions of the Uniform Condominium Act of 21 213 Pennsylvania (68 Pa. C.S. }3,01 er. seq.). 214 19, RECORDING (5-01) This Agreement will not be recorded in the Office of the Recorder of Deeds or in'9ny other office or place of public 2t 21 215 record. If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 21 216 20. ASSIGNMENT (3-85) This Agreement will be binding ulxm the parties, their respective heirs, personal representatives, guardians and suc- 21i 2.17 censors, and, to the extent assignable, on the assigns of the parties hereto. It is expressly understood, however, that the Buyer will not transfer or 21' <218 assign this Agreement without the written consent of the Seller. 219 211 220 ? 21f `t.1 Buyer Initials: zzr A/S-C Page 3 of 5 Seller initials: 221 223 --!•..uru v yL'KY FUND (1-00) • ?A ]Jc usils gait' xh Lau cr within days of seltlentent will be by cash, cashier's or certified check. Deposits regardless he furor of .30 z24 payrr)ent and :he person designated as payee, will be paid 1n U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain 225 their) in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. 226 Any uncashed check tendered as deposit may be held pending the acceptance of this offer. 227 (If) in the event of a dispute over entitlement to deposit monies, a broker holding the deposit is required by the Rules and Regulations of the 228 State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of liti a- 229 tion for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written agreement of z"' the parties. Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit $ 2 31 monies, the attorneys fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 2,42 (C) A Rid Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against it Pennsylvania real estate 233 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after ? 234 exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within 235 Pennsylvania) and (717) 783-4854 (outside Pennsylvania). 236 22. MAINTENANCE AND RISK OF LOSS (5-01) 237 (A) Seller will maintain the Property, and any personal property • sPecified herein, in its present condition, normal wear and tear excepted. 238 (B) Seller will promptly notify the Buyer if, at any time prior to the time of settlement, all or any portion of the Property is destroyed, or 239 damaged as a result of any cause whatsoever. 2.10 (C) Seller will bear risk of loss from fire or other causes until time of settlement. In the event that damage to an ro rt241 sale is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and receiving alldmin this onies 242 paid on account or of accepting the Property in its then condition together with the proceeds of any insurance recovery obtained by Seller. 2 243 Buyer is hereby notified that he/she may insure his/her equitable interest in this Property as of the time this Agreement is accepted. 2 244 23. CONDEMNATION (5-01) 2,15 Seller has no knowledge of any current or pending condemnation or eminent domain proceedings that would affect the Property. If any por- 2 216 lion of the Property should be subject to condemnation or eminent domain proceedings after the signing of this Agreement, Seller shall inane- 2 diately advise Buyer, in writing, of such proceedings. Buyer shall have file option to terminate this Agreement by providing written notice to 2 2,16 Seller within fifteen (15) days after Buyer learns.of the filing of'such proceedings, in which case Seller shall return to Buyer all-money paid z on account of the purchase price by Buyer. Buyer's failure to provide notice of termination within the time stated will constitute a z WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 24. WAIVER OF CONTINGENCIES (1-00) 2 In the event this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's z options specified in the contingency provision(s) within the time limits will constitute a WAIVER of that contingency and Buyer accepts 2`1 the Property and agrees to the RELF,ASE set firth in paragraph 25 of this A 2 25. RN'LEASE (1-00) Boyer hereby releases, quit claims and forever discharges SEI LERtALL BROKERS, their LICENSEES, EMPLOY- 2 25.7 EL'S, and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by 2 268 or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and 2! all of the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, 2! 260 radon, lead-based paint hazards, envir(mmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in 7i 261 the on-site water service system, or any defects or conditions on the Property. This release will survive settlement. 262 26. REPRESENTATIONS (5-01) 2( 263 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, 21 264 Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly or s' ated in s 21 265 a Agreement. It is further understood that this Agreement contains the whole agreement between Seller and Buyer' ande here are no otther 2t 266 terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. 2t 2-57 Furthermore, this Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 2( 268 (13) It is understood that Buyer has inspected the Property before si nin ,rye g (, this Agreement (including fixtures and any personal prop- 2f erty specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present condition unless It Vo otherwise stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not z 271 made an indeotndent examination or determination of the structural soundness of the Property, the age or condition of the com- 2- 272 portents, environmental conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor 27 773 have they made a mechanical inspection of any of the systems contained therein. 271 (C) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 2i 27 275 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 27 <76 27. DEFAULT (1-00) 277 Should Buyer: 27 278 (A) Fail to make any additional payments as specified in paragraph 3; OR 27 27 279 (B) Furnish false or incomplete information to Seller, Broker for Seller, Broker for Buyer, or the tender, if any, concerning the Buyer's legal 27 280 or financial status, or fail to cooperate in the processing of the loan application, which acts would result in the failure to obtain the 28 281 approval of a loan commitment; OR 282 (C) Violate or fail to fulfill and perform any other terms or conditions of this Agreement; 28 28 289 then in such case, Seller has the option of retaining all sums paid by Buyer, including the deposit monies, 1) on account of purchase 28 281 price, or 2) as monies to be applied to Seller's damages, or 3 285 ) as liquidated damages for such breach, as Seller may elect, unless 28 otherwise checked below. 286 Seller is limited to retaining sums 28 287 ' Paid by Buyer, including deposit monies, as liquidated damages. 28 If Seller elects to retain all sums paid by Buyer, including deposit monies, as liquidate(] damages, Buyer and Seller will be released from 28 288 further liability or obligation and this Agreement will be VOID. 289 28. CERTIFICATION OF NON-FOREIGN INTEREST (10-01) 28 290 ? Seller IS a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate subject to Section 1445 of the Internal 29, 231 Revenue Code, which provides that a transferee (Buyer) of a U.S. real property interest must withhold tax if the transferor (Seller) is a 29 12 foreign person. 2 21, 29, 293 Seller is NOT a foreign person, foreign corporation, foreign partnership, foreign trust, or a foreign estate as defined by the Internal 29. 294 Revenue Code, or is otherwise not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code. To infornl 29. 295 Buycr that the withholding of tax is not required upon the sale/disposition of the Property by Seller, Seller hereby agrees to furnish 29! 296 Buyer, at or before closing, with the following: 297 ? An affidavit stating, under penalty of perjury, the Seller's U.S. taxpayer identification number and that the Seller is not a foreign 29'. 298, person. 29d ? A "qualifying statement," as defined by statute, that tax withholding is not required by Buyer. 29t 300 ? Other: _ 29( 301 Seller understands at an docunlentation provided under this provision may be disclosed to he internal Revenue Service by Buyer, and that 301 302 any false sta o i ed therein could result in punishment by fine, imprisonment, or both. 9o Buyer Initials: A/S-C Page 4 of 5 302 Seller Initials: ? 303 -"a v A V-3 1-vv 1311 cr and Seller agree to arbitrate any dispute het weeu fhenl that canner he amicably resolved. ('After 304 et rifted'femim'd I;rr artwianon by either Buyer nr S('llcr, each party will select a conyletent and disinterested arbitrator. "fhe two so selected will 305 su& -"('feet a third. If selection of the third arbitrator cannot be agreed upon within 30 days, either party may request that selection be made by a 3o6 30l judge of a court of'record in the county in which arbitration is pending. Each party will pay its chosen arbitrator, and Clear et uall; expens for 217 ti3Lr the third and all other expenses of arbitration. Arbitration will be conducted in accordance with the provisions of Pennsylvania Common Law 308 309 Arbitration'42 Pa. C.S.A. §7341 et. seq. This agreement to arbitrate disputes arising from this Agreement will survive settlement. 31o 30. BROKER INDEMNIFICATION (10-01) 309 311 Buyer and Seller represent that the only Brokers involved in this transaction are: 310 :n. -- 311 312 313 and that the transaction has not been brought about through the efforts of anyone other than said Brokers. It is agreed that if any claims for 313 511 brokerage commissions or fees are ever made against Buyer or Seller in connection with this transaction, each party shall pay its own legal 314 315 fees and costs in connection with such claims. It is further agreed that Buyer and Seller agree to indemnify and hold harmless each other and 315 316 the above-listed Brokers from and against the non-performance of this Agreement by either party, and from any claim of loss or claim for 316 317 brokerageannmissions, including all legal fees and costs, that may be made by any person or entity. This paragraph shall survive settlement. 317 318 31. GOVERNING LAW (10-01) 319 This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 318 32u 32. NOTICE BEFORE SIGNING (5-01) 319 32 32t Buyer and Seller acknowledge that Brokers have advised them to consult and retain experts concerning the legal and tax effects of this 321 322 Agreement and the completion of the sale, as well as the condition and/or legality of the Property, including, but not limited to, the Property's 322 323 improvements, equipment, soil, tenancies, title and environmental aspects. Return by facsimile transmission (FAX) of this Agreement, and 323 324 all addenda, hearing the signatures of all parties, constitutes acceptance of this Agreement. 325 33. NOTICE 324 325 326 All notice requirements under the provisions of this Agreement or by application of statutory or common law will he addressed to the appro- 326 327 priate party, at the addresses listed below via any means of delivery as mutually agreed upon by the parties and stated here: 328 327 329 if to Seller: 326 330 329 331 With a copy to: 330 332 331 333 If to Buyer: 332 334 333 335 With a copy to: 335 336 335 336 337 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 337 338 i-d Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 339 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holdin de 338 Sao signing this Agreement. g posit money) before 339 r 341 Sat Buyer acknowledges re 'ing a copy of this Agreeme tat the time of u going. 542 ? 341 3a3 WITNESS/ATT , ?r ''Z+ ?'' 342 ?. BUYER. DATE"`7?=7?''?s _ 3aa BUYER(S) ME 343 345 Mailing Address--- SS/TI # 345 346 Phone #s FAX # 345 347 E-Matt 346 348 WITNESS/ATTEST BUYER 347 lag BUYER(S) NAME DATE 349 350 Mailing Address SS/TI # 3ae 151 Phone #s _ FAX # 350 152 G-IVleil 351 153 WITNESS/ATTEST BUYER 352 t54 BUYER(S) NAME DATE 353 5i SS/'i'1 # 354 Mailing Address 56 Phone #s 355 - f?AX # C-Mail 57 356 357 5iol 0 Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 3 58 59 ? Seller has received a statement of Seller's estimated closing costs before signing this Agreement. 359 W 51 VOLUNTARY TRANSFER OF CORPORATE ASSETS (if applicable): The undersigned acknowledges that he/she is autho- 3636 0 62 rized by the Board of Directors to sign this Agreement on behalf of the Seller corporation and that this sale does not constitute a 362 63 sale, lease, or exchange of all or substantially all the property and assets of the corporation, such as would require the authorization 363 64 or consent of the shareholders pursuant to 15 P.S. § 1311. i5 364 se SE LLiL.R'S AC'C'EPTANCE: Seller her hy;accepts' the above contract this ((late) 366 i7 •' 3ti6 s 7 s8 WITNESS/ATTEST 367 DATE 36e ',9 SELLER(S) NAMF f-4t C. " E_Z SS/TI # _ 3 i y - i (/ - / S P7 369 .n Mailing Address Phone #s FAX # 370 E-Mail 371 '3 WITNESS/ATTEST 372 SEI.I,F.R DATE 373 .4 SELLER(S) NAME_ SS/TI # 5 Mailing Address 374 6 Phone #s FAX # 376 7 - E-Mail 376 a WITNESS/ATTEST SELLER 377 9 SELLER(S) NAME: DATE 376 I 0 Mailing Address SS/TI # 379 1 Phone #s FAX # Sao 2 E-Mail 381 A/S-C Page 5 of 5 392 r t BROKER'S COPY BUSINESS SERVICES f OR 11EAE UiIArE ("M 555.33'01 I't 10. INSPECTION CONTINGENCY OPTIONS (9-05) 'I he inspection contingencies elected by Buyer in paragraphs 11-15 arc controlled by the Options set forth below. The link periods stated in thew Options will apply to all inspection contingencies lit paragraphs I 1-I5 unless otherx%i,e .fated in this Altreentent Option 1. Within (he Contingency Period, as stated in paragraphs 11-15, Iluycr ,sill: I. Accept the Properly with the inionnation slated in the report(s) and agree to the R11FASI. in paragraph 27,1f this Agrecntent. OR 1. It liuycr " n„t c:rt,slled -I h the it, fi,nnauun slated in ncc iclimI(s). Ierminate Ihis Agreement by written not ice to Scllcr. aILdcpos11 monies reltrrnecl to Buycr according to the Icr'rns of paragraph 10 of Ihis Agrecntcni. OR 1. Minter into a mutually acceptable written agreement with Scllcr prm tdnig fin any repairs or nrtprmenicins to Ibe Piolierly andior any credit trI Buyer at sculcinent. as acceptable to the mortgage lender(s), if anv. If liuycr and Seller tit) not reach a %%ritlen agreement during the specified Contingency Period, and liuycr does not terminate this Agreement by ssritien notice to Seller within that time, Buyer will accept the 1'ropcrty and agree to the I(I:LI \til: in paragraph 27 of this Agrecrnent. Option 2. Wthin the Contingency Period, as stated in paragraphs 11-15, Buyer %611: 1. Accept the Property Willi the oilornutrion slated in the report(s) and agree to (be RELEASE in parlpriph 27 ol'Ibis Agreement. OR 2. If Buyer is nut satisfied with the infoilnalinn .Int d uI the report(s), present the reporl(s) to Seller "ifh it Written Corrective Proposal ("Proposal") listing corrections and/or credits desired by Itoyer. 1 he Proposal may. bill is not requited to, include the name of a prop- city Itccosed or qualified professional to pul'orni the couccbons icqucslcd in the Vioposal, provisions lirr payment, including retests, and it projected date for comptclion of the corrections. Buyer agrees that Seller will not he held liable lilr currcclion, that du not comply Willi mortgage Icndcr or governmental rcquircownts if pcrfi)rnlcil in it workmanlike manner according to the lenns of litivcCs Proposal, or by a contractor sclccled by Buyer. it. Within days (7 if not specified) of rccciving I3uycr', Proposal, Seiler will inform 1311ycr in wtiong of Scllcr's choice lo: ( I ) Satisly the Icrrns of Buyer's Proposal, Olt (2) Credit liuycr at settlement for the costs to satisfy the terms of Buyer's Proposal. as acceptable to the nlodgnge lender(s), if any, OR 13) Not satisfy the terins of Buyer's Proposal and not credit I3uycr al settlement for the costs to satisfy the Icons of Buyer's Proposal. h. If Scllcr agrees to satisfy the tarns of'Buycr's Proposal or it) credit Iluver at seulentent as specified above, Buyer acccpls the Property and agrees to tit: RI`.I.FASI: )n paragraph 27 orthis Agreement. C. If Scllcr chooses not to satisfy the lcnns ol'Buyer's Ptoposal and nut to credit Iluycr al scldenienl as specified above, or if Seller fails to choose any option within the time given, Iluycr will, %,,ul un _ days (5 if not specifie(l): ( I ) Accept the Property \vith the infilnnimon stafcd in the report(s) and agree to the RI'.LLASE in paragraph 27 of this Agreement. OR (2) terminate tills Agrcenicnf by wBttcn notice to Scller• drill) all deposit monies retuned ht I3uycr accoulntg Io file lenns oI pam- graph 10 of Ihis Agreement. ( )It (Z) Pinter into a mutually acceptable written agreement with Seller providing for any repairs or improvements- to the Property and/or any credit to I3uycr at scitletricnt, as acceptable to tic mortgagc hinder(s), it anv. If Buyer and Seller du not reach a written agreentenl during the firne specified in Option 2, 2. c., and Buyer does no( ter- ntinale (his Agreement by written notice to Seller within Iha( titne, Iluycr trill accept lie Properh' and agree to file ItELLASE in paragraph 27 of this Agreement. 11. PROPER'l Y INSPECTION CON'fIN(;I•;NCI' (9-05) (Sec Propely and I nvounnicnt;ol Inspection Notices) Buyer understands tbal property inspections, certifications andlor imestlgations can lie perlumncd by professional contractors. home inspectors. cnginccrs, arLhilccts and olllcr prolul) Iicumd or otherwise qualified professionals-, and may include, but are not limited to: stnidlural compo- nents: roof. Cxterior windows and ey(cnur doors: exterior siding. fascia, gut cos and duwnspuuls: ssvinnnine pools. hot fobs and spas: ;glpttanccs: clCCtiical, plumbing. hotting and cooling system: water penctialion: em itn gtglnal hazanls (eg., nu)Id. Iiulgi, indoor air quality, asheslus, under- );round shuage tanks, etc.): clectronargnctic fields: wetlands inspccut r}7o,{f plain verification, property boundary/square rootage verification: iuid any other ileins Buyer .nay select. Buyer is ad\ tsed to tnvestig,il use .entry decd and use restriclidms (including any historic preservation restrictions or ordinances) that apply to the Property I I it) rc •ic\J to al zoning ordinances. Olhcr pro%istuns tit this Agrceucnt may provide lilr inSJWLIMns, ccrtific MMIN and/or Inycslig;ruun% that dive r , Icrcd by Buyer's election here. ? WAIVED. Buyer has the option 1. 1 luct pr •rty ins ti rn crtifications and/or imc,tigatiuns. Boyer \VAIVI`S I IIIS 0I1 ION and agrees lu the RELLASL in para?l I . A r • 1C I:LLC°1 1-:1). Contingency Pcri% f5 rl'nut peeilic ) from the 1`xccutiun Date of this Ago d:mcnl. (A) Within (he Contingency Period, Buyer. at Buyer's expense, may have htspections, cclltficaliuns and/or investigations annPlcted by proper- ly IICCIINC'd or olhcnvisc qualified professionals. If Buyer elects to hate a home inspection ol'the Properly. as defined in the Pennsylvania Monte Inspccuun l.a\s' (see Intinntahun Rcgordntg the I lone inspection Lim I. the home Inspection nursl be perlormctl by a full ntcmhcr ill good stand- ing ul'a natiunill home inspection association or a person supervised by it lull nnenther of a national home inspection association, in accordance with the ethical stand.uds and code of conduct ur practice of Ih:lt association, or by a property licensed or registered pndcssional engineer. or a ppttoperly licensed or registered architect. 1 his contingetcy does not ;rppty to the following existing conditions and for items: <z"`-=r'!/?? c.rL:C?edl?l;i.-%_1ILG_ /Jj?rt c? ri e- 14- ?L ry.'i rat' tK r? ?,_ _Ll/r1lL C?'?I(.CILI L ? (14,'uc L' r-??'Jl ?c'lyl C (13) If Iluycr is nut satisfied with tit: condition of the It(o f y as stated in 111C women inspection rc),I(s), Buyer will proceed under uric uft11C tirl- lowing Options as listed in paragraph 10 within the Contingency Period: Option I ? Option 2 For the purposes of Paragraph I 1 only, Iluycr agrees to accept the Property \vilh the resales of any report(s) and agrees to ale RELEASE in paragraph 27 of Ibis Agreentenl il'the lolal cost In correct Ilse conditions staled in the report(s) is less Illarl (q1) if not specified) (ale "Deductible Amount"). Olhcnvise, all provisions (11' paragraph 10, Option 2, shall " apply, except that Seller will be deemed to have satisfied the (erns of* 13uyer's Proposal if Scllcr agrees to perform corrections or oiler credits such that the cumulative cost of any uncouccted or Wn'rediled condition(s) is et)nal to the Deductible Amount. -x-- TI-? ?f-e ---C 172 :-1 !: e e ;.L, BUSINESS SE NVICLS I On nEAL L37AIL (uat),51, zu O 12. 1VOOD INFE.SIACION INSPE "I ION CO, '(9-05) - 737 ? 1t'AIVI:D. Buyer has the option la VUL! 1C ( •tcd for wood Infestation by ;,it inspector certified as a .rood-destrt,ying pests PC- cide applicatur. 13111 LI( 11AItLT I I II O ) ;Iitd ccs lu the I(I:LLASI: in p:uagr:Iph 27 ul this Agrccnrcnt. I[I.I:C l I:D. Contingency I'ctit I. Iys 1 nut specific(l) fium the I.xceulion Date of this Agrcctncnt. (A) Within the Contingency Period. 1lnvcr, al linyer's expense. may obtain a %%ritlen "Wood-Destto!'in Insect Inlestalion Ins: r....., :... ,. t.,--1,6-1 ;- . . ? t cclton Kcpurt.. <J- • `"...I g1? + ••y":v,i-ta hc.ucnlc ai,l,ltc:uor and %%ill dchi cr it and all supporting docunrcnls and (11mvings pro- ridcd by the urspecwr to Seller, 'I ie repuit IN to he made satisfaclory to and nt compliance with applicable taus, ouurgagc lender lettuirctnents, alld"or I-cdcral Insuring and Guaranteeing Agt ncy icgnitcancnls. ifany. Ilie inspection is to be Iintiled to ail ru•adily isrh arid acces,11 le areas ofalf strictures Un (lic Propcit excep)i IenLeS and Ills lirlluuving snuctures, MlIch will nut he inspected: el I C,. L (13) Iftlte insttcctiun cowls active Inlcstatiun(s), Buyer. at Boyers expense, may within tlrr C'untiogency Period, uhla' i it Vi?rrplosal from a tkoud- dcsno)mg, pests pesticide applicator to treat the Property. (() If the Inspection reycals danlitgi: (loin acute m prcyiuus 1111"l ltion(s). Buyer, at Buyers expense, may, Lliihin file Contingency Period, obtain a wnncn rcputl Isom a professional contractor. home inspector or structural engineer (feat is limited to structural damage to If,, Property caused by wood destroying organisms and a Proposal to repair and/or treat the 11Iopcity. I I)) If Buyer is not satisfied tstth the condition ol'Ibe Property as stated nt the wriucn inspection report(s), Buyer will proceed under one of the lot- lowing Options as listed in paragro(Ih 10 tsilhin the C'onfingency Period: ? Option I ? Option 2 13. S IM US OF RADON (9-05) (sec Inforrn:nion Regarding Radon) (A) Seller leas no knussle(lgc contenting the presence or absence of tadon un1css cict:kcd below: ? 1. Seller has knowledge that the Properly tc;IS tested on the elates, by the methods (e.g., charcoal canister, alpha [rack, etc.), and with the results ol'all tests indicated below- DA V I i I YIT, OF 1 ES I RESULTS (picuCuricsrlitcr or working Icseh) ? 2. Scllcr has knowledge that the Properly underwent radon reduction ncaxures oil the date(s) and by [he method(s) indicated below DA 11: RADON RLDU('I [ON NNE H lOD ( OI'IF.S Uf ALI. AVAILABLE 1 I:S V RITOK I S will he (Icliccrcd to Buyer with this Agreement. SLLIA-A DOES NOI WARRANT 1:11)11:1( 1111: NIFI110l)ti OR 1(I:S1 L:fS OI' 11IF TFSIS. Ill) RADON INSPEC1ION CONIIN(,ENCY tVAIVLU. Buyer has (lie option to lime the Property mspecIcd liar radon by a ccitilied inspector. BUYER WAIVES 11115 O11 ION and .L' agrccs to the RELLAS1: in paragraph 27 of this Agreement. ? I:l.l:( 1 I.D. Contingency Period- days ( 15 if not specified) front the Execution Date of-this Agreement. Within the Contingency' Period, Buyer, at Buyer's expense, may obtain it radon test of the Property lium a certified Inspector. If Seller r'.i performs any radon reniediaUun. Seller will provide Buyer a certification that the rcrnediation was performed by a properly licenser( and 2r i certified radon ntiligatiun company. I. If file written test report reveals tic presence of radon below 0.01 working levels or 4 picoCuries/liter (4 pCi/l.), Buyer accepts tits 2:6 Property and agrccs tU the RELEASE in paragraph 27 of this Agrcclilent. I' 2. If the wriucn test reporl reveals file presence of'radon at or exceeding 0.01 woikin g levels or 4 7 proceed under one of the following Options as lis[cd in paragraph 10 within the Contingency Period: (4 pCiiL). Buyer will ,» ? Option ? 2E0 Option 2 :at 14. S'IATU5 OF 1V,% 1;R (9-05) 'RI i;?7 7ri (A) Geller rcptcscnts that the I'ropctly IS Scryetl by: Public Water 183 'N On-site Water 72V 1k? Community Water ;' ? Nune 5 ' 2Na (13) 1VAl•EK SERVICE INSPEC:11ON CONTINGENCY ItAI1'P.D. Buyer has the option to have an inspection ofthe quality and or gtantity ofthc water system for Ilse Property. BUYER WAIVES 19-50 '1 it 'l US OPTION and agrees fu the RI? LEASE in paragraph 27 of dus Agreement. ? 1:1-1.C11.:U. Contingency Period: days ( 15 it not specified) Irom the L•xcculiun Date of this Agreement. ,t I . Within file Contingency Period, Royer, at Buyer's expense, may obtain an inspection of the quality and/or quantity of Ilic water sys- tent fiom a properly licensed of otherwise qualified water/welt testing cump:nry. 2. If required by the inspection company, Seller, at Seller's expense, will locate and provide access to the on-site (or individual) water ;45 system. Seller also agrccs to restore file Property, at Scllcr's expense, prior to settlement. 1. If Buyer is not satisfied with the condition of file water system as slated in the written inspection report(s), 13nyer will proceed under one of the following Options as listed in paragraph 10 within the Contingency Period: 219 Option 1 ? Option 2 ``t9 3011 nlllll:NllLi;1111:NUV1c;?l;hlLN'1"!?O ;1(;1(1•;L'h11:N'1' U1' ??11,L ??/ /? / ASA-l. PHOPER7r 3D (U[ZiA/ 1 kJ16 S /Z??? r7?11i.S4?w' ?Jf? MJ.ER BUYER ? /L? i¢ Q rl t°?[K DATE OF AGREEMENT ..5? ? ! LG`t-9 /? GLLCJ? To v%e- /t3 uNCK X aC, ??• 0'77- CAS h (3?r?,? /?l o pe- _ / / ,? 61 (/ti/ v ? e ? / L ? fJ '?? ils • ? E? r/1 a.v /ij ? L ? i / ?i /'/ 6 /J v 117 -5e ? 7??sA Teo x ?vc? c17 G 7T ,/3• GZ:s sv r? C C,c_ U)/ o -? ? T /? K%tr ?7 e' •Y /5 III tidier term vurnlrriunc rrf.1 VITNESS VITNEYS T7 Pennsylvania Association of .,. ., ,..rt.bnwr,vi+•tin.?.n.x. +[1 ++f Sale remain unchar BuI'I• 11UYE BUYER S 1:1.1.1... SI':1.1.ER fil:i.l.l?.lt ?? . TF { DATE : S ) G ----- I,nrr.: ---- --- -- _ DATV DA'n., curl )clGll 11'FIVNJI I,IAhIAA,lSu('lAI IUS 1)l' Ith.•II.IU111"?:uot "10 PROPERTY SELLER BUYER DATE OF AGREEMENT 1. SELLER'S DISCLOSURE Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or about the Property, unless checked below. 0 Seller has knowlcdlgc o1' the presence of Icad-based paint and/or lead-based paint hazards in or about the Property. (Provide the basis for determining that Icad-based paint and/or hazards exist. the location(s), the condition of the painted surfaces, and other available infonna- tion concerning Seller's knowledge of the presence of Icad-based paint and/or lead-based paint hazards.) 2. SELLER'S RECORDS/REPORT'S Seller has no records or reports pertaining to lead-based paint and/or lead-based paint hazards in or about the property, unless checked below. ? Seller has provided Buyer with all available records and reports regarding lead-based paint and/or Icad-based paint hazards in or about the Property. (List documents): 3. IiUl'ER'S ACKN01Vl,EDCMENT Buyer has received the pamphlet 1'r'r_1ec1 Yrno• Fcundr /irrni Lc'm1 _h Yuur• /tonic and has read the Lead Warning Statement on the front of this form. Buyer has reviewed Seller's disclosure of known lead-based paint and/or Icad-based paint hazards in paragraph I and has received the records and reports regarding lead-based paint and/or Icad-based paint hazards identified in paragraph 2. 4. LEAD-BASED PAINT ASSESSMENT/INSPECTION CONTINGENCY Bu%-cr acknowledges that before Buyer is obligated to buy a residential dwelling built belore 1978, Buyer has 10 DA`r'S (unless otherwise nego- tiated) to conduct a risk assessment and/or inspcd (ion of the Property for the presence of lead-based paint and. or lead-based paint hazards. WAiVF.D. Buyer understands that Buyer has the right to conduct a risk assessment and/or inspection ofthe Property to determine the pres- ence of Icnd-based paint andior Icad-based paint hazards. BUYER WAIVES THIS RIGHT and agrees to the terms of the RELEASE para- graph of this Agreement. ? ELECTED. Contingency Period: 10 days from the Execution Date of this Agreement. (A) Within the Contingency Period, Buyer, at Buyer's expense, may choose to obtain a risk assessment and/or inspection of the Property for lead-based paint and/or Icad-based paint hazards. (B) Within the Contingency Period, Buyer may deliver to Seller a written list ofthe specific hazardous conditions cited in the report and those corrections requested by Buyer, along with a copy of the risk assessment and/or inspection report. (C) Seller may, within 7 DAYS of receiving the list and report(s), submit a Written Corrective Proposal (" Proposal") to Buvcr. 'i he Proposal will include, but not be limited to, the corrections to be perlionned, the name of the remediation company and a projected completion date for conective measures. Seller will provide certification from a risk assessor or inspector that corrective measures have been satisfactorily completed on or beforc the projected cornplction date. (D) If Scher submits a Proposal, Buyer will, within 5 DAYS: 1. Accept the Proposal and 'tile Property in writing, and agree to the terms ofthe RELEASE- paragraph ofthis Agreement, OiZ _'. Terminate this Agreement by written notice to SOIcr, with all deposit monics returned to Buyer according to the terns of the TER- N•IINATiON & RF.TUIZN OF DEPOSITS paragraph of this Agreement. (F) If Seller does not submit a Proposal within the tulle set forth in paragraph (C) above, Buyer will, within _ 5 DAYS: 1. Accept the Property in writing, Willi the information stated in the report(s) and agree to the terms of the RELEASE paragraph of this agreement. OR ?. Terminate this Agrcenwnt by written notice to Seller, with all deposit monies returned to Buyer accordinK to the terms ofthe TER- i IIN/VI-ION & RETURis! OF DEPOSITS paragraph of this Agreement. HAW yer fails to exercise any of Buyer's options or to terminate this Agreement within any of the time periods stated in this para- graph, Buyer will accept the Property and agree to the terms of the RELEASE paragraph of this Agreement. 5. BROKERS'/LICENSEES' CERTIFICATIONS The undersigned Licensees involved in this transaction, on behalf of themselves and their brokers, certily that their statements are true to the best of their knowledge and belief' . The Licensees involved in this transaction have infilrmed Seller of Seller's obligations under the Residential Lcad-Based Paint I fazard Reduction Act, 42 U.S.C. §4852(4), and are aware oftheir respon- sibility to ensure compliance. 6. BUVER/SELLER CE WFIFiCATiON By signing this Addendum, Buyer ancf Seller certify the accuracy of their respective stgtetngnts, to tale best of their knowledge. t. , WITNESS BUYER ??. DATE WITNESS BUYER.__-_ DATE WITNESS -- BUYER- - DATE ---- WITNESS SELLER _ DATE ; WITNESS -SELLER DATE _ WITNESS - SELLER DATE - BROKER FOR SELLER (Company Name) ACCEPTED BY BROKER FOR BUYER.(Co"any,,.??Name) ACCEPTED BY DATE LPA Page 2 of 2 ? r1 ti? '???A S?s Iz 4!/ J f 1 G; \ ?l S i\? mss- _ I c.- c -z o? ?c e , R J? Conventional Buyer's Cost Estimate for The following data is for information purposes only and accuracy of the figures hereinafter set forth is not guaranteed. The actual costs with respect to each transaction will vary depending upon the circumstances. Purchase Price Loan Amount (Fixed) Includes Upfront MIP Estimated Interest Rate Term of Loan Loan Origination Fee Points Paid by Buyer Appraisal Fee Credit Fee Tax Service Fee Title Insurance/Endorsements Document Preperation Fee Recording Fee State Transfer Tax (half share) Notary Fee Transaction Fee Property Inspection Radon Testing Wood Infestation Inspection Septic Certification Private Water Testing Location Survey Flood Certification Total Estimated Closing Costs Estimated Closing Costs Estimated Prepaid Expenses Prepaid Interest (6 days) Hazard Insurance Reserves (14 mo.) Property Tax Reserves (12 mo.) Mortgage Insurance Reserves (2 mo.) Total Estimated Prepaid Expenses Estimated Total Costs Total Closing Costs and Prepaid Expenses Plus Down Payment Less Closing Costs Paid by Seller Less Deposit Estimated Cash Required Monthly Principal & Interest Monthly Property Taxes Monthly Ha zard insurance Monthly Mortgage Insurance Other Monthly Payments Estimated Total Monthly Payment C? J Estimated Monthly Payment $370,000.00 $314,500.00 9.500% 30 years $0.00 $0.00 $500.00 $40.00 $95.00 $2,358.75 $250.00 $105.00 $3,700.00 $30.00 $0.00 $500.00 $0.00 $55.00 $0.00 $0.00 $0.00 $25.00 $7,658.75 $491.14 $4,200.00 $5,420.00 $0.00 $10,111.14 $17,769.89 $55,500.00 $0.00 $1,000.00 $72,269.89 $2,644.49 $451.67 $300.00 $0.00 $0.00 $3,396.15 TANISHA A GRANDBERRY 1183 323 40th St. COPIAGUE, NY 11726 ( ? ? 50-786M14 516.623-3407 _- - /? l'rnl r., - ?l c ------- ------? $ /? c2? AXVNASSAU FINANCIAL" r CIIEC-KINGr1.US FFDF:RAI. CREDIT UNION / l 1115F n In a Plea. Gv ej City. NY 115. I , 1: 2 2 14 7 6 6881:0000 2000 7 2 1 2 3 1," l 18 3 < rera r. J THE ABOVE AMOUNTS ARE ESTIMATES AND DO NOT INCLUDE FEES FOR CERTIFICATION AND/OR INSPECTIONS REQUIRED UNDER THE AGREEMENT WITH EACH PROPERTY AND/OR MORTGAGE LENDER. FUNDS REQUIRED TO COMPLETE CLOSING MUST BE BY CASH OR CERTIFIED CHECK. DEPOSIT MONEY: NOTICE TO THE BUYER (S) ,,.j,... 41 j, 6.77 1. The Selling Broker is r ? j,/?(;z., and will accept your sales deposit for the transfer to the Listing Broker, fez' fr%?,s /_. °LT9 who is Agent for Seller. 2. The Agent for the Seller is a4ennsylvania licensed real estate broker who is required to hold your sales deposit in escrow. 3. If your deposit is in the form of a check, it is to be made payable to the Agent for the Seller 4. The undersigned acknowledges receipt of this notice prior to signing the Agreement of Sale. I/We hereby acknowledge receipt of a copy of this Statement of Estimated Buyer's Settlement Costs, Estimate of Monthly Payments, and Depositi oney Noti a I y approve the information contained herein. jj y WITNES ?c ?11 L BUYER/ L'G ATE: -1 ?Ic WITNESS: BUYER: _ DATE: HOME PROTECTION PLAN WAIVER I/We hereby acknowledge that the Selling Broker has informed me/us of the cost and benefits of having the mechanical/electrical/plumbing components of the above premises warranted for one year from date of purchase. I hereby decline such coverage and agree to hold harmless the Listing and Selling Real Estate Brokers and their agents in the event of subsequent mechanical defects, malfunctions or failures which would otherwise have been covered. yer I itials Buyer Initials The Selling Broker informs the Buyer(s) of the advisablitiy of, and their right to order inspections on this property for wood infestation, plumbing, onsite sewage systems, heading, electrical, structural, roof and any others even though inspection may not be required by the lender; and that the Selling Broker or any of his/her agents cannot be held liable for any defects that would have been detected or warranted by such inspection. (Vou uyer Initials Buyer Initials Received From '? lZ'Gf Agent for Buyer 1)c,i?natcJ \gullc\: In Jr,i_n,IlCtl JLTDil. II1e en1111tnin;2 hn)ker mm. \\Ith Vlwr con,cnl. di.i_nalc t)rle ill none licen"ec" holn the real e,lale L'M1Il1;tn tc+ rcpic,cnt \•oil. OIIIct Iicen,CC, in the etonlrut?' nl;l) ICI)rc,cnt ;uu)dlcr lmn\ :111d .hall lim Ile I l-o\ ided \\ ill) .111\ itrllti.. LIC1111:11 nttOllilaliun. file de,iu,n;IlcJ a_enlu,t ,hall 1111\c the dulic, ;t: Il,tcd aho,tc undir ,rIICr a1_rni\ :Ind llmcl aerni\. Ill dr,iNn;llcd a_cni \. ll)e cnll,im ink-, Milker \\ ill hr ;t dual a_ent and h;t\c the ;ulditilmal dude, ol: ` • lal i1\;• rc;nunahlc cme t1+ Irn+IcCI a1\\ itullulinli;ll infollumioll di,Clo,ed to the licence. 'Lakin, re,l)tm,ihllil\' to JnCCt and NIIpcr\i,c the hu,inc„ :ICtivilic, 1\t the Ii1 Cn,ce, \\ht) rel)IL,t•nl the ,Chet ;11111 hu\il I\il tut.in 11.1 :1?tiun th,It i> 1111N%:I lC VI \ I C n i l) 1 C 1, I.11 Iu ri I I I C I h;u t1 , inlerr,t in ILK 11:111„IL 111111. 111 dc,I_II;Ititnl nt.l\ 1c1ke pl.tic m the time Illat the Irntic, cntcr ill(o I \\rirtcn a_rictncnl. hill lllal nrillr ;tl :I I.Itir time. hi ?::WLllr„ 1\l' tt hen the Ji,i; n:tti+ln Like, plain. the intl,lm in- 11rukir i, It',tu,n,ibic Iul cnstimi, th.It iunl'itknti.ll i111011nali,ln I, flul 111,i1t+,eJ. .:'.111,;11'111111 LlCell,ee: \ Ir;u1"dk:6un licin,cc i, :1 Nokcr t)r ,alr,llct-Non \\hu rrn\idc, ctun11nulic:ttiun t11 doCtIlllelll I)rel\araliMI ,CI\iie, to l+ctlinnl, fuller 11-r Mitch a 11000NC i, rcquucli 1 IT11110V • harng the ilgcnl or advocate 1111 culler the ,illit;LnIJ111rJ 1+r tll 11u\:1; Icn:nll. ('1\1111 ,I_mn, a urulcn a,_Ircnlrnl ur di,cll+,urc ,Imc11)cnt. a 11;111,ailinn IIle111Ce ha, Ill, addillilnal tlut\ 01 IIIniIrJ C111111- ,Icntl,llil\ lit Ilt.ti [Ili, 1t11Itn\rll_ lilt tuntatloll 111.1\ 11111 be dl,Clo,cd: TIIL' ,eIICI/l;tltdlord will wC cpl ;I ImL:e lc,,, ill Ili the a,kin?/li,li11_ I\riie -1 Ile hu\crllcrlarll \\ ill 1\cl\ a lithe .'rr;ltcr 111.11t the pi it. C \uhnlilled in a \\litter utter. -1 11c ,Chet/lillidlOld 0r hu\C111Cn;utt \\ ill a_rcc it, 1111;111, lilt-, Icrnt, llthcr Ih.In those rllcretl. ( )II I Cr IIIIuIlil;lUt+fl llel'111CJ ioltlidCl111a1 1`\ dlc ioll,lllllt'1' ?I1;111 not hi lwo,,iJcd it) [lie 11.111,.letlt+ll Illell,e- c) I 1 il:It 1\hOIL?1:1"1'IO?i ,113OLI'I Ftl::,L ESTATE TRANSACTIONS i II?• I.II11+\\ Itl_ ;1rC llt'LI)IGlhie ;IIIJ ,11:111 hi ;IIIIIre„etI IIl itll ;1?_'rCCI11e111/lll,eltt,llri ,1:11CI11L'lll 1\ IIII Illi IliCll,t.'C: The dur;uioll cif, the emI)lovillcnt. li,tinr a_recmint ol* cunll;lt t. Tlic fee, or conuni"ion,. l'Ilc "Cope of the acli\•ilic, 01 practice,. -I"hc hnikcr', COOperatitul \\ ill) c+thcr hrllkCr,. inclllJIMU file ,haring l1t lcc,. \n , ,.Ile, a, rietucnt tntl,( Crlnlain the /ollim1 cl;,"il icalit)n t11 a l)rnhcrt) except in rt,c, a here the pn,l)crn k n)ncd ,t)lil\ t,r prinuu il\ + l\irntif ,ilwdc himil\ d\\cllirt 1.. \ I?•-:.I ?,r; l Iz_ Fund :MV ilirn,ce 11\\ i1\_ n) baud. nli,reprc,crium )n. or deceit lit a re;tl c,talc tntn,action and \Vho ha, hccn u'n;i`hle'to collect the jud.ament?al(tcr ,h:nl .ting all Ic_aI anti equitable retncdie,. For complete det;til, ahout the fund. Call (717) 783-3658. ACKNONVLEDGM1II:NT I ackllm%ledge drat I have received this disclosure. Oate: (Consumer) Signed (Consumer) Address toptional) Address loptional) Phone Number (optional) Phone Number (optional) ccrtilj' that 1 I ave provided this document to the Ve consumer. j ` Print q cl;L_ Signed (Licensee) Adopted by the State Real Estate Commis.\ion at 49 Pa. Code §35.336. COOPERATING BROKER COMPENSATION AGREEMENT CBC (NOT TO BE USED AS ADDENDUM TO AGREEMENT OF SALE) 1 Any change in the cooperating broker compensation identified below must be agreed upon prior to the submission of any 2 terms or written offers to purchase the Property. 3 PROPER' BUYER s SELLER F Listing Broker (Company Name):_ ?T "';e uye Selling Broker (Company Name): 6,0,1 ?ji ? ,21 /?i ? lGr1 is the e 0 Buyer Agent ? Transaction Licensee working with Buyer ? Subagent for Seller @?-- e / ffer of compensation, C ' of Purchase Price, is accepted; 10 OR 11 ? Listing Broker's offer of conipensatiohi s; modified and Listing Broker agrees to pay to Selling Broker of 12 Purchase Price. 11 } 13 LISTING BROKER (Company % .7 1a ACCEPTED BY DATE t 15 SELLING BROKER (Co N e) 16 ACCEPTED BY ATE ® Pennsylvania Association of COPYRIGHT PENNSYLVANIA ASSOCIATI N OF R ORSN 2004 REALTORS® W04 nfaucxr+ nr we. b, N.r E.ee.? ti rn.r„..Y. _? ?J l INSTALLMENT NOTE $25,500.00 City Harrisburg • State Pennsylvania Date 6 q1'90)-'(Yr•) FOR VALUE RECEIVED, the undersigned Tanisha A. Grandberry promises to pay to the order of Laurie Elliott, the principal sum of twenty five thousand and five hundred dollars, $25,500, and interest on the unpaid principal balance from the date of this Note, until paid, at the rate of five percent per annum. Principal and interest shall be payable to Laurie Elliott, at P.O Box 1432, Camp Hill, PA 17001, or such other place as the Note holder may designate, in consecutive monthly installments of two hundred seventy dollars and forty seven cents ($ 270.47) on the first day of each month beginning June, 2007. Such monthly installments shall continue until entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on May 1, 2009. This payment will consist of a balloon payment of twenty one thousand, four hundred, sixty and nineteen cents ($21,460.19). If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder. The date specified shall not be less than thirty (30) days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by borrower regardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to, reasonable attorney fees. Borrower shall pay to the Note holder a late charge of five percent (5%) of any monthly installment not received by the Note holder within ten (10) days after the installment is due. Borrower may prepay the principal amount outstanding, in whole or in part, at anytime, and without penalty. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors, and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors, and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower or to such other address as Borrower may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. This indebtedness evidenced by this Note is secured by a Deed of Trust or Mortgage on the property known as 230-232 Woodbine Street Harrisbur PA 17110, dated April 27, 2007, and reference is made to the Deed of Trust or Mortgage for rights as to acceleration of the indebtedness evidenced by this Note. Note Holder reserves the right to sell this Not at any time, for any reason, giving 30 days notice to Borrower. r Borrower: Tanisha A. Grandberry 244 Fifth Avenue Suite T213 New York, New York 10001 Lender: L 'e Elliott 0. Box 1432 Camp Hill, PA 17001 NOTARIAL SEAL BARBARA L TOME Notwy PuWc CAMPFLLBOROUGH.CUMBi XAMCOtW My COrtM UdOn ER*05 Nov 4.2009 A ? n Wi e s' /V/-?- 17C?a 0---) ILL copy MATEYA LAW FIRM A PROFESSIONAL CORPORATION P.O. Box 127 Boiling Springs, Pa 17007 Phone: 717-241-6500 Fax 717-241-3099 www.mateyalaw.com September 17, 2007 Tanisha A. Grandberry 244 Fifth Avenue, Suite T213 New York, New York 10001 Re: DEMAND OF PAYMENT IN FULL FILE NO. 07-78931 Laurie Elliott - DEFAULT on Financial Note Dear Ms. Grandberry, I represent Laurie Elliott. I am writing to collect on the Financial Note payable from you to Ms. Elliott, executed by you on April 27, 2007. You are in default of that note. Presently the amount due is twenty-six thousand, four hundred forty-two dollars and forty-seven cents ($26, 442.47). Demand is hereby made of the entire principal and interest due. Payment in certified funds is hereby demanded. Our office will file a breach of contract action against you in Cumberland County, Pennsylvania, if I have not been contacted by you or your counsel with payment arrangements by COB on Wednesday, September 26, 2007. Please contact me if you have any additional questions. I may be reached at (717) 241- 6500 or by e-mail at mamgmateyalaw.com. Sincerely, MAM/aa Enclosure cc: Laurie Elliott Mark A. Mateya, Esq. mam@mateyalaw.com Leave a Legacy "V C W W p n y- LrP N CC3 ? ? f.w c:l 13 4 LAURIE A. ELLIOTT, Plaintiff VS. TANISHA A. GRANDBERRY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5974 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE AND NOW, this 7th day of November, 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Breach of Contract was filed to the above term and number on October 10, 2007. 2. On October 12, 2007, a certified copy of the Complaint was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On October 12, 2007, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" C and is incorporated herein by reference. 44 4. As of the date of this filing, the signed Return Receipt for the Certified Mail has not been returned to Plaintiff's counsel nor has the U.S. First Class Postage Pre-Paid envelope been returned to Plaintiffs counsel. Respectfully submitted, 4. ?? - Mark A. Mateya, squire Attorney I.D. No. 78931 P.O. BOX 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff a CERTIFIED MAILT. RECEIPT (Domestic Mail Only; No Insurance Coverage Providec M rLi Postage .-4V. $ I -r C3 Certified Fee $2 • E 5 0 M (Endorsement = ,Fee $2.1 ? ;• C3 O Restricted Delivery Fee (Endorsement Required) x•4.111 - C." ? - ' M Total Postage B Fees $ $i. Cl. 'u 0/12/2007 M C3 N fslA ? : .3iiW i KAY ?e?l ----------------- -- t. Box,Noo ?q ` or PO - F-, P-,PAlm - 5TE ?a 13 ? oQ .... Xy.__... two l w PS Form :3800, June 200 2 U. S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ?"Y) 47 OVA ?-Aw r-1AM _Bo?LIA) G 5PRI?u?S rm ),IoO ne piece of ordinary mail addressed to: V 1:5 A A ekA.W?_BF-k k A44 6P-r4 Ay6 15 AJ o A I W V OPW A J OOO( PS Form 3817. Mar. 1 989 a w vi Lo Lo z r• cn a=im. CA cat- onam •z ?. d•?fAimAI:3 <L ._' _'0 W .-? F- < ?1r J ci 77 Mm w a} o? xa Ja r- co i ) cn LAURIE A. ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5974 TANISHA A. GRANDBERRY, Defendant : CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Enter judgment in favor of Plaintiff and against the Defendant above named for failure to file within the required time an Answer to the complaint in the above-captioned case, and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $ 26,442.47 Costs and Legal Fees 878.50 Total $ 27,320.97 It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A and B attached. By Mark A. M a, Esquire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax DATED: Judgment entered and damages assessed as above. Attorney for Plaintiff Prothonotary MATEYA LAW FIRM A PROFESSIONAL CORPORATION P.O. Box 127 Boiling Springs, Pa 17007 Phone 717-241-6500 Fax 717-241-3099 www.mateyalaw.com A November 7, 2007 Tanisha A. Grandberry 244 Fifth Ave Ste T 213 New York NY 10001 Re: Elliott v. Grandberry Civil Action No. 07-5974 Dear Ms. Grandberry, In accordance with Pennsylvania Rules of Civil Procedure 237. 1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount as set forth in said Complaint. Sincerely, A Mark A. Mateya, Esq. MAM/aa Enclosure LAURIE A. ELLIOTT, Plaintiff VS. TANISHA A. GRANDBERRY, Defendant TO: Tanisha A. GrandbeM , Defendant(s) DATE OF NOTICE: November 7, 2007 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN PENNSYLVANIA : NO. 07-5974 : CIVIL ACTION - LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION S TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 AVISO IMPORTANTE A: Tanisha A. Grandberrv , Defendido FECHA DEL AVISO: November 7, 2007 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARENCENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TNNER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA DOCUMENTO A SU ABOGADO INMEDIATEMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 tx"1 P ? { d 2 Oii LOOZ t I UN/TED STATES POSTAL SERVICE,,, Home I Help Track &Conflrm Track & Confirm Search Results Label/Receipt Number: 7003 0500 0004 2325 9086 i rL?r 8t c?rtt€trn Status: Delivered Enter Label/ Your item was delivered at 12:38 PM on November 13, 2007 in NEW ! YORK, NY 10001. _., Addidwaf tlsW[$> ) 'Ratan to USP&sau Home > Not fication Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 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