HomeMy WebLinkAbout03-5943JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
No.: o3- 5943
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW.
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 BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
PHONE: 717.249.3166
SAIDIS
SNUFF, FLOWER SAIDIS SHUFF FLO & LINDSAY
LINDSAY
r
H
LAW
LAW
26 W.
High gh St
W. reet
Carlisle, PA Date: I
I! d By;
Kirk S. Sohonage, Esquire
Attorney I.D. #77851
26 West High Street
Carlisle, Pennsylvania 17013
Phone: 717.243.6222
Attorney for Plaintiff
JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No.: A3 - 593
V.
Civil Action -Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
COMPLAINT
AND NOW, comes the Plaintiff, Justin Squires, by and through his undersigned
attorneys, Saidis, Shuff, Flower & Lindsay, and files the within Complaint in Civil Action
averring as follows:
In this civil action, Plaintiff, Justin Squires, ("Squires") seeks to recover
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS•AT•LAW
26 W. High Street
Carlisle, PA
substantial damages he has sustained as a result of various intentional and malicious
fraudulent misrepresentations and violations of the Pennsylvania Unfair Trade Practices
and Consumer Protection Law on the part of the Defendants in connection with Squires'
purchase of a residential dwelling in Cumberland County, Pennsylvania. Subsequent to
purchasing the property, Squires discovered that the house he purchased had substantial
aesthetic and structural damage as a result of severe and prolonged water damage. But for
the deliberate and malicious misrepresentations and other acts on the part of the
Defendants, Squires would not have purchased the house or would have purchased it at a
lower price and would not have sustained the extensive damages that he has.
PARTIES
Plaintiff, Justin Squires, is now an adult individual with his principal
residence at 327 "F" Street, Carlisle, Pennsylvania 17013.
Defendants, Daniel C. Bier and Stephanie M. Bier, his wife, (hereinafter
"Defendants"), are adult individuals, with a last known address of 760 Bumthouse Road,
Carlisle, Pennsylvania 17013.
Venue in the Cumberland County Court of Common Pleas is proper and
appropriate pursuant to Pa.R.C.P. 1006.
FACTS
On October 31, 2002, Squires purchased his current residence (the
"Property") from the Defendants for the amount Seventy-Three Thousand Five Hundred
($73,500) Dollars.
6. Prior to the purchase, Defendants provided Squires a Seller's
Property Disclosure Report, a copy of which is attached hereto as Exhibit 1, in which the
Defendants failed to disclose and denied knowledge of any past or present problems with
the foundation of the Property, including any concealed damage or damage not
immediately visible.
SAIDIS 7. In the Seller's Property Disclosure Report, a copy of which is attached
SHUFF, FLOWER
& LINDSAY hereto as Exhibit 1, the Defendants also failed to disclose and denied knowledge of any
ATrORNEYS•AT•LAW
26 W. High Street
Carlisle, PA past or present problems with drainage and flooding of the Property, including any
concealed damage or damage not immediately visible.
2
8. Defendants acknowledged to Squires in writing that they possessed no
knowledge of any damage or defect to the Property and that there was no structural or
foundation damage.
9. Subsequently, Squires began to notice the accumulation of water in the
corners of the room adjacent to the kitchen (the "Addition"), which the Defendants had
enclosed and constructed in 2000.
10. Squires also began to notice a general dampness across the whole of the
carpeted area in the Addition.
11. Upon further inspection, which included tearing up the rug in the corners of
the room, Squires discovered extensive cracking of the concrete slab foundation in the
Addition, as well as evidence that the Defendants had previously attempted to remedy the
cracked foundation with caulking and concrete patching.
12. The accumulation of water that seeped in through the cracked foundation
spread across the floor of the Addition, creating rotting areas in the framing of the walls
and mildew, which has also affected the main house framing and floor joists.
13. Prior to the signing of the agreement, the Defendants failed to provide
to Squires any information concerning the cracked foundation or water problem in the
Addition.
SAIDIS 14. Defendants also failed to disclose to Squires information about their
SHUFF, FLOWER
& LINDSAY previous attempts to remedy the cracked foundation and water problems in the Addition.
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA 15. At no time did Defendants ever provide to Squires any information
concerning the cracked foundation or water problems in the Addition.
16. Squires had agreed to purchase the Property within $2,000 of the
Defendants' original asking price.
17. Defendants misrepresented the condition of the foundation and water leaks
to the Plaintiff.
18. Defendants misrepresented to the Plaintiff the soundness of the foundation
and structure.
19. Defendants possessed knowledge that the foundation of the Property
had a defect in that it was cracked and leaked water.
20. Defendants had knowledge that they had previously attempted to remedy
the defect by caulking and/or adding concrete patching to the cracks in the foundation and
failed to disclose the same to Squires.
21. Had the Defendants provided information to Squires regarding the
defects and their attempts to remedy the same, Squires would not have purchased the
Property or alternatively would have renegotiated the purchase price.
22. In reliance upon the Defendants' misrepresentations, Squires did not request
a reduced purchase price to reflect the true extent of the defects.
23. In reliance upon the Defendants' misrepresentations, Squires waived his
right to seek a home inspection of the Property.
24. In reliance upon the Defendants' misrepresentations, Squires purchased the
Property under the assumption that the foundation did not possess any defects.
SAIDIS 25. In reliance upon the Defendants' misrepresentations, Squires
SHUFF, FLOWER
& LINDSAY proceeded to settlement and purchased the Property on October 31, 2002.
ATTORMYS•AT•I.AW
26 W. High Street
Carlisle, PA 26. Since October 31, 2002, the defects in the foundation of the Property as
well as the water damage and mildew have continually worsened.
27. The nature and extent of the damage to the Property is so severe as to
require complete renovation of the affected area.
4
28. As a direct and result of the substantial damage to the Property, damage that
had not been disclosed to him, and which the Defendants had specifically misrepresented
did not exist, Squires incurred and will continue to incur substantial costs and expenses in
connection with repairing the catastrophic damage to the Property; including, without
limitation, the following:
a. replacing framing of the walls;
b. remedying the cracks in the foundation;
C. replacing drywall, insulation, wall studs and exterior covering;
d. replacing sub flooring;
e. extensive work on the foundation;
f. replacing the carpeting and padding; and
g. other substantial costs and expenses.
COUNTI
INTENTIONAL MISREPRESENTATION (FRAUD)
29. Paragraphs One (1) through Twenty-Eight (28) are incorporated herein as if
fully set forth.
30. The elements of intentional misrepresentation are: representation must
SAIDIS be made that is material to the transaction at hand, the representation must be made falsely
SHUFF, FLOWER
& LINDSAY with the knowledge of its falsity or recklessness as to whether it is true or false, the
AnURKYS•AMAW
26 W. High Street
Carlisle, PA representation must be made with intent of misleading another into relying on it, the
plaintiff must justifiably rely on the misrepresentation, and the resulting injury must be
proximately caused by reliance. Bortz v. Noon, 729 A.2d 555, 560 (Pa. 1999).
31. Defendants made representations to Squires regarding the soundness of
5
foundation of the Property.
32. Defendants' representations were material to the transaction of Squires
purchasing the Property.
33. Defendants' representations were made falsely with knowledge of the
falsity or recklessness as to whether such representations were true or false.
34. Defendants made said representations with the intent of misleading Squires
into relying on the same.
35. Squires justifiably relied upon Defendants' representations.
36. As a direct and proximate cause of the Defendants' conduct, Squires
incurred substantial damages in the amount of $18,766.00.
WHEREFORE, based upon the Defendants' intentional misrepresentation,
Squires respectfully requests this court to enter judgment against the Defendants for actual
damages, punitive damages and restitution in the amount of $18,766, plus attorney fees,
interests and costs of prosecution.
COUNT II
NEGLIGENT MISREPRESENTATION
37. Paragraphs One (1) through Thirty-Six (36) are incorporated herein as if
SAIDIS fully set forth.
SNUFF, FLOWER
& LINDSAY 38. The elements of negligent misrepresentation are: a misrepresentation of a
ATTORNEVS•AMAW
26 W. High Street
Carlisle, PA material fact, made under circumstances in which the misrepresenter ought to know its
falsity, with an intent to induce another to act on it, and which results in injury to a party
acting in justifiable reliance on the misrepresentation. Heritage Survevors & Eng'r Inc.,
801 A.2d 1248, 1252 (Pa.Super.Ct. 2002).
6
39. Defendants made representations regarding the soundness of the foundation
of the Property.
40. Defendants' representations were material to the transaction of Squires
purchasing the Property.
41. Defendants' representations were made under circumstance in which they
ought to have known of their falsity.
42. Defendants made said misrepresentations with the intent of inducing
Squires to act or rely on the same.
43. Squires justifiably relied upon Defendants' misrepresentation.
44. As a direct and proximate result of the Defendants' misrepresentations,
Squires incurred substantial damages in the amount of $18,766.00.
WHEREFORE, based upon the Defendants' negligent misrepresentation, Squires
respectfully requests this court to enter judgment against the Defendants for actual
damages, punitive damages and restitution in the amount of $18,766, plus attorney fees,
interests and costs of prosecution.
COUNT III
INTENTIONAL NONDISCLOSURE
SAIDIS 45. Paragraphs One (1) through Forty-Four (44) are incorporated herein as if
SHUFF, FLOWER
& LINDSAY fully set forth.
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA 46. The elements of intentional nondisclosure are: the defendant must conceal
a material fact, the representation must be made falsely with either the knowledge of its
falsity or recklessness as to whether it is true or false, the representations must be made
with the intent of misleading one to rely on it, plaintiff must justifiably rely on the
misrepresentations, plaintiff s injury must be proximately caused by reliance on the
defendant's representations. Bortz v. Noon, 729 A.2d at 561.
47. Defendants concealed a material fact concerning the foundation of the
Property.
48. Defendants' representations were made falsely with knowledge of the
falsity or recklessness as to whether such representations were true or false.
49. Defendants' misrepresentations were made with the intent of misleading
Squires to rely on the same.
50. Squires justifiably relied on Defendants' misrepresentations.
51. Squire's injury was proximately caused by his reliance on Defendants'
representations.
WHEREFORE, based upon the Defendants' intentional nondisclosure, Squires
respectfully requests this court to enter judgment against the Defendants for actual
damages, punitive damages and restitution in the amount of $16,800, plus attorney fees,
interests and costs of prosecution.
COUNT IV
VIOLATION OF THE UNFAIR TRADE PRACTICES
AND CONSUMER PROTECTION LAW,
SAIDIS
SHUFE FLOWER
& LINDSAY
ATrORMYS-AT-LAW
26 W. High Street
Carlisle, PA
52. Paragraphs One (1) through Fifty-One (51) are incorporated herein as if
fully set forth.
53. Seventy-Three (73) Pennsylvania Statutes, Section 201-2(4)(v) sets forth
that representing that goods or services have certain approval, characteristics or uses or
benefits that they do not have is an unfair or deceptive act or practice.
8
54. Defendants fraudulently misrepresented to Squires that the Addition had a
sound foundation.
55. Defendants fraudulently misrepresented to Squires that they were unaware
of any defect: or damage to the foundation of the Addition.
56. Defendants fraudulently misrepresented to Squires that no structural
damage existed with regard to the Addition.
57. Defendants intentionally and maliciously concealed evidence of a cracked
foundation in the Addition, which caused the accumulation of water, and structural damage
caused by the same.
58. Defendants engaged in other fraudulent conduct that created a likelihood of
confusion or misunderstanding.
59. While the Defendants represented to Squires that the foundation of the
Addition had a sound foundation, the subsequent discoveries by Squires revealed the
foundation was not sound, that it was cracked and that it leaked water, which ultimately led
to mold and affected the walls and structure of the house.
60. Defendants knew that the foundation of the Addition was cracked,
knew that the foundation leaked water, had attempted to remedy the cracks by adding
caulking and concrete cement all to no avail, yet still conveyed contrary information to
SAIDIS Squires in a manner that created a misunderstanding.
SHUFF, FLOWER
& LINDSAY 61. Defendant's conduct resulted in Squires believing that no defects existed in
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA the Property and therefore Squires did not seek a reduction in the purchase price of the
property or immediate repair of the defect prior to purchase.
JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
No.:
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
CERTIFICATE OF SERVICE
On this L day of N&Ar lr-2003, I, Kirk S. Sohonage, Esquire, hereby certify
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
that I served a true and correct copy of the foregoing COMPLAINT via service by the
Cumberland County Sheriff's Department addressed as follows:
Daniel C. Bier and Stephanie M. Bier
760 Burnthouse Road
Carlisle, Pennsylvania 17013
SAIDIS, SHUFF,
By: /
Kirk S ISo or
& LINDSAY
\ .t 41
^
\
S CIO
I)
Q\
Q
(V
h
JUSTIN SQUIRES, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 03MCIVIL TERM
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants : JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Justin Squires and Kirk S. Sohonage, Esquire, his attorney
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days of service hereof or a judgment may be entered against you.
HANFT & KNIGHT, P.C.
By: - ?!
William Killams
Attorney I.D. No. 06265
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendants
Date: November 20, 2003
F.\U-1 F.I&ITiem Does\WAA28812\ nswm.wpd
JUSTIN SQUIRES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants
NO. 03-5493 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER
AND NOW, come the Defendants, Daniel C. Bier and Stephanie M. Bier, by their attorneys,
Hanft & Knight, P.C., and make the following Answer to the Plaintiff s Complaint:
I • Denied. The answers to the following paragraphs are incorporated herein by
reference.
2-5• Admitted.
6. The Disclosure Statement is admitted. The Defendants specifically deny having any
knowledge of problems with the foundation of the property, drainage and flooding, or defect to the
property relevant to this action. By way of further answer and defense, the Defendants filled and
smoothed the contour of a preexisting crack in the concrete floor which was necessary prior to
installing carpet and had nothing to do with water seepage or dampness.
7-8• The answer to Paragraph 6 is incorporated herein by reference.
9. After reasonable investigation, the Defendants are without knowledge sufficient to
form a belief as to the truth of the averment. The same is therefore denied.
10-12. The answer to Paragraph 9 is incorporated herein by reference.
13-15. The answer to Paragraph 6 is incorporated herein by reference.
16. Denied. The property was originally listed for $79.,900.
17-25. The answer to Paragraph 6 is incorporated herein by reference.
26. After reasonable investigation, the Defendants are without knowledge sufficient to
form a belief as to the truth of the averments regarding the Plaintiff's alleged damages. The same
are therefore denied.
27-28• The answer to Paragraph 26 is incorporated herein by reference.
COUNTI
29. The answer to Paragraphs 1-28 are incorporated herein by reference.
30. No answer is required.
31. The answer to Paragraph 6 is incorporated herein by reference.
32-35. The conclusions of law are denied.
36. The answer to Paragraph 26 is incorporated herein by reference.
WHEREFORE, the Defendants request Count I be dismissed.
COUNT II
37• The answers to Paragraphs 1-36 are incorporated herein by reference.
38. No answer is required.
39. The answer to Paragraph 6 is incorporated herein by reference.
40-43. The conclusions of law are denied.
44. The answer to Paragraph 26 is incorporated herein by reference.
WHEREFORE, the Defendants request Count II be dismissed.
COUNT III
45. The answers to Paragraphs 1-44 are incorporated herein by reference.
46. No answer is required.
47-51. The conclusions of law are denied.
WHEREFORE, the Defendants request Count III be dismissed.
COUNT IV
52. The answers to Paragraphs 1-51 are incorporated herein by reference.
53. The conclusion of law that the Unfair Trade Practices Act applies to this action is
denied.
54-58. The conclusions of law are denied.
59-61. The answers to Paragraph 6, 9 and 26 are incorporated herein by reference.
WHEREFORE, the Defendants request Count IV be dismissed.
NEW MATTER
By way of further answer and defense, the Defendants set: forth the following in New Matter:
62• The Disclosure Statement begins by stating:
A seller must disclose to a buyer all known material defects
about property being sold that are not readily observable. This
disclosure statement is designed to assist Seller in complying with
disclosure requirements and to assist Buyer in evaluating the property
being considered.
This Statement discloses Seller's knowledge of the condition
of the property as of the date signed by Seller and is not a substitute
for any inspections or warranties that Buyer may wish to obtain. This
Statement is not a warranty of any kind by Seller or a warranty or
representation by any listing real estate broker, any selling real estate
broker, or their licensees. Buyer is encouraged to address concerns
about the conditions of the property that may be included in this
Statement. This Statement does not relieve Seller of the obligation
about the conditions of the property that may not be included in this
Statement. This Statement does not relieve Seller of the obligation
to disclose a material defect that may not be addressed on this form.
A material defect is a problem with the property or any portion of it
that would have a significant adverse impact on the value of the
residential real property or that involves an unreasonable risk to
people on the land.
63. The Plaintiff declined to obtain or request a home inspection.
64. The Plaintiff waived the Property Inspection Contingency in Paragraph 8 of the
Agreement of Sale (attached as Exhibit A) after acknowledging he had the option to request
inspections pursuant to Property Inspection and Environmental notices.
65. The Agreement of Sale in Paragraph 25 states:
RELEASE (1-00) Buyer hereby releases, quit claims and forever
discharges SELLER, ALL BROKERS, their LICENSEES,
EMPLOYEES, and any OFFICER or PARTNER of any one of them
and any other PERSON, FIRM, or CORPORATION who may be
liable by or through them, from any and all claims, losses or demands,
including, but not limited to, personal injuries and property damage
and all of the consequences thereof, whether now known or not,
which may arise from the presence of termites or other wood-boring
insects, radon, lead-based paint hazards, environmental hazards, any
defects in the individual on-lot sewage disposal system or
deficiencies in the on-site water service system, or any defects or
conditions on the Property. This release will survive settlement.
66. The Plaintiff is bound by the release in the Agreement of Sale.
67. The Agreement of Sale in Paragraph 26 REPRESENTATIONS states:
(A) Buyer understands that any representations, claims,
Advertising, promotional activities, brochures or plans of any
kind made by Seller, Brokers, their licensees, employees,
officers, or partners are not a part of this Agreement unless
expressly incorporated or stated in this Agreement.
(B) It is understood that Buyer has inspected the Property
before signing this Agreement (including fixtures and any
personal property specifically scheduled herein), or has
waived the right to do so, and has agreed to purchase it in
its present condition unless otherwise stated in this
Agreement. Buyer acknowledges that Brokers, their
licensees, employees, officers or partners have not made
an independent examination or determination of the
structural soundness of the Property, the age or condition
of the components, environmental conditions, the
permitted uses, or of conditions existing in the locale
where the Property is situated; nor have they made a
inspection of any of the systems contained therein.
(C) It is further understood that this Agreement contains the whole
Agreement between the Seller and Buyer and there are no
other terms, obligations, covenants, representations,
statements or conditions, oral or otherwise of any kind
whatsoever concerning this sale. Furthermore, this
Agreement will not be altered, amended, changed, or
modified except in writing executed by the parties.
68. The Plaintiff completed a pre-settlement walk-through inspection and noted nothing
as not being satisfactory. He signed the form, a copy of which is attached as Exhibit B, which states:
Buyer(s) warrants that they are not relying upon any representation made by
Seller, Agent or Broker, and hereby releases, quit claims, and forever
discharges, Seller(s), Seller(s)' Agents, Subagents, employees, and any
officer or partner or any one of them and any other person, firm, or
corporation, who may be liable by or through them from any and all claims,
losses, or demands, including personal injuries, and all of the consequences
thereof, where now known or not, which may arise due to the condition of the
subject property.
WHEREFORE, the Defendants request that the Complaint be dismissed.
HANFT & KNIGHT, P.C.
William A. Addams
Attorney I.D. No. 06265
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendants
VERIFICATION
Daniel E. Bier and Stephanie M. Bier hereby verify that the facts set forth in the foregoing
Answer are true and correct to the best of their knowledge, information and belief, and understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsifications to authorities.
Daniel E. Bier
S?i?
Steph ie M. Bier
DATE: _ 4 L 19 - 0 3
EXHIBIT A
w STANDA. ACREL:
/' Tnt.rmaacnmme,,,kd,,,d, M1iN'1' 1 Olt THE SALE O
npsved fo., bra ?m rcv"kma m Ox bY:Wc memsrn ofmn Iannaylva,AEA'L ES'PxA3'oxs" A/S-2K
tbr; *•( '-'SE ER' USINE cons,.
BROKER (Company) ' LA IONSHIP WITH PA LICENSED BROK
' A DDRESS ,,.:.,._ . I;. .. PHONE
FAX?-
BROKER IS THE AGENT FOR SELLER: Dedgnatcd Agent(s) for Seller, 1` OR
(f applicable:
Broker is NOT the Agent for Seller and is a/an: ? AGENT FOR B'UYER' '-' 'p TRANSACTION LICENSEE
r.. ,:v:
BUSIN C.RF[.ATrnan......
ADDRESS -- "•"' f
BROKER IS THE AGENT ..: PHONE' ,
OR I/YE coign Led Agml(s) for Buye ,. B applicable:
Broke b NOT the Agent for Buyer and (a a'an: ? AOENT FOR SELLER r
?SUBAGENT FOR SELLER
??ylgprygp
When Ike name Broker kpgen(forSellerandAgenl for Buyer, Broker I. a Dual AgenLAil ON LICENSEE
of Broker's li?xnsces arc also Dual Agents UNLESS
3 I. ereare hises 1{parelegre Designated ant, Agenls dat far Buyerun Seller. If the same Licensee is deal
W gnafed for Seller and Buyer, the Licensee is a Dual AgmtL
p
3 SEL S): O
11 ` .11 11 1-? , is between f
.
4
-
5 BUYER(S): ----
6 r called "Sell,
1
8 1. PROPERTY (1-9B') Seger hereby agrees to sell and convey to Buyer, who hereby agrees to purchase
THAT C A called "B
ALL ? or piece of and
10 I buildin and im rovements thereon erected, if arty, known as;
it
12 - County of in the
of-
13 IdenUli4aBon
In the Conmonwe th of Pennsylva
lag., Tax ID #; Pareel #; Lat, Black; Deed Book, pa R
B Data) nia, Zip Code
11 ,re. erordin
15 7. TERMS (1.02) ? -------
(A) Purchase Price
13 y- Ado
s-a.a-vu?a? v1 t ti, 1?
is
hidt wlll be p d to Sell b B
19 1. Cash or check at s( ' Y Y follows, _ ?_ U.S. Dt
20 2. Cash or check within rs Agreemcm:
21 3. days of the execution of this Agreement: I?
--- 9;
_ 22 4. Cash, cashier's or certified check at time of settlement: 5
23 24 (B) Deposits paid on account of purchase price to be h d by Broker for Seller, unless otherwiseTOT
IS ed here:
25.. (C) SeJim'a written up
21 proval to e o or before: --
(D) Seuleme t m be
28 (E) Conveys, _.e chin Seller will be by fee simple deed of special nr before if Buyer and Seller all
30 warranty unless otherwise stated here:
29
(F) Payment of transfer taxes will be divided equally between Buyer
31 and Seller unless otherwise anted here.---
32 (G) At dme of settlement, the following will be ad3justed ro- ---
33 ' (see Information Regarding ) P rata on a daily basis between Buyer and Seller, reimbursing wh- ere applicable, s;
34 T. Proration ;rents; interest on mortgage assumptions; condominium fees and homeowner association fees
any; water and/or sewer fees; if any. together with any other lienable municipal service. The charges
35 covered: ler will
36 pay up t red mclud nng?the dple of settle t: Bu er muniwitca (r all day/ s oll
31 '-f wing seat be P4 razed for ththe period
r1 P Yp
be?)11 ?) fe'hf riQ ln.l11 yi, ' i f of tt
39 " FIXTURES & PERSONAL PROPERTY (1-00)
00 (A) INCLUDED in Chia sale and
heating; lighting fixturca purchase price sre all exisfing items permanently installed in the Property, free of liens, in
42 40 (including chandeliers and eciling fans); water treatment 91 and RaremiRers; kleviaion antennas; shrubbery, systems; Pool and spa equipment; garage door opener healing property at the time of setllemenG wall to wall cmPlanti gs and i cove ring ees; anneshades end blinds and cooking fuels shined on th
O appliances; and the range/oven unless Otherwise stated. Also included:
peting; window N built- in air conditioners; builtki
45 (B) LEASED items (not owned by Seller); -?-
46
41 (C) EXCLUDED futures and items: -?--
48 _--
49 5, DATB TUIJE IS OF THE ESSENCE (1.02
5o (A) The said date for )
settlement and all
51 other dmes and times refered to for the performance of an
agreed to be Of the essence Of Ibis Agreement and are binding.
any of the obligations of this Agreement are
(B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement was
53 executed and including the last day of the time
5r (C) The dam of settlement is not extended by an Other tW
55 Y provision of this Agrcemcnt and may only be extended b
the pmuea Y mutual
56 written agmemcnt of 52 (D) Certain time periods are Preprinted in this Agreement as a convenience lO the Buyer and Seller. An
and may be changed by striking out the rc-
58 P Premed text and insertin Y Pre-prinicd time periods we negotiable com, 59 BuyertniUk:J g a diIF time peri W acceptable to all parties.
a
Penns Nestle As mefation ?-2K page t of S p
Yy Sclerlnh(als:
® R"EvA.,ieOR?.` of ` CnrCRIGUT^IiNYSPLVANIA ASSGC1AT1lON OP REALTrSp,
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60 6. MORTGAGE CONTINGENCY( ).
.at El WAIVED. This sale is NOT contingent on mortgage financing.
63 (A) 'Reis sale is contingent upon Duyer+t init e m
6/ 1. Amount of mortg I u g B?l, Bagc m' Icing zsdollows: - .62
65 2. Minimum Tcno )y??_ / fit
63
66 3. 7Syears L1!
67 Typeofmonlill e lI ?,r?-
4. Interest rate _ t howeve Qu era 65
66 exceed a maximum interest rim ofBroax m ac
66
5. Discount points, loan ma cept th e interest a e out
69 %. Y be committed by the mortgage lender, not to 67 70 ongmation, loan placement and other lets charged by the lender ae.a , Percentage of the molt
any mortgage insurance p premiurm or VA funding fee) not to exceed ' '- 6,
71 The interest rate and fees provisions required by.Huyor are satisfied.Ra.mo gage loan (excluding: fig
17 if not sfKCifed) of the mortgage loan.
]2 interest rate m m. below the Maximum Interest Rate r cook 76
mortgage lendermm available to Buyer the right
to , - -_ ; . :: . givu Sellerdhe tight It Seller's sole option and as pacified herein with the percentage Ices; at or Md w guarantee an 7t
.: Pmmi unb n4 m theB ficxodned by the mortgage lender and appfl or cable aws -mount sPociifleO al7n. Buyer... 72
75 (H) Within DAYSuneme.(10 uyer and/or the ongage lender to.meke bb above deride availableto-, to
days ifeen specified) ofthe mexecution ofthi.A
76 ..,b nauthor ,gaggtemxnice specified above to a responsible mortgago lender. Thee Broker for Buye?y ifpry, otherwGre the II leer for Slicer,
71 authorized b ce, l too P g 8 PP n 5
78 (G? I Mortgage Dommib s, t data B ge lende f the orpoam.of asistlng in the mortgage "am loan process. ]7
ag 7
e6 Brea d the is not received by Seller by the above date. Buyer 78
2. Upon receipt of a mo
mortgage commitrt?g Be tome ant dale until.SeQm mMineles mnnt thtx Agreement in within
61 3. Seller has the option to terminate This A Ym win promptly deliver a copy of.the comonitment to..Seller.. B by notice to Buyer. 79
12 a. Is not valid until the data of wldemam, t iswriti ng, after the mortgage cormrdt
93 ntent date if the mortgage comminncm: 80
.I.,u. npl b., ascanditioned upon thc OR BE
r.
W sale and settlement of fay other property,
c. Contains any other condition not specked in this Agreement thal OR
85
ianot,sausf 83
86 wed"" --- L -DAYS rifer the mortgage contrnitnsent dale in parobraph 6 (C) (1)
ed apd/ortemeyedin writing by the mortgage lender 86
97 .
4. DNisAgreement is temdnated as specified in Paragraphs 6(C)(1) or (3). or therro
paid on account of 65
88 Purchase pace will be mtumed to Buy".. Buyer will be resprwatt?gq,I ?ntaYgnmretoru ma abtarn fa ed j m hRl msetd ' eme lint alldepwit monies 86
tide search. orlce fw cancellation of _
A9 mce with extended coven same' if mY? AND/OR any premiums for flood ifor : W tasmance, W., 87
Po ge, or cancellation fee, if 'Y" urence. mine subsidence,i .
(D) If the mortgage leader requires m ANDlOR any sportiest tees and ch Pammee,andiar,fim imor?1'rrn:-l.ni Seller will,. widen Pxirs to the Property Buyer wi14 upon recei argas paid ll,advance to d1e mortgage lender A9
92 - DAYS of receipt Of the mortgage lender's ?' deliver a copy of the rrwrtgage.lender's requirenknts to Sam .., 98
az Seller's expense, requirements, noddy Buym whether Seger wig make the
1. 1 11 1 1. 1. 1. .
W 1... RSenernrosm to make the .. tesinired repairs.. 91
91 required repairs, Buyer will acceptUie Pro p r. I '^ . -
Agreement Party and agree to 16e " .'.
96 2. IfSellm ch ??ELf4SB set forth 93
mpamgmph.25ofthis 93
96 roses rim to make the required repair, or
notify Seller in writing Buyer's chaff<c RScller fails,lorespond witlrin the time B
v
to tcrmtnaw Ws A gi o , Dyer .win. Within " 91
97 penni8DA which will net M unrcasonablywithMld DSe Agreement OR make the required rep airs at Buym's ?_ DAYS, 95
'' borJn+,:, r„ . llm delves Bu" pe explore and with Seller's
M 96
;96 _L DAYS of Seller's denial. terminate this A Y rmission to make Ile requited repairs,;BUyeq may, within
180 .. ,v '.,,Iilrrr: f r:resumedprotnpdy to Buyer and the A grecmen4 in which case.all deposit monies paid on arePnut of
(B) SNIerAssisl g!ecment.win. be VOID, purchase
Price will .,, 6]
M, as
101 ? NOTAP !.
PLICABLE 99
102 APPWCA LE. Seller will ' .100
3m( ant m:rI Yliul. ,,.5 may:
maximum, tow 701
)p/a wn( jib, 3Ip )mt. Buyer a c sts as «ed by the d 102
196 Y 7 I M toJ
,106
hTfA/VA IFAPPLICADLE uJ .to/
107 t t' s d. , It ra expresyy arced that notwithatgnding any other previsions of this contract Buyer will not be obligated to complete the purchase of the 105
108 -" inem any t as
dance ProPerty with described herHUD/FHAetn or VA . anawr by fsam ure'of lamest money deposit, m otherwise unless Hpyer hnsbecn given, to aecor_''' 107
1NY` ar n Endorsement Leader semn f mends, a written mtement by the Federal Housing Cormr issioner ,A reran- Admimatiafi givor'a Dula
io6
111 ) Inaaa tte is the sales lact re do tad in this Agreement). BuOf the yerW Will l have Nenprivi ge'and option of
(the dollar amount to be 109
112 gar oust of the appraised valuation. The appraised valuation is arrived It tro Proceeding the maximum mart , con- 110
113 amfifymen of Housing athc nd amUrban Development will insore. HUD dues not warrant the value nor th 111
Its - satisfy huruclf/herself thazIhe•P-m and condition of the Pm n r , gsge'tlme
e condition ofd"the Pro
111 '' Warning: Section 1010 of Title Ig, U.S.C., Dc pC Y are acceptable: '"-" ' :,_ a-; , on re; PMY. Buyer should 112 113
Transactions, provides, "Whoever for time a p'VtO10nt of Housing and Urban Devdopment and F•edcml Housing Admirdstradon ,
If6 it/
napes as slakmen P ' °f innuencing to any way the action of such Department male
Y t krmwm die same to ed false ...shall be fined undm this title or ire
lD (G) US. De a es. passes, utters or pub- 115
116 Parhnent of Hawing send Urban Development (yUD) NOTICE TO PURCHASERS: IIuyer' Acknowledgement
? Buyer has received the HUD Nelire "For Your Protection: Get a Home Ins Years. or MIh."
119 116
Impectices). Buyec understands the ire Pection" (see Notices and Wonnatien on Pro
120 117
AgreemrnG portance of getting an indepcnden[ home ins Party Condition 118
121 - - Buyep's Idtlals pection wd has though) about this before signing this 119
122 (H) Certtficatlon We the undersigned, Seller(s) and Bu e s
123 120
121
We to file last of ore knowledge and belief, and that any e)Ilma to this transaction each certify that the terms ofDihis roninet for purchase am 122
126 lion is anadmed to this AgicemenG greement entered into b
126 7. INSPECTIONS (1-02) by any of (haw Pmtain wnnaUOn with this Ermine- tea
126 7 '..
(A) SeUe 2greeslo PenrrttinapmdombyauthorimdaPPnisers 121
In
1Y6 Buyer as may be required by the Mortgage , repumble certV ere, insurer's representatives, surveyors, municipal officials ardor 125
or provided for in the terror of this Agreement. Buyer has Ile tight b ,bend alS inapectir a to my, or insuring agencies. 1129 - B)' Buy"Imeaves the right tormake a re- pemlit any other inspections required by 127
130 by any other Provision of this Agreement. seWementwalk=RUmrgh inspection of the Pro s
f3f - party: Buypr's right ED make this inspection is 128
. not waived. 129
132 (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections.
(D) An imPwtom including home ins 130
133 & PROPERTY INSPECITON CONTINGENCY pemors, are (1-auth02) orized by Buyer to previde a rnpy of any moons to Broker for Buyer 131
131
provisions of this Agreement ma 132
136 WAIVF2y. Buyer understands y provide for inspections snit'-' certifications tint are not waived or altered by Buyer's election here.
136 Fnvironment Notices). BUYER that Buyer WAIVES hTHIS as Othe option ED PTION and reqBraes uest to inspections of the Property
137 ? l7 1133
.FC'IhiD the Pant (see Property Inspection Notice s and 135
RELEASE re[ (onh in paragraph 25 of [ris Ag nt
reeme.
139 (A) Within DAYS (15 days if not s 136
1J9 dons and/or certifications completed byhcre rased or Otherwise qualffred grecmeet,Buyer, Pattt Buyer's expense may a and to have
Nmicea). This contingency doe not apply to the following existing ce'.
1m 111 party Inspection Notlcm ad
Enviroavenimnsental 1 13937
nditions, it P o and/or items: - 130
142 B) Should Buyer elect to have a home inspection of the Pro-?- 1160 141
the Home bu eri° the Pennsylvania Homelns ? 743
1N Inspection Law) such home inspection shall bt per a full member in good standinof a national home lion Regarding 112
1u •ation, du by a person supervised by a full member of a nationaonafl'or al l home Mme inspection inspection assmialion, in accordance with the ethical standards and code ia/ _
116 of conduct m inspection mscei- 113
practice of that association. '
116 Buyer Wtlala:115
A/S-2K Page 2 of 8 Seiler Initials: n?
146
,r, fl./ 11 Buyer is nut aan.vhcJ wnh the alert 01 'a' Ympcrty as amend in auy w-11co, repun, L will:
146 ? Option 1 Within 11'. time given.,.r completing hispectlore:
149 [ 1 Acdepl the Property wiW tlic information rented in We rc n s and agree m 141
151 T".nale OrsAgmenicglinwrilingbynoii.lu to the RELEASE ;d forth
Sella, in n which case all do 148
'Pr aladyl to Bu erd - Paragraph 25 of this;RgrccplCnt OR... 1a9
152 ' Y this Agrcemen[will be VOID 'OR. '. Porn monies prod an acct tint otpurch;uc price will beiclumed 150
154 3 rn . to ,08 Buyyeerr at l ascdutoallYtlemrat ,xce95 pay maybe acceptable with Shcerprovrdmg for any repai 'Muni vements India ,Pro
.151
155 crrNt '. 152
154 Should efforts to Mach .1, Iuallyaccc?bicagiccmcnlfaill ?eycrnmst dlooscba12. I11 , n pcrty and/or any
the Bme given for compacting inspectronsd according 1 152
g to the provi
15e ? Option 2. Within the time given for completing ins P a Y Pr iC[1)tinaic OUS Agrcemcnt within 154
sions in paragraph 8(C) (Optr an I) 1 and 2.
157 r l„1 Accept the Pro portions: -: .. 155
158 Party with the in(onnation slated I. the report(s) and agree lo,tbe RELEASE se[ forth inPara 156
169 nniv UNLESS. the. tntal cost to CmmC1 the conditions conamerl in the report(s) i(I She ELE grain, than $
2 If the mural •cost to Correct the conditions contained in the report(s) EXCEEDS the amounts ptti graph25of this Agrcemec4.. 15]
60 1 Buyer will deliver the report(a) to Seller fi,xl in Vain h • 158
16t within the Bme given for inspection. 8!aP 8(C) (Option 2) 11 159
162 a. Seller will, within Z _ DAYS receiving the report(s), inform au year in writing
?
(I) Make re s of Scilera cj,oice to: 160
141 ,. Pails befom setllemenent so that the remaini y
- 'theamundS 16l
1
ng dust to repair condition contained in the report(s) is I= th
16/ pe see d i i paragraph 8 (C) (Opton 2) 1.
165 (2) and Credit the Buyer at t settlement for the diBerenre betwe an or equal m 16
en the clammed cost of re
amounts pairing the conditions once ned in the report(s) 1G
166 I (3) 'Net make re Pecifcd in paragraph 8 (C) (Option 2) I-This option must be acceptable mthe mortgage lender, if any 165
BI
11 1;, A Patin and not credit Buyer at seWCmem for any. costs torepaironditions eenmined in th e report(s)
68 1 1 1i b• ' IPrfoSe • a changes to make re pairs or credit Buyer at settlement as specified in
.
t r u Furry, • gee to the RE paragraph $'(C) (Opdon?2) 2; Buyerwillaccept the 16v
169 LEASE set forth in paragraph 25 of this A 166
C. ICSeller chores not to make re 8reemenL
170
'r..given, Buy"wi?. within Paul and not to credit Buyer at settlement,
DAYS: or if Seller fails to cho lag
1]1 (1) ose any optron within the time 169
i 1 i 'r . 1• r; Detect the Pmiserly with the inforiwhon mucd in th
II l ,• •. , •.,.
172r ., e report(s) and 170
agree to the RELEASE se[ forth in
172 Agreement, OR ... „ paragraph 25 of taus 171
174 1 n (2) Tenninaze this Agreement in writing by notice to Seller, m which caae all depose monies paid on account of
be terminal Promptly to Buyer and this Agreement will be VOID. 19
D5 9 WOOD INFESTATION INSPECTION CONTINGENCY (1.02) Purchase price will 172
178 n ? WAIVED. Buyer understandsdeal Buy"has the option m 174
Operator. B R WAIVES THIS DI MON and ag be R reel do the R l that theELEASE se[f pro 175
178 pertyorthbeminspected for wood infestation by a certified Pest Control t,,
paragraph 25 oI Us AI reemem en "Wood- D9 CA) Wi08n DAYS (IS days if noes ri °1" t 11 n7
- 178
160 Destroy' Infestation ins Pecified) of the execution of ties Agreement Buyer, al will Buyer adeliver it slid expense, all will suobtainPPOrting a writt documents and 160
188„ r.: s 61,ndraw' P"tron Report' from a certified Pest Control Operator ;;M t79
112' • } tubaProvided by.the Pest Control OPe lm to Seaa .1be re rt is m be made
, I (? V lgage' IendeM md/or Feder lmurln po .m and in tom li
?e.withlam.mm.1' lei
183 47 cn„r,l:.,racttssible areas of all at=" on the PropertGexcept l Ihe tollwin NaWCmarm,' if any.11ie,inspeakid will include, all preadily, visble d?.. 182
dd? 19
B arcs, which will not be insp"red
162
185 (B) U the inspe Lion reveys evidence of active infestations , Seller ag lees, a[ Seller's expense and before settlement to treat for active infesta-
1R 1 I,c,aoMa). in accordance with applicable laws.,, 1N
187 n•rr (C)„If theinspection reveals dame - - "... ,.-.. -. 185
fu r q damage from active infemadon(s) or previous infesmron(a), Buyer, at Bu "a ex 166 187
q''r ten repnn by a professional contractor, home inspection service, unstructured engineer that is hinted to, Structural damage to the Properly Mainawrit-: lee
189, by wood-destroying organisms and a proposel to repair the damaguBuyec will deliver the swctms[ damage re190, n- nlurOSe?er widdn'-'] - DAYS ofdelivenng the original ins C61jd"eA
t9ta r h(D), W1tm. DAYS of receiving the structural damage ?rtion rePan. pmt and conectrve prppnsal to 190
192¢1 r .. „'.
192,?.ri Nn,Sellecs:expenae andbefore scuicaen4 any structural damage report train and leaecevepropgsal,Segerwill.jv,. -, Buyer whe(Iier Seger will ' I repair, at 191 " '92
(E).,HSellerchooses torepairstructural damage revealed byport,Buyer arestoaccept the property i, 1,•
194 ', set foM in paragraph 25 of this Agir?mcar. agrees to accept the Property is repaired L. , IN
195 (F1. USeBerchoosu not m re Paired and agrees m the RELEASE 192
196 Pair aWCtmal damage revealed by the report or fails to respond within the timgiven;Buy", witldn ,. I.;,.. 4w
will notify Seller in writing o(Buydr's choice to: e
197 _5 DAYS, 195
19i .1. Accept the Property with the defects revealed by the inspection, without abatement of pdo, and thd 196
graph 25 of this Agreement OR to RELEASE set forth in Pare- "197
1991:rn< 2,; Make lue repairs before mWemoh if requued by the mortgage lead", if any, at Buyer's expense and with Se?"'s
200 M II r I,',,, .fAB
be unreasonably withheld, in which case Buyer accepts the Property and egress in the
21fd.. udi ot'nnar•dA permission which will 199
203 r I Ageszsmmin writing, in whidl
202,1x1 Ir nx,l gar If Sella BuyaPerall. misii deposit monies epaiacoum of my, within, RELEASE DAYS of.,Se er's denial rtemdium this.. zps
Terminate paid of purchase to ent, in ,N'204,
Ont w 1 be VOID which case all deposit monies paid on account Of purchase price will be returned promptly to Buyer and 2020
206 10. RESIDENTIAL LEAD-BASED PAINT
4
207 BUILT BEFORE 1978(1-02)
208 ? NOTAPPLICABLE HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIEStAS
bl 286
209 APPLICABLE" "-... - 267
210 (A Saw mptvsenta that Seller ryas no knowledge concerning the presence of Icad based r r 208
21t uNess'checked below.
212 Seg punt and/or lead based ,con[ 209
Poopaly? Seller has knowledge of the presence of icod-based 1 F hazards I. or about the 210
21J paint and/or lead-hazed
det"mining that ]ead-based paint Mellor hazards exist the location(s). the ocditionlmo ciPaimed surfaces 211
214 Bon concerning Seller's knowledge of the presence of lend-based P"ty. (Provide the basis for.. 212
rid other available info nna- 212
275 paint and/or lead- "
Buyer based paint hazards- „
216 (B) Becords/Reporla: Seller has no re 215
? 214
11 7w.q dd hnr.?w bbadked Porta.or reords pcrtainrng to Ivad-based coma and/or lead based paint hazards in or'abou about the prppeity, 216
218d^twi , 1?I"hen Provided with all available reordsd reports pertaining to lead based ^r it i t°o.,nil r v,n:q Ir ^rv217
u01dn.+?l n•,rl? Property. (List documents)'. paint and/or lead-based paint hazard s in or about 218
22I (C) Buyers AcknowledgemenL Buyer has received the --? 219
Statement contained in this Agreement pamphlet Prolecr,Your Fanii(YJytn Leaden Your Mane -'-?"220
278: rrp am has mad sale Lead Warning. 221
•,t,r 2,• , ?-bexd Point I sce Environmental Notices). Buy" has reviewed Sellers disclosure of nd has
224 12z 32s n o,b in rar:Byured wLo hazards,
lead-
e. lead-baled pain[ and/or 2Y2
in Q wamed gmp???)Ph' IO(A)'and has received the records and reports Perris . min t al it ed
?[1\ . Paint and/or lead 222
226 (D) RISKASSESSMENTBNSPECTION. Buyeraclani-I dg"thin before BU Date lI w r Y tz6
zn free-10_DAYS mconduct anak Y"is obhgafedmbuyamardotial well gbudm before 1978, Buy" 225
ltd assessment or inspection of the Property for the presence of lead-
WAIVED. Buyer understands that Buy" has the right to onduct a risk assessment or ins lead-bagged paint aM/m'C hual co
229 lead-based Paint and/w lead- based paint hazards. 227
230 l reemenl bazed paint hazards. BUYER WAIVES THIS RIGHT and apection of the Property to determine the presence of 228
this A green to the
221 ? ELECTED RELEASE set forth I. pamgreph 25 of z29
232 1. Buyer, at Buyer's expense, chooses m obtain a risk assessment and/or inspection of the pro n 220
263 paint hazards. The risk assessment and/or ins 231
pection will be completed within a y for Icad-based paint greens lead-bazed 233
234 Buyer Initials: \ (_!µ S _10 : DAyS o(ihe execufion of this Agreement
A/S-2K P.9.3.178 333
Scllcr Initiak:. V - h5 Se)- 234
235 2.1 Within Nc time set forth a
236
Obtaining the risk Icadd9ased'Paint Instants, Buyer may deliver to Seiler a writtennelist of the specific mtir the l'noperty for Ie:W-based paint and/or 235
art,. „ . 11 corrections'requested bYBuYe, along with a wPY of the risk assessment and/orahazardous conditions tiled in the minor, and these 235
I 3-' Seller ma;
x38 1 i ,mil-o? YwNun....'1..,.DAYS ofrcceivinglhe list and report(s), submit a written annualvl ro Iu"1;21:1 W;r ,dl' -r;,.; 237
will include, burno(alimited to, the name of the remediation company;and a P Pa al to B0 uiTbe
2401 1, .. -n;will Y connective proposal. ..-231
rov
20 n nnr v I ' I measunei- Seller.: 239
Projected
completion 211 1 catede ffiatio da,le.,': arisk assessor or atspectorthat corrttlive measureseha av ve:bwnlNtul'wloril?compicnted 1111, before the^150
4. Upon receiving the caneetivc Proposal, _ . , Buyer, within 5 DAYS, will: " !- ^ 247
ccept 2"'1 N:1 21-111 r'h,' u7emenateetlJs A grec live propes m al and the Progeny in writing. and agree to the RELEASE set forth in Idx
iN writing; in which case all dcpmil monies Paragraph 25 of this Agrt m r,, OR 243
to
Buyer and Nis Agreement will be VOID Paid on account of 1. 1. 1 241 5 Should Seller purchase price will beatumed promptly: IN
fail to submit a written corrective ro ...
2471 s n 'm 1 iwithin _5 DAYS. will P penal within the Ume set forth m :. 'i 20
1N n ' ,- Proagmph IO(D)3 of this Agreement, Buyer, T48
249 n r 1 1: r a'. Accept the Property in writing' and agree to the RELEASE set forth in 11
- b' Temduate this Agreement in Paragraph 25 of this Agreement, OR I , '' 247
250 writing, in which case all deposit monies paid on account of porch;" price will be returned promptly 249
an Buyer and this Agreement will be VOID.
251 6. Buyer's ("lure to exercise any of Buyer's optimal within the time limits specified in Nis paragraph win wmUtule n WAIVER of 251
252, 11 1121 211: Id .hm:Nb rbnUogencyand Buyer accepts, the Property and agrees to the RELEASE sal forth in 250
253 (E) .:CerOBlmUon:"By signing this Agreement; Buyer and Seller certify the accuracy of their nee
254 11. STATUSOF Paragraph 25 of this Agreement. 1252
255 RADON (1-02) pectivc:amtemuam, to the best best of their knowledge. 253
(A) Suter reprvenis Neel Seer has w knowledga wnm ing the presence or absence of mdon unless chwkul below:' -
256 ? I Seller has knowledge that the Pro 255
257 (I r 1 m. d 1 ..- - party, was tested out the dates, by the methods (,,g., charcoal canister, alpha track, etc.), and with 258
I 'hie results of all tests indicated below:
25811,( ..... 4 f r.: y 1 DATE " .-
259nfira>. dill " TYPE OF TEST `..RESULTS (Pis ...
) 257
. wories/Irtw or Arkin Bievcla
251
--?_ 259
211 n ,rooayleni "COPIES OFALLAVARABLE
212 R h r 1-b'a1 o ,i' ,", TEST-REPORTS will be delivered to Buyer with (his Agreement SELLER I I DOES - 1 NOT WpR 252
11 2. Senor has knowledge that the THE 'TESTS.
261 DATE Propicaryin
UCTIN radon reduction measures on the dab(s) and by the method (s 252
2/5"fmq u, 1.141 , ., , .... RADON REDUCTON METHOD indicated below: 263
1-1 711
216'1 iLmI'r,"I ' „ 261
267111 ,11
(B) "RADON INSPECT70N CONTINGENCY '. -- 266
261!q A''AIVED- Buyerunderstands Ulan Buyer has the option to request that the ---- z66
267
E69 b1 1> 'm°rm(NWCes:'Radon).BUYER WAIVES Property einspected forradon byacurtified ins
251L ud ? . THIS OP 7ON and agrees to the RELEASE set forth in
Pcctw (see Envwn- 261
271 d a` -Cl „ELE
the CTE re Buyey'at Buyers eipenar, has the option to obtain, from a certified ins ??ph 25 of this Agreement ..
xn. . test 0 269
Pert to Sella 'within! DAYS 15 da If not specified) of the pec execution ra of this . dons Agroethme u I'(See and Environnlenm4 Notices: 270
272 ibo n of (IRaen) . 11.;,1 ... 'lr .,. ' .!, Pal. "; ";"I 1"Bl. Mivw a w
273 1*nr ,yes > ; . : grc271
275 »t1 nr 11.11 RIhe test report reveals the pmswee of mdon below 002 working levels (4 Picocuries/hter) Buyer sccepis the proRELEASE" r b^" G>?;,; 212
275 2 forth in Paragraph 25 of this Agreement. perry and agrees to the T73
Ifhie test repo at or exceeding o
.276 reveals the presence of radon ' ° -' r 215
. of mcerpt of the test rcsulm: g .02 working levels (4 p¢wurics/lilw) Buyer will, within 271;5 L7h?'r?OpUonl .. i. ,!:uV , -L 'DAYS 275
tin +»aqw. r Iona? bit
276
2110 ex"' >u n AccepLUle Property in writing and agree to the RELEASE set forth in Paragraph ss OfU!us: e n v, ,! ',':.' 171
b.' Temlinale NisAgrelmrnt inw{iting,'in which case all de ' Agrcemeel,OR
nM ynn>nubn 1,
and this; __.2 posit monies paid on account ofpurchose price wih!be - 1Buyer 279
x11'tsunylnl n- ABreernent will be VOID. OR n,.•,a ", x i. J .rrerQmed promptly to Buyer nee
u, W Submit a- writta"conamfive proposal to Sell".. The cum,,uve -I ,....
!fix I ran 31,-'1 I-Wgaboa wm
Pony; provisions forpayment; includi Proposal will include, but not be limited to, the name of the ecmfied. mitt X1261
243 (1) WiUli including relesm; and aPmj=t d wmpletion dam for corrective m=um. 1
x84 - 'DAYS' of ieceiving'the connective proposal, Seller will-M! ., 262
216'45 edf»zlni• h"a ,(a) .Agree to the terms of the corrective proposal in writing In which case Buyer accepts th< Pror t
RELEASE set foM'iu .•;°283
pmpAosI.-- ,'OR PcrtY and agrees to the 285
216"It6i 7ufmurn+ni` "(b)nNot agree to the'earms:offfic Paragraph
97 (2)Should Solernm agree .. . ' '. z15
2817 xnhni ynn to xi r. to the temrsbfUte connective proposalorrfSellcrfalls to res and within the (line vw,!
2N
'- DAYS elect I..amoh 1 P
Buyer- wrl4 wr Uun" 287
% mq an12 >nimn121ro'T m ?the ,.inwnnng and agree to the RELEASE set forth in!ParagraPh 25.14 Uris A 1 , .
us adz in syyil. n n or 1, 1218
29lNcrilla vI9f lydr greement m wrldng,'in'which case ali'deWa grurchas . ORml "io : n:'z19
22!'1 s ii WM17, Uon 211 PromWy to Buyer and this Agreement win be VOID. -o- n moates? paid nn.eecounl of purchase price win be remmcd,. 290
p Lillis b' 1 -f. n:dl>a n .,. ..21'1 b ty d61su1
293 ..1...:.291
a.' Accept the Property in writing and agree to the RELEASE set forth in ` 5 7f 1 I ntr:oll 1
294 b. Submit a written, conwnve ro Paragraph 25 of NrsA '11 "'T9ORI?
2
295 P Posal to Seller. The wrrcctive greemen( i, t !
propsal gation comity-Y; provisions fora priject will include, but not be Ii acted lo, llie name of the certified um-
296 imitators WYOrd t including retests and a on anded completion date for mpletve measures. ent. will 214
207 toward the total cost of the emanation and rctesm, which will be wmplued by reWemnt PaY a teas- 295
(Q If the and war of remediation and retests EXCEEDS S the mnounl specified in paragraph 11(B) (Option 2) b, Seller will, within 297
Z9B 298 _5_ DAYSof receipt of the cost of remediation, notify Buyer in writing of Sellers choice to: 298
299 (a) Pay for the IoW cost of remediation and retests, in which case Buyer accepts the PropFrty and N.C. in the RELEASE set forth 299
in Paragraph 25 of this A // 29B
JOt Agreement, OR '
302 (b) Contribute toward the total coal of mmediefion and reb ats,only the amount specified in Parragoralph I I (B) (Option 2) b. 301
(2) If Seller chooses not to 300
303 pay for the toms cos[ in fion and retests, or if Seer tans to choose dWer option within the time 302
304 given. Buyer will, within _5 DAYS, notify Seiler ller in writing o(Huyer's choice to:
304 (a) Pay the dierence between Seller's contribution to rcruediado, sad retests and the actual Buyer accepta the Prort 30I
308 K Y and agrees to the RELEASE set forth in slat Nereol, in wldch teat 304
307 (b) 7enninate this Agreement, in which case all de paragraph toff this se rret OR
to Buyer and this Agreement will be VOID. posit monies paid on account of pumhase p price. will be resumed promptly 306
308 12. STATUS OF WATER (1-02)
3 0 (A) Sella repm ems that the Property I. served by: 307
Public Water 301
309 311 ? On-aim Water 309
312 ? Community Water 310
313 [1 None 311
314 ? 312
Sts (B) WATER SERVICE INSPECI7ON CONTINGENCY 313
316 WAIVED. Buyer acknowledges that Buyer has the o on to 314
317 THIS OPTION and a W request an ins 315
greea to the RELEASE set forth in inspection of the water service for the Property. BUYER WAIVES 318
311 13 ELECTED Pomgraph 2$ of this Agreement
31B 1. Buyer has the o 321
320 Won, within DAYS (15 days if nots 311
to Seiler a written inspection report by s qualified, professiona
pecified) of the l water testing tiny of the this and at Buyer s r:pense, in deliver J19
321 \ I-? B pant of the quality and/or quantity of the water service. 320
322 Buyer loot da; ' JUS
?- A/S-2K Page 4 of S r7 322
Seller Initials: IJ.K t-.Ih
" ?-Jyr- 322
324 , ,....?......., ,•...,„w ,I I, . I ...........:,,
inspection company. Sell,, grew 1. .1.11 d"Pmp.ny, t Shcerh ex erase 1°I'
32s 3. If the report rcveWS)he(the water seryrte does not as' 324
the m!!uruamstandards of an sc governmental authority and/or fails to -325
31A satinly the requirements for quality and/or quantity set by he a
mortgage lender, any,XhcnphScabl Seller will, within 32-in)•;gx leport'notify Buy" in wrifing of.SeHers choice,,:, t r f'• ge nde -Z_ DAYS of receipt of 326
328611=q
3q I t I 1. a. 'qo Upgrade the water service Io the minimum acce
rc i 323
r t '
329°ptable levels, before settlement' in which case Buy"accepts the property and agrees 328
mtlmRELEASEwrforthinpamgmph25ofWs
336 ;,nut and Ib.•hNmupgfadathcwatcrsmim., Agreement qR. •I .A ' ;r l ' t r .;- 3 ..,,?
331+' bolt I 4 If Seller 4;; "' 329
r dwoses nql m upgrade the service in minimum acceptable levels or fails to respond within the time Buyer 330
331 'ton' Ah , either given,
333 will, within 3fl
y Acre flhe .;. ,1 ,; r .I , , .,.. i. ...'::: tl r': L; i. e
3J/Il iil"i 7n ,3. the P partially and the water service and, if required by the mongage lendeq if any, and/orm 331
u'al";uvice before xWement or wtWrri IIle time 'Onpined by the mortgage lender, d my. :and/or sit ntal authority. Upgrade 333
335AT evl rytirrrn. oBuyersexpense and with 'Safer'spermission. which at not be unrcasonably.with dcr, y govemmenlapaudamity,,at7.334
336'rs,t 3cemPh.25,,fths'ABreemenc lBSener deni agree to the RELEASE set forth in pam- 335
337, 1: ,: t es:Buyer. permission m'mpgrade the:waheld, ter and UIvl ce;Buyer may. within
Seller's' denial; terminate this Agreement in writing,. in which case:all de - DAYS of 336 1! .5 • t>.., , r: xlumed.prorrrpdy b Buyer and this Agreement will be VOID, OR posp monies paid. an account of purchase prim will be
]3a J36
333
J39 J,. ; n r • b:6i;Terminate llda A ?'
,?
340 gessma, t in,wliting, in which cox all
to Buyer and this Agreement will he VOID. deposit monies paid on'aceount of Purehase price will be returned promptly 339
341013'.1 STATUS -OF:SEWER(1-02)i/. 1. t 34Z /.K 't (A)"Seller represents that Ure r!rl t 340
Pnapesiy w served b ',.. ?: t 2 i r° r „ t t r (r,
MI"') c b
-
v,r,Pubhc Sewcr - Y. t •.-' a t+)„ t.<, :1 341
au T?\ Individual On-lot Sewage Disposal ' ' •': 11 r e. t 4 342
335 System (See Sewage Nohce'q -,;' ` 343
[1 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1 see Sewage Notice 4 rf apphmbllicablce) 344
318.LI'Lf Tt I t ?1,3COmmually'Sewage Disposal System !.
345
U7ilnnm is I?mTen- ;. r i-.'c i Pd t. t
acre Permit Exemption (See Sewage Notice 2) 346
311rr lcub-tt„?:a holding Tank (See Sewage Notice3)'.. ••rr:rJl r
u9sub ,iw ?'d Nune(See Sewage Notice l) 349
JAOit tql od Ili. °i' t 348
35t ?c:None Available/PemiitLimiwdons inp8ect(Sce Sewage.NmceS)
? ........ I 349
350
J52/f I +•(B)I INDIVIDUAL ON-LOTSEWAUE DISPOSAL INSPECTION CONTINGENCY!
351
363 OT, 'WAINED!.Bu is as, ?IJ tti
tiV Y'OPTIDI•I a N and agre -geees s to the Buyer
35411 'et, A. 1IIUS
REhas the option j,LASELLA.SE t forth to th in Pa s grarth 25 off ttl uis lAgrea ge disposal msPecti '352
AIVEg.P1'I toth.se in amgmph'25 o 4
an ofthe Property. BUYER 353
355Ib, l.[7l/, 13IF.C7EDfr/ 1 r 1 !<i„r ! qit o . reetrrentF i
358 I. Buyer has the option. within °•".I/. I r r j ?;",':iii ' Irf f O')"1'a n + t t l-.. ,. t I .r .,_1:1 354
353 B
deliver uyer to Seller a wnlt ms DAYS (15 days if not specified) of the execution of this A 355 356
358 8?a of MPOH by a qualified, professional inspector of the individual. mi of sewage d slposalesystem. to
2. Seller, at Seller's expense, a id as
357
359 lot sewage disputed system. Seller also a required the inspection company, to locate, provide. arms to and empty the individual an-
360 Brces to restore the Property, It Seller's 's expense, prior to settlement, 358
3. If the report reveals defects that do not require expansion or replacement of the existing sewage din
361 359
7_ DAYS of receipt of the report, notify Buyer in writing of Seller's choice fa: Posal system, Seller will, within 360
362 it. Correct the defects before settlemen
351
353 the RELEASE x1 forth in 4 including mutant, at Seller's expense, in which case Buyer accepts the Properly and agrees to 362
364 Pnragmph 25 of this AAggreement. OR
b. Not correct the defeets. 363
365 4. I(Seller chooses not to correct the defects, or if Seller fails to respond within the time given, Buyer will, within 3 DAYS,cilhn 365
356 362 a Accept the Property and the system and, if required by the mortgage lender, it any, and/or a1 364
t defects before settlement or within hhq time required by the mortgage lender, my and/or any t oche XtLptat SE set fo th Buyer's 363
J68 pemtission, which will not be unreasonably withheld and agree to the RELEA
320 graph 25 of This Agreement. B Seller denies Buyer permutation to connect the defects, Buyer may, within SE set S off Amos 363
denial, terminate this Agreement in writing, in which case all deposit monies se PeiDAYS of Seller's 369
331 promptly to Buyer and this Agreement will be VOID, OR Paid on account of purchase Price will be returned 330
-332 b. Terminate this Agreement in writing, in which case all de
373 _ promptly to Buyer and this Agreement will be VOID. Hood monies paid on account of purchase 333
334 Price will be returned 332
335 5. If the rep on reveals the need to expand or replace the existing individual on-lot sewage disposal s stem. Seller ma
of recei of there 333
Jae ? Pott, submit a corrective proposal to Buyer. The cortectlve y Y. within 25 DAYS 334
remediation company: previsions for payment, including retests; and a proj?tedal completion date for ?corective hmensurm. Within 336
333 . 5 DAYS of receiving Seller's connective
378 proposal, or if no corrective proposal is received within the time given, Buyer will: 333
339 a. Agree Bparagrphthe Agreement, if any, in writing, in which me Buyer accepts the l'r,perty ands
set forth in paragraph 25 of of this this Agreement, OR green to the RELEASE 338 171
In b. Accept the Property and the system and, if required by the motgage lender, if my, and/or an3 governmental 381 defects before scldemem or within the time required by the mortgage lender, if any and/or any overnmental authority, at Buyer's 3010
382 sole expense and with Seller's
383 graph 25 of this A permission, i which will not be unreasonably withheld, and agree: the RELEASE set forth in Hams 382
gs Agree. Seiler denies Buyer permission to conned the defects, Buyer may y, within _5 DAYS of Seller's 303
3114 denial, Bua this Agreement to writing, in which cox all deposit monies paid on aceounr. of purchase price will be rammed 384
385 promptly y to ho Buyer and this A
3118. grcement will be VOID; OR
C. Terminate this Agreement in writing, in which case all deposit monies paid on account of
383 to Buyer and this A 387
383 I4. NOTICES, ASS ERTIF t will be VOID. WrcLax price will be returned promptly 068
ESSMF,N'pS & CERTIFICATES OF OCCUPANCY (1-02) 383
389 (A) Seller represe . m of Seller's ex,:"dm of this Agmem nt that no publicimpmvemml, condominium or i,omeowner association asxasmenis 389
390 have been made against the Property
391 Seller or an Pony which remain unpaid, and that no notice n any government afel fire orhas been served upon 390
391 alone on Seller's behalf, including notices relating to violations of inning, housing, building, g, safety or or fire ordinances which remain 391
393 and that Seller knows of no condition that would constitute violation of any such ordinances which remains uncerected, unless 392
o lrawise specified hue:
391
395 (B) Seller knows of no other potential notice
s (including violations) and assessments except as follows: 393
396 ?--- l 194
39] (C) N We ev 395
enl any notices (including violations) and assessments are received after execution of this A 396
398 noify Buyerin writing, 8
greement and before settlement. Seller will 39
3? 8. within 5_ DAYS ,(receiving the notice or assimmusen thin Seller
1. Comply with maitam and assessments at Seller's expense, in which case Buyerr accepts thewill: 39A
in paragraph 25 of this Agreement, OR Penny and agrees to the RELEASE set font 399
401 2. Not comply with notices and assessments a Seller's expense.
. 400
402 3. U Seiler chooses not in comply with notices and assessments, or fails within the time given to notify Buyer if Seller win comply, Buyer 401.
40 will notify Scller within 403
4p4 5- DAYS in writing that Buyer will either.
a. Comply with mile= and assessments at Buyer's expense and agree to the RELEASE set forth"' paragraph 25 of this Agreemenq OR 404
405 b: Terminate this A 403
W6 lnt will ll V which case all deposit monies paid on account of purchase pri remmrd promptly to Buyer 405
and this Agreement w be e VOID. cc will be
403 If Buyerfails to notify Seller within the time given, Buyer accepts the Property and agrees to the RELEASE set forth In pare. 403
408 graph 25 of this Agreement 406
.108 .....(p). gayer is advsed that access to a public road may require issuanceof a highway occu arc
410 Buyer IWnela: 1 {? S p y permit from the Ilepanmen[ ,(Trans 408
AIS-2K Page 5 orb T portalion. 409
Seiler lnitlals: 410
411 (E) If.required by law, within 13 S of the execution .this Ago, pn
412 1. A certification from the aPpropnare municipal department a deparlmea Seller will not Jvery to Buyer, ml or nsof oning. c
113 la disclosing notice arm:, uncorrected violations of zoning, h
ing,building, safely or rim ordinances, AND/OR '
414 2. A certificate Permitting or occupancy the Pro
415 will collar party. In the eventrepairs/improvement are require,[ for the issuance of the ceniill make
DAYS of Seller's wourat of the requirements, notify Buyer or the requirements and whether Seller will nmk
416 required cepaiyimprovemenls at Seller's expense.
417 If Seller chooses in nuke the required repairstimprovements, Buyer agrees to accept the Property as ,:pained and agrees to the RELEASE
418 forth in Paragraph 25 of this Agreement. If Seller chooses not to make the required mpairshmprovemenn, Buyer will, within _5 DA
419 notify Seller in writing of Buyer's choice to terminate this Agreement OR make the repairs<mproverrents in Buyer's expense and with Sell
420 permission, which will not be unreasonably withheld. If Seller denies Buyer
421 within the time given. Buyer may, within _ permission to make the required repair o If Seiler a id on 422 of purchase price will be returned promptly to BuyerY and hhis Aareem Agmement in wntrng, In which case all deposit moniea s paid on acco
423 15. TITLE, SURVEYS & COSTS (1-02) greemcm will be VOID.
424 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and
425 deed restrictions, historic easements, EXCEPTING HOWEVER the following: eelsti
preservation restrictions or ordinances, building restrictions, ordinances, casem hncnn of roads, casements visible up
426 the ground, casements of record. privileges or rights of public service companies, if any; otherwise (he title to the above described at esm
422 will be good and marketable and such as will be insured by a reputable Title Insurance Com
420 (B) Buyer will pay for the following parry at the. regular rates.
429 : Title search, title insurance and/or mechanics lien insurance, c fee for cancellation
ome, if a same, if (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of f same, if any;
430 fees and charges paid in advance to molt any; (3) Apprai
U1 (C) Any survey or surveys which may gage lender, if any: (4) Buyer's customary settlement
abac toga and accounts.
432 Y be required by the Title Insurance Company any or the ababSeting attorney ey far for the preparation of an
acloqu
legal descriptor of the Papery the correction thereof) will be secured and paid for by Seller. Any survey or surveys desired by Buy"
133 required by the mortgage lender will be secured and paid for by Buyer.
Buyer
434 (D) In the event Seller is unable in give a good and marketable fide and such an will be insured by a reputable Tide Company at the regular Ones,
435 specified in paragraph 15(A), Buyer will base the option of. (I) taking such fide as Sellercan give with no change to the purchase
all repaid all monies paid by Boman Seller on account of mhase pricr)bei
UI tans or cenificatoaz sprained according to the terms of the Agreprice ement, dr for these it ms specified in eny ?re incurred by Buyer foranyany ins
438 paragraph 15(C), in which cave them will be no further liability or obligation on either of the parties heretoparagraph :paragraph this ph Agreement items (q, become (3) and
U9 16. ZONING CLASSIFICATION (1-02) will become VOID
440 Failure of this Agreement to contain the zoning classifcafion (except in cases where the property (and each pracel thereof, if subdividable) is zon
441 solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option of die Buyer, and, if voided, any depwi
142 tendered by the Buyer wit be umedYlthe B ar i{fi?ut m y requirement forcourtaction.
N3 Toning Q,a9lBraton: ACC'' I /
4u ELECTED. Wider .-15 DAYS of a execution oI this Agreement. Buyer with verify that the existing use of the Property
in
N6 is th r In the event the used not permitted, Buyer will, Within the firs
graven far veMcaUaty notify Seller in writing that the existing use of of the e Property is not permitted and thisAg thisAgreement will be VOID, in whit
447 case all deposit monies paid on Sat u n of purchase price will be returned promptly to Buyer. Buyer's faturn to respond within the dim
4N - given will constitute a WAIVER of this contingency paid all other terms of this Agreement remain in full force and effect.
449 17. COALNOTICE
450 NOT APPLICABLE
451 ? APPLICABLE -
j 452 T165ppGD6lF MAYNOTS51l„OONVEY,TRANSFER,INMWEORWSUREiHE'rtrt5}p'IIrEOpg MDWGH1 SUPMn UNDERNgAT ESURFAM
453 OFKR®ED OR RFI'TiRRPD TD IffRFJN, AND TI@ OWNER OR O
WNF' OP SUCH COAL MAY HAVE TIRLDING O tE LEGAL RIGHT" Ip RA11. SUCH ND. (TU
? 151 IN THAT CYINNECBON, DAMAGE MAY RESULT TO THE SURPACR OF THE IAND AND ANY HOUSE,aWAmG OR
455 r mice Is set (rah in the manner provid? in Section ,(xof the Act of July, 17, 1957, P.L. 9M.) "Bum ackkno ledgesstihat pg ON OR may I nor be obtaining the
me right of praecllon against' subsidence resulting from coal mining.opermoaz, and that the Property described herein may be protected from damage
452 due in now subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose
j Us - ofcomplying With the provisions ofSeclion 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27,1966"Buyer agrees
459 to sign the deed from Seller which dead will contain the aforesaid provision.
j 460 I&'POSSESSION(1-02)
461 (A) Possession is to be delivered by deed, keys and:
462 1. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time- of settlement. AND/OR
463 2. Assignment of existing Jewels), together with any securide
480 em otion of this Agreement or unless otherwise s ty . Bu and interest, at time of seUement. if Properly is leased at the
US time of execution of this A pcerfied herein. Buyer will acknowledge existing lease(s) by initialing said lease(s) at
W0 Agreement.
(B) Seller will not enter into any new leases, written extension of existing faces, if any, or additional leases for the Property without the written
467 consent of Buyer.
458 19. RECORDING (3.85) This Agreement will not be recorded in the Once for the Recording of Deeds or in any other office orplace ofpublic record
469 and if Buyer causes or perform this Agreement in be recorded. Seller may elect to treat such act as a breach of this Agreement.
470 20, ASSIGNMENT (3.85) This Agreement will be binding upon die parties, their respective heirs, personal representatives, guardians and successors,
471 and to the extent assignable, on die assigns of the panics hereto, it being expressly understood, however, that Buyer will not transfer or assign this
472 Agreement without the written consent of Seller.
473 21. DEPOSIT& RECOVERY FUND (1-02)
424 (A) Deposits paid by Buyer within
475 .-edit DAYS of settlement will be by cash, cashier's or ce letw Deposits, regardless of the form of
' payment and the person designated as payee, will he paid in U.S. Dollars m Broker or party idend(ied in in paragraph 3(B), who will detain than
476 in an escrow account until comummation or termination of Nis Agreement in conformity with all applicable laws and regulations. Any uncazhed
477 check tendered as deposit monies may be held pending the acceptance of this offer.
- 476 (B) Upon tenninatima of this Agreement, the Barker holding the deposit mauler will releaze the deposit monies in accordance with the terms of a
479 fully executed written agreement between Buyer and Seller.
Up (C), In, then event of adispute over entitlement to deposit monies, a broker holding
461 the Stare Rad Estate Commission e49 Pa. Code'§35.327JIO 1L'nin the monies inn eeeemwsumil the. dispute is xresulved. In the event of I ligation
402 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 the panics.
453 Bum and Seller agree than, in the event any broker or affiliated licensee is joined in litigation for the return of do
484 fees and costs of the broker(s) and licensee(s) will be paid by the
r posit monies, the attorneys'
485 (D) A Real Estate Recovery Fund exists w mlmburse my have obtained them.
as fica ses owing to fraud misrepresentation, or deceit in a real Marc, inattention and who havecbeen)unable m collecttthe Pennsylvania
467 ing all legal and equitable remedies. For complete details about the Fund, call 717 783-
exhaust-
UO (717) 783-0854 (outside Pennsylvania). ( ) 3658, or (800) 827-2113 (within Pennsylvania) and
U9 2L CONDOMINIUMIFLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1.02)
490 4 NOTAPPLICABLE
451 APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily ran by a unit owners
452 association. §3407 of the Uniform Condominium Act of Pennsylvania 453 of the condominium declaration (other than plan and plans), the bylaws and the tales and regulations; regulations; of dteassacia on. of Resale and topics 4
494 ? APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Pro4
perty is part of a planned 4
495 community as defined by the Uniform Planned Community Act. (See Definition of Planned Community Notice). §5407(a) of the Act requ rm 4
496 Seller to furnish Buyer with a copy of the Declaration (other than plan and plans), the bylaws, (lie roles and regulations of the association, and 4
497 a Certificate containing the provisions set forth in §5407(a) of the Act.
496 Baverlnitwls- ) r )-s
n1: 411
On. 412
4i3
clle 414
the 415
416
set 417
YS, n9
e S 419
and 4z8
ant 421
422
423
as 424
en 425
e 426
427
any; 428
Sad 429
436
ate 431
Or 432
433
in U4
ng 435
pee- 436
in 437
. 438
439
ed 448
n 441
442
443
444
e 445
h 446
e 447
448
449
458
451
D 452
D 453
454
455
456
457
450
159
1fi0
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
Ofi
477
476
479
486
481
482
- A)S-2K Page fi of 8 Seiler Initial, B Sh 4,
49R
499 T•HE FOLLOWING APPLIES TO I 'ERTIFS THAT ARE PART•OFA CONDOMINI JR A PLANNRD COMMUNITY.
San (A) Witlyn 15 DAYS of the esem-n Of this Agreement, Seller will submit a request in the association for a Certificate of Rosele and the due. 501 I umcnts necessary AJ5
502 „ 10 days of Scllcr's to request. enable Seller to comply with do Act The Act provirtca (hot rile association is ralmood to provide these dwuntonts within 501
-
503 r, vi (B)„ SeBa,wJl promptly deliver to Buyer all documents received from the association. Under the Ae4Sellcr is not liable to Buyer for the failure or 503
504 ., ..delay of the association to 502
555 divide the Certificate in a timely.maneq nor is Seller liable to Buyer for
I• theaasniatin and included in the Certificate. any erroneous '
information provided by s: 504
5m (C) Buyer may decline this Agreement VOID at any time Mfore Buyer'. receipt of the association documents and 505
508 for 5 days thereafle4 OR until -,506
501 seWemen4 whichever occurs first Buyer's notice declaring this Agrecrnent said must be in writing; tlmrcaf r all dePmit moni
5 (D), In returned
ve to
nt tM Buyer. association has the right do buy the Pra : es will k
5110 0 501 party
508
Buyerforall monies paid by Buy aonacnuntofpurchasepnceand f foranyfcostalncu dby Buyeafor (1)aTill, taearch titre insurance nlald/on ,510
511^ mahmia fen insurance, or fee or cancellation of same, irony; (2) Fl o od insurance and/orFire insurance with ex
512 sidence insurmce, Or fee or cancellation of same, if an
tended coverage, mine sub- Ito
513 23. 1, MAINTENANCE & RISK OF LOSS (1-02) Y: (3) Appraisal fees and charges paid in advance to mortgage lards, if any. - - 512
514 (A) Seller will maintain the Property, grounds, fixtures, and n
Y Personal prop ifclallly y 1
515 wear and tear excepted erty specific scheduled herein in its 513
516 ? present condition, nomW 514
(B) In the overstay system or appliance included in the sale of the Property fails and Sellerdom not re511 notify Buyer in writing of Seller's choice to: I? " 515
510 Pmr or replace the Item, Seller will promptly 516
1. Repair car replace the failed system or appliance before settlement or credit Buyer at setterent for the fair market value of the failed sys- 510
519 tan or appliance (this Option must he acceptable to the mortgage Jim&,,,if n o 511
520 the RELEASE set forth in ara Y)? each: case Buyecacceptsthe Property and
521 2. ' Na repair graph 25 of this Agreement, OR agrees to 519 520
522 bra= in;:n•:. 2. , Parr or replace the failed system or appliance, and not credit Buyer at seWementfor the fair market Who of the failed system or 521
,appliance: IESeller dom not repair, replace or offer. credit for the failed system or appllnco,pr ifSeliee fails to notify Buyer ofSeger's .522
523 "q t choice, Buyer wfil notify Sella in writing within
Its - r I I '''.: ? a Ternfm ih thisparty and.agm w the RELEASE wtf nit p=gaph25 of ntis Agcreemen4 ORf, , I w; ye: ,
5L5nt4 1 I bLba: +: ':. 513
525: ?,. t II ,-... greement in which case all depositmonim paid on account ofpurch e price will be returned p d p . , 524
,: and dds Agreement will be VOID,' romptly to Buyer:,, 525
521 (C) Seller will bear risk of loss from fire or other casualties unfit time of.ctdcmcnt o the even[ of damage by fire or other casualties to my prop-, 527
520 erty included in this sale that is not re 525
529 Paired replaced prior o Of settlement, Buyer will have the option rescinding this Agreement and 528
530 Promptly receiving all monies paid on account o of purchase price or Of accepting the Propmyii¢ie then condition tion together with the
of any insurance recovery obtainable by Seller. Buyer is hereby notified dust Buya may insure Bu's 531erI ;»., the. time of==no.a. of thisA proceeds 529
532.r 24.,, W greenxnL: ., ? Y equitable interest in this Property as of 538
AIVER OFCONTBVGENCIES.(1-02).- -..I :. :. ? i i 531
53011, Il;'E this;
Agreement is contingent on Buyer's right o its et ,:
534 the time limits set forth in this Agreement will comshlule a WAIVER of thaProperty, Buyars t contingency failure e exercise -532
535 RELEASE self forth in paragraph and Buyer accePls hany e Property roBuyer's agree to the 533
535 25. RELEASE (1-0 2) 25 of this Agreement . emdagramo the (W
536
531 Buyer hereby eel - I ,• 535
538 eases, quit tours and forever discharges SELLER, ALL BROKERS, their LICENSEES,` 536
CER or PARTNER of any one of than and any other PERSON, FIRM, or CORPORATION who my, ha EMPLOYEES, and
539 any and all mp•, from 531
elainu, Iosses or demands, including, but not limited to, BablebY;he cons
ugh Boom, from 530
540 of, whether now known or not, which ma personal injuries and property dng heals, ra of µe con aseel paint th is 530
541 aNa, envhonn4ental It she from the on-lot a ledtos l other woodficie Insals; radomI Imd-
aBush; any
the defects i n Property. .ndiridud on ataewge disposal system or declmciat in:the on site.watabservice hem- 540
5uvitcf i:yor any, defals or condloms n the - Should Seller he in defaWt under the terms or IldsAgreemmt, this release does not deprive 542
Sal . BgyerMany right to pursue any system, S41
544 26. REPRFSENTATIONS(1 2) rergedia that may be available under law or equity..:Thls release, will Survive,sel'Iemen4 :.iSO
545 (A) Buyer unclor nds that any mpmsemafons, claims, advertising, promotional activities, brochures or plans otany kind m ilelby.Seller, Brokers, 545
545 them licensees, employees, o0icers, or 544
541 Posher understood that this A Partners arc not a pn of this Agreernca[ unless expresslym.
541b,".0 ia'•: greement contains the whole -mpomted re other this Agreement is 545
7covrnam, representations, sediments or conditions oral as eedleelll between Sella kind Ruyan concerning are no no terms, obligations, 541
549 Agreement will ma be all hers in of ny.kxmut whatsoever concerning this sale. Furthermore, this 598
erect, amended, changed. or modified except in writing examed by the parries,
(B) It is understood that Buyer has Inspected the Properly.Mfore sighing this. Agreemnt(including-fixtures and an
551 apaiBcyly schedulM herein), or has waived the cl t to tlo 549
552, 1
Sso :inilrtotherwlsly Sche In Bh so, and has agreed to purchase the property in its pimm, cauidit(n unless 551
553 - tim.Agrcement. Buyer acknowledges that Brokers, their Bceoaees, eatPloyema officers or partnerachave "47"191 om Independent examination ordetednition ofthestructural soundness of the,ProOf the OMPOnnol. made l-553
554 mamental conditions, the whom the Pthe imge orcondi situated; nor 555 mechanical ins permitted uses, or of conditions existing in the locale whom the Properly is situated; nor leave lhemade a 554
555 (C) ? re Potion of any of the systems contained thereo.i'i':.-:. ,
Y pairs required by this Agreement will be completed in a workmanlike mnnet 555
552, in ,,,tDX'Bmker(s) may perform: services to.assol unreprrsentcd
558 (E) The headin s, ca lions, n Pnt in complying with the terms t t this A 550
g s, J line numbers in this Agreement are meant only to make it easier to find gthe reenwav.?„ ?' " )1 551
559 27. DEFAULT (1-02) 5
Paragraphs
560 (A) Sella has the option of meaning all sums paid by Buyer, includin the de - I 650
61
561 1. Fail to make any additional 8 posh monies, should Buyer 560
502. Payments as specified in paragraph 3; OR
2. Fundsh false or incomplete information to Seller, Broker(s), or the mortgage lender, if any, concerning Buya's legal or 563 m (ail m 551
554 cooperate in the Processing of the mortgage loin application, which acts would result in the failure to obtain the appro al of a 562
mortgage oar commitment; OR approval of a 565
565 3. Violate or fail to fulfill it
555, an Pat.= any other terms or conditions of this A I
569
(B) Unless otherwise checked in ara gsumpa 565
561 P graph 27 (C), Seller may elect to retain those sums paid by Buyer, including de
che
following cons of deposit monies, in one of the sys
568 L On azoun of purchase price; OR
No 2. As nbnies e M 561
510 mmfioSefer's damages: OR 't , . 560
3. As liquidated damages for such breach. t "
511 (C) Sella is limited to retaining sums paid by Buyer, including de : 569
512 If
Ilse rceim all sums posit monies, n liquidated damages. 510 paid
including
it mon
ted 513 will be mleased from further liability or obi gati on andathis Agreementgwi IoM VOID. pursuant to 511
514 28. MEDIATION (7-96) paragraph 27 (B) or (C), Buyer and Sella 512
515 ? NOTAVAILA13LE 513
518 WAIVED Buyer and Seller understand that they may chase to mediate at a later date, should a dispute arise, but that [hero will be no obi- 516
521 .tin an the 515
B part of any party to do so.
518 ? 'ELECTED 518
SIB (A) Buyer and Seller will 537
550 uy to resolve any dispute or claim that may arise from this Agree and Procedures of the Home ShcasMome Buyers Dispute Resolution System. Any a meat though mediation, is aceotdnre with the Ruler 519
591 signed by the
502 Parties will be binding.
Y 8reement reached through a mediation conference and 500
(B) Buyer and Sella acknowledge that they have received, read, and understand the Rules and Procedure of the Home SelleraMome Buyers 502
503 Dispute Resolution S stem 581
504 Y (see Mediation Notice). 583
585 (C) .sTlus';agrament to mediate disputes arising from this Agreement will survive settlement.
J
586 Buyer Initials: 1 05 589
A/8-2K Page 7 of 8 585
- Shccr lnldals: D_? 1
__?6 SBfi
582 29. SPECIAL CLAUSES (1.02)
sea (A) Tlm following arc par/ or this Agreement if checked: 582
589 ? Sale & Settlement of Other Pro rl 588
596 Pay ? Settlement of Other Property Contingency Addendum (PAR Form SOP) 589
Contingency Addendum (PAR Form SSP) ? Ten°?n1QccuP d Proppdy Addemlu &1A4
rm TOP 5s0
591, 2 ? Sale & No C
mcm on'nuc Mr.Pmperty Contingency ryr ?,}[ fJ7 / } 1(s N f,,I O(
59
wnh a Marketing Addendum ?7?- -`'-"H- r'I IY,I/`1T( n 591
593 (PAR Form SSP-CM ... .
592
594, ?..(B) _(/1IM `Ind ?? '?I {I 593 594
592 '?.V?-.. OVICL W1 595
59
5 5 597
599 598
`- p /J 1J6'?) ?? ?/?
Iv?--/ I/?,,s /IC?/Gn/' ?Jy?/?/CIC?
606 601 / /fl/??? /'iG%l. 6a0 11
601
6m Buyer and Seller acknowledge receiving a copy of this Agreement at the time of signing. 603
604 503
605 NOTICE TO PARTIES; WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT, Return by facsimile transmission (FAX) of this as
606 Agrel°enl, and alladderMa, bearing the signatures ofall parties, coostitutes acceptance oflhispgreeneent. Parties to this transadlonam advised 606
502 to conmlt an altunrey before signing If they desire legal advice.
606 60
6
606 Buyer has received the Consumer Notice as adopted by the Slate Real Estate Commission at 49 Pa. Code §35336. 608
610 Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement 609
6/t Buyer has read and underemnds the notices and explanatory information act forth in this Agreement 610
611
613 Buyer but received a Seller's Properly Disclosure Statement before signing this Agreement, if required by law (see information Regarding 612
613 the Real Estate Seller Disclosure Law). . . 613
614 YBuyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before signing this 614
616 „ :d? A(peemenL
615 _
6D BUYER'S MAILING ADDRESS; ) 616
610
618
619 BUYER'S C CT NU _ 618
620 IS : ,.
621 • WfTNFS.S.. n 619
622 BUYER 620
623 SS# DATE 622
624 WITNESS .. 622
525 BUYER 623
625 SSM DATE 624
626 WITNESS 625
626 BUYER 626
629 SSS ... DATE 622
629
00 Seger hyeby gppmves the above contract Ihia (dam) 629
631 and in emnderehon of the servnces rendered in procuring the Buyer. Seller agrees to pay the maned Broker for Seller a fee of _ 630
02 Oil" We herein specified We price. In the event Buyer defaults hereunder, any monies paid on account will bo divided 631 632
633 Seiler, , Broker for Seller, but in no event will the sum paid to the Broker for Seller clceed'Ne above apecjfied Broker's fee, 633
634
63e „0,;,?' ?'eceived the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Cade §35336. 634
received a statement of Seller's estimated closing costs before si 635
11, 13 Seller hasread'ond nrodentends the notices and explanatory information s3el forth nAlhisA mL 06
638 greemenL 638
09 SELLER'S MAILING ADDRESS: 06
NO _ 639
541, SELLER'S CONTACT NUMEEI
642'. .,,. -
643 WITNESS
611
645 WITNESS
648
II ..
SELLER A• i1y C•7?rvi/ DATE -I 'Op
SSg
SELLER,,/ j-9P,n0 a Lo rT) J`W._ DATE 2-
I S- U
S
56
649 mWITNEiSS
650 SELLER
DATE',..
ut S58
GSZ' a r''dlL c meets' Certifications (check all that are applicable):
?, , r Regaedlrrg Lead-Based Paint Hazards Disclosure: Required H Property seas built before 1978: Thee
thi undersigned Licensees involved in
666 's Ornamentation, on behalf'of themselves and their brokers, certify that their statements are
05n u '
656 l°sG1 ;fi ,
we to the best of meta knowledge and belief.
Ackmowkygemenl: The litenaeesinvolved I. this o"aedou have infbmrpd Sellcrof Seer's obligasoru uride'Ib 'Resideo
658 6alLead -B ated '
Paint Hazard Reduction Ac4 42 U:S.C. §4852(4), and are aWam of their responsibility m ensure compliance. ..
IN ? Regarding PHA Mortgages: The undersigned Licensees involved in this mensnamn, on behalf of themselves and their brokers,
6" the temp of this cause, for certify that
666 with d's purchase arc We m the best of their knowledge and belief, and that any other agreement enured into by any of
these genies in connection with Uds sansxtion is attached to this Agreement.
fi61
662 ? Regarding Mediation: The undersigned ? Brokcr for Seller ? Broker for Buyer
60 Paragraph 28 of this Agreement agree to submit to mediation in accordance with
.
664
666 BROKER
tNawe) FOR SELLER (cq-..y Name)
6" ACCEPTED BY
667 DATE
668 BROKER'FORB party Name)
659 ACCEPTED
680
631
640
641
642
643
644
615
146
648
646
649
650
651
652
653
554
655
656
653
658
659
660
661
662
663
Us
665
666
667
669
659
680
671
EXHIBIT B
PRE-SETTLEMENT WALK-THROUGH
INSPECTION
DATE OF SALES
and have detemrined W their
if execution of the Agtsevim
The Buyer(s) acknowledge ection that all non-real
the time of inspection and and all futures estate extra as attlined in the Agreement of Sale were on the
7be Premises at
if following items were nosed r NOT were being in in sati place sf and Functioning.
conditioning. tion but were accepted in "AS IS"condition. (Indicate
if "NONE.) 77te Buyer(s) have received copies of all req
warranties are included unless specifcall tDdiceted on tgeu? certifications an! inspections and
y understand that non
of Sale have been satisfactorily met written report. All terms and conditi ons in the Agreement
The following items were noted as NOT being in satisfactory condition and NOT ACCEPTED by Buyer(s). Agreement
for resolution is as follows:
In the cue of an FHA insured or VA4u? a but purchase, this certification shall neither supersede nor su lant the
requisite insPection
shall supplement s9me pp
Buyer(s) warrants that the
quit claims, and forever t
any one of them and any
clauns, losses, or demand
which may In nu, m to,
Seller, Agent orBroker, and hereby releases,
3. employees, and any officer or partner or
liable by or through them from any and all
equences thereof, where Dow known or not,
.....?; ..H .? I ., 4T.I Buyer. ??}}
'L)
Witness: Date:
Bnyer
Darr.
Seller(s) have been advised of the results of Buyer(s) inspection and agree to exceptio
Witness: ns or resolutions noted herein. Y-
Setter:
Witness:
Setter:
Seller's forwarding address.
New Telephone Number':
AHGHEN
REALTOR ERA
Date:
Date:
INSPECTION WAIVER [Complete this section ONLY if inspection is waived b
I (We), the undersi Y the Purchaser(s))
?? We hereby byt deBuyercline (s) and of wathe abovetaptioad property. have been advised of our right to ins;octim and an of t the
c er di ive our ri to such em and and mforay oth r Seller(s) Seller(s).AAgents So IoYeas. am am o Chu
Of
losses. or demands. 'D= p?ytj ? ? who tr o uk Oy or thtouylt them, ? qp?!
maY arise due to the condition of the subject property. C4xquertoes thereof, where now
wltnew Bnyer.
tner or and alclaims..
Oa or not, which :
whisess: Date:
Bayer:
Date: -
Rev. Leo
CERTIFICATE OF SERVICE
AND NOW, this 20th day of November, 2003, I, Mary M. Price, an employee of Hanft &
Knight, P.C., hereby certify that I have served a copy of the Answer by mailing the same by
United States mail, postage prepaid, to:
Kirk S. Sohonage, Esquire
Saidis, Shuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
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JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
S143
No.: 03-5493 Civil Tenn
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
REPLY TO NEW MATTER
AND NOW, comes the Plaintiff, Justin Squires, by and through his undersigned
attorneys, Saidis, Shuff, Flower & Lindsay, and files the within Reply to New Matter:
62. Denied. The averment contained in Paragraph 62 of the Defendants' New
Matter is denied to the extent that it attempts to characterize the language of an Exhibit to
the Complaint, which is a written document that speaks for itself.
63. Denied in part. It is admitted that the Plaintiff opted not to obtain a home
inspection, but such decision was made in reliance upon the Defendants' fraudulent
misrepresentations as to the condition of the home.
64. Denied. The averment contained in Paragraph 64 of the Defendants' New
Matter is denied to the extent that it attempts to characterize the language of an Exhibit to
the Answer, which is a written document that speaks for itself.
SAIDIS
SNUFF, FLOWER 65. Denied. The averment contained in Paragraph 65 of the Defendants' New
& LINDSAY
ATMPMYS•AT-LAW Matter is denied to the extent that it attempts to characterize the language of an Exhibit to
26 W. High street
Carlisle, PA the Answer, which is a written document that speaks for itself.
66. The averment contained in Paragraph 66 of Defendants' New Matter is a
conclusion of law to which no response is required. To the extent that a response is
deemed necessary, the Plaintiff denies such averment and demands strict proof thereof.
67, Denied. The averments contained in Paragraph 67 of the Defendants' New
Matter are denied to the extent that they attempt to characterize the language of an Exhibit
to the Answer, which is a written document that speaks for itself.
68. Denied in part. It is admitted the Plaintiff did complete a pre settlement
walk-through inspection of the home on October 31, 2002; to the extent the Defendants are
attempting to characterize the language of an Exhibit to the Answer, which is a written
document that speaks for itself, the Plaintiff denies the same.
WHEREFORE, based upon the Defendants' violation of the Pennsylvania Unfair
Trade Practices and Consumer Protection Laws, Plaintiff respectfully requests this
Honorable Court dismiss the Defendants' New Matter and enter judgment against the
Defendants for actual damages, punitive damages and restitution in the amount of $18,766,
plus treble damages, attorney fees, interests and costs of prosecution.
Respectfully submitted,
SAIDIS SHUFF FLOWER & LINDSAY
SAIDIS
SHUFF, FLOWER
& LINDSAY
AWOWNEYS•AMAW
26 W. High Street
Carlisle, PA
Date: 12 y- 1+3
By:
Kirk S. Sohonage, Esquire
Attorney I.D. #77851
26 West High Street
Carlisle, Pennsylvania 17013
Phone: 717.243.6222
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the REPLY TO NEW MATTER are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904, relating to unworn falsification to authorities.
DATED: X 2/9/03 I A-in
stin Squire
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-5493 Civil Term
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
CERTIFICATE OF SERVICE
On this. day of J?ecer ber 2003, I, Kirk S. Sohonage, Esquire, hereby certify
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORMYS•AT•LAW
26 W. High Street
Carlisle, PA
that I served a true and correct copy of the foregoing REPLY TO NEW MATTER via
service by the Cumberland County Sheriff's Department addressed as follows:
Daniel C. Bier and Stephanie M. Bier
C/o Michael J. Hanft, Esquire
HANFT & KNIGHT, PC
19 Brookwood Avenue
Suite 106
Carlisle, Pennsylvania 17013
SAIDIS, SHUFF, FLOWER & LINDSAY
By: ?
Kirk /.S/OhLonage, Esquire
CJ
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05943 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SQUIRES JUSTIN
VS
BIER DANIEL C ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BIER DANIEL C
the
DEFENDANT , at 1050:00 HOURS, on the 14th day of November , 2003
at 760 BURNTHOUSE ROAD
CARLISLE, PA 17013
by handing to
STEPHANIE M BIER, WIFE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this id `z day of
?9 prothonotary
So Answers:
ray 5. ,. ,? ,.,p
R. Thomas Kline
11/17/2003
SAIDIS SHUFF FLOWER LINDSAY
By: 47
Deputy She
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-05943 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SQUIRES JUSTIN
VS
BIER DANIEL C ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BIER STEPHANIE M the
DEFENDANT , at 1050:00 HOURS, on the 14th day of November , 2003
at 760 BURNTHOUSE ROAD
CARLISLE, PA 17013
by handing to
STEPHANIE M BIER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /p ea day of
A.D.
rot onotary '
So Answers:
R. Thomas Kline
11/17/2003
SAIDIS SHUFF FLOWER LINDSAY
By:
Deputy Sheriff
JUSTIN SQUIRES,
Plaintiff
V.
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
5V
No.: 03-'a"9 Civil Term
Civil Action - Law
Jury Trial Demanded
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Kirk S. Sohonage, Esquire, counsel for Plaintiff in the above action(s), respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is below the arbitration limits.
The following law firms are interested in the case as counsel or are otherwise disqualified to
sit as arbitrators:
1. SAIDIS, SHUFF, FLOWER & LINDSAY
2. HANFT & KNIGHT
WHEREFORE, your Petitioner prays your Honorable Court appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
SAIDIS
SHUF$ DFLOWER IS BY
& LINDSAY Kirk S. Sohonage, Esquire
AWORNEYS•AT•LAW Supreme Court Id. # 77851
26 High Street
26 West High Street
Carlisle, P PA A
Ca
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
G:J
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JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
43
No.: 033-Civil Term
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
ORDER OF COURT
AND NOW, this day of , 2004 is consideration of the foregoing
Petition for the Appointment of Arbitrators:
®? t
Esquire
?2CIC? Esquire
Esquire
are appointment Arbitrators in the above-captioned action(s) as prayed for.
BY THE COURT,
SAIDIS
SHUFF, FLOWER
& LINDSAY
ArroRMYS•AVLAW
26 W. High Street
Carlisle, PA
?/^ P J
?lIN
61 .r I'cI E- kl ha0Z
n:dhlOU'.OUd :Hl -0
J vS?fN SQ?r2,?S
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V • NO. ClV/t TERM
A,?tt(IrL C. lilF-r2 akrQ .
sr EPK Nt? n. &,EA
OATH
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this
our office with fidelity.
that we will discharge the duties of
r
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately stated.)
`i cx dG?IE'N?" ?R ?rlF ?OEF?+v/J.h'N ??,
Date of Hearing:
Date of Award:
dissents. (insert
NOTICE OF ENTRY OF AWARD
Now, theQZP??day of J , 2QO*, at [L17 , AM., the above award
was entered upon the docket and notice thereof given by to s : eir attorneys.
Artibitrators'compensation to be
Paid upon appeal: Pmthonota
$ 290.00 By:
Deputy
rn,?kx LS-CL -4-?
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5943 civil Term
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
appeals
Notice is given that Justin Squires
from the award of the board of arbitrators entered to this case on
June 28, 2004
A jury trial is demanded 0. (Check box if a jury trial is demanded. Other
wise jury trial is waived.)
I hereby certify that:
1. The compensation of the arbitrators has been paid, or
2. Application has been make for permission to proceed in forma pauperis.
(Strike out the inapplicable clause
or Attorney for Appellant
NOTE: The demand for jury trial on appeal
from compulsory arbitration is
governed by Rule 1007.1 (b),
(b) No affidavit or verification is required.
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JUSTIN SQUIRES, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
,qy3
No.: 033499 Civil Term
V.
Civil Action - Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
COME NOW Counsel for Plaintiff, Saidis, Shuff, Flower & Lindsay, pursuant to
Rule 1012 (d) (1) of the Pennsylvania Rules of Civil Procedure, and in support of their
petition aver the following:
1. Petitioner undertook representation of the Plaintiff, Justin Squires, on or
about June 6, 2003, pursuant to a written fee agreement, a copy of which is attached hereto
as Exhibit "A."
Z. Plaintiffs claims were handled by attorney Kirk S. Sohonage, formerly of
Petitioner firm.
3. An arbitration hearing was held on Plaintiff's claims on June 28, 2004, after
which the arbitrators ruled in favor of the Defendants.
4. Attorney Sohonage tiled an appeal of the arbitrators' award on behalf of
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•LAW
26 W. High Street
Carlisle, PA
Plaintiff on July 27, 2004.
5. Attorney Sohonage left Petitioner firm at the end of July, 2004.
6. After joining Petitioner firm, undersigned counsel, on August 27, 2004,
called Plaintiff to discuss his case.
7. Plaintiff advised undersigned counsel on August 27, 2004 that he wanted
attorney Sohonage to continue to represent him.
2
8. As of August 27, 2004 Plaintiff owed Petitioner at least $2,986.09.
9. Between August 27, 2004 and the present, Petitioner has heard nothing
from Plaintiff and has not received any payment toward Plaintiff's unpaid balance owing
to Petitioner.
10. On April 15, 2005 Petitioner's administrator sent a letter to Plaintiff,
attached hereto as Exhibit `B," asking Plaintiff to contact her concerning the status of his
file and his unpaid fees.
11. Since April 15, 2005, Petitioner has had no contact from Plaintiff and no
payment toward Plaintiffs unpaid balance.
12. To the best of Petitioner's knowledge, Plaintiff continues to reside at 327 F
Street, Carlisle, PA 17013.
13. Plaintiff continues to owe Petitioner $2,986.09 for legal services rendered
by Petitioner, as shown by the invoice attached hereto as Exhibit "C."
14. Petitioner's fee agreement with Plaintiff and the Rules of Professional
Conduct permit Petitioner to withdraw from representation of Plaintiff in the event
Plaintiff fails to pay Petitioner's fees.
15. Undersigned counsel has contacted Defendant's counsel ofrecord, William
SAIDIS
SHUFF, FLOWER
& LINDSAY
AT70RNEYS•AT•I?AW
26 W. High Street
Carlisle, PA
A. Addams, concerning the instant Petition.
16. Attorney Addams advised undersigned counsel that he has no objection to
the instant Petition.
WHEREFORE, Petitioner respectfully requests the Court to enter a rule upon
Plaintiff to show cause why Petitioner is not entitled to be granted leave to withdraw as
counsel for Plaintiff, and to grant Petitioner leave to withdraw as counsel for Plaintiff.
Respectfully submitted,
SAIDIS
SHUFF, FLOW?R
& LINDSAY!
ATTORNEYS•AT•LA
26 W. High Street
Carlisle, PA
¢? ;7-V By:
Date: r
LII
I
SAIDIS, SHUFF, FLOWER& LINDSAY
Krian C. Caffrey, Esquire
Attorney ID #42667
26 West High Street
Carlisle, Pennsylvania 17013
Phone: 717.243.6222
Fax: 717.243.6510
Attorney for Plaintiff
4
VERIFICATION
I hereby verify that the facts set forth in the foregoing Petition are true and correct
to the best of my knowledge, information and belief. 1 understand that false statements
herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn
falsification to authorities.
C. Caffrey, Esquire
Date: May 10, 2005
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTORNEYS•AT•
26 W. High Street
Carlisle, PA
LAW OFFICES
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
JOHN E. SLIKE TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
ROBERT C. SAIDIS EMAIL: attorney@ssfl-Iaw.com
GEOFFREY S. SHUFF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
MATTHEW J. ESHELMAN t
KIRK S. SOHONAGE
THOMAS E. FLOWER
LINDSAY GINGRICH MACLAY
JACLYNI M. SMITH
June 6, 2003
Mr. Justin Squires
'327 "F" Street
Carlisle, PA 17013
Dear Mr. Squires:
WEST SHORE OFFICE:
2109 MARKET STREET
CAMP HILL,. PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
REPLY TO CARLISLE
You have asked our law firm to act as your attorneys in the property litigation matter. This letter sets
forth the agreement concerning our representation of you. This agreement shall become effective upon
our receipt of a countersigned copy of this letter and the retainer fee. We cannot undertake to do any
work on your case until we receive this agreement letter signed by you and the retainer fee.
G400, o sS
1. You hereby agree to pay our firm a retainer fee of $+694:00 which is paid to us for the
purpose of assuring our availability in your matter. Your retainer fee will include the initial
consultation and the balance will be credited to your account for services to be performed in
the future.
We will apply your retainer against time expended on your behalf, and at such time as that
amount is exhausted, you will be billed regularly for additional time expended. We will ask
you to replenish the retailer in an amount appropriate to the work remaining.
The basis for our fee is the amount of time spent on your matter, It is impossible to
determine in advance the amount of time that will be needed to complete your case. Our
billing is based on an hourly rate of $175.00 per hour. This hourly rate will prevail until
December 31, 2003, after which, due to rising costs and overhead expenses, the hourly rate
will be subject to increase in accordance with the then existing hourly rate schedule. We will
bill you periodically on a time-expended basis. Although we do send itemized bills as a
matter of course, we also maintain in our office records of time used for conferences,
telephone calls, electronic communications, drafting documents, research, court time, and if
necessary, travel time. These records will be available to you upon request. Fractions of
hours are computed in period of not less than two-tenth (02) of an hour and the interruption
of other work is taken into consideration. If some of the work on your case can be done by a
paralegal assistant or by a law clerk, whose hourly time rates are substantially lower than
mine, to the extent that their time is utilized, the overall fee will be lower. You will not be
billed for clerical or secretarial time. If it is necessary to prepare interrogatories, pleadings,
agreements or similar legal documents on your behalf, there will be a base charge for such
pleadings or agreements, plus an hourly rate for amendments and revisions. For the
Mr. Justin Squires
June 6, 2003
Page 11
preparation of certain documents, you will be billed on a flat rate basis rather than a time
expended basis.
We expect you to keep current with our billings. We reserve the right to terminate our
attorney-client relationship for non-payment of fees or costs. Interest shall accrue on all
unpaid balances at the rate of 1.5% per month after 30 days.
4. "Costs" are our out-of-pocket expenses, such as filing fees, transcripts, photocopies, long
distance phone calls and, if necessary, appraisals and accounting fees. Costs will be billed a
periodic basis.
5. PRIVACY POLICY: During this firm's representation of you, we may receive nonpublic,
personal information from you or from other sources about you. It is our policy and practice
that our attorneys and staff do not at any time reveal information relating to our representation
of you unless you consent after consultation, except for disclosures that are impliedly authorized
to carry out the representation, and except for disclosures required or authorized by the
Pennsylvania Rules of Professional Conduct.
6. Please date and countersign this agreement and return the original to us, together with the
retainer, in the enclosed return envelope, so that we will have a mutual memorandum of our
understanding. You should retain the copy for your file.
Very truly yours,
SAIDIS, >HUF , LOWER & LINDSAY
Kirk S. Sohonage, Esquire
KSS: ahg
Enclosure
Mr. Justin Squires
June 6, 2003
Page III
ACCEPTED this io`n' day of , 20
Ju n Squires
LAW OFFICES
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SLUFF
JAMES D. FLOWER, JR
CAROL J. LINDSAY
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
MATTHEW J. ESHELMANt
THOMAS E. FLOWER
JACLYN SMITH
SAIDIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@ssfl-law.com
www.ssfl-law.com
April 15, 2005
Mr. Justin Squires
X27 "F" Street
Carlisle, PA 17013
RE: Matter at Saidis, Shuff, Flower & Lindsay
Pear Mr. Squires;
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
teourd Certified creditors'
Rights Representation
REPLY TO CARLISLE
I am contacting you today in an effort to determine the status of your file. You were contacted in August
2004, by Attorney Brian C. Caffrey in regards to your file. At that time, you indicated that you wanted to
continue with attorney Sohonage who had left our firm.
You were advised, at that time, that you had an outstanding balance with the law firm of $2,986.09. Since
this time, we have not heard from you or had a request from you to have your file transferred to another
attorney or law firm.
I would like to bring closure to this matter but I need to hear from you in regards to what course of action
you have chosen. I need to know your intentions concerning the prosecution of this file, either by
requesting the file be returned to you in it's entirety, or having another attorney contact us requesting the
file on your behalf. In either situation, I anticipate the law firm filing a motion asking for relief from the
court to remove Saidis, Shuff, Flower & Lindsay as the attorney of record.
Secondly, I need to address the outstanding balance you have with the law firm. If you are unable to pay
this balance in full, I can offer you the ability to make payments towards your outstanding balance. If you
would like to do this, you will need to contact me to make these arrangements.
Please contact me at your earliest convenience. 1 can be reached at 717-243-6222.
Sincerely,
urginia R. Wentael
Law Firm Administrator
Saidis, Shuff, Flower & Lindsay
JOHN E. SLIKE
ROBERT C. SAIDIS
GEOFFREY S. SHU FF
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
13RIAN C. CAFFREY
GEORGE E DOUGLAS III
MA7T1 7EW J. ESHELMAN'
THOMAS E. FLOWER
LINDSAY GINGRICH MACLAY
JACLYN M. SMITH
Justin Squires
327 "F" Street
Carlisle, PA 17013
Our file# 6217
Invoice# 18565
031409
EIN:25-1694606
RE: Property Litigation (General)
Balance forward as of invoice dated
October 6, 2004
September 2, 2004
Payments received since last invoice
Accounts receivable balance carried forward
TIMEKEEPER FEE RECAP
Lawyer
Billing Summary
Total of new charges for this invoice
Pljas net balance forward
Total balance now due
$2,986.09
$0.00
$2,986.09
$0.00
$2,986.09
$2,986.09
Amount
PRIVACY POLICY: During this firms representation of you, we may receive nonpublic, personal information from you or
from sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating
to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry
out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct.
Interest at 1 1/2% per month on unpaid balance after 30 days.
SAIDIS, SNUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 FACSIMILE: (717) 243-6486
EMAIL: attorney@ssfl-law.com
www.ssfl-law.com
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
'JELEPHONE: (TI7) 737-3405
FACSIMILE: (717) 737-3407
t4 oerd CenGfwd Creidihss'
Riglrty Representatlon
REPLY TO CARLISLE
Hours
JUSTIN SQUIRES, : THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
No.: 03-5493 Civil Term
V.
Civil Action -Law
DANIEL C. BIER, and
STEPHANIE M. BIER, his wife,
Defendants Jury Trial Demanded
CERTIFICATE OF SERVICE
On this day of May. 2005, I, Adele Group, hereby certify that I served a true
and correct copy of the foregoing PETITION FOR LEAVE To WITHDRAW As COUNSEL via
United States Mail, first-class, postage prepaid addressed as follows:
Justin Squires
327 `F' Street
Carlisle, PA 17013
William A. Addams, Esquire
27 West High Street
PO Box 261
Carlisle, PA 17013
SAIDIS
SHUFF, FL0WV R
& LINDSAY
ATTORNEYS•AT•I,A
26 W. High Street
Carlisle, PA
Saidis, Shuff, Flower & Lindsay
Adele Group
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JUSTIN SQUIRES, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIEL C. BIER AND
STEPHANIE M. BIER, HIS WIFE,
DEFENDANTS 03-5943 CIVIL TERM
ORDER OF COURT
AND NOW, this ?2i day of May, 2005, a Rule is entered against
Justin Squires to show cause why counsel should not be allowed to withdraw. Rule
returnable ten (10) days after service.
By,the
iEdgar B. Bayley, J.
03?rian C. Caffrey, Esquire
„J6stin Squires
327 'F' Street
Carlisle, PA 17013
?Willlam A. Adams, Esquire
05ha-05
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Curtis R. Long
Prothonotary
office of the i3rotbonotarp
Cumberlortb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
() 3 _ q3 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573