HomeMy WebLinkAbout03-6631
COMMONWEALJ-H OF PENNSYLVANIA
! COURT OF COMMON PLEAS
!
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT ,JUSTICE JUDGMENT
COM",()"'."_LE~.~O:._Q!LJ, (;;11__
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the Judgment rendered by the District JU.>tice
on the date and in the case mentioned below.
NAM. OF .l"~e:I..I..ANT
Kristi L. Dodge
;:C;-C~S OF A.""E;:Lt.A.NT
env
r"o~~T~ :~~O'-N^ME ~ DL
STAT'"
%,P COOl!;
520 Walton Street
~yne___.
PA
17043
DA.TE Of' JUOGMENT
IN T....l!t CA'lIl: OF .'1-', ",.";
,;),'
12/17/03
CL....IM NO.
v>. Theodore Nutaitis and Kristi L. Oodge
l=NAT"~~~DJn~D;d~
This block will be signed ON L Y when this notatrorr is required under Pa r
If appellant was C/2umant (see Pa. R. C.PJP.
R.C,P.J.P. No. 1008B.
J No 1001r6) In action berore D,stnct Justice. he
This Notice of Appeal. when i'eceived by the 015tllct ustlce, will operate as \
a SUPERSEDEAS to the judgment for possession in this case. I MUST FILE A COMPLAINT within twentv (20)
I days aftN filinY}J1s NOTICE of APPEAL.
Signature of Pro thono tarv Or Deputy
CV19
LT 19
03-0000569
Eugene F. Eagle, Jr.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant waS DEFENDANT (see Pa. R.C.P.J.P. No. /001(1) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
D"2~
(Common Pleas No. ~
Eugene F. EagJ.e, Jr. , appellee(s), to file a complainl in this appeal
ct' 31 Name of appeI1ee(s)
~_ within twenty (201 days after s~r~f ~r "')r en~ i"Jment of non pros.
S,:qnatu," of appellanu'tocnev 0' agent
RULE: To
f.'ugene F. Eagle, Jr.
Name of appellee(sj
. appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days
'ter the date of service of this rule upon you by personal service or by certified or registered mail.
.." If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST
'QAECIPE.
,I service of ~hls rule if service was by mail is the daB! f mailing.
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; 5S
AFFIDAVIT: I hereby swear or affirm that I served
o
a copy of the Notice of Appeal, Common Pleas No.~__. upon the District Justice designated therein on
(date ofserviceJ ,19~, 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the ilppellee, (name)__ _____~___~~ __.._ _____ _. on
,19 -[J by personal service [l by (certified) (registered) mail, sender's receipt attached hereto.
o
and further that I served the Rule 10
whom the Rule was addressed on
mail, sender's receipt attached hereto,
File a Cornpl<lim accompanying the above Notice of Appeal upon the appel!eefs) to
,19~_, 0 hy personal service [J by (certified) (registered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19_,
Signature of affiant
Signature of official before whom affidavit was made
My commission expires on
.19_.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
I .
Mag_ Ol$t. No
09-1-01
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINT1FF: NAME and ADDRESS
'EAGLE JR, EUGENE F I
710 SECOND STREET
NEW CUMBERLAND, PA 17070
L ~
VS.
OJ Name Hon.
CHARLES A. CLEMENT, JR.
i\ddress 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
DEFENDANT: NAME and ADDRESS
INuTAITIS, THEODORE, ET AL.
PO BOX 271
EAGLES MERE, PA 17731
L
I
KRISTI L. DODGE
520 WALTON STREET
LEMOYNE, PA 17043
Docket No.: CV- 0000569 - 03
Date Filed: 10/30/03
.J
-
!\\
nils IS TO NOTIFY YOU THAT:
Judgment:
FOR PT.1I.TNTTFF
[!]
[!]
Judgment was entered for:
(Name)
Rl\.r.r.J;; .TR, RTTr.RNF. F
Judgment was entered against: (Name)
DODGR, KRTS'I'T r.
in the amount of $
6,11'L<;0 on:
(Date of Judgment)
1?/17/01
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 5,440.00
$ 123.50
$ .00
$ 750.00
$ 6,313.50
O Amount of Judgment Subject to
Attachment/42 Pa.C.S.1:j 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
I
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MI;ST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
,XCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
El ~CTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
Of COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
INLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGIIIENl MAY FILE
A IEQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DESTOE} PAYS IN FULL, SETTLES,
o . OTHERWISE COMPLIES WITH THE JUDGMENT.
<~c 1 7 20n3
Date
~Q.~.~.
, District Justice
. , that this is a true and correct copy of the record of the proceedings containing.the judgment.
Date
, District Justice
~xpires first Monday of January. 2008
SEAL
DATE PRINTED: 12/17/03
3:23:27 PM
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EUGENE F, EAGLE, JR
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: NO. 03-6631
: CIVIL ACTION - LAW
v.
THEODORE NUTAITIS and
KRISTI L. DODGE,
: JURY TRIAL DEMANDED
Defendants
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.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013-3308
(717) 249-3166
EUGENE F. EAGLE, JR
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY
Plaintiff,
NO. 03-6631
v.
THEODORE NUTAITIS and
KRISTI L. DODGE,
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
COMPLAINT
AND NOW, comes the Plaintiff, by and through his attorney, Mark K.
Emery, Esquire, and files this Complaint, as follows:
1, Plaintiff Eugene F. Eagle, Jr. is an adult individual currently residing at 710
2nd Street, New Cumberland, Cumberland County, Pennsylvania,
2. Defendant Theodore Nutaitis is an adult individual, currently residing at
PO Box 271, Eagles Mere, Pennsylvania.
3, Defendant Kristi L. Dodge is an adult individual, currently residing at 520
Walton Street, Lemoyne, Pennsylvania.
4. On or about March 1, 2003 Plaintiff and Defendants entered into a
Standard Agreement for the Sale of Real Estate, (attached and
incorporated herein as Exhibit "A") whereby Plaintiff would purchase from
Defendants a home located at 710 2nd Street, New Cumberland,
Pennsylvania.(hereinafter referred to as "the Home")
5. Prior to completion of the sale, Defendants provided to Plaintiff a Seller's
Property Disclosure Statement. (attached and incorporated herein as
Exhibit "B")
6. As part of the Seller's disclosure, Defendants were required to disclose
any water leakage or accumulation within the basement area of the Home.
7, Defendants disclosed only that water has leaked in from an outside storm
door.
8. Defendants made no further disclosure of water leakage or accumulation,
either verbally or in writing, in the basement area,
9. Shortly after taking possession of the Home, Plaintiff suffered substantial
water leakage and accumulation in the basement area of the Home.
10. Such water leakage and accumulation was distinctly different and more
severe than that disclosed by Defendants.
11. It is believed, and therefore averred, that Defendants had both actual and
constructive knowledge of water leakage and accumulation in the
basement area prior to settlement on the Home.
12, Despite such actual or constructive knowledge, Defendants failed to
disclose such material defect to Plaintiff.
13. Plaintiff has determined that substantial remediation will be required to
cure and control this material defect.
14. The fair and reasonable cost to remediate the defect in the Home is
$5440.00.
15. The presence of water in the basement area of the Home diminishes the
value of the Home, both currently and upon resale.
COUNT I
BREACH OF CONTRACT
16. Paragraphs 1 through 15 are incorporated fully herein by reference.
17. All contracts entered into in the Commonwealth of Pennsylvania contain
an implied covenant of good faith and fair dealing.
18. Defendants breached such covenant by failing to disclose all known
material defects in the Home.
19. Due to such breach Plaintiff has suffered damages in the nature of not
obtaining a home he believed to be free from material defects, as well as
the cost of remediation for the Home.
WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter
judgment for him and against Defendants, jointly and severally, in the amount of
$5440.00, thereby requiring compulsory arbitration, plus interest and costs.
COUNT II
NEGLIGENT MISREPRESENTATION
20. Paragraphs 1 through 19 are incorporated fully herein by reference.
21. Defendants made material misrepresentations to Plaintiff regarding the
lack of material defects in the Home by failing to disclose such defects.
22. Defendants should have known that such material defects existed.
23. Defendants knew, or reasonably should have known, that Plaintiff would
rely on such misrepresentations.
,
24. Plaintiff did justifiably rely on such misrepresentations, and has suffered
damages as a result of such reliance.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
judgment for him and against Defendants, jointly and severally, in the amount of
$5440.00, thereby requiring compulsory arbitration, plus interest and costs.
COUNT III
FRAUD
25. Paragraphs 1 through 24 are incorporated fully herein by reference.
26. Defendants made material misrepresentations to Plaintiff regarding the
lack of material defects in the Home by failing to disclose such defects.
27. Defendants had both actual and constructive knowledge of the material
defect in the Home,
28. Such material misrepresentations were made with the intent to induce
Plaintiff to enter into the Agreement for Sale, and accept the Home at time
of settlement.
29. Defendants knew, or reasonably should have known, that Plaintiff would
rely on such misrepresentations.
30. Plaintiff did justifiably rely on such misrepresentations, and has suffered
damages as a result of such reliance.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
judgment for him and against Defendants, jointly and severally, in the amount of
$5440.00, thereby requiring compulsory arbitration, plus interest, costs and
punitive damages.
COUNT IV
UNFAIR TRADE PRACTICES ACT
31. Paragraphs 1 through 30 are incorporated fully herein by reference.
32. Defendants' actions, as set forth above, constitute unfair and deceptive
acts or practices under Pennsylvania's Unfair Trade Practices Act, in that
Defendants:
a. Represented that the Home had characteristics that it did not
have;
b. Represented that the Home was of a particular standard or
quality, when it was not;
c. Engaged in other fraudulent and deceptive conduct, which
created a likelihood of confusion or misunderstanding.
WHEREFORE, Plaintiffs respectfully request this Honorable Court enter
judgment for them and against Defendants in the amount of 5440.00, thereby
requiring compulsory arbitration, plus treble damages, attorney's fees, interest
and costs.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
~~~
..-;>'~~_--z..- .
Mark K. Emery, ESqUir~
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: February 2, 2004
EXHIBIT A
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STANDARD AGREEMENT FOR 1HESALE OF REAL ESTATE AIS -'2K
This 'ilnn rcaJmmcndaJ and a.ppro,," ilr. but notreslrictcd to use bt. members ofthc Patnsylvanill Associalion ofJlEAL'IORSIiD (PAR~
SELLER'S BUSINESS RELATIONSHIP WITII PA LICENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS 'DIE AGENT FOR SELLER.. Designated Agenl(s) for SelIer, if applicable:
OR
Broker is NOT tbe Agent for Seller and i. alaa: o AGEl\'T fOR OUYER o TRANSAcnON'LlcENSEE
BUYER'S BUSINESS RELATIONSHIP WITII PA LICENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS 'DIE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable:
OR
Broker is NOT the Agent for Buyer aod is alan: 0 AGENT FOR SELLER 0 'SUBAGE:o.,.FOR SELLER 0 TRANSACTJON LICENSEE
,
Wben tbe same Broker is Agent for Seller aod Ageot for Buyer, Broker is a Dual Agent. AIl of Broker's licens_ are also
Dual Ageots UNLESS tbere are separate Delilluated Agents for Buyer and Seller. If tbe same Liceosee is designated for
Seller alld Bllyer,the Licensee is a Dual Agent.
M e.lfc....h. \ , 1-t>a.3
I 1. This Agreement, dated.F . -- OM'
2 ~LLER(S)' . \ 1
3 J hecjdo,eJJ. I\JUt-fH .6 .T~ t
.
7
8 2.
9
10
11
12
13
14
15 3. TERMS (1~2)
16 (A) Purchase Price
17
18
19
20
21
22
23
24
25
26
27
. 28
29
30
31
32 (0) At time of settlement, the following will be adju5Ied pro-rata on a daily basi. between Buyer a.nd Seller, reimbursing whOle
33 applicable: taxes (see Information Regarding Tax Proration); Tents; interest on mortgage assumptims; ccndominium fees
PREPARED BY AGENT: N.lson Allan. Owner
AlS-2J< ~ standard Agreement For The Sale Of Real Estate. 01m2. Pennsylvania Association of REAL TORse
COPYRIGHT PENNSYlVANIA ASSOCIATION OF REALTOR54lI2002
RealFASTe Software. C2003, Version 6.12. Software Registered 10: Nelson AUen. Realty Worid Broker NetwQ1(
Buyer(s) Wlals _ 02128103 12:59:29
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, is between
,
J<n5h' L NuJ-ailis
called "Seller," and
BUYER(S):
Ellgei1e.. F E o..3'e, JlCr
caned "Buyer. U
PROPERTY (1-98) Seller bereby agrees to sell aod convey to Boyer, wbo bereby agrees to purcbase:
ALL THAT CERT 10 or piece of ground with buildings aod improvemeots thereon erected, if any, koown as:
,
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County of r io tbe Commonwealtb ofPenosylvaoia, Zip Code
Identi6calioo (e.g., Tax ID #; Parcel N; Lot, Block; Deed Book, Page, Rec:ordlnll Date)
,"\ OlD
$I
\ \~, 000.00
V.s. Dollars
wbich will be paid to Seller by Buyer as follows: . .
I. Cash or check at signing this Agreement: l:i \,DOOdln rl Opr.6\\-
2. Cash Q' check within days ~lbe execution ofthis Agreement:
3.
4.
$
S
S
S
TOTAL S
(B) Deposits paid on account of purchase price to be held by Broker for Seller, unless dherwise staled here:
Cash, cashier's or certified check at time ofseltlement:
(C) SeUer's written approv.alto be on or berore:
CD Settlementto be on ...I u..n e. l, ~C03 , Q' before if Buyer and Seller agree,
(E) Conveyance /Tom Seller will be by fee simple deed ofspeeial warranty unless otherwise stated here:
(F) Payment oflransCet taxes will b_divided equally b<:tween Buyer and Seller unless 6fherwisestated here:
PS9; t of 2.
Sellor(s)lnlti.s QJ
34
3S
36
37
38 4.
39
40
41
42
43
44
45
46
47
48
49 5.
50
51
52
53
54
55
56
57
58
59 6.
60
61
62
63
64
65
66
67
68
69
70
7]
.72 .
, 73
74
75
76
77
78
79
80
81
82
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84
85
86
87
88
89
90
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and 'haneo~er association fees, if any; water andlor sewer fees, if any, together with any other lienable mQ.llicipal sFrvice.
The charges are 10 be pr~rated fur the period(s) co_ed: Seller will pay up to and including the date of settlement; Buyer
will pay fur all days fuJlowing settlement, unless otherwise stated here:
FIXTURES'" PERSONAL PROPER'lY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of liens,
including plumbing; heating; lighting fixlures (including chandeliers and ceiling filIIs); water treatment systems; pool and spa
equipment; garage door openers and transmitters; lelevision antennas; shrubbery, plantings and unpotted trees; any remaining
heating and cooking fuels stored on the Property at the lime ofsettlement; wall to wall carpeting; window covering hardware,
shades and blinds; built-in air conditioners; buil . applian . and the ra gel ven unl!'"5 o' . included:
n . ,
(B) LEASED items (not owned by Seller):
(C) EXCLUDED fIXtures and items:
DA TESJTIME IS OF THE ESSENCE (1~2)
(A) The said date fur settlement and all other dates and times ....eterred 10 fur the performance of any of the obligations of this
Agreement are agreed to be of the essence of this Agreement and are binding.
(B) For the purposes of this Agreement, number of days wUl be counted from the date of execution, by excluding the day this
Agreemenl was executed and including the last day ofthe time perial.
(C) The date of settlement i. not extended by any other provision of this Agreement and may only be extended by mutual
written agreement of the parties.
(D) Certain time periods are pre-prinled in this Agreement as a cmvenience 10 the Buyer and Seller. Any pre-printed time
periods are negotiable and may be changed by striking out the pre-printed text and inserting a different time period
acceptable to all parties.
MORTGAGE CONTINGENCY (1~2)
lB'w AIVED. This sale is NOT contingent on mortgage financing.
o ELECTED
(A) This sale is contingenl upon Buyer obtaining mortgage financing as follows:
1. Amount of mortgage l08n $
2. Minimum Term years
3. Type of mortgage
4. Interest rate %; however. Buyer agrees to accept tbe infenst rate as may be committed by
the mortgage lender, not to exceed a maximum in terest rate of %.
5. Discount points, l08n crig;nation, loan placement and other fees charged by the lender as a percentage oftbe mortgage
l08n (excluding any mortgage insurance premiums or VA funding fee) not to exceed % (0% if not
specified) of the mortgage loan.
The interest rate and fees provisions required by Buyer are satisfied if a mortgage lender makes available to Buyer the right
to guarantee an interest rate at or below the Maximum~lnterest Rate specified herein with the percentage fees at or below
the amount specified herein. Buyer gives Seller Ihe right, at Seller:s sole option and as permitted by the mortgage lerider
and applicable laws, 10 cmtribute financially, wilhoul pranise of reimbursement, to the Buyer and/or mortgage lender to
make the above term. available 10 Buyer.
(B) Within U 0 DAYS (10 days if not specified) of the elleCutim of .this Agreement, Buyer will make a completed,
written mortgage application fur the mortgage terms specified above 10 a responsible m<rlgage lender. Tbe Broker (or
Buyer, if any, otberwise the Broker for Seller, is authorized to communicate with the mlH'lgage lender for the
purposes of assisting in theDUJrtga~I!l"",,~ Aprl.ll4, Ulo3
(C) 1. Morlgale commItment date r ~ II. ~ . If a wriuen commitment is oot received by Seller by
the above date. Buyer and Seller agree to extend the morqage commitmeot date until Seller termioates this
Agreemeot in writiDg by notice to Buyer.
2. Upon receipt ofa mortgage commitment, Buyer will pronptIy deliver a copy oftbe commitment 10 Seller.
3. Seller has the oplim to terminate this Agreement in writing. after the mortgage commitment date if the mortgage
commitment:
a. Is'not valid untilth,e date of settlement, OR
b. Is c.onditioned upmthe sale aod settlemeot ohnyolber property, OR
c. Contains any other condition nOI specified in this Agreement that is not salisfi"crand/or removed in writing by
the mortgage lender within 7 DAYS after the mortgage commitllJeDl date in p"ragrspb 6 (C) (1).
4. If this Agreement is terminated as specified in paragraphs 6 (C) (1) or (3), or the mortgage loan is not obtaioed fur
settlement, all deposit monies paid on accounl of purchase price will be returned to Buyer. Buyer will be responsible
PREPARED BY AGENT: N."on AJIen. Own...
AJS.2J(. Standard Agreement For The Safe Of Real Estate. 01102. Pennsylvania Assodatiun d REAL TORS4l>
COPYRIGHT PENNSYLVANIA ASSOCIATION OF ReAlTORS4l> 2002
RealFASTlII SoItw8l'8. 02003, Veraion 6.12. Software Regl&tsrec:1 to: Nelson Allen. Realty Worfd Brdcer Network
Buye<(s) Inilals _ 02128103 12:59:29
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Selle<(s)lni1ials~
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98
99
100
101
102
103
104
105
106
107
108
109
110
III FBANA,IFAPPUCABLE
112 (F) It is expressly agreed thai notwithstanding any other provisiClls of'this contract, Buyer will nol be obligated to complete the
113 purchase oflhe Property described herein or to incur any penalty by ferfeiture ofeamest money deposits er olherwise unless
114 Buyer has been given, in accordance with HUDIFHA er VA requirements, a written statement by the Federal Housing
115 Commissioner, Velersns Admin!ftratiCll, or a Direct Endorsement Lender setting furth the appraised value of the
116 Property of no I less than S lll> I hhD , (',1"\ (the dollar amount to be inserted is the sales price as stated in this
117 Agreement). Buyer will have the privilege and option of proceeding with cmsummation of the contract without regard to
118 the amount of the appraised valualion. The appraised valualion is arrived al to determine the maximum mortgage the
119 Department of Housing and Urban Development will insure. HUn d9CS not ",mant the value ner the cmdition of the
120 Property. Buyer should satisfy himselflherselfthal the price and condition of the Property are acceptable.
121 WarDiog: Section 1010 of Title Ig. U.S.C., Department of Housing and Urban Development and Federal Housing
122 Administration Transactions, provides, "Whoever fer Ihe purpose of . . . influencing in any way the action of such
123 Department, makes, passes, utters, or publishes any stalement, knowing the same to be fillse . . . shall be fined under this
124 title or imprisoned not mae than two years, m beth."
125 (G) U.S. Deparlment of Housing aod Urban Development (HUD) NOTICE TO PURCHASERS: Buyer's
126 Acknowledgemeot
127 0 Buyer has received the HUD Notice "For Your Proleclion; Gel a Home Inspection" (see Notices and Infurmation on
128 Property Condition Inspeclions). Buyer understands the importance of gelting an independenl home inspection and has
129 thought about this before signing Ihis Agreement.
130 Buyer's Initials Date
131 (H) Cerliflcalioa We Iheundersigned, Seller(s) and Buyer(s) party to this transaction each certity that the terms of this contract
\32~'~.....,.ferpurchase are true to the best of our knowledgearnLbelief, andlhat any other agreement entered into by any of these
133 parties in connection with this transaction is attached to this Agreement.
134 7. INSPECTIONS (1-02)
135 (A) Seller agrees to permit inspectioos by autherized appraiser., reputable certifiers, insurer's representatiw:s, surveyors,
136 municipal officials andlor Buyer as may be required by the mortgage lender, if any. or insuring agencies. Seller further
137 agrees to permit any other inspections required by or provided fur in the tenas of this Agreement Buyer has the right to
138 attend all inspections.
139 (B) Buyer reserves the right to make a pro-settlemenl walk-Ihrough inspection of the Prq>erty. Buyer'. right to make Ihis
140 inspection is not waived by any cdlerprovision of this Agreemenl.
141 (C) Seller will have heating and all utilities (including mel(s)) CIl forthe inspections.
142 (D) All inspectors, including home inspectors, are autberized by Buyer to provide a eq>y of any reports to Broker fa Buyer.
143 8. PROPERTY INSPECTION CONTINGENCY (1-02)
144 Other provisions of this Agreemenl may provide for inspectiClls andlor certifications that arc not waived or altered by Buyer's
145 electioo here.
146 0 WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection
147 Notices and Envirorunental Notices). BUYER WAIVES THIS OPTION and agrees to the REl.J'ASE set furth;" paragraph
148 1. 25 of this Agreement.
149 ~ELECTED
150 (A) Within OA YS (IS days if nol specified) ofthe execulioo ofth is Agreement, Buyer, at Buyer's expense, may choose
15\ 10 ha~ inspections andlor certifications completed by licensed or otherwise qualified professiooals (see Property In"JlCClion
PREPARED BY AGENT: ".Ison ADen. Own.,
A1S'2K . Slandanl Agreement For The S.... 01 Real E_ 01102. P....sylvan.. Assoc:laIla1 of REALTORS,.
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS,. 2002
RealFASTe Software. C2003. Version 6.12. SoI'lware ReglslanJd to: Nelsan Allen, Realty World Broker Network
Buyer(s) Initials _ 02128103 12:59:29
...... ~..... ..........."-#.......
......- ... . Q...c::I....
..,1IV--.)"TD-o:J"T.o.L
f'."
'fa any premiums for m~anics' lien i.........ance. andlor .title search, er fi:e for ~ceIlati<ll.of same, if.any; ANPIOR
any premiums fIX' flood msurance, mme subsidence Insurance andllX' frre Insurance WIth extended coverage, or
cancellation ti:e, ifany; ANDI~R any appraisal ti:es and cha:ges paid in a.dvance.to themortgage lender. ,
(0) If the mortgage lender require. repaIrs to the Property, Buyer WIll, upon receIpt, dehver a copy of the ~ortgage lend7" s
requirements 10 Seller. Seller will, within 5 DAYS of receipt of the mortgage lender's reqwrements, nwfy
Buyer whether Seller will make the required repairs aI Seller's expense. .
1. If Seller chooses to make the required repairs, Buyer will acccpl the Property and agree to the RELEASE set furth In
paragraph 25 of this Agreement. .
2. If Seller chooses not 10 make the required repairs, or if Seller fails to respoud within tbe time given, Buyer WIll,
within 5 DAYS, nctify Seller in writing of Buyer's choice to terminate this Agreement OR make the
required repairs at Buyer's expense and with Seller's premission, which will not be unreasonably withheld. If Se~ler
denies Buyer permission 10 make the required repairs, Buyer may, within 5 DAYS of Seller's derual,
tenninate this Agreemenl, in which case all deposit monies paid on acCOWlt of purchase price will be returned
promptly to Buyer and this Agreement will be VOiD.
(E) ~Ier Assist
J!I.. NOT APPLICABLE
o APPLICABLE. Seller will pay:
Os
o
. maximum, toward,~uyer's costs as permilted by the mortgage lender.
Pilge 3 of 2C
Seler(s) InlUals i~
;2
i3
S4
S5
56
57
58
59
60.
61
62
63
64
,65
,66
167
168
169 0
170.
171
172
173
174
175
176
177
178
179
180.
181
182
183
184
185
186
187
188
189
190.
1919.
192
193
194
195
196
197
198
199
20.0.
20.1
20.2
20.3
204
20.5
20.6
201
20.8
20.9
210.
--. --I
-.- -.- -._-
,-. .
"
NoticeS ~d En~ironmental N<tices). This contingency does not apply to the fullowing existing cooditims anell\,. items:.
(B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Home Inspection Law, (see
Infonnation Regarding the Home Inspectloo Law) such home inspection shall be perfurmed by a full member in good
standing of a natiooal home inspection association, or, by a person supervised by a full member of a national home
jc inspection association, in accordance with the ethical standards and code of conduct or practice oftbal association.
) If Buyer is n<t satisfied with Ihe condition of the Property as staled in any written report, Buyer will:
Option I, Withio the time given for eompleting InspectiOlls:
l. Accept the Property wi1h the informatioo stated in Ihe report(s) and agree to the RELBASB set furth in paragraph 25 of
this Agreement, OR
2. Terminale this Agreemenl in writing by notice to Seller, in ...tIich case all deposit monies paid on account of purchase
price will be returned promptly to Buyer and this Agreement will be VOID, OR
3. Enter into a mutually acceptable written agreemenl with Seller providing fur any repairs or improvements to the
Property anellor any eredlt to Buyer aI settlement, as may be acceplableto the mortage lender, if any.
Should efTortllto reach a mutually III:CCJllable agreement fail, Buyer must choose to accept Ihe Property or terminate this
Agreement within tbe time given fur completing inspections and according to the provisims in paragraph
S(C) (Option I) I and 2.
Optinn 2. Withio lhe time given lOr completiolllnspectitlqs:
I. Ac:ceptthe Property with the Informatim stated in the r"port(s) and agree 10 the RELEASE set forth in paragraph 25 of
this Agreement. UNLESS the total cost to correct the conditions conlained in Ihe report(s) is more than
$ .
2. If the total cosl to CClTect the condltims contained in the repOO(s) EXCEEDS lbe amOWlt specified In paragraph 8(C)
(Optim 2) I, ,Buyer will deliver the report(s) to Seller withio the time given for inspecliolL
a. Seller will, within 7 DAYS of receiving the report(.), infunn Buyer in writing of Seller's choice to:
(I) Make repairs befure settlement so that the remaining cost to repair conditims contained in the report(.)
is less than or equal 10 the amoont specified in paragraph 8 (C) (Option 2) I.
(2) Credit Buyer at settlement fur Ihe difference between the estimaled coSl of repairing the cmdlt;on.
contained in thereport(.) and the amoonl specified in paragraph 8 (C) (Option 2) I. This option mUSlbe
acceptable to the mortgage lender, if any.
Not make repairs and not aedit Buyer at settlement for any costs to repair conditions contained in the
report(s).
If Seller chooses to make repair. or credit Buyer at settlement a. specified in paragraph S (C) (Option 2) 2,
Buyer will accepttbe Property and agree to the RELEASE set forth in paragraph 25 ofthi. Agrecmenl.
If Seller choo.es not 10 make repairs and nOl to credit Buyer at settlement, a" if Seller falls to choose any
optloo withiu the time glwu, Buyer will, with in 5 DAYS:
(I) Acceplthe Property with the information Slated in the report(s) and agree to the RELEASE selfcrth in
paragraph 25 of this Agreement, OR
(2) Terminale this Agreement In writing by notice to Seller, in which case all deposit monies paid on
account of purchase price will be returned pranptly to Buyer and Ihis Agreement will be VOID.
WOOD INFESTATION INSPECTION CONTINGENCY (1~2)
O~WAlVED.-Buyerunderstands that Buyer has Ihe option 10 request tI1.atthe Property be inspected fa" wood infestation by a
certified Pest Control Operalor. BUYER WAIVES THIS OPTION and agrees to ilie RELEASE set forth in paragraph 25 of
Ithis Agreement.
fd ELECTED
(A) Within DAYS (15 days If not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will
oblain a written "Wood-DestroYing Insect Infestation Inspection Report" fratl a certified Pest Control Operator and will
deliver it and all supporting documents and drawings provided by the Pest Control Operator 10 Seller. The report is to be
made satisfilctory to and in compliance with applicable laws, mOOage lenders, anellOI' Federal Insuring and Guaranleeing
Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on Ihe
Property except Ihe following struClUJ'es, ...tIich will not be inspected:
(3)
b.
c.
(B) If the inspectim reveals evidence of active infeslation(.), Seller agrees, at Seller's expense and befure settlement, to treal for
active infestation(s), in accordance with applicable laws.
(C) If the inspection reveals damage from active infeSlation(s) or previous infestation(s), Buyer, at Buyer's expense, has the oplion
to obtain a written repOO by a pro1Cssional cmtraclor, home inspection service, or structural engineer Ibat is limited to
..structuraJ damage to the Property caused bywood-j\estroying organisms and a proposal to repair the damage. ,Buyer will
?eliver .lbe structural damage report and corrective proposal to Seller within 7 DAYS of delivering iii" onginal
lDspCCl.on reporl.
(D) Within 5
DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether
PREPARED BY AGENT: Nelson Allen. Owner
AIS-2K - Standard Agreement For The Sale Of Real Estate. 01102. Pennsylvania Assoc:iBtion of REAL TQRSal)
COPYRIGHT PENNSYLVANIA ASSOClArlON OF REALTORSoD 2tioz
RealFASTe Software, 02003. Verslan8.12. Software Registered 10: Nelson AMen, Realty Wortd Broker Netwark
Buyer(s) initials _ OZlZIlJ03 12:59:29
pag./,~20
SelIer(s)lnitiaJs
1\ Sell'; will r~ir, at Seller's expense and before settlemenl, any structural damage from active or previous in~atim(s).
12 (E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaiied and a!lrees
13 to the RELEASE set forth in paragrapb 25 rX Ibis Agreement. . ....
14 (F) If Seller chooses 001 to repair structural damage revcaIed by the report or falls to respond WIthIn tbe lime grvea, Buyer,
15 within 5 DAYS, will notifY Seller in writing of Buyer's choice to:
16 1. Aceeptthe Property with the defects revealed by the inspection, without amtement of price, and agree 10 the RELEASE
:17 set forth in paragraph 25 of this Agreement, OR
ll8 2. Make tbe repairs before settlement, if required. by the ,!!ortga.ge lender, ifany, at Buyer's expense and with Seller's
tl9 pennission \\blch will nd be unreasmably WIthheld, ID \\blch case Buyer accepts the Property and agrees 10 the
t20 RELEASE'set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to make the repairs, Buyer
!21 may, within 5 DAYS of Seller's denial. terminate Ihis Agreement in writing, in \\bich case all deposit
!22 monies paid on account ofpurch:w; price will be r~ pr~mpt1y. to Buyer and this Agreement -yill bE; VOID, OR
~23 3. Terminate this Agreement, In which case all deposit mOl1les paid on account of purchase pnce will be returned
224 promptly to Buyer and this Agreement will be YOID.
22510. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES
226 BUILT BEFORE 1978 (1-02)
227 O/NOT APPLICABLE
228 l2[ APPLICABLE , "
229 (A) Seller represenu that Seller has no knowledge concerning the presence of lead-based paint andlor lead-based paint
230 hazards in or about the Property, unless checked below.
231 0 Seller has knowledge of the presence of lead-based paint andlor lead-based paint hazards in or about the Property.
232 (Provide the basis for determining that lead-based paint andlor hazards exist, the locatim(s). the condition of the
233 painted surfaces. and other a\'llilable infurmation cmceming Seller's knowledge of the presence of lead-based paint
234 and/or lead-based paint hazards.)
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
, 267--
268
269
270
, . -
(B) RecordslReporls: Seller has no reports or records pertaining to lead-msed paint andla lead-based painl hazards in or
about Ibe Property, un less checked below.
o Seller bas provided Buyer with all available records and repats pertaining to lead-based paint andlor lead-based paint
hazards in or about the Property. (List documents)
(C) Buyer's Acknowledgmeot: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read
the Lead Warning Statement contained in Ihis Agreement (See Envirmmental Notices). Buyer has reviewed Seller's
disclosure ofkno1M1 lead-based paint andlor lead-based paint hazards, as identified in paragraph JO(A) and has received the
records and reports pertaining to lead-based paint andlor lead-based paint hazards identified in paragraph 10(B).
Buyer'slDit~1s Date
(D) RISK ASSESSMENTIlNSPECTION: Buyer acknowledges thaI before Buyer is obligated to buy a residential dwelling
built before 1978, Buyer has" 10 DAYS to conduct a risk assessment a inspection of the Property for the
_ ~resence of lead-based paint andlor lead-based paint hazards.
IU' WAIVED. Buyer understands that Buyer has the right to cmducl a risk assessment or inspection of Ibe Property to
determine the presence oflead-based paint andlor lead-based paint hazards. BUYER WAIVES THIS RIGHT ond agrees to
the RELEASJ;:~set,ful:lhjnparagraph 25 of this Agreement.
o ELECTED n_'m__
I. Buyer, at Buyer's expense, chooses to obtain a risk assessment andla inspectim of the Property for lead-based paint
and/or lead-based paint hazards. The risk assessment andlor inspection will be completed within 10 DAYS
of the execution of this Agreement.
2. Witbiu the time set forth above few obtaioing the risk assessmeot andfor Inspeetion of the Property for
lead-based paint andlew leali-based paInt hazards, Buyer may deliver to SeDer a written list of the specific
hazardous conditims cited in the report and those corrections requested by Buyer, along with a cq>y of the risk
ilssessmenl andlor inspection report.
3. Seller may, within 7 DAYS of receiving the list and report(s), sulmit a written corrective proposal to Buyer.
The corrective prnposal will include, but not be limited to, the name of the remediation company and a pr'liected
completim date fa corrective measures. Seller will provide certificatinn from a risk assessor or inspector that
corrective measures hsve been satisfactorily completed on or before the projected completion date.
4. Upm receiving the corrective proposal, Buyer, within 5 DAYS, will:
a. Accept the corrective proposal and the Property in writing, and agree to the RELEASE set forth in paragraph
25 of this Agreement, OR
b. . -'ferminale this 'Agreement in ""iring, in which case all deposit mmies paid at account nfpurchase price will
be returned promptly to Buyer and this Agreement will be YOID.
5. Should Seller fan to submit a written corrective proposal within the time set forda in paragraph 10(0)3 of this
Agreement, Buyer, within 5 DAYS, will:
PREPARED BY AGENT: N.lson AUen. Owner
AJS...2K ~ Standard Agreement For The Sale or Reel Estate, 01/02. Pennsylvania Assodallon d REAL TORSGD
COPVRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSGlI2002
RealFASTe Software. 02003, Version 6.12. Software Regl$tered to: Nelson AAlen. Really Wodd Broker Network
Buyer(&)1nl1ial& _ 02/28103 12:59:29
Pa"'_o"20
SeUer(I) Initials ISA.L.-
--. --I
_._ _0- _._...
r--
7J a. A~cept the Property in writing, and agree to the RELEASE set flrth in paragraph 2S of this Agreelil1ent, OR,
72 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price
73 wiU be returned promptly to Buyer and this Agreement will be YOID.
74 6. Buyer'. failure to exereise any of Buyer'. optlmu within the time limits specified in this paragraph win
75 .....litute a WAIVER of Ihis contingeocy aod Buyer ac:cepts tbe Property and agrees to the RELEASE set forth
76 io paragraph 2S of Ibis Agreement.
77 (E) Certiflcatioo: By signing this Agreement, Buyer and Seller certiJy the accuracy of their respective statements, to the best of
78 their knowledge.
7911. SfATUS OF RADON (I.{l2)
.80 (A) Seller represeots that Seller has no knowledge concerning Ihepresence or alsence ofradon unless checked below.
.81 0 J. Seller has knowledge that the Property was tested on the dates, by the method. (e.g., charcoal canister, alpha track,
:82 etc.), and with the results of all tests indicated below:
!83 DATE TYPE OF TEST
!84
!85
186
187
!88
/89
/90
291
292
293 (BYkAnoN INSPECTION CONTINGENCY
294 .gr WANED. Buyer understands that Buyer has the option to request thaI the Property be inspected for radon by a certified
295 inspector (see EnvirCllmen18\ Notices: Radon). BUYER WAIVES THIS OPTION and agrees to Ihe RELEASE set rorth
296 in paragraph 25 of this Agreement_
297 0 ELECTED. Buyer, at Buyer's expense, has the option 10 obtain. from a certified inspector, a radon test of the Property, and
298 will deliver a copy of the test report to Seller within DAYS (15 days ifnol specified) of the execution of
299 this Agreement. (See Environmental Notices: Radon)
300 1. If the lest report reveals the presence of radon below 0.02 waking levels (4 picocurieslliter), Buyer accepts the
301 Properly and agrees to Ihe RELEASE set forth in paragraph 25 of this Agreement.
302 2. If the test report reveals Ihe presence of radon at or exceeding 0.02 working levels (4 picocurieslJiter). Buyer will,
303 within 7 DAYS of receipt of the test results:
304 0 Optioo I
305 a. Accept the Properly in writing and agree 10 the RELEASE set flrth in paragraph 25 ofthis Agreement, OR
306 b. Terminate this Agreemen1 in wriling, in which case all depalit monies paid 1XI aCCOOllt of purchase price will be
307 returned promptly to Buyer and this Agreement will be VOID, OR
308 c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but nol be limited to, Ihe oame
309 of the certified mitigation company; provisions for payment, including retests; and a projected completioo date for
310 corrective measures.
311 (I) Within -,' .. ,5-, .. DAYS of receiving the corrective proposal, Sellerwill;,_...
312 (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Properly and agrees
3 \3 to the RELEASE set forth in paragraph 25 of this Agreement, OR
314 (b) Not agree to the terms of the corrective proposal.
315 (2) Should Seller not agree 10 the tenns of the corrective proposal or if Seller bib to respOlld wilbin Ibetime gi""o,
316 Buyer will, within 5 DAYS, elect to:
317 (a) Accept the Properly in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
318 (b) Terminate this Agreement in writing, in which case all deposit monies paid 1XI account of purchase price will
319 be returned promptly to Buyer and this Agreemenl will be YOID.
320 ' 0 Option 2
321 a. Accept the Property in writing and agree to the RELEASE set furth in paragraph 25 of this Agreement, OR
322 b, Sulmil a written, corrective proposal 10 Seller. The caTective propalal will include, but not be limited 10, the name of
323 the certified mitigation company; provisions for payment, including retests; and a projected completion date for
324 corrective measures. Seller will pay a maximum ofS toward Ihe total cost of remediation and
325 retests, which will 00 completed by settlement.
n~., (I) Ifthe tltalco(lt ofremec!i~ti,tIt 8!1r,! rete!~j;XCEED::; the amount specified in paragraph II(B) (Option 2) b, Seller
327 will, within 5 DAYS of receipt of the cost ofremedialiori, notiJy BuyC.'iri wr.tingofSellerS chOice to:
328 (a) Pay for the total cost of remediatim and retests, in which case Buyer accepts the Property and agrees to the
329 RELEASE set forth in paragraph 25 of this Agreement, OR
330 (b) Contribute loward the lotal cost of remediation and retests only Ihe amount specified in paragraph II(B)
'REPARED BY AGENT: Nelson Allen, OWner
1IS-2K. Standard Agreement Fa The Sale a Real Estate, 01102. Pennsylvania Association of REAL TORSCl
:OPVRIGHT PENNsYLVANIA ASSOCIATION OF REAL TORse 2002
tea/FASTQlI Softwaf1!, 02003, Vnon 6.12. Software Registered to; NeI&OIl Allen, Realty World Broker Networic
Juyer(s) IniUals _ 02J2810312:59:29
RESULTS (picocurieslliter or working levels)
o
COPIES OF ALL AVAILABLE 'JEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EIlliER THE METHODS OR RESULTS OF THE TESTS.
2. Seller has knowledge that the Property underwent ~dlXl reductilXl measures on the date(s) and by the methodes)
indicated below: :' ,
DATE RADON REDUCTION MEllIOD
paajl;520
Sener(sllnillal.
- - - .,
, .
331 "(Option 2) b. , ,
332 (2) If SeUer chooses not to pay fur Ihe tolal cost of remediation and retests, ex if Seller fail. to dlo.... either option
333 withio lite time gil'eo, Buyer wiU, within 5 DAYS, notify SeUer in writing of Buyor's choiccto:
334 (a) Pay the diflerence between Seller's contribution to remediation and retests and the actual cost therof, in \\bich
335 case Bu:;er aa:cpts the Property and agrees to the RELEASE set furth in paragraph 25 of this Agreement, OR
336 (b) Termioate this Agreement, in \\bich case all depesit monies paid on accoont of purchase price will be
337 returned promptly 10 Buyer and this Agreement wiU be YOID.
338 12. STATUS OF WATER (1-02)
339 (A) ~Uer represents that the Property is served by:
340 1ST Public Waler
34 I 0 On-sile Waler
342 0 Community Water
343 0 None
344 0
345 (B)I\v ATER SERVICE INSPECTION CONTINGENCY
346 IQi' W AIYED. Buyer acknowledges that Bu:;er has Ihe cplion to request an inspection of the _ter service fur Ihe Property.
347 BUYER WAIVES THIS OPTION and agrees to the RELEASE selforth in paragraph 25 of this Agreement.
348 0 ELECTED "
349 J. Buyer has the option, within DAYS (IS'days ifnot specified) of the execution of Ihis Agreement and
350 at Buyer's expense, to deliWI' 10 Seller a written inspection report by a qualified, professional water testing company
351 oflhe quality and/or quantity of the _ter service.
352 2. Seller agrees to locate and prov;de access to the on-site (or individual) water system. ifapplicable, at Seller's expense,
353 ifrequired by the inspection canpany. Seller also agrees 10 restexe Ihe Property, at Seller's expense, prior to settlement.
354 3. If Ihe report reveals thaI the waler service does not meet the minimum standards of any applicable governmental
355 aulhority and/ex fails 10 salisfy Ihe requiremenls for quality and/or quantity set by the mortgage lender, if any, then
356 Seller will, within 7 DAYS ofreceipt of the report, notity Bu:;er in writing of Sell or's choice 10:
357 a, Upgrade thewator service 10 the minimum acceptable levels, before settlement, in ""ich case Bu:;er ac:cepls the
358 Property and agrees to the RELEASE sel furth in paragraph 25 of this Agreement, OR
359 b. Nol upgrade the water service.
360 4. If Seller chooses nollo upgrade the service to minimum acceptable levels, or mils to respood withio the time giveo,
361 Buyer will, within 5 DAYS, either:
362 a. Accept Ihe Property and the water service and, if required by the mortgage lender, if any, and/or any
363 governmental authority, upgrade the water service before settlement or within the time required by the mortgage
364 lender, if any, and/or any governmental authority, at Buyer's expense and with Seller's permission, ""ich will
365 not be unreasonably withheld, and agree 10 the RELEASE set furth in paragraph 25 ofthis Agreement. If Seller
366 denies Bu:;er permission 10 upgrade Ihe water service, Buyer may, within S DAYS of Seller's
367 denial, terminate this Agreement in writing. If Bu:;er terminates this Agreeement, all dep...il mooies paid on
368 account of purchase price will be returned promptly 10 Buyer and this Agreement will be YOID, OR
369 b. Terminate this Agreemenl in writing, in which case all deposil monies paid m account of purchase price will
370 be returned promptly to Buyer and Ihis Agreement will be YOlO.
37113. STATUS OF SEWER(I.;o2r~-- "
372 (A) Seller represents thaI the Property is served by:
373 g Public Sewer
374 0 Individual On-loI Sewage Disposal System (See Sewage Notice I)
375 0 Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice I; see Sewage Notice 4, if
376 applicable)
377 0 Community Sewage Disposal System
378 0 Ten-acre Permit Exemption (See Sewage Notice 2)
379 0 Holding Tank (See Sewage Notice 3)
380 0 None (See Sewage NOlice I)
381 0 None AvailablelPermit Limitations in Effect (See Sewage NOlice 5)
382 0
383 ail INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
384 ~ WANED. Bu:;er acknowledges that Buyer has the option to request an individualon-lol se""ge disposal inspectim of the
38~ ..rr~.!!UYE:~ W AlVEl; ,II:DS OPTION and agrees to the RELEASE SCI furth in paragraph 25 of this Agreement.
386 0 ELECTED '----.---..-..'..''--'-~-.---,-.,. "--......-
387 I. Bu:;er has the option, within DAYS (IS days ifnot specified) of the execution of this Agreement and
388 at Buyer's expense, to deliWI' to Seller a written inspection report by a qualified, profi:ssional inspector of the
389 individual on-lot s"""ge disposal system.
PREPARED BY AGENT: Nelson AUen, Owner
AIS-2K . S\andard Agreement For The Sale Of Real Estate. 01102. PennsylVania AssocIation ofREALTORSGD
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAlTORS" 2002
RealFASTGD SoItware. 02003. Version 6.12. Software Reglste!'8d 10: Nelson AUen. Really World Broker Netwodc:
Buyer(s)lnltIaIs _ 02J2BI0312:59:29
pau-;-p 2:
Seller(s}lniUals
390 2.' Seller; at Seller's expense, agrees, if and as required by the inspection company, to locate, provide aa:tss to, and empty
391 the individual on-lol sewage disposal s~cm. Seller also agrees to restore the Prcperty, at Seller's expense, prior to
392 settlement.
393 3. lfthe report reveals defects that do not require expansion or replacement of the existing sewagedispooal system, Seller
394 will, within 7 DAYS of receipt of the report,notii)' Buyer in writing of Seller's choice to:
395 a. Correct the defects befa'e settJemenl, including retests, at Seller's expense, in v.hich case Buyer accepts the
396 Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
397 b. Not c<rrect the defects.
398 4. If Seller chooses not to ettrect the defects, or if Seller mils to respond witmo tbe time given, Buyer will, within
399 5 DAYS, either:
400 a. Accc:pl the Property and the system and, if required by the mortgage lender, if any, andla' any govemmenlal
401 authority, correct the detects befure settlement or within the time required by the mortgage lender, if any,
402 andlor any govermnental authority, at Buyer's sole expense and with Seller's permission, which will not be
403 W1reasonably withheld, and agree 10 the RELEASE set forth in paragraph 25 of this Agrc:c:menl. If Seller
404 denies Buyer permission to ca-rect the defects, Buyer may, within 5 DAYS of Seller's denial,
405 lerminate this Agreement in writing, in which case aU deposil monies paid on account of purchase price will
406 be returned promptly to Buyer and this Agreemenl will be VOID, OR
407 b. Terminate this Agreement in writing, in whiCl! case all deposil monies paid on account of purchase price will
408 be returned pranptfy 10 Buyer and this Agreement will be VOID.
409 5. 'fthe report reveals the need 10 expand a' replace the existing individual on-lot sewage disposal system, Seller may,
410 within 2S DAYS of receipt of the report, su1:mit a corrective prcposallo Buyer. The corrective proposal
411 will include, but not be limited to, the name of the remediation company; provisions fa' payment, inCluding retests;
412 and a projected completion date fur c<rrective measures. Within 5 DAYS of receiving Seller's carective
413 proposals, or ifno correetive proposal Is received within tbe time given, Buyer will:
414 a. Agree to the lerms of the ettrective proposal, if any, in writing, in which case Buyer accepts the Property and
415 sgrees to Ihe RELEASE set forth in paragraph 25 ofthis Agreement, OR
416 b. Accept the Property and the system and, if required by Ihe mortgage lender, if any, andla' any governmental
417 authority, correct the defect. before settlement or within Ihe time required by the mortga8e lender, if any,
418 andlor any govermnental authority, at Buyer's sole expense and with Seller's permission, which will not be
4]9 unreasonably withheld, and agree to tbe RELEASE set forth in paragraph 25 of this Agreement. If Seller
420 denies Buyer permission to ca-recltbe defects, Buyer may, within S DAYS of Seller's denial,
421 terminate this Agreemenl in writing, in v.hich case all deposit monies paid nn account of purchase price will be
422 returned promptly to Buyer and this Agreement will be VOID, OR
423 c. Terminate this Agreement in'M"iting, in which case all deposit moo ies paid on account of purchase price will
424 be returned prompllyto Buyer and Ihis Agreement will be VOID.
425 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUP ANCY (1~2)
426 (A) Seller represents, as of Seller's execution of this Agreemeot, thaI no public improvement, condaninium a' homeowner
427 association assessments ba"" been made against the Property which remain lUIpaid and that no notice by any government nr
428 public authority has been served upc:n Seller or anyone on Seller's behalf, including notices relating to violations of zoning,
429 housing, building, safety a' tire ordinances which remain uncorrected, and that Seller know.; of no condition that would
430 constitute violation of any such'ordinances wbich remains unccrrecled, unless otherwise specified here:.,
431
432
433
434
435
436
437
438
439
440
441
442
443
444
'445--
446
447
448
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(8) Seller knows of no otber potenlial notices (including violations) and assessments except as follows:
(C) In Ihe evenl any notices (including violations) and assessments are received after execution of tbis Agreement and befure
settlement, Seller will notifY Buyer in writing, within S DA YSofreceiving the notice or assessment, that Seller will:
I. Canply with notices and assessments at Seller's expense, in which case Buyer accepts the Prcperty and agrees to the
RELEASE set fa'th in paragraph 25 of this Agreement, OR
2. Not comply with nwces and assessments at Seller's expense.
3. If Seller chooses nolto comply with notices and assessments, or fails within the time given 10 notify Buyer if Seller
will comply, Buyer will nolifY Seller within 5 DAYS in v.riting that Buyer will either:
a. Comply with lhe notices and assessments at Buyer's expense and agree to the RELEASE set f<rlh in paragraph
2S of this Agreement, OR
Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
promplly to Buyer and this Agreement will be VOID.
, If Buyer tailStcf Dcitify Seller wilbin lhe'li_ giwn;' Buyer'litcepts the PtlJperty aodavees 10 tb.
RELEASE set forth in paragraph 15 or tllis Agreement
(D) Buyer is advised that access to a public road may require issuance of a highway occupancy penn it from the Depattmenl of
Transportation.
b.
i
I
u'l
PREPARED BY AGENT: Melaon Allen. Owner
AlS-2K - Standard Agreement Fa-The Sale Of Real Estale, 01102 Pennsytvanla Association of REALTORS<<!
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS4Il2002
RealFAST8 Software, 02003, Version 6.12. Software Registered to: Nelson ADen, Reetty Wor1d Broker Network
Buyer(s) Initials _ 02128103 12:59:29
Pag_ '..912f
SelIer(s) initials J5J...L
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449 (E) If required by law, within 15 DAYS of the execution ofthis Agreement Seller will order for deliYb)'to,Buyer,
450 on or before settlement:
451 I. A certification from the appropriate municipal department or departmenls disclosing notice of any uncorrected violation
452 of roning, housing, building, safety or fire ordinances, ANDIOR
453 2. A certificate permitting occupancy of the Property. In the event repairslimprovements are required fer the issuance of
454 the certificate, Seller will, within 5 DAYS of Seller's receipt of the requirements, notifY Buyer of the
455 requirements and whether Seller will make the required repairslimprovements at Seller's expense.
456 If Seller chooses 10 make the required repairslimprovements, Buyer agrees to accept the Property as repaired and agrees to
457 the RELEASE set forth in paragraph 25 of this Agreement. If Seller chooses nct to make the required repairslimprovemenls,
458 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreemenl OR make the
459 repairslimprovements at Buyer's expense and with Seller's permissi.." which will nct be unreasonably withheld. If Seller
460 denies Buyer pennission to make the required repairs or if Seller fails to respond within tbe time gi",D, Buyer may,
46 I within 5 DAYS, terminate this Agreement in writing,' in which case all deposit monies paid aI account of
462 purchase price will be returned promptly to Buyer and this Agreement will be VOID.
463 IS. TITLE, SURVEYS, & COSTS (1~2)
464 (A) The Property is 10 be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the
465 following: existing deed restrictions, histeric preservatiOll restrictions or ordinances, building restrictions, ordinances,
466 easements ofrcads, easements vi~ible upon the ground, eaSements of record, privileges or rights of public service canpanies,
467 if any; otherwise the title to the ahove described real estate will be good and marketable and such as will be insured by a
468 reputable Title lnsurance Company at the regular rates.
469 (B) Buyer will pay for the following: (I) Title search, title insurance and/or mechanics lien insurance, or fee for cancellation
470 of same, if any; (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, and fee for
471 cancellation of same, if any; (3) Appraisal fees and charges paid in advance to mortgsge lender, if any; (4) Buyer's
472 customary settlement costs and accruals.
473 (C) Any survey or surveys which may be required by tbe Title Insurance Company or the abstracting attorney for the preparation
474 of an adequate legal descriplion of the Property (or the correction thereoO will be secured and paid for by Seller. Any
475 surveyor surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer.
476 (0) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Company
477 at the regular rates, as specified in paragraph 15(A), Buyer will have the option of: (I) taking such title as Seller can give
478 with no change to the purchase price; (I' (2) being repaid all mOllies paid by Buyer to Seller on accnWlI of purchase price
479 and being reimbursed by Seller fer any cosls incurred by Buyer for any inspections or certifications obtained aCC<l'ding to
480 the terms of the Agreement, and for those ilems specified in paragraph 15(8) items (I), (2), (3) and in paragraph 15(C), in
481 which case there will be no further liability or obligatiOll on either oflhe parties hereto and this Agreement will become VOID,
482 16. ZONING CLASSIFICATION (1~2)
483 Failure of this Agreemenllo contain the wning classification (except in cases where the property {and each parcel thereo~ if
484 subdividable} is zoned solely or l!rimarily to permit single-family dwellings) will render this Agreement voidable at the option
485 of the Buyer, and, if voided, any deposits tendered by the Buyer will be returned to the Buyer without any requiremenl for
486 court action.
487 Zoning Classificatioo:
488 0 ELECTED. Within 15 DAYS of the execution of this Agreement, Buyer will verify thallhe existing use of the
'489 Property as .. '.... ---.-. ,is permitted.
490 fn the event tlte use is not permitted, Buyer will, within the time giveo fur verification, notifY Seller in writing that the
491 existing use of the Property is nct permitted and tbis Agreement will be VOID, in which case all depesit mooies paid on
492 account of purchase price will be returned pranptly to Buyer. Buyer's failure to respoDd within the lime giveo will
493 ~DSlltule a WAIVER of this contiogeucy and all other terms of this Agreement remain la full force aDd effect
49417. C AL NOnCE
495 NOT APPLICABLE
496 0 APPLICABLE
497 THIS DOCUMENT MAY NOT SELL, CONVEY, lRANSFER, INCLUDE OR INSURE THE mLE TO THE COAL AND
498 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE
499 OWNER OR OWNERS OF SUCH COAL MAY HA VB THE COMPLETE LEGAL RIGHT TO REMOVE All SUCH COAL
500 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
501 BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set fa'lh in the manner provided in Section I
502 of the Act of July. 17, 1957, P.L 984.) "Buyer acknowledges that he may not be obtaining the right of protectiOll against
503 subsidence resulting from eml mining operations, and that the property described herein may be prctected fi'om damage due to
504 .mine subsiden<:eby a privatec<Jntract-with the owners <>f.theeconanic interests in the coal. _ 'This acknowledgment is made for
505 the purpose of complying with the provisions of Section 14 of the Bitumincus Mine Subsidence and the Land Calservalion
506 Act of April 27, 1966." Buyer agrees 10 sign the deed from Seller which deed will contain lhe aforesaid provision.
507 18. POSSESSION (I~2)
PREPARED BY AGENT: Nelson Allen. Own.r
AIS-2K ~ Standard Agreement For The Safe or Real Estate. 01102. Pennsylvania AssoclatfOO of REAL TORSaD
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSlD 2002
RealFA$TtD Software. C2003. VersJon 6.12. Software Regil1ered 10: Nelson AAen, Realty World Bl"Dker Network
Buyer(s) lnilals _ 02/28103 12:59:29
Page ~ :.!JO
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08 (A) Possession is to be delivered by deed, keys and: , , . ,
09 I. Physical possessiCII to vacant Property free of debris, with all structures broom-clean, at day and time or settlement,
10 AND/OR
II 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is
12 leased at the execution or this Agreement or 1DIless OIbernise specified herein. Bu)':l' will admowledge existing
:13 lesse(s) by initialing said leases(s) at time of execution or Ibis Agreement.
,14 (B) Seller will not enler into any new leases, written extension of existing leases, if any, or additional leases fur Ibe Property
;15 without Ibe written catsent ofBU}'eI'.
;1619. RECORDING (3-llS) This Agreement will Dol be recorded in the Office forlbe Recording of Deeds or in any other office or
; 17 place of public record and if Buyer causes er permits this Agrecmenl 10 be recorded, Seller may elect to treat such act as a
; 18 breach of this Agreement.
;J920. ASSIGNMENT (3-85) This Agreement will be binding upoo the parties, their respective heirs, personal representatives,
120 guardians and successors, and to Ibe extent assignable, CII the assigns of the parties hereto, it being expressly understood,
121 howe_, that Buyer will not lransfer or assign this Agreement without the written cmsent of Seller.
;2221. DEPOSIT & RECOVERY FUND (I~2)
123 (A) Deposits paid by Buyer within 30 DAYS of selllemenl will be by cash. cashier's or certified check. Deposits,
124 regardless of the form of payment and the persCII designated as payee. will be paid in U.S. Dollars to Broker or party
;25 idenlified in paragraph 3(B), who will retain them in an.. escrow account Wltil consummation or termination of this
;26 Agreement in conformity with all:applicable laM and regulations. Any Wlcashed check tendered as deposit monies may
527 be held pending Ihe acCeptance ofthis offi:r.
528 (B) Upon terminatioo of Ibis Agreement, the Bracer bolding Ibe deposit monies will release the deposit monies in acc<rdaoce
529 wilb the terms ora fully executed written agreement between BU}'eI' and Seller.
530 (C) In the event of a dispute over enlitlement to deposit monies, a broker holding tbe deposit monies is required by Ibe Rules
531 and Regulatioos of the State Rcal Estate CommissiCII (49 Pa. Code ~35.327) 10 retain the mooies in escrow until the dispule
532 is resolved. In the event oflitigatioo furtbe return or deposit monies, a broker will distribute the monies as directed by a final
533 erder of court or the written Agreement of the parties. Buyer and Seller agree that, in tbe event any broker or affiliated
534 licensee is joined in )jtigation fur tbe return or deposit monies, the attorneys' fees and costs of the broker(s) and Iicensee(s)
535 will be paid by the party joining them.
536 (0) A Real Estate Rcco>cry Fund exists to reimburse any persons who have obtained a final civil judgment against a
537 Pennsylvania real estate licensee owing to fraud, misrepresentation, a- deceit in a real estate transaction and who have been
538 unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the FWld, call
539 ~ (7]7) 783-3658, or (800) 822-2] 13 (wilhin Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
54022. C NDOMlNIUM I PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (l~2)
541 NOT APPLICABLE
542 0 APPLICABLE: CONDOMINIUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run
543 by a WI;t owners' associatioo. fi3407 of Ibe Uniform Condominium Act of Penn sylvan ia requires Seller to furnish Buyer
544 with a Certificate of Resale ana copies of the condominium declaration (other than plats and plans), Ibe bylaws, and the
545 rules and regulations oflhe association.
546 0 APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Bu)':l' acknowledges that the Property is
547 part or a planned community as defined by the Unifunn PlaMed Community Act. (See Definition of Planned Community
548 ,Notice). fi5407(a) of the Act requires Seller to. fumi~"_Buyer with a copy oflbe Declaration (other than plats and plans), the
549 bylaws, the rules and regulations or the associatioo, and a Certificate contsining the provisioos set forth in ~5407(a) of the
550 Act.
551 TIlE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMlNIUM OR A PLANNED
552 COMMUNITY.
553 (A) Within ]5 DAYS of the execution of Ibis Agreement, Seller will submit a request to the association fur a Certificate
554 or Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is
555 required to provide Ibese documents within ]0 days or Seller's request.
556 (B) Seller will promptly deliver to Buyer all documents received fiom the association. Under Ibe Act, Seller is not liable to
557 Buyer for the failure or delay of the association to provide the Certificale in a timely manner, nor is Seller liable to Buyer
558 for any erronews informalion provided by the associalion and included in tbe Certificate.
559 (C) Bu)':l' may declare Ibis Agreement VOID at any time before Buyer's receipt or the association documents and for 5 days
560 thereafter, OR until settlement, ,.nichever occurs first. Buyer's noli.. declaring this Agreement void must be in writing;
561 thereafter all deposil monies will be returned 10 Bu)':l'.
562 (D) ht the evenl Ibe association has the right to buy the Prq>erty (right ofllrst refusal), and the association exercises thaI right.
563 Se!lerwill reiID_burse Buyer for ~I Illomes paid by Bu)':l' 00 account of purchase price and for any costs incurred by Buyer
564 fer: '(O Tilfe search, tille insurance arid/or mechanicS' lien insUraoce, ... fi:e for Cancellation of same, if any:(2)' Flood
565 insurance and/er lire insurance with extended coverage, mine subsidence insurance, or fee for cancellation of same, if
566 any; (3) Appraisal fees and charges paid in advance to m<rtgage lender, if any.
,56723. MAINTENANCE & RISK OF LOSS (1~1)
REPARED BY AGENT: Nelson ARen, Owner
1S.2K. Standard ~t For The Sale Of Real EstaIe. 01102. Pennsytvanla AuoeIatlon d REAL TORse
.OPVRIGHT PENNSYLVANIA ASSOCIATION OF REAlTORS4l> 2002
:eaIFASTe Software. C2003, Version 6.12. Software Registered to: Nelson Allen. R_tty Workl Broker Network
;uyet(S) Inklals _ 02l2810312:S9:29
PeSJe 19. ~f 2~
SeDer(s) Initials ~
568 (A) Seuer ~II' maintain the Property, grounds, fixtures, and any personal property specificaUy scheduled hereiQ in. i... present
569 condition, nonnal .....r and leal' excepted.
570 (B) In the event any system ... appliance included in the sale of the Property fails and Seller does not repair or replace the item,
571 Seller will promptly notify Buyer in writing of Seller's choice to:
572 J. Repair... replaCe the miled system ... appliance bef...e settlement or credit Buyer at settlement f... the 1iIir market value
573 of the failed system ... appliance (this option must be acceptable to the mortgage lender, ifany). In each ease, Buyer
574 accepts the Property and agrees to the RELEASE set Ibrth in paragraph 25 of this Agreement, OR
575 2. Not repair or replace the tailed system or appliance, and not credit Buyer at senlement for the fair market value of the
576 failed system or appliance. If Seller does not repair, replace or offer a credit for the failed system or appliance,
577 or if Seller 1811s to DoIify Buyer of Seller's choice, Buyer wm notiJy SeUer in writing within
578 5 DAYS or befure senlemenl, whichever is sooner, that Buyer will:
579 a. Accept the Property and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
580 b. Terminate this Agreement, in which case all deposit monies paid 00 ac:ewnt of purchase price will be returned
581 promptly to Buyer and this Agreemenl will be VOID.
582 (C) Seller will bear risk of loss fran fire or other casualties until time of settlement. In the event of damage by fire or other
583 casualties to any property included in this sale that is not repaired or replaced pri... to settlement, 'Buyer will have the option
584 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price ... of accepting the
585 Property in its then condition together with the proceeds ,of any insurance recovery obtainable by SeUer. Buyer is hereby
586 notified that Buyer may insure Buyer's equitable interest in'this Property as of the time ofexeeutionofthis Agreemenl.
58724. WAIVER OF CONTINGENCIES (1-02)
588 If Ihis Agreement is ealtingent on Buyer's right to inspect andlor repair the Property, Buyer's failure to e""rclse any of
589 Buyer's options witbin tbe time limits set forth In tbis Ap-eement will coostitute a W AlVER of that cootingency and
590 Buyer accepts tbe Property and agrees to tbe RELEASE set forth in paragraph 25 oftJais Agreement.
591 25. RELEASE (1~2)
592 Buyer bereby releases, quit claims and wrever discharges SEILER, AIL BROKERS, Ibeir LICENSEES, EMPLOYEES,
593 and any OFFICER or PARTNER of anyone of tbem aod any other PERSON, FIRM. or CORPORATION who may be
594 liable by or tbrough tbem, from any and all claims, losses or demaods, including, but not limited to, penOllal injuries aDd
595 property damage aod all of the consequences tbereof, whetber now known or oo~ whicb may arise from tbe preseoce of
596 termiles or other wood-boring insecls, radon, lead-based paiDt ha:Fards, enviroomeotal hazards, aoy defecls in tbe
597 individual OIl-lot sewage disposal system or deficiencies in tbe on...ile water service system, or any defecls or c...ditioos
598 on the Property. Sboold Seller be in del8o1t uDder the terms of this Agreement, this release does Dot deprive Buyer of
599 any rights to punue aoy remedies tbat may be available ODder law or equity. This release will survive settlemeot.
600 26. REPRESENTATIONS (1~2)
601 (A) Buyer understands that any representations, claims, advertising. promotional activities, brochures... plans ofany kind made
602 by Seller, Brokers, their licensees, employees, officers or partners arc nnt a part of this Agreement IDlless expressly
603 incorporated ... slated io this Agreement. It is further understood that this Agreement contains the whole agreement
604 between Seller and Buyer and there are no other lerms, obligations, covenants, representations, stalements or conditions,
605 oral... olberwise of any kind whatsoever concerning this sale. Furthennore, this Agreement wiU not be altered, amended,
606 changed, or modified except in wriling executed by tbe parties.
607 (B) It is understood tbat Buyer bas inspected tbe Property before signing tbis Agreement (includioE fixtures aod any.
608 penooal property specifically scbeduled berein), or bas waived tbe right to do so, aod bas agreed to pan:laase Ibe
609" '. .~...,.._'Property in ils present conditIon unless otberwise slated 'intbis Agreement. Buyer acknowledges tbat Broken, tbeir
610 liceosees, employees, omcers or partners bave oot made an iDdepeadent examination or detenoioatiOll of the
611 slructural soundoess of tbe Property, tbe age or cOlldilion oftbe compooents, ell'l'iroDmeDtal cooditions, tbe permitted
612 lUes, or of conditions ellislinE In the locale wbere tbe Property i. sltaated; nor have tbey made a mecbanical
613 iospectioo of any of tbe systems contaloed therein.
614 (C) Any repain required by this Agreement will be completed in a v.orkmanlikemanner.
615 (D) Broker(s) may perform services to assisl unrepresented parties in complying with the terms oflhis Agreement.
616 (E) Tbeheadings, captions, and line numbers in this Agrecment are meant only to make it easier 10Imdthe paragraphs,
61727. DEFAULT(I~2)
618 (A) Seller has the option of retaining all sums paid by Bu:.er, including the deposil monies, should Buyer:
6]9 I. Fall 10 make any additional payments as specilied in paragraph 3; OR
620 2. furnish mIse or incomplete informalion to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's legal or
621 Iinancial status, ... fail to cooperate in the processing of the mortgage loan application, which acts would result in the
622 failure 10 obtain the approval ora mortgage loan commitmenl; OR
623 3. Violate... 001 to fulfill and perform any other tenns... conditions ofthis Agreement.
624 (8) Unless otberwise cbecked In paragraph 27 (C), Seller may eleel to retain those sums paid bye~er, inclul#og deposit
625 monies, in one of the following manners: '
626 I. On aeeounl of purchase price, OR
627 2. As monies to be applied to Seller's damages, OR
PREPARED BY AGENT: Nelson Allen, Owner
AlS.2K. SIanderd Agreement For The Sale Of Real Estate, 01102. Pennsylvania Association of REAL TORS4D
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAl TORSlIl2002
RaalFAlTe Software. 02003. Version 6.12, Software Reg;stored to: Nelson Alen. ReallY World 6rdcer Networlc
Buye~s) lnitiels _ D2I28103 t2:59:29
Pilge11of2[
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;28 3. As liquidated damages fur such breach.
;29 (C) 0 Seller is limited to retaining sums paid by Buyer, including deposit mooi... as liquidated damages.
,30 (0) IrSeller retsins all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or
,31 (C), Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID.
>32 28. MEDIATION (7-96)
533 DlNOT AVAILABLE
634 1:1 WAIVED. Buyer and Seller understand that ther may choose to mediate at a later date, should a dispute arise, but that
635 there will be no obligation 00 the part of any party to do so.
636 0 ELECTED
637 (A) Buyer and Seller will try to resolve any dispute or claim that may arise from this Agreement through mediation,
638 in accordance with the Rules and Procedures of the Home SellersIHome Buyers Dispute Resolulioo System. Any
639 agreement rcachedthrough a mediation coo.fercncc and signed by the parties will be binding.
640 (8) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures ofthe Home
641 SellersIHome Buyers Dispute Resolution System. (See Mediation Notice.)
642 (C) This agreement to mediate disputes arising from this Agreement will survive settlement.
643 29. SPECIAL CLAUSES (1-62)
644 (A) The followiDg are part of tbis Agreemeot if cbecked: , ,
645 0 Sale & Settlement of Other Property 0 Settlement of Other Property Contingen cy Addeodwn (pAR Form SOP)
646 Cmtiogency Addendum (pARF<nn SSP) o Tenant-Occupied Property Addendum (pAR Form TOP)
647 o Sale & Settlement of Other Property 0
648 Cmtiogency with Right to Cootinue 0
649 Marketing Addendum (PAR Form SSP-eM) 0
650 (8)
651
652
653 Buyer aod Seller acknowledge recelviog a copy of this Agreement at the time of sigoing.
654
655 NOTICE TO PARTIES: WHEN SIGNED, TIllS AGREEMENT IS A BINDING CONTRACT. Return by facsimile
656 transmissioo (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, coostitutes acceptance of this
657 Agreement Parties to tbls transactioo are advised to coosult an attorney before signing iflbey desire legal advice.
658
659 0 Buyer bas received the Coosumer Notice as adopted by tbe State Real Estate Commission at49 Pa. Code ~ 35.336.
6600 Buyer bas received a statement of Buyer's estimated dosing costs before signing tbis Acreement.
661 0 Buyer bas read aDd undentands the notices aod explanatory ioformation set fortk io tbis Agreemeat.
6620 Buyer bas received a Seller's Property Disdosure Statemeot bef<Jl'e signing this Agreemeot, if required by law (see
663 Inf<Jl'matioo Regarding the Real Estate Seller Disclosure Law).
6640 Buyer bas received tbe Deposit Money Notice (for cooperative sales when Broker f<Jl' Seller Is holdiog deposit money)
665 before signing this Agreement
666 BUYEKSJ\"~ING ADDRESS:
667 .,.
668 BUYER'S CONTACT NUMBER(S): 'lil 1(;>1.'11./15""
. "
51< N 'l~ s..\... \"'Q,v\~~" h. lIon
WITNESS
BOYER
DATE
669
670 Sellerhelcby approves the above cmtraclthis (date)
671 In considelalioo of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of
ofluom the herein specified sale price. In the event lbe Buyer deraults hereunder, any monies paid on acCOWlt
will be divided . Seller, , Broker for Seller, but in no evenl will the sum paid 10 the
Broker for Seller exceed the aboY!: specified Broker's fee.
672
673 0 Sellcr bas received tbe Consumer Notice as adapted by tbe State Real Estate Commissioo at 49 Pa. Code Ii 35.336.
r0 OJ'c.-II"' I ,
7-003
3REPARED BY AGENT: Nellion Anan. Owner
VS.2K. SIBndard AGreement For The Sale aReal Estate, 01JD2. Pennsylvania AssocIation or REAL TORSf>
;OPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORse zooz
~eaIFA$Tlll SoIIw""" ezo03, Verslcn 8.'2. Scftw.... Regl_to: Nelson Allen, ReaI1y Wood _., Ne\work
02/28103 12:59:29
P'9.'~2Q
Sellens) Initials AI
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740 Seller bas received a statement of Sell or's estimated closing costs beilre signing this Agreement. " .
75 0 Seller bas read aod understands the DOtices and explanatory informatillll set fortb io this Agreement.
76 SELLER'S MAILING ADDRESS: ~ Ceo' ~ ~I e.v, ~r. . .':-:-1 cJ. ~
77 ID 0"5 ll_. {' _ ::''T('~ ~CV\ , ,_
78 SELLER'S CONTACT NUMBER(S):
79 .0 '1n '},Lj--0';5&O
rITNESS
SELLER(j)
€)lfvu~y!-0~-W
(\1aA c.h. 11...c.m3
DATE
,80 Broken'lLicensees' Certifi""tioDS (cheek all that are applicable):
S810 Regardiog Lead-Based Paint Hazards DisclOlure: Required ifPrllperly was built before 1978: The undersigned Licensees
582 involved in Ihis transacti(]lJ, on behalf oflhemselves and their ~okers, certifY that their statements are true to the best of their
583 knowledge and belief: :
584 Acknowledl:D'ent: The Licensees involved in th is transaction have infcrmed Seller ofSeller's obligations under The Residential
685 Lead-Based Paint Hazard Reduction Act, 42 U.S.C. ~ 4852(d), and are aware of their respcnsibilily to ensure compliance_
686
6870
688
689
690
691 0 Regarding Mediatioo: The undersigned 0 BrokCl' fur Seller 0 Broker for Buyer agree to submit to mediation in accordance
692 with paragraph 28 ofth is Agreement.
693
694 BROKER FOR SELLER (Company Name)
695 ACCEPI'ED BY
696
697 BROKER FOR BUYER (Company Name)
698 ACCEPI'ED BY
Regarding FHA Mortgages: The undersigned Licensees involved in this transaClill'l, on behalf of themselves and their
brokers, certify that the lerms of this contract for purchase are true to the best of their knowledge and belief; and that any otber
agreement enlered into by any of these parties in connectim with this transaclim is attached to this Agreement.
DATE
DATE
PREPARED BY AGENT: Nelaon Allen, OWner
Ml-2K. Slandan! All......., For The Sole 01 Reel Estate. 01102. Pennsylvania Asscc:la1ll>n 01 REAL TOR~
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR~ 2002
RooIFASTt> Soi\wIlW, 02003. Version 8.12. Software RegiI10red 10: _ Alen, Raalty Wcrkl _or Nelwcr1<
Buyer(s) Initials _ 0212810312:59:29
P.I,_ 13 of 20
. .' .
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EXHIBIT B
'SELLER'SUPROPER:ri' DISCLOSURE STATEMENT SPD
1 Prope';YAdd~~I.1 [) d."O ":;+rc:eJ '!0c 1-..) ClUI' br/^\(\.I--D pC\.. ,
2 . 2
3Seller ---rJ....PIY'lnre. J f\JLLfal fl:::'. 1r.J I<rli,h' L. AJlltndJ:::, 3
4 A seller musl disclose 10 a buyer all known material defects about propeny being sold that are not readily observable. This disclosure 4
5 statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer in evaluating the propeny being 5
6 considered. 6
1 This Statement discloses Seller's knowledge of the condition of the propeny as of the date signed by Seller and is oot a substitute for 7
3 any Inspections or warranties that Buyer may wish to obtain. This Slatement is not a warranty of any kind by Seller or a warranty or 3
9 representation by any listing real estate broker, any selling real eSlllte broker, or their licensees. Buyer is encouraged to address concerns 9
o aboUI the conditions of the propeny thaI may not be included in this Statement. This Statemenl does not relieve Seller of the obligation 10
1 10 disclose a material defect that may not be addressed on this form. 11
2 A material defect is a problem with the propeny or any pottioo of it that would have a significant adverse impact on the value of the 12
3 residential real propeny or that involves an unreasonable risk to people on the land. 13
4 ~
5 I. SELLER'S EXPERTISE ,Seller does 1I0t pos$ess expettise in contracti"g, enginee,ring, architecture, or otber areas related to the 15
6 construction and conditions of the propeny and its improvements, except as follows: . 16
:7 2. OCCUPANCY . 17
8 (a) Do you, Seller, currently occupy this propeny? 0 Yes ~ 13
i9 If "no," when did you lasl occupy the propeny? Au Cj .J. 001 19
'0 (b) Have there been any pets living in the house or 0 er structures during your ownership? lR"Yes 0 No 20
" If "yes," describe:' d. C ,- 21
22
2Z
"
:4
'3 3. ROOF
(a) Date roof installed: Documented? 0 Yes 0 No rn-1lnknown
(b) Has the roof been replaced or repaired during your ownership? 0 Yes Q-1Ifo
(c) If "yes," were the existing shingles removed? 0 Yes 0 No 0 Unknown
(d) Has the roof ever leaked during your ownership? 0 Yes [;J..-/<IO
(e) Do you know of any problems with the roof, gutters or downspouts? 0 Yes ~
Explain any "yes" answers that you give in this section:
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" 4. BASEMENTS AND CRAWL SPACES (Complete only If aj!Plicable)
12 (a) Does the propeny have a sump pump? 0 Yes r3'No 0 Unknown
" (b) Are YOll a\Vare.o.f,.,:mY w~ter leakage, accumulation, or dampness within the basement or crawl :fa. ce!.. ~sD No
" If "yes/' descnbem detail: L,)('\ \-{or Ie:",)\ \-<.:> +\\.1 ou n II U.I VI r f I' \ \ _':' .c ,,1':':.", dUD I? .
:5 <,~.~ )
" (c) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
17 g...yes 0 No ;-
:3 If "yes," describe th IOCition, extent, date, d )lame of the person who did the repair or control effon:
39 "\ Ll I'. \ ,\ \ e tt
i5 5. TERMITESIWOOD.DESTRO-YlNG INSECTS, DRYROT, PESTS . i
" (a)' Are you aware of any termiteslwood-deslroying insects, diyrot, or Pests affecting the propeny? 0 Yes
'2 (b) Are you aware of any damage to the propeny caused by tem'.iteslwood.destroying insects, dryrot, or pests?
'3 (c) Is your propeny currently under contract by a licensed pest control company? 0 Yes' Q-jqQ
" (d) Are you aware of any tennite/pest control repons or treatments for the propeny in the last five years? crYes 0 No
:s Explain any "yes" an~wers that you give in this secti,'on, including the name of any~ervic~treatment provider, if app. liqble: _ "
16 +\.-....efl t.-!Ct.... ,(.( d^tT"OC-\ c\\. ~-.\.'.J: \--',JU~t::" f/\ \ -ll..t,:j!-J l\...f!\ pt...\.Cc. hC\~r:.:.rl.
., 6. STRUCTURAL ITEMS
" (a) Are you aware of any past or present water leakage in the hGuse or other structUi..,S? B'Yes 0 No
'-'-..- {b) AreY<llHlWare<lfany-pastorl'resent'muvement;-sltiftin-g;<fetenoratiOn;orOlliefproblemswilh walls;l'ouildations, or other strue.: "
00 turaI' components? 0 Yes tt"No
;1 (c) Are you aW,">-of any past or present problems with driveways, walkways, patios. or retaining walls on the property?
-, 0 Yes trNo
i3 (d) Is your propeny constructed with an Exterior Insl.dating Finishing System (EIFS), such as drivit or syr.thetic 'stucco?
" 0 Yes 0 No ()-'(fnknown . L r." _ L
,; If "yes," describe any known problems: L...)CL 1--'2,' (/(-:1.. \(: \ '''''i d S I 0 r., \ .@ C:U\',
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Page I of 4
Seller's Initials: V-t/'..'
COPYRIGHT PENNSYLVANIA ASSOCiATION OF REALTORS. 1m
6/01
57
5:-
~e) Are there any defects in flooring, including stains?
.,' If "yes," expiain: .
DYes
8'ilo
o Unknown
51
If "yes," describe:
6t
'9
8. WATER AND SEWAGE
(a) What is the'source of your drinking water? ~blic Water
o Community Water 0 None 0 Other (explain)
(b) If your drinking water source is not public:
When was your water Iasl tested?
Is the pumping system in working order?
If "no," explain:
(c) Do you have a softener, filter, or other purification system? 0 Yes
If ''yes,'' is the system 0 Leased 0 Owned
(d) What is the type of sewage system? Q-t1Ublic Sewer 0 Individual On-lot Sewage Disposal System
o Individual On-lot Sewage Disposal System in Proximity to Well 0 Community Sewage Disposal System
o Ten-acre Permit Exemption 0 Holding Tank 0 None 0 None AvailableJPermit Limitations in Effect
If Individual 00-101, what type? 0 Cesspool 0 Drainfield 0 Unknown 0 Other (specify):
Is there a septic tank on the Property? 0 Yes 0 No 0 Unknown
If ''yes,'' what is the type of tank? 0 MetaUsteel 0 Cement/concrete 13 Fiberglass 13 Unknown
13 Other (specify):
Other type of sewage syslem (explain):
o On-Site Water (Well on Property)
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What was the result of the test?
13 Yes 13 No
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12
13
14
15
16
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89
90
91
92
93
94
95
96
97
98'
99 If "yes:' explain:
OD 10. HEATING AND AIR CONDI1;ION~G "
D1 (a) Type of air conditioning: l:YCentral Electric .13 Central Gas
02 Number of window units included in sale Location'
D3 (b) List any areas of the house that are not air conditioned:, d. ~
D4
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71
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(e) When was the on-site sewage disposal system last serviced?
(I) Is there a sewage pump? 13 Yes ~o
If "yes," is it in working order? 13 Yes 13 No
(g) Is either the water or sewage system shared? 13 Yes 13 No
If "yes," explain:
(b) Ar<;.J'ou aware of any leaks, backups, or other problems relating to any of the plumbing, w, ater, and sewage-related items?
trYes 13 No \' ..' " \. '.L. I-
If ''yes,'' explain: 1< DO \.) ,;, ~_L.) e r ? \ ,'le' \ 0\.,\ '..-J,) '0 -:, ," e...L \
9. PLUMBING SYSTEM ,/,
(a) Type of plumbing: IT Copper 13 Galvanized 13 Lead 13 PVC 13 Unknown
13 Other (explain):
(b) Are you aware of any problems with any of your plumbing fixtures (e.g., including but not limited to: kitchen, laundry, or bath: ('
room fixtures; wet bars; hot water heater; etc.)? 13 Yes i:H<IO
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(c) Type of heating: I:J'1ife'ctric 13 Fuel Oil trNatural Gas 13 Propane (On-site)
Are there wood or coal bUrning stoves? 13 Yes C1-NQ If "yes," how many? _ Are they working?
Are there any fireplaces? 13 Yes G--NO If "yes," how many? _ Are they working? 13 Yes
Other types of heating systems (explain):
10,
If "yes," how many? _
Aft they working?
13 Yes
11::
13 Yes 13 No It'
13 No 10
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13 No
(d) Are there any chimneys? ifY~" 13 No
I.I'!\.."
When were they last cleaned?
(e) List any areas of the house that are not heated:
--
(I) Type of water heating: 0 Electric 0 Gas 13 Solar
(g) Are you aware of any 'underground fuel tanks on the property?
If'''yes,'' describe:
If tanks are uot owned, explain:
(b) Are you aware of any problems with any item in this section?
If "yes," explain:
13 Other:
13 Yes
tr1fo'
13 Yes
lTN':
20
Page 20f4
v.,J
Seller's Initials: ,IJ"
"
-li,'ELECTRICAL SYSTEi\.1 Are yo'l aw~e of 1"\Y pro,blems or repairs needed in the electrical system? crYes 0 No 121
If'9'es," explain: 'SW \ I,. Cr- 1.L. '1\'-'=' 1"\ bC\ -:.Q'i\C ,'-t 122
12. OTHER EQYIP.~ AND APPLIANCES INCLUDED IN SALE (Complete only if applicable) . ,J I 123
Equipmenl and appliances ultimately included in the sale will be detennined by negotiation and according to the tenns of the 124
Agreemenl of Sale. 125
(a) 0 Electric Garage Door Opener No. ofTransmillers _ 126
(b) 0 Smoke Detectors How many? _ Location 127
(c) 0 Security Alann System 0 Owned 0 Leased 0 Lease Infonnation 128
(d) 0 Lawn Sprinkler No. _ 0 Automatic Timer 129
(e) 0 Swimming Pool 0 Pool Heater 0 SpaIHOI Tub 130
PooVSpa Equipmenl (lisl): 131
(f) ~frigeralor 0 Range, 0 Microwave Oven 0 Dishwasher 0 Trash Compactor ~age Disposal 132
(g) 0 Washer 0 Dryer 133,
(b) 0 Intercom L 134
(i) ~ilingfans No.~ Location I. J<tlu,J'(\ Df( ~ o{Z. 135
G) 0 Other: 136
Are any items in this section in need of repair or replacement? 0 Yes " ~; 0 Unknown 137
If "yes," explain: ' 138
13. LAND (SOILS, DRAINAGE, AND BOUNDARIES) 139
(a) Are you aware of any fill or expansive soil on the property? 0 Yes cr1fu 140
(b) Are you aware of any sliding, settling, 9'f!h movement, upheaval, subsidence, or earth stability problems that have occurred on 141
or affecl the property? 0 Yes [9"No 142
Note to Buyer: The property may be subject to mine subsidence damage. Maps of the counties and mines where mine subsidence 143
damage may occur and mine subsidence insurance are available through: Departmenl of Environmental Prolection, Mine Subsi- 144
dence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100 145
(outside Pennsylvania). 146
(c) Are you aw"'Y of any existing or proposed miuing, strip-mining, or any other excavations that might affect this property? 147
DYes trNo 1"
(d) To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? 0 Yes C:J"No 149
(e) Do you know of any past or present drainage or flooding problems affecting the property? )J Yes cr1'io m
(f) Do you know of any encroaclunents, boundary line disputes, or easements? 0 Yes if No 151
Note to Buyer: Most propenies have easements running across them/or utility services and other reasons. /n many cases, the 15:<:
easements do not restrict the ordinary use of the property, and Seller may not be readily aware of them. Buyers may wish to 153
determine the existence of easements and restrictions by examining the property and ordering an Abstract of TItle or searching 1~.l
the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale. 1"
(g) Are you aw~of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? 1'6
DYes LfNo 157
Explain any "yes" answers that you give in this section: 156
I 1:3
, 14. HAZARDOUS SUBSTANCES 160
(a) Are you aware of any underground tanks (other than fuel tanks) or hazardous substances present on the property (structure or soil) 161
such as, b~t,)lOtlimiled I~, asbestos, POl~ChlOrinate,d biphenyls (PCBs), U~eafonnaldehyde F?am Insulation (UFFI), etc.? 162
DYes LfNo . ,. " ./ 163
(b) To your knowledge, has the property been tested for any hazardous substances? 0 Yes [r No 114
(c) Do you know of any other environmental concerns that inight impact upon the property? 0 Yes crNo 16'
Explain any "yes" answers that you give in this section: 166
I
I
I
"
(d) Do you know of any tests for radon gas that have been perfonned in any buildings on the property? 0 Yes No
If "yes," list date, type, and results of all tests below:
DATE TYPE OF TEST REsULTS (picocurieslliter or working levels) NAME OF TESTING SERVICE
(e) Are you aware of any radon removal system on the prope.rty? 0 Yes 0 No
If "yes," lisl date installed and type of system, ani! whethbr it is in working order below:
DATE INSTAlLED TYPE OF SYSTEM PROVIDER
WORKlNG ORDER
DYes 0 No
DYes 0 No
DYes 0 No
Page 3 of 4
Seller's Iuitials: I!.LtJ
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CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only If applicable)
Type: 0 Condominium 0 Cooperative 0 Homeowner Association or Planned Community
'9
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to lhe provisions of the "Real Estate Seller Disclosure Act," the undersigned eltecUlor. administrator or trustee is not required 10 fill out a Seller's Property
Disclosure Statement. The executor, administrator or trustee, must, however, diselo3e an:.- known material der:ct(s) of the property.
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BUYER
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Page 4 of 4
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DATE
DATE
DATE
24,
, .
'* . ..- ~
VERIFICATION
I, Eugene F. Eagle, Jr., hereby verify that I have read the foregoing
Complaint and that the information contained therein is true and correct tot he
best of my knowledge, information and belief. I understand that false statements
herein are subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn
falsification to authorities.
DATE: 'J...-').- 0 'I
~ ..,- ..
.,. ".-' j
CERTIFICATE OF SERVICE
AND NOW, this 2nd day of February, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Important Notice by mailing a true
and correct copy via United States first class mail, addressed as follows:
David J. Lanza, Esquire
Johnson, Duffie, Stewart & Weidner
P.O. Box 109
Lemoyne, PA 17043-0109
Attorney for Theodore Nutaitis
AND
Kristi L. Dodge
520 Walton Street
Lemoyne, PA 17043
LAW OFFICES OF MARK K. EMERY
,"'7- . ~----:,"
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By: ~'~7~ .//----.-7
YMark K. mery ///'
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David J. Lanza
!.D. No. 55782
2157 Market St.
Camp Hill, Pennsylvania 170 II
(717) 730-3775
Attorney for Defendants
EUGENE EAGLE, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 03-6631
v.
CIVIL ACTION - LAW
THEODORE NUT AITIS AND KRISTI
DODGE,
Defendants
PRELIMINARY OBJECTIONS OF DEFENDANTS
DEMURRER
I. Plaintiff's complaint fails to state a claim upon which relief can be granted.
2. Plaintiff purports to file a breach of contract action based upon an agreement of sale for real
estate.
3. The aforesaid agreement has merged into the deed for the premises at settlement and cannot
constitute a basis for a contract breach action.
4. Plaintiff has failed to state facts supporting a claim for negligent misrepresentation.
5. Plaintiff has failed to plead facts supporting his conclusory allegations of "actual or
constructive knowledge" of alleged defects.
6. Plaintiff's Complaint is barred by the existence of a separate action, as Plaintiff has filed two
identical Complaints with identical parties and allegations under two different docket numbers.
7. Plaintitrs Complaint is identical to the pending action captioned at 04-178.
Wherefore, Defendant requests that this Court dismiss Plaintitrs Complaint, or, in the alternative,
dismiss Counts I and II and require a more specific pleading for Count III.
Respectfully submitted,
By:
1// ~
David J. Lanza
Attorney I.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
CERTIFICA TE OF SERVICE
AND NOW, this Ufl.. day of February, 2004, the undersigned does hereby certify that he did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
Mark Emery, Esq.
410 North Second Street
Harrisburg, P A 1710 1
OJ-J I ~
David J. Lanza
(") '" C)
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West Long lie
105 North Front Street
Suite 205
Harrisburg, PA 17101
(17) 233-5051
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EUGENE EAGLE, Jr.
v.
CASE NO. 03-6631
Civil Action - Law
THEODORE NUTAITIS AND KRISTI
DODGE
Defendants
SUBSTITUTION OF COUNSEL
TO THE PROTHONOTARY:
PLEASE ENTER TIIE APPEARANCE of Robert R. Long, Jr. as counsel for
Defendants, Theodore Nutaitis and Kirsti Dodge, in the above-referenced matter and remove
David J. Lanza, Esquire, who withdraws as counsel.
Respectfully Submitted,
By:
Robert R. Long, Jr.
105 North Front Stre , Suite 205
Harrisburg, P A 17101
(717) 233-505l .
,~,{L
David J. Lanza, Esquire
2517 Mark,~t Street
Camp Hill, PA 17011
Dated: February Ill, 2005
CERTIFICATE OF SERVICE
I hereby certify that on this 10m day ofFebruary, 2005, a true and correct copy of the
foregoing Substitution of Counsel was served upon the party named below by depositing same in
the United States Mail, First Class postage prepaid, and addressed as follows:
David J. Lanza, Esquire
2517 Market Street
Camp Hill, PA 17011
Mark Emery, Esquire
410 North Second Street
Harrisburg,PA 17101
lClt.bOl(:JJV~. ~'i1'
-M."'L Trula G. Gross .
U - Paralegal
, ,
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EUGENE EAGLE, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
CASE NO. 03.6631
Civil Action - Law
THEODORE NUTAITIS and KRISTI
DODGE,
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above action as filed by Plaintiff Eugene Eagle, Jr. against Defendants
Theodore Nutaitis and Kristi Dodge as SETTLED, DISMISSED and DISCONTINUED WITH
PREJUDICE.
Respectfully Submitted,
LAW OFFICES OFMARKK. EMERY
By:
~~ ?
Mark Emery, E~
410 North Second Street
Harrisburg, P A 171 0 1
Counsel for Plaintiff, Eugene F. Eagle, Jr.
Rtr"'f
Dated: ra-ary rh~ ,2005