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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
COMMON PLEAS No, 0 '+
17 j7
NOTICE OF APPEAL
Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the
District Justice on the date and in the case mentioned below,
NAME OF APPELlANT
T\".uJo,',
MAG. OISI. NO. OR NAME OF D.J.
N ..,tc.\;t ,'}
0'1-1-0 ,
LT YEAR
STATE
<-,I, E"JI.( M.'p P-A
IN THE CASE OF (PLAINTIFF) (DEFENDANT)
f"jl'l E"':.Jc....r<:- vs, fV,A.....,ti'~ I I~..o~'<::-
SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
DAVIP J, LArJ1::A
(\ """, ~. "W.oI \ """~
CITY
ZIP CODE
ADDRESS OF APPELLANT
6<.ljl. (toc~Y gQX'
OATE OF JU~~E\:'1 \ 03 1
561- 03
nTs (
CLAIM NO.
CV YEAR
(]J~11 i '
This block will be signed ONLY when this notation is required under PA.
R,C,P,J,P, No, 10088,
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case,
If appellant was Claimant (see PA R,C.P,JP,
No, 1001(6)) in action belore district Justice, he
MUST FiLE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature or Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C,P.J,P, No, 1001(7) 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
fVj~'" fq.'l\'?
Name of appeflee(s)
_' appellee(s), to tile a complaint in this appeal
(Common Pleas No,D t.f - I? 15
) within twenty (20) days after service of rule or suffer ent~~ of judgment of non pros,
~L M l\~r~'1 f,.. .~t'\\~~
Sig ature of appellant or his afforney or agent
RULE: To
E v~e'" E" ,\t.
Name of appeJrAe(s)
, 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
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date at the mailing,
Date:
1- /Y
,Year () t./
-Au.p...:
U ' Signatu,e of Pmfhonotaoy
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Court File Copy
Appelant's Copy
Appellee Copy
D. J, Copy
Proth. - 76
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFI DAVIT: 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 of service) , year , 0 by personal service 0 by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name _ _ _ ____, on
, year , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto.
o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on ___' year _~, 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME
THIS
DAY OF
, YEAR ____'
Signature of Affiant
Signature of official before whom affidavit was made
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NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF; NAME ilncl AODRl;SS
r'EAGLE JR, EUGENE F
710 SECOND STREET
NEW CUMBERLAND, PA 17070
L
DEFENDANT; N.AME~n~ AODRESS
INuTAITIS, THEODORE, ET AL.
PO BOX 271
EAGLES MERE, PA 17731
L
, ' .
I Docket No,: CV' 0000569 - 03
Date Filed; 10/30/03
I
,
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\
CHARLES A. CLEME!IT, JR.
<100 B~GE STREE'I'
OLOE TOWNE COMMONS - SUITE 3
NEW cmmERLAND, PA 17070
I
. I "
THIS IS TO NOTIFY YOU THAT:
Ju1gment FOR PY.)l,.TN'I'TFF
[i] JU9gment was entered for: (Name) RI\c-:r.R ,TI!, F.ITC-:F.NF. Ii'
[i] Juqgment was entered against (Name) DODGF., IOHS'I'T r,
in the amount of $ F;, "11 "I t:;n on; (Date of Judgment)
I
o Delendants are jointly and severally liable,
o Dalnages will be assessed on:
I
o Thik case dismissed witllout prejudice,
I
O Amlount of Judgment Subject to
AttachmentJ42 Pa,C,S, 9 8127 $
o Po~on of Judgment for physical
darrjages arising out of residential
leas~ $
I
ANY PARTY HAS THE RIGHT TO APPEAl WITHIN 30 DAYS AnER THE ENTRY OF JUDGMENT SY FiliNG A NOTICE
OF APPEA~lwITH THE PROTHONOTARY/ClERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU
MUST INC~~DE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRlpT FORM WITH YOUR NOTICE OF APPEAL.,
EXCEPT 4S OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOlDER
ELECTS TO IENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, A~L. FURTHER PROCESS MUST COME FROM THE COURT
OF COMMOll ~LEAS AND NO FURTHER ~ROCESS MAY 8E IssueD SY THE' DISTRICT JUSTICE, ,,"'..';0,.
i ," '..
UNLESS 1HE JUDGMENT IS ENTERED IN THE COURT OF COMMON ~LEAS, ANYONE INTeReSTEQ.1!ij;rHE JUDQMEl!;t MAY FIL.E
A REQUeslj FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DE.~l'~I1:-~.AYS'1N FUL~:,Si,rr:"ES,
OR OTHERWISE COMPUES WI,H THE JUOGMENT, ", ," ~_7 c>".',' ",
1 ' ~,- .," -
DEe 1]7 20D3Date ~ Q, ~, =..' -:';~i~i;~~:Lt:c~::)
I certify tr at this is a true and correct copy of the record of the proceedings GOntajniri'g'l~~,~Ogment:""""I'
I D:;l,to J Dl~'t'r'H::!i ~us::ticr;:o
,
I
My comTssion expires first Monday of January, 2008 '
AOPC315r03 DATE PRINTED: 12/17/03 3:23:27 PH
I
01/14/04 08:41 FAX 7177746684
COMMO~WEAL TH OF PENNSYLVANIA
COUNTY10F' CUMBERLAND
D J CLEME"'T
MaG. Ji->:I. Nf':
DJ lIJame: ~on.
~ES A. CLEMENT, JR.
Ad,,,,, 400 BRIDGE STREET
OLDE 'I'OWNE COMMONS -SUITE 3
NEw CUMBERLAND, PA
To"pho",1(717) 774 -5989
09-1-01
vs,
17070
1?/17/0"l
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
I Certified Judgment Total $
SEAL
I4i 001
I
.J
I
,
-i
..
$ 5,440.00
$ 123.5Q
$ .00
$ 750.00
$ 6,313.50
$
$
-----------
------------
---;-,...r;-.'---,-..,-----------....-
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing tho notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; 55
AFFI DAVIT: I hereby swear or affirm thaf I served
~Opy of the Notice o! Appeal, Common Pleas No.
(date of service) I -/ld- ' year
, upon the Dlstnct Justice designated therein on
erson,ll service ~ (certlfled) (registered) mall, sender's
6'..l9/e. err: " ,on
I
by (certified) (registered) mail, sender's receipt attached hereto.
,year 0 L/
~nd further that I served the Rule to Fiie a com~int accompanying the above Notic" of Appeal upon the appellee(s) to
whom the Rule was addressed on I-I ' year ~_, 0 by personal service ~ (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS\'\.~ DAYO~EAR~'<"'~.
,~~~
S~08tu'eotoffdetbefo"whom'ttd'''t~~-
Signature of Affiant
Title of official RIAL SEAL
DIANNE LENIG. Notary Publie
My commission ert:e, Borough CumbeMllllO ,
_V Commission Ex~ims Dee, 21, 2005
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. () If
/7/
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 Justice on the date and in the case mentioned below.
NAME OF APPELLANT
h < " .J ""
N".'\",;i,',
MAG. DIST. NO. OR NAME OF D.J.
ADDRESS OF APPELLANT
E:,~ \., (to,i-i
DATE OF JUDGMENT
\'t.\1\\03
Oq-t-o
blax <,I
IN THE CASE OF (PLAINTIFF)
~ 1J \c
CITY
STATE
o f\
ZIP. CODE
,Tn,
L- (II';, \,1., l '"
CLAIM NO.
i" ";<'''''<:''
V.
SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
DAVIt> 1. L.A rJ! A
1\\'<" 1 I""
(DEFENDANT)
....-\ "'. t , )
.... 0<;;(;....,
CV YEAR
LT YEAR
5 b 1- ~ 3
I I
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This block will be signed ONLY w~en this notation is required under PAc
R.C.P.J.P. No. 1008B. ;,
This notice of Appeal. when receiVtJd by the District Justice, will operate as
A SUPERSEDEAS to the Judgme~t for possession in this case.
If appellant was Claimant (see PA R.C.P.JP.
No. 1001(6)) in action before district Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) 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
l.: -.I].", E. "e,k
Nar;'B o( appe/lee(s)
. appellee(s). to file a complaint in this appeal
(Common Pleas No.. I L{ _
-
) within twenty (20) days after service oJ rule or suffer entry, of judgment of non pros.
, ) I'
\j.--, / ).-"y '-~ "- ':, ~i .., .~. ., I.. fJ.,_~ t
Signature of appellant or his attorney or agent
';
RULE: To
t. J}a (\ c E . ~ It.
Name of appall e(s)
. 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
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
lJPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
/-/Y
,
,Year /) y'
1, / I t). . Sig,;;,1J;~t ::i;~a;;;d;"uty
. I
V
White
Green
Yellow
Pink
Gold
Prothonotary Copy
Cou,rt File Copy
Appelan!'s Copy
Appellee Copy
D. J. Copy
Proth. - 76
Johnson, Duffie, Stewart & Weidner
By: David J. Lanza
LD. No. 55782
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant
EUGENE F. EAGLE, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 04-178
v.
CIVIL ACTION - LAW
THEODORE NUTAITIS, et aI.,
Defendant
PROOF OF SERVICE
AND NOW, this 21't day of January, 2004, the undersigned does hereby certify that she did, on
January 14, 2004, serve a copy Df the Proof of Service of Notice of Appeal dated January 14, 2004, upon the
other parties of record by causing same to be deposited in the United States Mail, first class, postage prepaid,
at Lemoyne, Pennsylvania, addressed as follows:
District Justice Charles A. Clement, Jr.
400 Bridge Street
Olde Towne CDmmons, Suite 3
New Cumberland, PA 17070
Eugene F. Eagle, Jr.
710 Second Street
New Cumberland, PA 17070
JOHNSON, DUFFIE, STEWART & WEIDNER
By: (
jlb:223315
U.S. Postal Servi"",;
CERTIFIED MAil"" RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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EUGENE F. EAGLE, JR
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff,
NO. 04-178
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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.
v.
CIVIL ACTION - LAW
o
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L\_: I'll
THEODORE NUTAITIS and
KRISTI L DODGE,
JURY TRIAL DEMANDED
NOTICE
t~::
.~~;:)
;p. ;. ~7~
~
Defendants
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. 04-178
v.
CIVIL ACTION - LAW
THEODORE NUTAITIS and
KRISTI L DODGE,
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")
J
5. Prior to completion of the sale, Defendants provided to Plaintiff a Seller's
Property Disclosure Statement. (attached and incorporated herein as
Exhibit "8")
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:
'~~~ --'^
~~~/--::;?
Mark K. Emery, Esquire
Supreme Court 1.0. 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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f'. .
STANDARD AGREEMENT FOR 11IE SALE OF REAL ESTATE AlS _ 2K
This ilnn recommended and a.pprtl\'Cd fDr. but notn:strictcd 10 ux b)', members oflhc PCIUIS)ivanil Assadarian ofR.EALTORSdD (PAR).
SELLER'S BUSINESS RELATIONSHIP WITII PA LICENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS DIE AGENT FOR SELLER. Designated Agenl(s) for Seller, if applicable:
OR
Broker Is NOT tbe Agent for Seller and is alao: o ACUff FOR BUYER o tRANSACTION"LICENSEE
BUYER'S BUSINESS RELATIONSHIP WI'IH PA LICENSED BROKER
BROKER (Compauy) PHONE
ADDRESS FAX
BROKER IS DIE AGENT FOR BUYER. Designated Agenl(s) for Buyer, if applicable:
OR
Broker Is NOT the Ageatfor Buyer and is alan: 0 ACENT FOR SELLER 0 'SUBACE:\'T FOR SELLER 0 TR.~NSACTION LICENSEE
I
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27
. 28
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31
32
33
,
When tbe same Broker Is Agent fnr Seller and Agent for Buyer, Broker Is a Dual Agent. All of Broker's licensees are also
Dual Agents UNLESS there are separate Designafed Agents for Buyer and Seller. If the same Licensee Is designated for
Seller and Buyer, the Licensee Is a Dual Agent
1. This Agreement. datedF ' onn,
SELLER(S)' . \ +
Jhf'{)dOfP,J. '~U+-()l\JS ,TI(, t
,
M eLfc...Y\. t, Lba3
, is between
I<nsh. L. f\luJ-a..ilis
called "Seller," and
BUYER(S):
Ell Jei1e... F E O-!]/e, JIC~
called "Buyer.."
2. PROPERTY (1-98) Seller hereby agrees to sell and convey to Boyer, who herehy agrees to purchase:
ALL THAT CERT 10 or piece of ground with buildings and improvements thereon erected. if any, known as:
in~ ~
County of r in tbe Commonwealtb nfPennsylvania, Zip Code
Identification (e,g., Tax ID II; Parcel II; Lot. Block; Deed Book, Page. Recording Date)
~
1.. OlD
3. TERMS (1-02)
(A) Purchase Price
.$I \ \ ~. 000,DO
which will be paid to Seller by Buyer as follows: .
. I. Casb or chcck at signing this Agreemenl: J:l1.,DOOdlf) d Opn;\t-
2. Cash... check within days of the execution of Ibis Agreement:
3.
4.
V.s. Dollars
$
S
S
$
TOTAL S
(B) Deposits paid on account of purchase price to be held by Broker for Seller. unless otherwise stated here:
Cash, cashier's or certified check at time of settlement:
(C) Seller's written approvJllto be on ... before:
CD Settlementtobeon J~'\e... l, .).003. ....beforeifBuyerandSelleragree.
(E) Conveyance rrom Seller will be by fee simple deed of special warranty unless otherwise stated here:
(F) Payment oftransfi:r laxes will lie divided equally between Buyer and Seller unless rilherwiseslllted here:
(0) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer arId iieller, reimbursing where
applicable: taxes (see Information Regarding Tax Proration); rents; interest on mortgage assumptioos; ccndominium fees
PREPARED BY AGENT: Nelson Allen, Owner
A1S-ZK - Slandard Agreement For The Sale Of Real Estate, 01/02. Pen'1sylvania Association of REAL TORse
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS4Il200:i
ReaIFAST4D Software, 02003. Version 6.12. Softw'are Registered to: Nelson AUen. Really World Broker Network
Buyer(s) lnilials _ 02/28103 12:59:29
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and homeowner association fees, if any; water and/or sewer fees, if any, together with any ether lienable municipal service.
The charges are to be pr()-rated fur the period(s) co_ed: Seller will pay up to and including the date of settlemenl; Buyer
will pay fur all days fullowing settlement, unless otherwise stated here:
FIXTURES & PERSONAL PROPERlY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items pennanently installed in the Property, free of liens,
including plumbing; heating; lighting fixtures (including chandeliers and ceiling fims); water treatment systems; pool and spa
equipment; garage door openers and transmitters; lelevision antennas; shrubbery, planlings and unpotted trees; any remaining
heating and cooking fuels stored on the Property at the time of settlement; waU to wall carpeting; window covering hardware,
sbades and blinds; built-in air conditioners; buil~li70.~d the ra~geIoven unl!'55 o~ ~~ included:
re n of' r, (' p hUM! rtl e
,
(B) LEASED items (not owned by Seller): .
(C) EXCLUDED fbdures and items:
DATESmME IS OF THE ESSENCE (1~2)
(A) The said date fur settlement and aU cther dates and times rererred to for 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 will be counted from the date of execution, by excluding the day this
Agreement was executed and including the last day ofthe time period.
(C) The date of settlement is 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>printed in this Agreement as a calvenience to 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.
M9RTGAGE CONTINGENCY (l~2)
lB'w AlVED. This sale is NOT contingent on mortgage linancing.
o ELECTED
(A) Th is sale is contingent upon Buyer obtain ing mortgage financing as follows:
L Amount of mortgage loon $
2. Minimum Term years
3. Type of mortgage
4. Interest Tate %; however, Buyer agrees to accept the interEst rate as may be committed by
tbe mortgage lender. not to exceed a maximum intercstrateof %.
S. Discount points, loan aig;nation, loan placement and other fees charged by the lender as a percentage ofthe mortgage
loan (excluding any mortgage insurance premiums or V A 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 Bu~ the right
to guarantee an interest rate at or below lbe Maximum~lnterest Rate specified herein with the percentage fees at or below
the amount specified herein. Buyer gives Seller the right, at Sell~s sole option and as permitted by the mortgage lciriaer
and applicable laws, to cootribute financially, without pranise of reimbursement, to the Buyer and/or mortgage lender to
make the aJ>ove terms a vailable to Buyer.
(B) Within U 0 DAYS (10 da)'ll if not specified) of the execution of this Agreement, Buyer will make a canpleted,
written mortgage application fur lhe mortgage terms specified above to a responsible ma1gage lender. Tbe Broker for
Buyer, if any, otberwiae tbe Broker for SeUer, i. aulborized to commuaicate witb tbe mortgage leoder for tbe
purposes of assisting in Ibe mortgag;!!!fll P.fOCCss. A PItl (4.. 2.003
(C) L Mortgage commitment date ~,:...~ . Ifa written commitment is not received by Seller by
the above date, Buyer and Seller agree to extend the morll:age commitment date until Seller terminates this
Agreement in writing by notice to Buyer.
2. Upon receipt ofa mortgage commitment, Buyer will prcmptly deliver a copy of the commitment to Seller.
3. Seller has the option tn terminate this Agreement in writing, after the mortgage commitment date if the mortgage
commitment:
a. Is'not valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement of any olber property, OR
c. Contains any other condition not specified in this Agreement that is not satisfiedandJor removed in writing by
the mortgage lender within 7 DAYS after the mortgage commitment date In paragnph6(C)(I).
4. !fthis Agreement is terminated as specified in paragrapb. 6 (C) (I) or (3), or the mortgage loan is not obtained for
settlement, all deposit monies paid on account of purchase price will be returned to Buyer. Buyer will be responsible
PREPARED BY AGENT: Nelson Allen. Owner
AJS.2K - Standard Agreement For The Sale or Real Estate, 01102. Pennsylvania Associatiiln r:J REAL TORM>
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS<<l2002
RealFASTe Software. 02003. Version 6.12. Software Registered: to: Nelson Allen, Realty World Brcker Nefworlc
Buyer(s) Initials _ 0212810312:59:29
Pag, 1'ilf 2C
Selter(s) lnitial.5~
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II ] FRANA, IF APPLICABLE
112 (F) It is expressly agreed that notwithstanding any other provisions of this contract, Buyer will not be obligated to complete the
I] 3 purchase of the Property described herein or to incur any penalty by fcrfeiture of earnest money deposits cr otherwise unless
114 Buyer bas been given. in accordance with HUDIFHA cr VA requirements, a written statement by the Federal Hwsing
115 Commissimer, Yeterans Admin~tion, or a Direct Endorsement Lender setting forth the appraised value of the
116 Property of not less than $ .J.. ll4tJ hD , t> (') (the dol]ar amoont to be inserted is the sales price as stated in th is
117 Agreement). Buyer will have the privilege and option of proceeding with m1summation of the contract without regard to
118 the amount of the appraised valuation. The appraised valuatioo is arrived at to determine the maximum mortgage the
119 Department of Hwsing and Urban Development will insure. HUD does not warrant the "due ncr the cmditioo of the
120 Property. Buyer should satisfy himseIDherselfthat the price and condition of the Property are acceptable.
121 Warning: Section 10]0 of Title 18, U.S.c., Department of Hwsing and Urban Development and Federal Hoosing
122 Administration Transactims, provides, "Whoever for the purpose of . . . influencing in any way the action of such
123 Department, makes, passes, utters, or publishes any statement, knowing the same to be false . , . shall be fined under this
124 title or imprisoned not mere than two years, or beth."
125 (G) U.S. Department of Housing and Urban Development (HUn) NOTICE TO PURCHASERS: Buyer's
126 Acknowledgement
127 0 Buyer has received the HUD Notice "For Your Protection: Get a Home fnspection" (see Notices and Information on
]28 Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has
129 thought about this before signing this Agreement.
130 Buyer's Initials Date
13! (Ii) Certification We the undersigned, Seller(s) and Buyer(s) party to this transactioo each certifY that the terms of this cootract
. 132~~'--'..fcrpurchase are true to the best of our knowledge and.belief, and.that any other agreement entered into by any of these
133 parties in cOMection with this transaction is attached to tbis Agreement. .. __
134 7. INSPECfiONS (1-O2)
135 (A) Seller agrees to permit inspections by authorized appraisers, reputable certifiers, insurer's representatives, surv<)tlrs,
136 municipal officials and/or 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 for in the terms of th is Agreement. Buyer has the right to
138 attend all inspections.
139 (B) Buyer reserves tbe right to make a prf>-settlement walk.through inspection of the Property. Buyer's right to make this
140 inspection is not waived by any <therprovision of this Agreement.
14] (C) Seller will have heating and all utilities (including fuel(s)) on for the inspections.
142 (D) All inspectors, including homeinspect<X's, are authorized by Buyer to provide a copy of any reports to Broker f<X' Buyer.
143 8. PROPERTY INSPECfiON CONTINGENCY (1-02)
144 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's
145 election here.
146 0 WA.IVED. B~ understands .that Buyer has tbe option to request inspections of the Property (see Properly Inspection
147 Nohces ~d Envlfonmental NotIces). BUYER WAIVES TIllS OPTION and agrees to the RELI;ASE set. forthin paragraph
148 1. 25 of thIs Agreement. .
149 ~ELECTED
150 (A) Within DAYS (15 days if not specified) of the executim ofthis Agreement, Buyer, at Buyer's expense. may choose
151 to have inspections and/or certifications cm:"pJeted by licensed or otherwise qualified professionals (see Property In.~ion
PREPARED BY AGENT: Nelson Allen. Owner
NS-2K -Standard Agreement For The Sale Of Real Estate. 011D2. Pen,..~ylvanl.il Association cf REAlTORSe
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS'" 2002
RealFASTe Software, C20D3. Version 6.12. Softwart! Reglsl8red to: Nelsen Allen, Realty Wcrfd Broker Network
BUYer(s) Initials _ 02l281C3 12:59:29
fa any premiums for mechanics' lien insurance aod/or title search. or fee for cance1latioo of sam~, if any; 'AND/OR
any premiums for flood insurance, mine subsidence insurance and/or fire insurance with extended coverage, or
cancellation fee, ifany; AND/OR any appraisal fi:es and charges paid in adwnce to the 'mortgage lender.
(D) If the mortgage lender requires repairs to the Properly, Buyer will, upon receipt, deliver a tq>y of the mortgage lender's
requirements to Seller, Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, nrtify
Buyer whether Seller will make the required repairs at SeI]er's expense.
1. If Seller chooses to make the required repairs. Buyer will accept the Property and agree to the RELEASE set furth in
paragraph 25 of this Agreement,
2. If Seller chooses not to make the required repairs, or if Seller fails 10 respnad within the time given, Buyer will,
within 5 DAYS, notify Seller in writing of Buyer's choice to terminale this Agreement OR make the
required repairs at Buyer's expense and with Seller's premission, which wiJI not be unreasonably withheld. If Seller
denies Buyer pennissilXl to make the required repairs, Buyer may, within 5 DAYS of Seller's denial,
tenninate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be YOID.
(E) ~lIer Assist
)!l. NOT APPLICABLE
o APPLICABLE. Seller will pay:
Os
o
, maximum, toward..Buyer's costs as permitted by the mortgage lender.
. .
Page 3 of 2C
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Notice....nd En'l'irownental Notices). This contingency does not apply to the fullowing existing conditioosandlor items:
(B) Should Buyer elect to have a borne inspection of the Property, as defined in the Pennsylvania Hane Inspection Law, (see
Information Regarding the H<me Inspectim Law) such hane inspection shall be perfunned by a full member in good
standing of a natialal home inspection association, or. by a person supervised by a full member of a national home
j inspection associaiion, in accordance with the ethical standards and code of conduct or practice of that association.
) If Buyer is not satisfied with the condition of the Properly as stated in any written report, Buyer will:
Option I. Witbin the time given fur compledng Inspections: .
I. Accept the Property with the infotmatim stated in the report(s) and agree to the RELEASE set fortb in paragraph 25 of
thisAgreernent, OR
2. Terminate this Agreement in writing by notice to Seller, in ...t!ich ease 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 v.rltten agreement with Seller providing fur any repairs or improvements to the
Property andla any acedit to Buyer at settlement, as may be acceptable to the mortage lender, ifany.
Sbould efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate: tbis
Agreement within tbe time given fur completing inspections and according to the provisioos in paragraph
8(C) (Option I) I and 2.
Option 2. Wltbin the time given lOr completing inspectiCll\,s:
1. Acceptthe Property with the infamatioo stated in the report(s) and agree to the RELEASE set forth in paragraph 25 of
this Agreement, UNLESS the total ca;t to correct the conditions contained in the report(s) is more than
$ .
2. If the t",al ca;t to correct the oonditioos contained in the repat(s) EXCEEDS the amOlDlt specified in paragraph 8(C)
(Option 2) I, BuyerwiU deliver the report(s) to Seller witbin the time given for inspection.
a. Seller wi1~ within 7 DAYS of receiving the report(s), infonn Buyer in writing of Seller's cboice to:
(I) Make repairs before settlement so that the remaining cost to repair cmditioos contained in the report(s)
is less than or equal to tbe amOlDlt specified in paragrapb 8 (C) (Option 2) 1.
(2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions
contained in thereport{s) and the amount specified in paragraph 8 (C) (Option 2) 1. This option must be
acceptable to the mortgage lender, if any.
Not make repairs and not credit Buyer at settlement for any casts to repair conditions contained in the
report(s).
If Sell.,. choa;es to make repairs a credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2,
Buyer will accept the Properly and agree to the RELEASE set forth in paragraph 25 of this Agreement.
If SeHer chooses not to make repairs and not to credit Buyer at settlement, oc if Seller fails to choose any
option witbin the time gi...a, Buyer will, witbin 5 DAYS:
(I) Accept the Properly with the information stated in the report(s) and agree to theRELEASE set forth in
paragraph 25 of this Agreement, OR
Terminate this Agreement in writing by notice to Seller, in wh ich case all deposit monies paid on
account of pure base price will be returned promptly to Buyer and tbis Agreement will be VOID.
WOOD INFESTATION INSPECTION CONTINGENCY (1~2)
o ~w A1VED. -Buyer understands that Buyer bas the option to request tha~ the Property be inspected for wood inrestation by a
certified Pest Control Operata. BlNER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of
Ithis Agreement.
g ELECTED
(A) Within DAYS (15 days if not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will
obtain a written "Wood-Destroying Insect Infestation Inspection Report" fran a certified Pest Control Operator and will
deliver it and all supporting documents and drawings provided by the Pest Control Operata to Seller. The report is to be
made satisfilctory to and in comp1iance with applicable Jaws, matage lenders, andlor Federal Insuring and Guaranteeiog
Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the
Property except the following structures, ...t!ich will not be inspected:
(3)
b.
c.
(2)
(B) If the inspectioo reveals evidence of active inrestation(s), Seller agrees, at Seller's expense and before settlement, to treat for
active infestation(s), in accordance with applicable laws.
(C) Iflihe inspection reveals damage from active infestation{s) or previous infestation(s), Buyer, at Buyer's expense, has tbe option
to obtain a written repat by a proreasional cmtractor, hnme inspection service, or structural engineer that is limited to
.._-structural damage to the Property caused bywood,destroying organisms and a proposal to repair the damage. Buyer will
deliver the structural damage report and corrective proposal to Seller within 7 DAYS of delivering tbeonginal
inspection repm.
(D) Within 5
DAYS of receiving the structural damage report and corrective proposal, Seller will ad,,;se Buyer whether
PREPARED BY AGENT: Nel.on Allen, Owner
NS-2K - Slandartt ^greement Fer The Sale or Real Estate. 01102. Pennsylvania Association of REALTQRSiJII
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSe 2002
RealFASTe Software, C2003. Version 6.12. Software Regislered 10: Nmson Allen. Realty Worfd Broker Network
Bu~(s) initials _ 0212610312:59:29
Page .-s.o' 20
Seller(s) Initials IS..bl.-
II Sell...'will repair, at Seller's expense and before settlement, any structural dlunage from active a: previoos in~tioo(s~
12 (E) If Seller choases to repair structural damage revealed by the repa1, Buyer agrees to accept the Property as reparred and agrees
13 to the RELEASE set forth in paragraph 25 of this Agreemenl
14 (F) If Seller chooses not to repair structural damage revealed by the report or l3ils to respond within the lime given, Buyer,
15 within 5 DAYS, will nority Seller in writing of Buyer's choice to:
.16 1. Accept the Property with the defects revealed by the inspection, without abatement of price, and agree to the RELEASE
: 17 set forth in paragraph 25 of this Agreement, OR
:18 2, Make the repairs before settlement, if required by the mortgage lender, ifany, at Buyer's expense and with Seller's
:19 permission, which will not be unreaslllably withheld, in which case Buyer accepts the Property and agrees to the
t20 RELEASE set forth in paragraph 25 of this Agreement. If Seller denies Buyer permission to malee the repairs, Buyer
!21 may, within 5 DAYS of Seller's denial, terminate this Agreement in Minng, in v.ltich case all deposit
!22 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR
l23 3. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
224 promptly to Buyer and this Agreement will be VOID.
22510. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES
226 BUILT BEFORE 1978 (1-02)
227 g/NOT APPLICABLE
228 121 APPLICABLE . "
229 (A) Seller represenls that Seller has no knowledge concerning the presence of lead-based paint and/or lead-based paint
230 hozards in or aboot the Property, unless checked below.
231 0 Seller has knowledge of the presence of lead-based paint and/or lead-based paint hazards in or about the Property.
232 (Provide the basis fa: determining that lead.based paint and/or hazards exist, the locatioo(s), the condition of the
233 painted surfaces, and other available information cmccrning Seller's knowledge of the presence of lead-based paint
234 and/or lead-based paint hazards,)
235
236
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(B) RecordslReports: Seller has no reports or records pertaining to lead-based paint and/a: lead.based paint hazards in or
about the Property, un less checked below,
o Seller has provided Buyer with all available records and repcrts pertaining to lead-based paint and/or lead-based paint
hazards in or about the Property. (List documents)
(C) Buyer's Acknowledgment: Buye1' has received the pamphlet Protect Your Family from Lead in Your Home and has read
the Lead Warning Statement contained in this Agreement (See Envirlllmental Notices). BU)'er has reviewed Seller's
disclosure ofkno\\n lead-based paint and/or lead-based paint hazards, as identified in paragraph ] O(A) and has received the
reoords and reports pertaining to lead.based paint and/or lead.based paint hazards identified in paragraph LO(B~
Buyer's Iaitials Date
(D) RISK ASSESSMENTIINSPECTION: Buyer acknowledges that before Buyer is obligated to buy a residential dwelling
built before 1978, Buyer has' LO DAYS to conduct a risk assessment or inspection of the Property for the
_ ,A>resence of lead.based paint and/or lead-based paint hazards.
F;:Y WAIVED. Buyer understands that Buyer has the right to coo duct a risk assessment or inspection of lhe Property to
determine the presence oflead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RIGlIT and agrees to
the RELEASE~setJO!:lhjn.paragraph 25 ofthis Agreement.
o ELECTED U ._____.
I. Buyer, at Buye1"s expense, chon"",, to obtain a risk assessment and/or inspectioo of the Property for lead-based paint
and/or lead-based paint hazards. The risk assessment and/or inspection will be crmpleted within 10 DAYS
of the execution of this Agreement.
2. Within the time set forth above for obtaining the risk assessment and/or Inspeclinn of tbe Property for
lead.based paint and/or lead-based paint hazards, Buyer may deliver tn SeUer a written list of the specific
hazardous cmditions cited in the report and those corrections reqnested by Buyer, along with a copy of the risk
assessment and/or inspection repat.
3. Seller may, within 7 DAYS of receiving the list and report(s), submit a written corrective propa;al to Buyer.
The corrective proposal will include, but not be limited to, the name of the remediation crmpany and a pr<!iected
oompleli... date for corrective measures. Seller will provide certification from a risk assessor or inspector that
corrective measures have been satisfactorily completed on or before the projected crmpletion date.
4. Upoo receiving the corrective proposal, BU)'er, 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. - '-Terminate this'Agreement in writing. in which case .all-depositmmies paid en account of purchase price will
be returned promptly to Buyer and this Agreement will be VOID.
5. Should Seller &11 In submit a written corrective proposal within Ibe time set forth in paragraph 10(0)3 of this
Agreement, BU)'er, within 5 DAYS, will:
PREPARED BY AGENT: Nelson Allen. OWner
A/S.2K. Standard Agreement For The Sale or Real E$tate, 01102. PennSylvania AssocIatlcn d. REAl-rORSZ
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSalI2002
RealFA$T8 Softwa-e. 02003, Version 6.12. Software Registered to: Nelson Allen. Realty World Broker Network
Buyer(s) Inillals _ 02/26103 12:5929
P&91J_o"-20
Seller(s) Initials ISA..L-
--. --I
.....- -.. . ----
-.- -.- -.-...
....-
71 a.' Acceplthe Property in writing, and agree In the RELEASE serfath in paragraph 25 of this A:greemenl, OR
72 h. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price
73 win be returned promptly to Buyer and this Agreement will he VOID.
74 6. Buyer's failure to exereise any of Buyer'. opti.... within the time IImils specified in this paragraph win
75 c"".titute a WAIVER of Ihls eontiageaey aad Buyer a"""ptJI the Property aad agrees to the RELEASE set forth
76 in paragraph 2S of thi. Agreemeat
77 (E) Certificatioa: By signing this Agreement, Buyer and Seller certifY the accuracy of their respective Slatement.. to the best of
78 their knowledge.
7911. SfATUS OF RADON (1-ll2)
80 (A) Seller represeals that Seller has no knowledge concerning the presence or absence ofradon unless checked below.
.81 0 I. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha track,
:82 etc.), and with the results of an tests indicated below:
~83 DATE TYPE OF TEST
!84
!85
!86
t87
t88
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290
291
292
293 (BvlunoN INSPECTION CONTINGENCY
294 ..g' WAIVED. Buyer understands thai Buyer has the option to request that the Property be inspected for radon by a certified
295 inspector (see Environmental Notices: Radon). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth
296 in paragraph 25 ofthis Agreement.
297 0 ELECTED. Buyer, at Buyer's expense, has the option to 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 Nolices: Radon)
300 I. If the lesl report reveals the presence of radon below 0.02 wa-king levels (4 pioocurieslliler), Buyer accepts the
301 Property and agrees to Ihe RELEASE set forth in paragraph 25 of this Agreement.
302 2. If the test reporl reveals the presence of radon at a- exceeding 0.02 working levels (4 picocurieslliler), Buyer will,
303 within 7 DAYS ofreceipt of the test resulls:
304 0 Optioa 1
305 a. Accepl the Property in writing and agree to the RELEASE set fath in paragraph 25 ofthis Agreemenl, OR
306 b. Terminate this Agreement in writing, in which case all deposit monies paid on accouol of purchase price will be
307 returned promplly to Buyer and this Agreemenl will be VOID, OR
308 c. Submil a written. correclive proposal to Seller. The corrective proposal will include, bul nol be limited 10, the name
309 of the certified miligalion company; provisions for pa}Tl1ent, including relests; and a projected completioo dale for
310 corrective measures.
311 (I) Within --. -- -5 -....DA YS of receiving the corrective proposal, Seller\ViIl~._n. .
312 (a) Agree 10 the tenns of the cQTective proposal in writing. in which case Buyer accepls the Property and agrees
313 10 the RELEASE set forth in paragraph 25 of this Agreement, OR
314 (b) Nol agree 10 Ihe terms oflhe corrective proposal.
315 (2) Should Seller not agree 10 the lerms of the cQTective proposal or if Seller bib to respond wilbia lbe time gi..n,
316 Buyer will, within 5 DAYS, elect 10:
317 (a) Accept the Property in writing and agree to the RELEASE set fath in paragraph 25 of this Agreement, OR
318 (b) Terminale this Agreement in writing, in which case all deposil mooi.. paid on account of purchase price will
319 be relurned pnxnplly tn Buyer and this Agreement will be VOID.
320 . 0 Option 2
321 a. Accepllhe Property in writing and agree to the RELEASE set furth in paragraph 2S of this Agreement, OR
322 b. Sulmit a ","lten, corrective proposal to Seller. The corrective proposal will include. but not be limiled to, the name of
323 the certified mitigation company; provisions for pa}Tl1ent, including retests; and a projected completion dale for
324 corrective measures. Se1ler will pay a maximum ofS to\Wrd the total cost of remediation and
325 retests, which will be completed by settlement.
32~.__ (I) Ifthet~aLcolll ofremec!iation "!1ctret~~!l;l'XCEED~ the amounls.pecified in paragraph Il(B} (Option 2) b, Sener
327 will, wilhin 5 DAYS ofrec.,;pl of the cost ofremediation, nolifY Buyer iri writing ofSellefs chOice to:
328 (a) Pay for the total cosl of remediation and retests, in which case Buyer accepls the Property and agrees to the
329 RELEASE set furth in paragraph 25 of this Agreement, OR
330 (b) Contribute toward Ihe tolal cost of remediation and retests only the amount specified in paragraph 11(B}
'REPARED BY AGENT; Nelson Alfen. Owner
1IS-2K . Slandard Agreement For The Sale or Real Eslate, 01102. Pennsylvania Association of REAL TOR~
:OPVRIGHT PENNSYLVANlA ASSOCIATION OF REAl TORse 2002
tealFASTf) Software. 02003, VeBlon 6.12. Software Registered to; Net~ Allen, Realty World Broker Netwtlrl<
Juyer(s) IniUaI$ _ 0212810312:59:29
RESULTS (picocuriesfliter or working levels)
o
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered 10 Buyer with this Agreement, SELLER DOES
NOT WARRANT EIlHER THE METHODS OR RESULTS OF THE TESTS.
2. Seller has knowledge that the Property underwenl radon reduction measures on the date(s) and by the melhod(s}
indicated below: :' '.
DATE RADON REDUCfION METI-IOD
Page 6 of 20
SeUer(s) Initlals~
-. - '.
-.- -.- -._-
. '-
331 ' , . (Option 2) b. . ,
332 (2) If Seller chooses not to pay fur the total cost of remediation and retests, ... if Seller fails 10 choma .ither optiOll
333 within the time given, Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to:
334 (a) Pay the diffi:rence between Seller's contribution to remediatiOll and retests and the actual cost therof, in -mich
335 cas. Buyer accepts the Property and agrees to th. RELEASE sellbrth in paragraph 25 of this Agr.ement, OR
336 (b) Terminat. this Agreement, in \\tIich cas. all d.posit monies paid on accaml of purchase pric. will b.
337 returned promptly to Buyer and this Agreement will b. YOID.
338 12. STAlUS OF WATER (I-m)
339 (A) ~Uer represents that the Property is served by:
340 IS?' Public Water
341 0 On-sh. Wat.r
342 0 Community Water
343 0 Non.
344 0
345 (BW ATER SERVICE INSPECTION CONTINGENCY
346 ~ WAIVED. Buyer acknowledges Ihat Buyer bas the option to r.quest an inspection of the 'MI.ter service Ibr the Property.
347 BUYER WAIVES THIS OPTION and agrees to th. RELEASE set fcrth in paragraph 25 of this Agreement.
348 0 ELECTED ,
349 1. Buyer has the option. withiJi DAYS (15'days if not specified) of the execution of this Agreement and
350 at Buyer's expense, to d.li..... to Seller a written inspection r.port by a qualified, professional water testing company
351 of the quality and/or quantity of the wat.r service,
352 2. Seller agrees to locate and provide access to the on-sit. (or individual) water system, ifapplicable, at S.Uer's ."Pense,
353 if required by the inspection ampany. Sell.r also agr.es to rest.... the Property. at SeUer's expense, prior to settlement.
354 3. If the report r.veals that the 'MI.ter service does not me.t the minimum standards of any applicable governm.ntal
355 authority and/... fails to satisfy the requirements for quality and/or quantity set by th. mortgage lender, if any, then
356 Seller will. with in 7 DAYS of receipt ofthe report, notify Buyer in writing of Seller's choic. tn:
357 a. Upgrade the water servic.to the minimum acceptable lev.ls, bef.... settlement, in \\tIith case Buyer accepts the
358 Property and agrees to the RELEASE setlbrth in paragraph 25 of this Agreement, OR
359 b. Not upgrade th. water service.
360 4. IfS.lIer chooses not to upgrad.th. service to minimum acceptable I.vels, or mils to respond within the time given,
361 Buyer will, within 5 DAYS, either:
362 a. Accept the Prop.rty and the 'MI.ter 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 requir.d by Ihe mortgage
364 I.nder. if any, and/or any governmental auth...ity. at Buyer's expense and with S.lIer's permission, ~ich will
365 not b. unreasonably withheld. and agree to th. RELEASE set Ibrth in paragraph 25 ofthis Agreement. IfSellor
366 denies Buyer permission to upgrade the water service, Buyer may, within 5 DAYS of Seller's
367 denial, terminate this Agreement in writing. If Buyer terminates this Agreeemenl, all d.posit monies paid on
368 account of pure has. price will be returned promptly to Buyer and this Agreement will be YOID, OR
369 b. Terminate this Agre.ment in writing. in which case all deposit monies paid on accounl of purchas. price will
370 b. returned promptly to Buyer and this Agreement will b. YOID.
371 13. STATUS OF SEWER(I-02)~~~~~'" --
372 (A) Sq(ler represents that the Property is served by:
373 g Public Sewer
374 0 Individual On-lot Sewage Disposal System (S.. Sewage Notice I)
375 0 Individual On-lot Sewag. Disposal System in Proximity to Well (S.e Sewage Notic. I; see Sewage Notice 4, if
376 applicable)
377 0 Community Sewage Disposal System
378 0 Ten-acre Permit Ex.mption (See S.'MI.ge Notice 2)
379 0 Holding Tank (See S.wage Notice 3)
380 0 Non. (See Sewage Notice I)
381 0 Non. Available/Permit Limitations in Effect (See Sewage Notice 5)
382 0
383 IS) INDMDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
384 ~ WAIVED. Buyer acknowl.dges that Buyer has the option to request an individual on-lot se'MI.g. disposal inspectim ofthe
38,~ ." --1'rQllE!L!!UYl'lt WAIVEST!iIS ()PT.!()N""-<!~!!~'!"SI_~th. RiO':EASE set Ibrth in paragraph 25 of this Agreement
386 0 ELECTED ' -~------ '" ---__~. _ '~______ u._.u_
387 I. Buyer has the option, within DA YS (15 days if not specified) of the ex.cution of this Agreement and
388 at Buyer's exp.nse, to deliver to S.Uer a written inspection report by a qualified, professional inspector of the
389 individual on-lot sewage disposal system.
PREPARED BY AGENT: Nelson Allen. Owner
A1S.2K. Slandard Agreement For The Sale Of Real Es.tate. 01102. Pennsylvania Association of REALTORSt>
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS1Il2002
ReaIFA$TfI) Software. C2003. Version 6,12. Software Registered 10.: Nelson Allen, Really World Broker Network
BUyer($) lnltlals _ 02122110312:59:29
pag.K;j 2:
S"'et(S)1ni1lals
390 2. Sellet. at Seller's expense, agrees, if and as required by the inspection company, to locate, provide access to. and ,:",pty
391 the individual on-Jot sewage disposal system. Seller also agrees to restlre the Property, at Seller's expense, pnor to
392 settlement.
393 3. [fthe report reveals defects that do not require expansion or replacement of the existing sC\\llgedispalal system, Seller
394 will, within 7 DAYS of receipt of the report, notifY Buyer in writing of Seller's choice to:
395 a. Correct the detects beflre settlement, ineluding retests, at Seller's expense, in ""'jch ease Buyer accepts the
396 Property and agrees to the RELEASE set forth in paragt'llph 25 of this Agreement, OR
397 b. Not correct the detects.
398 4. If Seller choales not to correct the defects, or if Seller l3i/s to ""'plnd within the time given, Buyer will, within
399 5 DAYS, either:
400 a, Accept the Property and the system and, if required by the matgage lender, if any. and/Ir any governmental
401 authority, correct the detects befure settlement or within the time required by the matgage lender, if any,
402 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be
403 unreasonably withheld, and agree to the RELEASE set forth in paragraph 2S of this Agreement. If Seller
404 denies Buyer permission to Clrrect the defects, Buyer may, within S DAYS of Seller's denial,
405 terminale this Agreement in writing, in which case all deposit monies paid on account of purchase price will
406 be returned promptly to Buyer and this Agreement will be VOID, OR
407 b. Terminate this Agreement in ""iting, in whiCQ case all deposit mooies paid 00 account of purchase price will
408 be returned pranptfy to Buyer and this Agreement will be VOID.
409 5. If the report reveals the need to expand <r replace the existing individual on-lot sewage disposal system, Seller may,
410 within 2S DAYS of receipt of the report, sulmit a corrective proposal to Buyer. The corrective proposal
411 will include, but not be limited to, the name of the remediation company; provisions fir payment, including retests;
412 and a projected completion date fur corrective measures. Within 5 DAYS of receiving Seller's C<rl'l:ctive
413 proposals, or iCno corrective prop...1 is received within the time given, Buyer will:
414 a. Agree to the terms of the e<rrective proposal, if any, in writing, in which case Buyer accepts the Property and
415 agrees to the RELEASE set forth in paragraph 25 ofthis Agreement, OR
416 b. Accept the Property and the system and, if required by the matgage lender, if any, and/or any governmental
417 authority, correct the defects before settlement or within lhe time required by Ihe mortgage lender, if any,
418 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be
4]9 unreasonably withheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller
420 denies Buyer permissioo to e<rrect the defects, Buyer may, within 5 DAYS of Seller's denial,
421 terminate this Agreement in writing., in which case an deposit monies paid on account of purchase price wiIJ be
422 returned promptly to Buyer and this Agreement will be VOID, OR
423 c. Temtinate this Agreement in VtTiting, in which case all deposit moo ies paid on account of purchase price will
424 be returned promptly to Buyer and this Agreement will be VOID.
425 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (1~2)
426 (A) Seller represents, as of Seller's execution of this Agreement, that no public improvement, coo dominium or homeowner
427 association ass=nents have been made against Ihe Property which remain unpaid and that no notice by any government or
428 public authority has been served upon Seller or anyone on Seller's behalf, including notices relating to violations of zoning,
429 housing, building, sarety <r fire ordinances which remain unoorrected, and that Seller know.; of no condition Ihat ""uld
430 constitute violation of any such ordinances which remains uncOlTected, unless otherwise specified here:.
431
432
433
434
435
436
437
43&
439
440
441
442
443
444
445 --.-
446
447
448
- - - --,
-'- -.- -'--
(B) Seller knows of no other potential notices (including violations) and assessments except as follows:
(C) In the event any notices (including viOlations) and assessments are received after execution of this Agreement and before
settlement, Seller will notify Buyer in writing, within 5 DA YSofreceivingthenoticeorassessment, that Sellerwill:
I. Canply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement, OR
Not c""ply with notices and assessments at Seller's expense.
If Seller choases not to comply with notices and assessments, or Cail. within the time give. to notify Buyer iC SelJer
will comply, Buyer will notify Seller within 5 DAYS in ""iling that Buyer will either:
a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in paragraph
25 of this Agreement, OR
Terminate this Agreement, in ""'ich case all deposit monies paid 00 account of purchase price will be returned
promptly to Buyer and this Agreemenl will be VOiD,
' --U Bliyer fails to'DGlify Seller withh.- the .time given; Buyerluxepm the Praperty and 'agrees to the
RELEASE sel forth in paragraph 25 of this Agreement.
(D) Buyer is advised that access 10 a public road may require issuance of a highway occupancy permit from the Department of
Transportation.
2.
3.
b.
PREPARED BY AGENT: Nelson Allen, Owner
AIS-2K - Standard Agreemenl ForThe Sale Of Reat Estate, 01102. Pennsytvanla Assodallcn of REAlTORS<<!
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSl'D 2002 .
ReaFA$Te Software, C2003, Version 6.12. Software Registered (0: Nelson Allen. Rest!)' World Broker Network
BUYer{s) Initials _ 02/2810312:59:29
Page ,..pf 2~
Seller(.) Inffial> ISi..L
--. --I
-'- -.- -.--
, .-
449 (E) If nqu!r~d by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyer,
450 on or before settlement:
451 J. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation
452 of zoning, housing, building, safety or fire ordinances. AND/OR
453 2. A certificate permitting occupancy of the Property. In the event repairs/improvements are required for 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 repairs/improvements at Seller's expense,
456 If Seller choooes to make the required repairsf'unprove:ments, Buyer agrees to accept the Property as repaired and agrees to
457 the RELEASE set forth in paragraph 25 of this AgreemenL IfSellee chooses nct to make the required repairs/improvements,
458 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the
459 repairsrnnprovements at Buyer's expense and with Seller's pennission, which will nct be unreasonably withheld, If Seller
460 denies Buyer pennission to make the required repairs or if Seller fails to respoRd within the time given, Buyer may,
46 J within 5 DAYS, terminate this Agreement in writing,' in which case all depooit monies paid m accClJllt of
462 purchase price will be returned promptly to Buyer and this Agreement will be VOID,
463 IS. TIlLE, SURVEYS, & COSTS (1-ll2)
464 (A) The Property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the
465 following: existing deed restrictions, historic preservation restrictions or ordinances. building restrictions, ordinances,
466 easements of roads, easements visible upon the ground, eaSements ofrccord, privileges or rights of public service caapanies,
467 if any; ctberwise the tille to the above described real estate will be good and marketable and such as will be insured by a
468 reputable Title Insurance Canpany at the regular rates,
469 (B) Buyer will pay for the following: (I) Title search,tille 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 mortgage lender, if any; (4) Buyer's
472 custanary settlement costs and accruals.
473 (C) Any surveyor survcys which may be required by the Title Insurance Company or the abstracting attorney for the preparation
474 of an adequate legal desCTiption of the Property (or the correction thereal) will be secured and paid for by Seller. Any
475 survey or surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer.
476 (D) [n the event Seller is unable to gi"" a good and marketable title and such as will be insured by a reputable Titl. Company
477 at the regular rates, as specified in paragraph 15(A), Buyer will ha"" the option of: (I) taking such title as SeUer can give
478 with no change to the purchase price; or (2) being repaid aU monies paid by Buyer to Seller on accoWlt of purchase price
479 and being reimbursed by Seller for any cools incurred by Buyer for any inspections or certifications obtained according to
480 the terms oflbe Agreement, and for those items specified in paragraph 15(8) items (I). (2), (3) and in paragraph 15(Q, in
481 which case there will be no further liability or obligation on either ofthe parties hereto and this Agreement will become VOID.
482 16. ZONlNG CLASSIFICATION (1-ll2)
483 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcelthereo~ if
484 subdividable) is zoned solely or (!rimarily to permit single-family dwellings) will render this Agreement voidable at the option
485 of the Buyer. and, jf voided, any deposits tendered by the Buyer will be returned to the Buyer without any requirement for
486 court action.
487 Zoning Classification:
488 0 ELECTED. Within 15 DAYS of the execution of this Agreement, BU}er will ""rify that the existing use of the
'489 ' Property as_..m.__._., is permined.
490 [n the e""ntthe use is not permined, Buyer win, within the time given ror verification, notifY Seller in writing that the
491 existing use of the Property is not pennitted and this Agreement will be VOID, in which case all depooit mOOies paid on
492 account of purchase price will be returned pranptly to Buyer. Buyer'. failure to respond within the time given will
493 gACODStitute a WAIVER of this contingency and all other terms of this Agreement remain ill full force and elf",,~
49417. C AL NOTICE
495 NOT APPLICABLE
496 0 APPLICABLE
497 THIS DOCUMENT MAY NOT SELL, CONVEY, lRANSFER. INCLUDE OR INSURE THE TITLE TO THE COAL AND
498 RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED 1'0 HEREIN, AND THE
499 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL
500 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO lHE SURFACE OF lHE LAND AND ANY HOUSE,
501 BUILDING OR OlHER SfRUCfURE ON OR IN SUCH LAND. (Thi. notice is set forth in the manner provided in Section I
502 of the Act of July. 17, 1957, P.L 984.) "Buyer acknowledges that he may nol be obtaining the right of protectim against
503 sulEidence resulting fran coal mining operations, and tha: the property described herein may be protected from damage due to
504 ' .- .mine subsidence by a pnvalec-onlract;-with the owners of.the eoonanic interests in the coal. _ This,ackoowledgment is made for
505 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation
506 Act of April 27, 1966." Buyer agrees to sign the deed fran Seller which deed will contain the aforesaid provision.
507 18, POSSESSION (1-ll2)
PR.EPAREO BY AGENT: Nelson Allen. Own.r
AIS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania Assoclalitx'l of REAL TORSQrl
COPYRIGHT PENNSYLVANIA ASSOClATlON OF REALTORse 2002
RealFA$Tm Software, C2003, Version 6.12. Software Registered 10: Nelson Anen, Really Worfd Broker Network
BUYer(s) initials _ 02128103 12:59:29
Pa~~~O
Selle<(s)ln;tialsl
- . - - - - - - - -
08 (A) Poss'lSSi9.. is 10 be delivered by deed, keys and:
09 I. Physical possessim to vacant Property free of debris, with all structures troom.dean, at day and time of settlemen~
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 of this Agreement or Wlless otbernise specified herein, Buyer will acknowledge existing
'13 lease(s) by initialing said leases(s) at time of execution of this Agreement.
; 14 (B) Seller will not enter into any new leases, written extension of existing leases, if any. or additional leases fur the Property
'IS without the written consent of Buyer.
'1619. RECORDING (3-85) This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or
' 17 place of public record and if Buyer causes or perm its this Agreement to be recorded, Seller may elect to treat such act as a
i 18 breach of this Agreement.
i1920. ASSIGNMENT (3-85) This Agreement will be binding upm the parties, their respective heirs, personal representatiw:s,
;20 guardians and successors, and to the extent assignable, 00 the assigns of the parties hereto, it being expressly understood,
;21 howe""" that Buyer will not transfer or assign this Agreement without the written consent of Seller.
;2221. DEPOSIT & RECOVERY FUND (1~2)
;23 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits,
;24 regardless of the form of payment and the persm designated as payee. will be paid in U.S. Dollars to Broker or party
;25 identified in paragrapb 3(B), who will retain them in an, escrow account until consummation or termination of this
526 Agreement in conformity with a11:applicable laws and regulations. Any uncashed check tendered as deposit mmies may
527 be held pending the acCeptance of this ofter,
528 (B) Upon termination of this Agreement, the Bra.:er holding the deposit monies will release the deposit monies in accordance
529 with tbe terms ofa fully executed written agreement between B1ryeT and Seller.
530 (C) In lbe event of a dispute over entitlement to deposit monies, a hoker bolding the deposit monies is required by the Rules
53 I and Regulatims of the State Real Estate Commissim (49 Pa. Code ~35.327) to retain the monies in escrow until the dispute
532 is resolved. In the event ofliligatim for the return of deposit monies, a broker will distribute the monies as directed by a final
533 order of court or the written Agreement of the parties. Buyer and Seller agree that, in tbe event any Iroker or affiliated
534 licensee is joined in litigation fur tbe return of 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 Recovery Fund exists to reimburse any persons wbo bave 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 tbe judgment after exhausting all legal and equitable remedies. For complete details aboot the Fund. call
539 ~ (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
54022. C NDOMINIUM 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 unit owners' associatim. ~3407 oftbe Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer
544 with a Certificate of Resale ana copies of the condominium declaraticn (otber tban plats and plans). the bylaws, and the
545 rules and regulations of the association. .
546 0 APPLICABLE: PLANNED COMMUNITY (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is
547 part of a planned community as defined by the Unifurm Planned Community Act. (See Definition of Planned Community
548 .Notice). ~5407(a) ofthe Act requires Seller to fumi~!LJluyer with a copy of the Declaration (other than plats and plans). the
549 bylaws, tbe rules and regulations of the associalim, and a Certificate containing the provisims set forth in ~5407(a) oflhe
550 Act.
551 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMlNIUM OR A PLANl\'ED
552 COMMUNITY.
553 (A) Witbin 15 DAYS of the execution ofthis Agreement, Seller will submit a request to the association for a Certificate
554 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is
555 required to provide these documents within 10 days of Seller's requesL
556 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is net liable to
557 Buyer for the milure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Buyer
558 for any errooeoos information provided by tbe association and included in the Certificate.
559 (C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of Ibe association documents and for 5 days
560 thereafter. OR until settlement, mricbever occurs first. Buyer's notice declaring this Agreement void must be in writing;
561 thereafter all deposit monies will be returned to Buyer.
562 (D) In the event the association has the rigbt to buy tbe Property (rigbt offrrst refusal), and the association exercises that right,
563 Seller will reimburse Buyer for all monies paid by Buyer on account ofpurcbase price and fur any costs incurred by Buyer
564 for:"{iJ 'T[tresearch. title insurance and/or meChanicS-lien insUrance, or fue fei: Cancellation of same, if anY:(2) Flood
565 insurance and/a fire insurance with extended coverage, mine subsidence insurance, or fee for C3Dcellation of same, if
566 any; (3) Appraisal fees and cbarges paid in advance to mortgage lender, ifany.
,567 23. MAINTENANCE & RISK OF LOSS (HI2)
. , .
REPARED BY AGENT: Nebon Allen, Owner
IS.2K ~ Standard A;teement For The Sale Of Real Estate. 01102. PennSYlvania Assocl;atlcn of R~L TORSe>
.OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSoIl2002
:ealFASTQD ScIlware, 02003, Version 6.12. Software Registered to: Nefson Allen, RealI)' Wcrkl Broker Network
,uyer{s) initials _ 02128103 12:59:29
PlIge 19.~~
SeRer(s) Inltials ~
"
, . ,
568 (A) Seller wlll' maintain the Property, grounds, fixtures, and any personal property specifically scheduled berein in 'its present
569 coodition, normal wear and tear excepted,
570 (B) In the event any system er appliance included in the sale of the Property fails and Seller docs not repair or replace the item,
571 Seller will promptly notify Buyer in writing of Seller's choice to:
572 L Repair er replace the liIiled system er appliance Ilefcre scttIement or credit Buyer at settlement fer the bir market value
573 of the failed system er appliance (this option must be acceptable to the mortgage lender, ifany). In each case, Buyer
574 accepts the Property and agrees to the RELEASE set furth in paragraph 25 orthis Agreement, OR
575 2. Not repair or replace the &iled system or appliance, and not credit Buyer at settlement for the fair market value of the
576 biled system or appliance. If Seller does not repair, replace or offer a credit fur the liIiled system or appliance,
577 or if Seller lilils to notify Buyer of Seller'. choice, Buyer will notiJy Seller in writing within
578 5 DAYS or bcfurc settlement, whichever is sooner, that Buyer will:
579 a. Accept the Property and ogreeto the RELEASE setforth in paragraph 2S of this Agreement, OR
580 b. Terminate this Agreement, in wIIich case.lI deposit monies paid co accamt of pure base price will be returned
581 promptly to Buyer and this Agreement will be VOID.
582 (C) Seller will bear risk of loss fr<m 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 prier to settlement, 'Buyer will have the option
584 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price er of accepting the
585 Property in its then condition together with the proceeds ,of any insurance recovery obtainable by Seller. Buyer is hereby
586 notified that Buyer may insure Buyer's equitable interest in'this Property as of the time of execution of this Agreement.
58724. WAIVER OF CONTINGENCIES (1~2)
588 If this Agreement is cmtingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to nercise any of
589 Buyer's optiODS within tbe time limits set fortb in tbis Agreement will constitute a WAIVER of that contingency and
590 Buyer accepts the Property and agrees to tbe RELEASE set furtb in paragraph lS oftbis AgreemeJIt.
59125. RELEASE (HI2)
592 Buyer bereby releases, quit claims and fore....r discharges SEILER, AlL BROKERS, lbeir LICENSEES, EMPLOYEES,
593 and any OFFICER or PARTNER of any OIle of them and any other PERSON, FIRM, or CORPORATION who may be
594 liable by or tbrough them, from any and all claims, losses or demands, Including, but not limited to, pcnooal injuries and
595 property damage and all of the consequences thereof, wbether now known or nol, which may arise from tbe presence of
596 termites or other wood-boring in...ls. radon, lead-based paint hazards, environmental hazards, any defecls in tbe
597 individual OII.lot sewage disposal system or deficiencies in the OD-Bite water service system, or any defects 01" conditioDs
598 on the Property. Should Seller be in default under lbe terms of this Agreement, this relea.. does not deprive Buyer of
599 any rights to pursue any remedies that may be available noder law or equity. This release will survive selllemenl
600 26. REPRESENTATIONS (1~2)
601 (A) Buyer understands that any representations, claims, advertising, prcmotional activities, brochures er plans of any kind matle
602 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly
603 incorporated er stated in this Agreement It is funher understood that this Agreement contains the whole agreement
604 between SeUer and Buyer and there are no other terms, obligations, covenants, representatioo.s., statements or conditions,
605 oral er otherwise of any kind whatsoever cmcerning this sale. Furthermore, this Agreement will not be altered, amended,
606 changed, or modified except in writing executed by the parties.
607 (B) II is understood that Buyer has inspected tbe Property before signing this Agreement (including fixtures and any
608 personal property specifically scheduled herein), or bas waived tbe right to do so, and has agreed 10 pon:hase the
609" - '-,.,-- Property In its present condition anless otherwise stated in this Agreement. Buyer acknowledges that Broken, their
610 licensees, employees, officen or partners have not made an independent examination or detenninatioa. of the
611 structural soundness of the Property. the age or condition oftbe compODents, environmental conditions, the permitted
612 uses, or of conditions ellisting In lbe locale where tbe Property is situated; nor have they made a mecbanical
613 inspection orany of tbe systems contained therein.
614 (C) Any repairs required by this Agreement wJ1l be completed in a workmanlike manner.
615 (D) Broker(s) may pcrfmn services to assist unrepresented parties in complying with the terms of this Agreement.
616 (E) Tbeheadings, captions, and line nwnllers in this Agreement are meant only to makc it easier to fmd the paragraphs.
61727. DEFAULT (1~2)
618 (A) Se1\er has the option ofrctalning a1\ swns paid by Buyer, including the deposit monies, should Buyer:
619 I. Fail to make any additional payments as specilied in paragraph 3; OR
620 2. Fum ish fillse or incomplete in formation to Seller, Broker(s), or the mortgage lender, if any, concerning Buyer's leg:Il or
621 Iinancial status, er fail to cooperate in the processing of the mortgege loan application, whicb acts woold result in the
622 failure to obtain the approval of a mortgage loan commitment; OR
623 3. Violate or nul to fulfill and perform any ether term.. or conditions of this Agreement.
624 (B) Unless otherwise checked In paragraph 27 (C), Seller may eJect to retain those swns paid by Buyer, inclu<l,ing deposit
625 monies, in one of the following manners:
626 I. On account ofpurchase price, OR
627 2. As monies to be applied to Seller's damages, OR
PREPARED BY AGENT: Nelson AII.n, Owner
AJS-2K 4 Standard Agreement For The Sale Of Real Estat~. 01102. Pennsylvania Association of REAL TORS~
COPYRIGHT PENNSYLVANIA ASSOCIATlON OF REAL TORSI) 2002
RealFA$TtD Software. Cl2003. Version 6.12. Software Registered to: Nelson Allen. Really Workf Broker Netwoor\:
Buyer(s) Initials _ 0212810312.:59:29
Piilgtl11 of 2C
Sell.~')lnlti... j:!:.A..
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;28 3, M liquidated damages for such breach.
;29 (C) 0 Seller is limited to retaining sums paid by Buyer, including deposit mooies, as liquidated damages.
530 (D) If Seller retains all sums paid by Buyer. including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or
531 (C). Buyer and Seller will be released from further liability or obligation and this Agreement will be VOID.
53228. MEDIATION (7-96)
533 DlNOT AVAILABLE
534 t1 WAIVED. Buyer and Seller understand that theY 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 ELEefED
637 (A) Buyer and Seller will try to tesolve any dispute <r claim that may arise from this Agreement through mediation,
638 in accordance with the Rules and Procedures of the Home Sellers/HOOle Buyers Dispute Resolutioo System. Any
639 agreement reached through a mediation c:cnference and signed by the parties will be binding.
640 (8) Buyer and Seller acknowledge that they haw received, read, and understand the Rules and Procedures of the Home
64 I 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 (1~2)
644 (A) The following are part 01' this Agreement if checked: , ,
645 OSale & Settlement of Other Property 0 SeltlemOnt of Other Property Contingency Addendum (pARFonn SOP)
646 Cootingeocy Addendum (PARFcrm SSP) DTenant-Occupied Pr'l'crty Addendum (pAR FOnD TOP)
647 OSale & Settlement of Other Property 0
648 Cootingency with Right to Continue 0
649 Marketing Addendum (PAR Form SSP-CM) 0
650 (8)
651
652
653 Buyer and Seller acknowledge receiving a copy of this Agreement at tbe lime of signing,
654
655 NOTICE TO PARTIES: WHEN SIGNED, mIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile
656 transmission (FAX) of this Agreement, and all addenda, beBring the signatures of all parties, constitutes acceptance of this
657 Agreement Parties to this transactiOll are advised to coosnlt an attorney before signing if they desire legal advice.
658
659 0 Buyer bas received the COIlsumer Notice as adopted by tbe State Real Estate Commission at 49 Pa. Code ~ 35.336.
6600 Buyer bas received a s!:ltement of Buyer's eslimats:d closing costs before signing tbis Altreement.
661 0 Buyer bas read Bnd undentands tbe notices and explanatory 1nformatioo set fortb in tbis Agreement.
6620 Buyer bas received a Seller's Property Disclosure Statement before signing this Agreement, if required by law (see
663 Informatioo Regarding the Real Estate Seller Disc:I",ure Law).
6640 Buyer bas received the DepO$it Money Notice (for cooperative sales when Broker for Seller is bolding deposit mocey)
665 before signing this Agreement
666 BlJ\'ER.~SJlMIl.ING ADDRESS: 51?"IV ') i:::I- s..\.. "-e...,,'.1~l'u ~c;, \7 Olt ~
667
668 BUYER'S CONTACT NUMBER(S): '711 i<Pj-'1(jI6""
WIT~ESS
BOYER
DATE
669
670 Seller hereby approves the above cmtract this (date)
671 Jn consideration of the. services rendered in procuring the Buyer. Seller agrees to pay the named Broker for Seller a fee of
of/from the herein specified sale price. In the event the Buyer defaults bereunder, any monies paid on account
will be divided . Seller. . Broker for Seller. but in no event will the sum paid to the
Broker for Seller exceed the abo.... specified Broker's fee.
672
6730 Seller bas received tbe Consumer Notice as adopted by the State Real Estate CommissiOll at 49 Pa. Code ~ 3$-.336.
fY) O/C. '" "
'L 003
JREPARED BY AGENT: Nel:iion Alliin, Owner
VS.2K . Slandard Agreement For The Sale Of Real Eslale, 01102. Plimnsytvanla AssocIation of REAl TORSG>>
;oPYRIGHT PENNSYlVANIA ASSOCIATION OF REALTOR... 2002
=fealFASTI1P Software, 02003, Version 6.12. Software Registered 10: Nelson Allen, Realty Wa1d Broker Network
0212810312:59:29
Pas. '~20
Seller{s}tnitials A/
--. --1-
-._ -0- _.__
. .
740 Seller bas ~ec~i~ed' a stllement DC Seller's estimated dosing costs bemre signing Ibis Agreement.
75 0 Seller bas r...d and understands tile notices and explanalory inCormation sel fOrth in tbi5 Agreement.
76 SELLER'S MAILING ADDRESS: D Co:Jl ~ ~l feU, i\\eWr... ~ /"lr..
77 /8't05 l__ (' / :>"T _ LU-f>'-Uf(JUOJ\(J. f"V<-
78 SELLER'S CONTACT NUMBER(S):
79 .0 In 114-.0'5(,,0
SELLEP{!)
~Jf:vu ~"-tJ~-t1JJ
(n a;l c.i'\ I, 7--Ub3
IITNE5S
DATE
,80 Brokers'lLicensees' Certifications (cbeck all that are applicable):
581 0 Regarding L...d-Based Paint Hazards Disclmure: Required ifPreperty was buill before 1978: The undersigned Licensees
582 involved in this transactim, on behalf of Il)emselves and their -l;rokers, certiJY that their statements are true to the best nf their
583 knowledge and belieC .
584 Acknowledgment: The Licensees involved in this transaction have infcnned Seller nfSeller's obligations under The Residential
685 Lead-Based Paint Ha:zard Reduction Act, 42 U.S.C. ~ 48S2(d), and are aware of their responsibility to ensure compliance.
686
6870
688
689
690
691 0 Regarding Mediation: The undersigned 0 Broker for 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 ACCEYI'ED BY
696
697 BROKER FOR BUYER (Company Name)
698 ACCEYI'ED BY
Regarding FHA Mortgages: The und...signedLicensees involved in this transaction, on behalf of themselves and their
brokers, certi/)' that the terms of this contract for purchase are true to the best of their knowledge and belief; and that any other
agreement entered into by any oflbese parties in connectim with this transactim is attached to this Agreement.
DATE
DATE
PREPARED BY AGENT: NelsQn Allen Ownel'
A/S.2K. Standard Agreement For The Sale Of Real Estate. 01102. Penr.s~la Associatla1 of REAL TORsaD
COPYRIGHT PENNSYlVANl>. ASSOCl>.T10N OF REAl TORse 2002
RealFASTt) Softwate, 02003, Version 8.12. Software Registered to: Nelsen Allen, Really World Broker Networ1<
Buyer(s) Initials _ 02128103 12:59:29
Pag. 13 of 20
. ~. ~
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EXHIBIT B
--SELLERiSUPROPERTY DISCLOSURE STATEMENT
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,.--------_______._'_n~,__ "_.._,,
1 Prope";;' Address II
2
3 Seller Y"r....J LL ~ ,.. L::' 3
4 A seller must disclose to a buyer all known material defects about property 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 property being 5
6 considered. 6
7 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 7
8 any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty Or a
9 representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns 9
· about the conditions of the property that may not be included in this Statement This Statement does not relieve Seller of the obligation ,.
1 to disclose a material defect that may not be addressed on this fonn. 11
2 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the 12
3 residential real property or that involves an unreasonable risk to people on the land. 12
4 14
SPD
ell" \ b (l, I (\.,
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2
,.
s 1. SELLER'S EXPERTISE . Seller does ~ot possess expertise in contracti'!g, engine~ng, architecture, or other areas related to the "
6 construction and conditions of the property and its improvements, except as follows: .
1 2. OCCUPANCY .
8 (a) Do you, Seller, currently occupy this property? 0 Yes ~
If "no," when did you last occupy the property? ALl C) ..J 00/
(b) Have there been any pets living in the house or 0 er Structures during your ownership? r;rYes 0 No
If "yes," describe: \ d. C-
16
;9
17
~ !
18
'9
'2
20
:ol
" 3. ROOF
(a) Date roof installed: Documented? 0 Yes 0 No rn--tlnknown
(b) Has the roof been replaced or repaired during your ownership? 0 Yes Q--NQ
(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 EJ...NO
(e) Do you know of any problems with the roof, gutters or downspouts? 0 Yes G-1%
Explain any "yes" answers that you give in this section:
21
22
23
:6
;7
7~
:z
':'"'
:g
m
"
:1 4.
'2
BASEMENTS AND CRAWL SPACES (Complete only if Bj!Plicable)
(a) Does the property have a sump pump? 0 Yes ~o 0 Unknown
(b) Are you aware of any water le,akage, accumulation; or dampness w, ithin the basement or crawl sface?_. ~s..J 0 No
If"yes;' describe in detail: L' If! I"c' h.::. +- CO\J-'l II CPIVl r "d_I'- ( ,,\c...., U,,:),(
.3iJ
:J
:4
;5
,-
'5 (c) Do you know of any repairs or other attempts to control any water or dampness problem in the basement or crawl space?
" Q->(Os' 0 No ;
:a If "yes," describe th location, extent, date,,and )lame of the person who did the repair or Control effort:
~~ r. )'L' l~.\\ \ \ eli'
:, 5. TERMITESIWOOD.DESTRQ.YING INSECTS, ,DRYROT, PESTS. , i
'1 (a)' Are you aware of any tenniteslwood-destroying insects, dryrot. or pests affecting the property? 0 Yes
;, (b) Are you aware of any damage to the property caused by te~ites/wood.destroying insects, dryrot, or pests?
'3 (c) Is your property currently under contract by a licensed pest control company? 0 Yes' (g-jIfQ
'4 (d) Are you aware of any termite/pest control reports or treatments for the property in the last five years? aYes 0 No
:s Explain any "yes" an~we~s tjIat you give in this section, including the name of any~ervice/treatment provider, if ap,p liqble: _ ..,
'5 +\'''''''''- L-,n.~ .1," ,)^Fnc-l (''- 1\"" \'-c:,u::,t: I"~ \ I'!.::l ,.j ~'"'" UJ( hC\:::,cc,I .
,; 6. STRUCTURAL ITEMS
" (a) Are you aware of any past or present water leakage in the hGuse or other stmctui'es? ~es 0 No
:L_~, (b) AreyelHlWafe-6f-any-pastorl'resentmovernent;-sl1ifttng;<leTenoratiOn;-or01lierpr6bleillS-with walls;-(oundations, or ott'J,,~ stmc~ "
;0 tural' components? 0 Yes rr-No
" (c) Are you aWaI'j:.of any past or present problems with driveways, walkways, patios, or retaining walls On tho property?
., 0 Yes CJNo
53 (d) Is your property constructed with an Exterior Inal!lating Finishing Sys(em (EIFS), such ,as drivit or .yr.thetic ',tucco?
:J DYes 0 No e-Dnknown , L r-" _ L.-\
'5 If"yes,"describeanyknowoproblems: L...)CLl-'2,' ('C\..k.\i~ d :::, IDr" \ .r~\C1.:Jt, ,
:6 I" ~)C\,;,..p \1\.12.,,,--,
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50
rT1 Pennsylvania Association of
LD REALTORS<'
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Page 1 of 4
Seller's Initials: ~4._f\.~
5:.
COPYRIGHT PENNSYLVANIA ASSOCt\TION OF REALTORS~ 1m
6.<),
9 "(e) Are there any defects in flooring, including stains2 0 Yes B'iIo 0 Unknown
o " If "yes," explain: .
,"
2
3
Sf
~ ... .
6t
61
Explain 'any '"ye:!" answelS that you give in this section. When explaining reports to control or repair, please describe the loca- , 6;
tion and extent of the problem, and the date and pelSon by whom the work was done, if known:
4
6:
lj.;
l:3-NO 6~
5 7. ADDmONSIREMODELS Have you made any additions, structural changes, or other alterations to the property? 0 Yes
6 If "yes," descn'be:
7
~
.9
Q
1
2
"3
"
~
8. WATER AND SEWAGE
(a) What is the'source of your drinking water? ~blic Water
'6
'7
'8
'9
o Community Water 0 None 0 Other (explain)
(b) If your drinking water source is not public:
When was your water last 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? !J-1lUblic Sewer 0 Individual On-lot Sewage Disposal System
o Individual On-lot Sewage Disposal System in Proximity to Wen 0 Community Sewage Disposal System
o Ten-acre Permit Exemption 0 Holding Tank 0 None 0 None AvailableJPermit Limitations in Effect
If Individual On-lot, 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 Metal/steel 0 Cement/concrete 0 Fiberglass 0 Unknown
o Other (specify):
Other type of sewage system (explain):
o On-Site Water (Wen on Property)
6t
6;
6E
6t
7(
7'
What was the result of the test?
DYes 0 No
7:
0,
7:
7'
7(
7E
7,
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8:
8:
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o Wall 0 None
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(c) Type of heating: ~tric 0 Fuel Oil trNatural Gas 0 Propane (On-site) 1C'
Are there wood or coal bUrning stoves? 0 Yes D-NO If "yes," how many? -'-- Are they working? 0 Yes 0 No lC'
Are there any fireplaces? 0 Yes G-NO If "yes," how many? _ Are they working? 0 Yes 0 No "
Other types of heating systems (explain): 10
10:
If "yes," how many? _
Are they working?
DYes
DNa
1~
"
"
~
(I) Type of water heating: 0 Electric 0 Gas 0 Solar
(g) Are you aware of any underground fuel tanks on the property?
If"'yes," describe:
If tanks are not owned, explain:
(11) Are you aware of any problems with any item in this section?
If "yes," explain:
1;
"
"
"
11
11'
11
11:
o Other:
DYes
ErN'O
DYes
ITNo-
20
Page 2 of 4
).:' I
Seller's Initials: -U.....
H
I i~--ELEcrRlCAL SYSTEii Are yo'l ~w~e of!"\Y pro.blems or repairs needed in the electrical system? ~s 0 No 121
IT'~es,"explain:_ 'Slu\\-Cr- \..u ""-_\oj It" bC\~11~c.,'--t 122
n. OTHER EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete only if applicable) . -- 123
Equipment and. applian<:es ultimately included in the sale will be detennined by negotiation and according to the tenos of the 124
Agreement of Sale. 125
(a) 0 Electric Garage Door Opener No. of Transmitters _ 126
(b) 0 Smoke Detectors How many? _ Location 127
(c) 0 Security Alann System 0 Owned 0 Leased 0 Lease Infonoation 12.
(d) 0 Lawn Sprinkler No. 0 Automatic Timer 129
(e) 0 Swimming Pool 0 Pool Heater 0 Spa/Hot Tub 130
PooUSpa Equipment (list): 131
(f) rn--Refrigerator 0 Range, 0 Microwave Oven 0 Dishwasher 0 Trash Compactor rn--t1afbage Disposal 132
(g) 0 Washer 0 Dryer 133.
(h) 0 Intercom L 0 134
(i) ~ilingfans No.~ Location ". J<t 10-1(\ Df( ~ 612- 135
Q) 0 Other: 136
Are any items in this section in need of repair or replacement? 0 Yes .l!r'N; 0 Unknown 137
IT ''yes." explain: 13.
13. LAND (SOILS, DRAINAGE, AND BOUNDARIES) 139
(a) Are you aware of any fill or expansive soil on the property? 0 Yes cr-No 140
(b) Are you aware of any sliding. settling, ~ movement, upheaval, subsidence. or earth stability problems that have occurred on 141
or affect the property? 0 Yes B"No 1>2
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: Department of Environmental Protection, Mine Subsi- ,,,
dence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100 "5
(outside Pennsylvania). "6
(c) Are you aware of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? '"
DYes IT"No '"
(d) To your knowledge, is this property, or part of it, located in a flood zone or wetlands area? DYes t1No '"
(e) Do you know of any past or present drainage or flooding problems affecting the property? ...0 Yes [J'1:10 lOG
(f) Do you know of any encroachments, boundary line disputes, or easements? 0 Yes trNo 151
Note to Buyer: Mos! propenies have easements running across thernIar utility services and other reasons. In many cases, the 15:
easements do not restrict the ordinary use of the propeny, and Seller may not be readily aware of them. Buyers may wish to 1~3
determine the existence of easements and restrictions by examining the property and ordering an Abstract of TItle or searching l=~
the records in the Office of the Recorder of Deeds for the county before entering into an Agreement of Sale. '05
(g) Are you awaryof any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? '"
DYes LfNo 107
Explain any "yes" answers that you give in this section: m
1:3
I 14. HAZARDOUS SUBSTANCES
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.J>Ot limited t~, asbestos, POI?,chlOrinate,d biphenyls (PCBs), Ureafonoaldehyde F?atn Insulation (um), etc.? 162
DYes rrNo ',", \ _,./ 153
To your knowledge, has the property been tested for any hazardous substances? 0 Yes IT No 11'
Do you know of any other environmental concerns that inight impact upon the property? 0 Yes CrNo '50
Explain any "yes" answers that you give in this section: '"
j5il
Do you know of any tests for radon gas that have been performed in any buildings on the property? 0 Yes No lOa
If "yes," list date, type, and results of all tests below: '52
DATE TYPE OF TEST RESULTS (picocurieslliter or working levels) NAME OF TESTING SERVICE ,;,
1Si
-
,--
"
172
17:3
Are you aware of any radon removal system on, the prope.rty? 0 Yes 0 No
IT "yes," list date installed and type of system, ima whether it is in working order below:
DATE INSTALLED TYPE OF SYSTEM P1{OVlDER
li.1
I.;:
WORlGNG ORDER
DYes D No
DYes ONo
DYes 0 No
~i6
1'"
,.
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li~
Page 3 of 4
Seller's Initials: J!.uJ
loa
121
122
;"
(f) If property was constructed, or if construction began. before 1978, you must disclose any knowledge of lea<i:b,ed paint on the '"
~ property. Are'You aware ,of any lead-based paint or lead-based paint hazards on the property? 0 Yes ~o, _ m
If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: . 185
.. '. . 186
(g) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paint 18;
I or lead-based paint hazards on the property, ~ you aware of any reports or records regarding lead-based paint or lead-based 188
I paint hazards on the property? 0 Yes ~No 189
) If "yes," list all available reports and records: 190
I 191
! 15. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable) 192
I Type: 0 Condominium 0 Cooperative 0 Homeowner Association or Planned Community 193
I Other 19.
Notice regarding CORlwminiums, Cooperatives, and Pwnned Communities: According to Section 3407 of the Unifonn Condo- 195
minium Act (68 Pa. C.S. 93407 (relating to resale of units) and 68 Pa. C.S. 94409 (relating to resale of cooperative interests)] and 198
1 Section 5407 of the Unifonn Planned Community Act (68 Pac C.S. 95407 (relating to resale of units)), a buyer of a resale unit in a 191
3 condominium, cooperative, or planned community must receive a copy of the declaration (other than the plats and plans), the by- 1S8
l laws, the rules or regulations, and a cenificate of resale issued by the association in the condominium, cooperative, or planned com- 199
I munity. The buyer will have the option of canceling the agreement With the return of all deposit monies until the cenificate has been 200
1 provided to thl{ buyer and for five days thereafter or until conveyance, whichever occurs firs/. ZOI
2 16. MISCELLANEOUS 20Z
3 (a) Are you awary-uf any historic preservation restriction or ordinance or archeological designation associated with the property? 203
. Dfu ~ , ~
~ (b) Are you aware of any existing or threatened lega! action affecting the property? 0 Yes "Er--No Z05
6 (c) Do you know of any violations of federal, state, or loca!laws or regulations relating to this property? 0 Yes IT"No 206
; (d) Are you aware of any public improvement. condominium or homeowner association assessments against the property that remain 2D7
8 unpaid or of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected? 0 Yes EJ"No zos
9 (e) Are you aware of any judgment. encumbrance, lien (for example, co-maker or equity loan), overdue payment on a support obli- m
o gation, or other debt against this property that cannot be satisfied by the proceeds of this sale? 0 Yes llYNo 2::
1 (f) Are you aware of any reason, including a defect in title, that would prevent you from giving a warranty deed or conveying title to the 2'-
2 property? 0 Yes 9"No 21<
3 (g) Are you av:..ar5-of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? 2'-
4 0 Yes []/No 21J
5 A materia! defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of ,,~
6 the residential rea! property or that involves an unreasonable risk to people on the land. '"
7 Explain any "yes" answers that you give in this section: 1'-
a 21::
9 ll~
, The undersigned Seller represents that the information set forth in this disclosure statement is accurate and complete to the best '"
1 of Seller's knowledge. Seller hereby authorizes the Listing Broker to provide this infonnation to prospective buyers of the prop'- z:-
1 erty and to other real estate licensees, SELLER ALONE IS RESPONSIBLE FOR THE ACCURACY OF THE INFORMATION '2'
3 CONTAINED IN THIS STATEMENT, Seller shall cause Buyer to be notified in writing of any infonnation supplied on this fonn L
· which is rendered ipaccurate by a change in the condition of the property following completion of this fonn, ",
- /Z / ., /', /. r 'I ' '0<
:WITNESS'''...d~- SELLER /0,_/.J.i\ ';'C" rU DATE 3-0..0::" ;;;
7 WITNESS/' ~ SELLER DATE
., WITNESS SELLEIL DATE
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EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to the provisions of the "Real Estate Seller Disclosure Act," the undersigned executor, administrator or trustee is nOl required to fill out a Seller's Property
Disclosure Statement. The executor, administrator or trustee, must, however. disdo3e an)' known material def::ct(s) of the property.
-\;-DATE- ,
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", RECEIPTA:ND-AGKNOWLEDGEMENT BY BUYER
The undersigii~ Buyer acknowledges receipt of this,D~?S ", temJ,Pt.. Buyer adcnowledges that this Statement fs not a w:.rranty ar:d ~hal, ur.less
stated othe~_ in the sales contract, Buyer is pu~ing:th. proPerty'in iu f'lresent coediti~g. It is Buyer's respolbib\lity to satbfy himself or hers~lf as
to the condition Of the property. Buyer may request tha.!!.: property be iospeded, at Buyer's expense and by qualified professionals, to determine the con-' 23f.
ditlon of the structure or its components. . ,
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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: 1.. 'J.." O~__
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
By:
~~~
Mark K. Emery
David J. Lanza
LD. 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. 04-178
v.
CIVIL ACTION - LAW
THEODORE NUTAITIS 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 doctrine of prior pending action, as Plaintiff has filed
two identical Complaints with identical parties and allegations Wlder two different docket numbers.
7. Plaintiff's Complaint is barred by the pendency of the action captioned at 03-6631.
Wherefore, Defendant requests that this Court dismiss Plaintiff's Complaint, or, in the alternative,
dismiss Counts I and II and require a more specific pleading for Count III,
Respectfully submitted,
jJ/{~
By:
David J. Lanza
Attorney l.D. No. 55782
2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
II.
CERTIFICA TE OF SERVICE
AND NOW, this '1GtJ.-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 I
1)((
David J, Lanza
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EUGENE F. EAGLE, JR
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
Plaintiff,
NO. 04-178
v.
CIVIL ACTION - LAW
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. 04-178
v.
CIVIL ACTION - LAW
THEODORE NUTAITIS and
KRISTI L. DODGE,
Defendants
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, by and through his attorney, Mark K.
Emery, Esquire, and files this Amended 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. During the course of their ownership of the Home, Defendants leased the
property.
12. Upon information and belief, their tenant, who resided in the Home
immediately prior to its transfer to Plaintiff, advised Defendants of the
substantial water leakage in the home.
13. Upon information and belief, Defendants' rental manager advised them of
the tenants' complaints regarding water accumulation in the basement of
the Home.
14. It is believed and therefore averred that physical evidence existed in the
nature of water stains and rust that would have put Defendants on notice
of the excessive water leakage and accumulation.
15. 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.
16. Despite such actual or constructive knowledge, Defendants failed to
disclose such material defect to Plaintiff.
17. Plaintiff has determined that substantial remediation will be required to
cure and control this material defect.
18. The fair and reasonable cost to remediate the defect in the Home is
$5440.00.
19. The presence of water in the basement area of the Home diminishes the
value of the Home, both currently and upon resale.
COUNT I
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,
and failing to disclose the information they possessed through their
tenants and/or rental agent.
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 II
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 III
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:
;7/~~
Mark K. Emery, Esquire ./~
Supreme Court 1.0. No. 7z187
41 0 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: J J~. 0</
EXHIBIT A
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SELLER'S BUSINESS RELATIONSHIP WIm PA LICENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS TIlE AGENT FOR SELLER. Designated Agenl(s) for Seller, if applicable:
OR
Broker is NOT tbe Agent for Seller and is alan: o ACE..,,. fOR BuYER o 11lANSAcnON LtcENsEE
BUYER'S BUSINESS RELATIONSHIP WIm PA UCENSED BROKER
BROKER (Company) PHONE
ADDRESS FAX
BROKER IS TIlE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable:
OR
Broker is NOT tbe Agent for Buyer aod is alan: 0 .4CENT FOR SE,LLER 0 'SVBACE:\'TFOR SELLER 0 TllANSACTJON LICENSEE
STANDARD AGREEMENT FOR TIlE SALE OF REAL ESTATE AJS .. 2K
~ fJnn rca:nnmc:ndal and a.ppro,'Cd Ji:ar. but not rcscrictcd to use by, members oCthc PcnrJ5)'lvania Association orREAL TORSdj) (PAR).
,
When tbe same Broker is Agent for Seller and Agent for Buyer, 'Broker is . Dual Agent. All of Broker's liceOJ'" are also
Duaf Agents UNLESs tbere are separate Designated Agents for Buyer and Seller. If tbe s.me Licensee is designated for
Seller and Buyer, the Licensee is a Dual Agent
I
2
3
1. This Agreement. dated'F . onn,
SELLER(S)o . \ t
Jh e (Jd ole ,]. I\.J t Ji-n. l lSTIc- ~
,
lY] eLfc..h l, L.-ba3
, is between
4
5
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called "Seller, nand
BuYER(S):
Eil gei1e. r=: E 0-3"e. JR..
caned "Buyer~"
2. PROPERTY (1-98) Seller bereby agrees to sell and convey to Buyer, wbo bereby agrees to purcbase:
ALL THAT CERT 10 or piece of ground witb building. and improvements thereon erected, if any, known as:
,
I<nsn' L, NuJu_ills
7
8
9
10
II
12
13
14
,15
16
17
18
19
20
21
22
23
24
25
26
27
, 28
29
30
31
32
33
iu tbe of"'" r-
County of r in tbe Commonwealrb ofPennsylvaDia, Zip Code
Identificatioo (e.g., Tax In #; Parcel #; Lot, Block; D..,d Book, Page, Recording Date)
,.. OlD
3. ,TERMS (1-112)
(A) Pun:base Price
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U.s. Dollar.
s
s
s
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TOTAL S
(B) Deposits paid on ae<:ount of purchase price to be held by Broker for Seller, unless ltherwise stated here:
wbicb will be paid to Seller by Buyer as follows: I, ,
'I. Cash or check at signing this Agreement: D \,DOOolY\ rl Opn:;\+-
2. Cash or check within days of the execution of this Agreement:
3.
4.
Cash, cashier's or certified check at time of settlement:
(C) Seller's written approv;i!.J,o be on or before:
CD SettJemenltobeon .JLJ-.I'\e. I, ~C03 ,orbeforeifBuyerandSelleragree.
(E) Conveyance ITom Seller will be by fee simple deed of special warranty unless otherwise stated here:
(F) Payment of transfer taxes wilfbedivided equally between Buyer and Seller unless of her wise stated here:
(0) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer a,nd Seller, reimbursing where
applicable: taxes (see lnfonnation Regarding Tax Proration); rents; interest on mortgage assumptioos; condominium fees
PREPARED BY AGENT: Nelson Allan. Owner
AlS.2J{ - Slandard Agreement For The Sale Of Real Estate, 01/02. Pennsylvania AssociaUon of REAL TORse
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS4I) 2002
RealFASTfD Software, C2003. Version 6.12. Software RegiStered 10: Nelson Allen. Really Worfd Broker NelWork
Buyer(S) Inilials _ 02l2BI03 12~59:29
PIg., 1.of 20
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and haneowner association fees, if any; water and/or sewer fees, if any, together with any other lienable municipal service.
The charges are to be pro.rated fur the period(s) co_ed: Seller will pay up to and including the date of sett1ement; Buyer
will pay fur all days fullowing settlement, unless otherwise slated here:
FIXTURES & PERSONAL PROPERlY (1-00)
(A) INCLUDED in this sale and purchase price are all existing items pennanently installed in lbe Property, free of liens,
including plumbing; heating; lighting fixtures (including chandeliers and ceiling Iims); water treatment systems; pool and spa
equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpolled trees; any remaining
heating and cooking fuels stored on the Property at Ibe time of settlement; wall to wall carpeting; window covering hardware,
sbades and blinds; built-in air conditioners; built' appliances; and the ra ge/oven unl!'5S 0 ' t. included:
r n
(B) LEASED items (not owned by Seller):
(C) EXCLUDED taxtures and items:
DATESmME IS OF THE ESSENCE (1~2)
(A) The said date fur settlement and all other dates and times refurred to for 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 will be counted from the date of execution, by excluding the day this
Agreement was executed and includiog the last day of the time period.
(C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by mutual
written agreement oflbe parties,
(D) Certain time periods are pre-printed in this Agreement as a convenience to tbe Buyer and Seller. Any pre-printed time
periods are negotiable and may be changed by striking out Ibe pre-printed text and inserting a different time period
acceptable to all parties.
M9RI'GAGE CONTINGENCY (1~2)
lB'WAIVED. This sale is NOT contingent on mortgage financing.
o ELECTED
(A) This sale is contingent upon Buyer obtaining mortgage financing as follows:
I. Amount of mortgage loen S
2. Minimum Term years
3. Type of mortgage
4. Interest rate 0/0; however9 Buyer agrees to accept tbe intenst rate as may be committed by
the mortgage leader. not to exceed a maximum interest rate of %.
S. Disoount points, loan aig;nation, loan placement and other fees charged by the lender as a percentage of tbe mortgage
loen (excluding any mortgage insurance premiums <r 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 Bu)1'1' the right
to guarantee an interest rate at <r below Ibe Maximum_lnter,es1 Rate specified herein wilb Ibe percentage fees at <r below
the amount specified herein. Buyer gives Seller the right. at Seller:s sole option and as permilled by the mortgage Icrider
and applicable laws, to contribute financially, without pranise of reimbursement, to the Buyer and/or mortgage lender to
make the aJ>ove terms available tn Buyer,
(B) Within U 0 DAYS (10 days if not specified) of the executim of this Agreement. Buyer will make a canplc!ed,
written mortgage application fur the mortgage tenns specified above to a responsible mortgage lender. The Broker for
Buyer, if any, otherwise tbe Broker for Seller, is authorized 10 communicale witb the mortgage lender for the
purposes of assisliag in lbe mortga~~, .A PIt l \4, 1.003
(C) L Mortgage commitment date r ~~ .Ifa written commitment is not received by Seller by
the above date, Buyer and Seller agree 10 extend the mortgage commitment dale until Seller lerminates this
Agreement in writing by Dotice to Buyer..
2. Upon receipt of a mortgage commitment, Buyer will pranptly deliver a copy of the c:ommitmentto Seller.
3. Seller has the option to terminate Ihis Agreement in writing, after the mortgage commitment date if tbe mortgage
commitment:
a. fs'not valid until the date ofselllement. OR
b. Is conditioned Upon the sale aDd settlement of any other property, OR '
c. Contains any other condition not specified in this Agreement that is not satisfied-and/or removed in writing by
the mortgage lender witbin 7 DAYS after the mortgage commitment date in paragnph 6 (q (1).
4. ffthis Agreement is terminated as specified in paragraphs 6 (C) (I) or (3), <r the mortgage loan, is not obtaioed for
settlement9 all deposit monies paid on account of p.urchase price will be returned to Buyer. Buyer will be respons~le
PREPARED BY AGENT: Nelson AJlen, Ownef'
AfS.2K - Standard Agreement For The Sale or Real Estale, 01102. Pennsylvanla Assocli!ltiun r:I REAL TOR~
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSf> 2002
RealFASTtID Software, C2003, Version 6.12. Software Registered 10: Nelson Allen, Realty World Broker Network
Buyer(s) Inilials _ 02/28103 12:59:29
Pa~ '- Qf 2C
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108
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III FHAIV A, IF APPLICABLE
112 (I'") It is expressly agreed that notwithstanding any other provisims of this contract, Buyer will not be obligated to complete the
113 purchase of the Property described herein or to incur any penalty by ferfeiture of earnest money deposits er otherwise unless
114 Buyer has been given, in accordance witb HUDIFHA cr VA requirements, a written statement by the Federal Hwsing
115 Commissioner. Veterans Admin~tim, or a Direct Endorsement Lender setting forth the appraised value of the
116 Property of not less than $ \ l14J)()Q, (',(') (the dollar amamt to be inserted is the sales price as stated in this
117 Agreement). Buyer will have the privilege and option of proceeding with amsummation of the contract witbout regard to
118 the amount of tbe appraised valuation. Tbe appraised v.luatiat is arrived at to determine tbe maximum mortgage the
11 9 Department of Hwsing and Urban Development will insnre. HUD dQes not warrant the value ner the oonditioo of tbe
120 Property. Buyer should satisfy himseIDherselfthat the price and condition oftbe Property are acceptable.
121 Warning: Section 1010 of Title 18, U.S,c" Department of Hoosing and Urban Development and Federal Hwsing
122 Administration Transactions, provides, "Whoever for the purpose of . . . influencing in any way the action of such
123 Department, makes, passes, utters, or publisbes any statement, knowing the same to be talse . . . shall be fined under this
124 title or imprisoned not mcce than two years, or bdh."
125 (G) U,S. Deparbnent of Housing and Urban De\'elopment (HUD) NOTICE TO PURCHASERS: Buyer's
126 Acknowledgement
127 0 Buyer has reeeived the HUD Notice "For Your Protection: Get a Home Inspection" (see Notices and Information on
128 Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has
129 thought about this before signing this Agreement.
130 Buyer's Initials Date
131 (Ii) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of this centract
' 132~~"-~-._for purchase are true to the best of our knowledge a",'-belief, and ,that any other agreement entered into ~ any of these
133 parties in connection with this transaction is attached to this Agreement. _. '__
134 7. INSPECTIONS (1-02)
135 (A) Scller agrees to permit inspections ~ autherized appraisers, reputable certifiers, insurer's representatives, surveyors,
136 municipal officials and/or Buyer as may be required by the mortgage lender, if any, or insuring agencies. Seller further
137 agrees to permit any otber inspections required by or provided for in the terms of this Agreement. Buyer has the right to
138 attend all inspections.
139 (B) Buyer reserves the right to make a prl>-settlement walk-through inspection of the Property. Buyer's right to make this
140 inspection is not waived by any other provision of this Agreement.
141 (C) Seller wilt have heating and all utilities (including fuel(s)) on for the inspections.
142 (D) All inspectors, including home inspectors, are autha-ized by Bu~r to provide a copy of any repcrts to Broker fa- Buye:-.
143 8. PROPERTY INSPECI10N CONTINGENCY (1-02)
144 Other provisions of this Agreement may provide for inspections and/or certifications that are not waived or altered by Buyer's
145 election here.
146 0 WAIVED. Buyer understands that Bu~r has the option to request inspections of the Property (see Property Inspection
147 Notices and Environmental Notices). BUYER WAIVES 11llS OPTION and agrees to the RELEASE set forth ,in paragraph
148 1. 25 of this Agreement. " , . _ , . n
149 ~ELECTED
150 (A) Within DAYS (IS days if not specified) of the execution ofth is Agreement, Buyer, at Buyer's expense. may choose
151 to have inspections and/or certifications co,:"pleted by licensed or otherwise qualified professiQ'lals (see Property mspe::t:ion
PREP4RED BY AGENT: Nelson Allen, Owner
AIS,2K - Standard Agreement For The Sale Of Real Estate. 01102. Pen,.sylvanla AssoclaUon of REALTORSlZ
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSClll2002
RealFASTe Software, C2003. Version 6.12. Software Registered lex N~&on Allen, Realty Wood Broker NetNork
Buyer(s) Inilials _ 02128103 12:59:29
fer any premiums for mechanics' lien insurance and/or title search, a- fee for cancellation of same, if any; AND/OR
any premiums fer flood insurance. mine subsidence insurance andla- fire insurance with extended coverage, or
cancellation fee, ifany; AND/OR any appraisal fees and charges paid in adwncc to themortgage lender,
(D) If the mortgage lender requires repairs to the Property, Buyer will, upon receipt, deliver a copy of the mortgage lender's
requirements to Seller, Seller will, within 5 DAYS of receipt of the mortgage lender's requirements, naify
Buyer \\!tether Seller will make the required repairs at Seller's expense.
1, If Seller chooses to make the required repairs, Buyer will accept the Property and agree to the RELEASE set fOrth in
paragraph 25 of this Agreement.
2, If Seller chDaies not to make the required repairs, Dr if Sener fails to respond within the time given, Buyer will,
within 5 DAYS, naify Seller in writing of Buyer's choice to terminale this Agreement OR make the
required repairs at Buyer's expense and with Seller's premission, which will not he unreasonably withheld. If Seller
denies Buyer permissim to make the required repairs, Buyer may, within 5 DAYS of Seller's denial,
terminate this Agreement, in wbich case all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be VOID.
(E) ~lIer Assist
]!!I. NOT APPLICABLE
o APPLICABLE. Seller will pay:
Os
o
, maximum, toward-Buyer's costs as permitted by the mortgage lender.
. .
Page 3 of 2C
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Notices and Environmental Notices), This contingency does not apply to the fullowing existing cooditions and/or items:
(B) Should Buyer elect to have a home inspection of the Property, as defined in the Pennsylvania Hame Inspection Law, (see
Information Regarding the Hame Inspec:tial Law) such hlll1e inspection shall be performed by a full member in good
standing of a national borne inspection association, or. by a person supervised by a full member of a national home
j inspection associaiion, in accordance with the ethical standards and code of conduct or practice of that association.
) If Buyer is not satisfied with the condition of the Property as stated in any written report, Buyer will:
Option 1. Within the time given fur compledng Inspections:
I. Acccptthe Property with the informatial stated in the report(s) and agroc to the RELEASE set forth in paragraph 25 of
lhisAgreement, OR
2. Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on account of purchase
price will be returned promptly to Buyer and this Agreement will be VOID, OR
3. Enter into a mutually acceptable written agreement with Seller providing fur any repairs or improvements to the
Property and/<r any credit to Buyer at settlement, as may be acceptable to the mortage lender, ifany.
Should efforts to reach a mutually acceptable agreement fail, Buyer must choose to accept the Property or terminate this
Agreement within the time given 10r completing Inspections and according to the provisions in paragraph
8(C) (Option I) 1 and 2.
Optinn 2. Within the time given for completing laspectlclDS: , '
I. Acccplthe Property with the lnfmnation stated in thereport(s) and agree to the RELEASE set forth in paragraph 25 of
Ibis Agreement, UNLESS the total cost to correct the conditions contained in the report(s) is more than
$ .
2. If the tOlal cast to correct the conditions contained in the repert(s) EXCEEDS the amount specified in paragraph S(C)
(Option 2) I, -Buyer will deliver the report(s) to Seller within Ibe time given for inspection.
a. Seller will, within 7 DAYS ofrecciving the report(s), inform Buyer in writing of Seller's choice to:
(I) Make repairs before settlement so Ihat the remaining cast to repair e<nditions contained in the report(s)
is less than or equal to the amount specified in paragraph 8 (C) (Option 2) 1-
(2) Credit Buyer at settlement for the difference between the estimated cost of repairing the conditions
contained in the report(s) and the amoont specified in paragraph S (C) (Oplion 2) I. This oplion must be
acceptable to the mortgage lender, if any.
Not make repairs and not credit Buyer at settlement far any casts to repair conditions contained in the
report(s).
If Seller chooses to make repairs <r credit Buyer at settlement as specified in paragraph 8 (C) (Option 2) 2,
Buyer will acceptlbe Property and agree to the RELEASE set furth in paragraph 25 of this Agreement.
If Seller chooses not to make repairs and not to credit Buyer at settlement, <r if Seller fails to choose any
option within Ibe time given, Buyer will, witbin 5 DAYS:
(1) Accept the Property with the information stated in the report(s) and agree to the RELEASE set fcrth in
paragraph 25 of this Agreement, OR
Terminate this Agreement in writing by notice to Seller, in which case all deposit monies paid on
account of purchase price will be returned promptly to Buyer and this Agreement will be VOID.
WOOD INFESTATION INSPECTION CONTINGENCY (1-02)
o -WAIVED. -Buyer understands that Buyer has the option to request ti1atthe Property be inspected for wood infestation by a
certified Pest Control Operat<r. BUYER WAIVES THIS OPTION and agrees to the RELEASE set furth in paragraph 25 of
Ithis Agreement.
g ELECTED
(A) Within DAYS (15 clays If not specified) of the execution of this Agreement, Buyer, at Buyer's expense, will
ohtain a written "Wood-Destroying Insect Infestation Inspection Report" from a certified Pest Control Operator and will
deliver it and all supporting documents and drawings provided by the Pest Control Operat<r to Seller. The report is to be
made satisfilctory to and in compliance with applicable Jaws, mertage lenders, and/or Federal Insuring and Guaranteeiog
Agency requirements, if any. The inspection will include all readily visible and accessible areas of all structures on the
Property except the following structures, which will not be inspected:
(3)
b.
c.
(2)
(B) If the inspectioo reveals evidence of active infestation(s), Seller agrees, at Seller's expense and before settlement, to treat for
active infestation(s), in accordance with applicable laws.
(C) If the inspection reveals damage from active infestation(s) or previous infestation(s), Buyer, at Buyer's expense, has the optioo
to obtain a written repert by a professional contractor, home inspection service, or structural engineer that is limited to
~~--struclural damage to the Property caused bywood,destroying organisms and a proposal to repair the damage. Buyer will
deliver the structural damage repert and corrective proposal to Seller within 7 DAYS of delivering the <r1ginal
inspection repa1.
(D) Within 5
DAYS of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether
PREPARED BY AGENT: N.laon Allen. Owner
A1S-2K. Standard Agreement For The Sale Of Real Estate, 01ID2. Pennsylvania Association of REAL TQRSe
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSOl> 2002
RealFA$TllD Software, C2003. Version 6.12. Software Registered to: Nelson Allen, Realty World Broker Network
Buyer(s) Initials _ 02128103 12:59:29
p~P,~oJ20
50110<($) Initials IS..bL-
II Seller will repair, at Seller's expense and before settlement, any structural damage from active IX' previcus in~atioo(s).
12 (E) If Seller chooses to repair structural damage revealed by the repll1, Buyer agrees to accept the Property as repaU'ed and agrees
13 to the RELEASE set furth in paragraph 25 of this Agreement.
14 (F) If Seller chooses not to repair structural damage revealed by the report or fails fD respond within the lime giwo, Buyer,
15 within 5 DAYS, will noritY Seller in writing of Buyer's choice to:
.16 I. Accept the Property with the defects revealed by the inspection, without a!:atement of price, and agreero the RELEASE
: 17 set forth in paragraph 25 ofth is Agreement, OR
! 18 2, Make the repairs before settlement, if required by the mortgage lender, if any, at Buyer's expense and with Seller's
! 19 permission, which will not be unreaslllably withheld, in which case Buyer aceeprs the Property and agre.. to the
!20 RELEASE set forth in paragraph 25 ofthis Agreement. If Seller denies Buyer permission tn make the repain, Buyer
!21 may, within 5 DAYS of Seller's denial, terminate this Agreement in writing, in \\bich case all deposit
!22 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be YOID, OR
l23 3. Tcnninatc this Agreement, in which case all deposit monies paid on account of purchase price will be returned
l24 promptly to Buyer and this Agreement will be YOID.
22510. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCl'ION ACT NOTICE REQUIRED FOR PROPERTlES
226 BUILT BEFORE 1978 (1-m)
227 O/NOT APPLICABLE
228 0' APPLICABLE "
229 (A) Seller represents tbat Sell... 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 lcad-based paint hazards in or about the Property.
232 (Provide the !:asis fir determining that lead-based paint andlor hazards exist, the locatioo(s), the condition of the
233 painted surfaces, and oth... available infunnation ClIIcerning Seller's knowledge of the presence of lead-!:ased paint
234 and/or lead-based paint hazards.}
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(B) RecordsIReports: Sell... has no reports or records pertaining to lead-!:ased paint and/IX' lead-based paint hazards in or
about the Property, unless checked below.
o Seller has provided Buyer with aU available records and rep<rts pertaining to lcad-based paint andlor lead-based paint
hazards in or about the Property. (List documents)
(C) Buyer's Acknowledgment: Buyer has received the pamphlet Protect Your Family from Lead in Your Home and has read
the Lead Warning Statement contained in this Agreement (See Envirlllmental Notices). Buyer has reviewed Seller's
disclosure ofkno'Ml lead-!:ased paint and/or lead-based paint hazards, as identified in paragraph 10(A} and has received the
records and reports pertaining to lead-!:ased paint andllX' lead-!:ased paint hazards identified in paragraph IO(B).
Buyer's Initials Date
(D) RISK ASSESSMENTIINSPECl'ION: Buy... acknowledges that before Buyer is obligated to buy a residential dwelling
built beflX'e 1978, Buyer has - 10 DAYS to conduct a risk assessment cr inspection of the Property for the
_ .A>resence of lead-based paint and/or lead-based paint hazards.
f;:V WAIVED. Buyer understands that Buyer has the right to conduct a risk assessment or inspection of the Prq:>erty to
detcnninc the presence ofJead-based paint andllX' lead-based paint hazards. BUYER WAIVES THIS R1GHf and agrees to
,the RELEASE~setJonhjn_paragraph 25 of this Agreement.
o ELECTED U_____
I. Buyer, at Buyer's expense, chooses to obtain a risk assessment andllX' inspection of the Prq:>erty for lead-based paint
and/or lead-based paint hazards. Therisk assessment andlor inspection will be completed within 10 DAYS
of the execution of this Agreement.
2. Within the time set forth above for obtainiDg tbe risk as....smeat and/or Inspection of the Property for
leod-based paint and/or lead-based paint hazards, Buyer may deliver to Seller a written list of the specific
hazard"" cooditillls cited in the report and those carections requested by Buyer, along with a copy of the risk
assessment and/or inspection repcrt.
3. Seller may, within 7 DAYS of receiving the list and report(s}, sulmit a written corrective proposal to Buyer.
The corrective proposal will include, but not be limited to, the name of the remediation canpaoy and a prqjccted
completioo date fIX' carective measures. Seller will provide certification from a risk assessor or inspector that
corrective measures have been satisfuctorily completed on cr before the projected completion date.
4. Upon 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. - --Tenninate this-Agreement in writing, in which case alJdeposit mcnies paid CIl account of purchase price will
be returned promptly to Buyer and this Agreement will be VOID.
5. Should Seller fail III submit a written correctivl: proposal within tbe lime set forth in paragraph 10(D}3 of this
Agreement, Buyer, within 5 DAYS, will:
PREPARED BY AGENT: Nelson Allen, Owner
A/S.2K - Standard Agreement For The Sale or Real E$tale, 01/02. Pennsylvania Assodallon aREAL TORS!)
COPYRIGIfT PENNSYLVANlA ASSOClATtoN OF REALTORS<<l2002
RealFA$T8 Softwore. C2003, Version 6.12. Software Registered 10: Nelson AJlen. Really World Broker Network
Buyer(s) IniUals _ 02128103 t2:59:29
Pag,J,of\20
Seller(s)lnitials~
<.
-_. --I
'..... - ...
-.- -.- -'-.
r'-
71 a. Accept the Property in writing, and agree to the RELEASE set fath in paragraph 2S of this Agreement, OR
72 b. Terminate this Agreement in writing, in which case aJl deposit monies paid on account of purchase price
73 will be returned promptly to Buyer and this Agreement will be VOID.
74 6. Buyer'. fl1Iilul1! to exercise any of Buyer'. optitBl. witbin the time Iimilll specified in tbis paragrapb wilJ
75 c....titate a WAIVER of tbis conliageacy aad Buyer accepts tbe Property aad agrees to the RELEASE set forth
76 ia paragraph 25 of this AgreemCJIt
77 (E) Certiftcatioa: By signing this Agreement, Buyer and Seller certilY the accuracy of their respective statements, to the best of
78 their knowledge.
7911. SfATUS OF RADON (1'{)2)
80 (A) Seller represealll tbat Seller has no knowledge concerning the presence or absence of radon unless checked below.
.81 0 I. Seller has knowledge that the Property was tested on the dates, by the methods (e.g, charcoal canister, alpha track,
:82 etc.), and with the results of aJI tests indicated below:
:83 DATE 1YPE OF TEST
:84
:85
:86
:87
:88
189
290
291
292
293 (Bv'IunON INSPECTION CONTINGENCY
294 .g WAIVED. Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified
295 inspector (see EnvirCllmental Notices: Radoo). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth
296 in paragraph 25 of this Agreement.
297 0 ELECTED. Buyer, at Buyer's expense, has the option to 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 ifnot specified) of the execution of
299 this Agreement. (See Environmental Notices: Radon)
300 L If the test report reveals the presence of radon below 0.02 w<rking levels (4 picocuri~liter), Buyer accepts the
301 Property and agrees to the RELEASE set forth in paragraph 2S of this Agreement.
302 2. If the test report reveals the presence of radon at or exceeding 0.02 working levels (4 picocuries/liter), Buyer will,
303 within 7 DAYS of receipt of the test results:
304 0 Optioa 1
305 a. Accept the Property in writing and agree to the RELEASE set fath in paragraph 25 ofthis Agreement. OR
306 b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will be
307 returned pranptly to Buyer and this Agreement will be YOID, OR
308 c. Submit a written, corrective proposal to Seller. The corrective proposal will include, but not be limited to, the name
309 of the certified mitigation company; provisions for pa)1l1ent, including retests; and a projected compJetim date for
310 corrective measures.
3 II (I ) Within -_. - - -5~. ,. DAYS of receiving the corrective proposal, Seller w.ill; __...
312 (a) Agree to the terms of the corrective proposal in writing, in which case Buyer accepts the Property and agrees
313 to the RELEASE set forth in paragraph 25 of this Agreement, OR
314 (b) Not agree to the terms oflhe corrective proposal.
315 (2) Should Seller not agree to the terms of the corrective proposal or if Seller fl1Iils 10 respoad wilbia tbetime given,
316 Buyer will, within 5 DAYS, elect to:
317 (a) Accept the Property in writing and agree to the RELEASE set fath in paragraph 25 of this Agreement, OR
318 (b) Terminate this Agreement in writing, in which case all deposit mooies paid 00 eccount of purchase price will
319 be returned pranptly to Buyer and this Agreement will be YOID.
320 ' 0 Option 2
32 I a. Accept the Property in writing and agree to the RELEASE set furth in paragraph 25 of this Agreement, OR
322 b. Sulmit a \Witten, corrective proposal to Seller. The corrective proposal will include, but not be limited to, 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 to\W.rd the total cost of remediation and
325 retests, which will be completed by settlement.
32~ -- (I) Iflh. t<tal,cost ofremC<jiatiQII ancirete~1"l'XCEEDS the amounts.pecified in paragraph I 1 (B) (Option 2) b, Seller
327 will, within S DAYS of receipt of the cost ofremediatioii, notilY BuyCiiri writing ofSelTer's'chOice to:
328 (a) Pay for the total cost of remediation and retests, in which case Buyer accepts the Property and agrees to the
329 RELEASE set forth in paragraph 2S of this Agreement, OR
330 (b) Contribute toward the total cost of remediation and retests only the amount specified in paragraph 11(8)
'REPARED BY AGENT; Nelson Allen, Owner
VS-2K . Standard Agreement For The Sale or Real Eslate. 01102. Pennsyivania Association of KEAL TOR~
:OPYRIGHT PENNsYLVANIA ASSOCIATION OF REAL TORse 2002
lealFAST~ SoftlNare, 02003, Version 6,12. Software Registered to; Nelson Allen, Realty WOl1d Broker Network
)uyer(s) IniUafs _ 0212810312:59:29
RESULTS (picocurieslliter or working levels)
o
COPIES OF ALL AVAILABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS.
2. Seller has knowledge that the Property underwent Faden reduclion measures on the date(s) and by the melhod(s)
indicated below: :' '.
DATE RADON REDUCTION METIlOD
Page 6 of 20
Seller(s)lnitlals~
-, ~ '.
-.- -.- -.--
, -
331 (Opti<Xl 2) b.
332 (2) If Seller chooses not to pay fur the total cost of remediation and retests, oc if Seller fails to cboose either optioo
333 witMa lite time giveD, Buyer will, within 5 DAYS, notil)< SelIer in writing of Buyer's choice to:
334 (a) Pay the difference between Seller's contributi<Xl to remediation and retests and the actual cost therof, in -mlch
335 case Bu:;er accepts the Property and agrees to the RELEASE!Cl furth in paragraph 25 of this Agreement, OR
336 (b) Terminate this Agreement, in -mich case an deposit monies paid <Xl account of purchase price will be
337 returned promptly to Buyer and tbis Agreement will be VOID.
33812. STATUS OF WATER (1~2)
339 (A) ~Uer represents that the Property is served by:
340 1ST Public Waler
341 0 On-site Water
342 0 Community Water
343 0 None
344 0
345 (B)I\v ATER SERVICE INSPECTION CONTINGENCY
346 IQ" WAIVED. Buyer acknowledges that Bu:;er has the option to request an inspection of the \Wter service fur the Properly.
347 BUYER WAIVES THIS OPTION and agrees to the RELEASE selforth in paragraph 25 of this Agreement
348 0 ELECTED '.
349 I. Buyer has the option, withiri DAYS (15 days if not specified) of the execution of this Agreement and
350 at Buyer's expense, to deliver to Seller a written inspection report by a qualified. professional water testing company
351 of the quality anellor quantity of the water service.
352 2. Seller agrees to locate and provide access to the on-site (or individual) water system. if applicable. at Seller's cxpcnse,
353 if required by the inspection canpany. Seller also agrees to resta'e the Property, at SeUer's expense, prior to settlement
354 3. If the report reveals that the \Wter service does not meet the minimum standards of any applicable governmental
355 authority anella' fails to satisl)< the requirements for quality anellor quantity set by the mortgage lender, If any, tben
356 Seller will, within 7 DAYS ofreceipt of the report, notil)< Bu:;er in writing ofSell...'s choice to:
357 a. Upgrade the water service to the minimum acceptable levels, befa'e settlement, in which case Buyer accepts the
358 Property and agrees to the RELEASE set furth in paragraph 25 of this Agreement, OR
359 b. Not upgrade the water ....vice.
360 4. If Seller chooses not to upgrade the service to minimum acceptable levels, or mils to respood witbio the time giveu,
361 Buyer will, within 5 DAYS, either:
362 a. Accept the Property and the \Wter service and, if required by the mortgage lender, if any, anellor any
363 governmental authority, upgrade the water service before settlement or withio the time required by the mortgage
364 lender, if any, anellor any governmental authocity, at Buyer's expense and with Seller's permission, which will
365 not be unreasonably withheld, and agree to the RELEASE set furth in paragraph 25 of this Agreement. IfSe1ler
366 denies Buyer permission to upgrade the water service. Buyer may, within 5 DAYS of Seller's
367 denia~ tenninate this Agreement in writing. If Buyer lenninates this Agreeemenl, all deposit mooies paid on
368 account of purchase price will be returned promptly to Buyer and this Agreement will be VOID, OR
369 b. Tenninate this Agreement in wriling, in which case all deposit m<Xlles paid <Xl accouot of purchase price win
370 be returned promptly to Buyer and this Agreement will be VOID.
371 13. STATUS OF SEWER(I~2r~----' - -
372 (A) Sq{ler represents that the Property is served by:
373 Q Public Sewer
374 0 Individual On-lot 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 Penn it Exemption (See Sev.age Notice 2)
379 0 Holding Tank (See Sewage Notice 3)
380 0 None (See Sewage Notice I)
381 0 None Available/Pennit Limitations in Effect (See Se""ge Notice 5)
382 0
383 IB) INDIVIDUAL ON-LOT SEWAGE DISPOSAL INSPECTION CONTINGENCY
384 ~ WANED. Buyer acknowledges that Buyer has the option to request an individual on-lot se""ge disposal inspection of the
385_P!~!3UYIO~ WAIVES THIS OPTlONand agrees to the RELEASE ~et forth in paragraph 25 oEthi. Agreement.
386 0 ELECTEO----- -- ,- --------------- ----_______u_ ____ _ _ __ _________
387 I. Buyer has the option, within DAYS (15 days ifnot specified) of the execution of this AgreemCllt and
388 at Buyer's expense, to deliver to Seller a written inspection report by a qualified, professional inspe<;tor ri: the
389 individual on-lot se\W.ge disposal system.
PREPARED BY AGENT: N.lson Allen, Owner
AlS-2K . SlalldBrd Agreement For The Sale Of Real Estate. 01102. Pennsylvanl,; AssociaUcn of REAL T_ORn~
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAlTORSGP 2002
ReaIFA5T<<> Software. C2003. Version 6,12. Software Registered 10: Nelson Allen, Realty World Broker Network
Buyer(s) Initials _ 02128/0312:59:29
p.KAJ 2:
Seller(s)lnill;is
-- - --,
-.- -.- -.--
390 2. Seller, at Seller's expense, agrees, if and as required by the inspection company, to locale, provide access to, and empty
391 the individual on-lot sewage dis",,"al system. Seller also agrees to resta'e the Property, at Seller's expense, prior to
392 settlement.
393 3. If the report reveals defects that do not require expansion or replacement of the existing S.....ge disposal system, Seller
394 will, witbin 7 DAYS of receipt of the report, notifY Buyer in writing of Seller's choice to:
395 a. Correct the defects b:fa'e settlement, including retests, at Seller's expense, in which case Buyer accepts the
396 Property and agrees to the RELEASE set forth in paragrapb 25 of this Agreement, OR
397 b. Not cmeet the defects.
398 4. If Seller chooses not to correct the defects, or if Seller mils to respond within the time gMD, Buyer will, within
399 5 DAYS, either:
400 a. Accept the Property and the system and, if required by lbe ma1gage lender, if any, and/a' any governmental
401 authority, correct the defects befure settlement or within the time required by the mrrtgage lender, if any,
402 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be
403 unreasonably witbheld, and agree to the RELEASE set forth in paragraph 25 of this Agreement. If Seller
404 denies Buyer permission to ctrrect the defects, Buyer may, within 5 DAYS of Seller's denial,
405 terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price will
406 be returned promptly to Buyer and this Agreement will be YOlD, OR
407 b. Terminate this Agreement in writing, in whiCQ case all deposit mmies paid 00 account of purchase price will
408 be returned pranptfy to Buyer and this Agreement will be YOID.
409 5. If the report reveals the need to expand a' replace the existing individual on-lot sewage disposal system, SelIer may.
410 within 25 DAYS of receipt of the report, submit a corrective proposal to Buyer. Tbe corrective proposal
41 I will include, but not be limited to. the name of the remediation company; provisions fa' pa)ment, including retests;
412 and a projected completion date fur ccrrective measures. Within 5 DAYS of receiving Seller's e<rrective
413 proposals, or ifno correetive prop...alls received within the lime gi",D, Buyer will:
414 a. Agree to the terms of the c<rrective proposal, if any, in writing, in which case Buyer accepts the Property and
415 agrees to th e RELEASE set forth in paragraph 25 of this Agreement, OR
416 b. Accept the Property and the system and, if required by the mrrtgage lender, if any, and/a- any governmental
417 autbority, correct the defects before settlement or within the time required by tbe mrrtgage lender, if any,
418 and/or any governmental authority, at Buyer's sole expense and with Seller's permission, which will not be
4 I 9 unreasonably withheld. and agree to tbe RELEASE set forth in paragraph 25 of this Agreement. If Seller
420 denies Buyer permissioo to c<rrect the defects, Buyer may, within 5 DAYS of SelIer's denial,
421 terminate this Agreement in writing. in which case all deposit monies paid on account of purchase price will be
422 returned promptly to Buyer and this Agreement will be YOlO, OR
423 c. Terminate this Agreement in, Miting, in which case all deposit moo ies paid on account of purchase price will
424 be returned prompllyto Buyer and this Agreement will be YOID.
425 14. NOTICES, ASSESSMENTS & CERTIFICATES OF OCCUPANCY (HI2)
426 (A) Seller represents, as of Seller's execution of this Agreement, tbat no public improvement, cClldominium a' homeowner
427 association assessments have been made against the Property which remain unpaid and that no notice by any government or
428 public authority bas been served upoo Seller or anyone on Seller's bebalf, including notices relating to violations of zoning,
429 housing, building, salety a- fire ordinances which remain uncorrected, and that Seller knoM of no condition that would
430 constitute violation of any such ordinances which remains uncarectcd, unless otherwise specified here:_
431
432
433
434
435
436
437
438
439
440
441
442
443
444
-445----
446
447
448
(C) In the event any notices (including violation.) and assessments are received after execution of this Agreement and befOre
settlement, Seller will notifY Buyer in writing, within 5 DA YSofreceivingthenoticeorassessment, that Seller will:
I. Comply with notices and assessments at Seller's expense, in which case Buyer accepts the Property and agrees to tbe
RELEASE set frrtb in paragrapb 25 of this Agreement, OR
Not comply with notices and assessments at Seller's expense.
If Seller chooses not to comply with notices and assessments, a- fails within the time given 10 notify Buyer if Seller
will comply, Buyer will notify Seller within 5 DAYS in writing that Boyer will eitber:
a. Comply with tbe notices and assessments at Buyer's expense and agree to the RELEASE set fcrtb in paragraph
25 oftbis Agreement, OR
Terminate this Agreement, in whicb case all deposit mnnies paid 00 account of purchase price will be returned
promptly to Buyer and this Agreement will be YOID.
-'1C Buyer fails to- riolil'y Seller withirithe -tiDle given; BUyer'accepm tbe Praperty and agrees to tbe
RELEASE set fortb in paragrapb 25 of this Agreement.
(D) Buyer is advised that access to a public road may require issuance ofa highway occupancy permit from the Depllrtmenl of
Transportation.
2.
3.
b.
PREPARED BY AGENT: Nelson Allen, Owner
AIS~2K . Standard Agreemenl Fcx The Sale Of Real Estate. 01102. Penns)'tvanla AssocIaUcn of REALTORSl!l
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSO> 2002
ReaIFA$Te SoftlNare, Cl2003, Versfon 6.12. Software Registered lc: Nefson Allen, Realty World Broker Network:
Buyer{s} Initials _ 02128103 12:59:29
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449 (E) If required by law, within 15 DAYS of the execution of this Agreement Seller will order for delivery to Buyor,
450 on or before settlement:
45 I I. A certification from the appropriate municipal department or departments disclming notice of any uncorrected violation
452 of zoning, housing, building, safety or fire ordinances, AND/OR
453 2. A certificate permitting occupaney of the Property. In the event repairs/improvements are required for 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 repairs/improvements at Seller's expense.
456 If Seller chOllSes to make the required repairsf'tmprovements, 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 not to make the required repairs/improvements,
458 Buyer will, within 5 DAYS, notify Seller in writing of Buyer's choice to terminate this Agreement OR make the
459 repairs/improvements at Buyer's expense and with Seller's permission, which will not be unreasonably withheld. If Seller
460 denies Buyer permission to make the required repairs or if Seller fails to respnDd within the time given, Buyer may,
461 within 5 DAYS, terminate this Agreement in writing,'in which case all deposit monies paid 00 account of
462 purchase price will be returned promptly to Buyer and this Agreement will be VOID.
463 15. TI1l..E, SURVEYS, & COSTS (1-02)
464 (A) The Prnperty is to be conveyed free and clear of all liens. encwnbrances, and easements, EXCEPTING HOWEVER the
465 following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances.
466 easements of roods, easements visible upon the ground, "''ements of record, privileges or rights of public service canpanies.
467 if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a
468 reputable Tille Insurance Canpany at the regular rates.
469 (B) Buyer will pay for the following: (J) Title search, title insurance andlor mechanics lien insurance, or tee fur 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 mortgage lender, if any; (4) Buyer's
472 custanary 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 description of the Property (or the correction thereof) will be secured and paid for by Seller. Any
475 surveyor surveys desired by Buyer IX' required by the mertgage lender will be secured and paid for by Buyer.
476 (D) 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: (1) taking such title as Seller can give
478 with no change to the purchase price; or (2) being repaid all mOll ies paid by Buyer to Seller on account of purchase price
479 and being reimbursed by Seller fa any coots incurred by Buyor for any iospections or certifications obtained a=ding to
480 the terms of the Agreement, and for those items specified in paragraph I 5 (B) items (I), (2), (3) and in paragraph 15(C), in
481 ~ ich case there will be no further liability or obligation on either oflhe parties hereto and this Agreement will become VOID.
482 16. ZONING CLASSlFICATION (1-02)
483 Failure of this Agreement to contain the zoning classification (except in cases where the property {and each parcel thereo( if
484 subdividable) is zoned solely or l'rimarily to pennit single-family dwellings) will render this Agreement voidable at the option
485 of the Buyer, and, if voided, any depooits teodered by the Buyer will be returned to the Buyer without any requirement for
486 court action.
487 Zoning Classification:
488 0 ELECTED. Within 15 DAYS of the execution of this Agreement, Buyer will ..rify that the existing use of the
489 Property as ,.~.._,_._----- ,is permitted.
490 In the eventthe use is not permitted, Buyer will, within the time given for verification, notifY Seller in writing that the
491 existing use of the Property is not permitted and this Agreement will be VOID, in which case all deposit mooies paid 00
492 account of purchase price will be returned prcmptly to Buyer. Buyer's failure to ""poDd within the lime given will
493 ffcoDSdtute a WAIVER of this contingeney and all other terms or this Agreement rem aiD in full force and elfect.
49417. C AL NOTICE
495 NOT APPLICABLE
496 0 APPLICABLE
497 THIS DOCUMENT MAY NOT SELL, CONVEY, lRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND
498 RlGEffS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRlBED OR REFERRED TO HEREIN, AND THE
499 OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE AU SUCH COAL
500 AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
501 BUIWING OR OTHER srRUCTURE ON OR IN SUCH LAND. (This notice is set fa1h 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 tbe right of protectioo against
503 sulEidene<: resulting fran =1 mining operations. and that the property described herein may be protected from damage due to
504 .- -mine subsidence by a priwtec-ontract.-with the owners of-the,eoonanic interests in the coal. _ 'This,acknowledgment is made for
505 the purpose of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation
506 Act of April 27, 1966." Buyer agrees to sign the deed fran Seller which deed will contain the aforesaid provision.
50718. POSSESSION (1-02)
PREPARED BY AGENT: Nelson Allen. Owner
AlS-2K - Standard Agreement For The Sale Of Real Estate, 01102. Pennsylvania AsSociatiOn of REAL TORSIitl
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSl!D 2002
RealFASTtD Software. C2003. VersIon 6.12. Software Registered 10: Nelson Allen, Really World Broker Network
BUYer(s} Initials _ 02128103 12:59:29
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Sellef'(s) Initials/~
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08 (A) Possession is to be delivered by deed, keys and:
09 I, Physical possessioo to vacant Property free of debris, with all structures broom.dean, at day and time of settlement,
JO AND/OR
II 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is
]2 leased at the execution of this Agreement or Wlless othernise specified herein, Buyer will acknowledge existing
13 lease(s) by initialing said leases(s) at time of execution of this Agreement. ,
,14 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases fur the Property
;15 without the written coosent of Buyer.
; 16 19. RECORDING (3~ This Agreement will not be recorded in the Office for the Recording of Deeds or in any other office or
;17 place of public record and if Buyer causes or permits this Agreement to be reoorded, Seller may elect to treat such act as a
i 18 breach of this Agreement.
il920, ASSIGNMENT (3-85) This Agreement will be binding upoo the parties, their respective heirs, personal representatives,
i20 guardians and successors, and to the extent assignable, 00 the assigns of the parties hereto, it being expressly understood,
i21 howe_, that Buyer will not transfer or assign this Agreement without the written ccnsent of Seller.
12221. DEPOSIT & RECOVERY FUND (1-112)
123 (A) Deposits paid by Buyer within 30 DAYS of settlement will be by cash, cashier's or certified check. Deposits,
124 regardless of the form of payment and the person designated as payee. will be paid in u.s. Dollars to Broker or party
125 identified in paragraph 3(B), who will retain them in an. escrow account until consummation or terminalion of this
526 Agreement in conformity with all' applicable law.! and regulations. Any uncashed check tendered as deposit mooies may
527 be held pending the acCeptance of this offi:r.
528 (B) Upon terminalien of this Agreement, the Brd<er holding the deposit monies will release the deposit monies in accordance
529 with the terms of a fully executed written agreement between Buyer and Seller.
530 (C) In the event of a dispute over entitlement to deposit monies, a broker holding the deposit monies is required by the Rules
531 and Regulations of the State Real Estate Commissioo (49 Pac COOe ~35.327) to retain the menies in escrow until the dispute
532 isresolved. In the event oflitigatioo for the return of deposit monies, a broker wiU distribute the monies as directed by a final
533 (l'der of court or the written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated
534 licensee is joined in litigation fur the return of deposit monies, the attorneys' fees and costs of the broker(s) and licensee(s)
535 will be paid by the party joining tbem.
536 (D) A Real Estate Recovery FWld exists to reimburse any persons who bave 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 Funct, call
539 ~ (7] 7) 783-3658, or(800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
54022. C NDOMINIUM I PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (l-ll2)
541 NOT APPLICABLE
542 0 APPLICABLE: CONDOMlNlUM. Buyer acknowledges that the Property is a unit of a condominium that is primarily run
543 by a unit owners' association. ~3407 of the Uniform Condominium Act of Pennsylvania requires Seller to furnish Buyer
544 with a Certificate of Resale ana copies of the condominium declaratiOll (other tban plats and plans), the bylaws, and the
545 rules and regulations of the association. '
546 0 APPLICABLE: PLANNED COMMUNII'Y (HOMEOWNER ASSOCIATION). Buyer acknowledges that the Property is
547 part ofa planned community as defined by the Unifunn Planned CommWlity Act. (See Definition of Planned Community
548 Notice). ~5407(a) of the Act requires Seller to furnis!t_Buyer with aoopy oftbe Declaration (other than plats and plans), the
549 bylaws, the rules and regulations of the association, and a Certificate containing the provisions set forth in ~5407(a) of the
550 Act.
551 THE FOLLOWING APPLIES TO PROPERTIES THAT ARE PART OF A CONDOMINIUM OR A PLANNED
552 COMMUNITY.
553 (A) Within 15 DAYS of the execution oftbis Agreement, Seller will submit a request 10 the association for a Certificate
554 of Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the association is
555 required to provide these documents within 10 days of Seller's request.
556 (B) Seller will pranptly deliver to Buyer all documents received from the association. Under the Act, Seller is nct liable to
557 Buyer for the tailure or delay of the association to provide the Certificate in a timely manner, nor is Seller liable to Bu"yer
558 for any erroneous information provided by the association and included in the Certificate.
559 (C) Buyer may declare this Agreement VOID at any lime before Buyer's receipt of the association documents and for 5 days
560 thereafter, OR until settlement, whichever occurs first. Buyer's notice declaring this Agreement void must be in writing;
56] thereafter aU deposit monies will be returned to Buyer.
562 (D) In the event the association bas the right to buy the Property (right offD'st refusal), and the association exercises that right,
563 Sellerwill reimburse Buyer for all monies paid by Buyer 00 aCCOUnt of purchase price and fur any costs incurred by Buyer
564 for: '{1J "Titresearch, title insurance and/or meChanics-lien inslirilOce, <r fi:e fer Cancellation of same, if any:(2)Flood
565 insurance and/a fire 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 matgage lender, ifany.
56723. MAlNTENANCE & RISK OF LOSS (1-ll2)
REPARED BY AGENT: Nelson Allen. Owner
1S~2K ~ Slaixfard Aoreement For The Sale Of Real Estate. 01102, Pennsylvania Assoc:iatJal d RCAL TORSe
.OPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSGP 2002
!ealFA$TQD Software, C2003, Version 6.12. Software Regisl.8red 10: Nelson Allen. Realty Wafd Broker Network
,uyer{s) Initials _ 0212810312:59:29
P.llgeH.~~
Sener(s} Initials r..bd..
.'
568- (A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present
569 condition, nonnal wear and tear excepted.
570 (B) In the event any system oc appliance included in the sale of the Property fuils and Seller does not repair orreplace the item,
571 Seller will promptly notify Buyer in writing of Seller's choice to:
572 I. Repair oc replace the fililed system oc appliance befoce settlement or credit Buyer at settlemen t foc the filir market value
573 of the failed system oc appliance (this option must be acceptable to the mortgage lender, ifany). In each case, Buyer
574 accepts the Property and agrees to the RELEASE set furth in paragraph 25 of this Agreement, OR
575 2. Not repair or replace the fililed system or appliance, and not credit Buyer at settlement for the fair market w.llle of the
576 failed system or appliance, If Seller does not repair, replace or offer a credit for the failed system or appliance,
577 01' if Seller 13i1s to notify Buyer of Seller'. choice, Buyer will notily Seller in writing within
578 5 DAYS or befure settlement, whichever is sooner, that Buyer will:
579 a. Accept the Property and agree to the RELEASE sctforth in paragraph 25 of this Agreement, OR
580 b, Terminate this Agreement, in v.hich case all deposit monies paid 00 account ofpurcbase price will be returned
581 promptly to Buyer and this Agreement will be VOID.
582 (C) Seller will bear risk of loss fr<m 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 prior to settlement, 'Buyer will bave the option
584 of rescinding this Agreement and promptly receiving all monies paid on account of purchase price or of accepting the
585 Property in its then condition together with the proceeds ,of any insurance recovery obtainable by Seller. Buyer is hereby
586 naified that Buyer may insure Buyer's equitable interest in'this Property as of the time of execution of this Agreement
58724, WAIVER OF CONTINGENCIES (1-02)
588 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to e",rcise any of
589 Buyer's optiOlls within tbe time limits set furtb ia tbis Agreement will coastitulo a WAIVER of that contiagency aad
590 Buyer accepts the Property aad agrees to tbe RELEASE set furtb ia paragrapb 25 of this Agreement.
59125. RELEASE (loG2)
592 Buyer bereby releases, quit claims aad forever discharges SEILER, AIL BROKERS, Ibeir LICENSEES, EMPLOYEES,
593 and any OFFICER or PARTNER of any OIle or tbem and any olber PERSON, FIRM, or CORPORATION who may be
594 liable by or tbrough tbem, from aay aad all clailas, losses or demaads, including, but not Iimil<:d to, penonal injuries aad
595 property damage and all of the coasequeaces tbereor, whetber now knowa or aot, which may arise from the presence of
596 termites or other wood-boring iasec:fs, radon, lead-based paiDt hazards, enviroDmental hazards, any defects ia the
597 individual (Xl-lot sewage disp>S31 system or deficiencies in the on--site water service system, or any defects 01" c:oo.ditiODS
598 on the Property. Should Seller he in default under Ibe terms of this Agreemeat, tbis release does not deprive Buyer of
599 auy rigbts to punae aay remedie. that may be available ander law or equity. This release will survive settlement
60026. REPRESENTATIONS (1-02)
601 (A) Buyer understands that any representations, claims, advertising, pranotional activities, brochures or plans of any kind made
602 by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly
603 incorporated or stated in this Agreement. It is further understood that this Agreement contains the whole agreement
604 between Seller and Buyer and there are no other terms, obligations, covenants, representatioo.s. statements or conditions,
605 oral or otherwise of any kind wbatsoever concerning this sale, Furthennore, this Agreement will not be altered, amended,
606 changed, or malified except in writing executed by the parties.
607 (B) It is understood tbat Buyer bas iaspected the Property before signing this Agreemeat (iacluding fixtures and aay
608 persroal property specifically scheduled berein), or bas waived the right to do so, and has agreed to pnn:base lbe
609' ~ -~.-'-' Property in its preseat coaditioa anless otherwise stated in this Agreement. Buyer acknowledges that Brokers, tbeir
610 liceasees, employees, oflicers or partners bave Dot made an independent eu.minatioD or detennioatiOll of the
6 I I structural soundaess of the Property, the age or eoodition oftbe compOllents, envirnameDt21 cooditions, the permitted
612 uses, or of conditioas ellistiDg la the locale wbere the Property is sitll2ted; aur have they made a mecbanical
613 iaspection ohny of tbe systems coataiaed tberein.
614 (C) Any repairs required by this Agreement will be completed in a workmanlike manner.
615 (D) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement.
616 (E) The headings. captions, and line numbers in this Agrecment are meant only to make it easier to trod the paragraphs.
61727. DEFAULT (1-02)
618 (A) Seller has the option of retaining all sums paid by Buyer, including the deposil monies, should Buyer:
619 1. Fail to make any additional payments as specified in paragraph 3; OR
620 2. Fwnish fulse or incomplete information to Seller, Broker(s), or the mortgage lender, ifany, concerning Bul"T's legal or
62] financial status, or fail to cooperate in the processing of the mortgage loan applicatioo, which acts woold result in the
622 fuiltae to obtain the approw.1 of. mortgage loan commitment; OR
623 3. Violate or nul to fulfill and perform any aherteno. or conditions of this Agreement.
624 (B) Ualess otherwise checked la paragraph 27 (el. Seller may elect to retain those swns paid by Il~yer, inciu<J,ing deposit
625 monjes~ in one of the following manners:
626 1. On account ofpurchase price, OR
627 2. As monies to be applied to Seller's damages, OR
PREPARED BY AGENT: Nelson Allen, Owner
AJS-2K ~ Standard Agreement Fa The Sale or R~ Estate, 01102. Pennsyhlania Association of REAL TORSe
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSGD 2002
ReaIFA$TfD Software, C2003. Version 6.12. Software Registered to: Nelson Allen. Realty WO\1d Broker Netwcn:
Buyerts) Initials _ 0212810312:59:29
Page 11 of 2C
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;28 3. As liquidated damage. for such breach.
;29 (C) 0 Seller is limited to retaining sums paid by Buyer, including deposit mooies, as liquidated damages.
530 (0) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to paragraph 27 (B) or
531 (C), Buyer and Seller will be released &om further liability or obligation and this Agreement will be VOID.
532 28. MEDIATION (7-96)
533 DlNOT AVAILABLE
534 f1 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that
635 there will be no obligation on 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 Sellers/Hane Buyers Dispute Resolution System. Any
639 agreement reached throogh a mediation C<XIference 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 of the Home
641 SellersIHome Buyers Dispute ~solution System. (See Mediation Notice.)
642 (C) This agreement to mediate disputes arising from this Agreement will survive settlement.
643 29, SPECIAL CLAUSES (1-02)
644 (A) The followiag are part of this Agreement if checked: . ,
645 OSal. & Settlemeat of Other Property 0 Settlement of Other Property Contingency Addendum (PARFonn SOP)
646 Contingency Addendum (PARF<rn1 SSP) DTenant-Occupied Pr'l'erty Addendum (pAR Form TOP)
647 0 Sale & Settlement of Other Property 0
648 Contingency with Right to Continue 0
649 Marketing Addendum (PAR Form SSP-CM) 0
650 (8)
651
652
653 Buyer and Seller acknowledge recelviag a copy of this Agreement at tbe time of ,,;gaing,
654
655 NOTICE TO PARTIES: WHEN SIGNED, mIS AGREEMENT IS A BINDING CONTRACT, Return hy facsimile
656 traasmission (FAX) of this Agreement, and all addenda, bearing the signatures of all parties, coastitutes acceptance of Ibis
657 Agreement. Parties to tbls Iransadion are advised to .mlsult an attorney before signing if they desire legal advice.
658
659 0 Buyer bas received the Consumer Notice as adopted by tbe State Real Estate Commission at 49 Pa. Code ~ 35.336.
6600 Buyer bas received a statement of Buyer's estimalEd closing costs before signing this Agreement.
6610 Buyer bas read and understands the notices and explanatory informatioo set furth in this Agreement.
6620 Buyer bas received a Seller's PJOperty Disclosure Statement before signing this Agreement, if required by law (see
663 Information Regarding the Real Estate Seller DiscllBure Law).
6640 Buyer bas received tbe Deposit Moaey Notice (for cooperative sales when Broker for SeUer is bolding deposit mOlley)
665 before signing this Agreement.
666 B~~S.~Il.Il'lG ADDRESS: 5R' oN '} rl. So-\.. ke.",~1~Pu ~"'- \7 Oll 1
667 -.
668 BUYER'S CONTACT NUMBER(S): "ill 7(Pj''1l/I!>
WITNESS
BOYER
DATE
669
670 Seller hereby approves the above cmtract this (date)
671 In consideration of the services rendered in procuring the Buyer, Seller agrees to pay the named Broker for Seller a fee of
ofkran the herein specified sale price. In the event the Buyer defaults hereunder, any monies paid on account
will be divided , Seller, , Broker for Seller, but in no event will the sum paid to the
Broker fur Seller exceed the above specified Broker's fee.
672
6730 Seller has received tbe Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code fi 35.336.
(Yj O/C.. v-..... I.
'L 003
~REPARED BY AGENT; Nelson Allen, Owner
VS.2K - Standard Agreement For The Sale Of Real Estate, 01102. Penlllylvanla Asriodatlon or REA!. TOROO
;OPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSO> 2002
~eaIFA$T<<D Software, Cl2003. Version 6.12. Software Registered 10: Nelsan AlIEn, Real\, Wood Broker Network
0212810312:59:29
P'9' 1 j(1J 20
Setler(s)lnitials AJ
--- --I'
......- ... . ----
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740 Seller bas reeeived a sl:llement or Seller's ..timated closing costs bem... signing this Agreement
75 0 Seller has read and understands the DOti... and explanatory information sel fOrtb in tbis Agreement
76 SELLER'S MAILING ADDRESS: D Loa. ~ ~ L e..e.J, i'kWr, , - ~I (} ~
77 ID't05 ll_f' , ::>,("'-- ~ctJ\ ,_
78 SELLER'S CONTACT NUMBER(S):
79 .v '7n 1'74--0'5&0
'ITNESS
SELLER(!)
~/1w ~Yl-tJ~-tvj
DATE
f11Q\ c.i'\ " t.-ob3
,80 Broken'lLi<en....' CertificatiollS (ebeck all that are applicable):
581 0 Regarding Lead-Based Paint Hazards Discl...ure: Required ifPt-llperty was buill before 1978: The undersigned Liccnsees
582 involved in this transactim, on behalf of themselves and their ~okers, certifY that their slatemenls are true to the besl of their
583 knowledge and belie( - '
584 Acknowledl:Dlent: The Licensees involved in this transaction have informed Seller ofSellcr's obligations under The Residential
685 Lead-Based Paint Hazard Reduction Act, 42 U.S.C. ~ 4852(d), and are a""reortheir responsibility 10 ensure compliancc.
686
6870
688
689
690
691 0 Regardiog Mediation: The undersigned 0 Broker 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 ACCEPTED BY
696
697 BROKER FOR BUYER (Company Name)
698 ACCEPTED BY
Regarding FHA Mortgag..: The undersigned Licensees involved in this transactim, on behalf of themselves and their
brokers, certifY that the terms of this contract fur purchase are true to the best of their knowledge and belief; and that any other
agreement entered into by any of these parties in connectim with this transactim is attached to this Agreement.
DATE
DATE
_.._-----,---'-"',.,.,.._-
PREPARED BY AGENT: Nelson Allen, OWner
.AJ$.2K - Standard Agreement Fat'The Sale Of Real Estate. 01102. Penns)'tvanla Associatlbn of REALTORS!!)
COPYRIGHT PENNSYLVANIA ASSOCIATlON OF REALTORSQI 2002
RealFASTI> Software. 02003, Version 6.12. Software Registered to: NelSCln Allen, Realty World Broker Netwonc
Buyer(s) Initials _ 02/28103 12:59:29
Pas. 13 of 20
EXHIBIT B
-'SELLER'SUPROPERTY DISCLOSURE STATEMENT
'- ...L -tJ ( I I rl P
1 ~l'Illierty Address II d" .s \ Y"c: eJ e I -.) '-ll" ( :) (?,' 0-1 ~
2 2
3 Seller r J r .::, 3
4 A seller must disclose to a buyer all knowu material defects about property being sold that are uot readily observable. This disclosure 4
5 statement is designed to assist Seller in complying with disclosure requirements and to assist Buyer iu evaluating the property being 5
6 considered. 6
7 This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for 7
8 any inspections or warranties that Buyer may wish to ohtain. This Statement is not a warranty of any kind by Seller or a warranty or a
9 representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns 9
o about the conditions of the property that may not be included in this Statement. This Statement does not relieve Seller of the obligation 10
1 to disclose a material defect that may not be addressed on this fonn. 11
2 A material defect is a problem with the property or any portion of it that would have a significant adverse impact on the value of the 12
3 residential real property or that involves an unreasonable risk to people on the land. "
.-- - --"-~-----_____u ____,_
SPD
'0
5 I. SELLER'S EXPERTISE Seller does not posiess expertise in contracti~g, engineqing, architecture, Or other areas related to the '5
5 construction and conditions of the property and its improvements, except as follows: .
7 2. OCCUPANCY .
8 (a) Do you, Seller, currently occupy this property? 0 Yes ~
9 If "no," when did you last occupy the property? A \.I q .J 001
(b) Have there been any pets living in the house or 0 er structures during your ownership? r;ryes 0 No
If "yes," describe: \ d ~ .;l. C-
"
'5
17
~ 1
18
IS
'2
20
:~
'3 3. ROOF
(a) Date roof installed: Documented? 0 Yes 0 No rn---Unknown
(b) Has the roof been replaced or repaired during your ownership? 0 Yes G1<fo
(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 8.-NO
(e) Do you know of any problems with the roof, gutters or downspouts? 0 Yes r::nq;;
Explain any "yes" answers that you give in this section:
21
22
23
5
:7
7~
:3
:9
"'
w
:t 4. BASEMENTS AND CRAWL SPACES (Complete only if aj!Plicable)
)2 (a) Does the property have a sump pump? 0 Yes G-1i/o 0 Unknown
:J (b) Are you aware of any water Ie, akage, accumulation; or dampness within the basement or crawl sface~_, ~s 0 No
" If "yes," describe in detail: L) if r L.- ,-' h..:;, + COI.l <1 II (01 h r 11 d _, ,- ( :;, r-_.. 0' d "0 I?
;5
,.~
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,-
'5 (c) Do you know of any repairs Or other attempts to control any Water Or dampness problem in the basement Or crawl space?
07 Q.->ft;S 0 No ;-
:3 If "yes," describe th locition, extent, date, nd )lame of the person who did the repair or control effon:
:g r.,,\ Lt ;~. \ \ .\ \ e ,I
.0 5. TERMITESIWOOD-DESTRQ.YING INSECTS, ,DRYROT, PESTS .
., (a)' Are you aware of any tennites/wood-destroying insects, dfyrol. or pests affectin'g the property? 0 Yes
:, (b) Are you aware of any damage to the property caused by temites/wOOd-destroying insects, dryrot, or pests?
" (c) Is your property currently under contract by a licensed pest control company? 0 Yes' GJ-NO
" (d) Are you aWare of any tennite/pest control reports or treatments for the property in the last five years? crYes 0 No
: ~,~, ~;f_~f 0'::i~ (\~ i~:"; t;tio~'":~i,,;! .'::;"" Of'?!3'j~~~~1'.'t~~ K:?:'~t". _ :.
'7 6. STRUCTURAL ITEMS
" (a) Are you aware of any past or present water leakage in the hGuse or other structui'es? c:rYes 0 No
:L__ (b) AreyolHlWilre-<Jf-any-past Ofl'resent-movenrem;-shifting;ltetenoratiOo;orolfierProble'mswiih wall';founctations, or othe;: struc- ,_
00 turaJ' components? 0 Yes E't"No
" (c) Are you awary-of any past or present problems with driveways, watkways, patios, or retaining walls on tho property?
'1 0 Yes rrNo
03 (d) Is your property constructed with an Exterior ID3'Jlating Finishing System (EIFS), such as drivit Or 'yr.th"tic 'stucco?
oj 0 Yes 0 No n-tfnknown , L r.,. _ j A
'5 If "yes," describe any known problems: L...)CLI-'2,' "'C\.\<:\,~ d ::, fl)r" \ "~\cln
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Page 1 of4
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rn PennSYlvania ASSOciation of
I...I::!I REALTORS"
l!:EAUOfl'I 1bo_..._~...,,-~
Seller's Initials: /4.,,_'
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS~ 1m
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{e) Are there any defects in flooring, including stains; 0 Yes El'1\Io 0 Unknown
D ,.1f "yes, U explain:
l'
Explain any "yes" answers that you give in this section. When explaining repons to control or repair, please describe the loca- _ 6;
tion and extent of the problem, and the date and person by whom the work was done, if known: . 6:
&.;
H "yes," descn1>e:
8. WATER AND SEWAGE
(a) What is the source of your drinking water? ~blic Water
o On-Site Water (Well on Property)
'6
o Community Water 0 None 0 Other (explain)
(b) If your drinking water source is not public:
When was your water last tested?
Is the pumping system in working order?
H "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-1lUblic 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 AvailablelPermit Limitations in Effect
If Individual On-lot, 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 MetaYsteel 0 Cement/concrete 0 Fiberglass 0 Unknown
o Other (specify):
Other type of sewage system (explain):
What was the result of the test?
DYes 0 No
0,
7
'8
'g
o Wall
f 1._'0'(:
o None
(c) Type of heating: [r]fz'ectric 0 Fuel Oil
Are there wood or coal bUming stoves? 0 Yes
Are there any fireplaces? 0 Yes G-NO
Other types of heating systems (explain):
trilatural Gas 0 Propane (On-site)
O-NO If "yes," how many? ~ Are they working?
If "yes," how many? _ Are they working? 0 Yes
DYes
o No
1[;.
1 ~,
o No",
If "yes," how many? _
Are they working?
DYes
o No
12 (e)
13
14 (I)
1S (g)
16
17
18 (h)
19
20
-
Type of water heating: 0 Electric OOss 0 Solar
Are you aware of any underground fuel tanks on the property?
If""yes." describe:
If tanks are not owned, explain:
Are you aware of any problems with any item in this section?
If "yes," explain:
o Other:
DYes
Elrfu
DYes
dNo-
Page 2 of 4
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Seller's Initials: U.....
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-li-,-ELEcrroCAL SYSTE~i Are yo,\ ~w:rre of i'I\Y pro,blems or repairs needed 'n the electrical system? crYes 0 No 121
If '~," explain:. 'Sl0 \ \- CI'" l. U ,I h...\: 1 I ,'\ C\ "~C ,,- 122
n OtHER EQUIPMENT AND APPLIANCES INCLUDED IN SALE (Complete only if applicable) 123
,,. Equipment and appliances ultimately included in the sale will be detennined by negotiation and according to the tenns of the 124
Agreement of Sale, 125
(a) 0 Electric Garage Door Opener No. of Transmitters - 125
(b) 0 Smoke Detectors How many? _ Location 121
(c) 0 Security Alarm System 0 Owned 0 Leased 0 Lease Infonnation 128
(d) 0 Lawn Sprinlder No. _ 0 Automatic TlIller 129
(e) 0 Swimming Pool 0 Pool Heater 0 SpaIHot Tub 130
Pool/Spa Equipment (list): 131
(I) rn-R.,frigerator 0 Range 0 Microwave Oven 0 Disbwasher 0 Trash Compactor m.-eran,age Disposal 132
(g) 0 Washer 0 Dryer 133.
(h) 0 Intercom L 0 134
(i) ~ng fans No. --k Location "-. J<tI C/v (, D f?. ~ 6 R- 135
0) 0 Other: 135
Are any items in this section in need of repair or replacement? 0 Yes 0 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 cri/o 140
(b) Are you aware of any sliding, settling, "}I1h movement, upheaval, subsidence, or eanh stability problems that have occurred on 141
or affect the property? 0 Yes [9"No U2
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: Department of Environmental Protection~ Mine Subsi- ,.l.l
dence Insurance Fund, 3913 Washington Road, McMurray, PA 15317 (800) 922-1678 (within Pennsylvania) or (724) 941-7100 14S
(outside Pennsylvania). ",
(c) Are you aWare of any existing or proposed mining, strip-mining, or any other excavations that might affect this property? '"
DYes t:r"No ,,,
(d) To your knowledge, is this propeny, or pan of it, located in a flood ZOne or wetlands area? 0 Yes [('No 149
(e) Do you know of any past or present drainage or flooding problems affecting the property? ...0 Yes Ct1\10 lOG
(I) Do you know of any encroachments, boundary line disputes, or easements? 0 Yes if No 1S'
Note to Buyer: Most propenies have easements running across them for utiliry services and other reasons. In 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 1~3
determine the exisrence of easements and restrictions by examining the property and ordering an Abstract of TItle or searching ,,,
the records in the Office of the Recorder of Deeds for the counry before entering into an Agreement of Sale. '0;
(g) Are you aW~of any shared or common areas (e.g., driveways, bridges, docks, walls, etc.) or maintenance agreements? '"
DYes rr No '0;
Explain any "yes" answers that you give in this section: '"
I
J 14. HAZARDOUS SUBSTANCES
-'=3
(a)
(b)
(c)
Are you aware of any underground tanks (other than ruel tanks) or hazardous substances present on the propeny (Structure or soil) '61
such as, b!-'t"JlOt limited t?, asbestos, Polychlorinated biphenyls (PCBs), UreaJormaldehyde Foam Insulation (UFFI), etc.? ',a~
DYes LrNo . ",'" \' '53
To your knowledge, has the propeny been tested for any hazardous substances? 0 Yes ~ os'
Do you know of any other environmental concerns that inight impact upon the propeny? 0 Yes CrNo '0;
Explain any "yes" answers that you give in this section: ,,,
150
(d) Do you know of any tests for radon gas that have been performed in any buildings on the propeny? 0 Yes No
If "yes," list date, type, and results of all tests below:
DATE TYPE OF TEST REsULTS (picocurieslliter or work.icg levels) NAME OF TESTING SERVICE
is'?
lEa
153
,,~
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(e) Are you aware of any radon removal system on the prope.ny? 0 Yes DNo
If "yes," list date installed and type of system, ilno wheth~r it is iu work.ing order below:
DATE INSTALLED TYPE OF SYSTEM PROVIDER
17':
17~
1,::
WORKING ORDER
DYes 0 No
DYes 0 No
DYes 0 No
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17l
17:
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Seller's Initials: I!.UJ
He
12;
Page 3 of 4 '
122
(f) If property was constructed, or if constructio~ began. before 1978, you must disclose any knowledge of lea<i-b').Sed paint on the 1,2
c'i>roperty, Are')'ou aware ,of any lead-based pamt or lead-based pamt hazards on the property? 0 Yes ~o m
If "yes," explain how you know of it, where it is, and the condition of those lead-based paint surfaces: 'as
. m
(g) If property was constructed, or if construction began, before 1978, you must disclose any reports or records of lead-based paintla.
or lead-based paint hazards on the property. ~ you aware of any reports or records regarding lead-based paint or lead-based laa
paint hazards on the property? 0 Yes WNo 'B9
If "yes," list all available reports and records: '90
15. CONDOMINIUMS AND OTHER HOMEOWNER ASSOCIATIONS (Complete only if applicable)
Type: 0 Condominium 0 Cooperative 0 Homeowner Association or Planned Community
:9
:B
i'
:2
2:::
EXECUTOR, ADMINISTRATOR, TRUSTEE SIGNATURE BLOCK
According to the provisions of the "Real Estate Seller Disclosure Act," the undersigned executor. administrator or trustee is nOI required to fill oul a Seller's Propeny
Disclosure Statement. The executor, administrator or trustee, must., however, diselo3e any known material deb:t(s) of the property.
-- - -t --DATE-
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-', RECEIPTANDAGKNOWLEDGEMENT BY BUYER
The undersig~rd Buyer acknowledges receipt of this/DiRI~~tem9L, Buyer ui<noW'ledges that this Statement is not a warr~u'!ty and that, ur.~ess
stated otherwis~ in the sales contract, Buyer is purchfising:~pr6pertfi~ its: preent i:onditiou. It is Buyer's respofbib\Iity to satbCy himselr o~ h~rselt 2$
to the condition OC the property. Buy~r may req~est tha,!!~ property be inspected, at buyer's expense and by qualified proCessionals, to detennine the con-
dition or the Structure or its components. '
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WITNESS '
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VERIFICATION
I, Eugene F. Eagle, Jr., hereby verify that 1 have read the foregoing
Amended Complaint and that the information contained therein is true and
correct to the best of my knowledge, information and belief. I understand that
false statements herein are subject to the penalties of 18 Pa.C.S. S 4904 relating
to unsworn falsification to authorities.
/~;J2
Eugene F. E!'1Qle, Jr.
DATE: ~/1...5) () L..J
I I '
,.
CERTIFICATE OF SERVICE
AND NOW, this 25th day of March, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Amended Complaint by mailing a
true and correct copy via United States first class mail, addressed as follows:
David J. Lanza, Esquire
2157 Market Street
Camp hill, PA 17011
LAW OFFICES OF MARK K. EMERY
By: ~ <? ~-
Mark K. Emery -
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
aJMBERLAND COUN1Y, PENNSYLVANIA
NO. 04-178
Eugene Eagle,
v,
avIL ACTION - LAW
Theodore Nutaitis and Kristi Dodge,
Defendants
v,
Barbara Wirth and ERA/NRT, rnc"
Additional Defendants
~o .J'OIt'\ ft..ctd.lM ~ cO de~Qk;<.u-
DD.6I=,.,TDI= Tn TCClII= .a wan.at!!'~. ._MinNIIii:.
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TO THE PROTHONOTARY:
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Please issue a writ gf 611... . .ens upon Barbara Wirth and ERA NRT, Inc" at 3915 Market Street, Camp Hill,
Cumberland County, Pennsylvania.
~~~dK
Kristi IDodge
Ted Nutaitis
Defendants
Jj
r~DTr~rAn:"1: ~DlI:rcE
AND NO~ this 25th day of May, 2004, the undersigned< does hl!reby certify that he did this date serve a copy of
\-e~O\" r-><id..L1n tA..AL C::;leRr.o.~ to
the foregoing PRAEOPE TO ISSUE WRIT or -, '1 1I1~14S upon the other parties of recora Dy causing same to be deposited
in the United States Mail, first dass postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Mark Emery
410 North Second Street
Harrisburg, PA 17101
fSu.sL 'Ood Yr<
Kristi Dodge "
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Cumberland County, ss:
The Commonwealth of Pennsylvania to
3915 Market Street, Camp Hill PA 17011
Barbara I'l'irth and ERA NRT, Inc. ,
(Name of AddiltionaI Defendant)
You are notified that
Theodore Nutaitis and Kristi Dodge
(Name (s) of Defendant (sJ )
}lf~(have) joined you as an additional defendant in this action, which you are re-
quired to defend.
Date May 25, 2004
CURTIS R. LONG
otary
(SEAL)
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David J. Lanza
I.D.No.55782
2157 Market St.
Camp Hill, Pennsylvania 17011
(717) 730-3775
Attorney for Defendants
EUGENE EAGLE, Jr.
IN THE COURT OF COMMON PLEAS OF
CUMBERLd.ND COUNTY,
PENNSYLVANIA
Plaintiff
NO. 04-178
v.
CIVIL ACTION - Ld.W
THEODORE NUTAITIS AND KRISTI
DODGE,
Defendants
ANSWER OF DEFENDANTS THEODORE NUTAIT/S AND
KRISTI DODGE TO COMPLAINT
1. Denied as beyond Defendants' knowledge.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied as a conclusion of law. Defendants would be required to disclose those
items of which they had knowledge.
7. Denied. Defendants disclosed all defects or I,eaks of which they had knowledge.
B. Denied. Defendants disclosed all defects or leaks of which they had knowledge.
9. Denied.
is demanded at trial.
Defendants have no knowledge of this averment and strict proof thereof
10. Denied. Defendants have no knowledge of this averment and strict proof thereof
is demanded at trial. By way of further denial, Plaintiff engaged a home inspector to examine the
real estate prior to settlement, in addition to the disclosures made by Defendants. By way of further
denial, a Veterans Administration inspector examined the real estate prior to settlement.
11. Admitted.
12. Denied. Defendants' tenants damaged the pn3mises, breached the lease and had to
be evicted so that Plaintiff could take possession in a timely fashion. Litigation remains ongoing
between Defendants and the former tenants, by which litigation Defendants seek to recover certain
amounts from the former tenants.
13. Denied. It is denied that the rental manager advised Defendants of water damage as
alleged by Plaintiff.
14. Denied. It is denied that physical evidence existed that would have placed
Defendant on notice of greater water issues than Defendants disclosed. This claim is contradicted
by the failure of either (1) Plaintiff's inspector or (2) the VA inspector to find such evidence.
15. Denied. It is denied that Defendants had knowledge of greater water issues than
Defendants disclosed. By way of further denial, Plaintiff enjoyed full opportunity to inspect the
premises. Plaintiff engaged a property inspector to search for the very type of defects of which
Plaintiff now complains.
16. Denied.
Defendants disclosed.
It is denied that Defendants had knowledge of greater water issues than
By way of further denial, Plaintiff enjoyed full opportunity to inspect the
premises. Plaintiff engaged a property inspector to search for the very type of defects of which
Plaintiff now complains.
17. Denied. Defendants deny the existence of a material defect. Defendants deny the
need for substantial remediation.
18. Denied. Defendants deny the need for remediation.
19. Denied. Defendants deny the existence of watE~r in the basement to the extent Plaintiff
claims. By way of further denial, Defendants deny the diminution of the value of the home.
COUNT I
20. Denied. Defendants incorporate the denials of paragraphs 1 through 19.
21. Denied. Defendants made no misrepresientations. Defendants possessed no
information that they failed to disclose.
22. Denied. Defendants could not have known of the existence of alleged defects where
the Plaintiffs inspector failed to find such defects.
23. Denied. Defendants made no misrepresentations. Plaintiff relied upon the report of his
home inspector.
24. Denied. Defendants made no misrepresentations. Plaintiff relied upon the report of his
home inspector.
WHEREFORE, Defendant requests that this Court dismiss Plaintiffs Complaint.
25. Denied. Defendants incorporate the denials of paragraphs 1 through 24.
26. Denied. Defendants made no misrepresentations. Defendants possessed no
information that they failed to disclose.
27. Denied. Defendants did not know, and could not have known, of the existence of
alleged defects, especially where the Plaintiff's inspector failed to find such defects.
28. Denied. Defendants made no misrepresentations. Defendants possessed no
information that they failed to disclose. Plaintiff purchased the home in reliance on the report of his
home inspector.
29. Denied. Defendants made no misrepresentations. Defendants possessed no
information that they failed to disclose. Plaintiff purchased the home in reliance on the report of his
home inspector.
30. Denied. Defendants made no misrepresentatioml. Plaintiff relied upon the report of his
home inspector.
WHEREFORE, Defendant requests that this Court dismiss Plaintiff's Complaint.
31. Denied. Defendants incorporate the denials of paragraphs 1 through 30.
32. Denied. Defendants made no misrepresentations. Plaintiff relied upon the report of his
home inspector.
WHEREFORE, Defendant requests that this Court dismiss Plaintiff's Complaint.
NEW MA ITER
33. Defendants incorporate the denials of paragraphs 1 through 32.
34. Plaintiffs Complaint is barred by the doctrine of laches.
35. Plaintiffs Complaint is barred by the doctrine of merger.
36. Plaintiffs Complaint is barred by the doctrine of contributory negligence.
37. Plaintiff engaged a home inspector to inspect and evaluate the home.
38. To the extent that defects existed, Plaintiff has suffered harm therefrom only as a result
of the negligence of Plaintiffs agent, the home inspector, in failing to discover said defects.
39. As absentee property owners, Defendants could have possessed no greater knowledge
of any alleged defects than a trained inspector, such as the one hired by Plaintiff.
40. Plaintiffs claim is barred by the pendency of the action captioned at 03-6631.
41. Plaintiff fails to state a claim upon which relief can be granted.
Respectfully submitted,
By:
lid
IDavid J. tanza
Attorney 1.0. No. 55782
:2157 Market Street
Camp Hill, PA 17011
Telephone (717) 730-3775
,
VERIFICA TlON
!I:'-
I, Kristi Dodge, verify that the statements made in this Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements made herein are
made subject to the penalties of 18 Pac C.S.A ~4904, relating to unsworn falsification to authorities.
-~'
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Date:
I) 1\.'tlo'1
By:
Kri~: )M~0
CERTlFICA TE OF SERV'CE
AND NOW, this 11 {'\day of May, 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 Stre,et
Harrisburg, PA 171011
bA
David J. Lanza
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00178 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EAGLE EUGENE
VS
NUTAITIS THEODORE ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO ADD'L DEFEN.
was served upon
WIRTH BARBARA
the
ADD'L DEFENDANT, at 1635:00 HOURS, on the 26th day of May
, 2004
at 3915 MARKET STREET
CAMP HILL, PA 17011
by handing to
DIANE WEISS, RECEPTIONIST
a true and attested copy of WRIT TO ADD'L DEFEN.
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.35
.00
10.00
.00
38.35
r'~~
R. Thomas Kline
OS/27/2004
KRISTI L DODGE
Sworn and Subscribed to before
By:
De~iff
me this ;..1- day of
C~ ;200'1 A.D.
(1._ Q ~ dd:'
~onotary '-"
,
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00178 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EAGLE EUGENE
VS
NUTAITIS THEODORE ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within WRIT TO ADD'L DEFEN,
was served upon
ERA/NRT INC
the
ADD'L DEFENDANT, at 1635:00 HOURS, on the 26th day of May
, 2004
at 3915 MARKET STREET
CAMP HILL, PA 17011
by handing to
DIANE WEISS, RECEPTIONIST,
ADULT IN CHARGE
a true and attested copy of WRIT TO ADD'L DEFEN.
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
,00
10.00
.00
16.00
So Answers:
~~~~
R. Thomas Kline
Sworn and Subscribed to before
OS/27/2004
KRISTI L DODGE
By: t~1u
me this /-<1-1-
day of
Deputy Sheriff
C).I.. IJJ... ot. {)(Ji( A , D .
CJ"h {} Yn.,;f~"A~Ar
1>-;To'thonotary ',1
SAUL EWINGLLP
Paige Macdonald-Mattbes, Esquire
Pa, Atty I,D, No, 66266
Penn National Insurance Plaza
2 Nortb Second Street, 7'h Floor
Harrisburg, PA 17101
(717YZ38:'7675
ATTORNEYS FOR DEFENDANTS,
Barbara Wirtb and NRT, Inc,
---------------------------------------------------------------------------....------------------------------------------------
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EUGENE EAGLE,
v.
THEODORE NUTAITIS and
KRlSTI DODGE,
CASE NO. 04-178
Civil Action - Law
Defendants,
And
BARBARA WIRTH and
NRT, INC.,
Additional Defendants
---------------------------------------------------------------------------------------------------------------------
PRAECIPE FOR ISSUANCE OF RULE TO PLAINTIFF TO FILE COMPLAINT
PURSUANT TO PA. RC.P. 10:ma)
TO THE CUMBERLAND COUNTY PROTHONOTARY:
On behalf of Additional Defendants, Barbara Wirth and NRT, Inc. kindly issue
and serve a Rule to Defendant, Kristi Dodge to file a Complaint within twenty (20) days of
service of the Rule, in accordance with Pa, RC.P I037(a).
Respectfully submitted,
\~c..,o, \~ \ "" ^~n. O~ -"'\!\.JVlL'f::ti.v.-:,
Paige M~c:donald-Matthes, Esquire
Atty J.D. No. 66266
SAUL EWING LLP
Penn National Insurance Plaza
2 North St:cond Street, 7th Floor
Harrisburg, P A 17101
(717) 238..7675
Attorneysfor Defendants,
Barbara Wirth and NRT, Inc.
Dated: June 30, 2004
July 1. 2004. Hule to File Canplaint Issued.
106452,16130/04
a_t/~) )
Curtis R. Long.
~
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2004, I served :a true and correct copy of the
foregoing Praecipe for Rule To File Complaint via First Class U,S. Mail, addressed as follows:
Mark Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
Attorney for Plaintiff, Eugene Eagle
Kristi Dodge
520 Walton Street
Lemoyne, P A 17043
Pro Se
David J. Lanza, Esquire
301 MlI1ket Stfll~ .;;J/5 7 mCtrket .street
Lemej'Fl8,P.^.17g~3 (,o.mp 1-/,/11 PA 170/1
Counsel for Defendant, Theodore Nutaitis
S-~..p (J..\..MU-.-J~ ~/)
Paige Macdonald-Matthes .
Dated: June 30, 2004
]06452,16130/04
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105 North Front Street
Suite 205
Harrisburg, PA 17101
(717) 233-5051
EUGENE EAGLE, JR.
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: Case No. 04-178
: Civil Action - Law
THEODORE NUT AITIS and KRISTI
DODGE
Defendants
v.
BARBARA WIRTIl and NRT, INC.,
Additional Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above action as filed by Defendants, Theodore Nutaitis and Kristi
Dodge, against Additional Defendants, Barbara Wirth and NRT, Inc., as DISCONTINUED
WITHOUT PREJUDICE.
Respectfully Submitted,
Robert R. Long, Jr.
105 North Front Street
Suite 205
Harrisburg, P A 1710 I
(717) 233-5051
(717) 234-7517 - fax
..
Dated: August 2, 2004
Counsel for Defendants Nutaitis and Dodge
CERTIFICATE OF SERVICE
I hereby certify that on this 2ad day of August, 2004, a true and correct copy of the
foregoing Praecipe to Discontinue was served upon the party named below by depositing same in
the United States Mail, First Class postage prepaid, and addressed as follows:
Paige Macdonald-Matthes, Esquire
Saul Ewing LLP
Penn National Insurance Plaza
2 North Second Street, 7lh Floor
Harrisburg, PA 17101
and
Mark Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
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Paralegal
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EUGENE F, EAGLE, JR
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY
Plaimiff.
NO. 04-178
v.
CIVIL ACTION - LAW
THEODORE NUT AITIS and
KRISTI L. DODGE.
JURY TRIAL DEMANDED
Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF 8,\ 10 COURT:
Mark K. Emery. counsel for the plaintiff in the above action (or actions), respectfully
represents that:
] , The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $5.440.00 plus attorney's fees and treble
damages.
The counterclaim of the defendant in the actions is N! A
The following attorneys :.ne interested in the cast.:(s) as counselor are otherwise disqualified to sit
as arbitrators: Robert R. Lmg. Jr.. Mark K. Emery and David J, Lanza.
WHEREFORE-your petitioner prays your Honorable Court to appoint three (3)
arbitrators to wl10m the C~be shall be submitted,
Respectfully submitted.
_~~~-;7
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ORDER OF COURT
AND NOW. Oct~)ber~. 2004. in consideration of the foregoing petition,
~~~ .Esqllire._~/v~',
ESqu;{ and -M~~- /4di~ Esquire. are appointed arbitrators in
the above-captioned action (or actions) as pra~d for.
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CERTIFICATE OF SERVICE
AND NOW, this 2ih day of October, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the foregoing Petition for Appointment of
Arbitrators by mailing a true and correct copy via United States first class mail,
addressed as follows:
Rebert R. Long, Jr., Esquire
West Long. LLC
105 North F ron't Street
Suite 205
Harrisburg, PA 17101
LAW OFFICES OF MARK K. EMERY
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Eugene F. Eagle, Jr.
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~- 178
Theodore Nutatis et.al.
Defendant
Civil Action - Law.
v
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution ofthis Commonwealth and th t we will discharge the duties of our office
with fidelity. (l'
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v Signature
,
Jon F. LaFaver
Name (Chairman)
Law Firm
Law Firm
1:10 Carol St.
Address
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Address
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Signature c_
Marylou Matas
Name
Gr;A1e f~ ASSo~\o..k\,
Law Firm .
2 c(; iJ . lfr;.Y\oJ Q ,<;1 ..
Address
New Cumberland, pa
City, Zip 1/ 0/0
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Ne..wCu._I,w-lNl&Qf\-nInO (\"II:\ln Pit n(J/-"-';
City, Zip City, Zip
i/33')
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Ii /1/5'1
We find in favor of the Plaintiff and aqainst the Defendants
in the amount of Four Thousand Dollars ($4,000.00)
D~L r... -rh.e..cdn{"~ Nu..'i11. :'f/<;, aNd k'(?II~t; Of)dQ~
. Arbitrator, diss.e~. (Insert name if applicable.)
'-"..---...l -"~,,.--''-'! /
Date of Hearing: 2 7 J an . 2005;'\ ,-' d--c ~---i /L..______
Date of Award: ~ 2.c:>o r '-- ~ ~ (?airman)
/J>Li~ "l,J."
Notice of Entry of Awar
Now, the /ff day of ~.1",,, ~, ,20 05 ,at.3';{.3 , L.M., the above award was
entered upon the docket and notice thereof gJ,en by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ ,) 90. vu
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By: CJr.
rothonotary
o~
Deputy
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EUGENE F. EAGLE, JR
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY
Plaintiff,
NO. 04-178
v.
CIVll.. ACTION - LAW
THEODORE NUT AITIS and
KRISTI L. DODGE,
JUR Y TRIAL DEMANDED
Defendants
JOINT MOTION TO STRIKE ENTRY OF ARBITRATION AWARD
AND NOW COMES, the parties, Eugene F Eagle, Jr., by and through his attorney,
Mark K. Emery, Esquire, and Theodore Nutaitis and Kristi Dodge, by and through their attorney,
Robert R. Long, Jr., Esquire.
1. Plaintiff and Defendants were scheduled for an arbitration to occur on January 27, 2005,
2. Prior to such arbitration the parties reached an amicable agreement to settle and satisfy all
claims existing between them.
3. On January 25, 2005, all members of the arbitration panel were advised in writing that the
parties had reached an amicable resolution, and that the parties requested that the
arbitration be canceled.
4. No arbitration hearing was held.
5. In canceling the arbitration, the arbitrators required Plaintiff's counsel to disclose the
financial consideration of the settlement, which they adopted as an "award" for Plaintiff
against the Defendants although no arbitration hearing was held. See copy of A ward
(Exhibit "1 " hereto).
6. It was not the intention or the desire of the Plaintiff or Defendants that the settlement
1
. .
amount be entered as an award against the Defendants, and Plaintiff does not desire that
an arbitration award be entered against Defendants.
7. The Prothonotary entered the award of record upon the docket and upon the judgment
index.
8. In order to remove from the recording and indexing of the award against Defendants, the
parties jointly request the Court to strike the arbitrators entry of award entered on
February 1,2005.
WHEREFORE, Plaintiff and Defendants, respectfully request this Honorable Court to
strike the Notice of Entry of Award entered on February 1. 2005.
Respectfully submitted,
LAW OFFICES OF MARK EMERY
~~:::::~?
Attorney ill #72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
.
Robert R. Long, Jr.
Attorney ill #39302
105 North Front Street
Suite 205
Harrisburg, PA 17101
(717) 233-5051
Attorney for Defendants
2
Eugene F. Eagle, Jr.
Plaintiff
Theodore Nutatis et.al.
Defendant
In The Court of Common Pleas of Cwnberland
County, Pennsylvania NO.M-- 178
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and th we will discharge the duties of our office
.' ~th fidelity. /17\
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_i Signature
Jon F. LaFaver
Name (Chairman)
Law Firm
170 Carol "St.
Address
Law Firm
<; \'\. p'r;tD.o(' 5~
Address
'F{;zf 1~1~
Signature
Marylou Matas
Name
GrJf1e f As)o~\,,-ks
Law Firm .
Z,CO N . ~I'\OJQ I c:;f '
Address
N~c.u..""I.,.tlAII& 9Pt- nb10 0"'1 I :\10. PI<.- f7 0 '-~
City, Zip City, Zip
//33<; "/}/5'1
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Cumberland, pa
Zip170/0
New
City,
-)/:)(,.1
We find in favor of the Plaintiff and aqainst the Defendants
in the.'amount of Four Thousand Dollars ($4,000.00)
. Arbi:trator, disseu:ts. (Insert name if applicable.)
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Notice of Entry of Awar
Date of Hearing: 27 Jan. 2005
Date of Award:
~
2cor
Now, the /ff daYOCJ.,k.u~ ,2005 ,at 3';<.3 ,L.M., the above award was
entered upon the docket and notice thereof . en by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ J. 90. lcO
rothonotary
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EXHIBIT 1
o~
Deputy
CERTIFICATE OF SERVICE
I hereby certify that on this 10th day of February, 2005, a true and correct
copy of the foregoing Joint Motion to Strike Entry of Arbitration Award was served
upon the parties named below by depositing same in United States First Class Mail,
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
OillOUthd.~~
Deborah 1. Gordon,
Paralegal
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West Long LLC
105 North Front Street
Suite 205
Hatrisburg, PA 17101
(717) 233-5051
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
EUGENE EAGLE, Jr.
v,
CASE NO. 04-178
Civil Action - Law
THEODORE NUTAITIS AND KRISTI
DODGE
Defendants
SUBSTITUTION OF COUNSEL
TO THE PROTHONOTARY:
PLEASE ENTER THE APPEARANCE of Robert R. Long, Jr. as counsel for
Defendants, Theodore Nutaitis and Kirsti Dodge, in the above-referenced matter and remove
David 1. Lanza, Esquire, who withdraws as counsel.
Respectfully Submitted,
.
By:
Robert R. Long, Jr.
105 North Front Stre , Suite 205
Harrisburg, PA 17101
(717) 233-5051
jQJL<-
David J, Lanza, Esquire
2517 Market Street
CarnpHill,PA 17011
Dated: February /0,2005
CERTIFICATE OF SERVICE
I hereby certify that on this J()Tlt day of February, 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 HiD, P A 17011
Mark Emery, Esquire
410 North Second Street
Harrisburg, PA 17101
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1{""'- Troia G. Gross
Paralegal
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EUGENE FEAGLE, JR
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY
Plaintiff,
NO, 04-178
v
CIVIL ACTION - LAW
THEODORE NUTAITIS and
KRISTI L DODGE,
: JURY TRIAL DEMANDED
Defendants
ORDER
AND NOW, this t\.tl--- day of February 2005, upon consideration of the parties'
Joint Motion to Strike Entry of Arbitration Award, and there being good cause therefore, IT IS
HEREBY ORDERED TIlA T:
1, The arbitration award dated February 1, 2005 in the amount of Four Thousand Dollars
($4,000,00) entered against the Defendants in this matter is and shall be STRICKEN from the
docket and from the judgment index;
2, The Prothonotary shall strike the arbitration award from the docket and from the
judgment index,
BY TH$-CO~~ .r?
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EUGENE EAGLE, JR.,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v,
CASE NO. 04-178
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 and DISCONTINUED WITH PREJUDICE,
Respectfully Submitted,
By: ~~~-
Mark Emery, Esquire
410 North Second Street
Harrisburg,PA 17101
Counsel for Plaintiff, Eugene Eagle, Jr.
Fr?tr_,
Dated: Jamlai'y ---.2L, 2005
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