HomeMy WebLinkAbout01-6401
.
THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
v.
: CIVIL ACTION - LAW
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
: NO. OJ-Gt.JDI
Crvil
Defendants : JURY TRIAL DEMANDED
NOTICE
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mountjoy, PA 17552
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 fait 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 Ptaintiff. You may tose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Documenl #: 215527.1
THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY , PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO.
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
NOTICIA
TO: J. Robert Snyder & Helen T. Snyder
608 Hearthstone Lane
Mount Joy, PA 17552
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de tas
demandas que se presentan mas adelante en tas siquientes paginas, debe tomar accion dentro de
los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, tas demandas presentadas aqui en contra suya. Se
te advierte de que si usted falla de tomar accion como se describe anteriormente, et caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0
cuatquier otra rec1amacion or remedio solicitado por el demandante puede ser dictado en
contra suya por ta Corte sin mas aviso adicionat. Usted puede perder dinero 0 propiedad u
otros derechos importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A
UNO, LLAME 0 VA Y A A LA SIGUlENTE OFICINA PARA A VERIGUAR DONDE
PUEDE ENCONTRAR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
Documenl #: 215527.1
THOMAS S. MITROS,
ptaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
~ NO. ()/" &Lf() I ~
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support
thereof, avers as follows:
1. Ptaintiff, Thomas S. Mitros, is a adult individual having his primary residence at
207 North Prince Street, Shippensburg, Cumberland County, PelUlSylvania.
2. Plaintiff is a reat estate agent, licensed by the Commonwealth of PelUlSylvania, and
is the sole broker / proprietor of Re/Max Homefmders, 115 East King Street, Shippensburg,
Cumberland County, PelUlSylvania, 17257.
3. Defendant J. Robert Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, Pennsylvania, Lancaster County PelUlSytvania.
4. Defendant Helen T. Snyder is an adult individual, with his principal residence at,
608 Hearthstone Lane, Mount Joy, PelUlSylvania, Lancaster County PelUlSytvania.
5. On or about April 4,2000, Plaintiff and Defendants entered into a written
Listing Contract by which, the parties agreed that ptaintiff woutd find a buyer for the
Document #: 202007. J
Defendants' home at 575 Newville Road, Newburg, Cumberland County, Pennsylvania
(hereafter, the "Property"). A true and correct copy of the Listing Agreement is attached
hereto, incorporated herein and marked as Exhibit" A".
6. The Listing Contract is a contract, binding upon both parties.
7 . The Listing Contract provides that Ptaintiff shall have the sote right to sell the
Property between April 4, 2000 and May 4, 2001.
8. Under the Listing Contract, Defendants agreed to pay Plaintiff a commission of six
percent (6 %) of the sale price of the home under each of the following conditions:
a. If the Property, or any ownership interest in it, is sold or exchanged during
the length or term of the Listing Contract by Plaintiff, Ptaintiff's agent, Defendant, or any
other person or broker at three hundred fifty thousand dollars ($350,000) or any price
accepted by Ptaintiff. (Listing Contract - Paragraph 6.A.)
b. Negotiations pending at the time of the end of the contract result in the sale
of the Property. (Listing Contract - Paragraph 6.B.)
c. Defendants sell the Property within 180 days of the end of the contract to a
buyer that has been shown or negotiated to purchase the Property during the time of the
Listing contract. (Listing Contract - Paragraph 6.C.)
d. Plaintiff fmds a willing buyer for the Property at three hundred fifty
thousand dollars ($350,000) or a price that is accepted by Defendants but the sale does not
occur. (Listing Contract - Paragraph 7 .A.)
Document #173211
9. The Listing Contract defines a "willing buyer" as "one who will pay the listed
price or more for the property, or one who has submitted an offer accepted by seller."
10. On or about June 6, 2000, Defendants entered into a Standard Agreement for the
Sale of Real Estate (hereafter, the "Sale Agreement") with Anthony J. Buzzelli and
Marta M. Buzzelli (hereafter, the "First Buyers"), willing buyers found by Plaintiff. A true and
correct copy of the Sale Agreement is attached hereto, incorporated herein and marked as
Exhibit "B".
11. Under the Sale Agreement, the Fist Buyers offered and the Defendants accepted
the offer to buy the Property for the price of three hundred twenty five thousand and 00/100
dollars ($325,000.00).
12. The First Buyers constitute "willing buyers" under the Listing Contract.
13. Upon acceptance of the First Buyers' offer, Defendant became obligated to pay a
commission in the amount of nineteen thousand five hundred and 001100 dollars ($19,500.00) to
Plaintiff under Paragraph 7.A. of the Listing Contract.
14. After the Sale Agreement was entered into, but before closing coutd occur,
Defendants negotiated to sell the Property to Community Refuse Services, Inc., a corporation,
formed under the laws of the Commonwealth of Pennsylvania, and having its registered address at
100 Oregon Street, Mechanicsburg, Franklin County, Pennsytvania (hereafter, "Community
Refuse").
15. On or about September 15, 2000, Defendants sotd the Property to Community
Refuse for the sate price of three hundred fifty thousand and 00/100 dollars ($350,000.00).
Document #173211
16. The sale of the Property to Community Refuse was in violation of the Sale
Agreement.
17. Upon the sale of the property to Community Refuse, Defendants became obligated
to pay a commission in the amount of twenty one thousand and 00/100 dollars ($21,000.00) to
Plaintiff under Paragraph 6.A. of the Listing Contract.
18. The commission Plaintiff and Defendants agreed to for the sale of the services
rendered by Plaintiff and on behatf of Defendants is a fair and reasonable commission for the
services rendered by Ptaintiff, and was the commission that Defendants agreed to pay.
19. Defendants accepted the services provided by Plaintiff pursuant to the terms and
conditions of the Listing Contract.
20. Plaintiff, by and through his attorney, has provided to Defendants, by and
through their attorney, a statement of the account accurately showing all commissions owed by
Defendants, which included statements of how each commission arose. A true and correct
copy of the most recent statement of account is attached hereto, incorporated herein and
marked as Exhibit "C".
21. Despite Plaintiffs reasonable demand for payment, Defendants have failed,
refused and continue to refuse to pay all sums due and owing to Ptaintiff, all to the detriment
of Ptaintiff.
22. Plaintiff has performed any and alt conditions precedent to the bringing of this
action.
Document #173211
COUNT I
WRITTEN CONTRACT
23. Paragraphs 1-22 above are incorporated by reference.
24. Defendants have accepted the services provided by Plaintiff pursuant to the
terms and conditions of the Listing Agreement.
25. Despite Plaintiffs reasonable and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay all sums due and owing on Defendants'
account batance, all to the damage of Plaintiff.
WHEREFORE, Ptaintiff, Thomas S. Mitros, respectfully requests this Honorabte Court
to enter judgment in favor of Plaintiff and against Defendants, J. Robert Snyder and
Heten T. Snyder, in the amount of forty thousand five hundred and 00/100 Dollars
($40,500.00), interest on that amount, the costs of this action and such other relief as the Court
deems just and proper.
COUNT II
OUANTUM MERUIT
26. Paragraphs 1-25 above are incorporated by reference.
27. The aforesaid amount of forty thousand five hundred and 00/100 Dollars
($40,500.00) is the fair and reasonable value of the listing services Defendants by Ptaintiff.
28. Despite Plaintiffs reasonabte and repeated demands for payment, Defendants
have failed, refused and continue to refuse to pay the fair and reasonable vatue of the services
provided to Defendants plus any accrued interest, all to the detriment of Plaintiff.
Document #173211
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorabte Court
to enter judgment in favor of Ptaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
COUNT III
UNJUST ENRICHMENT
29. Paragraphs 1-28 above are incorporated by reference.
30. Defendants would be unjustly enriched if they were permitted to benefit from the
services provided by Ptaintiffwithout paying the commissions owed to him.
31. The aforesaid listing services provided by ptaintiff and accepted by Defendants
have enriched Defendant.
32. Said enrichment would be unjust if Defendants were not required to pay the
commissions owed to Plaintiff, and said Defendants accordingly are obtigated to Ptaintiff for said
amount.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court
to enter judgment in favor of Ptaintiff and against Defendants, J. Robert Snyder and Helen T.
Snyder, in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest
on that amount, the costs of this action and such other relief as the Court deems just and proper.
Document #173211
Date: !J,,,,,,,, J"r
Document #173211
1 ';PIJ/
,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
0-7~fJ
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
--,
VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The facts set forth in the foregoing Complaint are based upon information which we have
furnished to counsel, as well as upon information which has been gathered by counsel and/or
others acting on my behatf in this matter. The tanguage of the Comptaint is that of counsel and
not my own. I have read the Complaint, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowtedge, information, and
belief. To the extent that the content of the Complaint is that of counset, I have relied upon such
counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid
Complaint are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
falsification to authorities.
~~~
Date: // /~p f
Document #173211
Exhibit A
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RE/MAX HOMEFINDERS
PAGE 21
LISTING CONTRAcT XL
EXCLUSIVE RIGHT TO SELL REAL PROPERTY S
ThIs :lJrAb rooommellded ...... ~vect tbr9 bur .GOt roltriaed to ..c by9 IIwl .u:ac:mbcn of'" 1110 Pcmgyl~ A!Jsodadoo of'REALTORSe (PAR)
BROKER (Com~ "':",":::' ~:--"'-"__A
~ ']9h~___ Q M";.._~_
SJr.T T ,'I7.D
J Robert Snyder
HQ1en T Snyder
1. PROPEIlTY
Add:ress' !'i7"i 'N__",,_ 'tI........-t 'U_~
Municipality (city. bO!'ObSh" township) A.....~..._'"I "'....-"...h..;9
County t""U_'h"'__"I ........... School District
Z-iDg and PI-u Use
ldentific:atlon N......ber (For example, "'" identitl-"'n numl!<or; paro.l."UlDber; d_ I>oo!<, palle. reconi.ing dBe) ~..d~
II-nll_I"')~t:;Qq_ rt~~ ~.-i ~~ H- ...;!L :Ai: paca~ LLf./.n r~"!5:' 'ITw~:) .
;z.. sr ARTlNG ~ ENDING DAo.-:nrs OP LISTING CONTRAcr (also called "T_")
A. No A.ociation ot"REALTORs has set or""Ommeoded the Uonn ot"this """tract. By law, the lcagth 0.- Uonn of'a 1istIng """tnoct
may not exceed ODe year. SeUc=r and Broker havo dl--,.ntf and agreed upon tho leneth 01" tenD. of this contract.
B. -IIDa.... This Contnoct starts_ signed by Seller and B......., unlessothcrwise__h"",,:
C. E_.u-- Date: This Contract ends on ~ Jt..V 4 .:z.. D4) I .
--- ,
LISTED PRICJi; S J5~"'.I {)'" D
.:S # ..".-.....--..-..c--..
3. PIlBPoSE OP 'IBJS CONTRAcr
Sell.... is hlriDa ~ to market Propc:rt;y and to find a bu)>er. Sell... WiIJ _... aU __ and Inquiries to _.... Sell... allows
1kol<er to """ print and/or electroni" advertising. Br'okco< is aelIua as Sell... Ag..... as described In the Coosum... Nodce.
4. BROKER'S BE
No .Assoclatloa ot"REAL TORS has set or recOD:Wll:nded the _. Fee. Sell... and Broker ha"" neeotlated the ftoe that SeU...
>rill pay Broker. The Brol<er'. F.... is ~~ oWitom the sale price and paid by Sell....
5. COOPERATION WJ:rII OTHER BROKERS
L~ has _lained BroIc.cr'B company policies about <><>..,.-.ting with othw broI<Aon. Seller and ~ __ that Broker will
pay itom BroIc.cr'. F_: .
A. A" to ..odaiI!!Lbr__E-w:Ilo ..eprwalD dae Seller (SVBAGENT).
LJ No QSI Yes If Y.... amount: ~ o1l'itom the sale price.
B. A - ... _at_ b_ _0 rep...... . ....yer (BV'lrER'S AGEN'I). A B_ro. Ag..... _ 11' ""___ by "''''''r
... seDer, wID O'tilI"_at.:dle btM_. aCt-. ....,..... ..3
u No 181 Yes If'Ves,. 8.QlOUQt: of7fi:'om the sale prioe..
c. A t_ .. aaotlle,LbIQDL..W'bo doe-. aot ........__ "&:bel" tho,-..r or a bu."... (TR.ANSACDON LICENSElt).
U No IlSJ Yes If'V.... amount _ oflitom the saf'e price.
5. PAYMENT OF BROKER'S BE
A Seller wID pay ..._,.. F_ I1'P.......rty, ... _ __.....Ip IDterast Ia I.. Is sold ... _..ad ........11... ...... _ -...
oI_C__byB_, Bro""",_ Seller, or..,. __cr__... ....._,.ttla._J,Jriee_...,..Prlc._plable
to Seller.
S. Seller WiIJ pay _. F.... ifnegodatiOllll that are pendlna at the Ending Date of thi. Coo""'ct result In a sale.
C. Seller will pay BroIc.cr'B F.... aft<:r the Bndlna Date of'thl. Contnoct IF:
(I) A Bode oecurs within 1 an days ot"the Bnclina: Date, AND
(2) The bu)>er WIlS shown ... negotiated to buy the Prot>-"ty during th...... of'this <XlDtrad.
s.u.r wIU IIGt CIlI're Br~"'. Fee Utile Pr~ .. H.ted ...... _ "eaa.tve........ 10 ..0 CGIltnct" 'Wf8a _DOtIIe.-
b<oloer at the _e ot"the sale.
,. BROKER'S PEE IJI' SALE DOES NOT OCCUll
A Sellar wID _ ...-... "".11'. ....IIy, _. .ad ."IB lallY'" is "_d by B_ _ by _:yoaa, Iadadlna Sellar.
A wIll'ng~ is on.e..mowill pay the li8tedprlce ormOl'O tbrthoF1.oy.....l.t'~ 01" OQewboh8s submitted: an o&r 1lIIIr-~ =t-kod by Sell~.
B. If the n."..,.ty or any part of'1t is - by any sovemm...t &r public""" (Pmlnoot Demain), Seller will pay Br_
oJ7ttcm any money paid by tho a<>vemment.
C. [f. ~ aians an aar...._ of' sale then refuaes to buy the Prcpert;y, or If'. ~ Is unable to buy it be<:a.... of' _g to do
all the things rcqulred of the buyer in the asreanont of'saIe, Seller will pay Br_:
(I) ~n.. oflitom buyer's deposit monies, OR
(2) the Bro""". F_ In ~ 4, whi"h_ is 1_.
L DU,u. ~Jl:NCY
Sell... _ that Brokta- may also represent the buyer(.) of'the Property. 8rol<... is a DUAL AGENT wh... .~...-tioa: both
Saller and the ba)>aor In the sale of a prapc.. ty.
n......._ ~
ON... AwBa..1e.
181 AppH-- ~,as the Dual Aaen.. may __to 11_ to ......~t tile ............. Inter_ of'Seller ""d the buyer.
Uoeosee (ldentifulol above) i. the ~pated Ajlen" voI1,o will set oxeluslvely as the Sell_ Agent. If Preo>art,y is introduced
to the buyer by a licensee In the Company who IS not ~II the buyer, th... that licensee Is IlUlhottteci to wock eo
bebaIE of Sell.... [fLi.,......... Is also the Buyer A8-.. then I-,oeosee is a DUAL AGENT.
'. BROKER'S SERVICES TO BUYER
- may provide -..:1_ to a buyer - which Brokta- DUlY ou:oept a fOe. Such --..1_ may Inclnde. _..... no< 1Imited to.
deedtdoc:um...t ",_.d_; orderina: certl_eos required &r closing; 1Inancia1-. title __ and pr-'OQ -..:1_;
...derina Insurance, <XlIIBIrw;tiOQ, r<:paIr, or In"I'""M"'" sani-. Broker will disclose to Sell.... if any _ are to be paid by Buyer.
l" LIMIn8 eoner.ot.11IH CIPIIn~~Of1 dR6ALTORse 1988
dOn 8.02(flI,II), RWFASTe Softwo.. Pubflehlng ft:.. (e) 2000 R..-, PPAPARZZ28a3. THOMAS S. MITR08.ABR.CRP. REIfIIJA)( HOMEFINDERS
04.104IOO 0&:4&:17
.... 'I Gf4
09/12/2001 ~4:1~
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10. OTHER PROPERT.IES
Sell.... - tbat a.oker may list .....er pl'<JpC<ties fur sal.. and that llrok.... may show.....er pl'op...>l.... to pl'ospccti"" buyers.
11. CONFLICT OF INTEIUl:ST
A carr/lkt <iflnt_at is 'When - at LiCCllJlCC has a financial<< ~ interest where a.okor or L1.......... cannot put Sell....'s
~ be/.i:Jre any other. Ifth.. Bi<"oker. or any ofa.oker's salespeople, has.. c<>>1l1fct <iflnteru.. Be_ will uotilY s..ue. in.
timely manna'.
12. SEm.._Nr .AND POSSEssION
A. Pre1i:ned SeUl__ Date:
S. Seller will atwpossession of tho l"r~4lfto Buyer' at scttlc::o:teotor- on .
C. (I) If"the P<opcrty. or any pan ofit, is rented, Sell..- willllive any 1_ to _... -., signing this Conlract.
(2) If" any - ...... cnl, Seller will provide .. writ=> """'ID"'Y of"the tenus. including amCUllt ofrent, ""diua ~ and
T_s rcoponslbilitles.
(3) Sell.., will net cuter Into or .......... an;)' 1_ during the bs:m of"thl. Cmtract except ... fellows:
13. TI'lLE
A. At --t, Sella' willlli.... full rights of owuersblp (&e simple) to a buyer except as full.....:
(1) Min_ R1ahts ~_ts
(2)Other
B. ~~~b
No Mortpge with
Addnos
Acct. #
D Yes D No Equity I""" with
Addr_
Ac::ct.. II. Amount of bdllO.co S
D No SeIlcr a__ Broker to......"" IDortaaae payoffand/or equity 1""" ~lnfunuatlOD lroon the .....d..-.
D No POst Ouco"laxes Amount owed $
D No .Judgm_ Amount S
Type
D y"" D No Municipal Aoa....,ents Amount S
Dyes D No Oth..,
AmOtUtt S
C. rf'SCIl..... at auytim..onor si"''''.January I. 1998. has bcco ob\lptcdto ""'" supportuud....... ardertbatison reconl inauyP.....~llIlla
CCUIIty, Wit the county and the Domestic Relations Number or Docket Number:
14. MULTIPLE LISTING SERVICE (MLS) (Coml'l_ ifBrckol- is a member ofan MLS)
l!lI Broker will -- a Multiple Listiu8 Service to achutise the p,q>...'t)' to ath... .cool __tc salespersons. 'Who can tell tbclr cHents
and cusbncn about it. Se11...__ tbattheML8, tb.._.... and LICCIISeC...... IlOtI'ClSpons;ble furmlB"""es intbeMLS<I... Iytion
cfthc Pc 11 'K'ty.
- will DOt use a Multiple Us.inS s...v;ce to ",,-me tbe ~ to other rc8l_ -I....,...........
Amount ofbalauce S
Phone
Dyes
Dyes
Dy".
Phone
15. PVBLlCATlON OF SALE PJUCE
A. Seller Is a-., that newapapen ""'Y publish tbe fIual sale price after seal.........
B. ScJ1... willl!lLow publishing oftbe sale price after Seller ...,."..,.. "" A__t of Sale.
1m Yes 0 No
l6.. SIGNS .. KEYS Seller all..... (where peapltted):
l!lI Yes D No s..... Sign . l:l Yes D No Sold Sijp>
o Yes 0 No Key in Oll\ce Dyes D No Lock Box
Dyes D No
17. rI'II:MB INCLtlDED IN TIlE PRICE OF TIlE PROPERTY
A. Iududed in the oale and purdulse price are all ClKistlng items perm_tIy lna....led in the "" ~,-:ty. ftee of liens, includlna plumblna;
h__llgbtJQsfbdure:s (lncludma: ""-ndelieraaod ceIIlna limB); _tertrea_ systems; pool and _equipnent;sax.e door_"",
and ~ television antamas; sbrubbery. l'-as. and ~ ...-. au;y .........n....a .....tiQa; ODd cod<iua 8IeIs stored on
the Prop..l;,r at - time oC --em; _I to wall carpetius;. ~ah___ shades, and blinds; built-in air cco.diti'...s:a;
~ ~ and tbe~"'ov<IIL Alao Included,
B. S... ...._ _ fur additi_lltemslncluded in the sale.
,.. n'EMS Nor INCLnDED IN THE PaJc.E OF THE PBOr......'1 r
The fbUowinR itcmI.s 11I"O DOl: inoluded in the pun:sbase Bad price of the PI .,..eI't)'::
A. ~L 'Ar-.....,;lD~.. -Jr-7t.4 ~~_ ....
. B. -.. ..-ed by the Sell...
C. D See -a..s orb_ fOr additional 1_ not Included In the sale.
.,. SELLER WILL REVEAL DEllIl:CI'S ANDJOll ENV:IllONlWENTAL HAZARDs
A. Seller (lnclwllugSella:s-.mptlroontbe lteaIE_Sell.....DlscIClSUl'eAA:t)will4ilclose allknowDmateriald_ _...vit'<ldIm........
b........... on a __disclcaure statem-. A material_is a pnlblem 01' coadltlon tbat:
(1) lsa_lble danaertotbcaelivina on thePl~....t;y. or
(2) has a BI,aDi:ficaot adverse eft"cct on the --.tuoo€the n':'~_l.;r.
a. IfSeUer &lis to tell ofknown m---' defects andIor _viroum....... hazards.
(I) Seller wiIlrwt bold _ or Licosnsee "-sible In lID)' way;
(2) SaUer will_ Bi<"ckoI- and Licensee _ ouy claim.. '-its, and actions tbat .-.It;
(3) Sell... willl"'Y all ct: _s _ L1_ coats that .--.It. Thie includes ....,."..,.,.. fees _ court_dc<ed paym_ 01'
i.u.tinec----.,11" cw.n~..-
IIan 4.02(5,8). RelIIF~ &:d\IrtwarlIlI PubtlMlng Inc., (0) 2000 R.eglIII: f'PA.P~23. THOMAS S. MITR08.A8ft,CRP, RI!iMAX HOMKANOERS
CWI04IOO 08:48:11
. "1 atRl!ALl'OR&e 11l1ue
P'",:I 01'4
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- settl~_ (mon<ly Ikoker Or Liccasce pIlyS to end a lawsuit or claim).
20. :w l'R01'ElI.TY WAS BUILT BJ;:Il'OltE 1l"78
The R..rick:o.tialL___ Paint Haard Reduction Act -)'8 that any Sell... ofpropmy b.>Ilt l>-.. 1978 01.... ~"" the BU)'<<" _ El'A
pampblettitled Protect Yoor Family t'taallaod In Your Home. The Sell... also 01_ toll the Bu}'er _ the Broker wbat the Sell<< knows
aboUt 1eod-""-1 paint - laodollued paint b.....-.Js that .... in or an the jn.~.... ~ beins sold. Seller IDWlltell the Bu)er bow tile Seller
1cn0Wlr that lead b...edpaint - laod-la_ paint haz.ds ......on the _1).', wbere the I__lased paint _1__ paint h8Zllrds
...., the c:ondItlon of the ~ .....-. and a~ otb... inlimnation Sell... knows about Icsd-la_ palnt..nd Icsd-la_ paint b.....rds
on the _. Ally SelIerofa _1978 - mustalso&ivetlle~"'""yr""""cb ...elrcpona that the Sell... ha. or can g.tabou<
I....el_edpefut or 1--- point hazards in or lU'CUQd the 1".,....13-' beina solct. the common _. .,. oth... dwelliDp inmu1ti-liunlly
houslDc. Ac:c:ordIQg to th.. Act, a Sell... 01.... gl.- a Buy... 10 clays ~unI_ Sell......el Bu}'er __ to a dilf'creat period dtime) &:om
the tlme an .Aa>:cemcot of Sal.. is signecl to ha_ a "rialo: a...._.... or ~on tor pcssIble lead-based paint hOZlUcIs clQoe on the
property. Buy.... may chooae not to haw the rislo: a...._ or inspecol"" tor laod paint hazards clQoe. If Buy... c:h",,- not to have
the as......m_ or Inspection. BU)><lr must infi>rm the Sell.... in writing of tile choice. The Act does __ noquiro the Sdl... to Inspect tor
lead paint ha2arcls "" to <:<JlTCCt laod paint ha2ards on tile """pan,,,. The Act does oot apply to h_DlI buIlt in 1978 or Iat....
21. ~rr MONEV
A. Broker, or auy penou Sell... and the ....,.,.. oame in the Agrecm_ ofSaI... will "- all deposit monies paid ~ or tor the ....,.,..
In au escrow ~ It bcid by Bn>k.-, this ~ _ will be betd as required by real _ U-.sing la"", auel reaulad......
Seller agr_ that the penou keoopinll tIl.. ~It 01...1... may wait to deposit any """,,1Ihed c:heck that la received as depcsit m<llley
until SeUer has. ~ I\.ted an offer.
B. ItSell... joins Ikok... or LJ"""..... In a Ia-w. tor the return ofdepooit m...tes, Seller will _ Broker's sn,d U__s attaueya'
- _ c:osta.
n. RECO'llmlV J!VND
P'eansylwnis hIlS a - Estale Recovery Fund (the FUIld) to repay any """"'0 wbo has __ a fiuaJ court ruling (civil judgm._)
apnst a Pamsylvania real estate licea.ee ~.e of fi'aud,. mi.. ~ -...tatiClll, or dec:cIit in . reel cstalc 'tl'1qgac;:tion. Tho Fund rep&;)rs
_.<lIlS wbo have not beaJ able to c:dloct the j...sro....t after lzylng aIIlawlui -)'8 to do so. For CGalpI_ _lis about the F=<i, <all
(717) 783-3658. or (800) 822-2113 (witbln Pennsyl'lllUJla) aod(717) 783-4854 (outalde P.......y1___s).
23. 'lRANSF.EIl OF 'DDS CONTllACT
A. Broker will nat;Jy Sell.... immediately in writIna if'Broker _lion this Contrac:t to anoth... Broker wben:
(I) Broker stopa doin8 busio-. OR
(2) Broker Ii><ms a new real _ busIn-. OR.
(3) Broker joins his __ wi.tb. another.
Seller - that Broker may transfer this C""trac;t to another Ikoker. Broker will ootify Seller imm_1y in wrttma when a
transfb: occurs or Broker wlUI.- tho right to __ this ~ Seller will "I~ a\l requi............. ofthb Coo....... with the
De'W' broker.
B. Sbould Sell... ahe or _... the Prope.'ty, or "" OWD....mp in_ In it, to sn,)'Cln" cIuriua the tam of tills Contract, aU """'....
will fOllow the requIr_ents of this c--.
M. NOTICE TO PERSoNS Ol'FElUNG TO SELl. Oll.lU:NT HOUSING IN l'ENNSYLV ANJ:A
Federal - ._Iaws make It i\IeaaI fbr SeU..., Broker. (]I"....}'O.Oe to use RACE, COLOR, REUGION "" REUGIOUS CRl'!ED, SEX,
DlSABlLI'J:Y ~I.,. mental), FAMILIAL STATUS (children uncIer 18 >-rs of_), AGE (40.,. older), NA'rIONAl. OIUGIN,
USE OR. HANDI.lNGiTJ.V.G OF SUPPORT OR GUIDE ANlMALs, or die FAcr OF RELAl'IONSlllP OR ASSOCIATION
TO AN INPIVIDUAl. KNOWN TO HAVE A DlSASlUTY as reasons Ii>r refualng to .ell, sbow. or rcat prcp<a'ti.... I.... money,
01" set deposit aanounts. or as reuon.s fOr &D.y A1-.1a;,... relat1na to the....e ofp.~t~.
Z5. NO OTHER. CON'IRACl'S
Seller will not....... into_listloa asreem_wilh ""oIh<< broker that hogin. betbr..the EudinaDetoo dtbla Co.Itraet.
Z6. ADDrrION<U. OFl!ERS
ONCE: Sl!U.J!R IlNIERS INTO AN AGREEMENT OP SALE, 13~ IS NOT REQUIRED TO PRESENT OTHER OFl'ERS.
&7. ENTIBE CONTllACT
TbIs C""tIwX b the - ___ betw-. Broker and Seller. Ally verbal.,. wri..... lIJlI"""Q>_ tIlst """"e ma"" bef_ ...... DOt
a part ofthb Contract.
2&. CllANGES TO 'DDS CONTll..4o.CT
.All ......."... 10 this <:oIDtnlct 01_ be in writIna and sllllled by Broker and Sell...
tit. SPECIAl. INSI'lI.UcnONS
The Qft\"" d Aifon>ey General "as n~ \>I"HIPPJ'<IVed any .pecoj,a\ ClOnditioua .,. addlti......l term. added ~ any psrti..... Any .pcalaI
Ins~sln the eo.oa-- m_ _Iywilh the Pamsyl......f. PIaln Len_ Consumer Cootra.:tA<:t.
4DDO'ION<U. IJ.'OrORM.lo.'n:ON (Ol'TlONAJ..)
JG. TAXES. trrn.IrIES, AND ASSOCIATION 1l'EES
A. At ___t, Seller will pay <lIle-half of the '-1 RealEs....e Tnmsfer 1'",...., unI..... otherwise _toct het-e:
B. ~ _I'>.,.-ty Tex Asa_...t $ " Y_Iy 'I'axes $ ",
W........oame Tax Per Capita Tax S
c. 2_toct Ulilitiea (trasb,. _, _, electric, gas, oil, cu..)
D. AsaOlliatl<lll Pees $ Iodude:
E. Olh...
Sl. ~ FINANCING Seller will ac>cept tIl..lb1low!nJllUT8Dgem...... tar ~ to J'BY:Ibr tile Property:
g ~will apply fi>r a...~ 'l'yp,(s) ofm_es agceptable 10 Seller are:
~Y... [J No Couveotl_ - - 0' Y.... 0 No FHA
dyes [J NoVA D Y.. 0 No
o SeD..... help to buyer (if' any):
..~ ConIract.".. 0P4rI~'"
..., 8.02(5,.8), ReIlIFAST4I SoftwaN publlWIIno~. (c) 2000 RwutJ ,"PAPAFt222823, THOMAS 8. MrrAOS,ABR,CRP. REtMAX HOMIEFI'lIDERS
. q/fREiALTORSe 19oe:
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PAGE 24
Seller Iuos r_ the COUS1llDer Noda: - adopted by tb. State Real Estate CommlasioD at 49 l'a. Code 135.336. AJJ
SdIers must _IgD _ CollOtraet..
NOTICE BEFORE SIGNING: IF SELLER lIAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN
ATTORNEY.
""':~obert Snyder ~ q ~ A,r-
575 N8WT~11e d.Newbur9. PA 17240-9375
OWNER -a~~<,. yztJ~/
BCIl1en '1' Snyder
575 Newv111Q Qoad, New urg, PA 17240-9375
DATE
rh/o-J
DATE
~~/~
EmaU
BROKER (Coaa...'9' N.......)
QE~ HOHBFINDERB
11S E RING STREET
SB~PPB.SBORG PA 17257
Phone: 717 532 6131,
Pax: 717 532 4380
J1:maU
AC-.....:.......~:J&;.PBY
~~~'~
DAo.'l'E
~/o/--
.. L.... eomr..ct. ".... 0Penn~. a-
110!'1 $.02(8,8), ".-F~ Sc:lftwlr.,.. PublllIhIng Inc., (0) 2000 R" PPAPAR222a23, Tt-tOMAS S. MlTROS.ABR..CRP, REIMAX HOMEFINDERS
04104IOO 08:48:17
."- . gf REAL.. TORse 1888
P_ge 4 of'"
Exhibit B
B9/12/2BBl B4:14
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RE/MAX HOMEFINDERS
PAGE B2
PA LICENSED BROKER fA LICENSED BROKER
LIstING BROKER (Company) RF./MAX HornetindQrs SELLING BROKER (Company)
ADPRE~S ] 15 F. kina ~tcreet: ADDKE~S
ShiO'Oensbura. FA 17257 PH FAX
PH 1717l532-6131 FAX 17171 532-4380
DESIGNATED AGENT FOR SELLER (if applicable) DESIGNATED AGENT FOR BUYER. (if applicable)
stANDARD AGREEMENT FOR TIlE SALE OF REAL EST ATE
'rbi; tbrm p!comme,ad$d "r:ld app~ed fur. but not re&tricscd to _ by, ql.en!bcl$ oftile PGUIS)'lvania A$SOchuiQn or REAL TQtlSill (PAll).
A1S - 2K
1.
This Agreement, daled June 6. 2000
SELLER(S):
, Is between
Helen T Snyder
J Robert Snyder
c:alled "Seller," and
BUYER(S):
~thony J Buzzelli
Marta M Buzzelli
called "Buyer."
2. PROPERTY (1-98) Seller hereby alroes to sell and convey to Buyer, who hereby agre.. to purchase:
ALL TIlAT CERTAIN lot or piece of ground with buildtDgS and improvemen13 thereon erected, if any, kOllwn as:
575 N8wvil1e Ro~d. Newbura
in the Tnwnshi n of HnoQwe 11
County of ciFf"Tland in the Commonwealtll of Pennsylvania, Zip Code 17 24 0
ldentllkatlon e.I., Tax lD#; Parcel #; Lot, Blod<.; Deed Book, Page, Recording Date)
3.
Deed Rook
TERMS (I~O)
(A) Purchase Price ThrC!!!e hundred. tw~ntv-five 'thousand dollars l 5325.000 _ 00) -....------------------
----------------------------------------------------------------------------------~~~
which will be paid to Seller by Buyer as follows:
(8) Cash or check at signing 1l1is Agreement: $
(C) Cash or cheek within days oflhe e"ecudon ofthis Agreement: $
(D) lioan aCceote.ncf'! $
(E) Cash, cashier's or certified check at time of settlement: $
TOTAL S
Deposits paid on account of purchase price to be held by Listinl Broker, unless otllerwise stated here:
. pacre
(F)
5.000.00
320 noo 00
325.000 00
(0) Selle~s written approval to be on or before: June 14. 2000
(H) Settlement to be made on or before: SQotelW"T 01. 2QOO
(I) Conveyance from SeDer will be by fee simple deed ofspeelol walTan!}' unless 01l1eIW'se s",red here:
(J) Payment of nons fer taxes will be divided equally between Buyer and Seller unless o1helWise s1a1ed here:
(K) At time of settlement, the foUowing will be adjusted pro-rata on a daily basIS between Buyer and Seller, reimbursing where
applicable: 18"es; rents; interest on mortgage assumptions; condominium tees and homeowner association fees, if any; water
and/or sower tees, if any, together wi1l1 any other lienable municipal service. The charges are to be pro-i'ated for the period(s)
covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settJcmen~ unless
othOlWise stated here:
4. FIXTURES & PERSONAL PROPERTY (1~O)
(A) INCLUDED in this sale and purchase price are all existing items pennonently installed in 1l1e Property, free of liens,
including plumbing; heating; lighting f"'tures (including chandeliers and ceiling limo); water treotment systems; pool and spa
~K. SlIpdard AgIHment For The s.,. Of ~..I Es-,1100 COPYRIGHT PENNSYLVANIA ASSOCIATION Of REAL TORse '998
Version 8.02(5,.5), RealFASTCl SoftWare PUbli$hlt'l9 Inc., (e) 2000 RegIJ PPAPAR~G23, T,",OMAS S. MI1'ROS,ABR,CRP, REJMAX HOMEFINDERS
. ao.yer<.) In..... Mft. M 06106I00 11,,5:'6 $elllO(.) In""". ~
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equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining
heating and cooking fuels s"'red on the Property at the time ofselllement; wall to wall carpeting; window covering hordware,
shades, blinds; built-in air conditioners; built-in appliances; and the range/oven unless otherwise stared. Also included:
(B) LEASED Items (items not owned by Seller):
(C) EXCLUDED fixtures and items:
5. SPECIAL CLAUSES (1-00)
(A) 181 Buyer and Seller have received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code
9)5.366.
(B) 181 Buyer and Seller have received a statement of their respective estimated closing costs before signing this
Agreement.
(C) 181 Buyer has received the Seller's Property Disclosure Statement before signing this Agreement, if required by
Jaw. (See Notice, Information Regarding the Seller'. Property Disclosure Act.)
(D) 0 Buyer has received the Deposit Money Notice (for cooperative sales when Listing Brok.... is holding
deposit money) befo", signing this Ag_ment
(E) The following are part ofthis Agreement if checked:
o Sale & Settlement of Other Property 0 Tenant-Occupied Property Addendum (PAR Form TOP)
Contingency Addendum (PAR Form 130) 0
o Sale & Settlement of Other Property Contingency 0
with Right to Continue Marketing Addendum 0
(PAR Form 131)
o Settlement of Other Property Contingency Addendum
(PAR Form 133)
1. This contract is Contingent upon Buyer receiving relevant information about
adjacent land-fill that is satisfactory to buyer, including Government reports.
2. Buyer has right of first refusal to purchase additional land. First right of
~efuBsal to be fo~malizQd in writing 30 days aftar acceptance.
3. Buyers have the option to buy additional land f40rn the $eller. Det.ila to
follow 3D days after acceptance.
6. MORTGAGE CONTINGENCY (1~0)
o WAIVED. This sale is NOT~ollting~nl on mortgage financing.
18I ELECTED
(A) This sale is contingent upon Buyer obtaining mortgage financing as follows:
1. Amount of mortgage loan $ ? 6 n . no 0
2. Minimum Term 30 years
3. Type of mortgage ConVp.!ntinnal
4. Inte~t rate a %; however, Buyer agrees to accept the interest rate as may be committed by the
mortgage lender, not to exceed a maximum interest rate of 9 ~ %.
5. Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage
loan (excluding any mortgage insurance premiums or V A funding fee) not to exceed % of the mortgage
loan.
The interest rate and fees provisions required by Buyer are satisfied if a mortg"!le lender makes available to Buyer the right to
guarantee an inre",st rate at or below the Maximum Interest Rate specified herein with the pexcentage fees at or below the
amount specified herein. Buyer gives SeUer the right, at Selle!'s sole option and as pennitted by the lending institution and
applicable laws, to contribute financially, without promise of reimbwsement, to the Buyer and/or lender to make the above
terms available to Buyer.
(B) Within 10 days of the e"ecution of this Agreement, Buyer will make a completed, written morlgage application to a
responsible mortgage lending institution. The Selling Broker, if any, oOlerwise the Listing Broker, is authorized to
communicate with Ole lender for the purposes of assisting in the mortpge loan proceos.
(C) 1. Upon receipt ofa mortgage commitment, Buyer and/or Selling Broker will promptly deliver a copy of1he commitment 10
Listing Broker, jf any, otherwise to Seller. .
2. Mortgage commitment date Jul v 2 B # 2000 . Ifa written commitment is not received by Listing Broker,
if any, otherwise by Seller, by the above date, Buyer and Seller agree to extend the commitment date until
Seller !ermlnate. thi. Agreement in writing.
3. Seller has the option to terminate this Agreement in writing, on or after 1be mortg.ge commitment date, if the
mortg"!le commitment:
NS-ZK- Standard Agreement For The S.'e Of Relll E5ti1te, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTDRSlIl1998
V...ion 8.02(5.5). ReaIFA$TlI> 5_,. PullIlS.'.g Inc., (C) 2000 Reg# PPAPAR222923. THOMAS 5. MITROa.A8R.CRP. REIMAX HOMEFINDERS
Buye~')lni1lol.tbI6 .m 06lO6lD0ll:1S:16 S.II.~.)lnit",. ~Qf1.
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a. Is not valid until the date of settlement, OR
b. Is conditioned upon the sale and settlement of any other property, OR
c. Contains any other condition not specified in this Agreement
4. In the event Seller does not terminate this Agreement as PJOvided above, Buyer has the option to tenniDale this
Agreement in writing if the mortgage commitment:
a. ts not obtained by or valid until the date of settlement, OR
b. {s conditioned upon the .ale and settlement of any other'property which do not occur by the date of settlement,
OR
c. Contains any other condition not specified in this Agreement which Buyer is unable to satisfy by the date of
settlement.
5. If this Agreement is terminated as specified in paragraphs 6 (C) (2), (3) or (4), all deposit monies paid on account of
purchase price will be returned to Buyer. Buyer will be responsible for any premiums for mechanics lien insuIllnce
and/or title search, or fioe for cancellation of sarne, if any; AND/OR any premiums for flood insurance andlor fire
insurance with extended coverage, insUIllnce binder charges or cancellation tee, if any: AND/OR any apprnisal fees
and charges paid in advance to mortgage lender.
If the mortgage lender requires repain to the Property, Buyer wilt, upon receipt, deliver a copy of the mortgage lender's
requirements to Listing Broker, if any, otherwise to Seller. Seller will. within 5 days of receipt of the lendets requirCTllenrs,
notify Buyer whether Seller will make the required repairs at Seller's expense.
I. If Seller chooses to make repairs, Buyer will accept lbe Property and agree to the RELEASE .et forth in paragraph 25
of this Agreement
2. If Seller chooses not to make the required repairs, Buyer will within 5 days, notify Seller in writing of Buyer's choice
to terminate this Agreement OR make the required repairs at Buyer's expense and with Seller's premiss ion,
which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may,
wkhin 5 days of Seller's denial, tenninlite this Agreement If Buyer tennlnates this Agreement, all deposit monies paid
on account of purchase price will be retUrned pJOmptly to Buyer and this Agreement will be VOID.
Seller Assist
181 NOT APPLICABLE
o APPLICABLE. Seller will pay:
o $ , maximum, toward Buyets costs as permit1ad by the mortgllge lender.
o
FRANA, IF APPLICABLE
(F) It is expl"ssly agreed that notwithstanding any other provisions ofthis contract, Buyer will not be obligated to complere the
purchase of the Propeny described herein or to incur any penalty by forfioiture of eamest money deposits or otherwise unless
Buyer has been given, in accordance with HUD/FHA or V A requirements, a wrinen statement by the Federal Housing
Commissioner, Veterans Administration, or a Direct Endorsement Lender setting forth the appraised value of the
Property of not less than $ (lite dollar amount to be insened is the sales price as stated in the
Agreement). Buyer will have the privllege and option of proceedini with consummation of the contract without regard to the
amount ofthe appraised valuation. The appraised valuation is arrived at to determine the maximwn mortgage the Depamnent
of Housing and Urban Development will insure. HUD does not warrant the value nOr the condition of 1I1e Property. Buyer
should satisfy himselflherselfthat the price and condkion of the l'roperty are acceptable.
Wal1ling: Section 10tO of TItle 18, I.S.C., Department of Housing and Urban Development provides, "Whoever for the
purpose of. . . infiuencing in any way the action of such depamnent . . . make., passes, utters, or pUblishes any Statement
knowing the same to be fillse. . . shall be fined not more than $5,000 or Imprisoned not more than two years, or both."
(0) U.S. Department of Housing and Urban Development (HUD) NOTICE TO PURCHASERS:
Bayer's Acknowledgement . .
o Buyer has received the HUD Notice "For Your Protection: Oet a Home Inspection" (see Notices and Infonnalion on
Property Condition Inspections). Buyer understands the importance of getting an independent home inspection and has
thought about this before signing this Agreement
Buyer's Initials Date
(H) Certification We the undersigned, Seller(s) and Buyer(s) party to this transaction each certify that the terms of lbis contract
for purchase are true to the best of our knowledge and belief, and lbat any other agreement en"'red into by any of lbese parties
in connection with lbis transaction is at1ached 10 this Agreement
7. INSPECTIONS (1-98) .
(A) Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers. insurer's representatives, surveyors,
municipal officials andlor Buyer as may be required by the lending institutions, if any, or insuring agencies. Seller further
agrees to penn it any other inspections required by or provided ror in the terms of this Agreement.
(B) Buyerresetve. the right to make a pre..ettlement walk-through inspection ofthe Properly. Buyers right to make this inspection
is not waived by any other provision of this Agreement
(C) Seller will have heating and all utilities (including fuel(s)) on for the Inspections.
8. PROPERTY INSPECTION CONTINGENCY (HIO)
o WAIVED. Buyer understands that Buyer has the option to request inspections of the Property (see Property Inspection and
(0)
(E)
A1S-2K - Standlrd Agl'Clement for The S81e Of Re.al Esteta, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF R&.L TOR9119ge
Veman 6.02(S.5), R..IFASTt;l Software Publishing I"... (0) 2000 Rog# PPAPAR222023. THOMAS S. MITROS,ABR.CRP. REIMAX HOMEFINOERS
@ lrI2 Pag.3 of 19
06/09/00 11:'5:15 ~
8LJy8~s) Initials SOllor(.) Inillals
'd4-
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181
(A)
Environmental Notices). BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in patagraph 25 of this
Agreement.
ELECTED
Within liP days of the execution of this A!I'"eem.n~, Buyer, at Buyer's expense, may choose to have inspections andlor
certificatIOns completed by licensed or otherwtse qualified professionals (see Property Inspection and Envll'onmental
Notices). This contlgency does not apply to the following existing conditions andlor items:
(B) Other provisions of this Agreement may provide for inspections andlor certifications that are not waived or altered
by Buyer's election here.. . .. . .. . .
(C) lfBuyer is not satisfied with the condition of the Property as stated In any wtltten report, Buyer WIll, w,thlll the time gIVen
fur completing inspections:
o Option 1 .
I. Accept the Property wilh the information stated in the report(s) and agree to the RELEASE set forth In paragraph 25 of
this Agreement, OR
2. Terminate the Agreemem in writing by notice 11> Listing Broker, if any, otherwise to Seller, within the time
given for inspection, in which case all deposit monies paid on account of purchase price will be returned promptly to
Buyer and this Agreement will be VOID.
181 Option 2 .
I. Accept the Property with the information stated in the report(s) and agree to the RELEASE set forth In paragraph 25 of
this Agreement, UNLESS the tota) cost 11> correct the conditions contained in the report(s) is more than
I) 5000.00. . .
2. If the tOlaI cost to correct the conditions contained in the report(s) EXCEEDS the amount speclflOd In paragraph 8(C)
(Option 2) I, Buyer will deUver the report(s) to Listing Broker, if any, otherwise to Seller, within the time
given fur inspection.
a. Seller will, within 5 days of receiving the repOlt(s), infbrm Buyer in writing of Selle(o choice to:
I) Make repairs before settlement so that the remaining cost to repair conditions contained in the report(s)
is less than or equal to me 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 amount specified in paragraph 8 (C) (Option 2) I. This option must be
acceptable 11> the moltgage londer, if any.
3) Not make repairs and nOI credit Buyer at settlement for any defects in conditions contained in the
report(s).
b. If Seller chooses to make repairs or credit Buyer at settlement as specified in palllgraph 8 (C) (Option 2) 2,
Buyer will accept the Propel\)' and agree to the RELEASE set fonh in paragraph 25 of this Agreement
c. If Sener chooses not to make repairs and nol to credit Buyer at selllement, or If SeDer fails to choose any
option within the time given, Buyer will, within days:
I) Accept the Property willi the informarion Stated in the report(s) and agree to the RELEASE set fbrth in
paragraph 25 ofthis Aareement. OR
2) Terminate the Agreement in writing by notice to Listing Broker, if any, otherwise 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.
9. WOOD INFESfATION CONTINGENCY (1-00)
o WAIVED. Buyer understands thar Buyer has the option to request that the Property be inspected fur. wood infestation by a
certified Pest Control Operator. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in paragraph 25 of
this Agreement
181 ELECTED
(A) Within 60 days of the execudon of this Agreement, Buyer, at Buye(s expense, will obtain a written "Wood.
Destroying Insect Infestation Inspection Report" from a certified Pest Controi Operator and will deliver it and all
supporting documents and drawings provided by the Pest Control Oporator to l.isting Brok.;r, If any, otherwise to Seller. The
report is to be made satisfactory 11> and in compliance with applicable laws, moltgage and lending institutions, andlor Federal
Insuring and Gu"",nteeing Agency requirements, if any. The inspection will include all readily visible and accessible aIllas
of all structures on the Property except the fullowinll structures, which will not be inspected:
(B) If the inspection reveals evidence of active lnfestation(s), Seller agrees, at Seller's expense and before settlement, to treat fur
active infeslation(s), in accordance with applicable law.. .
(C) If the inspection reveals damage from active infestalion(s) or previous infeslation(s), Buyer, at Buye(s expense, has the opdon
to obtain a written report by a profi:ssioQal contrac;;tor, home inspection service, or stn1ctural engineer that is limited to
Structural damage to the Property caused by wood.destroyinll organisms and a proposal 11> repair the damage. Buyer will
deliver the structural damage Illport and corrective proposal to Listing Broker, if any, otherwise to Seller, within
days of deliverina: the original inspection report
NS-2K . Standard Ag,...ment for The Sale Of Real !!atate, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS8 1998
Von;ion 6.02(5,S), ReaIFAST'" S_,. PUblishi"" Ine.. (e) 2000 Reg# PPAPAR22,2023. THOMAS S. MITROS,ABR,CRP. REIMAX HOMEFINOERS
8 tv."" L:lftA 06106/0011:15:16 _ ~_19
uye~s) Initials ~ -=w S.lIe~.) InilialS -it i
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(D) Within 5 days of receiving the structural damage report and corrective proposal, Seller will advise Buyer whether Seller will
18pair, at Seller'. expense and before settlement, any structural damage from active or previous infestation(.).
(E) If Seller chooses to repair structural damage revealed by the report, Buyer agrees to accept the Property as repaired and agrees
to 1I1e RELEASE set forth in paragJllph 25 of this Agreement
(F) If Seller chooses not to repair structural damage revealed by the report or fails to respond within the lime given, Buyer,
within 5 days of receiving Seller's notice, will notify Seller in writing of Buyer's choice 10:
I. Accept the Property with the defects revealed by the inspection, without abatement of price and agree to the RELEASE
sel forth in paragraph 25 of lIlis Agreement, OR
2. Make the repai~ before settlement, if "'quired by the mortgage lender, jf any, at Buyer's expense and wi1l1 Seller's
permission, which will not be unreasonably withheld, in which case Buyer accepts the Property and agrees to the
RELEASE set forth in pamglllph 25 of this Agreement. If Seller denies Buyer pennission to make the repairs, Buyer
may, within 5 days of SeUer's denial, terminate this Agreement If Buyer terminates Ihis Agreement, all deposit monies
paid on account of purchase price will be returned promptly to Buyer and this Agreement will be YOlO, OR
3. Terminate this Agreement, in which case all deposit monies paid on account of pUlChase price will be returned
promptly to Buyer and this Agreement will be YOID.
10. RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT NOTICE REQUIRED FOR PROPERTIES BUILT
BEFORE 1978 (1-60)
o NOT APPLICABLE
181 APPLICABLE
(A) Seller represents th.t: (check 1 OR 2)
181 I. SeUer has no knowledge concerning the presence of lead-based paint and/or lead-based paint hazards in or
aboul the Property.
o 2. Seller has knowledge of the presence of lead-based p.int and/or lead-based paint hazards in or about the
Property. (Provide the basis for determining that lead-based paint and/or hazards exist, the location(s), the
condition of die painted surlilces, and other .vailable information concerning Seller's knowledge of the
presence onead-based paint and/or lead based paint hazards.)
RecordslReports (check I OR 2)
181 !. Seller has no reports or records perlaining 10 lead-based paint andlor lead-based paim hazards in or about the
Property.
o 2. Seller has provided Buyer with all available ~cords and reports pertaining to lead-based paint and/or lead-based
paint hazards in or about the Property. (List documents)
(B)
(C)
(D)
Buyer's Acknowledgment
o I. Buyer has received the pamphletPrOleol Your FaJ/lily/rom Lead III YOllr Home and has read the Lead Warning
Statement contained in this Agreement (See Environmental Notices).
Buyer's Initials D.te
o 2. Buyer has reviewed Seller's disclosure of known lead-based paint andlor lead-based paint hazards, as identified
in paxagraph 10(A) and has received the records and repons pertaining to lead-based paint andlor lead-based
paint hazards identified in palllgl'aph 10(B).
Buyer's Inlti.ls Date
RISK ASSESSMENTIINSPECTION: Buyer acknowledlles that before Buyer is obligated to buy a residential dwelling
built befon: 1978, Buyer has a 10 day period (unless Buyer and Seller agree in writing to a different period oflime) to conduct
a risk assessment or Inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards.
WAIVED. Buyer unde~tands thaI Buyer has the right to conduct a risk assessmenl or inspection oflhe Property to determine
the presence of lead-based paint and/or lead-based paint hazards. BUYER WAIVES THIS RlGHT and agrees to the
RELEASE sel for1h in paragraph 25 of this Aglftment
ELECTED
1. Buyer, at Buyer's expense, chooses to obtain a risk assessmem andlor inspection of the Property for lead-based paint
andlor lead-based paint hazards. The risk assessment and/or inspection will be comple1ed within
days of the execution of this Agreement (insert "10" unless Buyer and Seller agree to a different period of time).
2. Within the time set IOrth .bove Ibr obtaining the risk assessment andlor inspection of the ProperlY for
lead-hased paint .nd/..r leael-based paint hazards, Buyer may deliver to Listing Broker, if any, otherwise to
Seller, a written list of the specific hazardous conditions cited in the report and those corrections requested by Buyer,
aloni witl) a copy oflhe risk assessment and/or inspection report
3. Seller may, within days of receiving the list and report(s), submit a writum corrective proposal to Buyer.
The corrective proposal will include, but not be limited to, the name of tI1e ~medlation company and a completion dale
for correctjve measures. Seller will provide certification from a risk assessOr or inspector that corrective measLlres
have been made satisfactorily on or before the 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
181
o
AIS_2K - Stlilncblrd AClteeftJent liar Th. SllIJ. Of ~eal Estate, 1/OQ COPYRIGHT PENNSYLVANIA ASSOClA TION OF REAL TORS6' 1998
Verslon 6.02(5.5), RNJFASie Softw.1Ire Publishing Inc.. (C) 2000 R~ PPAPAR222923. THOMAS s, MITROS,A8R,CRP, RElMAX HOMEFINDERS
Buyer(s)'I"itiIlle ~ ~ 06108/00 11:15;16 $$11"'(8) Initiel& ~of19
. , ~~-
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PAGE 07
25 of this Agreemen~ OR . .
b. Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase price wlll
be returned promptly to Buyer and this Agreement will be VOID.
S. Should Seller llIil to .ubmit a written corrective proposal within the time .et forll1 in paragraph 10(0)3 of this
Agreement, then Buyer, within S days, will: .
a. Accept lI1e Property in writing, and aeree to the RELEASE set forth in paragraph 25 ofthl' Agreement, OR .
b. Terminate lbis Agreement in writing, in which case all deposit monies paid on account of purchase price
will be returned promptly to Buyer and this Agreement will be VOID.
(E) Certification By signing this Agreement, Buyer and Seller certify the accuracy of their respective statements, to the best of
their knowledge.
11. RADON CONTINGENCY (1~0)
(A) Seller represents that: (check appropriate response(s))
[gI I. Se ner has no knowledge concerning the presence or absence of radon.
o 2. Seller has knowledge that the Property was tested on the dates, by the methods (e.g., charcoal canister, alpha !rack,
etc.), and with the results of all tests Indicated below:
DATE TYPE OF TEST RESULTS (picocurieslliter or worlcing levels)
COPIES OF ALL A V A1LABLE TEST REPORTS will be delivered to Buyer with this Agreement. SELLER DOES
NOT WARRANT EITHER THE METHODS OR RESULTS OF THE TESTS.
o 3. Seller has knowledge that the PlOperty underwent radon reduction measures on the date(s) and by the methodes)
indicated below:
DATE RADON REDUCTION METHOD
WAIVED. Buyer understands that Buyer has lbe option to request that the Property be inspected for radon by a certified
inspector (see Radon Notice). B UYER. WAIVES lHIS OPTION and agrees to the RELEASE set forth in paragnoph 25 of thi.
Agreement.
ELECTED
Buyer, at Buyer's expense, has lbe option to obtain, from a certiflCd inspector, a radon test of the Property and wiD deliver a
copy oflbe test report to Listing Broker, ifany, otherwise to Seller, within days of the execution ofthi.
Agreement. (See Radon Notice.)
1. If the test report reveals the presence of radon below 0.02 working levels (4 picocurieslliter), Buyer accepts the
Property and agrees to the RELEASE sot furth in paral!/1lph 25 of this Agreement
If the test report reveals lbe presence of radon at or exceeding 0.02 worlcing levels (4 picocurieslli~r), Buyer wil~
within days of receipt ofthe test results:
Option 1
a.
b.
~
o
(B)
2.
o
o
Option 2
a.
b.
c.
Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
Terminate this Ayeement in writing, in which case all deposit monies paid on account of purchase price will
be returned plOmplly to Buyer and this Agreement will be VOID, OR
Submit a written, corrective propo.al to Listing Broker, if any, otheJWi.e to Seller. The corrective proposal
will include, but not be limited to, the name of the certif..d mitigation company; provisions for paymen~
including reteSts; and completion date for c~ive measures.
I) Within 5 days of receiving lb. corrective proposal, Seller will:
a) Agree to lbe telJllS of the corrective proposal in writing, in which case Buyer accepts the Property
and agJO:es to the RELEASE set forth in parllgraph 25 of this Agreement, OR
b) Not agree to the teons of the corrective proposal
2) Should Seller not agree to the terms of the cOll'ective proposal or fail to respond within thetime given,
Buyer will, wilhin S days, elect to:
a) Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this
Agreement, OR.
Terminate this Agreement in writing, in which case all deposit monies paid on account of purchase
price will be returned promptly to Buyer and this Agreement will be VOID.
b)
Accept the Property in writing and agree to the RELEASE set forth in paragraph 25 of this Agreement, OR
Submit a written~ corrective proposal to Listing Brokerf if any, otherwise to Seller. The corrective proposal
will include, but not be limited to, the name of the. certiflOd mitigation company; provisions for paymen~
including retest.; and complellon date for coll'ective measures. Seller will pay a maximum of $
toward the total cost of remediation and retests, which will be completed by settlement
AlS-2K - Standard Agteement Far The Sal. Of ~eal EShlttI, 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORse 1991
V.~n 6.02(5,6), RHlFASTf> SOftWo\Ire Publishing Inc:., (C) 2000 Reg# PPAPAR222923, THOMAS $, MITROS,ABR,CRP, RElMAX HOMJ:FINOeRS
. ~ )'nlti~./tJI a:.~. 08106/0011:15:15 ~18
guye"s - ~ S.II.r(S)I"~liJiT
09/12/2001 04:14
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RE/MAX HOMEFINDERS
PAGE 08
12. STATUS OF WATER (1-00)
(A) Seller r~resents that this property is served by:
o Public Water
I8l 00-5 ire Water
D Community Water
D None
D
(B) WATER SERVICE INSPECTION CONTINGENCY
o WAIVED. Buyer acl<.nowledges 1I1at Buyer has 1I1e option to request an inspection of the waler service for 1I1e Property.
BUYER WAIVES THIS OPTION and agll'esto the RELEASE set forth in paragmph 25 of this Agreement
I8l ELECTED
1. Buyer has the option, withio 6Q days of1l1e execution of this Agreement and at Buyers expense, to deliver
to Listing Broker, if any, otherwise to Seller, a writteo inspection report by a qualified, professional water testing
company of the quality and/or quantity of the water service.
2. Seller agrees to locate and provide access to the on-site (or individual) water system, if applicable, at Seller's expense,
if required by the inspection company. Seller also agrees to restore the Property prior to settlement
3. If the report reveals that the water service does not meet the minimum standards of any applicable governmental
authority and/or fails to satisfY lbe requirements fur quality and/or quantity set by 1I1e mongage lender, if any, then
Seller will, within 5 days of receipt of the report, notify Buyer in writing of Seller's choice to:
a. Upglllde the water serv.ce to the minimum acceptable levels, before settlement, in which case Buyer accepts the
Propelty and agrees ID the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not upgrade the waler service.
4. If Seller chooses not to upgrade the water service to minimum acceptable levels, or fails to respond within the time
Iliven, Buyer will, within 5 days, either:
a. Accept the Propeny and the warer service and, if required by the morlgage lender, if any, and/or any
governmental authority, upgrade the water service befure settlement or within the time required by the mortgage
lender, if any, and/or any governmenlal authority, at Buyer's expense and with Seller's permission, which will
not be unreasonably withheld, and agree to the RELEASE set forth in paralll"ph 25 of this Agreement. If Seller
deni.. Buyer permission to upgrade the water service, Buyer may, wilbin 5 days of Sellers denial, terminate
this Agreement. If Buyer terminates this Agreeement, all deposit monies paid on account of purohase price
will be returned promptly to Buyer and this Agreement will be VOID, OR
b. Terminate 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 VOID.
13. stATUS OF SEWER (1-00)
(A) Seller represents that Property is served by:
D Public Sewer
I8l Individual On-lot Sewage Disposal System (See Sewage Notice 1)
D Individual On-lot Sewage Disposal System in Proximity to Well (See Sewage Notice I; see Sewage Notice 4, if
applicable)
o Community Sewage Disposal System
D Ten-acre Pennit Exemption (See Sewalle Notice 2)
D Holding Tank (See Sewage Notice 3)
o None (See Sewage Notiee I)
o None Available/Permit Limitations in Effect (See Sewage Notice 5)
D
(B) INDIVUlUAo,L ON-LOT S~W AGE DISPOSAL INSPECTION CONTlNGENCY
o WAIVED. Buyer acknowledges lbat Buyer has the option to request an individual on-lot sewage disposal inspection of the
Property. BUYER WAIVES THIS OPTION and agrees ID the RELEASE set forth in paragraph 25 of this AgIl'ement
AlS-2K . Standard ,Agr..ment For The Sal. Of Real E$iMe. 1100 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TOA$(8) 1l:i98
Verakm &.02(5,5). RnlP'ASTCt Sofwm,.. pu,blishil"lQ 1ftc-. (I;:) 2OQO Reg# PPAPAA22Z$23. THOMAS S. MITROS,ABR,CRP, REIMAX HOMEFINOEl'tS
JlIfZ (;}:vA. DelO6lO0 11:15:16 P'f:)J'l19
Buyer(s) Initiols ~ -/..lW Soller(.) Initi.'s ~ ~
(/.1'4
I) If the IDtal cost of remediation and tereSls EXCEEDS the amount specified in paragDIph 11(9) (Option 2) b,
SeUer wil~ wilbin 5 days ofJ:CCeipt of the coS! of remediation, notifY Buyer in writing of Selle!'. choice to:
(a) Pay fur the total cost of remediatien and reteslS, in which case Buyer accepts lbe Property
.nd agrees to the RELEASE set forth in p.ragraph 25 of this Agreement, OR
(b) Not pay for the total cost of remediation and retests.
2) If Seller chooses oot to pay for the tolal cost of remediation and retests, or if Seller
fails to choose either option within the time given, Buyer will, within 5 days, notify Seller
in writing of Buyer's choice to:
a) Pay 1I1e difference between Sellers contribution to remediation and retesls and lbe actual CO.SI
thereof, In which case Buyer accepts the Property and agrees to the RELEASE set forth lD
para~aph 25 of this Agreement, OR
b) Tenninate this Agreement, in which case all deposit monies paid on account of purchase price
will be relUmed promptly to Buyer and this Ag!llement will be VOID.
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PAGE 09
1&1 ELECTED
1. Buyer has the option, within 60 days of the execution oflhis Allreement and at Buyer's expense, to deliver
to Listing Broker, if any, otherwise to Seller, a written inspection report by a qualified, professional inspector of the
individual on-lot sewage disposal system.
2. Seller agrees to locate and provide access to the individual on-lot sewage disposal system, and, if required by the
inspection company, empty the septic tank, at SeUer's expense. Seller also agrees to restore the Prop.lty prior to
settlement.
3. If the report reveals defects that do not require expansion or replacement of the existing sewage disposal system, Seller
will, within 5 days of receipt ofthe report, notify Buyer in writing of Seller's choice to:
a. Com,ct the defects before settlement, inCluding retests, at Seller's expense, in which case Buyer accepts the
Propelty and agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Not correct the defects, or if Seller faUs to respond within the time given, Buyer will, within
f days, either:
I) Accept tile Property and the sysrem and, if required by the mortgage lender, if any, andlor any
governmental authority, cowect the defects before settlement or within the time required by the mortgage
lender, if any, andlor any governmental authority, at Buyer's sole expense and wi1l1 Seller's permission,
which will not be unreasonably withheld, and agree to tbe RELEASE set !Orth in paragraph 25 of this
Agreement. If Seller denies Buyer pennission to correct the defects, Buyer may, wi1l1in 5 days of Seller's
denial, renninate this Agreement. If Buyer terminates this AglUment, all deposit monies paid on account
of purchase price will be retumed promptly to Buyer and this Agreement will be YOID, OR
(2) Tenn.inate this Agreement in writing, in which case aU deposit monies paid on account of pUl'chase price
will be returned promptly to Buyer and thls Agreement will be VOID.
4. If the report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may,
within 5 days of the report, submit a corrective p[Qposa! to Selling Broker, jf any, otherwise
to Buyer. The corrective proposal will include, but not be limited to, rhe name of the remediation company; provisions
for payment, including retests; and completion date for cowective measures. Within 5 days of receiving Seller's
corrective proposal, or if nO corre<:tive proposal is received within the time liven, Buyer will:
a. Agree to the terms of the corrective proposal, if any, in writing, in which case Buyer accepts the Property and
agrees to the RELEASE set forth in paragraph 25 of this Agreement, OR
b. Accept the Property and 1I1e system and, if required by the mongage lender, if any, andlor any governmental
authority, correct the defects before settlement or within the time required by the mongage lender, if any, andlor
any govemmental authority, at Buyer's sole expense and with Seller's pennission, which will not be
unreasonably withheld, and agree to the RELEASE set for1h in p....agraph 25 of this Agreement. If Seller denies
Buyer permission to correct the defects, Buyer may, within 5 days of Seller's denia~ terminate this Agreement.
If Buyer tcnninatss this Agreement, all deposit monies paid on account of purchase price will be returned
promptly to Buyer and this Agreement will be YOlO, OR
c. Terminate this Agreement in writing, in which case all depo.it monies paid on aCCOunt of purchase price will
be returned promptly to Buyer and this Agreement will be YOID.
14. NOTICES, ASSESSMENTS & CERTmCATES OF OCCUPANCY (1.00)
(A) SeUer represents as of Seller's execution of this Agreement, thar no public improvement, condominium or homeowner
association assessmenrs have been made against the Property which remain unpaid and that nO notice by any government or
public authority has been served upon Seller or anyone on Seller's behalf, inclUding notices relating to vlolatioos of zoning,
housing, building, safety or fire ordinances which remain uncorrected, and that Seller knows of no condition that would
constitute violation of any such ordinances which remains uncorrected, unless otherwise specified here:
(B) Seller knows of no other potential notices (including violations) and assessments except as follows:
(C)
In the event any notices (inc ludlng vlolatlons)andassessrnentsarereceived afteroxocution of this Agreement and befor. settlement,
Seller will notify Buyer in writing, within 5 days of receiving tbe notice or assessment, that Seller will:
1. Comply with notices and assessments at Seller's expense, in which ease Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 ofthis Agreement, OR
2. NOT comply with notice. and assessments at Seller's expense, in which case Buyer will notify Seller within 5 days in
writing that Buyer will:
a. Comply with the notices and assessments at Buyer's expense and agree to the RELEASE set forth in p....agraph
25 of this Agreement, OR
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be retUl'ned
promptly to Buyer and this Agreement will be YOlO.
If Buyer fails to notify Seller withill the time given, Buyer accepts the Property and agrees to the
RELEASE set forth in paragraph 25 of this Agreement
Buyer is advised that access to a public road may require luuanee of . highway occupancy penn it from the Department of
Transportation.
Ifrequired by law, within 10 days of the execution ofthis Agreement, Seller will order for delivery to Selling Broker, if
(D)
(E)
AI$-~K - Standard Agl'1Hlrnent For the Sale Of R..I E&tiI., 1100 COPYRIGHT PENNSYLVANIA ASSOCIA TIQN OF REAL TOR~ 19518
V...ion a.OZ(5.5). ReaIFAsT* Saflwarv Publi$hlng Ino.. (e) 2000 Roll"l PPAPAR2ZZ923, THOMAS S. MITROS.ABR.CRP. REIMAX HOMEFINDERS
iLtr;1 ~~ 0610eI00'1:,S:16 ~
Suyer(II) 11l~ ~ ~ Sel.ler($) Il1itiall f 19
.. I.I;J
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PAGE 10
any, otherwise to Buyer, on or before senlement, .
I. A certification from the appropriate municipal department or departments disclosing notice of any uncorrected violation
of ;zoning, housing, building, safety or fire ordinances, AND/OR
2. A certificate permitting occupancy of the PropeMy. In the event repairs/improvements are required for the issuance orthe
cerificate, Se ner will, within 5 days of SeUers receipt of the requirements, notify Buyer ofthe requirements and whether
SeUer will make the required repairs/improvements at SeUer's expense.
If Seller chooses not Il:> make lhe required repairs/improvements, Buyer will, within 5 days, notify Seller in writing of Buyer's
choice to terminate lhis Agreement OR make the repairs/improvements at Buyer's expense and with Seller's permission,
which will not be unreasonably withheld. If Seller denies Buyer permission to make the required repairs, Buyer may, within
~ days of Seller's denial, lerminate this Agreement. If Buyer terminates this Agreement, all deposit monies paid on account
of purchese price will be returned promptly to Buyer and this Agreement will be VOID.
15. TITLE, SURVEYS, & COSTS (l..QO)
(A) The PropeMy is to be conveyed free and cle... of all liens, encumbrances, and easements, EXCEPTING HOWEVER the
following: existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinanoes,
easements of roads, easemenlS visible upon the gJOund, easements of record, privileges or rights of public service oompanies,
if any; otherwise the title to the above described real estate will be good and marketable and such as will be insured by a
reputable Title Insurance Company lit the regular rates.
(B) In the event Seller is unable to give a good and rna~etable title and suoh as will be insured by a reputable Title Company at
the regular rates, as specified in p...agraph I S(A), Buyer will have the option of taking such title as Seller can give without
changing the price or of being repaid all monies paid by Buyer to Seller on acoount of purchase price and Seller will
reimburse Buyer fur any costs incuD'ed by Buyer for those items specifled in paragraph IS(C) and in paragJaph 15(D) items
(1), (2), (3); and in the latter event there will be no further liability or obligation on either of the parties hereto and this
Agreement will become VOID.
(C) Any surveyor surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation
ofan adequate legal descriplion of the PropeMy (or the COD'eclion thereot), will be seoured and paid for by Seller. However,
any surveyor surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer.
(D) Buyer will pay fur the fullowing: (I) The premium for mechanics lien inswanoe and/or title search, or fee for canoellation of
same, if any; (2) The premiums for flood insurance andlor fire insurance with extended coverage, insurance binder charges or
cancellation fee, if any; (3) Appraisal fees and oharges paid in advance to mortgage lender, if any; (4) Buyer's customary
settlement costs and accruals.
16. ZONING CLASSIFlCATION (I..QO)
Failure of this Agreement to contain the zoning classification (except in cases where lhe propeMy {and eaoh parcel thereof, if
subdividable} is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at the option
of the Buyer, and, if voided. any deposits tendered by the Buyer will be returned to the Buyer without any requirement for
court action.
Zoning Classification:
o ELECTED. Within days of the execution of this Agreement, Buyer will verify that the existing use of the Property
as is permitted.
In 1I1e event the use IS not permittecl, Buyer will, within the time given for veriftcatlon, notify Listing Broker, if any,
otherwise Seller, in writing that the existing use of the Property is not permitted and this Agreement will be VOID,
in which oase all deposit monies paid on account of purchase prioe will be retumed promptly 10 Buyer. Buyer's failure to
respond within the lime given will constitute 8 WAIVER of this contingency and all otber terms of this Agreement
remain in full force and effect.
17. COAL NOTICE
181 NOT APPLICABLE
o APPLICABLE
THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND
RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE
OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL
AND IN THA TCONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING
OR OTHER STRUC11JRE ON OR [N SUCH LAND. (This notice is set forth in the manner provided in Seotion 1 of the Act of
July 17, 1957, P.L. 984.) "Buyer acknowledges that he may not be obtaining the right ofprOlectlon against subsidenoe resulting
from coal mining operations, and that the propeMy described herein may be protected from darnaae due to mine subsIdence by a
private contract with the owners of the economio interests in the coal. This acknowledgment is made for the purpose of complying
with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of Apri127, 1966." Buyer
agrees to sign the deed from Seller which deed will contain the aforesaid provision.
18. POSSESSION (1-98)
(A) Possession is to be delivered by deed, keys and:
I. Physical possession to a vacant building (if any) broom-ciean, free of debris at day and time of settlement, AND/OR
2. Assignment of existing lease(s), Il:>gelher with any seourity deposits and interest, at time of settlement, if Property is
tenant-occupied at the execution of this Agreement or unless otherwise specified herein. Buyer will acknowledge
AlS-.2K - Sbndillrd Agreement For The S,,'e Of Fteal Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSII199B
Vei'\Wn 8.02(5,5), RealFASTe Software Publishing Inc.. (C) 2000 Reg_ PPAPAR22292::1, THOMAS S. MITROS,A8R.CRP. REJMAX HOMEFINDfRS
A..1~n 06106I0011:15:16 ,W19
Buyor(s) InitiOlS r:i!UlI( PII7 Seller(s) ;;oJ~ --if. ~
22.
23.
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19.
existing lease(s) by initialing said leases(s) at time of signing of this Agreement, if Property is tenant-occupied.
(B) Seller will not enter inm any new leases, written extension of existing leases, if any. or additional leases fur the Property
without expressed written consent of Buyer.
RECORDING (3-85) This Agreement will not be recorded in lbe Office for the Recording of Deeds or in any other office Or place
of public record and if Buyer causeS or permils this Agreement to be recorded, Seller may eJect to treat such act as a breach of thIs
Agreement.
ASSIGNMENT (3-8S)This Agxeement will be binding upon the parties, their respective heirs, personal representatives, guardians
and successors, and to the extent assignable, on the assigns of the parties hereto, it being ""pressly understood. however, that Buyer
will not transfer or assign this Aifeement without the written consent of Seller.
DEPOSIT &; RECOVERY Fl.1ND (I~O)
(A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashie~s or certified check. Deposits, regardless of the
form of payment and the person designated as payee, will be paid to Broker or pony identified in paragraph 3(F), who will retain
them in an escrow account unIU consummation or lermination of this Agreement in conformity with all applicable laws and
regulations. Any uncashed check tendered as deposit may be held pending the acceptance of this offer.
(B) In the event of a dispute over entitlement to deposit monies. a broker holding the deposit is required by the Rules and
Regulations of the Slate Real Estate Commission (49 l'a. Code ~35.327) to retain the monies in escrow until the dispute is
resolved. In the event of litigation for the return of deposit monies, a broker will distribute the monies as directed by a final
order of court or lbe written Agreement of the parties. Buyer and Seller agree that, in the event any broker or affiliated licensee
is joined in litigation for the return of deposit monies, the anomeys' fe.. and costs of the broker(s) and licensee(s)
will be paid by the party joining them.
(C) A Real Estate RecoveIY Fund exists to reimbur.;e any persons who have obtained a final cival judgment againS! a
PeMsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been
unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call
(717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783.4854 (outside Pennsylvania).
CONDOMINIUM I PLANNED COMMUNITY (HOMEOWNER ASSOCIATION) RESALE NOTICE (1-00)
Q1:I NOT APPLICABLE
o APPLICABLE: CONDOMINIUM
Buyer aCknowledges that the Property is a unit ofa condominium that is primarily run by a unit owners' association. fi34070fthe
Unifurm Condominium Act of Pennsylvania requires Seller to furnish Buyer with a Certificate of Resale and copies of
the condominium declaration (other than plats and plans), the bylaws, and the rules and regulations of the association.
o APPLICABLE: PLANNED COMMUNI1Y (HOMEOWNER. ASSOCIA nON)
Buyer acknowledges that the Property is part of a planned community as defined by 1I1e Uniform Planned Community Act
(See Deflllition of Planned Community Notice for the definition contained in the Act). ~5407(a) of the Act requires Seller to
furnish Buyer with a copy of the Declaration (other than plats and plans), the bylawS. the rules and regulations of the
assoc iation, and a Certificate containing the provisions set fonh in ~5407(a) of the Act
(A) Within days of the execution of this Agreement, Seller will submit a request to the association for a Certificate of
Resale and the documents necessary to enable Seller to comply with the Act. The Act provides that the ..sociation is required
to provide these documents within 10 days of Seller's request
(5) Under me Act, Seller is not liable to Buyer for the faUure or delay. of the association to provide me Certificate in a timely
manner, nor is Seller liable to Buyer for any erroneous information provided by the association and included in the Certificate.
(C) Buyer may declare this Agreement VOID at any time before Buyer's receipt of the association documenTS and for 5 days
thereaftl!r, OR until settlement, whichever occurs fir.;t Buyer's notice declaring the Agreement void must be in writing;
thereafter all deposit monies will be retumed to Buyer.
(D) In the event the association has the right to buy the Property (right of first refusal), and the association exercises that righ~
Seller will reimburse Buyer for all monies paid by Buyer on account of purch..e price and for any costs incurred by Buyer
for: (I) The premium for mechanics lien insurance and/or litle search, or fee for cancellation of same, if any: (2) The
p"'miums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if
any: (3) AppIBisal fees and charges paid in advance to mongage lender, if any; (4) Buye"s customary settlement costs and
accruals.
MAINTENANCE &; RISK OF LOSS (1-00)
(A) Seller will maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its pll!sent
condition, normal wear and tear excepted.
(8) In the event any system or appliance included in the sale of the Property faiis and Seller does not repair or replace the item,
Seller will promptiy notify Buyer in writing of Seller's choice to:
I. Repair or replace the fililed system or appliance before senlement orcredjt Buyer at senlement for the fair market value
of the fililed system or appliance (this option must be acceptable to the mortgage lender, if any). In each case, Buyer
accepts the Property and agrees to the RELEASE set faith in paragraph 25 of this Agreement, OR
2. Make no repairs or replacements, and not credit Buyer at settlement for the fair market value of the fuiled system or
applillnce. in which case Buyer will notifY Seller in writing within 5 days or before settlement, whichever is sooner,
that auyer will:
a. Accept the Property and agree to th.. RELEASE set forth in paragraph 25 of this Agreement, OR
b. Terminate this Agreement, in which case all deposit monies paid on account of purchase price will be returned
20.
21.
A1S-2K - St.nchlrd Ag"'.l\'\lf!nt For The Sale Of R..J Ii.tlte. 1JOD COPYRIGHT PENNSYLVANIA ASSOClAl'ION OF REAL TORS4D 199B
V8f8ion 6.02(5,5), RHIFA$Te Softml"" Pvbll.shir'lg Inc" Ie) 2000 RegM: PPAPAR222923, THOMAS S. MITROS,ABR.CRP. REIMAX HOMEFINOeRS
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24.
promptly to Buyer and this Agreement will be VOID.
(C) Seller wiU bear risk of loss from r..e or other casualties until time.of settlement. In the event of damage by fire or other
casualties to aoy property included in this sale that is not repaired or replaced prior to settlement, Buyer will have the option
ofrescindiog this Agreement and promptly receiving all mooies paid on account of purchase price or ofaccepting the Property
in its then condition together whh the proceeds of IIIlY insurance recove!)' obtainable by SeUer. Buyer is hereby notified that
Buyer may insure Buyer's equitable int.,."s! in this Property as of the time of e~ecution of this Agreement
WAIVER OF CONTINGENCIES (I-DO)
In the event this Agreement Is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to e~ercise aoy
of Buyer's options within the time 8milS specified in the contingency provision(s) ",UI constitute a WAIVER of that
contingency and Buyer accepts the Property and agrees to the RELEASE set forth In pal'agraph 25 of this Agreement,
RELEASE (I-DO) Buyer hereby releases, quit dalms and forever dischargos SELLER, ALL BROKERS, their LICENSEES,
EMPLOYEES, and any OFFICER or PARTNER of anyone of them and any other PERSON, FIRM, or CORPORATION
who may be liable by or through them, from any and all dabos, losses or demands, inchldin&, but not limited to, personal
injuries and property damage and all of the consequences thereM, whether nOW known Or not, which may arise from the
presence of termite. or other wood-boring in.ects, radon, lead-based paint huards, environmental hazard., any defeeb in
the Individual on-lot sewage disposal system or deficiencies in the on..ite waler service oystem, or any defects or condition.
on the Property. This release will survive setdement
REPRESENTATIONS (1-00)
(A) Buyer understands that any representalions, claims, advertising, promotional activities, brochures or plans of any kind made by
Seller, Brokers, their licensees. employees, officer. or partners an!: not a part of this Agreement, unless e"pressly
incorporated or stated in this Agreement.
(B) It is ulldentood that Buyer ha. inspected the Property before signing thi. Agreement (Including fixtu.... and
any personal property specincaUy scheduled herein), or bas waived the right to do so, and has agreed to plU'chase It in
its present condition unless otherwise Slated in thi. Agreement, Buyer acknowledges that Broker., their licensees,
employees, officers or partners have not made an independent examination Or determination of the structural
soundlless of the Property, the age or condItion oflhe components, environmental conditions, the permitted uses, or of
conditiON existing in the locale where the Property Is situated; nor have they made a meehanical inspection of any of
the oystem. contained therein.
(C) It is furtber underStood that this Agreement contains the whole agreement between Seller and Buyer and there are no other
terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning
this sale. Furthermore, this Agreement will not be altered, amended, changed, or modified except in writing executed by
the parties.
(D) Tbe headings, captions, and line numbeJ'$ in this Agreement are meant only 10 make it easier to find the paragraphs.
TIME OF THE ESSENCE- DEFAUL T (HlO)
The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are
hereby agreed 10 be oflhe essenee ofthis Agreement. 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 oflbe time period. Should Buyer:
(A) Fail to make any additional payments as specified in paragraph 3; OR
(B) Furnish false or incomplete information to Seller, Listing Broker, Selling Broker, or the mortgage lender, if any, concerning
Buyets legal or financial status, or filiI to cooperate in the processing of the mortgage loan application, which acts would result
In the failure to obtain the approval of a mor1gage loan commitment; OR
(C) Violate or fail to fulfill and perform any other term. Or conditions of this Agreement;
1I1en in such case, s..lIer has the option of retaining all sums paid by Buyer, including the deposit monies, 1) 00 ""count of
purchase price, or 2) as monies to be applied to Seller's damages, or 3) as liquidated damages for such breach, as Seller may
elect, unless otherwise checked below.
o Selier is limiuod to retaining sums paid by Buyer, including deposit monies, as liquidated damages.
Is Seller elects to retain all sums paid by Buyer, including depos it monies, as liquidated damages, Buyer and Seller will be
released from further liability or obligation and this Agreement will be VOID.
BROKERS (I~O) The Business Relationships between 1I1e Brokel(s) and Seller and Buyer are as follows, UNLESS a different
relationship is checked below.
(A) The Listing Broker is Agent for Seller.
(B) The Selling Broker is Agent fOr Buyer.
(C) When the Listing Broker and Selling Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all
licensees, UNLESS there is a Designated Agent(s) for Seller and a Designated Agent(s) for Buyer. If the same Licensee is
designated for Seller and Buyer, the Licensee is a Dual Agent
A Business Relationship exists that is different from above, as follows:
8 The Selling Broker is the Agent/Subagent for Seller.
The Selling Broker is a Transaction Licensee.
o The Listing Broker is a Transaction Licensee.
(D) Broker(s) may perform services to assist unrepresented parties in complying wit/) the terms ofthis Agreement.
MEDIATION (7-96)
o 'NOT AVAILABLE
25.
26.
27.
28.
29.
AIS-2K,. S~nd8rd Ag,...m.m For The 881. 0' ~.al E9.tIIte. 1/00 COPYRIGHT PENNSylVANiA ASSOCIATION OF REAl TORSI) 1998
V....iOn 8.02(6.5). FlealFASTlD SOftware Publishing Inc., <el 2000 FleQliO PPAPAFI222923. THOMAS S. MITFlOS.ABFI.C"P. FlE/MA)( HOMEANDEFlS
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181 WAIVED. Buyer and Seller understand that they may choose to mediate at a later date, should a dispute arise, but that there
will be no obligation on the pan of any party to do so.
D ELECTED
(A) Buyer and Seller wiU try to resolve any dispule or claim that may arise from this Agreement through mediation,
in accordance with the Rules and Procedures of the Home Selleallium. Bllyers Dispute Resolution System. Any
agreement ",ached through a mediation confe",nce and .igned by the parties will be binding.
(B) Buyer and Seller acknowledge that they have received, read, and understand the Rules and Procedures of the Home
SellersIHome Buyer. Dispute Resolution Sy.tem. (See Mediation Notice.)
(C) This agreement to mediate disputes arising from this Agreement will survive settlement
Buyer and SeUer acknowledge that they have Radand understanl! tlte notices and explanatory information .eHorth in this Agreement
Buyer acknowledges receiving a copy of this Agreement at the lime of .igning.
NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by fill:simile
transmission (FAX) of this Agreement, and aU addenda, bearing the signatures of aU partIes, constitutes acceptance
of this Agreement. Parties to this transaction are advi5ed to consult an attorney before signing if they desire legal advice.
~IT~Es~~ff)
WIT~~ f2f2-
BUYER
Ant.hony J auzze
3819 In9'oman
. O~A
D~
20015
~
a~:~~a ~-?1t~. DATE
3819 Ingoman St., Waaningt.on, DC 20015
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Seller hereby approves the above conlract this (date)
and in consideration of the services rendered in procuring the Buyer, Seller agree. to pay the named Listing Broker a fee of
of/from the herein specified sale price. In the event the Buyer defaults hereunder, any monies paid on account will be divided
, Seller, , Listing Broker, but in no event will the .um paid 10 Listing Broker be in excess
of the above specified Broker'S fee.
r~~-----~""'- 11...../ ~
WIT~ESS~::::-P- . SELLER AAI{p~1 / . / .'
Helen T snyder /
575 Newville Road, NQwburg,
DATE
SELLER
J Rob.."t
575 N
PA 17240
~ DATE
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wITNESS
~.s~
Newbu.z:9, PA
17240
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Brokers'iLkellS_' Certification. (check all thaI are applicable):
D ~egardin.ll L~ad.Ba'ed. Paint Hll:ulrd. Dilclosure: Required if Property was built before 1978: The undersigned Licensees
Involved In thIS transaction, on behalf of themselves and their brokers, certifY that tbeir statements are true to tbe best of their
knowledge and belief.
AckDow~edglltent: :rhc Licen.ee. i,!volved in this tran.acdon have informed Seller of Seller'. obligations under The
ResIdentIal Lead Paint Hazard Reduction Act, 42 U.S.C. 4852(d), and are aware of their responsibility to ensure compliance.
D Regarding FHA Mortgages: lbe undersigned Licensees involved in this transaction, on behalf oflbemsel"es and the if brokers,
A/S-2I( - Standard Ag....".n! For The S.I. Of Rial estate. 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TOR5e 1908
V\nlUl'l O.02tD,D), PtulF'A3TGl ~re f"l'ubli!3hinS Inc., (0) 2000 FlegM: PPAPAR2:z2023, THOMAS $. Mlt~OS.AaR.CRP. RElMAX HOMEFINOERS
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certify that the terms of this contract for purchase are We to the best of their knowledge and belief, and that any other
agreemeot entered into by any of these parties in connection with this transaction is attached to this Agreement.
o
Regarding Mediation: The undersigned 0 Listing Broker 0 Selling Broker
agree to submit to mediation in accordance with paragraph 29 of this A reemeot.
W~~~
DATE
LISTING BROKER (Company Name)
ACCEPTED BY
SELLING BROKER (Company Name)
ACCEPTED BY
DATE
,AlS-2K - Stand_rei Agreement Fa" The .!IIal. Of Real E_tate. 1100 COPYRIGHT PENNSYLvANIA ASSOCIATION OF REAL TORS8l1998
:::)el::5~A$~1. Publishing Inc.. (e) ~ooo Reg<I PPI\P~::~ ~:~:: S. MITROS,AllR,CRP. REJMAX HOMEFINDE:'.'I&> Initio;. ~
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NOTICES AND INFORMATION
INFORMATION REGARDING THE SELLER'S PROPERTY DISCLOSURE ACT
Generally speakina, the Se lIer's Property Disclosure Act applies 10 any sale, exchange, installment sales connct lease with an option to
buy, or transfer of an interest in real estate where not less tban one and not more than four residential dweUing units are involved.
The Act stipulates that cenain disclosures have to be made and delivered in a form def'med by the Act, before an agreement of sale is
signed.
The Act defines nine exceptions, whele the form does not have to be used.
1. Transfe" that are the result of a court order.
2. Transfers to a mortgage lender that result from a buyer's defilUlt and subsequent foreclosure sales that resuh from default.
3. Transfe" by a fiduciary during the administration of a decedent estate, guardianship, conservatorship or trust
4. Transfers from a co-owner to one or more other co-ownerS.
5. Transfers made to a spouse or a direct descendant
6. Transfers between spouses that result from divorce, legal sq>anotion, or property settlement
7. Transfers by a corporation to its sharebolders as part of a plan of liquidation.
8. Transfers by a partnership to its partners as part of a plan of liquidation.
9. Transfe" of new COnSlnlction that has never been occupied when:
a. The buyer has received a one-year wril1en warranty covering the constlUction;
b. The building has been inspected for compliance with the applicable building code or, If none, a nationally recognized
model building code; and
c. A certificate of occupancy or a certincate of code compliance has been issued for the dwelling.
In addition to these exceptions, the Act limits the disclosure in the cases of condominiums and cooperatives to the selle~s particular unit. It
does not impose disclosures regan1ing common arell$ or tacilities; those element$ are already addressed in the laW$ that govern the resales
of condominiums and cooperative intere5l!;.
NOTICE TO BUYERS SEEKING FINANCING
The appraised value of the Property i. used in detennining the maximum amount of the loan and may be different from the
pun:hase price and/or market value.
NOTICES AND INFORMATION ON PROPERTY CONDITION INSPECTIONS
U.s. Department ofHousina and Urban Development
mA Loans:
For Your Protection: Get a Home Inspection
What the FHA Does For Buyers...and What We Don't Do
What We do: FHA he Ips people become homeowner.; by insuring mortgages' for lenders. This allows lenders to offer mongages to
fl/'St-time buyers and others who may not qualify for convetional loans. Because the FHA insures the loan for the lender, the buyer
pays only a very low down-payment.
What we don't do: FHA does not guarantee 1I1e value or condition of your potantial new home. If you find problems with your new
home after closing, we cannot give or lend you money for repairs, and we cannot buy the home back from you.
Thai's why it i$ so important for you, the buyer, to get an independent home inspection. Before you sign a contrac~ ask a qualified
home inspector to inspect your potential new home and give you the infonnation you need to make a wise decision.
Appraisals aod Home Inspections are Different
As part of our job insuring the ioan, We require that the lender conduct an FHA appraisal. An appraisal 1$ different from a home
inspection. Appraisals arc for lenders; home insp~ions m for buyers. The lender does an appraisal for three reasons:
. To estimau: the value of a house
. To meke sure that the house meets FHA minimum property standard$
. To make sure that the house is marketable
Appraisals are not home inspections.
Why a Buyer Needs a Home Inspeelion
A home inspection gives the buyer more detailed information than an appraisal - information you need 10 make a wise decision. In a
bOrne inspection, a qualified inspector takes an in-depth, unbiased look at your potential new home to:
AIS-2K. Standard Ag....m.nt For TNt Sill. Of R.N.1 Estate, 1/00 COf'VRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR$lIl199B
VlIl'Slon ",D2(5,5), RHIFA$"RD Softwarv PubliShing Inc., (e) 2000 RegILI: PPAPAR2229,2S, THOMAS S. MITROS.A8R.CRP. REIMAX HOMEFINDERS
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Evaluate the physical condition: structure, construction, and mechanical systems
Identify items that need to be repaired or replaced
. Estimate the remaining usefutlife of the major systems, equipment, structure, and finishes
What Go.. into a Home Inspection
A home inspection gives [he buyer an impartia~ physical evaluation of the overaU condition of the home and items that need to be
repaired or replaced. The inspection gives a detailed report on lhe condition of the stn1cturaJ components, exterior, roofing, plumbing,
electrical, heating, insulation and ventilation, air conditioning, and interiors.
Be an Informed Buyer
It is your responsibility to be an informed buyer. Be sure that what you buy is satisfactory in every respect. You have the right to
carefully examine your potential new home wlrh a qualified home inspector. You should arnmge ID have a home inspection before
you purchase your home. Make sure your contract states that the sale of the home depends on the inspection.
If you be lieve you have been subject to discrimination because of your race, color, religion, sex, handicap, moilia) status, or national
origin, you should caU the HUD Fair Housing and Equal Opponunity Complaint Hotline: (800) 669-9777.
This stalemant must be delivered to you at the time of initial loan application. Return one copy to your lender as proof of notification
and keep one copy for your records.
You, the borrower(s), must be certain that you understand the transaction. Seek professional advice if you are uncertain.
PROPERTY INSPECTION NOTICES
Property Inspection: A general inspection of the Proper1;y can be performed by a professional contractor or home inspection service and
may include inspections of: structural components; roof; exterior windows and exterior doors; exterior siding, fascia, gullets. and
downspouts; appliances; electrical, plumbina. heating, and cooling systems; water penetration; and any other items Buyer may select
Inspections or certifications might include: Environmental Hazards (e.g., Asbestos, Ureafurmaldehyde Foam Insulation, Underground
Storage Tanks, etc.), Electromagnetic Fields, Wetlands Inspection, Flood Plain Verification, Property Boundary/Square footage
Verification, and any other items Buyer may select. Buyer is advised to investipt. easements, deed and use restrictions (including any
historic preservation restrictions or ordinances) that apply to the Propeny and to review local zoning ordinances.
Flood Plains: If the Propeny is located in a flood plain, Buyer may be required to cany additional insurance.
Properly Boundary/Square Footalle: Buyer is advised that Seller has not had 1I1e Property surveyed and that any fences, hedges, walls
and other na1lll'a1 or constructed barriers mayor may not represent 1I1e true boundary lines of the Property. Buyer is also advised that any
numerical representations of squ.... footage of the sttucture(s} and/or lot size are approximations only and may be inaccurate. Buyer is
advised to engage a professional surveyor or obtain an independent measurement of 1I1e strucrure(s) andlor lot size if Buyer wishes to
make this sale contingent on Buyer's approval of the Property's boundaries or square footage.
Water Se{V;ce: Buyer may elect to have the water service inspecled by a professional water lesting company. In addition, on-slte water
service systems may have to meet certain quality andlor quantity requirements set by the municipality or the lender.
Wood-Destroying Insect IDfestatlon: Insects whose primary SOUlCe of food is wood, luch as termites, wood-boring beetles, carpenter
ants, carpenter bees, and certain other insects, can cause damage to the wood structure of a residence. Termile and Pest Control companies
are available to make inspections to determine whelher wood-destroying Insects are present. Because of the way these insects function.
damage to wood may be hidden. Careful selection should be made of skilled expet1S in the termite/pest control field to insure a proper
determination of whether wood.boring insects or resultant damage is present
ENVIRONMENTAL NOTICES
Asbestos: The heat-resistant and durable nature of asbestos makes it useful in construction and industry. The physical properties that give
asbestos its resistance to heat and decay are linked with several adverse human health effects. Asbestos can easily break into microscopic
fibers that can remain suspended in the air for long periods of time. When inhaled, these fibers easily penetrate body tissue. Asbestos is
known to cause Asbestosis and various forms of cancer. Inquiries or requests for more information about asbestos can be directed to the'
Uni1l!ld StaleS Environmental Protection Aiency, 1 II 18th Street N. W., Wasliington, D.C. 20207, andlor the Department of Heal1lt,
Commonwea~h of Pennsylvania, Division ofEnvlronmcntal Health, Harrisburg, PA 17120.
Electromallnetic Fields: Electromagnetic fields (EMFs) occur around 11I1 electrical appliances and power lines. Conclusive evidence that
EMFs pose health risks does not exist at present, and Pennsylvania has no taws regarding this issue.
Environmental Huards: The U.S. Environmental Protection Agency has a list of hazardous substlUtces, the use and disposal of which are
A/8-2K . Sta.nd.rd Agnlll8ment For Th. 8alo Of Rut Eatate, 1100 COPYRIGHT PENNSYL. VANIA ASSOCIATION OF REAL TORSGD 1998
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restricted by law. Generally, if hazardous substances are found on a ptoperty, it is the property owner's responsibility to dispose of them
properly. For more information and a list of hazardous subsmnces, contact U.S. Environmental Protection Agency, III 18th StreetN.W.,
Washington, D.C. 20207, (202) 260-4700.
Ureaformaldehyde Foam Insulation (UFFI): Ureaformaldehyde Foam Insulation (UFFl) is a thennal insulation materiai mat is
manufactured at the site of installation and pumped inlO the space in the walls of the building being insulated. UFFI can release
formaldehyde gas into the interiors of the buildings in which it is installed. Adverse health effects linked to exposure to UFFI are cancer,
acute illness such as eye, nose, and throat iltitation, and sensitization. Although a 1982 ban of future sales ofUFFI by the U.S. Consumer
Product Safety Commission was overturned in 1983 because the healm risk was not established as "unreasonable," h is recommended
that prospective buyers be informed if UFFI is present or has been present on me property. Tests can be conducted to determine the
concentration of formaldehyde gas present in a SlNcmre, as well as to measure the presence and toxici\)' of UFFJ. The cost of removing
UFFl will vary with the design of the construction and the accessibility of the insulation. Information regarding tests and testing
procedures can be obtained by writing the U.S. Consumer Product Safety Commission, Office of the Secretary, Third Floor, 5401
Westbard A venue, Bethesda, M D 20207.
Wetlands: Wetlands are protected by both the federal and state governments. Buyer may wish to have the Property inspected for wetlands
by an environmental engineer to determine if permits for plans to build, improve, or deve lop the property would be affected or denied
because of wetlands.
Lead: (For Properties built before 1978)
Lead Warning Statemenl: Every purchaser of any interest in residential real property on which a residential dwelling was built
prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk
of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real ptoperty is required to provide the buyer witb any ioformation on
lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known
Iead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Lead Huard Disclosure Requirements: In accordance with the Residential Lead-Based Paint HlI%Md Reduction Act, any seller of
property buill before 1978 must provide the buyer with an EPA-approved lead hazards infurmation pamphlet titled Protect Your
Family Fram Lead in Your Home and must disc lose to the buyer and the Broket(s) lhe known presence of leadobascd paint andlor
lead-basad paint hazards in or on the property being sold, including the basis used for derennining that lead.based palm andlor lead-
based paint hazards exist, the location of lead-based paint andlor lead-based paint hazards, and the condilion of painted surfaces.
Any seller of a pre-1978 stnlcture must also provide the buyer with any records or reports available to the seller pertaining to
Iead-based paint andlor lead-based paint hazards in or about the property being sold, the common areas, or other residential
dwellings in multi-family housing. The Act further requires that before a buyer is obligated to purchase MY housing constructed
prior to 1978, the seller will give the buyer 10 days (unless buyer and seller agree in writing to another time period) to conduct a
risk assessment or inspection for the presence of lead-based paint andlor lead-based paint ha=ds. The opportunity 10 conduct a
risk assessment or inspection may be waived by the buyer, in writing. Neither testing nOr abatement is required of the seller.
Housing buik in 1978 or later is not subjlZCt to the Act
Redon: Radon is a natural, radioactive gas that is produced in lbe IIrou.nd by the nonnal decay of uranium and radium. Studies indicate
that "'~~tended exposure to high levels of radon gas can inclease the risk of hinll cancer. Radon can find i1S way into any air-space,
mcludmg basements and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective
aclion ifthe annual average exposure to radon exceeds 0.02 worl<ing levels Or 4 picocuries/liter. If a house has a radon problem, it usually
oan be cured by increased ventilation andlor by preventing radon ently. Any person who tests, mitigates, or safeguards a building for
radon in Pennsylvania must be cenified by lbe Depanment of Environmental Protection. Information about radon and about certified
testing or mitigation films is available through DEP, Bureau of Radiation Protection, P.O. Box 2603, HllrTisburg, PA 17120,
(800) 23RADON or (J 17) 783-3594.
NOTICE 1:
SEWAGE NOTlCES
NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT
THERE IS NO CURRENlLY EXISTING COMMUNITY SEWAGE SYSTEM AVAD..ABLE FOR THE
SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall instal~
construct, request bid proposals for construction, alter, repair or occupy any building or structUre for which an
individual sewage oys,",m is to be Insralled, without first obtaining a pennit. Buyer is advised by this nolice that before
signing this Agreement, Buyer shOUld contact the local agency charged with administering the Act to
determine the procedure and requirements for oblaining a permit for an individual sewa&e system. The local agency
chlll!!ed with administering lbe Act will be the municipality where the Property is located or that municipality working
cooperatively with others.
A1S-2K - Standard Agreement For The Sill. Of Rell Esta'Ce, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORse 1998
Ver~n 6.Q2(5,ei), RliijlI!FASTWI SOftwe(lf! Publjahing Inc., (c) 2000 Reg#: PPAPAR222Q23, THOMAS S. MITROS.ABR,ORP. RElMAX HOMEANOERS
11..1 st GJlt" oeJo6JOO 11:15:16 ___ ::~
-~ 1_f-!lJJL J sone'lo) Ini..,. ~ i
09/12/2001 ,04:14
NOTICE 2:
NOTICE 3:
NOTICE 4:
NOTICE 5:
7175324380
RE/MAX HOMEFINDERS
PAGE 18
THIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER THE TEN-
ACRE PERMIT EXEMPTION PROVISIONS OF SECTION 7 OF THE PENNSYLVANIA SEWAGE
FACILITIES ACT. (Section 7 provides that a permit may not be ,equired belOre installln&, constnJcting, awarding a
contract for construction, altering, repairing Or connecting to an individualsowage system where a ten-acre parcel or lot
Is subdivided from a parent tract after January 10, 1987). Buyer is advised that soils and site testing we,e not conducted
and thaI, should the system malfUnction, the owne, oflhe Property or properties serviced by the system at the time of a
malfunction may be held liable for any contamination, pollution, public health hazard or nuisance which occurs as
a result
THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH
SEWAGE IS CONVEYED BY A WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND
CONSTRUCTED TO FACILITATE ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE.
Pursuant to the Pennsylvania Sewage Facilities Act, SeUer must providea history of tbe annual cost of maintaining
lhe tank from the date of its installation or December 14, 1995, whichever is later.
AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A
WELL THAT IS LESS THAN THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Po. Code
g73.13 penaining to minimum horizontal isolation distances provide guidance. Subsection (b) of F3.IJ stales that the
minimum horizontal isolation distance between an individual water supply or water supply system suction line and
treatment tanks shall be 50 feet Subsection (c) F3.l3 states that the horizontal isolation distance between the
individual water supply or water supply system suction line and the perimeter of lbe absorption shall be 100 feet
THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMIT A TIONS ARE IN EFFECT AND IS SUBJECT
TO THOSE LIMITATIONS. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND
CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY Nor BEGIN
UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE
PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER.
DEFINITION OF A PLANNED COMMUNITY
The Uniform Planned Community Act defines "pianned community" as real eslate with respect to which a person, by virtue of ownership
of an interest in any portion of the real estate, i5 or may become obligated by covenan~ easement Qr agreement imposed on the owner's
interest to pay any amount for real propeny taxes, insurance, maintenance, repair, improvement, management, administration or regulal:ion
of any part of the real estate other than the ponion or interest owned solely by the person. The term excludes a cooperative and a
condominium, but a cooperative or condominium may be pan of a planned community. For the purposes of lbis defUlition, "ownership"
includes holding a Ie_hold interest of more than 20 years, including renewal options, in real estate. The term includes non-residential
campjl'ound communities.
Exemptions from the Uniform Planned Community Act- When a Certlf'lCate of Resale Is Not Required
The owner of a property located within a planned community is nOt required to furnish the buyer with a certificate of resale under the
following circumstances:
A. The Planned Community contains no more than 12 units, provided there is no possibility of adding real estate or subdividing units
to increase the size of the planned community.
B. The Planned Community Is one in whicb all of the units are restricted exClusively to non-residential use, unless the declaration
provides that the resale provisions are nevenhele.. to be followed.
C. The Planned Community or units arc located outside the Commonwealth of Pennsylvania.
D. The transfer of the unit is a gratuitous transfer.
E. The transfer of the unit is required by court order.
F. The transfer of the unit is by the government or a governmental agency.
G. The transfer of the unit is the result of foreclosure or in lieu of foreclosure.
. Notices Regarding Publil: Offering Statements and Right 10 Rescission
If Se~ler IS a Declarant .of lbe condominium or planned communi~, Seller is required to furnish Buyer wilb a COpy of the Public
Offenng Statement and lIS amendments. For condomlDlums, lbe dehvety of the Public Offerino Sratement must be made no laler than
the date the buyer executes this Agreeme.nt Buyer may cancel this Agreement within 15 d';ys after receiving the Public Offering
Statement and any amendments. that matenally and adversely affect Buyer. For planned communities, the Declarant must provide the
Buyer With a copy of the Public Offe~ng Statement and. i~s amendme!,t. no J~ler than the date the Buyer executes lhis Agreement
Buyer may cancel this Agreement w,thID 7 days after receiving the Public Offenng Statement and any amendment. that materially and
adversely affect Buyer.
TIME IS OF THE ESSENCE
.AlS-2K, - Standard Ag....m.nt For Th. a.I$ Of R.ea' Eatde, 1/00 COPYR,IGHT PENNSYLVANIA ASSOCIATION OF REAL TORse 1998
Vttniion 6.02(5.5), R~IFA$TC1 Software PubllJhing Inc., (0) 2000 RegN PPAPAR222923, THOMAS S. MfTROS.ABR.CRP, RE/MAX HOMEFINDERS
,Buyer(I)lnltlall ~~ 0<1/08I0011:15:18
~.f19
Seller(') InIV... J/:J 4
09/12/2001 ,04:14
7175324380
RE/MAX HOMEFINDERS
PAGE 19
All dates and time limits set within this Agreement must be adhered to or this Agreement is breached, for the purposes of this
Agreement, number of days will be counted from the date of execution by excluding the day on which this Agreement was executed
and by including the last day of the time period. The date of execution is Ibe date when Buyer and Seller have indicated
full aCCeptance of this Agreement by signing andlor initialing it.
MEDIATION
DISPUTE RESOLUTION SYSTEM RULES AND PROCEDURES
1.
Agreement of Parties The Rules and Procedures of the Dispute Resolution System (DRS) apply when the parties have agreed in
writing to mediate under DRS. The written agreement can be achieved by a standard clause in an agreement of sale, an addendum
to an agreement of sale, or through a separate written agreement.
Initiation of Mediation If a dispute exists, any party may start the mediation process by submitting a completed Request to Initiate
Mediation DRS Transmittal Form (fransmittal FOIm) to the local Association of REAL TORS@ (hereafter "Administr1ll:or"). The
Transmittal Form should be available through the Administrators office, The initiating part;y should try to include the following
infOllOation when sending the completed Transmittal Form to the Administrator:
a. A copy of the written agreement to mediate if there is one, OR a request by the inkiating party to have the
Administrator contact the other parties to the dispute to invite them to join the mediation plOCeS'.
b, The names, addresses and 1elephone numbers of the parties involVed in the dispute, including the name of every
insurance company known to have received notice of the dispute or claim and the corresponding file or claim number.
c. A brief statement of the facts of the dispute and the damages or relief sought
2.
3.
Selection of Mediator Within five days of receiving the completed Transmittal Form, the Administrator will send each part;y to the
dispute a copy of the Transmittal Form and a iist of qualified mediators and their fee schedules. Each party then has ten days to
review the list of mediators, cross off the name of any mediator to whom the pBlty objects, and return the list to the Administrator.
The Administrator will appoint the fll'st available mediator who is acceptable to all parties involved.
A mediator who has any financial or personal interest in the dispute or the resullS of the mediation cannot serve as mediator to that
dispute, unless all panies are informed and give their written consent
4. Mediation Fees Mediation fees will be divided equally among the parties and will be paid be/o,e the mediation conference, The
parties will follow the payment terms contained in the mediator's fee schedule.
5. Time and Place of Mediation Conference Within ten days of being appointed to the dispute, the mediator will contact the parties
and set the date, time and place of the mediation conference. The mediator must give at least twenty days' advance notice to all
partie.. The mediation conference should nOI be more than sixty days from the mediator's appointment to the dispute.
6. Conduct of Mediation Con rerence The parties attending the mediation conference will be expec1l:d to:
1. Have the authority to enter into and sign a binding senlement to the dispute.
2. Produce all information required for the mediator to understand the Issues of the dispute. The information may include
relevant written materials, as well as descriptions of witnesses and the content of their testimony, whether or not they
will be appearing at the mediation confetel1ce. The mediator can require the parties to deliver written materials and
infOrmation before the date of the mediation conference.
The mediator presiding over the conference:
1. Will impanially conduct an orderly settlement negotiation.
2. Will help the parties define the mattelS in dispute and reach a mutually agreeable solution.
3. Will have nO authority to render an opinion, to bind the patties to his or her decision, or to force the panies to reach
a settlement
Formal rules of evidence will not apply to the mediation conference.
7. RepresentatIon by Coun..1 Any pany who intends to be ,"""ompanied to the mediation confexence by legal counsel will notify the
mediator and the other parties of the intent at least ten days befOre the conference.
8. Confldentiality No aspect of the mediation can be relied upon or introduced as evidence in any arbitration judicial Or other
proceeding. This includ~, but is not Iimi1ed to, any opinions or suggestions made by any party regarding a p~ssible settlement;
aJ.1y admissions made du.n~g the coulS7 of the mediation; any proposals or opinions expressed by the mediator; and any responses
gIven by any patty to OpinIOnS, suggestions, or proposals.
A/9-2K,. Standard Agreement For The s.te Of "..1 Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORS1SI1998
Venlon CI.02(5.4), RealFASTtl SOl'lWare Publl.hing Inc., (c) 2000 Reg# PPAPAR222923, THOMAS S. MITROS.ABR,CRP. RElMAX HOMERNDERS
!I~.)lnitillla ~ ~ OBlOe/OO 11:15:16
~8flt
Sellerls) InlUals il'5 T
09/12/2001 04:14
7175324380
RE/MAX HOMEFINDERS
PAGE 20
No privilege will be affected by disclosures made in the cOUrse of the mediation.
Transcripts or recordings of the mediation will not be allowed without the prior, written consent of all panies and the medlatot.
Records, reports, and other documenrs re<:e ived Or prepared by the mediator or Adminisllator cannot be compelled by an arbitration,
judicial, or other proceeding, with the exception of an agreemenl thaI was reached in the course of mediation and signed by all
the parties.
Neither Ihe mediator nor the Adminiatrator can be compelled to testify in any proceeding regarding infonnBtion given or
representations made either in the course oflhe mediation Or in any confidential communication.
9, Mediated Settlement When a dispute is resolved through mediation, the mediator will put the complete agreement in writing and
all parties will sign the wrillen agreement within len days of the conclusion of the mediation conference. Every reasonable effurt
will be made to sign the written agreement at the end of the conference.
10, Judicial Proceedings and Immunity NEITHER THE ADMINISTRATOR, TIlE MEDIATOR, THE NATIONAL ASSOCIATION
OF REAL TORS~, THE PENNSYLVANIA ASSOCIATION OF REAL TORS@, NOR ANY OF ITS MEMBER BOARDS, SHALL
BE DEEMED NECESSARY OR INDISPENSABLE PARTIES IN ANY JUDICIAL PROCEEDINGS RELATING TO
MEDIATION UNDER 'THESE RULES AND PROCEDURES, NOR SHALL ANY OF THEM SERVING UNDER THESE
PROCEDURES BE LIABLE TO ANY PARTY FOR ANY ACT, ERROR OR OMISSION IN CONNECTION WITH ANY
SERVICE OR THE OPERATION OF THE HOME SELLERSlHOME BUYERS DISPUTE RESOLUTION SYSTEM.
AJS-2K . Standard Agreement For Th. S.le Of Real Estate, 1/00 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REAL TORSQIli 1998
Version 6.02(5.5), RealFASTCl Software Publishing Inc.. (c) 2000 Reg# PPAPAR2229,23, THOMAS S. MITROS,ABR,CRP. RElMAX HOMEFlNDERS
MP.--I/Ih6A D610eJOO 11:15:16 ~ag.1 of11
8uyBr{s)lnitiell ~ ~ 5ell&l"(&) Initiats _
;.f':74
Exhibit C
c
(0)
~
v
September 27,2001
SINCE 1888
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
Other Offices
Colonial Park
717-652-7020
Mechanicsburg
717-691-5577
Shippensburg
717-530-7515
Re: Thomas Mitros &
Thomas & Hellen Snyder
Dear Attorney Morgan:
As I am sure that you recall, the Snyders and Mr. Mitros had a contact to sell the piece of real estate
at 575 Newville Road in Newburg, Pennsylvania. Under that listing contract, Mr. Mitros is due
some commissions with respect to the sale of that property. I am writing to make formal demand
for such commission in the following amounts:
A.
$19,500 due to Mr. Mitros under Paragraph 7.A. of the listing contract for
supplying a buyer, willing to purchase the property fot a price accepted by the
Snyders.
B.
$21,000 due to Mr. Mitros under Paragraph 6.A. of the listing contract for the
actual sale of the property.
The total amount due to Mr. Mitros in connection with the sale of the Newburg property is
$40,500. Please advise the Snyders to make payment in that amount to Mr. Mitros not later than
October 31, 2001. Payment should be sent to this office.
If the Snyders wish to contest the validity of this debt, please contact me so that we may discuss
the issue.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
David H. Martineau
James F. Carl
Edward E. Knauss, IV"
Jered L. Hock
Karl R. Hildabrand"
Steven P. Miner
OarkDeVere
E. Ralph Godfrey
Steven C. Courtney
Francis J. Lafferty, N
David H. Martineau
Andrew W. Norfleet
Steven C. Skoff
Melissa L. Stickel
. Board Certified in civil
triallmo and advocacy
~!~}I~~!_Board
cc: Thomas S. Mitros
Document #: 217114.1
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
--
VS
SNYDER J ROBERT ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SNYDER HELEN T
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 18th, 2001 , this office was in receipt of the
attached return from LANCASTER
-
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
12/18/2001
METZGER WICKERSHAM
So answ.~:;-~.:~ //.~~/-,.-<.~//
.f~~
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this ),,1 ')~ day of, -~ ~LtvJ.u,,,,--
~J JA^~. . .
j /1~~~ry
.~O
-
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
VS
SNYDER J ROBERT ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
SNYDER J ROBERT
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On December 18th, 2001 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
18.00
9.00
10.00
64.06
.00
101.06
12/18/2001
METZGER WICKERSHAM
So answers;,,<,______ ,,//. ."
,/~: ~/ / /
?~~;=~
R. Thomas Kline
Sheriff of Cumberland County
/
.,-.
Sworn and
subscribed to before me
day of ~
this Jti
CLo-o (
y
-
~
" fN
SHERIFF'S OFFICE
}~\L/._ __
[
50 NORTH DUKE STREET. P.O. BOX 83480. LANCASTER. PENNSYLVANIA 17608-3480 . (717) 299-8200
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTIFF/SI
Thomas S. Mitros
3. DEFENDANT/SI
J. Robert Snyder et al
SERVE { 5_ NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED.
. J. Robert Snyder
6. ADDRESS (Street or RFO, Apartment No.. City, S"oro, Twp., State and ZIP Code)
AT 608 Hearthstone Lane Mount Joy, FA 17552
7 INDICATE UNUSUAL SERVICE, Xl DEPUTIZE 0 OTHER Cunberland
Now, Nov 14 2001, I, SHERIFF OF I R COUNTY. PA., dO~b eputize the Sh
Lancaster County to execute this W . ~reo
to law. This deputation being made at the request and risk of the plaintiff.
SHERIFFOF~C TV
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, r an
. . . . . . .A;,ta~$E rvPe . . .
. ;t:m. HOirOTACH' ANVCOPIa!9.
2 COURT NUMBER
01-6401 civil
1
4 TYPE OF WRIT OR COMPLAINT
>> Canplaint
:>l
~
en
()
l':
..,
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching at1y property under
within writ may leave same without a watchman, in custOdy ot whomever is found in possession, after notifying person ot levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
g. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1,. DATE
CUMBERLAND COUNTY SHERIFF 717-240-6390 11/9/01
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This .re. must be completed If notice i, to be mailed).
CUMBERLAND CO SHERIFFS
1 COURTHOUSE SQUARE
OFFICE
..,
U.'OWpCM ~_IlFl .....DONO't
NAME of Authorized LCSO Deputy or Clerk
ANNETTE WALTON 717-295-3609
13.1 aCknowledge receipt of the writ l
or complaint as indicated above. r
16. I hereby CERTIFY and RETURN that 10 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above oron the' dividual, company, cor-
poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.
17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc. amed above. (See remarks below)
18. Name and title of individual served (it not shown above) (Relationship 10 Defendant) 19. NoServloe
See Aemar1cs Below (No. 30)
20. Address ot where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Boro, Twp.
State and Zip Code)
21. Date at Service 22. Time
AM
PM
EST
EOST
23. ATTEMPTS
Dep.lnt.
S.T.A.:
5.
100. 0 47.50
{,/1J1!'BJ.p-..,,, ~ ~~. R~r.M1>T' r~
~ R>"$T ~~C- Wtfs M>r ~
31.
~
c1-.
3/3&/
34.
32. Si.Qnalure 01
Oep. Sherlfl
35. Si
33. Date
,z..-/$-o/
36. ,Aate r I j
,
r
i
l
~f"CI5
iJ
SHERIFF'S OFFICE
,0
, rc .
n~fl i/
.
,
2 of 2
50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 0 (717) 299-8200
Thanas S. Mi tros
4 TYPE OF WRlT OR COMPLAINT'
Notice and Canplaint
t:I
t'l
:0
3:
H
'"
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTIFF/Sf
3. DEFENDANT/SI
SERVE {
. Helen T. Snyder
6. ADDRESS (Street or RFD. Apartment No., City, 80ro. Twp.. State and ZIP Code)
AT 60B Hearthstone Lane Mount Joy, PA 17552
7. INOICATE UNUSUAL SERVICIlQtJ OEPUTIZE 0 OTHER OrnhF>r1 nnd
Now. I\!rnr 14 Jil~ ,I, SHERIFF OF l!!l'.rJlV.~,~R COUNTY, PA., dq,J1erelly deputize t~e.)3.l:!;eri". of
Lanca County to execute thl~naht1lke (eturn the14lof:,ceQrlljng
to law. This deputation being made at the request and risk of the plaintiff. ".,,,' , ., ,. ' -",'., ." .' .' ".,'
SHERIFF OF l i I IFf COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, Cumberland
J. Robert Snyder et al
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC.,
TO BE SERVED.
t:I
?:
'"
NOTE ONL V APPLICABLE ON WRIT OF EXECUTION: N,S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9, SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE
CUMBERLAND COUNTY SHERIFF 717-240-6390
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This eree must be completed if notice I. to be melled).
CUMBERLAND CO SHERIFFS OFFICE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
w:
Expiration/Hearing date
ANNETTE WALT N
16.1 hereby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence of service as shown in "Remarks", 0 have executed as shown in
"Remarks~, the writ orcomplaint described on the indivIdual, company, corporation, etc., at the address shown above or on the individual, company, cor-
poration, etc., at the address inserted below by handing a TRUE and AnESTED COpy thereat.
17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc.,
18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19.
"",,,co
See Remarks Below (No. 30)
21. Date of Service 22
Time
AM
PM
EST
EDST
ed above. (See remarks below)
20. Address of where served (complete only if different than shown above) (Street orRFD, Apartment No., City, Bora, Twp.
State and Zip Code)
-
Dep.lnt.
24. Advance Costs
Mil..
23. ATTEMPTS
R-
30. M RKS:
***
S.TA,
V/o/Atif../r 70 ~ ?t~1" /Cp-pu:-sT ~ ,hJ'~ "A.4f!';~Jif~ ~ 1~7
""'Frt:r UAfS ,M?r ~.
34,
a
~~p~~:~i~{e of
35. Signature 01 Sherilf
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Prothonotaryl
SHERIFF OF LANCASTER COUNTY
THOMAS S. MI1ROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01-6401
J. ROBERT SNYDER and
HELEN T. SNYDER,
Defendants : JURY lRIAL DEMANDED
PRAECIPE FOR REINSTATEMENT OF PROCESS
To the Prothonotary:
Please reinstate the complaint in the above captioned matter.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
v/-'#J----::-
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Date: January 8, 2002
Attorneys for Plaintiff
Doc#223866
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THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01-6401
1. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : JURY lRIAL DEMANDED
ACCEPTANCE OF SE' --
The undersigned hereby accepts service of the Complaint on behalf of Defendants
J. Robert Snyder and Helen T. Snyder, and I represent that I am authorized to do so.
NIKOLAUS & HOHENADEL, LLP
Date:
I /2- f/ /0 '2-
I
By Anili~"'?:!.": 4/.:,
Supreme Court ID No.
212 Norh Queen Street
Lancaster, PA 17603
Attorneys for Defendants
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Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS S. MITROS,
v.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
v.
MICHAEL L. BANGS
Additional Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Nikolaus & Hohenadet, LLP by Anthony Marc Hopkins,
Esquire, on behalf of the Defendants, in the above-captioned case.
NIKOLAUS & HOHENADEL, LLP
By:
Ww1 {~Lv-
Anthony Marc Hopkins, Esquire
Attorney for Defendants
I.D. #47394
Date:
~ I,/O'L
I L
212 North Queen Street
Lancaster, PA 17603
(717 299-3726
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing Entry
of Appearance upon the following person(s) and in the following manner, which service satisfies
the requirements of the Pennsytvania Rules of Civil Procedure.
Service bv First Ctass Mail
David H. Martineau, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
NIKOLAUS & HOHENADEL, LLP
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By:
_C!vw1/4~.
Anthony Marc Hopkins, Esquire
l.D. #47394
Attorney for Defendants
Date:
212 North Queen Street
Lancaster, PA 17603
(717)299-3726
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERIAND COUNTY,
PENNSYLVANIA
v.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
v.
MICHAEL L. BANGS
Additional Defendant
PRAECIPE TO ISSUE WRIT OF SUMMONS
10 ADDI rfoNt'fL &:>EFcII/Dt41./7
Please issue a Writ of Summons to join as an Additional Defendant:
Michael L. Bangs
302 South 18th Street
Camp Hill, P A 17011
NIKOLAUS & HOHENADEL, LLP
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,
By:
tvm1~~ __
Anthony Marc Hopkins, Esquire
Attorney I.D. #47394
Attorney for Defendants
Date:
212 North Queen Street
Lancaster, PA 17603
(717) 299-3726
.
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing
Praecipe to Issue Writ of Summons upon the following person(s) and in the following manner,
which service satisfies the requirements of the Pennsytvania Rules of Civil Procedure.
Service bv First Class Mail
David H. Martineau, Esquire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
NIKOlAUS & HOHENADEL, ILP
Date:
By:
Amho~2: dvG-
I.D. #47394
Attorney for Defendants
212 North Queen Street
Lancaster, PA 17603
(717)299-3726
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WRIT TO JOINED AN ADDITIONAL DEFENDANT
THOMAS S. MITROS,
Plaintiff
Vs
No. 01-6401 Civil Term
J. ROBERT SNYDER and HELEN T. SNYDER
Defendant
Cumberland County, ss:
The Commonwealth of Pennsylvania to MICHAEL L. BANGS
(Name of Additional Defendant)
You are notified that 1. ROBERT SNYDER and HELEN T. SNYDER
(Name (s) of Defendant (s))
has (have) joined you as an additional defendant in this action, which you are required to
defend.
Date MARCH I, 2002
(SEAL)
CURTIS R. LONG
Prothonotary
By {1iJl~~
REQUESTING PARTY:
Name: ANTHONY MARC HOPKINS
Address: 212 NORTH WUEEN STREET
LANCSTER, P A 17603
Attorney for: Defendant
Telephone: 717-299-3726
THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
NO. 01-6401
Defendants
CIVIL TERM
v.
MICHAEL L. BANGS,
Additional Defendant :
NOTICE OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Michael L. Banks, Additional
Defendant.
Respectfully submitted,
BY:
METrE, E)'ANS & WOODSIDE
/
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KAT R
Supr me 0
3401 Nort ront Street
P.O. Box 5950
Harrisburg, PA 17110-0950
(717) 232-5000
'-
, ESQUIRE
Attorneys for Michael L. Bangs
DATED: March 21, 2002
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CERTIFICATE OF SERVICE
I certifY that I am this day serving a copy of the forgoing document upon
the person(s) and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same
in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid,
as follows:
David Martineau, Esquire
P.O. Box 5300
Harrisburg, PA 17110
[Counsel for Plaintiff)
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, PA 17603
[Counsel for Defendants]
ME
EVANS & WOODSIDE
By:
Attorneys for Defendants
Dated: March 21, 2002
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MITROS THOMAS S
VS
SNYDER J ROBERT ET AL
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BANGS MICHAEL L the
ADD'L DEFENDANT, at 1008:00 HOURS, on the 14th day of March 2002
at 302 SOUTH 18TH STREET
CAMP HILL, PA 17011
by handing to
MICHAEL L BANGS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
10.35
.00
10.00
.00
38.35
So Answers:
~~~<:~'-c.,
R. Thomas Kline
03/15/2002
NIKOLAUS & HOHENADEL
Sworn and Subscribed to before
me this J'1 e
day of
ljf
By: c/-. - '2. -
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Prothonotary ,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS S. MITROS,
v.
: CIVIL ACTION - LAW
: NO. 01- (;- '10/
J. ROBERT SNYDER and HELLEN
HELEN T. SNYDER,
Defendants : WRY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO NEW MATTER
AND NOW, comes Plaintiff, Thomas S. Mitros, by and through his attorneys, Metzger,
Wickersham, Knauss & Erb, P.C., and makes the following Answer to Defendants' New Matter:
34. Paragraph 34 contains a conclusion of law to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 34 is denied.
35. Denied.
36. Denied.
37. Admitted.
38. Denied. Plaintiff is without sufficient knowledge to admit or deny the allegations and strict
proof is required at trial.
39. Paragraph 39 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 39 is denied.
40. Paragraph 40 contains a conclusion oflaw to which no re:sponsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 40 is denied.
Document #: 247271.1
..
41. Paragraph 41 contains a conclusion of law to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 41 is denied.
42. Paragraph 42 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 42 is denied.
43. Paragraph 43 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 43 is denied.
44. Denied.
45. Denied.
46. Paragraph 46 contains a conclusion of law to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 46 is denied.
47. Defendants' Exhibit "C" is a writing which speaks for itself to which no responsive pleading
is required. To the extent that a responsive pleading is required, Paragraph 47 are denied.
48. Paragraph 48 contains a conclusion oflaw to which no responsive pleading is required. To
the extent that any responsive pleading is required, Paragraph 48 is denied.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests this Honorable Court to
enter judgment in favor of Plaintiff and against Defendants, 1. Robert Snyder and Helen T. Snyder,
in the amount of forty thousand five hundred and 00/100 Dollars ($40,500.00), interest on that
amount, the costs of this action and such other relief as the Court deems just and proper.
Document #: 247271.1
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
I-/J // P~-)
By:
David H. Martineau, Esquire
Attorney I.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Date: /J / ~ z. '$ 2. t:J oJ 'Z-
y~ c e!,rI /fI-'" ,
Attorneys for Plaintiff
Document #: 247271. I
.
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VERIFICATION
I, Thomas S. Mitros, hereby certify that the following is correct:
The factual basis for the responses set forth in the foregoing Answer to Defendants' New
Matter is based upon information which I have furnished to counsel, as well as upon information
which has been gathered by counsel and/or others acting on my behalf in this matter. I have read
the Answer to Defendants' New Matter, and to the extent that it is based upon information which
we have given to counsel, it is true and correct to the best of our knowledge, information, and belief.
To the extent that the content of the Answer to Defendants' New Matter is that of counsel, I have
relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth
in the aforesaid Answer to Defendants' New Matter are made su~ject to the penalties of
18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
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T mas S. Mitros
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Date: /..2. - /6-'- t7 ?
Document #: 247271. I
...
CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Plaintiff's Answer to Defendants'
New Matter, with reference to the foregoing action by first class mail, postage prepaid, this 21' J.
day of December, 2002, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
METZGER, WIeKERS~' p.e.
~-Y ~ /
David H. Martineau, Esquire
Document #: 24727/.1
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
Plaintiff, Thomas S. Mitros, through his undersigned counsel, moves this Court pursuant
to PaRC.P. No. 4006(a) and 4019 for an Order compelling Defendants, J. Robert Snyder and
Helen T. Snyder, to serve upon the undersigned complete responses to Plaintiffs Interrogatories
Directed to Defendants - First Set and Plaintiff s Request for Production of Documents Directed
to Defendants - First Set served upon them on February 24, 2003. In support of this Motion,
Plaintiff represents as follows:
1. On November 9, 2001, Plaintiffs Civil Complaint was filed with the County
Prothonotary.
2. On January 9, 2002, Plaintiffs Complaint was reinstated and timely served upon
Defendants.
3. The Complaint arises out of Plaintiff s representation of Defendants as real estate
agent in the sale of real estate formerly owned by Defendants in Newburg, Cumberland County,
Pennsylvania.
4. Defendants filed an Answer with New Matter on December 12,2002.
Document #283294
S. On February 24, 2003, Plaintiff served his First Set of Interrogatories Directed to
Defendants. A true and correct copy of the 18 Interrogatories are attached hereto as Exhibit "A"
and incorporated herein by reference.
6. On February 24, 2003, Plaintiff served his First Set of Request for the Production
of Documents Directed to Defendants. A true and correct copy of the 11 Requests are attached
hereto as Exhibit "B" and incorporated herein by reference.
7. To date, Defendants have not served answers III response to the foregoing
discovery requests.
8. In addition, Defendants have not served any obj(:ctions to the foregoing discovery
requests.
9. Pa.R.C.P. Nos. 4006(a) and 4019 allow Plaintiffs to move to compel discovery as
well as move for sanctions if the requested discovery answers are not produced within 30 days
after service of the interrogatories.
WHEREFORE, Plaintiff, Thomas S. Mitros, respectfully requests that this Court enter an
Order compelling Defendants to serve upon the undersigned full and complete verified answers
to Plaintiffs Interrogatories Directed to Defendants - First Set and Plaintiffs Request for
Production of Documents Directed to Defendants - First Set in ten (10) days or suffer
appropriate sanctions upon further application of this Court.
-2-
Document #283294
Date: June li, 2003
Document #283294
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
DJ;#'~~
David H. Martineau, Esquire
Attorney J.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 1711 0-03 00
(717) 238-8187
Attorney for Plaintiff
- 3 -
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants JURY TRIAL DEMANDED
PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT
TO: J. Robert Snyder and Hellen T. Snyder
c/o Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster,PA 17603
PURSUANT TO THE PROVISIONS of Pennsylvania Rules of Civil Procedure 4005
and 4006, as amended, you are required to file the original, and serve a copy on the undersigned,
of your answers and objections, if any, in writing and under oath, to the following Interrogatories
within thirty (30) days after service of the Interrogatories.
The answers shall be inserted in the spaces provided following each Interrogatory. If
there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on
a supplemental sheet.
These Interrogatories shall be deemed to be continuing in nature pursuant to
Pennsylvania Rules of Civil Procedure 4005 and 4006. If between the time of filing your
original answers to these Interrogatories and the time of trial of this matter, you or anyone acting
in your behalf learns the identity and location of additional persons having knowledge of
discoverable facts and the identity of persons expected to be called as an expert witness at trial
T)oC".um",nt ti?4.$t444
not disclosed in your answers, or if you or an expert witness obtains information upon the basis
of which you or he knows that an answer was incorrect when made, or know that an answer
though correct when made is no longer true, promptly supplement your original answers under
oath to include such information thereafter acquired, and promptly furnish such a supplemental
answer on the undersigned.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
d
By _I.2/ # -)
David H. Martineau, Esquire
Attorney J.D. No. 84127
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Plaintiff
Dated: ~b""'#o(J- :1~ 2ll1l.l
nnr.nmp.nt tt?I1ll:4J.d
DEFINITIONS
Definitions. -- The following definitions are applicable to these interrogatories:
A. The words "you" or "your" when used herein refer to all Defendant(s), their officers,
representatives, attorneys, agents, servants and/or employees or any person working for such
person.
B. "Identity" when used herein with respect to an individual means to state: (1) the
person's full name and present or last known address; and (2) the person's position, employer and
employer's address at the time of the events referred to in the Interrogatory.
. C. "Identity" when used herein with respect to an entity other than an individual (e.g., a
corporation, partnership, unincorporated association, governmental agency, etc.), or a division or
subdivision thereof, means to state the full name and present or last known address of the entity,
and, if applicable, the full name and present or last known address of the entity's division or
subdivision.
D. "Identity" when used with references to a document or writing, the word "identify"
shall mean to include the date it was written; identify each person to how it was addressed and
identify each person to whom a copy was identified as being directed, identify each 'person who
received a copy of the document or writing with a description of the document or writing as for
instance, "letter", "memorandum"; include the present location ,md identify its custodian. If any
document or writing is no longer in your possession or subject to your control, state what
disposition was made of it, the reason for such disposition, the date thereof, and identify its current .
or last known location and custodian. Whenever you are asked to "identify" an oral communication,
the following information should be given as to each oral communication or which you are aware,
whether or not you or others were present or participated therein. This information includes the
means of communication (e.g. telephone, personal conversation, etc.); where it took place; its date;
the names, addresses, employers and positions of all persons who participated in, or who were
involved in the communication, all other persons who were present during or who overheard that
communication, the substance of who said what to whom and the order in which it was said, and
whether that communication, or any part thereof, was recorded or referred to in any document.
E. "Document" when used herein means any record, including any object containing
written, printed, or magnetically recorded information, a graphic or photographic representation, or
sound. "Document" includes the original or any copy of any statement, report, letter, memorandum,
book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, sound
recording. "Document" also includes any card, disc, tape, printout or any other article designed for
use with a computer or other word or data processing system.
F. "Identify" when used herein with respect to a document means to state: (1) the
nature of the document (i.e., whether it is a statement, report, etc.); (2) the title of the document, or,
n.....rllm..nt .JI:?4Rd.A.4
if the document has no title, a description of the document; (3) the identity of the person or persons
who prepared the document; (4) the identity of the person or persons for whom the document was
prepared or to whom the document was directed; (5) the date the document was prepared; and, (6)
the identity of the present custodian of the document or any copy of the document.
G. When the word "incident" is used in these Interrogatories it is to refer to those
occurrences alleged in Plaintiffs Complaint.
H. CONCERN, CONCERNED, OR CONCERNING - means referring or relating to,
pertaining to, commenting on, or connected with, in an manner whatsoever.
I. As used herein, the term "STATEMENT" means a written statement signed or
otherwise adopted or approved by the person making it, or a stenographic, mechanical, electrical or
other recording, or a transcription thereof, which is substantially verbatim recital of an oral
statement by the person making it and contemporaneously recorded.
1. If you claim that the subject matter of a document or oral communication is
privileged, you need not set forth the brief statement of the subject matter of the document, or the
substance of any oral communication called for above. You shall, however, otherwise "identify"
such document or oral communication and shall state each grOlmd on which you claim that such
document or oral communication is privileged.
K. As used herein, unless otherwise specified, the word "Property" means the property
located at 575 Newville Road, Newburg, Cumberland County, Pennsylvania.
nn.....1l1Tl1":11t ~.,4R44A
INTERROGATORIES
1. Please set forth your full legal name; any other names which you have used, the
inclusive dates during which each such name was used, and the reason for such usage; your
present address, any address used by you during the last ten (10) years, and the dates on which
you utilized each such address; your date of birth and the state, county, and city of your birth;
and your Social Security Number.
ANSWER:
Dnr.um...nt ii?4~44d
2. Identity of Parties:
a. Do you agree that the Defendants, as idmtified in Plaintiffs Complaint,
have executed the documents attached to Plaintiffs Complaint in their capacities as individual,
natural persons?
b. If not, what is the factual basis for your answer?
c. Do you contend that any of the documents that are attached to Plaintiffs
Complaint were entered into by any person or entity, acting as the owner or seller of the
Property, other than the Defendants, including, but not limited to, agents or principals of
Defendants, imposters, forgers, any corporation, partnership, limited liability company or other
business entity?
d. If your answer to subpart c. was "Yes", identify each person or entity
which you contend entered into the documents attached to Plaintiffs Complaint.
nr'lr.nmp.nt ;!t?4R44d
3. Do you contend that the Complaint filed in this action incorrectly designates your
complete name or omits any corporate or business name in any manner at the time of the events
set forth in the Complaint. If so, state the correct corporate name or business name below.
ANSWER:
n(\~l1mpnt :/t'dR444
4. Have you been convicted of a felony or misdemeanor, and if so, state:
(a) the county and state in which you were convicted;
(b) the nature of the felony or misdemeanor of which you were convicted;
(c) whether such conviction resulted from a jury verdict, plea of guilty, or
plea of nolo contendere;
(d)
(e)
(f)
case;
(g)
(h)
ANSWER:
the date of your conviction;
the name and address of the tribunal imposing sentence;
the title of the cause and case number assigned by said tribunal to your
the nature of the sentence imposed; and
the dates and places of any facility in whi.::h you were incarcerated.
nor.lIm"'.nt tD4R4d<1
S. Insurance -- If you are covered by any type of insurance, including any excess or
umbrella insurance, that might be applicable to the incident in this matter, state the following
with respect to each such policy:
(a) The name of the insurance carrier which issued the policy;
(b) The named insured under each policy and the policy number of
each policy;
(c) The type(s) and effective date(s) of each policy;
(d) The amount of coverage provided for injury to each person, for
each occurrence, and in the aggregate for each policy; and
(e) Each exclusion, if any, in the policy which is applicable to any
claim thereunder and any reasons, if any, why you or the carrier
claim the exclusion is applicable.
ANSWER:
n(\(".nmpont :/i?4R4d4
6. Factual basis for defenses -- State with particularity the factual basis for each
defense you are asserting in this case.
ANSWER:
ful'.um"""t 1:i7dRddd
7. Witnesses.
(a) Identify each person who
(1) Was a witness to the events specified in Plaintiff's
Complaint or Defendants' Answer thereto through sight or hearing
and/or
(2) Has knowledge of facts concerning the happening of the
events specified in Plaintiff's Complaint or Defendants' Answer
thereto.
(b) With respect to each person so identified, state that person's exact
location and activity and time at which that person witnessed or
came into knowledge of the events specified in Plaintiff s
Complaint or Defendants' Answer thereto.
ANSWER:
nO~llmPnt ii?4R4dd.
8. Statements -- If you know of anyone that has given any statement (as defined by
the Rules of Civil Procedure) concerning this action or its subject matter, state:
(a) The identity of such person;
(b) When, where, by whom, and to whom each statement was made,
and whether it was reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement
that was reduced to writing or otherwise recorded.
ANSWER:
On....nm...nt t/?4Jt4A4
9. Trial witnesses. -- Identify each person you intend to call as a non-expert witness
at the trial of this case, and for each person identified state your relationship with the witness and
the substance of the facts to which the witness is expected to testify.
ANSWER:
nnr_llmp.n't :II:?.:1R4.44
10. Expert Witnesses -- Identify each expert you intend to call as a witness at the trial
of this matter, and for each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summary of the grounds for each opinion. (You may file as
your answer to this interrogatory the report of the expert or have the
interrogatory answered by your expert.)
ANSWER:
T1n('llml"T1t #?4R44A.
11. Demonstrative evidence. -- If you know of the existence of any photographs,
motion pictures, video recordings, maps, diagrams, or models relevant to the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
ANSWER:
J)n....nTT\Pt1t .ii'4S1:4d4
12. Trial preparation material. -- If you, or someone not an expert subject to Pa.R.C.P.
No. 4003.5, conducted any investigations of the incident, identify:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b) All notes, reports or other documents prepared during or as a result
of the investigation(s) and the persons who have custody thereof.
ANSWER:
nn....llmpnt it?4RA..dd
13. Trial exhibits. -- Identify all exhibits that you intend to use at the trial of this
matter and state whether they will be used during the liability or damages portions of the trial.
ANSWER:
n~l1m"nt #?4RA.44
14. Books, magazines, etc. -- If you intend to use any book, magazine, or other such
writing at trial, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
ANSWER:
nO{".1Impnt #?a.R444
15. Admissions. -- If you intend to use any admission(s) of a party at trial, identify
such admission(s).
ANSWER:
nor.l1ml'"nf it?4R444
16. Do you contend that the contract was or is, for any reason, void because it is
against the principles of law or public policy? If so, upon what facts do you rely to substantiate
this contention?
ANSWER:
nnr.nmt":Tlt ~?4R.i144
17. Authenticity of Documents:
a.
and correct
Defendants?
To you agree that the documents attached to Plaintiffs Complaint are true
copies of those documents as they appeared when executed by the
b.
If not, what is your factual basis for your Answer?
c. Identify each document that you claim to have been altered after it was
executed by the Defendants.
d. Identify each term of any document that you contend to have been altered
after the document was executed by the Defendants.
e. Identify the person whom you claim altered each document that you claim
to have been altered after the document was executed by the Defendants.
ANSWER:
nn~lIrn,.nt t!?dR4A4
18. Identify each and every instance in which Anthony J. Buzzelli or Marta M.
Buzzelli indicated that they did not intent to purchase the Property? Include in your response:
a. The date on which the indication occurred.
b. The manner in which Anthony 1. Buzzelli or Marta M. Buzzelli indicated
that they did not intend to purchase the property.
c. The reason, if any, given by Anthony J. Buzzelli or Marta M. Buzzelli why
they did not intend to purchase the property.
d. The person to whom the indication was made.
ANSWER:
.
nl"l('.l1rn...nt ii?4R.444
Dated: F:e,/",_;; .t ~ Z-..3
nnr.nrnpnt H?4R:44&
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By .-27.-:/ ~~
David H. Martineau, Esquire
Attorney J.D. No. 84127
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
~
Attorneys for Plaintiff
CERTIFICATE OF SERVICE;
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.e., hereby certify that I served a true and correct copy of Plaintiffs Answer to Defendants'
New Matter, with reference to the foregoing action by first class mail, postage prepaid, this )/t/I<-
day of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
METZGER, WICKERSHAM, KNAUSS & ERB, P.e.
,?~~~~ ----
Document #248444
THOMAS S. MITROS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: NO. 01-6401
J. ROBERT SNYDER and HELEN T.
SNYDER,
Defendants JURY TRIAL DEMANDED
PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANTS - FIRST SET
TO: J. Robert Snyder
Hellen T. Snyder
Pursuant to Pa.R.C.P. No. 4009.1 and 4009.11, you are hereby requested to produce for
inspection and copying at the offices of the Plaintiff's counsel, David H. Martineau, Esquire,
Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg,
Pennsylvania, 17110-0300, or at such other location as being mutually agreed upon by counsel,
not later than thirty (30) days after service of these requests the following documents. In lieu of
the formal scheduled production, copies of all requested documents with signed and verified
responses may be forwarded to Plaintiff's counsel at the abov.e address within thirty (30) days
after service of these requests. The definitions contained in the Plaintiffs First Set of
Interrogatories Addressed to Defendants, are incorporated herein as if fully set forth.
1. Any and all statements as defllled by Pa.R.C.P. No. 4003.4.
2. Any and all expert reports discoverable under PaR.c.p. No. 4003.5.
3. Any and all correspondence related to the Sal,~ of the Property to Anthony J.
Buzzelli and Marta M. Buzzelli.
4. All documents relating to the sale of the Property to Anthony 1. Buzzelli and
Martha M. Buzzelli, including but limited to any contracts and closing documents. Include both
copies of any contracts as they now appear and copies of any cDntracts as Defendants claim that
they appeared at the time they were executed by Defendants.
nnr.nmf"1lt ii?"'l! h
S. Any and all correspondence related to the sale of the Property to Community
Refuse Services, Inc., including but limited to any contracts and closing documents.
6. All documents relating to the sale of the Property to Community Refuse Services,
Inc.
7. All other writings, memoranda, data, and/or tangible things which relate directly or
indirectly to the incident and damages referred in the Complaint (excluding references to mental
impressions, conclusions or opinions representing the value or merit of the claim or defense or
respecting strategy or tactics and privilege communications from .m to counsel).
8. Any and all documents prepared by you during the investigation of any aspect of
the incident in question excluding those documents not discoverable under Pa.R.C.P. No. 4003.5
and the attorney-client privilege.
9. Any and all documents prepared by insurers, representatives, agents, or anyone on
your behalf during the investigation of any aspect of the incident in question excluding those
documents not discoverable under Pa.R.C.P. No. 4003.3, 4003.5 and the attorney-client
privilege.
10. Any and all documents and/or exhibits which you intend to offer or identify as
exhibits and/or evidence in any depositions or at trial of this matter.
11. Any and all documents identified in your answers to any set of Interrogatories
propounded by any party to this litigation.
These Requests are deemed to be continuing Requests, and any and all documentation or
information requested herein which is discovered, obtained or available subsequent to the first
response hereto shall be furnished immediately to Plaintiffs counsel.
- 2 -
f)n~lIm...nt 1:J.7(,.?, 1 r..
Dated: hi,.,,;? .!'t:/~3
f"'),v.nmt"nt ii?F.? 11 h
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY~~ ~~ _
David H. Martineau, Esquire
Attorney J.D. No. 84127
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
- 3 -
~
CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certifY that I served a true and correct copy of Plaintiffs Request for Production of
Documents to Defendants - First Set with reference to the fon:going action by fIrst class mail,
postage prepaid, this J!:Lti'fJ.ay of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, P A 17603
~f~
~
David H. Martineau
nn('llmpnt ii?f,.? 11 f.
CERTIFICATE OF SERVICE
AND NOW, I, David H. Martineau, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C.,
attorneys for Plaintiff, hereby certify that I served the foregoing document this day by depositing the
same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania, addressed
to:
Anthony Marc Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster,PA 17603
~;#/~~
David H. Martineau, Esquire
Date: June li, 2003
Document #283294
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THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
MOTION TO M A KF. RTTT.F. TO SHOW C AI/SF. A RSOT ,TTTF.
AND NOW, this -1!!- day of /lV',,- "'J f ,2003, comes David H.
(/
Martineau, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the
within Motion stating in support thereof as follows:
1. On or about June 26, 2003, Plaintiff filed a Motion to Compel pursuant to
Pa.R.C.P. 4006(a) and 4019.
2. On or about July 9, 2003, the Prothonotary's OfJice caused a copy ofthe Rule to
be served on the Defendants, using pre-posted envelopes provided to the Prothonotary's Office at
time of filing ofthe Motion, as per instruction from the Prothonotary's Office.
3. Defendants have not filed any answer to the Motion to Compel Discovery.
4. Since the Rule to Show Cause was served upon the Defendants, the Defendants
have not filed any Objection or Answer as of July 31, 2003.
WHEREFORE, Petitioner respectfully requests this Honorable Court issue an Order:
a. The Rule to Show Cause is made absolute;
285715-1
b. Compelling Defendants to provide full lmd complete answers to Plaintiff's
First Set ofInterrogatories and Plaintiff's First Set of Request for
Production of Documents within ten (10) days of service of this Order; and
c. Granting any other relief with regard to Defendants' failure to make
discovery as is just and proper.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
D~~~~
.J
-
By:
David H. Martineau, Esquire
Attorney J.D. No. 84127
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17]'10-0300
(717) 238-8187
Attorneys for Plaintiff
Date: August~, 2003
285715-1
VF.RIFIC'A nON
I, David H. Martineau, Esquire, hereby certifY that the facts set forth in the foregoing
Motion are true and correct to the best of my knowledge, information and belief, that this Motion is
not interposed for the purpose of delay, and that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities.
u//t" ~ :2
David H. Martineau
Date: August~, 2003
285715-1
CRRTIFICATR OF SRRVlCR
AND NOW, this k day of August, 2003, I, David H. Martineau, Esquire, of
METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certify that I have this day served
the within Motion by depositing a copy of the same in the United States Mail, First Class,
postage prepaid, to the individual( s) addressed below.
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, P A 17603
12/~~~
By:
David H. Martineau, Esquire
285715-1
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(7)
THOMAS S. MITROS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
ORnFR
AND NOW, this 1 J.i'day of ~
ADJUDGED, and DECREED that:
_, 2003, it is ORDERED,
1. The Rule to Show Cause is made absolute;
2. Defendants are to provide full and complete answers to Plaintiff's First Set of
Interrogatories and Plaintiff s First Set of Request for Production of Documents
within.;;.~a~ service of this Order; and
3. such other relief as the Court may deem necessary.
J.
f'<~
1/\' \~~6?
Ot\,C
285715-1
THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J. ROBERT SNYDER and HELEN T.
SNYDER,
CNIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
MOTION OF PLAINTIFF FOR
SANCTIONS FOR FAILURE TO COMPLY
WITH mSCOVRRV OR' "r.A T~
Plaintiff respectfully moves this Honorable Court for an Order imposing sanctions upon
Plaintiff, pursuant to PaRC.P. 4019, for failure of Defendants to comply with prior Order of Court
directing him to comply with discovery obligations. In support of this Motion, Plaintiff states as
follows:
1. Plaintiff filed a Civil Complaint in this matter, alleging breach of contract in that
Defendants have failed to pay Plaintiff under the terms of a real estate Listing Contract.
2. Defendants filed an Answer denying that any monies are owed to Plaintiff.
3. On February 24,2003, Plaintiff served upon Defendants Interrogatories and
Requests for Production. The Interrogatories are limited in numb(:r, inquiring into recognized areas
of discovery, and the Requests for Production likewise call for the production of documents or
other items which may lead to the discovery of admissible evidence.
4. Defendants have provided no responses to the Request for Production of
Documents. A Copy of the Requests for Production, and transmittal letter of Plaintiff are attached
as Exhibits A and B.
Document #148013
~vhihit A
\-
,
'\IItGIUX'i
"
."
S. Any and all correspondence related to the sale of the Property to Community
Refuse Services, Inc., including but limited to any contracts and closing documents.
6. All documents relating to the sale of the Property to Community Refuse Services,
Inc.
7. All other writings, memoranda, data, and/or tangible things which relate directly or
indirectly to the incident and damages referred in the Complaint (excluding references to mental
impressions, conclusions or opinions representing the value or merit of the claim or defense or
respecting strategy or tactics and privilege communications from an to counsel).
8. Any and all documents prepared by you during the investigation of any aspect of
the incident in question excluding those documents not discoverable under Pa.R.C.P. No. 4003.5
and the attorney-client privilege.
9. Any and all documents prepared by insurers, representatives, agents, or anyone on
your behalf during the investigation of any aspect of the incident in question excluding those
documents not discoverable under Pa.R.C.P. No. 4003.3, 4003.5 and the attorney-client
privilege.
10. Any and all documents and/or exhibits which you intend to offer or identify as
exhibits and/or evidence in any depositions or at trial of this matter.
11. Any and all documents identified in your answers to any set of Interrogatories
propounded by any party to this litigation.
These Requests are deemed to be continuing Requests, and any and all documentation or
information requested herein which is discovered, obtained or available subsequent to the first
response hereto shall be furnished immediately to Plaintiff s counsel.
- 2-
nn"'_nrn~nt N?";'11':;
"
Dated: hi",? -!'1'./~.3
~l1mp"t t/?f.?, 1 (,
"
,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY~;~~ ~ ~ ~
David H. Martineau, Esquire -==--
Attorney J.D. No. 84127
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
- 3 -
"
.
CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P.C., hereby certify that I served a true and correct copy of Plaintiff's Request for Production of
Documents to Defendants - First Set with reference to the foregoing action by first class mail,
postage prepaid, this J:L~ay of February, 2003, on the following:
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, P A 17603
1--2/;p~ <
David H. Martineau _
nn~l1mf1nt;/i''''11h
(Q)
[P
y
SINCE 1888
3211 North Front Street
PO. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
February 24, 2003
OthP.f Offices
Colonial Park Mechanicsburg
717-652-7020 717-691-5577
Millersburg Shippensburg
717-692-5810 717-530-7S1S
Anthony M. Hopkins, Esquire
Nikolaus & Hohenadel, LLP
212 North Queen Street
Lancaster, PA 17603
(C
Re:
Thomas S. Mitros v. J. Robert Snyder and Helen T. Snyder
Dear Mr. Hopkins:
Herewith are Plaintiffs' First Set of Interrogatories and First Set of Request for Production of
Documents directed to your clients. I await your responses in the time permitted by law.
Thank you.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
David H. Martineau
DHMJanun
Enclosures
Document #: 262210.1
James F. Carl
Edward E. Knauss, IV*
Jered L. Hock
Steven P. J\.finer
Oark DeVere
Francis J. Lafferty, IV
David H. Martineau
Andrew W. Norfleet
Melissa L. Van Eck
Andrew C. Spears
Young-Suh Koo
~ Board Certified in civil
trim law and advocacy
~!.~ !,,~tjDnal Board
Exhibit 0
1 a~ i
THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
CRRTTFlCATE OF SFRVTCE
AND NOW, this 914. day of December, 2003, I, David H. Martineau, of Metzger,
Wickersham, Knauss & Erb, P.e., attorneys for Plaintiff, Thomas S. Mitros, hereby certify that I
served the foregoing Motion for Sanctions this day by depositing the same in the United States
mail, postage prepaid, certified, return receipt requested, in Harrisburg, Pennsylvania, addressed to:
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, P A 17603
r?/// /rZ..
"
By:
....---
David H. Martineau, Esquire
Docunrent#148013
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THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
(;RRTTFJ(;A TR OF SRRVT(;F
AND NOW, this f.. day of November, 2003, I, David H. Martineau, Esquire, of
METZGER, WICKERSHAM, KNAUSS & ERB, P.c., hereby certify that I have this day served
the Order Compelling Discovery, dated August 7, 2003 by depositing a copy of the same in the
United States Mail, First Class, postage prepaid, to the individual(s) addressed below.
Anthony Marc Hopkins, Esquire
212 North Queen Street
Lancaster, P A 17603
._~
By: L---4;?; . L~ /._____ .....
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THOMAS S. MITROS,
Plaintiff
J. ROBERT SNYDER and HELEN T.
SNYDER,
CIVIL ACTION - LAW
NO. 01-6401
Defendants
JURY TRIAL DEMANDED
ORnJi'.R
AND NOW, this/Uit1aYOf L:JULh'1.6l/C
,2001, it is hereby
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Document #148013
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THOMAS S. MITROS,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-6401 CIVIL TERM
J. ROBERT SNYDER and
HELEN T. SNYDER,
Defendants
JURY TRIAL DEMANDED
IN RE:
MOTION FOR SANCTIONS
ORDER OF COURT
AND NOW, this 5th day of January, 2004, it
appearing that the diScovery has been provided, albeit late, the
to the requested discovery. Counsel is directed to provide the
for the actual time expended in connection with forcing answers
motion for sanctions will be limited to an award of attorney fees
Court and Defendant's counsel with a breakdown of the billing to
is then given 10 days to make any objections to the
support their request for counsel fees. The Defendant's counsel
will enter an order awarding fees upon request of Plaintiff's
reasonableness of that billing. If no objections are made, we
counsel.
~avid H. Martineau, Esquire
Attorney for Plaintiff
~nthony M. Hopkins, Esquire
Attorney for Defendants
srs
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01 - 07 -0'1
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nthony Marc Hopkins, Esquire
IKOLAUS & HOHENADEL, LLP
12 North Queen Street
ancaster, PA 17603
717) 299-3726 FAX (717) 299-1811
-mail: thopkins@nikolaushohenadel.com
ttorney J.D. # 47394
ttorney for Plaintiffs
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
THOMAS A. MITROS,
vs.
CIVIL ACTION - LAW
J. ROBERT SNYDER and
HELEN T. SNYDER,
NO. 01-6401
Defendants/Additional Plaintiffs
vs.
MICHAEL BANGS,
Additional Defendants
PRAECIPE TO SETTLE. DISCONTINUE
AND END WITH PREJUDICE
1. Please mark the Plaintiff's case against the Defendants settled, discontinued and
ended with prejudice.
2. Please mark the Defendants/Additional Plaintiffs' case against the Additional
Defendant, Michael Bangs, settled, discontinued and ended with prejudice.
Date:
Date:
'1 hJ>/ u>
BY:
;I /l-/~.5-
,
BY:
NIKOLAUS & HOHENADEL, LLP
CVJ
Anthony Marc Hopkins
Attorney for Defendants
J. Robert Snyder and Helen T. Snyder
METZGER, WICKERSHAM, KNAUSS
& ERB, P.c.
Z? /,$~--=/')
David H. Martineau, Esquire
Attorney I.D. No. '? 'II Z. 7-
Attorney for Plaintiff Thomas A. Mitros
- 2-
CERTU'ICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the foregoing document
upon the following person(s) and in the following manner, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure.
Service bv First Class Mail
David h, !\1:l!.ill1;':;UJ, E;;quir;::
Metzger, Wickersham, Knauss & Erb, P.c.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Kathryn Lease Simpson, Esquire
Mette, Evans & Woodside
3401 North Front Street
PO. Box SQSO
Harrisburg, P A i 7] lO-09S0
NIKOLAUS & HOHENADEL, LLP
Date:.
1(~!c55
BY:
c~/vvtA4-ih __
Anthony Marc Hopkins, Esquire
Attomey for Defendants,
J. Roherl Snyder and Helen T. Snyder
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