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HomeMy WebLinkAbout08-1879NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA -COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Op-- 1879 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAM F A?PE LLANT MAG. DIST. D. On AME OF ..J. I ?> a q-3-0 3 ADDRESS O APPELLANT CITY STATE ZI? COD[ q5Z DATE OF JUDGMENT IN THE CAS[ OF IPla.nt•III CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT 19 (M This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy v If appellant was C imant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary , Enter rule upon ` L,• appellee(s), to file a complaint in this appeal e Name of appellee(s) (Common Pleas No. 0?"' ©79 1 within twenty (20) days after service of rule or suffer entry of judgment of non pros. t L Signature of a p la his attorney or agent RULE: To appelleels) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: A AOPC 312-90 of Prothonotary or Deputy COURT FILE TO BE FILED WITH PROTHONOTARY r GERALD L. STAKE, Plaintiff V. CLYDE E. DEHART, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2008-1879 CIVIL TERM PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Gerald L. Stake, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May ?, 2008 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DAVID A. MORGAN, JR., ESQUIRE 114 WEST MAIN STREET P.O. BOX 700 DALTON, PA 18414-0700 Date: , 2008 IRWIN & McKNIGHT Dough . Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 l Z z G,3 Jt:' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service)--_ 19 { by personal service f b (certified) (registered) mai[, y sender's receipt attached hereto, and upon the appellee, (name/?-----------_-------.._..--_-_ ---______ ____.---------.--------._._._---_-..___-_ on , 19 i_ by personal service D by (certified) (registered) mail, sender's receipt attached hereto. riffs and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon: the appellees) to whom the Rule was addressed 19__, by personal service .-_' by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Signature of affianr Signature of official before whom affidavit was made Title of official My commission expires on 19 . C' =.a ' J Tj W r r . Q m F C7 rr 00 y I r* 01 `L tG? 08- 18 79 COMMONWEALTH OF PENNSYLVANIA (;(MINTY OF- CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone (717 ) 486-7672 17065 CLYDE E. DEHART JR 439 E. MAIM ST. WESTFIELD, PA 16950 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JODGMaCRT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME anc ADDRESS _ rSTASE, GERALD L 142 E. LOUTHER ST. CARLISLE, PA 17013 L - VS. DEFENDANT: NAME and ADDRESS _ I_DEHART JR, CLYDE E 439 H. MAIN ST. WESTFIELD, PA 16950 L - Docket No.: CV-0000472-07 Date Filed: 12/28/07 _ (Date of Judgment) 2/26/08 ® Judgment was entered for: (Name) STATE, GERALD L ® Judgment was entered against: (Name) DEHART JR, CLYDE E 5 153 1 in the amount of $ ' F] Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time R This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5,000.00 Judgment Costs $ 153.15 $ .00 Interest on Judgment Attorney Fees $ .00 Total $ 5,153.15 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME-FROM HE-GOUR-T' OFC IMON PLEAS MD-NG FURTI IER PROCESS •AY BE SSUE6 ?1?T+iE MA&1STEf11,4L_DISTRWT?JUDGE . - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r Date I certify that this is a true d correc copy of the recd y Date , Magisterial District Judge of th# proceedings containing the judgment. My commission expires first Monday of January, 2010 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 3/05/08 8:17:00 AM PROOF OF SERVICE OF, NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) OMMONWEA OF PENNSYLVANIA OUNTY 0? ? Ww ss FFIDAVIT: I hereby swear or affirm that I served -9 r. /? f,MrvvCJ r? " a copy of the tice Qf peal Common Pleas No. \, la c eofservice) _ upon t e Di rict Justice designated therein on r c pt atta hed here o, a d u on th a 7 by Perso al service by (certified) (registered) mail, sender's P ppellee, (name) - on by personal service by (certified} (registere mail, sender's receipt attached hereto. d further that I served the Rul File k omplaint accompanyi the above Notice of whom the Rule was addressed on _ peal a he appellee(s) to by personal service mail, sender's receipt attached her Y (certified) (registered) ORN (AFFIRMED) AND SUBSCRIBED BEFORE ME [ISDAY OFt --? Signature of affianr official before whom affidavit was made .?i?Crl- of official '` commission expires on°?? rg 2G Z COMMONWEALTH OF PENNSYLVANIA f, NOTARIAL SEAL GAIL G BOWER, NOTARY PUBLIC BORO OR CLARKS SUMMIT, LACKAWANNA CTY. MY COMMISSION EXPIRES MAR. OS, 2012 DMMOINlt1);EALTH OF PENNSYLVANIA ?r-. COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAM P ArrE LLANT I MAG. GIST. NO. ON NAM! Or D.J. e lAooct a q- -a 3 ADDRESS Xrki.LANT cITV STATE ZIP CODE -VP ?;- q5Z e 43 li:7 ? DATE Or JUDGMENT 11N. THE CASE Or liv-,lll ? - - 1D fer?da??rl -2,,2G v5. 3 CLAIM NO. SIGNATURE Or APPELLANT-Oft HIS ATT NET ON AGENT Cv- V12 . LT 19 This block will be signed ONLY when this notation is required under Pa. If appellant was C imam (see Pa. R.C.P.J.P. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after Ming his NOTICE of APPLAL. i Signature of Prothonotary or Deputy -PRAECtP€ TO ENTER RULE' TO FILE COMPLAINT AND RU=LE TO' FILE (This section of farm to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1661(7) in' action before District Justice. IF NOT USED, detach from copy of notice cr(i apeel to be served-upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appellee(s), to file a complaint in this appeal tt A Name of appe#Ws) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. r Signature of his, a"Idy"I( or agent RULE: To Gf r & 4 QL ' ppellee(s) _ - Afhnir of applifee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the,.date of service of this rule upon you by personal service or by certified or registered mail. I 411 (2) If you do'nat fife'a complaint within this time, a JUDGMENT OF NON PROS WI LL BE L Ft1- PS`i T 11 U _ (3)_ The date of service of this rule-,if service was by mail is the date of mailing. f ?I Date,~ tO FS I re of firothiiinina4 or Deputy I I Postal m n.l CERTIFIED MAIL f, RE CEIPT (Domestic Only; No Ins urance Coverage Provided) M For deliv r f ti ? m e y in orma on visit J ou r website A at www.usps.com, 1 M M Postage $ £ • 4 4 ° 0 cerottea Fee t2. Nil 0 0 Return Receipt Fee (Endorsement Required) X2. IT e 0 Restricted Delivery Fee ?"" ?Q (Endorsement Required) \ :uU r i Total Postage 3 Fees $ ?? • 21 04/102/2008 ul - 0 0 C3 e"r To L. Stake S&iWAW IHO.r----------•-------'••----------------------------------------------•--- orPOSoxNo. 142 E. Louther St. city, sire: =f a r 1 i s e- PS Form 3800. Juoe 2002 ---PA -----T7 013--------------- 1", 11,A, "Clo", n MAI CERTIFIED RE L CEIPT CO , r- (Domestic Mail Only; No I nsurance Coverage Provided) M For delivery information visit our website at www.usps.com,, tr U-) M Postage $ $0.41 041? nAL Tp $2.65 2 O O Certified Fee imet(r/a Po 0 Return Receipt Fee 52.15 ? (Endorsement Required) G a Restrbted Delivery Fee (Endowment Required) 50.00 (P A A ,x? v ra .w R_?i n ?I?N1) Ln Sent 'ro E3 Susan K. Day r Sneer, Apr: rifo- ------------------------------------------•--•--------------•---------- orPOBarNo. 229 Mill St. Box 167 crty srare,zrP+gW, Holly Springs, ? ?t ? t ? ? ? ..,s C.-'? 3s ? p ?? ? cn t c . GERALD L. STAKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008 -1879 CIVIL TERM CLYDE E. DEHART, JR., CIVIL ACTION -LAW Defendant NOTICE TO DEFEND 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, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. GERALD L. STAKE, Plaintiff V. CLYDE E. DEHART, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2008 -1879 CIVIL TERM CIVIL ACTION -LAW COMPLAINT AND NOW comes the Plaintiff, GERALD L. STAKE, by and through his attorneys, Irwin & McKnight, to make the following Complaint and in support thereof avers as follows: 1. The Plaintiff, Gerald L. Stake, is an adult individual with a principal residence located at 142 East Louther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Clyde E. DeHart, Jr. is an adult individual whose current principal residence, upon information and belief, is 439 East Main Street, Westfield, Tioga County, Pennsylvania 16950. 3. The property which is the subject of this litigation is known and numbered as 1552-1554 Holly Pike, Carlisle, South Middleton Township, Cumberland County, Pennsylvania 17013 (hereinafter the "Property"). 4. Improvements upon the Property include a farmhouse, a barn leased and used for retail sales, and a 60' x 120' structure from which Defendant at one time operated auction services. 5. On or about July 17, 2006, the parties entered into an Agreement for the Sale of Commercial Real Estate for the sale of the Property to Plaintiff in order to transfer his existing retail cycle business to the 60' x 120' structure located on the Property. A true and correct copy of the signed Agreement is attached hereto and incorporated herein as Exhibit "A." 2 6. In accordance with Exhibit "A," the purchase price of the Property with improvements was to be Eight Hundred Ninety-five Thousand and no/100 ($895,000.00) Dollars. 7. Both parties were represented by the real estate brokerage and agency of Re/Max Sterling Associates, Inc. 8. Also in accordance with the Agreement attached as Exhibit "A," Plaintiff paid the sum of Five Thousand and no/100 ($5,000.00) Dollars toward the purchase price of the Property upon the signing of the Agreement. 9. Plaintiff's initial payment was deposited into and continues to be held by the real estate brokerage of Re/Max Sterling Associates, Inc. 10. In accordance of Paragraph 8 of the parties' Agreement, the purchase of the Property was contingent upon the Plaintiff obtaining commercial financing for the purchase on or before September 15, 2006. 11. On or about September 19, 2006, the parties signed an Addendum to the Agreement of Sale, which in part extended the deadline for Plaintiff to obtain financing to October 20, 2006. A true and correct copy of the signed Addendum is attached hereto and incorporated herein as Exhibit "B." 12. In furtherance of his intent to relocate his retail cycle business to the Property, Plaintiff actively sought the necessary approvals from South Middleton Township. 13. Officials from South Middleton Township ultimately determined in particular that the 60' x 120' building located on the Property would require the installation of sprinkler systems and a water pool at the Property. 3 14. As a result of the additional requirements imposed by South Middleton Township for fire safety improvements to be made to the Property, Plaintiff was not able to secure the necessary commercial financing. A true and correct copy of correspondence from the Assistant Vice President of American Home Bank is attached hereto and incorporated herein as Exhibit «C )) 15. Plaintiff thereafter requested that Defendant agree to terminate the Agreement and release his deposit of $5,000.00. 16. Despite repeated requests from Plaintiff and his representatives, Defendant failed and refused to release to Plaintiff his deposited funds of $5,000.00. 17. Nevertheless, Defendant resumed his attempts to sell the Property and locate a new purchaser for the Property. 18. Upon information and belief, however, Defendant failed and refused to continue to fulfill his own mortgage payment obligations secured by the subject Property. 19. Upon information and belief, as a result of Defendant's failure to pay his mortgage obligations foreclosure proceedings were subsequently initiated against Defendant involving the subject Property. 20. Upon information and belief and as a result of the aforementioned foreclosure proceedings against Defendant, the Property is no longer owned by Defendant but is titled in the name of Defendant's former financial institution, Cornerstone Federal Credit Union. 21. Defendant therefore no longer has an ownership in the Property, will be otherwise unable to convey the Property to Plaintiff, could not perform the terms of the parties Agreement, and is not entitled to deposit monies paid by Plaintiff. 4 22. The actions by Defendant constitute a material breach of the written Agreement entered into by the parties and attached as Exhibits "A" and "B," which breach has caused and continues to cause the Plaintiff from recovering the funds he paid to Re/Max Sterling Associates, Inc. 23. The Defendant's refusal to release Plaintiffs deposit is arbitrary, capricious, vexatious, and without good cause, and in breach of the written Agreement of the parties, as amended, attached hereto as Exhibits "A" and "B." 24. The Defendant's appeal from the Notice of Judgment dated February 26, 2008, by Magisterial District Judge Susan K. Day, as well as the continued delay caused by the Defendant's actions is arbitrary, capricious, vexatious, and without good cause. 25. As a direct and proximate result of the actions of the Defendant, Plaintiff has been without the use of his deposit monies, and has incurred and will continue to incur costs and expenses associated with litigation initiated in order to recover his deposit monies, including filing costs and attorney fees. 26. As a direct and proximate result of the actions of the Defendant, Plaintiff has suffered detriment and injury and will continue to incur expenses and attorney fees to recover his deposit funds. 27. Plaintiff seeks recovery of his deposit of $5,000.00, recovery of filing costs in the amount of $167.50, and recovery of Plaintiffs attorney fees. WHEREFORE, Plaintiff respectfully requests that this Court direct the release of the real estate deposit to Plaintiff and award damages against the Defendant in the amount of Five Thousand One Hundred Sixty-Seven and 501100 ($5,167.50) Dollars, together with attorney 5 fees, costs, and interest as permitted by law and such other and further relief as this Court shall deem fair, just, and proper. Respectfully submitted, IRWIN & McKNIGHT r- r Dated: July 7 , 2008 By: Douglas . Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Gerald L. Stake 6 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. GERALD L. STAKE Date: 7/7/08 EXHIBIT "A" AGREEMENT FOR THE SALE OF COMMERCIAL REAL ESTATE A/S-C This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORSO (PAR). L S BUSINE,5&RELATIONSHIM WITH PA LICENSED BROKER BROKER (Company) i?'1 a°N 'f ?JStz`t-. I r1G ?' rs` o r r h n'? L r PHONE ADDRESS FAX BROKER IS THE AGENT FOR SELLER. Designated Agent(s) for Seller, if applicable: OR Broker is NOT the Agent for Seller and is al/an: ? AGENT FOR BUYER ? TRANSACTION LICENSEE . - jUTER'S BUSINESS RELATIO SHIP WITH PA LICENSED BROKER BROKER (Company) _?_ r'? T c?._ +i , I c ti t AZ_ . c PHONE ADDRESS FAX BROKER IS THE AGENT FOR BUYER. Designated Agent(s) for Buyer, if applicable: OR Broker Is NOT the Agent for Buyer and is a/an: ? AGENT FOR SELLER ? SUBAGENT FOR SELLER ? TRANSACTION LICENSEE When the same Broker is Agent for Seiler and Agent for Buyer, Broker is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are lleparate Designated Agents for Buyer and Seller. If the some Licensee is designated for Seller and Buyer, the Licensee is a Dual Agent. 1 1. 016 Agreement dated is between 1 2 ??tJwE ` ' - SELLER(S): ?C -S wi 2 , . 3 3 4 , called "Seller," and 4 5 BUYER(S): 5 6 6 7 , called "Buyer." 7 a 2. PROPERTY. Seiler hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: d thereon erected, if any, known as: ground wj th ildlngs and improvements f b ALL L THAT CERTAIN lot or tece o 3 to L` , ? ? 10 ? 11 11 1z in the -? r , + A of County of (. 12 13 Commonwealth of Pennsylvania, Zip Code 13 14 Identification (e.g., Ti, ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) 14 . 16 16 17 3. TERMS (10-01) ?. (A) Purchase Price Cly 1 r , t 1wlD2.L7 tJ I tiL-,vil 11 vE U.S. Dollars 1t 17 is which will be paid to Seiler by Buyer as follows: to 19 (1) Cash or check at signing this Agreement: $ t9 20 (2) Cash or check within __12:_ days of the execution of this Agreement: $ 2u 21 (3) $ 21 22 (4) $ 23 „ (5) Cash, cashier's or certified check at time of settlement: $ tT `1 L) , C? "D..) 22 2; TOTAL $ 24 t 25 ' (B) Deposits paid on account of purchase p ice to be held by Broker for Setter, unless otherwise stated here: -7- 25 26 (C) Seller's written approval on or before: 27 (D) Settlement to be on L,< rd :.%? r 1. r t r or before if Buyer and Seller agree. 26 jb25 (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 29 30 30 31 (F) Payment of transfer taxes will be divided equally between Buyer and Setter unless otherwise stated here: 31 32 32 33 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: 33 34 taxes (see Notices and Information Regarding Tax Proration); rents; interest on mortgage assumptions; condominium fees, if any; water 34 35 and/or sewer fees, if any; together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: 35 36 Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement, unless otherwise stated here: 36 37 37 38 (H) Buyer shall reimburse Seller for the actual costs of any remaining heating, cooking or other fuels stored on the Property at the time of 38 39 settlement, unless otherwise stated here: 39 40 4. FIXTURES & PERSONAL PROPERTY (1-00) 40 41 (A) INCLUDED in this sale and purchase price are all existing items permanently installed in the Property, free of hens, including plumbing; 41 02 HVAC equipment; lighting fixtures (including chandeliers and ceiling fans); and water treatment systems, unless otherwise stated below. 4z 43 Also included: -n-1 V J , ,. c• 01:'rnP 47 44 44 45 (B) LEASED itemi: 45 46 46 47 (C) EXCLUDED fixtures and items: 47 48 48 49 S. SPECIAL CLAUSES: 49 50 (A) The following are part of this Agreement if checked: 50 51 ? ? 51 52 ? ? 52 t 53 (B) SPECIAL PROVISIONS (IF ANY): 53 I 54 72 ;; I„ 54 55 5 r 56 ( lUO (V Cl rr r 1':n??? ? C ? 56 y L 6p 1-G 56 , [ ?[ / j.?l vi Li FC (,1 jI`t. -I )I I`& [4 '.``e77lei)I ear. 57 68 5s Buyer Initials: X.Ll A/S-C Page I of 5 Seller Initials:CF) _ 59 rn Pawns vanin / sumiation of COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORSA' 2001 rT11 1"i REALTORSO so 6. POSSESSIOt+ (5-01) 6c 61 (A) Possession is to be delivered by deed, keys and: 81 62 1. Physical possession to vacant Property free of debris, with all structures broom clean, at day and time of settlement UNLESS other- 62 53 wise stated here: AND/OR 63 64 2. Assignment of existing lease(s), together with any security deposits and interest, at time of settlement, if Property is leased at the exe- 64 65 cution of this Agreement or unless otherwise specified here: 65 65 66 67 Buyer will acknowledge existing lease(s) by initialing said lease(s) at time of signing this Agreement if Property is leased. 67 68 (B) Seller will not enter into any new leases, written extension of existing leases, if any, or additional leases for the Property without writ- 68 69 ten consent of the Buyer. 69 70 7. DATES/TIME IS OF THE ESSENCE (5-01) 70 71 (A) The said date for settlement and all other dates and times referred to for the performance of any of the obligations of this Agreement are 71 72 hereby agreed to be of the essence of this Agreement. 72 73 (B) For the purposes of this Agreement, number of days will be counted from the date of execution, by excluding the day this Agreement 73 74 was executed and including the last day of the time period. 74 75 (C) The date of settlement is not extended by any other provision of this Agreement and may only be extended by written agreement of the Parties. 75 76 S. FINANCING CONTINGENCY (5-01) 76 77 ? WAIVED. This sale is NOT contingent on financing. 77 78 9 ELECTED 78 79 (A) This sale is contingent upon Buyer obtaining financing as follows: . 79 811 I ' -' 1. Amount of loan $ fe Be 51 2. Minimum Term --T- years 81 82 3. Type of loan C L_ 82 83 4. Buyer agrees to accept the interest rate as may be committed by the Mender, not to exceed a maximum interest rate of 96. 83 84 (B) Within lO days of the execution of this Agreement, Buyer will make a completed, written application to a responsible lender according to 84 85 the terms above. The Broker for Breyer, if any, otherwise the Broker for Seller, is authorized to communicate with the leader for the 85 86 purposes of assisting in the loan process. 85 87 (C) I. Upon receipt of a financing commitment, Buyer will promptly deliver a copy of the commitment to Seller. 87 88 2. Financing commitment date Unless 88 69 otherwise agreed to in writing by Buyer and Seller, if a written commitment is not received by Seller by the above date,'all deposit 69 90 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Buyer wilt be respon- 95 91 sible for any premiums for mechanics lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premi- 97 92 ums for flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee, if any; AND/OR 1 92 93 any appraisal fees and charges paid in advance to lender. iv, > i ` C' ?( ? }¦ 94 9. ZONING CLASSIFICATION (5-01) 'A. .3 ' ' 1 5 es 4 95 ti Failure of this Agreement to contain the zoning classification (except in cases where the property I and each parcelthereof. if subdivid tx ° 96 is zoned solely or primarily to permit single-family dwellings) will render this Agreement v?I?ttYiaa8* option of the Buyer, and, if voided, 96 97 any deposits tendered by the Buyer will be returned to the Buyer without any req ment for court action. ' 97 98 i •? r\ t Zoning Classification: r 98 99 10. ZONING CONTINGENCY (5-01) 99 100 ? WAIVED IN 101 ELECTED. Within days of the execution of this Agreement by all parties, Buyer will verify that the proposed use of the Property 181 702 as k • .., t . - • ,.. -A - is permitted. In the event the proposed use is not permitted, Buyer will, within the time 102 103 gi en for verification, notify Seller in writing that the proposed use of the Property is not permitted and Buyer will (check only one): ' 103 104 s decision of proceed with the Option 1. Within the time for verifying the zoning classification, notify Seller, in writing, of Buyer 104 toy purchase of the Property or terminate the Agreement. Should Buyer elect to temlinate the Agreement all deposit monies paid on I% 186 account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. Failure of Buyer to provide writ- 106 107 ten notice of Buyer's decision will constitute a WAIVER of this contingency and Buyer accepts the Property and agrees to the 107 108 RELEASE set forth in paragraph 25 of this Agreement. 108 109 ? Option 2. Make application for approval (or variancelnon-conforming uselconditional use/special exception) from tog lie (municipality) to use the Property as _ 110 111 (proposed use). 717 112 (A) Such application will be made on or before 112 113 (B) Buyer will pay for applications, legal fees, engineering and any other cost associated with obtaining approval. 113 114 (C) If the municipality requires the application to be signed by the current owner, Seller agrees to do so. 114 115 (D) If a final, unappealable approval is not obtained by all deposit 115 116 monies paid on account of purchase price will be returned promptly to Buyer and this Agreement will be VOID. 116 117 11. STATUS OF WATER (5-01) 117 118 Seller represents that Property is served by: lie 119 ? blic water 119 120 )(On-site water 125 121 ? Community Water _ 121 122 ? None 122 123 ? 123 124 Seller further warrants that the system(s) is/are fully paid for as of the execution date of this Agreement. 124 125 12. STATUS OF SEWER (5-01) 125 126 Seller represents that Property is served by: `, . , - -• 136 127 '? Public Sewer t?ud 4a- iljJsl6'I? 1 , >t t , + . • .ry + ,- ` '.ter y ,N _ ri; :1RL'I 128 ? Community Sewage Disposal System 129 ? Off-Property Sewage Disposal System L 129 130 )KIndividual On-Lot Sewage Disposal System (See Sewage Notice 1) (L j f 10 731 ? Individual On-Lot Sewage Disposal System in Proximity to Well (See Sewage Notice 1; see Sewage Notice 4, if applicable) t31 132 ? Ten-acre Permit Exemption (See Sewage Notice 2) W6 L& 132 133 Holding Tank (See Sewage Notice 3) 133 134 ? None (See Sewage Notice 1) 134 135 ? None Available (See Sewage Notice 5 or Sewage Notice 6, as applicable) 135 136 ? 136 137 Seller further warrants that the system(s) is/are fully paid for as of the execution date of this Agreement. 137 136 138 139 14o Buyer Initials: A/S-C Page 2 of 5 Seller Initials: (IJ 139 1.n 141 13. PROPERTY DEFECTS DISCLOSURE (10-0 1) 141 142 (A) Setter represents and warrants that Seller has no knowledge except as noted in this Agreement that: (1) The premises have been con- 142 143 144 145 146 1,17 143 149 159 151 152 153 154 155 158 157 158 159 160 161 162 laminated by any substance in any manner which requires remediation; (2) The Property contains wetlands, flood plains, or any other environmentally sensitive areas, development of which is limited or precluded by law; (3) The Property contains asbestos, polychlori- nated biphenyls, lead-based paint or any other substance, the removal or disposal of which is subject to any law or regulation; and (4) Any law has been violated in the handling or disposing of any material or waste or the discharge of any material into the soil, air, surface water, or ground water. (B) Seller and Buyer acknowledge that any Broker identified in this Agreement: (1) Is a licensed real estate broker; (2) Is not an expert in construction, engineering, or environmental matters; and (3) Has not made and will not make any representations or warranties nor con- duct investigations of the environmental condition or suitability of the Property or any adjacent property, including but not limited to those conditions listed in paragraph 13(A). (C) Seller agrees to indemnify and to hold Broker harmless from and against all claims, demands, or liabilities, including attorneys fees and court costs, which arise from or are related to the environmental condition or suitability of the Property prior to, during, or after Seller's occupation of the Property including without limitation any condition listed in paragraph 13(A). (D) The provisions of this Section will survive the performance of this Agreement. 14. NOTICES AND ASSESSMENTS (5-01) (A) Seller represents as of Seller's execution of this Agreement, that no public improvement, condominium or owner association assessments 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 violations 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: 143 144 145 146 147 146 149 150 151 152 153 154 156 156 157 158 159 lea 161 162 163 (B) Seller knows of no other potential notices (including violations) and assessments except as follows: 163 164 164 165 (C) Any notice of improvements or assessments received on or before the date of Seller's acceptance of this Agreement, unless improve- 165 166 ments consist of sewer or water lines not in use, shall be the responsibility of the Seller; any notices received thereafter shall be the 166 167 responsibility of the Buyer. 167 168 (D) If required by law, Seller will deliver to Buyer, on or before settlement, a certification from the appropriate municipal department or lea 169 departments disclosing notice of any uncorrected violation of zoning, building, safety, or fire ordinances. 169 170 (E) Buyer is advised that access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 170 171 15. TITLE AND COSTS (1-00) 171 172 (A) The Property is to be conveyed free and clear of all liens, encumbrances; and easements, EXCEPTING HOWEVER the following: 172 171 existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements 173 174 visible upon the ground, easements of record, privileges or rights of public service companies, land use restrictions pursuant to property 174 17a enrollment in a preferential tax program if any; otherwise the title to the above described real estate will be good and marketable and such 175 176 as will be insured by a reputable Title Insurance Company at the regular rates. 176 177 (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Insurance Company at 171 178 the regular rates, as specified in paragraph 15(A), Buyer will have the option of. (1) Taking such title as Seller can give, with no change 178 179 to the selling price; or (2) Being repaid all monies paid by Buyer to Seller on account of purchase price and being reimbursed by Seller 179 180 for any costs incurred by Buyer for those items specified in paragraph 15(C) and in paragraph 15(D) items (1), (2), (3), in which case lea 181 there will be no further liability or obligation on either of the parties hereto and this Agreement will become VOID. let 182 (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an 182 183 adequate legal description of the Property (or the correction thereof), wilt be secured and paid for by Seller. However, any survey or 183 184 surveys desired by Buyer or required by the mortgage lender will be secured and paid for by Buyer. 184 186 (D) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics lien insurance or fee for cancellation of same, if any; 185 185 (2) Flood insurance, fire insurance with extended coverage, mine subsidence insurance, and cancellation fees, if any; (3) Appraisal fees 186 187 and charges paid in advance to mortgage lender, if any; (4) Buyer's customary settlement costs and accruals. 187 lea 16. C AL NOTICE 188 189 NOTAPPLICABLE 189 190 ? APPLICABLE. THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDER- 190 191 NEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL. MAY HAVE THE COMPLETE LEGAL 191 192 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR 192 193 OTHER STRUCTURE ON OR IN SUCH LAND. (This notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) 193 194 "Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and 194 195 that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the eco- 195 196 nomic interests in the coal. This acknowledgement is made for the purpose of complying with the provisions of Section 14 of the Bituminous 196 197 Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees to sign the deed from Seller which deed will contain the 197 198 aforesaid provision. 190 199 17. TAX DEFERRED EXCHANGE (10-01) 199 200 ?/ NOTAPPLICABLE 200 tut ? APPLICABLE. In the event Seller wishes to enter into a tax deferred exchange for the Property pursuant to Section 1031 of the Internal 201 202 Revenue Code, Buyer agrees to cooperate with Seller in connection with such exchange, including the execution of such documents as may 202 203 be reasonably necessary to conduct the exchange, provided that there shall be no delay in the agreed-to settlement date, and that any addi- 203 204 tional costs associated with the exchange are paid solely by Seller. Buyer is aware that Seller anticipates assigning its interest in this 204 206 Agreement to a third party under an Exchange Agreement and does hereby consent to such assignment. Buyer shall not be required to ex.:- 205 206 cute any note, contract, deed or other document providing any liability which would survive the exchange, nor shall Buyer be obligated to 766 207 take title to any property other thanthe Property described in this Agreement. Seller shall indemnify and hold harmless Buyer against any 207 i6a liability which arises or i5 claimed to have arisen from any aVect of the exchange tr4nsaction. 1 208 209 18. C9l14MERCIAL CONDOMINIUM (10-01) 209 A 210 11c?? NOT APPLICABLE 210 211 ? APPLICABLE. Buyer acknowledges that the condominium unit to be transferred by the terms of this Agreement is intended for nonresi- 211 212 dential use, and that Buyer may agree to modify or waive the applicability of certain provisions of the Uniform Condominium Act of W 213 Pennsylvania (68 Pa. C.S. §3101 et. seq.). 213 214 19. RECORDING (5-01) This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public 214 215 record. If Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 215 216 20. ASSIGNMENT (3-85) This Agreement will be binding upon the parties, their respective heirs, personal representatives, guardians and suc- 2t6 217 cessors, and, to the extent assignable, on the assigns of the parties hereto. It is expressly understood, however, that the Buyer will not transfer or 217 218 assign this Agreement without the written consent of the Seller. 218 219 219 220 220 221 Buyer Initials: A/S-C Page 3 of 5 Seller Initials: L J _ 221 22, 224 225 226 227 228 229 230 231 232 23-3 234 235 236 22 237 238 239 240 241 242 243 244 23, 245 246 247 248 249 250 251 24. 252 253 254 256 25, 257 258 259 260 261 262 26, 263 264 265 266 267 268 269 270 271 272 2 73 274 275 276 27. 277 278 279 280 281 262 283 284 285 2a6 287 288 289 28. 290 291 292 293 294 295 296 297 29a 299 300 301 302 303 ..a.a vv.a .+..u a.r,...vr?a?a rva?u lr?+l 2Y2 (A) Deposits paid by Buyer within 30 days of settlement will be by cash, cashier's or certified check. Deposits, regardless of the form of 223 payment and the person designated as payee, will be paid in U.S. Dollars to Broker or party identified in paragraph 3(B), who will retain 224 them in an escrow account until consummation or termination of this Agreement in conformity with all applicable laws and regulations. 225 Any uncashed check tendered as deposit may be held pending the acceptance of this offer. 226 (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 227 State Real Estate Commission (49 Pa. Code §35.327) to retain the monies in escrow until the dispute is resolved. In the event of litiga- 228 tion for the return of deposit monies, a broker will distribute the monies as directed by a final order of court or the written agreement of 229 the parties. Buyer and Seller agree that, in the event any broker or affiliated licensee is joined in litigation for the return of deposit 23D monies, the attorneys fees and costs of the broker(s) and licensee(s) will be paid by the party joining them. 231 (C) A Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate 232 licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after 233 exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658, or (800) 822.2113 (within 234 Pennsylvania) and 717( -_? 783 4$U (outside Pennsylvania). 235 MAINTENANCE AND RISK OF LOSS (5-01) 236 (A) Seller will maintain the Property, and any personal property specified herein, in its present condition, normal wear and tear excepted. 237 (B) Seller will promptly notify the Buyer if, at any time prior to the time of settlement, all or any portion of the Property is destroyed, or 238 damaged as a result of any cause whatsoever. 239 (C) Seller will bear risk of loss from fire or other causes until time of settlement. In the event that damage to any property included in this 240 sale is not repaired or replaced prior to settlement, Buyer will have the option of rescinding this Agreement and receiving all monies 241 paid on account or of accepting the Property in its then condition together with the proceeds of any insurance recovery obtained by Seller. 242 Buyer is hereby notified that he/she may insure his/her equitable interest in this Property as of the time this Agreement is accepted. 243 CONDEMNATION (5-01) 244 Seller has no knowledge of any current or pending condemnation or eminent domain proceedings that would affect the Property. If any por- 245 tion of the Property should be subject to condemnation or eminent domain proceedings after the signing of this Agreement, Seller shall imme- 246 diately advise Buyer, in writing, of such proceedings. Buyer shall have the option to terminate this Agreement by providing written notice to 241 Seller within fifteen (15) days after Buyer learns of the filing of such proceedings, in which case Seller shall return to Buyer all money paid 248 on account of the purchase price by Buyer. Buyer's failure to provide notice of termination within the time stated will constitute a 249 WAIVER of this contingency and all other terms of this Agreement remain in full force and effect. 250 WAIVER OF CONTINGENCIES (1-00) 251 In the event this Agreement is contingent on Buyer's right to inspect and/or repair the Property, Buyer's failure to exercise any of Buyer's 252 options specified in the contingency provision(s) within the time limits will constitute a WAIVER of that contingency and Buyer accepts 253 the Property and agrees to the RELEASE set forth in paragraph 25 of this Agreement. 254 RELEASE (1-00) Buyer hereby releases, quit claims and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOY- 256 EES, and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or,&ORPORATION who may be liable by 257 or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and 258 all of the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood-boring insects, 259 radon, lead-based paint hazards, environmental hazards, any defects in the individual on-lot sewage disposal system or deficiencies in 260 the on-site water service system, or any defects or conditions on the Property. This release will survive settlement. 261 REPRESENTATIONS (5-01) 262 (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, 263 Brokers, their licensees, employees, officers, or partners are not a part of this Agreement unless expressly incorporated or stated in this 264 Agreement. It is further understood that this Agreement contains the whole agreement between Seller and Buyer and there are no other 265 terms, obligations, covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. 266 Furthermore, this Agreement will not be altered, amended, changed or modified except in writing executed by the parties. 267 (B) It is understood that Buyer has inspected the Property before signing this Agreement (including fixtures and any personal prop- 268 erty specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present condition unless 259 otherwise stated in this Agreement. Buyer acknowledges that Brokers, their licensees, employees, officers or partners have not 270 made an independent examination or determination of the structural soundness of the Property, the age or condition of the com- 271 ponents, environmental conditions, the permitted uses, or of conditions existing in the locale where the Property is situated; nor 272 have they made a mechanical inspection of any of the systems contained therein. 273 (C) Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 274 (D) The headings, captions, and line numbers in this Agreement are meant only to make it easier to find the paragraphs. 275 DEFAULT (1-00) 276 Should Buyer: 277 (A) Fail to make any additional payments as specified in paragraph 3; OR 276 (B) Furnish false or incomplete information to Seller, Broker for Seller, Broker for Buyer, or the lender, if any, concerning the Buyer's legal 279 or financial status, or fail to cooperate in the processing of the loan application, which acts would result in the failure to obtain the 280 approval of a loan commitment; OR 281 (C) Violate or fail to fulfill and perform any other terms or conditions of this Agreement; 282 then in such case, Seller has the option of retaining all sums paid by Buyer, including the deposit monies, 1) on account of purchase 283 - price, or 2) as monies„to be appliyd to Seller'* damages;., or 31 as liggidated dapiages, for such breach, as Seller in glect, unless-. 2e1, otherwise checked below. 1=1 Seller is limited to retaining sums paid by Buyer, including deposit monies as liquidated damages 285 286 , . If Seller elects to retain all sums paid by Buyer, including deposit monies, as liquidated damages, Buyer and Seller will be released from 287 further liability or obligation and this Agreement will be VOID. 288 CERTIFICATION OF NON-FOREIGN INTEREST (10-01) 289 ? Seller IS a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate subject to Section 1445 of the Internal 290 Revenue Code, which provides that a transferee (Buyer) of,# U.S. real property interest must withhold tax if the transferor (Seller) is a 291 foreign person. 292 Seller is NOT a foreign person, foreign corporation, foreign partnership, foreign trust, or a foreign estate as defined by the Internal 293 Revenue Code, or is otherwise not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code. To inform 294 Buyer that the withholding of tax is not required upon the sale/disposition of the Property by Seller, Seller hereby agrees to furnish 295 Buyer, at or before closing, with the following: 296 ? An affidavit stating, under penalty of perjury, the Seller's U.S. taxpayer identification number and that the Seller is not a foreign 297 person. 399 ? A "qualifying statement," as defined by statute, that tax withholding is not required by Buyer. 259 ? Other: 300 Seller understands that any documentation provided under this provision may be disclosed to the Internal Revenue Service by Buyer, and that 301 any false statement cot ' ed therein could result in punishment by fine, imprisonment, or both. 302 Buyer Initials: A/S-C Page 4 of 5 Seller Initials: Gam, 303 304 JP. ARBITRATION OF DISPUTES (1-00) Buyer and Seller agree to arbitrate any dispute between them that cannot be amicably resolved. After 304 305 , written demand for arbitration by either Buyer or Seller, each party will select a competent and disinterested arbitrator. The two so selected will 305 .306 select a third- If selection of the third arbitrator cannot be agreed upon within 30 days, either party may request that selection be made by a 306 30r , judge of a court of record in the county in Mich arbitration is pending. Each party will pay its chosen arbitrator, and bear equally expenses for 307 308 the third and all other expenses of arbitration. Arbitration will be conducted in accordance with the provisions of Pennsylvania Common Law 308 $ua Arbitration 42 Pa. C.S.A. §7341 er. seq. This agreement to arbitrate disputes arising from this Agreement will survive settlement. 9n9 31 % 30, +1 BROKER INDEMNIFICATION (10-01) ' _910 311 ?%? '- ._I(", , \ --"? " •Y ' Buyer and Seller represent that the only Brokers involved in this transaction are: +'? 'i f-' a1r 312 31 ? and that the transaction has not been brought about through the efforts of anyone other than said Brokers. It is agreed that if any claims for 313 3ta brokerage commissions or fees are ever made against Buyer or Seller in connection with this transaction, each party shall pay its own legal 314 3+ fees and costs in connection with such claims. It is further agreed that Buyer and Seller agree to indemnify and hold harmless each other and 315 31Si the above-listed Brokers from and against the non-performance of this Agreement by either party, and from any claim of loss or claim for 316 3t; brokerage commissions, including all legal fees and costs, that may be made by any person or entity. This paragraph shall survive settlement. 317 3i8 31. GOVERNING LAW (10-01) 318 319 This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 319 320 32. NOTICE BEFORE SIGNING (5-01) 320 321 Buyer and Seller acknowledge that Brokers have advised them to consult and retain experts concerning the legal and tax effects of this 321 32Z Agreement and the completion of the sale, as well as the condition and/or legality of the Property, including, but not limited to, the Property's 322 327, improvements, equipment, soil, tenancies, title and environmental aspects. Return by facsimile transmission (FAX) of this Agreement, and 323 U24 all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. 324 325.33. NOTICE 325 326 All notice requirements under the provisions of this Agreement or by application of statutory or common law will be addressed to the appro- 326 327 priate party, at the addresses listed below via any means of delivery as mutually agreed upon by the parties and stated here: 327 328 328 329 If to Seller: 329 330 330 331 With a copy to: 331 332 332 333 If to Buyer: 71N 'c t 333 334 6_i: !"\ ! , i !. A::. v . -. ><? .11 t •1. •"? 334 335 S' .+-j',y , ..3 * With a copy to: "ni •' 335 336 . l!J t Mnc L-" `i-'? t -1 •.,\ 336 337 Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code 135.336. 337 338 Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 338 330 Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit money) before 339 340 signing this Agreement. 340 341 Buyer acknowledges receiving a copy of this Agreement at the time of signing 341 3,12 ? 1 ' L 342 ? ?J BUYER ?s DATE 7-LG a4a WITNESS/ATTEST - - 343 344 BUYER(S) NAME _ JJ JJ L- j) L ST/{/"L- SS/1'I # 344 345 Mailing Address 345 346 Phone #s FAX # E-Mail 346 347 347 348 WITNESS/ATTEST BUYER DATE 348 349 BUYER(S) NAME SS/TI # 349 35n Mailing Address 350 351 Phone #s FAX # E-Mail 351 352 352 353 WITNESS/ATTEST BUYER DATE 353 354 BUYER(S) NAME SSM # 354 355 Mailing Address 355 355 Phone #s FAX # E-Mail 355 357 357 358 +K Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336. 358 359 RS Seller has received a statement of Seller's estimated closing costs before signing this Agreement, 359 368 360 381 VOLUNTARY TRANSFER OF CORPORATE ASSETS (if applicable): The undersigned acknowledges that he/she is autho- 381 36z rized by the Board of Directors to sign this Agreement on behalf of the Seller corporation and that this sale does not constitute a 362 363 sale, lease, or exchange of all or substantially all the property and assets of the corporation, such as would require the authorization 363 364 or consent of the shareholders pursuant to 15 P.S. §1311. 364 355 ' 365 6 S ACCEPTANCE: Seller hereby accepts the above contract this (date) 366 SELLER 36 361 -°-- ? 387 ' -_? DATE 3es WITNESS/ATTEST SELLER 368 369 SELLER(S) NAMES J "4:- SS/TI # 369__ ' 310 'Mailing Address 370 ) 321 Phone #s FAX # E-Mail 371 372 372_ 5,3 WITNESS/ATTEST SELLER DATE 373 374 SELLER(S) NAME SS/TI # 374 375 Mailing Address 375 3'6 Phone #s FAX # E-Mail 376 „_, 377 -378 WITNESS/ATTEST SELLER DATE 378 '9 SELLER(S) NAME SS/fl # 379 Mailing Address 380 Phone #s FAX # E-Mail 381 A/S-C Page 5 of 5 382 BUYER'S COPY EXHIBIT «B99 V•1/ DWI &I. YV 80 e Soarsammwo + s?s..r4%toMa?N*?rol??dse100OWlAMMONduXALIORSS(PA• IIy1 -A- p fie.L 46 7A r • i sspir to ?tm ?oulot +a.?.?d?eaad omYy: O W yea. I now" go 1. _ O VAWW Nw II 1113 A--rrlmr111w#m W,f .. tJ redM?iel Om? /e llwrrr? tm1?Nm1 to t7 CMII W of o.wN.q? PA"Wip ? Ot?an D ate to 1 Q An"t ftyw ma4u 6c la pom to die ao¦gim lell/sed fit a* me" frpod(/). /s t D ?w+ a+iJis ? !b. Nr? of Smk (mly Ir ?sldtl !6c by tLe stems afA1mA?ldh. N i. C] vjrlosa c/iw/I t P"961* Bed aoeglb Otis !OalmRy ad $yaw NMI 10 "d* 60 UM of du *&wbg vtileal Is coma" P"Pudo* y W Q 1 ?t mt 9eUer'/ a1pm111a, ?wIQ tMb eo?etie•ahapai/ r s a IS =NNW ptar to Wasupo . -- - Q tY im b >e N a a r a. n M H A ., .. Go • O SON M10" !e/? O CnaL. tidlat bill et*dtl l WW& &a eav of ooor.edaoNtiPan w the ?opsry, as V to c Q aft "aft awW as" b ohttma m PWTW. WfW. . 1ivey Is o d aaend ed by Ike vole 1 .). if a>a. ?. 3 + QD) son SMOSOM an is O tti/mra" ?~ MANSE pios U 6164"pr Gas S o Z (F} a Stir Aoerum 1din1/yo Oloun/ to 4"W Yom S IG? D tDIMc: --- .. 4. YTCCieye a1"Lfwe MeK/) (eVasiet al' dlea 9aiod 4e Aw Agreemat of 3a1o dams eat egp/tlt? ?ocepeaeoe dtiba h olb? aela m ,Asvhe momoO Tboo, pria& Doled is tie AstWrAd of NO am ebaeiod Y rabo+sIN (A) iw Ow pwW a t +vb low , atd+e / rara.r of of smr 11 ae.eMe (n Tye tlsampedsdispsms.pb ?? two Of Me A/alnW of Szlok Chw d to (C) as gm WAd a VWW*h lies of dW Aprr/almao of t* is o}hpmd m All ~ ammo/ mad 4ndO r W t'ho A rommov of able wasmss moral la L,M heN sA AWL 4d 77m. q-, q -0(0 buy= nANS swum VAn voe??? oo?Irauarr,s+lawRwruam/ods?sowarrsA??laa>. /rte EXHIBIT "C" AMERICAN HOME BANK.. We help build your future.SM To Whom It May Concern: Regarding the commercial mortgage requested by Gerald L. Stake in August, 2006, we were not able to make a final commitment to him because the additional requirements imposed by South Middleton Township required a much higher mortgage amount than was feasible for Mr. Stake to meet. The mortgage would have had to include at least another $150,000.00 making it close to $825,000.00 and we were not willing to make that commitment to him at that time. AMERICAN HOME BANK l By: ANTHONY DAMORE ASSISTANT VICE PRESIDENT 417 Village Drive / Carlisle, PA 17013-6929 + Phone 717218-6635 1 www.bankahb.com CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: DAVID A. MORGAN, JR., ESQUIRE 114 WEST MAIN STREET P.O. BOX 700 DALTON, PA 18414-0700 Date: July 2008 IRWIN & McKNIGHT Douglas,P. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 r-3 t] GERALD L. STAKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008-1879 CIVIL TERM CLYDE E. DEHART, JR., CIVIL ACTION -LAW Defendant ANSWER TO COMPLAINT AND NOW comes the Defendant, Clyde E. DeHart, Jr., by and through his attorney, David A. Morgan, Jr., of Dalton, Pennsylvania, and answers the above- referenced complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. After reasonable investigation, the defendant is without the resources or knowledge to either affirm and or deny the allegations as proffered. To the extent that a response is requires, it is specifically denied. Strict proof demanded at time of trial. 13. Denied. There is no supporting documentation as to the allegation as proffered. It is therefore strictly denied. Strict proof to the contrary is demanded at time of trial. 14. Denied. There were no contingencies as to any improvements the plaintiff may have been able to or was required to make. Strict proof to the contrary is demanded at time of trial. 15. Admitted. 16. Admitted. 17. Admitted. 18. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 19. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 20. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 21. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 22. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 23. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 24. Denied. There is no supporting documentation as to the allegation as proffered therefore, it is strictly denied. Strict proof to the contrary is demanded at time of trial. 25. Denied. After reasonable investigation the defendant is not able to either confirm or deny the allegations as proffered, it is therefore strictly denied. Strict proof to the contrary is demanded at time of trial. 26. Denied. After reasonable investigation the defendant is not able to either confirm or deny the allegations as proffered, it is therefore strictly denied. Strict proof to the contrary is demanded at time of trial. 27. Denied. The allegation as proffered requires no response. To the extent a response may be required, it specifically denied. Wherefore, the defendant, Clyde E. DeHart, Jr., respectfully requests this Court dismiss the suit as filed or in the alternative find judgment for the defendant against the plaintiff in the amount of five thousand ($5,000.00) dollars together with attorney fees, costs and interest as permitted by law and other such and further relief that the Court shall deem just, proper and fair. Respectfully submitted, Date: David A. Morgan, Jr. s uire 114 West Main Stree PO Box 700 Dalton, PA 18414 (570) 563-1888 VERIFICATION The foregoing Answer To Complaint is based upon information, which I have obtained from the defendant, Clyde E, DeHart, Jr., in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. GERALD L. STAKE, Plaintiff VI. CLYDE E. DEHART, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-1879 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I , David A. Morgan, Jr., Esquire, do hereby certify that I have served a true and correct copy of the ANSWER TD COMPLAINT, relative to the above-captioned file upon the parties and in the manner listed below: VIA FIRST CLASS MAIL Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 Date: G Law Offic s of Dav d A. Morgan, Jr. 114 West Main Street, PO Box 700 Dalton, Pa 18414 (570)- 563-1888 David 4A. Morgan, ., squire _?? F Crti` 1 +-- L w, 44 v... R5 Y y~ V ! o ..u? r TM IN THE COURT OF COMMON PLEAS OF GERALD L. STARE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CLYDE E. DEHART, JR., Defendant . NO. Civil Action 1879-2008 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Douglas G. Miller counsel for the plaintiff/ddk dot in the above action (), respectfully represents that: 1. The above-captioned action () is (m) at issue. 2. The claim of plaintiff in the action is $ 5, 000.00 plug attorney fees The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas G. Miller and David A. Morgan, Jr. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 7ugc y submittes G. Miller, Esquire ORDER OF COURT AND NOW, .200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, 44 t' d c : r -T7 t ? V CJ`s i 5e?=+ V? GERALD L. STAKE, Plaintiff V. CLYDE E. DERART, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Civil Action 1879-20 08 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Douglas G. Miller counsel for the plaintiff/delt in the above action (snip i m), respectfully represents that: 1. The above-captioned action () is (ub) at issue. 2. The claim of plaintiff in the action is $ S - (loo _ 0 plus attorney fees The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Douglas G. Miller and David A. Morgan, Jr. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 40brrjitted/?? oug s G. Miller, Esquire ysu ORDER OF COURT AND NOW, 200, in consideration of the foregoing petition, and ?. ell Esq., and Esq., are app ' ted arbitrators in the above captioned action (or actions) prayed or. By the tfir , N Gvil r V VWA-lXcot :Zt Wd L t 43S 0001 V? ?q, GERALD L. STAKE, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CLYDE E. DEHART, JR., DEFENDANT 08-1879 CIVIL TERM ORDER OF COURT AND NOW, this QT# ----day of October, 2008, the appointment of Suzanne Hixenbaugh, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. John F. King, Esquire, is appointed in her place. By the,.-ourt, Edgar B. Bayley, J. Williams A. Addams, Esquire Chairman 1 ? C.a?a t?l /o' 0P, 0t' John F. King, Esquire Court Administrator ? U :sal CO C°.. GERALD L. STAKE, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. CLYDE E. DEHART, JR., : DEFENDANT 08-1879 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2008, the appointment of William A. Addams, Esquire, as the chairman on the Board of Arbitrators in the above- captioned cases, IS VACATED. Roger B. Irwin, Esquire, is appointed in his place. By the C Edgar B. Bayley, J. Roger B. Irwin, Esquire Court Administrator - ?oj,r ? ??L? ? ?? :sal l20(? y rye ///12c??c?8 cli GERALD L. STAKE, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CLYDE E. DEHART, JR., DEFENDANT 08-1879 CIVIL TERM ORDER OF COURT AND NOW, this QJ? day of November, 2008, the appointment of Roger B. Irwin, Esquire, as the chairman on the Board of Arbitrators in the above- captioned cases, IS VACATED. Carol J. Lindsay, Esquire, is appointed in his place. By thef hurt, Edgar B. Bayley, J. Carol J. Lindsay, Esquire Court Administrator _/J? C;,„ :sal ?' ? 1 ? ? (( ' ?'?? ?.. l C \; ?' "?''" ?i_ r? ?== r-, __ ?. c"'? _t